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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 1, 1910)
THE OREGON DAILY JOURNAL, 'PORTLAND. TUESDAY EVENING, NOVEMBER 1, 1910 (Continued from Pago On.) ntght have been to change the result of th. election Following, the doc trine above announced courts have fre quently held statutes containing pro vision similar to the one Invoked by plaintiff In this case to be merely di rectory as to the voter. ' -- "The same answer may 4e made to the contention that the transportation t of the ballot number In the "voters' pam phlet . rendered" the whole proceeding void.", ' Hold Section Void. ,' Justice McBrlde holds that -the section of the amendment providing, for a sur render of the brlJge to the county by the executive board 1 vow. DUt aaaea that the,annulment of one section would gnot.rendcr void the whole measure. ; ..He -adds: ' ' ' "The contention that no permission ,has been obtained from tho was depart ment Js negatived by the evidence, and if this were .not o, the plaintiff does not Stand In such a relation to the sub ject matter as to be able to raise the question, which is "one to be settled be tween . the government authorities and the city, .'The objection that no permis sion ha been received from -, the Port of Jportland , may be answered in the same. .. '. ;; ' ' !v;- . :Y , ;"In additlonlp .this, we have, been cited to no statute requiring" the city t obtain the permission of the Port, of - Portland' before constructing bridges over the Willamette, river. Tht cor poration -Is- authorised to' remove ob structions, to -deepen the channels, and generally to haVo control over, the river for the purpose of facilitating and pro tecting oommerco," but It may -well.be doubted whether ' this grant of power wti ever Intended to authorize It to. act a tola (udge a to when ", and where and how a great city shall erect bridge over a waterway exclusively within It own limits. City Ha low.r, "Rttrtlnn Ik nf the charter of 1803 au- , thorUes the city to acquire,, construct ' and Maintain bridges and ferries, and this could have no application to any bridges or ferrle except over the Wil lamette river. In the emergency clause to the same charter the necessity for constructing new bridges la enumerat ed. The power to construct new bridge having; been given,; the next question is as to the manner of It exercise. The people of -thl state, by the constitution amendment heretofore' quoted have seen rit to confer upon municipal corpora tion the right to enact tfceir own char ter, the .only limitation, upon that right being that such charters shall not conflict with the constitution or the criminal law of this state. We take it, therefore, that .within the limits of the municipality, and tfor those pur poses which are purely municipal the city of Portland may Include In It charter by Amendment any provision or right that the legislature might have granted before the constitution was so amended. This being so, there Is fair - ground' for the contention that the city may, by amendments to Us charter ob- tain tha rlvht tn ItwatA miKlin hrMm over the Willamette river at any point ti'hr nilph rlvftr t ftvrlimf vlv within . the municipal boundaries, whidh. If the case hee." , Vostloe Zing Concurs, J "I ooncur In. the conclusion reached by Mr. McBridatt say Justice Kin In ' rendering his opinion, "and only wish to J aaa mat in my opinion mere can oe no doubt as to the power of . the city of rumauu - w vuuu ui lugr, una - wij wiuameiiB river -wunoui aoKing in consent of the corporation of the Port . rut ukiiu, - i . ' f "The act of the legislature of Febru ary 10, 1893, incorporating the Port of of power: 'The . object, purpose and occupation of corporation , shall be to Improve the Willamette river at the city of Portland and the Willam ette and Columbia rivers between said city end the sea, so that there shall be made and- permanently maintained in said Willamette river jit said city from wharf line to wharf line, and in the Willamette and Columbia river be tween said cltv and the eea. a shin. nhnntiel' nf mtnh width nt snv and all points as It may deem necessary , "So far as Is necessary, requisite or convenient to carry out the said ob jects and purpose the said cbrporatlon ... alialU kail, nnntpnl rt mmlA Wv.. en at said city of -Portland and , be- tween Bald city and the sea,- so far as "anT td'the fuH extent that this state can grant the same, and shall have iuii puwcr iu, jium nine vu nine, iubao ; such rules and regulations for the ttavl " gation thereof, or the placing of ob struction therein, aa mav.be reaulslte. tlon and maintenance of such channel - rroviaea, always, mat notn- ing nerein coniamea iniu oe in can- strued as to permit the removal of by virtue of grant by this, state of ex press authority therefor. . Commission Wot Starter. '. . "From the foregoing it will be ob served that there is no expres provi sion requiring the city of Portland to apply to the Port of Portland for per mission to 'build, bridges at any point within the city's corporate limits. It 1; too well settled to require citation Of authority for support that grant of state sovereignty are always to be i strictly construed. . m ' "Again, an express reservation a to s bridges existing by virtu of an ex press .grant of the state, 1 made In "J favor t of the city In Seotlon It- of the I charter ' of Portland authorizing the I building ot bridge and the maintenance -if ferrle. - In addition to this,- section i 118 passed pursuant to a constitutional i amendment) delegate to 'cities-all the i sovereignty of the state within their ' municipal boundaries, so far a that 1 sovereignty relates, to matter of pure municipal concern. Such t grant of I-sovereignty, no we ver, may be reeansa by the power conferring them, and "thl j power of recall , serves to prevent the abuse of the privllegor'delegated." 'Justide Klna- then aoes on to 'draw the ; conclusion already quoted that if iha Porjt , of Portland commission could j prevent ' the building'; of the Broadway or any other bridge, that it would make ! the Port of Portland master of the city ff.pt Portland, , which he deems clearly Mmproperand illegal. ' T.U 'fr'....v-;-.-? The decision is styled: "in the su preme court of the state of Oreeon. f Frank- kiernan ' appellant,' vs. City off rorwunu fi, ai., responaent. , Appeal from the circuit court of Multnomah ; county.' The Hondrable ; George : II Barnett, Judge. Argued Ind' submitted October JO, 1910. - Ralph. R. Dunlway, attorney for appellant Frank S.- Grant, city attorney; W. C. Benbow, , deputy city attorney: C. W Kulton, M. L. Pipe and H. H. Rlddell, attorneys for the re spondent" t t - a year and lives at 1 745: Borthwlck street has been doing contract street work since he was 17 years -old. He re cently secured a contract to excavate a deep cut on East Tenth street where street Improvement worR isi being car ried on. and leased a steam shovel from the Independent paving company, with which to-do the worjc. With the shovel came Frank A. Porter, the engineer, who lived at 51 East Market street, with his wife and a stepdaughter, Mrs. Clara MacFarland, and Porter's i fire man,. Joseph S. Kreuber, who lives at the Yah? lodging, house on Grand ave nue. Kreuber had been working with Porter -for the past bIx months. V: vTrouble between pottage and porter began at noon yesterday. Pottage' version of It' follows: sy - - "We had some " little ; disagreement over Porter's , handling of the" steam shovel. Twice he scraped and broke the tops of wagons. I spoke to' him about it. but -we Had no 'serious con troversy." Porter Quits Jot. ' ' . "Yesterday morning I told Porter I wished he would try to get .along with' nis wneei men, wno Keep the shovel blocked up., Ha had fired a number of therrl and was constantly having trou ble, He said he Would show me who was running tha shovel and that! he would quit himself , and fix It so no one else would run.' the shovel either. ,.; . i'He,: quit at noon yesterday,, and I fpund out he had tightened some -bolts and monkeyed with ; the steam valves and other, parts of; the shovel in What was apparently an .effort to bldck tlt and prevent my running It When he went I told him he could "return If he behaved himself, but if he didn't I told him , I would get another, engineer. Kreuber, of course, quit with him. "I sent over town yesterday and got Wellman anB his fireman, J.VH, Reese They .worked yesterday afternoon and I exected them to work today. I feared, that? Porter , might come back last night and "break up the machinery and I also feared some possible trouble from Halloween pranks, so I stayed up all night having my 80-callber revol ver with me and kept watch. My wife's uncle, John Farrell, was with me Porter Pulls Revolver. : ; "The men came5 to work at 6:30 this morning, and I was walking away with Karrell when I saw porter and Kreuber come running up. They had some words with Wellman and I turned back to try and smooth the matter over! But Por ter drew a revolver and pointing it at Wellman, shouting: 'I'll see if any man can take my Job that way. v i , i "Meanwhile Kreuber kept yelling to him to shoot"; "He turned and pointed the revolver at mo. I was certain that I heard him shoot and I even fett that I was shbt myself, but I reached for my gun and shot'him." Porter dropped without a sound, ac cording to. the other witnesses who were Wellman and ' his fireman,, Kreuber, Farrell and -James Le Mar, the wagon tender. Kreuber ran to telephone the police and Pottage went over to the station and gave himself up.1 .J Porter's body was r taken : to the morgue. Mrs. Porter claims her hus band was at home last night, but took his revolver because he expected trouble -m.iU' tn,, ,..!:...,,.. .... ' Mra Porter claims, that "as her hus band was hired by the Independent. Pav ing company and was working .tor It, Pottage had no say-so In hiring or flf ing him, ; Pprter had a brother, Enoch Porter, ; who da a shovel .engineer: for Paquet,' Glebisoh & Joplin. He has a father1 Jiving in Washington, and had worked for paving contractors here for seven years.1 jyy.fjv. rYZi:Ti v Pottage blames porter's" engineer, Kreuber, for most of the l: trouble. Kreuber Is comparatively ; - young and when examined by Detectives Hllyer and Maloney, who were working on the case this morning and later by the dis trict attorney and grand Jury", he seemed sullen- and unwilling to make any ex tended statement concerning - the affair. Pottage bears an excellent reputatloa H9 , father, who1, live at Stirling sta tion n the baiadero line, was for many years In the shops .of . the O. R A N. Young Pottage has been a hard worker, doesn't drink and has -a good record with contractors and his backers. ' RE E (Continued From Page Ona) slstant District Attorney, Maynrt as serted that Rosenhelmer wra driving his machine at a mile a minute when he cam up behind, the buggy In which Grace Hough wss riding. The auto mobile crashed , into - the : vehicle and threw the occupants to the ground. The driver Of the automobile, Maynard said, did not offer to. help bis victims but increased his speed and fled from the scene. ; ' He was arrested soon af terward. ':Y:::i':--;--'?':i': ':-t,:l-y" Rosenhelmer is being tried for mur der in the- first degree, "which entails the possibility of the death penalty in event of conviction. Under the statute when a person . Is killed through the reckless - disregard of the '. safety of others, even (hough no premeditation is shown, first degree, murder may be charged. . . . '-: ,? i Attorney Maynard, In his opehtnis ad drss, asserted that the state": would prove "that while Rosenhelmer was flee ing from the, scene of the automobile fatality ' another automobtlist notified' him" that his automobile 'had killed a gin. "Go to.hell;" JRosenhelmer is said to have shouted, as he lrfcreased his speed and fled.. . - . v ' ' '. Coroner's Physician Curtain testified' that Miss Hough died of a fractured neck. The government of Belgium maintains a horaesboetng school, students from all over, the country being given one lesson a wnek for two years. Properly Tailored Clothing l y "41 fe;lJ y iff! The longer yor wear a VSalem" Suit, the more its good'quality is apparent. The quality of "Salem" Clothes'is NOT skin deep, but goes through and through.. "Salem"' Clothes are es pecially good where it doesn t ' show rnamely, in the btefior ' construction nothing' but ' . v' shrunk .interlimngs being used. Thi in connectionwith hand tailoring of the highest quality, enables us;toguarantee every suit to retain its shape. Suits and Overcoats Best to be had any where at $15, $20, $25, $30, $35 . Boys Clothing Ours is of the sort especially designed to meet the needs of youngsters who are hard on clothes. Outer cloths, linings and sewjng are all combined to bring about the utmost wear resisting quality. , We want you to see our "$5 SPECIAL" made of all-wool fabrics in grays and browns, khicker style, with two pairs of pants. Sizes 5 to 17. - FREE WITH BOYS' SUITS AND OVERCOATS BASEBALL, FOOTBALL, BAT OR , CATCHER'S MITT. . ; v" :"; MQM WOOimmimWMfflQiO. and Alder GRANT: PHEGLEY, Manager h and Alder 3E NEW IDEA Pallerns lOo HEW TAX,' v srzxsa The Host in Value -The Best in Quality NET7 IDEA 10 c eoo a YEAJ Largest Line of Silks in the City Our Silk Section is fairly brilliant with these gorgeous silks. Persian Mescalines ia 8 and 10-color combinations on navy,: black, white, old rose, gobelin, tan,-brown, olive, myr tle and other colored grounds.;, Also novelty brocaded Per-, sians, satin, louisine-and taffeta Persians a wonderful: ex hibit at fl.OO, and 91.50 a yard. 3000 Yds. of Silk Poplins AU Shades, 65c Vols. 39o A special underpriced purchase of oyer , 3000. yards of standard .width Silk Poplins just received in time for 'Monday's gale.- - The' assortment: in cludes every wanted new shade pink,' blue, tan, brown, green, gray, lavender, red, cas tor, cream, etc.t etc An excellent wearing silk (ol brilliant finish and soft clinging, stylish weave, the kind that usually retails at 65c a yard, OQ 'priced for this sale at .................. 0C New Woolen Dress . Goods -daily priced for this sale Novelty Suitings, $1 Vali 60d Atfout of- the ordinary sale of fine, pure fabrics, from 46 to 54 inches wide. New novelty suitings, hard finished worsteds, invisible checked sack ings, plain coverts, fancy coatings, etc., etc. In cluded are all the popular new plain shades and rich color combinations. Kegular $l.UU fabrics now on sale at vvy,.vvr ---as This wHl be one of the mpst wonderful Dress Goods sales that you ever attended. The immense lot comprises all the season s new est styles in the most fashionable shades and colorings. , Storm Serge, 65c Quality, Now at 42c About SO bolts of all-wool, double Warp Storm Serge of good'season able weight, shownjn colors black, tan, slate, myrtle, reseda,-Copenhagen, blue, brown, scarlet and cardinal; usual 65c grade, spe- AJ" 69c I Novelty Fabrics $1.50 VaL O5o 45 to 54. inch 'New Novelty Fabrics of Pall and Winter weight, shown in the popular two-toned granite weaves, new basket weaves, shirred ziba line, illuminated novelties, etc, etc strictly high class fabrics at a bargain price; regular QC $125 and $1.50 grades, priced' at ....VDZ Big Values in Domestic Goods Our popular Domestic Section is filled to overflowing with new Pall and Winter goods Flan nels. Blankets, Curtaining, etc. and women who appreciate absolutely dependable qualities will find many unusual vahies. For tomorrow and Thursday we call your particular attention to following lines; Baby Blankets A new shipment of Baby Blankets just received, the assortment includes a large variety of neat and attractive patterns in flowers, animals, birds, etc They come in good colors and white, four grades to choose from f 1.25, 95e, 85f Bathrobe Blankets An unsurpassed showing of Bathrobe Blankets, including the most popular new styles and color ings. They are of excellent quality, come two yards wide and two and one-half yards long, and are easily shaped into a nobby bath- CO flfl robe. Two special values, at $2.50 and. fai'UU Bathrobe Flannels 'A'- splendid showing of Bathrobe .Materials, In cluding the newest and prettiest designs in me dium and dark colorings, full width flan- OC nels.;" Special values at, per yard 40 and JJC Embroidered Flannels White Embroidered Flannels, the ' kinds most In demand for skirts and infants cloths, shown in a large assortment of pretty patterns from a nar row scalloped edge to an elaborately embroidered edge, four inches deep. Many, prices . C from fl.T5 a yard down to .. ......... ..UJC Eiderdown Flannels in all wanted plain 4(1: colors, at 60, 50e and .....,......,.,4UC FIRES EATAL SHOT , (Continued From' Pngs One.) Porter, whom he had shot directly through the center of the forehead, was dead. y: : r Stays Tonaflian.' ' v v Toung Pottage hs is but 24 jears old.bas.liaeit m&rrkd a, Uule less -than Blankets and Comforts for ike Week Cash or Credit . Terms to Suit "You can go" farther and fare much worse," or in other words, it will pay you to buy your winter bedding jftt Powers. Prices are undoubtedly lowest here. - ' ' " '." WOOL DLnNHcTSr ; ?4.i5 $5.50; Gray Wool, Blankets , $7.50 White Wool Blankets COMFORTS $1.75 Cotton .Filled ' Comforters $2.50 Cotton: Filled Comforters $3.00. Silkoline Covered Comforters $5.00 Silk Bordered Comforters ... i ' ,.fl.35 ...fl.85 ..$2.30 ,.?3.75 ii IVe Sell Jewel" Ranges . A very liberal offer, indded, when you know it Js made on the very best range it is possible to build. The Jewel is a range that is always ready, and always does exactly what you ex pect of it. . v .'. ..' $15 Heater $9.95 Cash or CreditTerms to Suit id. ' $i0 Iron Beds SpecialTomorrow Of ample si?e to heat 3 rooms, has nickcl'top, pm and fenders , polished steel bcrdy cast base top swings off. Equal to any $15.00 heater shown anywhere. ' X T35 - A . big value has . heavy continuous posts and top. rod ornamental casting connections large filler rods enameled ' cre-nm and. gold. s . - , v Oash or Credit .Terms to Suit -f-i -uv J-rv-V' 7m Iii!r&er Shoe Values Women's Shoes, 03 Values, 02,37 Our Special Shoes for women represent satisfaction, perfect fit and superior wearing qualities. Latest styles and all sixes are shown. They come in vici kid, gunmetal, patent colt, high and low heel, turn and heavy1 sole. Kegular $3.00 values, d0 OTT priced for this sale . . , . . . .'. I Women's Shoes, $3. O Vals. 02.09 A showing of Women's Shoes in Goodyear welt, with heavy and turn sole. They come in vici kid, patent colt and gunmetaL in blucher, lace and button style, high and low heel. Good stylish shoes for both dress and serviceable wear. Regular JO Q $3.50 values, specially priced at ...................... yii.U' Women's Shoes for $1.49 An xtra fine line of Women's Shoes in all styles to fit every foot and to suit every taste, in all the popular leathers, all sizes and widths, shown in vici kid, box calf, velour calf, gunmetal calf and our regular $200 and $2.50 values, dt 4Q specially priced for this sale . .. Men's Shoes for 02.40 A fine line of Shoes for the men. ) There's a style and leather for every occasion a strictly high grade shoe for -particular men, shown in box calf. velour' calf and gunmetal, latest raised toe, double sole. Regular $J.UU and values, pneed this week ..... $2.49 No w Is the Time to Buy Ribbons The offerings for tomorrow's sale are ex ceptional values almost sensational. The daintiest, prettiest ribbons you wish to see. The showing far exceeds in va riety of patterns and colorings any pre vious assortment. Provide for your fu ture needs now jmd you can ave many a dollar. - .'; . - . -:: Fancy Dresden Ribbons In Stripes, Checks, Printed Warps and 7-: Persian Effects. ; ' "TT .:. All values to 35c specially priced OQ 'for this -sale at .v.; . . .ti... . ZtiC AU values to 50c specially 'priced ' O1? for this sale at 4 C All values to 60c specially priced OA for this sale at . . . . . ... , , . . .... OuC Black Taffeta Ribbons Suitable for Hair Bows ; or Millinery - Purposes. 'n:?: 4-inch Taffeta IibbonSc kind.: t -M special at ........ .'. . . . . . . . . . . x vl 6-mch Taffeta Ribbon, 35c kind, 0 Special at . ',i ' , 'r, . i; . J .V, . ..tlC 6J4-inch taffeta Ribboni 50c kind, nj special at . K , V. Cti C W omen-s K nit Underwear at Special Prieeo Here is an 'opportunity to prepare for the cold weather soon to come. Tomorrow we of fer the following lots considerably below regu lar , .value, just to stimulate : early buying. These are all excellent garments for the regu lar prices at the sale prices they are the best values you will see quoted this season. ' Fine Wool Union Suits $2.25 Grades id Priced at . . ; W A very important sale of women's seasonable weight, fine rib, White Wool Union Suits, per fect fitting and neatly finished throughout, the best styles in all sizes, including ex- dj 1 CQ tra large'size; best $2.25 grade, at J1UJ Silk, Wool Undorw'ar Vests & Pants Cli"1 AOl ' $3 .Values for iJLWl A special underpriced sale of the- clcbrated Globe Underwear-rfine rib silk and wool'Vesti1 vests come m form-fitting styles Mitli -high neck and long sleeves, finished withcuffs tlut j keep their shape, the- pants come; in an!!e ; lengin ana. wun r renen .or enucsirian nanus, : specially priced at only r 4 . i