6
THE MORNING OKEGONIAN, WEDNESDAY, SEPTEMBER 4, 1907.
COURT FINDS THE
PETITION VALID
Omission "Warning Clause'
Not Fatal to Referendum
on Varsity Fund.
SUPREME COURT DECISION
Form of Prawlng Tp Petition Not
. Mandatory, and School Gets None
of the Special Fund fntll the
Voters Approve Measure.
.........
1 FXTVERMTY OF OREGON CASE.
I The legislature of 1007 passed an
I act appropriating $125,000 per an-
num for the University of Oregon.
n mv 23 1S07. Eujene Palmer
' J and Cyrua H. Walker presented to
a the Secretary of 8tate petitions de
manding that thl act be referred
to a vote of the people.
The Sscretary of State refused to
file the petition because the "warn
ing clause" had been omitted and
because It did not contain a full and
correct copy of the title of the act.
Mandamus proceedings were
brought and Judge Galloway held
that the petition was fatally defec
tive and need not be filed.
The Supreme Court, in an opinion
by Justice Eakln, has reversed this,
holding that the requirements had
been substantially compiled with.
The . University of Oregon appro
priation bill therefore will not go
Into effect until It has been approved
by an affirmative vote of the people.
9
A .........
SALEM, Or.. Sept. 3. Special.) In an
opinion by Justice Robert Eakln, the Su
preme Court today reversed Judge Gallo
way In the University of Oregon referen
dum case, holding that the referendum
petition la valid and that the university
appropriation must be submitted to a vote
of the people .at the next general election.
Chief Justice Bean, who Is a member of
the Board of RegentB of the University of
Oregon, did not sit In the hearing of the
case and knew nothing of the contents of
the opinion until he read It after It was
handed down from the bench.
Two questions were involved In this
case whether a petition is fatally de
fective if it omits the "warning clause,"
which, In the form prescribed by statute,
Is to be placed at the head of the peti
tion, warning persons against signing Il
legally, and whether a petition for the
referendum must contain a full copy of
the title as well as the text of the meas
ure. The opinion holds that the form pre
scribed by statute Is not mandatory, but
only directory, and that the omission of
the warning clause is not fatal. Also that
In referendum petitions only a copy of
the measure, and jiot the title, Is re
quired. Text of Court's Peclslon. "
The full text of the decision of the Su
preme Court In the University of Oregon
case follows:
On the 23d day of May, 1B07, the plaintiffs
and others presented to the Secretary of
Slate for filing a petition directing a ref
erence to the people under the referendum
provision of the constitution, a measure
passed by the Legislative Assembly In Feb
ruary, 190T, known as House Bill No. 37. to
Increase the annual appropriation for the
support of the University of Oregon De
fendant refused to receive or file the said
petition, and the plantlffs crlng this pro-
'""""8 r mannamus to compel defendant
to file said petltjon. Defendant answered
to the writ of mandamus denying the alle
gations of the same and alleging affirma
tively that said petition Is not In the form
prescribed by section 1 of the act of the
Legislative Assembly of lmiT (laws 10O7,
MlXD, providing for carrying out the Initia
tive and referendum, in that It did not con
tain the warning clause provided for In said
act; and further, that it does not contalq a
full and correct copy of the title and text
of the measure sought to be referred. A
reply was filed to the answer and the cause
tried In the court below upon the pleadings
alone, and only two questions raised by the
answer are suggested upon this appeal.
The objection made by defendant thr.t the
petition does not contain the warning clause
provided by the statute has been fully con
sidered In the case of Stevens vs Benson,
Just decided, and the decision in that case
disposes of the objection here adversely to
defendant. The only other question for
consideration Is. whether the petition for
the referendum must be attached to a full
and correct copy of the title and text of the
measure to be referred, or whether a full
and correct copy of the text of. the measure
la sufficient.
Did Contain Copy of Bill.
The constitutional provision and the form
of petition provided by the statute, upon
which the proceeding is based, are set out
1n full in Stevens vs.-Benson, supra. Section
2 of the act to provide for carrying Into
efTect the lntlatlve and referendum (laws
1907, 31n i, so far as U relates to the ques
tion here discussed, is: "Every such sheet
for petitioners' signatures shall be attached
to a full and correct copy of the title and
text of the measure ao proposed by the
Initiative petition; but such petition may be
filed with the Secretary of State In num
bered sections for convenience in handling,
and referendum petitions shall be attached
to a full and correct copy of the measure
on which the referendum la demanded and
may be filed In numbered sections In like
manner. . Not more than 20 signatures on
one sheet shall be counted." etc. The peti
tion in this case did contain a full and cor
rect copy of the text of the act. but er
roneously gave the title of the act as: "A
Bill for an Act to Increase the Annual Ap-'
proprlatlon for the Support and Maintenance
of the University of Oregon." when the
real title of the act a passed Is: "An Act
to Amend Section 3329 of Bellinger and
Cotton's Annotated Codes and Statures of
Oregon, by Increasing the annual Appro
priation for the Support and Maintenance
of the University of Oregon." And this
discrepancy in setting out the title of the
act Is the ground assigned for the insuf
ficiency of the petition. The purpose of the
title to a bill or measure before the Legis
lature is. as stated in Olemmensen vs. Pet
erson, SS Or. 48, "to prohibit the Legisla
ture from combining In ono act aubjects
wholly Incongruous, diverse In their nature,
and having no perceptible or necessary con
nection with each other, and to obviate the
practice of Inserting In an act clauses In
volving matter of which the title Is not cal
culated or adequate to give or convey any
Intimation. Thus. It was designed by the
framers of the constitution that in every
case the proposed measure should stand
upon its own merits, and that the Legisla
ture should be fairly satisfied of its purpose
by an Inspection of the title, when required
to pass upon It, so as not to be surprised or
misled by the suhject which the title pur
ported to exprers." Neither the reason nor
the necessity for such a title to a bill be
fore the Legislature exists with reference
to the referendum proceeding. The purpose
of the petition for referendum Is to identify
a particular enactment of the Legislative
Assembly which the petitioners desire to
have referred to the people, a question of
Identity, not of legislation. There Is a dis
tinction In that regard between the refer
endum and the Initiative, in which latter,
legislation Is initiated and tne whole mat
ter must be formulated Just as It Is to be
submitted to the people, while In the refer
endum It is only a question of the approval
or disapproval by the people of what the
legislature has already enacted as a law.
Section 1. of Article IV of the constitution
recognizes this distinction by providing that
the initiative petition shall "Include the
full text of the measure." while as to the
referendum no reference Is made as to the
manner In which the measure shall be men
tioned In the petition. Section 2 of the
legislative act of 1907 (laws 1907. 400,
recognizes the same distinction providing
that the initiative petition "shall be at
tached to a full and correct copy of the
title and text of the measure," etc., and "
referendum petition .shall be attached to a
full and correct copy of the measure," etc.
And when we consider the purpose of the
petition, namely to bring to the attention,
of the Secretary of State a particular act
for reference to the people, a petition that
will Identify such act and shall be suf
ficiently plain, that "neither the signers of
the petition, nor the Secretary of State, may'
be mistaken as to what is meant, will ac
complish all that the constitution contem
plates, and the "full text- of the- measure"
fills this requirement. Considering this fact
in connection with the constitutional re
quirement as to the contents of the. Initia
tive petition, as compared with those of
referendum petition, helps to explain the
difference in such requirements as pre
scribed by 'the statute. There can be no.
doubt thai the term "measure" as used tier
means an act as it comes from the hands
of the Legislature at the close of the ses
sion complete, so far as it is concerned. It
is the enactment with which w have to
do and we do not think that the -term
measure in this connection necessarily in
cludes the title of the act. but If the term
Is broad enough to do so. it is Immaterial.
The title Is not an element to be submitted
to the voter or even considered by him. The
measure Is to be placed upon the ballot
only by a ballot' title In the nature of a
statement of the purpose of the measure,
and the Legislature could have no purpose
in requiring that the title or the act should
be contained in the petition, other than as
a matter of Identity, which they evidently
considered complete without It. In the
form of petition prescribed by the statute,
provision la made for inserting the title of
the act. but In that particular the form is
only suggestive. It contemplates placing the
act In the body of the petition, at least
when less than the whole act Is attacked,
but clearly the Legislature did not so In
tend. The Initiative petition is not so ar
ranged, and the statute does not contem
plate It but provides that the "referendum
petitions shall be attached to a full and
correct copy," etc. Evidently the petition
must be on every sheet on which signa
tures are placed, but the act will be on a
separate sheet, as clearly appears further
on in said section 2. so that the mention
of the title of the act in the form for the
petition can only be taken as suggestive
and Is of but very little aid In interpreting
the text of this statute.
It must be conceded that the Legislature
Intended to make a distinction between the
manner of setting out the act In initiative
petitions and in referendum petitions. As
in relation to the former It declares that
the petition " shall contain a copy of the
title and text of the measure, and as to
the referendum petition, being a part of
the same sentence, it shall contain a copy
of the measure, and we deem It a com
pliance with the requirement of the statute
to attach the referendum petition to a full
and correct copy of the text of the measure.
And the Judgment of the lower court will
be reversed and the cause remanded with
dlrectlona to said court to make peremp
torv the mandate of the alternative writ.
Mr. Chief Justice Bean did not take part
at the hearing of this case, being a regent
of the University of Oregon, the real party
Interested herein.
WILL CRAMP THE UNIVERSITY
Needed Improvements Must Walt
Until After Next June Election.
UNIVERSITY OF JOREQON, Eugene,
Or., Sept. 3. (Special.) As a result of the
referendum and today's decision by the
Supreme Court, the University will have
to content itself with its regular annual
appropriation of $47,500 until the Eaton
bill Is submitted to the people next June.
Although the institution needs additional
funds immediately to equip itself for the
work that it is being called upon to do
for the people of the state, there Is no
prospect that anything more than the
standing appropriation will be available.
The University has, however, an annual
income of about J1O.O0O per year from the
Interest on the Villard fund, the Univer
sity land fund and from tuition fees. This
amount, together with the standing ap
propriation, will Just about pay the sal
aries for the coming year, but will leave
nothing for Improvements.
The completion of the new library
building and the dormitory for women
will relieve the congested condition of
the campus, to a certain extent, but there
3 every reason to believe that all class
rooms, laboratories and dormitories will
be overcrowded during the coming year.
From present Indications, the enroll
ment will be larger than ever before, and
greater demands will be made upon the
teaching force. The referendum will
not have the effect of curtailing any of
the courses of study, as President Camp
bell and the members of his faculty will
keep the curriculum up to the highest
standard of efficiency.
The. decision of the Supreme Court is
taken ' with good grace by the University
people who welcome a popular vote upon
the appropriation bill. Owing to the
circumstances under which the referen
dum started, friends of the University
would have been pleased to see It given a
death blow by the courts, as there was
apparently no sincerity behind the move
ment. It is said that the movement was
started by certain Individuals who hope
to gain political prominence by their part
in the alleged reform. Many of the sig
natures. It Is said, were obtained by mis
representation and fraud, and numerous
false and malignant statements were
made concerning the University and the
members of Its faculty.
A committee from the alumni will as
sume charge of the campaign for the pas
sage of the bill next June, This commit
tee consists of C. N. McArthur, H. D.
Angell, L,. R. Alderman, Dr. Homer I.
Keeney and Allen H. Eaton. The per
sonnel of the committee assures a vigor
ous fight In favor of the bill and there
Is little doubt about its final passage.
From advices that have been received
from all parts of the state. It is quite evi
dent that the referendum does not find
favor with the general public.
: i-pr K .. ri .- H-v J i
rir ' W r -WS
3v S 'Mt- ri t ! - 'ft J3 t i Hi. u 1 A V'tvj' S I; f
pq Ij 1 ( 1 . r 1 j. I tlf f ? Vi
RIFLE BANK'S SAFE
Mysterious Robbery of
- Bank of Auburn.
the
VAULT , LOOTED OF $5000
Building; Entered With Pass Keys,
. Combination on Money Box
Worked . and , All the
Cash Removed.
SEATTLE. Wash., Sept 8. (Spe
cial.) The Bank of Auburn is the vic
tim of a $5200 robbery so mysterious
that its officials do not dare to hint
at suspicion. The bank Is a co-partnership,
at the head of which is State
Senator I. B. Knickerbocker, but whose
active director Is H. H. Howard who
acts as cashier. Oscar Christopher
is the other partner.
Some time between Saturday night
and this morning robbers entered the
bank with pass keys, opened and
rifled the safe, and departed after
taking $5200, the only cash on hand.
Either someone who had the com
bination or an expert safeblower able
to solve a combination committed the
robbery, for no violence was shown.
A sign over the safe shewing mem
bership in the Washington State
Bankers' Protective Association had no
terrors for the robber.
Insofar as the bank is concerned it
was able, by sending; to Seattle for
funds, to re-opnn as usual, and the
Auburn public, once given the infor
mation that $5000 burglar insurance
protects the bank, created no excite
ment. Harry O. Boyd, a son of an old Au
burn family, who has been with the
bank tor eight months as cashier,
closed up Saturday night, but it is be
lieved he failed to set the tlmelock.
On Monday, Senator Knickerbocker
took a deposit of $130 from a farmer
and placed it between the outer and
inner doors of the vault. He did not
have the combination of the Inner
vault, and could not put the money
Inside. The fact that this money was
undisturbed Indicates the robbery oc
curred earlier than yesterday after
noon. Assistant Cashier Boyd, the man who
closed the vaults was the man who
discovered the loss this morning. The
man had very valuable papeu which
were not disturbed.
Auburn is Iri the center of a rich
district of small farmers, and the bank
carries heavy deposits, though most of
its cash is held in Seattle banks. It
wa. about to be incorporated this
Fall. The three partners can bear
their loss easily.
PETITIONS ARE IILL VALID
SUPREME COURT DECISIONS ON
REFERENDUM CASES.
Three Legislative Measures Must
Have Approval of otera to
Become Laws.
.MUST GO TO VOTE OF PEOPLE.
All referendum petitions offered for
flllnj last May are held to be valid,
and the measures attacked must be
submitted to a vote of the people
next June.
Theae measures are:
The University of Oregon bill ap
- propriatlng $125, 000 annually.
The compulsory pass bill.
The act giving the Sheriff ef Mult-'
nomah County custody and orntroi of
persons confined in the County Jail.
The cases were all tried In the
Circuit Court before Judge Galloway,
of Marion County, and it was there
held that all petitions were fatally de
fective. Appeal was taken to the Supreme
Court and1 all cases are reversed, the
opinion of the court being written by
Justice Eakln.
SALEM, Or., Sept S. (Special.) In
deciding the referendum cases today
the Supreme Court handed down three
opinions, those In the Sheriff Stevens
case and the University of Oregon case
containing; the full discussion of the
questions of law involved, while the
decision in the compulsory pass bill
ADMIRAL CALIJvVDER AXD HIS
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Fall
A new Winter Coat
in black and all
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Broadcloth, Cheviot
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Waist Special
SOLE AGENTS FOR
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SETS WHOLESALE
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case depends upon that in the Stevens
case.
The Legislature of 1907 passed an
act giving the Sheriff custody and con
trol of county prisoners, and the Mult
nomih County Court caused referen
dum petitions to be circulated and
filed attacking this measure. Upon ad
vice of the Attorney General the -Secretary
of State accepted the petition,
whereupon Sheriff Stevens brought an
Injunction suit wh.ch was decided In
his favor by Judge Galloway. This Is
reversed In a decision by Judge Eakln.
In his opinion Judge Eakln holds that
the initiative and referendum amend
ment is self -executing, that the act of
the Legislature presenting the man
ner of exercising the referendum
power is directory and not mandatory,
and that it Is so expressly declared by
its terms. This being true, the omis
sion o the "warning clause" from a
petition does not render it void.
The suit over the compulsory pass
bill was brought by John F. Logan,
who sought to enjoin the Secretary
of State from filing the petition de
manding the referendum upon that
measure. He won In the court below
but lost on appeal, and the compulsory
pass bill remains ineffective until
voted upon by the people.
The case of Robert Hlldebrand, re
spondent, vs. United Artisans, ap
pellant, from Douglas County, L. T.
Harris, judge, was affirmed in an opin
ion by Judge King.
Petitions for rehearing were denied
in the case of Hendershott vs. Sags
vold; Gordon vs. Wright; Hawley vs.
Sumpter; Valley Railway Company;
Keen vs. Keen; Myer vs. Roberts,
and Sears vs. Dunbar.
Granted State Certificates.
SALEM, Or., Sept. 3. (Special.) The
State Board of Education today granted
state papers as follows:
Laura E. Miller, Westport, Wash., state
certificate on Pennsylvania papers; Har
riett Hess, Goble, Or., state permit on
Pennsylvania papers; Aubrey G. Smith,
Joseph, Or., state permit on Missouri pa
pers; Gertrude Brehaut, 743 Kearney
street, Portland. Or., state permit on Can
ada papers; Maude W. Cooke, Oregon
City. Or., state certificate; Alice Markart.
Parkplacc, Or., state certificate: Lillian
Vredt, Antelope, state certificate: Myrtle
Shonkwller, Portland, Or., state life diplo
ma, graduate of O. A. C.
STAF T AT THE ASTORIA REGATTA.
tfDmmnmmmtmmnwww sjiswwessnwi.wimeimn' ww m ii"eii'"weu iwiwimnnipiiiiiw n iiwuhiwiiiuiw mi ii pi iiimiMiiiii f
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Odds and Ends in Waists,
Values up to $1.75, as long as they last,
. Acheson Co.
FIFTH AND ALDER STREETS
L ROAD STEALS MEN
VALDEZ COMPANY GETS GUG
GENHEIM'S LABORERS.
Steamer Jeanie Does the Trick and
Now She Is Liable to Heavy
Marine Fine.
SEATTLE, Wash., Sept. 3. (Spe
cial.) The bitter feud between the
Alaska Home Railroad, ' a Valdez,
Alaska, corporation, and the Guggen
heim Road, building into the Copper
River district from Katalla, took a new
turn today. The Valdez corporation,
which has not even purchased its rails
yet, sent the steamer Jeanie over to
Katalla and claims to have stolen 300
men employed by the Guggenhelms.
The Guggenhelms claim but 150 were
enticed away.
In any event, the Jeanie Is only
authorized to carry 58 passengers, and
the, fact that she exceeded her pas
senger limit has been brought to the
attention of the customs service. If
the fine to which she is liable Is as
sessed against the Jeanie she will be
taxed more than half her worth.
Another blow aimed at the Valdez
Independent railroad scheme Is an un
derstanding Just perfected with Esorre
& Conipany, tho operators of the -Winter
stage line between Valdez and
Fairbanks, whereby they will make
Abercrombie Rapids their terminus and
avoid the 80-mile climb over the coast
range of the Chugack Mountains. If
the Guggenhelms are able to operate
trains to the Raplds'by December 31,
when the stage service begins this
Winter, the schedule will be effecTTVe
after that date.
This action will divert the Winter
travel away from Valdez and create a
new Winter route to Fairbanks by way
of Katalla. Such action would be the
most . serious blow the Guggenhelms
could give Valdez.
New Instructors at Oregon.
EUGENE, Or., Sept. 3. (Special.)
President Campbell announces the selec-
Photo by Woodfleld, Astoria.
i ailore
1
tion of two new instructors in the Uni
versity of Oregon for the following year.
Mlas Julia Burgess, of California, will
take the place of Miss Bigelow as assist
ant In rhetoric and American literature.
Miss Burgess took her A. B. degree at
Wellesley and her A. M. at Radcliffe Col
lege. Dr. Robert Carleton Clark, who took
the degree of A. B. at the University of
Texas and his Ph. D. at the University
of Wisconsin, will take Professor Scha
fer's place during the latter"s leave of ab
sence in Europe for one year.
Miss Annlna McCrary, of Boston, has
been selected for the head of the depart
ment of piano and theory. Miss McCrary
was an instructor In the New England
Conservatory of Music.
Will Manage AH Ladd Farms.
FOREST GROVE, Or., Sept. 3. (Spe
cial.) W. H. McEIdowney, of this
place, has been appointed general
manager cf all the Ladd & Reed farms
located in Polk, Yamhill and Washing
ton counties in Oregon and Clark
County. Wash., comprising several
thousand acres of the best farming
lands in the two states. Mr. Mc
EIdowney began work for the company
19 years ago, managing the Reedville
farm, and after eight years there was
promoted to the Broadmead farm in
Yamhill and Polk counties. This is
6ne of the finest farms in the North
west, consisting of nearly 3000 acres
under cultivation. Mr. McEIdowney
has always been a very successful
manager and is one of the most prac
tlcal farmers in the state. He will re
tain his residence here for the present
while looking after the various prop
crtles in his care.
Major Hawthorne Retnrns.
VANCOUVER, Wash.,' Sept. 8. (Spe
clal.) Major Hawthorne, Department
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Manufacturers of "Cravenette" Cloth.
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Artillery Officer, Department of the
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ten days' leave of absence at San
Diego. Cai.
Here is a variety of the new shapes
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For the Derby, the experimental
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