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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 6, 1903)
lOr THE MORNING OKEGGNIAN, WEDNESDAY, APEIL' 6, 1903. HOW LONG HOLD UP? Under Referendum, When Will People Vote on Fair? 4 PUZZLING QUESTIONS RAISED Deubt Ift Expressed as to Constitu tionality of Special Election Act Which Might Postpone Vote to Jane, 1004. If the Lewis and Clark appropriation Is to be submitted to referendum, can the people vote on it before June, ISM? Some persons believe that the appropria tion would be held up that long. Other persons believe that It would not, because the Legislature at the -last ses sion passed an act for a special election, should a referendum be required. But the question arises. Is the act constitutional? Again, if the act is constitutional, may It not be submitted to referendum as well as the appropriation bill? Again, can a petition for referendum be filed with the Secretary of State before May 21? All the above questions are fraught with Immense interest and concern to the Lewis and Clark. Fair. If the state ap propriation cannot be made available until after the general elections in June, 1904, less than one year will be left to prepare the state's part of the Exposition. Mani festly, this work cannot be done In so short a time. Besides, the directors of the Fair will not go ahead with their part of tho Exposition because of the uncertainty of the election. All their plans have been formed on a scale toward which the state was to co-operate. Therefore, if the election on the appro priation is not to be held until June, ISM, and if the Fair is to be held in 1S05, near ly all the preparatory and construction work will probably lave to be done In less than one year. This would be manifestly impossible, and postponement of the Ex position until 1906 might be necessary. The Legislature meant to avoid such delay by enacting a law for a special election on the appropriation, should a referendum be required. The act directs the Governor to call, within 30 days after the petitions for referendum have been received, a special election to be held within 90 days after the proclamation. The constitutionality of this act was In doubt when the bill was prepared, and now the doubt is revived. Referendum on the portage road, the Eddy corporation tax or any other act would not be held until June, 1901, because the act for a special election applies only to the Fair. Is the Amendment Invalid? All the questions at the lead of this ar ticle are based on the constitutionality of the initiative and referendum amendment. If that amendment Is invalid, they will melt away like fog before the sunshine. And many lawyers believe that the Su preme Court will shed the sunshlne if called upon to do so. Their belief is based chiefly on the fact that tho initiative and referendum amendment was adopted while other amendments were pending, and also on other Inconsistencies between the amendment and the constitution. W. S. U'Ren. of Oregon City, father of the Initiative and referendum, believes that the Governor Is inhibited from call ing a special election on the Fair appro priation. Mr. U'Ren Is father alsoof the act passed at the last Legislature session, prescribing the method of procedure for the initiative or referendum. He believes that no petition for the referendum can be prepared and filed with the. Secretary of State until 90 days after the close of the Legislative session; that is until May 2L Mr. TJ'Ren's reason for his first opinion is this: The power to order a special elec tion for referendum Is vested in the Leg islature alone; therefore, the Legislature cannot delegate this power to the Gov ernor. Mr. U'Ren's reason for his second opin ion is this: The Government "shall be guided by the general laws and the act submitting this amendment until legisla tion shall be especially provided therefor," as to the initiative and referendum; at the last session of the Legislature an act was passed making effective the initiative and referendum; this act will not become operative until May 21; therefore, peti tions cannot be prepared and filed until after the act becomes operative, because legislation has' been especially provided lor. The response to the argument that the Governor cannot call a special election Is this: Special Election Argument The Legislature has ordered a special election should a referendum be required. That body has ordered an election under a certain contingency, and has delegated to the Governor the power merely to fix the date of- the election. Tho grant of a power to the Governor is a Legislative function. . "There Is no constitutional reason," says tho American and English cyclopedia of law, "why Legislative functions which are merely administrative or executive in their character, should not be delegated by that branch' of the Government tb other departments or to bodies created by It for that purpose." A number of prom inent lawyers took this view yesterday. In cluding F. V. Holman, who referred to the above authority. "A distinction is drawn," the cyclopedia continued, "between a delegation of pow er to make the law, involving necessarily a discretion as to what it should be and a grant of authority relative to the admin istration of the law or its discretionary function." The opinion that no petitions can be prepared or filed until May 21 is met with the following argument: No "legislation has been especially pro vided" because the .act passed at the last Legislative session" lias not yet passed through all the processes necessary for a law. Therefore, the initiative .and refer endum Is Just as operative as it was be fore the Legislature jnet, because the amendment contains provisions for mak ing it effective, aa follows: "In submitting the same (petitions and orders for the in lnltlatlve and the referendum) ho (the Secretary of State) and all other .officers shall be guided by the general laws and the act submitting this amendment until legislation ehall be especially provided therefor." "VIEWS OF "W. S. U'REN". Father of Initiative and Referendum Explains His Measure. OREGON CITY. Or., May E. (To the Editor.) I beg to suggest, through The Oregonlan, to those voters who want any act of the last Legislature referred to the people, that before spending time or money in circulating petitions, it will be worth their while to consult counsel on the following questions. If they have not already done so: Can the Governor legally call a special election on the appropriation 1)111 for the Lewis and Clark Fair? Can any petition for the referendum be prepared and filed with the Secretary of State until after the period of 90 days from the close of the last session of the Legis lative Assembly? I "believe the constitution, including the provisions of the initiative and referendum amendment, answer No to both ques tions. Tho amendment allows the referendum to be ordered "either "by petition, signed by 5 per cent of the legal voters, or by the Legislative Assembly, as other bills are enacted," and provides that "all elec tions on measures referred to the people of the state .shall be had at the regular general "biennial elections, except whes the Legislative Assembly shalL order a special election." Tho Legislative As sembly did not order a special election, but tried to authorize the Governor to-do so, if 5 per cent of the voters should file a referendum petition. The Legislature cannot delegate this power either to the Governor or to the DeoDle. The question of special elections was carefully consid ered by the direct legislation committee at the time the amendment was, drawn. It was estimated that a special election would cost from $35,000 to 540,000, and It was unanimously agreed that the Legislative Assembly alone should have the ' power and -bear the responsibility for such an ex pense. One of the "principal oojecuons urged against the referendum was the ex pense of elections. The authors of the amendment sought to avoid any extraor dinary expense, unless "it should be or dered by the Legislature, and it seems to the writer that the language used , ex presses that intention very clearly. If this is the true construction of this provision, no- special election can now be called without a special session of the Legislature. There is a very great dif ference between the power of the Legis lature tb do a thing itself, and the power to allow somebody elso to do it. If still .another somebody else asks to have it done. As to the second question: The amend ment provides that the Secretary of State "and all other officers, shall be guided by the general laws and the act submit ting this amendment, until legislation shall be especially provided therefor" In submitting measures to the people. Legis lation has been especially provided for the operation of this amendment (see general laws of 1903, page 244) by "an act making effective the initiative and refer endum provisions of section 1, of article IV of the constitution of the State of Oregon, and regulating elections there under." The fact that this act does not become operative until May 2L because the constitution holds It up until that date, it seems to the writer does not alter the other fact that legislation has been "especially provided therefor" as the amendment contemplated. If the Legislature had not provided any legislation especially for the operation of tho amendment, we should have a very different question to answer. But the leg islation having been provided, it seems very clear that no petition for the ref erendum or the initiative can be pre pared and filed until that law goes Into operation on May 2L W. S. UREN. UTOPIA FOR NEGRO: Tale Student Asked to Become Head of Republic in Haytl. NEW YORK. May 6. William Pickens, a negro who won the Junior exhibition prize at Yale, has been asked to become the head of a new Afro-American republic to be established In Haytl, says a World dispatch from New Haven, Conn. In his oration, which won the prize, Pickens dis cussed Haytl's freedom and declared against it. The scheme la to effect a conquest of the Island of Haytl by American negroes and to set up a government Utopian In char acter. The junta of the movement Is at Sturgls, Ky., and the correspondent of the society is N. L. Musgrove. He asks that Mr. Pickens act as secretary and board member in this section, and says that the Yale man would eventually be chosen as president of the society. It Is also sug gested that he take the lecture platform and raise funds for the organization. Mr. Pickens, when seen, said that he had the matter under consideration and would seek advice before enlisting his services in the movement. In discussing the plan he said: "Innovations and novelties In the meth ods of government are proposed, after Haytl has been overcome. While the gov ernment would be republican In its politi cal formation. It would be administered as a gigantic corporation, of which all members of the society would be stock holders. All land titles and franchises are to be vested in the state. All dan gerous and Incorrigible criminals will be provisioned and set adrift on the sea to seek other shores: "Agriculture, manufacturing and all other profitable Industries are to be en couraged. Public schools are to be estab lished, and liberty is to be widespread, but the rights of each individual are to be bounded by the equal rights of every other." TO ASSIST WORTHY POOR Philanthropic Pavrnbroklnjc Enter prise of Prominent Ministers. NEW YORK, MaylL Thomas M. Mul ry, president of the St. Vincent de Paul Society; the Rev. Dr. David James Bur rell, of the Marble Collegiate Church; the' Rev. Alex. P. Doyle, of the Paullst Fath ers; E. F. Cragln. Robert B. Miller, and others, are backing a philanthropic pawn broking enterprise, in which they hope to embark soon, after a bill incorporat ing the Personal Property Loan Company shall be signed, with a capital of 510,000. One hundred thousand dollars has been pledged to start the business. The Incorporators aim to establish a system of pawnshops, nonsectarian In character, but in touch with church In terests, so that the worthy poor may be assisted. The company is to charge only Vt of 1 per cent interest a month on loans. In view of this low interest charge, the bill says the city officials shall re cord all chattel mortgages, bills of sale and the like free of charge. YALE BREAKS TIE AT LAST Defeat Princeton on Debate After XI ne Years of Argument. NEW HAVEN, Conn., May 5. Yale broke her tie last night with. Princeton in debate, making the score, after nine years of argument, stand: Yale S. Princeton 4. At last night's debate Yale had the affirmative on a resolution de claring that the Senate should adopt the cloture rule. The Yale speakers were: Walter M. Adrlance, St Louis; Robert S. BInkers, Brooklyn, and J. N. Pierce, Brockton. The Princeton debating team was: Thomas R. Good. Denver; Arthur P. Scott, Chicago, and A. J. Byles. Titus vllle. Pa. President Arthur T. Hadley, of Yale, presided. The judges were John G, Car lisle, of Kentucky, a former Speaker of the House of Representatives; Francis. L. Stetson and Charles G. Burllngham.prom lnent New York lawyers. It Is the first debate Yale, has won in two years. NEW PATENT TIME FUSE German Watch nm leer Sells His In vention for Large Sum. j BERLIN, May 5. A watchmaker named Fritz has sold a mechanical time fuse for projectiles to the Krupp Company for $50, 000 and a royalty of 25 cents for each de vice used. The Schneiders of France have acquired the rights for Latin countries, and Vickers' Sons and Maxim have se cured the rights for the United States and Great Britain. The mechanism can be ad justed so as to explode in an astonishing ly short time, at long distances and im mediately penetrating a resisting sub stance, such as a ship's armor plate or a fortification walL The new fuse Is re garded as being especially useful in ex ploding shrapnell shells. IOW-RATB OCEAX TRIP. O. R. &. X. Does tie Handsome Tains for Bisr Presbyterian Assembly. Those who expect to attend' the Presby terian General Assembly at Los Angeles May 23-June 2. will bo Interested In know ing that the O. R. & N. has made tho 'low round-trip rate from Portland by steam ship of $33 cabin passage. Tickets will be sold for the steamship Elder, sailing May 12, and for the steamship Columiba, sailing May 17, limited for sailing from San Fran cisco not later than -July IS. Particulars can be obtained by asking at the O. R & N. dry ticket office. Third and Washing ton -streets, fortland. A. C. PALMER IS INDICTED CHARGE IS PRETENDING TO BE A UNITED STATES COMMISSIONER. Defense Is Ignorance of Wrong-Doing1 No . Indictment Returned Asralnst Miss Marie Wnre. A. C. Palmer, ex-United States Commis sioner at Prlneville, will have to be tried on the charge of falsely pretending to be a United States Commissioner. He was Indicted on that charge by the United States grand jury yesterday, having been under bond since his arrest last Janu ary. The facts on which Palmer's indictment is based have been stated already in The Oregonlan. His commission as United States Commissioner at Prlneville ex pired on October 4, 1902, but he continued to do business In that capacity without authority. John H. Hall, tho United States District Attorney, has a list of 226 land case? in which he has taken the oaths of locators on Government land since that date. The penalty for the offense with which Palmer Is charged Is not more than 51000 fine or not more than three years' impris onment, or both, at the discretion of the court. The law under which he Is in dicted was passed April 18, 1SS4, and provides:- "That every person who, with intent to defraud either the United States or any person, falsely assumes to be an officer or employe acting under the authority of the United States or any department, or any officer of the Government thereof, and who shall take upon himself to act as such, or who shall In such pretended char acter demand or obtain from any person, or from the United States, or any depart ment, or any officer of the Government thereof, any money, paper, document or other valuable thing, shall be deemed guilty of felony and shall on conviction thereof, be punished by a fine of not more than 51000, or imprisonment not longer than three years, or both said punish ments, in the discretion of the iourt." The people who made oath before Palmer will probably not suffer in the end, although all his official acts subse quent to the expiration of his commis sion are legally void. The law makes pro vision for the validation of oaths taken under such circumstances, and in all prob ability those persons who have adver tised that they would make final proof be fore him can do so before any other quali fied officer in the district in which the lands are located. This point is still un der consideration. The people affected came from all parts of the country, some from as far away as Pennsylvania, but tho majority came from Oregon, Washing ton. California and Idaho. Mr. Palmer claims to be perfectly inno cent of any intentional wrongdoing. His explanation Is that he was first appointed commissioner at Mitchell for four years. When his term was three years old ho moved to Prlneville and obtained a new commission for four years. About a year ago his office was repapered and he lost sight of his commission after It was taken down from the wail. He forgot that he had lost a year of his first term through his removal, and. under the Impression that he had another year to serve from last October, he continued to officiate. The grand Jury was discharged yester day without having taken any action in the case of Miss Marie Ware, the ex Unlted States Commissioner at Eugene. When asked whether any action was con templated Mr. Hall answered: "I have no Information about the case or any case connected with that of MIs3 Ware." "Havo the charges against Miss Ware been dropped?" was asked of A. R. Greene, tho special inspector for the In terior Department, who has been con ducting the investigation. "By no means," he answered. -"Evidently the department could not act on it In time for this grand Jury. I sent my re port to the Secretary on March 3L He would submit It to the Assistant Attorney General for the Interior Department, who would indorse his recommendation. on it If he thought there were just grounds for prosecution, the Secretary would trans mit it to the Attorney-General for action. It is not unusual for important reports to lie in the- department two or three months, or even longer, before they are taken up for final determination." ' CHARLES HOUGHTON ON TRIAL. Admissions He Made in Previous Hearing; Allowed to Stand. The second trial of Charles, alias Chick Hougton, on a charge of robbing Steve Balch, a young man from Prlneville, was commenced yesterday morning before Judge Frazer, and a Jury, and will be concluded today. Balch visited Portland last Winter, and one night fell In with Hougton in a saloon at Fourth and Everett streets. He states that they came out of the saloon together, and that ASPECTS OF PORTLAND' LIFE DURING A LAUNDRY "LOCK-OUT." Houghton and another young fellow took about 530 cash from him. Houghton denies that anything of the Jdnd occurred, but he admits that he met Balch. . At the previous trial Houghton was convicted ofassault with Intent, to rob, and was sentenced to eight years in the penitentiary. He was, granted a new trial by the Supreme Court. Yesterday Houghton did not take the' witness stand In his own defense, and on motion of Deputy District Attorney Spencer, Judge Frazer allowed the evl- Idence given at the former trial by Houghton, to "be read by tho official court reporter, so. far as it related to any .ad missions made by Houghton. The court ruled that Houghton at the former trial took the witness stand voluntarily, nnd any admissions which he made were In the nature of a voluntary confession, and admissible as evidence now. The court marked such portions of the transcribed testimony as should be read. These admission concern Houghton's ac count of his association with Batch on the night the alleged robbery occurred. OWNERSHIP OP LAND SETTLED. Salt Decided in Favor of Cornelia Burkhart and Elizabeth CadTrell. In the suit of Cornelia Burkhart and Elizabeth Cadwell' against Alfred vp. Wat son, Ona Watson Sloan et al., to de termine the ownership of 87 acres of land near Lents, valued at about 55000, Judge George yesterday rendered a deci sion in favor of plaintiffs. The defendants are- the heirs of An drew J. Watsbn, deceased, and the plain tiffs are the heirs of' A. V. T. Cadwell, deceased. At the time of the trial the litigants offered considerable testimony, and also consented to agree to the following state ment of facts: Orr October 6, 1871, T. W. Gates and Cynthia Gates owned 175 acres of land, including the 87 acres in dis pute, and deeded the same to Demoval Talbot and J. A. English. On January 13, 1872, English executed a deed to an un divided one-half of the 175 acres to Alex ander P. Ankeny. On May 14, 1872, Ankeny made a deed of his interest to Talbot, and on the same day Talbot deeded the whole 175 acres to Cadwell. The deed of Ankeny to Talbot was not recorded until June 24, 1896. In the meantime, on April 24, 1SS6, Judge John H. Woodward ob tained a judgment against Ankeny for 515,000 on account of Indebtedness by the latter to his partner, Andrew J. Watson. Woodward levied on the one-half Inter est of Ankeny In the 175 acres, supposing he still owned It, and bid it in at exe cution sale. On May 1, 1S94. Woodward transferred his Interest in the property to Ona Watson Sloan, administratrix of the estate of her husband, Andrew J. Watson, deceased. The testimony showed that the Cadwell heirs always paid the taxes on the land. Judge George decided that Woodward when he levied the execution on the land had notice that Ankeny did not own It. HUGH TRAYNOR IS FREE. Judge Sears Decides That Witnesses Must Testify Orally. Judge Sears yesterday directed the Jury to return a verdict of not guilty in the case of Hugh Traynor, who was on trial on a charge of stealing 540 from Henry Louth by means of a bunco game. The court was compelled to pursue this course because of a statute which provides that in a criminal action the testimony of wit nesses must be given orally, except that a deposition, may be taken by consent; and also a constitutional provision which pro vides in a criminal action the defendant shall be permitted to meet the witnesses face to face. Henry Louth and his brother, Ed Louth, who are the principal witnesses against Traynor, have gone away, and the Dis trict Attorney was unable to locate them. Their testimony, taken by the official court reporter at former trials, was offered to be read, but under the statute and con stitutional provision referred to. Judge Sears decided this could not be done. Traynors accomplice was convicted last December and sentenced to three years in tho penitentiary. He has appealed to tho Supreme Court, and, pending -a de cision on the apnea!, is still confined In the county JalL Traynor was once con victed, but was granted a new trial for the reason that the Jury was not drawn In a legal manner. He Is now at liberty. BANKRUPT IS INDICTED. Louis Robinson Accused ef Making; False Statements to Creditors. Louis Robinson, a Portland merchant, was indicted by the United States grand jury yesterday for making false state ments under the bankrupt act. One charge is that he failed to state in his petition that he was in possession of 5675 which, he had just received from A. Benjararn; another charge is that he concealed this asset from Alex Sweek. referee in bank ruptcy, and R. L. Sabin. trustee in bank ruptcy. There is a . further count that Louis "Robinson turned over goods to Laser Robinson valued at 51213; that he received 51209 from Lazer Robinson and denied It, that he faledy stated that lie borrowed 9675 from H. Benjamin and. repaid If to Mm, and also, committed perjury, la swearing that he paid Benjamin 5500 which he owed him. There Is still a further charge that he testified falsely to having stored 51200 worth of goods with Lazer Robinson. Some of these statements are" conflicting and the . reason given In the case is that the defendant, when his creditors became suspicious that he had not made a true statement In the first instance, tried to explain things away, and only made bad matters worse. Patterson Wants Damages. In the replevin suit of I. M. Jullen against R. W. Patterson for the posses sion of a piano, Patterson yesterday filed an answer denying that he only paid 5135 on the purchase price, which was 52S6. He says that he had several piano deals with Soule Bros. & Johnston, who assigned the claim to L M. Jullen, and also that he paid 5219 more than the various piano purchases on the installment plan amount ed to. According to Patterson's story he traded In a second-hand piano to the firm, returned- one he did not like, got another one, and so on. He alleges that there Is $219 comlmr to him. and that the nfano firm has Injured his credit and standing Dy creating a suspicion In business cir cles because of the suit to the amount of 5500. Patterson formerly conducted a sa loon and dance hall. Claims IS Inches of Ground. A suit of Albert Huber against B. B. Arbuckle to determine the boundary line between their property at Third and Hajl streets, was on trial before Judge George and a jury yesterday. Huber alleges that Arbuckle Is over on his (Huber"s) line IS inches. Arbuckle as a defense says the boundary line Is now where It has been for the past 14 years, and even If 'It Is wrong he Is authorized to keep it there by right of advance possession. If Ar buckle Is compelled to move off IS Inches It will Interfere with a fence and perhaps with one well of his house. A jury was sent to view the scene yesterday after noon, and the trial will be concluded to day. Charged With Horse-Stealing. John Parr, alias John Bushman, an Indian, was taken to Pendleton yester day by Sheriff T. D. Taylor, to answer to a charge of horse stealing. He sold the horse to a farmer and came to Portland to have a good time on the proceeds. Carr attended the Chemawa Indian School for about four months and his excuse to the officer for coming to Portland, was that he Intended returning to the school. Some time ago he was arrested for stealing a saddle and tho court let him go on his promise to return to the school and stay there, but he did not keep his word. j Indicted for Federal Offenses. The United States grand jury yesterday returned Indictments as follows: James Patterson, selling liquor to John Logsden. an Indian, at Toledo on. De cember 1, 1902. John Logsden, selling or giving away a quart of whisky to Ellen Watts and Caro line Johnson. Gus Olson, giving a quart of whisky at Toledo to Coqullle Thompson. Stewart Rooney, selling whisky to William Martin White, an Indian on the Slletz reservation on March 3. Sentenced for Robbing: Postofflces. Alvin Baxter and Robert Herman, two boys Indicted vesterdav bv th "FVdorai grand jury for robbing- the postoffice In : the village of Springwater, pleaded guilty before Judge Bellinger yesterday, and were eentencea to serve a term of two years each In the Colorado State Indus trial School. The crime was committed on December 2, of last year, and the amount stolen was 65 cents. Robberies by boys of postofflces in small country towns which are located In stores have been numerous of late, and the au thorities are compelled to take measures to stop the practice. Says Husband "Threir Things at Her. Suit for a divorce on the ground of cruel treatment was commenced yesterday by Veronica Mohsmer against Mathlas Mohsmer, In the State Circuit Court. In her complaint Mrs. Mohsmer sets forth that they were married in Brownsville, N. Y., November 7, 1S95, and have no chil dren. She alleges that two months after their union her husband struck her In the face, and again In May, 1896. On another occasion she states that he threw a wooden water spout at her,- and says that his conduct finally became so brutal that for her personal safety she was compelled to leave him. Court Notes. Mary Armsden has sued'L. E. Armsden for a divorce because of desertion al leged to have commenced in 1866. They were married In Portland in 1SS7. Otto LInke, Indicted for passing postal orders Issued In favor of Johannes Wein berg, and forging Weinberg's name "to to tho same, and Larry Kelly, for smug gling opium, were arraigned before Judge Bellinger yesterday and given until Thursday to plead. - Spring humors, bolls, pimplesy-scrofsla and salt rheum are all eured by Hd's SampariUc ' , FREE BATHS SOON TO OPEN YOUNGSTERS WILL WELCOME AR RIVAL OF SWIMMING SEASON. Plans Are Made to Have the Bath House Ready by the Close of Public Schools. The free baths will be. open to the pub lic about June 1, and will be kept open throughout the swimming season. Mr. Edward Holman said yesterday that while nothing had as yet been done toward getting the parts of the bath to- pgether, steps would be taken at once. At tne close or last, years season mere was 5300 in the treasury, but there has been considerable expense taking care of the pontoons. A watchman has been looking after the bath-house plant,, which Is moored at the foot of Belmont and East Yamhill streets. This has cost about 55 per month. The pontoons and other parts have come through the Winter without any material damage so far as can be seen. Mr. Holman has not lost his Interest in the movement for providing free swim ming baths here, and may be depended on to do all In his power to keep them going. He and Mr. L. Samuels spent much time last year in raising money and hav ing the plant built and In keeping It open through the season. Mr. Holman says that no one has been selected to take charge this year. Mr. Murray and wife, who managed the baths so successfully last year, will probably not undertake the work again, although It Is felt that their management could not be improved on. No accident happened, and Mr. Mur ray was helpful in teaching the novices how to swim. It Is probable that the baths will be placed in the same location at the foot of East Yamhill street. Mr. Holman's plan Is to have everything In readiness by the close of the public schools, which Is about the time the youngsters take to the water. The usefulness and popu larity of the free baths were fully at tested last year by the hundreds who used them, young and old. MAY ABANDON ENTERPRISE. Doernbecher & Holbroolc May Not Build Sawmill at St. Johns. What effect the action of the St. Johns Council In refusing to vacate streets may have on the plans of Doernbecher & Hol brook for the erection of a large sawmill there will be settled today. Mr. Hol brook said yesterday that there had been a conference on the subject, but -It was not decided whether the enterprise would be abandoned or not, bujt that this would be decided 'today. Mr. Holbrook. how ever, remarked that the parts of streets asked to be vacated were of no value to any one except for manufacturing purposes. It was desired to drive piles for the foundation of the mill at once. The petition and remonstrance Tead be fore the Council contained about an equal number, of signatures. Those who got up the remonstrance are of the opin ion that St, Johns will some day be a great city, and that all of the 13 streets extending to the river will be needed to accommodate the great traffic that Is coming. They also say that Doernbecher & Holbrook have 14 acres of land and have plenty of room for sawmill out side of the streets the asked for. How ever, the petitioners urged that the street should be vacated as an encour agement to the establishment of the large sawmill, which otherwise may not be built. The plant under contemplation was to have a dally capacity of 50,000 to 73,000 feet of lumber, and would employ about 50 men. East Side Notes. Ex-Mayor C. H. Hill met with an acci dent at his home this week. While try ing to descend from the steps In front of his house on Russell street, Alblna, he fell and was considerably shaken up, but not seriously hurt. Mr. Hill, while confined to his home most of the time, drives out every day when the weather will permit. The Guy Howard, Government tender, was taken out in Supple's boatyard yes terday to replace the propeller screw which wa3 recently unshipped. The yard Is now cleared. The steamer Cascades was the last to leave the ways" Under a shed a small propeller Is being built for Everdlng & Farrell, and will soon be cample ted. Mr. Supple said he cad no new work la sight at present. Revi G. W. Plummer, pastor . of the First Evangelical Church, East Market and East Sixth streets, and Rev. P. J. Green, of Memorial, were both sent back to those charges by the conference Just closed at Salem, and they have return edi Mr. Plumraer enters on Ma fourth year. The First Church Is now self-support-lug'. Its debt of 51538 I nearly all pro vided for,- and will b paid K la a short tine. Mr. Green eaters on Ma third year at Mwnorkl Church. ' Ift BED OF FLOWERS President Will Stand When laying Cornerstone DERRICK WITH FLORAL CHAINS Plans for Founding ef Leiris am2 Clarlc Monument Contemplate Unique Features Children Will Do the Work. When he speaks at the City Park, Pres ident Roosevelt will stand upon a carpet of roses and under s canopy of the most beautiful flowers the committee In charge Of the work of decorating his stand can find. Not a trace of the woodwork used In erecting the stand will be seen, and from all sides it will appear to the pub lic that the President Is standing In a bed of flowers. Tho effect will, be unusually striking and vastly different from any thing attempted elsewhere upon the Pres ident's trip. The outline of this decora tive feature has already been made by Oskar Huber, superintendent of the Lewis and Clark Fair work, who Is in charge of the details for erecting the stand from which the President will speak, when ho lays the corner-stone for the Lewis and Clark monument. The full details of the scheme of decoration will be worked out later. Not only is a lavish use of flowers planned for the speaking stand, but the derrick, which will actually lift the corner-stone Into place will be concealed by roses. The big chains will be gar lands of beautiful Sowers and the dogs of the derrick will present the appear ance of an eagle formed of roses. In order that the flowers may appear at their best It Is proposed that this decorative work shall be completed on the morning of May ZL The President arrives in Portland at 2:15 P. M. on that day, and the parade features of his re ception will occupy time enough to give the decorators all the opportunity for completing the stand that is required. There will be sprinklings, here and there, of evergreen and other decorative- plants which can well be placed In position the night before and the completion of that work on May 20 will aid the workers tho following day. The stand Is to be erected under the direction of the Lewis and Clark, board of directors. Oskar Huber, superinten dent, has the details in hand. He will not commence construction .work for several days, but the platform will be erected in plenty of time. It Is to be built In a. most substantial manner to obviate all possible danger of collapse, and will have a probable seating capacity of 150. That portion of the stand reserved for the President and his party will natur ally receive the most attention. A wire trellis Is to be erected over the speak ing stand and this will be covered with, flowers to form a beautiful canopy. Every board and every bit of wire U3ed In tho construction of the platform will be hidden from view with flowers or greens. It Is planned that the platform shall represent nothing less than a mag nificent bed of flowers, seemingly solid. On the floor of the platform roses and other flowers will be spread so as to form a carpet. Mr. Huber plans that the national col ors shall be preserved in the decorative features. That means he will call Into play flowers of red, white and blue, using roses wherever possible to secure them. From Portland and vicinity Mr. Huber believes a sufficient supply of such flowers should be obtained. The stars which are naturally shown with the national colors are to be woven Into the general decorative scheme with, violets. This, It is believed, will afford a striking contrast and a most beautiful picture. In order to carry out this plan fully. Mr. Huber will have to depend largely upon the assistance of the people of Port land. He will make a call shortly be fore the day of the President's visit for all the flowers that can be obtained from Portland gardens. Liberal responses are expected, and. In fact, are absolutely necessary to Insure the success of the undertaking. A request for the services of fully 100 school children will be made to the school authorities. It is probable the principals of the different school build ings will be called upon to delegate ten children, aged not less than 12 years, to nsnlst thA committee In decoratlne tha stand at City Park. These children would be used, at least on the morning of the day the President arrives, and possibly on the previous afternoon. The big corner-stone that Is to be laid under the President's direction Is rapidly assuming its shape and will be ready In plenty of time. The work of excavating for the monument will be undertaken this morning, and the work pushed as rapidly as possible. The work will be undertaken early, so that all possible danger of a slip at. the last moment may; be obviated. Po-vers Case Goes Over. FRANKFORT, Ky.. May 5. The caae against ex-Secretary of State Caleb Pow ers, as accessory to the murder of Will iam Goebel, three years ago, was called today for a. third trial, when attorneys for Powers renewed their motion for Judge Cantrill to vacate the bench. The Judge took, the motion under advisement. The cases of Harlan Whltaker, "Tallow Dick" Combes and J. W. Davis as acces sories to the Goebel murder,, were contin ued. As another murder case was called. ir id mTinwipn iiikl lud nuncio uiao will not be heard at this term of court. t Rural Route' Well Used. VANCOUVER, Wash., May 5. (Special.) On rural route No. 1, running out of this city, there were 14,000 pieces of mall han dled during April. On route No. 2. about half this amount was handled. s Which would you rath er have, if you could have your choice, transparent skin or perfect features ? All the world would choose one way; and you can have it measurably. If you use Pears' Soap and live wholesomely otherwise, you will have the best complexion Na--ture has for you. Pear