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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 28, 1905)
JTinfTcaECOU paily-snal, Portland. Friday i:vi.::ii.c. yjzjz u i '1 ' .. 1IKE. IVATER if" i EQUITABLE LIFE California In Celebration at Fair PollcyHotder$ Allege Fraud 'and . . Mismanagement In .Con S';'U duct of Society. ' V Tomorrow Will Have Cas- cade" of plaret. REPRODUCTION OF GREAT WOULD WIND UP AFFAIRS- - , YOSEMITE VERNAL FALLS OF INSURANCE CONCERN -h .--tV ' Scandinavians. Columbia County and A;' Directors . Said to Be Illegally - People From " Southern Part of , ' Elected Funda Illegally Watted ;' Oraft Chargea Made Against Of iiciala ikforaja Ja Destroyed. ) V Ooldq State Will Mk Things ' Uvely at the Exposition. .". M -l)d ijJL- 'jJ.- i i inini i re i i m. , '!'. . V ' ..... . V J - The attendance at tne x por tion (this .forenoon was 7.141, which trill noUafreet the average of the put week either way. No special events were scheduled for tha dar. - w , '.; The was a alight failing orr.e In tha attendance yesterday;, tha total admtaalona war 16.43 J. To-. ; morrow ahould ba a much larger ' , crowd--with .the Scandinaviana, e) - Columbia cbanty and. aouthara .4 ", ' California delegations in attend- . ) . ,e,snce.. w 'a: -Vv ; ' " ; ;J This" la tha ava.of a. busy day at the ' exposition. ' The - Scandinavians will dominate tha fair grounds tomorrow ' with two big apodal events tha Brat a pro tram of xarclaea in th Audl , torium at I o'clock and a concert at , I o'clock tn th evening in the earn building, when it la expected 'that av er! thouaand 1 will be present fhay Will coma from all .parte of Oregon and Washington. Th afternoon-"" program" will be aa fellowa: v - Music, Administration Jband;- Intro- duetory remarks, "Rev. C J. Renhard; welcome. Governor Chamberlain; vio lin solo,', alias Elsie tau-aon: addrwas. ' JTofessor J. N. Kildahl. vocal solo, "Mitt . t bjerte og min Lyre" Miaa Lilian Mar-' , aaret Elaan; add rasa, Profeaaor Kriatian . Anker; vocal. "Skin- ud, du blare sole-Itln,-. Mr. . dla Lund; address, Alfred aalln: violin aolo, Caprice," Professor '.Theodore Ldndberg; address, Profeaaor . Erneat PlhlbJad; song, "America," au dience. - , ;! . . - , I. Following ia th concert program: . , Sons, "Hor oaa Svee" (O. Wanneberg), United Male chorus; piano aolo, "Hun garian Rhapsody No. -i" (K. Llaxt), Madam. Fernanda - Hansen; song,.. () TJanevog.?. b "Kong v. KrlaUan stod ved hojen Meat! Bethanla . Panlah church choir; song-, "Vert Land" (J. A. Joseph son). ' Swedish r- flinging society, 1 .'Everett; vooalsolo, "Were I a Star" j(Hawley). Mla LmialnUargaf ef-Elsenr . aong, uruaeraeroaa- (ti. Kjonur), Nor - wglan 81na1ng aooiaty, "Maaltraaten," Taooma; violin aolo, Miaa Elale Laxaen; ' ong, "Sangarmaraoh, B. 8..C. 1Colum bta," Portland; piano aolo, "Rhapaody No. " (Llaat). Profeaaor Oacar Lof gren; Vocal aolo, Mrs. -O. M. Jonaen; aong, "Brollopa Marach,". Swedlab Slng , 'Ing society. Seattle; - vocal aolo, (a) "Bland FJellan,- ib) aelectlou, Mrs. Edla 'Lund; song, Swedish Singing society, i Ban Franclaoo; . ytolla aolo, (a) , "Ro- s - eti'itaj "W'aitt.ni iflniilj: iiigaiiaiiiaallaa' h 4 w 1 x'aWtoxil' A'f- al Svea Singing Society of Seattle to Take Part in tba Scandinavian Day xerciaea at the Fair Tomorrow.; manee." tb) HungarAn Dance," op. 14, Profeaaor T. Lindberg; song. "O. Bvar er denne aften Bmuek," Norwegian Staging aocietv, Tacoma; song; "Bjorneaorga . : r ' j Oallfomia'a WiaafaU. Southern California also will have its day tomorrow- Beginning at It o'clock DeCaprio'a Administration. . band will play concert at th state building. - At 11 o'clock there will be axerclsea, which 'ill Include an address of welcome by President H. W. " Ooode. and reaponaes by Or. F. C Lamb, Loa Angeles; Judge Waldo " Tcrk, paaadena; Robert M. Clarke. Ventura, and a D. Adums. Ban Bernardino. ,i - An informal reception ta Californlans (general public excluded) will be held In th parlors-of th building from t to -4 o'clock. - Los Angel county will .distribute 10,090 oranges to tha visit- ors, and Ventura, county will give away small bags of lima beans and sugar aa souvenirs. . . ... Th great featur of th California celebration. ' fcowYr, will be a caaeade of California red win over aa exact reproduction of th celebrated vernal fella of Toaemlt valley. There wlH be 1,400 gallons sn hour in th demonstra tion, which will prove a unique featur of .th fair, r " : ..- 1 ' Oolumbia Will Welooma Tlattors. , ; Columbia" county will tell the exposi tion visitors tomorrow at th Oregon stats building at., t .o'clock' about th opportunities to be found there by home- seekers. An attractive program has been arranged by E. H. Flagg and Miaa Nora Conyers, who are . in charg of th county' booth, as followe: - Address of welcome by President Jefferson Myers of th state commission, response by Judge T. A. McBrlde of th Fifth Ju dicial district, vocal solo by Miss Mary Watts of Scappooa, piano aolo by Miss Bessie Hattaa of St. Helens, violin solo by Miss Annie. English of Clatskanle, music by th Administration band, re ception at which loa cream, cake and punch will b served. . '. . i ftV. M. Panuael Tterts Portlasd. . , ' L. H. PammeL profeaaor of botany at th Iowa Stat college, arrived yesterday and in .company with acquaintances mad a trip to. Hood River this morning.. ; r.lAYORCANTSTOP POOLSELLiriG Has No Authority: to Interfere VVIth Gambling at Irving- -ton Track.; ANNOUNCES THAT HE . V . T WILL KEEP HANDS OFF City Attorney and Chairman of Po llca Committee Inveatigata Legal Phase of Controveray and Decide ; It Ii a.Sute Matter.' .. ' ; , 4 Mayos Lane ' this morning announced- his intention or keeping ."hands off" In tha poo issuing controversy at Irving-ton track. , Mayor Lane'a dnnouncament ' was th result- of. careful investigation nto the legal phaaea of th question by th eity attorney, th chairman of th po lice commission and th executive him self. - . "I am advised that tha city of -Port land baa no ordinance, .authorising its 1 - -- p 7 SUIT S i raj. 0UTING-SU1TS-F0R VACATION ' Rough and ready wear always look weH--always feel well your size is here. We never carry our goods from one season to the other, therefore these v , : v v : ; CLEARANCE SALE PRICES SUITS that were $18 and $20. . - ' 'ig U' gf Clearance Price . , I. ........ 4 1 t4aU U; SUITS that were" $15 and $16.50. ' -4 V Q C f Clearance Price. 4 1 1 .Od . SUITS that were $12 and $14. ; - ; "a q V Clearance Price. ...POOD i SUITS that were $8 and $10. , "t j Q C ' - , Clearance Price. . . . , .OiJ S . lJji fftA HATS-Now.;.....-....i5.06 S?22 NESOFT HATS-Now .,2.35 " ... $1-25 NEGLIGEE SHIRTS-Now. ..... ... 85 , , - 75c NEGLIGEE SHIRTS-Now. . . . . 4 . .45? - ; : $30 TROUSERS-Now. . .. . . . . . . . . J 82 35 V ; 2Sfov---v'i-"" .'isles ' (U: ? ; $2.00 SUMMER VESTS-NbwK. ....... .$1.25 yt 50c; UNDERWEAR Now.. . . . . .i.T.39? " -You'CemnOt'AfFord loPutOff Buying It Will Be Your ' . uuu iu vuuie ncre OOOu. 166165 Third Street, Near Morrison n making such a decision I am act' lag on th- advlc of th city attorney and th chairman of th polio commis sion. They have Investigated th mat tar carefully sad reported that I am hot empowered to take action in th matter. , . I "W have toe many things to da lust now la th way of regulating Portland to interfere in affairs In which we are advised w have n authority.". ... Argument on the injunction -which Captain pncer asks th circuit court to issuer against th. sale of pool a at tn trace - will MAfldra at 10 o'clock tomorrow t morning before ,Jresldlng juag rraser. uy agreement th erim inai actions brought-ta th nolic court against President Diamond of th Mult nomah Fair association and tha book maker at the track- will be postponed until Monday hy Polio Judge Cameron. It la not anticipated that the polio court cases wilt causa th directors of th association much trouble and they will ' probably be dropped after a de cision Is givon by Judg Fraar. At torneys generally express th opinion that .by licensing pool sell lag th city has revoked its rights to prosecute th defendanta. -j , ' t ' Aa regards th droult court 'the most Important question le What affect aa appeal, in case of aa adverse decision," will have -on tha immediate sal of pools. ' Tb defendant association ex pects to prove that th nuisance law. iiv- roked by Sheriff Word In' cloalng th Varwick poolroom In th city, does not apply ta a racetrack. . . .. r It 1 "Contended by th complainant that tf Judg Fraser decide tha sale of pools ta be against the law and aa Injunction lasues. It will take effect Im mediately, despite an appeal, and that th state supreme court is 4i only tribunal which .can grant tha associa tion relief. ,. -,. On tb other hand, th director of tha association maintain that aa appeal te tha aupreme court wlU act aa a stay of execution on th Injunction If accom panied by a bond, t r ' . mayor ta take a hand in preventing th selling of pools in thla citv." he said. -It la a matter mr te st.t vt p ihy tba nnnn anmnnrimani- dpi, was re- there was nothing Illegal in his eon templated operations. J . Biggs Warned him that he must make no contract for the purchase of the claims. , - r -I never supposed . or . bellvd that any of these people were' swearing falsely i in v making their. ' applloatlona,' said Oesner. "If I had Supposed that they war committing perjury, I would have had nothing to do with tha bus! ness." In answer to question of counsel Oesner said that he .'advised Campbell Duncan to relinquish hia claim, fearing that there might be trouble "How did you sat that Idear" asked Bennett. "Oh. rumors rumors," replied tha witness.-"- ' re -' "Was the report current that It unlawful to loan ou timber, claim! T";; nres. I think It wae." . ' ' Dr. Oesner - denied many statements mad by witnesses for th govsrnment aa to alleged - conversations concerning timber claims, but, only fragments of his testimony was audible to any but theluryt-' . ' '..'' ..,..-(.., WUUaasoa's Saara. . On cross examination District Attor ney Heney questioned the witness close ly as to when he first told Williamson of the loans which he purposed to make to entrymen. Oesner said that he did not think he told Williamson of them until July. He admitted, however, that since Williamson was in Prlnevllle In June, as -th prosecution- had estab lished, they might possibly have talked the matter over then. Mr. Heney interrogated Oesner aa to operations In school lands by William son and himself, through Bogga, In th ummer of l0t. but this Un of qua- tlonlna waa soon cut short by the court. Th ercsa examination waa- interrupted (Continued from Pag One) shall also have a right to go Into this subject," hs explained te the court. 'We offer this testimony." said Judge Bennett, "as throwing light on tha pur pose of th defendants and their desire to get control of the rang so as to pro tect themselvss from th cattlemen. Judg D Haven said that be was dis posed to give the defense all possible latitude and would therefore overrule the objection. The ruling opens the way to tb introduction of evidence by the prosecution in relation to the sheep-killing troubles. If the district attorney de sires to do so. . . . Dr. Oeaner said that many sheep had been klUed In tb vicinity of Prlnevlll, by tha' "t9-0 'men,", -who-' traveled la bands of 10 or 10, wearing masks. When they found a herd of sheep they would tie the herder, put a sack over bis head so that he oould not aee, and then they would shoot tb sheep.. Bora of WU- liamson'a and Oesner1 a sheep bad been killed In this way. ; . The cattlemen refused ' to recoguls th rights of lessees from . th wagon road company. .'-., They establlahed a deadline " said th witness; "and whenever they took a notion 'that they wanted more rang they would stick tip notloe changing th line. They wer changing th deed line constantly, j and several times notices were put up on Ihe lands which ws held." .. . Bid e land Bat as C-mteacV-1- Dr. Oeaner told of th loans which bs mad In the summer of 1001 on timber claim. He told the entrymen that he would loan them the money te prove up and would charge them no intereat pro vided they would give hint th great ng privilege until . th money was repaid. He . told them that when - they got patents, if they wished to sell th land, It would be worth to blm ISOO a claim. There was never any contract to pur chase the land and the entrymen wer at liberty to sell te whom they chose. Before making th loans Oesner asked th advice ( eoth Marion R. Bigg and & WBarAM and, b waa aeeured that sumed this afternoon. rroaeoatlon Xesta. '-t. Evidence for the prosecution was con cluded about 1:30 o'clock yesterday af ternoon, and though th attorneys fori th defense were very aesiroua zor an adjournment until this morning, Judg Ds Haven insisted that they musr pro ceed at once. ' ' i The last witnesses called for th pros ecution added little . that waa new 'to the governmmf a case, except for th testimony of W. 3. Burns, who told of his efforts to .locate Ernast Starr, the missing witness, who disappeared in th fastnesses of th -Cascade mountains Starr la the -nephew-of Congressman Williamson and ia supposed te have taken to the mountains in order to es cape testifying for the second , time against nia unci . , - - Tha Proceedings were somewhat en livened when ,111m . Pearl Vanderpool. a young lady with. a fetching- smile, flashing black eyee and' a memory not at all reliable as to facts which might b damaging to the defense, was called to th stand by Mr. Heney. Miaa Van derpool took up a timber claim ta Au gust, loot, - Some weeka previous to. this she and Miss Olaxe had a talk wlthj Biggs, : who advised them to file oi claims, but .the wltnee waa unable te remember any of the details tf the con versation.. . Most of Mr. Heneye ques tions were met with the smiling assur ance that the witness "couldn't remem ber She flnsUy admitted reluctantly that Blgga had told her something to the effect that she could make 7t by taking up a claim and that Oesner would lend th money with which, to ' make proof. ; i . . , i . . Went to Theatre With Bigg. Mr. Heney elicited the fact that Miss VandeTpool had called severjrttmon Bennett and Wilson at their rooms in he Imperial, but when be asked whether shs had been instructed by them not to ten what she knew, . the black eyes flashed and she snapped out the reply i .: "No, sir. I was notr" -. , "Haven't yon said to others that you were told thatr Ho, sir, I have not, said Miss Van derpool with emphasis.-- . "Haven't you been to the theatre with Mr. Biggs since this trial begun?" naked Heney. ."'.": The wltnesa admitted that she had, and In answer te further question she acknowledged that she had been to th Imperial hotel aeveral times to aee Con gressman Williamson. After your talk with Bigg la 14S about taking up a timber claim didn't you take a- buggy tha same- afternoon and drive out to look at the claim f With ' fine clearness of reoolleetlon the witness replied: . . o , Tt wasn't afternoon,- It . was la the morning." . ;.-. . , . , "Then yen did drive out to eee the clalmr -v '-., 1 ' t'. "Tea," admitted Miss Vanderpool, and then ahe "became forgetful once more and no-more Information could be secured from her..' . ; "... ',4 i, j.--: '1 Old Testimony (Bona Over. - . Irvln Blttenhouse, Mr. Honey's sten ographer,, was placed on th stand to testify to admissions mad by Oesner end Biggs in the former trial."' Judge Bennett objected to such evidence, ut was overruled by th court. Rlttenhouse testified that Oesner had stated on the former trial that Williamson was not In Prlnevllle in June, 1901, and that th first conversation between them rela tive to locating people on timber. claims waa in July.', . .. . . .:. The wltnese also testified that on the former trial -Blags stated -under oath that the only time he bad talked with Williamson - relative to timber claims was whea th latter came Into his office one day and said that be had the tim ber erase and wanted to take op a claim. Rlttenhouse also stated that Biggs bad testified that he had never dreamed that .Williamson was tn the deal with Oesner. ' . A large part of. the afternoon waa occupied in reading from the testimony of the former trial.-'- .. . . A loon to travelers. - Dr. Fowler's Ex tract of Wild Strawberry. Cures dysen tery, -diarrhoea, r eeaelckneaa, nausea, pleaaant to take.. Perfectly harmless, , ' f IJoeraal Speelsl BerrkM.)' I' New York. July II. An amended com plaint to a suit filed last April has been filed In the United States clrouit court for the Southern New Tork district by policy holders of the Equitable Ufa As surance society - to throw the entire 1421.000,000 of assets Into ths hands of receivers that it . may be administered as directed by the court. i . J. Wilcox Brown of Maryland tiled the original complaint last April to com pel the distrtoution of the surplus fund. The amended complaint has been' filed by 44 other polloy holders as inter veners. They represent a doien dif ferent state. -In th chargea are incor porated many citations from th Frlok and Hendricks reports, alleging that th aooiaty has been, guilty of gross mis management, in syndicate transactions. that unreasonable salaries have beea paid, and that large sums of money be- longinar to the insurance funds were al lowed .to remain uninvested without adequate Intereat la banka and trust eompsnies In which officers and dlreo- tors-of -the society were stockholders. for the purpose of securing pecuniary cenent lor auca direct ore individually, - Ths complaint denies the election Of directors who are not' stockholders of the society and allegeaJUiat the purchase of th Hyde stock by Ryan la Illegal. Tb assurance funds held by the society It Is "asserted have been fraudulently ana negiectiy wasted and lost to the ex tent or many millions of dollars. ,It without a leeailv ehoaen hn&nl Ai- rectors and the real value of the prop erty held by it la unknown and apecu- latlve. . x . i... ,,'., It Is declared that the business of the society is at a standstill. Its morale aa aa Insurance eooieta; la destroyed, and whatever business it may do will be st an enormous loss and- sacrifice on the present policy-holders, therefore a . re ceiver le requested to wind up the af fairs of the company. . v , . . AFTER MUTUAL RESERVE. TTendniie wtvm yafftrtMfl a Ta- by Baaaalaatv - (learaal Special aarvtea.1 Albany, N. TV July 11 Chargea are made against the Mutual Reserve Life Insurance company by Chief Examtaer Isaac Vanderpool In his reports sub mitted to i State Superintendent Hen dricks, alleging the concealment of Judg ments against tha company amounting to ltl.T(T, an exaggeration of tb aur plua by more than IIOO.OOO. and a fixed policy of delay in-settling claims. The report .'shows -In detail 'how -insurance amounting -at ana time ' to l,t JS.000 nnaiiy yielded its oenenoiariee H0,-IBI- the balance having been deducted for various alleged .violations At con tract by the Insured. - . , 1NE HOUSES - FOR THE : SATURDAY RACES , Seven . Race. at Irvlngton Tc&ck Tomorrow Are Riled With ' 'K ' Speedy, Nags.' ;tV The overnight entries for Saturday's races at Xrvington track show a number of fast horses that will start In th seven eventa. They are as follows: First race, four 'furlongs, selling: I- year-oldo Honest Boy. 17; Queenle K. is: smuer. 111: canton, t7 Isabeau, 101; Tolo Olrl. ll; Bala Cloud, . Second Race, 'five furlongs, the Ore- gonlan handicap, 1-year-olda, 'value $00 Santee, 16: Rain Cloud. 10: Axls- teuator, izs, - .., Third race, six furlongs, selling. 4- year-olda and up Bert Da via, 108; Dr. Bernays. !; Happy Chappy. 104i J. H. Bennett, 104; Haven Run, ; George carry, e; )jiraie jt4 - ; Meuaaaua, xvx; tjnueno, si; ataaaaro, ti. Fourth race, five furlongs selltna. -year-olds and upward Buck Cotton. -ive; air uirsitopner, lie; laureates, 101; Kimberiy, 100; Charles Lamar, 10; -Jtodolf o, 10f -Constansa .17; Bkirmisn. ioti uroano. ion Ml Hunter, 10T. ,,.',,. Fifth- race, one mila ' the Macrae handicap, l-year-olds and upward-St. Oeorge. Jr., 10; Epicure, 110; Follow Me, ioo; Judge, 107; Funny Sid. 101; Oloomy OuV. 101 Blissful. 101. Sixth . race, one mile and 10 rarda Belling, 4-year-olds and up Capable, ies; can-t Teu, T! Charlie Scbweitser, 103: calculate. : Ooldfinder. lot: Past Master, 10K Aalrad. 104: Walter 'lei; Annie vurx, 'loi. . . - Seventh race, seven furlongs, selling. year-olds and up Liberto. 100; Holly Berry, 7; Silicate,. 102; Mountebank. 1041 Blue Ridge. 107; Crigla, 101-, The Pride, 104; Tellowstone, lit; Profitable, 104; Lady KIspar, !; Eleven BeUa. 101; Rice Chief. It... . w '...j v.: SALEM MILLS RECEIVE - i v ! FIRST NEW WHEAT (peelal XMspateh te Tae JsaraaL) Salem, Of, July S-The first wheat of the new crop haa been received at the mill la this city from the farm of William Oorslins a few miles aorta of Salem. The wheat Is nbt of th beet quality, It being , somewhat shriveled, which is the esse with a great aeai or th wheat that 1 being harveeted in this section. In aoms fields, however, the wheat le turning out well and tha qual ity 1 first-class. - The dealers eay there will be It per cent mora wheat than last year. i- OS AMGELES C0UNCILMEN COME TO SEE THE FAIR Bernard. Healer and D. 3. Hille, mem bers of the Loe Ankeles city council, arrived thia moralng. . The oouncll le on Junketing trip, and will visit Portland and the Lewi, and Clark . fair. The other members are expected tonight. When they arrive they . will be enter tained by the members of the council of tala city, .who will rive a reception gad vases of dear euss vlth heavy bases flaring tops; '16 hclies liighe r : ;: Of coarse vyou lie flowers ill the houseeNeeil vases? cLook at these: L1I si . . ' v ... ..v " 1 ,,' CHOICE. OP FOUR PATTERNS Nine-inch Bowl and six five-inch Saucers. Prettily decorated Berry Sets of pink and green porcelain with, floral decora- ;:;:Ur, - . tions 'on bowls and aucers,'' r .r. v.-pgD SCT , pfit ,PEP SET m . atoilogy We wish to apologixe to the reader of Thtl Journal for not putting in more advertising matter about VERNON the last tew days. To tell the truth, we have been so busy selling lots and showing people over our beautiful site that," although we have three men in our of fice and an agent on the ground, we have not had time to write advertisements. We are fully convinced that if you have anything good for sale and will tell people about it through the columns .of The Journal you will be swamped with buyers, at least we' have found it that way. AlLwe have jsked. the readera of.The Journal.to daia to see I OS fX I V uuw ' I-1 A .- ' ... - . . ...... We say. very little about the advantages of our aite because we know people don't buy homes without seeing them. We have offers every day to trade lots in Vernorl for lots in some other part of the city, which ahows we have the best thing in the city. Price and terms seem to be a secondary considera tion to see .Vernon ia all that la necessary to make people want a home there, although we also give the best price and terms. Go out tp Vernon tomorrow afternoon Saturday and our agents on the ground' will ."SHOW YOU."; Jake Vernon car Second and Washington Streets;' ; "'a12 l Mb Phone Main 18 r V : ,z'U'l - 151tf . SIXTH STREET dinner In their honor. A committee to arrange for .the entertainment of the visitors haa been appointed, consisting of Councilman Yaughn, Sharkey and Races, Racea, Race The 1141 ' season of big events now en at Xrvtngtoa Park race track. . Six er more running racea- every - day except Sunday. Pint race starts at 1:11 p. m. 00 thoroughbred horses catered- COO. AU ears transfer at Second and Wash ington streets for track. . Admission (In cluding grandstand) too. -..., X A bigot Is a man who Is blind tn one eye and eaa only see one thins with the OthCBj Park and WaihtntfotV Portland, Oragoa t" "The School of QuaCtyM : MODERN, PRACTICAL, COMPLETE t . . Open all tb year. Cstslegna free -',. I A. P ARMSTRONO, LU PRlMCirAJ. -ft