10 SUNDAY MORNING, JANUARY ' l,s 1911. OREGON REFORM ,jp; nprr.nH RiTMnAV 'milRNAL PORTLAND,:: , - - ' XXU WiVUJVi W W . j- . BANKING OUTLOOK SPECIAL SERVICES VATER RIGHTS Iff 11 1008 " in ZION CHURCH ARE ADJUDICATED rUK SrUuVtltSHir in Decision Denying Rehear ing to Bridge Obstruction- ists Takes Firm Stand for - Initiative and Referendum. ENCOURAGING SAY THAN INI New York Bankers Express Optimistic Sentiments in MoneyMatters for Coming Year of 1911. Congregation,-, to . Commemo rate Emancipation Proc lamation Tonight. .Along with the rout of the Broadway . .hrWrc 'obstructionists bv the denial of their petition for a rehearing of the j banking -outlook case of Frank Klernan against the city of Portland, the state supremo -court yesterday hapdeil down a unanimous opinion piving mw and decided affirm ance to tho initiative and referendum, emphasizing the doctrine that tho Ore gon system is not contrary to the fed eral guarantee of a republican form of government. The decision is the Judicial valedic tory of Justice Will R King, who wrote the opinion, as he will retire In a few days.. He . gives forcible expression to the judgment of the court that the In itiative and referendum Is on safe jground. After citing Oregon cases in ..Which the system of progressive. nxn of this state have been upheld. Justice . King cites the United States constitu tion and federal authorities, continu ing: We have an Illustration of the prin ciples announced in Luther vs. Borden. In the admission of Oklahoma - as a (state. Oklahoma In Una. '"Before Its statehood wan recognized Oklahoma had adopted, as a part of Its constitution, the . initiative and refer endum law-making system, patterned after the Oregon plan; regardless of which its Renators and representatives were admitted into the councils of the Union, and the authority of the "gov ernment under which they were lip pointed, as well as its republican char acter, Is recognised by the proper con stitutional authority, thus determining thaOstate, with its comparatively new legislative system, to be republican in form. ThhQlstorical precedent sh6uld, ,ln Itself, be. adequate to set at rest the temporarily mooted question In hand." , After giving a definition of "repub lican form of government," an adopted by the courts. Justice King says: "Measured In tho light of the above, it Is difficult to doncelve. of any system of law making coming nearer to the great body of the people of the entire late,' or by those comprising the vari ous, municipalities, than that now In use hero, and being so, we are at a loss to . understand- how . tha.adoptlon and use of this system can be held a departure from a republican form of government. .t. Mart Answer to People. "It wjis to escape the opprasslon re suiting from governments controlled by the select few, so often ruling 'under the assumption that 'might makes right,' that gave birth to republics. Monarchi cal .rulers refuse to recognize their ac countability to the people governed by I them, in a republic the converse Is the rule, the , tenure of office may be for a short or a long period, or even for life, y"yet those' in- office are at all times answerable, either directly or Indirectly, to the people,' and in proportion to their responsibility to. those for whom tbey may be the -public agents, and the nearer the. power to -enact laws and control public servants lies with the great body of the people, the more nearly does a government take unto itself the form of a republic not in name alone, but in fact. "Krom this it follows that each re public may differ in Its political sys tem, or tho machinery by which it moves, but so long as the ultimate con J.10I of lis officials and affairs of -state remains in the people. It will, In the eye of all republics, be recognized as a gov ernment of that class. Kcarer to Republican Torm. "Of this wt have many examples in Central and South' America. It becomes, t her, a mailer of degree, and the fear mai.lfesteil by the. briefs filed In this case would gem to Indicate, not that we are drifting from the secure moor ing of a republic, "but that our state, by the direct system of legislation com - plained of, Is becoming too democratic advancing too rapidly toward a republic pure in form. "This, It Ik true, counsel does not con cede, but, under any interpretation of which th term is capable, or from any view thus far found expressed in the writings "of tho prominent statesmen who were members of the constitutional contention, or who figured In the early upbuilding of the nation, it follows that tht; hjbtem here assailed brings us nean r to a state republican In form." Further discussing what the court terms the ' "absurdity" of the conten tions raised by R. R.- Duniway, attorney fi'ir Klernan, the opinion says: "This system of direct legislation has been In common use throughout the va rious state governments since their ln '.. ccption. but who would assert that an! amendment to the constitution of a state, depriving the legislature of a f, law making power held by It at the adoption of the national constitution. Is void on the grounds of being Inconsist ent with a republican form of govern ment? The absurdity of such a conten tion would at once he obvious. Effect of Argument. 'But. viewed from any stardpoint. su'h is the logical sequence of the con tention tn;fde by appellant in his brief, and the supplementary observations ac companying it, where It Is, In effect, as serted that because the people have re served unto themselves by tonstitu tlonal amendment the r-gi-luslve right to enact special legislation concerning municipalities, and by constitutional amendment have delegated therein the right to exercise such powers as before were only within the province of their representatives, violates the provision of the federal constitution wJMch guar - antees to, our state a republican form -Df -trsremraeht. . " (T'nlteil iTru T.ld Wire.) New York. Dec. 3J. Optimism In the i ffrr 1!11 Is expressed ' by representative bankers of the coun try, a symposium of whose views is puo llslml ln.today's Evening Post. The fol lowing are some of the expressions: David II." Korgan, president of the City Bunk of Chicago: "We look for some more trade reac tion, leading to an eusler money condi tion and thereafter a gradual recovery. of course, confidence and cnterprW" 1 This country rrasTToTgone to the dogs. Ralph H. Stacy, second vice president of the National Bank of Commerce, Se attle: j, "The best feature of the pWseri't out look' Is somewhat better demand for lumber. We do not look for a great ri-vlval in business conditions 'diirkui 1911." Want Better - Currency Bill. C. H. "Huttig, president of the Thirl National Bank of St. louls: "One of the most encouraging fea tures is the probability that congress will at Its spring session pass a sat isfactory currency bill. The money mar ket prospect Is for an abundance of loanable funds." A. C. Jones, vice president of the First National bank of Kansas City: "I do pot Jook for any material re vival of "business during 1911, but am if the opinion that conditions will run along very much as they are now until after andther crop shall have been har vested." K. O. Watts, president of the First National bank of Nashville: "Big crops of every kind, the slow ing down in manufacture that Is pres ent, nd the slight degree of personal and general economy that trails such a perlod as 1910 will more than likel make easier money markets during 1911." Ertravagtno Chsoked. . . W. H. Bucholz, vice president of the Omaha National bank: "A decided check In extravagance and a conclusion to1 curtail speculation are encouraging features of tho outlook." H. B. Wtlrqx, president of tho "First National bank of Baltimore: ., "'One of the most helpful feature's Is the fact that our bankers . have been preaching 'a doctrine of 'go slow' far some time pust, which, we think. Is having Its effect." Francis B. Reeves, president of the Qlrard National bank of "Philadelphia: "I consider the most helpful featuro of the outlook is God's generous reward to honest,- labor In the large returns to he'expected from our crops and gnlncs." jHf; 'Til It'?.1' - ' V'HI IhliSr I til I - ' Vim, j 1 1 mm y it bm WW j .Br ;a 1 Water. Ritits of Nine Stream . Systems Determined With in Two Years. Bowerman in Senate and an Assembly Program Includ ed in Plan. clam of the initiative and referendum: "All the prerogatives attempted td be exercised by Portland in the con struction, of the Broadway bridge could formerly have been granted by the leg islature, and the power to provide there for, having been delegated to the city by amendment to our organic laws. Ik valid, and the fight to exercise such powers will continue until such time as changed by general enactments of the raw-making department of our state, provision, for which may be made by the legislature by general laws, apply ing alike to all municipalities of that class, or by tho people through the Initiative, by the enactment of either general or special laws on the subject (citing authorities). Can Repeal All liwt, "In the public address prepared by Honorable 'Frederick V. Holnmn. 'at tached to and filed as a supplement to petitioner's brief, it Is argued that our previous holding ln Hall vs. Dunn. 52 Or., 475, and Straw vs. Harris, 64 Or., 424. to the erfect that we have but one law-making department, composed of two sepurale and distinct law-making bodies: (li The people, acting directly through the Initiative, and. (2) The people artln? Indirectly tn rough the legislature, either of which. in a manner provided by law, may undo Dr. Jamps A. Morrinian In commemoration of the Emancipa tion nroclamatlon. First African M '.Ion church wj.ll this evening hold spe cial' servlces"'arThe temple of the de nomination, corner Thirteenth and Main streets. Kev. W. W. Mathews, pastor of the church, will conduct the serv ices, which will consist of addresses by prominent churchmon and women. Reuben Crawford, an octogenarian, will tell of some reminiscences of slav ery days. Mr Crawford was born In Virginia In IS. ... He came out to the Pacific coast immediately after the waf and has beon a pioneer of Oregon for 4.1 years. During, the war Mr. Craw ford enlisted In the confederate navy and helped to build the Merrlmaq, James A. MerTlman, M. D.. will de liver the emancipation address.- Dr. Merrlman Is a graduate of Talladga col lege and of Rush Medical college, Chi cago. He was the first licensed negro practitioner In the northwest, having passed the examination gWen by the Oregon State Board of Medical Examin ers in 1903. ... . - Joda t. Lewis, a negro politician of Mississippi and Oklahoma, will act as chairman of the evening. Following is the program to be glv en: Remarks, chairman of the meeting, Joda D. Lewis; Invocation, Rev. I). 8. Drew; America, "audience, led by Mrs: W. R. Peek, soprano; remarks, mistress of ceremonies, Miss Claudia Waughn; selections from Bohemian Girl, violin and ptano. Misses Louise' and Grace Logan; reading of the Em ancipation proclamation, Mrs. Laura Jones; trombone solo, Lewis Mills; duet, selected, Mrs. V. E. Koene and Mrs, H. M. Gray; Lincoln's address at Gettys burg, Miss Marcenla Hanklns; vocal solo, Mrs. D. Parrlsh; reminiscences of slavery days', Reuben Crawford; Battle TfTymn of the Republic, audience, led by Colonel W. H. Carter; address. Dr. James A. Merrlm,an-i Star 8pangld Banner, audience, led by Mrs. V. E. Koene, soprano; announcement and Dene diction by Rev. W W. Matthews. Miss Pearl Miller will 4e the accompanist. LAST WORDS IN PRAISE OF (Salem Botin--et.IbtJjJniI.) Salem. Or, Dec. 31. An oraer 'M entered today by the board, of control, adjudicating the relative rights to the waters of Squaw creek and Tumalo creek in CfObk county-. This 'makes nine stream systems for which all wa ter rights initiated prior to the adoption of the new Water code have been de termined In less than two years. They are all In the eastern division of which F. M. Saxton of. Baker Is superintend ent. The foes collected by Mr. Saxton this year In these cases more than equaled the entire appropriation for the main tenance of the board. The average cost to each claimant was about $16. For tills he will receive a water right cer tificate from the state as soon as the decrees of the board are confirmed by the circuit court. With these two cases; disposed of, the work in eastern Ore gon Is In good 'shape to turn over to George T. Cochran of La Grande, who succeods Mr. Saxton as superintendent of that division. On January 1, James T. Chlnnork will succeed H. L. Hblgate as superin tendent of the western division. State Engineer Lewis, who 1s ex-offlclo chair man of the board of control has been elected to succeed himself. No time will be lost by virtue of this change in the membership of the board, and steps will he taken immediately upon organi zation to proceed with the determination of rights on the Umatilla river. Crooked river. Rogue river. Althouse and Sucker creeks, Little Butte creek, Willow .creek In Malheur county, and North Powder river in Baker 'county. Work i well under way on all of these streams. Seventy-five ditch rights weM In volved in the Squaw oreek determina tion for Which an order was entered tbday. These ditches serve to Irrigate at present over 6000 acres, and rights are claUned to Irrigate many additional acres. Tho Tumalo, creek adjudication was the most complicated that has so far come before the board for 'determina tion. It involved the right df the Co lumbia Southern Irrigating company to divert sufficient water -for 27.000 acres which Is being-reclaimed by the state under the Carey act. Many of the set tiers filed separate claims. The com pany had in addition sold water to lands not included within the ' segregation. The greatest practical difficulty was the Inadequacy of water supply. Sixty one contests were filed In connection with this determination." The decree protects the settlers in their water -rights, as well as those wbMiurchased water for outside lands, The company Is protected In an equal right to- water with the settlers for the patented lands. The balance of the segregation was decreed a right to water subsequent, however, to the right of two lower ditches for approximately 600" acres. Jay Bowerman for president of the senate, W. Lair Thompson for speaker of the house and an assembly legisla tive program for both branches of the legislature. These are the big stakes for which the old crowd of manipulators are play ing. They are using the. old' tricks, practiced so successfully in the days when progressives were few. They are beginning to pull hidden cards from their sleeves and these, cards reveal the plan behind. If they can put Bowerman and Thompson in the saddle and organ ize the two houses at their leisure, they figure they can send up .considerable trtiarmnrr. roaetinnarv legislation to the' new governor, whom they want to "put in a hole,".! ' ' , , ' i Thompson has begun Ao loom up In the speakership fight within the last week, and ! beginning to .be regarded, as one of the leaders in the fight. He has few" votes pledged but the under current of standpatters . is setting in toward him. To. elect -their man they must manipulate and cpncejitrate. They have apparently become convinced Eaton cannot-wln, and Thompson seems to be the pick.-. 'Thompson lined s up :. wlto Bowerman early In the assembly campaign. Ha came to Multnomah county about two weeks before the- assembly and helped to make things solid. . He comes from Lake county and' is as eastern Oregon man, which at first would seem to be against his chancesif Bowerman wins for president of the senate, as the com bine has planned it' But the assembly idea is ' to pay no attention to geo graphical lines, boost Thompson v along as tne heir to votes of other assembly aspirants, and depend on" 'Thompson's organizing abilities to do the rest. Eaton is losing ground, and the Thompson ground swell "promises to sweep him out of It Busk's following is Unbroken, composed as it Is mostly of nrarressivea. McKlnnnev also as serts he is holding his own. It la an (Pnblttbers' Preis Leased Wtr. ? Saranac Lake, Ni T.- Dec, SI. Li Placid reported 88 degrees below early- today- Thermometers hera tt Interesting fight, complicated still fur-4istered 24 below and at Lake Clear i a i . . .(-.,.. . .kill.., I Tha annw DO InrhM A film li ther by the uncertainty -as to whether Bowerman or Ben Selling will hold" the gavel in the senate. PASTOR PEPTED 10. , (Vulted rei Leased Wirt. I .Belllngham, Dec 81. -Fearing phr cal violence, the Rev. John Robert. Mac'Artney, pastor of the High Str, Presbyterian church of this city, h obtained f t om the maytjr and poi chief a permit , to csary a gurti -7 application wasJ made t. after repeat threats. had -been- mada by writers, , anotiyroous letters.' '1 ":- VJ"; i ' MacArtney.' wa..one of the leaden the dry ffght waged-lately, and n 11 vrd some hot 'shot from ; his . pit--Other dry leaders ha.Y? flea Tk. threatened. ."v:uy--;-;0;-.'ii: INTENSE COLD; DEEP f f : 1 sNOw;iNNEW:yoE below. The snow is 10 incnes. deep t the woods, the heaviest December, fall 1 13 .years. .'""' '. ) WAJfDSBEK ARRIVES. 1 the, work ,.f ll, , ., ,"lI"S BMlUlUr VllHUl UCTiai U Ol must TeL ,0 .n.r.' 1 T"?' "w here. yesterday. Senator ( Z tL an , , T V"? . ; ' C Uln r to attend the r '.1, r.! y: "I to see George. ""iMi-iiinn "i ine legislature, be repealed, and one en acted by the legislative assembly may alwo !o rescinded through either the Initiative or the referendum. "Bit t hat objection applies only to the question .if expediency. regard to whirh tli. lawmakers, ami not the courts, a-e concerned. It might not be Inappropriate, however, to observe that the same objection may. with equal fnrr-A nnnli- t ,.11 t , ; : I" rrMwn she heard the returns, Old Trader Oosses Bar and Will Load Lumber Here. On the tall end of a northwester the German bark Wandsbek, an old trader here, arrived In over the bar at 1 o'clock yesterday afternoon from Santa Rosalia and reached Astoria at 3 o'clock. She Is In ballast and will load lumber for South Africa for the Oregdn Pine Export company. On her first voyage here In 1900 the Wandsbek was the British bark Ancyra, and she loaded wheat out. She has been here several times since being bought by (he-Germans, and on her last voyage to this port In 1909 she took out a cargo of wheat In the month of December She l(j vessel of 2116 tons net register, and is In command of Captain Kohnke, who Is also well known here. (Hperlal PHpitch to The Journal.) Natchez, Miss., Dec. 3L Mrs. Par netia T. Chamberlain, mother of United Stales Senator Chamberlain of Oregon, Chamber- the funeral. my son before I dlo. He has always been good to me. I die happy because I know Justice was done him in the matter of his erection to the United States senate. They said he would not be elected, but 1 I never had any doubt. Huch was Mrs. 1 Chamberlain's lapt satemVnt. i Mrs. Chamberlain was ill at the time ! her son's election was In doubt In Ore I'gon. and. while hhe expressed confidence In the result she was much relieved Editor "Ed" Howe Retires. ' (By tbe Intxrnatlnr.al Netfs Serii- t Atchtson. Kan.. Dec. 31, Ed Howe, for years editor of the Atchison Globe, today retired from the editorship of the paper. His quaint philosophy and hu m r made the paper famous throughout the world. I L, a 1 1 r Is Your Office Properly Equipped With Modern Time and Money-Saving Devices and for the New Necessities Year? NiOU are only interested in Systems-so far as they wfil save you these three things-rTIME, TEMPER arid MONEY. We can install such a System for you a "Sensible System," mind you whether you are" a professional man with a limited amount of accounts or a corporation with accounts running even. to the seven-figure mar! Wc cordially invite you to visit our Office Furniture and Commercial ' Stationery depart ments. Ever since 1867-r-for fortv-five years GILL'S has been synonymous with "BOOKS STATIONERY OFFICE SUPPLIES," and by carefully studying the require ments and needs of the people of the West in general and this City in particular, we have, justly earned the title : "Portland's Leading Office Outfitters." Whether it be a Pencil or a handsome Office Desk, you can depend on it "Gill's have it, and at the right price." 4 Come in and let us get together. We will gladly put our time against yours it is as much to your interest as ours come. Co and THWDEand 7ovlaxibfs Teaming Office Outfitters thJ&ddb BOOKSELLERS - - STATIONERS i 1 1 ' 1 ' ni' 1 ' J can. if it so chooses, repeal all the laws tnot Included In constitutional amend ments) -nai-ted at the November elec tion, and thus undo the work of the last legislative' assembly. "Again, two years later, ' or earlier, a special sesxfon of the legislature might be called and enact many laws, and the day following its adjournment the newly elected legislature might con vene and repeal all tl10 iaWB tnat wrnt into effect the pre.-e.ling da. The same may also be sal. I of eongress, but this Is seldom, if ever, urged as an argu ment iigiiinst n ivnriiseiitut iv-n iir.rr. or alluded to ils indicating that our Koyernnicnt !s becoming unrepublican In form. Fallacy of Suggestion. 'It is als,. suggested t hat under our nys-trm. as Interpreted by this court, we have I'.nn fv-vlsjaitve bodies in place of Ivnt. the legislature; second the r,-opi. f ti,,. whole state; third, the people of 11 municipality; fourth the Mrs. Chamberlain, although 90 years of age, was hale until a few days ago. She helped prepare the Christmas din ner for her family, which was one of the best known lh the south. Her descend ants are. prominent in social, business and political circles. - - SUPEJUOR STEEL RANGES REZNOR ' GAS HEATERS OREGON MAN WEDS GIRL HE MET ON MOUNTAIN (Spertnl Dlxpttrh to Tlie Jonrnal.) Boston, Mass.. Dec 31.-After a most romantic meeting In the top of one of ; the highest mountain peaks In Call I fornia, where they met as members of j different mountain climbing parties, the I engagement is announced of Dorothy ! Blnney of Strafford, Conn., "sind George i Palmer Putnam of Bend. Or., eon of J. Bishop Putnam. The bride to be was a student here , whn she met her fiance on the moun tain. She was noted here aa an athlete roTcTe . and water sports! that in the above clied caa th Uni ! was mane only to legnl departments of In other words, it is contended that " " , , , m"nlclPnl or 0,nPr whoi-ick nidi vp nnmnu Tha versfty of California Miss Binney-s father is Edward Bin ney, member of the firm of Blnncy & l. -j u . m . , . iniiiui anti n ,i . 09 a at i'a uTaten1 t ma? Ill l J?- hi" 8l i of New York and London uern, to provide for the exerciHB nr h. wp are cattei upon to no- ib in. ui emimm uoraain, to build oriages. etc., would be in harmony with Ice, and which will not be n.Mfi,.oi uini:unspii is OOVIOUS. inl, . . the above provision of the federal con ' to I T , J 71. ,n,the aPnBn( titutlon. if delegated br tnP ' ,1 2"nael s. rlef. that under the inter- through -their renresentfl lv, k, TAT I lnT VPn tnls rt to the George Palmer Putnam has been en gaged in newspaper work in the Des chutes country for the past year, and Is a writer of - considerable abUity. He nas been one of Bend's best booster lli te people may legally do Indi t rectlv. 'bv the more nniimn , as canltol hnll.tino-a rectlv. ?bv the. m.r. " I ,''. J"'"cauon euner in the law; what they cannot do direct by ! rMT .hrlrtt: constitutional amendment. The state- thereof ' ,n th ,ntrPretAtln Hnr or xms contention snouid be suf ficient for Its. answer." l Mtatns Gitf Sosltton. '' Distinct affirmance of the position of the city ia the Broadway bridge case i-tes4w-tfir-oTTOw1nB Wcerpt,"' the eowrt also taking nxittoe of objections citea by Frederlclf.V. Holrnan In critl People's romm. The People's Fonlm this evening will consider the matter ow the 9T'on Farmer ftegards Wt Single Ts'wrrHsrTrbr')fsehted oy H. D. Wagnon, followed by other speakera. Medical building, Park and Alder. so If done, dlreetlv hv llw. h..-u .u- ?rar?.er Amendments cities may invade nd his newspaper and manclne art- Initiative. ' " ; i"? "tom12l" f 'Ration to the j c5-have been sent all over th.worWfcc r "m brief.. the effect Of tl.U ' f d"Te3' ot ndsinnlng state . : Pensions for Steel Emnloves. New lork, Dec. 31 With the begin ning of the new year, the United States btee.1 corporation will put Into effect a pension system for the benefit of Its employes. Two plans have been adopted One provides for the pensioning of, men of 60 jrears of age who hav h-in Uhe trpraUoa.-seirtee'-yeax8rTf "the umpiuye. aesires 10 retrre. The other provide for 'compulsory retirement iit Jhe age of 71; wlth'a pension if the em ploye nas bjsea JO years la th service. - r T- .r ""'iil.-iit. . . f.w PERFECTION OIL HEATERS BRIDGE BEACH HEATING STOVES WOOD SUPERIOR HEATER GREETING We wish to think our many patrons for their liberal patronage during the past year and wish them a HAPPY NEW YEAR AS in the past, our endeavor shall be to show quality goods only at prices that are right, and we solicit a continuance of patronage during the -coming year. ) CLARK JEWEL GAS RANGES GARLAND WATER HEATERS "EVERYTHING IN KITCHEN WARE" W GARLAND GAS RANGES . : - . - t ' .. - . -.. 4... - . URTH AND ALDER STS. , : ' I -'. . ' : ... . s ' ' .;-"..-..... ..;.. ?V:'V;Vr'-V--;'.,