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VOL. VI. NO. 163.
XS .ftp 1 '
EWURS ' .
. , ,; . . . ... ... .. : ,
SUIT FILED BY TRUST WILL DECIDE
. muatiti itiym in m
1 '"- - r''
v ings Under -Act Proves
Thorn in Side of Ctavora-
-tion United States Su
preme Court to Decide.
agon's .Initiative and referendum
ndonent to the state eonstltvtloa, the
ct primary law and every law con
y to the constitution of the United
as are null' and void - and ' will be
i red eo If the charge made by the
, flc Btatea Telephone Telegraph
- y are upheld by the oourts. -The
k on the Initiative amendment waa
j by the telephone opmpany la the
lit court thla morn inc. and at the
time the way .waa- paved for an
71 -to-1 ha- supreme -court --of the
. 1 Statea. where, the validity of the
i'kve and referendum In . Oregon
jJtaaUw- be- determined' -.t
hon are- ralaed- tn th-i'V t brouaht
'ie atate to compel the ''telephone
jj liy to par f 9,600.J aa t per ent
' on their eroaa earning under the
' initiated by the people In June, 10.
' i t Allegaa Act Za Invalid.
' r company thie morning ftlad an
er to the ault in the circuit court.
; irlng that the act levying the tax la
, lid becauae (t waa Initiated and the
' active amendment . violate eight aec
4 and the fourteenth amendment Of
ntltution of - the - United Statee,
Slrty-aecond aectloti ot the conatl
' of Oregon, and etatutea enaoted
. greaa and the legislature of Ore
: -y the legialatura of. Oreaon, and
,trary to the Implied provision f
ideral constitution that the gov
" ls of the several states shall be
Can In form, and .that each of the
hall create ana inainiain rep re-
la leglsiativ aseemoiiea. vioia-
sections anc articles or toe
I -on are specified as follows:
ie Initiative urporta to create
Lture of the people . or entire
voters of Oregon, making !t
le to determine the quallllca-
tcessary for repreeenlatlvea in
:on legislature, and therefore
ificatlona far representatives In
: i. . ', ' . i. violating article Jl, section t,
(house of represents Uvea shall
" sed of members chosen every
, ' ear by the people of the ev
" nates, and the elector ta - each
' (hall have the qualifications requl
, r electors of the mast numerous
- j of the aUte legislature.". ;.
: Xaterf erea wltk Xleotlons.
" That the initiative deprivea the state
, 'xislature of the power to consent- te
j he purchase by congreaa of places In
Vegon for forts and arsenals violating
t tide-. 1, section 1, subdivision -II,
hlch i-eads: - ., ...
- VThe congress shall have power to ex
' Uae like authority over all places
chased by the consent of the legisla
te of the state In which the same shall
for the erection of forts, masa
C sines, arsenals, drydocka and other need.
' That the Initiative deprivea the state
legislature of the power to prescribe the
. time, nlace and manner of holdln elec
tions ' or senators and representatives In
, con " as. violating article i, section 4.
wl - , aars:
-i time, places and mannera of
(Continued on Pag Two.)
CH NOTICE OF THIS
(EAT FOR READERS. ; ;
IRROW WILL CONTAIN:
tory ot the fan-American
u and Its .Promoters, i .
Hubbard's Experience at
oon's Training School.' -cience
Is Savina the Babies.
ting Relic of the Seize, of
' ifcte. Its Many Uses and How
s Manufactured. '
'tr to the Strange Query, "Do
V Possess Intelligence r
' iing the World's Greatest
tals by Charity. .rr,
R omances, of Royalty an
r.ly interesting story of
, ";an nobilitys love adven-
. .. ' ' '
i. t JlSlCJ s,
t'not forget Maud, Happy
J' an "and The Journal's
"Best Comic Supplement in
jrthwest", -. .
'' ' - -
j'jndoy f.Jcrnin Oregon
1 1 U I lUIVHLI 1 1
SOME OF THE EXCUSES OFFERED FOR
1 FILING THE SUIT."
These are the grounds on which it is alleged lhat the fed
eral constitution is violated by initiative and referendum law.
Deprives legislature of power to consent to purchase by
X -con gress of places in OregoaJ
Dnri vm IcOTslatiir of nnwer tr. nrescribe time, olace and
Art I . lu
?'v ; Deprives legislature of power to direct manner in which
state shall appoint electors tor
: natsmiraa- tAa1 AvtrA vl" rvnrr irMlGnt n 1linfMt At"
Oregoa with other states or parts of states. Art. IV, Sed III. ?
- Deprives legislature of power to apply to United States
for protection from domestic violence. Art. iIV,;, Sec. - IV. '
Deprives legislature of .'power, to -apply to congress for f
conventions to propose amendments to ieaerai constitution:
jr. and. of power to ratify constitutional amendments!. Art V, :
Deprives-legislature of right to choose senators to con
gress. ..Art. I, Sec III. : ;'y " -: J
. Violates rights, privileges and immunities granted cor
porations. Amendment XIV, Sec. I. .'. :
Is unrepublican, and violative of a . republican' form of
government. Art. IV, Sec. IV. ! ; ; ' ,
i yCEWK ON
Oregon Savings and Trust Company Viir Probably Be
We to IT Sumtol)epo5ito
er's Kcport Is Expected Jlonday. . I ;
if onday-or Tuesday of next week will
probably be the date of filing of the
report of Receiver . T, C. Ievlln upon
the -eondlUou of the Oregon Savings and
Trust company, r No ' intimation . has
been Secured from the bank aa to what
the report will Indicate, but there la
reason to believe that. under the disad
vantages that are the usual rule -of
liquidations and receiverships the bank
ultimately will not pay depositors mora
than 0 cents on the dollar.
When the Question of the probable
amount of money to be realised br the
depositors waa put squarely to Receiver
Devlin today, he saia:
"I nave at no time saia to a depositor
that any - specific amount would be
realised, r I have not aald the bank
would pay 100 per cent nor Z0 per cent.
The bank will simply pay whatever
there la her to pay. At first things
looked somewhat different from what
thev do now. It Waa ImDoaaible at the
start to -obtain any accurate Idea aa to
so large a ouainess, wnicn nan been
running two or three years, we are
working aa hard aa we can upon the
receiver s report, and, it mar be ready
next Monday. " - - - -
While the bank may have been sol-
; HAY JOTORLIY
Americans Opposed to Mrs.
5 Besanfs Faith in Spirit
: World ' Masters.
' (United Pnws teased Wire.)
- Chicaro,k Sept 14 Opposition to Mrs.
Annie Beeant of -Adyar, India, world
preeldent of -the ; Theosophlcal Bociety
of the World, la already taking shape
here, and before ' the ' convention of
"adepts la brought to a eloae It 4a be
lleved that many stormy aesstona -will
disturb 'the Universal Brotherhood.
, Hundreds of "adepts" are gathered in
this elty today to attend the twentieth
annual convention of the society, whloh
will open at Kimberly hall tomorrow. ,
The opposition to the gifted Mrs. Be
sent is said -to be stronger among the
American contingent than - the other
clasaee. and It le claimed la based on
TWO CENTS IS SUM
DEMANDED LV SUIT
- AGAINST VANCX)UVEB
(Jpeelal Dtapatefe te The 'eeraal.) .
e . Vancouver, B. C, Sept, 14. 4
d ' James Dlcjc, a well-known club-
e . man. will aue the city for two
d cents. When he paid hla taxea e
-a-faeK-tlaya aga tha canta.columae
of hla bill ended -la tha figure a)
' "8," and paying ( cents ha asked ( 4
d for I oenta In change. The clerk d)
a Informed him that eenta waa
d tha lowest legal tender . In Can-
ada, and there was no change
e .coming, lie will, make a teat , a
4 - case of it in the courts. , - ', d
' v, . ' "
nr ti ir a at
Ur 1 til ttul
orarsenals aiid forts. :Art..If X
presiaent.. Art. u, ice. x. . -a
... . :ofy -.
T 'f--.- .'-
vent the day- It feuspended, tha delays
and difficulties In the way of a settle
ment by receivership are so great that
It-la said to be next to Impossible to
realise full value on assets. The feat
has been accomplished by other banks
but not often.
. The movement to reorganise and re
open the bank Is receiving strong sup
port among depositors. The committee
of the depositors' association Is meet
ing almost dally with the bank'a offi
cials, and it Is said the disposition to
Join In tha plan submitted la - almost
unanimous. . . - .
, President Moore said:
"The reorganisation plan la getting
along very -well, and la receiving .good
support from the depositors. As to the
bank's liquidation and the prospective
amounta of money depositors may re
ceive. It ought to be understood that
although the bank may have been sol
vent the oay-it suspended, -the-usual
course of receivership Is a long-drawn-
p la a
out ana expensive arrair, and may take
from two to five years or even longer.
out and expensive af
and may take
The nature of the bunlneaa to be set-
tled.up sometimes requires a very long
time, in order to get It settled to the
betd vantage. If the bank la re
opened under favorable conditions such
aa we.hope t obtain, the stock will
within three months be valuable." .- - - -
' Jr.,., j'
purely ethical grounds, although the
question- of spiritualism also enters. -
Many of tha members fear that Mrs.
Besant will again place Charles W.
Leadbetter. a former prominent theo so
phist, who waa driven from tha society
for gross immorality. In a position of
Influence. Others are opposed to Mrs.
Besant because of the new dogma pro
mulgated by her that the affaire of the
society are governed and her nomina
tion and election made possible by In
visible 'masters" of the "spirit world."
The Theosophlcal society was organ
l?.d y Mme. Helen P. Blavataky and
Colonel Henry Steel Olcott, the latter a
veteran of the civil war and onoa a
well-known newapaper man.
CANNOT Alt) LUMBERMEN
rVashington -Railway Commission Receives Reply ,to Ap
v peal Adviscd,to Secure Injunction but ! ' -it:;
4 ; Find It Is Impossible. '
i (Special Dispatch to The" yeeraat) -Olympla,
Wash.. Sept. 14 The rail
road commission haa received a reply
by telegraph to Its recent request that
tha interstate commerce commission
prevent tha putting In of the proposed
Increased lumber rates.
; Tha reply oomes from the secretary
of the Interstate commerce commission
and states that tt will be impossible for
tha commission to prevent that rates
s-otti rtttto7 aTTectr it H - wuigeatsd-to
the Washington . commission, however.
In the telegram received that Injunction
proceeding might be brought In the
United Slates court to prevent the rallf
roads from putting in the rate, as waa
done recently by milk dealera who pre
vented the railroads from Increasing the
milk rate, by securing an Injunction
from federal Judge fclohlaaat -of Illi
nois. Investigation, however, shows that
the proposed milk rates wbiua the rail-
M n TV .1ST
t Ul I I III UU I ; ;
Portland Schools - Crowded
- With 2,000 More Pupils
Than Last . VelFliT
tions Require That Facul
ties Be Greatly Increased.
Assembly Italls Will Have to
Be Utilized to Accommo
- date OverflowHalf Day
Sessions Will,Be in Vogue
at Arleta School.
- That " there . will be an ' Increaaa of
from 1.500 to 1,000 pupils in tha olty
schools thla year, and that from 10 to
40 more teachers will have to be em
ployed before Christinas la firmly be
UeveVl by the school authorities.
Never in tha history of the Portland
echool system has so great an increaaa
over a preceding year been so apparent.
While the preaentataf Of 1)0 teachere
waa elected to take ears of a reasonable
Increase, that force will be ' wholly In
adequate' when the new buildings are
turned over to the district between the
first of October and Chrlatmaa.
- It will be necessary for tha first
month or six weeks to devote, the aswy
semDiy najis in me mgniana, inomp
son, - Shaver and Holladay buildings to
accommodate the overflow enrollment.
Xalf say Sessions la Vorae. .v' ;
In the 'Arleta building , it haa . been
found necessary , to divide the classes
so that one half may attend school dur
ing the morning -hours and the other
half durlnv the afternoon. - The new
Vernon school building will not be ready
for occupancy until about Christmas.
It la expected that the new additions to
other buildings will be turned over by
the contractors about the middle of .Oc
tober or the first of November.-
Over BOO teachers gathered In tha as
sembly hall of the west side high school
st S o clock this afternoon to receive as
signments and necessary Instructions
tor the opening oz the city actiooia Mon
anv new faces were seen among the
large Starr, and the outlook all around
Is for the beat year In the school his
tory, notwithstanding the fact that the
early weeks of the first verm will see
the buildings uncomfortably crowded.
This Is due to the unfinished condition
of a number of the new school buildings
County School Open Monday. -
Superintendent Robinson of the Mult
nth county schools ststed this morning
that with rew exceptions all ot the
county districts would resume work
Monday morning. The Russelvllle
school, the Sandy road school and the
Cedar school took uo the year's work
last Monday morning. - usually in tne
county tne .Beginning or tne scnooi
work is determined by local Industrial
conditions. In districts depending on
berries, aa Is the ease at Ruaaelvtlle. the
work fa taken up earlier so that the
close In the snnna can be made sooner.
. inasmuch as me new docks are to no
placed In the schools during the open
ing ternv-it will require several days to
ret me worn ruuy unner way. Mr.
Robinson haa recommended to the several
districts that all of the changes be
made Immediately excepting In the
caaea of those grades which will com
plete the work - In - February of thla
school year. , - r .
Every school In the dtstriot Is sup
plied with teachers. The two high
schools outside of Portland have splen
did prospects for a good year. St.
Johns Is employing three teachers In
the advsneed course and Oreshain haa
two teachers. -
roada arranged to put In were In them
selves discriminatory and did not apph
to the general public. In the case of
the propeeed lumber rate Increase.
point could not
be raised, aa the new
rate will apply generally,
"Th Oregon railroad commission re
ceived similar notice and suggestions
from the en me source, but Instead of bo
ng satisfied therewith wrote a letter to
he, Interetate commence commission.
explaining that the position or the com
mission, is well understood here, but
that what la really wanted until the
mattwr-tias been Investigated la forthe
commission to Intercede with the raiN
roads in behalf of the lumbermen to
have the date for the new rate post
poned until after tha matter haa been
penned upon by- the commission.
The matter is deemed of such great
Importance tn the. community at iHrge
that the lumbermen believe It should be
Investigated before the higher rate Is
charged, since It will affect the business
.(Continued on Pa,
NEXT CAMPAIGN ISSUE
VICE-PRESIDENT FAIRBANKS, W
VWILL BE 5 THE KEYNOTE ": O
Fairbanks! Declares. That! the
- ; ; 'Greater Than ; Those . of Capital- and That
f ' A ' Roosevelt Cannot Be Censured. - - -v -
. (DslUd .Prew Leaatd Wire.)
" ndlanapolis.- Ind.. Sept 14. Vice
President Fairbanks, 1 In - an' interview
nera- today, -said that' prosperity .will
be the paramount Issue of the next
campaign.. ' i. i I
Thera la always anough "hard times
to go around," he said. . "The man la
dull Indeed who believes that the wak
ing up of the' people to their rights and
HEW ORLEANS IS
TIED BY STRIKE
Doclnyork'ers Refuse to Han
die CbttbiT Galveston' :
v , Lonsrshoremen Win. j, i
.'.. - - ....... . -
(United Press Leased Wire.)
New Orleans, Sept. 14. The port of
New Orleana la effectually tied up by
the strike of tha longshoremen. The
unions flatly refuse to meet tha com
mercial exchanges. Aa a result, an In
vestigation cf cotton hauling -In other
gulf porta will . be made and there is
every probability that the. entire sys
tem in vogue will be changed so 'as to
pay tha laborers so much per. bale In
stead of by tha hour.. '., ; , j. . . : . . ; ;
Galveston, Tex, Sept 14 --The atrlke
of the -1,000 Southern Pacifio dock
workers has ended. The officials con
ceded the- demands of the men after
failure to procure strikebreakers with
which to -handle the Immense freight
blockade. . . . ,
DcsperadoesAre Captured in
'. Miniature Catacombs
' T After Battle. ; V
7 - (DalUd - Preni - Uea Wire.) ,
Lisbon, Sept 14. The discovery and
roundup of a gang of desperadoes In
the miniature cataoomba In tha suburbs
haa revealed eight partiv decomposed
bodies and heape of human ( bones be
lieved to be the remains of mysterious
ly disappeared victims. A doien men
were arrested after a ''pitched, battle
with the police. .
HO . BAYS' -THAT "PROSPERITY
TH E ; COMING ., PRESIDENTIAL
i Interests i of 5 Labor Are
wrongs can - be smothered. - Tha public
oiiiciaia. irom tne . presiaent uown,
should keep 1n. touch with the' great
mass of people. The highest Interests
of the 'American people are the com
mon interests, and we "must keep up
or down together.., The Interests of
Isbor In the making of our welfare are
greater man mat, or capital. - no one
oho rightfully reproach President
Roosevelt for -nis prompt enforcement
of the laws.". . t
TO REPEL JAPS
Colonel Glassford Declares
; ; ", United States: Is Pre- T
spared for War. : -
' " MPeclfle Ooeit Prese Leased Wire.)
San Francisco, Sept 14, Lieutenant
Colonel W. A. Olaasford, chief of tha
signal corps of the department of Cal
ifornia, has Just returned from an ex
tended trip on leave of absence through
Alaelca snd the Hawaiian Islands.
Colonel Glassford made a cloee study
of the strategic positions of the United
Btatea in Alaska and on the Hawaiian
Inlands, and believes that Uncle Sam- la
fully, prepared to cope with the Japa
nese situation In the event of hostil
ities. He regards the transfer of the
fleet of battleships to the Pacific coast
as neceesary to Us protection. He says
the Improvement of Pearl harbor. In
Hawaii, should be made at once. ' '
Colonel Qlassford is not alarmed at the
Immigration of Japanese to Hawaii. He
says in case of war the American navy
would drive the Japanese vessels from
the .Bandwlch, Inlands snd the Japaneae
would Scatter to the Interior. : The more
Japaneae there are on the Inlands tha
easier the task would be, he claimed-
JOHN FOX EXPLAINS :
OBJECTS OF CONGRESS
v, : .(Flfl '.Obest Preee Leased Wire.)
' San Francisco, Sept 14. John A. Fox,
Special director of the National Rivers
and Harbors congress, has arrived here
and on Monday evening he will leave for
a tour of the harbors of California. He
comes to California In ths interest of
the congress, explaining Its objects snd
work and gathering dm relatlng.AOlha
rivers and harbors of tha state.
LUCANIA FALLS BEHIND
HER lv)RMl. RECORD
:V " ' i
(rntte4 Peens Le4 Wire.)
New Tork, Rent . 14. The Cunsrdef.
t.ncanla, arrived today.- It hours later
than the: I.uxltunla. wlilf-h r""""-"! her,
and seven hours lit-hind Iter own tl.aa,
Cast-Off- Wife, of, Artist Is
Greeted - at Boulogne by
"Husband Should Be Proud
; of Miss Kuttncr.
French Woman Feels No
Pain Over Separation and
Via Surprised at Notoriety
7 Caused by Her Actions
Is Not Jealous. ,
(United Press Leased Wire.)
- Boulogne, aur Mer, Sept 14. Mrs.
Emilia Earle, whose husband, Ferdinand
PInney. Earle, the New York artist, cast
her off for his "affinity," Julia Kuttner.
with her 1-year-old aon Harold,, baa ar
rived in Boulogne.
- Lieutenant Fishbacher of the French
navy came up from Paris to meet his
sister. She greeted him with a bright
smile and waved the tiny hand of the
fair, round-faced baby in her arms to
the handsome,- well-dreseed Frenchman,
who had come to take the deserted wife
back to heA father's home In Paris.
As the gangplank Waa lowered Mrs.
Earle skipped down It with the light
heartednese of a young girl and kissed
her. brother affectionately. She con
sented to be Interviewed regarding her
present and future plana and the causes
that led up to her remarkable renuncia
tion of her husband.
"When Ferdinand and I decided that
our patha must separate," she said, "we
never dreamed that It would create so
much excitement and. interest, all over
the world. 1 -
"It waa the very thing to do. We
could see no other way out of what had
become a miserable situation. It was
an unhappy. If not painful, realisation
that- we could no longer live together,
and we parted. '
"You had not a woman'a qualms of
remorse no Jealousy T." was asked.
"No, not Jealous," she replied, "but of '
course there was unhapplness In It for
all of us, for Hiss Kuttner, for Ferdi
nand and for myself. But that too, will
all pasa away with time. My philosophy
telle me that"
"Is it true that you are really fond
of Miss Kuttnerf questioned the re
porter. "Most certainly I am," said Mrs.
Earle. "She is in every way a woman
my husband can be proud of, and one
whom I esteem In the very highest
sense. She is my husband's own affin
ity the one wonian In all the world)
whom he could love truly and aa a wom
an should be loved.
"Without Mies Kuttner my husband's)
Ufa would have been unhappy."
OR NOflE AT ALL
San' Francisco Supervisors
Not Opposed to Game If .
, There 'Be No Fakes. , ;1
(PsHfle Oostt Frees' Leased Wire.)
San Francisco, Sept. 14. The action
of tha police committee of the board of
supervisors In refusing to recommend
the application for an Ootober tight per
mit has caused something of a flurry
among light promoters. The question,
that naturally has arleen Is whether the
members or Mayor Taylor s board are
planning to shut down on the boxing
Supervisor Thorn as Magea Is- the most
outspoken of the three members of the
police commission In, defining, the atti
tude that would be adopted.
"What we want in ban Francisco,
sald-"MagAe, "is clean" sport We sre
none of ua on the police committee in
clined to be puritanical.- Good, clemi
boxing Is a fine sport and ntumld h-i
encouraged, but when tiuiK at t
that pasa where pretensions I lights, are
all -faked, and the ao-cn!lei ameu-ur
fights divide the gate receipts wim the
principals, it Is time ti.it a stand wax
taken to purify' ths m."
The police lt nlaht rfuel to per.
mlt the Bay city club to pull oft He
PRINCE CIL1VADSE IS
victim of assas i;;
(Tutted -Vt-m fe.et
Tlflie, Bept. 14. Prln-
the council of the enif"-
ssfnnret tn the Hum .-tv
Prlnoe.e Chavp-Ne .
I at I
prince Anu.sT or
comma r.u ' ; :
'.'V vl. , v,t
C.-1 I.- ,