TIIE 3IORN-ING OREGOXIAX. SATURDAY, FEBRUARY 18, 191 T. 12 BROADWAY ROUTE" MA! BE SELECTED Josselyn Willing to Negotiate With Mount Hood Railway Over Franchise. MEETING SET FOR TODAY Major Announces Firm Opposition 10 l'e of Othrr Streets in Irr- . legion Ball Hun Rights to D Considered. It ! virtually certain that the Mount Ifood Railway Una wni enter the city by war of tha Portland Railway. U-ht at 1'ower Company Broadway Una through Irrlccton and U the West Mile over tha Broadway bridge. A mb-commllt' of tha street commit tee of tha City Coanrll was named at a special meetinc yesterday afternoon to take up witn tha representatives of both road tha proposal for Joint u-a of the Uroadway track. A meet Ins; of those Interested will be held at tha City liall at 10 o'clock this mrntn. ' Uayor Simon declared yesterday that be was unequivocally aicainst the s: ran tine of a franchise to tha Mount Hood rad on any street but Broad way ansl he emphatically said that ha would not lend his assistance to any other proposal. Tha charter STlves tha Mayor unmuil power In this recard. at It require II Totes oat of the IS In the City Council to (rant a fran chise, oyer tha executive veto. While tha Mayor did not say that ha would veto the franchise If rranted for Han cock. Knott. Weldler. Halsey or Braiee streets. It la rraarded aa certain that he will do so If fur any reason tha broad may proposal fella through. .Mayor la Firm. The proper place for tha Mount IlObd road to enter Portland Is over the Broadway tracks." said Mayor Mmon. "and It roust he worked out that way. I will not srlve my consent to tha granting of a franchise on any of tha other streets In Irvlna-tun. 1 see no need of doing: so. for It Is per fectly feasible for the new company to use the Portland Railway. Llaht 1'ower Company'a tracks over Broad way and arranarmrnta to this effect must ba perfected. I am very strongly opposed to tha tsarina- up of payed streets and tha discommoding; of peo ple who have built beautiful homes, and do not Intend to allow It to ba d ne. t'ouncll-nan Lombard offered a reso lution, ratlins; fr the appointment of a committee of three of tha street com mittee to meet wtth the representa tives of tha Xount Hood Railway and the Portland Railway. Light Power Company, as well aa any others who are Interested, whea the street com mittee was called to order at 1 o'clock yesterday afternoon. Chairman Annand aiioinied Counctlraen Lombard. Mene fce at mi KublL Joesclja Will Negotiate. A letter front President Josselyn. cf the Portland Railway. Light Power Company, waa read. Mr. Josselyn re Iterated his verbal statements that ba had prevtously offered to the compet ing company the use of tha Hawthorne avenue ard Caxadero tracks to get Into the city, and adJed that. If neither were agreeable to the Mount Hood Company, he would enter Into negotia tions for tha use of tha Broadway tracks. C W. Fulton, representing tha Mount Hood Company, objected to the arrangement unless the committee should provide an alternate route, to be used la case of failure of tha nego tiations ti use Broadway tracks. The committee, however, declined, as tha members f-lt that there would be very little delay by following tha other course. Mr. Fulton said that he regarded It a placing his company In an embar rasmg position, and that tha Portland Railway. Light A Power Company rouwt demand certain things and bold tin the Decollations until tha mlllcntum. If the officials of tha other pne chose tn. His company, ha said, had been Waiting a long time for a franchise and had been willing to accept any route It could get. but Its affairs were In such a condition that It must have Immediate action and . ha urged that there be no further dolajr. InlnCton Foelllon JDecIarcd. W. M. Cake, speaking for the people of Irvtngton. said that It seemed to Mm as though tha Mount Hood Com pany was asking a good deal, and wanted Its own way In reuard to a frsn.hi.-e He and others visited President Josselyn tn the morning, ha -said, and found that official willing to do whatever Is right by the new road, but Mr. Josseln told tha com mittee that his offers of the Haw thorne and Caxadero lines had bee"t Ignored by the Mount Hnod Company's official. Mr. Cake said he thought this wss not right. He' declared that It would be an outrage to grant tha company a franchise to run on Han cock street or any other etreet In the Irvtngton district, except Broadway, and said that tha residents of Irvlna t .n would fight sued action to Ilia end. . t'pon motion CI Councilman Menefee. Clerk Grutse was Intruded to ask tha off'ctals of the Mount Hood Railway A Power Company for Information as to the rights of tha company Inj Bull Run River, with regard to water. If these clash with the city's properties In any way. It la the Intention of tha street committee members to secure concessions before granting any fran chises whatever to the company. It la explained. Council's Attitude Attacked. After the Irvtngton properly owners had protested to the Council against the granting of a franchise through Irvlngtnn. about ?S of them met In Attorney Cake's office and voiced the opinion that the City Council waa In clined to override the wlshea of prop erty owners In the Irvtngton district, in spite of Its conciliatory attitude. They took exception In particular to the remark of Gay Lombard that he was Inclined to grant the Mount Hood line a franchise down any Irvlngton etreet It wanted If It were not satis fled with the offer of President Josse 1to of the streetcar company to grant the Joint use of Broadway, both lines to bear equally tha expense of main taining the track. BRIDGE FORFEITS TO WAIT "Mayor Not to Act Vntil Final He port of Kngincers Are Made. No action will be taken by the Kxec Uv, Board at present relative to tha levying of penalties or payment or fur ther claims In the Hawthorne-avenua bridge rase, according to Mayor Simon. He said yesterdsy morning that It will be tha policy of the city to await the final report of Waddell Harrington, consulting engineers, before anything further la done. . We want to have the final report or Waddell at Harrington before we take further action." said the Mayor.' -It is for the consulting engineers to advise the city officials of their recommenda tions, and It la then for us to acc We will wait and see what final recom mendations the engineers will make. Mayor Simon's attitude Is to coiieci tha penalties from delinquent con tractors, and It la believed that ha well Insist that Robert Wakefield Co. shall be compelled to pay the city heavy fines for failure to complete the sub structure on- time. The company fin ished lit days late, but alleges It waa hindered by high water, and Waddell Harrington, consulting engineers for the city. In their first report, recom mended the elimination of 101 days from penalties, contending that high vrater waa to blame and that tha con tractors were not responsible. The bridge was originally expected to cost less than StsO.OOO. the amount of the Issue of bonds for Its construc tion: but bills now In and paid, and others yet to be paid, aggregate a suf ficient amount to bring the cost of the span up to .Oou. The general fund Is In no condition to meet the deficit, but some means must be w-orked out to pay the bills. ELLIS OPPOSEiSLGlH CO t'N C I LM A V DENIES HE ADVO CATED Sl'CII DIIAINAGE. Recall Movement Make Little r roc res In Tenth Ward Flans for Sewerage Ordered. "I want it distinctly understood that I have never favored or said that I favored emptying sewage Into any slough." said Councilman Cilia yesterday morning, be fore a large- gathering of residents of the Peninsula who had gathered to op pose any plan to drain their district Into Co.mbla Slough. hy. Mr. Ellis, yon certainly did make such a recommendation to this committee." heatedly retorted Council man Rushlight, chairman of the sewers and drainage committee. ' "I beg your pardon, but I never didr persisted Mr. Ellis. ."Well, you did. Just tha same." Insisted Mr. Rushlight. It was because of the Impression that Mr. Kills favored draining the aewage Into the aloughs that an alleged move ment to recall him was said to have been started at some point tn tha Tenth Ward, which be represents. It haa not progressed far as yet and It Is believed It wtll amount to nothing. Pelegatlona were present from Wood lawn. Vernon. North Alblna and the Alberta district. Woodlawn came in for considerable adverse criticism from the others, as at a recent meeting in Wood lawn It was voted to have no sewers until one emptying Into the Willamette River could be provided. This would cost mora than 112.MWu. It lias been figured by an expert, aa tha ruts would have to ex ceedingly deep In places. Councilman Rushlight Informed tha delegations that he had Instructed the City Engineer to prepare) a plan for sew ers for the districts represented. Coun cilman Ellis wss not satisfied with this, and demanded that a resolution ba passed so Instructing the engineer. Mr. Rush light saJd It was unnecessary, but finally ordered thta done. PH0fil0lislfiEGl'EN POSTAL EMPLOYES AFFECTED BY BILL AT WASHINGTON. Increased Pay. Overtime and Com pc-nsatory Time Orf for Work on Sunday Are Provided. Tlie postal clerks' bill, which Is be fore the United Statea Senate, having already passed tha House, provides for a large number of promotions and for ex tra compensation where overtime Is re quired. The bill provides that If letter carrlera employed In the city delivery service are required to work In excess of IS hours a week, they shall be paid for the extra work In proportion to their salaries, as the compensation haa been fixed by law. The bill also provides that for serv ices required on Sunday of supervisory officers, clerks In first and second-class Poetofflcea. and city letter-carriers, compensatory time off during the week In amount equal to that of tha Sun day employment may be allowed, under awh regulations, however, aa the Post-master-Cieneral may prescribe. This pro vision. Is not to apply to auxiliary or sub stitute employes.. Half of the clerks In the 11000 grade In second-class offices are to ba pro moted, aa well aa half of the clerks in the II 100 grade In first-class offices. Be sides these. 710 are to be advanced In salary from 12M to $1300 a year: 124 from 11300 to 11400; 71 from I MOO to llSuo; 43 from $1600 to floO; 33 from 1100 to 11 TOO; :o from II TOO to 11800; 3 from $100 to K0O0; !S from $3000 to S:i0: seven from $2100 to l::00: 10 from l.'ioo to $240: 13 from l?00 to $.'600; three from IjbOO to - J ''; five from S?o to S370S. , Tha bill appropriates $10,000 for re wards to employes for Inventions, pro vides for a 30-day vacation, provides for niral parcels post and "postal note." for J&00.000 for the extension of postal sav ings banks, and that the designation "special clerk" be retained in $13iJ and $H00 grades. PACKAGE MAIL DISCUSSED Carriers Not Obliged to Collect Such Matter From Letter Boxes. The'fnalllng of newspapers and pack ages was the subject taken up yester day at the meeting of supervisory em ployes of the Postofflce. Complarnt had been made to Postmaeter Merrick that papers placed on top of letterboxes have not been collected by carriers. Mr. Merrick says package boxes are placed wherever arrangements have been made for the collection of papers, and that letter-carriers are not obliged to collect papers or parcels placed on top of letterboxes. They sometimes collect them ss a matter of accommodation to the public but when they have a large quantity of letter mall, they cannot do so. In a'taee tried before Judge Bellin ger, be decided that a package placed on top of a letterbox was not legally In the mall or In the custody of ths Gov ernment. Sometimes packages placed on the boxes become wstersorfkM and If they are put In the pouch with letter mall they damage It. This sometimes B re verts collection. It would be possible to plsce package boxes In the residence districts If moro carriers were allowed by tha department. BROADWAY SPAN COmCTFOUGHT W. B.Burrell, Through Attor ney Duniway, Files Suit to ' Cancel Agreement. SECRET PACT ALLEGED Complaint Asserts That Major Has Veiled Understanding With Engl- neer Modjesitl and That City 1 Will Lose 9100,000. Cancellation of the contract for con struction of the substructure of the Broadway bridge, which was let to the I'nlon Bridge de Construction Company, Is the purpose of a suit filed yesterday In the Circuit -Court by W. F. Burrell. through Ralph Duniway. his attorney. . Among the mora Important features of the complaint Is the request that the court require Mayor Simon to make public a secret agreement alleged to exist between him and Ralph Modjeskl, consulting engineer for the city, who prepared the bridge specifications. It In also requested that the court force Mr. Modjeskl and bis assistants to return to the city the money .paid them, and to require ' Mayor Simon, City Auditor Barbur and City Treas urer Werlein to make good any amount the city may be out by money paid to Engineer Modjeskl. " Obstruction Not Aim, Attorney Duniway says It Is not tha purpose of the suit to stop the con struction of the bridge, and that in this way It differs from the suits filed by him In behalf of Frank Kler nan against the bridge bonds. The only purpose of the suit, Mr. Duniway said. Is to force the city officials to con form to the requirements of the char ter and not waste money In construct ing tha bridge Regardless of Mr. Duniway's explan ation, the suit, if successful, would put a stop to .the construction of the bridge, and would require entirely new proceedings In making specifications for tha structure and in letting the the complaint petitions the court for an order forcing the city officials to do certain things, no ap plication for such an order had been made personally by Attorney Duniway yesterday. 9100,000 Loss Alleged. It la contended by Mr. Burrell tn his suit that the city will lose approxi mately $100,000 by the specifications of tha bridge, requiring granite piers Instead of tha usual concrete piers. An attack la made on Mayor Simon and members of bis Executive Board tn the complaint tor having changed tha specifications after the bids were opened. It Is also charged that tha ad vertisement for bids, which reads that "No tender will be acceptable except from parties who hive not previously completed work of a similar character and at least In equal magnitude," is contrary to the provisions of the char ter, aa It eliminated many responsible bidders. W. F. Burrell. in whose name the suit was filed yesterday, was the author of an affidavit filed with one of Hitman's suits, in which he tried to prove that the building of tne bridge would be an Injury to the city. Mayor Simon said last night that he waa not worried over the suit. He denied that there was any secret agree ment betwoen him and Mr. Modjeskl. "This Is on a par with the other litigation against the bridge, he said, "and If It comes before a fair-minded Judge It wtll fail as the other has done. There was no secret agreement between Mr. Modjeskl and me. Why should there be? I am not at ell wor ried concerning tha outcome of the rase, but I wonder if they wtll ever get tired." LAYMEN TO BE HOSTS DIt. JOnX BAI.COM SHAW", O CHICAGO, BAXQCET GCEST. Evangelist "Will Be Dined Tonight in Y."M. C. A. Auditorium Meet. lug to Continue. In honor of Dr. John Balcom Shaw, Chicago pastor-evangelist, a banquet will be given by the Christian laymen of Portland In the Young Men's Chris tian Association auditorium at o'clock this evening. -Charles N. Wonacott. chairman of the executive committee of the Shaw meetings, will preside. H. W. atone wllL be the first speaker. Dr. Thomas Hal? Walker, pastor of Calvary Pres bvtrrlan Church, will speak on "The Mission or the Church." and Richard R. Perkins. "The Mission of the Chris tian." Dr. Shaw'a- subject will be "Personal Work." He will tell how an organisation of laymen In hla church. Second Presbyterian. Chlcsgo, accomplish results In systematic per sonal work. Another mass meeting for men at the ileitis Theater Is announced for to morrow at 3 o'clock P. M. Thla meet ing will be held under the auspices of the Fresbyterian congregations of Portland and the usual Sunday after noon Y. M. C. A.' meeting will be ad journed to the theater. Only men are to be admitted and admission is free. Concerning his plan for the theater meeting Dr. Shaw said: "I spoke ratheV gently to the men of Portland last Sunday afternoon. At next Sunday s meeting I have a plain message for men and I propose to de liver it straight from the shoulder." The doors of the theater are to be open at 3:30 o'clock tomorrow after noon. The Shaw meetings will be contin ued next week until Thursday even ing. Dr. Shaw will speak afternoon and evening In the First Presbyterian Church and at noon to men In the Y. M. C. A. auditorium. Dr. Shaw is to spesk tomorrow morning and evening In the First Presbyterian Church, as well as tomorrow afternoon in the Helllg Theater. Backache, Rheantatlsan, Sleeplessness Result from disordered kidneys. Foley Kidney Pills have helped other, they wil help you. Mrs. J. B. Miller, Syracuse. N. i.. says, "For a long time 1 suffered with kidney trouble and rheumatism. I had severe backaches and felt all plaved out. After taking two bottle of Foley Kidney Pllle my backache Is gone and where I used to lie awake with rheumatic pains I now sleep in comfort. Foley Kidney Pills did wonderful things for me.' Try them now. Sold by ail druggists.- I1'"" , - The Addition fr i WE Ny -W INVITE ) I YOU . personallv to investigate OUR SPECIAL OFFER TO HOMB &LriI.DEKS in LAUKELHURST. After so doing you will rVkllie the Importance of an early selection. Many are fakl'S Jd vantage of our SPECIAL OFFER. If you have not Visited LAC-RELHURST recently do so at . once Is t our office or call w by phone. Our representative will call - . ntir v aw t h a nronertv. xor you ftaa w" ;y 56 HOUSES CONTRACTED FOR In 30 days.' More are preparing their plans every day. Go out and see the many new homes completed In past few months snd the many new ones under way. After visiting Oie " property you will not be .tl.fied until you too ar. one of the many busy home-builders in LALRELHURS1. pbVm AND TERMS: $900 up. 10 per cent down. 2 per ee"t a mtnth. East Ank.ny, Rose City Park or Monta villa cars. HEAD MFRPHY. SAI.KS AGESTS, M.I. 1303. S-22-JM torbett Bldg. A 15t5 TAX IS RESISTED Wells-Fargo Company Con tends Burden Is Doubled. PETITION NOT ALLOWED County Judge Doubts Jurisdiction. Assessment of Biz Building in Portland Is at Issue New Action Possible. County Judge Cleeton, denied the peti tion of the U'ells-Fargo Express Com pany yesterday to have the assessment of $653,335 against the company stricken from tha tax rolls of the county. The company contended that as the state controlled the assessment of property usod by corporations for their business, the county had no right to assess the company for the big Wells-Fargo build ing and other property, and that such assessment would mean double taxation. Judge Cleeton called attention to the fact that the state had assessed the company only $2SS,000 for all the property it used In Its business throughout the state, and that It. was hardly possible that the state Included In this small sum the property thst the County As sessor had valued at more than JoOO.OW). Jurisdiction Is Doubted. The principal reason, however, for denying the petition. Judge Cleeton said, was that he did not believe the County Court had Jurisdiction, and that to de termine the issue fairly- a thorough hear ing must be given. Including testimony to determine whether the state officials actually bad assessed the same property as that assessed by the Multnomah County Assessor. In denying the peti tion, he said that his action would per mit the pet'tionera to apply to a court with the proper Jurisdiction. If the Wells-Fargo Company desires a definite determination, it will be neces sary to take it Into the Circuit Court, probably on a petition for a writ to en Join the county from collecting taxes on the property. The stato law provides that property owned by corporations, and which is not used In the conduct of their business. Is to be assessed by the local County As sessors, and only such property as is necessary In the conduct of the business of a corporation shall be assessed by the state and divided among the counties In which the corporation operates. Cse of Property in Issue. Deputy District Attorney Fitzgerald, appearing for the county, called atten tion to this phase of the law aifi denied that the property In question was used for corporate purposes. Attorney Wal lace McCamant. appearing for the com pany, insisted that the property men tioned was all used by the company for its business. . The Multnomah assessments or tlie property of the Wells-Fargo Company which is Involved In the petition denied yesterday is ss follows: Personal prop erty. $Wi: lots H,l and d. In block 210. In CoucTVa Addition, and lots 1 and 3 of block SS, on which the big Wells-Fargo building on Sixth street stands, $518,000. making a total of $K3.335. Mr. McCamant did not Indicate whether tha Wells-Fargo Company would carry Its case Into the Circuit Court. It 1 believed by the company that a thorough examination into the case may bring to light weak points In the law separating the assessment of property used for cor poration purposes from other property. HUSBAND FLEES IV 6HAME Wife Sees Spouse No Slore Arter Ar - rest for Being Drunk. In asking for a divorce yesterday morning from J. T. Wallace. Hannah Wallace told Judge Gantenbeln that her husband had been so ashamed of having become drunk and fined as a result in the Police Court that he had left the city and had never returned to her. The last she had heard of him was to the effect that he was in Seattle. Her divorce was granted. Josephine Mathena received a divorce from Claude Mathena on the grounds of cruelty. She testified that he had been arrested at one rime for trying to flirt wLfh oth r women on the atreet and that he had struck her. Wilhelmlna Zlnk received a divorce from Emll Zink upon evidence that he had driven her and their children from their home at Linnton and had deserted her. A divorce was given to M. E. Suther H nn the grounds of cruel treatment by I Frank Sutherlin. Abe L. Jones received a oivorce irom Cressie Jones on the ground of desertion. Jones testified that his wife had left him ill in bed and had never returned to look after hie welfare. William H. Vincent filed a .suit for divorce yesterday against Anna C. Vin cent, asserting that she deserted him January 25. 1909. , They were married In Chicago, November 18, 1901. Courthouse Notes. Presiding Judge Gantenbeln will call the grand Jury Into aesslon on Tuesday at 11 o'clock. E. C. Shipley filed suit against the Portland Railway. Light & Power Com pany yesterday for $520 for damages he alleges he sustained when a car struck his wagon at Clinton and East Twenty-first streets December 22. M. Ji Denny, who owned the team Shipley was driving at the time, also sued the company yesterday for damages, amounting to $400, for the Injury to the horses. In sentencing two young men for having held up and robbed Louis Eby while he was drunk. Judge Morrow yesterday lamented the necessity of sending: so young men to the peniten tiary. Being impressed with the evi dent regret of Mike Miller, one of the partners In the crime. Judge Morrow sentenced him" to 18 months In the penitentiary and paroled him, while the other guilty man. Dan Dubio, was sentenced to one year in the peniten tiary and not-granted a parole.- Both young men are Austrian end Dubio 1 not able to talk English well. SUICIDE MOURNS LOSS UETTER TO CORONER HINTS AT MOTIVE FOR TAKING POISON. Signs of Suffering Found When Of ficial Responds to Message Telling of Intention. Having deposited a letter so that it would reach the Coroner yesterday morning, Charles C. Gentry, of Taooma, committed suicide at the Foster Hotel, Third and Davis streets, Thursday night, presumably by taking strychnine tablets. Receiving .the letter yesterday morning. Deputy Coroner Dunning went at once to the address given and found the writer lying dead on the floor. From appearances. Gentry came to Portland Bimply for the purpose of kill ing himself. He registered at the Fos ter Hotel on February 14, under the name C. W. Carter. His letter indi cates that he had considered carefully the preparations for the deed. "Upon receipt of this letter," he said, "kindly call at the above hotel and take charge of my body and prepare It for cremation unless advised otherwise. If no advices are received in a few days, you may cast the ashes In the Colum bia River. The loss of one who cannot be replaced is the cause of my down fall." Gentry evidently had suffered great agony In his room after taking the poison. He had fallen upon the bed and then rolled to the floor. None of the poison or its container was found by the Coroner. Gentry apparently had no baggage or clothing except what he wore. He had no money, but in one of the pocket wa a pawn ticket show ing that on the day of his arrival at tk hotel he had secured $2.25 on a raincoat. He was quite well dressed. In his letter to the Coroner he said that he was a member of the Masons, Knights of Pythias and the Modern Woodmen of America,- He directed that news of his death be sent to room 405 Bank of Commerce building. In Tacoma, and assured the Coroner that the ex penses of his cremation would be paid. A telegram was sent yesterday to that address. Gentry was about J years old. While Lying Awake Nights Did.it ever occur to you that coffee might be the cause of wakeful ness? And that many people have obtained sound, refreshing sleep by cutting out the cof fee and using well-made PGSTUM "There's a Reason" Postam Cereal Co., Ltd. Battle Creek, Mich. THE PORTLAND PORTLAND, OR. ETJBOPEAX PLAN MODERN RESTACTtAXT COST O.XE MILLION DOLLARS TTrNmnT fi 1-1 ft tlOllMj OJLn.1 IJ-it SEATTLE 1400,000 Recentlr Bpeat Its Interior. All Furnish In and Appointments New, Modern and Splendid. Headquarters for Portland People. HOTEL OREGON Both Hotels Conducted by MESSRS. 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