V
VALLEY-MILLMETi
DENOUNCE RATES
Southern Pacific Tariff Is
Blamed for Steadily Dwind
ling Trade.
MARKET WEAK FOUR YEARS
Kail road OmcUU fray Klr Kl
pens ol Traffic Over Crooked
M-kljoa Deiuand Increase.
Water Shlpeaenta Harmful.
"Why la the lumber business In tha
Wniametta Valley In an unrmun,r-
atlve roadulaa so far a tha sto-cknoia
rwm cvf tha lumber corporation ara coo-
re rr.wl T"
That Question u asked A. C. Ptxon.
general maotrr of tha Booth-Kelly
romtsnv by Attorney J N. Teal yes-
terrier afternoon. after Mr. PI on bad
Bid tha lumbar business Mi been in
an unl.fai torjr condition since 10T.
Air. I'lion was a witness before Exam
iner ITouty. of tha Interstate l'ommrrt
CnmmlMloa. la tha hearing- of tha Wll
lam'tla Valley lumber rata raaa. In
whl'-h tha SoulRera Pacific Company
la attempting to enforre a rate of .
tin on shipments of lumber to Van
Francisco and other California points.
Milling Kxpene Leaps.
"Tha continued operation of tha
mllle.- fid Mr. Plxon. "haa led to a
decrease In tha quantity of easily avail
able etumpacr. We have bad to ao
fartber bark for our loss at Increased
expense. The cost to u of practically
atl supplies haa Increased. The coat of
tabor he increased and efficiency haa
decreaerd."
Asked to explain hla meaning, Mr.
PI on said:
"A labor becomes scarce men ran
more easily eecure poeltlona and can
earn more a day. They ara mora Inde
pendent, quit mora frequently because
they ran eecure other employment
eaaily. and do leea work an hour.
"Our markets haire been restricted by
advance In ratea and In nearly every
district where we hare been doing; busi
ness have been threatened with still
further advances. This haa made tha
market more unstable and pl-iced us
mora la jeopardy where we took large
contract. In a number of Instances
tha ratea were raised while we bad
large contracts en hand, and w lost a
largo amount of money.
I la tea Cut Down Profits.
"All those thins hare made a de
creasa In tha apparent profits or an
increase In looses. In our case It haa
bean an Increased Ion. Since the Fall
of tha lumbar bustnasa haa never
been back upon a firm foundation.
"From lv to 107 wa had a con
stantly Increasing- demand east of Chl
rtro for double and triplecar lengths.
Comparatively little was shipped south
of Ashland. Then the Increased ratea
came, and "put a atop to tba ship
mentav" "Is tha SJ.fv rata mora than a rea
sonable one to flau Francisco and way
pointer asked sir. Teal.
I think It la."
"Then yon think the advance from
11 la to 11.40. allowed br the Commis
sion, waa unreasonable?"
-Yes. slr."
5bJptnenU on Decrease?.
Mr. Dixon, when asked If lumber
shipment to San Francisco from Coo
Hay had affected tba shipments of tha
Hooth-Kelly Company, said that they
had. He aald .001 feet was the
total shipment In 10J. and tl.000.0o
feet the shipment la 110. These Btilp
ments were larrer than the shipment
for UOt. he said.
R. A- Booth told of the building of a
railroad line to the compeny'a new
mill several yeara aero, when the J !
rate was established. He said tba
southern Facinc refused to put In tha
road unless his company would agree
to ship exclusively by It lines. The
S).li rate waa tried for a year, and
then established permanently, ha aald.
On the etrengta of It bis company built
three mil la and placed them In oper
ation. .Railroad Tide Told.
John Daley, an official of the Illinois
Central Railroad, compared traffic con
ditions on that line with those on the
Southern Fartflc south from Portland.
He spoke of an Increase of from 1
per cent to 41 per cent In wages since
1I. and said supplies were higher, too.
"Is laal true?" qaerled tiemlner
Prouty. "As I remember the testimony
at the Illinois Central hearing, supplies
are lower now."
- Mr. Daley said that steel rails ara
the same price they have been for
years, that "locomotives may be cheap
er If you order them right now." that
"lumber was down In lfvi. up In 190$.
and la now down." He aald "the Increase
In wages haa been more In the rail
road business than la other lines, be
cause we have been attacked more by
labor unions-"" The Increase In wagea
did not show all concessions g- -ited
labor, he aald. because concessions In
overtime had been granted.
Stallion Line Worst.
U R. Fields, of the Oregon Division
of the Southern Facinc. and J. U.
Pavts, of the California Division, testi
fied yesterday morning. Mr. Davis said
he considered the Siskiyou line the
worst mountain railroad he knew of.
From Ashland to lied Bluff. Ji) miles,
he said tbere are li)7 miles of curves
and about 100 miles of tangent. In
some places there are It-degree curves,
he said. There are It tunnels, segre
gating; In length 11. 4 feet. Loads
higher than 11 feet from the track will
not pass tha tunnels, so he has to keep
a force of men at Ashland all the time,
he said, reducing the loada that tha
cars may go through the tunnels. Last
year 11.17 brakeshoes were removed
at Ashland, he said. Four locomotives
are necesary to haul tha IS and 40-car
trains. Formerly the trains were of
IS and St) cars, but heavier locomotives,
and more of them, permit longer trains,
be said.
A statement of the amount of lum
ber shirred south through Ashland was
Bled with Examiner Prouty yesterday
afternoon by Attorney W. W. Cotton,
wbo represents the Southern Faclflo at
tha hearing.
LITIG.IXT MCST BE RESIDENT
PlalntUf or Defendant Required to
I.lve la Federal District.
The Federal law requires that either
the plaintiff or defendant In a suit
brought In the I'nlted 9atea Court
s-:i be a resident of the Federal dis
trict In which tne suit la brought. If
the plaintiffs are not residents, and
one of the defendants Is not a resident,
tba suit cannot, be brought la tfcat (lis-
trtct, provided the non-resident de
fendant Is a material party. This was
the decision of Judge Bean yesterday
morning In the suit of Duncan and
Roderick WeAuley against S. F. Moody,
M. A. Moody and John McAuley.
Tha plaintiffs are residents of the
Isle of Sky. Great Britain; the Moodys
are residents of The Dalles. Oregon,
and John McAuley la a resident of Mon
tana. The suit was brought to re
cover 5o on a note given to the Me
Auleys by the Moodys. John McAuley.
refusing; to Join his brothers In tha
suit for recovery of the note, wss made
a defendant.
Judge Bean ajso overruled a demur
rer to the complaint In the case of
K. C. Bolln against the United Lumber
Company and It. N. Smith, and on re
hearing changed his former rutins; la
the case of William E. Fearson against
A. C. Hough, saying that In making up
his previous decision he overlooked
HE-inrxT or poRTiisn roil
JSOKK THt 1II.F CK.t
TIHT IS DKAD.
: V
i
Late Oearse Hartaesa.
With the passing away of
George Hartness Saturday, an
other of Portland's pioneers Is
gone. Mr. Hartness had lived In
Portland since 1J4. Hla father,
Thomas Hartness. came to Port
land from Ohio In lsis.
(Jeorge Hartness waa born In
1S44. After coming to Portland
he entered the brick manufactur
ing buslnesa with his father.
Later he became Identified with
the Northwestern Transfer Com
pany, holding tha poaltloa of sec
retary until he retired from busi
ness) because of advancing age.
Mr. Hartnesa had been ill for
three and a half years. The
funeral services will be con
ducted Jointly by the Scottish
Rite Masons and Hsssalo Lodxa
of Oddfellows- Mr. Hartnesa waa
a thirty-second degree Mason,
and Joined the Oddfellow In 1872.
The funeral will be held Tues
day afternoon. Interment will bo
made la Hlvervtow Cemetery.
an affidavit which was in fact evidence.
The decree now entered la la favor of
tba plaintiff.
LAWS RULE AT ONCE
CO CRT HOLDS INITIATIVE ACTS
IV VOGl'E -AIIE.Y PASSED.
Judge) Dean Decides That Intent of
Voter Make Measure Effec
tive After Count.
The employere" liability law went
Into effect at T o'clock November t. tha
moment the polls closed, according to a
decision rendered by Feberal Judge
Beaa yesterday. Under hla ruling; all
Initiative laws which do not set forth
when they shall become effective began
to operate the minute they ara passed.
The question arose in tbs sutt or
Wall ace K. Bradley against the Union
Brldg-e It Construction Company to re
cover 1:5.000 damages for the death of
Roy K. Bradley, hla 10-year-old son.
November . the day after tha passage
of tha new law, young Bradley atepped
off a barge used In laying the piers
far the new O.-W. H. X. bridge and
was drowned. He was at the time
working for the construction com
pany. The sutt was brought on tha
ground that the barges were not light
ed properly. It being alleged that the
company thereby violated the provi
sions of the employers' liability law.
The company sought to quash tha
complaint by a demurrer, contending
that the law did not go Into effect un
til the official count of the vote waa
completed and the Governor signed tha
proclamation. Judge Bean held that
the law became effective aa soon as the
vole waa complete and tha polls closed.
The official count and proclamation
are merely confirmatory, ha said.
"The Initiative right la a constitu
tional right. Invested In them by the
fundamental law of the atate." said
Judge Bean, "and Is to be exercised
independently of tha Legislative As
sembly. When the people exercised
such right and enacted a law at tba
polls, it became the expressed will of
the law-making power, ana it cannot
be postponsd or delayed by the Legislature."
NEW SCHEDULE TO
Seattle, Tacoma and Intermediate
Points.
Effective Sunday. February 6th.
. W. Owl" on o.-w. H. . -roget
nd Route." wlU leave Portland at
p. M. instead of 11:41 P. M. for
ttle. Tacoma, Centralla, Chehalls
i .11 . Mnunil nntBtL Hleenln
KHU i . u - '
ears open for passengers at Union
lie pot at :! P. M. as usual and pas.
sengers may remain In these sleeper
after arrival at Seattle and Tacoma
until $:! A. M.
-O.
So
It
Sea
an
Repentant Youth Paroled,
rtav van da Bosrard. a youth of 21
years, who participated soma time agro
In riot at tft. Johns against a gans; of
Hindus, was admitted to probation by
Circuit Judge Oantenbein yesterday
after pleading guilty to his offense and
asserting bis repentance. It waa abowa
that the young roan had . never pre
rloudy been In trouble and that he
supports his parents, who are unable
to work because of alckn.
rvcmoMt roLLOwi a cold
But never follow the use of Foleyl
Honey and Tar. which checks the
couth and expels the cold. M. ptock
weiL Hannibal. Mi), says. "It beats all
the reme.lles I ever used. I contracted
a bed cold and rouali and waa threat
ened with pneumonia. One bottle of
Foley's Honey and Tar completely
cure! mi." No opiates, just a reliable
household moJlciuo. bold DX tu urug
Menu-By Request, Tomato Soup with StocK. Crou
r.nnkinP School Today at lO A. M. tons. Xante Muffins, CHilli Con Carrie and Coffee
We Are Agents Libbey Cut Glass-Haviland, Lamoge. Royal Doulton China-Rogers Bros. Silverware
Stv,r1H Sf,wlnri Machines Sold on the Club Plan at S5I.OO a WeeK-TaKe Lunch in Our Tea Room 4th Floor
The
Greater
Olds,
WortmsiEi & Urn
tore
liriitlerimattioinial Puire Food! Fair
Afternoon Concert at 2;3Q P. M. by Ruzzi's Orchestra
amct Sale of Hitcir&em Goods an
d
H
ouise-
Hold Necessities of Every Description
Come and supply your wants at this great sale Every
thing' from a feather duster or step ladder to a cut glass
dish or Haviland China dinner set is on sale in the de
partments for household needs On the Third Floor
Unusual Savings on Dinner. Sets
Dinner Sets with gold border pat
tern, small vine and full gold line.
Fancy shapes; choice designs of
white and gold. Very pleasing
patterns and exceptional values,
offered special at these prices :
50 -pc. set, $ 7.85 val., g 6.25
60 pc get, $10.50 vaL, 7.05
100-pc. set, $15.50 val., 11.35
Dinner Sets in fancy shapes, bor
der patterns of green vine and
6inall rosebud; full gold line on
both sides of border; gold-traced
handles and knobs. Very dainty
designs; special at these prices:
50 pc. set, $ 7 85 val., g G.25
60 - pc. get, $10.60 val., $ 7.95
100-pc. set, $15.50 val., $11.35
Dinner Sets with green border,
gold design over border and full
gold line, making a rich design
and very effective decoration.
During this sale we offer them
at the following very low prices:
50 - pc. set, $ 8.70 val., g 6.85
60 - pc. set, $11.25 vaL, g 8.75
100-pc- set, $17.10 val., g!4.25
Dinner Sets, Grindley's English
semi-porcelain, with plain border
patterns of conventional design
and neat lines. Great values, of
fered special during this sale at
the following very low prices:
50 -pc. set, $ 7.85 val., g 5.95
60 - pc. set, $10.00 val., g 7.60
100-pc. set, $15.50 val., 11.80
500,000 Pieces
of Tinware
Every Article at Reduced Prices
Miscellaneous
Household Needs
35o Potato Ricer for only 27?
75c Wood Carriers, special at 60
7c Cake Turners for sale at only 5
80 Flesh Forks, ipecial, each 6
15e Kitchen Knives for only 11
10c Can Openers, special only 8
35c Butcher Knives at only 2 7
6c Asbestos Mats priced now at 3
lOc DishMops redaced to, each 7t
6c Toothpicks now on sale at 3
2c Sink Brushes, special, each 1
lOo Qas Tapers, special price 8
15c BngBeaters reduced to 1 1
45oWash Boards now for 35t
75c Mirrors reduced to only 60
35c Baskets priced at, each S7?
15c Polish on special sale at
25c Enamel now priced at only 1 9
$1.00 Food Chopper for only 79
$ 1.25Food Chopper for only 98
8c Vegetable Brush at only 5
15o Scrub Brush now for only 1Q
30c Dust Brush, special price 24
50c Floor Broom reduced to 39
35cFloor Broom reduced to 19
25c Stove Brush on sale for 19?
15c Towel Roller on sale for
Wash Basins, lOy-inch, regular 12c values, special at 9
Colanders, 10-inch size, regular 15c values now only 11
Lipped Kettles, 3-quart size, regular 18c values, now 12
Lipped Kettles, 4-quart size, regular 20c values, now 15
tipped Kettles, 5-quart size, regular 23c values, now 17
flM Pierced sizeo.JLO values, special now at 8
MouldsCake or Jelly, regular 60c values, now only 48
DeepHLoaTCake Pans, 20o values, on special sale at 15
Milk Pans, heavy, 2-quart size, 8c values special only G
Milk Pans, heavy, 4-quart size, 12c values, special each 10
Milk Pans, heavy, 6-quart size, 17c values, special only VZc
Deep Dish Pans, 10-quart size, regular 35c values forS7j
Deep Dish Pans, 14-quart size, regular 40c values for 32
MuffinPans, 6-hole20cyalues, on special sale for, each 15
MuffiiPani7"9hole, 25o values, on special sale for, each 19
Deep PuddingPansJ3uaj
DeeplPudding Pans, 4-quart size, regular 15o values at lit?
Lipped Sauce Pans, 2-quart size, regular 14c values for 10
Lipped Sauce Pans, 4-quart size, regular 20c values for 15
Lipped Sauce Pans, 6-quart size, regular 25o values for 19
Bread Raisers covered regular 95c values now for 75
Scoops for tea or Bpice, regular 8c values, special for G
FlatSkimmers, 4y2 size, regular 8c values now, each 6
Water""Pails7i0-quart size, regulaj5cyalue8 jiowjit19?
DeeFBreadPans, regularly sell" for 10c, special now for 8$
Jelly and Cake Pans, our regular 10c values now only 8fl
Crisp Roll Pans, regular 15c values on sale now for litft
Coffee Pots, 2-quart size, regular 18c values, special at 12
Coffee Pots, 4-quart size, regular 25c values, special at 19
Steamers, yo8, our regular 35c values, special for, each 27
Soup a train ers, -mca siso, icgmox j.a.y
Deep Jelly Cake Pans, regular value 6c, special now for 4
Deep Jelly Cake Pans, regular value 8c, special now for 6
Deep Pie Plates, regular 5c values, on special saje now 4.$
Perforated Pie Plates, regular 10c values reduced now to 8
Wash Boilers, copper bottom, regular $2.75 values S2.2Q
Wash Boilers, copper bottom, regular $1.95 value $1.55
Oblong Covered Dinner Pails, regular 35c values now 27
Covered Tin Pails, 3-quart size, regular 15c values at 11
Tin Oil Cans, l-gallon size, regular 25c values, special 19
Galvanized Oil Cans, l-gallonsize, regular 25o values at 19?
AppIeCorers, our regular 5c values, on special sale at 3,
. Tin Cups, 1-pint size, our regular 4c values, special only 2
Biscuit Cutters, our regular4c values, specially priced at 2
Fancy Cake Cutters, regular 4c values, now priced at 2t?
Tin Dippers, our best regular 10c values, special only 8?
Enameled Sink strainers, our regular 25c values, only 19?
TjnFunne3, 1-pint size, regular 5c values, special only 3
Tin Graters, our regular 8c values now reduced to each 6fr
Combination Graters, regular 10c values on sale at, each 8fr
Milk Cans, our regular 45c values, reduced now to only 32
Tin Graduated Measures, regular 10c values, special at 8
Brown Bread Moulds, covered, regular 45c values at 32
Pudding Moulds, covered, regular 55c values, now only 43
Tjafants'BathB, regular $"L"60 values, reduced to only $j .20
Foot Baths, regular 40c values, on special sale now at32?
Bread or Cake Boxes, regular 55o values, special each 43ft
Cash or Bond Boxes, regular 70c values reduced to 56S
Flour Boxes, 60-pound size, regular $1.25 values for SI. CO
Sugar Boxes, our regular 85c values reduced now to G7
Tea and Coffee Canisters, regular 20c values for only 15 '
Dust Pans, regular 8c values, on special sale now for only Oft
- - N II. I . . , . ' I
SECOND WRIT IS INVALID
OX THIS DEFENSE DEPCTT
BEATTa "WILL REST CASE.
Contention Upheld r Tentative De
cision' of DlMtrlct Attorney Who
Think Kidnaping Igal.
That two wrlta of habeaa corpua ean.
not b pandlnc in tha aama court at tba
am a tlm. la for of on man, 1 tha
contention upon which Deputy Sheriff
Beatty will rest bla defense, on tha
accusation of bavins; kidnaped F- H.
Lasher, an Arlsona prisoner, whom ho
spirited away from tha courtroom at
the conclusion of hearing- Saturday
afternoon. He la sustained by a tenta
tlTO decision of tha District Attorney
and action ag-alnst tba officer Is held
up for tha present.
Lasher, after having been tried for
local offenses and paroled by Judge
McGinn, waa held hera to ba returned
to Arlsona. where ha I wanted for a
tetany. Hi attorney secured a writ
of habeas corpus while hla client wa
beinr held aa a fugltlva and whlla
the matter waa pending, tha Arlsona
officer seeured a warrant for extra
dition from Governor West.
A new writ of habeaa corpus was
then issued to cover the Oovernor's
warrant, whlla tha first writ was still
at issue. Lasher was discharged from
custody on tha first writ and was Im
mediately whisked away by Beatty In
an automobile, to b met at Salem by
tha Arlsona Sheriff, who, by this Urn a
has tha prisoner in the territory.
In carrying tha prisoner away.
Beatty disregarded the second writ,
and tha District Attorney is of tho
opinion that ha waa warranted in doing
so, for tba reason that when It waa 1.
tied tba prisoner was In the custody
of the court from which tha writ Is
sued, and that the court thus cited it
self, a manifest irregularity.
H0LL1STER HOME RAIDED
Thieves Take Advantage While Doc
tor Is Away at Sea.
Balked by a heavy oaken door, which
barred their progress, burglars In tho
bouse of Dr. O. C Holllster, 768 Kear
ney street, cut through a panel in tha
door with a butcher knife, secured
from tho kitchen, aa a preliminary to
thoroughly ransacking tha house. From
tha crudeness of tha work, which was
dona Sunday night, the officers believe
that the criminals were juveniles.
Dr. Holllster and family are on a
tour of tha islands of the Pacific and
tha house is closed. Yesterday morn
ing Mrs. EL W. Hall, living next door,
noticed that all tho blind were down,
which they had not been before, and
he notified Patrolman Bale. Tha of
ficer entered the house and found that
tho intruders hd entered through tha
basement, to the kitchen above and
then to tha dining-room through tha
hole in tha door. They had pried Into
every part of tha bouse, but had passed
by valuable silverware on tha buffet.
Tha extent of tho theft cannot ba de
termined until the family, returns, but
it I pot believed to ba large.
FIRST FLAG MADE IN 1850
Steamer Lot Whltcomb Said to Have)
Flown Ensign. '
Who tnada tha first Union flag in
Oregon is Just now a question. The
statement which appeared In tho Semi
Centenary edition of The Oregonlan,
that tho flag made by Mrs. Bills In
ll wa the first Union flag ever
sewed In thl elty or state, 1 chal
lenged by Mr. K. Walta, of J55 East
Oak street, daughter of Mr. and Mrs.
Hector Campbell, pioneers, who came
to Oregon from Massachusetts. Mrs.
Walte recalls the fact that her mother
made a flas; for tho steamer Lot Whit
comb, at Milwaukie, the first boat
built In the territory. Tha craft was
launched on Christmas day 1850.
"My parents," said Mr. Walte, "wera
pioneers of 1849 and lived In Milwaukie,
where they took a claim. They were
living thera when tha Lot Whltcomb
wa launched. Mr. Lot Whltcomb, the
owner of tho boat, wished to have a
fine flag made and my mother con
sented to undertake the task. My
brother, H. B. Campbell, now residing
in thl city, assisted in planning it
and helped to cut it out I do not
remember its dimensions. It was first
flung to the breeze on tha occasion of
the. pleasure party to tho Cascades,
which is referred to In the Oregonian'
annual edition. I was a member of
the party and remember every Incident
vividly." .
Jacob Kamm, of this city, Installed
the machinery of the boat and well
remembers tho flag incident. J-'c-Ainaworth.
of the United States Na
tional Bank, was the first mate of the
boat and recalls the trip. Tho boat was
sold to a San Francisco firm later and
piled acros the bay for years.
T had been troubled with constipa
tion for two years and tried all of the
best phyplclans in Bristol. Tenn., and
they could do nothing for me. writes
Thos. E. Williams. Mlddleboro, Ky.
Two packages of Chamberlain e Stom
ach and Liver Tablets cured me. r-or
sala by all dealers.
Edlefsen Fuel Company sells the fa
mous washed Gale Creek Steam CoaL
Railroad Man Writes
Remarkable Letter
W. H. Ladt
President
T. B. Wacox
Vice-Pres.
January, 1911, Shows
62 Increase
Over January, 1910, in
new business
issued
LCookingham,
Vice-Pres.
M. M. Johnson,
Secretary
S. P. L0CKW00D, VICE-PRESIDENT AND GEN. MANAGER
Harry Ricbey, Mgr. Portland Agts.
Home Office, 9th Floor Spalding Bldg.
Portland, Or.
In 1903 and 1904, I waa a terrible
sufferer for about five months with
kidney and bladder trouble. I could not
deep nights and was obliged to get up
ten or fifteen times to urinate, passed
mucus and blood continually. One
doctor said I was going Into consump
tion and gave me up to die. Had
two other doctors but received no help
from either of them and am sure I
would have been In my grave had I not
seen your advertisement in the "Daily
Eagle Star." After taking several
bottles of Dr. Kilmer's Swamp-Root I
was entirely cured.
In the last two years I have been a
railroad fireman and have passed two
examinations for my kidneys success
fully so that I know that my kidneys
are in excellent condition now as a re
sult of your great preparation.
Yours very truly,
GEORGE KENSLER.
1422 Mary St,- Marinette, Wis.
Personally appeared before me this
25th of September, 1909, George
Kensler, who subscribed the above
statement and made oath that the eame
is true in substance and In fact.
HENRY GRAAS,
Notary Public,
Door County, 'Vrit.
Letter to
Dr. Kilmer & Ct
Blngbamton, X. Y.
Prove What Swamp-Root Will Do For You
Send to Dr. Kilmer & Co., Bingham
ton, N. Y., for a sample bottle. It will
convince anyone. You will also re
ceive a booklet of valuable Informa
tion, telling all about the kidneys and
bladder. When writing, bo sure and
mention The Portland Dally Oregonlan.
For sale at all drug stores. Price
fifty-cents and one-dollar.