The Sunday Oregonian., August 01, 1920, Section One, Page 9, Image 9

TUB SUXDAY OltEGOMAX. rOKILAAD, AUGUST 1, 1920
CITY BUILDNG LAW
AFFIRMED
BY COURT
Berkshire Firm Fails in Effort
to Get Permit.
BURNETT GIVES OPINION
Justice Declares Portland Is 'With
in Its Rights to Provide
Restrictions.
SALEM Or., July 31. (Special.)
The Oregon supreme court, in an
opinion written by Justice Burnett
and handed down here today, dis
missed the mandamus proceedings
brought by George H. Kelly and C.
V. Kverett. trading unler the title of
the Berkshire company, to compel H
K. Plummer, building inspector of
Portland, to Issue a pern.it for the
construction of an apartment house
in what is known as a restricted resi
dential district.
Evidence placed before the supreme
court showed that the plaintiffs ap
plied fcr a permit to construct the
apartment house involved in the liti
gation on January 22. 1920, at the
same time setting out the proposed
site of the structure aad that it
wuld cost in the neighborhood of
9225,000.
City Held Within KlBh.
The application was denied by Mr.
Plummer, whereupon the plaintiffs
appealed to the city council for re
lief. The council upheld Mr. Plum
mets decision and refused to insue
the permit. Mandamus proceedings
to compel Mr. Plummer to issue the
permit then were filed in the supreme
court.
Justice Burnett held that the cty
was within its rights to provide
building restrictions and that the
present building code of the munic
ipality was subject to strict enforce
ment. Justice Johns, in an opinion dis
missing the mandamus action brought
by the Salem Sand &. Gravel company
to compel the members of the state
land board to accept a bid of three
cents a cubic yard for sand and gravel
t:iken from navigable streams of the
state, held that it was the intention.
of the legislature that tne state
should receive a reasonable price for
products under its control.
lf the defendants could be made to
accept three cents a cubic yard for
sand and gravel taken from navigable
streams of the state," said Justice
Johns in his opinion, "they could be
made to accept a price even as low as
one cent a cubic yard and enforce
leases extending over periods of 25
or 50 years."
Vnfair Competition Charged.
The state land board, at a meeting
held last winter soon after the sand
and gravel law went into effect, made
an arbitrary rule that they would ac
cept no bids less than ten cents a
cubic yard. The plaintiffs objected to
the fixing of this price on the grounds
that it forestalled fair competition.
The law under which these leases
are executed was passed at the special
Bession of the legislature last Janu
ary, it provides that the state shall
receive compensation for all sand and
gravel taken from navigable streams
of the state and that the money de
rived from the sale shall go into the
school funds.
Other opinions handed down today
follow:
Fclicite M. M. Manning and V. A. Man
nins. respondents, vs. Mary F. Gregoire,
appellant; suit to establish title to land;
appeal from Marion county; opinion by
Justice Burnett; Judge Uorge ti. &tii
ham affirmed.
Redmond H. Marshall and Arthur Ep
perly Marshall, appellants, vs. J. H. Mid
dieton and Bcssi M. Marshall, executor
and executrix of estate ot William H.
Marshall; appeal from Multnomah county;
suit to enforce payment of liens. Opinion
by Chief Justice McBrlde. Judge Robert
U. Morrow ;i f firmed.
Kdjrar Wood-ird vs. A. V. Coates Lum
ber company, appellant; appeal from Til
lamook county: suit to recover damages
for personal injury. Opinion by Justice
Burnett. Judse George K. Bagley re
versed.
John IT. Feavey. appellant, vs. Clara
Belle Williams, et a!.; appeal from Lane
county; suit to quiot title. Opinion b
Justice Johns. Judga ti. F. tikipworth
reversea.
The court recessed today until Sep
tember 1.
RAILWAY RATES TO GO UP
Continued From First Page.)
the 50 per cent surcharge on Pullman
fares will be general. P'reight rate
Increases will vary -ccording to terri
tory, with 40 per cent in the east, 25
per cent in the south, 35 per cent in
tne west rrom the Mississippi river
to the Hocky mountains and 25 per
cent in mountain-Pacific territory
irom east ot tno tockics to the Pa
ci.le riRst, not including Alaska.
The commission said tnat the in
creases were Justified in view of the
rapidly changing price conditions and
the necessity for providing adequate
transportation facilities during and
after readjustment.
"It was my hope." he said, "that
federal control might be continued,
because it was evident that the tran
sition back to private operation would
create additional disturbance in a time
of unsettlement and unrest, that ex
isting railroad facilities could be
made to do more work and maet
more nearly the transportation needs
of the country under unified contiol
than under the control of the many
separate companies: th it the addi
tional facilities, which are so greatly
needed, could now he provided more
easily and more economically bv pub
lic than by private capital and the
disturbances resulting f i om botn rate
Increases and labor ditficulties couid
re reaucea to a minimum ii tile gov
ernment retained dirjt r espons:biatj
Xor the roads."
From figures submitted by the car
Tiers it was unofficially estimated
that the apportionment of the ad
vances would be about $1,2S5.300.000'
on freight, $233.S00.000 on passen-rer,
I43.600.0UO on Pullman. 4.500,000 on
milk and 1.400,000 excess baggage
charges.
On the same calculations, eastern
roads would get the most, receiving
approximately S73.930.000 as com
pared with 559.4S3.000 for all the
v estern lines and 135.29S.000 for tha
southern carriers.
Increased charges on freight alone
were estimated as equaling a levy of
$12 per capita per annum for every
woman, man and child, basing the na
tion's population at 105,000.000 for
1920.
Increases in passenger, Pullman
and excess baggage rates were those
asked. by the roads. Freight increases
requested were 39.75 for the eastern
roads, 32.03 for western roads and,
SS.91 for southern roads, the total'
estimated to yield $1,356,000,000. The
eastern roads received .25 of one per
cent more than they sought, the
western roads approximately what
they sought, but the southern roads
received approximately 14 per cent
less than they had requested.
The commission said that the finan
cial condition of the southern roads
was more favorable than any of the
Other lines, la view ot this, cuuduiuu
the commission held that they were.
better able to meet the demands on I
them than some of the other com-
panics.
"The increases authorized, said the
commission, "are intended to yield
the additional one-half of 1 per cent
of the aggregate value of the roads
to make provisions for improvements,
betterments and equipment, charge
able to capital account.
"The record leaves no doubt a to
the needs of the country for addi
tional transportation facilities. Car
riers will be expected to make ap
propriations for additional improve
ments, betterments of equipment of
a character chargeable to capital ac
count and to make reports to us
semi-annually, showing what portion
of the increased revenues has been
devoted to that purpose."
This one-half of 1 per cent will ap
proximate $94,000,000. The commis
sion said that the carriers had stated
that they needed Immediately at least
100.000 freight cars, 2000 locomotives
and 3000 passenger coaches. These
are to be paid for out of this fund
and out of money advanced by the
commission and borrowed by the car
riers. Conclusions as to general freight
increases were:
"We find t,hat the following percent
age rate increases in the charges for
freight service, including switching
and special service, together with the
other increases approved, would re
sult in rates not unreasonable in the
aggregate under section one of the
transportation act, and would enable
the carriers under honest, efficient
and economical management, and rea
sonable expenditures for maintenance
of way, structures and equipments to
earn an aggregate annual railway
operating income equal, as nearly as
may be, to a return of 5 per cent
upon the aggregate value for the
purposes of this proceding, of the
railway property of such carriers
held for and used in the service of
transportation and ' one-half of 1
per cent in addition; eastern group,
40 per cent; southern group, 25 per
cent; western group, 35 per cent, and
mountain Pacific group, 25 per cent."
The decision was summed up as
follows:
"Most of the factors with which
we are dealing are constantly chang
ing. It is impossible to forecast with
any degree of certainty what the
volume of traffic will be. The gen
eral price level is changing. It is im
practicable to adjust all rates on indi
vidual commodities. The rates to be
established on the basis approved
must be subject to such readjustments
as the facts may warrant. It is ex
pected that shippers will take these
matters up with the carriers, and the
latter will be expected to deal
promptly and effectively therewith.
that necessary readjustments may be
made in as many instances as prac
ticable without appeal to us."
Federal Control DL-nsaed.
Government railroad operation was
brought into the cae by Commis
sioner Eastman, who. in an opinion in
which Commissioner Woollev con
curred, disapproved the method used
by the commission in reaching its
conclusion. Commissioner McChord
criticised Commissioner Eastman's
position, declaring he "injects into
this case large political questions of
governmental policy nowhere in issue
here."
Commissioner Eastman expressed
regret that federal control was not
permitted to continue at least until
after readjustment. Commissioner
McChord in his reply said:
"The congress has, for the time
being, settled the question of govern
ment operation of the railroads by
restoring them to private operation
hedged around by comprehensive
laws, vesting broad powers in this
commission to regulate them. It is
the duty, of this commission to en
force the law as congress has writ
ten." 1 ,
Discussing provisions for rates be
tween the various groups of roads,
the commission said that joint or sin
gle line through rates between points
in one group and points iii others
should be increased 33 1-3 per cent.
It also said that the increases should
apply to individual commodity rates
now in effect.
The commission went at some
length into the question of aggregate
values of the roads as well as their
financial conditions, and said:
All Roads Are Included.
"We conclude that increases1 as in
dicated may be made by all steam
roads subject to our jurisdiction:
"1. All passenger fares and charges
may be increased 20 per cent. .The
term 'passenger fares' may be con
sidered to include standard, local and
interline fares; excursion, convention
and other fares for special occasions;
commutation and other multiple forms
or tickets; extra fares on limited
trains: club car charges.
"2. Excess baggage rates may be
increased 20 per cent, provided that
where stated as a percentage of or
dependent upon passenger fares the
increases in the latter will auto
matically effect the increase In the
excess baggage charges.
"3. A surcharge upon passengers in
sleeping and parlor cars may be made
amounting to 5 per cent of the
charge for space in such cars, such
charge to be collected in connection
with the charge for space.
"4. Milk and cream rates may be
increased 20 per cent."
The commission Baid it found grain
rates into and out of important grain
markets in the middle west might be
increased by the general percentages
with the understanding that the car
riers would within 30 days after the
service of the report, file tariffs re
storing an equalization of the rates
from important producing states to
important consuming regions.
PORTLAND EXECUTIVE MEETS
MAYOR BAKER OK PORTLAND AM
" ''f v;;,, i Y J r- y t
ALASKA.
When Mayor Baker was in Alaska recently on the trip of imperial
representatives of the Shrine, he met a mayor of one municipality whose
only worry was the arrival of ships to carry shrimps to the markets of the
United States.
This mayor. Earl X. Ohmer of Petersburg, Alaska, accompanied the party
of imperial representatives of the Shrine on a portion of its journey to the
far north. He acted as chairman of a Fourth of July celebration, at which
Mayor Baker was the principal speaker.
Mayor Ohmer is a member of a large packing concern, which handles
the largest output of, ehrim jmd, crab tiiipptil Iruui A lasha.
RUIN LEAVES HAILS
SEVERAL REPORTED TO HAVE
BEEX RADIiX INJURED.
Six Cars Pile Up in Double-Header
Wreck Many Passengers
Canglit in Smoker.
OGDEX, Utah, July 31. Four or
five persons were seriously injured
and many were bruised as a result of
the derailment of Oregon Short Line
fast train No. 32 near Downey, Idaho,
according- to a telephone message to
the Standard-Examiner here.
A second message said 17 persons
were hurt. Among those most seri
ously injured were a fireman and mail
clerk. The injured were cared for
temporarily at the hotel in Downey.
The wreck occurred on a sharp
curve. A broken wheel on the first
engine of the double-header pulling
the train is said to have caused the
derailment. Six cars were piled up,
the message said. Most of the injured
were in the smoker, which turned
over.
SALT LAKE CITY, July 31. Eight
passengers and one trainman were in
jured seriously and 12 to 17 passen
gers were injured slightly when seven
cars and an engine of train No. 32 on
the Oregon Short Line railroad were
derailed near Downey today, said an
official report given out a.t the road'
headquarters here.
None of the injured is expected to
die, the report said. All but three
have been taken to Pocatello for
treatment.
POCATELLO, Idaho. July 31. Train
No. 32, Butte-Salt Lake express, was
derailed at Venda, a small station on
the short line south of Pocatello at
6:05 this morning. The train was a
double-header in charge 'of Conductor
Korenor and Engineers Thompson and
Brenno. One Pullman remained on
the track.
No one was killed but many were
injured and a special train conveying
physicians and trained t nurses left
for the scene.
The train consisted of two engines,
mail, car, two baggage cars, express
car, two coaches, one diner and a
Pullman. The first -engine got over
the derail, the second engine left the
track but remained upright and all
'the cars but the Pullman turned over.
OIL SITUATION IS BETTER
"0 GASOLINE" SIGNS OUT BUT
SUPPLY" IS EXPECTED.
Motorists Who Expect to Go Oul
Today Must Get to Filling
Stations Early.
Although the gasoline situation in
Portland was reported to be improved.
automobilists planning to hie to the
wilds today must present themselves
at. filling stations early. The restric
tions which have been imposed for
the last few weeks are still in ef
fect, and will be until the arrival of
August shipments.
Yesterday the "no gas" signs were
conspicuous in the majority of sta
tions. The signs did not apply to
commercial vehicles and in one stand
operated by the Associated Oil com
pany the attendant announced that
pleasure vehicle drivers who had per
sonal letters from the superintendent
of the company would be served with
gasoline. This incident was reported
to the mayor by City Attorney La
Roche Saturday and will be investi
gated. The Associated Oil tanker William
F. Herrin arrived at Willbridge late
last night and it is probable that a
portion of its consignment will be
distributed among the stations for de
livery today.
The gasoline situation throughout
the state is improved, according to
representatives of the oil companies
yesterday.
AGED WOMAN IS KILLED
Mrs. Helen I'lsher, 80, Struck by
Street Car Skull Fractured.
Mrs. Helen Fisher, 80, a resident of
Portland for 37 years, suffered fatal
injuries at 6:07 P. M. yesterday when
Hhe was struck by a street car in
charge of Motorman Picket and
Conductor Harwick at East Thirty
seventh and Belmont streets. She was
taken to St. Vincent's hospital where
she died three hours later.
Mrs. Fisher was walking across the
street intersection, and seemingly be
came excited when an eastbound
Mount Tabor street car and an auto
mobile approached side by side. Ir
dodging the automobile she ran in
front of the street car. Her injuries
consisted of a fractured skull and
bruises. She is a widow and has six
children.
Candidates to Be Shown Vp.
MONTGOMERY, Ala., July 31. Dr.
P. A. Baker, superintendent of the
Anti-Saloon league, announced today
that a committee of seven appointed
recently would meet August 11 in
Birmingham and publish the records
of Senator Harding and Governor Cox
on prohibition.
ALASKAN MAYOR WHO RULES
MAYOR OHMER OP PETERSBURG,
riflT T
LIIU I
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$10
-'4
"SLICKERS" EET 15 DAYS
MEXICAN' CARD GAME ENDS UP
WITH PISTOL P-L-AY.
Varied Tale Related and Men Sus
pected Draw Sentence as
Vagrants.
Conflicting evidence in an alleged
hold-up case in Municipal court yes
terday morning resulted in a 15-day
sentence for vagrancy to John Grigo
and Joseph Martell, both Mexicans.
The men wf.ie arrested by Inspector
Morak on the complaint of Pete Mor
ana, also a Mexican, who claimed that
he had been held up, beaten and
robbed of 60.
Grigo was arrested at the Barr ho
tel Thursday and Martell was arrested
at Ninth' and Everett Btreets Friday.
On their appearance in court yester
day morning the three men told three
different rtories, the only point of
agreement being that there had been
a card game in which Morano had
lost some money. Morano claimed
that whilo staying at Erickson's hotel.
Second and Burnside streets, he had
met the two Mexicans who invited
him to play cards. He did so, he said.
but after ell his money was gon." he
tad decided that the game was crook
ed and in the argument that resulted
was struck by a pistol. The pistol
was produced in court hut all three
disclaimed any ownership of it The
two alleged "card sharps" were given
15 days each, and Morano, who hai
(.videnUy loot fcwme money and had
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A Fahey-Brockman 'Suit Adds
to Your Savings Account
VERY suit or overcoat that bears the Fahey-Brockman
label saves at least $10 over ordinary prices, because of
Upstairs Rent Low Cost of Do
ing Business Quantity Buying
In addition, every Fahey-Brockman suit and overcoat is guar
anteed to give complete satisfaction in fit, style and wear. New
models arriving daily.
SUITS AND OVERCOATS
as low as $20 no higher than $50
Alterations Free Fit Guaranteed
Satisfaction or Your Money ' Back
Raleigh Building, 6th and Washington
Fahey-Brockman Bldg. Arcade Bldg. Seattle
T7AHEY
received a highly-decorated eye in the
argument, was discnarged.
Vancouver Pastor Jn Hospital.
VANCOUVER, Wash., July 81.
(Special.) Rev. Charles W. Holmes,
rector of the St. Luke's Episcopal
church here for the past three years,
is seriously ill at Good Samaritan hos
pital, Portland. He underwent an
operation this week.
Oh, Boy, She's Great!
BOAT BLUE BIRD
PALATIAL SEW PLEA5CRE SHIP
Lmrst on the Coast.
MOONLIGHT ETrrRSIO.X AND
DAME.
TONIGHT
Famous New Orleans Jul Orches
tra. Ltare 8 P. M. East Morrison St.
Come Early!
TYPEWRITERS
"All Makes
SOLD RENTED
We have the largest stock of HIGH-
GRADE REBUILT TYPEWRITERS
west of Chicago to select fro bo.
Send for retail prices.
WHOLESALE TYPEWRITER CO.
3S1 WicihlnKton St. Main 51.
tilorca in, aU Coast Pities,
H
If you've ever tasted
'Red Rock
99
Cottage
Cheese
you are likely eating it
now. If you've never
tasted it, there's a delight
in store for you.
At your grocer's or mar
ket early every week day
from
Ml ) T I l HI C
Big Dance Tonight and
This Afternoon
COLUMBIA
BEACH
TTHE quietness an3
dignity in which'
every duty is per
formed is assurance
that complete har
mony reigns through
out every service.
Phone Main 507. -
K Funeral Directors. Jj
rsTc