THE MOIWINO OREGOyiAy. WEDXESDAY, SEPTEMBER 20, 1911 CITY'S BULL HUN RIGHT IN BALANCE Portland's Water System Seen in Danger in Suit of Mount Hood Line. DEVELOPMENT FIRM SUED Ralhsaj In Attacking Title of W. Cobb Befor Jndj Morrow I In Line to Block Second Pipe If Iwcl'lon If Won. lnrolT.4 In tha suit of the Mount .od Railway Por Company gainst W. B. Cobb and the Kl-rtrlo Ii-vipmfnt Comr-anr. which ha ben rnd!n befora Circuit Jadsre Morrow fsr HToral months, la the rlsht of the City of Portland to appropriate water from Bull Kun for Ita a.cond pipeline '.hlch waa recently completed. It the nit la determined adreraely to the Mount Hood lnt-rssts the murli-ipallty will awaken to find Itself entitled only to the 12.501. 00 callona a day. the rapacity of the old pipeline and cor erel by the clty'a orlKlnal flllnpa on tftat etream, with no rlaht or title to tie Tolume of water that la dlrerted from that etream by the newly-con-atrn'ted conduit. The original ftllnic by the city for tie appropriation of water from Bull Kan tor flomrstlc purpoeee waa 1-sral-Itrd by loglnlatlvs act. This waa taken by citizens a-enerally to perpetuate the crty" rights to a supply of water and no farther thousht waa a;lTen the sub ject until It. Harry Lane became May or In lo&. Shortly after assuming the Mayoralty. It. Lane learned that eereral lndllluale were films: on wa ter rlKhta on the same stream. He uaMit tee City Attorney Immedlate 1 ta prepare the usual flllna- notices ttr Increased appropriations In the name of the city and caused them to be posted on that atreara. only to be Informed a few daya later by the cltr'a I.jral representative that the noticea wre faulty. Other noticea were then posted, but theee. too. proved Inade auate for the purpose. Before the proper leaal noticea could be drafted and posted, films by private persona bad been made corerln all the water ef that stream In of the SI.&00.- rallona Included In the city a ortl nal ftltnars. nil as Oktalawel by Koad Later these flllnits were transferred ta the Mount liooj corporation which. In Its deaitnua with the city, stipulated that the city ehoulj be enUtled to the use of all water from Hull Hun which rulibt be needed for domestic pur- rt,-V?hI'.a I waa Mayor." aald Mr. Lane last nlsht, 1 aoiiKMt to force the Mount Hood line to rellnqulh to the city all of Its rihts to the water In Dull Bun above the city a Intake. I did so for the reason that the city's title to thla water reated. as It rests now. entirely en the aareement between toe city and the Mount Hood company. If at any tirae the Mount Howl company ahould loss or forfeit Ita title, the city at the same time, belne; subsidiary to It. would lose or forfeit all ita rlhts to such water. For the same rsason, I en deavored to- nave Uie preaeot Mayor and members of the City Council force this relinquishment from tha Mount Hood company, but It baa not been done. la the arecte. this city haa rvpended between $1 OO.OOO and $. .0. ' In lnstai:in Ita water system. In.-:u.iln- the completion of the new pipeline." The present controversy between tha Mount Hood company and Mr. Cobb and his ao.-lates dates tom January 13. 10 when Cobb n;ed on water rtahts ..n enJy Hlver below the mouth of Hull Run River, contending that the Mount liood concern f-r ten months in.m.4tfttrlT nreredlns; that date had not performed the development work on Its water rtahta required by law anJ for that reason had lorreitea us rialm under the law to those rights. ObD and his associates oraanlsed the Kiectrto development Company, which has evpended money In development work for tSe purpose of keeptna alive la rthts. Pube.juently. the Mount Hood Company Instituted suit In the ptate Circuit Court asainst Cobb and tha Flectrlc Ievelor.nent Company, eeeklnc to be det-lared absolute owner rf the water rlsrhta in dispute. Tkree Prefects levelled. ' is. resutlns: the suit. Cobb contends tkat too rlKhta claimed b tha Mount Hood Company Include three projecta; tkat tha company's development work haa been carried out on the upper proj ect alone and for that reason Its rights ta the two lower projects have lapsed ncdrr the law. The plaintiff company, tow ever, contends that Ita fll'jiits are protected by tha development .jrork done within the required 1 montha following Its fUlnc-a. 8. B. Huston and Judss M. L. Pipes are attorneys for Mr. Cobb and tha l:iectrlc Iveloimrl Company. Mr. Huston aald yesterday that his clients had expended about elO.000 In develop ment work aa an evidence of stood faith In their water hol.llnsja. Tha s;ravtt of the situation, so far as Port land's watsr r!rhts are concerned, was admitted last niitht by Mr. Huston. -if our contention aa to the posses sion of water rtahta In the Handy River are austalned by the courts, na sa-.o. !t menrs that all the water In Bull with the exception of IJ.S00.OO9 a-allJus dally, covered by the clty'a original f iimes. betone-s to Cobb and Ma associates. Havln been laid since ear f-llrss were nu-l in li. ttie sec- end Bull Run pipe line, owned by tha city. Is taktna- water not Included In the city's flllnca and which properly be Ions a to the Electric J"evelopment Company. If our contentions are enr-vect- -The nhts of Cobb and Ms associ ates to the water on which they have made fl'.tnaa are further protected by trie ownership- of land alcne tha Sandy lr tha dlstrl.-t coverej by our filings of January. 10 ITven ir our ricnts to the water In Bull Kun are not eue- t.in.,4 by the courts, there la a sen ras question In my mind whether tha Mount Hoed Company can continue, un er Its aareement. to permit the city to a-Brocrlate a aufriclent supply of wa ter for Its second pipeline. In evcesa rf that to which the city is entities fee it. fl'.lncs. when the increased ap propriation will operate to the Injury of riparian rlahts held by Cobb and hte as-oclates on the Sandy. Into which tie depleted waters of Bull Bun empty. DesBwrree Peetetoe Awaited. f ntll the demurrer pendlnf before Jalge Morrow has been decided, we srta not determine our attitude towards ih. rite and Its rights." It Is evldt nt from tha position Cobb's rounsel takes, there Is prospect for litigation before the rlirht of tSa city to supply Its second pipeline with water t-n-r, Hull Run can be determined le as y If Cobt and hte aaeocsatea win Jot' aver tha Mount Hood Company In tie court, tia mualdpailtj wUl tavs to deal with Cobb and tha Electric De velopment Company for Ita Increased and neceasary water aupply. If the Monnt Hood Company comes out -victor, the city will have to fight for thla wa ter aupply anyway, aa Cobb and tale aeaocLatee will doubtless Interpose ob jections as riparian owners to tha ap propriation of mora water by the city, regardless of Its agreement with the Mount Hood Company, than Is actually covered by the original water filing by tha municipality. ' MORE RESORTS RAIDED Police Arrest Doaen Women nd Men In Various Placea. Continued activity of 'tha police to raiding disorderly houses brought In mates of a dosen of tha amaller places Into tha police atatlon yesterday on general charge of vagrancy. . . lilnnle tiperi tnu " " - -. .l . - -.-ted vester- Ile X'avis eirvvi. ww.w - day by Sergeant Burke and Patrolman Hanson. Eva Horton we. ........ Patrolmen Bewley and Henson at IiJMi Bumslde street. In' company with lieorge Sthenken. who was charged born and Elnor Gordon. Inmatea of ..... i ...... .... arrested by sergeant RUey. with J. J. Martin, who waa charged wnn visiwus Julo George, allaa Madge Joy. waa ar rested at Front and Madison atreet by Sergeant Oelsner and Patrolman fevert. Mary Loop was t ,a y street .uu ... .. " - - Clay street yesterday. Patrolmen : . ... . w hAth ar- Kaner ana view... . . i . citt.an was arrested at Second and Everett atreets by Patrol men Uewiey ana nou.u". - - - -- .- ... u.lt.nn mnA HllUQ LedlC. St ITS Davis street. Patrolmen Baney and Stewart arrested nose . i and Christina Fleming at ilfm Flanders street. Goldte Wilson waa arresiea . . . . . . w B....ni ()iinir and Alain tir" m w.. patrolman Evert, who have been scour ing the Soota End. MAN KILLED SAVING DOG SI. A. Tucker Throws Pet Off Track and Is, Kan IKrwn by Train. i . Tnrk.r. seed 6S years, was killed last night by an Oswego local Southern Paclflo train while trying- to save his fox terrier. Foxy, aa It waa In the path' of tha locomotive and waa too frightened to run out of the way. He threw the dog to one aide down an w. -..-. v.... waa himself -struck by the train and killed Instantly. Tucker ana nis u.j- Charlie, living at 10 Macadam road, were returning to their home, with their dog. when the train came around the curve at the toot of Curry street. When he saw tha two on the track. Engineer TV. F. Bchellenburg blew tha whistle iwire. . .... ....... .... Ki. father, the boy pushed him off the embankment by the side of tha track, then leaped down himself. Tucker saw that tha dog. frightened and whimpering, waa still on the track and climbed up again to get It- Just as he Tung It down the embankment, tha train struck him. NATIONAL BODY. JOINED inert riclana Form Section of Light Aseoclatlon of America . - . .i.-a i.. r rh. National roru.nu ' v - . . ....i.tin at Amer-- civcino ... . " . lea waa formed last night tn the aa- sembry hall ef tha Electrio Duuamg j 100 persons engaged la the electric lighting industry of this city. T. Com merford Martin, secretary of the Na tional association, from Nsw Tork. in .. .. present In the procedure to acquire membership. He also spoke of hte association and experience; with Thomaa A. Edison, in. lov.u.v.. For two yeara or more Mr. Martin worked aide by aide with Edison In his shops at Orange. N. J- l" the ex- .. ki .are balnsr conducted In connection with his great work. The meeting- resultea in tne cni . O R. OoldwelL superintended or me light and power department ef the Portland Railway, ugm m " pany. as temporary president of tha new organisation, and W. Hamilton aa secretary. BLIND MAN F0UND GUILTY Court Stays Sentence Agnlnat fn- llcensed Practitioner. . i- iv. i at f doctors recently srreated for practicing without a 11- ... t-.a... a blind t) recti - tlonrr. who haa been conducting a "roltre and cancer imuiun . -. nu aM-art atreet- had a luTT trial before Justice of the Peace OUon In a night eeeslon or ins justice wri last night. Morris ooiasiem .ppe.r . . k . j.f...i.nf .nd the case was prosecuted by Pr. Pamuel Tfhlte. rep resenting the State Medical Board, and Peputy ProeecuUng Attorney Bobert lennlson. Voose eras found iruilty. nut en ac count of his blindness. Judge Olson . n .i n .. . ).. rau indeflnlte- ly. with the strict provision that If other complaints were brought against Voose In future, na wouia m B ' ' r" " fuU penalty for his breach of tha law. FIRM '. FILES STATEMENT Creditor of Vancouver Company to imo Trustees Soon. VANCOUVER. Wash., Sept. II. (Spe cial. A aehedule w as filed In tha court of George B Simpeon, referee to bankruptcy for thla district, by Swank Company today, showing the unse cured claims are lt.61.74. and tha total assets are scheduled at IJI.".70. The Inventory of the mercantile aatab lishment at Ninth and Main streets, is ee-v-- . A meeting of the creditors Is aet for September Is. at which time a irueie. will be named. Lloyd fuBola Is at preeent temporary Beeelver. The firm owea the defunct Commer cial Bank of Vancouver fM.ls5.ll. which waa secured by real estate. As the real estate waa deeded to tha bank mora than four montha before bank ruptcy proceedings were begun, the bank tan hold the property. GEORGE P. CREAMER DIES Attack of Heart Disease Suffered White Waehlng Hands. DALLAS. Or, Sept. it. ( Special V George P. Creamer, of thla city, dial here today of heart dlaease. This morn ing ha went to work aa usual working until noon. While washln- his bands before dinner the attack came and ha fell to the floor. Mr Creamer came to rsjlae about two years ago from Portland. Tha body -will be shipped tomorrow to Franola, Wash., for burial. Mr. CreaJner la survived by his widow. i EOlsXsaa deUvata Al aordsrsei. BIO, ' GUARD OVER SPUN SEIZED By F Twenty-Five Accidents on Burnside Bridge in Month Scare Tender. PLEA FOR HELP IS MADE G. F. For bee. Foreman, Declares Mad Rush of Autos aa Viaduct Closes Cause Collision Dally and Danger Grows Worse. Twenty-nve, more or less, serious ac cidents on tha Burnside bridge In tha last month are attributed to deplorable trafflo conditions, by F. O. Forbes, brldgs foreman. In an appeal for relief made to tha County commissioners yes- , . Vf Vnrhaa aita ha decided to ask for relief after the accident Mon day. In which a boy was hurt, and an other ona yesterday morning. In which a boy en a bicycle was Injured by being run down by an auto truck. He ploturee tha bridge trafflo- aa a mad race between automobiles, streetcars, Mraxi.a wraarana. 'auto trucks and pedestrians, which tha bridge force Is unable to check ana wmcn ne tears will result In mora serious accidents unleaa eondltlona are changed. Tha main trouble comes, saia air. Forbes, "when the draw span Is open for boats and the trafflo becomes con gested at tha two gates. I occupy a lookout over tha bridge, and when I ring the bell for the gatekeepers to -w. . . t hold Tn v breath and look out the window for the results. Every -variety or vehicle wanta 10 um . . . . V. . ..1. 1. all 1. 1 n M of XBV le.U. wuu v " .. .- collisions, blockades and amashups In wnicn u. in. k . i. w - have gathered up some of tha pieces of broken automobllea, and now have In my houoe enough broken parts to con struct a good-slaed auto truck. The vehicles at tha two ends of the bridge. Instead of standing in line on the rlght-naua siae. crowu . . , . . w ( . . . w.ll end make a ine i..i-u ..... -. general blockade of the entire bridge. When the galea are opsuuu inn, -rush for the front. The vehicles on the left-hand side speed In an effort to get ahead of vehlclee on the right-hand and tha result Is a general mlxup In ins center oi am r.w ..u. i - hinv.t. mrtt wedaed In between the rushing traffic yesterday morning and came near being crushed to death. His bicycle was badly smashed and he -waa anocaea un conscious. I did not learn his name. Automobllea In starting up follow along- In line. Buddenly tha leader of the line meeta a vehicle coming the .w ip.tin and ha annllea the emergency brakea. The result la that each Qf tne string si nawiiuM . . iii. . . v. . k . ..hln. In front mm cvuiuvb iv" .... .. .. -. of It. This generally results In broken headlights, una man a lew uri .so, ran Into the auard and wracked his machine. "When It Is raining tha maehlnea akld all over the bridge and causa aool- . . . j 1.1 4- TXT Kaw. k..TI aenia o. Tarwaa "-. - - - - " afraid of aome of tha speedy auto driv ers eataamg inro-ugu ih. .m.w the river. The conditions cannot be regulated by the bridge force. They get so bad . . i .- ih.t w. h.va to call for nollce saslstance and even that faila to bring about gooa result.. iuow ...it. .v w. no bridge rules which we can enforce strictly and that makea our work dou bly hard. I think It la time something Is done to ohange the conditions. We .i. . Ana with th. situation and th drivers of vehlclea apparently . . . .... with tha ao nm can iv . brldae force in providing for the aafety of traffic" LETTERHEAD IS CLEW XJTW. WTSTMIXSTEH. ROBBERS LEAVE TRACE IX ABERDEEX, Trio Ttint Lived Several Months at BoardMng House Snvpected of Looting Canadian Bank. . ni-DnrrV -Waah.. Kent.. 1 1. ( Sp elal A letterhead, bearing the name of Mrs. Nellie C. Reynolds, proprietor - v. - fii n-t.l all Wait Heron street, Aberdeen, found In tha Bank of Montreal building, w Westminster, B. C, on the morning of the robbery of the bank. Is believed to ba the first tangible clew In possession or tne oe-tatt-r.a which mar aid In the appre hension of the robbers. In fact ao Im portant do tha officers consider the Incident that two men are now In the city working on tha ease. xr oavnnia in a statement, re calls the fact that three men who roomed at the Cecil Hotel for several months may poeelbly be concerned In ... . --hharv Th.v did not have any occupation ao far as ah knew except one. who waa Known as i-ercmoiie, . h.a- amniovad at tha Aberdeen General Hospital as fireman. About two montha ago tne men leu sorramu, declaring that they were going to Van couver with the expectation of finding CASCARETS INSURE N31DE CLEANLINESS Te sa Ulto as ef Caeeerex assrra aet have Headache, Coestlpatlow. Bll leasaeee sr Slrk Stosaaeh. . aaaav that VOU 1MD your Bowels, Liver and Stomach clean. pure and rresa man v sewers and drainage of a large city free from obotructlou. . i . I Inalila " i t h I . rvu . .. . - Cascarets or merely forcing a passage- w ay every xew u.j tt0 puis or castor oil? This Is impor tant, Cascarets Immediately cleanse and .... w . . h .amo v. the annr regulate m , nndlgeated and fermenting food and foul gases; iasi u. - - - w.. ..w.m the liver and carry out of the system tha oecomjw.ea wi. u". son m ui . No odd bow badly upset you feel, a Uesosrei m n " . -'---o j out by morning. They work while you aieep. v glst will keep your entire family feel- . . . .Wa . T r ' t rva th ing gooa lor HJVUMI. ' .u..ch . " children their little lnsldes need a COO, (anue w "ia EAR Mortgage Loans Wanted for our Savings Department. Must be secured by at least three times amount of loan and on -well located, im proved and income bear ing properties. MERCHANTS SAVINGS & TRUST COMPANY Capital $150,000.00 W. H. Tear President Willard Case Vice President O. 0. Bortzmeyer Caehier Walter H. Brown, Asst. Oashr. employment or having employment of some sort In mind. While the men were at the Cecil Hotel they were uncommunicative and i ... i ... v.Atv. of tham Mrs. Rav llllio ..".. . nolds said that she was called up by long-distance teiepnono irvm ..cw Westminster last Baturday. undoubted ly by of fleers who were trying to reach her. as to Information she may have about the card. The message was In complete on account of trouble on the line. The same nlsrht. however, aha waa visited by tne aetecuves irum oo attle to whom she Imparted what little she knew about the strangera. It Is tne presumption o wi. uov.w- -I .- .hat tha man WhO Committed the robbery and left the Cecil Hotel letter heal in the nank may bav been the three that made their home here for aeveral months. WOOL RATES EXAMINED CTAH, NEVADA AND IDAHO WIT NESSES AT SALT LAKE. Shipper Asrt That Price Front West to Chicago More Than From Pacific CoaeU . . .v. mTT R.rft 1 S- An in- at" .-... . , . .w i -a.ata Amm.ma vestlfrauon bj commission Into the charges that the rates charged by railroad companies on wool and hldea from the West to the Eastern markets are uniair. waa u un In thla city today by Examiner Prouty. Sheepmen of Litan. laano anu vada will be among the witnesses heard in this city. Following tne hearing, testimony win be taken at Portland. Or., and Phoenix, Aria ... At today's session P. Adams, tramo ' . 1 n'..tni Vmrtftn T4all- manager oi i" " " - - . a. road, explained that the rate of f 1 from tne i-acinc uomx w h.v.isv. - . - .f 1 1 it tram Kevada against a.v v. - - - polnta to Chicago was due to water competition. J. W. Bommerhays. a shipper of wool, said that he could ship wool from Mo dena, Utah, to Los Angeles and thence to Chicago at a rate of Il.6 against a rate of It.Ss by direct route. J. A. Reeves, general freight agent of the Oregon Short Line, was ques- a ... i tha t t tT-T-anra In ratal uunca ..! ' on certain commodities. He explained various points, citing ihl.mv. difference between the rates on wool and bullion shipped East from the Salt No More Hand;::. Writing , i.1 W -A i y a"" M' Both are . eliminated by the Remington Adding and Subtracting Typewriter (VVahl Adding Mechanism) The machine which reduces every operation of writing and calculating to a mechanical labor saving- basis. VISIBLE WRITING Remington . Typewriter Company T. . )Slaiir3. 245 Stark Street. A 3113. t c - .11 r - ?H . ' "X u Ullg o umju. t " o . . L 3 i I and service of exceptionally . high standard at moderate prices. kwlwiiiwiwatM THE RITZ-CARLTON HOTEL CO. Lake Valley. He said that water com petition from Galveston and New Or leans to New Tork produced the lower rate on Bullion and added that bullion shipments are more compact and less trouble to handle. CASE HEARD OH APPEAL Appellate) Court Takes rp Suit of H. L. Plttock Against Lessees. The case of H. Ia Pittock and Georglana Plttock against J. Whyte Evans and W. D. Wood, which was de cided In Mr. Plttock's favor by a Jury last January, came up for hearing on appeal before the United States Circuit Court of Appeals In Portland yester day. After hearing the legal points in this case, the court adjourned for the term. It will convene In San Fran cisco October 2. Evans leased the Plttock property, bounded by Washington. Stark. West Park and Tenth streets, and assigned the lease, to Wood. He failed. It was alleged, to pay the rent or to construct a building to cost $500,000, according to contract. The Jury's verdict was No More J V- Head Calculating-. asssssswaisssssssss I Illustrated booklet V tent oa request VISIBLE A D D I NG fflEfc ,V.7,, F JJli, l r I. - --.J''- lI - , Waw :a-sm.r ivae- - -I aaa-.,. I lP IU St h .. "The Ritz-Carlton of the Northwest" offers to the discriminating; traveler the assurance of un excelled service, comfort and convenience at the lowest rate compatible with their excellence. Absolutely Fireproof. 200 Rooms, 120 Bathrooms. Reinforced Concrete Building. Every room Faces the btreet. Superbly Furnished and Appointed. Rooms with detached bath $1.00 Up Rooms with private bath $2.00 Up Two-room auite with private bath $3.50 Up . Additional person in room - $1.00 A LIMITED NUMBER OF ROOMS' AND SUITES RESERV ED FOR GUESTS ON A MONTHLY RENTAL BASIS. HOTEL CARLTON RESTAURANT Jin nit nWn nf rhtmitv and eieeance Fourteenth. Washington and Burnside Streets, Portland. Or. for $81,445.83. and attorneys' fees, amounting- to $407.22. The litigation has been In progress since October, 1909. when Mr. Plttock's suit was brought to cancel the lease because the rent was long- overdue, and the lease had not been complied with i GRAND CELEBRATION SPECIAL RATES SPECIAL TRAIN TO GRAY'S HARBOR (Aberdeen and Hoquiam) Saturday, September 23 Event is to celebrate the completion of the O.-W. R. & N. LINE Into Aberdeen and Hoquiam. Business men and citizens of Grays Harbor cities have in vited the Portland Commercial Club, Portland business men and citizens to accompany special train party to Grays Harbor. O.-W. R. & N. HAS MADE SPECIAL RATE: Portland to Hoquiam and return, $6.15. September 23d, limit September 25th. Proportionate rates from other citieB. Special train will leave Portland 7:45 A. M., arriving at Grays Harbor for lunch, and returning will leave Grays Har bor at 5 :30 P. M., arriving Portland at 11 P. M. Join a Live Bunch and Visit Two Live Cities O.-W. R. & N. . (LINE OF THE SHASTA LIMITED) All Trains Arrive and Depart from "Union Depot, foot of Sixth Street. City Ticket Office corner Third and Washington Streets. ' 0. W. STENGEB, City Ticket Agent. Telephones: Private Exchange 1, Home A-6121. W. D. SKINNER, General Freight and Passenger Agent, L'li ! A. J. Winters Co., Agents 67 Sixth Street. Portland, Or. Note Put a Pennsylvania Vacuum Cup Tire on your wheel opposite any other make. - LaL JT his! wun a cuisine G. C. LARM, Manager. In other particulars. Another suit was brought to recover the amount of the rent. The sold production of the: Philippine Islands has Increased from practically noth ing; In 19P3 to almost wj.v ltT V ssssssl I 4000 MILES SAFE GOING GUARANTEED Pennsylvania Vacum Cup Tires Are Guaranteed NOT TO SKID The best tires for wet and slippery streets and muddy roads. It is not necessary to use Anti-Skid. Chains with .Vacuum Cup Tires.