10
THE OREGON DAILY JOURNAL, PORTLAND. THURSDAY EVENING. JU-Y !C0.
ills "
n mm
Ml I IUIIIU
Carmen's Annual Celebra
tion at Oaks Meets With
Ovenvhel in i ii Success
Estimated That 32,000
People Will Attend.
GOLD fL
snoor loony
3filitiamen Are Trying for
Individual Tropli.v Rose
burg 31 an in the Lead.
With phonographs Bnil bands di-n tier
ing music through the air, mi'Ml'lni
proclaiming shutes and "pnlnsis " ami
cannibals and souvenirs, with girls In
White dresses and babies In hint- rib
bons, and. wives and mothers In their
best bib and-tucker, with picnics under
the tree and Ice cream cones disappear
ing like snowballs In the crater of Ve
suvius, with everybody happy and gay
(1'nltid lrena I.escd Vi'lr.- I
r:ilem. Or., Jujy 23 -The members of
the different companies of the Oregon
national Kiiard encnmpeil here are to
day engaged In trying lor the gold
medal for the best In ItviduaJ shot
Corporal Alexander Ferguson of Rose
burg is at present In the lead with a
score ..f 2 5 S out of a possible 350.
other hiiili scores were made ty I or-
poral (I. P Komane of Portland. 2 4 r. ;
Private Chester Fisher of Hoschtirg.
230; Private It .1. Ivrirntcns of Albany,
216; Sergeant S. 11. Snodgrass of Cot
tage throve. 21 -t, and Private R. I,. Pcr
dew nf Eugene, 20.',.
This afternoon one of the principal
events of the shoot will be the contest
for the governors trophy cup, which
Roes to the winning team.
CHAMLER SICK OF
T
E
UNDER THE SPREADING OAKS
and e;ood-naturod, and the sunny waters
rippling; blue rmd serene, and"" flowers
nodding a welcome, the thousands of
visitors at the Oaks today'' entered Into
the spirit of the carmen a Jollification,
and the big grounds rapidly filled wjth
a hot and jovial eorwd. :
Early in the morning the people be
gan flocking to the Oaks, and the cars
with two trailers were filled every 10
.minutes by the clock, with picnic par
ties. !Btit" after the noon hour had
struck they arrived In droves, and by 8
(O'clock tonight the indications are that
.'there will be a record-breaking crowd, i
iThere will be at least 32,000 according
''to the estimate of the committee of ar
rangements, and If the gate receipts
show 35,000 nobody will be much sur
prised. Baby Show Attracts.
The first feature of interest this af
ternoon was the baby show, which was
held below the pavilion on the grassy
: plaza. The division of the city Into
; districts gives a chance for a number
- of prizes In the different classes, and
; these were abundantly supplied. Rock
' ers for little people old enough to ap-
predate them and a high chair for the
t tiniest tots, and a go-cart for the Inter
! mediate slz.e, made up a good array and
'. saved the lives of the Judges. The pret
f tlest bahy in Clackamas county received
a rocker, and the prettiest Chinese baby
t was not overlooked.
Following the baby show came the
foot races. The young women had an
Imported wicker chair, a rocker, a pic
ture and a cash prize to compete for.
end the running was spirited. Wives
- and daughters of members competed for
a prize of $5. The boys' comic race.
-which was entered by a dozen caper
youngsters, proved most exciting. The
boys had to stop and dump their shoes
Into a barrel and then when they were
emptied out find them and get them on
again before they could finish the race.
'and the onlookers bad a lot of fun out
of this event.
The three-legged racers wer awarded
two handsome stick pins. The Winners
of the members' brotherhood races',
who had to run backward, received a
handsome fob and petulant.
Entertaining short talks were given
bv Rev. J. Whttcoinb Brougher and Hev.
Clarence True Wilson. Fred Butler sang
and responded to an encore Miss
Kemp was the accompanist. He was
warmly received.
The watermelon and pie eating con
tests closed the afternoon's program, the
winners getting $1 prize.
Special Evening- reatures.
This evening's pr"r:im includes ath
letic sturVs and a sword drill by -om-
teams .from the k i . i .i
(United Prem brined Wlre.t
Paughkecpsle, N. Y. July 23 Harry
Kendall Thaw Is practically In solitary
confinement at the county Jail here to
day. His counsel announced this after
noon that Thaw lost J1.KO0 yesterday
In a stork transaction because he was
not allowed to use a telephone to give
Instructions to bis brokers.
Robert Wlnthrop 'hauler, the multi
millionaire sheriff of Imohess county,
who lives at the Jail, has grown tired
of the society of the slayer of Btanford
White.
"Stub" Griffin, a ptlsoner In the Jail,
complained that the .strnins of the or
gan as playej by Thaw disturbed his
peace of mind, and the Pittshurger 1ms
been Informed that he will not be per
mitted to Indulge his musical talent
any more.
Chanlor announced today that no vis
itors will lie admitted to the common
cell In the 1a!l. where Thaw now is con-
Iineu, except mu piiwonrre wjic, jiiom
er and personal counsel, Charles Mor
se ha user.
For several months Thaw enjoyed the
commodious quarters of the sheriff, and
It was a hard change for him to go
back to ordinary prison life.
Morsohauser, after a conference with
Thaw this afternoon, said the prisoner
had made no complaint against the new
rule and preferred anything to the asy
lum at Mat tea wan.
GOLD FOR
HIS CM
Star Witness for the Govern
ment Gives Danuuriny:
Testimony Against the
Hoof lis ana Mnirieton in
Land Fraud Cases.
The story of receiving 1300 in gold
from the Pooth-Kolly Lumber company
or a timber claim fiO miles from ltose-
nirg which had hcen proved tip on
fraudulently, so the government lultns,
was related on the witness stand In the
nlted States circuit court before Judge
Wolverton by I. Thomas Arw this
morning.
Agee, who Is f0 years old and who has
lived In lHtuglas county all his life. Is
the principal witness of the 1'nltcd
States against James
erly receiver of the R.
; Robert A. Hoot h.
senator, and Thomas
brother-in-law ol the
horn have been indie
of forming a consplia
government
II. Hooth. form
psehurg land of
formerly a state
E. Singleton, a
Rout lis, all of
ted on a charge
v to defraud the
valuable timber
STETSONS OFF TO
COUNTESS EULALIA
fruited Press Leased Wire.
Philadelphia, Julv 23. Mrs. Sarah
Elizabeth Stetson, widow of the mil
lionaire hat manufacturer, was mar
ried today to the Count of Santa Eulalla.
The couple Immediately left Philadel
phia In an auto for New York, and from
there will sail for Europe, where they
will spend several months on a honey
moon tour.
Several days ago Mrs. Stetson an
nounced that she and the count were
to be married, but refused to reveal
the date, and the wedding today came
as a surprise, her friends believing it
would not take place until next fall.
She would have kept the match secret
until todav had It not been for a rumor
that she was betrothed to Earl Clan
carty. Count Santa Eulalia, who is Portu
guese consul at Chicago, is a member
of an ancient and distinguished family.
He Is a direct descendant of royalty,
and one of his ancestors. Don Manuel
Plto Rebeiro de Francesca. in 1404 was
mn.de grand minister of the crusades.
This is an honor which no other Portu
guese ever had conferred upon him.
out of
anils
The government contends that Agee
filed upon a claim In t lie aps Illthee
ountry, and that in IHOft he entered
Into an agreement with memhers or
the Booth-Kelly Lumber company, the
ondltloiis of which were that they
would take over the land as soon as
ii red a jiatent It was t no inten
tion of Agee, so the I nlted States orti-
clals assert, to get this claim as soon
as possible so that It could be turned
over to the Jlooth-Kclly company for
the consideration agreed upon.
Made raise Affidavits.
Age,, told of this agreement yester-
ly. The government niso claims mat
Agee secured a patent to this claim tiy
ans of false affidavits --tnat, an
told. Agee dldn t live upon the land
more than a few months at any one
t Irne.
gee related to the court and Jurors
this morning how ha had received the
J.100 from James Henry Booth, receiver
of the Roseburg land office. In return
for a deed to the claim in question.
Previous to the date that James
Henry liooth had paid him the money
in cash. Ag-c said that he had com
pleted all "arrangements for putting
the deal through with Robert A. Booth,
formerly a state senator. When James
Henrv Bioth pah! over the J3"0 to him.
for a deed to the claim, Agee claims
that $10 of this money wns held out
by J. H. Hooth for Singleton for cer
tain expenses which he asserted that
he had made In the course of the trans
actions as a go-between for the com
pany and Agee.
Point for Government.
The government officials are of the
cplnlon that the statements of Agee
this morning with reference td having
received the $30i in gold In return for
a deed to the limber claim and that the
fact that the money had been paid him
by James Henry Hooth, who also held
out money for bis brother-in-law, are
very Important and that this will go a
long way in deciding the Jurors to de
termine upon a verdict In their favor.
At noon United States District Attor
ney John McCourt finished with Mr.
Agee. and this afternoon the cross-ques
tioning of the governments
witness was begun by
defendants.
An attorney for the defense Is said to
have shown considerable agitation of
mind this morning while Agee was on
the stand, and after court had taken
the noon recess took it upon himself to
find fault witli the government methods
of prosecution. Nothing about the
prosecution's way of handling the case
was said in court, however.
RNI LEAVES
THE TRIPOD
His Brother Charles Fditor
)nrinr the Campaign
Won't Discuss Gnffev.
raw 1
CONFESSES
1 .Inco i,
announce
tomorrow
1 leipn t Ion
during Hi
Neb.. July 21-llrynr will
ed I ' nihil I y In the Commoner
that he has retired from par
In the condu.t of the paper
campaign, in favor of Ills
brother Charles W. Bryan Richard L..
Mei.-.ilf, tin- iisbocl'ite editor, becomes
litor in -ehlef for the time.
The profits made bv the paper, abovs
the actual running expenses, will be
Counted from uw on to the national
lernitci a t le campaign fund.
William J. Ill - an today declined to
lis. iish In any vvav the action of the
i-nnsvlvanln slate pernocratlc coinmlt-
ee yesterday In recognising I olonel
amcM Ouffey of Pittsburg as leader
nd d noiinclng the action Hgalnst (Jul
fev it Ocnver It Is known, however
to have been displeasing to Bryan, who
itteriv niuiosed (iulfev.
Bryan will lenvo tomorrow afternoon
for Chicago ami expects to speak at
Omaha and East Aurora. III. Ho will
o aceompnnled bv Charles W. Bryan,
his brother; Secretary Rose and a party
f newspaper reporters.
The party will lenv'e Chicago Satur
day night. This will give a daylight
ride through Iowa and .Nebraska, and
Bryan sprobably will speak at Ue
Moines en route.
Delegations of negroes, representing
the allied Nebraska negro organizations,
were cordially received by Bryan today,
who In a brief address to them advised
he organization of Democratic clubs
Ohio. Indiana and Illinois.
A delegation of 2ft farmers from Mis
souri held a conference w It ri the Ne
braskan and promised him support.
Grocer's Clerk Who Lured
A nut and Cousin From
Vienna That He .Might
I.ol Them, Tells of His
Atrocious Villainy.
HEM NARKS
MM MEETING
Excited Discussion Attends
Proposal to Pay Dues of
Dropped Members.
NORTHERN PACIFIC
principal
counsel for the
peting
nod tie K of P. muni' liv the uicgnn
male quartet and the highlv entertain
ing cake walk entered l. f i e negro
couples, the prizes f.o wl!h are stun
ning pieces of oonfe. t:onrrv. Hie first
represent ing a horn of pi.-ntv spilling
out candled fruits and flowers. The
second is a handsomely decorated eake - j
The masquerade skating contest will be : J ) Jj
inierruii(j.
A prize is offered for the best char
acter and other prln s will be given
forty pounds of candy and 10 poJnds
of chewing gum were given away to
the children from the charitable Insti
tutions and others, and i fine zoi.o
phone, a new kind t.f !...n. graph, which
was raffled. Chan.s were raprrly
bought and sorrel,. .lv .n a chance of
geitirg ft fine InM rurnr-'-.t. T" the com-
NOTTINGHAM Fl
ON TWO COMPLAINTS
C. W. Nottingham was fined $.'. this
morning in the municipal court on each
of the two complaints sworn out by
City Building Inspector Dohson. charg
ing Nottingham with repairing a frame
building within the fire limits and for
altering a building without a permit
Nottingham, in addition to his fines,
will have to restore the building to
its former dimensions and will be re
quired to take out a permit for other
work which comes under the -ta per c-nt
clause of the building ordin inc
Neither of tiie ia-es tried hiN mnrn
lill. Ik the one which prec 1 pi I ;i fed the
fight l.eMve n Ilohon and the council.
That case will come up later. City At
torney Karauaugh stating that he has
not been able to get to it up to the
present time
HUES TO
DICKER WITH JUDGE
elks Boom on
AT TEXAS CONVENTION
Ralph E. Moody, one of the delegates
from the Portland lodge of Elks to the
national convention at Dallas, Texas,
returned to his home this morning after
an absence of more than two weeks
Mr. Moody is enthusiastic over the
pleasures of the trip and is proud of
the work done by t lie re-..n delea'e.s
at the convention in adv ert ising puit
land and the state.
"The northwest sent the largest del
egation to the Dallas convention ever
sent by the district to any previous
convention." said Mr. Moody in discus
sing the trip and the Incidents of the
gathering this morning.
"Especially should the Portbfid lodge
PLANS EXTENSIONS
(Speclnl Dlspntch to The Journal.)
Olympla, Wash., July 23.--Two im
portant extensions of the Northern Pa
cific rnllway in this state are planned
for the near future, according to cor-
f oration papers filed In the office of
he secretary of state yesterday after
noon. The articles for both of the railway
companies were filed by B. S Orosseup.
western counsel for the Northern Pa
cific. One. the Olympic Peninsula
Railway company, has a capital stock
of J2. 000. 000 and lias for Its purpose
the construction and maintenance of a
railway from Moillps. the present ter
minus of the (ir.iys Harbor branch of
the Northern Pacific, in Chehalis coun
ty, "to some point upon the Strait of
Juan de Fuea In such direction and via
such routes as may hereafter be deter
mined by the trustees of the company."
The other company is styled the Ken
newick Northern Railway company, and
has a capital stock of 15,000,000. It Is
planned to build a railroad that will
practically traverse the stato from
north to south. I he railroad will ex
tend from Kennewlck, a town in Ben
ton county, across the Columbia river
from Pascp, northerly to the British
Columbia lino, by routes "hereafter to
be determined upon by the trustees of
the company."
The Olympic Peninsula Railway will
be the first railroad Into the Olympic
peninsula that has an outlet. It will
traverse Clallam and Jefferson counties
and tap the biggest body of timber yet
untoucneu now sianoing in this state
1 lie ivennewicK Aortnern, it is pre
sumed, is designed to tap the rich
wheat fields of Douglas and Okanogan
counties. The naming of Kennewlck
as the southern terminus indicates that
rue new nrancn win tie operated as a
leeder tor the north lxink road and
hecome tributary to Portland. The in
corporators of both companies are H.
c. rvutt, ii. M. piummer and M. P. Mar
tin, Tacoma men with Northern Pacific
interests.
(t'nlti-d PrrM Leitt-d Wlr.)
Paterson, N. J., July 23 After having
been In Jail several hours under a se
ere "sweating" by the police author!
!.,.. 1. .
ll ovin mm r.pec tat detectives sum
moned irom Nw York, August Eber-
haidt, formerly an employe of a New
lorn grocery store, late this afternoon
confessed that he hud lured his aunt.
Mrs. Ottllllo Eherhardt, and her 20-year-old
daughter, Ophelia, to this
country from Austria and then delib
erately murdered the woman Inst Sun
day night In order to get her little
fortune of J2.UH. The murderer gave
full details of the crime, which was -io
revolting In Its completeness and cun
ning as to astonish the detectives
Eberlirtrdt said he had burled thr
plunder a mile and a half from the
scene of the crime, a lonely section of
llacKensack. N. J., and he was takon
there this arternoon to dig up the
money The prisoner Is heavllv guarded
because it Is feared popular" indigna
tion might lead to a Ivnclilng.
Eberhardt was captured here this
morning, suffering from a gunshot
wound lie had no hat, no coat and no
money nnd was so weak from loa nt
blood that he could ha.-dlv walk. He
was ouestloned hv the nollee nnd at
first said that he. himself, was vic
tim of the snme murderer that killed
his aunt and wounded his cousin.
The three had been wnlklnr down the
railroad track, he said, when thev wer
assailed with a fusillade of bullets i . . -
said he heard ,i shot and wns struck on
the head aim rolihed. That was all he
remembered until ho found hlmsVlf
near here, he said.
Confronted with evidence found bv
detectives the prisoner l iter today broke
down and confessed He had planned
the crime for months, he said. Mrs.
FIberhardt and her daughter lived at
Vienna and by writing them glowing
letters of the money that was to be
made in America. Eberhardt succeeded
in getting them to come to this country.
He promised to marry Ophelia on thejr
a rrlval.
Triaachery
His aunt finally
letters and arrive,
day on the steamer
her entire fortune,
them at the dock
in a little hotel
New 1 ork. He
at the XJmit.
yielded to his urgent
I here a week ago to
I eu tscliland, carrying
$ 2,000. Eberhardt met
and got them settled
on the outskirts of
took his aunt to a
money changer and got her to change
the money Into American bills.
Sunday afternoon Eberhardt suggested
a trolley ride to New Jersey, adding
that nis aunt had better take her money
along, as robbers frequented the neigh
borhood of her hotel.
The woman and her daughter un
suspectingly accompanied the fiend on
their last ride together. By evening
the trio were at a lonely spot on the
New York & Susquehanna railroad.
Eberhardt said he had lost his way
and suggested that they walk down the
railroad tracks.
HARDY AND HAPPY
TROOPERS NEAR GOAL
1 he
praised for
hi. I 1 1
...II ..f the i I I li
, l ie!: .. ;.
. ,plev ot 1 !;.' I
delegates from
the copies v
inaiid which en
know that prai
either kept or
parts or tl
s work
state h
ited I,.,.
In
1 1..
the
h.
mMtee of arrant!!
Is due for the n.ai r..
w-as managed, and th
ers mi e the ; , tji. .
for their handling .
nt n.,n h i re, lit
r ! w h 1- h the 'iav
e I . I .. he iff ei, r-
i's of ui h pra.se
f the n, utter.
YOUTH AH T DENTALLY
SHOT 31 A V L'E(OVEH
Adolph Adler, charged with attempt
ing to extort money from Pig Sh lo l
and others, went Into court to bargain
with Judge nronaugh as to the length
of his sentence this afternoon, but was
turned down by the court. It was sup
posed that A.iler would plead guiiiv
lld accept his sentence. But It '!-
vei.,p.-d that he wag merelv attempting
to find out what senten.e tel(. ro.tt
would impose if he did plead .Tudee
proiui'igh told him he must either ph. id
guiltv or not guilty nnd Adler went
!'! k 1" .all 'i'h' i up l sh rr,' r' f'"- ! ;s
oferse Is from ore to two w-is .ri
t - j r. . ! en t lary.
vert Islng
list ribu-
i.n Portland
i'lh.s. The
11 ped up M
country, and
route. 1 a de
': utl--fb-.. I
f theni were
to different
e of the fact
I hat those who did get them guarded
them Jealously while th. se who did not
i.eggei the Oregon delegation for
les
"Many men t horn I did not know !
came to mv room asking for copies of!
the book and asked the postage required
to take it through the mail. From this
I know tha' larxe numbers r.f the book!
iii.i not
tically ail
sent nw.iy
been u s
cop-
iSpeelal DIspntcD to The Journal.
McDonalds Ferry. July 23. Troops
A, B, C and V of the Fourteenth United
States cavalry, who left Fort AValla
Walla last Tuesday on the march to
Vancouver, Wash., arrived at the John
Day river at noon yesterday, where they
camped for the day. They resumed
j their march this morning. The nn n
'and horses art in fine condition and
(can reel off 30 miles per day with ease.
They are In command of Captain Pope
and Lieutenant Kinney, who will take
them overland to Vancouver and from
there they will be shipped to American
Lake, Wash.
The command consists of 31ft of
ficers and men, with 32u horses and b.
mules. The famous Fourteenth Oavalty
band Is with the outfit as well n a
".iackass" battery 'I in- greatest sight
ever witnessed on the John hav oc
curred last night when about 2D0 of
the men spent an hour in teaching the
horses to swim.
The troops broke camp at 4 o'clock
this morning and will march to Mori
today. The Itinerary Is as follows:
McDonalds Ferry to Moro, thence to
Sherars Bridge, then to Tygh Valley,
from there to Wamlc and over the Cas
cades via the Oak tirove road Into the
Willamette valley and down the val
ley to Portland and Vancouver.
Thought Shot Was Thunderbolt.
Then nature came to the aid of the
murderer. A thunderstorm broke anc1
when a flash of lightning struck near
the party, Eberhardt shot his aunt.
She stumbled and screamed that she
had been struck by lightning.
Bberhardt fire,i everal shots at the
girl, but falling to hi! her he shot him
self in the arm. Screaming that the
party had been attacked by robbers, he
told the girl to run.
She followed his directions and kept
on through the storm until she mine
to a cottage, where she was cared for.
Then K-herhardt returned to the scene
of his crime and placed his aunt's body
on the railroad track. Monday morning
the body was struck bv a train ami It
was at first thoug.it that the woman
had been killed accidentally.
Investigation of the body, however,
showed the bullet wounds. Eberhardt
dug a hole in a field about a mile and
a half away from the rcene of the crime
and hid the money
Then he fled to the mountains. Loss
of blood forced him to come to Pater
son this morning to seek assistance.
and he was Immediately arrested.
The fiend displayed no emotion when
relating the d' t ills ol the terrible storv.
He expressoj sorrow that he had not
been able to escape
Exceedingly lively debates character
ised the meeting of the A. O. W W. this
morning The various modifications.
nd changes In t!o const It lit Ion that
havp been proposed during the present
ooifYcntlon came up for discussion.
Voices of delegates could be plainly
heard all over the building during the
heated moments of the morning's ses
sion, but when the executive session was
oyer at 1 o'clock this afternoon all Un
delegates insisted that there had been
no serious disagreement.
Chuag-o Constitution.
The Important change that has been
made In tfie const II ut iou Is one concern
ing the reinstatement of members who
have dropped out of the order. By the
rulo adopted today, after some excited
discussion, the society will pay out of
Its funds assessments on memberships
ror a certain number or years. For In
stance, a man may omit paying his dues
for three, four or five jeers, ns the case
may be, and the lodge of which be Is a
member will continue puylng his dues
until ho is llnally dropped.
Grand Master Phllln Oevurtr. called
the meeting to order this morning, and
resolutions were reported bv a commit
tee consisting of F. Buchtold. J. P.
Dodge und Thomas Duly, and were
adopted, commending the 20 years' ad
ministration of Newton Clark as grand
recorder. Following the reading of the
resolutions. Past Oranil Master Rrtm-nnl
Werleln presented to Mr. Clark, for tin-
order, a chest of silverware.
InrtaU Offloars.
Although the A. . V. W. mav not
compl.-te its work tonight the Decree
of Honor will adjourn Its biennial meet
ing this afternoon, follov.lt.g the lnstal
latlon of officers. Tills morntnar the
grand lodge extended a vote of sym
pathy to P. (i. a. of H. Julbi A. Gault
eeause of the death of her husband
The question of dividing the annual
assessments Into 12 a year was voted
down. It is probable that the lodge
win esiHiuisn an orriclal paper and it
asked the assistance of the A. O. 1'. W.
in the work this morning.
Tiie A. (). P. W. officers elected ves
terdny afternoon are a.s follows: Orand
master. Philip Oevurtz. Industry lodgo
No. 8, Portland, grand foreman, George
T. Baldwin. Linkvlllo lodge No. 110.
Klamath Falls; grand overseer. Hurry
McClcllnn. Roseburg lodge No. 16, Rose"
burg; grand recorder, O. M. Steal man.
Fidelity lodge No. 4. Portland: grand
receiver. K. L. Durham, Hope lodge
No. 1. Portland; grand guide, Sam
Roake, Ftlls City lodge No. 59. Oregon
City; grand Inside watchman, Lester
White, Cascade lodge No. 94, Detroit;
grand outside watchman. Charles C.
Balrd, Biker lodge No. 100. Raker CItv;
supreme representatives, W. J Clark
rraiernlty lodge No. 9, Oervals;
ton Clatk. Riverside lodge No. 6S
Rlv'er. I. Berchtold. Frlendshln
SUE CITY
People's Market Association
Wins Foothold Judge
Holds Law Under Which
Company Was Dissolved
Passed After Organization
fif
ths
the
t.ie
The Teople's Market association,
ter being on the verge of defeat In
lrcult court In Its effort to compel
ity to respect its franchise to
market block on Third street, won a
firm foothold this morning by a ruling
of Presiding Judge Bronough. A de
murrer of the city to th6 plaintiff's
amended reply was overruled, thus turn
ing the tables on a previous demurrer.
change was brought about by the
The
New
Hood
lodge.
No. H, Oorvallts.
D. of H. Electa.
The D. of H. election yesterday re
sulted as follows:
Orand chief, Harriet C. Loom v of
Salem: grand L. of H., Sadie E. Moore
of Corvallis: grand C. of C, Ada Kuy
kendall of Eujrenr ; grand usher. Morii.i
Hendricks of McMinnvllIe; grand r. -corder.
Ollle F. Stephens of Portland;
grand receiver, sarah J. ngner of
Portland; grand Inside watch. .May More,
head of Junction CItv; grand outside
watch. Mae (levurtz of Portland: gran I
representatives, Mrs. Hattle McOormae
of Xlarshfield. Mrs. Sarah Fnstahend of
Astoria and Mrs. Fidelia I. Mann of
Portland.
discovery or a new point, which may
affect other corporations that nave at
one time or another been dissolved by
proclamation of the governor for failure
to pay license tax. .
Judge Ountenbeln's ruling sustaining
the demurrer was based on the ground
that the market association had no right
to begin its suit at a time when Jt was
officially dissolved. Governor Chamber
lain Issued his proclamation dissolving
the corporation January 14 and the suit
against the city was commenced IS days
later.
The corporation declares.that the non
payment of the fees was an oversight
irf one of its officers, he having failed
to attend to this duty for two succes
sive years. When the city filed Its de
murrer and pointed to the proclamation
of the governor as a reason why the
suit could not be maintained, the com-
Cany paid the fees and was reinstated
y the governor as provided by law.
After Judge Gantenbeln's decision the
attorney for the corporation made fur
ther Investigation and discovered that
the company was Incorporated previous
to the passage of the state license law
in 19u5. He thereupon filed a new re
ply much In the same form as the for
mer one, a demurrer again was filed, and
the question came before Judge Bron
augh today In that condition. It was
argued that the legislature had no right
to pass a law adversely affecting The
right of a corporation to sue that was
In existence when the law was passed.
This posttlon was sustained by the
court.
The object of the suit Is to compel
the city to restore the franchise rights
of the corporation, which the city at
tempted to take (iway because of al
leged non-compliance with Its contract
In putting .ne premises to uses not con
templated under the franchise. The
company asserts that It has spent more
than SHI), ODD and as the franchise has
about 21 years to run. It claims that It
has been greatly damaged.
UNBALANCED YOUTH
TAKES FATAL DRINK
H0L(T)3Iirs I.E3I AINS
TAKEN TO UOKVALLIS
Elmer Norene, a one-armed boy. for
merly an A. D. T. messenger, committed
suicide laat night by drinking carbolic
acid at the home of his grandmother.
Mrs. F. Peterson. 1513 Delaware street,
Peninsular station.
The boy, whose mind had been af
fected for several years, told hi.-i
brother last evening that ho was about
to kill himself Then he disappeared
and nothing further was seen of blrn
by the vainly searching family until
this morning when his body was found
in the barn. He had spent some months
In the Insane asylum at Ralcm and
I seemed to brood over his mental tn
1 flrmity. He lost his arm some years
I ago while trying to board a train.
The boy's parents are dead and he
made his home with F. Peterson, the
husband of his grandmother. Mr. Pe
terson reported the case to the coro
ner's office this morning, but it Is not
believed that an Inquest will lie consid
ered necessary.
H1ELESS BECAUSE
EIRE SERVICE BUM
(Pnltrd Pre Iaed Wire.
Marysville. Cal , July 23. Twelve
families are homeless today and may
be forced to reside In tents as a re
sult of Tuesday's fire which destroyed
all the buildings on one block and drove
14 families from home..
There are no vacant houses In Marys
ville, and although the homeless fam
ilies are being temporarily cared f. r
by friends they an- experiencing gr-at
difficulty In finding permanent resi
dences. Plans are being made today for a
general reorganization of the fire de
partment. The board of fire under
writers of Yuba and Sutter cT)unti"S
met last night to discuss Tuesday's
blaze and decided that Inefficiency In
the department was responsible for the
heavy loss.
of
(Special Dtapateb to The Journal.)
Monroe, Or., July 23. The body
the late William Holoomb, who was
drowned here In the Long Tom, Sun-
da-., has lieen taken to frirvallts and
turned over to the county for burial.
The deoe.-ised was a brother of Lewis
llol'-omo. who sver;i years ago se-
Cll'-e. lnc.il notoriety ,v rr.;irrvng Elizi
Saunders, ,i woman tunc times his
age. in order to escape testifying against
her in a criminal sut
The accident to Holcomb, who was
about 2e years of age, happened while
he and others were In bathing Just be
low t lie mill dam. None of the crowd
could swim and when deep water was
encountered Holcomb could not get
back Before help arrived he went
down for the last time, and was not
recovered until the next morning.
FOR MONEY
DUE ON MATERIAL
The Standard Construction company
has begun suit in the circuit court
ort.ilnst Robert A. Pro.idfoot and wife. '
the Portland Trust company. Jack Han
kin. K. A. Rankin. J. Q fr- -n.nr and '
Frv Hankin for JJ..SMI alleged to be
due on ma'tcrlal furriishel In the con
struction of the Heyser hotel at Fast ,
Third and Burnslde streets. Proudfoo;
Is the builder and he is alleged to have '
been unreasonable in his requirements
of the contractors. The other defend
ants are Joined In the suit because thev
are said to have claims against the
building Inferior to that of the plaintiff
BIG LAID BOLDER -TO
BE SOLD OUT
(Sperlal Plspotch to The Journal.
Klamath Falls. Or., July 23 Abel
Ady, holder of many thousand acres of
Klamath county swamp lands, has been
served with an execution and order of
sale through C. F. Stone, attorney for
Malxl '!'. Cluness of Alameda. Cal.
The attachment covers nearly 4,000
acres of the swamp lands held by Ady
and represents a sum of $ 2 3 . 9 7 . 1 0 . Ma
bel T. Cluness Is assignee of the In
terests of Everdlng & Farrell, a sor
poratlon In Portland, which held
mortgage on tiu-se lands.
The attachment does not Include the
land granted the government for an
experimental sta'lon, or the ptght of
way granted the Southern Pacific corn
pan v .
The sale is advertised for July 29.
were sent to every part of th.
Portland and Oregon got rn.-.
ter ad vert lsr men t out of th.
Thin any her- . i r y . -- s - ,-i
country.
and het
- e books
' n the
Crack Rifle Team of Co. M, Salem,
Winner of State Trophy, Score 446
William lrwfn. t!e n-vpar-f'lf he
who wns h't e-'..-ilq af-ern-i
while pla r.g .'r a . . aMr-.r "if.
which fe ti,.iik- . r..- loaded '
the Oed Strra-I'rin '
roed to recover i Tt
t UK Fjvsi Twentv
was playing with :
ftnunnn. He had
tarrt. end hsvlr.g
iinginv the gir ntKiiit Ids
UMATILLA SCHOOLS
SH Ui INCREASE
"lira, a r. i .n -re
hov who resiles
-' 1 Ird t reel nort i
I e rifle e er!a v
he-p -"t1rg st
tired nf the sport
- i
when remaining curfldge irl dd,
mtetiec the left j.T-.t ,ni rowing o-
m of i:i i r.e r-ov vrlp
the hospital where It wm f,,
the wound w not serious
1 K e n
-n.i t!
- ieeiai Iiitrh t-, Tre Jr-nrr.il I
rend.et- n. i it., July S3 -In the an
nual refort r.f th- I'msitlPii county
n I itt made it In tihow n thet
P'r'M.; at t ends r,c- durlr.s the psM yrar
ha Peen greater than ever before. Out
e f the .131 p I' lls of sche.nl K, tie
tween 4 and ysrs in the count v,
4 r S T hi v I'er. r.ei.iarlv .rriVl p
f .jt-1i "I th' f- h i d!Mrir-g ef tne
l d-
BOBBERS BELIEVED
TO HAVE ESCAPED
T
ra
nt:
rt
T: i ,
t'f
PVtM Tr v- Tfc
Alhftar. Or.. July :tRtKrt, from
(wl! rcel red trvlsv ur the Ital
ia rtriifi Hkv made gcxvd their e
!- After the battle with rlttseie, ar,.j
the pomp th rnts and ail STenu rf
-rape wre rloewlr guarded, and fr.r a
tls-ia Mfrola wr maintained In
spite this the kaodl'a managed to rt
war. They are report this m-iralr.e
te b fteer Aibaar an4 maklnfthtr wa
rwit f ih -wufitrv. A rlnac walrh la
k!n '- - - 1 J fc, w fflA.M a a k I I
iten ta tots TUlclt.
nem- rntti-
h rei,-iire
pen 1 r-hi'1-er to pf r
r rr.mlr.al : r...-r ,- ,..r. There nr-ta-rerB
I r. v. r e. . p rf th of.,t:
i' ar.d '7, are f.4 p-eh.-, tt.,i'dlr
Yh nm t'riliir,' In h pr-hot-.s
th pat ear sp ( J j.r rnt
B.
S. JOSSELYX FINED
FOB FAST DRIVING
Prtde4 P. ft. Jr,tp.lTn ef th Pvr -land
Railway Light k pe.wr rmpanT
was firted 1 in the police ouri this
I mornlrg fr,r emredint th r4 limit
In Hp eytrnmoMIe Bf ri.et cf
Bttorrej-S the fn was ralar4 te li
I mo tix case could be rpeaUe.
i;...i 1 - r: !, .,, , , ,. ,.. , -. ,,,
Mr M.o.lj !,, s-.s that : 1 . . v h the
Portland ho..ks the delegates 10 tl,
t.-i I h :vi! i.nero..n r-e'e. ail the n.,. . '
the Klviri them of the ye.) I tie erisi-l :
i..n. -he,,, h.ing en invitation In the j ,". 1 ."" s....in..a. .in.,. M yprw. -.... ay .
I..'k e. -ended the deletes t,i the f .- , ' ' , - '--"" ;
l.-.s Angeles convention In 1 !" t- stop I I ' , - 'Kf' - Wee" ' -' '
Pi.rt'ani en thir a v to visit t he I . -tj ' "Ai- -. ' 'itf 1
M.inv new laws w. re pip.ed hv tiie ' lv-4f&r . . . J;, ? s M'y "-''
-invention goerr.lng tie , rder of Fiks n"!u. l,'i- ' aCI '.-,. - .
ri,nv'n- ! imh 1 mtt;
msii W'-'j'i wmzu
ri;k. Uts. L- H t . ..CW
iXiC'U:- ) '11 l "f- SH
1 ' C r - t- .! 44aV y HtS. t- ,n -aafca. um
1 l.f '
alA T ir T - s.
TWO CAPTAINS PAY
FOR FAST TRAVELING
ROOSEVELT READS
TAFT'S ACCEPTAflCE
to Be Insane j
Pcillp Kallha. h ar.d Ms dog lliprnarrk'
wr-r.- aKttiii in lie i-our.tv lan vesterdsv
Kfli'hach r,r. the . r.arn' of inpanltv ar'd
the do he. arise he ra.-.not be separated
from Ids maprer Kallbach and Bis
rear, k were hronght n under similar
( Ire; i rnst.i ne ep ah-o.t one month ago. and
Koea-h was pronounce,! not Insane
r rei vest -
day The ma- talkp h'.kfn lierman ml
e. vr'!ily that :'.f
I mpr s ion t ha t 1 .
W. W. XtcCully captain of the
steamer I.urllne, pleaded guilty to vio
lating the new ordinance regulating th?
speed of vessels in the harbor and paid1
a fine of $10 in the municipal court,
today 1
Captain K W. 8pencer appeared for j
his son, Charles R Spencer, captain of
the Charles R. Spencer, and was also I
assessed 110 The court would not I
permit the Introduction of evidence on I
s previous conviction of Captain K YV ,
Spencer on a similar case, but under a
form.-r ordinance. I
In this case J R. C. lyockweod. en
gln eer of the Port of Portland, swore
to the complaints, charging that :h
Iairline ar.d the Mpencer ex. eeded the
legal limit of elrht miles per hour he
tween the steel bridge and San island )
Oyster Bay, L. I.. July 2S. President
Roosevelt and his party returned to
Oyster Hay today on the yacht May
flower from Newport. The president
held a conference with Taft this after
noon nnd after reading the former sec
retary s speech of acceptance of the Re
publican nomination for president.
fere.l several suggestions for
changes In the address.
of-
mlnor
sa-Te -er,tict was
The ma- talkp h-
ta'k tt P'. fapt and e. ,
nelg.ts.rs get the
la rcjt of h
lor shop or.
mind
the mx
Seawnre- of fcpiritualiM.
! Ar-ether ?anr In th Pr-rtlnnl
1 ua!lt ro tevok, pla t he f, rr.
i Bmniorh In the rlreu t rA-jn fs,,
i Irg. bu't It In' l' Te
i nf) for c,rn (' I.of. rf r.- rt
: national aP"eiattoi in pn if
)ei:Pt the state e.f'-r--. an1 t,
thewn fr1 ?e" --h n.e-r-i
hearira on Ms d-mand that t
' rtr. Mrs L - u F!in Corteii.
up tn ofs or if ptate r-raM
Mil re- a'tornev sent w&rd that
wtil-1 he wjt of ti-u un'li nit
Wednesday, arrl that rhaa of tha . K.
)ect wast rrer te tbat Utat,
rUht Servant Ralph L. White, frrnt
Chmter Abrams. CapUla Charle A. Murphy, Corporal Walter Pear
mine, Sergeant t1r 8. Rjder. Photo bj E; be 4 BeHajrcj, Salem.
Ruildlng rermlts.
I E S Murrav. erect dwelling. Rl
mont leteen East Twentieth and Knst
Twenty-third. I.t 00. E Kanbe-rn.
I erect daelllng East Eighth between
t Thompson ard Rrarell. 12.01m- Martin
Clar.r-y. ereet store an1 flats. I'nion h--:
tween Rerrh and Fremont $3.pac.
Smith Watson Iron Wnrku, r-t
: shop, Harrison between Front and Wa
ter. $25. (tan Marv E Mutton, ere-t
dwelling. East Eighth between Manu
p'ta and lingnoita II "c Z. Hpaulding
alter and repair wareho-is. Front be
teen Ankeny and Pirifslde. I1.1M,
, Lrlllle Hensley. erect dwelling. East
I Twenty-seventh and Rhone. $!., A
i Lsrtge. erect dwedir.g. Lowell between
1 Front an.1 Flrpt II. Ton; R. E Blae-n.
i er-t dwellirg. arutheTS between EaPt
j Thirty-fourth and Marguerite. II. &,
Pynsgogue Beth Israel, alter nil repelr
church. Twelfth between Main and
WadlPon. l:.f-00, Me'lure, erest dwe:)-
i liar. N'lrrlnla between Vermont an4
Florida. II. left; Otto Wlndfelder, nel
I ij welling. Twenty-slitlr- bet wo North
Imp anef Overton, Hfl.ft"; W. C. Rpa p.
I erert dweldng. East Twenty-we"Tl b
itaaca Atherta afid Wyftnt, H.IOe.
Companlea Incorporated.
tH)rn Kurvpii of Tbe J-wrnal.
flalem. or. July 23. Articles of In
corporation have been filed In the of
I flee of the secretary of state as fol
lows I'mpqua I tevelopmen t company: prin
cipal otf.ee Car-liner. ' r . capl ta 1 stock,
12 f"i": Incorporators W F Jewett, L.
, Bev mour and O B Hinsdale
I fielmore. MaeDougall A Moores com
I panv . principal office, Portland, Or ;
1 capital stock. 15.000; ncorporators: Ed
I w in Belmore, George af. MacDougaJl
I and Merrill B Moores
Keiisnce E'.ectrlc and Machine.
Works, principal office. Astoria, Or ;
capital stock. $ 4.00ft . tnror-orators: J.
J Kennev. H W Cyrus and Claude K.
Hlrki.
ult Hrr (Sprained Foot.
I Roy R Woevdruff has begun suit In
the circuit court against the Aetna In
surance company He la a erk em
ployed hv the evodyear Rubber com
pany and claims 1704 under a policy In
suring him for loss of wages in case
1 of acrldent He says he has h-n un-
' able to work since May li, when he
' sprained his foot
'- - J
Juat KxacUy Klfat,
1 hare used Lr King p New Utm
Pills for several years anl find the-
Jaat eiactlr right, says Mr. A A. Fl
Pn ef Harrlpvi;;. N. T. New L4fa
Pills relieve without the teas! discom
fort. Beat remedy for constipation,
biliousness and malaria. He ml fikieV
more Drag Co. Crvg storav