Morning Oregonian., November 16, 1916, Image 1

VOL. jLVI NO. 17,468.
PORTLAND, OREGON, THURSDAY, NOVEMBER 16, 1916.
PRICE FIVE CENTS.
ROADS OPEN FIGHT
ON ADlSOfl LAW
OREGON CENSUS IS
FIXED AT 834,515
GAIN OF 19.4 PER CENT IN SIX
YEAR PERIOD INDICATED.
WIRELESS SERVICE
WITH JAPAN BEGINS
WILSON TO TAKE
OATH ON MARCH 4
ROCK ISLAND CLUB
DAY INTERESTS
C0NTR0LHERCULES
JITNEYS REFUSE TO
ABIDE REGULATION
;2
SERVICE AS PRESIDENT NOT TO
LAPSE FOR DAY.
ELEXORE DAY BOYCE BUYS
OXE-SIXTEEXTH SHARE.
BURNS
DANGER
v
K
V
Suits Attack Constitu
tionality of Act.
NO ONE TEST CASE AGREED ON
Government Prepares to Meet
Each Action Separately.
EARLY DECISION POSSIBLE
Supreme Court, It Is 3elleved, Will
Advance Consideration to Give
i Prompt Ruling on Right of
' Congress to Legislate.
' WASHINGTON. Nov. 15. Suits by
railroads attacking the constitutional
ity of the eight-hour railroad law were
berun today in many parts of the
country and the Department of Justice
laid plans to defend them.
No offer yet has been made by the
railroads to settle the question by one
test case. It was stated officially that
Attorney-General Gregory has made no
such proposition to the railroads, and
the department is planning to contest
each suit as it comes up for hearing.
Assistant Attorney-General Underwood
will have direct charge of the Govern
ment's defense, and Frank Hagerman.
of Kansas City, Mo., has been retained
to assist him. Mr. Underwood, expects
to appear personally in most of the
cases, but their number may make it
necessary to employ other special
counsel.
Lines of Defense Laid.
The Attorney-General and Solicitor
General Davis have been in conference
with Mr. Underwood frequently since
the first suits were filed and the gen
eral lines of defense have been laid.
Information so far reaching the de
partment shows that the railroads base
their prayers for temporary restrain
ing orders against the law becoming
effective on grounds that it is uncon
stitutional and incapable of enforce
ment. The Government will resist
those contentions and assert that Con
gress has ample power to enact such
legislation.
The department tonight issued this
statement:
"A large number of suits attacking
the constitutionality of the Adamson
law have been Instituted in various
parts of the United States. The De
partment of Justice will take direct
charge of these cases and Frank Hager
man. of Kansas. Mo., has been retained
to assist in their preparation and trial.'
Prompt Decision Possible.
Prompt and final decision by the Su
preme Court of constitutionality of the
law is possible under f Federal Court
practice, it was stated ' today. Under
accepted practicfc, it was explained, "in
any of the District Courts where test
suits are brought, the District Judge
might call in one or two District or
Circuit Judges to sit with him in the
case. After a decision by such a court,
it was stated that, as the constitu
tionality of an act' pf Congress is
drawn in question, an appeal could be
taken direct to the Supreme Court
without delay for its consideration by
a Circuit Court of Appeals.
Should a test case or cases be ap
pealed to the Supreme Court, it was be
lieved here, despite congestion of im
portant cases on its docket the court
would advance Adamson actxproceed
ings tor early hearing and decision.
Workers to See Committee.
Some of the railroad brotherhood
leaders tre expected here within a day
or two to prepare for their appearance
before the Congressional committee
making a broad investigation into the
transportation problem and it is proba
ble that they will see President Wilson.
The statement of Samuel Gompers
that tlte law would go into effect "in
junction or no injunction." and the
statement of W. S. Carter, head of the
Locomotive Firemen, and Engineers,
denying that a strike had been threat
ened if the law were not enforced, has
attracted attention among Federal of
ficials. RAILROAD HEADS SEEK LIGHT
Managers Say They Do Not Want to
Delay Adamson Act Effect.
NEW YORK, Nov. 15. Suits filed by
railroads against the Federal Govern
ment to test the constitutionality of
the Adamson eight-hour law are ex
pected to result in the interpretation of
the statute if it be upheld, the railroad
managers comprising the National con
ference committee of railways an
nounced in a statement here tonight.
6uits designed to test the validity of
the law and to restrain the Government
from putting it into effect were filed in
this city today by the New York Cen
tral and Erie railroads. . . -
Similar suits are to be brought with
In the next few days by each railroad
in the country in each of the Federal
districts it traverses. according to
Elisha Lee. chairman of the conference
committee. Mr. Lee issued a statement
at the end of the committee's three-
day secret session, explaining the rail
roads' programme in their fighting
against the law. The statement fol
lows: .
"Two questions are, involved in the
appeal by the railroads to the courts
for- light on the Adamson law:
"First Is the law constitutional?
"Second If It is constitutional, what
does it meant
"Opinions have been expressed by
(Concluded on Pago 3. Column 1.)
Figures Based on School Population
Show Increase in Multnomah of
4.7 Per Cent In Two Years. .
SALEM. Or., Nov. 15. (Special.)
Oregon's estimated population for 1916,
based upon the school population, is
834,515, as compared with a popula
tion of 672,765 shown by the Federal
census of 1910. In the six-year period j
this is an average gain in population
of 19.4 per cent..
These figures compiled today by O.
P. Hoff, State Labor Commissioner,
indicate that Klamath County, with a
gain of 29.6 per cent, leads all other
counties in the state.
Multnomah County's increase in pop
ulation is 23.1 per cent, or 294,284 pop
ulation, compared to 226,261 In 1910.
For the two-year period, 1914 and
1916, Multnomah County gained 4.7
per cent in population.
Mr. Hofrs figures on the estimated
present population in the different
counties follow: Baker, 21,591; Ben
ton, 13,694; Clackamas, 39,317; Clat
sop, 19,459; Columbia, 13,101; Coos.
20,015; Crook, 12.728; Jefferson. 6334;
Curry. 2543; Douglas. 23,325; Gilliam,
4123; Grant, 7335; Harney. 4602; Hood
River, 7036; Jackson, 26,384; Joseph
ine, 9398; Klamath, 12,160; Lake. 5740;
Lane, 39,440; Llnco n, 6845: Linn, 26,
231; Malheur. 13.622; Marlon, 49.213;
Morrow, 4892; Multnomah, 294.284; Polk,
17,642; Sherman, 4739; Tillamook. 8540;
Umatilla, 24,266; Union, 8387; Wallowa,
10,963; Wasco, 21,043; -Washington. 23,
126; Wheeler, 3075; Yamhill, 19,492.
STOLEN JEWELRY GIVEN UP
Penitent Thief Supposed to Have
Brought Back Loot.
F. F. Pageler, of 1314 Alameda Drive,
was putting up a clothes line yesterday.
He needed a nail. Beneath the kitchen
stoop was a treasury of odds and ends.
Mr. Pageler sought there for the nail.
He found a suitcase, containing several
hundred dollars' worth of diamonds and
other jewelry, stolen from the home on
the night of ' November..8.
No clew had ever been found in the
Pageler case. The house was entered
while the family were absent. Three
diamond rings, an emerald ring, several
other valuable articles' of Jewelry, and
a suit of clothes were taken.
The suitcase found under the back
stoop by Mr. Pageler contairif all the
missing property, and is presumed to
have been returned by the penitent
thief.
BATTERY A MUSTERED OUT?
Secretary of War Thinks . so, Says
Report to Oregon Soldiers.
WITH BATTERY A, CALEXICO. Cal..
Nov. 15. (Special.) A member- of
Battery A. Oregon National Guard,
one of the lucky men whose em
ployer has been paying him his
salary while away from home,
missed his September check. Quite
naturally, after waiting a respectful
length of time, he wrote the firm. This
firm wrote in reply that they were sur
prised that Battery A was still at Camp
John II. Beacom. for they had written
to Secretary of War Baker, making in
quiry about the battery and when it
would bo home.
In reply Secretary Baker wrote back,
saying in substance. Battery A had
been mustered out a month ago. Can
you beat it?
ALASKA GALE IS TERRIFIC
Mountainous Seas Sweeping South
western Coast.
JUNEAU, Alaska, Nov. 15. The most
terrific storm in many years is sweep
ing the Southwestern Alaska coast, ac
cording to wireless dispatches.
The steamer Northwestern, which al
ready Is 24 hours overdue at this port
from Cordova, reported that she would
be unable to reach Juneau for at least
another 24 hours. Mountainous seas,
whipped by a southeasterly gale, make
progress difficult.
The Pacific Steamship Company's
liner Admiral Watson, which left Cor
dova for Juneau early today, also is
fighting the gale. m
MRS. B0ISSEVAIN SINKING
Fifth Transfusion of Blood Made and
Pleurisy Develops.
LOS ANGELES, Cal., Nov. 15. A
fifth transfusion of blood was made
late today into the veins of Mrs. Inez
Milholland Boissevaln, New York suf
fragist, and the patient's condition was
reported as "critical" tonight by the
attending physicians. Pleurisy de
veloped to-day to complicate the severe
anemia.
Mr. and Mrs. John E. Milholland, of
New York, parents of Mrs. Boissevaln,
were at the patient's bedside in a hos
pital here.
MR. HUGHES TO TAKE REST
Recent Candidate Leaves Saturday
for Lake wood. N. J.
NEW YORK. Nov. 15. Charles E.
Hughes, Republican candidate for the
Presidency, will leave here Saturday
with his family for Lakewood, N. J.,
where he will rest several weeks, it
was announced tonight.
William R. Willcox. chairman of the
Republican National Committee, will
accompany Mr. Hughes to Lakewood.
Mr. Willcox, however, said he would
keep in touch with Republican head
quarters here by visiting the city sev
eral days a week.
President Sends Felici
tations to Mikado.
EMPEROR GIVES BEST WISHES
Marconi Concern Inaugurates
Trans-Pacific System.
MESSAGES GO .6000 MILES
Only One Relay TTsed Between San
Francisco and TokioDignita
rics Exchange Assaranccs of
Friendship Between Nations.
SAN FRANCISCO, Nov. 15. Regular
Honolulu-Japan commercial service
was inaugurated today by the Marconi
Wireless Telegraph Company with mes
sages sent by President Wilson and
other prominent men. from Bolinas
Ridge, near here, via Honolulu, to the
Emperor of Japan and other dignita
ries in that country.
Message- Goes 0OO Miles.
The President's message, flashed over
more than 6000 miles of space with
only one relay, said:
"His Imperial Majesty, the Emperor
of (Japan: The Government and peo
ple of the United States of America
send greetings to Your Imperial Ma
jesty and to the people of Japan and
rejoice in this triumph of science,
which enables the voice of America,
from the Far West, to cross tLe silent
spaces of the world and to speak to
Japan in the Far East, hailing the
dawn of & new day.
A N u ran re of Good "Will Given.
"May this. , wonderful event confirm
the unbroken friendship of our two
nations and give assurance of a never
ending interchange of messages of good
will.
"May the-day soon come when the
voice of peace carried by these silent
messengers shall go Into all the world
and its words to the end of the world.
"WOODROW WILSON."
Emperor Yoshihito of Japan replied
tonight by wireless to the message of
President Wilson. The Emperor's mes
sage said:
"It affords me much pleasure that
the first use of the . installation of
wireless telegraphy between Japan
and the United States has been to
transmit your cordial message. In re
turn I send this expression of my
thanks for the good wishes exhibited
toward me and my people and of the
hearty desire entertained throughout
Japan for the continued prosperity and
welfare of the United States.
"YOSHIHITO."
Ambassadors Exchange Greetings. -
Almoro Sato. Japanese Ambassador
to the United States, sent this message
(Concluded on Page 3, Column 2.)
Formal Inauguration, However, to Be
Held March 5, Monday Bail
Regarded as Unlikely.
WASHINGTON. Nov. 13. There will
be no lapse In the service of President
Wilson because of the fact that March
4, next. Inauguration day, falls on Sun
day, according to an opinion reached
at the State Department.
1 1 became Known today that owing
to reports that a lapse would occur
and Secretary Lansing would be Act
ing President on March 4, a form let
ter explaining the law has been pre
pared at the State Department to be
sent out in answer to inquiries on the
question. While it is not expected that
the formal inauguration of Mr. Wilson
will be held until Monday, March o,
he will be advised by Secretary Lan
sing to take the oath of office on
Sunday.
If Charles C Hughes concedes the re
election of President Wilson by next
Friday, Vance C. McCormick, chairman
of the Democratic National Commit
tee, probably will discuss plans for
the President's inauguration with - lo
cal' leaders when he comes to Wash
ington on that day.
Usually the chairman of the in
inaugural committee which has charge
of the parade and other civic cere
monies is selected soon after the elec
tion. It is taken for granted by of
ficials that the President, following
out his plan of 1913, will have no in
augural balL
SIR SAM DOFFS UNIFORM
Deposed Canadian Visits Military
Department Wearing Mufti.
OTTAWA. Ont.. Nov. 15. General Sir
Sam Hughes. ex-Minlster of Militia for
Canada, today discarded his khaki uni
form and appeared in mufti. He paid
a visit to the military department and
took leave of his former assistants.
Until a new Minister is named, F. B.
McCurdy, Parliamentary Secretary of
the Department, will be in charge of
the War Office.
ENGLISH PRINCE IS WED
Russian Grand Duke's Daughter Is
Bride of George of Battenberg.
LONDON, Nov. 15. Prince George of
Battenberg, was married today to
Countess Nadejda de Torby. daughter
of Grand Duke Michael Michaelovitch,
of Russia. The marriage was witnessed
by King George. Queen Mary, Queen
Mother Alexandra and other members
of the royal family. "
The ceremony was celebrated in Rus
sian and English churches.
WOMAN'S COURT TO OPEN
Sessions Will Be Held Every Day
In San Francisco.
SAN FRANCISCO, Nov. 15. The first
woman's police court ever attempted
here will be inaugurated December 1
next. Sessions open only to women
and girls will be held from 9 to 10 A. M-.
daily.
A night police court for men was re
cently decided on.
WHO LOVES HIM NOW? NOBODY!
High Wind Fans Fire;
Loss Is $25,000.
ROOF FALLS NEAR WOMAN
Bolted Doors Are Broken by
Pair Making Escape.
GRANDMOTHER, 82, SAVED
Population of Milwaukle Lines River
Bank While Flames Sweep Over
Island Property Owned by
Portland Rowing Club.
OREGON CITY". Or.. Nov. 15. (Spe
cial.) Two women narrowly escaped
death and damage estimated at $25,000
was done when fire, fanned by a stiff
breeze from down the river swept over
Rock Island in the Willamette, near
Milwaukle, late today and destroyed
the big clubhouse on the island.
The blaze, was caused by an over
heated flue. The property was owned
by the Portland Rowing Club and
leased to R. J. Smith, who ran It a a
Summer Resort. The loss was not
covered by insurance.
Roof Mlaaes Woman.
Mr. Smith was not on the island at
the time of the fire. His wife was play
ing the piano in the living-rooms in
the clubhouse about 3 o'clock when she
heard a crackling noise in the building.
She ran to the door of the room Just
as part of the roof fell in. The noise
of the wind through the trees about
the clubhouse drowned out the noise
of the fire until a large part of the
building was in flames.
Her first thought was of her hus
band's grandmother. Mrs. J. W. Smith,
aged 82 years and feeble. She ran to
the aged woman and the two went
down into the basement, the fire hav
ing blocked exit by the doors on the
first floor.
Locked Door Barken.
They found the basement doors
locked. Mrs. Smith grabbed a large
stick of wood and beat down the door.
They ran from the burning- building to
the beach where they found a boat.
Nothing could be done to block the
fire and all of Milwaukle lined up on
the river front to watch the blaze
which was still burning at 9 o'clock to
night. The trees on the island caught
fire from the building and the blaze
swept over practically all of the 14
acres. Trees not burned were probably
killed by the heat of the fire so that
Rock Island is practically worthless
today as a Summer resort.
Resort Owned by Rowing: Club.
The clubhouse, 120 by 100 feet, two
stories high and with large porches,
was built in 1903 by Peter Kerr, of
Portland. He sold the property to the
Concluded on Pag IS, Column 2.)
Rich Idaho Mine Now . In Hands
of One Family Price May
Have Been Million.
WALLACE, Idaho. Nov. 15. (Spe
cial.) The control of the property of
the Hercules Mining Company, with its
untold riches, passed to the Day Inter
ests today when a deed conveying1 the
one-sixteenth Interest formerly held b
the late Damian Gardener was placed
on record conveying this interest to
Elenore Day Boyce. of Portland, a sis
ter of Harry, Jerome and Eugene R.
Day, of this city. With the exception
of August Paulson, of Spokane. Mrs.
Boyce becomes the largest individual
owner In the Hercules mine, her Inter
est now being seven-thirty-seconds,
while tho Paulson interest is a fraction
over one-quarter.
The aggregate interests of the Days
in the Hercules now amounts to a
thirty-three-sixty-fourth, or slightly
more than a one-half interest. The
Day interests are divided into three-thirty-seconds.
The consideration named in the deed,
which bears the date of October 28. is
SI. but it is believed here that the
price actually paid will run anywhere
from 1500,000 to SI. 000. 000.
Edward Boyce, at his home in Port
land last night, confirmed the purchase
by his wife of a one-sixteenth Interest
in the Hercules property. This transfer,
he says, gives the Boyce and Day fam
ilies possession of two-thirds of the
Hercules shares. The price paid to
Mrs. Cardoner. said Mr. Boyce, was. in
round numbers, SI, 000, 000.
The Hercules is one of the rlghsst
producers in the Wallace district. Its
present output Is approximately 500
tons a day. Lead and silver are the
principal metal products.
COMPANY. E TO RETURN
Vancouver Barracks Prepared to Re
ceive Troops From Border.
VANCOUVER BARRACKS. Wash.
Nov. 15. (Special.) Preparations are
being made here to receive Company E.
Engineers, of the Second Regiment,
back to this post next week. The men
are now at Fort Berry, Cal.. for target
practice, and are under orders to re
turn here as soon as the target work la
completed.
The detachment of Company F. Sec
ond Regiment, Enginee Corps, which
has been in Northern California since
last June on a mapping detail, is also
at Fort Barry and will return here
with Company E. Company E was sta
tioned at Calexico until recently.
Italians Lose Positions.
ROME, via London. Nov. 15. Italian
troops were compelled to evacuate some
of their more exposed positions on the
San Marco, east of Gorizia yesterday.
INDEX OF TODAY'S NEWS
The Weather.
TESTER DAY'S Maximum temperature, 47
decrees; minimum. 35 decrees.
TQDAY'S Fair: silent temperature chance;
easterly winds.
War.
Rummns pursue foe In Transylvania. Pace 4.
Germans win back part of loat line on
Somme front. Page 4.
Mexico. j
Oreron so'diers shiver and swelter by turns.
Page 19.
National.
President Wilson to take oath of office
March 4. Sunday. Page 1.
Railroads start suits against Adamson act.
Pass 1.
President, on pl"A of pressure of work, de
clines Invitation to visit West for pres
ent. Pace 5.
Bidders 1 sllc at requirements for warships.
Page 5.
Democrats lack six votes of majority In
Congress. Page 2.
Domestic.
Spilt electorate regarded in California as
unlikely. Page 8.
Railways holding foreign cars to be pen
alized. PHge
Wireless service Inaugurated between Amer.
lea and Jupan. Page 1.
reports.
Lincoln Hirh la drubbed by Walla Walla,
4U-0. Page 18.
Walter MeCredie doubts ability to train In
Northwest. Pas 16.
Uncle Sams may transfer "Moose'" Johnson.
Page la.
Seattle club makes split with Multnomah
unlikely Pace IS,
Pacific Sorthwent.
Senator chamberlain preaches universal
military training In speech at Oregon
University. Page 7.
James A- Tufts, ex-Treasurer of Clackamas,
dies. Page 19.
Rock Island clubhouse burns; women
escape. Page 1.
Apple loss In Northwest states due to freeze,
put at l..V0.0OO. Page 6.
One-sixteenth Interest In Hercules mine
bought by Elenore Day Boyce, of Port
land. Page 1.
University and O. A. c. file estimates for
coming two vears. Page 18.
McMinnville man gets letter from son with
&tefanon party. Page 6.
Oregon census Is fixed at S34.S1S. Pace 1.
Commercial and Marine,
Wheat and oats trade In Northwest hindered
bv car shortage. Page yv
Withdrawal of Argentine offers lifts Chi
cago whrat market. Page 23.
Rati stocks depressed by movement to test
eight-hour law. Page 23.
Dyke In Lower Columbia will aid naviga
tion. Page 20.
Portland and Vicinity.
Thanksgiving turkeys mill be higher than
last year. Page 8.
Pacific-States Telephone Company places
Orecon value at S12.000.0oo. Pago lO.
Dr. R. J. Cardwell, noted horticulturist,
dies at age of 88. Page 17.
Jitneys refuse regulation. Page 1.
East approves Oregon's vote for Hughes and
against single tax. Page 8.
Police break up school of crime and arrest
five youths. Page 10.
Stephen T. Mather Usnes ultimatum over
Crater Lake Park. Page 11.
Land Commissioner believes grant will re
vert to Government. Page 19.
Budget advisors cay proposed road expendi
tures must be trimmed. Page 20.
Dr. Tlaard tells of wife'a affinities and wins
divorce. Pago IS.
John L. May is elected Colonel of Third Ore
con Infantry. Page 18.
Rkces are hot f"r leadership of House and
Senate; Legislature coirenes January e.
Page 7.
Hygiene Society reviews work. Page 4.
Wcat'iier report, data and forecast. Pag 23.
Mayor Orders Arrests
of Cars Operating.
LEGAL BATTLE IS FORECAST
300 Machines Are Expected to
Become Taxicabs.
PART OF LICENSE REFUNDED
Operators Fail to Appear at Hour
Appointed and No Answer to
Council's ITltimatum Is Plied.
Stages Are Not Affected.
JITXEY DRIVERS WARNED
NOT TO OPERATE.
The police late last night,
acting under orders from Cap
tain Circle. Instructed jitney
drivers that the running; of jit
neys, except under franchise,
would be unlawful after mid
night. Captain Inskeep ordered
his men to arrest jitney opera
tors this morning-.
A rumor was current that 300
jitneys would start running at
7 A. M. today and contest the
franchise ruling;.
Jitneys yesterday refused to accept
regulations Insisted on by the City
Council and for that reason will be put
out of business as jitneys this morn
ing. Mayor Albee notified the police
yesterday that jitney operation is un
lawful, commencing at midnight last
night, and that all violators should be
arrested.
The Mayor's orders are to enforce
the ordinance presented to the City
Council July 19, by Commissioner
Daly, and passed by unanimous vote
making it unlawful for any jitney to be
operated after November 15 without
having a franchise.
Legal Fight Forecast.
President A. A. Thielke, of the Jit
ney Drivers Union, said yesterday that
tho Jitneys will fight the proposition.
"We intend." said he, "to continue
operating jitneys until stopped by the
police. If the police intend to make
wholesale arrests that will be up to
them. We will start a legal contest
in the Police Court and carry it along
to the higher courts. -l the courts
rule against us we will have to quit.
It was on Tuesday that the City
Council by vote of Mayor Albee and
Commissioners Bigelow. Baker and
Dieck adopted a report giving the Jit
neys until 2 o'clock yesterday to say
whether they would accept regulation.
The Council met at the appointed hour
and the Jitneys were not represented
and no answer was given the Council.
Stage Lines Not Included.
Having failed, therefore, to agree to
accept tho Council's franchise. Mayor
Albee forwarded the Council's orders
to the police to enforce the Daly ordi
nance. The franchise is open to the
Jitney union or anybody else who wants
it In tho future.
Tho order will apply only to Jitneys
operating wholly within the city. The
Council agreed yesterday that Jitneya
operating on stage lines such as Linn
ton, Gresham, Sandy and Columbia
River Highway, wiil not be molestec".
these lines having applied for fran
chises and having expressed a willing
ness to accept regulation.
When arrests occur this morniag the
Jitney union will forthwith start a
contest on two legal points. The first
will be-the right of the city to regulate
the Jitneys and the other the right of
the Council to put them out of busi
ness after having given them a license
to operate until January 1. City At
torney LaRocbe says the Supreme
Court of Oregon already has ruled in
an Oregon City case that the Council
has a right to regulate the Jitneys the
same as any other public service cor
poration. He says also that the licer.se
to January 1 automatically expired
yesterday as a result of the new fran
chise ordinance going Into effect- The
Jitney drivers, he says, will be entitled
to a refund of the part of the license
fee paid for the privilege of operating
from now until January 1.
Attorney Advises Mayor.
The license question was raised by
the Jitneys at a conference yesterday
and before Instructing the police to en
force the law Mayor Albee asked City
Attorney LaRoche for a written opin
ion. This reads as follows:
"Answering your inquiry will say
that under the terms of ordinance No.
31933 It becomes unlawful to operate
motor busses on the streets of the
City of Portland from and after No
vember 15. 1916. I am of the opinion
that motor busses on tho date fixed in
this ordinance have no legal right to
conduct a transportation business on
the streets of Portland without a fran
chise granted to them by the Council.
"It appears that they have paid a
license fee for the auarter expiring
January 1. 1917. under ordinance No.
31657. This last ordinance is merely
a regulatory ordinance and under it
motor bus operators acquired no such
rights as could nof be divested by any
subsequent ordinance at the will of
the Council. We are. preparing an or
dinance tor the refunu of the unearned
portion of the license fee for the last
quarter."
The regulations insisted on by the
(.Concluded on Pag 2, Column I t
' ' k