The Spokane press. [volume], March 17, 1910, Page 2, Image 2

About The Spokane press. [volume] (Spokane, Wash.) 1902-1939

Image provided by: Washington State Library; Olympia, WA

                
PAOE a
LEGALITY
OF CLAUSE
ATTACKED
LAWYERS SAY TERMINAL RATE
PROVISION WILL NOT
STAND.
TWOWRITTEN OPINIONS
In written opinions submitted to
day by request to A. W. Doland,
chairman of the interstate com
merce commission of the chamber
of commerce, Cyrus Happy and
James M. Geraghty, attorneys, hold
that the city cannot enforce a ter
minal rate clause in the franchises
of the Milwaukee and the North
Coast and that if the same were
granted it would be null and void.
Those opinions will he read to
night at the meeting of the chamber
of commerce on the franchise mat-
ter and published in the newspapers
in advertisement form tomorrow.
it is held that the city, in trying
to enforce termnial rates by a fran
chise contract, is exceeding the an
thortty reposing in it as a mantel
pal corporation. Such a contract is
held to be a special contract and i
contrary to the interstate commerce 1
law. Decisions are cited to show j
that franchise contracts of this j
character are not upheld by the j
courts, and that violations of the
same have been held as not invali- i
dating the franchise.
H. M. Stephens, attorney in the
Spokane rate case, and Frank
Graves, attorney for the Hill inter
ests, believe that the terminal rate
provision will stand.
COMMISSION
PLAN UP TO
COUNCIL
Mayor Pratt has transmitted to
the city council the report of the
charter revision committee, with
the recommendation that a special
election be called for the choice of
15 freeholders to draft an official
charter.
The mayor reaffirms his belief
in the commission plan of govern
ment, but has nothing to say as to
the character of the charter drafted
by the committee, beyond the state
ment that the committee had
worked faithfully and given months
of consideration to the proposition.
The charter proper covers 30
typewritten pages, and has 13 ar
ticles. There are seven pages of a
letter to the mayor and eight pages
of "exhibits," making the whole doc- \
ument. with the mayor's letter, con
tain 47 typewritten pages.
It is not expected that the city
council will break its neck calling
the special election.
FAMILY TROUBLES CULMINATE
IN A SCALP WOUND.
Family squabbles came to a sud
den end last night when J. J. Demp
aey, who claims to l>e a newspaper
man, and resides at 1808 Augusta
avenue, was arrested on a charge of
disorderly conduct. Dempsey'a
scal|i was decorated With a nasty
wound, which was bleeding pro
fusely, and he was taken to the
emergency hospital, before being
booked, where his head was dressed
by Steward Dare.
SIVERSiDE \ Aye »nd\ /post ST
Peyton w block. V spokane
Originators of Reasonable
Prices
A mnn nlrfnrty Strong Is 11*
fcstted to and everything he
Huyn Ih applauded,
BMBRBON.
SPECIALS FOR FRIDAY
8. s. S fi.oo 894
8. S. S |1.7* UHe
Bell's Pine Honey..2",c 14c
Bell's Pine Honey .r.Uc 2HC
Bell's Pine Honey ?1,00 r>tte-
Pape's Diuretic 60c 27^
Pape's Diapepsin . ,50c 9f4
BUI. VA ZONE eradicates ca
tarrU from tlie entire system,
alda dlffftftlon, gives you an
itpixitilP oid makes life wcul.i
living- or your monajr back.
Il.eo a bottle. '
Whisk Broom Sale Today—
AH 25c brooms (bought be
fore the advance),
special ... W. 1!«
Ymi will wvt money by
reading <h" lint of Hpe.-iul
prtoos In our windows.
Tli«*t« In i» t*oo« reasoß why
>our diH'tor wants hla pienrrlp
llMM ril|a4 at this at-irc *«•*
la«ar*d ••part oaarmactata
•nip. All work double
MMifeed /'••If U» »•*»•"
LOW VALUE FOR
HUMAN LIFE
JURY GIVES WIDOW AND CHIL
DREN $1250—DEAD MAN
PARTLY AT FAULT.
Mrs. Ora Grasser and children
were awarded $12">0 by a jury in
Judge Hinkle's court this morning
against John Munch, for the death
of their husband and father in a
foundation cave-in on July 2">. l!Hl!t.
The suit was instituted for
$30,000, but the jury found that the
deceased was partly responsible for
the accident through his own negli
gence, holding the Munchs respon
sible to the amount of $12. r >o for
their failure to guard against acci
dents.
Henry Munch was laying flooring
on the foundation of a house under
construction when the north end
of the foundation wall caved f n,
crushing him to death.
STAFFORD FOUND
NOT GUILTY
Wilson M. Stafford, indicted su
perintendent of the county poor
farm, was freed from the embezzle
ment charge against him yester
day afternoon. Judge H. 1,. Ken
nan instructing the jury to return
a verdict for the defendant.
The dismissal of the case does
not amount to an exoneration, as
the court held that the charge of
(Ltatn'ng money dnder false pre
tenses, rather than embezzlement,
should have been preferred against
Stafford.
CANE RUSH
AT MOSCOW
(United Press Leased Wire)
MOSCOW, Idaho. March 17.
—In a cane rush between
sophomores and freshmen on
the campus of the University
of Idaho today P. Louck, a
freshman, sustained a broken
shoulder and was taken to the
hospital. A sophomore named
Johnson was also injured, but
not seriously.
Two rushes were held, each
lasting five minutes, and the
sophomores were victorious in
both.
DYING AS THE DIRECT
Sullivan have men been put on
bread and water for 35 days; from
three to five days is the army regu
lation. Ten days means chronic dis
ease for the average man, but for 3, r >
days S. O. Chirm was given a bread
and water diet, and from the bar
barity of the treatment he emerged
a wreck, and is dying a lingering
death.
Chirm went to jail because he per
sisted in exercising his right of free
speech, as he read the constitution,
lie caused no disturbance/, he de
manded merely what he considered
his rights; he was no bomb thrower.
Ino senseless agitator; he was one.
of the town's citizens, and a quiet,
soft spoken, hard working man. But
he had determination; so had Sul- 1
livan to prove that when he said j
the constitution wasn't worth a
damn thai be knew what he 1 was;
talking about, so Sullivan kept
Chirm on bread and water for 35 ;
days, and so today Chirm, by giving
up the struggle and finally dying,
admits that Sullivan knew what he
was talking about.
Don't you wonder if Sullivan is:
- real proud and happy of his little I
victory over S. O. Chirm?
Chirm doubtless was to blame for j
his own death; he should have
given up his fight against the odds; J
be should have recognised that men
can be tortured to death In Spokane
regardless of law or common de
cency, and he should have saved his
life. But, you see. Chirm was not
that sort of a man: what he thought
was right meant everything In life
to him. and if it had taken twice 35
days Chirm would have been there
just the same.
Sullivan can't escape the moral
responsibility for this man's awful
death today by saying the man
could have given in and agreed not
to speak on the streets. The gov
ernment does not give its worst of
fenders one-third the treatment Sul
livan gave this man, who was
i guilty of no offense the law recog-
I nizes, and when Snllivan (ranscend
' ed the bounds of civilized brutality
! 200 per rent he did so on his own
SHE THOUGHT ST. PATRICK
WANTED EVERY HEN TO DO DUTY
On the eve of Bt. Patrick's day
one Spokane hen did her duty;
nobly. She is the property of Mrs.!
Roby at 1108 Stafford street, and
i when she waddled off her nest late
! yesterday she had something worth
i while cackling about.
"Cluck, cluckety cluck, te he!
Qoodneas Gracious! Come here
S ! uick and ser what I have done,"
he excitedly cried, and Mrs. Roby
I investigating, discovered an egg 1
(that looked like an ostrich had 1
CONNOR
WILL I
INQUIR
E. O. Connor, former corporation
counsel, when asked for a statement
today in reply to the return attack
made on him by the new corpora
tion counsel, John E. Blair, in a let
ter to Mayor Pratt, published this
morning, said that he had nothing
to say beyond what was contained
in his original letter to the city
council. The former city legal head
does not desire to prolong the con
troversy through the newspapers,
but will give all aid possible to the
council committee investigating the
conduct of the corporation counsel's
office.
Blair is scared that the council
may chop off bis head and has had
some of his influential friojids in
terview tlie councilman and plead
his case.
Corporation Counsel Blair has
named V. T. Tustin and K. L. Mo-
Williams, bright young lawyers, as
his assistants. Both men qualified
today by taking the usual oath. Mr.
Blair qualified yesterday by giving
a bond for $.")000, with the .Pacific
Surety company as bondsman.
TRIED TO END
LIFE DNDER
TAFTS CAR
AGED WOMAN THROWS HER
SELF BEFORE WHEELS OF
PRESIDENT'S AUTO.
(By United Press Leased Wire)
CHICAGO, March 17.—An aged
and infirm woman tried to dash
herself under the wheels of Presi
dent Taft's automobile here today.
She was rescued by a daring police
man, who snatched her from the
path of the moving machine and
bore her to safety. Only the fact
that the machine was moving
rather slowly prevented a tragedy
that would have marred the cele
bration of St. Patrick's day, which
Taft came here from Washington
to attend.
The woman, whose name has not
been made public, made two at
tempts to kill herself. She broke
through the police lines, shortly be
fore the president's machine had
halted. At that time she was seized
by several men and carried back to
the crowd. Later, on Chicago ave
nue, she made her way through the
lines, evaded the police and threw
herself prone before the oncoming
ear in which the president was
seated.
The incident was only one phase
of a strenuous day for the presi
dent. He alighted from his private
car at 8 o'clock this morning. He
was welcomed by the Irish Fellow
ship club and the Seventh regiment
Illinois national guard, composed of
Ireland's sons.
The president's program this af
ternoon included a conservation
mass meeting which had been
called to endorse his policies, and
receptions at various clubs from
4 o'clock to (!. In the evening he
will attend the St. Patrick's day
SLOGAN—MILE OF
PETITION IN WASHINGTON
May Arkwright Hutton,
president of the Washington
Political Equality League,
makes the following unique of
fer to the children of the pub
lic schools of Spokane: The
league is desirous of securing
as many slgnaturi B as possible
to the national petition, and of
fers one cent for each signa
ture of citizens, men or
women, over 21 years of age,
giving their occupation and ad
dresses.
These petitions will he given
out between the hours of 3
p. m. to 6 p. m. Friday, March
18, and must be returned not
later than 6 p. in. Saturday,
March Ift.
That tin' above offer is per
• missible is shown by the fol
lowing telegram received from
• national headquarters:
"Mrs. May Arkwright Hut
• ton, 428 Hutton building, Spo
• kane. Wash.. —Your plan of
• prizes good; is approved by
> petition committee. Rachel
> Foster Avery, Chairman."
KAXSAS CITY, Mo.—Fifty high
school classmates of Cora Downs,
117, Join in search for negro who
attempted to assault her.
been in at the finish. The egg
weighed seven ounces. Big eggs
from breeds like the Brahmas
weigh but 18 ounces to the dozen,
so that Barred Rock hen presented
an egg just five times bigger than
the biggest you generally discover
in the hay.
Come to think of it, probably it
wasn't an Irish egg at all, at all.
Easter is coming along in a few
days and it really does behoove
nice hens to do something worth
while.
THE SPOKANE PRESS, THURSDAY, MARCH 17, 1910.
BOY IKES, A
STRONG PLEA
TOR LENIENCY
One of the strongest appeals for
leniency ever made by a prisoner in
a local court was heard this morn
ing before Judge H. L. Kennan of
the criminal department of the su
perior court, when John C. Cooley,
a 21-year-old forger, son of a New
York millionaire, told the story of
his life and explained in a straight
forward and honest manner, devoid
of all bravado, how he became a
forger.
''When I was released from the
county jail a short time ago after
serving a short sentence imposed
by a Cheney judge, I had just |1,30
to my name. I spent 30 cents of
this for food for the hoys at tin
jail and the remainder for a room
"Without a cent with which to
buy a meal, I forged a friend's
name to a check, intending to hunt
him ud and secure a loan to cover
it. I did not find him as expected,
so began writing other checks to
cover up the proceeding transac
tions."
Cooley's father is a millionaire
manufacturer in Now York city.
Divorce wrecked the home and
threw his son on the world.
Cooley's grandfather is the author
of Cooley on Torts, one of the stan
dard legal works. The young man
told of leaving his parents in New
York at the age of 6, working his
way through school, his position as
preside lit of the freshman class of
the Broadway high school at Seat
tle, and high rang in athletics.
The young fellow was sentenced
to from six months to 20 years in
the Monroe state reformatory. It
is probable that the youthful forger
will bo released after serving the
minimum sentence. ,
bigllk coming
Preparation! for the visit. ;of .7.
IT. Sammis. grand exalted.rijler of
the Elks, are being made 1»- fhe lo
cal lodge. Mr. Sammis, who is ex
pected about the last of April or
first of May, is a brother of Fred
H. Sammis, proprietor of tfteJCr.w
tal Marble Works of this eil|.
CAN'IO
MACCABEES'
CELEBRA tfON
The Lades of tho Maccabees will
hold a short business' session at
7:30 o'clock this evening at fhelr
club rooms, 722% First avenue,
after which they will be in readi
ness to receive their St. Patrick
guests, who will trip the light fan
tastic toe to the music of "Ireland
the Gem of the Ocean," 'at the ball
to be given by the Maccabees this
evening.
The L. O. T. M. are in front rani
and are anticipating a splendid
time.
LEGALITY IS GRAVE
QUESTION
Justice for the city, with two trunk
systems knocking at Spokane's
doors, wil not come again soon. Ter
minal rates would mean more than
the coming of half a dozen new rail
ways, it is asserted, and the posi
tion of standing pat, even to the
point of losing the roads, is urged.
Sam Berry—Now is the time to
insist on terminal rates; we cannot
well do this after the roads are in. '
We stand with the city council.'
even to the extent of losing the
roads—hut I think there is no dan
ger of that.
M. D. Hall, manager of the Grot«
Rankin Co. —The way to secure per
manent relief in railway rates is
through national legislation. We
need all the railroads we can gel
and I do not think that it Is just to
insist on one or two roads being I
barred because of the conduct of
the older lines. In times of business
depression the raMroad pay rolls
go on. We need all the industries
we can get. and in this line the rail |
road is one of the steadiest employ
ers in the country. Railroads must
run, when other industries shut
down. .'
C. J. Kemp of Kemp & Hebert—
While not having given int/ch sfttdy
to the question of terminal rates, I
believe in upholding the action of
tlie city council. If we can but g< t
terminal rates it will moan more to]
Spokane than all the railroaiTs" we
can bring to this city.
O. D. Coughlin, managespff jthe
Whitehouse —While in thp*«s# re
cently I was given a forcible lllus-*;
, tration of the inequalities of rail
j road rates. When you place your
money on the railroad counter to
buy a passenger ticket the rate to
Spokane is less than Tacoma or Se
attle. It is based on the actual dis
tance traveled. Yet when wp tender
a shipment of dry goods to ouri
houses at Spokane and Tacoma, we
j are asked to pay $1.35 more per;
i hundred for the shipment to Spo
kane than to Tacoma. Yet, with all..
| this, the question arises, can we get
I lower rates by insisting on the ter
initial rate clause? If I thought we,
could. I would favor a delay or one,
two or three months in acting on
the franchise. Hut I fear that the
plan is a new and rather ilrajftie
method of trying to secure the de
! sired results, and I see no hlspe of
' terminal rates from this source-'
Hence I am In favor of admitting'
the Milwaukee and the North Coast. 1 ,
■ 9
SPOKANE'S
PROSPERITY
JEOPARDIZED
Jj] RESPECTFULLY ASK YOU, AS CITIZENS INTERESTED IN
V/ \JLT \\ THE WELFARE OF THIS CITY, TO SIGN NO PETITION UP
l(? WJ HOLDING THE COUNCIL IN THE STAND THEY HAVE
TAKEN REGARDING THE NORTH COAST AND MILWAU
KEE RAILROADS, UNTIL YOU HAVE GIVEN THE FOLLOW
ING FACTS YOUR CAREFUL AND THOUGHTFUL CONSID ERATION.
MR. STRAHORN, PRESIDENT OF THE NORTH COAST RAILROAD,
STATES THAT THEY HAVE ON THEIR PAYROLL IN THE SPOKANE
COUNTRY TODAY 1600 MEN. INCLUDING THE OFFICE FORCE, THE
DAILY WAGE ROLL IS $6,000.00. HE SAYS HE WILL PLEDGE HIMSELF
THAT IF THEY RECEIVE THE FRANCHISE FOR WHICH THEY ASK, HE
WILL HAVE 2,000 MEN AT WORK INSIDE THE CITY LIMITS, AND 6,000
MEN IN THE SPOKANE COUNTRY WITHIN 30 DAYS—MAKING A TOTAL
PAYROLL OF OVER $20,000.00 PER DAY.
DO YOU WANT TO LOSE THIS PAYROLL? THIS IS SEP ABATE
FROM ANY MONEYS WHICH WILL BE EXPENDED BY THE CHICAGO,
MILWAUKEE & PUGET SOUND RAILROAD, WHICH WILL PROBABLY
AMOUNT TO ANOTHER $20,000.00 PER DAY—MAKING A TOTAL OF
$40,000.00 PER DAY TO BE EXPENDED BY THESE TWO RAILROADS AS
SOON AS THEY SECURE THE FRANCHISE FROM THE CITY COUNCIL.
MR. STRAHORN ALSO STATES THAT THEY WILL BUILD THEIR CAR
SHOPS WITHIN THE CITY LIMITS, AND EMPLOY NOT LESS THAN 500
MEN IN THESE SHOPS. THIS WILL MAKE A PERMANENT PAYROLL OF
$50,000.00 PER MONTH, AND ADD TO THE CITY'S POPULATION 2,500
PEOPLE. -
CITIZENS OF SPOKANE—WHAT WE NEED HERE ARE PERMANENT
PAYROLLS SUCH AS THESE RAILROADS PROPOSE TO GIVE US. CAN
WE AFFORD TO LET THIS OPPORTUNITY SLIP BY? NO! AND WE ASK
YOUR ASSISTANCE TO GET THIS PROJECT STARTED AT ONCE.
BUSINESS MEN OF LARGE EXPERIENCE AND PROVED LOYALTY
TO SPOKANE'S BEST INTERESTS, ASSURE US THAT IT IS ABSOLUTELY
IMPOSSIBLE TO GET TERMINAL RATES BY THE METHOD OF HOLDING
UP THESE FRANCHISES ABLE AND UNPREJUDICED ATTORNEYS TELL
US THAT IT IS IMPOSSIBLE. WE BELIEVE THAT IT IS IMPOSSIBLE
BY THESE METHODS TO SECURE TERMINAL RATES—THIS IS A MAT
TER FOR THE INTERSTATE COMMERCE COMMISSION TO SETTLE-.
AND THAT TO REFUSE THE RAILROADS THIS FRANCHISE AT THIS
TIME WILL BE SHORT-SIGHTED POLICY AND WORK LASTING HARM
TO THE CITY AND TO EVERY MERCHANT AND LABORING MAN IN THIS
CITY.
CITIZENS, WE APPEAL TO YOU—CAN WE AFFORD AT THIS TIME
TO LOSE THIS VAST EXPENDITURE OF MONEY AND PERMANENT
PAYROLL GIVING STEADY EMPLOYMENT TO THE BEST CLASS OF
LABOR?
WE ASK YOUR ASSISTANCE TO GET THIS PROJECT STARTED
AT ONCE.
A. W. DOLAND,
C. B. NASH,
C. M. FASSETT,
GEORGE S BROOKE,
SAM GLASGOW,
THOMAS H. BREWER,
A. F. M'CLAINE,
C. F. CLOUGH,
F. R. CULBERTSON,
D. RYRIE,
R. B. PATERSON,
W. P. EDRIS,
FRED E. BALDWIN,
WERNER BROBERG,
F. E. ELMENDORF,
JAS. B. GRAY,
F. J. WALKER,
J. C. CUNNINGHAM,
FRED B. GRINNELL,
S. BARGHOORN,
FRED FLINT,
J. J. CADIGAN,
GEO. M. COLBORN,
CLARK BROS. & KLEIN
PHIL T. BECHER.