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 ::"-':