Morning Oregonian., August 15, 1919, Page 16, Image 16

TIIE MORNING OREGONIAN, FRIDAY, AUGUST 13,. 1919.
PRE-WAR TELEPHONE
RATE IS HELD LEGAL
THER ASKS JAIL
TERM TO SAVE FIE
City Attorney's Office Sug
gests Line of Action.
Court, However, Insists on Son
Paying $5.
TANGLE OF ORDERS SHOWN
WOODSMAN ALSO PUNISHED
Public Service Commission Request
ed to Suspend Present Charge
or Join in Suit.
Olaf Berg Disposes of Roll After
Enriching Court $10 'and Then
$5 0 for Second Offense.
3; J .
.16
3 lc
That the only lawful telephone rate
In Oregon is what is known as the
pre-war rate, is the opinion expressed
by H. .M. Tomlinson, deputy city at
torney, in a letter addressed to the
public service commission, reviewing
the various orders issued by the com
mission and the postmaster-general,
and calling upon the commission to
Rrant relief to patrons of the Pacific
Telephone & Telegraph, company in
tiiis state.
"The subscribers in Portland and
throughout the state are looking to
your commission to protect them by
every means available under the law
until the validity and reasonableness
of such rates have been regularly estab
lished," says Mr. Tomlinson's letter,
after recommending the suspension of
rates now in effect, pending an inves
tigation. In the event the commission
might hesitate to grant such a re
quest, Mr. Tomlinson suggests that an
injunction suit be brought, and that
the commission might become a party
to euch an action.
The conflict in dates as affecting
telephone rates and an explanation of
the act of congress of July 11, 1919,
are referred to as making illegal the
enforcement of the schedule of rates
put in effect previously by the postmaster-general.
The letter to the public service com
mission follows:
Two SuKieatlona Made.
"In view of the questionable validity
of the exchange rates which the Pa
cific Telephone & Telegraph company
is now attempting to collect in Oregon
municipalities, I am writing to suggest
some action that will suspend collec
tion of these rates until their validity
is established.
"We suggest in the alternative two
possible modes of procedure. One is
the suspension of the schedule by your
commission under chapter 336 of the
laws of Oregon for 1919, pending the
investigation which you have set for
the 27th of this month. The other is
suit for an injunction in which your
commission, the state of Oregon, the
city of Portland and any other mu-
icipality may join as plaintiffs.
'The present situation seems to be
about as follows: On November 4, 1918,
here was filed with your commission
ky the Pacific Telephone & Telegraph
company a schedule of exchange rates
In the state of Oregon. On November
95, 1918, the postmaster-general, labor
ing under an assumption that these
rates had gone automatically into ef
feet under the provisions of the public
utility act of this state, approved what
he thought had then been legally ac
complished.
Further Change Ordered.
'Upon being informed by your com
mission that these rates could not, un
der the utility act, become effective
without a public hearing,- the post
master-general requested that you pro
ceed to a hearing and determination of
the reasonableness of these rates.
"This was done and new rates were
prescribed by your commission. These
rates were actually put into effect by
the company and collected for several
months, beginning May 1, 1919, and
continuing until July 31, 1919, and
in a telegram from the postmaster
general to Mayor Baker, dated August
9. 1919. it is stated that the rates
mentioned in your order were approved
by the post master-general June 17,
1919. By the act of congress of July
11, 1919, which provided for govern
ment relinquishment of government
control over telephone systems, it was
provided that 'the existing toll and
exchange telephone rates as estab
lished or approved by the postmaster
general prior to June 6, 1919, shall con
tinue in force for a period not to ex
ceed four months, etc'
"It appears from that act that only
such rates approved by the postmaster
general prior to June 6. 1919, as are
signaled 'existing' rates, shall be
continued for four months. The rate
which the post master-general claims
to have approved on November 1 5,
1918, cannot be continued in effect for
four months, for the reason that it
was not an 'existing' rate under the
meaning of the act whether you con
strue the word 'existing' as applying
to June 6, 1919, the date referred to in
the act, or to July 11, 1919, the date
of the act itself.
Tanicle Pointed Out.
Furthermore, the attempt of the
postmaster-general . on July 28 to re
vive the dead schedule of November 1
could not have the effect of continuing
i t he rate beyond government control,
for the reason that it was ordered sub
sequent to June 6. While the post
master-general in his message to Mayor
Baker states that he authorized the
schedule of November 15 on the same
day, he states that on November IS he
suspended it. Surely a suspended rate
is not an authorized rate, and the sus
pension was not revoked nor the rate
attempted to be again established until
the post master-general's power to ere
ate a rate that would last beyond gov
ernment control has ceased.
"The postmaster - general between
June 6 and August 1. 1919, might have
stablished or changed a rate, but euch
rate under the act of congress of July
11 would not continue beyond govern
ment control. The postmaster-gen
eral's approval on June 17 of your com
mission s findings of May 1 would make
that rate effective for the time being
by virtue or its adoption by the gov
ernment (notwithstanding the invalid
ity of your order).
"If there is any schedule that was in
effect prior to June 6, 1919, which had
the approval of the postmaster-general,
it must have been the rate mentioned in
your order of May 1. It is possible to
construe the action of the government's
agency, the telephone company, in
actually collecting that rate, as an ap
proval of it prior to June 6, notwith
standing the fact that the postmaster
general does not claim to have for
mally approved it until after that date.
Rate Held in Kffeot.
In any event, whether approved or
not, it was the 'existing' rate that was
being collected on June 6, the date
mentioned in said act, and also on
July 11. the date of the act itself, if
the rate mentioned in your order of
May 1, 1919. is not the schedule which
the act of congress of July 11 proposes
to continue in effect for four months
after government control, then there is
no rate to which that act of congress
applies, and the only lawful rate at this
time is the pre-war rate, that shown in
the schedule filed with your commis
sion previous to the war. and we are in-
ciinea io me oeiier mat the pre-war
rate is now the lawful rate.
"If our reasoning is correct then the
collection of the increased rate which
the company now is attempting is done
by the telephone company as a public
utility ana not oy tne postmaster-gen
eral, and chapter 3o6 of the laws of
Katty Arbacklr, In ncene from A Deiert Hrro," vrhlch. with a Mary Plcfcford
p let are, will be the attraction at the Sunset theater commencing: tomorrow.
TODAY'S FILM FEAT! RES.
Liberty Robert Warwick, "Se
cret Service."
Majestic Tom Moore, "One of the
Finest."
Peoples Bessie Barriscale, "The
Woman Michael Married."
Star Viola Dana, "The Microbe."
Columbia Ethel Clayton, "Men,
Women and Money."
Sunset Wallace Reid, "Believe
Me, Xantippe."
Strand Peggy Hyland, "Cheat
ing Herself."
Globe Elsie Ferguson, "Barbary
Sheep."
Circle Mary Pickford, "Rebecca
of Sunnybrook Farm."
TWO feature numbers Mary Pick
ford in - "M'liss" and Roscoe Ar-
buckle in "A Desert Hero" are sched
uled for the new Sunset programme
which will commence tomorrow.
The Pickford picture has for its
background one of the most famous
American stories. It is the picturiza
tion of Bret Harte's novel, which had
such a startling sale nearly 30 years
ago. Frances Marion has made the
screen version of "M'liss," and inci
dent 2y it was Frances Marion who
wrote the scenario for "Rebecca of
Sum ybrook Farm."
"M'liss" is the story of the golden
'49 days of California wnen an un
tamed daughter of the west meets the
new and handsome school teacher who
comes to "i'arn her." The murder of
M'liss' father and the heavy suspicion
which rested on the school teacher
cDmplicate matters, which are later
smoothed out by M'liss' love for the
easterner.
"A Desert Hero" with Fatty as its
star centers in the efforts of a small
br.nd of Salvation Army workers who
attempt to work good among the black
sheep of a western community.
Screen Gossip.
Jack Perrin and Josephine Hill, two
rvew western stars, are beginning work
on the first of a series of two-reel
western melodramas, under the direc
tion of Reeves Eason.
Nazimova has selected her eeven next
vehicles to follow "The Brat," her
latest feature, and has begun work on
the first of them, "The Hermit Doctor
of Gay a," from the novel of L A. R.
Wylfre.
Norman Dawn is midway in the pro
duction of a drama, "The Eternal
Triangle," a play in which only canine
actors appear and for extras, atmo
sphere and pups, levies on the Los An
geles pound for talent.
Harry Carey and his company are on
location at Big Bear lake. California,
shooting exteriors for "The Eternal
Savage," a story by Carey and his
director, Jack Ford.
Thomas H. Ince has just begun work
on the first of a series of all-star cast
productions, "Americanism versus Bol
shevism," a spectacular play in some of
the scenes of which several thousand
persons will be used.
Dorothy . Phillips, whose latest
release. "Paid in Advance" is soon to
run at the Liberty in Portland, has just
completed "The Right to Happiness,"
which-will release this fall.
Dorothy Daltn is working in New
York on a film version of "The White
Book," her second New York produc
tion for Ince.
Frank Mayo and Katheryn Adams,
who played opposite each other in "A
Little Brother of the Rich," are to be
paired again in "The Brute Breaker,
a French-Canadian story.
Oregon for 1919 seems to authorize your
commission in such a case to suspend
these rates pending a hearing and de
termination of the reasonableness
thereof.
"The subscribers in Portland and
throughout the state are looking to
your commission to protect them by
every means available under the 'aw
until the validity and reasonableness
of such rates have been regularly established."
ELKS SELL $50,000 BONDS
Joe Monesc, Kcho Stockman, liujs
Pendleton Temple Issue.
PENDLETON, Or., Aug. 14. (Spe
cial.) Joe Monese. well-known Echo
stockman and member of the Elks
lodge here, today bought the SaO.ouu
first mortgage bonds which will fur
nish money for the immediate con
struction of the nw Jour-story Elks
temple here. Between $40,000 and
$50,000 will be raised by tne sale oi
second mortgage bonds.
Contracts for the heating, plumbing.
lighting and elevator will be signed
at once and the general contract will
be signed as soon as the architects
complete their revision of the plans.
Work will be started immediately.
$700,000 PAYMENT IS DUE
State Treasurer to tarry liarrett
Bond Funds to Salem.
SALEM, Or., Aug. 14. (Special.)
O. P. Hoff, state treasurer, and li. B.
Goodwin, secretary of the state board
of control, went to Portland today to
receive approximately $700,000 due
from Bean-Barrett bonds recently sold
by the state to a number of eastern
bond houses. The bonds were delivered
at Boston yesterday and Treasurer
Hoff received information last night
that a telegraph conveyance of the
money would be made today.
Interest on the money received from
the bonds will approximate $40 a day,
according to Mr. Hoff.
LIGGETT LAUDS PERSHING
IKCLY GREAT SOLDIER. GEN
ERAL CALLS HIS CHIEF.
American Army In France AVorltl's
Finest Fighting Machine, Is
Commander's Tribute.
Shipworker Recovers Auto.
BEND, Or., Aug. 14. (Special.)
After being deprived of the use of his
car for more than a month, B. Teger
strand. Portland shipyard worker, to
day recovered the machine, which befl
been brought to Bend without iermis
sion of the owner, by Frank L. Allen,
a fellow worker im the yards. In ad
dition to the -ilo, Tegerstrand became
the owner of $375 worth of new tires,
which had been placed on the car by
R. H. Loop of this city, who had pur
chased the car from Allen.
Phenomenal Oats Shown.
Quality of products and yield that
mav be secured on reclaimed bottom
land are shown in an exhibit of white
oats brought to Portland yesterday by
George Granlund of Kelso, Wash. The
grain was grown on a 40-acre tract or
diked land and the sample brought to
Portland measured s feet iu lncnes. .Mr.
Granlund said the grain yield averaged
160 buchels to the acre.
SAN FRANCISCO, Aug. 14. There has
never been anything as remarkable in
the history of the world as the fight
ing machine developed by the American
forces in France, Lieutenant-General
Hunter Liggett, commander of the
American 1st army overseas, and "new
head of the westerji department of the
army, said at a dinner given in his
honor by a group of city officials, army
men and other here tonight.
"We had as commander-in-chief a
truly great soldier, who developed
along with the enormousness of the
task," he said. "He was more than equal
to any occasion. First, last and all the
time he was an American.
"In one and one-half years we built
up in Europe a most remarkable mili
tary machine, renowned particularly for
the quality of its fighting men. There
has never been anything quite so good
in a military way in the history of the
world. The self-imposed discipline of
the men stood all tests. Their behavior
after the excitement of the fight was
over when they had to wait in uncom
fortable billets and in an inhospitable
climate was just as splendid as their
fighting.
"It was of tremendous importance to
those intelligent soldiers to know that
the home people were with them, heart
and soul. I do not think our great
country was a more complete unit on
anything more than it wa- on the ques
tion of this war. Our men knew that.
Its importance cannot be exaggerated."
General Liggett today succeeded Mi-
jor-General John F. Morrison, who will
leave featurday to assume command of
Camp Lewis. Wash.
FARMERS TO BUILD TEMPLE
Idaho and Washington Campaign
for Funds Carried On.
SPOKAXE, Wash., Aug. 14. Farmers
of Washington and northern Idaho have
started on a campaign to raise $200,000
toward the erection of the proposed ag
ricultural temple in Washington, D. C.
With the arrival of a $4000 check to
day from Genesee, Idaho, the actual
cash receipts toward the fund were
brought above $15,000.
Rather than deplete the family in
come to the tune of $3, Mrs. V, Jones
yesterday appealed to Police Judge
Deich for permission to serve out in
jail a $5 fine which theourt had just
assessed against her son for driving his
auto truck with the muffler open.
Mrs. Jones appeared as her son's
counsel and when the court assessed a
$5 fine she pleaded that because of
present excessive living costs the fam
ily could not afford to pay this fine.
"No, I cannot let you serve out a
sentence because of your son's disre
gard for the laws,'" she was told by the
court.
The son wasn't nearly as anxious to
save the $5 as was his moth-er, for in
stead of offering to serve two days in
jail, he appeared at the clerk's office
an hour later and paid the fine. -
Olaf Berg,, woodsman, is ready to go
back to the pines and the firs. He had
had his jaunt to the city and he's
disposed of his "roll." Olaf came to town
several days ago. He was In the police
court Wednesday for being drunk, but
escaped with a $10 fine. Yesterday he
was in again, considerably more under
the influence of liquor and almost
"broke." This time he was fined $50,
and he was compelled to telephone for
some friends to help pay the fine so
he could return to the woods.
Gus Johnson's memory was bad ex
cept on onepoint. He didn't remember
whether he had been drunk or not, but
he did remember that he had paid $10
a pint for moonshine.
"Any fellow who can pay $20 a quart
for that stuff can donate $25 to the
city," ordered the court, and Gus
paid up.
Ernest Barzee is one of these inno
cent bystanders who are always getting
hit by mistake. At least, Ernest sought
to convince Judge Leich that his mid
dle name is hard luck, but it didn't
work. He paid $5 for having lottery
tickets in his possession.
He told the court that he saw the
lottery tickets lying on the sidewalk
Not knowing what they were he picked
them up, like any bystander might, and
at that moment a cop" stepped up
nd pinched him. It was a nice sort
f a story but Judge Deich refused to
be played for a sucker.
Robert McMonies is an ex-convict and
drug addict, but he a trying to go
traight. He is out on parole from the
penitentiary at Salem, but since com
ng to Portland his former associate
mong the morphine and cocaine users
ave started him to using the stuff
once more.
Hearing that City Health Officer
Parrish and Police Judge Deich are co-
perating to cure addicts, McMonies
ppeared in police court yesterday and
sked for a 90-day sentence in order
that he might again take the cure.
Other drug addicts to get 90 days are
Charles Cooper and William V. Jones.
C. C. Ruley assumed an alarmed ex
pression when he was fined $10 for
speeding. The court then relented and
greed to remit the fine if the youth
would take his motorcycle to the sta-
lon to serve a 1 0-day sentence. The
machine will be locked up during this
period, while Ruley escapes both fine
and sentence.
K. J. Walsh was fined $15 for reek-
ess driving. He ran into a hotel bus.
He pleaded he was forced to do so to
avoid running over a woman. Other
peeders fined included V. Moore, Frank
Boheen and D. M. Retan, $10 each. F. J.
Peterson paid $5 for cutting a corner.
O. A. Plate and K. J. Soumie were
speeding along Lombard street and
both paid fines of $12.50.
Laurel, Waali.v Sawmill Burned.
"WHITBJ SALMON. Wash.. Aug. 14.
(Special.) The Feet Brothers lumber
mill at Laurel. Klickitat county, ac
cording to report, was destroyed by
fire Tuesday night. The box plant and
umber yard, it is said, were saved.
Large contracts for box shooks were
being filled by this operation. ihe
amount of insurance was not reported.
Bend Radio Operator Returns.
BEND, Or.. Aug. 14. (Special.)
After more than two years in the navy,
John Steidl, Jr., returned to Bend to
day. He was in the submarine service
as radio operator, and while on the
Q-9 lying off Gibraltar received a wire
less message announcing tne signing
of the armistice.
Company F to Be Guests.
All menof company F, 162d infantry.
are invited to an entertainment and din
ner to be given at Crystal Lake Park
next Saturday by the ladies' auxiliary
of the organization.
Phone your want ads to The Orcgo
niaa. Main 7070. A 6035.
ASK YOUR GROCER
MS'fOSTER BAKINGCQ
PORTLAND. OREGON.
i SALEM BAKINGCQ
J5ALEM. OREGON. Jj
HORLICK'S
' THE CRiGIHAL
MALTED 6VULK
Rnumlxr NU-RAY-A TEA
CUurt & Dm - Porti.J
ft 1 '
li ;
I ' These Famous Snow Flakes 11 1'
M -. Visit our big modem bakeries where millions of Snow Flakes ill I
MW?? ' are a!e every day See the spic and spaa interior. Note the jN?;0 I N
TemmM wonderful muring machines and the huge brick ovens. After IpflP
111 ' y?uve seen them baked you'll know why they're so good. PSSii
PSil Your grocer can supply you. irl fif
jfjjlf Dont ask for Crackers llSI
BIILv ""say Snow Flakes .rB'
Bc Co. ssgr P
JJigSSZsdl t":- I...... y.;.r u - ilIJ-1
Project to Be Investigated.
SALEM. Or.. Aug. 12. (Special.)
Percy Cupper, state engineer, left last
night for Bend to investigate the Ben
ham reservoir project. The cost of this
project, which is being borne jointly by
the state and United States reclamation
Jrfi 1 JlLcan "
Li yLJFFfL
. llWi COPY Rl g'h T 99" BY HI LLSB Osi ' "
Mt. A 1. - M
service.' will be about $7000. according
to Mr. Cupper.
I,inu County Wheat Good.
ALBANY. Or.. Aujr. 14. fSperlal.
Linn county farmers are reporting ex
cellent yields of wheat this year. H. T.
Riddere reports an average of 2a bush
els to the acre. John Minert of Tan
gent threshed 42 bushels to the acre
COUNTRY SCENE
FROM WINDOWS
OF OUR GREEN
BAY PLANT
Fresh From
Sunshine and Pure Air
i
"COUNCIL Meats are
prepared " among
ideal surroundings. They
come to you in vacuum
packages'that preserve all
. their purity, flavor and
food value. All meat no
waste. Ready - to - serve
economical.
A supply on your pantry
shelf offers a happy
solution to meal -time
problems a variety" of
meats for all occasions.
Indian Packing Company
CREEN BAY. WIS.
201T
and other farmers have yields around
the 40-busheI mark. In some case
yields have gone as low a-s 18 bushels
an acre. Threshing of fall grain ia well
advanced.
mm
of the jcogrt
i
oxt xsi -croy: tfiz -avtxt
Tjxrusv tci wt Viixrice
Every grocer everywhere
sells Kellogg's everyday