The Oregon daily journal. (Portland, Or.) 1902-1972, October 12, 1914, Image 9

The Oregon daily journal., October 12, 1914, Page 9, Image 9

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Newspaper Page TextTHE OREGON DAIDY JOURNAL, PORTLAND, MONDAY EVENING, OCTOBER 12, 1914. 0 COVER T REPLIES TO THESE GIRLS AND OTHERS PARTICIPATE IN COLUMBUS DAY PARADE MULKEY'S QUERIES ON 1ELANDS MEASURE Public- Easement Denied Where Structures Exist or MaytBe Built Hereafter, WRITER FEARS CONFLICT Says Govsramsnt Cut Socks Bull tad Stop Snoraowasr Txom. Build ing, Without TjUig for Kifht. Portland, Oct. 12. To tK Editor of Ths, Journal Mr. Mulkey, in your is U6 of October 7, submitted to me three questions, which I herewith an swer: I doubt if the voting; public is in terested in this technical discussion of waterfront law, but will submit these answers upon the assumption that as you gave apace to the letter embodying the questions, you will b willing to accord me - space for their answers. First What kind of an ownership does, the owner, of shore land on the Willamette river at Portland have to such shore land, an absolute or a qual ified ownership? Answer Absolute, to low water mark, subject only to the public's right of navigation, -when the water is high enough over it for this purpose. But this public easement cannot be t ex ercised where structures already exist, or may hereafter be built., e. g. The Allen & Lewis store, the Esmond "ho tel or Portland Flouring mills cannot be removed, so that a boat may pass unimpeded over this space, when the water is at a high stage. ays State Cant Charge Beat. Between the low water mark and the harbor line it Is qualified. Qualified In the sense that the title of the bed Is In the state, in trust for the public for the purposes of navigation and commerce. But this public trust does not, and will not include the right to demand and collect rent for its use by the shore owner. But the shore owner has a riparian right lft and over this foreshore. This includes right of ac cess to navigation line, for which pur pone he may erect docks or wharves, so long as they do not interfere with navigation, but are in aid thereof. And in my Judgment the state cannot charge rental for the exercise of this right. Second Has the government of the United States for any purpose ever cut -off the right of access to navigable water of a shore owner an upland owner without compensation? Answer In Oregon no upland owner above ordinary high water mark has any property, right of access to navi gable water, he therefore would not b entitled to compensation, whetMer the frontage was taken by the United States, or by anyone, but the United States has a right to erect In ! the water in front of the shore owner to low water mark, but not contiguous thereto, a lighthouse. Jetty, breakwa ter or pier, when this is done merely 4 s W" ' . i r '. ' ' '- ''5; ', , , ' " '..,' 'r. .v ' ' ',2. Vvt ;JZXm& "r, , iff vZs fi '- . ii .... . . K , .... V III -!' during tbe services ' hi the cathedral, and Mr. Goodrich led the children's singing. Members of the drill team , of St. Francis court. No. 1103, Catho lic Order of Foresters, marshaled tne children on their march and supervised the task of seating the great number. The Portland Council of Knights of Columbus will hold public memorial exercises tonight at the Lincoln high i school and not Friday night, as has Deen announced. Domjnie caiuerate will preside and X. Soils Cohen will deliver the principal address. for the Improvement of navigation, and in such case such shore owner is not entitled to compensation. Must Aid navigation. Scranton vs. Wheeler, 179 U. S. 141. Third Has the government of the United States, for the purpose of com merce and navigation, ever invaded, without compensation being made, and by physical occupation an ouster of possession, shore land held in private ownership? If so, has the supreme court of the United States held such an Invasion without compensation and for com merce and navigation to be a lawful exercise of governmental power or an act of confiscation? Answei Not above low water mark where the state has vested the title thereto in a private owner, as Oregon has. Between low water mark and the harbor line,' see last answer and case above mentioned. The usa to which the government must put this, however, must bo strictly in aid of navigation. It could not go into the dock or wharf business, and thus pre vent a shore owner from building ' a dock himself, without compensation for the rights thus taken. Shore Owner's Bight. The owner of the shore on the Wil lamette river to low. water mark Is a riparian proprietor. His right to the use of the waterfront for docks is property., of which the owner can not be deprived without due compen sation. Yates vs. Milwaukee, 10th Wallace 497. In my Judgment, although this has never been directly decided by our supreme court, this riparian right gives the shore owner the exclusive privilege of erecting docks and wharves to the harbor line, and cannot be taken away without due compensa tion, urtlens it Is done for the purpose of widening the channel; in other words, moving the harbor line nearer to his shore line, or for some of the other purposes strictly in aid of navi gation, above mentioned. This principle was recognised in the case of Illinois Central Railroad com pany vs. Illinois, 146 U. S., page 387, wherein suit was brought by the state of Illinois against the railroad com pany to recover almost the entire wa terfront area on Lake Michigan ad jacent to Chicago, to which company a grant had formerly been made by the Illinois legislature and later repealed. Here let It be noted the repeal cov ered submerged land and not the shore down to low water mark. Conflict Is reared. The company was permitted to re tain docks constructed in front of their shore land out to the harbor line, but no farther, that portion of the docks running beyond the harbor line being abated. This was held to be a proper exercise of this riparian right, but, the company lost their title to the lands under the water, which the company claimed extended, by the terms of the grant, over one mile out into the lake, and far beyond the har bor line. It was held that the title to this bed of tbe harbor was inalien ably in the state. The conclusion then, is Irresistible, that on the Willamette river, if the state assumes title to ordinary high water mark, there will be a conflict between the owners claiming fee to low water mark with the riparian right Incident thereto, and the claim of own ership in the state under the Jacksoh Mulkey amendment. E. E. COO VERT. CHILDREN HEAR STORY OF TRIP . OF DISCOVERY Klamath Firemen Have a Close Call Bunding and Stock of Parmers' Imple ment and Supply Hons Damaged; Part of Insurance Had Just Iiapsed. Klamath Falls. Or.. Oct 12. Fire of unknown origin damaged the build ing and stock of the Farmers' Imple ment and Supply House yesterday morning. The loss was 125,000. Four teen thousand dollars Insurance is in force, and a few days ago $4000 in surance had been allowed to lapse. The lives of several firemen were imperiled when the collapse of a por tion of the roof made the second floor break through. All escaped serious injury. CONSTRUCTION WORK ON POSTOFFICE WILL BEGIN IN EBRUARY Bids Will Be Advertised for New Million Dollar Struc ture by December 15, Bids for the construction of Port land's 31, 000000 postoffice building will be advertised for by recember 15, and it Is expected actual construc tion work on the building will be be gun by the first of next February, Is the news brought from Washington by Postmaster V. C. Myers. Postmaster Myers went to Wash ington to confer with officals of ths treasury and postoffice departments regarding various features of the plans for the proposed " building, and as a resulf changes have been made In the plans which will add materially to the convenience of the building. In conference with the building com mittee of the postoffios department, Mr. Myers says it was found that sev eral important changes ware neces sary in the plans, particularly in re gard to suitable room in which to re ceive' parcels post packages and sell stamps to parcels post patrons. Changes were allowed for room so that patrons who desired to have parcels post packages weighed and rated would not have to again stand In line at the stamp window to purchasw nec essary stamps. The clerks receiving parcels post packages will also sell stamps, which will expedite the busi ness in the lobby of the building. "The postoffice building committee had not taken full consideration of the rapid gTowth of our postal savings bank, which now bas over 11.000.000 In deposits and 7300 depositors." said Mr. Myers, "and additional space had to be provided to take care of this grow ing branch. An insert in the lobby with writing desks was provided for the patrons of the postal savings sys tem." , Mr. Myers said that as soon as Jhese corrections can be made and approved, the plans will be forwarded to the architect selected. "The postoffice department Is well pleased with the office type of build ing, which was secured through the influence of Senator "Lane," said Mr. Myers. -This type will save the gov , ernment about $125 a day in rents uy providing accommodation, for all the different branches of tbe government service now paying rent ta this city. - "The opinion was freely expressed by department officials that hence forth no other type of building will be constructed by the government." - Kngene Rdr fop Clobbers Eugene. Or., Oct IS. Delegates t the fourteenth annual convention of the Oregon Federation of Women's Clubs began to arrive last night for the opening session, which will 'ba held in tbe . Commercial club rooms tonight. This will be In thi nature of a public reception, at which Mayor Toran and heads of various organizations of ths city, will deliver addresses of welcome and prominent women of the state will respond. About ISO delegates ara ex pected to attend the session. They will b entertained by the members of the Fortnightly club, th woman's or ganization of this city. Chautauqua Debts Dae. Hood River, Or., Oct.. 1 J. An amass ment company of Portland will hold s carnival In Hood River this week. Th committee's percentage of the proceeds of the show will be used for the llqut-- rdation of the balance due and owing by the ChauTauqua committee that went about $1200 behind In the Chau tauqua held two years ago la tha tipper valley. s (Continued from Page One.) proved the greatest blessing of the race," declared Father Chapaton. Draws. Two lessons. "There are two lessons worth draw ing from the life of Columbus. He was a navigator and you. too, are navigators of the sea o life. He was a great man of a gre-itness that led to the jealonsies and assaults of the scientists and men of power of his time. Tou should remember that the spirit of being great triumphs over the jealousy of others." Father Chapaton declared It fitting that the Catholic people of America should celebrate the anniversary of the landing: of the first white man, because Columbus planted the cross on the sands of San Salvador and took posses sion in the name of the king and Queen of Spain. Catholic monarchs. who had sent him in the hope of adding the j realms to the Spanish dominion and bringing new peoples under the cross. Hem arks Directed to Children. In his opening remarks the speaker declared he would speak directly to the children. Just as if bo one else were present. In fancy, he said, he would take them all to Spain, where they could see the earnest Columbus, ac companied by his small son, Diego, start from Madrid to Granada to ask the royal pair for help in finding the new route to China. King Ferdinand, having battle wor ries to distract his mind, dismissed the sailor, who, discouraged, set out for prance to secure aid there. Stop ping for shelter at a Dominican mon astery, he unfolded his plan to the prior. Father Juan Perez, who saw the genius in Columbus' plan and inter ceded with Queen Isabella. Thus the expedition was financed and on August 3. 1492, the three caravels set sail from Palos, arriving early in the morn ing of October 12 at an unknown shore. Bothing Marred Voyag'e. Despite the varying tales of romance and. incorrect his'tory that mutiny had to be overcome by the mariner, Father Chapaton declared nothing of this sort was true that no mishap marred the voyage, and that the crew, though possibly discouraged by 'the long trip, in no case proved refractory. The clergyman's message was deliv ered simply and with few embellish ments, that the children might appre ciate the lesson. No wonder, he said, is Columbus entitled to honors higher than the heroes of war, when his work was all for the benefit of mankind and the perpetuation of peace. He classed the explorer with the great builders, the gTeat painters, the great musicians. All the popes, he said, have been great men not because they were warriors, for they were not, but because they have constantly - striven for peace throughout the world. Father Dominic, rector of Mount 1 Angel church, presided at the organ sg r r tPWvK t -? wx, s rSf v: - -- 'fllW''iWSSSBM 111 "" .' "1 tmmmmmmi -"WEFT iSaL.- -Jm ,Js4S- frAU v.v.X'Kw.xwXwiv.v.NV-ra r.-.v-::-.v.v.x-;v.'.v m IXv..v.v4 tii F.'jr siL'X-Xv.v.jsy m. i fi f MSr lxx$xmxW go ton Ut3 Vr W XT IS Real Is V y si H si U sa coDacco tnat works both ways ! ssBbSbbbbbbBbVsBbVsBBBbbbbbbbB YOU just can't get in wrong with Prince Albert, no matter how you hook it up. Because its as bang up in a makin's cigarette as packed into a jimmy pipe! For yours, it's the fragrance and flavor that tickles ej . . t your smoKappetite so: to P. A. morninff. noon and nizht ! 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T 1 K.J::x:xx:x:xx-w:K5 iXXv: x:fW :c-g5Z I a & VlfxX'X"X'X:i t'.f w.x-xxX. f" tn rfto-i X J':-- iff .. i ''t m i 'v w, a a i"T. a - .... y w I - - H.v..,..,...,.,..-..... .. r7i - MUSIC ROOM EASTERN OREGON STATE NORMAL SCHOOL. BE JUST TO EASTERN OREGON Although embracing about two-thirds of the state's area, Eastern Oregon now has nof&jSate school of any uiaraticr. neMure 10 n inc. tasiern Oregon state iNormai bcnooi Dy voting YESlf Cast your ballots for the cause of education, for the betterment of the public school Sfsm, for the better training of Oregon's young men and women who wish to become teachers. It will add biit$ feather's weight to the burden of your taxes. jcp ONE FORTIETH OF A MILL 4 - or two and one-half cents annually on every thousand dollars assessed valuation, as proofed in the mfllage tax bill referred to the people by the Legislative Assembly, will restore to the state's use Se Eastern Oregon Normal's plant at Weston, consisting of one main building, two dormitories, a presidei$s cottage and 10 acres of ground. I Si Eastern Oregon needs this school. Oregon needs it, and also needs the Southern Oreibn Normal' at Ash land. Three Normal Schools are none too many for this irreat commonwealth. ul Reflect that if you pay taxes on 2000, the permanent and adequate maintenance of the Eastern Oregon iNormai win cost you out tive cents each year. fPald adTertisemeot. avtbsrlsed byF. IX Walts. WllHaxa MacKamle, 8. A. Barnes. EL Q. rM Clark "Wood. WjsStoB, Or.) S IL J IK IKIW: M (L J) K BsnnBII SERVICE TO PUGET SOUND and Grays Harbor Cities is afforded by the Four Splendid Trains of the Oregon-Wasbington Railroad & Navigation Company Steel Flyer Leaves Union Depot 8;30 A. M. (Direct Connection for Grays Harbor Cities) Puget Sound Express 1:45 P. M. SHASTA LFMITED Train de Luxe .". 3:00 P. M. The OWL (Sleepers open 9:30 P. M.) HK P. M. (Through Sleeping-Car Service to Grays Harbor) Similar Service , Returning ILd For schedules, tickets, reservations, etc ask our CITY TICKET OFFICE 3d and Washington Streets Both Phones illlllllllillH Why Drink WATER WMn You Can Get SAiERf mm The Most Popular5 Beverage on the PacificfCoast? ll . . SALEM BEER is brewetpn one of the most mod ern plants os the Pacific fCoast It is aged in steal glass-lined tanks. It is tefnveyed by modem pips line system direct to the fettle bouse, bottlsJ snder pressure and therefore ne5r comes in contact with the air from the time it Kaves the fermenting tank until the botUe is openeiby the consumer. The consumer is absoluely ured a beer of ideal effervescence, snap and pfity. A trial will sorely cora3 nee any one of the ex cellence of Salem BotUeo Beer. - ' The Family Trade of tlrtland Is Supplied by . the Finn of - PENNEY BROS. SIP Telephone: BelL E. 287 Home. B-2426 ' 379 Eat Morriion St. W AN T E D ! CHAIRS TO RECANE School for the Adult Blind 11th and Davis v For particulars call J.F. Meyers, Phone Main M8 Oregon Humane Society 7 Oca4 Ava." fct 0WM as4 r avi. ; . SAT AX9 XXaXT. ' , , RspOit all caaas'sf erostty t ttm ifflei, Xtbal caasaaar tor ssssll sssW sala f2ir assbalasa for alek , s faaisaaw ut