no: j day x:vi:ninG, junc 1:1: C'!..f 1 1' r (. : . Washlnsion. June li K ,.$ Tl(f Tang, the Chlnaae minister to tha United BtataK, his wife, duughtars and son, are enroute today to Pin Francisco, whence they will sail for China. When the mln- ltr sn1 h's ty,'.'r srrlvel In Wah nnr luur years ago thoy .wore tiia plcturaiqua coatumes of the orlsnt; Dicy oprt In tha latest, iip-to the-mln-uta tailored American clothing. ROSS ISLAND IN THE. WILLAMETTE PRACTICALLY SUBMERGED BY BACK WATER 1 1 1 V tun sun 01 rsrssaarssri Journal Want Ait bring results, USE IF STREETS w Writer Gives New Light on Status of Case Against In- t'-t man &. Poulsen; Case Up. in LOW KATES Supreme Court .Thursday. THE OlllXOn DAILY JOURNAL, roilTLAUD. r ' " " ! 1, n- By J. B. Zieglr. " ' Tha cm of tha city va. Inman-Poul-n .umber company over tha poaaea Ion of tha atraata throuah their 40-acr mlllalta on the eaat aid, will b heard by tha auprama court next Thuraday. It will bo rememberfd thla wa heard In tha Multnomah county court " befora Jud(a McQInn about two year jo, tha city being represented by Frank S. Grant, city attorney, tha trial and rasa belnf conducted by W. C. Benbow, aa deputy. ' - t Tha result was a kind of a dor-fall, Judfa McGinn's decree being that tha ."treats were city easements and could n hm vintcd. but that tha Inman- : jpoulsen company having bean permitted .to occupy them for a period of years , -with valuable Improvements and an lm- tortnt tndustrr. that as 10ns as the ; present occupancy and use existed, It ; must not ba Interfered with, but upon ; vacation by said Industry or transfer ; of tha property, tha streets should be :xoma aubjeot to publio use. V, There appeared, however, in tha de : eree, a declaration of tha Inman-Poulaan , ltla aowa to "low water mark." ; ! The writer having Juat ben engaged ;in a atudy of .the subject of tha city's : progresalve and continuous losa ot Its : -waterfront property end the streeta glv ;ng access thereto personally appealed : to Judge McGinn on thla point r - Seaearlsf la loggested. ;' With oharacterlatlo frankness the f Judge declared ha Intended to make no ; auch decree, that that point had not ' been discussed In tha trial, waa unneo j essary In tha decision of tha case, and ; had been aupererogatorlly introduced ! Into the decree without catching hla at f tention. He asked me to requeat the ; city attorney. Mr. Mulkey, chairman of ; the dock commission, or anyone entitled ; to appear, to ask for a rehearing, so J that ha might enter an amended decree. ;.' Soma time had elapsed since the orlg '. 3nal hearing; there was a disagreement ; whether or not the legal time ror a re- bearing had elapsed. Messrs. Grant and : -Benbow were dissatisfied with the de "eree and wanted to appeal on the rec-'"-ord as It stood, and Mr. Mulkey de- alined to Interfere. ' I take thla opportunity of acquaint ; 3ng the publio with thla kink In the Utl ; featlon over thla Important property, and ; the pertinent brief of Messra Mulkey ; and Crawford appearing as amlol curiae in the case. H I would at the same time like to call J the public'a attention to Mr. Mulkey'a faithful guard over- the waterfront J properties, the resp6nslbiutlea of which . fall so largely upon mm aa cnairman 5 of the dock commission. It la an oner- tua and unremunerated task, and the 5 dock commission la opposed by a most ( powerful, Influential and alert body of I -men, $ seeking to divert to their own proprietorship $60,000,000 worth of pub : lie foreshore. :'. Of course they can In aucb a contest ' afford to pay heavy retainers to the '. best legal talent of the city and their support la enormous, though their ao- tlon Is ao damaging to the prosperity and development of. the city, and real. ly in the long run ao damaging to them- aelvea. The essential part of tha brief of - Attorney General Crawford and Chair man Mulkey of tha dock commission Is here quoted: : "The reason for tha filing of this brief la that the trial court In the de " crae In this cause adjudged, among oth- er things, that the defendanta were tho ; ownera of the property In dispute to the low water mark of the Willamette river, and that defendants had 'the right to erect and maintain docks, wharves and .other structures between the harbor line of said Willamette riv er and the low water mark thereof, and all riparian rights and privileges rod- dent and appurtenant to said real aa- - tate, the object of thla brief being to - call the court'a attention to what wa believe to be such error In the above two particulars as to justify a modifi- ; cation of the decree with reference to : each "errors. Irrespective of the other : questions involved in the case. : ... . . .. gtatea Hie Position. ' "Our position is (1) that the upland owner on the Willamette river only - takes title to the ordinary high water mark; hence, the decree of the trial ; court should be modified to ao adjudge) ; (2) That the upland owner, being with : In the corporate limits of an lncor ; porated city or town, has only the right ' to construct a wharf between the har- bor Una and ordinary high water mark; bence, the decree of the trial court should be modified by striking out the ; words, 'and other structures., "It is only to these two points that ; the writers of this brief address them X aelvea. Concerning the other points, - they wish tq be understood as taking ; &o part whatsoever. X "Probably before this case is decided : the court will have decided the case of t Pacific Milling & Elevator company vs. ; The City of Portland, the decision of which case must of necessity require a careful consideration of the points under discussion here. ; Two Caaes Cited, - Therefore, we ' clta but two cases, ; which we think lay down the rule of 5 property as it now obtains with refer I ence to the title of upland owners on ,t the Willamette river at Portland, and ! we cite these cases with only the com- ment that to depart from the rule as - laid down by thara by holding that tha title of the upland owner goes to ordi j nary low water mark, must be to over I rule the cases just cited. j "la Montgomery vs. Shaver, 40 Ore. j Hi, at 17, this court says, "It is sug- gested that the ahore owner of uplands j takes to low water Instead of ordinary I high water mark, but the rule to the I contrary has been ao firmly established I In this Jurisdiction that it is unneces f safy to treat the question further than ; to cite the cases In which it was ln j volved.' -: Sad lgbt to Construct Wharf. J "In Oregon vs. Portland General Elec- trio company, (2 Ore. 602. at 633, the t same doctrine is laid down and followed. : and at page 630 of tha last cited case i this court aaya, The Willamette river is ; a public, navigable stream, a publio hfghway, the title to the bed and1' basks ; of which la In the state for the benefit of the public ; "It will be noticed in Its decree thatthe ; trial court adjudged that the defendants 'had the right to construct a wharf or . other structures between low water and the harbor line. This 1 anguage. of course, would require judicial construe - ttwwe to Hie weaning 1 pf 11 thnerm ; "other structures. Probably the Judicial : construction of tha words 'other struc ture a" would ba of Ilka kind.' -te thafy aa It may, we think the da- ':. Photograph taken from mainland, ehowlnf north nliofocraph show'i the flooded condition of Robs the river was at its highest point, 24 south side was inundated with water. craa should be so modified as to avoid the necessity for Judicial construction Certainly defendants should not be al lowed tu build a stable, a hotel, a lum bar yard or a brick, yard, between the line of ordinary high water ana me harbor line. .We contend that tha fran chise aa contained in sections 6201 and S202. Lord'a Oregon Laws, gave defend ants only the right to construct a wharf or wharves tm the aubmerged lanas pe tween ordinary high water mark and the harbor Una ' ' "In Bowlby va. Shlvely, il Ore. 410; at 430, thla court says, It is true tha iegls lature of thla atate had made provision by which the upland owners within tha corporate limits ot any incorporated town might build wharves prior to the acts pf 1872 and 1174, supra; but within tha purview of our adjudication it would, aa a matter of power, have been equally competent to have given thla privilege to others. Decision Quoted. In Montgomery va. Shaver, 40 Ore. 244, at t, thla court says, The right to wharf out to the navigable waters of a atream la given by atatute to any owner of land within the corporate limlta of any ' city or town ' bordering thereon, UlU'a Annotated Laws, section 4227.' "It thua appeara that the . right to wharf la a atatutory. right .Thla be ing ao, and not being based on a .valu able consideration moving from the up land owner to the atate, it la elementary that the right given to the upland owner ahould be strictly . construed against him. . . "Even at cotamon law the upland owner could not, as a riparian right, build a atructure In front of hie upland, into navigable water, that was not an aid to navigation. See the case of At lee va Packett. 21 Wallace (U. a) S8. Area of Harbor United, "In conclusion we desire to urge on the court that the harbor at Portland, composed as it is of the watera of the Willamette river la not like the case of tide lahda on a bay, arm of the sea, a .sound, or the mouth oz a great river emptying Into the sea, having great water width. The area of the Portland harbor la limited. The river at that noint la comparatively narrow. The volume of water commerce makes It naceasarr that tha entire width of tha river right up to ordinary high water mark be devoted to navigation ana aiaa to navigation. -The length 'of water carriers is con tinually Increasing, thereby requiring rreater water width for the maneuver- lng of vessels. .Therefore, we contend that a wise publio policy should obtain to the extent that upland owners upon the Portland harbor be allowed to con atruct nothing between ordinary high water mark and tha harbor Una other than wharves under the wharfing act of 1862, as set out in section biui ana S202, lord's Oregon Laws. Hence, we ask that the decree of the lower court be so modified." CONGRESS ASKED TO INQUIRE INTO McNABB CHARGES (Continued From Page One.) paring a resolution which he will in troduce in the house tomorrow, de manding that Attorney General Mc Reynolds submit the correspondence covering the case. Secretary of Labor Wilson refused to comment further on the matter. Com missioner . General of Immigration Camlnetti said: "Under orders of the department of labor, I am prohibited from discussing any program of the department Per sonally, I have nothing to say' . President Wilson said he was not in formed as to the details of the Dlggs- Camlnetti case, but that on the surface it seemed to be a humane move ro allow Camlnettl's father to attend the trial. It is reported that Attorney Gen eral McReynolds and Secretary Bryan have conferred over the matter. Assistant Attorney General William R. Harr, who is in charge of the West ern Fuel anti-trust case, also conferred with McReynolds. David Starr Jordan, chancellor of Stanford university, called at the White House today and discussed tho McNab resignation with the president Jordan called attention to the state ment that W. H. T. Devlin, attorney for Camlnetti, was called here about the time the cases were due for trial, to appear in a land office suit. C. C. Boynton, partner of Devlin, made a statement that District Attorney Mc Nab had agreed to a postponement of the cases, provided that it would appear that it was the department of Justice and iot McNab who did it. McXabvHas Another Jolt. (United Presi Leased Wire.) San Francisco, June 23. That unless President Wilson accepts his resigna tion at once he will fire another jolt at Attorney General McReynolds, which will be entirely unexpected, was the threat of United States District Attor ney McNab today. McNab, who resigned Saturday, after making serious charges that the at torney general is hampering his office, especially in the Dlggs and Camlnetti, and the Western Fuel company cases, reached his office early' and. was evi dently much disappointed that his res. ignation had not been accepted. "I am also disappointed," said Mc Nab, "that the Washington officials do not appreciate the seriousness of tha situation. Unless my resignation is ac cepted, at once,. I shall fire another Clbiosilslrts- ait Iham which wHr-br-err tlrely unexpected and will leave much to explain.". . . . McNab said he accepted the explana tion , regarding the postponement of Drew Camlnettl'a case, because' Senator : . , . , ..: . v,; -: - f - i . ..... .. .., :, . ... . .-. ,1 I 'St. - n feet above the low water mark. All of " - .. . Camlnetti could not be 'present at the trial, but said thla had nothing to do with Maury I. Dlggs, accused with Camlnot41 of violating the white alave act by taking two girls out of tne state for Immoral purposes. The district 'attorney had little to say about the Western Fuel company, except in an ironical strath. - 'I guess, that Sydney V. Smith (one of the Western Fuel Company men) proved hla' Innocence at Waehlngton," he said sarcastically, "or the attorney raneral would not have decided to postpone actjon indefinitely." Investigators Support XcJTab. Clayton Harrington, federal Investi gator for the department of justice, who helped to prepare the evidence in tne Dlggs-Camlnettl and Western Fuel cases, is strongly supporting the action of United States District Attorney John U McNab In tendering hla resignation to President Wilson because he had beeg ordered from Washington to postpone action in these caaea. Harrington sent a long telegram to President Wilson calling upon the chief executive to remove Attorney-General McReynolds. His telegram conoludest "Aa a citizen of California, I appeal to you,, on behalf of every mother, every father, every decent man and woman In our atate, to remove thla unworthy of It Hardly To Apologize But simply to place the truth before people and let them act as they see fit. a That easily explains the cause of many a coffee drinker's disturbance, of heart, stomach, liver and nerves. It's a good idea when the body begins to show disturbances, to quit coffee and use i7tV YTft A Y7 ' This pure food-drink, sold by grocers everywhere, is warranted pure and absolutely' free from the coffee drug, caffeine. It feeds and nourishes where coffee destroys the tissues. Instant Postum is made of prime wheat and the juice of sugar-cane, roasted and blended to produce a flavor much resembling high-gra4& Java. v ' , ' A level teaspoonful of Instant Postum in an ordinary cup of hot water dissolves instant ly, and makes it right for most persons. ' ,. ... . .... . A big cup requirp'more and some people who like strong things put in a heaping spoon'--' - ful and temper it with a large supply of cream. JeTiment until you know the amount that pleases your palate arid have it served that way in the future. ' - Regular Postum (must be boiled). ' Instant Postum doesn't require boiling, but is prepared instantly by stirring a level tea spoonful in "a cup of hot water. ' , "There's IT nd of lafand under water to the flnt Island last week before the river began the islands with the exception of a : .- , ,- ficer from the office which he has dis graced." - Harrington has been prominent In the prosecution of whlte'slavery cases and In efforts to stamp out the social evil. El AI1I1IN (Cnlted Preaa La'aiad Wire.) Washington, June 23. To stimulate rifle ahootlng among ctvlliane, a bill authorising the. war department to dis tribute 100,000 Krag-Jorgensen rifles, discarded a few years ago -by the reg ular infantry, will soon be Introduced In the house by Representative Julius Kahn of California, chairman of tho national defense league.. The arm a, which are In flrat class condition, will be Issued to oluba already organised or to be formed by citizens, if the bill be comes a law. Kahn declared that 100,000 civilian rifleman would be the best-rrticleus for a volunteer army to maet any auddan war emergency. Seems cm a Reason" for DISCARD D KRAGS TO I rifleman would be the best-rucleus for I a volunteer army to maet any auddan I l war emergency. Our For brancbei of tha trees. .' to .recede. When the picture was taken, comparatively high promontory on the j . , ''' .! BITTEN BY MAD DOG MAKES READY TO DIE (Cnlttd Press Utsed Wire.! . Chicago, June 18. Calmly anticipate lng death from rabies, John Haeder- kampf, a bookaeeper, haa made Ma will, disposing of his property and gave ordera aa to hla Rnerai.- Haederkampf waa bitten five daye ago by a dog which he had befriended. Tho dog waa taken to a laboratory for an examination for rabies, but died from the disease before tha examina tion oould be made. Haederkampf was bitten tlve days the paateur treatment at the hospital and waa told that there la no hope for hla recovery. Ha la still rational Weaton Rechef JSharon, Fa. (Onlted Press Letatd Wlre.1 Sharon. Pa.. June 28. Edward Parson Weston, tne septuagenarian pedestrian, who la walking from New York to.Mln neapolla, arrived here today. He el ects to reach Warren, Ohio, tonight POSTUM Business COFFEE POSTtJl E A S T . JLWJ aal tj) li Rock Island Lines . . - " re-. " j ; . ' . ' " ' MAY 28 TO SEPTEMBER 30, INCLUSIVE RETURN LIMIT 1 The Route of the DE LUXE ROCKY MOUNTAIN LIMITED By purchasing your ticket at our office you have your choice of. any line out of Portland. Special attention to women and children traveling alone. Tickets, Reservations, Information,' etc, M. Jt GEARY, General Agent Put. Dept 264 Stark St., Portland, Oregon. Phones . Main 334, A-2666 Very Attractive Every Day from This ROUND TRIP VARES TO CHICAGO ,$72J0 ST. JOSEPH $80.00 ST. LOUIS ........ 70.00 SIOUX CITY ...... 60.00 KANSAS CITY 60.00 60.00 OMAHA Also to many important eastern citiei; good all summer with stopover ind diverse route privileges. A Broad Choice of Routes You generally expect , to include in your eastern trip 'a number of the big cities in the middle west. It is desirable to be ticketed via a railroad that reaches the greatest number of them. BURLINGTON TRAINS RUN BETWEEN Minneapolis, St Paul and Chicago Minneapolis, St Paul and St Louis Billings, Denver and Omaha Billings, Kansas City and St Louis Denver, Omaha and Chicago Denver, St Joseph and St Louis Through tickets via Billings are honored over the direct line or via Denver to the East. The map in our red folder will show how a through ticket over the Burlington will include many of these cities. .' Tha Initial arn er tha tuiaaral(aa wUI ha alaa to paint ent tha atopavar and dlrarat rout prlvllaraa poaaihla to boldara of BorUnftoa tiokata, or U yonll tU ma whart rou vast to ro, TU at glad to baly 70a plaa roar trip. ROUND TRIP EXCURSION TICKETS TO THE EAST 1 ,rW t i t M .Li ON SALS M2 v.: i mm . j ' ' r" . . -5 - A.- D.-CH 255 OCTOBER 31, 1913 Low Rates Last Date to September 30th - DENVER 03.00 -ROCK ISLAND .... 70.00 Denver and Kansas City 1 Kansas City and St Louis Kansas City and Chicago Omaha and Kansas City Omaha and Chicago Omaha and St Louis "Them's Comfort for YOU on the C. B. & Q." nPr) DAILY Stopovers given and long time limit CHICAGO In 72 hour from Portland. Two Daily Through Trains Equipment the finest. Dining Service so' excellent you will contribute your praise, and you' will appreciate those Great Big Baked Potatoes. June.15 to September 15 Yellowstone National Park Is open ia all its grandness. The only Gey ser Land. Visit this Wonderland via Gar diner, the original and Northern gateway,, and ' Mammoth Hot Springs. . Call or write for Information and litera ture on the-Park. A RLTON,-ArOrPT Ar Morrison St, Portland.