5BE BUSES .OEEOl73m, J'OETLAKD, 'APRII . .30, 1905, " ' 1 . .t . Nil MILES OF RAILS M TIES it some worthless alleged town lots lo cated near Portland, at the time stating that the defendant was in 'knowledge of the fraud when he entered Into "the deal. Upon appeal before Judges Morrow. Gil bert and Ross, of the Court of Appeals, the decision of Judge Bellinger was af firmed. TO THE LAW FROM EQUITY Portage Road Makes for the jhoroughfare of the vOpen River. OUTLET TO INLAND EMPIRE Wnatthe Completion of the Road From The Dalles to 'Celllo Now ' 43feans to the State or Oregon. . "Nine milc3 of rails and tics and a stretch of more than 500 miles is open to river navigation. The wonder of It Is that the people have been eo long in realizing the necessity of that nine miles of track and its great Value to the three states of the Pacific Northwest" This remark, made by a member of the party which Inspected the Celllo Portage Road last week. Is true In every sense. The completion of the Cascade Locks left but One obstruction to uninterrupted nav igation on the Columbia River that occa sioned by the Celllo Falls and the dalles. "With this Impassable waterway as an ob struction to the full development of the great basin drained by one of America's greatest rivers, the richness of the North west region, while realized, received but little more than passive attention for years. There were those, however, in later years, who refused to remain passive towards the development of this latent wealth, and today the opening up of the Northwest is assured. Nine miles of track, laid and equipped by the state, and without noise, has in sured the open river on the Columbia. Without its construction, or at least the promise of such, it is not improbable that the Government would have refused to expend 54,000.000 in the establishment of a permanent free waterway around this ob struction by means of the Celllo Canal. It is entirely due to the efforts and the pledges of the State of Oregon that the Government will build the canal. To the persistent efforts of the Open River Association Is due the beginning of the Portage Road, and the fact that fhe road has been built in a manner creditable to the state is the outcome of vigilance and buelness methods of the State Postage Railway Commission. Many intricate problems and situations have been met with and overcome in the construction of the road. Not the least of these difficulties was the securing of the right of way. With the O. R. & N. Rail? road on one side and the Government ca nal right of way on the other, in many places not leaving sufficient space for the conetructlon of the Portage Road, the task set before the commission wap no easy one. With patient and persistent work, aided by the friends of the move ment, here and there, the O. R. & N. tracks were set to one side, this and that place socured and now the Portage Road has squirmed" its way through from Big Eddy to Celllo, and. with Its terminal in clines, will in but a few days drop its cars to the water's edge and transfer the cargo from one boat past the falls to another. The road, built within its estimated cost. Is a substantial one. Composed of trestle and solid foundation. It has a. rock bot tom practically throughout Its entire length. Its equipment of one engine and 19 cars, eight flats, four boxes, six stock cars and one combination coach, the "Ce lllo," will enable it to take care of all traffic on the river.- Aside from the furnishing of Immediate relief to the river commerce and Interior country, the road will materially aid in the construction of the Government canal. Since it parallels the right of way for the latter, it will be able to place materials and supplies at any point on the canal. Now the Portage Road is practically completed, those interested in Oregon's development are turning towards railroad extension. The necessity for this is well stated by Governor Chamberlain, State Treasurer Moore and J. N. Teal. WHAT PORTAGE ROAD MEANS It Will Awaken Oregon to Necessity of Other Railways. .By George E. Chamberlain. Governor. The Portage Railway "will not only open, but assist in the development, of a vast area of country in Oregon. Washington and Idaho. Hundreds of thousands of acres drained by the Co lumbia and Snake Rivers will double, if not quadruple, in value, and besides, the immense crops of grain, hay and fruit produced in those regions will return to the producer a value en hanced by the difference between the present cost of transportation and that insured by the opening up of the Co lumbia River. Nor is this all. The -vast wool-clip and livestock of this rich section will And a better and more remunerative market, and production in all of these lines, as well as in all kinds of mining, will be greatly stimu lated by reason of a decreased trans portation charge to the open market. A glance at any railroad map of Ore gon and Washington and a trip up the Columbia River, over and along the es tablished Portage Railway, forcibly suggests two things to the lay mind: First, why has this great waterway been so long neglected by the people of the states most Interested in the de velopment of its commercial posslbil Itles? It se.ems to me that the oppor tunity for developing the rich Interior country by the simple process of re moving or overcoming obstruction to navigation should not have been so long overlooked. It may be that the reason for this neglect has been oc casioned by the fact that this region. or at least the developed section of our neighborhood, is naturally so rich that the people have been content to rest with the blessings which a bountiful Providence has bestowed upon them. They seemingly in the past have not cared to reach out and make their homes states of greater possibilities, The time is now at hand, however. when these great Northwestern states will not be satisfied with present con dltions. but will strive earnestly for creatcr and better things. The opening of the Columbia to commerce is but history repeating It self. It is a well-known fact that an oDen waterway is the greatest regu lator of freights and fares, and the irreatest aid to commercial and Indus trial development in the world, and that in every country the people who can boast of unobstructed 'navigation to 'the oceanrcarrylng trade are as sured of an always rapid increase In population ana growth in industrial and productive enterprise. The opening up of the Upper Colum bia River cannot fail to be of lnestim able value to the Northwestern states hut will also prove a benefit to every man, woman and child, since it will develOD the riches of the country. The second suggestion is: Look at the condition of Oregon as disclosed by the railway maps. One railroad enters the state at me norineast cor SCENES ON THE STATE PORTAGE RAILWAY- ENGINE NO. L This engine, now undergoing its Inspection, and expected to be used on the portage railway, is of the mogul type and is guaranteed, to haul 325 tons on a 1 1-3 per cent grade. It is being used at present in the construction of the road, and has as Its engineer P. H. Manion, who represents the builders. LOWER TERMINAL AND INCLINE AT BIG EDDY. At the lower terminus of the portage road the incline to the water level Is such that cargoes will have to be transferred from boats to the railroad by means of small cars hoisted and lowered by a donkey ongine. The barge shown to the left of the incline Is the wharfboat, now under con struction, which will be used for the storage of freight from boats which arrive during the absence of cars. It will be the purpose to transfer cargoes from the boats direct to the cars, but in the absence of the latter the wharfboats will be utilized. This wharfboat in its present position marks the exact entrance to the proposed Government canal. THE LAST CUT. With but a distance of about 50 feet to cut through, he grading for the portage road will be completed. THE INSPECTING PARTY. The State Portage Railway Commission, representatives of the Open River Asso ciation and engineers in charge of construction on their recent inspection tour. UPPER TERMINAL AT CELILO. This terminus enters the Columbia immediately above Celllo Falls. The grade at this end is such that the cars will be run alongside of the boats. To the right is shown the upper wharf boat, the engine roundhouse and coal shed. ner, runs across it from east to west, strikes the Columbia at Umatilla and parallels the river to Portland. An other road enters the state at the southwest corner, and. running north, parallels the Willamette River, and forms a junction with the other road at Portland; and these-roads practic ally and to all intents and purposes are under one management. The question that naturally arises is, what has or is being done by this or these great corporations for the benefit and devel opment of the rest of the state? Abso lutely nothing. Knowing full well that the mountain could not go to Ma homet and that therefore Mahomet had to go to the mountain, the magnificent territory of the central and southeast ern portion of the state Is being neg lected. No apparent effort is being made to tap the rich resources of these sections, with the result that the peo ple are compelled, to freight their produce to market by means of. the primitive methods in vogue prior to the era of railroad construction. In the past 22 years the O. R. & N. Co. has built only two short branch lines, aggregating about 70 miles, one running out to Heppner and the other to Elgin. The few other lines tapping the main line of the O. R. & N. in East ern Oregon have been built by private and independent enterprise and capital, excepting, however, the Condon branch, now nearing completion. Very naturally, the people of the In land Empire are beginning to clamor for relief from present conditions, and in all probability if the railroad com panies most vitally interested do not heed the plainly given signs and the necessity for such relief, the people themselves will inaugurate the move ment which will relieve them from an oppressive situation. The companies which have interested themselves In the development of the transportation facilities of Washington are constantly pushing out into the new sections with an extension of their branches in every direction, and their example is worthy of emulation by the companies which control a monopoly of transportation as well as territory in Oregon. But look at the .western portion of the state. The Southern Pacific has not extendod a single branch line. to tap the rich, territory awaiting dev.'el ppment along the western" Elopes of the" Coast mountains. - The western por tions of Coos, Curry, Douglas, Lane, Tillamook and Clatsop Counties, al though rich In timber, minerals and other products, are practically unde veloped because of. the lack of trans portation facilities, and if the great systems now operating in Oregon would but extend their lines into those sections, it would result in greatly en hancing the wealth of the state as well as increasing the revenues of the com panies. The people of Coos, Curry and Tilla mook Counties are compelled to look to San Francisco markets and to the uncertain coastwise steamers for the carryinjg on of a rapidly growing trade. Again looking at the railroad map of Washington, it will be seen that a number of branch lines have been ex tended to deep water by the companies operating there, with the result that cities are growing at every harbor, and our own state is being outdistanced In the race for population and wealth. A new spirit is abroad among the people, however, and the signs of the times indicate that the people are growing restive under present op pressive conditions. Something ought to and in all probability will be done in the very near future to bring about a readier means of reaching the unde veloped but wealthy portions of the State of Oregon. How can the Port land jobbers expect to maintain and expand their trade unless the interior of this state and the Coast counties, all of which would . be tributary to Portland under proper conditions, are made easily accessible to this market? The people of Portland are but waking up to this fact, and when these sec tions are reached they will be sur prised at the rapidity with which Port land will advance in wealth and manu facturing enterprise and the state in population. TRANSPORTATION THE NEED It Is the Ono Great Essential to Ore gon's Prosperity. By J. NTTeal. of Open River Association. Transportation Is the one great essential for the development " of this, state and .city. Our natural advantages and pro ductiveness Is known on every hand, but without transportation facilities no great results can flow therefrom. The opening up and use of our natural water highways will regulate tariff and will Inevitably draw the trade along the line of least resistance to the sea. But the Interior and coast regions must be furnished with transportation facilities or their wealth is but a huge mine burled In the ground. If the people of this city would but take tho time to consider what an extension of railroad facilities would mean to them in increased trade, popula tion and wealth, it would not be for long that It could be said that four-fifths of our state is still in its natural, unim proved condition, served for freight by the six-horse team and for passengers by the primitive buckboard. RELIEF TO BIG TRAFFIC. Reduced Freight Rates to and From Interior Will Follow. By Charles S. Moore, State Treasurer. With the opening of the portage road will come a great Tellef in the way of a reduced freight rate and better transportation fa- cHlties to a large number of producers in Sherman. Gilliam. Morrow and Umatilla Counties in Oregon, as well as a large district in Washington and Idaho, and will result in a greater development of these sections, but what Oregon mostly needs now is the extension of railroad lines similar to the Great Southern, Co lumbia Southern and Corvallls & East ern, Into the central and southeastern portions of the state. Such extensions are necessary for the development and opening up of that vast section and the full utilization of its lumbering and agri cultural possibilities. Irrigation is now making that country (the largest area in the United States without a railroad) ready for development, but this can never be fully accomplished without transporta tion facilities. It is to be hoped that .the railroad companies which ought to fur nish this transportation will very shortly realize their duty and cease to neglect it. He The closer a man gets to Nature the happier lio lc She Tou didn't say that when, you felL down on the Icy pavement the other day. Yonkers Statesman. 'isscy AT tfesfjf EN LOMBARD PAY! Satisfies Judgment of Uncle Whom He Defrauded. FIGURED .IN OTHER SUITS Gained Notoriety in Action Brought by n Minor Son of Gcorgo A. Iia Dow,, Who Recovered Against 'Him. The end of the suit brought in Judge Sears' Court some time ago by Gay Lom bard to recover $1250 of which he had been defrauded by his nephew, B. M. Lombard, in a real estate deal, came suddenly yes terday when the defendant, grown tired of his efforts to thwart the decision of the court, came to the front and settled the contention by paying the Judgment with costs and interest amounting In all to $1463. This action ends a case that ha3 been occupying the attention of the court 'for some time, and in which the defendant was a man In some ways well known to a great many people In the city.- In March, 1904, Gay Lombard, the uncle, who was at that time a merchant at Tekoa, Wash., while visiting for a short time In Portland, was asked by Ben Lombard to enter into a real estate speculation with him in purchasing half a block of property known as the story place, on Davis street, between Seventh and Park streets, and opposite tho Customs build ing. Ben Lombard, the Portland man, represented to his Tekoa relative that the property could be purchased for $22,500, of which sum $3000 was to be paid down, while the remainder could be paid to suit. After being assured that the deal was a good one by his nephew. Gay Lombard wrote his check for $2500 as his half of the' first payment, and entered Into an agreement by which ho was to pay the half of $22,500 and have a half-interest In the property. Discovers the Trick. After the greater part of a yeaP had passed and the property had been paid for, Gay Lombard discovered that the price asked by. the former owners of the property had been $20,000 instead of $22,500, and that the first payment had been $2500 Instead of $3000. He also dis covered that Ben Lombard had made the first payment with his check of $2300 and had taxed him the half of $22,500 for his half Interest. Ho thereupon brought suit to recover $1250, or the half of the first payment which he should not have paid. In the defense set up . Ben Lombard swore that he had not taken his uncle Into the original deal but simply sold him a half-Interest In the property at a figure set by himself. This was contradicted by the correspondence and agreements of fered In evidence and the court found for the plaintiff, stating In his findings sub stantially to the effect that the defendant had deceived his relative and had used the fact of his relation and the trust thus engendered to defraud him. In his decision Judge Sears said: "The testi mony of the defendant seems to the court to he vague, indefinite, evasive and 1 may say mendacious." The defense filed motion of appeal while "the plaintiff filed a countermotlon to satisfy the judgment notwithstanding the appeal. Then, in order to collect, garnishment proceedings were begun. The defendant Lombard was once in China, and a short time after the end of the Chlno-Japanese War returned to Portland with a large collection of very rare and priceless porcelain ware, some of which Is supposed to have been relics from Chinese temples, though the manner of collection has never been explained. This collection was divided and part placed In the Arlington Club while the rest was left with the Portland Art Asso elation. Both of these institutions were garnlsheed. Being a member of the club, it was supposed that the defendant held stock In the Arlington Building Associa tion, and this was garnlsheed as well. It had been stated by the defendant that he had unlimited credit with the bank of Ladd & Tllton. as evidence of which he alleged a $30,000 overdraft, and the plain tiff garnlsheed the bank. Owns Saloon Near Fair. Lombard also owns one of the saloons located closest. to the entrance of the Ex position grounds, and his property there was attached. A tenant, L. B. Johnson, was also garnlsheed, and from him it was learned that he owed Lombard $3500, due in future Installments, and this obligation was held a surety for the payment of the judgment of the court. By this time practically all the property belonging to Lombard was tied up, and, as it was mortgaged and otherwise en cumbered, Lombard gave up the fight, and yesterday settled the difficulty by paying the total claim against him of $1463. B. M. Lombard, the defendant, has in the past years gained some notoriety by his experiences belore the courts, In which he did not always figure to ad vantage. The chief one of these was tho case of Lewis LaDow, the mfn.or son of George A. LaDow, of Pendleton, In which Lombard, James A. Howard and others sought to gain control of the Interest of young LaDow In the property of the La Dow estate, valued at something like $40,000, by means of illegal mortgages and transfers. James Howard was a trustee of the estate, and has since become known in connection with the Golconda mine. The deal was also negotiated par tially through C. B. Wade, at that time cashier of the First National Bank of Pendleton, and who has since defaulted for close to a million dollars. The cause of the ward was argued before Judge Bellinger by the late John J. Balleray and the firm of Carter & Raley, of Pendleton, and was decided, in favor of the plaintiff as against the defendant. On rehearing before Judge .Bellinger the court took oc casion to hold Lombard up as one who had attempted to gain the valuable prop erty of the LaDow estate, or a part of it, by illegal means and to fransfer for Hoffman Brothers File Action In a New Form. J. G. Hoffman and George Hoffman, contractors, who recently filed a sensa tional, suit against J. R. Bowles, George F. Heussner and the Pacific Construction Company to recover for work done on the Front-street bridge, yesterday filed an acton at law In which he names only Heussner and Bowles as defendants. He demands judgment against them for $1557. In the first suit Hoffman Bros, charged the construction company with con spiracy In obtaining the Front-street bridge contract, and related how a plot was formed to cause the lowest bid pre sented by the Pacific Construction Com pany of Everett. Wash., to be withdrawn. Hoffman Bros, had a sub-contract for ce ment and concrete work, and they alleged that they were assured when they accept ed that the City Engineer would measure the work so liberally that they would realize a large profit. But this did not happen. The work was measured accord ing to recognized rules. Hoffman Bros, sued to recover about $3000, which they said they lost. Judge Frazer struck out all of the sen sational portions of the complaint as im material and irrelevant to the Issues presented. The court found that it made no difference, so far as Hoffman's claim was concerned, how the defendants ob tained the original contract. Falling to make the first case In cqulty stick, Hoffman Bros. In the present case have resorted to the law side of the court. In tholr complaint Hoffman Bros. demand $1735 for excavating done, 51707 for cement work. 5400 for false work. $SS0 for fills and $45 for dressing a foundation. Brodle & Merges and Dan R. Murphy appear as attorneys for the plaintiffs. XO FINANCIAL LOSS PROVED Court Decides in Case of Rival Acro batic Performance. The Schenk Family, which appeared at the Grand Thoater. did not suffer any financial los3 because of the appearance of the "Shenke Family" at the Star Theater. Following the allegations In the com plaint in the suit of John Schenk against S. Morton Cohn and the Consolidated Amusement Company, Judge Frazer ren dered this decision yesterday. The de murrer to the complaint was sustained. which puts an end to the case, unless an entirely new state of facts can be dis covered to Incorporate in an amended complaint, which Is doubtful. Tho complaint filed sets forth that Cohn and the Consolidated Amusement Com pany, for the purpose of injuring the bus iness and reputation of John Schenk and his family of acrobats, played the rival "Shenkcs." thus causing the plaintiff to sustain damage. The court found that It was admitted that John Schenk and his troupe did not suffer any loss of salary or profits, and held that the contention that he suffered damages was indefinite and vague. There was no showing that the John Schenk troupe would receive any less salary In the future because of the performances given by the other Shenkes. On tho point of one using the name of another, the court expressed the opinion that the use of a name could be protected by in junction and damages recovered it it could be shown any were sustained. Court Defines Newspaper. The Dally Official Abstract, a paper de voted to the publication of court record items, real estate news, mortgage records and building news. Is a legal newspaper, according to the terms of the Portland city charter, but Is not a newspaper such as legal notices can be published In ac cording to the provisions of the Oregon statutes. The difference Is that the city charter states that the city printing or other legal notices of the city may be published In a newspaper. The state law provides that legal notices shall be pub lished in a newspaper of "general" cir culation. A decision to this effect was rendered yesterday by Judge Frazer and was con curred in by Judges George and Sears. Judge Cleland dissented. Some time ago J. C. Stuart, publisher of the Abstract, who was the lowest bidder for the city printing, brought a suit to have the question decided, because the city authorities were unwilling to con sider the Abstract a newspaper. File Incorporation Papers. Articles of incorporation of the Great Siberian Railway Company were filed in the County Clerk's office yesterday by Alger M. Wheeler. C. A. Bell and A. C. Mcintosh. The objects are to maintain and operate places of amusement, enter tainment and refreshment and to secure concessions from the Lewis and Clark Exposition Corporation. The capital stock Is $20,000. Incorporation articles of "McEwen Koskey Inc." were filed yesterday, capi tal stock $5000. The Incorporators are Herbert B. McEwen. Ida M. McEwen and John M. Koskey. The objects arc to deal in fruits, grains, etc. Articles of Incorporation of "Buffum & Pendleton Inc." were filed In the County Clerk's office yesterday by F. G. Buffum, F. N. Pendleton and G. G. Gammans. The objects are to buy and sell hats, clothing and gents' furnishing goods;-capital stock, $50,000. Woodlawn and Prohibition. A petition for a prohibition election for Woodlawn precinct, to bo held on Mon day, June 6, was filed in the County Clerk's office yesterday, containing the names of 56 residents of the precinct. June 6 is the date of the coming city election and tho Woodlawn people are taking ad vantage of the opportunity to endeavor to have the precinct declared dry. County Clerk Fields states that he has not yet sufficiently Informed himself as to tho law to know If a local option election can be held when a city election is In progress, and will look the matter up. Cruelty Charge in Divorce Suit. Because Michael Fitzgerald gets drunk and abuses and beats her, as she alleges, Mary M. Fitzgerald yesterday began suit against him In the State Circuit Court for a divorce. They were married at Vancouver, Wash., in 1SSS, and have two children, a boy and a girl, whose custody the mother desires to retain. She alleges that Fitzgerald, has struck her frequently, and once threw ner over a stove. . Scientific Cure for Fits. Science has at last discoverod a cure for disease which has always been regarded as Incurable epilepsy or fits. Elixir Koslne. ns Its discoverer, a well-known Washington in vestigator, terms It, is for sale In this city b our progressive druggists. Woodard. Clarke & Co., and in every cast! where It has been tried has demonstrated its wonder ful power to strengthen the nerves, feed the nerve centers with new force and strengthen and conquer epilepsy. Woodard. Clarke & Co. have so much faith In Elixir Koslne, both from what they have heard of tho cures it has made in other cities and the remarkable results following its use here in Portland that they guarantee complete and lasting cure or they will re fund the money. Tou run no risk In taking Elixir Koslne on these terms. Use this great remedy and once more be well and strong, free from all fear of epileptic seizures. Pries $1.50. Mall orders filled. The Koslne Co.. Washington, J. C, or Woodard, Clarke & Ccv. Portland, Or.