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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 16, 1917)
i. - 3 THE OREGON DAILY ; JOURNAL, PORTLAND, WEDNESDAY. . MAY 16. 1917. U W BEAN NIB BILL DID NOT HAVE . V 31 VOTES AS REQUIRED Arguments Heard in Suit to Keep Measure From Ballot . in Election June 4, DECISION DUE-THURSDAY 9nif ripe Citss Court Decisions Voiding; Constitutional JUqulrs neata isnst Be Ktt. Arguments for and arftfnst the nult brought by District Attorney Max Gehlhar of Marlon county to enjoin County Clerk U. O. Boyer of Marlon county from placing tha "Bean bill" on th June 4 ballot wera heard Tues day night bafora circuit Judga George Bingham of Marion county, who is now holding court In Portland. The case was presented on behalf of Mr.. Gehlhar at 8 o'clock by Judge Martin I. Pipes, while Frank S. Grant and L- K. Bean, tbe author of the bill, opposed the injunction.. Judge Bingham will give his de- ctslonjnot later than Thursday, accord- lng to announcement maao by him tnis morning. Only S3 Votes for BUI. Judge Pipes, in presenting th argu ment for the injunction, contended that the constitution of the state required a total of not less than 31 affirmative votes in the house of representatives before a measure could bo constitution ally enacted. He pointed out that the Journal record of the house showad that the Bean bill, after having been passed in its original form, had been sent to the senate, where it had been amended by adding a provision to the tjtle, together with a new section pro viding for its reference to the voters at a general or special election. It had then been passed in its amended form by the senate, and sent back to tbe house for concurrence. - Judge Pipes uhowed from the house Journal that a roll call had been de manded upon the concurrence of tho house In the senate amendment, and that when this vote was taken there were only 28 affirmative votes for the amendment, or three less than the , number required by tbe constitution. I Amendment Changed BUI Is Flea. It was contended by Judge Pipes that the amended bill as passed by " the senate was, in law, an entirely , separate and distinct measure, and that, under the constitutional require ments, it must receive at least 31 af- flrmatlve votes to enact it legally. He illustrated this point by arguing that unless this constitutional provi sion were upheld. It would be possible to pass a bill through the house ap propriating $100 for some purpose, to amend this- in the senate by raising the amount to $10,000, and then put this, big appropriation through the house with less than 31 votes. Grant and Bean, in opposition to Judge Pipes, argued that the constitu- i Hon did not require a roll call on con- currence in an amendment, and made -.exhaustive reference to the records of past legislatures to show tnat it was the common legislative practice not to take a roll call. Court Decisions Cited, i Judge Pipes, in closing, answers! ithls contention by citing the decisions of- many courts, universally holding that the legislative record was pre sumed to show full compliance with all constitutional requirements, unless ' It affirmatively showed failure to com ply. Under these decisions. Judge Pipe showed that the mere statement pf the record that either house had concurred in an amendment carried the legal presumption that there had ben tbe number of affirmative votes re quired by the constitution, which, in the Oregon house of representatives, was not less than 31. He then showei that in the case of the Bean bill the bouse Journal, both by the recorded roll call and by the protest filed by Representative Allen Eaton of Lane county, clearly showed that the bill had not received the requisite numbar of votes, and therefore had never been legally enacted. tuffs. So far, neither the authorities nor the railroads have responded. Coal and steel are tbe things that move profit, not foodstuffs, has been given th preference. "hutting TJp" Will Help Most. "What we are doing is revolution, ary and perhans In violation of con tractual rights, but we have declared military law. "Newspapers, groceries, college pro fessors and school teachers can help most by shutting up." There were various rumors afloat concerning the real mission of the com mittee of tnree sent to Washington last nlrht by the 81 grain men who attended the conference. Ons persist ent' report was that the committee composed of John H. MacMlllan of Minneapolis, E. C. - Andrews of S-. Louis and C P. Pierce of Chicago would ask the government to curb grain buying by the allies. It was officially announced, however, that tho committee was to "confer and cooper ate with government officials and the committee of grain exchanges in aiding the council of national defense." XXastex Bakers to SCeet. High flour prices, resulting from the unprecedented wheat situation, ara having their effect on bread. The Sloan Baking company, one of the larges: concerns in the city, closed' its plant today, announcing it was losing money on the present 10 and 15 cent loaves. Delegates from all states are arriv ing for the special convention of the National Association of Master Bakers, which will hold a two day session. It is believed they wil also go on record for federal control of wheat and flour supplies. APPEAL FOR AMERICA TO SEND VOLUNTEERS COMES f ROM PETAIN Units at Once for Prepar ing Later Troops, No Rate Increase ' On Cans to South Salem, Or.. May 11. The pnbUe service commission today continued the suspension of the Southern Paci fic's proposed increased frelgb rates n tin cans from Portland to southern Oregon points, but approved the in creases In the rates on bags, burlap. when the railroad, company filed French Chief Urges Training increases in the rate on cans, practi cally every cannery man In the Wil lamette valley and southern Oregon protested. The commission suspended the proposed Increases until May 25, and today's order continues the sus pension of the Increased rate on cans until August 25. H HUGE DEFICIENCY BILL HAS HEARTY SUPPORT OF BODY OF SENATE Measure Provides Funds for Carrying on Warfare Upon U-Boats of the Kaiser, Harry K, Thaw Sent To Insane Asylum Phlladelnhia. Pa.. May 11. (L N. S.) The insane asylum again clalma Harry K. Thaw. Preaidlng Judge Martin today signed a decree author izing Thaw's removal from St. Mary's hospital to the Pennsylvania nospitai fo the Insane here. Thaw is In the hospital recuperating from raxor wounds, self-inflicted wnue detectives wera tralllnar him on chaiges of nog- sins: Frederick Gump Jr. of Kansas City, In New York. DUMA LEADERS REJECT TERMS FOR COALITION SCHEME Text of Booserelt Clause. Washington, May 18. (U. P.) Here is the so-called Roosevelt amendment to the se- lective service army bill: "The president Is further authorised to raise . and main- tain by voluntary enlistment, to organise and equip, not to exceed four infantry dlvisons; provided that the organization of said force shall be th same as that of the corresponding or- ganixatlcn of the regular army; and provided further, that there shall be no enliatments in aald force of men under 25 years of age at time of enlistment; and provided, further, that no such volunteer force shall be ac- cepted in any unit smaller than a division." New York, May 1. fU. P.) Gen eral Petaln, new commander of th French armies, appeals for American volunteers to be sent abroad "Immedi ate! yT jn an Interview with Whitney Warren, noted architect, published by the New York Times today. Asking for volunteers at once. Pe taln says: "Thee volunteers would at first oe organised with French units, but still respecting the autonomy of America. It is understood that it is a moral necessity that they fight under their own flag, but there Is also necessity for a period of transition or instruc tion when quicker and better results could be obtained by th above method." Petaln points out that those volunteer units could later be used to skeleton organisations for the bigger American armies. "The foundation of American volun teer units," be said, "will comprise two periods. First, constitution and equip ment in America; second. Intensive in s true .ion In France. The construction and formation of officers Is all-important and is especially what was lacking in the case of he English. Officers should be very numerous, enough for at least 100 divisions. They should be taken from your regular army or alll tla, from among regular soldiers and young men who have a certain amount of education. Send at once as many colonels, majors and captains as pos sible to be stationed with French of ficers at the front." Petaln expressed confidence In Amer ica's ability for the "herculean effort" of raising and equipping a big army by selective service, and said this . huge army must be trained both at home and behind the lines. A Gentle Thrust. From th Baltimore American. Miss Oldglrl I remember when the girls married much younger than they do now. Misa Pert Yea, so grandma tells me. HOLLWEG SPECH IS CONSIDERED BAIT TO RUSSIAN PEACE GAIN Possibility Seen That German Socialists May Be Roused to Drastic Action, London. May 16. (U- P.) Formal admission that Germany is angling of ficially for a separate peace with Rus sia was the main point in Chancellor von liethmann-Hollweg's relchstag speech that struck the British press and publio today. Otherwise the ad dress was regarded as a mere recapltu latlon of previous outlines of Ger many's alms, but an outline which pos sibly may arouse the German Socialists to drastic action. There was no disguising the general recognition of the seriousness of the Russian situation here today. It was realized the chancellor baited his hook with very enticing words to the new Russian government, but the belief was expressed that, despite disorganization in Petrograd at the present moment, the differences in government there would be Ironed out and the trickery of the German proposals be apparent to the new democracy. Hint of Bepnblle Sec ailed. England does not expect German So cialists supinely to take Ilollweg's re buff to their plans. Interpreting the chancellor's pleas as a practical su render to Junkerdom. British press and public attention was centered online socialist hint of a republic In the cen tral empires. " The Immediate effect of the chancel lor's sharp words, it was expected here. will be to add strength to the Lede- boar-Haase Socialist group, and corre spondingly to decrease the lnfluence of the Scheldemann pro-government, pro peace faction. Tbe Ledebour-Haasc group Is scarcely a month old. It was formed when Scheldemann centered all hla attention on agitating the Stockholm "Socialist peace confer ence," and when rumors of tacit gov ernment backing to that effort began circulating in Germany. Ledebour la a Socialist of the extreme Llebknecht type, and it la a coincidence that, he represents Llebknecht's old district in the reichstag. Berlin dispatches, however, indicated that even Scheldemann, with his pro government sympathies, was greatly angered by the complete refusal of the chancellor to grant any part of the So cialist request for clear definition of war alms. He apparently west Just as far as Ledebour In warning tbe gov ern rrnt of a popular uprising if Ger many did not more deadly saecify her war ideals. Guns of Milwaukee Going to Washington Santa Rosa, Cal-, May IS. (U. P.) Six guns from the United States cruiser Milwaukee, which stranded near Eureka, Cal., January 14, are be ing ahlpped to Washington by rail road.' The guns, in a covered gondola car, have passed through hv-re. Thuy weigh 115,000 pounds and to ahlp thtnt the government paid $1200 freight chargea. (Continued Prom Fagt One.) Washington. May 16. (I. N. S The greatest appropriation In the , nation's history, the army ana navy urgeni oe flclency.blll, carrying a total of $3,390. 94fi.381.5, and commandeering all the shipbuilding facilities and materials of the country to defeat the submarine warfare, was reported to the senate and its immediate passage recommended by the appropriations committee Tuesday afternoon. Regulation of Plants Covered. The bill authorises the president, in addition to all other existing provisions of law, to place orders for ships and materials not to exceed a750.ooo.oow, and in case of any person, firm or cor poration failing to give precedence to such orders over all others, the presi dent may, under the bill, immediately take possession of their factories and operate them under government super vision. The measure also gives the president power "to modify, cancel or requisi tion any existing contract for the building, production or purchase of shins or material, and if any contrac- raJis to compiy ceptanco of the duma's government of coalition force to restore governmental order. The terms of the council's ac ceptance were ndt made public, except it was hinted that they had demanded Paul X. MiUukoff. minister of foreign affairs, must not appear In the re organized cabinet. From the government's rejection of the proposal today, it appears the council went much further than mere demand for Mlliukoff's head and pos siblv Insisted upon formal renuncia tion by the new coalition government of certain agreements with the allies. Internal Anarchy Peered. The Duma government's rejection de clared it was Impossible to expect Rus sia to renounce the principles enun ciated on April 9, The government further insisted, the council was told. that it was necessary to confirm the unity of all forces on all allied fronts and to wage, an energetic struggle against Internal anarchy. The duma ministry's refusal was con curred in by the duma committee, it was later announced. The principles enunciated on April 9 were in the form of a proclamation to the Russian people, signed by Prince Lvoff, president of the council. Thia statement declared Russia did not seek to "humiliate or subjugate," but did not specifically renounce claims to In demnity. Terms of Peace Cans Split. The soldiers' and workmen's council has heretofore strangiy demanded a policy of "no annexation and no indem nities," and it la presumably this rock of indemnities on which the two forces in the Russian situation have now split. Beforo the second split, the most vlg- Marguerite Clark -what will stop a wife from running away??? See "THE WEB OF DESIRE" at the STAR tor shall refuse or with contract as so modified or requi- orouB efforts wire made by both sides sltioned the president may take lmme- to ln(juce M. Qutchkoff. minister of dlate' possession or any laciory oi aucu wa to reconsider his resignation and contractor. participate in the coalition government oovernmenx saay jtlm. men, M "minister of national defense.' It would empower the president to previous Vote Zs Berersedt eoDpu mi mraw m Coalition was decided upon by the tones maumg mP rt,.n"i workmen's and soldiers' council by a to place their plants at the disposal , .., , tv of the government and to ,J u to23 vote by which the executive com mentat prices to be determined by the mittee of that organization .previously rM .v.. tizn nnn nnn .nthAri.. provisional leaders. pendltures for shipping $405,000,000 Is The meeting at which this action was ImmsH BtA V aval Qh fl M'hA mil HWI.CU w m.? a o V w vr , as passed by the house carried $2,- however, that the council was impelled 827,000. The committed aaaea a total v icovui4vyi mj 2 e--- CASH WHEAT IS SOLD IN CHICAGO 63 CENTS UNDER RECORD MARK t (Oontinoed from Par One.) ther notice." was accepted by big deal ers and millers as having "killed the - speculators and dealt hysteria a death - blow." Restrictions on May corn and ' Oats also were extended Indefinitely. Xo Pamlae, Says Griffin. In a formal statement Griffin re ferred to the board's action as "declar ing martial law" in grain trading. "The problem has been solved, the ; - cure found," he said. "There Isn't any famine In anything. We have enough ' ' wheat and can spare some to the al lies. i "Our so-called 'experts' have lntlml dated governments all over the world. Most of the figures and flgurersare liars. j -"Farmers i are loosening up; they've got the grain, if we could only get bet- ter service from the railroads." , "For four months we have ben pleading with th government to ordar a . preference in th moving or. rood of $563,000,000. Farm Loan Bonds Will BfTSold Soon of disintegration of Russia's armies. Speakers recounted the series or resig nations of high army commanders, be ginning with the minister of war and including yesterday such well-known commanders as Generals Bruslloff and Gurka, and detailed wholesale deser tions of soldiers themselves. MUl-koCf Beslgnatlon Expected, It was recognized that Russia's fore most bulwark was in the army and the In- "The Valentine Girl" This wonderful pho toplay has taken the town by storm. If you have not yet seen it by all means come At the COLUMBIA Tonight The Theatre Beautiful SIXTH ST. OFF WASHINGTON Continuous, 1 Sc Children, 5c Tonight, Fashion Show Living Models Gowns From The Eastern - rr J-i: -"I'ls mm&- hut ypm, JETHEI CLAYTOii r m I um7h Web of Otrtre Mlt ' ' ' I ,L3aaBMslMBSsWsJslsMB r.'-va m..4 i ... I . . , i . in I. M . l A Washington, May 16. (I. N. S.) A substantial issue of farm loan bonds. nrnhhlv J50 OMVOnO will b tilacpd on the market within' a month or lx council decided to take forceful steps wav it -am annniitir,i TiiPjriw hv in checking such an alarming growth. the farm loan board. They will bear jmuiukoii s eiunmauuu irom me gov- 4 per cent Interest.' eminent has been expected. He has TwnTifl to farmra" nnr th frm lacked support from the army and the loan system have passed the $1,000,000 workmen ever since his statement of mark. Thfv are now beinr mad. rJt wa-r aims, xio uau uccn uimer xire ui th rt r.r 1150 ooo l div which Tnrii demand that he publish all "secret' that the total Will reach $3,000,000 by ireauea ui existence ueiween itussia the end of the month. Applications and tn aines ana ror nis reported for 190.000.000 in loans hav hon r. action in giving DianKet enaorsement coived from individuals who have not to compacts previously entered into formed farm loan associations and it wun otner nations Dy v-zar isicnoias is Indicated that the loans made dur- ana lne oia regime lng the first year the system is In op-1 Publicity of Tirmi Promised. eration will total $150,000,000. Publicity for these treaties within two weeks was nromised a group of soldiers' delegates from the front to day in a speech by the soldiers' and workmen's leader Seretell. He frankly- expressed alarm at the lack or cohesive ness apparent in the army and urged his auditors to return and work fo unity of action. Seretell was later commissioned by kl. .aIImih... . . 1 1 .1 I . 1 and is discharging about 15,000 second wnrknm.n 2 JT.'S j. ... "CT BUUWCU h . iub na in nf.t.. 0 . i 1 " -v iiiuiiiuiK. mints O.l IPRt . 1 1 . . . . . . is considered the beginning of the flood i 90.nJZil stage. The river fell .12 feet Monday. 7 r"V OW nar to th rnn!r woth-. k v-"'""""iti 3 juiyuu- - - i i v. ""v. I ling. .v. . w iiiBuri uiuii ine eany summer runoir is completed. It is OS umatea mat a third of the snow on lower levels went off last week du-ri ine mree not day Yakima River Now Is at Flood Stage North Yakima, Wash. May 16. The Yakima river has reached flood stage f M,.r h .V. .t ih. i . i wommen s council to negotiate wun InZrZSV! a?eJ"ef Qutchkoff and urge him to return to Insurance in Force AH Frisco Schoolboys To Aid Farm Work Dec. 31, 1906. ....$ u 1908. 1910... 1912... 1914... 1916. . . 624,000.00 2,262,307.00 4,270,605.00 6,005,984.00 8,108,480.00 10,502,444.00 San Francisco, May 16. (P. N. S.) The board of education Tuesday gave Its unqualified support to the move ment to mobilize high school students for work on the farms. Responding to the request of Super ior Judge Thomas F. Graham, chair man of the county council of defense, the school board decided to permit students in good atanding to leave school before the close of the term to do farm work, their early departure not to interfere with promotion or graduation. OREGON'S GREATEST OLD LINE COMPANY Pony Herd Given to American Red Cross San Francisco. May 16. (I. N. S.) A. W. Foster, broker, railroad man and regent of the university or Caiifor- nia, has donated his entire herd of fa mous Hungarian ponies, valued ap proximately at $10,000, to the -Marin county chapter of the American Bed Cross to dispose of as it sees fit. The Foster ponies' are famous all over the United States and there Is hardly horse show of any consequence in the country where they hare not been mown, juany are noiaers ox prises. THEATRE J J i PARK AT STARK ST. C 4 DAYS ONLY TODAY THURSDAY FRIDAY SATURDAY 4 DAYS ONLY BLUEBIRD If I I II 1 1 I J l ilttP r li liMlLalLjliil u ptrt't''51 f IN t?' - V v J FLASHLIGHT" With LON CHANEY and Vm. Stowell and same cast as "HELL MORGAN'S GIRL." A Dramatic and Baffling Mystery of the Big Woods. VAUDEVILLE Totito & Co. Juggling Equilibrist Jack and Marie -Gray Varied Vaudeville . Bell & Sinclair Banjo King and Prima Donna Ted Ullmark Singing Comedian a. - -A sr - . tip 4 1 'ft" i 9'' HQoraT ywTT.i-.Twg High society life, high financial cir cles, a fashionable gambling-house all these figure in this film and have much to do with bringing things to the sensationally thrilling climax. Scenlcally it would be hard to excel this offering. From all angles it is a superior attraction. You will enjoy "The Web of Desire" The programme includes lovely Mollie King in the absorbing, gripping " Mystery of the Double Cross" TAR Washington at Park S U Charlie Chaplin Next Sunday East 111 IICANAOIANI) A IJ! Low Fares Via Canadian Pacific Railways BOSTON, Mast. May 28th and 29th ST. PAUL, Minn. June lit and 2d DES MOINES, Iowa June 7th and 8th CHICAGO, 111. . June 12th and 13th Various Other Destination June 20th to June 30th. SEE Glacier Field Lake Louise Banff on your way East No Additional Charge. J. V. MURPHY, Bdwy. 90 G. A. P. D., 55 Third St. . A-2590 . Portland, Ore. a, l 4. " '- N -