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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 19, 1900)
THE MORNING OREGONIAN, MONDAY, MARCH 19, 1900. OREGON CITY LOCKS Government Will Not Pay to Exceed $456,000 for Them. ELECTRIC COMPANY'S OFFER HIGH New Isoclzn Recommended in Cane an Agreement an to Vrlce Cannot Be Reached. No action has yet been taken by the Government In regard to the purchase of the Oregon City locks. The matter was fully Investigated by Major W. L. Flsk. when he was stationed at Portland, and subsequently by a board of engineers con sisting of Major V,r. H. Heuer, Captain TV. C. Langfltt and Captain AV. "W. Harts. The preliminary report of Major Fisk and the evidence taken by the board at the session in Portland last September have been printed" in House Document 202. The Portland General Electric Company asks $1,200,000 for the locks, and the Govern ment Is not willing to pay over $45G,000. There the matter rests for the present. Major Fisk reported that the water power and the canal are very intimately connected, as a portion of the power is taken directly from the canal basin. The greater part of the west bank of the canal is nearly a vertical wall of rock, while all of the small space available on the east side, between the canal and the river, is valuable as building sites for use of the power, and the greater part of this space is already occupied. The canal Itself, Major Fisk reported, is not in such condition that the United States would be willing to assume Its operation -without considerable repairs and betterments, and much work would also be required on the locks to place them in good condition so that the expense involved would be considerable in addition to the actual pur chase price. The traffic through the locks for the six years ending with 1S9S was, according to Major Fisk, 37G.03S tons of freight. 27.3S5, 7S5 feet of logs, piles and lumber, and 2,974 passengers. The charges collected by the Portland General Electric Com pany in 1S9S amounted to ?39,073 50. Dis cussing these charges, Major Fisk said: "Supposing the tolls abolished and the entire benefit given the producers, tho direct saving to them would be over $29, 000, while the Indirect saving due to cor responding reduced rail rates It would be Impossible to estimate without access to the books of tho Southern Pacific Com pany, though this would unquestionably bo much greater still. "The Willamette Valley Is very rich, is eottllng up rapidly, and Its traffic Is con "etantlyincreaslng; the General Government is now at work carrying out a project for Improvement of the "Willamette and Yamhill Rivers, involving an expenditure of $200,000, nearly all above the locks at "Willamette Falls. As Portland, the nat ural seaport for all this Valley, is below the locks, practically all the traffic of the river must pass through them. In my opinion the canal and locks are worthy of acquisition by the general Government, if they can be obtained at reasonable cost." Cost of the Lock. The board, consisting of Major Heuer and Captains .Langfitt and Harts, went fnlly Into the history of the locks, their cost and present value. They reported that about S3S,SO0 would be required to put the locks In good, serviceable condition, and $314,300 to build them anew. The re port of the board continues: "To determine the present value of the locks on the basis of cost of construction, wo must, therefore, deduct the cost of needed repairs, leaving the present value $275,500. To this should bo added the orig inal cost of right of way, reported to be about $35,000, making the, present value $310,500. The private statement of a relia ble resident of Portland, based on papers now many years old, but believed to be authentic, has been made to a member of the board, stating that the original construction was carried on with funds obtained by Issuing on the faith of the company $200,000 in bonds, in addition to the $200,000 in bonds given by the state; that all these bonds were discounted, in ono case being sold for 7 per cent, and in the other for 0 per cent, of their face value, and thp funds, amounting to $315.Ou0, were all that were used for the construction. These amounts correspond closely with the cost of original construc tion, as determined by the state legislat ive committee in 1S93, that Is, between $300,000 and $325,000, and with the cost as found by the present board's survey. One of the original Incorporators also in formed another member of this board that the total cost was $339,000. of which $35,000 went for right of way, and that po litical extras, so to spealc, took about $20,000 more, leaving the actual cost of construction at $284,000." The board on its visit to the locality selected a location where it is believed new locks could bo constructed In case of any disagreement about the sale price of those already built. These new canal and locks, If no water rights need be pur chased, would cost for right of way and construction $439,000 If one site wore cho sen, and $456,000 If another site wero selected. Traffic Handled at the Lockw. "Commerce actually passing the locks from Its opening In 1S73 to the present time Is given below us It was furnished to tho board by the Secretary of State of Oregon, to whom, under the state law, certified statements by the canal owners of all traffic shall be submitted quarter ly. These quarterly statements are still made regularly: 2 2 H TEAR. g T g 3 a a r : 3 : 3SS2 123 1 2,255 13.C14.0S 1SS3 37S 7.9S5 29.2S1.31 1SS4 237 7.517 24.C63.25 18S5 37G.5 C.S43.5 3C.510.70 18SG 361.5 C913 21.C20.51 1SS7 412 S.571 22.5C0.40 1SSS 447 6.CS9.5 3S.707.14 1SS9 415 C.444 37.55S.56 1S90 2S2.5 5,171 29.6S7.28 1S91 439.5 S.3C1 30.752.C7 1892 453.5 11,514 24.337.84 1893 511.5 14.575 26.2SS.13 1894 CC4 23.270 29.637.42 1895 1.30S.5 25,204.5 25.4SS.10 1895 1.930 27.747 36,511.75 1S97 1,749 26,352 30,000.00 1S9S 1,736 2SS76 S6.569.C5 1899, year 939 9.962 10,256.25 Total.... 12,863.5 234.451.5J 504,145.04 For 17 years. "It is claimed, and apparently with just ice, that much more commerce than that given above Is affected by the acquisition of these lock and canal by the General Government. This acquisition means free tolls, and therefore It is claimed a cor responding reduction of freight rates, amounting to 50 cents per ton on all rail roads along- this river, will necessarily be made on all shipments to Portland from upper Valley points. The amount of commerce thus affected Is stated by K. B. Thlelsen. secretary of the Chamber of Commerce of Salem. In his letter dated September 16, 1899. as 500,106 tons annual ly. If 50 cents per ton on this freight could bo saved every year It would re quire but few years of saving to the ship pers of the Valley to more than pay for the value of the locks and canal. Present Value. "The president of the Portland General Electric Company. P. F. Morey, under date of September 13, 1899. offered to sell to the Government the canal and locks alone for $1,200,000. It Is understood, from verbal conversation with the general manager of this company. Mr. Goode, that this offer includes the transfer of a nar row strip of land along each side of the canal for buildings, etc, the separation by a concrete wall of the water-power Hume from the canal, and a guarantee to supply sufficient -water at all times for navigation. If such an offer could be accepted it would Involve relying for the luturo on this company to keep up Its dam in good condition, so that sufficient water should be available in the upper pool at all times. It would not permit tho United States to modify In any way the dam or other accessories should such modifications be needed for navigation. It would also place to a certain extent the discretion with the company instead of with the United States as to how much water Is necessary for boats. Such a con dition would probably be a constant source of complaint. "One method of determining the present value of the locks from a business stand point Is the capitalization of the earning power. In the case of the locks on the Monongahela River the average of the net earnings for a period of years was capitalized at 5 per cent to determine one estimate of their value. The annual cost of operation and maintenance of these locks for the past seven years and the gross earnings are stated In the letter of the Portland General Electric Company above referred to. For the past fivo years they are as follows, together with the net Income: Expense of nance. Income. Net profit. 1894 $3,447 6 $27,529 99 $24.S2 03 1895 .... 4.334 57 2S.518 11 24,163 64 1S95 4.155 87 25.36G 00 21,210 13 1897 5,749 39 32,479 93 26,730 59 1S9S 5,377 00 33,880 10 28,503 10 "These locks have deteriorated until the estimated cost to put them in repair Is $3S,S00, as shown above. These repairs are almost entirely for renewal of woodwork, such as revetment, dam, lock gates etc All woodwork In this region if exposed to the weather requires renewal, according to the experience of railroads and of the Government Itself on the jetty tramways, on the coast, about every eight or nine years. In moist places its life is even less. "Lock gates on these locks have been renewed once since original completion in 1873, making their average life about 12 years. An average of 10 years is assumed, therefore, as a fair one" for the length of time these repairs will last before re quiring a repetition of the work. For this reason the averago annual cost of main tenance should be Increased by $3880 or the average annual net income decreased by a like amount The average annual net profit for tolls for the past five years would therefore be $21,057 37, which, cap italized at 5 per cent, amounts to $421, 147 40, or. In round numbers. $421,000. "Upon Investigation, it was stated to the board that money may be borrowed now In Portland long loans and good security at from 5 to 6 per cent. The rato of 5 per cent Is considered, therefore, as a fair and moderate rate for this lo cality at the present time. From a busi ness standpoint, therefore., the value of the locks may be said to be $421,000. "Another method of obtaining their present value Is to deduct the cost of re pairs necessary to put them In as good condition as when first built from the cost of original construction, computed at present prices for labor and materials. As stated above, this fixes the present value at 5275.500. To this should be add ed, however, the cost for right of way, the amount of which Is about $33,0$), making Its present -value about $310,500. "Further, any price to be paid by the United States for the old locks and canal should not be In excess of what a new canal with new locks of equal capacity can be built for nt or near the same place. Assuming that the United States has re served the right of improvement of tho river for tho benefit of navigation, no water rights would have to be purchased and only construction and tight of way considered. As stated, the board esti mates that such new locks and canal can be built around the falls on the east sldo of the river at either of two locations for $439,000 and $456,000, respectively. This would secure for the United States all that would be obtained by the purchase of the old locks and would Insure new, better and more satisfactory work. This estimate ($456,000) Is therefore given as a limit of price which, in the opinion of the Board, should be paid for the old locks. Company's Proporttioji Rejected. "The board cannot recommend the, ac ceptance of tho offer of the Portland General Electric Company to sell the ca nal and locks to the United States for $1,200,000, as this price Is considered ex cessive. In the opinion of the Board, the public Interests to be benefited and the commerce, present and prospective, of the "Willamette River, -will not1 justify the United States in aemilrlnir nnlnn of the present canal and locks unless the total cost for construction, right of way, water rights, and land necessary, etc, in cluding separation of the canal from the water-power Intake, shall not exceed, ap proximately, $456,000. "If satisfactory terms, of transfer of the old canal and locks to the United States, Including land necessary, water rights, otc, cannot be obtained for this amount, it is recommended that the construction of a new system of locks and -canal be unaortaicen oy the General Government practically as Indicated in the plans sub mitted, at an estimated cost of $456,000. To the extent stated above, viz.. $455 000 the river at this point Is considered worthy of Improvement by the General Government. Before either tho present loclcs are acquired, or new ones built, tho exact legal rights of the United States to water for lockage purposes, and Incident thereto the right to control the waters to insure sufficient supply, should be deter mined beyond question by the Department of Justice.." The Electric Company's Offer. The Government's view of the locks question Is fully set out in the foregoing report of the engineers. The Portland Gen eral Electric Company's side of the case Is contained in the following letter from P. F. Morey, its president, to the en gineers: "We are unable to give you the original cost of the canal and locks, as we have no reliable data on that point. "We can give you the cost of operation and maintenance, including repairs, only for the time the property has been In the possession of the Portland General Electric Company that Is. for a period of seven years ending August 31, 1899: September, 1S92. to August, 1893....$ 3,873 79 September, 1894, to August. 1895.... 3,447 96 September, 1895. to August, 1896.... 4.354 57 I September, 1896. to August, 1897.... 4.155 87 oupiejiiuer, Jft3, 10 AUgUSt, IKS.... 5.749 39 September, 1S98, to August, 1899.... 5.377 00 Total $30,378 OS "We Inclose blue prints, showing pro posed plans of modifications contemplat ed, referring particularly to the extension of power-house and the concrete wall on river side of lock to neparate the locks canal from the power canal, thereby do ing away with the taking of -water from the canal for power purposes. "The leases to other parties of water rights and sites cover the right to use about 5000 horse-power of water and the use of the land on which factories are located. "Blue print No. 3. inclosed, and other maps heretofore furnished you, -will show our holdings, together with leased sites and all buildings, present and proposed. Indicated separately. "The tolls received for the past seven years that is, the full term of our owner ship have been as follows: September, 1892. to August, 1893.,.$ 18.885 (3 September, 1893. to August, 1894... 20,865 03 September, 1S94, to August, 1895... 27.529 S9 September, 1895. to August, 1896... 23.518 11 September, 1896. to Ausust. 1897... 25.366 00 September, 1897. to August. 1893... 32.479 98 September, 183S. to August, 1899... 33,880 10 Total $187,624 84 "The locks property formerly belonged to the Willamette Transportation & Locks Company, and the capitalization of that company was: Common stock, $1,000,000; bonds, $420,000; all Issued. This stock was exchanged for stock In the Portland Gen eral Electric Company, and the bonds were paid at maturity by the Portland General Electric Company. "We are not advised of the consideration in the transfer from the original company to the "Willamette Transportation & Locks Company. The consideration expressed in the deed from the Willamette Transporta tion & Locks Company was nominal, it being a stock transaction. "We will sell the canal and locks, with sufficient land lor buildings, storerooms, etc, required for Its operation, and with the right to take at all times the water necessary for the operation of the locks, for the sum of $1,200,000. "In this connection, it should be noted that the earnings of the locks have in creased steadily for the past seven years, and that the earnings for the year ending August 31, 1899, were almost double those for the year ending August 3L 1893. The not earnings for he last year were $23, 503 10, or practically 2 per cent on the price named. It Is onjv fair to assume that the tonnage through the locks will continue to Increase, and if the Increase Is In proportion to the past few years, there snould be within five years a. net revenue of about 4 per cent on tho valua tion. "This proposition would require the rat ification of the stockholders at a special meeting' called for that purpose, and also the consent of the Old Colony Trust.Com pany, of Boston." Steamers Jfot Properly Handled, The report contains much Information relative to the management of the lockH which was submitted to the engineers last fall but was not made public at the time. Captain A. J. Spong, of the steamer Pomona, wrote: "I'have been master of steamboats for eight years; the last four years I have been running through the locks at Ore gon City. The management of the locks has been something awful toward steam boats, and especially my company's boats. There Is no one there that has any au thority. Those mills do just as they please. A raft of logs Is just as good as a passenger steamer. I have been with in three minutes' run of the locks that Is, in sight and they run a raft of logs into the locks ahead of my boat and de lay me from 10 to 20 minutes. This Is not once in a while, but it occurs quite often. When tho W. P. & P. Co. gets their logs up from the Columbia River there is 30 dayB that their man takes possesion of the locks. They run the logs through, and a steamer Is a second ary consideration. The last lot of logs which they locked through I lost threo hours, 10, and 15, and 20 minutes at a time. In the past four years the Portland General Electric Company has been build ing their plant in the canal, and they had wood scows, rock scows, mud scows, der rick scows, and they have been afloat and sunk, and the boats got through when they got a chance and drag a sunken scow out of the way. I have done this moro than once. "At the head of the canal there are craggy rocks on the right and no protec tion from a boat's hull striking them. The steamar Hoag struck them last summer and sunk. They are now putting some boom logs at this point that I speak of, after 20 odd years without anything there. They could have done that years ago; it ia inexpensive and safe. The Or egon Railroad & Navigation Company boats handle the freight for those mills In the canal. They stop and discharge and keep other boats waiting. They will move to a narrow place in tho canal where you can not get past them and hold fivo and 10 minutes, then go on through ahead of you, lay in the locks anywhere and discharge or take on freight. Just a short time ago I waited 20 minutes with tho Pomona on one of the Oregon Rail road & Navigation Company boats. The fact of it is those mills run things there Just about to suit themselves. The worst of all Is when the water is low In the fall, those mills suck the water out from under your boat and let your boats set on those hroken rock In the bottom of the canal. I have set, time and again. 20 min utes at a time, and they would growl among themselves about whoso turn It was to Bhut down and give the water to the boat. There are numerous other things that I will not have time and space to mention. I will conclude by say ing that If there Is anything In the United States that had ought to be owned and managed by the Government It Is tho locks and canal at the falls of the Wil lamette at Oregon City." Government Ovgrht to Pnrchaic. Captain W. E". Inman, .of the steamer Elmore, wrote under date of August 1, 1S99: "I consider there are a good many rea sons why the General Government should acquire and operate the locks, and none why It shou-d not. Some of the reasons are the poor condition the locks have been kept In for the last two or three years; bolts and boltheads being allowed to pro trude, which tear the guards of steamers as they pass through. For the last three weeks there has been a raft of logs at the lower end of the locks, which pro trudo over the entrance to the locks so that it is necessary for boats In going in and out of the locks to rub against this raft, which scrapes the paint off and sometimes slivers the hull of your boat. "The company which owns the locks have leased the water right to the paper mills, which. Instead of taking water from a flume, are allowed to take their water from the canal, which for three or four months during low water of each year makes It Impossible for boats to get In or out the canal until the mills shut down (which they are very loth to do) and al low water enough to accumulate to float tho boat, and even then the current Is so swift m the canal, caused by the water wheels they still keep going, that naviga tion Is very unsafe, as witness the sink ing of the steamer Hoag in the canal last low water, for which the owners of the boat are now suing the lock company. For which reasons and innumerable other instances, which I consider the General Government would remedy, to say nothing of the benefit which would acquire to the many inhabitants of the Willamette Val ley by the reduction of 50 cents a ton on freight. In fact, I consider that the whole Willamette Valley would be the gainer by the acquisition of the locks and canal by the General Government." XaviKatlon Hindered. Captain J. L. Smith, of tho steamer City of Eugene, wrote: "I am decidedly in favor of the locks being under the control of the United States Government, for the following reasons: In the first place, the locks be long to the school fund of tho State of Oregon, the state furnishing $200,000 to build the locks, and for use of said money the locks were to revert to the state at the expiration of 26 years, but was swin dled out of the last copper; and, second ly, the locks are now used mainly for the benefit of private corporations, diverting the water from Its proper channel, to tho hindrance of navigation, and often to the damage and delay of boats in nassinsr through, especially during the low-water period, -when so much water Is taken from the canal for the use of the mills situated on the banks of the locks or canals that It Is Impossible for boats to get through until they see fit to shut down some of their gates; and, lastly. It Is a burden on all producers contiguous to the river, being tolled 50 cents per ton, which should be free, and. besides, the locks are sadly In need of repairs; nearly every part is rotten, ready to give way at any time during high water. Freight carried by boats run by me for the last 20 years average about from CO to 150 tons each round trip. CharKes Too Ilisrh. The Salem &. Pacific Coast Railway Company, which a year ago acquired the Lucklamute Valley & Western Railway properties, made this statement: "That It Is constructing a railway of 224 miles from Falls City, In section 21, T. S S., R. C W., to Salem, the capital of the state, and that its carrying trade will chiefly be logs and lumber for Portland and for prairie farms of the Willamette Valley from new regions of timbered country tributary to It for over 100 square miles of the finest, forest in Oregon. "That the City of Portland, now uses nearly a million feet of lumber per day, and is compelled, on account of scarcity of saw logs, to go farther back Into the Interior for same, and for that reason a contract has been offered to this railway company to carry 250,000 feet of saw logs per day for years, and dump the same into the Willamette River at Salem, and to be from there carried, down through the locks at Oregon City, to and delivered at Portland, at the sr.wmllls of Inman, Poulsen & Co., to be there manufactured Into lumber. "That, In addition thereto, lumber now manufactured at Falls City, the western terminus of this railway (only 33 miles from the Pacific Ocean by an easy grade), and wheat, oats, hops and agricultural produce will be carried to Salem on the Willamette River, and thence through the locks to Portland, Its chief shipping market. "That the lockage tolls now payable on snch products are as follows: Manufac tured lumber, 50 cents per 1000 feet; saw logs, 30 cents per 1000 feet; piling tim bers, 30 cents per linear 'foot; oak and fir cordwood, 23 cents per cord, of which there are many millions of feet growing on both sides of this company's line, suit able for Portland market, which cannot stand railroad transportation the long distance of 72 miles; wheat, 50 cents per ton. "That if the high tariff Of lockage rates is continued as now, the produce and tim ber lying along this company's railway and beyond Its present terminus cannot be de veloped, because, being heavy products and small products, they cannot stand a long transportation of 72 miles to Portland. There are 140 square miles of timber land tributary lo Falls City, besides the 224 miles of clear farming land and oak groves lying between the Willamette River and Falls City." What the O. R. & JT. Hns Paid. President Mohler, of the O. R. & N. Co., filed the following statement of lockage, wharfage and basin dues paid by his cor poration to the Portland General Elactrlc Company from July 3, 1S94, to June 30, 1899: ' Loekatre. Freight. Lumber. Passen- Livestock. Period - Tons. Feet. gers. Head. July, 1804, to Dec, 1S94, Inclusive.. 7,6684 S3.240 6.627 145 1895 19,672 46S.701 9.771 419 1S9G 22,2074 502.82S 9.270 285 1897 18,192 514,660 10.1864 261 1S9S 21,162 863.46S 10.547 CSl Jan., 1890, to June, 1S99, Inclusive. 9f200i 722,658 3.9C5 175 Total .03.103 3,095,553 50,337 1.C66 "Whnrlagre Freight. Lumber. Period Tons. Feet. July, 1S94, to December, 1694, Inclusive 10,81SS 73.747 1855 24.8304 3C3.3S7 1SS6 26.141 232.468 1897 2S,06S4 850.849 189S 39,093 1,009.397 January, 1899, to June, 1899, incluslvo 18,829 225,309 Total 147,803 2,755,157 Basin Dues. Freight. Period , Tons. July, 1894, to December, 1S94, Inclusive 3.5SS4 1895 6.63S4 1896 5,8054 1897 4.6S6 1898 - ... 6 924 January. 1S99, to June, 1899, incluslvo 1.261 Total 2S,9034 Total lockage, wharfage and basin dues. $110,277 53. nights of the United Stntcs. United States District Attorney John H. Hall gave the board this opinion as to the right of the United States to improve the Willamette River at Oregon City, either by the construction of a canal and locks or by blasting out the obstructions In the channel, and as to the liability, if any, the government would be to the riparian own ers and the owners of the locks already constructed: "Upon the accession of the Territory of Oregon to the United States, whether by discovery or whether acquired under the Louisiana purchase, the United States be came the owner of the soil and held the fee therein, which Included the lands In the beds of the navigable streams extend ing to high-water mark, not only in those streams where the tide ebbs and flows, but also to streams navigable in fact. The title to this class of property was held by tho United States as trustee for the future State when created. Therefore when the State of Orexron was admitted into tho Union In 1859, the legal title to said lands In the beds of streams, between the ordinary high or low-water mark, be come and was vested In the State, which the State might dispose of at will, subject, however, and subordinate to tho right of the. Congress of the United States to regu late the commerce thereon. This right has been construed by a high tribunal as to the right of Improving the channel of a stream by removing obstructions there from, and that adjacent riparian owners, although having acquired legal title to the land to the middlo of tho stream, can have or claim no damage from the United States that may accrue to them, by virtue of such improvement. "The case of Scranton vs. Wheeler, de cided by the Circuit Court of Appeals for the Sixth Circuit, reported in 57 Fed., page 803, is a case strictly In point. You would have no right or authority to appropriate or demolish the canal and locks that have boon already constructed there under au thority from the state without condemna tion proceedings. But the Government has a legal right to. construct other canals and locks, although It may Impair the usefulness of those already constructed, providing It constructs them over ground that Is either at all times covered by the flow of the water, or that lies below ordi nary high-water mark. Within these lim its the authority of the General Govern ment for purposes of commerce and navi gation Is supreme, and cannot be divested either by the state or by individual pro prietors, and damage that would arise would be ar Injury without a remedy. "The authorities upon this question are so numerous and elaborate that I will not at this time make any further citations, except to say that in the case o" Shlvely vs. Bowlby, reported on page 1, volume 152, United States Supreme Court reports, the matter is very exhaustively consid ered by Justice Gray, of the Supreme Court." Position, of the. Electric Company. Frederick V. Holman, general counsel of the Portland General. Electric Com pany, thus summarized the right of the company to the water in the Willamette River at Willamette Falls. "First That the Portland General Elec tric Company owns the land on each side of tho river at the falls, and a short dis tance on the oast side of the river below the falls, and also for a long distance on each side of the river above the falls. Below the falls it owns the land on the west sldo of the Willamette River, the side on which are situated the canal and locks, from the falls for a long distance down the river. Oregon City Is on the east side of the river and begins a short distance below the falls, adjoining the lands of tho Portland General Electric Company on the east side of the river. All these lands owned by the Portland General Electric Company were origi nally donation land claims, for which patents were Issue and from the original owners of which the Portland General Electric Company derived Its title by mesne conveyances. These lines extend to and follow the meander lines of the' river as originally surveyed by the United States surveyors. The Portland General Electric Company derived Its right to the water- flowing in the Willamette River and the use thereof from Its owner ship of the lands on each side of the river and above the falls and below the falls on the west side of the river to the mean der line of the river. "Considerable confusion has arisen In thp decisions In different parts of the United States from not understanding that all the states do not follow the com mon law. and that those states which do not follow the common law vary consider ably in their laws and decisions of the courts relating to water and riparian rights. In Hardin vs. Jordan. 140 U. S. 37L it Is held that grants by the United States of Its public lands bounded oh streams and other waters and made with out reservation or restriction ore to be construed as to their effect according to the law of the state In which the lands He. In consequence, the decisions of the Supreme Court of the United States are not In harmony except as applied to the state in which the question arose. In the case of the Grand Rapids and I. R. Co. vs. Butler. 159 U. S. 87, the Supreme Court held that -where the Government grants land on the bank of a fresh-water stream above where the tide ebbs and flows without reservation in states -where the common law prevails, that a grant of land bounded by the stream, whether navigable In fact or not, carried with It the bed of tho stream to the center of the thread thereof. "That the common law prevails in Ore gon in matters of this "kind has been de cided repeatedly by the Oregon Supremo Court. "In the great leading case of Shlvely vs. Bowlby, 152 U. S., 1. which case arose in the State of Oregon, at Astoria, where the tide ebbs and flows,' Justice Gray, In delivering the opinion of the United States Supreme Court, said: The settlers of Oregon, like the colonies of the At lantic States, coming from a country m which tho common law prevailed to one that had no organized government, took with them, as their birthright, the prin ciples of the common law, so far as suited to their condition In their new homes. The jurisprudence of Oregon, therefore. Is based on the common law.' But he held that as regards lands where tho tide ebbs and flows that the lands extend only to the high-water mark, the rule being different as to lands of that character and lands where they are on a navigable stream above the tide. "So tho Portland General Electric Com pany has exclusive right to tho water at. above and below the falls by reason of Its ownership of the lands on each side of the river, and therefore to the middlo of the thread of tho stream. "Second Should the United States Gov ernment desiro to build locks of its own Amount paid. $ 4,522 22 11.119 56 12.314 49 10.2S6 04 12.146 6S 5.39S94 $55,847 93 Amount paid. $ 2.717 20 6.296 72 C.623 16 7.357 69 10.316 17 6,766 75 $40,077 69 Amount paid. $ 1.693 40 3.318 S9 2.902 57 2.343 22 3,463 21 630 52 $14,351 91 on lands belonging to the Portland Gen eral Electric Company, it would be com pelled cither to purchase the lands or to condemn the same In -the courts. On the condemnation proceedings It would be compelled to pay not only what the land Is worth, but also what the right to use the water Is worth to the Portland Gen eral Electric Company as tho owner of the land and the water rights. "In the case of Yates vs. Milwaukee, 10 Wall., 77 U. S., 497. speaking of riparian rights. It Is said: 'This riparian right Is property, and It Is valuable, and though It must be enjoyed In due subjection to the rights of the public, it cannot be ar bitrarily or capriciously destroyed or im ! paired. It Is a right of -which, when once vested, the owner can only be deprived in accordance with established law, and. If necessary, that It be taken for the pub lic good, upon due compensation.' "In Lewis on Eminent Domain It Is said, section S4: 'According to principles here tofore laid down. It follows that any Inju ry to riparian rights for public use Is a taking for which compensation must be made.' In Lewis on Eminent Domain. It Is further said, section 85: Those states which hold the doctrine of the absolute title of the public to public waters of course deny any redress for injury to ri parian rights, for the reason that they do not recognize the existence of such rights.' "But this principle does not apply in Oregon, -where, as I have said, it has been held by the Supreme Court of Ore gon and the Supreme Court of the United States the principles of the common law do prevail, and that the Portland General Electric Company has a vested right in the flow of the water as appurtenant to its- ownership of the lands to low-water mark on the river. "Third There is nothing in the law granting a subsidy of $200,000 to the Wil lamette Falls Canal & Locks Company for the construction of the canal and locks at the Willamette Falls, or any other law In the State of Oregon which would com pel the Portland General Electric Com pany to operate said locks or canal If It did not choose to do so. The Portland General Electric Company could close the locks If it chose. Neither the State of Oregon nor the United States could com pel the operation of the canal and locks, any more than it could compel the opera tion of a railroad which did not agree to transport troops or mall or to compel any other public carrier to operate its road if it did not chooso to operate it at all. Of course, so long as the locks are op erated the state can exercise a supervis ion over the locks somewhat similar to the supervision the State may exercise over railroads when they are operated. This subsidy was merely a gift to the or iginal company to aid it to construct the locks, the locks being constructed on the land of the original company. The subsidy I was given out of the sale of lands given J by the United States Government to tho btaie or Oregon on its admission to the Union for Internal Improvements. The benefit which the state derived was the In direct benefit that boats could pass tho falls, which could not be done without the canal and locks." ANOTHERATHLETIC CARNIVAL Hall Adall "Will Meet McMillan and Cannon. The success of the carnival of sports at the Exposition building last Saturday evening has caused the same management to arrange for another and bigger event next Saturday night. At that time Hall Adali. "the Sultan's Lion," will attempt to throw D. A. McMillan, the champion fine-style wrestler, and Louis Cannon, the champion Graeco-Roman wrestler of America, four times In 90 minutes. Two of the bouts will be Graeco-Roman and two catch-as-catch-can. At the same time Hall Adall challenges 10 men to meet him on the mat, one after another, without a rest. The Turk's challenge to McMillan and Cannon is open to all the wrestlers of the world. If Adall falls to throw either of the other principals with in one hour he forfeits $1000, If he falls In half an hour he forfeits $500, and If he falls In 15 minutes he forfeits $250. Preliminary attractions will be given. a Domentlc and Forelprn Port. ASTORIA. March 18. Arrived Bark Gleaner, from San Francisco, for Knapp ton. Sailed Steamer W. H. Harrison, for Tillamook, at 9:40 A. M.; at 4:40 P. M., British steamer Strathgyle, for the Orient via San Diego. Left up at 9:40 A. M. British ship Poseidon. Condition of the bar at 5 P. M. Moderate; wind, north; weather, clear. New York, March 18. Arrived La Gas cogne. from Havre. Bremen. March 18. Arrived Munchen, from Baltimore. Cherbourg, March 18. Sailed New York, from Southampton, for New York. San Francisco. March 1$. Sailed Steam- er Empire, for Coos Bay; steamer Geo. W. Elder, for Portland. Queenstown. March 18. Sailed Bovic from Liverpool, for New York. Portland, Me., March IS. Arrived Vao couver, from Liverpool. DAILY METEOROrrOGICAIi REPORT. PORTLAND. March IS. S P. 31. Maximum temperature, G4; minimum temperature. 40; river reading at 11 A. M.. 7.S feeti change in last 24 hours. .0; total precipitation. 8 P. M. to 8 P. M.. 0; total precipitation from Sep tember 1, 1S. 29.44 Inches: normal precipita tion from September 1. 1SC0. 30.10; deflclencr, G.CO; total sunshine March 17, 1000, 6:53; pos fllblo sunshine. 12 01. WEATHER SYNOPSIS. No rain has fallen at any of the weather bureau stations reporting-. Fine, warm weath er has prevailed everywhere west of the Rocky Mountains. The temperaiare ban risen, locally, and also slizhtly at "Walla Walla. The lat ter is the warmest place In the country, at this report, the temperature being 72 degrees. The presmro is highest alons the Coast, and lowest ocr North Dakota. West to northwest Rlndo are blowing alony the Coast. WEATHER FORECASTS. Forecasts made at Portland for the 23 hours ending- midnight. Monday, March 10. 1000: Western Orcson and Western Washington Fair; winds northwesterly. Eastern Waehlngton and Northern Idaho Fair; westerly winds; cooler at Walla "Walla. Eastern Oregon and Southern Idaho Fair, cooler; northwest winds. Portland and vicinity Fair; westerly wlndu. G. X. SALISBURY. Section Director. CLASSIFIED AD. RATES "Rooms." "Rooms and Board." "Housekeep ing Rooms." "Situations "Wanted." 15 wor&j or less. 15 cents; 18 to 20 words, 20 cents: 21 to 23 words, 25 cents, etc No discount for additional insertions. UNDER ALL OTHER HEAD3 except "New Today," 30 cents for 15 words or less; 16 to 20 words, 0 cents; 21 to 25 words. 50 cents, etc. first Insertion. Each additional Insertion, one half; ao further discount under one month. "NEW TODAY" (gauge measure agate), 15 cents per line, flrst Insertion: 10 cenU per lit t for each additional !nerUon- AMUSEMEXTS. MARQUAM GRAND CALVIN HEIXJG. Mgr. Tuesday and "Wednesday evenings, March 20 and 21. BEAUTIFUL PRODUCTION OF A GREAT PLAY. A COLONIAL ROMANCE. "TOLL GATE rNN." "TOLL GATE INN." "TOLL GATE INN." A story of "Ye Olden Times." PRICES Lower floor (except last 3 rows), $1; last 3 rows; 75c; balcony, first 0 rows, 75c; bal cony, last 6 rows. 50c; gallery. 25c Seats now selling. CORDRAYS THEATER All week, with Saturday Matinee, commencing Sunday evening. March IS. the greatest of all Russian plays, DARKEST RUSSIA." DARKEST RUSSIA." Interpreted by Edwin C. Jepaon'a Excellent Company of Finished Players. A Stirring Drama. Elaborately Staged. A Story of ThriUlng Dramatic Intensity. Heart Itnerest and Clean. Bright Comedy. Prices 25c and 50c; lotre seats. 75c; box fteata. $1.00. AUCTlOJf SALES TODAY. At residence. 434 Larrace street, 10 A. M., by S. L. N. Gllman. auctioneer. At 201 Ruesell street, corner Vancouver ae nue. .Upper Alblna, at 10 A. M. J. T. "Wilson, auctioneer. MEETIXG NOTICES. GENERAL GERMAN AID SOCIETY. The members of the General German Aid Society are requested to meet at Arion Hall. cor. Sec ond and Oak. Tuesday. March 20. 1000, at 1 P. M., to attend the funeral of their late mem ber. Ferdinand A. Fischer. JOHN REISACHER, Prcs. C. BIRCHER. Sec HAWTHORNS LODGE. NO. Ill, A. F. &. A. M. Stated communica tion this (Monday) evening. E. A. degree. All Masons cordially Invited. By order "W. M. F. GLAFKE, JR.. Secretary. PORTLAND SOCIAL TURN VEREIN The members of. the above vsreln are requested to be at their hall at 1 o'clock, Tuesday, March 20. to attend 'the funeral of our late member, F. A. Fischer. DIES. JACKSON March 17. Mrs. Ann Jackson. 88 jears. mother of Mrs. P. M. Dekum and Albert Jackson, of this city. Funeral from residence. 185 13th St., at 10 A. M., Monday. Services at the grave, private; omit flowers. FISCHER In this city, March 17, 10O0. Ferdi nand A. Fischer, aged 52 years. Funeral, will take place Tuesday. March 20. at 2 P. M., from his late refldence. 114 East Third north, cor. East Gllsan. Frlenda are respect fully Invited to attend. HOLMAN At her residence, this city, 300 Market street, after a long illnes3. at 423 A. M., March IS. Honor Stephens Holman. wife of Robert Holman. Funeral will take place at 2 P. M. Tuewlay. the 20th Inst. Friends invited. Flint. Mich., and Brook lyn. N. Y., papers please copy. EDWARD HOLMAN. Undertaker. 4th and Yamhill sts. Reca Stlnaon, lady assistant. Both phones No. SO?. J. P. FINLEY & SON, Undertakers. Lady Assistant. S7S Third St. Tel. I). NETVV TODAY. $2000 TO LOAN ON "WEST SIDE. C PER cent: no brokerage. Address Loan, P. O. box 670. city. Mortgage Loans On Improved city property, at lowest rates. Title Guarantee & Trust Co., 7 Chamber of Com merce. Mortgage Loans On Improved city and farm property, at lowest current rates. Buildlbg loans. Installmea: loans. Macmaster St Blrrell. 311 Worcester slk. J. D. Wilcox & Co. GENERAL BROKERS. HAVE REMOVED TO 2024 STARK ST. "We buy and sell mines, tim ber lands, forest reserve scrip, real estate, stocks, bonds and mortgages. TH0S. SCOTT BROOKE REAL ESTATE LOANS ROOM 16 CONCORD BUILDING. . PARRISH & WATK1NS REAL ESTATE. LOAN AND INSURANCE AGENTS Have Moved to 250 ALDER STREET HOMES ON THE INSTALLMENT PLAN The undersigned Is prepared to build resi dences In Irving ton. the most popular suburb of Portland, and tall them at actual coot, with G per cent Interest, on the Installment plan, whereby the purchaser has to pay but a slight advance above the usual amount of rental charged for similar residences. C. H. PRESCOTT. 212-213 Chamber of Commerce. feo. SaKer&Co. ADMINISTRATOR'S SALE TOMORROW. TUESDAY. MARCH 20. AT 110 RUSSELL ST.. ALBINA (NER "M" CAR LINE). BY ORDER OF THE COUNTl COURT AND INSTRUCTED BY MR. E. T. TAGGART. THE ADMINISTRATOR. "WE SHALL SELL THE FURNISHINGS OF TWENTY-EIGHT-ROOM HOUSE, comprising: Upholstered parlor furniture; center tables; rockers; couches: bed loungra: lace curtalna; portieres; Brusils and ingrain carpets; rugs; matting; fine oak sideboard: extension tables; dining chairs; crockery; glassware; cutlery; dining-room clock; about 20 good bedroom set, all complete, with springs, mattresses, blankets, sheets, comforters and pillows; three quarter bedsteads: mantel beds; toilet sets; mirrors; shades; ftrst-clao cook stoves; heat ing stoves; kitchen cupbuard: household treas ure; leaf tables: refrigerator; cooking utensils, etc Most of the above goods were purchased new within the pa-rt. year. Everything clean and In good condition. On account of the numerous lots, sale will commence at 0:30 A. M. sharp. GEO. BAKER Ct CO., Auctioneers. $& mtctioii&ile XEW TODAY. SPECIAL FOR SATURDAT AND MOJ 2 doien fresh Oregon eggs Fancy creamery butter (none better). Lion or Columbia coffee. 2 packages J Best Valley flour, per sacK.... Burbank DOtatocs. per sack.... 10-lb. sack white or yellow commeai 2 lb. Costa Rica, conee S-lta. nackaite Gold Duet Try our Royal Mocha and Java cai per id..- FIELD. CAMPBELL CO.. Successors to Bergman' Cash Storl 37S-375 East Morrison. Both phi 10 POUNDS DRY GRANULATED SUGJ oats, 25c: C pounds clean rice, 23c; 21 ages cocee, :c: i: parages raucna. uozen uregon egs. a. ures' .aau Co.. 232 North 14th. FOR 3ALE STOCK OF GENERAL chnndlse in Columbia River town: Men In town. Address J 35, Oregonlc Wellington Coa!. Pacific Coast Company. Telephone, "Washington street. FOR SALE REAL ESTATES BARGAIN COLUMN SS0O House and lot in Sunnyslde. ll&OO Corner. 8-room house, large 10th and Pacific near new factory. $20cO 100x100. modern house. E. 21sl $2300 2 sightly lots and desirable Page st. and Gantenbeln ave. 1850 Modem T-room house. 60S E. j. iota and i-room house. N. E. and Couch. Corner and 8-room house. 6H E. Aider. 2 lots, running from E. 6th to E. 71 tween Morrison And Aider. Lot and 0 room cot tax. 147 E. 20th. SSxlOO and cottage. E. 18th and Belmc corner and 8-room bouse, 890 E. xai Lots in Dent's addition. Beacon and : kle sts.. $400 each. Slfthtlr lots. E. Elchth and Brooklyn. 3 lots and 2 store buildings. Union ai Sellwood ets. Sell separately. Lot and desirable nouse. 618 MIsslsslp; Lot and destrabl- rortaee. 544 Kerby. 50x100 and cottage, 511 Vancouver a Doue on San Rafael st., Alblna; no ing o per cent on price asked. Acre tracte riht In town. . The above Is a partial list of prooertle by a foreign mongage company. The! are low and the terms epsy. W. H. GRINDSTAFF. 240 $3256 LOTS IN ARBOR TJ-r)fT2. $MO-S lots In Columbia Heights, Jul ox i-jeamont. $7002 lots and cottage. S. E. tor. ard Mmneootaa.e- $1500 Large lot and neat modern cotl terminus Hawthorne car line. $100050x123 and 2 cottages. E. Ru now paying 10 rer cent. $10502 lots, cottage. 905 Mississippi I oov ixks wxioo. E. Ash. near 20th. $05050x100. 5-room ccttnre. 3flO E. ( $17002 lota and modern house. E. 2i near division. $20002 acres and half. "Wlberg's improvea ami very desirable. $900 Improved acre. Currv ave. $1)150 South-front lot. E. Oak. near 14 $1650 Quarter block. Holladay's add! sstw-a lota. E. 17th and "Weldler. $24003 Iota. E. 17th and Tillamook, ton. "Will Bell separately. $650 to SSOO Acre tracts rlcht In to-t minute car service. Opposite Piedmonfl Favorable- terms on any of the above. "W. II. GRINDSTAFF. 240 3 UUflU. i. S1D1-. UUlt J au ajoi on cevinin-3ireet jerrace brick foundation and furnace. $500 Hout and lot. Portland HeighH $2100 10x100. 6-room cottage. 7th si." $1600 Fractional lot and neat, strlctll em cottage on Hall st. $450 Lot near 25th and Thurman. $600 6-room house and fractional lcl 60x100. with a strictly first-class house. This property Is located 746 Jj jod am. iiouse is modern in every and was built at a cost of $5)0. Will low ana on favorable terms. $4500 Lot and house, 10th St., near 5oo Modern cottage. 701 Davis. SC500 2 lots. 23d. near Johnson. $2500100x100. with 2 small cottages,! cor. isth and lialelch. $2300 Comer lot. 24th St.. King's Bed $000 to $700 Lots In Doscher's North Portland. SS500 Wasnington-street business "Will pay 6 iwr cent on $10,000. $170050x100. Irving, between 23d antJ $i& "sxioo, is-room house, 4-w Jon 51CKXI Desirable quarter b'ock; Heights. $85050x100. Johwon. near 21ac. The large brick caotle on Seventh-si races will be old at a sacrifice, or exi for vacant property. $7500 Block facing N. P. railroad. 1J Wllacn. v arehouse property. COxlOO and cottage. 330 N. 10th. $2000 Lot and desirable house. 150 $2100 South-front lot. on Irving. Jul of 2Td. $2700 Corner and 2 cottages, 11th and ney. will sell separately. 50x100 and cottage. 800 Corbett. Corner and 0-room house. 840 First. 'Corner and 2 bouses. "Water and "Whit Comer and 2 houses. Corbett and Art! Three bouses and lots. Nebraska St.," era Portland; $ 50 each. 125x100 on Thurman. between 21st Desirable buys on Portland Heights. Favorable terms on any of the above. "W. H. GRINDSTAFF. 246 I $1000 BUYS A NEW 5-ROOM CC having bath, fireplace, large grounds,! lng on Improved street, in good Iocatial cam, balance in payments at B per teres t. $4500 buys a new modern 8-room res! with full lot. In fine part of the cltyi ent owner built it for his home, but state will sell. Third-street property By order of clcsc an estate. I am authorized to dwellings and grounds, hailng 70 feetj age on Third st- This property Is "clol and Is a bargain. Sixth-street property Fine corner J large, well-built modern residence; ai ble home and reasonable in price. $3000 buys a. fine modern resldencfj full Quarter block. In good location, on block from, car line. Best buy abc city of Portland at the price. $2000 buyi an Improved tract of 15 ai Johnson Creek: fronts on mam county and la being sold for amount of mol This Is A SNAP. Lots to build home on I have tr East Bun-ride st,. In Holladay's a Irvlngton and that choice suburb. Flc IF YOU INTEND BL ILDINU. come me about your selection of a lot or mar be able to sae lou money. If ou want to buy property, call Til K. H-iry. as you may save money dolnr. and If yen want to ell property. It wl you to list It with aus. K-. JiENl 273 Sta J A POSITIVE SACRIFICE CHEAPI ner lot. centrally --and well located East Side: price ow $000. See It, Cheapest home for the money Cor 7-room practically new nou. moder 12 blocks from the cast end of steel $2500. one-third cash, balance low Interest. Cottage of 0 rooms. large lot, near tion building. $2500. Large lot. two 0-room modem houses. rental, good location, near cars: will lea than the houtve can be built for onlv S3500. easy terms. The cheapest and choicest quarter bid Holladay's addition, from $1100 up. A 5-room cottage, small lot, on Ea St.. central, only $750. Cheapest and best buildings lots city for the money, on East Burnslde stj S650 each, on Installments. Special J ments to parties that will pay ca;l build. Investigate these lots before yJ elsewhere. F. w. TORQLa Room 100 Sherlc YOU CAN GET 100 feet square, with neat 5-rootn cl a barn, chicken-house, choice fruj shrubbery, on East Sixth street, one from woodlawn Station, for $750. Six lots on East Eighth street, with cottage. $000. An acre In Clackamas, all In frul echrubbery, beautiful cottage, for $5CJ 11 acres fronting on Clackamas Rlv house, good barn, choice fruit. $1100. 40 acres with good house. 20 ciea 00-acre farm, two miles Hlllsboro. R. H. Dunn. 149 FJr EAST SIDE HOME CORNER LOTl hcuse of 0 large, well-arranged rooms. modern, close In; desirable neighborho an opportunity to get an Inside her very little money. Easy terms, w. H. stall. 246 Stark. $S50 FOR A 5-ROOM COTTAGE AND at University Park, on OUn near Obei The house Is In first-class shape and well Improved: plenty of fruit. G. I Houten. 305 Chamber of Commerce. $250 Chicken ranch. 5-rocMi house. chickens, ducks, incubator, brooders. wagon, running: and well water; pan lease to Oct. 1; may be extended. A.i son, liiYi Madison st. NEW MODERN HOUSE. 10 MINUTES' from postofilee. $2650. at $20 per mont modern house, "Washington car line, $1 io per month. T 28. care Oregoniaa. TWO BARGAINS, "WEST SIDE RESII property, well located; 9-roora house. rooms ana 38X100. lot, $3800. "Ward & Co.. 272 Stark st. $2250 FOR 3 ACRES ON MOUNT TJ nisiinj, near cars, oeauuiui suuauuu fine home; will sell part. Hart Las iwjai i acenocK diocjc. "WATER FRONT. "WELL SITUATE! west side, for sale cheap. 4S0.000 wjum xi..uivrar iaciiiuesv Jr. . AsureJ .tiamuion building. NOB HTLL COTTAGE. 6 ROOMS. FINI lot. 427KA )uuit 1w AnnK Vinlnriee ' If desired; bargain. Address W 37, nlan.