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.