Sh-h! Don't Give It Away THE JOURNAL HAS DISCOVERED A SCH! gmNCiPAL WHO ISN'T A OF RAIN - I ' ' MH .1 'II, I H II 'T fl I IJ , L !, WHERE RO LLS I ' THE OREGON" $L Tooljrht and Thursday, eeasioosl. rain; southerly wind. v ff WlfinTWir v. VOL. XL 205. PORTLAND, OREGON. WEDNESDAY: EYENING, NOVEMBER 4. 1903. rnicB FIVE CENTS. NSOLVENT UNLESS NEW TAX LAW ortlm P WILL BE i ' Presents a Resolution to the Council ' Urging Calling of an Extra Session of Legislature to Revise Tax Law! Whether the 90 Days' Gause of the Referendum Act Will Affect Any Measure a Special Session Might Pass Is a Question. IS PASSED, DECLARES -MAYOR WILLIA IS . Whereas, The supreme court of the state has decided that there li no law for the collection of taxes for 1904 assessed In J 901; and. Whereas, Under the existing charter of the city of Portland,' It ie( Impossible to maintain a city government without the collection of such taxes; therefore, Resolved, That the governor of the state Is earnestly requested to call an extra session of the legislative assembly to provide for the collection of taxes for 1904. . 4 The resolution reproduced above, ask ing the governor to call an extra ses sion to revise the tax law, was Intro duced at the city council session this afternoon. If the legislature falls to take the necessary steps tt is the belief of Mayor Williams that Portland's mtinlolpal gov . eminent must go out of business next year. "Unless a special session of the state legislature'- repeals the new tax law and passes another statute, allowing us to collect the taxes for 1904 at the required time, the city of Portland will become insolvent next year," said Mayor Williams this morning. "I have loolVd into the question very carefully and I can reach no other conclusion If we are to be deprived of the taxes , it will mean that the municipal govern ment must simply cease to exist. "My idea is that the legislature ought to repeal the new law and re-enact .the old statute. I do not see how any amendment of the new law could avail, for under that law the taxes will not be paid until December, and the municipal ity, providing even that the Jaw was amended and that provision obtained, will have no money next year until Iecember. - . Under the old law we could have the money so that it would be available for the expenses of 1904. The business Interests of the city absolutely require it. I hope the legislature will repeal the old law and re-enact a new statute. That is the best and simplest way to get out of the trouble." Before making this declaration Mayor Williams carefully examined the text of the law and the supreme court's re cent decision declaring t invalid, and reached the belief that mthlng short of an extra session will remedy the situ ation. Subject to the BeferendumT Oneof the serious questions to be con sidered in connection with the proposed special session of the legislature is whether such tax legislation as it might enact would bV subject to the referen dum. The question is an Important one, for if the referendum can be invoked, 90 days must elapse before the legislature's acta can become effective, and this delay would raise new complications which would seriously embarrass the collection of the taxes. The question is Involved In doubt The only Judicial interpretation of the referendum amendment yet made Is that of Judge Cleland In the case of Kadderly vs. City of Portland. His conclusion that the amendment to the constitution was not legally adopted Is yet to be passed upon by, the supreme court, and In the meantime the only safe course is to proceed as if the amendment were in force. By the terms of that amendment th referendum may be invoked in all cases "except as to laws necessary for the Im mediate preservation of - the public health, peace or safety' , The Portland charter act declared that the charter should go into effect at once, after its approval by the governor, on the ground that this .was necessary to insure the health, peace and safety of the people of Portland. In the suit brought by Kad derly against, the city, the question was raised whether such a declaration by the legislature was conclusive, or whether the courts could inquire into the actual existence of such an emergency as would suspend the referendum.- Judge Cleland held that such a declaration by the leg islature Is reviewable by the courts. i He held that the mere assertion by the leg islature that an emergency exists Is not conclusive and that the Courts mav in quire whether In fact It Is necessary for the Immediate preservation of the pub lic health, peace and safety that an act should take effect at once. Beasons Tor and Against If this interpretation is correct, the legislature at its proposed special ses sion could not prevent a referendum upon such legislation as it mlKHTenact pjr xne mere declaration or an emer gency. Any act designed to cure the de fect in the present tax laws and to au thorise a levy of this year's taxes could hot be taken out of the operation of the referendum amendment by the mere as sertion of the legislature that the public health, peace and safety demanded that tne act take effect at once. Assuming that this construction of the amendment will be sustained by the supreme court, it becomes necessary to consider whether the threatened loss of taxes is such a serious calamity that the public health, peace or safety la so in volved as to clearly suspend the refer endum. In the opinion of some attor neys that ifl the case. They argue that the emergency which confronts the city of Portland is clearly one in which the public safety Is involved. Without reve nue from taxes, the city will not be able to maintain adequate police and Are pro tection, and therefore the need of Ira mediate legislation is urgent It Is con tended that the legislature oould safely pass a law to take effect immediately. and that the levy and collection of taxes could then proceed at once without the delay that would be necessary if the law were to be subject to the referen dum. fudge Oleland's Decision. On the other hand. If the legislature pursued this course, and if the supreme court should sustain Judge Cleland's de cision, any taxpayer might then come forward with a suit to restrain the col lection of 1903 taxes on the ground that the public health, peace and safety did not require the suspension of the ref erendum. If a special session should be held in Deoember, If an act authorising tne levy ana collection of the 1903 taxes should then be passed, and if county of ficials should prooeed in January with tne levy, such a suit as that suxxested 0.-1.1 fs-nriLi - 1,1 . , eiati - I vmi uwa eurarwe . . . w , wuum su rauuiiy OI lne tax pro- Washington. Nov. 4. Early this morn The danger that any such suit would .. . - A ultimately h m.r..fi 1. HoKi. cipner aispaicn irom mo " slight for the courts would be strongly " nicn was lmmeoiaieiy inclined to uphold any curative Iegisla- taken to the state department and dl- tlon designed to bring order out of the faetly thereafter Assistant Secretary chaos which has arisen. Still th on. Loomls. Admiral Taylor, chief of the portunlty for vexatious litigation would bureau of , navigation, and .lieutenants fiumpnrey ana uurpny. agents 01 iu army, who recently visited Panama, and If fl, f?,'- " TIllER Mayor Schmitz Elected by the People of San . Francisco COMMENTS BY THE PRESS m our George B. McClcllan Car ries New York by Big Vote Henry J. Crocker Runs Second, While Lane Falls Far Behind Republi cans and Democrats Divide Other Honors. EUGENE. E. SCHMITZ, THE LABOR MAYOR. PANAMA IS FOR INDEPENDENCE State Department Receives Important News From the'Isthmus Strict Orders to Naval Com mandersTown Fired On. be given. As to rilling aoanoles. It is the duty of the governor to call elections to All all vacancies in the leg islature, before convening, a special ses sion, and this has given rise to some question as -to the procedure to be fol lowed in the Ninth senatorial district which was represented at the last ses sion Dy j. n. Williamson, the present congressman from the Second congres sional district.. The difficulty arises from the tact that the last legislature passed a re-apportionment act, whereby the composition of the Ninth senatorial die trict was changed. It formerly con sisted , of , Crook, Klamath, - Lake and Wasco counties, but tinder the 'new ap- portionment it comprises Crook, Klam ath, Lake and Grant. Wasco was made (Continued on Page Two.) AWFU ACCIDENT ON THE HUDSON (Journal Special Service.) , PeekskUl,. '.Vt.'.T Nov. 4. An awful catastrophe, is reported here this afternoon,--In -which many lives may have been loaf s . Terrific explos Jons were heard at 1 o'clock from across the river, in, the direction of Ioha island, the govern menf storage, plant for dynamite, pow der and high explosives. ' ' a ' Fifteen or IS killed or wounded was the first estimate of the casualties. Ater the first explosion the storehouse took fire 1 and it . threatens to develop Into a terrible catastrophe. Further explosions have ; been heard here at Intervals. It is thought the other mag azines, with their many, hundred tons of explosives, are blowing up. " There were 110 men on the Island, and so far as known to thlff hour only ten es caped. The loss of life may be heavy. Seven doctors have been sent from here. - Haverstraw, N. T.. Nov." 4.- S n. m. rTerrlfic explosions occurred on Iona island, the government naval station on the Hudson, at 1 o'clock this afternoon. in the storage plant there. Immense quantities at gunpowder and dynamite exploded and the force was so great In this city, which is eight miles dis tant, that It was-ehaken as by an earth quake. It is impossible to get the de tails, as all wires are torn down. The West Shore railway, which runs 600 yards from the island, is blocked with debris. Sixteen are at this time ' re ported killed, v . Iona island is 50 yards from the west shore of the Hudson river and 40. miles north of New York City. It is a long, narrow strip and was purchased by the government several years ago for 120.- 000.000. It has since been made into Acting Secretary of the Navy Darling, held a conference. Secretary Hay then took the translated message to the presi dent It was deoided to keep the details seoret for the present Although of flclals will not discuss them for publica tion, it is known they -are of the opinr lonythat the Panama revolution will be entirely successful. It Is understood that orders will be sent to the Ameri can naval commanders In isthmian wa ters to prevent transportation of armed Colombian troops across the isthmus. Panama, Nov. 4. Up to a late hour this afternoon the work of the revolu tionists, who at 6 o'clock last night de clared the Independence of Panama, had been proceeding speedily and without undue excitement or bloodshed. It was announced this morning that the first steps for the formation of the new gov ernment will be taken today, when con suls will be elected to take charge of the new government Some excitement was caused by the, Colombian gunboat Bo gota remaining in the harbor after the announcement of independence.' Officers of the Bogota tried to use moral force, but failed. Finally -the commander an nounced that he was about to open fire on the town and fired four shots, one of which landedV but no casualties occurred. The gunboat Padllla, In charge of the insurgents, started in pursuit of the Bo gota, which steamed out of the harbor at full speed. Reports this morning say that the same conditions obtain in Colon as here. Tires Into Panama. Washington, Nov. 4. The following dispatch from the. commander of the Nashville at Colon was received this afternoon: "The Colombian gunboat Bogota has thrown Several shells Into Panama, kill fng one Chinese." The state department forthwith cabled vice-Consul Ehrman at Panama, direct ing him to remonstrate with the Colom bian government and Insist that transit across, the Isthmus be kept free, and that any bombardment of either Panama 01- Colon would be regarded as intoler able by the United States, because of our agreement to preserve order on the isth mus. The state department has been in formed that the revolutionary movement throughout the Isthmus. Is general, and while Colon Is held by government troops, generally they are now concen trated at Bogota, which is 24 days dis tant from the Isthmus, and the govern ment lacks transportation facilities. As a result of the conference this morn ing between Roosevelt and Hay, orders have been issued to naval vessels sta tioned on either side of the Isthmus that It Is the duty of the navy to remain Impartial as between the revolutionary forces, but they are ordered to preserve the Isthmus at all hazards. Beyond 1 these instructions the commanding of ficers will be expected to use their own Judgment in adopting measures. The administration has Information leading to the belief that at least one European nation contemplates sending warships to the isthmus. This, eoupUd with the knowledge that during the whole canal debate several European countries did everything possible to pre vent the ratification, makes it probable that a considerable naval display will be made by America. DOOM S BROUGHT BY CRASHING CAR (Journal Special Service.) Kansas City, Nov. 4. A terrible col lision eccufed this morning between two cable cars on the Twelfth street, incline. One was killed and 18 were InjureU four probably fatally. Emm Oreille was killed, Henrjj Wat. kins was fatally hurt, and S? were mora or r less injured. ; The two , trains car- aa Unmenae storage plant for explosives, rled 100 passengers. The Brit, train lost the rope at the top of the hill and slid rapidly backwards down the in dine. The collision occurred on the long viaduct but none of the passenger cars fell over. Hundreds Jumped and many Lwere hurt in this way. Among the worst injured areMrs. Min nie Schroeder, leg broken; May Clemens, head. and. chest - crushed; Cel la Speth, neck gashed and knee cap torn off; Min nie Sodert rlbg badly, crushed . , (Journal Special Service.) San Francisco, Nov. 4, It was Ions after midnight before the citizens of San Francisco knew mho Is to be their next mayor, but at that time Eugene Schmlts was found to have carried the day and would succeed himself at the city hall. The official count Is the following: Schmlts, 25,826; Crocker, 19,738; Lane, 12,823. The Schmlts vote can be accounted for by reason that he perfected the or ganisation of his campaign. The labor party vote was but 7,000, as indloated by the vote for supervisors. The mayor had the support of the police and fire departments, which, together with the army of office holders at the city hall, gave him a strength Impossible for his opponents to overcome. Chronicle's Comments. ,The Chronicle today makes this com ment: "The people rule this country. and this election proves that an effec tive plurality of our citizens prefer a rule of graft to a rule of decency. We are of the opinion that they will not like It after all." .The Call Is Sore. The Call says: "We take the result with philosophy. A watchful and Inde pendent press can prevent many abuses of administration by timely exposure and in a certain high sense the press holds the commission to protect people even against the consequences of their own folly or Indifference." The Tollers tne People. The Examiner, in an editorial, says: "The re-election of Mayor Schmlts is an answer from the people of San Fran cisco to men who Insisted on taking up an issue of class against class. The vot ers made it plain mat 11 ciass is to be the issue they stand by men who represent the tollers Instead of those who represent the Interests of wealth and privilege." Other Besnlts. The result of more important offices are as follows: Baehr, Republican, for Ruditor: Long. Republican, for city at torney; Curtis. Democrat and Union La bor, for sheriff; Dodge, a Democrat, for assessor: Smith, a Republican, for tax collector; McDougald, a Republican, for treasurer; Godchaux, a Democrat, xor wnnfar! Orelf. a Republican, for county clerk; Bylngton, a Democrat, and TTnton Labor, for CU strict aiwrnny, ub land, a Democrat for coroner; Hynes, nnuuniL for Dunne laminwireiur fahanlnn nd MoKan. uemocrat ana Union Labor, re-elected as police Judges. Hoara 01 bh"' n, hnaxA of supervisors stands 10 Democratic and eight Republicans. Most of the board was re-eieciea. im om tnr auessor Is this: Dodge. 20,000; Bahrs 9 000. Curtis Deai iyncn mi sheriff by 6.000. Bylngton beat Solo tnr dtntrlet attorney by 13,000. Whitney, the Socialist, for mayor, got 600 votes. T.n in a letter to tno iixanunor w Aav Mva he accepted the nomination against his better Judgment He says he knew from the first he oould not win. bnt made the fight as a sense 01 amy. Abe uef Talks. Awrtunf. the mayor's attorney and campaign manager, writes the publlo a follows: "The election is a stinging re- KiiIta n a rotten press and Is a magma cent victory for the people and their chniun renresentatlves. ine result aem onstrates that a faithful publte official. who fearlessly and honestly adminls tered the government for two years cannot be deprived of the people's con fidence by dastardly ana snamemi cam paign lies." DEMOCRATS JUBILANT Cause of Republican Defeat Assigned to Several Causes Reports' From Olher States Show Victories for Both Parties. LABOR IS AHEAD IN RAILWAY STRIKE (Journal Special Service.) New York, Nov. 4. ?A decision was reached in the matter of the labor dis pute between the Amalgamated Railway employes and the street car companies at San Francisco, after several months' investigation by ; the- arbitration com mittee. The terms have not been ; an nounced , beyond the fact that Isadpr J Btrauss, tne reieree, iouna in lavor 01 the men in, the point or increased waxes frnm SS to J7 cents -Per hour. . No (Journal Special Service.) New York, Nov. 4. Not In the history of this city has a more satisfactory vic tory been secured by the Democrats than that of yesterday, when George B. Mc Clellan was elected mayor of Greater New York by a majority of 61,414 votes, Mayor Seth Low, backed by the Fu slonist party and enjoying the support of the present municipal government machine, went down to defeat In a man ner that surprised everybody. Edward M. Grout is elected controller and Charles V. Forges president of the board of aldermen. Grout and Fornes were put off the Fusion ticket .because they accepted nominations from Tarn many. The moat surprising thing eon nected with yesterday's elections is the fact that both carried Kings county where Hugh McLoughlln, the veteran leader, was lined up against them, be cause he openly said he would not sup. port men who were not Democrats. This led to a split in Kings and Patrick McCarren was called to assume the lead ership of the Tammany end in that dls trlct Mayor Z,ow Hot Popular. The results throughout New York go clearly to show that Mayor Low is not popular. That his administration met with the approval of the majority can not be questioned, but personally he was not liked by the leaders of even his own party. This is exemplified by the atti tude of District Attorney Jerome, who was determined that Low should not receive the nomination, believing, as he said, that he could not carry the city, but on the other hand would lose out by 60,000 majority. After the Fusion lsts nominated him, however, Jerome en tered Into the fight and made desperate efforts to secure the election of Low. But people, remembered his early say ings, and when they heard him apeak about the city, they would say, "Jerome knows he's a fighting loser." So far as an "open town" policy will be a part of Tammany's administration scheme, there are many conjectures. '. Those who have lived in this great city all their lives believe that Puritanical I,, 1 11 1 1 (Continued on Page Two.) EXPLAINS HIS ACTS Governor Chamberlain Re turns from East and Reviews Situation IS SILENT ON TAX LAW Disappointed at Washington, But Suc cessful In Establishing Better Relations The Ignorance of People. (Journal Special Service.) '. Salem, Or., Nov. 4. Gov. Chamberlain arrived last evening from his visit to Washington, D. C, and Natches, Miss., after an absence of over three weeks. He reports a most pleasant visit to his old home In the South, but Is pleased to be back In Oregon once more. When asked regarding the supreme court decision on the Multnomah county tax case, he stated that he was not prepared to say more than he had already sent to The Journal, as he had. not yet seen the decision of the court, nor had he familiarised himself with the conditions as they existed In the different counties in the state, and their needs, and he would not say as to what course he would, pursue until he made an Investigation. . Regarding his visit in Washington, .he stated that he 'was well satisfied, al though he had not accomplished all that he had hoped for when he went East Regarding his mission to Washington, the governor said: Xls acisslon. "My purpose was to try to get the secretary of the interior and the com missioner of the general land office to adopt a rule . by which purchasers of lieu lands would have the preference right to purchase from the United States the state lands cancelled. In that I failed, though I feel that the trip re sulted In a better understanding with the officers at Washington in reference to the publlo land system, and I do not regret having taken it. I am sure, I : gave the secretary of the interior Infor mation on local conditions he did not have and could not have or get f "He claimed that the federal land de partment did not have the power to give purchasers of lieu lands In Ore iron a preference right to purchase under the federal laws, after selections, by the state had been held for cancellation, without additional legislation by con gress. I insisted that the general land office had that power. His suggestion was tnat tne state had it in its power to protect those who had purchased lleit lands by adopting this course: As soon 1 (Continued on Page Two.) , . , "LET CHILDREN PLAY IN THE RAIN" "I do not believe that a little rain hurts the children," remarked Principal A. R. Draper of the Atkinson school. "Of course, if it is pouring down in tor rents, it is not best to allow the boys and girls to get their clothing wet but I believe the average Portland drizzle harms no one. The children would get wet anyway rolnc and comlnr from school, and at home, so I allow them to play outside all they want to while under my care. It is the child that is kept housed up all the time that is in jured by a little exposure." The Atkinson school at Twelfth, and Davis streets, is the oldest in the city. It was built over 40 years ago and is not provided with modern improvements. But If the 675 children do not have Just the appliances that, some of the other pupils of the city, they are blessed with playground ample to accommodate them all, and they can romp and play to their hearts content during the re. cesses. Wearing a cap and without am. brella or overcoat. Principal Draper may always be found on the . playground among the boys during the recesses and a short time before' school opens rn the morning. "I have never felt any evil effects of my getting under an occas ional shower, said Mr. Draper. "In fact I believe the rain does me good. "The bora play blackman and tae here on the grass, and they are permitted to play handball. - It is good exercise and tf they occasionally break a window they pay the janitor to have It replaced." Building la Bad, Bepalr. The Atkinson school consists of-'two two-story buildings, the Smaller ' one having been built about 16 years aro. There ure 17 rooms . in the two build ings, beated by stoves- and. depending on the Windows Xor ycatUatioh, Tb ccmrl5, between the two buildings t floored but Is sadly in need of repair. The boards are rotting and in places there are great holes. The stairway and floors in the main building, are worn. Big splinters stick up from the flooring and the stairs are so worn that they have been covered with rubber matting. The steps outside are too . high for the smaller children to walk down without subjecting, themselves to a Jarring strain.-' ? -v . With the exception of two of the pri mary rooms all the rooms in the build Ing are about the same size as those og the Park school, namely,-J7 by tS feet, with 16-foot ceilings. The two smaller rooma are 1 by J4 feet with 16-foot ceilings. "These get . rather stuffy at times." said Mr. Draper. t There are two basements In the smaller building 24 by 37 feet with 11 foot ceilings. The atmosphere seemed pure in these rooms, although the clos ets are not artificially ventilated as in ' some of the other schools and are not modernly equipped. Talk of BebuUdlng. ' There are four rooms In the base ment of the main building, the larcem of which IS 14 feet wide by 71 feet in length, with a 10-foot ceiling, is used as an assembly hall- The - basement are warmed by stoves. With the exception of the Hlxh sefmot all the buildings used for educational purposes n the city of Portland are con structed Of wood. Jo replace tie At kinson school would'cost about t-;o 0 , . This the patrons of that s1i"'j1 I ivi been anticipating for some time As In the other public school 1 ( n city. Principal Draper nHows r?--r ..'..-, of some kind to the jvrli -imy' t I every half hoar, acd to U. C. : . f v; i every hour, i .