The Oregon daily journal. (Portland, Or.) 1902-1972, September 26, 1920, Page 4, Image 4

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possible Confusion Among Voters
and Certain Questions Begird
ing Legal Power Change Plans,
The Port o.Portlnd-jcomIiloii
will not submit en aviteraatlvs meas
ura to its general port bill on the
November ballot.
" Such waa the conclusion of the
port commission at a special meet
Ing Saturday morning.
- The alternative measure had been
ouggested a means of providing- Up
commission with fund for next year's
channel work in the event of the de
. tmmt nt th raneral sort measure, to
tlfc Annaition haa developed be
cause of ita proposals for a bonded
debt Of $11,600,000. the acquirement of
the city's docks and terminals in ex-..v..-..
nr iia.& of additional re
funding- bonds, the proposed merging
of the port and dock commissions, ana
the .purchase of some 1550 acres of land
at a cost of several million dollars for
development as industrial sues ana in
road yards.
MCLKET 0PI5I0H FAYOfcABlE Frederick W. Mulkty. for
mar . chairman of the commission of
nuMiA fincka. had riven an opinion that
It is within the power of the port
rnmmlulon to offer an alternative
nuixn snd that to do so is desir
able In view of the commission s ad
mission that ft will have for dredging
In the channel next year only $-8,000
If the "port omnibus bill" talis.
The reasons assigned by the com
miulnn for decllnln to offer the al
tematlve measure are that the voters
would be confused In mind and that
certain questions aa to the legal power
r th mmmiukiii so to act are in
innV.t Tta statement follows.
The suggestion has been made to the
port that as a possible additional sate--,,.rH
it vnnlil be wise to submit to the
voters of the port at toe coming No
vember election a measure alternative to
the consolidation bill, for the purpose of
providing funds by special levy.
11 ! nronoeed by euch alternative
measure to confer upon the port author
ity to raise by direct levy a sum exceeding-
11.00,000 required to carry on the
current work of the port for next year,
and which the port has expected to pro
vkU under the sale of bonds to be
authorised by the consolidation bill.'
It must be borne In mind that the pres
ent charter of the port limite ita taxing
power to S-SOths of 1 per cent, which, on
the basis of present assessed values,
would produce about $480,000 If the port
had authority to impose the full amount
of thla levy. However, by reason of
the S per cent constitutional limitation
the port is now limited to a tax of.l38S,
000, and under the plan proposed It would
be Impossible, even with the consent of
the voters of the port. In the exercise
of ' the taxing power conferred by the
port's charter, to raise more than 4S0,
000, which obviously would fail short
of the port's requirements.
It Is true (hat two suggestions have
been made to relieve this difficulty, both
of which Involve the submission of alter
native measures. . '
Ona surresticn is baaed noon the pre
visions of chapter SI of the jOeneral
Laws of - Oregon for 11, and - It ts
claimed that this act authorises, the port
to increase its tax levy above s-zotns
of . 1 per cent. Reference to thla act.
however, discloses that It has to oo
merely wtth the machinery of elections
and does not undertake to confer or in
crease) the taxing- power. The title of
the act rerers solely to elections, and u ap
pears to be clearly in violation of sr
tions 20 and.Kt of the article) IV. cjTlhe
constitution, which require - the "subject
matter of an act to be expressed in Ita
title and require all amendments to be
set out at length In the body of an act.
tt lias aviso been suggested 'that the
port haa been invested with the same
taxing-power aa that enjoyed by porta
organised under the. ceneral laws and
that ita limit of taxation . for general
purposes haa been increased from J-iutna
of one per cent to one (1) per cent There
are practical difficulties in unaertaKlng
is tnvoae -tms newer. - in me nrai vtao.
there is grave doubt as to whether the
power exTsts since the act Duroortlnr to
make the grant ts perhaps in conflict
wim ascuon xx of article iv oi ins con
stitution above .mentioned, and this
question cannot be Judicially determined
oeiore tne eiecuow. tjonsequenuy ir tne
consolidation measure and a measure
asking authority from the voters of the
port to raise by direct levy tne million
dollars or more presently required by
the port be submitted simultaneously,
it is clear that the voters would be con
fuaed, an indeed. In view of the grave
doubt existing as to the power to In
crease the levy, no Intelligent action
coum possibly be laaen.
It. would be within tbe power of the
port to suspend ita effort to provide ad
dltional funds until the conveninx of the
legislature in 121 and seek front that
body additional corporate authority, out
any such legislation would be subject to
ths referendum and no action could be
taken jmtil May of next year and funds
so provided would sot be available for
use until 1922.
Under all the circumstances it seems
the part of wisdom and prudence, after
having considered all auxxestions which
have been submitted to submit to the
people for their determination the port
consolidation out wucn provides ample
fnnda for channel imDrovsment and
when the Judgment of ths people has
been given upon this measure, to adopt
such course thereafter as may be neces
sary to preserve tne interest or tne port
ana tnis community.
John W. Jones, New National
i Vice; Commander, ; Returns,
, : and Tells ;of .Eastern. M eeti ng.
Drastic anti-Japanese r isolations
meet with favor at the convention
$f Veterans of Foreign War,' which
adjourned - recently at Washington.
D. C; -according to information
brought to Portland Saturday by
John W. Jones and Dr. Ji C. "Walsh:
Jones was elected national vice- com-
DiscussesVPort Bill
Says Three-Mill Tax Invalid
Kot only does ex-Senator Frederick. W.
Hulkey, former chairman , of the l dock
commission, believe , that -thC Port of
Portland commission can submit to the
voters of the port district an alternate
measure to the proposed port consolida
tion bill on the November ballot, but he
questions If the 1 mill tax provision of
the, bill la constitutional
In discussion of the measure, supple
mental to his opinion published .Friday,
Senator Mulkey aays s , . ' ' . .
. "1 Under section 1 of the Measure
the Port of. Pertland would be. empow
ered to Issue bonds not exceeding 6 per
cent of the assessed Ttue for stats and
county purposes -of all property within
the. llmtta of the said Port of Portland
for the purpose of carrying into effect
all or-any of the powers granted to the
port by the measure itself, except tbe
mander. an honor which waa not aatici- I purchase of ths Portland dock system,
pa ted by the forces from Oregon thlsj and for all other purposes of the port
ExtensioH Courses '
An U. of 0. Will
Begin 3 Classes
Kx tension courses of the University of
Oregon will open Monday, with classes
meeting weekly at Central library, First
Presbyterian church boose and Lincoln
high school. In all Portland classes of
the extension division, university credit
Is framed toward the A. a degree. '
Courses offered Include Instruction in
architecture, art. chemistry, commerce,
foreign trade, law, salesmanship, eco
nomics, education, English, history, mod
ern languages. Spanish, mathematics,
music, philosophy, psychology, public
health, publlo speaklnc. social hygiene,
sociology, social work and public health
F. M. Warrington la In charge of the
foreign trade department, which in
cludes courses in foreign trade, physical
trade geography, political trade geogra
phy, and French and Spanish for prac
tical affairs.
The social service courses will be car
ried on In cooperation with the public
welfare bureau. Registration for ex
tension work should take place at the
courthouse, room S&2.
year. Jones said tnai tne toug aeiegates
or alternates at the convention voted to
a '.man in favor of the anti-Japanese
resolutions. Delegates from eastern
states are said to have been aa enthu
siastic over the movement aa men from
the West, '
Jones will resign his position aa com
mand of Over the Top post of Portland
and devote all his spare time to organ
ising new posts throughout Oregon. His
position here will go to Senior Vice
Commander Monte" C. Walton. As there
is no salary connected wtth the national
poettlonvJonea will retain hia position
In the city health bureau.
Four anti-Japanese resolutions given
in brief, which passed the body, follow :
That no laws be passed or diplomatic
promises be made looking forward to
naturalization of Japanese now in Amer
ica. (2) The abrogation of the existing
Japanese treaty and. of the agreement
permitting- certain Japanese to enter the
country, except merchants, students and
travelers ' temporarily visiting here.
(3) Passing of law prohibiting others
than hoss mentioned . above from even
landing . here. (4) Submission to the
voters of an amendment to the federal
constitution providing that children born
of foreign parents shall not become clt
tsens unless both parents belong to an
eligible race.
Hokusai Prints to
Feature Opening of
. Exhibition in Art
The first exhibition of the winter sea
son st the Portland Art aasociatibn will
be of color prints by Xbt famous Japan
ese draftsmen, painter and print-maker.
Hokusai.,- The collection Is hung in the
galleries for inspection - by any persons
who are . Interested the development
and - preservation of the - Japanese art
print. Fifteen of the prints shown in
the collection now Sfc dliiplay are chosen
from the little known "Hundred Poems"
seriee ; eight from the "Bridges" and five
from the "Waterfalls" series.
Hokusai is perhaps the most Western
of the Oriental Artists, and his prints
form a good introduction to Japanese
landscape prints. The regular hours of
the museum are : Week days, 9 to 5
o'clock ; Sundays, 2 ,to 6 ; free the aft
ernoons 6f Sunday, Tuesday, Thursday,
Friday and Saturday.
r A A aTSi afk am
W W ' w w
I Stamps
? Green
Wardrobe Trunks Reduced
Monday we place on special sale one of
a the greatest values that has ever been of
, ,ffered In full-size Wardrobe Trunks. Reid
the dxcrlntinn hIw InnV t fh 'nrlr
S Alder at West Parle ' lnd tnen come and ee tnes wonderful
TitiiiiiiiiMiiiiiiiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiiititiiiim and convenient Wardrobe Trunks.
Description of-These Wardrobe Trunks
CONSTRUCTION Veneer box, open top, round edjre; hand
rivetedvthroughout. COVERING Heavy black enamel duck cloth; very durable. . " .
BINDING Heavy black vulcanized fibre with center bands. '
.HARDWARE Heavy steel, nickel plated,- highly polished with
draw bolts.
LOCK Special nickel-plated "LIKLY" bronze lock.
LINING Linen cloth lined throughout with lavender fabric
taiuci lowing.
The Regular Price Is $125.00 $Q lS.00
Now reduced to special price of only. f 0Tm-
iiiiii'iiiiiiiiwiiiiiiiMimiimiiiuiiiiimm iiiiiuiuiiiiiiiiiiiiiiiiuiniiiiiiiiiiiiii miiniiiiii i:
Genuine Cowhide
jiivlji nags
1 8-inch Brown Cowhide Bap, English steel frame, continuous 5.
one-piece, ewed-on corners; English-plaid serge linings in-
, tertor arranged with pockets. Regular prico $37.50, QOQ rjJT 5 i
now on sale at special pric of... -WtdUi 0
Another fine lot(ofLlkly"JBags, in brown or black, leather
lined, sered-on -corners, three pockets. Regular Q-f Q CA
Pries of these bafs U $24.50 reduced to vXOeOU
Do You Like ;i v:
v For those , that gather their
own, we have a 'beautiful cellu
loid card showing three edible
varieties in tru colors' i . '
FREE forth .asking -
8 reisagjvi
fj . snau.. asssBBSssswssssBasawsjassi A
f SesMojiday'e Journal lor Pop- J2
A sodsnt Toatk Pasts adv., witli eps- K
m cial valuaLls coupon. Bring it to K
Rainy Days
An Opportune Sale of
Ladies' and Men's
0 tesav ajBsaBassasBBSBwawaa arorc '
An excellent assortment to select '
from, and at a wide range of prices ;
5(.ratore. . ; g , A V J lle5IUUIlL
I' r" tv i , m.....M,,,i .::...;.;
that might have been theretofore or
might be thereafter granted. The meas
ure confers this power n the port irre
spective of Its consoHHatlon with the
dock commission; and without submit'
ting the question of the exercise or the
power as to amount or specific purpose
to the voters of the port ft. the present
time ths maximum of this bonding
power would be HM7U4J.S0
"2 Under section 1 of the measure, in
addition to the above bonding power.
discretion is given to the Port of Port
land to acquire any or all of such docks,
wharves, elevators, terminals, dry docks.
and other properties of the City of Port
land as are now or which may hereafter
be under the charge and control of the-
dock commission of the City of Portland,
and issue or assume bonds in payment J
therefor which in the opinion of the port
commission shall be the fair value of
the property purchased. In this connec
tion it must be observed that the port
has discretion to take by purchase, or
otherwise, as much or as little of the
dock property of the City of Portland
as Its board of. -eonunlssloners may
"By section S of the measure, the
board of commissioners of the port
would be the present membership unless
prior to January .1, 1523, the port pur
chased all or any substantial portion of
the dock system of the City of Portland.
The result of this discretion would be
that if , the port commissioners took over
all the dock property of the City of
Portland in addition to the bonding
power of 171,711. 60. it could issue or
assume bonds to the fair value of the
dock property purchased which is. sup
posed to be about 10.600.000. it may be
said, therefore, that the maximum bond
In power of the port would be in the
neighborhood of S27.S00.eo0, but- that
S10.to0.000 thereof would be of existing
or authorised obligations of the City of
Portland except as. to the taxable prop
erty of tbe Port of Portland outside of
the City of Portland, wAer 'the city
bonds woufti fall as a -new lien and as
additional taxation.
"3 By section 1 of the measure the
port is authorised) and empowered to
assessT levy sad collect taxes on the
property within the port assessable for
state and county purposes In such
amounts as shall be required, from year
to year, to pay interest and principal on
its bonds ; or bonds assumed by tt as tbe
purchase price of any jdock property of
the City of Portland purchased by It
And, In addition, to assess, levy and col
lect taxes upon all property within the
port, assessable for state and county
purposes, to an amount not exceeding
three-tenths of 1 per cent of the assessed
value of said property. This last taxing
power to be used for any lawful purpose
of the 'port other than meeting the- prin
cipal or interest on Its bonding - power.
In my Judgment, the .provision for
an, annual tax for general purposes of
thfeo-teirihs of 1 per cent of the assessej)
value of the taxable property for state
and county, purposes la Invalid for the
reason that it is m contravention-of
section 11, article XI of the state con
stitution, known as the per eent tax
Itmitatton 'constitutional - amendment,
found on page 12 of tfce General. Laws
of Oregon for 1917. Under that amend
ment, neither the legislature nor the
whole people of the stats under the in
itiative nor the tax levying- authorities
of the state, or of any county, munku
pallty. district or other body, can levy
a tax for purposes other than for bonded
indebtedness and interest thereon, in
excess of S per cent of the total levied
by it in the year immediately preced
ing. for purposes other than the pay
ment of bonded Indebtedness or inter
est thereon, unless authorized by. a
majority of the legal voters sought to
be taxed. .
"The tax limitation amendment con
tains an exception concerning the tax
Ing powers of a newly created taxing
district which is not to be considered
under the pending measure, for the rea
son; that it does not attempt to create
a new taxing district, but retains the
charter of the existing Port of. Port
land and acts only upon It by amend
ment It therefore follows that the
taxing powers of the port under the
pending measure could be enlarged only
at the rate of 4 per cent per annum for
general purposes over the present tax
of the port for general purposes, for
the reason that the measure contains
no provision for obtaining an expres
sion .of opinion of legal voters of the
port as to the authority to levy a tax
of three-tenths of 1 per cent for gen
eral purposes.
"So that, if the port and dock com
mission are consolidated as authorised
by the measure, as far as the port is
concerned, the maximum tax levying
power of the consolidated port for gen
eral .purposes would be a progressive
6 per cent annual increase over that
amount the present port levied for gen
eral purposes in the yea immediately
preceding the consolidation. The pres
ent levy for general purposes by the
port ia said to be 1350.000.
"From this it follows, that the levy
for general purposes under a consoli
dation would be less than the present
combined levy of the port and dock
commission for general purposes."
Revenge, or Jealousy May Have
Been Motive: Mysterious,;
Spanish Beauty Sought. ;
Los Angeles. CaJ, Sept. SS. (U.
P.)-iWlth pollco sm; private de
tectives busily following half a dozen
different Heads,'- the murder of
Jacob Denton," whose body waa
found entombed .14 tlvev basement of
his homa4xer,XtW4ay;'tonlehre
mained a baffling- mystery.
Unable, to find tangible motives far
the murder of Denton, a wealthy mining
man, police were confronted with
theories that revenue, jealousy or desire
for Denton's wealth might have caused
bis death. j
Several dozen persons were questioned
by police today. Several will be sum
moned to testify before the grand Jury
on Monday-; Chief among these will be.
James W. Crowhurst. plumber, whose
sworn statement that he had been hired
by Mrs. R. C. Peete, former housekeeper
for Denton, to make repairs in the base
ment, which included nailing up the
wooden death compartment will be of
importance, according to Deputy District
Attorney W. C Doran.
Mrs. Peete. now 'living in Denver, has
volunteered to come to Los Aagelee tp
aid in the police investigation. She de
nied having hired Crowhurst to close, the
"death chamber," according to Denver
police. , i
Among the most salient features of the
murder mystery are his sudden disap
pearance on tbe night of June 2, just
before he was to have left for the East
He was to have visited his daughter.
Frances, 16, in Phoenix, Aria., and had
written his brother, Joel Denton, bf
Lawson. Mo., that he would be In Kan
sas City during the. middle of Junev
Authorities have failed to solve the
question as to who built the crude death
chamber under a stairway in the base
ment and which Crowhurst said he
nailed up. Here Denton's' badly .decom
posed body was found buried under sev
eral feet of fertiliser. The compartment
had been carefully shit
The cause of -death-v?es still undeter
mined today. No external marks of
violence were found on Denton's ' body.
Physicians said no mark of a wound was
found on his right arm,' although one
story was 'that Denton had lost an. arm
through amputation. . X.w '
More than one person, was Involved
in the - kflltng. which t waa believed to
have been committed in an upper room
Of the.,faablonabl residence Jjl n. ex
clusive residential district, police be
lieved. - Evidence that his body .was car
ried" to "the basement after the.kQUng
Was tn the possession of detective.' t i
tsearcn lor a "mysterious esnanisn
woman," said to have visited frequently
the Denton home, failed to reveal anything-
todar,tpotlc sa!d.t "fi :;
rAPEiif sued so uaki,r ? v
. The finding of several watches, papers
and other personal efiects of tne dead
man,, which were left with a' Los Jtn
geles wotnaa.-threw no llgbt n the case.
: Friends, snd relatives- of Denton here
declared they knew of no motive for the
crime. He had no women friends, they
said. His second wife nled l:tst March,
His first wife. Mrs. Sarah Denton, and
her daughter, Frances, arrived here last
night from Phoenix, Aria. His daughter
is the sole heiress to his estate, valued
at more than $100,000. according to
Juda-e Kuas Aveur, executor.
Mrs. Denton today was 'stoutly de
fending her former husband's good
name. 1
She would not listen to reports which
have been injected into the case to the
effect that he was intimate with many
"They have doubly murdered my for
mer husband," Mrs. Sarah Denton, the
former wife. Insisted.
".Bothwhls life and his reputation have
been taken from him."
i "We havo been divorced for many
mn.' Mn Denton, added, "but his af
fection for our daughter showed his uprightness."
- Mrs. Denton came here from Phoenix
with her daughter and retained Superior
-Judas zRuss Avery to represent the in
terests of the. am. sTances. esea r.
f Both mother and daughter were
deetny affected by Denton'a ghastly
death. ' '
i immAdtatelv unon being re
tained. launched an investigation of his
own. and as a result declared he be-i-t
that whoever was responsible for
the murder committed the crime to get
in possession of Denton s money.
Included In what Avery aaaerted' wu
nf hi. thMxr 'was a will dated
May 15, which,, Avery declared, was not
properly witnessed and which ho charted
was a forgery. This will, according to
Avery, was given to blm by a woman.
It failed to mention certain raluable
property Denton owned, Avery claimed,
and on the other hand disposed of prop
erty which Denton did not own. No
provision for I25.0M In Liberty bonds,
held by Denton, was contained in ths
The will was dated May IS. Denton
was last seen tn Los Angeles June S. f
Denver, Colo.. Sept 25. (U. P.) The
theory thstJ. .O Denton, Los Angeles
capitalist whose body was found In the
basement of his home there Thursdsy.
IU.4 ' . V ...... aesa4aSaJt L W f I ttftt l
(Til BUI wen, ui w vs-o vvi e
ths. ,-myetery; house" and the body
brought back therTAnd burled, aa ad-
vaneed tonight py Mrs. R,C, Peete. for
mer'i ienentUt th ,'Djenton, residence, ;
Mra. 'eets 'lived 3n ths house' before' end
aher tbe disappearance of Denton, :She
left Los Angeles about six weeks ago
and came to Denver, ' '
Mrs. Peete asserted that he had not
rWiAM saiftAeb. t-Ha-kO ve-tlrM lea Jwf .Til ft at
BTV 11 tnituii ess wv bssv4 ancwrw , wa www .,.
and bad - Heard ' from him only onoe
gfnee. ; that being- on, July 4. when he
called Iter on . the telephone from Saa
Franctco iv ' -- . -.- .V
Mrs. Peete' declared she wottld go vol
untarily to Lot Anteles next week to
tell her story to -authorities there.
" Burberry's H
for Men and Women
Worn by many of the leedinf
peopU of ths world. .
The soft tones . and beautiful
color ing j, the fine texture, the
distinctive tod distinguished
designs and the hygienic per
fection of Burberry Coats an
appreciated. evfry one who
has worn them. .
Catt suitable for all occasions
K. S. Ervin
& Co., Ltd.
Seeens Fleer sellln iMs,
Sixth and Alder St.
Miss Isolada Traff, Britain's Most
Skillful Woman Pilot, 1$
Orm of Victim
London, Sept. 25. (U. P.) Four
paasengers three of them women
and the pilot were killed near Heyea,
Middlesex, today In the crashing- of
a lP-paaseng-er aero bus. A little girf
passenger escaped death, but' both
her legs were broken,
The craft, property of ths Central
Aircraft company, fell 1000 feet when
engine trouble developed. The distance
and the great weight of ths machine
gave it a' terrific impact The body of
the, car was . practically buried in the
Horrified spectators, hastening to ihe
machine, found it necessary to dig the
live victims out.a (
Among- me oeaa was miss isoiaoa
Traff. Great Britain's most skilful
woman pilot She was a passenger.
Ice Cream Review
Devotes Space to
n Portland Pictures
An extended article, replete with illus
trations on "Portland, Oregon.-, is con
tained In the September number on
the Ice' Cream Review, written bv 8.
B. .Vincent of the Portland Chamber of
Commerce. --
The association of Ice cream supply
men will hold Its annual convention, to
gether with an All-Pacific exhibition of
the latest ice cream supplies and equip
ment in Portland at The Auditorium,
November IS to 10, and It was to. pre
pare the members for .what they should
find in Portland that the article was
Baby and Woman
Are Injured When
Car Strikes Auto
Salem, Or Sept. 25. Mrs. rBert Rus
sell of 4454 Couch street Portland, suf
fered two broken ribs aad severe bruises
about ths body, her six-month-old baby
was badly bruised andiMrs. Ed. Tall-,
yi 1 1 9 jooiieTus avenue, Etaiera. was
badly shaken' up and bruised when the
automobile In which they were riding
was struck by a street car at State and
Cottage, streets Saturday night
Mrs. , Tallman ; and the Russell baby
were thrown out of ths automobile by
the Impact of ths collision. A. B,vKel
sey, local manager of ths Fall City Lum
ber company, .who was driving the auto
mobile, was uninjured. The automobile
Was carried for a considerable distance
'" r -
One of the popular Baker Shoe Events
that every ecbnqmical woman at
tends. 25 complete lines at materi
ally reduced prices. New styles.
1203 Soft brown kid Inttep ttrap
tie, with turn sole and kid covered
French heel.
979 TVt -n)t turn a tin nxf nrA-
with welt $ole and leather Cuban
,heeL --
K1210 Extra quality soft ' black
kid tongue pump, with one eyelet
ribbon tie. Medium weight turn
Mole and French heel.
D1207 Dainty black kid tongue
pump,- long vamp 'and plain toe.
Made in turn ole 7and LXV heel.
B1631 Black kid two eyelet Doti. T
A - . f WJ -
tie, welt sole and leatner rrencn
New Autumn Styles Continue to Arrive Daily
: Come In and See Them
- fj V' 7
Lot Angelet
380 Washington Street
308 Washington Street
270 Washington Street
270 Morrison Street
San Francisco t
oa- iae lenaex e in street car.
V . - -