VOL. XLVI.- NO. 14,675. PORTLAND, OREGON, FRIDAY, DECEMBER 20, 1907. PRICE FIVE CENTS. TO Decision in Test Case Is Announced. EFFECTS ARE FAR-REACHING All Measures Voted at June Election Get Body Blow. JUDGE CLELAND'S RULING Holds That Council Exceeded Au thority in Submitting Measures to Electors People Only Em powered to Initiate Change. VOTE ON BOND ISSUES. . Following Is the vota at the city election of June 3 on the measures that are affected by the forthcoming decision of Circuit Judge Cleland: Issue of $3,000,000 water bonds and assessing property for water 1 mains Yes 7,247:No T.116 Majority for. 181. Issue of $1,000,000 park and boule vard bonds Yes 8,143!No 6.143 Majority for. 2000. Issue of $300,000 of dock bonds Tes tU14No 4.847 Majority for. 4967. Issue of $ir.O.0OO of Madison-street bridge bonds Tes ll.S72Ko 2.56S Majority for, 0304. Issue of $275,000 general bonds for fireboat and water mains Tes S,0."S!No 4.988 Majority for, 3967. Improvement of streets by districts Yes 9.21UNo. : 8.902 . Majority for. 8317. Remonstrance of four-fifths to de feat street Improvement Tes S.OOBlNo 4.670 Majority for, 3096. Regulating- sale of delinquent prop erty by City Treasurer Tes 9.203INO...'' 3.243 Majority tor. 5961. Creating office Df Sergeant of Po lice Tes S.82SjXo 3.667 Majority for, 6161. Annexing additional territory in sec tions 20 and 30, T. W. P. In R. 2 E., TV. M. Tes 7.803LKO 4.020 Majority for. 3883. That the amendments to the Portland city charter, voted at the municipal elec tion of June 3, last, authorizing improve ment bond issues aggregating Jo.aas.OOO, were illegally enacted and are void, is the tenor of the decision that will be made by John B. Cleland, judge of the State Circuit Court for Multnomah County. The finding affects not only the bond issues, but also the following char ter amendments: Providing for the im provement of streets by district;- re monstrance of four-fifths of the property-owners to defeat street improve ments; regulation of delinquent property sales; cseatlon of the office of sergeant of police; annexation of additional ter ritory to the city, and the, assessment of abutting property for the laying of water mains. Decision Is Far-Reaching. This far-reaching decision, one of the most important ever rendered in a lo cal court. Is in the case filed by Francis I. McKenna to . test the legality of the bond issues and' other , charter amend ments. The c&iplaint was filed only against the amendment ' authorizing the Issue of $3,000,000 of water bonds and the assessment of property . for mains. This was a friendly suit brought on the ad vice of Seneca Smith, and the purpose was to test the legality of all charter amendments adopted at the June elec tion, but lawyers agree that the ruling will apply to all the measures with the same force as to. the water bond pro vision, and if the State Supreme Court sustains Judge Cleland, all the improve ments contemplated and legislation voted must await the favorable action of the electors at the next regular election, or at an election specially jailed. No Formal Decision as Tet. The decision of Judge Cleland has not yet been handed down, and will not be until January 7, when the regular term of the Circuit Court opens. The an nouncement of the ruling, however, is official. At the request of City Attor ney Kavanaugh and Seneca Smith, rep resenting both sides in the case, the court has made its position known. This action was necessary in order that Im portant munlolpal business might pro ceed in accordance with the ruling on the amendments. The Invalidity of the water bond amend ment, and consequently of all others, as Interpreted toy Judge Cleland, is due to the Irregular manner in which the measures were presented for a vote of the people, These amendments were all placed on the ballot, by resolution passed by the Coun cil. In his decision Judge Cleland will hold that the Council had no authority for Its action. Such legislation, to be legal, he will rule. nust be inaugurated by peti tions signed by legal voters of the munici pality. The improvement bond' issues voted in June and which will be held invalid are mm follows: Issue of H.OuO.OOO water bonds. NDMENTS CHARTER NVALID issue of $1,000,000 park and boulevard bonds, issue of $500,000 dock bonds, issue of $273,000 general bonds for fireboat and water mains.. The effect of the Circuit Court's decision will be to delay all action under the char ter amendments. No bonds have yet been issued, and whenever possible the city au thorities have declined to act under the provisions of the amendments. In several Instances, however, this has been unavoid able, but the action taken will not now be binding, and until the question of legality has been finally settled by the State Su preme Court the city authorities and leg islative bodies 'must proceed as if . the amendments had never been passed. Case to Be Appealed. "Without doubt the case will be carried to the Supreme Court in the hope that' the city may ultimately win and the will of the electors be carried out. City Attor ney Kavanaugh announces that as soon as possible after the decision of Judge Cleland has been handed down he will prepare an appeal to the Supreme Court. He will also request that, in view of its extreme importance, the appellate body expedite the appeal by a special hearing. No question of constitutionality is in volved, and the case cannot, therefore, be carried beyond the State Supreme Court. The immedjate reason for requesting Judge Cleland to make known his decision at this time was to give the Water Board a definite basis on which to' estimate its expenditures for the coming, year. The water bond amendment provided also for assessing the cost of mains to abutting property. If this provision had become effective, a large item in the expense of the water system would have been met by direct assessment and the present water rates consequently could have been ma terially reduced at the first of the year. Jio Lower Water Rates. In view of the present ruling there 'will probably be no reduction of water rates, at least until 1909, as the schedule must be adopted by the Board and approved by the Council before January L - Another important effect of the decision will be to delay the purchase of new parkl and laying out of many fine boule vards. Using a special appropriation of $5000, the- Council recently employed J. C. Olmsted, an Eastern landscape archi tect to map out an elaborate park sys tem for Portland. His report has been submitted and its was hoped to ' proceed soon to acquire a portion of the land needed for these parks. It Is now evi dent that there will be no money avall abl for many months to carry out these plans. - After the June election, so much doubt was expressed as to the legality of the charter amendments that it was decided to make a thorough test of them in the courts. Seneca Smith headed -the move ment to bring the matter to trial and pre pared the complaints for filing. At first it was proposed to make -a test case of the bridge bond amendment, but the water bond measure was finally selected, as it was believed that all of the objections that could, be raised to any of the amend ments were to be argued against it. Two Leading Contentions. ' There were two leading contentions in the case against the city.' The first was that the Council had no authority to Initiate legislation. It was contended in the complaint that the electors had no authority to pass on the amendment, "unless the same should be submitted to them upon an Initiative petition as pro vided in the constitution of the state of Oregon" by the varous amendments, ap plying to ,the case. It is upon this point that Judge Cleland has based his finding. It was also represented that the amend ments were invalid because the charter explicitly provides a manner in which the cost of public improvements shall be met, and that this method was not fol lowed. Judge Cleland says that this con tention' washot sustained, and that he also did not take into consideration the further contention that the June election was not advertised in the manner pro vided by the charter. The case of the city was fought by City Attorney Kavanaugh and Deputy City Attorney Grant. Mr. Kavanaugh's Views. "There is no doubt that the decision of Judge Cleland will apply in effect to all charter amendments passed at the June election," said Mr. Kavanaugh last night, "with the sole exception" of the amend ment granting a franchise to the Econo my Gas Company, which amendment was initiated by direct petition. All othjr amendments were placed on the ballot by resolution of the Council and the Court holds that In this the Council acted with out authority. "Every law Is regarded as valid until it is declared otherwise. Therefore Te .have preceded on the ground that the amendments were regular. However, we have avoided acting under them when ever possible. TVe shall appeal to the State Supreme Court and until action is taken by that body, the amendments must be regarded as unquestionably in valid." Mr. Grant Also Talks. "This case is of unusual importance," declared Mr. Grant, "because we have, been exploring entirely new . territory. There are n decisions applying to initia tive' legislation of this character, besides the ones that hare been made In Oregon. We have contended that the Legislature, In giving municipalities sole power to amend their own charters, provided that the measures could be initiated in any orderly manner if only they were brought to a fair vote of the people. The vote at the last election shows that there was much interest taken In the amendments." If the Appellate Court agrees that the amendments were illegally instituted, t..e quickest way to re-enact them Is to call a special election. The charter provides that this must be done by ordinance, and that such election shall not bo held with in less than 30 days after the ordlnan- is passed. Besides this, M would require an even longer time to circulate petitions, for each amendment . would have to be supported by the signatures of at least 15 per cent of the voters before it could e placed on the ballot. The expense of such an election would be several thous and dollars. . There Is the possibility, too, that some of the amendments might fail to pass if they were again broug..- before the peo ple. The most important of all . the 'Concluded on Pace s.k EXPLOSION KILLS 200 fill ORE MINERS Third in One District in Nineteen Days. RAISES TOTAL DEATHS TD 550 Darr Mine, Near Connellsville, Scene of Disaster. TERRIFIC SHOCK IS FELT Between 200 and 250 Men En tombed and Hope of Iiife ' Slight Foreigners Escape by Going to Church. JACOBS CREEK, Pa., Dec. 19. An ex plosion of gas in the Darr mine of the Pittsburg Coal Company, located here, today entombed between 200 and 258 miners, and there is scarcely a ray of hope that a single one of them will be taken from the mine alive. .Partially wrecked buildings in the vicinity of the mine and the condition of the few bodies found early In the rescue work indicate an explosion of such terrific force that it seems impossible that any one could have survived It. All of the 13 bodies taken out up to this time are terribly mutilated, and three of them are head less. This is 'the third mine disaster since the first of the month in the veins of bituminous coal underlying Western Pensylvanla and West Virginia, for the Naomi mine near Fayette City and the two mines at Monongah, W. Va., in which the earlier explosions happened, are In the same belt as the local work ings. Today's catastrophe swells the number of victims of deadly mine gas for the 19 days to between 550 and 600. Escape by Going to Church. That today's disaster does not equal or even surpass in loss of life and at tendant horrors the one in West Virginia Is due to the devotion to church duties of a considerable number of the miners. In observance of . the church . . festival, many of the 400 or more men regularly employed at the mine did not go to work this. , morning. Those who . escaped through this reason are members of the Greek Catholic Church and they sus pended work to celebrate St. Nicholas' day. As was the case at Monongah, the ex plosion followed a brief shut-down, the Darr mine having been closed Tuesday and Wednesday. It was just 11:30 o'clock when the tenth trip of loaded cars had been brought out to the tipple that there came an awful rumbling sound, followed Immediately by a loud report and a. con cussion that shook nearby buildings and was felt within a radius of several miles. At the same time there came out of the THE mouth of the mine an imense cloud of dense smoke and dust that floated across the Youghiogheny River. Fears of Fire Xot Kealized. Intuitively every one in . the vicinity knew what had happened and all started for the one place the mouth of the mine. The river separates, the mine and the homes of many oY. the miners, so that only some of those who started for the scene were able to reach it, there being scant facilities for "crossing the stream. To those who could not cross the water, the smoke . and dust pouring from the mine's mouth told a story Qf seething flames back lri the workings, and from this source came reports that were persistent until late in the day that the mine was burning. The ventilating fans were kept in operation almost with out interruption, however, the power plant . having withstood the force of the 3k r Representative David A. De Armond. of Missouri, Who Had a Fist Fight With Representative Williams In the House of Representatives. explosion, and up to this time the res cuers have found no fire at any place In the mine. - Only One Escapes Alive. As far as known only one man who went to work this morning escaped. Jo seph Mapleton, a pumper, emerged from one of the . side . entrances shortly after the explosion. He had left the part of the mine where most of the men were working and. was .on. the way o the tn-gine-room for oil. "I. was in entry No. 21," said he, "when I heard an awful rumbling. I started toward the 'entry, but the next Instant I was blinded and for a little time I did not know anything. ' Then I got to the side entry and worked my way out." Mapleton was .. somewhat .. cut ' and bruised, but after going home and hav ing his injuries dressed he returned to the mine and Joined the rescuers. - Rescuers Seek Survivors. William Keivlngton, superintendent of the mine, was not in the mine when the explosion occurred and he quickly or ganized . rescuing parties, starting one force of 25 men with reliefs at short In tervals In the main entry and a similar force at a side entry. It is hoped to reach the greater -part of the victims through the latter. So far little trouble has been encountered on account of gas or lack' of air by the rescuers. While the officials and the rescuers have only the faintest hope that any of. the men may be living, all work Is being carried on upon the theory that some may have (Concluded on Page 8) FOOL AND THE PISTOL AGAIN. WITHDRAW HARDEN Editor Asked to Sign Retraction. NO LONGER ACCLAIMED HERO Received in Silence by Small Crowd. HEALTH IS MUCH BROKEN Berlin Court Decides on Question Raised of Jurisdiction Writer Explains Eulenberg's Refer ences to the Ka iser . BERLIN, Dec. 19. Maximilian ' Harden, who two.montns ago was the favorite of the people, who was cheered and con gratulated by crowds of admirers, as he came and went to the Courthouse, was today received In silence by the few hun dred persons who had collected outside the main entrance of the criminal court to witness the departure of the principals in the present hearing of the Harden Von Moltke case. Harden is accused by the state of having offended society by his writings in Die Zukunf t, the maga zine of which he is editor., Harden's , own attitude also has changed. Instead of the passionate and denunciatory appeal to the people of two months ago, he was today cautious and evasive and took care' to keep closely be hind every available legal -barrier. Explains Reference to Kaiser. The name of Emperor William was mentioned only once or twice In the hear ing today, and then in Harden's' explana tions to the presiding Judge of his allu sions. In the dialogue at night between the person called "The Hopper," and the person called "The Sweet One." ''I merely Intended," said Harden, "to bring out the fact of Buleriberga too great in fluence; that it was his habit to refer to the Emperor as 'darling.' This was a most deplorable situation." The day was speit in a legal contro versy over the jurisdiction of the court and the examination of Harden. Neither Prince Eulenberg nor any of the notable witnesses were present. There is reason to believe that nego tiations are still on foot looking to the withdrawal by the public prosecutor of the charges against Harden on condition that Harden sign a document satisfac tory to Count Von Moltke. Harden Broken in Health. Herr Harden was haggard and worn and his face paled and flushed alternately when he appeared before the Criminal Court today and took his place in the dock to answer the accusation brought in the name of the state that he had offended not only against General . 4 Count Kuno von Moltke, but against the Interests of society in writing in Die Zukunft of von Moltke, Prince Philip Eulenberg:, General Count Wil helm von Hohenau and others in the manner in which he did. The president invited "him to leave the prisoner's bench and take a more comfortable chair next to the attor neys. The bailiff spread out Harden's fur coat on the chair in order to make him as comfortable as possible. The prisoner was shaken from time to lime with fits of coughing, which he tiled in vain to suppress. Dr. Marx, Harden's physician, said when 'Harden got up this morning that he absolutely dis approved of his appearing in court and disavowed all responsibility for the effect on his health. Harden listened languidly to the ar guments of the lawyers concerning the Jurisdiction of the court. These lasted for two hours. The Judges then an nounced that they were competent to try the case. Count von Moltke's at torneys reserved the right to ask that the public be excluded during the tak ing of testimony relating to the shame ful vices. Read Political Articles. The indictment against Harden' was then read, ' covering Ms political arti cles in Die Zukunft for a period of sev eral months. Questioned about these by the court. Harden replied he had written them in the interests of his country. He had no intention of libeling Von Moltke. He considered the influence of Prince Eulenberg to be harmful and he sought to remove it. He said he had no desire to call wit nesses to prove that Von Moltke was abnormal. "I have a definite convic tion," the prisoner said. "I have said nothing libelous. If the court assumes that the articles are defamatory I atm here to bear any pefialty." There will be 28 witnesses, exclusive of a medical expert for the defense. In addition, evidence will be given for Editor Harden by Baron von Berger, manager of the Hamburg City Theater, who sought by negotiation and diplomacy to break up the scandalous "round table" previous to Harden's newspaper attacks. De Ciaparede, the Swiss Minister to the Berlin court, and his wife, who were in the Von Moltke circle, are believed to be In a position to testify regarding Count von Moltke's, shortcomings. Mother-in-Law Takes Part. Goeritez, Prince zu Eulenberg's major domo at Lleben, will testify, and so will Frau von Heyden,. the mother of Frau von Elbe, who was divorced from Von Moltke. She Is the bitter enemy of her daughter's first husband. Other witnesses for the defense will be Lawyer Ilch, an attorney in the di vorce proceeding; a pastor named Jung nickel, a mysterious witness whom Har den has Just secured; another hitherto unknown witness maned Kistler, from Munich; Dr. Cords, from New Badenburg, who will tell about Frau von Elbe's .health at the time of the divorce; Lieu tenant von Kruse, Frau von Elbe's son; a Sister of Mercy named Lange, who at tended Frau von Elbe, and Herr Lone man n. The witnesses for the defense will In clude three Berlin police commissioners who are supposed to know all the mys teries of darkest Berlin, especially its grossest impurities. The public prosecutor has summoned, in addition to Count von Moltke, who will give his evidence, his cousin. Colonel von Moltke. who was the Count's emis sary to Editor Harden regarding the proposed duel and other matters In con troversy between them. Frau von Elbe (Concluded on Pae SA CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 3S deg. : minimum. 32. TODAY'S Occasional rain, possibly part snow in the early morning-; winds mostly southerly. Foreign. Trial of Harden begins, but German govern- ment negotiates compromise of case Page 1. Powder explosion at Palermo kills 2 per- sons and wrecks -many houses. Page 5. Armed truce between tactions In Teheran. Page 8. National. Williams and De Armond have fist fight in House. Page 5. Cannon appoints House committees. Page 5. Japanese statesmen talk on voyage of fleet. Page 13. Heney protests against Bristol's removal. Page 6. Philippine Assembly prepares terms to ask Congress. Page 13. Bills to prohibit dealing In futures sure of action in Congress. Page 1. Politics. New York County Committee postpones ac tion on indorsement of Hughes. Page 6. James Hamilton Lewis candidate for Gover nor of Illinois. Page a. New York . Aldermen re-elect President Ahearn. whom Hughes removed. Page 9. Domestic. Robber caught in act of breaking Into treas ure car. Page 6. Walker, the bank-wrecker, attempted aul , cide after capture and will resist extra dition. Page 19. Goldfield mineowners say efforts at com promise come too late. Page 4. Mine explosion in Pennsylvania kills between 200 and 250 men. Page 1. Portland student whose money Is tied up in broken bank enlists In marines. Page 8. Railroad men give figures to Justify ad vance In lumber rates. Page 7. Pacific Coast. Osteopath Moore' starts row in Board of Medical Examiners. Page 6. Prosecution springs sensational evidence against Pettlbone. Page 6. San ' Francisco bank-wreckers indicted Page S. Commercial and Marine. Movement of the Northwestern grain crop. Page 19. Small change in wheat prices at Chicago. Page 19. Holiday feeling In stock market, page 19. December wheat exports more than a mil lion and a quarter bushels. Page 18. Portland and Vicinity. Circuit Judge Cleland holds all charter amendments voted last June invalid; far reaching decision. Page 1. . Police can find no trace of Glttings' mur derer. Page 12. Christmas shopping in full awing. Page 14. District Attorney Manning investigates con nection of prominent persons with wreck ing of bank. Page 12. Hill , and Harriman interests to have sepa rate terminals in Portland. Page lg. Council determined Bailiff Macdonald's sal ary shall be paid. Page 15. City gets option on alta for East tilde po lice station. Pace is. DEALS BLOW AT N Kansan Would Forbid Dealing in Futures. CAN GET COMMITTEE REPORT Same Measure Would Stop Dealing in Cotton. BARRED FROM TELEGRAPH Also Denied Vse of Malls Scott of Kansas May Force Through Measure Which Would Crush Out Boards of Trade. "W'ASHINOTOX, Iec. 19. (Special.) Charles Frederick Scott, Representative from the Second Kansas District, cele- . brated his appointment to the chairman ship of the House committee on agricul ture this afternoon by introducing a bill to prevent dealing in grain . futures. The bill goes to his committee for Considera tion. The chairman proposes that the committee shall get busy with it just as soon , as- the agricultural appropriation bill is out of the way. This is the measure the Boards of. Trade throughout the country have been fearing. There already Is before the -committee on agriculture the Burleson anti-option bill, which relates to gambling In cotton. The same bill relating . to cotton has been Introduced by Senator ' Culberson, of Texas, in the upper branch of Congress. There is more than a fair prospect of action at the House end of the Capitol with respect to both the grain and cotton bills. Same Bill Offered for Cotton. Mr. Scott's bill had for its prototype the Burleson measure. It is the self-same bill, in fact, with the word "grain" sub stituted for the word "cotton." It pro poses to reach and break up dealing In futures by prohibiting telegraph and tele phone companies to transmit messages relating to contracts for future delivery, when it is not Intended that the article contracted for shall be actually delivered or received. The mails are refused to publications containing accounts or records of transactions on exchanges whose methods are deemed objectionable under the provisions of the bill. Put Exchange Out ol Business. The object of the Burleson bill, accord ing to the admission of Its author, is to but the New York Cotton Exchange out of business. Mr. Scott would do the same thing with respect to the boards .of trade throughout the country which serve as the mediums for speculating in wheat and grain as the Cotton Exchange serves as a medium for speculation in the great staple of the South. It has been designed to amend the Burleson measure so as to embrace grain as well as cotton. In the, last Congress the committee was ready to report out a similar bill amended in this way, but desisted at the solicitation of friends of the measure, who saw no chance for a vote in the House in the closing days of the last session. This bill promises to bs one of the very important pieces of leg islation to command the attention of the present Congress. Man Behind the Bill. Mr. Scott is serving his' fourth term in Congress. He never has come into the limelight to any extent heretofore, but as chairman of the committee on agriculture at a time when that committee will at tract more than ordinary attention, cs- t peclally as he Is the champion of the anti-option movement, he is liable to be much in the public eye. He was born on a Kansas farm in 1SS0, was educated In the common schools and state university and after several months of fortune seeking in the Western territories and Colorado, returned to his native county and purchased a newspaper at Iola, the Register, which he still owns and edits. He has been president of the Kansas State Editorial Association and of the Kansas League of Republican Clubs and. represented his district on the Presiden tial electoral ticket in 1904. Before com ing to Congress he served four years in the Kansas Senate. HOPE TO RESCUE MINERS Entombed Men May Be Released by Christmas. ELY. Kev., Dee. 19. The three miners entombed in the Alpha mine will, un less further trouhle is experienced, probably be released by Christmas day. according to Foreman Gallagher, in charge of the rescue work. The 600 foot level was reached last night by the rescue party at work on the cave in, and now that danger of a further cave-in has been averted, work. Is be ing pushed with all possible speed. The men have been imprisoned since December 4. LATEST FROM THE FLEET At Xoon Yesterday, Ships Were Off Florida Coast All Is Well. ON BOARD U. S. S. MINNESOTA, Dec. 19. At noon today the battleship fleet is due east of Jupiter Inlet, Fla. The speed today was Increased to 11 knots an hour. The ships are still in double col umn formation. The weather is perfect All hands are dressed in white. Get GAMBLING