THE -SUNDAY OREGOXIAN, PORTXAXD, " JULY 12. 10OS.
APPEALS PLANNED
CASES
Decision Called Botch
by Railroads.
JURISDICTION IS ATTACKED
Asserted That Commission Ex
ceeded Its Powers.
QUESTION IS IMPORTANT
Involves Itlght of Interstate Body to
Make Rates Roads Will Bring
Matter Vp in Injunc
tion Suit.
CHICAGO? July 11. Western railroads
have determined to contest in the
courts the decision of the Interstate
Commerce Commission in the now famous
lumber rate cases. This decision was
reached after several conferences held in
the ofrice ot J. C. Stubbs, traffic director
for the Harrlman lines. TJje decision of
the Commission Is said to be a "straddle"
and the traffic men representing the rail
roads do net hesitate to declare that the
body made a "botch" job of it. The de
cision is likewise not altogether pleasing
to the lumltfr interests of the Northwest.
The railroaos proposed increased
rat?s of approximately 10 cents per 100
pounds on lumber from the producing
territories of the Northwest to the
Missouri River and the territory to the
east. The Commission split the in
crease fij some cases and refused to
permit it In others. According to the
railroad men. the Commissioners ap
parently undertook to perform the
functions of traffic officials and there
by exceeded their jurisdiction. It is,
therefore, purposed to appeal to the
Vnited States Courts for an Injunction
restraining the Commission from en
forcing the rates prescribed by it.
The suit will bring to the frpnt Im
portant questions of jurisdiction, in so
far as the Commission is concerned.
nd will result in a Judicial decree as
to powers assumed by the Commission.
FjRE IN ROOMING-HOUSE
Albina Early Morning $3000 Blaze
Just Misses Match Factory.
Fire at 12:30 o'clock Saturday morning
at 95 Russell street damaged the rooming
house occupied by Mrs. James Edserton.
and owned by the McKay estate to the ex
tent of about tZoM and narrowly missed
igniting a match factory across the street.
As it was, the blacksmith shop, owned by
Harry El Jaeckel, who also owns the
Northwest Blowpipe Company next door,
mas damaged about the roof to the extent
of J100.
The fire started from some unknown
cause In a shed at the rear of the rooming-house,
and rapidly ate Its way to the
top floor of the three-story building. The
roof biased up brightly, and the firemen
in quenching this blaze, flooded the floors
below. On the ground floor was the
grocery store of W. Yakeda, which suf
fered abjut COO from the water. The
roomers in the lodging-house had their
effects flooded, but otherwise suffered no
loss. About will cover the amount
of the loss.
Some delay was experienced by the
firemen In getting water on the fire owing
to the fact that Acting Captain Coveney
of eiiKlne company No. 5 made mistakes
in ordering the position of his ladders.
The roomers occupying the lodging-house
were all awakened In time to dress them
selves and escape.
OPPOSES DUTY ON HOPS
Parliamentary Committee Proposes
Other Restrictive Laws.
LONDON', July 11. The select commit
tee recently appointed by the House of
Commons to consider means for rehabili
tating the hop Industry issued a report
last night. It says that. In view of the
fact that the importation of foreign hops
during the last So years has shown a
tendency toward decline, the committee
does not consider the foreign competition
is so potent a factor In the cause of de
pression as to demand exceptional treat
ment. The committee does not favor the levy
ing of a duty on hops or other measures
to restrict importation, but it recom
mends the application, as far as possible,
of the laws relating to the marking of
hops as foreign products and that the
use of substitutes be prohibited by Par
liament. FORFEITURE WILL STAND
Court Disappoints Company Which
Gave Bail for Ruef.
SAN FRANCISCO. July 11. Superior
Judge J. F. Dunne today denied the mo
tion of the attorneys of an indemnity
company to set aside the forfeiture of the
$100,000 bonds which Judge Dunne declared
forfeited when Abraham Ruef absented
himself after his arrest in March of last
year and went to the Trocadero.
According to the views expressed by
Assistant District Attorney Cook, the
bonds are outlawed because of the statute
of limitation and it is Improbable that any
steps will be taken by the District At
torney's office to recover the amount of
the bonds.
BURN CABIN; END OF FEUD
Structure Blocked Public Highway.
Lawsuit Will Follow.
ABERDEEN. Wash.. July ll.-(Spe-cial.)
As the possible end of a long feud,
the cabin of Charles Mclntyre, known as
the Oyehut, near the Damon postofnee.
on the ocean beach, was burned last week
by Road Supervisor Adam Eberwlne. so
Jlclntyre claims. The case has been
put In the hands of C. V. Hodgdon, of
lloqulam. Mclntyre's attorney, and a
warrant will probably be issued for Eber
mlne's arrest. Mclntyre went before the
board of County Commissioners last Mon
day rd asked whether Eberwrne had
been clothed with authority for the de
struction of his cabin. The Supervisor's
action was disclaimed by the Commis
sioners, For years a bitter fight was waged for
possession of the property . at Point
Brown, generally known as Damon's
Point, between Mclntyre and A. O. Da
mon. Others were involved and one man
committed suicide after attempting to
murder Damon. Mclntyre built the cabin
there 25 years ago. It was commonly
known as the Sea Otter House. When
the county road was surveyed it was
found that the cabin projected 30 feet
into the road. Mclntyre refused to
move unless the Damon postoffice, which
also projected into the road, should be
moved. Every prosecuting attorney for
the county who has ever investigated the
case has dropped it.
Mclntyre claims now that the destruc
tion of the cabin is but another move in
the old feud.
FOLLOWS PIPE INTO RIVER
Old Sailor Loses Balance and Nearly
Drowns in Willamette.
Idling along the footwalk of the steel
bridge last night and stopping to gaze at
the river's lights Andrew Anderson, a
sailor, 50 years of age, who has been
around the Horn many times, dropped his
pipe from between his lips and as it fell
made a hasty and vigorous grab for it,
lost his balance and fell head foremost
from the bridge into the water below.
The pipe hit the water first and Anderson
quickly followed. The shock of the fall
and the chill of the water Induced a
cramp and although an experienced sailor
Anderson was thereby disabled from
swimming. He abandoned all thoughts of
his pipe, and clung desperately to one of
the pilings under the bridge. According
to the story he afterwards told he clung
to his insecure haven for two hours and a
half shouting at all the cars and pedes
trians he saw passing over his head on
the bridge above. He was finally rescued
by two unknown men who were pulling
up the river in a boat and were attracted
by his cries. His strength was almost
exhausted, when they reached him. He
was conveyed to the police station in the
patrol wabon where he was permitted to
wring out his clothing, recuperate for an
hour, and then retire to his room.
LIES IN PATH TO ORIENT
Grays Harbor Believes Railroads
Will Make City Great Seaport.
ABERDEEN, Wash., July 11. (Spe
cial. That far greater plans are in con
templation by the Union Facile and the
St. Paul Railroad companies on Grays
Harbor than have yet been conceived of
by the Grays Harbor people is the state
ment coming from a reliable source to
day. An official of the Northern Pacific,
who has been sent all the way from St.
Paul to investigate the plans of the
Grays Harbor & Puget Sound Company,
has been here for several days. This
official says that the Northern Pacific
has been slow to reach the conclusion
that it is getting left in the grand scram
ble that Is on for trade in the Orient.
He gave out the information that it is
his opinion, after a close investigation,
that the Union Pacific and St. Paul roads
are reaching out for Grays Harbor as a
terminal point for Oriental business.
With the Grays Harbor and Puget Sound
branch going to Hoquiam and the ocean
front and the projected peninsular line
pointing this way. the importance of get
ting terminal facilities at North Beach,
where the Jetty is being built, can at
once ba appreciated.
WIFE'S HIDDEN FORTUNE
Oakland Man Finds $27,000 In
Dead Woman's Dress.
SAN FRANCISCO. Cal.. July 11. Re
cently searching an old dress belong
ing to his late wife. Mary E. Smyth.
Samuel Smyth, a pioneer resident of Oak
land, discovered two bank books showing
deposits of JUT. 000 in two Oakland banks.
Mrs. Smyth died last March, but the
widower has just now discovered the for
tune. The money will be transferred to
Mr. Smyth.
In 1S71 Samuel Smyth and his wife
were married. She owned property in
the business center of Oakland. In or
der to Improve the property. Mr. Smyth
saved his earnings, giving them to the
care of his wife, and the latter mort
gaged the property to pay for the con
struction of a brick building. In time
the mortgage was paid oft and the wife
quietly commenced saving money. On
her death the real estate was transferred
to Mr. Smyth and is valued at J40.000.
PALACE FOR PAPAL COURTS
Pope to Restore Lateran Where
Pontiffs Once Dwelt.
ROME. July 11. The Pope has an
nounced his intention of having the old
Lateran Palace, the residence of the
papacy from the time of Constantine to
the migration to Avignon, built over
for the purpose of housings the Rota
and Segnatura courts, while the peni
tentiary tribunal will be housed at the
holy office near St. Peter's. The Lat
eran Palace Is now uninhabited.
All the valuable pictures there will
be transferred to the new Vatican Gal-,
lery, which is to be opened next Sep
tember. With the exception of the
rooms devoted to sculpture, the entire
Lateran Palace will thus be available
for the uses of the courts.
LEAFGREEN TRIAL ENDS
St. Louis Court Takes Will Contest
Under Advisement.
ST. LOCIS. July U. The case of Mrs.
Mary Leafgreen, in which she seeks to
establish a claim to a widow's share of
the estate of Laclede J. Howard, has
been under advisement by Judge Kin
sey, the trial having concluded yester
day. Mrs. Leafgreen contends she was
married to Howard and the latter left
her.
The defense contends she was never
married to Howard, but was married
Instead to Thomas Jefferson Miller, who
was Mayor of Tumwater, Wash.
WILL RETIRE AS REFEREE
Criticisms Disgust Jim Jeffries With
Fighting Game.
LOS ANGELES. July 11. (Special.) Jim
Jefferies. the heavyweight champion, dis
gruntled at criticisms made by Packey
McFarland .on the decision rendered by
him at the Welsh-McFarland flfrht. to
night announced his retirement as a
referee, although he will act in the Attell
Moran contest in Ban. Francisco, as he has
already been selected.
JeJTeries also says he will sell his in
terest In the Jefferies fight club and have
absolutely nothing to do with affairs
pugilistic in the future.
Polltax at Bargain Rates.
New York Evening Post.
She Taxes wouldn't be so high if we
women were m charge of the city's
affairs.
He I'll warrant the polltax wouldn't.
You'd have it marked down Irom $3 to
DEMANDS LAND
SHOW RESULTS
No Extension Hermiston Proj
ect Unless Successful,
Says Garfield.
VISITS UMATILLA TRACT
Secretary of Interior Pleased With
Work So Far Accomplished.
Guest of Pendleton Commer
cial Club at Luncheon.
PENDLETON. Or.. July 11. (Special.)
Three matters of great importance to
present and future landowners under ths
Umatilla project were oractically de
cided upon as a result of the visit
here of James A. Garfield, Secre
tary, of the Interior. They are:
First There will be no more land
thrown open to entry and no more land
put under water until the fOOO acres now
under water and Included in the "Her
miston unit" are reduced to an actual
profit-producing state, or to that stats
where there is no longer any question of
the success and profitableness of the un
dertaking. Second The first acre charge for con
struction will come due one year from
next December, instead' of next March,
with six or 12 months of grace, giving
the landowners and water-users two sea
sons of Irrigation before calling upon
them to return one-tenth of trie cost per
acre of constructing the work. But the
maintenance fee of SI per acre must be
paid in advance or there will be no
water. s
Third That no person can live in Pen
dleton and own- land in the Hermiston
project, at least that he cannot get any
water for the land.
These three were the most Important
matters which the Secretary was asked
to pass upon yesterday. The question of
throwing open the remainder of the proj
ect to settlement was presented to him.
but after going over the "Hermiston
unit," taking the conditions into consid
eration, he decided to wait and see what
could be done with the land already sup
plied with water. It will cost K00.000 to
complete the project, which means to
extend the laterals so that the water will
be taken to each 40 acres.
The Secretary expressed himself as be
ing especially well pleased with the work
done and the condition of affairs in gen
eral in connection with the project, and
thinks it has unbounded possibilities.
Upon their arrival in this city this af
ternoon. Secretary Garfield and party
were met at the depot with automobiles
and taken to the Umatilla Indian reser
vation. Returning, Mr. Garfield was the
guest of the Commercial Club at a
luncheon at the Hotel Bowman, and
later was tendered a reception at the
home of Congressman Ellis.
POLICE COME TO RESCUE
Industrious Clerk Foreed to Make
Exit From Second Story of Office.
Owing to his Industry, George L. Boyn
ton, assistant cashier of the Portland
Flour Milling Company, was obliged to
climb out of the second story of the Col
cord building last night after midnight on
a ludder furnished by the fire department.
Boynton had remained in the office of
his company until this late hour busily
engaged with some extra work and did
not notice that the hour for the closing of
the building has long since passed. When
he found that he was locked in and could
not get home to his family he telephoned
to the police station. Several policemen
went to view the scene of his predicament
in the hope that they might form a living
pillar as a means of escape. They found
Mr. Boynton sitting on the window sill
offering large rewards for his rescue.
The law would not permit the police to
break in the door. Finally Sergeant
Wendorf thought of the Fire Department.
Request was made of Chief Campbell and
through his permission a long ladder was
secured from the fire house at Second
street near Oak and Mr. Boynton released.
ARMY MAN IS SUICIDE
Captain James W. Broatch Kills
Himself in Philippines.
NEW HAVEN, Conn., July n.-A cable
giam received here brings word of the
suicide in the Philippines of Captain
James Wallace Broatch, U. S. M. C.. and
a Yale graduate, class of 1S91. No partic
ulars have been received, but acquaint
ances here say that Captain Broatch had
long brooded over differences with broth
er officers growing out of his efforts to
put an end to hazing at West Point, to-.
pettier with the solitude and monotony
of service in the Philippines. Captain
Broatch was considered to have been one
of the most brilliant men in his claai. He
accepted a West Point appointment dur
ing his junior year, and as a plebe"
there he was severely hazed. On incom
ing an upper classman he opposed hazlnir.
which led to bitterness between h'mself
and his classmates.
CRUELTY TO TEAM, CHARGE
J. K. McDougal Arrested on Com
plaint of Neighbors.
J. K. McDougal, who lives near Twelfth
and Jefferson streets, was arrested last
night on Twelfth street near Main by Pa
trolmen Leisy and Hill for cruel treat
ment to a team of horses which McDougal
was driving up and down Twelfth street
at an alarming gait, and which he was
belaboring with a whip In a heartless
manner. His treatment of the animals
had been noticed by Ben Selling, the mer
chant, who lives at 34 Main street; J. W.
McKlnney, of 231 Twelfth street, and W.
C. Holman. of 434 Salmon streets, and
when the officers placed the man under
arrest these witnesses volunteered to ap
pear in the court against him.
How She Finds Society.
Pathfinder.
A wealthy young woman in New York
has withdrawn from her social life and
taken refuge on the stage as 'a chorus
girl. She says she is disgusted with so
ciety. "I had eight years of society,"
she remarked, "and I could not stand It
any longer. I drink very little. Society
requires its votaries to drink very much.
I never gamble. Society requires th:
its members gamble. , Bridge whist is
the favorite amusement. It was against
my principles.
"I got tired of dressing and gossiping
and strutting about and trying to thin
myself happy. Society Is empty. Both
the men and women who constitute so
ciety with a big 'S' are idle and useless
in the world-'
MAT
? if iJk
tg IIP
REMEMBER every article in our store is marked in PLAIN FIGURES. All you have to
do is to look at the price ticket and deduct one-half. We have strictly one price and never
change the price tickets. No exaggerations ever permitted in any of my advertisements
M FROM FIGHTS
NEW CONDITION" PROPOSED AT
SAN FRANCISCO.
Morbid Interest In Gans-Nelson Con
test Disgusted Even Lovers
of Pugilism.
SAX FRANCISCO, Cal., July 11. (Spe
cial.) It Is understood that next Mon
day, when the application of Sam Berger
for a September fight permit comes up
for ratification at the meeting of the
Board of Supervisors, Dr. Gianlnl, a
member of the Board, will request pro
moters in the future to exclude all
women from witnessing the contests that
may take place.
On account of women displaying such
morbid Interest as even to disgust the
fight fans at the Gans-Nelson fight, there
has been considerable agitation of late
against allowing women to attend box
ing contests, and with the spectacle of
a week ago still fresh, the Supervisors
will doubtless act promptly. Dr. Gianini
tonight said:
"I think a sample request to the pro
moters to exclude all women spectators
will be sufficient. I do not think K will
be necessary to enact any city ordinance.
I don't want to do anything freakish,
but I believe 'a majority, even of the
fight-goers, will approve such a move."
T. L. HISGEN FIRST CHOICE
Massachusetts Man May Be Named
by Independence Party.
NEW TORK, July 11. Preparations are
well under way for the National conven
tion of the Independence party which will
be held at Chicago Monday, July 27.
The Independence party leaders say they
will put a full ticket in the field and will
also try to have a state ticket In every
state in the Union. In 38 states National
committeemen of the Independence party
have been appointed, the last state thus
represented being North Dakota.
Although the party leaders have not
come out strong as yet for eny one man
as their standard-bearer in the campaign,
there Is a strong sentiment, they say, for
Thomas L,. Hisgen, of West Springfield,
Mass. Mr. Hisgen ran for governor of
Massachusetts two years ago on the
Hearst ticket and polled a surprisingly
large vote.
This was encouraging to the Indepen
dence party leaders. Another possible can
didate is M. W. Howard, 'of Alabama, a
member of the National committee of the
Independence party from Alabama. He is
a former Congressman.
GROWING 0LD TOGETHER
Wife's Happiness Doesn't Depend
on Her Good Looks.
Kit, In Toronto Mail.
Married women rarely have the time to
make themselves as pretty aa they did
when they were sweetheart. I am all for
a woman making the best of her appear
ance and caring; to look nice, but if a
man's love depends merely on the continu
ous good looks of his. wife (who, by the
way, haa to grow old as he does, when
the. years roll on), thee I wouldn't give a
thrawneen for him. Doesn't he grow old
and wrinkled and what we don'tbald?
Must we forever be playing up to his
taste in looks when we bear his children,
cook his dinner, care for his clothes, de
vote our lives to him and his house? The
"eweetheart" has nothing to do but look
pretty. The wife, the mother, the house
HALE-PR
OF MEN'S AND BOYS' CLOTHING is rushing
to a finish ONE-HALF of the Men's Suits and a
large proportion of the Boys' Suits have been
sold in four days. If you wish to share in this
BARGAIN CARNIVAL it would be well to come
THIS WEEK.
Young Men's Outing
Suits One-Half Off
$15.00 Outing Suits, now. . .S7.50
$10.00 Outing Suits, now. . .$5.00
Boys' Suits at One-Hal!
Every Boys' Spring Suit in the
house, Knickerbocker or straight
pants, all this season's- latest
styles, ages 7 to
Boys' $ 5.00 Suits, now $2.50
Boys' $ 6.00 Suits, now $3.00
Boys' $ 8.00 Suits, now $4.00
Boys' $10.00 Suits, now $5.00
Boys' $15.00 Suits, now. . . .$7.50
A'il Boys' Suits, Blacks and Blues,
ONE-QUARTER OFF.
Drfi JM2i mrti 11
mother! "Why, the very words cover a
whole lot. of effort often of pathetic ef
fort. You say mere would he fewer un
happy homes If the wives kept as young
and pretty as when .they were sweet
hearts. That is nonsense.
Time waits for no man, and -waits not
at all for woman. How keep young? How
pretty when youth goes? How or why,
anyway, when It is a question of love?
Why should any one of us love a bald
headed, wrinkled old man, who wooed us,
a slender, your?, dear lad? Why? Be
cause love, God bless it, knows no change
In the beloved object as we women know
love. And there are men who love the
fading wives with a deeper, greater and
grander love than they ever gave to the
pretty creature when they first saw and
wedded her. I love to see the love that
withstands youth and beauty and all
merely sensual allurement.
' I say to women, keep yourselves as nice,
personally, as you can. Drees as well as
your means permit, but for God's sake do
IT
FOR PERSONS CONVALESCENT
ri 1 1 li nil l imT i if Hi iTJbi in'
Dr. H. II. Davis; Louis
ville, Miss., says: "I very
frequently prescribe your
Bitters in convalescence, and
always with good results. It
is well worthy of a trial by
everyone in that condition."
REMEMBER, THERE'S NOTHING LIKE HOSTETTER'S FOR THE STOMACH
GE
16 years.
$1.00
$1.50
$2.00
$3.00
$5.00
not pin the affection of your husband on
with your "rat," or your collar, for if you
do, the pin will give and something pre
cious will get lost. Love is bigger than
mere eex feeling. It embraces, with that,
friendship, understanding, comradeship,
sympathy, the leaning on one another,
forbearance, charity, and an exquisite
tenderness.
Regulating Acoustics of Kooins.
Youth's Companion.
Architects find no more difficult prob
lem than that presented by the acoustics
of lecture and concert halls. The sub
ject has been investigated by Professor
"Wallace C. Sabine, of Harvard, who pre
sents some interesting conclusions. The
acoustic properties of a hall depend upon
two variables the form and the mater
ials. The essential features of the ma
terials are their absorbing and reflectiva
powers. The Fogg Art Museum lecture"
hall was modeled after the Sanders The
ater. In Cambridge, but failed to repro.
IS
IDEAL
After the system has passed through some severe illness
you'll find the Bitters will aid wonderfully in restoring your
former strength and vigor. In thousands of eases during the
past 54 years, this has been proven.
HOSTETTER'S
STOMACH BITTERS
besides making you well again, will keep you so, if you will
only take an occasional dose when the stomach, liver or kid
neys become deranged. It strengthens the entire digestive
system and thus prevents Sick- Headache, Nausea, Belching,
Bloating, Heartburn, Dyspepsia, Indigestion, Kidney or Liver
Troubles, Costiveness, Nervousness, Female Ills or General
Weakness. Such proof as the following letters should con
vince anybody of its intrinsic value.
HOSTETTER'S
STOMACH BITTERS
Is sold only in bottles, like,
the illustration, and never
in bulk. " Refuse all imi
tations . and substitutes.
The genuine has Private
Stamp over neck.
SALE1
Men's Suits at One-Half
Men's $35 Spring Suits, now $17.50
Men's $30 Spring Suits, now $15.00
Men's $25 Spring Suits, now $12.50
Men's $20 Spring Suits, now $10.00
All Men's Black and Blue Suits, One
Quarter Off.
At One-Quarter Of!
The following items Young Men's
College Suits, Young Men's Spring
Suits, Every Blue and Black Suit in
the house, Men's, Boys' and Youths'.
Washable Suits
Washable Suits, now... 75
Washable Suits, now... $1.12
Washable Suits, now... $1.50
Washable Suits, now... $2.25
Washable Suits, now... $3.75
LEADING
CLOTHIER
duce Its excellent acoustic . properties.
The reverberation of sound lasted 5.62
seconds an intolerable length. By put
ting a certain make of cushions on the
seats, floor and .part of the wall, the re
verberation period was reduced to 1.14
seconds. An open window Is an ab
sorbent of sound. An audience absorbs,
per square meter, .94 as much as an open
window. An Isolated woman In the
auditorum absorbed .54 as much as a
window, and an isolated man .48, appar
ently a tribute to the superior excellence
of female apparel. Hair felt on the
wall absorbed, per square meter, .78 as
much as a window.
The smoke-density meter of Edmond J.
Kunze comprises a ahort length of on-lnch
brass tube, to one end of which Is plvotd
revolving disc of transparent celluloid In
four sections. These sections are tinted
different shades of gray to correspond to
densities between no smoke and jet black,
and each has a hole in the center. The
observer, looklnR toward the smoke, turns
the disc until the tint nearest the smoke is
found.
Charles Wieman, Bear
Lake, Mich., says: "I take
your Bitters whenever my
system is weak and run
down. It invigorates and
builds me up better than
anything I have ever taken."