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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 8, 1910)
THE MORyiXG OREGONIAN, "WEDNESDAY, JUXE 8, 1910. MILWMI WHS E IN HIGH TRIBUNAL State Supreme Court Denies Railway Company Appeal From 5-Cent Fare. RATE, CASE HARD .FOUGHT Whether Portland Corporation "Will Carry -Appeal to Supreme Court of United "States Is Matter of e Conjecture Josselyn Silent. SALEM,: ,Or., June . 7.' (Special.) The State Supreme Court, in an opinion written by Justice Slater, today denied the application of the Portland Rail way, Light & Power Company for a rehearing of the case of the railway company versus the State Railroad Commission, known as the Milwaukee rate case. . The company took the posi tion that the Railroad Commission act, the orders of the Commission and the decisions of the court are in violation of Section 1, Art. XI , of the Constitu tion of the United States, prohibiting any person from depriving any person of properly without due process of law, or denying t any person within its Jurisdiction the equal protection' of the law. The opinion handed down today states that the-court has carefully ex amined the able argument made, but rinds itself unable to assent to the conclusions of the company's attorneys. The opinion takes up -and discusses the various contentions made by the rail-, way company, and concludes with an answer to the contention' that the state has no power to regulate fares within Ihe limits of the City of Portland, be cause that right has been delegated to the city, and also because the city, in ? granting plaintiff its franchise, has lim ted the plaintiff to a charge of & cents Tor any single fare, in one general di rection, within the City of Portland. It Is . further held that such right is a vested contractual right. The opinion continues: "Assuming that these claims are well founded, still ' we do not see that the order of the commission attempts to regulate fares within the City of Port land, for it operates only upon traffic reaching' or extending beyond the boundaries of the corporate limits." Attention is then called to' the grants of power contained In the City Charter of J903 and the Railroad Commission act passed in 1907, and- the conclusion Is drawn that "the distinction . Is clear and obvious." RAILWAY'S PLANS SOT KNOWN Josselyn Intimates Fare to St. Johns and Lents May Be Kalsed. Any statement as to whether the Portland Railway,; Light & Power Com pany would accept as final ,the decision of the Supreme Court In the Milwaukie case is withheld by President Josselyn,' of the road, pending the receipt of the fuU text of the opinion and consulta tion with the company's counsel. Mr. Josselyn said, however, that his. understanding of the order of the Rail way Commission was that the company, must cease the alleged discrimination against Milwaukie. He. Intimated that the order might be complied with by. raising the . fares, to Mount Scott, St.' Johns and Lents. Mr. Josselyn said also that it was their contention that the order requiring the establishing of a B-cent fare to Milwaukie, If put in ef fect, was an attempt to force the com pany to carry 'passengers free beyond the city limits, and in that respect at tempted to abrogate rights guaranteed by the Federal Constitution. This con tention may be made the basis for an appeal to the United States Supreme Court. Loeding Is Pleased. Hermann Loeding, secretary of the Milwaukie citizens' committee, that prosecuted the case against the com pany, is very much pleased over the outepme. and predicts that it will result In greatly Increased' traffic '' and more rapid -settlement of the territory em braced within the present 10 and 15 cent' fare' limits on the Oregon City line. Mr. Loeding also predicts that the de cision will brint about a reduction In the-fars to Oregon City to 15 cents. Speaking of the possibility of the company advancing the fares to Mount Scott, St. Johns and Lents, instead of reducing the fare to Milwaukie, Mr. Loeding asserted yesterday that the predecessors of the Portland Railway, Light & Power Company had had large holdings of property in. the-three dis tricts and had sold lots to many home builders under. a contract that a 5-cent fare would be maintained. . ' Knir Ueturn Shown. ' Mr. Loeding also asserted that ' the Milwaukie committee had introduced testimony before 'the? "State Railroad Commission showing that the traffic from the districts mentioned was pro viding a fair return on the investment of the railway company, and that the company would find a stumbling block in the Railroad Commission if an. at tempt were made to raise the rates. The 5-cent fare to Lents, also, he Bays, is required by the' franchise originally granted the Portland Railway Com pany. It is the -contention of- Mr. Loeding that the company will not be able to secure a writ of "error to the United States Supreme Court for the reason that the Federal question involved was not raised until the petition for rehearing in the State Supreme Court was filed. He Insists that such tac tics indicate an atrempt to indefinitely prolong litigation, which is no longer permitted by the courts. ' - The decision of -the Supreme Court, if acceded to' at once, will make it necessary for 'the ' Portland 'Railway, Light & Power Company to refund to holders of rebate slips $10,000- -to $13,000. Contest Began in 100 7. The attempt ' of t'he citizens of 'Mil waukie and Oak Grove to secure lower suburban railway fares has been In litigation since shortly after the crea tion of the Railway Commission in 1907. The railway company has In force a fare of. 5 cents to Lents, Mount Scott and St. Johns, but maintains a tariff of 10 -ents to Milwaukie, and 15 cents to Oak Grove," without transfer privileges in Portland. A citizens' committee, organized in Milwaukie. complained to the Commission, setting up the contention that Milwaukie had been unjustly discriminated against when fares to that point were com pared with those to other suburbs of Bimilar distance. The Railway Com mission decided the case on the basis of location, declaring that Milwaukie was entitled to a rate of 5 cents, with transfers, and Oak Grove to a fare of 10 cents, with transfers. The controversy was then taken into the courts and was heard by Judge William Galloway, of Marion. County, in 1908. Judge Galloway upheld the order of the Commission, but upon the railway company executing a bond for $10,000, granted an injunction restrain ing the putting into effect of the Commission's order pending an appeal to the State Supreme Court. The Supreme Court heard the case in November. 1909, and on December 21 of that year affirmed the decision of the lower court. The opinion of the court was based upon the fact that the company had been carrying pas sengers over similarly constructed and operated railroad -a distance of three and one-half miles beyond the Port land city limits for 5 cents and giving transfers to and from city lines. It was held that the charging of 10 cents to Milwaukie and 15 cents to Oak Grove was discriminatory. Thereafter the company filed a petition for a rehearing setting up ten grounds. The Supreme Court has now denied the -further contentions of the railway com pany. Under the terms of the injunction granted by Judge Galloway in 1908. the railway company began the issuance of rebate slips to persons paying fares in excess of those ordered by the Railway Commission. It is said that the aggregate of these 5-cent slips is about $13,000, but it is deemed probable that one-fourth of the slips issued have not been' preserved by the holders. It ia probable, there fore, that the company will be called upon to refund about $10,00. Milwaukie patrons of the road assert that in most instances the rebate slips were not Issued unless demanded by per sons at the times fares were paid and that if slips had been issued voluntarily In all Instances, the aggregate would now be close to $25,000. ; It is also declared that a person travel ing from Milwaukie to some point on one of the city lines would pay 15 cents to reach his destination instead of 10 cents unless he "knew the ropes." For Instance, a per&on boarding a car at Milwaukie and paying his fare through to the terminus of the line at East Mor rison street, would be charged' 10 cents and a transfer' would not 'be issued. He would then pay 5 cents more to get home. The person who was "on." however, would pay 5 cents to the Golf Links, and then pay another 5 cents to the end of the line and receive a transfer jsrhen he paid the second fare, if he called for it. It is said that at the time of a recent picnic held at Milwaukie, when the com pany carried 5000 people, hundreds of them paid 16 cents to reach their homes when they could have traveled the dis tance for 10 cents. While the Commission's order, it is un derstood, is based on a question of loca tion, the Supreme Court's ruling Is founded more-on distances and for this reason it is predicted that the company will now be forced to grant a 5-cent fare to the ' Columbia- River and that based on the decision Oregon City can come in and secure a lesser rate to that point. In addition to Attorney-General Craw ford, Milwaukie was represented in the litigation by R. R. Giltner. 122 WILL BE GRADUATED CORVAMilS CLASS TO BE LARG EST IX COLLEGE HISTORY. Many States Represented, and One Hindu Studies for Advanced Degree in Engineering. OREGON AGRICULTURAL COL LEGE, CorvalUs, Or., June 7. (Special.) The largest -class ever graduated rrom this college will take degTees June 14. At this time 123 young men and women will take their, bachelor of science de grees and flv will receive advanced de grees. In numbers the young women from the School of Domestic Science and Art lead the list with a class of 24. The School of Agriculture comes next with 22; then the electrical engineers with 19; the civil engineers with 15; commercial. 12; mining engineers, U; pharmacy, eight; mechani cal engineeering, six; forestry, four. Most of the graduates are from Oregon, but many-other states are represented, several of the graduates are from Cali fornia, Washington and Idaho, and some from the Eastern states. Mulk Raj Soi is a Hindu. He will take the advanced degree of electrical engineering. Following are the names of the gradu ates: i Bachelor of Science in Agriculture Harry Asbahr, Bliss Lucius Clark, Homer Morton Cross. Alexander William Dodge. Fred Sam uel McCall, Jay Merrltt Reynolds, Lei and Hobart Spring, Georse Henry Thomas, Lelghton Jay True. Bhola, Kath pande, Ray mond B. Seely, prank Ross Brown, Leroy Breithaupt, Clarence C- Dickson, Carl Fran cis Galligan, perry McAlexander, Max Ad ams McCall. Ralph Waldo Rees. Ray Har land Roberts, Frank Benjamin Steen, James Jay Thompson, Carl Howard Suharto w, George S. Zimmerman. Bachelor of Science in Domestic Science and Art Frances Alva Altken, Beulah Beeler," Mabry Zerllda Currin,. Bertha Beulah Edwards, Anna LeLa. Edlngrton, Agnes Maud Goodrich. Ruth Jeanette Hess, Esther Vesta! Leech, Bessie Florence Parsons. Emily Fern Rod grers. - Mabel Rae Snow, Laura Elsie Van Meter, Grace Monemla Bath, Ed wig Bleeg, Grace Elizabeth Connell. Mary Enid Cate, Beulah Gustavla Gil key. Bertha Emma Herse, Laura Est el la Jackson, Myrtle Edna Lay, . Katie Maysel Ridge way, Alvhlld Romt vedt. Ruth Thayer, Lena May Wilson. Bachelor of Science in Mining Engineering Albert George Abendroth, Malcolm Robert Cox. Harry John Evans, John Armour Mul cLriek, Donald Hefley Rowe, Glen Kenneth. McKensle. Crle Eugene Brown. Ezra. Ste phen Dixon, Siegfried Maurer, Edgar George Plckler. Frank Wilson Thompson. Bachelor of Science in Electrical Englneer ina; Latimer Hobart Booth. Harry Davis Bowman. Fred Everton Ewart, Wallace Go ing. 'Everett Monroe Billings, Chloe Allen Burr&; Vincent Paul Gianella. Wayne Carl Mc Lagan. RuBsell Harrison Fleser, Horace Minor Propst, Joel William Powell, Roy Eu gene Rawson, Lester Eugene Stuts, Floyd James Williams, Julius Gordon, John C ptanklngton. Frederick Eugene Pernot, Ed gar Adolph Sorenson, John Oscar Vines. Bachelor of Science In Commerce Edith Haxel Cast eel, . Mary Lou via Davis, Frances Houston. Frederick Emmett McGrew, Irving Province. Edison Blaine Stanley. Bertha Leon a Cramer, Minnie Dlven, Ielend Barton Howey. Gertrude Elisabeth McHenry, Ivy Cecil Peterson, Arthur M. Weatherford. Bachelor of Science in Pharmacy Etnil Elmo. Carrol,- John Frederick Ketels, Frank Moore, Walter Earl Sears, Lyle Valltngton Hendricks, Richard Percy Land is, Gordon Rordon Rosendorf. William Thomas Stratton. Bachelor of Science in Forestry Harold Dekum Gill. -Thurman J. Starker. Jack Francis Pernot, Sinclair Albert Wilson. Bachelor of Science In Mechanical Engi neering Henry Bergman. John Donald Lines, Carl CUffton Titus, Otto Karl Black aby. Harold Dickson Marsh, Edwin Wheeler Wallace. Bachelor of Science In tlvil Engineering Elmer Dewitt Calvin, Wren Clark Crews. Alvin Flnlay. Torrey Lynn Austin, Robert "Kelson. Adorph Harry Schmidt. Owen Han cock Test. Robert Leroy Davidson. Frank Wood Connell, Howard C. Cunningham. Jo seph Allen Ganong, Howard O'Conner. Charles Percy Richards. Richard William Skibbe, Cheater An dims Vincent. Master of Science In Agriculture Glen DeHaven. Electrical Engineer William Harllng-Da-volt. Mulk Raj Soi. Master of Science in Domestic Science and Art Vesta Kerr. Master of Science A. L. Briggs. ROSEBURG FORMS COOD ROADS CLUB Douglas Citizens, After Hear ing Eldridge and Webster, Decide on Action METHODS ARE EXPLAINED Portland Speaker Dwells Particu larly on Xecessity for Organiza tion and Advice Is Prompt ly Followed Out. ROSEBURG. Or., June 7. (Special.) The citizens of Douglas County went on record today aS favoring the Improve ment of Its highways, and, as an appro priate preliminary to the contemplated good roads campaign, perfected the for mation of an organization to be known as the Douglas County Good Roads As sociation. The organization was perfected through the efforts of M. O. Eldridge, of Wash ington. D. C, and Lionel R. Webster, of Portland, each of whom addressed a crowd that taxed the capacity of the Star Theater. Mr. Eldridge spoke of the benefits of gtod roads and the proper manner of constructing -them. Lantern slides were used to illustrate the numer ous points brought out by the speakers, and the contrast between good and bad roads was clearly drawn. One series of pictures illustrated the effect of good roads on schools in the rural districts, while another tended to evidence the commercial benefits attendant to good roads. "Passable highways and good schools go hand in hand," said Mr. Eldridge, "and without either you cannot be pros perous." Methods of building dirt roaJs, proper location of roads, the contrast be tween good and bad culverts and bridges and the method of right construction were illustrated In a forceful manner. Judge Webster dwelt particularly upon the necessity of organization, saying that without unity all effort would fail. He also spoke briefly relative to financing road work and legislation that is desired in the state, and explained the useful ness of constitutional amendment by which counties so desiring may, at op tion, borrow money for the purpose of improving their highways. He also ad vocated the establishment of a state highway commission under whose super vision all road work would be done, as well as the passage of a convict labor law whereby all prisoners may be pressed into road service when desired. He said that the convict labor law would not only aid the counties materially in building roads, but would also have a tendency to clear the state of an undesirable - class of travelers. Messrs. Webster and Eldridge are en .route north and will hold several meet ings at points between here and Portland. FISHERMAN LOST ON BAR Life-Saving Crew Rescues Compan ion Who Is KearJy bead. ASTORIA, dr., June 7. -(Special. ) Haiki Pakkala. fishing for the Mc Gowan Cannery at Ilwaeo, was drowned this morning on the Columbia River bar. The lookout of the Cape Disap pointment 4Jfe-Savlns Station saw the boat capsize about four and one half miles west, between the lightship and Norfh Head. An alarm was sounded and the life crew, commanded by Captain Stuart, made all haste to the rescue, but before their arrival Pakkala had drowned. A. Santeri, captain of the boat, was rescued while clinging to the bottom of the boat. He was almost dead from exhaustion when taken out of the water. The life crew also recovered the boat and net. BUSINESS MAN IS MISSING Tacoma Man Suddenly Disappears From Home and Office. TACOMA. Wash., June 7. (Special.) Henry T. Bona, aged 62 years, sec retary and manager of the Eastern Manufacturing Company, has myster iously disappeared and thus far the police have been unable to find a trace of him. ( He lived with his wife and son.ort Sixth avenue, and left home Monday for his office, and has not been seen since. No cause can be assigned for his desertion of his family and business. 66' It Msiy This $ 1 SOO.OO Cash Donated by the owners of Council Crest property to advertise their district and also to encourage the build ing: of modern, up-to-date homes in ilrllfc aiSim Sjf tim - See the Great Stacks of Coin on Display in Spanton Co.'s windows, 269 Oak street. Take a ride up to Council Crest and enjoy the invigorating atmos phere, the magnificent natural panorama spread out before you, and at the same time inspect Portland's most superb residence district. Council Crest's "Southern Slope" Is Positively the Best Buy in Portland Today Values are not inflated these are almost acreage prices. Prices 33SO to 3 1 OOO-Easy Terms 10 Per Cent Discount Before Opening Day Our easy terms of 10 per cent down, 2 per cent monthly, will enable you to hold your lots a year, sell out and double your money long before final payment is due. Yon speculate on your credit. Take " Council ' Crest " car. Automobiles in attendance. fhrhin (TVh 269 Oak St SLSli. IL Vkii. JJL XO Ground Floor, Lewis BIdg. OLD NOTE BOBS OP Farm Nearly Lost Through ' Obligation Made in 1874. TRANSFER PROVES TIMELY I.uclen Sabin Missing. VANCOUVER. Wash., Juno 7. (Spe cial.) County Auditor Kies Is trying to find Luclen Sabin, a Civil War vet eran and more than 70 years old. Sabin was last seen in Vancouver May 7, but nothing has been heard from him since. A grand-daughter has written asking his whereabouts. Sabln was an Inmate of the Soldiers' Home in Los Angeles eight years ago. Israel P. Putnam Sells to Son in Time to Save His Property. Original Debt of $300 Now Amounts to $2)244.37. VANCOUVER, Wash., June 7. (Spe cial.) An unpaid obligation for $300. entered into 36 years ago, came up for settlement in the Circuit Court here yesterday. The note, which with in terest amounts to $2244-37. waa given by Israel P. Putnam in 1874 to Alvin Reckard, and by him sold to Martin D. Follett, ot Ohio. The latter sued for title to Putnam's farm near here, but when the case came up for hearing it was shown that the property, had been sold, a few months before suit was brought, td Putnam's son, Charles Putnam, and Follett failed to recover. After giving the note, Putnam came West and bought a farm In this county. He apparently forgot that the note, which was kept alive by writ of- re viver, had not been paid. On April 9, 1909, he sold his farm to his son for $6000. The younger Putnam failed to have the transfer recorded, and in the meantime the father took the money and bought a homestead in Oregon. In November, 1909, Martin r. Follett brought suit against the elder Put nam to collect the money with interest, and about January 1 he secured judg ment against Putnam's farm, the court not knowing that he had sold It to his son.- A writ of execution was served and the farm was advertised to have been sold February 12, but Charles Putnam, who had bought the farm, and failed to record the deed, filed suit asking for a restraining order, and making him the sole owner, re moving the cloud on the title. Follett answered, alleging fraud in the transfer. Judge McMaster, in passing on the case, said that as Follett had alleged fraud, the burden of the proof was on the side of the plaintiff, and that as he had failed to convince the court fraud was committed, a decision in favor of Putnam was given. Had Putnam recorded the deed when the transfer was made, Follett could not have brought action to get posses sion of the land. As I. P. Putnam's home now ia a homestead, it is ex empt, and the note made 36 years ago back In Ohio is still unpaid. Witness Tree to Be Removed. VANCOUVER. Wash., June 7. (Spe cial.) The historic old Balm of Gilead witness tree, which fell into the river last year, and the trunk of which, stripped of every branch, has been lying in the water since, will soon be a thing of his- FURS FOR LESS 2S9& OFF MARKED PRICES ON OUR ENTIRE STOCK MANUFACTURED FURS This reduction means a saving of 50 to 60 per cent on the market value of furs for the coming season. Phone Our Messen ger Will Call FREE STORAGE ON ALL TURS PURCHASED, OR ORDERS PLACED POR REMODELING DURING ROSE CARNIVAL WEEK Main 24 A 2440 We are making this exceptional offer and cut in prices to enable our OUT-OF-TOWN PATRONS to make their selections and have their work done before the rash season. , GOLDDKYJSIR STORAGE FOR FURS Corbett Building. BUY FROM THE MANUFACTURER DIRECT No Eastern Shop-Made Furs Have your Purs remodeled now and take advantage of our special Summer rates. Our Furs are made under our own supervision, carefully selected and properly matched by expert workmen. SAFETY AND PERFECT FUR STORAGE Do not delay having your Furs cared for during the Summer months and avoid destruction by moth. Summer temperature also makes the pelt brittle and de stroys the luster. . . Our steel and concrete fireproof vaults are positive protection against moth, fire and burglary. . L.IEBES & CO. J. P. Plagemann, Manager. 288 Morrison St. tory and memory. The Council has granted permission to Rector & Daly, contractors, to remove the trunk to clear that part of the Columbia River bank, to make a place on which to unload scows of sand and gravel. . Two large blocks will be cut off and of these tables for the public library will be made. New Light Plant to Be Built. SUTHERLIN, Or., June 7. (Special.) The Sutherlin Land & Water Com pany is about to begin work on the construction of an additional electric light plant for the town. A HIGH-CLASS RESTRICTED RESIDENCE DISTRICT i h - Street VERNON ? ADDITION g 1ADD' HYIt ttRK LL & W-in IroseXcty I . nrer ' X ' i irgton VSiif OW1M (5''HG Si I n AP - ' I snarr cam Lwe I T LJudosI wd NOTE THE LOCATION AND COMPARE IT WITH OTHER POPULAR ADDITIONS. Parked streets, cement sidewalks and curbs, 20-foot build ing line, $2000 building restrictions, no stores, no shacks, en chanting view of mountains, beautiful shade trees, Bull Run water to every lot. The best investment in suburban property in Portland today. We assure buyers a profit of nearly 200 per cent on their investment. July 1 prices will advance $100 PER IjOT. A $60 investment will make you $100 profit in 30 days. 10 PER CENT CASH Carter-Dugan Company 820 Chamber of Commerce 50x100 LOTS $600 $10 PER MONTH CUT OUT THIS COUPON AND MAIL TO US Carter-DuKan Company, 820 Chamber of Commerce, Portland, Orecon, Send me your two - color folder of GOING-STREET ADDITION. Name. Address .............................