Morning Oregonian. (Portland, Or.) 1861-1937, September 10, 1901, Page 10, Image 10

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County Has the Right to
Regulate. . .
Kelyins: on the Escannba Case, air.
Chamberlain Sayii the Oregon
Legislature nan Plenary Power
Over the River.
District Attorney Chamberlain is of the
opinion that the Stite of Oregon has
plenary powers over the Willamette
River, and that the Legislature, by im
plication, iias conferred on Multnomah
County the right to regulate the open
ing and closing of drawbridges in the
City. of Portland. In conformity with a
request from the County Court, which
body is considering the advisability of
keeping the draws closed at certain hours
of the day, ".so as to accommodate the
large, constantly increasing number d
pedestrians, bicyclists, teams and street
cars, Mr. Chamberlain yesterday handed
to Judge Cake, the following opinion:
Hon. W. M. Cake, County Judge, Uty
Dear Sir: I am in receipt of your favor
asking on behalf of the Board of County
Commissioners my opinion as to whether
or not the County Court has the authority
to keep the draws upon the bridges over
the Willamette River at Portland closed
at certain hours, for the purpose of ac
commodating travel upon the same.
"Though your request for my opinion
does not indicate precisely the ground you
desire me to cover. I assume that you de
sire to be advised:
First As to the police power of the state
-over navigable waters entirely within its boun
daries, and the authority of the Legislature
to Invest the County Court with authority to
regulate the use of bridges over the same, even
though such regulation may to a certain cx
ent place a temporary restriction upon ths
navigation of such rivers; and
Second If the state has any jurisdiction over
such waters, whether power has been conferred
by the Legislature upon the County Court to
exercise control over the bridges spanning the
Willamette River, -within the corporate limits
of the City of Portland.
I will answer the questions in the order
In which they are stated.
First The act of February 14, 1S59. ad
mitting Oregon into the Union provides
amongst other things that "all navigable
-waters of said state shall be common
highways, and forever free, as well to
the inhabitants of said state as to all
other, citizens of the United States, with
out any tax, duty, impost or toll there
ior." Objection to the construction of bridges
over navigable waters within the state
and the placing of obstructions therein or
thereon by authority of the Legislature
of the state, must be predicated either on
that portion of the act of 3859 quoted, or
else upon the commerce clause of the
Constitution of the United States, vesting
in the General Government the -exclusive
right to regulate interstate and foreign
commerce, -which right involves the con
trol of the waters of the United States
"which are navigable in fact so far as it
may be necessary to insure their free
navigation, when by themselves or their
connection with other waters they form
a continuous channel for commerce
among the states or with foreign coun
tries. Both questions have been .before the
Supreme Court of, the United States, as
well as before the courts of last resort
of some of the states, and whatever room
there may have formerly been for dif
ference of opinion on the subject, the doc
trine appears to be well settled against
the objections suggested. In 1878 the Leg
islature of Oregon passed an act author
izing the Portland Bridge Company or
its assigns to construct a bridge across
he Willamette between Portland and
East Portland. In 1SS0 the Willamette
Iron Bridge Company, as the assignee of
"the Portland Bridge Company, under the
authority of the act referred to began the
construction of what is now known as the
Morrison-street bridge.
In U5S1, Hatch & Lownsdale began a suit
in the Circuit Court of the United States
against the Willamette Iron Bridge Com
pany to enjoin said company from pro
ceeding further, and to compel the re
moval of piers already in place in the
xiver. It was claimed amongst other
things that the construction of such a
bridge interfered with the free use of
the river, as guaranteed by the act of
2S59; and, further, that inasmuch as Con
gress had established a port of entry at
Portland, requiring vessels which navi
gated the Willamette to be enrolled and
licensed, and had made appropriations
:for the improvement of the river, and had
in other ways asserted the power of the
United States to regalate commerce upon
said river, and to prevent obstructions to
the navigation of the same, the state had
no power to authorize the construction
of the bridge la question.
The Bridge Company justified Its action
Tinder the act of the Legislature referred
A trial was had, and a perpetual In
junction granted against the building or
the bridge, and a decree rendered for an
abatement of the portion already built.
The decision of the case was placed prin
cipally on the ground that the bridge
would be, and that the piers were, an
obstruction to the navigation of the
.river, contrary to that portion of the act
of 1S59, quoted above, admitting Oregon
Into the Union, and that without the con
sent of Congress, a state law was not
sufficient authority for the erection of
such a structure. See Hatch v. Willamette
Iron Bridge Company, 7 Sawyer, 127. The
defendant appealed, but the appeal was
not prosecuted, and after the decision of
the Supreme Court of the United
States in the case of the Escana
ba. Company. v. Chicago. 107 U. S., 678, the
defendant filed a bill of review for a re
versal of the decree. See Willamette Iron
Bridge Company v. Hatch, 125 U. S., 1. In
deciding the case on the bill of review,
Bradley, Judge, delivering the opinion of
the court, both the act of 1859 supra, and
the question raised as to the assumption
1 y Congress of the police power over the
Willamette River, in consequence of hav
ing expended money In Improving its navi
ratlon and of having made Portland a
Tort of entry, were ..scussed at length.
In. disposing of the question raised as to
the proper construction of the act of 1S59,
the oourt says:
It Is obx-lous that If the clause in question
does prohibit physical obstruction and impedi
ments In navigable waters, the State Legis
lature Rself, in a state where the clause is in
force, would not have the power to causp or
authorize such obstructions to be made with
out the consent of Congress. But it is well
settled that the Leglslaure of such states to
have the same power to authorize the erection
of bridges, .dams, etc in and upon the navl
geble waters wholly within their limits, as
have the original states. In reference to which
no such clause exists. It was so held in
Pound vs. Turck. 85 U. S., -459, in reference
to a dam in the Chippewa River, in Wisconsin:
In Cardwell vs. American Bridge Company,
111 TJ. S., 205, In reference to a bridge without
a draw, erected on the American River, in
Crlifornia, which prevented steamboats from
Co'.as above It: and in Hamilton vs. VIcksburg,
et. Railroad Company. 119 TJ. S.. 2S0, relat
ing to railroad bridges in Louisiana; in all
w. Ich cases the clause In question was in
fo-ce in the states where they arose, and in
none of them was said clause held to restrain
In any degree the full power of the state to
tnaie, or cause to be made, the erections re
ferred to, which must have been more or less
b. tractions and Impediments to the naviga
tion of the streams on which they were placed.
. . 'It seems clear, therefore, that, accord
,nr to the construction given by this court to
.he clause in ,thp act of Congress relied upon
x: the court below, it does not refer to phyt
.eal obstructions, but to political regulations
which would hamper the freedom of com
merce. It Is to be remembered that In Its original
form the clause embraced carrying places be
tween the rivers, as well a3 the rivers them
selves; and It cannot be supposed that those
carrying places were Intended to be always
kept up as such. No doubt that at the pres
ent time some of them are covered by popu
lous towns, or occupied In some other way In
compatible with their original use; and such
a diversion of their use, in the progress of so
ciety, cannot but have been contemplated.
What the people of the old states wished to
secure was; the free use of the. streams and
carrying places in the Northwest Territory, as
fully as It might be enjoyed by the Inhabitants
of that territory themselves, without any im
post or discriminating burden. The clause In
question cannot be regarded as establishing the
police power of he United States over th
rivers of Oregon, or as giving to the Federal
courts the right to. hear and determine, uc
cordlng to Federal law, every complaint that
may be made of an impediment in, or an en
croachment upon navigation of those riv
ers. We do not doubt that Congress, if it
saw fit, could thus assume the care of said
streams, in the interest of foreign and Inter
state commerce; we only say that. In our
opinion, it has not done so by the clause In
question. And, although, until Congress acts,
the states have the plenary power supposed,
yet, when Congress chooses to act. It Is not
concluded by anything" that the states, or ihat
individuals, by its authority or acquiescence,
have done, from assuming entire control of
the matter, and abating any erections that
may have been made, and preventing any oth
ers fiom being made, except in conformity
with such regulations as it may impose. It
Is for this reason, namely, the ultimate
(though yet unexerted) power of Congress over
the whole subject-matter, that the consent of
Congress Is so frequently asked to the erection
of bridges over navigable streams. It might
Itself give original authority for the predion
of such bridges when called for by the de
mands of interstate commerce by land; but in
many, perhaps the majority, of cases. Its as
sent only Is asked, and the primary authority
is sought at the hands of the state.
In discussing the question of the as
sumption by Congress of pouce power
over the Willamette River, by reason of
having expended moneys In Improving its
navigation, and In having made Portland
a port of entry, the court does not in
terms decide, but strongly Intimates, that
the expenditure of monye for Improve
ments is not necessarily an assumption
of such police regulation as would oust
the jurisdiction of the state. Congress, by
conferring the privilege of a port of entry
upon a town or city, does not come in
conflict with the police power of a state
bridging her own rfvers.
Though the case of the Willamette Iron
Bridge Company was commenced prior
to the case of Escanaba Company v. Chi
cago, 107 U. S., 678, It was not determined
by the Supreme Court of the United
States until long after the decision in the
later case was rendered, and the decision
Is based largely on the' doctrines laid
down therein. The case of Escanaba Com
pany v. Chicago, is determinative, it
seems to me; of the plenary authority of
the state over bridges across navigable
waters lying within the state, where
Congress has not acted under the com
merce clause of the Constitution. The
conditions there did not differ very ma
terially from those that would exist here
in case of an attempted regulation of the
draws of the bridges, as suggested by
your letter. There the Escanaba Com
pany was the owner of three steam ves
sels engaged In the carrying trade be
tween ports, and placed In different states
on Lake Michigan and the navigable wa
ters connecting with it. The vessels were
enrolled and licensed for the coasting
trade, and were principally employed In
carrying Iron ore from the port of Es
canaba, In Michigan, to the docks of the
Union Iron & Steel Company on the south
fork of the south branch of the Chicago
River in the City of Chicago. In their
course up the river and its south branch
and fork to the docks they were required
to pass through draws of several bridges
constructed over the stream by the City
of Chicago; and it was of obstructions
caused by closing of the draws,
under an ordinance of the city,
for a designated hour of the
morning and evening during week
days, and by a limitation of the time
to 10 minutes, during which a draw might
be left open for the passage of" a vessel,
and by some of the piers in the south
branch and fork, and the bridges resting
on them, that the corporation complained;
and to enjoin the city from closing the
draws for the morning and evening
hours designated and enforcing the 10 min
utes' limitation, and to compel the re
moval of the objectionable piers and
bridges, the suit was commenced.
The State of Illinois, within which the
river and its branches lay, vested in the
authorities of the city jurisdiction over
bridges within its limits, tnelr construc
tion, repair and use. and empowered them
to deepen, widen and change the channel
of the stream, and to make regulations
In regard to the times at which the
bridges should be kept open for the pas
sage of vessels. Acting upon the power
thus conferred, the authorities had en
deavorded to meet the wants of com
merce with other states, and the necessi
ties of the population of the city residing
or doing business in different sections.
For this purpose they had prescribed as
follows: "That between the hours of 6
and 7 o'clock in the morning, and 5:30
and 6:30 o'clock In the evening, Sunday
xcepted, it shall be unlawful to open
any bridge within the City of Chicago,"
and that "During the hours between 7
o'clock in the morning and 5:30 o'clock in
the evening, It shall be unlawful to keep
open any bridge within the City of Chi
cago for the purpose of permitting ves
sels or other craft to pass through the
same, for a longer period at any one time
than 10 minutes, at the expiration of
which period it shall be the duty of the
brldgetender or other person In
charge of the bridge to display the
proper signal, and immediately close the
same, and keep it closed for fully 10 min
utes for such persons, teams, or vehicles
as may be waiting to pass over, if so
much time shall be required; when the
said bridge shall again be opened (it
necessary for vessels to pass), for a like
period, and so on, alternately (If neces
sary), during the 'hours last aforesaid;
and in every instance where any such
bridge shall be open for the passage or
any vessel, vessels, or pther craft, and
closed before the expiration of 10 minutes
from the time of opening, said bridge
shall then, In every such case, remain
closed for fully 10 minutes, if necessary,
in order to allow all persons, teams and
vehicles In waiting to pass over sala
bridge." The first of these requirements
was called for to accommodate clerks,
apprentices, and laboring men seeking to
cross the bridges, at the hours named,
in going to and returning from their
places of labor. Any unusual delay in the
morning would derange their business for
the day, and subject them to a corre
sponding loss of wages. At the hours
specified there was three times so tn
record showed the usual number ot
pedestrians going and returning that there
was during other hours of the day. Tne
limitation of 10 minutes for the passage
of the draws by vessels seemed to be
eminently wise and proper for the protec
tion of the interests of all parties. Ten
minutes was ample time for any vessel
to pass the draw of a bridge, and the
allowance of more time would have sub
jected foot-passengers, teams, and
other vehicles, to great inconvenience
and delays. The complainant principally
objected to this 10 minutes' limitation,
and to the assignment of the morning
and evening hour "to pedestrians and ve
hicles. It insisted that the navigation of
the river and its branches should not
be thus delayed; and that the rights of
commerce by vessels were paramount to
the rights of commerce by any other
In disposing of the case, the court dis
posed of every objection that could possi
bly be urged to the regulation of the
bridges across the Willamette. They say,
with reference to the rights of individuals
of each class that:
Some concession must be made on every side
for the convenience and the harmonous pur
suit of different occupations. Independently of
any constitutional restrictions, nothing would
seem more just and reasonable, or better de
signed to meet the wants of the population of
an Immense city, consistent with the interests
of commerce, than the 10 minutes' rule, and
the assignment of the morning and evening
hours which the city ordinance has prescribed.
While conceding that the power vested
in the General Government to regulate
Interstate and foreign commerce involves
the control of waters of the United
States which arenavlgable in fact, so far
as It may be necessary to insure" their
free navigation, when by themselves or
their connection with other waters they
form a continuous channel for commerce
among the states or with foreign coun
tries, yet says the court:
The states have full power to regulate, with
in their limits, matters of Internal police. In
cluding in that general designation whatever
will promote the peace, comfort, convenience
and prosperity of thelr-people. This power em
braces the construction of roads, canals and
bridges, and the establishment of ferries, and
It can generally be exercised more wisely by
the states than by a distant authority. They
are the first to see the Importance of such
means of Internal communication, and are
more deeply concerned than others In their
wise management. Illinois' Is more Immediate
ly affected by the bridges over the Chicago
River and Its branches than any other state,
and Is more directly concerned for the pros
perity of the City of Chicago, for the conven
ience and comfort of Its inhabitants and the
growth of Its commerce. And nowhere. could
the power to control the bridges In that city,
their construction, form and strength, and the
size of their draws, and the manner and tlmfs
of using them, be better vested than with the
state or the authorities of the city upon whom
It has devolved that duty. When Its' power is
exercised so as to unnecessarily obstruct the
navigation of the river or its branches. Con
gress may Interfere and remove the obstruc
tion. If the power of the state and that of
the Federal Government come In conflict, the
latter must control, and the former yield. This
necessarily follows from the position given by
the Constitution to legislation In pursuance
of It, as the supreme law of the land. But
until Congress acts on the subject, the power
of the state over bridges across its navigable
streams is plenary. This doctrine has been
recognized from' the earliest period, and ap
proved In repeated cases, the most notable of
which are Wilson vs. The Black Bird Creek
Marsh Company, 2 Pet. 245, decided In 1829,
and Gllman vs. Philadelphia, 3 Wall., 713, de
cided In 1805.
The cases cited are approved by the
court and it is declared that the doctrine
of the decisions is in accordance with the
more general doctrine now firmly estab
lished, that the commercial power of Con
gress is exclusive of state authority
only when the subjects upon which it is
exercised are National in their character
and admit and require uniformity of reg
ulation affecting alike all the states.
Upon such subjects only that authority
can act which can speak for the whole
country. Its non-action is therefore a
declaration that they shall remain free
from all regulation. Citing Welton vs.
State of Missouri, 91 U. S. 275;County of
Mobile vs. Kimball, 102 U. S. 691.
"On the other hand," says the court,
"where the subjects on which the power
may be exercised are local In their na
ture or operation, or constitute mere aids
to commerce, the authority of the state
may be exerted for their regulation and
management until Congress interferes
and supersedes it. As said in the case
last cited: 'The uniformity of commercial
regulations which the grant to Congress
was designed to secure against conflict
ing state provisions, was necessarily in
tended only for cases where such uni
formity Is practicable. Where, from the
nature of the subject or the sphere of its
operation, the case is local and limited,
special regulation adapted to the imme
diate locality could only have been con
templated. State action upon such sub
jects can constitute no interference with
the commercial power of Congress, for
when that acts the state authority is su
perseded. Inaction of Congress upon
these subjects of a local nature or oper
ation, unlike its inaction upon matters
affecting all the states and requiring uni
formity of regulation, is not to bB taken
as a declaration that nothing shall be
done in respect to them, but is rather to
be deemed a declaration that for the
time being and until it sees fit to act they
may be regulated By state authority.'
Bridges over navigable streams, which
are entirely within the limits of a state,
are of the latter class. The local author
ity can better appreciate thlr necessity,
and can better direct the manner in
which they shall be used and regulated
than a government at a distance. It Is,
therefore, a matter of good sense and
practical wisdom to leave their, control
and management with the states, Con
gress having the power at all times to in
terfere and supersede their authority
whenever they act arbitrarily and to
the Injury of commerce."
The validity of an ordinance of the
City of Chicago in substance the same as
that Involved in the Escanaba case, was
sustained In the case of Chicago vs. Mc
Ginn, 51 111. 266.
So far as I have been able to discover,
Congress has not seen fit to legislate In
reference to the Willamette River. The
most that It has done has been to give
Its consent from time to time to the con
struction of bridges over it. One of these
acts was approved February 2, 1870, and
gave consent to the construction of a
bridge by a corporation from Portland to
the east bank of the river, not obstruct
ing, impairing or Injuriously modifying its
navigation and first submitting plans to
the Secretary of War; another authorized
Marion County, and another the City of
Albany to bridge said river; another
authorized the Oregon & California Rail
road Company alone or jointly with the
Oregon Central Railroad Company, to
build a railroad bridge ,, across the
river at Portland, and there are
some subsequent acts of the same
character. These were all special
In their nature and show no intent upon
the part of Congress to interfere with
the power of the state, or to assume con
trol of the river under the commerce
clause of the Constitution.
Section 7 of the act of September 19,
1900, provides "that It shall not bo lawful
hereafter to commence the construction
of any bridge, bridge-draw, etc., over or
in anj port. . . . harbor, navigable
river or navigable waters of the United
States under any act of the Legislative
Assembly of any state, until the location
and plan of such bridge or other works
have been submitted to and approved bv
the Secretary of War . . . provided
that this section shall not ... be so
construed as to authorize the construc
tion of any bridge, draw-bridge, bridge
piers . . . under 'An act of the legisla
ture of any state over or in any stream,
port, haven or harbor or other navigable
water not wholly within the limits of
such state.' " See Supplement Revised
Statute., Vol. 1, page SOL
This act, which Is general' in Its char
acter, clearly shows that Congress has
left the "regulation of these matters on
navigable waters wholly within the state,
to the tstates respectively, reserving only
to the Secretary of War the right of
approval of location and plans.
It follows, therefore, that the Legisla
ture of the state possesses plenary power
over the navigable waters which are en
tirely within its boundaries and may in
vest the County Court with authority to
reasonably regulate the use of bridges
constructed by its authority, even though
such regulation may to a certain extent
place a temporary restriction upon the
navigation of such rivers.
Second: The act of the Legislative As
sembly of the State of Oregon approved.
Feoruary 21, 1895 (Acts 1895, page 421)
under th? provisions of which the bridges
of the city were placed under the juris
diction and control of the County Court,
provides amongst other things that the
County Court shall have power and
authority "to make all needful rules and
regulations for the conduct, management
and uses of the same by said city, the
Inhabitants thereo'f, .and the public In
general," and further, "to do any other
acts or make" any other regulations
necessary for the" conduct of Its business
ad the due execution of the powers and
authority given by this act and not con
trary to law."
The power Is not expressly given to the
County Court to close the draws at con
venient seasons for theacommodation of
the people, as was done by the Legisla
ture of Illinois to the City of Chicago, but
It arises by necessary implication from
those powers which are granted.
I am therefore of the opinion that the
Legislature has conferred upon" . the
County Court the power to exercise con
trol over the bridges placed under its
jurisdiction by the act of 1S95 spanning
the Willamette River, and that said
court has the authority to keep the draws
upon the bridges over said river at Port
land closed at certain seasonable hours
for the purpose of accommodating travel
upon the same.
I desire in cdnclusion to say that 1
have not before me the lease in force be
tween the County Court and the railroad
company to the steel bridge, and It may
be- that the right of the County Court
may be restricted as to that bridge by the
terms of the contract.
' I have the honor to remain, yours re
District Attorney.
Disappearance of Thomas "Wilson
Unexplained Other Items.
GRESHAM, Or., sTpt. 9. Thomas Wil
son, a middle-aged man who came here
from Montana last Spring, has disap
peared mysteriously, and his whereabouts
is still unknown. He was working on
the farm of George Sleret during the
month of July, and up to about the 10th
of August. A few days before the latter
date he received J1200 from Montana, and
one morning he put on his coat and lett
without saying-anything about the wages
due him, or anything that would tend to
show where he was going or when he
would come back. He left his vest and
several other articles of clothing and has
not been heard from since. His coat was
found on the Base Line, near the nine
mile post, a few days after he went away,
and that Is all that is known of him since
he left. He was sober and industrious,
and fully able to take care of himself,
but his late employer thinks it strange
that he has not returned or sent for his
effects and the balance due him.
Flajr Station Wanted.
A petition has been sent to the O. R.
& N. Co.'s offices, signed by everyone
interested, asking that Falrview be made
a flag station, and that a 10-cent rate
be made for children who wish to attend
school In Portland. The trains rarely
stop, and the Portland-Chicago special
never stops. People who wish to travel
frequently have to go to Troutdale to get
aboard, which is very inconvenient. To
make the concession of low fares it would
be necessary to have some of the trains
stop when needed. It is understood that
the company will make arrangements to
give the place better service.
Moving the Trnclc.
The O. R. & N. track at Bridal Veil is
being moved to a new roadbed nearer the
river than formerly. The change will do
away with several curves, and give the
lumbering company more room for hand
ling the large number of cars being load
ed there every day. The mills are now
running to their fullest capacity, employ
ing 175 men, and have over two and a
half million feet of logs in the lake on
the mountain ready to be sawed up. More
room was required, hence the removal of
the main track of the railroad company.
Brief Notes.
Picking was begun in W. W. Cotton's
hopyards this morning. The yield prom
ises to be heavy. The pickers will be
nearly all women and, children who live
here. Mr. Cotton pays by the pound, 80
ccnts.for 100 pounds being the scale.
Owing to the Troutdale yards being full
qf ties the teamsters from -the sawmills
now in operation are hauling through this
place and unloading at Falrview. But
one trip a day can be made, but the road3
are good and heavy loads are hauled.
The public school at Falrview has open
ed with an enrollment of 26, with Pro
fessor W. M. Round In charge. The at
tendance will increase to 50 before the
end of October.
The new telephone line has been com
pleted to Orient, and is going on toward
the Sandy at a rapid rate. Over a dozen
'phones will be put in and connected with
the central station at this place.
Professor H. E. '"rson, the new prin
cipal of Gresham'a public school, has ar
rived here with his family from Salem.
Owing to the new building being not quite
ready the date for opening of the school
has not yet been fixed.
Today has been set for the hearing by
the District Board 'of the petition for
a new school district at Rockwood. Indi
cations are favorable for the establish
ment of the district.
All the roadhouse? doing business with
out a county license have closed their
doors and the proprietors of a few of these
are 'circulating petitions for licenses. It
is thought some of them will fail, and
one, at Powell's Valley, has closed up per
manently. Sweet Brier postofilce has been discon
tinued. The patrons fwlll receive their
mall from Terry, being served three times
a week by the driver of the Hurlburt
stage, who delivers along the road on.
written orders to the postmasters at those
A freight train of 32 cars broke Into
three sections at Falrview yesterday
morning, but no damage was done except
delaying the Chicago special for half an
hour. It was necessary to leave about
20 cars on the switch for lack of coup
lings to replace the broken ones.
Chester Smith, 13 years old, was thrown
from a horse at Montavilla Friday, strik
ing the porch of a store. He was in
sensible for several hours and is still In
a serious condition. He vomits blood,
which Indicates internal injuries.
Willlnm Hamilton Missed Six Months
of Jail Life.
When William Hamilton faced Acting
Judge McDevItt, yesterday, charged with
larceny of a valise. Deputy City Attor
ney Davis asked the defendant: "Have
you served out your other sentence for
larceny?" The defendant stated that he
had been sentenced last March to nine
months' Imprisonment in the County Jail,
for larceny, and that he had been released
July 18.
"This must be seen to," Insisted Mr.
Davis, "this man has not served out his
sentence. I do not believe In the Jailor
exercising the pardoning powers of this
county." Acting Judge McDevItt contin
ued the case.
In an interview with an Oregonian man,
Hamilton said that he understood that
a petition had been presented in his be
half, by friends who had Interested them
selves," but that no money had been paid.
District Attorney Chamberlain was told
about the matter, and he stated that he
had no distinct recollection of the case,
bu that probably Hamilton had been re
leased on parole, or had stated that he
had had a position offered him and wished
to leave town.
Spokane Industrial Fair.
The O. R. &. N. round-trip rate to Spo
kane on September 13 is only $3 50, which
Includes one admission to the fair. Limit
for return trip, September 17. Ticket of
fice Third and Washington.
5 acres, quite all In cultivation, G-room
house, stable, chicken yard, etc.; fine cement
ed cistern, orchard; 4 miles from Morrison
street bridse, 3 blocks from Mount Scott elec
tric line. One-half cash, balance time.
25,000 acres for sale, situated i on the waters
of the Nehalem. all within a radius of 15
miles of Vernonla. Actual buyers address
Campbell & Prlngle. at Vernonla, Or., or at
373 East Burnslde St., Portland.
Best creamery butter 5055c
Good creamery butter 45&50c
Dairy butter 4043c
Country butter 3035o
Carload best ham In the city. 14c lb.
Picnic ham llc lb.
Breakfast bacon 1215c lb.
Fresb ranch eggs 2 doz., 45c
Remember. Saturday Is chicken day. Chick
ens cheaper than ever.
are characteristic of our school. Individual or class Instruction. Our teaching de
velops self-reliant thinkers, who succeed in life as business men and women. Stead
ily gaining In public esteem for 35 years, our graduates find ready employment, as
bookkeepers and stenographers, throughout th Pacific Northwest. Students ad
mitted at any time. Send for catalogue, or call at the college. Park and Washington.
Board of Directors
THOROUGHNESS Is the keynote of the Holmes method. Each student
Is the object of special attention. To take earnest boys and girls and
make of them self-rellanC business men and women is the work the Holme3
School has been doing, with gratifying success, for fourteen years.
PORTLAND, Sept. 0. 8 P. M. Maximum
temperature, 72; minimum temporature, 45;
river reading at 11 A. M., 3.0 feet; change In
the past 24 hours, 0.3 foot; total precipitation,
5 P. M. to 5 P. M., 0.00; total precipitation
since Sept. 1, 1001, 0.22 inch; normal precipi
tation since Sept. 1, 1001, 0.34 inch; deficiency,
0.12 Inch; total sunshine Sept. 8, 0:48; possible
sunshine Sop. 8, 12:54.
P II "7
. .a o
2 M o
3 n-P o
o o C
: 33 :
Baker City ...
Red Bluff
Roaeburg .....
Sacramento ..
Salt Lake
San Francisco
Walla Walla .
G4 10.00
00 0.00 0
010.001 0
I Clear
No rain has fallen in the Rocky Mountain or
Pacific Coast States during the last 24 hours.
It la decidedly warmer In Eastern Oregon
and Eastern Washington, and also In the In
terior of Northern California.
Light frosts 'occurred Monday morning in
Eastern Oregon and Southwestern Idaho.
The Indications are for fair weather In this
district Tuesday.
Forecasts made at Portland for the 2S hours
ending at midnight Tuesday, Sept. 10:
Portland and vicinity Fair; northwesterly
Western Oregon and Western Washington
Fair; northwesterly winds.
Eastern Oregon and Southern Idaho Fair;
winds mostly northerly.
Eastern Washington and Northern Idaho
Partly cloudy and occasional threatening
weather; southerly winds.
EDWARD A. BEALS. Forecast Official.
big bushel apple-box size, only 00c box;
peaches, Crawfords, C3c box. Remember, this
Is the old stand where you get that nice,
fresh rpasted Java and Mocha coffee at 25c
per pound, sold elsewhere at 35c lb. Califor
nia Cash Market, 1S5 Third st. Phone Red
the finest assortment of domestic and Im
ported special selections of Fall and Winter
suitings, overcoatings and trouserings, and
offer to sell garments at suitable prices. J.
Reltzele, 350 Alder, near Park.
On farm, city or suburban property; low
rate of Interest; no commission; guaranteed
abstracts of title of real estate In Multnomah
and adjoining counties.
3 Chamber of Commerce.
On Portland real estate at lowest rates.
Titles Insured. Abstracts furnished.
Title Guarantee & Trust Co.
7 Chamber of Commerce.
On improved dry and farm property, at lowest
current rates. Building loans. Installment
loann. MacMaxtor UirrMI. all Worceiter bllr.
Sealed bids for the stock of pictures, art
goods, merchandise and fixtures of the Portland
Art Company. Portland, will be received by
the undersigned at the office of Bauer S.
Greene, attorneys-at-law. Chamber of Com
berce, on or before noon of September 12, 1001.
All bids must be accompanied by 10 per cent
ot the amount In cash or certified check, which
shall be forfeited In case the bidder falls to
comply with the terms of his bid. Right to
reject any or all bids reserved. For Inspection
of stock and Inventory, apply at store. No.
807 Washington street.
.LI. WHITE, Trustee.
ectricity in Your Home
Works wonders, and has become Invalu
able. It lights, cooks, calls your serv
ants, and keeps away the enterprising
burglar. Any of these appliances will be
arranged and fitted In your home by
skliled electricians. Hotels are fitted with
bells and Indicators, telephones, etc., at
bed-rock prices. We have everything in
the line of electrical supplies made.
G5c per box; the best cooking apples, G5c
box; good table butter. 4oc; lard. In bulk, 10s
lb. Oregon Cash Grocery, 232 N. 14th st.
The seat of the Columbia
University Is situated on the
high tableland between the
Willamette and Columbia rivers
and inside the city boundaries
of Portland. It has city water,
city schools, city telephone
service, electric street lights,
graded streets, sidewalks, boul
evards, cycle paths, and street
car service to any part of the
cily for a five-cent fare. It Is
high, sightly and healthful.
The owners of this property
have decided to sell one-half
of the lots for the purpose of
inducing homebuilders to lo
cate there. Improvements and
population bring values. The
reserve blocks will not be sold
till 1905 when we shall expect
to get $500 each for our cheap
est lots. While our reserve
lots are advancing, your lots
must also advance. The Lew
is and Clark Centennial Ex
position will surely be held at
University Park. Factoiies that
will give employment to thou
sands of people will soon be
built within easy walking dis
tance of University Park. The
better class of these people
will seek homes at University
Park. You can double your
money In a short time by In
vesting it In University Park
lots. Buy now before the ad
vance. Prices are from $100
to $225 per lot, one-tenth cash,
balance $5 per month. No in
terest on deferred payments.
No taxes. Abstract free with
every deed. Encourage your
sons to invest in this property.
It will teach them good habits
and they will learn to save what
they would otherwise squander.
Call on or address
Francis I. McKenna, Mgr.
Room 403, Marquam Bldg.,
"Rooms." "Rooms and Board." "Housekeep
ing Rooms." "Sltuatlona Wanted." 15 words or
less. 13 cents; 10 to 20 words. 20 cents; 21 to 25
words. 23 cents. t&. No discount, for addi
tional Insertions.
Today." 30 cents for 13 words cr leas; 10 to -'
words. 40 cents; 21 to 25 words. 30 cents. -first
Insertion. Each additional Insertion, one
half; no further discount under on month.
"NEW TODAY" (sauce measure agate), 13
cents per line, first insertion; 10 cents per !tn
for each additional insertion.
dressed care The Oregonian ard left at this of
fice, should always be lncionetl In, sealed envel
opes. No stamp Is required on such letter.
The Oregonian will not bo responsible for er
ror in advertisements taken through tho telephone.
CO Minstrel Stars. Two Superb BRd.
The best and most up-to-date orgtaatMt of
Its kind before the public.
Prices 25c. 50e. 75c. Seuta now setMmf.
Operatic Duettats.
A Coming Favorite.
Famous Horizontal Bar ExWEta
The Popular Artist.
Portland's Favortto.
NO. 1. Spelal meiJmr this
evening at 8 o'etacle. Watk m
4th, 5th aad 9th ilegr. By
ular meeting this (Tuesday) even
ing. Auditorium Hall. S o'elotk.
All members cordially iRVlWd.
c Ttoc-nini- meetintr this (Tuesday) eveHiwr at
S "o'clock. Business of importance.
S. GRUTZE. Scribe.
At Central Auction Rooms, cor. AMer ami
Park st-s. Sale at 10 A. M. Geo. BaKr Co..
At Gilman's salesroom. 41t Wahlntwi t-.
10 A. M. S. L. N. Gllman. auctioneer.
At 10 A. M., at 353 Stark st. J. T. "WItoon.
At 10 A. M.. at 134 FMlh ac, eor. Bwnpide.
J. T. Wilson. auctlnr-
CRAIG At hto home, a Lnt Sept." fll 01.
D. W. Craitr. aged 33 yijs; mrebj of
Mount Scott Cam?. No. 4T.. K. 0. T M.
Funeral notice later.
DITTMER September 0, Hery WBUam IHtt
mcr: born in Neumlnswr. Germany, mgett 'I
years. Funeral will tak place TuaUn
Sei-tember !u, at 2 o'clock 1. M.. front Hot
man's Funeral Parlors, corner Fourth a."l
Yamhill tre?U). Friend invited to attend
Interment .it Lone Fir C&mlery. Chft a i
papers please copy.
EDWARD nOLMAS. TJmlertalcem.-lth
snd Yamhill nta. Ilcmi SiIjinob. Ixtly
auslstaut. Roth piiune.t No. 5HT.
Finley, Klmlmll t Co.. Cndertakrr-t.
Lady naMlstnnt. -73 Tlilrd t. 'Vm, !.
F S. Dniinlnjc, 1'inh'rsnker. U- fcJt t
Alder. Lady nItmit. llotk tliH"
notice, that Highland Place, bur
known aa Huik'hCs Orchard, on Union .i
this side of the stores, tire engine hotu, ei..
Is now platted. These lota have large, ehou
bearing fruit trees, and every one of the
beautiful lots are going to be sold for $175
and up. Every investor, homeseeker or ayc
ulator. in fact, everybody. U crd tally in
vited to see this property. Do not dpue
the day of small things. True, our rlcea
are small, but this property ranks with the
very beat. It has all of the retuiits ft.r
healthful and beautiful home sites, among
which are ventilation, drainage and view
The Hlshland School, with the view it af
fords Its scholars, ought to produce some
great artists. ThN property Is . ue to lire
protection and plenty of water. It Is
In a choice neighborhood, and situated oniy
15 minutes from Third and Washington, sm
It la on Union-avenue car line; alo 2'j
blocks from Wllllams-avenue cars The. tltlj
is perfect; a general warranty deed given
and an abstract will be furnished every pur
chaser. For further particulars see E. J
Haight & Co.. 212 Ablngton building. Third
st., bstween Washington and Stark st.
quarter block. East 22d St.; eonventeRt .o
Ea3t Ankeny car line.
51300 Nice home In Highland Park; price
less than cost of Improvements.
$30u0 for one block; the finest vlw of Port
land. 32S0O The best bargain, near Mount Tabor
car line; modern cottage and large grounds.
We have bargain home sites on very eay
403 Chamber of Commerce.
S250 each 2 lots. Walte's Cloverdale.
$350 each I lots. Piedmont.
$300 each 3 lots. North Albina.
$250 each 1 lots. Riverside Add.
$200 each 1 lots. Park Add.
$100 each 1 lots. Good Morning.
$200 each i lots. Arbor Lodge.
$50 each t lots. 25x100, Peninsular Add.
$250 each 5 lots. Willamette.
H. G. SIBRAY, 408 Marquam.
Portland. $2000255 acres. 30 acres In culti
vation, buildings not very good, quite a por
tion of the land easy to put into cultivation,
lies rolling, soil excellent, especially fruit
and hops; well watered: one mile from rail
road. 20 miles from Portland, to Yamhill
County. Oregon. Cheap farm.
made last week. You can't help but buy
when you go to see this place. Just think of
It! Choice one-and-a-quarter-acre to 15-acro
lota at prices way down, right on river front
or on electric car line. R. 11. DUNN,
140& First or 100 Grand ave.
3cll you 5-acro tracts at $350 to $ifiO; easy
terms; only 1 miles from Irvlngton; 4 miles
from the center of Portland. Como quick;
they won't last long. Grlndstaff & Blain.
2iU Stark st.
17th and Columbia sta.; lot 1. block 4. Slees'
Addition. Mllwaukle St.; 100 beautiful lota in
Sellwood; easy terms. T. A. Wood, First and
Alder sts.
Side; large house and grounds, convenient;
sightly, pleasant, healthy; cheap; terma to
suit. J. J. Johnson, rooms 17 and 18, Hamil
ton "bldg.. 131 3d St., Portland.
IRVINGTON Beautiful building lot on 13th.
near Tillamook. ?55. "Lot on Tillamook.
near 10th. $GS5. All city Improvements. Sea
owner. C20 Marquam blk. Phone Grant Kll.
One 10 acres. 4 of It set to bearing prunes,
remainder in grass. Inquire at Clackamas
Station for John Mohr.
at Mount Tabor; modern 9-room hout. with
barn; elegant grounds; terms eay. C. H.
Thompson, 12S 3d st.
nlshed; ridge lot. 50x100. at CentrvMle. North
Beach. Apply 304 Jackson, cor. Park. Co
lumbia jdione 522.
between College and Jackson. Room 55u
Sherlock building, between 2 and 4 30 P. M.
pell. Several o-roora cottages; easy terma.
Money to loan. 612 Commercial building.
Gllsan St., near 23d; good value. Hart Land
Co.. 107 Sherlock buUdlns.
tavllla; beautiful grove; oar Hne. Call 700
Chamber of Commerce.