'terE;"irr """" jsl'Wsi$tSk",TPg?.?9Z mm I VOL. XLIII. NO. 13,411. PORTLAND, OREGON, FRIDAY, DECEMBER 4, 1903. PRICE FIVE CENTS. ' 1 ' i r THERE ARE OTHER WHISKIES BUT ONLY ONE YELLOWSTONE It means perfection to connoisseurs. Give it a trial. ROTHCHILD BROS., Portland, Oregon, Sole Agents A CAMERA Is always an appropriate and acceptable Christmas gift. We have them all styles and prices from $1.00 to $250.00. BLUMAUER-FRANK DRUG CO. 142-146 FOURTH STREBT DR. EAT AKES ( IVi "There's Life and Strength In Every Drop" A BEVERAGE OR A MEDICINE For Sale by all Druggist. BLUHAUER & HOCH, Sole Distributers, Wholesale Liquor and Cigar Dealers PHIL METSCHAX, Pres. SEYEITH AMD WASHIKOTOH CHANGE OP European Plan mAM til - yWrVcKSR M Pi t4? wli VfillDUnECEYPC I 1 f 1 l 1 1 II 1 a box of writing paper engraved on it for a W. Q. SIVHTH & CO. Wedding and Visiting Cards Engraved THE PORTLAND PORTLAND, OREGON American Plan Also European Plan. Modern Restaurant. SfciiV H3h " COST ONE MILLION DOLLARS. HEADQUARTERS FOR TOURISTS AND COMMERCIAL TRAVELERS Special rates made to families and single gentlemen. The manage ment will be pleased at all times to show rooms and give prices. A mod ern Turkish bath establishment In the hotel. H. C. BOWERS, M gr. DECLARES WOMAN IS SHAMMING Detective Says She Is Only Blind and Paralyzed When In Court. CHICAGO, Dec. 3. (Special.) If testi mony given today by a female detective in a damage suit is substantiated, there will bo unearthed a most daring and un usual attempt to mulct a street-car com pany out of a small fortune. Five yeara ago Inga Hansen, a member of the Sal vation Army, was injured by a street-car, from the affects of which she appears to be blind and paralyzed permanently, and SSiiE Slt' St &l 22 has been In progress for some time, and she has dally been brought into court on a stretcher and has appeared the most pitiable object to the jury and specta tors A sensation came today In the testimony of Mrs. Jennie C. Naracon, a woman de tective, who testified that for ten weeks she has been watching Miss Hansen and Dr. Celestia B. Messenger through tho keyhole of their room door In the Sher man House, and discovered that Miss Hansen was neither blind nor paralyzed, . but on the contrary, as soon as they wero I within the room and supposed themselves unobserved. Miss Hansen Jumped and skipped about the room, read tho news paper accounts of her trial, and with Dr. Messenger laughed at the slick way they were fooling everybody. Five books of closely written stenographic notes, taken during the ten weeks she was watching and listening to their conversation, was printed as evidence hy Mrs. Naracon. Miss Hansen arrived in this country from Norway In 1S91 and worked as a serving maid until she joined the Salva tion Army. It was in 1898 that the acci dent occurred, which she alleges caused her afflictions. It was to Dr. Messenger's j home in Lake Bluffs she was taken at tho time of the alleged accident. The railway company alleges to have proof that she visited her native town of Arendel. Norway, in 1300, although she says she has been blind and paralyzed for . four years. I FOWLER'S andM ALT JL1 AUbCLE C. TV. KNOWLES, Mgr. STBEETJ, FQRTUID, OKCOS MANAGEMENT. $1.00, $1.50, $2.00 per Day You IVI ay Live Fifteen Years on the new carpet. Better buy where you can get the widest selection and the most perfect workmapship. EXCLUSIVE CARPET HOUSE. J.GJACK&CO. 80-88 THIRD STREET. Opposite Chamber of Commerce. 1 with her monogram Xmas present from Third Floor Washington Building $3 PER DAY AND UPWARD EIGHT OF SECESSION INDORSED How Daughters of Confederacy Re gard the Panama Policy. HOUSTON, Tex., Dec 3. The Texa Chapter of the Daughters of the Con federacy today adopted the following res olution: "Whereas, tho President of the United States, by his recent course toward the Republic of Panama, has shown to the world his indorsement of tho principle of the right of secession, and. "Whereas, the people of the Northern ' !. by their acceptance and 'approval of his course, have shown that they have been led by him out of the fog of ignor ance to the bright realms of truth at tained by the Southern statesmen so many years ago, "Resolved, that wo extend to the Pres ident the hearty thanks of the Daughters of the Confederacy of tho State of Texas for his indorsement of the principles and his vindication of the cause for which the Southern people fought so gloriously, but so disastrously, in the war between the states." -Testifies Fair Died First. PARIS, Dec 3. Farmer Topin was the only witness at today's hearing in the Fair will case before Commissioner Els len, of New York. The witness testi fied that he arrived on the scene after the accident and carried the bodies of Mr. and Mrs. Charles L. Fair to tho porters' lodge. The body of Mr. Fair, he added, was stiff, and that of Mrs. Fair was still warm. The heirs of Mrs. Fair believe the medical experts who are soon to testify will use evidence to sup port the theory that Mrs. Fair died after her husband. Minister Given Leave of Absence. ST. PETERSBURG. Dec 3. Acting Fi nance 'Minister Pleske Is said to have been granted a prolonged leave of ab sence and It Is reported that M. Kobeko, a member of the council of the Empire, will replace him. J 1 J ISTEN TO PLEAS ReferendumBefore Ore gon Supreme Court VALIDITY IS QUESTIONED Decision Will Settle Fate of Radical Amendment. ADOPTED BY POPULAR VOTE Construction of Sections of tho Ore gon Constitution Regarding Amendment Will Also Be Made by Judges at Salem. Y- rOUR PRIKCIPAI. QUESTIONS. Pint Whether the procedure set forth In the constitution U manda tory and must be strictly followed. Second Whether the four amend ments already proposed dropped out of existence bec&uso the Legislature of 1897 failed to organize. Third Whether tho court have the power to Inquire Into the validity of the adoption of an amendment after It has received the favorable vote of a large majority of the voters and has been recognized as legally adopted by the other branches of the state gov ernment. Fourth Whether the amendment Is In violation of that provision of the Federal Constitution which guarantees to every state a republican form of government. 4 SALEM, Deo. 3. (Special.) Probably never before in the history of the Su preme Court of Oregon has there been tried in that tribunal a case that attracts so wide attention as that which was heard today. The case of Kadderly vs. Portland, Involving the validity of the" initiative and referendum amendment, was on trial. The case is important, because tho de cision of the Supreme Court will either sustain or overthrow an amendment which institutes a radical change In the state government. It Is also important because the decision will construe those sections of the constitution which pre scribe the manner in -which the constitu tion may be amended. Four Amendments Pending. The referendum amendment, adopted by an overwhelming majority at the polls in 1902, reserved to the people the Hght to propose laws and enact them by popular vote, and to demand by petition that laws passed by the Legislature shall bo submitted to tho people for their ap proval. The constitution provides that while one or more amendments are await ing the action of the Legislature or of the people, no additional amendment shall be proposed. At tho time the re ferendum amendment was proposed, there were four other proposed amendments which had not been submitted to the people. Tho principal Questions presented are whether tho procedure set forth in the constitution is mandatory and must be strictly followed; whether the four amendments already proposed dropped out of existence because tho Legislature of 1S97 failed to organize; whether the courts have tho power to Inquire into the validity ot the adoption of an amend ment after it has received tho favorable vote of a large majority of the voters, and has been recognized as legally adopted by the other branches of the state government, and whether the amendment is in violation of that provi sion of the Federal constitution, which guarantees to every state a Republican form of government. Points Well Brought Out. Every phase of every question Involved was ably presented beforo the Supreme Court In the arguments made today. The trial was opened by Ralph R. Duni way, of Portland, attorney for appellant Kadderly. He contended that the amend ment was legally adopted; that the sec tions of the constitution proscribing the manner of amending the constitution are directory, and that when an amendment has been proposed and indorsed by two Legislatures, submitted to the people and adopted by a large majority; such adop tion is conclusive in a collateral attack. Mr. Dunlway admitted that if the Leg islature wore proceeding irregularly a direct attack might bo made in an In junction suit to prevent theSecretary of State from submitting the question to a vote of the people, but he argues that when a Legislature has 'proposed an amendment In such a manner that every member had a chance to be heard and knew what he was doing, when such amendment has been Indorsed by the suc ceeding Legislature in the same manner, and when the proposed amendment has been submitted in such a manner that tho people have a full opportunity to ex press their sentiments, the result of their vote stands In the position of a judgment rendered by a court having jurisdiction of a case and cannot be set aside upon collateral attack, because of immaterial errors in the proceedings. Denies Errors in Proceedings. Mr- Dunlway contended that there had been no errors In the proceedings, for the reason that at the time the refer ' dum amendment "was proposed the amend ments previously proposed had lapsed. As to the effect of ar emergency clause, he contended that the courts have the power to go behind the declaration of the Legislature and Inquire whether the 1 preservation of the public health plan or safety required that the act take effect f immediately. Tilmon Ford, ot Salem, spoke In behalf of the validity of the amendment, and as a representative of a number of promi nent citizens, who, as friends of the court, had filed a brief supporting that view. Mr. Ford contended that the sec tion of the constitution providing that when one amendment is pending no addi tional amendment shall be proposed, means that no additional amendment shall be proposed on the same subject. Purpose to Avoid Confusion. He argued that the purpose was to avoid confusion. Since the constitution permits any number of amendments to be pro posed at the same time, there is no rea son why they should not be proposed at different times, provided they are not upon the same subject. In this view of the meaning of the prohibition he con tended that the referendum did not con stitute an "additional" amendment. Power of the Legislature. J. P. Cavanaugh, of Portland, Deputy City Attorney, appearing for the City ot Portland, argued that the Legislature has power, under the amendment, to put an act in force Immediately by declaring that it is necessary for tho immediate pres ervation of the public peace, health or safety. This argument was based upon the view that tho amendment was legally adopted, a view which the attorneys for the city did not Indorse. Both Mr. Cavanaugh and City Attorney L. A. McNary contended that the provi sions of the constitution relating to amendments are mandatory, that the sev eral steps prescribed must be followed strictly, that if they are not so followed the error Is fatal and no act of tho peo ple can make tho proceedings legal. They contended, therefore, that the amend ment was not legally adopted. Point Not Taken Up. The question whether tho referendum amendment gives Oregon a Government not Republican In form, was not dis cussed, except that Mr. Dunlway con tended that this is a question which Con gress alone can decide. Mr. U'Ron asked permission to file a supplemental brief upon the point. The Supreme Judges followed the argu ments closely and frequently Interrupted the attorneys to ask questions regarding their views of the law. Many Hear Arguments. As a rule trials in the Supreme Court are attended only by the attorneys In the case. Not even the parties tc the litiga tion attend. The trial today was an cxr ception, however, for there were a con siderable number of citizens present dur ing the discussion. Among thoBe in tho courtroom were Circuit Judge R. P. Boise, who was a member of the constitutional convention ana who la a strong advocate of the referendum amendment; Governor Chamberlain. Ex-Governor Geer, Secre tary of State Dunbar, Attorney-General Crawford, L.. H. McMahon and others. DTJKEf0E HANCHESTEE HE. -. Noble Who Wed Miss Zimmerman In a Serious Condition. NEW YORK, Dec. 3. The Duke of Man chester, who wedded Miss Zimmerman, of Cincinnati, is reported by a World dis patch from London to be rather seriously 111 at his Irish residence, Tangeragee Cas tle. He is believed to bo suffering from diabetes. CONTENTS OF TODAY'S PAPER Domestic IowIe will bo forced to take tha stand and give the financial standing of Zion City. Page 1. President John Mitchell advises Colorado min ers to continue strike. Pago 6. James L. Blair, the prominent St. Louis at torney, is Indicted for forgery. Pago 3. National. Prominent men begin campaign for an Anglo American arbitration treaty. Page 1. Union of women's clubs formed to ovst Sen ator Sraoot. Page 3. Ex-Cuban official tells Senate- committee that General "Wood changed laws to meet his ends. Page C President Roosevelt 'will disregard the opposi tion of Western Senators to Secretary Hitchcock. Page 2. Foreign. Chancellor von Bulow opens the Reichstag as the representative of Emperor William. Pag 6. "German Foiclgn Office emphatically denies alarming reports of the Illness of the Kai ser. Page 7. Japan la urging Russia to answer her latest demands. Page G. T. P. O'Connor gives a dinner In London for W. J. Bryan. Page 1. Sports. Multnomah Fair Association to give Spring meet. Page 7. Washington football team arrives today. Page 7. Favorites take all but two races at Oakland. Page 7. Columbia eleven presents a silver cup to Cap tain "Dick" Smith, of Klamath Falls, Or. Page 7. Commercial and Marino. Bull movement In coffee. Page 15. May wheat advances over a cent at Chicago. Page 15. San Francisco produce quotations. Page 15. Boom In New York stock market. Page 15. Sensational advance In cotton at New York and New Orleans. Page 15. British cruiser Flora ashore on Vancouver Island coast. Pace 14. Towing drydock pontoons to St. Johns. Page 14. Six hundred coolies sail on the Lothian. Page 14. Pacific Coast. Supreme Court bears arguments on the valid ity of the Initiative and referendum amend ment to the constitution of Oregon. Page 1. Text of opinion from Land Office saying state has no interest In Klamath swamp lands. Page 5. Robert Mattlson, an actor, dangerously stabbed In realistic scene on Gervals stage. Page 5. Contest of the will of the late Alexander Dunsmulr under way at Victoria, B. C. Page 5. Portland and Vicinity. Municipal Association will ask that writ of mandamus issue directing city officials to. close gambling. Page 10. Board of Trade elects officers at annual meeting. Page 10. City Council may pass ordinance prohibit ing wooden crosswalks. Page 1G. Trial ot Asa B. Thomson, charged with so liciting bribe, will probably go to Jury today. Page 10. County Commissioners may charge street car company Increased rental for use of Burnslde bridge. Page 14. Favorable crop reports from Oregon coun ties. Page 10. Theatrical managers may test child-labor law. Pant 12. U'SUPTODDWIE Finances of Zion City Are to Be Known. COURT ORDER IS ENTERED He Is Retained as Manager to Keep Things Going. CHIEF INDUSTRIES D0NT PAY Suffering Likely to Ensue as Many of the People Are Living in" Flimsy Houses and Are Using Straw for Fuel. CHICAGO, Dec. 3. John Alexander Dowle will be put on the witness-stand before Bankruptcy Referee Sidney C. , Eastman, and, under oath, will be re- nulred to nnswsr nJl ouestlona resardinir the financial affairs of Zion City. While the date for the Inquiry has not been set. Judge Kohlsaat this afternoon entered the order which requires the overseer of tho Christian Catholic Church to submit to an examination. This action was taken on motion of Attorney Samuel Ettelson, who filed the original petition in bank-, ,nt-n-nn TW!v ruptcy- against Dowle. "This application was not made for the purpose of harassing Mr. Dowie," said Attorney Ettelson. "Tho receivers are making an investigation of Dowle'3 ac counts, and they will undoubtedly need his testimony to get a correct knowledge of his financial condition. It is for this purpose that Dowle will bo called to the stand." Federal Judge Kohlsaat today appoint ed Dowie temporary manager of Zion City. Dowlo will bo the agent of the receivers, and the arrangement will be discontinued if It Is found that the Inter ests managed by him are not made to pay. Factories Will Not Close. It is not probable that any of the in dustries of Zion City will be closed, as in such an event thousands of persons would be deprived ot a means of liveli hood. This is said to be one of tha main reasons why Dowie will be retained as manager of the business under the di rection of the receivers. Tho receivers roallzo Dowie's strong hold on his follow ers, and wish to prevent any turn In events which might turn Zion City Into a deserted village. Federal Judge Kohlsaat also Issued an order to the receivers, authorizing them to place $100,000 Insurance on the Zion plants, none of which have heretofore been Insured, and to employ such help as Is necessary In order to continue the op eration of the factories. The receivers were also Instructed to enforce the Zion City ordinances so as not to offend tho residents. IThis afternoon Judge Kohlsaat ordered that tho receivers report on the condi tion of tho business of the Zion City in dustries within one week, in order that the court may determine whether three receivers should be continued. It was fur- j tier ordered that all coupons issued by Dowie to laborers and wage-earnera In Zion City outstanding before December 1 should be accepted at tho discretion of the receivers. That Zion City's two chief industries, the laco works and candy factory, are not paying expenses, was officially dis closed today in an examination of the plants by Chief Custodian Redieski. Af ter questioning closely tho managers of j both concerns Mr. Redieski said: "If Dowie relies on the Industries of Zion City to pay his indebtedness, the town will still be In the hands of receiv ers a year from now. Neither the laco works nor tho candy factory is on a paying basis. In tho case of tho lace works, I understand that lack of raw PROMINENT ATTORNEY JAMES L. BLAIR, OF ST. LOUIS. i-- material is to blame. No one seems to know what Is the matter with the candy factory." Mr. Redlesklsis now skeptical concern ing Dowie's ability to vacate the receiv ership. He says, however, he believes Dowle Is better off financially than any bankrupt he has ever known. May Have Money Up His Sleeve. "Dowle may have a million or two up hi3 sleeve for all I know," he said, "but I have been unable to see any evidence of financial strength in Zion City." The lace factories, lumber mills and other industries continued in operation today and, contrary to expectations, Dbwie trade checks were taken Instead of money at tho general store, a Dowle Institution in tho hands of the Federal receivers. There was a rush for the general store. Many who had exhausted their ready supply of money and were unable to pur chase provisions with trade checks yes terday, were In extreme need of food. Receivers Blount and Currio arrived at Zion City today and took up the work of examining into the condition of Dowie's finances. The receivers are at a loss to understand where they can get the money to pay workmen employed in the factories. Dowie, however, declares his people will work for nothing provided they are fur nished with food. "While there are enough provisions in the city to feed tho people for a week, now that scrip is being ac cepted. It is feared by the- receivers that hard times may come when these are gone. A prominent canning and provision com pany has refused credit to Zion agents. ana announced tnat caan would be re- quired for all provisions furnished In the future. This Is said to be the attitude of other supply houses with reference to Zion City. "Whether Dowle'3 home, Shlloh House, Is connected with the administration building, 200 feet away, by an under ground tunnel, is a question that Is puzzling Custodian Redieski. Dowle had an appointment with Redieski, and while the custodian was standing at the door ol uie umnurcrauon ouuaing, waiung 5 or DowIe to appear, he was notified that Dowie was awaiting him inside. Dowie kept another appointment today In the same mysterious manner, and then Re dieski came to the conclusion that Dowle must bo possessed of an . underground passage between the two buildings. Not once since the receivers seized Zion City has Its founder been seen outside doors, yet he ha3 held conferences both at his home and at the administration building. THEY BEGGAR THEMSELVES. Ylany of Zionists Live In Flimsy Houses and Use Straw for Fuel. CHICAGO, Dec. 3. Investigation shows that the fuel supply of manyfamllle3 In Zion City Is reduced almost to nothing. Tho extent to which the people of Zion j City have beggared themselves Is shown Dy a trip tnrougn ino wwn. Jiany oi we poorer people, tho men and women who work in the factories, live In houses flimsy in construction and unfit for shel ter through a Chicago Winter. The walls of som6 are merely strips of tarred paper nailed on wooden frames. Other houses are simply tents made of canvas. Not a few are partially constructed of earth, fjrtmofrVilncr off," tfiA naVifnn rt n iiTcrmit ' A shovelful of coal and a dozen or two sticks of wood comprised the entire visible fuel supply of most of the people, from whom Dowle is asking $500,000. Others still less fortunate, possessed neither coal nor cordwood. In several In stances the occupants had gone back to J stumps and roots and plies of dried grass and straw, as the sole protection against freezing. To such straits have some of these enthusiasts been driven that instead of chopping down trees they dug them up by the roots, so as to have additional fuel. WORLDLY FOLK MUST STAY OUT Dowle Orders Police to Admit None but Federal Officials to Zion. CHICAGO, Dec 3. "All who have not Zion In their hearts cannot como into Zion." Is the order promulgated today by John Alexander Dowie through his Chief of Police. The order to the Zion guards, the police force In the Dowlelto town of Zion City, continues as follows: "From now on arrest or escort to the city limits every person who Is not of the faith or a United States official. We will bow to the Government alone." Following this order the usual force of "Zion guards" was doubled, many of them patrolling the outskirts ot Zion City with ponies. Steel Works Lay Off Men. BELLAIRE, O., Dec. 3. Twenty-five hundred men were laid oft today at tho plant of the National Steel Company, and the works closed down for an Indefinite period. No explanation Is given. INDICTED FOR FORGERY LOW I 1 Move for Anglo-Ameri-. can Arbitration. HOT CAMPAIGN FOR TREATY Prominent Men in Washing ton Start the Ball Rolling. PRESIDENT GIVES APPROVAL Sentiment Throughout the Country is to Be Thoroughly Aroused Scope of the Work Out- lined by Leaders. SPONSORS OF MOVEMENT. ! ; GENERAL JOHN VT. FOSTER. ADMIRAL DEWEY. ', " GENERAL MILES. WAYNE MACVEAGH. H '', THOMAS NELSON PAGE. GIFFORD PINCHOT. i SENATOR PROCTOR. " GENERAL H. V. BOYNTON. . D. C GILMAN. - A WASHINGTON. Dec. 3. The awakening throughout the United States of a popular sentiment, which it 13 hoped will develop Into a National demand for an arbitration treaty between the United States and Great Britain, was the object of a gath ering today at the residence of General John W. Foster, ex-Secretary of State. It Is understood the movement ha3 the hearty approval of the President, Among those present today were Admiral Dewey, General Miles, Wayne McVeagh, Thomas Nelson Pae, Glfford Plnchot, Senator Proctor, General H. V. Boynton and D. C; Gllman. Regarding the scope of the plan, which Is to be pushed vigorously, In the hope of securing at an early date the conclusion of an arbitration treaty, following the general lines of the Hay-Pauncefota treaty of 1897, the Associated Press Is authorized to make- this statement: "In April, 1S05, a notable conference of the friends of International arbitration was held in Washington, attended by prominent and representative citizens from all parts of the United States. That conference declared In favor of an ar bitration treaty between tho United States and. Great Britain, and It was followed In January, 1S97, by the signing of such a treaty by Secretary Hay and Sir Julian Pauncefote. The treaty failed, by a closa vote, to receive the two-thirds majority required for Its ratification. Objections Out of Way. "It Is understood that prominent among the objections urged against the treaty were tho complications growing out of tha Clayton-Bulwer treaty and the contro versy over the Alaskan boundary. These having been disposed of. It is felt by the friends of International arbitration that the present is a favorable time to re awaken public sentiment In favor of a new arbitration treaty with Great Britain. They point out that France has already; taken the lead of us In this matter by tha convention recently made with Great Britain, while the United States, as a kindred nation, should have set the ex- ample. "At a meeting of tho executive com mittee appointed by the conference of 1SS6, held last week in New York, it was decided to call a meeting of the National arbitration committee In Washington on January 13 next, to take this subject in consideration, and adopt such measures as may seem desirable to be taken. To advance these ends a local committee was designated for Washington, and It Is contemplated to organize similar com mittees in other leading cities of tho country." Appeal to the Country. A circular letter to this effect has been sent through tho country. It Is learned that Sir Henry Mortimer Durand, the new British Ambassador, who has just arrived In Washington, Is an earnest ad vocate of International arbitration. While he is not associated with the movement in this country, of course, it can be stated that Sir Mortimer may be relied on to bring about In Great Britain tho result which the National arbitration committee In tho United States la work Ing for. GIVES DINNER TOR BRYAN. T. P. O'Connor Invites In a Number y of British Solona. LONDON, Dec. 3. T. P. O'Connor gava a" dinner at the National Liberal Club tonight in honor of William J. Bryan, at which a number of Irish and Liberal members of the House of Commons and several representatives of the English and American press were guests. There were no set speeches, but Mr. Bryan, in a purely informal, but eloquent, talk, referred to his experiences In England, told how he had profited by his visit, and how he liad been Impressed by the way In which the people here devoted them selves to the welfare of their country. Mr. Bryan said the ambition and prido of the people of his country should not be In saying that "our army and navy are the best in the world," but in having the best government in the world, and In being able to say that "our govern ment stands for justice and humanity, and Is so recognized In all parts of tha world." To that end Mr. Bryan said he would devote his life and hoped to bequeath to his children a legacy greater than any accumulation of wealth. a 1 I