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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 4, 1906)
THE OREGON DAILY JOURNAL. PORTLAND. TUESDAY EVENING, DECEMBER r 4. REED'S W . f4IUtU Supreme Court- Upholds Lower-Courts Sus tainingTDisposition of-Estate Valued at - ; More Than a Million and a Quarter (Special Ttipatch to Th Joaroal.) Salem, Or., lie. - 4. In the mat tat " ceaeed. a content of will and application tor prDLHm mcmit, iiii . . .... ... et al.. contestant and appellants, , : against Martin-Winch, executor of the teetament and trutiteea of tha Reed tn- . iatltuta. contestees and respondents, an appeal from Multnomah, county, A. I Iraser. J. B, Cldand and M. C Oeorce. Judaea, the ludsrment of tha lower court mi affinnad la an opinion or Chief Justice Baaa of tha aupramo oourt to- - v -: " ;" Amanda W. Reed, died at Pasadena, . iilivri ma, in w . - - -' f the widow of 8. O. Reed, deceased, and r-.. t im Wov i ini . Mri kmq wax itiaui without rhtldren. Her win waa executed September 4, 1101. In thla stat " ji..aia ... i ..4 tMnnnal oronertv .valued at more than U.JoO.OOO. the trolk ' - of the eetate going to aatabllah tha Reed Inatituta- at Portland. " i Ita probata waa conteated on-1-the 'ground that tha oourt of primary Jurls- diction la the superior oourt or ixa n igeiee county, in .iuoin eonteatants allege that the testatrix . lived at tha time of her death. In har will aha declared herself a elt alien of Portland, residing temporarily tn .IIAimU Tk. iMtlAW h.!H that . tha Unl domicile of Mrs. Real was Ore- lon at .the time of her death, and her jwlU was entitled to probate here. - xateatlea of Testatrix TTevalls. . ?' After a length? review of what con- sututes a -aomicue, . me court mjm. , : "The deliberate acta of Mrs. Reed ln . dloate clearly that bar Intention was to dtapoee of her property according to ' , the laws of this state, and the showing made by tha contestant Is not such a to require a court to defeat her ex pressed desires, as to tha devolution of her property, by holding that her domi cile was not where she supposed and intended it to be. 4 la the ease of Fred Modlna and Ells '.Moore, appellant, against . F. I Rich mond, W. T. Wright et al.. an appeal from Union county, Robert Eakln, Judge, 'Judgment of tha lower oourt was modi fled by Justice-HaiJey. A suit for an accounting, damages and cancellation ' of deeds to certain property. It follows, . Wa .. .ft.. k. ' u .. . ft JOHN JOST EXPERIENCES SOME MOMENTS OF ACUTE DESPAIR Grtm despair possessed John Joet for few minutes this morning7 at the courthouse, all because of tha recent " change In tha naturallaatlen laws. Jost JUves t ISILFremont jtreetJHe wanted Ltcenst and eltlsenahlp ' pa- pera. . ' . " ' ' Ha went flrat to Deputy "Cupid" F. W. . Praap and secured a license to wed Miss 'Xena 8ch warts. Then he went to Dep uty County Clerk- F. Q. Wilde and swore to an affidavit stating that na oesireo to ' become a cltlien - of . the United States. Tha hew certificates of declara tion of Intention are. much mora elab orate than the old and are written out with a typewriter by the young women ' deputies. will man vnnr. certificate to yon this evening." said Wilde to Jost THEY HAD A TERRIBLE TIME : ;WITH THEIR COURSE DINNER A newly married couple together with the bridesmaid and best man, all reel dents of Portland, ordered their wedding dinner at Watson's restaurant and showed by their manner that they were unaccustomed to course dinners. They evidently had never seen oysters be fore, because they had "a terrible time" ' with them. First . they tried chopping them up in small pieces and eating them on crackers. Finally they arrived at the proper mods and evidently .relished them. The party passed up the olives as something new-fangled and unac counted for. Sliced tomatoes were nearer home and they went with a rash. - When the turkey was brought in the ' four were still nearer homo and enjoyed themselves to the utmost for 10 min utes. - When there was nothing left of : V bird but remnants Ihs quartet com menced to pull their napkins from their thing w . made for our kind of a , winter, for our climate, for our store and for our -customers. Are you a particular man? Then you'll be particularly interested. - This week we are making a strong feature of Men's Overcoatsthe new cuts $12.50, $15, $20.00,' $25.00. uioininQU) GvdKuhnPitro' Men'g and Boyg Outfitttr. IM and 161 Third Strict Mohawk Building. ----v 7. VALID modified, as to tha decree against Star and the defendants,' ftiaranau wonnvu and the Alnsworth bank, and a decree entered here dismissing tha suit as to them, and affirming the decree h all other respects, and awarding costs to defendant , '"'' '. . nUan rater zona Oeae. The ease of the city of Portland gainst J. H. Cook, James M. Neal and T. W Bigger, appellanta, an appeal from Multnomah county, John B. Cleland, Judge, was afflrmeJ by Judge Moore. This was an action commenoea April T.HOB. r Jn I Portland '- municipal oourt by the city against above named defendants for violation of ordlnanoe fnrhlddlnar the maintaining of slaughter houses In the city limits. The defend- aats were found guilty )n h municipal court-carried the case to the circuit court and were defeated there, In H. E. Noble, respondent, against M. E. Watklns and W. D. Watklns, her husband. Alice E. - Derrick -et al,de. fendanta, and Florence E. Oodfrey, ap pellant, .the appeal of Thomas McBrlde of Columbia county, was affirmed by Chief Justice Bean. Ths Decisions la School Cases. In John Amert, respondent, agalnat School district No. . appeal from Marlon oounty, William Galloway, Judge, waa reversed by Chief Justice Bean. This Is a writ of review challenging the valldltv of the proceedings of the de fendant school distrlot in tha matter of the erection of a school building and in curring tndebtednees therefor. -The proceeding was started to stop the pro ceedings of a school meeting and action by the board on the ground that notioe of the meeting had not been posted In due form, In O. A. Zetterlum, appellant, against H. A. Keens and James K. Towle, re spondents, appeal from Marlon -county, Oeorce H. Burnett, Judge, was affirmed by Chief Justice Bean. Tha action was brought by the plaintiff against two di rector of the school district to recover damagea for having been denied tha right to vote at' a school meeting. In B. 8. Brownell, respondent, agalnat Salem Flouring Mills company, appel lant, appeal from Marlon county, Oeorge H. Burnett Judge, Judge Moore allowed a motion to dismiss tha appeal. An expression of dismay was plain on Jost's face at this announcement. "X must have it before then," he said. "If f on mall It I will not receive It be- iore tomorrow. i ITWa can't t: It out before evening." replied Wilde. "Why are iron In euoh aV hurry for itr ' ' "Why I am going to be married this evening' said Jost exhibiting his mar riage license. . "I can't get married here unless. I have' eUlsenshlp papers." "Oh, yes, you can." said Wilde, laugh. Jng. - "Tou run along and get married and don't worry about this certificate. " - Jost Immediately felf 'relieved, and after Wilde had again solemnly assured him that aliens were permitted to marry In thla country, went away with hia marriage license securely tuoked la an Inside pocket. 11 1 collars where they had been tucked nnd started to back their chairs away from the table. A waitress hurried up and in formed them that there waa still more to come. With a grin on his face that showed plenty of room, for more food, one of the male members -of the party said: '1 knowed there was more comln'." - - - ... j . Salad and dessert qntekly ' followed and than the climax came in tha shape of linger bowls filled with water on which floated a- piece of lemon. With one ac cord the entire party lifted the bowls to their mouths and did not remove them until the - last drop had been drained and then each and every one ate the slice of lemon. EXPERTS ARE WORKING ON CODE Preparing Final Draft to B Pre sented to Water Users' : Association. Irrigation experts of Oregon are work ing hard In Portland today to fashion the final draft of the Irrigation code to be presented to the legislature by the Water Users' association, which code It 1. iiaped. wlil.se ttla U -differences and unravel existing tangles. A meeting was held at the rooms of ths Portland board of trade last night to consider ths preliminary draft of tha "bllL El wood Mead, an expert on Irrigation and Irrigation law, whose word Is recognised throughout the Irrigated sections of the United States, met with the sxeoutlvo committee) of the association- and ftle cussed the many phases of the proposed bllL This morning a session of the. Nm mlttee, presided over by Benator Wheal don of The Dalles was held In the par lors of the Imperial hotel, and another session Is being held this afternoon. The preliminary bill will be amended section by section until all seen flaws or anv blgultles are eliminated and corrected, when the polished draft will be submit ted to the people of the state for.tl.ulr consideration, and then finally presented to the legislature. The committee expects to finish its work, late this afternoon or thla even ing. Karboy Conference Delegates. Kansas City, Mo., Dec 4 1. n. Fran cis, president of the Trans-Mlsslmtppl congress, today appointed delegates from the congress to ; the. deep, water and harbor conference next week at Waahlngton, where It states and terri tories will be represented. ' Oonslns noeeeds XI tt. ' (Jeoraa! Special Serrlet.) Washington; Deo. 4. elpeaker Cannon has appointed Cousins, of Iowa ' to suc ceed Hltt aa ehalrman of tba house com mittee en foreign affairs. . FAKE LEG CAUSE OF LAW SUIT Artificial. Umh Principal. Exhibit in Trial Before Jut- tie Raid. A naked leg walked back, and forth on desk In Justloe field's courtroom this morning, hopped, danced and even kicked up Its alngla heel fwr the edifi cation of the Judge and hangers-on of the dispensary of Justice. The leg waa unattached and lawyera took It In their hands. Inspected its dtmenelons and ex amlned. its flexible toe and supple knee joint . . "It's a mighty good leg." declared At torney J. T. Chlnnoct. "I wouldn't wear ft. for a farm," said Attorney R. Trimble. It was only an artificlai leg, but so oomplete was ita likeness to a living limb of flesh and blood that spectators shuddered at the gruesome sight The leg was the chief exhibit In a suit to collect 171 on .notes drawn by A. IL Downs, an employe of the Port! i j . . .w.M Portland Artificial Lamb - company. Downa purchased tha limb on Juno 1 last paying $2t down and giving notes for the balance 7t as tt was to be a 100 extremity. Wonldn't Take X.eg Back. Downs wore bis wooden leg only two weeks, when, because It did not suit him, he offered to return It to the com pany and let them keep his $25 pay ment The offer, however, waa refused and a few days ago suit waa filed to collect the balanoe. W. T. Spenoer, vice-president of the manufacturing concern, who made the sale, declared on tha atand that he had offered to ir-ke any corrections neces sary to give entire satisfaction, but that the offer had never-been accepted. Go ing into details, he explained to the court tha marvelous mechanism of the combination ' tfrwtifcd, leather and' springs, and showed how, by the simple eUlpplng of a small wooden tube, the knee could be made to recede several Inches and constitute . more stable, though not so sprightly, a substitute for the real article. Downs, ths defendant Is but 11 years of age. When 10 years, old a misfit shoe rubbed, a .sore spot on his heel. He ran out In the rain and wet his feet his stocking faded and the dye, enter ing the sore, caused blood poisoning, which resulted In the amputation of his' left lag close to the hip. - '" "" The trial was still In progress toil afternoon, . , TWO BANKS AND ONE SALOON AT HERMISTON (Special Dispatch to Tha Journal.) " ' Hermlston. lec 4. Following ths announced Intention of C. D. Swayxe of Oklahoma to start a state bank In this place cornea the announcement that a second bank will be established here by Montana man whose name Is not now made public The 8wayseT6anlrwirrbsrernani0 jatr Sunday-morning. located upon the east side, while the latest venture will be on the weet side. The Una of demarkatton Is the O, R. A N. tracks. Hermlston is to have a saloon., the county court having withdrawn its ob jections, which were simply that tha proposed saloon would be within four miles of a government project upon which were employed laborers and which objection was In accordance with the federal statutes. The applicants for tba lioense have succeeded In convincing the couiftlit there Is net new any gov ernmen work' within four miles of the place, f. :r-- . . MATES ON COASTERS WILL ASK MORE PAY (Special DWpsteb te The Joerast.? Seattle, Wash., Dec. 4. All first, sec ond and third matss on vessels In the coasting trade will soon make a demand for higher wagea since the new over time schedule of sailors baa gone Into effect. Within the past week vessels sailing from Seattle have agreed to pay seamen 80 cents an hour for all work performed after I p. rn. On and after April 1 sailors are to receive 160 In atead of tit monthly wages, which, with the overtime they earn, will make their wages equal those of .mates. Ths engineers were recently granted higher wagea. and it la understood the firemen and ths waiters are in line for a raise. First mates, tt Is understood, want 1100 instead of 190. Second mates will ask 16, and third mates 178. DIED MYSTERIOUSLY STILL UNIDENTIFIED (Special Dtipatch to The Journal ) Pendleton, Or., Dec. 4. The body of the man who died at the poor farm Saturday last after being badly beaten over the head In some kind of a row there has not yet been Identified, though It has lain -In a local morgue ever since. The man, who was apparently about 82 years of age, survived his injuries sev eral days, and though . conscious snd with the uss of his vocal organs a por tion of the time, he at all times posi tively refused to either give his own name or those of his assailants. Ths fight which resulted in hla death took place at Umatilla. ORDINANCE REGULATING SALOONS OF SALEM (SfiecUt Dtsritrb te The Journal.) 'Salem, Or.. Deo. 4. The Selcm ol'ty council last evening paseed an odnlnance regulating the closing of saloons. No barroom shall be open between the hours of It o'clock midnight and -1 o'clock a. m., nor at any time during (tun-Jay. At all times When closed all curtiins and shades shall be -removed o that the Interior will be entirely vlwllile from the outside. The ordinance was Intro duced November 18 by Councilman Oe ner. LAGRANDE COUNCIL . DEBATES NEW CHARTER La Orsnde, Or., Dec. 4. The city council met. last night td consider the adoption of a new city charter. The council remained In session until a very late hour, finally adjourning until Wed-I nesday evening, "at which "ttnurTrnalj action will be taken. CUBANS BELIEVE IT , MEANS A PROTECTORATE .Havana, Dec. 4. The Impression cre ated tn Cuba over President Roosevelt's utterances on the situation in his mes sage is that Washington is determined U establish a protectorate. . , REALTY- MARXET SUFFERS FROM HOLIDAY SEASON Number of Small Sales Are Re ported, However, In Several ' , Districts. ' Real sstste dealers report the market slow in recovering from tha effects of the holiday season. A number of small eales were closed up yesterday and to- dav. moat a them hnnvw. n.tn. 1m. iow me iiQ.ooo class, . V. W. Qoldott closed a deal yester day with A, 8. Ellis for a two-story brick building, 10x100. on Williams ave nue near 8 tan ton street, consideration 110,000. The sale was negotiated through 'the agency of I Salomon. Charlea J. Bchnabel has bouarht -the brick 'block on Russell street near Oan- tenbeln avenue, that has for some time been occupied by dos toff Ice station "B. for tI7,(00. The sale waa mad by Reed, Fields eV Tynan, the owners. Dr. William Jones has sold to H. Wemme the lot 18x78, at Madison -and First streets, for 111.000. The sals was made by. tha Diets-Mueller company. M. J. Cloheeey and . associates are having their Fulton Park tract platted for the market There will be some thing over 100 lots In ths piece. - The streets will all be more or less curved on account of the general contour of the tract Mr. Clobessy Is preparing to build a. waiting-room near tha center of the tract on tha Southern Pacific's Fourth street line, which runs through the property. A. U. Mills, president of tha First National bank. Is preparing to let tha contract for a ' 180,000 reeldence to be built on the corner of Twentieth and Johnson, streets, where he haa lived for the paat II years. The new residence will be of pressed brick with an Interior finish of hardwood. The architecture will be strictly colonial. Tha plans were drawn by Shipley, Rutan tt Cool- Idge, Boston architects. The foundation and basement pters Of the Wilson building, at Fourth and Bumaide streets, are finished. The structure 'will be of reinforced concrete. three-ctorlee high, with walls sufficient to support inree aaaiuonai stories. Real estate transfers-filed for record yesterday amounted to 186,000. ; The only deed filed Involving any consider able sura was that of Percy IL Blyth transferring to J. M. Swlrsky lots i, f, T snd S, block lit, Psrk addition to east Portland, consideration of I1T.I00. lORONER'S JURY- SAYS-ACCIDENT- Declares Anton Fritz Did Not Meet Death by His Own -Design , Jooraal Special Service.) Los Angeles, Deo. t.WAocldental death" la the verdlot of a coroner's jury which Inquired Into the fate of Anton Frits, the man whose headless body was found sbeside the railroad track In San The police, however, do not believe that this theory Is borne out by the circumstances In tha case. The fact that tha body was not run over or In any way ' mutilated causes then to be lieve that Frits deliberately laid his head on a rail and waited for the com ing otf tha train. FATHER'S LAZINESS IS CAUSE OF BIG ROW Lewlston, Ida., Deo. 4. Because they sang that good . old song, "Everybody Works but Father," a crowd ' of nine drunken Italian railroad laborers, who construed the song aa an insult to Pope Plus, fired five bullets at Justice of the Peace Frank Galea and Charles Swen daeh in a saloon at llo, east of here, last evening. A piece of flesh' was clipped from Gales' shouider and a hole burned through hla hat Bwendach's left forearm waa broken by one of the bnlleta. The Italians had been drinking all the afternoon, and when the- two cltlxens dropped Into the aaloon and laughingly repeated the worda of the song, the for eigners, who mght the word "father,1 thought an insult was Intended for the "holy father" of their creed, and grew Infuriated. - Despite wounds And flying bullets, the two Americans, assisted by the bartend er, put the nine Italians to flight No arreste have aa yet heen made, but It Is believed the men will be found In the construction camp where they were employed. BURNHAM. DEFENSE CLOSES ITS CASE (Jnarnsl Special Berries.) New York, Deo. 4. The prosecution In the case of Oeorge Buraham Jr., vice president of the Mutual- Reserve Life Insurance company, rested today and arguments followed. A New Trunk Factory. : Portland Is growing both In popula tion and business. Evidence of this Is shown by the many new stores and fac tories springing up In the various parts of the city. Prominent smong these 1 a neat trunk store snd factory managed by Mr. J. B. Wilson, formerly with the Harris Trunk company. 4lc Wilaonand his partner, Mr. J, Champion, have a neat place on Third street nesr Madison, where they carry a large stock of trunks, suitcases and straps. This is Just one of tha many evidences of Portland's growth. LOOK OUT FOR SOME "SNOWFLAKES TONIGHT : e District Forecaster Beal t"- e doing hla best this year to pleaae e e the public. For. the paat few 4 e months he has furnished all s) e sorts of weather' and now he e e predicts ' "rain or snow," .with 4 e . emphssls on the snow. The w e easterly winds will be a, thing of 4 the past temporarily at least and 4) e the cold-sufferers will find re- 4 e lief In less biting breetes from e e the south. e e It Is a long time since Port- s) e land was visited by a real live e) e snow storm and ir the rieecy -flakes should really begin to fail e a scrambleTor- sleighs,-sledge,e) e snowxhoee and snow snoveis win e 4'be urr to follow. Dealers In" e e such articles are hence looking e 4 with longing eyes to the weather e e man. hoping that he will give e them a chance with the Ice e cream man, the patent oold-our ) e manufacturer and th la and e coal men. In the meaatlirie the ' e e umbrella dealer pray for rain. e) ,: ; .wt TO liELlOUE DHIild AS-CHIEF At Tonight's Meeting Police Commissioners Will Name ',' New Head for Police. ? J (Jourasl Special Service.) San Francisco, Dec. 4 Chlsf of Po llo Dinan Is slated for removal from office by the board of police commis sioners at Its meeting tonight, and it is not unlikely that the action of tha com mission will amount to his absoluts and permanent removal from office, with the speedy appointment of a new chief at tha head of the department, who will be selected from among several candi dates whose names have been - care fully .considered bv the commissioners during the past few days.. Among tha men under consideration for this Important post are two army officers General Woodruff and Colonel Coolldge both of whom havn been well- known residents of this city for many years. - - ..., Captain John F. Seymour, now head of tba detective bureau of Welta, Fargi St Co, 'a Express and former captain of detectives . In the local police depart ment. Is also mentioned aa a possibility. ir the commissioners go outside of the department to and a successor to Chief Dinan It Is understood one of these three will be chosen, provided the se lection Is not prevented by any legal obstacle. The grand Jury resumed Its sittings today. The Belvidere mueio nail, the municipal brothel, and aeveral other cases were continued. The star witness Is Frank Carlllo, ex-manager of Aurello Herrera. Carlllo told the Jury that an unsuccessful effort had been made r him to secure a permit to erect a tent In ths unburned distrlot. In which he proposed to conduct a vaudeville ahow. He attributes his failure to get the per mit to his refusal to give up a third of the recetpta trepresentatlvee of 4he administration. BONDING COMPANY IS SUED FOR THE AMOUNT Alleging that payment of a surety of $i,01T was refused by the United States Fidelity . ft Guaranty company, W. T. Turn hem has brought suit In tha state circuit court for Judgment against the bonding company. In his complaint Turn ham alleges that In May. 1906, .a Judgmenf for tl, SIT against the Calu met eV Oregon Mining company was secured In the circuit eourt of Josephine oounty, and property attached to satisfy tha Judgment Later the attachment was released on a promise by the bond ing company to pay to Turnham the amount of the-Judgment 'against the mining oompany, Turnham states that no part of the Judgment has been paid by the bonding company, though de mand for payment was made, lie asks a Judgment against tha company for the, 12,017, with oosta, , ASSOCIATION ELECTS ITS NEW OFFICERS At the meeting of the First Street Improvement - association last evening the following officers were elected: President, a K. Henry; - secretary, Frank Dayton; treasurer, J, W. Cook; executive committee, Oeorge W. Law rence Jr(. Pr,-George W. Strowbiidge. C K. Henry. Frank Dayton and J. W. First street property Owners will net fight the decision ofthecrtyaUorney" that tha city cannot be held responsible for - the old .wooden- blocks n that street The city , guaranteed the new blocks In the pavement, but not tha old ones. The property owners will pay for new pavements themselves. The P. R. L A P. company some time ago announced a plan by which cars would run only one way on First street A committee- of the association report ed last night that under the terms of the franchise cars must rnn both ways. The oompany will be asked to lay heav ier rails. - ' a PRESIDENT AROUSES . RAYNOR'S INDIGNATIONi ' (Journal flaaelal' flr4m t Washington, Dee. 4. Benator-Raynori or Maryland regards the president's at titude toward tha Japanese as absolute ly Indefensible, and such a threat aa the using of force against a sovereign stat as "outrageous and startling to the imagination." ,. f Thla afternoon Senator Raynor of fered a senate resolution directing the president to notify all the world, Japan Included, that . states of the United States have exclusive right over schools. The .resolution proposed de clsres It Is the opinion of the senate that there la no provlaion In the treaty with Japan that relates to the subject or Interferes with' the right of the stat of California to ' conduct a sys tem of schools .In accordance with It own legislation. . Raynor will speak on the subject to morrow. IMPORTANT RULING ON RATES IN WASHINGTON (Speelil Dtpit- te Tb JeerasL) Walla Walla, Wash., Dec. 4. Judge Thomas H.- Brents of ths . superior eourt has overruled the demurrer of the state railroad commission' to the peti tion for a writ of review filed by the railroads of the state. The poln,t fought for by the railroads In the hearing was that th commission had no authority to make a blanket order as they did last June prohibiting the railroads from raising any rates without ths consent of the commission. The eourt held that such power had not been speclfloally conferred by the law. Th commission was given 10 day to file an answer. It Is ths Intention of the state lognl department to rush the case,, through to flnnl adjudication, -that the next legis lature tray remedy defects found In the law, especially in the respect of powers it grants. - r SAYS NO RELIEF FUNDS ; STRAYED OR STOLEN Washington, Dec. 4. Taft preeldent of th Red Cross, today received allele? gram from James D. Phelan, of Ban Francisco, denying that any relief funds had gon astray or been stolen. f. Kashas X Kissing. Mrs. C D. Alden, 44 East Seventh street, reports- that her husband ha been missing since 11 p. m. yesterday. He I 4 year of age and a painter by trade.' Th dlatraoted wife I unable to assign aay reaaoa for th Strang dlapparanoa . Lilt! BAD, OUT ISjkSK IIIAT PERUII rSmHIlE Llw4-- Judge 1 FrazeCJDecJdesXase Against Evidence Because of Rule of Court. . Though believing his decision to be unjust and without reason, judge Fra aer in tha state olroult court this morn ing stated that a hard and fast rule of law. bound tha court and prevented him from deciding the case of M. G. Itenkle against M. Klapper as his sense of Jus tice dictated. --. i , IJenkle had , brought a suit for an Injunction to ' restrain Klapper from fencing up a strip of Isnd opening off Mllwsukle street, near Powell street. which Henkle olatmed was dedicated by Gideon Tlbbetta, the original owner, as public highway. Wenxiee property adjoins the road. By using It he has to go only 160 feet to a car Una, When It- Is fenced up he has to go a distance of 860 feet to get to the ear Klap per claim to have bought tha strip In question. - Juria-e mue helit that -the- evidence ! sustained the contention that tha atrip had been orally dedicated as a road and bad never been sold. He said: "I believe thla strip Is a public high way. But there la a rule of law that provldea if the plaintiff can get ouT In any other way, no matter bow circuit ous or inconvenient It may be, he can not maintain a civil suit as a private eltlsen to have the road In question ad Judged a publio highway. In thla ease Henkle can get to the ear line by going TOO feet south and 150 test west Bala Vsa Been Approved. . "I think the rule Is unjust and with out reason, but It haa been approved by the supreme court of this stats, and It Is ao firmly established that the eourt Is bound' by it. The suit for tb in junction will have to be dismissed. "'But unless a suit can be brought In ths name of the state, to declare this road a public highway. I believe Henkle ought to go to the distrlot attorney and have an Information filed agalnat Klap per, charging him' with obstructing a highway." Attorneys W. S. Hufford andW; Seton appeared for Henkle. They stated this morning that they had not had Urns to consider whether further action would be taken. Klapper was represented by Attorneys tsernstein ana wonen. RUNAWAY BOYS CARRY GUN TO KILL" BEAR Three boys nnder It, a revolver and an Inordinate desire for adventure, caused ths police of two cities consider able difficulty last night Mrs. Morgan of-HS Union avenue phoned early In the evening to Captain Slover that her son. Ora Morgan, Charles Hunt and Her bert Martin had left ' their respective homea for a trip "to California. The ad dltlonal Information waa imparted that young Hunt was In' possession of a re volver wherewith to shoot bear and other game en route. A lata r - the - police were Informed that Ira had been appre hended, but his two companion bad taken .up;. their Journey alone. The po Hoe in- Oregon City were notified to be on the look-out for the youngsters, Thar were arrested later - In the - even- log and this morning were returned to this Oltr.--.-.. -..-". '- CHAMBER OF COMMERCE WILL NAME OFFICERS At a meeting of the trustees ' of the Portland chamber of commerce today action was taen providing for the .an nual meeting of the chamber and elec tion of officer for the ensuing term. The following nominating committee wns appointed: W, D. Wheelwright B.-M.' Mears, Robert Livingston. The commit tee will report 10 days preceding the' an nual meeting, which Is to be held De cember 39. In al) probability the ticket they recommend will be elected. JThe trustee added two more1 members, "Jay Smith and Walter Burrell, to the com mittee on Insurance laws. Thla commit tee .will draft a bill for a uniform fire In surance policy, compulsory upon all In surance companies desiring te do- busi ness in this stat. Sir Thomas Makes Record. Blr Thomas-fr d Bridge. port, Connecticut recently made a visit to ths factory of the American Orapho phone company and was shown ths man ner in which records are made. He waa so greatly Interested In th operation that he mad a cylinder record himself on which he related one of his Inimitable stories explaining how It happens that hs has not won ths America's cup. This was reproduced. Immediately, on the Twentieth Century graphophon very much to Sir Thomas' delight Several artists Yrom ths record-making depart ment of the Columbia Phonograph com pany, In New York, were present, andl nr. rnna cianiey, me wsii-anown baritone, aang "Tommy, Tommy Upton." a travesty on "Tommy Atkins," render ing it with fins effect and to th great enjoyment of all who heard It Will Consider Sewerage. -The Bellwood board of trad ' has called a mass meeting of the cltlxens of Bellwood to consider th matter of establishing a sewerage system In that suburb. The meeting will be held on Thursday night at Campbell's ball, over Knlpe's grocery store. Water, gas and street improvements will also be dis cussed. , Blase In Boof. A small blase broke out In th roof of th building at tl) Bast Washing ton street this morning, but It was x tlngulshed with a -chemical before much damage had been done.- Th building 1 occupied by a grocery store and O. Aker berg's touring car factory. The firs started from a defective chimney. BT Babblsh la An order haa been Issusd by Chief of Police Grltsmacher calling th attention of all members of the department to the ordinance against dumping of rub bish of any character on the streets. Th chief states that some of th thor oughfares are most unsightly, owing to the depositing o building material and other debris. He - Intimates that the police bavs not been- enforcing ths ordi nance. ' .. 1 ' 'BnUa Is Snad. Captain of Police Patrick Bruin I de fending himself tn- suit for l. -damage In Judge Frsser's department of the stat circuit court this afternoon. The suits were brought by Grant Test and Ernest JCngel for dsmsges each for false arrest and Imprlsqnmsnt hart Kin Wrack la X4kT (Special Dispatch Th Journal. I Baker City. Or., Dec' 1 Word ha i,t ku.. MMivd hw. Af a rraleht wreck this side f rocatello. Idaho, jast mgnt. It 1 reported that one man was killed. I BE -REFUSED- People Object to .Blasting in Quarry at the Head of. ; Qrover Street. A ..II.. 1 iruiiwuuD wu euon oe gnaa for permit to blaat at the proposed quarry at the head of Grpver street a, K. Merges and R. F, Crlttenton are tha leasees Of the O. R, ft N. property upon which the quarry Is to be established." A hlackamith ahnn hi. K,,ll m-A " a out made In the hillside, ' Meanwhile residents of tha vicinity are busily circulating-: . petitions ' ad dressed to the city engineer, asking that the permit bo not Issued. They will fight the quarry proposal tooth and nail, and every property-owner within a wide area will be asked to sign the protest The operations wilt begin on blocK from - four dwellings and ' not much farther from a doson others. - The peo ple In these houses fear the buildings will be damaged, and most of the resi dents In the neighborhood declare their property win depreciate in value IX n auarrr la ooened. a.-j. t - OOMoUma aeldtar Talks. Th people were Uer first and I can't sea that anybody ha any right to go In, the and open a quarry or any thing els that will Injur their prop arty." said Councilman . Beidlng thla morning. He was appealed to by resi dent of the neighborhood aa soon a It was learned a quarry was proposed. "There is no good rock tn those hills. and th taxpayers will almply be buy ing poor' stone for their street it th quarry is-opened." . . City Engineer. Taylor made a prelimi nary examination of the ground yester day afternoon, A ravine, runs into th hill at thla' point, and It I on th side' of thla gully that th blasting l t be don. v "Blasting la dirt and rock Is very different from blasting In hard clay, and the blasts will make hardly any nols at all."- said R. F. Crlttenton. superintendent of the qusrry, this, morn ing. "There won't be any such noise aa that on Willamette height. W will put II men to work; tn fact they would have atarted this morning If this pro test hadn't been made. That la good rock there. . I spent two months looking over all the hills around Portland for good stone. ' . The remonstrance will be presented to th elty engineer this week. . nnrn- irrrn lit - irrnnurv bUtd flriLB All AIIUKIUI WITH HORSE WHIP Jacob Sauer and Family Try to Assault Lawyer Strow- , . .t : bridge. ''. : tlsfled over an Investment of tock, Jacob Bauer, a saloonkeeper of TT Mtlwaukle street accompanied by bis wife armed wljih ablacksnak. whip, and M. Woxsmlth. a friend, sought put' Attorney Joseph A. Btrowbrldge, Jr. In the tatter's office' In the Commercial hnildlnv veatardav"arranoa. t eomnel him to return the1' money Invested at hi solicits tlon.' -f -.. , . i Btrowbrldge had - strenuous . en counter with the trio, during which Mrs. Bauer endeavored to strike hlra with the ll0rewnip. nnaiiy, in- oraer to hti himself from ptunsiiiiientt wtrownringa, filled out a check for the amount de- mandedV- Aftsr stopping payment on the check - beore his assailants could reach th bank, Btrowbrldge visited District At- torney Manning and aworsi td com nlalnia mlmt Sauer. hla wife and WoX- smlth on charges of assault and bat- ll J. All .UU.UUl.-l vv,,... . against Sauer on a charge of threat against Ufa, Upon th Issuance of war rant Mr. and Mr. Bauer and Woxsmlth war arrested about ( o'clock last sven Ing and released upon 11,800 bonds. In ths police court this morning At torney Bchnabel, representing me de fendants, aaked for a continuance until Friday, which waa granted. - Sauer wan present with . th blacksnalce, which Deputy District Attorney itaney cnar- acterlsed as a "dangerous Joy." Haney asked -thtths court-lake jiome action to compel Sauer to remain away rrom Strowbrldae until the case can be heard. Sauer thereupon promised Judge Cam eron that he would keep the peace. Bauer was recently lined y Judge Fraser on a charge of allowing his minor son to rsmain about his so. loon. Sauer was In the habit of allow ing his wlfo to serve drinks In his re sort until compelled by Captain Bruin to stop ths praottce. Some time sko the Sauer became engaged In a lawsuit with a neighboring family named Hay wood over- the chopping of a cherry tree and ths case attracted much atten tion at th time of trial In th circuit court i , " .". ERNEST NARJ0T HELD TO THE CIRCUIT COURT Ernest Narjot who was given1 a pre-, llmlnary hearing before Judge Cameron laat week on a charge of allowing and permitting his wife to remain an Inmato of a house of ill fame, was bound ovr to tha circuit court this morning. HI bonds were fixed at 11,600, In default ol which he was remanded to tne custody Of the ahertff. ine coupie nae a vima mrwv in in age. which Is now In the custody of tha juvenile court The testimony adduced snowed inai narjui, mwduii oinuit a good living by ths aale of trusses and soliciting Insurance, made no errorc to reeirain nim wu. iiu ... . shame. He visited her on an average or twice a week during the time she was an Inmate of the brothel and . on two occasions accompanied her to visit th child. , Work of Sneak Thlaf. Mrs. Lsmberson. Ml Washington street. reports that- her room waa entered last night by a sneak thief, who stole her purse, containing IX. A young man was seen leaving the apartment shortly be fore the discovery of th crime, ana l now being sought by ths police. Orsbbed Doubl Bngl. '' D. Tascon waa arrested this afternoon by Detectives Price and Innskeep on a warrant charging blm with larceny. Nat Coetanso. who conducts the Moon loon at Flrat and Jefferson streets, al- leges that Tasoon graooea a izv gold niece eft hla bar laat night - . . Fined Twenty Dollars. W. A. Miller, the commercial traveler whe flourlahed a gun in a threatening manner In tha - Pullman aaloon. eon ducted by John Conrad on Alder street ' iss( garuraay nigni, was nne? mia morning by Judge Cameron. y !,- - V