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TOE MORNING OREGOXIAN, FRIDAT, AUGUST 4, 1911.
CITY URGED TO BE
READY FOR CONN.
John Barrett Advises Trade to
Prepare by Proper
Legislation.
$1 TOLL IS RECOMMENDED
Speaker at Commercial Club Ban
quet In His Honor Extol Port
land and Declare All Coast
3iot Know Ditch Benefit.
(ront!nu4 Trm Firm PtT.)
ranaL That decision place Portland purely.
bm it were, upon her fxi'tlt. and compel
hr to endeavor mora than aha baa aver
dona be for to benefit by her rernarkAMa
' location on tld atar and at th point
vhrt ah can raarh moat cheaply nd di
rectly a at and reaourceful hinterland.
I have ben deeply impraaaed In my re
cent trip up thla cot with hat Pan pieso,
l.oa Anelea, Pao l-Tanctaco and OaJslaJid ar
doing m preparation for tba opening of th
canaL The larva sum a of money which
tbay are piaaoina: to expend In Improve
menta of their b arbor facilities show that
Portland will hae plenty of competition,
and. correepondinirly. what I now ae Port
land la dpinr abowa that aha ta coins to b
ready to meet that competition and get her
bar of the commerce of tha Fact tic Ocean
and th Panama Canai.
In thla connection I recommend your moat
hearty co-operation In making; th panama
f'acltic International Exposition at Pan
Fnuciaeo. and th pan ma -California Ki
position at 4o Dleo tn iVl auch successful
achievements In celebration of tha opening
of the canal that they will reflect credit
tap on tha whole Pacific Coaac
rreparnttaa Cr Mainly.
Tou hav been rearaiad through your en
lrpristna; nwspapera and magazines with
tha 'vantage tnai must b derived from
lb Panamn Canal, and I shall not there
for la bo rata upon them in deiaiL Th
ona purpose of my argument la that yon
may gt ready ao that thos advantages
will be n reality and not a phantasy. What
yon bar a don for your port In deepen in
bar and river channel and what you will
do for terminal facilities, yon yourselve
fully understand, and I will not aay mora
ceacmln them, but there ar other most
Important steps that must be taken by
Portland and Oregon and your ewnraeretal
rvantaatlona thai th preparation for th
canal may be complete.
Tba action that 1 recommend ha two
different line of procedure Th first' haa
referenc to th rnv necessity of immedi
ate, practical legislation by Congress for
th administration of th canal after It
ta completed. Th aecond require auch
Independent and eo-operaclv effort of your
commercial organization and of your Indi
vidual business interests a will cause them
fuUy to be 4iuainted ahead of tim tth
th new condition of enmmerr and trad
which will result from th open In of that
waterway, and enabi them to build tip
rapidly tb export and Import bualneaa of
this port and auction.
Under tha head of "legislation." f unr
jpon th commercial organisations of th
auslnee Intereeta of Portland that they be
ready to bring mil pressure poaaibl upon
Corifrtw at VYaahinsion to pass, aa ta first
duty after assembling In Icember. on of
th bill approved by Colonel Goethala.
which -will provide fr th successful ad
ministration of th completed oanaL
LrgUlatWn I Irgent.
Tber ar ao politic Involved la thla la
rue there m no fight between Republicans
and Iemorrts. no tsau between Pro re-
- ive and Ptaad-pattvr. but with a Presi
dential political election coram on and
with legislation Ilk th reciprocity bill
and tb tariff occupy In th center of th
stage. Congress haa a tendency to overlook
or neglect th crvm necessity of now fix
In by law th administration of the canal,
ao that not only Colonel Ooethala. but th
commerce of tb Pacific Coast and th world
may know exactly what ar th condition
thr most meet when merchant vessels
shall pas through th canal from aea to see.
It will be Impoaaibl to nan th canal
efficient ly and economically uales there
can be a proper period of training It would
be th height of folly to spend SVXJ.0uo.u"O
digging th canal and then open It with
out trained and aettled efficiency for Its
operation. bin lions of dollar may be lot
to tbi Coast and to tha I'nlted State aim
ply through delay la enacting th neeeseary
legislation for th admlnatratloa of th
canal.
There are three thing which Colonel Ooe
thai point oat must be determined by
Coo g res aa soon aa possible, and for th
enactment of the, your commercial organ
txatlons ahould be ready to adopt resolution
and as their Influence at Washington Th
first Is th determination of th tolls en
shipping tonnage not to exceed SI or 1.W
a net ton. Vale steamship companies and
tha great commercial Inter sts of th world
know in th near future that th charge a
ton wtU ant exceed th amounts, they
cannot possibly make th preparation which
ar necaary for th pulMirg. the pur
ckas and operation of veta, or for th
eshange of trad which th canal ahould
accomplish. Th aecond I th provision
that ther shall be "one-man power' upon
th Canal Zone. or. In other words, that th
asm efficiency which haa been shown la
th construction of th canal ahould b
continued in It operation. Third la tha
annoacmnt of th fact that th t Tilted
grate, a a Oovemment. will absolutely
own and control th coaling, th otltng. th
repairing, th docking and tha general gup
firing facilities of shipping which wilt us
th canal
It would be moot anfortonato If th oper
ation of tha canal were handicapped by
any private monopolies or by any Influanco
of privet interest.
Vast Benefit ta Store.
No considering action of your commer
cial and buat ne tn t ereet ald from In
fluence on National legislation. It Is hlghijr
Important that thla club and similar organi
sation a. and that Individual exporting. Im
porting and manufacturing firms should
tako active step to acquaint thme)ve
fully by direct Investigation with th condi
tions of demand and supply la th new
field which will be opened up. or quickened
In It Industrial and commercial develop
mnt. by th opening of th Panama CanaL
Voder thla head I emphasis to yon that tha
benefita of the canai will not merely be de
rived from shipping through It. but from
th new life and prosperity that will com
to tb sections of th VntTed Sratr and
other countrteg which will hav through It
a new avenu of water approach.
From California south to th Straits of
MgKaa rea-h oX mile of Latin Ameri
can Pacific Coast line, which, under th In
fluence of th Canal, will enter upon a new
period of material and trad progress, and
which will offer opportunities which yon
bv g ever appreciated In th past of pro
viding a market for your product and of
sup pi in raw materials that our present
and future manufacturing Industrie will re
q u t re.
The pariflr coast of th It countries on
th West Hide of Latin America already, la
1 ls Isolated poaitioa. conducts a foreign com
mere valued at t." '. jhl. will
-row to ll.u"tHWVuto and more within ftv
)ar after th canal la opened, and of thl
too must prepare to fet our share. Tber
I aiso t.e east coast of Latin America
much of which will be brought closer to yo
oy th canaL
Th total value of th foreign com mere
of all Utm America reaching from Mexico
aad Cub sooth to Argentina and Chlio last
tear ceded f orn MMt.mv Thl magnifi
cent total repreeenta. moreover, an Increas
of tftr la per cent la th last ten years a
rr r J surpassed by ao other group of eoua
trteo m ttte world, and yet w hav teen la
the habit in th past of minimising It.
Tour opportunlt ie with Japan. Russian
Ana, China, th Philippine. India and Aue
tra.t ar great and important and should
' not t neglected, but ther can be no mort
foolish poUry than to becomo ao ahorrd
with them that yo overlook the vast field
to th south of you. and eene-rlallv that per
tUQ bordering upon th parlfw Ocean.
Jaaket oeih aarvreted.
Among th prnrticai s'epa which th com
mercial organisations of Portland can take
I on w n tc k I mot earnest 1 y recommend,
and that I co-operation with tho other
commstxiel organisation of tho Pacifi
Coast la panning and carrying out an x
curaxoa Of repreeentailv men to tho coun
tries of Latin Aatrlca. spclally to thos
bordering on tho Pacific Ocean, tlka that
which was made to tha Far Eaat. If a
body of 35. f" or 1M men who can pr
tho ttmo will go from Portlsnd and other
cttle to th principal porta of tha 12 eoua
trfea of lAtln America bordering on th Pa
cific Ocean, and to such others as they may
hav tim to visit, they will dsvelop n
" acquaintance and a knowledga which will
be of inestimable valuta in promoting trad
and travel between Laua America. Portland
and the I'ariflc Coast of tha I'nlted Ptat.
If thla excursion can be undertaken next
year I prophesy that it will b ooo or in
most practical Influence tfcat you can tnl
ttat in preparation for th Panama CanaL
Tha commercial organlsatlona of th princi
pal cltleo of California have already ex
pressed to mo their approval of thl Idea,
and now I bop that Portland will not h eel-
tat to Join with them.
prer" Laa Word.
In conclusion let ma. aa on who ha a
keen, personal Interest In 101 city ana sec
tion, tell you that tho Pan-American L'nlon.
or whirh I av tha honor to be tha axecu
tiva officer, atande ready to glvo you every
facility and co-operation within It power
tn your ffort to pre par for and taka ad
vantage of tho Panama Canal and build up
your pan-Ametican commerce, in
i. .roiniain hf all th Amrlcan
republic. Including th United tte. for
th purpoa or aevioping commeiw.
ship and peace upon th Western Hemi
sphere, and It belong to Portland and to
Oregon. Just aa it do to any other city
and atat of th United States or to any
ther olty and country of our alster re
publics,
i. ihankin vou far tha hospitality and
ktndneea you hav shown mo tonight I wish
to reciprocate by impreaalng upon yoa that
tho latch etrtnr of tho pan-Amerloaa build
ing th homo of tho Fan-American Vnlon
tn Waahlngton. recently completed and aald
to b th on tructur which combine
beauty and utility non than any othar
.,ito erfifica In th United Stat la loo
nnu for everv man who bear mo to
night, but for all who may be lntrted In
xtendlng th prestlg and commorc of thl
Nation, and, when you shall I1 ass Its portala
oi m find mo ready to glvo you a cor
dial welcome and to aupply you with any
information within my power.
r Ktortine tou aood-nlght and In thank
ing you with all my heart for the hearing
you hav given me, i uio "k" '
to mk your tocsin, on reaur
Panama CanaL"
Those attending th dinner ware:
Edward Cooking ham, Frank A. Coffin.
H. Beckwith, - Prank H Irvln.
John Barrett, A. U Fish.
Theodore B Wilcox. George Fety.
rharie E- Wolverton. J. u. v aum.
Henry U Flfock. r. u. anipw
Hobert e. i-u. y. '-
Ol. jamea jacaevu. '
U. Oyama,
A. M. bfsara.
J. R. Kogra.
Edwin Caswell.
.to Breymaa.
Charles U Hoi brook.
O. F. Johnson,
F. I. Fuller.
F. W. Hlld. 4
F. w. Mulkey.
tt. U. Meara.
J. N. Teal.
Charle F. Beehe.
William D. Wheel
wrlght.
T. J. Armstrong.
J. D. Le.
C. K. Henry.
H. I. Keeney.
A. R. Vejar,
W. H. Crawford.
Capt. T. H. Qui nan.
Edward de Lima,
W. A. William,
William Oaring,
Jameo Steel.
C w. Cornllua.
J. 8. Boll.
A. C. Sheldon.
C. O. Hjermstad.
Julius L. !-ier.
Ceorgs W. Joeph,
A. K. Eckhardl.
C. C. Chapman.
O. C. Letter.
F. Henry Wemm.
Frank Bollam.
C. XI. Idlemsn.
George W. Hum,
Alfred Smith,
U. D. alsrsna.ll. Jr.
8. H Marshall. New w- K Coman.
El Paso:
York.
P. Htatter.
r. E Marshall. New
F. H. Fogarty.
H. E. Lounabury,
F. 8. Weet.
C. 8. Flecchor,
O. O. Hall.
K. V. Holder.
John M. Hcott.
R. R. McClung.
Hugh Hum.
H. E. Vernon.
ieorg Lawrence. Jr.,
Tork:
A. A. echell.
F. H. LeMona,
J. F. lrson-
C. D. Philiipp.
w. t. It. loiorv.
R. I. Carpenter.
C. H. Raven.
A. C. Lumsden.
W. B. Cole.
SL J. Only,
v . J. iioimtno.
J. Harry Kloaterraan J--M tub,
Jamea Thompson.
' eorse K Waaeonse.
Prank R. Kerr.
tr. K. UtWltt Con
nell. Chart 6tlachflld.
Jr-r
H. E. Noble.
C B. Baker.
Karl H. Parker,
n.vtd Davla.
Herbert c. Miller,
F. U Bhull.
H. R. rjencr.
T. W. Oanong.
J. R. Bowiea.
C F relle.
W. H. Culler.
W. H. Re-be,
W. F. Martin.
H. L, Idleman.
Win H. nee.
r- i haloupka.
Lei and 8. H. Town
end.
J. B. Rhode.
O. Fernaughtv.
REALTY DEALER VICTOR
P. F. Osborn Wins $300 Judgment
Airalnst Mrs. l. Dosobcr.
JOdyment (or IJOO u given -
terd.r morning In favor of th. plain
tiff by Judga Kavanaush in tha can.
of P. F. Oaborn agalnat Mra. M. IX)
chr. of e.attl...
Th. plalntlft. a real tat. man. oo-
taln.4 written authorization Septem
ber li. to act a .sclu.lv. agent
for Mra. Iocher la th. sal. of lota
In Waverleljh H.tirhu Addition. Th.
real mtat. man obtained a purchaser
In Or to be r. but when h. sent th. con
tract, to Seattle to o. alaned ther
wer. returned with a communication
from Mrs. Poacher that th. property
had been sold for raah. and expressing
regret for th. trouble to which Mr.
Osborn had been put. Evidence was
not Introduced to show that th. prop
erty bad actually been sold.
Attorneys for th. plalntlft contended
that Mra. Doscher'a action was merely
an attempt to evade th. payment of
commission.
PLAINTS TO BE PRESENTED
Phone Companies Must Answer, Is
Decision of Coanctlmen.
The Pacific Telephone a Telegraph
Company and the Home Telephone
Company are to be required by the
special telephone committee nf the City
Council to answer specifically to each
of tb. complaints filed with the Coun
cil against them. Thla was tha decision
of th. committee, composed of Council
men Joy. Baker and Jennings, at Its
meeting yesterday.
Councilman Joy was appointed a sub
committee of on. to call upon th.
telephone companies, submit th. com
plaints of the users of the lines to
them, and require explanations. The
committee then will decide aa to what
can t don. toward tb. regulation or
control of the service.
Councilman Joy had large hundl.
of written complaints, and these he will
submit to the management of th. com
panlea. The next meeting of the com
mute, will be held at the call of tha
chairman. Councilman Joy.
GIRL DEFIES HER FATE
Miss Tlnj Broadwlck Takes Desper
ate Ctiancea In Drop.
The most desperate chances Imagina
ble are taken by Mlas Tiny Broadwlck,
the young and daring aeronaut, who
will ascend a mile high In a balloon at
th Oaks Sunday afternoon at 4 o'clock.
Mlas Broadwlck will leap from her
balloon Into a parachute and will then
whirl downwards at a dlzsy speed. Her
drop will be checked by the para
chute, which she will then cut away
to again dive headlong. A second para,
chute will catch her up and she will
float down to earth or Into the middle
of the river. The act Is the most aen
aatlonal ever at the Oaka. There will
b. a second ascension at :J P. M.
Aomsvllle Mnl to Incorporate.
SALEM. Or.. Aug. I. (Special.)
Aumsvllle Is tha first, town In Marlon
County to Incorporate under tha law
of 1H covering Incorporation of muni
cipalities. The Secretary of State
received notice of the Incorporation
today. If. L. Wright was elected Mayor.
Other officers sr. as follows: C. H.
Mitchell. Recorder; Sherm Swank.
Treasurer: T. T. Arthur. Marshal:
Charles Ransom. H. C. Porter. B. I.
Plummer. H. N. Crane. Vf. M. Meyers
and E. M. Condi t. Aldermen.
t
GROOMING
FOR CAPITAL POST
Prospective Candidates Scan
Field to Try for Nomina
tion for Representative.
3 "NOW ALLOWED OREGON
llawlcy and I.affertT Would Succeed
Themselves and George F. Rod
v gers, of Salem, May Run.
Multnomah Third District.
Although ' the ' campaign will not
open before the middle of September
or later, several prospective candidates
are already looking over the field with
a view to trying out for the nomina
tion for Representative In Congress
from one of the three Congressional
districts In the primaries which will
be held next April.
Representative Hawley. In the First
District, and Representative Lafferty,
who now represents the Second District,
will be candidates to succeed them
selves. Hawley will ask for re-electton
from his district while Lafferty will
run for election from Multnomah Coun-.
ty, which constitutes the Third Dis
trict In the First District, Hawley may be
opposed In the primaries by George F.
Rodgers, ex-Representatlv. from Ma
rlon County and ex-Major of Salem
and prominent Rep Jbllcan.' C. L.
McNary, Deputy District Attorney, of
SaJera. may also aspire for tha nomin
ation against Hawley.
Many May Seek "Honor.
Material for Congress from this
county has not developed, although
the ensuing few weeks are expected to
bring forth a bountiful crop of "will
ing" candidates. Oeorga S. Shepherd.
C X. McArthur and John F. Logan ar.
among th. names that have been sug
gested aa likely rivals of Lafferty for
the nomination.
There la an abundance of candidates
already In sight In the Second District
and before th. primaries are held it
would not be surprising If more than a
majority of the Eastern Oregon coun
ties each had a candidate for the nomi
nation. Among the possibilities" are
mentioned the following: W. H. Brooke,
of Harney: T. J. Mahoney. of Morrow;
Henry M. McKlnney. of Baker; Eraraett
Callahan, of Baker; R. R. Butler, of
Wasco; Jerry P. Rusk, of Wallowa, and
N. J. 61nnott, of Waaoo.
Dr. Harry Lane, of this city, undoubt
edly will be tha Democrat lo candidate
to oppose tha Republican nominee from
this Congressional district.
One Representative Gained.
Under the Congressional reappoint
ment bill, which was passed' by the
t'nlted States Senate yesterday, Oregon
gains another Representative In Con
gress. Anticipating this legislation by
the National Congress, the Oregon Leg
islature last Winter enacted a bill by T.
J. Mahoney, Representative from Mor
row and I'maMMa Counties, redisrict
ing the state Into three Congressional
districts so aa to take care of the
state's additional Representative. It
vii provided in this bill, however, that
Its provisions should not become oper
ative until the reapportionment bill
was passed by Congress.
Bv the terms of the Mahoney bill.
Multnomah County, unattached, be
comes the Third Congressional district.
Clatsop and Columbia Counties are de
tached from the Second Congressional
District and added to the First Con
gressional District. At the nam. time
Klamath and Lake counties are cut orr
from the First Congressional District
and annexed to the Second Congression
al District. With th. exceptions noted.
the First and Second Congressional
Districts are not changed. The effect
of the changes Is to constitute Into Into
tha First Congressional District all
counties of Western Oregon with the
exception of Multnomah. All of tha
counties lying east of the Cascades now
constitute the Second Congressional
District.
ELECTRIC LINE IN VIEW
Road From Dayton to Pendleton Via
Wall Walla May Be Built.
WALLA WALLA. Wash.. Aug. 1.
(Special.) That the Pacific Power
Light Company Is planning a move
which will ultimately mean tne electri
fication of he Southeastern part of the
state, giving power, not only for all the
lighting and manufacturing business of
cities and farming districts, but for tha
long-talked-of electric railway system
from Dayton to Pendleton via Walla
Walla, was indicated yesterdar, when
engineer oumgrr, ui iiirwiiijjn j, c
turned from an InspectlonVrlp over the
headwaters of the south fork of the
Walla Walla River and down tha di
vide to tha head waters of the Tukanon.
In this district they took many photo
graphs of the country and obtained
much data conoernlng the watershed
and course as well as grades.
The Pacific Power it Light Company
has had many Improvemente of this
nature In mind for some time and tha
officials have admitted that an el.ctrlo
line from Dayton here and on to Pen
dleton ha been under consideration
All St. Helen Fire. Under Control.
WOODLAND. Wash- Aug. 1. (Spe
clal.) A great many people who usu
ally visit the beautiful Mount St. Helens
country every Summer, have been de
terred somewhat tn making their usual
trip on account of reports of fire In tha
forests In that section, but reliable
reporta have just been received that
there la absolutely no danger, as all
the small fires that have been In prog
ress, due to carelessness of campers,
ar. fully under control, and aa th.
rangers in that section are extraordi
narily vigilant, those who have antici
pated visiting that section need not
hesitate to go ahead with their plans.
This wonderful section !a replete with
beautiful scenery, good fishing and
hunting and Is a great berrying sec
tion. The trip to the top of St. Helen
is more easily accomplished from tha
Lewis River side, and tha wonderful
raves In the lava beds are worth the
trip to see. besides tha scenery up
Lewis River cannot be excelled.
Prison Payroll Cut $60 Monthly.
8ALEM. Or.. Aug. S. (Special.)
Combining the offices of commissary
and cooV at the State Penitentiary, an
other official has been cut from tha
state payroll. Charles Gale, a former
hotel msn of Medford. has been ap
pointed to the combination position,
th. man who was acting temporarily
aa commissary belnf transferred to
other work at the prison. Governor
West say the change will reduce the
Penitentiary payroll $50 monthly.
Every-Day Prices atthe WL ,JMJ&' CO
STMMMLess Than Others Advertise for "Special" SaleHMl
3
&3
USTACO LINEN
STATIONERY
S2J
worth 50c box
price 35c box.
and regular
now Of.
on sale for only.
Friday and Satur
day Suggestions
From Our Rubber
53
TE3
Goods Department
Tralae4 K
n ta Cava rare-
12?
IS
M a t e r n Ity
Finger
Cots.
4c
Out-.
flU..
.$2.49
Atomis
ers. . . ..
39c
N u r sing
Bottles. . .
.4c
Bra ast
Pumps. ,
23c
M e ndlng
Tissue
5c
13
P a cifier.
at.
,8c
Fever Ther.
m o m e- C Q r.
A b o rbent
Cotton, ODa
pound... 0l
Adhesive
P 1 a s ter, 7
yard rolls
Douche Pans,
at1.".':. 98c
ters at. .
Water
Bags
,79c
Shower Bath
ftt:.'.r.97c
Rubber
Nipples. ..
4c
Raymond Com
plexion Cream
For beautifying and pre
serving the complexion
and skin contains no
harmful ingredients. Come
In white and flesh nC
tinta JJC
Try It. We Gaaraa
tee It to B. th. Best. ,
13
is
is
13
t3
3
123
$4 Matting Suit
cases $2.49.
No. li9-24. Thla 14-Inch Mat
ting Suit Case, with straps all
around case, extra catches and
linen lined, on sale Friday
and Saturday for J2
$2 Hair Brushes
Flberlold Military Hair
Brushes on sale d 1 Jn
13
13
13
13
13
13
it th. pair only.
0
Send Us Your
REGISTERED .PHARMACISTS
only work In our prescription de
partment and have no other duties
to perform whatever. Their entire
time being devoted to the filling
of prescriptions.
STATE CASE FAILS
Traction Company's Right to
Carry Freight Upheld.
SPENCER'S ATTACK FUTILE
Judge Kavanaugh Holds That Re
quest for Injunction by City, Not
Salt, I Proper Conrs Owing
to Oregon Grant.
ta vivininrh resterday morning
decidad the case of the State of Oregon
ex rel. E. W. Spencer against the Port- j
land Railway. Light & Power Company
In favor of the defendant, me court
held that tha state ha no interest
whatsoever In tha enforcement of city
regulatlone. the state having a;lven a
franchise which permit tha carriage
of freight and having delegated to the
city the right to grant and enforce
local franchises.
y ki. ..l.tAM th TnHrA nolntsd to
a section of the charter of Portland
which provide a remedy for violation
of franchises, the remedy being that
tha executive offlcera of the city on
being apprised of violation must, un
der pain of impeachment, taka atep
looking toward forfeiture of franchise
or absolute cessation of the evil against
which complaint la made.
Tho action of Captain Spencer was in
tha nature of a quo warranto proceed
ing citing the company to show causa
why It should not be enjoined from
carrying freight on it local lines, tha
franchises which It holds from the city
not Including tbla power.
State' Step Attacked.
John M. Gearin. appearing for tha
company, did not attempt to deny act
ual violations aa alleged In tho com
plaint but took tha position that the
state had no right to Intervene In the
action. In this contention he has now
been upheld by Judge Kavanaugh, who
decided that the question Is purely a
local ona. under the exclusive control
of the local authorities.
"It Is contended by the defendant. "
said the Judge In his decision, "among
other things that thl action is mis
conceived and that tha pleadings and
evidence fall to disclose a situation
that authorizes the application of the
remedy provided by the statute. - It I
aid that th evil complained of as thus
disclosed Is not the usurpation or tha
Intrusion into or unlawful tenure or
exercise of a franchise, but merely that
the grantee has violated certain pro
visions of tha franchise of the City of
Portland r.lating to th. transportation
of freight and express matter.
Double Franchise Held.
"Th sections of tha coda under
whloh thl action was Instituted are
statutory substitute for tha common
law proceeding In quo warranto. The
common law writ 1 abolished, but the
remedy obtainable under th. common
law may be obtained under tha coda.
Quo warranto In It broadest cense Is a
proceeding to determine the right to
the use or exercise of a franchise and
to oust the holder from Its enjoyment
If It claim be not well founded, lo thl
view, and according to the weight of
authority, this defendant is the holder
of franchises from different sources, a
SATURDAY
NIGHT SPECIAL
FROM T TO O'CLOCK
OXIY.
am Worth of
J)l.UO Good f--
oa sale for onIy..jUG
23c Box of Soap,
2Se Jar Talcum,
25c Hand Scrub,
25c Tooth Powder,
Se Weak Cloth, 4
$1.05 50c
READ
any certain day:
GOc Llitt rtae at
only
50c Poss.ni'a Pow
der at only. .......
BOe Java Powder
at only
COe Syrap
at only
Mte HlnaVs Cream
at only
3S Lyon's Tooth
Powder.
DRUGS
Best drugs In larger quantities
at lowest prices here always.
Alum,
pound. . .
10c
Epsom
Salts, lb.
F 1 a x -seed,
lb
Hypo,
Soda, lb
Oxalic
Acid, lb
10c
10c
L.5c
25c
Boracic OCn
Acid, lb.
Cases ra
25c
SOe De
Bark, lb..
Cream at.
Cream Tartar
on sal. MO
at. lb
Chalk, pre-clpltat-
rJCfN
ed. at, lb. AS'
Chalk, inr
French.lb.1
2Se Eapry. Cream
at only.....:.....",
S5e C a t o r la at
only
25e Brorao Seltser
at only
25c Graves' Tooth
Powder at ,
25c Mennea Tal
cum at.
60c Cream Elcaya
Pumice, Pow
dered, at I fin
Dound. . . I U
P 1 a ster
Paris, lb.,
10c
l i a u 0 R
SPECIALS
Maryland Reserve f OC
Rye, full quart, for.. 1 1 i 3
With Oae Pint Port
or Sherry Free.
H a n d e rson Smoothest Bour.
at only.-.
25c Woo4hnrya
Soap at
lve Jap Rom S.i
at only
bon, full
.q.un:.." $1.25
sale at.
With Oae Pint Port
or Sherry Free.
1000
COIN PURSES
placed on sale at 25c Reg
ular prices up to II. Thla
shipment arrived the first
of the week. W. want to
sell them all In ten days.
Look them over. Tou will
find all. sizes and
leathers. Priced at 0 C
Mail Orders Promptly Filled
' Sixteen Stereo oa the Paclfle Coast.
Seventh and Washington Sts.
franchise conferred by the state and
others by the City of Portland.
"The franchise from the state does
not prohibit, but permits the carriage
of freight for hire. Most of the mu
nicipal franchise in question prohibit
the carriage of freight or express mat
ter without license from the Council.
Under Its state franchise this defendant
has constructed and now operates sev
erai interurean line on which It car
ries freight for hire under authority
from tne state.
State Favor Practice.
"If tha state has any Interest In the
carriage of freight or express matter
by railway companies, that Interest Is
uniformly manifested In favor of the
practice, but the stats has delegated
to this municipality the authority to
grant franchises within Its corporate
limits and has conferred upon it power
to impose such regulation as the local
exigencies may demand. It must be
conoeeded that the practice of this
defendant In 'carylng freight or ex
press matter on It line in the City
of Portland was never prohibited by
the state but the restrictions were. Im
posed by the city for purely local rea
son nor ha the state any longer any
Interest in the enforcement of these
local regulations. Bo wa have here
presented the anomalous situation of
the state attempting to enforce a reK
ulatlon which It did not Impose, In whlcn
it has no interest and attempting to
prohibit and exclude a privilege which
it freely granted to this railroad cor
poration and to all railroad corpora
tlons.
Injunction Right Coarse.
"The city can secure relief in the
ordinary and usual remedy for viola
tions of public service franchises. Sec
tion 155 of the charter empowers the
Mayor to Institute proper proceeding
by injunction to that end.
"I conclude therefore that 'the com
plaint here is that the defendant has
engaged in business not authorized by
some of Its franchises; acta that are
ultra Vires or In excess of Its power
but not that It ha usurped franchises
not granted. Acts in excess of author
ity may ba carried ao far as to amount
to a misuse of tha franchise and au
thorize its forfeiture. A forfeiture,
however, I not sought In this pro
ceeding. As I have said this proceed
ing Is designed to oust the defendant
from a franchise not to prevent it
from exercise of privileges that are
ultra vires, without assailing its rights
to exercise the privileges granted. For
these reasons I am of the opinion that
the action is misconceived, that the
pleadings and evidence do not disclose
a situation which entitle the relator
to the remedy sought and this action
must fall."
DIVORCE IS DENIED BOTH
Judge Kavanaugh Find Bach of
Complaining Couple to Blame.
Holding that husband and wife were
equally at fault. Judge Kavanaugh
yesterday denied a decree of divorce
in tha case of B. C. Seydell against
Jessys Seydell. The evidence showed
that both had gone "Joyriding" with
other men and women.
Judge Kavanaugh overruled a mo
tion last week for tha reopening of
tha case, holding that evidence which
Mrs. Seydell wished to present as fur
ther proof of the charge against her
husband waa culmulatlve and not new
evidence.
Railroad Personals.
Charles H. Duffy, passenger agent for
the Santa Fe at San Francisco, Is visit
ing his brother, K. B. Duffy, traveling
freight and passenger agent for the
Gould lines In this city. The San Fran
cisco Duffy haa not been in Portland
for ten years and says he was hardly
able to find his way about the city so
THIS LIST
GOOD CANDY
Sfakeo Friends Ours
Is Good Candy.
SPECIALS.
Note the prices carefully;
these are regular every
day prices, not specials for
33c
29c
29c
29c
Gam Drops,
pound. ......
15c
B
ana, lb.... 20
Bei
Peppermint r
Drops, lb..,, IOC
15c
25c
15c
of Figs
Staffed
Dates, lb. . . .
Fig Squares,
pound
29c
h. 14c
.....
FRIDAY AND
SATURDAY SPECIALS
S5e Bathasweet, g
special at JLOC
50c Old line, Q A
special at..-. :..OUC
25e D o r I a'a H PJ
Rouge special.. X C
25c S a a 1 tol Tal- Q
cum at...' , ltjC
25c S a 1 1 a Sfcta -f
Powder at. JL O C
15c Swaa'Dowa Q
Powder at a C
25e Satla Ski. Q
Cream at.. ........ X C
Miracle
33c
50c C h a r I e a'
".29 c
Flesh Food..
16c
21c
19c
12c
11c
SOe Ingram's Mlllcvreed
Illk-vroed
30c
C r ant special
at only..
25c Ftti tllla,
special at
It Hoatetter's
70c
Bitter, special.'
25c C a carets,
special at.
31c
14c
".7c
1.00 Cntlcnra
Ointment at
75c
SOe C r y a t o a
special at. . . i .
50c Muth o
latum, special.
33c
29c
25c Lilt erlne,
15c
special . at.
S1.00 Br onto
.69c
&2fjpV GRANDE
aTL. 1 com.
SYRINGE
Seltser at.
IUe R a I a o I
Ointment at...
30c
50c W 1 1 Hams'
'.30c
Piak PUIS at
XSc Splro Pow
15c
der at
25c Eat h ymol
MOc
'.29c
Can be
used
either as
a h o t -water
bag or a
f o untaln
syringe,
complete
$1.69
Tooth Paste.
BOc C a a t hrox
special at,
POSTCARDS
for everyone, of all
k 1 n d a, at one -
price each, only X C
f4fy
numerous have been the changes In
streets and buildings.
John M. Scott, assistant general pas
senger agent for the Harrlman lines,
returned yesterday from Astoria, where
he completed arrangements for im
proved steamship service between that
city and Portland during the Centen
nial celebration. Beginning August
10 the steamer T. J. Potter, will call
at Astoria on the downward trip and
the schedule will be changed to ac
commodate those who want to make a
daylight trip.
E. R. Rudd, superintendent of the
Ilwaco branch of the O.-W. R. & N.
Company, operating between Nahcotta
Beach and Megler, Wash., was a busi
ness visitor In Portland yesterday. He
has arranged for two additional trains
on the Ilwaco road for Centennial
service. -
Harry Bonn, Nickel Plata agent at
Seattle, was in Portland on business
yesterday.
W. E. Coman, general freight and pas
senger agent of the North Bank road;
A. D. Charlton, assistant general pas
senger agent of the Northern Pacific,
and John M. Scott, assistant general pas
senger agent of the Harrlman lines, will
go to Rainier Inn, in Rainier National
Park, next week, to attend the meeting
of tha North Pacific Coast Passenger
Association. The. meeting has been
called merely to discuss subjects that
have accumulated after months of cor
respondence. The passenger men will b
the guests of the Milwaukee road at
the Inn.
Engineer Modern Solomon.
MEDFORD, Or., Aug. . (Special.)
Deciding that less than the 18000 asked
and more than the $4000 offered by
the county was due Chris Natwlck, con
tractor for work on Pumice hill grade,
William Gerig yesterday et th price
at 671.15. Unable to ettle the mat
ter between themselves, the contractor
and county engineer agreed on Mr.
Oerlg, chief engineer of the Pacific &
Eastern, aa arbitrator of the dispute.
Medford Taxes $517,374.40.
MEDFORD, Or., Aug. 8. (Special.)
More than half a million dollars is
the tax assessment of Jackson County
for 1911. The amount, (517,374.46, ex
ceeds last year's taxroll by more than
$100,000, the large Increase being due to
the greater valuation of state and
The Army of
Constipation
I Crowing Smaller Evor Day.
CARTER'S LITTLE
LIVER PILLS an
ar m rtuet-
th.y patmsDaollv
car LoaaUp.
titm. Mil-,
ton. DM
IfaesB (of
BiliMt-
om, Iaiirtaa, Sick Baaaacka, Sallow Ski.
SMALL PILL, SMALL DOSE, SMALL PRICE
r Genuine aaw Signature-
fintLTY 19 acceptive disease thou
ML! ilL I sand hav it and don't know
TpflllR! C it. If you want good results
IliUUDLL, you can make no mistake by
using Dr. Kilmer's Swamp - Root, the
great kidney remedy. At druggist In
fifty-cent and one dollar sises. Sample
bottle by mall free, also pamphlet tell
ing you how to find out If you have
kidney trouble.
Address Dr. Kilmer A Co., Binghamton, N. T.
1QRTER3
f A nitfi I I
S HIT"-
KODAKS
Complete Eiitnti line.
Finishing la 24 hears.
Work the best. Prices
the lowest. We make ao
charge for developing If
the entire roll la a failure
c
Rexall Remedies
are guaranteed remedies.
Tour money back if you
are not satisfied.
Catarrh
.25c
i3 Hair
Tonic. . .
I y p ep1a
a?.bI:!?25c
Celery and
I r o a 7Ca
Tonic... I
re y e 0cp
Wash..3
a?... 35c
K I n e y
rfV50c
Malt.. . . 50c
Obealty
T r e at- O I
meat V I
C.ndmy...25C
$24 TRUNK
$17.50
We are a factor jn the
trunk business of" Port
land. For Friday and
Saturday we offer our
No. 124, size 34, a three
ply veneer trunk-r-prac-tlally
indestructible
the regular price of
which is $24.00, on
13c
17c
sale at
only
$17.50
"OWL"
PREPARATIONS
We are proud of and guar
antee each and every one.
nitackberry
Balaam 0 E
A 1 k a line fS?
Sola- cn.
tlon, pt.JUl X53J
Beef, Iron
Pfc.75o m
-.250
at
Poison Oak
Remedy
on sale qCn
at
I)
a t a 1
Cream
(two
5c
.25c
25c
Foot C o m-
orir. Isa
for
25ci.. ,
at awu
Seldllli
I, JM
Tal
cum.. .
Order,
leys.. .
So-L25c f3
HANDBAGS
The new atln bag. We
have a few $1.26 ones
left, on sale at f f
only.. Di7C
at These Prices
$ I THERMOS BOTTLES $ I
No longer a luxury. Sold at a price
now within the reach of all. Let
us show you these new Thermos
Bottles, the genuine t - ff
Thermos, new price only 5 X.Vli
county taxable property,' tho special
school tax. The latter Increased in one
year from $94,884.69 to 1163.350.17. The
Sheriff and deputies are now busy col
lectlne' the assessments. -
Grows Hair
on Bald Heads
Resorcin Is one of the latest and
most effeotive germ killers discovered
by science, and In connection with Beta
Naphthol. also a powerful antiseptic,
a combination is formed . which de
stroys the germs which rob the hair of
its nutriment, and thus creates a clean,
and healthy condition of the scalp,
which prevents the development of new
germs.
Pilocarpine Is a well-known agent
for restoring the hair to its natural
color, where the. loss of color has been
due to a disease. Yet It is not a color-,
lng matter or dye.
The famous Rexall "93" Hair Tonio
is chiefly composed of Resorcin, Beta,
Naphthol and Pilocarpine, combined
with pure aloohol because of its cleans
ing and antiseptic qualities. It makes
the scalp healthy, nourishes the hair,
revitalizes the roots, supplies hair
nourishment and stimulates a new
growth. We want you to try -a few bottles
of Rexall "93" Hair Tonlo on our per
sonal guarantee that the trial will not
cost you a. penny if it doeo not give
you absolute satisfaction. That's proof
of our faith -in this remedy and it
should indisputably demonstrate that
we know what we are talking about
when we. say that Rexall "93" Hair
Tonic will grow hair on bald heads, ex
cept of course where baldness has been
of such long duration that the roots of
the hair are entirely dead, the, follicles
oloaed and grown over, and the scalp .
is glazed.
Remember, we are basing our state
ment upon what has already been ac
complished by the use of Rexall "93"
Hair Tonic and we have the right to
assume that what it has done for hun
dreds of others it will do for you. i In.
any event you cannot lose anything by
giving it a trial on our liberal guaran
tee. Two sizes, 60 cents and $1.00. Re
member, you can obtain Rexall Reme
dies only at The Owl Drug Co., Inc.,
coh Seventh and Washington sts. -
SAVES TIME and ENERGYj
Lightens All Housewbrkj
sapoog!
Cleans. Scours. Polishes
from cellar to garret
WORKS WITHOUT WASTE
Hay Fever and Summer Golds
MUST BE RELIEVED QUICKLY
AND WE RECOMMEND
Foley's Honey and Tar
Compound
For quick and definite results. '
For MEASLES' COUGH, for the COUGH
that follows SCARLET FEVER, fol
CROUP, WHOOPING COUGH, fol
ASTHMATIC CONDITIONS, or a cough
of whatever origin, including: CHRONIC
COUGHS of ELDERLY PEOPLE, ns
Foley's Honey and Tar Compound
For Sale by All Druggists.