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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 16, 1910)
THE MORXIXG OREG ONI AX, WEDNESDAY, FEBRUARY 16. 1910. BROADWAY BRIDGE ACSFIC MCE ISSUE VALID 13 mwm ON Two Suits Questioning Power to Be Appealed to High Court. MAYOR TO CALL SALE NOW Following Presentation of Flans to Army Engineer, Special Public Meeting Will Be Held When Arguments Are Due. ' The proposed $2,000,000 Broadway bridge bond Issue was declared valid by Circuit Judge Bronaugh yesterday, the various questions as to its validity having been considered jointly toy Judges Bronaugh, Gantenbein and Morrow. The bond issue was questioned in two suits, that of Frank Kiernan against the city, in which he asked an order restrain ing the municipal officers from issuing the bonds, and that of the city against Marie L. Flanders. In which it is sought to condemn for tiridge purposes a portion of her property on the west side of the Willamette River. Demurrers to the com plaints were interposed in both these cases. Both Kiernan and Mrs. Flanders will appeal their cases. In the meantime. Mayor Simon declares he will proceed at once with the issue of the bonds. The Mayor held a conference with Engineer W. R. Weidvnan, who will be In charge of the construction work for Engineer Ralph Modjefki, and Councllmen Menefee and Ellis. They went over the plans carefully and recommended some changes, particularly at Seventh and Hoyt streets, on the West Side. Special Meeling to Be Called. The plans will be laid before Major Mc Indoe. in charge of the local office of United States Engineers, and he will be asked to call a special meeting of the pub. 11c when arguments for and against the proposed bridge, from the shipowners' point of view, will be heard. Before ac tual construction work begins it will be necessary to secure more land, and to make arrangement with the Northern Pacific Terminal Company for the erec tion, of the bridge over the yards. Upon only one point did Judges Bro r naugh. Gantenbein and Morrow decide ! against the city yesterday, and this will : not affect the validity of the City Coun cil's acts in arranging for the vote upon the bond issue. This was the point that the concluding words of the amendment , to the city charter, providing that the . bridge shall be turned over to the county : for maintenance, are Illegal. The Judges held that it is not compe tent for the city to turn over to the county for maintenance a bridge which .the county did not wish to maintain. But they held that this part of the amend ment is separable from the rest, and that as It is known that other bridges across the river are maintained by the county, the new bridge may be so maintained, if the county consents to take it. Judge Bronaugh first took up the Kier nan case. One ground for this injunction suit was that when . the voters assem bled last June to cast their ballots for or against the new Broadway bridge, there was. upon the city statute books, an ordinance fixing the date of election in April. It was Kiernan's contention that an amendment to this first ordinance the amendment fixing May 8 as the date of election, had not been repealed at the time of voting in June. But Judge Bro naugh said that the first ordinance as amended was repealed. The court said existing legislation in Oregon Is confusing upon the question of the city's power to erect a bridge un der the city charter. "We find." he con tinued, "that there are no constitutional provisions, nor civil or criminal laws, restraining the city from making legis lation necessary for the construction of a bridge. Judge Bronaugh said also: "The point that the bond issue was not definitely fixed and that the election was therefore ineffective is not well taken. It was never intended that the amount to be paid for a bridge must be fixed so that bonds would have to be issued for a certain amount whether the bridge would cost that, much or not. "We do not think that the objection to alleged irregularities in the wording of the resolution and ballot titles, calling the bridge In different places 'high,' new,' or free,' are of any weight in this matter. The question in the mind of the court is simply whether such information was given the voters as would advise them intelligibly as to the matter to be submitted for their vote under the initia tive and this, we believe, was done. "The objection that a copy of the amendment had not been filed CO days before tne election is not tenable, we hold, because there was filed, in 1908, a similar instrument, and the fact that it was not particularly filed under the ac tion of 1909 was not vital nor a suffi cient objection. Winner of Every Glidden Tour COVEY MOTOR CAR CO. Seventh and Couch Sti. PIERCE CADILLAC the span 'are being assembled In the office of City Attorney Kavanaugh, and will be laid before Major Mclndoe, of the United States Engineer Corps, at Portland today. The Mayor and Councllmen Menefee and Ellis are working hard, with others, to facilitate the work. A pub lic meeting will be held soon in the Engineer's ofTlce in the Customs build ing, when both sides will be heard, and Major Mclndoe will then forward to Washington his recommendations. MIXED WEATHER STAYS RAIN AND SNOW STILL LOT OF ALL, OREGON. Southeastern Washington Experi ences Worst Storm of Winter. Thaw Pleases Harney. Little change was noted in the wea ther yesterday and today's forecast promises no surcease from the occa sional rains and snow. While hardly any Oregon cities reported snow re maining on the ground Monday, a few now complain of the weight of the white mantle. Most cities of the state, however, like Portland, report imme diate disappearance of the snow after rains. Albany is covered with six inches of snow after the snow fall of yesterday, and the foothills of Eastern Linn County are a mass of white. Weston is . also covered with six inches of fresh snow, and the storm marks the longest Winter since 1871. In that year zero weather prevailed In March, with three feet of snow. The absence of nhinook winds In Weston is regarded as a peculiarity of the present Winter, which has been a suc cession of snow storms, freezing wea ther and gradual thaws. Weston stockmen report no loss is yet. Their herds were brought out ofl the mountains last Fall, and are be ing pastured- in stubble fields. One of the largest owners, J. K. Thompson, is wintering his stock on the Umatilla River near Gibbon. He says that he has not yet lost a single animal out of about 230 head. The hard Winter seems to be over In Harney Valley. A gradual thaw has been in progress several days, and in the southern part of the valley the snow Is nearly all gone. The thaw is looked upon as favor able by Harney, as the water is not going oft with a rush, but is sinking into the. ground. Southeastern Washington is in the grip of the worst snow storm of the Winter and one of the worst on rec ord. Jtain Monday changed to snow and yesterday morning nine inches covered the ground at Dayton. From the Blue Mountains comes a report of a heavy fall in the foothills. fCravel on the country roads is prac tically cut off and railroad traffic may be blocked. Small Vote Registered. "It was called to the court's attention that less than one-half of the voters actually voted on the amendment. That is a question which does not concern the court. There were over lo,000 votes cast in Its favor and about 6000 against. The only question is whether the ordinance was submitted intelligently and the law substantially complied with. "The court orders that the demurrer of the city to the suit brought against it by Mr. Kiernan shall be sustained. "In the case of the city against Marie L. Flanders and others, the question arises as to whether the city could con demn property under the right of emi nent domain for the terminals of the bridge, the objection is made that such procedlngs are invalid because the as Bent of the War Department had not been obtained. We are of the opinion that such assent was not necessary, but that the approval of the War De partment should be secured. We do not sustain the contention that the assent of the department to the entire engineering plans should be obtained, because the plans are not yet com pleted in every particular, and could not have been when the initiative vote was taken and the charter amendment made. We hold that the procedlngs in that particular were valid and that the city can proceed to condemn such prop erty. Ample power to condemn prop erty by the right of eminent domain as been delegated to the municipality by the state when the city charter was first granted. Besides. this is an amendment to the city charter, and as such Invests the municipality with the power of eminent domain for this purpose. ' MAYOR SIMON LIKES DECISION Public Meeting Soon WilKBe Held ; - on Bridge Matter. Mayor Simon expressed great pleas ure when informed of the decision of the Circuit Court yesterday in the Broadway bridge case. The plans for LOT BRINGS $42,000 TRANSFER IS MADE OF CORNER AT TENTH AND YAMHILL. Improvement of Property Is Expect ed at Early Date Other Sales ' Made in Same District. J. H. Haak. a wealthy local timber man, and R. R. Burke, manager of the Royal Insurance Company. yesterday purchased the property at the northeast corner of Tenth and Yamhill streets. The property was purchased from B. L. Woodworth for $42,000. It is 50x60 feet with the BO-foot frontage on Yamhill street.. The sale was" negotiated through the agency of the H. P. Palmer-Jones Company. The new owners of this comer expect to improve it at an early date. The re cent activity in this neighborhood, fol lowing closely upon the erection of the big 200x500 department store at Tenth and Morrison streets by Olds, Wortman & King, has caused many investors to buy recently with the intention of improving for busine's purposes. Adjoining the property sold yesterday, last week 40x100 feet on the inside was sold for $36,600. Mr. Woodworth and family have owned the corner lot for over 30 years. Another sale negotiated yesterday which will result In the erection of a fine apartment-house was made by the E. P. Mall Company who sold three lots, 150x 100 feet, at the northeast corner of Twentieth and Lovejoy streets. The price paid for this property was $16,500. M. Barde & Sons are the new owners and the seller was E. A. Baldwin. Mr. Barde will improve this property with one of the largest apartment-houses in the Nob Hill district. It will cover the entire property with a ground space of 100x150 feet and will be a four-story structure, up-to-date and modern in de tail and elegant in finish. No plans have been prepared nor has any architect been assigned the task of preparing them. SEIZED FISH RETURNED Company Gives Bond to Sell Product Under Proper Label. . The Union Fish Company has secured possession of 21 boxes of codfish re cently seized by the United States auth orities because the boxes were falsely labeled "Norway Cod." The owners were allowed to furnish a bond requiring that the labels be removed and the fish placed on the market as West coast product. The complaint was filed under the pure food laws, and the fish were seized at the warehouse of Mason, Ehrman & Co. Has $87,916.18 Paid in Only Needs $12,083 to Obtain License in Oregon PROFIT On account of the high percentage of success, and because the profits are greater than in any other business, there is no better investment than that in a flourishing life insurance company. "Life insurance companies have, therefore, been practically financed, with the result that the enormous profits which they have made, and are making, remain in a few hands. The plan of the Union Pacific Life Insurance Company in distributing its capital stock in a way by which it not only offers a remarkable opportunity for investment, but, at the same time, puts into effect, a successful method of securing the co-operation of its stock holders in the upbuilding of the com pany, affords an opportunity which will be quickly seen and accepted. SAFETY In every investment there are two considerations safety and profit. The most important is 'safety; no one is justified in putting money into -any enterprise unless it can be shown that the money so invested is prac tically insured against loss. To place funds in a concern of any character is speculation. The capital stock of the UNION PACIFIC LITE INSURANCE COM PANY is an absolutely safe invest ment. In considering this investment of fer, therefore, the following should be borne in mind: That immense fortunes have been and are being made in life insurance the most profitable of all forms of legit imate business. That there is a growing sentiment towards the upbuilding of home insti tutions of every kind, and especially in regard to life insurance. That the UNION PACIFIC LIFE INSURANCE COMPANY stock is ab solutely safe under the legal reserve laws, and will grow more rapidly in value than any stock available. That by securing stock in the UNION PACIFIC LIFE INSUR ANCE COMPANY you have the op portunity of personally and effectively promoting the business of a company in which you are interested, and thus adding to your profits, and the value of your holdings. Don't wait until the Stock is either Advanced in price or Withdrawn from the Market. BUY NOW! For further information, address Union Pacific Life Insurance Company Oregonian Building, Portland, Oregon. .. - Pific -Life H s Spital Stock at . Premium "X A. k "', J ttns th plans of th Union d l)d lo .ut.orii, - .jd.o ;.. . s !r.ot.r and ability of It. """to" "tin p rop.rGMmag-nl.thl.. rfSV N .a " V iV "o - Capital Stook. I "i" ?h" top noh.r. In th. o 1 .V ,. 1'AV CopnT .111 in a .h.rt tlao ba ' tn. v nnT o , .'c f- v.v ' ' VfrV V- ln.irano. world. Th. 'V'"" T. bound to toll and glv. - .i V o a M i 1 I fTsT firm imHJi knuA vcv ..vw ? f ff S - I I 5 3 1 S . V 1- hV " "onaat """" Ufa 7" XX, f f i 1 3 1 s I i -oVs S X, x ill lllf $ C' mm '- 'S Inmirance Co. J ' -fZX t Price of Stock will Increase to Ten . for. One in Q C' V uiuct.icady.iw- to? FiTeJTemrsj FILL OUT THIS SUBSCRIPTION BLANK, SICN AND MAIL US SUBSCRIPTION TOR CAPITAL STOCK TO Union Pacific Life Insurance Company Incorporated. 604 AND 605 OREGONIAN BUILDING, PORTLAND, OREGON. I, of , hereby subscribe for City. Stata. shares of fully paid and non-assessable stock of the Union Pacific Life Insurance Company, of Portland, Oregon, of the par value of $10.00 each, for which I agree to pay at the rate of $30.00 per share, it being understood and agreed that the excess amount over and above the par thereof is paid for the creation of surplus and organization expenses. Dated 19. Siena ture. Will Have Capital Stock $200,000, Surplus $400,000 Will Be Superior to Many, and as Good as the Best LIFESAVING PLEA WINS PORTLAXD'S AGITATION FOR IMPROVEMENTS BENEFICIAL,. Oregon Coast Dangers to' He Dimin ished by Efforts Put Forth by Government. Through the efforts of the Portland Chamber of Commerce, special consid eration is being given by the Government lifesaving service toward the practica bility of placing better equipment and more efficient service at the various life saving stations along the coast of Ore gon. The disastrous wrecks of the Argo at Tillamook Bay and of the Czarina at Coos Bay brought forth the special In vestigation of conditions at the stations. As a result of the" Chamber of Com merce's agitation for larger self-righting lifeboats In Tillamook and Yaqulna sta tions, C. D. Hilles, acting secretary of the lifesaving service, writes to members of the Oregon delegation in Congress: "Consideration is being given the prac ticability of making suitable provision for the care and handling of a '34-foot or 36-foot self-righting and self-bailing power lifeboat at Tillamook Bay station and Yaquina Bay station when the de partment shall be able to supply such boats." With regard to placing new lights and other aids to navigation at the south Jetty at the mouth of the Columbia, Major J. F. Mclndoe, of the corps of engineers. In his report says: The date of completion of the south jetty at the mouth of the Columbia River is un certain. Should the Lighthouse Board de cide that a llf?ht and fog signal should be provided on the jetty, and s"ttould Congress make appropriation for this work, it is man ifest that the expense of construction will be very much reduced if the appropriation is available while the Jetty trestle is in con dition for the transportaon of rock. It is generally conceded that upon the completion of the south Jetty the Interests of naviga tion will require the maintenance of a light and fog signal. It Is not believed, nowever, that the Jetty will be a menace to naviga tion unless vessels are attempting to enter the river during a fog, which is not gener ally done. ' Coast, of the trade for which, he said, Kasterners are beginning to take more account. PHILIP GEVURTZ RETURNS Portland Behind in Apartment Houses Only, Is Conclusion. Philip Gevurtz, who returned to Port land on Monday from a trip of six weeks through the East, said yesterday that Portland was far behind the times In Its plans for apartment-houses. He visited the principal apartment-houses In the large Eastern cities and found there types' of this kind of building far in ad vance of anything to be found in Port land. y Other buildings In Portland rank with any of the Eastern buildings, he said. He found Portland well advertised and better known throughout the country today than Seattle. Mr. Gevurtz went on business and vis ited the principal furniture manufactur ing houses in the country. Manufacturers have sent theirl agents through Europe for new designs, he said, and he pre dicted the introduction of many attrac tive styles of furniture to the Pacific Four Held for "Bootlegging." MOSCOW, Idaho, Feb. 15. Speclal.) Sheriff Robbins returned yesterday with S. O. Johnson and John Burden, of Ona way, and Charles Hawkins and Floyd Cone, of Princeton, who are accused of selling liquor without licenses. They were arraigned before Probate Judge 'Morgarldge. Hawkins plead guilty and was fined $200. In default of oJU pan mitted on their pleas of not guilty. The prisoners are said to have sold soft drinks in billiard halls. This makes the third time S. O. Johnson was arrested in a week. Morgan & Robb. 250 Stark St.. will Johnson. 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If your druggist can not furnish them, send us $1.00 and we will see that you are supplied. Money positively refunded if they fail to cure. In ordering, state whether for. lady or gentleman. WESTERN RECTRuPOQE CO. Los An California