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 .