The Oregon daily journal., March 21, 1916, Page 13, Image 13

THE : OREGON DAILY- JOURNAL, PORTLAND TUESDAY, MARCH 21, 1916.
13
SUPREME COURT PUTS
iSlRG LOG ROAD
Contracts Ail Favor Corpora-
" lion, Says Justice Bean, in
Passing on Case,
Salem, Orv March tl Declaring
contracts catered Into by the city of
Roseburg, , the ; Roseburg & Eastern
Railroad Co. and the Kendall Lumber
corporation void, and unconstitutional.
the supreme court today enjoined the
enforcement thereof and forbade the
Issuance of 1300.000 bond to be ap
plied to the building of a railroad.
On June S, 1J15, the voters of Rose
burr decided In favor of a proposition
te issue bonds in the erum of 9300,000
for the construction of a railroad from
Roseburg to a point on the North
Umpqua river at its intersection with
the .western boundary of the Cascade
ran are forest reserve.
John Hunter and others brought cult
to enjoin the carrying out of the con
tract and issuance of the bonds.
Contract Hot Authorised,
' Justice Bean, in writing an opinion
reversing Circuit Judge Slripworth. de
clares that the contract as executed
is not one authorised by the charter
as amended by the voters, who. he as
serts, did not vote to issue bonds
either partially or wholly for the
benefit of any persons or corporations
other than the city.
The mingling of public and private
funds, as proposed by the agreement
of the city and others, is declared to
be a violation of Article XL section
of the state constitution. Justice Bean
points out that there are no pro
visions as to fixing rates so that the
city could reasonably expect that the
lumber corporation or Its ally, the
railroad company, would so adjust the
rates for carrying logs that there
would be any "net profits, to aid the
-municipality In liquidating the Interest
on the bonds.
? Only temporary Utility. '
"In short the whole scheme seems
to contemplate a temporary utility
such as logging) railroads usually are."
says the court. "With the timber
transported and the leased rails and
the equipment belonging to the corpor
ations removed, the city would have a
road bed, some old ties and a fenced
right of way left which, under ordi
nary conditions would be of but little
value, a mere shell.
Justice Bean also points out that at
the end of 0 years the interest on
$100,000 would be treble that amount.
at five per cent, or $900,000, and that
Immediately after that period the com
pany would have the right to purchase
the line at the smaller figure named.
while the city would be required to pay j
approximately the. larger amount.
"Under such circumstances, can It re
said that the city is not attempting to
raise money for. or loan its credit to.
or in aid of the corporations?" the
court asks. "Viewed from any stand
point Indicated by the contract it is a I
plain violation of our organic law."
a .
Work Would Hare Started Soon.
The question of the right of a city
to enter - into an agreement with a
railroad company for , the encourage
ment of construction was not ques
tioned by the complainants in the In
junction sult,according to 8. A. Ken
dall of Pittsburg, Pa., president of the
corporation, during a recent visit to
Portland. He declared the controversy
bad to do merely with whether or not
the city of Roseburg had made the best
possible bargain. The complainants
asserted that it had not done the "best I
by its citizens that it might have done,
and urged the injunction against is- J
suance of the bonds on that ground.
Mr. Kendall said that the railroad !
project would not be abandoned, even
If the litigation should knock out the
contract, but that a delay would ensue
pending tbfe formulatie fend ratifica
tion of a new agreement fx terms that
would be satisfactory no sli.
Mr. Kendall said thut if the court
should find the contract legal, work!
would be started about May 1. Other-1
wise he could not say when work, would
begin, the time, of course, depending
on how long It would take to draw a
new contract.
KANSAS CITY BUSHER: UNDER TUTELAGE OF VETERAN
.What Dyspeptics
Should Eat
Other Decisions Today.
Salem, Or., March 21. Among the
decisions of the supreme court today
were the following:
Sarah L. Salisbury et aL vs. John j
Bruce Goddard et aL, apellants, involv
ing a real estate deal; opinion by Chief
Justice Moore; 'Circuit Judge Ganten-
bein's judgment for plaintiffs reversed.
Thomas J. Wilson vs. Investment
company et aL, appellants, appealed
from Multnomah county, action . on an
account; opinion by Justice Benson;
Circuit Judge Morrow's Judgment for
plaintiff reversed.
George W. Meek, appellant, vs. John
Meek et aL, appealed from Josephine
county, suit to cancel lease; opinion by I
Justice McBride; Circuit Judge Calkins'
Judgment for defendant reversed.
J. Lk Hanna vs. Alluvial Farm com
pany, appellant, appealed from Polk
county, action Involving a note; opinion
by Justice Burnett; former Circuit
Judge Holmes' judgment for plaintiff
affirmed.
E. D. Iange vs. Hood River Orchard
company, appellant, appealed from
Multnomah county, involving a contract
for the sale of land; suit dismissed;
opinon by Justice Harris.
James E. Allen et aL, appellants, vs.
C. H. McNellan, appealed from Mult
nomah county. Involving the sale of
land; opinion by Justice Burnett; Cir
cuit Judge Hamilton's judgment for de
fendants affirmed. I
Li Sal Cheuk vs. Lee Lung et al., ap
pellants, appealed from Multnomah
county, cation on an account; opinion
by Justice Benson; Circuit Judge Davis' j
judgment for plaintiff reversed.
Petition for rehearing was denied in I
Hadley vs. Hadley.
Plans for Million
Dollar Postoffice'
Being Checked Up
Final plans for - Portland's Mt
proposed new $1,000,000 post- ?
office are in Washington today
being' cheeked over by the sup-
ervlalng architect at the trees-;"-
ury department, according to ;
Information received by Post-
master Myers. If approved, it
is expected that construction . :
bids will bo called for within a ;
few days.
-
-
J. Kendrick Bangs
To Deliver Lecture
Tomer ILanaglnf Sditor of "Idfe to
Speak Cor Benefit ef tha Tista
ANOTHER PIONEER OF. -THE
STATE IS DEAD
John Kendrick Bangs, formerly edi
tor of Life, will lecture at Lincoln
high school auditorium, for the benefit
of the Vista House fund, . s p. xeu,
March 28. His subject is announced.
"We, Us & Co."
The admission is to be oo cents ana
an the profits are to be addeoTto the
fund for the construction or tne oDser
vatory, memorial to the pioneers and
public comfort station at Crown Point
on the Columbia river highway.
Bangs is to be speaker of the day
before the Ad club Wednesday, March
29, and W. XL Co nil in, vice president
of the Vista House association, will
preside.
lira. Elizabeth Jones.
Mrs. Elisabeth E. Jones, who died in
this city yesterday at her home,
81 Hawthorne avenue, was born in
Wales In 1SJ7 and came to California
via the Isthmus of Panama in, 185.
and to Oregon In 1889. Mrs. .Jonas
was the widow, f W. P. Jones and is
survived by four ehlMren, W. R. Ben
F., T. L. Jones-and Mrs. H. S3. Straus.
Mrs. Jones had been & member of the
First. Congregational church for the
past 4 i ears. Funeral arrangements
are in charge of Ekiward Holman,
Third and Salmon streets. ,
- - - .
Dwaco Planning for.
An Agriciuturist
Ilwaco, Wash., March 31. At a rous
ing, publio meeting at the Commercial
club last night with 400 in attendance,
the dub's campaign for a county agri
culturist was given impetus. The
speakers were Louis Williams, school
superintendent, Chinook, and George
kelson. Wahkiakum county agricultur
ist. There was musio by the Chinook
Glee club of 20 voices. The club's
work was given Learty Indorsement,
and cooperation of peninsula towns
was promised in community welfare
work. The meeting was the first in
the auditorium of the new $20,090
high school.
. Mr. Trowbridge Improving.
.George M, Trowbridge, managing
editor of The Journal, who is a patient
In St. Vincent's hospital. Is mak
ing progrets toward recovery. It is
believed Mr. Trowbridge will be able
to leave the hospital in the near future.
Dye Shortage Besnlis Show.
New York. March 21. (TJ. P.)
Pallid . pinks and blues forming the
strident note in women's spring fash
ions are tne result or a dye shortage.
Ernie Dunn, the pitcher recommended to Manager McCredle by Bill
Armour, former manager of the Kansas City team, who Is work-
ins oat under the eagle eye of I. C. Higgtnbotham. Dunn has
a good, fast ball and a fair curve.
f "Indigestion and practically all
forms of stomach trouble are, nine
times out of tea, due to acidity; there
fore stomach sufferers should, when
ever possible, avoid eating food that lsl
add in its nature, or which by chem
ical action in the stomach develops
r acidity. Those sufferers who have
been obliged to exclude from their diet
all starchy, sweet or fatty food, and
are trying to- keep up a miserable ex
istence on gluten products, should try
a meal of any food or foods in mod
rte amount, taking Immediately after
wards a teaspoonful of bisurated mag
nesia in a little hot or cold water.
This: will neutralise any acid which
may be present, or which may be
formed, and Instead of the-usual feel
ing of uneasiness and fullness, you
will find that your food agrees with
you perfectly. Bisurated magnesia is
doubtless the best food corrective and
antacid known. It has direct action
on the stomach; but by neutralising
the acidity of the food contents, and
thus removing the source of the add
irritation which inflames the delicate
stomach lining, ; it does more than
could possibly be done by any drug
or. medicine. . do not dose an inflamed
and irritated stomach with drugs, but
get rid of the acid the cause of all
the trouble. Get a little bisurated
magnesia from your druggist, eat what
you want at your next meaL take some
of the bisurated magnesia as directed
above, and note remarkable results.
(Adv.)
Restraining Order Blade.
Salem. Or, March 21. An order re
straining the receiver from proceeding
in an action in the Multnomah county
circuit court until further orders, was
made today for the supreme court in
the case of Wheledon against Union
Pacific Insurance company. A suit
brought by the receiver was scheduled
ior trial tomorrow in Portland.
TRANSPORTATION AND
WATER PROBLEMS TO
BE FACED BY TROOPS
(Continued From Page One.)
SPECIAL!
ras . -a
I We have Just' received a ' large snip.
LEADERS
D t7 $5.00 Down
XnCeJpiO $3.50 Monthly
?v in r ft iron ssn
Talking Machine Co.
350 ALDER r
the front. Riding with the wagon
trains, the boy made his way to field
headquarters, but he was sent back
here, where he haa been adopted mas
cot by (deleted) Infantry, until auch
time as the commanding officer may
ee fit to send him to his father.
Xif e Sot Easy With Troops.
"We found him at 4 o'clock this
morning sleeping by a camp fire. He
reluctantly told his story; fearful lest
he .be deported. Later he was sent
to Columbus, N. M by motor truck.
The correspondents accompanying
this expedition la the field have been
supplied witn no tents and they are
all sleeping under, the stars. Report
ing .the war in Europe with a motor
car fbr transportation, a chateau for
billets, was life de luxe compared with
conditions In this country. Except for
the coming of the auto this country
has notchanged in 20 years.
xnese ara oniy uiree water noies
on the (deleted) miles stretch Irom
Columbus here. We are camped here
on the creek ana l have understood
that the men are drinking the water
unboiled. They are also bathing in It.
While the bathing place Is down
stream from the drinking place, the
little water here will soon be defiled
if stricter precautions are not taken
and this, so an army surgeon was say
ing last night,, will cause typhoid or
worse.
roree 2Zas 'Problems.
"Another problem facing Che troops
is that of transportation. The motor
trucks have already cut deep ruts in
the desert road from Columbus south.
and in a short time it may be lmpossl
bla to use these vehicles. This would
mean that the army would have to rely
solely on horses for transportation, and
with the line of communication dally
lengthening into a country where there
to no forage for the cavalry horses, no
water and no fuel, the army will have
1U hands full. .
"Later on probably all the water will
be boiled, but you can't boll without
fire and there Is not a stick oz timber
between this damp and Columbus ex
cept for a fringe -of stumped growth
along the creek.
"Aeroplanes winging high in a cloud
less sky, their planes glistening in the
sun passed over our heads en route
to the front from the base. They flew
in a long line like geese.
Bryan Is on Kecord
In Favor of Wilson
Zs .Prohlbitloa Speech at Tilacolii He
ravors Re-nomination; Xde Is Passed
to Him by Zdnooln Politicians.
Lincoln. Neb.. March 21. (U. P.)
William J. Bryan was on record today
as favoring the re-no ml natl o n of Presi
dent Wilson. In a speech in behalf
of the Nebraska prohibition amend
ment the former premier said he be
lieved there would be no other can
didate than Wilson at the St. Louis
convention.
"I am a candidate for delegate-at-
large to that convention," said Mr.
Bryan, "but If any of my friends who
have suddenly become zrlends or
Wood row Wilson can serve him better
than myself, let them send someone
else to the convention.
"If Wood row Wilson owes me any
thing he has more than paid it back
by giving himself to the nation as
president instead of Roosevelt. Friends
of Champ Clark will find that X could
be counted against him."
Colonel John G. Maher, a local poli
tician, passed the lie to Mr. Bryan
during an argument following a ques
tion by Maher to Judge S. D. Wakely
of Birmingham, Ala., as to whether
or not the latter was paid for making
a speech at a mass meeting last night.
Bryan declared Maher was the only
one who would ask such a question
and that all he though of was money,
and that money would get him any
thing. Maher responded with the
passing of the He and Bryan quietly
walked away with Judge Wakely.
Later Bryan returned and in a fur
ther argument Maher accused Bryan
or receiving the support of the brew
ers. Bryan retorted that he at least
had Manor's enmity and turned away.
Los Angeles. CaL, March 21. (U. P.)
It was reported today that Pitcher I
Fairbanks, Catcher Coleman and Out-1
fielder Schuls will be sent to the Van
couver Northwestern team by Vernon,
as Patterson formed a working agree
ment with that club yesterday. The
men are all "bushers," and the Vernon
leader is said to have decided that he
cannot keep them. Tom Downey, Lit-1
tie Rock lnflelder, has applied to Pat
terson for a job, and may be signed.
Downey is a weak hitter.
All this
week
WEEK
at your
druggist's '
ACHING HEADS
" Quick Relief
Easy to take Shac Wafer
no bitter .. taste no after
effects. Stop that head
ache. At least give the
Shac Wafer atrial. .
Ask for SHAC
: Made by
Frederick Stems 4k Csw
.- Detroit, U.S. A. .
Rabbi Changes His
Belief; Ostracized
Joseph Goldman Tells Kewberg Audi
ence of Being Sicked by Own Bon in
Poland When He Deserted Taith.
Kewberg, March zL That it is a
serious matter for a Jew to change his
religion was demonstrated by the story
told here Sunday to a large audience
by ex-Raobi Joseph Goldman of his
cwn experience. He was turned out of
his home in Poland- and for weeks
made his home under a wagon in the
snow. He was knocked down. on the
street by his son and kicked;-be was
plunged into the river through a hole
cut in the ice and left with no clothing
but the robe he had worn as a rabbi;
several of his ribs were broken and
In other ways he was given to under
stand that his change of . religious
views did not meet -with the approval
of his family and mends. '
Three years ago he was out . en
train by the police of his town and In
some way managed to reach London.
From London ha was shipped to Mon
treal. Canada, paying his way by serv
ing as a stoker. Then be reached this
coast by paying for his passage as a
dish washer on dining cars. At that
't'me he eld not know a word of Eng
jhsh, Be is now located In Seattle
wuere oe wnuun nuHiojor jewa.
Woman, 22, Mother of 8eren.
Omaha. Neb, March JLKU. P.)
! Mrs. A. H. Woosly. -aged 2S. is the
mother or seven children today, fol
lowing the arrival of twins, and the
stepmother ef six others. The father
of the J.S la a -teamster, who married
Mrs. vvoosiy. when she was 14 years
;oid. v ; - s ::.';":;-'",;':
Italians maintain wireless telephone
communication between Rome and
i xnpou. a distance oz,coo miles, mainly
Angels to Finish at Home.
Klsinore, Cal., March 21. CD. P.) I
The training trip of the Los Angeles I
club to this city will be shortened by
one week. Manager Chance announced
today. The Angel leader said his men
would leave here Saturday for Los
Angeles, as he feels they will need to I
get accustomed to the Washington
park field during the final week ofl
preparation.
Oaks Speeding Up Practice.
Boyes Springs. CaL. March 21. (TJ.
P.) The Oaks are undergoing the
speeding up process this week, as they
must complete their training work
here by next Saturday, Manager
Elliott announced today. All the play
ers are rapidly rounding into form and
President Leavitt, before leaving for
Oakland today, expressed his satisfac
tion with their condition.
Elliott plans to give his team five
days of practice on the grass diamond
in Oakland, before taking them to Salt
Lake where the season will be opened.
Seals Resume Training.
San Jose, CaL. March 21. (U. P.)
Ideal weather today favored Manager
Wolverton when he called the regulars
of the Seal squad out for practice this
afternoon, after two days of rest en
forced by rain. The Tannigans went
to Agnew's, where they were sched
uled to play the attendants' team
there.
The 2000 mental defectives, inmates
of the institution, will make up the
audience.
It is reported that Manager Wolver
ton is preparing to dismiss a few mors
youngsters from the squad.
Two Track Meets Scheduled.
San Francisco, CaL, March 21. (TJ.
P.) Two interesting track meets are
in sight at tne University of California.
Next Saturday the Bear freshmen meet
the University of Southern California
varsity. On the following Wednesday
an All-Southern California squad, com
posed ox U. S. C. men. reinforced bv
Fred Kelly, Ken Johnson, Pete Bagnard
and Bonny Bonnett. will meet the Cali
fornia varsity.
Yamada Loses to Hoppe.
San Francisco, CaL, March 21. (TJ.
P.) Kojl Yamada, Japanese billlardlst.
may be high man in the mikado's king
dom, but he will have to speed up be
fore hoping to jostle Willie Hoppe, in
the opinion of fans who saw their game
nere. uoppe won. oo to 167. at 18.21
balk-Una. ,
f
O'Connell Starts Training.
Eddie O'Connell, the wrestling In
structor of the Multnomah Amateur I
Athletlo club, yesterday started acMve
training tor his scheduled match with
Frank Vance of Seattle, to be staged
nere Apni 7.
, Xoung McGovero Takes Beating.
Philadelphia, March 21. (L, N. 8.)
.Poor generalship got Young Mo
Govern a neat lacing at the hands of
Johnny ErtTe of St. . PauL in six
rounds at the Olympia A. A. last night
- Baseball Is, Voted Out.
Reno, Nev, March. 2L (TJ. P.) Ne
vada univer si ty , students have voted
baseball down and. out as an intercolle
giate sport. They say it haa lacked
support at Nevada. - , ..
Ti Keck tflns Billiard' Tltlov
H. K. Keck Is the champion billiard
player of the . Multnomah Amateur
Athletlo club, having won the finals
last week. He was awarded a gold
ft
fs 11 . m
1
IN our last advertisement we told you
something about the investment of
capital that is behind the Owl
We explained how a stock of slowly
curing leaf valued at over one million
dollars is constantly in reserve to ensure
the flavor and blend of the Owl,
If we call it "Owl The Million
Dollar Cigar" -we think this name will
serve as a constant reminder of the sound
foundations under this famous brand.
.''It will 'suggest the leaf investment,
which explains, why the Owl is always
a mellow, fragrant smoke.
It will suggest the careful hand-workmanship,
which explains why the Owl
always draws free and burns evenly.
. It will suggest eleven busy, well-ordered
factories, which explain why the
Owl always comes to the smoker in
clean, tempting condition.
In a word, it will suggest the sound
business effort and forethought respon
sible for the success of this famous nickel
cigar. So we're going to call it "Owl
The Million Dollar Cigar".
M. A. GUNST & CO,
INCORPORATED :
rsr id
The tVlilllilori
dllar Cigac
according to' Information 'nere' today.
The German dye supply la eat off. 1 ?
How to. Safely
. Peel iYour Face
. jVn WSI W.F WSSkWa MISVVVICI wa
weat herbe ten complexion, the most
sensiois tmng to oo is to remove it
rather than patch ft ovr or "doctor" :
It With cosmetics. Th. only- way, to
really remove the -complexion aside
from resorting to an expensive end
painful surgical operation la by
means of ordinary mercollsed wax.
Spread the wax over the face at night,
as you would oold cream; wash it off
in the morning. This gradually peels
off the lifeless and the half-dead outer
i-inn, in minute particles graauauy
the fresh young skin beneath beams '
iorin. -men you nave a clear, vel
vety, health-hued eoraolexlon such ae
no unnatural method can produce.
Freckles, blotches, plmples-all sur-
lace delects due to weather, ill-neaitn
or the ravages of time, of course, die-,:
appear with the discarded ' skin. Ask
the druggist for an ounce of mercol
lsed wax; you won't need more.
ii you wear wnruues or crows rest,
the best thinr to do is to bathe your
face in a harmless lotion made by dis
bolvinr an ounce of powdered saxo-
hte in a half pint witch kaaeL Hotn
ing eise wiu so surety erase tne un
welcome lines. (Adv.)
Constipation
Treated With
Paraffine
Scientists Claim That P6re
Paraffine or Petroleum ;
Taken Inwardly Re
lieves by Lubrication.
Lubricating or oiling the Inside
of the bowels with pure paraffine oil
is a treatment which has come to us
highly recommended and has proven
remarkably successful.
The value of petroleum or paraf
fine oil in stubborn cases of consti
pation and other intestinal ill has
already been demonstrated In hun
dreds of cases.
The lubrication of the bowels and
intestinal tract,, has been proven most
beneficial. e:.
It has been particularly efficient
in cases of long standing and of the
most stubborn nature.
Taken inwardly, the petroleum or
paraffine lubricates the bow. Is and
softens all matter which has beoome
hardened and caused a stoppage in
the passage. The action whioh nec
essarily follows as the result of the
softening and lubricating process is
entirely mechanical, gentle and naty
urai. xnis liquid petroleum or par
affine is sold under the name ef
Ameroll. Ameroll is nature's rem
edy for constipation. It can be
safely used by all ages from
grandma to the tots. Ameroll is a
pure, water-white, tasteless and
odorless mineral (paraffins) oil-
safe to use because it does not force
an unnatural passage. Ameroll Is
not a medicine in the true sense of
the word. It is not absorbed Into the
system nor does it act as a stlmu
lant. There - are no disagreeable
after effecta It has been used in
many cases with great benefit. Am
eroil is sold at au the-Owl stores in
pint bottles at 60c Advertisement.
SJRMIIlRra
' An EOsctive Lexajfre
Purely Vet-eteble-j
Constipation,
Indigestion, Bflkrraeste,
OR QjQaUCght
43
ChoooltO'OoaUd r Plata
in
Portland
SkouU
Fiwt Ka4
TLelr
Vvay to
Hotel
.rnvals
c
orn
o
e e llllll
t -1 e t
elms II S
11 A AT AJTS TJ.
C W. CorasUaa, Tusl ileal.
M. M, rietaae, Kaaagar.
Vack itl Aids, ronlead, o.
Every: Man Kead
This
This treatment is said to have
acquired a wonderful reputation
throughout the east, owing to its
peculiar propensity to fortify the
nerve force and generate heal:b .
and a' consequent personal mag
aetlem so essential to the happi
ness of every normal human be
ing. It is claimed to be a blessing
to those who are physically im
paired, gloomy, despondent, aerv
ous or who nave trembling ef
the limbs, dizziness; heart pal
, pltation. cold hands and. feet, in
somnia, fear, without cause, tim
idity in venturing and general la
ability to act rationally as others
do. Also of vast benefit to wrlt
, ers, professional men, office -workers
and the victims of soci
ety's late hours and over indul
gence la wines, liquors, etc
By obtaining the treatment at
some well stocked pharmacy, no .
one need know of another's trou-.
ble while the treatment has be.J ,
widely prescribed and dispense4 ;
: heretofore by physicians and
- pharmacists, - the " grain - tablets
are so prepared with fall direo- -ttons
for self administration that
it is wholly unnecessary to pay a :
Jhyslclan for prescribing them.,
ast ask r for - three-grain Cado
mens tablets, begin their, use anl
soon all the joy of a healths
body, sound nerves and strength ,
will be felt. ' - tAdvJ
1
ivw wv"v- " "' - " "' '