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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 6, 1908)
t TITE 3I0RXIXG OREGOXTAX, FRIDAY, NOVEMBER 6, 1908. 12 HILL INSPECTS HIS FOUR OFFICIALS OF THE SPOKANE, PORTLAND & SEATTLE RAILWAY, WHICH WILL BE OPENED TODAY ON FOURTH STREET DOORS OPEN AT 9:30 A. M GAL SUIT SALE City Attorney Kavanaugh Says Council Has Power by Ordinance. Magnate Crosses Columbia on First Train and Will Visit Portland Today. X 5 CAN EXTEND PRIVILEGE TOO BIG BANQUET IS PLANNED GIN STOP ENGINES NORTH Mil ROAD SPE Applications Exceed Accommoda tions for Dinner That Will Mark Opening xt Xew Transconti nental Line to This City. Th first passensfr train to cross the Ovlumbia Rivvr bor as one of Its pas sengers Jamps J. Hill, familiarity known "Jim" Hill when hp ran a sort of a unk line between St. Paul, Minn., and Seattle. At the time that Mr. Hill ran the "Junk" line. "Alphabetical" Clark, of the t'nlon Pacific, Mullen of the Northern nd some others frowned upon him and Mid he was chimerical in his id-?as. and that a second railroad out to the North Pacific Coast would not pay because the country was "not large enough." "I'll make the country h'prger.when I frt out here," said Mr. Hill to the re porters. The reporters t hen comprised his only audience, and they went up to htin only because Klijah Smith was fijrhtfnK for supremacy In the Oregon Im provement Company and It was doubtful at tt ttme whether Mr. Hill would put Jn a bid for the company's property either in person or by proxy. Mr. Hill would not answer the question either way. Prominent Men in Party. Yesterday. Mr. Hill numbered among his guests on t he tri to Astoria two of the representatives of the lines opposing him at that time. In the party that crossed the Columbia were James J. Hill, chairman of the board of directors of the Jreat Northern; I-ewis V. Hill, president of the Great Northern: Howard Elliott, president of the Northern Pacific: George B. Harris, president of the Chicago, Burlington A Quincy; Darius Miller, first vice-president of the Burlington and K. T. Nichols, third vice-president of the Great Northern. These romprised the party from the liist. At t iff -rent points In the West the party was Joined by H. C Nutt. genera! manager of the Northern Pacific; A. M. Gruber. general manager of the Great Northern; A. H. Hogeland, chief engineer of the Great Northern, and President Clark, of the Spokane, Portland & Seattle. While the train was crossing the bridge of the Columbia, "Jim" Hill stood on the rear end of the platform and looked at the scenery up and down the river. "How do you like it?" asked a friend who was standing near by. "Great !' said the magnate. "Don't you think the completion of this road is the crowning achievement of your life?" was asked. Great Railroader Still Young. "I am still young as young a I was 30 vears asu," replied the railroad builder. With that Mr. Hill walked inside. The trains were switched into the lines of the Astoria & Columbia River road at the West Side terminal of the Willamette River bridge and Mr. Hill and his party moved towards Astoria. The Astoria road Is a pt-(perty of the Great Northern Northern Pacifie syndicate, and it Is un derstood that Mr. Hill is simply Inspect ing the line without any intention of ex tension. Mr. Hill and his party will come ti Portland tills morning. Tonight thoy will be tendered a dinner at the Commercial Club, and among the speakers will be Governor Mead, of Washington. Covers for 3.70 will be laid, and 4H applicants for places have been rejected on account of priority. HISTORY OF XORTH BA.VK ROAD Through Many Difficulties Line Has Been Built in Four Years. Fifteen years ago last Summer James J. Hill flashed a message across the con tinent that caused .consternation among The wholesale merchants and shippers of Portland. Substantially, it announced the completion of his Great Northern Kail way, built without Government aid. to Seattle, and a reduction of rate- that would turn busine to the Ptiget Sound city. Thirteen years ago, "Jim" Hill came to Portland on a tour of inspection of lines, and Incidentally with a view to future extensions. That year he had the whole lobby of the Portland Hotel to himself. No one visited him except the newspaper reporters, and he was easy of access to them. Tonight, all Ponland will turn out to give a banquet to James J. Hill, the railroad builder of the coun try, and the man who. by selection of the easiest grade to the Pacific, will make Portland the metropolis of the Coast. Mr. Hill saw his opportunity to build into Portland when he was here in 1S03. but the financial conditions did not per mit him to bestln the work of construc tion until l&nii. Through his attorneys ' h then began the acquirement of the right-of-way and he had much difficulty in obtaining It. owing to the opposition of a rival that had bad some surveys made and contested every foot of the way. Numerous lawsuits resulted, tnrt nil ended In favor of the company. Orig inally the name of the North Bank Road was the Portland & Seattle Railway Com pany, but. although Inrorporated for the purpose of building lines from Portland to Seattle and Spokane. It began work noon the last named branch of the road first. As the name seemed Insufficient to Indicate the termini It was changed as the road neared completion to the Spokane. Portland & Seattle Railroad. No work upon the line to Seattle has been done, hut such a line ia a prob ability, say the railroad men, even though Hill has access to Portland- over the Northern Pacific. Surveys have already been run for a second line to Grays Har bor, and for a line from I'rrests Rapids south, through the center of Washington, to divert trade to Portland. Several other "feeders" to the main line are also being bulit. All of them lead to Port land. Of the Snkane, Portland & Seattle, as . it fs now known, the first section of 112 miles wm built from Pasco to Cliffs and was opened to traffic on December 15, !!?. The second section was built to 1-y le. 145 miles west, and was opened on January 15. Track was laid then to Vancouver, Wah.. Z2 miles, and then to Portland. 10 miles. The throe bridges from Vanrouver to Portland, over the Columbia River, over Columbia Slough and over the Willamette, together with the land damage., cost the company about $S.0oi0t'rt The company is also constructing a line from Pasco to Spokane, llti miles. A number of bridges and viaducts are to be built, and the line will probably be opened for traffic In the early part of 19. The distance from Portland to Spokane will be about 377 miles. The line has no curvature exceeding three de gree. For 2T-rt miles east of Port'and there U no grade exceeding two-tenths of 1 per cent, and no grade along the en tire line exceeding four-tenth of 1 per v I W ; I ' is ft f - 'i J 1 1 - . ,-. : y ' cent. The company has constructed mod ern freight warehouses east of Tenth and Hoyt streets. 1UU0 feet long and 50 feet wide. The first lm) feet of each building is two stories in height. All of its passenger equipment, passenger, baggage and mail cars, have been built by the Pullman Company, as have also the sleepers and dining-cars. HAS CLASH WITH HAYOR 1. A. PATTXLLO MAY LEAVE EX ECUTIVE BOARD. Member of Old Street Committee . Fails to Attend Session to' Con fer With Ianc. A crisis has been reached in the of ficial relations of Mayor I-ane and I. A. Pattullo, a member of the street com mittee of the Executive Board. Mr. Pattullo held a two hours' session with the executive in the latter'a private office behind closed doors yesterday afternoon, and the fact becomes most significant when it is known that at the same time an Important session of the street com mittee was being held In an adjoining room. It is believed that Mr. Pattullo made formal "demands upon the Mayor for what Mr. Pattullo regards as proper recognition for past services, and that If this Is not granted at once, he will resign. After the conference between Mayor Ijtne and Mr. Pattullo. the latter de clined to make any statement, except to say that he had not resigned from the Executive Board, and that he did not know whether he will. This statement In itself is very significant. In view of the conditions that exist. It is generally believed that Mr. Pattullo feels deeply the fact that Mayor Lane named Isaac Swett as chairman of the street com mittee, although Mr. Pattullo remained on the Board after four others resigned recently. Mr. Swett had been a member for but six weeks. The old street committee consisted of Robert L. Sabln. Richard Wilson and D. A. Pattullo. Friction between the first two named and Mayor Lane resulted in their resignations, together with those of Marcus G. Fleischner and I. P. Peery. of the lire committee. It was thought for a time that Mr. Pattullo would also resign, but he did not, and has remained with the Board. When Mayor Lane an nounced the reorganization of commit tees, several new members having been appointed, there was great surprise when it was noted that Isaac Swett headed the street committee, instead of Mr. Pat tullo. Since becoming a member of the Board. Mr. Swett has een very active In all meetings, and Mayor Lane has shown him many favors. EAST SIDE MEETS COLUMBIA Kxcltlnjr Game Splirtlulrtt for Today on Multnomah Field. While the Interscholastic League foot ball championship has been practically settled, J I ill Military Academy has yet to reckon with the East Side High School! which will meet Columbia Vni verjdty on Multnomah Field this after noon. If the Kast Side can defeat Columbia or hold the collegians to a tie game, it can legitimately claim that e contest with Hill Military Academy will be the deciding game of the peason. Captain Valker, of Columbia, is san guine over the outcome of today's game, for he says that Columbia is going to win all the remaining games of the schedule, and then ask for a return game with Hill Military Academy. Hill defeated Columbia" a few days ago by the score of 6 to 5. Captain Cornell, quarter-back of the Kast Side team, scouts Columbia's ability. This after noon's game will commence at 3:30 o'clock and the teams will line up as follow.-: Kast Sfo High. Position. Columbia. Htannarl.KelU8B Tj. E. R Campbell Kd. Leader I. T. R.. thiol ey Klahertv ! Kellhor Mortland ' Jlare (e.lts R- 3. I- Aya Elmer Leader . . . R. T. L. Billedeaux Kehoe. llarzee ..R. K- L. E. O'Brien Cornell Q Seufert, Ennt Barzee, Everest. . I. H . R. . Ennia. J. O'Brien Jones R. H. I Pomeroy C'ason F Walker ABERDEEN EXPECTS VICTORY Foot !h II Eleven Counts on Dcfeatfng Multnomah Club. "ABERDEEN", Wash,, Nov. 5. (Special.) 1 The members of the Athletic Associa tion football squad are practicing hard for their game with Multnomah In Port land next Saturday. The latest men to join the team are Shaw, Purdy and Gage, three stars from the Hoquiam eleven of ia.t season. These men are the best obtainable on the Harbor and will assist materially in helping to lower Multnomah's colors. A large number of men are turning out deily to make the .team and to take the trip next Friday, and when the local eleven lines up against Portland they will surprise that team. Egerer, the clever quarterback, is back In the game and will direct the team's movements Saturday. He will also do the punting and is to play the end position on de fense. PUTS UP BEAUTIFUL TROPHIES AVaverly Golf Club to Hold Tourney Next Tuesday. Members of the Waverly Golf Club are making great preparations for the ap proaching golf tournament against Bo gie, that will be played by teams of eight men from the various golf clubs of the Northwest and British Columbia, The match will be held on Tuesday, and. In addition to the handsome sliver trophy and the individual cups, several Important social events will be held. The Waverly Golf Club this year is giving one of the handsomest cups ever donated by the club. The trophy stands over 30 inches high and Is made of ham mered silver, with a wreath of Oregon grape on the sides. Before the handsome silver cup becomes the property of any club. It must be won three times,. In addition to the large cup, there are eight smaller cups of the same design, and these go to each member of the winning1 team. Each year that the cup is played for until it is finally won, each man on the team will get one of the smaller cups as a trophy showing- that he was a member of the winning team. The trophies are on display in a window of the Honeyman Hardware Company. FREE BUTJMLLIIiG RIDE PASSENGERS REFUSE TO TAKE CAR AHEAD; CARRIED BACK. See No Necessity for Transferring and Keep Scats, Getting Ride Back to Town. A carload of people last night on a Woodlawn car. about 6 o'clock, was car ried from the west side of the river to the corner of Inion and Killingsworth avenues and then asked to transfer to the car ahead as, announced Conductor Clyde Vaughn, No. 44. the car wa go ing to be sent back without finishing the trip. Some of the passengers got off and took the car ahead, which was al ready more than comfortably filled, so the complainers say. Others refused and after a short delay the car was sent back to town taking the rebellious passengers along, too. W. M. Cook, of the United States Pay master's office. C. W. DeGraff, of 402 Ainsworth avenue, and several others who were passengers on this car, were highly indignant at the treatment they said they had received. "The streetcar company gives this kind of service on this line frequently." said one of the passengers, "and I think it ts about time that some of us kicked up a row about it and had it stopped. We are frequentlj asked to transfer without any apparent reason and if the company ha.sn't enough cars, they should get more. We pay our money and are entitled to a through ride for It." On behalf of the company an official admitted last night that the car had come back with some of Us passengers aboard but denied the charges made by the passengers. "This affair was an accident, that's all," he said. "It Is not the orders or the desire of the company to subject its passengers to any Inconvenience. This car was 12 minutes behind time. Public service is perhaps better maintained when in an emergency like this the passengers are transferred to a car ahead. Onee in a while when a car is thrown behind its schedule by an open draw or some other unlooked-for exigency it is sent back. This is the first complaint we have received on this line. AVe voluntari ly increased the service on this line but two weeks ago and will continue to do so as fast as we find that the condi tions call for It," Opinion Puts Up to Council Whether It Wishes to Compel Southern Pacific- to 'Order Locomotives Off Street or Not. Power and authority to stop the South ern Pacific Railway "Company from operating steam locomotives on Fourth, street lies with the City Council, ac cording to a highly important opinion rendered by City Attorney Kavanaugh yesterday. The Council, he holds, may order the discontinuance of steam engines over the line within the corporate limits of the city after November 12, if it so desires, and a penalty of from $250 to $500 a day and Imprisonment as high as six months in jail can be assessed, according to ordinance. The City Council Is therefore, according to the opinion, alone clothed with power to enforce Its ordinances in this instance, or. If it refuses so to do. it is then proper for the Mayor to instruct the City At torney to institute proceedings in the Circuit Court. The Council, if it wishes, can extend the privilege of operating steam locomotives at its discretion, but It has the absolute power to force dis continuance of steam engines, if it wills. This opinion will bring directly before the Council the important question of what it wishes t5 do, and it is quite prob able that this will form one of the most Important subjects for consideration at the session scheduled for next Wednes day. Mr. Kavanaugh's opinion follows: Text of Opinion. Nov. 5. lOg. Hon. A. L. Barbur. Auditor of the City of Portland Th committee on judiciary and elections of the Council referred to mo for opinion communications from the Mayor and Railroad Commission of Oregon, relating to a collision between an engine of the South ern Pacific Railroad Company and a. street car of the Portland Railway, Light & Power Company, at the crowing of the lines at Fourth and Sherman streets. Both communi cations direct attention to the ordinance re quiring the railroad company to discontinue the operation of steam locomotives and freight cars on Fourth street. The railroad i operated on Fourth street by virtue of ordinance No. 599, of the City of Portland, approved January 6, 1869. By this ordinance the Oregon Central Railway Company was granted- a franchise to operate a railroad line in the center of Fourth street from the soutn boundary of the City of Port land to the north line of G street, and as much farther north as Fourth street might be extended. Punishment for Violation. On May 1. 1907, the Council passed ordi nance No. 16.4D1 of the City of Portland. This ordinance became a law without the signature of the Mayor, and went Into effect May 12, 19u7. The ordinance makes ft un lawful to operate steam locomotives or freight cars on Fourth street between Gllsan street and the southerly limit of the city, from and after 1$ months from the final paesage or approval of the ordinance, excepting freight cars for the reconstruction, repair or maintenance of the railway lawfully or rightfully on such street. A penalty is pro-' vided for the violation of the provisions of the ordinance by a fine of cot lens than (250 nor more than $500, or by Imprisonment not exceeding six months, or by both such fine and imprisonment. Each day's violation shall constitute a separate offense. It Is further provided that such violation shall be deemed a forfeiture of any and all rights and privi leges claimed by said Oregon Central Railway Company with respect to the operation of any railway on said street. It Is provided finally that said ordinance shall not be con strued to recognize or extend- any right, franchise or privilege to maintain or operate any railway line on said street. Council Has Power to Act. Section 3 of the franchise under which this line is operated provides that "The Com mon Council may restrict or pro hibit the running of locomotives at such time and in su'h manner as they may deem nec essary." This provision may be susceptible of different interpretations, but under any reasonable construction It appears to reserve the power to exclude the operation of steam locomotives entirely. This view is strength ened by the well -recognized rule that In case of ambiguity, such a francbiee is construed strictly against the grantee, and liberally in favor of the -public. This is a power re served in the franchise and can be exercised to the full extent of the reservation. The discretion to enforce the prohibition la vested In the Council, and if the power Is reserved, the courts have no authority to review such discretion or to question the reasonableness of the regulation. Nor can It be successfully urged that the exclusion of steam motive powr wouiq cefat the purr"" of the grant. THE MOST UP-TO-DATE OF THE SEASON'S SI TITQ mm Pfi M mm ACHESON CLOAK, AND SUIT CO. 148-150 FIFTH STREET DOORS OPEN AT 9:30 A. M. .1nilAn erAfcrh enn Ik not In mv opinion, within the terms of this reservation. Police Regulation Possible. Apart from the power of regulation thus expressly reserved is the power to reasonably regulate the exercise of the rights and privi leges granted in the interests of the public health, safety and comfort. This power is known as police regulation and. within the limits of reasonable exercise, it is superior to the rights or privileges granted by a public service franchise. "his has long been recognized as beyond the power of the state to alienate. It cannot be made the subject of franchise or contract, and the state can not divest itself of such power, because Its reservation is- essential to the preservation and orderly conduct of the government. If any franchise attempts to divest the state of this power, it Is to that extent void, and sub sequent legislation In conflict with such di verting provision will not Impair the obliga tions of any contract. This power may be delegated by the state to a municipality and the delegation of police power to the City of Portland is ample. If not plenary. This power of regulation is not absolute, but must be exercised reasonably. The rea sonableness of such regulation Is a judicial question. The courts have authority in such case to declare whether the regulation is reasonable- or unreasonable. If reasonable, it will be enforced; if unreasonable, it will be annul led. The peculiar facts and circum stances of each case will be consulted In de termining the question of reasonableness, and It Is Impossible to lay down a definite rule to govern In every case. Violation Is Punishable. The committee on judiciary and elections Is advised that In my opinion the Council acted within its reserved power when It passed ordinance No. 18.491, to the extent of prohibiting the operation of steam loco motives on Fourth etreet. but that the power AND AT UNHEARD-OF SAVINGS FRIDAY AND SUITS Suits Values to $25, "7C Friday and Saturday. V-"- About 25 garments to select from; all colors, styles and sizes. Suits Vals. to $42.50d99 Cf) Friday and Saturday?"1' Made of serges and fancy stripes st.rictly tailored. Suits Values to $65,(J0f 7C Friday and SaturdayPdyy 'CQtlz The very newest modes are de picted in this lot. HIGH-GRADE TAIL ORED SUITS just in by express. By order of the board of directors this purchase will be sold at actual cost. Regular $25.00, $30.00 and $35.00 values; on sale today and until the entire lot is disposed of THIRD AND MORRISON STREETS Is not thjis reserved to exclude the operation of freight cars on said line. In the exercise of the police power delegated to the Council, it might exclude the operation of both steam locomotives and freight cars on Fourth street, but this regulation would be subject to judi cial review on the ground of reasonableness . The prohibiting ordinance wa passed in pur suance of the provisions of the franchise, and I am of the opinion that a violation of the ordinance would not only subject the oper ating company, ita agents and employes to penalties by fine and imprisonment, but that it would, under the provisions of the fran chise, effect a forfeiture of the franchise. This forfeiture could be declared either by an ordinance of the Council or by the Clr cuft Court in an appropriate proceeding. The time limit provided for the discontinuance of eteam locomotives will expire November 12, 1908. Respectfully, City Attorney. AUTO GOES OVER PRECIPICE Nonunion Driver Assaulted, Cab Stolen, Then Wrecked. NEW YORK, Nov. 6. After assaulting the strike-breaking chauffeur of a taxi cab last evening, turee men stole the cab, and, driving at full speed down Sixtieth street, ran it over a forty-foot precipice, wrecking the machine past repair. Wit nesses say that the machine was run rapidly down the street, and the two men jumped out 100 yards from the end of the street. The chauffeur, however, COATS SATURDAY COATS Coats Values to $15, Friday and Saturday. $7.25 Made of covert and fancy stripe, Empire and semi-fitted effects. Coats Values to $22:50, Friday and Saturday, $12.50. The best coat offered on the Coast for $22.50. These two (JJ19 CA days, only pleJU Coats Values to $4Q,Q99 Cfl Friday and Saturdays" e'U These coats are much out of the ordinary and will compare fa vorably with most $40.00 values. . it is said, stuck to his post until the ma chine reached the very edge of the preci pice, when he jumped also. The ma chine fell to the beach below, where It remains a mass of twisted iron and splintered wood. It was after the police had been notified of these facts by wit nesses that Charles Zeidel, a strike breaking chauffeur, reported that he had been threatened by three men in Sixty-fifth street, and his machine stolen. The polics believe that the assault and destruction of the machine were the work of strike sympathizers. Aberdeen Arises to Remark. ABERDEEN, Wash., Nov. 5. (To the Editor.) The Oregonian said some thing about our having hard times in case Mr. Bryan was elected. Well, he is not elected. If The Oregonian ever ex pects to do us any good, do it now, and when stopping to rest occassionally print a word lor Aberdeen. Yours for prosperity, EPHRAIM FRAZES. . Change in Potter's Schedule. " A Effective at once The O. R. &. N. steamer T. J. Potter will leave Port land for Astoria every night except Saturday at 8:00 o'clock. The change is that the steamer will leave Sunday night instead of Saturday night. FOR ACHESON BUILDING Jw