TITE MORNING OREGOXIAX. WEDNESDAY. JULY 28, 1915.
WASHINGTON'S DRY
LAW IS HELD VALID
man. Morrow County, last night. The
blaze started in a blacksmith shop and
leaped across the street to other build
ings, including Dr. Grant's drug store,
Emery's grocery store and tLe resi
dence of J. H. Wylar.d.
Injunction Asked by Liquor
Firm Not in Power of
Court, Is Ruling.
VOTE OF PEOPLE IS CITED
TACOMA PLANT TO GROW
Smelter Capacity Will Be Doubled
and Employes' Pay Increased.
TACOMA, Wash., July 27. An
nouncement of plans for construction
at the Tacoma smelter running into
several millioji dollars, which will
about double the smelting capacity of
the plant and more than double the re
fining capacity, with the erection of
Judicial Inquiry Into Question Is
Declared Precluded by Judge of
Thurston County Superior
Court Appeal Announced.
RESIDENT OF1 PORTLAND 35
VI 'A ItS DIES AT 78.
OLTMPIA. Wash.. July 27. (Spe
cial.) Judge D. F. Wright, of the
Thurston County Superior Court, today
handed down a memorandum decision
upholding the validity of the Washing
ton prohibition law. This decision
was given in the M. and K. Gottstein
case, originally brought to enjoin
Governor Lister from issuing a proc
lamation declaring the prohibition law.
Initiative measure No. 3, carried by
vote of the people at the last election.
Judge Wright's predecessor, Judge C.
E. Claypool, held that the proclama
tion must be so framed as to preserve
rights of all litigants.
In his decision ' today, however,
Judge Wright holds that Judge Clay-
pool had no authority to make such
a ruling, and that the issuance of the
proclamation is an action equivalent
to the affixing of the Governor's sig
nature on a legislative act, precluding
judicial inquiry as to alleged irregu
larities occurring during adoption.
Court la Held Powerlraa.
After declaring that he considers the
measure in the same light as though it
liad been passed by the Legislature,
Judsre Wright says:
"In my opinion the relief prayed for
is not within the power of the courts
to grant, regardless of whether or not
the constitutionality and statutory
steps relative to submitting the
measure' were complied with and also
regardless of whether the said pro
visions are mandatory or directory,
especially so now that the election is
over and the people have actually ex
pressed themselves on the measure. By
this I mean that the question here pre
sented is not one for judicial inquiry."
Saying that, inasmuch as the Su
preme Court has laid down the rule
that an act will not be declared void
unless its invalidity is so apparent as
to leave no doubt on the subject. Judge
Wright concludes:
"This court is not eo convinced, and
therefore holds the measure to be valid
and constitutional."
Appeal to Be Taken.
Appeal will be taken from the deci
sion as soon as a formal order is filed.
and it is practically certain that the
case will appear at the head of the
calendar for the Fall term of the
Supreme Court, which begins October
11.
Ex-State Senator Preston, author of
the Washington compensation act;
George Donworth, ex-Federal District
Judge, and Dudley G. Wooten, Texas
ex-Kepresentative. are counsel for the
liquor men In the Gottstein case. At
torney-General Tanner and John H.
Powell, the latter representing the
Anti-Saloon League, defended the suit.
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Mrs. '1'mora Tonaeth.
Mrs. Thora Tonseth, who had
been a resident of Portland for
25 years, died at the home of her
son. Cornelius Tonseth, 1358 East
Stark street, yesterday at 1 A. M.
at the age of 78 years.
Mrs. Tonseth was born in
Trondhjem, Norway, and is sur
vived by seven children and 13
grandchildren.
Funeral services will be held
today at 2:30 P. M. at the Nor
wegian Lutheran Church. Four
teenth and Davis etreets, with in
terment in Lone Fir Cemetery.
four large steel buildings, large ore
bunkers, an immense refinery and nine
additional furnaces, was made today by
oiiiciais or tne racoma smelting & Re
lining company, a Guggenheim con
cern.
At the same time, smelter official
announced an increased scale of wages
to tne o0 employes at present in the
plant, which ,will add $50,000 a year to
the city s payroll.
Auditor's Trial Halted.
ASTORIA, Or., July 27. (Special.)
The trial of J. L. Berry, Auditor and
Police Judge of Seaside, on an indict
ment charging him with malfeasance
in office, came to a sudden end in the
Circuit Court this morning, when the
indictment was referred back to the
grand Jury.
The state asked that this action be
done, as the indictment was faulty in
that It charges the defendant with re
fusing to attend meetings of the Coun
cil when the charter does not require it
but says he shall keep accurate min
utes of the actions of the Council.
JITNEY LAW INVALID,
RULES HIGH COURT
Reversing Decision of Lower
Bench Is Based Only
on Technicality.
COUNCIL'S POWER DEFINED
City Has Alternative of Snowing
That Ordinance Was Passed Be
fore Approval at Election.
Overstepping Authority Held.
SALEM. Or.. July 27. (Special.)
Portland's Jitney bus ordinance receivea
It. ouietua in the Supreme Court to
day Justice McBride writing the
opinion, unless the city can show that
It was passed by the City council
hoinir annrovfd bv the people. The
decision acrainst the measure is purely
technical, thd court declaring that the
city has a legal right to enact a similar
ordinance.
Recalling that the -council pascu
lha nrHlnann Atjril 2. that A. A.
Thi.il. rsMr R. Barker and W. J
Chrlstenson, plaintiffs in the suit, filed
a petition for a referenaum voie on
the measure May 2, and that the City
CouTwrll to force the ordinance to a
vote, passed an emergency orainance
repealing the other one May 12, the
opinion says:
Power Exceeded la Ruling.
"Prom the allegations of the com
olaint it appears that the original or
dinance passed by the Council was
repealed, and that the same ordinance.
after being repealed, and therefore dead
for any purpose, was suoraiutj 10
people by the Council as an initiative
measure. For tne purpose 01 me ue
murrer said allegations must b taken
as true.
"Concedinz- that the Council had
right to repeal the ordinance after
it had been referred, and that It had
the right to pass another ordinance
identical in terms with the on repealed
and to submit it to a vote at the elec
tion next ensuing, we are of opinion
that it went beyond Its powers in sub
mitting to a vote of the electorate an
ordinance not passed by it."
The opinion reverses the decision of
Circuit Judge Gantenbeln. sustaining
the demurrer of H. R. Albee, Mayor
and defendant, and the case is re
manded with directions to the Circuit
Court to permit an answer to be filed
within a reasonable time.
Baala for Opinion la Given.
"Article 4 of the Constitution," con
tinues the opinion, "as amended in 1902
provides that the people reserve unto
themselves the power to propose laws
and imendments to the constitution
and to enact or reject the same at the
polls independently of the Legisla
tive Assembly, and prescribes the pro
cedure by which these powers may be
exercised, but nowhere does it grant
to the Legislature as power to initiate
laws except Constitutional amend
ments, and submit such laws to the
vote of the people without Itself first
enacting them Into the form of laws.
"Constitutional amendments of sec
tlon 1. article 4, adopted in 1906, extend
this right to municipalities in the fol
lowing language: 'The Initiative and
referendum powers reserved to the peo
ple by the constitution are hereby fur
ther reserved to the legal voters of
every municipality and district, as to
all local, special and municipal legisla
tion, of every character. In or for their
respective municipalities or districts."
CITY IS FAVORED, IS VIEW
Decision Interpreted as Defining
Future Power of Council.
Portland's Jitney ordinance is dead.
but . another one may supplant It
within a short time. The effect of the
Supreme Court decision yesterday
nullifies the measure passed by a good
majority at the June 7 election.
The Supreme Court said that the city
must show that the Council legally
passed the ordinance. The City Coun
cil cannot show this, for the last action
of the Council with respect to the
jitney ordinance was to repeal It. That
was on May 12.
And yet. city officials consider that
the decision of -the Supreme Court
really is favorable to the city. It es
tablishes the constitutionality of an
ordinance regulating jitneys. It puts
it within the power of the City Coun
cil to pass another such ordinance and
have it go Into efect immediately.
provided they attach v an emergency
clause. Such a measure, with this
clause attached, would be safe from
attack by referendum petition.
it is doubtful If the suit ever will
receive another hearing, although It
has been remanded for a new trial
before Circuit Judge Gantenbein. The
city could not make the showing de
manded by the jitney men. so the de
cision yesterday renders the Jitney
ordinance null and void.
The -action of the City Council
which resulted in yesterday's decision
was taken to prevent the ordinance
being held up for two years awaiting
the next regular election.-
After the Council passed the ordin
ance on April 2, the Jitney men circu
lated petitions under the referendum
act to refer the measure to the voters.
These petitions would have stopped
the ordinance from going into effect.
under this referendum, the people
would have had no chance to vote on
the ordinance for two years.
Offlelala F.ier New Ordinance.
So the Council repealed the jitney
ordinance on May 12. Then the Mc-
Nary ordinance, which permits the
Council to submit ordinances to the
people to be voted upon, was amend
ed. The amendment, which had an
emergency clause attached, permitted
measures to be submitted by the Coun
cil 15 days before an election, instead
of 30 days as before. Armed with the
amended McNary ordinance, the Coun
cil then submitted a new Jitney
regulating ordinance to the voters.
l he ordinance was passed by a good
margin at the June 7 election. Then
A. A. Thlelke. George R. Barker and
W. J. Chrlstenson, jitney men, filed
suit to break the ordinance.
City officials yesterday exnresaad
themselves favorable to the plan of
passing another Jitney regulating or
dinance Immediately.
"I favor the re-enactment by the
City Council of the ordinance the peo
ple voted on." said Mayor Albee. "I
think that the passage of the ordi
nance by the people indicates what
was wanted and what is the duty of
their representatives in the matter."
"I will not make a definite state
ment until I have a chance to look Into
the matter." said Commissioner Daly.
"We probably will refer the proposi
tion to the City Council with a view
to the adoption of a Jitney ordinance
within a few days. First we must
get a copy of the decision and look
Into It thoroughly."
Commissioner Bigelow expressed the
belief that all the members of the
City Council would' favor the adop
tion of a Jitney ordinance.
"The Wea of the decision," said City
Attorney La Roche, "Is that the initia
tive powers are lodged with the peo
ple rather than the City Council. It
o. iwit do away with the power of
Nature's Great Aid in
Combating Disease
Uric acid, kidney and
tladder disorders are kin
dred diseases. The only
way to rid the system of
the toxins which cause
these disorders is to
cleanse the blood and
tone up the general sys
tem. Nature's own sol
vent, known as
BUFFALO
LITHIA
Springs Water
eliminates the poisons by driving
them out of the system.
Thousands of people who, be
fore they'began drinkine Buffalo
Lithia. Springs Water, could not
do any worth-while work, are
now enjoying good health and
doing their full share of their
work in the world, and all be
cause they took Buffalo Lithia
Springs Water as directed.
If you suffer from any of these
troubles, start in with Buffalo
Lithia Springs Water today.
Order a case from your druggist
and drink six to eight glasses a
day. Three or four months of
this treatment will work wonders
in you.
'Phone your druggist NOW.
Our local distributer Is:
BLUMAUER - FRANK
DRUG CO.
.3ll
"No
AWARnr.D mctai. or tionoh at
rAXAiu . r ACIt'lC ExrosiTio
merece tener
amigos el que se
99
expone a perderlos
"He has no right to friends who risks them."
the Council to pass such an ordinance.
however, which means that tomorrow
the Council may pass and put Into
effect a new jitney ordinance with
an emergency clause.
Mr. La Roche says that the Supreme
Court s decision Invalidates a section
of the so-called McNary ordinance, per
mltting the Council, by resolution, to
refer measures to the people to be
voted upon. The McNary ordinance
however, still Is valid with reference
to charter amendments. The Supreme
court itseir held it valid a year ago.
Even the attorneys for the jitney
men lld not fully expect a reversal of
Judge Gatenbein. It was Indicated yes
terday. They already had laid their
plans to appeal to the Supreme Court
of the United States and had prepared
briefs and necessary papers tor the
purpose.
Stop, my friend, if you have no knife
I will lend you mine.
I ask in the cause of pood smoking
that you do not bite off the end of
that bueno Van Dyck Cigar.
The Cuban workman spent much
care upon that head. He fashioned it
too carefully that you should bite it.
Do you not know that you risk the
security of the wrapper and the even
draught when you begin your smoke
in so rude a fashion?
It is better that you cut the end
away better still if you cut a small
notch in the head. Then the wrapper
can hardly loosen, and you invite your
cigar to draw smoothly from end to end.
Ah, certainly you thank me for
this "tip." You would no more place
the precious leaf in hazard than I
myself.
EVANGELIST TO VISIT FAIR
"Billy" Sunday Will Preach at San
lYancltco Near Exposition.
HOOD RIVKR. Or.. July 27. (Spe
cial.) "Billy" Sunday and Mrs. Sunday
will lnv their Odell ranch tomorrow
Havana all Havana Spanish made
Ttvo for a quarter and vp
M. A. Gunet & Co., Inc., Distributors
for Flavel, where they will take pass
age for San Krancisco. where the
evangelist will preach on August 1. I
and 3. at a tabernacle just outside
the exposition grounds.
"We will return Immediately to
Hood River," said Mrs. Sunday, who
was in town this afternoon with her
husband, bidding farewell to a depart
ing guest. lr. J. K. McClurktn. a.tor
of the Shndyside I'nited Presbyterian
Church of Plttsburir.
MOUNTAIN CLIMB DELAYED r
Ilootl Kiver People Heed Warning
of Weather Forecaster.
HOOD RIVER, Or.. July 27 (Spe
cial.) Having received a message from
District Forecaster Beals, who predicts
that squally weather will prevail
around Mound Hood through the mid
dle of the week, the party of local peo
ple who were going to climb Hood on
Thursday postponed their trip one
week.
The party will leave here on the
evening of August 4. At Farkdale, the
upper valley terminus of the Mount
Hood line, rigs and automobiles will
meet the hikers and take them to the
National forest, from which point they
will walk to Cloud Cap Inn. The as
cent will be made from the inn on the
following morning.
NEW TRIAL DENIED CASE
False Audit Held Law Violation
Even Without Fraud Intent.
NORTH YAKIMA, Wash., July 27.
(Special.) N. H. Case, superintendent
of county road district No. 1, who on
June 8 was convicted by a Superior
Court jury of false audit of a road
payroll of his district, was today de
nied a new trial. The jury found that
Case had no intention to defraud the
county. and recommended extreme
leniency.
The motion for a new trial was based
largely on the contention that this spe.
cial finding was in effect an acquittal.
The court held a person knowingly
making a false audit, thought without
fraudulent intent, violates the law.
Tlnree mew Vicirol
as
silt
col
II
Victor
Tl
oeaieirs
CORNGROWING IS SUCCESS
Hood River Will Xow Have Grind
ing Mill Established.
HOOD RIVER. Or., July 27. (Spe
cial.) Within the next few weeks Hood
River people will be able to enjoy corn
pone and hoe cake made from home
grown grain. J. R. Phillips, a mill
owner on Phelps Creek, has purchased
come millstones, and will establish a
water mill and grind cornmeal.
Since the O.-W. R. & N. Company be
gan the distribution of free seed corn.
J sinr "Billy Sunday and his half
brother, L. C. Helzer, demonstrated on
the Odell ranch that corn could be
grown here profitably, hundreds of
acres of maize have been planted an
nually.
SENATOR BURKETT HEARD
Speech at Colville Chautauqua One
of Principal Events.
COLVILLE. Wash.. July 27. (Spe
cial.) Senator Burkett. of Lincoln,
Neb., was the principal speaker yes
terday at the Stevens County Chau
tauqua, which closed today. "The New
Woman and the Young Man" was an
inspirational lecture to young men and
women of today.
In closing his address the Senator
paid a glowing tribute to America as
the mecca of all nations. This he il
lustrated with a story of a day at Ellis
Island, New York, from bis experiences
of last year. He discussed "Govern
ment Ownership of Railroads today.
Hard man Has $12,000 Fire.
I HEPPNER. Or.. July 27. (Special.)
Several buildings were destroyed in a
12.00t fire which, swept through Hard-
The Wiley B. Allen Co.
Morrison Street at Broadway, Portland, Or.
Please send catalogues and full information re
garding; Victor Victrolas and your easy payment plan
(Sign here) ,
Address .
Oregonian
Victrola XVin $300
Victrola XVIII electric $350
Victrola XVI electric $250
Daily demonstrations any Victor dealer
will gladly play your favorite music Other
styles of the Victor and Victrola $10 to
$200.
Victor Talking Machine Co., Camden, N. J. -
Throughout the entire land the Victrola is considered the very finest source of
music for the dance perfect in its rendition, endless in variety, it supplies every
need, faultlessly giving just the music you wish, just when you wish it.
There is a Victrola for every home and for every income, and, best of all, you
don't need a full pocketbook to arrange its purchase. We have Victrolas at $15 and
up to $200. Yours may be arranged for on very convenient monthly payments.
Send for catalogues and particulars.
YOUR MONEY'S WORTH OR YOUR MONEY BACK
n
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mm
i ilk ill
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lit?! fe -i iff ,?., jiii r .v'
Victrola XVIII, $300
Matched othoruy cabinet with
paneled moulding, swell front and
idea.
Morrison Street at Broadway Portland
SAN FRANCISCO J
OAKLAND 1209 Washington Street
SAN JOSE 117 South First Street
LOS ANGELES 416 South Broadway