HILL GEMCISI
North Bank Line Wins Com
plete Victory.
JUDGE ITOEDIE'S DECISION
Holds That the Columbia Valley or
'Harriman Railway Is Not Build
ing In Good Faith.
only ia those counties where the work
will conflict with tbe Portland &
Seattle.
Unless the Portland & Seattle work
iti annihilated, declared Jndge Mo
Credie, tbe Columbia Valley will
never be able to connect up the grad
ing it ia now doing go as to be able to
make continuous grade of iti proposed
surveys. This work, the court points
out, was began after the commence
ment of the suits for condemnation by
tbe Hill road.
HUNT REFUTES CHARGE.
Hill won over Harriman when Judge
W. W. McCredie, of the Superior
Court of Washington, decidod that
the Portland & Seattle Railway had
tbe right to condemn across the pro
perty of the Columbia Valley Railroad
along the north bank of the Columbia
river, says the Oregonian. Tbe de
cision is a sweeping one, and carries
with it the settlement of an impor
tant question in tbe struggle between
tbo two roads. Both have fought
for tbe narrow strip along tbe river's
edge whereon a arilway can be built
Both have been at work building
grades preparatory , to laying rails.
Boti olaimod certain points ot con
flict, the Columbia Valley by deed
from tbe former owners, and tbe Port
land & Seattle by virtue of condemna
tion suits across tbe property of tbe ri
val corporation. By a decision al
lowing tbe right, if sustained by tbe
higher courts of Washington, appar
ently uo barrior can be raised in tbe
puth of Hill that will prevent him
from following the surveyors down the
Wusbiugton shore of tbo river.
The decision anuouuoes that in case
tbe Columbia Valley desires to build a
railroad down tbo north bank, the
court will extend tbe road full protec
tion by allowing it to build a roadbed
and track over tbe right of way paral
lel with tbe Portland & Seattle track
surveyed, without compelling tbe
Harriman road to recondemu, provid
ing the Columbia Valley determines
to build aud does build wit bin a reas
onable time. If tbe opposing road to
tbe Hill lino fails to build, then the
Portland & Seattle is to have the full
right of way for its own purpose.
Judge MeCredie bases his deoision
ou tbe alleged lack of good faith of
the Columbia Valley, which is the de
fendant in the suit. He sets forth that
the Harriman road does not furnish a
single witness to swear to its intention
to build the road, while the powers be
hind the Columbia Valley are silent.
It leaves it for tbe court trom the evi
douoo submitted to infer its good faith ,
to build the proposod railroad. Its
only witness, Secretary Rands, swore
on that point that he did not know
whether the Columbia Valley intended
to build. His knowledgo was confined
to a resolution passed by tbe board of
directors in Apiil of tbis year, which
directed construction of tbe roud.
Judgo McCredie goes on iu his de
cision to say: "It appears tbat tbe
l'ortlund & Seattle bus constructed
large portions of its road across tbe
public domain aud along much of the
loute selected by the Columbia Valley
under the act of 1875. " It also ap
pears that no estimates of the cost of
tbe construction of tbo Columbia Val
ley have ever been submitted to tbe
trusteos and uo contracts liuvo been
let for tbo proposod construction.
"From these facts aud evidouce ou
many minor points the court is uu
ublo to find that the Columbia Valley
intends to use aud will use tbe land
sought to be appropriated for railroad
purposes aud is unable to find that
said road now or ever will coustruot
tbo proposed road.
"It appears that the contemplated
use for whiob the laud ia sought to be
appropriated by the plaintiff is a pub
lio use aud the publio interest requires
tbo prosecution of such outerpriso aud
tbe laud is required and ueoessary for
tbo purposo proposod by tbe petitioner."
Iu his opinion, Judgo McCredie goes
into the history of the making or tne
oiigiual survey by tho Ilarrimau in
terests and upon which tho Columbia
Valley road has been laid out. I he
court holds that such a line as survey
ed by George VV. Hunt in 1800 was
suoh a oue as mapped out by a line
wbioh makes cost of construction a
uriinuiy rather than a secondary con
sideration, wherdus today the railroad
places cost iu tho baokgrouud. Judgo
McCredie suys that from the evidouce
produced, tbo liuo of the Columbia
Valley is crooked and mil or curves,
many ot which are of high degreo of
ouivuturo. It would be impractio
able, if not impossible, for a modern
road to ooustruct this line of railway.
Tho O. It. & N., which the court
stutos is the guidiug hand of the Col
umbia Valley, has spent hnudieds ot
thousands of dollars iu eliminating
from its liue ou the south bauk of tho
rivor curves of tbe same character as
appear iu tho location of tbe Columbia
Valley. Tho oourt holds that whilo
tbe Harriuiau line holds titlo to a
small portiou of the right of way from
Keunewick to Vancouver, aud has ex
pended therefor, about 16,000, the
Portland & Seattle has acquired prao
tioally all of its rights of way and has
paid for the same over 500,000. Up
to tho first of May tho court fouud
that the Hill liue had expeuded over
3,000,000 fur contraction along its
eutire line, while tho Hurrimau road
is said to be worfeiug a small crew
Produces Attorney's Letter to Show No
Offence Was Committed.
Mayor Gilbert Hunt, of Walla
Walla, makes reply to tho "eoxers"
that be, through the Gilbert Hunt
company, has been furnishing sup
plies to the city in violation of law
and his oatb. Three years ago tbe
same question was raised, when May
or Hunt produood an opinion from J.
L. Sharpstein, one clause reading:
"The statutes referred to by the
papers claiming illegality of these
transactions has no application what
ever to any city otber than a city of
third class, viz : A city having less
than 10,000 inhabitants and incorpor
ated under the general law of the state
of Washington. Tbo city of Walla
Walla is incorporated and working
under a separate charter and there is
no provision iu said charter or in any
law of the state of Wasbingtou which
prohibits any offioial in such a city
from futuishiug supplies or doing
work for the city."
Demand For Fans.
The extreme hot weather has made
a domand for eleotrio fans. Tbe
Preston-Par ton Milling Co. has placed
an order for a number of ceiling fans
and when they arrive it is thought
the supply will be sufficient for tho
season.
Foley's Honey and Tar
forchlldren.safe.sure. No opiates.
HENRY KEEN'S
.Barber Shop
Shaving, Haircutting,
Shampooing, Massage
for Face and Scalp.
.HOT BATHS.
Shop North Side Main
Street, Athena, Ore.
WWWVA
Deadly Surpent Bitei.
are as common in India as are stom
ach and liver disorders with us For
the latter however.tbere is a sure rem
edy : Electrio Bitters; the great reetor
ativo medicine, of which S.A. Brown,
of Baunettsville, S. C, says: "They
restored my wife to perfect health,
after years of suffering with despepsia
and chronically torpid liver." Elec
trio Bitters cure chills and fever, ma
laria, biliousness, lame back, kidney
troubles and bladder disorders. Sold
on guarantee by Wm. McBride, drug
gist Price 50c.
Leave your orders for Mountain
strawberries gooseberries and currants
with Ely and Soott
Death From Lockjaw.
never follows an injury dressed with
Buckleu's Arnica Salve. Its antisep
tic and healing properties prevent
blood poisoning. Cbas. Oswald, mer
chant, of Rensselaersville, W. Y.,
writes: "It cured Setb Burch, of
this place, of the ugliest sore on bis
neck I ever saw." Cures outs, wounds,
burns and sores. 25o at Wm. Mo
Bride's, druggist
A new liue of Leghorn aud sailor
hats has arrived at Mrs. Miller's.
For Sale.
Tho O. C. Beck place near the
school house is oflerod for sale. Good
house, two and one-balf lots for sale
cheap. A span of. good work horses
will be taken in trade. O. C. Beck,
Athena.
A Lirely Tumle
with that old enemy of the race, con
stipation, often ends in appendicitis.
To avoid all serious troublejwith stom
aob, liver and bowels, take Dr.
King's New Life Pills. They perfect
ly regulate these organs, without
pain or discomfort. 25o at McBride's.
Keep the little one healthy and
nappy. Their tender, sensitive bodies
require gentle, healing remedies.
Hollisterx's Rocky Mountain Tea will
keep them healthy and strong. 85o
Tea or Tablets. Pioneer ug store. Dr
Notice-
j Sealed bids are invited by the
County Court of Umatilla County
Oregon. to be filed with the County
Clerk of said county on or before tbe
6th day of July 1006, at 10 o'clock a,
m. for two bridges to be constructed
acrpss Wild Horse creek near Athena,
Oregon. Oue is to be constructed at a
point known as theHarve Caton cross
ing, the other to be constructed at a
point known as the Frank Mansfield
crosisug. Said bridges to be con
structed according to plans aud speci
fications furnished by the County
Clerk upon application. The County
Court reserves tbe right to reject any
and all bids. - .
Dated this 20th day of June, 1906.
Frank Saliusr, County Clerk.
ESTABLISHED 1865 2
Preston-Parton Milling Go. :
MTV
Flour is made in Athena, by Athena labor, in the latest
and best equipped mill in the west, of the best selected
Bluestem wheat grown any " where. Patronize home
industry. Your grocer sella American Beauty for
per Sack
Merchant Millers and Grain Buyers
5 Waitsburg, Wash. - - - Athena, Oregon 5
Famous Clydesdale Stallion
Will make the season as follows: Monday and Tues
day at Waterman Station; Wednesday at A. B. Mc
Ewen's; Thursday at Whiteman's farm, Gerking Flat;
Balance of week at King Bros. Barn, Athena.
-Star of Kansas-
was bred by Senator Gregs of Seneca, Kansas, and was
foalded April 9, 1900; sired bv Carinichael, 7915; dam,
Kansas Bell, S725. Color solid black with star in fore
head; weight 1750; has good action and fine speed for a
draft horse, and has exceptionally good disposition.
TERMS: $20.00 insurance, payable when mare is
known to be in foal. In case of sale or removal of mare
fees become due at once.
SANFORD STONE, Manager. A. B. McEWEN. Owner.
Bargains at Pendleton's . Big Store
Where it Pays to Trade
i
Star of Kansas 9669
Dry Goods Store.
Children's 15o black ribbed hose
at per pair ' ' -. - ' 10c
Women's 20o black Hose, at per
pair - '- .15o
Women's 1.50 black sateen Un
derskirts at each - $1.00
Women's $1.25 white Shirt
Waists, at each - 95o
Women's $5.' Dress Skirts at
each - - $3.75
Women's $4.50 Wash Suits, Lin
en, at - $2.25
Women's 50o Muslin Drawers,
at each - 35o
Women's 75o Girdle Corsets, at
eaoh . . . , 50o
12o white Embroidery, 4 to 8
inches wide, at yard 8c
12o figured Lawns for waists
or dresses, handsome pat
terns, yard - lOo
20o white Indian Linens at per
yard ...... l5o
50o white mercerized Silk Waist
ings, at yard - 35o
Send for samples.
Men's Clothing Store
Men's best $10.00 Suits in grey,
brown and black mixtures,
any size; we can fit you at
per suit - $7.50
Men's best $12.50 Suits, extra
well made, tailor finish, all
sizes; black, navy's or mix
. tnres, at per suit - $10.00
Men's best $15 and $16.50 Suits,
handsome tailor made suits,
hand Banished, positively the
best bargain ever offered, at
per Suit - $12.60
Men's 75o Underwear, at 50o
Medium or light weight; extra
well made.
Men's $1.25 dress Shirts at each
- - - - . $1.00
New patents in soft or stiff
bosoms.
The biggest and best stock of
Men's and Boys' clothing, Eats
and Furnishings here at a saving.
Shoe Store
Women's $2.00 Shoes, in me
dium or heavy weight, at per
pair - - - $1.50
Women's $3.00 vici kid, patent
tips, extension or turn soles,
at per pair - - $2.50
Children '8 $1.65 School Shoes,
sizes 10 to 2, in box calf or
kid, per pair - $1.25
Extra good $3.25 Misses' Shoes,
in viol kid, sizes 11 H to 2,
per pair - - $1.75
Misses' Oxfords at -
- - $1.50, $1.75, $2.00
Ladies' Oxfords at - --
$2.60, $3.00, $3.50
Men's best $3.25 Shoes in all
shapes and widths, at - $3.50
Men's ' $2.50 work Shoes, the
best wearing shoes made, and
in any width, at - $1.75
Men's Oxfords at
$3.00, $1.00, $1.50
Boys' Oxfords at - -
$2.00, $2.50. $3.00
SAVE YOUR COUPONS; they are given free with each 10c purchase. Over $700
inbeautiful presents given to our customers last month. Come and see what you
will receive, absolutely free, by saving our cupons. v
N. B.We have made arrangements with Burns Bros., Pendleton's leading Pho
tographers, to supply our many customesr with photos 4 at greatly reduced prices.
This arrangement is for a short time only. For particulars write or inquire at the
store where it pays to trade.
THE PEOPL E'S WA REHOUSE
PENDLETON, OREGON
FLOURI FLOUR1 FLOURI
Snow Drift Per Sack
$i oo cash :
This Celebrated Flour is made from the choicest Blue Stem Wheat grown
in the Northwest. SOLD BY THE
; PACIFIC COAST ELEVATOR COMPANY
David Williams Agent,- - - . - i . Athena, Oregon.
Dr. A. B. Stone,
PHYSICIAN & SURGEON
Calls answered promptly day or night
Office in FoBt Building, Athena, Oregon
NOW IS THE TIME - V
eroaft e I or flarvest
We carry a full and complete line of the following sup
plies
Axes Hose, Suction , Rope
Axel Grease Hammers Ranges
Anyils Iron, Bar Rules
Bolts Iron, Sheet S s
Babbitt i , Lace, Leather Stoves
Bits Lanterns Shoes, Horse
Brushes, Horse Nuts Saws
Curry Combs Needles Scythes
Chain Halter Nails .. Snaths
Chain, Butt Oil, Castor steel
ChaiD,CoiI Oil, Cylinder Screwplates
Cutlery, Table Oil. Black Screws
Cutlery, Pocket oil Hard .
. un, nara Screw Drivers
Co1 Oil cups c .
Cold Chisels oilers . Speed Indicators
Drills PaHs Tank Pumps
Enameled Ware Packings Tinware
Forks Punches Tacks
Files Pipe Vises
Forges Pulleys. Brake Valves
Gauge Glasses Pulleys, Hay Fork Water Bags
Graphite Pye rs Washers
Goggles Rivets Whips
And Our Prices Are as Low as Are Named By cAnyone - Call and See Us When
in 'Pendleton'"
1U
o amf :& rat
Phone, Main 21 - - - - 211 E. Court St
PENDLETON, OREGON -