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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 21, 1910)
TIID OREGON DAILY JOURNAL, PORTLAND, WEDNESDAY EVENING, DECEMBER 21, 1910.
08. COE SUES
Filing of Suit Against Him by
W. J. Furnish Latest Anglo
; in Battle Over inland Irri
:, gation Company's Affairs.
nrr'nri i rf) nin itrarfdifs in southern hai ifornia
OF CIG OlliWi
With Final Gift of $10,000,000
Turns It Over to Trustees
Phcna T,!cssag3 Gives (Ncti
That Jack Hardy Is Killed
at a fountain Inn. '
"There is a battle royal on between
W. J. Furnish and xne which I expect
to win at every point. While 6000 miles
away, whence the fastest ship would
not bring: me home for three weeks.
Furnish. J. H. Baley of jPendleton and
a professional f orecloser named H- I
Moody began a Systematic crusade to
wreck, ruin and financially destroy me.
"My mistake ! was .'in . trusting . the
wrong man. Furnish has made the
mistake In believing that If he could
create the financial havoc In my affairs
which he and his agents have accom
pllBhed that I would: not only be finan
cially bankrupt, but,, like some poor
rancher whom he had in his clutches, I
would be without spirit and courage.
, Dr. Henry Waldo Coe added . a new
chapter to the history of the Inland
Irrigation company's history this mom
lng, and the statements quotedabove
are portions of his statement made In
response to the news that in a filing
made yesterday by W. 3. Furnish and
his attorneys at Pendleton, Dr. Coe is
accused of bad faith, and notice of a
forfeiture of the contract with the
Portland physician Is given. , -..
i , Tiles Biff , Suit.
'Dr. Coe has filed suit for 11,400,000
damages against . Furnish and the In
land Irrigation, company. . In addition,
he accused his partners of treachery
and unfaithfulness this morning, say
lng: , ' '
"The statement that any transaction
which I had in relation to these land
sales was not done strictly in accord
anc with agreement with the Inland
" W.1,K TUT T Il'.l.
nish himself, is not true.5 v -
k "The statement filed yesterday claims
that I : owe Furnish $102,000 The
amount, however, snouia De aooui nu.
000, but against this I have an offset
of 170.000 ,ln commissions and . other
clafms authomed by the company and
. i . ...... i m 1 1 'in nnn
:S Ul lllOll' IV K lUlUI VL .UVUt XW,UVV.
i"Mr. Raley. the attorney who filed
the notice yesterday," was attorney of
the ! Inland Irrigation company, the
stocK or wnicn unaer me contract oo-
lones to me. This stock is in a Port
land bank in 5 escrow until one naif of
the bonds shall be paid from land sales
or until I shall purchase or cause to be
purchased a sufficient amount of bonds
added to those retired by land sales to
equal half the bonds. .
? ! Had raith in Attorney. .
J "All the money -paid by, Raley was
paid by rne. In fcdditioh Raley was my
private attorney and I assumed that In
transactions which he was handling oe
tWMn Thirnloh' and me that I was pay
insr bim ,not one fee hut. two. Based
nnnn this blief that he was protecting
; me, there were Injected into contracts
between us J certain ' technical things
upon which they new seek to elbow me
r out; of eastern Oregon.
t iiKewise aoBuiueu uu rmuuii
ft partner upon whom I could rely, and
who would protect my interests In good
faith. Believing this, I took a sea voy-
age as' I am accustomea to ao wnen
worn out and tired, and while 6000 miles
, away. whence the fastest ship would
not! bring me home for three weeks,
Furnish, Raley and a professional fore
closer named H. W Moody, began a sys
tematic crusade to wreck, ruin ( and
. ... 1 1 ......
""Moody is the man concerning whom
the supreme court , of Washington, in
two decisions based on his sharp and
cruel methods, declared that a plain
contract drawn by a bright partner of
hi most be declared void on account of
' the fraudulent operations of Moody out
stde the contract. ' .';. ........ .
f -When 1 went into the project Furnish
was irasaieu in iinn,
nhvsical . and, nervous wreck, and his
nrnioct was a loke. When I went away,
slnoe my advent into the company, he
had never put a penny'thereln,- and the
entire irrigation, service had been entlre-
,ly reuuut. . . . ' . -j- -
''Regarding the amount which Fur
rilsh now claims, whether great or
small,1 all of these sales were recorded
In the settlement of July 2, and the
i-i settlement thereunder of these
claims and my offset was postponed for
18 months In the contract of that date,
at which time no changes were made in
the ' methods of collection or handling
the business. -j.
"Before I left I had turned over to
,.jir.4 Furnish: andthe Inland Irrigation
contracts on land upon which
one third to one half had already been
paid and. the balance on these contracts
would pay Furnish all of his bond and
every other claim against the company
at -that time except what it owed me.
This settlement was therefore put off,
an I supposed to ft date when the only
individual left in the company would
be myself and it was not material how
the matter should tnen De setuea.
Trusted Wrong Man.
7 "All claims of Furnish were pro-
" vlded for as stated and now lie seeks
MTirte technicalities to take my inter
ests, amounting to 4800 water acres, In
the project' and valued at more ; than
11.000.000. My mistake was in trust
(tig the wrong man. Furnish has made
the mistake of believing that if he
fould create the financial havoc in my
affairs that he and his agents have
accomplished, that I would not only be
financially bankrupt 1 but, like some
poor '' rancher . 'whom 1,'he had,; in , hls
clutches. I would also be broken in
imlrit and without courage. :
4 "Instead of this I have reorganised
mv affairs.-;, I have a corps Of good at
tomeys and there is a battle royal on in
- which I expect to.beat Mr. Furnish at
every' point. ' .' "
i W. J. Furnish, of the Furnish Ditch
fiim nan v. both of Which have been
riiied for damages amounting to 11,400
0 00 1 by Dr. Coe, said this morning that
i reallv was not familiar with the
- contents of yesterday's filing at Pendl
but this his attorneys had been, in
?iructed to file a resume of the charges
made attftlnst Dr. Coe as a basis for
notice that the contract witn Dr. uoe
Chicago, Dec. 21.' John D. Rockefeller
has rounded out his scheme of bene
factions for Chicago, university, his
final and completing endowment being
of J10.000.00O, to be paid in 10. equal
annual installments, beginning January
1. He has now bestowed a total of
about $35,000,000 upon the university.
Rockefeller says be believes the uni
versity's future deevlopment will be
test assured if donations shall hence
forth be bestowed from other sources.
For this reason he announces that his
giving Is at an end. Gifts other than
those of Rockefeller already total 17,
000,000. ;-. i'-;:
Withdraws rrom Board of Trustees.
With the ' announcement of , Rocke
feller's final donation came the resigna
tion of John D. Rockefeller Jr, and Fred
T. Gates, Mr; Rockefeller's personal
representative, from the board of trus
tees. In enclosing these resignations
Rockefeller explained he was carrying
out a conviction that the Institution
should be ' "controlled, conducted and
supported by the people," with whom up
to now he had simply been cooperating.
Rockefeller's idea, it is said, Is that
he is turning over the institution and
its endowment to Chicago 'and the west
and in , so' doing withdraws from any
further representation in its control.
Donations of all Classes.
Rockefeller's known benefactions
aggregate more than $136,564,662. Prin
cipal ones are:
General ; education board .... $53,000,000
(United Pre Lernwd W!n.
San Bernardino, Cal- Dec. 21. In res
ponse to a long distance telephone mes
sage officers started today for Hardy's
Inn in Mill Creek canyon, on the Bear
Valley trail, where Jack Hardy Is re
ported, to have been shot and instant
ly killed. Hardy is a brother of Luther
Hardy, proprietor of the inn, and is well
known In the mountain country. The
rripsfjage gave no details of the shootr
lng.' :.- . r .
Rush Medical college
Churches (known) ,,
Missions (Known; ..........
Baptist foreign missionary
fund . .i ............
Cure of hookworm diseases..
Baptist Educational society i .
Juvenile reformatories. ,. , .t. . ;' 1,000,000
Cleveland city parks 1,000,000
Union Theological seminary. 1,100,000
Southern education fund...'. 1.125,000
Barnard college ............ J 1,375,000
Institute for Medical Research 2,000,000
Miscellaneous gifts 23,255,000
Willi INDIANS DIES
Elias Keeney, Pioneer of 184b,
and Figure in Gold Rush,
, Passes Away
TRIES TO HALT KARL
Attorney Ralph Dunl way has started
another suit in the, circuit court, ask
ing for a writ of review on an assess
ment of the improvement of Karl
street, between Mllwaukle and East
Twentieth streets. - The plaintiffs in
the case are George H. Cook, Fred
Fiedler, William Suers, F. Opits, Louis
Feuer. , Max Loeb, John Reisacker and
Thomas Denny. The city of I'oruana
is made defendant
In his complaint Dunlway alleges
that the reassessment of this improve
ment was not made-according to law,
and that it is confiscation of the prop
erty. He attacks ,tne, legality 01. me
proceedings by, which ' the street was
Improved, and asks that the city be
compelled to desist in further -attempt
ing to collect the assessment on the
work. On a former complaint, the court
granted a writ of review, and held that
the asessment was .improper. The
necc'ssary defects in the proceedings
were corrected, and a . reassessment
made. ' v
HVCOURT CHANGES MIND
ABOUT A. COMPROMISE
A stipulation between the government
and the Booth-Kelly Lumber company
to settle the suit to cancel timber claims
owned by the defendant company, and
which were allegedly taken up, by rela
tives of Robert A. Booth, fell through
this morning while the Interested
parties were about to sign it. ,
The stipulation was drawn by United
States District Attorney McCourt and
was agreed to by the Booth-Kelly com
pany. Just as Mr. McCourt was going
to sign it, he discovered the books of
the company showed the timber secured
from the United Btates to be more
valuable than he had known. A continu
ance of the hearing before Commis
sioner Brode was taken and the gov
ernment has sent an expert to Eugene
to- go over the books and . get at the
correct estimates of the timber and Its
Unidentified Persons Wound
Dangerously Abram Es- ,
parzo at Cclton.
(United Prat Led TTIre.)
Colton, CalM Deo. 21. Shot by Tin
identified assailants, Abram Bsparzo, 19
years of age, lies near death with a
bullet in his back. ' The shooting oe
curred last night and although officers
have searched unceasingly for the per
son who fired the shot, they have been
unsuccessful. ' Esparso's father was
shot a year ago, following a quarrel.
GRIP HOT AT ALL
As Vigorously Dominant as of
' Yore; Shelves Taft's Spe-.
' cial Message.
BUETGEN TELLS LAWYER
WILKINS WHAT'S WHAT
.. . . . i- ., j
"It Attorney M. O, Wllklns or any
body .else ; wents xp see the records
of this court they are liberty to do so,"
said N. D. Buetgen, clerk of the mu
nicipal court, whom Wllklns ' charged
with preventing him .from seeing the
books, "bat the examination will have to
be made at the proper, time. I do not in
tend to have anybody nosing around
my desk when I am not there, to at
tend to things." , ,
-"The lawyer is merely attempting to
locate all the cases where bail has been
forfeited in cases where no complaints
were filed or where fines were assessed
when a prisoner pleaded guilty, and, no
formal written complaint on the regular
blanks was made out, with the view
of .compelling the City to return this
money," explained Buetgen.
When Wllklna was ordered to leave
the books alone, while Buetgen was in
court,- he became enraged and threat
ened to bring mandamus proceeding
against the clerk.:..- .;,.,v ';
, ' (Did ted PreM Letted Wlr.
Washington, Dec. 21. -Declaring "cal
endar Wednesday'' was "peculiarly sa
cred, Speaker Cannon today refused to
permit the immediate consideration of
a special message sent to congress by
President Taft Less than 80 members
were present, in spite of the fact that It
was "calondar Wednesday." , , '
, Most of the session was taken up with
a discussion of the Moon bill for a revis
ion of laws relating to the Judiciary;
Taft's medal message- recommended
the adoption of a law authorizing Presi
dent Taft and officials of the state of
Vexas to mark the boundary, between
Texas and New Mexico. The message
was read and its consideration suggested
but the speaker objected.
The senate today adjourned at z
o'clock. It will reconvene January 5, e ;
Civic Council Will Ask Mayor
to Act on Hawthorne ,
. Washington, Deo. 21. The senate this
afternoon - adopted the recommendation
of the president autotizing him to settle
the Texas-New Mexico -boundary ques
tion. ?'X y "."-I '7.'
COUNTY CLERK SAYS
. COUPLE ILLEGALLY WED
;Upon a -marriage license issued In
Yakima county, Washington, a Justice
of the peace married Alfred F. Ly
ons and Miss Eullla G. Lewis. JThe
return on the marriage yesterday
reached County Clerk Fields, who con
tends the marriage is "illegal; The li
cense was issued. July 14. Lyons lives
in .Linn county, Oregon, and his- wife
formerly lived at Yakima. , They came
to Portland to be married. The return
on the marralge has been filed with
the county records, In case the couple
desires to be remarried.
. - Admitted to Probate..
The will of Annie Marks was admit
ted to probate - today In the county
court. She leaves $100 to her husband,
1500 to her sister. Ester Meyer of
Portland. $750 to two grandchildren, and
the balance of her estate to the three
STRIKES WOMAN IN FACE
George H; Dahl, a laborer, was ar
rested last night at the Pekin Grill -by
Officer C. J. Rupert after a strenuous
fight In which Dahl succeeded in break
lng away from the officer several times
and during his tantrams, managed to
knock Chin Hing, the manager of the
cafe, down with a stinging blow in the
face.7-XV ;- i v-f.'
The officer was called when Dahl be
gan to abuse a woman In the cafe on
whom he was attempting to force his
attention. As the; officer pulled him
away from the woman, Dahl spit In the
woman's' face. When they got to th
cashier's counter, Eahl broke away and
struck .Mrs. Lewis,, the cashier in the
grill. ' ' ' -
When the off leer got ' Dahl on the
street he again broke loose and at
tacked Hlng. In polloe court this morn
ing he stated that he had been drinking
and didn't, know what lie was doing.
His case was , continued until tomorrow.
No Indictments, and Hcbcdy
Held Responsi!3 fcr f'cx
, ican's Death.
" Officers of the civic council an
nounced today " that they Will appear
before the mayor and members of the
city council to demand that the penal
ties for delay on the Hawthorne bridge
be assessed on Robert. Wakefield & Co,
at the rate of $100 for each day's, de
lay.1 v Resolutions to this , effect were
adopted at , the meeting: of the . civic
council , Monday evening, .' as ,. were' res
olutions relating to, the proposed in-'
crease of teachers' salaries.! The lat
ter resolution read; " i r :
"It is the sense of this organization
that it indorses the action of the school
board in its avowed intention to, ask
the tax payers to authorize an increase
in the salaries of . the .teachers in ' the
public schools of district . No;, 1, Mul-
nomah county, bo that they snail ne
commensurate with the - salaries paid
for like services In other cities, and that
we believe such action is necessary , for
the Maintenance ,-pf the proper stand
ard : and efficiency Of . the educational
system In said district No. 1, and that
the employment and dismissal of teach
ers should be governed, by clvH-service,
or by some other similar rules." .
The date of 4 the meeting between
President John Haak of the civic coun
cil with two representatives from the
school board to devise a revision, of the
school laws and a reorganization of the
school board which was authorised Mon
day ' evening has not been set u The
four committeemen are to choose a $.n
to Join In their discussions. A meeting
of the committee appointed to , hear
complaints concerning service given by
public service corporations has not yet
been called. ,A committee of three from
the civic council, namely, J. H. Nolta,
E., 8. Mills and R. D. Merchant, will
confer with E. H. Bennett, municipal
architect,, upon his arrival in Portland
upon the proper location of public docks.
' (United rrwa Lcaied wir.
Rock 8-rlngs, Texas, Dec. 21. With
out finding indictments and without
fixing the responsibility, the grand Jury
that has been investigating the lynching
of Antonio Rodrlgue. a Mexican, whom
death caused anti-American riots In
Mexico, was discharged today. ,'
Rodriguez was burned at the stafte
after having confessed that he mur
dered an American woman. The lynch
ing caused an outbreak of serious riots
in Mexico City and other Mexican towns,
and the ' Mexican government aaked
Washington for explanations of the af
fair. The state department asked Gov
ernor Campbell of. Texas to investlsats,
and the governor reported his willing
ness to do so. The grand Jury hearing
was a part of this Investigation.
ACCUSED OF WORKING
GIRLS OVER 10 HOURS
Robert J. Campbell, one of the de
partment managers of .the . Meier &
Frank store was arrested this morniw.
on s warrant sworn out by State Labor
Commissioner O. F, Hoff, charged with
working two girls of the store more
than ten hours a day. ; ;
One complaint was made In behalf
of Miss Jennie Floyd who is said to
have been compelled to work more than
the specified time on December 19 and
the other in behalf of Charlotte Gustaf-
son, who worked more than 10 hours on
December 15. I ...
: Campbell was- taken to the station,
but Immediately . released on ball. - .
Roller skating craze has hit the coun-
COOK WILL LAND AT '
' NEW YORK TOMORROW
(United Press Lenwd Wire.)
New York, Dec. 21. Dr. Frederick A.
Cook, who Claimed that he thought he
had , discovered the North Pole, will ar
rive tomorrow on -the steamer George
Washington. No committees of citizens
or naval pageants will welcome him to
New York as the explorer was received
a year ago. "
Dr. Cook Is returning to spend the
holidays with his family. .
JUDGE REFUSES TO
TAKE CASj: FROM iURY
Judge Wolverton In the United States
district court today refused to take the
suit of Mrs. Will lmlna Eastern against
K. L. and S. A. Kendall from the Jutj'
and direct a verdict for the defendant.
Tho suit is to collect $7500 for the death
of . the plaintiffs son, a lineman em-,
ployed by the Pacific Btates Telephone
company. A non-suit was asked for on
the ground that the defendant company
is not compelled to insulate its wtret;
where they cross those of another con
cern. It was at such a crossing that
young Easton was killed.
Ellas keeney, who had one of the
most' isterestlng careers of any early
Oregon settler, (died yesterday at Good
Samaritan hospital. -, Mr. Keeney was
82 years Old. Dr. Homer I. Keeney, a
son, will accompany .: the body to
Brownsville . tomorrow afternoon and
the funeral will be held in Brownsville
Friday morning. . ." . - - f- - '
Mr. Keeney was born m Missouri
and, ,with his brother,' Joined ' an emi
grant train that left . his native state
In 1846, reaching the Willamette val
ley in; September of.; that year. He
took up a claim near Brownsville and
his home has been in that town ever
since, excepting a few years residence
In Eugene. ,;'..:., ' - " :. ;'-
When the Cayuse war broke out In
1847 Mr. Keeney Joined a company or
franlced to relieve eastern Oresron set
tlers. ' They reached Walla Walla soon
after the Whitman massacre, and found
the dead strewn over the battle field.
After the Indian campaign, in which
he participated in several battles, Mr.
Keeney returned to Brownsville and in
1849 went to California, making for
the gold fields. He cleaned up $15,000
worth of dust and carried it back east
alone, riding on horseback all the way.
He invested the money in cattle, but
in driving them bftCK many were lost in
bllzsards and Indian raids. ' ,'
Mr. Keeney was married three times.
He is survived by seven children who
include Dr. Homer I. Keeney of Port
land, Mrs. James McThoryule of Port
land, John Keeney of Clatskanie, J. M.
Keeney of .eastern' Oregon, Roy Keeney
of- Washington state. Mrs. Alfred
Wright of Turner, Or., and Mrs. James
Bond of Halsey, Or.- -
1 notice that tne cp
had been forfeited.
SUES MAN "AND WOMAN
' TO RECOVER $6500
' Suit was etarted today In the circuit
, court by Henry Schollhorn against, Rob
ert - K. and Barah it, i-iavis to recover
16500 on a note . which "they gave him
for borrowed money. R. S. and Alice
Howard are lo made (defendants in
the suit as they claim an interest 1
the property on Willamette Heights,
which Mr. and Mrs: Davis, gave for
nrtree on the loan , !
WOMAN CHASED BYJ3ULL
. GETS $250 DAMAGES
Mrs. Lida C. Green, living "under the
hill" on Fessenden street, St. Johns, was
awarded $260 this morning by Judge
tiamuion in tne circuit court for dam
ages for injuries sustained while run
ning away from a Jersey bull, t W. E.
Ashby is owner of the animal, which he
kept in a lot within the city llmlU of
St. Johns. "-' t.:.....,.,
On the evening of March 19. Mrs.
Green had occasion to cross a vacant
tract of land. There were three other
women With her. The bull took after
them., -. The three women outran the
animal and Mrs. Green was compelled j
to jump a nign rence. while Jumping
the fence she alleged Injuries were re
ceived that would be permanent. Ashby
said the bull was not ferocious, and
that the women had no need of running.
Judge Hamilton held that Ashby
should have kept the animal confined.
He further , held that Mrs. Green was
not permanently- Injured. He gave her
Judgment for $250 damages. She asked
for $10,000. , ;
HATPIN AND PEROXIDE
USED By WOMEN IN FIGHT
When the case of .Mrs, A. W. Breck
and Mrs. May Prince, who were arrested
last night for fighting, was called in
police court this morning MayPrlnce,
who had been released on bail, failed
to respond when her name was called,
and as a result a bench warrant was
Issued for her arrest The hearing of
the case was continued tin til Friday,
The fight, which Occurred at Third
and Market streets at 6 o'clock last
night, was i the result of Mrs. Breck
accusing Mrs. Prince of accepting the
attentions or ner nusoand. a hatpin
wMded by- MrfcBrwk'snd 1!ffhottl
of peroxide In, the hands of Mrs. Prince
were the weapons used in the fray.
Mrs.; Breck got the worst of the fight,
when she was laid' low 'fylth a blow over
the eye with the bottle. The husband,
who- witnessed the first part of the
flifht. ran away when'the hatpin and
bottlu appeared. '
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MEIER & FRANK'S was the first store in the Northwest to fully
utilize the telephone, in business." Iow we have perfected
plans for a k 1 - " ' - 0 '
Complete Free Long-Pist&nce Telephone Service to
Meier & Frank's on Both Pacific and Home Systems
Just call vour local exchange and ask for the Mail Order De
partment of the Meier & Frank. Store, Portland, telling the operator)
: to reverse cnarge-nve payior n,::K
In this way you can give your order to the heacj of our. big Mail
'Order Department, who sees that it is filled personally by one of .
tne expen snoppcrs iii uur uui-ui-iuwii uiviMoa. ,
If your order is taken from our Mail
Order Catalogue, give the catalogue num
ber, size, color, etc. State; also whether
purchase is to be shipped by mail, express
or freight. . -.-., ,
Horns A 6101
Customers in all cities and towns ad
jacent ' to ' Portland on ; either the" Pacific ;
(Bell) or Independent Systems may use ;
this free telephone order. service to their,
hearts' content no extra charge; ; '
All Eiftff"THi 'Orders t
liMOITEr; You by
Telephone and sil ordors will
be f lUed on all t""
Stat4 to oout-Tjr ana r
Tid4lot tu:i rr"in
stock. Jllo"iy aH.i.-
ia "otUf"iiT I 4:l Ci'iUr ( ,r
wM."h"lo 1 i 1 ' t - '