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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 9, 1916)
0 ' . THIS . - V i! WEATliEIi II Tonight and to- 5N - ' morf ow, ram; CI K 1 ' ' Humidity. 79. PORTLAND, OREGON, WEDNESDAY EVENING, .FEBRUARY. 9. .tfU SIXTEEN PAGES. PRICE TWO CENT. Shlz0 cZ VOL. XIV. . NO. 288. BRUNDEIS AIDED RAILROAD SAYS Clifford .Thome, Chairman, of State Railroad Commission, Appears Against Nominee ;: for Supreme Justice. : , CLAIMS HE BLOCKED AN .' ATTEMPT TO CUT RATES Broke Faith With His Asso : ciates in. Railroad Rate Case, Claims Thorne. ..Washington. Feb. . (U. P.) "I charge Brandeis with being guilty o a breach of faith." ,.: This: accusation was hurled against President, Wilson's nominee for United States supreme court justice, Louis D. Brand els of Boston, by Clifford Thorne, Iowa railroad commissioner, today.. In a hearing as to Brandela' fitness for the post. Thorne claimed, too, that the Bostonian had betrayed his trust "In one tf the gravest and most Important cases ever tried in this country" the 5 per cent railroad rate matter. Thome's sensational declarations, and the defeat of Senator Clark's ef fort to send the hearing to the full Judiciary committee, which is un friendly to Brandeis, Instead of having it before a subcommittee, constituted the features in the opening fight on the lawyer. President Wot Mentioned. , Reports previous to the hearing -were that Thorne would charge the alleged breach of faith to - Brandeis' deal re . to pre ven t President Wilson's political career front being shattered by an adverse decision of the rate case, that might react on the coun try's business situation. This charge was not voiced; but Thorne did : charge that Brandeis had assumed a position In favor of an increase, when such was not needed. ' Thorne declared that Brandeis 'had represented the seaboard shippers in 1910, while v Thorne represented the .western shippers. Two questions were the& at stake: . Were the railways entitled .- to more revenue, and If so, ,pr fnjnt ; . . y "L. O. O. Retained BrTttadats. ; ' In ' 1919, the ' Interstate Commerce commission retained Brandeis as spe cla4 counsel in the five pet 'cent rate case. Thorne read the letter in which- 'the commission engaged the Boston at torney. This instructed Brandeis not : to attempt to prove any particular side. - "Nevertheless," said Thorne, "he committed himself to the proposition that a return of 7 $4 per cent on the in vcstments of the railways-was inade quate and niggardly." , ,, Thorne said that Brandeis had ;in- i f luenced the, commission to have the Thorne argument against an increase placed ahead of the railroad attorneys, though Thorne had asked to follow 'them. The next " development was. ( Thorne s discovery that Brandeis be lieved the railways were not earning ; enough, ? Brandeis Helped BaUroads. .' "I was -dumbfounded," said Thorne. "He admitted what the railways had been ' trying for years to prove by '- every possible propaganda." - "But, interrupted Senator' Walsh, , "Brandeis only argued that their net I revenue was inadequate. He did not admit that the - gross returns were Inadequate, did he?" " . , "All we discussed was the net rev ; nue," replied Thorne. . Water Plant Slay Be Bought. -v Mllwaukie, Or.. ' Feb. 9 Attorney ' W. s. U'ren appearing for 'the Mil waukie Water company,, has made ; a proposition to Mllwaukie offering the plant and all waiver rights - to re---: cover . any damages through . courts. ' for $5500. A special election, will be . called whereby the, council will - be .. given power to complete a settlement. Italy Expects War With Germany, t London, Feb. 9. (U. P.) Italy Is 'expected to declare war on .Germany. ; and announce her participation c In - the Balkan campaign as a result of '. Premier Briand's trip to Rome, Paris reports said today. - Biiand Is leaving Paris for the Italian capital today. I T"HE classified columns ? carry hundreds of business . news:,items : daily. Any of them may ; be the 'means of saving you - money s arid supply ing you , with just the thing you wanted. i. - -- ' Hew Today '-' MORTGAGE loan on Improved , city and farm property at cur rent rates. Attractive repayment privileges. No delays. - ' ror Sale KlseeUaieoa 19 ' ? FOR SAUE TABLES White i - crockery Abies with base, bot-, torn and upper shelves; also oa : tables with drawers. , ; T - " 1 or Beat Halls 59 PORTLAND S newest and pretti est lodge hall. ; ,!TH Journal has the" v largest, daily ,circula-, tion of any rrewspaper in ' Portland and its trading radius. It leads . both morning and afternoon newspapers.; Bombs Rained UponRamsgate by 2 Airships Prftisb Admiralty Reports That No V Damage Was Done by German Haiders. London, Feb. U. P.)-Two Ger man aeroplanes bombarded Ramsgate and Broadstairs at 8:30 o'clock this afternoon, ; but5 the admiralty an nounced that they did no damage. Ramsgate Is a seaport town of Kent, (7 miles from London. Broadstairs Is a' watering plaee two miles from Ramsgate.. That the aeroplanes were the new Fokfcer type which England has feared would raid her coast Is likely. . Germans Bald Salonikl. Athens, Feb. 9-I. N. S.) German aviators today were reported to hav made another raid against the allies' encampment at Saloniki. The ma chines were driven off before serious damage was done. CITY WILL CONSTRUCT 01 VATER PLANT IN ST. JOHNS DISTRICT Council Decides on Course Today; Private Company Sticks to Its Price. The city is to build its own water plant within the St. Johns district. according to a decision of the majority of the city council today.. The action was taken when a repor: of Commissioner Daly authorizing the water bureau to begin operations was adopted. The report also provided that City "Attorney La Roche should draft an ordinance providing- for the sale of $125,000 in water bonds to pay for the cost of construction. 4 Unless the company lowers its price of 1109,550' for the plant, today's ac tion " means that the city will build its own system. So far, however, there has been no word received at the city hall ' that the company will lower Its Price. . When appearing ; before r the council a. number of days Ago,. offi cials ox the -company .said that : their offer of 1109,650 was final. ' Three .Jkxrn Sox, Two Against. - - The report was adopted by the. votes of Commissioners Bigelow. Daly and Baker, while Mayor Albee and Commis sioner deck opposed the plan, contend ing that the amount asked -was a fair price. " ' ' . In explaining his stand Commis sioner Baker said that he was willing to pay sios.qoo for, the plant and If the company did not accept that, he was willing to have the city build its own t plant. Believing that It wohId bring tne matter to a quick issue he voted for the report,; however. . commissioner Daly opposed Bavin even $108,000 stating: "If the company i willing to ac cept $109,660 for its plant It is willing to accept. ioo.uoo from the city. I do not believe that it is worth more than $100,000 to the city. The council will make greater progress If it allows the water -bureau to go ahead with its plans." ; ' . - Company Expected to right. It is probable that any nlana of tha city to build a plant of its own wift be resisted by officials of .the water com pany as they contend that they hold an exclusive franchise to supply water m tne aisirici ior a period of three years. City Attorney La Roche, how ever, says that the company does not hold an exclusive franchise. Mud Slide Blocks The Oregon Electric Blow Order . Sole on Use "Especially la Oats, and, Tills Along Kiver; Slide near ororuis. Mud slid down from ' the side of a deep cut on the Oregon Electric early toaay, at a point oetween uarden Home and Barstow, blocking traffic, for several hours. , The slide was of com paratively email extent, about 3 0 feet long and covering the track to k deoth of two feet, but It was troublesome to remove because of the instability of the embankment. , Slow orders wer - the rule anions trainmen toaay ail along the Oregon Electric especially in the cuts, on the" fills and along- the river, where some 'trouble has been experienced with high water. Lack of satisfac tory wire connections also contributed to the delays in handling trains. -A slide 'near Oroyilla yesterday has been ciearea away and the high water that had backed into the Corvallis depot -, had . receded materially this morning. - . . . . - No troubles caused by slides or high water had been reported, today by the vj-w. jn. & J, or tne rorth Bank main lines, trains: running -practically on scneauie. . s - 4 All Schiools Are Open Except at Willbridige All the - public schools, 1 except ' the portable at Willbridge, are In session today: for the first time in 10 days. . It is expected Uhat the schools will be able to continue now without interrup tion. The bus could not get through to Willbridge this morning, but it is ex pected that school will be open tomor row. v i Deny. Kitchener to Resign. - London. Feb, 8. (U. P.) -Well in formed persons r denied today: Earl Kitchener; war lord. Is going, to Egypt soon or that Lord Derby to succeed him in his present post. - It war aid no changes itr- the ministry are "con templated. 5 - - - IN 3-HOUR FIGHT German Commerce Destroyer Reported Taken by British Cruiser Drake in Running Fight Near Bermuda. ' TWO GERMAN PRIZES ARE TAKEN WITH HER British Report 32 Officers, 719 Men Taken With the Three Prizes. New York, Feb. S. (V. P.) The Globe today said, that a Bermuda mes sage reported that the British cruiser Drake, after a three hour--fight. 200 miles northeast of Btrmuda, na cap tured the German cruiser Roon. The Roon was one of the vessels named as the possible captor of the British liner Appam, recently brought into Norfolk. Two merchantmen, one of them armed, were said to havei witnessed the battle. The Globe said It was unable to make public the source of Us message, which was as follows: "Drake here today towing. Boon. Took her two hundred knots, east, northeast Bermuda, three hours, run ning fight. 'Lost Danfortb. Is men. Her loss is about one third. Struck as we came abeam. Took two merchant men with her. one armed. Took both. Brought here.' Seagrave on sighting Roon haid: 'Please God - today I'll avenge Cradock. Roon badly knocked about. Thirty-two officers, 719 men taken In the three prizes." Seagrave. mentioned above. Is prob ably the captain who was- with Ad miral Cradock whose squadron was destroyed by the Germans some time ago. Danf orth. the Globe . said, was probably a lieutenant. The British consul here had no confirmation of me story, sue it was .regaraea as per haps "significant that the British em bassy at Washington Saturday night informed the united Press that the captor of the. Appam. had been cap tured, but refused the source of its in- .... . - . t : . ' .- ' ' ' 'The, British cruiser Drake has mads 24.6 knots and Is- one of the beat ves sels of the cruiser type in the British na.yyi.She' displaces"! JiOff tons. 15 feet long and carries two 9.2 inch. six. teen inch an,d fifteen ''smaller-guns. She was completed In 1903. She cost about $5,000,000 to build. Her crew numbers 900 men.. The Roon Is a slower boat, making 21.17 knots. She displaces 9060; tons, is 403 feet long and is armed - with four 8.2 inch, ten 6 inch and eighteen smaller., guns. She Is newer than tha Drake, having been completed in 1906. Her complement-numbers 6(7 men. nor mally. , ., - LINER 0RISSA MAY BE A VICTIM OF GERMAN RAIDER ON ATLANTIC New York, Feb. 9. (U. P.) The 5358-ton British- passenger - liner Orissa, plying betweerl South America and England, is believed today ' to be at. the bottom of the ocean, a victim of a German , commerce raider. The report that this vessel had been destroyed -arose from a London cable; to a .Wall street firm saying that "a large, passenger .steamer had met with a -terrible accident in the North Atlantic." The Orissa was last (Concluded en Page Four. Column Three) JOHNSON CREEK GOES ON RAMPAGE; LENTS IS PARTLY SUBMERGED , . . - ; i - - - . . Foster Road Under 2 Feet of - Water Near Junction, It Is Reported. . , , Flood conditions prevail in the- coun try around Lents due to high water in Johnson . creek, a" stream which tra verses the Lents district. Swollen by t the rain and melting snow, Johnson creek is On rampage, overflowing its banks so as to almost cover with water the entire country side from Lents Junction to Sellwood Gardens. . . . Foster road. where . It 1 crosses the stream, is nearly two feet deep to water -and the lower floors of some SO houses near Lents Junction are flooded. ' At Sellwood Gardens one house - is reported' to be In water up to its porch. . ., . . . ' . Johnson -creek was reported to be subsiding at noon. Banker Frozen to Death in Alabama ; Mobile.; Aluw Feb. .!. N. S A. "W Sceals. a wealthy banker of Foun tainbleu. Miss.; who had been missing for a week, was found frosen to death today. This is the first instance of th -kind tin the history of the Gulf coasts . -; .- ... I i . - . ; V ; Lincoln Bound for Kurope. ' i London Feb. 9. U. P.) Ignatius Lincoln,' an alleged German spy "who escaped from New. York.? is en route to - Europe incognito, - according . to an unconfirmed report ? today. -: His - wife is reported to be en route to Germany,, Coast to Ship Arms to China. Los Angeles. CaL. Feb. . P. N. 6.) . Arrangements for large shipments of arms and munition front San Fran cisco, Seattle, Portland and Los An geles to aid - in a revolution against 'X'uan Shi KaL recently proclaimed enn--peror-of China, are understood to have been admitted her4 by the Los An geles agent - of a large munition fac tory. - The deal ir headed by Sa Francisco -Chinese, it is said. Indict Society Woman. ' New York, Feb. 9. (I. N. S.) Mrs. Whitney Warren, society woman ' and the wife of one of America's foremost architects, was indicted here today on charges of undervaluing goods brought from Europe in November. ' Mrs. Warren. is charged with .bring ing over gowns and millinery ' which She said were , worth only $1600 and which government appraisers valued at $10,000. Sie pleaded not guilty and furnished bail,, in the sum of $2500. . .. , a - Czar Ferdinand In Berlin. Berlin, Feb. 9. I. N. S.) Czar Fer dinand of Bulgaria, accompanied by the Bulgarian premier, arrived at Ger man headquarters today. Imperial Chancellor von Bethmann Hollweg and Foreign Minister von Jagow went into conference with - the Bulgarian ruler immediately after his arrival. Secret Wireless Stations. Washington. A Feb. 9. (I. N. S.) Numerous secret wireless stations on both coasts of the United States are being operated by German and British agents, according to information re ceived by the navy and commerce de partments. .... It is believed that the information is largely responsible for the govern ment's recent decision to take over all private wireless stations. 300,000 May Strike. New York, Feb. 9. (I. N. S.) Three hundred thousand additional garment workers today were expected to join the 100.000 women already out on strike. Mayor Mltchel is attempting to straighten tit the difficulty. . Police are patrolling the strike district. .-Officials of the union and the city will meet tomorrow and attempt to adjust differences. Steamer Without Fuel. San Francisco,, Feb. 9. (U. P.) The steamer Mary Olson, owned by the Olson & Mahony company, is adrift in the Gulf of Mexico-because of lack of. fuel, .according to wireless reports received here today. The owners will rush fuel to the disabled ship at once. Mud Wrecks Six Seattle birisSlToday One Woman Hurt When Avalanche Sweeps Down Alki Avenue and , . Menaces Life. R.iHU VPanh DVh . fTT. P.I Six homes were wrecked "When an av alanche of mud Jaroke loose and swept down on Alki avenue t 1:46 a. m. to day. A doxen .women and Children es caped by orawling-TOut. of the wreck age of their homes "Mrs. K..M. Iteis was - cut Byoeui mv uuhu kuu .ui while climbing out of her demolished house. A mile and a half bluff. 160 feet high is , threatening to slide. .. Many residents in the hilly . sections . of the city have vacated their homes and sought safety in regions removed from the danger sons. . Many nouses, locaiea beneath overhanging bluffs or on In secure hillsides, have been vacated. Th. siirio which Monday nlsrht caused the. death of Mr. and Mrs. Ed ward Guerney haa resvutea m tne po lice . taking precautions to, prevent a second .disaster, .and many have been ordered, to vacate dwellinss situated in dangerous localities. - ' The body of Guerney was recovered latA vesterdav after . firemen had sluiced the" fallen earth. Fl L NOTE IS ALL NEEDED TO CONCLUDE THE LUSITANIA CASE Germany and United 'States Agree. Upon Germany's In formal Memorandum. J - . Washington. Feb. 9. iV. P. The Iriisitanla nearotiations today awaited only the arrangement of technical de tails for a final satisfactory ending. Berlin will receive shortly oy cable America's provisional acceptance of the German "last word in the case". and this acceptance will be- complete when Forei gn Secretary, yon J agow at Berlin substitutes a format note for the - informal memorandum Ambassa dor von " Bern s tor ff presented to the administration. - . r' ' ' '- ' This memorandum, which President Wilson agreed yesterday would be ac ceptable when "It was translated in to a formal note specifically denoting that It was in reply to the American note. Is held practically to concede Ameri can demands. i;7 :" : y-.- . . ' In effect, it is a real" disavowal of the torpedolng,; with loss of Ameri cans. ' But . what - the president con siders is even more important, is that the reply furnishes a precedent and basis for International lrfw to govern submarine warfare. j The immediate cause for this satis factory ' termination of a' dangerous controversy is known to have been, the report Colonel House forwarded as President; Wilson's personal envoy, . : ,. While the contents of : this ': report may never be made public it Is -understood that the colonel emphasised con ditions he found tn Germany to have been:'' li'ii.--' -- A spirit that Germany had made her final concessions. . , . V : ; ' -A growing demand, for .resumption of i Concluded ea Fax Four. Column Two! ,r ORMA TRAin WRECK Passengers and Train Xfew Escape Injury When Seven t Coaches of Great Nortfiern . Leave Rails at GranJle OCCUPANTS OF CARS; I SEVERELY SHAKEH- UP Six to Seven Hours Nettled to Clear Wreck and. Ra- pair Track.- All North Bank trains were tied up at Granddallea when seven . coaches of Great Northern train. No. lj left the rails at that point at 7 o'clockUhis morning. The. cars pitched over on the side. . i No one was injured. The report re ceived from the conductor of the.trjua by the S., P. A S. oi f leans-.' states tat the train was moving slowly at, the time of the accident and was stbiJped Quickly. .The passengers afl , were given a severe shaking up, however. It was estimated here that between six -and seven hours would be required In which to straighten out the .wreck and repair the track. The report of the cause was lacking, but it is believed to have been caused by a broken ralL No. 1 was due In Portland- at 7:45 o'clock tonight. FOR ANTI-ALLY PLOTS Federal Agent Said toHave Secured Dictagraph ReSird ' of Conferences. Boston, Feb. 9. (tT. P.) Tat' Ger man agents, active . against Canadian and American munitions - plants, have moved their headquarters to 'this city is believed here today. Indeed, reports say that Federal. Agent Schmidt. . act ing on a tip from British Ambassador Spring-Rice, trailed the alleged. . plot ters to an office In the business dis trict on Milk street and took a, dicta graph record of their conferences. ' The hasty move . of - the ajgehts - to this city is thought tQ have "been the result of -a hurried trip Schmidt's as sistant made to Canada. , ' -. . Customs Collector Billings and Uni ted States District Attorney Ander son have gone to Washington snL this may mean that they are reporting -to their' superiors as to the new - base of anti-allv .actlvitl Authorities here hint, that other cities have become too "hot" ta th plotters and that they decided to make tneir Headquarters . here, inasmuch as Boston has been free from suspicion In recent, plotting cases.;, Tne alleged plotters are said ft? have gone to '; their- , rendezvous .il, the llmOUslne ' of a Dramlnnt Rnttnd m.h who would be In a. position . f . bay dynamite without suspicion bet ig- di rected against 'him. jj. Ottawa , Investigates- '. ii C " Ottawa. , Out. : 9 fT M s The , inquiry . into - the : causeyff , the Kuuiwimuun t wmca aesirorw tne parliament- building - will opepifth ciiy naii on Tnursday, . - , The - architects will be call id, first to produce plans of the buSldi gm jand after these formalities are ovSr 'those persons will be called who wer closest to the scene when the fire started. ' . Montreal Fears for City Hall. Montreal, Que, Feb. 9. (I. ii.'.S.)--Tbreats to blow up the Montreal . city hall were received In Ottawa today by Mayor Martin of Montreal. , He is hurrying to this city. Policemen are guarding the building. te clty rec ords have been removed. j' ; Stone Can Be Used j On Local Postof f ice Washington. Feb. 9. f WASHING TON BOREAIT OF THE JOURNAL.) Stone can be used within the cost limit, for the ; P.iilund postoftice, treasury officials state. The use of brick urged by the Portland Chamber of Comerce ' representatives, - involves the redrafting of the plans e4 sev eral weeks' delay. - Architects Itobart Is- still going over the plans, iii ' . . Senator Chamberlain . . was jfcnong the. 60 guests at the supreni ' ! court dinner at the White House las' night. , - - i . - . Russians Defeatfl , ; By Persian Tribes . - V' Beriin. Feb. tw I-N. S.) eBv Wire less to SayvIIlei) That Russian forces in Persia have met with a severe defeat at the hands of Persian tribeamen. and that they retreated in disorder Mtas the advice received here today in 4. report from Constantinople. . The- report . said the Persians recaptured .Sandshulak from, the Russians.- ' j t i - ; f " i ' il i I iif in. - 1. I. . " 7 t'Jfk? -7 'Serbs Check Austrlans'.. r?;i ' Corfu, Feb. (I. N- S.) The' fol lowing 7 official statement was ' Issued today by the Serbian war- office: i - "Wi have -checked . the Austrian ad vance -toward Xhirazzo, capturing 200 mCn.'. t- -J.-i t .". i, .t BOSTON IS BELIEVED? TO BE HEADQUARTE JS Relief Reacted ;H Sick Man Fciced fS County Sends . Relief reached James E. Templeton. snowbound and enfeebled in his moun tain cabin on the Columbia river, high lands. Just 'when he had given up hops and .believed himself overcome by th blizzard. . -;';.. The relief expedition was sent: out by the board of county commissioners and' H.' D. Griffin, chairman of 5 the county board 4 of relief. Th rescue party returned to Portland last night after several days of toiling on snow shoes through the deep drifts, over obliterated trails. " - - Templeton Is crippled with muscu lar rheumatism. When the first deep snows came, he found himself unable to ventura out to cut fuel. Last week the shake roof of his shack collapsed under its. weight of snow and his lit tle stove was overturned. Us could not set it up again. He subsisted on raw meal, sugar, condensed milk and uncooked rice.. . SCaa Xoaderod Xelpless. Being unable to set up his stove or to get fuel for it If he had succeeded, Templeton took to his bed for warmth and, when f oand by a party of three Maxamas and a homesteader who lives near, the man was so ill from his raw food diet and so benumbed by cold and his rheumatic condition as to be. help less..'- -v.V - ' ' ' The rescue party consisted of George X.- Rlddell, R. L. McLeod and T. R. Conway, who were directed to the Tem ALLIES PREPARE FOR OFFENSIVE IS REPORT Movement Toward Bulgarian Th race and French-Disembarkation Are Expected. London, Feb. , 9. (I. N. 8.) The Athens correspondent of . the : Daily Mail telegraphs: . . . . . "It la reported from Bucharest that the German and Bulgarian army com manderg ' Intend to1 requeattha with drawal of. the neutral powers at' Mon astlr .in Bulgarian and Turkish Thrace and in other war. aonesiuii,: . "TM- antes at- . Salonikl. after en trenching thoroughly, are now making reconnalsances." - s The Athens Hestia. according- to a dispatch to the . London Daily Tele graph, states that fundamental , dif ferences . exist . between, Bulgaria, and Austria .on , the question of an attack on Salonikl. , Hence the delay that has occurred., . It is believed.". that : an arrangement In principle has been arrived - at, but many details remain to be settled. , . "Germany," concludes the "Hestia. "has,-- however, ; to replace- the 'Turkish forces that have been withdrawn from the Balkan front and sent to. the Cau casus."' ' ' . ' ' - On - the other hand : the . Ethnos in the course of - an article on the position in Macedonia says: - "All signs Indicate that' the f allies are definitely preparing an offensive. Their attention lately 'has been turned to the east and the indications are for a movement toward Bulgarian Thrace, and farther - disembarkations ' in ' the Golf ; of Orphanos ' of . French army corps are expected shortly; , : "The -allies calculate ' that - there are 130,000 Bui gars on the frontier. It is noteworthy that since - two German regiments have reinforced the Bulgara in - the - Doiran-Strumnltxa ' sector, the Bulgarian desertions acrosa the Greek frontier have ceased, s ' ;- "There is still no reason 'for expect Ingi an attack on Salonikl. "The key .of the situation really lles'ln Vienna and Sofia, where negotiations continue to obtain Bulgaria's -participation, with out which an attack would he impos sible." v SCHULTZ CONVICTED OF THE PROHIBITION LAW Jury in Perkins Hotel ' Buffet Case Deliberates " Less Than One Hour forVerdict. George Schultx, proprietor . and lessee of the Perkins .Hotel buffet since January ' 1, , was , convicted today by a Jury In District Judge Dayton's court on a charge of.' maintaining a nuisance under - the dry laws of . Ore gon. , The Jry retired just . before noon and was out - less : than an . hour, returning sealed verdict in the ab sence of the Judge. The verdict was opened at 9- o clock. .j . - The sentence ' was . three - months) In the county JaiL The Jury recommend ed leniency. - - - - -r Schults attorneys will 'appeal. - ' Basing his argument almost entirely on the assumption that even tf his client be guilty of selling liquor con trary, to law. tne atate exceeded Its authority, and overstepped the bounds of .propriety in- obtaining r evidence. James McCuo consumed virtually the entire morning In arguing- this phase of the casav-fr".i . i.-,v----.? c-- "--. . -McCue endeavored to show that Dep uty Tungerberg, who bought a bottle of. liquor from Schults. was a profes sional witness - and, : therefore, unre liable. He declared further that every witness in the case was prejudiced." - Throughout - his argument. : McCus persisted. In- tho expression "commit- FROM GREEK SOURCES FOR VIOLATION iCoocludsd a Pace Jfc Columa roar) Out E pleton cabin by a' rancher named Bel lings. "The Portland party started Sat urday night, leaving the train St Bridal Veil. where supplies were obtained. From that point on. the relief , party had a constant' fight; with drifts. - It required three hours to go from Bridal Veil ' to Palmer, four miles. At o'clock Sunday afternoon the - men reached Multnomah basin, where they met Bell in gs, and stayed the night at an abandoned cabin. The expedition was . renewed Monday - morning and Tentpleton's cabin was reached in four hOUrS. ' - ' One Xesoner Bemalns. - ' After setting up tie stove, clearing the snow -from . the dooryard and cut ting a week's . supply of wood, - the Portland men returned home, renew ing the fight ' against . the blixiard. Belllngs remained to provide mors fuel and get the cabin roof repaired. That Templeton would - have died within a few days bad -, net relief reached him was the declaration today of members : of the rescue party, who said he was suffering Intensely 'from exposure. - - Templeton Is a city man who. had taken up a homestead on Cub moun tain. Last year's mild .winter con vinced him that he could remain safe ly this - winter' with his temporary abode, which was merely a tent bouse with a shake roof. DANGER AT PORTLAND FROM HIGH WATER !ES Willamette 'RfverTis 7 Rising; Crest Will Be Here Friday. : Is Report. ' :-: ',. . Danger to Portland : from floods . Is dependent largely upon the behavior of tho Columbia" rlver.'.according to Dis trict, ForecasterBeala .-.;.-;-4 If the Columbia, swollen by i rains and melting- snows, comes down with a -rush - from the - upper river ' country before the Willamette Is given 'so op portunity .to subside Portland will-un doubtedly suffer. - rT:-x-: Just what the Columbia IS doing or how it la acting Is not known In Port land, due to the-fact, wires-are down aud it Is impossible to get reports, r -At Lewlston. on the Snake, the stage Is J. 8 feet: at UmatUla the Columbia river U 1.1 feet above low . water, -and at The. Dalles It .- Is S.5 " feet, : with a rise 'since yesterday. ; : ' .- f -; i Crest Zxpocted Trlaay.. Mr. Beals predicts that the Willam ette- will - reach ' a ' stage of 17.5 feet above sero at Portland on Friday. The height today i- 11.2 feet, a rise of 1.1 feet since yesterday, morning. ' The crest of the flood of the Wil lamette passed Albany at o'clock last night, with a stage of 28 feet, dropping a foot isince . yesterday - morning. It will pass Salem' this afternoon, and Is due to reach Portland Friday. .. Reports from Jefferson on the San tlam. and caxadero, on tne Clackamas, show that these streams are falling, which make for the alleviation of con ditions in the Willamette. , , ' . ZiOgs Are - Torn Xroose. : Two booms of logs broke loose from the Inman-Poulson Lumber CO. at an early hour, this morning. One brought up about j. too - Morrison street bridge and another about 'the draw pier of the- Burns ide "bridge, effectually - clos Ing both - sides of - the ' draw.' The steamers ; Henderson. Cascades, Hard Tack, Gamecock and Echo managed to open - up- one - side of the - draw before noon and expected - to have the rest of the - loas cleared - away Mora : i o'clock. ' The Henderson, Is- to bring a raft of i logs , through the river - this afternoon.' - - v- - - Sbortlv - before - o'clock i a scow. bottom 'UP. and believed to be one of the ' two belonging, to the Columbia Digger Co , which 1 sank : when . its diager No. 2 went down . last week- went through the harbor but dM not touch anythlng.-vt It is .believed to have brought up on the point of Swan island and to be out of danger. - . 1 Vwinunlna- Tank Adrift. - Later In the morning' a swimming tank ' believed to be from the Oregon Yacht club cplony, went down the river.- Several launches took after; It. hoping to salvage the structure. - It Is bailave it will be saved. Considerable . drittwooa 'was x also running this morning,;: making It dan- rerous for small craxt. - : v ; The Fort of Portland boathouse was moved to Stark street from the foot of Oak street this- morning that it might be gotten away from the full sweep of tne current . wnreo it jrece.yea.; iv .s old moorings.. 4 . . ' " un practically alV transportation, com- oanies had completed moving their goods from lower docks thia morning and no uosswui entail ir tne river cornea over the rest of ; the - lower lovela " Anken y, Ash and one of : two fuel docks on the- east side of the river were submerged mis morning. - - - Corrania -:Paiy lntd.J y - Corvallis. Or Feb, S The low lanes between Corvallla: and Grey are en tirely submerged and , the country is a- great .laa'---y-:rv:;-:--i""-t;;-.--'?,-;-:-'': ; Twoi of t the big trestles, cir the Ore gon Ellactrlc between the city and the junction at Grey bars gone out, 'and the dpot is sarronnded-by water, which reached the windows - Tuesday morning. Tha ticket' cases ' and . of fice - papers were taken off In a boat. Three : residence near . th depot are surrounded. ; - A confectionery store and pool room near, the depot have two feet, of water over the floor. Mary's river, which flows into the Willamette on tho . west city ; limits, is far out of - Its backs and backing up as far as Ninth street. The Oregon electric will ' ut of (CoBluded eta Page Seven, Coliu&a Two) HINC COLUMBIA CAM STATE -K ifjPBO!Eij;:. Question iof- Vital Interest i Settlers oh Reclamili: Projects- Brought Up in Test Case in Idaho. LAND COMMISSIONER ' TALLMAN SAYS f0 Power.Companies on Govern ment Lands Are Said Net to Be Exempt; Zaad Grant Hearing. Washington. Feb. 8. (WASH- : INQTON BUREAU OF THE . JOURNALlThe house com- Hit : mlttee on public lands today fixed February 17 for hearinsr the Oregon -California land grant case. Senator . Chamber- lain, -Representative Hawley, otner congressional delegation and departmental officers are to be heard. "-. i . -Oovernor Withycombe has been invited to delegate a state orncial for the heart n if de- sired. A general InviUtton ha been Issued to all wishing to -testify. , , Washington. Feb. 9. (WASHING TON BUREAU OF THE JOURNAL.) It i develops that . Clay Tllma::. commissioner of the general lan I off ice. is . oij record 1n; seversi instances with . opinions holdir that ; lands In which the Unit? i States possesses a lien, however sma:', are not subject to taxation, and there fore cannot be ; sold by the ate te f ' r non-payment of taxes on permanent improvements, : J. " ; Will R. Klpg. chief, counsel for t reclamation service. - recently gs ve t. opinion on this line as to taxation t : improvements made ' 'by settlers c reclamation prpjecta 'The, oue?t: has been the subject of confllcti 6 g i" cisions In'the 'cburtK. however, ana test case intended to settte the cc troyersy was lately begun by the L'n; ed States district attorney for seeking to have declared Illegal rei t.-. taxes levied by . officials of Cany county.-in, that state, on- th lan and improvements of entryir.en t non-patented lands. . v - , - Tallotaa Cites Xlgh Decision. - K Commissioner Tallman, in an orir:; given last May,' cited the case of V Brocklin vs. sTennessee, decided vy t United States - supreme court, en a -tbority for holding (hat public lar are exempt from state taxation. ev in the absence of an exemption t!s tVoaeiaeiMt ea Page Twa Cotaem on.) DR. LUTHER H.DYOn drifts on flood:;:; .lEOFfcEn Portland ' Pastor Upon Re - ing .Land Walks Sha' r Trestles :td His Meeting, . Eugene.. Or., Feb.: t. Dr.i Luthr ' Dyott, pastor of the : First Cor r -gational church , of Portland, Jku lied his - life: In the flood waters the "Willamette i river last evening order to reach Eugene in time f . r meeting held here to .further -intr-in the - laymen's convention In i c land. , . , v-'" - 'j :'v.-:- 5 -Dr, Dyott had been at Corva: attending, a similar meeting. He pec ted s to take the Oregon Electr train, for Eugene, -but whn I reached the station across the riv from that city he , found , that i trains were running on that bran. The,- overflow- waters from the rl v were racing across the lowlands. -Dr.- Dyott hired ' a boatman to ta him across tho stretch of water, t In the midst of the stream the ntlriy-' overturned. The boatman lo controf of the craft, which sped do the stream several hundred yard. The t boatman and Dr. Dyott firs reached 4 dry land, and Dr. Dye walked several miles over trestles and along the grade of t branch to Gray where he took t main line traHl for Eugen. reach ; hero too late Vor the . beginni- " the: meeting, but In time to r. address. ' LEADING FICTION WRITERS . vWih" contribute to The .Sun J'iday Journal Fiction J-Iaja-' zine. : - Five short stories and a seriaf installment every Sun day, beginning ' NEXT SUHDAV mmm.