1a
ELECTION RESULTS
STILL IN DISPUTE
coming year. To induce the former prin
cipal. Professor H. A. Darnall, to preside
over the schools for another term they
gave him a 50 per cent raise. This makes
the salary the highest Troutdale has ever
given, but the district is entirely out of
debt and aims to deal well with its
teachers. r
tp-'itnWMfKBt1'
At the Theaters
THE MORNING OREGONIAN, SATURDAY, JUNE 15, 1907.
i lifift'l Ir ppr ": f f 1 - I f ' i : Jr-vl f f ' I :.-
I ! 3 k; m . y ' NT " -9 V i A : ! L) J I 1 ::!
a. ss-ra fp- r,SN - H i Mr ill ni 1 1 i !
New Attack on Charter Amend
ments and Measures Voted
by the People.
MAYOR LANE IMPRESSED
Withdraws Proclamation Announc
ing Results After Hearing Ob
jections to Procedure Urged
by Seneca Smith.
Although he had issued proclamation
announcing the results of the recent elec
tion and had gone so far as to file them
with the City Auditor. Mayor Lane yes
terday recalled the documents1 and can
celed his signature. Tills action was
taken because there were called to his
ttentlon certain questions concerning the
methods of procedure leading up to the
passage of the recent charter amend
ments and initiative laws which he feared
might invalidate all the measures.
The questions Involving the legality of
the procedure leading up to the election
were brought to the attention of the
Mayor by Seneca Smith, a well-known
lawyer, who believes he has discovered
serious defects. City Attorney McXary,
who was consulted in the matter, believes
that the position taken by Mr. Smith 18
not tenable.
Mr. Smith called on the Mayor yester
dsy Just after the latter had Issued the
official proclamations announcing the re
sults of the election. While he had not
thoroughly investigated the questions -involved,
he told the Mayor that he be
lieved the measures voted by the people
were invalid, as he did not think the
Council had the right to submit them to
a vote of the people, as was done, without
an Initiative petition being circulated. He
also thought that in the case of the bond
Issues a two-thirds vote was required In
stead of a majority vote.
In order that a full investigation of
these points might be made, Mayor Lane
immediately gave orders to have his proc
lamations rescinded. He also telephoned
to the city official paper to -withhold the
proclamations, which already had been
put in type for publication.
City Attorney's Position.
Mr. McXary declares that both of the
points raised by Mr. Smith were consid
ered before the election and that there
is no chance that they will Invalidate
the election. The Council, he declares, Is
authorized to submit measures to the
people without an initiative petition be
ing circulated, while he is equally certain
that a two-thirds vote is not necessary to
authorize these bond Issues, which were
provided for by amendments to the char
ter, i
At present It looks to me as though
there Is no authority In the charter for
the Council to submit questions to the
people unless an Initiative petition is
tiled, " said Mr. Smith: "The charter pro
vides a regular procedure In which this
can be done, but this was entirely ig
nored in this Instance. The Council un
dertook to authorize the issuance of
bonds by amendments to sections of the
charter which were not germane to the
subject.
in reply, Mr. McNary declares that the
action was entirely regular in every way.
Kven if there had been minor defects in
the procedure, he says, these would be
cured by a favorable vote of the people
on the several measures.
"What Constitution Says.
"The constitution of the state, as
mended at the general election of 1906."
ssid Mr. McNary, "provides that the
legislative assembly shall not have power
to enact or amend the charter of any
city, town or municipality, but that the
legal voters of cities and towns shall have
power to enact and amend their own
charters. The constitutional amendment
does not provide how these amendments
shall be submitted.
"It becomes proper then for the Legis
lature or the legislative bodies of the
several cities to provide a method of sub
mitting charter amendments. The City
of Portland by ordinance No. 16.311 desig
nated such manners of submission, and
this may be done either on an initiative
petition, signed by a percentage of legal
voters, or submitted directly by the Coun
cil Itself. It could hardly be contended
intelligently that these amendments were
jiot lawfully submitted, as a reason for
questioning their regularity after the peo
ple have enacted them.
"The question raised by Judge Smith is
not a new one, it having been discussed
by Mr. TJ'Ren, myself and others since the
passage of the constitutional amendment.
1 think it was generally concluded by at
torneys considering the question that this
method would have all of the elements
of initiative legislation under the consti
tution." The second point raised by Mr. Smith
in relation to a two-thirds vote on bond
Issues is based on Section 82 ' of the
charter. In this section It provides for
the submission to the people of the ques
tion of selling bonds for the acquisition
of public utilities. This section provides
that:
, Provision of Charter.
"In case, however, the cost of such
utility to be acquired under the provisions
of this charter shall so far exceed the
annual revenues of the city. In addition to
the payment of the other necessary ex
penditures thereof, as to render it neees
rary to incur a municipal bonded indebted
ness for such purpose, then the Council
In submitting propositions to the electors
for the acquisition thereof, shall specify
therein the amount of the proposed bond
rd indebtedness, the rate of interest there
on, nnd whether such bonded indebtedness
thall be incurred. At least two-thirds of
the electors voting thereon at such elec
tion shall be necessary to secure such
acquisition and to warrant the issuance of
bonds therefor."
' Although at first this provision indi
cates that a two-third vote la necessary
on all municipal bonds of this charac
ter. Mr. McXary holds that It does not
apply In the present case.
"This question is foreign to the method
of Issuing bonds for the purposes named
in the several charter amendments," he
taid lust night. "In .addition to thU the
charter amendments that authorize the
riond issues are of eoual dignity with the
charter itself and If regularly enacted
bavo the same weight and standing as the
other provisions of the charter already
adopted. No question exists as to the
regularity 'of such amendments by their
adoption on a majority vote.'
Mayor Lane announced that he would
defer proclaiming the results of the elec
tion until he should be thoroughly satis
fled on the points raised. Mr. -Smith
offered to go Into the matter further and
submit bin findings in writing to the
Mayor. The latter will also ask the City
Attorney to submit an opinion to hira
on the points In dispute.
Troutdale Klecte Principal.
The Troutdale school board has an ex
cellent corps of teachers in view for the
Wfct th frau Aemt fi-ay
POLLY VARDEX MATINEE TODAY
San Francisco Opera Company Con
ttnues to Draw at Marquam.
Th popularity of the Ban Fnnctoc
pera Company seems to be growing- faster
than the proverbial green bay tree. Thi
week Tia dona more to make it solid with
the public than any of those which iiava
Hon before. "Tolly Varden" s a delightful
light opera and It U belns -splendidly given
by the company. Miss Hlnnott has neve-r
been seen to such good advantage-
CHILDREN'S MATINEE TODAY
Little OIHe Cooper in. "TJhe Prince
and the Pauper" at Baker.
The Bakr will give one of its banner
matinees this afternoon- as all the children
in the city who have not seen little- Oil.
Cooper in Mark Twain's beautiful play,
"The, Prince and the Pauper." will surely
want to do so. All week long this dainty
little star has been one of the chief. attrac
tions in the city.
Lyric Matinee Today. .
The regular gala matinee will be n
event of more than usual importance today
for the reason that Lyric patrons are offered
one of the very finest attractions ever pre
sented In the city. Gillette's deliclously
funny -comedy, "All the Comforts of Hom,"
Is declared to be the best thing the Allen
Company has ever done.
Star Matinee.
- Today and tomorrow there will b matinee
performances of "The Bll of Richmond"
at the Star Theater. This Is a Southern ro
mantic drama and . one of the kind which
satisfies all classes of theater-goers. The re
organized stock company at the Star Is now
forging to the- front and gaining new friends
and admirers at .every performance.
Children's Amusement Resort. 1
The Oaks Is making special effort this
season to Induce the children of Portland
to visit the big park regularly. Many
amusement features have been: provided, for
their special benefit and they will be more
than welcome. Every child who visits the
grounds on Saturday will be given a free
ride on the "chutes." The "bumps" are
also free.
COMING ATTRACTIONS.
Beats Are Now Selling for Viola Al
len at tiie Heilig Theater.
Seats, are now selling , at the box office
of The Heilig Theater. Fourteenth and
Washington streets, for the charming ac
tress, Viola Allen, who comes ere Monday
night in Shakespeare's delightful comedy,
"Twelfth Night." Tuesday night, June 18,
Miss Allen will appear in a special bill
comprising the following: Rosalind, in the
wooing scene from "As You Like It" : as
Portia in the trial scene from "The Mer
chant of Venice" ; as Lady Teasle In the
screen scene from "The School for -Scandal";
as Juliet from the balcony scene
from "Romeo and Juliet."
"LITTLE LORD FAUNTLEROY"
Ollie Cooper and the Baker Company
Tomorrow Night at Heilig.
Manager Baker announces a single per
formance of OIHe Cooper and the Baker
Company of "Little Lord Fauntleroy" for
tomorrow night, Sunday, at The Heilig
Theater, the production being given at the
regular scale of prices which has prevailed
at the Baker. Everyone knows the story
of Little Lord Fauntleroy. Little Lord
Fauntleroy, the terrible old Karl and the
little Lord's mother. "Dearest."
Zlnn's Big Musical Show Tomorrow.
Starting tomorrow afternoon the Baker
will Inaugurate a short sea-son of bright and
entertaining musical burlesque. The opening
bill, "Teesy "Weezy," Is one of Zlnn's best,
and big clever principals as well as the
famous 8weet Sixteen" of singing and
dancing . soubrcttes shine In every line.
"The Fortune Teller" Soon.
- Next week is going to be a record
breaker at the Marquam. where the -San
Francisco Opera Company will be seen in
a splendid production of the beautiful Alice
N linen success, "The Fortune Teller."
Everybody is going to bo pleased with It.
The opening performance will be given
on Monday night.
"Shall We Forgive Her'?' at Lyric.
Commencing Monday afternoon the Allen
Stock Company will be seen at the Lyric
In a magnificent production of Marie Wain
right's greatest success, "Shall We Forgive
Her?" probably the finest domestic drama
ever written, Monday will also mark the
first appearance of Miss Josephine Deffrey.
Proving Wireless Telegraphy.
While everyone has heard of wireless
telegraphy few people know much about it.
A practical demonstration of wireless teleg
raphy will be made at the Grand next week
by Captain Henry, E. who has made a
most interesting vaudeville act from this
science. It is instructive as well as amus
ing. "Confusion," Next Week.
The stock company at the Star Theater
will present "Confusion" next week, com
mencing Monday night. This is a farce
translated from the French and it is a
laugh from end to end. "Confusion" Is a
warm-weather show and It will be the first
farce this company has offered.
AT THE VAUDEVILLE THEATERS
Cheerful Vaudeville.
With a laugh every minute the pro
gramme at the Grand this week Is pleasing
all lovers of amusement. This week's bill
la one of the kind which must not be over
looked for the acts are of the highest
quality. Harding and Ah Sid, the clown
and the Chinaman, send the audiences borne
laughing and Mile. Olive is a premier Jug
gler, with novel feats.
SCIENTISTS MEET JUNE 25
Oregon State Academy Will Hold
Session at Eugene.
Th annual mid-Summer meeting of th
Oregon State Academy of Sciences will
be held at Eugene. June 23. There will
be both a morning and afternoon ses
sion, and those who attend will have th
advantage of the round-trip rate of a
fare and a third. The programme is as
follows:
"The Structure and Movements of Pro
tosoa." J. F. Hovard: "A I-arge Electro
magnet," W. P. Boynton; -A Resume of
Recent Chemistry." O. F.StaiTord; "A Dem
onstration of Cement Testing," E. H. Mc
Allster; "Air Hammer Drills.- A. C. TerrllL
Decisions by Judge Gan ten twin.
Two decisions will be rendered by Cir
cuit Judge Gantenbeln this morning. The
cases are: Krnest Kroner against Ada
Dltohtmrn and others, on merits. North
west Door Company against James w.
Beaky, motion to reopen case.
K1SER rOH SOrjVXXIK PHOTOS.
Northwest Scenery Imperial Hotel
wtoi 'CJ ' 0 ilia L 3 - Lf"1 . ' mi lJlLI iilZl
ksZiJ !. Ijj - Juzi 0 - Jl li
AN IMPORTANT
Combine business with pleasure. Take a trip with us down the
Columbia and up the Cowlitz tomorrow morning. The steamer Kellogg
has been chartered for a trip to the coal mines operated by the Consumers
Coal Company. The trip will be replete with enjoyable incidents. Meals
will be served free en route. See the beautiful scenery. Boat will not run
on schedule time. Return trip will start when everybody is ready. It will
afford you an opportunity to see the biggest coal mine in this part of the
country. It will demonstrate the fact that coal can be shipped cheaply
and easily into Portland for consumption in the city and on the ocean
going boats. Bring your wife with you. Come prepared to see one of the
most likely investments offered in the City of Portland for a long time.
CONSUMERS
SESSION IS CLOSED
Annual Episcopal Convention
Comes to an End.
PLAN MEMORIAL CHAPEL
Annex to Good Samaritan Hospital
Will Be Dedicated to Late Bishop
Morris Delegates and
Trustees Elected.
The nineteenth annual convention of the
Episcopal diocese of Oregron yesterday
elected delegates to the triennial general
convention to be held at Richmond, Va.,
in 1908. The following are those chosen:
Regular delegates. clericaI.6j.Rev. H. C.
Collins. Dr. G. B. Van Waters, Arch
deacon H. D. Chambers. Rev. J. B. H.
Simpson. Frank Spittle. John McCraken,
W. H. Smith. John K. Kollock. Lay dele
gates. II. ;D. Ramsdell. J. G. Burness,
Paul Van Frldaugh. J. H. Lalloree. C. N.
Huggins. John McCraken. S. H. Gruber.
Alternates, clerical. Rev. W. A. M. Breck,
Rev. B. G. Lee. Rev. John Dawson. Rev.
P. K. Hammond. Alternates, lay. James
TAidlaw, Rev. John Dawson. Rev. H. M.
Ramsey.
The board of trustees for Good Samari
tan Hospital elected for the ensuing year
is as follows: Clerical. Rev. William S.
Short. Dr. A. A. Morrison. Rev. J. 13.
Simpson: lay. Dr. S. E. Josephi, Rodney
Glisan. Dr. George F. Wilson.
The new trustees to have charge of St.
Helen's Hall and Bishop Scott Academy
are: Clerical. Rev. P. K. Hammond. Rev.
A. A. Morrison. Rev. G. B. Van Waters
lay. J. W. Ganong. J. K. Kollock, S. H.
Gruber.
The report of the treasurer of the
school board for the past year shows
that $37.40.48 has been received, and that
the cash disbursements were J37.477.97,
leaving a balance on hand of 13.41. Dur
ins the cast year St. Helen's Hall has
an enrollment of 208 pupils. 64 resident
pupils, and 154 day scholars.
The hospital trustees for the year past
passed the following resolution, in view
of the addition to be made to the new
hospital: - - ,
"That a chapel be incorporated in the
plans for the building, and that the ad
ministration building and chapel be dedi
cated when completed, as a memorial to
our late beloved bishop, B. W. Morris.
To the fund for this building Miss
Rachel Morris donated 15000, Mrs. C. H.
Lewis pledged HO.OOO, Mrs. Glisan and
family J10.000 and the Misses Failing J5000.
The hospital trustees were authorized to
secure the additional funds necessary. .
The treasurer's report of the Good
Samaritan Hospital for the 10 months
ending May 31 showed total receipts
amounting to $168,419.14. and a balance in
the treasury of 4239.3.
A missionary mass meeting was held at
Trinity Church last night. Judge Halley
making an address. Dr. F. W. Clampett,
of Trinity Church, San Francisco, was
to have been present, but telegraphed
that he could not attend.
Sunday there will be a children's Sunday
school rally on the West Side at the Pro
Cathedral, and on the East Side at St.
David's Church. .
DAILY CITY STATISTICS
Marriage License.
Tl'OOU-LEVB Harry Woolf, 24, city;
Jennie Ive. 20. city.
DAVIS-PRATT Guy A. Davl, 22, city:
Margaret S. Pratt. 21. city.
RODOFF-KERNS Fred "W. Rodoff, over
2-1. city: Alvena.- P. Kerns. 20, city.
SCHREIBER-HEFFLE Goorj. Scairelb-
er, 37, city,' Katie Hod I a, 24, city.
Articles of Incorporation.
EASTERN CANDY WORKS. Portland.
Capital, J-.'.O. fV0 ; incorporators. c. Poly
carpos. P. G. P. Attiaa, r. Polycarpos.
CRYSTAL. PALACE AMUSEMENT COM
PANY, Portland. Capital, 20OO; incorpora
tor. W. 11. Jones, - J A. Bandall, Margaret
E- Olson.
Births.
BROWN" At 281 Eugene street. May 21,
to the wife of Thomas p. Brown, a son.
FLTSN At Good Samaritan Hospital,
June a, to ths wife of M- B. Flynn, a son.
LODUR At Good Samaritan Hospital.
June 5, to ths wlto of John Lodur, a son.
M'DOWELL At Ross City Sanatorium,
June 11, to the wife of G. M. McroweU, a
son.
NEWMAN At 8.10 Thurman street, June
5, to the wife of William Newman, a son.
Deaths.
DAVTS At Baby Home, June 13, Theo
dore rtavis. an infant.
DONOVAX At St. Vincent's fpiri'il. 1
BUSINESS PROPOSITION
OUR OFFICE WILL
BE OPEN UNTIL 9
O'CLOCK TO
NIGHT. CALL FOR
INFORM ATI0N,
DETAILS AND
FREE TICKET.
TRD? WILL LAST
ALL DAY LONG.
COAL CO.
June 12, J. P. Donovan, a native of Canada,
aged 86 years.
ENGH At 208 Seventeenth street, June
12. Christian Eng-b. a native of Norway,
aged 64 vears, 5 months and 20 days.
HUBBARD At t. Vincent's Hospital,
June 14. Prank Hubbard, aged 40 years.
MITCHELL At Lents. June 8, J. J.
Mltcbell, a native of Ireland, aged 49 years,
5 months and 4 day".
PHELAN At St. Vincent's Hospital, June
14, George Phelaa, a native of Illinois, aged
38 years.
SMITH At St. Vincent's Hospital. June
13, Katherlne Smith, an infant.
Building Permits.
H. J. MFLARCH One-ory frame dwell
ing. East Thirty-ninth street, between Haw
thorns and East Clay; S1S00-
W. J. M'GINNIS One-story frame shed.
East Seventh street, near w.vgant; 150.
MB. WILCOX Repair dwelling, 1089
Thurman street; $250.
I. A. PETERS Two-story frame flat. Lar
rabee street, between Broadway and 'Cherry;
I7500.-
W. R. MOSER One and one-half -story
frame dwelling, Buxton street, between
Lawrence and Randall: $800.
K- w. BAUGHMAN Two-story frame
dwelling. East Thirty-fifth street, between
East Market and Hawthorne; S1S0O.
ED SMITH One-story frame dwelling,
East Second, near Park; $1200.
OLOF BLOMQTJIST Repair dwelling.
East Minnesota street, between Fay and
Blandlna; fioo. '
SUBSCRIBERS PAY SL0WJ.Y
Contributors to Fourth of July Fund
Will Be Reminded.
At a meeting of the general Fourth
of July committee, at the Commercial
Club last night, the treasurer reported
that of the $5200 subscribed, only 1S23.35
had been paid in. On motion, J. D. I,ee
was appointed official collector for the
committee with power to solicit additional
funds.
It was announced by the parade com
mittee that Portland postal clerks and
carriers to the number of 100 would
probably turn out.
With reference to Spanish-American
"War veterans turning out, it was an
nounced they would endeavor to obtain
uniforms in time, but If they could not
be uniformed it was Improbable they
would be in line.
The committee, on sports reported that
athletic games on Multnomah field, boat
races, canoe races, log-rolling, bail games
and fantastic parade on the night of the
3d. were being arranged. The proposed
horse races at Irvington probably would
be undertaken as a private enterprise.
Offers were received from various
sources to furnish fireworks, and L ilc-
The big steamer Kellogg will leave the foot of Salmon street tomor
row morning at 7:30. It will steam down the Willamette to the Columbia;
down the Columbia to the mouth of the Cowlitz, and up that beautiful
stream to the docks now owned by the Consumers Coal Company. A
three-quarter-mile walk in the woods brings'you to the mouth of the main
tunnel. Here you will be guided into the mine and shown the wonderful
deposit of coal we have. Other tunnels and shafts will also be inspected.
When all have seen the mines, a jolly time will be had on the return to
Portland, supper being served free on board. The Kellogg will land in
Portland early in the evening. Business men, coal miners and experts
are particularly invited to express their opinions of mine and its prospects.
COMMONWEALTH TRUST CO.
FISCAL AGENTS
COMMONWEALTH BUILDING
Millin as one of a party that intends to
climb Mount St. Helens agreed to set
oft the display from that peak on the
night of the Fourth provided- the material
was sent to their starting point.
The committee adjourned to meet next
Friday evening at the Commercial Club
when all arrangements will be closed up.
For Fruit and Vegetable Cannery.
A mass meeting was held in Estacada
last night for the purpose of pushing a
movement to start a fruit and vegetable
cannery In that place. During the week
the question of securing such an indus
try was considered. Farmers of that
section are very much Interested, and
stand ready to raise fruit and vegetables
for canning. Those in position to know
by experience and observation say that
the country about Fstacada is as well
adapted for fruitralslng as Hood River.
Church Will Bo Recognized.
A council of recognition will bo held
tomorrow afternoon, at 3 o'clock, in the
Methodist Church at Lents, when the re
cently organized Baptist Church will be
recognized and received into the fellow
ship of Portland Baptist churches. It
has about 35 charter members.
KISER KODAK DEVELOPING.
Imperial Hotel Also Scenic Photos.
Shopping
Trips
are enjoy
able, but
fatiiiuind:
a cup of Ghlrardelli's
Cocoa for breakfast helps
wonderfully, It Is so sus
taining as well as dell
clous. Before returning
home dont forget to
Order a
Supply of
Ghirardellfs
Cocoa
T