The Oregon daily journal., July 24, 1906, Page 8, Image 8

THS OREGON DAILY JOURNAL. rCRTLAND, ; TUESDAY EVSIIIirO. JULY CI 1
Jm
.ibfflBBODDEBIB
GAPTAIU IV0ODI3
PUT OH STAUD
rjofiiiaiio;
mi terl;i;,ls
DLOODYCOnFLICTS
ir.
GOLD GOKI m
It UUli 1 114
CilDEfl WRECK
AT ODESSA
TO THE FIELD
TESTIL10IIY
IS TIED UP
Great; Northern Feet -Train
Revolution In Full Blast
In
Harriman Rushing Work on Line
Fro nuNatron-JThrougrV
Declares He Always Warned Lo
Force of Men Working In. New1 '
Supreme Court . Decide That
Bar Pilot Give Testimony Be-
TPfungw-ver--SixtyJIQtr
-Southern Cities, of Rusla
eators-They Would Hi
wners of Rich Properi
Cannot Operate Mill.
fofthewgonnd Washing
ards of the . Portland aV
, Embankment Into Water.
People Fleeing.
Central Oregon. .
See the Land.
ton Boundary Commission;
SURVEYORS
HURRY II
nn t n en
UL0
CPREADRAILS CAUSED ;
: AWFUL LOSS OF LIFE
Engine, Smoker and Express Cart of
111 J?ated Passenger Lie. Sub-
i merged One. Hundred Feet at Bot-
. torn of Diamond Xake, ; - ..
(Journal Special Service.)
jBpokana. Wash., July "24. Nine war
drowned and H injured When the west-
bound Great Northern fast train waa
wrecked near- Camden - laat -night,- the
engine, express car and smoker "plunging
down a 69-foot embankment Into, Die
- mond lake. Tb other cars remained on
tha track. . The wreck caught ; lira
through tha (as tank exploding, but
toe flamea were extinguished.
The disaster was caused' by the
spreading of rails, at the mouth of
tunnel.-. Tha engine and submersed ears
lie iq 100 feet of water. Two men went
down In the smoking car and ths engi
neer and fireman perished la the cab
. of tha locomotive. (
. Ed Muneon, engineer. . '
Frank Bell, fireman. - -
Charles Dannsr, mall clerk. .
George R. Strickland, express
sneer. .... .,......' .
' George Curtis, lumberman, of Spo
kane. ' ..' .
T. L. ' Dolboy, J101 East Taelilo ave
nue, Spokane. '
Ed Newcombc of the Surety Invest
Bent company. - - -
, One man" unidentified. ' ' T:
Serloasly Injured. ', .
- C. J. Mohtlls, Spokane; hands and face
bruned. .- ,..-. .
John Lord, Seattle, left bend cut, face
braised and back hurt
J. Durbln, Spokane; hands cut and
otherwise badly injured.
- Tom Wslnch. Spokane; fingers cut.
Elmer K. HalL Colfax; right . hand
burned and face scalded..-
Henry E. Eyorum. Mlnot, N. D., badly
burned and aore taternauy.
BUghtly Xajoree,
Luker MUlnkeovic. Spokane; left hand
and head out. ..
Nick Link Inovlch, Spokane; : badly
burned.' '---.' , .
M. E. Cash, Sand Point; right shoul
der sprained.
Walter H. Ross, news agent, Seattle;
wrist, cut. '
. E. B. Newcombe, Ppokane; left hand
burned. ; . -" '
Pete Nelson, Spokane; head cut
' F. D. Rowans, waiter; back sprained.
' WUHem Smith,' waiter; right eye
-bruised, i
W. O. .Patterson, -dining-car conduo-
- tor: left shoulder sprained. ."..:
O. L. Thomas, Newport; , head end
bands cut . . . , . ...
CAYS WILL PROBABLY 60
: Oil TRIAL IN AUGUST
Judge Hunt Expresses Belief
"""That Indicted Senator Is Not
Too III for Trial. :
Judging by tha v' present
outlook.
r rank! in Pierce Maya will go to trial
on August I. Federal Judge Runt ex
pressed bis ballet yesterday that the la
dieted state senator is well enough te
withstand an ordeal in court and the
only question yet to be decided Is what
case will be taken up. The Indications
, ere that Maya will be tried on the Blue
mountain reserve ease. In which be was
Jointly Indicted with Congressman Bin-
ger Hermann, Congressman J. N. Wll
llamaon. Wlllsrd N. Jones and Qeorsa 1
Sorenson.
- There ere two ether eases against
Mays. In these his- codefendsnts are
8. A. D. Puter, Horace G. McKlnley,
Maria Lt Ware, Dan W. Tarpley and
Emma- I Watson, all of whom have
been convicted. 1-cKinley Is a fugitive
. end the ethers are arrayed oa the aide
Of the government -
Special Asslstsnt Attorney-General
. Francis f. . Heney yesterday offered to
let the two Puter-Mays oases go ovsr
till the next term of court, provided ex
Judge W. TX Fenton, attorney for Maya,
would agree to go to trial on the Blue
mountain reserve, ease. The offer" waa
taken under consideration and an an
swer will be returned tomorrow morn
ing. , ' . , v
Prosecutor Heney said yesterday that
the case sgalnst Williamson would prob
ably never' be tried in Oregon, the gov-
- eminent considering one conviction an
- example sufficient to deter othere from
committing like offenses.
RAILROAD MAN IS
: VISITING tU PORTLAND
i A. B. Hammond, president of the Cor
allla at Eastern and the Astoria A
Columbia River railroad companies, is
a Portland visitor. He la making one
of hla periodical trips of Inspection of
the buelness of the railroads that are
conducted for him by a staff of ener
getle young men located in Portland.
. Corvallls and Astoria.
- Baaardlng -tha-reme that tmd sold
nia raiireaa rrom fcureka to Trinidad to
the Haniman companies and taken
onarge oi construction of the proposed
Harrlman tine up the coast to Coos bay,
Mr. Hammond aald there was nothing
be could ssy en the subject He said
ho extensions of the Trinidad line were
contemplated, excepting a few logglns
spurs. ,r "
RETURN WITH BODY ;
; OF THEIR DAUGHTER
Mr. and Mra. A. Welch are on their
way home from the east. In charge of
the body of their 14-year-old daughter,
Essie, who died Iq Minneapolis lsst Fri
osy. Father mother end daughter left
about e month ago to visit friends In
Indianapolis. At that time the child
waa In good health, but she was taken
' suddenly . Ill and died after but e few
days' sickness. Ths party will arrive
home en next Wednesday evening.
Funeral services will be held the fol-
, lowing morning . at - the - family real
Oeare, park street Mr. Welch le a
swmwws uiisr m ronuBiL
( Journal Special Service.)
.-' St Petersburg, July 14. (Bulletin)
Members of the douma returned this
arternoon and were met by e great
crowd, but the people were overawed by
therlarge assemblage of troops and
there waa no demonstration.
Odessa, July 14. (Bulletin) A bloody
conn let is in progress in ' Btepovnl
street. The black hundred Is distrib
uting bloodthirsty proclamations. -
' St Petersburg. July J4V Bulletin.
The csar has been marked by terrorists
for death. At Moscow, the police at
tempted to Capture the members of the
worklngmen'a council and arot only 14.
Citizens are fleeing from Sebastopol by
the hundred. Warsaw troops are dls-
affected and mutinies are expected. The
douma members arrested are . Father
Koysrhoff and a Cossack deputy named
Kharlamoff. The arrest of a priest
named Afanaaieff, a social democrat baa
been ordered.
.Chicago, July it The Dally News
correspondent at Peterhof f says that the
Imperial yacht rides at anchor, steam up,
prepared for any emergency. Stolypit
nas Drought encouraging reports to the
affect that tha army Is still loyal, and
that tha cities, owing to the arrest of
radical leaders, are still calm, and that
tha country has not yet learned of the
coup and that tha organisation - of
revolutionary .' government has ' been
thwarted. . -
The csar; according to a court offi
cial nearest tha throne, did not Invite
foreign interference. If left alone the
csar would have a rented the conces
slons and Russia would now be under
a settled constitutions! government
The kaiser - tearing . the. success, of
democracy would strengthen a - like
move In Germany Is doing all he can to
maintain autocracy.
NEGRESS SHOOTS HUSBAKO
AFTER BEIS6 BEATEN
Wounded JSpouee. Not, Expected
to Survive and Woman Is Held
i by Police Without Bail.
After brutally beating his wife and
attempting to kill her with ,a butcher
knife. George Washington, a colored
porter employed at the Marquam barber
shop, was shot and perhaps fatally
wounded ty the victim of hla assault
In their home at 144 North Tenth street
last-nlxht,-The bullet struck Wash
Ington In tha abdomen and the fact that
the Intestlnss were perforated makes
his' recovery doubtful.- Upon the advice
of Dr. Wheeler, a deputy district attor
ney was sent to the Good .Samaritan
hospital this morning to secure sn ante
mortem statement from the wounded
man.
From - the statement made by- Mrs.
Washington, who Is held In the city
prison witneuf ball pending the result
of her' husband's Injuries, the shooting
waa done in self-defense. The statement
of the woman under arrest Is corrobo
rated by a E Smith, colored, an eye
witness to the affair.
Mra. Washington declarea that her
husband had strenuously objected to the
visits of Henderson and Mills, two col
ored Itinerant preachers, who were en
deavoring to convert her to the Church
of God. of which they are members.
Washington returned home lsst night In
aa Intoxicated condition and proceeded
to beat her on the score of. Infidelity.-
After Sdmlnlaterlns the heatlne- ha
finally became so enraged that he se
cured a knife and drove her Into a cor
ner of the room. Smith, who was
present interfered and grabbed the
Infuriated man. , Washington fought to
free himself and declared hla ' Inten
tion of getting a revolver and killing
the woman. - Mrs. Washington, thor-
oushlv alarmed, took the weapon from
a ' drawer and. when her husband again
rushed at her with the knife, pulled the
trigger and shot him In the abdomen.
The wounded negro ran down the
streat to a nearby Saloon sad upon the
arrival of the police waa found lying on
the floor with hla head resting on his
wife's lap. The woman was taken Into
custody by Detectives Smith and Hill,
and Washington wss removed to the
Good Ssmarltan hospital . 8. E. Smith,
the witness to the hsootlng, was also
locked up.. .
THIEVES TAKE GOLD
; FROM DENTIST'S OFFICE
Dr. William Xoehler, e dentist of
411 H First street, reports to the -police
that burglars entered his office at that
address yesterday at noon and stols a
quantity . of gold and dentist's tools
Ths thieves effected ' an entrance by
forcing tha iocs or the door. Detec
tlves Vaughn and Hartman have been
detailed on the case.
R. Brooks, proprietor (it the Qulmby
hotel, reports thst Paul Bauer passed
a bogus cheek for $10 on him on July
If. He alleges te have found several
blank checks .on various banks In
Bauer's room. - The detectives are en
deavorlng to locate the alleged crook.
YOUTH DROWNED WHILE
- , SWIMMING IN WISHKAH
tSpeetal Planatdi te The Jearaat.l
Aberdeen, - Wash., July 34. While
swimming In the Wlshlcah river with
several companions, yesterday after
noon. Eddy Theln, aged II years, was
drowned. He waa not an expert swim
mer, but wss ambitious, and while the
others were preparing for the water
took e high -dive and was Swept along
so fast by the strong current that he
cofcild not keep above the surface He
came up four times, but male no sign
of distress , or the others could have
helped him. . They did not realise, that
hr-was in danger until too late. Search
was at once begun for tha body, but
It has not yet been found. ' '
ROOT IS HONORARY
HEAD OF-CONGRESS
(Jeera'al Special Service.)
Washington. July li. The Charleston,
bearing Secretary Root, arrived at Bah la
today. . The Pan-American congress to
day, at Rio Janerlo, elected Root honor
ary president. It Is announced today
that Williams carried te London a warn
ing to w: J. Bryan that ths south would
not stand for municipal ownership.
CONSTRUCTION WORK
. IS TO BEGIN SOON
Believed That Harriman Ha Learned
Plana of Other Syndicates Having
. Intentions on This Route and Has
Issued Orders to Rush Work. '
An army of surveyors Is being rushed
into tha Held on the proposed Harriman
line from Natron through central Ore
gon. It Is said Mr. Harriman has de
termined to forestall plans of rival
companies In this region at all costs.
and that tha road from Natron over
thf Cascades will be the first construc
tion work- to be done. this fall by tha
Southern Paclflo company in. Oregon. It
la believed Harriman has learned the
plans of 'two or three other syndicates
having Intentiona on this route, and he
has given orders to push the central
Oregon line ahead of aU other work
More than 40 Southern Paclflo sur
veyors are now making headquartera at
tha Herbert ranch, on the upper Willam
ette river. 40 mlleaeaat of Eugene. A
party of eight more engineers who ar
rived at Eugene yesterday from . Ban
Francisco departed at once to Join the
earn p. They are but a small portion of
the total force of engineers who are now
trying out every route end pass and
following up the preliminary work with
the settlna of permanent grade stakes.
The road wUi follow the Willamette
river and cross ths Cascades at or nsar
Crescent lake, where two routes have
been surveyed over the summit Keacn
Ins tha east slopes of the range a
branch of the road will go to Klamath
Falls while ths main Una will proceed
eastward to meet the Oregon snort
Line's projected, extension from the
Snake river.
It is believed that tha contracts will
be let for this road ahead of contracts
for the Drain -Coos bsy line, despite the
fact that rails have been delivered and
right of way la being cleared for the
latter road. - The announcement that
bids are wanted on the Oregon Central
la expected any day.
SAVARIAN UAKi:;G REPORT
0N ELECTRIC VIRES
Will Explain to Mayor Lane How
.Lives of Portland Linemen
Are Endangered.
A "report onthe dangerous condition of
electric wires on poles about the city is
being prepared by Charlee K. Bavarian,
superintendent of the fire alarm system.
at the request or Mayor uine.
The matter has been called to the at
tention of the mayor and if possible he
will tsks ths first steps towsrd eliminat
ing? soma of the perils to which linemen
are subject. ...
It Is known that Mr. Bavarian has de
cided opinions on the subject snd he
has the experience and - knowledge to
lay before the mayor an accurate state
ment on the conditions In Portland. It
Is generally conceded that the death rate
of linemen In thla city la tremendously
high snd that many more linemen are
killed In Portland every year than in
eltlea twice Us else. St Louis is re-,
garded es the model city of the coun
try from the standpoint of a lineman.
Here tha regulations cover every feature '
of the stringing of wires snd there Is
comparatively little danger to the man
up the pole. -, -.- - '
In Portland It Is alleged that .the
wires have been arranged aooordlng to
accident or the aweet will of the man
who put up the flrst line. High power
lines are mixed up with telephone and
fire alarm lines In some Instances, and
In nearly every case a lineman la com
pelled to wiggle hla body through a
tangle of , wires,- any of which whan
crossed may contain the death-dealing
current. .
THAWS STRONGEST CARD
MRS. HOLMAN'S LETTERS
(Journal Special ftervlee.)
; New York. July 14. Mrs. Wm. Thaw,
Evelyn Nesbltt Thaw and Mrs. George
J Carnegie together visited Harry Thaw
this morning. Toung Mrs. Thaw left
after a long conference and. took a
bunch Of papers te Hartridge. Thaw'a
mother and sister went , to Olcott's
office. Thaw declined a statement In
regard to the things being printed. He
says, "Let the pspers print whst they
want; they are only fooling . them,
selves."
The fsct that the prosecution wanted
Mrs. Holman to . teetlfy regarding at
fairs back of her letters, while 'at first
apparently disastrous to the defense, is
now regsrded as Thaw's strongest card.
Hartridge only admits that the letters
aid the case. ,. , - ,
MOTHER AND CHILD .
- BURNED TO DEATH
" (Jonrnal Special Srrrlce.V
. Clovls, Cel.. July 24. Two lives were
lost 'by destruction by fire last nleht
of the Hotel Clovls.Tha dead -are Mrs,
Nestef Freitas snd her infant child.
The Are started by tha overturning of
a lamp. Mrs. Freitas rushed from the
burning bulldirg enveloped In a biasing
nightdress. Though fatally burnsd about
the lower part of the body she fought
with those who restrained her from re
entering the biasing structure to ssve
her babe. She finally- fell - unconscious
and died at 1 o'clock this morning. Her
husband, erased with grief. Is constantly
attended, to prevent him from Injuring
nimseii. '
' The hotel of two stories and a residence
were -destroyed.-The loss le probably
$14,000. Tha child's body was recovered
this morning.
STR0MB0LI IS AGAIN
SPITTING SOME FIRE
(Joe real Special Serein.) . .
Palermo. July 14 BtrombolL after
comparative quletltude, :1s again active
. , ' - 1' . .
Dairy bag X Xpert to Talk.
O. L. McKay, professor of dairying In
Iowa State college, will address the
business men at the Portland Commer
cial club during the regular lunobeoa
at Hits, - Thursday, July If, - -
Martin O. Hoge, whe ' with Chkrlea
Nlckell Is on trial for conspiracy to
suborn perjury, gave further testimony
this afternoon in hie own behalf. . In
rogard to -advising others to let. Harry
W. Miller take up a timber claim for
them be declared that he merely told
them that he would not advise others
to do' something he would not do him
self and Informed them that ha bad
taken up a claim, paying tf for the
location. . '. '. ,.....'.,'.
He denied ' having even a suspicion
that Miller was perpetrating a fraud.
Miller told him that be preferred to do
his buslnesp .before : Commissioner
Nlckell.
. Hoge swore that he told all Inquirers
that It was necessary for them to see
the land before filing on It.He de
nied ever going out In search of loca
tors or .or having any, agreement wnat
ever In regard to obtaining persona to
fUe on timber olalms. He said he paid
a location fed on hla own claim In or
der te have two witnesses. Miller and
Frank Ev Klncart. who bad seen the
land. . -
Hoge did , not prove, up because
Miller and Klncart were arrested,
Luckenbach fled and that left him with
only one witness. When he last saw
Luckenbach that gentleman said he waa
going te Portland on buatneea.oonneoted
with a fire extinguisher.
Next. Hoge volunteered the statement
that when he came to Portland after
his Indictment Klncart met him and
said: -
"I don't aee why they've got you
down here. Tou had no more to do
with It than a child." ' . ,
A letter from Congressman Hepburn
of Iowa, recommending Hoge aa a law
yer and a Republican, .was admitted In
evidence.- An affidavit by B. B. Wescott
of Clarlnda, Iowa, setting forth Hoge's
official and party service, was also ad
mltted without any objection from the
proeecutlon. : r- ..
Hoge Informed the jury that he did
not patronise saloons and that he naver
visited such places except on business.
Of Henry F. Buckman. a witness, who
had accused him of recommending Mil
ler's scheme. Hoge said be knew him
as an Inebriate and had never talked
timber land to him at any time.
The witness Insisted that It was al
ways hie intention to make final proof
on bis own timber claim, ana that ne ex
pected to get the money by selling a
piece of land In Kansas. This concluded
Hoge's direct examination.
PRIZEFIGHTERS ORDERED TO
GET OUT OF SEATTLE
Trainers, and Hangers-On Must
; :V Stay , Away . From zz
Sound City. V
fSoaelal Dlsnaieh te The Joaraal.t '
Seattle, Wash, July 14. Prlseflght-
era, trainers, hangers-on and alL per
sons connected with tha prlseflght ring
must' quit Seattle at once or engage In
some legitimate business. Chief Wap-
pensteln made this declaration thla
morning. He declares that be proposes
to send every-violator of the law to
Jail. " "
"I will not allow prlseflghtera snd
their boosters to live In Seattle," said
Chief of Police Wappenstetn. . "Where
the pugilists train they Invariably draw
e big gang of crooks and undesirable
men and women, who make a living by
robbery .and - thievery The - laatf e w
lights pulled off at . Pleasant Beach, In
Kitsap county, with ths Sghtsrs train
ing In Seattle, has brought here a gang
of men and women who would steal
anything they can carry off. If they
are going to flght In Kttsap -county the
whole gang must stay over there."
If srrestlng them does not keep them
out of Seattle. Wappenataln will . make a
demand on the governor to force the
eherlff to atop flghta under the state
law. - i
MARQUAF.VS LAST CHANCE TO
SAVE PROPERTY BONE
Petition to Supreme Court for
Remand of Cause Is ,
. Denied.
(Special Dispatch ta Toe Journal.) .
Salem, Jury M In the case of P. A.
Marquam against the United States
Mortgage company et al.. the petition
of the respondent (Marquam) for remand
of the cause and nsw trial, or dismissal
without prejudice, was denied..:
The . motion waa filed after the refusal
of the supreme court to grant a rehear
ing and was Marquaa's laat bops of re
establishing his title to the property In
volved. The denial of the motion was
confidently expected by the mortgage
company.
DIAMOND DRUMMER'S
TRUNKS ARE ROBBED
(Jearsal Special
San Jose, Cal.c July 14. Bample
trunks owned by the A. Elsenberg com
pany of San Francisco, which were left
In Harry Frultlg's Jewelry store st
Gllroy last night, were broken open by
robbers and diamonds and Jewelry
valued st 1 11,000 sto'n. The trunks
were in charge of Elsenberg. one of the
firm, who arrived- at -Qllroy last-night.
He sold Frultlg a bill of goods and left
the trunks In the store. Two hours
later ths front door wss forced, the
trunks pried open end their contents
taken. A well dressed stranger who
was seen-near the front of the store by
Elsenberg le suspected.
TO SHOW MRS. HARTJE
WROTE LOVE LETTERS
(Joareal Soeelal Berrtee.) .
Pittsburg, Ps.. July 14 It la ex
pected that testimony given todsy will
prove that Mra. Hartja wrote the let
ters the authorship Of which la denied.
A number of negroes are present at
court, causing surmises as to their In
tent -on- the 'Hartje side. Hartje's
brother waa cross-examined as to why
he had hot told of finding In Medina's
room ths letters written by - Mrs.
JLHartJe's sister, .,?:,i;.V;A,,- v::,-,,l-.J. ,
HUNDRED-STAMP MILL
WILL BE DELAYED YEAR
Clause Prohibiting Legislature From
Exempting Householders. From
. Taxation Held Repealed by Adop-
' tion ol Constitution. ; ' . ' .
V (Special Dlsoateh to Tba JoarsaL) '
" Salem, On, July 14. In the supreme
court todsy a number of Important
Cases were decided.
A. T. Brown, appellant, against 1 The
Gold Coin Mining company, appeal rrom
Baker county, -Samuel -White, Judge;
reversed by Judge Moore This Is
suit by Brown to en Join the company
from polluting and Interfering with th
flow of water of Shirt Tall creek. The
court entere a decree perpetually- re
straining the defendant from . further
operation of the quarts mill until suit
able provisions have been made to pre
vent Injury to the plalntirrs irrigating
ditches and to the water used by him,
plaintiff to recover coats and disburse
ments in both courts. . '
Ties Up flreld Oola.
. This eotlon of the supreme court ties
up the most valuable gold .mine in east'
ern Oregon, the famous Gold Coin. This
property was discovered . by Charlee
Durkee, who later transferred It to
Ayers eV White of Pendleton. The mine
la located In the Durkee district in
Baker county.' . ;
The mill on the property had hardly
been started when-A. r. Brown got an
injunction restraining the mining men
from operating It. alleging that the
slum from the mill damaged his proj-
erty. - . - v . :
. The Gold Coin company won In the
circuit court, the decree dissolving the
injunction end assessing the ooats to the
plaintiff. ' Immediately preparations
were made by the Gold Coin company to
Install a 100-stamp mill upon the property.-
.
pending the outcome of Brown's ap
peal to tha supreme court the mill was
not erected and the old lo-stamp mill
which bad-beea rused previously - was
burned mysteriously some few weeks
ego. It wlU be Impossible for the Gold
Coin company to erect a new stamp mill
under the terms of the uupreme court
decision and get It Into operation, hence
he rich property will lie Idle, for an
other year. - v
E. C and E. Wallace eppellents
against W. H. Pallln, assessor, and J.
O. Booth. Judge, from Josephine county,
H. K. Hanna, Judge Reversed In an
opinion Py .Judge Moore, This is a
suit to enjoin the "asseesorr-board of
equalisation and sheriff from allowing
certain exemptions from taxation.
pursuant to the act which exempts cer
tain personal property to the amount
of $300 from taxation. A demurrer to
the complaint on the ground , that it did
not. state facta sufficient to entitle
the plaintiffs to the relief sought hsv
Ing been sustained, tha suit was dis
missed and appeal taken.
' Says the court: . "We believe that the
clause In the constitution to prohibit Its
legislative assembly rrom granting to
householders of the state exemption
from taxation of property attempted by
the statute, which though In force when
the erganle law took effect, waa Incon
sistent therewith and hence repealed
by the adoption of tha constitution end
Its ettemptsd re-enactment le void es
repugnant thereto on the ground that
the rate of assessment and taxation is
not uniform between a householder of
the stats and nonresidents. ,
' Clissaip swislma , ;
State of Oregon ex reL, Bascom
Glass, against Hermsn Frost, appellant,
appeal from Grant county, Robert Ea
kin. Judge. Affirmed by Judge Bean.
Thla le a contempt-procedure instituted
by the state upon the relation of Glaae
against Frost for violation of a decree
of thle court rendered In December,
Hirr wtitrh entitled the relstor to s
ptlor right to to Inches of the waters of
Bquaw creek, in wneeier county, end
restraining the defendant from Interfer
ing with the water.
Xrrlgoa Oaee. .
Sarah C Jennings and George A. Jen-
nlngs against the Oregon Land A
Water company, appellant) appeal from
Morrow county; W. R. Ellis, Judge. Af
firmed by Judge Bean. - This is an
action to recover damages for breach
of contract for the sale of real estate
in the town of Irrigon. The contract
called for the building of a hotel ao
oordlng to certain specifications. The
Jury. In the lower court returned dam
ages to the plaintiff for 41,200, from
which Judgment defendant appealed.
Warner Valley Stock company against
J. L. Morrow, defendant and appellant;
appeal from Lake county; H. L. Ben
son. Judge. Affirmed by Judge Halley.
Thla Is an appeal - from - Judgment :.ln
favor of plaintiff in an eotlon to re
cover real property In Lake county.
LLOYD IN COURT TO - "
FACE VAGRANCY CHARGE
F. A. Lloyd, husband of Mrs. Annie
Lloyd, tha woman arrested several days
ago on a. charge of having fraudulently
obtained advertisements for a Woman's
club booklet, was on trial in the munici
pal court this morning for vagrancy.
He was accompanied by hla pretty wife.
who took a great Interest In the pro
ceedings." Judge Cameron baa taken tbs
matter under advisement.
The accused man attempted to prove
by competent testimony , that he wss
engaged in the advertising business and
earned his livelihood In that manner.
Plttgerald referred to both tba man and
woman as "a pair of vagabonds," and
said that they, should be driven out of
the community. Thla -declaration sjotloe
ably aroused the Ire of Mrs. Lloyd.
Decision In the case against Mrs. Lloyd
and bar husband will be made tomor
row. - -
PLEADS NOT GUILTY
TO SERIOUS CHARGE
Senary Campbell, - charged with con
tributing to .the delinquency of Flo
Laugh, was arraigned before Judge
Frsser this morning end pleaded not
guilty. His ball was flxsd et 11,000.
John F. Logan Is defending him.
- Aa attempt wae made by the defense
to show that the Laugh girl was ef bad
reputation, but thla waa not proved, anil
Campbell will have te enewer te the
charge. ..",'
Frcfervcd week Oaaaeg ejeess.
kvuea as Lewie Best Brest
li i -,. -e 4
: Seated around the long table In the
east parlor of the Portland hotel, the
commissioners ' snd counsel for - ths
states of Oregon - - and Washington,
listened today to the testimony In re
gard Ao the dispute' between tha two
states ' concerning, ths northern bound'
ary of Oregon. ' , - ; : .' " ,'
' For two hours Csptaln George 1 W.
Wood, a bar pilot and also a member
of the hydrographlc survey of 1SI7-M,
described - the channels existing at the
time the survey was., made and the
changee following up to the present
time Captain Wood was testifying at
the time -the commission adjourned at
noon and resumed bis . testimony at I
o'clock this afternoon. . ,
In explaining . the , position '. of : the
north channel, upon the course of
which' the controversy mainly - lies.
Captain Wood stated that the channel
was on the -north side of sand isiana
In IMS, . -v . , ,. -C
i The testimony proceeded With aa
opinion of tha csptain to the affect that
the north channel could be used end
maintained as the best channel for navi
gation from Portland te the sea with
less dredging than eay other channel la
the liver. . . , .
The commission haa held meetings at
Astoria and Tha Breakers, where II wit
nesses wsre heard. Nearly 40 pages
of testimony have been gathered by the
members and it will be presented to the
supreme court of the United States la
October for a heering and settlement of
tha claims. r . ..
" Boas Zs spoiled.
Previous to hearing ths testimony Of
Captain Wood. Asslstsnt Attorney-General
Maodonald ef Washington recalled
E. W. Ross, state land commissioner' of
Washington, to testify In regard to the
filing of leases for certain portions of
tho Deademona sands. He presented the
application of B. F. Huston of T acorns,
which was the first and only claim filed
In the Weahlngton land office, with ths
exception of W. H. Barker, which was
later canceled. 1 Huston's application
wee protected against by the Columbia
River Packing association, but the pro-
teat waa later withdrawn and the con
tract which the state of Washington
entered Into with Huston la still In
f ores. .' . ' - ' -.
The commissioners attending tha con
ference are John H. Reynolds ef Salem,
for Oregon, and Colonel C. C. Dalton for
Washington. United States Senator
Fulton, Attorney-General A. M. Craw.
ford and District Attorney Harrison Al
len of Astoria are appearing ae counsel
foe Oregon, while Washington Is repre
sented by Assistant Attorney-General B,
C. Mjacdonald and Consulting Engineer
O. B. HegardL Robert S. Taylor la at
tending the meetings ae official reporter
for the supreme court.
M'DONALD CASE-IS ARGUED
IH CIRCUIT COURT.
Attorney Logan Score Mayor
. Lane for Refusing to Sign
' Clerk's Pay Warrant; "
- "Mayor Lane, In refusing to sign this
warrant,- is attempting-to -re-veto an
ordinance that baa already been paaaed
over his veto," declared Attorney John
F. Imogen In the circuit court thla morn
ing while arguing before Judge Gantanv
beln that the Judge ehould order the
mayor to sign e warrant for 7( salary
for Jamas MoDonald. who was appointed
Janitor, bailiff and assistant dark of the
municipal .court by the .city council
May i, ' ; "
The eounell paaaed an ordinance creat
ing tbe position, and appointed McDon
ald to fill It. Mayor Lane vetoed the
measure. The council then passed It
over ths veto, and McDonald assumed
his duties. City Auditor Devlin Issued
a warrant to MoDonald for hla salary
forMybut the mayor refused to sign
It, and mandamua prcceedlhgslo'compct
him to sign the warrant were begun.
: Tbe question was argued at length by
Attorneys R. W. Montague and Thomas
G. Greene for the mayor and John F.
Ixsgan for-McDonald. Logsn con tndel j
mat ine position neia MJ ' Client is
In the Judicial department, and that the
council has authority to appoint the In"-
cumbent, while Montague and Greene
argued -that It was a position In the
administrative department, and that the
council, being a legislative body, had no
power to assume eny dutlee belonging
to the executive department of the city
government. '
It wae taken under advisement by
Judge Gantenbetn. who will render a
decision later in the week..
SHERIFF STEVENS IS
- OPPOSED TO GAMBLING
e
j Sheriff Stevens this " morn- w
ing declared himself positively
against money-paying .slot ma-
chinas by summoning before him e
three men whose business It is to e
place machines In saloons and
other places and warning them
If they attempted to plaoe cash
contrivances in any resort In the . d
county they would be prosecuted w
to the full extent of the law. .
. The sheriff does not Intend to d
Bioinii ine macnines wnicn pay
rewards In cigars or drinks.: ,.e
Ths sheriff put himself on
record today also as being abso
lutely opposed to gambling and
declared that he would prose
cute vigorously any cases that
came to his attention. He said
that bs hsd not beard ef gam
bling in tha Commercial build-"
lng until he read accounts of al
leged operations and that he
would investigate and see what
easts tnase reports had.
- TTis
sheriff said he had been
told that there was a faro eama
e-on North Fourth-street end tbate
e tne report nad proved without e
e foundation. .. . - -
e
" WlDiaxe Boakefellat Home.
' Tarrytown, N. T July 14. -William
Rockefeller - returned today - from - bis
long stay In Europe' Friends expected
e longer stay. - He will retire from all
Standard directorates atid be. succeeded
by hie eon. , . . ,j ,;
.'. .:;.-. . Adolph Weber te area.
Auburn, Cel., July tt.Adolpb, Weber,
murderer ef bis father, mother, brother
aad sister wae today resentenced to
bang eA roleont September it.
naag
Seattle Railway. )
COMPANY GETS TITLE v V "
TO NORTH END LOTS
HUI Lines Clearing Away Tech
nicalities' snd Preparing for Work
oa Large Scale During ths Coming
" Autumn and Winter. , , v .; '
i
4 -" Work of filling ground for the Port
land at Seattle Railroad company's new
terminals la North Portland haa been,
commenced. A force of men and teame
are dumping earth Into the low places ;.
and clearing away old buildings as faat
as they are vacated. - Today the Secur
ity Savings at 'Trust company trans
ferred to the Portland A Seattle title
to about St blocks, these being the prop
erties that were purchased by agenta of
the company three or four months ago.
These proceedings Indicate that the
Hill lines are clearing away all tech
nicalities and getting ready to begin
work on a large scale during the com
ing autumn on the construction of the
terminals. Decisions have been ob
tained on rights of way at Maegly
Junction, and all along the line Into the
city everything la being put In readiness
for actual construction work. -
The streets nseded In North Portland
have been vacated, with one exception.
and In this Instance vacation will be se- .
cured la e short time. It Is said more
than $1,000,000 baa been spent by the
Hill roads In getting terminals and
rights of way between Maegly Junotion
and tbe corner of Fourteenth and Hoyt
streets, the southwesterly limits of the
new yards, and that f 1,000.000 more wlir
be spsnt in converting the ground to the .
uses of ths railroads. . . . V
- The deeds recorded today represent
the transfer of about It city blocks. The
consideration In each deed la -given aa
11. with tbe exception of : one deed,
whloh calls for ths transfer of lota at
ths corner of Eleventh and Lovejoy
atreeta from the former ownera, John
Neville end wife, who receive 14,000 for
the property. , v -
The first deed, which bears the date
of July 11, la from the Security Savings
A Trust company and , calls . for ths .
Addition. Block 111. In whloh lota 1. I.
I, 4, end 7 are tranaferred, Is bounded
by Tenth, Eleventh, Hoyt and Irving
streets. Block 117, in which lots 1. 4.
t, 0, T and I are transferred, la bounded
by Eleventh, Twelfth, Hoyt and Irving
streets. Blocks lit. 117 aad 14 are
transferred, whole,' the first two being
bounded by Tenth aad Twelfth; Irving
and Johnson stete, while No. 114 is
bounded by "Sgflth, Eleventh, Johnson
snd Kearney -slreeta. ' Two lota In block
115, et Eleventh and Johnson streets, j .
era- transferred, as are also jeveq lota
in block t44. bounded by Eleventh.
Twelfth, Kearney and Lovejoy streets,
the eighth lot In this block being the T
one transferred by John - Neville for
16.000. Blocks 140, 116, 187, ltt, lt,
100,-r 116,-417111 125.226. !4l and '
242 are transferred whole. , They are '
bounded by Ninth, Kearney, Twelfth
and Qulmby streets.' Four lota In block
161 at Ninth and Lovejoy streets and '
ope lot In block II at Ninth aad Mar
shall streets are also Included In tha
deed from the Security Savings A Trust
company. ' . ... ' - ... ..
The deed conveying ' the balance of
tbe proposed terminal property le from
the Northwest Improvement Co.; snd -' r
oalls for blocks 141, 244, 145, 246, III,
snd 260 of . Couch'e addition whole.
Thess blocks sre bounded by Ninth, '
Fourteenth, Pettygrove and Raleigh
streets, and Include small blocks on the "
north side of Raleigh street between
Eleventh and Fourteenth. The deed '
from the Northwest Improvement Co.
also 'tails -oiTiwctle4ly-aUo-,Wat,
son's addition,1 the lins of which starts
north of Raleigh street and runs to
the present railroad tracks. being
bounded onthe east by Eleventh street .
and on the west by Fourteenth.
HAD ANOTHER NARROW
ESCAPE- FROM DEATH
Thomas Brasel, the solicitor of the
Paclflo Stales Teleohone A Telea-ranh
company, who waa killed by falling off'
a train near Eugene yesterday morning,
had -a narrow escape from death In
Portland last spring. In company with
several others he - waa in a sailboat '
above the Madison street bridge when
two wlshsd to go ashore in s skiff. In
ths confusion nearly every member of -the
party was thrown Into the water. '
Brasel and others managed to - drag
themselves -out, but two of the party,
a man and a woman, wsre drowned.
YOUTHFUL BURGLARS ' '
. TAKEN IN CUSTODY
-Oscar Newton, 15 rears of ace, end
hla brother Charles, aged It, were ar-"
rested today by Detectives Hartman and
Vaughn upon advice from Sheriff Cul
ver of Marlon county. It IS alleged that
the two lads committed a burglary near
Salem several nights ago and will be
taken back for trial.
WHILE ENJOYING
YOUR VACATION r :
you may be taken with a sudden and -severe
attack of Cramps, . Diarrhoea,
Vomiting ae atlllonsneM and 1t ts the
that you'll appreciate a few doaes of
Hosteller's
Stomach
t Bitters
Therefore, be wise
sl ana see that a
A supply la taken
along. . Tou can
Jet It from 'any
ru agist Besides
relieving the above
it also cures
HOT atBABAOI
orDtoBSTTOir,
com? mi,
B'lSFJIPSJJL,
nxiu XXX.S or
2gt.dBTA, '
Acnra.
OA
r
w- ,
The' genuine' has
Private Stamp
over seek ef bee
- '.-