The Oregon daily journal., April 13, 1913, Page 9, Image 9

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: GflUB) CBIITEST
Woodlawn School Boys and
Girls Start Digging, and
Planting Will Begin This
Week; Much Interest,
Work on the Woodlawn school gar
dens,' of which the 600 boy and girls
X.nmr. ko..n K I ts lr I Km M in A fnlllrlLT A PAD Wrl
JUv v tj uci'ii 1. 1 1 iixni Jig ivmu h(&aniietit vs vu-
.. .. ... . 1 ... 1 ... n M 1 - i. I.
;jii(f ana Biuuyiuff ir pbi, uc-
' came aealty Ut week when the chll-
A f on ivara erf-iron . iYiA frAfurinm nf 4V)A
two and a half acre tract opposite
the school house, and permitted to be
gin preparations for their Individual
gardens. ' '
If beginning's count for anything
this year's garden will be larger and
' mpre, successful. In every way than
'that ''which Woodlawn very proudly
laid claim to last year. , Pupils, par
ents and teachers ate uniformly en
thusiastic ami the contest Is starting
orr in spiencna , snape.
ha mnthArt' Af ; thfl TXrnnri la urn lift
.trio gave a ' luncheon Friday for the
"teachers, covers ' being laid for the
20 teachers and principal and the ta
ble being-- laden with all the good
things which Woodlawn mothers know
so well how to make. Following the
luncheon mothers and teachers made a
trip to 'the gardens, where the chil
dren were at work, and It would In
deed be difficult , to speculate on
which of the' three groups, pupils,
mothers or teachers, got the most
enjoyment out of the beginnings of
the contest.
' Mora Gardens This Tsar.
That small part of the tract which
was not used last year Is being
uuiuuer iiiis KaiucsiB nun ycni, uiu
there .were before.. The . entire' plot
will be laid out, tne- greater portion
being used for gardens, although there
-will be a grass border around the
entire tract and In the center there
will be a plot devoted to flowers, from
the center of which there will float the
American flag.
The regulation size of the" Individ-
n.i niiT bi it, n m .r 1 11 itinr 11 n n 1 1 p 11
there will be some 6x10 foot plots for
the smaller children, wno last year
found the large"- plots . a little more
man mey coma nanaiev in oraer to
Inculcate the outdoor spirit and teach
some' of the fundamentals of garden
ing, as' well as to entertain the little
tots, a and garden Is , being planned
for' those who ' are too young: to do
other than dig hole with their lit
tle . shovels and fill them up again.
The sand garden has grown out of a
demand created My the number of lit
tle ones who come with, their . moth
ers on their visits to the garden and
tintxr tlia lltlA nnan -will Via trntrMnr!
for with amusement while - the moth
ers assist ' the older ones with their
. Boys Baislng Chickens.. . .
"Woodlawn also proposes to intro
duce another Innovation In tha . way
of a poultry demonstration in con
nection 'With-the gardens and already
thev.boys of; the manual training; .de
partment are busy building chicken
coopn,. i An incubator Is to be. .pro
vided.fjpor hatching thaA chicks i ' and
othersJ-WllJ .bring little chickens from
home ':j ' ' .. . - v
The. first days In "til , garden have
been :, fraught with considerable ex
citement, as- Jqf, removing' large rocks
several snakes havs been found. Like
true ..little , daughters of live, most of
the girls have , been terribly fright
ened,: although one very brave little
miss picked . a little baby, snake up
and . carried U Into the . school house
an -wanted tQ keep It for ft pet. The
boys,' who are very brave and chival
rous, try to comfort the girls by tell
ing, them that tha snakes have a use,
they will eat the Insects that would
otherwise, play havoc with the garden.
iV.OuE MID BEi i ER GAfiDZilS AIM OF PUPILS; FOR THIS YEAR
.The boys and girls are already be
ginning to show the effects of their
training In last year's gardens and at
this stage of developments they "are
discussing straight rows, distances . be
tween hills. ' .
Cultivating Ground Seep.
And speaking of hUls, it Is not
thought that there will be any rows
of miniature volcanos this year as a
result of a too literal understanding
of directions to plant beans "in hills,"
as was the case last year. The chil
dren have gained a knowledge of soil
that is Quite surprising and already
talking of cultivating "deep") at the
outset In order to have better results
and less work' later on.
The following Portland firms have
generously donated rakes, hoes, shov
els and spades and other garden tools
to the children for. the cultivation of
their-gardens: Mitchell & Lewis, Royer
Impliment company Rice & Phelan,
Adolph Dekum, Crown Hardware com
pany, Marshall-Wells, J. J. Kaddcrly,
Franklin & Co., Pacific -Hardware and
Steel company. Honeyman Hardware
company. In addition to this the par.
ents have given four times as much
money this year toward the gardens as
the contributed last' year.
, ! Planting Begins This "Week.
Planting will begin this week and
one of the most interesting; things
concerning the contest thus far is the
intelligence with which pupils are put
ting In requests for certain varieties
of the different vegetables. .
Tftey have remembered Just what
kind of vegetables took the prizes last
year and those are tha only varieties
they will consider. Next week a great
quantity of White Elephant- and-Early
Rose-- potatoes, Ox- Heart and , Drum
Head cabbage, Bermuda . onions,' Tele
phone and Early Morning peas.
A little , later there will be a-general
planting of tha New Tork and Hansen
Head Lettuce,. Simpson's loose leaf and
Bon Ton lettuce,, kidney, wax beans,
Burpee's Early utringless lieans. Early
Model.beetU Charitaney and : Ox. Hear
carrot,- parly Market and -Yellow Ban
tam ; corn,: Hollow -Crown' .and, 1 Tender
Heart parsnips. T White - pearl - and
White Icicle radishes, , Early Scarlet
wnue xippea raaisnes,. .victoria stun
ach, Purple Top Globe and Tramp leaf
turnips ana improved purple top Rut
abagas. ' ,,
Eager boys and girls of Woodlawn public school, who are out to win
honors In school garden, contest.
Samuel Gompers I Seriously-UK
(Dnltd,PreM( Leid Wire.) .
. Washington, April, 13. Suffering from
si severe attack of ear trouble, Samuel
Gompers, " president , of ' the American
Federation of Labor, is confined, to . a
hospital here todays It has not "been
decided whether an .operation , will be
necessary. .
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QDIDOE
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Crown and Bridge Work Specialists
Have You As Many Teeth As You Need?
Examination and Estimate of AnSWCF Mc
Personally
Work 'Cheerfully Given Free.
' !"."' - 1 ' :!' '" '. :' .:" 1 "'.L!' 1
Good Plates 5.00
Porcelain Crowns; ... ,.S 53.50
Gold Fillings.. .'..$1.00
Z2-K Gold Crowns . . . . S3.50
22-JC Gold Bridge.. '...$3.50
Silver Fillings ........... ,50
15 YEAR GUARANTEE
Our success is due to
the fact that we do the
very best Work at very
lowest prices.
LAST ATTEHDAHT
ILECTRO-DEflTjUPARLORS
313 WASHINGTON ST., COR "8TH, IN 2 STORY BLDG.
. OPEN EVERY EVENING -
BURDENED WITH
.A..' r . -: - . -
m TO PUBUC
Riparian Owner's Occupancy
-Is Based: Only on Permit
v From State and Is Subject
, to Easement.
' By J. B. Ziegler.
The ltjevltable has at length happened,
and a clash of authority has occurred
between the dock commission, trying to
improve the shores of the harbor with
public docks, and the port commission,
trying' to give them away 'to the abut
Ungr -owners.
..There ehould not be, ss gentlemen of.
the port commission have said, "any dis
agreement, as both bodies are working
for th benefit of the port and for the
same master, the public."
True! ; Let this last be fully glider
stood and established. Let the service
be real, and not a mere lip-service; then
thers will ba no clash.
' There will be no attempt to decrease
the capacity of the harbor by fills 'to
wharf Una There- will be no attempt to
convert publicly owned harbor area to
private ownership at public expense.
- The shores of navigable waters to or.
dlnary hlghwater line have always been
held accessory and appurtenant to navi
gation. No statute or Judicial decision
can change that. It is the basis of their
legal inalienability. ' The title Is in the
sovereign state in trust tor all the peo
ple. That it may, in part, be devoted to
private use wjthout injury to the public
use, has given rise to the construction
of a "Jus privatum," which may be con
veyed to private title. But it is a dis
cretion to be exercised, subject to the
"Jus publicum", or absolute public right
over all, and never against the public.
As Lord Chief Justice Hale put it,
"The public right is paramount, and
where the two conflict the public right
must prevail. : .......
Publlo Title to Shores Paramount
It Is. strange that a situation should
arise in Portland, where of all things
the recognition of the public -right is
the thing most needed, that a policy
so obvious as the paramount "Interest
of the publlo in the harbor and its ac
cessory ; improvements should require
urging, It is axiomatic, ' as much so
as the mathematical analogy, ( "the
whole Is greater than any part." The
public is also the sovereign, in vour
country legally, as it is, in fact, in all
countries. Its needs is the final ar
biter of all questions. It also is "con
stant, permanent and. the source from
Which flow ail the organic forces of
our civilization. The Individual is tran
sitory, and a -useful element only when
acting in subjection to the sovereign
public. All the great waste and worry
or government comes rrom those indi
viduals unwilling to submit to' the pub.
Ho good, the publlo sovereignty,' or its
laws.
They represent a chaos of disorder.
upon which. civilisation, must constantly
shed its strongest light and wield lis
tireless arms, ,-
So it has come about that below or
dinary high water line on. waterways,
no titles in fee are valid, and riparian
possession is only by wharfrlght. Ore
gon courts have held (17 Ore., p. S10)
that the wharfright does not even con.
vey possssln-that under", a wharf
rlgiit.y ltl)outactual, pecjupaancy.tha
holder of the wharfright has, not the
right to institute an ejectment proceed
ing agnlnst a tresspasser.
There is no possibility that a private
f In the banks, of a navigable water
will , ever become permanently exclu.
f n liiic." HI..1 raiijiut lie. without the
) 'iiili;iimi of the piililio Hunt.
They, Mto tho rest or the t"-'In 0l
rlvci-H, are more useful f'ir imllto thun
private purpoien; lirnro tlie lnw follows
the iiKB'Htlfn of nature and devotes
them to that use.
Values Under Wharf Bitfht, Jobbery.
The only way In -which a wharf right
can become equivalent to a fee title, 18
that the riparian owners, through the
ministrations of misguided public offi
cers and Judges, may prohibit Mtie public
from use and Improvement until it Is
willing under dire npressitty to dlsgorg
the full ffe value. We have object les
sons that they mny even exceed that.
Subject to the legal burden Of artnsl
publlo commerce, the submerged lands
are worth but little to a private owner,
while-to the public they are worth a
great deal. Mr. Mears of tha port com
mission is quoted as saying he "didn't
know the land they are filling for the
Eastern & Western Lumber company is
submerged land." While our public
maps and records ertcourage a miscon
struction like that. It is yet inexcusable,
ss submerged land means land covered
with water; and that being filled, like
that of the O.-W. R. & N. Co. alongside,
is .covered' with water, in great part,
not only at .high stages, but at, all
stages of the river. . - t '
SPRECKELS DEMURRER IS
- SUSTAINED BY COURT
San Francisco, April 12. The second
victory In ;30 days for John , D. and
Adolph Spreckels ' over Rudolph and
Claus A. Spreckels in the long-drawn-out
fight over .the estate of the late
ClauS Spreckels,- the sugar magnate,
was recorded In the superior court here
today, .when Superior Judge Beawell
sustained the demurrer entered by
John ' J), and Adolph . H. to the com
plaint . for an accounting of gifts to
the latter, oy their father.
Claus and Rudolph Spreckels based
their complaint' against John D, and
Adolph on tho allegation that when
the late Claus Spreckels was at outs
with the former h gave John P. and
Adolph about 15,600.000 of his fortune
in excess of his own community in
terest in the same;
LAND OFFICE REGISTRARS
WILL" BE NAMED SOON
(WuhlnctAD Bureau of. The Jonrntl.)
Washington, April 12.- The statement
that the secretary of the interior would
select as registrars of land offices none
but lawyers caused considerable trepi
dation among congressmen and candi
dates, but it is said now that this was
not final, and that Secretary. Lane Is
preparing to confirm ' the nominees of
the Oi-egon senators for the land of
fices In Oregon. It is probable - that
the president - will get to these names
some time next week, but nothing is
certain, as there are so many appoint
ments to be made,- v .
Motel
IVi
Ui HH ii III U
Milt fll.f ' j
GRAND CONCERT IN LOBBY
Every Sunday Evening, 8:30 Until 10 o'Cloc!;
WHAT THE GREAT HOTEL MULTNOMAH
Furnishes for the Public
TABLE D'HOTE DINNER
Sundays, 6 Until 8 p. m.
ONE HUNDRED FINEST SAMPLE ROOMS
In the United States for the Commercial Man
THE MOST ATTRACTIVE DINING-ROOMS
IN AMERICA
The Arcadian Garden
.Cuisine and Service Unequaled
HIGH-CLS ENTERTAINMENT DURING
LUNCH ! AFTER.
DINNER THE
and SUPPER THEATRES
Great Attractions Week Commencing
Monday, April 14th
MARGARITE FAVOR and Her Four Dancing
Girls.
THE GREAT PUNCHINELLOS.
WALSH AND RAND, the Popular Singers.
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H. C. BOWERS, Manager
GAINER THIGPEN, Asst. Mgr.
sive against the public, . The. worst
that -can happen' Is what Is happening
in Portland now, that during a tempo
rary aberration, the " public may lose
valuable! haVbor area by fills on sub
merged lands covered by these wharf
rights, thus changing the legal bound
ary between private and public prop
erty. Wharf Sight Wot a Pee.
It has been said there is little dif
ference in tBe value of this wharfright
biiu lev lull-. - ttra eii-vi.
The navigable water and Its-bed be
longs to all tne people, title held by
the sovereign state in trust" for the
uses of navigation and commerce. Out
side.. of publlo landing points, only the
channel is of importance and the
wharfright or Jus privatum may ab
sorb all the use of submerged shore
lands as far as the need for passage
of flood .waters will permit. They are
of no present importance to the public,
yet for possible .future use are not held
entirely free from th publlo right At
terminal . points like Portland Harbor,
however, they assume an entirely dif
ferent Importance, and become as nec
essary to the publlo needs of "naviga
tion and commerce" as is the channel
Itself,, and are so "held by the courts.
When a port municipality is weak, as
was this one In 18(2, the wharfage right
may be extended to the riparian owner
by statute for the purpose of supplying
the public need for docks, subject to
regulation .4af oharges, etc., as this on
was, in the public behalf. It Is an inde
terminate license, and, as has been ad
judged, has nothing to do with title, noi
is it , exclusivevagainst the state, but
only vests a right of occupancy when
availed of against other Individuals. If
not availed of, and no wharf is erected.
It is an unused privilege, and amounts
to nothing.
Tor Wharves Wot Speculation.
The claim that it grants a vested
right for no use, or for other use than
wharves lp baseless and entirely Incom
patible with the trust title for naviga
tion and commerce, v
Despite some adverse decisions, this
Is the dootrlne established In the mal.i
by the courts, and the only one that can
be permanent,' and the sooner a port city,
recognizes it the better.
Proof, if necessary, is furnished in
the fact that riparian owners occupy
these lands for other purposes under a
wharf right, and have neglected ' the
nublio need for dockage, until the publl;
has shown its need by subjecting itself
to millions of bonds and appointing a
commission to construct a system of
clock's '
By the dock act the public asserts its
right to possession of the shores of tJ.o
harbor to ordinary high water line ana
nothing stands in its way, except tho
formal conveyance of possession by the
state. The riparian owner under, his
wharf right has enjoyed the use of the
land, and when he falls to fulfill Its full
purpose for public commerce, not only
Is it the state's right, but its duty, to
revoke the license and proceed to make
a better disposition of the property
The Improvements which the occupant
has Installed under the permit of the
state Is another question, and does not
enter Into the present controversy.
Publlo Burden. Abstracts Private Value.
The onlv way under which the state
would be Justified in leaving the prop
erty in the riparian possession would
b to comuei -him to construct docks
meeting the requirements of the publlo
commerce under specifications and regu
lations provided by the state, or to con
struct them and assess the cost to the
riparian vwner. t If he hangs onto his
right as exclusive against, the state, al
though burdened with the publlo nse
for navigation and commerce, that
would be the logical thing to do, and
that is what Js done in the case of a
street, where the abutting owner has
title to tha middle of the street.
But because of the enormous expense
of dock construction, ' and because Vhfs
harbor improvements could not be sys-
ienuUUeCU .under verse privates jyaettJ
Snip, me .inns iut mf mauie. .
Because private owners cannot fulfill
this complete use and because the sub
.nergd lands on the harbor are bur
dened with this use. as neod develops.
Ithelr wharf rlglft is not "nearly equal to.
TnELECTRCPHONE
Base Ball, Play by Play, Opening Day
Special Telectrophone Baseball Service Will Begin t,
Opening Day April 1 5th
We will give "all the localgames; play by play; also batteries, score each inning
and final score. ' . ' '
OTHER GAMES, PACIFIC COAST AND NORTHWEST LEAGUES :
Batteries; score each inning and final score. -
IF YOU CAN'T GO, COME AND LISTEN GRATIS
Multnomah Hotel Imperial Hotel HofBrau
Doty , 10 Cham. Com. Mallory Hotel
McDowell', 309 Wash. Louvre
Rich's, 267 Morrison ' Ry. Ex. Cigar Co., 107 3 1
OR COME TO OUR PARLORS
506 ROYAL BUILDING, BROADWAY AND MORRISON
Carlton Hotel
Sichel's, Sixth and Washc
Idle Hour, 262 Alder
Oregon Telephone Herald Co.
OFFICERS AND DIRECTORS ,
!t A. McNary. Gen'l Counsel. - . S. G. Reed
Frederick A. Knbs . W. R, McGarry
, Ttobert F. Co, M, M. GiJIam, N'ew York
' ; 1 " ; " v" " '"" 'y FrMr l,fr tN NrSr crctary-Man c r,"
SUBSCRIBE TODAY SPECIAL BASEBALL SERVICE. Fhcnef.!..r : V
S. Doernbecher, Pres. -("hai.
F. Swlgert, Vice-Fres.
M.- Hansen . '
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