April 23, 1890

AN EARNEST REMONSTRANCE
No Street Car Line Should Be Allowed on Front Street.
Portland, Or., April 16
    To the Honorable the Mayor and Common Council of the City of Portland:-Whereas, the Multnomah Street Railway Company has applied for a franchise for a single or double track railroad on Front street from Washington to Morrison street, the undersigned earnestly protest against the grant of a franchise to any street railway company for the use of said street, as being wholly unnecessary to the public convenience; destructive to the commercial interests of the city, and calculated to obstruct the travel and business now confined to those limits.
            PROPERTY OWNERS
The following is a list of owners of property along the line of the proposed street railway:
Donald Macleay, block 77, 75 feet; block 2, 25 feet, 125 feet.
Estate of M.S. Burrell by W.F. Burrell, executor, lot 2, block 78, 50 feet.
H.W. Corbett, by H.J. Corbett, attorney in fact, lot 4, block 78, 50 feet.
Estate of Eila M. Smith, by Henry Failing, executor, 50 feet.
Rachel H. Holman, by Fred V. Holman, her attorney, in fact?, S-- lot 3, block 78, 25 feet.
Amanda W. Reed, by S.G. Reed, 25 ft cor Front and Morrison, 25 feet.
R. Williams, 50 feet.
B. Killin, agent for owner of lot 1, block 78, 50 feet.
R.L. Hawthorne, ---- lot 4, block 1, 25 feet.
Louise H. Hawthorne, ---- lot 3, block 1, 25 feet.
Smith & Woodward, lots 3 and 4, block 39, 100 feet.
W.K., W.V. and P.C. Smith, lot 1, block 1, 50 feet.
W.V. and P.C. Smith, lots 3 and 4, block 79, 100 feet.
W.V. Smith, lot 2, block 79, 50 feet.
        MERCANTILE COMMUNITY
    The following list consists of members of the mercantile community: Corbitt & Macleay, Bank of Brititsh Columbia, George Good, manager; Portland Shipping Co., W.S. Sibson, president; W.F. Burrell, Page & Son, Mark Levy & Co., Everding & Farrell, Hexter, May & Co., Cobleni? & Levy, John B. Cronin, H.E. Battin & Co., Mark L. Cohn & Co., Eamond Hotel, Jennings Bros., Habighorat & Conant, A.T. Webb & Co., The Brunswick B.C. Co., B.N. Bowman, Johnson & Lawrence, Leonard & Ellis, A. Ferrera, G.G. Wickson & Co., S.G. Brown, Manager; Palmer & Roy, E.W. Palmer, manager; Ladd & Tilton, H.T. Hudson, Marx & Jorgenson, James Laidlaw, Mason, Eherman & Co., M.W. Henderson, Fred Bickel, L.H. Parker, Williamette Iron Works, W.T. Stephens, secretary; W.T. Stephens, Amos & Detrick, Geo. Woodward, W.K. Smith, P.C. Smith, W.V. Smith, Lang & Co., Frank Bros., Imp--t Co., Whittier, Fuller & Co., D.W. Crowley & Co., Snell, Heitahu & Woodward, S.G. Reed, T.F. Osborn, W.C. Noon & Co., Chas. H. Dodd & Co., W. McFall, J.M. Frazer, James Flower, G.T. Donner, P. Holbrook, C.F. Bunker & Son, Borrow & Lockwood, Wm. Plunder? & Co., C.E.S. Wood, George Ainslle, Chas. F. Beebe, F.K. Arnold, K. Stephan, Russell & MacLeod, E.C. Masten, Herbert Folger, E.R. Behlow, G.A. Mooney, L.L. Hawkins, E. Quackenbush, F.E. Beech, W.F. Bowers & Co., Boston Rubber Shoe Co., John Clark & Co., Levy, Spiegl & Co., George Lawrence, Frank Bros. Implement Co., Chas. Hegele & Co., Chas. Kohn & Co., Canning, Wallace & Co., Aki-- Selling & Co., Bernheim & Manner, H.F. Wolfe, Oliphant & Co., Zan Bros., Williams & Groat, Koshland Bros. and Co., J. McCraken & Co., Allen & Lewis, C.H. Lewis, Geo. H. Flanders, Jos. Wagner & Co., M. Seller & Co., Eshberg, Bachman & Co., Wasserman & Co., Killen, Starr & Thomas, R. Koebler, Brown & McCabe, Kosterman & Co., The parke and Dacy Machinery Co., S. Gordon.

A LIEN ON THE VESSEL
An Important Decision Rendered by Judge Deady Yesterday.
United States District Court, District of Oregon.
The S.S. Oregon-John Simpson libellant-The Oregon Short Line & Utah Northery Ry. Co., claimant.
    Exceptions to the libel of James Laidlaw, administrator of Charles Austin and Matthew Reed deceased, intervening for his interest in said vessel, as such administration.
    DEADY, J.
    Austin and Reed, seamen on the Clan Mackenzie, were killed in a collision that occurred between that vessel and the steamship Oregon, on the Columbia river, on the night of December 26, 1889.
    The master of the Mackenzie, John Simpson, has brought suit in this court against the steamship to recover damages for the injury sustained by the collision, alleging that it was caused by the negligences of the persons in charge of the latter, in which suit the administrator has intervened. HELD-
    That under the Oregon Statute (Comp. 1887, ---), giving a right of action to the administrator for the death of a person, caused by the wrongful act or omission of another, in cases where the deceased, had he lived, might have maintained an action for an injury caused by the same act or omission, an administrator might maintain a suit in admiralty to recover damages for the death of his intestate. The Harrisburg, 119 U.S., 199; The Alaska, 130 U.S., 201.
    That a person injured by a marine tort-a tort committed on a navigable river of the United States-has a lion upon the offending vessel for the damages he is entitled to recover for such injury. The Rock Island bridge, 6 Wall, 215; the Avon, 1 Brown, 170.
    That by the law of the state the administrator having the same right to maintain an action for the death of his intestate as the latter would have for an injury caused by the same act or omission, if he had lived, it follows, in my judgment, that he has, as an incident of such right, a lien upon the offending vessel for the amount of the damages he may recover in such action;
    That the administrator has such lion also by virtue of the Oregon statute (Comp., 1887 --- 3590_, which gives a lien on "Every boat or vessel used in navigating the waters of this state"* * * for damages or injuries to persons or property by such boat or vessel; for the law being a maritime one, the state may give a lien in favor of the injured party when it occurs within its jurisdiction. That the administrator in this case may intervene in any suit brought against the offending vessel for an injury to person or property caused by the wrongful act or omission that resulted in the death of his intestate, and may join in his libel claims for the death of both Austin and Reed. 
    That under the admiralty rule 34, the administrator may file his libel in the clerk's office and then apply to the court for an order requiring the claimant  to answer the same, and such claimant may thereupon take such exceptions or make such defence thereto as by the course of admiralty proceedings he is entitled to.
Mr. C.E.S. Wood for the libellant.
Mr. Zera Snow for the claimant

 

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