Morning Oregonian., July 04, 1917, Page 7, Image 7

THE MORNING OKEGONIAN, WEDNESDAY, JT7ET 4, 1917.
CITY OFFICIALS Will
MAP SHOWING RELATION OF NEW STRAHORN LINES TO OTHER
SYSTEMS OF PACIFIC COAST.
RAILROADS TO USE
WATERWAY ROUTES
SIDEWALK CASE"
r
h
Keep Gool
These Hot Days
With one of our cool, airy, lightweight Sum
mer Suits. We are prepared to fit you in
almost anything you may desire in light
weight suits. Palm Beach, Cool Cloth, Hart
Schaffner & Marx, Dixie Weaves, Skeleton
lined Lightweight Woolen, and etc. .
We have them at $8.50, $10, S12, S16.50 and S20
Charter Clause Exempting
Two. Systems of Transporta
tion to Co-operate in Han
dling War Business.
Liability for Personal In
juries Inoperative.
LOWER COURT REVERSED
WEST IS LITTLE AFFECTED
Judgment Against City Commission
era and Engineer Becomes Void.
Officials Exercised Rea
sonable Diligence.
SALEM, Or.. July S. (Special.) In
reversing the case of Victoria J. Colby
vs. the city of Portland, as respondent,
and H. R. Albee, Charles A. Blgelow,
William L. Brewster, Robert G. 1- eck.
Will H. Daly, Commissioners, end
Philip H. Eater, engineer of the city
of Portland, the Supreme Court today
held, in effect, that the clause in the
Portland charter exempting the city
from liability for personal injuries is
inoperative. This is the famous "side
walk case," which was awaited eagerly
before the recent Portland city eleC'
tlon.
Chief Justice McBride, in writing1 the
majority opinion of the court, which
was dissented to by Justice Moore, does
not say specifically that the exemption
clause in the charter is inoperative.
Judgment of $6350 Lost.
He does say, however, that, "irre
spective of the exemption clause in the
charter, the city of Portland would
have been liable for the failure of
Halley, the street Inspector, to report
the defect upon the principle of re
spondent superior."
Mrs. Colby brought suit for personal
Injuries sustained from 'a defective
sidewalk at East Thirty-second and
East Salmon streets. A nonsuit Was
granted in the Circuit Court by Judge
Kavanaugh as far as the city of Port
land itself was concerned, although
such nonsuit never went so far as to
be entered as a formal judgment.
Trial was had as to the defendant
Commissioners and City Engineer and
a judgment was given in favor of Mrs.
Colby for 6350.20.
The Commissioners appealed, the
city of Portland not appearing In the
appeal other than as respondent.
Officials Not NeKUBeot.
"Neither the city nor Its officers are
Insurers of the safety of the streets
and of the persons using them," says
Chief Justice McBride. "But it may
be said that there rests upon the Coun
cil an absolute duty to exercise rea
sonable diligence to ascertain and keep
itself Informed as to the condition of
Its streets and to cause them to be
repaired when defective.
"It is in evidence here that the Coun
cil had provided ample funds from
which repairs might be made; that
every policeman, and there are several
hundred in the city of Portland, was
Instructed to report all defects in
Btreets and walks, and that it had a
City Engineer and corps of street In
spectors whose duty It was to make
such reports. There Is no charge that
the defendants were negligent In not
providing funds or in failing to pro
vide material, or guilty of negligence
'in the selection of employee or of lack
of diligence in requiring reports as to
the condition of the streets. None of
these conditions Is shown, but on the
contrary. It affirmatively appears that
reasonable diligence has been exercised
in all these respects. . . . .
Denial of Remedy Shown,
". . . We cannot adopt the theory
which in effect Is that the city Is not
liable because of the exemption In the
charter; that the Commissioners are
not liable because they have provided
funds and used diligence In providing
for inspection and had no notice of
the defect; that the City Engineer is
not liable because he had under him in
spectors charged with the duties of
examination and inspection under or
ders to report any defect In the walk
and that these inspectors failed to re
port. This would leave the responsi
bility upon the shoulders of some prob
ably irresponsible watchman or inspec
tor and would be practically a denial of
a remedy."
Justice Morre, In dissenting, declares
that past decisions of the court hold
such an exemption clause as that con
tained in the Portland charter to be
operative and "that determination has
prevailed in this state nearly 48 years
and should, in my opinion, be con
trolling. . . . The defendants, who
are officers of the city of Portland,
in this instance had at their disposal
ample funds with which to make the
needed reports, and as they were elected
with notice of these decisions, they
ought, in Justice, to be bound by them."
COMMISSIONERS ARE PLEASED
Relief From Many Claims for Dam
ages Now Is Felt.
It was with a deep sigh of relief that
members of the City Council learned
yesterday of the decision in the Colby
case by the State Supreme Court.
There has been much uneasiness at
the City Hall ever since the lower court
ruled that members of the Council and
the City Engineer may be held person
ally liable for damages for personal in
juries due to defective sidewalks or
streets. Every day for the pa.it three
or four months has seen from one to
a dozen claims filed for damages for
1 Injuries.
Had the Supreme Court ruled that
responsibility rested with the Commis
sioners personally they saw bankruptcy
staring them in the face.
3 HURT IN JITNEY SPILL
Jjegs of Nearly Every Member of
Party Are Broken by Accident.
LONG BEACH, Wash., July 8. (Spe
cial.) Three persons were hurt, one
po-isibly fatally, when a Jitney struck
a crab hole and turned turtle near
Ocean Park Sunday. A special train
rushed the Injured to the hospital at
Astoria.
Stanley Gross, 11, suffered a broken
leg and the other was nearly cut off;
bis father. Antone Gross. Ilwaco. had
a broken leg, and Corporal Oleson. of
Fort Canby, suffered fractures of both
legs.
ASTORIA, ' Or July 3. CSpeclalJ
Stanley Gross is in a critical condition
at St. Mary's Hospital. The lad's left
leg at the knee was so badly crushed
that there is little hope of saving it
and the boy was so weak from loss of
blood that the attending surgeon fears
amputation would be fatal.
Pottery Industry Grows.
WASHINGTON, July S- The conn
try's pottery production last year
amounted to 48,217.242, an Increase of
SO per cent over the 1915 output, the
Geological Survey reported today. The
Industry, carried on in 37 states, had
a prosperous year in all Its branches.
tt .Albany HrC f li'
n1 - o .m v. ci
n Eugene off,. BLTRNS c I! J?
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C . yot aVC..mmer lafc. I
jtf . i KlAMATH -FALL5 -OMWUHE oA
. 1 KLAMATH
Jl ;1 FALLS
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SAN FRANCISCO
OREGOIT, CALIFORNIA A EASTBBJf RAILWAY COMPAST' WILL CONNECT
1A1H HEACHUG IN
RAILWAY IS STARTED
Klamath Falls Has R. E. Stra-
horn at Celebration.
VAST TERRITORY IS TAPPED
New Railroad "Will Link Lines
Reaching Into Interior Oregon
and Give Second Steel High
way to California.
(Continued From Klrst Pap-)
the outer edges of this vast, poten
tially rich, but undeveloped empire.
"fcome of us now know that some
day, if not in the immediate future,
this valiant effort will prove a price
less boon to the brave pioneers . now
here; afford new hope and opportuntiy
to the hosts to come,' and add to the
volume and value of the world's great
est needs to an 'extent now un
dreamed of.
'The project so near to our hearts
can be made- to exert a greater in
fluence upon the country a food supply
than any other. In fact, it is within
the possibilities that the 100,000,000 or
more bushels of grain possible to pro
duce In this last and greatest unde
veloped land of America may be the
final factor in the winning1 of the world
war.
Line Has Military Value.
'James J. Hill said a land without
people is a desert. E. H. Harriman
called it a wilderness. But these mas
ter empire builders agreed that it re
quired railroads to transform either
desert or wilderness Into populous, pro
ductive states.
'The war is gripping every human
activity in ways none could foresee two
months ago. So swiftly have over-
hadowing events passed by that we
are only now beginning to realize what
it would mean could we add to the
meager supply of our underfed and
sometimes starving allies this year the
vast product of the millions of Oregon
acres now lying idle along these pro
posed railroad lines.
'Or. what might happen If the only
existing through north and south rail
road line in all the country between
Salt Lake and the Pacific Ocean should
be blocked in times like these, to say
nothing of the possibility of such a
calamity in case of invasion by foreign
foes? What thus seemed a problem
of direct interest to only Oregon, Ne
vada and California a few weeks ago
has grown into one of National im
portance. Plan Suggested In 1914.
"As long as we were building rail
roads into new territory, opening wider
areas' to cultivation, our production of
foodstuffs kept pace with our popula
tion. Last year and the year before
we built less railroads than in any year
since the Civil War, and from the time
of stagnation in railroad development
the cost of living has increased by
leaps and bounds.
"Having reached this important mile
stone in the progress of our railway
project, I have been asked briefly to
outline its history to date. In Novem
ber. 1914, during a brief visit to Bend
and vicinity, I was more than ever be
fore impressed with the crying need of
this inland empire for better railway
facilities. In December of th same
year C. S. Hudson, of Bend, and Colonel
Bill Hanley, of Burns, gave me a
glimpse by a thousand-mile auto trip
of the three counties of Crook. Lake
and Harney. .
"As a direct result of this trip, early
in 1915 I started my chief engineer,
N. H. Bogue,, on a reconnaissance
and now 650 miles of final surveys
have been made. Iuring the Spring
and Summer of 1915 I extended my
observations to the extent bf several
thousand miles by auto and otherwise
over the territory.
"In August of that year, at the earn
est solicitation of your Commercial
Club and leading business men of Port
land, I made my first visit to the
Klamath Falls country. After much
more personal inspection and analysis
of this entire interior region, I finally
committed myself to the project.
"The plan of connecting the five ex
isting railroads terminating at Bend,
i " 1
TO CENTRAL OREGON.
Lakevlew and the Harney Valley and
Klamath regions by an independent
and economically built, easy grade sys
tem of about 400 miles then provided
for your district by a connection with
the Southern Pacific at Kirk. How
ever, at the insistence of Klamath
Falls business men for a better devel
opment of the interior and an inde
pendent entrance into the city, August
17, 1916, we extended the surveys into
Klamath Fals.
"That same evening a largely at
tended mass meeting here requested
information as to what Klamath Falls
would need to do to insure the begin
ning of construction here and comple
tion of same at least as far as Sprague
River. I stated that if the city would
furnish certain facilities and $300,000
in cash, I would do the rest and make
every effort to extend the line through
to Bend. This proposition was imme
diately and unanimously accepted. In
10 trying months this small community
has so far completed its part of the
compact that we are today beginning
construction.
Communities Give Assistance.
"I can never adequately praise, nor
can the outside public be made to real
ize, the almost superhuman effort and
the tremendous sariflces involved in the
raising of nearly $500,000 in property
and money by such a limited number
of people. High praise is also due such
communities as Bend, Silver Lake. Fort
Rock, Paisley and Lakeview, and many
along the lines between where financial
support and hundreds of miles of right
of way have been freely given.
"Assuming a continuance of such
support from this and other communi
ties and interests affected, I esteem it
a great privilege here again to pledge
a'll that I have and all that is in me
toward carrying the entire project to a
successful conclusion."
JAPAN MAY SEND FLEET
MINISTER OF KAVT SAYS SHIPS
MAY BE CALLED TO ATLANTIC.
Government, fn Answer to Attack. De
clares That Any Measure That Will
Defeat Germany I. Justified.
TOKIO, July 3. If necessary Japan
may send a fleet to the Atlantlo, Bald
Tomosaburo ICato, Minister of Navy,
In the Diet today.
The Minister was replying to crit
icism of the opposition that the dis
patch of Japanese warshlDS to the Med
iterranean was not required by the
terms of the Anglo-Japanese alliance,
and was merely for the benefit of the
entente and not for Japan.
M. Kato declared the government was
Justified In co-operating- with the al
lies to bring about the defeat of Ger
many. TOKIO. June 30. (Delayed In
transmission.) The House of Repre
sentatives, in a turbulent session to
day, rejected with a majority of 110
a resolution of lack of confidence In
the government.
Tukio Ozaki, leader of the Consti
tutional party, made the principal at
tack on the government's foreign pol
icy, especially as regards China. He
declared ' the United States stole a
march on Japan by sending to China
the note in regard to the restoration
of tranquillity.
The Foreign Office, he said, sought
unsuccessfully to excite public opinion
and conceal its own failure by making
statements in semi-official organs.
POTATO RATION IS CUT
Berllners In Increasing Kumbers
Resort to Soup Kitchen.
COPEXHAGEX, July 3. The food
difficulties, particularly the disappear
ance of potatoes, have driven Berliners
in masses to the municipal soup kitch
ens, where they hope to get better ra
tions, than at home. The management
of the kitchens report 21,000 new regis
trations. The kitchens, however, are badly sup
plied, and the fare is most scanty and
monotonous. The potato ration this
week is one pound, but It is admit
tedly only on paper.
Phone your want ads to The Orego
sian. Main 7070, A 6095.
Interchange of Traffic Possible,
With Issuance of Through
Bills of Hading and Exten
sion of 'Wharf Tracks.
American railroads are forming a
"close alliance with waterway trans
portation lines to aid In handling the
traffic of the country in wartime.
A bulletin just issued under the di
rection of the special committee on
National defense of the American Rail
way Association, signed by Fairfax
Harrison, chairman, tells of the new
policy of the railroads regarding com
mercial transportation - on navigable
waters.
The railways avow their willingness
to go to unusual lengths under present
circumstances confronting the country
and to aid in every possible way. as a
patriotic duty, in carrying on traffic
and working to the utmost to avoid the
glut of freight and to relieve the con
gestion that has prevailed for months
in Eastern terminals.
The bulletin, No. 18, is' sent out ad
dressed merely to all railroads, and is
as follows:
For your Information this committee. In
conference with the committee on Inland
water transportation, of the Council of
National Defense, has expressed a policy
as follows:
Co-operation Is Welcomed.
The position of the railroads regarding
commercial transportation on the navigable
waters of the United States is that they will
welcome any practicable water transporta
tion, and are prepared to co-operate cor
dially with responsible personsor operations
who may provide snch water transportation,
by the exchange of traffic.-the issuance of
loint through bills of lading, and. If neces
sary, where conditions justify It, by joining
the water carriers In the Duliaing -oz tracKs
to connect the railroads with the wharves
and landings of water carriers.
Portland men in close touch with the
traffic situation regard the announce
ment of the railroads s more a meas
ure for first aid for the East than a
step that will be of advantage to the
Pacific Coast, although,- taking It by
and larere. it is regarded as a splendid
thing for the railways to have done,
and the general opinion is expressed
that they deserve credit.
President Farrell, of the O.-W. R. &
N. Company, said yesterday the bulle
tin itself spoke for the railroads and
that nothing further remained to be
said so far as they are concerned.
West Lacks Equipment. '
J. H. Lothrop, secretary of the Port
land Traffic and Transportation Asso
ciation, explained that the trouble of
shippers in the West has not been con
gestion of shipping lines, but a lack
of equipment. The association, how
ever, was one of the first bodies in
the country, acting with prominent
chambers of commerce, to suggest the
formation of this committee of Na
tional defense by the American Rail
way Association to take charge of
transportation problems that arise in
time of war.
"The relief to be felt from this ac
tion by the railroads will be greater In
the East than elsewhere," said Mr.
Lothrop. "By making a more liberal
use of the Great Lakes and the Ohio,
Missouri and Mississippi rivers quite a
relief for the rail carriers can. be pro
vided. "It is to be hoped that the Shipping
Board will make an allotment of some
of the new ships for service between
the two coasts by way of the Panama
Canal. Diversion from rail carriers to
the water lines of loads for the new
ships to be built on this Coast on their
trip to the other side will help out a
good deal in the present railroad situ
ation." Columbia Little Affected.
"The proposed exchange of traffic
between the rail and water lines would,
I suppose, relate only to interior points
and would not affect conditions on the
Columbia River to any great extent,"
said W. D. B. Dodson, secretary of the
Chamber of Commerce. "However, as
it is certain to encourage water trans
portation, and is likely to lead to a re
markable stimulation, I consider it a
decided step in the right direction."
Drake C. O'Reilly, a practical steam
boat owner and 'operator in close touch
with the situation on the Columbia
River, agreed the announcement of the
railways will not affect the Oregon sit
uation to any extent. Mr. O'Reilly said
he did not anticipate a traffic conges
tion on the Columbia River that would
require any special effort to solve. But
in the Middle West and East, where
waterways are available, he said, they
will be found to be a valuable aid to
the rail lines in supplementing the
steam roads.
FAIR RETURNS ARE URGED
BTeppner Clnb Iieaves Rate Increase
to Commission.
SALEM. Or.. July 8. (Special.) The
Heppner Commercial. Club has sent to
the Publlo Service Commission copies
of two resolutions on the proposed 15
per cent increase in intrastate rates.
One of these resolutions, presented to
the club by representatives of the
O.-W. R. & N., favoring the proposed
advance, was rejected by the club and
another substituted In its stead.
In the substitute resolution the club
expresses its confidence in the Inter
state Commerce and Public Service
Commissions; declares that the club
itself has no adequate knowledge as
to rate-making, but states that it be
lieves the railroads should have a fair
return, on their investment, and urges
the Public Service Commission to act
accordingly.
BIGGEST MAN ENTERS ARMY
Xorth Yakiman 6 Feet 7 Inches Tall
and Wears No. 15 Shoe.
NORTH YAKIMA, Wash., July 3.
(Special.) The biggest member of the
National Guard of Washington has en
listed in Company C, of this city.
He is Lawrence C. Rushing, of Zlllah,
who is 6 feet 7 Inches tall and wears
a No. 15 shoe.
CASTOR !A
For Infants and Children
In Use For Over 30 Years
Always bears
the
Signature
r - '-"'in--r!
Coy fiifM un twhigaw uah
The Men's Store for
Quality and Service
WIE-filG IS OFF
Supreme Court Affirms Ma
rastoni Case Decision. ""
JUDGE COMMENTS ON LAW
"Legislation Seems Harsh and Dras
tic, but Question Is Xot of
Policy, but of Power to En
act," Says Decision.
SALEM, Or., July 3. (Special.) -
Manufacture of wine for one's personal
use, or for the use of his family, unless
such wine is unfermented and for sac
ramental purposes, is a crime under
the laws of the State of Oregon. This
is held by the Supreme vourt today in
the case of the State vs. Joe Marastoni,
appealed from Multnomah County, C.
U. Gantenbein, Judge.
"No doubt, to many of our citizens
accustomed to the use of wine as a
table beverage to the same extent that
others have used tea, coffee or milk,
such extreme legislation may seem
drastic and harsh," states Chief Justice
McBride, in writing the opinion for the
court. "It certainly seems so to the
writer, but, whatever may be our In
dividual opinions, they must yield to
the mandates of the law.
"The question is not as to the policy
of the law, but as to the power to en
act it, and this being found to exist,
the Judgment will be affirmed."
Marastoni was fined $50 in the lower
court. Other opinions today were as
follows:
State va. August Fetch and T. V. Ward.
appellants; appealed from Multnomah Coun
ty; criminal action for assault and battery;
Circuit Judge Davis affirmed in an opinion
by Justice Bean.
L. B. Hubbard et al., appellants, vs. "Will
iam Scott; appeal from Jackson County;
suit for damages for alleged violation of
agreement; opinion by Justice Harris; Cir
cuit Judge Skipworth affirmed.
California Trojan Powder Company vs.
Wad hams & Co., appellant ; appealed from
Multnomah; action for damages for attach
ing certain powder; opinion by Justice Sen
son; Circuit Judge McGinn affirmed.
W. C. Alvord et al., appellants, vs. M. C.
Banfleld; appealed from Multnomah; suit to
recover money deposited by a bankrupt as
a forfeit for breach of a lease; opinion by
Justice Bean; Circuit Judge Gatens reversed.
- John Gong, appellant, vs. Tom Toy; ap
pealed from Marion ; action to recover for
wages; opinion by Justice Burnett; former
Circuit Judge Galloway affirmed.
W. H. Stewart vs. George F. King, appel
Loop Train Today
TillamookBeaches
$3 Round Trip
Oswego Lake
N. E. A.
Special Train to
Newberg Today
Main 8800, A 6704
John M. Scott, General Passenger Agent, Portland
SOUTHERN PACIFIC LINES
Store Closed Today
July 4
Saml
Rosenblatt & Go.
lant; appealed from Jackson; Involving title
to mining claims; opinion by Justice Bur
nett; Circuit Judge Calkins reversed.
Charles P. Young vs. George F. King, ap
pellant; appealed from Jackson; involving
title to mining claims: opinion by Justice
Burnett; Circuit Judge Calkins reversed. .
Thomas M. Askay vs. Patrick Maloney et
al., appellants; appealed from Multnomah;
suit to recover damages for death of plain
tiff's son; opinion by Justice Moore; Circuit
Judge McGinn reversed.
Arthur J. Banzeau. appellant, vs. J. C.
Davis; appealed from Marlon; action to de
termine whether a farm was subject to ex
ecution; opinion by Justice Bean; former
Circuit Judge Galloway affirmed.
. Motion to dismiss appeal In the South
Wellington
A CAKE OF DISTINCTION
In Wellington the unusual richness of Eng
lish Shortbread is brought out to the very
best advantage. The delicately flavored
cream filling blends wonderfully with the
cakes themselves, forming an irresistible
combination. Try them; they lend distinc
tion to any luncheon or repast 40c the
pound, everywhere.
TRU-BLU BISCUIT COMPANY
Ljn
made: right
TH OF JULY
SPECIAL FARES
Reduced fares will be on sale July 3 and 4
between all points in Oregon, where fare
is 6.00 or less. Return limit July 5th.
To McMinnville and return:
Lv. Portland 1:00 P. M
Ar. Portland 8:10 P. M.
$1.60 Round Trip
Fast and frequent electric service to Willamette
Valley points.
Special $3 rate to Garibaldi Beach points on Tuesday
and Wednesday, July 3 and 4. Corresponding rates to
other Beach points. Special train leaves Portland for
Tillamook July 3 at 1:40 P. M., returning July 4, ar
riving Portland 10:45 P. M.
Season tickets on sale daily.
Daily Train for Tillamook leaves Portland 7:45 A. M.
Fine place to spend the day. Frequent train service
via electric lines. Round trip to Oswego, 25 cents; to
Lake Grove, 35 cents.
Portland July 7-14. Reduced fares will be on sale
from all points in Oregon July 6-13. Return limit
July 18.
Today train No. 327, leaving Portland at 11:30 P.
M. will run through to Newberg, Or.
Southeast Corner
Fifth and Alder.
western Surety Insurance Company vs. Will
iam Foster, appellant, was allowed.
Re hearings were denied In 6tuart vs.
Camp Carson Mining Company, Beaward .
First National Bank of Ontario and Camp
Carson Mining Company vs. Stephenson.
W. C. T. U. to Hold Picnic.
The -Willard W. C. T. TT. will hold an
all-day picnic Friday- at Peninsula
Park. There will be a Mothers day
programme at 2 P. M. All members
and their friend, have been asked to
bring box lunches.
Rad The Oreeonian classified ads.
in portlahd
City Ticket Office, 131 Fourth Street