The Sunday Oregonian., February 11, 1912, Page 12, Image 12

TOE SUNDAY OREGOXIAX, PORTLAND, FEBRUARY 11, 1913
12
UMATILLA PROJECT
'-COURT HOLDS CARS
LOSE BRIDGE RIGHT
CEAMPED QUARTERS DT WHICH PORTLAND POLICE DEPARTMENT WILL BE HOUSED UNTIL
ACHESON'S
The Portland tailors and manufacturers of Ladies' Suits, will
tomorrow (Monday) in their retail store at West Park and Morrison
streets place in effect their policy of retailing Ladies' Tailored Suits
at wholesale tailors' manufacturing prices. Retailed to you right from
the tailors' hands to your back.
NEW JAlli 13 vuai-rjjiiir.jj.
Government Engineers Con
- dude Hearings and
Inspection.
Judge Ganter.bein Decides
Franchise Died When Madi
son Span Was Razed.
Opening Spec!
1
For Monday, Tuesday and Wednesday.
Regular $25.00 blue Serge Norfolk Suits .....
Regular $27.60 tan Norfolk Suits -
.$16.50
.$18.25
FINDINGS ARE KEPT SECRET
30-DAY STAY IS ALLOWED
REPORT
PREPARED
OUl SO-Vnr Grant Not Gooc on w
Hawthorn - Avenue Stroctnr?.
guo Warranto ITwrrJ
iafrt by Grant Win.
Circuit Judge Oantenbeln decided yes
terday afternoon that the Portland
Railway. Light Power Company has
no franchise entitling " to
aero., th. Hawthorn, bridge. Ha fl
?ha?th. franchl.e of the Mot.r
Street Railway Company and Its as
alma expired upon the eonstruetloi; i of
... ih nmdlaon-atrtaa "" - .
oia VI -.-., f
Judge decided ''""",
City Attorney orant n-i "
. At the request of F. V. Holman and
. Franklin T. Ortff'.tn. attorney, for the
. Portland Railway. Light Power Com
pany. Judge Oantenbeln
day." .tay In th. entering of judgment,
in the meantime the legal repre.ent.
Uve of the company will decide wheth
er to apply for a new trial or vrTr
a bill of exception, with the view to
taking an appeal to the Supreme Court
of Oregon-
Illckeat Csmrt May Art.
The cut. It la beiiereo. may
' the- Supreme Court of the United State,
eventually, on. of th. alleged Federal
' ouetlon Involves oemg uw .. -municipality
to disturb or Impair veeted
..rights. A ba.la for auch a possible ap
peal waa laid by th. defence In Ita
ple.dln.a and In th. trial of the ease
Deputy City Attorney Benbow. who
handled the caae for the plaintiff. Frank
Grant, declare, that even n 10.
troversy doe. go to the hlgbet court li
n
. i-ii.,4 state, ine cnin
re-
versa 1 la slight, the auihorltl.a Indicat
ing that the decision aa It stand, would
be upheld.
Judge Gantenbetn'a decl.lon waa
handed down In the caae of the State
'of Oregon, with relation to Frank
Grant. against the Portland Railway.
Light t I'ower Company, Mr. Grant In
Me capacity aa a cltUen and taxpayer
of Portland, and not a. City Attorney,
brought a quo warranto proceeding In
which he demanded to know by what
right the company operated It. cara
across the bridge. He operated under a
- elate law which p.rmlta a taxpayer to
brine; auch an action In the name of
' the .tate when there la rea.on to be
lieve that a person la unlawfully hold-
In- an office or a corporation Illegally
eserclslng franchise rights.
Plea ef Bait t ahola.
Juo warranto by what riirht) has
. hitherto been ud. however, almost ex.
clustvely to test the rights of public
officers to hold their position., ilr.
Grant's use of the remedy waa much
- in the nature of aa Innovation. The
. company questioned the propriety of
It. use on demurrer, but waa over
' ruled.
s. The controversy waa riven rise to by
the adoption of an amendment to the
city charter providing- for the Issuing
of 1450.000 worth of bonds to construct
a new Hawthorne or Madlaon-street
bridge. Incorporated In th. amendment
waa a provision that the street railway
company should pay t cents a car and
a minimum of 115.000 a year If It wished
to operate cara over the bridge. Novem
ber 11. I Ml. a 30-year franchise acro.s
the Madlaon-.tre.t bridge waa given to
the Mount Tabor Street Railroad Com
pany, of which the Portland Rallwar.
Light A Power Company la a successor.
Thin franchise provided for the payment
of tloe a month to the city and. accord
ing to It. term, would continue-until
November II. 1I1. or within a few
week of ten years after the present
Hawthorne bridge waa put Into opera
tion. Ceeaaaya Mere Anticipated.
It was anticipated In the City Attor
ney's office that the company would
claim the right to use the new bridge
under the franchise granted the Mount
Tabor street Railroad Company and
plana were laid to arrest the operators
of the first car. to cross th. Lew bridge,
the Idea being to force the company to
obtain an Injunction. In the fight over
which the question of franchise could
be raised Immediately and adjudicated.
Officials of the company be
came apprised, however. of the
plans of the City Attorney's
ofiice and announced that they would
continue to eend their car over the
Morrison-street bridge. When the
bridge was completed. Mayor Simon,
not wishing to delay trafne. stipulated
with the company that It should run
tta cara over the bridge at the old rate
until the controversy waa adjusted In
the courts. City Attorney Grant did
not wish to take the defensive, how
ever, and started the quo warranto
proceed I nr. placing the company In
that position.
, . alta for Tolls IJkely.
Had the previous plan prevailed, the
company would have been forced to
put up a bond guaranteeing payment
to the city. It It lost, of the amounts
accruing under the Hawthorne-bridge
charter amendment. As the case stands
now. should the company lose In the
courts of final adjudication, a long and
tedious civil suit might be necessary to
collect back tolls.
"The most vital Issue In this case. It
appears to me." said the judge In
giving his lclslon. "Is whether the
contract of November. Issl. contem
plates or authorise the Mount Tabor
Street Railroad Company to operate Ita
' cars over the new Hawthorne-avenue
bridge. Ordinance 7114 and the con-
'tract made In pursuance thereof au
thorised the company and tta asslgna
to cross said bridge with Us cars.' The
language. It se:ns to me. show, that
the Intention of the committee was to
grant a franchise over the Identical
structure known as the Madison-street
bridge. Thl Is especially true because
of the fsct that the Mount Tabor Street
1 Railroad Company only had a right to
operate over the identical structure, as
the Columbia-Street Fridge Company
could only grant a right to operate
over the particular structure which It
had built.
. a Rlgkt Geea With Bridge.
' "Necessarily the life of the Mount
Tabor Street Railroad Company cob-
tract to operate over the Identical
structure expired with the structure: If
another company bad built the bridge It
could not be contended that the Mount
Tabor Street Railroad Company had a
' right to operate over auch bridge by
! reason of Its grant from the Colum
' bla-Street Bridge Company. A new
! contract would have been necessary
under such circumstances.
j "That It was never In the minds of
either the committee or the Mount
I Tabor btreot Railroad Company that
- - itiil rls-ht to onerate it
car ever an entirely different struc- J
I
.. . i ?T . . . -r --... a
11 ILDIG AT FIFTH AD EVERETT STREETS, WHICH WU BE
ture from th. oM Madl.on-.treet bridge
appears from the language used in all
the contracts and ordinances In regard
thereto, and from the circumstances
and surroundings In which such con
tract, were made."
Big Asseaat I evolve.
Deputy City Attorney Benbow said
yesterday that for the first nine months
the bridge was In operation the city
earned upwards of 113.000. but received
only the customary 1100 a month. Ha
declared that, taking Into considera
tion the prospect of city growth, the
amount will be 150.000 a year before
the 10-year franchise would have ex
pired. He thus estimated. In his brief
aubmltted to Judge Oantenbeln fol
lowing the trial of the case, that be
tween 1100.000 and $400,000 was In
volved In the suit"
ALASKA LINE MEETS FAVCR
&trmhlp Representative to Report
on Subject Tuesday.
W S. Small wood, of the transporta
tion committee of the Portland Cham
ber of Commerce.
to know certainly by Tuesday whether
in. merchant, of Prtln11w"1fb,tn.7
pared to furnish the required tonnage
It freight to warrant the Dodge Con.,
pany In putting a .t.amshlp '
from Portland to Alaska next May.
Within th. next few day. wllloon
fer with representative, of the Dodge
Company and make all preliminary ar
rangements, contingent upor '
the 2u0 ton, of freight asked by the
'Twt.rda of tha c.rcular. of In
quiry which were sent out py jr. ""
wood to local owren""" -
ago have been answered, the Pf"
being in the main, highly favorable to
the plan. The greater part of the yr,
contracts for good. In Alaska ara made
In the Fall, and this feature may make
It difficult to get the project fully lined
up thl, .eason. Een If this Interfere,
with plana for the coming Summer, it
will be possible to make ample Prep
arations for a trade campaign In Alaska
next Summer, which will assure big
enough shipments In 191J to make the
final success of the plan a certainty.
CommnterV Fares, to Drop.
Person who have occasion to use the
Oregon Electric Interurban service will
be able to obtain commutation tickets
at greatly reduced rates after March J
W. K. Coman. general freight and paa
nenger agent, yesterday announced that
bcok of 61 ticket each will be placed
on sale at that date at rates approxi
mately SO per cent below the present
rates. It will be necessary, however,
for thee tickets to be used within SO
days after they are sold.
POLK COUNTY COUPLE CELEBRATE GOLDEN WEDDING ANNIVERSARY.
T
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MB, AXD MRS. SELLERS AXD FAMILT.
DALLAS. Or, Feb. 10. (Special.) Mr. and Mrs. David Sellers, of thl, city, celebrated their 50th wedding
anniversary at their home near Dallas on February I. Mr. Sellers was born In the State of Ohio November
10. 183S; Mrs. Seller, was born In the State of Pennsylvania. May . 1840. They were married at Inde
pendence. Ia.. on February 1. 182. On May . 1880. they arrived In Oregon and ?e"led, u.pon ' C
cated near Dallas, where they have since re.lded. Both are hale and hearty, and bid fair to I"ny
more annlveiwles of their wedding day. They have seven children, all living, and who are: M rs. A ice
McBee and Clarence Sellers, both of whom reside upon farms near Dallaa; Mrs. EUxa Shelton. i ter
Sellers and Carl Sellers, all of whom reside In the City of Dallas; Elmer Sellers and George Sellers, who live
at home with their parents. All of the children were present at the celebration of their Parent Kolden
wedding, a alo were .everal grandchildren, who are: Gladys McBee. Albert Seller,. Mildred Sellers, all of
Dallas, and Mrs. Benjamin Qulnn. of Donald. Or. ,..
Mr. and Mrs. Sellers are well known throughout the County of Polk, and count among their close
friends practically every pioneer of Polk County.
auM J, t
SHOP PRO-TEM JUL
Three-Story Place at Third
and Everett Rented.
POLICE DREAD MOVING
Quarters to House Prisoners and
Department Are Being Made
Kcadx for Transfer Old
Cell to Be IT sod.
nuddled In quartera still more
cramped and unsanitary than tha pres
ent city Jail, which for a quarter of
a century ha, been the butt of grand
Jury denunciation,, the police depart
ment will pas, the next alx months,
perhaps the next year. In an old build
ing at Fifth and Everett streets. Ev
eryone connected with the department
Is viewing the approaching disaster
with dread. Patrolman Ed Burke, with
a squad of men. Is at work cleaning out
the temporary quarter, and carpenter,
and other workmen will follow. The
change will taka place about the first
of March.
After casting about for months for
provisions (or quarters while awaiting
tha building of a new structure on the
site of the present Jail, Chief Slover
and his superiors finally decided to
remove to a three-story building for
merly occupied by a butcher-supply
house on the south side of Everett
street, between Fifth and Sixth streets.
Telia to Be Moved.
The building occupies 30x100 feet,
and has no Interior partitions. It will
be necessary to divide it by walls to
separate the various departments, and
plumbing must be Installed throughout.
The cells now In tha city Jail will be
transferred to the new site. All con
cerned will have to give up about half
the space they have been using, and
congestion will have to be met. The
space allotted to the court will be
contracted to about half, and many
convenience. In the present Jail will be
omitted.
Policemen, to have space to gather
and change their clothing, will rent a
loft In a building across the street.
- -
41
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OCCUPIED ABOUT MARCH a.
and transfer the quarter, of their ath
lete club to that place. As at present,
the city probably will bear part of the
cost of the rent.
Detectives Half-Mlle Away.
A, the detective department Is tied
up In Its present rooms In the Alns
worth building that runs until July, It
will not accompany the remainder of
the force, and serious complicatlona are
likely to result. It has always been
a handicap of the police administra
tions that the departments were housed
separately, and with half a mile In
tervening", their co-operation 1, likely
to be lessened.
ANOTHER CLUB RAIDED
Tvro Arrested as Gamblers at Place
Reported by ToiaJfWord.
Another alleged gambling establish
ment, the Beaver State Soclay Club,
with headquarters at 111 Morrison
street, was raided yesterday after
noon by Sergeant Smith, of the Police
Department, on the strength of a war
rant aworn to by Tom M. Word. ex
Sheriff. The John Doe warrant was Is
sued by Presiding Judge Kavanaugh.
ft, m. Davidson and J. P. Nichols,
said to be the ringleaders In the man
agement of the club, wore arrested and
lodged In the County Jail. Judge
Kavanaugh fixed their ball at 1600 cash
each. It had not been furnished at a
late hour last night The police took
a table, two boxes of poker chips, five
decks of cards and a bottle of whisky
to the Courthouse to be used as
evidence.
When Mr. Word caused the Orpheus
Club to be raided a few day, ago,
following the downfall of his protege,
William C. Gibson, a paroled convict
from Salem, he said several gambling
dens were In operation In the heart of
the city and that he Intended to close
them.
Davidson and Nichols will probably
be given a preliminary hearing before
Judge Kavanaugh tomorrow or Tues
day. Governor to View Quarry.
Having completed the Introduction In
Portland of his bills providing for a
widespread good roads campaign. Gov
ernor West started last night for
Clackamas, where he will Inspect one
of the rock quarries which has been
suggested as suitable for the purposes
of one of the proposed camps for con
vict labor. Tonight he will go to Hllls
boro. where he Is scheduled to explain
his convict and good roads plans at a
mass meeting. From there he will go
to Salem Later in the week the Gov
ernor will visit Hood River, The Dalles
and other towns In that vicinity.
Chief Engineer Davis Says Majority
' Seems to Favor Extension Broad
Minded Attitude of Pendleton
Citizens Subject of Comment.
Having completed their Investigation
of the feasibility and practicability of
the proposed west extension of the
Umatilla reclamation project, the Board
of Government Englneera authorised to
make the Investigation returned to
Portland yesterday. None of the mem
bers of the Investigating party would
discuss their report or the recommen
dations It contains. The report was
forwarded last night to the-director
of the Reclamation Service at Wash
ington. The members of the party
making the Investigation were: D. C
Henny. consulting engineer; E. G. Hop
son, supervising engineer; H. D. Newell,
In charge of the Umatilla project;
Oliver P. Morton, examiner, and Arthur
P. Davis, chief engineer.
On the findings of the Board of En
gineers will depend the action of tha
Reclamation Service In respect to the
west extension of the Umatilla project
Many Urge Extenaioa.
The extension was urged by a great
many citizens of Umatilla County, par
ticularly the Commercial Club of Pen
dleton. Vigorous opposition was also
presented by other residents of the
same county on the ground that the
proposed extension was not practicable
and did not warrant the expenditure
of the large amount of money that
would be required to complete the proj
ect. It was to ascertain the facts that
the engineers were directed to visit
Umatilla County and conduct hearings
In order to ascertain the actual condi
tions and more particularly the feasi
bility of the undertaking.
The engineers went to Hermlston
January 29 and devoted the greater
part of IS days to the Investigation,
which consisted of formal hearings at
Hermlston. Pendleton. Arlington and
Stanfield. At the Pendleton hearing
settler, on the Birch and McKay creeks,
who desire to make further diversions
from those tributaries of the Umatilla,
presented their case. On another day
the engineers visited these streams and
made a detailed examination as to their
flow and whether or not the additional
appropriation should be permitted. At
Arlington the engineers Interviewed
settlers regarding the proposed John
Day project.
Majority of tVltaeasea Favor.
"Until the report of the Board reaches
the director of the Reclamation Service
at Washington, I am not permitted to
disclose its contents, particularly the
recommendations we have made to the
department," said Mr. Davis, yesterday.
"I will say, however, that although the
proposed west extension of the Uma
tilla project Is opposed by a great
many people, a majority of those at
tending the hearings conducted by the
Board were in favor of the extension.
"I was particularly Impressed with
tha broad-minded attitude taken of the
situation by a great many Pendleton
people, particularly by the members of
the Commercial Club of that city. They
were strongly In favor of the extension,
although the project, if carried out,
would submerge a considerable acreage
Immediately tributary to Pendleton be
fore the water could be diverted for
the irrigation of acreage many miles
removed from Pendleton, and much of
It in another county altogether.
"Those who appeared before the
Board In advocacy of the extension
disclaimed any desire to urge upon the
Government the expenditure of any
money in this or any other project In
which from an engineering and busi
ness standpoint the scheme was not
deeemd entirely wise and feasible."
WOMEN'S ADVANCE SEEN
Writer Confesses to Many Deplor
able Part of Coreill.
PORTLAND, Feb. 10. (To the Edi
tor.) Poor Oregonlan! You get a lot
of Wolloping, don't you? Wouldn't you
like a little appreciation sometimes?
Now, L. think that we women ought to
forgive you a great deal because of
that article, "Politics for Women,"
which appeared on the editorial page
February 1.
At least we ought to be men enough
to accept a Just criticism of one of our
sex. Though I stand loyally for my
much-misunderstood and much-abused
sisters. I candidly admit that many of
..ntlm.narv thlnm RAiri ftbOUt
I 1 1 C UIH.UIUI'tl.HV...-., - - - .
them are true, and I most sorrowfully ;
confess that Marie uoreiu ceienoraies
with every book into greater diffuse
ness. verbosity and vapidity. When I
was very, very young I read each book
religiously as It came out; then as I
reached years of discretion I missed a
few. Not long ago I tried to wade
.i v. v. i. tu,t ohiillitfnn. Managed.
till II U ft 11 ."... --- . ,
i. tn ranch tha end. after Jumping
over the mosx uninviting; puuurej
slush. And 1 aian t escape so numoui
t jm.'i i..rn that she still writes
Ifllftl. X uiw.. v - I
...i kinri After all these yearsl :
And her style, once musny, is now ui
mushiest mush.
pretense of plot, the last diffusion la
as spineless as a Jellyfish. As to the
thought. It can be obtained more ad-
..mull from tha manuals on oc
cultism. If that is what one wants. If
there Is a foundation or trutn in inose
. In a Ttf mnun-
leneis, n la ... . :
nt hshv food as to be utterly lost
to the critically munmju. c.
with any or tna recogmz-a laux
writers" of the day, her technique is
pltlkbl.
1, it impolite VI n ia.yTJ w
...w. . i.riv that wav? We women of
this age cannot consistently expect men
i .i nrnrislm us perfect. We
call that sort of thing "hot air" now
- - nnr knls-hts are another kind.
They will take us by the hand and say:
"Come along; we'll walk the way of
life together, you and I. We are both
struggling toward perfection; we make
mistakes, but we will get there by and
by, side by side." Even now some of
the female contingency refuse the seat
of the tired laboring man on his way
home at 6:0 on a crowded car. On the
other hand, some of us pile our progeny
on the seats, that It may enjoy the
scenery while the weary breadwinner
sways on a strap, but we are patiently
hoping for better things.
When I glanced over that article I
thought, "Is it possible!" Then I read
the end. Then I read the middle. Then
I read the beginning, rubbed my eyes
- Si'
If our supply of these garments does not contain your size num
ber, your order for your size will be registered and one will be
made for you ,
WITHOUT EXTRA CHARGE, WITHOUT EXTRA CHARGE
Mind Yon! Think of It!
WITHOUT EXTRA CHARGE
We are tailoring and manufacturing Ladies' Suits in Portland.
We know we are building garments equal to any in the land, therefore
we confidently ask your patronage.
Our system and line of model-size garments are without a parallel
in the West. Comprised of garments for the lines of different formed
women you will find some one that will come near being your
shape, all right.
White Serge Norfolks
We are showing them, together with white Serge Suits in other
styles.
All our garments are tailored here by our tailors. Hand-shaped
collars. Note the long curbed, shaped notch tailor collar on our gar
ments. Hand-made buttonholes. All cloth and canvas dip water
shrunk never will spot or edges ruffle tip. .
Acheson Cloak & Suit Co.
RETAIL STORE
West Park and Morrison Streets
and read the middle and the end again.
And I thought "The Oregonlan has done
quite the handsome thing. Of course It
would have been nicer of It If It had
said It a long time ago braver, per
haps, than it Is to say It now, when the
subject Is so much more popular than
it used to be; but it has said it. any
way, and that's a great deal. I suppose
The Oregonlan Is merely human, and
masculine human, at that. A lot of men,
women, too, are so caked over with
tradition that they will have to submit
to having it chiseled off some day, but
The Oregonlan isn't so slow. Did a man
write that article? I hope so. And let
us pray that he will "practice what he
preaches." That is what I thougnt.
My, won't there be a house-cleaning,
though? The dirt which has been ac
cumulating so long will have to be
cleaned up and the men will have to
go to the woods to spit poor things!
And some of them will have to be de
odorized, too. and that will be a terrible
deprivation. Some new board of lady
managers will stand together long
Earliest
and
bloom
freely
JOIN THE OREGON SWEET PEA
silver trophy
Sweet Pe
i
E 1 i5-( A
iffl -V vJ Phones
t IV - ,TTaw - I
WJT
enough to provide a burying ground for
all of the dead pipes and etlnkodoro
cigar stubs and breaths) that some
men carry with them on streetcars.
The world is moving on. Three cheers
for The Oregonlan!
ANOTHER LADY SUBSCRIBER.
Reed Scholarship Pleases.
The first semester of class work at
Reed College, completed last week, has
satisfied the faculty that the require
ments for admission and the methods
of selecting students for the first class
were admirably suited to the ideals
of the institution. The spirit of the
student body. Its fine loyalty and
eagerness to co-operate with the fac
ulty, are matters of great satisfaction
to all. Three students have been ad
vised to leave the college on account
of low scholarship. President Foster
has sent an open letter to superintend
ents of schools and principals of high
schools, in which he calls attention to
the work of Reed College.
Plantings Give Finest Flowers
make deep-rooting, vigorous vines that
in the greatest prolusion.
To prolong the blooming season, water
and keep the flowers cut.
Our Home Collection
Six Famous Spencers
Asta Ohn
ouatrxi Spencer
Helen Lewi
King Edward ...
Otbello
Lavender
Plnlc
Salmon
Crlmnon
.Deep Slaroon
White Spencer
Best of Their Color and Class
These will give you a splendid as
sortment of the most beautiful and
brilliant colors. Flowers are large,
of finest form and are borne In
greatest profusion on long, strong
stems. If you want to be sure of
having the finest sweet peas and
lot of tbem, order the "Home"
collection. Six large pkt, 50C
Six 1-oa. pkts., 81
For the Elks' Convention -
Purple and White Sweet Peaa will be In
demand. PLANT NOW. The correct shade
is our ELKS' PURPLE.
For eelect llt of newest and best Sweet Peas,
Roses, Flower and Garden seed, see our
1912 Complete New Seed Annual
12$ Pages A reliable Reference and Buyers'
Guide lor North western Growers. Fully il
lustrates and presents the newest and most
desirable varieties for market or home gardens.
PORTLAND SEED CO.
FRONT AND YAMHILL STREETS
SOCIETY and win our handsome solid
cup. vaiuo, uou