1-:'.
THE " OREGON DAILY JOURNAL, PORTLAN D, THURSDAY EVENING, OCTOBER 8, 1914.
STATE GRANT ONLY
ACTS AS A FRANCHISE,
DR. ZIEGLER'S CLAIM
Public Right of Commercial
iway Is Paramount,
Answer to Coovert.
High)
Says
WHAT "FIND" REALLY IS
Paopl May Vn A.U Am of &Wr Xf
2Tded for Transportation
Without Buytny.
Portland. Or.. Oct. 8. To the Ed
itor of The Journal Mr. Coovert In
yesterday morning's Interview, pub
lished In the Oregonian, makes this
statement:
"Mr. Zlpfi-ler, however. In a recent
letter to The Journal has made a 'find.'
Mr. Mulkey had overlooked It. The
supreme court In the Pacific Milling
company case and the attorneys and
'atnlrUH-curios fallfd to grasp It. That
Is, the grant Of 1876 was repealfd In
1878. Therefore the nhore owners' title
to low-water mark vanished with the
repeal of 1878. If a grant can thus
be repealed, I know of a few Improvi
dent grants made several ypars ago at
low prices which the grantors would
now be extremely anxious to repeal."
Now. this has to do with river beds
nubject to the public fight of high
way, authority over which ttie state can
not abdi:at In every art of the state,
call It a grant or what you will, this
right Is reserved.
Orant Is Merely Franchise.
A grant only acts as a franchise em
bodying the purpose for which itwas
made, when that purpose la not mim
ical to the public right of commercial
h Igh way.
My "find" consists in discovering
that this public right of highway can
not be disposed of to monopolists and
' speculators, by the policy of grants,
vacations and franchises heretofore es
tablished In Portland any more than
one user of the street or sidewalk can
monopolize Its use. If all the area of
the Willamette river Is necdJ for pub
lic t ran.sporLation we may'use it all
without buying it, because of that pub
lic right established in our basic law.
Repeal Was Held Valla.
For this- reason the United States
supreme court In the case of the Illi
nois Central Railroad company vs.
Illinois. 146 U. S. 387, held a similar
repeal of a similar grant to the rail
road company to be valid, Our own
court In the public dock case admits
the; right to repeal In this language:
"After the amendment of 1874 had
thre been a 'Joker' In the act, the
members of the legislature and the
people of the state would have had
two years In which to consider the
dame and retrace their Steps in 1876.
Instead of doing so they reenacted the
measure.
But they did repeal the act specific
ally, by title. In 1878, and the court
makes no mention of that important
fact, which they admitted the legisla
ture might have done.
Important Facts Overlooked.
Tho court admitted a brief which I
filed as amicus curiae (though I am
only a citizen and not a lawyer) but
iney overlooked this as well as other
most. Important pleadings made by the
public's attorneys.
In the Chicago waterfront ease, the
United States court permitted the rail
road's claim upon Its embankment or
track fill and wharf, not because the
legislature had lost power to repeal a
grant of title, but because the public
right did not require the taking away
of these Improvements which were a
public utility, and because the . public
usefulness of the navigable waters in
front remained unimpaired. lako
Michigan Is a larper water than Port
land harbor. The latter cannot suffer
the encroachments upon its shores
which tho former could without im
pairment of its public usefulness.
Bias Warps Judgment.
Put this Is taking the issue into the
region of practical realities and. out
of the domain of legal technicology.
In the view of the lawyer whose
sympathies are with the waterfront
owners the law in Oregon Is like this:
1. Enabling act, pledging Oregon to
maintain "all navigable waters as pub
lic highways forever free, not only to
the citizens of the state oat to other
states and foreign commerce.
"No good abrogated."
2. Wharf act 1862, permitting up
land owners to build wharves out to
deep water.
Revocable for original upland pro
prietors. Irrevocable for intervening
grantees, i. e., revocable for private
beneficiaries but not for the public.
2. Act 1874, claimed to be a quit
claim of all rights of the state down
to low water.
"Good. Irrevocable, too."
4. Repeal of 1878, reasserting public
right,
"Invalid. No good. Dead letter. In
visible."
"Jus publicum," or public trust title
of the state. "A theory, a political
nuisance practical; application to be
evaded by court emasculation.
And so it goes. Law is good accor fl
ing to whose ox is gored, and for the
benefit of those wielding power rather
than for equal distribution of the prin
ciples of economic justice.
J. B. ZIEGLER,
Member of Municipal Commission
on Common Terminals.
OREGON PROJECTS GET
NEARLY TWO MILLION
DOLLARS ALLOTMENT
D'amade, who, summoning reinforce;
ments, repulsed them.
The fighting front had extended to
day 100 miles northward from the
River Aisne to the Belgian frontier.
Reports of a heavy concentration of
German reserves to the eastward of
this boundary were taken as indicat
ing that the kaiser expected the bat
tlefield to move In that direction de
spite all the resistance he could oppose
to the allies' advance.
Germans 1,640,000 Strong1.
The crown prince of Bavaria was
said to be in command of this Belgian
force, his own army having been re
lieved in the Verdun district.
Along the southern fighting front a
line extending 150 miles, from Com
piegne to Pont-a-Mousson, there was
little activity today, except In the
Woevre district, where the French were
gaining slightly.
According to the Bordeaux war of
fice, the kaiser has in France and Bel-
glum at present 23 active and 18 re
serve army corps, besides the lana
webr and landsturm, making a total
of approximately 1,640,000 men.
TERRIFIC SWAT NOW
AWAITING PROPOSED
CITY SALARY RAISES
expense. Then if the supreme court
upholds the law we can go ahead. If
It rules otherwise, we can stop without
expense.
"I want to get this recall off my
chest as soon as possible," Commis
sioner Brewster asserted. "I want to see
the election held this falL On the other
hand, I lon't want to see 225,000, or
any considerable portion of that, spent
for nothing.
Mr. Barbur said that the city now
has $2000 in the treasury for elections,
and this can be drawn on for the small
cost that will now come up, Mr. Ma
son asserted that he was not opposed
to the recall, and would not take excep
tion to small expenditures that may be
made by Mr. Barbur.
Under the recall amendment. It Is
provided that the filing officer of the
city, county or state call the election.
but all other elections are called by
the executive body. Consequently
City Auditor Barbur calls the recall
election. On the same ballot probably
will be placed the proposition to re
duce city water rates, both flat and
measured, to a minimum of 60 cents j
per month, payable quarterly. The
city council, when It meets tomorrow,
is expected to order this question sub
mitted to the voters.
The period for filing recall candi
dates having closed, the list. complete,
in. the order they filed. Is as follows:
To succeed Mayor Albee: B. E. Ken
nedy, real estate dealer, and Eugene
E. Smith, business agent electrical
workers union.
To "succeed Commissioner Dleck: Dr.
George Parrish and H. E. Abry, civil
engineer.
To succeed Commissioner Brewster:
W. A. Leet, attorney. j
The new mayoralty candidate had
no statement to make today.
lTv,w Registration
Record Is Achieved
Figures for Tastaruay Are 435 Man
and 317 Women; Changes la Address
Total 836.
Today and tomorrow the registration
office will close at 5 o'clock In the
afternoon. Saturday,. Monday, Tues
day and Wednesday it will remain
open until 9 o'clock in the eyentng.
Thursday of next week it will close
at 5 o'clock to remain closed until aft
er the election of November S. All
who have not registered this year or
who have moved since they registered
must qualify before next Thursday
afternoon or have their votes sworn
In at the polls. All who have regis
tered since January 1 and who live in
the same place that they did when they
registered need not register again.
Yesterday was banner day for the
present registration rush with 752 reg
istrations, 435 men and 317 women,
bringing the totals to 80,516 in all.
50,499 men and 30,017 women. Changes
of address yesterday numbered 236.
Party totals were: Republicans. 50,
901; Democrats, 18,402; Progressives,
3516; independents, 3261: Prohibition
ists, 3076; Socialists, 1360. Six actual
registration days remain before the
polls close October 15.
Llarsoni Denied
1 Right to Reopen
United 8ta tee Court Dismisses Appli
cation ' for Injunction Restraining"
Government From Closing Station,
New iErk. Oct. 8. The application
of the j: fcjarcon! "Wireless Telegraph.
company ifor an Injunction to prevent
the government from keeping closed
the wrelss stations at Siaseonset,
Mass.. :'afid Seagate. -N . Y.. was aw
missed :by the United States district
court here? today, the court ruling that
it hadiinoi Jurisdiction in the matter.
JourphfciWant Ads bring results.
(Continued From Page One.)
to keep the river inside the regular
channel. The Coquill broke through
Its banks during the freshets last
winter, cutting th completed Jetty off
and causing a great deal of damage.
Some inside dredging will be done also
on tills appropriation.
Work at the Siuslaw Jetty will be
dropped during the coming winter, the
$5000 made available being necessary
for maintenance of work already com
pleted.
The work on the upper Columbia and
Snake rivers being, prosecuted by the
snag and rock blasting boats Asotin
and Wallula will go on, $15,000 having
been given the second district for this
work.
Allotments made for work in Califor
nla includes Los Angeles harbor, $42,'
ooo; uakland harbor, 198,000; Hum
boldt harbor and bay, $200,000; Sacra
mento and Feather rivers (work of the
California Debris commission), $60,000.
1 he largest allotment Is $3,750,000 for
the Mississippi River commission.
(Continued From Page One.)
I WO
.Emporium Off
. :ITTti! J
BRITISH EXPEDITION IS
RUSHED TO ANTWERP
TO HELP DEFENDERS
reaus, however. Employes of the
health bureau alone are asking for
raises which will total $6280. City
Health Officer Marcellus, at Mayor
Albee's request, is seeking an increase
of $1800 a year. He is now receiving
$3000 a year and asks for $4800 a
year for 1915. The budget provides
that the salary of Mayor Albee s sec
retary be increased from $160 to $190
a month.
Estimates being made by Commis
sioner Daly show that under the ef
ficiency system salary increases in
five years will amount to about $1,
000,000, figuring at the rate of $200,
000 increase each year. These figures
are mere estimates, however. It being
impossible to get accurate figures ow
ing to the fact that not all of the bud
gets have, been completed In their
tentative form.
It is said that Commissioner Bigelow
Is now having an ordinance drafted
for submission to the. city council
which, if adopted, will abolish the ef
ficiency code and prevent the large in
crease in the city's payroll.
AUDITOR WILL
ORDER RECALL
ELECTION HELD
(Continued From Page One.)
they were much more numerous in its
vicinity than had been supposed, es
timates placing them at 250,000 at
least.
"While the siege progressed German
aviators were terrorizing the Ant
werpers. A score of non-combatants
were said to have been killed by aerial
bombs. Zeppelins were understood to
be also near the German front, ready
for ascent at a moment's notice.
Conflicting stories were told con
cerning King Albert. One account was
that he remained In Antwerp; another
was that he had gone by steamship
to Ostend, taking great quantities of
art treasures with him.
The war office here Insisted that
the situation In northern France Is
excellent and that the German offen
sive is waning.
HORSEMEN ARE
HOLDING STAGE
IN HUGE BATTLE
(Continued From Page One.)
(Continued from Page One.)
Vosges. there has bfeen no change.
"In the eastern war theatre, the
Russian offensive against the East
Prussian frontier continues. Sharp
fighting Is in progress on the frontier
west of SuwaJki."
The kaiser's troops were striking
with all their strength and if it had
not been for the .British aviators, it
was owned that their flanking move
ment against the allies would have
succeeded. Their movements were re
ported by these airmen to General
you contemplate a special election on
or about October 1:7 in connection with
the recall of the mayor and two com
missioners. I wish to call your at
tention to the fact that the legality
of the recall Is to be adjudicated in
une supreme court or the state of Ore
gon, the case to be beard on Satur
day, the 10th of October.
Lpon advice of counsel, I believe
that a recall election held at this
time would be Illegal, and I am ad
vised it would cost something like
$25,000, and should you expend this
money in connection with that, I will
hold you, the commissioners and their
bondsmen personally responsible in
case this recall is declared illegal and
ttie money consequently being improp
erly spent. GEORGE MASON.
! Roche Advises Deliberation.
At the meeting of the commission
ers this morning all agreed that the
election should be put through as soon
as possible, but City Attorney La
Roche advised the council to go slow
on making any expenditure until after
the supreme court rules.
He will go to Salem Saturday, when
the arguments in the Columbia county
case are made, and will urge the
court to make a ruling within a few
days-. He hopes to be able to persuade
tho court that an emergency exists,
and to have an opinion handed down
next Tuesday or Wednesday.
This will leave City Auditor Barbur
10 or 12 days to complete plans for
the election. What arrangements pos
sible, without expense, will, be made
at once, such as the notification of
Judges and clerks, the preparing of
the ballots for printing, and arranging
for polling places, but no money, will
be paid over until after the court
ruling.
"I would advise going ahead with
such plans for the election," counseled
Mr. La Roche, "as Will not create any
Strategy Captures -2000
Black Velvet Hats!
When war broke out we knew
velvet was bound to greatly
increase in price! So we
placed our order for these
2000 Black Velvet Hats for
October delivery. Tomorrow
they go on sale the jauntiest,
finest velvet Hats offered any
where this season for less than
$3, $4 and $5. Over a hun
dred shapes Large flat sail
orsmedium sailors, with soft
or stiff crowns Tricornes and
small close-fitting Hats. Not
cheap, ordinary velvet but fine
silk velvet. Friday and Satur
day they go on sale
$1.98
and 2000 New
Trimmed Hats
$5.00
In all
our ex
perience, we've
sver
been able
to offer
such smart, dressy Hats for this moderate price.
No matter what you
pay for your Hats,
come and see these
at the Emporium
Friday and Saturday
Think of the prettiest, smartest Hats you
ever saw at $8 and $10, then come and ex
pect to find them here Friday and Saturday
for $5!
$5.00
'
This New $25 Redin-
gote Suit $18.45
The manufacturer had just
enough of this splendid navy
serge . to make 20 Redingote
Suits! Exactly like the illus
tration. Typical Redingote
model 48-inch coat, square
cutaway at waistline. , Con
vertible notched collar which
may be buttoned high or
turned back. Newest style
skirt. Coat half lined with
genuine Skinner's satin. Re
member, only 20 of these Suits
they will go in a hurry! A
$25 Suit in every particular,
tomorrow
$ 1 8-J5
Coats at $13,95
Six different model. Jaunty Balmacaans
in tray and brown tweeds. New aatra
kan and bonde Coats in black. Very
specially marked for Friday (1 Q QJ
and Saturday .. e?lJ.3J
$3 Jersey Top
Petticoats $1-98
il I
M it'
W
I
i i
FOR FRIDAY ONLY,
the bet PETTICOAT
BARGAIN we 'have
offered in a year!
Rich ailk Jersey top
with deep pleated sarin fWnce. Every new Fall
shade new Russian
green, emerald, Kaffar
brown, prune, black,
navy, cerise, etc.
Real $3.00 Petticoats
See Big Center Winddw Display Petti
coat Sale Positively Fmday, One Day Only
98
THE GARMENT that is most in demand
the garment that lends an unstudied grace
to every figure the garment pre-eminenf
in the thoughts of every woman today
The Balmacaan
To see the newest Balmacaans in the greatest range of
fabric" and pattern, you must come to this store, for here
is an exhibit that embraces the finest of, American weaves,
Scottish tweeds, plaids and fleeces, Irish homespuns, and
handsome English novelties.
It is a remarkable assemblage of fabrics from the world's
great weaving centers, in the most harmonious blending
of tint and color that we have ever seen.
Tomorow will be Portland's great shopping dag ;
gov must not fail to see this wonderful exhibit.
Nearlg two hundred new garments have arrived
within the last week. Courteous attention, with
no obligation whatever
Balmacaans, $10 to $50
Tailored Suits, $19.50 to $69.50
AH Alterations Free
BANI&RUFT
F RAINCOAT
i! 'i
H. B. Claflin Ok N. Y.
if II
Every reader of a newspaper is faitiiliar with the big
$35,000,000 failure of the H. B Claflin Co. We
were fortunate in securing rbm the receivers
a part of the waterproof garments at a price
far lower than we ourselves, as manufac-
f 'i
hirers, can produce: them. In addition
to the H. B. Claflin Co. Raincoats
we will include several thou
sand of our; own high grade
garments!
The Entire Third Floor Elevator
Sketched yesterday from a living
model, in !our ladies' shop.
BEN SELLING
Morrison
St at 4th
A Shop for Gentlewomen
of the W V
almacaans. If A
$9.00 ( ) )
v v
KSX. Hi
A' s s.s a m
Night XJ Jli rL
.. ' " 'II il' . . - . . ,
343
A
Sam
Idea
Sale Prices
Men's and Women's B
Gabardines. Formerly $15,
now
Men's and Women's Double-Texture fTA
Slii-ons. Formerly $12.00, now.,. pUtlU
Men's and Women's Balmacaans, Gabardines, " O
Tweeds and Cheviots. Formerly $22, now... tj)--"'
Men's and Women's Cravenettes.
$20.00, now
$10.80
Men's and Women's Imported Gabardines, Balmacaans, K
Enriish Slio-ons and Casselton Tweeds. Formerly $25, nowP--J
BMMmbCT our motto I Tour monty'i worth or yonx monay track. Erery
tblnff you tray at tbla as fully g-uaraatd aa if you paid regular prloaa.
Positively no goods charged.
sent C O. D., or on an-'
proval daring this ale.
mm
343
COMPANY
Open
Saturday
Until Ten o'Clock
WASHINGTON STREET ONE DOOR WEST OF BROAP$VAY