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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Feb. 13, 1910)
12 THE SUNDAY OREGOXIAX, PORTLAND, FEBRUARY 13, 1910. COURT-WILL HEAR RATE CASE MONDAY Railroad Commission Act si Question in Litigation Long Pending. OLD TARIFF NOW GOVERNS Demurrer to Amended Complaint Is Issue Xotv to Be Heard Ship pers Urged to Preserve All Receipts Carefully. Ttie distributive rate case. Instituted y the Portland Chamber of Commerce in July, 1907. before the Railroad Com mission of Oregon and carried to the Federal Courts by the Oregon Railroad & Navigation Company, will come on for further proceedings before Judge Wolverton Monday. The complaint of the Chamber of Commerce attacked the distributive rates in effect on the O. R. & N. from Portland points east of The Dalles, and the contention was made that the rates were from 15 to 35 per cent In excess of what would be reasonable rates. The Commission, in April, 1908, issued an order in the case reducing materially all class rates then in effect to points east of The Dalles. On May 11, 1908, the Oregon Railroad & Navigation Company tiled a bill in equity in the United States Circuit Court against the several members of the Commission, praying for a preliminary injunction, and for a permanent injunction after hearing, restraining the Commission from putting Into effect its rate-reduction order. Commission Act Questioned. In the bill of equity the Railroad Commission act was attacked gener ally. It was contended that because the act attempted to confeA executive legislative and Judicial powers upon the members of the Commission In had violated the State Constitution; that the act was unconstitutional because of the excessive penalties provided for Its violation: that no adequate remedy for a review of the orders of the Commission was provided and that the complainant might be deprived of its property without due process of law; that the order made by the Com mission regulated interstate commerce, and that the rates attempted to be es tablished were unreasonably low. A general demurrer was interposed by the Commission, which was sus tained by Judge Wolverton in an opinion filed September 28. 1909. The constitutionality of the act was upheld in this opinion and the other conten tions overruled. The restraining order directed against the Commission, however, was continued in force for a period of 20 days pending the filing of an amended bill of complaint and the amendment to the bill was filed within the required time by the railroad company, thus maintaining the life of the Injunction. A demurrer to the amended bill of complaint is the basis for the hearing in the Kederal Court tomorrow. Old Rates In Effect. In the meantime the court denied a motion to dissolve the restraining order and the old rates are in effect, while the railroad company has given bond to secure the repayment of any excess sums collected during the pend ency of the restraining order in the event it was finally dissolved. The record of the proceedings thus shows that the case, though Instituted more than two and a half years ago, is still pending and the issue is not yet settled. A final determination of the prooeding in favor of the Railroad Commission would mean that the re duced rates would apply back to allshlp ments In the classes affected delivered to the railway company since May 12, 1908, On which date the Commission made the order effective. In such event It is not likely that the railroad com pany would ever be called upon to refund more than a portion of the charges In excess of the new rates. Although the total amount would be large, the particular items, as a rule, would be small, and In many cases proper evidence to establish them lyt3 not been preserved. In Its last annual report the Rail road Commission urges shippers and consignees to preserve with care all reeclpted bills or other evidence of shipments that have taken class rates east of The Dalles until termination of the litigation. VOINT YIELDED BROWNSVILLE Change Made In Schedule Till East Side Link Completed. As a concession to the wishes of the people of Brownsville the Southern Pa cific will make a change in schedule next "Wednesday on the Albany-Spring-Held branch. The train that now leaves Albany at 8:10 P. M. will depart at 2:25 P. M for Brownsville. This will be the only material change, except that the running time will be reduced about 15 minutes between the two points. Within a few months It is expected that the Kast Side division of the South ern Pacific, which has not been operated as a continuous line since the bridge over the Santiiun between Spicer and Balm was carried away in November, 1906. will again be in operation, and this will bring about a now train schedule affecting Brownsville. The Southern Pacific is now building 7.9 miles of railroad which will close up the gap in the division. MIDWINTER TRIP PLANNED Seattle Excursionists to Be Enter tained ill Portland on Way South. The Oregon & Washington Railroad is organizing a Puget Sound midwinter excursion to Southern California. The Itinerary provides for leaving Seattle at 10 A. M. on March 19, and arriving in Portland at 5 P. M. The special train is to remain in this city until 9:30 P. M. and the excursionists will be re ceived by a special committee from the Portland Commercial Club and a din ner and reception will be given at the clubrooma at 6 P. M. Southern Oregon will be traversed by daylight and short stops will be made at Grants Pass. Medford and Ashland. Special representatives of the company will conduct the train and excursion party. First Cavalry Will Pass Through. A speoial train of 15 cars, carrying the First Vnlted States Cavalry and equipment, which recently returned from the Philippines, will pass through Portland Monday night en route from .San Francisco to Walla Walla." The : train will consist of one standard sleep- er, seven tourist sleepers, one bagrgage and six boxcars. CONSISTENCY IN PIANO SELLING gTTTo every purchaser of a piano at any Allen store, Sjf whether it be in San Francisco, Los Angeles, Reno, Nev., San Diego, Portland, Or., Santa Rasa, or at any of our many branches or agencies, is accorded the same courteous treatment, the same square deal, and the highest possible value at the price paid. There are no haphazard methods, no misunderstandings, and no misrepresentations are made by .any manager or salesman in our gigantic organization. Every customer is fairly, squarely dealt with, .every piano truthfully represented, and sold for just what it is, and with a positive guarantee as to its quality and its permanent value. 0 Buying a piano at our House is a safe and sane invest ment, because there can be no question as to quality, no -misgivings as to price, no doubt as to the durability of the piano,- or the character and integrity of the House of which it is purchased. "Whether it is an instrument at $200 or one of the highest-priced on our floors, it is hon estly represented and its value unquestioned. QLike our stock of high-priced pianos and player-pianos, our line of medium and low-priced instruments is the most extensive and best selected in the West. Terms on our payment plan are as low as could be desired. Care ful and thorough investigation should be made by you as a buyer. You owe it to yourself to protect your own interests. " t ii if ar m tip- i m 304 Oak St, Between Fifth and Sixth. Other stores San Francisco, Loa Anstlm, Sacramento, San Jose, Stock ton, Santa Rosa and San Dieso, Cal.; Reno, Nev.; Phoenix, Arlx. ITTrflf riff irf-i' firm HI! m, m'' YJ.UJ CANYON Deschutes Branch Now Per manent Institution. RAIL WORKMEN PLEASED Association Representatives to Re main in Field Until Construc tion Is Completed Porter Bros. Give $100 to Aid. Work of the Young Men's Christian Association, among the railroad labor ers In the Deschutes Canyon has been put on a permanent basis and it is now certain that it will be continued until the lines of the Deschutes Railroad Company and the Oregon Trunk are completed. Already it is reported that the Y. M. C. A. representatives are ac complishing much good and that they are well received by the laborers along the long stretch of construction activ ity. Several months ago the Portland Y. M. C. A. sent to the Deschutes John Decker, who made a preliminary ex amination of conditions. He distrib uted magazines and found the men anxious for some one to conduct re ligious meetings. A short time later W. H. Day, railroad field secretary of the Y. M. C. A., visited the Deschutes and spoke in the various construction camps. On his visit he says in the current number of Association. Men: Although strenuous efforts have been made to keep the saloon." with all its blighting influences, from touching these men. 1 found that two were already in oper ation and others were being built. In addi tion to this an amount of "bootlegging" is being done, with the -refeult that 1 met drunken men as usual. Here is one of the most attractive fields of which I know; the number of men will be greatly increased in the Spring, when all the camps can be reached on horseback. Contractors Welcome Y. M. C. A. Since Mr. Day's visit M. C. Long, of Chicago, has been stationed In the Deschutes as regular secretary of the Y. M. C. A. work. The expenses of the work are paid by the contractors, who realize that, besides the good results to the men themselves, they are made better workmen by being kept sober and not worse than wasting their time when off duty. Porter Brothers have subscribed J100 to this work and other contractors are' contributing to its support. Mr. Decker is at present at Grass Valley, where there is an important camp, while Mr. Long travels horse back up and down the canyon, holding meetings, distributing magazines and urging the men to lead clean lives. Mr. Long has a phonograph that is used to entertain the workmen and which is much appreciated, the camps being isolated from every other form of entertainment. The chief need In the work now Is more reading matter. Large supplies of magazines have already been for warded from Portland, but a great many more can be used. The Port land Y. M. C. A. would be glad for all who have new or old magazines that they are willing to donate to leave them at the Y. M. C. A. building. If it is Inconvenient to take them there, the Y. M. C. A. will call for them if notified. The Y. M. C. A. Is now projecting similar work In other railroad con struction camps In Oregon, but none of the plans has yet been definitely adopted. It is also proposed to sta tion Y. M. C. A. secretaries in some of the large Oregon logging camps. If this Is done, it will be the first time that the Y. M. C. A. has ever entered this field. Association officers, how ever, believe that the logging camps offer opportunity for much useful work. Great values this week in Rummage Sale. Special extra reductions in broken Parlor Suits and odd pieces. Lace Curtains, one and two pairs of a kind, at cost. Carpet Remnants for Rugs, 60 to $1.25 ' ' " ' ' SPECIAL JAP and CHINA MATTINGS V 40-YARD ROLL $12.00 .Value $S.75 $10.00 Value ..... 7.95 $ 8.00 Value $0.40 6 Chairs -1 Table 20-YARD 14 ROLL 6.00 Value $4.50 $5.00 Value $4.25 4.00-Value . $3.35 WMmz $23.70 CHAIRS Six solid oak golden fin ish Chairs, Chase leather box seats, like illustrar tion, worth $2.75 each. TABLE Solid oak, claw-foot, ex tension length 6 ft. when open; 42 in. diameter when closed, golden fin ish, a bargain at $15.00 Six Chairs and Table, all for 1,. $23.70 This Machine Will Do Your Washing Put in hot water, soan and soiled clothes; attach to faucet and the water power runs it. A tubful - is rlnnft in 10 minntps. Snrins-lfiss. cearless motor. guaranteed three years. Price. . $25.00 $6 Rockers. Special, $3.95 Golden polished, shaped seat Rock ers, made of quartered oak. .$3.95 EASY PAYMENTS Your credit is good, rich or poor, it makes no difference to us. The Gold Medal Range Monarch Malleable, awarded the prize at Seattle A-Y-P and Port land Lewis and Clark Fairs. That shows its merits are not all ad vertising talk. Prizes were award ed by a jury of stove experts, who ought to know. A range is used three times a day and every day in the year. The Monarch is worth what it costs. Many other ranges cost more than they are worth. See for yourself the difference. Price, , $57.00 to $225.00 11!$ty Sa.ttsfactory7tan &f QQD FIUiOB ' TO TmWDir CONFERENCE TAKES REST SeventhDay Adventists Will Resume Business Today. Yesterday being Sabbath for the Seventh-Day Adventists, the delegates to the North Pacific Union Conference, in session in the First Church, East Everett and East Eleventh streets, spent the day in religious services in different portions of the city. Elder I. H. Evans, who is on his way to take charge of the work of the church in the Orient, preached in the morning: in the First Church, and services were conducted by members of the union conference in Montavilla, St. John and the Mount Tabor Sanitarium. Regular business of the conference will be resumed this morning at 10:30 o'clock. The committee on plans will submit a partial report today and probably there will be a report on ed ucation, which is considered one of the most important questions before the conference. The Adventists make it a point to establish private schools in which the children of the members H " ' "' - ' ""Tiv'i J H mil I J iltlUkimilOll IHiiwiji I I . f i I I TAKE til 3 n .Mm iKaA I Aii Alonta iUa cars rnn through Laarelhufst. Only 15 minutes' ride. Take cax on Washington street,, between Fifth, and First. Salesmen on the ground. Office, 522 Oorbett Building. ' - are taught the doctrine of the church. Walla Walla College Is the institution for higher education for those who ..a nmnl.tAil thA cnnrsp In the lower and Intermediate schools of the church. riiTlnflr thin week measures will be taken to combat Sunday legislation in the Northwest conferences. The ses sions of the conference will continue through the week and next Sunday. Publicity Work to Be Aided. ETUGEXNB, Or.. Feb. It Special.) Hugo Victor and R. P. Sellers, travel ing passenger agents, respectively, of the Santa Fe and the Rock Island roads, were in Eugene today, and during a conference with the manager of the Commercial Club arranged to co-operate with the club in the matter of dis tribution of the club's advertising mat ter throughout their respective terri tories. Both these roads are making a specialty of colonization work, and are in a position to aid materially in the matter of attracting homeseekers in Eugene and the Willamette Valley. Stewart Farm Sold for $20,000. CHBHALIS, Wash., Feb. IS. (Spe cial.) The A. L. Stewart farm, com prising 316 acres, near Curtis, 10 miles southwest of Chehalis, has been sold to Sam Senn for 20.000. Mr. Senn has been engaged for several years in farming on the north forkof the Ke 1 .. -A r -s J- 1 r ROSE DI SHES THAT W'l'JL PRODITE A PROFUSION OF BLOOMS THIS SUMMER IF IOC PLANT THEM THIS MONTH. Our stock is large, strong, healthy and true to name. Let us book your order now, to be delivered as soon as weather con ditions are right. Don't wait until the Spring Rush starts. Buy now. Fruit, Shade or Ornamental Trees and Shrubs, Evergreens Paeonles, English, Spanish, German and Japanese IrU, Lilies, etc. This is the month to plant. Call at our City Tree Yard. Cor. Second and Main streets, and wgjl show you a large and complete assortment of THE BEST STOCKS IN THE WEST d more ursery. Look over our Sweet Pea list we offer you a collection of 16 Sew Giant Specimens, value $2.05, special, $1.50. For SEEDS of "Highest Quality," PALMS, PLANTS. CANARY BIRDS, Sprays, or Spray Pumps. Pruning Shears, Garden Tools, etc; call at our store. We have a complete stock. . Our 80 Page Descriptive Catalogue Free Routledge Seed&Floral Co. 169 Second Street - Bet. Morrison and Yamhill Phone A 3811s Main E958. PERFECT TEETH h are kept in that condition only when given the attention from time to time of a skilled, consci entious dentist. We give you the highest grade of skill at the most reasonable prices possible. READ OUR PRICES Gold and Porcelain Crown... $5 Gold Tillings $1.00 and np Silver Tillings 50 and tip Cement rulings 50 Enamel FUlingsl Sgl.OO Porcelain Fillings $1 and up Full Set of Good Teeth on rubber $5.00 Best Set of Teeth on rub ber S8.00 Best Set of CeUuloid $7.50 DB B. E.. WRIGHT. 9 m&mWO JL PAINLESS DENTISTS Associated with M. S. Bennett and F. A. Blackmore Y R. O. MacFarland 342 WASHINGTON ST., COR. SEVENTH OFFICE HOURS 8 A. M. to S P. M. SUNDAYS 0 A. M. to 12 31. Phones A and Main 2119. Fourteen Tears In Portland. '''' "r"if Consistency I a vital consideration when deciding the ques tion of lighting fixtures. The bungalow-builder need not necessarily get ugly fixtures in his effort to get simple designs. J. C. English Company Tiffany's Agent 1 28 Parle Street .