THE OREGON DAILY jduRNAi;!; PORTLAND,, WEDNESDAYtEVENINO. AUGUST ;2i;Vj80r
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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
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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
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my BfooK
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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'
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STANDARD JEWELRY STORE
189 Third fitreet. Between Yamhill and Taylor
n
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