East Oregonian : E.O. (Pendleton, OR) 1888-current, 1916-08-02
PORT DISTRICT is ABANDONED,
Continued from page oneJ

neys acting for the demonstrators
presented their arguments to thel
county court, contending that the for
nation of such a district would be
both illegal and inequitable,
Besides a remonsuance filed by
the O.-W. r. & N. and the Northern
Pacific and one by Jay Bowerman of
Portland former acting governor, al
remonstrance was filed by voters and
property owners of the proposed dis
trict. This remonstrance contains
$50 names, Of this number asa are
said to be legal voters in the proposed
district and the others owners of land
affected OF the 4S4, it is the claim
of the demonstrators, 255 are regis
tered voters,
The petitions, filed several weeks
ago asking for an election to decide
whether or not the district should be
created, there were so names. OF
this number 26 have signed the re-
monstrance and 13, according to the
demonstrators, are not registered in
the district Thus, they contend,
there are only Il registered voters
asking for the district against 255|
registered voters objecting to it.
Legal objections Raised.
j. H. Raley, who was one Of the at
torneys for the rem n0nstrators and who
made the argument this morning,
contended strongly that the port law
of Oregon does not in letter or spirit
permit the formation of such a dis
trict as is proposed.
He quoted from the law to the ef-
feet that port districts could be ere
ated on streams navigable from the
sea" and contended that those words
were placed there deliberately to de-
fine the limits of the application of
the law. In other words, he con-
tended that ports must be located
only where they may be accessible to-
sea-going craft. He maintained that
Umatilla is not so situated because
the Cello Falls is natural barrier
Only by artificial means namely the
building Of the Cello canal, has made
continuous navigation on the river
possible and the Columbia is not,
therefore, a navigable stream in the
sense that the law means, he con-
tended. He spent mucn time in ex-
planning this point to the court and
filed an argument with the court. He
also read from the remonstrance of
Jay Bowerman who, as an attorney,
contended that the law was meant
only to apply to such ports as could
be formed on tidewater.
Col. Raley also contended that the
primary object of the proposed for
nation of district is to build d road
and not to build a port. He read
the port law and its amendments.
one amendment permitted the build
ing of railroads and the attorney con-
tended, even if this could be inter-
preted to include wagon or truck
roads such purpose could only be in
cidental and not primary.
The remonstrances have no legal
ClISCL but WtiG Ll6u 70 give " llS
court some evidence of the sentiment
among those affected. Col. Raley
contended that it is within the pow
er of the court, if they are shown
conclusively that the proposed elec-
ton would only result in the defeat
! of the project and put the county to
unnecessary expense, to refuse to call
it. Moreover, he contended there is
no equity In the law which permits
only voters within the proposed dis
trict to cast ballots and excludes non
resident property owners who must
pay portion of the tax levied.
Arthur Spencer, ,O.-W. R. & N.
attorney, also made an argument
against the plan.