Morning Oregonian., April 01, 1920, Page 8, Image 8

TIIE MOUSING OEEGOXIAN. THURSDAY. APItlL. 1, 1920
STREET GAR PROBLEM
DEEMED UP TO CITY
LA ROCHE STANDS BY
5
Commissioner Comments on
Opinion of La Roche. -'
City Attorney Reiterates Rail
Purchase Impossible.
TESTIMONY IS QUOTED
COURT 1 CASES REVIEWED
Attorney Shown to Hjkvc Failed to
Brlnjr Up Ownership Constitu
tionality at Hearings.
Opinion Held to Be Borne Out b"J
Parallel Tltat Council Can Sot
Bay Street Trackage.
8
DWNEH
HIP DECISION
t
' ' ' t F
ml . J1 ;
SALEM. Or., March 31. (Special.),
If the 'city officials of Portland do
not desire to or cannot legally follow
the recommendations of the Oregon
public service commission of furnish
ing relief to the car riders througrh
the purchase of the rails of the Port
land Hallway, Light & Power com
pany and granting; of other conces
sions, than it is not only the privilege
but the duty of. these officials to pro
vide another solution to the problem,
according to declaration of- Fred O.
Buchtel. chairman -of the commission.
In connection with a" statement issued
n the lesral opinion prepared "by W.
P. LaRoche, city attorney of Portland,
and published in The Oraronian.
The statement commenting- on the
legal opinion of Mr. LaHoche was
signed by both Mr. Buchtel and Fred
Williams, who sponsored the original
order in the car fare case handed
iowu by the commission last week.
Council Action Presaged.
The commission has not yet had
the benefit of a. copy of Mr, La Roche's
opinion on the city ownership of
rails," says the statement issued by
the commissioners, "nor do we know
on what cases he relies to support his
contention. However, we were fully
advised of the constitutional provision
referred to In the press reports, and
had, preceding1 the issuance of our
opinion, given the matter considerable
thought.
"Commissioner Williams, an attor
ney and a resident of Qrants Pass,
had experienced a similar contention
there and was familiar with the legal
phases of the question, wherein the
supreme court upheld the city of
Cirants Pass under conditions analo
gous to those prevailing In this case.
"It is probably fair to assume that
the opinio of the city attorney of
Portland, recently rendered, presages
the action of the councilmanio com
mittee, appointed by Mayor Baker, in
the course It will ultimately follow.
Statements Arc Quoted,
"Primarily the Newell tri-party
plan, heretofore very fully presented,
may also be in contravention of tha
constitution, if the city attorney is
right; although during these previous
discussions and investigations the
point was never raised.
"This same constitutional question,
it appears, might also have been per.
tinent to the recent St. Johns ter
minal extension case, wherein it was
stipulated by the city, through Attor
ney JLaRoche, that the city of Port
land, through Its dock commission,
would, if necessary, construct the
track and negotiate an operating
agreement. . Curing the hearing of
this case Mr. LaRoche. for the city,
made statements from which we
quote:
Mr. La Roc ha Now, if there is any pos
iblo wy that we can help la this so
lution by constructing the lfcs with our
money aa have the money and we cie
spend it with some provision lor its re
urn at "onto future date.
Chairman Buchtel Undsr that h.hi
of course, would pry
as I am assuming, anc
viae tne serv
under that thought, you Intend or express
a willingness to advance the money to
permit the construction of the roadway
end roadbed and physical end of it?
Mr. LKocne Te, sir.
"The constitutional question re
piained dormant.
Purchase Is Discussed.
"In the final hearings on the Port
land Railway, Light & Power com
pany's application the purchase of
the rails ty the city was extensively
discussed, and although the city was
very ably rep-resented by the city
attorney's office, no ' constitutional
question was injected. In fact the
oity's oply witness testified rather
fully on the, subject and stated that
the ownership of rails was the rem
edy 'more simply and easily ai
iviied.'" , f
A portion of his testimony follows:
Chairman Buchtel If the pity of Port
land was the owner of the car tracks, in
any working out of a general scheme such
as this, would it ba advantageous pr other
wise, or would you care to sav 7
Mr. Newell That is a matter I havs
oeen; cogitating on somewhat myself.
tisve Bftvcr discussed it with the ciiv of-
tieiaia to know what they would think of
K su, wui it appears to rap that really
the proper solution of the city transporta
tion qiHura is to do lonna'in the own
rsnu oy tne city of the tracks. Just as
oww m vavementa. I don t see any
raaon why tha city should not . .n
furnish the tracks for street car riders to
saove. on as to famish tha pavement for
automooUe riders to move on. It would
ednee the expense considerably and en
ahla yow ta glw a cheaper fare and it
would throw a part of the burden of cost
ai tha general public of the city, which is
rreattr 1f'tf "T the transportation
syatam aad which in fact must haws It in
rder t -do business effectually. A good
system of street car transportation or
eransportatlon of soma kind la Just as
"7! to Mel'r frank as it is to any
t ?.J!m,'ly, ,trough th. members
I the arm never ride on the cars at all.
wsa.rsh.lp Is Advocated.
Chairman Buchtel Do you know of any
Iwtter method than through ownership of
tracksr
Mr. Newell I don't see anything that Is
simpler and more easily applied than that.
There Is now a Joint maintenance of the
trett as J. whole by the streetcar com
pany end by the" city. They have to work
Ji'L5.;. I1 UM' e 3st as simple
tor tne City to maintain the entire tracks
and pavement and' all as the present ar
rangement. An the -benefit, as I say,
o the city frm a good transportation
system are very great.
"Certainly we cannot assume that
there is any desire on the part of the
eouncllmanic committee to evade a
responsibility, but "in view of the
many times in the past months, both
at hearings and at conferences, mat
ters have been discussed wherein At
torney LaRoche's recent point was
lumiieq. .mo eieventn-nour opinion
came as a distinct surprise. '
i ho Tribute Contemplated.
' . "However, our recommendations
Contemplate neither tribute nor sub
tidy to the company, nor the ad
vancing of moneys for its benefit
but wa advocated a plan designed to
relieve the car rider and distribute
the burdeq equitably- among, all who
share the benefits, thus assuring a
maximum service at a minimum fare.
. "Nevertheless, if the councilmanio
committee appointed' by the mayor
desires to support the testimony of
their witness in the recent case and
recommend that additional revenues
be proeured by increasing fares; time
and energy will be saved to all, by
Crankly saying so.
"On the other hand, inasmuch as
the opinion In effect technically dls,
credits the commission's recommend
ations, wp know of no reasons to pre?
vent the city's commute from ad vane,
ing such solution ef the problem as
they must have In mind and present
Ins it to the electorate in lieu of
Itobr-rt Hirro, wk nun will I,IIIIa
predqetion, "Th Greatest Uurati
the Liberty theater antil Friday
TQDAyS FII-M FBATIRES.
Columbian-William Russell,
"The Valley of Tomorrow."
B i v o 1 i Lieutenant Locklear,
The Great Air Robbery."
MajeBtic Pauline Frederick,
"The Peace of Roaring
River."
Peoples OEJsip Ferguson. "His
House in Order.''
Liberty D. W. Griffith's 'The
Greatest Question."
Star Thomas Meighan and
Gloria Swahson, "Male and
Female."
Circle Olive Thomas, "Up
Stairs and Down."
Globe Marguerita Fisher, "Put
U Your Hands."
I
N these days when the ouija board
and Sir Oliver Lodge are ee fre
quently appearing on the first
page of the newspapers, the latest
Ek. W. Griffith production entitled
"Tbe Greatest Question," now show.
ing at the Liberty theater, is most
opportune.
An invisible, intangible power
which hovers over children in dan
ger, over worrying, loving mothers
and over calloused criminals alike is
the theme of "The Greatest Question."
Incidentally Griffith does not try to
answer the question his picture asks.
He merely connects by a most griper
ping, enthralling story a series of In.
cidents and then leaves his audience
to form its own conclusions. No one
can see the picture without a hundred-
and one unanswerable questions
crowding his brain. He combines witb
his ever present artistic power
stimulus guaranteed to make busy,
weary Americans think and wonder
on other things than the price of
shoes, the power' of new automobile
models and -the passing revue.
There are two distinct threads run
ning through "The Greatest Ques
tion." One concerns a mother whose
thoughts continually follow hjer old
er son in the navy. At the time of his
greatest danger her mind is pecu
liarly sensitive to his absence and the
terrors of war. Immediately follow
ing his death ehe is strangely com
forted. Was the vision which came
to her real 'or the result of over
wrought nerves? Griffith does not
say. . The second thread weaves the
romance of "Little Miss Yes'm," who
ours at the May election, and with
their indorsement.
"Finally, may we direct their at
tention to a'paragrapn in the report
of their witness which was offered in
evidence to the commission in the re
cent case, and which perhaps in their
investigations they may have over
looked? "Additional suggestions will doubt
less be made, but none of these meas
ures for the reduction of the cost of
service or for a more equitable jdU
tribution of the burden of paying for
it ran be put into operation by the
company in the face of serious pub
lic opposition. The approval and co
operation of the representatives ot
the Pity must first b secured, and
it must be made plain to the public
that any changes proposed are to be
made, not for the profit of the com
pany, but lor tne Deneiit or it
patrons."
TWO GIRLS ARE MISSING
Women's protective Bureau sked
to Aid in Search.
The women's protective bureau was
asked yesterday to locate Evelyn May
"Wilson and Grace Owen, two 14-year
old girls who have been missing from
their homes in Gladstone, Or., sines
Tuesday noon.
Evelyn May Wilson is described as
14. but it is said she would pass as 16.
She is the daughter of Mrs. ii. 3. Wil
son of Gladstone. She has brown
eyes, blonde hair, puffed over the
ears, and rosy cheeks, she were a
plaid red skirt, a man's silk shirt, a
long green coat, a green tam wun an
orange pompon and brown shoes.
Grace Owen is the daughter of Mrs.
C. B. Owen of Gladstone. She is
small for her age and would pass for
a girl of 12. She has a round face,
gray eyes, brown hair and freckles.
She was wearing a green wool middy,
a red serge skirt, a short black plush
coat and brown shoes.
France Floats Loan in Canada.
PARIS, March 31. The municipal
Girls! Girls!!
Clear Your Skin
With Cutlcura
Banei (Baas. Oftmnt taaal a Csatewa
a tit tm tup Juitrat D. rtr.f It
m," wUe wUI contlsse to shear mt
midnights
Is daily subject to forces of vil, but
whose sweet wfaolos omen ess is saved
by Borne intangible ever-prBcnt force.
Screen Gossip. i
New Easter costumes for the ushers
of the .Columbia theater have toe en
completed -by Meier &. Frank and will
be donned -Sunday morning. No hint
as to their style or .design has ibeen
given out by tManager Raleigh, ibut ,ae
his conservative taste in the matter
of bourse attaches -is known, the cos
tumes will probably not he -overly
conspicuous, despite their smartness
and general attractiveness.
a
'Work on Eric von Stroheim's
newest production, "The Devil's Pass
Key," is Hearing completion, accord
ing to C. W. JbLoerner, branch man
ager for the universal exchange. Von
Stroheim will not protray any oX the
characters in this play as he did in
his other large feature, "Blind Hus
bands," which recently showed in
Portland. Its story centers about
fashionable Parisian lile.
C. S. Jensen is expected back in
Portland today. He has been in con
sultation with his partner, J. G. Von
Herberg, in Seattle. J. J. Parker,
Portland partner with Jensen & Von
Herberg, has been out of the 'City and
is also expected back today.
a
Bert Koacb, one of the principals
in Mack Sennett's newly released
five-part super-production, "Down on
the Farm," says that' his favorite
pastime is coifing. How true this is
may be judged from the fact that
his devotion to the game gets -him -up
and out at 5:e.o A. M. He recommends
the game particularly to players of
film and etage -who are threatened
with a development of temperament.
Nothing, he says, is such a tonic for
the nerves and so restful to an over
taxed systerri' as golf.
a a a
Charlie Murray, veteran -comedian
and .one of the best-known stage
and screen artists -before the public,
will continue his services with the
Mack Sennett comedies. A oontract
to that effect has just been signed
by Mack Sennett and his Celtic star.
.This iputa to rest the rumors of
the past few -months which asserted
Murray's early departure from the
Sennett forces And his appearance in
the near -future at the head of his
own organization in "a series of rough
and tumble farces."
council today voted to float a loan
of $20,000,000 in Canada, repayable
in ten years. The proceeds will be
used to purchase merchandise in
Canada.
STREET CAR VlCTiM LOW
Miss Hostad's Condition Serious,
li.it Taaam " T . a.
Mi6 Florence Rob tad. l-v-r--ilH
student of the Franklin high school.
who was injured when she fell be
neath the trucks of a Mq,unt Scott
8 treat car which she was trying to
catch at Twenty-ninth avenue and
Fiftieth street Southeast Tuesday aft
ernoon, was reported to be in a seri
ous condition at the St. Vincents' hos
pital yesterday.
The girl suffered amDutation t the
left leg below the knee and her left
nsncc was so baeny mangled that It
was found necessary to remove It at
the hospital. She also received a bad
cut on the head.
She was said to be still suffering
from the shock of the accident.
Physicians, however, expressed the
hope that she would recover.
Read The Oregonlan classified da
I Is
tjMulMa
erlra MploA4 at eliemlaa, gre&t
q.aavatltl of wool lumber, print P
per, floor, aaaMnsry, garments and
canned goods from Oregon,
3for Oregon products are o good their
Came extend to the far-away Orients
Asioolated Zadostrlee of Oregon
City Attorney La&oche Is firm in
his opinion that it is unconstitutional
for the city of Portland to acquire
the trackage of the Portland Railway,
Licht & Power company with the in
tention of leasing the tracks for the
use of the -company at at nominal fig
ure. In a statement issued yesterday
Mr. LaRoche reviews supreme court
cases in Oregon dealing with similar
subjects, but which, he contends, bear ,
out his opinion given to the city coun
cil Tuesday.
"The opinion given to "the commit
tee of the eouncil in the matter of
the je-oquisibion and maintenance ef
the .street railway tracks by the city
covered the plan contemplated, that
is, the proposed plan et -out in the
opinion of the public service com- ;
mission in the matter of the applica
tion the Portland Railway, Light & ,
Power company for increase in fares
of .street (railway lines in the city of
Portland, issued under date of Marcs
23, 1920," reads the statement. j
"On paie 16 of this report the com- ;
mission uses the following language:
'The adoption of a frraduated rental to
apply at such time as the company earn
ing; increase to a sriven figure, would act
as a "governor" and accruals to the city
-could be applied to the retirement of bonds.
or such, other purposes as weuld best serve
the public.
Grants Pass Case Cited.
"The rental mentioned In the para
graph quoted was a rental to be paid
by the -railway oompany to the city
for the use of the tracks after they
had -been acquired by the city. It will
be observed that until "the "company
earnings increase to a given figure
no rentals are provided. During such
time the railway company would be
using the property of the city with
out compensation. These facts are dis
simlla rto the fact sin the case of
Churchill rg Grants Pass, in which
case the town of Grants Pass proposed
to construct 10 miles of railway witb
money .secured through the sale ot
its bonds and upon the completion of
construction agreed with one J. F.
Ready to eeli or lease this road to
him. In the Grants Pass case the
supreme court pointed out the fol
lowing facts:
The proposed road has ne capital stock,
a.nd .therefore the .city eannot he and doea
not prepose to beco ne a stockholder. It is
not being constructed by any private cor
poration, company or association, and
therefore the -city cannot and does not
propose to aid any such errnieation or
loan Its -credit ten It. The proposition is to
build and own a road for the benefit ef
its citizens. That it may when built lease
or sell It doea not sltf the faet that nri-roa-rlly
it is a public improvement for a
public purpose. The objection la . not ten
able. "In this matter, however, the Port
land Railway, Light & Power com
pany constructed, owns and is now
tis-inar the tracks. The car company
is admittedly In bad financial condi
tion and the commission is trying to
point out a means of 'giving this
private ompany financial relief. It
is the suggestion of the commission,
as proponed in its finding, that the
city buy at its own expense valuable
equipment from the company and
then permit the company to have the
free use of this equipment until such
time as its income is sufficient to
pay a rental.
City's Credit Ised.
"Under these circumstances the
railway company would be using the
credit of the city In the operation
of its railway at least until a time
when its earnings through the use
ef this property has reached such a
volume as would enable it to pay
out of the earnings a fair equivalent
for the city's property so used. If
this statement of fact is true it must
necessarily follow that the constitu
tional prevision inhibiting this use of
the city's credit weuld be violated.
"In the eavse of Bunter vs. Rose
burg, decided by our supreme court
fame. 191. the court declared an
agreement made between the city of
Roseburg and the Roeeburg & Eastern
Railroad company and the Kendall
Lumber cui poi ation for the operation
of a railroad to be built by the city
of Roseburg was in violation of the
state constitution and in that case
the court said: In determining a
question under the constitution the
scope and effect of an act or contract
are proper for consideration. The
view of the court is never limited to
the mere letter."
15 PRESIDENTS NAMED
County Officers to B-trect Work tor
Salvation Army Week.
Fifteen county presidents to direct
the rescue week phase of the Salva
tion Army home service programme
14
-
Won ite favor
through its flavor
for 1S20 in their counties have been
chosen and are now busy perfecting
county organizations. The presidents.
who will act under the direction of
John L. Etheridge of Portland, are:
Baker county, T. O. Montgomery,
paker; Coos county (North Bend dis
trict), F. W. Wood, North Bend; Coos
county (Coquille district), JMed C
fe.euy, UQquuie; uooa county ijnarsn
field district), Charles Hall, Marsh
field: Grantc ounty. H. L. Kuhl, Can.
yon City; Harney county, E. H. Qon
ser. Burns-; Hood River county. Dr. F.
C. Brocius, Hood River: Josephine
county, Kupene Coburn, Oranta Pass;
Ask your dealer
J ALLEN'S
Rest and Comfort
. The antiseptic, healing powder to shake .
into your shoes and sprinkle in the foot-bath
llris standard remedy pves quick relief to Achinff,
Swollen. Perspiring or Frosted feet, Blisters, Callouses,
Chilblain?, Bunions and Sore Spots.
At night, sprinkle one or two Allen's Foot a Ease pow
ders in the foot-bath, and soak and rub the feet. In the
morning shake some Allen's Foots Ease in each shoe and
walk all day in restful ease and comfort.
Nothing relieves the pain of tight or new shoes so
quickly. Saves the friction upon nervous, painful feet,
Freshens and
Drug mntt
Dept. Slortt
fM it.
this
Lane county, Fred E. Emith, fugene;
Lincojn county. Judge R. R. Miller,
Toledo; Linn county, J. M. Hawkins
Albany; Pblk county, R- L. Chapman,
Dallas: Sherman county, W. H. Rags
dae, Moro; Wasco cbunty, Mrs. Lulu
D. Crandall. The Dalles, and YamhlU
county (McMinnville district). J. L
Knight, McMinnYille.
Mission Conference at La Grande,
BAKER, Or.. March 31. (Special.)
Mrs. William Westweod, Mrs. James
Stevenson and Miss Florence Graham
will represent Raker at the annual
for a package of
FOOTEASE
1
and shoes ana stocking last much longer.
Used by American, British and French
troops. Over one million five hundred
thousand lbs. of Powder for the Feet, sup
plied to pur troops by the Government. It
gives new vigor.
.J
j 1 TTTN O"
o turn 'Jr
TONT guess. Select Kellogg' s Toasted Corn
r Flakes. Your grocer is glad to supply you,
for he knows they are guaranteed to please,
and he knows every package he sells means a
customer who is satisfied with his service.
e
Rich with the famous Kellogg flavor that
enhances the natural sweetness stored in fine,
white corn, these most popular corn flakes
hold the full energy-making elements of the
ripe kernel.
Packed hot from the great ovens, in our
"waxtite" packages, they are guaranteed by
signature -
Every grocer everywhere
sells Kellogg's every day.
conference of the Presbyterian Mis
sionary society to be held in
Grande this week.
Summer Camp Site Changed.
UNIVERSITY OF WASHINGTON.
Seattle, March 31. (Special.) Camp
orft envy beautiful
lustrous, hair
WiUrtK Liquid hm!SO
"WdAroat Shampoo Coic
Wildro Htr Tome
If the Wiltlrooc prcv
iucxs do not kelp your
Iwir more than an? other
swailar product, we will
pay your money back.
AsV your drueaiat, barber
or hair drew t.
could not guarantee)
uiaractioa or aooay
back ii we did not uae
alcohol im Wildrooc. aa
aicohol add an indi
pensable antiseptic qua!
ny to the wonderful ton ic
value of Wildrooc Uacii.
THE GUARANTEED HAIR TONIC
- Jt
Kearney, California, will be the site
of the summer camp of the infantry
reserve officers' training- corps of the
western department, according; to in
formation received Dy Colonel Charles
L. Phillips, University of Washington
commandant. The camp was formerly
at the Presidio, San Francisco.
La
WILDROOT is a preparation that digs
right down and cleans out dandruff. We
guarantee that WILDROOT will keep your
scalp free from dandruff or your money
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week Hhen notice the difference.
If your hair is thin and stringy and dead, try
this new treatment : Moisten a cloth with
WIX-DROOT and wipe your hair, one
strand at a time from the roots clear to the
ends. See how this brings out all the nat
ural beauty of the hair how soft, fluffy
and lustrous it becomes. If you don't get
results, you get your money back.
WILDROOT CO., Ino, buffalo, n.y.
Vf Id root Liquid Shampoo or Wild root Shampoo Soap,
when used in coapclxa with. 'Wildrooc Hair Tocuc will Virrrn
che 1 1 1 i ii im 1 1