Morning Oregonian. (Portland, Or.) 1861-1937, April 30, 1909, Image 13

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Morning Oregonian., April 30, 1909, Page 13, Image 13

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Newspaper Page TextTHE arOIESTNG OREGOXIAN, FRIDAY, APRIL 30, -1909. J.3 ARTISTS "WHO "WILL "APPEAR TONIGHT -AT OPENING CONCERT OF SPRING MUSICAL FESTIVAL GUT NOT GENERAL This Reinforced Concrete Warehouse for Lease Just the Thing for Any Wholesale Business IX Portland Mills Will- Take No Concerted Action. New Charter Amendment Full of Technicalities That ' Are Fatal. EACH TO SOLVE PROBLEM GOTHENBURG PUN PROBAB DOOMED ' I . - ; . "1 - ill f , , - - i 4 i HAS NO ENACTING CLAUSE Fatal IJefccts Are Discovered In the Celebrated Petition at the Last Moment Its Future Is, There fore, Entirely Problematical. : That the Gothentxrtr charter amend ment would not be effective even If ap proved by the vote of the people la the upimon or numerous lawyers of Port land. The amendment "contains no en acting clause. Without attempting: to Investigate very deeply Into the subject. City At torney Kavanaugh yesterday expressed the off-hand opinion that the omission Is a fatal defect, and that It is a mat ter of little moment -whether Auditor Earbur files or rejects the petition. Tho constitution requires that Initia tive laws submitted to the voters of the state shall be preceded by an en acting clause, and the next section of the constitution Is construed to extend the same requirement upon Initiative ordinances adopted by municipalities. Cannot Enforce Ordinance. In spite of his belief that the pro posed amendment Is fatally defective. It Is probable that the City Attorney will not advise City Auditor Barbur to leave the title of the .ct off the ballot. The question of proper procedure for the Auditor In the matter has been sub mitted to several attorneys, and while they agree that the ordinance can never be put Into effect. It Is their opinion that the only duty Imposed upon the Auditor is the checking np of the ini tiative petition, and that he is not the judge as to whether an act thereby sub mitted Is defective or capable of en forcement. E S. J. McAJIfntAf ttlwtu v. - -....UUlu. n .oLittij UlTOM II U L HOW- 1 ' ""'"' un i.Ain. m3 unjDosea amena- i ment would be Invalid if adonted. I xesteraay ne said that the omission of the enactina- rlnnao . V . : . . . " " I oversight, but was intentional, and was decided upon after more than a day of consideration. "It la a question that has never been tested anywhere, and I took tho course that seemed to me the most logical. At the time the matter was under con- I sideratlon, I consulted with several prominent attorneys, who agreed with me that the enacting clause was not re- quired, but I understand they now hold the opposite opinion- Charter Is Supreme. "In this state the charter of a city t v. . , - . . . . -- 1 " "rjfaiiio law 01 mat municipality. It stands in the same light to the resl- dents of the city as does the const it 11- lion to the people of the state. In amending the state constitution, an en acting clause is not usedt but the dec laration is made preceding the amend ment that such and such a section Is -nereby amended to read as follows.' After careful consideration, that was the form of Introductory I adopted for the Gothenburg amendment. Fur thermore, in reserving the right of the initiative to the voters of a municipal lty, the constitution provides that the manner of Invoking it Bhall be pre scribed by city ordinance. This the City of Portland has done In the Mc Nary ordinance, and theie Is no re quirement therein that proposed con stitutional amendments shall contain an enacting clause.' Mr. McAllister is very positive In his opinion that it is the duty of the City Audltor to submit the amendment in I the June election if the petition is found to have a sufficient number of qualified signers. He said further: Only One Thing to Do. "Even if it were conceded that the yrupuaoa amendment wouia be invalid .1. ouwiou, auuuor nas no otner 1 uuiao w iuxeuv wkM.11 to me tne peti- iion ana piace tne amendment title on tne ballot,' continued Mr. McAllister, "ir the amendment Is adoDted. it will open the . way for a test of Its validity. Lie courts would not de-. cide that point now. If taken into court on injunction proceedings prior to election, it would raise a moot Ques tion, for there Is no assurance that the voters will adopt the law. The courts will not decide upon the constitutional' lty of a law before It has been adopted. The checking of the names on the I Excise Board petition In the Auditor's office yesterday brought somewhat more favorable results for the netltlon. but. did not produce enough gains to change the status. It is now indicated that the petition will fall short by about 7UU names, conceding that regis '.."''I ir - 2000 registered names was the outside n;; cr " .7r: estimate for the total on the petition. Some of the pages that were muti- jatea oy Maurice Kelnsteln and Sam Breslauer, It is charged, were checked over yesterday, and the futility of the mutilation was more clearly revealed, bonw of the hardest work nut in bv the mutilators was on sheets on which not one of the signers can be found to have registered. The checking was not yet completed when the force of clerks and watchers quit work last evening. They will con tinue today. OBSERVE "CHAMPOEG DAY" Picnic Excursion Will Be Feature oi Celebration at Historic Spot, The 66th anniversary of the beginning of civu government in American territory wetrt of the Rocky Mountains will be celebrated tomorrow In Chainpoeg, 32 miles south of this city. A picnic ex cursion, speeches, musio and a reunion among old acquaintances will be features of this occasion. To reach Champoeg tnose taxing part In the celebration should take the boat at the foot of Taylor street, at 6:45 A. M or electric cars, at tront ana jerrerson streets, at 8 A. M.. which will connect with the southbound boat at Wilsonville about 11 A. M. Salem people should take the northbound eleo trir. car at 8 A. M. This will connect at Wilsonville with the boat. Hon. F. X. Matthleu, the honored pioneer of 1S42, and the only survivor of. tho 102 persons who were present at the meeting of. May .2, 1943, now in his !2d year, will be present at the celebration if his physical con dition will permit. See Gregory for his special free-rent offer to lot buyers in Gregory Heights. 418 Corbett Bids. Don't phone. See ad. ; Saturday. BIDS ARE OPENED Contract on Tillamook Line May Be Let Today. LUST I S ABOUT $2,000,000 I n lity-three Miles Remain to Be Con- etructed and Work Must Be Com pleted hy June 1, 1910." Award Between Two. Bids were onenefl wutn-iisn Pacific Railway & Navigation Company for too construction of the remainder of its road as yet u reconstructed between i ' milBDGrO HTin I 1 1 1 m no li- TKa AMnn-.t I ...ww... . uw vuiiijjauy 1VBTB HfUrinC rrtA hllio vaua I "" - x-reesmenc Livtia naa nnt i At. i mined last nltrht which tender In th. n.t 1 advantageous. It: is likely the decision will be mnrt- o,. .v.. -"rin awarded. 1 cuuuaoi Six bidi work. The bids n.A A .. i ft .i j . two, upon careful examination, and the I big contract lies between these two.. The 1 successful one will orobablv be iletor. m,nel some time today. 14 Ane, contract to be let calls for the completion of the 63 miles of the Tllla- moolt ne remaining to be built by June SnSy- Construction is difficult and ex- i"'vb ana xne contract will mean the expenditure of approximately tZ.m.m by mrrlman Interests, who are financing the I ruaa- I wnnMvr B-Atn thA iii w- i t '11 . "C'J , "fj " nC.9n jading operations X " " project inrougn tne a ifujsf. low weeKS 1 nave oeen, spent by bidders in srettinz constrocuon macninery and materials in order so that no time will be lost when the -contract- hi awarded.- All blddora.-nn the Job are responsible contractors and may be depended upon to carry out the wore witmn tne time limit soeclfied. Those submitting bids for the work are Wren &. Grenough, builders of the United - Kauways; Porter Brothers, who con structed a part of the North Bank road: McCabe Brothers .and Robert Wakefield. who are now carrying out contracts on the new Tillamook line, and Erlckson & Peterson, who have built various lines for the Haniman interests In this ter ritory. Named North Bank Superintendent. J. P. Rogers has been annotated' sni- pertntondent of the Spokane, Portland & I Seattle Railway lines east of North Port land. The appointment becomes effect ive May 1 and Is made by General Su perintendent Russell and approved by Francis a. Clarke, president. Superin tendent Rogers' hearlnrm rfAfa will ha Vancouver, Wash., and he will report airectiv to lip.nprnl flnnor niAniiont tj,, eell,' head of the operating department. GREAT FESTIVAL IS READY FIVE SPLENDID CONCERTS TO BE GIVEX. TTiima.A c.....i - 1 - I """"J ana Famous Soloists Assisted by Local Chorus of 300. roruano a srreatest miuii event. a"""ua"1 musical festival, will 1 mio a vein 11k; at tne Armnrv Tnnth IJnt" (Baife). acco I for and widely-heralded event will .nn- tlnue tomorrow (Saturday) afternoon I and night, likewise Sunday afternoon ana night five concerts in alL This magnificent festival will be given by th Chicago Symphony Orchestra of 80 musicians under the direction of the tamous conductor. Adolph Rosenbecker. 1 ana the Portland Festival Chorus of 300 voices, directed by W.-H. Boyer. j our ceieDratea vocal soloists are coming with this big orchestra: Alda Hemmi, ' soprano, whose friends in this -city are legion: Harriet Frahm. con tralto; David B. Dugsran. tenor. a.ru1 .b-ranic Arthur Preisch. basso. The or chestra will include ten Instrumental soloists, the most prominent of whom are Franz Wagner, solo 'cellist and Guy wooaara, soio violinist and concert j master. Added to the above array of artists A Dainty Delicacy Crisp, Golden-Brown Bita Made from selected white corn. "The Taste Lingers Made by Postum Cereal Co., Ltd. Battle Creek, Mich. Post will be tho world-famous pianiste. Myr tle Elvyn, of whom Portland music lovers know much but have never until now been able to hear. The combined chorus and orchestra will be heard at each concert. Tonight Wagner's sub lime and stately chorus from "Tann haeuser," 'Hail, Bright Abode," will be given. The following artists will be heard' in Bolo numbers this evening: Miss Hemml, Miss Elvyn and Mr. Wood ard. Seats will be on sale today up until 6:80 o'clock at Eilers Piano-House: af ter this time .(6:30 P. M.) tickets may be had at the Armory, where they Phones Main 489 and A 4893. Buy seats Following are the programmes for all the concerts: Friday niirtit, April SO Chicago Bytn- tiuctor. soioiats. xida. Hemmi, soprano; Myrtle Elvyn. pianist: Guy vvoodard, vio linist. 1 Overture to Tannhaeuaer by request) . . '. Wasner a Symphony No. 5 in C Minor. .Beethoven 3 Aria from Ier Frelschuetz Weber Miss Hemml. PART II. 4 Concerto in A minor for piano and orchestra Qrieg Miss Elvyn. -(a) Barcarolle . Offenbach b) Preludes Rachmaninoff (c) "Witches Dance MacDowell Orchestrated by Mr. Kosenoecicer. Conoerto for violin and orchestra. Dalcross ' " . v.. lTr romh nii nrn nnrt orcneitra. Saturday Matlne. May 1 Chicago 8jrm- 5 .y m, pn TT T ductor. Chorus, W illlam H. Boyer. conduc- tor. Soloists. Han-let mralrm. contralto. David B. Duggan, tenor; Franz Wagner, i v j . til Lura l , aumuiumor nixui b xwimu 2 jr.oY ' ir'ldrei 11"'!"". .7..?Brach 5Ml warei..... B Dana Macabre Salnt-Saens Aria from PaftHaccl Leoncavallo rt Hungarian Dadoes Brahma 6 - lTla froNadescha . ."..Y.YS Miss rrahm. 1 T'et Dream of the virgin. .Massenet ; "! S a - SUSTrroTk CeclVlaMass.cloutSS Combined Chorus and Orchestra. Saturday Niftht. May 1 Portland cnorus. wiiiiam H. Kover. conaucior. unicaRO eym- hmv Orchestra. A Kosenbecker. con- ductor. Soloists, Alda Hemmi. soprano; Harriet Frahm. contralto; David . B. uuEean. tenor tTann a. rrewcu, Da. The Golden legend... ...Sullivan Combined Chorus ana Orchestra. Sunday Matinee. May 2 Portland Chortle, William H. Boyer. conductor. Chicago Sym phony -Orchestra,- A.- Rosenbecker. conductor. riOlolaTB, Aiaa xaemmi. suiimiiu i n.nioi Frahm. contralto; David B. Duggan, tenor; Frank: A. Preisch, bass. 1 Vorspiel, from Die Meisterslnger. Wagner 2 Aria. Evening Star, from Tannhaeuaer w agner Mr. Preisch. 8 Torrbllder, from Die Walkuere. . ."Wagner Dlch Theure Halle wagner Miss Hemml, -PART n. . Holy Cty Gaul Combined, cnorus ana orcnesira -witn. i-ipo organ. Sunday -Nlsrht. May 2.- Italian -Kfght Portland Chorus, William H. Boyer, con ductor. Chicago Symphony Orchestra, A. Rosenbecker, conductor. Soloists, Alda Hemml, soprano ; Harriet Brahm, contralto; David B. Duggan, tenor; Frank A. Preisch, bass. 1 Overture to Merry "Wives of Windsor Nicola! 2 Prologue to Pagliaccl Leoncavallo 8 .Ballet Music Irom maoonaa. . .roncnwin Alia Celeste Alda verai Mr. Tu?zan. B Hymn and March from Alda Verdi rAKT 11. Stabat Mater Rossini Combined Chorus and Orchestra. Seamen's Friend. Concert. The regular Friday night concert will be given tonight at the Seamen's Friend Society, comer Third and Flanders streets. The programme will be in charge of Professor W. J. Peck and his i pupils, and1 follows: ' Octet, "Song of tho Larkr' (Mendels sohn), sopranos, Mrs. Vannoy Griffith Kllton, Clara K. Chesser; altos, Lottie Armstrong. Alice Holmes; tenors, C. M. Tiffanv Otto Ciu.1 rii'h- txiAAna OrtmrorA t- -wnmr, a tj r.in- -ko-.., .nu " '-";. " -Geor D. Kllton; tenor solo, "Open the Gates' (Mrs. Knapp), Otto Gestrichi soprano solo, "Carlsslma," from "Red Feather," E. Vevnnoy Kllton; tenor solo, "Tho Birthday of Love" (Brown), C. M. Tif fany; soprano solo, "Carmena" (Wilson), Clara K. Chesser; baritone solo. "I Fear I -vr- la-t -ti.j A T "T 1 . . ... . Cocoa Fa c t No. 9 The following is the first known cocoa advertise . ment; it appeared on tho 16th of Junej 16S7, in the London Public Advertiser t "In Bishops-Gate Street in Queen! Head Alley, at a Frenchman's house, is an excellent West India drink called chocolate, to be sold; also unmade at reasonable rates." I ' - ; N h- it 1 - - ' - li I !- - '' . 1 ' C i ? x k 1 aftlll iry, y.-p- L . . A, KgT-i u m..mjb HL.wf papists. Misses Mildred Robbs and Cath erine Bdtzger. Professor W. J. Peck dSreotor. Sailors will also sing and set the topsail with chanties, led by Mr. .Etungea, or tne .British ship Glenalvon, Ail mends are cordially Invited. BOND INTEREST NOT PAID S. G. Reed Goes to Omaha to In vestigate Securities. Portland holders of bonds of the Omaha Home Telephone Company are wondering why the regular semiannual interest pay ment, due April 15, has not been paid. S. G. Reed, president of the German-Ameri can Bank, has gone to Omaha to irfTulre into the delay in the payments. The bank is somewhat interested, as are also manv of its 'Customers, the bonds of the Omahp company being held toy many in this city. The provisions of the trustee's deed, regulating the interest payments on the securities, are not known locally ami thia is tho. chief reason for Mr. Reed's visit East. It Is known that an interest pay ment may be delayed either three or six months on the Omaha bonds without prejudice to the securities if the corpora tion so decides. It is understood also that the Omaha company Is carrying out a plan of re construction and it is thought here this may have something to do with the de layed interest payment. LADIES' SUIT SALE. We are selling the suits. The stock must be sold in order to make room for the elevator. Do not fail to look at the line of ladles' and children's wash suits and note the prices, as the stock must be closed out regardless of cost. MoAIlen & McDonnell. LATEST SHEET MUSIC - 6, 10 and 15 Cents. Popular, classical and folios. The EL' P. Charlton & Co., 288-290 Washington St. Pumps that fit at Rosenthal's. " ASK YOUR A.' Santaella & Co., Makers, Tampa The Hart Cigar Co., Distributors We eat and drink many things we like which are not good for us. is one thing we like and is as nourishing and good as it is t fragrant and delicious. Don't ask merely for cocoa ask for GkirardellPs Local Lumbermen Decide to Do in most to Hold TTp Market in Spite of - Decision Reached Seattle Conference. at Unless the depression in the lumber market of the Pacific Northwest becomes more acute, Portland lumber . manufac turers will not take any concerted action to curtail the output of their mills. Owing to the tariff agitation, the lumber market throughout the country is badly depressed but Tnillmen are inclined to meet the situation on a business basis and will regulate tho output of their respective plants In accordance with thetr orders. In this way, manufacturers expect to prevent the market from becoming further demoralised until tho tariff ques tion has been adjusted and normal trade conditions can be revlved. At a conference of lumber manufactur ers from the three Pacific Coast states at Seattle "Wednesday, the situation was re viewed. It was generally agreed at this meeting that it would be advisable for all mlllmen as a protective measure to reduce the output of their mills 25 per cent. This plan, however, has not met with the approval of local lumbermen who propose to act Individually and to treat the condition as a business proposi- tlon. They accordingly will govern the output of their mills to meet the demands and avoid a further stagnation In the trade As a result of the demoralized lumber market, only two mills In this city are being operated day and night. They are those of the Inman-Poulsen Lumber Company and the Kastern & Western Lumber Company. The management of the latter is arranging to lay off Its night crew in a few days. Within the last three weeks the Portland Lumber Comr pany and the Peninsula Lumber Com pany have reduced their forces and are now running only day shifts. "It was the consensus of opinion among the mlllmen at Seattle that all manufac turers should curtail their output about 25 per cent," said Donald Mackey, man ager of the North Pacific Lumber Com pany, who, with P. C. Knapp, of the Pe ninsula Lumber Company, and E. B, Hazen, of the- Bridal Veil Lumber Com pany, attended the conference. "How ever, Portland lumbermen will not take any concerted action for- the present. Each mill will tackle the situation Inde pendently to prevent any further depres sion In the market by reason of over production. There 1b a good demand lo cally, brut not to exceed 10 per cent of the output of the mills Is required for this trade. It Is the outside shipments that have fallen off." "Portland lumbermen will regulate the output of their respective mlHsln accord ance with their orders,"', said W. B. Aj-er, president of the Eastern & West ern Lumber Company, last night. "For the present, at least, it is believed this will be a far more satisfactory .way of handling the problem than, to undertake any concerted action and propose a unl form -curtailment in the cut of all mills. The market Is badly depressed. This condition is due entirely to the agitation of the. tariff." Grand Avenue Track Completed. The Portland Railway, Light & Power Company has completed one track of heavy steel rails on Grand avenue, be tween tiaimont and East Clay streets,, and yesterday started on the second track. Iron used is 82-pound steel-grooved rails. tn less than two weeks the doubletrack will be completed and out of the way . of the contractors, who will lay Hassarn pavement. The Indications now are that the Grand-avenue improvement will be completed in time for the Rose Festival paraaa. See Gregory for his special free-rent oner to lot buyers in Gregory Heights. 418 Corbett Bldg. Don't phone. See ad. saturaay. , New York's latest novelties in fine iuiii vv (in i at nosenmai a. DEALER FOR '-- J- ' r" tl -rTi. j j " 'Jill ' , J-S---''-- The w. g. Mcpherson Co. 328 GUSAN ST. TELEPHONES Main 852, A 1852 Ch. oice of ; East ' you select a northern route, be sure to In clude the Pioneer Limited from Minneapolis and St. Paul to Chicago, in your itinerary. The Overland limited, Omaha to Chicago, of- . ' . f era excellent service direct to Union Passenger Station, in tho -heart of Chicago, via the Chicago Milwaukee & St. Paul Railway if you go ISast via Donv3r, namo The Colo rado Special of thia company, leaving Union Sta tion, Denver, every afternoon, and arriving at Union Station, Chicago, the next evening. The Southwest limited, from Kansas City to ' Chicago, is the most popular train between these cities and should be wall considered in making np an Eastern itinerary. Descriptivo folders free. H. S. ROWE General Agent , 134 Third Street, Portland, Or. New Route to tiie r-' Commencing May 2 the Canadian Pacific will inaugorata THROUGH FAST, service between Portland and St. Paul. A solid train will be run over the tracks of the O. R. & N. to Spokane, thence S. & I. R.y., 0. P. R. and Soo Line. A NEW TRAIN DE LUXE Wide vestibule d electric-lighted trains, consisting of first class coaches, standard sleepers, tourist sleepers, dining car, buff et-library-compartment-observation : cars. A MODERN PALACE ON WHEELS For rates and full particulars apply at local ticket office or address F. R. JOHNSON, General Agent, 142 Third St., Port land, Or. WWW Do You Think Uncle Sam's Whiskey , Test die Best? Here is everything that your Uncle Sam requires of whiskey before ha will place the little green stamp over the cork of the bottle: That it pass the test of theU. S. ganger as coming up to the governmental standard of purity, being straight, 100 proof, full measure and aeed, at least four veara. Hem ia the, famnno r.A,. i3i- .. J -wuuo V. . . . Not only must all the requirements of Uncle Sam be met, but there must be quality supreme, a wonder ul flavor, delicacy, smoothness, individuality. It must bo aged six to eight years. ( Only choicest selected grains and purest spring .water used. g . W. H. McBrayers ' Bottled in Bond in short, must better the test of TJncle Sam. Compare the age. It will show you the difference In the tests. Uncle Sam .requires four years, while Cedar Brook requires six to eight. It has the green stamp on every bottle, and It meets the Cedar Brook test, TOO. The world's best whiskey since 1847. At all places where good liquor is sold. W. H. McBrayer'i Cedar Brook Distillery Lawrenceburg, K.T. Routes Mil ' MI'IHP W l