THE OREGON DAILY JOURNAL. PORTLAND, TUESDAY . EVENING, . AUGUST 25, 1008. 10 FAILURE NT EXCHANGE CHAMBERLAIN SAYS STATE MAY BUILD A. 0. Brown k Co. of Sow York Suspend Claim JIaxio That Failure Xot Put1 to Real Embarrass ment and Firm to Resume New York. Aug. 2fi.- Following 'li announcement on the floor of the tdook exchange of the suspension of A. . JBrown & Co. today, violent changes ware recorder! In the list. In the coun ter movement Chicago. Mllwaukie & St. w Paul, which had risen previously to 14214 on two or three transactions, fell abruptly to 14 1. There were a num ber of changes of Vi per cent and even more between sales of some of the lead ers. Smelter fell about two points from the highest, and Union Pacific rallied. The Hill stocks lost most of their early gains, and the general list became un settled. It is estimated this evenlntr that the liabilities of the company are from $500,000 to Jl, 500,000. Declares flub of Taxation 31 ay Re IlM Over llarri inan's Head If He Does Xot (Jive Oregon an Im jtroved Railroad Serviee. COAST CLUBS TO act 111 unison Fort land DeJ elation to Jojn Conference With Other Commercial Bodies. GRADERS AT Ml II S. P. OSWEGO CUFOFF (United Press Leaned Wire. New York, Aug. 25. It was an nounced today that the firm of A. O Brown & Co., large and Influential ' members of the stock exchange, have suspended operations. The suspension Is thought to be the result of an un usual flurry in the stock market last Saturday, when great excitement pre vailed. Since that time a rumor had been current that a big company had (one under but it was not known until today that Brown & Co. were affected. The company announced its suspen sion on the floor of the cotton exchange at 2 o'clock this afternoon. Its out Standing obligations there were not ex tensive. A short time Inter the firm . ordered all its trades in grain at the board of trade closed, which Is equiv alent to suspension of business in Uiat -organization. John XV. Rhoades, cashier of Brown & Co., was named as assignee for the firm late this afternoon. D. W. Noel, a New York attorney, is coun sel for the assignee. A representative of Brown & Co. Stated iis afternoon that the trouble was due not to financial embarrass ment,' but to the physical Impossibility of making deliveries on time. The com pany had handled 750,000 of the 1,000,000 t shares of stock that changed hands In ;the "wash sale" of Saturday, leaving less than 400.000 shares for the re maining 1,098 members of the exchange. . E. y. Buchanan, .a member of th ml . - . . ".I ..ill UIVKUH f""- "nay a s'sttiiieiit in wnicn referendum have -. iv wiIjiui lilt inilUlO IB I11IL glUtt) and that the company will psy ion cents on the dollar. Ho expressed the assur ance that the firm will soon resume tuslnes. . . " A representative of the firm this af ternoon Issued the following statement: "We did business Saturday amount ing to over 1,000,000 shares of stock. The amount of bookkeeping involved Is enormous, but the bookkeeping did not bother us so much as the form of some of the certificates. We had certifi cates of large amounts from Institu tions end other customers, which it was necessary for us to send back for cor rection. It was impossible to securo them for delivery tcdav but there Is no doubt that the certificates are gen 4 iSpo-l: lHpnt'h In The Journal.) 4 Miirshrii-M. Or-, Aug. L'5. ?ov- 4 ernor 'h;i mberlaln was uiiexpeet- w o.Mv culled nn this morning nt 4 the development eongrotm to sup- 4 piemen! his speech of Inst night 4 and lie aroused gnat enthusiasm 4 by declaring that If llarrlmiin 4 will not respond to the spirit of 4 conciliation and grant the de- 4 mnnd for new roads, then the 4 club of taxation should be vig orously applied and If thnt falls 4 the people under the Initiative 4 and referendum have the power 4 to nppi oprtate money, or lKue 4 bonds to build the road theni- 4 selves. He suggested that elec- 4 trio lines might be most piac- 4 tlcable, or that It might be 4 deemed wiser to guarantee the 4 bonds of a road that will build 4 across the state. He declared 4 that he believed the state can 4 build and operate a road at a 4 profit. If such a measure be- 4 comes necessary. 4 4 4 4 4 4 4 4 (Sjko1h1 Dispatch to The Journal.) Marshneld, Or., Aug. 25. Harrlmara was the live wire at the meeting of the Southern Oregon and Idaho Develop ment congress last night. Each of the three speakers. Governor Chamberlain, Judge Stephen A. Lowell of Pendleton and Colonel K. Hofer, president of the Willamette Valley Development asso ciation, gave the audience a Harriman thrill, and the large audience that tilled the chamber of commerce hall applaud ed them to the echo. Ask for Things. The governor urged the people of Coos bay to ask for things and keep on asking until they are given, partlcu larlv urging that a delegation be sent to Portland to confer with Harriman when the latter emerges from his hunt ing lodge, to present to him once more the justice of Coos bay's claim to a railroad. Judge Unwell awakened new enthusi asm when he declared that the, people of Oregon through the initiative and referendum have in their hands the power to compel Harriman to expend a fair share or the pronis or. ntn iregnn railways In the neglected territory of Oregon. "I do not favor confiscation, the de struction or Jeopardy of property," he declared, "but I stand for freedom and not for thraldom. 1. for one, am not In favor of waiting forever, for Mr. Har riman to build railroads. We can and should, unless his treatment changes, force him to return a fair share of his profits into the building of new lines where they aro so badly needed, and I believe this can be done by law." llki Trail of Serpen. inbuilt Ji.'ift nilleu In 20 years i 1 1,, ',:, mo fcku niilen were hullt by loia I people with local capital, 70 mile h 'loiiil people with the O. It N buck , ,,,i o, ,iui,.i, inn miles ! the Hairlmaii lntcri-ata. ' The people of Oregon are under no obligations lo Mr. lliirrlmaii If he has ever done anything fr the '"' books of his companies show he has been well paid for it. It 1b the policy of Mr. Hill to develop new leirltory by building; new railroad, but It l Mi Hnrrlman's policy to await develop ,. ,,r ili eiomtiv before building. and in the meantime to bottle It up by Theodore R. Wilcox will head a Port land delegation of business men who of this ni i,.,ivo tho first week In October to iiiteinl a conference of the various com menial holies of the Pacific cuast to be held lii Han KranelHeo. The plan Is tor all ttie commercial bodies or tho Important Pacific coast cities to unite In one , entral body so as To be able to net ipilekly and easily In case, any na tional legislation Is desired by the Pa i lib ( cast hs a whole. Thlii conference will be held Imme diately following tho meeting of the '1 r, ins - Mississippi Commercial congress, which iiccurs October 6 to 10. In Han l-'raivlsco It Is proposed to have a special train of business men attend the scouring all strategic points aiong meetings from the northwest and Kort avallabFrt routes to prevent any oilier hand w ill send one of the biggest of road from carrying off the oyster be-!,,. ,1,1, gallons. fore he Is roady to eut It. i It Is believed that If all the commer- "Mr. Harriman gave out u Intenlen tNes of the coast have some cen- ln Chicago recently, In which he .-.'it i I tral congress to net for them In coast If railroads nrn to go on e x t einil n K ,a 1 1 ,.ra that much nioro will he accom- thelr lines, improving the ones they in-w ipllsln ,1 than If the various local bodies ooeriiln ml, I 1 in) vliilll H lieW Colli men to take care of the business oT the country, they have got to gel more rev enue.' , "If all the net earnings of the Harri man lines In Oregon had h.eii expended In railroad extension In this state we would have so manv miles of railroad that the railroad company would have trouble In employing enough men to flag the crossings. "Let me show you something, taking the O. It. & K. company as nn example This eomnany operates 1,245 miles of railroads in the northwest In lS96ltas pet n ion for some desired Improvement. THOrSANI) FAMILIES COMING TO OREGON tie on tin in the bands of a reet iver. but was In I ami Harney counties One thousand central Illinois farmers are packing up their household goods and preparing; to move to Oregon before next Miiinir Thev have made their ar rangements to come out by special trains to southern Oregon and will sel- mllltary mad grant in lake Notwithstanding his assertion at Pel lean lodge that the projection of the Central Oregon railroad would be serl ously handicapped If the city of Portland compelled the Southern Pa cific to remove its line from Fourth street upon the expiration of Ha fran chise November 1. Edward H. Harriman Is assembling a large force of both men and teams alnmr the lln of ii Southern Pacific, cutoff between Oswe go and HUlsboro, by way of Tlgard- Workmen began making camp yester day nt different points along the route of the new cut-off and It Is evident that extensive grading and construc tion work will soon be under way. The new cut-off to he built will connect the present west side line with the now bridge near Elk Rock, below Oswego, bflngtng the trains now reaching the city bv way of Fourth (street into Portlnnd on the east side of the river. Rights of way have been secured over the new route and the steam road will parallel the Oregon Electric for a por tion of the distance between Tlgard vllle and Durham station. When questioned regarding the work about to be started, Southern Pacific officials this morning denied that the new ramps were a part of the road's construction forces. "The work Is not being done under my supervision," said Chief Engineer HoBChke. "We nave received no orders from Mr. O'Brien and the -matter would necessarily come through his office. The Southern Pacific has no Intention of doing any work along the line of the cut-off for some time to como that I know of." The Oregon Electric road Is the only other transportation line Interested nt present in that section of the country. The electric road, however, has Its own forces at work, but at a point remote from the Oswego cut-off. In fact. .con struction gangs have been busy for the new electric line about Beaverton and HUlsboro for some time, and it Is ev ident that none other but the Southern Pacific would place new oanirs in the field In the vicinity of the cut-off route. LAW JUST BE B i If mi LAWIilflfttK President of Bar Association Tuts Finger on One Source of Evil. DIVORCE FEATURE IN FEDERAL TIMBER SUIT that vear reorganized and launched upoi a new and successful career. The new company was capitalized at 3:..ouiU""'. anil there was a bond issue of about $20,000,000. That was but 11 years ago, yet the net earnings of the mal in thnt short time amounted In round numbers to about 48.r,i". . and would have been far greater had nn! vast sums expended fur Improvements and new equipment been charged to operating oxpen.-es. The books show J I . . oo. oi n to have been expended during this period for maintenance and equipment and charged to .operating expenses. How much of this was for betterments and equipment 1 am unable to say. Tho true earnings are. therefore, many mil lions more than the hooks of the com pany show them to be. "After spending vast sums for bet terment and equipment, the creation of renewal funds, and dividends on its preferred stock it had n June 30, 1007, a surplus of J29.onrwiiiii. Its earnings for 1907 were as follows; Income from ..operation . $I5,S72.S3.93 Income from other sources. l,2o4.3ti-.3 1 On the subject of land grants Lowell uine and will be good for delivery an was equally emphatic. He said that soon as the clerical errors are corrected, the land grants are like the trail of a "Meanwhile, we have made arrange- I serpent and that unless the govern ments with those who have bought ment succeeds In legal action to compel svocks irom us io aeiiver tnem in tne ineir saie 10 me peopm n- uusnunj Dear future, or have borrowed stocks i contemplated ana made delivery in that way Total Int., rents and taxes.... . $7,1 77. 36ii. 24 . 1,383.572.04 Net Income $5,703,784.20 111 v. on preferred slock.... 440,000.00 This is probabl v the largest emigration from i tie point to a western state since the davs of tho old Oregon trail, and will bring a particularly desirable class of farmers and residents Into southern ( iregon Several years ago, in 1903 to be ex act, Mr. and Mrs. Claes W. Anderson squatted on timbered land In Coos coun ty. Mr. Anderson had 160 acres, Mrs. Anderson took 80 and was satisfied. Later there was a little dispute In the Information of the proposed move- , Mr An(Wnin ,har ment reached the uiamuor or coranierre - this week through a letter from Henry ' duds together and hiked over into the I Wallace of Clayton, Adams county, I state of Washington. While there she Illinois, who asked for additional In- . ,,. - ... . . formation regarding the military road ot a divorce from Mr. Anderson. Mr. grant and said thai over 1.000 families I Anderson didn't seem to care about the from Adams and neighboring counties j divorce a bit. had completed all their arrangements After a while, however, one or the to come to Oregon this year. other of the two repented. Perhaps I they both did. Anyway, there were a .T-, t-,-, tirvT''l Tr'TO few letters written. Then Mrs. An- UJlhM iHUKLrjlo . I derson hiked back to Coos county and ' tt .. nn rn 1ATMr 1 -TT i tC1 her llttle S0 acrps of land- n,i T G RE T DEM NT) ' Mr- Anderson's shantv. Along about i iinu.ii j'ijji. i' Uils tlme tho prealdent marle fore8t , reserve in this part of Coos county Demand for the new booklets on : which Included land on which the An Oregon published by tho Portland Chr.m- ! dersons had squatted. The Anderson's ber 'of Commerce has been so great that i claims are being contested. Mr. and the chamber has had to cut down the I Mrs. Andersqri are still living there, dl number of books that can be given any I vorced, though, but ns happy, it Is one firm This morning A. M. Cleland, said, or happier, than ever before.,, general passenger agent of the Northern .But now Mr. Anderson has more trou Pacific at at. Paul, asked for 2,000 cop- Mes. He says It Is worse than the dl les for distribution through the middle vorce. Says he It will cause him to west wlJbi 5.000 books have been given i worry more This is the feature of the iL ii ,r-tm iinoa for dutrlbiitlnn. story, In fact. It should have been said 1.000 eaclf to the board of trade and ! n the beginning. But If It had be.e it The timber cut Is worth something ! wil I be received the reports of the like $500. The nenaltv for such actions standing- committees. Tomorrow evening as are charged against Mr. Anderson Is Frederick Pnusninn of Seattle will pre a year In jail, or thereabouts, and a, sent a, paper on "Whether Our Laws .$5,863,784.20 J commercial club ami 2.000 to tho land! would have been difficult to bring In so heavy fine. Ar Responsible for the increase of Mo- Thursday will be devoted entirely to much about Mrs. Anderson, the divorce and the return to her former husband. And also the fact that the divorcees are now living together. Here's the meat of the story, at last, honest. United States District Attorney John McCourt filed a complaint in the United States district court this morning charg ing Claes W. Anderson, that's the man, with having unlawfully cut and de stroyed 400.000 feet of government timber. This Is all in the forest re serve. Anderson says he had a right to cut the timber, which Is unusually fine, as he has a prior right to the claim that the president didn't sign the proclama tion making the forest a reserve until long after he had taken up the claim. Mrs. Anderson save that Mr. Anderson is right. '1 he timber was Bold to a sawmill. There are several hundred acres of land In the forest reserve, too. SoiiSt day there will be a coal mine there, maybe. A. R. Clinton, Cecil C. Carter, T. R. Hillings. Q. W. Morris and W. .1 Ander son, who live in rbat neck of the woods. are named as witnesses for tho govern ment 4 Untied TreM I e-d Wirt ) Seattle. Wash.. Aug. 26. With det gates from every state In the union In attendance and before a crowd that packed every corner of the big auditor ium of the New Washington hotel, filled the galleries and lined the speaker's platform, tho thirty-first annual meet ing of the American Kar association whs opened here this morning The important event of the day was the annual address of the president. Judge, J. M. Idcklnson of Chicago. IHi k Iiihoii attacked ruggedly and fearlessly what he considered perilous conditions existing throughout the country, dwell ing at length upon the causes of re cent bitter attacks upon the courts. He called upon the lawyerH to perform their duties u doing their part toward restoring the public confidence In the Judiciary, which ho declared Id rapidly being lost. Dickinson deplored the making of too many laws. He declared that the source of the evil lies In Institutions, which make It possible for young. Inexpe rienced and Incapable men to become legislators. He commended the use of the direct primary, but declared that no form of legislation can work reform until the Individual awakens to a full sense of his duty. He closed his ad dress with an eloquent appeal to law yers. To Make Courts Sespeotea. "The duties of the American lawyer are broad and touch every phase of hu man arrairs," he said, "but In no field of service is there more Imperative de mand for his patriotic efforts than In reserving the independence and Integ rity of the lourts and respect for them as an essential part of our government." The addresses of welcome were de livered bv Mayor Jftlin F. Miller of Seattle for the city, United States Dis trict Judge ('. 1 1. Hanford for the state of Washington and Juoge Frank 8. Dietrich of Idaho for the Pacific coast. One hundred and forty-four new mem bers of the general council were elected, the reports of the secretary and treas urer and the executive committee were read and with these matters disposed of adjournment was taken, with tho decks clear for the real business of hearing the' reports of committee tomorrow. For tonight's session the program In cludes a paper on "National Progression and the Increasing Responsibilities of oal Our National Judiciary," to be presented by Judge C. H. Hanford of the United btates district court, and an address by Edgar H. Farrar of Louisiana on "Tho Extension of Admiralty Jurisdic tion by Judicial Interpretation." Tomorrow morning former United States Senator Oeorge Turner of Wash ington will dellv'er an address and then Balance "Investigation shows the Shanlko denartment of the O. W. P. Co. En branch to have been built for less than j velopes for tho books have been de $12,500 per mile; the Condon branch signed by Acting Secretary Mosessohn j 101 im.unu, me iiioi hock ornneri lor $22,000; the Sumpter Valley for $15,000 The uproar in the press reeardlnar manipulation In the trading of Satur day resulted in a meeting of the govern ors of the exchange last night at which a committee was appointed to ascertain who the offenders were. 6,000 MILE HIRS REACH Lit GRANDE (Special rJigpatctt to The Journal.) La Grande, Or., Aug. 25. Hays and Jackson, the Scottish-American athletes of the Seattle Athletic club, who are walking 6,000 miles In 160 days on a wager of $2,500 reached here to day at noon. They are looking cheery and give no sign of fa tigue. Thev have until Septem ber 4 to reach Beattle. They must not beg on the way. They maintain they have kept close to the requirements. They leave to night for Pendleton. BAKER CITY MAN TAKES OWN LIFE (Special Dlspitrb to The Journal. i -Baker City, Or., Aug. 26. D. M. Dob bins. 25 years of age. shot himself through the heart this morning at thl city. The cause was despondency. He was a brother to K. K. Dobbins, man ager of the liaker City Iron & Supply company. K0RTH BANK ROAD SUITS DISMISSED the people of Oregon should amend their constitution to give the state the right to condemn tne lands under the right of eminent do main, take them over, and sell to the people on fair terms. No Landlordism Wanted. "We must prevent the curse of land lordism in Oregon. said the speaker. "The single tax will come unless alien ownership or our land is wipeu away. If we are quiescent the few will con trol, and the cycle will bring the feudal age again." Colonel Hofer declared that the Wil lamette valley Is Interested In a rail road for Coos bay because It wants a back door to the commerce or mo worm as well as a front door by way of Portland. , Describing Harriman rrom personal observation, he said that the rallway A ! king's face reminds him of a keejn. pol- ! Islied broad-ax. He said that Harriman ! is a man without sentiment, the great- j est business man in the country, alid ' for that reason he should build into A ; Coos bay, where the profits would be T i $10 to $1 as compared with any other I line that , could be built in Oregon. Temporary Organization. The congress effected a temporary or- ganlzatlon last night, with Judge John H. Scott of Salem as president, and Walter Lynn of Marshneld as secretary. . I A committee of seven on resolutions I consists of Governor Chamberlain. ! Judge Lowell, William Orims. F. H. j Clarke, P. W. Johnson, K. Hofer and j Senator Chase. The committee on per j manent organization will report lit the closing session tonight. At the meet- j lng this morning. Chairman Scott Hpoke on the good roads government, touch ing the need of legislative act Ion ami general highway improvements. He announced that lie will return later to organize the good roads government at Cobs bay, where a special meeting will be called. Resolutions adopted favor the bulld . ing ol permanent state and county htgh ; ways and the imposition of taxes, wher i ever possible on Ijie big land grants 'and alien-owned lands to construct them. ! State Railroad Commissioner Oswald West made an Interesting address. In which he presented statistics bearing on railway development. i 'iovemor Chajnberlaln left Marshfield on the Alliance this mornlr.g In order to attend the n fMU at Astoria. of the Chamber of Commerce and should prove of particular value in advertis ing the state because the .word Oregon, printed In large letters, is the biggest word that can possibly be placed on the envelope and attracts the attention as soon as the envelope is seen. and the Corvallis & Eastern for about $20,000 per mile, or an average of about $1 7,000 per mile. As these roads traverse a country similar to that lead ing into central Oregon and Coos Hay it gives one a good Idea as to the prob able cost of these new roads. "It Is about 300 miles from Natron or Detroit to the eastern boundary of the state, and a road at $17,000 per mile, would coat a llttle over $5,000,000 or less than th amount thrown into the surplus for the year 1907 by the O. R & N. company after paying all oper- ind., purchased yesterday the Property , f ul ''' to ronstruct a line of railway atlng and other expenses. Interest on on EaSt Morrison street, near Union -""struct a line oi ran ay INDIANA MAN BUYS EAST .SIDE PROPERTY - Major W P Gould, of Vlncnnnes, MAYOR LANE READY TO SUE UNITED RAILWAYS The T'nlted Railways company will either, have to rY thn city $100,000 for bonds and a dividend of four per cent!ftvenue. occupied by the Donnelly Hard- between Portland and Salem or stand on preferred stock We have t ware company. The nronertv formerly suit noon the matter. This was made said nothine- about the i,i..r,o t n naiv onH T TeViAH ! . . ... earnings of the Southern "Pacific com- entbat n wm sold for T.b.000. The ' T, r "e.T h, pany. The Southern Pacific earnings i DU,WnK improvements on the property i Mavor Lane to tho council In which reported are for the entire system and , consgt of a three-story frame, which I he asked the councilman to authorize omn .k ; 1 ,s i, a iciii.h iui loouca a. ion hm to Institute suit to recover. tne a,ih. tj i . , return on me purcnase price. system abounts to imoo 0111.C. , , . . . . ... iii. r-i.,1,1 ( moli Imnraaon . UlOIiey WlllCn IS KUHIUHLOtU uy lOO uuin- ahout $5.77(T per mile or about $1,460 .t,v, ih. livrnitnirM offered bv Plirt-I nnnv with a bond. invest- Th comnnnv was riven a franchise return to ,,v luiii; nnH n treed to have its ?eri'e llf tha" the 9reon "allroi7d i land for profitable real estate fhiJ'if11"", r!?Tn.Ra"' a. liV'lf3 ."iments. that he has decided to n this state and in view of this It will not be unfair to assume that the Southern Pac ific earnings In Oregon aro as much per mile as they are for the entire system. With 666 miles of line earnings In this state for the year would amount to over J3.S00.000 anrl nfter paying Interest on bonds and a dividend" on tne jl'4,ooo.OOO watered stock there would still be a surplus of $2,300,000 or nearly enough to build a railroad to Coos Ray. "A comparison of a few figures for the years 1 SK7 and 1307 may be of inter est to show how traffic and earnlngi have Increased during the past 20 years. The O. R. & N. Co. will he. taken as an example: 1 887. 1907. Pas s e n g e r earnings . .S 73 4.061 fifi t a 764 SKfi r, Freight .... 3,ir, 9.5x8.3 1 8, 946, 604. 90 All sources.. S.JM.C92.37 14.147.177.80 -Vet earnings ,uO,3i4.40 5,793.784.20 Freight car ried (torisi 600.102 Indiana, close up his business affairs , 1)nes ln operation within two years. The in that state, and with nis raniuy come tlmR has .,assed and the line is not fin back to foruana ana maun n ins iu ture home. -e JUDGE REDUCES EXECUTOR'S BOND Ished, and ln fact the company has diverted its efforts to building a line to HUlsboro. To guarantee the Salem line a bond of $100,000 was deposited with the city, and which City Attorney Kavanaugh recently declared forfeited. In order taaffcWect the money suit will be necessary unless the company volun- . . ; tarilv pays the amount or tne bona. Judge Webster this morning granted t js Had, n will not do. Acting a motion on behalf of Mrs. Hansen, ad- ; ,, 'thi presumption Mayor Lane has ministratrlx of the estate of William j .lS(e(j authority to proceed with the suit M. Ayres, to reouce her bond from !n tho following message to the council : $8,000 to $1,000. A. Iv i.oiinardt. attor- .., am informed by J. P. Kavanaugh, ent convention business nnd the feature of Friday morning's session will be the efrritUL of officers. Arnvrng the men of note who are ex pected to deliver addresses before the association proper or before some of the sectional meetings are President Duvld Starr Jordan of Leland Stanford Jr. university Judge Simeon E. Bald win of Connecticut. Oeorge W. Kerch wev of Columbia' Law .school, Andrew A. Bruce of the University of North 'Uakota, Robert S. Taylor of Indiana. 'Wallace R. Lane of Iowa and Karl von of railway to the city ef Salem, Oregon,.' Lewinskl. .iw eminent Oermun lawyer. - .i. . . . . , . One of the most Important matters within the time agreed upon, and that wh wr, ,,"," "on jidered at the meet In consequence It has forfeited a bond ,,gs wj he the report of th especial given by it to the city in the sum of commltco appointed by the convention at t'ort ana ust vear io suggest leuie- $100,000. "I am also informed by him that suit may be ordered entered upon by the city for an enforcement of the terms of the contract or a forfeiture of the bond dies and draft proposed laws to pic vent delay and unnecessary cost in liti gation. This report, which undoubted ly will be followed by a long and lively r ... ,, , oiscussion. opens witn a siaieinoni inai br lVJ,ht' Ml T!". V'. HV. 'r the existing evil which seems most seri- or by joint action from both the legls latlve and executive beads of the city government. " "If it Is deemed advisable to enforce payment upon tills bond 1 would re spectfully suggest thnt inasmuch as th mayor was authorized by your honor able body to outer Into the contract and accept the bond, thus making a joint action of the affair ln the first Instati ous to the committee is ine disposition In many Jurisdictions to dispose of ap peals or writs of error, both in eill and criminal cases, upon technical grounds, and not to decide them upon the mer its The unrestricted right to n writ of error in criminal cases is rbaractei ized by the committee as a flagrant abu.-n in judicial procedure. ''These writs it wouia in my opinion oe out n sarn'n,. ,,.! ,i,i , ,.o,wt , i UH.i procedure for the city to again follow out on)v for (1,.jHv. Tho punishment of the same course and trio city council ,,,,inri,',- ,.,i,i,;i. Hum u ,-,o,t-i,i i aumorize inn mayor io enmr upon a heinar nosttioned Hutt to collect the moneys due unnn said bond. "By doing this all parties connected with the city government would be parties to the suit and no question could arise as to whether the proper authority had been invoked In the in violation of everv principle of Justice. 'This is especially flagrant in the suing out of ,viits of error from the .supreme court of the I'nlted States to review the decision of the highest courts of criminal jurisdic tion in the several states. Wo recom mend that no writ of error returnable ney for the administratrix stated thatr)lV .ttorriBV. that the United Railways issue. I therefore respectfully ask that i in rrimin.i ease m 'th. snnr.n.i. -t . I KnH f t a nt nnn .iiralu ; . - .. . .,,,,., ,. .. .i. l . . - - -,. . has ratiea to ruirui us con- you lane such steps us aje necessary , of the United States should be allowed .1 1 .1 I 1 n X" .1 I .wi 1 C,.At.r me uiu uuiiu oi um iinni'iini 'oomnftnv company had expired. I he appraised t t jth thllJ clty to complete Its line I to this end." value o the estate, he said. Is $16. 24, .,0 1 .,. and tile total claims against It. exclu 3,442.651 ing about the increased cost of slve of interest, amount to $17,295.63 There are now on hand cash assets amounting to $4,645.84, but the admin istratrix desfres to pay Hie money out as soon as possible as a dividend upon tha rlainia flfrulitut the estate Th ! I "". '.' I 1udge approved the request of the ad- Ihe railroads are continually howl inera lion, i neir reports ftiow that tho aver- i", ,C,, .' '.. . I HITf, , V riinn.,ii.lliin il,l all m 1 1 " 1 ' . ' -"7 l-'''"Vc" Dloves .excludl.-- K....ep'l nVfleel In 1 891 1 Py of I . a.1 once .the rla.1P1 r tllp - JANITOR FORGETS TO WORK DURING SCHOOL VACATION-JOB IS VACANT to the same class of amounting to $r,49.70. He also or. 7 Certalnmc!asses the surety company released fron ward Holman Undertaking bond The two suits Of the Spokane. Port land Seattle Railway company agmr.st the Northern Pacific Terminal company for condemnation of right of v through the yards of the latter com pany nave been dismissed In the stale circuit eourt, on account of tie f.,rt - It fs stated, that the plaintiff rr.ratunv hss" decided to enter Portland 7n . r other property. The suits were filed Augi.s: l. :;.( The Spokane, Portland a- s. an the first suit asked the cert r, troct ths lurjr to estimate the .Un -the plaintiff should pay t,e d. r. .j..,.. com pan r In case It shouii ,,z- a trip of land 44 feet w4d from Sco, teenth and Vaughn street. v r ,,, .-. street la North Portland 'In . r : ult was for condemnst.on ? : ., joining this strip. Tha defendant company. .1 wer, contended that It j -.v1 , t:r )nd for its tracks and a,,! tie ;d - - lift could fo around to the mrr to , -its tennlnua The defendant .- tip tha claim that the plslntir. tr, t n j. Ins; Its line from Pesttle to Sp"kir, -4 rlolatlns: the Sherman :n. ct. betnjt Inoorporat'd by the .Northern J-acifla' and the Ort Northern r,pr- tin- ostensibly as separate cortir tloas. all hough tneir rick owned OSWALD WEST ON 0RE(iOX RAILROADS iHrrlnl PlFpatb t' Th Jeumul I Marshfield, Or., Auc it - n of the mr.pt Instructive addresses of the' pres et:! development eocgress was that de livered by Oswald West of the Oregon r!l!oal commission, who took for his ti r-r.e Htrrlmari orpcon polio- was $2 n 1 no compensation pn hi em il(u ,"i w is $2.2 employes nt,. receiving better pav. but otlurs are receiving less. "Th. aveiaipi percentage of operating V A 7 1 IROS K' Y MY GET expenses to operating Income for a 11 ! Jl ' Kij 1 ' n ' ,n lx 1 AL' 1 ,Ujl roads In the Lnlted States is about 66 per cm:. On "the O. It. & N. for 1907 the percentage was only 63 per cent and on the en; he Southern Pacific system only f.?.fi per cent. And all this in the face of enormous expenditure for bet terments ami equipment, all of which hai been charged to operating ex penses, otherwise the percentage of company. lereil om Its The school board has been conducting an investigation of Janitors durjng the summer months ln an effort to find out how the Janitors spend their time while TIME ON WATCH DEAL rtra""nfi a"d ::""lU?f-J;- " - I from the Portsmouth school this morn Samuel Mazurosky, proprietor of the ing Eastman was reported by Special; National Jewelry company. 242 Ilirn- officer White as not attending to his side street, was arrested yesterday for duties and the board at once declared keeping his store open on Sunday. He the position vacant. was released on $0n ball and will be i.-ictmnn however, has his warrant operating expenses to operating Income,1'" " l. A a W - .U. for his July salary, wnicn win De aue in would have been much lower. Mr. Har- I deputy district Attorney Page this 8t!Verai dayai and the board ordered pay riman has no complaint to make as to I morning read the JeweUr a severe lec- mcnt withhMd. the cost of operating his Oregon lines I ture oulflde the courtroom Complaints According to the report of Officer! 'While the records show the Harri- ! are colnf,,t0 u ",.thlHl,S i1 I White. Kaslman has been In the school I man lines to be among the best, if not "re swindling people rig ht and left , . . th. i,. ..,, , -ji. i .I,. I'.ii.j down there. Where there Is so much I going to prosecute you Just as hard as I can every time you can be arrested.'' he declared. Mazurosky's denial was very feeble. Three separate complaints were made to the police Saturday night bv men who declared Mazurosky had defrauded them on watch deals. Similar com plains are made almost weekly. that Oregon bv Harriman Interests has also show He at r. ow ,-d by th f.g-ires he rhat the Harriman had j I107 State.", the domln.iteil bu' 4.' ii s of railroad per lo.noo In hab!t;i!.ts w h:le Montana and the I in -km e ithai ks to .Mr. llilli have an average of : on miles of road per 10.0'"J Iriiinhoants The people of f iregon have all these renin ien the railroads the beM of It Until the law treating the present rall-rn.-ol com mission wa passed they had been f:-e to eniuluct their business and fix th'it i '.argi-s an they aw fit lhi-1 tfje-- been fair In their dealings with th public, th railroad conim lesion act of unless a Justice of that court shall cer tify that there Is probable cause to be lieve that tho defendant was unjustly convicted." In support of this recommendation the report of the committee quotes an address of Andrew 1. White. In which he stated that while murders were In creasing rapidly, yet the procedure against tnem was becoming more ami morn ineffective, and in the light of recent cases in New York and else where was seen to be a farce, adding that he favored preventing anneals based on mere technical matters ,and upon errors of trial Judges in trifling matters of procedure and the like which building but very llttle during the time since the schools closed for the sum mer vacation, and White was sent to the school to learn Just how much time I have nothing to do with tho question of he gave to the city while drawing sal- gut it or innocence ary. White reported that Eastman was ' not present very often. Other Janitors are being watched and ft..ts .expected that changes In the force may be made by the board. Inquiry was made by several members of the board as to the conduct of certain Janitors. but White reported that In all other cases where he has visited the Janitors were present attending to their duties. These men will be watched, however, and any found derelict ln their duties will be dismissed. CIRCUS DAY MEANS LONG HOURS FOR MEMBERS OF POLICE FORCE DEMAND LOIVER TELEPHONE TOILS REPORT THAT JAP wouM lu vor have bfn L-aM?od. Sfp1 on t' avrRr at shout Jejuni per n.!:, anil ?ii' 1n-ln.T-1 dpot p ro ii i,1- a tvI r"U ini-M'-ck For t Urn 0, 1 . . thMr net r:aye1 a remarkable knowledge of thejalit n;- rmo ,,. r miie fjite,',- f,w "'"O o o- lc...-ifv Miir. Kav KbH I.oIiK,. htr.d : a 1 ea n ed In Oregon an.i tow th e-arnlngi were spent in other state. v ,.w tf e po!ic- praitice.l by the ijii,.u iiin"i " " i-.j-.iwh year eid'n t Itched right Info his subleet and dls The visit of a circus to the city means Fttia work for every member of the po- TREATY HAS FAILED department, and though nearly ev- i erv nollceman has a chance to see the show, there would be no sorrowing In the police station If a circus never came to town Knding yesterday's work St midnight, the members of the first night relief reported for duty along the line of march of the circus parade St .I0 this morning This afternoon helf of this it Just 4'i run sgo thit work strt-1 on Oreson s flrft railroad," id Mr V st ""Twenty yesrs later It co-.intv assessor have had enouifh to raise the assessment, with tl'e re. ult that In some of the coun ties the railroads lire only dedans inn in or-rsi'-Mi rrr, , rni,-oi roan . fct0,lt ore hmlt of tri,lr ,ase, in other or't1 hy sxen different companies ',,,,,.. . .....t i. ..m a f-lb.r "Northern Uarlfle II rnll ..'tt I. Ine KM miles. O R 47 A X On lrosiv low The people of vh state want the rpilroai to have fair treat ment in th. matter cf tain'iori. and A W i n ' ' w ' iaiirc-n-1. i'ii!ir, want to tb-m make rr.nnev. but ' '"mniUI railliBT. IIH miles ;o,v 4tr...rl .r. .nlnr l .l...4 iiiy, ?1 miles: W V a'.c.ni ,r.tm.n in r.. C.i,t t,llr1. $ I re-lies, total. 1.212.41 i -r...-,, ..a. i:.,. . ,. Is up to Mr. Harriman to build them. I H hen for jeara milked this state to build rllr-ed In other states The railroad commission rn account of the Washington. Aug. 15. Attempts are being made today to verify a report that leaked out of diplomatic circles yester day to tr," effect that all efforts to efTc an immigration treaty between the United Stales and Japan have failed ! The statement was made hy a visitor to Washington who g thoroughly con versant with affairs in the far eaut after conference with a member f the state department. , The pmxlmlty of th national election i end the dipoitlon shown to make thei Japanese question s political Issue on ' the I'acifie coast have prompted the tit- most secrecy r'gardlna Japanese af- I fa !'? here and It Is lard to determine j the present attitude of the government. ' With the completion of a direct rail j route between Portland and Iewlston. Idaho, over the new Iewlston cut-off of the . H. & N . Uewlston merchants are demanding a better telephone service between Uewlston and Portland and a fairer rate In competition with the Icwiston-Spokane service. The board of governors of the commercial club took the matter tip at Its meeting this noon end an effort will be made to have the telephone company reduce the Portland-Ijcwiston rates Since the completion of the new cut- th business done by Iewlston has more than doubled CALL OF THE SAWDUST RING GAVE STRENGTH TO HIS. PLEA r tha same pertona The defendant ml;s e-orrpSTT Baked to be awarded II ,& I "A nurxbr of these roads were at that l4inif la rase tbe fret suit should be j 'me in the co.iree of construction and !flill la- far of the plalntltT and I Prrar ." rrim wer added during tbe tt.n ev m rM in- rposana. f-or and 4V i - " "", '""t . r rv mti with , r.nt flnsnnal fi.irrv. he hesitated st t-eattls ais om the ecnd salt 1' MfTf!"i of the 5 -i1l-s nwti, btu'ting too de.r tito tb. rlnad earn- , ' ' - I" northern Pncif'- lnr-. pae4 1 b-,t th. ,,srr Is r ow ,,t ard tVranarT State ueaf ; -7- - , . L . mrrmnn and , hietnr i reovrtn. and unle M - f- , r . w , .m ppiii, ,.. i., , i ,ja n i. i urt ner . t - and central Orfgon linen th-e is nora " "-'I r IIU.U ?r..A I I .r. Fernando Asrls. a native of Chile, ts TO INSPECT TRACK1 h"rpT ,"ir so of a well to do merchant of Chile, hut the ..orth American brands of liq uet hie tra4n aflra H hs spent I 'i"' parsing irto riJ-aH further -: ii, ..... iIk, m. -: t,. ..j. . .. t mi.r4 l Us Wy t I fnlop rji. pmrti-a ly inwl as 1rUnil rnttll Oriinn lltin thr. 1,'nA ru. n.. .ini. TU. T j-,, etT-ct on fcts lines should not be re-1 shown all the places of interest wtilch aueed." j he desltVs to visit whlls her. i!nri sa.ews: Re-let. I tlwa were till mlls of road tnctar rvitii t'a.ea, there are 2.S&0 m!ls. or as Increaa f r B Tardrll of the Seattl chamber rf oornmcne and the head of the Se- ' uor altlA Raring aavnclation will arrive lnpea'lT every day of th last nine month i eriuin i Tomorrow mornirg to visit tne tn the rltv Jail. Ir io socnr fhiim r. tiew fit of the Country club on th eautleerve out his time thiin the whiskey rravlrg would set him on tbe downward path araln In tall Fernando Is the most trmctahlo ef prlponert end works as a trusty splitting weod aad c leaning tbe, polio relief Is on duty at the circus ground, and thin evening they will have thelr regular beats to walk. Th day relief under Captain Moore off will be continuously on du;v until 6:45 with Portland thi evening, when the second night and much of the trade that ppokane relief men. whose usual hour for com- formerly enioyed with the I.ewlston menclr.g work la ll:Sn p m., lll take district has lwen diverted to Portland, their rlaeee After tbe circus In over The rates charged by the Pacific Ptates and th rest of the city safely put to Telephone Telegraph company are de bed, these second night patrolmen will rlared excessive however, and an Im walk the streets until 7.15 tomorrow pediment to more complete business re morning. latlons htween Portland and the north- . ern Idaho metropolis. I In a letter received ny the Portland i Commercial club from J A Cook. sc j retary of tbe Iwlston Commercial club and In mhlch the assistance of the former organization Is asKel In securing s reduction of tbe Vatcs It is claimed that the present rates between Hpokane and I-alston are half what they are between Portland and lvewls ton The present Port land-lew Iston rate Is $1 for the first minute and 29 cents for evry additional minute. The Ppokane tt Is iO cr u for tbe first minute sn 1ft cents for each additional minute The Commercial club Is going to try and have the Portland rate r- . , .1 ln ' - Mftta 9nr f Ira Ml.... m Off toJav. S few,.-. 50 ,n,. fr.r Men ..Utlon.l rln. sentence expired. In . I-t Out on Bail. MIHe Brink nd Myrtle Tlllla-wi to women vli.is manners a re said to he more affable than moral, were released from the ewiaty tail rterdr txr soon fn bonds They wlil ret ara la a few days for tria. - His dsn-r lies out- ststlon erery day sioe. Femsndo once worked with a rlrena and learning of the sppmarh of Hartium palley's show. pfeadM with Judse ' in znt to let r't dars before his . oraer tnst h might olr, the snow snd get hark to the lite of the sawdirst ring again. Before leaving for Pesttle last evsrt Inr Judge-Van 2an -ranted Fernando s reest and he left the tall, hls onlv home tn Portland, af'er Wddlnf aa a fectlonate fareweil ail aroaad.