t
TITE 3I0RXIXG OREGOXTAX, FRIDAY, NOVEMBER 6, 1908.
12
HILL INSPECTS HIS
FOUR OFFICIALS OF THE SPOKANE, PORTLAND & SEATTLE
RAILWAY, WHICH WILL BE OPENED TODAY
ON FOURTH STREET
DOORS
OPEN AT
9:30 A. M
GAL SUIT SALE
City Attorney Kavanaugh Says
Council Has Power by
Ordinance.
Magnate Crosses Columbia on
First Train and Will Visit
Portland Today.
X
5
CAN EXTEND PRIVILEGE TOO
BIG BANQUET IS PLANNED
GIN STOP ENGINES
NORTH
Mil
ROAD
SPE
Applications Exceed Accommoda
tions for Dinner That Will Mark
Opening xt Xew Transconti
nental Line to This City.
Th first passensfr train to cross the
Ovlumbia Rivvr bor as one of Its pas
sengers Jamps J. Hill, familiarity known
"Jim" Hill when hp ran a sort of a
unk line between St. Paul, Minn., and
Seattle. At the time that Mr. Hill ran
the "Junk" line. "Alphabetical" Clark, of
the t'nlon Pacific, Mullen of the Northern
nd some others frowned upon him and
Mid he was chimerical in his id-?as. and
that a second railroad out to the North
Pacific Coast would not pay because the
country was "not large enough."
"I'll make the country h'prger.when I
frt out here," said Mr. Hill to the re
porters. The reporters t hen comprised
his only audience, and they went up to
htin only because Klijah Smith was
fijrhtfnK for supremacy In the Oregon Im
provement Company and It was doubtful
at tt ttme whether Mr. Hill would put
Jn a bid for the company's property either
in person or by proxy. Mr. Hill would
not answer the question either way.
Prominent Men in Party.
Yesterday. Mr. Hill numbered among
his guests on t he tri to Astoria two of
the representatives of the lines opposing
him at that time. In the party that
crossed the Columbia were James J. Hill,
chairman of the board of directors of the
Jreat Northern; I-ewis V. Hill, president
of the Great Northern: Howard Elliott,
president of the Northern Pacific: George
B. Harris, president of the Chicago,
Burlington A Quincy; Darius Miller, first
vice-president of the Burlington and K.
T. Nichols, third vice-president of the
Great Northern. These romprised the
party from the liist. At t iff -rent points
In the West the party was Joined by H.
C Nutt. genera! manager of the Northern
Pacific; A. M. Gruber. general manager
of the Great Northern; A. H. Hogeland,
chief engineer of the Great Northern, and
President Clark, of the Spokane, Portland
& Seattle.
While the train was crossing the bridge
of the Columbia, "Jim" Hill stood on the
rear end of the platform and looked at
the scenery up and down the river.
"How do you like it?" asked a friend
who was standing near by.
"Great !' said the magnate.
"Don't you think the completion of
this road is the crowning achievement of
your life?" was asked.
Great Railroader Still Young.
"I am still young as young a I was
30 vears asu," replied the railroad builder.
With that Mr. Hill walked inside.
The trains were switched into the lines
of the Astoria & Columbia River road at
the West Side terminal of the Willamette
River bridge and Mr. Hill and his party
moved towards Astoria. The Astoria road
Is a pt-(perty of the Great Northern
Northern Pacifie syndicate, and it Is un
derstood that Mr. Hill is simply Inspect
ing the line without any intention of ex
tension. Mr. Hill and his party will come ti
Portland tills morning. Tonight thoy will
be tendered a dinner at the Commercial
Club, and among the speakers will be
Governor Mead, of Washington. Covers
for 3.70 will be laid, and 4H applicants for
places have been rejected on account of
priority.
HISTORY OF XORTH BA.VK ROAD
Through Many Difficulties Line Has
Been Built in Four Years.
Fifteen years ago last Summer James
J. Hill flashed a message across the con
tinent that caused .consternation among
The wholesale merchants and shippers of
Portland. Substantially, it announced the
completion of his Great Northern Kail
way, built without Government aid. to
Seattle, and a reduction of rate- that
would turn busine to the Ptiget Sound
city. Thirteen years ago, "Jim" Hill
came to Portland on a tour of inspection
of lines, and Incidentally with a view to
future extensions. That year he had
the whole lobby of the Portland Hotel to
himself. No one visited him except the
newspaper reporters, and he was easy of
access to them. Tonight, all Ponland
will turn out to give a banquet to James
J. Hill, the railroad builder of the coun
try, and the man who. by selection of
the easiest grade to the Pacific, will
make Portland the metropolis of the
Coast.
Mr. Hill saw his opportunity to build
into Portland when he was here in 1S03.
but the financial conditions did not per
mit him to bestln the work of construc
tion until l&nii. Through his attorneys
' h then began the acquirement of the
right-of-way and he had much difficulty
in obtaining It. owing to the opposition
of a rival that had bad some surveys
made and contested every foot of the
way. Numerous lawsuits resulted, tnrt
nil ended In favor of the company. Orig
inally the name of the North Bank Road
was the Portland & Seattle Railway Com
pany, but. although Inrorporated for the
purpose of building lines from Portland
to Seattle and Spokane. It began work
noon the last named branch of the road
first. As the name seemed Insufficient
to Indicate the termini It was changed
as the road neared completion to the
Spokane. Portland & Seattle Railroad.
No work upon the line to Seattle has
been done, hut such a line ia a prob
ability, say the railroad men, even though
Hill has access to Portland- over the
Northern Pacific. Surveys have already
been run for a second line to Grays Har
bor, and for a line from I'rrests Rapids
south, through the center of Washington,
to divert trade to Portland. Several
other "feeders" to the main line are also
being bulit. All of them lead to Port
land. Of the Snkane, Portland & Seattle, as
. it fs now known, the first section of 112
miles wm built from Pasco to Cliffs and
was opened to traffic on December 15,
!!?. The second section was built to
1-y le. 145 miles west, and was opened on
January 15. Track was laid then
to Vancouver, Wah.. Z2 miles, and then
to Portland. 10 miles. The throe bridges
from Vanrouver to Portland, over the
Columbia River, over Columbia Slough
and over the Willamette, together with
the land damage., cost the company
about $S.0oi0t'rt
The company is also constructing a
line from Pasco to Spokane, llti miles.
A number of bridges and viaducts are to
be built, and the line will probably be
opened for traffic In the early part of
19. The distance from Portland to
Spokane will be about 377 miles. The
line has no curvature exceeding three de
gree. For 2T-rt miles east of Port'and
there U no grade exceeding two-tenths
of 1 per cent, and no grade along the en
tire line exceeding four-tenth of 1 per
v I W ; I
' is ft f -
'i J 1 1 -
. ,-. : y '
cent. The company has constructed mod
ern freight warehouses east of Tenth
and Hoyt streets. 1UU0 feet long and 50
feet wide. The first lm) feet of each
building is two stories in height. All
of its passenger equipment, passenger,
baggage and mail cars, have been built
by the Pullman Company, as have also
the sleepers and dining-cars.
HAS CLASH WITH HAYOR
1. A. PATTXLLO MAY LEAVE EX
ECUTIVE BOARD.
Member of Old Street Committee
. Fails to Attend Session to' Con
fer With Ianc.
A crisis has been reached in the of
ficial relations of Mayor I-ane and I. A.
Pattullo, a member of the street com
mittee of the Executive Board. Mr.
Pattullo held a two hours' session with
the executive in the latter'a private office
behind closed doors yesterday afternoon,
and the fact becomes most significant
when it is known that at the same time
an Important session of the street com
mittee was being held In an adjoining
room. It is believed that Mr. Pattullo
made formal "demands upon the Mayor
for what Mr. Pattullo regards as proper
recognition for past services, and that If
this Is not granted at once, he will resign.
After the conference between Mayor
Ijtne and Mr. Pattullo. the latter de
clined to make any statement, except to
say that he had not resigned from the
Executive Board, and that he did not
know whether he will. This statement
In itself is very significant. In view of
the conditions that exist. It is generally
believed that Mr. Pattullo feels deeply
the fact that Mayor Lane named Isaac
Swett as chairman of the street com
mittee, although Mr. Pattullo remained
on the Board after four others resigned
recently. Mr. Swett had been a member
for but six weeks.
The old street committee consisted of
Robert L. Sabln. Richard Wilson and D.
A. Pattullo. Friction between the first
two named and Mayor Lane resulted in
their resignations, together with those
of Marcus G. Fleischner and I. P. Peery.
of the lire committee. It was thought
for a time that Mr. Pattullo would also
resign, but he did not, and has remained
with the Board. When Mayor Lane an
nounced the reorganization of commit
tees, several new members having been
appointed, there was great surprise when
it was noted that Isaac Swett headed the
street committee, instead of Mr. Pat
tullo. Since becoming a member of the
Board. Mr. Swett has een very active
In all meetings, and Mayor Lane has
shown him many favors.
EAST SIDE MEETS COLUMBIA
Kxcltlnjr Game Splirtlulrtt for Today
on Multnomah Field.
While the Interscholastic League foot
ball championship has been practically
settled, J I ill Military Academy has yet
to reckon with the East Side High
School! which will meet Columbia Vni
verjdty on Multnomah Field this after
noon. If the Kast Side can defeat
Columbia or hold the collegians to a tie
game, it can legitimately claim that e
contest with Hill Military Academy will
be the deciding game of the peason.
Captain Valker, of Columbia, is san
guine over the outcome of today's game,
for he says that Columbia is going to
win all the remaining games of the
schedule, and then ask for a return
game with Hill Military Academy. Hill
defeated Columbia" a few days ago by
the score of 6 to 5. Captain Cornell,
quarter-back of the Kast Side team,
scouts Columbia's ability. This after
noon's game will commence at 3:30
o'clock and the teams will line up as
follow.-:
Kast Sfo High. Position. Columbia.
Htannarl.KelU8B Tj. E. R Campbell
Kd. Leader I. T. R.. thiol ey
Klahertv ! Kellhor
Mortland ' Jlare
(e.lts R- 3. I- Aya
Elmer Leader . . . R. T. L. Billedeaux
Kehoe. llarzee ..R. K- L. E. O'Brien
Cornell Q Seufert, Ennt
Barzee, Everest. . I. H . R. . Ennia. J. O'Brien
Jones R. H. I Pomeroy
C'ason F Walker
ABERDEEN EXPECTS VICTORY
Foot !h II Eleven Counts on Dcfeatfng
Multnomah Club.
"ABERDEEN", Wash,, Nov. 5. (Special.)
1
The members of the Athletic Associa
tion football squad are practicing hard
for their game with Multnomah In Port
land next Saturday. The latest men to
join the team are Shaw, Purdy and
Gage, three stars from the Hoquiam
eleven of ia.t season. These men are the
best obtainable on the Harbor and will
assist materially in helping to lower
Multnomah's colors.
A large number of men are turning
out deily to make the .team and to take
the trip next Friday, and when the local
eleven lines up against Portland they
will surprise that team. Egerer, the
clever quarterback, is back In the game
and will direct the team's movements
Saturday. He will also do the punting
and is to play the end position on de
fense. PUTS UP BEAUTIFUL TROPHIES
AVaverly Golf Club to Hold Tourney
Next Tuesday.
Members of the Waverly Golf Club are
making great preparations for the ap
proaching golf tournament against Bo
gie, that will be played by teams of
eight men from the various golf clubs of
the Northwest and British Columbia,
The match will be held on Tuesday, and.
In addition to the handsome sliver
trophy and the individual cups, several
Important social events will be held.
The Waverly Golf Club this year is
giving one of the handsomest cups ever
donated by the club. The trophy stands
over 30 inches high and Is made of ham
mered silver, with a wreath of Oregon
grape on the sides. Before the handsome
silver cup becomes the property of any
club. It must be won three times,. In
addition to the large cup, there are
eight smaller cups of the same design,
and these go to each member of the
winning1 team. Each year that the cup
is played for until it is finally won, each
man on the team will get one of the
smaller cups as a trophy showing- that
he was a member of the winning team.
The trophies are on display in a
window of the Honeyman Hardware
Company.
FREE BUTJMLLIIiG RIDE
PASSENGERS REFUSE TO TAKE
CAR AHEAD; CARRIED BACK.
See No Necessity for Transferring
and Keep Scats, Getting Ride
Back to Town.
A carload of people last night on a
Woodlawn car. about 6 o'clock, was car
ried from the west side of the river to
the corner of Inion and Killingsworth
avenues and then asked to transfer to
the car ahead as, announced Conductor
Clyde Vaughn, No. 44. the car wa go
ing to be sent back without finishing the
trip. Some of the passengers got off
and took the car ahead, which was al
ready more than comfortably filled, so
the complainers say. Others refused and
after a short delay the car was sent back
to town taking the rebellious passengers
along, too.
W. M. Cook, of the United States Pay
master's office. C. W. DeGraff, of 402
Ainsworth avenue, and several others
who were passengers on this car, were
highly indignant at the treatment they
said they had received.
"The streetcar company gives this kind
of service on this line frequently." said
one of the passengers, "and I think it ts
about time that some of us kicked up a
row about it and had it stopped. We are
frequentlj asked to transfer without any
apparent reason and if the company
ha.sn't enough cars, they should get more.
We pay our money and are entitled to a
through ride for It."
On behalf of the company an official
admitted last night that the car had
come back with some of Us passengers
aboard but denied the charges made by
the passengers.
"This affair was an accident, that's
all," he said. "It Is not the orders or
the desire of the company to subject its
passengers to any Inconvenience. This
car was 12 minutes behind time. Public
service is perhaps better maintained when
in an emergency like this the passengers
are transferred to a car ahead.
Onee in a while when a car is thrown
behind its schedule by an open draw or
some other unlooked-for exigency it is
sent back. This is the first complaint we
have received on this line. AVe voluntari
ly increased the service on this line but
two weeks ago and will continue to do
so as fast as we find that the condi
tions call for It,"
Opinion Puts Up to Council Whether
It Wishes to Compel Southern
Pacific- to 'Order Locomotives
Off Street or Not.
Power and authority to stop the South
ern Pacific Railway "Company from
operating steam locomotives on Fourth,
street lies with the City Council, ac
cording to a highly important opinion
rendered by City Attorney Kavanaugh
yesterday.
The Council, he holds, may order the
discontinuance of steam engines over the
line within the corporate limits of the
city after November 12, if it so desires,
and a penalty of from $250 to $500 a day
and Imprisonment as high as six months
in jail can be assessed, according to
ordinance.
The City Council Is therefore, according
to the opinion, alone clothed with power
to enforce Its ordinances in this instance,
or. If it refuses so to do. it is then proper
for the Mayor to instruct the City At
torney to institute proceedings in the
Circuit Court. The Council, if it wishes,
can extend the privilege of operating
steam locomotives at its discretion, but
It has the absolute power to force dis
continuance of steam engines, if it wills.
This opinion will bring directly before
the Council the important question of
what it wishes t5 do, and it is quite prob
able that this will form one of the most
Important subjects for consideration at
the session scheduled for next Wednes
day. Mr. Kavanaugh's opinion follows:
Text of Opinion.
Nov. 5. lOg.
Hon. A. L. Barbur. Auditor of the City
of Portland Th committee on judiciary and
elections of the Council referred to mo for
opinion communications from the Mayor and
Railroad Commission of Oregon, relating to
a collision between an engine of the South
ern Pacific Railroad Company and a. street
car of the Portland Railway, Light & Power
Company, at the crowing of the lines at
Fourth and Sherman streets. Both communi
cations direct attention to the ordinance re
quiring the railroad company to discontinue
the operation of steam locomotives and
freight cars on Fourth street.
The railroad i operated on Fourth street
by virtue of ordinance No. 599, of the City
of Portland, approved January 6, 1869. By
this ordinance the Oregon Central Railway
Company was granted- a franchise to operate
a railroad line in the center of Fourth street
from the soutn boundary of the City of Port
land to the north line of G street, and as
much farther north as Fourth street might
be extended.
Punishment for Violation.
On May 1. 1907, the Council passed ordi
nance No. 16.4D1 of the City of Portland.
This ordinance became a law without the
signature of the Mayor, and went Into effect
May 12, 19u7. The ordinance makes ft un
lawful to operate steam locomotives or freight
cars on Fourth street between Gllsan street
and the southerly limit of the city, from
and after 1$ months from the final paesage
or approval of the ordinance, excepting
freight cars for the reconstruction, repair or
maintenance of the railway lawfully or
rightfully on such street. A penalty is pro-'
vided for the violation of the provisions of
the ordinance by a fine of cot lens than (250
nor more than $500, or by Imprisonment not
exceeding six months, or by both such fine
and imprisonment. Each day's violation shall
constitute a separate offense. It Is further
provided that such violation shall be deemed
a forfeiture of any and all rights and privi
leges claimed by said Oregon Central Railway
Company with respect to the operation of
any railway on said street. It Is provided
finally that said ordinance shall not be con
strued to recognize or extend- any right,
franchise or privilege to maintain or operate
any railway line on said street.
Council Has Power to Act.
Section 3 of the franchise under which
this line is operated provides that "The Com
mon Council may restrict or pro
hibit the running of locomotives at such time
and in su'h manner as they may deem nec
essary." This provision may be susceptible
of different interpretations, but under any
reasonable construction It appears to reserve
the power to exclude the operation of steam
locomotives entirely. This view is strength
ened by the well -recognized rule that In case
of ambiguity, such a francbiee is construed
strictly against the grantee, and liberally in
favor of the -public. This is a power re
served in the franchise and can be exercised
to the full extent of the reservation. The
discretion to enforce the prohibition la vested
In the Council, and if the power Is reserved,
the courts have no authority to review such
discretion or to question the reasonableness
of the regulation. Nor can It be successfully
urged that the exclusion of steam motive
powr wouiq cefat the purr"" of the grant.
THE MOST UP-TO-DATE OF THE SEASON'S
SI TITQ
mm
Pfi M
mm
ACHESON CLOAK, AND SUIT CO.
148-150 FIFTH STREET
DOORS
OPEN AT
9:30 A. M.
.1nilAn erAfcrh enn Ik not In mv
opinion, within the terms of this reservation.
Police Regulation Possible.
Apart from the power of regulation thus
expressly reserved is the power to reasonably
regulate the exercise of the rights and privi
leges granted in the interests of the public
health, safety and comfort. This power is
known as police regulation and. within the
limits of reasonable exercise, it is superior to
the rights or privileges granted by a public
service franchise. "his has long been
recognized as beyond the power of the state
to alienate. It cannot be made the subject
of franchise or contract, and the state can
not divest itself of such power, because Its
reservation is- essential to the preservation
and orderly conduct of the government. If
any franchise attempts to divest the state of
this power, it Is to that extent void, and sub
sequent legislation In conflict with such di
verting provision will not Impair the obliga
tions of any contract. This power may be
delegated by the state to a municipality and
the delegation of police power to the City
of Portland is ample. If not plenary.
This power of regulation is not absolute,
but must be exercised reasonably. The rea
sonableness of such regulation Is a judicial
question. The courts have authority in such
case to declare whether the regulation is reasonable-
or unreasonable. If reasonable, it
will be enforced; if unreasonable, it will be
annul led. The peculiar facts and circum
stances of each case will be consulted In de
termining the question of reasonableness, and
It Is Impossible to lay down a definite rule
to govern In every case.
Violation Is Punishable.
The committee on judiciary and elections
Is advised that In my opinion the Council
acted within its reserved power when It
passed ordinance No. 18.491, to the extent
of prohibiting the operation of steam loco
motives on Fourth etreet. but that the power
AND
AT UNHEARD-OF SAVINGS
FRIDAY AND
SUITS
Suits Values to $25, "7C
Friday and Saturday. V-"-
About 25 garments to select
from; all colors, styles and sizes.
Suits Vals. to $42.50d99 Cf)
Friday and Saturday?"1'
Made of serges and fancy stripes
st.rictly tailored.
Suits Values to $65,(J0f 7C
Friday and SaturdayPdyy
'CQtlz The very newest modes are de
picted in this lot.
HIGH-GRADE TAIL
ORED SUITS just in by
express. By order of the
board of directors this purchase will
be sold at actual cost. Regular
$25.00, $30.00 and $35.00 values;
on sale today and
until the entire
lot is disposed of
THIRD AND MORRISON STREETS
Is not thjis reserved to exclude the operation
of freight cars on said line. In the exercise
of the police power delegated to the Council,
it might exclude the operation of both steam
locomotives and freight cars on Fourth street,
but this regulation would be subject to judi
cial review on the ground of reasonableness .
The prohibiting ordinance wa passed in pur
suance of the provisions of the franchise, and
I am of the opinion that a violation of the
ordinance would not only subject the oper
ating company, ita agents and employes to
penalties by fine and imprisonment, but that
it would, under the provisions of the fran
chise, effect a forfeiture of the franchise.
This forfeiture could be declared either by
an ordinance of the Council or by the Clr
cuft Court in an appropriate proceeding. The
time limit provided for the discontinuance
of eteam locomotives will expire November
12, 1908. Respectfully,
City Attorney.
AUTO GOES OVER PRECIPICE
Nonunion Driver Assaulted, Cab
Stolen, Then Wrecked.
NEW YORK, Nov. 6. After assaulting
the strike-breaking chauffeur of a taxi
cab last evening, turee men stole the cab,
and, driving at full speed down Sixtieth
street, ran it over a forty-foot precipice,
wrecking the machine past repair. Wit
nesses say that the machine was run
rapidly down the street, and the two
men jumped out 100 yards from the end
of the street. The chauffeur, however,
COATS
SATURDAY
COATS
Coats Values to $15,
Friday and Saturday.
$7.25
Made of covert and fancy stripe,
Empire and semi-fitted effects.
Coats Values to $22:50, Friday
and Saturday, $12.50. The best
coat offered on the Coast for
$22.50. These two (JJ19 CA
days, only pleJU
Coats Values to $4Q,Q99 Cfl
Friday and Saturdays" e'U
These coats are much out of the
ordinary and will compare fa
vorably with most $40.00 values. .
it is said, stuck to his post until the ma
chine reached the very edge of the preci
pice, when he jumped also. The ma
chine fell to the beach below, where It
remains a mass of twisted iron and
splintered wood. It was after the police
had been notified of these facts by wit
nesses that Charles Zeidel, a strike
breaking chauffeur, reported that he
had been threatened by three men in
Sixty-fifth street, and his machine stolen.
The polics believe that the assault and
destruction of the machine were the work
of strike sympathizers.
Aberdeen Arises to Remark.
ABERDEEN, Wash., Nov. 5. (To the
Editor.) The Oregonian said some
thing about our having hard times in
case Mr. Bryan was elected. Well, he is
not elected. If The Oregonian ever ex
pects to do us any good, do it now,
and when stopping to rest occassionally
print a word lor Aberdeen.
Yours for prosperity,
EPHRAIM FRAZES. .
Change in Potter's Schedule. " A
Effective at once The O. R. &. N.
steamer T. J. Potter will leave Port
land for Astoria every night except
Saturday at 8:00 o'clock.
The change is that the steamer will
leave Sunday night instead of Saturday
night.
FOR
ACHESON BUILDING
Jw