PAGE TEN
DALLY CAPITAL JOURNAL, SALEM, OREGON, SATURDAY, NOVEMBER 27, 1000.
MILWAUKIE RATE CAS
EME COURT
UP TO
Argument of Question of Constitutionality of Act Creating
Railroad Commission and Scope of Its Powers Is Made by
Counsel Before Higher Tribunal.
"That defendant has no power to
adjust rates on tho ground of unjust
discrimination except whore such dis
crimination appears In n difference in
chnrgos to shippers or to different
persons for a lllco and contempora
neous service and this does not In
duce discrimination its botwoen dif
ferent localities."
This is tho principal point of lawi
which has been raised on appeal from
tho decision of Judge Galloway, of
tho court of Marlon County, to tho
Sti promo Court, In tho caso of the
Portland Railway, Light and Power
Company, plaintiff and appollant, vs
tho Oregon Railroad Commission, do
fendant and respondent, nrgued and
submitted to tho Supromo Court yes
terday by Franklin T. Griffith, Ore
gon- City, and Frederick v. Ilolman,
Portland, for plaintiff, and Attorney
Gonoral Crawford, Clyde B. Altchlson
and Glltncr & Sowoil, for tho Com
mission. Tho suit was brought to en
join tho enforcement of an order of
Judge Galloway, making n reduction
in ho faro charged by tho railway
company between Milwaukee and
Portland.
"At common law, so long as tho
carrlors carrlod for all persons who
applied in tho order In which tho
goods woro delivered," tho Railway
company contends, "and tho charges
for transportation woro reasonable,
tho carriers woro not bound to make
tho samo charge to all persons alike
for th,o samo sorvlco, nor had ono lo
cality any right to complain of the
charges of a carrlor on tho ground
that ono locality was favored by the
carrlor with a lowor rato than that
given another locality.
"Inasmuch as at common law tho
court would bo without powor to ad
just discrimination botwoun localities,
it Is apparent that boforo tho Railroad
Commission can procood to ndjust
discriminations betwoon localities,
that powor so to do must bo confer
red upon It by tho legislature and
if tho powor to ndjitBt discrimination
as betweon localities has not boot,
grantod by the loglslaturo to tho Rail
road Commission, tho orders of tho
defendant based upon said alleged
discrimination botwoon localities
muBt necessarily bo hold void fdr
wont of jurisdiction.
"Assuming, but not conceding, that
tho loglslaturo has power to ndjust
discriminations botween localities and
that Buch power may bo delegated to
a commission, It 1b, wo believe, a. fun
damental rulo that tho intent to del
egate such power must appear by un
equivocal language or by necessary
implication.
"Wo contend that the power to ad-
Just discrimination betweon localities
has not been delegated to tho defend
ant by tho Railroad Commission Act
of 1907, from which act tho defend
ant derives all of Its powers.
"Tho powors to adjust discrimina
tions as botween localities not being
expressly granted to tho Oregon Com
mission, If the power exists at all, it
must bo found by necessary implica
tion, nnd tho defendant, recognizing
tho fact that Buch powor Js not ex
sage of tho Oregon Railroad Commls
slon Act and cannot now bo consider
ed against Milwaukio and Oak Grove,
"That if tho court should hold that
discrimination botween localities can
bo considered by tho defendant in ad
justing rates, It is contended by the
plaintiff that nuch discrimination
must appear to exist in a difference
in charges for substantially the same
service, under like and similar cir
cumstances and conditions, and that
if the service porformied which is
alleged to constitute a discrimination
is shown to be different In character
and the circumstances and conditions
surrounding such performance to be
dissimilar, tub charge of unjust dls
crimination must necessarily fail. In
these cases tho service to Milwaukio
and Oak Grove is dissimilar and ren
dered under substaltially different
circumstances and conditions to the
sorvlco to tho localities alleged to be
receiving an undue preference and ad
vantage,
"That the chief test as to reason
ableness of rates is whether or not
such rates furnish a reasonable return
upon the capital invested In the bus!
ness of tho carrier. That the main
tenance of existing rates is necessary
to furnish such reasonable return.
"That neither tho defendant nor
thjo court can speculate as to tho
probable offect upon the business of
the carrier duo to a reduction In fares
nor can the defendant nor the court
speculate as to thb probnble effect of
said reduction in fares upon the in
crease or decrease of population or
the Increase or decrease of tho value
pressly conferred upon It, claims that
.,-., ..I 1,., nnnnnnnnt. t tilt) lUUCUOi; Ul UCIVUDC Ul II1HJ YiUUU
SufStS? STof1,-' Properly in the affectd dls-
tlons 28, 30, nnd 55 of the Oregon
Act."
In suport of plaintiff's contentions
plaintiff relics upon the following
points:
"That defendant has no power to
adjust rates on tho ground of un
just discrimination except where such
discrimination appears in a difference
In charges to shlppors or to dlfforent
porsons for a Hko and contempora
neous service nnd this docs not In-
cludo discrimination as between dif
ferent localities.
"That tho rato of faro, five cents.
on plaintiff's Mt. Scott Division, from
First and Alder streets In Portland,
to tho town of Lents was made by
plaintiff's predecessor for a valuablo
consideration long prior to tho pas-
trict.
'That if any reduction should be
propor that an arbitrary cut of 50 per
cent, and 33 1-3 per cent, in exist
ing fares Is excessive, unjust, unrea
sonable and unwarranted."
"I have been usinir Cascarets for In
somnia, with which I have been afflicted
for twenty years, and I can sav that Cas
carets have given me more relief than any
other remedy I have ever tried. I shall
certainly recommend them to my friends
as being all that they are represented."
Thos. Gillard, Elgin, 111.
Pleasant. Palatable, Potent, Tasto Good.
Do Good. Never Sjlclten.tWeaken or Grim.
juc, ac, sue. Mover soiu in duiic,
ultio tablet stamped C C C.
euro or your money back.
Tho aron-
Quarantcod to
924
A Peculiar "Wrench.
Of the foot or anKlo may produce
a very serious sprain. A Bprain is
moro painful than a break. In all
sprains, cuts, burns and scalds, Bal
lard's Snow Liniment is the best
thing to ubo. Relieves the pain in
stantly, reduces swelling, is a per
fect antiseptic and heals rapidly.
Prlco 25c, 50c and 51.00. Sold
by nil druggists.
o
When a woman goes calling she
thinks Bho is 'lucky if she finds her
friends out, but when a man goes
calling ho wants to find people at
homo; ho wants to see them.
CANDIDATES' CARDS
FOR GOVERNOR.
Ignoranco and supcistltion com
bined with intenso selfishness con
a' J t -.ilea the greatest otis".-.q with
which civilization haa lo ontnil.
ni:lson
P. S. I bolievo a candidate for Gov
otnor should agree to dc-ai the imi-
sulutional salary only.
Classified Ads .
Won't Slight a. Good Friend.
"If over I need a cough medicine
again I know what to get," declares
Mrs. A. L. Alley of Beals, Me., "for
after using ten bottles of Dr. King's
Now Discovery and seeing its excel
lent results in my own family and
others, I am convinced it is the best
medicine made for coughs, corns and
lung trouble." Every ono who tries
it feels just that way. Relief is lelt
at once and its quick euro surprises
you. For bronchitis, asthma, hem
orrhage, croup, la grippe, sore throat,
pain in chest or lungs, it is supreme
50c and SI. Trial bottle free. Guar
anteed by J. C. Perry.
nffmllMB T)flntf"rREh'CH FEHALE
mvmumm pills.
Jl 8i?, Crtjix Biutr for Sumuuns Umnaunoir.
NEVER KNOWN TO FAIL 8fll Sor.l Srtcdrl sui
fiction (luuuteed or iloner Refunded. Bent vrenald
for 11.00 per box. Will tend them on trial, to b paid for
when relTtTcd. Saroplea Free. JfyourdnmUtdoanot
m. tu.ua .vuvj jvui Ul UCI . iq iuf
UNITED MEDICAL CO.. BOX T4. UncmTIK. Pa.
Sold In Salem by Dr. S. C. Stun a
CASTOR I A
For Infants and Children.
Tho Kind You Havo Always Bought
Bears tho
Signature of
Capital Journal "Want Ads" Bring
Quick Results
One cent a word for first Insertion.
Dne-half cent a word for each insertion
thereafter. No adrertlsement taken 'or
lesi than 25c Ount six worda to the
line.
PAINTERS. PAPER HANGERS
PAINTER AND PAPER HANGER
Estimates made end first chuss
work dona I. D. Driver, 617
North Capital etret, Salem, Or.
Phono 026. 6-36-tf
FOR SALE.
FOR SALE Good 1 H. P. Staves
gasoline engine, cheap. Inquire
at 178 South Liberty St. 6-22-tf.
FOR SALE Threshing outfit, con
sists of 20-Lorscpower double cy
linder engine and 36-CO Reed's
separator, all of tho latest make.
There is a Parson'a feeder. Per
fection vclghor and Farmer's
Friend blower. Price reasonable
and terms easy. Apply to J. J.
Langmack, Albany. Home phono
1852. 6-21-ltf
FOR SALE OR TRADE For Salem
property, 60 acres, partly im
proved; adjoins town, 344 State
atreet. 10-15tf
FOR SajjE Good 4-roomed house;
lot 74x75; $600. Ten acres close
to Oregon Electric, $1,000. Good
6-roomed house, newly painted
and papered, for rest; $6 per
montn. pnone E. C. MInton, 1649
ll-:25-tf
KENNEDY & PORTER ISO Liber
ty street Phono 485. Dealers In
Oregon Siohna (Salom. - mode)
paint, wallpaper and all interior
furnishings. Painting, papering,
and all manner of interior work
done prompt!" in first class style
at moderate prices. 8-5-tf
BAKERS.
CAPITAL BAKERS Bread, cake,
ploa, and all klndo of pas trios,
cookios, otc. Watch for our wag
on. Phone 954. Radeck &
Smith. 11-19-tf
BUTTERNUT BREAD It la worth
more than any other bread, yot
tho price is no higher. For sale
at your grocer's. California Bak
ery, Thomas & Cooler, Props.
DRAYMEN.
FOR SALE Oliver tvnewrlter No.
5; been used but little. A bargain
if sold soon. Address "E.," care
Journal. 11-2 G-3t
FOR SALE Good dry fir wood. Call
at 24th and Oak street or phono
649. ll-26-3t
WANTED.
Phone the ButcherQuick!
What Butcher? E. G. Cross & Son,
of course; we always get the best
meat there. It isn't necessary to go
down to the market these warm days.
Just call Main 291 and tell them to
send you a nice steak, roast, boil or
anything you want in the meat line
and It will reach you on time and in
first class condition.
E Jhk iw
TaT
JL aft Ma hSs
NEW
:i SAVE YOUR RENT AND
;! BUY A HOME
t't l
$1500 Buys a 7-room houso, good barn, six lots, nonr school and
car lino; $500 cash and $10 por month on balance.
$2300 Six-room, strictly modom dwelling, nico lot, lino location;
$300 caBh and $20 por month on balance.
$1050 Four-room bungalow, corner lot with
cash, Imlnnco $10 por month.
oast front; $200
Farm Snaps
86 ncros, Iioubq and barn, two miles from Llborty, lays slightly
rolling, flnoat kind of fruit land; $50 nn aero if Bold this woek.
Business Property
It will pay you to lnvostlgnto our business properties; olthor with
brlok bulldlnp or vacant grounds; savornl good opportunities
for Mr, Investor. Sod us for particulars nnd terms.
H. A. Johnson & Co.
Murphy Block Salem, Oregon
2 nrtr .V
i
SEE
GEO. O. SAVAGE f
For farms and city
property
I 135 S. Commercial St f
9
I Quick Returns Follow Good Investments
1IHIIK ARB SOMK THAT ARK RIGHT.
FJuo building lot on 17th street, botven Stnto and Court, $550
'Lot close in on Chomokota street, $760.
Two good lots iu North Salom, near muto sdhool, high and dry,
boarlng orchard, on gradod street, olty water, bargain at $175
OAOh, $10 down, $5 per month.
Tho FrauooBCo Seoloy homo In Yew Park, ono of tho most artistlo.
r'aaldenooa Ju tho city, offerod at a bHDgnln.
SMITH-GILLINGHAM CO.
Aro You Looking for a Home?
05 Acres.
All oxtra lino land, in sight of Sa
lorn, good 9-room house, hot and
cold wator, 2 barns, 20 acres
Just oglbnning to bear, 3 acros
young Royal Ann cherries and all
kinds of small fruits; best homo lu
3 miles of Salem. Investigate.
O Acres.
Within half mile of West Salom de
pot,- lino now 6-room houso, now
barn, now fonco; buildings cost
2500; only $3.00fl for a few days
15 Acres.
Now C-room house, new barn, fruits,
etc, within one mllo of the capitol
..ouuuing, only ?uuuo.
100 Acres.
70 in cultivation, 30 acres timber,
oniy 94UQO.
Six Room Bungalow.
Now fino, modorn 6-room bungalow,
cioso in, a snap, $2700.
Now 7-Itoom House.
.Largo lot, fruit, otc. $1800.
Wo also havu tho cholcost vacant lota
in tho city.
Fruit Tracts.
aomo choice unimproved tracts of
inna ciobo m. wo havo somo flno
lnsldo buslnoss proporty at a bai
galn. If you want anything In this
country boo
A. a SMITH CO.
Room" B44 fltato St Phono 1G07
v
for Sale
20 acres 2 miles northeast
of Salom; flno soli, and located
good to cut into 5-acro tracts.
CO acroa tlmbor land; will
A out avor auuu corus or wood;
only $20 por acre.
I Derby SWillson
FOR SALE.
A good 160-acre farm 3 miles from
Salom; good buildings, running
water whole pear, and some tim
ber; 50 acres In cultivation: fam
ily orchard. Can bo bought cheap.
A good 16-acro tract 4 miles out of
baiem; C acres In cultivation;
good houso and barn; good woll;
somo fruit; good place. $2,250.
40-acre farm, house and barn; good
well; tho place is in cultivation.
just out of town. Price $125 per
acre.
52 acres, 25 acres in cultivation, bal
ance timber and stumps. Piico
$55 per acre.
Wo also havo plenty of city property;
good bargains. Como and see
J. O. SCHULZ & CO.
490 State Street Salem, Oregon
Union Land Co.
, Newport, Oregon. "
Population and proporty value treb
ling every year. The next 3 years is
tho time ronsonnbly-prlced lota can
bo purchased.
LOTS AND BLOCKS FOR SALE IN
ALL PARTS OF THE CITY.
If required, buildings erected on
any proporty sold. Correspondence
solicited.
J. A. 0LSS0N, Mgr.
Nowprt Oregon.
WANTED At once, three sawmill
men, two men at $2.25 per day,
one man at $3 per day. A. C.
Smith & Co., 54 State street.
10- 30-tf
WANTED Girl to do housework in
small family. Must be competent.
Phone 654. ll-26-3t
WANTED HousekeepjOr. Middle
aged lady preferred. Phone 52.
11- 26-tf
MISCELLANEOUS.
COAL OIL, GASOLINE And Dis
tolate delivered to private families
In any quantity, to any part of the
city. Starr Oil Co. Phono 1729.
9-15-tf
EXPRESS WAGON General dray
ing. Furniture and piano mov
ing. Phono Main 465. Fred
Schlndler, 365 State street. Horse
for sale. 8-12-tf
SALEM TRANSFER CO. Succes
sors to Cummins Tranfer Co. All
kinds of transfer work done.
Furniture moved and pianos boxed
ready to ship. Prompt Bervico
our motto, 253 South Commercial
street. Phone 210. 10-13-tf
BUSINESS CARDS.
BUTTE & WENDEROTH Fine
winei, liquors and cigars. We han
dle tho celebrated Kellogg and
Castle whiskies. Cool and ro--reshing
beer constantly on draught
South Commercial St. 9-3-lyr
SALEM WATER COMPANY Offlco,
city nan. jvor wator service apply
at office. Bills payable monthly
In advance.
G, F, MASON BOX COMPANY
J47 Miliur street, South Salem,
manufacturers of all kinds of
boxes, cratea and fruit dryer ac
cessories. Phone 308. tf
DOCTORS.
DR. H. S. STONE, it. C, CHIRO
PRACTOR Spine and nerve
specialist. Rooms 4, 5, 6, D'Arcy
building. Phono Main 87, Salem,
Oregon. 4-28-tf
The approach of Christmas excites
a storekeeper as much as the ap
proach of election lexcltesa. politician
o
It isn't difficult to strengthen a
weak stomach If one goes at it cor
rectly. And this is true of the heart
and kidneys. Tho old-fashionedf way
of dosing tho stomach or stimulating
the heart or kidneys is surely wrong
Dr. Shoop first pointed out this er
ror. "Go to tho weak or ailing
nerves of these organs,' said h'e.
Each inside organ has its controlling
or "inside nerve. ' When these
nerves fall then those organs mut
surely jtaltor. The vital truth is lead
ing druggists everywhere to dispense
and recommend Dr. Shoop's Restor
ative. A ow days' test will surely
toll! Sold by Capital Drug Store.
FRANK E. CHURCHILL Represen
tative of tho Western Conservatory
of Music, of Chicago, in this city,
will resume classes in piano, har
mony, theory, sight reading, etc.,
on and after September 20. Stu
dio opera house building, room 9.
Phone 1100. Pupils may receive
lessons either in their home or at
the studio. 9-ll-3m
LIVERY STABLE.
LIVERY AND FEED STABLES
Old Postofflce stables, at 254 Fer
ry etreot, botwoon Commercial
and Front. Telephone 188. Some
of tho finest livclrles in tho city
an be found hero. W. W. John
son. tc
OSTEOPATH.
Men probably gossip as much as
n t DR. B, H. WHITE,
Osteopath and Nerve Specialist. Grad
uate of the American School of
Osteopathy, Kirksville, Mo., 1902.
Post-graduate and specialized in
nervous diseases at Los Angeles.
College. 1909. Treats acute and
chronic diseases. Consultation
free. Office 17-18 Breyman Bldg.
Phono 859. Residence 346 North
Capitol St.; phone 469. 8-30-tf
PLUMBERS.
women, but forget a "story" sooner' thwo r n a tt , , T"
than women,. Women will talk about Sl11, iot
ning, 164 Comorclal street. Phono
Main 192. 9-1-ly
ELLIS & WOOD Real estate.
loans and insurance, notary pub
lic, employment bureau. Phone
554. 476 Court street, Salom, Ore
gon. Tlckot offlco Hamburg-Amor
lean steamship lines. 11-1-lyr
HKCHTEL A HYNON'S BARGAINS.
FARMS ORCHARDS
CITY PROPERTY
My list may contain exactly what
you want T. O. JORY,
SOS Com'l St, Salem, Or.
B lots at $75 each. Ensy terms.
1 lot closo to oar lino for only $150
$5 down. $5 per month.
1 lot on good corner for $250. Easy
terms.
1 lot on North Commercial for $250.
101s on oar lino in North Salom.
$400 each.
1 lot on Nob Hill. $400. Easy terms.
1 lot on Stnto noar 14th, for $950.
A splendid buy Is ono wo havo on
State street. Two houses and 100
x300-foot lot, only $3000. State
stroat property Is going up.
WW hava a Ana list of farms to
ohoosa from. Drop in and let us
know your wants.
HHOHTHL ,fc 1UWON,
Telephone 462.
547 8tat street around Floor
a story" 20 years, whereas men hr
ually forget It in a week, nnd look for
sometuing now.
0
ncKung, ngnt coughs can be
surely and quickly loosened with k
prescription druggists are dispensing
everywhere as Dr. Shoop's Cough
Remedy. And It Is so very differ
ent than common cough medicines.
No opium, no chloroform, absolute
ly nothing hnrsh or unsafe. The
tender lenves of a harmless, lung
healing mountainous shrub gives
tho tho curative properties to Dr.
bnoop's Cough Remedy. Those leaves
ve the powor to calm the most dls
tttslng cough and to sootho nnd
ja tho most sensitive bronchial
ombrano. Mothers should, for safe
ty's sake alone, always demand Dr.
Shoop's. It can with porfect free
dom bo given to even the youngest
babos. Tost It for yourself nnd see.
Sold by Capital Drug Store.
OTTO MUELLHAUPT Plumbing,
heating, gas mting; prices reas
onable; work guaranteed; eatl
nitHfl.f ira,naod. Phone 87S.
1066 Chomeketa street. 4-17-tf
TONSORIAL.
H. O. MEYER & CO. Tho best and
largest shop in the city. Six
first class barbers. Only first clat
bootblack In city; porcelain baths,
and everything pertaining to a first
class shop. Also carry a full lino
of cigars and tobacco and barbers'
supplies. 162 Commercial street,
noxt door to Statesman offlco.
4-6-tf
LODGE DIRECTORY.
HODERN WOODMEN OF AMERICA
Oregon Cedar Camp No. 6246.
Meets ovory Thursday evening at
8 o'clock In Holman hall 5!
Banber, V. 0.; F, a. Turnor e
nwumwiiiiBMiiHiiiraiiii m ,
CmCHESTERSPJLLS
AiUjra.r tlruosUtfcr
A- ff
r
WOODMEN OF WORLD Meet ev-
7 Tiaay night at 7:30 o'clock
In Holman hall. L. W. AchesonC
P.; L. H. Fletcher. Clerk. l-io-o
No Case on Record,
Thero is no case on record of a
cough or cold resulting in pneumo
nia or consumption after Pni'.
Honey and Tar has been taken, as It
will stop your cough and break up
your cold qulokly. Refuse any but
the genuine Foley's Honev nnrt m
In a yellow package. Contain-
opiate and is safe and sure. J 0
Perry.