Morning Oregonian., January 22, 1913, Page 7, Image 7

THE 3I0RXIXG OREGOXIAX, WEDNESDAY, JANUARY 22, 1913.
CITY CORPORATION
UPHELD BY COURT
Judge .Eakin Decides Seaside
Consolidation Not
Illegal.
STATE WILL APPEAL CASE
Decision of Supreme Tribunal Will
Effect Legal Standing of Prac
tically Every Organized
Fort In the State.
ASTORIA. Or, Jan. 21. (Special.) A
ease via decided by Circuit Judge
Kakln today that Is of great Interest
to the people or the entire state, as
Its final adjudication by the Supreme
Court will affect quite a number of
cities as well as the legal standing
of practically every organized port In
Oregon.
Tbe suit was that the etate of Ore
iron, on information fcr E. B. Tongue,
District Attorney, against Alexander
Oilbert. Mayor, and the members of the
Council of the City of Seaside.
It was a friendly action, brought to
test the right and title of the defend
ants to hold their offices. In the mu
nicipality of Seaside and West Seaside
and of their taking In other contiguons
territory.
Legality Is ftneartlomed.
The complaint contended that the
municipal corporation is illegal aa the
consolidation was not formed under the
Initiative act and can be legally formed
only by submitting to a vote of the
people of tbe entire state. The mam
facia In the case were agreed to under
a stipulation filed with the court and
the one point at Issue is whether the
amendment to section 2 of article 11
of the state constitution adopted in
1906. and taking from the legislature
power to enact, amend or repeal muni
cipal charters, and also the power to
enact a-eneral laws which affect all
municipalities and not one In particu
lar. is valid.
The lewer court held in substance to
day that It does not. The deciston was
nurelv nro-forma and was delivered
without going deeply Into the merits of
the case in order to avoid cie.ays in
uklnr the action to the higher court.
Tlia facta as stipulated recite that
consolidation was made under the leg
islative act of 1S93. which is section
s:iO. and provides that contiguous ter
ritory may be consolidated by a ma
jortty vote of the people residing wtth
in the district affected: that the peo
pie of Seaside and West Seaside voted
on the question separately: that tho
Councils of the two municipalities met
Jointly and canvassed the vote and that
only two votes were cast against ;no
consolidation; that the report oi me
election was made to the Secretary of
State by both Recorders and that after
the vote on the consolidation nd be
fore It became effective, the people of
ho two towns voted to repeal the old
rhirtun and adonted a new one for
the consolidated town.
Defense Is Iphrld.
In presenting his argument for the
defendants Attorney Norblad contended
that tee constitutional amendment of
1906 does not repeal or invalidate the
legislative act of 1893 and does not
deprive the Legislature of the power to
pass general laws which may affect
every municipal corporation alike.
He said that If such were not the
ease It would Invalidate other state
laws, notably the one denying the right
of municipalities to license automobiles
and would also render void the Incor
poration of practically every organized
port In the state.
The court held for the defendants,
dismissed the suit and held the legis
lative act of S93 as constltutlonaL
Notice of appeal has already been
filed and the action will bo t Issue
In the higher courts within a month.
SURVEY RECORDS BURNED
lire Destroys Engineers' Office of
Power Company Xear Cazadero.
ESTACADA. Or., Jan. 21. (Special.)
Fire, presumably caused by crossed
wires during the heavy snow storm,
consumed the office of the Portland
Railway. Light & PoweT Company's
engineers at the upper dam. two miles
above Cazadero. destroying records
worth several thousands of dollars. The
building Itself wa of little vlue.
Among the records burned were the
water gauges of the Clackamas River
during the last two years, the surveys
and plats of the proposed extension of
the line aboe the present terminus and
plats of the power plant near Cazadero.
It la said there are no duplicates in ex
istence, thus makings It necessary to
resurvey the country toward the moun
tains as well as to secure additional
records of the rise and fall of the river.
The fire was discovered about 1
o'clock by John Brooks, an employe,
who lives near the office. By the time
he reached the building the Interior was
ablaze and he was unable to save any
of the contents.
tm l the third fire that the Port
land Railway, Light & Power Company
has suffered here within the last six
months.
Assistant Secretary Hall It was decided
to undertake to encourage the location
of factories on the East Side near the
raUroad centers during the present
yea.r. It was the sense of the meeting
Uat in- view of the fact that railroad
facilities are being- provided OS the East
Side that district will afford a field for
factories and other concerns. The fol
lowing committees were-appointed:
Industrial and manufacturers' com
mittee Dan Kellaher, chairman; A. M.
Haradon, H- H. Haynes, Thomas E. Len-
nard, A. L. Keenan. M. B. Mcraut, w.
H. McMonles. W. O. llunsell. Edward
New begin. T. J. Rowe, Oscar E. Heintz.
Samual Jagger, John S. Beau, cnaries
A. Blgelow, John Dannells. H. E. Judge,
S. L. Brown, John R. Wldmer, N. U.
Carpenter, H. L. Camp.
Civic and transportation committee
L. Mont LeDDer. chairman: G. E. Weltef,
Charles A. Blgelow. M. O. Collins, J.
O. Wilson, John R. Wldmer, T. J.
Kreuder, J. J. Oeder.
' Publicity and advertising committee
George Dllworth, chairman: Charles
A. Bicrelow. J. D. Sherman. D. H. Strow
bridge. E. Pautz, E. R. Gelinskey. Ben
A. Bellamy. U. N". Carpenter.. H. L.
Stevens. H. H. Fitznatrick.
Appointment of a field, secretary was
postponed for a future meeting of the
directors. It is planned to begin
membership campaign to cover the
entire East Side from Sellwood to St.
Johns. The matter of preparing a bill
to reorganize the public library man
agement was referred to the civic com.
mittee.
All these committees will work along
the lines suggested by C. C. Chapman
in his talk Monday. The Industrial com.
mittee will co-operate with other or
ganlzatlons In securing factories and
encouraging name production.
SELF-E
LATE CHARES G. COI7TAXT CIVIIi
WAR CORRESPONDENT.
MRS. ARCHBOLD IS DEAD
AVIfe of Ex-Judge of Washington
County Passes Away.
HILLS BORO, Or, Jan. 21. (Special)
jlra. prances J. Archbold. wife of ex-
Cour.ty Judge A. C Archbold. died at
the family home yesterday morning,
after an extended illness She was
the daughter of Judge Ralph Wilcox
and wife, and was born at Indepen
dence Mo., in 1S44. At the age of one
year -she crossed the plains with her
parents, and the family settled in 1S45
on a donation land claim, on a part of
which HSllsboro now stands.
he was married to Mr. Archbold
August 20. 1S65. and for 67 years made
this place her home Her husband and
the following children survive: Mrs.
Eva V. Loeb. wife of George Loeb.
. merchant of Rldgefleld. Wash.; Vir
ginia M. and John 51, of Portland, and
Hugh.' Elizabeth R. and Alston C-. Jr..
of Portland, the latter a student at
Oregon Agricultural College. Corvallls.
Her mother, Mrs. Wilcox, two sisters.
Mrs. Carrie Goode. Grants Pass, and
a brother. John, also survive.
FACTORIES ARE WANTED
East .Side Business Men's Club to
Encourage New Industries.
At meeting of the new directors
and officers of the East Side Business
Men's Club yesterday in the office of
Life-Time Newspaper Man Began
Career In New York City Publishing-
House at 14 Years.
GRANTS PASS. Or.. Jan. 21. (Spe
cial.l Charles G. Coutant. editor of the
Dally Rogue River Courier, who died
January 17 at the age of 72, was a
lifetime newspaper .man. At 7 he was
...... ......
if M 1 Jyl k'l
If. h '-frl
if v
'' -
Charles G. Countant, Grants Pass
Editor, Who Died at Are of 72.
left an orphan and for seven years
more he found employment on a farm
ami at 14 years f age he went to New
York City, where he sought employ
ment as an office boy in a publishing
bouse.
He was practically a self-educated
man. In 1859 he began his first news
paper work: that year the New York
papers selected Mr. Coutant to write
up the Golden West and to visit Old
Mexico. The breaking out of the Civil
War found him armed with a cor
respondent's commission. Shortly after
the Civil War his quick apprehension
and Insight in newspaper work pro
vided him a position, to keep track of
the Indian wars that were taking place
on the frontier in the early '70s.
. After leaving New York he settled
In Kansas where he was instrumental
in the organization of the Kansas Edi
torial Association and served that body
for a number of years as its presi
dent. Fond of exploiting the West, he
moved to Wyoming, where a record
was made as historian by writing a
history of that state and serving as
State Librarian. Before coming to
Grants Pass. In 1908, a year and one-
half was passed In Alaska. His edi
torial work on the Courier has been
an expression of what the man's past
life has made him; an active and
liberal-spirited citizen, of the highest
of dynamic pewer which ceased only
when he drew his last breath.
A widow and six children, three
sons and three daughters, survive The
married life extended over a period of
45 years. The surviving children are:
George Elmer Cou'ant. of Grants Pass;
Mrs. Oliver Messinger. of Eugene;
Charles D. Coutant, of New. York City;
Mrs. C W. Gilmore Washington. D. C;
Walter C. Coutant, Grants Pass: Mrs.
C. W. Aikens. Ketchikan. Alaska. Mr.
Coutant was a member of the Elks and
Order of Oddfellows, having been a
charter member of the later order at
Cheyenne. Wyo. Tbe funeral serv
ices were conducted under the auspices
of the L O. O. F. of this city.
TU Qnnrptnp Kftnrt in Vfllue-Givinff Keacneo in J- nis
Sale of Every $30, $35, $37.50, $4Q, $45
and $47.50 High-Class Tailored Suit at $15
THE sale starts at 9 o'clock
sharp this morn
ing! Exactly 10.8 garments
in the lot. Never can we re
call such a startling reduc
tion on garments of this ex
clusive character.
No Suits will, be laid aside.
None will be sent CO. D. or
on approval. There probably
will be five times as many
women here during the day
as we have Suits in this lot,
so YOU WILL POSITIVE- '
LY HAVE TO COME j
EARLY. V 1
Every $30 to $47.50 High- s (
Class Tailored Suit goes on mmi
sale today at
I
MOST of the Suits arrived late .
this Winter, and in both
style and material follow the tendency
for Spring 1
Rich imported fabrics! Superb
plain-tailored models! Copies and re
productions of Paris creations! The
finest tailoring and designing Fifth -Avenue's
best makers could produce!
Pebble Weaves, Two -Tone
Whipcord3, Heather Mix
tures, French Cheviots, Man
nish Blue Worsteds and Blue
Cheviots, Diagonals, Zibe- -lines,
etc. etc. -
Chic vestee effects rich embroid
ered and fancy collars Tuxedo and
Directoire revere "Frenchy" high- -waisted
coats.
. " Truly the supreme effort in value
giving reached in years !
Ever' $30, $35, $37.50, $40, $45 and
$47.50 Tailored Suit goes into this un
paralleled sale this morning at
See the Window Dis
play of. These Suits
.NEW SPRIXG MILLINERY
COATS SUITS
Entire
Second
Floor
s. DRESSES ::
WA I S T S
rrrrrv
HJii on v9uu!ii 1 Smke
124-126-128 SIXTH ST, BET. WASHINGTON AND ALDER
J
mi
NEW SPRING MILLINERY
ALL BUT 3 FOR LANE
Bean
and Calkins and Meek
Vote in Minority.
BALLOTING IS EXPLAINED
Senator Hoskins Believes Wishes of
People Should Be Accorded Re
spect Senator Miller Xoml-
nates Lane In Senate.
(Continued From First Page.)
GUY N. HUBBARD PASSES
Eastern Oregon-inn, In Forest Serv
ice, Dies Under Operation.
PRAIRIE CITY. Or.. Jan. 21. (Spe
cial.) Guy N. Hubbard, long an effi
cient mamber of tbe United States
forestry service In Eastern Oregon,
di.d at his home In this place follow
ing a critical operation to determine
tbe cause of a serious illness that had
confined blm to his home for several
weeks past. He d:d not rally from
the operation.
Mr. Hubbard was In the prime of
life. . He was highly esteemed by his
associates In the Government service.
The Interment, took place Saturday
tinder the auspices of the Oddfellows of
which order he was a member. He
leaves a wife and three small children.
Educational Meeting Arranged.
OREGON CITY. Or., Jan. 21. (Spe
cial.) An educational meeting- for par
ents and teachers win be Held Thurs
day mght. January 23. at 8 o'clock, at
the West Oregon City schoolhouse. C.
F. Anderson "will speak on "What a
Teacher Thinks." All who are Inter
ested In the progress ol the public
school will be welcome to attend, and
are invited to share In the discussion.
New Biking Company Irmed.
CATHLAMET. Wash, Jsn. 21. (Spe
cial.) A new diking company for the
purpose of reclaiming tldelands has
been formed in Wahkiakum County.
The incorporators are William Ander
son. Charles and William Schwelgler
and John Parpela. The capital stock
Is 115.000.
C R- Bacon, of Trnton. N. J., propose
sn annual 'oysier aar ' - cejenrauon for
that slate.
system of nomination by convention,
under which system It Is almost e
mathematical certainty that candi
dates will be chosen from centers of
population, as Instanced In the case of
United States Senator Portland
having the two United States Senators;
and under which the dominant party is
invariably disrupted, causing a candi
date to 'be elected from the minority
party, as Instanced In Republican
Oregon being represented In the
United Statea Senate by two Demo
cratic Senators."
Surprise swept over the House when
Representative Meek, of Washington
County, arose when his name was
reached on tho roll-call veto for
United States Senator and stld:
"I did not sign Statement No. 1, and
I cast my vote for the Republican can
didate, Ben Selling."
His was the only vote recorded
against the candidacy of Dr. Lane,
whose name was placed In nomination
by Representative Reames, Democrat,
of Jackson County, In a speech in
which Dr. Lane was lauded and the
present system of electing United
States Senators was contrasted with
the old system, all commendation
being given Statement No. 1 and the
condition It has mada possible. Mr.
Reames spoke of Dr. Lane's dis
tinguished pioneer parentage. his
record as a public servant, and pre
dicted a splendid career for htm In
the Senate. Representative Hagood.
of Multnomah, Democrat, seconded
Dr. Lane's nomination, saying that
Multnomah County was proud to ad
vance from among her sons one so
eminently qualified for the highest of
fice In the gift of the people of Ore
gon. The roll-call vote brought out the
fact that Meek Is not the only man In
the present House who failed to sub
scribe to the famous provision of the
primary law which makes tbe election
of United States Senators virtually a
direct popular function. Representative
Belland arose when his name was
called and asked for permission to ex
plain his vote.
I did not sign statement jno. a. ne
said. "I voted for a Republican ana a
man that I considered better qualified
for the position of United States sen
ator than Dr. Lane. But the people
thnueht otherwise, and I bow to their
verdict and cast my vote for Dr. Lane."
Parsons, of Lane County, in explain
ing his vote, said that he signed State
ment No. 1 because he believed that it
provides the only way possible at
present for the reconstruction of a re
actionary Senate on a scale that will
make It responsive to the popular wilL
Bills Indefinitely Postponed.
STATE CAPITOI Salem. Or.. Jan. II.
(Special.) The following bills were
Indefinitely postponed In the Senate to
day: S. B. 8. hy Dlmick Repealing rural
school supervisor 'aw. i s
S. B. Ill, by. Barrett Amending corrupt
oraftleea act.
S. B. 16. by Barrett Amending corrupt
practices act.
S. B. 32. by Smith, of Josephine Limit
Ing Initiative measures to be placed oji
ballot.
S B. IS. by Barrett Limiting number of
initiative measures to be placed, on oauoi.
IXDCSTKIAL PEACE ERA DATXS
So Says John H. Wallace to Oregon
Industries Committees.
STATE CAPITOL, Salem, Or., Jan. 21.
-(Special.) That a new era of indus
trial peace has dawned In Washington
since the workmen's compensation act
went' Into effect there was a declara
tion by John H. Wallace, a member of
the commission that Is. administering
the compensation law In that state. In
an address before a joint meeting of
the Industries committees of the Senate
and House last night.
"Instead of the old troubles In court.
when an injury occurs," said Mr. Wal
lace, ''the various reports are sent in
and there are no lawyers, no Judges, no
Juries, no disappointments and heart
aches.- The person Injured receives that
to which he Is entitled under the law.
Instead of hope of glittering verdicts
for a few. there Is absolute surety of
substantial justice to all. The law has
done much to harmonize the relations
between employed and employer.
The workmen's compensation act pre
pared by Governor West s commission,
which Is now under consideration by
the industries committees of the two
houses, was commended by Mr. Wal
lace.
James B. Kerr, a member of the com
mission that framed the bill now be
fore the Legislature, spoke In the after
noon, explaining the measure In detail.
J. A. Madsen. also a member of the
commission and a member of the Port
land Longshoremen's Union, spoke in
favor of the proposed law. Dr. A. A.
Hall, statistician of the commission,
wan another soeaker.
The only - voice raised in opposition
was that of W. M. Davis, a Portland
attorney. .
O. A. C. BIIJ& IS OHAMPIOXED
Portland Men to Arrange. Excursion
to State Capitol. .
A committee of 25 will meet at the
Commercial Club tomorrow at lunch
enon to. consider plans for the ex
cursion to Salem In behalf of the Sen
ate bill providing for aonropriallons
for the development of the farm dem
onstratlon work In all counties under
the direction of the Oregon Agricul
tural College. Arrangements wdll be
mada for a special train and It i!
olanned to secure more than 100 Port
land business. men to go to oaiem to
work for the bill. The exact, date
for the excursion will be set at the
luncheon.
Members-of the committee are A. c.
Callan, C. C. Chapman. L. Samuel. J.
H. Hartog, J. L. Wallin, J. Fred Lar
son. Q. E. waggoner, j. a- uiu, mo
Arlett. T. A. Freeman, J. H. young.
Edgar B. Piper, E. E. Beall, R. H.
Brown. C. C Colt. W. H. Daughtrey. B.
S. Josselyn, H. R. Lewis, F. R. cook.
J. McL Wood, Charles MePherson., E
Kroner, S. C. Pier and John M. Scott.
SENATE BILLS PASS 100 MARS
Tuesday Sees Good-Sized Crist En
tered In Upper House.
STATE CAPITOL, Salem, Or, Jan. 21.
(Special.) The following bills were in
troduced In the Senate today:
S. B. 84. by Wood Berulatinc
sale of
liquor outside of incorporated cities and
towns.
S. B. 95, by Carson Granting relief - to
persons who have sustained damage from
bearers.
S. B. 9B, by Butler To protect hotelkeep
ers. S. B. 97. by Hollis To place charitable
Institutions for maternity cases receiving
state aid under supervision of State Board
of Hea'th.
S. B. 98. by Hollls Regulating the licens
ing and practice of embalming.
S. B. 9a, by Hollis Relating to method of
married -woman barring right of dower.
S. B. 100, by Ragsdale Providing for re
cording of notes and mortgages on personal
property.
S. B. 101. by Smith Coos and Curry)
Amending the direct primary law.
S. B. 102, by SmUh (Coos and Curry)
Providing for Incorporation of boom com
panies. S. B.-103, by Smith (Coos and Curry)
Fixing time of meeting of Presidential
Electors.
8. B. 104, by Smith (Josephine) -Regulating
the practice of pharmacy.
WIDOWS' BILL IS INTRODUCED
Measure Provides Pension Through
Tax Levy on Property.
STATE CAPITOL, Salem, Or.. Jan. 21-
(Special.) The bill prepared by the
dependent widows' pension bill commit
tee of the Oregon Congress of Mothers
was Introduced in the House today by
the committee on health and public
morals, of which Representative Bone
brake, of Benton, a minister, is chair
man. The bill was Introduced at the
request of the Mothers' Congress and
calls for a levy on property In each
county of not more than one-tenth of a
mill. Its framers claim that the bill.
If It becomes a law. by allowing moth
ers to keep their families together and
care for their, own children, will actu
ally reduce Instead of Increase the ex
pense to the taxpayers of the state.
The bill provides that every woman,
who has one or more children under
the age of 16 years and whose husband
Is either dead or the Inmate of a state
institution, shall receive $10 for the
first child and $7.50 for each additional
child. No mother who receives an In
come from other sources is entitled to
the relief afforded by the bill, unless
that Income Is less than the one pro
vided for by the bill.
The money is to be distributed
through the County Courts and ltsaMs
tribution 1b to be regulated so as to
prevent abuses.
THE DALLES MEN BEHIND BILL
Senate Measure for O. A. C. Appro
priation Is Indorsed.
THE DALLES, Or., Jan. 21. (Spe
clal.) The Dalles Business Men's Asso
elation has forwarded to State Senator
R. R. Butler, of Wasco, and Hood River.
at Salem, a. resolution indorsing Sen
ate bill No 72, authorizing appropria
tion for the Oregon Agricultural Col
lege demonstration and field work. The
bill provides that benefits of the Agri
cultural College may be applied di
rectly to all counties of the state and
the productivity of the lands increased.
MILLS AND CAMPS CLOSE
Snow In Washington Cripples Lum
ber Industry.
ABERDEEN. Wash- Jan. Si. (Spe
cial.) ParalyzatJon of the logging in
dustry, not only on Gray Harbor and
In Chehalis County, but throughout the
entire western part of the state and
consequent crippling of mills, was the
direct result of the six Inches of snow
which fell Saturday night Yesterday
.he Slade and Donovan mills of Aber
deen were closed.
In Hoquiam the Lytle, the North
western and tbe Gray's Harbor mills
are idle.
The outlook is not encouraging, say
the most optimistic of mill and log
ging firm heads. Conditions in the
woods are declared the worst for years.
That it will take at least from three
days to a week before operations will
)re resumed Is the opinion of officials
of logging companies.
RESEARCH WORK MAY END
Salary fo'r Hood River Espert Xot
Allowed by Grand Jury.
HOOD RIVER, Or., Jan: 20. Unless
the orchardists raise money through
private sources or through associa
tions the Hood River Valley "may lose
the services of Professor W. H. Law
rence, who has been conducting plant
pathological research work here for
the past two years. The grand Jury,
which has Just completed Its Investiga
tions, has recommended to the County
Court that they shall not pay a county
fruit Inspector a greater sum than $3
a dpy for his work. Payment of a
greater sum Is Illegal, say the grand
Jurors.
Professor Lawrence . was brought
here two years ago from the State ot
Washington experiment station at Pull
man at the appeal of the Fellowship
Association, an organization composed
of the majority of tho valley or
chardists. At the beginning of last
year, however, the work of the Fellow
ship Association was taken over by the
county and a tax levy was made suf
ficient to pay the salary of the expert.
This salary was placed at $2500 a year.
Professor Lawrence has conducted
various campaigns against disease
pests, the most notable of which Is
fire blight. When Informed of the
decision of the grand jury he an
nounced that the effect of the report
would be to stop all research In the
district.
J. R. Burke Starts Logging Camp.
.CATHLAMET, Wash.. Jan. 21. (Spe
cial.) A new logging camp on the Co
lumbia, a mile and a half south of this
place, has been started by J. R. Burke.
About 40 men .will be employed.
Now it is better than ever.
Perhaps you have noticed this about
our Chicken Soup. We have increased
the proportions of chicken-meat and
other nourishing materials so that this
inviting Campbell "Kind" is even rich
er and more satisfying than ever. We
have done this in spite of the increased
cost of these high-grade materials.
And with such a wholesome soup as
this at hand the most particular house
wife can be just as economi
cal as she cares to be, and yet
keep her table up to the high
est standard.
21 kinds 10c a can ,
Look for the recl-and-white label
(Mi
fll)il l"
Wttm
',90&ENSi-,: "I
ESCROW AGREEMENTS
In taking charge of ccrotr ma ttejpr conditional InMnimfiiN or deed
delivered to third party until the completion of lorn, agreement, or
onto doty la performed, thla company net aa Joint reprewentatlve of all
part lea concerned and aeea that the paper are In prper form. .
' n" Trust (Tympany
fofpnrfarwQrBgnn
THIRD AJVD WASHl.VGTM.