The Oregon daily journal., December 11, 1908, Page 15, Image 15

THE OREGON DAILY"' JOURNAL, PORTLAND,- FRIDAY EVENING. DECEMBER 11, 1908.
IS
COMMISSION FEARS
- FEDERAL DECISION
" '-' ' V",.;:;:;; 1 1 - ' -i. A, ,' -
Hepburn Interstate Act May Lose' EffectivenessBasis
. fdr' Fear Soon to Be petenninedShippers Arc
'l , ' Beady for Vigorous Contest. ' ' I
' Tlv John E. Lathroo. .
Washington, . Dec, 11. Member
of
th A Interstate Commerce commission
, are apprehensive that th efjectlveness
of the Hepburn Interstate Commerce
act will be destroyed by federal court
decisions. This apprehension la caused
by the apparent attitude of the courts
f rl cases thus far decWed, and obser
vation in general of the. current trend
of Judicial findings.' ; . y
It r ls expected - tha,t pending issues
will discover soon Just bow sound is
s. the" basis of this fear;, for, powerful
x shlDDers of the central western region
are bout to engage in a contest with
ine -carriers in a case in wnicii are
Involved rates .from the territory north
of the Ohio and east of the Mississippi
and - west of the Alleghanles, to terri
tory south of the Ohio. t !,
; f;; Powe Zs Questioned. ':
No1 secret is made by th roads that
they-hope" to prove in the courts that
the commission possesses jio power to
make rates or determine the relation
ship of rates. - 1
' And equally open are- some ' of tho
members, of the commission in averring
that the outcome of this case win
largely decide whether the government
Is to (to on to further solution of the
present puszllng traffic problems, or,
worsted, await additional legislation and
possibly even have to procure amend
ment' of the federal constitution.
"We must be given additional pow
ers," was the rather startling asser
tion' of one of the commissioners, "or
.we may as well retire from the inter
state Commerce business. If as hoped
by the carriers, they get court opinions
sustaining "what will be their conten
tion in the pending cause, we will be in
exactly the same situations as we i were
wuen In 1894 the courts divested the com
mission of the powers designed when
, the original Interstate Commerce -act
was passed." - - 4 j,
Maxminm Bate Cass.,- v
The 1894 decision of the court lo
which reference is made was the cele
brated rate case, in which the opinion
was that ' the commission possessed no
powers to' make rates or determine tha
relationship . of rates.
At that time. 14 years ago, !the Ques
tion was , as to the reasonableness of
rates from the oentral western terri
tory to points south of the Ohio river,
as compared with rates tp the same
points from the New England and New
York territory. It was largely that de
cision of the court which caused the
commission to remain a mere perfunc
tory adjunct of the federal government
until the Hepburn act was adopted in
1906, w.hleh it was hoped would Invest
the-oommiselon with powers sufficient
to enable the proper settlement of dis
putes between shippers and carriers.
The pending case was instituted by
shippers' organizations of Chicago, In.
dinnapoIiSV St. Louis and other large
centers," end lifts been accepted appar
ently by the carrier? for .a final, test
c-f strength of the commission.. The
case Is not Involved or Intricate, but
hangs simply on the degree of authority
which the law makers gave the oommls
slos'ln the 190B law. The commission
doubtless may hand down an opinion
ordering certain alterations in the rate
status, and the roads promptly will ap
peal to the courts, carrying It to the
supreme court, for final pronounce
ment. tippers' Contention.
The shipper will complain that rates
from the central "west- to south of the
Onjo. river territory are loo. high as
compared with" rates from the north-
Igbok for the
WISSGIRL
Wherever you see this sign
fhat dealer sells the highest
grade shears and scissors for
t very conceivable use.
Scissors and Shears,
owing to their unique con
Btruction will cut easily , and
clean the toughest of goods or
the thinnest of silks and al
ways stay sharp. t.
The Wiss name- on every
pair is your guarantee of sat
sf action and Wiss , , dealers
tvery where will replace free
pf charge any unsatisfactory
pair or we will.
... Popular Styles Including left
handed shears 50c. to ft. 00
tccording to size. m .
east' to the same territory; the decis
ion of the commission, if adverse to
the roads, will go up on the question
.of the sufficiency of the commission
authority, and a then the Judiciary once
for all will end the uncertainty.
, 11 mere saouia-. De court nnaing
against us," the commissioners said,, "it
will be necessary to ask congress . for
additional powers. For It may be ac
cepted as faot that the country must be
given a larger men sure of control of
rates, else the whole plan upon which
we are now. proceeding w(U pove to be
abortive; that is, if we get a. court de
cision adverse to'us in the case about'
to be fought out.". a ,i ' '
, The stijl more radical opinion la
known to be' held by one of the commis
sioners that' conditions now -prevalent
and those which be fears may come to
pass, In the near future, discourage all
discerning, advocates of effective ; gov
ernmental regulation of freight rates
and practices, "It Is quite as much the
regulation of practices as of rates which
all informed men understand to be i
vital. . . : ; :,,... I
So long ago as 1900, Martin A. Knapp,
chairman of the commission, In the An
nals of the American Academy -Of Po-
litlcal and Social Sciences 'appeeifed
with an article" trending toward gov
ernment ownership - of railways as the
solution of the problem. It is not Mr.
Knapp to whom reference has . been
made heretofore In this letter, and al
though in the nature of the case It
would be Impossible to Indulge In more
direct' mention of . personality than has
been made herein, it Is becoming known:
that the efficacy of the existing law has
been seriously questioned by , members
and Important attaches -of the commis
sion. . . ,
As a result of numerous interviews,"
always of a personal nature,' with the'
various members of the commission and
Its staff of assistants, I am compelled to'
record that some of them believe that
In the main the federal courts are hot
disposed to follow closely the progress
toward more liberal views of govern
ment regulation:
"n evry age," one of them said,
"the courts tincture their findings nec
essarily with popular thought. Indeed,'
in the last analysis, public opinion is
the court of appeal, and courts today
decide in a manner which would have
been thought to be anarchical yester
day. But the courts are manifesting an
almost reactionary tendency nowadays,
and most of the decisions run along a
line not parallel with, advancing public
demand for regulation of common car
riers. !
Gives Most Concern. I
"It is this thing which gives us most
concern. If, for instance, the "'pending
case of the middle western shippers
were to- be decided by the supreme
court against our powers to make rates
and determine the relationship; be
tween rates, the whole scheme of 'gov
ernment regulation now in force would
fall to the ground, and there would be
a mighty impetus toTjovernment own
ershlp as the only other alternaalve."
I am saying what in real earnest Is
the belief of many persons employed in
the commission's offices here, when I
assert that government ownership may
become a genuine issue In the near fu
ture. Cherished as it ' is, the present
provision for, regulation-is in danger.;
Ths rAilwavn 'hit no mfflna hiivs an. I
eepted-it as final. -They 'are prepared
to attack It savagely, after long prepa
ration by the ablest legal minds of the
nation. Ann wnen tney striKe. they ex
pect to strike hard, hard enough to
lay the Hepburn act on the shelf set
apart for , innocuous statutes.,
SOLDIER KILLS
HATED RIVAL
t
f" -
Private Duke Murderer - of
Sergeant Stanton at San :
Francisco Jealousy.
(United' Press Leased WlrO .'
Pacific Grove, Cal., Deo. 11. Jealousy
over a woman has brought Private D.
C. Duke, company B, Twentieth Infantry,
to prison with two charges hanging
over him, the murder of First Sergeant
Edward Stanton of the same company
and an attempt to ' kill' the woman in
the case.
The affray took place yesterday In a
tamale restaurant, where Duke discov
ered Stanton and the woman eating to
gether. Mad with Jealousy, the soldier
i an back to the Presidio for his revolver.
Returning he opened fire on Stanton
without warning. Both shots took ef
fect and Stanton fell dead.
Duke fired twice at the woman, but
missed. Then he turned to escape from
the building. ' At the door he ran Into
Policeman Dosch, who ordered him to
halt. Duke raised his weaoon. but be
fore he could ftre Dosch sent a bullet
through his shoulder. Duke dropped to
the ground, and was later arrested and
sent to the army hospital. It la said
his wound Is not dangerous.
WOMEN FIGHT EACH
OTHEE WITH FIRE
. '. .Present:orices.of lots-(11:50x100.): $75 (X). each". ON AND AFTER DEC 16, 1908, THE PRICE OF SAID LOTS WILL
r;rr rJ3E $125.00 EACH, an advance of $50.00 j)er Jot, and this last named price : will be subject to an advance without notice. We feel
T jubilant on being able to make this announcement, and are'fully justified in making this advance in prices for the following reasons:
: fV''jV'-:-. ''Yvtsi&xtttrii survey of the P. R. & N. Railway has been made bringing this road directly upon this peninsula and. within 7
i' V a 'storje's throw; of this property. - ,; . - ., - - . : , , .. ;
i V iSeconaT-Ai water .'company' is now ' forming, to bring pure spring water directly down NECARNEY BOULEVARD, and onto
;;;;.; thispropetfy byithe time.' rail transportation'is-there... You can ...
Save 850 and Perhaps $150, by Buying Before the 16th of This Present Month
Wiss Razors at $1.50,
$2.00 or $3.tx have the keen-'
est of cutting edges which
insure the smoothest shave
and yet preserve the natural
softness of the skin.
; Perfect? shaving!-satisfaction
guaranteed or your
money back. "
(United Frem Leases wire.
Chattanooga, . Tenn., Dec. 11. One
woman was burned to death and an
other has escaped after having a hole
burned through her cheek with .a red
hot poker,' as the result of a terrific
fight between two inmates of the fe
male department of the Knox county
workhouse.
The trouble started "Wednesday, night
when Lizzie Bryce, armed with a ooker.
attacked another woman. The Bryce
woman knocked down her opponent and
standing over the prostrate form.
pressed the red hot poker against, the
raiien woman s cneeic until it burned its
way through the flesh. The screams of
the victim attracted attendants, who
overpowered the Bryce woman in time
to save the other's life.
Early, the .next morning Lizzie Bryce
awakened ' to find her bed In .flames.
She was so badly burned that she died
yesterday. The girl with a hole burned
in her cheek had disappeared during the
night.
POSTAL SAVINGS
BILL MONDAY
rttaltea Pre Leased Wlre.V
Washington, Dec. 10. The senate to
day received , the report of the comp
troller of the currency. Senator Lodge
announced that he would ' diticuss the
Brownsville case next Wednesday. An
adjournment was taken until Monday,
when the -postal savings bank bill will
)e discussed.
WALLOWA MAN DIES
: : AT ELLENSBUPtGr
,",v - ''I ' ,
v (t'nlted Pre LeasriKVlre. ) : ,
'Ellcnsburg,. Wash., Dec. 11. Keith
McLaughlin, whose home is at Wallowa.
Or., died at the home of friends. In
great pain, after eating a hearty supper
at a Chinese restaurant here. Presum
ably ptomaine poisoning was the cause
of death. -
' .
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6V.,
NECARNEY CITY is a real pleasure resort. Nchalem Bay is a beautiful
stretch of water about eight miles long, and for yachting and boating cannot
be surpassed, while fish of all kinds abound in its waters, and crabs and
clams are too numerous to mention; and during the open season for duck
shooting,, thousands of 'these feathered fpwl are seen floating upon its placid
bosom; and. the hills back of this resort and across the bay abound with wild
game of all 'kinds, and the small strdams emptying into the bay and ocean
about this resort are fairly alive with' the justly-famous mountain trout. In
fact;vthe-many things that! make it a pleasure to spen your vacation at a
certain" place are all about you at this resort, and these foregoing facts will
make this property very desirable, and especially the fact that this resort is
and will always remain the closest beach resort to Portland, will make this
property become very valuable.. And upon the advent of the railroads into
Tillamook County, one survey of which is but a few hundred feet away, and
the other but across the bay, and each of them interested in getting into the.
county as quickly as possible, and with at least two, electric lines running
surveys into the same place, this property will advance in price with a
speed that will be astonishing. We firmly believe that to purchase lots in
Necarney Gity at present prices is the very best investment one could make
in Oregon.
ME
HAIEM BAY IANB COMPANY
Room 3, Chamber of Commerce
And 1000 Williams Avenue
The
Cream of
Irvlngton
IS ALREADY THE MOST DESIRABLE RESIDENCE PART
OF PORTLAND FOR THE FOLLOWING REASONS :
FECI
PAH
Proximity
Only a mile ajid a half from the retail
center of the city. In the midst of the best and most rapidly grow
ing home section. Quick transportation and the finest automobile
streets to and from' town.
ImprOVCmCIltS Over $250,000 spent in making
. the property the finest improved district in the northwest. Asphalt
pavements, cement walks and curbs, sewer, gas and water mains
and everything completed ready for building.
EnVirOnmenf Being a part of Irvington, its so
cial surroundings cannot be questioned. Being at an elevation of
190 feet, it overlooks the adjoining additions and commands a
scenic .landscape, that people travel thousands of miles to see.
' .. '
1 '
Prices Considering its improvements, its location and its
proximity to the activities of the city, it , would be expected that lots
in this addition would sell 'rapidly for as much as $2000. As a
matter of fact, the prices are $1000 and up. . . ,
241 Stark Street
Portland
Oregon
RO0NTREE
iSt OIAIVHOMO
Transportation
On two carlines, Woodlawn
and Alberta. Cars every three and five minutes all day long. No
transfers or roundabout right of way. A ten-minute ride from
Second and Washington, where the cars may be taken. "
t
ReStriCUOnS On homes, $2500. Nothing but homes
may be built. Only one to a fifty-foot lot. Must stand 25 feet
back'of property line. These restrictions are not burdensome to
the class of people who will build in PROSPECT PARK.
POSSlbllltieS Within two years it is conservatively
estimated that the property will double.. At present prices it
surely will. The tremendous demand for exclusive districts makes
PROSPECT PARK unusually desirable.
Terms It has been decided to sell property in PROSPECT,
PARK upon terms that will be very easily met by those people who
are able to build $2500 homes. In this manner, it is hoped to build
the district up very rapidly. .
East Side C::i22
Fast Stvcs!h c"l Ir M Vz.
D. L. f:.:! :rJ liC. r i