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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 14, 1911)
t riFE 3IORXING OREGOXIAX, TTTTTRSDAY. DECE3IBEK 14. ,1911 REFERENDUM CASE HOW UP 10 COURT Attorney-General Holds Act of State Secretary in . ' Filing Final. SUIT TIME LIMIT FIXED Brief la Cnlversltr of Oregon Action to B Submitted to Juds Gallo way by December 1 8 Objcc tione Held rtMlf Technical. (tALTOf. Or, Pec II (Special.) Holding that the action of the Seere i.n f ntmta tn flllna- the petitions wti final; that objection, to auch nUn rouat ba mada within 10 daya and that any ault which la brought must ta brought wltkln 10 caya and that no rrovlelon la ma.le In tha law for a writ of riTle of tha action or ma tarr of ijtata In nltna- petitions. Attor- rrford today com puted hi. brief in th. CnlHriltr of Oregon referendum caaea to ba u- mlttd to Judge uiiwwi,, point, of law In th. ca.a as aeen by thTh.' brief 'a1o etatee that In a ca.a at bar no ault waa brouaht for three tary In fllln and that tha objection. Lr7ed by the plaintiff. outside of fraud, are of a purely technical nature. Tha brief declare, that such objection, are expressly prohibited from being ral.ed by the atatuta liself. , , The brief a. prepared for, ubmlMln to Judre Galloway before- December is. a.' required In an order by the court. tnonthe after me ro I'll .nThorTc. 'of th. S""n,.f.n,r'e iar n. 11 1. anl th complaint. In tre t-V rase, w.re both Bled " Auauat IT. The whol. number of J.n. nt I' lh. Mil on ths rrf-TVCaum o li - um no. !! tola!, liaio. Th. .vldet.ee .ho-, that certala eirca l.tors of pernio. d.d con.plr. ;'' lit. l"ou. nam-. In ee n others papers, t, wit: Hsrrjr 'W'dman Uobert oo.dman. T.erl.a Va.k. Harrr Kohler. Fred K. Jo-pa Gorham and W. H '!.,h.I. That Mid circulator, wrund ""; ram... of hl'h "urn a'tii W per cent were fori'd or aetttlous. 3 "Si There 1. no .vt.fnr. hat.T.r that any etreulator. othe; man tho.e n': tlon-J .r. In any ron.plra.-y to " did in fa aecure rvtliiou. or for.ed nam.a. h-r.r the ..It nam-, tnu.t U Id-red )ihot inr cor..p:rmcir eraln.t then. It la unne.-.ary for the p'rroee of thl. trlaj to tabulate earh name Sit of thl. number whlrh pl.intllf a. .tnpted to .how were Iftltlou. or fraudulent, or In any way a ml.take. but the whole number 1. lee. than .M. leavlna at ea.t name. ,., which there 1. r evidence to .how the art not .eoulne. t3.sH. Name. ...In.t which Pl.lntlfT. objectloa e. nnot be ur.ert. and which h-u'd ' Oi.trd from h. conipuiatlun. il"5. l--aTln R-jt .l.n.tare. on iheei. which d'd n.-t contain the printed fwm at tha tap of eaca .heet. . Jmu4 aJioera. No fraud la ..own aaalnit any of theae n.naturee, but pl.lntltt a.ka that they be .trick. n from the petition for the aole reason that the form of petition la " printed at the top of each .heat, but only at the too of the ftrat .beet. th. ether, be ln. attached thereto. There are eorae technical objection, to a f. w more lxnaturea, but they are Im; wtaterlal for the reaaon thai If the a arnaturea ba counted, all tha real a.aln.t which ohjectlona are ur.ed. If all atrlcken eul woaid :! l.are lh. petition, both ufflclent. and If "Id - al.nalure. be not counted, but be airirkeB oSl. enou.n w. nature, would not remain to auatala the prliuona. It waa not the Intention of the fram.re ef the art. nor of the people In yotina the act. to l.are It open until a few day. be fore It ahould .o on the ballot, for any per son to brlna a suit to enjoin the act belna placed upen the ballot, as the appeal from the eourt In the other cases, whether It 1. a uit In mandamus to compel nlm. or a suit to enjoin the Pecretery of Flat, from . fl.lsa. must be taken wltkln t.n das. and ten day. la a. so the time nted for brln(lna the suit, after the Secretary of Htata haa e-t.d on th. petitions. Tbe llxJnc of Ine time la not In the nature of a statu!, of limitations, but the rljht Is one conferred by statute only, and muat be emerclsed within the limitations provided or It can not be ea.meed at once- It Is Jurisdictional tha same as the time for app.al from th. decision of tha coart- If the appeal la not tak.a and a:ed In the time provided by statute, th.a tha court never acquire. Jurisdiction of lh. case. View. Are Bnnte.ert.eel. Rome ether minor objections have been raleed to a few sianaturea. but as we view the ease, the sustaining or .inking out th. atgnaturee ea ihHU upon which tha pe tttioa a aot printed, controls the case at bar. and eur vl.wa upon tha propeeltloa, are briefly summarised aa follows. 1. That the action of the Seretary of suate la filing the petition la final. 2. That no provision Is anade by the eatuta for any one brincm. suit to review the action ef the eevr.tary of Mate In s:ing a petition, but only to review hi. action In case he refuse, to Ale. a. That If any Burn suit Is brou.ht. It vniiet be brought within tea days after the action ef tae Decretary la A.lng. or refus ing te fie, . That ta the case at bar. no suit was breucht for about three month, after the action of the secretary. a, That tha objection, ar.ed by the Pl.lntlfT. ouutd. of fraud, are wbol'y of a technical aature. not essential to tha petition, and ar. ev.pr..ly prohlntted from being raised by the atatut. Iiseif. tle-relaloje Keg OfflctaJa. The circulator, of th. petition, are In wo senee public officers, as that term la defined by the courts. They are neither ..acted nor appolst.d by aoy authority au thorised to elect or apolnt public officer.. Their service Is voluntary and la the pur view ef the law without compensation, and their act. In circulating petitiona cannot be p'aced en the same p:an. aa Jud.M of e.ectioa appointed In puriuinre ot law. bo:jing an election providoU ty law. This seems too e. em. alary to de.rv. furth.r eiecusston. However, we euctest tha; the SMr.g ef the referendum petition la not final as te the law. er .a the one effecting to present thg act te the source of all suver etrn power, the people, for approval or rejection at the nest elect ion. au4 it is their vote, which finally decMoa the matter. The plalntifT has wholly faJleu to ehow tfe entire petitions to be ao permeated with f-aud that -segrecatlon la Impossible, hence bis ar.umenta a:on. that line are not ap pilcar.e to tn facia Neither la Ma prop osition sound that If one or two names oa . pet; tloo of the circulator are ahowa to be a mistake, the whole petition should be etfickea eut Hie proof la only negatlr. in character, and then each eapert whom be employed, ae shown by the evidence, mada mistake, la hie work, and the evidence la ju.t se etrone that the work of the ei perls Is fraudulent aa It Is that the work of the emulator, la fraudulent, and aome of the mistakes are of such a nature that one n sht be Justified In ralllnr thern wlllfuL tVe reepectf.il. y submit mat tha petitions are legally sufficient, end should be p aced apoa tne baii..t. 18 GREENE STILL FIGHTING Tgcorag Man Determined Not to Gc Bark to Stand Trial. A LB ANT. Or- Iec. 1J. ( Special.) The moat strenuously- contested habeas corpo. casa bronpht In thl. county in many year. Is now being; waged her for tha liberation of i'eerl li. Greene, la as follows: CM Are F-eelly ArtW-a. The.! t eases ar. wit. In ',' ? defendant from P'a-lB "Pf" t n-Iio, a eoupl. of p.-uilon. d.iunJ.n tjet c-r...n appropriation, mart, by the r-f-rrd to the people '" t l.r.e tnr .prl r rejertlon at the nest re.ular r,,rnl election. The suits al-eja a conspiracy sxiatlas amona the elrcu'a fr. of th. pet!. ton to n th. t'"n forie end neliueua names. "ua V'f"" ! a fraud apon th. vnlera of th. at ate In" demand, 'the r-r.renaum upon In. who ! being held In the County Jail on a warrant lasued In Tacoma, mo. charg-lnc him with failure to aupport hlg J-year-old child. Faith Blalna Greene. George A. Aahby. a constable of Tacoma. Is here waiting to take the prisoner to the. Washington city but cannot do so until tha determination of the habeas corpus proceedings. Jreene was arrested by Bheriff Smith last Wednesday and habeas corpus pro. ceedlngs were Instituted that night. By agreement tha hearing; waa delayed until the arrlral of Constable Ashby, who secured extradlton papers from Acting; Governor Olcott last Saturday. With a new Issue raised after the granting; of these papers, the old ha beas corpus proceedings were with drawn and a new petition filed and new writ lasued yesterday. On February 21 last, Greene's wife, Ida F. Greene,' secured a dlrorce from him In tha Superior Court of Pierce County. Washington. She was given the custody of their only child and was awarded 150 a. month alimony. Be cause of Greene's alleged failure to pay this amount, his wife swors out OHEGOX IMOXFER OF ll DIES AT HOME .EAJt S1LVERTO.X. , - r ' -a,.W, ' ' V , A 1 .1 . I . si all 1 . Irrn.i iYs ' WlllUa. M. Cllae. FILVER1 Mi. Or.. Dec. II. (Spe cial.) William M. Cline. a pio neer here Monday, and the body near this Uonday. and the body was laid to rest In the Pliverton Cemetery yesterday. Mr. Cllne waa born In Bond County. Illinois. September 10, In tha 8prlng of 18S1 he started to Oregon and landed here In Ju.t 61 day. from the time of leaving Council Biuff.. Iowa. He located upon a farm near this city, which place he made his home until tha end came. For several years ha taught school In snd near Silver ton. In 1S64 Mr. Cline waa united In marriage to Ml.. Orlnda Fuller, who came to Oregon with her parents In 153. To this union were born ten children, .even of whom are still living: Mrs. M. E. Ho.orth. Seattle: George T. Cllne, , Fort Bldwell. CaL: William Cllne. Jr, Portland: Alfred T. Cllne. Mrs. Jennie Van Trump. Mrs. Lulu W a 1 s n e r and Mrs. Anna Hrnea. all of Marlon County. a warrant In a Justice court at Tacoma for hi. arrest on a charge of neglect ing to provide aupport for his child. ASTORIA BLOCKS PLAN COMMISSION FORM OF GOVERX. 3IXXT NOT TO LIKIXG. Proponed New Cftj Charter Dcrated at Special Election by Majority of Close to Three to One. ASTORIA, Or. Dee. 13. (Special.) Tha proposed new city charter provid ing for a commission form of govern ment was defeated at tha special eleo tlon here today by a majority of nearly three to one. The vote cast was about 40 per cent of the number registered and the result was as follows: For tha charter, lit; against. CS1; total vote, 70s. While the vote waa email It was fully as large aa waa anticipated for the reaaon that Uttla apparent Interest haa been taken In the campaign by tha publlo In general. The defeat of the charter waa. however, expected as all the present city officer, were working arain.t It. while only a few peraona were openly advocating Ita adoption. The defeat of this charter does not mean that tho.e who were fighting It are against a commission form of gov ernment, ao much aa It does their op position to this particular document, which many assert waa too drastic It provided for only three commissioner., one of whom waa to be Mayor and the powers given them were considered by many as too extensive and arbitrary for any three men to possess. Thl. charter wa. prepared by a com mittee appointed by tha Mayor In pur suance to a charter amendment adopted at the election In December of last year. Some of thes Councllmen. who were the most active In the fight against the charter that waa defeated tiday. asaert that the Council will In struct the Mayor to appoint a new committee to prepare another charter, providing for a commission form of government, but eliminating aome of tha features to which objection waa raised, to ba submitted to a vote of the people at the next regular election In December of next year. JOHNS WOULD BE SENATOR Baker Republican to Announce Can didacy to Succeed Bourne. BAKER. Or, Dae, JX (Special.) C A. Johns, who ran for the nomination for Governor on the Republican ticket In 190f. I. expected to announce within a short time his candidacy for United Statra Senator from Oregon to succeed Senator Bourne. Reclamation Lodge, PjtMana, Wins. PENDLETON. Or, Dec II. (Spe cial.) Reclamation Lodge, of Pendle ton, has tha beet Knight, of Pythias degree team In I'matllla County. This was the decision at Monday night's contest before the district convention. After the competitive drill a demon stration of second-rank work waa given by a select team from the differ, ent lodges In the county. The con vention closed with a banquet. Irrigation Firm Publlo Service Body. OLTMPIA. Wash, Dec. 11. (Special.) All power and Irrigation companies In Ws.hlngton are required by law to file schedule, of their charge a with the public service commission If they are engaged In performing a public serv ice, .ays Attorney-General Vaughan Tanner In an opinion holding that tha Hanford Irrigation Company, of H.n ford, la a publlo service company. Tha I A ' ! 5 ' M s rwv . - TTGQ iJTI - 5 lh 2 IS Oa Every Heel : JT.'iV Gftfln U MIS . Attual ! Shipments:to. Customers e This volume is Unequalled by competition from ANY source past or present. No other concern ever made or shipped as many shoes in one year. We have been in business only 13 years. Through good years and bad our growth, has been continuous anayeragegain in shipments of over ONE MILLION DOLLARS each year. Our standard is shoes honestly constructed from GOOD leather No.substir tutes for. leather are ever used. I j w Each'ycar wcare mafcing'more shoes: Our. factories produced the past year, over Six Million Pairs. The larger the output the lower the cost. The wearer gets, the benefit of the saving. x Each season",rStar Brand" Shoes'have been ade better uniformly better than other shoes sold at the same price. The growth' of bur busi ness, proves it s The shoe business is conducted under more active competition than any other great industry; There are over 1300 shoe manufacturers in the United States. This competition has been, an AID to the growth of .our sales. : 5 2 : SIX POPULAR "STAR BRAND" LINES: Ttt "PATRI0T"-o finer ,hom for men: Tke piLCRiM"-ne0ferwceaoe-popunr price. ''STRONGER THAN THE IKV-the Mtrongesl and longeit wearing work $hoe. Tk-VS0aETT"- particular shoe for particular women. "TESS ad TED" Scleo! Shoe -tor girts and boy-look better, fit better, wear longer. 'OUR FAMILY" an every day thoe for every member af the family. Always ask for and insist on having "Star: Brand Shoesl".: If your dealer doesn't sell ' them it will pay you to change dealers. Look for the "Star" oh the heel then you cannot be mistaken. "STAR, BR AND SHOES ARE BETTER" 13 Factories ?:aaaaa company contended It was hot neces sary for It to Ola Its tariff of charges with the atata commission for the rea son that It Is not offering: either power or Irrigation service to the puMIc but V rii ' s) lai ml n ran "fats, i a i)lf '''. ALWAYS THE SAME1 GOOD OLD Pjj I 1 K1LWAUKEE fiJ ?- J' Sissa).' UiW S'i aJl O : ! tf ask Your tsTccrr IZjzL I to Send Yon a Lj I Case of Blatx, As Your Grccrr to Send Yon a Case of Blatx, or order arm frcia distrfbutins poirL ROTHSCHILD BROS. For f DUtrihmtmre i i MarnrcFwts,iSiiinsrora. i II pbanta: Main 153, A 4688 v finest m (ibfe beereyerMjp 1 BREWED v v e ejw ' 1 - eOaTr ... - .esB.r j 4 cw k rea $13,671,186.19 ShipmentsDexCTnbef1 10. 1910to December '10, T911 -Shipments December 10, 1909 to December. 10, .1910 'GamJnSWpmentsfor.-191I - .". Roberts, Johnson kAndohob water on Its own land and on land formerly owned by It and sold with a perpetual .water right Board of Control Visits Vancouver. VANCOUVKR. Wash.. Iec. IS. (Spe The Short to St. Paul, Minneapolis and the East Through Fast Service Leaving Portland at 9 P. M., giving a daylight ride through the Rocky Mountains, This is the route of The Soo-Spokane-Portland TRAIN DE LUXE A handsomely equipped, electric-lighted train library-compartment-observation cars, standard, tourist, dining cars, etc., affording the best of service. Through tickets issued to all parts of the world at lowest rates. descriptive matter and rates, apply at 142 FRANK R. JOHNSON, O. A. P. D., Kan $13,67i;i86.19 - il2.368,S11.9S All We carry- a TWO MILTION- DOLLAR 'stock', replenished with over Twenty Thousand pairs of shoes daily new styles kept up to date every day- Last year we turned this stock nearly seven .times. No .dead stock: therefore, no losses. The merchant who applies this plan to his .business and orders according, to his needs, keeps new shoes and. new-styles coming, for. his custom "ers.all .the .time. fn this way the merchant'ean turn his stock as often as we do. He can do a larger business on a smaller investment. It. is all in the turn-over. cial.) The three members of the State Board of Control were here today from Olympla to Investigate progress on the new training; school In the course of construction at the Institu tions for the Deaf and Blind. Line Third street, or address Portland, Or. ecora $1302,674.24 Co. ST. LOUIS Selecting the Christmas ICOD A is a very simple matter at our store. Our stock is complete from the $1 Brownie to the most expensive special Kodak. Our stock of the celebrated Leiaaire Opera Glasses is complete, from $5.00 to $30.00. Eield Glasses and binoculars from $5 to $60. Sterling Silver Spectacle Cases, from $8 to $12. Columbian Optical Co. 145 Sixth St. Selling Bldg. Bet. Alder and Morrison. 3 a: 1 I