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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 9, 1903)
TIIEl OHEGON SJDAILY OXJIlJlLd PORTLAND, DAY EVENING, DECE3I BE It 9. 1003. . THE CANAL AT CEL1L0 Continued from Page One.) vs.-Humphrey, 3 Mich. 471, a similar feet, of the legislature of Michigan was- heU invalid. . The weight of authority. therefore, is greatly in favor , of , the ' existence of such a power In. the states, and,-without having given to the sub ject SO full a consideration as we might have (lone had the eminent counsellor the plaintiff not tacitly conceded it, we-; are of the opinion' that, the power does : exist in the states.'. ' . :-:77 ':''';".? Also in tlie 'case of Lacey vs. King Co.. 15 Waslu 9, ifls JieUT: : ' t "That title to a public Improvement -arhen it is completed.; la to be conveyed to ihe United States, will; not prevent tliestate r from exercising; tta - power .of eminent domain to acquire the neces sary Innd upon which o construct it . In Re league Island, t Brew. 624, it .la held that the Unitt' States is not as to one of the states, a foreign cor poration, and that a state may take land for ev national; publio use, and give 4t to the general government" The , Oregon constitution provides ..that the taking must be for a public use, and ' there must be just compensation to the owner, i The constitutional requirement is compiled. with when it la shown to be K public use and compensation pro vided. The proposed canal, although to be constructed by the United States, . is not for Its aole use and benefit, ftut for the usa of everybody as a . great publio highway, and It controlled by the general government such control la only, to rgulat!the use for the public good.. Its essential character as a loca'l publio i improvement for ; tle peo ple, or a great proportion of the .people of the state of .. Oregon, directly oonnectiirsr the two most thickly popu lated sections of the atato by a contin nous highway, ear.not be changed or taken away by the fact that - the wort may bo of value to other states as a meanB. of transportation and to the gen; era! government as an aide to Interstate commerce. The objection urged n the Michigan case, that there is no necessity . for tfie exercise of eminent domain,, for the authority of the nation la ample for the supply of its own needs. Is-fully an AUCTION ! AUCTION! AUCTION ! MONEY! MONEY! MONEY! That's ! what I am holding an auction from J to 7 p. m., until January 1. or until I tell sufficient of my stock of elegant Jewelry, Diamonds, Vatchee, Out Glaea, to rajse tha money needed badly by me. Not leaving city;' have lease on building' for three years. JamesMcDevitt&Co. ; ' T. McDONAlD, Auctioneer 305J Washington St. awered .by.", the fact . that . the . pro posed improvement is necessary - for the -use. of the people Of Oregon, and eminent' domain being founded on neces sity,, when, the-neceslty exists,- the right exists, ;'.'; 7 - A'?: The -Washington case announces the doctrine tbat the character of the work cannot be essentially altered by its own ership or control, arid that it Is imma terial whether the general' government or-1 hastate prowepu te Jth en terprlsei- or whether they do .so Jointly, or yhfcther the power Of the state or the United States is invoked to condemn 'the right .of way: It cannot be urged that If the control doea not remain fn-the officers or agents' of the state, the state cannot ex ercise the right of eminent domain, as it has always been conceded that where Im provements -are for a public use, and benefit the state can authorise the exer else ."-of its eminent: domain byv private corporations, domestic, or "foreign, and it has frequently done so in the con struction of railroads, and other internal improvements, and it -may delegate the right to other municipal corporations and private Individuals, and there Is no good reason suggests Itself to my mind why it cannot, delegate like authority to the general government-or Its agents, .The state has general power to condemn land to public use, and for this purpose -may select her own agent. , . V. 9. Has Paid Exvnr. ' In many of the -cases where a, .state ha enacted a law permitting an agent of the federal , government to use the courts of the state for. the purpose of ac quiring, land for the . construction of works of public use, the United States government has paid the 'expenses, but in the present proposition, I understand the fctate inuBfc,.pa.y for the right of way whether-it is secured', by purchase or condemnation' proceedings,, and I am In clined to the opinion, that It is a matter for which .th legislature can, if in its wisdom ilt seems - proper, ; appropriate funds of the state, and levy taxes there for, ..i;!,:! .'Vv:w" ' St Daggett vsi Col gan, . the supreme court of California liejd that the act of 18SI1, appropriating moneys of , the state for the purpose ot. "erecting nd main taining an exhibit ofttre- products of the state," .at the World's Fair Columbian exposition was not unconstitutional, and that the appropriation was for a public UBB.' '' - : ' -J, .- ' -.- , Xanr. TorVi Decision. New York has held that a tax to pay the expenses of a state canal la not un cpnstitutional. Massachusetts, that the erection of a memorial hall for the, use of -soldiers and sailors. Is a publio pur pose for which money may be raised un der legislative, authority by taxation. Michigan and Illinois. tHkt money so raised, may be expended for a public park. Wisconsin, that a breakwater, to protect streets against a lake is a public use for which tha legislature might ap propriate money That the proposed canal, when built, will be of great commercial advantage to the people of tha northeastern part of this state, cannot be questioned, and I find nothing in the constitution of the stata of Oregon which. prohibits the state from appropriating money for Internal Improvements, and in the light of all the authorities I have, been able to examine In the brief time I have had to devote to this tottter, it is my opinion, that the state can, by appropriate legislation, permit the United States, or Ks agents, to' condemn the right of way lor tha canal In the state courts, and can appro priate money to defray the expenses of Buch condemnation proceedings, includ ing judgments for land taken. . Respectfully yours. : .. (gigtied.) A. M. CRAWFORD, -; , i . Attorney-General,, TO 8VU A COW XV OKU XAT. Take Laxative Vromo Qatatra Tablets. - An druselstt refund the money it it full, to ear. K. w. Gran's aimntur ton etch b-. ttS ... BRYAN ANNOUNCES ROOSEVELT'S FALL r- i 1 ( 1 f?'f x.'.-'i : . '! ': . ? ' , X v L FarlsV-Dcv .-WilHam" J. "Bryan leitrlsTttfUrttfrBarneV' Swltes land. In an interview today he predicts Roosevelt's nomination and hi iefeat He says before election matters of a serious financial nature will arise which will balk Its candidate. 1TAIN WOULD MAW ALL WATERWAYS w, o. ZkAvnTT, . nana STATES SXaXKEXB CORPS, OZTES IDEA OT BITES XMTBOTEMEHT WOKX BOW XTSCDXM COHTXKMVA TZD HOW BCOBXT WXtt BB 1T8E9. . Of the estimates which have been sub mitted to congress by Secretary Bhaw. recommending that liberal appropriations be made f of the Improvement of the Co lumbia, Willamette and tributary rivers, Major W. C. Langfitt, of the United States engineer', corps,- says that the work under contemplation is as follows For .Jetty extension and dredg--v Ing at mouth of ' Columbia river ....... ...... .$500,000 Dyke construction and dredging- ' along the Columbia and lower WUlametta S00,00 Construction of Tha palles-Ce-lilo canal.................... 100,000 Ganging- thVater of the Columbia river. Major Langfltt says, is for tha purpose of establishing gauges at : va rious places. At present there Is only one maintained, and that Is at the mouth of tha river. . , , The contemplated improvement of the Coqullle river Is the extension of the north jetty. To Complete Itowsv Xook. Improvement of the Columbia at the Cascades:. Work qn the lower lock which has never been completed. - Clatskanie rtvr: Dredging and main taining of the channel. ' r - ': Columbia below Vancouver: Mainte nance of tha dyke and repairs.. Upper Columbia and Snake: Removal of boulders, dyke construction and dredging. Coos bay:..: Repairs and extension of jetty. " Tillamook bay: Dredging, snagging ana maintenance or the channel. Preferred Stock Canned, Goods. 'Allen & Lewis' Best Brand. WILL BE HIGHEST BRIDGE IR CITY STEES STBUCTUBB SPABBIWO BAX.CH OVICK SB 110 PEBT ZB ATB AOT .WHJ. COST t33,0OO-r EXPECTED TO BB ,- TOTED AT - ixtxt coTmcn keetibci.. ' At the next session of the city coun cil an ordinance is expected 'to be passed which will provide, for the con structlon gf the new steel bridge span ning Batch gulch at Thurman street and. costing in the neighborhood ofJ35.000, The- plans and specifications- have been completed by City, Engineer Elliott and while thero is nothing particularly no ticeable In an artlstlo way the blue print shows a, structure that, answers every requirement. . " - ; - This bridge will be the highest eie vated structure in the city, the distance from the bed of the creek to the floor of the center span being 110 feet. Again. the engineers had to consider a gradual raise irf grade between the bank apt proaches. ' The abutments are of concrete and ldes fourt singte-: column., supports! there will be three steel supporting Diets SO feet "in diameter. The center span Is 1 0 feet n width and there is another ' 60-foot span, supported by smaller hanging , trusses.' ' The length over all is 400 feot, with 20-foot panels. Six-foot sidewalks at each side ate laid down on a filler and will be guarded oy a lattice-work railing, v The roadway Is S8 feet in width. Eighteen-foot centers ase provided for a double line of street car tracks. - - , Htrr.nrih sd vlffO COnt of KOod food, duly digested. 'Force,', a ready-to-serve Wheat and barley food, adds no burden, but sustains, nourishes, invigor ates." - - . - OLYMPIC : Gakes j .' '" ' '':) ,i; 7',' .'"s-l; " ''-' ..' 4' " . ", 'i Are Honestly Made of the Cleanest, Purest Material Why Not GetjaKlilll Combination Book Case? You Cannot 6 Spend Tour - Christmas "money .better than in buying some- -thing ; for the home. This bwkcaae Is of golden oak, quartered, 5 feet, 11 inches ' high, J feet t Inches wide. ' .. French beveled plate - mlr--ror 10x18;- book case glass bent 14x44. . v- $1 o is the, I O Price.- On this special one, al though it regularly sold for 126.00, And it is a rare , bargain at that. . Wa re ceived a . few days ago a full carload of combination bookcases and there ia'nt a bad pattern among the lot, and at tha prices ws hav. '"marked them, they ara; de ! elded bargains, Another handsome and nse fnl gift would be one of those ': ABTWXBP, KAXOOANT O OOUJEB OAK ROCKERS They are highly polished ' and sell for $3.50 Toull ilka them, we know. ;rv'v J' ' "Ml " 111 A C fc j ' JS!"' "e' mm - n ' ." f " ".':'' :- ' ' January ist is our stocktaking time and we want to. re duce TUB STOCKS AS MUCH AS POSSIBLE; . HENCE' THE BAR GAINS. . . ".''.. ........... ' . - 'GET IT AT JENNING,S, HENRY JENK & SONS . 172-174 FIRST tSTREET The Bis Red Front Store First and Yamhill Streets : MUSIC WEDNESDAY AND SATURDAY . :-.T .AFTERNOON.. ... Perfumes VTHIS LEADING 8TORE BOASTS OF THE BEST EQUIPPED PERFUME DEPARTMENT IN AMERICA. ' '( , THE ' ENTIRE LINE OF 1 ROGER CSl GALLET HOLIDAY PERFUMES ARE NOW DISPLAYED. . Tnt Magnificent Line of i - " HOUBIGANT , Parisian Perfumes art found hers at 'pop ular Eastern prices. The aver popular Odpr - - , J1CKEY ' Msnufsctured by Guerlain, of Paris al ways to ba found here in bulk tr neatly put up in 2Vi-ounce out filass bottlsa, " .. NOWHERE Is thera displayed a' mora complete assortment of - DOMESTIC PERFUMES t - Mads by tha leading American perfumers, auch as Palmar Hudnut, Wright, Lund, burg, Colgate, Rickssoksr & Spiehler. , ; . v " .'-. ' . . . TOILET' WATERS -FANCY SOAPS AND COLOGNES The greateat variety of both foreign and domettio makes. ; Ladies Delightful and Fragrant 'i:,JlLy;'i'Z SACHET POWDER . I--. All Odors. -- j 1 Flannel ' Sachet, tha Eastern novelty, can be used in the daintiest linen no stains, but everlasting fragrance. " Crest Aave and ; Bohemian Ware WELL KNOWN AND BEAUTIFUL. MM Vaaas,r ' 75 special .,.....":.V;.-... ...ditto M-85 BON BONS, 1 .:. . 55 special , k.vv0J. $7.60 FERN DISHES ' 5 5 special ...ipO.Ut) 5.75 JEWEL BOXES ' V' - C3 OZ ' special ........ . . , . , . . , . H07U VOODARD, CLARKE & CO., Druggists and Dealers in Xmas Goods FROM EVERY COUNTRY Presents Gen tlemen for Suggestions ' from the man .52.00 $2.50 8AFETY RAZORS, all styles, fully guar antsad, up'rom ......... WATERMAN IDEAL FOUNTAIN PENS up from ......... .... .............i , SMOKING SETS AND'' SHAVING SETS AT ALL PRICES. N FANCY SHAVINGMUGS . " ' p up from .....7 ....... ..,.IuC CIGAR, LETTER AND CARD CASES,' WALLET8, ETC, IN ALL KINDS OF LEATHERS. Hammered BRASS '.: We are ihe only direct importers in this particular line. From ex pressed samples we make our se lections.; Beauti ful assortment. Jardinisres, : Loving Cups, Fern Dishes and many old relics. klATMBWABB UTTEBSO IS ' OOU rEB. IN ADDITION TO THE FINE ASSORTMENT HERE : MENTIONED YOU WILL , FIND A PERFECT WORLD'S DISPLAY OF CHRISTMAS. GIFTS. '.'. v Japanese Netsuke - - The Dressy and Popular t Ladies Purse : NETSUKE BAGS, Imported direct from Japan, now de signs, with card cases oombinod, in all shades and fancy leather, with Jyory nstsuko, ranging from $2.90 to ...... ......... ; ..;. ...15.10 Nstsuko Bag, hand smbroidered in Oriental chains of old silvsr with Ivory knob, $9.00 to. designs, ,..$45X0 Fancy silk embroidered, with dragon patterns in Oriental shades, with ivory netsuke, for $9X0 to .......'..$23.00 Ebony Goods Rich, Durable and Always Stylisli ; W have the grandest and most varied assortment of Hair, Cloth, 'Hat, Bonnet and Nail' ' Brushes, Ebony Toilet Sate and Ebony Mirror of all Kinds. Full1 lino of Manicura Goods. ' ' " . ' Every piece guaranteed REAL-EBONY, PURE BRIS TLES, PERFECT FRENCH PLAtE' MIRRORS. TO ALIi VABTfl ' OT TMB CAT I Wrist arid Hand Bags ALL THE LATEST AND POPULAR 8TYLES. CHAIN BAGS The new, popular Chain In all popular' shades, with inside pocket "leather lined for 6O0 to ............ ......s..X0JlQ Onr new and popular Chain. Bsg, In the new shades of red, blue and green, regular $2.50 . special at $1.98 Hand Bags, with leather handles, in every con ceivable leather shade and sice, fitted com plate with purse, card ease and smelling salts bottle, silk or leather lined, for $2 to. .$15.00 Letter and Bill Books Every Stylo Shown FOR THE GENTLEMENNOTHING ' MORE ACCEPTABLE. A suitabls gift for a man a .handsome letter or bill book, with "or without memorandum, in' all the new leathers seal, monkey, morooco, lizard and pig, silk lined ineide pookets, hand some ohadee, for 85o to $9.00 Pocket Wallets to fit Inside pocket, in black and colored seat fancy pocket,-special 85o Bill books, extra large, auitable for carrying large doeumente, all shades and lesthers, reg ular $3.00, special at ......... .......,..$1.89 COIN PURSES Her we hsve everything In a com ptirse, with and without Inside pocket, secret pocket for gold, nickel riveted frame. The New Hip Pocket Puree, a handy purse for -a man, no frame to breaks. .......... ,.85o' TripHcate .Mirrors FOR THE LADIES' BOUDOIR OR ' THE GENTLEMAN'S 8HAV ' INO COMFORT. Square, oblong, round and ; oval, made of fine molding with leather ett or wooden backs, French plate beveled ' mirror, - nickel-plated hinges, chains and feet In ebony all kinds of gilt and wood frames. ' 1 Enormous stock to choose from, all shapes and sizes Prices $2.25 to $18 Toilet Sets These Are Dear to Every 'Lady ' , Don't fail to inspsot our .line of these goods before buying elsewhere. , It's the grandest ever eeen on thio sosst, and the-' PRICES ARE SO LOW THAT WE FIG URE WE HAVE NO COMPETITORS. 1 - ' .Romis Horn Brush and Comb Set, j s-y regular $3.40, epeeial ...TT.T.. ',T.7,.7"T."vOu' Same with mirror, rsgulaiy.$4.75, , : A (f yr Military Brush Set and Comb, regular $4, toy Vr epeeial at ' ...y)u French Stag Biush and Comb Set, regular - M CH ; Z28, special at ' 4)I.)y. OTHERS TOO NUMEROUS TO MENTION. , Japanese Curios The Very Thing for Your Eastern friends. , . ' - . --' .Old Satsuma Kora, antique design $13.75 Cloisonne on Copper 'Vase, iris design, .very effective, J only ......V .t:....$5.25 '' Cloieonne on Poroelain Vase, deoorated with the Im perial dragon ,,i.., . ,$8.50 Red Imarl Vase'. , . ... 7. v . .$8.75 ,.....,...$10.00 Beautiful Anata Vaae, Wiseria design, , Brass Vase, decorated with th Japanese National flower, the chrysanthemum .. ...,,,..$16.50 Bronze Kora- Dog MessSnger-f ' th God of -Purity - plaoed at th entrance of every Shirt to1 temple. .$13.50 Bronze Kora, eame style a ie now used in the famous Buddhist temple, Higashl Honganji at Kyoti..$1Z75 Brass Hibachl Bambo design, styl usd4y the fmoua poet, 8hifuts s '. 1.. ,..$24.00 Braes -Candlestick,, beautiful design of the stofk and -.', sacrod turtle .1... .j;., ,.$(L50( Christmas Stationery The largest and vmest select' tfne of Fanoy Stationery in. a large assortment of pretty bbxes, up from . .....35o French Stag, Silver. Mounted Paper Knives, Letter Seals, ...Desk - Pen Wipers, Blottere, Sponge Holders, etc ' special at . . . . . , . ... . ... . ... . . .. . .. , . . . .33o ' French J Stag Silver Mounted Inkstanda, epeeial, . .$1.33 : We carry the" best Fountain' Pens' in the ' world, up Fancy (faUndart up from V..50o'.. Oregon Souvenirs, ,njoely; mounted, -up from..,7....15o ' Desk Blotters" up from ..,... .7, ,.V .l....7o: Fancy Metal Inkstands, epeeial, ,: .723; v Big llns of Letter andMagazine Racke at all prlcjs.V'; American Gut Glass Selected pieces,whirl wifid designs, beauti ful and 'inexpensive. Weilaim tthe jnost e x elusive patterns ana cuts. Large Assortment Of Bowls, Nappies, Sugar and Creamers, Bon 'Bon ;Dishes, Plates, Vasest - Trays, Celery Dishes,'-Vater Jugs, Decanters. Caraffes, etc. v , L..1 Special -3:j:..!t$i.(i34 9-INCH BOWL8, ' r " 7Q ! speoial ..!...-'....... x ' - These Are Bargaine. Sterling Silver MATCH BOXES, special up...... ,98c NAPKIN RINGS, 1, v ' spacisl up'.;.... ,.,,....,... ...uuC .POMADE JARS, . : 7' :i t rv" q;-; ' speoial up. .,.... , , , . .,, , x W- HAT BRU8H ES7"'vU. ' 7'".. J t f special-up..J . i.4VC t STERLING SILVER THIMBLES Sterling Silver Hat Fins,' - , j)? S'7 spsoial .up...... .......7.... ...OuC ' '' ' " yr f ; SASH :,PINS, Pompeilap copper . 1fr and silver, spsoial. , ....JVC ; : 7-