The Oregon daily journal. (Portland, Or.) 1902-1972, November 26, 1906, Page 2, Image 2

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Attorney Freeman Believes That
Exemption6f Telephone and
Telegraph Wires From Maas-
ure Will Invalidate Whole' Law
; If Test Is Made.
- v 0RDII1CE
, t
That a phrase In: the ordinance regu
latins overhrad wires Is unconstitu
tional and would nullify the. whole law,
' were a test case brought. Is ths doc
t la rat loir of Frank T. Freeman, attar
' 1-ney for tha Electrical Workera' union.
.;, , Telephone and telegraph wires are
empted by nam In the measure which
ther-way;n4 moans -oommlttca of ihs
j ' . council outlined ct the Monday night
, routing, from which the attorneys of
v.. both aides were excluded. ' '.
i It Is this phraaoTPIephone and tele
,, graph wires" whlch'mahes all ths trou-."
( ble. M. y. Masters, the only lawyer on
the , committee presantMondI. nignt.
, admits that a change must be made In
- the ordinance. He says he understood
' wires carrying leas. than a certain volt
age wore to be exempted, and that the
section aa written would undoubtedly
be declared unconstitutional.
, Both the linemen end the electrical
compel. y had agreed that wires carry
Ing not over 10U volts should be x
. empt from the provisions of the ordi
nance, whlchv jwgulate the distance he-
-tween' wires dh the cross arm nd tns-
poses other restrictions.
.Through careleasness the sommlttee
apparently Ignored another . section
. which both parties had sgreed to, and
framed the ordinance so that the elec
trical combine, la the recipient of -a
. large bortjuot. -
.., . According to the linemen's ordinance
aa Introduced and aa afterward agreed
to by the company, all cables and wires
; running vertically ..up a pole from the
ground sball be encased In wood beyond
a, point 11 feet from the ground. This
was to prevent accidents where a high
power wire had fallen and was swing
ing against the vertical cable, of which
there are a great number In the city.
The ways and means committee, however,-
changed this so as to encase the
vertical cablea four feet from a point
where they were crossed by a high
power wire,' one carrying 760 volte or
more. ' " I
As the same ordinance puts all these I
high power wires on the top crossarm
It Is apparent that the cable would never
cross one of them at all. This would
mean that the present condition would
remain unimproved.
(Continued from Page One.)
had received a hint that royalty would
be pleased to be entertained at his mag
nificent estate.
Mr." Aetor, wEose expenaTluresnive
. iamased the rich and delighted ahopkep
- ere, builders and contractor, haa stead-
, faatly refused to be Interviewed on the
V subject of the gifts to the beautiful
, countess. Here, when a reporter aaks
' a man what ha has to say on certain
, , matter, and receivea the answer, "Noth
ing. he is satisfied. He does not in
quire ' the why or wherefore, and Mr.
., Aator has not been pressed for explsna-
,' tiona ; 4 .-.. ' .
"' , .After." London had figured "out the
names connected with the story tha king
'l; at. which the beautiful Countess of
. , Westmoreland .reigned as before; Astors
", . , home was filled with titled people, and
. Westmoreland called at bis own home.
J? That the matter has 1een amlcably-ar
'. -.ranged, and that all the parties have
been restored to their old places In each
other's confidence through the good of
""- flees 'of the king, is said to be the lat
' 1 at development In the most exciting
eoelety drama that has thrilled London
. ' trt yearsi - .A ' ' - '
i (Continues from Page One.) '
repeat with emphasis what he had Bald,
'judge Beare added 175, making the Tina
1100. - McGinn then declared that the
eourt had been . taking a hand In tha
affair. . At this. Judge Sears Increased
the fine to 1160. rr
Tb'is ntornng when court convened,
a case In which Attorneys R. A. Letter
and McGinn were counsel was called to
hava the time of trial fixed. Attorney
loiter .laked that the cae be liet for
' trial In the January term of court. " At
torney McGinn arose and addressed tbe
i t .TSw r
TT'J sK MM or
4 J6 6 t s g ta
5 0 M W 4i
Thig it the month with the'
, turkey and that thankful feeling
on top. -, . - ' 'V,-,
But fullness can't keep you
warm clothing Is needed.
The kind that counts it the
kind that discounts the weather.
We have studied every con
dition of clothing, custom and
climate. Come in and youll be
Appropriate Thanks giv-
ing Suits and Overcoats, in
blacks and grays, , 15.00,
fZO.OO, f 25.00.
- CuKahnPW
' Men't and Bpya Outnttera. , .
16o and 168 Third Street.
Mohawk Building. V
court, stating that he bad no objections
to tha of Attorney loiter. ai
tor considering momnt, Judge Boars
"I will stat. Mr. MoOInn. that as
lone aa you remain1 In a condition of
recalcitrancy I, cannot recognise youf
appear nea-in courLll
Tertal Battie Beglas.
''WelU then. If your honor does not
recognise my appearance, I shall re
main recalcitrant. Thet-ls-underetood;
that I am contumacious snd recalclt
rant. Your honor was In no condl
Hon ' '
"I do not ears for any argument,"
InterVunteil Judse Sears.
'I don't care anything about It." re
plied MoOInn. "I meant lust wnsi 1
said.": .. . "r.-: v.
"Send for the sheriff.'' ordered Judge
. "Yes, sir. I mesnt Just what I ald.M
repeated McOInn. "There is one Vnan at
this bar who knows yon very well.-.
"I will have to ask you to retire from
the courtroom." said Judge Seers to
MeCJlnn. , - . - -
"I expeU to remain In the courtroom,"
replied McGinn. "I have a-constitutional
right to remain. . Your honor does
not become, because you sit on the wool
Sent Trota Oourtroom, .
Deputy Sheriff Kelly' entered the
courtroom whUe McGinn waa speaking,
and Judge Sears addressed. hlm.McQlnn
sat down.
"Mr. Sheriff I have asked Mr. McGinn
fo withdraw from the courtroom on ac
count of his language. You will see
that the order Is carried- out,'1 said the
judge to Kelly.
Deputy Sheriff Kelly placed his hand
t McOlrn's shoulder and asked hfm to
accompany him from the courtroom.
MoGInn rose and addressed Judge Sears.
"What shall I retire forT" he asked.
"What right have you to send me out
of this courtroom? Haven't I aa much
right to remain In this courtroom as
youT What constitutional right have
you to order me out of this courtroom
because you alt on the bench Hsve
you any right to do so? If I am In con
tempt, I have been fined for IC You
liave nirJfht to bring this matter ."
r "Just a moment," said Judge Sears.
"You have paid no attention to the
fine." - - - -
"I wlU pay attention to It.' said Mc
Ginn. .
"Will you allow me to speak t" queried
Judge Sears.
m"Yes," replied the attorney. .
-..., Bastta Batrea Agala. : " ' -
"You have paid no attention- to the
fine.' repeated the judge. "You have
announced charges against the court
which you say you Intend to probe to
the bottom. You are In a condition of
recalcitrancy, and the eourt cannot per
mit you to appear in tnat condition."
"Then I will remain recalcitrant,"
aald McGinn again.
"That will bo determined later In a
legal manner." said Judge Seara.
"I "" began McGinn.
"Walt a minute." said the Judge.
"I have a right to talk here." said
McGinn, : "The recalcitrancy will con
tinue." , .
"The eourt has asked that you remove
yourself from the courtroom, and I will
ask the sheriff to see that you obey,"
said Judge Seara.
McGinn rose te accompany Sheriff
Kelly. - . ,-
"I tin go with the sheriff, but I want
to tell you that I wlU be heard from,"
he aald to Judge Sears. "There la one
man who knows you. and who waa as
sociated with you, and knows you thor
oughly. And I am that man."
J"T,HarwsyolheoorMcIinn turned"
and hurled Ms parting Invective at the
" 'Not poppy, nor mandragora, nor all
I the-drowsy syrups of the world' shall
pans juuimtni upon me, ne saia, ana
retired with Sheriff eT41y. . .
He pauaed )n the jail outside the
cpurtroom for a few minutes and de
clared that he would never apologise to
tbe judge. Later be left the building.
Judge Sears refused to discus tb mat-
letottTMs'l" Spdest
Muskegon, Mich.. Nov. It. Two men
who say they are Thomas Morris and B.
Crosby of Chicago were arrested last
night In Manistee by Sheriff Field on
Information atating they had imper
sonated Dr. Liorena,' the famous Vienna
surgeon, and had given alleged treat
ment to Mrs. Casper Schneider. The
men are reported to have said they ar
rived on a special train with Governor
Warner and other political friends who
had aaked them to assist Mrs. Schneider
la her Illness. - ,
(Journal Special Sarvlra.
St. Paul, Nov. 2. James J. Hill, be
fore the state railroad and warehouse
commission, today said the Great North
ern aimed to make the lowest rates on
agricultural products, believing that all
bualness rests on the agricultural inter
est. He said , the farmers showed no
appreciation,' an remarked that it waa
hard to help people who wouldn't help
themselves. He said the commission
was likely soon to be asked to permit
an Increase of rates.
Ueeraal fiyrelat Saevlae.l .
Chicago, Nov. 2. Mayor Tom John
son of Cleveland this morning filed suit
for llOO.eo against tha Chicago Jour
nal alleging that he was libeled In an
article published on November 20. Tha
article criticised Mayor Johnson for al
leged interference In the affairs of the
f Chtca gn company, "
) Thanksgiving at Seaside-
The low rste of 12.50, good going No
vember tt, it, returning 10. haa been
announced by the Astoria A Columbia
River rallroa to Seaside and return, to
enable patrons to spend Thanksgiving
at the" beach. t Tickets -at -24S -Alder
1 street and the union depot.
A Klofc, Bead journalist.
(Journal Special SerTlet.)
Washington, Nov. 24. A copy.Of the
will of George K. Fitch, a pioneer In
journalism on the Psclflo coast today,
was filed with the register of wills for
the district.
Mr. Fitch established tha Call and the
Bulletin newspapers of San Francisco,
The estate Is estlmeted to be worth
1(00,000. -
WlU Honor a Sere. .
(Journal )teeUl Her rice )
Springfield. 111.. Nov, t The Daugh
ters of the American Revolution today
received bids for the erection of a shsft
to the memory of George Rogers Clark
snd his men. -
Una County Tana era Frosperons.
The f erasers of Linn county hsvs
mads money this yesr and many are
buying Edison phonograph from Fred
Dawson, the live Albany druggist. If
you want one. writs hlm.V . ...
' Fref erred Stock Censed woods.
Alice Xicwls' Best ttrend.
As ei
Crowds Journey to Mount Tabor
to View Proposed Park
Site. ."'
Annexation Question May Come 'Up
at June Election Improvement As
sociation Plana Considerable Work
Other Events on the East Side.
last Side Department. -
Kvery car going to Mount Tabor yes-
terdsy afternoon was crowded with
Sightseers and others who are Interested
In the Mount Tabor park project. Those
who are 'pushing the nark clan are con
fident that only one visit-will be neces
sary to convince any one that the spot
Is Ideally situated for park purposes.
: .'A com Die te view of the city Is to be
had from- thin -prominence, from tha
extreme south to tha farthest north.
One only needs to turn half around to
be able to take In tha mountains In the
east and far north and' look down on
the pretty little suburb of Montavilla
at tbe base of the eastern side of the
hill; and beyond,, miles of fertile farm
lands stretch before the eye. -Residents
of this hill are very ' n
thuslaatlc over their surroundings and
would not give their location- for any
other In the city. They have both the
city and tbe country In their panoramlo
landscape, ana wnue perhapa .their lo
cation Is farther from the city In some
respects thsn Council Creet, yet they
dec Is re that the steep approach to
Council Crest has Its disadvantages.
Tbe park plan has been carefully
thought, out by ths Mount Tabor Push
club, and tbe proposition will coma up
ror tne peoples consideration, as It Is
the objeot of the club to have the peo
ple's desire in the matter recorded at
ths next June election. ,
Boundary Siapata On
A great deal of misunderstanding ex
ists in regard to the precis boundaries
of -what la known as the Mount Scott
district Each one of the little com
munities that go to make up this big
district are very jealous of the others
and watch vary carefully- any-.-move
made by, any fit ths others that looks
like an attempt to embrace under Its
name a larger territory than right
fully comee under Its approved juris
diction, which la generally determined
by the publlo opinion of the combined
Ths Mount Seott district covers a dis
tance of six miles and Includes all the
stations on the Mount Scott line of the
Oregon Water Power from beyond
Woodstock to Lents, a territory In which
are three poatof flees.
Sines there Is no station on tha Una
that Is called Mount Scott many people 1
are confused by the name.- But accord
ing to the bes t authorities- In the die- I
trlot alb the .stations on the 11 n oan
share the name Mount Scott equally and
not Inappropriately, aa the real Mount
Bcott lies east of the entire d 1st riot In
the big hill that looms up beyond Lenta
The district Is rapidly growing snd
soon the boundaries of the many towns
along the: line will be bne.- Already a
movement for annexation la popular
except, possibly, at Lents, where a sen
timent for Incorporation la predomi
nant, and the district will probably be
added to the city at the general eleotlon
in June, 190t.
Improvement Club to Meet
The Mount Scott Improvement asso
ciation meets this evening and will
hold Its annual election of officers. Many
improvements roe-the district are talked
of. the moat urgent of which seems to
be lights for the car line. The com
pany will be asked to Install lights
along the moat frequented part a. of the
line and later they will be expected to
do more for the district. Their patron
age Is great and will be greater with
Increased -comforts In the way of bet
ter stations and lights.
A movement to continue the Improve
ment of Union avenue to Alberta street
has been started by the property owners
along the street and a petition for that
purpose Is being circulated among them.
Thla will be another great stimulus for
the rising values of east side realty.
This Is pre-eminently a business dis
trict snd the growth In the territory
adjacent to T'nlon avenue In ths last
frw years has been marvelous. Over
nine miles of hhrd pavement Is to be
laid on the east side In 1907.
The Bell wood Methodist ' church Is"
completing a handsome edifice on East
Fifteenth and Taroma streets that will
cost $B,0. It Is expected that the
'- hi'
: '
V,; '
We Beg to Announce That
We Have Secured The
Agency For The
Selz Shoes
A Trial will convince yoa
that they are the best
' ' shoes sold for the price
' All Styles All Sixes
$4.00 and $3.50
''Portland's Best IShoe Store'
Woiiien in Our Hospitals
Appalling Increases in the Number of Operations
Performed Each Year How "Wbmea May
. Avoid Them. '". , ' ' . ;'
- dolus? &iWffhTth hospitals la our
large cities one is surprised to find snch
largw proportion of the) patienUlylnf
on- tboea snow-whlt beds . women
and jrirls, who are either waiting
or recovering from serlons operations.
Why should thu bo tbe essay Bin
rlv because thev hava neglected them'
selves. Femals troubles ars certainly
on the increase among- ths women of
this -eeuntry they reep-upoa them
unawares, but every one of . those
patients in the hospital beds haa plant
of warning? in that bearing-down feel
lax, MUH)fru?xwrriguv uwwwuvu.
nervous exhanstion. pain in the small
of the back, dizziness, flatulency, dls-
ilacemenU of toe organs or irregular
ties. All of these symptoms are Indi
cations of an unhealthy condition of
the female org-ana, and If not needed
the Density haa to be paid bra danger
ous operation. When these symptoms
manifest themselves, do not dras? along
until yon are obliged to go to the hos
pital and submit to an operation-
bat remember uu Lyaia js. imic
ham's Vegetable Compound haa saved
thousands of women from surgical
When women' are troubled with lr
Momlar. suDnressed or painful periods.
weakness, displacement or ulceration
of the organa, that bearing-down feel
ing, inflammation, backache, bloating
(or flatulency), reneral debility. Indi
gestion, and nervous prostration, or are
beset with snch symptoms as dizziness,
lassitude, excitability, irritability, ner
vousness, sleeplessness, melancholy,
"all-gone" and "want-to-be-left-alone"'
feelings, they should remember
there Is one tried and true remeay,
Lyfi E PlnkhWs Ycftetabls CMBpood Socceeds Whert ethers HO,
building will be ready for dedication
some time In February. The Bellwood
church Is a strong organization having
received SO new members since ths nrst
of the conference year.
The Bellwood woolen mills were
staited this morning. Only a part of
tne mills win be put Into operation st
present but within the next two or three
weeks the mills will be running full
capacity. All ths machinery has ar
rived but not all has been adjusted so
that It can be used. The first processes
have been In working order for avme
time and they can be used with no In
convenience to in; part of the mills.
Th sacred nearr social -cm
ly elated over the success of Its drama,
'Among the Breakers,'' presented last
Thursday night In the Sacred Heart
hall at Mllwaukle and Kay wool streets.
The Actors did remurkably well. A good
audience greeted tha performance nn.l
all express themselves as having been
delighted with the play, gevw-al other
entertainments of a like character are
in the course of preparation and will
be presented during tbe winter.
New York, Nov. SI. The World this
morning says: Lawyer Albert Patrick
has won his fight for Ufa. - His snd will
not be In the electrio chair. Before
Governor Hlgglns gives up hla office
as chief executive of 'the state he will
sign a commutation Of ths desth sen
tence. Life .imprisonment will be Pat
rick's fats.
Itching, torturing skin eruptions, dis
figure, annoy, drive one wild. Doan's
Ointment brings quick relief and last
ing cures. Fifty cents at any drug
5b-3 XMn AliceBerrhU
The following letters oannot fail to
bring hope to despairing women. ,
Miss Ruby ' Muahmsh! of ; East'
Chicago, incW writes : ; ' r
Dear Mrs. Pinkham i
"I have been a great sufferer with Irregular
periods and female trouble, and about three
months sgo the doctor, after using tbe X-Kay
on roe, said I had an abceas and would have
to hava an ojwratioo. ' My mother wanted
ma to- try-Lyiiia F. Pin l ham's JoKetabls
Comnound aa a last resort, and It not iir
sevei me from an operation but made me es-4
ureiy weu." ., , .;
Mrs. Alice Berryhlll. of IIS Boy oa
Street, Chattanooga, Tena., writes 5
Dear Mrs. Pinkham 1 ' -f "
"Three years ago Ufa looked dark to me.
I had Ulceration and Inflammation of ths
female organs and was in a serlons condition.
" Mr beaita was completely broken down
snd the doctor told me that u I was not op
erated upon I would die within six months.
I gold him I would have no operation but
would trv Lrdia K. Hnkham's Vegetable
Compound. He tried to influence me against
It but I sent for the medicine that same day
and began to use It faithfully. Within five
days I felt relief but was not entirely cured
until I need it for some time.
M Tour medicine Is certainly fine. I have
induced several friends and neighbors to take
it and I know more than a doaaa who had
femals troubles and who to-day are as well
snd strong as I am from using your Vege
table Compound."
Lydia E. Pinkham's Vegetable Com
pound at onoa removes such troubles.
Refuse to buy any other medicine, for
yon need the best. .
Mrs. Pinkham, daughter-in-law of I
Lydia E. PinkhaTm, invites all aick wo-1
men to write her for advice, Her ad vie
and medicine have restored thousands
to health. Address, Lynn, Mass.
rconlInued"TroinPage rOne T
presence of mind to shout to his com
panion to grap the upper beam of ths
elevator and lift his feet from ths floor.
Van ths Cage Tell.
Lake a streak of lightning the cage
with" its' human freight dropped down
tbe narrow shaft to what appeared cer
tain deatruction. With a crash It struck
ths steel beams at the end of the ahaft
on the first floor. Tha force Of the lm
tiact hurled Mnf!antv through the ina
doorway, bis body turned a somer
sault and he landed on a pile of lum
ber. Heft was thrown Out. but beyond
the damage to his coat escaped un
scathed, The employes on the upper floors,
fearing that the two men would be found
an unrecognisable heap of bruised and
bleeding flash, hurried to their assist
snce. They found- Heft able to walk
about as If nothing out of the ordinary
had occurred and McCanty lying on the
floor conscious and abla to tell the tale.
The police were notified and Patrol
men ftobson and , Burke were sent to
the scene by Captain Moore. The' In
jury sustained by McCanty to his hip
and back prevented his walking1 and he
was taken to his room at the Mt. Hood
hotel. Water street and Hawthorne ave
nue, where he waa attended by a sur
geon. Ills Injuries, although Incapaci
tating him from labor for a short time,
are not regarded as serious.
It was only McCanty's foresight In
grabbing the top of the cage and crying
to bla fellow-laborer to do likewise that
saved both men from death. When the
elevator struck they bad their feet off
the floor and consequently did not get
the full force of the shock. It is not
known what eauseit the cable to break.
Regular $3.50
bt the mere material naed far their
. aiaauractore
We made 1,000 atnre staves tbaa the
arkf lmaaaeMlaBore tbaa we eaa sell
at wboienie M
AM we'll threw enr Isbor hi. Toe set
that Itrster aow 1 Toe lateod te bar
en. this rar, Tim 11 ant $t a chaare
like this ui a mnntn rroia amr.
iih from amr.
its aew I1.4S
ts sow.. fits
its sow 10
to aew tt.lh
All u h Alr-Tirhta aew......
All H H Alr-TlsHts
All 1. 00 Asr-Tishta
AU M.M Al-Tiata
Factory, & Salesroom
271 First Strwt
Between atsnaan sad Ittfine S treats.
Oyes fraca a. m. te p. m. t
These stylish in
strictly tailormade of the season's
' most popular cplors ih cheviots.
serges, panamas, covert cloth and
: mannish mixtures. Good variety
of sizes, lvalues up to $10 r ; E
yourhoice tomorxowL
, - - : Cash or. Credit as you like. ' " :
When this store announces a special sale the buying
public has come to know that it is worth while, and that
the reductions are bona fide. This special three days .
sale was well attended Saturday and today. Tomorrow,
the last day, will be
$42 SUITS... $30.00
$38 SUITS .. $28.00
$34 SUITS .. $24.00
Cash or. Credit
It will be worth your while to visit this store and tee the bar- "
gains we offer in Eiderdown Lounging Robes and Dressing
' Sacques. See Windows X and i. . - ,
Eastern Outfitting Co.
v Washington and Tenth
'. J v.
but In vUw of th smfrU of ropo
Uugn. cuai ix
bed been
weskened ' by continual -- use end the
weight of the two men added to the
wheelbarrow of lime proved too great
a strain. . -
- In discussing his rapid flight through
itb Electric Lights
Fairy lamps among the floWers!
and greenery, give to the dinner ::
tablean-artistic,-dainty zbeauty
nothing else can approach.
The decorative possibilities of :.
Electric lights are limitless, and
the appearance of the table has
. nearly as much to doT with the f
artistic success of a dinner as has
the excellence of the cuisine. ;
You can get an Edison light- '
- irig outfit for table arid other Jn-r
terior decoration, consisting ; of ;
24 miniature lamps, completely t
only $12 00. It burns about three r:
cents vyorth of electricitypcrl
"hour. : - '' s. r- -J
-The outfit is
safe will last for years.
Useful at all seasonsEspe
cially at Christmas time.
electmc mmw
LastlDay of
the biggest come early.
$25 SUITS,.. $16.50
$22 SUITS .. $14.35
$20 SUITS V.. $12.50
as you like.
space, MoCantjr statsd that It seemed
only e second after the rope parted
snd he shouted the warning to Heft,
that they struck tba bottom. Ths ele
vator was almost completely wrecked
by the fall, but ee It was eonstrneted
of wood the damage Is smalL ' .
. -
simple, clean and ' v
- . M ' ......