THE I3T0RXIXG OREGOXIAX. WEDNESDAY. MARCH 11. 1908. H ?
1 1 ..-. mi I . " r
VESSELSTO GOME
TO ROSE FESTIVAL
THE VEHICLE TAX
City Attorney Kavanaugh
Naval Pageant Will Be Impor
tant Feature of Carni
val in June.
Holds That Ordinance Is
Now in Effect.
NOT UNDER REFERENDUM
FLANS ON LARGER SCALE
r ! Ur N U UN
i j
Awve
l r?c-. "'iJP"M-i I,!) r ' i -.K!g-- Tt I
licht Acts in City Have Been Secured
for Theatrical Benefit at the
Marquam Grand Friday
Afternoon.
The announcement from Washington,
yr-sterrtny, tlint the Navy Department had
consented to send a portion of the Ameri
can flnet to Portland during the Rose
Festival, will enable the festival manase
ment to arrance for a more elaborate
proKranime for tho week than could
otherwise have been done.
The Jackics" will be able, to partici
pate in the chief parade of the week and
in competition for the grand prize: it will
mean -that the hands from the different
ships will lie able to take part in the
demonstration: also that the hall teams
from the various ships will have a chance
to cross hats with several of tilt amateur
and eml-professional teams of Portland,
also that they will have representatives
In the athletic events to be srlvcn on Mult
nomah Field, and can compete with the
National Guardsmen in target shootins.
In addition to this, tho vessels themselves
will appear In the decorated and illum
inated marine carnival, which will be one
of the principal functions of the week,
and will take place In the local harbor.
There will be plenty of aequatic events,
rig and cutter races amnnc the crews of
the different warships, so that th,e whole
celebration will have a naval touch and
le a part of the grnnd welcome the Pa
cific Coast is extending to the great
Am'irican armada.
May Secure British Ship.
The Festival management will next en
deavor to secure from the Bridish Ad
miralty a promise to send one of the war
ships of the squadron stationed at Esqui
mault, the British naval station in North
Pacific waters. The War Department will
he requested, through the Oregon Sena
tors and Congressmen, to send a repre
sentative detail of troops to Portland from
the Department of the Columbia the
Army post at Vancouver, Wash. to take
part in the festivities of the festival week.
June 1-6.
If the War Department grants the re
quest of tho festival people, arrangements
will be made for the finest series of eon
tests between the Army and Navy forces
that has ever been held in this section of
the country. One of the plans now under
consideration is to have a patriotic "Army
and Navy"' day, in which the soldiers
from Vancouver, the "middies' from -the
American fleet and from tho British war
ship, in caae one Is sent here, will furnish
the. entertainment and amusement for the
whole day. A programee along tiese lines
Is being worked out and all pressure pos
sible brought to bear to embodv such an
arrangement in the festival week pro
gramme. Harbor to Be Cleaned l"p.
Captain J. C. Spierer, harbormaster,
who is chairman of the marine carnival
committee, was notified. last night, of
the plan to have a number of warships
here during festival week, and he will
call a meeting of his committee within
the next week or'ten days for the. pur
pose of devising some plan of having
a peneral "houseeleanlng" day on the
water-front. Some time ago he issued
orders to the dock-owners to "clean up."
and while some of them have obeyed the
orders, others have entirely disregarded
It and the water-front remains In a con
dition that Chairman Speier declares he
will not tolerate. He has one of the
strongest committees that has yet been
appointed by the executive hoard of the
festival and even if the dock-owners do
not "spruce up" under his orders, he
will have recourse to the Council, which
hiiM final authority in the matter.
Places have been selected where tickets
for the Rose Festival benefit matinee, to
be given at the Marquam Theater, Fri
day afternoon, are on sale. The list
now covers only the West Side. The list
for tho Kast Side will be announced to
morrow. Tickvts can be purchased on
the West Side at the following business
houses:
Howe & Martin, Woodard & Clarke.
Olds. Wormian & King. Meier Frank
Company, Powers & Kstes, Skldmore
Drug Company. J. K. Uill Company.
Oregon News Company. Schiller's Cigar
Store. Sixth and Washington: I.ipnian.
Wolfe & Company. F. Dresser & Com
pany. McAllen & McDonnell. Roberts
THros.. 9g. Sichel Cigar Company. Fuller
& O'Neill cigar store, Lame-Davis Drug
Company. Third and Yamhill: Sherman
Clay & Company. Sixth and Morrison:
Kilrrs Piano House. Park and Washing
Ion: Hazlcwood Creamery Company.
Eastern Outlining Company.
Benefit I.aMs Four Hours.
This benefit, which is to he one of the
biggest ever undertaken in Portland is
to be a "Dollar Club" proixisition, a sort
oi continuous performance and "come-and-go-as-you-please"
affair, and will
embrace a programme of the finest the
atrical acts in town, lasting for four
hours, beginning at 1:30 o'clock Friday
afternoon.
"We picked Friday, the 13th, for no
other reason than to make It an auspic
ious occasion," snid Oeorge L. Baker,
who is directing the benefit, yesterday
atternoon. "In a general way I have
looked over the attractions which are
appearing at all the local theaters and
am free to say that we shall have no
difficulty in selecting an aggregation of
nets that will surpass n thing that has
ever "been given in the history of Port
land." KiTD Theater Represented.
Mr. Baker ylesterday afternoon Issued
a call for a meeting of the managers of
the Heillg. the Marquain. the Kmpire.
the Star, tho Grand, the Lyric and Pan
tages theaters, which will be held this
morning at 11 o'clock, in Mr. Baker's of
fice, at which arrangements for the mou
nter performance will be completed and
the full programme made out. It Is an
nounced that there will be numbers on
the benefit bill composed of me talent
now playing at each and every one of
he local theaters, and in addition a num
l.er of musical numbers will be rendered
lv the greatly augmented orchestra
which will appear in the entertainment.
The orchestra wilj be one of the largest
ever assembled in Portland and is the
donation of the local Musicians' I'nion.
which Is also supplying free of charge
a band of t pieces, the largest band of
1,-cal artists ever brought together. The
bund will parade the downtown streets
before the opining of the matinee.
The -Dollar Club" part of the show-
will he a ease of first come first served,
as this Is tl-.e price of admission for all
purts of the theater, and all those who
have net contributed to the Festival fund
will have a chance to show their public
spirit at this time
Ked Cross shoes at Kucnlhai'S.
Ss ' ' - ' x - V
S V. .'.cJ m
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x - tyssfa fit
: ,XV , x. r t r !
DAUGHTER OF RAILROAD
MAGNATE THE BRIDE OF ROBERT
LIVINGSTON GERRY
Mifis Cornelia Harrimun, dauRhter of E. H. Harriman. became tho bride
of Krbert Livingston Gerry in New York Olty recently. Mrs. Gerry haa re
ceived many telegrams of congratulation because she married an American.
REED LIE TD PDRTLANO
MAW IXDISTI51ES pEVKIOPIXG
AT AVINC1IESTEK BAY.
V. P. Reed Tells of Attractions for
Steamer Service Offered by
Town oi Gardner.
'All we need to make Winchester Bay
one of the important seaports of the Ore
gon coast is a regular line of steamers
connecting the port with Portland and
the completion of the railroad to Coos
Bay," said W. P. Reed yesterday after
noon at the Oregon Hotel. "The town
of Gardner now has about 800 population,
which is Increased considerably during
the canning season. Our industries em
brace the Umpqua Packing Company, of
which I am vice-president and manager:
the Gardner Tannery Company, and the
Gardner creamery, we have also two
good general stores and a sawmill oi
larsre capacity. The packing plant nas
just been rebuilt and will turn out its
first pack this season. The company em
ploys 30 boats and 60 fishermen, who
make their catch from the Umpqua
River, good fishing extending up about
30 miles. Our product Is distributed irom
Astoria. -
"We now have five or six schooners
and one steam schooner running to Win
chester Bay, connecting north with As
toria and south with San Francisco and
San Pedro, t he uaraner luiiiiht v.um-
pany maintains yards at San Francisco,
and on account of the regular service,
with that port most of the .trading Is
done there. Probably one-third of the
coods brought .to Gardner comes from
Portland, however, and the business done-
here would be materially increased if we
had a regular service, either by water
or rail.
"As to the Southern Pacific line from
Drain to Coos Bay. which will touch at
our town, there seems to be ground for
the belief that work will be resumed be
fore a great while on the line. There are
between 2000 and 3000 barrels of cement
plied up at Gardner, and other material
for construction work, which would indi
cate that the company has not aban
doned the intention of going ahead with
the work.
"At the entrance to our harbor we have
at low ttdo 1! feet of water on the bar,
which could be made deeper without a
great expenditure of money. But. with
the present stage there is an excellent
opportunity for an enterprising steam
ship man to establish a regular steamer
line. We are waiting for something of
the kind to bring us Into closer touch
with Portland.
"Beside the Interests to which I have
referred, we are rapidly building up a
large dairy business. Our creamery is
Increasing its capacity, and as we have
a fine grazing country back of us, there
is no reason why our section should not
equal any in the state for dairy products,
in lumber there are estimated to be be
tween 5.W.O00.on0 and 30.000.000.000 feet of
timber in the watershed, most of which
was taken up before the timber reserve
was created. Our mill is but the start of
what eventually will be one of the impor
tant lumber ports of the state." .
Mr. Reed is on one of his regular busi
ness trips to Portland, and w:ili remain
here several days. He is a pioneer of
Gardner, having lived there for 17 years.
NO THREATS OF DEFIANCE
Pacific Di-lris Company Is Heady to
' Complete Sixth-Street Kill.
POUTLANO, Or., March 10. (To the
Kditor.) Will you kindly correct the
statement appearing: In yesterday's
Orepronian that this company lias re
fused to proceed with the fill on East
Sixth street? No ofnVrr of this com
pany, .nor anyone uuihorlzed""to speak
for it. lias made ajiy statement to the
effect tliat we would not proceed with
the till; neither are we open!y defy
ing the City Council and Executive
Board." as your article also states.
It is true that upon the announce
ment of the owners rf the property
aim t tine on the till, that they would
V (orA-w- c v A
take the matter into the courts, if nec
essary, we signified our willingness to
have the contract rescinded, a we did
not feel called upon the make the fill
for nothing, and the JL'0.000 of unpaid
warrants, from one to three years old
which we already hold, is a sufficient
quantity of that particular kind of
security.
It is also true that we are far be
hind time on our many filling contracts,
but we believe that the $150,000 plant
which we are erecting, and which is
now.nearing completion, is a sufficient
guarantee of our intention to carry out
these contracts as rapidly as possible
In fact, if our machinery had been de
livered according to contract, most of
them would now be completed; but in
view of these delays, which were un
avoidable on our part, the Executive
Board has been most lenient in the way
of extensions, and we certainly have no
intention of rewarding them by openly,
or otherwise, defying their wishes.
We do not consider urselve a party
to this controversy, and could not at
this time proceed with the All, even if
none existed; but naturally we prefer
not to "hold the sack," if that is pos
sible; although we must, in the end.
leave this question to the city officials
to determine. GEO. W. SIMONS.
Manager, Pacific Bridge Co.
CAMPAIGN IS NOW RED-HOT
Baker County the Scene of lively
Political Battle.
"Politics is engrossing attention in
Baker County as never before.' said W.
C. Cowgill, of Baker City, last night.
"Under ordinary conditions the county is
Democratic by a large majority. One
of the hardest fights in the coming elec
tion will be for the office of Sheriff. The
incumbent of that office. Ed Rand, will
be a candidate to succeed himself, but
his probable Republican opponent can
only be conjectured now. Although sev
eral other Democrats will ask for the
nomination, the indications are that Sher
iff Rand will win out.
"Equally interesting will be the con
test for the nomination of District At
torney to succeed Leroy Lorn ax., incum
bent of the office. Foremost among his
contestants for the nomination are
Charles P. Murphy, a stalwart Irish pa
triot, and W. S. Levens. present City Au
ditor. In addition to these three others
may enter the race. Judge William
Smith continues as Circuit Judge, with
J. "B. Messick as County Judge.
"The old courthouse is being removed
and will be replaced by a three-story
stone structure, which will be equipped
with modern vaults and conveniences for
all of the county officials. The building
will be heated by steam and lighted by
electricity, power for both services being
furnished from Rock Creek."
Mr. Cowgill reports but little discussion
in Baker County on Statement No. 1.
Legislative candidates, he says, are
tardy in announcing their candidacy, and
it remains to be seen to what extent the
Statement will be subscribed to. Being
a Democratic county, Mr. Cowgill admit
ted that he did not beheve there would
be much opposition from the dominant
party.
SPECIAL GOOD BARGAINS
An examination will convince you.
Read. Lace corset covers 29c. Lawn
dressing sacques. pearl edge, 23c.
Brassaire corset waists 50c. Warner's
cable net corsets 5k. Long silk gloves
$1.29. Long kid gloves $2.38. New
tailor-made suits $12.50. Alterations
free. "White lintwi finished tailor-made
shirt waists, also richly embroidered
and India linon. worth up to $2.u0, for
?3e. White cambric skirts, deep lace
flounce and embroidered, 97c. McAllen
& McDonnell.
Plan Cross-Country Kun.
The Young Men s Christian Association
is preparing to hold an .open cross-country
run on March 2$. in which event all
the interscholastic or athletic teams of
the city have been invited to participate.
The course will be laid through Macleay
Park and will be ideal for an event of
the kind. Suitable prizes will be offered
and an announcement of the rules gov
erning the contest will be made in the
near future by Professor A. M. Gridley,
ef the Y. M. C. A., under whose auspices
the meet will be conducted.
31uiriclpality, Legal Adviser Also
Asserts That Measure Cannot Be
Laid Before Voters Kellaher
Scoffs at the Ruling.
-City Attorney Kavanaugh yesterday
gave to City Auditor Barbur a detailed
opinion on the question whether the recently-enacted
vehicle-tax . ordinance.
which was passed over the veto of Mayor
Lane, hs now in force. Mr. Kavanaugh
holds that it went into effect and has been
in effect since February 24, the date the
measure was passed over the veto In the
Council. He also holds that the referen
dum cannot be applied In this or any
similar case, as he rules that the charter
provides otherwise.
Notwithstanding the ruling. Councilman
Kellaher, who la opposed to the ordinance
and who fought it from committee-room
to final passage, declares that the referen
dum will be invoked; that he will pay no
attention whatever to Mr. Kavanaugh'
opinion.
"according to Mr. Kavanaugh's opinion,
the referendum does not hold in the city,"
said Councilman Kellaher, "but Circuit
Judge Clcland has just decided to the
contrary. Therefore, regardless of the
opinion of Mr. Kavanaugh, wo will pro
ceed with the circulation of our petition
for presentation of this vehicle-tax ordi
nance to be put up to tho voters. We will
pay no attention to the opinion."
Mr. Kavanaugh, in the concluding para
graphs of his written opinion, makes
clear his ruling in the following language:
The provision allowing 90 days after the ad
journment of the Legislature within which to
file a referendum petition wa evidently pre
dicated upon section 28 of article IV of the
Constitution of Oregon, which provUea that
"No act shah take efrect until 90 days from
the end of the session at which the eame
shall have been passed, except In case of
emergency; which emergency shall be declared
In the preamble of body of the act." Under
the amendment and the constitutional provision
just quoted no act can take effect until 90
days after the adjournment of the Legisla
ture, except the claea of emergency acts
enumerated in the amendment. Therefore no
law on which a referendum can be demanded
can take effect during the time in which a
referendum petition can be filed, but this first
suspension arises from the provisions of sec
tion 28, article IV rather than from the pro
visions of the amendment, because the law
could not take effect for 90 days after the
adjournment of the Legislature, even If a ref
erendum petition were not filed. The refer
endum petition, however, will suspend the
operation of the statute until the next gen
eral election. But In such case a referendum
petition is Interposed before the law takes
effect. The filing of a referendum petition
after a state law becomes operative would have
no legal effect. The same rule applies to mu
nicipal ordinances. What Is the purpose of the
referendum? It Is to determine, by vote of the
electors, whether a measure that is not in
effect shall become a law. An existing law,
state or municipal, cannot be displaced by the
referendum. It can only be abnegated by re
peal. A repeal of this ordinance might be
secured by initiative petition, or the Council
may repeal it by ordinance. If an existing
ordinance could be suspended pending the
filing St a referendum petition, or from the
filing of such petition until the next city
election, such suspension would; result In great
inconvenience. This ordinance by its terms
provides a new schedule of licenses, and re
peals the former1 ordinance. The former or
dinance is repealed and this ordinance is in
effect. If the operation of this ordinance be
suspended, then no license could be collected
until after the next city election. If such
power of suspension exists, It might be exer
cised at any time prior to 60 days before the
next election. Other ordinances might be sus
pended. The ordinance assessing the cost of a
public Improvement could be held In abeyance.
A referendum might be demanded upon appro
priation ordinances after they had passed the
Council and had been approved by the Mayor.
This would lead to great confusion, and: such
a situation was certainly not contemplated
by the framers of the constitutional amend
ment. It was never intended that a law or
ordinance, once in force, could be defeated by
the referendum. That there is no provision in
our law for the suspension of an ordinance
Is one of the defects of our present system.
Others will no doubt develop in the course of
time. It can be remedied by an appropriate
nrovision in the ordinance Itself, by a char
ter amendment adopted by the electors, or by
another constitutional amendment, 'rae legis
lature is powerless to afford relief under the
present constitution. It is unfortunate that
this defect was not discovered and provided
for. but In the present situation the law
must be applied as It exists.
Tou are therefore advised that in my
opinion you should treat Ordinance No. 1T.414
as in force from and after its passage, and
that it will continue in force until repealed
by the Council or the electors.
GENTLEMEN AND SCHOLARS
Members ot United Irish League Are
Proud of Their Society.
PORTLAND, Or., March 1. (To the
Editor ) We, the undersigned, mem-
hr. n'f the United Irish League, at
tended an Emmett celebration March
2 last, which was announced in every
n.wn'aner in this city for a week
previous to that date, to" be held un
der the auspices of "The United Irish
shinties ." and the event afterward re
ported in the press as being held under
those auspices. a no tcicunnun " "j
in every way creditable and the under
signed are neither ashamed of the
name under which it was announced in
the press nor of the name of Robert
Bmmett, nor ashamed to affllisjfe with
any other organization In honoring
Ireland, her heroes and martyrs, no
matter what others may think.
Based upon Irish-American newspa
per reports, there will be an Irish con
vention held in Denver, if not next
month, in the near future: and we see
nothing wrong with The Oregonian
story, published Monday last, as the
date la immaterial the fact remains.
The members of the -United Irlh
League are scholars, and as such, we
only address the learned world. The
undersigned are not responsible for
the story going the rounds that a certain
patriot was seen coming out of the
Chamber of Commerce at 4:13 P. M.
yesterday with bis right hand stuck
deep down in his pocket and muttering
exultingly: Illustrissimus Pullfeath
erus. dum roea vox maneat, non perlat
libertas. t ell with Bruin." The under
signed believe this Is false.
Moreover, we repeat, the members of
the United Irish League are scholars
and gentlemen, as well as gentlemen
and scholar. They do not ask patriots
to sign blank papers for the press and
to fill them in after, to the chagrin of
the signers. They do, not believe
"SfeasJ.JUU die Luij - Sind son&t
S i r WILL BUY a 11 f WILL BUY (t -J f fjP WILL BUY
( ilk 42x43-inch top l I S heavy 6" I X S 6"?oot X"
JOXtmJxJ 6-foot Exten- iD 1 X I J inch leg Es- JlL)UJ tension Ta-
,rw sion. Table. tension Ta- ble in round
made of thoroughly seasoned ble. Top is 44x44 inch and ex- top- and pedestal base; golden
hard wood; golden finish. Reg- tends to 6 feet. Regular value, or weathered finish. Regular
ular value $11.00. $17.50. . value $21.00. - :
$23.00 S $15.50 $24.00 H
tal Extension Table, 6 feet long tal Table quarter - sawed oak; finished
and round top; finished golden with select qnarter-sawed oak golden or weathered; round pil-
or weathered. Regular value top and claw feet. Regular val- lar pedestal base. Regular val-
$35.00. ue ,6.50. ue $42.50.
JjIIIfvJ leS Exten- JJtftUU sawed oak ttUUtJv Extension
r sion Table, Extension Table, in
with quarter-sawed golden oak Table; finished weathered or quarter-sawed golden oak; has
top and legs. Regular value golden; heavy claw feet; pedes- 60-inch top and plain pedestal
$29.00. tal base. Regular value $55.00. base. Regular value $125.00.
$2250 tosPquind $3450 exss $6750 topfcSt
r square Table, with Ext ension
pedestal 6-foot Extension Table; 48-in. top and 8-foot extension; Table, with heavy pedestal base;
made of select quartered oak has heavily carved claw feet; made of select quartered oak;
and finished golden or weath- golden or weathered oak. Reg- finished early English or golden,
ered.' Regular value $41.50. ular value $56.50. . Regular value $115.00.
wackre bruder. Aber das denkt, wie
ein setfensieder." They have not such
a low opinion of good and true Irish
men. Will the holier-than-thou pub
licists, the gum-shoe patriot and ham-burg-steak
warriors dare to deny this?
That's all.
J. HENNESSY MURPHY,
DENNIS O'CONNOR.
LEWIS A. WEST, JR.,
J. J. M CARTHY,
T. HUES.
SPEECH BY FATHER 0'HARA
"Stephen Lang-ton and His Times"
Discussed by Priest.
Rev. Edwin N. O'Hara, of St. Mary's
Cathedral, gave an address before the
Sellwood Library Association last night
on "Stephen Lang ton and His Times."
Father O'Hara said. In part: .
Stephen Langton's name Is associated
In the popular mind chiefly with the great
triumph of English liberties at Runny
mede tha wresting of the great charter
from King John. Langton rose to Ihe po
sition of ArchbUhop of Canterbury by rea
son of his great abilities as a statesman
and scholar. That historic see had been
the home of' a long list of distinguished
archbishops, beginning with Augustine and
Including Saint Anselm and Saint Thomas
ifrfien you tet dovrn to oni temdoy
cUnnek it vhSC to&U Sitter to yHi
ftimddr and oiAeS tfi you-toPwe U
on a dJ&M new ta&fo.
itoyfifa.fu'ftiMH i.f5 to 67.5
12 Extension Table Specials
&ad the de6&iftUnA oj tfaete ta
eome into ouh stole' and you
$& teAz to Suy one. W4 h ave too many
dlninf-hoom taSleb and to
td&m that's aCC.
FIRST AND TAYLOR
a Becket. Langton was an Englishman by
birth, educated at the University of Paris.
It was " in time of great men and great '
deeds. The foundations of modern classic
literature were being laid; universities were
springing up all over Europe. Pope Innocent
III had Just established the first city hos
pital, the age of cathedral building had
begun.
Langton was destined to lay the founda
tion of English liberties. Innocent III had
him elected to the archbishopric of Canter
bury and compelled the unwilling English
King. John Lockland. to receive him. .The
English nation rallied under the leader
ship of Langton against the despotism of
John. The Magna Charta. which the King
was forced to sign, is memorable, not so
much for anything original in its contents
as for the method in which it wa drawn
up. It was a contract between the poople
and the King a definite recognition of
the rights of the nation in affairs of gov
ernment. Father O'Hara concluded with a plea
for the study of the 13th century In a
sympathetic spirit. He quoted the
Anglican Bishop Stubbs as saying that
the century of Stephen Langton had
originated more Important ideas than
any other century in human history.
Tackles Bnrglarf; Is Killed.
VICTORIA. March 10. Charles Fried
man, well known in sporting circles in
this city, was shot and killed by a burglar
about midnight. Friedman had Just re
turned with his wife from the theater and
TRADt.JUS .
on going to tha pantry found the burglar
there. In the scuffle that followed the
burglar shot Friedman dead.
TESTS FOR AUfO DRIVERS
Forty Professional Chauffeurs Have
Applied for Examination.
Practically every professional chauf
feur in the city has made application
for examination as to fitness to operate
automobiles, as required under a new ,
ordinance. Deputy 'Auditor Hutchin
son, who has charge of the matter, has
registered 40 names. There Is nb means
of ascertaining how many more chauf
feurs there are In the city, as they
have never been licensed heretofore.
R. D. Inman, chairman of the ex
amining board, recently named by
Mayor Lane, said yesterday that the
examinations for chauffeurs will be
held as soon as the badges are received.
All licensed drivers must wear a badne. ;
according to the provisions of the
ordinance. To defray the expenses of
examination a fee of J3 is to be
charged, and a yearly license fee of Jl
will be exacted for renewals. Every
owner of an automobile must be reg
istered, but only those who operate
machines for hire are required to pass
an examination.