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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (June 23, 1907)
11 STATUTE IS VALID Circuit Judge Cleland Holds Act of Last Legislature Constitutional. Monday, Tuesday, Wednesday The richest, rarest bargain-giving we have yet presented. Beautiful Buffets going at such remark ably low prices that the buyer will be bewildered, surprised, astonished. "Seeing is believing," so do not take our word for it, but come and see. Here are values not to be obtained at any other ' - house in Portland, TEST CASE IS DECIDED THE SUXDAT OBEGOXIAN, PORTLAND," JUNE 23. 1907. OBT OF COLUMBIA - - ' - ?tvA Decision Means Much to Shippers of Portland and the Columbia River. Towage and Pilotage Service Is Now Under One Board. Presiding- Judge Cleland. In the Multnomah County Circuit Court, holds mat tne act creating the Port or Co lumbia Is constitutional. This deci sion was rendered yesterday when Judge Cleland overruled the demurrer that had been filed by the members of the newly-created Port of Columbia Commission to the complaint of Syl vester Farrell in a suit to restrain the commission from Issuing bonds in the sum of $400,000 and entering on the discharge of its duties. An appeal to the Supreme Court will be taken im mediately, and It Is expected a final decision from the Appellate Court will be received within o days. This decision means much to the Fhipping Interests of Portland and the Columbia, and the members of the com mission feel confident it will be sus tained by the Supreme Court. The an nouncement of the Initial victory for the Port of Columbia - was received with rejoicing among Portland's ship pers. The law creating the Port of Columbia was enacted at the last ses sion of the Legislature. From the time the law was passed its validity has been assailed on constitutional grounds. Its opponents contending that the Port of Columbia is a municipal ity that was created by the Legislature In violation of the amendment to the state's constitution adopted at the pre ceding general election, barring crea tion of municipalities by the Legisla ture. To test this question, Sylvester Far rell, a member of the Board of Pilot Commissioners, which Is retired by the creation of the new commission, brought suit. The members of the commission by their attorneys. Cham berlain and Thomas, submitted a de murrer to the complaint. In sustain ing the demurrer Judge Cleland holds that the Port of Columbia is not a corporation, neither is it a municipal ity, but rather a quasi-corporation, lie contends that the constitutional provision must be- held to apply only to cities and towns and not to the class of legislation by which the Legis lature created the Port of Columbia. In supporting the demurrer of the de fendant commission. Judge Cleland said: "The purpose of the act Is to pro mote the navigation of the river on which the prosperity of the state so much depends. Such an act as this. In thQ.-oplnlon of the court. Is not within the class of special laws. "This district, comprised of three counties, does not approximate the con dition that exists in incorporating a city or town, but is created in an exercise by the state of Its power to develop and Increase Its commercial resources." For the validity of the Port of Co lumbia to be sustained by the Supreme Court In affirming the judgment of the lower court is of vital Importance, not only to Portland and Multnomah County, but to the Counties of Clatsop and Columbia, which would share equally the benefits following the operation of the proposed new plan for combining the towage and pilotage services between Astoria and the bar. At the present time the pilotage serv ice is in charge of a commission con sisting of three men. two of whom, it is provided, shall reside at Astoria. Thls gives to the city at the mouth of the Columbia the control of the pilotage of all vessels, which It would lose under the Port of Columbia law. The towage service Is controlled by the O. R. N. Company. By combining both the towage and the pilotuge services and placing the same under one board of commission ers, tie law proposes to make both more efficient and reduce the charter rate on vessels In this port. Now that the differential in favor of Puget Sound which has been levied against foreign vessels loading at this port has been removed, the operation of the Port of Columbia law will materially benefit all other shipments In this re gard. ASTORIA WILIj STILL FIGHT Clatsop County Judges Io "ot Con sider Decision Itnal. ASTORIA, Or., June 22. (Special.) The decision of Judge Cleland on the Port of Columbia law will not check the fight by Clatsop County against the enforcement of the measure, judg ing from remarks made today by per sons who are directing the fight. When told of Judge Cleland's ruling this afternoon County Judge Tren chard, said: "That wlt-raake no difference with us. The County Court has taken this matter up In the Interest of the tax payers of the county, and In this we have the support of the people. Wi know the measure Is unjust, and be lieve -It Is unconstitutional, and the County Court has Instructed its at torneys to take whatever steps are necessary to carry the contest up until the law has been defeated or Its many weak points have been passed upon by the higher courts." Judge F. J. Taylor, who Is one of the heaviest taxpayers in th. county and is also one of the three attorneys employed by the County Court to test the law, said: "Just what steps we shall" take I cannot ay as I have not consulted with my associates since today's de cision was rendered, but we shall con tinue to ilsht. probably by intervening with briefs in the appeal of the Port land case, and perhaps by bringing an Independent suit. That the law Is un constitutional, I thoroughly believe. It is not a question of what benefits to the state or any district may accrue from the operation of the law. The one question before the courts Is the constitutionality of the law. If It Is not constitutional no court has any right to consider the question of benefite." Q. C. Fulton, another of the attor neys employed by the County Court, said; "The Cleland decision will have no effect on the fight to be made here. If Multnomah County appeals to the State Supreme Court, we shall Intervene with briefs setting out our contentions. If that case Is not ap pealed we shall begin an Independent emit. Even should the State Supreme Court uphold Judge Cleland's ruling. r, vis, 1' t:s r1 Here are pictured, exact size, a few strawberries from the garden of Francis Clarno, SS8 Larrabee street. They are the recently developed "Oregon Berry," not so dark as the Magoon, larger and of most delicious flavor. Mr. Clarno offers them as evidence that the very finest strawberries may be, and actually are, raised in the heart of the City of Portland which I do not believe It will, that will not settle the matter as. If neces say, we shall begin a suit in the United States Cpurt in the name of a prop erty owner who Is not a resident of the district, and carry It to the United States Supreme Court for a decision. WILL 60 TO TILLAMOOK Rev. I. H. Hare, of First Presbyter ian Church, Receives Call. It Is probable that Rev. David H. Hare, who resigned as assistant pastor of the First Presbyterian Church, to take effect July 1, will accept a call to the pulpit of the Tillamook Presbyterian Church. This v" " Rev. D. H. Hare. work he will probably take up about July 15. He was an efficient ' worker with the Portland church, but felt that In a church of his own he would have an opportunity to do better for himself. FAMILY SUESJOR ESTATE Widow of Joseph Skelton Disputes . Property With Stepdaughter. . Mrs. Kffle A. Skelton, widow of Joseph Skelton, who died from injuries sus tained in a runaway June 13, will con test with Mrs. Herbert W. Foster, her husband's daughter by his first wife, for possession of Skelton's estate, estimated by the widow to be valued at $3a,5SS. lhat a contest will be waged Is evidenced by a petition which- was - filed by the widow yesterday asking for letters of administration. The daughter petitioned the County Court for the same authority a few daya ago. - Mrs. Skelton is 88 years old and Mrs. Foster is S4. Skelton was more than 60 years old, and married the petitioner De cember 6. 1S92. ' The estate to which both women say they are entitled to letters of administra tion consists mainly of real estate which the widow estimates to be worth $32,000 and the daughter $34,000. The daughter asserts the property nets an annual In come of $1320. and the widow makes no mention of an Income. In her petition the daughter states her father's personal property amounts to $2120. and the widow avers it Is valued at more than $3000, of which $2616 is represented by cash In a local bank. Mrs. Skelton lives at 1627 Peninsular street, and Mrs. Foster lives at 1637 Curtis avenue. ' Closing Attraction at the Helllg. William T. Pangle, manager of the Heilig Theater, yesterday received a tele gram from the manager of Miss Ethel Barrymore and company, announcing that Miss, Barrymore will appear at the Heilig Friday night, July 6, in "Captain Jinks." and Saturday night -in "Cousin Kate." This will be the closstng attrac tion of the season at the Heilig. i VfJ 5 V i Hi - STIIAWBEBRIES GROWS IV THE CITY LIMITS WHY ST. JOHNS PROSPERS SECRETARY OP COMMERCIAL CLUB ISSUES BULLETIN. Comments on Remarkable Growth of Suburban Manufacturing Town In Past Five Tears ' GEOHGE J. Perkins, secretary of the St Johns Commercial Club, has pre pared a report on the outlook of that town. He begins with a reference to Its natural advantages. Among other things he says: "As late as three years ago the population of St. Johns did not exceed 600 people, its monthly payroll did not exceed $600, Its assessed valuation was about $200,000, and Its factories and other industries commanded only meager recognition. At the present time It has a population of not less than 4000 people, its payrolls aggre gate at least $65,003 a month and Its assessed valuation is nearly $2,600,300. "Its principal industries are two sawmills, one veneering plant, one flouring mill, one woolen mill, two ma chine shops, two shipbuilding plants, the Marine Iron Works, . the Port of Portland Drydocks and a cigar fac tory. Many other large concerns, such as the Weyerhauser Timber Company, Swift & Co., and the West Coast Lum ber Company, have secured sites in St. Johns and Its immediate vicinity dur ing the last two years and have ex pressed their Intention of building large plants as soon as the railroads now under construction are completed. "The following is a list of the new industries for which sites have been prepared and construction commenced during the last three months: Asbestos plant, collapsible box factory, planing mill, sheet metal and blow pipe fac tory, turpentine plant. "The new six-team ferryboat of the St. Johns Transportation Company will begin running before the end of the week, thereby rendering the city conveniently accessible from the farm ing country west of the Willamette River. "The political, educational and re ligious development of the city Is commensurate with Its industrial de velopment, and It is the opinion of the most conservative citizens that the ad vancement during the next two years will be greater than during the two just ended, due to the fact that both the Portland & Seattle and the O. R..& N. Railroads will soon be completed through the city. "The St. Johns Commercial Club has recently engaged and furnished three large rooms In one of the new build ings and is in a healthy and prosper ous condition, laving about 88 mem bers." Portland Preacher Is Chased by She Bear Rev. S. C Ljipham Has Exciting Experience Ikear Mount Adams, Captures Tw Cubs See In Fiesta Parade. t- The two bear cubs which attracted so much attention In the rose parade Fri day were captured by Rev. S. C. Lapham,1 pastor of the Second Baptist Church, at Mount Adams last week, after a most exciting experience with, the mother of the cubs. Mr. Lapham and a compainlon were on the lava beds, about 10 miles from. Mount Adams, when they sighted three bear cubs. Mr. Lapham went nearer to Investigate, when he saw In the brush a monster bear, the mother of the youngsters. He was but a short distance away when the old bear came out of the brush, looking far trouble. She reared up on her. haunches and opened her jaws. Mr. Lapham admits that he thought he was' gazing Into some yawning chasm. Bear and man gased at each other for a moment, when there fol lowed the finest sprinting match seen for many a day between the bear and the minister. Mr. Lapham jumped over fal len logs, plunged through the brush and leaped crevasses, the bear In close pur suit, trying to get in a blow from the rear. Afta pff Mr. i pphaw fay Quarter OF" PORTLAND. of a mile, the mother bear suddenly re membered that- she had left her cubs. Besides, Mr. Lapham's companion was ap proachlng. She stopped and returned to her babies. This was well for Mr. Lap ham, who was nearly exhausted and could have gone but a short distance fur ther. Neither he nor his companion had a gun and they were four miles from camp. They took a position from which they could see the bear and the three cubs. The cubs climbed a tree, and the mother bear, thinking they were safe from harm, disappeared In the timber. -Mr. Lapham and his companion then started a fire at the foot of the tree, where they remained all night. In the morning they cut the tree down and cap tured two little bears, the third being killed when the tree fell. H. W. GOODE'S WILL FAULTY Failure to Mention Children Nega tives Its Provisions. The failure of H. W. Qoode, late presi dent of the Portland Railway, Light & Power Company, to mention In the instru ment the names of his two children, has resulted in a peculiar state of affairs In connection with his will, filed in the County Court for probate yesterday. This makes it necessary "in the case of the children to proceed as though there had been no will, and results In leaving to Mrs. Goode, whom Mr. Goode Intended to be the sole beneficiary, a less por tion of the estate valued at $220,000 than had no will ever been made. Mr. Goode also failed to provide for an administrator or executor. The trouble is caused by an Oregon statute that provides that when a person fails to mention his children in his will, so far as they are concerned, it Is as though he had died Intestate.- Therefore, to Helen, a t daughter aged 16. and Henry Falrchild Goode, a son aged 11, will go one quarter of the estate. Mrs. Goode will take half. Had Mr. Goode left no will whatever, Mrs. Goode would have had both half the personal property and her dower. Of the estimated value of $220,000, in the estate, $185,000 is set as personal property and $36,000 as real estate. WOMAN .MUST STOP PRACTICE Judge Warns Mrs. Fred Everett From ''Tongues of Fire." When County Judge Webster told Mrs. Fred Everett yesterday to return to her husband and attend the meetings of the "tongues of fire" sect no longer, or go to the Insane Asylum, she took the for mer course. "Would you interfere with the com mands .of the Lord?" asked an ardent woman believer of His Honor as Everett led his wife from the courtroom and started for his home at the foot of Cur ry street In South Portland, where he burns charcoal for a living. "In this case It is a question of obey the court or go to the asylum," returned the Judge. Mrs. Evereft chose to obey the court and her' husband joyfully acqui esced. - . . In her cell at the County Jail, where she was held pending the order of the court, ' Mrs. Everett proclaimed -loudly that she had the gift of many tongues aud that but a short time ago "the spirit of the Lord burned the devil out of her." Her husband told the court later that his wife had become frenzied over the teach ings of the "tongues of fire," preached to believers by John Glasgow, a negro, who has gathered many followers to him, who aver he is a saint of God. His wife, said Everett, neglected to cook dinner for him and forgot to come home nights. The warrant for the woman was sworn to by C. G. Brisco, Everett's employer, near whose home at East Twedfth and Divi sion streets, the "tongues" hold forth. - A full dozen of her strange co-religionists, men-and women, black and white, visited Mrs. Everett at the Jail and asked, leave to -hold their services In the corridors. ' It was refused them. Then one, Mrs. Francesca C. R. Grolhpen, told the jailer to lock them all up. "We all have the Pentacost," said she, "and we are all alike." The rites of the "tongues of flame" are said to resemble those of the Holy Rol ler sect, led by the notorious Creffield. Those following it often become affected with a religious mania which seems to put them on the verge of Insanity. Tne tiair from the tall of a bono Is toe tronxMt single animal thread known. No. 31. mii mot rr.T-iit,-iirKi vaNTssTrTirili i - Ml lif in i ii, tV. Lull HJi in. j .i.i j i 'h ii 'it- No. 6S No. 109. Early English finish, JUl It.!. , .j! rencn plate ; regular ijs-ia.uu ; now . , .poa.lMJ No. ssi No. 133. Golden oak, beautiful polish, French plate, regular $65.00; now .$49.00 No. 345. Golden' oak, a very handsome piece, with French plate glass doors, etc.; regular $70.00; now v $49.00 No. 303. Golden oak, beautiful hand polish, bevel French mirror, regular $40.00; now. .$30.00 No. 301. Golden oak, hand rubbed, bevel plate mirror, regular $32.00 ; now ... $26.50 No. 179. Golden oak, very handsome little Buffet, with French plate mirror, regular $35.00; now $26.50 YOU CAN Plate Racks at They, are a new arrival, and sale- this week at - - " pTTlirnTnnrnnWnnWMi'riw !gj A Large Stock of Carpets arid Rugs CORNER FIRST AND YAMHILL - CORNER These Extremely Low Prices for Three Days $70 Buffets, now only ......... .. $49.00 $60 Buffets, now only ....... $38.00 $48 Buffets, now only , .$30.00 $35.00 Buffets, now only ; .26.50 - "We cannot illustrate all of these beautiful little Buffets in fact, only three are shown- here. If you are in the market for one of these handy little dining-room accessories, you should not pass this sale by. "We assure you that you '11 be amply rewarded for in specting the many styles numbered in this great sale. You have, perhaps, learned to know what a Gevurtz sale means. If so, you will need no urging to be on hand during the three days named. Opportune Buffet Bargains No. 2Qiy2. Golden oak, hand polished, like cut; French bevel mirror.' Regu lar price $48. Now $30.00 No, 68. Weathered oak, like cut; large French plate bevel mirror; regular. $50; now ..' $38.00 No. 351.Golden oak, hand nolished, French plate glass, .ike cut, regular $46.50; now $35.00 jolid oak beautiful polish, large HAVE EASY TERMS IF New Go-Carts Just Received On Thursday we unloaded a carload of Go-Carts newest, styles--direct from the factory. Many very beautiful designs. All the latest models, and we sell them at the lowest possible prices, on the 3asiest possible terms. , GET THE NEW BABY A NEW CART. - Give it an airing these fiue mornings. A very little money will secure one of these, say $1.00 DOWN-50 A WEEK. Gas Ranges That Fight the Gas Trust They have patent burners, so constructed that they burn ONE FOURTH less gas than the ranges sold by the GAS COMPANY. They are the kind of range you'll want. Investigate this "New Method" Gas Range. . ' '. Prices are lower than Gas Company's ranges, and we sell them on easy payments. FOUR-BURNER RANGES $16 $1 DOWN, $1 A WEEK. $3.50 MONDAY SPECIAL To introduce our large crockery and tinware de partment, . in the new base ment, we place on sale tomor row (Monday) a large nickel Coffee Pot,- nickel -plated, and having double . copper, bottom. 45c COFFEE POT 15 . These are just like the cut, and are solid oak, golden . and Veatherdd finish. , Size, 3 ft. long by 20 in. high- will be placed on $3.50 $2.50 Converters at $1.15 On Wednesday we place on special sale a lot of fine comforters Fall stock prematurely arrived $2.50 values' for ' the low price of $1.15. Fine opportu nity to stock up on bed coverings at a great saving in cost. : SO DESIRED Out- of -Town Folks Send for Catalogue No matter where you live, you can have all the credit you want. Illustrated Catalogue sent free on request. "Write for it TODAY; oins SECOND AND YAMHILL