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About St. Johns review. (Saint Johns, Or.) 1904-current | View Entire Issue (April 2, 1915)
St. Johns is Calling You Hat seven churches. Hai a moit promising future. Distinctively a manufacturing city Adjoins tho city of Portland. Has neatly 6,000 population. Flat a public library. Taxable property. ,500.000. Has large dry docks, saw mills .Woolen mills, iron works, Stove works, asbestos factory, Ship building plant, Veneer and excelsior plant, Flour mill, planing mill. Box factory, and others. More Industries coming. St. Johns Is the place for YOU. St.Johns is Calling You Is second in number of Industries. Is seventh in population. Cars to Portland every 16 min. l ias navigable water on 3 sides. Has finest gas and electricity. Has two strong banks. Has five large school houses. Has abundance of purest water. Has hard surface streets. Has extensive sewerage system. Has fine, modern brick city hall. Has good payroll monthly. Ships monthly many cars freight. All railroads havo access to it. Is gateway to Portland harbor. Climate ideal and healthful. ST. JOHNS REVIEW Devoted to (be Intereiti of the Peninsula, tba Manufacturing Center of the Northwsit VOI,. n ST. JOHNS, ORKGON, FRIDAY, APRIL 2, 1915. NO 21 COUNCIL MEETS Matters of importance Rfcceive Attention All members were present at the regular meeting of tho city council Tuesday evening, with Mayor Vincent presiding as usual. A petition signed by a num ber of property owners interest cd asked that Mohawk street between Willamette boulevard and Decatur street be opened. Council acquiesced in tho re quest and J. IS. Hiller. s. W. Rogers and L. B. Chipman wore appointed as viewers upon the opening of the street, V. W. Mason asked for per mission to use excess dirt on New York street to (ill in on Willamette boulevard, which was granted. A petition for an arc light at tho corner of Buchanan and Banks streets was referred to tho water and light committee. A resolution directing the en gineer to prepare the plans and specifications for the improve ment of Catlin street between Central avenue and Decatur streets was adopted. Bills totalling $59.80 were al lowed. E. O. Magoon offered to install a ladies' rest room on the east side of Jersey street, provided tho city donate $10 per month toward same. The oll'er was accepted. Councilman Waldref was granted permission to break curb alongside his residence for the purpose of auto entrance. Resolutions providing for the improvement of Ivanhoo street between Burlington and Rich mond and Chicago street be tween Willamgtto boulevnrd and Smith avenue were adopted. An ordinnnco vacating Kel logg street between Charleston andvJohn street for school ground purposes was passed. Tho engineer presented esti mates for tho hard surfacing of Pittsburg street betweon Craw ford and tho ferry slip in three styles concrete, gravclod bitu lithic nnd wooden blocks. Tho chairman of tho street commit tee, Davis, was directod to in terview the property owners nnd ascertain tho kind of improve ment they desired. Highly Recommended Canyon, Texas, March 27th, 1915. To whom it may concern: 'I hereby certify that 1 hnvo in timately known W. H. Nolen, now of Saint Johns, Oregon, for over fifty years, and know him to bo a man truo to his convic tions, honest in all his dealings with his fellow man, conscien tious in what ho believes to bo right, not afraid to proclaim the same to any people under any and all circumstances, and as far from being a hypocrite as any man I ever knew. Respectively submitted B.Frank Buie, Law yer. Hopkinsvillo, Kentucky, March 27, 1915. This is to certify that we, tho undersigned, have known W. H.Nolen from childhood, and know him to boa self made man, a truo Republican, and a believ er in woman suffrage. When he was a younf? man ho debated the question with the other boys and won his side. He was also opposed to capital punishment. He was Constable for four years and made a good officer. He was postmaster at Bainbridge three years, and at Sinking Fork two years, and gave perfect satisfac tion. He never belonged to any church. W. T. Williamson, G. A. Renshaw, J. H. Duiquid, F. P. Renshaw, H. C. Clark. Mr. Nolen is a candidate for Councilman from the Second Ward. adv ANNOUNCEMENTS I hereby announce myself as. T 1 1 x e ' an naepenueni canaiuaie lor the office of city treasurer to Jbe voted for at thdAelection to be held April 5th, 1915. Mrs. J, M. ShaSv. Auto for hire by day, hour or trip, at very reasonable rates. Good opportunity for parties of four or less to make a trip into the country at a low price. H, M. Waldref,609Fessenden street. Phone Columbia 206. The Water Question To the Editor: As you aro at tempting to place the idea before the voters that the Water Co. has an exclusive franchise, I am going to conclude my letter writing in this campaign with a short legal argument and place the truth as it is before your readers. In 1903 St. Johns was organized as a city and drew up its charter. The charter no where directly authorized tho city to grant a water franchise but on the contrary did author ize the city to build one of its own. . , In 1905 the Legislature passed an act entitled: An net to in corporate the city of St. Johns, Multnomah county, State of Oregon nnd to provide a charter therefor and to repeal all acts or parts of acts in conflict there with." Now. Mr. Editor please note there is nothing in the above ti tle authorizing or referring to any curative measure. Section 20 of Article four of the State Constitution provides: "Every act shall embrace but one subject, which subject shall bo expressed in the title." Section 22 of tho State Consti tution provides: "No act shall over bo revived or amended by mere reference thereto but the act amended must be set forth at full length." Tho Water Company is (Id- pending entirely according to your legal (7) advisor and opinion writer on a section injected in to the 1905 charter that pretends to cure a void franchise granted in 1903 charter and that, with out oven so much as a reference to the "No." of tho void ordi nance granting tho franchise nnd without embracing tho same in tho act as is provided shall bo dono in Section 22 of tho State Constitution or in any manner referring to tho void franchise. Tho courts all hold this cannot be done. You cannot breathe the breath of life into a void uct by a retroactive mcasuro and that is what was attempted to aro done. Tho Supreme Court of Oregon and the Supreme Court of Kansas and all of tho states agree on that rule. Hero is the language from the Kansas decision: "A retroact ivo stntuto attempting to crento a power or euro a defect of ju risdiction has never been held valid." 12 Kansas 213-Stnr Pa per 305. "The exercise of such power would be despotic, odious, op pression and impairing the ob ligation of a contract." If the legislaturo could breathe tho breath of life into theso instru ments then it could mnko valid forged instrument. 2 Kansas 115. Exclusive franchises , under such authority as exists here in the 1903 and 1905 charter could not bo created. Under a much stronger law and plainer grant tho United States Supreme Court so held in the case of Wright vs. Noglo 101 W. S. 791. I am surprised to find anyone who should contend to the con trnry. When wo annex to Tort land, Portland has the absolute right to, at once, commence lay ing water mains into St. Johns atod Bull Run water will be ours and where we now pay as high as 1.85 per month for water we will get tho same for 50 cents per month. D.C.Lewis. Wo have consulted our "legal adviser" concerning the points Mr. Lewis has brought out, and his reply appears elsewhere in this issue. Ed. Some of the mergerites when they meet some unsophisticated individual will pull a letter out of their pocket and slyly hand it over to oe read. The purport of it is that the "St. Johns Wa ter Company" was dissolved in 1906 by proclamation of the gov-1 ernor. It even makes the ped dler of this misleading piece of literature snicker when he sees the innocent one swallow the bait. There is no company with the title St. Johns Water Com pany, but there is one with tlfe title "St, Johns Water Works & Lighting Company," which name it has been incorporated under. That it is solvent and doing business right along is shown from the fact that the state values its franchise to such an extent as to exact $4 yearly tax. If it was dissolved, surely the state would know it. Anyway the franchise is just as binding toward its successors or assigns. It is pretty cheap poli tics, yet some bite at it. Don't be thus misled; use a little of your gray matter. An Opinion Worth While March 30, 1915 Dr. E. E. Gambee, St. Johns, Oregon. Dear Sir: I have been asked to submit a legal opinion as to what effect merger of St. Johns with Port land might have upon the water situation in St. Johns. That depends upon how Portland could legally manage the water question after merger. I note that the St. Johns water works franchise is exclusive till April 1919, and that tho Legislature of 1905, in St. Johns charter of that year, and the people in the 1907 charter, enacted by them and under which St. Johns is now operating validated all franchises theretofore granted. The U. S. Supremo Court in a number of decisions has held that a city cannot run a compet ing water system as against the private owner of a valid exclusive franchise. The leading cases on this subject are: Vicksburg v Water Works Co., 202 U. S. 453", Walla Walla v Water Works Co.. 172 U. S. 1. These decisions make it certain in tho event of morcrer Portland could not soli Bull Run Water in your district in competition with tho St. Johns water works till after April 1919. Tho only alter native would be the purchase by Portland of the St. Johns waterworks. Portland could not purchase without borrowing money and issuing bonds. Sec. 120 of the Portland Charter reads as follows: "No bonds other than bonds for public improvements payable out of assessments upon the property benefited, and sqwer bonds if otherwise authorized, shall be issued unless approved by a vote of the people at a general or special election at which tho question shall be submitted in tho same munner as other measures aro submitted under the initiative and roforendum. This provision shall not apply to bonds heretofore authorized. All bonds of tho City of Portland shall be sold to tho highest responsible bidder." Portland people do not vote bonds freely. During tho last three years 1G bond propositions, ranging from Two Million Dollars down to Twenty Five Thousand Dollars hnve been submitted, and only one of these was passed by tho people. It will not bo to tho advantage of the City of Portland or her citizens to voto tho bonds or buy the present St. Johns water works, and for at least four years it does not appear likely there will be lower or better water rates in St. Johns, even if the City becomes a part of Portland. Yours truly, JOHN B.9CLELAND. Judge John B. Cleland was on tio bench twplvc years nnd is widely known Attorneys in Portland. Truth About Conditions Editor Review: There are so many lalse impressions being left with tho voters of St.Johns, by the imported spellbinders from Portland and its suburbs, on ttio question or annexation that I am moved, through a Spir it - f r , a l ft .I.. i i it oi luir limy, io Buunui uiu ioi lowing notes: Sunday. March 21. the writer made a trip to Scllwood. Lents nnd Montnvilla and found some interesting opinions upon the advisability of becoming a su burb of n great city. In Montnvilla, tho homo of tho Corn Curo Doctor, they howl about high taxes, no ropresenta-! tion, difficulty in arranging a hearing with any City Commis sioner, a general dissatisfaction with the present conditions of tho Portland Commission gov ernment, graft, favoritism in improvements nnd inadequate police protection. One night patrolman covers a territory as large ns St. Johns, leaving the business center unprotected one half of tho night, while the day patrol is inadequate. They have sufficient lights, water and fire protection; well, so have we. i.iiu oiuuwtwno tiiu iii luiivu iuii- dition, even in tho center of the district, being nearly all old, wood walks, and not very many new ones appearing, either. They have no manufactories, and of course, located as they are, perhaps never will havo any. Street improvements aro hard to secure by the little fellow, and easy for the realty broker. Street repairs, scarcely over, with plenty of mud on the cross walks, unless some enterprising citizen takes kindly to tho shov el. Enough for Montnvilla. Lents, before annexation, was a village with no government of her own, so had to annex or in corporate as a city. By a major ity of 33 votes Lents annexed. Now tho majority aro mourning because they did not incorporate and govern themseves. What, havo they received from merg-i ing into Portland? Some few I hundred feet of rotten, discard ed hose; a donation of $15 per month to maintain a fire depart ment and purchase supplies, pay rent, etc.- a LARGE donation; higher taxes by 25 per cent, with no reduction in fire insur ance; severe building restrictions and inspections; high license on teamsters and vehicle traffic; no representation or any chanco on reasonable time to a hearing by the Commissioners; one police man for a territory larger than St. Johns; ono additional arc light and very few hydrants; ab solutely no improvements of any kind. They admit one gain, however, to wit: A regular po liceman, where formerly they had a watchman paid by popular bubscription. There is a strong dislike for tho present Commis sion government. Now for Sell wood. Sellwood sent a sneaker down to the, North school Friday, Mar. 19, or rather he came upon the earnest solicitation of our An nex element. This speaker wao R. M. Gatewood. a real estate vendor with his "For Sale" tags stuck up over about one-fifth of the Sellwood district, making it appear that annexation muBt have some peculiar fascination for his class of fellow men. Did you hear his speech? Ho admit ted what? That Sellwood had acquired a very few arc lights and a Government parcel post box. Certainly some benefits for Sellwood. The writer found by nn extended tour of Sellwood thnt thoy havo sufficient fire hydrants in the business dis trict, also arc lights and a paid fire department, for which, of course, the taxpayers of Scll wood pay. Street Improvements, outside of 13th street and about five cross streets a fow blocks long, are, howover, a minus quantity. Higher taxes on tho averago since tlvm beforo annex; severe building restrictions working a special hardship upon the littlo homo builder or owner, and a general disliko for exist ing Commission government. Tho serious minded taxpayer in all theso suburbs says of our pro posed annexation, "Yes, person ally I would liko to sco you tak en -in, as thereby there is more assessable territory added to Portland to help us out in the future on tho over increasing bonded debt of Portlnnd; how over. I cannot seo where YOU would or could gain by such a move." In conclusion will state that last Saturday ovoning, after tho speaking on tho annexation question by our long haired friend, Dr. Doveny, Mr. Leper, president of tho East Side Busi ness Men's club, and our old standby, G. L. Pcrrine, I put the following question to Mr. Leper, in tho presenco of A. W. Davis: "What inducement do you, in the city of Portlund.havo to offer tho prospective purchas er of n manufacturing slto?" Answer: "None whatever." Question: "The fact is, then, that all tho water front is held by individual owners or corpora tions at exorbitant prices in Portland, as well ns in St. Johns?" Answer: "Yes." Mr. Leper proposes a direct tax 3n the realty of Portland to raise a largo sum of money that may bo expended for the purchase of water front property, thereby giving tho city power to donate sites to bona fide manufacturing concerns. Some stunt. Do not- bo unduly influenced by parties having an axo to grind. If any one is at all unde cided as to the proper course to pursue, I would urge them to vote against annexation and study it over from all points of view for a year or two, while we watch our sister, Linnton, grow maybo. Thanking you for any disposi tion you make of this, I remain, very truly yours Chas. E. Gar lick, 102GS. Hayes street. Editor Review: Can you tell me how a candidate can take the oath of office in which he swears to uphold the city government of St. Johns, when it is his avowed purpose to destroy it? A Curious One. That is simply a matter be tween the man and his con Bcience. Ed. For Rent One 6 room house, $8.00; one 7 room house with 1 acre, $8.00; one 6 room house all remodeled, $10.00. Peninsula Security Co., Room 5 over First National Bank, one of the most prominent and Voter's Soliloquy (Parody on Hamlet's Soliloquy.) To bo or not to be Chut is tho question: Whether 'tis wiser, in fact, for we, of St. Johns to suifcr Tho small nntural, municipal ills incident to any town Or to tuko up arms against these little troubles And by committing suicide end them? To die, to sleep Forever more! and by sleep to say we end Theso smnll troubles and a few petty pangs That any self governing commu nity is hoir to 'tia a consu- mation Devoutly to bo wished, says D. (J. To die. to Bleep To sleep! Perchance to dream of Bull Run water (which we wont get) Ayo thero's tho rub! For in tho sleep of death what dreams may corno to us. When wo hnvo shuflled off this mortnl coil. Must givo us pause. Thus, mer ger, would Mako St. Johns n cnlamlty for years to come. But why should we, of St. Johns endurotho whips and scorns Of a few of us, who dissatisfied would always be. Disappointed office seekers and the like? But, still, in enso of merger,1 how about the nanus Of disillusioned lovo for Port-1 land dear, tho laws delay. Tho insolence of her Commis sioners, those Five thousand dollnr beauties, whom wo could never see Would thoy caro to listen to our troubles.' Scarce y at all. And yet why should wo bur littlo troubles bear, alone, To grunt und sweat under a weary lifo. But that the dread oi something after death, by merger. That undiscovered country from whose bourn Wo could never return, Puzzles tho mind and makes us rather Bear the fow small troubles we now have Than to fly to others we know not of : And thus the native hue of sui cidal resolution Artificially inspired, by a few who their own ends pave in view, Is sickened o'er with pause and thot: And this nefarious merger en terprise of great Pith and moment to these few, who havo Alone their own ends in view, Is turned aside, when we stop to think That suicide will not cure The few ills we now endure, for after death, Forsooth, what then? That's the question. K R. Citizens of St. Johns. Greet ings: You are invited to attend a grand rally to be held in the auditorium of the James John High School building, Saturday night, April 8, 1915, under the auspices of the Merger Ulub, You will hear classy arguments in favor of annexation. Promi nent speakers will be present. H. D, Beam, Sec'y. HIGH 0L Incidents of High School Interestingly Told The bnso ball season has now begun in earnest. The Hill grounds have been put in shape and ,tho boys have been prac ticing.cvcry night of tho pnst week.; Prospective candidates for the team are: Wesley Wrin kle, Bert Sundstrom, Carlyle Cunningham, Earl Kcliher. Clif ton Crouch, Rny Hawkins, Joe Toole, Dick Johnson, Harry Card, Harold Baybrook, Louis Dunsmoro, Jack Brownloy, Bill Schroedor, Delbert Day, Marshall Shaw, Ferris Swisher, Droit Larson. Clyde Thayer. Wycth Jaync, Henry Jower, and George Huitord. From tiiese tne school expects a good team. Tho enterprising first term Freshmen have organized a base ball team of their own, ns fol lows: Everett Day, captain and catcher: Bill Schrocdcr, manager and pitcher; Dick Johnson, coach; Walter Bugbce, left field; Joe Toole, first base; Clarence Mar tin, second bnso; Russell bmitli, third bnso; Max Stearns, center field: Charles Krcyer, short stop; and Jack Brownloy, right field. This team promises to be a good one. They played their first game with Central school, which did not result Inn victory. However, tho team was not com posed of regulars, so this game "doesn't count." As yet tennis is not under way for tho "powers that be" refuse permission for the use of ono court until both are roady. The girls' basket ball team, ac companied by Coach White and his wife, enjoyed "Geneseo of tho Hills" at tho Baker Theatre Thursday. Tho Seniors, finding it difficult to chooso a suitable vehicle for their sovoral histronlc powers. think of requesting Barrio or Belasco for a brand now play. Tho "Reporter" respectfully suggests Bernnrd Shaw as being best able to help them. Tho Dramntic Society gave a vory pleasant program and en tertainment Fridny ovoning. Tho principal part of the pro gram was tho Sophomore-Junior debutoon the question: Kesoiv cd, that ono ucssion of school from 8 o'clock to lOo'clock would bo bettor for J.J. II. S. than the present arrangement. Those on tho Sophomore team wero Car lyle Cunningham, Dorothy Schue for und Ferris Swisher;. on tho Junior team, Minnie Nolen, Ho mer Plnskett and Drott Larson. Althouuh both teams did good work, tho judges decided in fa vor of tho Juniors, who support ed the negative. This debate was tho second of the series of interclass debates, the Sopho mores having won over tho Freshmen m tho first contest. Tho Junior-Senior trial remains, which will decide tho champion ship. The entertainment following the debate was in the form of un "abbreviated social," the novelty of which wns much en joyed. Thoso who attended tho recent anpearanco of tho Pacific Univer sity Glee club at tho II. S. audi torium wero well repaid for their effort. Tho club, consisting of s xteen young collego men, ren dered n very pleasing program. The collego songs were especial ly attractivo features. Tho Freshman class has an nounced a return reception to bo given the Upper Classmen on Friday. April 22. 'Ihe invited guests anticipate a good time. Senior Notes: Here it comes What? The Senior play! Af ter many readings and discus sions the Seniors have at last se lected "The Sky Riders" for the annual play. It is a thrilling comedy of two California avia tors. Mrs. G. M. Hall, the well known coach, has charge of the play. The following is tho cast: Alueron Gordon Brown. Bill TeutBch; Horace Saunders, Car lyle Cunningham; Teddy Nixon. John McGregor; Mrs. Algeron Brown, Gladys Palmer; Helen Brown, Alice wnnklo; Koma, Marshall Shaw; Juliana Brown, Marie Bredeson. I'riday, Apn 30th, is the date set. Tho staff of tho Senior Annua has now begun work in earnest. Histories, jokes and other liter ary articles aro being collected. The class, though small, is unit ed in effort and promises to givo the public an annual unequaled. Nets the label on your piper. Again Knocked Out Editor Review: Our good friend D. C. Lewis is in a nolo again on the water question. At first ho contended that an exclusive franchise would not stop municipal competition. I drove him away from that posi tion by showing what the U. S. Supreme Court has said about that. Then he backed up and took the position that the exclu sive franchise of tho local com pany was void because the 1903 charter did not empower tho city to grant an exclusive fran chise. I then showed him where the 1905 and 1907 chnrters ex pressly validated the franchise. Again he backs away nnd takes now the new position that thu validating sections are no good because the charter titles do not mention these sections. I now cite him tho case of "Nottngo vs. city of Portland 35 Oregon. 539. In that case the Legislature gave Portland a new charter, as it did in 1905 to St. Johns, in which it validated certain asoss- ment proceedings, void under the old charter. Nottage resist ed the collection of thoso assess ments, nnd one of his conten tions wns, like Lewis', that the title of the new charter did not refer to the validating section, and that therefor the validating section was void under tho Con stitutional requirement that tho subject mutter of n statute must io germane to the title. The title of tho new Portlnnd chnrtor wns exactly liko the title to the 1905 and 1907 St. Johns char ters, and contained no reference to the validating sections. On his point,, in the Nottage case, the Supremo Court of Oregon said: "We think in view of tho fact that it was but a re-incor poration of u previously exist ing municipality, tho matter of ratifying and validating prior proceedings for tho improvonient of streets is germane to the sub ject matter of tho title nnd prop erly included in tho act." In answer to Lewis' argument that retrospective legislation is void, above decision says: "There is noclnuso eithor in tho U. S. Constitution or of this commonwealth which prohibits retrospective laws." Above decision is binding ur- it gon luw, anil again poor oiu Lewis is (In von from his posi tion. He has not a log to stand on in his plea that morgor will owor our wator rates. Ilia le gal citations in this issue aro absolutely no good. I ho writor has carefully mspuctod thorn nil nnd tho facta therein deultwith, so widely differ from tho St. Johns matter that his cast have no appliability to our situation. There could no no municipal competition from Portland for I years. The only alternative would bo for Portland to buy the St. Johns wator works, by selling bonds which Sec. 120 of the Portland charter stays must be submitted to tho pcoplo lor ratification. Portland people don't vote bonds freely. In the ast 3 years thoy havo rejected 15 bond proposals and passed one. would they vote noncis io benofit a fow thousand pooplo in the North ond, now St. Johns No chanco. If the people of St.Johns think that merging will solve the wa ter question thoy will bo sadly foo od. it will not. hot us hang onto our own government. Turn down tho paid agitators. How ard O. Rogors, The report has boon circulated that tho St. Johns Review and several other leaders of tho Anti-Merger movement Iirvq liixn nrnumitud with blocks of stock of the St. Johns Water Company. Now wouldn't that grab you? We aro most sorry to admit that it is not true. Would that it were. As a mntter ot fact the St. Johns Wator Com pany is not interested in this light. It feels that it would get a better price for its plant If Pnrtlniul would take it over. And you do not notice its offi cials or employes or m lact any body going around tolling tho people or oven suggesting that this city purchaso tho plant at tho price offered. Thoy can make more money by kooping it. So when some one tolls you that the company is giving away stock, just give them the laugh, becauso if wo aro getting stock we are not earning it. The Review has not and is not advocating purchasing of tho plant. That is up to the people entirely. NoU tha labal on your paptr, j
