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