10 THE MORNING OREGOXIAX. SATURDAY, MARCH 23, 1007. ASTORIA'S FIGHT ON IT PD OF COLUMBIA Former Warring Factions Are ' United for Battle Against Harbor Measure. EXPECT VICTORY IN COURTS Opponents of Act Aimed to Correct Abuses of Pilotage and Tow-" ace Service on liar Attack Its Constitutionality.. ASTORIA. Or.. March 2. (Special Cor aifispondence.) Clatsop County will not bend its neck to the Port of Columbia ok with Multnomah, and Columbia rounties. If Astoria citizens can argue the courts into severing the bond as en acted by the Oregon Legislature last month, to become operative two. months 3ience. that being the JKKday interval after adjournment of the Legislature, as re quired by the constitution. The Legislative act transfers control of pilotage on the Columbia River bar to a row commission of five members, three of them to be Multnomah residents, and ndds the new authority of controlling bar towage. The present Pilot Commission liaw three members, two of them, f J. Taylor and A. V. Pendleton, being Clat pop residents, as required by law, the other being Sylvester Farrell, of Port land. Pendleton- has been living In Port, iand a considerable time, but is actually. i citizen of Astoria. i The Legislative act therefore takes con trol of bar pilotage from Astoria and Jrives It to Portland. Not only that, but 4t glvos Portland control over bar towage authority not now held by Astoria. In fine, the act confers on Portland jxwers and privileges which Astoria does :iot winh that city to possess. Astoria tffars Portland may -build on the law a machine or- organization hurtful to the commercial growth of Astoria and seek ing ultimately to exact tax tribute from ;Astoria for maintaining Portland's river 'channel above Astoria thia by means of U'ortlands overwhelming voto power In elections and Legislature. Astoria's Dreams of Greatness. ;' Deep-rooted in the ' hearts of Astoria citizens Is hope of grand future progress Sor their city and of rivalry with Port Sand for commercial supremacy, and even Twhaps of triumph over Portland, be cause of nearer proximity to ocean. T'n tfej the circumstances, it-in easy to un derstand the Astoria spirit. That spirit tmay misconceive commercial forces and Portland's aims. . but It springs true from Royalty to fireside and city. Portland's argument for the act that Vt)tage and towage need the remedy tnd remedy nmst be provided, else the Columbia River port will lose In the race ffr supremacy against Puget Sound; that Portland aims not to tax. Astoria with river channel costs and that, Clatsop County is included in the taxing district only so as to give the Port of Colum bia necessary jurisdiction in Clatsop iione of this finds lodgment in Astoria ears. Astoria would even dispense with any Oregon law for pilots rather than let the new act operate; for annulment of that net would leave no law, since the sec tions repealing the present laws would 'hold. Armed with two l"Ken amendments to the constitution as enacted by the people of the state last June, and with a de cree of the State Supreme Court of 1891, Astoria is training for a tight. The amendments confer home-rule .powers on municipalities; one denies to the Legis lature authority to create corporations by special laws, the Port of Columbia act Wing a special law. or to enact, amend or repeal any charter or act of incorpo ration for any municipality, city or town (article section 2): the other amend ment confines that authority "to the eo ple. ... as to all local, special and municipal legislation, of every character, in or for their respective municipalities and districts' (article 4. section la). Supreme Court Precedent. The Supreme Court decree is contained In the decision of 1(1. declaring the Port of Portland created for t municipal pur poses, rid the legislative act creating the district valid. Astorians aver that the Port of Colum bia district is a municipality like the Port of Portland district; that the constitution, as amended in June. lHi, forbids the leg islature to create a municipality; that the only nulhorities who can create the port iHfctrict of Clatsop. Columbia and Multno mah are the electors of those counties; slid that the legislative act creating that ,ii.trict Is therefore void. To this argument Astorians add that the legislative act violates the old pro visions of the constitution, which declare 'all taxation s-hall he equal and uniform" jartkie 1. section 32): and that the Leg islature ''shall not pass local laws . . 'for the assessment and collection of taxes !for state, county, township or road pur iposes" (article 4, iaectlon 23. subdivision 0 I t his on the ground that the bar service fcf the Fort of Columbia would servo not falone the three counties taxed, but the : whole slate as well, and that therefore fnot they should pay the taxes alone, but till Oregon. Astoria's lawyers are weighing the con stitution and the act. The County Court has appointed as committee to investigate the authorities. F. J. Taylor, leader of Hie Astoria lobby against the bill in the 'Capitol last month and Pilot Commission er under the old law; G. C. Kulton, brother of United States Senator Fulton. .nd J. F. Hamilton. The committee members say they have not yet put their iiheads together and are not resolved what i procedure to advise. The leading mem ber on the committee Is J uuge Taylor. Former Factions Arc Cnltrd. Never has Astoria so united Its warring political factions as to oppose the legis lative act. Such is the assertion of Mayor .Herman Wise. Says he: "The bill for the act was drafted in secret in Portland and hidden from us of Astoria, even after introduced. Copies of the printed bill were snatched up and put away and we could not find them. The State Printer sought copies for us. but they had been put away after leaving his prss. , "We Astorians were not consulted about the hill be fore it w as f n t roduced. "We did not know that it was to be in troduced. We were hardly consulted after it was presented. True, the Multnomah legislators held a conference and in vited us to attend, but it was perfunctory and our suggestions were all rejected. "We do not consider that a square deal. "We had only three votes to cast gainst Multnomah's 19; therefore, we were overcome by force of numbers. Would Include Whole State. 1'ortland made no effort to reach an understanding with us. If such effort had been mad A. we would have responded readily. The taxing district should have included the whole state. The Commission euouid have represented the whole state. Authority should have beeu conferred ou a State Commission to remedy existing defects in the pilotage. "We object to being yoked with Mult nomah because we cannot perceive .what is in store for us. Multnomah's great political power can impose any further legislation it desires, by means of the initiative. That means higher taxes for Clatsop County and we know not what else." And what of the pilots? Uneasy, of course they are, over pros pective change of masters. They want their Astoria masters kept. Portland men are bad medicine to them. The critics and kickers live in Portland. From that city have come frequent calls for the scalps of the pilots, for alleged dereliction of duty. Thence also have come demands for more pilots, so as to put new blood into the pilot ranks. The Portland kickers declare the pilots are lazy or lack nerve and like to be ashore when they should be at the bar. Ail this rasps the pilots. They don't like Portland. But they do like Astoria. This city pets them and says they are doing the very best they can. It says the bar Is at fault, not the pilots. The pilots don't like to quit the protecting wing. They dread the sharp spurs of PortJand shippers. Perhaps they dread not worse the blow of the sou'wester. rilots Earnings Kcduced. In answer to Portland's plaint, three more pilots were recently commissioned, making 12 in all, three of them for . the State of Washington. That reduces tiie earnings of the nine old pilots, since the fees must now be divided with three more. The "old boys' don't like that, either. They think there is not enough shipping. And they would be right glad to see Astoria knock out the new act. There would then be no law on the Ore gon side for regulation of pilots and a go-as-you-please would follow for them. The common objection to the new act is that it confers powers too numerous and too sweeping on the new commission. Another is that vacancies in the commis sion are to be filled by the commission called a non-American and a non-democratic system. The court fight over legality wilL center in the question whether the new port dis trict is a municipality of the kind barred from creation by the Legislature. Port land will set up that the district is not that kind. It will argue that the con stitutional amendments intend municipal ity to mean town or city and not county or area like that of the Port of Columbia. Astoria may contend that the Legisla ture has no authority to create new counties. Its argument is quite formidable. Change of Constitution. Until . last June the constitution of Oregon provided: "Corporations mey be formed under general laws, but should not be created by special laws, except for municipal purposes." (Art XI, Sec. 2.) The last four words were the only ones in the constitution giving the power to create counties, towns and municipalities to the Legislature. Those four words were repealed by constitutional amendment in June, 1906. The amendment further provid ed, as already cited: "The .Legisla tive Assembly shall' not enact, amend or repeal any charter or act of incor poration for any municipality, city or town. The legal voters of every city and town are hereby granted power to enact and amend their municipal char ter, subject to the constitution and criminal laws of the State of Oregon." But now that the one provision in the constitution, authorizing passage of special acts by the Legislature for municipal purposes has been repealed, and, as Astorians aver, a specific in hibition has been placed against the Legislature's passing special acts for any municipality, the question raised is a very important one and ought to be settled before the Port of Columbia shall endeavor to sell its $400,000 bonds authorized by the act for the purchase of pilot-boats and tugs. Jecision on Port of Portlarnd. The decision as to the legality of the act creating the Port of Portland was rendered July 8, 1891, having; been enacted in the preceding February. A test suit was brought to determine the validity, as a necessary preliminary to sale, of a large quantity of bonds. The question turned, as the court pointed out, on the meaning of "municipal pur pose's." The court declared the Port of Portland created for municipal pur poses in an opinion written by Judge Bean and concurred in -by Judge V. P. Lord, but dissented from by- Chief J ustice R. S. Strahan. In part, the decision was as follows: A city or purely municipal corporation is. perhaps, the highest type of corporation cre ated for municipal purposes, because it is a miniature government, having legislative, executive and judicial powers; but there is another class of corporation, such as coun ties, school districts, road "districts, etc., which though varj-ing in application and pe culiar features, are but so many agencies or instrumentalities of the state to promote the convenience, of the public at larce, and are. in the broadest use of the term, for municipal purposes. It would be a narrow and unwarranted construction of language to say that municipal purposes means only city, town or village purposes. The consti tution of this state evidently contemplates the creation of counties under the direct supervision of and by' a special act of the Legtelature: yet no direct power is given to create them, and the section under con sideration contains a direct prohibition against doing so, unless the word municipal covers this class of corporations. FUNERAL THIS AFTERNOON Obsequies of Captain Rockwell to Be Held at Trinity Church. Funeral services for Captain Cleveland Rock'well. whose death occurred at the family home at 10 o'clock Thursday night, will be held at 2 o'clock this afternoon from Trinity Episcopal Church. Dr. A. A. Morrison officiating. The body will be cremated. Mrs. John Rounsfel!. of Los Angeles, a daughter, will be unable to reach Port land in time for the funeral, 'because of the floods in California, which have ef- LFOR MOUNT HOOD - LINE OBJECT TO RAILWAY Citizens Oppose Franchise to Use County Road. The Late (apt. Cleveland Rockwell. fectually and completely tied tip traffic on the Southern Pacific. Mrs. John R. Stephens, another daughter, is here with her mother. Captain Rockwell was so widely known throughout Oregon and the Pacific Coast, as well as in the East, that it is ex pected large numbers will be present at the funeral. He was a noted marine art ist, as well a3 a scientist, one of his fa mous paintings being a canvas of the mouth of the Columbia River, showing a tuff towing a large sailing vessel over the bar. Boy of Five Equal to Young Man in Size Roy Flfirld, Child of Remarkable Physical Development and Stunted Mentally, Seat to Asylum. ROY FIFTELD, 5 years old, and one of the most remarkable human mon strosities on record, was taken before the County Court yesterday and adjudged in sane, after a close medical examination. To the layman the case is infinitely pa thetic and to the medical man it is one of unusual interest. At the age when the normal child is leaving short dresses Roy has grown to the physical proportions of a youth of IS, while his mind has failed utterly in its growth. With a head that requires a hat too large for the average man, the child has nothing but confusion and idiocy in the interior and is devoid of intelligence. Notwithstanding the absence .of men tality he has shown a tendency to forms of degeneracy. lr. Josephi. who con ducted the mental examination, pro nounced the case one of the most re markable that had ever been brought to his attention. The hapless freak was taken in custody by the authorities at the Instance of his father. Following the ex amination the boy was sent to the State Insane Asylum. "The New York Special' Over the Pennsylvania Short Line from Chicago to Pittsburg, Philadelphia and New York, leaves Chicago at 8:13 o'clock every morning. This 23-hour New York train attracts many passengers with its dining car and parlor car daylight service from Chicago to Pittsburg, and its sleep ing car ser v i ce f ro m C h i ca go to No w York. Details about this and other trains east freely furnished upon request ad dressed to F. N. Kollock, Dist. Agt., Port land, Or. Every woman should know that Carter's Little Liver Pills are a speci fic for sick headache. Only one piil a dose. A woman can't stand everything. POLICEMAN GOLTZ HAS NARROW ESCAPE FROM EXPLODING STOVE Municipal Court Heater Blows Up With Loud Noise A. Sharp Acci dentally Gets Into Trouble. IN THE midst of the grind in the Mu nicipal Court yesterday morning, the huge stove that is supposed to heat the room exploded with a loud report and a roar that startled every one. Accumu lated gas and smoke blew open the door and caused the heater to tremble and sway as if it were about to tumble down and set fire to the building. Great excitement prevailed, but per haps the one person above all others to take front rank with the frightened ones, was Patrolman John . Goltz. He had been standing leisurly in front of the stove, which had steadfastly refused to burn. Golts was engaged in a desperate effort to warm iiis back when the explo sion came with its deafening report. Goltz leaped into the air. shrieking 4n fright. For a moment his form was lost in the dense miV that issued from the stove, but when hemerged it was seen that he was still ae, and in fact, not ! f &fc e H 4 r-t. f i .l . 1 j Patrolman ttoltz When the BtTe , Kxploded. t j ! Judge Cnmrron Adrian A. Sharp to B. Natural. injured, but badly scared. Business was soon resumed and the incident passed into history- : A SHARP is out of harmony with the the world. , He can't see things as some do. His one great loe is work. He positively refuses to work. It was be cause of this that lie was arrested and brought before Judge Cameron. When arraigned before Judge Cameron yesterday morning. ' A, Sharp was very restless. He was ill at ease, for it was some work to tell his story, ajid he dis liked it. Judge Cameron was inclined to lecture Sharp for his unnatural aversion toward work. "Why' can't you B natural, A. Sharp?" asked Judge Cameron. "Undoubtedly you take a full measure at every bar. but I would advise you to change your tune and seek work." The -aj?e was continued until March 2. as Sharp thought he could disprove the chars e ut vagrancy. Public Meeting at Courthouse c vclops Strong Opposition to Lay ing Track for Electric Cars on Section Line Highway. Strong opposition to the granting of a franchise to the Mount Hood Electric Railway Company, whereby that cor poration would be permitted to use about seven miles of the Section Iine road, was developed before the County Court yes terday afternoon. A public meeting was held at the Court House for the purpose of canvassing the situation, and instead of the conventional handful of interested : persons, the county courtroom was packed o Its capacity. Much was said pro and con on the proposition, but no decision was reached. There are many things to be decided be fore the terms of franchise can be agreed upon, If any franchise is to be allowed at all. Next Wednesday forenoon at, 10 o'clock County Judge Webster will an nounce, on behalf of himself and Com missioners Llghtncr and Barnes, whether any franchise is desirable. In event it is decided to give a franchise, the ques tion of proper conditions will arise. This question will be considered at a second public meeting to be called. To the electric line itself there seemed to be no objection. In fact it is pretty generally afjreed that the benefits of transportation facilities between Portland and the base or summit of Mount Hood are obvious. But as to the use of the Section ljne road as part of the right-of-way, that is where the hitch comes in. While all were invited to participate in the discussion of the matter, compara tively few took advantage of the oppor tunity for public expression. A. F. Fle gel. attorney, represented a number of landowners and residents who use the Section Ljne road and in behalf of these clients Mr. Flegel made a statement wherein he opposed the plan as a mat ter of general policy on the county's part. Of a road bO feet wide he did not think it advisable to surrender 14 feet to a private corporation. President Perkins, of the Mt. Tabor Improvement Association, made similar objections. Representing the association, he said he was not opposed to the line Itself but thought the promoters should purchase a right-of-way, rather than beg one from the county. Waldcmar Seton, on behalf of the rail way promoters, outlined the advantages of the road. He showed that 20 feet of the road is now graveled and that this part alone is used by teams., leaving the remainder unused. By giving the com pany use 'of the road, provision might be made lor the free hauling of materials for extensive and inexpensive improve ments in the road. Robert A. Miller spoke in favor of the road, saying it would be a great factor in the development of the county and should be encouraged in every way pos sible. Dr. Mead, whose home Is on the road, also spoke in favor of giving the use st the thoroughfare to the company as requested. , ( ' Decision was reserved until next Wednesday that amplo time may be had to canvass the situation. It is said that the company will have to bargain lib erally for the franchise and make it an object to the county to give the fran chise, if the franchise is favored at all by the court and commissioners. so far as -nine of the county prisoners at the Kelley Butte rockptle are concerned. With the recent strike settled and the chain-gang back at work pounding rock, nine of the laziest announced their inten tion of holding out yesterday. They de clined to go to work with the others. When, the entire crew struck, their rations were cut off and they were com pelled to sleep in their quarters without beds. But there is room in the dungeons for these nine and into the dungeons they went yesterday. They will remain there with no light and only enough bread and water to keep them alive until they are willing again to take up the manufacture of little rocks from larges ones. SEVEN" DIVOHCES ARK GRANTED Galling Tics Are Severed in Hie State Circuit Court. In consequence of a mining trip into the Klondike country seven years ago, a. u. Guthrie, of Portland, was divorced from his wife. Lulu Guthrie, yesterday. In his statement of the case in the State Circuit Court, Guthrie said he went to the frozen North in the 3pring of 1900 and returned in the Fall to find that his wife had left home after disposing of their few belongings. Through the years that have followed he has been unable to learn why she left him, he said. He was given a divorce decree. The divorce mill ground six other knots In twain during the day. Mrs. Evelyn Fowler said that Albert Fowler was brutal and spent all his money for drink. She has stood 18 years of this conduct but could stand it no longer, she said. Whereupon she was relieved of the ne cessity of speaking to Fowler next time she sees him. Asa C Hess Is not to be depended upon; being far too fond of gambling and depravity fbr the welfare ot his family, according to Mrs. Hess. She was tired of being kept on short rations and was given a divorce. Blanche Bacon had an even greater grievance agaist Walter Bacon. He is a mechanic with - an innate aversion to earning an honest livelihood, according to her story, and insisted that she become a professional flirt and thus earn enough to support them both. She was promptly given a divorce. Frances J. Harris married George O. Harris in Portland two years ago. A year later she was deserted. Yesterday she was divorced. M. Bowman was deserted recently by Eliza Bowman, to whom he was married here in 1895. He got a divorce. The marriage of Minnie A. Bradley and Darwin Bradley was pet aside on -the grounds that Mrs.. Bradley married with in six months from the date of being di vorced from a former, husband. The pro ceedings were instituted bv Bradley. Elizabeth Parelius fried application with the court ror a divorce from Henrv Pa relius, claiming that he is in the habit of getting drunk on an average of three times a month. Further than this he is excessively abusive when intoxicated, she says in her complaint. They 'were mar ried in Portland ten years ago. A 'divorce and j0 a month alimony is asked. .Gels Fees, but N'o $2000 Salary. T. C. Sheve. Justice of the Peace at Mount Tabor, is entitled to fees for his judicial acts but not to the flat salary of $2000 a year as provided by the last legis lature for Justices in cities of over 30.000 population. The County, Court decided yesterday that while the Mount Tabor justice has Jurisdiction over a portion of the corporate limits of Portland, his chief domain lies within the boundaries of Mount Tabor. Failing, thus, to come Into the class designated in, the recent enactment he Is not eligible to the salary class, so -it was decided. STRIKE STILL ON" AT KOCKP1LE Nine of the Prisoners Thrust in Dungeons for Reflection. Aversion to work continues stronger than the. desire for food of a more nour ishing character than hread and water. Suits to Cancel Patents. Yesterday ' morning, .Assistant ' United States District Attorney Cole filed four suits In the United States Circuit Court for the cancellation of patents to Gov ernment land in Oregon Two of the claims, each of 160 acres, were purchased Dy B. A. L. Puter and Fred A. Kribs. The facts upon which cancellation will be asked came to the Government dur ing the land fraud trials of Inst year. and it is believed that many other claims, fraudulently acquired, will be cancelled in like manner in this state. ' OWN YOUR OWN HOME IN .Rose Qty Park Chinamen in Mining Company. Articles of incorporation of the Great American Mining Company, in which two Ctiinamen are prime factors, were filed with the County Clerk yesterday. The corporation announces its intention of dealing in ml nine: and arid kntls, general power and providing irrigation pUmts. The capital alleged is $500,00) and the life of the concern Is fixed at 50 years. The In corporators are Chongr Choong, T,ee Gum, Menry lee, W. Hutchinzs and J. F. Chilcote. Policeman Detained by . Balky Elevator Keller Thirty Mlnnfm Late In Appointment to Take Young Woman to the Theater. MOUNTED. PATROLMAN JOB KEL LER, of the Portland Police Depart ment, has gained a sudden antipathy for elevators. It is all because the officer was delayed some 30 precious minutes Tuesday night while on the way to meet his best girl. He is engaged to a charm ing young woman residing on' the. East Side whom he had asked to witness "Aliee-Sit-By-thc-Fire"- at the Heilig The ater in his company the night in question. He was delayed some 20 minutes by a re fractory lift in the Raleigh building. Having 15 or 20 minutes to spare before meeting his sweetheart. Keller decided to call at the office of a friend. In this he reckoned without the moods sometimes acquired by elevators. He entered the lift and it shot upward, but unfortunately for the officer's engagement, the mechan ism became twisted and the machine was stalled between floors.- The elevator boy managed to make his exit through a small space in order to visit the seat of the trouble and endeavor to remedy the acfect In the machinery in the basement. After several minutes. - which seemed hours to the imprisoned officer, the boy made his way upstairs and informed Keller that he could not locate the trou ble and throwing a collection of tools into the elevator, he instructed the officer how to loosen the side of the cage so that he could make an aperture large enough to permit his gaining freedom. Keller has a record for being an excel lent police officer, but his knowledge of the art of "knocking down" elevators is extremely limited.. After soiling his clotiiing. features and scratching up his hands and wrists in the effort to unscrew the parts necessary, he secured his liberty. He glanced at his watch, and, to his dis may discovered that It was at least 15 minutes past the time mutually agreed upon for meeting his sweetheart. Rush ing down the street in breathless baste he finally reached fne appointed place 15 minutes late and found a very angry 3 Says I to myself says I Uneeda Biscuit 3 O T 4.. 1 says I they only cost five cents . a package. NATIONAL BISCUIT . COMPANY ft Tni!iKgTmiOTt,Fiirnnmmim;n:immfflfiTm IHlilifUitUugU! young woman, who had waited patiently on the cold street corner, and who im mediately taxed him severely for his tardiness. In spite of all his emphatic protests she refused to be convinced that an elevator was responsible for his dela.y, and forcibly conveyed her belief to him that the excuse was fishy." BRIDGE TO BE INSPECTED City Informed That Marquam Gulch Structure Is Unsafe. City Engineer Taylor will make a care ful investigation of the foundations and abutments of the south end of the new .steel bridge over Marquam gulch on First street. The bridge was built at'a cost of $55,000 and finished in the Spring of 1305. W. C. Elliott acted in the capacity of engineer. Complaints have boon made to the effect that the structure Is faulty; that the abutments cn the south side were placed on made ground, and that the rainy weather of the past three months had unsettled the foundations. "Engineer Tay lor will make a thorough examination, and if the fears of property-owners are well grounded, he will take steps to have repairs made. Jeffries "Will Tour Kurope. TjOS ANGELES. March 22. James J. Jeffries - has completed arrangements to go to Europe with his wife in June..' He will visit the J antes ton Exposition, sail ing later from New York. rid the defunct 1-cKlslature represent the people of Oregon? Answered in the People's Press. 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