DOUBLE ATTACK L Foes Would Invoke Referen dum on Malarkey's Public- Service Commission. CHARTER IN FIGHT, TOO Opponents Aim to Have People Vote at Next Election to Obtain to ral Body Instead of State- ' W ide .Board. Efforts to obtain the referendum as applied to th public utilities bill adopted ncfnllr by the State Legisla ture and the adoption at tba coming rity election of an, amendment to th Portland charter to provide for tha crea tion of a lo-al commliiloa are eald to be contemplated by eneinlea of the new law. The question being asked by many concerns the position of the City of Portland In case the amendment to the charter Is adopted at the coming city erection. Lawyers aare that the state law would prevail In the end and -that no amendment to the city charter eouij nullify the mandatory edicts of the state law. But It was declared by the friends of Dan Keliaaer. who fousht the bill in the Legislature, that he was going ahead with his proposed plan to submit an amendment to the city charter. Step Termed Illegal. "It will be absolutely i:iecal." said Sen ator Malarkey. "The state law will be the law for Portland. It roatteas not what the vote may be. should It be submitted and I do not think that op ponents of the state law would be fool leh enough to submit such an Irregu lar proceeding." C. W. Fulton said that he had not read the law. knew nothing about It and would not like to express an opinion as to the merits of tne measure, until he had examined it. The Malarkey bill provides for tha Ftate Railway Commission to hare cun . trol of the street railways and interur ir(f Jlnes of cities in the state. It pro vides for almost absolute Jurisdiction, and la the power which will Interpret franchises granted to . transportation corporations that operate within the city limit. Home Rale Foes' Basis. The oppcaltiou to the measure bases Its contention on the theory of home rule. It was argued that the people of Port land should have the final ssy as to who should control their streetcar lines. "Wlaconein has for several years suc cessfully and satisfactorily regulated and controlled all public service corporations of every kind In the state by and through a, state commission of three members, one of whom recently was appointed to fill a vacancy upon the United 8tates Interstate Commerce Commission." said Senator Malarkey. "Tha City of Mil waukee In the State of WWsconaln Is much larger than our Portland and Wis. conatn has many cities and towns out side of Milwaukee that are larger tbsa anythirg we have- In Oregon outside of Portland. Larger States Cse IMan. "In like manner all public service cor porations in the state are managed satis factorily and controlled by one state C'nmUslon generally composed of three member In Georgia. Maryland. New Jersey. Oklahoma. Nebraska. North Car olina. Virginia. Vermont and Nevada. All these states, but the last two. are larger than Oregon. There la no more reason for Portland to be exempted from tha Jurisdiction of a stats commission In Or wo a than there waa or la for the leading cities la these other statea to be exempted. The situation In New Tork. which Is sometimes quoted as a precedent tor the Portland Commission, has been misrepresented by some and misquoted by others. The New Tork Legislature divided the stste Into two distrlots and provided separata commis sions for each district. One district embraces New York City and the other district embraces the remainder of the state, bnt both commissions have the power and the preattsa of the entire stste behind them and are co-ordinate and co-operate in their workings. Logic la Attacked. -There was no special reason for tha creation of a separate commission for Greater New York. The commission took over the work of building subways from the Rapid Transit Commission and Incidentally there was given to a Repub lican administration a patronage eon nected with the expenditure ofemilltons of dollars formerly enjoyed by Tam many llalL Regardless of that reason. It Is presumptuous to say that because the City of New Tork with Its .000,9v people has a separate commission, tha City of Portland needs one." WIFE DENIED ADMITTANCE Citizen' Paper May Be Denied Bar ber on Tbat Accoo.nl. Because his wife has a disease of tha eyes and has three times sought In vain for admission to the United State, Agostino Vlntrilla. a barber, may be denied United States eitlsenehtp pa per. Vlntrllla's Is the old. old story of one spouse 'bains; admitted to the United States, and the other being barred because physically unsound. Vlntrilla appeared in the State Cir cuit Court yesterday to secure his second eltlsenshlp paper, bnt because one of his witnesses had not known Mm for fir years, aa required by law, he did not succeed. The fact that Vlntrilla' wife ha sought admission to thl , country, and that It Is larasly t secure her ad mittance that Vlntrilla la seeking pa pers, did not develop at the hearing, but Immigration Inspector Haaard say he na the proof of her attempt t enter th country, once in disguise. If Vlntrilla secures eitlsenshlp papers. Ms wife also becomes a cltlsen. and may come into the country In eplte of th protest of immigration official. It I for thl rsason that Vlntrllla's papers nay be denied. He 1 earning between l and lUS week. It I said. II I a atlv f Italy. Beckaebe, KbemsMtless l I Result from disordered kidneys. Foley Kidney Pills hav helped other. i.y wll help yon. Mrs. J. B. Miller. Lrrarvi. N. " -. ears, "for a long Urns 1 au flared with kldnsy trouble and rhetirratlsm. I had severe backaehea .nVfe.t .11 r'.vlf'-A"''"; PLANNED mo botttes ei "" t backache Is gone eaa wnere i use to li. sink wlt-t rbeumatlo pains I now i'lt.p ln comfort. Foley itj.lney -ill, ""r .a.-l a k. I ea ar f Jb mm" Tf r;:now." sold a drUg,i.u. i MEMBERS OF ELKS' 1912 CONVENTION COMMITTEE WHO ARE HUSTLLNCr SUBSCRIPTION LISTS. 9 r ''1""'MT "lBSl 'M- . I- a- " -"'Xir-Vr"'"'"''''"' , J sr-:-'T i . ": : T'-Vi v " . " , . - 1 T; I l ' J.""7T - - .. ye-. V V K- V"' .: t 'j " X : - I . ' ' j : ..I i -W,rJl FENDER IS FOUGHT Railway Has Not Ordered Ap pliances for Cars. TIME EXPIRES NEXT JULY Official of Company, Safegnard of WTiich Is Aocepted, Blame Power Company for Long Belay, Four Month Needed. Responsibility for dslsy in equipping the air-controlled ears In use on Iba streets of tha city with the Nelson style of renders, as adopted by the City Coun cil last October. Is plsced upon the Port land Railway, Light dt Power Company by F. A. Nelson, vice-president of the American Automatic Fender Company, which manufactures tha Nelson fender. Although th Council' order wa to' place th new fender on all cars having airbrakes on or before July 1. noth ing definite hss been done by either company toward equipping any of the cars. But four months now remain, and Mr. Nelson fears the time I growing too short to comply with th ordinance. In spite of the fact that It requires nearly four month to manufacture the fender, th strset railway company haa not placed a single order, said Mr. Nelson yesterday. . Belay Cp to Company. "Th official of th Portland Railway. Light at Power Company are alone re sponsible for the delay," he continued. The air-fender ordinance was passed by h City Council October 12. was signed by th Msyor October 24 and went Into effect November 24. "The only reason so far advanced for thla refusal Is a ststement to the effect that the fender company refused to make good on the price quoted prorlou to the paseag of the ordinance. "We quoted a special price of W.B each for the Portland fenders after as certaining from the company Itself the number of air fender that would be re quired to equip the system. The price was made on the basis of at least TM fenders. The ord'nsnce requires all air cars to ba equipped with th air-controlled fender. Trial Order Refused. T"V. .mm-mw . . BMWIAliS til btlT 200 fender aa a "trial order at 42.0 each. When w rerusea to sou inai num-w-- . 1--- . K - ah- rerular tirtoe of STi each, th street railway company then appealed to tne t.ny council. uu Council, after full Investigation. Indorsed our position. Other instances of lack of good faith can be cited, la th first place, our company was assured by officials of th street railway company a year ago that it would proceed immediately with th equipment on Its system of whatever fender was legalised by the City Council. Subsequently these officials urged the Council thsf th fender case be settled without further deley. as th company desired to have a legal fender on lu cars. -Furthermore, these aame street rail way officials declared ' to tha City Council that whll they believed th congested a tracts of Portland would mak a projecting fonder Impracticable, they were willing to concede that this particular air-controlled fender waa es pecially suited to interurban cars, and tbat It would b a ucces In InUror ban service. At present they bar be fore the Council an ordinance exempting Interurban ear, from th provUlon of th air-fender ordinance, and we have been requested by official of th Port land Railway, Light sTs Poarer Company not to eppos tha passage of that ordi nance. Fender "Joker Found. -Later their attorney submitted to the City Council an ordinance containing a Joker which would bar eliminated Uia air-controlled fender from about half of the air earg In th city. "frn mora recently their attorney agreed with our attorney to frame an ordinance. That agreement waa violated and a econd ordinance waa prepared by the tret railway people which now la pending before tha City Council. Tha company also has submitted to the City Council an ordinance Intended to elimi nate th airbrake from ear used at the time of the Rnee Festival and base ball rush. Now any person of ordinary I common sense knows that It Is for Just such car aa these, and on Just such oc casions, that aafety appliances, such as airbrake and safety fenders, are needed, if ever. "Our fender Is far from being an ex periment. It Is simply a combination of the airbrake cylinder and the standard projecting fendsr, both of which hav been recognised for 20 year aa safety device, of the highest type. The fendoi Is new. but the working principle Is old. and the device Itself has been Indorsed and approved by the best mechanics snd aafety appliance experts In tha United Slates. In addition to that. It haa been teated thoroughly In more than 10 days' actual passenger service on the streets of Portland, and hss been espe cially designed and constructed for this city. "At present six other cities are wait ing for demonstration of thl air fend er, but In accordance with a promise given to the Mayor and City Council we propoee to remain In Portland until thla subject 1 settled." PLAGUE FUND YET SHALL SENATOR SELLING TRIES TO GET FUNDS FOR CHINESE. One Mm Responds to Chamber of Commerce Call by Giving $10. Donation Are Crged. Out of all of the letter sent out by th Portland Chamber of Commerce to th various persons engaged In the ex porting business and those likely to give something out of their surplus funds for plague and famine-stricken China, on man responded by giving $10. He not only gave the $10 but carried It himself to th sseretary of the Chamber, with th remark that he "was not in business, but felt so sorry for the starving In China, that I feel compelled to band In my donation. Tbat waa several days ago. So far nothing more has been contributed to the Chamber of Commerce. Senator Selling, bearing of tha lethargy In th matter of donations, started out Just as soon as h returned from the state Senate to put some energy In the cam paign. Testerday, he called upon several persons who might b willing to do nate. He started the ball rolling by giving 1100 himself. The next donation waa given by the Corbett eatate. which also was for 1100. E. A. tvyld gave IIS, making a total of 226 which, add ed to th $10 already received, makes a grand total of $23i. It la proposed to secure today com sort of an or ganisation which will produce a suffi cient sum from Portland. "It la a sham that Portland doe not give more." said Mr. Selling, "but I feel sure citizens of Portland will not be backward If they are properly approached. The people who are dying in China are human being and they are entitled to our sympathy Just as roach a any person might be in this country. W hav always been re garded as liberal In Portland. I be lieve that w have responded every time when called upon whr distress was apparent. x "In China there Is a condition which haa no parallel in the world. I believe tbat It 1 our duty to subscribe for the relief of these people. I know that is th way I fseU and I am willing to back It up with my money. That's th reason that I hop Portland will com to th rescue to make the propar howlng. We ought to raise I CO 00. -The boat at .cieattle will sail in a few days and if w rajs this money we can put the flour and the necessi ties of life aboard so they will arrive In Hongkong in 30 or CO day and in time to relieve some of the distress. Acting npon a suggestion In a letter from R. E. Brsy yesterday afternoon. Mayor Simon officially request the Red Cross Society. Salvation Army, the Vol unteer of America and other recognised charitable organization to co-operate In a movement to raise a fund for the relief of famine sufferers in China. He Join with Senator Selling' plan to give $100 to the fund. -I heartily Indorse Senator Selling' proposal to b one of several to con tribuata $100 for tha famine sufferers of China." said the Mayor. "It is the right thing to do. I also request the assist ance of the Red Cross Society of the city, the Balvation Army and other char Itabl eocietles of recognized standing to aid in raising a creditable sum. ss sug gested In a letter which I received from R. E. Bray. W of wealthy Portland should do well by this fund, and I hope immediate action may be had. to tha end that the needy may be relieved." When buying a cough medicine for children bear in mind that Chamber lain's Cough, Remedy Is most effectual for colds, crnup and whooping cough, and that It containa no harmful drug. For sal by ail dealer. EL KS COMMITTEES REPORT BIB CIS Canvass for Entertainment - ,Fund Adds $3265 In Single Day. .-. CAMPAIGN GROWING WARM Chairman Find Many Who Hare Not Vet Reported and Some Dis tricts Not Canvaeaed Kanga roo Court to Bo Invoked. .- Several additional committees of th Elks' 112 campaign reported collec tions amounting to $32f to Treasurer Van Rchuyver. A number of th com mitteemen, when turning in their col lections, announced that they regretted their inability to have Joined in tha canvass aooner. but gave press of busi ness affairs as the excuse. All, bow ever, agreed to busy themselves with the canvas during th early part of this week. The campaign mankgers are confi dent that the money required will be raised, but they are not certain when the complete amount can be announced, because of th failure of a number of committee to make any kind of a report, and of other who have mad but meager or Impartial reports of their soliciting. If all the committee men will get busy and devote one entire day to the canvass "the work can b cleaned up in hort ordej, ac cording to the officials In charge of the Elks' campaign. Henry E. Reed, secretsry of the cam paign committee, yesterday announced that he would Issue notices for a meet ing of the general committee within a few days, and he will request each member to be on hand with a com plete report at that tlmek If h amount ubcrlbed at that time doe not meet requirement, all committees fall ing to turn In complete canvasses will be instructed to work until their re spective districts have been cover-id thoroughly. As an evidence of the failure to cover the district a num ber of persons desiring to contribute to this fund have called up The Ore gonisn asking when they wer to be seen. Th subscription list now ha over $24,000. exclusive of the donation of th Portland lodge, and th committee men who have been lax in their can vassing and who have failed to report progres are likely to face the famous Elks' "kangaroo' court" at the next meeting of the lodge. The holding of these sessions are always fruitful of a great deal of merriment to the mem ber of the order, and all th commit teemen who do not care to be mad the butt of the Joke and the victim of the court fine are warned by the official to get busy with their Hat and mak a report before the next reg ular meeting of th lodge on Thurs day night- The canvas up to date Include th following ubscrlptlon: Previously acknowledged I0'8??'?? Perry C. raves Co JO-'JO tioule Mros... - H. sinshslmer .Sv3 Bush A Lane Piano Co Ellers Music House - 1f2X Lloberlln Lucaa Co i?.'S5 Sn.rman. Clay Co - 2' Graves Music Co. o Hoveadm piano Co 10. oo Wiley P. Allen Co.......... 2S-00 Reed-FYench Piano Mfg. Co jfjj.OO One piano Mfg. Ce j-000 W. H. Lao - 9? Sldnsy 8. Lathrop JO w J. N. Ulalr -? I R R alley ju.w Morcan. KHednar Boyc 11, '?2 Ei. W. Hellman " E. A. Stephens 2J "0 M or. roe Goldstein ? McCants St.wert i'9Si Charles J. Jscobs . . ... -0O Lawyers Abstract T. Co-. 11 00 R.E. mltb w O. Kettenbsch U'SS v c a h k- - JTt.tW vt.fw.tt Cemetery Co o. . 6U.O0 V T fnlM fv Oil Herman Metsser Paltlmore. Lunch Co Casttllan Grtlla E. Horse Co P. L. Thompson B. H. Moore v. R. Johnson W. H. Donahoe Royal Paltery Confectionery. 23.00 as. oo 10.00 80. OO 10.00 53.00 8i.0o 23.00 150.110 10. OO r. . j . rwm iu Oresonian Restaurant L. E. Juston Read Metsgsr The Hof Brau Jobn K. aselster Peerless Cafeteria Oo....... Jos. R. Fults Oninl Zadow 80.00 .... 100.00 .... 30.00 .V.04 85 00 .... 75.00 .... 80 00 s no L- j. tsneu 5 oo Concordia Fire Ins. Co 20.00 Harvsy Wells J 00 Ed evhmldt 10.00 Plur.den a Oreeoberg (10.00 Frtbera Brothers 23.00 Emil Scharht - i5-! F. J. Jonea '. 2-0O M. S. Freeman 25.00 F. E. Manchester. Lyle. Wash..... 2A.no R. L. Ray - :jS' A. J. Brock o Bay Bros r0.00 L. Henrleheea Co 75.00 1. Aronson 60 M) F. bendroth .5222 F. FMedlander 100.00 O. Heitkemper Co lot0O Leffert Bros M O0 Butterfleld Bros 7300 L. W. Benna Co SO.OO Sinclair A Boss 0.00 H. A. Fort es j A. A C. Feldenhelmer 123 00 Mrs. T. Grossman ................ Z0.O0 Fre1 D. Flora "i "0 w. r. Ross a Co lo oo Marx Block 50.00 Jaeser Bros - JO .Ou 8. Mandelshon A Co 23.00 Henry Fleckecateln Co 50.00 E. W. f&peneer 20. 0O Esmond Hotel 2000 Paul Van mdagh 2" 00 Total .. .4j.ess.30 LIND ESCAPESWITH FINE ratrolman Royle'B Trio, Caught Sunday Night, Get Into Court. F. C. Llnd, one of three arrested by Patrolman Royle at Merrill- Hall, late Sunday night, escaped with a fine of $15 In Municipal Court yesterday, whll his companions wer assessed $10. Royle attempted to arrest O. Erlckson, who was drunk and disor derly, and Llnd and Herman Somber, an employe of Marx & Bloch, inter fered. When placed under arrest, Llnd refused to go in the patrol wagon and demanded to be allowed to ride to the station in his automobile. Royle was obdurate and compelled the Influential citizen to take his place in the wagon. JLlnd waa dispose! to appeal .the case, but when he found that in that event the fine would be Increased to $50, decided to accept the lower pen alty. FESTIVAL CANVASS BEGINS Eart Side Plan to Excel Display at Last Celebration. Committees from the East Sid Busi ness Men Club will start canvassing for funds today to carry out th part the East Side Is to take in the Rose Festival. The territory nas Deen oa vided into three districts East Burn, side. East Morrison and Hawthorne avenue. H. R. Oellnsky. Louis Gevurta and W. H. MoMonloe form th com mittee to look after the East Burn, side district and C. A. Blgelow, H. A. Calef nd C. C. Hall for the central or East Morrison district. The commit tee for the Hawthorne district has not yet been appointed and that part may be assigned to th East Morrison com mittee. Last year $1400 wss raised for the East Bide display, and nearly all the fund was used In paying for decora tions, building the stands on Grand avenue, for premiums and drilling children for the parade. On day of the Festival will be as signed to th East Side in the week. Some of th features of last year on Grand avenue will be retained this year, but enlarged and changed. Th general plans for the day will be taken up at the next meeting of the club, when a committee of arrangements will be appointed. itnitRAmaii Csmn Ka. 77. Woodmen of the World, with a membership of nearly zvuo, win saai&i s w . ... plans. J. O. Wilson, clerk of the lodge, said that he was confident that the camp will lend ltf aid in making the East Side feature one of the most im portant in the Festival. TOURIST TRAVEL SOUGHT CAXADIAX PACIFIC TO ROUTE FROM CALIFORNIA. Railway Seek Large Part of Busi ness and Will Give All Stop overs) in Portland. To rout thousands of California tour ist through Portland into Canada la the elaborate echeroe that C. B. Foster, gen eral passenger agent of the Canadian Pacific Railway, who wss in the city yesterday, haa in mind and which ha hopes to work out on a trip to the southern state for which he tartd last night. Thl la the first attempt the Canadian Pacific hss made actively to engage In the tourist trsde out of California. "Whatever success we have in the matter," said Mr. Foster, will be shared by Portland, as this city la the gateway that lead from California to th great Northwest and to Canada. We tried It In an experimental way last year and were well pleased with the results. We had but one train out of California, yet everyone went home well pleased end we have heard many Inquiries from th same source this year. "Thl ha made ue determined to en gage more extensively In this class of business, exchanging with the Southern Pacific In thla city In handling it north and south. "All our schedules will be so arranged that our paseengera will be allowed a stopover of a day or two In Portland." Mr. Foster reports excellent results from the Canadian Paclne's immigration methoda practiced in Western Canada plaelng settlerai upon "rady-mado" farm-. Th railroad clears a piece of land, builds a house and barn, stocks It and supplies it with Implement, and put It out in its first year of grain. The colontets are given about ton years In which to pay for the land and the 1m provementa. Most of this kind of land la under irrigation and I of big valu from th Btart. It attract a dslrable class of immigrant from England, Eastern Canada and Eastern and Central United States. There wan a great Increase last year, reported Mr. Foster, of the number of colonist from the Eatern Canadian province snd from certain parts of the United State to th southwestern provin ces. A great rush already baa started that year. Canadian people have acquired the habit of spending a part of each Winter along the Paciflo Coaat of the United Statea. Many of them coma to Portland to remain all Winter, returning to their own homes for the more agreeabla weather of the Summer. Mr. Foster waa accompanied on- hi trip to Portland by H. W. Brodie. general passenger agent with headquarters at Vancouver, and R. G. McNeillle, district passenger agent at Calgary. ANDREW J. FREEMAN DEAD Victim of Grip Succumbs When Re covery Seems Near. Andew J. Freeman, formerly in the dairy business in' East Portland, died at bis home, 7S6 Gantenbeln avenue, at noon yesterday. He had Just recovered from an attack of grip, and had a sink ing spell at noon. He had been suffer ing for several years with Bright' dixease. Mr Freeman waa well-known in Port land, having been in the dairy business in Highland, Just east of Beech street, before the section was built up. He retired in the SO'. He waa born at Vicksburg, Miss., May 21, 1842, and came across the plains in 1865. He spent about two years at tbe mines in the Boise Basin, and then came to Oregon. He settled first on Suavle's Island, moving then to Portland. He married Mis Julia A. Morgan, January $, 1870. He I survived by the widow, three sons and a daughter, Mrs. Mary F. Richardson of Coeur d' Alene Place, near Los Angeles, Cal. The sons are Wil liam M., Edward B.and Franklin A. The latter is assistant oashler of the Lumbermen! National Bank. EAST SIDE DEPOT URGED Business Men Ask General Manager O'Brien for Freight Station. The East Side Business Men's Club has taken up the subject of obtaining a freight depot for the East Side, but definite plans will not be made before tha return of General Manager O'Brien, of the O.-W. R. & N. Company. A letter was addressed to Mr. O'Brien last week, setting forth the need of freight facilities for the warehouse district. C. G. Sutherland, assistant manager. In reply, said Mr. O'Brien will no doubt take up negotiations for the freight depot on his return. , Warner Iorrs, president of th club, has gone over the ground and urges speedy action. He will call a special meeting: of the East Sid Business Men's Club to consider the subject aa soon as Mr. O'Brien returns to Port land. Elgin Jeweler Weds Miss Tfeck. ELGIN, Or., Fob. . (Sped al. Another couple became1 the victims of cupid; thla tlm Levi Parka, an Elgin Jewefer, mar ried Miss Mattie Yeck, the wedding taking place February 6. PNEUMONIA FOLLOWS A COLD But never follows th use of Foley's Honey and Tar, which checks th cough and expels the cold. M. Stock well, Hannibal. Mo, says, "It beats all the remedies I ever used. I contracted; a bed cold and cough and was threat ened with pneumonia. One bottle of Foley's Honey and Tar completely cured me." No opiates. Just a reliable household medicine. Sold by all drug gist. . l- gS.ir; ,,, . w l.lts,lla,.ii .1 , ALli nl . iarl-"..inl " 'I Makes Home Baldug Easy Royal Baking Powder helps the housewife to produce at home, quickly and economically, fine and tasty cake, hot biscuit, puddings, the frosted layer cake, crisp cookies, crullers, crusts and muffins, fresh, clean, tasty and wholesome, with which the ready-made food found at the shop? or grocery does not com pare. Royal is the greatest of hake-day helps. E.OTAI, COOK BOOK 800 RECEIPTS FREE Send Name and Address sovm. e"a kww co. mtw vos. HELD FAULTY City May Not Enforce Vehicle Tax Ordinance. .. COURT POSTPONES HEARING Examination to Be) Made for Alleged V electa and it Found Actions Will Be Dismissed and New Measure Framed. Flaw alleged to be in the new -vehicle tax ordinance, which the Coun cil recently passed, caused Deputy City Attorney Benbow, representing the city, yesterday to ask Judge Gantenbeln to suspend the hearing of the injunction case against th city until today, to permit him more carefully to study the . , T2&n.Mm . .vnlalnAH trt the UK. Jul. aj. ii u vy .. .- ,...---. 9 that Ka urnuM not -n On With the case In the race or tne eviaent. uawa m the ordinance, unless he rouna mat they had been misstated to the court. The sentiment expressed by Mr. Ben bow was to the effect that the city would probably give up proceedings in the case against It, and would pass a nri r, a with thA f1aWn rftlTlOVed. This is the third time that the city has tried to enforce a vehicle ordinance, and from Mr. Benbow's statement yes terday it is quite certain that he is of the opinion the latest ordinance is Just as invalid as those which have preceded it. Grocers objecting to th ordinance passed previous to the one now in liti gation, brought ult to keep the city from enforcing it. and took the cae to the State Supreme Court. It was de cided by th Supreme Court that the ordinance was not valid, as it failed to tax certain vehicles used on streets. It was the Intention of the city to pass an ordinance that would correct the weak points found by the Supreme Court In the previous law. but Mr. Benbow ex plained to the court that after be had prepared the ordinance so It would con form with the requirements of the Su preme Court, it had been changed by some on else. Attorney E. R. Ringo, representing a large number of person opposing the new ordinance, called attention to the weak points in the law when the case waa being heard yesterday. He ahowed that the new law omitted automobiles, which it had been held were licensed under tha provisions of another ordi nance, but Mr. Ringo pointed out that the license of automobiles consisted of but tl and was not in proportion to the other vehicles that used the streets. At this point, Mr. Benbow interposed and said that h believed that if the ordinance was as represented the city would not try to enforce it, and he asked for a postponement of the case until this morning, that he might have time to familiarize himself with the relative fees charged for automobiles and the fees provided in the new ordi nance for other vehicles. "It is not the intention of the city," said Mr. Benbow, addressing Judge Gantenbeln. "to be partial in charging fees, for the city is not going to im pose a greater burden on some people than on others, and if the conditions are as represented, we will withdraw the ordinance and frame a new one. This matter has been decided once by the Supreme Court, and we are not anxious to go to the expense of defending a weak ordinance which would lose in the higher court." Although the court has made no order to restrain the city from enforcing the new ordinance. It has been agreed on the part of the city that It provUion should not be enforced until the court renders a decision. PERMIT MISTAKES FOB KXOT. Couple Blarried at Once, Learning Error After Six Months. Believing that a marriage license was a marriage certificate and that they were lawfully married when the license was Issued. Michael Calabrls and Llvi Antoniola lived together since August 19, 1J10. until they discovered yester day tbat they were not married. They hurried at once to the Courthouse to make inquiries, and were advised to get married immediately. Judge Clee ton performed the ceremony. "Since I have been in this office," said County Clerk Fields yesterday, "there have been about BO couples who have made the mistake of thinking that the marriage license was a certificate, and it was for that reason that I went before the Legislature and asked that a bill be passed requiring all County Clerks to endeavor to find what has become of all licenses not returned to them within 30 days after being issued. "I am glad that the Legislature has passed the bill, for It will tend to pre vent mistakes of this nature. This couple Coming here today, previously living together under the assumption w ?7.'--ril that they were married, show what good can be done to search for missing licenses. I have been doing this con stantly, although the law did not re quire it. Had these person not re ceived a letter from my office asking why their license wa not returned they might have lived together for year and left property interest In a tangle, and the injustice to their off prlng would have been lamentable." NIXTH HCSB.WD RESPONDS Indian Denies Tbat He Married Wo man Only" for Money. Nicholas Ghangraw, the ninth husband of Ellen Ghangraw, who lo suing for divorce. Bled an affidavit in his own be half yesterday, denying that he had de serted her or that he had married her for her money. Both are Indiana, former ly of the Umatilla reservation. In concluding his affidavit, Ghangraw enveara "that I have no money; that I have been ill for the last two weeket and am still suffering and unable to do a day's work. That the plaintiff can do with her property whatever she pleases, that Is ber business, but she Is my wife. "I married her In good faith, and I don't think the court should be Imposed upon by persons bringing divorce pro ceedings who have no Just cause to present for the consideration of the court, nor do I believe that the plaintiff at her age should be applying for a divorce. That 1 provided for the plaintiff to the beet of my ability while we lived to gether, and I left wood for the plaintiff when I went away." FENCES TO BE REPROVED Permanent Injunction Forbids Bot tling Government Range. William Jones and the Harney Valley Development Company consented in. Federal Court yesterday mornlog that Judge Bean sign an Injunction forever restraining them from erecting or maintaining fences about the public range In Harney County. With the signing of this injunction all the auits against Jonos and the company are finally disposed of. The stock barons from whom Jones and the development company secured their land, had UBed a rimrock and a circle of 40-acre tracts to enclose 83, 000 acres of Government range. Upon these tracts they had erected a fence. The Government brought both crimi nal actions and civil suits to havo tbo fence torn down. tVilllara Hanley was convicted in the lower courts, but the United. States Circuit Court of Ap peals recently reversed the decision on the ground that Judge Wolverton's in structions to the Jury were In one point illegal. Jones was convicted and fined $500 and costs. Jones represented that the fences have now been abated, and when he and the company consented to the re straining order United States District Attorney McCourt consented to allow the case to rest. If the Government land is acquired by the defendants in the suits the injunction is to be dis solved. SCALES BROKE OUT ALL OVER HER BODY Scalp Affected, Hair Began to Fall. Hands So Disfigured She Had to Wear Gloves All the Time. Two Hospitals Unable to Assure Cure. First Applicatfon of Cuticura Soap and Ointment Allayed Itching. Psoriasis Has Disappeared. "Allow me to say a few words in praise of the Cuticura Remedies. About three years ago, I was affected by white scales on my knees and elbows. I consulted a doctor who treated me for ringworm. I saw no change and consulted a specialist and he claimed I had psoriasis. I continued treat ments under him for about six months until I saw scales breaking out all over my body save my face. My scalp was affaoted, and my hair began to fall. I then changed doctors to no avail. I went to two hospi tals and each wanted to make a study of the case and seemed unable to cure it or assure me of a cure. I tried several pat ent medicines and was finally advised by a friend who has used Cuticura on her children since their birth, to purchase the Cuticura Remedies. I purchased a cake of Soap, the Ointment and the Resolvent. After the first application, the itching was allayed. "I am still using the Soap and Ointment and now feel tbat none other is good enough for my akin. The psoriasis haa disappeared and I everywhere feel better. My bands were so disfigured before using the Cuti cura Remedies that I had to wear gloves all the time. Now my body and hands are looking fine." (Sirned) Miss Sara Burnett, 2135 Fitiwater St., Philadelphia. Pa.. Sept. 30, '10. Cuticura Soap (26c.) and Cuticura Oint ment (90c.) are sold throughout the world. Send to Potter Drug A Cbem. Corp., sol props., 135 Columbus Ave., Boston, for Ire book on affectians-of tba skin and seals.