Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 14, 1909)
2 THE 3IORMXG OREGOMAN. TUESDAY, DECEMBER 11, 1909. BROADWAY BRIDGE FOUGHT ILLEGALLY City Attorney Kavanaugh Con tends Port of Portland Acts Without Right. CITY SUPERIOR IS HELD Opinion Declares Municipality Is at Least ' Untitled to Consideration. Given Railway by Body. Voters Have Say. "crrr as important as raii- ROADS." "The Tort of Portland authorized, or attempted to . authorize, the cd structlon of the Oregon Railroad Navigation bridge with a much lower deck than the Broadway bridge. It would be strange If the city were not accorded equal privilege with the Oregon Kallroad & Navigation Company. The commerce across the river Is as Important, or perhaps more Important, than tho navigation of the harbor, and it should re ceive at least equal consideration." City Attorney Kavanaugh, In an opinion on the powers of the Fort of Portland. City Attorney Kavanaugh has ren dered an opinion that the Port of Port land Commission has no power to stop the building of the proposed Broadway liigrh bridge by the city. The munici pality, he holds, has the superior au thority, sriven by reason of constitu tional amendment, subsequent to the act of the Legislature creating the Port of Portland Commission. Power to regulate traffic In the Wil lamette River properly and to make rules governing: the waterfront. Air. Kavanaugh holds to be vested in the Kxccutive Board. Authority to build the Broadway bridge, he explains, was granted by an amendment to the Port land charter subsequent to the creation of the Port of Portland Corrrtnisslon, and is unquestionably an act of author ity superior to the creation of the Port of Portland Commission. Therefore he holds it takes precedence over the legislative act as to the Port of Port land Commission. Body's Consent Withheld. Mr. Kavanaugh made an investigation for the satisfaction of the general pub lic, and announced his opinion yester day. There is great interest in the subject, owing to the fact, as devel oped last week, that members of the Port of Portland Commission are hostile to the project and may not give their consent, for which they have been asked. Mayor Simon presented the subject, atklng members of the Commission to pass upon the Broadway bridge plans, but nearly all of the members were found to' be opposed to the project. President Swigert demanding a 300-foot draw instead of the 250-foot draw, as proposed by the Mayor, and some of th other members being outspoken in their opposition to any bridge at all at Broadway. .- City Attorney Kavanaugh's opinion in part follows: The act of the Legislature grants to the Port of Portland . . the full control of th Willamette River In tho harbor at the City of Portland, with full power and aulhprlty to make, change or abolish such rules and regulations for the use and navi gation of such harbor, or the placing of obstructions therein, or the removal of ob structions tbercfrom, as It may deem con venVent. requisite or necessary. It is pro vided that nothing contained In the act shall be construed to authorize the re-, moval of bridges or obstructions existing ly virtue of a grant of express authority from the state, or to interfere with or de tract from the general rlghtB and powers of anv city within the district embraced by the Port of Portland, but only so as to give said corporation full power to carry out and fulfill the purpose and objeo of Its creation. Slate Power Retained. By this act of J901 the state delegated certain limited and defined powers to this corporation, but In this the state did not denude Itself of such powers, nor was the delegation placed beyond recall. Tho state could recall these powers at Its pleasure, or it could exercise them directly, or vir tually annul the grant by delegating the name powers, by subsequent act, to another municipal corporation. In virtue of this power, by subsequent acts, the Legislature proposed acts authoriz ing the City of Portland to construct the Morrison-street bridge and tho Sellwood ferry and an additional ferry at Alblna, which acts were adopted by the electors. The Port of Portland Is not mentioned In these acts, but It acquiesced In the con struction , and operation of these public utilities. Pursuing the same course, the Legislature of 1903 enacted the present charter of the City of Portland. - Tt would not be contended that the Port land charter is an enactment Inferior In dignity or force to the charter of the Port of Portland. It proceeded from the same source. Is a later enactment, and if It con flicts with the prior law. it repeals It to the extent of such conflict. The Portland charter dolekates to the city power to remove obstructions from the Willamette River within its limits; to reg ulate the construction of wharves and to establish wharf lines; to deepen, widan or change the channel: to construct, main laip and regulate public docks and wharves; to actulre. construct and maintain bridges and farries across the waterways within Its limits. . . . Voters Given Authority. These and other provisions of the Port land charter clearly indicate that the Leg islature did not Intend that the Port of Portland should control tle construction of highways of commerce across the river, or that It could prevent the city from ex tending such htghwava. . . . By recent constitutional amendments the power to enact or amend municipal char ters was withdrawn from tho Legislature and vested In the voters of the municipality. . Discussing these amendments. Chief Justice Hean said: "The manifest purpose, so far as now concerns the question under con sideration, was to take from the Legisla ture and vest in the people, the power to amend municipal charters and rights gov erning and defining the powers and duties of all municipal corporations." (Farrell vs. Port of Portland.) . . . The 'Legislature under the old system, could have amended the Portland charter so as to authorize the construction of a hljjh bridge at Broadway with a clearance of 65 feet above high water and 96.13 feet above the city datum or low water mark. Any provision of the Port of Portland act that conflicted with said legislation would have been repeated by the amendment. - People Adopt Change. Now, the voters, vested with the same power In this respect that was previously wsted In the Legislature, adopted this amendment. The power conferred by the amendment was germalne to the power al ready vested in the city by its charter. No provision of th Port of Portland act can annul a legally adopted amendment of this nature. But the courts will probably hold that there Is no essential conflict between the amendment and the Port of Portland act. The Broadway bridge will not Inter fere with navigation in any material wav. The amendments show that the demands of navigation were considered and that reasonable provision was made to that end. The bridge will not constitute an obstruc tion to the harbor within the Intent of the Port of Portland act. The Legislature made no provision for clearance In the act for the construction of the Morrleon-stree.t bridge. The Port nf Portland has authorised, or attempted to authorize, the construction of the Ore eon Batlroad & Navigation bridge with a much lower deck that the Broadwav hririar Jit would be stranre if the city were not accorded equal privileges with th Oregon Railroad & Navigation Company. The coin n-trce across the river is as important, or perhaps more important, than the naviga tion of, the harbor, and It should receive at least equal consideration. The Supremo Court of the United States announces this principle in the 9BCanaba caBe. No objection Is ever Interposed by the Government unless It bears a real re lation to the public Interest. The attitude of the Government should be a guide to subordinate corporations in this respect. FTom these and other considerations, equally potent, the conclusion appears ir resistible that the Port of Portland is ab solutely without power to prevent the con struction of the Broadway bridge. 'Popcorn King' Thrown by Horse Is Hurt Knltbful Old "Chub." of Third and Morrison Fame, UHn Krlaky In Canter; Master in Hospital. For years Chub has librae the Indignity of standing at Third and Morrison with "Popcorn" Patterson, he that claims to be tho popcorn king and as long as he was only required to haul the popcorn man's gorgeous -wagon, Chub clid not com plain. That he was only accumulating the bottled up wrath of years was shown yesterday when Patterson, as the height of tho indignities from an equine point of view, attempted to ride the beast. Chub promptly ran away, throwing Pat terson, breaking three ribs and fracturing his right shoulder. Chub threw hi master at Sixteenth and Alder streets. Dr. J. It. TVetherbee passed in hi9 automobile and picking up the man made a daring race to Good Samaritan Hos pital, where hp immediately attended to the man's injuries. Dr. Wetherbee made tho trip to the hospital in exactly four minutes. Patterson feels very keenly the wicked ness of Chub's actions'. "For years I have treated him as a friend." he iild at the hospital yesterday afternoon. "I have, had. him shod with leather to keep his feet warm and provided him with a mat to eland on in 'wet weather." Patterson wined a tear from his eye. "I never tried to ride him before," he continued. "He has always stood at Third and Morrteon streets all day and till late at night. I-Ie was always happy. So was Snowball, rcy '.ther white horse who stands at Fifth and Washington. I wanted to give him a little exercise, and lie treats me like this. "Ho was eorry Immediately afterwards for he stopped and came back and looked at me. I am sure he felt badly what he had done ajid I am esure he will never do it agin." WHO GETS MONEY?! Civic Improvement' League Worries Over $20,000. EXPLANATION IS ASKED PERS0NALJVIENTI0N. Dr. C. H. Bewar, of Salem, is regis tered at the Oregon. TV. C. Fry. a 'Rainier morchant, ,1s staying at the Perkins. William I. Vawter. of Medford, Is reg istered at the Portland. H. C. Guist, a. druggist at Tamhill, Is staying at the Imperial. B. F. Gray, a Hood River apple grower, is at the Perkins. I N. Roney and wife, of Astoria, are registered at the Cornelius; William S. Gilbert, of Astoria, is at the Cornelius, accompanied by his wife and daughter. E. WhiUoek. undertaker of Klamath Falls. Is at the Cornelius. Mrs. Whit- lock accompanies him. Judge C. S. Moore, of the Klamath Falls district, is registered at the Cor nelius, and will remain for several days. Judge Frank Smith, of Caldwell. Idaho, Who became well known through the trial of labor leaders. Is at the Imperial. G. Wingate, well known In Astoria business circles, is transacting business in tho city, and operating from the Oregon. L. Q. Swetland. secretary of the Hotel Perkins Company, returned yesterday from a six weeks' visit in New York and. Philadelphia. A. P. Simons, among the foremost lumber dealers of the Puget Sound dis trict, and with headquarters at Seattle, Is at the Hotel Oregon. George- Pierce, owner of one of the largest bunches of cattle in Eastern Ore gon, and making his hearquarters at La Grande, is at the Perkins. , P. D. Blodgett Is tho latest arrival from Cook Inlet, Alas kit. He is at the Perkins with his wife and daughter. He will spend the Winter here. F. B. "Van Cleave, prominent In the merchandising world of Echo, is calling on Portland wholesalers, and maintain ing "headquarters at the Perkins. W. A. Straw and Mrs. Straw came in from Roseburg yesterday, and are reg istered at the' Perkins. He is one or the leading merchants of that city. F. G. Larkin, consulting engineer of Seattle and who is connected with some of the improvement work now progress ing in this state, is at the Cornelius. Garvier Thigpen, clerk at the Hotel Portland, left on the Shasta Limited last night to" be present at tho opening of the new Palace Hotel at San Fran cisco. Frank E. Alley, an abstract and title man of Roseburg, as 'well as the owner of a big horse-breeding ranch In Doug las County, will remain at the Imperial during the week." B. E. Kennedy, editor of "the Baker City Herald and booster for the irrigation country was handing out immigration inducements around the Imperial yes terday afternoon. . J. W. Mlnto, former postmaster of Portland, came down from Salem yester day and registered at the Imperial. He is soon to take up a position with one of the railroads centering in Portland. John F.. Logan, the attorney, who left with Mrs. Logan for California several weeks elnce, will return during the pres ent week. Mr. Logan has fully re covered from his recenit serious illness. James A. Fee4 a prominent attorney at Pendleton, .came to the city yester day to appear , in the United States Court in the Umatilla land fraud hear ing, and registered at the Imperial. A William Rea, Jr., one of the largest owners of sheep engaged in that Indus try in the Middle West, and with head quarters at Billings', Mont., Is In the city, accompanied by Mrs. Rea. They are at the Portland. L. C. Thompson came in from Carl t6n yesterday to look after -his Portland real estate. He is heavily interested in various portions of Oregon. He is at the Perkins, accompanied by Mrs. Thompson and their daughter. L. R. Glavis. former field Inspector of the Department of the Interior, and who has been in attendance at the In vestigation of the Cunningham coal land cases, at Spokane, arrived at the Hotel Portland yesterday afternoon. V. D. Williamson, vice-president of the Oregon Trunk line, and residing at Spo kane, arrived at the Hotel Portland yes terday and will remain in the city sev eral days in connection " with work be ing performed along the Deschutes River. L. R. Stinson, Grand Keeper of Rec- ords and Seal for the Grand Lodge Knights of Pythias of Oregon,- was in the city yesterday and registered at the Perkins. He called upon a number or the leaders of the Pyihian lodges, and returned to Salem this morning. CHICAGO, Dec 13. (Special.) J. E. Cameron, of Portland, Or., is at the Great Northern Hotel. "City Beautiful" Flans Walt Till the People Hear From Landscape Ex perts as to Definite Expense Connected With Proposition. Before further negotiations are en tered Into hetween the Civic Improve ment League, of Portland, and Burn ham & Bennett, the "City Beautiful" ex perts of Chicago, the latter will be re quired to explain what returns the League is to get for the $29,000 f!hat has been subscribed for drawinggplans of Portland. Burnham's first announcement was that the plans for beautifying Portland would cost between $15,000 and $20,000, including $500 a month and traveling expenses for Mr. Bennett, who is to do the work. C. B. Merrick, secretary of the League, wrote to Burnham on Novem ber 30, asking for an explanation re garding the payments to be made in ad dition to the salary to be paid Mr. Ben nett, but no answer was received. Not being able to understand why his letter received no recognition, Mr. Merrick sent another letter to the firm yester day, asking for the same Information. AVIiat Will Be Done With Money? If It should require Bennett's .time for an entire year to prepare plans for beautifying Portland, his salary would amount to but $6000, according to the contract, and to what use the" remaining $14,000 that has been sub scribed is to be put is not clearly un derstood by the League. Most of the negotiations thus far have been carried on by telegraph. The League had an option on getting Mr. Bennett to do the work, but this option was to expire December 1, had not the League wired previously that the neces sary funds had been raised and Mr. Bennett would be hired. Thus the present contract is only for Me. Bennett's work at $500 a month and traveling expenses, and before further obligations are entered into the League wants to know for what it Is going to pay. . (Senator Bourne Active. Senator Bourne has taken an active part in getting the firm to take up the local work. When he went East he called at the office of Burnham & Ben nett and then telegraphed to the League a few more details of the plan than they had previously received by wire from Mr. Burnham. At a meeting to be held this evening by the local architects' organization they will select one of their memherg to be the 16th member of the executive committee of the Civic Improvement League of Portland. All the other rnem iers of the committee have been named, and when the architects make their selection a meeting of the entire committee is to be called, for outlining further plans of the work. STAMP SALE STATE-WIDE RED CROSS CHRISTMAS STICKER IX GREAT DEMAND. X IWHO OWN51 FRANKC.R1GGS SEVENTH ft OAK STS. PHONES MAIN -4542, A 1127. " T ..nii.iimmniiiii MiimumiuiuwuyMiu " .-.v.-.,...-vAv. i...n rival In The Dalles, which has taken to re-ordering by telegraph. The sale in Portland continues ' with unabated vigor, but nearly half of the stamps still remain to be sold. The lodges began to show their keen sub stantial interest and several have al ready sent large checks. ' A feature of the campaign Is the large sales in the schools. For today the following women will be In charge . of the booths: Wells Fargo & Co., A. M., Mrs. Fletcher Linn; TP. M., Mrs. Millar. Chamber of Com merce, A. M.. Mrs. R. J. Marsh and Mrs. George McBrlde; P. M., Mrs. C. J. Schnabel. Postofhee. - Miss Doyle and assistants. Olds, Wortman & King, Miss Klizabeth Sawyer, Mrs. -Hauser, Mrs. C. C. Colt. Lipman, Wolfe & Co., Miss Dorothy Holbrook and assistant. Meier & Frank. A. M., Miss Leslie Weidler; P. M., Miss Margaret Walter, Miss Lisa Wood. C'harleftm's 6 and 10-Cent Store, under the Federation of Women's Clubs, Mrs. Kuettner and assistants. Woodard & Clarke, A. M., Mrs. Charles Berg, Miss F. Kohn; P. M Mrs. Eliot Cor bett. Hotel Perkins. Mrs. Moylan, Mrs. Cranston, Mrs. Reed. Hotel Oregon, Mrs. John Keating and assistant. Hotel Seward, Miss Louise Mesick and assist ant. Hotel Portland. Mrs. Harry Litt and Miss Laura Smith. Hotel Imperial, Mrs. Lydcll Baker and assistant. IN A SCOLDING MOOD JL, xtraoroinary. Suit Sale Orders Being Received Daily by Lo cal Nurses' Association for Slore Cards and Stamps. That Interest In the Red Cross Christ mas Stamp is growing throughout the stato is evinced by the many orders re ceived daily at the Visiting Nurse Asso ciation headquarters, for stamps and postal cards, and by the letters asking for information pertaining thereto. Ash land writes as follows: The Red Cross stamps sent by you to the different clubs were placed on sale at te drugstores and a few at stores and at most of the places they are .out, and the people are clamoring for more. We did not look for such ready sale of the stamps, and are much gratified. If yon will kindly forward more stamps, we can dispose of them. We are working together. A letter from Grant's Pass reads: I am writing tn behalf of - the Ladies' Auxiliary of this city to inquire If you can give us any information as to how we may secure some of the Red Cross stamps to put on sale here We are interested in the cause and anxious to do what we can to help it. Our idea was to ask the Post master to permit them to be on sale' there; also some of the drugstores. At Roseburg the sale Is in charge of the Ladies' Commercial Club. McMinnville is a great rustler, and Astoria has re-ordered the stamps twice. Marshfield and North Bend are striv ing hard to outdo each other, while Hood River, with an expressed Inten tion of being second to Portland In the number of stamps sold, has a strong An Anonymous Scribbler Falls Eoul of Orego'nian. PORTLAND, Dec. 13. (To the Editor.) In a recent issue of The Oregonian there appears one of the erudite literary efforts criticising spiritualism, that peri- i odically appear in the stately columns of that paper. As I am kindly disposed toward it, I would delicately suggest to you that you read up on some of your subjects before you go shrieking and bellowing along the surface of things this applies particularly to the subject of spiritualism. Your late article exhibits such profound and learned ignorance that it excites mingled laughter and pity. Spiritualism is not a little local 2x1 telegraph poles and railroad trains on the main streets issue, but a. world move ment, yea a universe movement, and you would do well to fall in line with the rst of the human family and study it a little more. NYou need not stop writing upon the subject, because your readers usually think and do exactly the opposite to the sentiment expressed in The Oregonian editorials. Tours, for a little more progress, PHILOS. TO CURB A COLD IX ONE DAY. . Take LAXATIVE BROMO Quinine Tablets. Druggists refund money if it falls to cure, fc,. W. GROVE'S signature Is on each box. 23o. Special Low Prices Special Easy Terms $37 to $40 Suit Values at Only Pay Cash and $1 a Week "We find that Ave have greatly overstocked on Ladies' High-Prieed Suits, and rather than have them: left on our hands have de termined to cut the price so low that no one in need of a new Winter Suit can afford to pass them by. There are just 140 jf these elegant garments in this lot and every one of them is of the best materials, "and posi tively of this Fall's styles, colors, etc. Only because our buyer overestimated the Fail demand for this class of goods do we make such an extraordinary price reduction. $5 Will Secure One of These Elegant Garments then you may pay $1.00 per week on the remainder of the cost. Really di 7 A r $37 and $40 Suits for only. . . J I .D Suits of the very best quality and up-to-date in st3rle. Take them; wear them while" you Pay $1.00 a Week Vancouver, S. Johns, Alberta. Woodlairn, Tlunncll- nver, n,aat Burnsldp, Monta villa and tSant nkeny cara atop tn front of this store. All other lines Issue transfers. STORE OPEN EVENINGS TILL 8 O'CLOCK Chamberlain's Cough Remedy never disappoints those who use it for ob stinate coughts, colds and irritations of the throat and lungs. It stands un- ... 1 c , , . " 4111 mroat. and lung; diseases. Sold by all dealers. A keen brain and Steady, dependable nerves can Win wealth and fame For their owner. Clear-headedness and t A strong, healthy body Depend largely on the Right elements in Regular food and drink. Coffee contains caffeine A poisonous drug. POSTUM Is rich in the Gluten and phosphates That furnish the vital energy That puts "ginger" And "hustle" into Body and brain workers. "There's a Reason" Sixth and Morrison Sherman Jfflay & Co. Opposite Postoffice The Test of a iteinway The Steinway test for a piano begins where the test for an " ordinary piano leaves off. Ordinary piano manufacturers loudly chronicle the fact that their instruments present a repeating action of lightning-like rapidity; that they possess a beautiful tone, and that their case architecture is grateful to the'eye, etc., etc. In the Steinway piano all these things are taken for granted. It is here that the test of the Steinway begins. The test is not for elemental factors, but for that Marvelous Steinway Tone which, once heard, haunts the ear forever. How shall we describe the Steinway tone? It is higher yet.deeper, louder yet softer, more magic yet more delicately playful than the voice of any other instrument. In a word, it sounds the gamut of human emotion. There iss always an underlying richness a tenderness a solidity. Simple music takes on a new charm when played on a Stein way; concert music comes out with an effect fairly over powering when a musician stirs a Steinway to its greater depths. No composition ever written exhausts or equals the possibilities of a Steinway. Perhaps it, is the great reserve force in the Steinway, which music lovers intuitively recognize, that makes the Steinway something beyond price to its owner. Steinway Vertegrand $575 Steinway Miniature Grand $8oO Easy terms of payment. Steinway Pianos sold on the Pacific Coast exclusively by Sherman, Clay & Co. RICHEST AND PUREST MILK from the choicest dairy sections of the United States. From cows properly fed and cared for. - BORDEN'S PIONEER BRAND EVAPORATED MI L K (Unsweetened) Dilute with water to desired consist ency and use same as "Fresh milk. CONVENIENT ECONOMICAL SAFE Borden's Condensed Milk Co. "Leaders of Quality" Established 1857 Borden's plONEERfS ICodol For Indigestion Dyspepsia. Soar Stomach. Weak Stomach, or in fact ANY Stomach Trouble caused by Indigestion. Get a bottle today and try it. ICodol is iruaranteed to relieTe you and if it fails your money will at once be refunded by the dealer from whom you purchased it. Every tab lespoonf ul of Koo'ol digests 214 pounds of food, Barometers were first made by Torricelll The Drs. S. K. Chan Their Chinese remedy of herbs and roots cures wonder fully. They have cured many all kinds ot sickness. Includ- f.isS! i"S cnronic ana private tfis- Ci&-:" eRfH n-VlAn 1. -. . ., J I yll "" " "liih it:uicu1C 1.11. Their meaicuiles are harmless. ' Operation Examination for ladies fiy Mrs. s. k. than' "If you are ill. to prevent suffering, call or write to The S. K. than Chinese Medicine Co.. 2'JBVi Morrison St., Bet. lt and -,l l'ortland. Or. Captain and Mrs. Olner' Of the forests in Siberia, 3,00000 acre belong to tae crown.