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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