The Oregon daily journal. (Portland, Or.) 1902-1972, December 22, 1908, Image 3

The Oregon daily journal., December 22, 1908, Page 3, Image 3

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Newspaper Page Text-I i THE OREGON DAILY . jUUKNAL,"" PORTLAND, TUESDAY. EVENING, - DECEMBER 22, 1908. 3 , IS FOR LIGHT HOT CURRENT ; .1 - - i ' - . v-- . - - -. . ... , -, .-!.' v : A.-: , City Attorney Construes Mu nicipality's Contract "With the Electric ' Company- ! ,' That Illumination and . not current as called, for in the clty'a contract with th' Portland Railway, Light & ; Power company . Is ; the textv-of an opinion ;tjr tha city 'attorney ' to ba submitted by him this morning ' to the lighting com mittee of the council. ; . .,:-. Nearly a year ago the light company obtained permission from the city to change the type of lamps In use on the streets. By so doing the corpora tion was able -to furnish the . same amount of tight and reduce the cost to itself by cutting down ths voltage by tne third. . - rv J - ' The executive board held that- the city contracted for a certain amount of ileotrlcity and that when this was not iunniiai it dhnulrl not ouv the full con tract price, so the bills sent In for the at eight fnontns nave oeea inmmeg y 31 l- per cent. . , . . Tjiat pari or. me city attorney upiu lon relating to the' question of whether the city must pay the full amount of ths bills or not is given herewith: f - Text of tas Opinion., i "This -tontroversy does not ' relate In : my oplnloni to the failure to supply, light of certain intensity and diffusion. It the contract required tha company to furnish lights of a certain degree of brilliancy : and Illuminating standard I TlXHt oy the CORtraci, in umer wunin, If less light wai furnished than was contracted to be supplied, the. question would be entirely different. But' the complaint here is that the company did not consume- the required amount of piirrsnt ml th . nuostlon of actual "il lumination is apparently waived. In the original contract, the company greed to Install and operate arc lamps, of so-called 2000 candlepower,' consum ing 60 volts and 10 amperes of electri cal energy. A lamp of such capacity Wss then in use ana was continued mu der the contrsct without objection as t the character of light furnished, so far as the record discloses. Objections were urged on account of outrages, but no objection appears to have been made to the character of light while the arcs were ..lighter. Then the . change was made, with the city's consent, to a new aro of different and improved type, op erated under a new. system. Better light mrolshsd. "Less electricity is actually consumed by the -arc. but it. appears that a bet tor light Is furnished. I am not an expert and do not attempt to determine the actual saving to the company in current; but I am advised that this saving Is.small on account of the waste of energy in the transforming and rec tifying processes essential to the new system. There Is probably considerable reduction In the cost of maintaining the system, but the city cannot take advan- GOMEZ YIELDS TO PRESSURE Holds Himself Out as Loyal to Castro, but Dismisses , Castro's 3Ien. v ; (United Pre Lasud T.) Port au Spain, Dec - 22. Fearing revolution against tne present adminis tration, . Vice President J. Vincente Go mes has displaced the cablnetof fleers of rresiaent cipriano uasiro. according io advices ' received here from- Caracas. Governmental changes have been ex pected for some time and for many days Gomes has resisted the demands of the enemies of Castro. In self-protection, however,, he was compelled to yield. - The moat - important change ta the succession of General Redulo Olivares to the post held (by General Diego Fer ren as minister' of 'war. . General Oli vares served with distinction in crush ing th revolution of six years ago. - Changes have taken place in the de partments of - education -and - state and several of the ministers who are at present in Europe with Castro have been deposed. . .-.v-... ' - . ' -.- inc.. nf imnrovements in that respect. KI am persuaded from a careful con sideration of the question) and a re view of -the authorities,, that the courts will not construe the specifications to require! the company to consume 60 volts and 10 -amperes of current in each tiew -e.ro, but that they will construe this provision of the specification as relating to the aro then in use. It ap pears that the present arc cannot be operated under the quantity and pres sure of current provided by the specif cations,' and the city . having consented to Its use, and the service proving sat isfactory; it would be . deemed to have consented to the , use of the current appropriate to the operation of the new arc. If the new, aro be -operated to Its capacity of current. I am of the;onln- ion that thts would be held a compli ance wun ma existing contracts. ; - iFrovislon Wot .Important. ' "The - provision in the supplnen tal contract, that the original contract will remain in force, except as1 amended or changed by the' supplemental' contract is n.ot important. im would follow, oven if it wer'now, stated ln -tha con. tract. - It doss not -enlarge or diminish the liability of either nartv. . "It, is essential that the- city insist upon a raitniui compliance with all its contracts. I have enforced this princi ple with' uniform insistence and will continue in that course. It is equally Important that' the city treat its con tractors fairly, as suggested by the lighting committee of the executive board. It is also important that the officials be advised of the probable re sult of contemplated litigation. This opinion Is based upon the assumption that the installation of the new arc Im proved the public lighting service. The question submitted to me assumes that condition, and if that be the fact, I am unable to discover a legal defense to the bills rendered. "The committee is, therefore, advised upon the first question that in my opin ion the city would fail in- an attempt to escape payment of the amount de ducted from the lighting contract, If the facts be as assummed by this question." I , , , ' , ' , , , , ,' . , .1 " ' ". " ' 1030 Here Framed ricfcrts' 3 values la . hr $1.S s Victor Talklgg aiachiacs ri lowest prices la Portland and ou easy terns at UY YOUR GIFTS AT LIPMAN - WOLFE'S. A gift fai a box or wrap ping paper bearing this name is v dcmbly acceptable. It ; is the hl"1"81" ; f ' quality y on- dry goods and kindred lines, as not able in its way as the word "sterling" bn sUver. Quality is . doubly valuable when ' buying gifts, and the place ' to "find ; quality is at "Portland's most reputable store." Gifts of sim , pie elegance and sure appeal. Hundreds of extra clerks and widest aisles in town to make Christmas shopping a pleasure at Lipman-Wolfc'8. - - Shop early in the day and shop today thus you will avoid the worst of the just-before-Christmas rush. Hundreds oi extra employes and widest aisles make Lipman-Wolfe's the most satisfactory Xmas store. ' We call especial attention to our superb departments devoted to Intants Wear, Kimonos, Knitted Shawls. Also the best Jewelry, ; ' ( -Leather and Toilet Sections in Portland, Shoppers will find ' many very unique and pleasing suggestions in these sections . Xmas sales in all departments. Thousands of price placards call attention to bargains which would fill a great many pages of advertising in this paper fli0 Opeim JjjKwi o9CtoeM Important. We are selline our drummera' umnlM of toilet, manicure, shaving and travel- ------ Kaiiuim.a, IJUinrB, wrilllljf cases, hsnd and rriplicate mirrors, fancy boxes of writinK Daner. calendars, etc.. at greatly reduced prices. BANBORW, VAIL. & CO., 17ft First St. Portland. Or. FLY WHEEL IS mm mm Second Costly Accident Oc curs at Oregon Lumber Company's Plant. (Special Oispntcb to Tt Journil.) Hood River, Or., Dec. 22. After get ting the power plant of the' big lumber mill of the Oregon Lumber company at Dee In snane to run aealn after the last accident, the flywheel flew to pieces when the plant was started up yester day morning. -The first accident was of a ximllar nature, and took place but a few weeks ago, compelling the com pany to close down, ana, nesiaes entail ing the cancelling of several rush or ders, n expenditure of $8000 was neces sary to install a new wheel. . . The explosion yesterday was caused by the' failure of the mechanism that governs the flow of water Into the eight foot turbine water whevl to work. This allowed the water to flow into the wheel too swiftly, causing the turbine to run away and revolve the fly wheel so rap idly that it flew to pieces. Its 10 tons scattered in alt directions, soma frag ments being thrown several hundred feet, across the Hood River. No one was injured. Tha loss to the company will be considerable. In addition to the damage to the machinery it will, of course, be necessary to close down. About 10 days ago ths powerhouse took fire and was onlv saved after a hard fight. An old mill man attributes the company's bad luck to the fact that tne Dlant was started uo on Friday. The mill was built by Nelse Mocn. a Norwegian millwright, and it . is said that he pleaded with th management not to start the mill on Friday. He maintained that If the, mill had been started on some other day its misfor tunes would have been avoided. UNION PACIFIC BUYS LAND AT CENTRA LIA Centralis, Wash., Dec. 22. A tract of 300 acres owned by August Bewail, one half mile north of the Centralis city limits, was today purchased by the Union Pacific company. The purchase price was $20,000. The land is near the junction of the proposed Gray s Har bor & Puget Bound (Union Pacific) railroad and the Oregon & Washington railroad, .the .Union Pacific - line from Portland to Ta coma It was rumored today that the Union Pacific intends to' establish car and re pair shops here and the purchase is taken as a confirmation of tire rumor. The land is level prairie and so situ ated that a water supply could be se cured from the gkookumchuck river. LOSER THREATENS " LIFE OF BROKER Anonymous Writer Demands That Price of Coalition Be Put Back. (Uoltrd PrM Leased Wirt.) San Francisco, Dec. 22. Nathaniel Boas, a stock broker of this city, today received an anonymous letter threaten ing his life unless the price of stock of the Rawhide coalition was raised to Its former level. The stock was smashed last week by a coterie- of New York shorts assisted bv local men. The mis sive, which was written in a hand la boriously disguised, follows: "Nat Boas, City You are the man who forced down Coalition now, if you brinir this stock back to its former price of $1.60, this coming week, you do well, ii not, your last days or Hie are counted. If you believe you can cut other people's throats by swindle, then you deserve a bloody , death all right. (Signed.) REVENGE? Boas does not regard the missive as a hoax and has turned it over to the police. The stock opened this morning at 65c bid with no shares offered. BUSINESS MEN WANT RACING ABOLISHED (Special Dlipatcb to Tb Journal.) Butte, Mont.. Dec. 22. The Butte Business Men's association, at a meet ing last evening, adopted 4' resolution favoring the abolishment of all race track betting, poolrooms and voicing the association's opposition to long race meetings. It was resolved that the Hllver Bow county members of the state legislature be requested to use all honorable means to enact such lawaJ as may be necessary to abolish these evils. - The association, also fathered a movement to have the Chicago, Mil waukee & St. Paul railroad incorporate "Butte" in its corporate name. University Will Honor Poc. ' (Special Dltpatrb to Th Journal.) Charlottesville, Vs., Dec. 22. A num ber of noted scholars and speakers have been invited to take part in the exer cises 4.o be held at the University of Virginia next month in celebration of the centennial of the birth of Edgar Allan Poe. Poe was a student at the university in 1826 and the records still in existence show that he distinguished himself by marked proficiency In Latin and French and in Italian translation. He left the Institution before the time for his graduation, to seek his fortune as a poet and Journalist. IIECK BROKEN; i LIVED 7 DAYS T. C. Murphy of Ashland, S. P. Brakeinan, Dies . at Sacramento. J Unlted Press Leased Wlr. Sacramento, ftal., Dec. 22. T. C. Mur phy. a Southern Pacific brakeman, died in the railroad hospital here today, af ter living seven days with broken neck. He fell from a boxcar at Ash- land. Or., on December 14, and was brought to Sacramento December 15 and lived until an early hour today. Mur phy's body will be sent . to his home at Ashland tomorrow.-, . -v -- Insane IJarkeorxy Take Morphine. (United Pri Ltaaed Wlre.t 1 Redding, Cel., Dec. J2. Carl Wend t, barkeeper, attempted suicide yesterday by taking niornhine. He is insane, and there is no hope of saving his life, , Make table reservations for Christmas; dinner at the Lenox. Third and Main. ' - - :; . - - . - , , -', . -- . - - , - - . - .... .. B POWERS lft A uTl n iTh n fr. a,. n fin . .. n 7?tn. iHll! uiMimM mm (dj uBMifflf imp ifleai too ii The Store That Saves You Money SMOKERS' TABLES Regular $ 9.00 Weathered Oak Smokers' Cabinet $5.95 Regular $14.50 Weathered Oak Smokers' Cabinet $0.05 Regular $12.50 Weathered Oak Smokers' Cabinet $0.65 Regular $ 6.50 .Weathered Oak Smokers'. Cabinet $4.75 POWERS Dignified Credit for All Open Evenings ; Doll's Furniture Set 28c 50c Value 5-piecV Dolls' Furniture Set, in natural finish, cut is exact reproduction; this set is well constructed and finished; a nice gift for the children. ... . p No. 283 Golden oak Center Table, genuine quartered stock used in construction, just like cut; value special price $6.45 mm m ib nrliMi i i VI ; Will: . Decisiiis SHAVING CABINETS ) Regular $16.00 Nickel-Plated Adjustable Shav- ' ing Stand, special at ..'v.; ; .$12.00 Regular $12.00 Mahogany Shaving Cabinet, spe cial : .,.....$10.00 Regular $33.50 Mission Shaving Cabinet, with triple French plate mirrors, special.'. $25.00 No. 1620 Genuine quarter sawed oak Buffets in weath ered finish, two fancy gTass noors.ana tnree drawers: a $35 value, special ( at u i a tt i i j a $27.50 No 8S6 Quarter-sawed oak ladies' Desk in golden finish, full serpentine door front, roomy writing bed; , a $13 value, , special $895 865 W Quarter-sawed oak Rocker in golden or weath ered oak finish, like cut; an $8 value, special 2Q No. 550 Music Cabinet in golden quarter-sawed oak or mahogany fin ish; worth $y.50, special only $6.95 Doll's Furniture Set, 50c VaL 28c 5-piecc Mission Dolls' Furniture Set, weathered oak finish: exactly like cut: an inexpensive but enjoyable gift for the children. . '1 i ami mil We have 200 regular $3 Oil, Paintings, several different scenes, special Regular $5.50 Reed Rocker, rattan seat, roll arms, shellac finish; special at $2.90 Ladies' mahogany Dressing Table, full serpentine front, 15x30 French bevel plate mirror; regular value $27.50, ar.r:... 518.30 Golden oak quarcr-sawcd or, iahogny finish : Pedestals; . some 36 inches high - and some 18 inches high; a very acceptable gift; a $5 OP value, special at . Golden oak Jligh Cliair with shelf, well con- frt tC structed; special.... ylD3 Dishes for ChHstmas A nice Set ' of Dishes would please.. In price r r from $3.75 up. TKtix&toA We Have Extra Wagons Employed So There while they last at .....WJC Wm Be No Delay in CHRISTMAS Deliveries No. 8121 Quarter-sawed oak Cellar ettes in golden wax finish; glassware complete; is worth $30, JOC flft special at ,,,,vliuU Quarter-sawed oak Ta ble in weathered' oak finish, 6-ft. extension, non-dividing pedestal base, exactly like cut; regular $25 value, Christmas QC special 1 vj S m Regular $12.50 Couch hi figured or plain velour, guaranteed oil tempered springs tion; tit. vciuui, u4i atiicu vi icuii?vicu ings used in construe- 4Q QC i; special only . . ....... . .YyJJ )VAV) ,aw? 'a No. 1003-Krench belel plate Hall Mir . ror, 12x20, quarterr.sawed oak frame, polished or waxed; $9 dt value, special at; .'. . i.. ".. . .$DHiJ