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E Sure !o Read Ihc WANT
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- .Illl I J I I J I I . J ,-. - j. . ' ' j . jt
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j, Ths . wether--Showerf, V warmer i
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on y no.1 I f. Portland, oregon,- Saturday evening, September ' ij im. two, sectionseighteen pages. price two cents. ; ZZJi?'ltPcll
mMEFEREMBiJ
TEST,
TEmFMOME CQMP
I t I II
i : 11 . ' I II
,i ... ,J
F.
ED W THE
il ... .. ' If II 1 1 . I . V I-,
i.(..ri If .11 ... (J A ill- '
I- . II 11' if i I '
SUIT FILED BY TRUST WILL DECIDE
CONSTITUTIONALITY OF THE ACT
v
UECTS TO
SPECIAL MI
ls.se -".ment on Gross Fam
ines Under -Act Proves
Thorn in Side of Corora-
tion United States Su
preme Court to Decide.
SOME OF THE EXCUSES OFFERED FOR
FILING THE SUIT.
These are Che Grounds on which it is alleged that the fed
eral constitution is violated by initiative and referendum law
Deprives legislature of power to consent to purchase Dv
congress of places in Oregon for arsenals and forts. Art. I, I
Sec. II. f
Deprives legislature of power to prescribe time, place and
manner of electing senators and representatives to congress.
Art. I, Sec. IV. t
Deprives legislature of power to direct manner in which
state shall appoint electors for president. Art. II, Sec. I.
Deprives legislature of power to consent to junction of
Oregon with other states or parts of states. Art. IV, Sec. III.
Deprives legislature of power to apply to United States
for protection from domestic violence. Art. IV, Sec. IV.
Deprives legislature of power to apply to congress for
conventions to propose amendments to federal constitution;
and of power to ratify constitutional amendments. Art. V.
Deprives legislature of right to choose senators to con
gress. Art. I, Sec. Hi
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.
HAVE IRE
TEACHERS I
h "" f
1 4v
H
Portland Schools Crowded
With 2,000 More Pupils
man Last lear conal
tions Require That Facul
ties Be Greatly Increased
egon's Initiative and referenduli
ndmrnt to the state eonktltOtlon. thl
:t primary law nd every law con-
v to the constitution of the United
fg are null and void and will be
red so 1 the charges made by the
fie' States Telephone tt Telegraph
aBy are upheld by the oourts. The j
Ic on the initiative amendment was
s by the telephone company In the
tit court this morning, and at the
. time the way was paved for an
,-tl to the supreme court .of the
1 States, where the validity of the
and referendum in Oregon
nallr be determined
Questions as to th -1eral con-i
n are ruHcii in ido . uruunm
state to compel the 'telephone
1S?.Ky Probably Be
j Allegea Ac Zs Xnralld.
, company this morning filed an I
,er to tne suit in ine circuit court,
ting that the act levying the tax Is
lid because It was Initiated and the
active amendment violates eignt sec-
and the fourteenth amendment of
pnstitutlon of the United States,
Slrty-second section oa the const!-
f Assembly Ifalls Will Have to
Be Utilized to Accommo
date Overflow Half Day
Sessions Will Be in Vogue
at Arleta School.
increase of
in the city
,ti 10
Unal
7 ou
MAY SETTLE FOR SIXTY
CENTS ON THE DOLLAR
Able to. Pay This Sum to iJepasitors-Receiv-
er's Report Is Expected Monday.
Mondayor Tuesday of next week will
of Oreaon. and statutes enacted Probably be the date of filing of the
greas and the legislature of Ore-1 report of Receiver T. C Devlin upon
the condition of the Oregon Savings and
. alleged that the initiative will
iv the legislature of. Oregon, and
,trary to the Implied provision ot
iderai constitution mac me gov
ta of the several states shall be
can in form, and that each of the
hall create and inamtam repre
te legislative assemblies. Viola-
sect ions anc articles or ine
on are specified as follows:
ne Initiative urports to create
iture oi tne people or
voters of Oregon,
Trust company. No Intimation has
been secured from the bank as to what
the report will Indicate, but there Is
reason to believe that under the disad
vantages that are the usual rule of
liquidations and receiverships the bank
ultimately wUl not pay depositors more
than 60 cents on the dollar.
When the question of the probable
making
le to determine the qualifica
tcessary for representatives in
ion legislature, and tnererore
iflcatlons for representatives In
enure i amount of money to be realised by the
:L i neDosftors was put souareiv to Keceiver
Uevun today, ne saia:
"I have at no time said to a depositor
that any specific amount would
be
ronHxAri I have not said the hunlc
violating article 1, section 2, would pay 100 per cent nor 20 per cent.
ys: I The bank will almnlr car whatever
Ihouae of representative shall there is here to pay. At first things
aed Of members Chosen everv I anmw)ir Alttmrunt trnm what
ear by the people of the sev- thev do now. It was impossible at the
itates. and tha electors in each start to obtain any accurate idea as to
hall have tha qualifications requl- o large a business, which had been
ir electors or tne mast numerous running two or three years. We are
j of the state legislature.
Interferes witli Elections.
J-hat the initiative deprives the state ne5L?ff
working as hard as we can upon the
receiver's report, and it may be ready
lslature of tha power to consent to
ne purchase by congress of places In
Vegon for forts and arsenals violating
tide . 1, section I, subdivision 17v
nich reads:
VThe congress shall have power to ex-
use iik autnority over an places
chased by the consent of the legisla
te of the state in which the same shall
.k'." for the erection of forts, maga
1 sines, arsenals, dry docks and other need.
V im buildings."
' That the initiative deprives the state
legislature of the power to prescribe the
time, place and manner of holding elec
tions " or senators and representatives In
. con ss, violating article 1, section 4,
wl , says:
"it- i times, places and manners of
While the bank may have been sol
vent the day it Suspended, the delavs
and difficulties in the way of a settle
ment py receivership are so great that
it is 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 reorganize 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's offi
cials, and it Is said the disposition to
Join in the plan submitted is almost
unanimous.
President Moore said:
"The reorganization plan is getting
along very well, and is receiving "d
support from the depositors. As to the
bank's llauidation and the prospective
amounts of money depositors may re
ceive, it ought to be understood that
although the bank may have been sol
vent the day It suspended, the usual
course of receivership Is a long-drawn-
out and expensive affair, and may take
rrom two to rive years or even longer,
The nature of the business to be set
tled up sometimes requires a very long
time, in order to get It settled to the
best .advantage, ir the bank is re
opened under favorable conditions such
as wehope tlk obtain, the stock will
within three months be valuable."
PROSPERITY WILL BE
r
NEXT CAMPAIGN ISSUE
,, (Continued on Page Two.)
IE NOTICE OP THIS
EAT FOR READERS.
Journal's Sunday
Magazine
RROW WILL CONTAIN:
story of the 'Pan-American
iu and Its Promoters. .
Hubbard s ExDerience at
loon's Training School.
Icience Is Saving the Babies
Jtinfir Relic:- of the Seige . of
sburg.
fete, Its Many Uses and How
is Manufactured.
rer to the Strange Query, "Do
-- -vs Possess" Intelligence?"
' ying the World's Greatest
-.--Jt- tals by Chanty. ,
'f'oniancea 0f Royalty-w-an
, ; XfAy interesting' story of
? ' 2.ian: nobility s love adveh-
f iVSjorts,: Society, Drama
I-11S1C
. ' . E' not forget Maud, Happy
; ' i an and The Journari
: -Best Comic Supplement in-
('.V V: Journal ';
ADEPTS SESSION
MAY BE STORMY
Americans Opposed to Mrs.
Besant's Faith in Spirit
World Masters.
(United Press teawd Wire.)
Chicago,' Sept. 14. Opposition to Mrs.
Annie Besant of Adyar, India, world
president of tha Theosophical 8oclety
of the World, Is already taking shape
here, and before' the convention of
"adepts" is brought to a close it 4s -be
Ueved that many stormy sessions -will
disturb the Universal Brotherhood.
Hundreds of "adepts" are gathered in
this city today to attend the twentieth
annual convention of the society, whloh
will open at Kimberly hall tomorrow.
The opposition to the aifted Mrs. Be
sant is said to be stronger among the
American contingent' than the other
classes. ana u is claimed is based on
TWO CENTS IS SUM
DEMANDED IK' SUIT
AGAINST VANC0UYEB
(SpcUl Dtapateh to Tba JeersaL)
4 Vancouveri B. C, Sepfc 14. -. 4
4 James Dlojc a well-known club- 4
4 man, will sue tha city for two
4 cents. When ha paid his taxes 4
4' a few flays ago he cents column
- of his blU ended In tha iigura
"t," and paying 8 cents ht asked
for t cents in change. Tha clerk
Informed him that I Cents -as
the lowest fegal tender, in Can.
da, and there -was no' change
purely ethical grounds, although the
question of splrltnalism also enters.
Many of the members fear that Mrs.
Besant will again place Charles W.
Leadbetter, a former prominent theoso
phlst, who was driven from the 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 affairs of the
society are governed and her nomina
tion and election made possible by In
visible "masters" of the "spirit world"
The Theosophical society was organ
ized by Mme. Helen P. Blavatsky and
Colonel Henry Steel Olcott, the latter a
veteran oi ine civil war and
well-known newspaper man.
once a
That there will be an
from 1,500 to 3,000 puplla
schools this year, and that from SO to
40 mora teachers will have to be em
ployed before Christmas is firmly be
lleved by the school authorities.
Never in the history of the Portland
school system has so great an increase
over a preceding year been so apparent
Whlia tha presentstaff, of f 20 taachara
was elected to take ear or a reasonable
Increase, that foroa will be wholly In
adequate' when the new buildings are
Turned over to me aistrict petween tne
first of October and Christmas.
It will be neoessarv for the first
month or six weeks to devote, the aar
son. Shaver and Holladay buildings to
accommodate the overflow enrollment.
Half Day Sessions In Togua.
In the Arleta building . it has been
found necessary to divide the classes
so that one half may attend school dur
ing the morning hours and the other
half durina- the afternoon. The new
Vernon school building will not be ready
for occupancy until about Christmas.
It is 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 600 teachers gathered In the as
sembly hall of the west side high school
at 3 o clock this afternoon to receive as
signments and necessary instructions
for the opening of the city schools Mon
day morning.
Many new faces were seen among the
large staff, and the outlook all around
Is for the best year in the school his
tory, notwithstanding the fact that the
early weeks of the first term will see
the buildings uncomfortably crowded.
This is due to the unfinished condition
of a number of the new school buildings
and annexes.
County School Open Monday.
Superintendent Roblnson'of the Mult-
mah county schools stated this morning
that with few exceptions an oi tne
county districts would resume work
Monday morning. The Russelvllle
school, the Sandy road school and tha
Cedar school teok up the year's work
last Monday morning. Usually in the
county the beginning of the school
work is determined by local Industrial
conditions. In districts depending on
berries, as Is the case at Russelvllle, the
work is taken up earlier so that the
close in the spring can be made sooner.
Inasmuch as the new books are to be
placed in the schools during the open
ing term, -It will require several days to
get the work fully under way. Mr.
Robinson has recommended to the several
districts that all of the changes be
made immediately excepting in the
cases of those grades which will com
plete the work In February of this
school year.
Every school in the dlstriot 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 advanced course and Oresham has
two teachers.
VICE-PRESIDENT FAIRBANKS, W HO SAYB THAT "PROSPERITY"
WILL BE THE KEYNOTE O F THE COMING PRESIDENTIAL
CAMPAIGN. 11 i
Fairbanks Declares That the Interests of Labor
Greater Than Those of Capital and That
j , Roosevelt Cannot Be Censured.
Are
r (UnHed Prtts Leawd Wire.)
Indianapolis, Ind., Sept. 14. Vice
President Fairbanks, In an interview
hece today, said that prosperity will
be the paramount Issue of the next
campaign. .
"There Is always enough 'hard times'
to go around," he said. "The man is
dull indeed who believes that the wak
ing up of the' people to their rights and
wrongs can - be smothered. The public
officials, from the president down,
should keep In 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
labor In the making of our welfare are
greater than that of capital. No one
cun rightfully reproach President
Roosevelt for nls prompt enforcement
of the laws."
IS. EARLE
"AFFIfJITY"
Cast-Off Wife of . Artist la
CiropipA nt, 4 "Rmilofrnfl hv
Husband Should Be Proud
of Miss Kuttncr. v.;;:
French Woman Feels ; No
Pain Over Separation and
Is Surprised at Notoriety
Caused by Her Actions
Is Not Jealous.
NEW ORLEANS IS
INTERSTATE COMMISSION
CANNOT AID LUMBERMEN
Washington Railway Commission Receives Reply to Ap
peal Advised to Secure Injunction but
Find It Is Impossible.
TIED BY STRIKE
Dockworkers Refuse to Han
dle Cotton Galveston
Longshoremen Win.
HI
4
4) ,coming. He , will, make ' teat
case pft in f ha .courts. , ; vr-,d
- (Special Dispatch to The Journal.)
Olympia. Wash., Sept 14. The rail
road commission has received a reply
by telegraph to it recent request that
tha , interstate commerce commission
prevent tha putting In of the proposed
Increased lumber rates.
The reply comes from the secretary
of the. Interstate commerce commission
and states that it will be impossible for
tha- commissi on to prevent tha , rates
rotnrTtHto'f tmtt- Hr aaggeatad t
ine wasnmgxoR .commission, - nowever,
in tha telegram received that injunction
proceedings -might' ba, brought In the
United States court to prevent the rallf
roads from putting In tha rate, as was
dona recently by- milk dealers who pre-
venj
milk
vented tha railroads from increasing the
securing an injunction
bv
front Federal Judge Konlaaat of Illi
nois. ' -- - ; -
, Investigation, however, shows that
tha proposed milk rata which tha rail
roads arranged to nut in were in them
selves discriminatory and did not' apply
to the general public. In the caae of
the proposed lumber rate increase, this
point could not pe raised, as tne new
rate win appiy generally.
The Oregon railroad commission re
ceived similar notice and suggestions
rrom tne same source, nut instead or be
Jng satisfied therewith wrote a letter to
the. Interstate commerce commission,
explaining that the position of tha com
mission, is well understood here, but
that what is really, wanted until the
matter h boen vaaUgat(i is for tha
commission to intercede with the ralN
roads- in behalf of tha lumbermen " to
have the date for the new rate post
poned until after the matter has been
passed upon by tha commission.
The matter is deemed of such great
importance to the! community, at; large
that the lumbermen believe it should be
investigated before the higher rata is
charged, sines it will afleefcthe business
'.(Contlauad on Pa Two.)
(United Prs Leased Wire.)
New Orleans, Sept. 14. The port of
New Orleans is effectually tied up by
the strike of the longshoremen. The
unions flatly refuse to meet the com
mercial exchanges. As a result, an In
vestigation cf cotton hauling In other
gulf ports will be made and there is
every probability that the entire sys
tem in vogue will be changed so as to
pay tho laborers so much per bale in
stead of by the hour.
Galveston. Tex.. Sept, 14. The strike
of the 1.000 Southern Pacific 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.
nrinv
niLmufi ntflui
TOJEPEl JAPS
Colonel Glassford Declares
United States Is Pre
. pared for War.
BLOODY
GANG
FOUND
Ifl LISBON SUBURBS
Desperadoes Are Captured in
Miniature Catacombs
After Battle.
Lisbon. Sept. 14. Tha discovery 'and
roundup of a gang of desperadoes in
the miniature catacombs in the suburbs
has revealed eight partiv decomposed
bodies and heaps of human bones be
lieved to ba the remains of mysterious
ly disappeared victims. A dosen men
were . arrested attar pitched battle
sritn tns police. :J- a . ...
(Pacific Cotit Press Leased Wire.)
San Francisco, Sept. 14. Lieutenant
Colonel W. A. Glassford, chief of the
signal corps of the department of Cal
ifornia, has lust returned from an ex
tended trip on leave of absence through
Alaska and the Hawaiian Islands.
Colonel Glassford made a close study
of the strategic positions of the United
States In Alaska and on the Hawaiian
Islands, and believes that Uncle Sam- is
fully prepared to cope with the Japa
nese situation in the event of hostil-
ltles. He regards the transfer of the game entirely.
fleet of battleships to the Pacific coast I Supervisor The
as necessary to its protection. He says
the Improvement of Pearl harbor, 'in
Hawaii, should be made at Once.'
Colonel Glassford is not alarmed at the
Immigration of Japanese to Hawaii. He
says In case of war the American navy
would drive the Japanese vessels rrom
the .Sandwich Islands and the Japanese
would scatter to the interior. The more
Japanese there are on the islands, tha
easier tne last wouia ne, ne ciaimea.,
(Cnlted Press Leased Wire.) '
Boulogne, sur Mer, Sept. 14. Mrs.
Emille Earle, whose husband, Ferdinand
Pinney Earle, the New York artist, .cast
her off for his "affinity," Julia Kuttner.
with her 2-year-old son Harold,, has ar
rived In Boulogne. i v
Lieutenant Fishbacher of the French
navy came up from Paris to meet his
sister. She greeted him with a bright
mile and waved tha tiny hand of tha
fair, round-faced baby in her arms to
tne nanasome, weu-aressea frenchman,
who had come to take tha deserted wife
back to he A father's home in Paris.
As the gangplank was lowered Mrs.
Earle skipped down it with the light
headedness of a young girl and kissed
her brother affectionately. She con
sented to be Interviewed regarding her
present and future plans and the causes
that led up to her remarkable renuncia
tion of her husband.
'when Ferdinand and I decided that
our paths must separate,'' she said, "we
never dreamed that it would create' so
much excitement and Interest, ail over
the world. i
'It was the very thing to do. 1 wa
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." V
"You had not a woman s auaims of .
remorse no Jealousy?." waa asked.
"No. not jealous, ana replied, but of
course there was unhappineas in it for
all of us, for Miss Kuttner, for Ferdi
nand and ior myseir. sut tnat. too. will .
all pass away with time. My philosophy
tells me that."
"Is It true that you are really fond
of Miss Kuttner?" questioned tho rex
porter.
Most certainty i am, aaia Mrs.
Earle. "She Is in every way a woman
my husband can be proud of, and on
whom I esteem in the very highest '
sense. She is my husband's own affin
ity the one woman in all the world)
whom he could love truly and as a worn,
an should be loved.
"Without Miss Kuttner my husband's)
life would have bean unhappy." ,
CLEAN" BOXIIIG ;
NONE JIT ALL
San Francisco Supervisors ;
Not Opposed to Game If ; r
There Be No Fakes. (j v
(Padfte Ooast Pre 'Leased Wire.) .
San Francisco, Sept. 14. The action
of the police committee of tha. board of
supervisors in refusing to recommend
the application for an October fight per
mit has caused something of a flurry
among fight promoters. Tho question
that naturally has arisen is -whether tha
members of Mayor Taylor's board ara .
planning to shut down on theboxing
JOHN FOX EXPLAINS
OBJECTS OF CONGRESS
(Pacific Coast Press Leased .Wire.)
San Francisco, Sept 14. John A. Fox,
Special director of tha National Rivers
and Harbors congress, has arrived hers
and on Monday evening he will leave for
a tour of the harbors of California. He
comes to California .in the interest of
the congress, explaining its objects and
work and gathering data relatingto th?
LUCANIA FALLS BEHIND
HER FORMER RECORD
V
(United Press Leased Wire,)
Near Tork.- Sent . 14. -Ths Cunarder
Lucanla. arrived today, II hoars later
than the: Lusltanla, which passed her,
and seven hours behind her own. time.
mas Maares i ths most
outspoken of the three members of tha
police commission In defining the atti
tude that would bo adopted. V' ? '
"What we want In San irfancisco,
sald-Magea, "is clean sport. We ara
none of us on the police commutes in
clined to be puritanical. Good, clean
boxing la a Ana sport and should be
encouraged. But when things -get s to
that pass where professional flghtsr. are
all 'faked, and tha so-called- amatrur
fights divide ths gats receipts with ths
principals, It is time that a stand was
taken to purify' the game."
Ths polios last night refused to per- '
mit tha. Bay City club to pull oft its
four-round fights, j, ; ; ,
PRINCE CHAVADSE IS ,
YICTDI;0F ASSASSLY
' - (Catted Press- teased WTr.)
Tlflls. Bept."14.-Princs Chsval!s ft?
tha council of ths empire. has b-ea
sassinated tn the Bummtv nirlrt. Ti4
Princess Chavydse was wounUed at u
same tlinsT.'.-T v . X' -yyy
PRINCE AUGUST OF V
?C0BURG PASSES A7 A"
trnltJ! Frees - y;
rlsbad, Bept. 1 I tSn.
CobJrf died hers ti'.iy. .
)
pi1
4