THE OREGON DAILY JOURNAL, PORTLAND, THURSDAY,, SEPTEMBER 20, 1917. --- v
STATE HAS RiGHTvTO :
RAISE FARES UNDER ;
mwM state
. . , -' .. : '" "; -.A- - . .:
' ZT-l'"-
Attorneys 6'eneratr Brown fn
Opinion to - Public Service
Commission So'Hoids, '
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WdOOBURN CASE IS CITED
JatUo Utnfty Act srapercsdes Any Au-
taorttyv 7U Tariff (treated
:t VortlMA Vaae Its Caarter.
Salem, Or Sept. 20. Attorney Gen
eral; Brown, la an opinion completed
lstel Wednesday afternoon, holds that
th public service commission has
jurisdiction over the street car farss
which mar ije charged by the Portland
Railway, Llht & Power company.
Id other, words, he holds tnat the
authority, conferred upon the commis
sion by the public utility act super
cedes any authority which the city of
Portland has under Its charter to fix
street car fares. The provision, of the
street car company's franchise that It
shall not charge a higher fare than
five cents for a continuous trip is not
binding- upon the public service com
mission, he holds.
i Way Clear for Order
.The commission will now proceed
to: Issue Its order In connection with
tha application and hearing of the
street car company for an increase In
fares, which the company contends is
Heeded, to enable It to grant an In
crease In the wages of Its employes.
The order is expected before the end
of this month.
'Attorney General Brown, In form
ing his opinion, relied largely on the
decision of the state supreme court
in tha Wood burn case and the de
cision of Judge Bean of the federal
district court In the "case of the Port
land Railway. Light A. Power com
pany against the City of Portland, re
port ea in zci Federal Reports.
Toil Hearing- Vecesaary
"It has been the opinion ot this of-'
flea ever since prepaiirg and filing
briefs In the supreme court of Oregon
In the Woodburn case," says Attorney
Otneral Brown, "that the public serv
ice commission of this state Is vested
with the power either to raise or
lower street car passenger rates of
tha varlouj cities of this state. If,
after a full and complete hearing, tha
facts Justify such action.
"Th Knhlln lift!!., la-- A . -1
was adopted Uy the legislative assem
bly of 1111, referred to the people and
. adopted by them at 'the November,
1112, election. This law Is a general
law which affects all towns and cities
alike within the boundaries of the
tte of Oregon.
" Wording of Xiaw Clear
fThe utility act plainly provides:
Whenever upon an investigation, the
commission shall find any existing
rate, or rates, unjust, unreasonable. In
sufficient, or, unjustly discriminatory,
the commission shall determine and
by order Zix. reasonable rates or tolls,
te.oejjmposed and fr-Jlowed la the fu
.lite II III Hi . Mil
turs -in lieu" of "those" found -to-;be un
just, unreasonable. Insufficient.' or .un
justly, discriminate.", ,
; VWords icould' not be clearer, statute
Jaw was never more. explicit.. From the
plain term of the utility law, the leg
islature and the "People "of' the state
have conferred the necessary author
ity, opontne commission to? either
raise o'r lower rate and .to determine
ami fix such rates and .charges, ae
shall be Jitst'and reasonable,' This Is
the latest legislation upon the subject
and' is the' law of the state. ' ;
- State Tower Supreme .,'
."It has been said, that the primary
and general rule of statutory construe-.
tlon is that the Intent of the law maker
Is to be found in the language Ahat'be
has used. . ; . T
"Judge Bean, In the case of PortlahJ
Railway,' Lltftit & Power' company has
said:', i it
r "VThe right to regulate rates jbf Pub
lic 'service corporations Is a govern
mental power vested In the state In Its
sovereign capacity. The regulations of
fares to be charged by public service
corporations Is not primarily , a muni
cipal matter, but it Is a sovereign rifat
belonging to the state in Its sovereign
capacity.'" V
War Library IJond
Is Over-Subscribed
Drive Is ' Made' la Josephine County
Ahead of Scheduled Time aad Re
turns Show Quota More Than Baised.
Grants Pass, Or., Sept. 20, Jose
phine county, has over-subscribed Its
allotment of the war library fund. The
local committee, realizing that the rush
of local events next week, which had
been set for this drive, including the
serving of breakfast to 1500 passing
recruits, might seriously interfere
with the library fund work, decided to
clear this task out of the way without
delay.
A committee of 30 was appointed by
Chairman Ben C. Sheldon. It was di
vided into 10 teams of three members
each, the city districted and each team
given a district. Tuesday was set for
the drive and bright and early on that
morning the teams started work. At a
luncheon Wednesday noon, served by
the Chamber of Commerce, reports of
the various teams were made, with the
result that this county's allotment of
$250 as oversubscribed, with none of
the country districts yet reporting.
The committee Wednesday night
mailed to Kdward Cooklngham, state
treasurer, a draft for $310 with the
promise that there was more to come.
Marines on Guard
At Railway Bridge
Marshfield. Or., Sept. 80. Eight
United States Marines from the Marsh
field wireless station are guarding tha
million-dollar Southern Pacifio bridge
over Coos Bay at North Bend. Tne
marines were hurried to the bridge
Tuesday night. Local railroad offi
cials give no explanation of the move,
but It is reported that the guard wai
put on following a reported threat to
destroy the structure. Once before a
rumor was circulated that the bridge
was- threatened. Any accident to the
bridge would retard the lumber manu
facturing and shipping of aeroplane
spruce from this point. ,
CHEAP CREDIT ASKED
vE0R SMALL FARMERS
IN APPEAL;T0 BANKS
OherSow Farmer Is Man Who
.'- Can pome to Nation's sAid,
Says Food Administration,
j Federal Food . Administrator, Ayer
says the United -States- tood , administration-has
made a direct appeal to
the banking' interests of the 'country,
through "i'the different .state bankers'
associations, to give special consid
eration ahd extend more-liberal credit
at -lower, rates to growers of .llvd
stock. i ."I am informed from, our Washing
ton 'headquarters;' said Mr.- Ayer,
"that a letter has been sent to the
bank associations of each state, urg
ing the economic need of giving all
possible - assistance to the ; livestock
men of the country, whom we must
depend upon' In such large measure
for 'the enormous supply of food sta
ples that our nation is called upon to
provide for our army and , for. 'the
armies and peoples of our allies. The
cooperation of the federal reserve
banks ' has also been asked la this
matter."
Some pertinent excerpts . from the
letter sent out to the various banking
interests are aa follows:
In Innumerable Instances, one sow
can be handled to advantage and an
economic production of pork brought
about where five sows would mean
production of pork at a loss. The
one animal would mean the utiliza
tion of what is now waste; five sows
would mean, the purchase of high-
priced feed for . turning the progeny
Into pork, with ' the result of higher
cost of production.
"The one-sow man Is the farmer
who can come to- the rescue -of the
nation In this emergency; makaitpos
sible by furnishing tne necessary
ciedit at low cost The same prin
clple applies, to both sheep and cattle.
It -Is the man who will produce in
small units whom we must rely upon
to get our Increased supply of live
stock."
Realty Assessment
Opposed in Eugene
Eugene, Or., Sept. 20. A mass meet
lng has been called by the Eugene Civic
association for Friday, to take steps
to oppose the assessment of real prop
erty in the city. It is claimed that this
class of property has been raised 26
per cent over the assessment of 191$
while no other . property has beeu
raised.
Separators Found Faulty
Eugene, Or., Sept. 20. Tests made
by the Junction Cow Testing associa
tion show that many separators are
causing a loss of cream equal in some
Instances to one pound - of butterfat
to each. 1000 pounds of milk. Old sep
arators and cheaper makes were the
ones -found faulty. ?
State Health Officer
Looks Over Soseburg
'" Roseburg, Or- Sept. 20.- Acting State
Health Off leer Holt spent Tuesday here
Investigating the city water supply and
general health conditions The visit
was occasioned by a number of cases
of typhoid fever in Roseburg. A num
ber of samples of city -water were takn
and should this be found to be infected
conditions will be remedied at once.
The city. water supply Is obtained from
the North Umpqua . river, which is a
rapidly moving stream -and no ' conta
gion, has before been found in the
water. The past dry summer seas ja
may partly account for the conditions
here,
Employer Arrested
ror.iiraDDing lips
San Franclscd. 1 Sept. 20. (I. N.
S.) The test of the law which prohib
its employers from taking tips given
to their employes Is expected to result
in the arrest of Samuel Farb, on com
plaint of J. P. McLaughlin, state labor
commissioner. "Farb Is accused of hir
ing & Ctrl to work at the checking rack
of a . restaurant for $10 a week and
compelling her to turn over all tlpa to
him. . ; The practice is said to be gen
eral in San Francisco cafes. The war
rant for Farb's arrest Is the first Is
sued under the-new. law.. ,
Popular Residents
Of Newport Wed
' Toledo, Or., .Sept. 20. The wedding
of Joel B. Booth and Hiss AUeen Oal
ther was solemnised at 7 o'clock on
Wednesday morning. Father Forget of
Independence officiating. Mr. Booth Is
cashier of the Lincoln County bank of
this city and Miss Gaither is the eldest
daughter of Postmaster and Mrs. J. J.
Gaither. The couple left on the morn
ing train for Portland, where they will
pend a week, after which they will
be at home to their friends in their
bungalow prepared . by the groom on
Enderley street
For the first time in Its history
Porto Rico had an output of more than
500,000 tons of sugar In the season
that ended in August.
"Splendid
Lubricating
qualities'9
PAIGE
McKinney-CordMotorCo. ,Phoerix
"we cannot speak too highly of
the splendid lubricating quali
ties of Zerolene."
WINTON
The Win ton Co., San Francbeo
"We use Zerolene extensively.
It is giving entire satisfaction.''
Whiskey i Concealed v
Under Watermelons
Tacoma, Wash., Sept 50. (U. P.)
Hidden under a carload bf watermel-cne,-
the , first big consignment of
lqnor to ie seised In the state of
Washingtoon since the federal dry law
wejit into effect, wu taken last night
at Buckley, near here, when the city
and . county dry squa4 found seven
cases - of , wMskey. The car was con
rigned to EL A.. Dllloni a California
jobber, who Is held at the county Jail
today..
, The llquorla. valued at, $1000.".
Collier Arrives Witt .
Food 'for Serbians
' Washington, "Sept. 20.-(l. N. 8.)
The United, States collier Caesar, with
Its' precious1 cargo rot- half a-- million,"
dollars' r worth of, supplies,, including
fcod'and clothing, haa 'reached j?a
lonikl, ' It wag reported ; today in , a
cablegram . which . reached American
Bed Cross Jieaoquarters. $ r t '
' The CaeaaTg cargo will, be used Im
mediately to ' alleviate the sufferings
of nearly 200.000 starving And desti
tute Serblaos and other exiled, aon-.
combatants. -.
MM1
CHEVROLET
I. W.Leavitt & Co. 'Loi Angeles
'Zerolene is our choice for
Chevrolet cars."
FORD
Fahy-Atterbury Sale Co., Los
Angdei "settled on Zero
lene after extensive testa."
ZEROLEN-E
The Standard OH fix Motor Cars
Endorsed by Leading Car Distributors
i the records of their arvtr -i '.
Zerolene, correctly refined from California asphalt-base
crude, gives perfect lubrication less, wear, more power
least carbon deposit. " '
DeaJen everywhere and at
our tervice itacioni.
'Is'
lllllll isw
,11 YIP0? STANDARD f
iuv r. 4 jRlT oil company $".""' i i
jlfLrC V "M For trmeton, Zerolene ' itflM t I 1
tUs .Tk He.ry.DBty U e.pd- j(A ' ' t I j'
. - - s - I
(Emporium
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1 "The House
. linn
. - , I I
of Courtesy
This Is Suit Week at the Emporium
A Prize Hat
HER is the very hat'
which won the
the highest ap
proval at the big Fashion
Exhibit held at Gastle-by-the-Sea,
Long Isfang.
The most fashionable
women in New York
stamped the approval
mark on this lovely
model. See it here tomorrow.
200 New Trimmed
Hats on the Third
Floor Special $6
: Here are two hundred of "the prettiest' hats we
have shown in many "a season for a price like $6.
This is a selection, too, you will hardly find
duplicated in many
shops. Every new
tonception for Fall
" can be found amopg.
this, big assortment
Ahat .for every wo
man Fndzy and
V Saturday. f
'M 'S '
$6
r . Jit
This Big Event Brings a
Great Showing
of Handsome Suits
Five Clever Models $0.50
to Select From. .... 0
XT VERY Portland woman knows what an an- ,
. fi . nouncenfent like this means coming from the
; M m xr : . , t t i i . i i i .i
handsome Fall suits specially marked for this week,
at $28.50. Many stores sell the same suit value
as high as $30 and $35.
This big assortment contains suits of the very
newest styles and the most wanted fabrics. Five
stunning models to select, from. . Every new
shade for Fall can be found in these suits. Your
Fall suit is in this big assortment no matter
what color 9 fabric or style you have in mind.
You 11 marvel at suit values. like these at $28JS0.
'," -
Many of these models are the very safr.e suits exhibited in our Fashion Show,
and cteated so much comment. For Friday and Saturday, $2S.0.
More Lovely New Coats Are Here!
More of those stunning big coats of Pom Pom, Burelia, Plushes, and Satin
Velours have arrived you'll be glad you delayed in getting your coat i when ,you
see how smart these are. Priced from
$35.00 to $90.00
Stout Womeri?s Waists
We makeA specialty of smart blouses for. stout women." Many of the very new
est styles for Fall can be found here. Among them are new Georgette crepesv;
crepe.de chines and many others. Priced at - - . J '
X
$3.95 $6.50 $6.95
5wett:q,
m
The Northwest's
Greatest Specialty Store
-T 1Z4 H28 AhS$N
l
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The Best $15 and $18 Clothes
Are Sold at Ben Selling's"
There's many a man in Oregon who has used that expression and
justly so, for here are suits and overcoats at $15 and. $18 that simply
cannot be excelled.'
Men, think of any model that's made, any size
that's required, any fabric that's good then
come here and you will find it.
One Entire Floor of $15 and $18 Suits and Overcoats.
"The Best in the West"
Entire Third Floor Elevator Service.
U
r-
.1
Brewer
Hats .
$3
5
'Morrison Street at Rnirfli
Dunlap
Hats
$S
,
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PENDLETON. SEPTEMBER 20-21-22
,Tlcket5 on Sale Sept. 19, 20. 21and 22; retiira UrrUt Sept. 26. vis . .
, : : City Office, Ttird end . Washinftea '
rA 5 i Broadwsr 4500. K-9 121 . "
, v.'VTWbL McMorrsy, General Passeaf er Aent
BIGGER AND BE WeRTHSN EVER.
r , IffllUI '? j : Broadw 4500, 12 1
rrom Aroruana.. i