THE MORSZSG OREGONIAX, SATURDAY. MAItCII 4, 1923
AGTION TO PREVENT
BUIK DOUBTED
Decision in Laurelhurst In
junction Due Today.
Lane
SYMPATHY IS EXPRESSED
Dedication of Land as Iublic Park
Lacking, Asserts Circuit
Judge Pliclps.
A 1 ! o
. Though expressing personal sym
pathy for the plaintiffs, who seek, by
Injunction to prevent the erection of
ft combined grocery, drug store and
meat market in the "circle" East
Thirtyninth and Glisan streets, Lau-
relhurst. Circuit Judge Phelps of
Pendleton, sitting in Portland, de
clared yesterday afternoon that he
doubted greatly that he could, as a
court, grant them the relief prayed.
Final decision in the matter, how
ever, was reserved until this morning
Judge Phelps asserted that there
Were two questions presented -to the
case "before him, the first whether or
not there had -been a dedication of the
plot of land as a public park, as
claimed by the petitioners, James L.
Conley, W. L. Page, H. H. Ward, and
pthera.
"Park" Not Mentioned
Tf the literature issued by the
Laurelhurst company referred to the
land by the word "park"' at any time
instead of designating it as the "Lau
relhurst office, then the court would
estop the defendants from denying
that the land was intended for use as
a park," declared Judge Phelps. "But
this was not the case. The acts of the
officers of the company also contra
dict to a large extent the contention
of the handful of plaintiffs concern
ing the plans for this circle of land.
"For all these years they have uti
lized this plot of land as a business
property, as the office for the Laurel
hurst company, and have exercised
private ownership over it. There has
been no showing that it ever has been
maintained as a park, though it is
conceded that the shrubbery was kept
up and the public was allowed to use
it 'in waiting for street "cars. I am
forced to the conclusion that there
was no dedication of the land as a
public park.
Court Expresses Sympathy.
"The other question brought up by
this suit is governed largely by the
contracts. There were epecific clauses
in contracts for land purchased in
Laurelhurst, northeast, which exempt
ed block 'A' from the restrictions as
td class of buildings erected. It is
the opinion of the court that when
purchasers received deeds reciting
that the restrictions did not apply to
a certain section it was sufficient no
tice to them that business structures
Blight be erected on that land. ,
"The only point which the court
sees which may .favor the petitioners
in this action devolves on the question
of whether the Laurelhurst company
by reason of advertising in a general
way that no business property would
be permitted in Laurelhurst for 25
years from 1910, has laid itself open
to the decision of this court that the
pledge would prevent it from selling
this particular property to be used
for business purposes.
"Yet the court doubts its authority
in going beyond the specific terms ot
the contracts and extending relief to
the plaintiffs, though assuring them
of personal sympathy with their position."
BOYS AFTER . MEMBERS
T..M. C. A. IjADS START CAM
PAIGN WITH DINNER.
City Is Mapped Out and Groups
Are Assigned to Work of Round
l lug Tp Prospects.
"More boys. "We'll get 'em."
This was the signal last night for
kick-off dinner and rally held by
the boys of the local Y. M. C. A. in
augurating a membership campaign
to cover all of Portland to sign more
youths for health and fun-producing
activities. The city was mapped out
and all plans completed for the drive
which begins with zest today.
As a prelude to the movement open
liouse was held in the boys' division
this week. Guests were taught to
swim and to play games. All facili
ties of the division were opened to
the newcomers, some of whom, were
accompanied by enthusiastic parents.
Organization for membership en
rollment is in two groups, "national"
and "Americans." J. C. Meehan, boys'
work executive, will act as the Judge
Lan-dis in the contest. The ranks of
both sides have been Increased since
the posting of numerous prizes, in
cluding season passes to coast league
baseball games in Portland, credit
on Spirit lake summer camp member
ship, Y. M. C. A. membership and
merchandise articles donated by Port
land merchants.
CO-EDS SELL MANY PIES
600 Slices Disposed of for Benefit
of Women's Funds.
OREGON AGRICULTURAL COL
LEGE, Corvallis, March 3. (Special.)
Six hundred pieces of pie were eaten
by college men when tempting wedges
of the Dastrv were sold bv smilinc
co-eds at 10 cents a cut the smile to j
0 with the pie.
Two booths were erected in front
of the gymnasium and when the stu
dents came out of convocation assem- j
bly a dazzling array of pies were ar
ranged on the counters. A "bargain
counter" rush was made on the booths I
and when the saleswomen had time to I
collect their wits, breath, and count
their money they found J60 in the
cash boxes.
This money was ah clear profit be
cause the pies were donated. Pro
ceeds went to finance : the trip of
women debaters to California, and to
build up a fund for relief of Chinese
students.
Baker Couple Wed In AVeiser.
BAKER, Or., March 3. (Special.)
The marriage of Miss Hailie Shep
pard and J.-.ck Olson, both of Baker,
which took place at "Weiser, Idaho,
in October of last year, was 'kept
secret until today when it was an
nounced to their friends here. Miss
Florence Bishop of Baker and Miss
Margaret O'Dair of Weiser were wit
nesses to the ceremony. Mrs. Olson
is a popular Baker girl and was
elected Baker's queen at the Labor
day celebration held last year in
La Grande. Mr. Olson is an employe
of the Baker White Pine Lumber
company.
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