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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 29, 1913)
THE MORNING OREGONTAN. TOURSDAY. MAY 29. 1913. HIGH COURT SAYS CHARTER IS VALID Justice McBride Writes Opin ion Giving Portland Legal Right to Vote. MEMBERS OF BENCH DIFFER Minor Toints Questioned toy Other Jurists, Though They Concur in Action Supreme Court Ex- preswes Hope In Experiment. SALEM. Or.. May 28. (Special.) In an opinion written by Chief Justice McBride which deplorei the apathy ex hibited br more than half the regis' tered rotera of the city, the Oregon Su preme Court today decided that the so ...ti. mmTniuiiiii charter of Portland. approved by a email majority of the electorate who participate in m tion of May S is valid. Th rix-iaion means that at the elec tlon June the voters will elect a Mayor and four Commissioner! who will have executive and administrative duties as a department of public af fairs, a department .t finance, a de partment of public safety, a depart ment of nubile utilities, and a depart ment of public Improvements. The dls .-k..in f tha work imonr these oe part men ts will be made by order of the Mayor, who may change them at his discretion. All the Justices con curred In the opinion, although It Is reported there were slight differences as to minor points. .in f' -" "It must be confessed that the chansre Is a tremendous one. and tne ceniraii f mil the cowers of the city in the hands of five men Is an experiment In which mistake in the selection of the persons who are to wield this enor mous grant of power mlRht be fraught with serious consequences. But these .r. m.ttera with which we nave noin I-- . ) thev were left to a decision of the voters at the polls, and by a small majority they have decided to try the experiment. Xm-Voten "Mere Cipher." "As to the 64 per cent of the voters who did not take enough Interest in this important matter to cast a vote either way. the only conclusion must be that they do not care how they are governed and are mere ciphers, to be put In a column by themselves.. This court cannot l-rtslate a government for the City of Tortland. It can only declare the Judicial results of the elec. tion and express the hope that the new experiment may prove a- successiu one." The following summary of the de cislon was given out by the court: Titles Clrea Fewer. Whatever the Legislature could lawfully hat done before the conalllutlonai mrci.nu nenta elvlni cltl.a the power to amend thir own charter, such eltlre may lawfully do within their own boundaries, .abject to the criminal taws of the ataie. veaied rights of eltucns and the paramount right of the tate OTr Ite own property. Tha ronitituUonal amendment adopted June 4. 19H as again amendrd November A. 110. giving to clll'l anu iown. iuii pow ers to enact and amend their charters, taken together with the McNarjr ordinance In force in the City of Portland, gives to the City at Portland full power to enact or amend their charter and ty submit charter amend ments of any character not conflicting with the constitution or criminal laws of the state. It is doubtful whether that portion of the Mc.Nirr ordinance which provides that the amendment shall go into etfect SO days after the proclamation of the Mayor of the result of the election. Is valid inasmuch u" Section 1, Article IV, of tha amended con stitution provides that any mtiuurc s muted to the people shall take efieit i- i become a law when It la approved by a majority vote and not otherwise. Th.- a-t Is now effective, however, in any view of the law. relit b-l Question Nettled. The fact that the propositi commission charter prohibits any designation of the political party of the candidate upon the ballot does not render the amendment void. It does not prohibit any party from indors ing or working f"r any candidate. No party lias any mors right to have Its party In dorsement on the ballot than has a church er a secret society. The objection that the amendments are submitted as a mass and are to be voted upon as one rote avails nothing. The amendments taken together and read with Ibe original charter constitutes a harmon ious whole and ere properly submitted together. The power to amend necessarily Implies the power to chance. An amendment is a changing and making belter or different. While a city cannot wholly repeal Its char ter and commit suicide as a municipality. It ran make any amendment not Inconsistent with vested rights. In part the opinion says: The principal contention of counsel for r!ators Is that the amendments voted on 3jay 3. lftlS. and which, for convenience, we shall designate as the "commission char ter." are now In effect, so t'lat no nomina tions can be made under the commission charter for tha city officers provided for th.r.in. By section la. Article IV. of the constitu tion, ss amended June 4. 18UO. fall powers f Initiative are reserved to the people of a.1 municipalities as to all local, special and municipal irgislatlon of any character. It was provided that tha manner of exercising sut h powers should be prescribed by general Saws except that ritlrs and towns might prescribe the manner ef auch exercise as to their municipal legls:atlon. e Change Ms.le In Isl. By section 3. Article XI. of the constitu tion, ss amended June 4. lled. the legal voters ef cities were given powtr to enact and amend their municipal charters, sub let ooiy to the constitution and to the criminal laws of the scale. The subsequent amendment to thla section, adopted Novem ber . 1S10. makes no change as to the matters here considered. Hy the provis ions of section 1- of ordinance No. 16311. aoproved March 2. IIViI. It Is provided that the votes en measures and charter amend-m-nta shall be counted, canvassed and re turned by the election boards and that It -ll be the duty of the Auditor to canvass inn votes given for each measure or tfctuend-ru-.-nr, Tiie Mayor is required within Ro days from tha time of the election to proclaim tne adoption of each me.'ire or amendment which shall have rece;ve.i the affirmative majority ef the total nuiober of votea cast th-reon. aad thereafter such measure or amendment shall become and be In full f--rce and effect. In th.se two constitution a: provisions and In the ordinance referred tv a a have complete machinery for submit ting charter amendments and dee!artng the reeuit of the vote thereon, and these seem to have been complied with in every particu lar, in section 1 of Artlc:e IV. ef the con stitution, aa amended June Z. 1902. It is pro tided: Aar measure referred to the people shall take effect and become the law when it is approved by a majority of tbe votes cast thereon, and not otherwise." it may well be doubted whether It was In the power ef the Council of fort land to prescribe by ordinance the time when a measure referred to the people should be come effective, but In our view of the esse this matter is unimportant aa applied to the case at bar The act Is now effective In sny view of the law. and the petitions for noralnatiott are now on file and ready to be acted upon, and whether they were signed before or after the law went Into effect is a matter of so moment. when George A. Thacher addressed them on the proposition or voting bonds for a detention borne. Mr. Thacher said the system of fining women of the underworld Is only com M.n.uiuin. wiee that tha monev col lected In fines aids In reducing taxes. and to that extent tne taxpayers prun. by vice. He said tha present system hm -Mr., n. k n Iaaii ...In. Illd thg only way they have of making up for tneir losses paid out in iinoa i. oy -turnlng to their former practices. A .. XT fhttrehll! eerratsrV Of the committee of 100, explained the prefer ential system ot voting, no mi"" everyone to vote for first, second and third choice for Commissioners. Or. George Story descriDea in wim the needs of the city for more garbage incinerators, and was asked many questions. U H. Weir urged the playgrounds en.n a.!!- fa VI A Trfn ted comparative figures showing the progress made In recreation wora in omcr ur T. J. Geisler advocated the purchase of Council Crest for a municipal park. He spoke of Its great natural attrac tions and of its value as an advertising u .Km eltv I4a added that meuiuiu . ' " the bonding proposition Involving the ultimate expenditure i v.vrv w, no means a Portland Heights proposi tion hut one that affects the welfare George H. Hlmes urgea tne passage v. mmr. nrovldinar for the erec tion of a home for the Historical So ciety, B. C. Jones urged the construc tion of a bridge ror uoutn rorinnucn, . Tj.iiciTi Chief Tounsr SDoke In favor of the. firemen' pension propo sition. GOVERNOR DEFENDS ACT WEST THIXKS BLACK GUILTY OF OXE CRIME. PARTY WAR WANES Idaho Democrats Find Strife Costs Patronage. MONTANA MAN GETS POST ISSUES ' ARE DISCUSSED Women Hoar AdcIrrsM'3 on Klection Mranrr. Members of the Women's Club at an open meeting yesterday heard the so c:al evil discussed In no mincing words Shooting or Dr. Robertson Doubtful and Fear Needless, Says Chief Kxecutlve. SALEM. Or.. May IS. (Special.) Governor west In a written siie.nem today defends his act in paroling Ho- 'Dla.le aenteneeH In aArve ten years In the Penitentiary for waylaying and shooting Dr. C. H. Ilooertson aooui m years ago. The Governor saya he does not believe Black shot Dr. Robertson, bat does believe he was at least a par i;.i...i In ih rrinia when Frank Gilo. while asleep in a Salem store, was beaten over the head wiin a oium m i.itm.ni h housebreakers. Regarding the Robertson ease, the statement aays In part: The Indeterminate sentence law, jt in itll wrea mail Mrmlicabla to IUDCU il -. " - ' ... cases similar to Black's, and he was therefore entitled to Its benefits. Investigation ot the matter has caused this office and the members of the Parole Board seriously to doubt the gellt of Black. I have every rea son to belleev It tfaa a case of mis taken identity. "I am of the opinion, however, that Black was guilty of the charge that has been made against him. ot breaking Into a local store, or at least had guilty knowledge of the crime, and came into possession of some of the spoils. Grant ing this to be true, he has had his punishment, "He was a model prisoner at the In stitution, and I believe has left there without 111 will toward any one. and feeling that as far as the prison offi cials are concerned, he was. under the circumstances, given a square deal. The provisions of the Parole Board keep him unaer tne conuwi i o v -i i.i u. t, . - mt the itate. and I uiunuca. ' - - Z 7w am sure that Dr. Robertson has noth ing further to fear from him. It Is at least Idle to speak as some ot mi newa- v. . ... Ann nf eltlzens helnar alarmed and arming themselves for pro tection. LEWIS MAN IS AT LARGE Sheriff Foster Searches in Vain for George Blankenshlp. 'CHEHALJS. Wash.. May IS. (Spe cial.) Sheriff Foster Is In Eastern Lewis County, where he is making per sistent search for George Blankenshlp. Blankenshlp and Mike Wornik had a fight at a roadhouse early Sunday. Wornik was shot four times, according to meager reports of the affair, and Is lying at fhe point of death at the hos pital at Katonvile. His recovery Is not expected. Blankenshlp Is said to nave taaen to the woods after the shooting and has not yet been located. The two men were loggers and quarreled over a woman at the roadhouse. according to report. Last night a wounded man waa held at McKenna. near Yelm, on the suppo sition that he was Blankenshlp. Dep uty Sheriff Berry went to Yelm. but did not Identify the man as the one wanted. Blankenshlp has many ac quaintances In Eastern Lewis County and there are many ways by which he can make good his escape. SULZER AFTER GAMBLERS Race Track Betting; Kdict Aimed at Belmont Park Sport. - . ALBANY. X. Y.. May 23. There must be no gambling on the racetracks or anywhere else in the state.- says Governor Sulxer In a letter to Arthur Brisbane, of New York. The Governor declares he "shall adhere tenaciously, to the letters he has written to the au thorities of counties In which tracks are situated, warning them to enforce the law. "If there Is any gambling on the Bel mont Park racetrack, or any violation of the law." says the Governor. "I shall hold those officials responsible and promptly take action." The Governor says he Is opposed to gambling on the racetracks and will enforce the law. Society Gives Oratorio. VANCOUVER, Wash., May 18. Spe clal.) The Creation." by Joseph Haydn, was given Tuesday night by the Vancouver Choral Society in the First Presbyterian Church, before a large, audience, under the leadership ot Kobert B. Carson. The soloists were, Mrs. M. E. Gray. Mrs. William N. Marshall. Mrs. M. Connor, sopranos; Mrs. Pearl Sutherland, pianist; Oliver B. Hughes, tenor; Welles Lovgren. baritone and Fred Bralnerd, organist. There was a chorus of HO voices. The proceeds will go to the church fund. Workman Gets Damages. KOSEBURO. Or, May IS. (Special.) After a deliberation of two hours Tuesday night, a Jury awarded Lymon Spencer damages In the sum of 11000 asrainst the Hargreaves Door & Lum ber Company, of Roseburg. Spencer alleged that while operating a circular saw, two of his flnaers were injured In such a manner as- to render them useless. Shingles Assessed Higher. ABERDEEN". Wash, May 18. (Spe cial.) Assessed values of shingles and laths have been raised by County As sessor Wiley, despite the fact that this year finds nearly three times as much of these materials for assessment. Evidence of Desire to Patch Up Dif ferences Seen In Alleged Agree ment to Divide Offices Not Yet Filled. TjriTCtr Trlaho. May' 28. (Special.) The appointment of W. C. Wahley, of Montana, as Collector of internal ixcv- enn.'eaiiaed a Stir Of expectation runuenla in both factions BUiwiiB ...a j - of the party In tnia state, iur nwu It had been hinted that GeOTgo E. tint siusuvtarv T t ha Democratic! state central committee, had the revenue col- lectorshlp tucked away in ma pocket. He is of the Hawley-Perky . . i.k.i.4 the "conservatives." I.UllWll Frank A. McCalU of Coeur d'Alene, had been pushed forward aa tne cawiiaaie for the post of the Nugent-Pence or "progressive" faction. Both factions are now wondering how there hap pened to be a slip in the programme . v. ,.. i,., ...ii.MitAfvl waa aroinsr throuerh. The post carries with It a salary of 14500 a year and several fat salaried deputies. The only excuse doio iac tions have to offer for the act of the Administration is that Montana has a strong Democratic delegation In Con gress, while Idaho Is represented by a solid 'Republican delegation. Hope Still fald to Exist, Idaho Democrats arfe still living In bopea that the patronise for this state will soon be distributed, thereby cut ting off salaries now going into the pockets of others. Thera is fear that some cliques are attempting to push slates through that are objectionable. That some of the leaders of both factions have had their heads together Is now admitted. This is said to ac count for the agreement by which the Hawley-Perky faction was to be given the right to place State Chairman Gray aa United States Marshal and Frank Moore, of Moscow, as Attorney-General, while the Nugent-Pence faction was ta have everything else In sight.. Laad Office Post Sought. Tfte Blackfoot land office offers a fine berth to some Democrat. Both factions have candidates, j. j. uuneen, who resigned as receiver, Is a Re publican and now Is acting as As sistant Attorney-General of this state. He was Attorney-General during the Gooding administration. No successor has been appointed. State Senator Rav enal Macbeth wanted the post. State Chairman Gray, however. Indorsed some other Democrat before he knew Senator Macbeth was a candidate. This Is said to have caused a falling out be tween these two Democratic leaders in the same faction. Sam J. Rich, former Immigration Commissioner, Is also a candidate for the office and there are two others. MOUNT HOPE STRIKE ENDS After Three Months of Fighting Miners and Company Agree. N MORIUSTOWN, N. J., May 28. The strike at the Mount Hope line of. the Empire Steel Iron Company was set tled today, and some of the miners went back to work. The strike began last March. Battles between strikers and armed Deputy Sheriffs were waged almost dally, but at such long range and behind such effective entrench ments that casualties were few. The details of the settlement were not made public The men, it is said, gained an increase In wages and short er hours, but failed to make the com pany discharge the men who remained loyal during the strike. The enmpany began today to repair the railroad leading to tne mines, which had been dynamited. PRESIDENT AIS CHILDREN Father's Fine Is Remitted That He May Ix-ave Prison. WASHINGTON. May 28. The plight of three little motherless girls work ing In a Southern cotton mill and need ing the help of their father, Marion Cook, serving a two-year penitentiary term for Illicit distilling in North Caro lina, caused President Wilson today to remit the 8100 Ane which was. a part of Cook's sentence and which he was unable to pay. Cook was convicted at Asheville, N. C. and as a result of the President's action will be released June 16. MILL DESTROYED BY FIRE II. II. Martin Lumber Company, at Centralis, Loses $12,000. rrvTnir.il. Wash. Mav 28. (Sne clal. )- A disastrous fire of unknown ..i-i. .artv tndav destroved the shin gle mill of the h. H. Martin Lumber Company here. The loss Is estimated - . n ftrifi enrt la covered bv Insurance The' flames were discovered about k hut bv the time the local department reached the mill It was doomed and work was confined to. the dry kilns and sawmill. Thla Is the second time the mill has been burned, the entire plant having been destroyed In 1903. JAMES BAKER REARRESTED Impostor and Woman Impersonator Who Jumped From Train Caught. ALBUQUERQUE, N. M.. May 28. James Arthur Baker, who posed as a woman school teacher In Portland, Or., and other places, who escaped from Sheriff Wilson, of Riverside, CaU. at Flagstaff. Aria, early Tuesday by Jump ing from a train, was captured here this afternoon. Baker was wearing overalla and Jumpers. Confederate General Dies. WASHINGTON, May 28. General . . l T T.rmav nn nf the oldest IJUIIBIUIU v ' - surviving Generals of the Confederate cavalry, died here today.- 79 years old. He was an intimate friend of General Robert E. Lee, and served with distinc tion In many noted engagements. He will be burled at Warrenton, W. Va., tomorrow. Independence Honors Veterans. ivnppirvnisxni!. Or.. Mav 28. (Spe cial.) Union memorial services were held 8unday In the cnristian t-nunn, the Grand Army of the Republic and the Women's Relief Corps attending in a body. The address was given by We welcome competition in the street railway business, but every move Mr. Heusner has made stamps his franchise as a promotion scheme Th, People's Eight, League b composed of PortW. sutatanl ttal er j?1 PETITION in th. street and interarhan radway business. But HAS MR. HEliSNEK ever linniu PLE ot PORTLAND that his FRANCHISE "iSrRBTmoJl I , WICII pRE. ?s" s-as h gets t0 the Portland Railway, Light & Power Co., The Hill or Southern Pacific interests. The eliminating of this, Section 28; the cutting down of the city's income for the 25 -year franchise, from $81,000 to $37,500 and the omission of other vitally-important mea sures which the Council de manded for the city's protec tion, are WHAT THE PEO PLE'S RIGHTS LEAGUE and thousands of others who have examined the proposition, OB JECT TO. This is what the Los Angeles Eealty Board finds out after a bitter experience with dual oc cupancy of the city's streets by railway com panies. stn vtsjsj swssW'T M SEos Atwrlrs telfu -ISoarJ. :-ri . . , TW 4aa a. nmw r'r""'. RCALTV SOSRD SUILOIKO SOUTH PHIM STflKCT Ml . i.os sriaci.es, cm- May Twerrtistb liiwteewtbi rf ee ." ?. T. HstMonv. feenloS Hitbt Ue ,Fortls. Orison. tr 81ri- Io rpl o yonr leter.will etsis tht' If coaa ef yo fcAlari eeoule were o see tl eoeSltloB of Hill Meio Etreete. toa Hok both Uterorbae sci leoel street tin mre operatic, tbej aoali itiedl etelj auree tbat lt le et oo3j iveractleable la rapHly frole ertiae like Pertlart eei t-o aetelea. to eeerate each iaal'aamoe. but tt ia trewBOOsslT eiaeaelTe oropoaitioo aa well. Tt reaiere otber atrert traffio at tleea cf tbe aay alaoat lasoealkle. esaaleC troaeaoe leaa of tiie -to eat of toaa realoaata, ao4 a big leaa of-bnslwae to ercbaata. Tbla'oltj baa been oadertakleS for noa-tbe to ellaleete tbl very feetore fres tbeae tao'atreete. and as yet has oot eolred tha 'eroble. bat botea to aooa.'. Too oa readlly aee teat It leVvfetabe" for both lobal ard iatararbat ear to be elloaed oa tba' aaae street abea tbe trafflo-la at all great. Imatlai! tlst'tMa-wlll eorer tbe relate. T Very elncerely. L06 AX3ZLXS RSAtTY 30A.13 FrTeTiSHt An article in this morning's Oregonian, printed for Mr. Ileusner under the Realty Board's frmn n iawila of The Spectator. BUT WHY IS THE SPECTATOR, together with the OTIILR PORll ?FYSPAPERS AGAINST THE HEUSNER FRANCHISE under its PRESENT FORM? ' EverV voS stoufd make The effort to compare Heusner's franchise, as it appears on the ballot, with that offered him by the Council YOU WILL SEE HOW HE HAS TWISTED AND DISTORTED IT, leaving Nothing but a barefaced promotion scheme Go to the polls next Monday and Vote 103 X NO (Paid Advertisement.) PEOPLE'S RIGHTS LEAGUE By T. A. Linthicum, Secretary. Rev. Mr. Tupscott, of the Baptist Church. The son Bervlee was given by a combined choir of all the churches under the direction of Benjamin C. Crow. In the evening the churches combined with the Christian " Church, where Mr. Crow was ordained to the ministry. Rev. C. H. Hilton, of Forest Grove, presiding. MARSHFIELD RATES UP Rallrond Commission Will Open Ses sions In Portland. SALEM, Or.. May 28. (Special.) The first hearing of the Railroad Co: nlssion to fix rates by public serv. corporations will beKln June 13 i Portland, and be concluded at Marsu field June 19. Three cases relating to water rates at Marshfleld will be brought up. The companies are demanding- rates the city declares unreasonable. The de cision will establish a precedent. Alleging that the Sorenson Logging Company refuses to carry passengers and freight, jumu r. jMaiiaon una a.v plied to the Railroad Commission for an investication. The company will conduct a hearing at Astoria early in June. A request of the Pacific Telephone & Telegraph Company that it be al lowed to discontinue its offices at Champoeg, June 1, will be heard. The Commission has denied an application of the company to discontinue its office at Blortgett. May 30th Excursion Bon',.K-aXfngs.ebeamlf,,l grove Trail, ta.v rVu'JSrp STrVannUodet tickets from Atchlaon & Allen. 210 GerllntiCr bin 2.. pc'inn aim Your Own Frame or mounting mav be as good as new. If so you should not be put to the .hU nrlr-n. Thus a ment will fully protect your eyes. Thoanaadi of RefereeB So Charaje for Examinational. DAYTON Eyesight Specialist 500-9 Snetland Bldx 5th and Wash. Fifth Floor Entrance Fifth Street I at Blortgett. I " . zr ''iim ZGER Only S20 At the left is shown the big: Water Tower at MLTZGER, Port land's ideal suburb, eiglrt miles out on the Oregon Wectnc! We've gone down 285 feet nearly the entire depth through solid rock to reach this never-failing' source of pure water. Analysis shows it is better than Bull Run virile with lime and iron, so necessary to growing children. Down on a Lot at METZGER. balance in small monthly payments Beautiful. SadTe?e??dySayth0eCCHOICE.Ws ARE GtfSG FAST. Big Excursion to Metzger Sunday Thla includes round trip fare and lunch. Special train leaves ESS 8of towi METZGER now at our office. Callan & Kaser 722-724 Yeon Building Members Portland Realty Board. 25c