Morning Oregonian. (Portland, Or.) 1861-1937, March 15, 1918, Page 9, Image 9

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City Loses Suit Against Rail
way Company and Public
Service Commission.
Opinion red Solely on Law Point
Involved anil Quoccs lYom Many
. I'ormrr Isrc-istoos of Scale and
C. S. Saprrne Courts.
Wy unanimous vote the six Circuit
Judges of Multnomah County upheld
the six-cent far rutins of th I'ubllc
Fervita Commission. In a decision hand
ed do n yesterday mominc. The opin
ion for ttie court 3 written by Judge
Kavanaugh. wi'h rrridding Judge Mor
row md JuHc Catena. (ianlrnbln.
Tucker and itapitton concurring. Ths
Ctty will appeal at one.
At Ui outset the opinion rei-lles that
th court did not rater Into the ques
tion of th "expediency." necessity or
fuDiublrnru of the -rent fare. It
state that the opinion Is eased solely
upon th law point Involved, as to
whether or not the Public Service Corn
mt."lon ha. th power to regulat th
rates of th I'ortland Kailway. l.isht 4k
Tower Company or of any Other public
utllttv within th state of Oregon.
The opinion of the court sets to r-t
th eon I rut ion of th counsel appearinc
for th city of TortUnd at th recent
hearinc 'o the effect that the sovereign
power Iim olth a municipality under
the iirrcti stem. .
"Th power t establish fares for th
transportation of passengers by com
mon carriers Is a sovereign power."
reads the opinion. "It Inheres In th
arate. where all overeian rower pri
marily reside. That power Is exerted
br lei.-lntion. Th slat may not en
tirely denud Itself of this power. It
may delegate, but It cannot abdicate.
It may. br Cirerl grant to a corporation
or Individual encaged In public scr-
I Tlce. diet it.elf of that power for a
reasonable and limited time. It may
slo delegate to sa municipal corpora
tion authority to grant a franchise
upon It streets and public ways and
establish an unalterable rat of fare
for the limited duration of th fran
chise. But such authority can be dele
gated only by express grant or clear
ftlaata to rreadered.
Th court further holds that thi state
did not surrender Its sovereign power
to rerulat rates by Its grant of fran
chise powers to the city of rortland In
the charter of I ""13.
"This delegation Is not sufficient to
extinguish th power of th state to
alter tbeso rates. read th opinion.
"W hold that th Immediate parties to
th franchls contracted In this rela
tion with tho view that th stat might
later Intervene and regulat. th rates
to meet new and changing conditions;
that th rate provisions of the contract
do not constitute Inviolable contracts
binding upon th state, whosa obliga
tions wer Impaired by th order of th
Public ferrlre Commission.
Th court further sets aside th con
tention of Special Counsel Wilson T.
Hum that a legislative nartmnt of
I'll, setting t he street railway fares
In all cities of more than .aeo popula
tion at f cents and no more. Is still In
-We ar of th opinion that this law
has been repealed by necessary Impli
cation by th public servtc law. We
hav show a that th public- serv ice act
amnded or uprseded ail municipal
charters of th stat In conflict wl'h
its provisions. Th two acts cannot b
harmonised, th repugnancy I clear and
th prior statut was repealed by acc
essary Implication.
Th opinion covers every argument
advanced both fr and against th -rem
far during th hearing it quotes
frequently from decisions of th Oreeon
Supreme Court, th I'nited Mates Su
premo Court and Supreme Courts of
tber states In th I'nlon.
Tttreb laqalry Made.
Th retroactive features of the refer
endum act creating th lliblte Service
Commission ar mad th aubjct of a
thorough Inoulrv. Th power of th
commission to rlv, and regulat rales
previously mad by a municipality,
through contract, as wall as t hose ma!
by th utility Itself. Is also considered
""Whether lb art la retrospective or
prospective only. I a question of con
struction." reads the opinion. The act
is plainly Intended to embrace ante
redent rat contracts. Th languag of
th act Itself, various provision con
tained therein, th historr of Ita Intro
duction and paasag br th legislative
Assembly, as well as th extended dis
cussion before ita ratification by th
people under the referendum, all tndl
cat that purpoe and Intention.
The state of Oregon has every light
to tak unto Itself any powers which
might heretofore have been granted to
a municipality, the court holds. The
fart that the art creating the Public
rierrtce Commission was mad a law by
th -rot of all th poop I of th stat
makes th art on of state. wide con
cern and affects the relation of the
state to Its cities and towns. .
The court quotes from an opinion
handed dowa by Judge Bean In the
r'ed-ra I Court to substantial It posi
tion that any charter provisions of a
municipality ar superseded by stat
enactments. Judge fcean'a opinion, thus
quoted, follows:
By that act th power to fix the
rates to be charged by public aervic
cprpormiona conferred upon different
cities of the state by their chartera la
transferred to the Railroad Commission
and such charter provisions are there
fore amended or superseded as far as
they ar In conflict or Inconsistent with
the powers so conferred."
W dbara Cas Q noted.
The Wood burn case, recently decided
by the Oregon Supreme Court. Is quoted
by th court to show that the Public
Ke rvlc Commission has power to
rhaag rates which hav been fixed
between a municipality and a public
utility by franchise ordinances, as well
as to change rates which have been
ftsed by the corporation Itself.
Th quotation from th Supreme
Court's derision In the Woodburn cas
Is given as follows:
"If the franchls Is deemed to be a
contract between th city and telephone
company, then the mere fact that It
was made prtor to the enactment of
the public utility statute and before the
state attempted to regulat rates, does
not debar the stat from Increasing th
ratee fixed In the contract between the
parties, for the reason that the law
wrote Into It a stipulation by the city
that the state could, at any time, exer
cise Its police power and chance the
rates. "
The history of the sis-rent fare -In
Portland dates from last fall, when the
Tortland Railway, laght Jc Power Com
pany ret I' toned th Public Service Com
mission to incrraso th streetcar fares
wttbln the city of Portland. The peti
tion at that tim waa domed, but th
comm.uloa later granted a rehearing
and on January S. IMS. adopted an or
der granting th six-cent far. Th in
creased far went Into effect on Jan
uary in. lest month th city of Port
land brought suit against the Public
Service Commission and the Portland
Hallway. Llht Tower Company as
Joint defendants, alleging- the six-cent
fare as granted by the stat commis
sion was Illegal ana a usurpation or
powers by a state body. It further
contended t'uat th referendum act cre
ating th commission was unconetitu
Sim Judges nit en Bane.
Th case was originally assigned to
Judc ilorrow. but upon petition of
the Public Service Commission, the six
Circuit Judges of the district agreed
to hear It. sitting en banc.
The city of Portland's rase was han
dled by City Attorney "LaRnche. Deputy
City Attorney Tomlinson. Judge Martin
r - -i 1
: :s 1
4 f,t f v-- dj - - (, . -J
A T-sV"'--' - y
I at
. i i - :
- -
Osear ;reshy.
gene. March It. (Special. Alt
er having been rejected In no
lss than half a doxen branches
of th service In which he tried
to enlist. (hirir tlnrecsky. of
I'ortland. the Ion veteran of for
mer years on th track squad this
Spring. Is determined to do war
work of some kind and will turn
his hand to building ships In a
Portland yard within the next
two weeks.
The loss of irerxky to Oregon
Is made a more telling blow to
th track and field prospects by
th absence of Coach llayward
and th fart that tiorecsky was
the only man sufficiently ac
quainted with the "Hayward sys
tem" to put the squad through Its
training paces.
I lines, special counsel for th city,
and Wilson T. Hum.
The Public Sty Ice Commission wss
represented by Attorney - ienersl
l-rown and Assistant Attorney-General
Pailey. Franklin T. rtfftth. president
of the "Portland Kailway. Light Pow
er Company: Harrison Allen. R. A. Let
ter. Frederick V. Holman and W. C.
lienbow represented th company.
It was announced yesterday at the
office of City Attorney La Roche that
an Immediate appeal would be taken
to the yupreme Court. It was an
nounced at the time the hearing was
started that the case would be taken
to the Supreme Court for final deter
mination despite th outcome of the
case In the Circuit Court.
German Enemies Must Report
Change of Residence.
Attornrjr-Grnrral Gregory Issues Or-
tier Advising Teuton Aliens as
to Requirements Violators
Liable to Be Interned.
Attorney-General Gregory has issued
an order that every German alien ene
my who changes his place of residence
must report thst change to the proper
registration officer under penally of
prosecution for his failure to do so.
The same order calls to the attention
of these aliens that the possession of
registration cards does not relieve them
from a full compliance with any and all
laws and regulations concerning their
conduct and does not permit them un
der any circumstannea to enter barred
and restricted zones estadllshed by
proclamation of the President.
Order la !et Forth.
The rule regulating the change of
residence of German alien enemies pre
scribed by the Attorney-General follows:
"Any German alien enemy who de
sires to change his place of residence
from one registration district to an
other must, before removal or making
the change of residence, present him
self to the proper registration officer
of th registration district in which
he Is then residing, and fill out in four
coixe a form of application for 'change
of "residence from one registration dis
trict to another." which the registra
tion officer will furnish to the alien
enemy. The applicant must state upon
this form full particulars as to the date
on which his residence is to be changed.
the reason for such change and "is
intended place of residence. The ap
plicant will then be Informed by the
rrgistrsrtlon officer whether his appli
cation for change of residence to an
other registration district is granted.
Appeal to the I'nited States Marshal
lies In certain cases from a denial by
the registration officer of such appli
cation for permit.
"If such application Is granted the
German alien enemy must present his
registration card to the registration
off leer. who will indorse thereon such
permit of change of residence. The
alien enemy to whom permission is
given to change his place of residence
from one district to another must, upon
his arrival in the registration district
In which his new residence Is located,
report to the registration officer of
that district and exhibit to him his
registration card, with the Indorsement
of the change of residence thereon.
Penalty la Presided.
'Any alien enemy who changes his
place of residence to another place of
residence within the same registration
district without reporting to the regis
tration officer such change of resi
dence and having the same indorsed
nnon his registration card, or any alien
enemy who changes his place of resi
dence to a place of residence within
other registration district without
first making application for permit for
such change of residence and obtain-
ng such permit and Indorsement
hereof on his registration card. Is lia
ble, among other penalties, to arrest
and detention for the period of the
!(fl WAR ( I
ll-i ift ft'CTTA TVTr. o
Reports being received dally at state
war savings stamps headquarters Indi
cate that county chairmen throughout
tbe state are ready generally for the
house-to-house thrift canvass to be un
dertaken beginning next Tuesday and
to continue through Saturday.
Karh chairman baa organised a corps
of workers In hus county, and these
worker have, been supplied plentifully
with literature that Is to be placed In
every home In the state with a view to
putting every home on th war savers'
list for Investment In thrift stamps and
war savings stamps.
Saturday Is wast paper day. rag day
and flower day. The Patriotic Conser
vation League. Mrs. R. IX Inman. chair
man, has mad arrangements to make
It a general thrift day for children.
Thrift stamps will be given In lieu of
cash, except In making odd-cent change.
In payment for the J50.000 pounds of
waste paper th boys of the city are
expected to harvest. The rate of pay
will b Z S cents per 100 pounds. Waate
paper may be turned In at any fire
station In the city. Firemen will weigh
It and make payment. During the
morning children will be paid at he
rate of I rent for each flower for all
of the daffodils they gather, payment
for the flowers to be made also In thrift
stamps. The flowers will be sold dur
ing the afternoon and evening at the
leading hotels and on busy corners
downtown. Children should gather the
flowers early Saturday morning. The
florist shop of Wax Smith has been des
ignated, as a receiving station.
O. J. Skiff, postmaster at Union,
writes that though he Is working It
hours a day on official business, war
stamp work and other war work, and
that he Is willing to put In the other
10 hours the same way If It la necessary
to whip the Kaiser.
FIRE LOSS IS $1,358,600
t". S. I'orcst Service Iteporln 962,000
Acres Burned in 1017.
Forest fires burned over 961. nno
acres of National forest lands In 1917
and caused a loss of $1,358,600 to the
Government In timber, forage and
young growth, according to figures
compiled by th Forest Service.
Of the T114 fires which were fought
on th forest reserves, sll but 2132.
set by lightning, were caused by hu-
! man agencies and could have been pre
I vented. There were 952 Incendiary
fires, which occurred for the most part
In Oregon. California and Arkansas.
The snowfall In the mountainous
sections of the Northwest Is less than
last year, and consequently greater fire
hazards are expected by forest offi
cials this year.
$ x 4-75 $ i f5-v5$ i gjo$ 9-so$23 -5$25;
aw -
1 -
We're proud of our 'dress stocks, and well we may be
for, in spite of merchandising conditions, we've assem
bled 1000 dresses to sell at " Popular" prices. They're
not "ordinary" popular-priced dresses. Every one is as
distinctive and different as can be. The seven models
pictured but hint at their beauty and attractiveness !
afternoon wear, for-business
wear, for street wear, and for
dinner and informal evening
wear numberless styles.
taffeta, of crepe de chine, of crepe,
meteor, of serge, of Georgette, of
jersey and of many combinations
of fabrics.
a half dozen tones of blues, of
grays and tans, and there are wis
tai'ias and purples, rose, black,
white, and then some more.
There Are Dresses for Every Woman and for Every Purse ! There's Not the Least
Doubt but That Your New Dress Is Here ! Select It Today. The Lowness of Its Price
Will Surprise You. Then, Too, There Are Dresses at Prices Ranging Up to $45 & More.
---Second FJoor-Emporium.
On Our 3rd Floor Are Assembled
Trimmed Hats at $5
that you'll instantly pronounce "the best
values you've seen in a month of Sundays"
and truly, they are.
Most of them were designed and made in our own work
rooms there are blocked models and soft crowned ones,
too, of caterpillar and chrysanthemum braids, of silk and
of straw and silk combinations.
Ribbon, flower and fruit trimmedscores and scores of
them! , Third Floor Emporium.
Silk Blouses at$3.95
The first lot of these blouses went out in a
big hurry last week ! These will, too, for
it's not every day one can buy crepe de
chine and Georgette blouses such as these
for $3.95. Scores of models.
First Floor Emporium.
I H I Ml
11.11 1 1 IT
Enemy spies are everywhere
Don't give them information
Central la Elks Day Stamps.
CKXTRALJA. Wash.. March 14. (Spe
cial.) At a meeting of the Elks Lodge
last nlttht ISOO of the lodge funds were
ordered Invested In war-savings stamps.
Another 1100 worth will be purchased
In a few days. The Elks also own 1:000
worth of liberty bonds. A class of five
candidates was Initiated by the Elks last
night, the occasion being an official
visit from Henry Monroe, of Seattle,
district deputy. A supper and musical
programme followed the Initiation.
Grant Taa Chamber Flol.
GRANTS rAScJ. Or.. March 14. (Spe
cial.) Tbe Grants Tass Chamber of
Commerce at Its annual meeting "last
nlsbt elected as president for the year
Frank S. Kramwell: vice-president. E.
T. l.udden: secretary. K. S. Van Dyke:
treasurer. Frank C. ft ram well ; trustees.
r,erir C. tiahin. T. M. Stott and C. A.
Wlnetrout. These, with A. 8. Coutant
and Dr. K. C. Mary, constitute the board
of directors.
Protection by
Forces '
Japanese Military
Is Assured.
Intimation that the future move
ments of the field forces of the John
F. Stevens Russian railroad commis
slon will be protected by Japanese mil
Itary forces Is given in a postcard
received In Portland from a member of
th commission. Lieutenant H. I
Hoskln. In a card written on February
23 to his brother. G. C. Hoskln. of this
city, tells or projected plans.
"We will move- In a few days to
Harbin. Manchuria." he writes, "and
we probably will hav some great ex
periences. We visited Aso volcano and
had a good time. In fact, we have
been enjoying ouraelves immensely
here In Nagasaki."
Noorr Luncheons Arranged to Pro
mote Fellowship.
In order to bring about a better
spirit of co-operation among its mem
bership, the Multnomah Bar Associa
tion will hold a series of noon lunch
eons, th first of which will be held
today noon at the Portland Hotel, at
which a Government expert will dis
cuss the new Income tax law and an
swer all questions which may be
brought up concerning it. Milton A.
Miller, Collector of Customs, will also
It is planned by the association to
hold these luncheons once a month for
the discussion of various civic ques
tions, outside the legal profession, as
well as those topics which are of pe
culiar interest to attorneys.
new Courthouse wlU again be the scene,
of a merry throng in the Interest of the
Red Cross. On Monday will be held a
Governor's reception, St. Patrick's ball
and concert party. Governor James
Withycombe will be the guest of the
Grants Pass Chamber of Commerce at a
regular Monday noon luncheon and in
the evening will meet the citizens at a
public reception-
Asphalt, with which so many roads
are paved, was found by accident.
Many years ago. In Switzerland, nat
ural rock asphalt was discovered, and
for more than a century it was used
for the purpose of extracting the nich,
stores of bitumen it contained.
Lumber Cut Increasing- While That
of Washington Falls Off.
Oregon mills made a substantial gain
!n the lumber cut in 1817 over 1916
while mills in Washington showed
decrease, according to statistics com
piled by the Portland office of the
forest service.
Sixty-five mills in Oregon with 500.
000 feet daily capacity or more pro
duced 2.0SJ.661.000 feet of lumber, in
1 917. oompared with 1.742,032,000 feet
in 1916. In Washington 140 mills df
similar capacity cut 2,428,221.000 feet
in 1917 and 3.(18.197,000 feet in 191S
The increase In the output of the Ore
Kon mills for the period was 341,609,000
feet. The Washington mills' decrease
for the same period was 190,000,000
Spruce Production Rapid.
ABERDEEN. Wash.. March 14.
(Special.) Six carloads or something
more than 100,000 - feet of airplane
spruce has been turned out by the
Warren Spruce Company In 10 days.
The company, which Is just across the
line In Pacific County, employs 400 log
gers and about low soldiers.
Grants Pass to Hear Governor.
GRANTS PASS, Or., March 14. (Soe
rial.) Josephine County's magnificent
SE mm
Only True Tonic for Liver
and Bowels Costs
10 Cents a Box. i
Phone our want ad to The Orego
cUn. Mailt 1070, A ttii. ,
Cascarets are a treat! They liven
your liver, clean your thirty feet of
bo els acd sweeten your stomach. Sou
eat one or two Cascarets like candy
before going to bed and in the morning
rour head Is clear, tongue Is clean,
stomach sweet, breath right, and cold
gone and you feel grand.
Get a 10 or Si-cent box at any drug
store and enjoy the nicest, gentlest
ver and bowel cleansing you ever ex
perienced. Stop sick headaches, bilious
spells. Indigestion, furred tongue, of
fensive breath and constipation. Moth
ers should five cross, peevish, feverish.
bilious children a whole Cascaret asy
tima. . . -
Come, see the fetching new styles for Easter,
Spring and Summer! It is an exhibit that will
give you an idea with every glance.
Not only is the newest here but the best is
here, at prices that will cause you to wonder.
i:f) 1:1
Fine black Russia I ' ri f
cloth top, welt. E. Price
soles, like cut. .J .
Same in fine I p.R A flS
black kid or calf, B 61
gray buck top, at yf?
$o.95, $6.45 is
Fine Calf Pump, either A great variety of patent,
AQ! wing tip or or calf spat
sS. ' plain like cut pumps. heel.
I VsTs Price $3,95 P1""-?3-95 )
lySOthers up to SS
I.I X 91 w
Dr. Edwards' Olive Tablets'Get
at the Cause and Kemove It
Dr. Edwards' Olive Tablets, the substi
tute for calomel, act gently oo the bowels
and positively do the work.
People afflicted with bad breath find
quick relief through Dr. Edwards',
Olive Tablets. The pleasant; sugar
coated tablets are taken for bad breath :
by all who know them.
Dr. Edwards Olive Tab!et3 act gently,
but firmly on the bowels and liver.1
stimulating them to natural action.,
clearing the blood and gently purifying
the entire 6ystem. They do that which
dangerous calomel dou without any, .
of the bad riter effects.
All the benefits of jasty, sickening,'-.
oafhnrHca are de ied from Dr.
Edwards Olive Tablets without griping,
rain or any disagreeable effects.
formula after seventeen years 01 prac
tice among patients afflicted with
bowel and liver complaint with the
attendant bad breath. v
Dr. Edwards Olive Tablets are purely
a vegetable comnound mixed with olive
oil; you will know them by their olive
color, laice one or two every nignt ioc
a week and note the effect. 10c and 25c
per box. All druggists.
129 4th
Washing ton & Alder .
Next to S. P. Depot Near Washington Street
Pew folks suffering from kidney and
bladder troubles ever think that the
meals which they are taking are hasten
ing their death. Every morsel of food
taken gives up its quantity of urio acid.
This poison Is taken into the system
through a diseased condition of the kid
neys and bladder. In the healthy man
nature provides an outlet for thispoi- ":
, In I .h.o Ih milts, tab. a
medicinal help to drive this death-dealing
poison from the system. For over
Capsules have been doing this work. '
They effect prompt relief in all diseases .
arising irom riuiicv niiu uiauucr uvu
bles. Don't put off this vital matter
of attending to your health until it is
time to make your funeral arrasge
ments. 'Get a box of GOLD MEDAL
Haarlem Oil Capsules today. Look for
the genuine. Your druggist sells them."
They are guaranteed or money refund
ed. Insist on GOLD MEDAL Brand.