-I i
THE OREGON DAILY . jUUKNAL,"" PORTLAND, TUESDAY. EVENING, - DECEMBER 22, 1908.
3 ,
IS FOR LIGHT
HOT CURRENT
; .1 - - i ' - . v-- . - - -. . ... ,
-, .-!.' v : A.-:
, City Attorney Construes Mu
nicipality's Contract "With
the Electric ' Company- !
,' That Illumination and . not current
as called, for in the clty'a contract with
th' Portland Railway, Light & ; Power
company . Is ; the textv-of an opinion ;tjr
tha city 'attorney ' to ba submitted by
him this morning ' to the lighting com
mittee of the council. ; . .,:-.
Nearly a year ago the light company
obtained permission from the city to
change the type of lamps In use on
the streets. By so doing the corpora
tion was able -to furnish the . same
amount of tight and reduce the cost to
itself by cutting down ths voltage by
tne third. . - rv J - '
The executive board held that- the
city contracted for a certain amount of
ileotrlcity and that when this was not
iunniiai it dhnulrl not ouv the full con
tract price, so the bills sent In for the
at eight fnontns nave oeea inmmeg
y 31 l- per cent. . , .
. Tjiat pari or. me city attorney upiu
lon relating to the' question of whether
the city must pay the full amount of
ths bills or not is given herewith:
f - Text of tas Opinion.,
i "This -tontroversy does not ' relate In :
my oplnloni to the failure to supply,
light of certain intensity and diffusion.
It the contract required tha company
to furnish lights of a certain degree of
brilliancy : and Illuminating standard I
TlXHt oy the CORtraci, in umer wunin,
If less light wai furnished than was
contracted to be supplied, the. question
would be entirely different. But' the
complaint here is that the company did
not consume- the required amount of
piirrsnt ml th . nuostlon of actual "il
lumination is apparently waived. In
the original contract, the company
greed to Install and operate arc lamps,
of so-called 2000 candlepower,' consum
ing 60 volts and 10 amperes of electri
cal energy. A lamp of such capacity
Wss then in use ana was continued mu
der the contrsct without objection as
t the character of light furnished, so
far as the record discloses. Objections
were urged on account of outrages, but
no objection appears to have been made
to the character of light while the arcs
were ..lighter. Then the . change was
made, with the city's consent, to a new
aro of different and improved type, op
erated under a new. system.
Better light mrolshsd.
"Less electricity is actually consumed
by the -arc. but it. appears that a bet
tor light Is furnished. I am not an
expert and do not attempt to determine
the actual saving to the company in
current; but I am advised that this
saving Is.small on account of the waste
of energy in the transforming and rec
tifying processes essential to the new
system. There Is probably considerable
reduction In the cost of maintaining the
system, but the city cannot take advan-
GOMEZ YIELDS
TO PRESSURE
Holds Himself Out as Loyal
to Castro, but Dismisses ,
Castro's 3Ien.
v ; (United Pre Lasud T.)
Port au Spain, Dec - 22. Fearing
revolution against tne present adminis
tration, . Vice President J. Vincente Go
mes has displaced the cablnetof fleers of
rresiaent cipriano uasiro. according io
advices ' received here from- Caracas.
Governmental changes have been ex
pected for some time and for many days
Gomes has resisted the demands of the
enemies of Castro. In self-protection,
however,, he was compelled to yield. -
The moat - important change ta the
succession of General Redulo Olivares
to the post held (by General Diego Fer
ren as minister' of 'war. . General Oli
vares served with distinction in crush
ing th revolution of six years ago. -
Changes have taken place in the de
partments of - education -and - state and
several of the ministers who are at
present in Europe with Castro have been
deposed. . .-.v-... ' - . ' -.-
inc.. nf imnrovements in that respect.
KI am persuaded from a careful con
sideration of the question) and a re
view of -the authorities,, that the courts
will not construe the specifications to
require! the company to consume 60
volts and 10 -amperes of current in each
tiew -e.ro, but that they will construe
this provision of the specification as
relating to the aro then in use. It ap
pears that the present arc cannot be
operated under the quantity and pres
sure of current provided by the specif
cations,' and the city . having consented
to Its use, and the service proving sat
isfactory; it would be . deemed to have
consented to the , use of the current
appropriate to the operation of the new
arc. If the new, aro be -operated to Its
capacity of current. I am of the;onln-
ion that thts would be held a compli
ance wun ma existing contracts.
; - iFrovislon Wot .Important. '
"The - provision in the supplnen tal
contract, that the original contract will
remain in force, except as1 amended or
changed by the' supplemental' contract
is n.ot important. im would follow,
oven if it wer'now, stated ln -tha con.
tract. - It doss not -enlarge or diminish
the liability of either nartv. .
"It, is essential that the- city insist
upon a raitniui compliance with all its
contracts. I have enforced this princi
ple with' uniform insistence and will
continue in that course. It is equally
Important that' the city treat its con
tractors fairly, as suggested by the
lighting committee of the executive
board. It is also important that the
officials be advised of the probable re
sult of contemplated litigation. This
opinion Is based upon the assumption
that the installation of the new arc Im
proved the public lighting service. The
question submitted to me assumes that
condition, and if that be the fact, I am
unable to discover a legal defense to
the bills rendered.
"The committee is, therefore, advised
upon the first question that in my opin
ion the city would fail in- an attempt
to escape payment of the amount de
ducted from the lighting contract, If
the facts be as assummed by this question."
I , , , ' , ' , , , , ,' . , .1 " ' ". " '
1030 Here Framed ricfcrts'
3 values la . hr $1.S
s Victor Talklgg aiachiacs ri
lowest prices la Portland
and ou easy terns
at
UY YOUR GIFTS AT
LIPMAN - WOLFE'S.
A gift fai a box or wrap
ping paper bearing this name is
v dcmbly acceptable. It ; is the
hl"1"81" ; f ' quality y on- dry
goods and kindred lines, as not
able in its way as the word
"sterling" bn sUver. Quality is .
doubly valuable when ' buying
gifts, and the place ' to "find
; quality is at "Portland's most
reputable store." Gifts of sim
, pie elegance and sure appeal.
Hundreds of extra clerks and
widest aisles in town to make
Christmas shopping a pleasure
at Lipman-Wolfc'8. - -
Shop early in the day and shop today thus you will
avoid the worst of the just-before-Christmas rush.
Hundreds oi extra employes and widest aisles make
Lipman-Wolfe's the most satisfactory Xmas store.
' We call especial attention to our superb departments devoted to
Intants Wear, Kimonos, Knitted Shawls. Also the best Jewelry, ; ' (
-Leather and Toilet Sections in Portland, Shoppers will find '
many very unique and pleasing suggestions in these sections .
Xmas sales in all departments. Thousands of price placards call attention
to bargains which would fill a great many pages of advertising in this paper
fli0 Opeim JjjKwi o9CtoeM
Important.
We are selline our drummera' umnlM
of toilet, manicure, shaving and travel-
------ Kaiiuim.a, IJUinrB, wrilllljf
cases, hsnd and rriplicate mirrors, fancy
boxes of writinK Daner. calendars, etc..
at greatly reduced prices.
BANBORW, VAIL. & CO.,
17ft First St. Portland. Or.
FLY WHEEL IS
mm mm
Second Costly Accident Oc
curs at Oregon Lumber
Company's Plant.
(Special Oispntcb to Tt Journil.)
Hood River, Or., Dec. 22. After get
ting the power plant of the' big lumber
mill of the Oregon Lumber company
at Dee In snane to run aealn after the
last accident, the flywheel flew to pieces
when the plant was started up yester
day morning. -The first accident was
of a ximllar nature, and took place but
a few weeks ago, compelling the com
pany to close down, ana, nesiaes entail
ing the cancelling of several rush or
ders, n expenditure of $8000 was neces
sary to install a new wheel. . .
The explosion yesterday was caused
by the' failure of the mechanism that
governs the flow of water Into the eight
foot turbine water whevl to work. This
allowed the water to flow into the wheel
too swiftly, causing the turbine to run
away and revolve the fly wheel so rap
idly that it flew to pieces. Its 10 tons
scattered in alt directions, soma frag
ments being thrown several hundred
feet, across the Hood River. No one
was injured. Tha loss to the company
will be considerable. In addition to the
damage to the machinery it will, of
course, be necessary to close down.
About 10 days ago ths powerhouse
took fire and was onlv saved after a
hard fight. An old mill man attributes
the company's bad luck to the fact that
tne Dlant was started uo on Friday.
The mill was built by Nelse Mocn. a
Norwegian millwright, and it . is said
that he pleaded with th management
not to start the mill on Friday. He
maintained that If the, mill had been
started on some other day its misfor
tunes would have been avoided.
UNION PACIFIC BUYS
LAND AT CENTRA LIA
Centralis, Wash., Dec. 22. A tract of
300 acres owned by August Bewail, one
half mile north of the Centralis city
limits, was today purchased by the
Union Pacific company. The purchase
price was $20,000. The land is near the
junction of the proposed Gray s Har
bor & Puget Bound (Union Pacific)
railroad and the Oregon & Washington
railroad, .the .Union Pacific - line from
Portland to Ta coma
It was rumored today that the Union
Pacific intends to' establish car and re
pair shops here and the purchase is
taken as a confirmation of tire rumor.
The land is level prairie and so situ
ated that a water supply could be se
cured from the gkookumchuck river.
LOSER THREATENS
" LIFE OF BROKER
Anonymous Writer Demands
That Price of Coalition
Be Put Back.
(Uoltrd PrM Leased Wirt.)
San Francisco, Dec. 22. Nathaniel
Boas, a stock broker of this city, today
received an anonymous letter threaten
ing his life unless the price of stock
of the Rawhide coalition was raised to
Its former level. The stock was smashed
last week by a coterie- of New York
shorts assisted bv local men. The mis
sive, which was written in a hand la
boriously disguised, follows:
"Nat Boas, City You are the man
who forced down Coalition now, if you
brinir this stock back to its former
price of $1.60, this coming week, you
do well, ii not, your last days or Hie
are counted. If you believe you can cut
other people's throats by swindle, then
you deserve a bloody , death all right.
(Signed.) REVENGE?
Boas does not regard the missive as a
hoax and has turned it over to the
police. The stock opened this morning
at 65c bid with no shares offered.
BUSINESS MEN WANT
RACING ABOLISHED
(Special Dlipatcb to Tb Journal.)
Butte, Mont.. Dec. 22. The Butte
Business Men's association, at a meet
ing last evening, adopted 4' resolution
favoring the abolishment of all race
track betting, poolrooms and voicing
the association's opposition to long race
meetings. It was resolved that the
Hllver Bow county members of the
state legislature be requested to use
all honorable means to enact such lawaJ
as may be necessary to abolish these
evils. - The association, also fathered a
movement to have the Chicago, Mil
waukee & St. Paul railroad incorporate
"Butte" in its corporate name.
University Will Honor Poc. '
(Special Dltpatrb to Th Journal.)
Charlottesville, Vs., Dec. 22. A num
ber of noted scholars and speakers have
been invited to take part in the exer
cises 4.o be held at the University of
Virginia next month in celebration of
the centennial of the birth of Edgar
Allan Poe. Poe was a student at the
university in 1826 and the records still
in existence show that he distinguished
himself by marked proficiency In Latin
and French and in Italian translation.
He left the Institution before the time
for his graduation, to seek his fortune
as a poet and Journalist.
IIECK BROKEN; i
LIVED 7 DAYS
T. C. Murphy of Ashland,
S. P. Brakeinan, Dies .
at Sacramento. J
Unlted Press Leased Wlr.
Sacramento, ftal., Dec. 22. T. C. Mur
phy. a Southern Pacific brakeman, died
in the railroad hospital here today, af
ter living seven days with broken
neck. He fell from a boxcar at Ash-
land. Or., on December 14, and was
brought to Sacramento December 15 and
lived until an early hour today. Mur
phy's body will be sent . to his home at
Ashland tomorrow.-, . -v --
Insane IJarkeorxy Take Morphine.
(United Pri Ltaaed Wlre.t 1
Redding, Cel., Dec. J2. Carl Wend t,
barkeeper, attempted suicide yesterday
by taking niornhine. He is insane, and
there is no hope of saving his life, ,
Make table reservations for Christmas;
dinner at the Lenox. Third and Main.
' - - :; . - - . - , , -', . -- . - - , - - . - .... ..
B POWERS lft A uTl n iTh n fr. a,. n fin . .. n 7?tn. iHll!
uiMimM mm (dj uBMifflf imp ifleai too ii
The Store That Saves
You Money
SMOKERS' TABLES
Regular $ 9.00 Weathered Oak Smokers' Cabinet $5.95
Regular $14.50 Weathered Oak Smokers' Cabinet $0.05
Regular $12.50 Weathered Oak Smokers' Cabinet $0.65
Regular $ 6.50 .Weathered Oak Smokers'. Cabinet $4.75
POWERS
Dignified Credit for All
Open Evenings ;
Doll's Furniture Set 28c
50c Value
5-piecV Dolls' Furniture Set,
in natural finish, cut is exact
reproduction; this set is well
constructed and finished; a
nice gift for the children.
... . p
No. 283 Golden oak Center Table,
genuine quartered stock used in
construction, just like cut;
value special price
$6.45
mm m
ib nrliMi i i
VI ; Will:
.
Decisiiis
SHAVING CABINETS )
Regular $16.00 Nickel-Plated Adjustable Shav- '
ing Stand, special at ..'v.; ; .$12.00
Regular $12.00 Mahogany Shaving Cabinet, spe
cial : .,.....$10.00
Regular $33.50 Mission Shaving Cabinet, with
triple French plate mirrors, special.'. $25.00
No. 1620 Genuine quarter
sawed oak Buffets in weath
ered finish, two fancy gTass
noors.ana tnree drawers: a
$35 value, special (
at
u i a tt i i j a
$27.50
No 8S6 Quarter-sawed oak
ladies' Desk in golden finish,
full serpentine door front,
roomy writing bed; , a $13
value, , special $895
865 W Quarter-sawed oak
Rocker in golden or weath
ered oak finish, like cut; an
$8 value, special 2Q
No. 550 Music Cabinet in golden
quarter-sawed oak or mahogany fin
ish; worth $y.50, special
only
$6.95
Doll's Furniture Set, 50c VaL 28c
5-piecc Mission Dolls' Furniture Set,
weathered oak finish: exactly like cut:
an inexpensive but enjoyable gift for
the children. .
'1
i
ami mil
We have 200 regular $3 Oil, Paintings,
several different scenes, special
Regular $5.50 Reed Rocker,
rattan seat, roll arms, shellac
finish; special
at
$2.90
Ladies' mahogany Dressing
Table, full serpentine front,
15x30 French bevel plate
mirror; regular value $27.50,
ar.r:... 518.30
Golden oak quarcr-sawcd or,
iahogny finish : Pedestals;
. some 36 inches high - and
some 18 inches high; a very
acceptable gift; a $5 OP
value, special at .
Golden oak Jligh Cliair with
shelf, well con- frt tC
structed; special.... ylD3
Dishes
for ChHstmas
A nice Set ' of Dishes
would please.. In price r r
from $3.75 up.
TKtix&toA We Have Extra Wagons Employed So There
while they last at .....WJC
Wm Be No Delay in CHRISTMAS Deliveries
No. 8121 Quarter-sawed oak Cellar
ettes in golden wax finish; glassware
complete; is worth $30, JOC flft
special at ,,,,vliuU
Quarter-sawed oak Ta
ble in weathered' oak
finish, 6-ft. extension,
non-dividing pedestal
base, exactly like cut;
regular $25 value,
Christmas QC
special 1 vj
S
m
Regular $12.50 Couch hi figured or
plain velour, guaranteed oil tempered
springs
tion;
tit. vciuui, u4i atiicu vi icuii?vicu
ings used in construe- 4Q QC
i; special only . . ....... . .YyJJ
)VAV)
,aw? 'a
No. 1003-Krench belel plate Hall Mir
. ror, 12x20, quarterr.sawed oak frame,
polished or waxed; $9 dt
value, special at; .'. . i.. ".. . .$DHiJ