The Sunday Oregonian. (Portland, Ore.) 1881-current, June 23, 1912, Page 14, Image 14

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City Urged to Treat Southern
Pacific as Original Fran-
chise Applicant.
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
'. 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 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
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
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
'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."
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.
to come
see how
Oregon Sweet Pea Society to
Hold Exhibition.
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
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-'
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
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
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
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
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 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.
Kindly send tract map and other matter pertain
ing to Columbia Acres. '
Address i
214 Lumber Exchange Building
Main 5396 Phones A-7S07
- " 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
daughter op womax WH
dren who
birth, but
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.
. 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 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 .
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.
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
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.
709 W. Balto. 8t Baltlmere. Md.
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.
Portland, Oregon
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.