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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Sept. 27, 1914)
.' : THE t'SU?fDAT OREGONIAN," PORTLAND, SEPTE3FBER 27, 1914. BILL IS EXPLAINED WOMEN WHO WILL HAVE PART IN" SPECIAL EVENTS AT MANU HERO, WHO HIRES LIVELY PRESS AGENT, SHINES IN MERRY FARCE THAT DELIGHTS NEW YORK FACTURERS' AND LAND PRODUCTS SHOW. ' "It Pays to Advertise" Scores Instant Hit, Ramifications of Son Learning Business Keeping Audience' in Uproar; of Laughter "The Bludgeon," by Paul Armstrong, Is Criticised for Having Murder in Third Act Instead of First "Miss Daisy" Pleases. " Effect Upon Water Frontage Cleared by F. W. Mulkey. t s y i : STATE RIGHTS HELD FIRST 1 jf f Amendment's Influence Tpon Fac 5 rr- U r j tory Sites and Farmers' Docks as Well as Those of Cities Fully Covered by Advocate. , 12 A - : try . uh - V.I ?ff I ' . V t " " 11 . . . . 1 . 1 ii iJ Kit i jlj , j - 'I If 1 " r-?, ll - ? I s g I y He q rd in . . ; VWT- J I I 3 j-s- ' t -1 t f I l ' v - -" A ' v I ' '-jpwv I ' ' I''1 vjf - '. y . jj 1 1 t w y'tl H - . I,-K fV;- y1 i HHMSIHMa : V , " ' f.y 5 ,:. iy - SI I L; jX f to v : "j'C II" il , - It 1 1 'St..LlLZ..? .-. V y.-y ?, II- Br LLOYD F. LONERG AN. EW YOPK, Sept. 26. (Special.) "It Pays to Advertise," the first ol the season's offerings at the Co han Theater, is a business play by R. C. Megrue and Walter Hackett,-who have sought fame before. Three acts are required f or . the development of the story. They pass in two scenes, two acts in the office of a man of wealth, anxious to awaken ambition for busi ness in the mind of his son, and the other in his son's rooms. . This rich father conspires with his secretary to fire the spark of business interest in his son. It Is ine result of this in spiration which the spectators at the Cohan last night were invited to laugh at. How the son, with the aid of a press agent, spread the- fame of his particular soap over the country until hi3 father could escape nowhere the recital of its wonders, the manner of his deception by a lady of title and the heroine's subsequent marriage with the hero, who has shown all this busi ness enterprise these were the princi pal incidents in the new play.' This thread of the story "It Pays to Advertise" had been ingeniously treat ed by the authors, who turned out the most amusing farce of the present season. For two acts the friendly audience at the Cohan Theater were kept in constant laughter. The efforts of the young man. his advestising man ager, who has resigned the post of press agent of an unsuccessful musi cal play to be his assistant and the former paternal secretary, to carry on a business on the basis of publicity only proved one laughable scene after the other. Any audience, whatever its mood, must have been grateful for so much hearty amusement as the playwrights provided. x -Actinic Is Capable. The acting of the farce was admir able. Grant Mitchell as the son pre served his appropriately guileless man ner, but varied it with the necessary pretense of business activity, while "Will Demlng, as his agent of publici ty, added potently to every opportuni ty that the playwrights had given him. Louise Draw as the spurious foreign countess, pretending to desire to invest In the new enterprise, but really seek ing to cash a bogus heck, . rattled French with a velocity that rivaled Ime. Yorska in her inspired moments. then fell into the vernacular with - a Broadwoy accent that explained her ex cuse for speaking French, because her l.ngllsh was so bad. Ruth Shepley was the comely sec retary and filled, as she always does. every exacting demand in the matter of looks. John Cope as the rich father and Kenneth Hill as the booby son of his rival were other effective figures of the play... . . . . Play With Manic Seen. "Miss Daisy," by Philip Bartholomae, the author of two recent pleasing farces, is at the Shubert Theater. It is described on the programme as "i new play with music,'" and the de scription fits. It has already been seen in Boston under another title and there it was declared to be a novelty. The author has departed from the usu al scheme of musical comedy so far as choruses go, but he provided .a long cast of both men and women who are ready at the proper time to help out Lhe soloist, and each of the half-dozen men and women who would ordinarily have been the chorus were cast because they were capable of being principals. The plot was about as thin as is cus tomary in the usual musical pTay. As in " Tillly's Nightmare." " The Road to Yesterday" and several other plays, Daisy Hollister went to sleep In the first act after the charity ball. By clever stage craft she appeared to occupy her bel, which remained on the -etage, while the action of the act took place. She met the Duke of Tormina who was in "search of a wealthy Ameri can wife Then the dream ended. .- The two folowing acts took place with the heroine s eyes open. Dnring the action of the first act the various characters made their entranc es and exits via the orchestra pit, reaching there through the orchestra entrance to the stage. The variation no V 5 . r- &! Si t H s ? y . v -a S 4 if f ylj" f rf, Sfy-V. yy S yy ' - i I o f y? V:; ' 1 . 1 pi I " 1 I ? t I 4 iT? t -' 'vt. ' pnj . WljSy3iy&yjJw.gyy; ( V y ? I 7 ?y j - yyyyy 5- 1 - y y y: yi y yyx SS'fcGW'' y V - t -1 J . 'y V of the "Sumurun" runway pleased th ; cured ; in - the. first act '; instead ' of the audience and offered the novelty they third, were looking for. "Tie Bludgeon's" Murder Late. Paul Armstrong - has been particularly- succeeded with war plays of the underworld. In "The Bludgeon," now at the Maxine Elliott Theater, he hasj departed from this theme, but not with very happy results. Despite the change of environment from the "underworld"', there was a murder, which although perhaps justi fied, might have been mora heartily approved by the audience if it bad oc- Irene Krendorr is married to a chem ist,, who. has made money, but cannot giye his wife the luxuries-she demands. They have a ten-year old - daughter. After he has Jef t for a few 'days' busi ness trip he returns unexpectedly, to find his wife in the "arms of. Stoney Brook, a society Idler. The lover con f esses at the point of . a revolver and is allowed to go, and the guilty ..wife suves her life by demanding that her husband remember their daughter. She had already told Van Duaen,' who ia 80 years old, that she only had a child to use as a bludgeon against her hus band. -The outraged husband, for the sake of his daughter, agrees to allow bis wife to obtain a divorce. The lawyer friend of the husband. Hillman, believing that Evendorr Is guilty of misconduct with his wife's maid, and In .love with Irene, the wife, obtains the divorce and arranges that the alimony. is so large that the former cannot come into the state of New York. Then he marries his client and loses the friendship of his friends and busi ness associates. . l)ead Blamed for Crime. The third act, supposed to be seven years later, is .the one of the murder. Irene, now for . seven -years Mrs. Hillman. quarrels with her husband. and In his absence Is visited by her former husband, who wants to see his daughter. The audience has thought her hard and mercenary enough, but to- give good measure she telephones to the police to have him -arrested for arrears In alimony. Then comes' the first lover, Brook, who has been serving time in prison and who wants money, but -who does not get It. But he finds the husband and tells him the truth and' when his wife confesses she Is promptly shot, by the second husband she has deceived. To end it all prop erly Brook, with' the pistol and money furnished by the murderer on his per- 5on, Is killed by a motor truck, and quite naturally the police decide that he is ' the murderer. Then there Is meeting of ' the father and daughter, who has remained loyal to him throughout. - - Koseburg Cliild Attacked by Cow. ROSEBURG, Or., Sept. 26. SpeciaL) Attacked by an infuriated cow, Lester Russell, the 3-year-old son of Mr. and Mrs. Ralph Russell, of North Roseburg, was seriously injured Thursday night. The child was trampled and thrown violently, against a fence, but will re cover. ' PORTLAND, Or.. Sept. 26. (To the Editor.) In a letter published In The Oregonian September 20, Mr. Coovert asks me to answer certain designated questions concerning the proposed waterfront constitutional amendment. At the -outset I take opportunity to note that Mr. Coovert says he has no client who is a waterfront owner. This being so, I feel that I owe Mr. Coovert an apology for questioning his motives. This apology I now most cheerfully, thus publicly, accord him. Henceforth, I shall treat Mr. Coovert as a gentle man as free from ulterior motive in this discussion as I, myself, am. It shall be a discussion between gen tlemen who differ as to what consti tutes a wise public policy, and as to the construction and effect of a pro posed constitutional amendment. The first question submitted to - me is: "What right would the state or city have to construct a. dock between a shore owners' low-water line and navi gation line without compensation, even though the shore owner had never erected a dock?" Other Cam Are Cited. I answer: The state would have as much right as Mr. Bowlby had to con struct a dock, under the wharf act of 1862, in front of Mr. Shively's land at Astoria. The second question is: "Will Mr. Mulkey answer what effect the passage of this amendment will have on shore owners' title on the Willamette River; also where such owner has paid several hundred thousand dollars for water front property, say below the railroad tracks on the West Side and reaching from the bankfull stage to low water, and has never erected a struc ture thereon will the measure con fiscate it?" I answer to the first part of the question the measure, in regard to the shore owners' title, will leave It Just where it now Is a title subject to the paramount rights of navigation and commerce.- I answer the second part of the Question as follows: That the price paid for land between the bank full stage and low water or its loca tion as East or West Side would In no way release the title of the owner from the paramount rights of naviga tion for commerce either under the ex isting law or under the measure. If the measure passes such an owner would lose his right to wharf over the submerged land of the state's navigable water in front of him. This would render the shore owners' property less valuable than if the measure did not pass, because until the measure pro hibits the same a shore owner can sell not only his shore land, but his unused franchise granted under the wharfing act of 1862. Property R-larativ DUcaHMd. The third question is: "What will become of the title and thousands of dollars worth of water lots in the waterfront of Portland, platted be tween low-water line and harbor line, upon which no structures have been built? What about the many valuable unimproved lots in Scow Bay. in As toria, platted between the low-water line and the harbor line? Will these be confiscated?" I answer that, in my opinion, by the ruling In the Pacific Milling & Elevator case there Is no private title to the soil under the navi gable waters of Oregon below low water mark at Portland or Astoria Persons having rights beyond low water at Portland and Astoria have a title only in the sense that they have exclusive right of possession under an unused license or franchise against every one but the state. The basis of this right is the wharfing act of 1862. The passage of the measure will thus revoke an unused right; the state would no more confiscate a title than it confiscated a title of an upland own er at Astoria when it passed the tide land act of 1872; neither the Supreme Court of Oregon nor the United States Supreme Court regarded the tideland act of 1872 as confiscatory. . Before the tideland act of 1872 up land owners had platted into navigable water beypnd the high-water mark. They had no right to treat the prop erty of the state, that is, the land be yond high-water mark as their abso lute private property. Low Water I.aad No Granted. Neither has a shore owner the right now to treat the property of the state that is, the land beyond low water mark, as his absolutely private prop erty. The fourth question is, "If the state is prohibited from the disposing of any more lands below the bank-full stage, what will become of all the unsold, un developed tide lands on our navigable streams near the CoastT In connec tion with this question Mr. Coovert ex- plans "the state will never go Into the diking, business and no one will go to that expense unless he gets title. I answer that unsold tide lands will remain the property of the state. They will be lands analogous to timber land in the National forest reserve. There will be a heritage for future genera tlons. If the need for their develop ment becomes critical, the state can change its policy. It certainly Is better policy than that or the past when 60 odd miles of tide lands at one legislative swoop got into the hands of a railmad company. Factory Sites Questioned. The next question Is, "If a manufac turing concern desires to locate on the waterfront of the Columbia River for mill or other purposes requiring large waterfront area, if this measure passes on which side will they go, on the Oregon or Washington?" I answer that most of them go to Washington now, because they say they can't get water front property in Oregon at such a rea sonable price as will enable them to do business in Oregon. If the measure passes, cities will be relieved from hav ing to 'pay enormous prices for dock sites. The funds thus saved will enable them to obtain factory sites on the up land adjacent to municipal docks, thus furnishing cheap sites for manufac turing plants adjacent to municipal docks and warehouses furnishing mod ern facilities. The Bush terminals In South Brooklyn, while not publicly owned, show-the drift of manufactur ing plants to sites in proximity to eco nomical water terminals. Farmer' Rights Involved. The fifth question Is. "Will the farm ers along the Willamette River, who for 50 years have shipped their pro duce from docks and mud landings be low full-bank stage, be compelled here after to lease this privilege from the state?" I answer that the farmers abutting on the Willamette River or on other navigable water of the state will not have that privilege; that. In my opinion, they do not now have it beyond low water mark. But If the measure passes such abutting farmers w nam . i VMM , r rcy7if llf C z cz esrs Co y,i y '"I ii e: ess-Sty: PLANS GROW APACE Manufacturers' and Land Products Show Dates Set. methods of shipping produce over their mud landings, together with all other farmers of the state not abutting on navigable water, and who, if they now want to ship produce over mud land ings, must. If required, pay the farmers claiming to own mud landings beyond low water mark for the privilege, would have to assemble their produce in the cities and towns. This would be an incentive for cities and towns to install modern and eco nomical water terminals to take care of the business. The result would be that handling costs would be less. The farmer now shipping over mud land ings would find his charge for water transportation less because river boats would not have to stop at every farm for a box of apples or a sack of po tatoes. Depots Would Follow. The farmer wanting to ship by water would find that the case. It might Just as well be insisted that railroads abolish their freight depots In the Wil lamette Valley and have farmers de posit their produce on the right of way In front of their farms. The sixth question is, "What about seining grounds along the Columbia River, heretofore purchased from the state, that change every year by accre tions would they be deprived of their accretions and be compelled to lease from the state In order to operate their seines?" My answer Is that the rights to accretions to such seining grounds would be the same under the measure as now. The only Justification for the doctrine of accretions Is that every proprietor whose land Is bounded by a stream of water is subject to loss by the same means which may add to his territory; and as he Is without remedy for his loss In this way, he should not be held accountable for his gain. The amendment Is only directed against the acts of men exercising governmental power, not against the processes of na ture. Courts' Povrera Limited. The last question is, "What is the meaning of the clause in the measure to the effect that no Judgment or de cree of any court will ever divest the state of Its ownership in trust? Is it not an attempt to place the vicious ef fect of the measure beyond the aid of the law of the land as administered in our courts of Justice?" I answer that the meaning of -the clause is that it is an attempt to place beyond the power of the courts of the State of Oregon the right to say that the state can divest itself of a high sovereign power, that la, the power to exercise a paramout right for the ben efit of commerce and navigation. However, the clause is not without precedent In the Jurisprudence or con stitutional history of the United States, for by the 11th amendment to the Con stitution of the United States the peo ple of the United States did the same thing. They prevented the Supreme Court of the United States f rorri dealing with a specific sovereign right- They said that the Judicial power should not extend to it. . F. W. MULKEY. HOOD RIVER SINGERS AID WEDDING DASH BANKRUPTS Mothcr-in-Law Is Sued for Bride groom's $4 0 00 Gift. NEW STORK. Sept. 20. Desiring to have the biggest wedding ever held In Brooklyn. Samuel D. Isaacson, so he testified yesterday In the Un. ed States District Court, gave 14000 to his bride's mother. Shortly after that he vent Into bankruptcy. Warren L Lee, trustee In bankruptcy, is suing the mother-in-law, Mrs. Han nah Friedman, No. 526 "Vest One Hun dred and Twenty-third street, to re cover the 84000. Italians are jnakln; their own moving- nlpmraa with KlloW TT1ll-lrA1 W 1 1 f'f . that as now resort to the antiquated Jforelgu films are in little demand. One Act or Tlie Mikado,' Costumes and AH, to Be JPreseutcd Two Baby Shows, One Old-Fasli-ioncd, Are Arranged.' The special events to be held daily at the Manufacturers and Land Prod ucts Show in Portland from October 26 to November 14, Will comprise every thing from a eugenic baby, show to opera. Hood River singers plan to pre sent "The Mikado." costumes and all. F. W. Hild, chairman of the special events committee receives notification daily from organizations that they will take part in helping to provide enter tainment for visitors to the big expo sition. Multnomah Circle of the Women of Woodcraft has appointed committees for the old-fashioned baby show. They will be assisted by circles of the city and vicinity. In the old-fashioned baby show, only Oregon-born Infants may compete. Babies unde.- 3 years of age and over 3 months will be eligible. The old-fashioned- baby show will be held October 31. Two Haby Showa Planned. For the better babies' show. Mrs. A. Feltz, president of the Oregon - Con gress of Mothers, will appoint commit tees at once. Entry will be free In both baby shows. Prominent physi cians of Portland will be Judges In the eugenics events, and for the pretty babies. Judges 'will be selected from tho out-of-town exposition commissioners.- The West Side Fruit and Flower Mis sion will have a day at the exposition. The mission will have a booth, showing the work of that organization. The Knights and Ladies of Security have set aside October 2S as their day. The committee in charge is composed of Dr. A. K. Higgs. of the Selling build ing; M. G. Sanders, of 594 East Twen tieth street; Mrs. M. L. Johnson, secre tary; Miss Lotta Hoch. of 928 Missis sippi avenue, and Mrs. Ida Schatz, of 335 Clay street. Germana te Celebrate. Arrangements are under way for a big German day and night with many organizations taking part. The com mittee appointed by the special days and events committee, is headed by Dr. Dammasch and Mr. Otzenheimer, of tho Scandinavian-American Bank. This committee expects to make a full re port of its programme in ,a few days. The Oregon . Historical Society, through its board -of directors, at a quarterly meeting last week, indorsed the Manufacturers and Land Products Show and detailed George H. Hlmes, as sistant secretary and curatur, to ar range to exhibit articles from Histor ical societies and museums and to take part in the several lectures and talks to be given in the free lecture room. The Oregon Industrial Leacue has ap pointed L. Samuel. Frederick Hyskell, W. C. Gunter, W. II. Morris, C. M. Mlken and Chester Hoge to plan exhib lte and entertainment for Oregon In dustrial League day, November 3. Spe cial features, including an Oregon luncheon, will be given on that occa sion. Idaho lire Prevention Day Set. LEWISTON, Idaho, Sept. 26. Spe ciaL) Governor Haines has designated October 9 as Fire Prevention day. and a proclamation calling the attention 'of the people to the observance of this day has been received in this city. October 9 is the 43d anniversary of the great Chicago fire. Householders aro expected to observe the day by cleaning up the nremises.
