, THE ' OREGON DAILY .C JOURNAL;; PORT LAND, THURSDAY. JANUARY 23. 1919. FEDERAL RAILROAD JURISDICTION IN P. & E CONTESTED Public Service Commission of Oregon Demands That Line Continue Until People Heard. INTERESTS ARE AFFECTED Receiver's Order Ceasing Opera tions Brings Sharp Reply; In terstate Rights Cited. . f3lera. Jan. 21. Demanding that the Pacific A Eastern- Railway continue operation juntit the people of 'theterrl lory4served" by the" utility T have been given a bearing- on the matter, the pub . Ho service commission of Oregon is con : testing the Jurisdiction of the federal 'railroad administration over this In trastate line. An order promulgated by W. F. Turner, receiver of the Pacific & East ern, a. copy of which was sent to the public service commission, pointedly sets -fortli taat "Operation of the Pacific A Eastern will cease at 8 p. m., January ; 0. 1919." In a telerram addressed to Mr. Turner t)i nmmlslnn informs the receiver that a protest has been filed against the "suspension order and intimates that the '.commission will expect the order to take the usual course, which Includes a public hearing. , ! . CommUilOB Opposes Plan , .This telegram is supplemented by a letter which reads as follows : We do not accord with your order or the attempt at its enforcement, for the law certainly contemplates that the patrons of the Pacific & Eastern rail- way, as well as the citizens of Jackson county and any other person or persons interested, shall be heard, let alone such a drastic order as proposed. Under your " order you would preclude the commis sion from exercising its Jurisdiction, and, as we view it. that would result in cir cumscribing both this tribunal and the people of the districts served by this railroad. ... "Until a further showing and until those interested, including the petition ers, have their 'day in court,' the order. is received for reference only, subject to such further proceedings as may be met In the premises." : Claim Iadattrles Menaced The protest which was filed by Sen v ator C M. Thomas of Medford, in be- j half of the patrons of the Pacific & Eastern Railway, states that if the op - eration of the road ceases It will mean the absolute destruction of a number of important Industries located along the road and the complete Isolation of the towns of Butte Fans and Eagle Point. The road was primarily constructed, so the protest says, for the purpose of providing an outlet for an immense -amount of timber tributary to the city of Medford, and with the ultimate view 'of extending to Bend, thus providing an "outlet for that vast territory east of the It'll be a long time till we meet again, so put out the lights and come on down tonight. I am leaving Satur day. Yours for fun, FATTY. FATTY ARBUCKLE in , "CAMPING OUT" and MRS. CHARLIE CHAPLIN in k ' "BORROWED CLOTHES" SUNDAY, D. W. GRIFFITk'S LATEST; Cascades by connecting with an eastern i and western line. I Many Families Interested On the strength of" these announced plans extensive contributions were made toward the construction of the . road. Hundreds of families have located in this territory since this line was put Into operation and many Industries have been established, all of which are de pendent for existence upon the mainte nance of operation by the. road. Members of the public service com mission, who cqntest the jurisdiction of the federal , railroad administration in Mils case, state that at least they should be heard In an advisory capacity inas much, as tho line is a strictly Intrastate utility with both terminals in Oregon They also contend that as a public util ity it cannot cease to .serve the public until its right to do so has been estab lished at a hearing in which the people have had a chance to present their side of the case. Wage Jurisdiction Denied Salem, Jan. 23. The public service commission, although claiming regul tory powers over rates and service of public utilities within the state of xOre gon, denies, any jurisdiction over wage disputes between capital and labor. In a telegram sent to the Sumpter Valley employes committee, in reply to an appeal for assistance in settling the wagei dispute which Is tying up opera tions of the road, commission states: "The commission does not have Juris diction over labor warn differences. Jurisdiction over rates and service. Since government aid has been promised, see no reason for commission to investigate. Upon complaint as to rates or service hearincr would be promptly held. The appeal from the employes or tne line set forth that the deadlock be tween the employers and employes Still exists in soite of the promised govern ment aid in financing the operations of the road. Water District Created Salem. Jan. 23. Notice has been re ceived by the state water superintend ent's office of the creation of the Upper Langell Valley Irrigation district In eastern Klamath county. The project, which is located on Lost river, will re ceive its water supply from Clear lake, just across the line In California. Pierce to Present Bill to Put Tax On Oleomargarine Salem. Jan. 23. Senator Pierce stated today that his dairy resolution was leading up to a bill which he will intro duce soon providing for a tax of 10 cents a pound on oleomargerine. The tax will be collected by the state dairy and food commissioner and the surplus, after defraying the administration ex penses of the office, is to go into the road"" building fund of the state. Sena tor Pierce said he estimated the reve nue for the road fund would amount to 1100,000 a year. Steamer Tahoma Libeled The Peoples Market & ' Grocery com pany today filed a libel suit against the steamer Tahoma in the United States district court. The complaint alleges that a grocery bill amounting to $375.45 is due to Peoples Market & Grocery company. Colds Cause Grip and Influenza LAXATIVE BHOMO QUININE Tablets renora th rua- There is only on "Bromo Quinine " E. W. GROVE'S aiciutur on box. SOo Adv. S3 "'''Vi' Ly I - V" v$ '. ....; : v. -v.-.. V MINIUM PAY BILL PROPOSED IN TEAK BEHALF Measure Would Place the Mini mum at $75 a Month j" Mrs. Thompson Launches Bill. HOUSE PASSES THIRD BILL Bill Providing. That Teachers Give 90 Days'. Notice of Inten tion of Resigning Submitted. Salem. Or., Jam 23. A. minimum wage for school teachers of not less than 1 75 a month is provided for In a bill Intro duced by Mrs. Thompson In the house this morning. The bill, in brief, provides that it shall be unlawful for the board of di rectors of any school district in the state to pay a teacher' less than 75 per month. It is made the duty of the county school superintendent of the state to examine all contracts entered into between district boards and the teachers employed by them. Should it be found that any district board has wvitten a contract not in compliance with the law lie is required to notify the board to correct the con tract to meet the demands of the law. May Withhold Fond Should the district fail to correct the contract, the county superintendent is directed, to withhold from it the propor tion of the county school fund appor tioned to it for the year. It is also provided that the members of a board of directors who sign a con tract not in -compliance with the law shall be liable for the amount specified in the contract. In other words, If they pay less than $75 the teacher's salary is to be paid by them personally and not by the district. The bill has been -introduced by Mrs. Thompson in recognition of the demand of the teachers that they be given bet ter wages and in order that the schools of the state may have the benefit of more efficient and better trained teach ers. Honte Panes Third Bill The house got down ho business this morning and passed its. third bill of the session, the Schuebel bill providing that the general road fund of a city shall consist of the road money, set apart for such city as va. road district or otherwise, out of the road tax levied by the county together with any money let aside in the road fund by the orders of the city council. It is also provided that the city can enter into agreements with the county authorities for the con struction or repair of the city streets by tne county. The house also passed the Burdict bill increasing the salaries of Crook county officials, and also a bill by the same author fixing the terms of the county court of Deschutes county and increasing the salaries of the of ficers of the county. , Wasco Ceaaty Wins Bill T) - salaries of the Wasco count officials provided for in the bill intro duced by the Wsmco county delegations was also passed. A bill raising the salary of the super intendent of public instruction from $3000 to $4500 a year was introduced in the house by Smith of Baker this morning. Dodd introduced a bill providing that any teacher who has entered into a contract to teach, and who resigns without giving 90 days' notice, Instead of 30 days as the law now provides, shall have her certificate to teach can celled and shall be disqualified from teaching for the remainder of the school year. UTILITIES MARSHAL DEFENSE FORCES (Con tinned From Pass On) bill was a subject of no litle concern in their ranks. "I had always assumed that the pub lic utility commission had the right to raise or lower rates of public utilities," stated Senator Huston in defending Tils amendment. "If conditions were such that a B-cent fare was too high, I had assumed that the public service com mission could reduce them. However, after carefully investigating the situa tion. I find that I have been mistaken in the assumption. I find that a con tract entered into between a municipal ity and a corporation Is protected by the constitution of the United States and the rates specified therein cannot be lowered. Under existing conditions these rates can be raised, but not lowered. Griffith Shows Fight "This condition is indefensible. It is not justified. It puts a club into the hands of every Bolshevik in the country X know public sentiment 'in this matter and I know that unless some action is taken to protect the interests of the pub lic the people will take the matter Into their own hands and wipe out the pub lic service commission entirely." Franklin T. Orifflth, president of the P. B. L. & P. company, emphatically disagreed with Senator Huston on the point that the public service commission did not possess the power to reduce rates air well as raise them when con ditions justified such actions. "There is no case in existence to show that the public service, commission can not raise rates," declared Mr. Griffith. "We have never contended that the state of Oregon does not possess the power to reguiate rates cnargea ny uuuues wiw- In the state. No attribute of sovereignty can ever leave the state. It can dele gate the power to make contracts but the power of the state is not involved. . Higher Fares Indicated "Fight it r Interrogated Mr. Griffith. "Ivwould enjoin its enforcement on the grounds of confiscation. You are otj inviting a, condition of chaos, wretched service and litigation by this bilL I admit the power to regulate utilities, bat not to confiscate." ' . . Prospects of another raise in farea on the Portland street railway lines were held out by Mr. Griffith when he de clared that the existing rates were not adequate. R A- Letter, attorney for the P. H X & P. Co. . supported th contention Rem EC.' of Mr. Griffith that under existing law the public service commission has power to lower rates as well as to increase them. This power, however, accordtfts to Mr. Lelter. hinges upon tbs grant at power from the state to the munici pality and upon the language contained in the contract between the municipality and the corporation. Mr. Iiter cited a number of decisions handed down by the supreme court of the United States, as well as by the district court of Ore gon in support of his contentions. Tacoma Case Cited Mr. Lelter contended that notwith standing the home rule laws of the state of Oregon the municipality continues a subordinate power and that -a clear, ex pressed, specific way to regulate rates was lacking in the Portland city charter. John A. Laing of the Pacific Power & Light company also appeared in behalf of the public utilities, citing the case of the. Tacoma streetcar situation as an ex ample of what might be expected when arbitrary laws dented utilities a rate sufficient to meet existing conditions. "This bill will emasculte the Oregon public service -commission," declared Judge Charles H. Carey of Portland, who states that he appeared in behalf of no corporation or client, but in behalf of the people of the state of Oregon. "It will really curtail the usefulness of that commission. If we are to concede that the commission is of no use. why not abolish it entirely? Public Utilities Loe Money "One hundred and fifty-six million dol lars are invested in public utilities in Oregon," according to Judge Carey, who asserted that nine out of ten of these utilities are not able to pay a reason able interest on their investments. To the contrary he declared they are facing desperate financial reverses and some tribunal is needed to give them the assistance which will permit them to survive. Ben Day, chief counsel for the South ern Pacific, entered a protest in behalf of his company, pointing out the fate that had befallen the street railway sys tem of Albany and intimating that a similar fate might be in store for .the systems of Salem and- Eugene in tithe event an increasedWate of fare should ever be found necessary and no- pro vision existed whereby this relief could be obtained. Even now, he declared, these systems did not pay, their main tenance under, present conditions being possible only because of the other rev enues of the Southern Pacific Small Companies Protest Charles E. Wells of Hillsboro, presi dent of the Oregon local telephone as sociation, entered a protest against the bill in behalf of the' small, independent telephone companies operating within the state, and E. G. Robinson, president of the Molalla Electric company at Canby. .appeared in behalf of the owners of the smaller utilities. Senator 'Huston agreed to take the amendment up in committee again in an attempt ito arrive at some solution to the problem which would satisfv th public utilities as well as protect the rignus or the people of the state. HOOVER'S WORK DEFENDED BY SENATOR HITCHCOCK (Continued From Pace One) stabbed in the back by his enemies on this floor." Replying to Senator Borah's charges that packers were enabled to make in ordinate profits because of the system Hoover built up as food administrator, Hitchcock declared the profits would have been much greater had Hoover not been in charge. "Does ihe , senator deny the profits were inordinate 7 asked 'Borah. "I repeat, said Hitchcock angrily, "that they would have been much higher but lor Hoover." "I deny it," said Borah. "It's true," countered Hitchcock, de claring Hoever will come out "vindi cated completely." "Any member of the senate who would run against Hoover for president would poll a much smaller vote," said Hitch cock. "I don't deny any senator would be awe to raise a much smaller campaign fund," said Borah. Borah declared he had never attacked Hoover's personal integrity, but the sys tem he built up. "I am not willing to vote $100,000,000 to the man who built such a system," said Borah. Hoover Replies to Critics Paris, Jan. 23. (I. N. S.) Herbert Hoover, American representative on the inter-allied food committee, replying to criticism by members of the American senate, issued the following statement today : "I apparently emerge In a new light as a friend of the Chicago packers. At the same time my mail brings a report that Swift & Co. are blaming the food administration for reducing their profits $10,000,000 during the past year. I don't imagine that the packers would appreci ate a wide circle of such friends. ' "I notice, also, that I committed a crime in holding the October Joint con ference of farmers' representatives and representatives of 40 small packers as well as the big packers together with delegates from allied governments for the purpose of setting a price for ex ports of pork that would give the Amer ican farmer a square deal, insure equality of distribution "and also protect th small packers. "We have even tried to secure the con tinuance of these war arrangements throueh the armistice nerinA an si tv. opening of other markets, because the American rarmer am ma duty and pro duced the goods. "If the American farmer and the small dealer now feel that these arrange ments are wrong it would be the great est burden off our shoulders. The British eovernment in anxious to be released from these ar rangements. - Swift Predicts Cost Rise Washington. Jan. 23. fT. M: tv- cost of foodstuffs would increase and tne packing business would be crippled if congress enacted-such lerislatinn contemplated In the Sims bill, declared joujs v. Bwirt. president of Swift & Co., one of the "Big Five" 'packers, to day. He took the stand 1 before the house committee on interstate and foiv eign commerce, which is conducting hearings based upon the federal trade commission report, and following two days of testimony by J. Ogden Armou, president of Armour & Co. Like Mr. Armour. Swift branded the report of the trade commission as "grossly unfair to the packing industry." Levy Myer. counsel for Armour A Cn and termed "the highest priced lawyer in ine worm " tmsi th mumnMu the proposed bin for regulating trfLJ pacKers was unconstitutional and cited supreme court decisions in nunnnrt nf his statement. He referred to the "de cision on the labor bill as pne argument. m . i Fined for Cruelty Peter Hondros. employed by the Union Meat company as a slaughterer, .'was fined $25 by District, Judge Jones this morning- for cruelty to animals on a charcre nref erred bv th Onwnn Muruim society. Hondros, it was shown, in kill ing a sneep usea cruel methods. War Savings Stamps of the 191 series may be purchased at themsual places. VALUABLE LOOT IS LOCATED IN ROOM OF DEAD Captain Circle and Two Detec tives Spend Day Checking Over Property; Trunk Not Touched. VALUE ESTIMATED AT $5000 List Already Totals 386 Pieces; Portland People Seek Chance to Look Over Stolen Goods. Captain Circle and two detectives spent nearly all day Wednesday check ing over the property found in the room at 117 Lombard street of K. C Lancaster, the burgler, killed at Second and Alder streets Tuesday, but were unable to finish the task. So far they have checked on 386 pieces of property, but still have one large trunk to go through. Captain Circle said this morning that he believed $a000 would be a . very conservative estimate of the value of the loot. Sealskin coats, furs, muffs, silk bed ding, silk clothes, silk In the bolt, ex pensive jewelry of every description high grade linen, first class wearing Apparel, electric irons, oriental rugs, Suitcases and silverware are among the things contained In the lone list pre pared by the police. So far none of the property has been identified a hav ing been stolen locally. Many of the clothes found in the room bear Minne apolis dealers' marks, which leads the police to believe that the stuff was stolen in the East. Other cities mentioned besides Minneapolis are St Paul, Kan sas City, St Louis and Chicago. Type written lists of the stolen property are to be sent to these cities by the police. Ermine Coat It Is. Loot So far no further identification of the dead burglar has been made. The po lice are still calling him E. C. Lancaster. Following are a few of the things re covered by the police as taken from the list of Captain Circle: White ermine fur coat no tailors mark, worth probably $2000 ; pair of natAnt lpathpr shoes, marked Minne apolis; salad spoon engraved F. J, P., olive fork' engraved t., napum nng engraved Frank, hat brush engraved C, dolly case marked E. C. H.. tuxedo suit made by J. T. George & Co.. Min neapolis ; black overcoat. Minneapolis maker, name worn ; auto robe, green and black checked plaid on blaek back ground ; mandolin. Irish linen table cloth and napkins marked F. C. H.. 12 nap kins marked E. C. J.. 1$ handkerchiefs, four pillow cases and two doilies marked F. H. C. Many Seek to See Property A large amount of the Jewelry recov ered is engraved, but the police have not had the time yet to decipher these initials. They are "almost certain that none of Lancaster's stuff came from local homes, as none of It has tallied so far with the description given of local missing property. About 100 peo ple called at police headquarters Wednes? c"ay and this morning, asking to see the property, but the police denied them the privilege. " As soon as the police have the prop erty checked, the public wHl be notified Nid those whose homes have been en tered will be allowed to present their claims in writlnc. Thoie who have lost anything Jike the property found in Lan- caster 8 room wui men De anowea m look at articles that compare with theirs. Owing to the value of the re covered property, the police say they cannot allow the general public to enter their storeroom. . - Believed Brother of Bandit That E. C. Lancaster was a brother of "Kansas City Blaokie," a notorious train robber, and a member of his brother's gang of outlaws and crim inals, is the opinion of the Portland police. t "Kansas City Blackie," whose right name was Roscoe Lancaster, had sev eral brothers, all of whom had been In trouble with the police of various East ern cities, and newspaper clippings con cerning the burial of the noted desper ado were found In the pockets of the man shot by the local detective. From clothing and papers found in the pos session of Lancaster the police learned that he recently came to this city from Minneapolis and St Louis. CHANGES MA0E IN SYNDICALISM BILL (Continued From Pase One), fecting labor that had come before, the legislature. The Bolsheviks .were feed ing on such legislation: The greatest cause of discontent among" the ranks of the unions was the charge that labor could gain no recognition before the legislatures of this and other states and this was continually being 'fanned by the contentions of the agitators that a man who took office on the Republican or Democratic tickets was a traitor to the cause of labor. Chairman Bean of the committee asked the two men what they could sug gest as a remedy, and Smith answered : Smith Suggests Remedy '"If the legislature." he said, "will pass a' bfll against criminal syndicalism that THERE IS AS MUCH HUMAN NATURE IN SOME PEOPLE AS IN OTHERS, IF NOT M0R.E" - -At least Mark. Twain says so. and when it comes to human nature ,? I allow that MASK carried the BIGGEST and CLEANEST stock in the country. . Yours for $5,400,000.00 . p: S. Imagine a stock of NUTS that was Just as far ahead of other nuts as ' k" 'MARK TWAIN'S stock of hu man nature was ahead of -the others.- - we. can defend : if , it will pass alll against criminal commercialism! if It will give the labor commissioners ample power to enforce the labor laws of the state; if it 4 will take the evils -out of the compensation law and do what it can to promote a mutual feeling of con fidence between the employer and the employe ; if it will adopt plans that will give to struggUns; industries a chance to organize, grow and expand so that when a company or a man comes ito Portland he will not be held up by those who wish . to take the highest, toll for sites for his plant; if you can do any thing to promote Industry and provide employment for men who want to work; if your can do these things you will de stroy the sou . that Bolshevism feeds upon, and it will die. or can be uprooted. But the cactus feeds on fevered soil and unless you take away this soli you can Pass all the 'laws you can put on the books and you will not stop its spread. Mad Americas Worst Bolshevist "The big mistake you men are mak ing," he said, "is that you are .going on the assumption that Bolshevism is being recruited from the ranks of the foreign born. That is not true ; the most violent. ana tne most revolutionary radical you have In the country today is the mad American, and the maioritv of these fellows are Americans and they are maa. j. Following the hearings the commit tees went into the u amendments sug gested by Smith and Home. These in brief were that the bill should be made to prohibit the "advocacy, teaching or affirmative suggestion" of criminal syndicalism and sabotage. The amendment was In the addition of the word "affirmative." Another was the 'prohibition of the advocacy, teaching or suggestion of crime or physical vio lence as a means of industrial or politi cal reform. The amendment here was In the addition of the word "physical." Another amendment added the words "or for profit" to the clauses prohibit ing the advocacy of violence or other acts for purposes of. bringing about political or industrial reform. As the law read it said It should be unlawful- to "advocate, teach, or sug gest the commission of crime, violence or the commission, of any unlawful act as a means to accomplish Industrial or political . ends, change or ..revolution" and the amendment adds the words "or for profit" it being the contention of Smith and Home that this brings "with in the scope of the act any employer who might foment industrial unrest an brlng about the destruction of property, owned by him, to advance his cause by the creation of public sentiment in his favor and advance his contentions. These amendments were ' adopted by the committee and the bill came before the house for final action with them written into the measure. . Proposal Made to Merge Positions of Commissioners Salem, Jan.' 23. George T. Cochran. water commissioner, and Percy Cupper, state engineer, appeared before the con solidation committee Wednesday after noon, to ask that the position of witter Cpmmissioner of the first district! be merged with the second district and the official be known as the water superin tendent to be appointed by the gov ernor at the expiration of Cochran's present elective term. The two officials explained that one official could handle the work now un der way. and that it was contemplated that the state engineer should take over the duties of the office as soon as -the remaining adjudications f water rights were finished. They represented that the consolida tion would mean a saving in money of about $4500 a year. The committee took the suggestion into its keeping, for con siderable in connection with the general consolidation program which it now has ineubating. In Police Circles Vancouver, Wash., Jan. 23. E. J. Egan, alias Oscar Hanson, from Fall bridge, was arrested last night for al leged drunkenness. He . was found asleep, in his automobile, which - was parked about 10 feet from the curb on Seventh street. W. H. Truinan of Thirty-third and Grand avenue .reports that his bicycle was taken from the steel shipyards yes- terdac afternoon. Beginning: on Saturday, U. S. Government Y resents the third official picture "UNDERO FOUR FLAGS" The greatest and most mag nificent 1 war picture ever seen. They are history now; and to miss seeing them is to . miss knowing- how the world's greatest , war . was won. Taken by official pho tographers in the heart of Foch's great. In vincible drive- ' MAJESTIC Admission 25c Logos, now being VeeervecL tOe f i 1 i ' 1 ' ' x r- k 'xs ft y i CHARLES STRING r w Toby Watkins. was following a plow when an inspira tion struck him. He was to be afpoet no, a collector no, a coffee grinder salesman; yes and? AT THE WHITEHOUSE i Tomorrow The Biggest Bargains of the Season ' ?ii..50 $l7jo $21M $2522 Now reduced to. v., V ; 168 Coats Values to $40.00 Now reduced to. . . 250 Dresses 41 A beautiful selection of Satins, Silks, Georgette, Crepe de Chine, Taffeta, Serge, Velvets and Jerseys, all new models and shades. lAll sizes 14 to 46. - t FURS Foxes, Wolfs, Lynx, Capes, Muffs, Throws, Sets. re duced tO 40 for Off See Our Window Display WfllTEHOUS 342-344.346 ALDER STREET Opposite Pahtages Theatre if you can't read lor any xengin u ; - uic, t without your eyes hurt- I glasses. We fit glasses to your eyes and man ufacture them in ourlown shop. We make iio charge for consultation. STAPLES The Jeveler-Optician . " 2C3 Morrison, Between Third and Fourth TODAY AND FRIDAY ONLY THEN GONE FOREVER 1 it 'M l-M - f. x '! r- ' f 7 rv 1 . 7 pf i - "rube" RAY in BEANS . J I and Saturday q 300 BLOUSES Values to $9.00 in Crepe de Chine, Georgette and Satin, all new shades ' 4M '4 T!7 COME EARLY Before They Are Picked Over $14JI $19J! $24M A. 95 $1 g.95 . n 1., P : 1 1 ) y