OREGONTAN. FRTDAt. MAT 30, 1913.
THE MORNING
FIGHT OVER STREET
PAVING IS HALTED
Hearing of Case of Mayor of
McMinnville Continued
Until Monday.
INJUNCTION BEING SOUGHT
Cltj EaecntUe Serks to Have State
It retrained fton Further Trial
to Force Contract Judge
to Lose Jurisdiction.
McinXXVILLE. Or, May !. Spe
olal.) Tonight's hearing; of the case In
which Mayor W. T. Vinton waa ordered
to show causa why he should not sign
contracts for the pavlnr of 70 blocks of
streets la this city suddenly was Inter
rupted by a continuance until 10 o'clock
Monday, on motion of attorneys for the
State of Oregon. Judge M. I Pipes, of
Portland, and Jamea McCain, of Mc
Ulnnrille. attorneya for the Mayor, op
posed the continuance, hoping for a
final ruling tonight.
B. A. Kllck. representing the Msyor.
tonight is in 8alem trying to secure an
order restraining further procedure In
the case, but it is reported he failed te
find the Chief Justice of the Supreme
Court- j
Attorneys for the Mayor have flled
notice of an appeal from a previous or
der to sign the contract, and this Is
glren as grounds for the attempt to se
cure the restraining order.
A feature that is Interesting local
attorneys is that the Jurisdiction of Cir
cuit Judre Calloway, who presided at
the hearing, will end in this case on
June a when the Trjrd Judicial Dis
trict will be divided, leaving Yamhill
County In the newly-created Twelfth
IMstrtct. After that date no court ses
sion will bo held here until the first
Monday In August.
CONTEMPT PROCEEDINGS OX
JIcMlnntlll Mayor Is Ordered to
Court at Salem.
SALEM. Or, May Zi. (Special)
Circuit Judge Galloway today Issued
an order that William Vinton. Mayor
of McMinnville. be presented In court
to show cause why he should not be
punished for contempt of court. The
McMinnville Council has Issued con
tracts for paving several streets, but
Mayor Vinton refuses to sign them.
The company filed suit to compel him
to affix his signature.
Vtnton was here yesterday after
noon, but disappeared as the summons
was being written.
DISCRIMINATION IS CHARGE
Case of New Pine Creek. Or., Heard'
by California Commissioner.
NEW PINE CREEK. Or., May 29.
(Special.) Evidence today waa Intro
luced In the case of New Pine Creek
rs. the Nevada. California A Oregon
Railway, showing that 10 per cent of
the freight and passenger business of
Falrport. Cal, originated at New Pine
Creek and that the railroad company
DfilMals. who closed the New Pine
Creek depot, are also officers of the
Falrport Townslte & Land Company.
The Falrport depot is only half a
mile from the New Plna Creek, but lo
cal merchants are compelled to pay 13
cents a hundred pounds to have their
freight brought from the Falrport
depot. It was also charged that pas
sengers buying tickets to this place
re carried through to the California
town and ara forced to pay So cents
additional transportation to come back
br-
It Is declared .that the bona fide
population of Falrport is ten persons,
while New Pine Creek has 470 inhab
itants.. Today's hearing was presided over M
Edwin O. Edgerton. Railroad Commis
sioner of California. Railroad Commis
sioner Campbell, of Oregon, heard the
same case Tuesday.
BETTER CENTRALIA IS AIM
Campaign Outlined by Men's Broth
erhood and City Officials.
CENTRALIA. Wash, May Is. (Spe
cial.) At a Joint meeting held In Cen
tralla last night by the Men's Brother
hood, the City Commission and city
officials, a campaign for a better Cen
tralla waa outlined. Mayor Thompson,
who delivered the principal address of
the evening, praised the police depart
ment for the manner In which this city
Is kept free of crime, and at the sama
time he defended tha Commissioners
and police against charges of graft and
misconduct that have been made.
A petition was drawn up for circula
tion asking that the Northern Pacific
place a matron at the Centralla depot,
the Mayor saying that she would be
given police power, providing she is
appointed.
TOLEDO PIONEER IS DEAD
P. Blvens, an Aged Member of Odd
fellow' Lodge Succumbs.
TOLEDO," Or.. May Z9. (Special.)
P. Blvens, a pioneer resident of Lin
coln County, died near Dallas, Or, May
20 and was buried In the Elk City Cem
etery May 23. The funeral waa held
at the grave, by the Elk lodge of Odd
fellows, of which the dead waa an old
and faithful member.
Mr. Blvens waa the son of H. J. Blv
ens and was born May 5. 1859, at
Alrlle. Polk County. He moved with
his parents to Soap Creek. 'near Alrlle,
when S years old and resided there
until 1883, when he accompanied his
parents to Elk City. He was married
to Verna Parks. Three of their five
children are now living. Two sisters
and four brothers also survive him.
INSANE MAN DISAPPEARS
Salem Asylum Attendants Searching
for Lawrence Holland.
SALEM. Or, May 29. (Special.) At
tendants at the Insane asylum are
searching here and in Portland for
Lawrence Holland. He was adjudged
insane 4 wo years ago, but later was
paroled In the custody of his father,
Patrick Holland. He was taken to
California, but his condition did not
improve and he waa returned to the
asylum. His father later made a fur
ther effort to get him out of the asylum
through a writ of habeaa corpus. Hoi.
land's parents, who live In Portland,
were here Tuesday and Wednesday and
were allowed to take their son to the
business part of the city both days. The
man did not return.
CLASS DAYENDS IN FIGHT
Spokane High School Scene of At
tack's by Undergrade
IN YE
OREGON GRILL
Refined Cabaret and
Musical Revue
Evelyn Gilbert
and the
American Beauties
Lillian Gilbert, Alice
May, Hilda Le Roy,
Gertrude Mclntyra and
Mildred -Fitzgerald, in
a Cabaret Show ex
traordinary, during
lunch, dinner and after
the theater.
Last appearance of
Prof. Spargur Sunday
night in the Fountain
Grill. On the Mezzanine
at 8:15 to 10:15. a spe
cially arranged pro
gramme will be rendered.
TOMORROW NIGHT
Return engagement of
Signor Pietro Marino
and His Orchestra in
YE OREGON GRILL
at
Dinner and After the
Theater
OREGON HOTEL
bruises marked the close of the senior
class day at tho Lewis and Clark High
School today, when several sudden at
tacka were made upon all boys of the
clasa by bands of undergraduates.
rvi .ttn.k tnnlc nlace Imme
diately after the close of achool for
the day. when Jack uarnanan, iuuiai
star and member of the freshman class,
leading a small band of his fellow
classmen, grabbed a band of seniors,
led by Earl Wessels. The scuffle took
place In the main hallway of the
building and waged furiously for ten
. j...inv whUh rim rl&Ded
imnuies, uui.ua " ' " -
clothes and bruised faces were handed
out In buncnea.
it 31.. v twvit In thA main hall
iiaiuij uu . "J ...
quieted, with the underclassmen victo
rious, when anotner attacainij. party.
i -i u ll'n1. UartrravM AlxO a football
j i ? . u r - - -
player and underclassman, downed
some unsuspecting seniors on the front
steps of the achool.
During tho entire day me seniors
had their way at the school, dressing
a m thv nleaserf and displaying their
colore everywhere.
Body of Unknown Washes Ashore.
ASTORIA. Or., May 29. (Special.)
The body of an unknown man was
washed ashore about noon today on
Long Beach, Wash. He was apparent
ly about 35 or 40 years of age. five
feet, nine Inches tall, weighed 180
pounds and had short red hair and
mni.anK VJ wa t rnsfr1 In a blue
serge suit with a white knit undercoat,
marked "R. W." The laundry mark
on clothing was 4S71
TRUE heroism is
not sectional or
local; it is a national
possession; an inter
national asset. It
doesn't involve suc
cess or failure; sometimes
there's more heroism in
losing than in winning.
There's not much that's
heroic about the clothing
business; it's a matter-of-fact,
hum-drum . sort of a
proposition. But it is possible
to do business in a spirit of ser
vice; to see that the man who
pays his money for merchandise
shall get all that it's possible to
give, in value.
. That's the way we are
trying to do our business
Sam'l Rosenblatt Co.
The Men's Shop for Quality and Service
Northwest Corner Third and Morrison
Copyright Hart Sohaffner & Marx
'
1 1 .
I
MIS TO SEE CAVES
FIFTY AUTOS WAITING AT
GRANTS PASS FOR HIKERS.
Twenty-Two Packhorses W1H Carry
Personal Buggage and Six
Guides Will Show Way.
GRANTS PASS, Or., May 29. (Spe
cial.) Fifty automobiles, and more If
needed, are on the Commercial Club
list to carry Mazamas tomorrow to
Stevens, where the road ends and the
mountain trail begins. At Stevens
camp has been established since Tues
day, and supplies have been packed
in to Meadows, which is 27 miles from
the caves and where the Mazamas will
camp the first night, leaving only a
short walk next morning before en
tering the marble grottoes.
The assembled autos will leave here
at 8 o'clock "and will reach Stevens
within two hours, where lunch will- be
served under the auspices of the Com
mercial Club.
Twenty-two pack horses have been
brought to camp to carry the personal
baggage. Six guides,, familiar with the
interior, will pilot the host of Mazamas
through the long passage ways from
level to level.
All day Saturday will be passed In
exploring and sightseeing, and at night
the return will be made to Stevens,
where the visitors will be picked up
early Sunday morning by autos on the
return trip.
MANY GOVERNORS COMING
Western Executives to Attend Con
ference In Salt Lake, June 5-7.
SALEM, Or., May 29. (Special.)
Governor West has been informed by
the Governors of Colorado, Idaho, Mon
tana, Nevada, New Mexico, Utah and
Wyoming that they will attend the
Western Governors' conference, to bo
held in Salt Lake City June 6, 6 and 7.
Governor West is president of the
organization, and he expects Governors
from several other states than those
mentioned.
A discussion of the development or
the resources of the West will be the
principal business of the conference.
Baker Man Killed by Train.
BAKER, Or. May 29. (Special.)
While trying to board a freight
at the O.-W. K. St in. aepoi ii - i.
today. Joe Smith slipped and his foot
caught in the step so that he was
dragged and killed. The only bruises
discernible were about his head and
shoulders. He worked for the Utah
Construction Company at one time, and
is about 26 years old, but nothing is
known of his home or family.
New Grade Brings Damage Claims.
CHEHALIS, Wash., May 29. (Spe
cial.) Chehalis' City Commissioners
yesterday made assessments totaling
$3558.52 for cement sidewalks built in
residence portions of the city already
this Spring. In the matter of the
street grade on Washington avenue
claims for damages to property aggre
gating J2400 already have been filed
with the Commission and others are
threatened.
Ft
ANG1
SE
0
LD
GIAN
IT
ED
A Comparative Statement to Show How Unfair and Misrepresentative
My Opponents Are
PLAIN
CHANGE IN COMPENSATION. There is no change in the city's in
come, as the terms are identical with those submitted in original application.
Therw was an amendment introduced and passed by the Council to increase
the compensation, which was prohibitive. In fact, the Executive Committee,
in their report, which is a matter of record at the Auditor's office, recom
mended a rental basis which would have figured about Twenty Thousand
Dollars ($-.20,000.00) during the life of the FRANCHISE. Under the terms
of onr FRANCHISE we are paying Three Hundred and Thirty-three Dollars
($333 00) per vear for each mile of railway. Why should we pay more than
Three Hundred and Thirty-three Dollars ($333.00) per year for each mile
when the Portland Railway, Light & Power Company is only paying Two
Hundred Dollars ($200.00) per year for each milet In other words, we will
pav during the life of the FRANCHISE nearly as much as the Portland
Railway, Light & Power Company have paid since their organization for all
the trackage their system contains. IS IT FAIR f And don't forget the
Portland Railway, Lieht & Power Company only received their blanket
FRANCHISE ninety davs ago, and their FRANCHISE is for 18.28 miles
of streets, while our FRANCHISE only covers 4 miles. Just figure it out
for yourself.
OMISSION OF CLAUSE PREVENTING SUB-LETTING OF FRAN
CHISE. We refer you to Section 21 of our FRANCHISE, by which you
will note that the Council at all times shall have the power and right to
REGULATE IN TnE INTEREST OF THE PEOPLE THE EXERCISE OF
THE FRANCHISE. In addition, we are subject to Section 99 of the Char
ter of the City of Portland and must make quarterly reports of accounts to
the City Auditor. .
OMITTING CLAUSE REQUIRING IRON OR STEEL POLES WITHIN
FIRE LIMITS. What a gross misrepresentation, and how they are trying
to deceive the people. The FRANCHISE within the fire limits will be over
common-user tracks, which are now being laid by the Portland Railway,
Light & Power Company. The construction is under way at the present time
and the question of iron or steel posts is one that interests every voter. Take
a walk down Broadway and see if they are putting them in. If not, it should
be done, and can be done, as the city has the right in the interest of public
safety to require iron or steel posts in the fire limits.
OMITTING THE SCHEDULE OF CARS PROVIDING FOR AT LEAST
FIFTEEN-MINUTE SERVICE. At the last general election the control of
all public utilities was voted to the State Railway Commission. This measure
was originally passed by the Legislature of 1911 and went to the people by
referendum and was passed by the people at the last election. So that the
State Railway Commission now has full authority to regulate length of
trains and schedule of service. Why don't they tell you it is a legislative
act and Charter provision instead of misrepresenting the actual facts t
Section 61 of the new Charter provides: "The Council shall have gen
eral supervision and power of regulation of all public utilities within the
City of Portland and of all persons and corporations engaged in the oper
ating thereof," etc See also Section 62: "They (the Council) shall have
VOTE 102X YES
the power to control, regulate and order such changes, improvements, ex-,
tensions, additional facilities, appliances or equipment in or upon the plant
and property of any person or corporation operating public utilities within
the city as may be deemed necessary to promote the public interest, conven
ience or safety and to protect its employes in the construction, maintenance
or operation of any such public utilities." FURTHER. WOULD EXTEN
SIVE CAPITAL BE PUT INTO A STREET RAILWAY SYSTEM AND
THE OWNERS THEREOF BE SO FOOLISH AS NOT TO OPERATE THE
SYSTEM t How else could they obtain their revenue T
OMITTING ANY RESTRICTION ON FREIGHT CARS. How child
ish. Just read for a moment an extract from Section 1, GRANTING
CLAUSE: "For a railway line for the transportation of passengers, bag
gage and express." Read also from Section 1, GRANTING CLAUSE: "Pro
vided, that on Seventh street, between Flanders street and Grant street, the
grantee shall lay down and construct double tracks, but the same shall not
be for interurban railway business or for any railway business EXCEPT
THAT OF STREET RAILWAY PASSENGER TRAFFIC."
As a thinking voter is there any right to operate freight or interurban
ears under the above terms T No! A thousand times no! But they raised
the point and we have met it. '
OMITTING THE CITY'S RIGHTS TO OPEN STREETS ALONG
PRIVATE RIGHTS OF WAY. Just read this from a copy of the FRAN
CHISE: '
Street Improvements
Section 4. "Nothing in .this ordinance nor any right or privilege granted
by this ordinance shall be construed to prevent the municipal authority of
the City of Portland from sewering, grading, paving, planking, macadamizing,
improving, altering or repairing any of the streets over which the tracks au
thorized by this ordinance are constructed or operated." Can you see in the
above any restriction of the people's rights?
PROVIDING AGAINST A MERGER WITH -ANY COMPETING
COMPANY. This FRANCHISE will be subject to the provisions of the
new Charter, which the Supreme Court of Oregon held on yesterday was
legal. Just glance for a moment at Section 79 as passed at the special elec
tion held May 3 :
Section 79. "No franchise shall be sub-let or assigned, nor shall any
of the rights or privileges thereby granted or authorized be leased, assigned,
sold or transferred without the consent of the city expressed by ordinance,
which shall be subject, as other ordinances, to the referendum." Surely our
opponents knew of the existence of the new Charter.
CHARGE FOR CROSSING THE BROADWAY BRIDGE. They have
been trying to mislead you regarding -the compensation for crossing the
Broadway bridge. This is a legislative act whereby any railway crossing
the Broadwav bridge will be compelled to pay three cents (3c) per car, and,
in addition, there will be the 'regular city, county, state and other taxes on
the physical property and equipment, carbarns, etc.
In an issue of The Oregonian Saturday morning, May 24, my opponents
give date of October 2, 1912, to letter from Charles G. Andrews, of Los An
geles Realty Board, while in the issue of Thursday, May 29, my opponents
print what is presumed to be a facsimile, giving date as May 20, 1913. II AV h
THEY PURPOSELY CHANGED THE DATE ON THIS LETTER? ANhyf
Think it over. . .
Are we interested in building up payrolls and industries m Los Angeles
or Portland? Where is our civic pride? Why is Los Angeles forging ahead
so rapidly? We can tell you the reason. It is because they
Encourage Every Project That Will
Employ Labor and Bring New Capital
The most valuable piece of property in Los Angeles is on Spring street
and it commanded the highest price. Does that look as if competition in
street railways has hurt Los Angeles? To the contrary, look up their in
crease in population, bank clearances, manufacturing, real estate transfers,
building permits, etc. Look at South Bend, Indiana. Competitive street
railways helped to double the population in five years. And there are In
dianapolis, Indiana, and Detroit, Michigan. Their remarkable growth was
influenced by their street railways. Shall Portland say that they do not
want new capital to enter their city to employ labor and lose the benefits of
the influx of Eastern capital that will be looking to the Pacific. Coast on the
completion of the Panama Canal, or will they extend the cordial hand of
welcome to a competitive street railway? We wonder if our Los Angeles
friends were making an effort to attract the attention of investing capital
to their city? Think it over. '
In last night's papers my opponents who do not want actual street rail
way competition made the statement that the FRANCHISE I am applying
for extends over a distance of 8y2 miles. See how unfair they are. Our line
starts at the corner of Kilpatrick and Derby streets and thence traversing
the routes as explained in all of the papers to the corner of Broadway and
Grant streets, a distance of 4ft miles. WHY SHOULD THEY LIE ABOUT
THE DISTANCE COVERED BY THE FRANCHISE? Look at the city
map and see the distance for yourself.
READ THE FRANCHISE PUBLISHED IN THE MORNING ORE
GONIAN MAY 28, WHICH WILL ANSWER ALL OF THEIR LYING
STATEMENTS. -
COST OF CONSTRUCTION AND MAINTENANCE. By the provisions
of Section 16 there will be spent for construction alone Two Hundred and
Fifty Thousand Dollars ($250,000.00) on the first unit. This does not in
clude the money that will be expended for car shops, operating plant, car
barns or equipment, and each year there is to be expended for maintenance
of track the sum of Ten Thousand Dollars ($10,000.00). Do you want this
money, and other millions that are ready for construction and will employ
hundreds of men, spent in Portland? If so, VOTE 102 X YES.
GEORGE F. HEUSNER,
1408 Yeon Building
(Paid Advertisement)