VAUK KOUK
THE CAPITAL JOURNAL, SALEM, OREGON
TUESDAY, FEBRUARY 10, 1931
Capitaljjoiirnal
Salem, Oregon
Established March 1, 188
An Independent Newspaper Published Every Afternoon Except Sunday
at 136 a Commercial Street Telephone 81. News 82
GEORGE PUTNAM, Editor nd Publisher
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By carrier 10 cents a week; 45 cents a month; 85.00 a year In advance.
By mall In Marlon, Polk, Linn and Yamhill counties, one month 60
cents; 3 months 81.35: 6 months 82.25; 1 year 84.00. Elsewhere 50 cents a
month; 6 months 82.75; 85.00 a year In advance.
FULL LEASED WIRE SERVICE OF THE ASSOCIATED PRESS
AND THE UNITED PRESS
The Associated Press is exclusively entitled to the use for publlsatlon
of all news dispatches credited to it or not otherwise credited In tills paper
and also local news published herein.
"With or without offense to friends or foei
I sketch your world exactly as it goes."
Byron
Citys' Health at Stake
The decision of Judge Hill invalidating the city bond
issue voted for the purpose of purchasing the city water
plant, emphasizes the folly of haste in such projects and
the necessity of adopting a well thought out plan in advance.
The election carried on a wave of municipal ownership senti
ment, the result of poor service rendered and tactless over
charges by the shifting managements of the new owners.
The amount of the bond issue was set by guess in ad
vance without having secured authoritative estimates to
ascertain how much money was needed. The enabling acts
were feverishly drafted in a midnight session in a race
against time limitations and the petitions as carelessly cir
culated. With so many technicalities involved, there was
bound to be a slip, though of course the supreme court may
find the the circuit court erred.
Another mistake was made in not accepting the offer of
the water company to complete the new filtration plant un
der city supervision, providing only that the city agree, in
event of purchase to refund the actual cost. Instead, the
city accepted the advice of experts and rejected the proposal,
which while it was a good thing for engineers and lawyers
was injurious to the community, which would have been in
sured pure water, pending the taking over of the plant.
As long as the city follows only the advice of engineers
and lawyers, for whom new plans and specifications and pro
tracted litigation mean fancy fees, the securing of the water
system by the city will, be indefinitely delayed, for no two
engineers can agree among themselves. Condemnation is a
long and costly proceeding for the city, though a fat thing
for experts, for it must be followed through state and federal
courts, and in the end the courts will insist upon a fair price
and prevent confiscation.
As the city is definitely committed to municipal owner
ship, the commonsense thing to do is to secure a round-table
conference between the best business minds of the city and
the water company officials and amicably agree if possible,
upon a purchase price that can be submitted to the people
for acceptance or rejection. It would be far cheaper than
prolonged and profitless litigation in an effort to secure
something for nothing. It is the only feasible short cut to
city ownership.
In the meantime, the company's offer for completion of
the filtration plant should be accepted. It will be needed, no
matter from what source we eventually secure water, for
there is no such thing nowadays as pure mountain or other
water. And the health of the community should be the con
trolling motive. We face another dry year and low water
which always spells contamination, and by the time the plant
is completed, its need will be apparent.
Light for the Dim Ones
Obeying the hydro-power mandate of the people does
Yiot mean that our legislators must accept and approve any
measure, however defective, that the Governor may pass on
to them. It means the strengthening of our existing laws to
the extent that they will throw every safe guard around our
water resources yet permit such orderly development of
hydro-power possibilities as public and private agencies may
see fit to undertake.
It has been admitted by those who drafted the hydro
electric commission bill that many of its provisions are in
direct conflict with existing federal laws. This being so it is
evident that such conflicting provisions must fail.
There are a few fundamental principles which have been
laid down by the supreme court of the United States which
the drafters of the bill should carefully study and which the
members of the legislature should seriously consider. Among
them are:
The states with certain limitations, are free to control
and regulate the use of the waters of their lakes and streams
This right, under its police powers, to regulate and control
does not spring from ownership of the waters. It grows out
of a trusteeship. The waters of the state, like fish and
came, are held in trust for the use and benefit of all the
people. The state could not grant to any one the exclusive
right to the use of its waters nor to gather its fish and game.
The waters of a non-navigable stream, flowing through
the public lands, are a part of the public domain, and the
right to their use may be sold or granted by the general
government, separate from the rest of the state.
The federal Constitution delegates to Congress the gen
eral power, absolutely and without limitations, to dispose of
and make all needful rules and regulations concerning the
public domain independent of the locality of the land, wheth
er situated in a state or territory, the exercises of which
power cannot be restricted in any degree by state regulation.
Owners of land patented prior to 1877 enjoyed all those
rights and privileges growing out of the old common law doc
trine of riparian rights, for that year Congress, recognizing
the necessity of a modification of this old common law doc
trine, in effect, seperated the water from the land and
patentees thereafter took their lands divested of the old
claim to riparian rights. The right of the states to control
and regulate the use of the waters of their lakes and streams
was for the first time duly recognized.
The waters, however, are held only by the Btates in
trust for the people and their police powers stop where they
deprive the government (or those Holding under patents is
sued prior to 1877) of some right or benefit in the lands.
However, congressional enactments, providing or recog
nizing that rights to the use of water in streams running
through the public lands may be acquired in accordance with
local laws, have no application to a controversy over the
right to use the public lands as sites for works employed in
generating and distributing electric power.
Since 1877 and in such western states as have adopted
the "Colorado doctrine" which rejects the common law as to
riparian rights, the ownership of the waters of natural
streams is in the state, in trust for the public, and individual
rights can be acquired only by appropriation and application
to a beneficial use.
While the government appears to have recognized the
right of the several states to control tht use of the waters of
their lakes and streams, so-called "state ownership" is large
ly a legal fiction for while the water it an incident to the
M'MAHAN ASKS
REDUCTION IN
COURT TERMS
In connection with the bill before
the legislature seeking to decrease
the terms of circuit court In de
partment No. 1 of Marion county
from seven to five terms a year, a
WU championed by Cucutt Judge
McMahan who holds that the sev
en terms are an Imposition on the
taxpayers of the county, a resume
has been made of cases tried during
the last eight terms of court since
January 1, 1930, will some figures
attached to Indicate reasons for
passage of the bllL
The Itemized statement shows
shows that 77 cases were tried in
the last eight terms, or a fraction
over nine cases a term. Of this
number 23 of the cases resulted In
verdicts for the defendant or non
suits. The estimated cost of operating
department No. 1 of circuit court
while In jury session Is 8120 a day.
Tills cost Is the same for a frac
tion of a day with the Jury sitting.
All told the nine terms of court
showed a total of 127 days or frac
tions of days when cases were being
tried before Juries or at the ap
proximate rate of 8120 a day, a to
tal cost of 815,240 for the 77 cases
tried. This would average around
8210 a case, Tar In excess of tUe
amount of filing fees charged.
In a number of cases where ver
diets against the defendants were
recorded and the plaintiff won, the
Judgments were considerably below
the cost of the case to the taxpay
ers, or it is indicated that in many
of the cases the county could af
ford to pay the J udgment awarded
and make considerable money if no
jury had been called in the matter
As Instances a one day case of
Sheridan against Witzel saw
judgment of $96.23 returned; a case
of Becker Hilln-.ar., consuming a
day and a half, brought a Judg
ment for the plaintiff of 865.50,
this representing a 8240 cost to the
county.
In the case of Welch vs. Beards
ley, consuming one day, a $40 Judg
ment for plaintiff was returned. In
the case of Hill vs. Fawk, consum
ing two days, a 81 Judgment v.as
returned. In the case of Conlee vs.
Fawk, also a two day case, a 875
Judgment was returned. In the
case of Adams against Neer, a case
using up two and a half days or
$320 costs for the court, a Judgment
of $100 was returned for the plain
tiff. Some of these facts in iavor of the
bill reducing the number of terms
of court will be presented to the
committee in the next day or two.
Farmers are going without but
ter on their bread to sell the cream;
they are selling eggs at 15 cents a
dozen and going without them on
their own tables, to get together
money enough to pay their taxes,"
said Judge McMahan. "Bills like
this will help them to get their
butter back onto their bread and
to keep a few eggs for their own
tables."
pathy Is expressed; and be It fur
ther
"Resolved, that copies of this
resolution be mailed by the Ad
jutant to the bereaved widow, Lotta
C. Smith; to the Oregon Legionnaire
and to the newspapers of Salem.
Karl Btelwer
H. O. Maisan
Carl D. Gabrielson
Committee.
OAKLAND HORSE
SHOW FIRE LAID
TO INCENDIARIES
Oakland. Cal. (U) Three Invest!
gations of the disastrous Oakland
horse show fire, la which four per
sons were killed and more than 50
prize horses destroyed, were under
way Tuesday with activity center
ing about police clues to an alleged
arson plot.
The city of Oakland, horse show
officials and representatives of the
state of California were In charge
of the separate Inquiries while fire
men patroled the blackened area
swept by the flames.
R. Stanley Dollar, San Francisco
shipping magnate and president of
the Oakland national horse show.
acted as spokesman for the horse
owners In charging the city of Oak
land was responsible for building
the makeshift sublet In which the
valuable horses were kept.
"Oakland never should have asked
these people to bring horses valued
at thirty, forty and fifty thousand
dollars to this place, he said.
Dollar pointed out the fire would
be a severe blow to the Los Angeles
horse show opening next Saturday,
in which most of the horses destroy
ed at Oakland were to have been
exhibited. He said the owners might
consent to snow at Oakland again
next year but only on condition
fireproof stables are provided.
Seeking possible culprits of the
fire, police traced clues left by
empty gasoline containers, and
sought two men described by a
horseman as having been overheard
in a whispered conversation shortly
before the fire broke out.
The dead men were Identified as
Michael McCarthy, manager of the
Carnation Farms stables of Pomona
Cal.; John K. Thoms, Oakland
stableman; George Ewing, stable
man for Mrs. G. H. Neary, San
Francisco, and "Bib Harvey," negro
hostler.
Statements were issued bv Mayor
John L. Davie, and other Oakland
officials deploring the appalling loss
and the fact that Insufficient funds
were available to build more suit
able quarters. The makeshift stables
were located behind Oakland audi
torium, in which the show was pre
sented, and was practically destroy
ed 20 minutes after the fire started.
LEGION LAMENTS
PAST COMMANDER
Capital Post of the American Le
gion has adopted the following resolution;
"Whereas we have recently lost
from our midst one of our best be
loved comrades, a soldier, a legisla
tor, a generous and high minded
gentleman, the first Commander of
capital Post No. 9. on who gave
unstintedly of his time, labor and
funds for the care of ailing and
needy veterans, and
"Whereas, It Is fitting and proper
that this Post express to the widow
of said comrade and to all Oregon
Posts and Legionnaires elsewhere,
its sorrow and sympathy for the
widow and its high regard for the
departed.
"Be It resolved by Capital Poet
No. t of the American Legion, de
partment of Oregon:
'That we do hereby extend to the
widow of our comrade. Dr. W. Carl
ton Smith, our heartfelt sympathy;
we sincerely affirm that In his
dcatli our county has lost a most
worthy citizen and patriot, one
who in his special sphere cannot
be replaced. To the Legion Posts of
the slate of Oregon and to the
endless number of friends who
mourn his death, our deepest sym-
TEXT BOOK FIGHT
BEFORE COMMITTEE
With Mrs. Lotta Smith of the
.larfon count? delegation leading
the fight for the exclusion of high
schools from the provisions of the
fiee text book bill on the ground of
excessive expense, and with C. A.
Howard, state superintendent of
schools, admitting that the allow
ance of 81.50 per pupil for books
would not ha adequate In the first
Jstance particularly in the case
of high schools, the education com
mittee decided Tuesday morning
to go into an executive huddle dur
ing the .'rly afternoon to Iron out
this phase of ths free text problem.
Opposing the su;estlon of Mrs.
Smith were Representative George
P. Wtnslow, Tillamook county, who
said nis constituents are demanding
enactment of ths bUl "as Is," and
Mrs. Dorothy Lee, who said that
ths various croups supporting the
measure were agreed that high
school books should be Included In
its provisions.
Because, he said. It Is relieving
parent of ths responsibility they
should assume, Representative S.
L. Stewart. Polk county, is oppos
ing the measure and expressed
himself as being In positive dls
agreemen with the modern tendency
to shift upon the atat burdens
which rightfully belong to the In-dividual.
Cleveland, O., (IP) Police Chief
William O. BaiTowj of Cleveland
Heights, a suburb, issued a challenge
to any chief in the country for a
maicn on tne goir links. The chief
Is a consistent "80" shooter and an
array of golf trophies decorate his
office.
land the land is not an appurtenance to the water right.
Without the ownership of the land upon, or through, which
it can be applied to a beneficial use the water ha litrln nr
no value.
Congress is vested with the exclusive ritrht
to dispose of, and make all needful rules and reinilAtinn.
respecting, the public domain of the United States.
By conditions embodied in the enablinir net. nniW wiMi
Oregon was admitted into the Union as a state, the riirhr of
Congress to control and dispose of all public lands within the
state is expressly recognized. The state further bound itself
never to tax any of the land or nrooerties of the Tnitod
States. Nor can the states actjuire title to such lands through
the exercise of the power of eminent domain for they are
already held for the public purposes of the nation. The pow
er of eminent domain cannot be exercised by any state
without a suit at law or equity. The government' of the
United States is not suable in any court without its express
consent. There is no distinction between suits against the
government directly and suits against its property.
The Constitution vests in Concress the nower of dUm.
sition of, and for making all needful and regulations govern
ing, the public lands, and that power is subject to no limita
tions. Congress has the absolute right to prescribe the
times, the conditions and the mode of transferrins such
property, or any part of it. and to disiirnate the norann tn
whom the transfer shall be made. No state legislature can
nterfove with this right or embarrass its exorcise.
. Under the situation today the state appears to control
the water, and the federal government the land, necessary
for hydro-power development. As no water right can vest
unless the appropriator has lawfully acquired the right to use
the land necessary to its utilization, it would appear that the
Governor' hydro-electric commission bill, "as is", is doomed
to failure.
Having the water without the land Is like having a
match and nothing to light.
POLICE CHIEF
OF CORVALLIS
IS INDICTED
Corvallis, Ore. flP) A three week's
Investigation of crime tn Benton
county had resulted Tuesday in the
indictment of Chief of Police Henry
N. Robinson, Corvallis, for malfeas
ance and negligence In. office.
Chief Robinson's time for plea
was set for Saturday, February 21,
after his arraignment before Judge
Skipworth late Monday. He was
released on his own. recognizance.
Tne grand jury, In Its report,
commended Benton county and
Corvallis for general law observance
activities but charged that Chief
Robinson "has overlooked, lf cot
directly connived at, violations of
the liquor and gambling law3." The
jury said Robinson no doubt sought
political favor and allowed boot
leggers to trade unmolested. It was
recommended that the chief of po
lice be appointed by the mayor
rather than elected.
The Jury reported that It found
'the moral and ethical standards
of the Instructors and student body
at Oregon State college unusually
high."
Judge Sklpworth ordered the In
vestigation following revelations
made during the murder trial of
W. L. Henderson, who was convict
ed of manslaughter and sent to
prison for shooting E. B. Mills here
November 29.
CAPITAL FLORISTS
TAKE GREENHOUSES
Announcement Is made that John
W. "Jack" Barker and John A. Ol
son have taken over from C. F.
Brelthaupt, operation of the Salem
greenhouses at 15th and Market
streets, largest greenhouses in this
section of the valley, and will oper
ate them in the future under the
name of Capitol Florists. Brelthaupt
will continue to operate his retail
business downtown as In the past.
The new operators of the green
houses have taken a three-year lease
on them with an option to buy.
mere are over 30,000 square feet 0:
glass in this group of greenhouses
and the houses are now entirely
planted to various sorts of plants.
Barker has had charge of the same
greenhouses for Brelthaupt and lias
operated them for over 15 years.
Olson was formerly In the florist
business here with Clancy and later
Brelthaupt and (he past six years
has been a member of Salem fire
department.
As a new feature a big rockery
garden has been Installed at the
entrance of the main house, showing
a mountain scene, with falls and
stretfrns, a flagstone bridge, and the
streams emptying into a lake below.
Improvements ara being made In
the road, a new glass front being
put In, and the salesroom remodeled
and completely stocked.
Sulphur Heals Dp
Ugly Blemishes
AlmostOvernlght
Many Doctors Use It
Here's that wonderful compound of
Sulphur and other valuable medi
cinal agents so many doctors now
prescribe for the quick relief of
eruptions, rash, Itch or blotches on
face, neck, arms or body. Clears the
skin right up. Nothing has yet been
found to take its place. For the safe,
quick relief of Rash Scabies
Blemishes Chapping Rectal
Itch Pimples Ringworm
Itching of Enema Dandruff
Scales. Just get a small Jar of Row-
les Mentho Sulphur from any drug
gist and anoint the Infected areas
with it before going to bed. Suc
ceeds in clearing up skin even after
other ways have failed. Use what
doctors use Rowles Mentho Sul
phur, adv.
Check Them Right Now tor 35c
ALL DRUGGISTS SLL
Tsuruga, Japan, (IP) Tsuruga's
new harbor constructed at a cost of
more than 2.000,000 will be complet
ed In October, vastly Improving this
seaport, which Is the Japan ter
minus the ship lines from Vladivo
stok. Agricultural societies of the Irish
Free State have asked the govern
ment to Impose a tariff on all fore
ign agricultural produce. '
HOW I KID MYSELF OF
PSORIASIS
Write and I will tell you my own
story as to how I rid myself of this
disease without medical treatment,
salves or Injections.
r.O.a. f7. BI IIS, YitoAiM, Lone bUBi
Try Journal Want Ads
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and will not burn or blister.
t Ask for f
Ben-Gay
Accept No Substitute
Banking service
customers appreciate
Tho United State3 National solicits
your banking business with a
pledge that it will be handled with
accuracy, promptness, courtesy,
and a friendliness born of many
years' acquaintance with the peo
ple and concerns of this commun
ity. This bank has made friends be
cause of the constructive helpful
ness of its co-operation in all un
dertakings designed to bring pros
perity to the community and its
people. It has a personality and a
high standard which appeal to the
public as shown by steadily in
creasing deposits and business.
United States
National Bank
Salem. Oregon
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