I
THE 1 OREGON SUNDAY JOURNAL, PORTLAND, SUNDAY MORNING, MAY 1G, 1909.
PLAN GOES
ALLOT
Judge Bronaugh Issues a
Mandamus Writ For Kel
laher Project Excise Pe
tition Likely to Follow on
Same Koa'd Tomorrow.
Presiding Judre Earl C. Bronaugh In
the I'licult court yesterday afternoon
granted a peremptory writ of man
damus compelling and directing the city
auditor to place the $2,000,000 light and
power plant petition on the ballot.
Following a tedious hearing he con
tinued the debate on a like writ de
manded in the case of the excise board
petition over to Monday morning.
Yesterday's decision of the presiding
Judge came, as no surprise, as the court
Intimated Friday that the city official
would be directed to place all petitions
containing the required number of sig
natures on the ballot, irrespective of
me vaiiauy or me names.
The hearing of the two writs yester
day followed the overruling of demur
rers to the actions by thetourt Friday,
when practically ah contentions of the
opposition were blasted.' Chief among
me decisions or tne court were those to
the effect that all initiative petitions not
shown to have less than the. required
number of names should go on the bal
lot, and that the city auditor was not
vnsiBa wun autnorlty to question the
validity of any signature.
Attaching Texts to Measure.
The quostlon which assumed the most
imposing proportions in the hearing
yesterday was whether or not in the
circulation of the light and power plant
petition a copy of the text of the meas
ure was attached to each aggregate
number of sheets of signatures. The
court Friday overruled the contention
of L. A. McNary and City Attorney J.
P. Kavanaugh that the ordinance re
quired that a. copy of the texj. of the
proposed measure be attached to each
separate sheet, but the opposition
brought the latter matter up as a new
phase.
When the grouped aggregate number
of sheets of the petition were sub'
mttted to the city auditor it was con
tended that but one copy of the text
accompanied the entire mass of sheets
and that, notwithstanding the evldenci
of Dan Kellaher to the contrary, It
might have heen possible that each in
dividual aggregate number of sheets
circulated bv each fluent was not ac
companied by the attached text.
Judge Martin I,. Pipes, suupportlng
the petition for a writ of mandamus,
averred that the attestations of the
circulators on the hock of each sheet
of signatures of the petitions was con
clusive evidence that a conv of tho
text was attached to the sheet In ques
tion or to the aRKteCHte sheets, as
they swear to the persons namco htivinsr
signed "this sheet of the foregoing
petition."
Many Forgeries in Petition.
Attorney McNary, opposing the writ
of mandamus, declared that many pell
tinns reeking with forgeries w?re go'ti,
befrre the people If such were the case.
and that In many of th. petitions there
false signatures wre no numerous as
to invalidate the documents in that the
required number of names would not
be contained if the forgeries were elimi
nated. In this connection : it was in
timated that one petition containing
more than 14,000 signatures would be
brought into court for examination by
the judge. .
' "Some form must be observed in the
circulation of these petitions," declared
Mr. McNary. "Technical and clerical
errors may be disregarded, but on other
points thtre should be some mandatory
system effective. These petitions
should go into the hands of the au
ditor in such shape that they could be
known to-, be complete."
Time of Pillar.
Mr. McNary next brought up the
point that the power plant petition had
not been filed with the auditor within
60 days from the election, as required.
He declared that while it had been ac
cepted for filing April 7. it had not
been formally filed until April 17. The
court ruled that placing the petition in
the hands of the auditor was sufficient
to comply with the law.
City Attorney Kavanaugh argued that
a forged petition was really no petition
at all, and questioned the right of the
nuditor to accept a document and file
It as a petition when It was not such.
The court then ordered a peremptory
writ of mandamus Issued in the case
of the power plant petition, fathered by
Dan Kellaher. Mr. McNary Immediate
ly serverl notice of appeal to the su
preme court. -
Many Authorities Quoted.
Then followed a long series of argu
ments In the matter of the writ of
mandamus demanded for the excise
board petition, with Seneca Smith and
James Cole supporting the writ, and
Roger Sinnott, U K. Adams and City At
torney Kavanaugh opposing It. Volu
minous authorities were quoted.
When the hearing of the writ In the
matter of the excise measure is re
sumed Monday morning, some Interest
ing developments may be expected. It
is almost a certainty that the petition,
which was mutilated supposedly by M.
Reinstein and Samuel Breslauer some
time ago, will be submitted as evidence
of the number of forgeries existing on
the different petitions, and attorneys
naturally Buppose that several impor
tant decisions affecting this phase of
the matter will be handed down by the
court.
Monday afternoon has been set for
the time for hearing petitions for In
junctions restraining trie auditor from
putting the electrical workers' and Mar
ket street bridge petitions on the ballot
It is probable that the latter hearing
will be continued.
HOODLUMS BUSY
IN IDAHO CEMETERY
(8pctal Dispatch to Tbt Journal.)
Stltes, Ida., May 15. Marauders went
into the graveyard here- last night,
knocked down tombstones, broke down
family lot fences, tore several graves
half open, marred inscriptions on monu
ments, doing all sorts of damage.
Following this they went to W. A. Ro
land's ranch house east of town and
smashed the windows. Later they en
tered the grocery store of V. D. Rolph,
carrying away numerous articles.
ADVANCE IN FLOUR
AT WALLA" WALLA
o
HIGH BRED FOWLS
Dray Load of Fine Hens and
Roosters Feature of Car
nival' Parade.
(Special rlRiat-h to The Journal. 1
Walla Walla, Wash.. May 16, Follow
ing the announcement of the raise in
flour prices on the coast, the millers of
this citv will meet in the near -future
to take "similar action. One miller Stat
ed this afternoon it was extremely like
ly such a move would be taken, in case
It la tlm Imlipra StM V tVlPV CSnnot HCll
bread at 5 cents, and will have to ad
vance the price. The raised once, but
dropped again to the old price.
The bill prohibiting any one not en
title! to do so from wearing a button i
of any labor organization or carrying a I
union card has pnssea uotn nouses of ,
the California legislature.
(Special Dlapatch to The Journal)
Roseburg, Or., May 16. Roseburg's
first annual strawberry -arnival was
a grand success. The three days' cele
bration was begun by a parade of tho
school children headed 'by their queen.
Miss Capitola Willis, and the long lino
of marcn was marked by many Inter
esting features. One thousand children,
several floats decorated with roses and
drawn by Shetland ponlea made the
hit of the first day.
The second day was fino stock day.
The display of stock in the parade was
valued at $100,000. Frank E. Alley had
the first number of fine horses and
all the line of march was horses, cattle
and chickens. A drayload of blooded
chickens being shipped to Montana waa
tne attraction. County Judge Wona
ootr and Mayor Hoover headed the good
roads and paved streets brigade, wnloli
consisted of a long line of laboring men
with picks and shovels and wagon af
ter wagon of road working machinery,
as symbolical of the pfogesstve spirit
of. the country.
Today, the third day, was Klks' day.
The Elks' excursion from Ashland ar
rived at 4:15 p. m. and was met at
the depot by Governor Frank Benson.
Attorney General Crawford -and Exalted
Ruler W. W. Fardwell of the Elks, and
escorted by three bands up the busi
ness streets to the Elks' temple.
The slogan of the carnival was "Keep
Smiling." Roseburg's display of fine
strawberries elicited much favorable
comment.
FLOUR BEACHES
HIGHEST PRICE
Prominent Miller Predicts
That No Greater Figure
Will Be Reached.
Following closely the prediction of
The Journal that a big raise was chif
In the price of flour, that staple rose to
the price of $6.1io per barrel this week.
Owing largely to the work of Patten,
the flour king, flour has risen an aver
age of 20 cents a barrel each month for
the past seven months and a half.
The last rise, one of 20 cents, brought
the price per barrel up to $6.25. Start
ing at $4.70 per barrel on September 18
tho price of flour lias risen steadily
ever since till the top mark wa
reached yesterday.
"I do not look for flour to go any
higher," said T. B. Wilcox, president
of the Portland Flouring mills last
night, "for the people will so soon stop
buying the higher priced patent flours
and will use a cheapor"e,brand of cereal.
1 do not look for any higher price than
the present one."
IF YOU WANT TO KNOW WHAT SMARTLY DRESSED
MEN WILL WEAR THIS SEASON ASK BEN SELLING
MORRISON BRIDGE
IS CLOSED TODAY
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New Great Northern Train Service
Effective May 23d. THE ORIENTAL LIMITED will run through
solid from Tacoma and Seattle to Chicago without change of cars. Ele
gant equipment, day coaches, standard and tourist sleepers and compart
ment observation cars, electric lighted throughout Connecting trains
will leave Portland at 10 a. m. via Seattle, and 5:40 p. m. via
SPOKANE, PORTLAND &
SEATTLE RAILWAY
(The North Bank Road)
The Fast Mail
Daily to St. Paul and Minneapolis, making all important connections for
East and South.
New Through Kansas City Service
Will also be inaugurated via Great Falls and Billings line daily.
Portland to Vancouver, B. C.
Another new train will leave Portland at 10 a. ni. daily, arriving Van
couver, B. C, 10 p. m. NO change of cars. Similar service returning.
t Full information, tickets and sleeping-car reservations from
II. DICKSON, City Passenger and Ticket Agent
Telephone Main 680; A-2286. 122 THIRD ST, PORTLAND, OR.
Morrison street bridge will he
closed to team and automobile
traffic probably all d;iy today
while 100 feet of the east ap
proach is beinfr raised to meet h
raise of one foot to be made in
Kast Water and Morrison streets.
All of 100 feet of the west ap
proach will be raised to satisfac
torily meet t tie proposed raise In
Water street.
During that time It will be
Impossible for any teams or an -tos
to cross the Intersection, and
accordingly the bridge has been
declared closed to all such traf
fic tomorrow. The work Is ex
pected to be completed by evening;.
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THE BEST DRESSED MEN-
In Portland are wearing clothes
bearing the BEN SELLING label
created by the world's most famous
designers with all the STYLE and
INDIVIDUALITY of the most
expensive custom tailors
YOU SAVE the numerous "try ons"
as well as numerous dollars when
you purchase here
MEN'S SUITS, $20 to $40
OUR JUVENILE DEPARTMENT
Carries the Most Complete Stock in the City
SELLING
LEADING CLOTHIER
cotta;e (jrove has
KAIEKOAD RUMORS
! BREWERS HIRE A
! POLITICAL MANAGER
Continued from Page One.)
sentiment, he advocated the closing of
saloons at midnight, Sunday closinc.
i and- the elimination of the north end
i dives, which, he contended, were fos
tering the spread of local option by tho
breeding of lawlessness.
I Out of this hatred of the retail sn
' loon men grew a schfsm in the ranks of
the wholesale dealers. Part of the
! brewers and of the wholesalers upheld
Crofton. Fart believed In his Ideas hut
! conshiered that the strained relations
between him ami the retail men tnlli-
tate 1 agamst his iisefulness ns a po
litical manager. The remainder were
opposed to him.
Biff Association Disbands.
Early In 1906 Crofton tendered his
resignation as secretary. It was not
accepted. He served for nearly a year
longer, then resigned finally, and his
resignation was accepted. Shortly
alter that the Wholesale Brewers' and
Liquor Dealers' association blew up anil
was disbanded.
More than a year ago the brewers
formed an organization of their own.
Following that the wholesale liquor
dealers formed another organization. At
the head of the first Is Paul Wesslnger,
lcadinsr tho second Is Kred 7totlM hild
Since the dlsbandment of the big or
ganisation the liquor men. have on dif
ferent occasions called on Crofton to
aid them in political maneuvers. He ac
complished the defeat of the McKenna
ordinance in 1S08 and directed the anti
local option fight on the east side at
1 that time. He has heen the directing
force in various other local option bat-
ues. Jn eiiuri wits niautr u pill nun
at the helm once more for the coming
fight but hs declined to serve, and con-
' sequently a new director general has
been imported irom an fTanclsco to
take up the fight.
The principal work of the new po-
i litiral agent will be to ward off state
I wide local option. If he Is successful
in that tasK he win tnen turn his at
tention to local option fights In dif
ferent parts of the state, as these fights
coma up.
HIGH SCHOOLS IX
DRAMATIC CONTEST
(Special nisjuti'b tn Th Journal. )
Eugene, Dr., May 15. The people of
Cottage Grove and the upper valley are
stirred up over the prospects of a rail
road to the coast. The project on foot
Ik to extend the Oregon & Southeastern
railway, now operating between Cottage
Crr.ve and the foot of the Bohemln
mountains, to Coos BaV, the route lying
westward from that city to the Sluslaw,
and through the mountains to a Coos
ISav terminal. The length of the pro
posed road is miles.
Just how far arrangements for the
extension of the road hare gone Is not
generally known, but It is certain that
several eastern capitalists were there
yesterday, one of them representing a
big Chicago contracting firm, conferring
with those who are Interested locally.
The easterners are said to Include the
vice president of the Pullman company
and other prominent financiers.
MONTANA KNIGHTS
PLEDGE HALF MILLION
Butte, Mont.. May 15 The State
Council of ihe Knights of Columbus in
session in this city l as reelected all its
old officers as follows: George R. Jack
son of Butte, deputy; P. M. llallornn of
Anaconda, treasurer: William L. Kcllcy
of Missoula, secretary: I. F. Smith of
Kalispcl, advocate: Thomas Kehoe of
Billings, warden; Rev. J. B. Thompson
of Bozeman. chaplain.
The principal business of tho council
was the indorsement of the project out
lined at tin' last national convention of
Ihe Knights of Columbus for the endow
ment uf the Catholic university at Wash
ington with a fund of half a million dol
lars, and each council throughout Mon
tana will he asked to contribute its por
tion toward the fund at once.
Working for Ohio Prohibition.
Toledo, May 15. Seaborn Wright of
Georgia. Rev. John Rutledge of Cleve
land and several other men of national
prominence In Anti-Saloon league work,
will lake part In meetings here tomor
row, when from .1 pulpits plans for
voting Toledo and Lucas county dry
will be discussed. The campaign thus)
begun will be continued through the.
week. There are nearly 60O saloons In
Lucas county that would be closed if
the county should be voted dry.
weia'omfTshowers
JUTj TjP 1 J. I JlVJ. d
Ashland. Or.. May -15. Copious show
ers throughout the day broke th
drought that has threatened the hay
and grain crop of the valley. Indica
tions are for a continuation of rains
through the night. The fruit crop ia
much benefited and a record crop is
predicted.
(Special Dispatch to The Journal.
Pullman, Wash., May 15. The Inler
scholastic dramatic contest. In which
contestants represented the high schools
of Wenatchee, Colfax. Sunnyside, Tekoa,
Garfield, Ellensburg, Oolville, Rosalia,
Oakesdalo, Watervllle, Davenport. Rltz
vllle and Lewlston, occurred in the col
lege auditorium last evening. First
place was won by Miss Wlnfred AVIn
dus of Colfax, with "The Soul of the
Violin"; the second pla;e by . Ruby Mur
ray of Ellensburg. with "Cutting from
the Bishop's Carriage"; the third placo
by Maud Hlnes of Sandpolnt, Ida
ho, with "I'rsus and the Bull."
Tonight at 8 o'clock occurred the
oratorical contest, in which the
contestants were Marion Halsey.
Clark ton; TI. J. Warner, Pendleton;
Dudley H. Hagan. Ppokaner Dolph Har
nett. North Yakima: Allen Phillips,
Prosser; Clarence Ash. Walla Walla;
Ray B. Greenwood, fcoraqrue; Leah Hen
lcjf. Poneroy; Glen Mason. Waitsburr;
dOtim Uaxrlx Davtoa. 1
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KHlMMIMHNsKIIMHBin
THR0U
LYTRA
BLTWEEN
PORTLAND AND THE EAST
VIA THE
u
Oregon Railroad & Navigation Co.
EFFECTIVE SUNDAY, MAY 16, 1909
ON THE FOLLOWING NEW SCHEDULE:
FBOM POBTLAND
Chicago-Portland Special 10:00 A. M.
Portland to Omaha and Chicago via the Ore
gon Short Line, Union Pacific and the
Northwestern Line. Also Portland to
Denver, Kansas City and St. Louis via Or
egon Short Line, Union Pacific and Va--bash
Line.
Soo-Spokane-Portland 22- 7:00 P. M.
Portland to St. Paul via Spokane and the
Soo-Spokane Line.
riOK POBTLAHD
6:00 P. M.
Eastern Express -
Portland to Omaha and Chicago via the Or
egon Short Line, Union Pacific and North
western Line.
Atlaniic Express - - 8:10 A.M.
Portland to Salt Lake City and Green River
via the Oregon Short Line, making direct
connections with through trains for Den
ver, Kansas City, Omaha and Chicago. .
MOST MODERN AND SUPERB NEW EQUIPMENT THROUGHOUT, INCLUDING
OBSERVATION CARS, STANDARD AND TOURIST SLEEPERS AND
DINING CARS, AND ELECTRIC LIGHTED TRAINS.
Inquire City Ticket Office, third and Washington Streets, Portland; Ore., or any Local Agent
of the O. R. & N. for more complete information.
WM. ltlcMURRAY, General Passenger Agent, PORTLAND, OREGON
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