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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Jan. 18, 1920)
8 T1IK SUNDAY OKEGOMAX, 1'01ML,AM, JANUARY 18, W0 OF LAW ARE w. B. Shively Gives Review of Authorities. REALTY BtJARD ADDRESSED Los Angeles Ordinance, Upheld by Eederal Supreme Court, Cited as Example. BY W. B. SHIVELY. Chairman legal committee Portland Realty Board. Is a zoning ordinance a valid exer cise of the police power? r It should be stated at the outset that no attempt here is made to dis cuss the zoning ordinance proposed to be adopted' in the city of Portland. This article is confined to a review of the leading authorities on the general subject. It ia first necessary to define what is meant by the police power. Our own supreme court in the case of Stettler vs. O'Hara, 69 Or. 519, said that police power is merely another name for the power of government which it is the duty of the govern ment to exercise whenever policy de mands regulation to guard the public morals, safety, health and welfare. In State vs. Bunting, 71 Ore. 2o7, the court saitU "Police power extends to all great public needs. It may be put forth in aid of what is sanctioned by usage or held by the prevailing morality or strong and preponderant opinion to be greatly and immediate ly necessary to the public welfare." The supreme court of the United States said in Lawton vs. Steele, 152 U. S. 122 38 Li. Kfi. 385: The state may interfere wherever the public interests demand it, and in this particular a large discretion is necessarily vested in the legislation to determine not only what the public interest requires, but what measures are necessary for the protection of such interest." Large Authority Conceded. In Kubank vs. Richmond, 226 U. S. 137, 57 L. Ed. 156, the supreme court further held that "the police power of the state extends not only to regula tions which promote the public health, morals and safety, but to those which promote the public convenience or the general prosperity." Under the police power the courts have sustained laws regulating rail ways and various businesses, provid ing for the public supervision of bawdy houses, regulating and prohib iting the liquor traffic, requiring dis eased cattle to be slaughtered, reg ulating the construction of buildings, prohibiting child labor and regulating that of women, prohibiting deceitful advertising, prohibiting wooden build ings in cities in fact every law looking to public safety, morals, wel fare and prosperity is justifiable as an exercise of this government func tion. The precise limits within which the police power may be exercised have never been defined and possibly never will be for progress constant ly creates new problems and con ditions, rendering necessary its exer cise. In determining whether or not a zoning 6rdinance is within the police power, the first consideration is; Does the ordinance cover a subject reasonably connected with the public safety, health or morals? Would the passage of such an ordinance tend to promote the public welfare, the public convenience, or general pros perity? Supreme Court Ruling Cited. If the court should answer these questions in the affirmative, then, according to the decision, the ordi nance, if otherwise fair. reasonable and not discriminatory to be sustained. would have The supreme court of the United States has passed upon almost the Drecise Question in no uncertain terms. In the case of Hadacheck vs. Se bastian, 239 U. S. 394; 60 L. Ed. 348, the suDreme court construed an or dinance of the city of Los Angeles dividing that city into 25 industrial districts and one residential district and excluding -certain specified bus lnesses from the residential district. Among the businesses thus prohibited was that of conducting a bricK vara. Hadacheck owned a lot within the residential district containing valu ahle deposits of brick clay. He at- temDted to operate his brickyard notwithstanding the passage of the ordinance, whereupon he was arrestea He then attacked the constltutlon- alltv of the ordinance. The question finally reached the federal supreme court, which upheld the ordinance as valid, holding in ef feet that the Dolice power is not re stricted to the suppression of nuis ances but extends to the regulation of business and the use of property. and that when a region surrounding a brickyard has become primarily residential section and the occupants of neighboring dwellings are seriously inconvenienced, a prohibition of the business in that district would be upheld as valid. Public's Good Paramount. "But." argued Hadacheck, "I pur chased this land long ago, when it lay outside the city limits. No one ever believed the city would ever ex- i tend that far and no residences were then near me. For brick-making pur poses this land is worth $800,000, while for residential purposes it is worth not to exceed v60.000. I have spent years of labor and thousands of dol lars in building up a plant and equip ment for the manufacture of fine brick. My businesses not a nuisance there are no noises and no odors emitted therefrom and except possibly for esthetic reasons, no one can be offended by it. It would be most un fair and unreasonable at this time virtually to take this business from me." The supreme court, however, refused to consider such an argument and upheld the ordinance. To hold otherwise, said the court, "would pre clude development and fix a city for ever in its primitive conditions. There must be progress and if in its march private interests are in the way they must yield to the good of the com munity." A somewhat similar question was passed upon in Keinman vs. Little Rock, 237 U. S. 171, 59 L. Ed. 900, wherein an ordinance was construed which prohibited livery stables in the business portion of Little Rock, Ark. In upholding the ordinance the su preme court said: "It is clearly within the police power of that state to regulate its business, and to that end to declare that in particular circumstances and in particular localities a livery sta ble shall be deemed a nuisance in fact and in law. . . . And so long as the regulation in question is not shown to be cle. rly unreasonable and arbitrary, and operates uniformly upon all persons similarly situated in ?ne particular district, the district It self not appearing to have been arbi trarily selected, it cannot . be judi- POWERS ZONING DISCUSSED OREGON MASONIC AND ciously declared that there is a depri vation of property without due proc ess of law, or a denial of the equal i protection of the laws." BoHton Cane Recalled. In Welch vs. Swasey. 214 U. S. 91, 53 L. Ed. 923, the supreme court of the United States upheld as constitu tional an ordinance of the city of Bos ton dividing the city into two dis tricts. In district A the height of buildings was limited to 125 feet and in district B to 80 feet. ,The supreme court held the ordinance to be valid. In Gaston vs. Thompson, 89 Ore. 412, our own supreme court held that every property owner holds his prop erty subject at all times to the right of the state to regulate and control his use of it "in compliance with rea sonable rules designed for tne safety and convenience of tle public." There are many other decisions of state courts, but for -want of space these will not be cited. There is little doubt that a zoning ordinance, prop erly drawn, reasonable nd fair in its provisions, which is neither arbitrary nor discriminatory, would be upheld. The point to attack such an ordinance through the courts would be to show its terms unreasonable and its clas sifications discriminatory. For those opposed to the proposed local ordinance it is important to keep in mind that the city commissioners, according to the decisions, are the sole and exclusive Judges of the ne cessity for the ordinance. Once the ordinance is enacted that question is conclusively settled and the courts can not and will not inquire into it. State vs. Bunting, 71 Ore. 257'; Cusack vs. Chicago, 242 U. S. 546; 61 L. Ed. 472; LRA 1918 A 136. REALTY BOARD IS GROWING APPLICATIONS FOR MEMBER SHIP READ AT MEETING. Campaign 'With Reduced Initiation Fee Will Be Continued. Dur ing Early Weeks of 1920. A score of applications for mem bership in the Portland Realty board received first reading before the board at its regular weekly luncheon and meeting Friday noon, the appli cations being the first fruit of the j recent membership campaign inaugu- I rated by the organization. A. R. ' Ritter of Ritter-Lowe & Co. is chair man of the membersnlp committee and read the application for member ship. . A week ago It was decided to in augurate a membership campaign, to continue throughout the early weeks of 1920, and it was voted to reduce the initiation fee during that time from $25 to $10. Mr. Ritter was named to head a live membership committee, and a considerable addi tion to the board is expected as a result of the campaign. Those de siring to join the board, either as active members or associate members, should communicate with Mr. Ritter or with J. W. Crossley, secretary of the board, whose office is on the sec ond floor of the Henry building, it is announced. The following list of applicants for membership was read Friday: Active members Neuhausen & Co., McClure & Schmauch company, R. R. Pownder, Otto & Harkson Realty com pany, Mitchell Ripper Realty com pany, F. Rierdon, E. A. Buck, L. A. Baker, C. T. Steward. Brown & Riddle, H. A. Dryer, C. E. Brown, R. H. Tor rey, Harvey Wells, White Realty com pany, George L. Hurd and L. J. Lamb. Associate members Harold J. War ner and Carl" B. Wlntler. Two additional committees were announced by President Fred W. Ger man at the meeting Friday, as fol lows: City planning committee Jj0. El rod, Herman Von Borstel, Dorr Keasy, Frank McGuire, J. G. Rainey, Coe A. McKenna, L. E. Carter, J. Fred Staver, A. R. Ritter and Herbert Gordon. Committee to aid in sale of season tickets for the Alcazar theater Herman Von Borstel, George Engle hart, F. E. Taylor, Frank McCrlllis, J. J. Jennings, R. B. Cleveland, Frank McGuire. This crmmittee has been working for a week or more, aiding in the campaign for the local musical comedy company, but not officially announced until Friday by the presi dent. HOOD BUILDING PROJECTED Fine New Garage and New Munic ipal Structure to Adjoin. - HOOD RIVER, Or., Jan. 17. (Spe cial.) Early prospects of the Colum bia river highway, paved from" Port land to Hood River, continue to stim ulate the city to the greatest building activity noted in ten years. Harry T. DeWitt, a pioneer automobile man. owner of one of the city's largest ga rages, has announced the contemplat ed construction of a new garage 100 by 100 feet on Oak street, between First and Second. The new building, two stories high and with a mezza nine floor, will be leased to another motor car concern. The Baldwin-Swope Construction company, recently organized here, will be the constructors. The sales and display room of the new garage, it is declared, will be one of the most artistic in the northwest. Floors will be of white tile and the furniture of white wicker. The city of Hood River is planning to erect a new city hall and home for the fire department on a lot adjoin ing the location of the new garage, and the dividing wall probably will be constructed as a party, wail. EASTERN STAR ORDERS PLAN AIRPLANE VIEW, SHOWING PROPOSED HOME PLANS COMPLETED STATE MASONIC LODGES TO HAVE ELABORATE RETREAT. Best of Cure to lie Taken of Aged Members of Oregon's Va rious Lodges. The Oregon lodges of Masons and Eastern Star will, at some not far distant date, possess a state home for aged members second to none In the entire country, acording to plans sub mitted to the committee in charge by W. C. Knighton, the architect, at a session Friday evening. The home will be located upon a plot of 28 acres near Forest Grove, purchased by the lodges last June, and upon the main Portland-Forest Grove high way, and within easy access to the Southern Pacific electric at Eddy sta tion, and the Oregon Electric at Haynes. In the center of the drawing is shown the administration building, the central unit of which it is hoped to build this year. On both sides of this main structure are wings, six in number, which will be built as funds are available and as there is need. These will be connected with the main building by corridors. A vegetable garden is shown behind the main building, and a central heating plant at the extreme rear of the property, with a stable and garage at the up per left. These buildings will be built later as need develops. At the upper left is shown an orchard which It is proposed to plant, and at the upper right is an oak grove now standing and taken advantage of as a natural asset. Around all four sides of the property will be planted English wal- nut trees, as indicated. The home, as ultimately planned, will care for a family of over 200 Masons and East ern Star members. The central wing of "the adminis tration building, shown near the cen ter of the drawing, will be the first unit constructed. Its cost is esti mated at $95,000, and it is the hope of the committee to have the corner stone laid during the 1920 grand lodge session in June. A campaign to raise funds for the 'purchase of this wing will likely be begun shortly. The committee in general charge of the plans for the state home is composed of five representative's of the grand Jdge or Masons and three of the Vr 3 f ollows: Will Moore, Pendleton, chairman; Frank J. Miller, Albany; L. M. Graham, Forest Grove; O. P. Coshaw, Roseburg; J. S. Roark, Portland, secretary; Mrs. Rose J. Wil son, Corvallis; Mrs. Pauline Moore, Riley, and Mrs. Lena C. Mendenhall, Portland. ' HOME POPULATION IS HERE CHARACTER OF RESIDENTS AS SURES MANY HOMES. Steady Growth Attracts Class of People Who Wish to Own Residences. BY O. H. SKOTHEIM. (Chairman of the Portland Realty Board committee in charge of "Own Your nome day, Tuesday, January 20.) Why is Portland reported to have the largest percentage of home own ers among the cities of the nation? Every Portlander knows and others should know. William H. Hanby, a writer in the Sunset Magazine, makes the unqualified statement that more people to the population own their homes in Portland, Or., than in any other city, 46 per cent being the result of his investigations. It has also been definitely ascer UNITED ARTISANS' y. ' DRAWING OK v 'I At a cost of about $30,000. the first wing of a home for the aged and infirm members of the United Artisan's lodge will be erected in Portland this year and ready for occupancy by fall. The above drawing shows the wing which will be built at this time and additional wings of similar design will be put up as the years go by,the wings joining and encircling a court. The home will be erected on the northeast corner of a plot of about four acres at East Seventy-fourth and Division strep's purcHtnd by the lodge last fall. The building will be of hollow tile cool and trimmings. About so guests MAGNIFICENT STATE HOME NEAR FOREST GROVE. DEVELOPMENT OF LODGE PROPERTY. tained that the largest percentage of home ownership is found in the older cities where industrial conditions have been stabilized cities sur rounded by highly developed agri cultural sections. Portland being one of the oldest communities in the far west, with a history dating back nearly a hundred years, and with one of the oldest agricultural sections west of the Mis sissippi river, has for years attracted to itself an element of population from the surrounding prosperous farm areas, especially the Willamette val ley, in addition to the thousands of people who have come from the east ern or middle western states to spend the rest of their lives on the Pacific slope. , What are the reasons for the pres ent high percentage of home owner ship in Portland? First of all the chief reason should be sought in the character of the population itself, also In the 'fact that Portland has' never been a "boom" city, but a community of steady,, substantial, continuous growth. The character of the early inhab itants of the city Is reflected in the educational, religious and civic insti tutions of the community. Portland people have always been proud of their city. The scenic setting of Portland also makes it pre-eminently a home city. Its wonderful water supply; Its splen did position with reference to the mighty rivers of the west; its near ness to-the Pacific ocean, and also to the mountain grandeurs of the Pacific coast ranges with ' the 'intervening beautiful areas of fertile valleys make it a place where people love to dwell. An important element in the future growth of Portland and increase of the present high percentage of home ownership is the fact that the city is developing into a great Industrial center with important industries rap idly expanding and gaining momen tum, forming the basis of the home owner's faith in the permanency of his community. It should also be re membered that some of the greatest subdivisions of American cities have been laid out in Portland. It Is quite 'evident that such beautiful subdivi sions as Laurelhurst, Rose City park. Irvington, Ladd's addition, Portland Heights, Westover Terrace, and oth ers, have had the greatest importance in creating the home spirit. The "Own-Your-Home" campaigns carried on in this city will stimulate thousands of people to become the owners of their homes, and thus fur ther increase the percentage of indi vidual home ownership. Tuesday, January 20, will be ob served in Portland as "Own Your Home" day, of the National Thrift week programme being, held under the auspices of the Y. M. C. A. Realty dealers and business men generally are co-operating to get the idea of home ownership before the people. Realtors and store pro prietors have been asked to incorpo rate the thought in their newspaper advertising on that day. The plan for a "own your home" parade has been given up. due to the doubtful na ture of the weather, but the idea will h hmnrht hefore the DeoDle throusrh series of talks. President H. B Van Duzer of the Portland Chamber of Commerce will address the Rotary club that day at Its regular weekly luncheon, his subject being "Home Ownership in Its Relation to the Na tional Welfare." The topic will also be discussed before the student assemblies in the morning and at the Y. M. C. A. meet ings throughout the day. The 'dsa of home ownership will also be given expression on other days of the week, as it is planned to have members of the realty board committee give brief talks upon the subject at the various civic club luncheons throughout the week. South Krnd Club Electa. SOUTH BEND, Wash., Jan. 17. (Special.) The following officers were elected at the annual election of the South Bend Commercial club last Friday ' evening: C. H. Mills, president, and Dr. G. A. R. Stelner, vice-president. The banquet which followed was the first in- many years. HOME WILL RISE IN PORTLAND THIS SPRING. 1 ' MJ .----:'; r- V-r x STRlCTtRE TO HE HIILT BY LODGE Knd stacoo construction, California viu-ta ccouaoaa.ta. vuicuon q NATIONAL BUILDING ACTIVE 7 08 PER CENT GAIN RECORDED IN MONTH OF NOVEMBER. But Eight Cities In Entire United States Show Decrease In Con struction Activity. A gain of 708 per cent is shown in the amount of construction for which permits were granted during Novem ber, 1919, compared with November, 1918, according to reports received by "Building Age," New York, direct from the building departments of 212 cities. Only 8 cities reported de creases, 204 having enjoyed increased activity. Figures are $153,774,287 for November, 1919, as against $19,020, 723 for November. 1918. Government restrictoins were still in force during this period last year, not having been lifted until November 21. The total i. umber of permits grant ed in the 212 cities during November. 1919, was 32,644, an average value of $4741. The number of permits grant ed during November. 1918, was 13,730, the average value being $1385. The percentage of increase in the number of permits quoted is 138. Eastern cities show a gain of 7&2 per cent. 78 out of 81 cities report ing gains. Cities in the middle states show 634 per cent gain, 67 cities out of 59 reporting gains. Southern cities show 302 per cent gain, 43 out of 45 cities reporting gains. Western cities show 543 per cent gain, 26 out fo 27 cities reporting gains. Material prices have risen consid erably. The lumber market shows In creases almost' dally, $5 to $15 in creases being not uncommon. This condition is due to the fact that there is a big demand for buildings of all kinds, combined with a shortage of materials. Decreases in the near fu ture are not looked for, as every in dication points towards higher prices, during 1920 with conditions approach ing a boom. TRACTOR SALE IS TIMELY Orchardist Who Has Just Lost Horse Visited by Salesmen. HOOD RIVER. Or., Jan. 17. (Spe cial.) R? A. and H. G. Hartshorn, brothers engaged here in selling trac tors, have cashed In on the old prov erb, "It's an 111 wind that blows no body good." In their list of prospects the salesmen had the name of W. W. Foss, an east side orchardist. When they called at the Foss home Mrs. Foss directed them to a barnyard, where, she informed them, they would find Mr. Foss skinning a horse. One of his team had Just been Injured and he had to kill it. The brothers lost no llme in closing a saie. Hartshorn Bros., who have sold four tractors the past week, do not disdain to "swap" a tractor, accepting a team as part pay. An exchange of a big team of draft horses figured In one of their deals. ASOTIX USES ARMY TRUCKS Assignment of Vehicles Is Surprise to Commissioners. LEW1STON. Idaho, Jan. 17. (Spe cial.) The county commissioners of Asotin county, Washington, are using four army trucks for which they paid only the transportation charges from the barracks at Vancouver. The trucks' came as a surprise to the commissioners, who had put in a requisition without really expecting results. Three of the trucks are of the one-tont'pe, while the fourth is a huge four-ton truck. They are now being used in road construction, one being given to each of the four road districts in the jounty. OX EAST SIDE. mission architecture, white with red worn expected to start in April. ORDNANCE BENEFITS ARE SEEN Removal of Restrictions Held Big Advantage. - NEWELL PREDICTS RISE President of City Planning Com mission Says Amendment aa ' Needed Will Be Easy. BY J. P. NEWELL, President of the City Planning Commission. While many misstatements have been circulated concerning the pro posed zone ordinance, it is impossible for any fair investigator to overlook the following facts: 1. This ordinance removes many more restrictions than it creates. 2. It will increase, the values of both business and residence property. 3. It does not confer any new pow ers upon the council or planning com mission. 4. It can be quickly and easily amended when and where the growth of ttje city requires It. First The proposed zoning ordi nance' divides the entire city into numerous districts or zones in each of which property may be put to certain prescribed uses without the trouble of a special permit and with out any restriction. Under the pres ent law anyone desiring to use his property for a public garage, dry cleaning establishment, amusement park, dance hall, skating rink or wood or fuel yard must apply for a special permit and the adjacent property owners must all be notified. A hear ing is held and If there is no objec tion, the permit is granted within a reasonable time, but if there is op position the council decides In accord ance with the best Interests of the community. SOO Lota Now TJaed. There are In the city today 800 50-foot lots, by actual count, devoted to the above and other business uses of class V, which is the "general business" classification of the pro posed zone ordinance. To take care of the immediate future," and until added to by amendment, neighborhood DroDertv owners and the commission have recommended that a total of 5000 lots be put in class V for these uses, or six times as much space as is now so occu-pied. Does this loon like "refusing to let business grow?" These class V districts are well dis tributed throughout the city, where existing centers have started, and each one provides ample space, gen erally several times as much as that in use at present, for immediate growth. It will be the policy of the commission to expand thse districts as fast as necessary to keep up with growth, in order to prevent any pos sible holdup of prospective investors. The commission expects growth and hopes to find it necessary to make frequent addition to these districts In every part of the city. Under the present law anyone de siring to build a stable, blacksmith shop, boiler shop, sheet metal works, brick yard, stone or chinaware fac tory, junk shop, paint mixing factory. lumber yard, planing mill, packing house, wood-working factory, oil tank or sales room, saddle factory, wool pullery. dog pound, hide warehouse or creamery must go through the proc ess of having adjoining owners of buildings notified, a hearing before the council and obtain a special per mit, with probable opposition and de lay, and possibly final refusal. . Interference la Removed. The proposed zone ordinance pro vides for these and other industrial uses the equivalent of 35,000 lots in class VII districts. The investor within one of these areas will have no delay in obtaining a permit and no danger of a refusal. More than that, he will forever after be free from any interference from adjoining residents who complain of smoke, soot or noise; and all street, sewer and other improvements in his vicinity-will be made solely with an eye to the best interests of himself and his neighbor industries. This will be of great benefit to industrial de velopment in Portland. There are now in the city 3000 lots in use by hotels, apartments and flats. . In the new ordinance 16.000 , lots are designated where such build- ngs may go. There are now in the city 2400 lots in use for retail stores and other uses of class III. The new ordinance provides 6300 lots for these uses. In other words allowance has been made for a very large Increase in Dusiness and apartment buildings. Extensions can be made in addition as the adjoining owners desire them. The proposed districts and boun daries have been drawn after much consultation with citizens acquaint ed with the needs of each community, amended by neighborhood meetings, and further amended on individual pe tition by the planning commission and the council. Thus they repre sent the best judgment of a large number of property owners as to thC most suitable location for each kind of business. Ninety-nine per cent of future applications to build will then be found to be in locations already assigned to the use desired, requiring no special permit and hear ings as at present. The applicant will get his permit immediately from the building inspector and will meet with no delays and no opposition. IluKlneM House Needed. Second The greater part of the area of any city must be used for residence purposes. Little clusters of business houses are needed at short intervals throughout the residence districts in order to supply local needs, but they can by no possibility use more than a small portion of the total residential area. Around every existing business center or district there is a neutral territory which, on account of the intrusion of busi ness, has become less desirable for residence property and where rents have fallen in consequence. In course of time these properties also will be required for business and will recover their lost value. Anything which will reduce the amount of land In this transition state, or shorten the period during which it remains there, will be of general benefit. The city is dotted over with small stores and shops which have ' been started In unsuitable places or barely managing to exist, to the neighbor hood loss of both proprietor and com munity. ' Around each of these stray buildings residence values are reduced while no business value is created. They multiply greatly the damaged area already described and increase the time during which every part of It must remain adversely affected. Under the proposed regulations new businesses will be confined to prop erty reasonably near to existing busi nesses. Growth, while equally rapid, will be orderly and the area of prop erty unfavorably affected will be much less and its recovery much quicker. Business will be kept where it can be most conveniently and prof itably conducted, and property wiU be worth more because the users can afford to pay. more for it; also, resl - dence values will be maintained until j tne time when the property In needed for business. New Powers Not Given. Third The city council can confer no new powers on itself. In the pas sage of a zoning ordinance the coun cil merely announces its intention to exercise by a regular and orderly pro cedure powers which It has always possessed and frequently partly ex ercised, though usually not until ex perience of evil results has shown, in each case, the necessity for protec tion. There are some 30-odd uses of property which have for some time been forbidden except by special per mit of the council. This list has been added to, one by one, to meet the emergencies which have grown up through a long period of years. In each case in the past a group of property owners, damaged by the intrusion in their vicinity of an ob jectionable business, have sought re dress and found none. The council, after hfcaring their complaints, has taken warning and passed a special ordinance to prevent a recurrence of the particular trouble. This zoning by special ordinance is unsatisfactory because of the difficulty of giving proper consideration to all the inter ests involved, and because of uncer tainty as to when and how action will be taken. It is now proposed to use foresight instead of hindsight, to provide protection before the harm Is done, instead of after. Fourth While the present zoning plan provides, in general, areas suf ficient for the business of the city for a number of years to come, it un doubtedly will be found in some cases necessary to enlarge the business dis tricts. It will also be found that the growth of the city will be different in some respects from that which is now anticipated. An easy method of amendment has, therefore, been pro vided, the machinery for which can be set in motion by any property own er acting alone and without expense. which will in no case be more, bur densome than the present process of obtaining special permits. ' ISO IctitlonN Received. The land area comprised in the city limits is approximately 63 square miles, equivalent to 250,000 standard 50-foot lots. Since the submission of the report by the planning commis sion, 180 petitions for changes in pro posed district boundaries have been received, representing about 500 lots, or one-fifth of 1 per cent of the total area of the city. Favorable action has been recommended by the com mission to the eouncil on most of these petitions, and they will no doubt be granted. Of those refused, there Is lacking, in ajmost every case, any thing to show that the adjacent prop erty owners ccmsent to the change. The chief purpose of a zoning ordi nance is to promote the interest of Improved property rather than of the speculative vacant lot. It is designed to protect the home-owner, rich or poor, from the unnecessary or prema ture intrusion of business or indus try, and on the other hand to provide large districts wherein industry may be 'free from disturbance or conflict with residence interests. E SALES EXPECTED BIHR-OAREY COMPANY l.OING AFTER BUSINESS. S. L. Suvldge Assumes Duties of Sales Munager and Has Great l-'aith in I'uture. As an opening volley in the 1920 battle for business, the Bihr-Carey company. Railway Exchange build ing, last week prepared over 5000 letters for mailing to clients and prospective home buyers throughout thecity. The local realty firm, which specializes in home properties, ex pects a heavy business in homes this year, according to the members of the firm, and the sending out of the let ters is one of a series of advertising features planned. S. L. Savidge, who has been asso ciated with the realty firm since November ai a salesman, has been placed in charge of the company's business as sales manager, having recently assumed nis new duties, and wll direct the firm's campaign for the sale of city homes'. Mr. Savidge is a construction engi neer and came to Portland two years aso as construction engineer for the J. A. McKachern company, in the building of the Jl, 000, 000 wharf and dock for the St. Johns terminal. He recently went into the realty busi ness. Mr. Savidge will be remem bered by followers of athletics here as an All-Northwest player in 1908 on the university of Idaho football team. During that year the team played several times on Multnomah field and displayed the famous "Idaho spread." No city in the United States ever attained a population of 300.000 and then started backward." said Mr. Savidge yesterday. "Portland being naturally located on the gateway of a vast rich inland empire is bound to increase as a financial and business center. The way people are buying homes now certainly looks like a big year for real estaters in Portland. Our firm has sold two homes a day on the average since the frrst day of June and we hope to Increase this mate rially with the approach of spring." INDUSTRY TOURS TO RESUME Businessmen to Visit Doernbecher Plant Wednesday. Visits to home industries of Port land by busiujess men and members of the various clubs will be resumed W'ednesday afternoon under the lead ership of the Portland realty board, according to the announcement of Coe A. McKenna. chairman of the newly organized industrial development com mittee of the associated civic clubs. The Doernbecher furniture factory at East Twenty-eighth street and the Oregon-Washington railway tracks will be visited Wednesday afternoon by the members of the civic clubs and business men who plan to make the trip, meeting at 2 o'clock at the Henny building. Tlje Doernbecher company 'will have an open house at that time and will welcome visitors. It Is an nounced. It. had been planned to visit the Doer'nbehir factory in December and a.date.was bet, but the excursion had to be postponed owing tohe spell of cold weather at that time. The home Industries visits were then postponed until after the holidays, and the trip Wednesday marls the resumption of the trips. Henceforth frequent excur sions will be held, and It Is planned to visit a large number of the local manufacturing plants, and to famil iarize the Fortland business men with the home concerns. Vshland Realty Deals Reported. ASHLAND. Or., Jan. 17. (Special.) Several Important real estate trans fers were closed in this city last week. Two residences were sold to newcomers. A 45-acre ranch north of the city was sold by B. N. French to J.'D. Duncan. Three city building lots were sold. A. L. Hill has sold merchandise and real estate to B. L. Delsman. local contractor and mill- 1 man, MORE PROSPERITY FOR .WEST ASSURED - Large Lumber' Movements Held Certainty in Spring. EAST KNOWS PORTLAND E. Taylor, Back From Chicago, Says Eastern Capital to Be Heavily Invented Here. Large movements of northwestern timber and heavy investments of east ern capital in the Pacific northwest can be classed as certainties for tho " coming spring, and continued pros perity of the North Pacific states can bo considered as practically insured, according to K. E. Taylor of the K. E. Taylor conjpany, who returned Thursday evening from the executive committee meeting of tho National Real Estate boards held at Chicago. January S and 10. Mr. Taylor is a member of the committee and repre sented Portland" realtors. While in the middle west he conferred with industrial and business leaders rela tive to western properties, and was assured that they are planning heavy investment in this region soon, lie declared. particularly In industrial properties and in land and timber tracts which can be improved quickly. Ninety Delegate Lay Plans.' Ninety delegates, representing real ty boards from all parts of America, attended the executive conimitteo meeting and formulated plans for tho national convention of the association to be held in Kansas City, Mo., Juno 2. 3, 4 and 5. In addition the commit ' tee outlined the programme, which, according to Mr. Taylor, will be in structive and broadly constructive along lines calculated to preserve realty from freak legislation. An entertainment fund. of $25,000 is being raised for the convention, and it is expected that it will be the larg est in the history of the organization. Mr. Taylor on Friday spoke briefly of the meeting before the realty board, and declared his intention of "stirring up" northwestern realtoVs. with the idea of forming a large delegation to attend the June meeting and to let the rest of the nation know what the northwest has to offer. Mr. Taylor will endeavor to have a delegation of 00 or more Portland realtors make the trip. "The Pacific northwest can look for continued prosperity," said Mr. Taylor. "There is arising a tremen dous demand for our lumber products and in addition eastern capital is turning with friendly eyes toward the northwest. Three years ago industrial leaders didn't know of Portland. Now on every hand I find that the east is getting thoroughly al!"ve to our re sources and considers Portland as the most substantial community in the north Pacific territory. "Lumber, of course, is the biggest theme among the eastern leaders. I met a number of men. national lead ers in their lines, who declared th;it the nation's acute shortage of build ings cannot mean otherwise than a tremendous movement of our timber. Shortage of Structure II I sr. "Their views are further borne out by the reports of members of the ex ecutive committee of the national as sociation. They were a unit in the statement that the shortage of struc tures is so great that leases in the large cities are being made at heav ily advanced rentals, and in some cities bonuses are being added to the lease figures to secure locations. "The national association is assist ing the government in its plans for disposing of millions of dollars' worth of properties purchased for war uses, and in addition is doing a splendid work protecting realtors and the pub lic against freak legislation. At the present time the association has two strong committees working at Wash ington, the housing and legislative committees, and everything is being done to protect real property from harmful theories. The national asso ciation now has 10.000 membership and its work has assumed such im portant proportions that its counsel is being sought by the national gov ernment." LEWISTOX PLANS APARTMENT i Structure Expected to Be Started During Coming Spring. LEWISTOX. Idaho. Jan. 17. ("Spe cial.) A handsome $75,000 apartment building will be erected during the coming spring and summer by Frank Thompson on the site of his present home adjacent to the Fifth-street park. The contract for the construc tion of the building has been award ed to Robert Meyer of Clarkston. and Charles Hahn obtained the heating and plumbing contracts. The structure will be ready for occupancy next Au gust, according to the terms of the contract. R. S. Loring of Lewiston prepared the plans for the building and will supervise construction. The .Thompson apartments will in clude i6 suites from two to six rooms each, all opening on -the street and inner court as well. The construction will be of English half-timbered de sign and will have two floors. The Thompson residence will be moved at once to a site about a block west of the present location. NEW STOKE IS PLANNED Metzfrer, Parker, Ferguson Com pany to Build at Sixth and Everett. Construction of a new two-story store building at the corner of Ever ett and Sixth streets was announced yesterday by the Metzgrer, Parker, Ferguson company, which has charge of arranging the leases for the build ing. The structure will be erectTl by the Dolph estate, owners of the property, and Its cost will be In the neighborhood of $35,000. Work on tearing down the small buildings now occupying the premises was begun lftst A'eek. and actual con struction will start shortly. The rrew building will b'e 100 by 100 feet. -The lease of the building at 291 Washington street was announced by the Metzger, Parker. Ferguson coir? pany also. The quarters have been taken over 4y The Hat Shop, which, will move down from upper Washing ton street, under a five-year lease. E. L. Menefee to Build Here. E. L. Mencfce of the West Oreeron Lumber company has purchtised a building lot on Arlington Heights of 100-foot frontage and will construct a Dutch c-olonia.1 residence there In the near future, according to an nouncement. F. E. Bowman A Co. will prepare the plans and specifica tions. Mr. Menefee Is one of the younger business msn of the city, son of L. B. Menefee. and recently married Miss GhiradelU of San Francisco- 4