THE MORXESG OKEGOIflAN, WEDNESDAY, JUNE 11, 1913
FIVE-CENT FARE TO
MILWAUKIE VALID
Supreme Court Decision Up
holding Oregon Commis
sion Has Broad Effect.
SUBURB'S FOOTING FIXED
Secretary of Milwaukie Commercial
Club Says Growth Will Continue
Josselyn Avers Railway Will
Ixise on Business.
OREGONIAN NETVS BUREAU. Wash
ington, June 10. The Oregon State
Hallway Commission won today before
the United States Supreme Court In
the Mllwaukle and Oak Grove fare
cases, and the order of the Commission,
reducing the fare between Portland and
Mllwaukle from 10 to 5 cents and be
tween Portland and. Oak Grove from 15
to 10 cents, stands approved, as does
the order requiring: the Portland Rail
way, Light & Power Company to grant
to citizens of these two suburbs the
same transfer privileges In Portland as
ore granted to residents of Mount Scott.
The Supreme Court todav affirmed
the decision of the Oregon Supreme
Court, upholding the validity of the
' ommisslon order in these cases, and
iurtner holds that this order is not in
violation of the 13th amendment of the
r "cieial Constitution, in that this reduc
tion being made in conformity with the
state law is not taking property with
out process of law, inasmuch as the
railway company had the right and did
appeal to the courts from the order of
tne commission.
ommisNlonVt I'oivfr Defined.
In its decision in the Milwaukie case
ine nupreme t. ourt went to some length
in defining tlie powers of the Oregon
Railway Commission generally, and in
inis ease in particular, saying:
"The Supreme Court of Oregon held
that the statute under which the Rail
way Commission Issued Its order ap
plied to localities ns well as to Individ
uals, and lliat far.s that were unrea
sonable or unjustly discriminatory as
asalnst any given locality came within
Its terms. This construction of the
statute Is binding on this court.
"The authority of states to control
by appropriate legislation rates of fare
to be charged i.y their street railway
companies and their common carriers
Wholly within their borders and sub
ject to their laws is unquestionable. If
n state may not thus legislate as to
domestic corporations, the corporations,
by merely arbitrary action, may so ex
ercise their rate-fixing power as to
build one community and destroy an
other and prevent that equalltv of
treatment, which has been the object
of many statutes of this kind, passed
under state or Federal authority.
It was not so much the establish
ment of the fares between Portland
and Mllwaukle at 5 cents and between
Portland and Oak Grove at 10 cents
that made yesterday's decision of the
Supreme Court important, but the fact
that by this decision the Supreme Court
gave notice that it declined to interfere
In action previously taken by the State
Railroad Commissioners.
It establishes a precedent, that, it
Is believed, will be followed In the
future, not only in cases originating in
Oregon, but In those taken up from
other states.
Case In Court Rive Years.
The Oregon commission, on applica
tion of organized residents at Mll
waukle and at Oak Grove, fixed the
fares betwen those cities and Port
land at 5 cents and 10 cents, respec
tively. The cases have been carried
through the various lower courts for
the last six yeirs, the company mean
while collecting the old rates, which
are 10 cents between 'Mllwaukle and
Portland and 15 cents between Oak
Grove and Portland.
Since March 8. 1908, when Judge Gal
loway, in the Circuit Court of Marion
County. Issued an injunction restrain
ing the Railroad Commission from en
forcing its order reducing the fares,
the Portland Railway. Light & Power
Company has been issuing receipts for
all cash fares. These receipts now
will be rebated for 5 cents each. It
1 estimated that more than $20,000
of rebates are due to residents of the
affected districts. Although the order
reducing the fares and granting uni
versal transfers win become effective
at once, the rebateH will not be paid
Until after formal receipt In Portland
of the court's decision. This may be
0 days.
Herman Loedtng. secretary of the
Mllwaukle Commercial Club, was In
J'ortland yesterday when he received
news of the court's decision. He has
.been one of the most active In con
tending for the reduction in fares.
Suburb Put on Parity.
"It will do a whole lot to develop
Mllwaukle," he said. "With a straight
-cent fare to and from Milwaukie we
are on a parity now with other suburbs
of Portland. It means that it will be
Just as cheap for people to live In
Mllwaukle and work In Portland as It
, is to live in any of the other suburban
districts.
"There has been a whole lot of de
velopment at Mllwaukle on the
strength of the case, even while It was
pending. Although many of our own
people feared we would lose It. others
were confident we would win and an,
tlclpated the result. As a result we
have many miles of paved streets, ce
ment sidewalks, sewers and handsome
residences that never would have been
possible under the retarding influences
of a 10-cent fare.
"Mllwaukle Is sure now to continue
Its growth. I believe that within three
years both the company and the people
of our city will benefit from the re
duction. The development will in
crease the frequency of travel."
Officials of the Portland Railway
Light & Power Company, as soon as
they learned of the decision, arranged
to place the reduction Into effect. Con
ductors were notified to start collect
ing only 6 cents betwen Portland and
Mllwaukle and only 10 cents between
Portland and Oak Grove this morning.
Transfers will be granted to any line
t-peratlng In the same general direction
In Portland.
Business Losing, Says Josselyn.
B. S. Josselyn, ex-prestdent of the
company, received the news with good
humor. He said that the principle for
which he and his company contended
seemed to him to be right. He In
sisted, however, that the company
would operate its passenger business
between Portland and Mllwaukle at a
J.iSS.
The Mllwaukle and Oak Grove cases
have been in the courts since January
0. 1908. when the Railroad Commis
Blonerg Issued their original order for
the reduction on account of alleged dis
crimination in favor of Lenta which
has a 3-cent fare. Suit bad been
brought August 13, 190T. by the clty
of Milwaukie. and the neighborhood
of Oak Grove. In February. 1908. the
railway company brought a suit in
the District Court of Marlon County to
enjoin the enforcement of the order.
A temporary Injunction was Issued on
the condition that rebate checks be Is
sued, The Circuit Court and the Supreme
Court of Oregon held that the old rates
of fare on the interurban from Mil
waukie and Oak Grove were not un
reasonable, but were discriminatory,
and for that reason upheld the Railroad
Commissioners' order, which required a
similar fare be put Into effect for Mll
waukle as existed for Lents. In the
Supreme Court of the United States the
relative merit of the service as ren
dered for Milwaukie and Lents was
fully discussed and presented.
LOBBYIST IS HEARD
Sugar Men Agree $100,000
Has Been Spent in Fight.
M'MAHON'S CASE UP SOON
Columbia Southern Injunction Hear
ing Set for Friday.
SALEM, Or., June 10. (Special.)
Circuit Judge Galloway will next Fri
day hear argument in the suit of L. H.
McMahan against the Secretary of State
and State Treasurer for an injunction
against their spending any part of
$450,000, appropriated at the last ses
sion of the Legislature for reclamation
work In the Columbia Southern project.
Judge Galloway has announced that he
will not render a pro forma decision
to facilitate the adjudication of. the
case, but will decide It upon Its merits.
The lawyers interested have been no
tified If the case is appealed in time
the Supreme Court will hear argument
upon It June 18.
Mr. McMahan filed an amended com
plaint today. He contends that the
bill making the appropriation is spe
cial and local legislation and there
fore is unconstitutional. The Board of
Control. In case the plaintiff should
COMMON FUND IS DENIED
Hawaiian Agent Says About as
Miany Planters Favor Penal La
bor System as Southerners
Who Want Slavery.
WASHINGTON-. June 10. For six
hours today ex-Governor Carter and
Sidney Ballou, two of the men who
have conducted the fight of Hawaiian
producers in Washington to retain a
duty on sugar, outlined to the Senate
lobby Investigating committee their ac
tivities here and elsewhere.
Governor Carter testified that noth
Ing was paid by him and he received
only his expenses. Mr. Ballou said he
was the regular agent of the sugar
producers In Washington, with a sal
ary of $12,000 a year and $3000 a year
for expenses. Both agreed that about
PRESIDENT UNIVERSITY OF OREGON AND FACULTY MEMBER
ItK.AJN'1'x;JJ .DOCTOR'S DEGREE
V. L. CAMPBELL A.XU JOHN STIUUB.
adopt dilatory tactics, which he says
he will not do. has decided to file a
suit for mandamus against the Secre
tary of State to compel him to pay a
small claim. It is believed this action
would accelerate the progress of the
case through the courts.
UMATILLA PIONEERS ELECT
t
W. A. Nye Again Is President of
County Association.
PENDLETON. Or.. June 10. (Spe
cial.) W. A. Nye was re-elected presi
dent of the Umatilla County Pioneers'
Association at its annual reunion picnic
at Weston. John Bently paid tribute to
Nye, recounting experiences of the trail
blazers in crossing the plains by ox
teams. S. A. Barnes and J. H. Price
were re-elected secretary and treasurer
respectively.
Among the pioneers who attended
were: Mrs. P. J. Purcell and William
Scott, '46; Mrs. Van Winkle, '49; Louis
McMorris and Mrs. Margaret Campbell
Smith, '51: Mrs. M. J. Mays, Mrs. J. S.
Harris, Mrs. L. Mansfield, Mrs. Jane
Nelson and R. M. Powers, '52, and Mrs.
Sarah McDougall, '62.
OREGON GETS DELEGATES
Governor to Xante Forward-to-tbe-
Land League Representatives.
SALEM, Or., June 10. (Special.)
Governor West today received a let
ter from the secretary of the National
Forward to the Land League urging
him to appoint delegates to represent
Oregon at a convention to be held in
Los Angeles August 6 to 9. inclusive.
The object of the convention is to
devise means of bringing persons' to
sparsely settled states. It is estimated
that each newcomer adds more than
$1000 to the land values of a state. The
Governor will appoint as delegates all
persons interested. In the work and, who
will promise to attend the convention.
Pendleton Youth Killed.
PENDLETON, Or, June 10. (Spe
cial.) While riding on the front of a
switch engine at Umatilla at 2 o'clock
this morning Loralne F. Anthony, 19
years old, a call boy for the O.-W. R.
& N., was knocked off in an unknown
manner and run over and killed. The
body was shipped to The Dalles for
burial.
$100,000 had been spent by the sugar
people in their campaign against free
sugar, but denied that there had been
any tangible communication between
the United States cane and beet and
Hawaiian cane producers with a com
mon fund directed to influencing legis
lation. Governor Carter said that three
Senators, Swanson, Lewis and Wil
liams, had told him or Hawaiian
friends that they were not in sympathy
with freo sugar, but that since It was
advocated by the Democratic party
they must vote for It.
He declared he had got no satisfac
tion when he spoke of hearings to
members of the Cabinet, Representa
tives and Senators.
"Secretary Lane told me," said he,
"that it was a legislative matter ana"
the Administration had nothing to do
with it. I called up and they told me
that It was an executive matter and
they had nothing to do with it."
Mr. Ballou's testimony was largely
corroborative of that given by Gover
nor Carter.
Mr. Ballou was questioned at length
by Senator Reed about the labor con
ditions in Hawaii. Senator Reed
wanted to know if the Hawaiian plant
ers were not desirous of a return of
the penal labor system. He read a
statement to this effect from what he
said was a "suppressed" report by
Daniel J. Keefe, then Commissioner of
Immigration.
"There are about as many gentle
men in Hawaii who favor a return to
that system as there are gentlemen in
the South who favor a return to sla
very," answered the witness.
BAGGAGE CHECKED ORDER
Portland Man Wins Fight Against
Traction Company.
SALEM, Or., June 10. (Special.)
The State Railroad Commission has
Issued an order that the Portland
Railway, Light & Power Company on
its EBtacada branch hereafter shall
check the bareaiTA nf naRapnrera t
same as other railroads.
C. G. Sutherland of Portland filed
complaint that the company had re
fused to check his baggage on a trip
made by him recently. He had to
pay for having it checked. According
to the ruling, adults may have bag- I
gage weighing not more than 150 !
pounds and children baggage not
weighing more than 75 pounds checked
gratis.
YOU young men can unite business
O VI irvl - nit -v-v Vvtt ---vvy
ctxivA picaouic uy twining-
in out of the crowd for a few
minutes to look over these suits
that are going at $10.
They're 1912 models in handsome
fabrics. Up to now the prices have
been $15 and $20 you'll look just as
Rood in one at $10, though, and
have money left. Let's see you in
some time today.
Second Floor
For tlie knee-pant boys we've grouped dozens of fine double-breasted fcnick
erbocker Suits, some with extra trousers, that have been selling at $6.50,
$7.50 and $8.50, and worth the money. Pick and choose now for only $5.00
A splendid present with every knicker Suit.
SUNSHINE SPECIAL Dainty Suits of wash fabrics for little shavers;
they've been $1.50, $2.00, $2.50, $3.00, $3.50, $4.00, $4.50 and $5.00. Take 'em
now at ONE-HALF. Second Floor
"D T? AT CTT'T T TAJ leading
JL3.LJ1N 011.-LJ-LJJ. JT
CLOTHIER
Morrison Street at Fourth
OREGON MEN HONORED
DOCTOR'S DEGREES GIVEN TO
FACULTY MEMBERS.
President Campbell and Dean Straub
Receive Ratification From
Eastern Institutions.
UNIVERSITY OF OREGON. Eugene,
Or., June 10. (Special.) President
P. L. Campbell of the University 'of
Oregon, and Dr. John Straub, dean of
the college of liberal arts and the
oldest member of the faculty in point
of service, has been honored with doc
tor's degrees from the University of
Colorado and Franklin and Marshall
College, respectively. President Camp
bell has received the degree of doctor
of laws from the University of Colo
rado, and Dean Straub the degree of
doctor of letters from Franklin and
Marshall.
President Campbell received his
bachelor's degree in arts from Har
vard In 1886. He has never attended
the University of Colorado and the
action of the faculty of that Institu
tion Is therefore purely an honorary
distinction. The University of Colo
rado Is located at Boulder.
Dr. Straub attended Mercerburg
College before that institution was
consolidated with Franklin and Mar
shall. He graduated from Mercerburg
and taught In the faculty one year
after his graduation. After the con
solidation of the two colleges Dr.
Straub entered Franklin and Marshall,
earning the degree of master of arts
in 1879.
One ypur previously, however. Dr.
Straub came west to enter the fac
ulty of the University of Oregon,
where he has seen 35 years of con
tinuous service. Not only Is he the vet
eran of the university faculty, but It Is
believed his career as instructor stands
as a record for the Pacific Coast. Dr.
Straub announces, however, that he
will retire at the end of another 35
years In his present position.
Another unique distinction shown
Dr. Straub by his alma mater is the
granting of the degree to him In ab
sentia, in doing which the faculty
broke an established precedent of
awarding degrees to the recipients In
person only. Dr. Straub, however,
found It Impossible to make the trip
to Lancaster, Pa., the seat of the
college.
WILLIAM KAUFFMAIM DIES
Prominent Architect Passes Away at
Orchards Home.
VANCOUVER, Wash.. June 10. (Spe
cial.) William Frederick Kauffman,
52 years old, a prominent architect,
died suddenly of appoplexy at his
country home near Orchards, Monday
He was ill but half an hour. He is
survived, by a wife and daughter. He
was a native of Rochester, N. Y.. but
had lived In the West many years.
Lewis Heinrlchs, 49 years old, a re
tired soldier, who served at Vancouver
Barracks, and also In Alaska, died at
his home, 1015 West Seventeenth street,
today. He leaves a wife and a son and
two daughters. He was a native of
Elbing, Germany.
Fraud Costs Ten Days.
OREGON CITY, June 10. (Special.)
Found guilty of having "obtained
food and lodgings with Intent to de
fraud" from W. F. Adams, a boarding-
house keeper. Earl Jerrett. 24 vears old.
was sentenced Tuesday to 10 days In
the county Jail by Justice Slevers. The
bill alleged to have ben run up by
Jerrett was approximately $3. Un
der the Oregon law he could have been
sent to Jail for 50 days and fined J50
ca wen ior tne orrensc.
FREE TEST
TO SHOW YOU
ITS GOOD
We're So Proud of Edgeworth
That We Urge You to Try
It at Our Expense
Something new a free
trial offer for tobacco isn't
it ? But, pshaw ! we know
Edgeworth is so delightful
a smoke that if we can get
you to test it, you'll become
an Edgeworth Champion
as thousands have.
"extra high grade"
R4dy-Rabbd or S&cmd PIm
Smoking Tobacco
We're so mire of Edffcworth that
we GUARANTEE it and will refund
the purchase price if you are dissatis
fied. Edffeworth READY-RUBBED
in 10c and 60c tins, everywhere, and
in handsome $1.00 humidor packages.
Edgeworth Sliced Plug-. 13c. 15c, 50c
and $1.00. Mailed prepaid If your
dealer has none.
Liberal Sample Free
We know what it will mean to yon to
try Edgeworth, so we ask you to accept
a few good smokes at our expense.
Write today and we will mail sample
to you without charge, if you will
send us your dealer's name.
LARUS & BROTHER CO.
Esiabiislli 1877)
HALF OF VOTE REGISTERED
Mass Meeting Takes Steps to Get
Every Voter on Books.
VANCOUVER. Wash.. June 10. (Spe
cial.) Only 2014 voters of the 4028 in
the city were registered when- the City
Clerk's office closed Monday. A strenu
ous effort is being made to get the full
number registered so that all will be
able to vote on the bonding of the
county for $500,000, to pay the State
of Washington's share of the Pacifle
Highway bridge.
The County Commissioners will not
be able to call a special election until
July, the first regular meeting after
the going into effect of the law.
A mass meeting of Precinct C was
held tonight at the Courthouse and
steps were taken to get every voter in
the precinct registered.
Kansas Calls Tor Elopers.
ALBANY, Or., June 10. (Special.)
LkjuIs Yarger and Mrs. May Kirtley, of
Smith Center, Kan., who were arrested
in Lebanon last week on the request of
Kansas officers, are to be taken back
to answer statutory charges in the
Kansas courts. Sheriff Farris. of Smith
County, Kansas, arrived here last night
to take the prisoners back. Yarger,
aged 19, and Mrs. Kirtley, aged 26, have
been in the Linn County Jail here since
they were arrested, a week aio. Thev
I are said to have eloped from Smith
I Center.
Alao manufacturer, of Qbotd Granulated
Plus Smoking To bacon
IS South 2 l.t Street, Richmond. Va.
SUmo Pht or Rel;-IUUea 'dT
Eitacr war yoa want it
WHY SUFFER
STOPS
THE ACHE
INSISTonDENT'5
ALL DRUGGISTS - 15C
FowneS
KID FITTING
SILK GLOVES
Wear llUll'H Wear
WELL-KNOWN RESIDENT OF REARDON
SAYS, "IS PLEASURE TO INDORSE"
MRS. S. J. ELKINS, TEMPORARY RESIDENT HERE,
TELLS HOW PLANT JUICE CURED HER;
...... ...... ..- - .1
Mrs. S. J. r.lkino.
Mrs. S. J. Klkins, a well-known lady
of Reardon, Oregon, is visiting her
daughter, Mrs. Cox, who resides at Oak
Grove, Oregon. Mrs. Klkins has lived in
or near Spokane since 1879. and has
many friends who will be interested in
the following. She says:
"About two years ago I became a
great sufferer from various distress
ing symptoms and told that my
troubles were caused from stomach and
liver derangements, about a year ago
I began to have fainting and" sinking
spells. I would become unconscious and
fall wi.thout any warning, these attacks
were very frequent and sometimes I
would have several In one day. This
affected my nerves and general health
to a marked degree. I was restless and
nervous and coul.l not sleep at night, m;
eyes also became afrectad and my vision
was very Imperfect, ray condition was
such that my children would not let me
go out alone, my stomach was in bad
condition and would bloat and give me
great distress. I was compelled to eat
only toast and milk to avoid this. A
friend of mine recommended Plant
Juice to me and I thought I would trv
it. From the first dose it seemed to
help me. My stomach Is In fine con
dition now and my appetite is good and
I can eat real food without distress
afterward. My eyes are much better
and I now read and write every dav as
usual. I have not had one fainting spell
since I began taking Plant Juice my
nerves are much better. In fact 1 feel
greatly improved in every way and it
is a pleasure to me to recommend Plant
Juice to others."
The above is only one of the many
testimonials the Plant Juice man daily
receives. This wonderful tonic Is too
well known now to need any further
explanation from us. Just ask your
neighbor about It- Its friends sell It
To establish a record like this proves
its merit without question. The Plant
Juice man is at The Owl Drag Co store
Seventh and Washington streets. Get
a bottle from him and if it does not
help you he will return your money.
BLUMAUER & H0CH, Di,tributori
Thm King at All
BottUd Bmmrm
Barley Eelds Bring Health
" The strength of all nature is found in every
kernel of Barley entering into the brewing of
Budweiser
' The Friend of the American Fanner"
The tonic properties of the finest Saazer Hops properly
blended with selected Barley make Budweiser alive
. 1 f 11 a
witn neaitn and vigor.
Bottled1 only
at the home plant in ScLouu