RIVER JEMS TO HAVE fJO BOM 'Enjrineprs , Replacing Hay ; Creek ' Railway Bridge Find BedV Stream Has Dropped Out and Only ' Quicksand Remains. . Engineer replaclnr th- Hay : 'cfe fridge on th . O. R. -&. N between Kl parla and La Crosse, idaW, which was .washed out' early In the!ir; bytha - flood,' hava found that- the rivfer appar- . sntly has no' bottom.:1 What formerly' was a solid -clay .rlvsr bsd has entirely, .'disappeared' sine the coming- of high water and Instead -these ia a bed of quicksand of 'unknown depth. . . 1; Hay creek, 'Whefe It Is crossed by. the , O. K Morons through a -ncrrow 'trot, lb feet deep with sides -that are nearly If not quite perpendicular x The old . brldRe was about ,40 feet ; above . the water at a normal level.'; Since the flood, t the . construction crew has been at ' tempting to -replace sthe old trestle with , new piling,' but Instead of driving- down , Into a clay and gravel bed as was the vcas prior to the flood, the crew foend an apparently bottomless' bed of quick sand. Plftv feet . Dlllnar Is now heln oriven into ine creeK to sustain ins new bridge that ia under oonstruction. The O. R. & N. Is now open along its entire line excepting for a 15-mile wash out along Wild Horsa creek between Penedlton and Adams, a washout be tween Walla Walla . and Starbuck. In cluding the Dayton branch, and the en tire Connell-La Crosse line, which will be out of service for a month at leant The Hay creek bridge between Rl paria and La Crosse, it is hoped, will be fixed by this jtnornlng so that trains will aet through '' without any additional . transfers at that point. The blockade caused ' by the derail ment of train No. i on the North Bank yesterday morning was raised last even ing and the train that left Portland for Spokane yesterday afternoon will, it Is expected, get through to Spokane wltb- , out the necessity for transfer or delay. Kngineer McLain, of No. I, who was K scalded by the breaking of a steam pipe when the engine left the track, was ; taken to . Portland yesterday afternoon. , , He was not seriously burned. . ! - Conditions , on the Southern Pacific and the main line of the O. R. & N. have not changed since yesterday morning, ' ..and trains are. getting through slightly behind time. Two extra accommodation trains were run -to Vancouver by the North, Bank last evening for, Saturday night shop pers. With the resumption of service , by the ferry today It ia probable the . suburban service on the North Bank . will be dropped. The ferry was operated . yesterday afternoon, although there was some floating ice in the river. i4SHE CAN HAVE DIYOKCE, TOO" (Continued from Paga One.) Ruth declared she wanted six more, but the husband feared such a family would be too large f of , a struggling artist. This is the. only serioua disagreement they ever had. It was 1n Denver about two years ago that Ku til's health broke down. She be csme neurasthenic, would not keep a "servant, feared she was being followed by people hired to poison-, her, and for six weeks would not eat a mouthful of f food, unless cooked by her- husband. I seemed to Be Two Sutha. Mr. and Mrs. Bryan were consulted ; and wanted to put Ruth into a sanl ' tarium but could not do so without the husband s authority, and Leavltt re- fused. Finally 'Ruth herself asked him ; for it and he wrote a letter to William J. Bryan giving permission. He ad dressed the letter to William J. Bryan, . 'Dear Sir." f ' Leavitfs friends assert that 18 months 'ago Mrs. Leavitts entire nature ' changed, as it seemed to them. Since : then there have been virtually two - women in her one, the same Ruth who : won her painter husband and loving him passionately, the other a woman coldly i careless of him. rr From London Mrs. Leavltt wrote once .to her husband a strange letter in which 1 appears nothing; but a long account of how a co-passenger on the steamer had . stopped smoking cigarettes. Leavltt ' telegraphed back he was coming to Ion ' don and asked for news of the children. Her telegraphed reply was: 8 YEARS . IN 2 Years In the Leading Colleges and Hospitals of Europe Quaker Maid Rye ii , a j.ji Tk... r..u M.J.I. . II I II I I "TfiR Whisker , h . 'J&Olsf?ii I with a KlUl0 I I X ' J- 1 wMtr At mn. ntt. Ml i III I , V" I - tto " sows. ' . . 01 Hi . KKCriTKTJ H1GHT.BT AWARD AT HI - I P f T W.tlrt'i F1r. ISM: rsrts Pbfs Wno aad 1 1 I L . . IBdlitMAl VAIhltlM 1M. iMhaftilnark ' -1 111 BxiMMiiiom. PorUauL'oreaoa, M0 1 lill S. HPSCH & CO. ICansasCitytMoe THE GASOLINE l ,1 $,4m 'WWII?" COMlNArriO HA J: - Officials of' the Southern Pacific who have oeen figuring on tiie best type of car to place on the west side branoh of the road have about decided that the McKeen gasoline motor car, in use on i several branches of the Harriman system, ' will prove the most effective form of transportation for this line. A number of these speedy motors, cap able of making a mile a minute, will probably be placed on . the Fourth street west side line . as soon an the Wills burg cuttoff is completed and the steam trains are transferred to the cutoff. When the Southern Pacific agreed to remove its steam trains from Fourth street it had no intention of giving up its right of way and the question arose whether to electrify the road or place motor cars on It. The success that th,e "Meet me in Dover . tonight or you will never see me again." There was neither train nor boat that night but Leavltt reached London next day and Ruth rushed into his arms. Bad to Help to Sleet Father.' When In London Leavltt many times urged her to- come to Paris but Kuth refused. During the. presidential campaign she wrote: "Well, I simply can't come to Paris, much as I would like to do so. I have to carry three or four states for father." Leavltt's friends tell this anecdote of Ruth's business qualities: A New York editor telesrraDhed Lea vltt asking for a simple piece of infor mation, num-received tne telegram and answered: "Send a thousand dollars and you'll get it" AS a letter writer Ruth was varied ana interesting. Her letters to her hus band would fill a volume. Leavltt la livlnr ouletlv In Pari with his. mother. His attitude from the be ginning or tne trouble lias been one of reticence and dignity. He has engaged no attorney and will not defend the case. LEGISLATURE ' MUST GIVE TIME - (Continued from Page One.) poptponed the putting Into effect of this plan at different times, the 'last postponement being until 1913, and now the supreme court decrees that it can never be used. In rhort, Oregon Is left without a valid system of apportionment of state taxes. The time is dangerously near when the collection Is required by law. The only fortunate phase of the situa tion is that the lesisiuture ia In nrsBion and the tax experts of the state, by, puiiing meir neaas togeiner, -may de vise some method of legal collection before the year is out, though It would seem impossible to avoid months of delay and a period of disastrous un certainty and confusion. Frederick W. Mulkey, former head of PORTLAND OREGON SUNDAY: JOURNAL. PORTLAND, SUNDAY CARS FOR" FOURTH. STREET - N LPA5c5tKGE.' MJP "WaGGX& WOTOR CAR. McKeen cars have had elsewhere has worked strongly in their favor. Thev are built bv the Harriman system in its Omaha 'shops and are designed to be operated in conjunction h.m clean; service, supplementing the latter through interurban districts. There are nine of these motor services on the Harriman system at present and the Portland system will be the tenth. The cars are traveling about 6000 miles a month undef the present routes. The type that will be used in Port land, according to present plans, is a 70 foot car with baggage, express, mail and passenger accommodations. Each car will seat 69 people. The cars are constructed of steel and are of peculiar build and appearance. They look a little like long racing automoUHes, with the state tax commission, to which he was appointed In 1905, thinks that the only escape Is a return to the old sys tem of a stats board of equalisation. But it will be impossible to have this done for 1909 taxes, and one of two alternatives seem inevitable.. One would be to determine the - sronortlon that counties must bear by accepting the valuations of the assessors and the other would be to give up, the Idea-of collecting during the present year and collect for two years in 1010, as may oe done in emergency unaer tne law. - If the former method is pursued, Multnomah county would be placed under a heavy burden, by reason of the ract tnat Assessor Bigier nas put his figures so near the actual values of property, while In other counties the assessment Is said to be as low as 20 per cent of the actual value. In the absence of a state board of equalization, this means that Multnamoh county property would have to pay on a basis of approximately 80 per cent of value, while many other sections would pay only a fraction in proportion. And Mult nomah county, under the system in vogue, pays nearly one third of the total state tax. When Pat la Sffect. It was In 1(01 that the present plan of apportioning state taxes was put in' ef fect. It consisted in averaging the val uation fixed by the assessors for five years previous, and this arbitrary stun. dard has since been adhered to, . Mult nomah s apportionment being a trifle more than 31 per cent of the total state tax. On the basis of present valuations. Multnomah county would hav tn about 40 per cent of the state tax, and its proportion, In the absence of an equalizing body, will therefore be In creased approximately 2i per cent. , Of course city,, county and district taxes are not affected by the tangle over the state payments, except In so far as they may be complicated by refusal : of tax collectors to accept a portion of a property owner's tax without all of it being paid. Payment under protest Will undoubtedly be permitted, but many will doubtless refuse to dsv the mt tax at all, being advised in advance 'by the supreme court that it cannot be col lected legally, and knowing, that If paid, a long delay and. possible litiga tion might result before the state por tion of the tax would be returned. Quotes Provisions. ( In the .Yamhill county case Justice Bean , quoted the constitutional pro vtaiens that are SDDllcable. this belnn- l!rif otv chiefly Tn point: Ti ne legislative assembly shall pro-; vldeby Jaw' for uniform and equal rate of .assessment and taxation, and shall prescribe-such regulations as shall se cure a Just valuation for taxation of all property, both real and personal, ex cepting sucn only for municipal, educa tional, literary, scientific, rella-ious or charitable purposes, as may be specially exempted by law." i ne coun recites tne provisions or the law of 1907. which established the system under which the state Is work ing. It then sets forth the objection made by Yamhill county, on the ground that the law under which the apportion ment was made is unconstitutional and void because the apportionment- was not made on an equal and uniform rate throughout tne state. Then the court says: Uniform -.atsf . "The constitution requires the legis lature to provide for an equal and uni form valuation of property for taxation by public officers, at regular intervals, and an equal and uniform rate of taxa tion upon the basis of sura valuation, until the period arlnes for- making It anew. Perfect uniformity and equality in the valuation of property is unat tainable. Approximation is all that can be had, and, unless the method adopted by law for that puipose Is clearly in adequate to secure-the result the courts cannot Interfere. But the rate of tax ation must be equal and uniform throughout the taxing district, whether state or local."1- After referring to similar constitu tional provisions in Illinois and lndi ana. the court resumes: - "The same provisions would seem to apply to a tax for state purposes, and It is,- therefore, difficult to formulate a;. satisfactory reason why the consti tutions! provisions invoked in the case, renairinc euualltv and .uniformity in the rate of taxation, should not apply to the. state, when It endeavors to raise money -by an exercise of the taxing powers. It Is true the general scheme of assessing and collecting taxes in this state creates the relation of debtor and creditor, between the. county and the state, for the amount of state revenues apportioned to the' counties; to the ex tent that it becomes a liability against tha county for which an action may be maintained, and for which the county mar be charged, whether it collecta the .tax or not" - Further on the court strikes to the milk In the cocoanut when it says: . .-:..-, .,.-.',' Assessed Taluee. '; t'-Y. "It may be and terhap-!s trite that the basis of apportionment of stale . P - 1 ,tT -.i- X ,'f' tapering front ends that decrease the wind resistance and- the consumption of gasoline and with a ytonneau" in ."- imi wim fireumr pji i uuit; win dows which forms the passenger com partment. These windows besides be ing dust proof and giving a complete panoramic view from the interior, en able tne sides of. the car to be used as a deep girder, thus greatly increas ing the strength of the cars. The en trance is through doors in the sfcie. The cars are somewhat lower and broader than the ordinary passenger coach and there Is a special ventilating system that changes the air completely every four minutes. The engine is a 250 horse power gasoline motor and the cost of operation is from 14 to 18 cents per mue. revenue, provided by the act of 1907, is in fact more equitable and Just than if it were made by uniform rate on assessed values throughout the state. But this la not the question. If the constitution requires the apportion ment to be made In a certain way It must be observed, and if such an ap portionment Is unequal and unjust, be cause of the actions of local assessors. provision should be made by law for an equalisatiqn of valuations, as be tween the several countlex for state purposes, so that every citizen will be required to pay his just portion of the state taxes." The remainder of the decision deals with a question pertinent only to the Yamhill county case. To that portion of the decision Justice Eakin dissented, but he joined in the obiter dicta of the court regarding the unconstitution ality of the present system. mwm OLSON BLAMED Coroner's Jury Holds Him Responsible for Dot sen) Wreck. (UsIUid Press leaaed Wire.) Red Cliff, Col., Jan. 23. Engineer Oustav Olson of Rio Grande passenger train No. - S was solely responsible for the head-on collision which occurred be tween his train and eastbound freight No. 6( a week ago last night at Dotsero, which cost 26 lices and injured two score people. The coroner's Jury which Investigated the disaster, after 40 min utes deliberation, this evening returned this veridet: . ' "We find that the Wreck was caused by Kngineer Olson disobeying orders through negligence or some unknown cause." , j Criminal action will not be taken We still have a large, choice stock of Extension Tables, Library Tables, Parlor Ta bles, Chairs, Parlor Suits, Easy Chairs; Bookcases, Buffets, Sideboards Chiffoniers, China Closets, Dressers, Metal Beds, Springs, Mattresses Rugs,' Carpets, . Lino; leums, Stoves,. Hall Trees, etc.' Come into see us before" you buy elsewhere. You will be glad you came. - .. Mdcpcndcntt FiiiriiifiiiFC. Co. ; .-?'; -Q 104-100 first street r Green Front Building, Near Washington Street ' Everything Strictly Cash.- MORNING, JANUARY, 24, f Ml 1U1 iO II GL SALE ENDS SATURDAY NIGHT MOYER against Olson, is the statement made by the authorities. t The testimony given by witnesses completely clears Conductor McCurdy of the passenger train of all blame. It being shown that he realized Instantly when the train new Dy uoisero mat Olsen was at fault and pulled, the emer gency brake cord, which also warned the engineer. Olson Instantly responded to the warning and answered by blow ing a signal with the engine whistle and applied the air brakes. When Olson was warned the train ' was making 60 miles an hour. When the collision oc curred he had reduced the speed to 20 miles an hour and could have come to a complet standstill in less than another minute. Lack of this narrow margin resulted In the terrible disaster. SIDE SLID TO TRACK Men Removing Little Slide Caught by Big One , ' Warning Saves 60. (Uulted Pren Leased TCIre.l Santa Barbara, Cal., Jan. 13. Seven- ty-flv.e feet of earth covers the bodies of William Bradley and three Greeks, who were killed early today when a huge mass of earth on Punta Gorda mountain, 15 miles south of here, slid down on the Southern Pacific railroad tracks, burying a locomotive and work car. The train had conveyed workmen to the scene to clear the tracks after, a small slide late yesterday. A guard had been posted on the mountainside tn rlv wamlnz. This Drecaution nrob- ably saved the lives of iO workmen asleep in the house car when the earth and rock came grinding down the moun tainside. The guard gave warning when he felt the slide start and all but four occupants of the car escaped by plung ing over a enrr into tne sea. ine rour were completely buried under the earth avalanche. Although all the survivors suffered from their plunge, none received any thing worse than bruises. Virginia Republicans, under the lead ership of Representative Slemp. chair man of the state executive committee. are preparing to make a desperate effort to carry the Old Dominion next fall. Although they are divided on the liquor question, tney expect to prom rjy tne troubles that the local option contests make for the dominant party. iOUhTAIN 0 Ifs Up To take advantage of our great Sacrifice Sale. WE ARB GOING OUT OF BUSINESS, and in order to dispose of our stock quickly we wjll sell every article in our store at Less -THiaii Cost All clearance sales, 'rummage sales, half-price sales, discount sales, are nothing when compared to this, our great Going Out of Business Sale " You certainly cannot afford to miss this, opportunity. Never again'will you have a chance to buy your Furniture AT LESS THAN COST PRICES. ' 1909.' m-, -t. OF fl. .fi"V- i-j'Vn XT' X i-vr-? 'i-v:- BAM1CE-PRICES snr-; t THIRD AND OAR FIRST AND YAMHILL SE T.1EAT IM THE VlfJDY TOWN Health- Officer' Says It Goes as Beef at the Cheap Eating Joints. (Hearst Kewi by fxmceat Leased Wlr. Chicago, Jan. 23.--"Look out for horse meat sold as beef," is the warning Is sued today by Dr. Oottonried Koehler, chief food" Inspector for the city in the health department. . Dr. Koehler believes that In half a dozen slauahterina places around Chi cago horses are killed and d sensed and the meat shipped into Chicago and - to foreign ports. Some of it takes the form or corned beer ana some "meat roasts," he charges. i - "In a few days I expect to find some of the proprietors where this meat is sola, said the doctor. i am confident it is used at some of the free lunch counters and Is disposed of by the cheap er class or buicnera. L1I0 TO REST (Speclnl Dlnpstrh to The Journal ) Forest Grove, Or., Jan. 23. William Heltzel. the Banks hopraiser who wai shot Thursday night by Monroe Huber. who afterwards committed suicide, was buried today in the Wllks cemetery at Banks. The Maccabee lodge of Banks, of which the deceased was a member, had charge of the services. The fu neral was largely attended. Mr. Heltacl being held In high esteem here. The body of Huber. the murderer and suicide, was brought to the undertaking establishment of Victor Limber In this city yesterday and will be Interred in the Cornelius cemetery tomorrow. The real reason why Huber shot Heltxel lias not been learned except that when Huber returned to the home of Will Thornburg, the evening of the shooting, he said that he wanted to nut a stop to some of the stories belnK circulated about him. Journal want ads. lc a word. ft Ynn BW R MURDERED T. All i i EEB t JURY CAN'T AGREE IN L.4 GRANDE TEST CAS ' (Special Dispatch to The Journal.) La. Grande, Or., Jan. 28. After spend ing nearly the whole day listening to testimony in the case of the city vs. Charles Anderson, charged with selling ' liquor In violation of the city ordinance, the jury found it impossible to 'agree tonight at 10 o'clock. After the revenue of the city had been cut off aa the result of the local option election, the council passed an ordinance making the sale' of - intoxi cating liquor unlawful in the city lim its. This Is the first case tried by the city. 1 i i Piano Tuning and Repairing Our tuning and repair depart ment has for years been the fin est on the coast, as the great in crease in business will attest. Surrounded, as we are, by a tKroughly trained corps of tyners, polishers arid repair men, the quality of our work has al ways met with enthusiastic apr proval at all hands. Under our annual tuning con tract, thousands of pianos of va rious makes have beep carefully tuned and cared for during the past year. Let us explain to you how our tuning contract at $5.50 a year will save you money, insure you piano always being in ttlne, and, best of all, prevent its depreci ating in value. j i Pri. Ex. 23; phones A2350. i i 353 WASHINGTON ST. This strictly, high - grade Birdseye Maple Dresser has full swell front, French bevel mirror 22x28, just like picture or oval. A dresser which the - trust stores used to sell for $30' the same dresser which - 'we sell regularly for $22.50; We have only a ; few of them left, and we'll .sacrifice them at ' ' - ' . ; $14.50 You have often ' paid as .much or more for a. com- mbn fir or imitation oak Oresser. .' -XVt ::"-':