Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 7, 1911)
6 STATE BOUNDARY DISPUTE IN AIR Washington Willing to Con cede Much, but Oregon Delays Acceptance. NO DECISION YET REACHED ConuuiMloseri of BoUi State Make Trip to Territory Question. Sand Island I Or ton's If Commonwealth Accept. ASTORIA. Or.. Jan. . (Special. T members of the Oregon and Wash ington State Boundary CommlMlon and party, consisting or Governor nay. nsn Commissioner Klsaland. Slat Treaaurar Lewis and Attorney-General Bell, rep- ; resenting Washington, and Judge a. J. Cake. Plata Engineer Iewla. Attorney Aeneral Crawford. Fish Warden Clan- ton and H. C McAllister, representing Ore a on. left today on the steamer Mel vllle for a trip to the varloue polnta in dlsDute. The party wa accompa nled by state senator Lester and Rep resentative Belland from here, and Senator Espy and ex-fienator McOowan. of Pad He County. The trip Included a visit to Puget and Sand Islands mm well as an In spection of tba conditions at the varl oaa other sands In which tha two atatea all Interests. "While the questions at Issue were dls- rassed. no decision was reached ana Judge Cake, chairman of the Oregon committee, stated tonight that nroh ahlv none would be srlven out until inna future meeting Is held. There la no dispute between the members of the commission regarding the legal ngni f Oreron to the ownership of 3no isl and under the recent ruling of the Vnlted States Supreme Court, and the principal matter nnder consideration la tbe desire of Washington to purcnase that Island, giving In return all Its In terest in the MlUer sands. Oliver sands aad all of the other tide Islands over which there Is any question of jurisdic tion with the exception of Puget Isl and, and paying In addition thereto whatever consideration may be agreed upon as the value of the property. The Oregon Commissioners would make no statement as to the niertta of this offer In their opinions, simply savins; that nothing bad been decided yet. One matter that the member ap rear to be unanimous upon Is that when the boundary line la once adjust d Ita exact location should be definite ly fixed by the establishment of monu ments and Its report undoubtedly will Include this recommendation. OREGON' gllOILD HOLD ISLES Ez-Scnaior Fulton Voice HI Sentl meat on Boundary Question. PORTLAND. Jan. . (To the Editor.) 1 understand that tha Oregon-w ashing ton Boundary Commission Is now In session, and a Vancouver dispatch published In The Oregonlan this morning states that they "will attempt to agree upon a new boundary Una between the two states and settle the dispute over the ownership of eltnd Island. t have no doubt but that the Oregon Commissioners are fully alive to the In terests of their state, and will carefully sroaxd and protect them., but the work In which they are engaged la one of ex ceptional Importance and Interest to the people of this state and a proper subject for public discussion, i cannot suppose that our Commissioners will, for a mo ment, consider a proposition to establish a "new" boundary line, or will admit 1 bat there Is. or In reason can be. any dispute as to the ownership of Sand Island. The effort should not be to agree upon a new line but accurately to locate the existing one at all points where Its location Is really doubtful. It Is quite likely that Washington would be pleased te secure an agreement tor a new line which would transfer Sand Island to that state, but I cannot conceive of a citizen of Oregon agreeing thereto. The truth la that there existed but slight, if any. reason for creating this Commission, but belnr created. Its work should be limited to defining tba bound ary from a point east of Snag Island, up the Columbia. From the mouth of the river up to and past Snag Island t Me derision of tha Supreme Court of the l otted States In the boundary ault clear ly defines and locates the line. I have never heard that any dispute of Import ance exlsta as to Its true location beyond. If. however, any doea exist, the Com mission should consider and report thereon. In the boundary suit Washington con tended that the middle of the south channel of the Columbia was the bound ary, while Oregon asserted that tha middle of the north channel waa the line. The court held with Oregon. The claim of Washington was that one-half of As toria's harbor, which would have ln rfaded all its anchorage grounds, waa Washington's territory. She claimed not only Sand Island but Desdemona Sands and Snag Island aa well. The court ex pressly held that these islands are In Oregon In the opinion delivered on the petition of Washington for a rehearing, the Supreme Court said: There are practically two matters present ed, one whether the boundary near the month ef the I'olnrobla Klver was and la the channel north ef Hand Island. We held tbat It was. and with that conclusion we re still satisfied. It Is unnecessary to re state tbe nuou therefor. As to Snag Island, the court said: With reference te gnac island, the ques tion Is a difficult one.. We agree with coun sel that tha term wldeat channel" doee not mean the broadest expanse of water. There must be In the first instance a channel that la. a flew ef water deep enough to be used and In fact used by vessels In passing up and dowa the river: but It does not mean the deeoeet channel, but simp!? the widest expanse o water which can reasonably be called a channel. Now. close to Snag island there appear several channels, the principal ones being the Woody island rhannel and rdell channel, both used at dinvrent times by vessels aavicatlng tha river. Tha Cordell channel runs to the north of Snag Island, the Woody channel to the south, while the boa a Jar y claimed by the state of Oregon runs In a channel far to the north of both Weedr Island and Cordell channel. Further, It appears that la I December. JSTT, the State of Oregon conveyed Snag island, la consideration or tne sum oi S14AIS. te 3. W. snd V. Cook. While of course thta Is not conclusive, yet taken In connection with the fact that the State of "WaeaSngtoa has never attempted te Inter fere wita the Juris 1lct ion of tbe State of Oregon ever Srvas Island and the doubt that aaags about tbe position and depth and width ef tbe various channels In the vicin ity at the time ef the admission ef the State ef Oregon, we held that that Island la with in Its territorial limits. It la true the court called attention to tha fact that the two atatea might. If they saw fit. with the consent of Con arreea. establish any other line. But why should Oregon abandon Its title to any of thee valuable fishing grounds? Tba Vancouver dispatch says thst Washington proposes to abandon her claims to Miller's Sands In exchange for title' to and Jurisdiction over Sand Island. Vo daub. aha would, and nrobably. In addition thereto, she might be Induced to abandon any claims she may have to the Willamette Valley, they being equally as valid. If there la. at any point, real ground for a dispute aa to the true location of the line, tha Commissioners should en deavor to reach an agreement, but from the mouth of tha river up to and past Snag Island there Is absolutely no ques tion as to where the Una la. since tha decision of tha court, and Oregon will not. I trust, ever consent to part with anv tarrttnrv that la unoueationably with in her boundaries. Washington la nat urally anxious to acquire ail tha Islands that would be north or a lino ioci south of Sand Island. They ar valuablo for nshing purposes and yield a consider able revenua to the fund for fish propa gation, but why should Oregon not re tain themT Tbey are equally valuable to ber. C W. FCLTON. HILL TOlilf WAT VANCOUVER - PORTLAND TRAF FIC MAY BE GREATLY AIDED. Rumor of Drawbridge Chan Over Columbia Given Credence In terest Taken In Plan. VANCOUVER. Wash.. Jan. t. (Spe cial.) That the Hill system will elec trify the railroad over the bis; steel drawbridge over the Columbia River between Vancouver and Portland, and run streetcars between the two cities. In opposition to the Portland Railway. 1 .1 e h t a Power Company, is the rumor current In Vancouver and Portlsnd for several days. If this should happen It would nave a tendency to lessen the traffic on the ferry and atreetoar Una between Port land and Vancouver, and poaalbly cause tha ferry to take off Its night crew. There would be use for the ferry In the daytime to carry across the teams and vehicles, but there Is little traffic of this kind at night- There are already two tracks across tha bridge Into Portland, so that all that would be required to make the change would be placing the electric wire. These cars could make better time than a passenger train. The rail road company Is already putting In an Interlocking system between Vancouver and Portland over the big bridge, ana thla could be used to operate the street cars aa well. With this system, if the draw la closed, the oar would not have to stop, but If the draw Is open. or Is about to opart, the proper signal Is placed. Trafflo between Vancouver and Portland is Increasing daily and the present system of changing from the ferry to the care, and much of tha time waiting a half hour or mora, grows tiresome to traffic. GILL RECALL HALTS Court Enjoins Council From Appropriating Cash. SPECIAL ELECTION WAITS Jurist Declares Justice Should Re strain Misappropriation of Pub lic Money for Cause Fur ther Action Expecte d EUGENE ROAD FINANCED EASTERN CAPITAI BACKS ELEC TRIC LINE TO COAST. Rich, Undeveloped Territory to Be Opened Up Eugene Business Men Prime Movers. EUGENE. Or Jan. . (Special.) The Lane County Asset Company, of this city, today entered into arrange ments with a representative of East ern capitalists for the financing of the proposed electric railroad from Eugene to the coast. An Indemnity bond of 135.000 has been furnished by the East ern financiers. Insuring the completion of tha road. Tbe work of grading will begin near tha waatern limits of Eugene and will be pushed toward Elmlra as aoon as the necessary equipment can be assem bled. The first 20 miles of road will be put In operation as soon as com pleted, after which tha line will be continued to the mouth of the Sluslaw nd thence to Cooa Bay. A survey of he route has recently been completed and a good grade has been found the ntlre distance, no tunnel construction through the mountains being neces sary. The proposed road will open up a large territory which has hitherto been hindered In Its development becauae of he lack of transportation facilities. Tha Asset Company is composed en tirely of Eugene business men who have been working on this project for the past two years. Besides the sur vey, the company owns valuable prop erty In this city. Including a right of way over Fifth street. COMPANIES ARE ASSESSED Tax Commission's Total Valuation for Taxation Is 997,263,304. 8ALEM, Or.. Jan. . (Special.) Inas much as It la the first table ever pre pared by tba State Tax Commission show ing the apportionment of assessed valua tion of the public service corporations mentioned in the act creating tbe Com mission, additional Interest surrounds the statement just completed. It shows the net apportionment of valuation after equalisation and represents a grand total of t97.S63.3o4. The assessment by coun ties showing the valuation of publio serv ice corporations, these corporations in cluding railroad, electric road, telephone and power companies, is as follows: Valuation. 1 4.020.3U 670.W2 , 3.1.13.817 KT1.H2S ................. 2.IKM.021 2 .- m.iHO . 4.U64 S.ft.17.81a ................. Ta.1'10 3.773 2.0SU.1S0 4.033,815 1,670.824 2A.'.M IS. 1.12 s.zts.s.s 507. SJU S.2M.7'J 1.0A3.04 4.H-i.2rt7 3.2.1.&WI ;.7;.8S4 1.4M.71S 2,:i4.l4i x-.'.nivi 12.SSS.772 8.i5.8 1.3!d.l2S 1.KKI.740 1.641. 01 3.2(13 1.09i.477 Hi County sker .... nton ... larkamas latsop ... Columbia . oos ...... ook ..... Currv Pouglaa .. II lam ... rant .... inter . . . Hood Rlvar ackson oaepblne Klamath Lake Ljdc Lincoln ... Linn ..... alheur .. arion ... trrow ... uimomaa I'o'k hrrman lllamiok matllla . nlon ..... allows .. a sco .... Washington amhlll .. Total . . . SEATTLE, Wash.. Jan. C United States District Judge Cornelius H. Han- ford today enjoined tha members of the City Council from appropriating money for tha special election called for Feb ruary 7 to ouat Mayor GUI under the recall provision of the city charter. for alleged misconduct In office. The court's decision was handed down In tha case of a non-resident taxpayer against the City Controller and the City Council. Judge Hanford's decision says: Court Gives Opinion. "ft Is the opinion of the court that any taxpayer, resident or non-resident. Is entitled to all the relief which a court of equity has power to grant In suit Intended to frustrate efforts of a minority of citizens to reverse the result of a general election, by oust ing the choice of the majority when the means adopted for that purpose in clude fraud, forgery and falsa official certincates. "It Is the intention of the court to interfere aa little aa possible with the members of the City Council and other officers of the city in the performance of their duties,' but as at present ad vised. It will restrain tha misappropria tion of public money, raised by taxa tion, for expenses of a special election under this recall petition."- The advocates of the recall assert that tbey will not abandon their fight be cause of Judge Hanford's injunction and the order probably will be fought In the higher courts. A conference of leaders wss held tonight to consider plans for opposing the order. It is understood that the corporation counsel will take an appeal for the city to the' United states circuit court Immediately. City Government Disappears. "The thinness of tha opportunity which Judge Han ford has grasped can be realised when It is known. If tha court is to take cognizance of such sn alleged state of facta, as it appears to have done; that the 'Injured non-resident taxpayers' could by no possibility be injured to ex ceed XI; that he is a 'dummy' In the case, and, even if ha were bona fide, to call on a non-resident of this city to stop an election, regularly provided for under the law. in the manner 'Judge Hanford, tries to stop It. would mean that municipal government disappears and Federal Gov ernment steps In. a government by in jection such aa has been renounced by both Presidents Roosevelt and Tart. "Judge Hanford has no such right or power and for him to attempt to exercise any such right or power la an assault upon popular rights, an assault upon the supreme power of the state and a dis play of unrestrained arrogance never be fore equaled In the Judicial history of thla city or section. "Judge Hanford has ataggered In where angels might well fear to tread, for any Judge wbo Is bold and audacious enough to seek to smother a free people by wrongful and unauthorized use of tho great writ of Injunction, invites a popular wrath which, if it does not scourge him from the public service, will at least leave him without the sympathy and respect of hla fellows" The Post-Intelligencer tomorrow morning will say editorially: Shrewd lawyers in the heat and zeal of legal contests, maka many extraor dinary pleas, and often do violence fo the aound and aober reason of the law; In the warmth of debate things often are said which never would be said fn cooler atmosphere; but It Is unusual. it Is extraordinary that a Jurist of Judge Hanford s , long experience should or could have reached the con clusion reached and announced by him in the case of Frank H. Scobey. who prayed for an order of court restrain ing the recall election. The 1911 "Thirty" WINS THE MOST COVETED RECORD IN THE WEST Beat Los Angeles to San Francisco record by one hour and fifty-six minutes, and cut six hours and twenty-three minutes off round-trip record did an average of better than thirty miles per hour over country roads and mountain grades for 974 miles. Read the following message from the Cadillac dealer at Los Angeles: ; LOS ANGELES, Cal., Dec. 22, 1910. 1 Cadillac Motor Car Co., " 1 Detroit, Mich. Cadillac Thirty today completed most sensational record run ever made on Coast. Beat Los Angeles to San Francisco record by one hour and fifty-six minutes and cut six hours and twenty-three minutes off round-trip record. Left 5 A. M. Wednesday, reached San Francisco 7:49 P. M. The distance is 487 miles over six mountain ranges. Best previous record made by Bix-sixty Thomas, driven bv best racing driver on Coast. Also beat time of fastest night flyer on railroads. Stopped only eleven minutes ana witnout going to any garage buuieu ictu trip, completing 974 miles in 32 hours 35 minutes. This is the most coveted record in the West, i have been made to break the one-way record, -ine onrJ In-rinor nast VP3T fllllv t.Wfintv attempts rough roads and stiff mountain grades racked these cars to pieces before they had completed half the run made by our Cadillac. The car was a stock ,demi-tonneau model, with its full equip ment of lamps and fenders. It carried four passengers all the way. -This road champion was in such perfect condition when it finished here today that we decided to immediately start it on a six-day, non-stop run, without even going in the garage. -We did this to demonstrate conclusively to the public that" the Cadillac could not only accomplish what no othercar of any horse power or price had been able to do, but after this thousand miles of the most terrific road strain to which a car could be subjected, was in condition to continue running for six days without a single adjustment or repair. Parade of enthusiastic Cadillac owners fqllowed arrival of record breaker. Greatest reception ever given an automobile and its crew' in the West. California motoring public amazed at this wonderful record. Accept my congratulation for building America's greatest road car. . , - - , DON LEE, Cadillac Agent, j Covey Motor Car Company Seventh and Couch Streets FAIRBANKS RUN FAILS RECENT BANK SUSPENSION CAUSES lNEASINESS. JUDICIARY PROBLEMS UP Attorneys of State Asked to Briefs on Moot Questions. File Alaskan Institution, Now in Hands of Receiver, Will Not Reopen. Depositors Are Miners. .la?.; 43.304 WOOLGROWERS' EXCURSION To Clatsop Beach on the Pacific. After tha adjournment Saturday a party of deleiratra sod friends will leave Portland at J P. M. via Astoria A Columbia River Railroad, for Oearhart Park to enjoy a day or mora in tha salt air of tola famous resort. Tickets at booth in Armory or at North Bank Sta tion. 11th and Hoyt sts. colm cars hkadacre. Laxatlv promo Qulntns. tha world-wlds Cold and Grip ramedy removes cau. Call for full una iuk or signature E. W. OKOVE, Sic 8ALEM. Or., Jan. 6. (Special.) Supreme Court Clerk J. C. Moreland has prepared a letter, copies of which are being; sent to tha leading; attorneys of the state In which these attorneys are asked either to prepare briefs or appear In person be fore the court to pass on moot Questions involved in tne new Judiciary amendment to tne constitution. In this letter questions are formulated as to what tha court desires to pass upon. Clerk Moreland states that all other at torneys who are not recipients of these letters are also Invited to appear and Civa arguments or to file briefa The letter. Including; tha questions involved. as rouows: . The court, on January IT. 1911. will hear attorneys who are lntsrestsd In the for lowing questions: 1. DO tha provisions of article VTI of the constitution of the Stata of Oregon as amended by the Initiative process at the general election next last past, applv to causes pending on appeal to the Supreme court prior to tne adoption of the amend ment 1 3. If ths amendment doss apply to actions at law already pending on appeal to the Supreme Court, and there are among such actions those In which the bills of exceptions contain only aa much of the testimony as seams necessary to illustrate tne point of ex ception, can the court now authorise the am plincation of ths record, so as to Include, in the Isnguags of section S of tbe amended article VIL "the whole testimony, the In structions of the court to the Jury and any other matter material to the decision ef tbe appeal"? S. If In actions at law. Involving value in controversy more thsn (20, no fact tried by a Jury shsll be otherwise re-examined in any court or tnis state, except where there is a total absence of testimony to support the verdict, what consideration shall the Su preme Court give to the testimony, among other natters submitted upon an appeal, in affirming tbe Judgment appealed from with out regard to errors occurring at the trial on the one hand, or on the other in de termining wbat different final Judgment shall be entered on appeal? 4. Will the right of trial by Jury be af fected or Its preservation be Impaired, If the Supreme Court shall consider on appeal not only the whole testimony, but also the Instructions of ths court to the Jury, and any other matter material to tbe decision of tbe appeal, and. shall determine that a final Judgment shall be entered in an action at law, different from the one originally rendered by the Circuit Court? S. Is tbe amended article VII wholly self executory, or doee It require supplementary legislation? If you feel like preparing a short brief, giving your ideas on thees questions. It will gladly be received by the court. The ques tions are novel, new, and some of tbem diffi cult, and the court desires all the assistance It can have. The questions arise In the cases of Darling vs. Miles and Smith vs. South ern pacific Company, now before the court, and the decision of these cases will serve as precedents In future litigation where these same questions arise. FAIRBANKS, Alaska, Jan. 6. Ths First National and American banks were prepared today for a run, aa a result of the suspension of the Wash' ing-ton-Alaaka Bank, but the course of business ran smoothly, a display oi tne gold resouroes on hand reassuring; the depositors. Depositors of the closed banK held a mass meeting; last night and passed a resolution asking; the Federal Court to appoint E. U. Mack, formerly clerk of that court, as co-receiver with F. W. Hawkins, who was formerly cashier and acting; manager of the bank and is now In charge of the institution as re celver. Hawkins said today that there la no likelihood of the bank reopening;. The United States Court today or dered tha receiver to refund Tuesday's deposits, amounting; to $27,000 and which were accepted when suspension of the bank was impending;. Receiver Hawkins states that the assets of tha Washington-Alaska Bank are more than $1,000,000, including- J341.000 of Gold Bar Lumber Company atock now in the Dexter Horton National Bank, Seattle: cash on hand, 176,000: loans and dis counts, $610,000; realty, personal and mining; property, $50,000. The liabilities are $900,000. A majority of tbe depos itors are working-men, miners and clerks. DISPATCHERS WANT RAISE" Train Watchers Sc Monthly Sti pend, of $175 Now. . VANCOUVER, Wash., Jan. 6. (Special.) The train dispatchers in the Northwest are starting- a movement to have their pay increased from $140 a month to $176 a month. During the past few years new rail road legislation has added much respon- lbillty to the train dispatcher. While they are on duty they are practically the superintendent of the road, using his signature for their orders; they are com pelled to look out for the nine-hour law for telegraphers; for the 28-hour law for stock trains; and for the 16-hour law for men on freight trains. If tnese-laws are not enforced or are disobeyed, the rail road company might have to pay a heavy One. and for their enforcement the dis patcher la held responsible. All organizations on tne railroad nave been raised in pay from 10 to 15 per cent, but the pay of the dispatcher Is now the same as it was. Publicity Building; Is Assured. OREGON CITT. Jan. S. (Special.) As surance was given today by the County Court to the publicity committee of the Oregon City Commercial Club that per mission would be given for the erection of a small building on the southeast cor ner of the Courthouse square. The con struction will be without expense to the county, and the cost will be defrayed by publicity funds. The estimated cost of the building is $500. HYATT FUNERAL IS TODAY Man, Mho Bled In Portland, Will Be Burled at Oregon City. OREGON CITT. Or.. Jan. 6. (Special.) The funeral of the late Millard Hyatt, who died at bis home in Portland Thurs day morning, will be held from the First Presbyterian Church at Oregon City to morrow afternoon at 2 o'clock, and the burial will be in Mountain View Cerae tery. Mr. Hyatt was born In Wisconsin and was 42 years of age. He came to Oregon In 18S9 and was principal of the Willamette schools until five years ago. when he went to Portland to enter tho employ of the Portland Railway, Light & Power Company. He was married 16 years ago in Oregon City to Miss Jessie Waldron, who sur vives him. He leaves two children Waldron, aged 13 years, and Una, aged S years. His mother lives at Willamette and his only brother, George Hyatt, is a resident of Goldendale, Wash. duty, and it is believed he was despond ent. Nothing is known of his antecedents. Nearly one-tblrd of the economic activity of Germany rests today on feminine shoulders. Army Man Commits Suicide. VANCOUVER BARRACKS, Wash. Jan. 6. (Special.) The body of Pri vate Edward Jones, Battery A, Second Field Artillery, was found today in an old. deserted- house near Dale s Creek following the report of a rifle shot, the bullet tearing a hole through the man's temple, death being Instantaneous. Jones had enlisted here but a few weeks ago. He was wont often to take long jaunts Into the country when off YOUR STRENGTH am only be built up by easily digested strength-producing elements. Cod Liver Oil Is ac knowledged by every authority to be the great est strength-producing element in the world. x . isiaiiaJ - Scott's Emulsion TRADE-MARK ALL DRUGGISTS is Cod Liver Oil scientifically pre pared for immediate digestion, and so palatable that any one can take it. Nothing in the world equals SCOTT'S EMULSION for making good, pure blood; strong, steady nerves; solid, healthy flesh; and it is entirely free from alcohol, narcot ics or any other harmful ingredient It invigorates and builds up the entire system. Be sure you get SCOTT'S, known the world over by the mark of quality The Fisherman. DO IT TONIGHT It is not too late To resolve to give "her" a box of VO4L CfiGCOdfdT every week in the year of 1911. Start by giving a box this very night. The best dealers sell them. Imperial Candy Co. Makers of Quality Candy VJ