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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (June 23, 1912)
THE SUTTDAY OREGOX1AX. PORTLAXD. JUNE 23, 1912. GRANT SAYS ROAD VIOLATES CHARTER City Urged to Treat Southern Pacific as Original Fran- chise Applicant. AGREEMENT HELD BROKEN i i Attorney Declares Company Refused to Abide by Terms at First Ac- cepted in Fourth-Street Track- age RlghC Controversy. Declaring that the Southern Pacific Company has refused to abide by an agreement with the city lor the seme ment of the Fourth-street franchise controversy. City Attorney Grant has written an opinion for the City Council in which he recommends that the com pany be treated as though it were orig tnallv annlvlna- for A franchise. . re quiring: It to conform strictly to the provisions of the city charter. - Attorney Grant declares that the railroad company fully agreed a short time ago to settle the whole contro versy by applying for a new franchise subject to a common-user clause, re linquishing its claims to a perpetual franchise anil aereelna to dismiss the litigation against ths city, but that the plan was wrecked when w. C. Ben Bow, ex-Deputy City Attorney, introduced in the Council a recommendation that the company's tracks be ousted from Fourth street, which recommendation was passed by unanimous vote, i "When this action was taken, with out my knowledge or consent," It wrecked my entire plans." said Mr. Grant yesterday. "The company offi cials changed their minds on what had been agreed to and efforts to get them In line again have been of no avail. They will agree to none of the things they accepted before that resolution was Introduced and passed by the Council. They believe, I suppose, that It was an effort to double-cross them." In his written opinion to the Council regarding the franchise asked for by the company on Fourth street Attorney Grant says in part: "After this ordinance was referred to me I suggested to the officers of the Oregon & California Railroad Company m this city and in San Francisco that the company apply for a franchise on Fourth street in strict accordance with the provisions of the present city char ter, namely, a franchise for 25 years for two tracks, subject to a common user thereon, and that it relinquish its claim of a perpetual franchise on said street and dismiss the litigation now maintained against the City of Portland. '. r;ompaar Rejects Sageestloa. "This, In my humble judgment, was the only sensible way In which to settle this long-drawn-out controversy, and the only fair way for the company to treat the city, but after many con ferences, extending over a period of weeks, the company has positively re fused to accede to my suggestion, and so far as I know will continue to litigate with the city the question of whether it can be required to remove Its steam locomotives from the street and the question of the perpetuity of its franchise, although It is now seek ing further favors from the city by asking for a franchise for another track on Fourth street In accordance with the provisions of the charter, sustaining, as I view It, Inconsistent positions so far as the public Is con cerned. It refuses to meet the city in a, Jalr manner as to the settlement of past difficulties and yet it seeks valu able favors. "I have amended the proposed fran chise by striking out all reference to the dispute between the city and the company and I have redrafted the pro visions thereof so far as they relate to that matter and I see no legal objec tion to the Council enacting the ordi nance as I have amended it, because It Is provided by the charter that the acceptance of a franchise ordinance must be unconditional and unqualified and this ordinance so provides, and it further provides that It Is subject to all the terms, provisions and condi tions contained in the charter of the City of Portland applicable thereto. Therefore, If the Oregon & California Railroad Company accepts the fran chise as now drafted. Its acceptance operates. In my opinion, as an ex press waiver of any rights that it may have on Fourth street. FraaehJse Rlshte Repealed. "In fact. It has been publicly stated to you by Mr. Fenton before the street committee, that he had advised bis company that there is grsve doubt in his mind as to whether this was not the position in which his company would be placed by the acceptance of a franchise. In my mind there is no doubt that this would constitute an express waiver. Of course, it would be better for the city If all doubt was positively cleared up. for If the fran chise is granted in the form in which It was presented it will leave the matter open for the present or subse quent litigation to be determined. "The Council must bear In mind that it has repealed ordinance No. 699. the ordinance under which said company claims to exercise franchise rights. It repealed the ordinance, however, on the theory, .not only that It was a revocable permit, but that the company In and by virtue of Its disobedience to the express reserved povrers In said franchise, had disobeyed said reserved power, namely. It had refused to re move Its locomotives from the street when so ordered. "The power to cause this removal was reserved In said ordinance No. 599. The company resisted the enforcement of said order in the Federal Court. Tiie Federal Court decided against the company, but restrained tht city from In an v wav Interfering with the opera tion of trains on said street until that rase could be decided by the Supreme Court of the Vnited States. This In junction prevents the city from taking anv steps at all to cause the complete removal of h6 railroad from the street. Wilful Disobedience Chanced. "If the city Is successful In ths Su preme Court of the United Statfs. and 1 see no reason why It should iot be. It has then established Its rl.ht to repeal ordinance No, 59 and In that event the company Is without any rights whatsoever upon the street, be cause it has disobeyed said regulating ordinance, and its disobedience Is wil- , , "Having all of these matters In mind it seems to me that the only logical thing lor the city to do is to treat this company as though it were originally applying for a franchise on this street and require it to conform strictly to the provisions of the charter, but. as 1 have heretofore stated, my efforts to bring about this result have not been fruitful." Attorney Grant has amended the original proposed franchise in a num ber of details. Including the train schedule during rush, hours, the right of the city to acquire the property of the company at the expiration of the franchise If desired, the right of other companies to use the tracks and giving the city the right to repair or lay watermains unoer the tracks wherever desired. DEER HUNTERS ARE HAPPY Animals More Plentiful This Season Than Ever, Is Reported. "Deer are more plentiful in the Ore gon forests this season than they have been in years," said E. S. Cattron, chief clerk in the game warden's office, yes terday." I base my statement on re ports from wardens in all the big bunt ing grounds and especially .on those from Curry, Douglas, Jackson and Josephine counties. "Despite the ravages of cougar and t Captain George Pope, President ! Captain George Pope, President of the Oregon Sweet rea society, f , 11TT mountain wolf, Portland hunters will find better pickings when they begin to go into the hills August 1 to kill these slender, swift animals than they have found for some time. Men who used to come over from California and slaughter hundreds of deer merely for their hides have been stopped com nletely by a posse of men especially assigned to this work and lawbreakers In every locality have been stricuy anu- swiftly punished. Furthermore, tnis office will continue to insist that the state game laws be enforced In every case and regardless of whom this en forcement may effect. 'From Mt. Hood, Nehalem, scappoose. Columbia County and Klamath County come reports that are highly encourag ing to the deer hunter this year. Mal heur, of course, la the antelope terri tory and the killing of antelope Is taboo now, but there will be other game In abundance in this county also. 'War Is being waged upon all ani mals which have proved destructive to deer and hunters may be encouraged by a larger bounty to eliminate tne cougar, the worst killer of them all." PRAISE FOR OREGON ROADS City Health Officer Likes Home Highways After Indiana Trip. . City Health Officer Wheeler, who re turned during the week from a tour through Eastern states, had experiences with roads there that made him glad to be Jack In Oregon. While on his visit. he spent several days on the farm that was the scene of his boyhood, near DUlsboro, In Southern Indiana, and at tended the golden wedding anniversary of his brother who now conducts the home farm. It was while traveling about the farming districts In that lo callty that he haa nis inximaie qualntance witn tne roaas. Roads!" saia ur. nmewr. those people there don t Know good roads are. I told tnem to Oregon if they wanted to a road ought to be made. Thev have the old turnpiKes, ana an the rocks found in the fields and else where are gathered and dumped on the road at specified Intervals. These rocks are dumped In heaps caned -percnes, several feet apart. Men are hired at ao much per perch Xo break up the rock Into pieces not smaller than one's fist, and these are spread over tne roadbed. Travel la relied upon to solidify and smooth, out the bed." Mrse. James Seriously 111. SALEM, Or., June 22. (Special.) Word waa received here today rrom Newport that Mrs. C. W. James, wife of the recently deposed superintendent of the state penitentiary, is danger ously ill at that resort She is the mother of Mrs. Tom R. Wilson, wife of the bookkeeper at the prison. ac- Why, what to come see how PRIZES TO BE GIVEN Oregon Sweet Pea Society to Hold Exhibition. CLASSES ARE 'ARRANGED Rules Adopted by National Organi zation 'Will C-pvern Judging In Show Which Will Be on July 9 and ' 10. 1 Classification -of the various entries for the annual exhibition of the Oregon Sweet Pea Society, to be held on the second floor of the Courthouse. July 8 and 10. has been made by a committee and the prizes to be awarded In the sev eral events have been announced. The rules as adopted by the National Sweet Pea Society of America will govern the judging. Points in scoring will be apportioned as follows: Length of stem, 25;. color, 20; size, 25; substance, IS; number of flowers on one stem, 10; total. 100. The National Society considers that an ideal bouquet of sweet peas consists of not more than 25 sprays. The Judges win be Instructed to regard the overcrowd ing of a vase as a fault. Two Classes Provided. The classification provides two classes for oommerclal growers and florists, for the nest general exhibit of Spencers and Grandif loras, for which ' a gold and a silver medal are offered, and the test appointed table decoration, for which two trophies are offered. The classifi cation provides 11 entries for amateurs, and three for -juveniles, for which tro phies are offered. All exhibits must be In place by 9:30 o'clock on July 9, and exhibitors are re. quested to use only clear glass for vases. The exhibit will open at 12 o'clock, noon, and there w'ill be no ad mission charge. The secretary will be in attendance at the County Commis sioner's .room on the second floor of the Courthouse on July 8, after 10 A. M for the purpose of receiving entries. AH persons who Intend to exhibit sweet peas are urged to attend the meeting to be held prior to that date. George Pope, president of the Sweet Pea Society, Is one of the most enthusi astic growers of that flower In the city and has had much to do with the suc cess of the organization. The complete classification is as fol lows: Commercial Growers and Florists' See-' Mon. Class "A." best general exhibit Spen cers and Grandifloras First prize, gold medal; second prize, silver medal. Class "B." best appointed table deco ration First prize, trophy; second prize, trophy. Amateur Growers' Section. Class "A," best. vase each of purple and white without foliage when accom panied with one vase of mixed Spencers or Grandifloras, IS stems or more, self and other foliage allowed In mixed vase First prize. Elks' convention trophy; special prize, Routledge Seed Company trophy. Class "B, best eight vases of named Spencers of 10 or more stems each without foliage First prize, Portland Seed Company, grand challenge trophy; second prize, special trophy. Class c, ' best six vases or named Spencers First prize, Routledge Seed Company trophy; second prize, special trophy. Class D. best vase or 10 or more stems purple Prince Spencers Prize, J. J. Butzer trophy. . Class "E, best vase of 10 or more stems White Spencers Prize, J. J. But zer trophy. Class F, best five vases of 10 stems Pleotee edged Grandifloras Prize, J. J. Butzer trophy. Class "G." best vase of 10 or more stems Red Spencers First prize. trophy; second prize, trophy. Class "H." best vase of 10 or more stems Pink. Spencers First prize, trophy; second prize, trophy. Class "I, best vase of 10 or more stems of either Purple or Lavender Prize, trophy. Class ."J." best vase of cream or Primrose Spencers, 10 or more stems Prize, trophy. Class "L." best exhibit of any variety made by any city, town or hamlet out side of Portland by a club or associa tion of individuals as such, amateur growers only First prize, Oregon in trastate trophy; second prize, special trophy. Juvenile Section. Class "A," best exhibit of one vase each of Red. White and Blue or Lav ender. 10 stems First prize, trophy cup; second prize, trophy cup. Class "B." best vase of mixed Spen cers, 10 or more stems First prize, trophy; and six special -prizes. Class "C," best water color painting does not demand the every-day response to the factory whistle, or taking one's place behind the counter or at the desk. There's another and a more remunerative way that has a strong ap peal to the average man of the city an opportunity to reap real reward for his efforts not great financial reward, but the reward of peace, plenty and contentment. It's the farm home the chance tawork in the open and for one's self rather than fnr nthpra tn nroatn cnmAt.h.ino' to SOW and to reaD. It means independence for the man who. is ready and willing to work with nature and accept the quiet of the country lane and field in place of the restraint of city employment and the hustle and bustle of the city street. And yet you might ask: "How can I realize all this?" We've a ready answer for the man who is willing to save a few dol lars each month, for our proposition to furnish you sufficient land for a farm and "orchard home is so liberal as to make it pos sible for the man of small means to do so right away. It's a tract of, say, ten acres or more down at . where natural resources and conditions for the development and maintenance of a farm and orchard home are all that could be desired. The home-maker who takes up a tract here has a combination of advantages that few sections can claim FERTIL X SOIL, PUEE WATER, WEALTH OP FUEL, DELIGHTFUL SURROUNDINGS, GOOD ROADS, SPLENDID TRANSPORTA TION FACILITIES, SCHOOL AND CHURCH, PROGRESSIVE NEIGHBORS. Ideal homesites and easily cleared. COLUMBIA ACRES lies about 2 miles west of Goble. Or., and is reached by a fine macadam road with a grade no greater than "Washington street in Portland. The prices of land.in this fertile section have not advanced one cent from their initial prices, even though COLUMBIA ACRES has shown a marked development in the past few months, which means that land here is worth a great deal more than what we are asking for it. Now and not later is the time to take up a tract. You can do so by making a small first payment and a little each month. Come in and get acquainted with us learn how easy we have made it for you to own a tract. The present prices are : - r - . $40to 60 an Acre any number of acres to the buyer. "With its many advantages, the price and the terms, we say that it would be difficult to do as well elsewhere. Our Office Open Saturday Even ings Until 8:30 Cut This Out, Sign and Mail to Us at Once. F. B. HOLBROOK COMPANY, PORTLAND, OR. Kindly send tract map and other matter pertain ing to Columbia Acres. ' Name Address i F. B. HOLBROOK CO. 214 Lumber Exchange Building SECOND AND STARK STREETS Main 5396 Phones A-7S07 L - " i of six Sweet Peas, either Spencers or Grsndiflora type drawn from n""' with foliage, on cardboard S by 10 inches-Flrst prize, J5; and five special prizes. This entry is open to any pu pil of the public schools under 18 years fAnSeexhibltors roust be either mem . .j.t. m.mhprir except din ners or asauvi. .. t v. f memDero uy -only exhibit In their DYING CHILD PLEADS daughter op womax WH SHOT VP COURT WASTES AWAY are can dren who birth, but class. All lntra-state exhibitors or associa tion exhibitors must become members to compete. Membership fee is l a year; associate membership, 60 cents a "classes "A," "B" and "C" are reserved for members only. ' Iowans at Ashland Hold Keunlon. ASHLAND, June 22. (Special.) The second annual picnic and reunion of the Iowa Society was held this after noon. In Grand Army hall Instead of Chautauqua Park, owing to Inclement weather. About 150 members and In vited guests were present. The asso ciation now numbers over 135, and not only natives but former residents of Iowa are eligible to membership. The following officers were elected for the ensuing year: President, Rev. W. A. Schwimley; vice-president, C. B. Lam kin; treasurerr E. V. Carter; secretary, W. H. Day. - The success of the stepless car on the street railways of New York has led to the placing of an order for ISO care of this type. RECORD SHIPMENT or PINEAPPLES RECEIVED IN PORTLAND. P4RT OF FOIR CARLOADS OF FBCIT, LARGEST LOT EVER BROUGHT TO THIS PART OF COUNTRY. . A.MAnnn tmit markets In the country, but in the last few "ru" " .Jf Venl market in the West. Mora pineapples dsSTuted from Portland tnr any other city on the Coast, and this in spite of tl n rect b.tm jc with Hawaii, where nearly all the Pjmppte 'come from. are now consumed in ana of the fact that Portland has no direct steamer service i L. T k- - k. rnco. and two cars are due Two carloads reaehea inis t j 'aZ t T .hi. r.rt of the country. Only This shipment of lioo crates . m-.--. - - ; shiDment of a dozen craies ' Ijn .i . two. in a day or i short time ago a shipment ot a an . i . 7S cents each, but now they sell at 15 to 25 cents, and are no longer a uxurT TWrKxtSi"lf canning 'in connection with apricots, which are now coming In season. ,,-hf m this section are grown on the Clark plantation. In Oahu. Hawaiian isla1 whichs' srb." Sf.0";?? p?.'".. i A ur part plantation's prod uct la put up In tha liquid form of nectar. and forcing the driver. Louis J. Norris, to make a quick turn. This brought his machine directly in the path of the engine, driven by Charles Pierce, who was unable to avoid the collision. Nor- ris, Gus Barks, the tillerman, and George Carlson, sustained slight abra sions. The other members of the. crew, though caught under the machine, es. caped without injuries. Grand Jury Asked to Hurry Hearing of Seattle Woman Who Fired at Supposed Son-in-Law. Pleas of a dying daughter for quick action on the case of Mrs. Anna John son, who "shot up" the Municipal Courtroom last week in ah effort to kill her daughter's putative husband, are being received by the District At torney from Seattle, where Mrs. John son's daughter is said to be dying of tuberculosis. A letter was received yes terday from Dr. C. L. Bonham, 4332 Fourteenth avenue Southeast, Seattle, who says that the daughter needs her mother's presence. Mrs. Johnson Is at the County Jail, held to answer to the grand Jury, which Is now In session. Her act followed the arrest of Avery C. Grey, a youth, who. she alleges, committed polygamy by marrying her daughter, 19 years old. when he had a wife living in Den ver. ' r.rev asserts that the first marriage has been annulled. The first wife has been sent for to determine this point. Mrs Johnson drew a revolver on Grey as he was being led back to the pris oners' box, and fired three shots Into the crowded courtroom, but none took effect, owing to the vigilance of Patrol man Long, who seized herarm. F1REMEW HAVE CLOSE CALL Nine Men Thrown From Ladder Trnck Escape With Few Bruises. Nine firemen, riding on a big ladder truck responding to a fire alarm at Fourth and Yamhill streets, yesterday morning, were thrown to the street and by a remarkable chance escaped seri ous Injury, when the big truck was struck and bowled over by another piece of apparatus. Misconduct of one of the trusty horses attached to the truck was the cause of the accident. The horse shied, throwing the apparatus off of Its track - WHY SUFFER WITH EPILEPSY FIta or Falling sickness Read the following words of praise from grateful patrons and let us mail you scores of other Indorsements. Let us prove to you that what they say of our treatment Is true and entitled to your support and belief. "This is to certify that I have been a sufferer from epilepsy for a number of years. My sister saw your ad, and advised me to try your medicine. I did so and can truthfully say It does all it claims. If not more. Believing it to be a Godsend, and that this testimony may be used to help some poor at Qicted one."FRANK STEWART, 1053 63rd at Oakland. CaL "I was cured of Epileptic Fits 14 years ago by Dr. Town's Epilepsy Cure, and have never had a fit since. I am very thankful for what he has done for me. for I know he has saved my life" WM. ANDRES, Echo, Oregon. "Your Epilepsy Treatment is no doubt a wonderful cure. My wife was afflicted over - six years. After first dose she never had a spasm. She al ways had from six to 20 fits a month, but now she Is a l.woman.' . 201-Placer St. ' Cripple Creek, Colo. Send for our Booklet. It it FREE. TOWNS REMEDY CO 709 W. Balto. 8t Baltlmere. Md. BEST ON EARTH That's Corvallis Butter the finest example of the Creameryman's art. Freshly churned and uniformly good. Made in the heart of the "Willamette Valley, the famous dairy region. 1 The coupons, packed with every roll, entitle you to a handsome set of Gold Band China. CORVALLIS CREAMERY CO. 224-226 SALMON STREET, Portland, Oregon SPECIAL NOTICE The Peoples Market and Grocery Co. whose 'premises were destroyed by "FIRE" Sat urday morping, will be open for business at 6 A. M. Monday morning at . . ( . 208 and 210 First Street 3 Doors South of Their Old Store, in Same Block The same prices' as advertised in IViday's Tele gram and Journal rill prevail all this week. Also same old phone numbers see Phone Books. Our stock will be entirely new and complete.