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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 6, 1905)
THE 'MORN IK OREGdy I J&TUTO AY 1 &A"t:"6, 1905. B. Mark Your Ballot 14 X For He Evades Nothing W GLAFKE "ON THE FENCE W. B. GLAFKE A Business Man for Mayor Means: i Read These Clippings: An administration conducted on busi ness principles; operated in the most economical manner consistent with effi cient police service, cfean, , well-paved streets. Every effort will be expended to serve the laboring man, the broker, the banker, the business man, with the ut most consideration. If you Vote for Glafke It means an honest, systematic adminis tration of the city's affairs; a municipality properly' managed by an employe fully conversant with all the methods and man ners of a 20th Century business house, Glafke's Election Means Full Value for Every Dollar Spent 1 -- fll K"- r n T ill Hi M - v. -"Sy J .lv-J'.' W. B. Glafke,. after betas; latredaced a "Portlaad'a Mayer," aaldt "For the past two or three -weeks I have been adaa-eaalagr meetings alsaeat ntzbtly, and la that time have read, talked about aad explained ray plat form flatll It icemi that every oae ahoala" kaorr It by heart, bat It appears that there are some who, -whether will fully or Bust, do aot yet aadcmtaad It. When Tre atartrd l.n oa tht campaign I we stated that we would deal aolely with the facta aad that there would be ao raadsllaiclBK, aad this promlae I thlak ha been falfllled. I have ao ' quarrel with aar of the candidates raarflax; for the Mayoralty, bat lately there have bcea things aald rejrardlaa; my poaltloa which X thlak require aa aaswer. It has been aald that I am evasive aad uncertain, that I am try lagr to evade certala queatloaM. I un derstand It has been aaldi 'lie has re-i fused to aay that !ie will eaforce the 1 o'clock saloon ordinance. I believe that you 'who have beard me la the paat three weeka will aay that I have been very definite oa that subject. Bat I will say again that If I am elected Mayor, aad ao leas as the ordlaaaces" direct It, the saloons of Portland will be j cionea.at x o'ciock every morales;, ana this applies to the biff ones aa well aa the small. There are ten commandment, and oae of them says, Thou ahalt aot lie. la explaining my platform I have thla commandment la mind."' After readlag hi platform, Mr. Glafkc continued: "The promise of a buslaeaslike ad ministration means that for every dol lar apent a fall dollar's worth will be received, every man worklag for the city will have to rare every dollar he sets, aad there shall be a fall eight hour day; there will be ao pensioners on the city's payroll. The laws per-tainlag- to saloons, gambling and other vices will be eaforccd, and It seems to me that this covers the 1 o'clock ordi nance and all others. The Police De partment will be compelled to enforce the laws, aad If aay saloon fails to comply with the ordlaaaces Its llceaae will be revoked. "Should I he elected, I will go lata' office as ao ether Mayor has dene la- 29. years. I will go la free from aay pledge or promise. This will leave me .eatlrely free te carry out ray policies HBhladered." Oregoalaa, May 5. Mr. Glarke took a fall out of the can didate who had caused It te he circu lated that he waa evasive aad nacerr tain. la that he had failed to say. whether or not he would eaforce the 1 o'clock saleoa-eloslag ordlaaace. He gave It te be uadersteod that aot only would he eaforce this ordinance agalaat the big saleeas as well as the little oaes, bat that the laws against gam bling aad all ether vices weald he en forced. He promised that when the city catered late a coatract to have a piece ot work done, that work, weald be done and the ceatractor would eara every dollar he got. 3Ir. Glafke re read his heretofore published platform aad promised to live up to all promises therein contained. Telegram. May 3 Mr. Glafke'a speech was the featare of the evening. Oratory was aot his1 profession, bat the manner aad, w.ords of the business man were pleasing and with these oratorical qualifications, he catered late brief discussion ef condi tions which he Judged were dominant in the municipal issue. Mr. Glafke took occasion to explain his position la regard to the 1 o'clock: closing ordlaaace for saloons, about which there have been raaay state ments. He did aot understand how he could ever have been Interpreted as fa voring open-all-alght aaleoas, aad af firmed that he would eaforce this ordl aaace firmly, p la this coaaectfon he said he would eaforce ordinances and laws. t "There are ten commaadments," said the candidate, "aad oae- of these says 'Tfaon shalt not lie. In. explaining my platform, I have this la mind. Jour nal, May 5. . W. B.GLAFKE--Mark Your Ballot 14 X for-W.B. GLAFKE CAN'T ME RATES property. Thce decisions relate to : charjje pr ton per mile to and .from the. port of the different states, and. that a reference (Continued from Tirt Pj,v i Jon, that the .formation of : tariff of jharges 'or the transportation bj a common carrier it persons or property la A lcslFlatlvc or ad aihilntratlve rather than a judicial function. The court arc not authorized to revise or change the body of rates Imposed by a Lgls aturc or a commission; they do not determine A-7Cther one rate is preferable to another. r what under all circumstances' would be 'air and rea?onablo ad between the carrier md the rhlpper.; they do not engage In any Mere administrative work. ..... .Va wc have seen, it is not the function ot Jie courts to catabllt-h a schedule of rates. He also cites the same authority as saying, Jn Interstate; Commerce Com--mission vs. Cincinnati. New Orleans & Texas Pacific Railway Company: It i one thing to Inquire whether the rates s'hich have "been charged and collected arc -eawnablc that Is a Judicial act; but in cn Jrtly different thing to prescribe rates which ihall be charged In the future that la a lei iclative act. ... The power to pre2rjbc.a tariff of rated for ;arriagc by a common carrier is a legisla te and aot an administrative or Judicial func .ion. From these decisions. Mr. Moody concludes: Assuming then that the rate-making powr if a legislative function and not a Judicial .unction, it follows nccersarlly that, under ur scheme of government. Congress has rot be right to veat It In the courts1. .either by conferring original or appellate ''Jurisdiction jver the subject Under the Constitution the icparation ot the legislative, executive and Judl ;lal power is complete, with some exceptions aot relevant to this discussion. Dispute has wmctlhieff arisen as to whether some panic alar function li legislative or Judicial. But wherever 'Cotigrcw has conferred- any function rlearly not Judicial In its nature (and the -ate-malilng power is such) upon the courts, the cdurts lia've declined to accept It, have declared the law which .made the giant of jower to them unconstitutional, and thc.ex srclse of the power therefore unlawful. I conclude, therefore, -that Congress cannot onfer. consistently with the principles or -he Constitution, upon a court.-of the "t'nited states, either by way of original or appellate lurU-dlctlon. the power -to tlx and determine atfway rates for the future. Power Courts Ileal Iy Have. He then proceeds, tq-sho-' tvhat -authority the courts have over Govern ment rate-maklnsr. He quotes the ilfth intendment to the Constitution as say ing; That no person shall be . . . deprived of ite, liberty or property without due procem jf law: nor shall private property be taken ,'or public use without Just compensation. Then he quotes the 14th amendment as providing: that no state shall "de prive any person of life, liberty or property without due process of law; nor deny to any person within its ju risdiction tbc equal protection of the" laws. .He. continues;? , ' Though once' doubted. It' now-settled that he 3lUe process of law required by the 14th imNwlment.- prohibits ,lic taking ot private sropfty for public use without Just compen t!6i. ; i Oiff of these-eoru5tltQUenalproviMone -stows be autboritjpof the courts of the United States iverthe sn&iect or legislative rate-making; the Mta'-sweimcBVbcfas "ibc source of authOr iy Is faT-laarate'.aMildrils Undertaken bj "onffeW. aiiSrtbc Hih anrtbehentvbelnt -the oufotf of atotttfcrity so far as falft-pnaVlnj: is jncrtxen by le. JUeyiwaiures -or tne states. Hi,: cites severalSJlprcme. Court, vdje. cij-i&B, hol?inc that it was a judicial lo'ia$- and duty to Inquire whether the jegSsiative rates .presennea were un J ust ' Ss Bitaaii aV3B-'LeIicepk J- prActlmtiiHIbtCtHhTtr "of state ratc-maklnsr, but Mr. Moody eays "The jwime reasoning, however, tfould lr&i j to the fame result In considering ' trie applf- , cation of the tilth amendment to the Con- J stltution to the action of Congirs. or any administrative body exercising sucli lawful pow ers over the aubject as may be conferred con stitutionally by Congress. 1 am therefore of the opinion that the enforcement of any rates, prtairlbed by such National authority would be restrained by the courts If they were ot ruch an unreasonable character as would deny to the carrier Just and reasonable compensation for Its aervices. and thereby ne cessarily deprive It ot Its property without Just compensation or due process of law. The authority of the courts to Inquire as to the character and effect of rates fixed legislative ly, and to prohibit their enforcement. If eon- : flsca'tory. Is clear. Moreover, any law which riiould undertake to- deprive the courts of this authority, in: my opinion, would be un constitutional, upon the same reasoning by which a stale law undertaking to do this wa held to be In violation, of the 14th amendment. Preference Between Ports. He next cites article 1. section 9. par agraph 6 of the Constitution asfollows: ?fo preference olall be given by any reg ulation or commerce or revenue to the ports of one rtatc over thofe of another; nor fhall vessels bound to or from one atate be oblltJ to enter, clear or pay duties In another. .He also cites the well-known pro vision in the same artiole giving Con gress power "to regulate - commerce with foreign nations, and among the several states, and with the Indian tribes." As regrards the clause first quoted, he says: The test feoems to tc whether the action of Congress a dlroct preference to the port? of one state over tboc of another, or merely preference which results incidentally from such action: It the former. It is In conflict with this clause of the Constitution; it only the latter. It Is not.' He cites a.douision of the Supreme Court on a.; &&'sjs, arising out of a pro vision by Congress that a bridge across the Ohio at Wheeling. W. Va., should be at uch a height as would hamper navigation -and divert commerce from ports further up the river. Tn.this de cision Justice "clson said , . It will not do to 'iay that the "-exercise of an admitted power of Congrcns conferred by the 'Constitution is to "be withheld, if Jt ap pears, -or can be shown, that 'the 'effect and operation of the-" law may incidentally extend beyOrSr'thO. limitation of the 'power. . . . lnfoar the-clatije," In terms, eni-to; Import afohlbltlon against -some positive. legislation, by CotigrcfalowihJs 'effect, .and", hoi. agathst any 'incidental advantages that ihlght pebbly result from the legislation of Congress tipon other subjects connected with commerce, and confessedly within Its power. KcaMjnable Hates to Ports. Mr. Moody's conclusion from this de cision is: It- would xtm from the reasoning of this case that the effect of prescribing rates on land transportation to and from the ports of the country, even though they may be .preferential , In their nature. Is so Indirect and Incidental that It does not -constitute -port' preferences within" the ' meanlngo"r""tb"la"cIa'ns r S. YVnOllnllnn . But It is rot neceseary for practical pur-. pases to go so far as to say -that no regu lation of land transportation can be con ceived which would be In conflict with thjt clause of the Constitution. It Is enough to say that-If . any such may be made bereafler a will arbitrarily and directly -prefer the ports of one atate to those: 6f another, it win be declared void by the courts. It may wfll be MByi that la IfgislaUngupoa -he sub-; Ject Oongreae will lay down as tne sulding rule for the determination of, raiea'that tbey .fhall be reasonable. Just and 'impartial. That rule would be tke" lawt and the commission would "be" charged '-with 'Its execution, after aacertainlng and deciding what would be- Just reasonable and Impartial rates. If It 'be -claVtrcd that-nate conforming to this .standard 7irt 'certwlthhlsryhtigr .of ."flrejCwstt "tioEr becaue"'tey to "a'af eribe a ttfil&na if given to the ports of those" .states where the lower charge prevails,- I have no hesita tion whateVcr In cxprcwlng my dissent from this claim. I cannot believe that Congress, acting In pursuance of Its unquestioned power to fix the rate for transportation on land, would be forbidden to require that the charges for It-should be Jji't. reasonable and Impartial, because, owing to natural conditions and those growing out of the development of the coun try, euch charges resulted In a different rate per ton per mile to and from the -different ports of the country. Many decisions of the Supreme Court, which need not be cited, es tablish the rule that the broadest inquiry' Into all the varying business conditions which sur round transportation by land may be under taken for the purpose of determining what Ip a just and rea-onable rate. Suppose that a field of production were equidistant from the Saturday. May 6. The wedding will be a quiet affair at Wood Icy, the Summer resi dence of Senator Ncwland?. only members of the family being present. I ES T MATE BUILD EIGHT MOTOR - CARS ! Union Pacific Will ,Use Gasoline on ; Orcson hort Line. OMAHA. Xcb.. May 3. (Spcclal.)-Jt Is anuouueed that the Union Pacific will ' build eight gasoline motor-cars similar , to Union Pacific motor-car No. 1, and . five cars will be taken to Salt Lake City . and Installed in service on the Oregon Short Line. j The cars will be longer and heavier than ' CANDIDATES FOR REPUBLICAN AND DEMOCRATIC NOMINATIONS IN THE PRIMARY ELECTION TODAY. The candidates for the various nominations are: Mayor. Democratic George H. Thomas. Dr. Harry- Lane. republican. George II. Williams. II. S. Itowe. II. ft. Albee. W. B. Glafke. Fred T..Mcrrill. Spencer H. Cooper. Auditor. Thomas C Dtvlln. . Treasurei. J. E. Wcriein. Joseph W. Beveritigc. City Attorney. U A. McNary. . . E. T. Taggart. Municipal Judge. A. B. Ferrcra. Charles Petraln. Otto J. Kraemcr. T. B. llcDevltt, Sr. George J. Cameron. Thad W. Vreeland. Taul It. Deady. CouBcllmaa-at-Large. Ward Councilmen. Democratic. W. J. Clemens. 1LA. Hcppnef. ; W?H "Barry. A. X. Wills. J. X. PavtSflfr A. BManley.- 1 .George M. Hyland - George P. InL G. A. Toa-nstn'd, jon O. Thomas J. I. EhartseyTi-.! . Dan Kellahcr. Charles X. Ilyan, D. J. Qulmby. Thomas Guinean. A. F. FlcgeL . ", . A- Townifcn'dj- Dhn Annand jSpc ' . J. GroeS . homas Gra?" . Republican. Ward 1- Robert A. Treaton. T. J. Concannon. . Ward " W. G. Rouen. U,M. Sullivan. . Sam Wagner. Ward S George D. Dunning. S. A. Arata. Ward 4- . George S. Shepherd. A. K. Bcntley. Ward 5 I. Friedman. A. J. Fanno. W. S. HuffOrd. D. D. Patterson. W. C. Scachresu W. T. Masters. Ward 6- B. F. Jones. Henry A? Belding. John Klrkley. H. Terwllllger. Alfred F. Smith. Ward 7 S. F. White. Louis S. Daur. ' - W. II. Gordon. WIlHam F. Merriman "A. G. .Rushlight. -.," B. K. Knapp.; Ward 8, Frank S. Bennett. , J. ,T. -Wilson -W. E. McGregor. E. X. Wheeler. John F. Cordraj. C. R. De Burffh. Ward P AH. Willett, . R.-J3. Menefee. Ward 10 E. I.. Shaffer. 51. O. Robinson. Charles Duggan. Robert Brad E. II. Cahalin. H. W. Parker. .Dan T, Sherrctt. for the slate was indicated by .the work of the Knights of the Royal Arch, an or ganization controlled by the retail Inter ests, whose leading members were on the street early and late last night in behalf of the candidates Indorsed by the liquor Interests.! In almost all quarters It is agreed that Merrill is drawing votes almost entirely from Wlllams. But some Willame men aver that Merrill Is attracting extreme open-town voters who do riot like Will iam?. The Albee people are highly pleased by the presence of Merrill In the race. "If Merrill can poll 1000 votes." said O. P. M. Jamison, president of the Mu nicipal Association, "we can beat Will lams." All Concede Williams as Second. One of Mcrrlire most faithful group of supporters left last night the Orphcum, which Is said to have 40 votes. Others of his liquor supporters Vere drawn "away from him also, notably In the North End. Ono of the chiefs of the Royal Arch said yesterday that all saloons In the North End would support the slate, with the ex ception of three or four All of the rivals of Williams say that he Will be second and themselves first. The contest therefore is the field, against "Will lams. . This Is the judgment of the Albee people, who think their man. will receive XOMIXEES PICKED TODAY. Republicans and Democrats will nom inate candidates today for the city elec tion In June. The nominees will be chosen In primaries by direct vote ot members ot the two parties, after the usual manner of elections. The candi date who shall receive the largest num ber ot votes for a given party nomina tion will be the party nominee. Here tofore nominees have been selected by conventions. W. T. Vauchnr : Peter L. G. Wiser port ot different states and the coavej ance oi freight was pver the -lines of different car riers one line running' through a level coun try exempt from snow and fiooda. and densely populated with prosperous peopls. thus Insur ing cheap construction, large business and profitable returns; the other line running through a mountainous country, sparsely pop ulated with an unprosperous people, thus In suring -a high cost ot construction, small bus iness and low returns upon the capital In vested If Congress should attempt to estab lish a uniform rate for transportation per ton per mile It would be obliged either to allow to the one carrier exorbitant returns or compel the other carrier to render services for com pensation which would be confiscatory ot rroperty. and thus be obnoxious to the fifth amendment to the Constitution. I cannot agree with an interpretation which would thus de stroy the effective exercise of the unques tioned Governmental sower to regulate the charges of common, carriers. Xcwlands Daughter Will Marry. WASHINGTON. May 5. The. marriage of Miss Frances Ncwland. daughter of Senator Ncwlands, to Lieutenant Leopeid von Bre4owV-CuraH4er Guard la the Get"' n" annvwrjjj-titce"it ""Wiidfctertw the first, which has proved such a suc cess, on lis Western 4rip, and work will begin on them at an early date, according to a. Union xaclflc official this afternoon. Union Pacific motor-car No. 1 Is now at Salt Lake City, on Its way to Portland, and is making some phenomenal runs over the system. TRUST MUST PAY VICTIM Brick Manufacturer Awarded Dam ages Prom Competitors and Union. CHICAGO. May 3. The Appellate Court today handed, down a decision ordering payment of $JSO.O0O to George HInchclIft, whose business as a brick manufacturer was ruined by certain Chicago manufac turers who agreed te undersell the plain tiff in the price of bricks. Builders and union laborers were parties to the combination. The Denver & Rio Graade sceery eve mare beautiful r tfiater thaa Saat BMC..Trat4 EXrYia. taat.JsM JU4-a4 . rfav in Salt La ratar. ' COCO votes and "Williams 2000; of the Glafke men, who believe telr candidate . will secure 300 or 3S00 votes, and of the Rowc men. who aver that their champion will receive 2500 or 2700 voteB, and Williams 000. The Williams people themselves con sider Albee In second ptace. Leaders of the Municipal Association were besought by many candidates for Indorsement yesterday, but turned them down, with the exception of Kraemcr, who is running for the Republican nomi nation for Municipal Judge, and W. Y. Masters, for the Republican nomination for Councilman In the Fifth "Ward, where the liquor men have Indorsed A. J. Fan no. The fight for Judge Is' very intense, the favorites in betting circles being Kraemcr and Cameron, on whom even money was offered last night. Gossip of the Primary. President Jamison, of the Municipal As sociation, said that he thought Albee could defeat Williams easily, yet .that his organization felt it could have beaten Williams more easily in the election if it haa chosen to take up with no candidate in the primaries. One of the prominenl supporters of "Will iams Is ex-Shcrift Storey, who announced that Williams would outstrip- Albee by from SW to 1300 votes. The third man in the race he considered Glafke. the fourth Jtowc and the ftf tk Merrill, in the First Ward Mr. Storey was sure Merrill would rell up a big plurality. Democrats s3y that they hope for the nominxtVos of WIlHam?. the Lane people becatwe they wwtf 'base their campalgR on the scandal issue; the Thomas people baiia thei' wemld ue tae closed-towB is sue. The Lane boomers say that Thomas In too radical, and that if he were nominated the conservative and the. open-town ele ments would flock to the Republican can didate. The Thomas boomers clalm.on the other hand, that if Lane should be nomin ated the open-town vote would split be tween Williams and Lane, should Williams be the Republican nomince.thus presenting an opening to the Municipal Association and the closed-town vote for an indepen dent candidate and electing the Indepen dent against both Williams and Lane; whereas should Thomas be nominated ne could unite the reform element and be elected. FIXATj appeal to voters. Signers of Glafkc Roll Arc Reminded to Turn Out at Primaries. Dear Sir: The hour Is at. hand. We have first to thank you mo3t Heartily for your manly support of good government by indorsing with your signature the can didacy of Mr. W. B. Glafke. That was the first step. Our opponents 'arc publicly saying that your signature may amount to nothing, but we know that It was given willingly, not idly, nor merely to please some friend. We kr.ow that it was given as the result of your true Judgment. Therefore we confidently look to you to take the second and final step, namely: Go to the polls Saturday and place your X against the name of W. B. Glafke, the first free and absolutely unpledged Mayor for Portland In 20" years. "We, the undersigned registered voters', believing In a business administration for the City of Portland, the adoption of Roosevelt's policy of 'fear or faj-orto, none, and a Square deal to all, and 'be lieving that this end can best be brought about by the nomination and election of W. B. Glafke to the office of JMayoir. pledge him our unqualified support, -ami organize ourselves for that purpose Intnr a club, which shall be eallcd- the W.i Bt Glafke Republican Club." -?- f- We have over .V783 pledged votcrsjntn-f -eluding yourself, to this declaration. Sincerely and earnestly yours for good , government on sound, clean business . principles. -W. E. GLAFKE REPUBLICAN CLUB. - By Edward Newbegln. Chairman. - HAY'S - HEALTH IMPROVING - :r .: Secretary Writes Hopefully of Prog rcss to Xoonils 5"! WASHINGTON, May 3. In a. letter" addressed to Acting: Secretary Lodnils from Bad Nauheim. Germany, ' Secre tary Hay speaks very hopefully of "His health, which, he says, has improved steadily, while he has sainedf-J-irV strength. . VIENNA, May 3. Secretary ' of State Hay will sail for the United" States early in June- ' i Victims of Massacre Buried.. T. . WARSAW. May 5. The funerals of the. " victlrits of the recent rioting who died in the hospitals occurred, this morning: The hearses were guarded by. strong -patrols. ' ' AN OPEN LETTER From Candidate for Councilman for 2d - i Ward, W. G. Rowen. A Letter Tbat'Every Voter Is Advised to Read.' . PORTLAND. Or.. May 4. 1303. To the Voters of the Second Ward: I am, as you will see, by the official ballot, a candidate for the City Council from the Second Ward, and naturally before asking for your support in the nomination, dselre to state briefly the .policy to which I shall adhere. ar If elected-:- First I shall oppose all corporation dictation .in municipal affairs. Second I shall oppose all trusts, monopolies .or combinations againsf the Interests ot the taxpayers or the city. Third I am not, nor shall I become a "crank," but will always, with out fear or favor, Insist upon honest, efficient and economic discharge of duty by the officials In the various departments of the city. Fourth I am not in favor of the "open town" of the gamblers, nor'of " the "closed town" of the ministers, but in so regulating necessary moral evils that they may be removed from the gaze of our sons and daugh ters, and controlled and reguladed by the police. Fifth I am In favor of the beaut! flcatlon and advancement of our city, and a strict accounting of public moneys no grafting no favoritism. In conclusion. I may add that- if you believe -in these principles, and, wish a representative from .the Second Ward who will look, after the in terests of the residents of his ward, and not be influenced by corporations; monopolies or grafters, I should be pleased to receive your support at tH primary election. These arc my principles, first, last and all the time. If you believecla them, cast your ballot for my nomination at the primaries. You wlal ways And rac read to Ustcii "t ye'u, and advaace the interests of - our Ward and the city. Very..refeeffHlly, . - W. G. ROWBS. ,r