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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 7, 1910)
TTTT! MrVRXIXO OREGOMAa, TTEDXESDAT. DECE3IBER 7, 1910. 14 ; : . I Wm i m m m m m m m m m m - EAST SIDE GIVES VIEW0FVAGAT10KS Committee Tells Why City Should not Give Streets to Railroads. PUBLIC NEEDS RIVERFRONT Land W hich O. R. X. Asks to Im jitoto Terminals Would Cite Railroad Control of All Best Ivrep Water In Willamette. PORTLAND. Or- Dec. . (To tha Ed. l!or.) la Tha Oregonlsn of November !1 appeared a presentment by General aianagrr O-prien of the railroad's slda of ttia controversy over the vacation of tha waterfront ends of 1 streets on tna East Side. His statement la not ao Impartial, nor his facta ao eTldent aa rs woo Id have tha public believe. It reminds oca that tha strength of hla case, aa la uraal when a great railroad corporation la Interned. lla not alona la tha Justice or even the legality of Ita claims, nor tha correctness of 111 al leged facta. for Instaiw-e. a ahort time since tha Portland Kallway. Light Por Com pany proclaimed to the public that Ita opposition to a fender selected br the Council was not due to Ita disinclina tion to protect the public. tait on tha contrary. Its own Intention 1ft tha mat ter had always been tu secure the most efficient fender possible. Yet for soma years the said company successfully opposed all efforts to fore It to use any fender at all. and finally adopted the one In present ne. of Its own choice and construction, and which any pho tograph, taken at random, will prove, what the public well knows, that It la only a eham. Xo Obstacle to Freight iVpo- Bv far the most Important element la the vacation controversy Is the availability of the waterfront Involved for public use. and the public's access thereto. As for Mr. O'ltrlen a plea that they are wanted to meet the demand of Fiat SM bualness for a "local freight depot" and collateral facilities. It Is enough to say that his company, aa one of the considerations by which It secured Its ortclnal franchise In East Portland, agreed to "build and maintain a eultable freight and paaener de pot" and the necesvary roadway, and If tha extension of these facilities only Is tha thine desired. It can be accom plished br extension or modification of franchises, and no one will object. A committee from the K'vst Slda Tt'istness Men's Club watted on tha Mayor to ask Mm to act In enforcing this provision of the ordinance grant. Irs: tha franchise, but without results.) That such la not the thine souKht by the railroad, but that it la the com pletion of Its control of four-flftha of a mile of tha finest waterfront In the city la easily shown by any extensive view of the character of the property or the history of the railroad's ac quisitions In that territory, and Ita de termination to secure vacallona Instead rf franchises. Waterfront XeedVd for sck. If the railroad really needed that wa. terfront. or had Improved It or pro- posed to Improve It. It would glva color to their plea, but since It owns, rona li ly speak In sr. with the smaller holdings f other railroads, about one-half the waterfront within tS city limits, and far mora than It doea or can use. Its plea that the city ahould rive It out of Ita pitiful remnant practically all It has left and retire IWfeet further tack from the railroads holdings by vacation of II.OOiVOoO worth of streets, -more or less, is absurd, and throws dis credit on Its every plea and suspicion lln Its every motive. That the city has authorised the ex penditure of tl.Soo.ooo In acquiring- and Improving the waterfront, and that tha time of the completion of the Panama Canal la near at hand, when said water front will ba needed for the accommo dation of a rival and cheaper trans portation than that of the (I. R. N. Company, emphasises such suspicions and should arouse tha whole city In opposition to the abandonment of such a valuable public property to a com pany that will leave no stone unturned to defeat the beneficent purpose of the Government In bulldlna said canal, as well as In Improving our harbor and Ita entrance. Mr. O'firien submits a map to prove that tha atreeta asked for are not wa terfront. The fact la. he aiya. "that the shortest distance from the harbor line to any of the streets Is from -00 to i;e fct over private property, with the possible exception of East l'lne and taut Ash streets." Now. is It a fact that this is private property down to the harbor line? This part of East Portland was platted out of tha Jacob W heeler donation land claim. The western boundary was the meander line of the Willamette River, surveyed and recorded in the United s-tatea Land Office. AH existing title descend from this patent, unless per chsince the land between high-water and low-water mark was bough from tre state under a statute of Oregon passed during tha reign of Henry V Il ls rd. The policy of the Federal Govern ment In patenting Its land is to pass rto private title oo navigable or mean dered etreama beyond that line, defin ing as well aa possible tha upland, or auch as could be used for agricultural I or farm purposes, from that too often submerged for such use. which was turned over to the atate as an adjunct to the use of the river. The river. It was Intended by tha Government, ahould be protected to the public use. and It waa provided that the state should have Jurisdiction over tha land between high and low-water mark that would enable it to conserve them to the publte benefit. It has been held that, where auch land are exposed enough to be considered as land and are not needed for public use. they axe subject to sale by tha atate and that the abut ting upland owner baa first right to bay. and always ha the Tight to reach tavlgahle water by a wharf or other wise. Hat this 'I merely a privilege that carries no tula or tangible value unless used. Purpose) of Law Defeated. To permit a corporation to buy np miles of riverfront and without use to exclude the public even closing up the street originally dedicated to the shore line. 1 to defeat the very purpose of the provision. This surveyed meander Una. although the most Im portant boundary of the original plat and appearing thereon, ha strangely disappeared from later city maps, and mapa In present nse give only the har bor line, which Is an arbitrary Una fixed by the Government to protect the waterway and not Intended as a bound ary lire at all. and Is subject to change. :ast Portland plat waa recorded and acknowledged In 1S1. Wheeler's Addi tion la lit, la lit). Wheeler sold Wheeler's Addition to Ben Holladay. Wheeler's deed to Holladay called for the land down to low water mark, al though his patent reached only to the surveyed meander line. In 187 he quitclaimed to Oeorre W. Weldler. one of the Holladay railroad men. In 171 Weldler quitclaimed to the O. C. Railroad, and the land along the river front wa taken over by VI Hard In J7I aloryr with all the other Holladay property except the main part of Hol laday and Wheeler additions, which were bought by the Oregon Real Es tate Company. Immediately after Weld lei's purchase from Wheeler of the riverfront, which wa by mete and bounds. Ignoring the recorded plst. and although the description start from a block corner, atreets are crossed in discriminately, he petitioned East Port land to vacate certain streets where they touch the liver. This waa done. Thee vacation affected every atreet In this district platted to the river ex cept the south 89 feet of Gllsan. and Pine and Ash streets, which apparent ly have not been disturbed. At the present time, according to the records. Pacific street reachea to within 0 feet of the surveyed meander line (the only definite boundary fixed along the river) Oreiron street touches It. and Irving ends "i feet from said line. Hoyt and the north half of GUaan were never opened. First street touches the shore line between Gllsan' and Flanders, whence the meander line deflect west ward until the fractional blocks) 25 feet wide at Flanders become at Burn tde about 7S feet wide. Public Property Sucked Away. . True, the railroad's claim may atlck. as the whole record In this territory shows the railroad property expanding by legislative and Judicial proceedings, sucking awav the properties of the public, ilka a force pump, every stroke of the handle raising the column of railroad atock a little higher, while the check-valve prevents any recession, but .each advance I made the base oi an other operation of the same kind. Even If the railroad ownership of the waterfront I granted. It operations show poor excuse for granting these further concessions. The road can have all the franchises It needs to operate upon. Just a It has la the past 40 yeara It needa thi valuable water front only to exclude others. It uses its riparian right, whicn is oniy i nriviir a base to altack and ex elude the very authority granting that privilege. Existing precedent do not Justify the city In abandoning any further control to uch an ungrateful and illiberal client. The vacations at Issue. If granted, will complete the railroad' title to a strip of land 200 feet wide and 4100 feet long from the north aide of Oak street to the north lde of Holladay avenue. From thl point norm m irrine dock Is also owned by the rail road. Increasing Its then line of water front by Hi feet, or altogether, one and a quarter miles or absolutely arm by all odds the finest stretch of water front In the harbor, considering loca tion and natural depth. A In all case where a heavy volume of water sweep around a curve, the greater depth is next the outer shore of that curve, and as shown by the recorded soundings the contour of SO-root doptn lies u this side verv near the shore line, while only a few feet out the soundings are 50 to 0 feet depth. And. strange coin cidence, thl happy condition begins at Pine street and ends at Irving doc. Jut being well-covered by the proposed railroad line of title. Just below and above these point the deep water ends and the SO-foot contour leaves the shore, and at Irving dock crosses the river entirely, the soundings showing less than SO feet clear across the river. (U. a Engineer's Map. Dec. 190. $100,000 for War Through Air. One and one-quarter mile of unused wharf site! The city ha next to none. The railroad bought that north of the Steel Bridge from Mr. McMlllcn for i4ouo It's rlnarlan right are a privi lege extended by the state or the city. yet the railroad charge tne cur 00 to cross this with the Broadway Bridge. Because forsooth. It cut thl valuable dock site of one and one-quarter mile length In two! Oh. the pity of It! that the stranglehold of the rail road upon this waterfront should be thus ruthlessly broken! And to uch an extent! an easement for a bridge overhead, no break in tha continuity of the road' ownership on the water front, but merely the right the East Side to pass over through the air to the railroad' depot. 1100.000! Bah! W tremble with shame at such paltry consideration of o good a friend! Mr. O'Brien's figure, dividing the vacation Into groups and giving the length of one as 100 feet and compar ing thl with the length of the ahed on the West Side. Instead of saying outright the extent of the proposed Irn provemen on the East Side, is all to confuse and divert the attention of the public from the actual details of the matter In hand. As to the value of the other concessions, the people should remember that all their holdings were derived from a property based on a system of atreets giving ample and unobstructed Intercommunication and access to the harbor, which the Gov ernment does not permit to be ob structed by any private claim. City Must Buy Rack Gifts. Therefore. It Is only a long course of most Impolltio sacrifice of these pub lic easements, at a time when Fort land wa truggllng for recognition and capital to establish public utilities, that deprived the city of these sites for public Improvement. And the fact that sho haa to buy back at great price that which wa granted away freely I absolute proof that the time Is at hand when she should wean these graceless Infant Industries and now devote all her energies and resources to the construction of a first-class port: to the development of her most valuable asset, her water traffic, and with such traffic and first-class pub lic terminals, the railroad with their present strength may be depended upon to take care of the landward lde. and themselves. (Visaed) TIAV KELLAHER, it. O. COI.I.1XS. J B ZIECLKK. CEORCK II. VAX WATERS, C. A. HIGKI.OW. Joint committee from Esst fide Improve ment Association and East Side Buslnvss Men Ctub. MR. GODDARD LAID TO REST Funeral Services) Are Conducted at Goddard Residence. Funeral service for the late Anson W. Goddard. who died Sunday morn ing were held yesterday at the God dard residence. 40 Mill street. Rev. Benjamin Toung conducted the serv ice, assisted by Rev. Dr. Case and W. N. Ferrln. president of Paclflc Vnlver- 'Vl'rs. Kettle Greer Taylor sang- Lead Kindly Light" and "Abide With Me." Manyiandsome floral ploces were re ceive The pall-bearera were W. D. Kenton. A. W. Imbert. C. JC. Rankin. D. C. Burn. J. W". Wiedrick. Amedee M. Smith and Samuel ConnelL Mr. Goddard came to Oregon In IS?!, and was for mny year In the shoe business here. He was the father of H. W. Goddard. County Commissioner. Oct the Cesslss Always. A substitute Is a dangerous make shift especially In medicine. The genuine Foley's Honey and Tar cures coughs and cold quickly and Is in a yellow package, contains no opiates nnd is ss'e and certain In results. Sold by all druggists. Welsh Anthracite heat- bct and last longest. J. 30. C iiOi. THUGS ARE GUILTY Jury Convicts Walter Kirch- ner and Pat McCIure. VICTIM IDENTIFIES MEN F. G. Arata. Picks Them From Ten Prisoners) at The Dalles R. J. If 111 Tell or Meeting; Men on Car Sight of Robbery. Walter Klrchner and Pat McCIure, daring hold-up men, were convicted by a Jury In Judge Morrow' department of the Circuit Court at 6 o'clock last night, the Jury having been out two hours. McCIure 1 a painter, while Klrch-N ner. who went under the alias of Jack Welch, and said he wa once a prise fighter, lias a broken non His attorney attempted to make capital of this, say ing the victims should have spoken of this at once In describing him to the officer. The two thugs altempted to prove an alibi. F. G. Arata and Walter II. Drennen were the men held np. The crimes were committed on the night of September 20, one at East Twelfth and Burosiile streets and the other In tha same neighborhood, Arata and hi son were first held up. While they were being searched, Dren nen poased by, and. seeing what wa going on, spoke to Arata. He did not stop, however, and within a tew minutes wa himself ordered by the some men to hold up his hands. Drennen replied that he hnd only one hand to hold up, whereat Klrchner felt hi sleeve to see whether he had really lost a hand or whether he was faking. He was relieved of J-1 and Arata of J7.50. Both, the victims telephoned -the police station upon arriving home. The pair were arrested at The Dalles, in a room ing house, a day later. Robert J. Hill, bartonder at the North ern Saloon, said on the witness stand he knew Klrchner and McCIure: that they had been In the Municipal Court on a charge of burglarizing the saloon, but were released. A vagrancy charge was afterward entered against them, and they were ordered out of town. Hill said he wa on a Montavllla car on the night of the robbery, when Klrchner and McCIure boarded it and asked him the best place to catch a train. Ho told them East Sixtieth .street was a good place, snd they sold they caught a freight at .:20 A. M. the same night. They testified they were not on Twelfth street that night, but that they passed Twemn street that night, but that they passed Twelfth street on the car. When the pair were arrested Arata went to The Dalle at his own expense and Identified them a the right men. Drennen picked them out from aeven or elvht other at the police station. The Jury which convicted them waa composed as follows: J. J. elevens. Isaac M. Bates. J. P. Whnlen. C. V. An derson. Jr.me Kenny. J. W. Altstock. Charles Ackley. J. A. Brant. U. G. Ship lev. J. K. Kaser, J. D. Hart and F. R. Snlway. Deputy District Attorney Tage, prosecuted the cose and Attorney L K. Huntsman and N. R- I-andls defended. ONLY A WRY SHORT TIME WHILE THEY LAST 1A it!. LL Ve ICE CUFF INI HOME RITE ASSOCIATION TO JOIN IX PROTEST. Petition Asks County Court to Re voke License of Roadhouse. Salnoomcn Sign It. IL C. McAllister, general manager of the Greater Oregon Home Rule Asso ciation, and probably members of the advisory board, will go before the County Court between now and next Saturday morning In behalf of petition er who are protesting against renewal of a lUjuor license to Rath & Sandys, proprietors of the Cliff Inn. a road house a few miles northwest of Port land. The petition. lgned by 113 of the 1 voters In the precinct, and 17 resi dent who have not yet qualified as voter, was brought to the Greater Oregon Home Rule Association yester day by K O. Gillette, a member of the committee that circulated the protest. Tho other member are L. M. Mills and Richard Shepard. The petition set out that the Cliff Inn la a notorious re sort and that there are nine saloons In the precinct, which has a popula tion of 200. While the precinct in which the Cllrl Inn is located Is "wet" by a tremendous majority, the potltlon is signed by more than half of the voters. Among the signers are saloonmen who have protested to the proprietors of the Cliff Inn against the manner In which It i conducted. The principal grievance against the Cliff Inn la that It has rooms for rent. Signers of the pro tost say that unless tho. Cliff Inn Is abolished other saloonkeepers may fol low the example of keeping public dancehalls and room in connection with their places. The protest will come before the advisory board of the Home Rule As sociation today, but Mr. McAllister has already pledged hi word that he will appear In person before the court In behalf of the petitioners. ELLEN TERRY SALE IS ON At 10 o'clock Today Hcilig Theater Box Office Opens. The box office opens at the Hellig Theater today at 10 o'clock for the sale of seats for Ellen Terry's appearance at that theater Friday night The mere announcement of her appear ance ha met with much Interest. Mis Terry ha made a triumphal march across the continent, and is declared to be In the best of health and spirits, and contemporary critic seem to find that her ixty year of active life have robbed her of none of her enthusiasm and personal charm. l ne ciui" ' J " ' - beauty of her voice, the magic charm of her personality anu me iuiu,c, u:uu Interpretation of the characters she loves and knows so well. Her appear ance Friday night Is undor the auspices of the Oregon State Federation of Women's Clubs, and will be made the occasion for the visits of many repre sentative of out-of-town clubs. Condition of the Treason. WARHIVOTON. rec 6. At the begln--!n of business today the eondlntlnn of the T nltso aistes in"111' .......... a a nee In Tres.ury offices. IS4.024 241: In banks and Philippine treasury. I33.tlii.10. The ttl balnni-e in the general fund ws SS "SO Hi ordinary receipts yesterday we're. ! 511 with disbursements of - 444 5TA. Tne deficit to date tills flrcal year Is .S.1.;. as ssalr.t :4.47.:t this time last yr. i ne Ti.u. Tanama Canal and public debt transactions. , DISSOLUTION SALE OF N. M. UNGAK'S NEW YORK BRANCH Has placed in our hands to be disposed of at once a $50 000 stock of made-up garments, and we will sacrifice same at oO cents on the dollar while they last, as we have to turn that into cash at once. This is the greatest opportunity that has ever been offered to the Fur-buying public on the Pacific Coast to secure FINE FUR GARMENTS AT . .. Half -Cost This presents a splendid opportunity to select useful and tasteful Christmas gifts LARGE ASSORTMENT EXTRA QUALITY ONE HALF PRICE Don't Miss the Opportunity to Take Advantage of This Sale Beautiful, Silky, Black Alaska Fox Scarfs Latest Design $30 Scarfs at $15.00 $50 Scarfs at $25.00 MUFFS TO MATCH $40 Muffs at $20.00 $G0 Muffs at $30.00 BEAUTIFUL BLACK. BROWN AND GRAY CONEY SETS Lartre collar and big pillow, and rug muffs, to match. $40.00 sets at S20.0O $30.00 sets at S25.00 $70.00 sets at 535.00 Select Russian Pony Coats 52-in. Length Russian Pony Coats, Well Marked $100 Coats at $50.00 $150 Coats at $75.00 $200 Coats at $100.00 NEARSEAL COATS Fine Brocade, Silk Lining, 52-inch Length $200 Coats at $100.00 $250 Coats at.... .$125.00 $300 Coats at.....$150.CO All Made Fur Garments, consisting of exclusive designs, reat varieties, excellent selections, at half price, $10.00 up. Jr K iff i& j iy "it -T i-J$ M-' . ;il ' ! J sts$ . --- ; - - f jL.wm- .: . CIS LEADING FURRIER ! A O 'VliiO &mf M aaS. ai-- Bet. Wash.. n St.rkM.r.bll 73 109 SEVENTH STREET BOSS PRINTERS TO MEET PORILAXB TO BE SCENE OP NEXT COST ASSEMBLY. Local Committees Plan for Big Con vention Here In February. 250 Delegates Coming. t .1.., win ba the rendezvous for employing printers of the Pacific Coast. February 22. 23 and 24. when the Pa cific Coast Cost Congress, first of the kind In the Far West, wm m " Printers from all prominent cities from the Canadian line to Mexico and from Salt Lake City west. It Is expected that 260 delegates will convene here. The convention will be held in the assembly hall of the Portland Com mercial Club. C. A. Whltemore of the Irwln-Hodson Company. Is presi dent of the preliminary organization, and Robert MorrelU of the Ktlncm Stationery A Printing Company, is sec retary. William Davis, president of the Howe-Davis Company. Is treasurer. The following committees have been "Kx'eVutlve S. C. Beach. Robert Mor rell. Joseph Beverldsre. C A. White -more. Ed James. Kntertainment C. Whitemore. F. W. Baltes. Joseph Beverldee. W. E. Prudhomme, J. L. i;? . J. ' . a Kern Finance ASStaU oT rT Ball. L. A. colton and Milton warKowitz. "w,'""v. S. C. Beach. Robert Morrell and F. w. Simplifying- and standardizing Pr'"' ing methods by adopting better facili ties for making estimates and settling . . a iKinatai AitnnnmT Of A print shop are the prime object, of the coming coilcuuv -- - Diggest printing men In the "ui . th. convention. estates iu - These will include Mr. Elllck. of the Omaha Printing Company: A. "-Mor gan, of Chicago. Kcreuij . - . Mr. Nelson, ternationn i v.vw " of New Tork City. President of : the American type .....;; Th4ia.iinhla. secra- ar.a jar. neii " : tary of the Typothea of America. .. Portlana. witn -- . . . " j o v.. hriiirh the local Winters' ass7a"on7 tSoV the Initiative 'calling the gathering. Chicago he d the first lniernaiiuiuw v,uv . -. nRi..j vet r a. and a similar convention was held at St. Louis. Cost of Dreadnoughts. . f fTn t Via rTrll- tor.) In your editorial yesterday on "The ?r' Tr. rvresronlan rew lircaauuuxiuBi " says inese vw u i.uhuv.u -- r will cost the American people about - " - A j . ...ffiM-nt to Jltt UUV per uj cum " ' ' . . i. ir m ooo will support ;v.vv j.w ...... ' . , , support 20.000 people does not the dis bursement Ol siv.vvv ua.ij thIslt time that the productive power (If CA"ll 1 1 1 o . . gone forever wtthln 10 or IS yeara from the time it Is taken out of cir culation and tied up In a mass of cost Iv Iron and steel. The way I view It the reverse Is true. Whether it Is ennri himln-M for the Government to build the ships is another matter, but the money spent has made business and wages for somebody and certainly is not taken out of circulation. E. M. C. Husnm Out for Good Roads. HUSUM, Wash., Dec. 6. (Special.) A call has been made for the organiza tion of a Good Roads Club In this vi cinity. James Hendryx, road supervi sor, asserts there will be 60 members enrolled In the club who will boost for the betterment of roads leading from Husum to the towns of White Salmon and Underwood. Commercial Chub Elects Officers. COTTAGE GROVE, Or., Dec. 6. (Special) The Cottage Grove Commer- Mendota Coal Has a reputation to live' up to.w'An enviable reputation. It is claimed to be the best coal of its class to give satisfaction. Judging from the re-orders, it makes good. Phones: A 3887, Marshall 2635 or Order From Your Dealer Today cial ub has elected the following of ficers: President, Frank D. Wheeler; m . . i , t Andrew Brund: second vice-president, J. L Jones; sec retary, Lew A. :ates: treasurer, mic Hall; trustees for one year, A. B. Wood, John II. Sllsby and L. S. Hill; trustees for two years, H. G. Kinter. M. H. An derson and G. H. Tyson. Tate Notice THE SWASTIKA MINING & DEVELOPMENT COMPANY, LTD., WILL POSITIVELY WITHDRAW ITS STOCK FROM THE MAR KET ON JANUARY 1. 1911. r , We have part of our new machinery on the way to the mine at this time, and the balance will be installed just as soon as we can get to it. Our miners are working in ore bodies that leave no doubt of the value of the Swastika, and financially we have advanced to a place warranting the announcement that stock will be withdrawn from sale on J anuary 1. Until that date only we shall sell at 10 cents per share on installment as heretofore. ' Our interesting booklet free to ail who send their address to this office. Tfie Swastika Mining 8 Development Co., Ltd. 220 Drexel Bldg., 2d and Yamhill Sts., Portland, Or. Tel. Main 8726. it, TV. , " & ...t-SM -'CitJsKi?-,-- I uramm Commercuu Veiucia