VOL. XX.
DECLARE
THE DITCH A
y o ItllSAHifjIE
City Attorn leclares the City
of Salem npany Has For
feited Its chise.
CITY HAD NO JURISDICTION
Tho Provisions of the Franchise Re
quired the Company to Maintain a
Substantial Cover Over the Race,
and to Erect and Maintain Bridges,
' Which It nas Never Done.
In an opinion submitted to the
city council last evening with rela
tion to a resolution introduced by
that body declaring a certain ditch
"belonging to the City of Salem Com
pany a nuisance and providing for
its abatement, City Attorney Corby,
not alone declares that the company
has forfeited its franchise, but also
questions the authority of the coun
cil in the first instance to grant the
franchise. The opinion is lengthy
and in part is as follows:
Violated .Ordinances.
"On December 19, 1882- the Com
mon Council of this City attempted
to grant a franchise to the City of
Salem Company, a corporation to
construct a water race limited to 25
feet in width at the top, along the
center portion of High Street, Divi
sion and Front Streets, and Section
2 of the Ordinances granting such
franchise required the said Company
to maintain, a substantial cover over
the race, and to erect and maintain
bridges and to restore the street, af
ter making such excavation, to a
good condition for travel all of
which is required to bo dono in a
good and workmanlike manner."
"It is apparent from a casual in
spection of the said race that the
same was never constructed accord
ing to the provisions of the Ordi
nance, and niover has been main
tained or kept within the limits
thereof, and the banks have caved
and washed away till in some places
the race occupies nearly the entire
street, furthermore tho banks made
by reason of the excavation appear
to have bden left without any. at
tempt to comply with that portion
of tho Ordinance requiring the street
to bo reduced to a good condition
for travel."
"Furthermore the project as aa
Industrial movement seems to have
been entirely abandoned. Every
provision of the original grant has
been violated to such an extent that
if the said Company ever had any
right over the said street1 they
havo forfeited the same by violating
all tho plain terms and conditions of
the franchise."
Beyond Jurisdiction,
"As a matter of law, however, no
municipal corporation has any pow
er or authority to grant a franchise
along over, or across its public
streets which does not comport with
tho uso of such streets, by tho pub
lic for road purposes. No principle
of law Is bettor established than the
general principle, that In admitting
obstructions to public streets, a
municipal corporation must confine
itself to the reasonable use of
suoh streets for general traffic, an
has no power or authority to estab
lish or permit in any of its public
stroote that which will have the re
sult to prohibit traffic, and dostroy
such street as a public thoroughfare.
din the present case under consid
eration the franchise attompted to
be granted amounts praotically to an
appropriation of tho street to this
Company, and If suoh would bo
(Continued on page 5.)
WITH FEVER
v Gondokoro, March 1. The
people here today are wondering
whether T. R. is disease-proof
as Well as accident-proof.
Soon after the Roosevelt party
started down the Nile river yes-
terday several cases of African
fever broke out among those who
had been in close touch with the
former president.
Dr. Torsch, the French mis-
slonary, who dined with Roose-
velt yesterday, died of the fever
today.
The district commissioner
who was also active in. entertain
ing T. R., was stricken with the
fever, and is in a serious condi
tion. Reports from Kampala district
say that the scourge developed
there in the most serious form a
few days after the departure of
the Roosevelt hunting party.
Reports from Roosevelt today
state that he continues to be in
perfect health.
'
PDLPIT
DTTERANC
Resented at Eugene by a Plain
Citizen. Who Resents Of
fensive Preaching.
united tresr leased wiiib.
Eugene, Ore., Feb. 28. (Special)
J. N. Coll?, a resident of the su
burb of Fairmont, this afternoon
slapped the face of Rev. D. H. Trim
ble, pastor of the Humphrey Memor
ial Methodist Episcopal church, was
promptly arrested, arraigned before
Police Judge Bryson, and Anted $20.
Many wordy clashes have occurred
as tho result of the evangelising be
ing dono here by Rev. French E.
Oliver in a series of meetings, but
this Is the first active violence' re
ported. The affair took place on Willam
ette street, the city's busiest thor
oughfare, and the altercation at
tracted considerable attention be
fore tho resounding smack crystal
lized matters. Rev. Oliver has been
making radical statements from his
pulpit, among them that he "would
rather see a saloon opened in Eu
gene, than a Unitarian Church,"
that students and faculty of tho
University of Oregon who are out
side the pale of orthodoxy are "rot
ten as hell;" that the local school
board is a "bunch of jackasses" for
not allowing religious exercises In
tho schools.
It Is said the discussion between
Rev. Trimble and Mr. Cole arose be
cause of ono of tho statements of
tho travollng evangelist. Rev.
Trimble was not much hurt by Ills
slapping, but he felt no little cha
grin. Mr. Colo promptly paid tho
fine assessed against him and went
his way.
The University papar had this on
Oliver:
"The evangelist who is holding
forth in tho big barn down on Tenth
street continues, with little rpgard
for the fitnoss of things, to make
suggestive remarks about the char
actor and Intellect of tho university
faculty and students. His lnfluono
might be greater with them. if he
would quit talking about the 'ven
geance' of a supposedly loving God
and attempting to appear eolentlflc
by referring to the cetacea (a kind
of whale) as a land animal, and the
zodiac as a star. So far as we know
of nu university student has been
converted."
RADICAL
SAU5M, OREGON, TUESDAY, MARCH 1, 1010.
FOR
TY FEET
Great Fears Are Entertained for
ported to-Have Been
Everett, Wash., March 1. The
slide today in the mountains has been definitely fixed as the Spokane
westbound train, which has been stalled near Wellington since Feb
ruary 24, by Great Northern officials this afternoon. Great fears
are entertained that all of the 30 passengers may have been swept
to the bottom of the canyon.
WIRES ARE A
Relief Train Carrying Doctors and
Scene of
Everett, Wash., March 1
'Mail
out by snowslido today."
This broken message from the mountain was received at tho Great
Northern- office at 11 o'clock this morning, and resulted in tho im-
mediate dispatch of a relief train with every available doctor and
nurse and a smal larmy of laborers to the mountains.
The train referred to is undoubtedly the Spokane local, westbound,
stalled near Wellington slnco February 24. There are 30 passengers
aboard. All other trains have passed tho blockade. There is 40
feet of snow on the tracks for a distance of 30 miles, which would pre-
vent any other tram rrom even attempting to cross tho mountains.
Every wire between here an Wellington Is down, broken by the
snows and slides which has stopped traffic for a week.
The operator who sent tho message did not even give his station,
and efforts to get hi mslnce have been fruitless. What train it Is, for
sure, and whether the passengers were carried down into tho canyon
below under tons of sno wand debris,, or any of the details are un-
known. The Great Northern is taking no chances and are sending a
relief train headed by a snoWplow"ft the hopes of- running ' the"
blockade to tho scene of the accident.
The gulley Into which the train was swept Is reported to be
BOO feet deep. It is rumored that the death roll will bo heavy.
Late this afternoon it was reported that two trains lnstead of
one were destroyed by tho snow slide, but owing to the demoll-
tlon of wire service, this could not be verified.
ROSS GRANTED STAY OF
EXECUTION FOR 60 DAYS
A stay of execution for a period of
GO days was granted this morning by
the supremo court to J. Thorburn
Ross, who wa3 convicted of tho em
bezzlement of $288,426.87 of the
state educational fund, and whoso
conviction was recently sustained by
the supremo court. The stay was
granted for the purpose of giving
Ross attorneys an opportunity to per
fect their appeal to the supreme court
of tho United States.
Ross was sentenced to serve a term
of five years in the state penitentiary
Tho attorneys for the defense will
base their appeal on the ground that
whe nRoss was prosecuted by infor
mation, instead of'an indictment pre
ferred by a grand jury, article C of
the constitution of tho United States
was violated. This article provides,
among other tilings, that "no per
son shall bo held to answer for a
capital or other infamous crime, un
less on presentment or indictment of
a grand jury."
South Palouse River- Overflows
Several Feet Under Water
Transportation Demoralized.
Colfax, Wash., March 1. Colfax
today Is sufforlng from sorious
floods whioh havo ' alrtoady dono
thousands of dollars worth of dam
age, washed out bridges and demor
alized rail transportation. N
The ontlro lower part of the city
from Upton street north and nlw
tho ontlro south part of tho olty
from Thorn street south Is under
water. The South Palouso rlvar
and what Is known as Spring Flat
creek are both raging torronts and
the water is still rising. Sevoral
streets are under water to the depth
of seven feet In places. That part
COLFAX,
FRO
WASH., SUFFERING
TY MILE!
the Thirty Passengers
on the Train.
Re-
tmln reported wiped out by a snow-
LI LDOWN.
Nhtses lias Been Sent to the
Slide.
train stalled in mountains wiped
TOWN OVERFLOWS
Utica, N. Y March 1. Many
small towns in tho Mohawk Valley
were badly damaged by tho overflow
of tho Mohawk river, today.
Residents of the village of Her
kimer, east of hero wore rescued
from tho upper Btorlcs of their
houses early today by means ot
boats. Heavy damage Is reported
from tho little town of Illon and al
so from Mohawk.
DIED.
WALKER At the homo five miles
east of this city, February 2S,
1910, Mrs. Sarah Walker, at the
ago of 82 years. Tho funerar will
bo held from the homo tomorrow
at 10 o'clock, interment In City
Vlow cemetery.
BEITEL At tho homo flvo mlle3
south of this city, March 1, 1910.
Anglo Beltol at tho ago of two
years. Tho deceased was. the
daughter of Mr. and Mrs. A. Bel
tol. 1 i i
M SERIOUS FLOODS
and a Portion of the Town Is
Bridges Washed Out and- Rail
of tho oity known as Russian town
Is entirely at tho mercy of both tho
north and sbuth brandies of tho Pa
louso and several families havo boon
rescued with groat difficulty. So far
no serious accidents or deaths havo
boon reported.
Tho rosidojice district along Per
kins avonue is ontlroly undor wator.
Bujlneps Is praotically at a stand
till and tho people are turning out
to fight the flood.
Word has just been received from
Pullman that tho wator Is rising
thero rapidly and flooding tho entire
business portion of flu- o'iy.
TOTAL LIST
OF DEAD 19
Wallace, Ida., March 1. Re-
ports brought hero today from
tho scene of tho snowslido at
Maco and Burke are that all the "
people caught in the avalanche
have been accounted for.' with
tho exception of threo Italians.
James Rogers, who was a mem-
ber of tho rescue party which
started from Burke to tho relief
of tho imprisoned victims at
Maco, Is tho last to bo taken from
the debris. He died of his in-
juries last night.
The total list of dead is placed
at 19. Thirty persons are suffor-
Ing from Injuries and shock, and
it is believed that many of these
will dio. .
The bodies of the dead are bo-
lng prepared for burial today,
and funeral services will bo hold
in tho opera house hore at 2:30
o'clock this afternoon. All banks
and stores in Wallaco aro closed
and other business is suspended
for tho day out of respect for tho
" victims of the terrible catastro-
TlllR.
Wallace, Ida., March 1. People
aro getting out of tho undamaged
portions of tho towns of Made and
Burke arid are taking shelter in
Walace. tho railroads transporting
jUipm free. TJjo. dtlzons of Wallace
aro opening their homes to tnom.
Tho only death today was that ot
Mrs. George Cooper, an elderly wo
man, who was rescued at Mace af
ter enduring terrible hardships.
Fifty homes aro burled beneath
30 feet of snow, earth, trees, stumps
and boulders, which aro packed os
solid as ice. Property worth $200,
000 has been damaged and 1,000
minors aro idle.
Dashing Young Widow Is Said
to Be Mixed Up in the
Deal.
PnrMnnrf. March 1 . C.rant C. Car-
,, ,!rnn-,,lnf n M, nmnlnv nf tlin
Owl Drug Company, who only a fow
days ago arrived hero from Michigan,
was arrested early today and lodged
In the county JEs.fl on tho charge of
obtaining money undor false pre
tenses. Carders' arrest followed a
sensational interview botween hlmsolf
and his wlfo in a local hotel, tho sub
ject of which concernod a dashing
young widow, Bald to havo beon pros
ent in tho room when tho wlfo camo
upon tho soono. Pending tho opening
of tho now drug storo, whoro Cardor
was to bo employed, he is said to havo
taken a fling at high finance. On tho
strongth of a letter written on tho
stationory of a logal firm of Kalama
zoo, Mich., addrossod to Cardor, stat
ing that an aunt In Grand Rapids had
committed suicide and loft him an oa
tato valued at $30,000, ho Is allogod
to have obtained from W. G. Souther,
u real ostato doalor, $100. Subse
quently Southor became skeptical and
wired tho local firm. Tho roply ex
pressed Ignorance of Cardors exist
once, and IiIb arrost followed.
o-
Notarial CoiiuuIshIoiis.
The following notarial commls
hIohb wero Issued today by tho secre
tary of stnto: D. W. Bayshaw,
Jacksonville; A. E. Nichols, Iron,
side; Ross A. Soward, Nysaa; L. D.
Drake. Pendleton; E. II. Thompson.
Bridal Boll; and Ida A. Sborry.
Portland.
MICHIGAN
DRUG CLERK
GOES TO JAIL
No. CI.
Supreme Court Hands Down
t Decision in the -Liyesely-
Krebs Hop Case.
FOURTH TIME IN COURTS
Tho Case First Started In 1000 in
Judge Burnett's Court, Wlicro Uio
Jury Rendered n Verdict In Favor
of tho Krebs, and tho Verdict Was
Sustained in the Supremo Court.
Tho supremo cqurt today handed
down an opinion in Llvesly vs.
Krebs, awarding Judgment to Krebs
for $4,000, in a long-contested hop
litigation that has been through tho
courts four times in different forms.
Tho suit was first begun by Carson
& Cannon in 1906 In Judgo Bur
nett's court "where tho jury gave
them a verdict. From this appear
was taken and tho verdict was sus
tained- intho rsupromaacourfcr- 'The-
dofondantB, The Llvesly Company,
wero not satisfied and brought an
equity suit before Judgo Galloway,
securing an injunction against col
lecting tho judgment of $4,000. Tho
caso was tried on injunction pro
ceedings before Judgo Galloway,
who dissolved tho Injunction, and
from this decision tho LIvesleys
ngaln . appealed to tho SupVemo
Court, which In its present opinion
sustains Judgo Galloway. This is
one of four suits over hop contracts
betwoon tho samo parties, altogether
Involving Jury verdicts of $17,000
In favor of Krebs Bros. There is
still ono caso pending before the
Bupromo court for $7,000.
Flvo Otlicr Cases.
Tho supremo court also rondored
a decision in flvo other cases.
In tho case of Hattlo E, Mansfield,
et al, against J.'L. Hill, ot al, an ap
peal from tho court of Judgo Gallo
way, tho Judgement of tho lower
court wns modified and a partition!
of tho property Is ordorod. This ac
tion was brought for tho purpose of
cancelling a deed made by Claud
Mausflold, hor husband, during his
llfe-tlmo to J. L, Hill, for a third
uuiirwr bubuou ui miiu;
I . i if t..
'SO to SOt nsldo a Will WllOrOln il
third Interest to thb land was de
vised by Mansfield to his mother,
Audio Thompson, Mrs. Mansfield,
prior to this time has been awarded
a third intorest in tho land whon
sho was divorced from . Mansfield.
Tlio ground upon which she sought
to sot asldo tho instruments was
that Mansflold was of nn unsound
mind at tho time of their execution.
In tho case of Tillamook' City
ngainst tho county court of Tilla
mook county, nn appeal from the
court of, Judgo Galloway, tho Judge
ment of tho lowor court wns re
versed. This was nn action brought
to compel tho county court to pay
over certain road taxes to tho olty
which had boon collected within lta
corporate limits nnd tho declslpn of
tho lowor court was for tho plaintiff.
Tho caso of J. C. Twichol ngainst
A. J. Rlsloy, appollants, suit from
Douglas county, and brought to ro
covor money paid out fgr thp bonoflt
of the dofondnnt wns dismissed.
An affirmance of the judgment of
tho lowor court was mndo in tho
caso of Charlfts II. Chlok, ot al,
against J. T. Bridges, ot'al, from
Lano county. This was an action to
onforco tho specific performanao of
a contract for tho conveyanco of real
property.
An affirmance of tho judgment of
f Continued on Pace S)