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
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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