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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (March 9, 1908)
THE DAILY JOURNAL IS SOLD OH THE STREETS AT 2 MTS A COPMHERE IS .NO NECESSITY TO PAYLIORE THE NEWSBOYS WILL HAKE THE CHAuGU at GET, YOUR SHARE vJ Of . the spring business. ; Use ,1h'f Journal's;' want columns. Journal ; , want ads bring best results. . , y The Weather Fair tonight, light s : froBt; Tuesday fair; easterly wlnda. - Vol. vii; no. 1. TORTLAND, VOREQONr MONDAY. EVENINO, MARCH- 9; 1908. SIXTEEN PACES. PRICE TWO CENTS.' " JJamCTw PcExl . ..... .... i . 1 ; ' 1 1 . 1 1 : - " . - . '. !' BfBIElgi flBPBUM LMlSOPHli i. j'- . - I ... : : t r- : IN RILL TlEPBOiWPAl MUST TAKE CASE TC STATE SUPRE ME COURT Presumption Is Will Have to Go to 4;, Highest Tribunal in Land Judging By Former -Decision in Like Contentions in Oregon; Opinion by Clcland. Oregon and - the initiative and referendum law has won the first round in the fight being made by the Pacific States Telephone & Telegraph company,, and the Sunset Telephone company, to declare the constitutional amendment permitting the initiative in Valid and contrary to the constitution of the United States. This morning Judge Clcland in the circuit court sustained the demurrer of the state in the case of the state against the Pacific States com pany, thus upholding the contention of the state. Notice of appeal was given and the case will be taken to the supreme court at Salem as soon as possible, j Fronvthere it will be taken to the , United States supreme court, it bemg assumed, in view of former decisions by the Oregon court, that the ruling will ; be for the state and against the company. Judge Cleland' decision this mornln , Itlmtlve. Jane 4, 1S06. A slmUar uit uphold the Initiative and referendum lir i of the atate in ao far aa the ruling of the circuit court can, and give a Judgment against the company which in effect would "reauire the ootnpanlr to par the to earing-' tax of 910.460.(9. for-he.wH"ctkn of which the euit wan begun. ' The case was submitted to the court without argument, lt belnr umed that the court would be bound by thd decision of the supreme court In the caso of KadUeriy against jforuano. which ia a practically similar conten tion held against the-principles-championed by the telephone company. . The null at iaaue is perhaps the most Important and far-reaching In It pos sible effect than any which has been brought In the state for some years. Bhould the United States court sustain the contentions of the defendant com panies it would throw the whole legal machinery of the state of Oregon out of Joint, as H would annul and Invali date the Initiative and referendum, the primary law and all legislation which baa been passed by the initiative since the enactment .Of the law and which may .be enacted up to the date of the supreme court decision. ; To Enforce Payment. The auit was brought by the state to enforce the payment of a gross earning tax of J10.4t0.68 taxed against the Pa clfia States company under the pro visions of the gross earnings tax law which was enacted through the in- was also brought against the Sunset Telephone company, both corporations having; neglected and refused to pay the taxes charged against them. ; The attorneys for the defendant com panies agree to try out the caae against the Pacific States company stipulating that they would permit the decision la that case to bind the Sunset company. In their answer to the com plaint the defense attacked the Initiative and referendum law contending that the constitution of the United States pro vided that all lawg should be enacted by the legislature and that therefore the amendment to the state constitution providing for the Initiative and refer endum went contrary to the federal con stitution, in that It allowed the enact ment of laws by the people directly. una not inaireouy Dy ine legislature, aa provided for in the federal conatitu- tlon.v Thia, It was argued, waa a violation of the federal constitution which an nulled the Initiative law and made It void. It was argued, a a result there fore, that the cross earnings law. passed under the Initiative, which waa voia Decause opposed to tne rederal con atltutlonl was also void and of no ef fect. As a final result It waa argued that the companies were not therefore bound to pay a gross earnings tax. -State Demurs. The atate demurred- to tha - answer. holding that .the Initiative and referen dum law did not contravene the const!- Chamberlain Is In Poor Health flTilt'S!'? h r, v I rir a v- ; tf.V N-"V"i1 i fir i ,f , x fit .'71 .;. p;:;; v V v krs Vj Owns 560 Acres of Land Near Holbrook Purchased From Oregon & California. Rail road Company for $4 per Acre. First Belief Was That Sen ator Favored Fulton's Measure, Now He Is Less Than Lukewarm Eeason Explained. Joseph Chamber lata, tbo famous English statesman,-has started for the Riviera In the hope ot regaining his health. Mr. Chambegaln has been a sick man for a long- time, but recently has begun to show Improve ment. ' This' picture Is from' a recent photo of the former colonial secretary. tutlon of the United States. It also argued that the question of whether a state government waa republican In form was a political rather than a Ju dicial question and did not come under the Jurisdiction of the courts. It was also further argued that if the question (Continued on . Page Two.) HKKRMKff TRIES' TO KILL TO FRISCO COMPETITION Independent, steamers are cutting so deeply Into , the passenger traffic of the Harrlman San Francisco liners that the big company baa concluded to strike back at them. With this object In view an order was issued by Manager Schwerln Saturday night to give the publlo cheaper passenger rates between Portland and San ianclsco. Intermediate on the linera Rose City and Senator, which heretofore has cost $15, can be had for $10 . commencing with the sailing of the Rose City this week. Cabins on the upper, deck will be SIS before but pteerage rates have been cut in half ao that instead of $10 LEADERS OF BOY ' THIEVES CAUGHT Grindrods Headed J uvenile Gang That Never Over looked Anything. - (Special' Pistfatcb to The JonrnaJLV ; ' Vancouver. Wash., March . With th arrest of 4IajyGrIndrodjl years old, and his brother Edward. W year old, Saturday by Sheriff Sappington, one of the worst gangs of Juvenile criminals that ever operated in this county has been broken up. . Both boys are from Ridgef laid, where the gang has "aftteld out aU , winter. v .mlnit tS. hnn la natty - larceny. While they are the oniy onea arrested, the eherirf baa. several othera - under TBurvelllance and will make fur ther arrests . If any more such rob beries take place. - , , The Grindrod boys were picked np : while robbing Sam Funkhauser boat house. They have been placed In the county Jail and will probably be com- - muted to the reform school. Harry, .the older of the two. recently served six months in the ' Colorado reform The gang of which - Harry Grindrod - ia earn . to nave, oeen ins teaaer com mitted all sorts of crimes in and about Rldgefleld. Among the articles atolen were clothing, toola, - tobacco, Eatables, household furniture and, in fact, any i thing they could- get. . , . j : the pries . (a. now $5, which Includes meaia. v Big Blioe off Kate. The new rate la considerably lower than the rail rate and from $2.50 to a lower man tne rate charged on the steam schooners, ticket on the latter Deing g ateerage and $10 first-class. The rail rate to San Francisco la $15 second-class and $20 first-class, with $2.50 and $5 additional for' sleeping accommodations. Whether or not the cut will be fol lowed by the steam schooners remains tob seen. The North Pacific Steam ship company, operating the regular liner Roanoke and Geo. W. Elder, will also be affected by the cut, but local agent Harry Young had received no lnstruotlona thU altarnnnn tn fnllnw the cut ofit old competitors. It is considered very probable, however, that the rates on the - Roanoke and Elder will be reduced to conform with those charged on the Rose City Und Senator. Tha Roanoke is due to arrive here to morrow and since Thursday la her sail ing date, it ia possible that the new rate will be made effective even on her next voyage. The Roanoke and Elder operate between Portland and San Pedro but enjoy a large San Francisco passenger traffic where they stop both coming and going: Among the steam schooners that have cut into the passenger traffic of the regular liners are the Hanalei. North land, Nome City, Washington, F. S. to 40 passengers. -an come filled to the extent' of their ac often they have Loop. R. D. Inman. Johan Poulsen and others, all of them- engaged In the wheat ana lumDer trade Between Portland and San Francisco or southern nnrta. Krh of these craft has capacity for from 20 passengers. ana commodation Expect Big Business. The engineers' strike threw a few of them temporarily out of commission, but an early settlement of this trouble is anticipated and then the lndepend ents. as the steam schooners am vnn. eraily known, will return to the route In full force. The Harrlman boata have'capaclty for several nunorea passengers, and in ad union to recapturing iom of the busl nes lost to the Independent boata, the low rate Is expected to Invite Increased traffic. The summer season will soon be on with fine weather at sea, and thousands of people are expected to be Induced by the reduced rate to take the run to tne ttay city just for a vacation. It will likely also attract some business from the railroad. The Rose City arrived at Astoria at S o'clock this morning and will be at Ainawortn aocic at 6:30 this evening. On her two Previous visits aha reanhad the mouth Of the river Monday avanlni? so that thia trip she gained 12 hours on her schedule. It is believed the liner will easily db aDia tn renaar thia nap. formance after her machinery has Worn uuwu i guuu wonting oraer. WIRELESS FLASHED FROM liFLEET TO JPENSACOLR, FLA. : " - (United "Press Leased ,,Wir:)',' ;1 l-':' '"' t Washington, D,' C, March 9."Rear Admiral Evans' 16 battlt. thips will 'arrive af Magdalena bay on March 12, three days ahead of schedule time. " This wireless message,, flashed . through the air from the ; fleet was received at Pengacol Florida,, from : Nor man Rose,, correspondent of the United Press, with the fleet." The message added that the fleet was in excellent condition and making extraordinarily fast timt . , " The president and officials of the navy are greatly pleased over the receipt of the contents of Norman Rose's message, which is ; o : the first word: the administration has , heard front the fleet : since it left - ClUao. It has preceded Admiral Evans' ! message : to ; the 4 k . navy department. . ;. . ' . --.V.!,-"i""--k-Vs..:.?o' .v .; Considering the distance the. message was : transmitted arid 'tJie'S , fact that : mountain tanges .intervene befweeS- Pensacola ' and the ' ' I fleet's Jocition, the work is considered a remarkable demonstration. - o Jonathan Bourne Jr., United States senator for Oregon, has a per sonal Interest in the fate ot Senator Fulton's resolution authorizing the department ot lustvee to begin suits to determine the title ot lands, held by , present owners under, purchase from the Oregon. & California land grant. He Is the owner of 560 acres of land near Holbrook In Multnomah country purchased from the Oregon ft California Railroad company May 8, J893, for which land he paid a total of 12,240 or $4 per acre. intimations mat nave come rrom Washington recently lead to the belief that while Senator Bourne at the first waa a supporter of the Fulton resolu tion, now he 1 less than lukewarm in his favorable attitude toward the piece of legislation. The question is now being asked whether or not the senator's ownershlo of 660 acres of grant land in Multnomah county does not have aomething to do with bis ap parent, change of heart. Fulton Besolntlon. Senator Fulton's resolution is for the purpose of giving the department of Justice authority to start suits against the Harrlman lntereata, especially In Oregon, to determine whether or not the titles to land sold by them out of the grants given by the government should not be set aaide. Opposition has developed to the resolution by men who contend that the prosecution of these suits would worn great naraaniD ana perhaps loss of title to innocent pur chasers of these lands throughout the state and in fact the northwest. Attorney-general Bonaparte has assured the committee having the resolution In charge, however, that it la not the in tention of the department to attack the titles of those known or proven to be bona fide homestead purchasers. It is further contended by Senator Fulton's resolution that the railroad company, has violated its agreement with the government under which it was to sell the grant land to homestead applicants at tne uniiorm rate or z.oi MRS. LLOYD OSBORNE SAYS MRS. ' ROBERTWUISTEVENSON M ,. TRWn TO STWWC, FAMILY ROW EXIT AT WEST SIDE HIGH NOT CLOSED BY BLACKBOARD J.J "Hi u j- u . K(Xn20 , "Investigation of the placing of the Are eacapes on the West Side High school reveals the fact that It waa never intended that there should be a direct exit to a flre escape from the tier of rooms, one ot which is occupied by Miss Down aa a classroom." aald N. Flelschner, member of the build ing committee of the school board. The flre escapes on the HIah school were cut up under the direction of Flre Chief Campbell, and the original plan provided that there should not be more nan two exits upon a lanaina. ine reason for this, of course, is to avoid a crush of pupils issuing from too many exits onto one fire escape in case of a flre. When this discussion about the High school flre escapes came up I asked Chief Campbell to make an investiga tion or the conditions and report tnem to me. . The chief detailed Battalion Chief Toung to make the investigation, and he reported to me that the black boards in Miss Downs' room and In the two rooma underneath it on the first and aeoond floors did not close up an exit to a nre escape.'' Director Flelschner savs rurtner that e is opposed to making exits from the three rooms referred to, unless the land ing of the nre escape is enlarged. utmost coniusion mignt otnerwise result. It Is understood that Battalion Chief Toung will recommend In hla re port to the fire chief that the flre escape platforms be enlarged so as give the tnree rooms, eacn, a direct exit. Principal Davis, wnen seen tnia morn ing, declined to. discuss the matter fur- . Novelist's Wife Hurries to Oregon and Takes Refuge at the Dosed Home Near This City Tells Story of Fear That an Attempt Will Be Made tos Kidnap Her Two Young Sons TIA.U. DIAGRAM OF FIRE ESCAPE AND" ROOMS. SHOWING EXITS THAT WOULD BE USED. BY WEST SIDE HIGH SCHOOL PUPILS. ther than to'aay that he had made cer tain recommendations to superintendent RJgler, which he thought will adjust the controversy. superintendent Kieier is said to re opposed to taking down the blackboards and will Insist on the rooms remaining as they are. School Director J. V. Beach said this morning that he had not examined into the matter very closely, but that he thought the build ing committee of the school board, who had control of the building, would make whatever changes are necessary. MINISTERS SCORE INDECENT PICTURES an acre: that it has sold some of the lands for sums far in excess of this amount and that it now refuses to sell to homestead applicants. Because of this It ia desired that power be given the department of Justice to begin suits to adjudicate the titles to these sales that have been made. The records of Multnomah county show that Senator Bourne ia the owner (Continued on Page Two.) B TROUBLE FOR VENEZUELA Uuited States May Embroil Castro by Publishing His Letters. (United Preu Ltued Wire.) Washington, March .9. A new diplo matic complication between tha United States and Venezuela 1 predicted a result of the threatened publication of the correspondence touching . on the treatment of American Investors in Ven ezuela. The publicity Is demanded in a resolution introduced by Senator Lodge. According to reports the Venezuelan rovernment ha ' acted t with . it usual lie-h-handed fashion- in dealing with a number of big American interests in the country and the latter have been for a long time coerced into alienee, ana pi vented from appealing to the United States government under fear of fail ing to get assistance or redress and con sequently' being in an even more un pleasant position with tha Castro ov ernment. .-.- It- ia believed that the president will be given instructions .to make public the correspondence on v the jnatter be tween the state departments of the two governments, which ia aald to have been hra anil - haMlnoaa at times. ' Such actios la aura to arouse the ire of Pres ident Castro,-who Js exceedingly desir ous at thia lima of clavlnr a ouiet ram and creating an impression among hi people that, thanks to hia power a a diplomat, all Venesuela' difficulties have been swept away and the country la at commercial and political seaoe with the world. ' : I That the public waiting-room of the Oregon Water Power Railway company at First and Alder street haa become little better than a cheap ahow house, and that It is an outrage to decency and civilisation waa the verdict of the Bap tist minister this morning. However, they were not quite prepared to pass the strong resolution of publlo censure that had oeen drawn up by Rev. B. A. Smith of the Arleta church censuring the company in general and the officials in particular. The resolution was worded without mincing words or meaning, but some of the more conservative were disinclined to make a wholesale sweeping. denuncia tion and to censure ornciais wno mignt not be thoroughly consuratue till a closer investigation was made. The resolution was placed in the hands of a committee, Mr. Smith of Ar leta, Mr. HaycocK or ients and Mr. Lapham of the Second Baptist church, ror report next ween. look Away Only Two Mr. Smith told of what might be seen at the waiting-room for a penny and what might be heard, and in fact, had to be heard by outsiders for nothing, because they could not shut out the sounds, once a machine with a ribald song waa set going. He said suburban residents who were forced to wait there fairly had to hold their noses to keep out the Indecency. A few day ago after a protest on the part of some of the road's patrons a police raid was made on the place, but Mr. Smith said they took out only two of the most flagrant machines - and- left- the large number to corrupt the minds of chil dren and to nauseate women who were forced to listen. Mr. Haycock of Lent tol of brlng- famiiy into town ana taking lng hi them tni ere to wait. could I had read of tne raid in the papers sateiy tan n t he . said. nil aunnosed I wifa and two boys 1 morning cold," safely take mv there out of the "but 1 bad no aooner stepped inside when I hurried them right out again. I could detect no difference in the confusion of noiae and I would not let them remain." Some of the ministers disfavored passing the resolution of censure be cause thev thought innumerable resolu tions weakened the power of the minis ters and meant nothing. Rev. A. B. Mlnaker was strong for 1 paving the matter to the Civic league to take up and a committee of ministers which Is looking into such concerns. Others who live on the suburban lines and are forced to be exposed to such indecencies were more eager to fiass It. saying the resolution was no nterference with other , bodies and merely expressed a strongoplnion. Terms of censure wer,not spared, and B. S. Josselyn came in Tor his share of reproaches as the new president who "so far catered to the almighty dollar as to forget what was due his patrons." The Frits company, which has a thea tre on Burnslde rtreet and which has the concession in the First street place for picture and song slot machines and cigar stands, came In for a hard scor ing, incidentally a lew compliments were handed to the management because Its ear service to the Oaks, where Frlta also has concessions, is always the very beat and strictly on time, w,hile subur ban realdents must wait for their cars at the company's pleasure. j Kov. William T. Jordan objected to the wholesale censure of slot machines which was made in the resolution a worded, and said that many were harm less and even instructive, or at least merely amusing: that he always en Joyed a mechanical bird machine at the depot and wofftittlke to have one in hi home, and tnat it was a mcaei slot ae- vice, but could not be included under I . 1 . 1 . . L. J ' 1 . tne woras. siot maiiunra re niuutj to decoy youths and to corrupt their mor als." He caused some amusement by asking if they could not nnd a cleaner word than "dirty-' the term "such dirty insults," but others voted dirty a forci ble word. .:! rearing mat runer or coin, ner sons will be kidnaped by Mrs. Rob ert Louis Stevenson, Mrs. Lloyd Os borne, wife ot the well-known writer and stepson of the famous novelist, has left her San Francisco home and with her boys is staying quietly, at the country residence of Colonel II. E. Dosch at' Hillsdale, six miles south of Portland. , -t Mrs. Osborne declares that ' her mother-in-law haa attempted . : In every way she could think of i to force her to seek a divorce from Mr. Osborne. At last, hearing that Mrs. Stevenson might attempt to kidnap one of her grandsons and use him as a club to force her into asking for the divorce, she came to Portland hoping to remain quietly at ' the . Dosch, home, safely out of reach of her husband's mother. Allan Osborne, the elder of the two sons of the writer, has been stay lng at the Dosch place for some week In the care of (lolonel and Mr Dosch. Mrs. Osborne . and her younger son, Louis, ijave been in New York and wnt out to Hillsdale immediately a'fter reaching Portland from the east yesterday morning.) While In New York Mrs. Osborne helda conference with her lawyers and discovered that ther allowance which she has been given by Mr. X)s bo'rne since their separation, flre years ago, and which suddenly stopped last winter, had been pur posely withheld by Attorney Beshota . in New York, acting upon orders re ceived from Mrs. Stevenson.. t '. "I came to "Hillsdale hopinr to bid from Mrs. Stevenson," said Mrs. Os borne. "I have feared that h would attempt to kidnap the children from . our San Francisco home and Hillsdale seemed to be the quietest and safest -spot for us. If Mrs, Stevenson, could gain possession of one of the boys ahe knows she could compel me to seek a, divorce from my husband aa the price of regaining him. That is what I am . trying to avoid. : .-i - s,- "1 wish to make a dignified denial of the statements that I am seeking a di vorce or attempting to locate my hus band so that I can secure service upon ' him," said Mrs. Osborne. "Mr. Osborne Is at preserrt in New York and wo are good friends. As my friends know, : the (Continued on 'Page Four.) REUTERDAHL HOT oiiLricuEi: PART OF FLEET TO COME TO PORTLAND (Waahlagtoa BnrMa or w joowui. j ' Washinrton,,;, March1 9 Senator : Bourne5 c6riicrred todav with the president, who said that as many ships as conditions wiirner nut will be sent to Portland durine the Rose Carnival. How manv ships is not designated, but the navy.: department will be consulted lmmeaiateiyx . . Ex-Chief Engineer Stevens of Panama Canal' Now Wields Hammer. ,. (Halted Pim Tsm4 Wire.) , New Haven, Conn., March. 9. Ftob ably tha .worst black eye the Panama canal project hag yet received from ex pert or political enemya banded It today, when John C F. fit even k, forrrmr chief engineer of th big ....ditch, flam out with an Interview branding tha en. Mwrworls ag a mistake, and a misman aged latCft.?:'..:,..' . . - Varioua explanations I have been of fered for Engineer Stevens resivo.i tion i from the position he formerly l.i l. "At beat, the project will have but a comparatively small cummrrrlal vain " declares Stevens, "and this val.i .1 oeoyno means commensurate wnh. i terrllia cost". The United tftatea 1 ment Will sink millions in that n.ni ,v atrip of land, for which it w ill receive a penny of reward. J"; the talk of t!ie t,ratesi vain f i Panama canal -to our govMi-i.n.. -:t time' of war, the dlf .i'!! in ti. v, tienesnariiy KtS.-nd tin i.,m;( .( . squadron thiouKli l ht . ' gi-oitiy' re.fui-e this vly" .. Vahtn.ton tr;'rt .v;U'v ments at . ht t( ti-j-.. -