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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (June 7, 1914)
13 STATE IS SOVEREIGN, SCENE AT FLAVEL WHEN FIRST FILE WAS DRIVEN FOR NEW NORTH BANK TERMINALS, AND OFFICIAL WHO PRESIDED. is not always the nisest man ivho succeeds in this world, bu$ the fellow who uses tlie wisenpss he has is the one who brings home the bacon. PAINLESS PARKER. SAYS F. S. GRANT Increase in Oregon's 1913 Pro duction Is 200 Per Cent. I Appeal To Thinking Ex -City Attorney Declares , That Municipal Home Rule Is Limited. MUCH QUARRYING IS DONE THE SUNDAY OTtEGONIAN. PORTLAND, JUNE 7, 1914. 1GIS GROWING M W OTHER DECISIONS CITED Point Made That City Is Entitled Only to Make Itftwa Wlier No s( General Act by Common. i. . wealth I In Conflict. In the opinion of Frank S. Grant, ex- City Attorney, many perplexing prob lems will arise from the decision of the State Supreme Court last week IV the Knapp case, in which an important point In regard to home rule was de cided in favor of municipalities. "The state constitution," says Mr. Grant, "gives to Incorporated cities the control and management of their own affairs, even to the extent, if desired, of legislating: within their borders, without limit, exclusive of the state. But this provision of the constitution must always be construed in connec tion with the other fundamental laws of the state; and whatever may be the literal import of this provision of the constitution, it cannot be held that the Sate of Oregon has surrendered its sovereignty to the City of Portland to the extent that it must be deemed to have perpetually lost control over it; this the state cannot do, and a judicial Interpretation, to this effect would be a recognition of the Independent right of dissolution upon the part of the state and would be 'sovereigntial sui cide and in violation of article IV. sec tion 3 of the Federal Constitution, which article prohibits the creation of a state within a. state. Decision. Illustrates Point. "In Straw v. Harris. 6 Ore., the rule Is expressed: Municipalities are but mere departments er agencies of the state, charged with the performance of duties for and on its be half and 'subject always to its control. The state, therefore, regardleaa of any declara tions lu Its constitution to the contrary, may at any time revise, amend, or even re peal any or all of the charters within it, subject, of course, to vested right and lim itations otherwise provided by our funda mental laws. Thlaj under the constitution as it now stands, may be done by the Leg islature through general law only and the same authority may be invoked by the peo. pie through the initiative by either general or special enactments ; only the Legislature being inhibited from adopting the latter method. "Municipal legislation must always be purely municipal in character, but the difficulty which will continually confront municipalities, under our present system of government, will be that of distinguishing between matters purely municipal and matters of gen eral state concern. The recent case of Duniway v. City of Portland, 133 Pac 62. serves to illustrate this point. Un der the old charter of the City of Port land the matter of elections was gov erned by the state law, but under the new commission charter the preferen tial system of voting was adopted and it was urged upon the court that this method violated the state law; but the court held that municipal elections were matters of purely municipal con cern. Municipal Decision Cited. "In Nottingham v. the City of Port land, 58 Ore. 1, the Legislature in 1907, by a general statute, gave an appeal from an order granting a new trial. The Portland city charter provided for an appeal from a reassessment to the Circuit Court and further provided that the jury should view the property as sessed and its verdict would be final as to the benefits assessed. The jury disregarded the instructions of the court anad a new trial was granted and the city attempted to appeal from that order, but the Supreme Court held that the charter was complete in iself upon these matters, which were purely municipal in character. "Where, however, the state, acting through its Legislature, or though the people, by the initiative, assume con trol over a subject, be it state or mu nicipal in character, the state act will supersede any city charter or any city ordinance. To illustrate: The Legisla ture adopted a uniform system for the regulation and control of public serv ice corporations throughout the whole state. The charter of the City of Portland confers express power upon the Council to fix rates that may be charged by public Bervice corporations, operating wholly within its boundaries, and the Council, acting under that au thority, undertook to fix rates that streetcar companies could charge for the transportation of passengers. Jose Bean Rules. "Judge Bean, of the Federal Court, held that the act of the Legislature superseded all municipal charters in conflict or Inconsistent therewith. The City of Grants Pass attempted to fix the rates that should be charged by a public service corporaron. In that city, furnishing electricity. Judge Bean made the same ruling In that case. He held that the public utility is a general law. and that it was the desire of the Legislature to assume general control over the entire subject of regulation. It may be claimed that the regulation of rates is not purely municipal, but such contention is not well founded, because the regulation of rates that may be lawfully charged by & corporat ion owning and operating a publics utility, wholly within the boundaries of a municipality, furnishing no serv ice outside the city, is purely munici pal in character. While the election of officers Is municipal in character, the city could not provide a different meth od of registering voters; because the state has assumed general control over that matter: nor could It provide a dif ferent method of governing publio schools. "The Oregon motor law which was construed in the recent decision of the Supreme Court, herein referred to, is a general law, applicable to all munici palities and, in -my judgment, the state intends, by this enactment, to assume general police regulation over automo biles and all other vehicle traffic; note the language of the act 'the purpose, object and intent of this act Is to pro vide a comprehensive system for the regulation of all motor vehicles in this state.' The state has the right to do this, notwithstanding the provisions of the constltuion hereinbefore referred to. If the City of Portland can disre gard the mandate of the people of the State of Oregon, acting through its representatives, the legislative assem bly, as expressed in said act 'Local authorities shall have no power to pass, enforce or maintain any ordinance, rule or regulation . . . contrary or In consistent with the provisions of this act, Criminal Liw Subject to State. . "It may provide for matters wholly and totally Inconsistent and different from the provisions of the state law. Tt may make unlawful and punishable, by ordinance, that which is lawful un der the state law. This the Legislature intended should not be' done, but it de sired a uniform regulation over publio service corporations. Then, again. It must be borne in mind that the Oregon K v XW'mU 'Jhwu Mb- "4 ff v V4T -tOSr r ft , SH CROWD GATHERED AHOUSD DERRICK A'D PRESIDENT OILMAN SPEAKING. Pile drivers pounded persistently at Flaval yesterday on the new bulkhead and retaining wall begun there Wednesday as a part of the great North Bank rail and steamship terminal. "William Gerig, assistant engineer, in charge of the work, said that by the first of next week the entire enterprise will be in full swing. The main pier will extend from a point almost directly in front of the old Flavel Hotel, out into the river a distance of 600 feet. The dredge North Bank is at work taking sand and earth out of the river Immediately in front of the pro posed pier and pumping it into the shallow space behind It. L. C. Gilman, president of the North Bank, and other officials of that road, who attended Wednesday's festiv ities, are pleased with the progress made by Guthrie & McDougall, the contractors, in getting the work under' way. - motor law is a criminal law, within the meaning of State vs. Baxter (49 Ore., 353), and all municipalities, in amend ing their charters, or enacting laws, do so subject to the criminal laws of the State of Oregon. The Council could say to the owner of every vehicle using the streets of Portland, you must not display on your vehicle any numbered piate, Dut simply a plate with your name and address If you do you will be subject to a fine and imprisonment. The state law says a plate with nu merals thereon shall be placed on all motor vehicles, and for failure to so do the owner is subject to a fine and Im prisonment. What law would the owner obey in such a case? The same conflict could arise in 100 different instances. "The boundary between state and municipal powers, under our constitu tion, or local and special municipal jurisdiction, is a difficult one to mark. The true rule is that wheer it appears. by general statute, that the purpose of the Legislature is to provide a uniform system throughout the state for the control and regulation of public mat ters all charters and ordinances in con flict or inconsistent with such general results are amended or superseded. "Any other rule will bring about a condition of chaos and will result In carrying local self-government to ex tremes. There are governmental pow ers, the just exercise of which are es sential to the happiness and well-being of the people of a particular city, yet which are not of a character exclu sively appertaining to the city gov government. The protection of life and limb. In a state or division thereof. Is a governmental duty which devolves upon the state, and not wholly upon municipalities, and the state may, in its sovereignty, impose or delegate It; but it can always be withdrawn, and such was done by the enactment of a uniform system of regulations over vehicles." ' SErs. Simon's Funeral Today. Funeral services for Mrs. Anna Simon. who died lu St. Vincent's Hospital Fri day, following Injuries received when she Jumped from the Ford-street bridge Wednesday, win be Held at 10 A. M. to day In Holman's chapel. Interment will be in Beth Israel Cemetery. Mrs. Simon attempted suicide during mental derangement attributed to insomnia. She was the widow of Samuel Simon. She is survived by her son, Nathan Simon, and a brother, Rabbi Jacob Bloch. Japanese Burt try Flail From VTagon. T. Okaws, a Japanese farmer. 4S years old. sprained his ankle yesterday when be feu from a wagon while driv ing to the . publio market. He was taken to the Good Samaritan Hospital. OAKS EVENTS ' MANY Something Doing Every Day During Festival Week. DANCE TO BE FEATURE Electric Parade and Other Attrac tions of Friday Night to Bring About Postponement of TJenal Dally Programme. " Given fair weather, the Oaks Amuse ment Park promises to enter quite largely Into the festivities of Rose Fes tival week. The calamity of last year, when the park was almost flooded and water was a few inches from the board walk, is not likely to occur this year, say weather and river prophets. With the exception of Friday night, the night of the electric parade, the Oaks will offer a complete programme every afternoon and night during theJ WUTU. laero win uq iirugruniaa of any kind at the park Friday night. Flrewerks Display Planned. Tuesday, the opening day of the Fes tival, will be especially marked at the Oaks by the first' of two fireworks dis plays. The pyrotechnics will begin at 9 o'clock, immediately following the band concerts in the new open-air am phitheater. They will last for three quarters of an hour and will be fol lowed by the musical comedy, vaude ville and other 'free entertainment fea tures. Thursday night will see the official Rose Festival ball, but this will not Interfere with the dance at the Oaks dancing pavilion or with the free en tertainment features .which will be carried on at the same time. On Saturday night, the day after the Festival, to give a special entertain ment feature to those passing the week end In Portland, there will be a sec ond (ire-works display, quite different from the first and not on quite so elaborate a scale as the more gorgeous and expensive one Tuesday. Dally concerts during the week will be featured by McElroy and his band at 2:30 and 8 o'clock. After a brief Intermission there will appear in quick succession Montana Bill, the cowboy singer, who is a per sonal friend of Louis W. Hill. The Ha waiian Troubadors with a number of new songs, several other vocal num bers, and motion pictures and the bill will conclude with "The Rounders," an amusing little musical comedy by the Frank Rich company. The musical and vaudeville numbers will be accompanied by the big ID-piece American orchestra, the largest theater orchestra in Portland. BERRY BOX IS PUZZLE Market Inspector Tells of Work Dir. Ing Past Quarter. - Because of different standards for the size of berry boxes in Washington and California and the lack of any standard in Oregon. Portland is getting a miscellaneous assortment of boxes during the present season, according to a statement Issued yesterday by K. D. Jones; city sealer of weights and measures. Mr. Jonea has recommended the adoption of a berry box standard for Portland to correct the present troubles. In hla statement Sealer Jones gives a summary of the Inspection work of his department during the last three months. It is shown that 967 sets of scales were inspected of which 41 were condemned; 84 ordered repaired and 842 sealed as being correct. Of 169 weights inspected only seven were con. demned. ' A campaign was conducted during the quarter against Inaccurate auto matic tanks and pumps. Out of 137 Inspected nve were condemned and 28 ordered repaired. Mr. Jones says that Inaccuracies generall were in favor of the dealers. Of 601 liquid measures Inspected during the quarter 68 were condemned. MEETING OF IRISH CALLED Funds for Celebration Reported Coming From Other Nationalities. All the committees of the Irish-American Fellowship Club will hold a meet ing at Alisky Hall, Third and Morrison streets, Tuesday. D. W. Lane, of tne publicity committee, announced yester day that the collection of funda for the home rule celebration Is meeting with great success. Contributions have been received not only from the Irish themselves, but from many Celtic sympathizers. t I EIGHT "ROSES" IN THE ROUNDERS," MUSICAL COMEDY Ol'l'ERlNO FOB FESTIVAL "WEEK THE OAKS AMUSEMENT PARK. AT Ktix- n.i .iuuiMSMI, .1 UIIWHM..I. JPII.IIJ.. Jto " - ""1 , S. U'IIL : 1 : H V' l-V l'-; a( ! v..f ;!l ; tJ s E-r,,,.T.,, ., raam.,. . . , ,. ... 7HB 8tXSHrNIl CHORUS" Ilf THE FRANK RICH CO.HPAJiY. Valuable Coal Deposits in Coos Bajr District Reported! On and Series of Publications Are Schedw nled to Appear. An increase of 200 per cent la the mineral production of the state for 1913 was reported at the first annual meeting of the Oregon Bureau of Mines last week. The total production of the year was worth $2,000,000. The increase was due largely to, the growth of hard-rock mining, says the Commission, which de clares that the mining Industry of the state has arrived at the most stable stage of its development.. . Recent publication by the Commis sion of A. M. Swartley's contribution. "What Is the Matter With the Mining Industry?" Is given credit for much valuable aid for the industry. The coal deposits of the Squaw Creek coal basin of Coos County has been re ported upon by a party in charge of Ira A. Williams, of the bureau staff. This field had not been touched by the United States Geological Survey, and the report based upon it is expected to have a great economic value in the coal development of the state. A supposed coal deposit 85 miles east of Roseburg which was filed upon by 20 applicants who were making large expenditures in its development was reported by Ira A. Williams to be ob sidian, or worthless volcanic glass, closely resembling some varieties' of anthracite coal in appearance. The second issue of the "Mineral Re sources of Oregon" was devoted to a study of the quarry possibilities of Ore gon building stone. Since its publica tion, four quarries have been opened. which were previously idle. Including the Pioneer sandstone near Newport, which was years ago used In the con struction of the Call building in San Francisco; a black marble deposit at Enterprise; a granite at Ashland, and the Cooper sandstone near Roseburg. "Others probably will follow as neces sity demands, says tne Commission, "but those already opened at consid erable expense should be given .the patronage of public contract, in order that they may be able to keep up a continuous production. There is no question whatever . about the quality and attractiveness of any of these Oregon building stones." The third issue or the bureau publ; cation was a comprehensive reconnais sance of the John Day basin with re spect to its coal, metal, oil and arte sian possibilities. Aside from these publications, the bureau has solved a slime treatment problem which renders an Important mining problem a success. The list of publications scheduled to appear in the present year is as fol lows: Drainage of Willamette Valley Farm Lands, now In press: Geology of Por tions of Jackson and Josephine Coun ties; Report on Part of the Baker Quad rangle, Baker county; Portland Ce ment Materials In Oregon; Mines and Prospects of the State; Report on the Sumpter Quadrangle, eastern Oregon; Papers Relating to the Clays and Clay Products of the iJtate. It has become necessary to increase the size of the edition of the Bureau Journal from SG0O to 4000 copies large ly in response to an" Eastern demand from those who desire to become in terested in the Oregon mining industry. BOOK TELLS RICH HAULS PICKPOCKETS, SENT TO ROCKPILK, MAKE $13 DAILY A VERAUK. Fair and Kestlval Sekedule Fovsd Then and Tickets Skonlas Long Trie's Over Kotthnest. The private account book of three pickpockets, who were sentenced yes terday by Judge Stevenson to 90 days each on the rockplle for vagrancy, showB that In the past 23 days they gathered funds to the amount of $548 and expended $253, making a net gain of $-95. or at the rate ofynora than 313 a day. They were K. S. IJeardon, a man of several aliases, who is known in his business as the Gorilla; Harry Martin, alias Hill, and Prank Smith, alias George Baker. The record in their book shows that the largest day's In come In that time was (177, June 4, at Independence, Or., and -the next largest. (122, in Walla Walla. Most of the profits were found on their persona, the total funds taken from them by the police being $260. Detectives Swennes and, Pat Moloney, who arrested them Friday as they left an Oregon Electric train, found on them a list of all fairs and festivals on the Pacifio Coast this year and a miscellaneous collection of tickets. showing their trips from town to town In the Northwest and In California. All have police records, the most ex tensive of them being that of the Gorilla who Is said not to have been arrested since 1900. He is said to liave passed through Portland four times since 1900 without detection. His latest police picture received by the ' local bureau is dated 1900 and is somewhat different from his present appearance. Moloney recognized htm from the pic ture. Five attorneys were In consultation to defend the men. EAST SIDE ROUTE REFUSED Streetcar Company Finds Portion of Street Not Dedicated. Because it has been found that a portloa of East Twenty-ninth street on the course of the proposed cross-town streetcar line on the East Side Is not dedicated as a street, the Portland Rail way, Light & Power Company has failed to accept the cross-town fran chise granted about two months ago by the City council. Tbe final date for acceptance expired last week. The company, through President Grif fith, will seek now to get a franchise for the cross-town line over East Thir tieth street to Hawthorne avenue, eliminating East Twenty-ninth street from the route. The proposition will be put up to the crosstown committee of East Side clubs within a few days. Trainmen to Hold Services. Annual memorial services of the Or der of Railroad Conductors and the Brotherhood of Railroad Trainmen and auxiliary organizations will be held at 11 o'clock A. M. June 14 in the Knights en an V .'I J Six weeks ago I opened my Portland office on the second floor of the Merchants' Trust Building, Sixth and Washington streets. Tt is the sixth Painless Parker office on the Pacific Coast, and the largest and best equipped dental establishment in the Pacific 'Northwest, having 16 chairs and costing more than $15,000. But it is not large enough and more room has been seenred and will be fitted up at once: Is not this a flattering compliment to Painless Parker dentistry? Many Oregonians, who had been patients of mine in California, where there are five Painless Parker offices, have come into our Portland office and also sent their friends. The best advertise ment is a satisfied patient. This is an age of specialization in all the arts, sciences and trades, and I have raised dentistry out of a petty larceny business by the modern methods of organizing, systematizing, specializing and advertising. No one man can be a specialist in all six branches of dentistry, because each branch requires a different kind of skill. My offices are departmentized and a specialist in extractions does nothing but take out teeth, while another does nothing but make artificial teeth, etc. And every operator is a graduated, licensed dentist of experience. Because we are specialists tve are surer and more rapid in our work than if we were general practitioners. The "old school" method of "howl-and-cuss"' is a thing of the past in my offices. Twenty-five years ago I originated a local anesthetic by which we perform all operations without pain to the patient. I make this myself and it is used exclusively in my offices. I have taught my associates, how- to use it, but not how to make it. It is not a general anesthetic like "gas" and ether, but is applied around the teeth in the paridental membrane, not 'in the gums. It is without danger to the most delicate of health and leaves no bad after effect. Teeth can. be crowned, filled and extracted and nerves removed absolutely without pain. It cou tuins no cocaine, and we do not use arsenic in any operations. At some time in life every man, woman and child needs the services of a dentist. The sooner diseased teeth are taken to a dentist the less will be the cost. Hundreds neglect their teeth because of the fear of pain in a dentist's chair. I don't blame them. But could I have built up my large business, extending from New York to San Francisco, unless I did what I-claimed high-class painless dentistry at a price within the reach of all? No intelligent man or woman can come into my office and go away a skeptic. I have the names of over 700,000 persons in all parts of the country on my dental register. I convinced them that I can make good my claim, and I can convince you. Office hours, S:o0 A. M. to ti P. M. Consultation and examination free. We save out-of-town patients money because we do our work more rapidly than under old-style methods. M.new book on the care C the teeth sent free by mail. PAI NLES; PARKER Sixth and Washington Streets PORTLAND, OREGON Los AsaelrM. Balterafietd. San I'rflBrlirft. Brooklyn, . Y. Ssn Dleae. Oakland. of Pythias Hall, on Alder street be tween Tenth and Eleventh streets. Fol lowing the programme the members will -go to the cemeteries, where -they will decorate the graves of the de ceased members of the organization. RESOLUTION IS TABLED Discussion to Be Held on Policy of Hiring Married Teachers. Although a committee of the Oregon Civic League recommended yesterday at a luncheon of the leaqie at Mult nomah Hotel that the league adopt resolutions requesting the School Board to change Its policy regarding tbe non employment of married women as teachers, the league tabled the reso lution until next Saturday, when the subject will be given consideration. The question of adoption of the res olutions was about to be put to the main body when objection was made on the ground that the league should consider the question in all its phases first. The feature of the luncheon was an address by W. S. U'Ren, who outlined his platform and policies In connection with his candidacy for Governor. If It Is the skin use Santlseptlc Lotion. Adv. 'k think oi f"1 ML . p being able fr to buy a large ;: ? ml size, absolutely . j 1 eient Camp flf t" -IV Stove for 85c! j secured DUUU ox tnese I 1 a spot-cash purchase. I 1 Mail Orders Filled We Stoves in Every one of them is new. Made iu tho design as shown in illus tration. Light and convenient to take with you on your Summer camping and outing trip. Such Stoves could not be sold regularly for less than $150! V e'll not be able to sell tnem tor such a price as 85o when this lot is sold. The greatest value of its Sale price. . . kind ever known in Portland. 85 c Come to our Store and see these Stoves, if you can. Take 'S" Car South on Third street, get off at Grant street and walk one block east. you can't come, order by phone Main 2002. Great Sale of Salvage Goods from "Water - Front Fire Continued lf 'Tie Tn s? Busfers" Cor. Front ad Grant Sts. j 4