The Oregon daily journal., August 21, 1909, Page 14, Image 14

14
THE OREGON 1 DAILY JOURNAL PORTLAND. SATURDAY EVENING, AUGUST 21, 1803.
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EVIDEHCE
Deschutes Injunction Taken
Under ' : Advisement by
; Judge Bean After, Intro
duction of Stack of Affi-
daTits and Arguments.
Declsidn aa to the Deschutes Injunc
tion suit brought by the Oregon Trunk
f railroad against the Deschutes Rall-
Iroad company now recta with Judge R.
8. Bean of the federal court. Four day's
i argument by W. W. Cotton for the ue
Ifendant company and Carey & Kerr for
the plaintiff were concluded late -yesterday
afternoon and Judge Bean n
I nounced that ha would take the case
under advisement.' Aa both partlea to
ithe litigation are anxious to push con
struction - worn in tne soutneriy w
miles of the canyon affected by the
suit, a aneedv declKloa la anticfoated.
(In closing his argument for the Iiar
rman Interests yesterday afternoon W.
iXVj Cotton formally summed up hl al
t legations of, fraud against the Oregon
(Trunk by saying, "They declare there ts
no canyon In JJeschutes, then they at
i tempt to take advantage of the canyon
I law. . They take advantage of 4 little
t public sentiment to say that Harriman
Is .blocking railroad construction Into
'central Oregon, when the only purpose
I for which ' the Oregon Trunk was ever
incorporated was to block the construe
'tion of our railroad.' ,
-'; Dramatlo Wind Vpr''i-y -i
' Turning from the court Mr. Cotton
1 .liurled his Indictments straight at the
onnotlnar counsel. Carey & Kerr. Show
ing a fervor unusual to hire he was
: (about to continue, then suddenly Inter-:rtiDt-d
bv savlntr. 'I had better stoD.
I will say something for which X. will
'be sorry if I do not
- The main body of Mr. Cotton's con
'eluding argument was based on the al
legedly illegal survey of the Oregon
(Trunk railroad. Taking up the question
of prior rights he declared ' that as
lAprfl 3. 1906, had seen the first'lncor
,poratlon of the Oregon, and as the Har-
, -riman interests n&a organized worit in
iJeschutea canvon some time nravlouslv
!that the latter should properly be re-
raroea as first in the Held. Mr. cot
jton's was purely a legal argument based
(largely on reference made to decisions
in similar cases.- - - v ..-..
So personal had Mr. Cotton apparent
ly become in his ' charges of. fraud
against the counsel for ... the Oregon
, Trunk railroad that at the close of the
'session,. Judge Carey rose to what he
called a question of personal privilege,
asking the court If It were necessary
, to submit without protest to Mr. Cot,
ton's anathemas. Before . Judge Bean
had a chRnce to reply Mr. Cotton him
self stated that If he had' said things
which were offensive or hurtful to the
reputation' of Judge Carey or Mr. Kerr
that it was done In the heat of argu
ment and was not an expression of his
personal opinion. -..'. f
Following Mr. Cotton's admission yes
terday that the .Southern Extension
Kallroad company, which has rights of i perfect health, though he . need not
w.-iy on tne east bank or uie Descnutes
a tiarnmtn company, juage carey
announced that he will file today ' a
supplementary' complaint to his bill
praying for injunction against the Des
ichutee Railroad company, using Mr.
Cotton's admission as basis for the al
legation that the - Harriman Interest
j have tried to cork up the mouth .of the
(Canyon in such a way that no railroad
'project, -other .than that concerned In
their own Interests, should gain egress.
This week's litigation in the federal
court has concerned Itself with the ap
plication of the Oregon Trunk. Rail
'road company against the. Deschutes
Railroad company to secure an order
'temporarily restraining the latter com
'puny : from continuing construction
Vorlf over some It miles tof a 60 mile
'right of way, where the surveyors' line
of the two railroad coincide and cause
a conflict.- The Harriman restraining
.order relating to points of conflict on
the lower 40 miles of the canyon has
b'et to be argued before the federal
(court. This suit was originally ' filed
jwlth the state court but 'was later re
bnoved to the United States court.
Clown and Rider !n Characteristic Pose,
-a
THE STBANGEB .
WITHIN OUR GATES
. Henry V. Covert, Cedar City, Utah:
f 'A peculiar thing in connection , with
ft he old Mountain Meadow - massacre
lis that where once was a beautiful valley
through which rippled a stream of pure
'mountain water Is now a burning desert
Infested .with ; rattlesnakes,, centipedes,
(tarantulas and other poisonous reptiles.
Superstitious people claim that the
atrocity of the crime committed tberu
was too much Tor nature, and a veri
table hades ia the result." .. ..-
I "There abould be a law eomnelllnc
everyone to light the fly. There are
many people In this world who will not
take the . trouble to prevent flies from
. 'breeding around their kitchen,- and un
less some, strict measures are adopted
the successful fighting of the house fly
lis m tne remote future," said Dr. A. N.
Kellogg, Qulncy, 111.
"Don't paint your house red" said C.
A. Yancey of Hale, Mass., at the Ore
gon today. "Eed paint draws heat, and
for some reason It seems to make the
Tieat more sickening, especially In the
south. - I know no reason for this, but
It is positively true. - I have experi
mented with it for years. Oreen Is the
best color so far as the beat Is con
cerned, but white Is the most healthful
cf aU color."
By George W. Belford, Head of the'Fa-
- tnous Belford Family of -Acrobats,
with- the-Rlna-Iinz Rroe.' Circus.
How long does it take to become an
acroDatT That's a question that is dlf
flcult to answer. Some boya will learn
to be useful in an 'ace in six months;
other boys, might die of old age before
they would be worth paying transporta
tion for. In a word, an acrobat, while
ne may not oe corn, is not made. ,, He
is one bv instinct: he develona.
Any boy who has it in him to become
an acrobat or tumbler had better
make up his mind right off that it Is
not a life of ease. It -is full of hard
work. The three rules are practice.
more practice, still more practice.
r - Health wm Come.
A bOV should not be mora than 10'nr
II years old to start. At that age he
Is limber and lithe. His bones are not
too hard to become accustomed to the
sometimes unnatural positions which he
is zoreea to sssume. lie snouid nave
necessarily have good lungs;' they will
come wnen ne Degine wnrKi-ne -need not
be a Hercules; strength also 'will com
with practice. :
The boys who make the best acrobats
generally, though not always, are coun
try boya . Gvmnaslum . work under a
qualified physical. , trainer will 'do ne
harm, though all of my. boya started a
greenhorns.
.::'';; , r The Tint lessoa. '. '.
The first thins- to learn Is to walk nn
the hands. This Is a common trick of
boyhood, and hundreds of tads are as
much at home on hinds aa on feet. 'The
way-to begin 1 to learn to stand on the
hands. Practice against a wall, or door
until you can stand easily for five min
utes without getting dlssy. - Your, back
should bend backward and the head be
lifted so you can - see -where you are
going. -. - -V.,
When yon have gained strength in the
"It will be a good thing when airship
recome a successful means of naviga
tion," said Milton W. Townsend of Bay
Clty. tVls., at the St. Charles today.
The American people are fast travel
ers. Not enough speed ba yet been
developed to suit them. This is sub
stantiated by the fact that the minute a
in on gets into an automobile be imme
diately becomes a speed maniac. - Can't
blame the man. It's only nature assert
ing himself,".. . ( . , ,
"A few years ago," said Richard P.
TTayhew, Tallahassee, Fla. at the Nor
tonla today, "I had SO cents. I found a
book which said that the power of mind
could be used to bring about any re
sults. I Immediately set my mind on the
fact that I , wanted -to become wealthy.
I;very day I thought Of it, every night I
dreamed cf it. Shortly - I toegan to no
tice a slight change. Every deal I made
resulted greatly In my favor. '. I am in
the real estate business and -when I en
deavor to sell a piece of property I
r.perate my mind to its arreatent r.
anty to induce the customer te buy.
Irent scheme. At least I never 1n
nythtng by It' I have averaged 110,
tt9 a yenr for five years end my pros
j'ects now are brighter than ever." y
Whrat Farmer Bays Lnd.
PneejBl DtoMtre to Tk JnsriKt.l -Ath.
ns. Or, Aug. SI. T.. J. Kirk'has
rnsht 240 acres of choice wheat land
Ir.-Mn the Bonifer estate, on the TTma
t:;w r-eervatlon. Mr. Kirk will build
fine house on the plar end make it
pne f the most desirable ranches on
thi' reservation. . , ,
arms then try a step or two. At first
you will lose" your balance. But keep
on trying. Success may come slowly at
first, but if you stick to It, It will come
surety.
Than the Cartwheel '
' After learning-to walk on the hands,
learn to turn a cartwheel, another com
mon boyhood stunt. Of itself this may
be of little use, but it give ease and
grace and serves to limber up the
muscles. '., y..'
V? ,: Become Clrena Acrobait. ' ;
This is about as- far as you can go by
yourself. If still anxious to become, a
circus man you should join some troupe
of acrobats and place yourself under
the care of the principal member, who
will carry on your physical development
from the place you left off.
The first lesson you will have under
a master will be turning a fllpflap. or
back handspring. This is quite diffi
cult at first There is a knack about It
and to hasten development a mechanic
Is used. '
. CHtss Xte Oosfldsno.
A mechanlo la a derrick. ' with a rnns
nucnoa i uie pupii in sucn a way that
In case he should fall or not land prop
erly be can be lifted from his feet or
caught into the air on the rope. :
Just as soon as the nuntl ),oma n.i
he cannot hurt himself: that it h in
danger he will be guarded, he gains con
fidence. .Then his progress is rapid
The real secret of the somersault which
follows .the : fllpflap Is to "tuck" or
"tuckin";!that is, double up, with arms
clasped around the kneea and legs up
against the chest. This makes one turn
easily In the alr'Dy straightening out
at the proper, moment; - when -the turn
Is' made, one stops turning and will
land on his feet without trouble.
Aorobatics are. healthy. They have
done wonder for me; When I started
in a a lad I was inclined to consume
tlon. Today after 86 years I am In per-
STATE IKEI(GATEi:
. - t
4 '." V
THIS STATE : PROJECT EMBRACES
OVER 200,000 ACRES."
WATER NOW ON THE LAND.
NOW BUILDING " TO " THE - HEART OF
' ".W :c V THESE' LANDS. . "i 4
File To day on 40 or 160 Acres
' : '' ' ' .! . - '. '" . ' '-',. '
. - Your filing can be made in Portland at the
feet health. It Is full of hard work. I
practice two hours a day, but a new boy
should stop before he Is tired. Three
single hours of work. are better than
one stretch of four.
V- Olabs So linger Trtuapt.
The old. idea that a boy in the circus
had his ability beaten Into him with a
club is a thing of the past I strive to
gain a boy's eoafldonce.. Tou know you
can lead a horse to the water, but If he
Isn't thirsty he won't drink. - It's tho
same with a boy.; I have never had a
serious accident with my troupe, and it's
all due to the fact that all trust me.
I started in this business St years ago,
when, I ran away from home and joined
the Noyes, formerly Thayer-Noyea
snow, ai nrst i worked on the trapes,
but I gave that up.-. r
Working aloft requires a difficult sort
or grit- The work there Is - caster,
really, but It require more nerve, than
on -the ground. ; . :!"' .i-w ,
If eyery boy in thi land would put in
one hour a day at gymnasium practice
me neaitn or tne country would oe un
proved wonderfully. It will make a
weak boy strong and a strong boy a
Hercules. Like every - other business,
there is no secret pf success but hard
work In this. AH talk of secret lini
ments or oils la foolishness. The only
grease I use la 'practice,- but I do use
that la Dig quantities. , ,
Weston'. WatP Trouble Ended,
. (Special' Dispatch to Tile Jonraal.l :
Weston. Or.. Aug. SI. The eitv
marshal has Just finished clearln the
head work of the - water system of
stones and ruDblsn. discovering In the
work ( the cause of the annual water
snortage. Kvery season Weston has had
trouble during the hot weather ': and
lawns nave suffered feadlv bv the short.
age of water. The - springs .have been
opened up and no further trouble - Is
anticipated. -:
t:)'-JSwr Town of Taylorvllle. ' ,
(Special Dispatch to. The JoarnaL) -'-
The Dalles, Aug. SI. A new townslte,
Taylorvllle, has been laid out on Albert
Taylor place, seven - miles west of
Dufur. It is- in a section of country
that ha settled up in the past five or
six years, and la considered a splendid
apple country. ,
Parish Party at Dalles.
Bp1l Dlapstck to The JonruLi
The Dalles, Or., Aug. Si. One of the
most brilliant social, events of the' sum
mer was a parish party given by the
ladles of the Episcopal guild on the
lawn of Mrs. Webb's residence, Thurs
day evening In honor of Rev. and Mr.
H. C. Collins, who were visitors In the
fittr 1 .. I IT I .
. v.uiniiD "an lur several
years rector of the Episcopal church
: Soldier Balk Death Kot. ' '.
It seemed to J. A. Stone, a civil war
veteran, of Kemp, Texas, that a plot ex
isted between a desperate lung trouble
and-the grave to cause his death. "I
contracted a stubborn cold," he writes.
'thai developed a cougn that stuck to
me, in spite of all remedies, for years.
My weight ran down to ISO pounds.
Then a began to use Dr. King's New
Discovery., which restored mv health
completely. ; I now weigh Hi pounds."
For severe Colds,' obstinate Coughs,
Hemorrhages, Asthma, and to prevent
Pneumonia it's unrivaled. BOo and $1.00
Trial bottle free. Guaranteed bv Wood.
ard. Clarke at Co. -.
1
C o co a
Ecuador (South America) ,
furnuhei nearly ' one - filth
of the world production. '
of cocoa beans, now ei5- :
mated at 300,000,000 -,'j3- '
pound. A world-wide de- ; ' '
- - mand - exiit for Ecuador ' '. 4 .
' cocoa beans, for which that
1 countqr enjoyi a bigh. tep- 1
utation. ; Wo import tho
It talcc3 but a teacpoonful
to the cup when the
, cocoa's pure. , :
" - . '
is most economical be- .
causp it is perfectly pure
and goes farthest. '
best direct.
Don U ask merely for cocoa
askforGhirardellPs.
- ' - ' - - ' I
. . . . '-J'-"JI 1 11 i.
Hello Peoples !
.How
de-do
?
Fm Kaptin ICiddo
TIE
.TOM
BLE TALES
OF
V
1 B -.
EiAP
TIE IODBO
' - Pctmjd by GRACE G.WIEDERSEIM r . Storied by MARGARET G. HAYS
. . Childhood's Only .Caricaturist Chronicler of Juvenile Romances - .
Begins in The Journal of Saturday, August 28