The Oregon daily journal., May 14, 1916, Page 6, Image 6

-.V - -
. .v f.'
THE OREGQN SUNDAY JOURNAL, PORTLAND, I SUNDAY MORNING, MAY'14, 1916.
JTO RACER AND HIS
MECHANICIAN KILLED
AT SHEEPSHEAD BAY
3arl timberg and Arthur Pal-
otti .Thrown From Car
WHen-It Hft Iron Post. - -
-VIFE'OF RACER PRESENT
rraglo Ssata.of Husband Completely
Unnerved Msrj Eddie Blekn
aImIw Worn Race.
Nsw YoriC May II. (U. P.) Carl
'.lmberg, automobile race driver, and
rthur Palottl, his mechanician, were
"urled through spacs to death at tha
heepshead Hay speedway thla after
ton in one of tha mut sensational ic
;ldents of tha automobile racing: game.
Tha men were in tha thirteenth mile
if tha Metropolitan trophy ISO mile
ace and were in a bruah with ltarlo
testa, ths "speed king-."
"Hurtling into tha, third turn at more
han 100 miles an hour, Limber drov4
ila ear too cloaa to the high rim of
ha aauoer.
Kit Q round XOO reet Away.
It hit an iron rail post. The two
tceupants shot skyward and, moving
n tha Una of a swiftly thrown ba.l,
lit the ground 10 feet below and 1)0
et away and out of the speedway
enclosure. The tenantleas car twist 1
igatnst tha rim, struck another pu',
iroka into two parts, and each burt
ng into flame, rolled down across trie
iteep track and onto the infield.
Llmberg's death was instantaneous,
falottl died as he was being taken to
i hospital in an ambulance.
Kddl Rlckenbacher, in the Maxwell,
Irlving a ateady race, won in the dls
ippotntingly alow time of 1:38:31. Th
rack and world's record Is one hour,
!7 minutes, 10 seconds.
Aiken Broke-30 Mile Beoord.
Rlckanbacher's rate per hour was
1 8.21 miles.
Jules Devlnge, team-mate of Llm
erg, was second, 1:36:11.
Vail In a Hudson wasOhlrd, 1:31.19
J. Devlin, Duesenberg, tourth; Wat
ion, J. J. R. Special, fifth, and Georie
Mains in an Adams Special, sixth.
Mrs. Limberg, pretty , wife of the
lartrig racer, occupied a prominent po
rtion in the grandstand. Tha tragic
lesth ' of her husband completely un
lerved her and she Joined in the ex
ited cries of the bystanders who
shrieked advice to the track officials.
Staff physicians ' of the hospital
itated that Llmberg's skull had been
fractured' and almost every bone in
lis body broken. Palottl suffered a
Broken neck and several fractured ribs.
Jack ' IvOcaln, an automobile driver,
rushed Mrs, Limberg to the hospltai
In. ths wake of the ambulance. ana
collapsed at the aide of her husband.
Kemble Cup Race Postponed.
News, of the fatality was kept from
the drivers. Resta and Ievlne from
their 'pits asked after Limberg ana
hla Companion. They, were told that
both .had escaped , with, alight injur
ies, hastily they ..climbed back Into
their amta and rosutried tha mad whin
about the oval. ,
Limbers gained fame as a bicycle
rider "betore he entered the ranks of
motorists.1 'Iffts experience had been
chletlyen ' earth . tracks In the west.
! Both -JJmbprg sod Palotti ware 35
years of age. They were known as
two Of th most daring- motorists in
America, "
' John Aiken took the 20 mile event
!n tha world record time of 11 minutes,
IS seconds, his milea per hour balra
108.64. NThe best previous mark was
ll:24,
Ralph Mulford in a Peugeot won the
50 mile eventat.th rate of 104.34
nllea per hour.
Because of the accident the Kemble
Cup race, whtoh was to have been for
tha non winners, was postponed until
the Astir .Cup race In November.
WATER POWER TRUST
SERVED BY ARTHUR,
ASSERTS LITTLEFIELD
i - "-(Oontloned from- P On)
the defendant company from getting
into the competitive field for a period
of about alx weeks, at which time an
order was made, dissolving the injunc
tion and thereafter the Hydro-electric
company delivered ita power and en
tered the field against the Paolflc
rower gnd Light company.
"The-Pacific Power and Light com
pany ownp the White River power plant
in Wasco county, and haa its hydro
lectrio plant on said . river and fur
nishes power and light to The Dalles,
hosier and Hood River.
XoAjrthy resldan -of Dummy.
'After- Mr. Evans'- company had en
tered .'Into the, competitive field, the
older company by reason of ita other
planta adjacent to Hood River, could
not cut prices without affecting prices
la the other fields. Bo it caused to be
created a new corporation known ae
the Hood River Ga and , Klectric com
pany, whose arUoles of Incorporation
war xuea on tne sotn day of October.
1S1L Said company, .was capitalised
for .the aumf $100,008,' with sharea at
8100 eacp. t Fifty thousand dollars of
thla Capita) stock was aubscrlbed and
C. N.' McXhhur waa 'elected president
of said; Hood River Gae and Electric
company.-- ; . ...
- i .Trust Owns tha Dwnmy.
. -Immediately s upon Mr, McArthur'a
election.' tp ' the , presidency of this
compuy, which was ln.truth and In
fact, awned by the Pacrfio Power and
Light company! and waa its dummy
and lit which, Mr.j McArthur did not
have a single dollar Invested, tha Pa
cifier Power ad Light-company then
entered Into a contract with the new
company, by the terras, of which the
dummy company procured a lease upon
the plant owned by tha- Pacif to- Power
and Light company; -
Mr: McArthur as -the .president of
this dunwhy corporation tien engaged
in a Campaign of price cutting In order
to destroy the amaller plant owned by
Mr. $vos.' which they had previously
i r led to, destroy but without success
by mean of the' legal proceedings In
stituted tn tha-federal court.
"MrMcArthur gaYe his personal at
tontloa to the oueatlaa of rate-cutting
in Hood Riveri .Or. Light and power
waa offered practically freer" to mer
chants and.' paUcularly to on Mr,
eopto Xepndlate TruC F
Mf. -Evans fought th Hood River
Gaa ft Electrlo company art each turn
nd tha people of Hood. River, remained
yal to hinv and f inaJiy aar " result
t the notorious axu of Uta dummy
ncern, -aome o tha friends of Mr.
vans ;made Complaint to the. public
rvlce-oomcnUsion of tk atata and
TELLS WHY M'ARTHtJR
OPPOSES FERRIS BILL
mttPiMssawB.
Judge E. V. IJttlefield, candidate
for the Republican nomination,
congress.
asked for the estAbllshment of rates
at Hood River. Whereupon the Hood
River Oas & Electric company, pre
sided over by Mr. McArthur, fearing
the publicity of such an Investigation,
was compelled to and did purchase the
hydro-electric plant of Mr. Evans.
Fowe President Supports McArthur.
"Ouy W. TalBot, president of the
Pacific Power & Light- company, Is
one of the tnost enthusiastic support
era oT C- N. McArthur for congress
and h'as ' .'ontributed to his campaign
fund.
"Mr. Talbot Is the president of the
Pacific Power Llcrht company, abovo
named; which corporation la owned and
controlled by the Water Power Trust.
The names and addresses of ita of
ficers and directors as shown by the
records in the office of the compoVa
tlon oommUsioner at Salem, are each
and all at 72 Broadway. New York.
The Pacific Power & Light company '
Is controlled by the American Power
Sc. Light company through stock own
ership and the General Electric com
pany owns a large portion of the"
stock of the American Power & Light"
company.
Men Must Have Employment.
Mr. McArthur admitted to Mr.
Evans after the Pacific Power & Light
company had purchased his plant that
h.- did not have a single dollar In
vested In the Hood River Gas & Klec
tric company. That he had received
a large salary for his service In trying
to destroy Mr. Evans' company but
Justified it by saying that men have
to procure employment wherever they
could.
"In the foregoing may ba found
some of the reasons why Mr. Mc
Arthur made So forceful a speech
against the Ferris bill when It came
up for passage in the house of rep
resentatives and why Mr. Talbot, to
gether with the forces of invisible
government that are seeking to con
trol Multnomah -county and the state
axe' so anxloua ' to keep him where
ho'1a." .- i
Heaviest Holderfof
Oregon Timber Dies
Charles B. Smith, President of Menasha
Woodenware Co., Dies In Hew Tork;
Wealth Estimated at 30,0C0,00Q.
Neenah, Wis., May 13. Charles R.
Smith, probably Wisconsin's wealthiest
man, died suddenly at New York Fri
day night, where he had gone to seek
rest and recreation after a severe at
tack of paralysis in Spokane two
months ago. No details of his death
have been received in Wisconsin, as
members of his family were all east,
but the funeral will be- held here on
Tuesday. Mrs. Smith was in, New
York with her husband.
Mr. Smith was head of the Menasha
Woodenware company, the biggest tub
and pall factory in the world, and his
timber holdings were enormous. Tha
smallest estimate of his wealth Is $20,
000,000. while some believe its value
will be as high as 360,000,000. He
was a classmate and close personal
friend of President Wilson, to whose
campaigns he gave large sums. Two
children by his first wife, Mowry and
Carlton, are seniors at Princeton, while
his daughter Sylvia la attending an
eastern girls' school. He was the larg
est individual ownw)f timber land in
uregon.
Mr. Smith holds ths controlling in
terest in the Southern Oregon company
which owns 82,000 acres of Oregon
lands, mostly timbered, and of the
Menasha Woodenware oompany, which
haa about 18.000 acrea in Cooa county.
The town of Empire and much prop?
erty in and around Marshfleld are
owned by his companies.
Boise Shivers. Again
When Earth Quakes
Saturday Wight Shoppers Experience
Slight Shock, Second In 84 Honrs,
and City Is Gripped by Pear.
Boise, Idaho, May 13. (U. P.) A
slight earthquake shock was felt here
tonight v at 9:30 o'clock. No damage
has been reported.
The shock, following the temblor last
night which was felt with more or less
severity throughout the southern part
of the atate, has Increased the appre
hension felt alt day. The city la
gripped by fear.
Tonight's shock came as the last of
the Saturday night shoppers were
down town, and caused a general hur
rying to places of imagined securjty. -
Court Denies Plea
; Of Mme. Modjeski
Suit for Separate Maintenance Xtoni,
Judge Voiding- Her Conduct Contrtb
, story to Disruption of the ramliy.
Chicago, May IS. (U. P.) Mme.
Felice Mahdah Modjeski was denied
her plea for a decreo.of separate main
tenance from. Ralph Modjeski of Port
land, Or., noted engineer and ion of
Madame' Helena Modjeskafh famous
Polish actress. Mate this afternoon.
J4?e McKlnley ruled that Mrs.fMod
Jeskl.haa been Contributory to. the dis
ruption L of ths Modjesjct. home by her
desire tot live abroad arid educate her
children there, . -
Wha wte r eaUlag ea advertiser pleas
tnntloa Tba aTuurnal, (Adr )
,v ' A
j A
( ft -? 'i
LEGAL STEPS NECESSARY
"1
0 ISSUE BONDS FOR
STEAMSHIP LINE IS EXPLAINED IN DETAIL
Authority May Be Obtained Either Through an Act of Leg
islature or Vote of People; Decision of State or Federal
Supreme Court Must Be Had, Say Legal Advisors.
In addition to the opinion of a
Chamber of Commerce committee that
the Port of Portland has not the power
to Issue 11,000,000 In bonds for an Alas
ka steamship line, that power may be
secured either through act or the leg
islature or vote of the people, and that
a decision from state er national su
premo -court will- be necessary before
the bonds can be sold. Is an extended
statement by F. W. Mulkey, former
chairman- of the public dock commis
sion, and W. P. LaRoche, city attor
ney, on the legal procedure necessary.
The special committee 'of the Cham
ber of Commerce on legal procedure is
composed of Franklin T. Griffith,
chairman; E. B. Piper, F. W. Mulkey,
W. p. LaRoche,, Charles H. Carey and
Opy Wr. Talbot. The committee's re
port Is being considered with particu
lar reference to soma procedure that
may. quicken action In getting Port
land into the Alaska steamship
business.
; The' statement of the special Cham
ber of Commerce committee follows:
To the Directors of the Portland
Chamber of Commerce:
. Qentlemen--Yeur special . committee
to whom was referred the question as
to what legal orocedure If any, is nec
essary to confer power upon the Port
of Portland to ; operate a. staamshlp
line, to Alaska financed by a .bond
Issue has carefully 1 considered the
question and has arrived at tha Jtollow
lna conclusions: -.
1 The Port of Portland as at pres
ent constituted, has not the power.
2 That power may be obtained by
a general aot of the legislative assem
bly or , .
. 8 That power may be obtained by a
vote of the people of Oregon under the
ihlUatiiva authority by a, general law;
4 That before bonds issued In sup
port of such' enterprise' can be sold
it will be. necessary to have a decision
of the supreme court of Oregon or of
the United States or of both of those
tribunals on the question whether the
powers of taxation may be exercised
for the purpose mentioned as this
question, so far as your committee has
teen able to ascertain, has not yet
been decided by any cpurt, and may-
be debatable. .
Bighed) FRANKLIN T. GRIFFITH
EDOAR B. PlPBR,
F. W. MULKEY.
W. P. LA ROCHE.
CHAS. H. CARET,
GUY W. TALBOT. !
Separate Xeport Hade.
Ths report of Messrs. Mulkey and
LaRoche follows:
To the Portland Chamber of Commerce:
Gentlemen The undersigned mem
bers of your special committee to
whom was referred the question as to
what legal procedure If any, is nec
essary to confer power upon the Port ;
of Portland to 'operate a steamehip
line to Alaska financed by a bond
issue, begs leave to report as follows,
in addition to the report signed by all
the members of the committee:
Your committee is of the opinion
that at the present time the Port of
Portland has no power to operate such
a steamship line. This la so. because
the charter of the port nowhere con
fers In express terms or by implication
such power. From this,. it of necessity
follows the additional legislation must
be looked to or obtained before a
steamship line to be operated by ths
port can be established.
The charter of the Port of Port
land waa obtained as a grant of pow
ers to a "municipal corporation under
a special act of the legislature. Since
the adoption of that charter tha pow
ers of the legislative assembly with
reference to municipal corporations
designated as ports have been cur
tailed by the so-called home . rule
amendment to the constitution of the
state. As a result of that constitu
tional amendment It is probably not
now within the powers of the legis
lative assembly to enact, amend or re
peal by a special law any charter or
act of incorporation for any munici
pality designated as a port. -Court
Baling Cited.
We understand our supreme court in
the case of State ex. rei. vs. Swigert,
69 Ore. 132. 116 Paa 440 to have held
that the legislature can not amend the
charter of a port by a special law. We
have been unable to find that this case
has ever been overruled.
Your committee is of the opinon
that since the ruling of the supreme
court of the state in the case of State
vs. Port of Astoria, 164 Pao. Rep., page
399, the legal voters of the Port of
Portland do not possess the power to
amend the charter of the port. It may
be stated, however, that no constitu
tional restriction prevents the people
of the state at large under the initia-J
tJve rrom amending the charter of ine
Port of Portland; they mav do so
either by a general or special law. Nor,
since the above case is there a con
stitutional limitation upon the power
of the legislative assembly to amend
by a general law any port organised
unaer tne general port law of 1909.
No rase has been found which deals
with the right of the legislative as
sembly to amend by a general law the
charter of a port created by a special
law, or to confer additional power
upon such a port by a general law; but
undoubtedly our supreme court, as
presently constituted, under a proper
atate of facta, would apply the dicta
and the reasoning of the Port of As
toria oase to the extent of holding
that the legislative assembly possesses
the authority by general law to confer
additional powers upon Buch a port.
General Act Passed.
In 1909 the legislative assemhlv
passed the general act above referred
to authorizing the creation of narta
The enactment of this law was subse
quent in point or time to the special
act creating the Port of Portland. By
section of this aer of 10 which sec
tion ia also designated as section 6125,
Lord's Oregon laws, it la declared
-mat notning in this act contained
shall be construed as in any way al
tering or abridging powers now exer
cised or enjoyed by or reserved unto
any such port or corporation hereto
fore created by and now existing un
der the laws of this state."
This general act of ltf( was amend
ed by the legislative assembly In 1915
by an amendment' which confers pow
ers upon ports, created under, the act
of 1S09, "to acauire, charter, own,
maintain and operate steamboats, pow
er boats, vessels and water crafts for
the transportation of alV kind; of mer
chandise, passengers and freight for
hire, and to engage generally. In the
coastwise trade and commerce, both
domestic and foreign, and. In trans
porting for hire all Kinds of merchan
dise and freight, and also to establish,
operate and maintain-water transpor
tation lines -in any of the nuvicable
waters, of 4he state of Oregon and wa
ters tributary thereto, any portion of
wjjeh may touch, the boundaries of
such port. This amendment appears
ac Chapter 63, of theXJeneral Laws of
Oregon, 1916, and its effect is as If it
had originally been a part of the act
of 1809. Therefore, the powers grant
ed by the amendment are limited by
the language of section 9 of the act
of 1909, above quoted, and are not, con
ferred upon ports created prior to the
-act' of 10. T o - ; -
Prooedors Wot Advised. . -
SectlonO of the aeiof 1969 .(6125
Lord's Oregon awsK.by a .proviso
also attempts to grant" power to any
port organised before lhe act of 1909
to-reincorporate under , the terms and.
provisions of that act If thla proviso
la constitutional, .it .might furnish a
mean a whereby the -yorrof Portland
could, - by a surrender of . its present
charter -and a reincorporation, obtain
the power to operate a steamship lias
TO ENABLE PORT
PROPOSED
ALASKAN
In the coastwise foreign and domestic
trade.
; Your committee.does not recommend
that this procedure be employed; in
arriving at this conclusion. It does not
find It necessary to concern itself with
the constitutionality of the proviso
contained in aection '9 of the act of
1 ?, Irrespective of the constitution
ality of the Drovlso. the terma and
provisions thereof ss to the plans to
-LiFKuwtsu in reincorDor&iinn n r a
nelneorpo
largely 1
meas-er anit rent
In implies- '
tion; to employ it as a method to con
fer the desired power upon the Port of
Portland Would be dangerous.
It would not seem to be of use with
out the aid of judicial construction.
This would mean uncertain, protracted
imsauun; ior no one
oonas of the port t
eff ect-underwritt n
Asairi. the rrrwf
jr oiwuara partially executed or un
executed powers which might bo held
to have been exclusively vested as to
execution In ths present port organ
isation. Then-iost important of these
would seem to be the tax levying
power. No method should be em
ployed which might interpose a legal
obstacle to the exerclsa-of this Im
portant power. The above objections
to thia method being- baslc.'your com
mittee calla attention to the fact with
out detailed discussion that by the re
incorporation plan a new means of se
lecttng the commissioners of the Port
of Portland would obtain
Kecommsnoatlons Are Made.
Therefore, It Is recommended by
your committee, as to procedure, that
one of the following methods be em
ployed! either that a measure be sub.
nUtted to ths people of the" state at
large am an ding- the charter of ths port
by either a special or general law; or
tnat a measure be submitted to th
legislative assembly conferring1 addi
tional power upon the port by general
law.
it has been suggested to your com
mittee that the Issuing of bonds tor
the operation of a steamship line by
the port might be an unconstitutional
exercise of the taxing power, for the
reason that the purpose might not be
a public purpose under the law of tax
ation, and also because it might vio
late section 9 of article XI of the
state constitution. Section 9 of ar
tide XI of our constitution is as fol
lows: "No county, city, town or other
municipal corporation, by a vote of
Its citizens or otherwise, shall become
a stockholder In any Joint stock com
pany, corporation or association what
ever, or raise money for, or loan Its
credit to, or in aid of any such com
pany, corporation or association." Our
supreme court has construed this pro
vision in the case of Churchill vs. City
of Grants Pass, 70 Ore. 283; 141 Pac
164. In that case It was held that the
state could lawfully delegate to any
of Its municipal corporations Its own
power which the constitution does not
prohibit of building and owning rail
roads, the only question being the
proposed legislation waa for a publlo
purpose.
To Benefit Citizens.
It Is further held in that case that
the construction of a railroad between
points within and without the muni
cipality is a public purpose, and that
the constitutional provision did not
apply. With reference to the consti
tutional provision, the court says.
"The proposed road has no capital
slock, and, therefore, the city cannot
be and does not propose to become a
stockholder. It is not being construed
by any private corporation, company,
or association, and, therefore, the city
cannot ana aoes not propose to aid in
any such organization or -loan Its
credit to It. The proposition is to
build and own a road for the benefit
The proposition is to !
of its citizens. That It may when
built lease or sell it does not alter the
fact that, primarily, It is a public im
provement for a publio purpose.
The objection is not tenable. Your
committee, therefore, is of the opinion
that, under the rule In the Churchill
case, section 9 of article XI of the
constitution, would not prevent the
Port of Portland from operating the
steamship line, if the state conferred
power upon it so to do.
The Churchill case, however, is not
a rule of decision on the question as
to whether the issuing of bonds by a
municipal corporation for the estab
lishing; and maintaining of a steam
ship line ia the exercise of the power
of taxation for a public purpose. No
case on this particular point has been
found.
It might possibly be said that by in
ference the Port of Astoria case decid
ed this question as far as a steamboat
line is concerned. There was, how
ever, no discussion of the point. The
prayer of the complaint in- that case
asked that the Port of Astoria be re
strained from acquiring or operating
boats lor the transportation of 'pas
sengers or freight.
A aemurrer was rued to this com
plaint, which both the trial court and
the appellate court sustained. How
ever, the ultimate decision of this
point does not rest with the supreme
court of the' state.
Taxation Is Considered.
As to what is taxation by a state or
its municipality for a publlo pnrposs
is a question of due process of law
under the Tourteentb Amendment to
the Constitution of the United States.
Tn Xtnai decision on tnat point is
with the supreme court of the United
states, and it will decide the question i
like one of general commercial law, !
independent of any expression of 1
views on the subject by the state
court. In Olcott vs. the Supervisors,
16 Wall. 67$ and 690, the supreme
court of the United 8tates says, "The
nature of taxation, what uses are pub
lic and what are private and the ex
tent of unrestrained legislative power,
are matters which, like questions of
commercial law, no state court can
conclusively determine ior us."
On the question of what is a public
purpose in taxation we must, there-
would purchase "7r '
until thav were in I XI taxation may s useo ivr
hv ) friuv Idredree. lettles. dry dock, ana
fore, look Jo the opinions of the su- rs at as I0W a rale cent-
preme court of the United States. Six per cent is, the maximum rate
That court has held that the issue of fixed in the bill. It may become as
county bonds as a donation to a rail- ; much lower as conditions will allow.
soffhe'mUs of ataWfhe: j d that;
ercise ofv the powers of taxation by I will not seek loans, even undor the
the county for a public purpose. j amortisation plan,, with no aesurance
In Railroad Company vs. County of of money at lesa than six per cent.
Otoe, 16 Wall, 667 at 675. the supreme , MoSB based his prediction upon the
court of the Lnited States says, "In I fant ,hflt Bv-ri foreign countries
view, therefore, of the organic Jaw of I factwtha,t , "t , u countries
the state, and of toe decisions 'which he bonds of the land banks are quot
have been made in regard to other d at only a tnade less than govern
similar constitutional provisions, both : ment bonds themselves,
by the higiiest courts of the states and lt )s nt expected that the Werept
in this court, we think it cannot be ! ,n h. nifrirm hut .. . -m
doabted that the lesislature of No- rate W,U be unif7 l V,at, ;l
braska had authority to authorize Its ' vary to some extent in the 12 land
municipal divisions to incur indebted- i bank districts into which the country
ness and to impose taxation in aid of is to be divided. But Moss holds that
raiiroaa companies. '
legislature KUSt Act.
other Wctton thonsutlona"!
Ity of the act is urged. It ia that it
authorized aid to a railroad hevond
the limits of the county and outside
of the state. There is nothing in this
objection. It was for the legislature
to determine whether the obiect to he
aided was one in which the people of ; Representative Hill Of Connecticut has
nal,,a? .inte,re.st- nd ilJa I introduced a bill to permit national
very obvious that the interests of the ; wih savings departments main-
people of Otoe county may have been ba,nks wlt " :v" " "ll " J .
more Involved in the construction of taining a five per cent reserve a re
a road giving; them a connection with I Quired by the federal reserve law to
an eastern market than they could be !
wholly within ths county." In Olcott
vs. ths Buparvlaors. 16 Wall. 678 at
695, the court says, "Whether the nss
of a railroad is a public or private one
depends In no measure upon the ques
tion who constructed or who owns it.
"It has never been considered a' mat
ter of Importance that the road ws
built by the agency of , private cor
poration. No .matter who is ths agent,
ths function to d performed Is that
of the state. Though the ownership
is private, ths ue ia public."
Xbs bearing' ofths above discussion
1 on ths rlgnt of state or municipal.
ity to operate s steamship Una by fax-
uoa u uh ex aaaiosry. Ja nunia
operate oyer am artUtaLal highway.. A
steamship line operate over a natural
highway. Both are common earners.
Ths necessity of transportation by
water lg as vital as of that by ralL It
is true that a- steamship lins is not
so dependent on the aid of a state as
1 a railroad company, not requiring i
franchise from the stats to exercise
the right of eminent domain, because
such power is not necessary.
Sight of Eminent Somalm. .
The right to exercise eminent do
main by a railroad company carries
with it a correlative duty to not only
furnish service to all. out efficient
service to all, even to the extent of
furnishing more cars; while a steam
ship line Is only required to furnish
service to the extent of present capa
city. If a steamship line chooses to
hold itself out - as a common carrier,
then it .engages in a public service.
This seems to be the principal point
of difference between a rail line and
a steamship line.
But we think, for other reasons, ths
right of s municipality to operate a
steamship line . is a public purpose.
The improvement of waterways has
always seen s special concern of gov.
ernment. Taxation for ths improve
ment of navigable waters for inland,
ooastwise and overseas commerce Is
for s pnblie pnrposs. The general gov
ernment, tn states ana muiapwum.
when authorised, can and do levy taxes
for waterways Improvement and for
incidental aides to snipping. The
right to do so cannot now be success
fully challenged. If tbes things are
for pa duo purposes, n muss n Because
they are primarily for the publio good
p.
deep sea
zor tne
W and
pilot boats, It is inconceivable that
taxation cannot be used for the opera
tion of ships. There can be no differ
ence in the pnblie purpose save that
of degrees. After all, it must -be
question of poller, and that rests In
legislative discretion.
itespectfully submitted,
(Signed., FVV. ffXgggk,
LEADERS PLAN
x FOR CONTROL
OF CONVENTION
(Ooottaned From Page One)
gloried In it then, but seems to have
Just as much entnuaiasm now for the
man he helped to "roil."
Adding to Stevenson such names sa
those of Samuel E. Qulgg or New x one,
Augustus P. Gardner of Massachusetts
and John Maynard Harlan of Illinois,
all bulwarks of the Roosevelt haters
of 1912, the Colonel has a collection
of supporters that would be unthink
able In a"Sess chaotic day.
Summer Session Is Certain.
Congressional leaders have settled
down to the conviction that they are
,"ln for It" for the summer. While
the house has its program well In hand,
the senate has such a long season
of talk ahead that adjournment does
not seem likely before August.
It la planned to remain In session
during the convention fortnight fn
June. Probably there will not be a
quorum of either house here at that
time, but It will be possible to dispose
of routine legislation and to reoess
for three days at a time when there
ia, nothing el to do.
President Wilson ia known to be
firm in the opinion that the re salon
should not end until the extensive pro
gram marked out In his message and
in later conferences with the leaders
la completed. This includes the pre
paredness bills, two' water power bills,
the general leasing bill, rural credits,
flood control, merchant marine and the
omnibus revenue bill, including the
tariff commission plan.
&ane Tights for Amendment,
An unusual situation came in the
Benate with the uncovering of tho cir
cumstances under whlchSenator Lane's
amendment to the Indian appropriation
bill came to be dropped out in the
conference committee. This vu an
amendment providing that tha effi
ciency commission establish in the In
dian bureau a system of accounts
whereby trial balances can be made
and a more careful accounting of ex
penditures rendered.
It developed that the house conferees
were willing to accept this amendment,
ana had accepted it, but before re
porting the bill the conferees called
In Assistant Commissioner Merrltt of
the Indian bureau, and he expressed
strong disapproval. He stated that the
interior department would not con
sent to such an amendment, as it was
already working out an accounting
plan which it believed would be sat
satiefactory. Thereupon the senate conferees
withdrew Jthe Lane amendment and
reported the bill without It. A debate
in the senate brought put the circum
stances. Senators Stone, Lodge and
others declared the senate conferees
had done an unheard of thing n yield
ing the paragraph at the suggestion
of a department official after the
house conferees had accepted it. The
upshot waa that the bill was sent back
to conference, with instruction to the
senate managers to insist upon the
Lane amendment.
Senator Lane says he has heard that
threats' have been made to defeat the
entire bill If his amendment !s in
cluded. However this may be, thle
appropriation bill, one of the few con
sidered by the senate so far. was. hung
up again when it aeemed to be out of
the way
Moss Makes Prediction,
Congressman Moss of Indiana per
formed the office of opening debate
on the rural credits bill In the house
with credit, and made at least one
unusual statement. He made the pre
diction that within a few years, after
the system provided la In smooth work
ing order, loans will be made to farm-
ih tendency Will be toward a uniform
.o anrf that in time thr will l
f U ,hV ?
vuc """J
Banking Regulation FTposHj.
Washinston. May 13. (WASHING-
TON BUREAU OF THE JOURNAL.)
Invest such deposits according to. the
law regulating investment of savings
banks in the staUa in whlcn such
banks are located, provided tha state
law has been approved for th pur
pose by ths federal reserve board,
under regulations prescribed by it
Smith for KUtfe'a Right..
' Washington. May 1J. fWASHlNG
TON BUREAU OF THE JOURNAL.)
The " atate's rights theory of water
power control In full bloom Is brought
' aoEitmeuin ud oueretion of t(
ATTRACTS B!G CROWD
Monday Musical Club and Co-:
lumbian Ladies1 Orchestra
Features of Entertainment,
ALL HAVE GREAT TIME
Children Enjoy Vew Miniature Sail-
road, Ice Cream, Candy and Bvery
thlng sis About yiaoe.
For the first time in three years the
Oaka Amusement park enjoyed ideal
sunny weather for their opening day.
Yesterday afternoon and evening sev
eral thousand people gathered In the
beautiful grounds and enjoyed to the
fullest the trees, the flowers, the deep
green lawn, and the outlook on the
river which all combine to make, the
park one of the show places of the
city. Among the groups of men, women
and children who came out early with
basket luncheons to spend the day
were the women of the Monday Musical
club whose members contributed the
splendid program In the auditorium
given at 2:30 In the afternoon and at
8:30 In the evening. The Columbian
ladles' orchestra, Mrs. Sherman Brown
director, was a feature of the pro
gram and the principal soloist of the
afternoon were Miss Harriet Leach and
Miss Gertrude ITbeber.
For the entertainment of the chil
dren, a miniature railroad has been in
stalled. The trains of cars are drawn
by a real angina mad exactly, one
sixth of the standard size.
Free Bides Plentiful.
Free rides were plentiful' throughout
the afternoon while the children were
the guests of Manager John F. Cordray
and those who could not climb on eon
tented themselves with making the
round trip with the train running
abreast the cars.
The new line was duly opened with
ceremonies that would have done credit
to e transcontinental road. Master
Bobby Bollinger drove the gold spike
into the board with masterly strokes.
, Up and down the board walk the
many consesslons drew their Crowds
and youngsters frolicked on the green,
their faees half hid In huge cornucopias
of snowy spun candy or ice cream
cones.
The concert was especially enjoyable
and Miss Harriet Leach. has been en
gaged for the week. Following was
the special program given by ths Mon
Muslcsl club:
Btuslo was reature.
Chorus (a) Carmen a, "Walts Song
(Wilson), (b) Land of the Sky. Blue
Water rCadman): oourano solo. Miss
Helen Fromme; violin solo, concert
Mazurka iMusin), AiDeri trails. mr.
v i Aaruo acconmanist: vocal quar
tet in Mav fParker). Miss Ella Van
Leuwen, Mrs. R. H. Tucker. Miss Lucy
Case, Mrs. Florence oser-MSJnmonu;
Miorano solo. Lo. Hear the Gentle Lark
(Bishoip), Miss Harriet Leach, flute
oolifcato. Miss Buelah Clarke; vocal
trio, The Woods (Seller), Miss Helen
Fromme, miss natue - rueuita, mrm.
irinrnc.a Foster-Hammond : chorus (a)
Hnrlnir Sons- (Wiell. violin obllsato.
Mrs. B. L Knight; (b) Minuet (Offen
bach).
The rerular nrogram by the band.
which will be repeated during the week.
was a follows:
Part 1. March, "Headquarters"
(Fahrbach): selection, "High Jinks"
fKrime): boat song. "Oondouera
(Saar); song. Miss Gertrude Hoeber
The Creole Tango" (Battlstl); "Neu
traHtv Par" (Jack Frost).
Part 2. March,' "Kentucky Home"
(Schultz); Spanish Walts (Morena);
violin solo. Miss isracaei; sexiei irora
Lucia (Donizetti); song. Miss G. Hoe
ber; "Goodbye Girls I'm Through-'
from Chln-Chln (Caryll).
Coal Operators Are
Accused in Suit
Andrew Marr Alleges He Was to Have
Been Paid for Been ring Election of a
High Official.
Tacoma, Wowh., May 13. (TJ. P.)
Charges that Pierce county coal com
panies and the Washington Coal Oper
ators' association agreed to purchase
the election of a high official of the
United Mineworkers of America, in this
district for J2B.00O. but that after he
was elected, refused to fulfill Jn its
entirety the agreement, are made In a
suit to recover the alleged unpaid bal
ance, filed in the superior court here
today. ,
The suit Is brought .by Andrew
Marr. He is suing for $24,750, the bal
ance hie claims is due him for securing
the election of Martin J. Flyzik, in
1913. as president of the tenth district
of the United Mineworkers, and for
maintaining him in such office for two
years.
The whole affair is called a "frame
up" by President Flyzik. Flyzik char
acterized the suit a scheme of the op
erators, In conjunction with Marr, to
work his downfall in the union.
Sioux Indians Made
American Citizens
Secretary X.ane With Impressing Cere
monies Changes Status of 186 Bed
mem To Citlsensnlp.
Yankton. S. P., May IS (I. N. S.)--Franklin
K. Lane, secretary of the in
terior, todav made 186 Yankton Sioux
Indians "white men" In all bur color.
With romantic, symbolic and impres
sive ceremonies, the fla and th plow
were placed in the hands of ths red
men, exchanged for their last arrows,
which they shot as they cat away the
semi-savage status and took ip the
white man's burdens and privileges.
These men and their families are
litluna. not wards
(They were given, free hand on their
lands, ito have, to noia, or to seii. i ney
have been found competent and here
after are their own masters. .
- Secretary Lane who came here by re.
queat of the Indians addressed them
in the name of the Great White Father
the president, dwelling upon the sanc
tity of citizenship.
out In a bill intwdueed by Senator
Smith of Arizona, which grants to ths
atatea all the water powers reserved
by the United States on non-navigable
Streams. .
In this bill, five lines long, Senator
Smith; would solve all ths problems
surrounding the .Question of water
power: legislation. All vestige of fed
eral control would Irs wiped out, and
there would be no limitations on ths
power of the states to grant, and give
away as they choose. .
The Bright
Wanna Days
ARE HERE and that means you should dis
card the Winter garments and don the clothes
in keeping with the spring season.
Chesterfield Suits
this, season are mighty handsome, and we
would like to supply you with the new suit.
They are priced $20, $25, $30 and $35.
Then we show an exceptional line of Hats,
Straws and Panamas priced $1.50 to $7.50.
Spring Underwear, athletic and knit mate- -terials,
priced $1 to $5 a suit.
Manhattan and Wilson Bros. Shirts priced
$1 to $8.50.
Hosiery and Gloves everything in men's
apparel except shoes.
Come and see us we'll be happy to serve
you.
EL M. Gray
Corner Washington and West Park
iiiiiniiiiiii
Quaintly
ouieex
and delicately
crisp here's
the biscuit of a
"hundred uses."
TRtf-BLU
VWWW0T
BISCUIT
v v
Favored by the hostess when
ever she's most particular; the
delight of the whole family at
hungry-time; appreciated for
its nourishing properties by
mothers of tiny infants It's
the biscuit for YOU. 10c
at all good shops and grocery
stores.
Tru-Blu Biscuit
Company
The Daylight Factory
PORTLAND
W. S. KIRK'S
ARM Yand NAVY STORE
94 Third St.
SPECIAL Bleached
SXXSBXZ8 for ladies, sis-
gatit blu
$3.50
flannel . . .
KZSSZXS, other
$2.50
4aV
styles, soo to
Army Blanksts, 93.60 to
96.60.
Olive Drab Shins, ta.BO
to S3.60.
Army Shoes, gajSO to S8.SO.
Army Shoes, oanvas, 75o
to 1A5.
Knapsacks, SI to 93.
Khaki Breeches. 91.00 to
93.00.
Khaki Coats. 91 to 93.60.
Anto Cloth Sobes, 93.60
to 94.00.
Army Transport Ham
mocks. S1.O0.
Jumpers for workmen,
9A0.
Olive Sub Sweaters,
94.60.
pslts, S6o up to 93.00,
Things out of ths ordinary that are pleasing in
! your home as well as for presents.
BMfls Barrels into Smok-
ing Tables. 93.60.
Carbine Sookets Into CI-
aar Holders. 36o.
Hlfls Bayonets Into
Soosces. 91.00.
Rifles Into Hat and Coat
Hacks. 910.00.
Projectiles into Mantel
Ornaments, 91,00.
Army Ornaments Into
Plaques.
BarrackShoes
75c pair
I
i .
ITI1MD
Corner Stark
Middy Blouses 75tf
STXK XTDST
TXZS
EXISTS, olive
$1.50
$3.50
drab. 91.60 to
Ksgglags ana mttses. 3 Bo
to ge.35.
Campaign Hats, 60s to 93.
rack Sacks. 60c to 91.60.
Trousers, all wool, S3. 60
to SS.OO.
zanen Suits, Trousers sad
Coats.
Khaki and Cotton Shirts.
Army White Muslin
Shirts. 36o to 36e.
Army and Marina Socks,
16o to 35o.
Middy Blouses for ZAdleS,
76o to 93.60.
Sweaters, all-wool nary,
93.60.
Overcoats and Macklnaws,
94.60 to 96.60.
roaches, rixst Ala. 16o.
Hslmst Spikes Into Pa
per Weights, 16c.
Bills Soabbards Into Can
als Holders. tl.OO.
Plums Tops Into Candle
sticks, 6oc
Army Chevrons Into Tan
ey Pillows, 94.80.
Powder Plasks into Plow
sr Vases, 91.60.
American Earls to V. 8.
Coat of Arms. 36o anu
rso.
Loggers' Skirts $4.50
Pure all wool, best In-
Aim fiv no fair Ave
Outwear any shirt; made'
of U. S. Army overcoat
cloth, and turn rain.
W. S. KIRK
94 third sr., Cor. stark
Tl H II II II II U "VN.
(