The Oregon daily journal., December 02, 1908, Page 4, Image 4

THE OREGON DAILY JOURNAL. PORTLAND. WEDNESDAY EVENING. DECEMBER 2, ' 1S03.
ORD ALEXIS
PRESIDEfJT
People' of Port Au Prince
. Kise; Joined by Alexis'
- Troops Simon Slates
.Himself for Kuler Legi
time ProTisional President
IJnltl Vrr T.eI Wire.)
Port Au Prince.' Hayti, Dec. t. Port
Au Frlnc rose, In. revolt against Fresl
nt Nrd Alexia today. ; The peoplo
seized Ui crty ant established a. provis
lonal government with General Leslttm
acting m temporary ' president.
coup d'etat was accomplished without
resfatanc on the part ot the govern
ment troops, who were In complete sym
pathy with the revolutionary movement
t the capital.- - , - ' .
Th. sentiment. o tn people of the
capital le agalnet the continuance of
the etruKgU-wlth General Simon. About
whom the revolution crystallised. It Is
believed the revolt at the capital, will
nd the revolution, . , , " .
Oeenral filmon. wUl probably attempt
to become the head of the government
He is etill several mile from Port AJ
Prince. , He hu previously announced
that hie attack .would .be on JacrneU near
here. Instead of on the capital." but It Is
believed today' development Will end
the lighting. ' ; -
. HAD K POWER ,
(Continued From Pag One.)
an opportunity to Invoke the 'refer
ndnm. should thev so desire.
Of course, the situation prevail, that
should an ora inane d inrorcea lmmeu
lately after lta passage by council
and no action be taken to refer tt to
the referendum. It might be held
by the courts that the - failure of the
people ta object. "to It would, remove
the right to object to Its lnforcement
and tii lit aucn action wouia d regular
and blndlnr. w .,.--.... . . f
The decision makes plain the peat
need for immediate revision or the fort
land city charter. The eult In the Drat
place grew out of a conflict between the
provisions of the charter and the state
law. il u unjviucu n-n vuAstw
shall become effective immediately after
its passage by the council ana signature
by the mayor. The referendum amend
ment gave the people of the state the
right to pass on au municipal legisla
tion. . .
Wbat law PTOTtaes.
This amendment to the constitution
provided that the legislature should
specify how city ordinances should be
iihmittcrf tn the referendum. - The act
nt 1007 fnllnwlnr out this constitutional
direction, provided that days should
elapse after the passage of an ordi
nance before It should become effective
in order that the people wouia given
an opportunity to invoke the referen
dum. Th lerlsla.ture also enacted a
law erovldinn- that the cities Of - thel
state should have the power to amend
their own charters, Irrespective of leg
islative enactment It was contended,
ih.r.fnra hw ths ' eltv attorney, that
since tr.s state law provided that cities
should govern their own law enforce
ment, and that since th charter of
Portland said that Us ordinances should
become effective as soon as passed, the
referendum provision did not apply to
Portland. Tna decision of th supreme
court overturn this theory.
INSANITY AND SELF
(Continued from Pag One.)
prove of lie ord.lnan.ee the tax will
have already been collected.. ; .
This peculiar situation comes about as
."-result of the decision- rendered by
r.tfln tit tfi& mtaim lunrftmA court
yesterday, whioh tn urn -grew put of
the enactment of an ordinance by the
rltv counoii In February. 1808, pro
viding for the taxing of various kinds
. vtMrW)a .iimiI .within - the cttv.
This ordinance "was passed by the
council over- the .veto- of- the mayor. It
was opposed, however, and the referen
dum was Invoked Suit was then .be-
f un to enjoin the city from inforclns
he ordinance- pending, th. decision of
the people by their votes. When the
petition for injunction .was presented
to . the . circuit court Judge Gantenbeln
sustained a demurrer submitted by the
rlrv attnrnev. dismissed the suit and
ordered that the taxes -eeulA b--eollt-4
d. . ' '""-, ' ' r J - i
' '.SI Proceeded to Collect.
Pursuant to this decision th city gov
ernment haa proceeded to collect the
taxes provided for In the ordinance and
to date f9,O50 ha been paid Into the
city treasury. In greneral detail, con
tractor employing dirt wagons, hotel
with omnlbu service, automoblllsta, de
livery wagons of all kinds, express wag
tons, drays, backs and trucks all have
: paid their quota Into the treasury.
The decision Is far reaching in tm
rortanee, and will undoubtedly affect
he business and law enforcement ft
every city in the state. It provides. In
short, that no ordinance passed by any
city council In the state (unless neces
sary for the public peace, health or
safety), can be effective until f 0 days
have elapsed from the time of Its pas
sage, that length of time being allowed
bv the law of 1SQ7 for the invocation of
the referendum. 'Any aet ef "the city
' 1UW UUI.il I. . dUT VHT CIJi Ul L111N nil
ordinance prior to th expiration of . the
iso a ay time limit wouia d illegal ana
would affect the validltv of the Issue.
For instance, .under the ruling of th
supreme court, all municipal bond -Issues
voted, all improvement contracts . let
ell municipal business of any sort put
In operation by ordinance must be held
in abeyance for 30 days from the pas
sage or tne ordinance oeiore tn rirst
--; steps can be taken.
Delays Bond tales.
' in other words, should ': a city iy
ordinance provide for the sale of a
. lot of improvement bonds, and the sale
should be made before the expiration
of the 18 days, 4K la very probable tha
the vitality of the transaction could be
, attacked, especially should the referen
dum be Invoked on the measure.-
Th decision of the supreme court,
in short upholds the right of the peo
ple of all cities in the state to the use
- of" the - referendum on question of
municipal government - No ordinance
can now be passed by 'any city council
that can not be subjected to the refer
edum, except those emergency measures
aemanaea ey tn puouo peace, heaitn
or safety, and all ordinances passed
must wait for 10 days before becoming
effective In order that the people of
the city passing th ordinance may have
Here are the two new
styles ot Rainproof Coats.
Ctves
other
The military collar
n rfeet nroteetion i
f - r- :
tical features.
The other coat is cut in a
fashion that makes it equally
adaptable for sun or shower.
Special value today at
915.00.
tOiliiis
detectives, testified before the griev
ance committee of th Stat -Bar asso
ciation that Hitching cam to him with
i proposition to have Tom Kay popu
late a -certain noiei on wm.
with women of evil repute and then raid
on tne grounds mat 11 was a uuu
in yam. n'h idea was that the
owner of the building had leased it for
less than It would rent, for at the tlm
the proposition was made, and the lessor
wisnea to una grounus ur vrc.inB u
It a nronosed hv th defense that. tS
any effort is made by the prosecution
to connect Hitching with the murder
pf Fisher, all these -thing would be
brought out to snow tnai ma laaumony
is worthless. These things were all em
bodied in th charge preferred by
Ralph & Fisher against Hitching in
the presentation of the matter.
lawyer Plans sepiy.
Hltcmngs preparoa a ivv'Ti
he says it was prepared for htm by one
or the most prominent uwramn r w
Portland par, in wnicn ne inrn
Ralph B. Fisher, John T. Logan and
other with having entered into a con
spiracy to blacken hi character. The
supreme court has not yet handed down
its decision in the dlabarment proceed-
Eeputy District Attorney Fltxgerald
stated this morning that he did not be
lieve that there ever was any conspir
acy for the actual murder of Fisher, but
he believed that the lawyers against
whom Fisher brought disbarment pro
ceedings wer In the habit of meeting
together, thre or four of them at a
time, and discussing th matter, and it
waprobable that sevcral-of -them- had
a band in uie wming ua kuuioi v
J?".1?:- v. .,1.1 a t A B-fnnh
for tnmurder of Ralph B. Fisher prom
ise to bring to light a number of un
savory Incident and to Involve several
more or less reputable attorney of the
Portland bar, 7 ; ,
nncn was as uncommunicauTs
ever this momins;. , e wouia not ui
eus the story that h told details of
th killing Ot Eisner to ouier county
Jail prisoners or person. When re
minded that this is of vital Importance,
as it tends to prove that he has been
shamming,' he said he would not discuss
ltFhich did say, however, that b doe
not remember the shooting now, and
he said that oa Saturday he was la still
lu condition to remember.
"I am in no shape to -take about It
now." he said. "I am havlnar all I can
do to keen myself together, and the
beat I can do is to keen a auiet
I cart and rest No, I do npt remember
that I have talked over the event
of last Saturday with other prisoners
any more than 1 have talked, with
th newspapers.'? a. -j -; ..:
DYING MOOSE KICKS
OUT GOLD CHUNKS
' (Halted Press teased Wire.) 4
Belllngham, Wash, Deo. 2. That th
death of a big bull moos, famous as
"the Anaconda moose," sought by hun
ter for many months, led to the dis
covery 01 a soia iiiiJio mat is now
bringing In thousands of dollars, 1 the
story that has been received in this
city from Alaska.'
Oscar T. Nelson, formerly floor man
ager of a skating rink In this city, 1
the man who is reported to have mad
the sold strike. Kelson . writes to- a
brother Tn this city that h was hunting
and prospeotlng with tw other men on
Fairbanks creek when the big moos
was shot When the animal was being
cut Into quarters Nelson discovered that
the rock which had been exposed front
under a layer of moss torn loose by
toe convulsion of the dying beast, bore
gold In largo quantities. Th three
hunters made closer Investigation of the
ore with their magnifying glass and Im
mediately staked out a number of
claims. The next day they went to
Fairbanks to file their claims and have
their ore assayed.
Kelson stated that the rock bor Very
high values In gold and when the Falr-
oanas people learnea tne news a rusn
was started In the direction of th new
gold strike. -
ANNA'S COUNSEL
BOASTS COUNT BONI
UIUA LID
FRAUDS REVIVED
J":: . SJSBSSffXSBaasSWSSBssaBMSSBOTa "' ' ., j Jf .J ,
Decision on Suit Filed at
Pendleton May Have Im
portant Bearing:.
(Special Dlipatc te The Jonraal.)
Pendleton. Or., Pec 1. Following
closely upon a rumor that a civil suit
waa to e commenced wnicn wouia in
volve an Interpretation ef th federal
laws under which indictments were
brought against prominent local mei
for the alleged Umatilla land frauds,
th filing of the causa of J. H. Lawrey
vs. Charles Hannah, by Attorney D. W.
Bailey, has set the learal fraternity In
Pendleton to - wondering ... Just what
the action means.
On its face Lawrva suit .arainnt
Hannah is a fight being made by the
plaintiff to secure- possession pf a
tract of land which be ourchased un
der th Fulton amendment 'to the act
of 1891, which opened certain lands upon
th reservation to sale.- By the terms of
th Fulton amendment Where such land
was araslna land in character it mlaht
be purchased without a residence" being
required, under tnts amendment juaw-
rey made his purchase, which was con
tested by Hannah, upon the ground that
the tract In Question was agricultural
land. The contest was sustained and
Hannah allowed to purchase the tract
lawrey fceoelved Ho Honey. 1
Rnt lavrev. aeeordlna? to his com
plaint did not get back the money he
paid tne interior oeparunent. tor tne
.nit - A Im hi. .,, k. nfin tnil - tK.t
the land office had no right after hav-1
frig accepted his money, to allow Han
nah's contest and permit a second pur
chase. .
It is this point so local attorneys oe
lleve, - that affects the criminal cases
how pending. A construction of the
case and the laws by the district court
ner will permit tne matter, to oe car
ries tnrougn - tne supreme court ot tne
state to the supreme eourt of the Unit
ed Btatea en if the courts should hold
that the land office had no right to
fro back en tne original saie to iawry.
t is believed that such a ruling would
prove a strong factor In th alleged
iraua prosecutions..
Another important errect ot sucn
ruling would be to Invalidate several
similar eontests which the land office
has upheld and upon which seoond
purchases nave Deen made, and tnrougn
wnicn settlers upon several sucn agri
cultural .tracts would lose their homes.
Zato the TederaU Const.
Blnce so manv federal Questions are
Involved in the action it Is aulte prob
able that 1t will be taken into the
federal courta Indeed, it seems that
such action was at first contemplate.,
as upon the original pleading as filed
In the clerk's office appeared an erasure
of a headtnsr lndlcatins; that the federal
court was- at first considered as the
place -to bring the action.
The theory of the action brought by
LAwrey seem to be tnai tne govern
ment had no rlaht to soback of the
original purchase, and that when Lawrey
had Dftlii over the monev the land was
his. Should such an. Interpretation be
upheld in the court it is possible that
it miftht be made to similarly apply to
Uie eases ; under Which the Indtctments
aaratnst local, people ..were brought last
June. .. ; -
HEW YORKER
FOR THE NAVY
JRobert Means Thompson Is
Among Those Mentioned
for the Cabinet.
CJM Psl MJ Pla)
. Washington, Dec. t. A report Is cur
rent here ; that - Colonel Robert Means
Thompson of New-Tork, may be' ten
dered th navy portfolio In th cabinet
of President Taft Colonel Thompson
I an Annapolis graduate, ex-naval of
ficer and financier,
NAVAL 0PPICEES ,
CAN CHOOSE TEST
IDalted PreS'ieased Wlre.1
Navy Yard. Pu'sret Bound, Wash., -Deo.
2. The blan to aublect naval officers to
endurance tests along th lines of th
riding test of th army is causing worry
to a tew here who are near the retiring
ait. According to local surgeon th
test will probably be the oholce of a
100 mile '--cycle ride, a to mile horse
back rid or SO mil walk, to be ac
complished In three day. Officer are
now - making their selection, many fa
voring; th walking; test ' 1
HAY C0UETMARTIAL :
: TO OPEN TOMORROW
(Dotted Press Leased Wipe.)
-Port Townsend. ' Wash.,' Dec I. 'A
End Is Near!
Do you need any clothing? If
so don't fail to visit the Closing
Out Sale of the Wholesale
Clothing Stock at Front .and
Qak sts. The barRabu offered
are beyond doubt the be9t in
the city. If interested, call at
once as the sale will last only
a few days- longer., . .
Men's Wool Coat?, $ 1 .00
Men's Wool Vests, 50c
Men's Good Pants, $1.00
Boys Knee Pants, 25c
Men's Wool Sntts, $5.00
Tli sal 1 at th northwest
corner of Front and Oak streets,
la the center of the wholesale
district, wbera rent ar low
courtmartlal to try Lieutenant Muller
8. Hay ot th United State revenue
cutter service Im called to meet in this
city tomorrow. ' Six specifications - are
mad by Captain A. J. Henderson, cam
rending the revenue cutter Thetis
when the vessel-, with which Lieutenant
Hay Is serving, was in the Arctic ocean,
August 15 last Lieutenant tV.'V. Ja
cobs will serve as president of - the
court and with Lieutenant of Engineers
James H. Calker and one other officer
will constitute th trial board. Lieuten
ant of Engineer Robert B. Adams of
the cutter Kush has been delegated bv
department officials to serve as Judge
advocate. Captain .Harry W. Newton of
the artillery corps has been selected y
Lieutenant Hay to act as his counsel
. y Vould
A
Ailing tot
Smile All the While
.-i.' ' ' f - ,i , j '. . . "m; 1
cause, pity fretful youner DcoDle cans
wonderment irritable men and women 1 cause surprise.
lo enjoy perfect health the body must be built up
and the mind invigorated by ' perfect food.;
ilth how many
give fortunes to enjoy
of nature's gifts and to be -
able to give
Y is tHe perfect food
- A 1 breaking nerve
V
s , . . . delici
x., 30 cups
O.
to .
c its use will bring quiet
sngth' to the weak and
contentment to the strong besides it
and appetizing.
1 " "V
delicious drink
25c
frinltsd Pmss Lssed -Wlrs.t
Paris, Dec. t. Count Bonl d Castel
lan e. after hurllns charges of soandal
and threatening to expose the lives of
Prince Hell d Sagan and hi princes,
formerly Anna Gould and Countess
Castellan e, was placed on the court grid
dle and roasted today for his own mode
pf living, by idaltr Clemenceau.
Clemenceau. appearing for Princes
Anna, answered the charges brought la
Boni's'suit for the custody of the chil
dren born to. Bonl and the countess.
He declared that Bont wanted more
money te spena. in strictures on
Anna and De Sagan, said Clemenceau
were laughable, considered In the light
thrown on Bonl's private life.
The attorney declared that after ex
hausting his wife's funds he now wanted
half of what she has received since' their
separation, although he had no legal
claim te any allowances.
CAPTAIN WOLFF WILL
PLAY HALF OF GAME
(Rpeclsl Dlspatck te The loemaLt ,
Oregon Agricultural College, Corvsllls.
Dec. J. Coach Noruross Is now riving
his men light practice In order to limber
them up for their (came with Multnomah
club next Saturday., Several - of the
players are badly battered and will be
unable to get into very good condition
before the game, but alt ar -cheerful
and will do their best.
Captain Wolff i In poor health but
will perhaps play durtnf . half of th
gam. -
The cross eonntrv mn scheduled for
tisnBif i.iHB on;, out posiponea, wiu
be run Saturday and the Jun-iors and
freshmen will play the final Interclas
football gam for the class champion
ship. The victors will receive sweaters
from im atnieuc association. -7
Police Qilef Disgusted; Qaita,
New Westminster. B. C Dee. 1. Th
continued criticism of a few reformer
in this city has so disrusted Chief of
folic J. W. Melntosh that he has de
termined to retire and will shortly place
hi resignation in to bands of th do-
300 FINE PIANOS RE
CEIVED 2 WEEKS
AGOONLY 52 LEFT
. ' I t ti f II If Hit l 11 ?fffJU i U ' (I xiltHr UI&A
A RELIABLE OFFER
MADE BY .
A RELIABLE HOUSE
Emergency Sale Fst Drawing to a Close
V -
, If the rate at which pianos were .taken yesterday can be kept up, this big Emergency Sale will have been concluded in a very few days.
Therms no reason why we. should not .sell more pianos today and tomorrow than we did yesterday and the day before. If you have
no piano, you surely cannot afford to overlook this remarkable sale. You should not delay coming at once. ' As stated,before, we secured
these pianos at a most remarkable- concession, and if we can sell them off quickly we are : perfectly; willing to pass our advantage on to
you at the low. prices we now quote. Think of being able to secure the choicest of strictly brand new, highest grade and America's best
known makes at bona fide savings of $110, $145--yes, $168 at this time. In this Emergency Sale you can now secure pianos that al
ways bring $375 and $425 each for $263 and ?3Q4. Reliable, strictly brand new, well known New York makes are offered in this sale
at $192, while tne plainer styles go now at ?X68. r . . M, : : ; ;'-,-x:'--.. ' ; t';l:I-'
NOW
168 iff-
was rteL$
"... " -. T" 1 as"
The Pianos Wc Offer
' A cheap piano is no bargain at any price.
Our pianos are bargains at the usual retail price.
A fine piano at wholesale cost is the'bet possible
bargain. This is what we offer you now. Not a
lot of inferior grades and Unheard of makes of
pianos, but strictly first-classj high-grade instru
ments;, pianos, the names of which were as well
known to our fathers and grandfathers as they are
to us today. - - 1
Chickering, America's oldest- ; piano, established
1823. . - - . .. - . .
Marshal & Wendell, established 1836. - '
; Weber Piano of the opera, established 1852.
'Schumann, established 1847,
v Kimball, estsblished 1857.
Decker & Son, established 1856.
Pease;, established over 50 years.
Lester pianos, Pride of Pa., established more thin
-"30 years. v- .:
X Story ft Clark, established 1865. r
Hobart M. Cable, made for a decade.
These and many other . thoroughly dependable
pianos are offered at prices which can only be ap
preciated upon making. a thorough investigation.
OUR GUARANTEE
The famous Eilera guarantee of "money back if
not as represented" accompanies each piano told. The
usual factory guarantee also, with a free exchange
agreement if, after one year's trial, you are not sat
isfied with your purchase. Every piano in this house
stands back of every other one to guarantee not only
that you get your money's worth, but that you will
be satisfied with the piano from your own viewpoint
BIgdest, Busiest
and Best -
. M .- aV
353 Washington Street
Name Your Own Terms
. . .At the low prices quoted the terms really .,
should be cash, but our object ii "to insure
quick selling just now ; hence we'll not haggle
Dver terms. If you have $50 or $100 to pay
, down, all well and good J if not, bring $10 or $15
and we will send a fine piano to" your home. -Balance
monthly or otherwise to suit your con
:. venience, ' ,: '" -' ''. ' j"
Some people'wait to buy a piano until they
have all cash1, and never get one. Others pay
a little down,, the balance monthly, and soon
own the instrument, little realizing where the :
money came from to buy It. You pay far less
now than the usual cash price, even though -yotrbuy
on terms, and will have the use of the ,
piano While paying for it. Why wait longer,
for a piano? Call as soon as possible. : . - '
ir5.170 Third Street
11 c - commissioners,-