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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 1, 1910)
THE DAlifv JOURNAL IS mo ceiits n copy Sunday Journal 5 cents: or 13 cants " a week, for Daily and Sunday Jour eat by carrier, delivered. 7 Tse weather Occasional rain to night and Wednesday. . . JOURNAL CIRCULATION YESTERDAT WAS VOL. IX. NO. 207. PORTLAND, 1 OREGON, TUES DAY EVENING, NOVEMBER 1, 1910. -TWENTY-FOUR PAGES. - PRICE T-'CENTS;. f - vr ! u ...ID 10CUC0UTMCT0R-KILL WGAff? WHO THREATENS HIM 0 WUlfll SM 0BSTRUGTI0E11ST3 GIVE QUIETUS BY SUP "The city has th power tobulld bridges whenever and wher , - ever it may choose." ' . . ' r J ' ' This' is the judgment given today by the supreme court of Ore " , gon-.;. It. contains, a knockout blow for-Kiernan-Duniway obstruc- tionist of :the" Broadway bridge. The sentence was written in an ' opinion bp Justice ' Will R. King," who concurred with Justic Mo Bride'j upholding of the circuit ,court's decisions against the ob ' l structionist9. These 'decisions, it will be remembered, gave to, the " obstructionists-no 1 proper standing in court and no right either to V .contest the validity of the election authorizing the building of. the v tBroarfway bridge, or to contest the validity of the Broadway bridge f, ponusj , j usucc ivicdi iut; ucvisiuw "We find no. error m the record, rnurf is affirmed . f , Juettfce Klng'a opinion V alio puts a ." qulei.ua 'On the Pbrt of Portland eom " mission's-contention, that It baa power .' ' to prevent the building of the Broadway . bridge; ' In . terma u of terse rimrneu 1 JustlqfcMClng asserts: ' - ; -f vWhlje the-Port-of : Portland la In ... many of )ta attributes a municipal cor- poratlon, It la one organised for a ape " plal; purpose, j and poBBesslng' limited ;,power8,i derived not from the constltu ;lon. 4t trom A; expresa legtalatlve t "prrant 5To give to this rant the hrond construction claimed by counaet Would , be to make the Port of Portland virtu- ally nfaster Of the city of Portland, re ', - a portalble to no supetlor autltorlty, and -V utterl free to disregard tne will of the people' aa expressed at the polls. , I be lieve the legislature Intended the Port ot joriiana corporaiipn ,o oe na ser vant Of .'thW My of Portland end of the . , sute at' larre(.ln .the promotion 'of eom , ' inere and, jirpaperity. nd ,'n)t 'the, dtp i,-vlatof: thereaf.-. ; r? ..:;,''rviv., i ' "Punnln through all the amendment ' to tho. Port o? Portland' act. sa . well - I Associate Justice T. A McBrlde. , aa through the various acta; amending tho charter of the city of Portland, 1b an evident Intent; ot the legislature' to pre vent the rights of the city frm, being subverted to the wishes of this auxiliary corporation., , It .follows then that the , rHy, Ijy appropriate amendmants io lts charter, has the powefr to build bridges 1 whenever ana wherever ' it may so choose.". . ,.',,,,. Slow : to I) unl way. v ,.-... ' ; The judgment t)f the supreme 'coprt . with clearness and force places the had of: disapproval not only upon the k professional obstructionism from whlcn Portland bsa 'been suffering, but upon the hair splitting, technicalities em ! ployed by Ralph Dunlway in behalf of Frank Klernan. :V "t Rurmlng1 over "the various acts prelim , Inary to the Issuance of the Broadway bridge bonds and sustaining the validity and propriety of each, Justice McBrids then takes occasion to Confirm the pop ular diaapproval of Duniway's methods ' by (faying: ,. ;- ; , v , "Counsel for plaintiff-attempts to draw a distinction that the original ; filing waa with the auditor, aetlng in , his capacity as oterk ' of the council : and not In his capacity aa general audl- tor and cleric of the city,, but there la no auait diBtlnction In the . law. . tio vi good reason exists for requiring sev eral filings of the same paper with the same officer? simply because the duties of ms office are divided into several , departments. In fact there Is but one office and officer with one title, name ly, city auditor." Obstrnctloniats Unsupported. ' . . Justice McBrlde goes farther than to ' ' y tnnt Jlexno,arPiwayJJjuatuUi lata nave no support in law-ror their , contentlona. He usee the word "; "un- - sound," referring to their quibbles over ths ordinances which . were used In ( brlrglng th bridge issue before the ' f people, ::,..:':.. : ;,. ,, - He li8 the same term Jcr the Kler- nan-Duntway contention about varloua nets $t tha. executive board, of the Uy f ILIi L 1DEAD ouiihiicu icisciy ...in a sentence ; and the decree of the circuit ' . . . e j Polata of Seotsloa. '. e We find no error tn the ree ord, and the decree of the circuit 4 court Ja affirmed. V vTS city has the power to buHd bridge whenever it mar so.4 , choose. .. " , i ,., , . . "It may well ba doubted whether thla grant of power trrom the legislature to the Port of Portland) waa aven 'Intended 1 ro authorise it (the Port of Port- ) land)' to act as sole Judge aa to when and whore end how a great a) olty shall erect bridges over a . .waterway exclualvely within Its 4 wn limits. ... e City Attorney Heaseov. .. , City Attorney Grant -I feel tremendously pleased . over - thla decision. Friends of the Broad-, way bridge, the people of Port- v land, should fee very grateful to - the members of ."the , auprem e court for tho patience and care )r with which they have Considered : e . tha Broadway , bridge contro-f 4 voray..,:' v:U, - a 4 ' Aaalstant City Attorney Ben- bow Thla dec'slon will finish ttha Broadway bridge injunction ' aought by th Port of Portland ;: commission. - "' auditor, in the etyle oft getting ".. the ballot aiid reaches another conclusion by saving bluntly:. v: r; ;''The aUftjred differences; between the description' of the. proposed brldg Jh the 'resolution, and ballot title are , too .microscopic to have misled anyon. ' Another paragraph also has its Ulum Inst In value. It reads: , i "Plaintiff also contends -that" the falf- uro of the auditor to have the. word 'charter amendment ubmlttd by the council' printed upon the . ballot, ren dered the election void. ' - Ci fr Considers Kertta. "it may b conceded that thssy words should have ben printed upon the bal lot, , and that the ordinance requiring thla to be done is In a aense mandatory upon the officers charged with the duty of preparing the ballot, but it doea not riJow tnat a iauure .m thisnesDeol Tenderi the election 7 void M The omls s(on could have misled nobody, as the Important; question for the voter to de cide was not Who Introduced tho meas ure, but what Ha .real; ; merits- were. Courts should hesitate to disfranchise 10,000 voters - because ' of -- the neglect of an officer' to comply with a tech nical and. .comparatively unimportant provision of the ;law,? unless ,lt can1 be seen that the effect ot such negligence (Continued On Page peven.) ! U AsmoUaU Julic 'Will B.-Klng." : I i FATAL SHOT ID! REVOLVER AT Returning to Get Position From ' Which He .Was Discharged, -Engineer Porter Draws Pis tol on Contractor Pottage.- TRAGEDY, OCCURS AT EAST TENTH AND BRAZEE Quarrelsome Employe Drops Dead When Bullet Strikes 1 Him in Forehead. Following a discussion over the right of Charles E, Pottag. a street con tractor working In Irvlngton, to dis charge his engineer, Pottagegahot and killed the engineer, Frank A. Porter, at the corner of Easl Tenth and Brazee streets this morning. 'Porter had a revolver In his hand when ha waa shot. He had pointed It at George Wellman, a ateam ahbvel engi neer aecured by Pottage to fill Porter's place, but waa turning It from Wellman to Pottage when, he waa 'killed.-" . - Withrn two. hours after the killing: of Porter the material witnesses in the case had been taken before the grand jury which-waa in session In the district attorney's chambera end had told, their story, to the Jury ; Pottage gave himself UP" to. the police. - walking , from the scene ot the shooting to police head quarter as soon aa he learned that ..(Continued on PageSovenU-(T Millionaire 'Aviator Objects to the'; Alleged : Discrimination r Against; Graham?-White Others May Follow Drexel. (United Press tested Win.) New Tork, Nov..- l.-J, Armstrong Drexel .of Pittsburg, millionaire, and one of the best known aviators in Amer ica, resigned , Id a huff from . the Aero club of America today- because vf al- POINTED DREXEL RESIGNS FROM AERO CLUB: :. JUDGES UNFAIR" thlsiiespeotilegsd-partiality i shown-by-lta officials to American aviatora in the recent meet at Belmont Park.,:' -;-'.':-,'v ' ;? 1 ;; The particular decision of the Aero club officials that piqued Drexel waa that given against Claude Qrahame- Whlte' In regard to the flight to,, the Statu-of Liberty and return.: '" .'. : .. ;Wlth Drexel in spirit if not in act. are said to be most of the other aviators who participated In the Belmont Park meet The aviatora feel kindly -toward John B. Molssant, the winner . of, the Liberty . statue race, but they believe It unsportsmanlike that White waa -deprived of a- second chance to compete against him. Thay assert that White's personal unpopularity is no excuse for the decision of the" arrangements com mute. - --.--- - -- - Conditions of, Liberty Xao. ' ' ' According to the original rules, .Octo ber ,27 was fixed , us h date for .the flight, between the hours of 2 and 4 p. m. It was stipulated that the contest ants must remain aloft one hour previ ous to the i start for the statue. : The aviator making the best, time to the statue and return - was ' to be awarded the u,000 prize offered by Thomas T. Ryan. Becaus of the gale that made avia tion impossible on the second day of the meet, it waa announced that the meet would ho ,cxtended one" day. cloe-j ing October 81. cm octoper 27, the flay aet for the Statue of Liberty flight, the Wind blew a ' gale and. -the -:, race t was agata postporrsd, - announcement being made that it would be run any day of the meat, and the number of flights was unlimited. . ,; - . . ' , .:- ' : ? :. White -protested agaltist holding the race at all,, declaring he hail endangered his machine In order to make the neces-f sary hour's preliminary flight on Octo ber 27, but his protest was overruled. ':. ; ' "i-. Others Hay Beilgn.' '. ', y On Sunday, October SO,; the, .contest committee ruled that the meet was of ficially cltfsed at sundown, and White's Intention 'to fly Monday: ws thwarted) It is expected, that other aviators will follow the action taken by Drexe in resigning.:'-'" 7 '-. Thirteen aeroplanewere, wrecked flumlliITTolmont - -meet' without a single aviator- being seriously injured, Walter Brookins and Alfred Le Blanc, Injured during the running of theCoupa Internationale, were the -most seriously hurt. 'John B. Molsssnt lost most ma chines, four of the damaKed oraft be longing to him. lie was also the largest winner, his earnings amounting almost to $13,C0O. " . IRE IN L JOIN IN STRIKE OF EHSS HANDS Vehicle Traffic , In New York ' and New Jersey Threatened by 'Unions - That .Demand I II Mas ' ' i t Higner wages. LITTLE DISORDER AND MANY WAGONS MOVED Jeering Strikers and Sympa thisers Taunt the Strike- ' breakers. (T7a!td Press Leased Wire, k New Tork. Nov. l.ReDresentatlvea of the express companies and ths of- nciais of the drivers' organisations of the city and state conferred at Jersev City thla afternoon. The companies af fected, with the exception of the United states Kxpress company, agreed to ar- Ditrate. The representatives of thai United States company refused to arbi trate on the question of union . recog- .-. .;;" New Tork, Novlr-One hundred thou- aand teamsters, chauffeurs and helpers may be called on strike in New Tork city and a jaatibn .wide strike of ex press drivers is threatened as- a result of the strike of drivers and helpers em ployed by .-. the express companies 7 in New Tork, Jersey City and Hoboken. The executive committee of the Inter- Continued on, Page, Two.) Defendant Charged as - Speed s Fiend " Who Killed Woman ;and Ran Away; Trial Inter rupted by Bribe Scandal. f (rnlted Press Leased Wire.) New Tork, Nov. 1. Oeorgs Teandle, an architect, a? juror in the case of Ed ward Rosenhelmer, was arrested today, charged with having offered to "hang"1 thaJury ' for BOO.' f- Rosenhelmer la on trlar for murder In the first degree be cause his automobile ' ran down and killed Grace Iimigh'last August. - A man named Tlmondoffer, a builder, -was also arrested. It- is alleged that .TJmendoff er,' representing j Teandle, made an offer to Rosenhelmer's attor ney. Jamea W, Osborne, to prevent a ; Teandle waa a Juror In the trlaf of Nan Patterson for ths murder of "Caesar' Toung. The police assert that Tlmondoffer told Osborne that Teandle hung the Patterson Jury for f 500 and that he was willing to da tha 'same thing In the Rosenhelmer ease, . The story J told that when the offer was mada Attorney Osborne arranged wrth'Timondoffer to" bring Teandle to a certain - place at a little after 10 o'clock thip 7nornlng and that he then notified Justice O'Gorman and District Attorney Whitman. Two detectives and Attorney KnoblacV alsp representing Rosenhelmer, appeared at the sppointed time, it Is said. - The detectives assert that they saw Knoblack give Teandle JS00, . Teandle. and Tlmondoffer, wera imme diately arrested. -1 . Teandle was excused shortly- before trie opening of the case and a new Juror selected, the trial ,waa ;tnot halted by hi a'rtesi but as soon as his substitute was put Irt.the box the opening atate mnt was begun by the state. - r , ' i4 ' In dflfault . of : 110,000 ; ball, Teandle and Tlmondoffer were remanded to the Tombs for examination Thursday. The police assert that Teandle admita hang in the Patterson Jury. ; The revela tion? WlU probahly -cause an lnveatlga tlon of 'the Patterson trial. ' ; " i : Marked bills were given: Teandle and ware found in his pocket ,when ar rested. -'-:,'. 7v'; v. aoin ; leanaia anu ; iinwnvguir, -v i convicted, are iiaDie unuerine jaw V;tO 10 years' imprisonment; ana a , line oil &l,ou' , "f V ii j , HffilllElIf! Oil TRIAL FOR HIS LIFE; JURYMAN BRIBED v , v.TTi'iiM.,, ' Steel's favoring the Ross bank, by vest New Tork. ov. 1. JEdward 1 Rosen- ling ftuthOrity to make, deposits in the helmer. millionaire, is on trial for, mur-i v...,( t- .k.titt. win wi. der. His-automobile struck abuggy, demollshlnaMtJSiace, -Ho FTirea ana wo oiucr :ii.iuu iijuiu. The acoident ooOurred on, August 18. Rosenhelmer la the second automo bile driver fh, history to be trf?d tor murder in killing persona with his Oar. Edward Daxragh, whoso taf lcab' killed a child is now serving a sentence in Sing Sing. ' ' Inopenlnsr the case for trie statek As- iContlnued on Page Seven.) STILL ' JJ KT ' EVIDEHCEAGAINST --Mm-A DITCHBURN.BUT SEBTEHGES GUILFORD TO 111 Howard. A. Guilford was thla morn-, Ing aantsnced by Judge J. P. Kavanaugh to,- alx montha1 Imprisonment" in 'the county Jail i Qullford waa convicted of having attempted to bribe a Juror In the W. Cooper Morris bank ernbessle- ment ' trial last May. The Jury that tried Qullford and found him - guilty went In a body last week to Judge Kava naugh to ask that tha guilty man be given the extreme mercy of tha. court. After commanding Qullford to stand up in court this morning to recelva sen tence Judge Kavanaugh said: v "The offense, for 'which this young man has been convicted la one that re quires the i gravest consideration. - If Juries are .tampered with and those re sponsible ar allowed to go free the whole judicial system of tha country Is threatened. ,' i ' . IN DEPOSIT ILL , In tba . legislative " aasaion of - 10T, when J. Thorbum Rosa wa so deeply interested In shaping legislation In the interest -of his Title Guarantee A Trust bank, he was esppclally, desrou of jse curlng an enactment which would give him the handling of state funds. ; Jay Bowerman, styled '.. .''Joinder' t In the cipher telegrams which passed be tween Ross and his lobbyists at Sa lem, was chairman of the senate" com mittee on stata and county officers, A bill had been -Introduced by Senator M. A, Miller .vesting; the authority to' lend state funds to banks in a board consist ing of the governor,' the secretary , of etate and the state treaaurerj the bill provided that not less than 1 per cent interest should be paid by the banks receiving such deposits. ' This bill wna referred to :. Bowerman'a ("Joinder's"-) committee. 'The history of the Subse quent proceedings, la - told by the Ore gonlon Of March 19, 1808 (page 11): : "The deposit bttl was held by the sen ate committee on state and county of-, fleers more than three "weeks before It was - reported, when it came back to iKhft BeData it w wholly changed VSenator Miller had drafted tha bill in a wax that ! would have prevented '.authority ,waa given aolely tooths etate shown by the X395.000 deposit of .state money la the Ross bank, when tha oanic failed. --4 w ;:7: "The, deposit bill Introduced January 15 was reportea renruary i aua psa by the senate February 15. It passed the house February it. "The day before the senate -committee Tirted,"thB7 blirTrenBurer ftA wrote Ivoss eiier, leiiiup; m ino auu FOR flTTEftlPTIHG BRIBERY fi.HR. ON- THE . FENCE Under the former law the crime of attempted w bribery; was punishable by imprisonment In tha , penitentiary for from two to ten years, . The law has since been changed, however," I, there fore, acting on the request- of the Jury that returned the verdict against Qnll- ford, sentence him to six months' lm prlsonment In ,tha county Jail." -s- - ' , . QuUford'a attorney fV. C. Campbell. aaked Judge Kavanaugh for a stay of execution for IS days in order to give time to file a bill of exceptions aa a ground for a new trial. The request was granted. . Meanwhile Guilford will remain in the county Jail. , ', Qullford is 22 years old. He comes of a good New JDngland family. His father holds a state position In Massa chuaetta.;. - AVftFlXED eessj of their deslrea" as to the deposit diu. ana saying that If the bill, a copy of which he enclosed, should go through, i am sure we win nave cause for con gratulations. However,' added the let ter," the session of the legislature is rapidly lrawlng te a close and we will soon know what the sure thins: looks like. Tours faithfully, George A. Steel.i f'Steer meant -particularly that the educational funds should be exempted from . the regulation of the law, , which wiuld allow the Ross bank, to use those funds without paying Interest and with out 'any Tegulatlonwhatever, ,..- - "The deposit bill passed - the senate and the house without trouble ami ap pears on the statute books in the form that made Ross and Steel congratulate themselves.",..'-' . . - BANK CLEARINGS , CONTINUE TO SHOW- - pitv CITY'S PROSPERITY Starting the month with a gain of $609,000 over" tha first day of 4 November, . 1909. . this ; month e promises to he a prosperous one In bank circles In Portland. The e clearing ' house ot tha Portland e s banks thla morning reported the 4 A rlearlnra as. belns IfilS IBS 7 A lMere-thair-sr-TTar-t tn. J 1 ' : e) The clearlnga of, November 1. ' 1909, , were S1.52S.104.S, while thla morning the clearings re ported amounted to 12,141.303.4!. The balance' today were J3f;7 449.57. 1 while year.sgo they were $144.399. 65(. WVWIII-I III.I.W lUUI One Witness Testifies He Saw Candidate for Judge Strike Attorney In Saloon; Judga Holds Statements Conflict. s Despite the conclusive testimony pro duced . yeeterday In, the trial of John Ditchburn on the charge of assaulting John C McFadden, an attorney of Cath lamet, "Waah-, in the . barroom of the Esmond hotel last Thursday, the Repub lican candidate for circuit Judge was declared not guilty In the decision ren dered thla morning by Municipal Judge TaxwelL ,: r.,rf . :i , "7 '1 have considered the testimony In this case yesterday and am unnble to reconcile the conflicting statements and determine who began the fight," eatd Judge Tazwell in making the decision. "The witnesses for the prosecution are not unanimoua Branstetter, the moat disinterested wltrfess, says that the first be . noticed waa loud talking and then ha looked up and saw Dltchburn hold ing McFadden by the arm. Another witness said that Dltchburn had Mc Fadden : by the ear. This leavea the testimony too contradictory. . "The court Is in doubt The laws of this state require that the defemdsnt hall be given the benefit of every rea sonable, doubt and there la nothing left but to decide that the defendant is not guilty and such, la the order of the court" s- '.;v.: : .'s In the hearing yesterday MeFadden'a claim that he had been atruck was sup ported by C. W. Hayes, an agricultural implement dealer, who asserted hs saw the blow.-.diaries Carlson, a painting contractor,: admitted hearing words be tween the men but said he did not see Dltchburn strike McFadden aa he was not observing them. Ditohhurn was the only one in the barroom who . testified for the defense. . MUMN'S HI Discredited Explorer Quoted In' ; Letter Written by a Mutual Friend. (rnlted Pwss Leswd W!r V New Tork,. Nov, ,1-Dr. Frederlrlr A. Cook, first 'American claimant of the discovery of the North Tole,, has sent a message of, congratulation to "W'altftr Wellman. Arctic explorer and f nt aeronaut to attempt to cross the Atlan tio In an alrshlpv 7. : The message came tn the form of a letter sent by a Xondon newapaptf man addressed to bellman, "Kindly send' mv heartiest crtnj-f a re lations to Walter M'eilman for his ni.- 't yiii.i - -r Ur. Cook as saying. "If ha tr;nn.'m n, Atlantic ha will have gained an c!)! 1 of far greater use to mankind U.n Cm conquest of the North Poler" Cook, according to the ltr, '!' alderc Wellmao'a fot of t'. ir lng ever attomptel by an siTona.it He pro)"ts ir i i ' ' ! ' ' V venture auJ l 4 i.m "... ? Atlantio wi.:i a.r i:iit i.i be an otJ.uu i, DR. COOK CHEERS V.