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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (June 10, 1908)
THE OREGON DAILY JOURNAL, PORTLAND, WEDNESDAY EVENING JUNE 10, 1803. '6 m ESPEE FOR REBATES Railroad May Be In&icted on 250 Counts for Violation of. Sherman Anti-Trust T,nw TTparinff at San Francisco. J- ' r.it Pimi Ihm4 Wirt-) 7 San Francisco, Juns 10, Ths federal officers are today maintaining the greatest secrecy concerning a hearing that was begun yesterday afternoon by the federal grand Jury that may lead to the indictment or we w',"1"'" railway on 20 counts for 2j"nfv The bearing waa conducted by ft B. Tuncan of Washington, an attorney for " the interstate commerce comnilsslon. and Is the direct outcome or the evi dence taken here lat fall by Interstate Commerce Commissioner Franklin K. Lane. Three witnesses were called yee- T,. n R Rearer, auditor of the Southern raclflo company; T. . Brew er, f reight claims agent and A?' .H Rising, chief clerk of the freight de- 1 '"Thelnvestlgatlon started yesterday has particular reference to shipments of pine box lumber from .Verdl, two miles outside the state line In Nevada to points In California at the same rate charged for shorter hauls within .the state. Over 200 violations of the law In this connection are said to nave been found out by Duncan. . Another violation of the law Is said to be In reference to shipments of wool from California points to Stockton, CaL, at reduced rates and from there to other states at interstate rates. BAKED Hi LA HE III UARf.1 DEBATE Councilman Baker and Mayor Lane had a tilt in the council this morning over the passage of an ordinance grant ing a revocable permit to a. Hettkemper to maintain a clock on Morrison street between Fourth and Fifth, In which Baker practically accused the mayor of trying to make Baker appear to be In a position whereby he eould be Im peached. Mayor- Lane laughed, and aft.tr a heated debate the ordinance waa ' Passed. ' -' .- ' Mayor Lane then asked Baker tf he would vote for the ordinance, knowing that It would be illegal, and Baker re plied that If the mayor was trying to put htm In a position with the Intention . nf Imtinuhlne . him that he would be ready to walk out of the council if he could be Impeached for passing an or dinance of the nature of the one grant- lng the permit for the clock. Mayor Lane laughed at tha Impeach ment proposition,: but Baker continued and said that ha did not believe that such an ordinance would be declared 11' FORTUNE TELLER ; , BILL IS-PASSED - . ': ' ' : y.yy The city council this morning passed ' the ordinance which will drive out of business fortune tellers, palmists and mediums who, practice la the name of spiritualism for pecuniary returns and proviaes m nno pi nut iobs uimn u more than $500 or a jail sentence of not less than $0 days nor more than six months for any who advertise their business' either In the newspapers, by sign or card, or by any other manner. Only. trlscoll,and Rushlight voted no. For mora than an hour tha ordinance was debated and a large number of palmists and spiritualists were allowed the floor. Finally Virginia Rowe ob tained the floor- against the ordinance. She was followed by Sophia Selp and Mrs. L. 8. Thomas. Their chief com plaint seemed to be that tha- ordinance worked simply against them and not against the branch of spiritualism rep resented by H. D. Barrett, who is held to have inspired the measure. y Councilman Holding and other coun cil men spoke In favor of the ordinance and wanted it made as drastio as pos sible. They finally amended the origi nal ordinance by cutting out the word fraudulently' in section , making it read, "any person practicing , for the 1 purpose of obtaining money." ' LIGHTNING CAUSES u '-, : POWDER EXPLOSION ' (Coltee Prow leaaed Wire.) J; 'Ancon, Canal Zone, June 10. It has been reported here that two American powdermen, working on the canal at Calmlto Mulato. were killed recently by a charge of dynamite that was exploded by a flash of lightning. The men, Clif ford J. Coggoa and J. P. Roche, had Just set toe charge, and It was ready to be fired as soon as the' squad had quit work at 5 o'clock. The wires leading to the fuse had not been connected to the battery, but a thunder storm had charged air with electricity and tha wires were affected so that a spark set off the powder. REMAINS OF CARROLL ' i BURIED AT SAN PEDRO , ;' ' . " Un1tJ Press Lea led Wire.) Los Angeles. June 10. -J. P. A. Car . roll, fireman on the United States ship , Tennessee, who died Sunday night from .burns received In the boiler tube explo sion, was burled in the Harbor View cemetery at Ban Pedro today. . The remaining four victims of tha ex plosion are expected to recover. ' ; r ., The work of the board of Inquiry appointed-to investigate the cause of the accident to the Tennessee Is nearly com pleted and the full report will be for warded to 'Washington probably tomor row, y, j - , A . 'V-.-'-r Washington's Finances for Mar, (Special PWwtcil U Tin 3cm real.) ' Olympla, Wash- . June 10. The monthly report of the state auditor shows a balance in the state- general fund of 1186.(23.78. The disbursements 1 for May were $179,802.20, an unusually "large amount. The disbursements In-! eluded, however, (160,006 paid out. for1 the redemption of state bonds. The cur rent expenses wre therefore tS22.80I.20, but the receipts fell short of this amount by S32.t70.87. : i t m 1 ii V ... 'Wants Pay for Suitcase -Dorsev B. flmith wants the Pullman Car company to pay him 8160 for a suit case and contents that- was stolen from a car in which he had purchased a berth. His salt has . been filed In the circuit court for that sum. He says the suitcase was taken while the train waa stopping at Terre Haute,. Ind., while jie waa on an eastern trip. - . . js - Rockiord College Commnceinent (t nltod freaa leastd Wire . Rockford. 111.. June 10. The " com mencement week program at Rock ford college cloned this morning with the graduntlnn exercise? The. address to the graduate was delivered byProl . feasor John M. Coulter of the Univer sity of Chicago SAYS TIFFT. KEPT HIS $500 BOND HY Dentist Austin Piles Suit to ; Recover Sum Intrusted , to Attorney.' Attorney Arthur P. Tlfft ts accused of pocketing 1500 obtained from a client by false representation in a complaint filed In the olroult court by F. L. Austin, denUst Tlfft was retained by Austin to defend him on a charge of falling to record his certificate for practicing dentistry, and he says that Tlfft told him that it was necessary to provide 8600 cash bond after Austin bad been convicted In the municipal court and had appealed to the circuit court - Accordinr to the comDlaint. Tlfft was employed in March, after Austin had been arrested tor practicing wiinout a license. Austin says he paid the lawyer 21(0 at that time as his fee. Later, he alleges, Tlfft represented that it was necessary to provide 8500 to be used as . a bond pending , appeal to the circuit court Ho says that this money was never used for bonds and that Tlfft's only object was to get hold of the 8600. which he has since refused to return or account -for. Austin was tried before a Jury In the circuit court a few weeks ago under tha dentists' license act and was ac quitted. A second, charge against him was dismissed by the district attorney. MURDERER MAY 8E LYNCHED IF CAUGHT (United Press Ltaaed Wire.) , Belllngham. Wash., Jibs 10. Marshal Rufus Wilson has gone to Haynie, near Blaine, in search of a man said to answer the description given of the as sailant of Mrs. W. Morrison, murdered last night at Haselmere. B. C - Resi dents' of Haynie telephoned this morn- lnc that a man thought to be tha mur derer had been seen going through the country and that it waa thought the murderer had been loeated. - Residents both on the American and Canadian sides are exoited over the crime. Armed posses are scouring every foot of the woods for ' miles around Haselmere and it is asserted that a lynching will follow if they capture tha muraerer.. STORY OF MYSTERY AKD WHAT HAPPENED .... , . The "mystery" of the automobile, the man, the - woman and y the gun . Is no longer a mystery. The story, which has been sifted down by the police is in nowise connected! with" the prominent insurance oroicer mentioned yesterday. Automobile 217 was sold by him about a year ago. The lady and gentlemen who were In the car Monday night were compelled to stop at a bridge on the Linnton road because of a slight break in the running-gear of the machine. While in this predicament three or four young fellows are said to have come up and began to question the wo man's escort while he was repairing the ear. later turning their attention to the - woman.' Their remarks becoming unoearaoie, caused tne man, it is said, to stand them off with a revolver.. About this time the other auto came along and the woman was given a seat In this until the break in the first machine was repaired, -.-v :,..-..-.- -, COFFEE CLUB AS A SALOON SUBSTITUTE 'JBBSsssssssaBSiSBa The United Coffee Clubs association will mnk an effort to establish Itself in Portland. The W. CL T. TJ. workers in town are landing: their assistance and It Is expected that the first club will be opened about July 4. r Tha coffee cluba are intended to sun- Filant the saloon, giving all the priv leges and attractions which men must ordinarily find in a saloon. - It will com bine, the comforts of a home as nearly as possible Into ' a public Institution with lunch counters, lunch rooms, dres sing and rest rooms, employment bu reaus, music and .- other attractions. Everything but the lunches - will be free. There are lH such Institutions In California, and in time it la expected to nave a string or them in Portland. A competent manager has been secured. The association will be organised as a stock corporation with shares Selling ;u ii earn. Already subscriptions to the amount of 81,200 have been received. but 84.000 is required to start a first class club. - W. C T. V. workers In the city are sending out letters ore sentlng the Idea and asking for sub scriptions. The letters are signed by Frances IS. OotshalL 'secretary of tha United Coffee Clubs association, and In dorsed oy Henrietta Brown. Ada wal lace unruh and liesele J. Shane. PAINT CONTRACTOR (, TAKES HIS LIFE O . : Dlsaooolntment In love Is ascribed as the cause of the suicide of Hugh M. Klmbrough, a painter, 862 Second street, last nlgttt about 11 o clock. In vestigatlon by Coroner Flnley and Car tain Baty's sleuths falls to reveal any evidence of murder. Klmbrough fired , a bullet into his brain while standing on the front porch of his rooming house. The sound of the snot and tne tnua oi tne Doav were heard by two young couples who were sitting in rrom oi iae nouse across the street, S4S Second. , The young man s motner lives m Lew is ton, Illinois. - Klmbrough was about 27 years of age and had been in Portland about two year a He was of the firm of Kahler ft Klmbrough. con traeting painters, with offices at 1224 East Tenth street There wss no flnan cial trouble. Funeral arrangements have not yet neon compieiea. - SUPPLY SHIPS READY FOR WORLD CRUISE " ftTnlted Press Leased Wire.) Vallejo, Cai.,-June 10. Orders have been issued by the authorities et tho Mare Island navy yard for the departure of the auxiliary vessels of the Atlantic fleet from here before next Saturday, so that they can prepare at Ban Fran cisco to depart for the orient next Monday. The refrigerator ship Culgoa left for the lower bay this morning and the rest win roiiow mis wees. - . The Glacier. Arethusa and Panther are nearly ready to load supplies for the long trip across the Pacific.- They will leave here tomorrow and Friday. CUPS TO BE GIVEN ROSE PRIZE WINNERS Prise-winners at the annual exhibition of - the Portland Rose society wilt be given their cups and trophies between the hours of 8 and E this afternoon in the office ef President E. B. Mel- ar ia nd of the society, room 311 Corbett building. Both- Mrs. John Mlnto and Mr. McFariand will be there to present roe tropmes. . i? . ?.. Lost Checks Recovered. Two checks, one for $1,100 and the ether-for 8500, lost by C. F. Palmer during the Rose Festival, were located today by Detectives Coleman and Price. Th checks were supposed to. have been taken' from - Mr. Palmer In a crowd at the corner ef First and Alder streets. CAMERON HAS BIG JOB AHEAD OF III Immense Amount of Work , Will' Be Unfinished : jy Present Official, - George J. Cameron, when he takes Office July 8, will get all that Is coming to hiro from the office of District At torney Manning. Practically all state cases which have been begun wunin the past few weeks, the remainder of the cases against the officials of the Title Guarantee 4 Trust company, and all those cases which may come up be tween now and July will fall to the lot of District Attorney-elect Cameron. With the exception of about three cases which are on the docket for dates, be fore July. all circuit court cases in the hands of the district attorney are set for times after July f. The bank holidays of last fall held up the business of the olroult court in Multnomah county and as a result when work was resumed the dockets were la a badly congested condition and have remained so since that time. With the resumption of work a great effort was made by the court to clear up the crim inal calendar but before this was done tne people having civil cases pending began to clamor for the hearing of Chelr suits. Slnoe that time the court has been taking care of both cases as rapid ly as possible but still cases filed in April will not be heard until after the summer vacation in uctoDer or laier. ' Because of this condition of the dock et alt eases which have arisen In the district attorney's office of recent date have been set flown on the circuit court docket for such times as could be found open, which for the most part was af ter the summer vacation. When District Attorney Manning leaves office, therefore, he will leave behind him a pile of work to distract the attention of the Incoming official for some months to come. Investigation Into the evidence of all these cases, preparation of the cases for trial, gath ering together - the witnesses and all other Incidental work In bringing the cases before the court for hearing; -will be no small tasK lor an oinciai wno knows nothing of the cases, or the 'of fenses which caused them to be filed with the court District Attorney Cam eron therefore, will be a muoh busier man than Municipal Judge Cameron and will continue so for some few months after his assumption of office. PENDLETON MEN HAVE HOT YET ARRIVED Jim Raley. a politician; and his 10 lieutenants they are all first lieuten antsWho were, indicted by a federal grand jury Monday on a charge of con spiracy to defraua tne government, did not appear! in the United States district court today to enter- their plea to the complaint. It is probable that they will not have -their pleading until Thursday or Friday. . Today was the date set for the ap- ?earance of the defendants, but owing o the fact . that all of the men live In eastern Oregon there has been a delay In serving them with notice of the In dictments,. John McCourt, United States district attorney, placed the warrants In the hands of the marshal Immediately after the Indictments were returned, and since then several deputies have been busy in Umatilla locating the defendants of the action of the grand jury. Other Indictments in the Umatilla Investigation now going on are expected during the last of this week. SELL MORE STOCIt IN CQUNTRY CLUB X meeting of the Portland Caantrv Club and Live Stock association di rectory will be. held at the office of President o. U. Heed at the German American bank at 8 o'clock this after noon, to take up matters connected with the placing of additional stock of the Country club, and the carrying forward of the large plans for the association. It is expected that committees will be appointed ana a definite plan adopted for disposing of the stock to Investors wno nave noi yei taaen snares. Tomorrow afternoon at 8:30 o'clock a large party of Portland business men will be taken In automobiles from the office, of T. B. Wilcox, In the Ladd & Tilton bank building, to the grounds of the Country clue to look over the wore accompusneq. and: get an under standing of the plans that are being uBvaivpeu iw nuiuifig in ruiure years nv ic uvnuic snows ana track meets that will be held anywhere on the Paclflo coast SPANTON TWICE EXCEEDED LIMIT Arrest warrants for three automobile owners will be served today. They are cnargea wun violating tne speed limit. The license numbers are 682, 433 and 59. There are two complaints against Harry 8 pan ton, owner of automobile li cense ESS. He is reported bv Officer w C. Wilson as exceeding the speed limit on Burnside street between Davidson and West avenues, and by Officer Qus tafson for exceeding the speed limit on the Base Line road. - Considerable agitation is said to have been worked' up among automobilists wcause oi tne incongruity ox rines. Sev eral autolsts have received $25 doses, while . others have escaped with 110 fines. The majority of those who have been fined the minimum of $25 under tne old ordinance are now taxing action to appeal tneir cases. B0KAH SATS EITHER D0LL1TER PILES (Waahlnrtna Boreas ef The ' iocmal.) Washington, June 10. Senator Borah of Idaho, after a talk with President Roosevelt' today, : predicted that the nominee for vice-president would be a western man. - He said he reit certain It would be Senator DolUver of Iowa, "The only uncertainty," he added, "Is whether Dolllver will accept If it " Is not Dolllver it will be Senator Files of Washington." . . ; .. ,. ill W I T ' ' U Duke Memorial Bttoa. u (United Press teased Wire.) Durham. N. C, June 10. The unveil ing of a handsome bronse statue of the late Waahlnrton Duke, the founder and Chief benefactor of Trinity college, made the commencement exercises at tnat institution today of more than usual In terest James H. Southgate made the speech of presentation . and President John C. Kllgo accepted the gift in be half of the colleae. - The statue waa unveiled by Mary Washington Stag. Trial of Xem Tfooa. Lem Woon. one of the two Chinese charged with the murder of a local Chinese merchant. Is expected to be placed on trial In tbe circuit court next Friday. The case was set for today, but the- congested condition of the docket did not permit it to be called. Tue Guenr. the other accused China man, will go to trial several days' later. mo appeal has yet been taken in the case of Joe Anderson, who was taken to Salem Immediately - after he was sentenced tovbe hanged for the murder of Hari'y M. Lonn. The t!m for fil ing papers on appea) will expire June 15, TERROR SEIZES BUD BARNES Witnesses Piece . Together Story of Mrs. Aldrich's Horrible Fate. ' (Special Dispatch, to Tbe Journal Walla. Walla, Wash., .June 10-oi new facts were brought out in the t tlmony of the witnesses examined , In the Barnes murder case this morning. ' Tha chief feature of the base today was the suffering or Barnes as tne tes timony was given. -Th testimony showed that Barnes had had his mind on getting possession of the Aldrlch. ranob for - some time. The fact was also brought out that Barnes left the Aldrlch ranch With Mrs. ; Aldrlch, and the pick handle that was found at the scene of the crime. In a buggy. -George Le Bailey, son-in-law j of the murdered woman; William Mos grove, who sold Barnes the pick handle: H. Conover, from whom Barnes hired the team: Drs. XL E. Shaw and William Van Patten, who conducted the autopsy: George MacMartin, coroner, ana weir Doggett, divorced husband of the dead woman, all testified this morning.: The eaaa is . being rushed through. The courtroom is packed. Many women are! in aiienaance. -.i--. ... . GRAND LODGE SESSION Qrand Master ' Pearce of Salem Deliyers Annual Address This Morning. Over 100 delegates, representing the 115 subordinate lodges of the' state. MANY MASONS ATTEND were present at the flret session of the oter tftf-to 5r'n? U?1? UP 'a6 ... - - n j I Just as tha debate between Cellars annual communication oi uio communication lodge or Oregon Masons,: which met at 10 o'clock this morning in the new Maaonlo temple at West Park and Yam hill streets. It Is estimated that about 100 additional delegates will arrive dur ing the day, bringing the total repre sentation to something like 800 mem bers. - . ; ' . The forenoon session was taken up with the delivery of the annual ad dress ef the grand master, Lot C. Pearce of Salem, and with the reading or tne annual reports or tne grana treasurer, the grand secretary and the trustees oi ins educational tuna. At t o'clock this afternoon the elec tion of grand officers was taken up. Edward Kiddle of Island City will In all probability be elected; worshipful grand master, Norrls R. Cox of , Port land, deputy grand master, and Judge Charles K. Wolverton of this city, senior grand warden. TTnllowlnr tha election ' of offloers. Orand Orator H. W. Soott of Portland will deliver the annual oration. There were no sessions of he Scot tish Rite Masons today, but their semi annual reunion will come to a close to night, with the conferring of the thirty-second degree, Philip 8. Malcolm presiding. Following this work a re ception and banquet will be tendered the new class, which will be attended by several nunarea Bcciusn iwe m- sortM. The Orand chanter. Order of the East ern Star, will meet at 0 o'clock tomor row - morning and continue In session three dsys In the Masonlo Temple at West Park ana xammu streets. COUNCIL SUSTAINS VETO AS TO "CLAUDE" Mayor Lane Upheld in Dis approving New Names of Streets. Br a vote of. 4 to 6 the city council this morning sustained Mayor , Lane's veto - of the ordinance changing the names of a number of streets. Mayor Lane objected to tha use of such names as "Claude" and "Emilia" and -suggested that names from the aboriginal lan- ruin of tha county be used. . On the veto of the transfer ef 3136.90 from the general fund to a special f unit however, the council voted to overrule the mayor. - The money was trans ferred in order to tay certain property owners who paid money on an assess ment that arterwaras'was -proved ille gal. It is contended Tt) It Is contended further that no benefit was derived by the property owners. LABOR COUNCIL WILL NOT TAKE ACTION IVnUrA Pnaa Leased Wire.V Seattle, Wash., June 10. The local Cantrl Labor union will take no ac tlon on the protest of the Spokane central body to Governor Mead regard ing the proposed removal of Professor J. Allen Smith and Dr. William Sav ery, as teachers at the , University of Waahinaton. There has been a Dollt leal agitation worked up here against the professors for their pronounced views on tbe initiative and referendum, the recall and the .election of United states senators also on their social istic utterances. The board of re gents considered removing the two men from tne staff but as yet no ac vet no ac- I tion has been considered. The organ- ltation sent 40 protests to all the labor unions in the state asking that they protest to Governor Mead against tbe regents' proposed action, as this will be the adoption of methods which pre vent free speech. ' f .- . y CONSIDER TRIP TO SEE NEW EUGENE . . A committee of boosters from" Eu gene will arrive in Portland this after noon and will meet at the Portland ho tel this evening st 7:30 o'clock with a delegation of Portland business men to consider the matter of an excursion from - Portland to Eugene on June 24. It is proposed to celebrate ' Eugene's emancipation along business lines. ' The date selected embraces the most interesting- event of all days In Oregon commencement day at the Oregon State university. It Is also to be made the date of dedication of the new Southern Pacifio passenger station Just completed CAME HOME FULL 7 OF CURSES FOR HER ' That Ben FV King began to drink heavily soon after he married Mrs. Belle 5u7i. and threat, anddls face with his fists is the charge made in a complaint lor aivorce tiled in the circuit court by Mrs. King. She al leges that his treatment soon passed the point of endurance.- They, were married in October, 1904. Alleging that he-deserted her bins years alter tney were married, Mr a. Mouim ioeman nasnsuea Hooert S. Teo-l man ior airorce. xney were married in 1 Portland in March. 1 S9S. and th vua. I band is alleged. .io have left, never tojmlt to raise a sidewalk above the es- return, la MOV . ;. v - .- " J tabUahed grade, - - , " . ... ..;?'.""'..,,.'-,. .... ' . - . v. ''-' HOT DEBATE OH ... ,. ...... JIREET GRADING Private Contracts on Fills to Be Inspected by .City. Engineer Hereafter. ' When the question of grading! East Thirteenth street between Alberta and Roselawn arose in the city council this morning several members spoke against the present method of alio win ar street grading and- the laying of sidewalks by private contract, and the street com mittee will make an lnvestl ration and report back at the next meeeTing, According to Councilman Baker and Other members, the privilege of private grading nas oeea aousea, - ana Mayor LAne- toid 01. a case where the eon- tractor simply took out a permit in the property-owner's -.. name without " the man's knowledge. ; The first the property-owner - knew anything about the sidewalk was when he discovered the workmen installing it. Other abuses were mentioned by Councilman Baker, one of which waa the fact that in cases he knew about the contractor left the street in an almost impassable . condi tion. - .-- ..-..','.....-. Councilman Bennett told of a case where an improved street, had been S radically out off because of tbe con itlon of streets oneninsr into It. ' These streets had been graded by private per mits and left in the condition described by Baker. City Engineer Taylor was pressnt and stated that his department recenuy -tooK up tne question and had decided that in the future no nermlt would be granted until the streets af- lectea naa been, inspected. . This plan seemed to the - councllmen to be the most effective manner, of eradicating the abuses. 1 .. - ..!' Councilman Cellars raised a rjolnt In the debate in reference to the removal of the dirt He cited an example of a man owning a lot which was high In front and low in the rear. Cellars con tended that the -dirt removed from the street belonged to the nrotiertv-owner and that he should be allowed to use It In filling up the rear end of his lot Baker contended that the city owned the dirt and could use It In filling in and Baker waa rattlr. r arose . and . explained that the street committee naa referred the question to City Attorney Kavanaugh for an opinion at its last meeting, and suggested that the entire matter be referred to the street committee, where it could be de cided in conformity with the city at torney's opinion. The suggestion was adopted and the committee will report uau ib in oouncu in two weeas, HYDE-BEflSOIJ CASE WILL END NEXT 17EEK ' (United Press Lsasad Wire.) Washington, June 10. The defense In the Hyde-Benson land fraud eases announced today that it had completed Its case except the testimony of hand writing experts. It is expected that the case will go to the Jury one week from today. - Several character witnesses from San Francisco testified today for Dimond. Schneider took the stand and teatifled that with Attorney Zabrlskie, who Is now dead, he had an Interview with Agent Holsinger of the general land office at Tucson, Aria, and at that time Schneider said he etated the part ' he had played in se curing Oregon land titles for .Hyde, Schneider gave the details of several Interviews with -Holslnarar and told of meeting Dimond when he was sent east by Hyde. BREWERY MAY NOW STAY WHERE IT IS . The council ' todair massed the ordl. nac4 defining a manufacturer of beer, and made the annual license fee $400. This is a law that was passed for the purpose of evading the state law regu lating wholesale and retail llnunr deal. ers in the proximity of school buildings, Wdlnhard's brewery is within 400 feet of the Atkinson school, and to classify the brewery as a , wholesaler would mean that it would either have to go out of business or the school would have to be moved, . FINDS NEW HORSE IS STOLEN PROPERTY John LiUndgren. a earnenter realdtns at Lents, was surprised yesterday when informed that tbe - $ horse which he purchased some time ago was stolen property. The horse Is the one which was stolen : from Branham-A Kellv of the Empire stables, 370 Twelfth street killed in a rooming-house at Third and Flanders streets about three weeks ago. Lundgren says he purchased the horse from a straneer some weeks era. He Ha u ioath to give up the horss. could not identify tne man as Bigelow, ELLENSBURG. CLUB AUCTIONS KNOCKERS Portland boosters - are comnllmentlna a uniqee scheme adopted by the Ellens burg chamber of commerce to secure a large attendance at a special meeting. In large black type it was advertised mat mere would oe a "sale or extra ordinary bargains." - , - One Dararranh stated that "a aneclal committee has been appointed to round up f every available mossback : and knocker that can be found inside thl city and valley., and ' tne - Chamber oi .commerce will avrction him off to the nrst nignest Diaaer on condition mains gets said Knocker out or the country, RIPENING BERRIES t DELAY EXCURSION A proposed strawberrv excursion for Portland .business men, over-the Ot R. A N. line to Hood River has been called off. The reason given is that the sud den warm weather caused a - rapid de velopment tof the fruit, and it is ripen ing so fast that every grower la over- wneimeo witn - tne wora or trying to save the crop. The O. R. A N. com pany,' seeing the predicament of the Hood River men who would be called upon to entertain the Portland crowd. aeciaea mat it wouia do Better to can cel the excursion. n- , y- t .y-" Death of Veteran at Astoria. - - (8peclal Plspatch te Tha Journal.) Astoria. Or.. June 10. Daniel P. SheDherdi for - SO years a resident of Clatsop county and an old soldier, is dead in this city of cancer of the throat. alter a lingering illness. us was born in Vermont 65 years ago. He served three years in the civil war and was retired as a corporal in the Sixth Ver mont infantrV. He leaves four sons and two daughters, all residents of Ver mont The funeral will take place Sun day morning under , the auspices of the RcUet Cora woman s Ferndt to Ralae Sidewalk. ' An Ordinance granting a Derm it to the Coffin Grain A Milling company to erect an elevated sidewalk at the -side of the company's Warehouse in Alblna was passed by the council this morning after a considerable debate. The aues- tion involved was as to the legality of th, i-mmf-ll'. imiim (. ..ti.. TO SPEAK 0,1 GOOD : PAVEL1ENTS IN CITY ,t -i- esesssiSBSssWSBBanBBsBSIBSBSs"e - Seattle's Engineer Will Tel What His Experience . Has Been. . ' City Engineer R. H. Thomson of Se attle, who -Is to deliver a lecture on street Improvement and paving a( the Jimpiro , theatre tomorrow night, ar rived Is Portland this morning and will Spend a oart of todav . and tomorrow In looking over the city avnd becoming familiar with the paving conditions here. - . - - .. Mr. Thbmson will be the guest of L-naries Henry at his irvlngton res idence while , In Portland. Mr. Thorn son, together with Isadora Lang, C . F, Swigert. W. W. Cotton. H. WT Vrles J. O. Rountree and R. L. Donald were the guests of Mr. Henry at lunch to day at the Commercial club. This af ternoon a party of prominent realty dealers 'and property owners will ac company, Mr. Thomson over the city when an inspection of the class and character: or street paving under way will bo made. . " ; PreDaratlons are belnv . made' for th lecture at tne umpire tneatre tomor row night.' when Mr. Thomson will lve Portlandors the benefit of his investi gations Of the street paving problem in most of ths large cities In Europe and tne uaiiea estates. 1 - - , i. , GENERAL DUBB'S SON FOR THEET . (Cat tad Press Leased Wire.) V Seattle, Wash, '. June 10. Charged with appropriating funds of the North ern Paclflo Railroad company Charles R. - Bubb, chief clerk in the company's local freight of flea, has baen - arrested and is now a prisoner at police head quarters. He is the son of Brigadier General K. W. Bubb, United . 8tates army, retired, of Galeourg, lit A wife and one child live here. . - The charge of larceny br embessle- ment against Bubb was made in a com plaint filed by John W. Allen, freight agent He alleges the appropriation of a iow oonars on April i. However, ne says, there are many other similar cases, although he believes the amount Is smalt .i - - -K, . Bubb. ; - when - AnA tf charge and 'attempted to throw the blame on members of the clerical force at tne treignt department. That 4 an gered Mr. Allen, and he decided to pros ecute. .... ' - . . WANTS RECEIVER FOR WOOD COMPANY 8. F. White has begun suit In the circuit court to secure an accounting of his partnership affairs "with ' M. J. Lynch and Richard Lynch tn the O. K. Wood St Coal company.- He also asks tor tne appointment of a receiver to take charge of tha business, and to hava that defendants enjoined from dlsooslna of any of the partnership property pend-u wiv i-riau v Mil , The property consists of a woodyard on East Morrison street, with horses, wagons, and other equipment, and is valued at $2,000, exclusive of an un known amount of uncollected bills. White states that the partnership was entered Into on January 1, 1807, and that the Lynches now refuse to continue or to allow him to participate in tho business. - ' Richard Lynch, one of the defendants, was tried in the circuit court a few weeks ago on the charge of horse-stealing, and was acquitted. He was accused of being an accomplice of J. F-Hawkea, who pleaded guilty to a similar charge and Is serving a term in the peniten tiary. INCORPORATION OF ' FOUR COMPANIES -..-r01 L incorporation have been filed by the Drlscolf A Collier Transfer company, having a capital stock of lo, 000. The incorporators ars M. T. Dris 00!v Mv f Paulding and J. Collier. The Inland Galena Mineral company has been Incorporated by.L. C McNicu olas, L. E. Rice and A. King Wilson. Its capital is fixed at lleO.000. Katharine R. SUner, D. I Fllley and R. H. Ashby have incorporated the Katharine R. Stlner old Mining com rany, with capital stock of $100,000. New articles of Incorporation of Sea ly, Mason & Co. have been placed on record by Florence Alice Mason, who sucoeeds to the interest of her late husband, AlbVrt B. Mason; Francis Sea ly and John Scaly. . .. . , DAMAGING EVIDENCE AGAINST HELM BOYS (United Press Lsasad wira.l ' f.tockton. Cat, June 10. Damaging uutaw wu presentea toaay m- tne trial of Elmer and Will Helm for the murder of Mr. and Mrs. W. J. Hales at Fresno, on October 0, 1905. Dewltt Sutherland testified to seeing two cy clists, who answered the description of the Helms, on ths lonely road leading to the scene of the murder, and he said that he now recognises the Helm broth ers as the men. . -t ... MALCOLM M'KAYaV ; , COLUMBIA PIONEER :.' 8ptdal Olfpatrh to The ournal.) SL Helens. Or., June 10. Malcolm Mc Kay, one of the pioneers of Columbia county, died yesterday at the age of ti years. He came to Oregon in the early 40s. and took up the first donation land claim In this country, whsre he had lived ever since. The funeral will be held to 2y at j o'clock at Scappoose, and the body will be laid beside that of his wife, who died 25 years ago. Several, son and daughters reside at Scappoose. , Montana , Democrats. (United Press Leased Wire.) Boseman. Mont., June 10. The Dem ocrats state convention of Montana to select delegates and alternates to the national convention- - met here today with upward of 800 delegates and many visitors In attendance. Strong efforts have been , made recently to work up luuiuiut in ivur oi uovemor jonnson pi Minnesota, zor tne presidential norn inauon, out Bryan is still very popu lar throughout the state, particularly euiiuiiaj un miners, us ins inaications ars that the Nebraska leader will have the votes of the Montana delegation at uim movir oonTention. h ' i ' Building Permits. Mrs. J. L. Schwab, erect flaf Kt-.. teentn oeiween lamnm and Morrison, 18,000: C B. Machen, erect dwelling, Vlotorla between Broadway and Han- iock, fi.eou; - w. ti. wyatt. erect welling.. East TwentT-Slxth halvaan Alberta and Mildred. $1,200; George A. Riggs, erect - dwelling, Schuyler be tween East Twenty-second and Bast Twenty-third. - ,600: Gay Swanson, erect dwelling, Alblna, between Sell wood and Knott, 2.000; Allsky, repair store. Morrison between Third -and VakIi c AAA f. xmr W... 11 . & dwelling East Twentv-thtrd haiwaan a I. herta and Mildred. $1,000. -- Gory. Johnson Addresses Graduates. Lawrence. Kan.. June 10. The thir ty-fourth commencement ' exercises of the - University of Kansas : were held today and were - of a most notable ARRESTED of Mli the gt .'..., . character. Governor John A. Johnson nnesota delivered the, address to graduates. - - - UGliESiI 0 . V'.' ; .'- j i -'v ' - - ' ; Two Missouri Delegations Opposed to'Him Are Seat ed by Republican Com mittee Taft Men Won . North Carolina. ' . ' - . Uelted Praas Uaaed Wirs.) .'- ' Chicago, June 10. When the national convention went Into session today the Missouri contests were taken up. Twen- ty-five minutes was allotted to each side for argument. J. L. Minnis presented the claims of the Taft delegation, i The Taft delSaratea frnm tha lSlavaalk and Twelfth congressional districts of Missouri were seated by the committee today, defeating- the Huarhes men. - in attempt was made to split the delegation but this was. defeated by a viva voce VOte. 7,-. .-;.,,:y4v ':.y-.i,....T The Norths CaroUna contests were taken Un next and after an irnnaint of half an hour by each side the Taft uBiegaisB-ai-iarge were . seated. here to represent Forake'r in the contest in the Sixth conarraaainnaJ DlitFlnt a ohia- ? 7 - : ' Frank ' H, jHitehcock, the Taft man ager, this afternoon said: , T "1 "am 'not a candidate for vice-president, for manager of the , Republican campaign or for any other offlca I am here solely for the purposs of securing the nomination of Secretary Taft" It was reported today that the dis appointed allies, having met defeat In every contest so far before the national committees, are holding a secret session to form elans fop a new nartv an i hM called the Union Republican party. . ti is saia uiey are planning a Dig bolt from the regular convention and it Is proposed to hold a convention of the new tarty Soon after tha "Taft nn. ventlon" adjourns. -y una aeieet arter another- was met by the allies todav. The Taft delea-ates were seated this afternoon from tbe first five consreSBional districts of North Carolina In quick succession. Every time a contest was opened to day tbe allies offered a resolution to divide the delegation and each time It was ceieaiea Dy tne same vote, si to 11, showing the supremacy of the Taft supporters. - AGENT MADE MORE SALES THAU EXPECTED Adams Cannot Recover Haley's Big Commission, the Court Holds. By the decision of Presiding' Judge Gantenbeln In the circuit court this morning, Frank J. Raley wins the un usual and handsome commission of 10 per oant, or $23,900, on a $239,000 land sale In the Irvlngton tract.. He re tained this sum out of the proceeds of the. sale, and the court holds that Charles Francis Adams of Boston, form er president oi tne union facirtc rail road, who owned the land, cannot re cover it Raley was employed by Adams as a salosman for three months, with a con tract tor 10 per cent commission on "any land" ha sold. It i annears that Adams thought Raley would do noth ing more than to sell one or two lots at a time. He did not realise that he had employed such a good salesman un til Raley presented him with $206,100, having been careful first to put away for his own use the 10 per cent com mission. Adams objected, demurred and demanded, all to no effect, so fi nally he sued the successful agent for an accounting. To this the attorneys for Raley filed an answer, and tha at. torney representing Adams a reply. Kaieya attorneys filed a demurrer to the reDlv. and this waa auatalnaul hv Judge Gantenbeln. The effect of the decision is to up hold the 10 per cent oontraot. Judge Gantenbeln remarked that while this Is an unusual commission, the contract Is plain and clearly conferred on Raley the authority to make the sale. WAS THE ORDERLY , OF FIGHTING PHIL ' Private Michael Banks, Troon E. Sixth U. a-Cavalry, a relic of the Civil war, drifted into police headquarters last night Drifted Is hardly proper, for Michael was in an ebrlous slumber when -picked up. He had $130 in gold in an old worn-out wallet This morning he was given his money and let go. Michael grew reminiscent to Captain Moore. , . .. Thlm whure th' d'ys. Niver. will Oi ferglt Phil Shiridin. A sphslpeen av a b'y thot. 'E o'ud folt lolke the viry dtvlt m Proud Oi am av the fact that Oi wus ,'ls orderly." Times have changed for Private Banks. He is now living in Swann's bottom and In addition to his pension he gathers In a few dollars selling fish. . He Is about 75 years old, but his eye still sparks when he tells you "ar tho d'ys av OI,' -,- !'- EXPERTS TO MEET BUTTEVILLE GRANGE ' (Salem -Baretn ef Tbe Journal.) Salem,-June 10. Considerable prepar ation Is being made for the horticul tural meeting to be held at Buttevllle under the auspices of Buttevllle grange, Saturday, June 20. Dr. James wlthy combe of the Oregon Agricultural col lege, E. C. Armstrong, county fruit in spector, and prominent fruit growers Will - participate. - A large atendance is expected.-.. - - , MRS. PEARSON'S WILL ' FILED FOR PROBATE Elisabeth E. Pearson's, will has been filed for probate by the executor, Isaac Pearson, husband of the deceased, she left property worth $2,500, all of which is bequeathed to the husband ' except $10&.each to a brother and -sister. Ben jamin Strowbridge and Alice Conklln. v ' 31m Needed the Wages. (Special Ptapatcb to The. Journal . Hoqulam, June 10. The men em ployed by Mr. Eherwlne, who was re cently arrested for violating the eight hour Jaw, contributed the amount of his fine, $25, but he-would not scoept -it The men needed work and were getting only 20 cents an hour, so they asked : htm to let them work 10 hours a day, whlchhs did, and was arrested for 1L , ,t I . I'l ii i iM , .... 'iy'v'-iKanaaa" Abstracters. (Uolted Preaa Lataaelt Wtre.)' Stockton, Kan., June iO.i-The second annual convention of the Kansas Ab stracters' association began here today and will be of two days' duration. President Charles S. Uhl of Smith Cen ter called the gathering to order. The convention will discuss the - improve ment in the methods of land examina tions and various other, matters per taining to the abstract business. i -, V ... ' " " .