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 .