. i
t TZIK HOKXIXG OREGOSriAy. 8ATTTRPAY. NOVI-aiBER .5. 1910. -H
N
V
BROADWAY BRlUb
E
. 15
NOW
ASSURED !
City's Demurrer Sustained and
Port of Portland's Injunc
tion Loses.
CITY CHARTER IS RECITED
Judge Cleland Throws Obstruction
ist! Oat of Court Commission
Hu Xo Say Over Bridges,
Is Part of Ruling.
The obstruction suit recently brought
by tha Port of Portland In an effort to
prevent the building of the new Broad
way bridge was summarily swept
aside by Presiding- Circuit Judge Cle
land yesterday morning. Tbe city
' which was made the party defendant
to the suit, had Interposed a demur
rer to the petition for an Injunction.
Judge Cleland sustained the demurrer,
thereby throwing the Port of Port
land out of court. ' He held that the
Port ec Portland has nothing to say
as to where, when or how bridges
shall be built orer the Willamette
River, as he said the Legislature has
looked upon the city as having powsr
over these matters.
In reviewing the history of the Port
of Portland the Judge said It was char
tered In February. 1391. and was then
given control over the Willamette
and Columbia Olivers wltfetn its juris
diction to the full extent Vossessed by
the state. But there was a provision,
he said, that this power ehould not be
construed to permit the Commission to
remove existing bridges. The charter
was amended In 1. and revised In
1901. One section of tbe charter (No.
S9 provided that the powers of the
Port should not Interfere with the pow
ers of any city within Its territory.
The charter of the city received In
1S91. said the Judge, gave It power
over wharf landings and the removal
of obstructions from the rivers. An
other charter, received by tbe city In
1J. provides that "nothing contained
In this art shall operate to
prevent the exercise, by the City of
Portland, of the power herein conferred
to construct and maintain bridges
across the Willamette Kiver."
Two bridge committees were created,
one In 11 and another In 1S9S.
STRKET WinF.NINU CONTESTED
Property Owners on Seventh Object
to Proposed As'wswment.
Proposed widening of Seventh street,
from Hnyt to Buroslde. to provide suit
able thoroughfare for the outlet of the
Broadway brtds?. was the cause of a
stubborn controversy st the meeting of
the street rommltte of the City Coun
cil yesterday afternoon. The protests
against the iwmneflt for the widening
of the street were overruled by the com
mittee, end some of those who spoks
against tho Improvement Intimated that
the courts would he ssked to prevent
tlie aaaerstnent.
Among tho who. made the more
vlgeroiis protests sgalnst the assess
ment for the widening of the street were:
A. K. Clark, sttorney for a number of
property owners on the street; Max
Cohen. D. Rolls Cohen. C. K. Henry and
Henri Lsbbe.
When O. K. Henry lns'er.cd that there
was no reason why the Improvement
should he made. Councilman Wallace
explained that Us purpose was to provide
a thoroughfare to connect with the
Broadway bridge.
"But you haven't got the Broadway
bridge yet." mid Mr. Iionry significantly.
"We're going to have It. though." re
plied Mr. Wallace.
As various members of the committee
spoke In favor of the Improvement. D.
poll Cohen became Indignant, aud taking
hie hat up suddenly, started rapidly for
t'w door, remarking as lie went:
"If the committee has Its mlniTTnade
up. we might as well quit There are
other methods by which we csn pre
vent It."
After much heated discussion. Council
man Lombard made a motion that the
protests be overruled. The motion wae
carried, although Cot-nrtlmen KubU and
B'ldlng voted against it.
Seventh street is now the same width
ae the other streets running parallel with
It. it la planned to Increase Its width
from (a to lu feet by adding ten feet
to each side.
The objection to the Improvement waej
made yesterday that the Ciutom-Hotisj
faced on tr-e street, and that It could
not be cut down to permit of the pro
posed widening. Some of the members
of the committee, however, assured the
protectants that arrangements for thia
charge bad already been mada with the
Government. '
JOINT INVITATION SENT
Cities Cnlte In Crying Temperance
Women's Convention Here.
Commercial bodies of a Oregon cities
win jo n the members cf the w omen's
rhrtstian Temperance Union In the Invi
tation to the convention of their or
ganisation at Balttmose November 1J to
hol-1 Its 1513 meeting in Portland. At
the Balttrnoro seiuvon a lantern stl'le
bearing the following message will be
thrown upon a large canvas:
"pear Mother National Your Oregon
daughter extends you an urgent and
loving Invitation to bring your entire
family to our beautiful Boas City. Port
land, for a loe f"" iu connexion with
ti convention of ISif
This will be ' rnd by the local and
state officer. Tim invitation will be sec
onded by the two commercial bodies of
thia city, as well aa ipom of Mod for J.
Btalem. Oregon City, Hood River and
Tne Pa!! re.
Mr Ails Wallace- fnruh. seats preel
Jnt for Oregon, will present the invita
tion. ASKS FREE WATER -MAINS
flat a- f-uburhan Resident Think
Otherwise of Tract Owner.
PORTLAND. Or. Nov. . (To the Ed
itor ) Pnor to 10T, I believe, water
mains were laid at expense of water
consumers. fmc then, such pipes ss
lbs Water Board has ben able to lay
have been assessed to property ewners
served thereby. In other words, the
water ayetem has been established and
continued up to 1907 at subtle expense,
which the water system has raid with
no heavy burden on the water con
sumers. Since that time it haa been
necessary for consumers to pay tne cost
of main to brlug water to them before
they ran have tliat for which they are
willing to .pay.
There are parts of the city today in-
adequately served with water by prl-
by the city. They desire city water and
are willing to pay regular city prices.
These sections of the city will pay
enough into the water fund more than
to defray Interest on the investment for
mains necessary to aupply them. Why
ahould these sections not be served with
water on the same terms aa the major
portion haa been served for years? Why
should these people, who have suffered
for years because of an Inadequate
water supply, be compelled to pay the
cost of mains and then pay for water
at the. same rate as the rest of the
riry Is paying when their mains were
laid without cost to them?
The water system of the city of Port
land being a gravity system and cheap,
can eaaily supply all its inhabitants
with an adequate supply of the bsst
water at moderate rates and pay all
expenses of extension and maintenance.
And. moreover. It la the duty of the
City of Portland to aupply all Its citi
aens with an abundance of water. In
stead of leaving many thousands of Its
citizens without adequate water and
at tbe mercy of the private waterman,
who compels payment of whatever he
seea fit to charge and auppllea aa little
water as he pleases.
The matter of laying mains to tracts
being platted for the market is another
question altogether and should be dealt
with accordingly.
I have written these lines In the In.
tereet of the many thousands of Fort
land cltlsens who are not provided
with wttsr. J. W. SPBIGQ3.
ROAD MUST PAY SHARE
RAILWAY "WOCXD AVOID COST
OP STREET IMPROVEMENT.
City Attorney Say Corporation Most
Bear Portion of Expense on nine
teenth. Though Ralls Gone.
Either the Portland Railway, Light A
Power Company must pay Its share of
the improvement of Nineteenth street,
from which the company haa removed its
rails, or the city itself will be compelled
to meet the obligation, according to the
instruction City Attorney Grant gave,
the street committee yesterday afternoon.
The committee recommended that a re
assessment providing for the improve
ment should be made in which the street
railway company must be required to pay
Ha share.
It waa asserted by members of the
committee that tbe company did not begin
to remove ita tracks from - the street,
until after tho improvement had been
ordered. The City Attorney, however, ln
alsted that the law does not allow the
vacation of a portion of a franchise
without the) consent of the Council, and
tha, consent had not been obtained by
the company.
In a recent written opinion, furnished
by Otty Attorney Grant upon the request
of the atroet committee, be declared that
the railroad company had been In the
habit on various occasions of taking up
Its tracks where streets were to be Im
proved, end that in spite of written
opinions of ex-City Attorney Kavanaugb.
the company had been escaping Its ahar
of tha burden for the Improvements.
The franchise granted the company
requires that It must Improve the atreets.
through which Ma tracks run. wnen tne
city requires a hard surface Improve
ment for the street, between the rails
and for a dtatance of one foot on the
outside of the outside rails. To asarsa
the property owners for this part of the
Improvement, would not oe legal, aa
long as the franchise la effective, accord
ing to Mr. Grant's opinion.
ITALIANS DISTURB COURT
Both Men Sent to Jail Following
Outburst of Heated Language.
Arrested n a charge of opening let
tors addressed to his brother-in-law, Vln
censa Loglo's hot Southern blood boiled
over In the court of United 8tates Com
missioner Cannon yeaterday afternoon.
and in order to prevent trouble the pris
oner had to be removed to the ball while
the complaining witness delivered hlei
testimony. Both residents ot utile
Italy" are now in JalL Login could not
understand or speak English, but he
spouted Italian faater than a snow slide
ever ran down the steeps of Mount Mo-
Klnley. The court interpreter could not
underspend Ixigio. but from the expres
sion of his face, the cowering demeanor
of his relative and the physical demon
stration of both parties. It was considered
advisable to lock them up.
It la asserted Antonio Froeonl loaned
Lcglo HOfl which - the latter failed to
pay. Froconi then had Loglo arrested on
the charge of violating tne postal tawei
WOMAN 0UT0F POLITICS
We call the attention of the electors
to an article on Woman Suffrage pub
lished in the current number of tha
Hlbbert Journal. It Is from tha pan of
Frances IX Low. We qNiot tha follow.
Ing sentences:
"We conceive there csn be nothing
more fatal for the Nation than that wo
men ahould be transformed Into ardent
political partisans. Woman should have
a moral force to be exercised at ail
times through the Individual, tha borne
and the society; a force .hlgnor than
that wielded by any party and able to
make Itself felt, collectively If need
be. In times of National danger.
"Kven now acorea of hard-hearted
women, caring nothing for humanity,
nothing for tne welfare of the clii'dren
. . . spend their energies and time
in 'committeesand boards and political
federations.' rh which all aorta of ad
mirable "reforma" are for ever discussed,
whilst not one single child .Is made
harrier or cleaner, one single wretched
mother helped or sustacd. Women
need to exercise personal influence mora
than ever, for we are In much danger of
trusting to legislation and political or
ganization for what we could do per
sonally with a little sacrifice of our
own selfishness and greediness."
Fale Ballot Title.
The title of the suffrage amendment
on the official ballot would Indirsts
that It la proposed to give votes to
tax-paying women only. Thia title Is
false and misleading. An examination
of the measure proposed will show that
It gives the ballot to all women, native
born or naturalised, and not o tax
paying women only. It Is the same
measure which hss been three times de
feated daring the last ten years. The
voters ought not to be vexed with It
this year and they should beat It so
decisively as to Insure that it will not
be proposed at the next election.
OHKOOS STATK ASSOCIATION
OPPOSEO TO THE EXTENSION
OK HVFFRAGE TO WOMEN.
MRS. KANCIS J AM Eg BAILEY.
President.
(Paid advertisement.)
le-wis County FTultnien to Meet.
CHEHALL1S. Wash.. Nov. . (Spe
cial.) A meeting of Lewis County
fruitgrowers and others Interested la
that Hie of business has been called to
be held In this city November 1J. It
Is expected there will be a good attend
ance as some of the heavier growers
are taking considerable interest in the
subject. The neighborhood tributary to
Chehalls la rapidly becoming quite a
Folks' cx!
XE -TT - t j T ' - II II us"' l-ltr I-" i.a , i-i : II III JT--
H
Tee
Well,
ere We . Ate
caret 1
FIRST of all and we are truly sorry that the number of lots we hare for sale Is
limited we will accept reservations in the order received at our office. There
are only 141 lots In the tract at this writing Friday noon 30 have been re
served. These thirty reservations were made without our ever having adver
tised in the papers where the property is. ,
THE picture at the top of this announcement shows this beautiful tract. Located
on the Base Line Road, right near Mount Tabor. We have never had any
thing like this tract to offer to the people of Portland, and probably will never
have again. Monday will be the opening day. Xo lots will be sold before
then, but reservations can be made. There are 110 lots unreserved now. On Mon
day we will allot the property in the order the reservations have been made.
Moumt
IS the name we have given the tract. A truly befitting name for this beautiful
scenic, easily' accessible, magnificent view, home site tract. Take the Mount
Tabor car marked S S in front. These cars run down Morrison f rom Eleventh.
It's a little over a twenty-minute ride to Mount Vernon Station. You can't miss
the sign Mount Vernon. Everyone will want one of these lots, but, we can supply
only 141. Watch for Sunday papers. We will have something more to say.
. tr aaveral commercial orch
ards having been planted. Quality of
la vTmIs -S&P ' !
soms or tne irun
. . . a m i a kali avail thAt am, IT
unurpiwj " .....
orsantaaUon will give preat incentive
to th buimeii in mmj
eawae-sewwss-sssse-sar-awasBSSSSSsssssssss-w.
CAR SERVICE PROTESTED
Brooklyn People Pay Condition Are
Worse Than Yeas.go
x.ni. onmnelled to use the Brooklyn
cars to reach tha West Side complain
the service on mat line ouruw i
ish hours morning snd night, and es
pecially between & and 7 P. M. Jt is
arced that between fcnese nm n
1 almost oany oceunrnc ,n
i-.. it.minnu .,hriuia is broken.
and that one or two trips of the east
bound cars are dropped entirely, leav
ing people waiting all along the line.
In addition to mis, reeiueuia
cha
plain, the ears are seriously over
crowded. More than a year ago a dele
gation called on the offioials of tha
Portland Railway. Light A Power Com
pany and asked for and received better
service. This improved service lasted
six months, and residents say that con
ditions now are worse than a year ago.
The population haa Increased in the
territory tributary to the Una, but the
service has not.
The ear service question was brought
before the Seventh Ward Improvement
League Thursday night. It was the
sentiment of the league that no relief
could ba expected from the street car
company and that a public service
commission with power to require the
company to provide adequate service
was the only remedy. Ben Rlesland
announced that In two weeks the meas
ure to provide a municipal service com
mission would be completed by attor
neys who are at work upon it, and that
It would be submitted to vote next
June, Mr. Rlesland declared that the
Brooklyn people were not the only ones
suffering from insufficient ear service,
and said that all appeals to the street
railway company and tha City Council
were wasted effort.
Lane to Speak at Falls City.
FALLS CITY. Or.. Nor. 4. (Special.)
Dr- Harry lane, ex-Mayor of Portland,
will be the principal speaker at the po
litical meeting bere Saturday evening,
November 6.
Scllwood to Have. Catholic Church.
' At the meeting of the Catholic people
of Bellwood Thursday night, Hev. Father
Gregory presiding, it was voted unani-
Nesmith County
S1 X, YES.
would perpetuate the name of that
Illustrious Oregonian. Colonel James
'W illis Nesmith. a pioneer of 1843. The
proposed county is a development
proposition pure and simple. -(Paid
Advertisement)
mously to erect a fireproof church and
schoclhouse in one building on the block
purchased on East Fifteenth and Miller
streets. The cost will be from JS000 to
$10,000. J. K. Kertchem, Peter Beroern,
E. D. Edwards, Martin Peters, J. Valk
anil J. DelV. were appointed to secure
plans, fundg and erect the building. This
CAREFULLY CONSIDER
Will you thoughtlessly cast your vote
to create new counties where three
fourths of the tax payers oppose it?
Postpone creation of new counties in
the State of Oregon until the people
have placed a law on our statutes per
mitting only voters of affected dis
tricts to vote on any question that
affects division of their territory. Other
wise your home, your life's work is at
the mercj- of every ambitious hamlet
and would - be office holder within
your present county boundaries.
(Paid Advertisement.)
committee will be assisted by Meadames
Schneider, Dell and Leonard. It was de- .
elded to start building by next April.
THE PROPOSED MODE
LICENSE LAW
IS SHOWN IP BY THE CATHOLIC
SESTIMSL.
The editor in the. issue of Novem
ber 2 says:
"The liquor people now come for
ward with a 'model license law,'
which, they say. would clean up the
Saloon business permanently. But the
public has begun to notice that It is
only at election time, when threatened
with prohibition, that the liquor inter
ests bother themselves about reforming
the saloon. When the danger is over
the 'model license law' Is sent back, tot
cold storage."
(Paid Advertisement)
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