TTTT" C1TVT4V
OHEGOXIAX, TORTLAXD, FEBRUARY 4, 1912.
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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