THE SUNDAY OBEGONIAX. PORTLAND. MAT 10, 1908.
HAMILTON
M
Hi
T
APPLY TO COURT
i Would-be Candidate May Not
Be Able to Get His Name
' on the Ballot.
FIELDS TURNS HIM DOWN
In IKub( Whether Railroad Commis
sioner Job Hamilton Aspires to
Is Stte or District Office.
Was Beaten in Primaries.
A. N. Hamilton, defeated at the pri
maries for the Republican nomination for
State Railroad Commissioner, will hava
to appeal to the courts for authority to
make an Independent campaign against
Cfydo B. Aitchlson, who won the nomina
tion. It is possible that he will be shut
out altogether from participation in the
campaign, although he announced yester
day his determination of mandamusing
County Clerk Fields for the purpose of
having his name placed on the ballot in
this district.
Hamilton appeared at the Clerk's office
yesterday afternoon with a request that
his name be placed on the ballot, and
was promptly informed that such action
could not be taken, Mr. Fields having
doubt as to his authority to do so. Un
der the law, he said, all candidates for
state offices and for Congress must an
nounce their candidacy with the Secre
tary of State. District officers and local
officers, on the other hand, are author
ized to file their declarations with the
County Clerk's office.
It so happens that the districts having
Commissioners are prescribed by the
same - boundaries as Congressional Dis
tricts. Therefore, the question would
arise as to whether the position of Rail
road Commissioner Is a state or a district
office. Mr. Fields said he wasn't sure
on that point, could gain no illumination
from a perusal of the laws, and accord
ingly could not accept Mr. Hamilton's
name without the matter was first passed
on by competent authority.
Ordinarily, It would have been a very
easy matter for the aspirant for the office
to go direct to the Secretary of State.
But here another hitch occurs, for aspir
ants for state office must get in their
declarations at least SU days prior to the
election. Hence, Mr. Hamilton is too
late to get on the ballot in that way. It
may be that he Is shut out altogether,
although, he said he would consult a law
yer and prepare mandamus proceedings.
KEFERENDUM VOID IX CITV
fi. Cannot Be Exercised Until Charter
; Has Been Amended, Court Decides.
Basing his decision on the ground
that there is no provision in the city
charter making the referendum oper
ative in this city. Judge Oantenbein
yesterday declared void the attempt to
invoke the referendum on the vehicle
tax ordinance. It is now to be as
sumed that the referendum will not ex
ist in Portland until an amendment
has been made to the charter provid
ing a means for exercising the refer
endum. The decision of Judge Gantenbein is
looked upon as one of the most impor
tant handed down in the local court in
years. It holds that the city charter
was not so altered, either by constitu
tional amendment or by the act of the
Legislature of 1907 as to apply the
referendum to Portland. An appeal
will be taken to the Supremo Court at
once.
An initiative amendment to the state
constitution passed in 1906 reserved to
the voters of cities and towns initia
tive and referendum powers as to local
municipal legislation, and provided
that the manner of the exercise of
such ' powers should be provided by
general law, except that cities and
towns may provide for the manner of
exercising the powers as to their
municipal legislation.
The legislature in 1907 passed a gen
eral law prescribing the manner of ex
ercising the initiative and referendum,
but the city of Portland has never
passed any such measure.
Judge Gantenbein's decision was
handed down in the case of George
Lous' against the city of Portland,
which was brought to obtain an in
junction to restrain the city officials
from enforcing the vehicle tax ordi
nance while the referendum was pend
ing. The decision sustains the opinion
Riven by t'fty Attorney Kavanaugh at
tlie time the referendum petition was
filed.
came, however, when he told her she had
no sense and called her a farmer.
That Isn't the only reflection he has
made on her worth, either, she says. He
has called her names which she declines
to repeat in the complaint and has abused
her on numerous occasions. Once ho or
dered her to leave the house. It was his
habit to stay out late of nights, she fur
ther avers, and. all in all, she believes
the splice had better be severed. They
were married in Portland. September
I.1
RESENTS CHARGE OF HURTING
Sirs, Smith Denies Making Love
With Doctor and Preacher.
Mrs. Lenna Smith, a bride of two
months, asked the. Circuit Court for a
divorce yesterday because her huband.
William E. Smith, accused her the other
night of flirting with. the minister of the
church they attend, as well as with the
family physician.
Mrs. Smith doesn't mention the minis
ter or the doctor in the case, but she does
brand as untrue the charge that either
of them ever trifled with her affections.
She says her husband is unreasonably
Jealous, and the mere fact that the
preacher and the doctor were civil to her
does not indicate a serious flirtation, as
the husband charged ngainst her.
Smith's charge caused her great humil
iation, mortification and mental stress,
particularly because it was so decidedly
untrue, she sets .forth. During the few
wooks of their married life she has al
ways conducted herself as a loving and
faithful wife, she further declares. But
It Is all over now that he has accused
her of flirting with the. preacher and the
family doctor, and she wants a divorce
forthwith.
As a further cause of action, she re
cites that on April 19. after accusing her
In the manner already suggested, he ap
plied to her a name found frequently In
Shakespeare's works, indicating a woman
of improper personal habits. A few days
later he got more angry still, and said
he had a mind to cut her throat, but did
not carry out that purpose, taking his
effects and leaving her Instead.
CALLS IlIS WIFE A FABMER
Crystol Weldner Then Appeals to
Court for Divorce.
Oscar Weldner called his wife, Crystol
Weldner, a farmer. Consequently, she
wishes a divorce.
Mrs. Weldner Hied her divorce pro
ceedings with the Circuit Court yesterday
afternoon, for the reason already referred
to, plus the allegation that he has been
continually criticising her. He pokes fun
at her dress, at her manners, and tells
her she doesn't know how to behave or
even tow : to keep house. The climax
36. 1!M.
XO NEW TRIAL FOR AXDERSOX
Murderer Will Be Sentenced Next
Friday Afternoon.
Motion for a new trial was denied Joe
Anderson, charged with the murder of
Harry M. Logan, when the matter was
presented before Circuit Judge Bronauga
yesterday forenoon. Anderson asked a
rehearing on the grounds of Irregularities
In the first trial and newly-discovered
evidence In his own behalf. His claims
along this line were not regarded by the
court as being sufficiently strong. The
Court announced that sentence will be
pronounced next Friday afternoon at 2
o'clock.
Anderson was convicted on evidence
of a purely circumstantial nature of
sho'oting I-ogan while trying to hold up
and rob him. There Is no doubt, the
authorities aver, as to his guilt, and It
is believed the death penalty will be af
fixed next Friday.
D. L. Baker Escapes Trial.
David L. Baker escaped trial on a
charge of falling to support his wife, be
cause the Multnomah County Court yes
terday found It had no Jurisdiction in the
case. The Bakers have been living on a
farm in Yamhill County. The wife says
her husband drove her away from the
place and has failed to provide her a
livelihood for some time past. Both sides
were provided with lawyers, but at the
beginning of the case Judge Webster said
that since the offense alleged occurred in
Yamhill County, the case would have to
be taken there. It was brought out that
the couple met through the medium of a
matrimonial agency In Montana.
DR. SPERRY SPEAKS TODAY
Will Address Men's Mass Meeting
at White Temple.
The usual Sunday afternoon men's
meeting at the Y. M. C. A. will be again
transferred this afternoon to the White
Temple, where Dr. Lyman Beecher Sper
ry will speak on "Sex. Health and Suc
cess.'1 Prior to the address of the after
noon, the lecturer will give an extended
talk on "New Zealand, the Little Giant
Nation." to be illustrated with stereopti
con views. Admission will be only by
ticket to be obtained free at the Y. M.
C. A. office.
Dr. Sperry was formerly a lyceum lec
turer, and is said to have addressed more
Y. M. C. A. meetings than any other
man. He has a happy manner of giving
instructive information, and while sci
entific, he speaks so that he can be
understood of all, and his talk Is sure to
be of lasting benefit.
CITY'S GALA ATTIRE
Portland Will Decorate for the
Rose Festival.
PROMPT ACTION IS URGED
Bridge Petition Checked Over.
The petition for a high bridge across the
Willamette River, below the Steel bridge,
has been checked over by City Auditor
Barbur and found to bear more than 15
per cent of the registered voters. It was
turned over to Mayor Lane yesterday
morning, as required by a charter pro
vision. The Mayor is privileged to sub
mit a separate proposition on the subject
to the voters, but it is believed he will
not do so, as it is understood he will
support the original petition.
President Whltemore Asks Citizens
to Make Plans Xow In Order to
Obtain Best Results for
June Carnival. '
Upon these three little words. Presi
dent Whltemore, of the Rose Festival
Association, declares, depends the suc
cess of the city's decorations for the
big event of the Rose Festival, which is
to bring thousands of visitors to Port
land during the first week in June.
"Portland is a busy city," said Presi
dent Whltemore yesterday afternoon,
"filled with busy people busy attend
ing 'to their regular .business. The
only way for these busy people to get
anything effectively done, outside their
routine business and engrossing per
sonal affairs, is to get them to 'do it
now.' When I think of the Importance
of getting every man started on his
plans for decorating his own individual
share of the city for the big event
only three weeks ahead, I feel like
getting up on the housetops and
shouting: 'Do It now!' Every man and
woman and child in Portland ought to
be planning, right at this moment, for
the decking out of the city in a fashion
to charm and delight the throngs of
visitors from other portions of the
country who will pour Into the Rose
City during the carnival week.
. "There is not a single humble home
in the city but can afford some demon
stration of the festival spirit, and all
the big office buildings, hotels, stores
and shops should already have elabo
rate plans complete. Last year, be
cause no one had thought to order
bunting In the carnival colors far
enough ahead, the supply ran out and,
while the city made a creditable show
ing under the circumstances, the down
town decorations were far from what
could have been desired.
"There will be an abundance of bunt
ing and other decorations available
this year," concluded Mr. Whltemore.
"The committee has seetj to that; it
now only remains for the merchants
and business men to give a little at
tention to the important matter of
decorating to decide on designs, and to
set the machinery in motion for dress
ing up their establishments In fitting;
shape. The women of the city, the
committee is pleased to say, are mani
festing a fine interest and enthusiasm
in the subject, of decorations, -and I
am sure the decorating of the resi
dences will make an excellent show
ing." A splendid resource for decorative
effects, in which the surrounding hills
and suburban fields abound, should not
be forgotten: this is the wealth of
evergreens and ferns tnat may be had
in almost unlimited quantities merely
for the plucking. Brancnes or cedars
and firs and pines offer not only a
beautiful and ready meeans of decora
tion, but will remain green and at
tractive during; the entire festival
week. while the ferns, dogwood
Mrs Caroline Fortune and Her
Descendants to the Fourth Generation
IK v s ' Mas a uskarksbuz y;
ST-" 4 j& OE HALSEY, OK DAIGTZR
MR5 CAROLINE 2VR7Wtf 11
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MRS c Sf.MlI-LEfZ-.
orsMiirv: OSS.
Mrs. Caroline Fortune, who died at the
home of her daughter, Mrs. J. W. Marks-
burg, Halsey, Or., May 2L was born in
Nashville, Tenn., April 27, 1819. Her
maiden name was Caroline Brldgewaters.
She moved to Illinois with tier parents in
1S29, where she was married to Austin
Fortune in. 1835. The latter died in Illinois
in 173. Mrs. Fortune moved to Texas in
1877, to Gold Hill, Or., In 1885, and to
Halsey, Or., In 1906. She was the mother
of 10 children, six of whom are still
living, her son. J. W. Fortune, being a
resident of St. John. Lee. Fortune, of St
John. Is a grandson. Mrs. Fortune lived
to see her children to the fourth genera-
DALE FDRTCNE MILLER.
tton, as shown in the above portraits.
She became a member of the Methodist
Episcopal Church in 1840, remaining a
faithful attendant to her death. Living
for 89 years. Mrs. Fortune witnessed al
most the entire development of the United
States, all the progress in steam naviga
tion and railroad building, and the adop
tion into general use of all the great
electrical inventions of the present day.
I The y
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eTewf!ek
branches and other varieties of nature's
gratuitous offerings in the, fields and
on the hills can be utilized with charm
ing effect to supplement the rose
decorations. "
"Tell everyone to consider himself
a committee of one," admonished Mr.
Whltemore, "to urge all his friends to
make plans for decorating, and to
point out the inducements offered in
the way of prizes for various classes
of decorating. It will take individual I
work among the people to get this city
dressed up the way it should be by the
morning of June 1."
The work of the Festival committee
in arousing the business men, owners
of office and hotel buildings, to action,
has already resulted in some splendid
designs. Manager H. C. Bowers, of the
Portland Hotel, who carried away the
first prize for decorating last year, an
nounces that he has already completed
his scheme of decoration this year, and
that the big caravansary is going to
set the rest of the hostelries in town
a smart pace In competition for the
prizes this year. Dan Moore, proprietor
of The Danmoore, Is also out with a
brilliant design and declares ills hotel
is in the race for the trophies.
KISSING GAMES BARRED
IiOXDOX COUNTY COUNCIL IS
SUES STRIXGEXT EDICT. .
Children In Public Schools Ftorbld
den to Osculate Because It
May Spread Diseases.
LONDON, May 2. Children attending
London County Council schools have
been forbidden to play any games In
which kissing form a part. This strin
gent rule has not been issued with a
view to curtailing the children's en
joyment, but solely In the interests
of their health, the object being to
safeguard them, as far as possible from
infectious diseases.
A notice putting an end to "Klss-in-the-RIng,''
and other kissing games
has ben issued by the Council to all
the head teachers, and Is as follows:
"Attention has been drawn to the
fact fiat in some of the schools kissing
grimes are still practiced by the chil
dren. On medical grounds this practice
is considered undesirable. Head masters
and head mistresses of London County
Council schools and managers of non
provided schools are therefore to ar
range that such games are discon
tinued." A medical officer yesterday declared
that the prohibition against kissing
was a wise irecaution.
"Promiscuous kissing among chil
dren," he said, "might easily lead to
a most serious epidemic of diphtheria,
scarlet fever, measles or any other in
fectious disease. Organized games are
now played in the Council's schools,
and no rational teacher would allow
kissing to form any part of them. That
is a sanitary precaution all teachers
ought to .be acquainted with, and the
notice is probably intended merely as
a reminder to a few teachers who have
overlooked the grave danger to health
Involved.
"A single child suffering from an In
fectious disease might easily cause a
whole school to fall victims to It. I
remember the case of a little. Irish girl
who died from diphtheria. Her parents
held a 'wake,' and 27 children in her
class kissed her. They all contracted
the disease and three or four of them
died.
"Kissing among adults is Just as
dangerous as among children, and this
fact cannot be too widely known. Per
serially, I could never understand why,
when two girl friends meet or part in
the street they kiss each other. Surely,
they can show their affection one for
another in a more sensible and less
risky manner than kissing.
"Jf 1 could have my way I should
abolish kissing altogether. Besides be
ing a positive danger to the public
health generally. It is a stupid. Insipid
custom unworthy of twentieth century
enlightenment."
Temperance Lecture on East Side.
George F. ' Cotteril, of Seattle, chief
templar of the National Grand Lodge
of Good Templars, will deliver a tem
perance lecture at the Second Baptist
Church, Seventh and East Ankeny
streets next Saturday night. Mr. Cot
terlll is a delegate to the International
Lodge, which will meet at Washing
ton, D. C, June 2.
Eye Oiassefl 11.00 at 4etftger'
HANG ON
Coffee Topers as Bad u Otbem.
"A friend of our family who lived
with us a short time was a great coffee
drinker and a continual sufferer with
dyspepsia. He admitted that coffee dis
agreed with him. but you know how the
coffee dritrker will hold on to his coffee,
even if he knows it causes dyspepsia.
"One day he said to me that Postum
Food Coffee had been recommended and
suggested that he would like very much
to try it. I secured a package and made
it strictly according to directions. He
was delighted with the new beverage, as
was every one of our family. He be
came very fond of it and in a short time
his dyspepsia disappeared. He continued
using the Postum and in about three
months gained twelve pounds.
"My husband Is a practicing physician
and regards Postum as most healthful
of all beverages. He never drinks coffee,
but is very fond of Postum. In fact,
all of our family are, and we never
think of drinking coffee any more."
Read "The Road to Wellville," in pkgs.
"There's a Reason."
Ever read the above letter f A new
one appears from time to time. They
are frenulne, true aad full of Bumaa
Intereat.
i
A Comfortable Porch
and a Prettier, Lighter.
More Airy Bedroom
ri
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THOSE things
one longs for
as the out-of-doors
season ar
rives. CI Our win
dovvs this week
contain most invit
ing displays of
. inexpensive Bed
room and Porch Furnishings. There are willow and
rattan Chairs, Rockers and Tables; Crex and Kashan
Porch Rugs and a complete line of Old Hickory Porch
Furniture, fl With the bed
room treatment we display
an assortment of beautiful
Cretonnes, Madras, Mission
Muslins and other Summer
fabrics. Q Our stock of Sum
mer furnishings is very large
our prices most reasonable
X
a'-ijn .inn iriii " iaa
J. G. MACK & GO.
FIFTH AND STARK
ARTHUR ALEXANDER WILL BE
SOLOIST AT FINAL CONCERT
First Appearance Since His Wonderful London Success Will Be With
Portland Symphony Orchestra, May 22.
THE third and last concert of the
Portland Symphony Orchestra
promises to be the most important
of the entire season. Mrs. Edna Jones,
manager of the orchestra, has completed
arrangements with Arthur Alexander to
be one ofthe soloists at this concert,
which is set for Friday. May 22.
Mr. Alexander will arrive in Portland
May IS and his appearance with the
Portland Symphony will, of course, be
his first since his wonderful London suc
cess. . The many admirers of Mr. Alexander's
voice and. his large personal following
will eagerly await his appearance on this
programme. There is perhaps no one
who la more of an all round favorite in
Portland. This, coupled with his success
abroad, will undoubtedly make this con
cert a notable event. Mr. Alexander will
sing with the orchestra, of course; his
numbers will be announced later. After
a phenomenally successful London sea
son, he skipped to the continent, then
Journeyed on to Milan, where he has been
resting and enjoying himself generally.
Mr. Alexander reached America only two
weeks ago and expected to remain East
when suddenly the notion or perhaps the
longing for home struck him and, in
terested as he always is in everything In
the musical circles of Portland, he has
taken a keen interest in the establish
ment of an orchestra here. So he will
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I Arthur Alexander. j
help make the Portland Symphony sea
son a real success and make his first
appearance at home with the orchestra.
The management thinks Portland is
also to be considered fortunate In being
able to secure Mrs. Marfluardt, the cele
brated harpist, as the other soloist.. Mrs.
Marquardt Is an artist of international
reputation, having toured the world
three different times and meeting with
wonderful success wherever she ap
peared. Mrs. Marquardt has appeared
as soloist with Theodore Thomas, Wai
ter Damrosch and the Philadelphia
Symphony Orchestra, and has been given
the highest honors over the entire world.
Portland Is able to hear Mrs. Marquardt.
luckily, because she happens to be visit
ing here for a short time.
This combllnatlon. coupled with the In
terest being shown In the' work of the
orchestra, will certainly make a most
notable finish for this successful season
of our new orchestra. Mr. DIerke Is
working at rehearsals and promises this
programme to be the best of the season,
decidedly.
Ear Torn Orf In Mill Machinery.
Tony Yonko, a young man employed at
the Eastern & Western Lumber Company
was painfully injured at the mill of this
company at 10 o'clock last night. Yonko
in some way lost his balance and fell
into the machinery, his head becoming
caught and besides being badly bruised
almost all of one ear was torn off. He
was taken to the Good Samaritan Hos
pital for treatment.
WELCOME NEWS
To the ladies of Portland. Monday you
can buy fine white waists at Ie Palais
Royal worth 3 for 1.85. 375 Washing
ton street.
? -
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Edith Moxom Gray
who will appear as pianiste with
Bessie Abott at the Heilig Theater
Monday evening, May 11.
All who heard Mrs. Gray's work
with the Chicago Symphony Orches
tra, at the Armory, recently were en
thusiastic in their praise of this
artist's most creditable performance.
Bessie Abott and Edith Moxom
Gray use the STEINWAY exclu
sively. An old saying of Abraham Lin
coln's is: "You will always find
the most clubs under the best apple
tree." Likewise all truly great art
ists who are unprejudiced in their
choice, prefer the Steinway, the
standard .piano of the world.
Shermaniay & Co.
Steinway Pianos Victor Talking Machines
Opp. Postoffice.
Sixth and Morrison Streets.