The Oregon daily journal., May 09, 1908, Page 2, Image 2

-
aroitTLAUD,', SATUttDA-,KVj;WiJG, MAY 9. iooq. ' '
' Ta OkUOW daily jotikiUU
CITIZENS BY
BIGHT STUD!
Neighborhood Ilouse to Be
-Enlarged That Throngs of
: Jewish Immigrants From
Europe Anxious to Learn
May Be Taught.
I Rleen. Mrs. 8. M. Blumauar, the su-
perlntenaent or - tne . Nelgnoornooa
house,- Mn. Hrry Meyw -nd Miss
Bell Joseph have also given much as
sistance in me worn. . v ; . a
(10 REFERENDUM
OH COUNCIL LAWS
- ' (Continued from Page One,
Elderly Men and Women
Hasten From Hard Day's
t Work to Sit at Children's
Besksr Eays Hanager , of
American-Making School.
The Council of Jewish Women it tak
ing active steps toward erecting new
building, or an addition of some else
to the neighborhood house In South
Portland, to accommodate the rapidly
growing night school for foreigner,
carried on by the council under Misa
Carrie B. Myers.
This school, which is attended by
Jew. Italians, Poles and Russians, has
now mi-attendance of tl5 pupils, rang
ing la age 'om 1 to 60 years, all
carer for knowledge and paUent in their
r Forts to acquire the language and the
utoms of their adopted country. These
eager, grown up pupils gather every
evening at the Nelghoorhood house and
give t sedulous attention to the simple
primary lessons in reading, Writing and
The pupils were first accommodated I
there overflowed to the library and an
adloinlns- room, but there has been, a
lack of equipment for carrying on the
work, only the kindergarten tables and
camp -stools having been available. Miss
Myers in her annual report to the coun
cil u rare a the building of a suitable
school to accommodate her rapidly in
creasing
school for foreigners. She
Xnrufe of foreigner,
The work of the night school Is per
. Jiaps the most important work under
- taken by the council In this city, par
ticularly so as this work shows its re
sults In so many unexpected ways.
"A number ox years ago the Jewish
Immigration from foreign lands did not
have much effect on our city; of late
years,., however, Portland as well as
other western cities has received In
large numbers. the refugees from Euro
pean and particularly from Russian ter
ritory, i -
"Whan the council saw that the Rus
sian Jew- Ut large numbers came to our
city, in Its wisdom to determine that
something must-' be done to hasten the
rerlod when such newcomers would take
beir place as citizens and become thor
oughly amalgamated with the habits,
customs' and Ideas of their new home.
It has found that the beat method of
. accomplishing this was through the me
dium of a night school, teaching the
Anglian language to tnese foreigners
and Instilling In them a love for their
adopted country. . -
"In our .school there are among our
pupils mew of advaiced age, who after
the most difficult and arduous work of
the day rush, off to school Immediately
after the evening meal, eager to learn.
It is an Inspiring sight to all who
come In contact with them to see the
hunger for knowledge In their eyes.
Old Ken at Boys' Desks.
"The work; If of untold advantaa-e to
our city and (fur country aa well as to
our race, ana n seems tnat so long as
ne uoi oi immigration continues this
work must be continued and Its scope
enlarged. To accomplish thla, however,
we must have at least adeauate means
10 conauc ine worn, we need a school
building and Jwe need It badly. When
it la remembered that the agea of the
pupils run from 16 to SO it will be seen
that the kindergarten desks and camp
atools are utterly unsuited of the work.
Another matter which Miss Myers
urged In her report is the need of a
clean, sanitary boarding-house for such
refugees, where the Jewish Immigrants
who earn Small wages can have a com
fortable home and bath for a reasonable
price.' Such a home could, she thinks,
be established by the council at a
charge of about f 4 a week, with sur
roundings that are hygienic and Amer
ican, which would be self-supporting
and in no sense a charity.
' Valuable Object lesson
... "Such a home." she said, "would
Instill lofty ambition Into the
minds of these poor foreigners, and
tnt-y would not be compelled to be
herded like cattle In stifling quarters
as they now are and subjected to In
numerable hardships after their day's
wor Is done, and would particularly
inculcate the Idea that cleanliness next
to godliness Is not merely a theory but
a possible fact."
..Th 'h.t "chol n of the
tmJque institutions of the city; no
hlii,ma.1 for th Instruction
?hnrlif,clrCuroun'r women who are
tSI iJf d wh "k reward except
O.l. Ur of aln "d work. Miss
."""J th '"Perintendent,
andher co-workers are Dr. Jonah Bl
i &ilMx?:ug!n,a Orstle. Miss Mol
lj5i5,irMI,?.,El1 Hlrsch. Miss Hilda
Hexter. Miss Mina Boskowlts and Mrs
vldlntr for the carry Ins out of the refer
endum powers. i
Oonstitnnoaal Amendments.
The Issues before the court arise on
demurrer to th comtlalnt. and thaw
question in brief is whether or not me
takln of the referendum stays the tak
ing effect of the ordinance of February
24, 1US.
For the proper consideration of the
direct Issue Involved, it will be neces
sary to review In some detail tne pro
visions of the constitutional amend
ments conferring upon the people of
the state of Orearon the power or tne
1 li i lies, ii I V auu t va v
sequent acts of the legislature and the
common council or me cuy oi rurunu
passed In pursuance of the provisions
of the constitutional amendments ana
the subsequent ordinances passed by
said city council which have given rise
to the Issues In this case.
Cons ell Measures Exoladed,
The original initiative and referendum
amendment to the constitution was
adopted In 190: It reserved to the peo
ple of the state power "at their own
option to approve or reject and oppose
any act of the legislative assembly";
this referendum power was reserved to
the people of the entire state, and could
only be exercised at an election in which
all of the electors of the state could
participate. The amendment applied
only to state legislation. It did not con
fer upon the electors of cities and
towns to approve or reject at the polls
ordinances passed by their councils.
While these conditions existed, the leg
islature enacted the charter of the city
of Portland, and it went into ellect
January 13, 1904. Tne Portland cnar
ter contains no provisions for exercis
ing the referendum power upon ordi
nances passed , by the council.
Section 49 of the charter provide
that,
"Upon the passage of any ordi
nance, an enrolled oopy thereof, attested
by the auditor, shall be submitted to the
mayor by the auditor, within five days
from the passage of the-same by the
council, and if the mayor approves the
same he shall write upon It 'approved,'
with the date thereof, sign it with the
name of his office, and thereupon, un
less otherwise provided therein, such or
dinance shall become a law and be Of
force and effect l;
Section 60 provides that.
"If the mayor do not approve such
ordinance no submitted, he must, within
10 days from the receipt thereof, re
turn the same to the auditor, with his
reasons for not approving it, and if the
mayor do not so return it such ordi
nance cha'l become a law, as if he had
I1HISTS.IH
STORMY SESSION
New York Police Suppress
'Gas-House" Kelly and
Other Bombtossers.
Every man or woman
who suffers from a weak
stomach, inactive liver or
deranged kidneys should
hot hesitate another min
ute, but start taking
BITTERS
at once, because during the past
54 years it has cured thousands
of suclTcasfs. It also cures
Heartburn, Sour Stomach, In
digestion, Dyspepsia, Nausea,
Female Ills and Malarial Fever.
annroved it."
Section 61 provides that,
"Upon the first regular meeting of
the council, after return of the said
ordinance from the mayor, not
approved, the auditor shall deliver the
Name to the council, with the message
of the mayor, which must be read, when
teach ordinance, being put upon Its
pastfage. again, if two thirds of all the
members constituting the council, as
then provided by law, vote in the af
firmative, it shall become a law, with
out the approval of the mayor, and not
otherwise.''
Ordinance STow Zn Effect.
This ordinance was passed by the
council by a two-thirds vote of all
Its members at the first regular meet
ing after the same was vetoed by the
mayor, and thereafter went into ef
fect on February 28. 1908. and Is now
In force unless there Is some enactment
sunerior to the charter which suspends
its operation. The provisions of the
charter above quoted were enacted by
the legislative assembly of 1903, and
these sections have not been amended.
It la -alleged in the eomplalnt that the
officers of the city are attempting to
enforce the provisions of this ordi
nance. In violation of the law approved
by the legislative assembly February
25. 1907. (Laws of 1907. page 198.)
Section 11 of that aot provides that,
"No such ordinance shall take effect
or become operative until thirty days
after Its final passage by the council
and approval by the mayor, unless the
same shall be over his veto, and in that
case It shall not take effect, or become
operative until thirty days after such
final passage, except measures neces
sary, for the immediate preservation of
the peace, health or safety of the
city: and no such emergency measure
shall become Immediately operative
unless it shall state in a separate ac
tion tne reasons wny u is necessary
that It should become Immediately op
erative, and shall be approved by the
affirmative vote of three-fourths of all
the members elected to the city coun-
cil. taken by ayes and noes, and also
approved by the mayor."
Citations Given.
It will be observed that the provisions
of this act are in direct conflict with
the provisions of the charter above cited,
and if constitutional they amend the
charter In the particulars in which the
two measures conflict. It is well es
tablished that a general statute In di
rect conflict with the provisions of an
existing charter amend the charter to
the extent of such conflict.
First Dillon on municipal corpora
tions, fourth edition, section 85.
First Abbott on municipal corpora
tions, section 28.
In June, 1906, prior to the enactment
of the legislative act In question, sec
tion 2. article 11, of the constitution of
Oregon was amended to provide that,
"The legislative assembly shall not
enact, amend or repeal any charter
or act of Incorporation for any munici
pality, city or town. The legal voters
of every city and town are hereby grant
ed power to enact and amend their mu
nicipal charters, subject to the consti
tution and . criminal' laws of the state
of Oregon. . '
This constitutional-Amendment was
In force at the time the act of 1907
was passed, and clearly prohibits the
legislature from amending a city char
ter, and the act In question is in di
rect conflict with the constitutional
amendment, and is. therefore, void and
inoperative. Insofar as It attempts to
amend the Portland charter.
At the general election held In June,
1906, another constitutional amendment
was adopted, which Is designated as
section 1-A of article 4 of tfie consti
tution of Oregon; this amendment con
tains the following provisions:
"The initiative and referendum row
ers reserved to the people by this con-
suiuuon are Hereby further reserved
to the legal voters of every municipal
ity and district, aa to all lnr&l twntil
and municipal legislation of every char
acter. In and for their respective muni
cipalities and districts. The manner of
tne exercise of said powers shall be
prescribed by general law. excepting
that cities and towns may provide for
the manner of exercising the initiative
and referendum Dowers aa to thir mu.
nlclpal legislation."
it is under tne provisions of this
amendment that the' act of 1907 was
fiassed. It Is contended by the plaint
ff s that It Is this constitutional amend
ment Itself that repeals, revokes and
annuls the provision of the city char
ter, -fixing the timei -when ordinances
passed by the council shall take effect,
because they state the charter provis
ions are Inconsistent with and repug
nant to and In direct conflict with
such, constitutional amendment. '.With
this contention tne court cannot agree.
If this were true, then, when this con
stitutional amendment-went into effect,
tt Immediately annulled and repealed
tnese provisions ox me cnarter or. the
city of Portland, and also like pro
visions of every charter of every mu
nicipality In ' the state of Oregon, and
no time was fixed In said constitutional
amendment when ordinances of municipalities-
should ge. into effect and be
come operative, the' ordinances not only
of the city of Portland, but of every
munlclfiallt V In the utat nnnn
since the second' day pf JunertSOi, never
went Into effect, and have never yet
gone Into efefct because the legislature
has been deprived by another constitu
tional amendment of Its power to enact
Or amend municipal charters, and It
u' be conceded that the legislative
bodies , of the municipalities have no
(United Press Uased Wire.)
New Tork, May 9.-RIotlng. police In
terference, anarchlstlo demonstrations
and socialistic oratory and charges of
ballot box stuffing. Jumbled Into a dis
orderly two hours, marked Friday
night's session of James Eads How's
personally conducted national conven
tion for the unemployed.
Alexander Bergman, the noted an
archist, who was dragged out or the
hall for calling the police vile names;
Harry Kelley, who said he was a
printer, and "Gas House-- Kelley of
Buffalo and the Bowery, were the dis
turbing elements.
After the police had thrown them
out the' rest of the disturbers were
quiet and the last half hour of the
meeting was peaceful. "Gas House"
Kelley Introduced the first element of
discords At Wednesday nirht's meet
ing a committee had been elected to go
to Washington and lay the troubles of
the unemployed before congress and
incidentally to ask that 1150,000.000 be
appropriated for public works.
ft was- discovered after the election
that 88 ballots had been-cast with only
E eligible voters In the hall, and that
"Gas House" Kelley had been elected to
go to Washington. James Eads How
objected and ordered another election
for tonight
- Wfiln, , ' . M11G3 ' ViA WJ .
fto Kelly and '. -" . iLleiUentS l
I Dress Suits ,
IB . . ' ' B I ' i
wer to say when ordinances shall go
to effect, unless that DOWer is granted
to them in the manner provided by law.
Cannot Affect Charter.
In the act of 1907 referred to . by
plaintiffs' brief., the legislature did not
undertake to aay when municipal ordi
nances should go Into effect, but merely
said they should not go into effect with
in 80 days, but, as already stated, the
legislature has no right or power to
make even this provision, as it is posi
tively forbidden, by the constitution, to
attempt any amendment of any muni
cipal cnarter. it is unreasonaoie 10
suppose that the people intended by
this amendment to virtually nullify the
most Important provisions of the char
ters .of all ..the municipalities in the
state, w by this, amendment to prevent
tnese municipalities rrom conducting
their municipal business according to
established forms and provisions. It is
more reasonable to suppose that tt was
the intent or the rramers to extend to
the legal voters by the other amend
ment the power to amend their charters j
ana revise tne same to meet ineir luuu
conditions whenever, in their judgment.
they should so elect. If all charters
were amended or repealed by the single
force of this amendment, the most lm
portent municipal buslnssv In the city
of : Portland eould not He transacted
until the entire charter was revised and
amended, and this, of course, would
take a considerable length of time.
The people have the power at any
time to amend their charter, so they
wUl have a complete way of exercising
these powers, without bringing chaos
into their affairs. This was undoubt
edly the method contemplated by this
constitutional amendment, and, for
these reasons, the demurrer to the com'
plaint in this suit is sustained.
To Raise) Cotton.
Manchester. England, May 9.-The
members of the International Cotton
Federation have -taken the preliminary
etena for the formation of a eotton-
raislnv company, and to this end have
bought a plantation in Mississippi, sir
nalised as one having all the .moat mod
em' appliances for the work.
"Take it from me" says
Big Kellr, " dress clothes
has done rnore to straighten
out th East Side than th
police. An as for not bein
democratic, they make it sc
you can't tell th' guests
from the waiters, an' if that
ain't democracy, what is?"
"All my life I've been
goin' to dinners. I suppose,
one time and another, I've
eat a thousand. T I've t eat'
'em for the glory of St.
Patrick ; I've eat 'cm Wash
ington's Birthday. I've eat
five hundred dinners to free
Ireland alone.",
. "Buy this week's issue of
iTHfi S ATURDAY EVENING
POST, and read all that' Big
Kelly says about dress suits,
dinners, trusts, and things
in general.
by ae)!,
hino Com
At the Newt-standi,3 cents.
fl.30 the year
Thi Curtis Publishing CoMfAwr
PHILADELPHIA ' v .
0r Bora At Everrwhtrt
mr
it
I Cure Without an Atom
oi Drugs or Medicines
i 2. - -. is iew
( ... ' . . '
DR. ST. J. f liLTON
NATUROPATH.
There Is No Nonsense
In the tone of this letter from this lady
who had suffered a quarter of a century
and had taKen all Kinds or oruxs and
"medicines" In the 'vain hopo of having
her health restored. Every word Is
from the bottom of her heart. Every
eznresslon is that of gratitude, and we
rejoice that we were used as the lnJ
etrument that carried happiness to this
sister s life and joyi to ner saddened
heart '
A STOSO SZ8XDC0HXAX.
'Milwaukie, Feb. S7. 1908. For 25
years I suffered from Inflammation,
and those delicate troubles usual to my
sex, and several times during the last
11 years was unable, for months, to
be on my feet, and was in bed the
6 rester part of the time for-l months
efore I went -to. Doctor Fulton. At
that time I had come to the conclusion
tK.f mv lrMnva mm affected. When I
beaan treatment with the doctor last!
May I was bloated, had throbbing
Mini In mv head, and at times a se
vere pain In the region of my heart I
also was exceedingly nervous and my
lower limbs seemed heavy and lifeless
and very much swollen. After the first
few Naturopainic, treatments i wm
nervous than I had been for years, and
AT THE END OF FIVE WEEKS WAS
A NEW WOMAN! MOW I can OO BU
kinds of work, and lately WALKED
FIVE MILES IN ONE DAT! '
MRS. SARAH HATHA WAT,
HXBT TiaiTXTK JTtTBT AM KBABTTXT.
I have cured men that were forsaken
by hope and abandoned by expectations
other than those of gloom-and death,
and they, too, are strong, healthy ana
glad today. - -.
tbxxb ta wo mrMAir ATLBDswr
THAT 1 OAJfNOT BlaCa.
. MsrrrsiATiBig, xzvmaijua
All stomach troubles, all kinds of fe
male troubles, or any other disease, no
matter what, will more readily yield to
the Naturopathic treatment, than, to
any drugs or a million bottles' of the
stuff called . patent medicines.
A
DR. N. J. FULTON
Sit nth st, two blocks south of Jeffer-
son car, and one block from either .
, 11th or . ltth st. car, ;
Office hours-- to II, 1 to . Home
Cople
will he delivered to any
address by
James C. Havely Jr;
715 ZAST 11TK BT POJtTUlirD.
M. GRUEB TELLS
(Continued from Page One.)
lng the story about Martin. Dr. Qriffin
wrote me saying that Martin and his
father were already there.
"Martin was greatly benefited by his
treatment and I supposed that he had
been cured completely. I did jiot know
that he had returned to his. old habits.
If Z had I would 'have made another
effort to save the young man."
Aids Those Who jreed Kelp.
Thus spoke the sweet old lady, at she
proceeded to tell of her Interest In aid
ing those who have had misfortune.
She, herself, knows what misfortune
means and while she now lives 1n poor
circumstances, told today that at one
time she had known what wealth and
plenty means. Her manners, actions
and grammar bespoke the truth of her
statement relative to her former posi
tion more forcibly than the words she
used.
"No, I do not remember-how Martin
was dressed when he came to borrow
the revolver." continued Mrs. Qrueb.
"He was in a hurry and stayed about
live minutes. He was very pale and
left soon after I handed him the re
volver. I believe he wore a small tan
hat of some kind, but X would not swear
to this. I believe In being very care
ful In such matters. What I say might
aid in convicting him of tills crime
and I would not say a word about any
thing connected with the case that I
did not know to be absolutely trne. I
do not remember the kind of clothes he
wore. All I remember Is that he was
pale and In a hurry.
"Martin is a good-hearted man. See.
he left me this copy of the Pacific
Monthly. That was his nature. I be
lieve he Is weak, but I do not believe
that he would commit murder unless he
was crasy from the influence of the
drugs.
aid City Xmployed Him.
"When Martin came to the houso
Friday afternoon I was busy with some
work that I wanted to get out of the
way before I started getting dinner. I
did not stop to think that he might not
De telling tne iruin auuui wio maun.
Only one thing do I remember ..about
the conversation with Martin Friday
that was not to his credit. I gained
the Impression from what he said that
he was still working at the city engi
neer's office. Whether he told me so
In exact words or not I received that
)mrSoS8i0nbelieve that Martin killed
Wolff t I do not know and have no way
of knowing. .1 am of the opinion that
he pawned the revolver down in the
north end. I am not. sure that I would
know the revolver If I saw it again. I
bought it about four years ago becausa
I was afraid of burglars. Mr. Grueb
worked at night and that left me at
home without any protection, so I
bought the revolver, "when the burglar
scare passed away I had no use for the
weapon; I have three bulldogs and
feel amply protected."
That was the extent of Mrs. Grueb's
conversation. She was very loathe to
talk about the subject She did not
want Martin or Mrs. Martin to feel
that she was In any way trying to con
vict the man or that she even thought
him guilty. She said that If she had
only known Martin had resumed the use
of drugs she would nave inea again 10
save him.
rather Was OratefuL
Martin's father gave Mrs. Grueb credit
for saving the younger Martin from his
vicious habit He thought that his son
had been completely cured, and left
Portland In company with the young
man's mother in the' belief that his son
would never aa-ain resort to tne use
of morphine or cocaine. The elder Mar
tin stayed with his son long enough to
see him benefited to the extent that
his weight increased from 128 pounds
to ISO; saw his emaciated cheek fill out
with a more healthful tint to the com
nl.ilnn than ha had seen for years, but
probably went away too early.
Had the father" remained with the son
until ne was wen started again in ine,
his weakness might never have return! ;
to him is the belief of Mrs. Gnieb. al
though she said today that Dr. Griff in j
was sure Martin naaDeen completely
cured, the only aanger remaining oeing
one as to young Martin's mind. There
was doubt, said ' Mrs. Grueb, as to
whether Martin's mind would recover
Its normal poise after' having been under
the Influence of drugs for so many
years. . - f'-y. -
BRAZIL MAKES WAE ,
QN ANABCHIST BANDS
sin Tnlni. -May t.-The sovernment
miVin rorlatrv of the homes of all
workmen suspected of anarchism. The
record dooks or certain secret societies i
whose object - Is- not known have been i
plied," and 20. men who were banished
have been rearrested. Civil guards
rireaaeri as -ea wants are stationed in the
churches, to the alarm of the faithful, I
who are, frightened. .
pIRST.the sun COSTofanypainU
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protection. Not protection for today, to
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Lowe Brothers 'JHigh Standard" Liquid
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"Little Blue Plag" Varnish for fine
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' , - . -
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RASMUSSEN & CO., DISTRIBUTORS
N. E. Cor. Second and Taylor
Portland, Oregon
TERRA COTTA DOG
CAUSE OF LAWSUIT
(United PrM Leased Wire.)
New Tork, May . Chin Chlno. an
exhibit In the dog show which won a
prise and as quickly, lost it because (he
kennel Judge decided that his body had
been dyed terra cotta, continues to
cause trouble in the courts to his owner,
De Mercy Argent eau, Princess De Mont'
glyon.
The appellate division of the supreme
court has granted her motion to appeal
to the court of appeals from the action
for libel brought by Mrs. Ada Olive
Van Heusen of No. 68 Central Park
West and certified this question to be
passed on by the higher court:
"Does the complaint state facts suf
ficient to constitute a cause of action?"
One of Mrs. Van Heusen's pets won a
prise by the disqualification of Chin
Chlno. It was never discovered who
dyed Chino. De Mercy Argenteau wrote
an article to a. soorttng newspaper about
the case, and although no names were
mentioned, Mrs. Van Heusen sued for
$60,000 damages for alleged libel.
Robert Avery, counsel for De Mercv
Argenteau. in requesting the appeal
said his client had been seriouslv ill
at her country place at Tappan, "New
Tork, and that he was unable to ad
vise with 'her concerning the course to
be pursued In the litigation.
COLONEL 17. C. GREEfiE
Oil HIS DEATH BED
' (United Prus Leased Wire.)
Los Angeles, May . Colonel W. C.
Greene, the millionaire mining . king
and owner "Of the Cananea oopper mines,
is said to be lying; near "death todar.
Despite the efforts of three doctors.
who have been treating the patient for
a severe cold, la grippe developed and
now he is threatened with pneumonia.
His condition Is so alarming that his
whole family was sent for and It ar
rived at the Van Nuys hotel, where
Colonel Oreene Is being attended, last
night. . ,
ALFONSO'S CHILD IS
EXPECTED IN JUNtf
(United Preat Leased Wire.)
Madrid. May . Announcement wss
made today by Conde San Eugenlo, the
royal physician to Kin it Alfonso and
Queen Victoria, that near the latter part
TerraceParkSunday
TAKE M. V. CAR
of June the second child of the queen
Is expected to be born.
Bpeclal prayers will be held for the
queen in the cathedral tomorrow, and In
all parts of Spain festivities are being
held to celebrate the coming of th
child. The first birthday of the heir
to the Spanish throne. Alfonso, Prince
of the Asturias, will also be celebrated
tomorrow.
CHURCH WANTS UNION
MEN TO OBSERVE DAY
(United Pren Leapd Wire.)
New York, May . Eleven thousand
Presbyterian ministers representing the
departmwit of church and labor of that
denomination In all parts of the United
States will hold special labor services
tomorrow.
The Presbyterian church has asked
every union affiliated with the Ameri
can Federation of Labor to join with
the New York churches in observing th
day.
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