THE OREGON DAILY, JOURNAL, PORTLAND, THURSDAY EVENING. ) APRIL 12, KZ3.
COUNCIL CREATES
phoiieo by the
.jlflD GREEN
OF
HDL1ITTED ril'JKEE IS GUILDER OF
: PRESIDENT
DEFRilUDlOG THE GOVEIilJLlEdT
THEIRS TOO
mm
Ml OFFICE
Two Washington Men, Convicted
Savannah Harbor Contractors, After a Spectacular Fight Lasting
Majority of' the Two Hundred
Walula Pacific and Columbia
Agents of Union Pacific and
Valley ' Companies Construction
Chicago, Milwaukee A St. '
Its Appointment of Bailiff to Po
lice Court, Lawyers Believe, Is
; ; Without Authority. ;
-Six Years, In Courts of Two -Nations, Ar Found Guilty t-
- 0f Timber Frauds, Are "
" Given Freedom.
-and -Thirty : Legislative Can
' didates for Statement One.
, and Will Be Sentenced Tomorrow.
Paul Railroad CompaniesClash of Gangs Imminent, f ;
GAY OR
CONVICTED
PEOPLES
CHOICE
10TII
ROD
HAD SERVED BUT TEN
MONTHS OF SENTENCE
F. M Barrett and F. W. Bone Were
Sentenced to McNeill's Island and
Fined by Judge Hartford Brokaw
Awaiting Trial at Spokane.. . :
, (SmcUI Dispatch U The Joorsal.) "'..'
. Seattle. Wash., April It. -P. M. Bar
rett and P. W. Bon, the only men con
victed . In Washington for timber lend
frauda. war pardoned today, by Presl-
deat Roosevelt. .The men ba served
It month! ot their one rear sentence
In the county Jail and the fine ot 11,000
. Irapoaed OB them waa ; remitted . t7
Roosevelt's pardon. ' Both men pleaded
" . guilty Uat June and Judge Hanford
aentenced them to serve one year each
in McNeill's island federal penitentiary
and to pay a tine ot 1 1.000. bat after
, ward the crowded condition of the-fed
eral penitentiary enabled the men te
' . have their eentenoe changed ts a county
; Jail eentenoe." ' . v, T-...
Barrett was formerly a prominent
- banker at Wheaton,' Minnesota, and
Bone was a well-known real estate man
la. Minnesota. -Tofrether with O. L. Sro-
kaw, Barrett and Bone hired an Italian
named Ptaclno at Spokane to- secure
Italians to locate en' timber lands near
Kallspsl,- Montana. 'The Italians were
1 . to pay $300 tor being located. Barrett
- care the Italian n.ooptract shewing the
Italians that he would pay H.000 for
each claim located. - '. ,
Thirty-five Italians took - up timber
' claims. Barrett held up the payment ot
fl.OOO unui. the Italians perfected uue.
. The Italians became dissatisfied, and In
formed government scents, and the fact
that the conspiracy waa formed at Spo
kane save the Washington courts Juris
diction. Brokaw tiled the day the other
men pleaded guilty. Be went to Hono-
- lulu? and a month aao gave himself up,
saying ha wanted to again es America.
He is now in Jail In Spokane awaiting
trial. Barrett's cousin, who Is on the
supreme court bench of Maine, .is be
lieved to have been Instrumental in se
curing his pardon.
ACID OREGOil PIOnEER OF
; 1854 PASSES AWAY
Jacob Hershberger Uved to See
Blazed Trails He Made Trans
formed Into Railroads
Bpeetal Dispatch te The" Joaraal.)
Jacksonville. Or.. April 11. Jacob
- Barshberger, one of the oldest, pioneers
or southern Oregon, died at his home
In Willow Springs precinct April C,
-aged 7r years. Mr. Hersbbergsr. was
born In Ury, Shenandoah county, Vir
ginia. March) 14. 181, cams to Oregon
-in -ISM -and had resided In southern
Oregon continuously. He lived to see
the biased trails which he helped to
make transformed Into railroads, and
meagre settlements into bustling cities
nd towns. He was a veteran of the
early Indian wars and served in the vol
unteer service against the Indians in
all or the early campaigns.
Mr. Hershberger was a widower for
many years prior to his death, his wife
Caroline, having died years ago. He
was a perfect type of the western man.
A son. George T-. of Gold Hill, and a
daughter, Mary, of Woodburn, . survive
him.
FIVE THOUSAND HOUSES
DESTROYED BY VOLCANO
... ,;.
(Jooraal Special Barries.) e
Naples, April 11. The latest . e
report shows thst S4S bouses e
were damaged at fVtMct- lt at :
- Ban Giovanni andTeTlucclo, 481 e
at Resina and 1,000 at Torre a
del Greco. It Is Impossible to e
ascertain the number at -Torre )
. Anmimlata. - It Is estimated that 4
i.000 houses were destroyed or
oamagea in the entire district.
A committee ' headed by the
the Duko of Aosta has collected
ltOO.000, 1100.000 of which was
. contributed - by - the government
for relief.
.1---
ACCUSED OF FENCING '
THREE THOUSAND ACRES
EmU M. Scharff of Monument, one of
the large sheep owners of Grant county,
la the defendant in an Indictment re
turned by the federal grand Jury three
weeks ago but not made publlo un-
, H today, when Scharff was brought to
Portland under arrest- He Is accused
of fencing publlo lands, in violation of
T federal statutes, and the Indictment al
leges that 1.010 asres In Grant county
were thus unlawfilly Inclosed, Scharff
was released on two ball. . .
Simultaneously with the indictment,
a bill for an Injunction to restrain
Scharff from maintaining his fences
around the public lands wss filed by
. U-Mted States District Attorney Bris
tol. ..:.. i .
CLAIM AMERICA AIDED
.' REVOLUTION OF JIMINEZ
loeraal Special Snln.)
Nsw Tork. April 11. Hearing of the
- suit of Joseph L. Cunningham to re
. , cover I2M00 for services rendered
General Jlmlnes In 1S7 while the lat
i ter was trying to overthrow President
. ,-Heureaux, canto up in the supreme
-court today before Justloe Fltsgerald
, end a Jury. It developed that the
L'nlted States government offiiai.
aided Jlmlnes In his filibustering expe
dition. If successful this country wss
to realise President Grant's cherished
hope of g coaling station In the Samsna
has. ....... , , V
At St. real's Charon, .
Oeed Friday services will be held at
ft Paul's German Lutheran church,
Xast Twelfth and Clinton streets, to
morrow s follows: Prayer and sermon
at 10:10 a. nv ; confession and holy com
reunion at p. m. The services will be
r-ond noted by the pastor, X Krauae.
(Josraal B pedal Berries.) -Savannah,
Oa., April 11. John P.
Gaynor and Benjamin D. Greene were
found guilty this afternoon In the fed'
eral district court of complicity In
the frauds committed by Captain Ober-
lln M. 'Carter, formerly of the United
8 la tea army, in charge of the govern
ment Improvements at Savannah harbor.
They will be sentenced tomorrow. They
were accused of defrauding the govern
meat of millions of dollars In harbor
Improvements. Captain Carter waa con
vlcted and served Ave years In ths mil
Itary prison at Fort Leavenworth, for
ina same onense. . -
The conviction of ths man Is upon three
Indictments, charging ombesslement and
conspiracy to defraud the, government
Captain Carter at finally discharged from
all connection with the case.
Greene is . ' a- Stanford, - Conneotleut,
contractor and Gaynor a politician and
contractor from Fayattsvllle, New Tork,
With Carter, they were Indicted for the
same offense. Carter was tried at the
time and convicted. Greene and Gay
nor gave ball at Savannah In 1000 when
the caae waa first pressed against them,
and when they heard that the verdict
had been against Carter both forfeited
their ball of 140,000 each and fled to
Canada. In - Quebec they defied the
United States authorities and thelong
est and bitterest fought . extradition
fight In ths history of ths two countries
followed. - ..' -.--.
Tamoaa XztradiUoa right.
Efforts lowers made by ths United
States secret service men to kidnap the
defendants after the Canadian . Judges
had decided that they could not be ex
tradited. Then the United States attor
neys appealed to the Judicial committee
of the privy council of England and this
court of last resort decided Gaynor and
Greene were amenable to extradition.
' The government in Its evidence
showed how Carter, then a young army
officer fresh from West Point, fell Into
the tolls of Greene aV Gaynor, - harbor
Improvement contractors. By working
upon Carter, by getting him into, little
aide contracts with - them and making
a little money for him, 'and then com
I1SPECT0R Mllli
CRIES FOR AID
Twice as Many Building Permits
; This Spring as a -Year ,
Ago, He Says. -
Building operations in Portland bare
reached such enormous proportions that
City Building Inspector Thomas Mann Is
unable to handle properly all the work
that devolvea upon his office. Ho has
asked for help and an ordinance creat
ing the office of deputy building in
spector and appropriating funds to pay
his salary was introduced at the meet
ing of the city council last night Tbe
measure was referred to the ways and
means committee . for investigation.
When the office of building Inspector
was crested in February, 1105, there
were on the average eight or ten ap
plications, for building permits a day.
One man could, by hard work. Investi
gate the plana aa they were presented
snd -make- Inspections -Of the buildings
while they were in process of construc
tion. ' The number of building permits
Issued this spring ts double that of last
year and la Increasing dally. It is not
aa Infrequent occurrence for II to 10
applications tor permits to be filed in
a dsy, many of them for large struc
tures which need constant inspection to
see that all the provisions of the ordi
nances are complied with.
At present the Inspector has little
opportunity to make outside Inspections,
his time being taken up with office
work. A deputy might do outside In
spections and the building Inspector at
tend to examination of plans. When the
headquarters of the Inspector- Is placet
In an office with that of the plumbing
inspector and the health department and
the building ' Inspector will be relieved
of much of the office work.
Lr M. ALLEY'S RESIDENCE"
DESTROYED BY FIRE
(Special Diaaatrk to Tb Joernal.)
Tillamook, Or,-April- 11. The resi
dence of l m. Alley at Garibaldi was
totally destroyed by fire last night The
loss Is $2,000, covered by insurance.
i'
'-l r'.
't ' '' ' "'. "''
d1 wis
Arranged oa three long tables In the
reception hall of the Elks lodge room
Is probably the finest collection of
steins that haa ever been gathered for
the eteln room ef any Elks' lodge In the
west - They are 144 In number and
vary In else from miniatures to tall
flagnns holding more than a gallon. In
material of construction there Is every
thing from wood te leather and metal
S -It :i
,Tf 4L...'4'.. . .'.forrt.j. li.-.nlli.'i. fi.'l HmMm''!!-
mencing to lend him money, In. small
amounts at first and then in larger
ones, they were enabled eventually to
own hlra. They led Carter to oeueve
that he was a man of great ability and
that he could. leave the army-and go
Into the firm on big contracts else
where.
The people of Savannah were artfully
Interested in securing a largo appropria
tion for their harbor and Gaynor Sc
Greene got the contract through Carter,
who falsified returns snd -otherwise
played into the hands of the two eon-
tractors wnen . payments negan upon
big contraots the profit was split by
Greene, Gaynor and Carter in equal
amountsi
Mow Bwladls Worked.
In advertising contracts It was shown
that Carter on $1,000,000 contracts cut
down the time and otherwise suppressed
competition so thst the , work went to
the Atlantlo Contracting company, of
which Greene, Gaynor and Carter were
the chief beneficiaries. Many obstacles
were thrown In. the way of other pros
pective bidders. - -From
11 to 1I9T" all -ths contracts
except one went to the three men. Often
the work went to a dummy firm aa a
blind. In the case of a single compet
itor who secured a contract the three
put the screws upon him with a aeverlty
that caused him to fail and so prevented
all competition, '
In the construction of mattresses set
forth in the speclneatioDS three designs
were drawn up, which It la stated, the
engineer in charge might require the
use of any one of ths three In carrying
out the work. One of these - designs
was much mors costly than the others
and yet contractors were required to bid
upon them together at one pries, vairer
selecting which he might see fit Then
Greene 4k Gaynor would baNglven the
contract because they had been Informed
bv Carter that ho would use the cheap
est style and had figured accordingly.
While the outsiders would have ngurea
upon the basis of a4 possibility of the
engineers choosing the most expensive
designs, which wjire specified solely to
keep out competition. . ; .
EVANGELICAL CONFERENCE
OPENS AT ST. JOHNS
Oregon Branch pf Church- As
.' sembles In Annual Session ;
7 Under Bishop Hartzler.
Thin morning at ff o'clock the twelfth
annual conference of the Evangelical as
sociation of Oregon, met In St John's
church. Bishop H. B. Hartsler presiding.
Following the opening devotional exer
cises, ths sacrament of ths Lord's sup
per was administered to a congregation
that filled the church. .
: Bishop Hartsler delivered the annual
conference address, taking for Ms theme
the needs of the shurch. Among those
presented by the speaker wag the need,
of men who teach sound doctrine; the
better Christian training of children, the
systematic use of all church forces, a
fores of aggressive evangelists and more
thorough training of ths church's minis
ters. The remainder of the morning
session was occupied ' with tbe details
of the conference organisation. H. A.
Beck of Salem waa appointed confer
ence secretary and Rev. A. A." Winter
of Portland his assistant -
This afternoon - Blahop Hartaler- ad
dressed tbe conference and after his ad
dress tbe delegates went Into executive
session. This evening Dr. Poling, presi
dent of Dallas college, the state Institu
tion of the denomination, will give aa
address.
GOLF MATCH ARRANGED
FOR PRESIDENT'S CUP
. ; ,
Ths handicap eommlttes ot the'Wav
srly Golf club announces the following
schedule of matches for ths spring
handicap tournament for ths president's
cup: , ,
. Qualifying Rounds April 14, II, II
and May 1 It holes, medal play, handi
cap competition; two lowest scores, each
Saturday to qualify.
Knockout Competition May 11 Four
matches. II holes, handicap match play;
four wlnnera to qualify for seml-finala
Seml-Flnals May 11 Two matches, II
holes, handicap matoh play.
Final May 1411 holes, handicap
match play. . :
' Myrtle Point points with pride te Its
111 votes cast at ths recent city elec
tion there. ' - -
ELK LODGE HAS FINEST STEIN COLLECTION
TT3
m Vv
X-iaf-t-a
8ome of the Costly Steins Presented
Nearly all ef them are either silver or
copper mounted, highly decorated and
cf odd and attractive shapes and de
signs. Ths accompanying picture shows
the tsblee sitting snd to snd. laden with
probably mors than 11.000 worth of
fancy steins.,
The steins are en exhibition In the re
ception hall, but will soon find appro
priate resting places la the stela room
MANY WHO HESITATED
SUPPORTING IT NOW
Majority of Stats's Votsrs Refuse
Support to Those Who Arc Not
Openly for Popular . Choice for
Senator. ' '' '
Complete returns from all 'Counties
in Oregon show that there' are alto
gether Sit Republican and Democratic
candidates for the state legislature who
will be voted oa In the coming pri
maries by the voters of their respective
districts. Of these ISO candidates 111
are pledged . unqualifiedly to. vote for
the people's choice for United States
senator. Of the remaining 14 candi
dates, 10 have modified this pledge,
usually by the proviso that -they will
vote only for a Republican, and 44 are
on the fence, having given no intima
tion -aa to the course they. propose to
pursue. :
No party lines have been drawn on
the Issue presented by statement No.
1. In Clackamas county, where there
are It Republican and 1 Democratla
candidate, every one of them has sub
scribed unqualifiedly to statement No.
1. Lan county baa nine csndldatss for
the lower house, four of them Demo
crats and five Republicans. All are
pledged without qualification -to vote
roe the people's choice for senator. In
Yamhill county ovary candidate, with
the exoeption ot one Republican, has
signed statement No. 1. .
All over the state candidates have
been compelled to reoognise the ina lat
ent demand of the people that the next
senator shall be the maa who received
the popular vote in the June election.
In a number of eases Candida tea who
had originally given no pledge on this
point or had given some modification
of statement No. 1 were forced to
amend their petitions and eomo out with
a positive pledge to .vote for the peo
ple'e choice for senator.
In Clatsop oounty- about 100 voters
agreed .among themselves early la the
campaign that they would not vote for
any candidate who had not subscribed
to statement No.-1, and the result was
that with a single exception eveay can
didate pledged, himself to observe the
people's will. As ths significance of
statement No. 1 becomes more gener
ally understood, the sentiment in favor Y
of it grows constantly stronger. There
can be little doubt that a majority of
the members of the next legislature will
be under pledge to elect as United
Statea senator the maa whom the people
shall nave chosen. - .
ADMINISTRATOR MAY HAVE
' TO .60 TO JAIL ;
Charles E. Lockwood Ordered to
Produce Certificates of Do--.
posit Does Not Do So.
Charles B. Lockwood. administrator
of the estate of Richard Lynch, must go
to the county Jail -for contempt unlesi
he obeys tbe order from ' Judge
Webster's court to make, an accounting
for a certain certificate of - deposit
Issued in favor of the estate by the
Herchants National bank. Judge Web
ster thla morning declared Lockwood
In contempt and ordered his Imprison
ment in the county Jail until he com
plied with the order of the court. Later
the order of Imprisonment waa rescinded
and Lockwood given until Msy t to
comply, with the court's demand.
Representations were made soma time
ago thst a oertaln certificate of deposit
for 1200 waa issued In favor of the
estate by the bank mentioned, t6 be In
dorsed by Lockwood end turned over
to the heirs at lsw. The certificate. It
waa alleged, waa still held by the ad
ministrator, who refused to give it up.
JudgeWebterorderedLockwoo( to
turn over the certificate at once.. To
day It waa represented to Judge Webster
that the order of the court had not been
obeyed, ' ' ' .
NEW YEOMAN LODGE
ORGANIZED IN CITY
In East Portland a Yeomen lodge was
orgsnlsed last evening under the direc
tion of Pacifio Coast Manager H. A. Mil-
w-
to the Local Elks' Lodge.
of the -club where shelves and niches
have been provided for them. They
were presented to the club by tbe va
rious members Of ths local lodgs at a
social entertainment tendered Frederick
Warde Monday nlgbt.. Each of them
bears the name ef the donor and the
number of the lodge in which he holds
bis membership. ,
Many ef the steins are remarkable for
r '
Construction work, unless Interfered
with by fighting with 'guns and dyns
mite between forces of rival lines, will
be welt under way by the construction
gangs or joplln uiebish ana tne ra
clflo Coast Construction company along
tbe north bank of tbe Columbia river
by tbe end of this week. It ts admitted
by a high official that the Wallula Pa-
clflo and Columbia Valley railroad com
panies are. really the eonatruqtion agents
of the Union Pacific and the Chicago,
Milwaukee at SU Paul railroad com
panles, which have undertaken to build
a Joint line down the Columbia river
and between Portland and the sound. In
combination sgainat the Hill lines.
It is said that all conditions make tbe
Milwaukee road the natural ally of ths
Union Pacific system In the laying out
of a future policy affecting Pacifio coast
business. The Milwaukee and' Union Pa
cifio tapping the Missouri river basin
and the upper Mississippi river region.
snd connecting them with the Columbia
river and sound country, are said to be
the only combination that can cope suc
cessfully with the Hill rosds. and with
thla situation staring them in the faca
the railroad managers have made allgn-
menta offensive and defensive that will
warrant Investors - in safely ' placing
their money In Milwaukee and Harrlman
line extensions In the Paclflo northwest,
where Hill has almost become the dom
inant power. -. .'
Vol a Papex Bead.
An lmpressien prevalent along the
north bank, that the Wallula Paclflo
waa a paper railroad, la being changed
by the letting of contracts for con
struction work. Joplln aieblsh have
secured additional contracts within tbe
last two days. They will put three
large camps la the field one at La
Camas, another at Collins and a third
at Cook's landing. Two contracts have
been let to the Pacifio Coast Construc
tion company, and H. 8. Huson Is en
gaging men to work on the grades along
the upper river. - He will place a camp
opposite Rufus station and another on
the north bank between Wallula and
Umatilla,. . ; : ... . .
From Inquiry sent by Mr. Huson to
Tacoma tor men to work on . these
grades, a report gained currency that
ths Southern Paclflo had let a contraot
to the Paclflo Coast Construction com
pany for a section of work on the pro
nosed - Harrlman extension from Port
land to the sound. - This report is said
to be without foundation. . While there
Is no Question that the Harrlman lines
will be extended from Portland to Ta
coma and Seattle, the present situation
Is" far from ripe for beginning oon
structlon, or for the letting of any
contracts. Practically no right of way
work haa been done by the Harrlman
lines between Portland and the sound. J
It in believed In official quarters, how
ever, that construction work can be
commenced before the end of the pres
ent year. :
Southern Paclflo to Balld.
' The Harrlman extension to the eound
will be built by the Southern Pacifio
company. - The entire work wilt be in
charge of Chief Engineer Hood of the
Southern Paclflo system and J. D. Far
rell, formerly vice-president of - the
Great Northern, In charge - of Paclflo
coast affaire of .that company,- who has
been selected at New Tork to head ths
Important undertaking of building ths
Southern Paclflo from Portland to Seat
tle. Mr. Farrell will open offices with
in a few dsys at Seattle and Tacoma,
and Mr. Hood is already establishing
engineering offices at ths same point
Their efforts to this time have"been con
fined to terminal matters.
The Harrlman people are apendlng
vast sums of monsy for terminal
grounds on the, sound and are secur
ing large holdings that will give them
complete facilities both at Tacoma and
Seattle. They have neither . surveyed
nor selected routes for tbe line between
Seattle, Tacoma and Portland, nor have
they any Intention of buying the Inter
urban electric road between Seattle and
Tacoma. Three routes are under con
sideration. These ars a route running
ler of San Francisco. . He waa assisted
by prominent members of Portland
homsstead No. 14 and Morning Star
homsstead No. 111. This makes ; the
third Yeomen lodge In Portland, repre
senting a membership of more then 10
people. - The Brotherhood of American
T somen has a membership 'of 11,000 and
a reserve fund of something- like f do,
000. The officers of the local lodge Just
organized ars: j
" Charles W. Mauer,' honorable foreman;
Frank Swoboda, master of ceremonies;
Arthur C. W. Swoboda, correspondent;
Albert Gee, master of accounts; Miss
Ruby Wesson, chaplain; Miss Jessie
Oee, Lady Rowena; Robert A- Doane,
sentinel; Karl Gardiner, guard; John M.
Taylor, overseer; Miss Nora Swoboda,
Lady Rebekah; C W. Leltsel, watchman;
Miss Myrtle Gee, courier.
-V. -.- .1 . , J'A, -
fit- Tjij
their Slse and design. . Some et them
stand almost tws feet tall. Among the
finest are a number of Imported earthen
ware of Dutch design, others are ef solid
silver, while some are of ebony lined
with burnished copper. Some unique
ones mads from nstlvs woods add te the
variety- ."
It Is the purpose ef the local lodge to
collect 1,000 steins. . ,
v--
v ' ; ill
through heavy' timber to the west of
the Northern Pacific, another route run
ning through similar timber to tbs eaat
and a third route paralleling the North
ern Pacifio and touching the same towns.
It is said ths route west of the North
ern Paclfle is being seriously consid
ered. ,'.,.'. r- .
-. OUt might ef Way Abend omed ' r
The old Union Paclflo right of way
from Portland to Oiympla and Port
Townaend haa. It ia said, been prac
tically abandoned by the Harrlman In
terests and they will not try to regain
control of the property, as It doea not
suit their purposes In extending the
Southern Psclflo to the sound.- Notice
has been served ef a sheriffs sale un
der a general execution against - the
rights and franchisee of the company,
which in Washington waa Incorporated
under the title of the Portland eV Puget
Sound Rsilwsy oompsay. The plaintiff
In tbe suits of foreclosure ts the Seattle
4 Montana Railroad company. , and its
assignee the Northwestern - Imprpove
ment company. The Identity of these
corporations Is unknown. They have
acquired clalma against the property
upon which they have secured a Judg
ment tor. 11.447.100. The sale will be
held next Saturday at Tacoma
This denotes abandonment by the
Union Pacifio of the entire plan formed
and partly executed early In the nineties,
wnen the bridge pier now owned by the
Northern Paclflo. in the Columbia river
at : Vancouver, passed to the Hill In
terests and the Union Psclfio's pro
jected eound line waa stopped, by bard
times and enforced agreements between
railroad companies In the Pacific north
west. The Harrlman extension now pro
jected to the sound will probably run
along new lines, and It ts said that the
Milwaukee will have much to do with
shaping the final plana.
Aetna! Oeastraoelea Swures,
The beginning ts seen in the letting
or contracts by President Oerllnger of
the Wallula Paclflo, and the starting ef
actual construction work at alx points
along the north bank. ' Boats chartered
by contractors for tbs Hill and Harrlman
interests are dally carrying large quan
tities of dynamite, and. reinforcements
of men to the rival construction eampa.
Judge McCredle ot Vancouver,' who was
appealed te for an injunction order to
prevent violence between dynamiting
gangs of the rival companies on con
tested ground at Mclsaac'a farm, la aald
to have ssnt word from Ooldendale that
he will make no order against either
company until. he returns to Vancouver.
It is . said he . "will . arrive at-Vancouver
next ' Tuesday. Until that time the
companies will "run chanoss of bloody
and expensive collisions between their
construction forces.
Jack Harrington, foreman of the Wal
lula Paclfle at Cape Horn, came to
Portland today to purchase tents and
powder, and engage more men. He de
clined to talk regarding the situation
at the Horn. The Portland Seattle
forces ars driving a tunnel through
from the east aide, and have reached a
point about 40 feet into the mountain
f rem ita - base. They - are 4 using com
pressed sir drills and "giant powder.
On the opposite side of the Horn, and in
a direct Una but a few feet below tbe
level of the Hill road, Harrington and a
force of Wallula Paclfle men are driv
ing a similar tunnel .through the moun
tain. It Is said the rival forces are
under strict orders to drill and say
nothing, and hold svery foot of ground
gained against all comers. What will
happen when they meet in the center of
the - Horn 'can only be conjectured.
There Is no lack of dynamite or de
termination on both sides.
James B. Kerr, counsel for the Port
land ac Seattle, with headquarters at
Vancouver, came to Portland today to
consult with C H. Carey, attorney for
the Northern Pacific. Clashes and
bloodshed are dally expected on both
sidee, aa the surveys of ths roads cross
at many places, and each company al
leges that the other la trsspassing on
rights of way at . various strategic
points.. .... ., .. ; .
he vai;;ly tries i rid
.'.1SELF OF GOLD
Mine - Owner - 8mashes - Show
Case - to - Give' Himself a"7"
Chance to Spend Money.
A Baker City man who- Is visiting
ths city had too much money last night
and didn't know how to spend It. Hs
wandered about town until he was tired
trying vainly to separata himself from
the load of gold he carried.
He spent freely at various bars, treat
ing every one who approached while he
was there, and refused to pick up his
change. In the course of his Journey
he enoountered a showcase In a cigar
stand in front of a billiard hall at 1ST
Sixth- street. He smashed - ths glass
and explained to the proprietor that he
had done It simply to teach him how to
take a Joke.
. He deposited 40 with the proprietor
te pay for his Joke. He aald that If he
'ound he needed -the change he would
call for It There were a dosen persons
who witnessed the smashing of ths glsss
and all were Invited into the nearest
saloon to have a drink. The Baker City
maa la a wealthy mine owner. ,
SUCCESSOR TO bOWERS i:
WILL BE SECURED
While the directors of - the Hotel
Portland 'company failed to reach any
definite decision at Its meeting yester
day, It Is understood thst the hostelry
will not be. sold or leased, but thst a
manager to succeed Manager Bowers
will be secured.
At the meeting yesterday all the prop
ositions of purchass and lease and ths
additional one of securing a nsw man
ager and continuing under the preeent
company were discussed st some length.
C. A. Dolph said thla morning that ab
solutely nothing wss accomplished.
W. S. Norman, owner of two of the
leading hotele In Spokane and Tacoma.
arrived at the Portland thla morning
early and rumor had It that be wee here
for the purpose of making an offer to
purchase 'th4 property. Mr. Norman
when seen denied that he had any such
Intentions. . , , , j .
SIBed by Palling Tree.
Cottage Orove, vOr April It. Wil
liam Bennett was instantly killed yes
terday at ths Chambers mill at Dorena.
He was falling trees and ths top of one
fell en him. Hie body - waa brought
down hare this morning. lie had Just
commenced work. .
CIVIL SERVICE RULES
; -COUNT FOR LITTLE NOW
Lawyers Say the Body Has No Right
'to Create a Position That Falls
Under the Jurisdiction of Orfao-
: ixed Departments.
' At the meeting Of the eltv council last
night aa ordinance was passsd ereatlng
tne of noa of bailiff of the -municipal
court and naming one McDonald to nit
the position at S9 month.
Legal authorities' are ot the opinion
that the council exceeded the authority
granted It under tbe charter in creating
auch an office ana naming any person to
fill the position. It la alleged that the
office lies within the Jurisdiction of the
police department and that if a bailiff
waa desired the position should have
neea elaaalned by the civil service com
mission and a man appointed from tbe
eligible list 'for appointments to the po
lice force. It la claimed that ths only
action within the Jurisdiction of the
council la the matter was to appropriate
funds te pay the salary of such officer.
Mayor Lane aald this morning thst
he wss of the opinion thst tbe council
stretched ite authority considerably and
that he was going to look Into thermal
ter thoroughly before approving or dts
approving the ordinance. - It ts expected
that he will veto ths meaouro. .
Under the charter the council haSAno
authority to 'create any office that fells
within the Jurisdiction of any of; the
organised departments and it la aald
that a bailiff .or. tbe municipal court
should be under the Jurisdiction of the
chief of police. The charter also, ex
pllcitly states that . ths council . can
exert no executive authority, but that
Its function Is merely legislative.
If the council haa tbe power te name
aa effioer It le claimed that It can fill
tne office with Ite political favorites,
and that other offices may be created
and appointee named from time to time
and that the management of the munlci
pal government would gradually be
stolen away from the mayor and the
executive noera ana vesica in tne coun
cils .. ;' ' ,. . .v
EVERYCODY ANXIOUS - TO
: BUY BEKEFIT SEAT
Sales of Ten of Fifteen Seats to
' i Beaucaire Not Un
common. . Hundrede ef tickets for the fire and
police relief fund benefit to be given In
the Heillg theatre next Monday night
are being sold. - Such a demand for
seats for auch a performance baa never
been known before in Portland. People
are flocking , to the stores where the
tickets are on sals and the men who
have them to sell on the outside dispose
of pockets full - in a few hours and
return for more. It Is a frequent oc
currence for one maa te purchase from
10 to 11, candidates for political honors
being especially liberal. All classes
appear anxious to do something to show
their appreciation of the heroic work
ef the members ot the police snd. fire
departments at ths conflagration in the
Chamber of Commerce building last
Pridsy. t , .
Manager Heillg of the theatre and E.
Holmes, the advance agent of Creston
Clarke, who will give the production of
"Beaucaire" at the benefit, have all ar
rangements made for the event. .
K. ts. Rice, president of the Portland
Musicians' :, union. has promised te
parade the streets with a band of 60
Pisces to advartlse the benefit.
The relief fund Is growing larger
every day. . Chief Campbell received
from George Wemme last night a check
for lit cash. The sum which haa al
ready been contributed amounts to
nearly $700. ' It la expected that at least
1500 will be realised from the benefit
Captain Moore, In charge of the day
relief at police headquartars, gave each
of his men a few tickets to dispose of
On their peats this morning. In loss
than two hours 100 tickets had been
sold. Each patrolman reported that be
could have disposed of twice aa many.
Patrolman Driver Price aold St tickets
In 10 minutes in Chinatown and several
Chinese followed him to the station te
buy more. ; :
COMPROMISE ENDS-
r LONG-FOUGHT SUIT
i.:. .. .
After four years ef litigation the case
wherein Charles F. Canllsnl, adminis
trator for the. estate of Pletro Bonscot,
asks damages to the amount of 16.000
from the Oregon Water Power eV Rail
way company, was compromised this
afternoon la the court of Judge George.
Bonaccl waa killed on April I, loot,
in a streetcar collision en the Madison
street bridge. He waa an employe of
the railway, but was riding aa a pes.
Sanger at the time of his death. Ths
company alleged In Ita answer to the
suit that he waa riding on the platform
while there was plenty of room on the
inside, and that he would not have been
killed had he been inside the oar.
After innumerable delays the caae waa
called before Judge George yesterday
snd a Jury secured. The taking of testi
mony began thlf morning. . Af tsr the
noon recess the attorneys appeared be
fore the court and announced the com
promise. -i
DETECTIVE'S OVERCOAT v
STOLEN WITH EASE
police Detective Andy Vaughn ie look
tng for an overcoat with a seal eclipsing
that displayed by Detective Joe Day In
searching for a silver thimble. . It ls
hie own overcoat and' was stolen from
him at noon .today In a - restaurant
Vaughn hung the coat en the wall be
hind him while eating and somebody
walked off with It. It Is a black top
coat and waa highly prised by Vaughn,
who ssys that it fitted. hire as well as
If it had been made for him.
Chamber ef Oonuneree Meeting.
Preparations were completed this
morning for the next quarterly meet
ing ot the members ef the chamber of
commerce. It will be held on the even
ing ef April SI In the hall of the or
ganisation. . A program for .the event
Is being arranged. After the girogram
has bssn disposed of a smoker will fol
low. An effort will be made to get eut
a full attendance ,
I