TITE SPXDAY OREGOXIAX, PORTLAND. OCTOBER 24. 1909.
10
MILL WILL STAND
Hawley Company Need Not Re
open Strip, Holds Court.
"CONSIGNERS NOT UNEASY
Vnlesn Thrj Complain. Decision
Hold?, Provision of Peed to Prop
erty for Passage Way Need
Not Be Carried Out.
If th Hawley Pulp & Paper Cm
panv. of Oregon City. lias failed to
carrv out an express agreement In a
deed, whereby the company secured the
land used as a mill site, then It re
mains for the consignor or his heirs
alone to object. The objections of other
corporations can avail thuni nothing.
This was the efTect of a decision
handed down yesterday by y""
Judge Cleland In the suit of the Cronn
Columbia Pulp At Paper Company ana
the Oregon City ManufacturingCompany
against the Hawley corporation. Plain
tiffs were seeking to have kept open a
strip of land upon which the Hawley
company has extended Its plant and
which was originally Intended to be
kept open and unobstructed for the
convenience of adjoining property hold
ers as well as the Hawley company.
The deed Involved was made out In
184 and transferred the property from
Panlel Harvey to George Larocque. The
1 paragraph upon which the suit hinged
was: , ,
"It Is expressly agreed, and this con
veyance Is on condition, that 40 feet of
said land north of sala mill. CO feet on
' the west and four feet on the south.
' sha41 be kept open and unobstructed for
' the caniinon convenience of said mill
! property and other adjacent real estate
' now belonging to the grantors or their
i assigns: and that a wagon road shall
' be kept open to the county road."
Inasmuch as this has not been done
and the present company has built over
' the land, the action was brought. Had
j the court decide. for the plaintiffs, par
l ttal destruction of the Hawley mill
: would. It Is said, have been rendered
necessary.
In passing upon the case Judge Cle
land said that the language of the will
. created a condition subsequent, and as
no one can complain of a breach of con-
,' dition subsequent excepting the grantor
or his heirs, the plaintiffs were not en-
' titled to relief on the action before the
court.
Passing upon t'e matter of the Haw
lev company's action in closing the
roadway. te court said that, while the
space has been used ns a" highway for
: rears, its use was permissive and not
adverse.
TIMBKIt MKN MIST MIRK GOOD
Judge Orders Pealer to Heturn Coin
to Ijind Purchaser.
Timber companies which offer to
place people on timber lands must llva
up to their promises or else return any.
money they may have reewveo. ior men
services, so Circuit Judge Cleland held
yesterday forenoon In settling the suit
of Joe Paplneu against Donald Smith.
Smith. It em. had advertised in a lo
cal paper that he could place anyone
with a few hundred dollars on a tim
ber claim with 16.000,000 feet of tim
ber. Paplneu responded to the advertise
ment, made a deposit of 1240 and waa
duly taken out to .a piece of land which,
he claims, looked more like a atrip of
Sahara desert than a thriving timber
claim. He refused to buy. Smith de
clined to return te money and Paplneu
sued. Smith- defense was that Papl
neu backed out of the deal arbitrarily.
.' but the evidence showed differently.
: the court held. Smith was ordered to
return the money.
DEFEX DAXT CAXXOT COMPIjAIN'
Court Holds Jury May Award
Amount I.C.-.S Than Sought.
If a Jury returns a finding for less
money than is asked for by a plaintiff.
It Is not for the defendant to protest.
That was the effect of a decision re
turned yesterday by Circuit Judge Cle
land. The case was that of Flnley
Moylson & Son against D. S. Frank.
Frank was sued for S2500 alleged to be
. due as commlsison on a realty sale. The
. jury allowed the plaintiffs J166S.66.
Frank filed a motion for a new trial
on the grounds that the verdict was
illegal. Inasmuch as the plaintiffs were
entitled to the full amount asked for if
hey were entitled to anything. In
overruling the motion. Judge Cleland
said a Jury may allow a verdict In such
a case for any sum less than that
ought.
Mrs. Mendenhall Allowed Fees.
Mrs. Eliza Mendenhall, who recently
filed an answer and cross-complaint in
the suit of her husband, Ed C. Menden
' hall, for a divorce, waa allowed $500 at
torney's fees and 1 100 a month for her
support during the course of the suit,
, when the case was brought up in the
1 Circuit Court yesterday forenoon. Men
. denhall accuses his wife of cruel and
Inhuman treatment. She accuses him
of fondness for another woman.
your blood and heart, and if you see it,
memory will cherish it for you. '
'Ragged Robin" is. of course, an Ol
cott play, and it Is the best thing he has
done In years. Tet it Is the same de
lightful Olcott that talks and sings to
you in his sweet and cherry tenor. The
voice Is Just as strong and vibrant as
ever, the songs better and sweeter and
the Irish star has lost none of hlsrpower
to appeal In that same old Olcott way.
Rlda Johnson Young and Rita Olcott
have laid the scenes at Innishannon.
and it Is there a simple, beautiful story
is unfolded.
Of course. Chauncey Olcott is "Ragged
Robin." He is a wanderer Indeed a
lovable one who sings his way through
life over the King's road a happy-go-lucky
Irish minstrel, fond of lodging be
neath the blue sky or In the hedges, a
happy, cheerful fellow In corduroy and
leggings. The authors have made him
believe in fairies, in a short life and a
merry one. who Is abroad and singing
with the first golden glories of the Irish
dawn. The pretty colleens are his de
light: they, in turn, love his roving spirit,
his gay song and the atmosphere that is
all his own wherever he goes.
WANT CITY CONVENIENCES
J la mock Addition Kesidents Form
New Improvement Club.
I
iTo protest to the city officials against
the absence of street lights and other
city conveniences is one purpose oi o.
permanent organization formed Frlday
rnd known as the Hancock Addition
Improvement Club. Officers were elect-
CO;HK.GATIOAI, PASTOR IS
CAI.I.KO TO FOREST GROVE.
i
K' : - rfl- ; l
- A
Rev. UavM T. Thomas. Pastor of
Pilgrim Church.
Re';. David T. Thomas, pastor of
the Pilgrim Congregational
Church of the East Side, may go
to the Forest -Grove Congrega
tional Church. He received a-call
to become pastor of that church
this week, and now has the mat
ter under consideration. Rev. Mr.
Thomas said yesterday that lie
would make his decision within
the next fpw dnys and answer
the call." H has been pastor of
the Pilgrim Church for nearly
two years, during which a hand
some building has been erected
costing about $15,000.
ed as follows: President Dr. Harvey
M. Tlmms; vice-president and legal ad
viser. George P. Knowles; secretary,
Henry H. Wright: executive committee,
W. H. Thomas (chairman), George P.
Knowles and Henry Lower. The resi
dents of Hancock-Street Addition feel
that they are discriminated against.
Although there .are numerous One resi
dences throughout the district, there is
no street light 'east of East Twenty
eighth street as far as Rose City Park,
except a group of incandescent Iigfrits
maintained by the O. R. & N. at its
Sandy road crossing. Contracts having
been let for paving of this entire addi
tion with hard-surface pavement, all
streets and crosswalks have been torn
up in preparation, necessitating resi
dents wading through mud ankle-deep:
and there Is danger of personal injury
from obstructions and high curbs in the
absence of street lights. Considerable
inconvenience is occasioned through the
lack of free mall delivery. ' There are
a number of property owners in Hancock-Street
Addition who wish to build
permanent homes there, but fear for
the safety of their families under pres
ent conditions. This addition la in the
same class as Irvington, and is joined
to the new residential district of Lau
relhurst on the south. It is the opinion
of the members of this new Improve
ment club that they are victims of taxa
tion without benefit or representation.
Husband Alleges Desertion.
Fred Allen filed an answer and cross
complaint yesterday to the suit of his
wife. Mrs. Georgia Allen, for a divorce.
He alleges that he has always been a
'. kind and Indulgent husband, but that-
i his wife willfully and without cause de
serted him over a year ago. He asks
a divorce and the custody of their
3-year-old child.
NOTED IRISH ACTOR HERE
Chauncey Olcott Will Open in
"Ragged Robin" Tonight.
Chauncey Olcott, the genial Irish come
dian who has won the hearts of theater
goers in all parts of the country, will
appear at the Bungalow Theater, Twelfth
and Morrison streets, tonight in "Ragged
Robin." The play will be there only four
nights and Wednesday afternoon as a
matinee.
Concerning Chauncey Olcott and his ap
pearance In Seattle, the Times of that
city has in part the following to say:
Do you believe In fairies?.
This question, made famous by Maude
Adams in her never-to-be-forgotten
"Peter Pan." when she appealed direct
to the audience In this trite phrase, is
asked again with the same delightful ef
fect. Do you really believe In them
feonest, now? Chauncey Olcott wants to
know.
If there's a drop of Irish blood in your
veins or even if there isn't you will like
perhaps love "Ragged Robbln." which,
with the debonair Chauncey came last
right to close the week at The Moore.
There la something quite irresistible
about this little Irish play that gets into
SWEEPERS GEJ IN FIGHT
Two Women Have Stormy Discussion
Over Dirt In Hallway.
Two women sweeping a hallway, at
30 Stevens street, got Into a row yes
terday afternoon because one of them
swept dirt on the, side taken care of by
the .other and as a result some blows
were struck, some hair pulled and some
harsh words spoken, and also Mrs. A. C.
Morrison and Mrs. Emma Hall, tha prin
cipals, were arrested.
Each awore out a complaint against
the other charging assault and battery
Each was released upon S10 ball and will
get an opportunity to tell all about it
Monday morning before Judge Bennett in
Municipal Court.
"The houre where the two families re
side Is an apartment-house. Both fami
lies use part of the same hallway. Mrs.
Morrison had swept her portion of the
hall and suddenly discovered Mrs. Hall
sweeping the dirt back into her domain.
Because she endeavored to remonstrate,
a battle ensued.
AGENT'S BOND MADE $5000
Man Accused of Beating Woman Is
I-odged in County Jail.
Judge Bennett fixed the ball of E. R.
Steen. the sewing machine agent who
Is under arrest charged with assaulting
Miss Louise Stoetz, at $5000 yesterday
morning.
Deputy District Attorney Ileonessy
said reports from doctors attending
Miss Stoetz in St. Vincent's Hospital
were to the effect that the woman was
In a critical condition. Attorney Hen
nessy -requested that the bonds be set
at 13000, In view of the doctors' state
ments, but said, in case the woman im
proved in condition, he would ask to
have the bond reduced.
The hearing of the case was put over
until October 25. Up to a late hour
Steen had failed to furnish the bonds
and was confined in the County Jail.
GAS CONSUMERS. TAKE NOTICE.
Get Wclsbach mantles by the dozen,
and we'll give you jobbers' prices. Buy
your burners and globes In quantities,
and save nearly half the price. You
buy a Winter's supply of fuel at one
time and save money. Do this with
vour lighting supplies, and buy from
Manning. 43 Third street. Telephone
Main or A 231L
i-l ' VJ
H 1
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Copyrighted 1909 By
SCHL0SS BROS & CO.
CI.. DntliAC Mstks-ra'
I1HC
Baltimore and New York
r II
i - X
Individuality
characterizes every
garment bearing
the Schloss Label
Harmonious lines
with artistic work
is the fundamental
basis of these
'Master Tailored
Clothes-they teem
with originality
well thought and
well wrought the
styles are distinc
tive and stamp the
wearer with an air
of refined elegance.
Ask your dealer to show
you he Schloss Baltimore
Clothes and eliminate all
doubt or misgiving you will
absolutely know that ycu
are in accord with the best
there is in Men's Fashions
Daliiuiorc ouu new iura mere is in Met
Correct Clothes for Gentl
. : -
emen
Suits No matter your Style, Shape or Build; Overcoats short and long light and heavy
t pi , r, i ci j . fancy and plain, Every new fad in Style
Long, Short, Stout or Slender ; we have gpen endUss vaHcty to every Style
special models to fit you stylishly and becomingly, to suit every taste and ft every figure.
full Dress Tuxedos and all that go - to com- Automobile Garments in novel effects can
plete the dress of a Gentleman for social occasions, be used with. Military or Regular Collars.
mwmm
RAINCOATS The sensible garment for mid-season or for anytime made of
Priestly and other Cloths. Worsteds and Ulieviots in numerous siyic, Miapes
and lengths a light-weight Overcoat suitable for wet or dry weather water
proof, yet dressy in fact very handy the year round for theatre or dress occasions.
Baltimore
Schloss Bros. 6c Co.
New York.
RICHLAND
swiff
HEIGHTS CLUB IS ACTIVE
MUCH CiAIliTY PLAXXKIJ J'Olt
COMING SKASOX.
First Affair Is Halloween Party and
Many Otlicr Novel Kven's Will
Make Winter Joyous.
This season promises to be active at
the Portland Heights cluh.. The new
committees chosen after the annual
meeting; a week agro have organized
and are making elaborate arrange
ments for the social season. The first
bis entertainment will be held Monday
evenlnpr, November 1. and will be a
Hallowe'en domino party, at which the
hostesses will be Mrs. Walter V. Smith.
Mrs. E. L. Thompson and Mrs. Park
Densmore. A large orchestra will be
present and at 11 o'clock masks will
be doffed, after which refreshments
appropriate to Hallowe'en will be
served.
The new social committee of the club,
composed' of Fletcher Linn. M. H.
Houser and Walter A. Gruetter, are
planning a number of novel affairs.
At each event different ladles of the
club will act as hostesses. It is prob
able that during Thanksgiving week
an old-time New England harvest home
will be held. A number of formal
dances will be held and there will be
a big celebration on New Tear's Eve
to welcome 1910.
The pretty clubhouse during the sea
son promises to be very gray. Plans
are now being made by the games com
mittee, composed of M. H. Lamond,
M. H. Schmeer and Charles O. Meyers,
to open the bowling tournament for
both women and men and the billiard
tournament for men about November
15. Handsome cups have been' put up
for these events. C. C Colt, the presi
dent, has given a beautiful bowling
trophy for the men. J. A. Currey has
presented a large silver cup for the
ladles' bowling tournament, and Jay
Smith, the first president of the club,
has given a handsome loving cup as
the prize for the billiard tournament.
The children's dancing class held its
first meeting yesterday afternoon at
the clubhouse. It Is under the direc
tion of Miss Lulie Hall and the pat
ronesses are Mrs. R. J. Marsh. Mrs.
Jay Smith and Mrs. James V. Ewlng.
A gymnasium class for women is being
organized and will meet mornings.
STATION ISNEARLY READY
Mailing Division Will Be Moved
Next Week.
Furniture and other equipment are be
ing Installed for the new mailing divi
sion of the Portland Postofflce In the
Smith building at 'Fifth and Glisan
streets. Postmaster Young said yester
day that the new quarters will be ready
for occupancy the latter part of this
week. The removal of the mailing divi
sion from the main building. Sixth and
Morrison streets, to the new location will
begin a week from tomorrow.
The new mailing station will become
substation E, while the Hoyt-street sub
office having the same designation will
be abandoned. The 26 carriers that are
operating from this station at the pres
ent time will be transferred to th. main
building, from which all mail for deliv
ery in the city will be sorted and de
livered to the carriers for distribution.
All outgoing mall will be handled .from
the Fifth and Glisan street station, after
being collected from the different sub
stations throughout the city. The addi
tional space resulting from the removal
of tho mailing division from the Federal
building will be utilised by the carriers
In their work. The changes will greatly
relieve the congestion which now prevails
at the main Postofflce and will assist
materially In Improving the efficiency of
the service.
Postmaster Younjr has also made ar
rangement for Installing four additional
general delivery windows at the Postof
flce building for the accommodation of
the general public. He has mads applica
tion to the Department at Washington for
authority to appoint the eight additional
clerks which will be required for this
Increased service and the additional win
dows will be added Just as soon as such
authority is received.
Rich Boy Taken to Cell.
LOS ANGELES, Cal., Oct. 23. Jack
Lankershelm, son of J. B. Lankershelm,
millionaire realty owner and hotel propri
etor, was released from jail early today
after having spent seven hours there for
automobile speeding. He gained freedom
on ?100 ball, allowed by Justice Frederick
son, who was awakened late at night to
relieve the young millionaire from the
necessity of spending the entire night in
a prison. According to the police, Lan
kershelm dashed down Broadway late
yesterday at a speed that endangered
pedestrians. Lankershelm was arrested
last week for speeding and fined 50. He
will be arraigned today.
near-Admiral Erben leud.
NEW YORK, Oct. 23. Rear-Admiral
Henry Brben, U. S. N-, retired, died
here today at the age of 77 years. He
entered the Navy In 181S and served
through the Civil War with a brilliant
record.
FREE
PILE
CURE
Sent to Demonstrate the Merits of
Pyramid Pile Cure.
What It Warn Done For Otbera, It Caa
Ho For Yon.
We have testimonials by the hun
dreds showing all stages, kinds and de
grees of piles which have been cured
by Pyramid Pile Cure.
If you could read these unsolicited
letters you would no doubt go to the
nearest drug store and buy a box of
Pyramid Pile Cure at once, price fifty
cents.
We do not aBk you to do this. Send
us your name and address and we will
send you a trial package by mail free.
We know what the trial package
will do. In many cases It has cured
piles without further treatment. If It
proves its value to you order more from
your druggist, at 60c a box. This is
fair, is it not? Simply fill out free
coupon below and mall today.
FHF-E PACKAGE COIPOX.
Fill out the blank lines below with
your name and address, cut out
coupon and mail to the PYRAMID
DRUG COMPANY, 190 Pyramid
Bldg., Marshall. Mich. A trial pack
age of the great Pyramid Pile Cure
will then be sent you at 'once by
mall, FREE, in plain wrapper.
Name
Street
City and State
NO PAIN NO PAIN
No More Fear of the Dental
Chair, Nor a High Dental Bill
ISP lib Jj-
CONTINUED LOW RATES
FOR THIS MONTH
The teeth we are making with
out the old and clumsy plates
are proving a winner, at a price
that you will agree is satisfac
tory to you. It is what you want.
No trouble to answer questions.
WHY PAY MORE?
Tull Set, that fit $5.00
Gold Crown, 22-K $3.50
Bridge Teeth, 22-.K. . . . 33.50
Geld Fillings $1.00
Silver Fillings 50
If rou are aervoim or have heart
trouble, the F.lrctro I"alnl-s Syn
lem will do tht- work wk others
fall. All work warranted ten years
Punk reference. Open evenings
and Sundays. I.r.d y Attcnocnt.
ELECTRO
PAINLESS DENTISTS
Corner Fifth and AVashf aj?ton
Acroii From Perkins Hotel.
We Want Square Pianos
CHANCE TO SELL YOUR SQUARE
PIAXO TO ADVANTAGE.
We want to bay for enh four or five
morf square plaaoa In reasonably trood
order, or will make liberal allowance
for some toward payment of a fine new
nprlffht or Brand, or a Piannla-pfano.
Call at. or telephone, or write Ellers
Piano Honse. wholesale dept.. Immedi
ately S53 'Washinsrton. Telephone .Ex
change S3 or A 774-4.
America's Valley
of the Nile
is located in the very center of the famous Inland Empire,
ihe part of Washington, Oregon and Idaho that up to about
ten years ago was considered sterile, worthless ground, but
- which under irrigation has proved to be the best laud in this
great America; not even being surpassed by that greatest
of heretofore-known valleys, the Nile, of Egypt.
This great valley of Egypt was made so fertile by the
overflowing of that great stream, the River Nile. The Rich
land Valley was made fertile in exactly the same way, only
that the fertility of this country is much more general than
that of the former, for the reason that this valley was once
covered by an immense lake, and the waters of the Snake,
Yakima and Columbia emptied their silt and refuse into this
lake, as well as numerous volcanoes throwing out their ashes
onto the water, and all of this settling to the bottom, where
it has formed a deep, rich soil that is underlaid with the
loose gravel, making the very best soil formation in the
world for irrigation. A sample of this soil, taken from dif
ferent sections of the district, was pronounced upon exam
ination by Government experts as being very rich in iron,
phosphoric acid, phosphate and lime. When you find the2
properties heavily impregnated in the soil, you can be abso
lutely certain that your land will raise anything on earth
that you wish to plant in it, provided you arc in an altitude
and latitude at which your crop would be supposed to ma
ture. The average elevation of our project is about 370 feet.
This low altitude, -ombined with the fact that wo lie 300
miles from the coasi, and 00 miles from the closest mountain
range, gives us an almost tropical climate. This is the rea
son that we can ripen our fruits from three to five weeks
ahead of every part of the Northwest, and therefore, having
no competition from any district north of San ,Toc, Cal.
- California is too far away to be any direct competitor, and
too distant from its markets to enjoy the profits from fruit
raising that we get from our farms.
Richland lies within 500 miles of all the largest cities
in the Northwest, which have a total population of over
4,000,000 people; therefore we can pick our fruit and ber
ries in the afternoon, and the next morning we place them
on the market in Butte, Helena, Anaconda, Great Falls, Lew
iston, Moscow, Coeur d'Alenes and Boise, as well as Spokane,
Seattle, Tacoma. . Olympia, Bcllingham, Everett, Victoria,
Vancouver, and Portland.
By this you will see that it will be nearly impossible for
us to supply all of these people with early fruits, to say
. nothing of the fact that our valley is the most successful
apple-raising district in the whole Northwest, and this is
the greatest apple country in the world.
, Richland is your last chance to get land in the Yakima
Valley, irrigated by gravity flow, for prices ranging from
$125 to $150 per acre, as all of the districts in this valley,
are older and prices have advanced until they are 50 to 100
per cent over Richland prices at the present time. The
waters of the Yakima, which is the only stream in that coun
try that passes. through a district of less than 1200 to 1500
feet elevation, that lies near enough the level of the sur
rounding land to take water out of without pumping, are
entirely appropriated, and the Columbia lies so low that
water has to be pumped to an elevation of from 50 to 125
feet to get it on the land, and pumping makes irrigation both
dangerous and costly. Dangerous, for the reason that your
pumps" or engines will Dreak down at the time you are using
them and need them the most, and therefore will leave you
without water; and costly, for the reason that these pumps .
must be purchased and installed, and fuel and repairs fur
nished afterward.
Irrigated lands in our country, according to Government
reports (which are absolutely reliable), are returning greater
profits per acre than are any ten acres of non-irrigated
land anywhere in the Northwest. The reason for this is that
you have your water and moisture at the place and time that
you need it, never having your crop too wet or too dry, but
just enough warm water on it that, combined with the warm
sunshine,, of which we have over 300 days in every year,
causes a Very rapid growth, that cannot possibly be gained
by any other method of farming.
Transportation facilities in our valley are the very best,
having now three lines of railroad in operation, and two
more building, as well as open-river boats passing the town
and irrigated lands several times a day.
Call or write for our new booklet, just out,' "There's a
Reason for Irrigation." Join our regular Saturday excur
sion, leaving every Saturday at 5 P. M., from our office.
RICcSm .
A. W, HOVER, MANAGER
110 Second Street. Phones, Main 1743, A 1743.