V
JITNEY
REGULATION
TAKEN FROM DALY
Mayor, Tired of Evasions by
Commissioner, Asks Mr.
Dieck to Take Hold.
MR. BIGELOW VEERS AGAIN
After Refusing to Conform With
Wishes of Council Majority Or
der Is Issued by Mr. Albee,
Effective January 1.
INCIDENTS LEADING v UP TO
MAYOR'S TRANSFER OF
JITNEY CONTROL.
Commissioner Daly, in July,
recommended requiring: jitneys
to get franchise.
Council adopts recommendation
and passes ordinance requiring
franchise by November 15.
Jitney Drivers' Union asks for
franchise at its own terms, and
Council objects by vote of 4 to 1.
Terms of franchise discussed
during period of Zlh months, and
terms finally agreed on by Coun
cil. Jitney Drivers' Union demands
franchise at own terms and re
fuses Council's franchise.
Commissioner Daly introduces
ordinance to repeal his former
ordinance requiring Jitneys to
have franchise.
Council votes this ordinance
down. 4 to 1. and enforces former
ordinance November 15.
On November 15 jitneys, hav
ing failed to get a franchise, are
put out of business.
Commissioner Daly revises ex
isting taxicab zone system so jit
neys can continue operating un
der taxicab guise.
Council disapproves of zone
system and orders real taxicab
system made.
Mr. Daly submits second zone
system for benefit of Jitneys.
Council disapproves this and
takes up task itself.
Stephen Carver enters field and
asks for city-wide Jitney fran
chise on Council's own terms.
Mr. Daly refuses to approve
the Council's zone system, and
Mayor takes Jitney control out of.
his hands.
As a climax to a fight on the ques
tion of Jitney regulation In which Com
missioner Daly, by virtue of his offi
cial Jurisdiction over the Jitneys, has
wielded the whip hand against the reat
of the City Council, Mayor Albee yes
terday removed Jitney control from Mr.
l aly's department and transferred it to
Commissioner Dieck. An official order
to this effect was presented to the
Council yesterday in accordance with
terms of the commission charter. The
change takes effect January 1.
Mayor Albee snapped the whip as a
result of Mr. Daly's having notified him
that he would not approve the taxicab
zone syetem framed by the Council to re
place the subterfuge zone system de
vised by Mr. Daly to enable the Jitneys
to evade regulation. This was the last
straw In a long-drawn-out programme
of similar acts on the part of Mr. Daly
in behalf of the unregulated j:trey,
. which acts have been In open defiance
of the reet of the Council.
The Mayor's order was given to the
Council a short time after It had been
shown to Mr. Daly. It was received
.nd sent to the official files as an or
dinance. The city charter gives the
Council no vote on such orders, and it
was received and sent to the official
fills without comment.
Mayor Says Little.
Mayor Albee refused to make any
Btatement further than to say that the
order was a result of Mr. Daly's having
refused to approve the Council's zone
plan, in defiance of the will of the r 5st
o! the Council. He said he considered
it his duty to make the change, that
ei:.g the purpose of a prov.'sioa of
the charter giving the Mayor thst
power.
The order takes out of Mr. Daly's
hands all matters of franchises and
transportation control and vests them
in Commissioner Dieck. It carries with
it all streetcar. Jitney, taxicab and oth
er transportation franchises and ordi
nances. The provision of the charter
under which the Mayor acted is as fol
lows: "The distribution of the work
among them (the Commissioners) snail
be made and may be changed from
time to time by the Mayor by or-ler,
which shall be filed and preserved as
an ordinance. The names of the de
partments may be changed In like man
ner." Daly Zones Rejected.
Prior to the presentation of the order
the question of sustaining an appeal
made by the Oregon Taxicab Company
in which objection was made to the
"zone" system devised by Mr. Daly on
the ground that a legitimate taxicab
could not operate under it was con
sidered. The appeal was sustained and
the Daly zones overthrown. Commis
sioners Daly and Blgelow voted against
this.
Mr. Bigelow's negative vote came in
pplte of his having conferred with Com
missioner Dieck on the subject and
changes having been made in the sys
tem to meet objections which ha had
considered essential. After these
changes had been made" It was gen
erally understood that the system met
with Mr. Bigelow's approval, but yes
terday it seemed '"Tie had a change of
heart. He said that he thought the
Council's system was more nearly a
real taxicab xone system than that
prepared by Mr. Daly, but thought
there still were some changes that
should be made.
Troubles Growing Since July.
The Councllmanic troubles over the
jitney, started on July 19, when Com
missioner Daly announced to the Coun
cil that regulation of the jitneys under
the license system then In force was
impossible. He recommended forcing
the jitneys to get a franchise by No
v vember 15.
The Council began considering the
franchise question, and Mr. Daly pro
posed a franchise at the terms of the
Jitney Drivers' Union. This was ob
jected to by other members of the
Council, who believed that the Council
and not the Jitneys should dictate the
terms or their rranchlse. Terms of a
franchise were then talked of at length
and finally It became apparent that the
Jitneys were not going to get the fran
chise at their own terms. Then Com
missioner Daly presented an ordinance
to repeal his former ordinance requir
ins a franchise.
The Council refused to pass this and
the Jitney Drivers' Union failed to
present a demand for a franchise. Ac
cordingly, the Council, by a vote of
four to one, stood firm on the franchise
proposition and the jltneye were put
out of business November 15. It was
then that Mr. Daly devised a system
whereby the Jftneys could continue op
erating under the guise of taxicabs by
means of a zone system. Without con
sulting the rest of the Council, he da
vised a sons scheme and put it into
operation.
Taxicab companies objected to this on
SCENE OF FATAL JITNEY - STREET -
ACCIDENT OCCURRED, THE DEAD AND THE MOST SERIOUSLY INJURED.
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the ground that it was not a reasonable
plan for legitimate taxicabs, and the
Council then ordere.l Mr. Daly to rt
vise the plan. He did so and. returned
another zone plan which accomplished
the same purpose for the Jitneys. The
Council then took up the task of fram
ing a zono system of their own based
on distances and grades, and Mr. Daly
refused to approve this. This left noth
ing for Ma or Albee to do but to take
the Jitneys away from Mr. Daly or to
sit by and see one member of the Coun
cil rule over the will of the rest of the
Council. And he took the former
course. In the meantime Stephen Car
ver filed application for a city-wide
franchise, agreeing to all the Council s
terms.
Many technical questions have been
ra'red already as- to tiie legality of the
Mayor's order; . The Mayor says he got
full legal advice from City Attorney
LaRoche before acting.
Official Order Issued.
Following is the Mayor's order: -
General order of H. R. Albee, Mayor: In
redistribution of certain worlc among the
several departments as provided by the char
ter oi tne city of "ortiana.
in addition to the work heretofore as
signed to R. O. Dieck, Commissioner of
Publlo Works, he shall have chars and
supervision of all transportation utilities and
all franchise matters and the administra
tion of all ordinance relating thereto.
which were heretofore asslcned to Will H.
aly. Commissioner of Publlo Utlltles, and
all executive and administrative powers, au
thority and duties heretofore vested In and
Imposed upon said Will H. Daly, Commis
sioner of Publlo Utilities, in relation to the
above-named matters shall hereafter be ex
ercised and performed by said R. O. Dieck.
Commissioner or Public Works.
Portland. Or., December 22, 1916.
H. R. ALBEE.
Mayor of the City of Portland.
This order to be in full force and effect
from and after' December 81. 1916.
H. R. ALBEE, Mayor.
The change made by the Mayor goes
Into effect January 1. Until that time
the zone system under which the Jit
neys now are operating will be In ef
fect. After that time the Council's
zono system undoubtedly will be ap
proved by Commissioner Dieck, who
then will have charge.
It is expected that the new zone sys
tem will be handled by the Jitneys In
such manner that they will continue
operating as at present. The zone sys
tem has nothing to do with fares, but
provides that all fares shall be equal
on a basis of distance travel J. It Is
admitted by President A- A. Thlelke, of
the Jitney-Drivers' Union, that the new
rone plan will not put the Jitneys ut
o? business, but that they will continue
as at present. The only change will
Lc that they will be forced to make
deliveries off their" present routes when
patrons ask them so to do.
DELINQUENT TAX TOTAL BIG
Amount More Than $500,000 at Ex
piration of Payment Time.
Delinquent taxes October . totaling
1578,705.81, ware shown in the official
report of Sheriff Hurlburt to the
County Commissioners yesterday. The
total tax roll was 7, 989, 620. 92. Collec
tions began February 1 and ended
October 6 wjtb tha unprecedented de
linquency.
Dependents of Hood River County
may be sent to tha Multnomah farm on
payment by the sister county of
$20 a month. County Judge Stan
ton, of Hood Kiver, asserts in a
communication to tha Multnomah
County Commissioners that such an
arrangement, discussed several months
ago, may ba necessary.
The contract for painting tha
Armory was awarded by the Coroxals-
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THE MORNING OREGON'IAN. SATURDAY,
CAR ACCIDENT, CRUSHED MACHINE, DIAGRAM SHOWING HOW
,b4 5
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1 Corner Near Wate Accident Oc
curred (Cross Indicates Place of
Crash). 2 The Jitney After the Acci
dent. S Diagram Showins How Ac
cident Occurred, Arrow Indicating
Jttney'a Attempted Coarse in Passing
Streetcar. 4 Rev. Father Cestellt.
Who Died Shortly After Crash. R
Edward SiTige, Whose Stall Is Be
lieved to Be Badly Fractured. 6 Mrs.
J. J. Chambreau, Who Died After the
Accident.
sloners yesterday to C. 1L Pape for
1297.
CUP IS GIVEN MR. COFFEY
Deputies Present Token to Retiring
County Cleric Without Formality.
John B. Coffey, retiring County Clerk,
was surprised yesterday by the gift of
a handsome silver loving cup from the
deputies in his office, whose terms also
end with the first" of next year. There
was no formality about the presenta
tion, but E. P. Mahaffey, chief deputy,
delivered the token.
"To John B. Coffey, in loving .esteem
from admiring co-workers" was the
simple inscription on the cup. The
donors were: E. P. Mahaffey, J. D.
Mann, John "W. Cochran, George J.
Quinlan, C. J. Strode. D. J. Gregory, J.
E. Miller, Harry W. Trueblood. Carl W.
Massey. Amos Moore, W. F. McKlnnon,
F. A. McMenamin, D. J. McLoughlin and
J. D. M. Crockwell.
$25,000 SUIT -IS SETTLED
Bruce A. Bates Reported to Have
Paid Charles Ilaight $2000.
Suit for 125.000 against Bruce A
Bates for alienation of affections, filed
in tha Circuit Court by Charles Haight,
November 13, was dismissed by Judge
Gantenbein yesterday, a settlement
having been reached outside of court.
The attorneys stipulated the dismissal.
Seneca touts, attorney for the plain
tiff, was authority for tha assertion
yesterday that the settlement had been
a cash payment of izuug to tne plain
tiff.
Mr. Bates is the youngest son of tha
late George w. Bates, and married
Dorothy Martin-Haight, divorced wife
of the plaintiff in the alienation suit.
last October.
Read Tha Oresoniaa classified ads.
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p . 1 GARS CRUSH JITNEY
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Auto Attempts to Pass Street
v cars, Is Caught.
TWO LIVES PAY FORFEIT
Driver Lays Blame' to M'et Paving,
Saying Wheel Entered Groove
and Skidded; Inquest to
Determine Blame.
(Continued From First Psst.l
H. Hall, 323 North Twenty-third
street. The east-bound car, No.- 633,
was run by Conductor J. M. Berry,
400 North Twenty-fifth street, and
Motorman W. D. Pierson, 780 Thur
man street. a
The death of Rev. Father Cestelli
was due to "a severe fracture of the
skull on the left side. He also suf
fered a fracture of the arm and of
the leg and possible internal injuries
His head had apparently been struck
by thte east-bound car, as he was oc
cupying the left side of the rear seat.
Mr. Savage's Skull Broken.
Mrs. Chambreau died as a result of
internal injuries coupled with a frac
tured pelvis and a fracture of the left
arm below the elbow. She occupied
the middle of the rear seat.
Mr. Savage, it v. as announced last
night, had suffered a probable frac
ture of the skull and a cut face. His
condition was considered serious. The
injured were attended by the Drs.
liockey.
R. V. Holder, one of the Injured, is
general agent for the Chicago & North
western Railroad at San Francisco.
Until about three years ago ha held a
similar position in Portland. He is
well known here, as ba lived in Port
land for nearly 10 years.
One Victim Here for Visit.
He and Mrs. Holder arrived in Port
land a few days ago to pass the holi
days with Mr. and Mrs. Charles J.
Gray, of 253 North Twenty-second
street. Mrs. Gray and Mrs. Holder are
sisters.
Mr. Holder was taken to the Good
Samaritan Hospital after the accident,
but later was removed to tha Gray
home. He is not seriously hurt. One
of his fiont teeth is missing and he is
externally bruised about the bead.
Mr. Holder was riding on the front
sest of the Jitney with the driver.
"The driver tried to pass the west
bound streetcar to the left and got
caught by a car coming in the oppo
site direction. That's all thero is to it."
he commented through his bandages
last night.
Skidding Blamed for Accident.
In a statement made to H. P. Coffin,
of the Safety First Commission, im
mediately following the accident Mr.
Myers, the driver, said he was going
2
I
T)ECE3IBER 23. 1916.
Oregon-Washington Railroad & Navigation Company
City Ticket Office, Washington at Third
Representative Fares Are Shown in TaMe
Similar rates 10 all other points In tha Northwest
WM. McMURRAY. General Passenger Afeat
west on "Washington street, following
a westbound streetcar, immediately
preceding the accident. He said that
the streetcar stopped at the Ramapo
Hotel and after it started up he put on
speed and attemped to drive around It.
When he attempted to turn back in
front of the streetcar, he said, his rear
wheel caught in the groove by the
track on ttie south side of the street.'
The street was slippery, as it had Just
been raining, and he said the machine
skidded along sldewlse.
EicfinlTe Speed Denied.
The result was that an eastbound
streetcar struck the rear of the Jitney
and almost at the same time the street
car which was following, westbound
came up and the rear of the machine
was telescoped by the force of the im
pact. Mr. Myers denied that he was going
at an excessive rate of speed at tht
time of the accident.
"I did not look at the speedometer."
he said, "but I am satisfied that my
machine was not exceeding the speed
limit."
This version of the accident was cor
roborated by Frank Arthurx. Bushmark
Hotel, who was following the j.tney in
his machine. Mr. Arthurs said he did
not think that either the Jitney or the
streetcar were going at an excessive
rate of speed. He was inclined to lay
some of the blame on the motorman
of the west-bound car, at the same time
admitting that there might have been
an error of Judgment on the part of the
Jitney driver.
Motorman Is Crltlclaed. Too.
"It is my opinion that tha accident
could have been averted if the motor
man had used the brakes." he said.
vvtl there mav have been some lack
in Judgment on the part of the driver
of the macnine, it couia nvi uccu
averted by the motorman If he had
shown proper Judgment." v
uw i'thr William B. Cronin. who
was a passenger in the east-bound
streetcar, expressed the belief that the
streetcar was not going at an
sive rate of speed.
Immediately following the crah De
tective Boyle, Patrolmen Hewston. R.
H Field and J. W. O'Brien hastened to
the scene and assisted In taking the in
jured from the wreck and clearing the.
street. Patrolmen Edward Burke and
J. M. Thomrson were dispatched by po
lice headquarters to assist.
Chaplain Long at Hospital.
T. T? Scott. 274 'i Sixth street, was
an eyewitness of the accident, and as
sisted the patrolmen in cieanns "
wreckage.
The Jitney was owned by W. C. Pope,
Mr. Myers being msrely the driver. It
was removed from the etreet shortly
after the accident.
Rev. Father Cestelli had be con.
Trlth the St. Vincent's Hospital
for the past 10 years. Tha body of
Father Cestelli was removed to Dun
ning & McEntee's. Mrs. Chambreau's
body was taken to J. P. Flnley Sc Son's
establishment.
Mrs. Chambreau was a native of
Portland, having been born on the East
sii- She was the wife of J. J. Cham
breau. public accountant, with offices
in tha Lumbermens building.
At the time of the accident she was
en route to the home of her sister, Mrs.
S. C. Barton, 218 Eighteenth street
North. Mrs. cnamoreau was me aauga-
ter of Captain J. jrerguson.
Astoria Caytain. Is Brother.
She is survived by a daughter, Mrs.
A. O. Nelson, at 846 East Taylor street,
and a son, about 1. Another sister is
Mrs. C. M. Atwood. of White Salmon,
and Captain Edward Sullivan, of As
toria, is a brother. Mrs. Chambreau
was a member of the Artisans in as
emblv 501.
Deputy Coroner Smith announced last
night that the inquest win ba held
either today or next Tuesday. Ha said
in case it was decided to delay the
Inquest until Tuesday tjie Jury would
ba emDaneled today.
Mr. Savage came to Portland from
Vancouver. B. C. to manage the Port
land Ice Hippodrome In 1914. He had
been actively interested in lea rinks
in British Columbia prior to that tor
several years, having managed the New
Westminster. B. J.. nocitey team.
During the 1914-15 ice-skating season
HOLIDAY TICKETS
ON SALE NOW
and every, day to and including Christmas,
limited for return to Jan. 3, 1917,
By The
PACIFIC SYSTE
lUllim issW11ITtrTlf'"ll'MJflIssitsiyiil '--mms KtmmjmKM.yjtK!m
Mr. Savage managed the local Ice rink
and last year took charge of the Port
land ice hockey team. The Portland
team left last night for Vancouver.
B. C. where it meets the Millionaires
tonight. The team was led by William
F. Scott, who has been acting as as
sistant manager to Mr. Savage. Mr.
Scott was broaght to Portland from
Winnipeg, Can., a few weeks atro.
Deputy District Attorney Ryan de
clined to hold Myers, the driver, last
night. He said that he did not care to
place the blame on either the Jitney
driver or the streetcar men by begin
ning any action.
I will leave the matter for the Cor
oner's Jury to pass upon at the in
quest, he said.
CH APLAIX 50 TEARS PRIEST
Golden Jubilee Celebrated in IB 14,
Archbishop Attending.
One of the most elaborate celebra
tions at St. Mary's Cathedral In re
cent years was the golden jubilee in
the Summer of 1914 for Father Alex
ander Cestelli. who was killed yester
day in the Jitney accident on Wash
ington street. The affair was in honor
of Father CestelU's 60th year as a
priest in the Catholic church.
The celebration was attended by
Archbishop Christie and by priests
from various parts .of the diocese, and
was in the form of a solemn high mass
with the clergy present. An elaborate
musical programme was a feature, the
St, Mary's choir attending and render
ing a programme under the direction
of Professor F. W. Goodrich. During
the ceremony Father Cestelli was Rre-
sentea wnn a goia watcn.
Funeral services for Father Cestelli
have been arranged for Tuesday morn
ing at o clock at St. Mary s Cathe
dral. WRECKAGE DELAYS TRAFFIC
Motonnen Say Emergency Brakes
Are Applied Quickly.
Jack Fugate. of 197 Simpson street,
was a witness of the accident. Accord
ing to his version, the automobile
passed the westbound car and the
driver saw his mistake too late to cor
rect it. He said that neither of the
cars was proceeding at a dangerous
rate of speed, but that the auto was
between them almost before the oper
ators knew what had happened.
It was some time after the accident
that the debris was cleared away.
Street car traffic waa tied up for sev
eral minutes while the victims were
being removed to the hospitals.
Motorman Pierson. in charge of the
eastbound streetcar, in a statement to
the company, maintained that the Jit
ney was approaching at a high rate
of speed, and that when he appreciated
the danger of a collision he at one
shut off the power and threw the air
into emergency and brought his car to
o It
D
Get rid of that cold while you can.
Chamberlain's Cough Remedy will
help you to throw it off. Do not De
lay. It only costs a qua'rter.
IS
Hood River $ 2.5S :"l
The Dalles 3.40
Bend 9.95
Arlington 5.5S
Pendleton 8.60
LaGranda 11.60
Baker 13.70
Walla WaHa $ 9.75
Iewiston 14-.15
Spokane 14.95
Wallace .. 18.00
North Yakima 12.10
Colfax 13.70
Centralia : "
Olympia $ 4.95
Tacoma 5.S0
Seattle 7.SO
Aberdeen 6.00
Koquiam 6.15
Ellensburg 10.60
Weoatchee 14.10
a stop within about half a length. H
added:
"The auto struck the left-hand side
of my car and then, almost at the same
Instant, the westbound car caught the
Jitney and carried it about a car length.
My car stopped at the instant of the
collision, and at the time I applied the
emergency my car was going about 15
to 18 miles an hour."
Motorman Hall of the west-bound
streetcar said he did not see the Jitney
until it shot in ahead of his car from
the left-hand side.
"The moment I Faw the auto." he
said. "I threw In the emergency and
stopped my car In less than a car
length. My car was not going faster
than 10 or 12 miles an hour."
Fred A. Rasch. examiner for the Pub
lic Service Commission of Oregon, was
at the scene of the accident a few min
utes after It occurred. He made a com
plete Investigation and gathered the
reports of eeveral of the witnesses of
the fatalities for use In his report.
POSTAL BUSINESS GROWS 1
Astoria Record Broken and Office -Will
Become First-Class.
ASTORIA. Or.. Dec. 22. (Special.)
The sales of stamps at the local Post
office during the present month are in
excess of 20 per cent more than those
of last December, and for the first time
in the history of the local Postofficn
the stamp sales for a single month will
amount to over J5000. The business in
the other departments of the office '
shows even a greater increase than do
the stamp sales, while orders for '
stamps and stamped envelopes to be '
delivered next month amounting to sev
eral thousand dollars, already have been
received. Next year the local Postof
flce will be advanced to the rating of
first-class. v
To gain that rating an office must
sell at least J40.000 worth of stamps ,
and stamped paper.
CANDLE CUSTOM REVIVED
Lights to Be Shown Christmas Sym-
bolic of Christ's Coming.
The old English custom of placing -candles
in the front windows on Christ-:
man eve, to symbolize the light that :
Christ brought to the world, will be
observed this year by a number of
Portlard residents.
The suggestion first was made by
Rev. William A. Breck and his wife,
of 171 King street, a year ago. and
was quickly approved by many living
In that vicinity.
About seven years ago Mr. and Mrs.
Ralph Adams Crane revived the cus-
torn in Boston.
Cuba annually imports trora 5.000,001
to 6.000.000 eggs, nearly all of them
from the United States.
Now
TO 108.2