THE OREGON DAILY - JOURNAL, PORTLAND, TUESDAY EVENING. JUNE 8, 1903.
irAHE
KATE UPHEDB
Judge Galloway Decides That It Is With
in Jurisdiction of State.' Railroad Com
mission to Fix Rates on Portland Sub
urban Lines. v..
(United Press Leased Wire.)
Salem, On, June 9. Judge Galloway.
In deportment No. 3. of ! the .-, Marion
county circuit court this afternoon held
that the order of the railroad commis
sion fixing the far between Milwaukie
and Portland at five cents rauet stand.
The decision ia one of the most Import
ant in Oregon railroad law that has been
handed down In thl ctate'for soma time
end virtually determine the point that
It lies within the powera of the railroad
commission to establish passenger rate.
Complaint In this case was f tied by
the people and city of Milwaukie August
15, 1907, and after a thorough investi
gation the commission .orderea, on Jan
uary 30, 1908, that the fare be reduced
CHAHLER WILL
GO Otl STAND
Neighbor of Raymond Hitch
cock Says He Will Tell
His Side of Story. .
(United Press Leased Wire.)
j New ; York, June 9. Sidney Harris,
counsel for "William Chanler, announced
today that Chanler would take the stand
In the trial of Raymond Hitchcock, the
actor, who ia accused of having wronged
Helen von Hagen at his Long- Island
borne. . - , ' ' . t ,
Chanler has a place on Long Island
adjoining Hitchcock's. nd Is alleged to
have been present when the Von Hagen
rirl and Elsie voecke Tisited the actor
In ere.
Elsie Voecks, who Is alleged to have
been with the von Hagen girl In Hitch
pock's home, was on th stand today.
She said that she' is now It years old.
Her testimony generally corroborated
the Von Hagen girl's testimony except
that she asserted that she had never
kuffered at the hands of the actor. ' 4
The clerk of the Lambs' club, an ac
tor's organisation of New York, today
testified that Hitchcock had reserved a
room at the club on December 17 and
kept it six days.' The testimony com
bat ted the, assertion that the actor was
H tenant of the , "house with ' green
blinds" In the- tenderloin, to which It
was alleged that he lured the little
girls. After the clerk -.had finished his
testimony the defendant's attorney made
a motion that the case be dismissed,
but this was denied by Recorder Goff.
Assistant District . Attorney Garven
moved that the prosecution be allowed
to change the dates on the indictments
from December It to December 82, to
"on or about December 16," and this
was granted. . .
HAS SAFE KIT. BUT
BEGS ON THE STREETS
John Pevley,' believed to be a safe
iracker, was picxea up on description
y Officers Tichenor and Jones last
tight, at Third and Couch streets. pev
ley was arrested several months ago
h Vancouver.- At that time he had a
lafe cracking " kit on hint.- He was
eld for some time, pending an exhaus-
;ive investigation into his career, but
he police failed to find any charges
igainst him and he was turned loose.
Pevley disappeared . from sight for
iwnus, during wnicn time a robbery
was committed in Vancouver. i Pevley
suspected of doing the job and the
once nave Deen on nis trail ever since.
Officer Cresan of Vancouver was with
fones and Tichenor when Pevley was
irrestea test nignt. lie was Deggmg
honey along Third street in the vicin
ity of Couch. He mads no attempt to
leny his Identity. He was taken to
Vancouver tnis morning.
ALL HAD SJLALLPOX ; :
; AND DIDN'T KNOW IT
PWltl Dispatch to The JouroaLl
North, ..Powder, ; Or., June 8. John
Bhaw and his wife and little daughter,
who returned Tuesday from a trip to
the Tacoma battleship reception, sup
plemented with a visit to Charles Oibbs
and family at Seattle, are quarantined
on their ranch near town. Dr. S3, W.
Barnes finds they have smallpox.
Before leaving their home a girl had
been hired to assist in housework anJ
shortly afterward she was taken sick,
oroke out freely, but by good nursing
received and was at work when , the
family went on the trip north.' The
doctor, from the history of the girl's
case, says she had smallpox:
North Powder Is In no way alarmed,
as the town, under the administration
of Mayor McLaren, has for two years so
rigorously handled contagions that In
every Instance, as in the cases of
diphtheria in J. W. Cavender's family.
i
One of the
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viduals only, but of the many who have
the happy faculty of selecting and obtain
ur.g the best the world affords, w
One of the products of that class, of
Kqown component parts," aav. Ethical
remedy, approved by physicians and com-
mended by the Well-Informed of the
World as a valuable and wholesome family
fcxative is the well-known Syrup of Figs
in J Elixir of Senna. To get iU beneficial
ifTecU always buy the genuine, manu
actum! by the California Fig Syrup CoH
ttJv. ad for eale by nil leading druggists.
FIVE - CENT
Y COURT
from ten to five cents between Milwau
kie and Portland and from 16 cents to
10 cents between Portland and Oak
Orov as the people of Oak Grove
had Joined with the people of Milwaukie
in their fight for more reasonable rates.
The decision rendered today by Judge
Galloway includes both complaints.
The railroad, the Portland Railway,
Light & Power company, contested the
case at once in the Marion county cir
cuit courts as Is ptovtded for by the
state law, was granted an injunction
against putting in force the rate until
the case is 'finally decided and com
menced the long legal battle. The case
will be carried to the supreme court
where the powers of the commission
will be definitely and finally defined
as far as they pertain to the establish
ment of passenger rates In Oregon.
measles In J. C. Focey's and fccarlet
fever In Jack Pearson's, the disease has
been coafined to the ramiiy in wnicn
it appeared, and only one death oc
curred. Each person having cause to
suspect exposure" has promptly resorted
to the physician's mode of disinfection.
Tee results are held to prove that
other towns along railroads, though
without sewerage and liable to contag
ions from without and within, can by
oieanlng up and using proper means
prevent their spread.
ORDEAL FOR BARNES
BEGINS TOMORROW
(Special Dlipatch to The Journal.)
Walla Walla, Wash, June 9. The
trial of Bud Barnes, postponed from
yesterday, will be resumed this after
noon at I o'clock. The statement of
facts to be proved by the prosecution
will be made by Prosecuting Attorney
Rupp, who will outline briefly the hor
rible details of the murder of Mrs.
Anna Aid rich and touch lightly on the
plea of insanity, which the defense will
set vp. The defense will refrain from
making any statement until the prose
cution rests. , '
Barnes this morning tried to get a
consultation with his wife and his at
torney, but this , was denied by the
sheriff and judge.
The prisoner seems little worried and
appears rational. -
The Jury is composed of Wi H. Up
ton, merchant; Conrad Dietrich, grocer;
L. D, Lott. horse trainer; F. J. Kent,
farmer;-- Its F. Smitten, merchant; A.
J. Sberrod, miner;, JD. W. Dorrance, farm
er; T. ' G. Eagan, grain . buyer; J. B,
Irelan. insurance agent: John Neiners.
farmer! I F. Ferguson, dry goods mer
chant; W. C Barnett, farmer.
The taklnar or testimony will begin
tomorrow. :.?: i .
EUGENE MERCHANT
DIES AT SEATTLE
' - (Rpeelal Dltpatch to The Journal.) '
Eugen Or, June . J. W. White, a
prominent Eugene grocery merchant
died at Seattle yesterday after a short
Illness, of pneumonia. He went to the
sound city two weeks ago to see tha
battleship fleet and while there con
tracted the fatal malady. His remains
arrived in . Eugene this afternoon for
burial. : -
Mr. White was 63 years old. He was
born In Black Hawk county, Iowa. In
early manhood he nlisted for the Civil
war in company C, Seventeenth Iowa
Infantry, serving over three years. He
was married in 1870 and leaves nine
children. His wife died in Eugene In
1900. Mr. White and family came to
Eugene from Kansas in 1892. His chll
dred are: William O. White of Eugene;
Mrs, May Moffatt of Seattle; Mrs. Min
nie Croner, Inez, James H., Edna, Ven
eta, Velma and Lawrence White, all of
Eugene. Mr. -White was a prominent
member of the Christian church, was a
former Eugene city councilman and a
member of the O. A. R., Odd Fellows,
Rebekahs and United Artisans. ,
COUNTY SEAT IN
1 : WALL0WTA SETTLED
(Special Dispatch to The Journal.) "
Enterprise. Or- June 9. Nothing in
recent years has accomplished greater
results for Wallowa county than the
decision of the majority of the people
in the county as to where the county
seat shall bo permanently located. By
a vote of 87 to 864 they settled the
question in ravor or Enterprise.
What is now Wallowa county was
formerly a part of Union county, but
in lass it became' a county or ltseir.
It has now a population of 10,000 and
has -never had a courthouse, owing to
the " unsettled question of the county
seat. J, B. Olmstead, the newly elected
county judge, and W. O. Locke, the in
coming county commissioner, favor the
erecting of a ' courthouse without any
more ' delay . than is absolutely neces
sary. Their views are In entire accord
with those . of County Commissioner
Ldica. the resent incumbent. It is
expected that a courthouse will be
erected in Enterprise the coming year.
DECISIONS IN STATE
: 7 SUPREME COURT
(United Pi-mm Leased Wire.)
t . . a Wnn.,,1,
In the circuit court of Multnomah coun
ty by Judge Cleland in the case of C
W. Fredenthal versus Brown & Mo
Cabe, stevedores, of -Portland, was af
firmed today by the supreme court In
an opinion by Justice Eafcln.
BTeaentnai was injurea wniie land
ing a vessel at the Portland lumber
mills and while In the employ of the
defendants and had 'brought action for
damages. '"-.. - j -
He relied i on hearsay-evidence' and
Judge Cleland granted the - defendant
a nonsuit- .
-Justice Moore also rendered a de
cision affirming" the holding of Judge
Crawford of the-Union county circuit
court In the case of the Elgin Forward
ing company versus F..M. Cummlngs. -,-
PLEASANT SUMMER ,
SEASON AT HOTEL"
eummer Is en In fuJl blast at the Ho
tel Portland. The orchestra began to
piay cut In the open several days ago,
the crowds gather around to listen as
usual and the guests go to and fro as
b E'.ty nd lelsuieFy as ever.
.fnl morTing workmen began taking
n .th lass and doors which have
.u?1 during the winter for .the
J2nLUrt..0i Pertor.-- And the
wft5Cl".tttl.n,t cn'; But the birds oh.
itl. L?ln,r,r on th nelde-and. will
inll U'r votcf until next winter when
tht,1 rPlacd in the sun parlor. . -nI
?. ?cno.BtJ ?nelBts of 1 pieces
and as heretofore- has been the custom
eren!ny m 7 "'lU o'clock each
DIMIIDTELIS OF
E
Hyde's Attorney Says Wash
ington Lawyer Offered
Him More Money.; ;
(United Prem Letied Wire.)
Wsshlngton, June . The court of
appeals this afternoon affirmed the de
cision of the lower court refusing a
writ of habeas corpus to John A. Ben
ton. The court 6f appeals held that
the indictment against Benson is suffl
clent and that the case should go- to the
Jury.
(United Prow Leased Wire.) ,
Washington, June. 9. Attorney Henry
A. Dimond was subjected to s, severe
cross-examination today at the hearing
of the Benson-Hydo land fraud case In
the criminal branch of the United States
supreme court before Justice Stafford.
Although grilled by government attor
neys, he stuck to his original storyfcnd
maintained that ne Knew utile aoout
the land business of Hyde's office.
He said that he had nothing to do
with the active part of the work of get
ting lands from several states in which
Hyde is alleged to have fraudulently
acquired title to valuable timner tracts.
The attorned stated that his purpose
in asking Hyde for a raise In salary
was uecause he had been offered a bet
ter position by Atlas P. Brown, Hyde's
attorney at Washington. , He testified
that Brown had- suggested that he ask
for the raise and told him' that he
would give him a better position if
Hyde refused to accede to the request.
Dimond explained that he had obtained
his Information to the effect that the
government was to investigate the case j
rrom urown, ana not irom any one con
nected.with the government. ;
flAVi
TRArtlPLE BOY TO DEATH
Little Kenneth Palmer the
Victim of an Accident
Near His Home.
Five-year-old Kenneth Raines Palmer,
412 East Everett street, was trampled
underfoot by a runaway team attached
to a delivery wagon of Olds, Wortman
A King last night about 6:30 o'clock,
and death was Instantaneous.
The child was the only son of Frank
A. Palmer, proprietor of a barber shop
ot 87 H North Second street He was
trundling his little wagon down the
ftldewalk near his home when the de
livery team, breaking from the control
of the driver.. Richard Taylor, bore down
on the boy, fracturing his skull and
breaking his neck.
Both horses are high spirited- and one
of them kicked his leg over the wagon-
?ole, his steel shoe cutting into his
eam-mate's hind foot. In an. effort
to extricate himself both horses became
frightened.
Richard Taylor is held in high esteem
by his employers. Coroner Finley has
talked to several witnesses of the af
fair and is satisfied that no blame at
tache to Taylor. It is not thought
that an Inquest will be necessary. ,
LOWER PRICES
Ofl PENDLETON WOOL
(Special Dlipstch to The Journal.)
Pendleton, Or., June 9. The second
and last wool sales today are as fel
lows: William Slusher's clip, 160,000
pounds, sold to Defour for 10 ftc: D.
Goodman's clip, 16,136 pounds, to C. II.
Green, for 9Hc; A. P. Warner, 12,181
pounds to Kulin, 10Hc; G. W. Ellis,
1,047 pounds to Green, 12 He; IX W.
Chabman. 26.1S6 pounds to Green, for
9o; M. v. fomeroy, so.zso pounds to
rneroy, 80.230 pounds to
Green, for 10 l-3c; Luhr & Sons, 11,401:
pounds to Green, ror loc; J. w. Groom,
9,997 pounds to Green. llc; Henderson I
& Son, 12,139 pounds to Kushn, for
1114c; Bam Warner, 9,850 pounds to
Green, for 1214c; J. M. Pemphill to
Judd, 8c.
There will be but little wool left af
ter this sale. Prices are lower owing
to the fact that this wool from the west
end of Umatilla county is heavier than
that sold May 26. Some big clips will
be offered this afternoon.
MASSED BAD DOLLAR,
FIVE YEARS SENTENCE
Norrls H. Pryon, alias Steve Ramsey,
it former convict who has only been
out of Folsom a few months, was sen
tenced to three years at hard labor at
McNeil's island by Judge Wolverton In
the United States court this afternoon.
Pryon was caught on the east side sev
eral weeks ago, having passed a coun
terfeit dollar on a saloonkeeper.
From the evidence gathered by the
secret service agents It seems that
Pryoij has been associated with Other
counterfeiters and operating in the
northwest for the last several months.
His partner and the leader of the gang
was captured in Vancouver, Washing
ton, about five weeks ago. The outfit
was also confiscated.
CONGRESSMAN HAWLEY
IS AT HOME AGAIN
(RpecUl Dispatch to Th Journal.)
Salem, Or- June 9. Representative
Hawley has returned from Washington
for the summer and has opened offices
in - the federal building. His expressed
Intention is to devote his chief atten
tion this summer to preparing the case
of the Willamette valley in relation to
the open river proposition. He expects
to make an effective plea at tbe next
session tor leacrai - cooperation in tne
opening of the Oregon City locks to
commerce, free. " - - -:.
Mr, Hawley insists that the last ses
sion was not inactive, as viharged, but
that its work, while less -spectacular,
was none the less arduous and effective
He gave a non-committal answer
where asked if he thought the state leg
islature should elect Chamberlain to
the senate. . . - . ' x
OLD CAR MUST GO,
ORDERS GRITZMACHER
Residents in the vicinity of Killings
worth and Denver- avenues have started
an agitation against the Portland Street
Railway company. For some time the
company has had ah old, dilapidated car
at the intersection of - those streets
which has served Its patrpns as a 6e
pot. . i. .-. .. .
The entire neighborhood - has risen
in arms against this alleged blot on the
otherwise faultless panorama of land
scape and. in answer fto their protests.
Chief Gritsmachtfr Jhaa ordered that the
car oe removeo. ; v-
. : Section Hand Fatally Hurt. :. :
' jack: Sluckey. a section hand em
ployed on the Southern Pacific railroad
at Milwaukie,-Oregon, -was brought to
the Good Samaritan hospital last night.
He sustained a fractured skull by be
ing struck on the head by a -moving
freight car. His death is expected at
any time.. It is not known whether he
leaves any relatives., ,
RUNAWAY
HORSES
RULE
ELECTION
Gouin Gorernment Retained
'in Quebec' by Small Ma
jority and Conservatives
Win Sweeping Victory, in
Ontario. - ' ' :
(Special Dispatch to The Journal.)
Vancouver, B. C., June 9. Results of
the general elections in the provinces
of Ontario and Quebeo show that the
Gouin government has been retained in
8uebec by a small majority, while the
onservativea gained a sweeping vic
tory over the Liberals in Ontario. The
" " ' ,;.. ' TV -"'J"
In ynUrlo Premier WhitneV xarVied
MseJts, leaving 17 for .the Liberals.
liia aaacai vmii vvm BlUIiru flsiat ill BBVUt I X.
two or wnicn are in aouot. Toronto
alone returned eight Conservatives.
In the last Quebec legislature the
Conservatives had seven members, but
this has been increased to 16 as a re
sult of today's elections. . ,
'.. Pasture of 'Contest.'
A feature - of the contest - was th-i
fight in the St. James division of Mont
real between Premier Gouin and Henrl
Bourassa, the Nationalist , leader. The
premier was considered Impregnable, in
this division, which he has represented
for some years, but Bourassa conducted
a whirlwind campaign and defeated the
premier by 61 votes.
The premier will be in the next house,
as he was also a - candidate in Port
neuf and was elected there by. a ma
jority of 825.
Bourassa ran for two constituencies,
his second being St Hyaclnthe, where
the vote was a tie. The returning- of
ficer will vote for Bourassa's oppdnent,
but the prospects are that Bourassa
will be seated on a recount s
Two headers Defeated.
Another feature was the defeat of
two Conservative leaders; Leblanc and
Pelletier, the former in Lavall by 17
and the latter in Dorchester by a large
majority. I
Armand Lavergne, who resigned hts
seat In the house of commons to run i
for Montmagny, was successful. All
the members of the Gouin government
were returned.
FELL THROUGH ROOF
Ai MS PAIGES
Mrs. Ainscoe Holds That
Powells Represented Old
Roof Perfectly Safe.
Having fallen through the roof of a
building while she was engaged In
hanging out the family washing, Lot
tie B. Ainscoe' has begun suit in the
circuit court against B. W. Powell, N.
W. Powell, Mrs. H. N. Webber and C.
Kirkpatrick to recover $15,343 dam
ages for her injuries. She states that
In crashing through the roof she was
crlpplod for life, her left leg being
broken In two places.
The plaintiff resided In the third
story of a brick lodging-house -at De
lay and Russell streets, owned by the
Powells. She rented from Mrs. Web-,
ber and Kirkpatrick, tenants of the
Powells. Adjoining the lodging-house
are three wooden buildings, connected
by a stairway with it, and the women
living in the lodging-house hung their
washings, carpets, etc., on clotheslines
strung above the roofs of the wooden
buildings It was on August 80, 1907,
that the plaintiff took her tumble
through the roof to the ground floor.
She was In the hospital until Jan-
uarv 1.
uar;
The complaint alleges that the ten
ants of the lodging-house were invited
by the defendants to use the roof for
their washing. an4 that this was rep
resented to be a safe place. Instead of
being safe, however, the timbers sup
porting the shingles were decayed and
gave way under the weight of the plain
tiff. She asks 116,000 for her Injuries
and 343 for hospital fees and medical
attendance.
PERSONAL.
Dr. a. L. Tufts, manager of the Pa
cific coast district of the international
reform bureau, has returned to Port
land from a campaign in California In
behalf of a Sunday rest law and a law
against race track gambling.
L. C. Phippe, a Denver millionaire
who has Just returned from a trip te
the orient, left this morning for his
home. He was accompanied by his
daughter, Miss Phlpps, and Miss Eusey.
Peter D. Martin of New Tork, a
well-known clubman and a son of Mrs
Elinor Martin, arrived at the Port
land this morning.
W. E. Guerin and daughter Helen
of New Tork are at the Portland.
BARGAIN RATES IN ,
AUTO SPEED FINES
Automobllists are hereby ad-.
Jured to get in on the special,
for-aahort-tlme-only, cut-rate
offer now being made by the
municipal court to all "over-"
' speeding" autoista It has come to
light that the city council last
year passed a benevolent ordi-
nance fixing no minimum fine for
violating the speed limit. Since
the discovery of this ordinance
by Judge Cameron a few days
ago autolsts may speed to sur-
felting for the trifling sum of
$1 or 82-
Tbe f'lrst batch of offenders,
arrested by Officer Gustafson,
were given a fine of 129, that be-
- lng thought the minimum. The
last few days, however, fines of
$10 and 115 have been imposed.
The municipal court can either
fix the fine under the old, 2S
. minimum ordinance, or the new,
-mlnimumless. ordinance. -
. H. C. Humphrey this morning v
' pleaded guilty tu exceeding the '
speed limit and was fined )10, -
Stanley, Smith was made to pay .
the costs,' $7.60, In the case
against him by Officer Guetaf-
son. . '
a The box office at tbe Helllg theatr4
will be open tomorrow and Thursday
for exchange of invitation coupons for
reserved seats for the violin recital of
Miss Lenore Gregory,' with the assist
ance of Pauline Miller-Chapman, mezzo
soprano, announced by William Wallace
Graham for' Thursday evening at 8:18
O'ClOCk. . , -.,-. 'r-;'-..-i
. .. -r i ' x ' . '; - -: V'
' Tomorrow (Wednesday) will be posi
tively the last day of discount on west
side gas, bills. . Portland Cas Co.
IDA
TRIMS
OEEI 10 TALK
Gray-Hairedx Fighters Will
,Have a Banquet and Elect
Officers ? - Tomorrow. '
' ' '
The fast diminishing band of war
scarred veterans of tha Indian wars will
hold Its annual reunion tomorrow even
ing , at Woodmen hall. Eleventh and
Alder' streets. About 60 of the gray
haired old fighters are in town already
and by tomorrow perhaps" as many
more, will navel arrived to participate
in the yearly social exercises, which in
clude a banauet The annual election
will be held tomorrow evening also.
Among the - matters of - importance
that will come up at the meeting is the
question of pensions. The veterans of
the Indian wars receive only 4 18 a
month, and the men who feel that they
paved the way for civilisation through
the wilderness of the northwest in the
early fifties think they are entitled to
as much as their brethren ef the civil
i war who g
war who get 120 a month. The con-
I . . - . . .
"f,rorJ " iJKi-Seiad
nJf'S
because Roosevelt, when In Portland on
bis tour ox the west,- failed to make
mention of them, although he paid a
high tribute to the veterans of other
wars. ...-'. , .f.-.-. ,.v,i-.,;-v... ...
They say that letters registered and
sent to the president , demanding his
consideration of their petition to ' be
placed on a par with ' the men . who
fought In the civil and Spanish wars
have received no attention., not ' even
being answered. This they attribute
to the fact that they are few in num
bers and politicians consequently care
little for their votes. - , ?
It is a matter of particular' bitterness
to them that while the government con
tributes large sums of money for-the
support of tbe very Indians who made
It necessary that a volunteer organiza
tion df fighters be banded together for
the protection of the early settlers the
men who bore the brunt of the battle to
make the great northwest what it -Is
today have to fight - yet for a living,
while the Indian may sit idlr in his
wlcklnp and laugh at his one-time foe.
Two of the most noted veterans of the
Indian campaigns in Oregon and Wash
ington are Andrew J. Laws of Eufala,
Washington, and E. P.' Wallace of Am
ity Oregon, both old heroes who have
seen the snows of three quarters of a
century. Laws was the first man to
kill an Indian . in .the Yakima war of
1865. He shot the first redskin ever
killed by a white man in that part of
tne state, 'i ne occasion or me snooting
was while 800 Indians had surrounded
a doxen white men in a log cabin on the
Puyallup.
Captain C H. Eaton was ia com
mand of the little party of volunteers,,
which had been hemmed in by the red
skins after two of their number had
been ambushed and killed. Laws, at
that time a dead shot, caught sight of
an incautious red through the .trees al
most out of gun shot Saying to the
captain mat mere wouia De only i'JV
Indians surrounding the party in
minute, he aimed carefully and '
Indian dropped with a bullet In his
heart. The women of the frontier set
tlements on the sound afterwards made
a nag, which they presented to Mr,
Laws for bravery on many occasions.
On one of these occasions he walked IK
miles barefooted over rocks that cut
his feet most painfully to give warning
iu a, inremenea jryii&n aiiaca.
IS AGAIIi 111 COURT
Waffler, a Creditor, Objects
to Claims of Oother
Creditors. ,
Objections seeking to defeat over $20.
000 worth of claims against the defunct
Commonwealth Trust . company have
been filed in the circuit court In the
name of Sam Waffler, one of the cred
itors. An even $20,000 of this sum con
sists of notes of the J. C Lee company
Indorsed or guaranteed by the Common
wealth company, which It is now
claimed were indorsed without author
Itr.
The largest claim opposed is that of
a. a. iuasmam on a note ror iid.uuu
of the J. C. Lee company, guaranteed
bv the Commonwealth. "Br J. C Lee.
president" and by C W. Donahue, sec
retary. It ia stated that the Common
wealth company received no benefit by
this Indorsement, that it was done with
out authority of the directors, and that
there was ho consideration moving to
the lndorser. it is also objected that
Eastham surrendered bonds of the J. C.
Lee company without , trying; to collect
on mem. , .
Five thousand dollars claimed by R.
E. Bryan on a note of the J. C Leo' com
pany, indorsed dt tne wommonweaitn,
is also oblected to on the ground that
Lee did not have authority from tha
directors to sign and that there was no
consideration, .
Ed O. Mayor's request for ' $480 for
three months' salary is resisted on the
ground that be was given notice to quit.
He was manager of the realty depart
ment and it 4s stated that he conducted
the business at a loss.
Two or three minor claims. Involving
less than $200, are also attacked by
wainer. , . .. ... -
GOULD UNTROUBLED ;
BY ROAD'S FAILURE
(Cnited Ptms UtMd Wire.)
New York. June . That the fail
ure of the Wheeling railroad does not
Interfere with his plans regarding the
Western Paciflo is the statement made
today by George Gould before be sailed
for Europe. Mr. Gould said:
"Every youngster has the measles
and the whooping cough. These 'ail
ments don't hurt a man." The passing
of the Wheeling into the hands of a
receiver was unavoiaaDie arter tne ae
fault of the Wabash Pittsburg terminal.
The latter was' overcapitalised.
MORNING MEETINGS '
OF COUNCIL HEREAFTER
Tomorrow's meeting of the city coun
cil will mark a new departure in the
meetings of the city dads. -.- Heretofore
the members have alwaya held their
meetings in the afternoon, but owing to
a great press of business which has de
veloped with the growth of the city the
members have decided to hold their
sessions . in the morning In order to
expedite business. The meeting will
be called at 9:80 o'clock.
BROKE LIGHTS OF
0. W. P. BLOCK SYSTEM
. Rome Sarchet" and Oliver Cummlngs,
two youths, were arrested today upon
warrants sworn out in tha - juvenile
court for breaking the glass In the
block light system of the Mount Scott
division of the O. W. P. at Myrtle Park.
The breaking of the glass nearly caused
serious collisions. The boys will have
their trial Friday afternoon at 8 o'clock.
Ughtntog Firea Barn. 7
' Forest drove. Or.. June . Lightning
struck a barn belonging to John Bu
chanan about five miles eaat ef Forest
Grove late yesterday afternoon, destroy-
lr it. togemer wun some wool and
hay. The loss Is $1,000. uninsured.
COfuUCASE
GREAT S OW
TO BE MELD
Portland Country r Clutf In
L creases Its Capital Stock
4 by Fifty .Thousand Dol
",lars Stockholders Hold
Enthusiastic Meeting ;
The Portland Country club and Live
stock association has Increased its capi
tal stock from f 100,000 ; to tiso.ooo.'
Committees will be appointed immedi
ately to place the additional . $60,000
stock. . At a meeting of stockholders
held last night action was taken with
this end , in -view, and ; nearly every
stockholder present increased his subscription-.
' - ' ' .I . -:.'-'...-
Progress of the association's affairs
has amazed even those who -were most
optimistic regarding Its possibilities.
The project was started with 40 acres
Of land and plans for a five eighths of
a mile track. It was thought $50,000
capitate would-' carry - it to completion.
As the livestock show idea, 'was devel
oped the importance of the project bo-
"Livestock men all ;,,over the Factftc
northwest fell in with the idea of mak
ing Portland the center of a great live
stock show proposition, and it was but
a short time . when the original plan
had been enlarged more - than twice
over." said E. L. Thompson, one of the
original stockholders. "The club en
larged its land purchases two or three
times, and now has 83 acres instead of
30 acres. The track has been enlarged
to a -magnificent mile speedway, stand
ard in every respect, where it is ex
pected; ty break some ef the big rec
ord Stockholders Enthusiastic
"The meeting of stockholders last
evening was on,e of the most enthusi
astic, ever held, and the' result will be
the prompt placing of additional stock.
It Is up to Portland-to recognise its
opportunity and take care of this ad
ditional stock without loss of time.
The investment is a good one. The land
value of the association's -holdings, ex
clusive of Improvements, ia more than
equal to the total capital stock of $150,
000. The splendid buildings and, other
Improvements-making it a great driv
ing park will make .e stock of great
value. It is an enterprise that Is self
supporting after once started, and there
Is every likelihood that It will pay a
dividend, although that Is not the prime
object of the undertaking. It is
planned to make Portland in a large
way the livestock and horse center 'it
the Pacific northwest. Thla will be ac
complished through the efforts of Port
land people, assisted in a splendid man
ner by outside men Interested In tha
livestock industry."
The mile track now nearly completed
Is expected to become famous through
out the United States and focus atten
tion of horsemen all over the country
upon Portland. The track is built with
a spring center, the process being a
layer of straw, a layer of manure, an
other of sawdust, and a top dressing of
soil, all rolled to a solid condition that
makes It an ideal foothold for the fast
est racing horses.
Headquarters of Shows.
The grounds are to become the head-,
quarters of all manner of- show asso-,
Clationa. including dog shows, poultry
shows, tha Automobile club, the Driv
ing club and the Hunt cluby Some of
these will build clubhouses and ahow
buildings.
The grandstand will seat 20,000 peo
ple, and will oe a steel irame structure.
From it the observer will be able to
see every foot of the mile track at all
stages of a speed contest. The pro
gram of the first races to be held the
latter part .of September is now being
made up. The event will be the great
est of its kind ever witnessed in the Pa
ciflo northwest M. D. Wisdom, a di
rector, who haa lust returned from
fjiiifnrniiL found immense enthusiasm
among horsemen there, and . many of
them will bring strings of fast track
horses. In the pacing class there are
already six horses wi
r hnttor. ' l J
1th records of 2:06
The grounds will be completed by
September 16 and everything will be in
readiness in ample time for the open
ing race meeting. .
The officers navine- cnarge or tne
associations wora are: x-resineni,
a.muel CI. Reed: vlce-Dresldent. H. C
Campbell; secretary, G. A. Westgate;
chairman finance committee, T. u. Wil
cox. Purses aggregating $20,000 for speed
and $0,000- for livestock exhibits will
be hung up for the opening meeting.
WHEELER TURNS IN
COMPLETE COUNT
(Special Dltpatca to The Journal.)
Fossil, Or., June . Wheeler coun
ty's election returns are complete. The
totals will not be changed appreciably,
it is believed, by the official canvass.
The following "figures show results:
Ufrited States senator Amos 265.
Cake 890, Chamberlain 892, Cooper 11.
Justice supreme court Bean 66S,
Bright 84. Brlx 84.
Food aqd dairy commissioner Bailey
468. Emery 198, Hosklns 46. m
Representative In congress Ellis 491,
Jeffrey 178, Sanders 26. Shaffer 24.
Railroad commissioner Aitchlson 402,
Newell 46, Young 196, Hamilton 76.
Judge or circuit court iittieiieia o.
Prosecuting attorney Burdett 829,
Collier 887. ' -
Legislative Btats senator, sowermaa
4o. Edwards 1196. Representative
Donnelly 862, Jackson 298, Mariner 807.
Pike 860.. . . - - -
County ticket County Judge Butler
430. Hoover $28; county commissioner
Nelson 86; ward sag; sneriii n.eisay
424, Ray 826: clerk Sasser 355, Thomas
tfVtf. ireuret .-wu'
perintendent Simmons 684; assessor
Hartman 884, Soott 869: aurveyorr
Heldtman 454, Misener 271.
The - vote i on prom Dili on was; xes
416, no 824. ' .
The following is the vote oast on the
constitutional amendments, initiative
and referendum laws: - Legislators' In
creased pay. yes so, no bid; scattering,
state Institution, ves - 220. no 201: in
crease In supreme court judges, yes
l$4, no 115; November" elections, yes
",..? .c.u"t.odri.y?a"i6,:
no 162; compulsory passes, yes 167, no
$01; armories, yes 126, no lie; univer
sity appropriation, yes 269,-no 1 6 8, ' wo
man, suffrage, yes 2.76, no 269: wheel-
rtah hill m 919. IHI 131- pltv
and town control of liquor, yes 213, no
04: single tax, yes id. no an; toe i
Ltl .Tt till .ina.n.l.l I n I
liBronort on!
representation, yes sou, no-isv; umit
campaign aspenses, yes $00, no 17;
upper river fish bill, yes 266. no 208;
grand Jury, yes 215, no ls)2; Hood River
county, yes 26$, no 122. .."-'
THUGS ATTEMPT TO V
a ROB HENRY A. SMITH
' (Special Dispatch to The Jonrnai.) -'
New York. June . Thugs black
jacked Henry A. Smith, a wealthy man
ufacturer and prominent Democratic
politician of Portland. Oregon, at an
early hour this morning at Forty-ninth
street near Fifth avenue. He was
knocked down. - A patrolman appeared
before his assailants could carry out
their purpose of robbery, and they fled.
One, a lad of 16 years, was captured.
It was-this . boy who actually struck
the blow. ,
- Mr., Smith is staying at the. Demo
cratic club. He pad just lrt the Buck.
Ingham bote), at 12:39 -a, b, when- he
was attaciccu,
TUiLlliG
Cloudburst .Loosens Rock
v Wall Near Butte Woman
Driven Insane by Fear
' " Worse Slides , Feared-
Montana Floods,
(Onlted Press Leased Wire.) , '
Butte, Mont, June sK cloudburst
last , night at Columbia : Gardens, a
suburb, caused a new rocksllde, chang-
tsj divide here. A. great roeky wall 200
feet long and . 100 high tumbled . down
the canyon, carrying trees, fences and
everything with it. Half a doxen small
truck ranches were completely obliter
ated. No dwelling houses were touched,
but the slide smashed the, buildings on
two small abandoned mine properties.
The - creek Is filling -up. There is 41
great gap in the hitherto solid rock of
mountain wall east of the city. It is
estimated that millions of tons of solid
rock have fallen since yesterday morn
ing.: There are continuous smaller falls
of rock earth. . All families left that
Vicinity yesterday... :.- " -,: w,
The wife of J. A. Herman, erased with
fear, was in her house alone last night
whon the rocksllde came. She lost her
reason and is now In a hospital. Many
had narrow escapes. s' f
Roads are closed and people fear to
approach the mountain wall that for a
distance of three miles near, here runs
up sheer for 60O feet It Is believed
th entire wall has been loosened and
may tumble at any time.
looa Developments. ,'
M At Basin, the Great Northern is now
in greater difficulty than the Northern
Paciflo at Drummond. - Neither of these
roads will be In shape to. handle busi
ness on schedule Inside of two weeks.
The Northern Pacific must replace
eight station-houses, washed away by
the flood between, Butte and Missoula.
Between Deer Lodge and Missoula, a
distance of 80 miles, not five consecu
tive miles of track ia left Not a bridge
Is standing. To the east the landslide
at Jefferson Island has completely tied
up Butte and broken connection with
St. Paul. Helena Is now the western
terminus of trains from the east.
The Burlington has abandoned Its
through passenger schedule to the
coast The Northern Pacific Is cut off
between Missoula and Spokane, making
it Impossible for the 2,000 pasengers
at Missoula and Drummond to get out
The damage is now estimated tq
amount to more than $2,000,000.
No rain fell today. The sun Is oA
and may make the floods worse. Nearly
a foot of snow Is la the hills. It fell
this week and is running down into the
streams. Silver Bow creek Is higher
today in tbe lower part of Butte than
at any time during the storms.
PRINCE DAVID'S BODY
SENT TO HONOLULU
(Doited Press teaaed Wlra.l
San Francisco. June 9. The remains
of Prinoe David Kawananakoa, nephew
of Queen Lilloukalanl and brother of
Prince "Cupid" Kawananakoa, the Ha
waiian delegate to congress, who died
here June 2, were ehlpped to Honolulu
today on the Pacflo Mail liner Man
churia in charge of Colonel Sam Parker
and family.
Prior to the departure of the steamer
solemn requiem mass was celebrated by
Bishop De Silva at St Marys cathedral,
attended by a large erowd of people.
The casket was decorated with, the
royal plumes of Hawaii, which- were
sent here from Honolulu for the pur
pose. They were formerly used on
such occasions when Queen Lilloukalanl
ruled the island.
The back is the mainspring of
woman's organism. It quickly calls
attention to trouble by aching;' It
tells, with other symptoms, such as
nervousness, headache, pains in the
Joins, -weight in the lower part ot
the tbody, that a woman's ferninine
organism needs immediate attention.
In such cases the one sure remedy
which speedily removes the cause,
and restores the feminine organism
to a healthy, normal condition is
LYDIA CsPINUHAM'S
VEGETABLE COMPOUND
Mrs. Will Young, of 6 Columbia
Ave., Rockland, Me, says : ; , .-
I was troubled for a lonir time with
(dreadful backaches and a pain in mr
I nd wa. miserable In every way.
I doctored until I was discouraged and
thought I would never get weU, I read
wsat Lydia E. Pinkham'a Vegetable
Compound had done - for others and
decided to try It ! after taking three
... T ...
DO"ie" can mu'.t y tnat never felt
so well in my life."
Mrs. Augustus Lyon, of East Earl,
Pflk, writes to Mrs, Rnkham ; I, ' ;
'. I had very , severe backaches, and
pressing-down pains. I could not sleep,
and had no appetite. Lydia E. Pink
ham'a Vegetable Compound cored me
and made me feel like a new woman."
FACTS FOR- SICK WOMEN.
For thirty years Lydia E. Pink
ham's : Vegetable Compound, made
ftom roots and herbs, has been the -standard
remedy for female - ills.
and has positively cured thousands of
women who have been troubled with
displacements, inflammation, ulcera
tion, fibroid tumors, irregularities,
teriodic pains, backache, that bear-irig-dovn
feeling, flatulency, indiges
tion,dizziness,or rie rVous prostration.