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
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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.