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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 9, 1906)
N 1 RE6U LftTE BUS Power to Condemn Under the Eminent Domain Pro vision Claimed. THREE FRANCHISES ISSUED Jfo Doubt That the State Legislature Has theKlght to Amend or Al ter the Perpetual - or . Other Provisions. In all probability, the City Council -will take steps at Us meeting January 37 to Inquire Into the present status of the franchise under which the Port land Gas Company is operating- This course was practically determined upon yesterday, and u vigorous effort will be made to bring the monopolistic career of the concern to a close. Several members of the municipal legislative body have indicated a de sire to probe the matter to the bottom, and City Attorney McNary last night acknowledged that similar suggestions had been made to him. He was not then prepared, however, to express any decided opinion concerning the legal phase of the situation. W. D. Fenton. resident chief counsel for the Southern Pacific Railway Com pany, yesterday expressed the belief that the city had not lost absolute con trol over the operations of the gas company, even though its franchise would seemingly give It a perpetual monopoly. Eminent Domain Prevails. "The Legislature reserved the right to 'alter, amend or repeal' their fran chise." said he. "and it is clearly set forth by the United States Supremo Court In the celebrated Dartmouth College case (4th Wharton), that wher ever this was done the doctrine of em inent domain prevailed. In that case Judge Storey said that If the Legisla ture wanted to modify the grant or impose new conditions or repeal ' the same. It was necessary for the original act to reserve that right to the Legis lature. Otherwise, the corporation "would be endowed with vested rights which could not be Impaired by any subsequent municipal regulation. "I do not think there Is any doubt the City Council Is clothed with au thority to determine the rights of the gas company, especially where it is so well defined that the Legislature did not part with absolute control when It granted the corporation a state fran chise." Councilman Masters, Vaughn and Shepherd, each of whom is an attorney, agree with Mr. Fenton that the clt'y has not lost the right of control over the gas company. City Attorney McNary admitted last night that there has been considerable discussion of late among the Council men relative to taking action against the gas company, and he thought it probable that it might assume definite shape In the body instructing him to commence condemnatory proceedings In accordance with the doctrine of eminent domain. In such an event It would carry with It compensation for whatever rights qf the company were Impaired or abridged. Council May Take Action. McNary stated further that he was not fully prepared to express any decided opinion In the matter, as he was desirous of consulting certain legal authorities be fore doing so. He thought.lt quite likely, however, that the Council would ask him to take steps in the matter, looking to a complete investigation of the situation. Councilman H. A. Beldlng was In favor of the Council sifting the matter to the "bottom. "I entertain no feelings of ani mosity towards the gas company." he .said, "but If it Is operating under an In valid franchise, I think we ought to look into It." School Director Herman Wittenberg waj emphatic In his opposition to any franchise or so-called legal form of monop'oly. "If the Portland Gag Company is proceeding under an exclusive right." he said last evening. "I think It ought to be brought up with a round turn. I have no particular complaints to make against the company, as It has generally treated me all right, but I do not believe In monopoly in any shape." Councilman Shepherd was of the opin ion the operations of the company should "be made the .subject of Inquiry by the proper municipal authorities, while Coun. cllman Wallace stated that he was not sufficiently familiar with the detail of the situation to Justify any opinion in the matter. How Others Stand. It Is known that Councilmen Kellahcr. Dunning and Rushlight are in sympathy with the movement to curtail the monopo listic tendencies of the corporation in any way possible and last night John Annand. president of the Council, who had just returned from a trip to Seattle, expressed the opinion that if there was any way of reaching the cornoratfon n as to regulate the "price as well as the quality of its goods he was very much in favor of It, He likewise thought the gas company should be compelled to pav the city something for its right to op'crate iicre. "i am in tavor or the people get ting compensation for every franchise.' said Mr. Annand. "and no excrntlnrm should be made In the case of the gas company If we can nosslblv reach It." Mr. Annand stated further that while he had not used gas for some time, he had heard a great deal concerning the in fcrior aualitv of the article tured by the local concern and was of the opinion there ought to be some way of regulating it. Consumer Pays for Meter. The $5 denosit eraft of thn rta c-nm pany is the price of the meter to the company; therefore the company is doing business on the people's money. The list price of the meter that is used In dwell ings, as quoted by the American Meter uumpany oi lore, iruuaaeipnia and ' Chieaeo. Is $7.50. but from this rHo tv Gas Company gets a discount of at least SO per cent, making the cost of the meter noi more man n.w. The renuirement. bv th Cinn C.nmnanv of a deposit of $5. compels the consumer to advance the money for the company, or. In other words. Is a reimbursement to the company of funds invested by it In meters. Has Three Franchises. The hold of the gas graft on Portland Is secured by three franchises, as follows: First One granted by the Territorial Legislature of 1S59 to H. D. Green, con ferring on him or his successors, "The exclusive right and use to lay and extend gas pipes and apparatus for the convey ance of gas through the said City of Portland . . . and beyond the limits of said city as now incorporated and throughout the additions that may be made to the said city." Second One granted by the State Legis lature In 1S74 to A1 Ziehen, or his suc cessors, now the Gas Company, this franchise being the same as that granted to Greo, except that "the exclusive xl&ht to lay gas pipes" was omitted, and -being evidently intended only to secure the company against any doubt as to the validity of the territorial franchise. This later franchise conferred the right "to lay gas pipes and jextend the service -of gas, throughout the present and future corporate limits of said city." Its Third Franchise. Third-One granted bv the City Council of Portland in 1893. on the East Side, this franchise being Intended to make secure the privileges of the company in the East Side part of the city that had just been consolidated with the West Side. It will be seen that the gas graft holds an exclusive monopoly not only in the original West Side area, but also "throughout the addltlono" that "have been made to the said city" since 1859, under the territorial act of that year. which has not yet been repealed; that this franchise was confirmed by a later en actment of the Legislature. In 1S74. grant ing a gas franchise to Zleber. who as signed it to the company, though the ex clusive monopoly was omitted, for the reason that the territorial franchise of 1859 was still In existence; that the East Side monopoly was still further confirmed by the City" Council in 1893; that the city authoritlcs, under existing franchises, cannot regulate gas rates nor compel tne gas graft to compensate the public for the use of the streets. Ilcsts AVlth Legislature. The act of 1674. like that of 1859. declares "that the Legislative Assembly of this state shall have power to alter." amend or repeal this act. whenever it shall sat isfactorily appear that the said Al Zlcber, his heirs, executors, administrators or as signs, have violated any of the provisions of this act." The act of 1859 and the East Side grant of 1893 were published in last Saturday's Orogoiiian. The Legislative act of 1874 follows: The Legislative Permission. An art to authorize Al. Zlcbfr to establish a sat manufactory In the City of Portland, luitnomah Conaty. Oregon. Be It enacted by the Legislative Assem bly of the State of Oregon: Action 1. That Al. Zleber. a citizen of Multnomah County, State of Oregon, his heir!, administrator, executors or assigns, be and are hereby authorized and empowered to commence within 21 month after thta act becomes law. and within the corporate limits of the City of Portland. State t Ore gon, the erection and establishment of a manufactory of gac. with all the necessary buildings, apparatus, machinery and fixture. and, under the direction of the proper au thorities of said city, to lay gas pipes and extend the service of gaa throughout the present and future corporate limits of said city. Said gas manufactory shall be located on a suitable site, to be selected by said Zleber. his executors, administrators or as signs. In connection with the corporate au thorities of said city, and vhene-er, on ac count of the growth of the city, the site at first or at any time fixed upon shall be' de cided by said city authorities improper or unsuitable. H shall be competent for them to order a removal of the same, at the rx peme of said Zleber. his heirs, executors, ad ministrators or assigns. Sec. -2. That the said -Al. Zleber, BW heirs, executors, administrators or asMgns, shall have the right to lay and extend gas pipes and apparatus for the conveyance of gas throughout the present and future cor porate limits of said City of Portland, and he or they shall, with as little delay as pos sible, repair all damage done to the streets, alleys and public places thereof, and leave them In an good condition as they were pre vious to the laying of Mild plpos and ap. paratus. ec. 3. That the said Al. Zleber, his heirs. executors, administrators or assigns, after the erection of the gas manufactory and the laying of the pipes and apparatus, as herein provided, shall provide with gas all the lamps and burners provided and maintained by the City of Portland, or the corporate authorities thereof, for lighting the streets, public buildings and places at a fixed rate or price to be agreed upon by the parties from time to time. Sec. 4. That the ald AL Zleber. liU heirs. executors, administrators or assigns, shall furnish and supply gas to other persons, t-o-cletles or companies, upon such terms and conditions as may be agreed upon between them. Sec. Ti. That the legislative Assembly of this state shall have power to alter, amend or repeal this act whenever It Khali satisfac torily appear that the said Al. Zleber, bis heirs, executors, administrators or assigns have violated any f the provisions of this act. Approved October 2C. 1M4. IRRIGATION THE THEME Discussion Will Take Place Under Board of Trade Auspices. At a meeting held at the Board of Trade rooms last evening the new ir rigation committee of that body, com posed of W. II. Moore, "W. W. Cotton, McKinlcy Mitchell, M. Mortensen and Phil Metschan. organized by electing Mr. Metschan chairman, and then pro ceeded to prepare the programme for the first fortnightly meeting of the board, at whlcn irrigation will be the special topic for consideration. Eco nomic questions of vital Interest to the business community of Portland will be discussed at. these mcotlngs. which will be held every two weeks on Tuesday nights. For the first of these meetings, Jan uary 16, the irrigation committee last evening rosolved to secure as one of the speakers H. L. Holgatc, who Is connected with the United States Rec lamation Service at North Yakima, and who worked on the Klamath Irriga tion project, The Carey irrigation act. for the amendment of which there is now considerable agitation, " will be dis cussed on its merits by J. J. Hutchin son and E. V. Allen. A. C. Black, of Eugene, will be asked to speak on "Private and Asso ciated Irrigation Projects." TV. TV. Cotton, of the law department of the Oregon Railroad & Navigation Com pany, will talk on "Vested Rights." A. H. Devers will be asked to pre sent the subject. "The 'Interest of Portland's Business Men In Irrlga tion." Inasmuch as it is expected that the attendance will be too large for the Board of Trade rooms, tho secretary was Instructed to engage a hall suit able for the meeting. File Incorporation. Papers. Articles of incorporation of the Portland Stone Brick Manufacturing Company were filed in the County Clerk's office yesterday by M. B. McFauL Thomas K. Mulr and F. King; capital stock. $75,000. The objects are to manufacture sand, lime brick under the Schwarz scientific system, etc Incorporation articles have been filed of the Interior Development Company by ,J. R. Thompson. T. A. Newell and John Madden: capital stock. $10,000. The ob jects announced are to build and operate canals, ditches, flumes, etc. Supplemental articles of Incorporation of Inman, Paulsen & Co. have been filed by R. D. Inroan, president, and H. M. Cake, secretary, increasing the capital stock from $80,000 to $600,000. Will Ask High School Bids. The School Board last nfght decided to advertise for proposals for the construc tion of the assembly hall and lower floor of the East Side High School. The bids will be opened January 39, and the award prqbably made at the meeting of the board on the Monday evening following. Stubborn Cetighs. A cough which lingers on long after every other symptom of a cold has disap peared should have attention, as it indi cates some throat or lung trouble, and may result seriously. Mr. Alexander Mc Millan, of Maple Ridge, Mich., recom mends Chamberlain's Cough Remedy for this trouble. He says: "I used this rem edy for a stubborn cough with the best results, and think t be re -Is nothing Hko It. I cannot speak too kljcklv I It." jrr sale fey all druSfilsUk "Willamette" Sewing Machines 15 Models $15 Up to $35 Ea. 10 Years' Gnarantec Trunks and Traveling Bags TR Largest and Best Selected Stock on the Coast 3d Floor The Meier (& Frank Store Clearance Sale Women's Raincoats Oar entire stock of Women's, Raincoats on sale at exceptionally low clearance prices This season's best styles or full length English box effects, plaited and tight-fitting styles A garment every woman finds much use for Tans, Oxfords, olives, black and green The largest variety to be found in the city for your choosing $12.00 Raincoats $ 7.85 $10 Raincoats at $ 6.65 $14 Raincoats at $ 9.25 $20 Raincoats at $12.85 $25 Raincoats at $17.25 $30 Raincoats at $20.45 $16.50 Raincoats $10.85 $22.50 Raincoats $15.25 $28.00 Raincoats $19.25 $42.00 Raincoats $29.85 Men's Cravenette Raincoats "Priestley's" Guaranteed rainproof materials; all grades; best styles; all sizes: Men's $ 12.50 Rainc't $9.65 ! $20.00 Raincoats $14.69 Men's $ 15 Raincoats $10.85 jj $25.00 Raincoats $18.85 Men's $ 1 8 Raincoats $14. 1 5 ; $27.50 Raincoats $21.85 "Women's .lacket Suits; the very newest and most approved styles in cheviots, serges, broadcloths and mixtures; fancy braid and gimp trimmed; all the latest shades; wonderful values at: $16.50 Suits for $11.55 !' $22.50 Suits for $16.85 ! $28.00 Suits for $19.60 $30.00 Suits for $2 1 .00 $27.00 Suits for $18.90 j Clearance of Suits to $10O All "Walking and Dress Skirts at low clearance sale prices. All livening Costumes and Wraps at greatly reduced prices. All Waists, Petticoats, Wrappers and Kimonos at clearance sale prices. The Meier & Frank Store New Wash Silks at 25c Yard Great special clearance sale of 2000 yards beautiful new Wash Silks in a big assort- yymy M(.tL ment of crood natterns and colorinirs: de sirable silks for Summer Waists and Suits Grand value at the low price ei of. nrrr vard Jv - rj g ............. Great clearance sale of 1300 yards a r- ninon taireia cjiiks in spienuiu shades; best $1.00 quality; being sold at the special price r 5 of, per yard jJ 1000 yards of fancy Moire Silks; very pretty effects for Waists and Shirtwaist Suits; regular $1.50 value being, y closed out at, per yard OOC 32 Clearance Sale of Boys' Clothing Boys all wool 2-pieee Suits in good, serviceable rt 9q mixtures- 2 pairs pants; regular $5.00 values . .. pOt " Boys' all wool 2-picce double-breasted Suits; ages J) to 16 years; very best styles; regular $5.00 values stZ for j pO.J? Special lot of Boys' Reefers: $4.50, $5.00, $6.00 values. 2.98 Boys' all tvooI 2-piece Suits: double-breasted Jacket: dark, serviceable mixtures: ages i) to 16 vears; $3.75 val.. $2.49 Boys' all wool Norfolk Suits; .$4.00, $4.50 values. .. .$2.98 Entire stock of Little Boys' Overcoats at low prices: $3.00 values $1.98! $4.30 values $3.65 $6.00 values $4.85 ! $7.50 values S6.20 $3.50 values $2.40 ( $5.00 values $3.95 $6.50 values $5.15 l $8.50 values $7.10 January number of "American Boy" now ready-. 2d Floor. Men's "Monarch" Shirts 69c MenVCluett" Shirts $ 1 .05 69c The celebrated "Monarch" Shirts for men; stiff, pleated and plain bosoms: attached or 'detached cuffs; all new, up-to-date patterns m great variety; all sizes inu sleeve lengths; value extraordinary at, each Men's high-grade "C'luett": stiff, soft and pleated bosoms all the very latest patterns: best $1.50 shirt money n i can buy your 'choice of all colored "Cluetts" at. VU All our "Manhattan" Shirts at clearance sale prices. Men's extra quality heavy fleeced Underwear, Shirts and drawers; well made and finished; all six.es; won derful value at this low price Another great, special lot of Men's Four-in-IIand Ties; made reversible; light and dark patterns in great variety; y e 25c values at 2 for 8VJC Men's Lisle and Web Suspenders; made with re- 1 q inforced kid ends; regular 25c and 35c values, for... Men's 25c and 35c fancy llalf-Ilose: per pair 17 38c Clearance Sale of Couch Covers Heavy double-faced Tapestry Couch Covers; around; .Oriental patterns. Third Floor. fringed all $3.00 Values at $4.50 Values at $2.40 $3.60 $5.00 Values at $4.00 Ea. $7.50 Values at $6.00 Ea. Values Up to $35.00 at Clearance Sale Prices All our Portieres at low clearance sale prices. All our Lace Curtains at clearance sale prices. All Curtain and Uphostery Materials at clearance prices. A Great January Clearance Sale of Laces THE BEST BARGAINS PORTLAND WOMEN EVER SHARED IN Clean, fresh stock of dainty Laces and Embroideries at lowest prices ever known There's been no frenzied buying here In stead , complete assortment of just the merchandise you want is to be found for your choosing at prices below what other stores ask you to pay for mistakes of over-enthusiastic buyers 85c EMBROIDERIES 25c Swiss, nainsook and cambric edgings I and insertions, 5 to IS inches wide, I very prettiest desums; values up to I Soc yard for, yard ....25 I Swiss, nainsook and cambric edgings and insertions, 3 to 15 inches Avide; values up to 60c a yard on sale at this low price, yard 19 All our fine sets on sale at low clearance sale prices. Corset cover embroideries at very low clearance sale prices. GREAT LACE SPECIALS Special lots o white, cream, ecru and black lace appliques and bands, best styles and grades ;great bargains. Values up to $ .45, 9c yard Values up to $ .85, 19c yard Values up to $ 1 .00, 29c yard 30c Point de Paris Lace 10c yd. White dotted net in the best -styles: $1.50 quality on sale tor, yd. 59d Fancv tucked black chiffon; values up" to $2.00 yard for, yard 29 $2.00 EMBROIDERIES FOR 89c YARD A I lover Swiss eyelet cnnVoidery for shirtwaists, handsome styles in pood assortment; ft-Qf values up to $2.00 yard, for, yard Magnificent allover Swiss embroidery, beautiful de signs: values up to irii.OO a yard on T QA sale at the low price of, yard P 15-mch Swiss flouncing; $1.50 value, yard 69d Allover rold embroidered chiffon; $5 andfi 1 CJCk $6 val. on sale at this low price, yd...P Entire stock of laces at clearance prices. BEAUTIFUL LACE ROBES REDUCED Black spangled robes at ridiculously low prices: our entire stock is included. $15 Robes $6.98 -$45.00 Robes $22.00 $30.00 Black Sp angled Robes for $ 18.00 $11 Wh!teRet Robes on Sale for $7.50 Beautiful white and cream Lime Kobcs;; regular $20.00 values on sale for, cadi... $11.00 New Spring and Summer line of batiste embroidered robes on sale at clearance prices: $10.50 values $12.75 $20.00 values $14.75 Great Purchase of Women's Hats Marvelous Values at 98c Each Two months ago we purchased this sp ecial lot of Women's Hats from a leading New York manufacturer A careless shipping clerk sent them to Portland, Maine The delay in transit costs the manufacturer half their their cost It's an ill wind that doesn't blow some good The lot comprises 400 women's spangled jet hate, Paroxoline braid hats and hair braid hats in Napoleons, Colonials and turbans--Splendid midseason headgear values $3 each Your choice while they last at the wonderfully (jn low price of, each 70C See Fifth-Street Window Display Entire Stock of Women's, Misses and Children's Headgear at Clearance Sale Prices Handsome $50 Steel Range on Sale for $39.25 Each $39.25 "Peninsular" Planished Steel Range; tljQ highest grade Range monev can buv; no paint to burn off; full asbestos-lined; steel-head rivets; ventilated firebox- for coal or wood; venti lated oven; steel overrack; handsome nickel trimminsr Fifty per cent more heating and cooking capacity than any other make; fully guaranteed-in every particular; $50.00 value for Steel Ranges from $27.50 to $50.00 ; all at special prices. "Peninsular" Wood Heaters; planished steel body; cast top and bottom; swing top and swing front door; ( nickel trimmed; best $9.50 model on sale for.. V The "Block" Gas Heater for bath-rooms and bed- rooms; adjusts over the tip; wonderful little heater. .-?v CLEARANCE SALE OF CARPETS AND MATTINGS 10,030 yards of "Windsor Brussels Carpets: a variety of 20 patterns In the leading colors and com binations; regular 51.23 value; .sewed, laid and lined g. fn at low price, yd Hpi.VJ- 15,000 yards of Melrose Ingrain Carpets, 12 patterns; neat floral designs, in splendid colorings; 65c values; sewed, laid- AAr and lined, at, yd rrC Axmfnster Carpets. Velvet Car pets. Wilton Carpets, Tapestry Carpets, Brussels, etc, all at re duced prices. 20 patterns of new Body Brussels Carpets; very best designs and A colors; sewed, laid and lined; -wonderful values at A1 16,000 yards of Linen "Warp Mat tings, carpet designs, assortment of colors, rcg. 25c and 2Sc value, on sale for, yard 18c Axmmster Rugs $3.00 VALUES AT $ 1 .87 Great clearance sale of 1000 Ax minster Rugs, floral and Oriental designs. handsome colorings; every tug In the lot regular $3.00 value; " your choice at 81.S7 AH Hugs and Art Squares at Ion clearance prices. A Clearance Sale of Wash Goods SO handsome -white Persian Lawn Waists: embroidered; splendid qq styles; $1.50 values on sale for "OC 90 pieces of fancy Japanese Kimono Crepes, in beautiful pat terns and colors; great values for this sale at, yard 40 pieces fine silk warp printed Dress Crepes: the best 50c val ues on sale at this exceptionally low price, per yard 30 pieces fine printed Dress Nets; 50c to 7oc values, yard 2He 30 pieces heavy mixed cotton Suitings; 2jc values, yard He All grades of Ginghaihs and Percales at clearance prices. .All White Good. Lawns, Xalnsooks, etc, at clearance prices. 21c 25c $2.50 to $4 Shoes at $ 1 .48 400 pairs of -women's Shoes; broken lines of well-known makes; patent leather, vici kid and box calf; heavy or light soles; lace and button styles; nearly all sires; val. to S4, at S1.48 Women's fancy leather strap Slippers ;N patent leather and kid; $2.00, $2.50 values for 98 p Three styles of -women's patent leather and kid strap Slippers; all sizes; great values at, pair $1.48 Women's fancy party Slippers, in patent leather and kid ; plain or beaded, hand sewed; $5.00 values for, pair S2.50 Broken lines of women's fine Shoes, in patent . leather, vici kid and velour calf, turns and welts, heavy and light soles, French, Cuban and military heels; $3.00, $3.50, $4.00, $5.00, $6.00 values for, pair ; $1.9S Johnson Bros.' famous Shoes for women kid and box calf lace shoes, with spring heels and vici kid, button shoes with regular heel, light or heavy soles, at low price of 98 Rogers "1847" Silverware Very Low Priced Teaspoons, set of 6, for 91.92 Dessert Spoons, set. of 6 $l.se Tablespoons, set of S, for.. $2.83 Dessert Forks, set of 6. for...$l.se Medium Forks, set of 6, for.. 92.83 Butter-knives, each 4."Sc Sugar Shells, each 43c Sugar Shells, gilt bowl.. 4c Cold-Meat Forks 9Sc, 9Vc Chip Beef Forks 54c, 77c Gravy Ladles 81c, 91.13 Cream Ladles 86c. 88c Pic Server, each 91.3S Soup Ladles, each 92.12 Bouillon Spoons, set 92 25 Salad Forks, set 92.48 Nickel Baking Dishes 93.19 All our beautiful Cut Glass- at low clearance prices. All Sterling Silver at low clear ance sale prices. All Cutlery at low prices. ATI fancy Nickel ware at low cicarauce sale prices. No. 2 Rochester Lamps, nickeled. white dome shades 91.44 300 Japanese Teapots; values extra ordinary, at, each 18c Clearance of Table and Bed Linens $1.32 72-mch bleached satin Damask Table Linen; the $1.15 grade for the low price of, per yard. 'vU Bleached satin Damask Table Linen; best .patterns; reg.- $1.25 qq value-on sale at, per yard.-C Bleached satin Damask Table Linen ; reg. $1.50 grade, yard S1.28 Bleached satin Damask Table Linen ; 81 inches wide; re ular $1.75, for, yard. All grades of Table Damask marked at the lowest clearance sale prices. All Napkins at clearance prices. All Doilies, Traycloths and Table Sets at low clearance prices. Full size white Marseilles pattern Bedspreads; reg- rf ular $1.75 grade on sale at the low price of, each.p 1 mSr 1 Full size white Marseilles pattern Bedspreads ; beau-m i AQ tiful patterns; regular $2 grade on sale for, each. nrO Fringed wjhite Marseilles pattern Bedspreads; the tf regular $2 grades on sale at this low price, each.P 30 $2.75 white Marseilles Spreads for low price ofr each. .2.X6 $3.25 white Marseilles.Spreads for low price of, each. ,$2.48 n