THE 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