The Oregon daily journal. (Portland, Or.) 1902-1972, April 24, 1910, Page 9, Image 9

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    THE OREGON SUNDAY JOURNAL. PORTLAND, SUNDAY MORNING, APRIL 21, 1010.
VARDECWREDO;
. 'Mil DEALERS
, BY
FISH
ID
(Continued from Page Ona.)
launch In which the catch wai being
brought to Portland. McAllister prompt
ly announced that he will confiscate all
salmon brought within Multnomah coun
ty bound. He made good "his words
by patrolling both sides of the Willam
ette last flight with deputy flsb war
dens. He declares that he- will continue
the patrol until the closed season for
salmon eids. May 1, .
"If SO fishermen on the Willamette
succeed In defying my authority. B000
fishermen on the-Columbia river will
become vlolaters of the law." declared
the master fish warden last night. '
.'Jurlire Oantenbein's decision 'that
. flBh may be taken from the Willamette
'.) Is In conflict with an Identical decision
recently , handed down by the supreme
court Attorney General Crawford ad
vised me that the decision of Judge
f Gantenbeln will b , reTersed upon ap
peal to the supreme court and to resist
V the fishermen.. ; ; P".? "
. . , To Continue Xlgnt, '
"Consequently, I shall continue the
: . fight no matter- how , hot . It gets, or
- what the results." , ....-.' ' ..
The st bank of the Willamette was
' searched by deputy sheriffs yesterday
for the confiscated-salmon and launch,
their authority being the suit of re
.nioviflr inatttuted by, the fish " dealers, i
WirA.n McAllister had locked the sal
mon and Its load up at the east end of
the new Madison street bridge. Learn-
;" Ing of the-search, he quietly towea tne
launch out Into , midstream and suc
ceeded In getting it past Llnntori, in
spite of sharp pursuit, and found a
hiding place which last night -he an
nnunced will" be - secure. The officers
were -convinced that the fish warden
Intended tQ sell the salmon to a down
river cannery. r '
The nresent exciting situation Is due
tn the omission of the words "and tribu
taries" in the last; enacted fish law.
The law was one agreed upon by a eom-
mlttee from. Washington ana Oregon,
and was intended to be adopted by the
legislature of both states In order to
' end the ancient dissension; between, the
two states. . -
. Discovered To Xte,
' The Washington law 'was adopted as
per agreement ? The emission ? of the
words "and tributaries from the clause
" forbidding salmon fishing until May 1
: Instead of April 15. . as formerly, was
not discovered until too late to correct
' In order to enforce the spirit of the
- law, Warden .McAllister, In conformity
with the law of 1901. posted the Willam
ette and Clackamas rivers with notioea
declaring tha stream closed to salmon
fishing until the end of the season, as
observed y Columbia river fishermen, .
judge Gantenbeln, sitting at Oregon
City for Judge Campbell, who felt preju
diced In favor of the fishermen, decreed,
however, In tha test case of the state
' versus Harry : Aune, that the law of
1905, epclf ying the season, repealed by
Implication the law of 1901. which au
thorized tha fish warden to close streams
by posting notices. ' - " ' -
It Is this decision which the flsher-
intend that McAllister Is holding
in contempt. McAllister, on the other t
hand, asserts that a decision m juuo
Morrow, later affirmed by the supreme
..court, sustains the validity of tha law
. ;.t . Confiscating1 wish.' " f'
. "Acting upon my authority, I am tafc
Ing. evidence against all fishermen Jn
the business in Clackamas county, and
1 am confiscating all fish brought to
Portland by wholesale dealers," said
'Warden McAllister -rihie I shall con
tinue to do, not because of any personal
feeling, but because it is necessary xo
, enforce the law in order to prevent seri
ous depleting of the aaimon wnion sioca
the Columbia and Willamette rivers. If
fishing Is permitted now the salmon get
no opportunity to spawn, and In a few
yearn the rivers (wuiut wn" l "
big fish,- . j.'i.,.' j'i j .i v.- - i , i
. "The situation simply is that 80 fish
ermen on -the Willamette , attempt to
take advantage of a tecnnicamy ana
fish, while 6000 .Columbia river fisher
men, bound by the law, cannot lift a net
until May 1.
"The Portland wholesale dealers are
the cause of all this trouble. Their. am
; bitlon to take fish from the Willam
ette causes me more difficulty In, en
forcing the aw than any other agency
in ine staie. . ine cannon ecuom...
with me In rny desire toe enforce the
law. since they hava no ambition to kill
the goose that lays the golden egg."
commission in 1901 to close the streams
according to its own will. ,
Attempts to pmllXfy.
"Yesterday we brought down a load
of fish -from Oregon City, where the
court decided that flnhriiien could not
be legally arretted for finning. The
game warden law attumpts to nullify
the court's ordor by seizing the flah.
"We st once fllsd a replevin auit, ant
ing the return of' tha fish launch antr
other property, or for its value, 13500,
andfor 1600 damages. When the offi
cer 'went to replevin the fish we found
McAllister had slipped on down the
river with thorn. Tomorrow we will
have arfother load of flHli from Oregon
City here. , -
"After golny down the river Inj the
hot sunshine. It will no be long until
no one will want to stay near those
fish. But we expect to recapture them
In time to market them, and we wM
continue to market other fish from the
Oregon City eayh." v
' , ,'. riih Party Sown . Rive. '
The M'alllster fish party, including
a launch and two skiffs loaded with
fish, started down the Willamette about
o cloijk yesterday afternoon, as sooit
aa the game warden learned of the re
plevin suit Deputy Sheriff Harry Bul
ger, . accompanied by John F, Meehan
and Joseph O'Connor, president and sec
retary of the Portland Fish company,
started in pursul In another , launch
some time later. .. '
Deputy Bulger reported from Llnnton
about o'clock that the McAllister boat
bad passed abouttwo hours atvead of
him. It was reported to be making only
about four or five miles an hour. 'Bul
ger was making 10 to 12 miles an hour
and expected . to . overhaul the fish' and
the game warden s : deputies before
reaching 'St. Helens. ':, v..'- ..;,. -v'.,.-
Bheriff Martin White of Columbia
county was notified of the chase and
sent word h would watch ' the river at
that ' point, He said he would ' take
charge of the McAllister boat If it came
within his vision and .deliver It over
the line of Multnomah county to Depu
ty Bherljf Bulger, who would have no
authority or, arrest outsiae ine county.
;Y'''V tawa.la jumbie.V "
Attorney' Logan declares the Oregon
fish laws are In the greatest jumble of
any laws on i the statute hooka, 7 Any
lawyer asked for advloe on thla subject
has to run It down by continuous hard
labor. Separate acta have been passed
for different localities. s Aa an instance
of peculiar legislation togan pointed to
flie "crawfish law" of the last legis
lature.! which- reads: v
Mary Mannering
MITIISTO
II
- J
t r
r
BID THIS m
Hoped J.layor land 0. R. & N.
Will Settle Bridge Contro
versy in Few Days. ''
The end of negotiations between the
city and railroad Interests concerning
the Broadway bridge approaches may
come this week. ' Mayor. Simon .an
nounced yesterday' that a1 conference
between himself, the bridge oorhmlttee
ef council and General Manager J.. P.
O'Brien, of the O. R. & N., will be held
as soon as the latter returns to Port
land. It was announced yesterday that
Mr. O'Brien will be in the city not later
than Tuesday. ; . ; .' t ' . ,
A .general movement of. pYotest
gainst further delay In concluding de
tails of the interchange of concessions
between city .and railroad interests hat
originated this week. ; ! ? ,
. One prominent citizen said yesterday:
"The city's patient ' waiting upon
Manager O'Brien's return from con
venient trips out of the city has passed
the limits of a Jest The appearance Is
that it Is Mr. O'Brien whose desires are
to be considered and not the necessities
of the city.' Whit the city waits to
'confer' regarding . matters that could
be ' speedily settled by " condemnation
'proceedings, the best bridge building
weather that we will experience is
rapidly passing. It is the plan to defer
the building of the bridge by one pre
text or another until construction pos
sibilities for . this year are goneT ,4 1
voice the sentiments of many business
men and the east side organisations
when -1 say. that unending and unex
plained delay is becoming an exceed
ingly unpopular thing."
SOCIETY W0IUllL T0 ,
BE SEEN IN SHOW
At a meeting last week of joint com
mittees representing the Daughters of
the Confederacy and the Monday Musical
club It was decided to start the move
ment for. the new Portland Auditorium
by giving a minstrel show tn which
only women will appear.'' It Planned
to have three performances, two nights
and a matinee at one of the theatres,
the proceeds from the entertainment
wilt be turned over to the auditorium
fund, . .
Portland society will play an. active
part In the perform noes n.1 i...
well known people will be In t
cast. A typical minstrel first r't "
semble wtll be given with some i.
women on the stage and with the mnny
local people who have atreaity volun
teered to lend aaslHtance, the
should be a great success. One of the
features planned is the tamborlne chorus
which will be executed by eight. Among
those who are active in getting- the .
auditorium fund started are Mrs. C. J.
Allen, president of the Daughters of the
Confederacy and Mrs. IL A. Heppner.
president of the Monday Musical dun.
Rehearsals for the entertainment will
commence at once. A. Lincoln Hart has
been obtained to direct the reheamals. .
The several clubs behind the building
of th auditorium have Incorporated un
der the name of the Portland Auditorium
association, ,
- gATl XEH"D KB $30. .
229 Morrison SL ', : ?
- if
f
J J-"' ..
if -r
' ft 4 .
It ahall be unlawful for any person Mary Mannering, the popular actress,
- - - 1 : a a - 1 1 Jt j lU a
whQ has applied in . the supreme j
court of New York for decree of i
absolute divorce from - her actor
, husband, James K. Uackett. The
interlocutory "decree;: was granted i
. some time ago. - Justice. Fitzgerald I
has reserved decision; on (he ,
. quest for an absolute divorce.
or sersona excepting residents of Clat
sop county, to take.: fish for,- or have
in their possession any crawfish taken
from the waters of i the state of Oregon
during the months of November, Decem
ber, January or February of any year.
I 1909, p. .874, sec, t.' , . - ! r ' "
"According to thla taw," said liogan,
"a resident of Clatsop county is exempt
from arrest in any county In the state.
A resident of anv other county may be
gem of . 'purest-ray serene" n tne UDe "'""vrr.A V... : v. :
zM i,-K lanMi,- . - -1 nere, nut w Krxove iur unit, uui lu-ump
sentiments In ' the presence of God's
mystery, - . '
"Thla is not the time nor the plaea
for eulogy for the' famous, writer, the
honored representative of American let-
tors in the world of ' literature. Wa are
here reminded of the frailty of mortal
flesh .and the brevity : of our way to
earth. . We think of MajTt Twain not as
a celebrity; hut as a ,man whom we
loved. We remember the reality that
made his life with the living, his laugh
ing enmity of all sham, his love for the
truth, his honesty, his honor. We Know I
COTTON SCANDAL
. LIKELY INVOLVES
' - I ' ; $6,000,000 LOSS
- Contlniied from Page One.v 1 '
ous predicament, - as they have-, made
sales' on the basis of supposed - shipments.-
'"-''
Southern Banks Turtlnuseo.
Ro far as is known, none of the local
banks have been victimised., but south-1 now h met with adversity, toiling years
rn banks are reporteo to nave -1 to pay a debt of conscience, following
vanced large sums on bills or lading tne injunction to do all things honor
ably as well .aa all things honestly, Wa
know how he loved his family and rei-
lowman. We knew Mark Twain and ws I
loved him. ' . - ' ,
Veres baoghed at Misfortune. -
"Nothing is more falsa than to think I
. FISHERMEN'S LAWYERS
DECLARE WARDEN DOES '
, NOT UNDERSTAND LAW
John F. Logan and I. Nr Smith, who
. represent the fishermen In the present
, eontroversy,. strongly dissent from the
idea advance'd by Game Warden Mo-
Allieter that the decision of Judge Gan
tenbeln In any way confllota with the
-decision of the supreme court sustain
ing Judge Morrow's ruling In the ln
;' Junction case. - ;. " ' : - '
. "The supreme court decided noth
ing, except that we did not take the
"right legal step," said Mr. .Logan. "It
held - that an equity court would not
; interfere, and put us back to an ac
tion at law, . Judge Gantenbeln, pass
ing on tha Question which was before
.htm, but was not before the-supreme
court, held the law of -1905, being-a
later enactment, . repealed by tmpllca
tion the power given to the state fish
i ;
the
which bore a fae simile to the steam-
ship agents bills. These bills, attached
to drafts were sent to Liverpool hanks,
and in almost all instances were hon
ored. They were filled out before de
livering the staple to- the- carriers,, but
in mahy instances the ttonjma never ttat preaenC(S of humor means the
turned over to tha- sAewnship coman 4bsence 0f r seriousness. It Lwas the
' m other Instances southern shippers hrt, , ,. ,. .
wail 4i 1 vrfuB :i niv miisco. " iisMiif e.uv aaa-
obtained money on theso bills ona nj truth. that made Mark Twain's humor,
from t southern hanks tthw', waltttos; H, was -eH0us in his real humor. But
tnr tha, fnttnn trt be checked uo and oer-1 , iv.. . r ,. m ,
Ufled to; by the ..representatives .the jaujrhed ftt tnlli tha weak the poor
transportatio?! lines. -When the cotton Md.th;hnmbUl,.v.H,,,uwd, bte. hnmor
arrived in Liverpool It would be found bu for things good and wholesome. He
to be short a few bales. mad8 Wthout hatred. . Under I' all
nx " 5 Torgery Practiced, Too.-ii his humor he made us feel the pathos of
' Ordinarily such a discrepancy "would life's realities, for he exposed the sham,
be adjusted In due course of time and "Now that he has gone, we who loved
the missing bales repiacea. rxnim year, mm ana we ail iovea mm wno anew
however, the losses have been serious him will miss him,' We are glad and
and charges are made that ships sup- give thanks that he left such an honor
posed to be -taking out from 6000 to able name, - We are glad he won such
10,000 bales of cotton on which" southern fame ih the world of letters.; We are
banks had mada advances on t'e glad, after so many shocks In his life,
strength of the bills of lading and that he has gone Into rest and fullness
the drafts ' attached thereto, actually of the enjoyment that is due to his hon
carrled not an ounfca of cotton.,; - It Is orable life." - -"- ' .
also charged that the signatures of mas. 'Prayer by Sr." TwltohatL r ' "-. '
ters of vessels and of railroad agents ' Ab Dr . Van ryk, took' his 'seat Pr.'
were ' forged to these fraudulent bllla xwitchell walked to the "altar. - from
of lading. r -. : 5 : ,". which he might- gase down -at Mark
wanare jrorgoFwa iv un. . , rwain i xace. , jtiis voice was inauaiDie
The southern disclosures temporarily 1 and- the tears poured down his cheeks
placed in the background tne Ditter war- aa ne asKea uoors blessing upon nn
fare between the cotton beara led by friend, and tha " world: v. friend. He
David H. Miller, McFadden Bros and clasped the altar rail and seemed to be
others on the one side and the - bull speaking ta bids old chum us he broken-
clique In whlca James A. Fatten. Jiu- r sorDed out a prayer. , .j.
gene Scales, Frank B- xiayne ana nu- roi our sorrows prevent us giv-
liam P. Brown figure, on the other side, I Ing thanks for the gift of his love, his
but Wall street learped that negotta- friendship and his fellowship, which
tlons had been begun looking to a fori- will be our chlefeat memories of our
vateyettlement of May cotton contracta dead friend and brother, who hag gone
at price cl6se to current auotationa, i oeiore us, waa nis supplication. . -we
. it Patten and his associates have not I thank God he has given the world to
actually cornered May, cotton they are know of his tender love and friendship.
not ar from It. while the snorts are I me example oi wnicn nas neipea us
soourinr the south for stray bales With all" : , 'V.
which to make, deliveries and hava lm- f He could say no more. There seemed
to come over mm ins realisation tnat
his happy hours with tha former friend
would be no : more. His llpa . faltered
In a. si lent prayer-as he fell back In
his chair and buried 'his face in his
bands. Dr. Van Pyke clasped bis band
in the grasp of understanding.
The funeral service of . Mark Twain
was at an end.
j Slowly the great crowd filed past, the
coffin in' silent tribute to the dead.
- Until 10 o'clock the body lay in state
l- 'V- ; IT - ' " v'- -
v " - i Ilk '
j. I- -. : : .c . . . . -
NOWHERE ELSE
-) 1 1 .
in Portland are such t clothing 4
rvalues to be found as at these stores V . L
J' . -.:'. ......... . vt t.,.. ',
For years it has been our aim to sell the
BEST CLOTHES FOR THE PRICE
and it . is admitted by everyone that V ,
we have succeeded v ; .'. , , ;
WE WANT YOU
'ti,i,
v
...
!; to : examine this ; season's models which
we. are selling at . . , ;
j 1 ;
They are the equal, in every respect to
those sold elsewhere at $5 to $10
more
i
i l 'lr '
Come in arid let us show , you
t
WHEN YOU SEE IT IN OUR AD ITS SO
3d & Oak - ,
1st & Yamhill
1st & Morrison
I . 4 3 ' ' ', Ii (,
j - , r J '
jLj Jl- .
fiATARRH nt i( inricvQ ssouro
Uli I i II II II I Villi U 1 4 lm I U CIVILIZATION
iwv j wa. ceo, kino. I jrsy
ported from England during the present
month annroxlmatelT 60,000 bales ; Of
American cotton. . ' " ' ' ' '.. "
. gOOOO Bales Short.
Estimates ef the bear shortage were
(00,000 bales which is considered a con
servative figure, while some brokers In
sist It amounts to much more.
The federal Inquiry has not helped
tha bears. .- . '
James A. Patten Is now. In Chicago
serene in the belief that ha baa con
trol
of more cotton than -any other w.eTs -V- r.'.V KJS .l
t person ana w""' " """1 L,..;; passed tha form of. the man who had
year when the spinners of this country fT. . , .fc fc, v
and England are clamoring for the com
modity, ha Is master of the eltuatlon.
No one knows how many Daies rauen
and his associates control, but tae low.
est figure is ISO. 000 bales and It may
be much greater. Hie profit on the
transaction would "be about I1.TI0.000
'on a beels of It a bale. May cotton la
worth about 7 a bale. It Patten ala-
lightened life's gloom with his humor.
-raaeral at daalra. . -
Later tha body waa conveyed te the
private car of K. E. Loomis, rice presi
dent of 'the Lackawanna railroad, to
be started at S a. m. Sunday for Klmirm,
where tha burial will take, plaea la the
afternoon.
The services at Elmlra will be simple.
posed Of 150.000 bales at currant prtca. jlr. Twitchell. who waa to hava eon-
Whv not visit
property today?
It's worth your while.
Take the Sell wood car
and get 'off at ToLr.an
avenue.'
Columbia Trust Co.
Ecardcf Trde E'Jt.
tv)u hie profit he would turn over lit.
150.000 on which his profits would be
enormous. .
TEARS FOR MASTER
WHO MADE MIRTH
OF WORLD'S SHAMS
(Continued from rare One
baut.ful funeral srvlca of the Preby
terian faith. .
At Its ccni-luslnn he r'l br!ry of
Ramnel !. Clemenn. him friend, not Mark
Two'n. Vwe sutler.
"I m n . 1 rk ro .;Vf f,.r our ti'mi
frlent." nil r.e lUrrpij-, with r tr.r
cf orotory In h'.s to!. "The f-i4s f
Frnol Ir ehorne 0-t. w ora ail
the wrifl -'W 'rk Twain, r-t
in If . e'jint j' f r a BK -nrt in
!' k wr-' iff 1 f in jwilni
ri1 -,. rfrT r.fv'T ; r!Ti1
tn rt In fr tr t Se J-.-1
J tr-'y. C'nr f-:n.l "i:.l ; f
ducted tha services at Elmlra. was r-I
called "to the bedside of his sick wife
in Hartford tonight, and the ceremony
win b conducted by a local pastor.
Clemens' body will he laid beside the
bod of his wife and children.
A pi on gthe distinguished friends of
tre dead homonst in the cnurca were
Will Carleton. Grander Matthews, Wil
liam Ian Howella, Mr. and Mrs. An-1
drew Carnegie, Mr. and Mrs. Joeeph
Chcata, James Lanellen. Peter Flnleyj
rmr.na. fi1ny Porter, John B. stanch-
fieid. of Kirrira; Robert Underwood
Jrthnon. H. H. Kcirrs Jr, son t of I
T!i Jart friTd; Co'oeel Unry
J. i;r;r. cf Harr-r ar.d Brctfcer.
Tvnt s r uJ,''"r-s: Rctrt Pridre and
A' !r;iors from the TUrrra, Authcra.
(enniry and Lotus cJubs.
A r ! -i t d poittlral crrtt is r.;ird
t.T fc trwir In jw Jrv over the re-i-t!oT(
e-f V" '".l esta Titrr Jf-fcfi
Ks. !" ttrm wS.l ertre jitt
'. .- h td a ho la a e dilate for r- A11ra
- backache M
: .... W:;:-rw .; $ M
'K V Catarrh V
SntHE CASE CP CATARRH CF KID.VEYS ( AV
AD CLAPPER CURED DY FE-RU-IVA.
I'd
Mr. George King. Iruty Sheriff
of Renelar Co, N. T.. for years
-aa a well-anowo merchant or Troy,
i la a letter from No. 4S King KU
Trov. N. T, be writes:
"Faraaa aured aa from waaa e
feetors ware afraid would tara Into
i nrtf alsMaa, aftar X had saffetd
witli eattanh af the bladder and kld-
aay treable.
Teruna la a tleii!r.a tola aV-. man
E:rht bftt. w-ie vna a well man
ind were worth more than a thou-
aand d iSars to ne.
1 e.nr a-r-aak to ef tt
It Is sew feur yara : I was
ra.lea. aad Z have eajeyed perfect
The
4.TARRH of the kidneys that Is
"what makes people hava weak
backa It la catarrh of the ktdneya.
Tha kidney la being gradually de
stroyed by this derangement.
The mucous membrane lining ef the
kidney la inflamed alcerated.
The catarrhal prod nets are irritaUr,
aad are aapptag away the vitality ef
the kidney, which, snakes the hack weak.
This rausea people to becom old be
fore their time holding on to their
becks ur.able to stoop over without
pain and having sudden cramps la tha
' Catarrh of the kidneye that la what
is ailing tbera.
A cowraa f reraaa la what taay e4
.... i
Clark, f r
The Cnlon Rank Trust Company hae secured F-arl E.
.three years aalea manager of the Columbia Truat Compmy. aa fnf-xl
manager of the real estate business of the comrwny. While wV t! '
lumbia Trust Company Mr. Clark made an enviable r"rd har.1: ng a
division property. 'His brother. Frank N. Clark, preeidnt of the r.-
pany, gives the young wan much cf the credit fr the Ma r-.-re n r v
by that company during tha three years he baa b -ted ni
Kts energy ta exhauatleas and hla ability racks with V t fn'i r )
more years of eipertence. lie not enlr underatana the rl :. V
lnese from ditt to dollars, but be nndrtan1a rnn. a r- ?t
knowledge for those who would achieve su--i In ary b - . '
and during his service with the Columbia Trust ('nirr; r- i -about
him sum ererp;eU raj!-.i plr!-a !: hlmae.f. f-.r i
m-n with him tn tha tiaw mn'iinn Ti fit'A nf th 1 rt.tn I ,t - k A " -
Compasy will alinw him a iatlt iie for Ma rat iral ai . ty a-: t '.
are predicting a.flattertr.g f -t jre for the j-nurg
READ THE SUNDAY JO 'J.
iiu;i.st. r; r FrxntT i-1 r ;
r v
'i',ral rrartinnt,
L'clumbua, O.
wfm the kliaaya have kaeowie
aecUy Svctrcyaa.
v. I rtruna to.