THE MORNING OREGONIAN, j-JtrUAY, MARCH 10, 1911. 9 i. : " I PORT MEMBERS NOT RECOGNIZED Legal Proceedings Will Deter mine Status of Governor's Port Appointees. MOVE COMES AS SURPRISE enraging other steamers to carry the surplus. The action of the Bartiman line places It on a basis with lines operat ing from Puget Sound and British Columbia, but It 'Is understood that the Japanese are accepting shipments for even less. Communication Agreeing to Rrsljrn Is Rtmtmbertil Importance of Issues InvoKed Requires Removal of Doubt. Raisins; a Question as to constitu tionality of a recently enacted meas ure under which the Governor is em powered to designate the personnel of the Port of Portland Commission. C. F. Fwlgert. P. L. Willis. John Eo-lscoll and W. I. Wheelwricht. of the Board of ficiating;, yesterday refused to recog nize Captain Albert Crowe, James Mac Rni rhnr1 a. Rrav and R. D. In- man as regularly constituted members of the Commission, though noiuing ap pointments from Governor West. TMa anmAfnfAA nr h.r thin 1r. Wheelwright. C F. Adams and J. C Alnsworth. who were named from the present body to complete the list of seven, will proceed through District Attorney Cameron to Bring an acuon In quo warranto to determine the le gality of their contention that they are rightfully entitled to scats. Agreement to Resign Recalled. The action of the Commission came as a surprise, in view of the fact each of the seven members. Including captain Archie Pease. Mr. Adams and Mr. Alns worth. who were not present yester day, had signed a communication to the Legislature in which It was said that they stood ready to resign in fa vor of their successors. Instead, the members assert that they have legal advice that the law is Invalid and they so Informed the new members and ad- v'sed them to proceed through the District Attorney to test the matter. It was voluntarily agreed by the pres ent Commissioners to transact none but routine business until the legal en tanglement has been straightened, and bids for the construction of the pro posed steel sternwbeel towboat were not opened, that action being indefi nitely postponed. The resolutions recite the terms of the new law and the fart that the "counsel learned in the law" have given the opinion that the law la in valid, as being repugnant to section 2, article 11. of the Oregon constitution, and continue: Wneresa. because of the bond to be Issued, contract to be mada tafca to be assessed n't levied and moneys to be expended, and ether financial and pubtlc dutlra sod trusts w be performed tr the commission or ins port of Portland, public poller requires that the acts of tne aald Commission b tot open to any doubt or question waaterar; Resolved, br the Port of Portland, and the Commission of the Port of Portland, that the I'Mnmlwtnn or CommUslunrra appointed br the GrTfnof as surresvur or lucrnsors to tee prevent Commission and Commissioner. Is not. nor a anv Commissioner ao appointed, entitled br said appointment to the of f r of Commission or Commissioner of the J'ort of Port;and: Resolved. That the Coffimlnlm of the Port of Portland, and each Commissioner thereof refuse to surrender Its or his office to the aald Commission or Commissioners so appointed br the Uovernor. under au tborltr of the a--t aforesaid: Resolved. Tfcal this Commission request the satd appolnteea of tha Geversor to bring proceedings In tho nature of quo warranto stslnat this Commission, thai It may be de-t-rmlned with tne least delay what body Is UwfuIlT empowered to act for tie Port of Portland, and that meanwhile this Com mission refrain from all but acts of rrruiar routine on lees some pressing emergency should arise; Resolved. That public poller matters of Brest purllc Importer"- require as prompt a decision of this matter as Is consistent wild du consideration, and. therefore, the courts of ths gtats of Oregon ars respectfully- re mreted to idture on the docket any pro ceedings brought la this behalf. Cameron AVIII Proceed. Mr. Inman was absent from the city, but Mr. Gray. Mr. MacGulre and Cap tain Crom attended the session and a copy of the resolutions was given them. Captain Crowe said: -I don't know who will prosecute the case, but no doubt steps will be t.iken at once to get the case before the courts. The appointees of Gov ernor West are. In my opinion, state officers and It aeema to me that the proposition of threshing out the legal points would be up to the state au thorities, but we are advised that Dis trict Attorney Cameron is empowered to proceed here. The move of the Commission did not come as a sur prise to me. as I felt certain some such step would be taken." The Commission has retained the law firm of Williams. Wood & Unthicura to hanrile the case. - Mr. Gray, who Is one of the Governor's appointees who was refused his seat yes terdiy. called up Governor West at Sa lem br telenhone VMt.nlj, mnA Ais w of the circumstances. Mr. West, accord ing to Mr. Gray, did not express an opin ion, but said tnat be was leaving Salem for a few days and that when he re turned on Monday would like to be in formed further. "The resolutions speik for them selves." said W. D. Wlteelright best night. Mr. Wheelright was a member of the old commission and was also ap pointed on the new one. "It Is obvious that If. as many lawyers contend, the Uw providing for the appointment of the new Commissioners Is unconstitu tional the Port of Portland district might become Involved in a serious legal en tanglement later were the new men seated. TWO SQCVRERIGGERS ARRIVE Inverraar and SuTertc Head fop Sen With Cargo. Southerly weather of the past few days assisted two wlndjammera Into tbe Columbia River yesterday, the British bark Oweenee, from Callao. crossing In shortly after noon, com pleting ths voyage In 48 days, and the French bark Bougainville, 69 days from Antofagasts, arriving at 4 o clock. The coming of ths carriers will maka material difference In the March ex portation of grain, as the Oweenee Is w i j - niffnrn A. Co.. and the Bougainville by Balfour, Outh- rla st Co, Dotn lor tne ldiku dom. Tha British bark Invermay. wheat laden for Europe, left down yesterday. Her cargo Is dispatched; by Hind, Rolph & Co, who held her until ths expira tion of her lay days, despite ths fact STEAMXB IXTELXJGKNCE. Dos ts Arrive. Nam. Washington... Rja Alliance Falcon... ..... Beaver Golden Oate. .. Anvil Cos H. Elmore Breakwater... Geo. W. Elder. Boar Roes City Roanoke. .. .. silvsrslds. . From .San Francisco Honekong.... . Eureka tan Francisco , Ran Pedro. .. Tillamook... Bandoa. . .. . Tillamook... .Coos Bar. ... .San Pedro... ,an Pedro... .Fan Pearo. .. .San Pedro... .Balboa Data In port In port In port In- port In oort iiar. 10 Mar. 10 Mar. It Mar. 12 Mar. 13 Mar. 14 Mar. It) Mar. 20 Apr. 1 fecbeduied to Depart. Kama. iTor Date. Alliance Golden Gate. Falcon TrVashuisTton. Anvil It. ...Eureka Mar. .. Tillamook slar. .. San FranclaeoMar. ..fan FranclaeoMar. handon. ..... Mar. San Pedro.... Mar. Brenkwater. ...Coos Bar Mmr. Hue H. Elmore. Tillamook. ... Mar. Geo. W. Elder. .Ran Pedro. .. .Mar. Jlesr. Can Pedro.. ..Mar. ftya-Ja ....Hongkong. . . .Mar. Roanoke. ..... tn Pedro. ...Mar. Ross Cltr... ..-an Pedro. ... Mar. Itiiersld. .... .Balboa. . ... Apr. 10 11 11 11 . IS 13 14 14 IS 14 20 Portland mkets redcctiox Wheat Will Be Carried for $1.50 and Flour at $3 a Ton. Notification was received yesterday by J. W. Ransom, general agent of the Ifarrtmaa steamship lines, that R. P. rV-ta werln. head of the service, had au thorised a reduction In tariffs from Portland to tbe Orient from U a ton on grain and Its products to 12 a ton on flour and tl-5 a ton on wheat, ef fective during March and April. As the Oriental liner Rvgja has spare reserved for tons of flour and r.iO tons of wheat at the S3 rate, shippers will probably not reap the benefit of any decrease on that vessel, aa the remain ing spar Is to be filled with lumber. The Oriental liner Henrlk Ibsen Is due the latter part of April and wUl be dispatched before May L She will carry the rut-rate offerings and there are ex cellent prospects that she will have a full cargo. Portland grain men say there are larrer stocks of wheat here of ths kind sought by Japaness millers than available on Paget Sound and with a more frequent service records for past seasons would be broken. The Portland se Astatic officials say there Is ne profit st the S3 rate and the reduced tariffs win entail a loss. They, argue that there would be no justification for she was loaded a week ago, and It Is assumed that they are counting on a favorable change In the wheat mar ket for gains. The Waterhouse liner Suveiio sailed also with a mixed car aro. wheat forming the principal Item. and after coaling on Puget Sound she will proceed to Far Eastern ports. The Naiad Is the only wneat carrier in the harbor and she is discharging ballast at Llnnton. where she will be Joined bv tbe two arrivals of yester day. All may bo working outward cargoes by the end of next week. Tpper Alnsworth Berth Wanted. As many large vessels passing through the Steel bridge are using the east chan nel, the Stan Francisco & Portland Bsteamshlp Company will take up with Major Melndoe, Corps of Engineers, u. a. A, and Harbormaster Epeler the ques tion of permitting tho steamers Bear, Beaver and Rose City to berth at the southern end of Alnsworth dock. The vessels will return to the Summer schedule April X snd sail at t o'clock in the morning Instead of 4 o'clock in the afternoon. The upper berth facilitates loading. On account of tbe limited spsce to maneuver vessels between the dock and bridge on the West Side the com pany was asked to moor Its carriers toward tjb north. Marine Notes. Lightship No. J, from the Swlftsure Bank station, which was recently towed to Puget Sound for an overhaul Ins;, will be repaired at ths yards of Hall Brothers. Eagle Harbor, say ad vices received yesterday by Command er Elllcott. lighthouse Inspector. In general cargo from Tillamook the steamer Golden Gate Is due today and she wiU sail Saturday. To load lumber for tha Far East the Oriental liner Rygja yesterday shifted through the harbor, moving from Columbia Dock No. 1 to Inman- Poulsen's. ' Bringing full cargoes of cement from San Francisco the steamer St, Helens and barge Gerard C Tobey ar rived In the river yesterday, the St. Helens towing the barge. The steamer proceeded hers and the Tobey will be towed UP by the steamer Ocklahama and discharge at Supple's dock. The steamer Coaster yesterday discharged at the Couch-street dock and tbe Nome City and Westerner are due this week will full lists of ths same product. Norotlattons are under way for the purchase of tha steamer Butterfly, ly ing north of the east approach to the Burnslde-strect bridge, which will probably be taken to an Oregon Coasl pore The hull was formerly tnat of the steamer Jessie Harklns and the machinery Is new, but the house was? burned last year and has not been per manently replaced. Following an overhauling the steam er Ottawa, of the Diamond O fleet, re sumed service yesterday. Barges'- of the company are being decorated in advance of the season's business, the houses being painted green and hulls red. As the O'Reilly interests control the company and the name of all hirers bea-lna with O It Is planned to have the painting finished by March 17. Having catlsfiod himself with the operation of the first acetylene gas buoy In use In the district, which Is located in W Ilia pa Harbor, Commander Elllcott. lighthouse inspector, returned from there yesterday. He reporta that while the bar there was rough as a result of the southeast blow, tha en trance to the Columbia River was smooth, and It la assumed from that fact and past demonstrations that southeast gales are felt greater In tha north than on the Oregon Coast. In general cargo from San Francisco the stesmer Coaster yesterday entered at the Custom-house from San Fran cisco, and the steamer Alliance, from Eureka and Coos Bay. The Coaster cleared with (00.000 feet of lumber for the Golden Gate, and the steamer Johan i'oulsen. for the same harbor, with J25.00W feet. Movements of Teasels. PORTLAND. March . Arrived Steamer W. 6 Porter, from Monterey; steamer Bea ver "from San Francisco snd ban Pedro; steamer St. Helena, from Ssn Francisco. galled British steamer Suveric for Hons- koag and war xorte vi Seattle; British bark Invermay. for tjusenstown or al jjj out h. Astoria. March . Condition at ths mouth of the river at t P. M . smooth; wind south 14 mlies weather cloudy. Sailed at 6 A. hi. Steamer Boss City, for San Francisco and San J'edro. Arrived at T and left up at a 30 A. M- ftrnmtr W. 8. Porter, from Monterey. Sailed at T A M Steamer Roa noke, for San Dleco and way ports. Ar rived st T:J0 and left up at A M. Steam er Hearer, from Ban Psdro and San Fran cisco. Arrived at I:3 A M. PteamsrSt. Helens towing barge Gerard C. Tobey. from Fan Francisco. Called at lo A M. steamer Elmore, for Tillamook. Left up at 11 A. M. steamer Su Helena Arrived at 12:13 P. l British bark oweense, from Callso. Ar rived at P. M. French bark Bougain ville, from Antofagasts, San Francisco. March . Arrived at 9 A. M. Steamer Geo. W. Elder, from Ran Diego. Arrived last night Steamer Shoenoa. from Columbia River. Coos Bay. March - Arrived Steamer Breakwater, from Portland. Fen Pedro. March . Arrived ysstsrdsy Steamer F. H. Ieaett. from Columbls River. Hlneapore. March S. Arrived previously Antllorhua, from Glasgow, for T acorn a. bsattis. Match Arrived Schooner j h arew R emoval AT THE LITT STORE, 351 WASHINGTON ST. See the Yellow Signs ALL THAT'S LEFT OF THE LITT STOCK AND OUR ENTIRE NEW SPRING SUITS, COATS. SKIRTS, GOWNS AND DRESSES OPERA COATS, VELVETS, SATINS, PONGEES NEW STYLES AND FABRICS THE WORLD'S FASHION CENTERS SHOW. Farewell to All of Our Suits Spring Suits, blue serges, Scotch and fancy mixtures., plain -wor-. steds All the new up-to-the-fashion fabrics and models , Every imaginable color: $25.00 Spring Suits $14.95 $30.00 Spring Suits $19.85 $35.00 Spring Suits $24.95 $40.00 Spring Suits $27.50 $50.00 Spring Suits. ... . .$34.95 Pongee Silk Suits i Farewell prices that will move them fast. $75.00 Pongee and Silk Suits at .........i $49.85 $65.00 Pongee and Silk Suits at ....$39.85 $55.00 Pongee and Silk Suits at $3-4.95 $40.00 and $50.00 Pongee and Silk Suits at : $24.95 White Serge Suits Farewell prices that make us shudder to say Farewell at these Sacrifice prices: $35.00 White and Striped Serges at $19.85 $40.00 White and striped Serges at $24.95 $50.00 White and Striped Serges at $29.85 Farewell Sale Princess Slips, Petticoats Farewell Sale of Linen Suits 300 Linen Suits All the pretty shades Blues, Pinks, White, and the good old pure Linen colors. Linen Suits Values to $25.00 Farewell Price .$15.00 $30 to $35 Linen Suits . . . $24.95 $12.50 and $15 Linen Suits.$9.95 Farewell Sale Entire Stock of Dresses New Serges, Foulards, ChaUies, Muslin Nets and Lingeries are on the list for a farewell move: $20.00 Dresses -r., i.t. .$12.95 $25.00 Dresses .r.t.r-i.i. .$16.50 $30.00 Dresses ... . .$19.85 $35.00 Dresses ............. $24.95 Farewell Goat Sale There is no reserve every coat in this the largest Cloak and . Suit Store on the Coast has a. Farewell price on it that can never be forgotten in Portland's selling history: $15.00 floats, Spring and Winter Styles, at ; $9-95 $20.00 Coats, Spring and Winter Styles, at $12.95 $25.00 Coats, Spring and-Winter Styles, at $14.95 $30.00 Coats, Spring and Winter Styles, at ui.m.i.i.,.i.1.i...?19.85 Worrell s Sample Cloaks and buits 351 WASHINGTON STREET OPPOSITE GRAND THEATER SUCCESSOR TO H. B. LITT William Renton. from Pan Francisco; schooner R W. Bsrtlett. from San Fran cisco. Sailed Steamer M. F. Plant, for Fan Francisco; steamer Colonel E. L- Drake, for Dunonu Nacasaki. March 4 Sailed Talana. for Saa Francisco. Tides at Astoria Friday. JfigU. XjOW. :.tl A. M. ..T.I festlS:11 A. M -4 f 11.1)0 p. U T feet' 1:13 P. M 0 0 feet Shaft to Be Removed. To have It broken shaft removed the teamer Lurllne will be towed today to the Willamette Iron ft Steel Works and then be returned to the foot of Taylor street, where a new pitman is to be in stalled. Later the ore ft will have the new shaft installed at the iron plant. As the steamer was on the ways a year axo there is little overhauling; to be done uid it will return to the Portland Astoria route about April 1. Tevr Months Married Life Enough. OREGON CITT. Or.. March . (Spe cial.) Peter Mayers, who was married in May, 1110. at Portland, to Stella Mayers, baa filed a suit for divorce, charging- his wife with being a scold and possessing; an excitable temper. In October last he says she told him she did not like his ways and that he could go, and drove him away from home. Forger Faces Long Sentence. KLAMATH FA 1.1,3. March 9. 9peclal.) F. E. Stanford, indicted by the Brand Jury for forging; a fictitious name to a check and cashing it for J12 with a local restaurant man, faces a sentence in the Penitenltary of from 3 to 20 years. He was found guilty by a jury in the local courts, but west recommended to the mercy of the court. He has not yet been sentenced. Cough Stop is sure. Plummers, 20 Third street. ' Edlefsen delivers dry wood. LAURELHURST Bay from owner. 8-room house, snout to be finished In Laurelhurst. on fins eleva tion, facing south. 1 block from car; Are place, beamed celllnr In dining-room; also extra tins buffet, veneered paneling; hardwood floors, full cement basement and con crete floor, large attic floe modern bath, with laundry snd dust chutes; street Im provements snd sklewalks completed; lot graded and lawn growing. IHTCK KITCHEN and pantry. A beautiful house, with all modern conveniences, Including a, sleeping porch, front and rear stairs, etc For a few days this (7000 property Is offered at 15500. if half cash Is paid. gee owner. 114 Eaat 21th su Phons East 261S or B 264 i. Tsks "SS" car to Esst MTh st . go north two blocks IRVINGTON Has building restrictions that assure desirable neighbors, lias excellent street car service. Is fully improved with asphalt pavements, wide parkings, cement walks, a com plete sewer Bystem, all ready for use. Gas and Bull Run Water Mains. Improvements bonded and to be assumed by the buyer. This is the best and cheapest property in Portland. Lots 50x100, $1230 and up Terms 15 per cent cash and 2 per cent per month. A. E. DIAMOND & CO. 210 Railway Exchange Bldg., or IRVINGTON OFFICE, " Cor. East 13th and Knott Sts: The R. E. Farrell Co. Seventh and Alder Streets , will open a women's, misses' and children's ready-to-wear and millinery , . store Saturday, March eleven, nineteen hundred and eleven Tailored Suits Tailored Dresses Tailored Waists Fancy Blouses Coats and Wraps Gowns Silk Petticoats Negligee Corsets Millinery The authentic modes for Spring and Summer Distinctive apparel, popularly priced Charge accounts Mrs. Carnine, formerly of Olds. Yvortman & King; in charge of FUtiags. R. E. Farrell, formerly of Tull & Glbbs. 13 1 04.2