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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Oct. 21, 1905)
THE OREGON DAILY JOURNAL; PORTLAND. CATURPAY EVENING, .OCTOBEH ' 21, 1ECJ. GORPOItATIOd l:ut a HAS A PERPETUAL F nnuoo RAfJCHIS E So-Callad Ones and So-Called f ' Exclusive Rights Are Revoc- ; ; able by Council. may mean Millions " A ' - SAVED FOR THE CITY I It It Now Apparent , Thai . Limited Franchises Are More Valuable i 1 , ' Than Those ' Granted ' for an In definite Time. : ,' Any corporation clstmlng an exclusive or perpetual franchise In Portland builds Ita claim on the sands. Dcaplte the general Impression to the . contrary, all of the railroad, telegrapn and other f ranchlaea granted for inde terminate periods are terminable at the ""will ot the city council. Investigation . shows that no perpetual or exolusive . franchise has ever been- granted by the city of Portland, or by East roruana or Alblna. prior to their consolidation with thla municipality. v - r The Southern Pacific, the O. R. N. ' 1 the District Telegraph company, the Poe ' tal Telegraph company and other corpo- , rations hold valuable franchises in Portland which the public baa regarded ' aa perpetual. . . According to. prominent attorneys who have reoently examined . ' the question with great care, this . Idea ia entirely mistaken. - The X ranchlaea In question were granted without any re- : atrlctlon as to their duration, and their life is therefore subject to that principle1 v-vof Jaw -which make it illegal -for any city council to grant an exclusive or . 'perpetual franchise unless the city char- ter contains an express delegation from the legislature of power to make such ' grants... y , r. . - 2fe Delegated rower. . v " The 'charter of Portland, East Port' ,' land and Alblna contained no suoh dele ' gatlon from the legislature fend there waa therefore no power to grant exclu ' slve or perpetual franchises. Grants of franchises for - a specified term of months or years are of course not in volved in the question. J.t-. A study of the ordinances adopted . since IMS, which waa the date of the , first franchise ordinance ever passed in . this city, reveals the process of evolu tion through which the municipality has passed and shows the liberality - with '' which these privileges were' formerly given Away, often in the belief that the corporation that accepted them was by so doing placing the municipality largely in ita debt. . V - - In the early years In Portland every franchise wfts given without compensa' t ton for the valuable privileges con ferred, and today privileges are enjdyed : on Portland streeta that coat nothing originally but which would bring mil lions were they, now put up at public auction. , .. ; Sight teOoatrol Seeerved. - " ' ! ' One sound principle appeared .to ee- tuate the early city fathers, however, for. ' although numerous rights were granted, . - the council in those daya invariably re served the right to control the operation of the franchise and even la, the case , of the rallroada to prohibit the running . of trains altogether, if that seemed . necessary to the public weal. , The Fourth street franchise, for In stance, which waa granted to the Oregon A. California Railroad company, and ia now owned by the Southern .Pacific, . conferred the privilege of running loco motives and trains on that thorough' fare, but placed no limit on the duratloniS pfrin4. ,n ,??7, a-"1?'1 9- R- or the privilege. For this right, which now Sny of the new corporations seek ing ingress Into the city would pay a large sum to secure, not a dollar was paid to the city, but 'the council placed , in the ordinance the reservation of the right to regulate the operation of the franchise and . to prohibit at will the running of locomotives." , Xaay Are Terminable,-.. That and similar franchises' are ter minable at the option .of the council. It appears to learned lawyers who have In auired into the matter that action might wisely be taken to systematise the franchises and readjust the relations be tween the public service corporations and the city. . There are many ordinances that are In a chaotic starts -ne.jimltea. yet in the absence of specific limitation ap parently voidable at any time the coun cil wishes to terminate them. , . Umlted More Valuable. It Is argued that a limited franchise. In which the corporation is assured of privileges for an absolutely certain period or time, is really mors vaiuaoie than one terminable at the caprloe of a city council, and that Portland would do well were -It to thoroughly revise all these franchisee and clear up ail un certainty. Not one of the standard railroads en teritis Portland ever paid a dollar for the privileges thus gained. There has not. been absolutely steady progress to ward the ideal in past years.- boms franchisee, adopted aubsequent to oth ers that require annual payments, con tain no such proviso. ' - Ordinances la Question. , , The franchise ordinances that ere un der question an to duration of the privileges- conferred are as follows r Ordinance 1(3, framed In ill by the common council - of Eaat rortiand. granted the Oregon A California Rail road company a franchise on First street, from the center of A street to the center of V street: no compensation was reQufred from the company; the ordinance placed no limit on the Ufs of the franchise. -Which is now owned by the Southern Pacific. ' - - - I Ordinance Sv. pa sued by the council of Portland in 1. granted the Oregon tt California Railroad company a franchise,- no time limit being named, on Fourth street, from the south boundary of the eity to the north side of a street, and as much farther north as Fourth street may be extended; no compensation waa required; the council reserved the right to restrict or prohibit the running of locomotives ,at auch time and auch manner aa they may deem necessary; alterations of grades or streets and im provements -and repairs shall be mads as required by the council: the Southern Pacific now owns the franchise. -' franchise on Kill street. Ordinance 3.1(9. passed by the council of Portland in 18(1. grants the Ore gonlan Railway company. Limited, a franchise on 'Mill street, from block 103 to Front street, and on -Front fe'reet to Madison street, and thence to block 71; no compensation was required. - The council reserved the right to prohibit the running of locomotives at any time, the Southern Pacific now owns the franchise. Ordinance 310. passed by the coun cil of East Portland in 1(81, granted the Oregon Railway Navigation company a franchise In Sullivan's gulch snd other east side streets; no compensation was required; the council reserved the right to regulate the manner in which the franchise should be used and to prohibit the running of locomotives at any time; no limit waa, placed on the Ufa of the franchise. ,-; . ..,' ,,, - O. BV s aT. rreschiseaA -Ordinance (31," passed by the council of East Portland in 188T. granted the O. R. A N. Co. n franchise on Oregon, Pacific, Maple and Iaurel streeta; no compensation was required; no limit was placed on the life of the franchise. Ordinance 5,1(3, passed by the council mjCoHs franchise on the bridge ap proaches; no compensation was required; no limit was placed on the life of the franchise. . Ordinance S,(5(, passed by the council of Portland in 1882, granted the North ern Pacific Terminal company .a fran chise on North Front street and on East and West Park atreeta, snd "M." "N. ."O" and "P" streeta; no compensation was required; no limit was placed on the life of the franchise. Ordinance ,. passed by the coun cil Of Portland in' 1888, granted the Northern Pacific Terminal company a franchise in North Seventh, West and East Park. "M." "N." "O" and MP" streets; no compensation was-required; the council reserved the right to regu late the manner, in which the fran chise should be used, and so prohibit the running ot locomotives. y Ordinance 13.0(4. passed by ths coun cil of Portland in 4(02. granted the Northern . Pacitlo ' Terminal company s franchise on Front street. In Watson's addition; no compensation was required, and no limit was placed on the life of the franchise. Ordinance 107, passed by the council of Alblna in 1(00, granted a franchise to the Alblna Light A Water company.' a 'franchise for poles and wires In Al blna; no compensation was required, snd no limit waa placed en the life of the franchise. The Portland General Elec tric company now owns the franchise. Portland general Owns Boms. Ordinance (tt. passed by the council of East Portland in 1(37, granted H. A. Hogue, C P. Hogue and D. IL Jones a franchise for polea and wires In East Portland; no compensation waa required and no limit was placed on ths Ufa of the franchise, which is now owned by the Portland General Electric company. Ordinance 0(f. passed by the council of East Portland in )81, gasnted George W. Brown a franchise, for polea and wires in East Portland; no compensation was required snd no limit waa placed on the life of the franchise, which Is now ownea oy tne roruana uenerat taeoirio company. Tn Voles ana Urate, , Ordinance 3,(38,' passed by the coun cil of Portland in 18(3, granted O. W. Weldlcr a franchise for polea and wires In Portland; no compensation wae i quired and no limit was set to ths life of the franchise, which la now owned by the Portland General Electric, company. Ordinance (.133, passed by the coun cil of Portland in 1886, granted P. F. Morey a franchise for polea and wires in Portland; no limit was placed on the life of the franchise; no compensation required; the franchise now la owned by the Portland General Electric company. - Oes Company Affected. ' Ordinance AtlOl, passed by the-coun cil of East Portland in 1(93, granted E. W. Leonard. J. E. Condlct, C B. Bel linger, J. M. Geartn and William Under bill a franchise for gaa mains in Eaat Portland; no compensation waa required and no limit waa placed on the life of the franchise which is now owned by the Portland Gaa company. Ordinance 3,(13. passed by the council of Portland in 1(82. granted the Port land Hydraulio Elevator company a franchise In all streets of the city: no compensation waa required and no limit placed on the life of the franchise. Telegraph rrivlleges. ' Ordinance 7,942, passed by ths council of Portland In 188. granted ths Ameri can District Telegraph company a fran chise In all streeta of the city; no com pensation waa required and no limit waa set to the life of the franchise. Ordinance 4,996, passed by the council of Portland In 18(7, granted the Postal Telegraph-Cable company a franchise on all streets in the city; no compen sation was required and no limit was placed on the life of the franchise. Western Union Oets One. Ordinance 1,419, passed by the coun cil of Portland in 1893, granted the Weatern Union Telegraph company a franchise on all streets of the city; no compensation was required, and nO limit was placed on the life of the franchise. Ordinance, 9,(41, passed by the coun cil of Port bind in 1898. granted L. Zim merman a franchise to operate a pack ing snd meat business within the city limits; the ordinance excepts Zimmer man's .business from the application of the ordinance prohibiting slaughter houses In the city; no compensation was required, and no limit waa set to the Ufa of the franchise. .7;. 0 Grand Free Concert Saturday Afternoon 'and Evening At the SeUesrooms of the - I Columbia Phonograph Co. ' .' Next to Star Theatrt .. . . 371 Washilngton Street; See? lack. ifw Adele There are just as good fish in the ses a ever were caught. Eatelle Tea, and it would be Just my luck to land a lobster. cAbsoluteh Tare ; Royal Baking Powder Has not its counterpart at home or abroad Its qualities, which mke the 1 breid more healthful and the cake of finer appear- ance and flavor, are peculiar to itself are not constituent in any other ening agent - 7 baking powder is so accurately made; no other can be ubstituted for it if the finest and most healthful food, is required 7 OWNERS OF ALGQA - FEAR BAR Constant Knocking on Part of Pilots Finally Has Ex r pected Result. . ; SHIP WILL LEAVE ONLY PARTL LQADED Will Take on . Rett of. , Cargo at Seattle Algoa Ia Ship That Car ried Immense Cargo of Flour a Year-Ago. Strict orders have been lasued by the owners of the British steamship Algoa that she must not be loaded down to s draft that will endanger her touching the bottom of ths river when she leaves down for tns sea. This is said to be- one of the direct results, which has long been expected, of the constant knocking of the bar pilots. , . . The Algoa reached the harbor thta morning from Ban Francisco to load flour and grain for Japanese porta and Hongkong. It waa the intention to load her down to a 'draft of about 26 feet, but on account of the stand taken by the owners, who insist that some one will have to be held responsible if shs should .happen to touch-the top of a sandbar, it is probable that aha will leave for the aea drawing no more than 24 feet. Those directly Interested In shipping locally ssy there is no doubt that aha could make the trip without striking on a draft of even 28 feet, bnt no one cares to assume the responsi bility of the attempt MJeven hundred tons of cotton and steel rails were brought from the Bay City on the ateamer, consigned to a firm In Hongkong, and In addition to this shipment she will probably take- on about 8,000 tons at Portland. Bhe Is capable of handling almost 12,000 tons of cargo, and had it not been for the cry raised about the channel and the Co lumbia river bar by the pilots at As toria the big freighter would have fit ted out here almost to her full capacity. Bhe will now have to go to the aound to complete the cargo. The Algoa wae atortland just two years ago this month, snd won distinc tion by taking out the largest flour cargo ever floated at any port In the world, comprising, nearly 80,000 barrels of the product. She will be given qnlck dispatch on her present trip. ' After receiving fuel at the Pacific coast bunkers l.ila morning she moved over to Montgomery dock No. 2, where she began taking on her cargo thla afternoon. She la officered aa follows: A. Lecett, captain: J. M Perry, first officer; Allen Macauley. sec ond officer: O. P. Watson, third officer; Hugh Auld. chief engineer; T. W, Thompson, second assistant engineer; J. Toung, third assistant engineer, and J. Bailey, fourth assistant engineer. get ashore at a point eeldotn touched by the steamboats. A strong east wind waa coming down ths canyon end car ried the boatout of her course. It Is said that ahe is resting fn an easy posi tion and there ia ne danger that she will be damaged. If Ahe Jatsert sucoeeds in getting her out into the channel the stranded vessel will reach Portland this evening. ., . ,' .. -.. , ALONG THE WATERFRONT. - By means of a donkey engine snd a hauaer fastened to s pier of the Burn aide atreet-bridge... the steamer Aber deen, which was aground at ths foot of Couch street yesterday afternoon, suc ceeded in nulling herself out into deep water. .. - At ( o'clock this evening the steamer Alliance is due from Eureka and way ports; shs Is bringing a full cargo ot freight and the usual number of pas sengers. On Monday, the British ship Carradale will move from the Banfleld dock to Montgomery No. 2, where abe will be fitted out with s grain cargo for the ynited Kingdom. -In tow of the Ocklahama the schooner Ethel Zsne. lumber-laden, left down thle morning bound for San Pedro. Lightship No. 87, ordered sent to the mouth of ths Columbia river to relieve No. 60 recently blown ashore, - arrived at her station last night front Puget sound. Advices received today atate that the French bark Asle, under charter to load grain at Portland for. Europe, aalled on September 28. from Hobart, Taamanla, for the Columbia river. Bhe Is expected to arrive the latter part of November. The three-masted ship ' lying on the outside - yesterdsy proved to - be the Charles E. Moody from Ban Francisco. She is under charter to the Northweat Warehouse company to transport a car go of grain, to California porta This morning the French bark Touralne waa sighted on the outside waiting for an opportunity to cross the bar; she also comee from Ban Francisco, . MARINE NOTES. IS A NEW SHIP. carefully ;'t I , ROYAL BAKING POWDER CO., NEW YORK . -.1 . teamsr tolga, Wow la Fort, Js Bq. nipped With Modem Appliances. One of the newest vessels in the har bor-Is the.. British steamship Volga, which arrived. yesterday from Java by way ef Puget sound. , She was built at Glasgow in 1(0? and is equipped with modern apparatus lor tne rapid nana-line- of freight. 4 Immediately after be ing launched she started out tramping and haa been at it ever since. This is only her second trip serosa the Pacific her first having been maae to Dsn Francisco-from- the orient a year ago Her dimensions sre S90 feet long. K0 feet across the beam and depth of hold It feet. . It Is not definitely known juat how much lumber the Volga Is Capable of handling, as he waa never fitted out with" a cargo of that sort before. An effort will be made, however, to load her with I. BOO. 000 feet of fir. The work or loading her Is progressing rapidly at ths Inman-Pnulsen milt and It Is be lieved thst she will be ready to leave for the sea In less than 10 days. A, list of her officers is as follows: Captain Pattle. W. O. Watt, first officer,' A. M. Hgtuart, second officer; F. Horsfall. third officer, snd R. Flndlay. chief engineer. REGULATOR. AGROUND. Steamer Strikes Sandbar Hear Oneoata , Oorge. WV. 1 1 m rinmlii. Anmn the PAlumMe riv., fmni Th. Hn 1 1 a vesterrisv-wlth. a cargo of wheat and about 100 passengers the steamer Regulator went aground on a sandbar near Oneonta gorge and was still lying there at last reports. The Joseph Kellogg wss sent up there yes terday afternoon and brought the pas sengers to Portland. It Is thought that . D.mtatfl ran he Til 1 1 1 rA nut Into deep water today by the Bailey Qatsert, wnicu nas oeen vraereo to maae tue at tempt. ' , ' lator was endeavoring to make a land ing, so mat one or tne passengers mignt Astoria, Oct. St. Arrived down st and sailed at :4 a. m., steamer Aber deen, for Gray's Harbor: arrived st and left up at S a. m., steamer Alliance, from Coos - bay and Eureka; arrived at 7 and left up at 11 a. m., ateamer Columbia, from San Francisco: arrived down it l t m., German bark Ellbek; sailed at 8 a. m., schooner Virginia for San Francisco; -outside at 10:20 a. m. French bark Touralne, from San Fran cisco. San Francisco, Oct. It. -Arrived at I a. m., ateamer Costa Rica, from .Port land. . . 4 .Astoria. Oct. so. Arrived at :B0 p, m.. American ship Charles E. Moody, irom San Francjsco; arrived down at I p. m., schooners Virginia and Oakland. -San Francisco, 'Oct. 20. Sailed at I p. m., ateamer W. H. Kruger, for Port land. . ' - Hobart, Oct. 2 L Sailed September 28, French- bars Asia for Portland. Astoria. Oct. 8U Condition of the bar at 8 a, m., smooth; wind light eaat; weather clear. San Francisco, Oct 21. Arrived. schooner W. F. Jewett, from Columbia river. '. - , FOR BETTERMENT OF ' OUR PRISON SYSTEM (Journal Special (arrlsi.) -" Lincoln, Neb., Oct. 21. Three Im portant conventions opened their snnual sessions here today, the National .Prison Association of the United Statea, the National Prison Physicians' association and the National Prison Chaplains' as sociation. - All three organisations prac tically belong together and have" been organised for the purpose of Improving and reforming Ahe prison system in the United States In regard to their sen era! administration and management, their - hygienic conditions and .their moral and religious aide. Every -atate tn the union and every territory is rep resented by delegates appointed by the respective state and territorial govern menta and the United States govern ment is especially represented by the Rev. J. L. Mllllgan, who for years has representee ine united o tales govern ment at various national and Interna tional prison congresses in thla country ana Kurope. The three conventions will continue , until next Thursday. MATCH-MAKING PATENTS ARE SOLD AT AUCTION Joorsel Special grrvlee.) Wilmington, Del., Oct. 21. Under an order of the court of chancery Andrew t. Sanborn, as receiver, will sell at the courthouse this afternoon the 'letters patent and the right, title and Interest of the Ruby Match company in Inven tions of matoh-maklng ntachlnery-thnt were heed In the Camden plant of the Ruby company. It controls five valua ble patents used in the manufacture of matches snd all of them will be sold. Representatives of several manufactur ing concerns engaged In the manufac ture of matches are In the city and some spirited bidding Is expected at the auc tion. .The Ruby Match company waa a Delaware corporation doing business In Camden. - Yerdiot ef CrnUty in Fifth Trial. arvwUI THipeteH In The Jnai-ntl.t ' Corvallls. Or., Oct. 11. The fifth trial of the Corvallls clubmen closed here Isst t '. .L.t 1 e v,t ARE WVETEB) Tonight the Royal HawaBaa Cnintette wfll enter. oar friend at ova store. Yea are invitee:. yo an your friends. ; ' A Chance) yoo ; ToB Proal of Pkk Year Friends ... - Noble Names A Bay Better Than i r Letters , and Message Worl of Honor You will also have an opportunity to see that magnificent collection of "Gold Medal" and ; "Honor. Roll" Pianos. Although many of them have been sold, they are still on ex-" hibition, and if you wish to see the . ; finest collection of Pianos ever gotten . together on: any single floor space on the Pacific coast, come in arid . look at themsecond floor of our" store-'; . f : 1. ' . .-. : ;- -vT These Pianos all have a history. Every Piano eithetwon a gold medal at the Fair or was chosen by an ex- ' hibit for superior merit. " You will be proud to . tell your friends, ten : years from now that your Piano helped to make history at the Lewis and Clark Exposition. . . .' ' t A fine Piano is more than a piece of furniture ; it is a friend, a companion. One should be careful when choos ing his friends, both human friends and Piano friends. Here is a chance to choose f a : lifetime friend from among the aristocrats of their kind. These v33 Pianos are all of noble . .lineage and have performed a serv- v: ice . to mankind which places their . names in the Hall of Fame. ,.. . ' ' Every Piano in the list is worth' Its .. regular' price. Think of a Packard Baby Grand, worth every penny of $800, selling for $480. These instruments, are better than new. They have been used ; just enough by jjood musicians to dem onstrate their splendid tone . and wearing qualities. ' These, are sec-, ond-hand Pianos, better than new. and with a notable history. : v ;' Letters and messages from out-of ' town people will be given the most scrupulous attention. We shall con- , stitute "ourselves -the guardians of the jnterests of those who do not live in Portland! If you write us or' 'wire us to"reserve a Piano for you, it will be done. You can buy just as safely, as if you were here, in , Portland. ' ; . . - We give, our word of 4 honor--th'a word of honor of the oldest, largest and strongest Piano House in the Pacific Northwest that every word ' . we.tfill you about any instrument ia true. ' '. " A C "" ::" ".- 7 The Allen &Gilbert-RamaKer Co. . SIXTH AND MORRISON STS. . The bldest, Largest and Strongest Piano and Organ House ? -in the Pacific Northwest. c '1 Gofng! Going! Gone! Our large stock of Telecrepk In-, , etrnamenes, Teiepnenee, Beer Bells, 2Userte eeeSs, ate. . Send for re duced price list. , Dayton Hardware Co. . lse rxmsv STmaiiT. ', la-Kt anil vaautta In a varillct nf emlltV.' the Jury being eat only 10 minutes end taxing nui one oauou iooa wu v psssed Tuesday. ' Merwln MrMalnes and Mike Cllne are ths psrtiea in the esse. Ueer having left the oounyy. 1 0 ; . V