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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Aug. 21, 1907)
THE OREGON DAILY jduRNAi;!; PORTLAND,, WEDNESDAYtEVENINO. AUGUST ;2i;Vj80r 4 1 CMftP OF HONOR T0 CARNIVAL QUEEN ' bh pa JJj 1 mh-t-a' w,'l ws J u Hi CITY CAN ANNpL i1. (Continual from Pg On.) Tillamook Guards, an Organisation That Will Bo a Feature at Tillamook's Fair and Carnival, Which Will Open Tomorrow. (Ipltl nitatcb to Tb JoBratl.) Tillamook. Or., Aug. 21. Th orcan liatlon known na the Tillamook Ouarda, n-hlch wai formed by C. E. Reynold!, a Grand Army veteran. In compoaed of about 40 Tillamook boys. It will take part In the Tillamook county fair and trcet carnival, which will take place on Thuraday. Friday and Saturday of thla week In Tillamook City, and for which extensive preparation! are being made. The fair will consiat of exhiblta of dairy and .farm rroducta of the county and will 1p a stock show aa well. The boya are dressed in khaki aulta. cap. bloune, irouaera and leggings, and are armed with .22 rlflea. The names of the boya are: Cloyd Dawaon, first sergeant; Hart Epplet. second sergeant; William Snow, third sergeant: Frank Cook, Harris Blbby, Brooks Lucas, Martin Callerlln, Ben Wade, Henry Leach, Thomas Van Pat ten, Lloyd Williams. Ralph Harris, How ard Lamar. Lloyd Eberman, Fred Travis, Bert Thompson, Burt Clements, Henry Wist. Ed Wist. Carl Kunse, Vernon Bain, Edward Kunin, Dewey Kunse, Vert Stanley. Thomas CoateB, Lesley Harri son, Cneaser Mills, Frunze Mills. Henry Helsel. Gilbert Helsel. NeaJ Hlner, Es tler Mills, Lloyd Jones. Daniel Scofleld, Fred Wist. Gardlne Page, Clint King and Erl k Ounatrom. The Tillamook Ouarda will escort tha gunen of the carnival. Miss Hattle Ma rolf. to the grandstand, where she will be crowned on the opening day. The boya will give drills during the fair, as well as a sham battle with blank cartridges. UNWRITTEN LAW PLEA IS MADE IH CORSICA Ajaccio Peasant Youth Kills Handsome Officer Who Betrayed Itis Sister. (Journal Special Berrlee.) Rome, Aug. 11. The court at AJao clp. In the Island of Corsica, has ben "occupied for some days past with the trial of an "unwrttten law" case. The defendant is a young man named Philippe Antonettl, a laborer, who last April ahot and killed Lieutenant Oemer dOrth. The murderer succeeded in making hla escape, but a week afterward gave himself up to the police, saying that he did not regret what he had done, for the lieutenant had ruined his sister. The latter la an attractive young girl. 16 years of age, who had been a waitress at an Inn where the officers of the gar rison were In the habit of dining. The girl absented herself from home one night and on her return confessed that she had been betrayed by the lieu tenant. Father, mother and brothers, after swearing to avenge the family honor, went In a body to the offloer and told him to choose between reparation and death. He treated the matter with contempt. Two days later the vendetta was executed by the eldest brother, who shot the officer aa he was In the act of lighting a cigarette In a cafe. HARD GROMD TINDER FOOT AT CHEHALIS City's Efforts Concentrated on Good Streets Hundred and Twenty Thousand Will Be Spent. Two girls, aged IS and 14. speak no English, came all the way from Denmark to Pendleton alone to live with a relative. (8pdil Dispatch to Tbe Journal.) Chehalls. Wash., Aug. 21. Chehalls challenges a comparison with any other northwest city of 4,500 people, and many cities claiming' larger population, in the matter of public Improvements under way. The city council has Just awarded a contract for paving Market street with vitrified brlrk to P. E. McHugn. a Tacoma contractor, for 145,860. The next lowest bids were those of Ernest Lister for 146,110, and Frank Keaaal for 146, 800, both of Tacoma. The bid went 19,060 higher then the estimate of the city engineer, the discrepancy be ing accounted for by a difference in cost of securing sand and gravel, which will be ahlpped in by rail. As the work be gins at the railroad crossing teaming will be a simple matter. It la expected to have the pavement completed by the middle of December, the delay being due to the fact that the vitrified brick factory la so far behind In Ita orders. As a result of the Interest that has been aroused In better streets a resolu tion has passed the council for paving two blocks of Chehalls avenue, another main business street. Brick, hasaam or asphalt will be used. This improve ment is estimated at 116,000. A Dlanket ordinance for the Improve ment of all the streets south of Par street, including the frontage of about 36 blocks, has been Introduced, the es timated cost being 110,000. Contracts already let for street im provements here now aggregate 170,000, and other work now before the council will add another 150,000 to the total. Once upon a time Man lived upon the prey that fell in the chase. His vigorous active life enabled him to keep alive upon a diet which The Modern Business Man of sedentary habits, cannot possibly thrive upon, and now Modern Conditions Demand a Modern Diet Success in all undertakings depends upon, and cannot be secured without, a healthy body and a keen brain, and they cannot be kept healthy and vigorous by drugs, or in any other way than nature's way, that is, by food. There is only one Road to Wellville" and along this road only good, pure, properly cooked food is served. The makers of Grape-Nuts claim, with the best of reasons, that this scientific food is superior to any other for rebuilding the brain and nerve tissues and muscles worn down by modern strenuous life. "There's a Reason" for this claim. The manufacturers of Grape-Nuts keep in this food the valuable phosphate of potash which unites with albumen and water in the human digestive organs, and directly feeds the delicate brain and nerve centers. White bread lacks this important element, for the phosphate of potash is in the brown cells of the wheat berry, and the white flour miller must throw it out, because it will not make white bread. Then, too, all the starch in Grape-Nuts is changed in its manufacture to a form of sugar, which is very easy of digestion. This delicious food needs no cooking. It is ready for instant use, and makes a crisp, toothsome dish of decidedly unique flavo'r. It possesses high value as a strength-making food, welcome alike to athlete, brain-worker and invalid. "There's a Reason" for - s 1 found by tha city authorities that the present charter of. the city nor the franchises held by the company gave the city authority t9 fojNft the railway company to nnien. u repair work , at any definite time. The Question of a possible remedy was turned over to City Attorney John P. Kavanaugh, and In tracing it down he round ttiut tue franchises under which the Portland Railway, Light ft Power company is now operating were granted to the Portland Railway company and me city et Duouronn company in 1B98. under the charter of 1898, they being wni were Known ai mai lime as me Dlanket franchises. Going still further into the old charter It waa found that one section relating to iranonises stipulated mat au rran chisea granted should contain certain definite provisions giving the council power to control street Improvement work, both as to place, manner and time and' with the furl lie r provision that un less such provisions were Incorporated in the franchises they were, by that omission, made forfeitable. Stipulations Must Se Bead In Mr. Kavanaugh holds In his opinion, therefore, unless the railway company allows the courts and the council to read Into the franchises these stipula tions, which were omitted when the documents were drawn, that the fran chises are subject to forfeiture. The al ternatlve remains then that If the com pany does make such an admission it gives to the city ample power to enforce Its requests for street Improvement as to the time of commencement and the date of completion, under penalty of for feiture Of the franchises. President Josslyn of the railway com pany declined to make any comment on the opinion of the city attorney this morning or to Intimate what the atti tude of the company would be. "It would not oniy be unbecoming In me, but unwise as well, to discuss the question until I have seen exactly what the opinion of the city attorney Is," said President Josslyn. "I wish I could make It plain, how ever," continued the speaker, "that the company does not wish to delay street Improvement in the least. It Is pro ceeding with all repairs as rapidly as Is possible under present labor condi tions and its ability to secure mate rials from the east. It Is Just aa un profitable and unpleasant to the com pany to have the work retarded as It Is to the people or the city. We are pushing the work with all the baste possible under the conditions, and will continue to do so. The company Is doing its best to make improvements and ha no Inclination to hinder the city in its improvements." Attorney XaTanaufa's Opinion. The text of the ODlnlon as written by City Attorney Kavanaugh la as fol lows: "August 21, 1907. Hon. A. L. Barbur, Auditor of the City of Portland, City Hall, City Dear Sir: I have your favor of the 26th ult.. wherein you ad vise that It frequently happens that a contract for the improvement of a street cannot be completed for the rea son that the railway company falls to raise or lower Ita tracks to conform to the grade of the atreet. You further advise that the committee on streets of the executive board requeats advice as to whether a failure by the railway company to place its tracks on the es tablished grade, after receiving notice from the proper officers, affects the validity of Its franchise, and also what remedy the city has if a railway com- . pany neglects to raise or lower its i tracks when It Is directed to do so. After tne receipt of this letter I had a conversation with the members of the committee on streets and waa in formed that the railway referred to was the one now operated under franchises originally granted to the City & Sub urban Railway company and the Port land Railway company. These fran- i chlses were granted under the chartei of Ihe city of Portland filed In the of fice of the secretary of atate October 17, 1898. Section 28 of that charter contains the following provisions: Prorldss for Zaprorements. ""Provided, that in all future fran chises there shall be Inserted a provi sion that will require the grantee of the franchise or Its successors to maintain the streets as required by the common council and the board of public works, and for failure to do so said franchise ' shall be forfeited. And all franchises granted to any person or corporation to lay down tracks for streetcars' or other railways shall provide that the terson or corporation to uhom the franchise is granted, and their or its successors shall, durlnjr the life of the franchise, pave, repave, reconstruct or 1 repair, from time to time, whenever di rected by the common council, the wuui? yji miy uuu uj. lilt) sireei useu uy saia streetcar or ranroaa company and the portion of the street between parallel linos extending one foot beyond the outer rails.' "These provisions of the charter are a limitation on the power of the com mon council to grant a franchise to utreet railway companies, and the com mon council nas no authority to ellml- j granted to uch companies. section l or the franchise arranted to the City & Suburban Railway com pany contains these provisions: " 'Said City & Suburban Railway com pany, its successors and assigns, owner or owners of the railway tracks con structed or maintained under authority of this ordinance, shall fill In or grade to the established grade, and plank, fiave, repave, reconstruct, or otherwise mprove or repair from time to time. , whenever directed by the common coun- cil, and necessary to put the same into I as good condition of pavement and re pair as the adjacent portions of said street or streets, and In such manner as the municipal authorities may direct, any portion of the street or streets along or over whioh the said railways are or shall hereafter be constructed the whole width of said railways, be tween the rails, and between the tracks, and for the width of one foot on the , outside of the outermost rails.' j Old Provisions Omitted. I "Section 7 of the franchise to the ' Portland Railway company contains a provision in language identical with the foregoing. It will be observed that these franchises do not contain the provision of the charter of 1898 above set forth relating to the forfeiture of the fran chise upon the failure of the company to maintain the streets as required by the common council or the board of pub- 11c works. They contain provisions that the grantees and their successors shall improve or repair the streets whenever directed by the common council so to do, 'and necessary to put the same Into as good condition of pavement and re pair as the adjacent portions of such street or streets.' This latter provision does not accord with the provision of the charter and is not authorized by the grant of power from the legislature to the common council. The charter Is the source and measure of the power. The grantees of this franchise were charged . with notice of the power delegated to the common council and the limitations placed thereon. The charter prescribes that these conditions be imposed on every franchise granted. Franchise Can Be Forfeited. "I am of the opinion that the restric tions imposed by the charter as the condition to a grant of a franchise are as much a part of the franchise as the provisions actually incorporated there in, and that they can be enforced against the present holders of the franchise. The provisions of the franchiser repug nant to the charter requirements are inoperative and void, for want of au thority In the granting power. If this view be not accepted, and the grantee insists upon the franchise in the lan guage In which It was granted, or at tempted to be granted, then the fran chise Is void, because the common coun cil had narrower to grant it. "The committee on streets of the vriiHvA hnnrri In thnreforA ArivlKAff I that the grantee of this franchise must raise or lower its tracks to conform to the street grades and Improve or repair the streets, between the tracks, between the vails, and for a space--of one foot beyond the outer rails, when so directed by the council or executive board, and upon rauure to comply witn sucn airec- null, lis iiaiiuuiBo la nuujoti iur felture, as provided by section 28 of the charter of 1898. J. P. KAVANAUGH. , . "City Attorney." f a Ate Good Beer and Good Health Dr. AthbcU Parmelee Grinnell, Firtt-Vice President 3 New York MedicO'IeggJ society, states that the drinking oi good beer promotes health. The reason is simple. ; Pab5tBlueRibboii ! Tke Beer of Quality is made from Pabst Eight-Day Malt that is matured by a special 1 process which follows Nature closely and retains in the malt all of the wholesome, healthful food properties of the bafSirain. ; The Pabst Perfect Brewing Process transmits these qiiSfeJ ities, together with the invigorating properties of the choicest! hops, to Pabst Blue Ribbon Beer in predigested form, ready for immediate assimilation by the system. When ordering beer, ask for Pabst Blue Ribbon. .And Bottled only at the Brewery Charles Kohn ft Co., i nira t nne ens., i-oniana. . Pbone Main 460. II i it A, in s m i N ft r I At Breakfast Tim I1 u & rule, Cocoa xilllw ia most appre ciated. The housewife who serves GhlrardellTs delic ious Cocoa for the breakfast of her loved ones does much to prepare them to 0 meet all conditions of 0 weather, work and worry. J It lightens her own labors also to drink a cap of Ghirardelli's Cocoa The Government of the ursi i$ the only Govern i ment In the World that provides, its citizens with a JL simple means of distinguishing between REAL j whiskey and imitations. Under the Bottling In f -i Bond Act, whiskey bottled un- I xmj acr uovcrnmcnt supcrviaiun must near over ine THE on neck of each bottle Green Stamp which is plainly stated the exact age, strength and quantity of whiskey in the bottle. When your health requires a stimulant, demand inKStifim i BOTTLED IN BOND my BfooK PURE FOOD DISTILLED IN KENTUCKY BscauM lhH Vm "1 KNOW that in. whUkay ymt Sriak Is sist fciaiiiaf srs.' arttti? dally agW ar adulterated Is any way. SUNNY BROOK la distilled sslantlflcally. atstarat tawmiglily. ripaneS ana flavsrai ky age ealy. ij kettled aoder the Street suaarvlalM tt U. 8. Internal Revanse Of Hears. It Madias the mamirmt Ms Its alga entity and soft, rich Haver fully smart a whbfct wit haul aa teaal the, cMeatt ereduct at Keatucky's greatest DiaUaryLr' BLUMAUER & HOCH, Portland, Oregon, Distributors. S1.00-A WEEIH1.00 WILL BUY YOU A Diamond op Wat$& II . ON OUR EASY PAYMENT PLAN Every Article Guaranteed : STANDARD JEWELRY STORE 189 Third fitreet. Between Yamhill and Taylor n 4 - V ft J.