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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 11, 1912)
1 ' ' "'. c inn Monxiyo okegonian. Saturday, may ii, 1012. REHEARING SOUGHT If UNIVERSITY SUIT Attorneys for Friendly Ask Reopening of Referen dum Cases. OPINION HELD ERRONEOUS Court Ad-rlsed to Consider INMorjr of Time in Constrains I .aw. Authorities Cited by Law cr for Friendly. SLF""'. Or, May "SpPlfl- r- r'arlnc that nnd-r any vtfr f the law th pulntiff r a, right to maintain tb suit ami that the opinion of th Suproma Court l rrroneoua on both the prrtrliri on which the decision waa haard. Judirp SUatwr todar nlod a Petition fnr r-hrarln In th rtw of f. H. FTlnd!r aj-alnst Bti W. Olcott. rretary of State. In the. I'nlverrtty of Ori-con refrrrndum ca.--rs. In asking; for a rehrartnir Judne Sla ter and Attorney Pipes nltod manr au thorltlea. They held that the statute under consideration la a remedial rtatuto and ouht not to receive a nar row or technical conatrnrtlon. It la aeaerted that "the atatute construed In Ita entirety shows by express prol slons that the leslnlattve Intent la to Inreat the Individual oon-pailtlonlUsT voter upon his own Initiative to pro trrt ttlmaelf axalnat an all cited wronc or unlawful act of those who petition for a reference to a vote- of the people nf a measure passed by the Legists, fire." Veera Hlaaie larrraae. The petition. In part, says: The whole act taken toether manU feeta upen Its face an express Intent to confer upon the non-petltlonlns; voter the rlclit to act In bis own be half at all staff of this new proceaa of lecialatinn. "The question before the court In construing this statute Is not. as the court seems to think, whether the statute shows upon Its face an intent to Increase the remedial riKht of the Individual citizen, fur that ristlit I contained In the renrral lanxua-ce of the statute: but whether there Is an ezpresied. Intention In the statute to limit the exercise of the granted power only. In a suit maintained In the name of the state. 1 -The opinion rendered In this case Is bused on two premises, which we be lieve to be erroneous: "First It is held that the statute In question conferred no new riKhts of remedy upon the cltixen to petition for a writ of mandamus aitalnst the rVcre tary of Plate to compel him to tile a petition; and second, that the risjht of the state now to maintain a suit to en Join the Secretary of folate is the same as it was before the enactment of this statute, and therefore In both in stance the law remains as It wns be fore the statute was enacted In re spect to who may be parties litigant. Ho Debts ttm PwMle. "The Secretary of State owes no duty to the public generally imposed upon him by law to accept and file this parti cular petition, and the public general ly, not being petitioners, bad no right to demand that it be filed. "When, therefore, any cltixen was authorized by this statute to apply for a writ to compel him to die a petition, the rights of the citizens generally were In fact Increased, or rather they obtained a right that previously they bad not possessed. "As to the second premise upon which the opinion In this case rests. It clearly appears that there Is given to a court of equity In general terms, a power that It did not previously possess. In this case the light sought to be en forced la a mere political right or which a court of equity did not have Jurisdiction. IadlTidaa.1 Beessae Legislate. "In construing this statute the court should look to the history of the times, the changes In the forms of govern ment, the general prevailing principles or polity applicable to governmental affairs. The form of legislation dealt with in this act is based upon a gen eral principle: the rljrht of the Indivi dual to participate directly in govern, mental affairs, and not be required to depend upon a delegated representa tive to propose for btm or to defend his rights. la It reasonable to sup pose that there was any Intent upon the part of the Legislature to leave fS per cent of the people bound as a Prometheus to the rock of former Judi cial procedure and remedy In legisla tive matters, and awaiting the destruc tive powers of fraud and forgery, com pelled to await the official act of representative offlcera to protect their rights, when the other 5 per cent may at all stages act for and on behalf of themselves?" WITNESS WEAKENS IN CASE K'pnMtinM Kmm F1r Par might hare resulted differently. The defendant admitted having said some thing; Ilka that to Poland, but he denied that the language use In the letter In evidence, signed by him. ever came from HI lips. It also developed on crons-examlna-tlon that Judge Arrhbald paid Will iams fare from Scranton to Washing ton that Williams might respond to the subpena from tbe Judiciary committee to appear before It. Tbe commltte started today to learn of an alleged transaction between James R. Dainty. Judge Arch bold and the Lehigh Valley Railroad. It Involved the Eberhart coal property. Real "negotiator Hoagbt. Williams was asked If be and DaJety did not regard Judge Archbald as the real negotiator for the lease of the Eb erhart property by the Lehigh Valley. "I thought Judge Archbald might he able to swing; It," replied William. "I thought he could try it, anyhow." "What part did tbe Judge have in that transaction? - "Nothing; except to ask the Lehigh Valley If they would pay the price asked for the lease." "Is It not a fact that the Lehigh Valley road after Judge Archbald came Into the matter was willing to pay more for the lease than they were be-forel- "I don't know. I never heard any more about It." Was Judge Archbald to receive any portion of the profits from the proba ble sal of this coal land?" I don't know." Letter m Official atatloaery. Wllllama testified that he knew Thomas Darling, a lawyer for the Le high Valley. Chairman Clayton then read a pho tographic ropy of a letter whlcTt In troduced Williams to Darling. It said that Mr. William waa trying to gat hold of culm property owned by the 1-ehiKh Valley If the railroad felt In clined to dispose of It. The letter waa written on Cnlted States Commerce Court stationery. "Why did you get a letter from Judge Archbald In that Instance?" asked the chairman. "I thought It might help me set the dump." "Was the Judge to have an Interest In that "No." "Did you know the Judge knew Dar ling?" 'Oh yes. Darling tried many casea before Judge Archbald. He tried casea before him when Mr. Arcbbain was a County Judge." Interest I steaded for Jadge. The witness sal J he asked for the letter to Darling and declared that the Jurist had no other Interest In the mat ter. Nothing came of the transaction. "Why did you not offer Judge Arch bald an Interest In this deal aa you did In other cases" asked Representative Norris, of Nebraska. "I did not know yet whether I could get the property." "Well, when you bougtft the culm from the Krle Railroad, didn't you give the Judge a half Interest before you got the option 7" "No: not until after I got the option." "Did you Intend to give the Judge an Interest In the Uarlmg property If you got It" "That property did not belong to any corporation, but I did intend to give lh Jurtse an Interest In it if I got it." The chairman asked Williams Why Captain .May. f the l.rle. hud refused to gve an option to him when ho first approached him If the culm was on the market, Williams said h had no Idea. "Why was It necessary for you to get a letter from Judge Archbald h lore Captain May mould glv you the op :lon?" acd tre chairman. "Well, I thought it wouldn't hurt me to have a letter from the Judge. Judse Archbald and Captain May were well acquainted. OfflcfaM Pssiltlaa Ousted Oa. "Too knew Judse Archbald was a Federal Judge at the time and handled railroad litigation in his court, didn't you T' "Yes." "Did you know that -Mr. May was a railroad man and a corporation man?" "Yea. sir." "Then yon thought the circum stances would have an Influence In Kiting the option of the culm property from the Erie?" "Yea, I thought ao." Williams re plied. "Did you and Judge Archbald dis cuss why the deal had not been con summated?" "Y'es. we talked about it- "Wasn't the deal halted on account of the Investigation and didn't you and th. Judge talk about that? "I don't remember all that was said. buef remcmbf r the. Judge said It would be better to try to aell the culm. Ho thought It would be well to let the culm atand and it would be worth more some other time." "The decision not to sell It. then. was after you learned the Department of Justice was Investigating the trans, act Ion r "Yea. we decided that about three weeks ago." After Captain May had refused to complete the transaction, Williams said he told Judge Archbald about It, May previously had agreed to make out a deed to the property and declined to carry-out the agreement after the Government had begun an Inquiry into the case. SCHOOL ROWTHREATENS MIXWAl'RIK DlRECTOns TICK SITE; TAXPAYERS OBJECT. Property Owner Saja Injunction May Be Cf-ed to Nullify Action of Educational Body. M1LWAUKIE. Or., May 10. (Spe cial.) The Directors of the illlwaukle school district undertook to settle the question of a site for the new school house at the meeting held last night by selecting two acres In the Illnna man tract, two blocks south of Wash ington street, for which they agreed to pay 5000. However, instead of set tling the wrangle. It seems that the row over the site haa Just started, and that an attempt will be made to force the Directors to rescind their action. The Directors also authorized the Issue of district warrants to pay for the site, the bids to be submitted at a Board meeting May 13. "There has been considerable wran gling over the site of the new build ing," said J. W. Graslc, chairman of the Board of Directors, "and there may be more, but we selected tho site be cause we consider It central for the en tire district. At tho last taxpayers meeting the Directors were voted full power to act, and we have done so to the best of our ability. "It may be that on the new site w shall plan to erect finally a 1 or 20 rooiu building of brick or concrete. starting now with four or eight rooms. The site is high, overlooking Milwau kle. and Ideal for a central school- house." "Undoubtedly step will b taken to rescind the action of the Directors In the purchase of thta site," said Her man Leodtng. a property-owner. The site Is wholly unsulted for a school- house. It Is in the southeast corner of the district. Is not central, the price paid Is exorbitant and the purchase waa mada against the expressed wishes of the property-owners. The Directors refused to listen to the taxpayers and Ignored their request for a meeting to pass on location. At the annual meet ing of taxpayers In June an effort will he mada to nullify the action of the Directors, and even an Injunction may be resorted to." SLAYER TO BE DEPORTED Italian, Acquitted of Pasco Murder, lias Bad Record In Italy. WALLA WALLA. Wash May 10. Rafael 8ebastia.no, an Italian, recently acquitted on a murder charge at Pasco, Wash-, will be sent back to San Celino. Italy, to serve a 20-year sentence for shooting his father and other members of his family. According to Immigration Officer E. L, Wells, of Walla Walla, It baa been discovered that Sebaatiano waa a mem ber of a famous outlaw organisation headed by hla father. It la said that when the elder Sebaatiano divided the booty from an especially good haul years ago. he overlooked Rafael. Rafael then shot the father and several unclea and cousins. He escaped to America, but waa tried during bis absence and sentenced to 20 years. Girl Will Serve Dinner. . VANCOUVER. Wash.. May 10. (Spe cial.) Th girls of the Vancouver High School, clad In white aprons and white caps, will cook and serve lunch eon for the members of the Vancouver Commercial Club next Wednesday. The comestibles will be from dishes which the girls have learned to prepare In their domestic science classes. The girls have established a good reputa tion as fin cooks. REFORM-IS' ASKED Klamath Water Users Move to Remedy Conditions. CHANGES SOUGHT OUTLINED Fxtciifion of Time for Payment to iMtid Holders Financially Crip pled and (CO Years to Vay Out..in Are Wanted. KLAMATH PALLS, Or.. May 10. (Special.) Here are reclamation son- Ice reforms asked by the Klamath Water-l'sers' Association: Extension of time for payment to land holders who are temporarily em barrassed financially. Elimination of fees sent to Lakevlcw. Twenty years. Instead of ten. In which reclaimed land may be paid for, Development of power projects under Klamath reclamation project. Construction of roe Valley recla mation unit. I'rglng the organization of a National Wator-L'sere' Association and out lining a number of reforms deslre-d in the conduct or the I nlted States Kec lamatlon Service. Albert E. Klder. nee retsry of the Klamath Water-Users' As sods t Ion. In calling an annual meeting of tbe organisation for May SI. made an extended report covering conditions among the water-users here. The meeting Is to he held at Houston. Hegardlng the extension of time In the making of payments Klder said: "I'ndrr the present law, neither the Water-l'sers' Associations nor the De partment of the Interior has authority to grant an extension of time to a water-user, no matter how meritorious the case may be. The board of direc tors of the association has In several Instances recommended that clemency be shown In Individual cases and In the future such a policy will be pursued so far as Is consistent with the laws and the agreement between the asso ciation and the secretary. v New Lavr Desired. "We realize, however, that the law should afford the secretary more lati tude and Representative in Congress Hawley Is at present endeavoring to have such a law passed." It Is proposed that the Secretary of the Interior receive recommendations for lenlrncy from the directors of the Water-l'sers' Association and at his own discretion allow an extension of time not to exceed one year. Another change recommended Is that the Reclamation Service here be al lowed to deposit money collected direct Instead of sending It to Lakeview Land Office. A charge of 25 cents Is made few exchange on every MOO sent to Lakeview. OfflcliilH of the acclamation Service favor the change. OfTlclals of the Reclamation Service, however, do not approve of the pliin to chana the length of time In which, land shall be paid for from ten to 20 years. The objection U based on the fact that money received for reclaim ing land goc Into a revolving fund and extension ot the time to 20 years would result in delaying other proj ects which are to be developed with the niuney. Co-Operation to Be (.Ivea. K. O. Hopsun. supervising engineer of the reclamation project here. In a letter to the water-usera promised co operation In the movement to develop pumping projects. He wrote: "The service will do its best to en courage the development of these by offering attractive rates, consistent with the Interests of the water-users and tbe United States." Construction of the Poe Valley, of Second Unit, project is urged. This project has been delayed by the ruling of the Government that work shall not begin on any project until title to all lands under the project Is clear. PENDLETON LAYS STONE NEW HIGH SCHOOL STARTS WITH 51 VCII CEHEMOW. Officials Join In Parade to Site of Building Completed Strucinre Will Coet $80,000. ii r.-v r i t ernv tr Mnv 1 0 Knecial.) Preceded by a parade of several hun dred school children tnrousn me ousi ness section of Pendleton, members of tho School Board and other officials, marching to tbe musia of a band, the nt rh. lnvlnir of thA corner- stone, of the Tendleton Hlffh School was held today. The new building will stand on tne sou in nm. Rev. Mllnes, of th Presbyterian Church, delivered the Invocation, which waa followed by music furnished by the High School Glee Club. Mayor W. K. Statlock and Dr. C J. Smith, president of th School Board and master of the ceremonies, helped apread th mortar, whll Principal Hampton placed the ' records in the vault of the corner-atone. These rec ords include historical documents, on being a list of the first public school pupils of Pendleton In 1SS8. City Su perintendent Landers then made an ad- m .hirh tu nredlcted a mar velous growth for the institution. State Superintendent. Alderman iono-ea wim a short talk. The new building will cost 180.000 and will b the finest of its kind in Kastern Oregon. GOVERNOR TOJJE SPEAKER West Will Addres Graduates at Albany ColH'fte. ALBANY. Or. Hay 10. (Special.) Oswald West. Governor of Oregon, will deliver the address to the graduating class of Albany College thla year. Commencement day at th college this year will be June li. The commencement exercises will be gin Saturday, v'une 8, with the recital of the Conservatory of Music and the Intervening days will be tilled with many commencement events. Sunday, June 8, will be Baccalaureate Sunday. In the forenoon of that day President Crooks will deliver the baccalaureate address and that night C. E. Sox, of the board of trustees of th college, will deliver the annua address to the Young Men's and Young Women' Christian Associations of the college. The pres ident's annunl reception will be a lead ing event June 10. and the annual meet. Ing of tbe board of trustees will be June 11. Tbe conservatory of music also will present an oratorio concert June 11. Purina the last two rrt Ctnsda has sus tained a loss of over S.WO,UOU worth of u-ooert br flrsa. OIiL A delicious wholesome combination for the Summer days when the appetite craves relief from heavy meats and canned vegetables. Nothing so healthful and nourishing and nothing so easy to prepare. Heat one or more biscuits in oven to restore crispness; then cover with berries and serve with milk or cream and sweeten to suit the taste. A refreshing, strengthening dish that requires no baking or cooking. Sfi-i- WOMAN GETS $5000 Antone Yocubets Pays Amount to ex-Wife at Parting. MORTGAGE PUT ON FARM Snouc Whom Crabtrc Fnrnicr Iet at Knrployment Asenry In Tort land 1.4 Married to llim but Since Jane 1011. ALBANY. Or., May 10. (Special.) Alice Yocubets. third wife of Antone Yocubets. of Crabtree. whose matri monial experiences have attracted con siderable attention from courts and officials of Linn Cotmty during the nast four years, secured $5000 as a cash settlement of her property rights when she secured a .divorce from Yocubets In the tate Circuit Court her Wednesday. Th Dronerty rlRhts were settled out of court, but the fact that Mrs. Yocubets received 15000 developed yes terday when a mortrapo for this amount In favor of Alice Yocubets and covering Yocubets' 160-acre farm near Crabtree was filed for record In the County Recorder's office. Wife Is Met In Portland. Yocubets met his third wife In a Portland employment agency. He went to Portland to secure a housekeeper and the agency furnished Alice Burns. Sh kept house for him and nis two bovs a. few months and then was mar ried to him at Albany June 29, 1911. She lias thus secured $5000 for living; with Yocubets for about ten months. Less than two weeks after the mar- rlafte Mrs. Yocubets fled to the homo of a neighbor, asserting her life was In dancer, but she soon returned Home, Bell and Ting By FREDERICK FAXNIK5 AVER "Sbsorbin-, astcmn'dinf, inspiring, baffling. London Academy. Power and originality. Cork Examiner. A great work Boston Herald. Marks of genius constantly. Troy Record. A wealth of ideas. Boston Transcript. Genuine aspiration and power. Occult Review, England. Near the stars. Portland Oregoman. Astounding fertility. Brooklyn Times. A striking book of verse. Boston Post. Prfc $2.50 G. P. PUTNAM'S SONS. Publishers, N. Y. The Pure Product of Nature' Springs. You will feel better and do better for using NATURAL LAXATIVE Jj Glass on Arising for CONSTIPATION . hriir"l 2 LL JLy IL JiL4 FOR TT T7 IF. . 7-x -W&v TP". W M S T7 T? TTI UUE1U VV O A IS trawDerrie whore everything was apparently ee rene until last November, when she caused the arrest of Yocubets and had him placed under bonds to ketjp the peace. Road la Furnished. Their trouble was adjusted this time also. Two weeks atto Mrs. Yocubets asaln caused her husband's arrest and thla time he was ordered to ftlve a $2000 bond to keep the peace, and. fall ing to furnish It, he was placed In the Linn County Jail, where he remained A FEW DIAPEPSIH WILL REGULATE A BAD STOMACH iN FIVE IfW It Is So Needless to Suffer From Indigestion, Dyspepsia, Heartburn or. a Sour, Gassy, Upset Stomach. PAPE'S 22 GRAIN TniAWGUI.ES OF DIAPEPSIH FOR INDIGESTION Registered m U. S. Pat. Ofllco "Really does" put bad stomachs In order "really does" overcome Indi gestion, dyspepsia, gas, heartburn and sourness in five minutea-that Just that makes Pape'e Diapepsln the largest selling stomach regulator In the world. If what you eat ferments Into stubborn lumps, you belch gaa and eructate sour, undigested food and acid; head is dizzy and aches; breath foul; tongue coated: your insldes filled with bile and indigestible waste, remem ber the moment Diapepsin comes in contact with the stomach all such d s tress vanishes. It s truly astonishing almost marvelous, and the Joy ia its harmlessness. A large fifty-cent case of Tape's Diapepsin will give you a hundred dollars' worth of satisfaction or your druggist hands you your money bark. . i. ( . i i m A onH wnnin who can't aet their Its worm us w ciui in e, i' . " 7 . . , stomachs regulated. It belongs In your home should always be kept "anUy ln case of a sick, sour, upset stomach during the day or at night. Its the quickest, surest and most harmless stomach doctor in the world. What Kind of Meat Are You Eating? t You can eat Government inspected Meats and Meat Products with safety, knowing that they have been inspected by Uncle Sam and are absolutely pure and fresh. When you buy meat lo.ok for Uncle Sam's "inspection Stamp. It means absolute security means that your family is enjoying the full value of clean, healthy, wholesome Govern ment inspected meat- INSIST upon tout dealer Government stamp oa au meats Uncle Sam a guarantee of clean, meats. 1 UNION MEAT COMPANY PIONEER PACKERS OF TBE PACIFIC Producer of the famous "Columbia Products 13 1th ri Streng every Try It until after the divorce was granted Wednesday. Besides giving Mrs. I'ocubets a mort gage for $3000 on his farm, Yocubets also gave a $2000 mortgage on his farm to indemnify the bondsman against loss on the $000 bond to keep tho peace, which was furnished for him Wednesday. Ccntrnlia High School Opens. CKNTRALTA, Wash.. May 10. (Spe- 138 ahowinr you .U.S yon ouy. it a uaan irnoieeomo Brand" HA J a shre Today! I clal.) The Ccntralla high school was moved into the new 125,000 buildinsl today. - The new high school, which was started in February, 1911. is one of the finest buildings of its 'kind in South west Washington. It will be dedicated June 1. FACTORY GIRL ara aa seal 4Bk art Too Sick to Work Doctor Advised Operation. Re stored to Health by - Lydia E. Pinkham' Compound. Ponghkeepsie, N. Y. "I run a sew ing machine in a large factory and got an run aown. i nan to give up work for I could not stand the pains in my back. The doctor said I needed an operation for female trouble but Lydia E. Pinkham's Vegetabla Compound helped me more than the doctors did. I hope that every one who is suffering will get the Compound. My pains, nervousness and backache are gone and I have trained five pounds. L, . j I owe my thanks to your mpriicine for it is the working girls friend, and all women who nfVr should write to vou for special advice." Miss Tlx lie Plenzig, 3 Jay St., Poughkeepsie, N. Y. When a remedy has lived for over thirty years, steadily growing in popu larity and influence, and thousands upon thousands of women declare they owe their very lives to it, is it not reasonable to believe that it is an article of great merit? - We challenge anyone to show any other one remedy for a special class of disease which has attained such an enor mous demand and maintained it for so many years as has Lydia E. Pinkham's Vegetable Compound. If yon want special advice write to Lydia E.Plnkham Medicine Co. (confl dential) Lynn, Mass. Tour letter will be opened, read and answered by a woman ana neia in sinci. ciMuiaeu TOOLS CUTLERY Stiletto Tools are made for the mechanic who wants the best. They are manufactured from th3 best Tool Steel, are prop erly made to fill his every requirement, and every one is warranted. Sold by All Hardware Dealers DIABETES treatd with greatest success without r- att4.l site. Ph7io-nutrltiv Sal-Sano removes all symp toms of the diseace, produces aln m -weight, muscles and nerve power an energy. At leading drugerlsts. ftAIs-SAXO CO w York. 8 W. Broadway. Writs for Booklet, th