Morning Oregonian., April 28, 1909, Page 11, Image 11

THE MOKXiyCr OKEGOIQAy, WlilUiNESDAY, APRIL 28, 1009.
11
STREET FRANCHISE
VETOED BY MAYOR
rave Argyle Will
Guard If our Love
If Yoe Build a. Mom
Blanket Grant for New Car
lines Said to Contain Unheard-of
Privileges.
to ir ortlsurio s ISeaoty
DEPLORES HASTY ACTION
B
d
Ones
Spot
Sonncll Expected to Stand Pat on
Measure Lane Says Was Ru'ed
Through to Anticipate New '
Commission Charter.
Mayor Lane yesterday sent to the
City Council one of the most scathing
vetoes ever penned by him, relating to
the granting of a blanket franchise to
the Portland Railway, Light & Power
Company. He declares he Is astonished
. at the unheard-of privileges he alleges
are given the corporation by the terms
of the franchise, and says that a mu
nicipality which would part with its
rowers as in this case "Is unfit to ex-
The Mayor charges that the Council
is giving away even the right to assess
for the cost of elevated roadways and
bridges, and turning this prerogative
over to the company. The Mayor ac
cuses the company of rushing the fran
chise through, with all of the defects
he declares it contains, in order to se
cure the "valuable rights" before the
people have an opportunity to vote on
the proposed commission plan of city
government, whloh he says contains
provisions that would prevent such an
ill-drawn document becoming a law.
Smaller Lines as Levers.
The Mayor explains the manner in
which he charges the company has en
deavored to secure the franchise by
saying that the grant embraces 40
streets. 39 of which are to traversed
by short lines, and one which is to be
a main trunk line, leading to the Pen
insula, to the Swift Packing plant. He
declares that each street should have
been considered separately, and upon
its own merits, but that the company
shrewdly manipulated matters so that
the smaller lines are "used as levers
with which to lift the larger and more
Important grants, contained In this
franchise."
Mayor Lam, aiBO cai,a attention to
the fact that, while the franchise is
supposed to convey only the right to
operate and maintain streetcar lines
it actually "carries with it and all
along through it reiterates the addi
tional right to operate railways, so
long as steam is not used as a motive
power. What the object may have been
In granting this additional . right
I do not know, at any rate, whether
for better or for worse. It is included
in this grant."
In regard to the "rushing through"
or the franchise, the Mayor says:
It may be that there was need of haste
In securing the rrant at this time in order
to forestall the danger whloh might arise
In the event that the commission plan of a
charter should be passed by the people at
the next election. Inasmuch aa It contains
provisions which would not allow grants
drawn with suoh Ill-guarded provisions to
become a law. I do not know whether this
Is true or not. but there Is a striking re
semblance In this instance to the methods
which were pursued In lo In securing
what Is known as the "blanket franchise"
Immediately preceding the adoption of our
present charter.
No Provision for Pares.
Regarding the proposed line to the
Swift Packing plant, the longest lino
of the 40, the Mayor says it is not
properly safeguarded, as it has no common-user
clause, no regulation of fares
and no provision for the regulation of
the number of cars to be operated, but
leaves those matters strictly within
the power of the company. He makes
the same point regarding the fact that
the franchise would permit of the con
struction, maintenance and operation ot
railway. He also protests against
the right of the company to abandon
any of its lines at Its option, without
seeking any permit so to do from the
Council or any city official. He says:
This Is a valuable concession n .
rnder of rlghta to the railway company
which does not seem credible, yet it la quite
moaest in Its encroachment upon the pre
rogatives of the people when compared with
another provision Is the grant wherein
the City of Portland Is compelled to keep
In repair and maintain In rood mnHin..
suitable for Its use for railways and street
railway purposes all elevated roadwavs and
bridges along, over and upon all streets for
which rlghta are granted In this ordinance
and pay three-fourths of the cost of the
same.
If the city does not do this promptly, or
In a way which eults the Portland Hallway.
Light & Power Company, acting under the
supreme and sovereign rights granted to It
In this ordinance. It can condemn such ele
vated roadways or bridges and go ahead
and reconstruct or repair and put them in
a suitable condition tor Its own use and
that ot teams and vehicles (It being the
sole Judge of such condition of suitability)
and assess three-fourths of the cost of the
same to the city. As evidence of the effec
tiveness of Its power in this respect. It ob
tains the right also under this franchise to
compel the city to pay for such work by
the simple expedient of retaining any mon
eys due from It or which may afterward be
come due from it to the city.
Lets Company Tax City.
I do not remember of ever before having
heard of & case where an Incorporated mu
nicipality so far lost its self-respect as to
voluntarily consent to being assessed and
taxed by a private corporation which was
Us own creature and I protest such action
on the part of this city In the present in
stance. I frankly confess that I am temperament
ally so constituted that I am unable to see
the Justice of this provision, and to me It
seems that any city which would surrender
Its sovereign right to govern Itself in the
manner which Is prescribed for this city to
do In this instance Is unfit to exist, and I
sincerely hope that you refuse to allow It
to subject Itself to such treatment.
There is a clause in the ordinance which
provides that the power to reasonably reg
ulate the rights and privileges granted In
this franchise shall be and remain vested
in the City Council, and this Is good so far
as It may go, but the ordinance is drawn
in such a manner that I do not think that
right to a reasonable regulation confined
to the terms of the ordinance as It Is In
this measure will be of any value to the
city.
Upon the other hand, the absence of any
provision looking to a cheaper rate of fare
than 5 cents, when such a rate has become
excessive, the failure to demand that stock
shall not be Issued or sold In excess of the
cost of construction and equipment, as well
aa the omission of a provision which would
compel the riling each year of a detailed
and truthful statement of the amount of
stock Issued, with the names of all stock
holders; and the amount of the receipts and
expenditures from whatever source and on
whatever account, to be made each year
and verified undor oath by the president
and secretary of the corporation, with a
further provision to forfeit the franchise. If
such showings are not made In a reasonable
time Is notable, and should not be too light
ly dismissed from your consideration.
I return the ordinance not approved.
The,' veto will be read to the City
I
NOTICE
We will give you credit
on your purchase for the
amount of your railroad
fare for a distance of 100
miles from Portland if
you will come and see
BONNIE ABGYLB
PARK This offer - ia
good until May 7.
50Q'000inl912l
Largest Realty Firm on the
Council this morning-, and it is believed
wm De overruled, as it re
quires Dut is votes to pass the fran
chise over the Mayor's objection, and
It is regarded as likely that there are
" " numDer or Councllmen
who -will vote against the Mayor on the
DrODOSltlOn. rniinillmoii -7a. i
- laufiuu, wuu
usually supports the vetoes, will not
ouupuri mis one, because his constitu
ents have made a demand upon him to
vote for the franchise, aa they declare
they want the new lines in their ter
ritory. Councilman Rushlight will vote
to sustain the veto, as he led a fight
against the passage of the franchise
originally becauses it does not suit his
views, and Councilman Cottel will do
likewise. If there are any others to
sustain the veto, they could not be
found yesterday.
PATROLMAN HURT FEELINGS
Karambelas Family Wounded by Ob
jection to Their Noise.
William Karambelas, 407 Davis street,
has filed suit in Justice Court against
R-P. Williams, a policeman, to collect
K damages alleged to be due because
llllanis lately summoned the patrol
wagon to the Karambelas household In
his complaint he itemizes the damage
sustained as $240 for humiliation suffered
at the visitation and 10 additional for
the distress occasioned him through the
illness of his wife, who sustained a se
vore nervous shock at seeing the police.
A christening celebration at the house
hold two Sundays since brought out con
siderable noise and other things. Neigh
bors protested to the officer, who sent
for the patrol wagon without first making
an investigation. When the wagon ar
rived It was found necessary to arrest
no one. Mrs. Karambelas swooned and
the husband has been suffering from
humiliation ever since, so the complaint
implies.
See Gregory for his special free-rent
?feL to lot buyers in Gregory HeigHts.
416 Corbett Bldg. Don't phone. See ad
on page la.
which is just
OPENS FOR SALE
SATURDAY, MAT 1
If you wish, we will reserve lots for you today. If you live in Portland,
call at our office or phone, and we will send one of our gentlemanly sales
men to tell you about it. If you live outside of Portland, mail this coupon.
THE J ACOBS-STINE : COMPANY
EXPERTTO BE HIRED
Specialist May Draw Plans for
Madison Bridge.
OPINION OF CITY ATTORNEY
Structure Mast Be Built Under City
Engineer, but Consultation in
Plans Is Allowed Mayor Is
Opposed . to Any Delay.
City Attorney Kavanaugh will advise
the Council at its session today that the
Madison-street bridge must be built un
der the superintendence of the City En
gineer, but that a consulting engineer
may be employed, if deemed advisable.
Mr. Kavanaugh's opinion was sought
that the Council might have official
knowledge as to whether it has the
power to employ a competent bridge
builder to draw plans and specifications
for the proposed span, as requested by
the Executive Board.
In view of the fact that the City At
torney will make this recommendation.
It . seems probable the Council will
authorize the Executive Board to em
ploy an expert bridge engineer. Mayor
Lane and the members of the board feel
the undertaking should be under the di
rection of one skilled in drawing plans
and providing specification lor a steel
across Sandy Road
Pacific Coast
structure such as the people voted for
at the last election. It is their Intention
to have the engineer furnish the design
and everything In the way of plans and
specifications, and then invite bids from
the whole country. The engineer would
remain and superintend for the city the
entire construction after the contract is
has been considerable complaint
from various quarters at the seeming de
lay In the awarding of a contract and
the rebuilding of the present structure,
but Mayor Lane declared yesterday there
is no intention on his part or on the part
of the members of the Executive Board
to eielay the matter.
The following communication was re
ceived yesterday by The Oregonian:
When we say that we feel like giving a vig
orous protest as to the way the Madteon
atreet bridge question Is handled, we are sim
ply uttering the sentiment of 00 out of every
100 In thta. the Mount Scott district. We
believe the bridge should be repaired and the
new bridge built at once. It would be bet
ter to repair at any cost, so that the peor-le
could have the use of it. as well as the con
tractors In the building of the new bridge.
The cause of the delay la kept a profound
secret from the people who are most directly
concerned. We believe the people here,
about 15,000 of them, should be let In on the
Becret, and If there le any boodle connected
with the hold-up, it would be no more ihan
right to give us all a share. We voted for
the bonds and also for the location. No
other location will eatlsfy the people in this
district, who are entitled and should have a
direct line into the city and that without
this dilatory child's play tactics with the O.
W. P. Company. We have one of the Couaiv
Commlseioners living In this district, wnose
silence and apparent non-action In regard io
the building of the new bridge are causing
."nnpidcrabltf comment.
JOE NASH.
THOMAS CiORriOX.
HOWARD CROFTS.
P. A. DALBBT.
N. E. FARNSWORTH. .
Tj. MORSE.
WHITE MEN IN ROLE OF JAPS
Will Pull Jlnrikshas at Seattle In
stead of Coolies.
SEATTLE. April 27. The action of
Japanese Consul Tanaka in protesting
Boulevard fom Hyde Park and Wellesley-on-the-Hill
The Oregonian.
148 Fifth Street, Portland, Oregon
against the employment of Japanese in
native coolie costume as jinrlksha men
on the Alaska-Yukoa-Paclflc Exposition
grounds, the protest resulting in the con
cesslonalre being forbidden by the Fair
IT DRAGS YOU SLOWLY DOWN
It's hard to keen an rn tnmni
with a dull pain nagging all day at
your back; in fact, kidney troubles are
at me bottom of very much of tha
nervousness and irritability that are
so common today. Tou wonder why
you are short and cross, can't keep
your mind on one thin a- nr. IkkII,.
to worry over trifles, and subject to
ins or blues and despondency.
Partly it is due to that nain in voiii-
back, partly to the irritating effect of
uric acid on your brain and nerves.
Uric acid Is a poison that is always
forming in the body, and it is the
duty of the kidneys to filter it out of
the blood and pass it off. dissolved, in
the urine. Healthy kidneys do this
work thoroughly and well, but weak
or sick kidneys get behind, and the
waste matter collects here and there
in the muscles, joints and nerve cen
ters. Headache, dizzy spells, rheuma
tism, neuralgia, blurry spots before the
eyes, nervousness and heart trouble, are
signs of uric poisoning.
So do not wonder at your condition,
especially if the urine does not look or
p naturally. Ana it your DacK aches
continually, or you are taken with
sharp cricks and stitches of pain when
with
DOAN'S KIDNEY
ooia oy a dealers.
COUPON.
THE JAOOBS-STINE COMPANY,
148 Fifth Street, Portland, Or.
Gentlemen Fleas send me Information about' BONNIE AH GYLE PARK
and also send me, free of charge, the beautiful Scotch song. "Mary of Argyle
with the distinct understanding that I am under no obligation to your company.
Name .
Address.
manager to employ Japanese, was taken
to carry out the policy of tha Japanese
national government. The entire anti
Japanese sentiment in the United States,
said Consul Tanaka today. Is founded on
PICTURE!
;RY. 1
If HOW CAN I ENDURE THIS ?"w
1J A
E.uatau Mir -n
Price so . Fosraa-Miiitna. Co, Buffalo. N.Y.. Proprietors,
. Main 6869
Home A 281 1
the theory that Japanese labor is of a
low order and cheaply employed. The
Japanese government exhibit at the Fair
haa been arranged to dispel this idea
White men will pull the Jlnrikshas.
you stoop, turn, or try to lift. It Is sjura
that your kidneys are out of order and
need prompt attention, for sick kidneys
cannot right themselves without help.
Doan's Kidney Fills are especially
for the kidneys. They relieve conges
tion quickly, cleanse the kidneys and
the blood, set the filtering system in
perfect operation.
Fifty thousand persons publicly
recommend Doan's Kidney Pills. Here's
a case right at home:
POHTLAXD TESTIMONY.
Mrs. A. M. Hollabaugh, living- at 328
Grant St., Portland. Or., says: "My
faith in Doan's Kidney Pills is stronger
today than when I first gave a state
ment for publication in. their favor
some years ago. The years that have
since elapsed have only served to in
crease my appreciation of this excellent
preparation. I have found Doan's Kid
ney Pills to be thoroughly reliable in
every way. I had suffered severely
from kidney disorders, backache and an
irregular action of the kidney secre
tions. Doan's Kidney puis gave me
prompt relief, banishing; the backaches
correcting the action of my kidneys
and benefiting me in every way. I am
glad to have the opportunity of again
giving Doan's Kidney Pills my indorse
ment. PILLS