Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Oct. 18, 1910)
T 1-1 .tla::d, tue:day evening, October 13, icio. - ; : i I at" i i i i H l.i.J.,Lli Ui bill KCIMID Deputy City Attorney Benbow's , Reply to Application for In junction to Enjoin Sale of :- Bridge Bonds Filed in Court. --"WWaMWHWWWiTjWMIWiMiwri-"- riinm-Tiiiiiwiiipiirt-i-iliiT1 I William C. Benbow, deputy ,oity at torney, mea wun tne supremo court to. , day. tho clty's; answer to , thft 'lClerna Duniwajr obstruptlonlst application for aa Injunction to prevent delivery ' of Broadway bridge toonda to the buyers. The brief haa the nature of a thunder bolt.. ) Scathing denunciations ot Kler nanlsm are Interspersed wit& red hot tshots at . present day court methods. That th& Broadway bridge fight' Is not a contest of quibblers and legal tech nlclafts, but Involves, the growth .and development of a great . City," Is the point .of greatest emphasis. "Courts of ' equity do not sit to as- ; elst technical obstructionists In defeat ing the popular will and destroy much v needed publlff enterprises In furthering their selfish Interests," Is on of Mr. Benbow's conclusions: ' . In vlew of the ; fact that KleVnan's fight to prevent the building of - the Broadway bridge : rests apparently on the fact that he has three parcels of property nearer the new O. R. & ti. bridge than the Broadway bridge, as shown by the map that Mr. Benbow also filed with the supreme court today, the statement contrasting the city's and the obstructionists' interests gains effect Ivenesa, as follows: '.,', City's Welfare Involved. "The welfare' of the whole city : !s Involved in this question. Great Injury to the public will be sustained, by the granting of suoh Injunction, No immed iate Irreparable Injury to '; plaintiff (Klernan) is apparent ' -Concerning the pretexts by which the obstructionists make the courts their agency In setting themselves up against progress and the people the brief con tains a long paragraph, which reads: . The city has far more equitable Knnn COD aaoDi ! OOOQQ'5 -a iua a toOD Q SETS bo 1 . - K. . ' 1 II I. V W ill Vft iff! ox Reproduction of map filed in' Oregon supreme court today by Port' ? j. land city attorney, Frank Kie man .owns 1 portions ;of blocks indi-: , , cated by black, squares.; The map is intended to show bow small ' Kiernan's. interests are 'In1 comparison, with , the interests of projj ' erty owners favoring the Broadway bridge. ' t " grounds to enjoin this Injunction than the plaintiff .has to obtain it It is. full, time that- the legislature or the people enjoin the .courts , from the improvident issue of; this .extraordinary, writ 'v?$.: is so much easier , fo . the court to issue the" writ .than to investigate -the equi ties alleged in", the - complaint- that this writ has become as common as a sum mons. The complaisance of the courts In its issuing Is causing - greater: and greater irritation in the public- mind. The defendant city is continually ha rassed and badgered In carrying on its publio business oy this writ issued for alleged technical defects claimed to have, occurred. In the performance of its public business. ! , -The Indolence of the courts togeth er with the " extraordinary activity -of wil nnld attorneys has contributed largely to its abnormal growth until nrtw instead of. being an equitable In strument to sustain ; and bring about Justice, as In olden times, it has become a legal bludgeon with which to delay and destroy; necessary jjuuuu- imjim -Thu eltv haa been enjoined from collecting Its revenues, improving and opening Its streets, building its bridges, laying: its eewers and water main's, let ting' jits contracts and holding its elec tions. The delays and loss, to public business by these .Injunction suits are beyond calculation. It; has . reached such a stage' In its" business that the city, when contemplating any large en- :lty. tef prise whatever, asks and solicits an injunction suit at once, so that it may have it over with as soon as pSsaible In order that Its public Improvements may be kept up, to some extent at least, with the -growth of, the city." H According to the representations of the brief Portland the city has the same bridge facilities as Portland the village. - v Trafflo dongestedk "The congestion of traffic due to tho lack of bridge facilities across the Wll lame tte river is now a matter of su premei public concern," continues the answer. 'The last new bridge con structed across the river for public use. outside of repairs of existing bridges, was the Burnslde bridge, constructed in 119S. At that time the population of aasi wrtiand, yincluding . Alblna,,. was approximately 20,000 people. The popu lation of the east side at the present tlm is approximately 120,000. If the trafflo increases in proportion to the population the traffic is now more than six. times as great as when the Burn slde bridge was completed. "The streetcar traffic is impeded-' by the open draws of the present bridges, and the people living on the west side are also inconvenienced by the delay of the streetcars, due to stoppages caused by' lack of bridge facilities. The wel fare of the whole city la involved in this question. : Untold loss Is sustained from it, by reason of the delay at the bridge, draws, which; would be largely decreased If the Broadway bridge could be at once constructed, i f '., - , All Enternrlsea Buffer. "This bridge would beabout 5 feet above high water mark and 90 feet above low water mark, and would have to be opened only occasionally for the passage of masted vessels. Ten or -20 minutes' delay , In the morning by the people desiring to get to their work, causes great loss to all enterprises in Which they are engaged. 8uch delays are an intolerable hindrance to the er fectlve execution and carrying on of business enterprises. The . public is slow to vote a . public enterprise and will not do so unless ' the necessity is urgent " ;'-';'.,--' -; 'V;:-:..,,.'..; "The Construction of a bridge or pub lie i building by publlo authorities is very slow In execution, " and ;lf ; the Broadway bridge was permitted to go ahead without .further obstruction ocr casloned, by this suit. It would not be ready for traffic for a period of nearly three years, at which time, at the. rate of increase lh population, the east side will . have Increased from . eight to ten times Its population in ,1893, the date of ; the ..construction ot.-, the last new hritin . ? ..;.'. ". . '. "It Is the opinion of,counserror De fendants that under the conditions now existing, the city council has ample au thority under-Its,-police power to buna ths bridge without any amendment to the charter. ., i? i 'city Has : Authority, "The police power gives the city am ple authority to protect Itself in cases of great urgent public necessity, and the council of the city of Portland, un der the situation now existing, can go ahead and build the bridge and pay for the same, and would have complete Jus tification for such procedure by the urg ent necessity of its construction." The brief contains a summary of all the causes ot obstruction as advanced bv Duniway. They are mentioned as including every pretext, technicality and subterfuge known; to . the profes sional obstructionist 7 It is declared that .the suit is n$&ng prosecuted in good faith. It asserts' that if the injunction for which Duniway has asked were to be granted it would amount to. re versal of the lower courts without giv ing the city a chance to be heard. An appeal to the supreme court of the United States, such as the obstruction ists have declared they will seek, is named as a publlo calamity. That the ISatlonai Shawmut bank of Boston may collect damages for the city's failure to deliver the first J26O.O00 issue of the Broadway bridge bonds which it bought is also, pointed out All of the allega tions contained in the brief are support ed "by affidavits furnished by citizens of Portland. , The motion for injunction will be sr gued before the supreme court Thurs day morning at 10 o'crock. POOR DOCKS (Continued From Page One.) Lahore? KlVCy Train. . (Srdal tJspatcbo TT.s Journal.) Chehalls, Wash., tct, 11 Train No. !3, N. P. southbound rassenger, jue here at J:35 p. m. yesterday, struck Frank Henry, a laborer. Henry was picked up and. brought to Chehalls, where he died soon afterward. He was walking the double track carrying a roll of blankets when the accident happened. The man was a stranger here, and about 33 years of age. Papers on his body asked that . in case of mishap to him notice be sent to Mrs. C Middleton at Indianapolis, Ind. , - system which prov!-'.-: ft backward motion on a her h!,U V Gold is being mined profitably tn t districts in the Philippines and txf.ir. atlon Is being carried on in five oC;r localities. A former German army officer be lieves he has solved the difficulty of tfte expense of renewing automobile tires by shifting the point of elasticity on vehicles to the axles by an angle lever from Seattle, is proof. The statement also was short sighted apparently com ing from an Impression that tne busi ness of today is 'all that must be con sidered. w:e are exporting flo.ur. lum ber and wheat v "We have fair dock fa duties provided by the private. Inter ests engaged In such business. They are' exclusive of ' others who might de sire to engage in such business. But do these assertions deal in the slightest partlcular.with our imports? : o Waoe to TTnloao. "We have no place now where a ship of the sea can unload a "cargo of gen erai ' merchandise. - Recently I hunted all over, the waterfront seeking storage room' for a consignment, without suc cess. All the private docks were busy." Thrik how much greater this; question will become when water transportation will have become a large factor on the Paclflo coast due to -tne completion uu operation of . the ' Panama canal. , we must not be short sighted. must look to" the business of t6mprrow. Port- land is not stanatog . mw -"-individuals and some Interest would like to have It so." ' t. . While the railroads ana a iew ' n.ht nnhiin Wit in Portland news comes of similar tights in other PacUlc coast cities. Tacoma.- and Seattle are both arranging to spend large lunw m harbor Improvement The Port of Coos Bay has arranged for a publlo dock to cost $5000. 8an. Francisco will vote upon a dock bond issue Of $10,000,0 0 about the same time that Portland is voting upon a dock bond issue of Z, 500,000. Oakland Is making a strenu ous effort to wrest control of the water front from Southern Paclflo control. Los Angeles Is beginning the expendi ture of $10,000,000 for public docks and harbor Improvement .The fight In near ly all these cities is identical with that in Portland. CLERGYMAN'S SON CURED OF TUBERCULOSIS To neglect a cold, broncsltis, lung trouble or Consumption Is dangerous. We all know how prone people are to deny, they have Consumption. It Is a flattering disease, and the sufferer is filled with bright hopes of improve ment Call consumption by Its own dread name and - then take Eckman's Alterative, because It Is effective in Tuberculosis. No one need doubt about it there is plenty of evidence from live witnesses. .Investigate the follow ing: Amenln. M V Gentlemen:. "Prior to Feb:, 1908, I was located in Rochester, N. YJ. suffering with LaGrippe, Whloh . developed Into Tuberculosis. My physician gave me 0e month to live. I was having ter rible night, sweats and mid-day chills and losing flesh rapidly,, naving gone from -155 to 136 lbs.' I coughed and raised continually and became so weak tliat walking a few feet exhausted me. On my, return home, my regular phy sician gave me little encouragement My father, Wh is a clergyman, heard of Eckman's Alterative and Induced me to Uke It 'The night sweats and chills disappeared, my cough' became easier and gradually diminished, and In a few unya aeveippea an appetite, the first in months. I am now in nerfeo h.aitv. back to 165 lbs. I feel certain that I owe my life to Eckman's Alterative." (Signed) E. H. COWLES. Gentlemen: "I cannot find words to express my appreciation of what your remedy has done for my eon. It changed despair into hope within -two weeks af ter he began taking it and without any doubt In my mind, it saved bis life. I wish to add my endorsement to every word of his testimonial," . (Signed) REV. J. J. COWLES. 'Pastor Presbyterian Church. Eckman s Alterative- mimi R-nn,hiHa Asthma, Hay Fever, Throat and Lung miovviuiiK ur otus oy uwi i)rlg CO, ana oiner leaaing druggists. Ask for booklet of cured cases and write to the 7 5Jui . wry' rnuadelphla, Pa., ivi nuuiiiuiiai eviuonce. ! : - . j I I ' ! t J y: V lni,i,i k.n -1 This Is Service WTien you buy glasses of me .the transaction does not end there.. It means that' for one year from, date of purchase X will look after your eyes . In ' the way of lens Changes , without extra cost My mounting ahd f wunes are the best -manufactured. -; In - fact, I have such confidence in the goods that , if they fall to give satisfaction I will replace them with new ones , at any time in two years. The only charge is for broken lenses. "If you are not one of ,my pa trons I want you .to get acquaint ed with my methods of doing bus lneee, Tou will not regret it , Over 50,000 people in Portland and vicinity are now wearing my glasses and constantly sending me their relatives and friend. TI Fi iOMPSON II, EYE SIGHT. SPECIALIST and Morrison Street 2nd Floor Corbett Building f The Book Lovers' Club Started Monday Has Over Three ' Hundred Members Think of It $2 Glo" es at $1.37 Ladies' ; i. Fine Kid Gloves, three-clasp style, with Paris point back and overseam stitching. In grays, browns, tans and white. ' Special, at $ 1.15 r-Ladies'. Mocha Gloves,' the 6iielasp style, with half t, K.1 seams, in brawn, tan and gray. A fuirasscrrtmenf of sizes, jjust the g!oy,e idr rainy weather. . Button, Button Whos Got the Button? 1 10c a Card Buttons for every use, in every size and for every gar ment. Greatest button value you have ever seen. ; , These buttons are made of the. best, qu ality . of ocean shelU in. plain and ; carye surface, tTwd-Hole, f b u Jr.hp! e, self-; shank, wire-shank. Sizes 20 to 50 lines. In pure white and smoked. ' Put up on; cards. 15c Percales at 11c These percales have never been offered by anyone for less than 15c a yard. They are full 36 inches wide, in white and tinted grounds wilh neat stripes, checks and figured designs. 30c Shirting Mad ras 18c: Just 20 pieces in this lot, 82 inches wide, white grounds with fancy stripes and hairlines. No Groceries No Liquors No Meals, No Restaurant: Subscription Books $ 1 Week In reviewing the many years of retailing we fail to recall any event m our enure mercaniue career- mai approaencs mis book sale in magnitude or importance. It involves a certain amount of courage to contract for the number of sets we guar- .aneM.t0.dispose.of in thiiale -- Judging by Monday's enthusiastic Jmying, by-the favorable comments of book experts, by the approval of men who own the best, private libraries in Portland,' we feel, confident that this sale will be the largest of its kind ever held on the Pa cific coast.. : - These library sets are sold at, half former prices, and in many instances represents less than the cost of production. - ' .' - " 'i .. - . ' . " . ,"- ' ' ' ' . " '-' '' ' -' Books of the Jenson Society These books until - now were Bold by subscription , only. This is the first time they have ever been offered at retail, and in order that everyone can enjoy the privilege of this sale we sell these books on our Book Covers' Club Plan. J t . $1,0.0 Down, $1.00 a Week Library editions of Browning, Smollett, Fielding, Balzac, Hugo, Irving, .Gibbon, Thackeray, DickensRuskin, Dumas, De Musset.Poe, Shakespeare, Kipling, Scott, Goethe, Lamb, Byron, Shelley, at'HALF publishers' price. "' ,f-Books delivered upon the first payment of $1.00. . j FALL WAISTS-A Mighty Sale An 'Oasis -in the Desert or INeckwear This Is Corset Week Emphatic Bargains, Authentic Models There's' no better way to safe guard yourself against an ill fitting suit than by buying a corset that we guarantee to fit every requirement that fashion demands. t t . , ; There'ls Tmany a idressmakerv, jio . . matter; lipWhard;sfie ;tries, finds it impossible to give. yo(-that pafticu lar, f jgure now in vogtie. .Nine.times out of ten this is due to the .cdrse t. This year fashion demands a corset cut on entirely new lines' And in ' this sale we give you the opportu nity of buying eight different mod els, all new fall styles at very spe- -cial prices, Below we enumerate them: ' , $1.75 Nadia Corset on sale $1.15 $2.75 radia Corset on sale $1.75 $2.00 Nadia Corset on sale $1.39 $3.00 W. B. Nuform on sale $1.05 $1.50 Nadia Corset on sale at 88 $5.50 Smart Set on sale at $2.98 $1 C. B., A la Spirite on sale 79 , $1.75 Crown Belt on sale at $1.15 '' A success -This sale b bound to be. The reason is apparent positive. When your own sales people, accustomed to sales, wax enthusiastic over these waist bargains it is very easy to estimate the approval which this sate will meet at the hands of the public on Wednesday. Persian and plaid silk waists, taffeta and messallne silk waists, tailored waists in a dozen different styles and materials. White and colored waists, laundered and soft waists in all fashionable and up-to-date styles, at prices that you have not seen quoted before this season. , --We are placing temptation in your path when we show you this charming collection' of refreshing new Neckwear Nov elties. , . - "V-f -v ' " ; v , Dainty little bits of Roman stripe conceits.1 Pretty new contrivances in Persian borders. Oddities made of laces, mes saline "and nets in jabots trimmed with Persian plaids and Roman stripes.' Satin collars in unique braids and Roman jTitTitnings. . ' ' . ... , ' ., .. Ranging in Price From 35c to 75c x Persians, Special $45 Persian and Plaid Silk Waists, made in a tailored style, with large plaits on each side of the front. Has a stand ing collar and tailored cuffs. In brown, navy and red. Poplins, Special $2.38 -Tailor-Made Waist of fine imported silk-finished poplin, in black, navy, brown or gray. The front has a center of box pleats with six one-inch Side pleats. Has crushed collar and cuiis. , - Madras, Special $2.23 Waist of fine madras, with colored stripes in black, -blue or heliotrope. Made with wide box plait down the center and two, large pleats on each.sicfe, and a crushed collar. . Madras, Special $1.95 Waist of fine imported ma dras, with colored stripes in black and blue. The front is trimmed with fine pin tucks and one large plait over, each shoulder. Has laundered col lar and cuffs. - Linens, Special $1.45 Ladies' Tailored Waists of fine quality Union linen, in white only. Made with clus ters of tucks and embroidered panels and bias-cut front and fine pearl buttons and clusters of fine pin tucks on each side. Laundered collar and cuffs. Messaline, Special $3.65 Tailored- Waist in. a hairline jstripe taffeta or plain colored messaline, trimmed with large buttons and pin tucks. You Need Not Fear the Rain When Carrying One of These Umbrellas Umbrellas Special at $1.15 V $2.50 ; vP -American black taffeta umbrellas guaranteed fast black. They have steel rods, paragon frames and every one in a case. Silk Umbrellas, Special $2.50 " United Taffeta Silk Umbrellas, in black, blue, red, green and brown. Tape edge finished taffeta on the. best imported frames, fully guaranteed. They come in a silk case and with tassels. More than 60 styles of handles, all the very latest. Linen Table Cloths 250 table cloths, gudranted all linen in assorted patterns with border on alt four sides, grass bteached, in two sizes. $2.50 Cloths, sizes $8x70, each $325 Cloths, sizes 85x70, each $1S)8 . $2.48 f TrimmediHats, Special $3.95 velvet-bound edges, in many varied shapes. ' Some have Tarn o Shanter and bell crowns, with trimmings of ribbon rosettes, iactful ostrich and willow plumes and feather-fanetes. - 1 ' J