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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 5, 1910)
THE MORXIXti OREGOXIAN, TUESDAY, APRIL 5, 1P1Q. 9 PORTLAND WINS RAILROAD FIGHT Southern Pacific Must Give Up Steam Traffic on Fourth Street. PROTECT PUBLIC SAFETY City May Impose Reasonable Condi tions. Every Franchise Being Af fected by Decision Appeal of Case by Road Not Expected. Refusing to enjoin the City of Port land from enforcement of the ordinance passed in May, requiring the South ern Pacific Company to discontinue the operation of steam locomotives and freight cars on FourtrPstreet, Judge Bean yesterday placed the United States Court squarely on record in support of the police power of the city to regulate in bo half of public comfort and safety. The court held that Fourth street at this time in In the heart of the city, one of the thoroughfares traversed daily by large numbers of citizens, and that the noise, vibration, soot and cinders result ing from the operation of steam cars were seriously interfering with public and private business. The decision is regarded by City Attor ney Kavanaugh as of the utmost impor tance in its application of , the principle that the city has the right to require compliance with reasonable demands upon other corporations using the public streets. Enforcement Due at Once. Air. Kavanaugh announced last night . that the city would immediately proceed with the enforcement of the terms of the ordinance unless estopped by the j courts, pending an appeal ui me easts, m an agreement can be secured with the outhem Pacific Company for the aban donment of steam traffic on Fourth street within a reasonable time. It Js considered probable that the latter course may be the outcome of the litigation, the railroad corporation having announced its intention of building a bridge over the Willamette y at Oswego, at which point all traffic from the McMinnville-CorvalHs-West ide district will be diverted to East Portland, entering the city through the main yards of the company. The Southern Pacific Company may conclude to exercise its right of ap peal to the higher tribunals of the Government in support of Its conten tion that the permit by which It oc cupied the street in 1869 conveyed a perpetual franchise. In that case, the litigation may extend over a period of years. The road was originally built by the Oregon Central Railroad Com-j pany, being transferred by sale to the Southern Pacific. In 1869 the City of Portland bad no specific authority to grant a franchise on the public streets, but under tne general law a railroad could locate Its tracks upon such streets as the city authorities might designate. On Jan uary 6, 1869, the City, Council passed an ordinance allowing the Oregon Cen tral Railroad Company to occupy Fourth street, but the grant contained a clause reserving the right to make or alter the regulations by which the road could operate, to limit the rate of speed at which trains could be run and to re strict or prohibit the running" of loco motives at such ltme as might be nec essary. City Has Power to Protect. Judge Bean held the provision to be within the right of the city to Impose reasonable conditions to protect the public safety and that every such fran chise Is subject to such power. In May, 1907, the City of Portland un dertook to prohibit further operation of steam locomotives and freight cars through the city from the southern limit to Gil san street and passed an ordinance making the running of such engines and cars an offense. The rail road company asked the court lor a temporary injunction, which was granted,' and the enforcement of the ordinance prevented. The company set up the claim that the ordinance of 1869 conveyed a perpetual right to the Southern Pacific Company as the suc cessor of the Oregon & California to the use of the street for steam trains. In the. progress of the various hearings which have been held upon the nu merous motions filed all angles of the case have been discussed. Judge Bean refused at this time to pass upon any other question than the one of police power. The office of the City Attorney an nounces that the operation of each train becomes a separate offense un der the provisions of the ordinance and that unless an agreement as to aban donment of the prohibited trains can reached a large number of cases iriil be piled up against the company. Road Will Not Appeal Case. At the office of the attorneys repre senting the Southern Pacific Company it waa announced that the decision ren dered by Judge Bean was understood to avoid referenoe to forfeiture of the right of way on Fourth street, that and other questions raised during the vari ous hearings being pushed aside by the court. Attorney Spencer was of the opinion that If the court had simply sus tained the police power of the City of Portland to regulate the traffic on the streets, it would be possible for the liti gants to reach an agreement for the abandonment of steam and freight traffic with the completion of the Oswego cut off and bridge. "Our company will probably not ap peal the case unless a study of the de cision reveals that it attacks the fran chise on Fourth street.' said Attorney Spencer. "We would have had the Os wego bridge completed and trains run ning over It before now, had we not been hindered by high water, which took out the first falsework erected- The Southern Pacific will not abandon Fourth street, but I am not able to say what use will be made of the road. The mat ter has not been considered." MOTHER OF DEAI MAX SCES JJnenian's Electrocution Basis of Suit for $15,000. Electrocuted at Roseburg April 22. 1909. a .suit was yesterday begun in the United States Court for the recovery of $15,000 because of the death of James East on. The plaintiff is Mra M. Easton, mother of the dead man. J. L. and S. A. Ken dall, proprietors of the electric light plant at the county seat of Douglas County, are made defendants. The complaint recites that Easton (was mployed as a lineman by the Pacific 1lHhone & Telegraph Company, whose -wires' were strung on the same poles jthat carried, the lighting wires, and: that th latter were not properlV insulated. It is alleged that' Eaeton went on one of -the poles In the performance of his duties and his body came in contact with the hiKh-voltajre wires of the lighting company, the shock causing: h! death. New Bills Open at the Vaudeville Houses Orpheum. 7Y FTER the surfeit, almost plethora of good things on the Orpheum bill last week, it was almost like tempting providence or Martin Beck to expect a similar all-round excellence in the bill this week. Well, it isnt' as good, by sev eral notches. Cressy and Dayne, an entire show in themselves, present another of Mr. Cres s's bite of vaudeville handicraft entitled "Bill Biffin's Baby." It is a one-act play let of New England life, and the -scene is laid in the living-room of Squire Will iam Toppan's home, in New Hampshire, on a Winter's evening. Mr. Cressy is the squire. The story tells entertaining ly of the squire receiving a letter from South Africa, from Bill Biffin, who. in dying, bequeathed his only child, "his baby gel,- to the squire. In his tiny cot tage, where he lives alone in bachelor state, the old squire proceeds to provide for the keeping of the baby. A cradle, a bottle and many toys have been pur chased, not to mention a small hand manual. "Hints to Young Mothers," over which the old gentleman pores assidu ously. Then the baby arrives. Of course it's Miss Dayne, very charming and in teresting in the guise of the grown-up baby Pa Biffins having failed to mention her age. The story is interwoven with sentiment of the clean, fine sort, and every line has its good fat laugh in it. A spectacular act is that called Gus Edwards "Night Birds." a singing and dancing ensemble that is really preten tious in Its staging. Nellie Brewster, who is evidently at the head of the com pany, consisting of six men and six girls. Is a singing soubrette whose personal charms are reminiscent of a Frltzi Scheff grown larger. Her voice, too, has a good range. In one song, "I Won't Be Home to Dinner," Miss Brewster Sings a telephonalogue (if one may coin a word) and out in the audience rises a young gent, also possessed of a tele phone, and sings her a reply. Then in a mushroom-like manner a half dozen men appear from all parts of the house and telephone songs to the six girls who ap pear on the stage with the other working end of the apparatus. An Innovation is offered, too, in the last scene of this act, when the dozen appear as birds, with their heads poked through apertures in a screen on which feathered bodies ap pear. It's the nearest approach Port land has seen of "The Chanticleer" as yet. An act that received much applause Is that of Helen Gnantley, who presents "The Agitator." a camedy-drama by Mrs. Oscar Berings. The development of the playlet shows us an intensely human and timely playlet dealing with a girl em ployed in a. large factory, who, while in the midst of her labors, plans to secure the rights and better conditions for her girl fellow-employes. Miss Grantley Is ex tremely girlish and appealing in her ar tistry, and has a personal charm that makes Itself most apparent. Also In her company are J. C. Mathews, who essays the role of the manufacturer's son, E. P. Racey, as the foreman, and V. Benoit as a journalist. Miss Grantley received an ovation at yesterday's matinee in the form of a huge basket of flowers. Next best is Gladys Lockwood and Paul MacCarty. who is evidently Scotch-Irish. This duo of excellency has been a recent feature with the "Pianophiends" who made such a hit here about one year ago at the Orpheum. The feminine portion of this act is a pleasant reminder of El sie Faye in that she has the motion-picture eye. Miss Lock wood is a prepos sessing miss wfio makes her songs come over like a waterfall, simply through her personality and original ways of seeming unconcerned. She has one song, "Mary Took Her Calves to the Dairy Show," that is new and diverting. Mac Carty plays dandy fine accompaniments, sings quite a bit and the two dance nicely. Gus Bruno has a raft of twice-told tales that he tells attractively. If there is any particular merit or distinction in telling an antediluvian joke, then Mr. Bruno takes the palm. Xjb Claire and Sampson present a shelf worn acrobatic act that ought to be billed as a flller-ln for between films at a moving-picture show. Also a bunch of blue ribbons should be handed the Lang-ton-L.ucier company for presenting about the horsiest horseplay act ever seen on the Orpheum stage. It is called "A Fool's Errand" and three people play the title role noticeably well. A fat man, a a messenger boy, ambles and cavorts under the mistaken impression that he is dancing, and a tall, attenuated damsel with a voice that retninds one of sharp ening a file, are aided and abetted by an anemic youth who trys to sing. Oh, It is too pitiable, that fool-errand act. The orchestra, always ffood, is offering some really excellent selections this week. Grand. NOT by any stretch of the imagi nation can the bill at the Grand this week be made to measure along side the usual excellent offerings of this popular vaudeville house. The one good act is the Lagarrds, and their acrobatic offering is indisputably fine. There are five members of this com pany and their feats differ most de cidedly from those of other gymnasts and tumblers. The audience was kept in a continual state of excitement by the really marvelous achievements of these agile athletes, whose accuracy in their various leaps and double som ersaults is little less than remarkable. Next of Interest i the specialty of ferings of Mier and Mora, the former a very tall angular masculine person who dances a quiet little step that possesses the distinction of being dif ferent, and who also gives an exhi bition of bag-punching that brings ap plause. Mora, his partner, is a femi nine edition of one Harry Iauder, and she has personality and charm. She sings several songs that make a great hit. One, a ditty about a widow, she chacterlxes in black bombazine gar ments and a wonderful bonnet. An other, in Highland kilties. Miss Mora sings about "Won't You Come and Chase Me," and dances quite fetchingly. .Edwin Winchester is a musical monologlst, who fortunately "musi cals" more than he monologues. Real ly excellent are his xylophone num bers, including the inevitable "II Trov atore" selection in his repetorie. One of his novelty offerings is a snar drum solo. Staslo and Touise Lozler Berinls give a quarter of an hour of grand opera, also including "11 Trovatore" in their series. The woman, who Is good to look upon, is of regal carriage, wears a beautiful gown and looks quite like the pictured ladies on the fashion plates. She sings in a very high, but not overly strong or compelling voice. I A. Street offers a juggling act, the piece de resistance of which is ma nipulating a rubber ball. Kls act in various forms has been seen here many times. READ THIS. This Is to certify that Hall's Texas Wonder of St. Louis, Mo., cured me of a severe kidney, bladder and rheumatic trouble three years ago, and I can fully recommend it. R. D. Teter, R. 4, Box 51, Salem. Oregon. 60 days' treatment 91 by mail. If you can shrlnK your head one-sixteenth in size, very well otherwise the Gordon stiff in one-sixteenth, sizes is the hat for you. BEACH MAKES TOUR Supervisor Will Instruct Cen sus Enumerators. HURRIED TRIP TO BE MADE Importance of Thorough Count Will Be Impressed Tpon People. School for. Instruction Will Be Held Here on Return. Seneca C. each, census enumerator, will begin a whirlwind tour of the Sec ond Congressional District Thursday morning, personally to instruct census enumerators in their duties and to im press upon them the necessity of mak ing a thorough count. At 2 o'clock Thursday afternoon he will speak at Baker City, and will catch a night train for La Grande. Friday morn ing he will address the enumerators at that place and as soon as he 'can con clude the meeting will rush on to Pen dleton to deliver a speech of instruction at 2 o'clock in the afternoon. The Dalles will be reached on Saturday, and at 3 P. M. the supervisor will endeavor to show the men in that vicinity how to do the work and the necessity of doing it right. "I am relying on the people in those towns to help me out by arranging for halls in which to hold the meetings." said Mr. Beach. "We are so covered up here that it will probably be impossible for me to write personal letters to the people up there, and the enumerators will be lucky if they get their notices to attend the meetings. "If they read this In The Oregonian I want them to understand that it is of ficial, and If any of the enumerators are assigned to districts near the towns mentioned I want them to come to the meetings, whether they get any other notice or not. Somebody will arrange. for a hall at each place. I am sure. I feel like asking the papers throughout the state to 'please copy. "Time Is growing mighty short for this work to be whipped into shape, the ac ceptance of appointments are coming in slowly, and I must be back here so as to make Astoria Sunday afternoon at 2 o'clock. We want to make this census a success for Oregon, and every city in my district, and I want again to urge the people to help. Every merchant In every town can do his part by talking to his customers and explaining the necessity of having the information ready for the enumerators when they call." Mr. fBeach will hold a school for in struction each evening after his return to Portland. PERSONALMENTION. George W. Ralston, of Astoria, is at the Oregon. J. W. Irwin, of "Walla Walla, registered at, the Oregon yesterday. E. F. Benson, of Prosser, Wash., Is registered at the Portland. Mrs. I. F. Dunbar, of Astoria, is among the arrivals at the Portland. Edmund Kelly, of Hood River, is among the Oregonlans at the Nortonia. W. C. "Adams, a Newport, Wash., mer chandise dealer, is at the Perkins. Fred Payne, of Marshfleld, can be found at the Seward during his stay in the city. W. T. Stephens, retired capitalist of Seaside, came to the . Cornelius yester day. Mr. and Mrs. George H. Graves, of Salem, are at the Nortflffia for a few days. W. D. Barnes, Interested in the timber belt In the vicinity of Bend, Is at the Perkins. C. R. Grelsen, interested In Hood River apple lands, was at the Lenox yesterday. W. J. Kerr, president of the Oregon Agricultural College at Corvallis, is at the Imperial. Ed Wright, of La Grande, is making headquarters at the Imperial during his stay in the city. Mr. and Mrs. H. M. Harps, of Maryhill, Wash., are located at the Seward as guests of Sam Hill. C. K. Spauldlng. manager for the Spauldirur Lumber Company at Salem, Is at the Imperial today. Mrs. J. A. Fulton, of Astoria, is among the arrivals at the Cornelius, and Is ac companied by Miss Fulton. Mrs. George W. Warren, wife of the promoter of Warrenton, yesterday joined her husband at the Portland. EX W. Burch. wife and two daughters, of Spokane, were at the Lenox yester- Coff This is a story of a youngster who suffered so badly from the effects of coffee-drinkinjr, that Dr. J. N. Hurty, Secretary of the State Board of Health of Indiana, had to take a hand. The Indianapolis NEWS published a long account of the case the news (?) went forth and papers throughout the country have given it much publicity. From these reports we quote "An eleven-year-old boy (Roy Schoolman) of Indianapolis had to be forcibly taken from school and given treatment. The constant use of coffee, it developed, had entirely changed the boy's happy, bright dis position to one of nervousness, with morose spells, when he attempted to fight everyone within reach. He was watched and his extreme addiction to coffee was discovered. One effect of the coffee Is said to have been to deaden the brain faculties, changing, the victim from an eager learner to a stupid- school dunce, and a little later verging upon Insanity. Since the coffee has been stopped physicians report that he is now re suming his normal mental tone." "Why marvel? Is this news to thoughtful people? For fifteen years we have preached the harmful effects of coffee upon head, heart and nerves. Almost every day letters are received just as conclusive and impressi-im as this case. More than a thousand letters were received in'one month from people all over the coun try with various ills BEFORE they changed from coffee to POSTUM, and who either entirely recovered or were much benefited. That coffee IS HARMFUL to many even in moderate quantity is an old, old truth, and that it is dangerous when used to excess has also been time and again proven. All of which proves to even a casual thinker that for-" Postum day en route North from a Winter in California. J. H. Eakin, Judge of the Sixth Judicial District, came up from Astoria yesterday. He is located at the Imperial. George W. Hayes, interested in the development of Vale and its oil fields, arrived at the Perkins last night. H. Greenside, heretofore interested in the Inland Empire, is at the Ramapo while looking for Oregon investments. W. G. Sylvester, of Hood River, is among the arrivals at the Seward, and is accompanied by his mother, Mrs. F. E. Sylvester. Thomas FJdgar, one of the foremost lumber operators at Falls City, was at the Imperial yesterday en route to Coll ins' Hot Springs. F. H. Hopkins, largely interested in the growth of Med ford, headed a large list of Southern Oregon arrivals at the Portland yesterday. L C. Evans, wheat dealer at Dnluth, Minn., arrived at the Ramapo yesterday and will make an examination of grow ing and shipping facilities at this port. Howard Guyn, registering from Lex ington. Ky., and a member of the Port land baseball team, arrived from San Francisco yesterday, and is located at the Seward. Major L. H. French, a former member of the Roughriders, a Nome miner and now operating in the oil fields at Vale, came to the Oregon yesterday. He is accompanied by E. L. Park and C. B. McConnell. BETTER TERMS WANTED MAYOR AXD COMMITTEE TO MEET RAILROAD MEN. Bridge Sites to Be Inspected by Officials Before Street Vaca tion Question Is Settled. Mayor Simon and Councilmen Rush light, Menefee and Wallace, comprising the special committee to conduct ne gotiations between the city and the rail road corporations as to the Broadway and Steel bridges, will go to the East Side at 2 o'clock this afternoon to make an Investigation of the situation with re gard to certain street vacations asked for by the O. R. & N. Co. At a brief meeting, held yesterday morning at the City Hall, the committee discussed the offer of the O. R. & N. and of the Northern Pacific Terminal Com pany, made public Saturday, but reached no definite conclusion. "The members of the committee may have supplementary concessions to ask from the railroads." said Mayor Simon, "and. before making any reply to the communications of General Manager O'Brien and of Manager Lyons, represent ing the O. R. & N. and Terminal Com pany, we want to go over the ground and make another inspection. The mem bers of the committee feel that these companies have made their offers in good faith, and that there is much merit in each offer. But nothing is to be done in a hurry, and we will take plenty of time to make certain of the city's inter ests before making any reply." In exchange for the right of way .asked for by the city for the Broadway bridge, the O. R. & N. Co., by General Manager O'Brien, has asked for the vacation of about 14 blacks, needed by the railroad for business purposes. The Terminal Company, for the same privilege, wishes some vacations also. Next Monday at 2 P. M. the first issue of t250,000. 30-year bonds at 4 per cent interest, will be offered for sale. The validity of these bonds Is being attacked by enemies of the Broadway bridge proj ect, who have carried the case into the courts. It will not be settled by that date, but Mayor Simon and friends of the project believe that the legality of the bonds is so certain that no one will pay any attention to the cases, if they want the bonds at all. BAY CITY MAN ARRESTED Selling Drugs Without License Is Charge Placed. Patrick Mullen, of San Francisco, a patriarchial-looking old man with flowing white side whiskers, was ar rested yesterday upon the charge of selling drugs without a license. Mr. Mullen Is the agent of the W. J. Van Damme Kidney Tea Cure. The com plaint was filed with the District At torney's office by State Senator C. G. Huntley, of Oregon City, who is sec retary of the State Board of Pharma cists. Mullen has a small store on North Third street between Flanders and Gil san streets. He denied all knowledge of the con coction sold under this title, said that he knew nothing about its ingredients and referred the authorities to Pat McDonald. 304 Commercial Club tuitld ing, and to Charles Mayer, proprietor of "Pap's" restaurant, at the foot of . The Boy ee vs There's a Reason 9f Cereal Co., Ltd., Battle Creek, Mich. Tfie Important Problem. confronting anyone in need of a laxa tive is not a question of a single ac tion only, but of permanently bene ficial effects, which will follow proper efforts to live in a healthful way, with the assistance of Syrup of Figs and Elixir of Senna, whenever it is re quired, as it cleanses the system gently yet promptly, without irritation and will therefore always have the preference of all who wish the best of family laxatives. The combination has the approval of physicians because it is known to be truly beneficial, and because it has given satisfaction to the millions of well-informed families who have used it for many years past.. To get its beneficial effects, always buy the genuine manufactured by the California Fig Syrup Co. only. For Candy ll Patronise thm "Modem Ia!er 1 1 mrn Cenf UcmTy Co.. Mtn., rortland. Qfi. j the Morrison-street bridge, whom he said were the manufacturers and own ex's of the cure. Mr. Mullen said that he had no knowledge of medicine or of the phys iological action of the medicine he sold, but that he had been employed to come here from San Francisco without any previous experience to sell the medi cine in this city. He was released on bail and will be arraigned before Jus tice Bell today. , AUTO RACERS PAY FINES Winner off FrU.ndly Contest Figures He Is Stili Ahead of Game. Tom McMillan and Fred IXmdee, employes of the Columbia Trust Com pany, were arraigned before Justice Olson yesterday to answer to the charge of speeding their automobiles along the Base Line road and were each fined $25. The arrest of the two men grew out of a race held from Montavilla to the Twelve-Mile House and return a week ago Saturday, on which the men had wagered $200 a side. Farmers' horses along the road were ' scared and at several points accidents J were narrowly averted. The terrific pace set by the two cars threw the whole neighborhood into a state of excitement. Sheriff Stevens office was notified and complaints were registered by more than 20 people living along this road. At one point the speedy cars were timed and at the arraignment of the two drivers yesterday Sheriff Stevens was In the possession of evidence to show that they were going at 67 miles an hour when caught by a stop watch. The race resulted In vietory for Tom McMillan, who laughingly remarked yesterday that it had earned more than enough to pay for his fine. . The Demon Of The Air Is the germ of LaGrippe, that, breathed In, brings suffering to thousands. Its after effects are weakness, nervous ness, lack of appetite, energy and ambi tion, with disordered liver and kidneys. The greatest need then is Electric Bit ters, the splendid tonic, blood purifier and regulator of Stomach, Liver and Kidneys. Thousands have proved that they wonderfully strengthen the nerves, build up the system and restore health and good spirits after an attack of Grip. If suffering, try them. Only 50c. Perfect satisfaction guaranteed by all druggists. Are you frequently hoarse? I you have that annoying tickling in your throat? Does your cough annoy you at night, and do you raise mucus in the morning? Do you want relief? If so, take Chamberlain's Cough Remedy and you will be pleased. Sold by all dealers. . baatjefa1 ii Of-ncE I U l AST 79 I ' ftKMCTT II paaaaoa Irvington The most valuable residence property on the East Side. The section shown on the map is the most valuable section of Irvington. In this section every street is completely and excellently improved. It is the finest im proved residence section of Portland. All im provements bonded. The prices we are asking; for these lots are much lower than in other sections of Irvington. They are too low. So we are going to raise the price of every lot $200 May First These lots have the best streetcar service la Portland NOW. Cars every three to five minutes and only a twelve-minute ride from Fifth and Washington, to the property. The Fifteenth-street extension of the Irv ington line will be completed this Summer and will cause the . values of these lots to double. When this line is running these lots will be between two car lines and only one block away . from each of them. The time to buy Portland property is now, while prices are low and values high. The property that will advance in price most rap idly is close in and near good car service, im proved, restricted and near a large school. These Lots Are Just Such Property , Take Woodlawn, Alberta or any other car running out Union avenue. Get off at Knott street. Walk one block east to our Irvington office. Mr. Mumford is in charge and will show you about and answer all of your ques tions. Corners, lOOxlOO $3000 Inside Lots 50x100 $1250 10(o Down and 25 Per Month Rountree & Diamond MR. WAGE EARNER iMONTCLAiRl For the man of moderate means MONTCLAIR presents the best investment in Portland today. Read that again, Mr. "Wage Earner realize it buy it. The Jacobs-S tine Company Largest Realty Operators on the Pacific Coast 146 Fifth Street ANY BREWER CAN MAKE A BEER HEAVY WITH ALCOHOL But it's a rather extraor dinary occurrence to find a beverage like OlympL. beer that contains cuch a small proportion of alcohol. Scientific analysis shows there is but 3l2 per cent of this ingredient in our product. Olympia Beer is refreshing and invigorating; a genuine tonic. "It's the water" we use that makes it so pure and wholesome. Other brewers, no matter how modern their methods, can't attain the success we have because of the lack of good water. If you want really healthful beer, order a case of Olympia. Olympia. Beer Agency 330 Johnson St. Both Phones Main 671 or A 2467. j'jjjjj 1 mworai SCHOOL K Of tttVlHOTON " T 241 Stark Phores:- .'Main 6869 A-6267