The Sunday Oregonian. (Portland, Ore.) 1881-current, November 19, 1916, Section One, Page 6, Image 6

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TIIE SUNDAY OREGOXIAX, POIIYLAXD, XOYE3IBEIt 19. 191G.
DOUBLE LIABILITY
OR BANKS DENIED
Courts of Minnesota Uphold
Stockholders Who Refuse
. to Pay Oregon Claims:
RULING CREATES TANGLE
Institutions Organized Before 1912
and After Would Be Tnder Dif
ferent Laws, as Measure
Cannot Be Retroactive.
SALEM, Or.. Nov. 18. (Special.) As
r result of a decision'of the Minnesota
Supreme Court terminating adversely
to the Oregon banking department and
ihe creditors of the Toncalla State
Hank, insolvent, the suit brought
against stockholders residing in Min
nesota to collect on their double liabil
ity, S. G. Sargent, Superintendent of
Banks, announced today that Oregon
hanks were placed in a peculiar situa
tion. The Minnesota court, in deciding that
the Minnesota stockholders in tne
Yoncalla Bank were not subject to
double liability, declared that Oregon's
constitutional amendment, adopted in
1912, imposing a double liability, was
not retroactive and that the constitu
tion of this state does not reserve the
power or privilege to alter or amend
the charter of a corporation so as to
impair its contract rights.
"This decision." said Mr. Sargent,
"makes It apparent that Oregon now
has two classes of banks, one of which
can advertise that it is backed by
double liability of Its stockholders, the
other of which cannot.
Two Classes of Stock Extant.
"Attorneys also are of the opinion
that the Minnesota decision creates two
classes of stockholders in those banks
organized before 1912those who pur
chased their stock prior to 1912 having
non liability and those who purchased
their stock subsequent to Oat time
having a possible double liability. How
ever, there seems to be a difference of
opinion on this point, as a number of
lawyers with whom 1 have talked be
lieve that the stockholders of banks
organized prior to 1912 are not subject
to the double liability, even thougi
their 'stock was purchased subsequent
to the amendment to the Constitution
in 1913.
Mr. Sargent said that the right to
collect on the double liability was not
questioned by Oregon stockholders,
pome of whom paid In full. Judgment
has been secured against others by de
fault, so tliat there has been on occa
sion to test the case in the Oregon
courts. The superintendent of banks
believes, however, that the Oregon
courts would concur with the Minnesota
court if it were presented to them.
Court Decision Analyzed.
The lower court in Minnesota, com
menting on the Oregon constitution,
-Mr. Sargent said, declared that the people-who
drafted the Oregon constitution
f.iiled to profit by the doctrine ; an
nounced in the Dartmouth College case,
sin'-e the constitution contains no en
actment authorizing thepeople or tho
l egislature to alter, amend or repeal
the articles of Incorporation of any cor
poration, and that, therefore, all char
tors of Oregon corporations are con
tracts with the state which cannot be
altered, amended or repealed without
violating the obligation of these con
tra-ts.
"This conclusion " continued Mr. Sar
gent, "was based upon the fact that
section 2. article 2, of the Oregon con
stitution contains the grant, and that
the last sentence in that section does
no give he Legislature or the people
power to change the charter which ac
crpts the grant. The only purpose of
the last sentence in that section is to
limit or curtail the power of the Legis
lature to alter, amend or repeal the
charters of municipalities or public
corporations. It does not by implica
tion give the right to alter, amend or
icpeai me .cnaners ot private corpor
ations."
DALY AIDS IN EVASION
"""onHnueft From First Page.)
sireei; bast . fiftieth street on the
east; Hawthorne avenue to East
Kleventh street and from East
Eleventh street on Division street to
East Fiftieth street on the south.
Another zone is bounded by Third
street on the west, Hamilton avenue
on the south. Corbett street to Gibbs
street, and from Gibbs street north on
Front street on the east.
The third haa Yamhill, on the south.
Twenty-fourth street on the west;
Thurman street, between Twenty-fourth
and Nineteenth streets, and Stark
street from Nineteenth to Third street
on the north. The fourth zone is
bounded by Broadway. Larrabee.
Mississippi avenue and Alblna avenue
on the west; Ainsworlh to Union ave
nue and Alberta from Union to East
Thirtieth street on the north, and East
Thirtieth street from Alberta to Pres
cott street and Union avenue from
Proseott street to East Morrison
street on the east. The Jitneys are re
quired to deliver passengers anywhere
within these districts for 5 cents.
All Old Routes Embraced.
These zones take In all the old routes
of the jitneys. A person wishing to
go to any point outside of 'those zones
or districts has to pay on an hourly
basis. Within the zones the driver
must, if requested, deliver the pas
benger .to his home.
As the system works out, it will cost
a passenger 5 cents to ride from the
West Side business district to East
Fiftieth and Division streets and 6
A CLEAR COMPLEXION
Ruddy Cheeks Sparkling Eyes
Most Women Can Have
Says Dr. Edwards, a Well-Known
Ohio Physician
Dr. F. M. Edwards for 17 years
treated scores of women for liver and
towel ailments. During these years he
f ave to his patients a prescription made
of a few weHl-known vegetable ingredi
ents mixed with elive oil, naming them
Dr. Edwards' Olive Tablets, you will
know them by their olive color.
These tablets are wonder-workers on
the liver and bowels, which cause a normal-action,
carrying off the waste and
poisonous matter in one's system.
If you have a pale face, sallow look,
dull eyes, pimples, coated tongue, head
aches, a listless, no-good feeling, all out
of sorts, inactive bowels, you take one
of. Dr. Edwards' Olive Tablets nightly
for a time and note the pleasing results.
Thousands of women as well as men
take Dr. Edwards' Olive Tablets the
successful substitute for calomel now
and then just to keep in the pink of con-
gutiqn. JQcandwlDCper'box. AU druggists.
FIRST PHOTOGRAPH OF AMERICAN AMBULANCE WORKERS
1i -v 'ST
X'P'ft &Wf-& -OrT "TA TJSl'.
f Photo by Undorwood.
Standing f Left to HI grit) Charles Fisher, New Yorkf Charles Halrd, Akron? Arthur BlMnlactkal, W llmlnsrton t Gorare M. Bolllster, Harvard? Join Mom.
roe, Tnirdo) Thomas Bafrnm, Harvard? Donald C. Armour, Yale? A. 1 no Am Brown, Arthur Graham Carry. Harvard? Cornelian Mlnant, Princeton?
Thomas W. Potter, New York? Daniel Sarsent, Harvard? Giles B. Franrlclyn. John Msarnln, John W. Clarlc. Yale? Lonrlis Hill. Harvard, la Com
mand. Sitting; .Lett to Right) Robert V. Imbrle, AN a bio art on. D. C? Henry B. Palmer, Coleman, Clark, West field, N. J.? R. Bowne Montsomery.
Princeton, and Powell Ftnton, Pennsylvania.
This is the first picture received In this country of the American Ambulance Field Service detachment recently ordered to Salonlkl from the firing
line in France. The original photograph was sent here by R. Bowne Montgomery, son of Henry E. Montgomery, a member of the New York Stock Ex
change. The places left vacant in France by the sending of this attachment to Salonikt will be taken by new volunteers recruited by A. l'latt Andrew
and now en route to Europe on board the Espagne.
cents more to ride five blocks farther
east and 15 cents to ride 10 blocks
farther east.
A passenger riding anywhere west of
Third street and south of Yamhill will
have to pay the jitney on the basis of
from $1.25 to $2.50 an hour. The same
is true of the district north of Stark
street, between Broadway and Nine
teenth street; the district south of
Hawthorne avenue, between the river
and East Eleventh street and south of
Division street and east of East
Eleventh street; in the district east of
Union avenue, between Prescott and
East Morrison streets, and east of
Union avenue and north of Alberta
street.
Solicitors Work In Streets. '
The jitney union started the plan
working yesterday by putting so
licitors on the streets. They called out
the destination of the jitneys as they
came along and aided in loading them
up. On the return trips the drivers
picked up passengers as of yore.
The public was confused yesterday
regarding the new plan, and those who
have been patronizing jitneys did so
yesterday with a feeling of uneasiness,
because of fear that it was going to
cost thcrrw more than 5 cents.
It is expected the patrons will be
come acquainted, with the fact that
the jitneys to comply with the taxi law
have to make deliveries of passengersto
their homes for 5 cents, if asked to do
so when the home is in the jitney zone.
This requirement will prove a boom
erang, a
Xon-lTnlon Men Lose Out,
The new scheme is the Invention of
the Jitney Drivers' Union, and there
fore the non-union jitneys, of which
there are many, were practically shut
out in the cold. The price set to join
the union and get the benefits of the
arrangement is $25.
When Commissioner Daly approved
the scheme and established the new
taxi zone system there was a general
rush of jitney drivers to get taxicab
licenses. Before the city license office
closed at noon 30 of the drivers who
have not' had taxi licenses up to this
time signed up.
The test case to determine the right
of the Council to force the Jitneys to
submit to franchise regulation will be
threshed out in the Circuit Court prob
ably early this week.
When the new jitney operation
started yesterday afternoon Patrolman
Bender arrested S. Adler, who was one
of the first drivers to go out. He was
taken to the poHce station, and because
of confusion he was released. The po
lice did. not interfere any further.
GRAND PRIZE RACE IS FATAL
(Continued "From First Fe.se.)
cox." name. Aitken s time, credited to
Wilcox, was 4:42:47.
Three Shatter Old Record.
The winners of the first, second and
third places all made averages better
than the former grand prize record of
77.22, made two years ago on the same
course by Eddie Fallen.
Those finishing- after Aitken, their
times and average speeds, were:
Cooper, second. 4:48:o9; average, 83.z.
Patterson, third, 5:09:38; average,
78.13.
Roads, fourth: time not announced.
Rickenbacher, driving- for Weight
man, who withdrew, and Cody were
flagged while running.
Only Six Survive Race,
Eighteen drivers started, but only six
survived. Mechanical trouHes caused
most of the withdrawals. Eddie Pul-
len. holder of the former grand prize
record, turned, over on the second lap
but he was uninjured.
Darlo Resta, winner, of the "Vandef-
bllt cup race Thursday and of last
year's grand prize race, withdrew on
the 18th lap on account of mechanical
troubles, after leading at the fifth.
Wilcox, officially the winner of the
race, was in first place when he was
relieved in the 20th lap. by Aitken. who
never lost first position. Wilcox asked
early In the race that he be relieved by
Aitken, but officials denied permission
until the 20th lap.
Race Becomes Endurance Test.
As the drivers continued to drop out,
the race resolved itself into an endur
ance test, with the Tesult dependent
upon freedom from accidents to the
place winners who ran In their finish
ing order from the 30th lap until the
end. 'a
Cooper, who finished second today,
and Roads, who came in fourth, fin
ished in like poslvipns in Thursday's
Vanderbilt race.
Jackson's fatal accident was preceded
by a minor one, which officials said
might have weakened his car. Early
In the race. Jackson's car Jumped the
curb on the turn where later he was
killed, and ran on to the interurban
railway tracks, some distance from the
racecourse. He changed a wheel when
he reached the pits, and little atten
tion was given the accident.
Jackson was chauffeur for a motion
picture actress, and the car he drove.
his friends said, previously had been
used in scenes In which Jenkins, as
"camera man," bad photographer,
ylfnfififWiftf.'riiWftHfVi'ivii i u-!iient"- iviTnlW1T - -.a...... 'jCA.I VjM'f --fi .iiHrrfti i4nr-' w .-,n-i.nr t i , i n i ir f w mi ,. fcn.riw
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WATER RATE PROTESTED
REALTY HEX SAY PORTLAXD IS TOO
HIGH IN CHARGES.
Manufactories Are Not Induced to Come
to City, and Effort to Get Reduc
tion Will Be Made.
At a recent meeting of the Portland
Realty Board A. C. Callan raised the
complaint that some industries are be
ing led away from Portland partly on
account of the unduly heavy water rate
charged manufacturing establishments
in Portland. He contended that other
manufacturing cities of the country
were doing better by the factories.
even though they operated their water
systems under handicaps not felt in
i'ortland.
As chairman of the committee ap
pointed by President Taylor to inves
tigate the situation. Mr. Callan on
Friday made his report to the Board.
Following the report the Board on
motion instructed the special commit
tee to present their arguments to City
commissioner Daly at their earliest
opportunity.
Several members of the Board also
volunteered to recite Instances of the
abuse of the inspector system which
applies to residences, and the commit
tee was also requested to complain at
the City Hall on this score.
The water rates for the next year
are to be decided within the next two
or three weeks, and the realty men
are planning to insist that the Portland
rate, which now . charges factories 10
cents per 100 cubic feet of water for
the first 20,000 cubic feet, and 8 cents
per 100 cubic feet above that amount,
be cut to a point at least as low as the
charge made in other cities.
Mr. Callan's report follows:
"It Is interesting .to note that our
competitors in dtiex to the north and
east of us afford their manufacturers
a considerably lower rate than we of
fer. For comparison, Seattle is a good
illustration, as they operate under a
gravity system similar to what we
have in Portland. Attention is also di
rected to the lower rates charged by
Cleveland, Milwaukee. Buffalo and De
troit, which have their water supplied
principally through pumping plants.
"Only 'Gets-It' f6r
Me After This!"
It "Gets' Every Com Every Time.
Painless. Nothing More Simple.
"I'll tell you what, I've quit using
toe-eating salves for corns. I've quit
making a package out of my toes with
bandages and contraptions quit dig
ging with knives and scissors. Give me
GETS-IT' every time!" That's what
When Yoa See Thus Pretty Ctrl tn Your
Druggist' Window lt' s Good Time
To End Your Corns.
they all say the very n at tisne they
us-e "GETS-IT." It's because "GETS
IT" Is so simple and easy to use put
It on in a few seconds because there
is no work or corn-fooling to do. no
pain that shoots up to your heart. It
gets your corns olf your mind. All the
time it's working and then, that little
old corn peels right off, leaves the
clean, corn-free skin underneath and
your corn is -gone: io wonder mil
lions prefer "GETS-IT." Try It to
niRht.
"GETS-IT" Is sold and recommended
Dy aruggisis everywnere, -j.be a bottle,
or sent on receipt of price by E. Law
rence & Co.. Chicago. 111.
Sold in Portland at all stores of The
uwi urue o.
WANTED TO BUY
BEANS
Any Kind, Any Quantity.
Will pay highest cash market price,
Simon's Salvage Store
Flrtt end Alder Streets
WHO WERE SENT TO SALONICA FROM FRENCH FIRING LINE.
l t -41 t t v
which are quite expensive In operation
compared to the gravity aystem.
"It Is also Interesting to note that
the rate at San Diego, ClOL. Is 8 cents
per 100 cubic feet, regardless of quan
tity, and this In spite of the fact that
their operating cost is excessive com
pared to ours. Buffalo and Detroit ap
parently have given some study to
helping the smaller manufacturer by
eliminating as far as possible any over
head that would be In excess when
compared with competing manufaetur
lng cities.
"Your committee finds rates charged
by other cities are considerably less
than those charged In Portland, and
for your Information we present the
following, showing rates charged in
other cities:
"Cleveland Flat rate of 4 cents per
100 cubic feet.
"Milwaukee Flat rate of 4icents
per 100 cubic feet.
"Detroit First 4000 cublo feet. 4H
cents per 100 cubic feet; all In excess
of above amount, 2 4 cents per 100
cubio feet. .
"Buffalo For first 3000 cubic feet.
4'4 cents per 100 cubic feet; all In ex
cess 1 Vj cents per 100 cubic feet.
"Bridgeport, Conn. Averages from
4Vi tents to 34 rents per 100 cubic
feet.
"Salem, Mass. First 40.000 cubic feet.
r
A tpriBfkoutt in
NOTE: It is impossible to tell a package of 10
ciarettef of all Turkish tobacco for 5 c. Not that
this Turkish tobacco costs more than Virginia, but
because duty, ocean fightt marine insurance and
expensive handling charges must be added to the
cost of all Turkish tobaccos. But Piedmonts,
made of highest-grade Virginia tobacco, have none
of these valueless expenses. All their value is in .
each cigarette.
1 4
4 -
l
I ...
10 cents per 100 eublc feet, with
graduated scale to 100,000 cubic feet
after which charge Is & cents per 100
cubio feet.
"Chicago Also flat rate of 6i cents
per 100 cubia feet, subject to discount
of 25 per cent if paid in SO days.
"St. Paul Flat rate of S cents per
100 cubio feet.
"Kansas City For first 20.000 cubic
feet 11 cents per 100 cubio feet, then
graduated scale to as low as 6 2-10
cents per 100 eubio feet.
"Pittsburg Flat rate of 5 cents per
100 cubio feet.
"Spokane Flat rate of 7i cents per
100 cubic feet.
"Tacoma For first 20.000 cubic feet
6 4-a cents: each additional 100 cubic
feet. 3 1-5 cents.
"Seattle For 'first 30.000 cubio feet
6 cents per 100 cubic feet; all water
In excess 4 cents per 100 cubic feet.
"Portland For the first 20.000 cubic
feet of water 10 cents per 100 cubic
feet; for all over 20,000 cubic feet
water 8 cents per 100 cubio feet."
Ilwaco Couple Married.
IIWACO, Wash.. "ov. IS. (Special.)
William Arthur, Ron of Mr. and Mrs.
W. B. Hawkins, and Anne Elizabeth
daughter of Mr. and Mra. Jacob John
son. were married at the Methorlis
VVO--"-A '
. ,
U Virginia
ef.nrii.w:
A if t )
iVrr.-5
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? M .ill
1 1 i ii ir-
GRAY'S
Special
Of the most wonderful styled Ladies' Suits
and Dresses. The stock comprises the better
models of the most noted designers in this
country and Paris. We are able to give you
assurance of good quality materials and de
pendable garments in every way. "We have
too much stock and give these special reduc
tions, that we may turn stock into money, even
in the face of great advances in the prices of
materials. Come Monday and get your share
of these splendid offerings.
All $35 and $40 Suits and Dresses at S27.50
All $45 to $50 Suits and Dresses at. .$36.50
All $60 Suits and Dresses at $45.00
All $65 to $70 Suits and Dresses at. .S51.50
All $75 to $S5 Suits and Dresses at. .$59.50
All $S5 to $S0 Suits and Dresses at. .$87.50
All $100 Suits and Dresses at $71.50
All $125 Suits and Dresses at. .... . .$85.00
No Charge for Alterations
Store of Style and Quality
R. M. GRAY
Cor.. Washington and West Park
Church parsonage on Tuesday morn
ing by Rev. J. Thomas Cowley. Imme
diately after the ceremony the young
couple left for Portland, ' where the
honeymoon will be passed, after which
they will reside here, where the bride
groom Is engaged In business.
rioncfr of 1843 Dead.
TACOMA. Wash., 'v. 18. Thomas
McUain Chambers, w.n crossed the
plains in 1S4S with his parents. Mr.
and Mrs. Thomas Chambers, of Tennes
see, settling in Thurston County, and
afterwards In Pierce, Is dead at his
home In Roy, aged 82. He was a vet
eran of the Indian Wir of 1855. His
mother was a cousin of Andrew Jack
son. AVornout rail are sent abroad to be
made up Into immitlAnn of wnr.
Eig Cut in Price of
MAZDA and
TUNGSTEN Lamps
10 to
40-WattoC
l.amDS
ame laonp others sell
for 27c. N'o extra charge
for frosted lamps.
H. VV. Manning Light
ing A supply Co.J
6th St.
Phone Broadway 2311.
1
i Tift -j. r iii ii
Sun-bathed Virginia
birthplace of cigarettes
Tobacco experts agree that under the
bright, warm flood of Virginia's sunshine
grows the finest-quality cigarette tobacco in
the world.
It is the highest-grade Virginia tobcco
that Piedmonts are made of they're ALL.
Virginia! Golden in color; mellow as
Dixie's sun.
The pleasing zest that means character in
a cigarette is plain in a Piedmont, as soon
as you light one.
VIRGINIA TOBACCO PAYS NO DUTY ALL.
THE VALUE 13 IN THE CIGARETTE.
'A package of Piedmonts,
An AIX Virginia cigarette
H . n j
ZheXigaxette of Quality
lO for
C4lsoTacked
20 for- lOK
Sale
GOOD TEETH
' J"
f 5 '!
MEAN
Good Health
AND A
Good
Dentist
DR. B. L WRIGHT
You can have only ona set of nat
ural teeth. Give them tho best care.
A bungling: dentist will cause more
trouble than he cures.
My 20 years experience ar.d ac
knowledged skill is at your disposal
at moderate prices.
Painless Extraction of Teeth.
DR. B.E.WRIGHT
XorthwfMt (ornfr Mxflt 4tnl
Vahiuton. urthnrnt UulldinjK.
rhenfM Main 2110, A 11A
Office Jluiirn k A. M. to tt 1. M.
Ioibmu station fr'rre.
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