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

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Public- Easement Denied
Where Structures Exist or
MaytBe Built Hereafter,
Says Govsramsnt Cut
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
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
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
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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
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
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.
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
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
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Prince Albert, no matter how
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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 ! It won't bite vour
tongue of any other man's, because the bite's cut out by
a paienxea process x au you do is tire up ! And you
geryuurs, cneer-up uite, Decause r. a. won't even
make your tongue tingle ! And that's a fact.
the national joy smoke
flavor and fragrance gets going right into your systemand you
just want new supplies right along. Stop kidding yourself on
. veil i npvprcrpr .
next to how delightful tobacco really can be till you fire up
some P. A. via a jimmy pipe or a makin's cigarette. Why, 4. '
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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
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
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.)
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
For schedules, tickets, reservations, etc
ask our
3d and Washington Streets
Both Phones
Why Drink WATER WMn You Can Get
SAiERf mm
The Most Popular5 Beverage on the
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 -
Telephone: BelL E. 287
Home. B-2426 '
379 Eat Morriion St.
W AN T E D !
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
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