The Oregon daily journal., November 24, 1908, Page 1, Image 1

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VOL. VII. NO.' 227.
PORTLAND, OREGON, TUESDAY . EVENING, NOVEMBER 24, 1908. TWENTY PAGES.
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SUPREME
UPHOLDS MUNICIPAL RIGHT
. (Special' Dispatch to The Journal.)
Salem, Or., Nav. 24. Almost entirely upon the assertion of a broad application of the ini
tiative and referendum enactment and the subsequent amendments to that act, the supreme
court today; through an opinion written by Chief-Justice Bean, held that the Port of Port
land bonds, voted by the people pi the district in June, 1907, are legal. A test suit had been
Kr.i,rriif 9 a inst the 'Port of Portland district by Sylvester Farrell of Portland. The decision
of Judge C UGantcnbein of
i
City Can Engage in Busi-
ness of Towing and
Piloting.
Half Million Available
for Establishment of
Service to the Sea.
i
(Special Dlapatcb to The JonrnaL)
Salem, Nov. 24. The decision favor
able to the Port of1 Portland returned
by the state supreme court today holds
that:
"The initiative act and the amend
ments thereto should be read together,"
avs Chief-Justice Bean, "and be so in
terpreted, as far as they refer to the.
same subject matter, as to carry oui
the purpOne of the people in adopting
them regardless of the construction ot
some of the language used." He says
further In-another part of the opinion:
The initiative and referendum law is
In many respects Indefinite nd uncer
tain, due no doubt to the fact that it Is
the firs of the kind to be found on the
statute books or tms coumrr, ana
f ramers were unable to anticipate all
possible contingencies that might arise.
The obvious Intention of the legislature
n Its act of 107 (extending and apply
ing the law. has been to provide for the
application of the Initiative and referen
dum in all cases authorised by the con
stitution." City Can Control BJver.
An act was adopted by the people of
the district, under the Initiative pro
vision of the constitution. In June, tit
establish and maintain efficient towage
and pilotage service between the corpo
rate limits of the city of Portland and
the sea, to promote the maritime, ship
ping and commercial Interests of the
Port of Portland. To that, end power is
conferred by the act to purchase, lease,
contract and operate steam tugs and
dispose of bonds not exceeding $500,000.
Sylvester FarreU brought suit in
Judge Oantenbeln'a court in Multnomah
county, which has Jurisdiction In the
Port of Portland, to enjoin and restrain
the board of commissioners from carry
ing into effect the provisions of the, act,
on the ground that such a law was void.
Contra Hons of Act's Toe.
Three main contentions were put for
ward: That the people of the Port of
Portland have no power, under the con
stitution, to propose and adopt at the
polls an amendment to the act incorpo
rating the Port of Portland; If they
haveBuch power. It cannot be exercised
except in pursuance of some general
lew providing the manner and method
of such exercise, and no" such law has
been enacted; that the law as adopted
and now In . question is not In fact an
amendment, but Is an attempt to con
fer power not germane to or connected
with the original purpose of the Incor
poration. The chief lustlce held, however, that
the Port of Portland is a municipality
and Is not excluded by Implication from
the operations of the initiative amend
ment to the constitution, as contended;
that It has every advantage of any other
municipality, and is similar in this re
spect to any other town or city in Ore
gon. XOka Drydock Cass.
As decided by Justice Wolverton in
the previous case. Cook vs. Port of Port
land, the district also has power to op
erate a drydock and collect tolls, there
lore there is no reason why the district
should not also have power to operate
a tug service and collect tolls for its
maintenance.
The Port of Portland commission will
at once begin preparations to take over
(Continued on Page Three.)
ERR G PASTOR
Sheriff Spurlock of Throckmorton County, Texas, Iden
tifies Rev. George C. Clarke of Gardiner as JJev.
George C. Summers of tne Lone Star State." .
(Special Dlanstcb to The Journal.)
Salem. Or.. Nov. 24. On presentation
of requisition papers today by Sheriff
3. O. Spurlock ,of Throckmorton county,
Tsxaa,' Governor Chamberlain Issued an
order for ths return to Texas of Rev.
George a Clarke of Gardiner, wanted
fn that stats on a charge of swindling
Mrs. Lena Cloud out of $100. Rev.
Clarke waa known In Texas as Rev.
George C. Summers an was identified
s Summers 7 Sheriff Spurlock, before
he arrived In Salem. with ths papers.
Clsrke is confined in the jail at Rose
burf, but will accompany ; ths sheriff
to-Texas tomorrow, t r
-The crime for which Summers Is
Wanted was committed tn Augubt, 1904.
He represented to ths Tiusband of Mrs.
Cloud that he needed $100 for th pur
pose of having an ooeratlon performed
COURT OF STATE
MMHMMmM
the lower court was upheld.
ST. PAUL COMING HERE
OVER If ARRIMAN LINE
I i.
. x-. .
Officials of Two Great Transcontinental
Roads Agree on
Tacoma-Portland
and Washington
TO. W. Cotton, chief counsel for
the Harrlman interests in the Pa
cific northwest, and J. D. Farrell of
Seattle, head, of the. Oregon Wash
ington railroad, which Harrlman Is
clannlni to build from Portland to
Tacoma, and according to reliable
Information, have completed details
of an arrangement whereby the Ore
gon & Washington line, the building
of which has been delayed for bo
long, will be constructed at once and
that portion of it between Tacoma
and Portland will be used Jointly by
the Harrlman lines and the Chicago,
Milwaukee & St. Paul
Both Mr. Farrell and Mr. Cotton
are In the east and it has been un
derstood In the general offices of
the Harrlman lines in this city that
they went to Chicago and New York
in order to confer with Mr. Harrl
man and representatives ot the St.
Paul road on the joint user scheme,
but nothing definite is fcnown about
the proposition even, by General
Manager O'Brien.
The first meeting of the represent
atives of the two lines was held last
week In Chicago and, both Mr. Farrell
tff Seattle and Hr. ppttpft' of Portland
were there. The, ouestWn Of division
of territory and traffic which has come
up since the completion of the St Paul's
coast extension to. wtthn a compara
tively short distance or us goal was
,,A an, nlaVta fnrf the Intern.,,
of Important section, of the two sys-l
NATIVES RISE
(United Preas Leased Wire.)
Cane Town. Nov. 24. Armed natives
attacked a passenger train near Johan
nesburg early today, riddling the
coaches with bullets and Injuring sev
eral passengers. The attack Is believed
to nave Deen tne result oi i rou
bles, which have been growing at an
alarming rate lately, and It is probable
the government win ds .assea to uute
action.
(
on himself, and offered a horse, which
he said he owned, as security. Mrs.
Cloud, who had money, was, upon such
representation, persuaded to let Rev.
Summers have (100.
Summers therupon departed and at the
same time a pretty gin or Throckmor
ton county disappeared also. Her name
was Elizabeth Massey. He was duly In
dicted by the grand Jury but no traoe
could be found, of him until this sum
mer, when an old acquaintance- of Sum
mers happened Into Gardiner where
Summers, under the name of Clarke, was
occupying the pulpit In ths Methodist
church and living with Elisabeth Mas
sey, .It.
No resistance to extradition was made
by Clarke today. Clarke, with a num
ber of Methodist ministers, however,
visited ths governor last! week, asking
him to' Investigate thoroughly ths Iden
tity of Clarke before Issulnar the order
for extradition. . 8ummets nas a wife
and three cnHdrea la iexas.
III TRANSVAAL
A
Plan for Joint Use of
Tracks of Oregon
tems were discussed in detail. News
was received here today thatthe nego
tiations were practically completed.
The most important stretch of track
considered at the conference was the
section between Tjlcouis and Portland.
The St. Paul has at all times consid
ered entering Portland as soon as its
main Hne-waS completed. The Oregon
& Washington, which is contemplated
as an extension of the Southern Pa
cific from Portland to Seattle via Ta
ooma has been ready for actual con
struction work for some time.
Mr. FarreU, In general charge of the
O. & W.. stated In Portland last fall
that he was ready to begin actual con
struction work. Including the tunneling
of the peninsula between the Willam
ette and Columbia rivers, as soon as
Harriman gave the word. He thought
that that word would be given before
the first of the yean However, he did
actually commence some work on the
Tacoma' terminal of the road, and has
a crew of men tunneling at Tacoma
now.
If the St. Paul will be able to enter
Portland over the O. & W. tracks it
will mean an immense saving of ex
pense to them. They have not even sur
veyed a line nor acquired their right
of way as yet, while the O. & W. would
offer them a complete line between the
two cities. In return it la possible that
Harrlman will use the tracks of the St
Paul between Tacoma and Seattle.
The building of the O. & W. would
be of Immense Importance to Portland
and would mean the beginning of even
more work on the peninsula which for
a year or more has been the center of
railroad bulldlna- In and around Port
land. If the arrangement between the
Harrlman lines and the St. Paul-goes
through as expected work will begin at
once on the new Tacoma-Portland line.
It la said that the St. Paul line will
be completed at a saving of $25,000,000
over the original estimate. The line
complete will cost in the neighborhood
of $150,000,000. It Is also said that the
Pacific coast feeders to the St. Paul
line will enual in mileage the main cross
continental tine.
(United Preaa La! Wire.)
Los Angeles, Cal.. Nov. 24. Sailing,
eastward through the clouds or plod
ding over the deserts .of southern Cali
fornia are Captain Mueller and J. K.
Hutchinson, staff correspondent of the
United Press, who ascended here yester
day morning In the balloon 'United
States,", and who-have now vanished.
With but five sandwiches and one
pall of coffee In their larder the aero
nauts are unprepared for a voyage of
any duration and fear Is expressed that
they will suffer from hunger.
When they made an ascent yesterday
the aeronauts intended to take their
gas bag to a height of 20,000 feet, study
the air currents preparatory to an east
ern flla-ht 4n the near future and' de
scend, in the evening. On ascending
they encountered the exact eastern cur
rent thev were seeking and at a height
of nearlv three miles started eastward.
It is believed here that, fired with the
ambition to make a successful voyage
while the weather conditions were
right, they have set off toward the At
lantic seaboard, determined to make as
long 'a , flight as possible before their
balloon, which la inflated with ordinate
city. gas. collapses and forces them to
The great height at which the "United
Statesr was sailing yesterday made It
very . difficult to observe its progress
and It was but a short time until It waa
lost to sight entirely.
' Reports from El Casco six miles east
Of Kedlands. last night said a speck
was seen high up In the sky which was
(Continued on Tjags Three,):
BALLOONISTS
ARE FLYING
EASTWARD
THEORIN ItJ
I AT
Captain Now Being Hunted
for Murder of Watchman
Easmussen Once As
saulted Owner of Sloop
Condor.
(Special Dlipateh to The Journal.)
Waldport, Or., Nov. 24. An lnspec
tion of the records of the Justice court
for Alsea precinct shows that Fred
Theorln, suspected of the murder of
Watchman M. C. Rasmussen of the
steam schooner Washington, was under
arrest on October 9 for an assault on
George F. Wittmer, one of the owners
of the gasolene sloop Condor, on which
Theorln was employed as captain.
The Condor arrived In Alsea bay Octo
ber 8. Shortly after her arrival she was
boarded by George F. Wittmer who, be
ing one of the owners, wished to In
spect the ship's papers. Captain Theo
rln had gone ashore and Wittmer opened
the drawer which usually contained
these documents and findlnar them In
large envelope, took them to the office
or tne waiaport iumoer company, two
blocks distant, In order that Mr. Warm,
the bookkeeper for the company, might
assist in making out the bills.
UDon ODenlrxr the nackaae It was dis
covered that Captain Theorin's license
and his naturalization papers were also
in the envelope. Nothing was thought
or mis at tne Timet out later in tne
evening Captain Theorln entered the of-
rioe or tne company, where wittmer and
Wann were still at work on the ac
counts, and demanded the return of the
papers. An effort was made to sort
out the captain's papers hurriedly, but
before this could be done, he made a
rush at Wittmer, delivering several
blows which did considerable damage,
and gave Wittmer a black eye. Wann
Immediately seized Theorln and he was
ejected from the office. A consultation
was held in which Justice E. Ooln ad
vised that the papers be sorted out and
those belonging to Captain Theorln were
then delivered to him.
The following morning it was learned
that Captain Theorln had made threats
against tne lire or wittmer, whereupon
the latter swore out a complaint and
(Continued on Page Three.)
VOICE FROM THE
EASTERN PRESS
Keep the Promises.
From the Buffalo Express. Rep.
At the state election in Oregon
last June each candidate for the
4 legislature was asked to sign a
pledge called "Statement No. 1," 4
binding himself to vote for the 4
candidate for United States sen-
ator who received a plurality of
the popular -vote. Candidates 4
had the choice of signing or re- 4
-9 fusing, but a considerable ma-
Jorlty of them s'gned. Accord-
4 lngly, the parties nominated 4
their candidates for senator, and 4
4 a. regular canvass was made to 4
obtain popular Indorsement The 4
4 Republican candidate was Judge 4
4 Henry M. Cake and the Demo- 4
4 crats named Governor George B. 4
4 Chamberlain. When the votes 4
were counted It was found that 4
51 men who had signed "State- 4
4 ment Np, 1" had been elected to 4
4 the legislature. On party lines, 4
4 however, the Republicans con- 4
4 trolled the joint ballot, but the
Democratic nominee had received 4
the majority for United States
senator. The directions of the 4
people, therefore, required the 4
election of a Democratic senator 4
by a Republican legislature. 4
4 The chagrin of the politicians 4
4 was considerably increased when
at the recent national election,
Oregon gave a plurality of 25.- 4
000 for Taft Consequently, 4
plans to get around the pledges 4
In Chamberlain's favor have 4
come to a head. It Is proposed 4
4 to circulate petitions absolving 4
4 the legislators from their 4
pledges. 4
4 It would be better politics snd 4
4 better morals to observe the 4
4 promises in good faltb. The 4
4 question of party Is of compar-. 4
4 atively little importance, A sen- 4
4 ator should represent the people
4 of his state, not merely a party
4 name or organisation.. It would .4
4 have been gratifying to all Re-
4 publicans If their party had pre-
4 sented the candidate who re-
4 celved the popular Indorsement, 4
4 but it would be much better for 4
4 the party to lose a senator than 4
4 to have the reputation of being 4
4 unworthy to be trusted to keep 4
4 Its pledges and to carry out the 4
4 popular will, 'ihe Taft vote 4
should make no difference., Much 4
4 of that vote ny have meant 4
4 that the voters preferred Taft
as an 'Individual, rather than his 4
party. At any" rate, the people .
voted for ChamfeirUij antHthtr ' 4
decision shoul-1 be respected.
... - .: -M ..--
THE PATHETIC SIDE OF THE
VAN VLISSENGEN FORGERY
I if " Vv r j
I t j 1 - J?
I : hti V 'ArVvy s ? I . I
IAW-' a I
Real JSnfferers in the Van Allsingettl'Wfi;ery Caae, Mrs. Peter Van
Vllsslngen
One of the most nathetlo sides of .the
Peter Van Vlissena-en fors-ery case, re
cently reported in dispatches from Chi-'
cago, is the sudden snocK and cnange
which has come to the wire and son.
For years they have lived In luxury
and been given every pleasure that they
mlaht desire. A beautiful home, auto
mobiles, social standing, a loving father
and husband. .
All this is chanced in the course of
24 hours. Today the husband and
father is a self-acknowledged former to
the amount of over a million and a
quarter dollars. He has attained this
money in such a way as to make him
one of the worst class of criminals,
for he operated among his friends,
who had trusted him implicitly.
Instead of going to the state , peni
tentiary, as expected, he Is today labor
PLAN TO FIGHT
FREIGHT RATES
Strong Organization Formed
at San Francisco to
Protect Shippers.
(frilled Preaa teased Wire.)
San Francisco. Cal., Nor. 24. Prepar
ations are complete for a - secies of
meetings and conferences, having for
their object the organization of a
strong opposition against the ' new
freight rates which have been threat
ened by the transcontinental railroads
and which. It is claimed, would work
grave injury to the interests of the Pa
cific coast tanners, fruit canners, fruit
driers, bean growers, ship chandlers and
shoe finders.
The object of the meeting will be to
enlist the assistance of the Merchants'
Kxchange and the Chamber of Com
merce In presenting the, claims of the
growers, manufacturers' and shippers
to the interstate commerce commis
sion. A special meeting of the' traffic
bureau of the Merchants Exchange will
be held tomorrow, when data support
ing the contention of the business men
will be presented. A special meeting
of the Chamber of Coramerce'wll prob
ably be called later In the week and a
convention of business men will be as
sembled at an early date under the aus
pices of the California Traffic associa
tion, all having as their object the same
protest Against the new tariff.
trIeTshIIg
TRICK TOO OfTEII
Mme. Clementine, Crack
Shot, Aims Too" Low,
Kills Man.
(United Press Leaaed Wire.)
London, Nov. 24. White holding a
target on his head , In a local muslo
hall to be shot at by Madame Clemen
tine. Herbert Lee was struck by. a bul
let -and .died today.- Lee- and Madame
Clementine had been giving the same
act In vaudeville for. 18 years and
never before had an accident occurred.
The woman has been placed under arrest,-"
-;-: v - -:s-x . : - -; '. r: .. a i
5
and Her Little Son. ( ,
ing over the accounts ' of his office In
an endeavor to xhov exantlv ' who was
swindled and who was not. He claims
inai no one but himself was Involved
in the case, but circumstantial- evi
dence points otherwise and the prose
cution has undertaken a , careful exam-
iimiiuii ip see lr otners are not equally
Involved with Mr.-Van Vllsstngen.
Mr. Vhn Vlisslngen's property has
already been attached and an endeavor
will be made to secure all available
assets In order 'to pay off, as far en
possible, the embesxlement. This will
leave the wife and son In practically a
penniless condition, with the head of
the household serving time in the pen
itentiary. No sympathy whatever is
extended to the forger, but all hearts
go out to the pathetic case of the Inno
cent suffering for the guilty.
VISITS UIIIOH
"I Came Up to See the Boys''
Seneca C. Beach--An
Anti-Statement Plot.
(Special Dtioateb to ! Journal t
La Grande, Or.. Nov. 24. Seneca C.
Beach of Portland spent yesterday In
La Grande and T'nion, going lrom this
cltv to the former county seat In an
auto. Mr. Beach said:
"I came up to see the boys, and on
land office business."
Those who know say nothing of the
real object behind his visit, but Beach
was In conference with men known to
be strong anti-Statement partisans.
S. F. Richardson, Republican representative-elect,
declares himself em
phatically n favor of Statement No. 1.
it is not known that Beach saw Rich
ardson, but it is very certain that he
came to eastern Oregon as a representa
tive of Fulton to work up anti-Statement
No. 1 sentiment.
Smashed Glass; Snatched Jewels.
(United Kresa Lraaed Wtre.)
Belllngham, Wash., Nov. 24. In ap
proved metropolitan crook style, bold
thieves last night smashed a plate glass
window In Ludwlg & Collins" Jewelry
store and escaped with booty worth
about $100. The window was shattered
with a block of wood.
Fill TUN
More Employment
"'Home inHuitry' means much
than the average person imagines,"
J of the East Side Boiler works. "As long as people think that the J
money they spend vith home manufacturers is only "for the benefit '
of our manufacturers, our industries will not develop as rapidly :s,
J they should. When the consumers understand the benefit the ex- X
pansion of home industries wjll be to- them; they will -jive the;
T preference to Oregon concerns. The more money paid out in wag;es" 1j
2 in a city, . the more prosperous the city becomes, v Many - gmall
.factories cannot afford to carry a "heavy stock of- manufactured
J goods, and on account of not being given sufficient time to manufae-
ture to order," large orders find their -way to outside markets. Con-
sideration for; home industry "would giv' our" firms a good 'margin
J of time to fill orders, and, would mean hiring many more skilled men,
who jvould. naturally 'spend their money here and ait in bui ' 4
up the state .
i ; at? ? j
BRITONS FACE
PERIL III
INDIA
Government Responds to Ap
peal for More Troops to
Deal With Menacing Situ
ationHigh Class Ilindus
Leaders of Revolt.
(United Tress Leased Wire.)
London. Nov. 24. The seriousness of
the Indian uprising has caused the gov
ernment to take vigorous action both
here and In the affected districts. The ,
war office today ordered a substantial
military enforcement to proceed lmme- ,
dlately from Aldershot to the scene of .
the Impending revolt. It being represent
ed to the authorities that the local of
ficials in India were unable to cops
with the situation and were sorely in
need of troops. ,
Word reached the foreign office today
that Lord Mlnto, Viceroy of India, had
called a conference of the council of
India at Bikanlr to consider plans for
the suppression of sedition and to dis
cuss the proposed law to replace ths
present one, which la lame in dealing
summary punishment to mutineers and ,
anarchists.
Reports of extended police investiga
tions among the Hindu "reds" dlaeloss ,
the existence of a far reaching organisa
tion numbering hundreds of thousands
of natives, uent on overthrowing Brit-,
lah control, murdering Lord-Mlnto and
Lord Kitchener and seizing the machin
ery of government to place It in the
hands of the revolutionary society.
Government assurances that the high
er -elass natives are out of sympathy
with the movement are known to be
baseless. The best educated and highest
caste Hindus sre known to be the real
organisers of the anti-English- conspir
acy, and several of the richest and most
powerful native princes are among those
most strongly suspected. .
. King Kdwerds liberal birthday ad
dress to India a few weeks ago has evi
dently been passed over by the con
spirators, as too vague In Its promises,
as untrustworthy or ss pledging less
than the minimum which the natives
are willing to accept. It has, in any
event, been wholly without effect In
allaying discontent.
English officials and business men
are less fearful of Great Britain's in
ability toehold the. colony than of the
ruinous expense of a prolonged struggle
with the Hindus.
WANT WARSHIPS
KEPT III pacific
San Franciscans Send Be
quest to Roosevelt to
Defend Coast.
(United Preaa Leased Wire.)
San Francisco, Nov. 24.-A request,
addressed to President Roosevelt that
the Atlantic battleship fleet be kept in
Pacific waters, signed by Mayor Edward
R. Taylor at the request of the board of
supervisors, is on Its way to Washing
ton. A resolution requesting the reten
tion of the fleet m the Pacific was
passed unanimously bv the supervisors
late yesterday. A portion of tie reso
lution reads: '.
"Its departure will leave exposed our
possessions In the Pacific and 0ur Pa
cific coast cities and. in view of all the
circumstances. It Is extremely desirable
that the fleet should remain in these
waters."
Mrs. Bachus Acquitted.
(United Preaa Leased Wire. v
Lewiston. Idaho. Nov. 14. Mrs,
Nancy Bachus. the young widow of J. M
Bachus of Gtfford. was frwed of the
charge of murdering her husband by a
Jury in the district court late yesterday,
which returned a Verdict of not guilty
after 26 minutes' deliberation.
Brake man Killed
(United Preaa LaaI Wlr.
Los Angeles. Cal., Nov. 24. Samuel.
Hayes, a' brakeman, Is dead as the re
sult of a freight wreck at Hugo Siding.
20 miles south of here on the main line
of the Southern pacific. Several nil
cars were derailed and traffic was de
layed eight hours. . ;.
for Skilled Labor
more for those who patroniae it 4
said R. W.-Orewiler,-proprietor,