TITE SUNDAY OREGOXIAN, PORTLAND. SEPTE3IBER 18, 1910. If TRACKAGE CDMPAC T SEEMS FEASIBLE Railroad Men Look With Favor on Rumored Northern Pacific-Milwaukee Plan. REPORT NOT CONFIRMED Agreement Between Two Lines Said to Be In Accord With Follcy of Rig Railroad Both Par lies Would Benefit. While no confirmation has been re ceived at the Portland offices of the Milwaukee or Northern Pacific of the Spokane report that a trackage ar rangement had been entered Into by the two railroads between Ellensburg and Spokane, railroad men look upon the plan as feasible and as of advan tage to both roads. The suggested agreement provides that the Northern Pacific shall have trackage rights over the Milwaukee road between Ellenshura; and Lind and that the Milwaukee shall have the rljrht to operate its trains over the Northern Pacific between Llml and Spokane. At the present time the Milwaukee has no entrance to Spokane, and the agreement would give it access to that city Immediately. The Milwaukee road between Llnd and Ellensburjt Is 81 miles shorter than the Northern Pacific route, though both roads touch the two towns. The North ern Pacific between the two points makes a long detour southward, while the Milwaukee ruts across lots. For several years the Northern Pacific has had construction of a cut-off between l.ind and Ellt-nsburn under considera tion and several surveys have been made. Portland railroad men eipress the opinion that if such an arrangement has been entered Into the agreement probably also provides for the double- tracking of the Northern Pacific be tween Llnd and Spokane. The North ern Pacific now has a second track out of Spokane for about nine miles, and the construction of a double track would be required for about 73 miles. The traffic over the Northern Pacific between Pasco and Spokane is heavy. Inasmuch as trains from the Palouse, Walla Walla, Pendleton and Washing ton Central branches connect with the main line between Spokane .and .Pasco and necessarily run over all or a por tion of the road between Spokane and Llnd. In view of the modern tendency of railroads to enter Into Joint trackage agreements, such as have been carried out between Portland and Seattle by the Northern Pacific. Oregon Wash ington and Great Northern, and also because of the advantages to be gained by both parties, the report of an agree ment between the Northern Pacific and the Milwaukee Is looked uopn in Port land as more than Idle rumor. laws passed by the Initiative process nave been brought In question. These references are a better and stronger argument against Incorrect as sertions than simple arguments. They are facta. Judge Burnett's attitude In that regard should not be misconstrued, but on the other hand he should have full credit for the same. Any one whffj has ever practiced law In Judge Bur nett's Court will remember his coined Judicial assertion, that It is not for the Court o say what the law ought to be. but what the law Is. The election of Judges, especially Supreme Judges. Is a very Important matter, and we should not experiment. A man holding office who has a good record should have the everlasting re spect of the people for nor all office holders enjoy that distinction. 1 am a Democrat and am In favor of our Lemocratlc candidates but am also In favor of electing the members of the Supreme Court with aa little JUDGES ARE HERE Federal Court of Appeals to Convene Monday. GILBERT WILL PRESIDE PORTLAND HARVARD GRADU ATE RKCOVKRS FROM LO.G ILLAKSS. Caees of G. D. McLeod Attains! Gov ernment and or Toland Versus Steamer Ruth Have Been Set for Hearing. JIAXDSOMK SADDLE IS PRIZE Rider to Compete at Pendleton Round-Up This Month. One of the prises that will be com peted for at the Pendleton round-up. an elaborately hand-carved .saddle, was put on display In the city ticket office of the Harriman lines yesterday. The saddle, which wss made by a Pendleton manufacturer, E. L. Power, will be awarded to the winner of the wild horse rare. It was designed es pecially for the event and has the words "The Roundup" engraved In the leather of the saddle seat. Bucking bronchoes. and other decorative effects cover the remainder of the leather. The prize Is valued at S?5 and It Is said Is something that will be coveted by ev ry "buckaroo" who attends the round up. The Pendleton Far West show Is to be given on September ; and 30 and October 1. hi . V:' i 3. ' 4 A .. -. a H'sry Ynag Mastea. Friends of Henry Toung Masten have learned with gratification of tits recovery from a long and severe Illness at Cambridge, Mass. He Is now at the home of his mother. Mrs. Frances G. Masten. at their Portland home, 444 East Fifteenth street. Mr. Masten wa graduated from Harvard In June with the degree of A. &, having entered the uni versity at the age of 16 and com pleting the course In three years. He spent a year between his en trance and graduation In Europe, and took a course In music under Bosmet In Paris. He was a mem ber of the Harvard track team and stood well In athletics. He declined a position In the United States consular service to take up active work in the Northwest. CASE FOR JUDGE BURNETT Writer Arguments for Jurist' Election to Supreme Court. SALEM. Or.. Sept. 17. (To the Ed itor. It has been said that Judge Geo. H. Burnett, of the Third Judicial Ils trlct. who is now a candidate on the Republican ticket for the office of Su preme Judge. Is opposed to the direct primary law. the Initiative and refer endum amendment to the constitution of Oregon, and generally opposed to the system enacting laws by direct vote of the people. All this has gone so far that it Is said that if he is elected Supreme Judge, he would hold tWese laws unconstitutional and void. It Is not Intimated that these attacks have been made under the authorship of any of his worthy opponents, but a great deal nf this talk has been heard, and it Is for the purpose of correcting this error that I am asking for a little space in the columns of The Ore- gonian. Judge Burnett has been known a long time In this district and state, and the statements complained of are unfounded and unreasonable. It cannot be expected of any candl date for a Judicial office, to declare what or how he would decide a par tlrular case Or construe a particular law. Judges are supposed to with hold their decisions until - they hear both sides of the case. Perhaps the Judge does not know what view he will hold, until he has heard the case. Judges who decide rases before they hear them, are not Judges at all. they are unworthy the name. One can some times tell how a Judge stands, by his previous record. In reference to these laws. It la a matter of record that Judge Burnett has upheld the constitutionality of all these laws above referred to. even the local option law. The cases of the State of Oregon against the Standard Oil Company, and Wells Fargo Company, heard before Judge Burnett. In Marlon County, were brought to collect the li censes from those companies on their gross earnings under th nlttatlve laws of 107. The defendants attacked those laws from every- possible-direction, in cluding foe alleged invalidity of the Initiative and referendum amendment to the state constitution. Judge Bur nett decided against the defendants In both cases, and upheld the law. A later case Is the Broadway bridge case In Portland. In which he susiaineo tin people In their legislation about the proposed bridge, and swept aside all objections against the Initiative and referendum amendment. In another case, the State of Oregon against the Corvallis Eastern Railroad Company, he sustained the Railroad Commission, and assessed a penalty upon the rail road company for tefuslng to build a depot at Lyons, as ordered by the Rail road Commission. Such nas been Judge ilurnett s uniform course, wherever political bondage as possible, and with full credit to the record of every candidate. If Judge Burnett can win out openly and upon his true merit and that alone. we will have to acknowledge him as the best man. FRANK HOLMES. The validity of the Initiative and ref erendum Is hardly now an issue in any Oregon Court, nor can It be. A case now before the Supreme Court of the United States was taken there for the purpose of testing the constitutionality of the Initiative. When this case shall be decided there, every Jut'ge In Ore gon will know the law as to the Ini tiative and must ' construe it accord ingly. Prenaratorv to a session of the United States Court of Appeals for the Ninth circuit. Judges Ross and Mor row, accomnanted bv Meredith Sawyer, deputy clerk for the district, arrived in Portland yesterday. Judge uiiDeri, of Portland, will preside at the session, which convenes Monday morning. Judge Wolverton. of the district court of Oregon, has been designated as as sociate Justice of the court of appeals, If his assistance becomes necessary. During the term a number of im Dortant decisions are expected:, lion day being decision day. The court cal endar Is as follows: The Northern Pacific Terminal Com pany vs. The united stales, uoipn, Mailory & Simon for the plaintiffs, and John McCourt for the United States. Jr'iilton Appears for McLeod. In three following cases G. B. Mc Leod Is the plaintiff against the Gov ernment, and Is represented by Charles W. Fulton, while the United States At torney for Oregon Is looking after the Interests of the Government. Argument will be heard in the case of Helen A. McClure. and others. against the United States. Piatt & Piatt representing the plaintiffs. A personal damage case of V irgil K.. Poland against the owners of the steamboat Ruth, will be the last case on the docket. H. B. Nichols and New ton McCoy will appear for the plain tiff and Snow & McCamant, W. W. Cotton and A. C- Spencer for the steam- 1 boat men. The court comes to Portland after holding a long session at Seattle, and will probably remain In session for three days. The next term will be held at San Francisco on October 3, at which time an extensive calendar Is to be disposed of. Jurisdiction Is Large. The Jurisdiction of the' Circuit Court 1 of Appeals for this circuit is the most extensive In the United States and ex tends over California, Nevada, Oregon, Washington, Montana. Alaska, Arizona nd Hawaii, and also over the United States Court for China, created by the act of June 30, 1906, under which act United States Courts are now held in that empire at Shanghai, Canton, Tient sin and Hankau. CLUBS TO HAVE REUNION Southwestern Washington Commer cial Interests to Attend in Force. Manager Chapman, of the Portland Commercial Club, went to Goldendale yesterday to attend the Klickitat County Fair and when there will con fer with the business men in regard to a meeting of Southwestern Wash ington Commercial Clubs at Golden dale October 11. The meeting of the various commer cial clubs will be largely attended. The North Bank road made arrange ments to run special excursions from both the Eastern and Western parts of the state. A special train will be run from Portland and a large number of Portland business men have an nounced their Intention of attending. FEW DAYS' RATION $1000 Interest Bought In Business Fails to Please Purchaser. One sack of potatoes, a box of ap pies and a few onions, says If. B. Rlf fie. were all the apparent assets of business In which he purchased a one third Interest for $1000 from Robert Kennedy. Mr. Riffle responded to an advertise ment, offering a share in a thriving commission business, guaranteeing salary, and stating a preference for one familiar with the handling of farm produce. He met Mr. Kennedy at 205 Washington street and was persuaded to Invest 11000 in "The Producers' Com mission Company." He was told that his salary would be $100 a month Later he learned that all the assets of the company were in the hands of the Portland Brokerage Company and that Kennedy owned nothing. The promoter was arrested yesterday afternoon by Detectives Hellyer and Moloney and was placed In Jail under $5000 ball. Chemical Plant Set on Fire. OMAHA. Sept. 17. A lire today de stroyed th'e plant of the Western Chem leal Reduction Company In East Oma ha, causing a loss estimated at $100,000, with $48,000 insurance. The Are Is be lieved to have been Incendiary, as It is said to have started in two places at the same t'me. FIVE-GENERATIONS r: LIVES IN PORTLAND. 7j FAMILY AV.-$ V ? 4 J a. ; Mrs. Barak J. Baldim, Ace 3t Cheater R. Clark, aae 23t Mrx Millie M. Clark, Aae 44 la froat, Mrs. Aagellae F. Catchiag, Age K5, and Chea. ter fclwlll Clark, Age $H M oaths. One great, great grandchild. 1! great grandchildren. 27 grandchil dren and 13 children that Is the record of Mrs. Angeline F. Catching, age 8S. of 185 Sixteenth street. Portland. This pioneer woman is still well and active. At the age of 14 she was married in Kentucky, where she was born, to John C Catching, who dl-d In Oregon many years ago. Their first child. John. w born on May 30. 1840. In 184S Mr. and Mrs. Catching, with their three children, left Ken tucky in a wagon, drawn by oxen, bound for Oregon. They arrived in Oregon the next year and settled on a donation claim near Forest Grove, where they lived until the ceath of Mr. Catching. Ten children were born on the farm at Forest Grove. Jlrs. Sarah J. Baldra. the daughter, and Mrs. Mlllla M. Clark, the granddaughter, were born In Washington County. Chester R. Clark the great grandson, who Is 22 years old. and the baby. Chester Elwill Clark, the gjeat-great grandchild, who is four . months old. were born In Portland. Mrs. Baldra is 3 years old; Mrs. Clark 44. Strangely coincident In the life of Mrs. Catching are the number of notable events occurring during the month of May. some of them follow: Married May 15. 1839: on John born May 30, 1840; started for Oregon. May 20, 1845; William born May 27. 1858: mother died May 2. 18; first grandchild born May . 1877; great grandson born May 13, 1888; great granddaughter born May 7, 1910; great, great grandchild born May 18. 1910. CUT OUT THIS AD IT WILL NOT APPEAR AGAIN Kick .Easily rag ateci Land ONLY $4.25 PER ACRE CASH INCLUDING PERPETUAL WATER RIGHT TO BE SOLD FOR $45.50 PER ACRE WORTH $200 PER ACRE At a Public Drawing Under the Provisions of the Carey Act of Congress and Under the Supervision of the Idaho State Board of Land Commissioners AT MOUNTAIN HOME, IDAHO, OCTOBER 5, 1910 Similar land and water-rights cannot be bought in the Yakima and Wenatchee Valleys for less than $250.00 per acre. This is rich, level, ea.sily irrigated volcanic ash land, and the price is only $4o.50 per acre, of which $4.25 per acre is cash, balance in nine "on or before" annual installments, -with interest at 6 per cent. The REASON it will be sold for $45.50 per acre instead of a higher figure is because that price was fixed by the State Board of Land Commissioners of Idaho, and the purchaser GETS THE PROFIT. The land is in Owyhee County, Idaho. The Oregon Short Line has surveyed a line of railway through this tract. The climate is similar to that of Northeastern California and is very healthful. It is a fine apple, pear and peach country. - , In Southern Idaho the average yield of the following crops on irrigated land is: Oats, 96 bushels per acre; wheat, 64 bushels per acre; potatoes, 378 bushels per acre. A person should pay for his land with one crop. A person can get title by cultivating and irrigating at least one eighth of the land he takes and residing on it for about thirty days. To participate in the drawing a person must register before Octo ber 4, 1910, and deposit $4.25 per acre for 40, 80, 120 or 160 acres. If he docs not select land his money will be returned at once. He can locate in person or by an attorney in fact. GR ASMERE, the TOWN of OPPORTUNITY ' Openings for Hotels, Banks, Business Houses and for Business 'and Professional Men. i THE COMING CITY OF SOUTH WESTREN IDAHO Located within a mile of the above land and in the, center of the 47,000-acre Carey Act Irrigation Project of the Grasmere Irrigation Company. . . GRASMERE will be the CHIEF TOWN and distributing point for overl0,000square miles of land in Idaho and Nevada, which contains a vast public stock range and one of the richest gold mining regions in America. It will also be the distributing center of a LARGE NEW IRRIGATED COUNTRY. DRAWING FOR LOTS CORNER LOTS, BUSINESS LOTS atD RESIDENCE LOTS IN GRASMERE WILL BE SOLD AT A PUBLIC DRAWING at Mountain Home, Idaho, on October 5, 1910 . Similar to a Carey Act Drawing For a uniform price of $50.00 per lot. Terms: $20.00 cash, balance in one and two years; 5 per cent discount where all cash is paid. Some lots are considered worth $500, and it is believed every lot is worth at least $50.00. Everv applicant gets a lot or "ets his. money back at once. "LOTS ALWAYS INCREASE IN VALUE IN TOWNS SUPPORTED BY IRRIGATION." Full information, circulars, Powers of Attorney, Maps, etc., about the Irrigated Land above, described, and information about Grasmere may be had by calling On or addressing - The OWYHEE IRRIGATION CO., Ltd. 32 1 NEW YORK BLOCK, SEATTLE, WASH., or MOUNTAIN HOME, IDAHO In answering this advertisement please mention The Oregoriian. 2 RAILROADS ARE SUED o. It. & X. AXD SOl'THEKX P.V CIFIC ARB DEFENDANTS. land made a most romantic and beauti ful setting for the ceremony, which was witnessed by intimate friends and relatives, including the parents of the bride. Rev. E. H. Mowre, pastor of the Methodist Episcopal Church, South, officiated. Miss Kendall is the youngest daugh ter of Mr. A. G. Kendall, president of the Farmers Exchange National Bank. San Bernardino, a Wellesley graduate and a social favorite in Southern Cali fornia. Mr. Miller Is a University of California man, "00, Is largely inter ested in San Joaquin Valley real es tate, and general manager of the Edi son Land & Water Co.. Los Angeles. Mr. and Mrs. Miller left on the Shasta Limited last night for their future home in the South. Tokio. the capital of Japan, covers :'.n square miles and has 350,000 houses and 2.OO0.OOO people I. Huff Alleges Delay In Moving Hogs and Says He Suffered Damages. In an amended complaint filed yester day against the Southern Pacific and O. R. & N. companies. D. I. Huff accuses the two railroad corporations of gross neglect and unnecessary delay In the shipment of a carload of hogs from Carlton. Or. to Portland and the Kenton stockyards. and as a result of this treatment Huff mys he was damaged in the sum of $1.1 on the hogs and for a further cause for action he declares that he suffered mental anguish to such an extent that he should be entitled to $10,000 damages. The plaintiff alleges that he delivered 52 hogs to the Southern Pacific Com pany's car at Carlton. February 22. 1910. for the purpose sf shipping them to Portland. He declares that he prepaid the. freight charges and that the com pany was to ship the stock at once. In stead, however, the car did not leave Carlton until 2 o"clock the following day. says the complaint, and did not arrive in Portland until midnight on that day He says that the O. R. & N. Co. re fused to deliver the car at Kenton until the further sum of J7.60 was paid. Upon protest, he says, he paid the extra freight charge. When he tried to unload the stock, he alleges, he found the car In such a position that he was unable to remove the hogs. He avers that the company would not move the car so that he could unload his hogs unless an additional sum of $3 was paid.- After an appeal to the Oregon State Railroad Commission, says the complaint, proved futile, the plaintiff paid the extra charge. The complaint states that it toek 48 hours to ship the hogs 45 miles and that they loe In weight ana were reduced to such a condition that he was unable to sell them for more than $260 when he should have received J1575 for them, causing a 1089 of $1325. WOMAN ROBS LUMBERMAN Palmer Citlxen Loses $1040 When He Meets I'nknown Female. C. F. McCarty, a lumberman from Palmer, Or., reported to the detective bureau yesterday that a woman whom he met near the Oregon Hotel Friday night robbed him of his pursue, contain ing a certificate of deposit for $1000 and $40 In gold. She overlooked $30 in the same pocket. McCarty could give no description oi the woman. He stopped payment upon he certificate, which was Issued by the First National Bank. Italy Profits From Lotteries. WASHINGTON. -Sept. 17. A profit of about $9,000,000 accrued to the Italian government last year through the na tional lottery, run under government control. The total lottery receipts were nearly $16,600,000, half of which the state paid out In expenses and win nings. The lottery business Increased more than $500,000 over the preceding year, according to a report by Consul General Smith, at Genoa. Miller-Kendall Wedding. A very pretty wedding took place esterday afternoon at 4:30 at the resi dence of Mr. Samuel Gordon Reed. Vista avenue, Portland Heights, when Mrs. Reed's sister. Miss Georgiana V. Kendall, of San Bernardino. CaU was nlted to Mr. Clinton E. Miller, of Los Angeles. The home overlooking Port- THE SWITZERLAND OF AMERICA m (GIMA HEIGHT A New High-class Restricted Addition to Portland Heights Destined to be the aristocratic residence section of the City of Portland, on the west side of the river. No bridges, no delay and no rough district to pass through. . The Magnificent Panoramic View of the City rivers and mountains from this property is unequaled from the beauty point of view. Every drive and bou levard has been carefully contoured, every site laid out so as to preserve the beauty of the landscape and scenic effect, besides adding greatly to the parking idea, so greatly admired. "VIRGINIA HEIGHTS Joins Paved District on Council Crest, is only four blocks from present carline, 20 minutes distant from the business center. This district is now being graded and payed, sidewalks laid and sewer and water systems installed. All improve ments, including lights, phones, etc., guaranteed. History Will Repeat Itself Here Portland is destined to become a city of millionaires, and the many sightly residences already loeated in this district assure for all time the character and future of this property. The palatial residences which our future kings and princes of finance will erect will look upon the City of Portland from terraced heights, as of old, and will rival in grandeur and magnificence those of historic European nations. Have-a Thought of the Future Do you realize that the time is coming, arid very soon, when the entire level West Side district and all of the close-in East Side of Portland will be given over to business purposes f BUY NOW in a district which is close in and already, has the stamp of present and future character. Building Restrictions $3500 to $5000 Property limited to residence purposes only, and cannot be owned or controlled by other than the white races. During Opening Sale 10 Discount Select a homesite now in this beautiful new addition, at half the price you will pay one year hence. Prices $1500 Upward Your Terms Take Portland Heights car and gel off at our office on Council Crest, and our representative will show you the property; or call our office by phone and make appointment to see property by automobile. Values Will Double in One Year JOHN F. SHARKEY Go. M 5504 122V2 SIXTH STREET A 1550