The Sunday Oregonian. (Portland, Ore.) 1881-current, April 14, 1912, SECTION TWO, Image 40

The Sunday Oregonian., April 14, 1912, SECTION TWO, Page 20, Image 40

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Newspaper Page TextTTTi: SUNDAY OITEGOXIAX, PORTLAND, APRIL- 14, 1912. 20 SOUTHERN PAGIF G 10 LOSE FRANCHISE Mayor Refuses to Veto Daly Ordinance Ousting Company From Fourth Street. VALLEY CITIZENS PLEAD Council men road, but Will hcnrr Tollcy of Rail. Poclare It Always flccri-ve- Jnr-t Trcat- tora City. monl Although Importuned by William D. Fenton. attorney for the Southern Pacific Company. Fourth street prop erty holder and Mayors and business men of McMinnville. Htllsboro. Forest Grove and other Willamette Valley cities to do o. the City Council refused at an adjourned meeting; yesterday morning, by viva voce vote, to adopt a resolution requesting Mayor Rushlight to veto the Daly ordinance providing for the revocation of the franchise held by the Southern Pacific on Fourth street. Before the vote was taken Mayor Rushlight made his position clear by telling the representatives of the valley cities that their arguments against the ordinance had satisfied hlra that he would be serving their best Interests by signing It. The Southern Pacific, he said, should come In and secure a new franchise, In accordance with the terms of the city charter, which pro vides that there shall be a common user clause, rompensatlon to the city and termination of the franchise at the end of Si years. Other Heads Affected, Ats. City Attorney Grant said. In answer to a question from Councilman Mcnefee, that the revocation . of the franchise would probably force litigation In which the question of perpetuity could be taken before the Supreme Court of the fnited States and finally settled. The question, he explained, affects also the u.-V. It. N. Company, the North ern Pacific Terminal Company and tha Portland Railway. Light & Power Com pany and Is. consequently, one of great Importance to the city. The question of perpetuity is not squarely before the Supreme Court of the fnited Mates In the present lltl rliinn hpiwrrn the Southern Pacific Company and the city. Involving the right of the city to enforce ordinance 1.4I. which prohibits the use of loco motives on Fourth street, and he ex pressed the opinion that the court would therefore dodge the Issue. The court, he said, rarely passes on sucn an Issue unless It Is necessary to deter mine the main question Involved. Mayor Espials Attltadc. Your arguments have convinced me," said the Mayor to the representatives of the valley cities, "that you have not a clear comprehension or the situation. The Council haa not denied the South ern Pacific Company the right of elec trifying the Fourth-street line. The troubl Is that the company desires to hold Its present peculiar rights. There Is no disposition to refuse a proper franchise drafted In accordance with the terms of the city charter. I am encouraged by your arguments to sign this ordinance and make way for a terminable franchise containing a common-user clause and thus give other companies a right to go into your ter ritory." The officials and those representing the commercial interests of the Wil lamette Valley cities dilated on the ad vantages which would acrue to both the people of their communities and those of Portland as a result of electrifica tion. They called upon the Council to reciprocate for what the valley had done to assist in the upbuilding of Portland. Prwaalaeat Mn 9seak. Among those who spoke were W. T. Mason, president of the McMinnville Commercial Club; J. It. Craven. Mayor of iMtllas: Councilman Graham, of For est Grove: J. Fred Yates. Mayor of Cor vaills; Mayor Gordon, of Newberg: S. 11. Davis, of Beaverton. and Mayor Bag ley, of Htllsboro. J. K. Gill was the spokesman of a committee appointed last night at a mass meeting at the Commercial Club. C. K. Henry also spoke In favor of Mr. Fenton's con tentions. Mr. Fenton told the Council that the adoption of the Daly ordinance would only have the effect of plunging the city and the company Into more liti gation and delaying the time when the company could spend f 1.600.009 appro priated for the purpose of electrifying more than 100 miles of line. At his request Councilman Baker, as president of the City Council. Introduced an ordi nance embodying the Ideas contained In resolutions passed at the Commercial Club mass meeting yesterday afternoon. It was automatically referred to the street committee by Mayor Rushlight. The ordinance provides that the com pany shall construct the east track In conformity with the requirements of the city charter, conceding without question common-user privilege and a franchise for 2S years only. With respect to the west, or present track, which Is to be reconstructed, the com pany would make the same concessions, reserving the right to be governed by the decision of the courts should the question of perpetuity be decided In its Uor. Mr. Fenton denied that the Southern Pacific Company has been Instrumental in deferring consideration of the smoke nuisance case which It appealed to the Supreme Court of the United States after the decision of Judge Bean In fa vor f the city. Judge Kean had pro hibited the city from enforcing the anti-locomotive ordinance pending the d-termlnatlon of the appeal. lie declared that he had used his W.t endeavors to have It advanced on the calendar and agreed with City At torney Grant that It will probably be reached In Lecember. A 26-year fran chise, he contended. Is In effect order ing the company to stop at the city limits at the termination of Its fran chise and depend upon the good will of tiie City Council. This did not meet with the approval of the bondholders, he said. "Will you force the Mayor to sign the Daly ordinance and force us to go to the Supreme Court of the United States in long and tortuous litigation, or will you ask the Mayor to disapprove the measure and sustain his disapproval?" he asked In conclusion. "Then we can go at It like gentlemen and ask the Supreme Court to determine the per petuity of a franchise on a city street. QaestlM !eer Paaard I . "The question has never been Anally passed upon by that tribunal. If It is true, ss a matter of law, that these franchises are revocable, then our franchise on East First street, which carries the main line of a transconti nental railway, may be canceled, only Ion course would be left to us In such event, and that Is to buy a right of way through the city blocks and get to the terminals as best we could from the city limits." Councllmen Daly. Clyde and Wilhelm declared that the company was "licked" and that Mr. Fenton knew It. and that he was simply seeking to "bluff" the Council with threats of litigation. They told the representatives Of the Willamette Valley cities that the South ern Pacific -Company had been promis ing electrification for 25 yesrs, but had done nothing until the Council had forced action on the part of the com pany by passing and trying to enforce the antl-locomotlve ordinance. They wanted to know If these men expected the City of Portland to surrender on the question of perpetuity of franchise and fall to exercise Its police power to help out the Willamette Valley cities. (nnrllmea Senre Company's Poller. "If the revocation ordinance Is of no force and efTect. as Mr. Fenton con-, tenda. why does he worry about it?" Councilman Daly demanded. Councilman Baker agreed with his rolleagues and declared that the com pany will get from the Council all the consideration to which It Is rightfully entitled. "The Hill lines are starting to paral lel the Southern Pacific in the Wll lamette Valley, and want the advantage of common user with the old company In Portland. Mr. Fenton Is afraid of the steam-roller. This Is the real truth DAIG1ITK.R OP OREfiOX PIO .KKK UIES AT RtRREV UULLA, COLOMBIA. if I I - -....- 1 it, , , ; . : I A X Mrs. Isaae A. Manning. Mrs. Isaac A. Manning, whose liushand is 1'nlted States Consul at Harrenqullla. Colombia, died recently at that place after a year's illness. She was horn in Salem. Or.. In 18S6. Iter father. P. H. Hatch, came to Oregon from the Sandwich Islands in IM1. and he,r mother crossed the plains In 18 IS. Mrs. Manning grew to womanhood In Salem, and was married there. In 1890 she went with her husband to Tacoma. and in 1892 they went to Nicaragua to engage In coffee raising, re maining there 11 years. Return ing to Salem. Mr. Manning was on the. editorial staff of the Oregon Statesman, and In 1907 he was appointed United States Consul at Cartagena. Colombia, where, thev remained two years, when be was transferred to La Guaira, Vene suela. for about two years, and last November he was sent by the State Department to Barren cm Ilia. Mrs. Manning Is survived by her husband, a daughter Miss Ruth a sister Mrs. A. H. Farrar. of Los Angele and three brothers Edwin T. Hatch, of Portland; Herbert L. Hatch, of San Fran cisco, and George E. Hatch, of Salem. of the matter," said Senator Kellaher, who was accorded the privilege of the flor at the reqeust of Councilman Daly. Councilman Wilhelm termed the Southern Pacific's proposition as "bait for us to swallow." Councilman Clyde said that the proposition was the "gall leal" he had ever heard. He declared that heretofore the company has played a game of "heads I win, tails you lose," with the city. UNION HIGH SCHOOL WINS Junction City DexIde to Form New Dlt-tr lot by Large Majority. JUNCTION C1TT, Or.. April 13. (Special.) The vote taken on forming a union high school district today re sulted In a majority of 151 In favor of the district. The vote follows: Junction. 220 to i: Rlverrlew. . 5 to 10: Harmony. 1 to 20: Harpole. 3 to 11: Oak Grove. S to 8; Lancaster. 8 to 29; Laurel Home. 2 to 7. Fjt-ter Wedding Cck-brated. At o'clock Sunday morning. April 7. Miss Mary Street and Albert KUnth were married at the home of the bride's parents, Mr. and Mrs. C W. Street, by Rev. Marcotte. In the pres ence of near relatives. The bride car ried lilies of the valley and roses. The home was prettily decorated with lilies lKAI. DEMGMF.D BY TK.ACHER Atl.X PRI.K FKOM BI SI E.S MKN'S I XI B. Trting cluS h r JrWL&rtD OPiLl Drawing by Mlsa Irene Woest. The seal designed for the Pro gressive Business Men's Club by Miss Irene Wuest. assistant supervisor of drawing In the pub lie schools, won the first prlxe offered by the club. She also won the second and third prizes. Miss Wuest Is an Oregonlan, graduat ing from the Lincoln High School In 19D7. and has been engaged In teaching over since that time, meeting with encouragement and suceess on all sides as she has advanced. i w MANY LADIES Have positively refused to wear glasses owiiijr to the popular sup- position that they arc somewhat j of a disfisrnrernent. I have given special attention to this matter, and can assnre yon that the eyeglasses fitted by me, instead of detracting from the wearer's appearance, add a cer tain note of neatness and retine ment that is alwavs commented favorably on by one's friends. While I am laying particular stress on this .feature of my work, I hope that you will not overlook the fact that I hare the skill, facilities and experi ence which assure you " of the highest degree of optieal effi ciency, and all the benefits to bo derived from wearing prop erly fitted glasses. THOMPSON EYESIGHT SPECIALIST Second Floor Corbett Building, Fifth and Morrison ui Mdyer Suits S Are Good Softs and Kaster flowers. Mr. and Mrs. KUnth will be at home to their friends at 427 East Fiftieth street North, Rose City Park. There are other Suits as good as Moyer $15 Suits, but they cost you more. We intend to save and do save you money on every suit you buy here. The reason for this is plain: We select the woolens and buy for five big, active stores in quantities that give us the lowest prices; our immense output under one organization enables us to sell at a low profit, therefore you receive both the benefit of our advantage in buying and of our economy in selling. Then again, there's an advantage to you in the many concessions that we obtain from the great clothing makers on account of the large number of suits that they make for us the most durable linings and trimmings careful designing thorough tailoring and the many details that go to make perfection. We want you to know Moyer $15 Suits as we know them. This is a cordial invitation for you to coma in this week and see them. When You See It in Our Ad, It's So JURY UNABLE TO AGREE Charles M. Butts, Alleged Whlta Slaver, Unconvicted. After a three days' trial of Charles M. Butts, charged with white slavery before the United States District Court. the Jury reported In one hour to Judge Bean that an agreement was Impossible and requested to be discharged. Tills was refused, but four hours later the Jury was called Into court and after each member said an agreement was Impossible the Jury was discharged. From the first ballot the Jury stood 8 to 4 tor acquittal. Butts was charged with having brought Nellie Sams, a 17-year-old girl. from California, to Oregon for immoral purposes. The defense alleged that It was the couple's purpose to have been married. Butts Is still in the custody of United States Marshal Scott and the witnesses are to report to tne court Monday, when the case will either be set for re-trial or dismissed. First and Morrison MOY ER First and Yamhill FIVE STORES Third and Oak Second and Morrison 87 and 89 Third NDIANS NOT DYING OUT RACE HELD TO BE AS NUMER OUS AS1000 YEARS AGO. CONVICTED MAN IS GONE Ed Murphy Said to Have Fled and . , Bail Will Be Forfeited. Taking advantage of one day al lowed him in which to secure bonds for an appeal. Ed Murphy, bartender, convicted in Justice Olson's i court of swearing over the telephone at girl operators and sentenced for six months and to pay flOO, is reported to have fled from the city .and his appeal haa not been perfected. Bail of l.0, depos Ited at the time of the arrest, will be forfeited. Justice Olson views the outcome of the case as satisfactory, taking the view that Murphy's absence from the cltv is clear gain. He was convicted upon testimony showing that for period of a week or more he had per sistently called the gins at tne -in' formation" desk and hurled abusive language at them.. WILDE F0RMS SYNDICATE G. S. Gilbert, of Portland, Associated - In Banking Project. SAX DIEGO. Cat. April IS. (Spe cial.) 1. J. Wilde today announced the formation of a trust and banking syn dicate of Los Angeles and Portland capitalists, which has bought from A. O. Gassen a lot oy juu ieei. inciua Inr a two-atory building at the north east corner of SIxLU and D streets, for 1125.000. when all of tne present teases ex pire, eight months hence, the syndicate will erect a 12-story fireproof bank and office building. The bank and trust company to be formed In the meantime will occupy tne grouna rioor. o. Gilbert, formerly of Los Angeles, now of Portland. Is associated with Wilde In the project. SUTHERLIN PLANS FACTORY Money Pledged to Erect Cannery to Be Ready This Season. SUTHEBX.IN. Or.. April 13. (Spe cial.) At a meeting of the Commercial Club last night sufficient capital was pledged to Insure establishing a can ning factory here during the present eason. A commodious Duiiaing win be erected and equipped with modern machinery In time to handle this sea son's fruit and vegetable crop. Frnlta-rowers here signed contracts to plant approximately 100 acres of loganberries this Spring 'In order to Insure a crop for the cannery next sea eon. CARD OF T1IAXKS. We desire to extend our heartfelt thanks to our many friends for their assistance, their kind sympathy, and .. h. Dutiful floral offrlna- ten dered at the death and funeral of our he ovefl son and nrouier. WM. HILL. WIFE AND CHILDREN. CARD OF THAXKS. w. wish to thank our friends for their kindness and sympathy In our be-' reavement In the. death of our mother. Mrs. L. Oberender. J. V. OBERENPKR. MRS. J. K. KOOIION". Dr. Leo J. Fraclitenberg Tells of Sci entific Research and Remarka ble Deductions Thus Reached. "There are JuBt as many Indians to day on the North American contlnen as there were 1000 years ago, or later it the time Columbus discovered Araer ica," was the statement made last night at the Portland by Dr. Leo J. racnten berg, professor of anthropology at to lumbla University, New York, and spe clal investigator for the Smlthsoniai Institute along the same scientific chan tw. i. hi. third visit to the Pacific Coast in the employ of the Smithsonian Institute to study tne primitive nmiory I...M.1.. an culture fif the Indians ol North America, his special field of ex aminatinn helner Oregon. Washington Idaho and Alaska, in speaKing oi jus work Dr. Frachtenberg said: .T hK.n rioffnlfelv determined v. - u n,-iTnitiv Vnrth American In dians represent a certain primitive type with their culture, snowing us mo muso the Ayarian race was in 10.000 years ago, and the study of them will snow exactly how our race stood at mat time. 1 mean by the study of the primitive t .4 hM nnilltlnn t h p v were in nre- vlous to being Influenced by the coming of the white man. Their nilthology shows how natural earthly external important Move April 18 we will be perma nently located in our new store at 388 Morrison Street, opposite Olds, Wortman & King. In the meantime, come to our Sacrifice Removal Sale at 127 11th Streetrbetween Washington and Alder Sts. Greatest Bargains in Pianos and Player Pianos ever of fered in Portland. Can arrange terms of pay ment to suit. Store open every evening until we move. phenomena affected their minds and how they tried to explain them. "In every section of the earth, where the primitive mind has been studied, it is found that the conclusions they worked out were the same and In all are traditions similar to those found In the Bible, but long antedating its existence. In the study of the primi tive it is found that environment plays a much greater part in the culture of the race than heredity, and In all races examined similar environments produce similar culture. "When I say there are as many In dians on the North American continent today as 1000 years ago. I am simply telling the result of the most careful examination and scientific research, al though I know it does not meet with popular belief. We live today In an exact age, and base no belief on wierd and wild stories of people, whose Imag inations were enlarged by excitement and other causes. "As on my past visits to Ore"gdn I will -make my ' headquarters at the Siletz Indian reservation and my Sum mer's work will be to trace the-history of the Kalapuya, or sometimes called Calaposia. a tribe of Indians that orig inally lived In the Willamette and San tlam Valleys, covering what is now Marlon and Tamhlll Counties. "Of this tribe there are but six pure blooded members remaining, and of these only two can speak the original lauguage. They are William Hartles and Grace Wheeler, who reside on the Grand Ronde reservation and conver sations with these two may extend over several months." Our Insecticide positively puts bed- busfs out of business. We also make all styles of sweeping compounds, floor oils and floor spray. Phone Plummer Lirug Co.. Third and Madison, aiain ul-k delivery. xcursion F ares dast Via THE TRUE SCENIC ROUTE During the Summer seasoa low round-trip rate will be made to the principal destination. A few of the points quoted arei- Sale Dates April WJ, S. 27. May 2, a, 4, O, 10. 11, 17, IS, 24. 2. June 1. , 7, 8. l.'l. 14. IK, 17, IK, 10, 2, 21. 24, 2.-., 27, 2S, 29. Julv 2. 3, , 7. 11. 12, 15, 16, 20. 22, 2:t, 2U, 20, 30. 31.. , AuKUst 1. 2. 3, 6, 77 12, 15, 18, 22, 23, 2, an, 31. September 4. 3, 6, 7, 8, 11, 12. 30. April 25, 20, 27 to St. Paul a ad Minneapolis only. - - Stopovers Going and Returning. Final Return Limit October 31, 11M2. Have vour tickets read one way through th Canadian Kockles. lour itinerary should Include stops at Banff, Glacier, Field, Lake Louise, The Yoho and other resorts. Minneapolis. . fto.oo St. Paul B0.00 hloaito 72..0 . I.oul" 70.00 Indianapolis 7I).!MI Detroit. . S2..-ii New York los..-,o Syracuse JMI..TO Philadelphia Jlis.rl ritlxhurK (Il..-M Honton llll.OO Portland. Me IIO.IH) Ottawa. Ont IIIXOO .Montreal, P. O IO.-..1M) 4 TRANSCONTINENTAL TRAINS DAILY For Descriptive Matter and Further Particulars Apply at Third and Pine, . or Address FRANK R. JOHNSON, General Agent PORTLAND, OREGON Ths finbsck whsle Is cslled the "srey heund ef th s." Its speed throush ths aster equals that of tbs fsstest steamship. Soule Bros. .,, ..... ,11 DR. W. A. WISE. Dr. Wise will give his pers'onal tention to those requesting it. it- SEC THAT XTT UP! Plates With Flexible Suction. The very best and latest In modem den tistry. No more falling plates. PORTLAND'S LEADING PAINLESS -DENTISTS Leaders in Modern Dentistry Leaders in High-class Bridgework Leaders in Plate "Work the kind you desire, but seldom get. Leaders in Fair Dealing and Fair Prices. Leaders in Everything Progres sive. WE -CAJT EXTRACT one to 32 teeth at one sitting without the least bit of pain or bad after effects. You may have your teeth extracted in the morn ing and go home at night with new ones. OUT-OF-TOWX PATBOXS should remember that our force Is so organized that WE CAN DO THEIR ENTIRE CROWN, BRIDGE AND PLATE WORK. IN A DAY If necessary. Our Interchangeable Wise" Idea I Facings a Our bridgework has been brought to the highest state of gerfection. The teeth on this ridge are interchangeable at will without removing from the mouth. LOW PRICES FOR HIGH-GRADE WORK Good Rubber Plates, each ... $5.00 The Rest Red Rubber Plates, each $7.50 22-karat. Gold or Porcelain Crown $5.00 22-karat Bridae Teeth guar anteed, each $3.50 Gold or Rnamrt Fillings, ea. $1.0I Silver Fillings, each r.Oc And an Absolute Guarantee Backed by 25 Years In Portland. Failing Building, Second Floor. Take Elevator. Southeast Corner of Third and Washington Sts. Dr. W. A. "Wise, Dr. D. S. Bomgardner, Dr. Van R. Bilyeu, Dr. H. A. Newton. The Wise . Dental' Co. 25 YEARS' ACTIVE PRACTICE IN PORTLAND Hours: Daily, 8 A. M. to 6 P. M.; Sunday, 9 A. M. to 1 P. M. Examination Free. Phones A 2029, M. 2029.