iS,r; SITXDAY OREGOXIAX. rORTLAyP, aiARCn 31, 1912.
' ' " " I .1, Jill II II I l
LENTS CHILDREN MAKE BEAUTIFUL PLAYGROUND OF DESERTED GRAVEL PIT APPROPRIATED
BY COUNTY COURT
REHEARING ASKED
IN 51 JOHN'S CASE
City Attorney Grant Files Pe
tition and Replies to Deci
sion of Supreme Court.
INJURY TO CITIES CITED
letter or Law. but Not Spirit, Ifclil
to Have Been Observed More
Liberal Construction of
Measure Aked.
Taking exception to the decision of
the Oregon Supreme Court. In the case
of R. W. McKeon ami others against
the City of rortland. in which the
consolidation of St. Johns and Port
land as Totnd for by the people In 110
is held illegal. City Attorney Grant has
lild petition for a rehearing.
The petition Is based on the opinion
ef Attorney tirant that In making the
derision the Supreme Court deialt with
the letter of the law and not the spirit
Reply Is made to both of the proposi
tions mentioned in the Supreme Court
decision, the first that the power to
repeal a municipal charter Is not with
in the municipality itself and the sec
ond that the consolidation of St. Johns
and Portland repealed the charter of
St- Johns.
UerMes I'tr Rearklag.
"Th ro propositions are of esreptional
importance.' says Attorney Urant in Ills
petition." They are far rearhlnc In
effect and freighted with disastrous
consequences for a number of localities,
because of consolidations of miinlci
Valtties attempted and supposedly ef
fected by proceedings substantially the
aame as those here condemned.
"Bealdea. If it be the law that only
by a vote of the people of the entire
atate can contiguous municipalities be
consolidated, the situation Is extremely
anfortunate for many reasons. Tba
peopl of Eastern and Southern Oregon,
for Instance, will take little or no In
terest In the question of consolidating
the cities of Portland and St. Johns,
and yet It Is a matter of very great Im
portance and concern to the Inhabitants
of the, municipalities and It has been
made manifest that a majority of both
ftror tlie propoaition. It seems much
to them In many matters of purely
local concern. They understand erery
question and problem Involved. The,
remainder of the atate neither under
stands nor cares about any of them.
nd yet to those who do not under
stand, do not care and will not seek
to be Informed, must the question be
Submitted.
People's Wishes Carried Oat.
"If. however, such Is the constitution,
this court can only so declare, but I
respectfully submit that It la quite
manifest the people did not Intend so
to frame the constitution and that in
strument should not be given a con
struction so evidently at varlenc with
the purpose of Its framers and so
certain to lead to consequences vexa
tious and hurtful. If not disastrous, in
many localities. If It will admit of a
construction that will render its pro
visions more in harmony with public
sentiment and mom adaptable to the
constantly changing conditions of a
rapidly growing commonwealth.
"I asrec with the fourt that neither
the voters of a municipality nor the
Legislature can repeal a municipal
charter. My contention Is. thst the
pfkwr t n repeal which Is denied to
(he I-2lldtiire anil withheld from the
voters of municipalities. Is thst repeal
which would entirely deprive the peo-pli-
of a municipality of municipal
KuvrrntiM-Mt
lion Power la Limited. '
"The power prohibited to the Ijegis
lalure it I he power to "enact, amend
it repeal w h i I the power reserved to
the vnt.m of municipalities Is to 'enact
erd amnd their municipal charter.'
which. I ..ilnut. does not Include the
power to reie;il one charter without
suhstKutlng another.
"Clearly then, a a Hie. from an absolute
repeal if their charter, every char
acter of municipal legislation, every
amendment, change or modification of
their municipal government, may be
mnde by the voters of a municipality.
They can add to or restrict the muni
clpsl powers to be exerrised: may
change their form of government and
tr-olr municipal name: extend or cir
cumscribe their municipal boundaries.
( earl Asked to Reeoaalder.
"Why then, msy not two contiguous
municipalities consolidate? Would that
be In effect the repeal of either char
ter? In a setose It would, I concede,
but not In the sense that the power
to repeal Is withheld from municipali
ties "I therefore moet earnestly urge
that In the intereet of the people of
this atate. In the Interest of every 1
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Judge Gate.. Be.ck. I. Ill- Left. Seated. U.lllff H.lf.rd, st-.aing Ue.lde Ilalf.r. 1. the Defe.d.-t, Bart Hlck.tB.ek of the Oefe.dut Are HI. Attor.eys, Joha Log... D. J.
J.h. Hr",e"... ... Chrt. A. Bell, .he L-.t .-e. ,..dl.g Al-o-t AI...lde ... o. the S.me Level .. HlekW. M. D.vK ..d J.h. A. Jeffrey, Sreel.l Pro.eewtor Are Show, to the
l eft of J.d.e G..eM .. the Plct.re I. Viewed. Mr. U.vU With HI. An. Re..l.g .. the Judge'. De.W d Mr. Jeffrey St.adl.g HI. EIbowThe J.ror. Are Se.ted I. Two Rw. of Six .
Leh Ie.el, I. Kr..t ... BeUw the J.Uge. ..d Uep.ty District Att.rwey Flt.er-ld I. Se.ted .t Att.ey'. Twhle .. the Left With HJ. H..d o. the B.ek .f . Chr ..dP.cl.g
VeUJ the n-JL-Mm. Hick. 1. fte.ted Next to the M.. l.der.c.th the C.le.d.r. ..d the Defe.d..t. D.aghter, Mis. Lllll.. Hicks, Is Frt.e.t I. the C.r.er-Tbe Older , the Two Me.
e.r. . the Twhle I. Fr..t .f h. J-ry I. A. M. B.tler. the Offlcl.l Rep.rter-T.kl.g .f Kv1de.ee. Which W .. So.pc.dcd Veaterd.y Because of Juve.He Court, Over Which Judge G.te.a
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municipality of this Ktato, and parti
cularly In the interest of those cities
nd towns which have neretotore out
since, the constitutional amendment in
question went Into effect, consolidated,
this question be ordered reargued be
fore your honors.
"1 submit that the. constitutional
provisions In question are susceptible
of a construction that will avoid the
disastrous consequences which must
result if the decision announced herein
shall be adhered to."
Mliany In tict v Store Building.
ALBANY. Or.. .March 30. (Special.)
A one-story brick store building. SO
by I3 feet, will be erected by Gustave
Hehse, of Portland, on his property nt
I A on and Third streets In tills- city.
The hull. line will cost )snn and Is to
he completed by July 1. The structure
will contain two storerooms. I., by 90
feet and 3J by fc0 feet respectively.
VIEW Or PROMINENT FIGURES IN HICKS MURDER TRIAL, SPECIALLY POSED TOR THE OREOONIAN DUBJNG A RECESS PERIOD.
mm
CHILDREN SHOW II
Lents Youngsters Work
Playgrounds All Day.
on
BRUSH IS CLEARED AWAY
Six Acre Surrounding Descried
Gravel rit Will I Jo Made Into
Place Where Vounjt Per
sons Can Play Games.
Kailj Ing to the playgrounds causa in
Icnts, 100 children got out with shovels,
axes and other kinds of iooLs yester
day and began active work on the Im
proving of six acres of Jand surround
ing a deserted gravel spit, which has
been turned ver to the children by
the County Court through the action
of County Commissioner Llghtner.
Working on a plan laid out by resi
dents of Ients and vicinity, the chil
dren did a great deal toward shaping
the playground out with an attractive
park on one end and a good-slxed base
ball diamond and athletic field on the
other. The work will be continued
each Saturday until the project Is com
plete. The work yesterday was confined to
clearing off underbrush and laying out
walks. The boys wielded axes and
shovels in cutting out the underbrush
and the little girls carted the brush off
to fires, which were set early In the
morning and kept burning until night.
Older people kept busy during most of
the day arranging attractive walks and
selecting places for benches and lunch
tables and arranging the baseball dia
mond and athletic field.
Workers Partake of
l.uncheom. I
The children began work with a vim
There were no drones In the crowd,
everybody working w'th a will and aa
fast as possible. The only lull In the
proceedings waa at noon, when the
women of the neighborhood prepared an
excellent lunch for the workers. There
was a wild scampering for the treea
und.-r which the "handouts" were ar
ranged, and there was an Interesting
n
V 4 ?
scene when the youngsters all sat to
gether and feasted. As goon as the
lunch was over everybody was back to
work and there was no quitting until
the day was gone.
As a result of the day s labor a vast
amount of underbrush was taken out
and small trees which were in the way
of paths and the athletic field were
cut down and the stumps grubbed out.
There Is still considerable work left
before the entire trsct will be free
from brush.
The ambition of the children of Lents
Is to make their playground one of the
best In the state. The work Is being
done with great care, so as not to roar
any of the natural beautiea of the tract,
and the athletic field Is being arranged
for the convenience of all kinds of
sporting events. The entire tract will
be fenced to prevent horses or cattle
from damaging any of the park or the
athletic field.
Tract Once Gravel PH.
The tract has belonged to Multnomah
County for many years, having been
secured for a gravel pit. For years
gravel was taken from one end of the
tract and used In roaA construction.
When the county started to build mac
adam roads and discontinued the use of
gravel, the pit was abandoned. Chil
dren have used the tract for play pur
poses more or less since, but no Im
provements have been made. Commis
sioner Lightner conceived the Idea of
turning the tract over to the children
for a playground, about two weeks ago.
at which time he took the proposition
up with other members of the County
Court. The children were notified of
the favorable action of the court and
work was begun at once.
Commissioner Ughtner is giving
what assistance he can. He has ar
ranged to put a fence around the hole
where the gravel was tajten when the
pit was being used. This fence will
prevent children and others from fall
ing over from the playground Into the
pit. A county steam roller, which Is
working on the roads near Lents, will
be sent to the playgrounds to roll down
the athletic field, and the Road Su
pervisor of the Lents division will as
sist the children In removing stumps
from the ground.
The new playground Is situated a
short distance from the Lents school.
The athletic field will be used by the
teams of the school for all kinds of
sports and gymnasium worn. irapexe
ropes, let icri iiu b iiir ...n in
Stalled and numerous benches and ta
bles will be provided under the trees.
Thfre Is sn Increasing shortage in the
amount of hrrt wor4j produced In Oared,
and the deficiency Is being msd up by Im
portations ;rom the United 8llfi. the vslue
of which hss now reeehed $7,500,000 an
nually. The principal species are .k. hick
ory, tulip, chestnut, gum, walnut, cherry
and hard pine.
mm isii i i teSfeM &1C1 4 mm
J&?:w&c
:&-ft I ft m kmm
i teiiii - .JwKHim
COLONIST RUSH NOW ON
GREAT. NORTHERN- HANDLES
6000 IN 23 DATS.
Western Immigration Agent Declares
Exhibition Cars Now in Enst Arc
Proving nig Advertisement.
Colonist movement to the Northwest
continues at a satisfactory rate, says
Fred W. Graham. Western industrial
and Immigration agent for the Great
Northern Railway, who was in Portland
yesterday. His advices . from Eastern
offices of the Great Northern indicate
that the movement will be heavier this
year than last year.
Up to the present time it ha been re
tarded by the cold weather in the East
and Middle West, he says. Keports
from Eastern immigration agents show
that the traffic through the balance of
the season will be heavier. - There is a
great demand for information and rates
to the Northwest. During the first 21
days of the period the Great Northern
handled 6000 persons to Northwestern
points on colonist rates. There is an
unusual . demand for information re
garding small farms adjacent to Port
lajid. Inquiries continue to pour in
heavily. .
The two Oregon and Washington ex
Mbitlosi cars now touring the Middle
Western States are attracting many
people to Oregon. The car was at Lin
den, lnd.. yesterday. Hundreds of peo
ple coming to Oregon in the last few
T
months have declared that they were
influenced by the exhibition cars and
the possibilities presented by them.
Activity of the Western States, says
Graham, also has caused the Eastern
States to advertise their lands. As a
rule land in the Fast is cheaper than
it Is ' In Oregon and Waslhngton. he
says. There is a noticeable increase In
the number of poultry raisers coming
to the state, according to the Great
Northern's records.
PLEA MADE FOR YOUTHS
Sunday School Hond Discusses Boys'
Religious Training.
William 1. -. Lawrance. of Boston,
president of the Unitarian Sunday
School Society, having . charge of the
Unitarian Sunday schools in the United
States and Canada, was the guest of
the Unitarian Men's Club at a lunch
eon Friday, night at the Y. W. C. A.
About 40 members of the club were
in attendance. William F. Woodward
presided, and speeches were made by
Mr. Lawrance and Dr. T. L. Eliot, pas
tor emeritus of the Church of Our
Father. Mr. Lawrance spoke on the
relation of the man to the problem of
the moral and religious education of
the boy.
Friday . afternoon he., had a - con
ference with the Lrnitarian Sunday
school teachers. Mr. Lawrance arrived
in Portland Thursday evening from
Salem, and was tendered a reception
at the Unitarian Church that night.
Speaking to those assembled, he urged
that parents take more interest- in
Sunday schools.that teachers be more
faithful in. attendance. . and that care
he taken to have the children's - de
wctncjB cosies mlo your
hvt Nearly all the ill of maekioc! abut SS'yf I
I M jjfrom Kidney,Liver, Bloodand Nerwwtroobles. rVj I
n I LiLfS h Uthereforeiaiportaolto know what to dowocn xSvV 1 1 f
There aie six famous asoxdie used daily in.
thousuda of homes
Warner's Safe Remedies
ne best for 33 yeara, each made Iroaa a phfairiaa't
pmcripoon for its particalar porpese.
l-fiU.(Cli3w.J BWe ) 1 fr-.itii IT ..j
y tmi UwImiIj S-Ntt
. S-DiatatM ttmUj ( Artkaa Us)
Ask yotar dnjgist be-knowa.
ratio the coupon below and siail to na for free
teat packace of the particular rriuedy yoa need.
m-4 loci: of 1,000 de.licinuM rreipr. Send hj the
"Safr" trnde-mark CMf from actttal pasteboard
pamaae and is im-rcr.t stamva and Warner's
H
oan ueoc woofc will be
WaiWi
Waowr'a Safe Resnedsei Co,
Rocheatex. N. I.
Sead ate a trcs teatpackaya of yottr
Addra
H 1 1 1 H
partment of the school in a properlr
lighted and ventilaied room.
Yesterday mornins; Mr. Lawrence left
for Hood Riveir. ivhere he preaches
this morning. Vn the afternoon he will
return to Portland. At 6:30 this evening
he will speak to the Young People's
Fraternity at the Church of Our Father,
a.nd later he will preach at the evening
services. Mr. Uhtpiiw will leave tomorrow for
Kvere.tt, Belltngham and Vancouver,
B. C. Ho is making a tour of the
West, and has been as fat- South as
San . Diego.
How to Clear Land Is Topic.
PSans for a. logscd-off lands congress
for discussion of methods of clearing;
and putting in preparation for settle
ment' logged-off lands in Oregon will
be considered at a luncheoii of business
men called at; the Commercial Club by
President Pij-er. ii. F. Johnson, of the
executive committee, and C. C. Chap
man, of the promotion bureau, for noon
tomorrow. A committee will be ap
pointed 'to make arrangements for tho
congress, which is expected to prove of
great value 'in educating the people of
Oregon on the resource at their dis
posal In the lagged-off lands of tho
state.
Court lo Convene at Pendleton.
Judge, Bean.' will convene a term ot
the United Sta.tes District Court at Pen
dleton Monday and it is expected to
last not over two weeks. During hla
absence the court of this district will
be presided over by Judge Wolverton,
who has returned from sitting in tha
United States District Court of the
Northern District of California. United
'States? Circuit Judge GJlbert also ha
returned from California to his home
in -Portland.
botne. Listen to this.
ant twuostpoMt.
Coupsa No. li(5
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