TIID OREGON DAILY JOURNAL, PORTLAND, WEDNESDAY EVENING, DECEMBER 21, 1910. 08. COE SUES ICUTEIEilS; 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 nd Pe Phcna T,!cssag3 Gives (Ncti That Jack Hardy Is Killed at a fountain Inn. ' rt (41 "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. ' .';. ........ . - '''-'"Benpttncefc'MoodyV'''" 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 . of Chicago. Unlverslt' Rush Medical college Churches (known) ,, Missions (Known; .......... Baptist foreign missionary fund . .i ............ Cure of hookworm diseases.. Harvard university 35.309,662 6,000,000 ; 8,100,000 2,300,000 Baptist Educational society i . yaie university 2,000.000 1.000.000 1,000,000 1.000.000 1.000,000 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 VETERA OF s Willi INDIANS DIES Elias Keeney, Pioneer of 184b, and Figure in Gold Rush, , Passes Away TRIES TO HALT KARL STREET IMPROVEMENTS 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 value. 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. CHil MES 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 ; DEIEPWES Civic Council Will Ask Mayor to Act on Hawthorne , Bridge Delay. . 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 i.r--r- .f ;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 children FIGHTING LABORER 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. 'if ill m j 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. t 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 $10,000. , ; HATPIN AND PEROXIDE USED By WOMEN IN FIGHT When the case of .Mrs, A. W. Breck and Mrs. May Prince, who were arrested last night for fighting, was called in police court this morning MayPrlnce, who had been released on bail, failed to respond when her name was called, and as a result a bench warrant was Issued for her arrest The hearing of the case was continued tin til Friday, The fight, which Occurred at Third and Market streets at 6 o'clock last night, was i the result of Mrs. Breck accusing Mrs. Prince of accepting the attentions or ner nusoand. a hatpin wMded by- MrfcBrwk'snd 1!ffhottl of peroxide In, the hands of Mrs. Prince were the weapons used in the fray. Mrs.; Breck got the worst of the fight, when she was laid' low 'fylth a blow over the eye with the bottle. The husband, who- witnessed the first part of the flifht. ran away when'the hatpin and bottlu appeared. ' l.i " 1 L 1 1 , 1 11 . ' - " ' "- "" 1 - - '-.'... "' f. ' .'J r'- - tar i. r j rip, 1 1n 1 4 n .4 : , ft mm h , j bji - m iw mtm$m!&& wmmsm ? Mir .etc mm ..mmin-siikamsmi 'tiummA::yl I if "!"'( HTutil n.- '.aiJisSi , .ISUi:: ' -tS' X ::,....- a : f:i'vf fi'tf v-iiBSa-j;!!! ffpi: I 'S::i x e j ? ' "!;f,J!i: ii'Miii Hi!lf;:;Viiif M ; ! 1 ;i! f .'!;;- -; ' h t-n-ii! i iim !i f It,' 'ahnffTfN V'' ' !- V'Vv:::: - ''""vi'hi' '"''i-V': . 'h ii'''u.iWiimiW,iiuikiiii ;;;,-.';. 1 ,,. ;; it ih rlii I i! j :' -"' i; 1 ' ' I I lliii i M J4m.lS- B ff '. ' $1 !WM i; : . '!; ;;i: ; , -.I .1 ;'- - ' . --j i i! 'i' lii :!;iMJ i : It ? t i ite ;q': ' 4; ' U ; U" it ::i:iS i ,li.tiiilini.tivtli,i,Uiillnilit;i;iliiltiiilliiiliil.iii.tliiiliiI y . ., , -rr-W-.'. i --::;;;' . Mi!i.'iT .;i: ?, ' .. , ' '-i :: ,t ' , r, ' , . ,-" , ., ..... .....!.....,-. . .. . ' ' : :f-; : ..'!..: if ," i ':.! ' i , i r' - ' " .... - , , '' -a '"i t':: '. 'I jilll'l )!iM! '! I. 'h-. rni-,' ' '" fF :i 'till' I i'i:", I1'"-',;., r t m n Is mm ! in;:',,-:-' . .. ., , ; -ii . : , ; i : :v : iliii I ! ! i !.: ill r M litelil;:;,1 -. ..,!iH H i. '; vh -. v , ' :;: : :: . , nisai! f ii1! W-i! lmM li! mm iMm i rm:: : ::; ' ' ' ! I il e ii iinn ii" iini i in n i in, i ni.hn mi , ..in 1 1, iiiijiiiri- niiiiiiiiin iinMiiM-MmiM.il inn ) ummmmMm ., ...... .. , , . .. , . i iiiuiiuiiiiyiiiiiil!illiniiiuil:)!'li:i! 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. . -.-., , LongDistancc Numbors 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 -OrderFro ui- Gataloguo Telephone and sil ordors will be f lUed on all t"" 'sa.nts. In ! daily a.'- 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 - ' M 1