6
hare the amendment withdrawn, but
Senator Jones insisted on having a
record vote. This amendment, had it
carried, would have effected a savins
of thousands of dollars to Northwest
ern grain and potato-growers, especial
ly those who export their produce, and
it was on this theory that Senator
Jones urged the amendment. He pro
posed the same amendment to the
Payne-Aldrich bill.
Five "Progressive". Republicans, Cum
mins, Norris. Kenyon, La Follette and
Brlstow. joined with the Democrats to
day in defeating two amendments by
Senator Jones placing a duty on shin
gles, which are free in the Underwood
bill. His first amendment proposed a
duty of 40 cents, 10 cents less than
the Payne-Aldrich rate, and this was
voted down. The Senate then voted
down an amendment placing a duty of
25 cents on shingles.
Senator Jones contended that placing
shingles on the free list would work
great damage to the shingle industry
In his state, because of Canadian com
petition. COOSE
GRANTS PASS BOND
ISSUE IS NOT LEGAL
TREATMENT OF ONE PHASE
OF THE WHITE SLAVE CURSE
Deportation of Leach Due to
Trouble-Makers' Acts,
Says Crawford.
Another Election Is Necessary
Before City May Build
- Railroad.
THE -PEOPLES MANAGEMENT
stakes its reputation on the pre-eminent excellence
of this feature
REPORT MADE TO WEST
CHARTER TO BE AMENDED
XONERATED
DENOUNCED
Supreme Court Tells Municipality
How to Proceed In Voting Paper
to Construct Its Proposed
Line to California.
SALEM. Or.. Sept. 2 (Special.)
The State Supreme Court today, in the
'suit of S.H. Riggs against the City of
Grants Pass, in an opinion rendered by
Justice Eakin. held that the defendant
could not issue bonds with which to
build a steam railroad outside the city.
Last December th- city voted to Issue
200,000 bonds for building a railroad
to connect with another having its ter
minus in Crescent City. Cal. Mr. Riggs,
a property owner, filed suit to enjoin
the issuing of the bonds, and the city
was sustained by the Circuit Court. In
reversing the opinion the Supreme
Court holds that under the old law a
municipality cannot issue bonds with
which to do work, outside of its limits.
It is held that before doing such work
a municipality would have to obtain
permission through the passage of bills
by the Legislature.
A bill was passed at the last session
of the Legislature which gives munici
palities the right to issue bonds for
work outside of the cities, and Justice
Eakin said tonight that Grants rasa,
if the people so willed under the new
law, could amend Its charter so as to
make the $200,000 bond issue legal. The
bond election in December was held
under the old law.
The opinion calls attention to two
similar cases, the most Important be
ing the Tillamook port suit, which was
decided against the city. -
The charter of Grants Pass provides
that $30,000 should be the maximum
bond issue, and the court held that
the residents could not amend the
charter so as to provide for the pro
posed $200,000 Issue.
The opinion in part follows:
This 1 a suit U restrain the City of
Grmnta Pass from taflulnff and selling bond
of the city and from expanding any money
or Incurring; debts to purchase rlffht of way
or bulldlnv. owning; or operating a railroad
either within or without the city. An
amendment to tho city charter, known as
section 3 A, provinee mo common muncuj
h&n have, authority and Bower and ft
hereby granted authority and power to in
cur Indebtedness and pledge the credit of
the rlty fr tho nm of J'JOO.OOO. In addition
to other Indebtedness of the city now out
standing for srenertU municipal purposes
In building bridses, roads or elactrlo or
team roads or tramways wttbln or without
tho City of Grants Pus, In Josephine
County, Oregon; to buy and hold real estate
for municipal purposea . .
An ordinance passed by the city pro
vided for the Issuing of these bonds.
The questions considered by- the court
are:
The power of the city to amend its
rharter authorizing the Council to bond
the city to the amount of $200,000 for
the purpose of building a railroad to
i -ft" j -" - .
h f t h f r the act of the Legislature of
February 27. 1913, authorizing incorpor
ated cities to build, own and operate
railroads, operated to give validity to
said charter amendment. The court
holds:
A municipality cannot amend its charter
to confer Itself power or authority beyond
what Is properly municipal or rorernmen
taL The power of tho Legislature Is un
limited when not restricted by the consti
tution, but such power does not extend to
a city except as granted by the state. Sec
tion or section 1 A, article 4. of the con
stitution do not confer such power. The
rights there given are municipal. The ef
fect of adding section 03 A to tho charter
was an attempt to Ignore the state authority
and to assume sovereign rights. Further
more, such an amendment was only an at
tempt to enlarge the powers of a city in
addition to those conferred in section 93
an not an attempt to legislate.
We cannot recognize the attempted char
ter amendment as it was beyond the power
of the city - to assume to Itself sovereign
power that rests exclusively in the state.
Defendants insist that the legislative act
of 1!H3 gives validity to the charter
amendment of December, 1912, but It can
nave no retrospective effect. It does not
' operate as an amendment of the city char
ter, but charters may be amended to take
advantage of powers granted.
The attempted amendment of the char
ter was unauthorized when adopted and
the legislative acta could give It no validity.
Neither It nor the legislative act authorize
a particular Issue of bonds to build a par
ticular railroad or purchase any particular
real estate: but before the city can have
the benefit of the statute It must act
affirmatively by malting its charter conform
to It and then proceeding In the manner
provided In its charter and -ordinance. Sec
tion 2. article II, of the constitution con
fers powers and authority upon cities to
. form their own charters and make their
own laws within their municipal needs. That
Is In local and special municipal legisla
tion. "Authority beyond that must come
from the sovereign, namely, the Legislature,
by general laws, or by the people by general
or special laws. '
Therefore, the court horns that the city
Is not authorized to issue or sell the bonds
sought to be Issued or sold.
BOXDS AVJLIi BE VOTED AGADf
Grants Pass to Revise Charter and
Call Another Election.
r-o ivtc pjfifl Or. Sent. 2. fSDS-
cial.) The decision of the Supreme
Court today was one of much concern
to the City of Grants Pass and Jo
sephine County.
t. i kak..m1 that the dtv charter
will be revised at once to comply with
the requirements of the law. There has
been no change of opinion regarding
the benefit to tiranis rass oi ins pro
posed road and it Is predicted the
voters will sanction the $200,000 bond
Issue a second time.
DUTY ON BAGS-IS RETAINED
Chamberlain and Lane Oppose
Amendments.
OREGON1AN NEWS BUREAU, "Wash
ington, Sept. 2. Senators Chamberlain
and Lane today Joined other Democrats
r .h. s.nniA in voting down Senator
Jones' amendment to the Cnderwood
bill placing Jute grain Dags on me
free list. When this amendment was
offered recently It was referred to the
finance committee and for a time there
appeared to be a prospect It would be
reported favorably, but the Bemis Bag
.... .. ,- Ar Ttrtitnn snH the Ames
Bag Company, of Portland, flooded the
committee with protests, saying the
amendment would ruin their business
and on this showing the committee re
fused to accept the amendment.
cnnatA, T.a n nersonallv was favor
able to the amendment, but under his
caucus pledge was compelled to vote
. n n.t his convictions. Senator Cham
berlain has been apparently hostile to
the amendment rrora tne rirsx, ana nas
received telegrams and letters from
Mr Ames, urging him to oppose the
amendment. He at -ought to
PIONEER DIES AT DALLA
J. J. WILLIAMS, EX-SHERIFF,
PASSES AT 83 TEARS.
Xatlve Tennesseean, . Resident of
Oregon Since 1844, Going to
Polk County in 1845.
DALLAS, Or.. Sept. 2. (Special.) J.
J. Williams, 83 years old and pioneer
of this city and county, died here Sun-
h 4 '
- w " ;
J. J. TVIIIHimB. Pioneer of 1844,
Who Died at Dallas.
day. He waa born in Granger County,
Tennessee. . In 1844 he came to Oregon
with his n'arents. Mr. and Mrs. J. K.
Williams. In 1845 he settled in Polk
County, on the- Luckiamute River, and
since that time. Polk County has been
his home.
Mr. Williams and Sarah A. English
were -married In 1852 and as a result
of this union, five children were born.
Those living are: Susan Lewis, of Lew
isvllle. Polk County; Mary A. Hooker,
of Independence; Jennie Hamlin, of
Portland, and Clara Keehaver. of Leb
anon. In 1863 he married Alice Eckersley
and as a result of this union five chil
dren were born. They are: Otho 'Wil
liams, of Dallas: Ethel Woods, of Dal
las; Ralph E. Williams, of Dallas and
Portland; Hattie Rhodes, of Seattle,
nd Walter Williams, of Dallas.
Mr. Williams was Sheriff of this
county for two terms.
Mr. Williams father waa a member
of the first Legislature of Oregon un
der the provisional government. His
son. Ralph E. v imams for several
years has been Republican .National
Committeeman from Oregon.
MOISTS IN RAGE KILLED
TWO OTHERS HURT AS CAR
SKIDS OFF BRIDGE.
Seattle Men Victims of Accident in
Automobile Club's Relia
bility Tonr.
SEATTLE. Wash, Sept. 2. George
Walsh waa killed and Harry Gray and
Walter S. Brown were injured late to
day, when the car driven by Gray in
the Seattle Automobile Club's reliabil
ity tour for the Post-Intelligencer
trophy skidded off a bridge at Oxbow,
near the south limits of Seattle.
All were residents of Seattle. Walsh
who was an automobile agent, was 26
years old. Gray was severely cut about
the head, but Brown was not seriously
hurt. - -
The automobile, which was on the
home stretch of the 421-mile run to
Grays Harbor and return, had been
disqualified a short time before the
accident for running by a control ja.t
North Puyallup ahead of time.
The automobile was rounding a curve
on the trestle over the Duwamish flats
when the wheels skidded on the wet
planking and the car crashed through
the railing and fell to the flats 10 feet
below. Walsh was killed Instantly,
the automobile falling on him and
crushing his head.
JURY VISITS FATAL SPOT
Trip Made From Albany to Lebanon
to See Scene of Accident.
ALBANY, Or., Sept. 2. (Special.)
To view the Lebanon sawmill, where
Warren McDaniel was killed January
4, 1912, a Jury from the Circuit Court
here went to Lebanon this afternoon.
The Jury was selected this afternoon
to trv the case McDaniel widow, Nel
lie McDaniel, of Pendleton, instituted
here for $25,000 damages because of his
death.
The Jury will return tomorrow, when
the trial of the case will be resumed
before Judge Kelly.
BANK IN FINE NEW. HOME
First National at Albany to Have
Formal Opening Saturday.
ALBANY. Or.. Sept. 2. (Special.)
The 1rst Ixationai isanK oi -n.ioa.ny
W.fru n Knln.i tnriav In it new 8100.-
000, five-story structure. The building
is one or tne most maaern structures in
The formal opening of the bank In
its new quarters will take plaoe Sat
urday aiternoon ana evening.
Centralia Labor Day Quiet.
CENTRALIA, Wash., Sept. 2. (Spe
cial.) For the first time in several
years no Labor day demonstration was
t..kl In Pantr.Ha vMtinlBV. Thw hntikl
and Postofflce closed all day, and the
stores c'osrfl r.i noon
Attorney-General Bitterly Arraigns
Disturbers and Says Oregon Law
makers Have Not Courage to
Adjust Differences.
SALEM. Or.. Sept 2 SpeciaD
ThaTthe deportation of Dr. Bailey
Leach. Socialist itor of Bandon. was
a result of the world-wide fight be
tween capital and labor is a "t?"
made today by Attorney-GeneIaiSfTn
ford in his report to Governor West in
connection with his Investigation of the
Coos County trouble. The fight arose
in this state, says the report, because
politicians have, not the nl
enact legislation that will adjust such
differences.
Al Powers, of the Powers Lumber
Company, is exonerated, and Sheriff
Gage Is virtually found blameless by
Mr. Crawford. The Attorney-General
says he could find no evidence impli
cating any particular person, but the
general belief is that members of the
I W. W. were the indirect cause of the
deportation of Dr. Leach, because of
the allegation that they had fomented
strikes in mills and logging camps.
I. W. W. Principles Denonnced.
The Governor Is informed that all
evidence and data obtained have been
turned over to the Circuit Court of
Coos County for the. consideration of
the Judge and District Attorney. In his
statement regarding the principles of
the I. W. W. the Attorney-General says
these trouble-makers seek to drive out
the owners of mills, factories and all
employers of labor and take charge of
the industries. "They would take forc
ible possession of all things they may
need," says the report "and to accom
plish these results the worker is to
use all means possible, even to the de
struction of property and life." The
I. W. W., continues the Attorney-General,
will consider no question of right
or wrong and seek to help themselves
regardless of the rights of or the re
sults to others. To accomplish these
results, says the Attorney-General, all
machinery and plants are to be ren
dered useless by any means whatever.
Regarding the difficulty in the mills
at Bandon, the Attorney-General says:
"Railroad spikes with the heads cut
off would be found driven into saw logs
out of sight, and found only when the
saw struck them, ruining the saw and
endangering the lives of the employes;
logging roads and rails were frequent
ly oiled or some substance put upon
them rendering them dangerous to em
ployes and property."
Trouble-Makers Arraigned.
The report, which is regarded as the
most bitter arraignment of the I. W.
W. ever Issued by a prominent state
official, in part follows:
Dr. B. K. Leach supported the doc
trines of the I. W. W. and in drastic
language denounced all capital, capi
talists. Industries of all kinds and mer
chants. He stated, as one witness says,
that he was an agitator and In sym
pathy with the principles of the I. W.
W. These principles, as near as I was
able to learn, are:
"First To penalize all Industries
with a view of confiscating the same.
drive out the owners and proprietors
and take forcible charge of the mills,
factories and other industries.
"Second In the meantime to take
forcible possession of all things they
may need.
"Third To accomplish these results
the worker Is to use any and all pos
sible means even to the extent of the
destruction of property and life.
"Fourth No question of right or
wrong is to be considered.
"Fifth When the proper time comes
workers are to help themselves re
gardless of the rights of or the results
to others and agreements with employ
ers are to 'be considered binding only
on the employer.
"To accomplish the foregding, all
machinery and Industrial plants are to
be rendered useless by any means
whatever cutting belts, putting emery
dust in bearings, or in any manner so
long as the desired result is obtained.
"Dr. Leach's support of the above
principles culminated in his deporta
tion.
"A perusal of the said leaflet pub
lished by Dr. Leach indicates that he
was endeavoring to link the Socialists'
party and the I. W. W. together, evi
dently in order to strengthen the po
sition of the latter. He was guilty of
defaming the United States lfag."
UPPER RIVER MOVE ON
SPOKANE WOTJID OPEX COLTT5I
BIA TO ARROW IAKES.
3Ietropolis of Inland Empire Names
Committee to Learn Status of Big
Stream From Pasco to Iitne.
SPOKANE. Wash., Sept 2. (Special.)
A campaign which may extend over
many years and looking to the opening
of the Columbia River to traffic from
its mouth to the Arrow Lakes in Brit
Ish Columbia, has been undertaken by
the Spokane Chamber of Commerce.
At a meeting of the trustees today
President Charles Hebberd was author
lzed to appoint a special committee of
three, to be known as the Upper Co
lumbla Committee, for the purpose of
Investigating the status of the river
from Pasco to the boundary, and mak
ing a report to the Chamber of Com
merce with recommendations for future
action looking to an open river follow
ing the completion of the Celilo locks.
The movement is considered one of
the most Important campaigns at the
.year and second only to the industrial
campaign startea last -au.
An open Columbia River with a
waterway , through the 'State of Wash
ington communicating with interior
Doints in British tjoiumma nas Deen
the dream of cheap transportation en
thusiasts for years, but lack of co
operative effort up to this time has
failed to bring Government recognition
to the territory involved.
The special committee, which will be
aDDOlnteri by the president oi tne cnam
ber of Commerce immediately, will
make a survey of the field at once
with the view of recommending a
working plan for the commercial or
ganizatlon here to follow to interest
the Washington delegation in Congress
and to attempt as soon as possible to
secure Government recognition in the
project
The most hyfflenlo country In the world
Is Sweden. In ths opinion of Professor Irv
trw Fisher, of Yalf
H
iini
ARCADE THEATER
Washington Between Sixth and Broadway
PELLEAS and MELISANDE
A Three-Reel Exclusive Classic
L . ' '
II - : " i
n ' ... 1 m mm sft A 4a sr" srK I
ROE TO BE HOST
Portland, Eugene & Eastern
Drives Gold Spike Today.
250 GO FROM C0RVALLIS
Delegation, Headed by Brass Band
and Accompanied by nremen
Drum Corps, to Celebrate
Realization of Dream.
CORVAXXJS, Or., Sept 2. (Special.)
t r ij Kw Contain TTn rrv Beard s 18-
ncucu . r
piece band end the Firemen s Drum
Corps, 250 corvains cmzeus m b
the Portland, Eugene & Eastern
golden spike celebration at Monroe to
morrow. A five-coach special will be
run from here. Mayor W. K. Taylor
will represent Corvallis on the pro
gramme and N. R. Moore the Com
mercial Club. Each member of the
Corvallis party will wear a badge
bearing a great red heart, th insignia
of Corvallis, "Heart of the Valley,
and the words: ""VVe welcome thee.
P E. & E. Your golden spike looks
good to me." As a compliment tomor
row the words, "Rah for Monroe,
watch 'er grow," find a place on
badge.
II hatn'oAn f?nrVJl.lllS &lld El-
gene, the completion of which is to be
celebrated tomorrow, was '
Stephen Carver six years ago as a log
ging road and, with promise of early
passenger service, Corvallis and Ben
ton County business men subscribed a
bonus of 120,000 and the road was built
as far as Monroe and to the timber
above Alpine. There was a lack of
funds, however, and the line proved of
u.ti. ....ir.i.j an a 1 n fd n c road and
passenger traffic was nil, until two
years ago, wnen me ruiuanu, .cubcuo
& Eastern took it over Since that
xi v. i... kaar o minor rifLssenerer
uuie Li.-.i v -j - r
service, but the line has been extended
to Eugene.
The road was completely rebuilt and
i aa in. a nlAHA nf construction as
there is in the state, and with the
golden spike comes the luiriumeni oi
the- Corvallis dream.
The business men of this city have
entered heartily into the celebration
and In an hour's time raised 160 to
secure a band and Incidentals for the
occasion.
ELK INCREASE IN YAKIMA
Animals Liberated Are in Excellent
Condition.
NORTH TAKIMA, Wash., Sept. 3.
(Special.) The herd of 48 elk, brought
to Yakima County last Fall frem the
Yellowstone Park by Game Warden
Bryant and turned loose high in the
XT v. V.Haii hai InprpflRMl AO Or 70
per cent, according to reports from
ranchers in the Ioomins.
w t. fitavATis of the Buckeve ranch
while hunting horses Saturday, saw
about 40 elk, or wnicn i were kbic.
The animals were In excellent condi-
tlnn anil 1 1 ! f TATTIA.
Three bulls and 46 cows were in the
lot brought from Montana. The elk
will be protected until 1925 and it is
expected the original 48 animals will
have increased to 4000 or 000 by that
time.
Headless Bodies Found in Alps.
GENEVA, Switzerland, Sept. 2. The
headless trunk of two IUlian Alpine
IP
A Powerful Two-Reel Rex.
The Plot Grips With Nameless Fascination.
The Actors Portray Their Roles Superbly.
The Entire Photodrama Strikes at the Heart of the
Most Potent and Insidious Evil of the Age.
Beyond the Power of Contradiction One of the1 Best
Productions of the Entire Year.
Programme Also Contains Clever, Refined Comedy,
Regular Interesting Weekly and Two of the .Best
Singers in the Entire City.
AitmhAfa worn found last night near
Simplon Pass, on the Swiss-Italian
frontier. The police. - assisted by a
strong force of guides, are searching
the neighborhood for the missing
1 la Aa tVlArA waa TIO mOtlVO fOr
robbery, it is believed the two men
were victims of the jsiacit nana.
RANCHER TO STAND TRIAL
Wealthy Man Accused of Attempt
ing Arson lVear Colfax.
COLFAX. Wash.. Sept. 2. (Special.)
Lew Cochran, a wealthy farmer liv
ing north of Colfax, who Is charged by
Sam Lyons, a neighbor, with an at
tempt to Durn a mresning
...awn in .Timflnn Court today.
Cochran pleaded not guilty and will
be tried In superior jouri
The machine was tnresning on
Lyons ranch.
John T. Browning Drops Dead.
CHEHALIS, Wash., Sept. 2. (Spe
cial.) Telegraphic news was received
here this morning announcing the
sudden death of John T. Browning at
the home of his daughter, Mrs. S. E.
Burnham, at Boise, Idaho. Mr. Brown
ing, who was 88 years of age, dropped
dead on a Boise street. ' Though ad
vanced in years, he had enjoyed splen
did health, spending a part of the time
with his children at Chehalis and a
part with Mrs. Burnham. He was a
pioneer In Lewis County, coming here
about 60 years ago. Three sons. Ar
thur Browning, of Wenatchee, Wash.;
John and Charles Browning, of Che
halis, and four daughters, Mrs. John
T. Newland, of Chehalis; Mrs. Jessie
Gregg, of Adna; Mrs. Jason Royal, of
Portland, and Mrs. 8. E. Burnham, of
Boise, Idaho; survive him.
ABSOLUTE
SAFETY
rpHE advantages of a
banking account
are emphasized -wherever
business is trans
acted. We offer you absolute
safety for your money
and every convenience
and courtesy known to
modern banking.
United States
National
Bank
' Third and Oak Sts.
Resources over
$13,000,000.
STAR THEATER
Washington and Park
Four Reels of the Hagenbeck and
Wallace Combined Circus
FRIIII SALE IS CLOSED
HOOD RIVER APrLES BOUGHT
BY NEW "STORK FIRM.
Stcinhardt & Kelley Secure 20 0 Car
loads of Extra Fancies From
Growers' Association.
HOOD RIVER, Or., Sept 2. (Spe
cial.) Although he was here but a few
hours, leaving during the afternoon for
Mosier, Joe Steinhardt, senior member
of the New York fruit firm of Stein
hardt & Kelley, purchased 200 car
loads of extra fancy commercial va
rieties of apples from the Apple-Growers'
Association. Neither Mr. Steinhardt
nor the members of the local associa
tion felt free to give out the price paid
for the fruit on an f. o. b. basis. Mr.
Steinhardt said:
"I feel sure that the local growers
Buyers' Week
AT
Hotel Multnomah
Every merchant visiting Portland during Buyers' Week will certainly
take advantage of the special rates made for week September 1 to 6.
A fine outside, room for one
Add one dollar
The Arcadian Garden
Of course, will be the center of attraction in Portland during lunch,
dinner and after the theaters.
THE 50c MERCHANTS' LUNCH will be continued during
Buyers' Week.
The Hotel Multnomah
Revue Follies 1913
Under the direction of Miss Nancy O'Neil
Entire Change of Programme
Miss 0 'Neil Miss Jean Howard
Miss AVells Miss Janice
Miss Archambeault Miss Martell
Miss Howard Miss Martineau
Miss Grant
MOST SPECTACULAR, ORIGINAL AND ATTRACTIVE
ENTERTAINMENT
ALSO
The Popular Hotel Multnomah Orchestra
Under the direction of Herman S. Heller
H. C. BOWERS, Manager. G. THIGPEN, Asst. Manager.
are going to be well satisfied when
they get their returns from this sea
son's apple crop."
The New York buyer came here from
Wenatchee, where he had bought sev
eral hundred carloads of apples. Ho
also made heavy purchases from the
growers of the Yakima Valley. ,
"I will confine my purchases in the
Northwest to these three districts," said
Mr. Steinhardt. "I have been on a buy
ing trip now for two weeks and in
that time have covered 10,000 miles in
my travels and bought approximately
1, 500,000 worth of fruit."
Cashier Accused of Embezzlement.
SAN FRANCISCO, Sept. 2. A war
rant for the arest of Charles B. Gibson,
cashier of the local branch of a New
York safe company, was sworn this
afternoon by John Lynch, manager of
the San Francisco branch of the com
pany. The warrant charges felony
embezlement. Lynch said that his
cashier's peculations within the past
year would amount to 2300. Gibson
is now on his vacation and his where
abouts is unknown.
THE-
dollar; with bath, two dollars.'
for two persons.