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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 14, 1920)
11. mont Marble company, Phillip E.,t Buebke, Columbia Wire & Iron Worki, Samuel C. Jaggar, Morrison Electric company, Edsar V. Lazarus, VISTA HOUSE UPHELD Loren M. Lund, Mario Lund and Multnomah county. H We Give S. & H. Green Trading Stamps With Purchases Amounting to 10c or More Filled Stamp Books Redeemed in Cash at S. ? 77. Office, 3d Floor jf Soda Fountain and Ice Cream Parlors in the Basement Tea Room, 4th Floor Manicuring and Hair Dressing 2d Floor Shoe Shining in Basement E NAVY RESERVES GO TODAY x TTTE JrORNIXG OREGONIAN, .WEDNESDAY. JULY 14, 1920 AUTHOR TYTOBULD Commissioners Within Law in Paying for Memorial. COURT THROWS CASE OUT Judge Tucker Comments on Litiga tion, Saying Building: cces fciiry for Us of Couuty. Authority to construct Vista house t Crown Point on the Columbia river highway was vested in Multnomah county commissioners by the law which empowers them to expend county funds for the erection of "necessary buildings for the use of the county," held Circuit Judge Tucker yesterday in a decision which threw out of court the long-uending suit by taxpayers seeking the return to the county of money paid contrac tors for the work. Vista house was built at a cost of $99,148.05, of which J3S12.35 was paid by the Vista House association and $95,335.70 by the county. An early estimate of the cost o a comfort fetation at Crown Point was $12,000, which investigation proved to be en tirely inadequate. "The Vista house is beyond ques tion a public building for the use of the county." says Judge Tucker's opinion, "whether it is recognized as a comfort station or as a memorial to the pioneers who forged their way through the Columbia gorge in the earlier days. The structure Is open, free to the public at all times, and Is maintained by the county. v It . . . Is an integral part of the Columbia Xlighway. . . . "Abundant evidence was adduced at the trial ... to show the abso Jute necessity of a comfort station at Crown Point. . . . Vista House Is 23 miles from Portland. Thou eands and thousands of people as semble at this place every day, and accommodations must he made for tnls great mass or Humanity . the terrific winds prevailing during certain part9 of the season rendered anything but a stone structure im practicable. The description of the Vista House in the complaint por- traya the superstructure as a beaut ful memorial, inclosing tablets to the memory of the pioneers. It seems to the court that this is highly fit ting .... Keoennnry foe County. . . whatever name it assumes, It functions in a certain, definite, practical manner, whether as a com fort station or as a memorial buna lng. . . . the Columbia highway is unique, not only in its scenic beauty, but in its peculiar location and con struction. . . . What is a neces sary building for the use of the county and the public on this high way would not necessarily be such on the ordinary roads of the etate. . "The court is of the opinion that the board had power to . . . erect the Vista House, whether it be con sidered as a necessary building for the use of the county ... or an Integral part of the highway . . Manv remedies were open to the plaintiffs, as taxpayers, at theincep tlon of the' construction of Vista house, but which are closed to them now, pointed out Judge Tucker. "The most appropriate would have been resort to an equity court for an ii junction," he declared. "At that time the same questions could have been raised that have been raised now. The defendant contractors are In court on executed contracts. The work done by them was regularly let, performed and accepted. The public has been enjoying the results of the contractors' labors for many months. "Before the construction of Vista house wide publicity wp.s given to the project. Newspapers, cuts and periodicals heralded the coming. There were no protests on the part of taxpayers' associations presented, likewise the board received encour agement from the public civic bodies to go forward. The objections to the project gradually subsided, and the board was led to believe that the public wus in sympathy with the im provement." ' v "But even had the power of injunc tion been brought, the same ques tions would have been determined," commented the court, "so that it would have been a lost motion in a large measure to have proceeded with that form of remedy. Judge Comment on Cae. The peculiar conduct of the case won comment from Judge Tucker, who said: "The court is also impressed with the fact, as shown by the testi mony, of the half-heartedness with which the plaintiffs prosecuted the case. The records show that the original complaint was verified and supported by. one plaintiff, Nora Withrow; that after the amendment several others were made co-plaintiffs. "These additional plaintiffs, when called upon to testify, and brought in by subpena, seemed to have little, if any, theory upon which they were working. THtey did not seem to rea lize they were parties plaintiff, and manifested a feeling that they were simply protesting against the large expenditure that has been made in the construction of the Vista house. They never signed or verified any complaints. Nora Withrow testified that she signed the petition, that the same had been prepared and presented to her for signature, and that she had not seen it before. "These are extraneous matters in the light of the conclusion the court has reached, but the entire setting in a court of equity ought to be well in hand in considering as important a matter as this. The decision of Judge Tucker fol lowed in main the decision of Circuit Judge Stapleton in sustaining a de murrer to the original complaint in the same case, and Judge Tucker asserted that it was his belief th a demurrer might nave been sus tained as easily against the second and amended complaint as against the original complaint. S. II. Pierre Handles Case. Samuel H. Pierce, deputy district attorney, represented Kufus C. Hol man. Philo Ho'brook, W. L. Lightner and Alwin A. Muck, paet and present county commissioners, named in the suit. Other . defendants were repre sented by S. J. Blschoff, Lewis, Lewis & Finnlgan, George Arthur Brown and Rlchard-W. Montague. The plain tiffs were represented by Attorney James E. Fenton. The complete title of the case was Nora Withrow, M. J. Altehouse, A. F. Miller, A. E. Kessler, Margaret Ryan, John Bliss, Andrew McMillan. F. H. Crane, Mrs. F. H. Crane, J. T. Stillions, W. J. Hillyard and A. J. W. Brown against Rufua C. Holman, Philo Hol brook, Alwin A. Muck. William L. Lightner, John B. Yeon, the late Henry I Pittock (president of the Vista House association). Walter E. Conklin. William J. Plepenbrink, Joseph C. Boyer, International Case ment company, A. L. Malder company, M. A. Schanen, David L. Povey, Ver- '. S. Destroyer Talbot to Take Ore- gonians to Bremerton. Between 40 and 50 of Portland's naval reserves who nave signed for the summer cruise will leave the city for Bremerton this morning aboard the Unitad States destroyer Talbot. The Talbot arrived in Portland yes terday morning. Thirty-one reserves had reported for duty yefcterday and had physical inspection at the" naval recruiting station. Third and Washington streets. The Talbot Is commanded by Com- mar.der H. F. Ulover. At Bremerton the Oregon reserves will be distributed among several destroyers as there are not enough Oregonlans in the reserve to form the crew for a destroyer. Ports up and down the coast will be visited on the cruise, which will last from two to four weeks. On board the U. S. Idaho, which left Bremerton yesterday, was Lieutenant- Commander John A. Beckwith. com mander of the Oregon naval reserve. who was on a three weeks' cruise to Alaska. Ir. w. T. Northrup of Port land and Dr. Arthur Van Dusen of Astoria also .were on board the Idaho. GRAND JURY TO START Probe Into Sugar Situation and Alleged Stamp Sales Expected. Federal officials predict that the new grand jury. Instructed Monday by Judge Wolverton. will be occu pied the coming week with investi gation of alleged sales of altered war savings stamps and reported sugar profiteering in Portland. Further in dictments are expected in both cases. According to Assistant District At torney Lusk the government Is not yet througn with its investigation of profiteers in sugar and other com modities. The authorities will not be satisfied until a thorough probe is made and evidence now on hand Is presented to a grand Jury, said Mr. Lusk. Assistant TJnited States Attorney Veach, who is investigating the war savings stamp case, said the 13 secret indictments which had been returned were only a preliminary procedure ar.d that further disclosures would be made. KLAMATH SPONSORS ROAD Aid for Lake Highway Assured if Lane Puts Up Share. EUGENE, Or., July 13. (Special.) The members of the Klamath county court and of the chamber of com merce of Klamath Falls are willing to stand their share of the expense of extending the old military wagon road over the Cascade mountains to a connection with the Crater lake road if the county will put up the remainder as it offered to do two or three years ago, according to Will G. Steel, secretary o the Eugene chamber of commerce, who has just returned from the lake and Klamath Falls. There Is already a road over the summit of the mountains by way of the upper Willamette, but it will re quire several thousand dollars to make it passable for automobiles. Chinook Season Ordinary. ' MARSHFIKLD, Or., July 13. (Spe cial.) Recent reports from Rogue river, where Chinook are the biggest source of revenue, indicate the early season has not been different from the usual one. The run has been fair. But the season of big catches is at hand, and will be giving the fishermen and canners their big re turns somewhere around July 15 to July 25. and from that on to the mid dle of August. The freighting boats from Rogue river have been deliver ing considerable quantities to this port, but there is no supply piled up awaiting shipment at Woodburn and the pack to date is about all for warded to buyers. Phone your want ads to The Orego- nian. Main 7070, Automatic 560-95. s F w - S"J. I. N A ft - U R N A C E I ,1 " " l r - " j NO FUMES NO DIRT CLEAN, HEALTHFUL HEAT " Introductory Price f 125.00 HALL GAS FURNACE CO. 167 PARK ST. just south $m 7C85 of Morrison Pierce Arrow $400 We have an old Pierce Arrow in good running shape, and fine tires. This car would make a wonder ful bug with a little rebuilding. This model is hard to find, bet ter look it over at once. Covey Motor Car Company Washington at 21st Main 6244 1 i A, X T I 1 Jis " w i-H L, Glenwood Butter 2 lbs. $1.23 Fourth Floor No delivery of butter ex cept with other purchases made in the Grocery Department. Order early in the day. Glenwood Butter fl" OO priced special, 2 pounds for --' Wednesday B Women's Tub Dresses V . Toilet Paper 20 Rolls i Special Basement Excellent quality Crepe Toilet Paper put up in large size rolls. No phone, C, O. D. or mail orders filled. 20 rolls (( to a customer. 20 rolls wluU Girls' Dresses At S1.69 Basemen t Dainty Frocks for warm weather wear. Made up in blue or pink percale trimmed with tan or white. Sizes 6 to (J" ?Q 12. On sale today; only 0JLO Women's Low Shoes $2.98 -Basement Broken lines of Women's Foot wear at a sacrifice price to clear the stocks at once. Patent leather Pumps and Oxfords with low heels and broad toes. Also dress and Outing Shoes of vici kid with Louis heels, and others of black and" tan Russia calf. A few pairs of Comfort Shoes are included in the sale. Broken sizes (PO QQ 3 to 8. Basement Sale O.iO I j We Give S. & H. Stamps! Men's Shoes Special at $4.98 Basement Calf, Vici Kid, Gunmetal and Patent Leather Shoes in black or brown. Medium and full English toes, also broad toes. Good range of sizes in the lot but not all sizes in each style. Plan to shop early and JA QQ gefe first choice. Priced special in the Basement Underprice Store tDTc.cO Sport Hats Basement Women's Trimmed Hats, Banded Hats, Outing Hats, Sport Hats, Untrimmed Hats a great lot to be closed out at one dollar. Plain colors and two-toned effects. All the popular styles, such as sailors, tur bans, side rolls, droops, etc. Your choice today at S1.00 imimimiimimimmnmmimmmimmimiiiiimimmmimiHimmiiiimmm .The Olds, Wortaian & King Reliable Merchandise Reliable Methods A Day of Extraordinary aseisient -$3.95 Basement 126 Women's Summer Dresses priced for quick clearaway at about cost of materials. Many dainty styles to select from. Some with overdrape tunic effects, fancy collars and cuffs. Made up in cool, sheer voile materials in delightful patterns and colors. Ex-(J0 QP traordinary values at DOJ Tricolette Dresses y2 Price Basement Beautiful Tricolette Dresses in the season's most attrac tive styles. Beaded and embroidered in many different designs. Black, tan, brown and many other colors. Regular $52.50 Dresses, QOJ OC special for this sale, at 30.eJ Wool Sweaters At V2 Price Unrestricted choice of any Wom an's Wool Sweater in the Basement at just half regular price. All the new styles are represented, including belted and slip-on effects. Plain and fancy weaves. All the popular colors. Women's Hose Special. 3 Pairs 4-L Basement Women's Hose of good quality with ' double heel and toe. Black and white only. Broken range of sizes. On spe- fif cial sale today at 3 pairs DJ-vfvl Children's Hose At 29c Basement Elastic Ribbed Cotton Hose in sizes 7 to 10. These are of splendid quality but have slight imperfections. Priced spe- OQn cial for today's selling; pair JVs Fruit Canning Time! Supply Your Needs in the Basement Now is the time to lay in a stock of Fruit Jars and accessories for the canning season. We show a complete line and our prices are as low as the lowest. Note these offerings in the Basement: Mason Jars Mason Fruit Jars, 3- ff pint size; a dozen OltUlf Mason Fruit Jars, fiJ-J - f quart size; a dozen tDiJ.vl Kerr Jars Kerr Fruit Jars, pint CJ1 size priced per dozen, at 0J-vftl Kerr Fruit Jars, quart Qi t size priced per dozen, at 3-LJ-J Rubbers, Caps, Lids Mason Jar Rubbers, a dozen 10 Good Luck Rubbers, a dozen 15 Other Jar Rubbers 15, 2 doz. 2o Mason Jar Caps, the dozen 350 Economy Jar Caps, the dozen 350 Kerr Mason Jar Lids, dozen 150 Kerr W. M. Lids at, a dozen 200 Standard Store of the Northwest Undererice Store Sport Skirts 2.48 Basement Clean-up Sale of several small lots of Women's Tub Skirts. Just the thing for beach and outing wear. Some are a trifle soiled from handling. Good assortment CJO A O of styles and sizes, at only lO Bathing Suits At 98c Basemen t One-piece Bathing or Swimming Suits. Knee or full length, without skirt. Black cotton. QO Priced special in the-Basement Ot Men's Khaki Pants $3.75 Basement Underprice Store Men's $2.50 and Basement Men's Shirts, of a cele brated make. Extra good materials and distinctive patterns. C" IQ Size 14 b only. Special D-L 36- Inch TaffetaSilk $1.98 Basement Fancy Plaid Taffetas so much in demand for sport skirts, waists and dresses. Large assort ment of patterns and colors. Full 36 inches wide. Specially C1 QQ priced in Basement yard D.L0 42-In. Wool Voile At $1.25 Basement Black All-wool Voile spe cially priced for today. Beautiful ma terial for dresses and skirts. Full 42 inches wide; of splen- I" OK did quality. Special, yard wltl Economy Jars Economy Jars, Q"l OA pint size; a dozen 3-s-OW Economy Jars, P" A f quart size; a dozen i,-I-rtv' Kerr Wide Mouth Kerr Wide Mouth Jars, T- Of pint size, priced, the dozen 0-LOU Kerr Wide Mouth Jars, J1 Af quart size, priced the dozen 3Xf4vf Aluminum Preserve Kettles "factory seconds" slightly imper fect, but best of values. Note prices': 5-qt. Preserve Kettles only $1.65 8-qt. Preserve Kettles only $1.98 10-qt. Preserve Kettles only $2.78 Bargain Offerings in the Coutil Corsets At 95c Basement Women's Summer Corsets of light weight coutil with rust-proof boning. Several good styles to select from. Medium QK bust. Sizes from 20 to 30. Special at OC Undermuslins At $1.19 Basement Envelope Chemise in several dainty styles. Made up in flesh color material. Also Women's White Skirts trimmed with good grade embroideries. Undermuslins such as are usually priced at $1.50 to $2.00. Q-J "I Q Basement Underprice Store, special wlU Only 300 pairs of these good Pants, and won derful values they are at the price! Made of splendid quality material and cut in the latest style with belt loops and cuff bottoms. Fine for camp and outing wear. Full QO rjfZ range of sizes. Special in Basement t tl Men's Suspenders Special 45c Basement No telephone orders accepted for these. Men's Suspenders in cross-back styles with good strong leather tips and dependable webbing. Specially priced for today's A fT, selling in the Basement Store at only -JJ Men's Sox at 19c Basement Men's Black Cotton Socks with double heel and toe. -Made with ribbed tops. Several hundred pairs .bought underprice in a great one-day sale. Sizes 10Va and "f 11. Specially priced for today; a pair -LJV Coveralls $3.75 Basement Men's Coveralls of good quality brown denim. Popular garments for work or camp. Well made in every particu- flJO fTfr lar. Sizes .from 36 to 44. Special DO I O $3.00 Shirts $1.49 Basement Men's white gauze Union Suits. Short sleeve, ankle length style. All sizes from 34 Q- in up to 46. Priced special 5-L4i Women's Union Suits at 59c Basement Special Women's light weight Cotton Union Suits in low neck, sleeveless style with tight or lace knee. CQ Practically all sizes. Priced special, each Sleeveless Vesta with plain or crochet yokes. Pure white. Spe- OCp cially priced, at JV Women's Bloomers Special 79c Basement Women's Bloomers of good quality pink batiste. Only a limited number of pairs left in this lot. Well made and shown in nearly all r7Q regular sizes. Priced special in Basement Pillow Cases Special at 19c Huck Towels for 25c Basement Pillow Cases of excel lent quality bleached sheeting. Size 36x36 inches. Only 50 dozen in this lot. No telephone orders ac- "1 Q cepted.' While they last; each -LUC 10 Yds. Nainsook for $2.98 Basement Soft-finish Nainsook for lingerie and infants' wear. A great opportunity to buy for months ahead at a big saving. Put up 10 yards to the piece. On (?0 QQ sale in the Basement, at oiVO I 1 Notion Day Bllitm 4-inch Lisle Elastic; the yard 50 black only. On special sale today 100 Shoe Laces, black tubular; pair 40 Boned Belting, white and black 2, Pearl Buttons, asst. sizes; card 70 2 and 3-inch widths; the yard 170 Snap Fasteners, 3-0, 4-0 in black Whisk Brooms, ass'ted styles 390 and O and OO in white the card 20 Tooth Brushes, good grade 18-250 Spool Silk for hand or machine use Itsoezi Trouser Hangers, only 170 in wanted colors, 50-yard spools 100 Hair Pin Cabinet, ass'ted sizes 7 0 Melba All-Silk Binding Taffeta, in Defender Safety Pins at, card 40 Snowdrift Shortening 2 Lbs. for 70c Fourth Floor A wholesome substitute for butter and lard at about half the cost. Demonstration in Grocery T7fn Dept. Snowdrift Shortening, 2 lbs. 0YS The Basement Store offers for to day a special list of bargains for boys. Parents will save money by taking advantage of these low prices. Boys' Straw Hats Special 20c Basement Boys' Straw Hats in the wide brim styles for beach and camp. Limited quantity. Broken Ofln sizes. Priced very special at "C BOYS UNION SUITS in athletic style with opening at shoulder. Light weight fabric. Sizes from 6 7fn up to IS. Easement Store Sale I Boys' Play Suits At $2,69 Basement Boys' Khaki Play Suits coat, pants, hat and leggings to match. Sizes range from (?0 6 to 12. Priced special at JJJ KHAKI PANTS 26 to Q9 rjr 32 waist sizes. Special at 0rf I D Overalls at 85c Basement Boys' Blue Denim Over alls in the popular bib style. Extra strong stitching. Sizes from Qr 4 up to 10 years. Special, pair OtJC BOYS' COVERALLS of khaki color material. Drop seat style. QO QC Sizes from 4 to 8. Special f.OO Sleeveless Vests, large sizes. Neat, plain yokes. Specially priced OQ in this sale, at JC km ra1 Basement Plain white Huck Towels with neat red border. These are of good large size and are extra values. Not more than two dozen to any one customer. No telephone OPT orders filled. Special, each tJi' Figured Percale for 25c Yard Basement Splendid quality Percale in light patterns suitable for aprons and house dresses. Specially OFT priced for today the yard Ask for S. & II. Green Stamps. iimiuwiiiuiiiimiiiiimiiiiiiiiuumiiiiiiiiiiiiiiiiiiiiiimiiiiiuiiiiiiimiiim ' 'C m