TTTT" C1TVT4V OHEGOXIAX, TORTLAXD, FEBRUARY 4, 1912. x-m I - i SYSTEM OF COUNTY II GO CENSURED Grand Jury Says Officials Used Subterfuges When Under Investigation.. RIGID INQUIRY ADVISED Kinship of Commissioners and IX-p-uty District Attorney Noted. Courthouse Bids' Hern larlty Questioned. Criticism of the County Court la con tained In a final report of th January county grand Jury, made public yester day. The members of the Jury reported that they had found the method In vogue by the County Court to be not up to date and also Indefinite. The Jury returned an Indictment atfalnat Ernest Oetlnger. alleging murder In the sec ond degree for killing- Ed Mutch In a aloon at Flret and Annany atreeta JTheTury 'crlUcled the County Court. "Vh'ough our InTeatliration w found that the county Court doe not m ' be up to date In regard to lt method of doing bualnese for the county. V. hen the County Judge and COmmlaelonera were before us they were asked what had been paid to the architects tor the new Courthouse. They said they did not know and when told that tho amount was $50,000. they said: 'Have they been paid that ourhr In explanation to all questions asked them they were ready with an answer as soon as questions were asked, all of which were nicely worded, using some eubtortug which the rrand Jury could not understand. It seemed they were very anxious to explain all thing's in as short a time as possible. Sale rail Teenlasr." The only reference mad to the sale cf the Kenton g-rarel pit to a nephew of Mose Bloch for II010 and the sub sequent transfer of the property to Kobert Shaw, clerk of the County Court, ""-In regard to the aal of the gravel pit. which there has been so much kick about. It seems to us a very peculiar transaction." "We found a complete system of rec ords or accounts In the Auditor's of fice." says another paragraph of th report. "In regard to the contracts let for the new Courthouse we found one original contract, I14.47T. and extras. IS25J: another original contract. $37,687. and extras. $11.704. &I: another original contract. S111.S47. and extra. S1S.2S1. "Supplies purchased for Multnomah Farm. $7JJ.0." continue the report. "All was given to Ira F. Powers Furni ture Company. No bids were, called for and no one else was given a chance. Our Investigation showed on one Item of 250 Institution beds the county paid Is.s a bed. The same bed was offered to a member of this Jury for $S by the Ira F. Powers Furniture Company. A similar bed was offered to the county by H. Jennlng Son for $7.50. On an Item of brass binding of I02S feet, the county paid t cents a foot, amounting to $142. We can buy the same thing tor cent a foot, a saving of $40.76. a-LJMlt" Expense Reported. -In purchasing expensive carpet and window ghades there was no limit. In the short space of time w had to In vestigate we are unable to locate the reason for this state of affairs. "We understand that two County Commissioners have relatives la the District Attorney's office which Is th reason we asked and received assist ance from a special attorney la regard to a special Investigation. "There Is one trouble with this lystem of law with regard to the grand jury and Us duties. It Is a body composed of men as a rule who do not understand anything about their real duties and It takes a great deal of time before they get next to affairs and by the time they do their time Is up. We are. therefore, nnder the Im pression that the county officials doings should be Investigated a great deal more fully tban we have bad time to do. and we would suggest that the next grand Jury be Instructed to take It up and give It a thorough Investiga tion In all respects." Frank IX Heneasy. a Deputy District Attorney. Is a brotber-ln-law of Coun ty Commissioner Lightner, and Deputy District Attorney Dennlsloa Is a nephew of County Commissioner Hart. It was to these kinships that the grand Jury had reference In It report. Pet Assise sseat Paid, Mom Bloch, who purchased th Ken ton gravel pit through hi nephew and old It to Bob Shaw, yestsrday paid to County Treasurer Lewis $411.11 to reimburse th county for th money paid the city (or the Improvement of pat ton street. Bloch declares that he did not know this waa to bo paid whsn he purchased th pit. I have been around thl Court house now (or more than J year and I wish yon would publish (or m that I am ready to prove any raaa a liar who says he ever caught me la a crooked deal," said Block. "I was under no legal obligation to pay this money to th county, but I would rather do It than have any question about the transaction. That property la a big hole In the ground and I consider myself lucky that I was able to sell It to Mr. Khaw for $3150. By th tlm he get that hoi filled op and pay several assessments (or street Im provements, which are bound to com, he will not be a bis; winner on th deal." MRS. LEITER IS AT REST Funeral Serrtcea Largely Attended, Floral Tributes Many. Th funeral servloes (or the lata Mrs. Clara May Letter, wife or J. M. Letter, were held yesterday afternoon from the family residence. 74 Gltsan street, and were largely attended by relatives and friends. The services were simple In character, and were conducted by Rov. 4V. H. Hineon. pastor of th First Bap tist Church, of which Mrs. Letter was a member. Many beautiful floral tribute mere received. The pallbearers were J. 8. Bradley, Captain J. P. Shaw, C. 1L MacNeelan, Philip Buehner. J. Q. Daniels and C Henri Lab be. Interment was mad la Kivervlew Cemetery. PIANOS FOR RENT. New Pianos In fin mahogany, oak and walnut for rent at $4 per month. Cartage free; rent applied on th pur chase. XOJILER A CHASE. t'.i Washington U NOTED IRISH TENOR WILL SING IN PORTLAND AT HEUJO THEATER. " - wj "'-j JOHN MTORMACK. AH vnt In th Portland musical season will b th coming of the Irish tenor, John MeCorroack. who will be at th Helllfr February 1 under th auspices of Lois Steers-Wynn Coman. John McCormack rise has a flavor of romanoe. As a boy he appeared at th "Feis Cocll of Dublin, a tournament -Of song, and thsre he created such enthusiasm among the musicians who were the Judges, that he won a Fele schol larshlp. enabling htm to travel la Italy for study. Upon his r-turn to London, he obtained an engagement at Covent Garden. McCortnacK became th sensation of th hour. H ghared honorg with Mlba in th leading tenor role of "La Boheme," and. If th truth be told, he carried off the lion' share of glory, for McCormack. In addition to his remarkable voice, has a wealth of temperament whloh Melba Incks. Even at Melbourne, Australia, Melba s home city, wher as a member of Melba'e concert company he has been singing leading op eratic roles with hr. thl fact was noted by th press. The Stage, a well-known Melbourne Journal, said: -Melba was great. McCormack was greater, and the great audience, of women mostly, who lov Nelli Melba, worshiped th delightful tenor, McCormack." FILM PRODUCER HERE YITAG RAP H AGENT TO EXP LA IV MAKING OF PICT CUES. From Outline of Theme to Last Act of Subject to Be Shown by Reel at People1. C. Lawrence Fuller, special repre sentative of the Vltagraph Company ot America, on of the largest fllm-pro-duclng companies of the world, arrived In Portland yesterday and was th guest of Messrs. Stevens, of the Gen eral Film Company, and Wlnstock Metsger. of the Peoples Amusement Company. Arrangements were mad for a lecture tomorrow night at th Peoples Theater. Mr. Fuller has a special reel of pic tures by-which Is shown In detail how a film Is produced from the Inception of the scenario, the assembling of the com pany ot actors and all through the vart. ous processes until It I ready for final xhibltion. Not the least part of th affair la th Interesting and Intelligent talk on the subject given by Mr. Fuller. "Th final destiny of motion pic ture," tald Mr. Fuller. "Is as an adjunct to public education. Many of th states ar now considering the advisability of annual appropriation for thla purpose. Anticipating thla th various film com panies are marshaling their forces for the purpose of producing pictures that will teach history, geography and other sciences. Experience has shown that the impression of the picture on the youthful mind 1 mora lasting than a reading ot a text book. Preacher of religious denominations admit the force of the pictorial sermon and utilise It to aid the church. A a representative of a concern that sends It goods to all corners of th earth w ar stnoerely striving to mak (or th moral uplift of the world. "Mis Florence Turner, th Vltagraph girl, known to not lesa than 10.000.000 "picture fans" In the United States and as many more In foreign lands. Is down at Santa Monica. CaL, trying to recover her health, and at th earnest solicita tion of my friend. Mr. Wlnstock. ot th Peoples, I am endeavoring to arrange a visit for her to this city, so that Port land people may see an Illustrious sam ple of th artists w ar now employ ing to do Justice to th great photo plays being put forth. "I shall deliver my lecture and spe :Ullr exhibit my reel showing how plc- tures are made Monday night at the People Theater, and by courtesy ef th management I vary cordially extend an Invitation to the Press Club of thlg city to use the private boxes at this the ater as my guest. CHILDHOOD TALES TOLD Clllcafro 'Woman Shows Value of Training: Young- Minds. Th reed for Developing In children an appreciation of beauty and a spirit that shall offset National overemphasis ot the utilitarian side of life was the theme ot a lecture-recital given by Mlsa Eda Lyman, of Chicago, last Thursday afternoon to a number of guests at the home of Mrs. Charles McCullough. Miss Lyman showed how, from the earliest age. the child may receive training In art. literaure and music, through the legends, folk-tales and folk-songs which are the prod ucts of the childhood of the race and adapted to the awakening mind of the Individual. She pointed out how, through th simple story, high Ideals, poetry, humor and moral sense might be developed. In Illustration MIbs Ly man told Of "Anton th Clockmaker," The Little Red Hen." "SneJorke." a Russian folk-tale, and a Norwegian story of -Th Princess Who Could Not Be Silenced." Miss Edith Chase Haines, accom panied by Miss Hazel Watts, gave sev. ral Oerman and French folk-songs, two songs by Relneck. "Th Brownie" and "Morning- Prayer," a group of non sense rhymes by Edward Lear, set to music by Margaret Lang, and Steven son's -Windy Night" music by Teresa del Rleg. The musical Illustration of humor and "plctur muslo" (or chil dren were enthusiastically encored. Miss Lyman's recital of on of Han Anderson's Ol Luk Oi stories and Miss Haines singing of "The Sand man" (Brahms), showed bow the work of really great artists may appeal to th child' mind. Th story of "Th Giant' Garden' showed the spiritual aide of (oik tale and Its definite moral value. Mlaa Lyman gave recently a series of lectures on literature for children at th East Bide Branch Library and held numbers of little folks spellbound with delight during her "story hours" at th Fubllo Library. Lewiston Fire Los la 930,000. LEWISTON. Idaho, Fb'. 1 Flra of unknown origin today damaged th Lewlston Mercantile Company's whole sale warehouse to th amount of 120,- ooo. SIX PICKETS GUILTY Tazwell Convicts Men Who Followed Shop Workers. 'SCAB' INTERPRETED ANEW Police Judge Holds It Properly De fines Non-Union Workmen, bnt That It Must Xot Be TJned In Disorderly Manner. Adjudication of the right of strik ers to use th word "scab" In address ing men who contlnu at work when a trlk 1 going on, probably will b sought In th Circuit Court, as the re sult of a decision In the Municipal Court yesterday, wherein six men were found guilty of disorderly con duct while following workmen horn from the Brooklyn carshops. Imposition of sentence was deferred unt,ll Attorney Charles A. Petraln has time to take up the question with hi clients and determine whether It 1 . wished to make the Issue. If an appeal la de cided upon, fines will be Imposed suf ficiently high to allow the case to bo appealed. Judge Taswell virtually sanctioned the use of the obnoxious term as ap plied to any non-union worker and to som extent receded from his recent ruling In which It was held that the word might be applied only to desert ers from the union or professional strikebreakers. He found the men guilty upon a showing- that In calling "scab" they had done so In a boister ous manner, tending: to disturb th public peace. By Implication, th strikers ar held guiltless ot offense in flocking together to follow workmen long distances to their homes, calling "scab" after them, if they had not raised their voices so as to disturb others. The court made the ruling on the definition of the term "scab" In standard dictionaries. "Such tactics. If persisted In. will lead to more serious results," said the magistrate In commenting on the con duct of the union men. STEAMER LEONA BURNED Craft Valued at S3 000 Total Loss. Eire Occurs at La Center. Word was brought to Portland last night of the burning yesterday at La Center, Wash., of the. steamer Leona, owned by W. H. Hembree. The Leona has been lying at that point for sev eral weeks undergoing repairs. Just how the Are started is not known. Captain J. W. Exon, of the steamer Modoc, who was In La. Center yester day, said the vessel would be a total loss. Th Leona was valued at 15000 with Insurance at 13500. Eh was built by the Oregon City Transportation Com pany about 10 year ago for that run, later being used on the Lewis River. Laat year she operated on th Yamhill route. She was under contract with the Lewis River Navigation Company for use on the Lewis River run, and waa to have been brought to Portland last night. ' Young- Pianist Gives Recital. Miss Louise Huntley, of Oregon City, gave a piano recital, under the di rection of W. Glfford Nash, last Fri day night, and by her sympathetic playing and talent displayed In In terpretation, made a most creditable appearance for so young a student. Upstairs Prices That Save Money Our low rent does it. SPECIAL, $1.00 PAIR AH lots ladies' shoes and oxfords. SPECIAL, $2.00 PAIR 20 styles ladies' shoes and oxfords. SPECIAL, $2.50 PAIR Men's and ladies' shoes, 100 styles, worth to $4.00. SPECIAL, $3.00 PAIR Men's and ladies' shoes, all styles, best money can buy. Try us. Come today. MARKS NEW YORK SHOE SHOP Upstairs Lafayette Bid. Entrance 313Va Wash., Corner 6th. 9i5 BaaantannnnanfaTi m DONTEVER BELIEVE that opportunity knocks but once. She is on the job hammering away night and day. If you are too deaf to hear, too slothful to heed, too slow or cowardly to act n3 IT IS TOUR FAULT not Opportunity's, if you lead a labori ous, unsuccessful life and di dependent upon others. If you hear, heed and act, OPPORTUNITY AND FORTUNE smile upon you. Tou lead a contented life, enjoy a respected old age and leave blessings to your children. There are two kinds of people, SUCCESSES AND FALLUERS To which class will you belong f It is up to you to decide, and opportunity is awaiting your decision. We are ready to help you. THE POULTRY BUSINESS properly conducted pays larger profits than any other occupation. We sell the land, teach yon the business without cost, furnish supplies at cost and sell your eggs so that you get the highest market price. YOU LIVE OUTDOORS You and your family are in health. Your income begins in six months. You are independent. Are these benefits worth having! If so, let us tell you HOW TO SECURE THEM The Oakland Poultry Products Company Room 30S-0 Spalding Building, Portland, Oregon ,7-V i ii r .r..e .. ' ... ... .stf.stfi. .1 ....--cnm, . ,..J Electric Line on 4th Street Full Copy of Proposed Ordinance to Permit Southern Pacific Company to Electrify 4th Street. To Be Introduced in the Common Council at Once. Section . Nothlnr In this ordinance, nor any rights or privilege granted by this ordinance shall be construed to prevent the municipal au thorities of the City of Portland from sewering, grading, paving, planking, macadamizing, Im proving, altering or repairing; any of the streets over .which the railways authorized by this ordinance are constructed or operated; but all such work shall be done so as to cause as little obstruction or hindrance as possible to the cars and the operation of said railways, and the said Oregon & California Railroad Company, Its successors, lessees and assigns, shall have the privilege of raising or shifting the tracks so as to avoid as much as possible obstruction to the operation of cars during the progress of the street Improvement, sewering, grading, pav ing, planking, macadamizing, improving, alter ing or repairing. .,. Sectloa 7. Said Oregon & California Railroad Company, its successors, lessees and assigns, shall fill in or grade to the established grades, and plank, pave, repave, reconstruct or other wise Improve or repair and keep in good condi tion from time to time, whenever directed by the Council or Executive Board, and in such manner as the municipal authorities may direct, those portions of the street or streets and other public places along and over which the said railways are or shall hereafter be constructed, the whole width of said railways between the rails and between the tracks and for the width of one (1) foot on the outside of the outermost rails, and said Oregon & California Railroad Company, Its successors, lessees and assigns, shall complete said improvements within the time fixed by the Executive Board. Section 8. It shall be unlawful for any per son or persons to obstruct the laying down, con struction, maintenance or operation of the rail ways, poles, wires, underground conduits or con ductors mentioned In this ordinance, and any person or persons who shall violate the pro visions of this section shall, upon conviction thereof before the Municipal Court of the City of Portland, be punished by a fine of not less than five (J5.00) dollars or more than twenty five (125.00) dollars for each and every offense. Section . Any conductor, motorman or other employe of or upon the railways of said Oregon & California Railroad Company, Its successors, lessees -and assigns, or any passenger thereon, or other person on or about the same, or the cars belonging thereto or operated thereon, who shall be Indecent, profane, offensive, abusive, opprobrious or use obscene language, or other wise Insult, abuse or maltreat any passenger on said cars, or any motorman, grlpman or em ploye of said Oregon A California Railroad Com pany, Its successors, lessees and assigns, thereon or about the same, shall, upon conviction thereof before the Municipal Court of the City of Port land, be punished by a fine of not lesa than five (J5.00) dollars and not more than twenty five (J25.00) dollars for each and every offense. Section lo. Bald Oregon & California Railroad Company, Its successors, lessees and assigns, shall commence the construction of the rail ways herein mentioned within ninety (90) days from and after the final approval of this ordi nance, and shall complete the construction thereof and commence the operation of cars thereon on or before one year from the date or the final approval of this ordinance. PRO VIDED, however, that the Oregon & California Railroad Company, its successors, lessees ana. assigns, may, in the construction of said rail ways authorized hereunder, take up and re move the railway now operated over and along" said route as may be necessary to enable the construction of the railways hereunder. Ana. PROVIDED FURTHER, that during such con struction of said railways authorized hereby and the removal of said tracks now there, the Oregon & California Railroad Company, Its suc cessors, lessees and assigns, may operate ita steam locomotives and cars for the transporta tion of passengers, mail, baggage and express, and for the delivery of materials necessary for the construction of said railways and appurten ances and the improvement of said streets. Section 11. The said Oregon & California Railroad Company. Its successors, lessees or as signs, shall, within thirty (30) days after th final approval of this ordinance, file In the Of fice of the Auditor of the City of Portland a written acceptance of this ordinance and tne privileges therein granted. The failure on the part of the Oregon & California Railroad Com pany, Its successors, lessees or assigns, to me such written acceptance within the time herein specified shall be deemed an abandonment and rejection of the privileges herein conferred, and this ordinance shall forever thereafter be null and void, and such acceptance by the Oregon & California Railroad Company, its successors, lessees or assigns, shall be unqualified, and shall be an acceptance of all the terms, condi tions and restrictions oontalned in this ordl- na8ectlon 12. The Oregon & California Railroad Company, its successors, lessees and assigns, whenever or wherever electric currents are used or employed In or about the use of the privileges granted by this ordinance, or the plant connected therewith, shall provide and put In use such means and appliances as will control and ef fectually contain such currents In their proper channels, and on Its or their own wires, tracks, . or other structures, so as to prevent injury to the property, pipes and other structures belong ing to the Citv of Portland or to any person, firm or corporation within the said city, and to reir and shall repair and renew said means and appliances and from time to time change and Improve the same as may be necessary to accomplish said purpose, at Its own or their charge or expense, and at Its or their own risk, selecting and adopting such means and ap pliances as shall prevent Injury to the property, pipes and other structures belonging to the City of Portland or to any person, firm or cor- Plec.?on 13. The Executive Board of the City of Portland, or other legally constituted au thority thereof, shall have the power and au thority to regulate the manner of constructing and maintaining said tracks and the carrying out of the provisions of this ordinance relative thSect?on 14. Bald Oregon & California Railroad Company, Its successors, lessees and assigns, shall keep and maintain Its railway tracks in good condition, order and repair, and shall render efficient service to the public, and " the said Oregon & California Railroad Company, its successors, lessees and assigns, shall ran during any of said time to keep its said rail way tracks in good condition, order and repair, ?r shall fall during any of said time to rer efficient service thereon, the Council of said citv may, upon thirty (SO) days' notice, declare -this ordlance and all the rights and privileges herein granted, forfeited, and In the event of the declaration of such forfeiture, the tracks constructed thereunder shall likewise be lor- feScct'lon 15. After the construction of the rail ways provided by this ordinance, the said Ore gon & Callfosnia Railroad Company, its suc cessors, lessees and assigns, shall and Is hereby Required to file In the office of the Auditor of the Citv of Portland a map and plat showing the definite location of its lines, and after the definite location of Its lines. It shall be unlaw ful for it to change the route thus established without the permission of the Executive Board of said city and the approval of the City En- SlScco 16. The Oregon & California Railroad ComDany. its successors, lessees and assigns, mav charge and collect from each passenger traveling uponlts railways for each trfp of such passenger In one general direct on wholly with n the City of Portland on the railway of the said Oregon & California Railroad Company, its suc cessors, lessees and assigns, constructed on the. ?oute authorized by Section 1 of this ordinance, Ind within the limits of the City of Portland, as Sow Existing, a fare of five cents and no more. certlna- that for passengers traveling In ob servation cars, the said Oregon & California RaU?oad Company. Its successors, lessees and assign may charge and collect from each pas "wr s faV. not exceeding fifty cents Per trip. Section 17. The Oregon A California Railroad Company, its successors, lessees and assigns, half be deemed to comply with the provisions of Sectfon 89 of the Charter of the City of Port land! if it shall file with the Auditor pf said City of Portland its annual report required to be made to the Railroad Commission of the State of Oregon, or Its report made to the Inter state Commerce Commission. . , Section is. That Sections 2, 3, 4 and 5 of Ordinance NO. 699. entitled "An ordlance au ?horlzt?g the Oregon Central Railroad Company of Portland to lay a railway track and run cars Sver the same within the City of Portland " ap SrSved January 6, 1889, and Sections 1. 2 and ro7ordIn2nceyNo. 16491, entitled "An Ordinance prohlbitlrVg the operation of steam . locomotWes nd freight cars on Fourth street between Gll s?n street and the southerly limits of the C.ty of Portland, after eighteen months from the date of the passage of this ordinance, and pro viding a penalty for the violation thereof, iasseB by the Council May 1. 1907, Insofar as the same : might The Inconsistent with the terms and provisToSs of this ordinance be and the same are and each thereof is hereby repealed. Section IB. That within sixty (60) days from the acceptance of this ordinance by the Oregon iforna Railroad Company, its -c lessees ana assigns, mc "'".'- " j " Railroad Company. It. uccessor Ue e and a - AJf ORDISAXCB to amend Ordinance Tio. 509, entitled "An Ordinance authorizing; the Orc iron Central Ra.il rod 1 company of Portland 4 lay a railway track: and run car over the same within the City of Portland." approved January , 18t0, and to amend Ordinance 9o. ' 1U41, entitled "An Ordinance prohibiting the operation of steam locomotives and freight earn on Fourth street, between Gllaan street and the aontherly limits of the City of I'ort land after eighteen months from the date of the passage of thla ordinance, and providing penalty for the violation thereof,' passed May 1, 1907. and srrantlng to th Oregon A California Railroad Company, a corporation, fta successors, leasees and assigns, the right to lay. construct and maintain railway tracks and to operate cars thereover, and to trans port passengers, matl, batrsraiee and express thereon, nnd to erect, construct, maintain and operate necessary power, telephone and tele graph lines on said Fourth street and along aad over tbe right of way of the Oregon A California Railroad Company now there, vrlthln tbe corporate limit ot the City of Portland, Multnomah County, Oregon, and the right to cross any and all atreets to the southern limits of the said City of Portland, or any extension thereof. Intersecting said rlsrbt of way, and to repeal Sections 2. 3. 4 nnd S of said Ordinance No. BR9 aforesaid, ana to repeal Sectlona 1, a and S of said Ordinance No, 16401 aforesaid, insofar as the same, or either section thereof, is inconsistent with thi ordinance. THE CITY OF" PORTLAND DOES ORDAIN AS FOLLOWS! Section 1. That Section 1 of Ordinance No. 899, entitled "An ordinance authorizing the Oregon Central Railroad Company of Portland to lay a railway track and run cars over the same within the City of Portland," approved January 6, 1869, be and the same is hereby amended so as to read as follows: Section 1. That there be and Is hereby granted, subject to the terms, restrictions and provisions in this ordinance contained, to the Oregon & California Railroad Company, a cor 'poratlon duly organized and existing under and by virtue of the laws of the State of Oregon, Its successors, lessees and assigns, the right and privilege to Jay down, relay, construct, re construct, repair, maintain, equip, operate, have, hold, use and enjoy lines of railway of standard fauge, either single track or double track, with he right to change from a single track to a double track (but not from a double to a single track without the consent of the Council first expressed by ordinance, but no change shall be made during the pendency of a street Improve ment proceeding on a street or portion of a street where such change is to be made with out the consent of the Council first expressed bv ordinance, and unless said Oregon & Cali fornia Railroad Company, its successors, lessees and assigns, shall first pay its full portion of the assessment for such Improvement as ap portioned to It bv the Council upon the basis of a double track), with convenient switches, turnouts, crossovers, curves, connections and turn tables, and to run and operate cars thereon for passengers, mail, baggage and express only. In. over, along and upon Fourth street from where the north end of Fourth street intersects the grounds of the Northern Pacific Terminal Company, a corporation: thence southerly along said Fourth street to Sheridan street: thence southerly to Mead street, and thence along the present right of way of the Oregon & Cali fornia Railroad Company to the southern boundary of the corporate limits of the City of Portland, or any extension thereof, together with the right to cross any streets that may intersect said right of wav between said Sheri dan street and said southern boundary of said Citv of Portland. PROVIDED, however, that said rallwav tracks on said Fourth street snau not be used or operated for the transportation of freight, excepting for the transportation of material for the construction or repair of said tracks and appurtenances, and for the construc tion and maintenance of the paving required by this ordinance, but the same shall be used for the transportation bf passencrers. mall, baggage and express thereon. PROVIDED, however, that where a single track shall be constructed, main tained and operated under this ordinance, the same shall be constructed, maintained and oper ated In the center line of said street as near as practicable, and where a double track Is con structed, maintained and operated under this ordinance, the same shall be constructed, main tained and operated so that the inside rails of said track shall be equally distant from the center line of said street. a9 near as the same be practicable, except where necessary curves are requird to be made. ... ... And it Is further hereby granted to the Ore . gon fk California Railroad Company, Its suc cessors, lessees and assigns, the right to erect, construct and maintain poles, wires, under ground slots and conduits, and all other neces sary and convenient equipment and appliances for the purpose of conveying power and elec trical current for the purpose of operating and maintaining said railway tracks hereinbefore described, and said railway cars thereover, and over and along said route hereinbefore specified, together with the right to construct, maintain and operate a necessary feed line for power pur poses In Nevada Btreet, together with the right and privilege of constructing and maintaining all necessary and convenient feed and service lines In connection with the construction, oper ation and maintenance of said railway tracks and railway hereinbefore described. Section 2. Said Oregon & California Railroad Company, its successors, lessees and assigns, may operate and propel cars over nnd upon the -railway mentioned In Seotion 1 of this ordinance by means of overhead or underground electrical power, storage batteries, compressed air or other mechanical power (excepting only steam motors or locomotives), and for the purpose of operating railwava and conveying power and electrical currents for Its own use, may put up erect, maintain and use Iron poles and over head trolley wires and supports therefor, and lay down, construct, maintain and use under ground slots and conduits and underground wires and conductors. PROVIDED, however, that Iron poles shall not be required excepting on Fourth street, and not then where said trol ley wires may be supported by contact with buildings or other structures by permission of thSerVrtThe0f-.a1d track, shall be laid a. nearly as practicable In the center of the streets, flush with the grades of said V?,;, J offer as little obstruction as possible to the passage of vehicles or other public use of said "'The'rails used upon said Fourth street shall be not less than six Inches In denth and shall weigh not less than seventy pounds to the yard, and shall be of a pattern to be approved by the City Fglneer of the Citv of Portland. The con struction and reconstruction of the lines of rail way underground conduits, overhead trolley wires and supports therefor, type of Iron poles, and the location and manner of placing Iron poles, or connection with said buildings or other, structures, authorized by this ordinance, shall fee upon pinn anproved by the City Engineer of the City of Portland. Section 4. The passenger cars used by th Oregon A California Railroad Company, Its suc cessors, lessees and asslens, unon the lines of rallwav authorised bv this ordinance shall be of modern construction for the comfort, con venience and safety of passengers The rate of imeed of cars shall not exceed twelve (12) miles 2-... th. .aid Fourth street, but such r shall be subject to change and of thirty the nro- nance shall declare an Vi-f-irnrA of the rights granted and said railway, road or tracks con icted th.r"nder on said Fourth street shall tlkewlse be forfeited, and In case of such failure or neglect or refusal of said Oregon & Cali fornia Railroad Company, Its successors, lessees Znd .salens after thirty (30) days' notice given by th Council or Executive Board, or other le-i-illv constituted authority, to repair. Improve 6r maintain those portions or streets requires oaa-tllfl tl fin thtr Tne t O II IltJ 1 1 til acr.au V--v to comply substantially, after a period .... .- TViafAfif tsri th n V Or ".rHnn. oV hi ordll Tl,.'r",r' ,. cu. f Portland to M 'l'4 ' the oVeTonycal.forn.a Railroad wwz-jijzxzrzz. Lt9n"ont.no'n. do"'. Sfn?v and the cost of same, as ascertained and declared by the Council, shall be entered . In tedocvet of City Liens and enforced In like wanner and like effect as a general tax upon Sal or personal property of tbe Oregon & Cali fornia Railroad Company. Ita successors, lessees ind assists, after dellnouency. Tne uresron or v " . . - . . .-, - - . - Its successors, lessees and aselsrns. shall not abandon anv portion of Its rallwav lines con structed under th authority granted bv this ' ini,i the consent of the Council .inressed by ordinance, and any such abandon ment without such consent shall constitute an IrnmedUt-V forfeiture of the rights hereunder. sut the Council, at Its option, may declare any ?uch railway lines, or part thereof abandoned If the said company, Its successors, lessees and assigns! shall fall, through Its or their own fault or neglect, to operate regularly its cars thereon for a period of thirty (SO) consecutive days Snlesa prevented br strikes, litigation or other causes not within the control of said com nanv. Its successors, lessees and assigns. Section S For the purpose of laving down, renalrlng and reconstructing the railway tracks authorised by this ordinance, said Oregon & California Railroad Company, its successors, lessees and assigns, shall not obstruct any street fnr greater continuous distance, nor for a longer period of time, than la reasonably necessary. Signs, snail now nendlna- n the Supreme Court of thS United 'States', wherein ?tK Southern Pacific Company Is plain tiff and the City of Portland is defendant which sid rit wii tried and determined in the Cir cuit Court of theunlted States for the District f rree-on and the opinion of the court therein SniSunced on th2 fourth day of April. 1910, and which said cause is now pendlngupon appeal to tn. Supreme Court of the United States. i J