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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Jan. 27, 1916)
13 iTTrtnnni nrurnii Tf ruiunnuumtnHuu REPRESENT STATE IN - THE PUBLIC UND CASE At Request of Governor Will File Brief in Utah Com pany Action. FUNDAMENTALS AT ISSUE The Crowning Glory f Portland's Most Successful Akito Show Qn.rtlon of Common Wealth's Sovertra Klg-hta to Water Powtr JUsources Concerned la Utltfatioa. THE OREGON- DAILY JOURNAL, PORTLAND,' THURSDA; ', JANUARY 27, 1916. Salern, Or Jan. 27. Attorney Gen eral Brown has announced that be will file a brief in the case of Bearer River Power company of Utah, against the United Spates, thereby complying with a request of Governor Withy combe. The case originated in Utah and it Involve Important power ques tions affecting the public land state. Tlie power company forwarded to Brown 3, suggested brief for the cae. ."The brief will outline the law as this office understands it." said At torney General Brown, when asked . whether he would take the side of the "power company in the controversy, lie also said that when his brief is finished it will speak for itself. Brown will appear in behalf of the elate as amicus curiae or friend of the court. Fundamentals Are Concerned. "In these cases there are presented certain fundamental tiuestions of con stitutional law affecting the sovereign rights of the state of I'tah and neces sarily and to the same degree the sov ereign rights of each of the so-called public laiid states, including the state fOt (5regon," s;iya the governor in hla letter to Hrown. "The proper solution Of the issues presented upon these ap peals Im of direct Interest to each of the puhlle land states, and in the hope , that the state of Oregon may be of assistance in 'reaching such Just and "Proper solution I have requested jou, a attorney sener;il of the state, to apply for permission to file a brief as amicus curiae In behalf of the ttate of Oregon." The governor says that the appeal in the Itah case presents, as he un derstands it, the "broad question of the right of the Inited States to exer cise governmental or police powers in .the public land states, by virtue of Its ownership uf land therein not used or repaired for governmental purposes. lul held in a proprietaVy capacity and the right of the Inited Slates by its -.-utile officials, to de, ide and de termine the manner n.l conditions uiKin which Mate waters shall be utii lzedynl developed, and in particular the manner and condition under whi.-n the right to the use of flowing water in said public land states shall be .-PPtltd to public uses, or to prevent LUh utilization entirely." Other Qnestiona Raised. Continuing the governor sa.vs thes re among the questions raised: f "The right of the United States to . levy and collect a tax upon water rights In the public land states, or upon the use of such water rights for beneficial use as recognized under the iawe-xf the several puWlo land states; nie rigm or the Lnited States to exer cise a supervisory control over the de velopment and application of the waters of the states to uses recognised b public uses under the lawa of such states, and the terms and conditions upon which such beneficial uses shall be administered by the persons or cor IKrations developing the tame under the laws of the states." The governor refers to senate Joint memorial No. , passed by the last legislature, relating to the subject, yuoting It In full, and fays further: "I would also call your attention lo the resolutions adopted at the western states water power conference with the affirmative vote of the delegates appointed by the legislature of the state of Oregon, which are already in your possession. "Also in this connection reference may properly be made to the speeches In congress o'f Representative C. N. McArthur of the Third congressional district of Oregon on the so called Ferris bill, on January S. 1916, and of Congressman N. J. Sinnott of the Sec ond congressional district on Januar . 1916, on the Fame bill, Jn both of which speeches the legal rights of tha . atate of Oregon upon the various legal and constitutional questions above mentioned were decisively asserted, ravora Stat Jairht. t "The state of Oregon by Its legisla ture and its other chosen representa tives has clearly and decisively as serted Itself on these Issues in favor of asserting the sovereign rights of the state of Oregon at all times where these issues are under consideration Jn these circumstances it seems to me proper and fitting that I should take steps to see that the state of Oregon assert Its rlphts upon this occasion wherein for the first time these Issues are to be clearly presented to the su preme court of the Vnited States for their final determination by that body. "I therefore request that you giv this matter your prompt consideration, to the end that the interests of the state of Oregon may be adequately represented before the supreme court" Desertion Is C'liarged. Salem. Or.. Jan. 17. Mabel Banick has filed suit for a divorce against Albert Banick, alleging that the defendant deserted her about January 5. 1915. end has failed to support her. They were married April o. 1914, and have one son. Siewart Left Estate to Family. Salem. Or.. Jan. 27. His widow, sons and daughters are the heirs of Daniel A. Stewart, whose will dispos ing of J1230 of real and. 115.950 of personal property was filed in the county court. . Loses His Whiskey; Pays Pine. Salem. Or., Jan. 27. E. J. Martin, -who was arreated in a rooming house 'on a charge of disorderly conduct, paid a fine of $15 and five gallons of whiskey found in hia room were confiscated by the police. To Give PUy for Poor. 1 Salem, Or.. Jan. 27. Local talent win stage "The Fortune Hunter at ,the Grand theatre February 3 and 4. ?the profits to be devoted to the relief ;or the worthy poor of Salem, The entertainment will be nnder the .auspices of the Salem Social Center. Lytle Goes to San Diego. , i Salem. Or, Jan. J7. State Veteri narian Lytle. accompanied , by his i Vwlf. 19 Pn bis way to San Dlero. - CaL. where he will ek i;irem an attack: of the grip. His con dltlon caused alarm for awhile but. he - has been considerably improved i f of. lata, 1 ARRIVED TODAY A Scientifically Constructed Light-Weight Car pjajasjiiM jl- mJn " ffl 1 . i MJ v r ivfe - - m$ alSlillsal 1 Annoonciini a New Automobile LET us say in the beginning that only the facts about this new car will be published, for it is against our policy to allow any announcement to smack of sensationalism. We make fhe claim that this new car fully equipped will ride witli comfor, iind safety and handle with extraordinary case over ordinary highways at from fifty to fifty-five mjles an hour. that it will easily do sixty-five miles an hour. e that it will accelerate from ten to fifty miles an hour it less than eighteen seconds on any hard, level road. that it weighs only three thousand five hundred and forty pounds, although of seven - passenger capacity, and one hundred and thirty-six inch wheel base, completely equipped with spare wheel and tire, with gasoline, oil, and water compartments filled, and fujf complement of tools. These are demonstrable facts. Unprejudiced men have seen them demonstrated. Then is the Marmon the new motor car that will sooner or later take the better-class motor car buy ers by storm ? We firmly believe the answer is in the affirmative and that you will be willing to so answer that ques tion just as soon as you have tried this unusual car. For here is a motor car that is as beautiful as it is efficient. We will state without hesitancy, and we are conserv ative, that no car in the world is built better. This model has been two years in development with fourteen years of successful motor car building ex perience back of it, plus a -manufacturing experience that dates from 1 85 1 . The Marmon 34 is a car of remarkable power, per ,fect balance, light weight, extremely easy to handle, refined in every detail, of beautiful design and strik " ing individuality in short, the finished car. We invite the motor-car public to keep our every statement in mind and examine the Marmon car. Prices, $2700 for the three, four and five-passenger models and $2750 for the seven-passenger model f. o. b. Indianapolis. Nortlhiwestt Auto Coinmpamiy: Broadway at Couch Street, Portland. Or. F. W. VOGLER, President C. M. MENZIES, Sales Manager