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
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vJ Of . the spring business. ; Use ,1h'f
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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-..
-