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VAILS CAPITAL JOUBNAIi, SAXJBM, 0RJ9G0N, TUESDAY, JUNE 00, 1009.
TELEPHONE
ORDINANCE
UMITY
UP TO CITY ATTORNEY
KEYES FOR A LEG
AL OPINION
Mr. Mooros, from ordlnanco com
mittco, reported adversely on ordi
unnco fixing rnios on roaldonco tele
phones nt 11.00 per month.
Mr. Moorcs stated tbat thoro wan
In oxlBtonco a contract between tho
city and tlio tolophono corporation by
which the city had agreed that tho
Bitmo rates should bo paid at Salem
as In other cities of llko size and
similar service.
Ir. Hofer called attention to the
fact that whoro a corporation had
voluntarily mado a rate and done
business undor It at a proflt, thoy
could not afterwards rnlso that rato.
Tho city had not violated Its' part of
tho ngrcemont, but, In raising the
rato on rcsldonco phonos, H w a
question whothor tho corporation was
not violating Its agreements with tho
.city.
Mr. Mooros asked rofcronco to a
special .pommlttco. Mr, Prosnal
moved rofcronco to city attornoy for
n legal opinion. Carried.
Confotvnco la Asked.
Mr. Dnncoy, local manager of tho
Pacific States, after tho mooting of
tho council, Interviewed tho mayor
and members of the council on tho
matter of getting a hearing on tho
faclH. When ashed If his company
would co-operato In tho matter of
removal of nil polos around tho pub
lic squaro) In tho contor of tho city,
llko the court house, poBtofllco, tho
stato house and Wlllson avenue, ho
said they could not do Hint nml meet
the demands for tho $1.00 ordlnanco
Thoy woro willing to consider the
mnttor of helping to beautify tho city
to that extent, if rates woro not ro
il need bolnw wlint other cltlos wort
pnylng for similar service
o
wns n resident of San Mateo, sent
tho vnluablo contents of tho phial
from London, tho contor of tho re
cent important cxpcrlnicntu In the
wonderful substance.
Tho small particle of radium that
Is being guarded Jealously by the
hospital authorities Is valued nt
about $10,000. Its pries per troy
pound, prevnlent In England, la ?S
000,000, Mrs. Iteld's gift will be
used In a series of experiments and
Investigations In tho treatment ol
cancer. .
WILL CROSS OCEAN
IN BIG AIR SHIP
(United Press Leaned Wire,)
London, Juno 22. Tho construc
tion of an airship designed to carry
26 persons from Europe to Amorlcn
and return, Is creating much discus
sion In aerial club circles today.
Tho ship Is boing built near Lon
don. Accordng to Arthur Philip Du
cros, secretary of tho Aerial DofonBO
League, Its nlr bag will have a ca
pacity of 227,500 cubic loot, it
will have two propellers driven by
motors each with 220 horsepowor.
Tho carringo will accommodato 25
passengers In addition to suppllos
nnd potroloum.
In announcing tho launching of tho
airship Ducros appeals for a dona
tion for nn aorial landing station, or
"garage."
o
THE INJUNCTION
PLAY
600D
BALL
(Continued from Page 1)
which was to bo used for a branch
road leading from Netarts Bay to
near Tillamook Olty. This section
of Tillamook county was spareoly
settled, though possessing great scen
ic benuty and wonaorf ul natural at
tractions, inducing tourist travol.
Tho present act appropriates $50,-
000, conditional upon Jackson coun
ty raising a llko sum, to aid said
ounty to build a public highway from
tho city of Medford to tho west cess.
The longest day of tho year, which
was yesterday. Is In all probability
the cause of tho Portland Railway,
Light & Power Company baseball
team losing tho game to the Profes
sional team last night on the W. U.
field by n Bcoro of C to 5, aftor tho
Btrcot car men had practically had
tho game- all dono up nicely to tako
homo In tho fifth Inning, when tho
ppnro ntnnri T 9. In tliplr favor Both
teams started the contest with a tie
of 2-2 and wont four Innings beforo
tho run column was put In action.
Huffman, tho now twlrler for tho
Portland, Railway Light & Power
Company, and Tommy Clark, the
backstop, had things Just about tholr
own way, and would have taken the
chicken, had not there been several
costly errors mado behind them.
Walter Thompson, tho car men's
heavyweight left fielder, caused tho
hair to ralso on tho heads of every
one by making a classy run from
doop field Into tho vicinity of third
baso and taking possession of a pop-
fly, which had been touched up by
mutako by ono of tho Professional
men. This Is not tho only good
piece of bnll playing Thompson did,
olthor, as ho stood up boforo Pitcher
"Casey" Ollnger twlco, and each
tlmo ho got a safo blngle. Big Bill
BtiBlck wns also on the heavy batting
list last night, nnd at one time tho
center fleldor wns oa tho point of
climbing tho fonco nfter one. Short
stop Hunt, for tho Profoislonal men,
was evidently on his feed, as no
ranged up In front of two or thrco
chnnccs, but could not pick with buc-
at an Inferior price by tho Horst com
pany, the purchaser to furnish monoy
for tho expenses of picking, curing
and baling. After tho ,crop had been
half picked the Horst company ex
amined tho yard and found It to bo
moldy, nnd then turned the contract
over to Lachmund & Plncus, but In
tho meantime Sing and Beers, having
no funds with which to carry on pick
ing, sold the remnlnder of tho crop
to tho third respondent, Sled Bach.
Tho yi329.42 which wns aBked for
in tho lower court was paid Into the
hands of tho original tenders of the
ynrd as expenses, and this amount
was asked returned by tho plnlntlffs
In Judge Galloway's court, wlhch was
refused.
Tho supreme court holds that so
far as the respondents mlled to har
vest the entire crop the fault is not
entirely theirs, owing to the original
contractors, the Horst company, drop
ping off short in tho middle of tho
picking, thus depriving Sing nnd
Beers of available funds with which
to complete the other section of the
contract.
U. G. HOLT ELECTED
SCHOOL DIRECTOR
JUST A
BABY
FLEET
CHINA
WAKING
AT LAST
WILL ESTABLISH
NAVAL AND MIL
ITARY ACADEMY
l United Pre Lciued Wlre.l
Ti&il Tain, Juno 22. The tlrtrt
dollnllu move toward tho reorganiza
tion of tho military nnd naval forces
of China wan made today through
tho purchase by the govornmout of a
largo tract of land In this city, on
which n military nnd naval academy
Is to bo Immediately arectod. One
hundred Htudonts from the School of
Nobles have been designated to take
tho nnvnl and military Instruction In
the school, nnd tho governors of tho
province have been ordurod by tho
prlnco regent to submit tho nuiups of
studontB denlroua of tutoring either
of the branchoB of tho military sor
vloe to tho recently nppnlntod army
nnd nnvy board.
Tho salt tax has been et apart to
in part moot tho oxponsos of tho mil
ltury program, and a system of pro
scription has bcou put In operation
to ensure the recruiting of nn army
of 3G0.000 men, Prluco Su and Ad
miral Snfi. of the nnvnl bonrd, have
been instructed to draw up a pro
gram which will provide a lleet of 15
battleships with necessary auxiliaries
to bo In commission In 11)34. Eng
lish and Japnuoso Instructors will bo
in chnrgo of tho Instruction of tho
nnvnl and. military cadets.
GAVE H0SPITALA
PARTICLE OF RADIUM
(United 1'reu Uail Wire 1
San Juteo, Cal., Juno 22. Kepos
lug In a tluy bottle kept under lock
nnd key In a strong box nt the Hcd
Cross Guild Hospital in this city, Is
a mlnuto partlclo of radium, the gift
of Mrs. Whltolnw Bed, wfo of tho
American ambassador to the court of
St. James. Mrs. Hold, who formorly
'Twtxt Optlmltt and Fctstmht,
The difference (a droll.
The Optlmttt ttt the doughnut.
The J'ettlmUt tec the hole.
Soma would uy the boit way to turn
an optimist Into a pcsalmlat would be
to feed 111 in the douulinuts. and this
would be truo If the douKlinuts are
fried In lard. Lard la certainly Indt-
, geatlble and many people are deprived
of the pleaauro of eating doughnut
and other dainties JUat becauie ot thla
fact. However, there la a cooking- fat
COTTOLKNB which can bo uaed In
any way and every wa that lard can,
and yet make llKht. rich, dellcloua
food' that the moat delicate stomach
can digest with ease. COTTOLHNB Is
maUlSV the world cheerier and brighter
for thouaanda who were formerly auf-
ferlnff from the curae of rU-vu!e.
rood. 5T:, , '-
boundnry of tho Crnter Lake Nation
nl Park, and not to Crator Lake, as
so mo Imagine. Although $50,000,
conditional upon Klamath county
contributing n llko sum, to aid aid
county to build n county road from
Klamath Fnlh to tho eastern bound
nry of said national park, atfd not to
tho lako within said park, for our
stato Is without Jurisdiction, and can
do no work, or oxorclso any authori
ty, within tho national park Inclos
ing Crator Lake. Tho present act
nowhere provides for nldlng In tho
con 'traction of n continuous high
way from Mcdford, In Jackson coun
ty, to Klamath Falls, In Klamnth
county, nB thoro Is an Intervening seg
mont of more than thirteen nnd one
half miles, which la to bo made, If at
nil, by tho federal government.
Jackson county hns ral'cd or ap
propriated the amount required.
Hence, undor tho provisions of chap
tor l'Jl or tho laws ot 1009, $50,000
becomes avallablo for uso In Jnckson
county only, nnd upon a certain spec
Hied county rond leading from Mod
ford, In raid county, to tho western
boundary of Crater Lake National
Park. Tho court Is not Informed that
Klamath county has mado any appro
priation, as required by this act.
Hence tho $50,00 appropriated ex
clusively for Klamath county Is not
avallablo, and may novor becomo so,
The prosont act Is clearly local, as it
applies to only two counties. It la
also speclnl, because it Is limited to
n peclllod section and for special
purposes only, that Is, tho proposed
appropriation can bo used only in tho
countlot) of 'Jnckson and Klamnth,
and for a speclnl purposo, viz: tho
building ot n certain specified high
way In rnld countlos. Tho net Is,
thoroforo, local and special, and
co in 08 clearly within tho Inhibition
placed u lion such menauros by sec
tion 23, nrtlclo IV of our constitu
tion.
Tho complaint will bo sustained
ami tho Injunction made porpoUinl, .
PORTLAND MARKETS.
Wheat Track Prices.
Club $1.20
niueetom $1. 27 1.30
Turkey Rod $1,18
Vnlley $1.17
, , . . Flour,
I'ntonts . , .$0.25
Straights $5 5.40
Kxports 4,70
Q Hoy ? OiOU
Ornhnm. 1U sack 5.00
W'bolo wheat 6.80
nay.
Wlllamotto valley ordinary. $14 16
Eastern Orcgou, fancy.... $18020
.Ifalfa $13014
Clover ,...$1312
Drossd. poultry, lo lb. hlghor.
Ducks ...14lGc
Goese, llvo 10llc
Turkeys 30c
Local Retail Market.
Wheat, per but hoi $1.30
Hay, cheat ...... $17
Hay, clover $14,00
Potatoes, bushel . ,t... .700,80
Apples, bushnl , 6001.00
Prunes, per lb 1&CP.4H
Prunos, per lb lVi4
Cranberries, Howe's varie
ty, bbl 13. Ot
Butter and Eggs, Retail.
Hgga 25c
Croamojy butter .30c
Country butter ..,..,.,...,.. .25c
Flour.
Eastern Oregon ............. $1.76
Hrau, per sack...... .So
Shorts, per sack $1.36l.fij
Rolled barley . . 40.04
Local Wholesale Market.
Wheat, bushel $1.1601.30
Oats, bushel , . . . 00c
Flour, nurd v uoat $0,4t
Flour, valley $5.400.0l
dill feed, shorts, 33,30
Mill feed, bran 30,00
Hops, 1908 crop.. .10
uops, 1907 crop.,..,. .atpstt
Chlttatu bark
Wool, cocrso
Wool, medium
M aba It . . ...
.33H
,30
.25
Tho wholo six Innings wcro Inter-
onhig, nnd tho crowd, which was
fair, Boomed to enjoy the plnying
hugoly. Waldo Miller held tho ivory
for tho gamo.
Owing to tho bnll field becoming
bo rough and dotted with grass, tho
members of tho Twilight Lenguo aro
requostcd to como out tomorrow
night nnd help clenn up. De on hnnd
nt 0:30.
THREE OPINIONS BY
THE SUPREME COURT
The supremo court handed down
thrco opinions this morning, two be
ing appeals from Mutlonmnh county
nnd ono from Marlon county.
Amelia H. Moro, John Walton,
Wllllnm T. Molr and George Stehn
ken, appellants, vs. T. E. Wlthcomb,
David Ooodsell and T. S. McDanlel,
respondents, appealed from tho cir
cuit court or Multnomah county, M.
C, George, Judge; Judgment of tho
lowor court reversed; opinion by Jus
tice King.
Gcorgo H. Gontzkow, nppollant, vs.
tho Portland Rnllway Company, re
spondent, appealed from the circuit
court of Multnomah county, J. I).
tlelnud, Judgo; reversed; opinion by
Justlco Sinter.
This Is u suit to recover damages
by the appollant iih the result of
boing knocked from a telephone polo
while working for tho Pacific States
Telephono Company by alleged no
gleet of tho Portland Hallway Com
pany In permitting a high voltugo
wire to sag onto ono of the steel
steps In tho polo. In the lowor court
u non-suit was granted tho railroad
company, from which tho nppenl was
taken. Tho supreme court holds that
Inasmuch as contributory negllgenco
Is claimed to oxlst on the part of tho
appellant as tho grounds of non-suit
In the trial court below and neglect
Is shown In tho evidence to exist on
the part of tho railway company for
allowing tnolr wlru to como In dan
geious contact with the polo on
which workmen aro compelled to
stand, and according to tho testimony
the nppollunt wns not nwnre tho wlro
was touching the polo, and was In
tent upon locating trpublo In tho tolo
phono system, this, would tend to
show thnt negligence la not probablo
where tho nppollant is not aware that
danger pxtsts. Tho Judgment was
therefore roverscd nnd remanded.
In an opinion written by Justlco
Kali 1 1), Judgo William Galloway's de
cision In tho case of Lachmund &
Plncus vs. Lope Sing. Oliver Doers
and Sled Ditch Is affirmed b tho
supreme court.
This Is n suit to recover $1329.43
as a foreclosure of a chattlo mort
gage hold on a hop crop which was
turned over to Lachmund & Plncus
by tho Clemons Horst Hop Company,
after an alloged breach of contract.
A contract had boon drawn up with
the respondents In tho caso by tho
Horst company In which It was stipu
lated that tho Horst company was to
take 40,000 pounds of hops at a cer
tain prlco It tho respondents, Sing
and Deors, hdsbanded the prop cor
rectly, but upon tholr failuro to do
this, ti.o hops woro to bo purchased
U. G. Holt was elected tho new-
school director yesterday by 44 ma
jority pvor the othor candldnto, Mrs.
N. E. Grlswold, Holt receiving 81
votes, wsllo Mrs. Grlswold received
37.
Tho regular annuonl meeting ot
tho pchool board took place last night
at tho high school, and noxt Wednes
day evening was selected for a spe
cial meeting to bo hold at tho high
school for tho purposo of making an
official count and swearing in tho
now director,
Tho nnnual report ot school dis
trict No. 24 was submitted for tho
year ending July 21, 1909. Tho re
ceipts since tho dnto of tho laot an
nual report aro $GC, 580.44; disburse
ments, $G1,374.74, and tho cash on
hand $5206.70.
Tho election yostorday was not
of much lntorost to tho property
holders, evidently, as there wero only
118 votes cast,
o
Albany ha a glove factory that
will also make awnings nnd tents,
United Press Leased Wlre.l
Puget Sound Navy Yard, Juno 22.
Tho distinction of commanding
the smallest fleot which over repre
sented tho United StntOB navy has
fallen to Ensign D. H. Steele, of tho
cruiser Colorado, now at this yard.
Ensign Steel's flagship Is to bo tho
baby torpedo boat Manloy and two
steam launches will comploto tho
squadron. Tho thrco little vsbo1b
will represent tho navy nt tho Lake
Champlaln tor-contonnlnl exercises,
to bo held on thnt hlstorlo body of
water July 6 to 9.
Tho mlnlaturo squadron Is now be
ing tt'somblod nt tho Drooklyn navy
yard, from whoro It will proceed up
the Hudson river and canals to Lake
Champlaln to participate In tho ceremonies.
Flvo Killed In Train Wreck.
-
UryKed Press Leased Wire
Vancouver, D. C, Juno 22. Flvo
men wero killed in a wrack on the
Cnnndlan Pacific railroad nt Notch
Hill, near Kamloops, today, whon
tho wheel of a freight car broko and
ditched sovornl cars. Two of tho
bodies, recovered from tho wreck,
are evidently tramps, but ono of tho
train crow Is missing. Tho othor two
victims, whoso bodies aro still In
tho dobrls, aro thought to bo tramps
who wcrtt stealing a rldo.
o
Eugene wnntB you to visit her July
Fourth. f
Corvallls will colebrnto July 5
times.
WILL TRY TO LOCATE
SUNKEN VESSEL
United Press Leased Wire.
San Francisco, Juno 22. Officers
of the United States mine plnntcr
Armlstcnd nro planning to mnko n
final effort to locate the sunken hull
of tho steamer Rio dc Janlero, which
was wrecked In the Golden Onto
Fobrunry 22. 1901. Tho Itlo was
entering tho harbor from an Orlentnl
trip nnd carried to tho bottom with
her scores of passengers nnd $200,
000 worth of treasure. During tho
hiBt eight years many attempts have
been made to locate the wreck of
tho Ill-fated vessel. It Is thought
that It has boon carried far to sen
by tho tides.
The Armlstcnd, accompanied by the
Ringgold, recently came to this port
from the Atlantic const. Sho Is In
command of Captain F. K. Ferguson.
Nervous People
And those afflicted with heart weakness
mar now have no fear of the dental chair.
11BAD WHAT MI18. IIANLHT. 8A8l
I bad 10 teeth extracted at the Ilarr&rdi
Dentists' without the least pain, and blghlr,
recommend them.
MPS, IIANLRY, rreempnt Station.
Whalebone Plate $1(P
A Great DUcoverv, the Sew Whaltuont.
Plate, which Is i..u lightest and strongest
set known ; does not corer the roof of the
mouth; bite corn off tho cob; guaranteed
10 years.
$1000 WG CHALLENOU TUB WOULD.
We will forfeit $1000 to any charltabk
Institution for the dentist who can make a.
plate for $15 as good as we make for $10.
lO Year Guarantee
Hold Crown, citra heavy J 5.00
Pull Set Teeth (whalebone S. S. W.).. aoo
Bridge Work, per tooth, best gold. . .,: 0.00
White Crowns : 4.00
Teeth llc-enamelcd 3.00
Uo.U Killings 1.00
And not exceeding 12.00
licit Silver Killings to.CO
Platinum Killings ...il.oo
Teeth Cleaned J0.B0-
TKHTIl EXTRAOTED WITHOUT 1'AIS
Free When Other Work t$ Ordered
Of our new system of painless dentistry,
used by us atone. Our success la due to the
high-grade work done by our expert, gentle
manly operators.
Harvard Painless Dentists
Corner Park and Washington Sts.,
Ovor Royal Dakory, Portland, Or.
Largest and best equipped Dental estab
lishment In the world ; SO offices In United
Htntrs. Open Sunday, 0 to 1. Dally until 0.
P
A Skin of ttawtfbaJiyftrriir
Dp. t. reux m wms wentai
CtEAH-jKHAiKAlKAimnEK
RtmOTM Tut. riapltK
fmUu,, Moth JWeW
UU pilft XJUf&M
ua vwy Ditmua
oa 041117. ana u.
H3BJ S3i
33. aC5rik
Ma ;t jnm&Srk
0ard'a CrcaM' a th Wut hiraful cl a
ajsa mpantiaa. tot aalt by au drauUU aa4 t
IseaVgwJwsta tat VatU4 SUUa, CaaaJa aa4 En
fMT.MKHK, fnt, VM Jmm Stmt. Km Yt
aa uaauii. auiu uar
tat dlcUoa. It
au Wood tht tot
ot an yean, aa
Uaa aannltaa !
taut U too tan It
It properly mad.
Acctcl no toonttf
felt of almtlac
Eimt. Dr. L. A.
Sarr taM u a
lady ot tht fcaaV
ton (a PAtltalH
"At you ladltt
Ul UM thtO.
I itcocautaa
u or au ia
I rancj.
Euroi.
Only Two Days More Only Two Days More
CLOSING SLAUGHTER SALE
Our $25,000 Stock Has Been Slaughtered and More than
Half Is Gone, and Only TwolDays Remain to Get the Finest
Chinaware, Porcelain, Glassware, Real Hand-Painted Works
of Art for Half Price
$5,000 Worth of Gifts and Wedding Presents
In the electric lighted cabinet that must go at your own prices. Forced to make room
for large importations coming on for the Summer and Fall trade, Largest stock in tho
Willamette Valley in all lines, and if you need a single berry dish, a cream pitcher, or
any article of cut glass or silverware, this is the
Last Chance to Get It at
I
HALF PRICE
STILL A FEW SAMPLES
)ne Bronze Statue of Eros, value $37.00, sale price $19.00
One Hand-painted Tankard Jug, value $16, sale price $ 9.00
One Hand-painted 16-inch Vase, value $10, sale price $ 5.0
One Footed Cut Glass Punch Bowl, six glasses to match, and one 18-inch plate
glass mirror, value $74.00, sale price s. j $31.00
One Metal Stein, value $20.00, sale price $ 8.50
One Denatured Alcohol Stove with chafing dish, something entirely gew; value
$13.00, sale price ;.; $ 9.00
One Tiffany Vase, value $27.75, sale price '. $13.00
One Tiffany Vase, value $24.65, sale price ' $11.75
One Tiffany Vase, -value $15,00, sale price, : $ 7.00
One Tiffany Vase, value $12,35, sale price $ 5.65
Remember, the Rest of this Mammoth Stock is Marked
Down in about Same Proportion. Now Is the Time to Buy Cut Glass
K3H
YOKOHAMA TEA CO.
174-176 Commercial St
This Sale Positively Closes Wednesday, June 23, at 10 p. m.
f