THE OREGON' DAILY JOURNAL. PORTLAND, FRIDAY EVENING, FEBRUARY 7, 1913.
RIP1IIH1S
MADESUBJECTTO
UAVIGATI01RIGHT
Opinion of Judge Dillon Quoted
to Show Legal Status of
Waterfront; Relation to the
Dock-Bill.- - : :
By J. B. Zlegler. '
For the benefit of the legislators at
galain, -objfectiiigr to the dock, bill, and
suggesting various amendments there-
permit me to again quote Judge PU-
lon, . the greatest authority on the
- subject In this country.
It Is1 "said by these objectors that if
the state tan. not convey to' riparian
owners It can not convey to the city
!. that a conveyance of public property
to a private owner is an alienation,
while a conveyance to the city Is not,
the city being an agent of .both state
and public. .
: Judge Dillon says "on this point, page
su vol. 1. "Municipal corporations;
; "But. grants of .submerged lands of
a harbor are frequently; made to munic
ipalities, .usually upon trusts and sub
Ject to public duties in furtherance of
navigation and commerce. These grants,
being made to agencies of the state
and in . furtherance of . the trust upon
Which ' the state holds the submerged
lands, are not open to objection. It has
also been said that In every
grant of lands - bounded by navi
gable waters, made by the state
as .trustee for the public there is re
served by implication the right to so
improve the waterfront-as to aid nav
igation., for the benefit of the general
publlo without compensation to the
riparian owner. The implication springs
from the title to the tideway of navl
gable waters, the nature of the sub
ject of the ' grant, and its relation to
.... navigable tidewater, which has been
aptly called the 'highway of JJuworld.'
Navigation RlgtaEf amount.
"The'' purpose for . which the state
, holds the title to lands under tidewater
a i iii'iiii mi hi mii r wirn in nnwui t r vponr
any easement or right to adjacent up
lands that will prevent the state, when
the necessities of commerce demand,
from w(harflng , out to deep water.
Hence it has been laid dowo,ln general
' terms that all the rights of riparian
owners are subject to the ' paramount
right of navigation over tidal and oth
er navigable water." ' " i
"Tha power to protect the dominant
right of navigation includes not only
the power to keep the navigable wa
ters free from encroachment, but to
improve the navigability of these Wa
ters by" work upon old channels or dig
ging ne,w tannehf or otherwise below
high water mark. The state has been
held to have a right to construct works
for the improvement of navigation with
out incurring any liability to riparian
owners. Thus It has been held that
the city of New York has power to in
prove the waterfront of Manhattan Is
land for the benefit of navigation free
frwn any Interference by, the. riparian
owner. This right tQ improve naviga
tion exists becaus7Jn every grant of
lands bounded jjy -navigable waters as
trustee ftMlje lill4;nere is. Jeirve4
I If! i Jill ll raS If il l
TheyGnp
rai m mm m
flttlllTn'T'till-'i'l irliVlnl ih.iiiiuMiiiiim n
mm
muiuni
i-1 t ti 1 I
Use Your Car the.
.Year Round
rpHE Diamond
v.l Safety Tread
Tire makes auto-
niobiling a year I
round pleasure. It
1 Won't slip, Won't slide
Won't skid -if grips
m You re always safe -with
III the Diamond Safety;
Tread:r you drive with I
nleasuf e all the time, no
li matter what the weather -
or the, road conditions.
vMade in your size to fit
I jour style of rims,' V
Sitmond Safety (Squ) Trd
for Automobilei, Motorcyolei tad
. . ' , Bieyelee, .
;? At Your . Dealer's
. The Diamond Store
Seventh and Uurnslde St.
.i ,.
.! . :
H,Wl4l)l((ligjBjl
by imputation the right to so improve
the waterfront as to navigation for the
benefit of the general public without
compensation to the riparian owner.
But the paramount right ot the state
must be exercised strictly in further
ance of the trust under which it holds
the lands under water; that Is; to im
prove navigation. ' A speedway or pleas
ure drive, from which are,, excluded
commercial traffic, although made pur
suant to statutory authority,' is not an
exercise by the city of the power con
ferred upon it as trustee for the pub
lic in and to navigable waters, and sub
jects, the city to damages caused to ri
parian property."' . - -
Contrary to Trait.
It would seem "by 'this construction
of the law-that harbor propertjesfara
not liable to other public burdens than
that of While ...navigation ' and, com
merce; and consequently the diversion
of revenues from such properties to oth
er uses,' such as the proposed leases for
the benefit of the school fund, would be
contrary to the trust imposed upon the
state. t
For the same reason, In great part, cit
ies such as New York, London, Ham
burg, where the Value of -harbor im
provements, traffic connections, nd
consequent commercial development are
recognized as the basis of municipal
growth and welfare; publlo harbor prop
erties are kept free from entanglement
with other public utilities, and the rev
enues arising therefrom , are devoted
strictly and solely to the construction
1 and maintenance of same.
Not only that, but England, Germany,
France and Janan. Tiave assisted marl-
time commerce by large subsidies, both
to harbor improvements and traffic
1 1 nod i. i -j ;"'. v
The DeoDle of Oregon would receive
far Kreater benefit by permitting the
city of Portland free use or tne doo. or
the .harbor and granting all legislative
encouragement necessary than py levy
lng upon It petty assessments in an ap
peal to the alleged rights of parts of the
state, not in immediate contaot with it,
but yet dependent upon the traffio rates
they secure through the Portland termi
nal.
Much Depends on Port. ,
The prosperity of Oregon and Port
land "are as much interwoven as that of
Germany is with its ports of Hamburg
and Bremen. And the development of
these since 1871 by unlimited state and
municipal appropriations and an exten.
sive and. elaborate system of rate reg-
ulation ia the marvel of .the age.
There, however, the problem was stud
led as a science: here it is neglected
and left, by Ignorant politicians to the
fortunes of chance, subservient to the
behests of very petty political ambl
tions. '
After 60 years of neglect, and weak
yielding of these ublie properties to
the demands or incompetent and uncor
rellated private Interests, including at
tempts to divest the public - title, and
until railroads antagonistic to water
ways have acquired 60. per cent of the
riparian rights, with never a thought of
public revenue.
Now, when the people of Portland.
have taken the necessary preliminary
steps to assuming the ownership and
improvement of the properties, and with
great effort the legislature has been
stirred to attention wa begin "to hear of
revenues due the state. -Belong
Mora to City.
' If such were . not due under private
administration, why under publlo ad
ministration. In fact the properties be
long more to the city than to the state.
The state has title because of her sov
ereignty. In this case the representa
tives of the state had. neglected, at
tempted to divest, and had forgotten the
! properties. ',.
When the city appropriated funds and
Claimed the properties fo Improve, it wa
the public claiming its own. It Is like the
step-f atha who nwy. assorts hir claims
of affection to the child when the. real
father appears, and" tnen wants money
to forego those claims.
However, if it will add any support to
the bin;' the small revenue they have in
their eye is 4iot of great importance.
The, .denial andjconfuslon of the city's
right In these properties with other in
tricate exigencies Is of more.
Clean cut 'possession and administra
tion', entirely free from outside inter
ference or burden, is the only-cirrect
policy for the basic utility of the port.
SUtoment Called Misleading.
It was stated"-In a review of a letter
of Dock Chairman Mulkey to Senator
McCulloch, published by a morning pa
per, that a wharf right when used be
comes an irrevocable right, and can only
be secured by exercise of the right of
eminent domain.
The statement is misleading. It is
true in relation to improvements and ex
penditures made, but not as to the fran
chise right Itself. Just as in streets,
the principle is being established that a
franchise grants only a right of use to
the extent specified and availed of, and
none whatever to possession for specu
lation or exclusive purposes; tVe like
principle is being applied to waterways.
In Oregon the law is construed that the
riparian has no right beyond ordinary
high water line, except such as the
State sees fit to permit, and in Bowlby
vs.- Shlvely, since the passage of the
wharf right act of 1862, under which ri
parians are now claiming, Shlvely, the
riparian, was held to have no rights,
since he had not availed himself of the
privilege conferred by the act.
Congress, invested with the rights
of the United States to control naviga
tion and commerce, is also taking cog
nizance of this question, and Major Mc
Indoe, engineer in charge of this har
bor,.Jas very recently made a report
to the secretary of war in obedience
to a demand of congress, embddylngf spe
cifically tho following information:
Engineer Makes Report.
(a) The general location and descrip
tion of water terminals and the extent
and method of their use by water car
riers and their general efficiency, and
whether open to use by all water car
riers on eaual terms, and such Informa
tion as may be accessible as to the terms
and conditions ot use: "
(b) Whether physical connection ex
ists between such water terminals and
the railroad or railroads serving the
same territory or municipality, and also
whether there exists between any of
the water carriers operating upon wa
ters under- improvement . or heretofore
improved and any railroad or railroads
a mutual .contract for Interchange -of
traffic by prorating as. to such long
distance traffic as may be desired to be
carried partly by rail and partly by
water to its destination. - .
" (c) Whether Improved and adequate,
highways have been constructed to each
Water terminal.
: (d) If no water terminals exist, an
opinion in general terms as tat the ne
cessity, number, and appropriate loca
tion of terminals upon such waters.
December 18, 1909, the board of engi
neers, appein ted by congress, and at
tached to 4he war office, formulated the
following rules, in force since: .
That no work of : construction or
maintenance be undertaken bythe gov
ernment -at any harbor constructed by
and operated in the interest of a cor
poration -of private person, and .adapted
10 tne promotion or tnat interest my.
That the work at any harbor be con
fined to the general part of the harbor.
including as may be necesasry the con
struction and maintenance of break
waters with: the general anchorage area
protected thereby, of entrance piers and
jetties at .mouth of inner channels and
the portion of such channels immedi
ately between them, and the long gen
eral channels of approach as may be
necessary to connect the harbor with
outside deep water.
These things show that the federal
government is recognizing the policy of
public Improvements .of harbors, and is
imposing the duty upon the local publlo J
and government, only assuming tne
duty of keeping open access to the sea;
and particularly announces the policy
that government Bupport to that extent
will bo withheld where public Interest
improvement, accessbnd control of said
harbors are- neglected or lacking.
111
m socc
TEAM
BEATS
Uf
ill!)
With Wind at Their Back' East
Siders Shoot Two Goals
-" : in Second Half. .
SAYS WILSON MAY 1
HAVE TO BEGIN ON
THOSE HANGINGS
(Continued From Page One.j
The Lincoln High school soccer eleven
was defeated yesterday afternoon by
the Washington team by the score of
3 roals to none. The game was played
on the Jefferson grounds, and good work
was marred by a strong wind which
swept the field.
The Cardinals succeeded In holdlne
the Washington eleven scoreless in the
first half, but in the second period, with
the wind at their backs, the Washington
Players scored two goals, Adams and
Gilbert scored Washington's ' goals. -
Tlw Lincoln team scored one roal In
uif nrst .hair, but this was disallowed,
because the - referee held the players
were offside.
The lineup:
Washington. Jefferson:
Clement G Pauley
Ball ..... R B Greer
Brown ....... ..L B. . Steele
Jones .R K B Paret
fillhrt ...... f! H H.-.i.... . Varlnv
Loughton . ...L H B... Young
Campbell .....OK uoodwm
"Williams I R F Tananseo
Daly ,.C F Roussellot
Adams ........ I L F. ..... Llnklater
Hazlett ....... O L F , Wolverton
Bailey issued a statement this afternoon
explaining the order and denying its
Illegality as alleged by Spreckels.
Bailey Explains Ordsr. -Thettrder
simply increases the num
ber of depositories," said Bailey, "for
the purpose of simplifying check ex
change without materially Increasing
the fixed balance of national funds in
national banks. Under the old system
there were 450 national depositories,
carrying a total fixed balance of $48,
000,000... Under order No, 5 the number
of depositories is increased to 650, and
the fixed balance increased, to about
150,000,000. This means a decrease In
each individual bank.
"Mr. Spreckels is entirely wrong in
his argument. There will be no increase
in the balance held by New York banks.
On .the contrary, there will be a marked
decrease in individual balances. .We de
posit in New York about 82,000,000 a
day and withdraw about an equal
amount
Bailey explained that the government
charges banks no interest on govern
ment deposits because of the great as
sistance they render the trade in nego
tiating government securities free of
cost to the government
, "Bosh," Bays MacVeagh.
"Moonshine" and ''bosh," were the
words most used by Secretary of the
Treasury MacVeagh this afternoon in
referring to the prediction in New York
of Rudolph Spreckels that the country
is threatened with financial difficulties
as a result of the issuance of treasury
circular No. 6. MacVeagh said:
"Sprcckles' fear that money stringen
cy will confront Woodrow Wilson's ad
ministration as a result of the order, is
absurd. It is all moonshine. The banks
will merely have a working balanqe and
will not be crowded with gold subject I
to call and subsequent hardship to any
one. , "gpreckles' intimation , of a Riot by
the outgoing Republican administration
Is ntter bosh. It "evidently .was made !
VIA unto iiuuiiunhiuu uu nuvjovi..
President Taf and the cabinet dis
cussed this afternoon the possibility of
the order causing a panlci -
"I haven't seen th order,", said At
torney General Wickersham; "but all
talk of a plot to dynamite th Wilsor. I
administration with a panic bomb Is
nothing more than hot air." .
The treasury department here Is t
flooded with requests from treasury of
ficials and national banks for copies of
the order and also for its "official interpretation."
BOB W00DW0RTH WILL
gives Dr. Stewart three good jumpers
for the coming season,- Powell,' who
jumped 5 feet 11 inches in Portland last
spring, will be back next week.
With Woodworth came Erickson, an
other Lincoln High school man. .Both
are signing up in the" mechanical engi
neering department. , . .
- O'Neill Fixes Sox Training
Oakland, Cak. Feb. 7. Tip O'Neill,
who has been' acting as Charles Comta-
key's agent on the coast, announced to
day that one squad of the Chicago
White Sox -will train .' in Oakland.
O'Neill stated that the southern squad,
which had planned to go-to Pasadena,
probably will be taken to Los Angeles
where they can use the Washington
park field of the Coast league.
Q Neill left this morning for Chicago
to cpnfer with Comlskey, and Manager
Callahan of the Sox.
A modern Chinese trade union has
recently been formed in Shanghai by
about 3000 goldsmiths and silversmiths.
r.VFARLAND
WAT
II
WILL BATTLE TONIGHT
FourvRound Main Event Prom
ises to -Be Hummer for. .
Lightweights, 7. .
(United PreM. Leatta Wire.)
San Francisco, Feb. 7. ossessed of
a puszling style and a "kick" that would
wilt a heavyweight. Tommy McFarlan4,.
the local lightweight, expects to dispose
of Red Watson in short order in their
four round main event here tonight.
Watson,- on the other hand, cannot
figure how McFarland is going to sur
vive the bis armful or i . '
crosses and uppercut t;-.it U
his way, and has already an .v .
"blow" the winner's end if tn ;
Both boja are in grand trim.
Johnny 0'Iary, featherweluU c'
plon of the nortowe.it, in billed t
Roy Moore to the main preliminHry. .
tons La Grave will do battle with i:
meo Hagen of Seattle.
"Joe Greggains vs. Willie Murmy: K'
Bertelson vs. Eddie Miller; Toun I. u
urn vs. Kid Blake; Tom Klckola v
Voung Wolcott; Young .Ketcnel va. Ki.i
White; Soldier Murphy vs. Ri Murpht.
all of San Francisco, and Ray Csir.
bell, of San Francisco, Vs. "The Myntan t
Kid," of Butte, are the other prelimi
naries. -
Hints to Poultrymen
The poultry feature in the' Saturday
Journal is-proving very InterestinK t
poultrymen. These . columns contain,
helpful hints that ean be used to good
advantage. -
AID 0. A. (T. TRACK TEAM
......
Crack Lincoln High School
Jumper Enrolls at Cor
vallis; Stewart Smiles,,. ,
(Special to The Journal, I
Oregon Agricultural College, Corval
Hs. Or., Feb. 7. Dr. Stewart's hopes of
a strong trick team to represent the
Oregon Agricultural college were con
siderably brightened when Robert Wood
worth, the prominent- Lincoln High
school athlete, appeared at the regis
trar's desk to sign up for the coming
semester. The addition of a man who
can leap with any of the high jumpers
of the northwest conference to' the O.
A. C, team has raised the status, of the
squad a good many points.
Woodworth has competed In all of
the lnterscholastic meets held at the
Oregon Agricultural college and Univer
sity of Oregon for the past two years,
winning the high Jump last year and
making a new record on the O. A. C.
athletic field, clearing, the bar at 5 feet
9 inches. That jump is good for a
place in any meet In the northwest. This
Styles
tvt n
iNew opnn;
are ready in "Bradbury
System" Clothes, that we would
like every man to see Saturday! , ., .
Smart pin stripes, fancy, blues, grays and
tans. Two and three-button, with the box
back still a big favorite.
-
A splendid showing of Blue Serges and
Unfinished Worsteds. . '
"Bradbury System The Best Clothes
Mads Yet" sold only at The Eastern, $20
to $40.
- Spring Blockt in Adricnne " our famous
$3 Hat. Derbies and soft shapes. 1
"Arrow" Shirts in new patterns, $1.50.
Open a charge account with us now. A
small payment balance as convenient.
EASTERN
OUTFITTING CO.
On Washington, at Tenth
tu m. a.)
-
Whnt ils your horse and wagon delivery system costing you?
Did yoi ever figure out the limitations of the old system com
,." jared with tho modern way of delivering with a
waiTB MOTOR TSVOZf V " .V
M.iy. wo give you comparative facts' that will show" you a at'
lng of moin-y? .. - , ..,- -.w . - . , ... '. ..... .
JTJhieJSChiteJCoiiipahy
S. W. Hill, Mgr.
69 Seventh Street
TAKING UP COAL LAND
ON COQUILLE RIVER
(Spfclnl to The Journal.)
Murshfield, Or., Feb. 7. CoaJ rights
which it is believed will later on be
highly valuable are being taken up in
what is known as the Eden Ridge coun
try, far down on the south fork of the
Coquiile river and in the southern part
of Coos county. Coal of a very fine
quality always has been known to ex
ist there, but the previous inaccessibil
ity of the country has caused it to be
overlooked. The Smith-Powers Logging
company is now building a railroad to
that part of the country, and the pros
pect of transportation has directed at-1
tentlon to the valuable coal deposits. i
Anticipating a move of this kind, a
prospector and locator has been in the
'coal country for a year or two past, and
has opened velfts and Investigated the
coal on the government lands. He has
located investors on these government
lands, and in such cases the lands have
been filed upon under the mineral act.
In the past year - a number of Coos
county men have taken up coal lands in
the district, and since the railroad has
started in that direction many others
are investigating the lands.
f 1 yt pyMKWWM "pf
1 1 "j .''vy
IIll
! I
f "si I f " f -.
WOLVERT
m GIVES OU
T
THAT HE'S GOT LIVELY
New Sacramento Manager to
Have Full Charge, Accord
ing tp Owner Atkih,
lDnltd Vftm Iiiwd WIr.
Sacramento, Cal., Feb. 7. Baseball it
brightening up considerably here today
following the arrival of Harry Wolver
ton, to whom Jack Atkln has turned .
over tho ruins ot tho Sacramento clubj
for 1913.'
Atkln tias promised to furnish all thnt ,
is needed in the way of financial bark
ing and leaves the rest to Wolverton.
The former Oakland leader haa an
nounced that Jack Lively, who waa
formerly an Oakland pitcher, will be
In a Hacramento uniform this season,
and with Arrllunes, M unwell and Strouil,
is expected to taka his regular turn in
the box. - ..... ! V
Wolverton is preparing for the train,
ing season at Marysvilie. ' The Senators
will begin the Umbering up proces
about the fkst of next montn, upon the
arrival of a number of players from
the east. . .
ratcTHbTir
The Katurdsy poultry columns in The
to '
i'
7
BY
ORDERS
FROM
mm , mm L0
229 Morrison St. &g 229
All Ladies' and Children's Shoes and Rubbers
MUST BE SOODi
Regardless of Cost or Value
f3 Tl
Tl O
Mm
mr i m m r be
Our entire stock of Women's and Children's Shoes will
sacrificed at 1-2 to 1-3 of regular prices. " See these
real shoe bargains. On sale Saturday morning, 9 o'clock.
Everybody come. Double Gold Bond Stamps for the early shoppers
Lot 1
Women's Lace or
Bolton Shoes
All styles,
All sizes
$1 .45
1 Pair
omen's Warm Felt
SlippeVs
59c
Pair
Womea's leather
Comfort Slippers
Plain toe, also
with fancy tip.
Ail sices.
Bays High
Tops
Blaek or tan
leathers
1.95
Pan-
Big Boys'
Ml' Shoes
ll $1.00
J Pair
Womea's Velvet,
and Fancy
Shoes a!
(m I III! .1 5
SSj Pair
Jockey -rmm l
Boots MJ
Up to size 9 B 1 I
$m5 ) (
Largest
Sizes 7
$1.85 Cy
One Lot Mens
Shoes -Oxfords
Odd sizes
$1.00
Pair
Ladies'
Shoes
Black or tan, ..'
lace and button
.85
Pair
1
MEN'S SHOES
Furkard
W. U.
DooflM
Black la 1 0Sk
TV
SP ' l'" - - Mk
fa r
i i -
Men's Dry
Foot Shoes
For dress""
wear. $3 val
ues go at
$0.35
JOT'-A
ChiluTcn s
Jul ' '8fc''9
M-MrSHE
OOft TI
sbs- w Cetwccn l irrt
Journal should b reu
carefully by all
interHt('d in poultry.