SATURDAY'S J0URNAL--28 PAGES HANDSOMELY) PRINTED SUPERBLY ILLUSTRATED vol. n. NO. f9. .POBTLANIV OREGON, FR ID AY EVENING, JULY 3, 1903. TRICE FIVE CENTS, JjfiS "WHERE ROLLS " ftV ' r hfT THE OREGON " 5 aKjMrTj , Tonight and Saturday, fair; warmer : uf, , ATTEMPT I)' mrr: v7 .. fV afT-TV W . , m mm a 1 & m v a ai i v i m j m a m m m . m . 1 1 71 iir 1 M I V W J Ml i Bills Are Drawn to, Conform with Old Constitution as Well as to Obey New Amendmen to the Code, Courts. Compelled .to Rejec One Clause and May. Invali- . date Both Referenjdun Caused the Muddle. It la within the power of the courts of Oregon to declare each and every law enacted at the recent eessloa of the (State Legislature worthies and tne work of the legislators to' have been only we, tod effort. This statement la made by leading attorneya 'of . Portland, , and la baaed upon the fact that the "dicta tlons of both the original Constitution and the Constitution in lta amended form were complied with. In drawing the enacting claufteev Now the amended form, . providing tor" refeirt-tnattera of legislation of public importance t a vote of the people, has been declared to be invalid. The result may be that every supposed law passed at the recent legislative session will be determined "only a mass of useless words,- and that .even the appropriation, bills - may be found Illegal. Prominent attorneya of Portland and those deeply concerned in the .work of the recent legislative session express no surprise at the decision rendered yesterday In the Circuit Court of Mult- . nomah County, wherein Judge Cleland declared the constitutional amendment making possible measures of Initiative and referendum for state laws, to be void and Inoperative.. Judges Fraser, George and Sears concurred with Judge Cleland. and It is practically tne unani mous opinion of the Portland bar that th4 Supreme Court can do nothing else than affirm. But members of the Portland ' bar cftntehd that as near as was within hu man power, yesterday's court decision was foreseen and provided against in th4 manner of drafting the measures presented before the last Legislature, and by It enacted. They say that before the final vote had been taken on a sin- X gl measure thia result had been Jore Vcasted with reasonable accuracy and the XVnactlng clauses of bills were drawn f Mcerdlflgly. - - I Decision Baa Meager Effect It Is held, therefore, that the declara tion by the court that the Initiative and referendum amendment to the -Oregon Constitution Is without legal power through not having been properly adopted, will have no effect upon legis lation other than to narrow the lines already open ta attack. ' r AWD TKXSB UHES WZKB ttA OKAlfT, TO XT X C&AX1CE9 BT VKOMZirzirT attoii-BT - who m arvssr ATTBHTIOH TO THB I OBEOOM lAWi jtBOBBTOTASSHDrj nil tiebi xs mot oxrs or tkmc BUT IS OraV TO XZJSCTZOir BT VMM COTXXTS OW THB TBCH.B10AI. OBOTTsTB THAT ' THB BHAOTIHO OZ.ATT8B ZS MOT EHTIBBLT OO. BBOT BT BBASOH Or. ZTS BEIHO BOTBLI. "Be It enacted, by the Legislative As sembly 6f the State of Oregon: Be it SCHOOL GIRLS i TU .ohnni riria of Portland take nal's contest for women. .In all about 60 letters have been received by the Editor of the Woman's Pepartment from school girla under U yeara of age Some of these letters are not submitted In competition for the prizes .offered, but merely tell of the young writers' Interest In the Woman'a Department of the paper. , . Portland school girls seem to be gifted with good, sound Judgment and 'lota of solid Information. Advice Is offered by them In many cases that even the wisest of editors might consider worth thinking, over. For example, -an East Portland . girl, presents a very good plan for advertia Ing the Lewia md Clark Fair and auggesta that the newspaper men of Oregon divide their work of advertising the Exposition Into districts and that a -committee of three editors be appointed for each district to represent the Press Bureau In their section. The contest wlll close on Wednesday of next week and the .prise winners will be announced In The Saturday Journal of July 11. The Journal wants the opinion of the Vomen on the aort of newapaper that they thjnk would b of moat Interest to readers In general and-will reward : thoaa - who send In the best article. . The subject Is, "What Would I Do If I Were Editing a Newspaperr All manuscript mflst be of 800 words or less and must be signed br competitors jrlth iull name and addreee " must -be glvaiv -Names will b wlthheld If writers desire. u.' - ' ' . . wilt Ka i.aMan rafhu than llterarv StVlB. MsnU la scripts must , be written on one aide.. I 1 . . . . . , . i . 1 .... . TM unit -prua la a umiuaumo auitu auvei niui .' make. '" ' , .! ' "t'' . Second prise, a beaten j-copper-mounted, , finished . leather purse; the ' very latest thing In purses.' i' .u " ' ' V Third and fourth prises., year's subscription to The Journal. ' Address-all comrounlcatione to "Editor Woman'a Department," Tha - Journal. Portland, pr.- - .-7- ;"i " ' a 4 a a a ! ! m ' " ' ' mmm mmmmm ' m ' IGTkTH TO OBEY LAWS MAY KILL TH EM COMING HOME. - jr. , ' 1 ) ' Henry. James, the eminent author, who, although born ' an American, has lived in Kngland for the past 25 years, is reported to be contemplating a trip to his native land. The great writer will study us In the Tight of a foreigner and write his Impression concerning us accordingly. 1 enacted br the people df the State of Oregon," Be it enacted by the Legis lative Assembly of the State of Oregon and. Be it enacted by the people of the Bute of. Oregon," "Be It enacted by the Legislative Assembly of the State Oregon; and, also, Be It enacted by the people of the State of Oregon," are some of the forma which were used to bring the various billa Into power, there not being a single .measure, favorably acted upon wmcn aia not in some iorm con tain the double clause referred to. BECAU8B THIS ; SOUBZ.B CZ.AXTSZ WAS .AH. OBVIOUS ATTEMPT TO OBBT ' TWO LAWS AT THB BAHB TZBOB, XT ZB HXZJ' THAT IT OOUXJ) HOT BM A. OIUOT AID ITWCTbl' TO-TKX-Z,BTTKm OBSEXTAHOB ,Or BZTKEX. THIS ISaTEl XT' HBOBS 8ABT rOB -.AT MAST OHB-HAXT THB EHAOTIHO OIWkVSB.Or BAOX LAW TO BB BBJBOTED' BBTOBS IT OAH BE COMB OPIBATITB, AID XT XS DECEASED .TO BB WXTHZH THB P08SIBI.B OWB OP THB OOUBT TO BEJEOT' THB ' WHOLE, IT AHT It was the foreseeing of the flaw in the Initiative and referendum law which brought, about thts , strange condition The attorneys called upon to draft bills to be submitted to the Legislature and t6 pass upon the legality of bills , that had been drawn by others, did ail witmn their power to fortify the ' proposed measures against the serious conse guence of Jhrbelng; j:erdered void by reason' of the initiative- ana rererenaum mendment; being, declared invalid .In the. courts.' In order to do this, they dr.ew the proposed laws to conform with the original constitutional provision 01 the state, which' makes the enacting clause read: "Be lt enacted by the Leg islative Assembly of -the State of Ore gon," and also to conform with the referendum amendment, which posl tively states .the enacting clause to be. Be it enacted by tne people or. tne State of.Oregon." Unit Walant a Portion. - - - tiert - Bpen tfte mftttemf-gr- termlning whtch of the two clauses should be rejected. Had the rererenaum amendment stood and been accepted as legal It would have been necessary fbr the courts to reject the old clause, which read, "Be It enacted by the Leg islative Assembly of the State of Ore- (Continued on Second Page.) INTERESTED a exeat deal of Interest In The Jour of the paper and not rolled. ; 1 , ' i - .Mu,... aafr a iht nnaif WAS LEQISLATURE IS LIABLE TO BE REJECTED TWO Deputy County Clerk Herbeit C, Smith May Succeed Charles A. Brukhardt as As sistant Postmaster, Only Obstacle in His Way Is 0,,r,UnrA 4 k. l,n AU LUJ DUiMiaiuti li ic ivic3.ii vviiu nao Acted as First Lieutenant for Jack Matthews, Postmaster Bancroft Says He Has Not Made the Appoint ment and Pleads Absolute Ignorance in the Matter, Herbert C. Smith, chief deputy oounty clerk for the Circuit Court Division, has been slated for the position of.asols tant postmaster of the City Of Portland, it Is understood that his appoint ment will be officially announced within a few days. Mr. Smith will succeed Charles A. Bi)rkhardt, who will be given another position, provided such a thing can be found. Just what place will be provided for Mr. Burklxardt is not. known. ' Mr. Smith was asked this mornlnc about his prospective appointment and declined either to confirm or deny the report. It Is generally understood though, that he has been tendered the position, and that he will step Into Mr, Burkhardts shoes Just-as soon as an other place . Is created for the latter. That may be one day or one week. It all depends upon the ability of the Re publican leaders to create another place that will suit Mr. urkhardt'a taste, and It is said that Mr. Burkhardt, as a leader of the young Republicans, de mands a position Just aa good aa or bet ter than the assistant postmastershlp. but' it la a question whether the goods will do delivered. Wore, it not- for that question,' Mr, Smith would have been Installed In the postoUlce a week ago. 'Mr. Smith, the prospective assistant postmaster, served four years aa deputy clorlr of the County Court and four years aa clerk of the County Court He wasappoioted -to his present position br County Clerk Fields. He is president of the local assembly of the Brother hood. or Railway Trainmen and Is warm personal friend of Postmaster Bncrof t. - Mr. Burkhardt has had his fingers in the political pot for years. T served a term as chief deputy county recorder and. he -was appointed assistant post master to succeed United States Mar shal Walter F. Mattchews. Postmaster Bancroft was asked about the appointment of Mr. Smith this afternoon, and said he knew nothing about any changes in the postofltce. He had not aopolnted Mr. Smith and Mr. Burkhardt still retained hla position. If Mr. Smith had been appointod. he knew nothing of it, and he had the ap pointing power. From other sources It Is learned that the appointment will be made beyond a doubt and that It t the first cut at Jack" Matthews and the crew of po MticT.l laborers who have been connected with him. ; MISSING STUDENTS SUFFERED TERRIBLY 'arty In Search of Their Dead Bodies- Was fortunate- Beyond Expectation, Journal Special 8erv&e.!hsy GENEVA, July 8. The aeven ' miss ing student; of the Zurich High School were found alive by a party thaf went In search of the bodies. The young men had suffered terribly with the cold and from exhaustion, but It is believed all will recover. AUTO PRIZE WINNERS." (Journal Special Service.). DUBLIN. July .The official awards for the automobile race, made, today, follow: . Janetay, German, first prise; Deknyff, second; Far man,- also French, third. The Frenchmen' have entered a protest against Janatsy, saying he cetve daaslstanca'at one of the control atatlonK . T0 DESCEND PASSED TO WED FITZSIMMONS ul 4 -rj: If F i 1 WW .av '. Lhl a XT n-:-- iV' i ?VO W-S' Robert Fltssimmons. the famous pugilist, is to marry again, although the recent death of-hls second wife Is said -to fhave plunged him into deepest grief. The present object of the heavyweight's .affections is Miss Julia May Oifford. an actress.. Fits says she Is the sweetest girl he has ever seen. This will be his third matrimonial venture. CAR COLLISION . ENDS FATALLY ' a St Louis Experiences Disastrous Calamity by ,' Which Several Will Lose Their Lives Motorman Lost Control of His Car (Journal Special Service.) " ST. LOUIS, July S. Electrlo care collided at Jefferson and Olive streets this morning when Zi persona were seri ously injured. They were all taken to the hospital. Both cars were totally wrecked. The Olive-street car was struck In the middle and at the time it was crowded with buslnens men and SCANDAL' ME WAR DEPARTMENT Secretary Root Will Thoroughly mvesTigaie me uiove uon tract Let Three Years Ago lo E, R, Lyons, 11 t Congressman Littaeur of New YorK is mixed up in me mi fair, but Denies Any Knowl- edge ot uompiicny, (Journal Special Sen-Ice.) WASHINGTON. July . Secretary of War Root has decided xo morougniy in vestigate the ecandal that Jias Invaded his department in the matter of the .u. nnntrarta let to E. R. Lyon during the busy times of the Spanish American War. T.uxiua N. Littauer. Representative from New York, is charged with having piloted the contract through and wniou aHvan to his firm of glovemakers. T .ttnr aavs he had nothing to do With, the advancement of the contract-ana that T.mn almolv had the gloves made ho hla firm after securing the contract Gen. Marshall I. P. Luddlngton, retired. but who was Quartermaster uenerai at th tlma replied : that ha never knew that Congressman Littauer had a thing to do wtth the contract All he knew was tha Littauer was a glovemaker, hutl did not even know that ha had sup plied callings of tha the contract -to Lyon, if Tne war ueparxment win never theless probe the matter to tha bottom.. BY THB women. The accident was due to the Jefferson car motorman losing control of hla motor. A. Kulleh, the motorman Is fatally Injured, also WV. Peck, the Olive-street motorman. The following sre possibly fatally injured: Frank Noon, conductor; Rogers Jamea Wise and John Wesnells. All the others sus tained broken limbs, cuts and bruises. MANY REPORTED KILLED IN FL Another Disastrous Cloudburst Sweeps Death and Destitu tion Over the City of Gaines ville, Texas, Thousands Take to Housetops to Escape the Swirling Tor rents of Water Another Flood Coming, DALLAS. Tex., July 3. A message from Gainesville early this morning wags that' the city " was stmrR by a cloudburst late last night. The entire city is flooded and It is feared many lives are lost. Thousands of people were forced to find refuge on housetops. Water in places was six feet deep. The swirling torrent, gf the creclt swept through the city a mile wide, also the creek west of the town is now a river. Other floods ore reported to be coming down from St. Joe. It Is also reported that the Santa Fe passenger train was ditched three miles from Gainesville by the washout. A telephone message says the engineer. fireman and express messenger missing. - Reports show that the storm damage will exceed J 1.000.000. Gainesville- re ports no Uvea lost. The report received. here this afternoon that the Santa f train near Valley "View turned over from the tracks into a body of water la true,- but 1 It la not known whether the j passengers hava bee I rescued. Last night ? reports were- received - that In : Southwestern Texas a dozen or more Uvea were lost yesterday, r"'J. , 00D LAST HEARST FINALLY GETS IN Great Democratic Leader and Congressman" from New York Meets Oppositoin at Hands of Iroquois Club, One Black Ball Makes His Ad mission Impossible, but His Friends Rally to His Aid and Objection Ceases, It Is Considered a Great Vic tory bv Friends of Mr, Hearst for the Lone Voter Had Per sonal Spite, (Journal Special Service.) LOS ANGELES. July I. Although William R. Hearst Is one of the most popular men In California, owing to the personal spite of one member it re quired two ballots to admit him as an associate member of the exclusive Los Angeles Iroquois Club last night. In the first vote the well-known publisher and Democratic Congressman' from New York received a black ball. Under the rules of the organisation that disquali fied him. Hearst's friends, however, ral lied to him and through a parliamentary quibble, all objection was over-ruled and the coveted admission was obtained. William J. Bryan, Grover Cleveland, Da vld B. Hill. Henry Watterson and Franklin IC Lane, went through the first ballot without opposition and with great enthusiasm. DUNSMUIR STRIKE SETTLED AT LAST Men Go Back to Work at Pra tically What They Got at Beginning of Trouble. (Journal Special Service.) ICTORIA, ii. C. July 3. The big strike has been settled at Dunsmuir's collieries at Ladysmlth. The men have accepted the conditions offered by tne lion. James uunsmulr, which are practically those in effect at the open ing of the strike 16 weeks ago. One hundred and fifty men went to work today. Also about 500 men win be em ployed at the start. PRESIDENT ENJOYS A COMPLETE REST His Family He Is Pic nicking Today On Long Island Coast, (Journal Special Service.) ' OYSTER BAY, July 3. President Roosevelt and his family are picnicking today on the Long Island Coast. The President for one day since his return here is having a complete rest NEW TRAIN ON S, Pr i (Journal Special Service.) SAN FRANCISCO. July 3. The oper ating and passenger departments of the Southern Pacific are engaged in pre paring a schedule for a new train to leave here about noon and take the place of the morning overland on the Central route to carry the mail. It will be made a flyer. Another train on tha Western run will avoid a five-hour wait at Ogden. ONLY FREE PHONE LINE IN COUNTRY OREGON CITY, July 3. Macksburg. 15 miles south of here, la a. live and up-to-date neighborhood. Recently tha young men of tha neigh borhood began the erection of a telephono line and now the line, has been extended In scope until every home In the neighborhood la connected by a "hello" wire. The young men did not ask any franchise from tha county, nor did. they sell any stock in tha line, but have built avery. foot of It by mean of -subscriptions raised In tha community. No charge are made to part lea having boxes. All that any one 1a asked, to da Is to keep, the box at hi house in repair. If the Una gets out of order it la . ptft fet repair by the party Hvlnr nearest to tha disabled part The Una, now connects with 100 homea and la being extended to . Canby, Needy, Hubbard and outlying poatofficea. It la also proponed to shortly : connect the line with Oregon City. Salem and Portland. Tha work haa gone along without tha blowing of horna or unnecessary display.' It la tha only free telephone line in the county. Mackaburg wsa formerly very stroniriy Democratic, but has Utterly drifted Into Socialism, uttttl now the w clallst iand Democratlo parties ra very', evenly divided. SHERRY DINNER BOBS UP Seeley Is Threatened with Di vorce by His Young and Pretty Wife Who Files Pa pers Before Judge Truax, The. Husband Gained Notoriety by Engaging "Little Egypt" to Dance On a Table in Scant Attire. At the Time All Were Arrested and It Now Appears that He Has Again Gone into Unusual' Amusement Forms, (Journal Special Service.) , NEW YORK, July 3. Mrs. Lucia Seeley has filed dtvorce proceedings; against her husband, H. B. Seeley, In Judge Truax's court. Young 8eeley, it will be remembered, made himself notorious at Sherry's in. 1888 when he gave a dinner to hla friends and as one of the entertaining - features he engaged "Little Egypt" to dance on a table in an almost nude at- , tire. The police were called In and a wholesale arrest followed. The parties ' to the disgusting affair were tried In the police courts and fined. - It has developed that the husband has again resorted to unusual forma of amusement not at all to the liking -of ' his young and pretty wife. KTFs. Seeley Is the daughter of the lata V ' Archibald Paul Mitchell and Seeley la V the grandson of the renowned P, T. Bar num, who left him a fortune when ha died many years a'go. Four hundred thousand dollars In cash was tha legacy ' to Selleyv WILL CO BACK AND STAND HIS TRIAL Governor Chamberlain Honors.- Requisition Papers from Ok- lahoma for George Hammils (Journal Special Service.) SALEM, Or., July 3. Governor Cham- ' . berlaln today honored the requisition of ; Governor Ferguson of Oklahoma for one ' George Hammll, wanted in Garfield 1 1 County, Okla.. for horse stealing. Tha f Governor's warrant was placed In the ' hands of Sheriff s. Marrtaanu.ageni.u of Oklahoma Territory, who left for ' . Dallas, where the man la held by Sher- 1 iff Ford as a fugitive from Justice... Hammll was indicted a year ago fot" stealing a horse on October 14, 1901. and after arraignment was released on , ball, when he fled, coming to Oregon. , Lately he was located at Dallas ' ant arreated. ; FORSAKES WIFE- - MARRIES ANOTHER Soldier Deserter Commits; Bigamy and Is Now in Hands of Law. (Journal Special Service.) , FRESNO, July 3. C. H. Evans, i tha pardoned Aleatraz deserter, despHoj tha ; pleadings of his wife, who had stood by ilm through all trouble, lert ner in aa Francisco and came herei He rescued ; Nellie Wright from an electrlo car ac-r cident. and within two weeks married J . her. The fellow has been arrested and, chargod with bigamy. He haa bei : here three weeks emulating Lieut. Mc ; Cue. , ' 1". '", ' " ""r ""t"i 1 ' ''" '-i--'?1 '