Weekly Oregon statesman. (Salem, Or.) 1900-1924, November 03, 1903, Page 3, Image 3

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    Coxirity Courts
; thority to
By the New One Which
Goes Into Effect
January 1
Supreme Court Hands
Down Opinion In
Important Case
f In affirming the decision of the ;
own- court in the case or Flana
m v. Multnomah county, the
iujreme court holds In - effect
hat the old Jaw which la now
n effect will be reteaied or en
.irely obliterated wherr the law
f IS03 goeH,into effect, Janu
ary 1, 1904; that the county or
;ounty commissioners court of
ihe various counties have no au
thority to levy a, tax upon the
s.sesment rolls for 1903, and,
inlaws the State Legislature la
'jailed in extraordinary' session
ny the Governor, the state and
.ounUes of the state will have
jo funds with which to carry on
their affairs' until 1905." Since It
would cost not more than $25,000
l the state for an extra session
it the Legislature and from $40,
Wt to $60,000 for the state to
oriduct Its business without a
lax levy for the year - 1903 as
iiterest upon outstanding war
rants not ii id for lack of funds
it may be .readily seen that
the only course to pursue from
in economical standpoint is the
ailing of a sieclal session of the (
legislative ' Asaemfcly to remedy
the defect. ! ',. .
Ti Suprerne Court yesterday In the
rase of Maria L. Flanders, respondent,
v. Multnomah County, et al. appel
lants, handed down Jin opinion holding
that the decision of the lower court is
affirmed, and that the 1903 tax law is
repealed, by the law of 1903, and that
thre is no law authorizing the making
of a levy of taxes on the assessment of
1903. The effect of this opinion is that,
unless a special session of the Legisla
ture Is called for the purpose of author
izing the levying of a. tax for to year
1903. the assessment rolls of this year,
which have already been completed,
will be worthless and that many coan
tis in the state will be without funds
with which to conduct their affairs. .
It will, aniens an extraordinary ses
sion of the Legislature is called, work
a severe hardship upon the county of
Multnomah, .the affairs . of which
through the affirmation of the decree
ef the lower'court, are enjoined, from
incurring any further expense until
funds are- provided therefor through
the levying of a tax for 1903-
Whlle the Supreme Court does not
allude to the possibilities or necessities
ot a special session In any language
nh.itever. It Is understood that, as the
ruuuty courts Are rendered powerless
tf ieVy the tax, a special session is the
only possible relief.
Statement of the Case.
Tlie old law provided for a levy of
State Board Will Not Pay Ex-
borbitant Prices For
Fuel Supply
Th State Board of TrusUes of the
Jnstitullons, including the Asy
lanv Penitentiary. Reform School,
SSchool, Blind School and the
'e House, held a meeting yesterday
moon when it was decided to in-
: bids for wood for all of the Instl
:'.T,n for the year 1W4. aggregating
10,000 cords of old fir and about
of grub oak.
""tofore it has been the custom of
7 to take up each institution
UT and advertise for Its year
"'JWy or wood, but this system wa
tL5 "atisfactory. for the reason
,7 ood dealers would take on
ji , 5tlR r th bord ln divers
Pah foT been customary In ' the
iilvL Adders to make a com-
C6 of vLh bld for suPP of
wifer . r! Ututions, and later to
buldin- Upon supply of another
- tv
It.. . , . - .A if
T auvancea ngun:
lau .J "'ccesful in securing, the
traew Uld tnrow up the former
Wf4 l 7 the latter and leave the
oa fn lurch' i'kewise the Insti-
Jr, 'hlch the first set of hids
U fui'' a"d the board -vcouU
's to enforce contract cron
Have No
Levy the
. i
taxf?j ln. pe regular January term of
cour court each year, (the assess
ment iharlng been made - the March
prevjeos). The law passed by the last
Legislature, provided that the assess
ment of property be made In January
nt each year, and that the tax levy be
rnadfe In. July. The last section of the
act ifovlded that the Jaw go into ef
fect Un January 1. 1901, and. since it
repeals the old law. there would ap
parently b no law In effecVwben the
county.court met in ; January to levy
the tax for the 1903 assessment author
ixiinc tttiu , iu make a levy at t.:t
t:nvi, i ' v.
While; this condition of .things herald
not work, p. hardship upon some coun
ties of the state, it tvould be a very
bad state f affairs for many which
are r in lire naed of the amount of
money raised by taxation to pay their
running, expenses.: - - .
This uit was brought by Maria I
Flanders, of Portland, against the
county officers of Multnomah county
to enjolrij them from Incurring any ex
penaes in anticipation of " a levy in
January,' on the ground that no such
levy could be made. The county offi
cers, demurred to the . complaint and
the circuit court of Multnomah, countv
overruled the demurrer and made the! cal1 ,op a sskn until' he was first
Injunction perpetual, from which de-ertaln at this would be the better
cislon an; appeal -was taken to the'coure to pursue in the interest of the
Supreme' Court. Bv this . manner of 'Ppe and the state, and since it Is
proceeding, upon the part of the tax
payers of - Multnomah county, the
question: was directly raised whether
there is authority of law for the levy
of the county and state taxes next
January. The plainttfr contended; that
since the amendment went Into effect
on January X, all proceeding under the
old law must cease on that date. The
defendants contended that, .although
Pthe ftew law: goes Into effect on Janu
ary V it? waa the evident intention of
the Legislature that all assessment and
taxation, proceedings then under way
should be completed in accordance with
the law under which they . were com
menced, f : '.
Old Law Obliterated.
The Suireme Court In affirming the
cause.' says; "It will readily be observ
ed that .h purpose of the amendatory
act Is to change the date upon which
several official acts designated shall
-be performed, the mode of assessment
and levy and; the manner of collection
remaining the same. All dates . in the
process are completely shifted. ,
"The true situation if perfectly mani
fest. .The old statute relative to the
matters alluded to Is to be replaced by
the . amendments, thus abrogating
completely the law. as it now stands.
It is not the case of a repeal, either di
rectly or -by? Implication, except "as the
amendments' supersede and displace
the old statute! The new Is established
for old, (leaving no vestige of the old
for operation. SuTch is the holding of
the Supreme Court of Indiana, under a
constitutional clause- providing & mode
for- revision and amendment precisely
as ours, and from - which ours was
jproteably adopted.'
' -AH sections of the old law relative
to the assessment and collection of
taxes set out In the amendatory act,
aa amended to be in force and effect
from and after January 1, 1904. will be
wholly obliterated and superseded by
the new section as contained In the
amendatory act, which latter will be
come; solely operative and effective
from and after that date.
The logical consequence Is that ,the
county court or board of county coin-
mtssfoners will be leH without 1ower
both. Througfi the. new system, this
condition has been remedied and the
fulfillment of contract Is Insured since
the board now requires that each bid
der, upon the acceptance of his - bid.
shall deposit a. certified check with the
clerk of ttnl board to the amount of 25
cents per .cord of his contract, which
amount is to be forfeited In the event
of his failure, to' lire up to his agree
ment to the letter. 1
WhllW the advertisement will stipu
late that the wood shall-be "old fir."
the board also invites bids - upon an
eou&l amount of "aecond growth, re
serving the privilege of accepting the
Litter quality of wood in case the price
of the '.uhler growth is considered ex
orbitant.?' -' M':,"-: -v
Last year, for the first time In the
history j of the state; the board, as an
experlmemt, purchased over 1.000 cords
of slab 'wood from " the Booth-Kelly
Timbee Company, of Eugene, at $L95
ner cord. f. o. b. cars Salem. Of thla,
amount 1.000 cords were delivered.
the main bulldin of the Asylum and
100 cords ' to thfi Blind School, The
wood was foun(f 6 answer the purpose
admirably and.1 tats year, we
ask bids for 8,000 cords of slab wood,
which wood, It will accept-in the event
that the price of fir wood is deemed
too high; JThls will, undoubtedly hav
the" effect: of preventing a cfmD'n
upon the .part of the. dealer, to the
detriment; of the state, and also to
keep their bids . within the bounds of
reason.'...:- , .. .,
The amount and Quality of wood
Insana Asylum (main building) old
fir. 4,000 cords; grub oak. 75 cords.
Insane Asylum (cottage farm) W
fir. L0O0 cords, '
" penitentiary oU r.,l fort:
Reform School, old fir. 800 cords,
grub oak. 25 cords. - . .r - rj'
Blind, School, old, nr.. 1M cords; grub
""MuJe X"SoU.oUflr..l50 cords; grub
oilc. 10& cords. " , -:' '
or authority to estimate the amount of
money to be raise! for county pur
poses, or to apportion the same wlCa
the state and school taxes according
to the valuation of the tr-xabia prop
erty in the county, or to levy, a tax
thereon for the purpose of raising rev
enue at its term in January?,
: The Economical Remedy. ;
Under-, the existing circumstances
and li t .the present time ft Is not .easily
to be seen how a; special Session of
the Legislature can be avoided. The
decision of the supreme court that ibe
county courts have no authority to levy
the tax and, a great majority of the
counties of the state need the money
worse now .than they 1 have for' many
years, according to the state officials,
to say nothing . of Uheschool funds
which have to be raised In this man
ner. "
VUy" the repeal of the old law all of
the assessment rolls for the year 1903
are thrown upon their own resources
for. funds to conduct their business and
the result will be that they will have
to resort to the issuance of warrants
indorsed "not paid for want of funds,
the interest upon which will run up
to in the .neighborhood of from $40,000
to $60,000 before any funds would be
available for their redemption, which
would be not earner than' 1903.
The special session of 1898, which ran
the full twenty, days, rost the state
$2a,000 but if the Legislature only met
for two or three days, attended to the
tax 'question and adjourned. the ex
pense would not j be a half of that
amount, so it can 'be -readily seen that
the special session would ' not Only be
the quickest but also the most econom
ical remedy at hand. ?
In interviews upon, the subject here
tofore. Governor Chamberlain, - al
though he has expressed himself as be
ing opposed to the' holding of special
sessions unless It was absolutely neees-
I n&ry- has said that h would not Issue
quite plain that it Is the cheaper course
it i quite probable 11 at the .Governor
v.jJ adopt it. - - :.. : . y , : ,i y ": t
Some Speciai Election . .'';.:
In case a?sv(H-ial session it called tt
occurs that there " will b several va
cancies to fill In ' the upper house "of
the Legislature,- arid fori th's purpose
special elections will have to be c-!ilL?d
and arranged for in the counties of the
state in which the Vacancies occur.
United States Senator, C. ."IV. Fulton.
of Astoria, has sent in his resignation
as a member of the state Legislature
and his place will have to be filled In
Clatsop county. Senator J. D. Daly, of
Benton county, having . been appointed
surveyor general, will also have to re
sign his seat in the Senate, and it will
be necessary for the people of Benton
county to choose a successor for him,
and Congressman J. X. Williams, of
Prineville. who was elected to the Na
tional . Congress to succtted" Congress
man "M". A. MoodJ 'will create a va
cancy in the upper house, and special
elections in Crook, .Klamath. Lake and
Wasco counties must be called to fill
that seat. The expense of the special
elections -will fall upon the counties m
which the elections are held and will
not effect the other people of the State.
Governor Chamberlain, who ha
been in Washington D. CL. for the past
three "weeks on businese connected
with the land fraud matter, but. ac
cording to a dispatch f received from
him from" Natchex. Miss., where he
was visiting his mother, he is now en
route home and in exiectea to arrive
in Salem on Monday or Tuesday of this
week. :;'.... -
Think Governor Is Favorable. .
PORTLAND. Oct. SL The opinion
of the majority of the best informed
citizens of J his: city state that Gover
nor Chamberlain will call an extra
session of the Legislature for the pur
pose of relieving thestate of the pecul
iar situation brought, ubout by the de
cision of the supreme court "in4" l'lar
ing there can lie rio tax: levy for this
etate in 1903 ander the existing laws. :
Mediation Committee Could
Not Find ISolution to
Butte Situation
BUTTE, Mont., Oct. . JLThe com
mittee of mediation, acting at the re-
' quest of the Chamber of Commerce of
Great. Falls, and with the consent of
the representative of the United C05
per Company nd the Amalgamated
Copper Company, Tafter a session last
ing two dayi, came te tne conclusion
this afte-noon' that It 'coold not find
any solution to the Butte shut down
situation; gave out a brief statement
to the publkv and adjourned sine die.
The statement In -part is given here
with: t ; : 1: .'---i- -- - -f- J 1 -r
1 "We have failed to obtan a stipuU
tion from the parties litigant i which
wllflnsiure a resumption of . work by
the Amalgamated Copper Company
and have been unable to "devise tny
plan looking to that end which did
not Involve the mutual cvnsent of the
parties Interested. We regret thia ex
ceedingly and hope some common
ground may yet be found by the par
ties themselves upon which they can
stand. "' '
The statement is signed by J. J. II,
W.-A. Clark. J. K.-Toole,: and Paris
Gibson. ; . . ..1 " r--
, i LOUISVILLE. Oct. 21.It is believed
the Democrats wlfl carry Louisville by
5.009, but the Itet)nblican--a.y-they
will come to the city with more han
enough to offset this. r ' '
- Difference oi Opinion.' " v i
Des Moihes, , Oct. 3L Chairman
Spence, of'the Republican state com
mittee, predicts a plurality for Gover
nor Cummins 'of - less -1 than- $0,000.
Chairman Jackson, of the Democratic
committee, says Cummins plurality
will "not exceed 30,000. " -
A .Wide Divergence;
York. Oct. ; 31.--The
; New York. Oct. 31.The Herald,
which has been taking a secret ballot,
forecasta" the re-election " of s"Mayor
Lowe by a. margin of 13,143 over Geo.
B. McClellan. The . Brooklyn , Daily
Eagle's canvass,' probably the vote in
Greater New York. Jn the coming elec
tion, based on the . returns received
from about 25,000-voters, Indicates Me-f
Clellan will carry the city by about
49,000 plurality. .. ,.
Democrats Claim Maryland.
- Baltimore, OcL 51.The campaign In
Maryland." which "closed, tonight, was
almost unprecedented In enttfuslasrri
anil partisan activity. t Johil R. Hanna,
chairman of the-i Republican state cenj
tral eoo.mittee would not' give any
figures. Murray Van Diver,' the chair
man of the Democratic "state central
committee,; claims the Democrat will
carry the -state by 13,000 majority.;.
The Aurora Boreaiis Created
Trouble All Oyer World
With at Heavy yoltage-.
Electricity Enough to
Kill. a. Wan:
FLUENCE. ' " - -
CHICAGO, Oct 3l.--J?erous disturb
antes, said to be due to the Aurora
Boreaiis. are causing - great Interfer
ence with the telegraph 'wires all over
the world. The ocean cables were ren
dered almost' Useless and: telegraph and
long distance telephone communication
waa at times almost wholly suspended.
The 'precise effect of the6ether w-aves
said to be caused by the Aurora Borer
alls la not known,' but no means has
ever been devised) successfully to com
bat"' their Influence, " and during such
disturbances, the companies operating
electrical apparatus are wholly at their
mercy. ;, ; -K ." 1 "' -"
At the climax of the! dlstarbance
there were ST volts of electricity
enough to kill a man--n the w ires
without & battery attached. An hour
later the trouble had virtually disap
peared. ' ' -r .
, "The Worst electrical "disturbance In
this city in thirty-fi-e years," said
Chier Operator PetUt, of , the Postal
Telegraph Company. "At tiroes there
were no workable. -wiresJn any Uiree
tlo?i and the 'cable service ws ser
iously affected both "on t'ne Atlantic
and the Pacific . - : .' -f
. : . Noticed in Portland. .
Portland, Oct. 31.The Interference
caused by the wave was 'noticed In
Portland, and has been causing serious
Hiconventent-e to i the: telegraph.-' com
panies and long distance telephone.
French- News DelaysdV . ''
New York. Oct. 31 The French Cable
Company has glverr notice that owing
to atmospheric conditions, business is
subject to a heavy delay.
. Beautiful in Minnesota. ;.:
Dulutlv Mino, Oct. XL The i most
brilliant display of -Aurora, . llorealis
seen, in years was enjoyed, here.' early
today. . '
1 .': " '.
Looked Like, Forest Fire...
! Salt Lake City. Oct. 31.The Aurora
Broealls waa so distinct here it .caused
many people to think a' hUge' forest fire
was raging'horth Of the city. " j
. Visible at Seattle.
' Seattle. Oct. 21. The Aurora Boreaiis
was distinctly visible, here awl, while
at its. maximum, presented a beautiful
sight to all who beheld it. . , ,
. ROUTES- . ' -
(From Sundays Daily.) .
John W. Veatch'left this evening for
Payette, and after two days ' in the
towns west of here In the interest of
the Capital News he mill leave for his
old home In Salem. Oregon,; to remain.
He will there take the position of cir
culation manager on the rtslerf States
man, hi wiles heelth being mtieh im
proved since returning to that city sev
eral, months ago,. - Mr..Veatch. is one
of the best newspaper, men In his .line
of work In the Northwest And the Capi
tal Newa regret departure and
wishes him.rocrM In his new .' held.
His work here during the past two
years has been highly satisfactory fn
very respect to his employers 1L D.
Folic a pwell kno-rl:neWTtpaper man of
this city, will take the position Vacated
by Mr. Veatih. Capital News, Boise.
fdahoi '
CMr. Veatch will Trom this tlate on
Statesman, and he will also do solicit!;
ing and collecting throughout this':
;. -. , . ... -Football
Excursion Wrecked
Upon Bi? Four Road
Fifteen: Persons Killed and
Over Fifty Seriously
; Injured
, INDIANAPOLIS. Oct. . 31. Fifteen
persons , were killed and over fifty In-'
jured; some fatally, at 10:20 "today in
fa collision between a xw-ltl passenger
traln'.oi the Big Four. Ra 1 1 road and a
freight engine with a cut of coal ".irs.
The accident happened in the ege- of
this city. ' ; ;v' " " - 'v '.-..
The "passenger train of twelve
coaches ' was carrying S54 ' persons,
nearly all of whom were, ftudents of
the. Purdue University and their friends
rom .Lafayette to Indianapolis for the
annual football "game between the Pur
due- team and the Indiana University
squad '. for the " state .championship,
which was'to have been, fought this
afternoon.- In the first coach back' of
the engine were . the Purdue football
eam, sub players and managers. -
jThree players, the assistant coach,
trainer and seven sub-players, of the
university were killed and every orfe of"
of, i the tifty-threeV other, persons . - In
car were either, fa'allv or, s'iiOHly in
jured. 'Among the dead: . i
CHARLES GRUBE sub player. .
CHARLES Fl.'RR, guard. ,., , , .
E. C. ROBERTSON, assistant coach
and. captain of the team two years
ago. " " "' " " -
R. J. POWELLj end player.
W. D, HAMILTON, center rush.
Patrick: mcclair, trainer.
Immediately after the shock, passen
gers, men and -wonen, began the fran
tic work of tearing' away the wreck
age and' pulling out the dead and dying
classmates and friends. Young women.
dressed in bright colors for the holiday,
performed heroic work. f
Though the bodies were in several
instances horribly mangled, one com
pletely and one partialls, beheaded,' they
jfcok upon their laps the heads of the
dying. and injured amd soothed their
sufferings as best they could. Their
blood-stained and , grimy garments
were gloomy Witnesses of. their hero-
- -
$12.(X was alout the average price ot.the Shit and Overcoats that were
sold during ami after tlie panicky times of a few, years' ao. 3 tit with "
the return of prosperity, Iwtter 'crops, tettcr wagt'S, and lMtter prices,
Imyers have been each season demanding letter and iK'tUr rpialitis,
until ttKlay our toMiQch $25.00 Suits and Overcoats find as rvady
buyers, as did the $15,(X) garnieiits of the dull timef, wliile the $15.00
to 18.00 lines are now as jopular in junce as were the $10.00 to $12.00
lines f the days subsequent to-ii'3. However-. t ,
We acp Prepared for all Purses with the Biggest Line
of Men's and Coys' Clothirio in the Willamette Valley
and at prices rabgiug from $0.00 up to $25.00. Our tailors are place 1
at the service of our $0.00 customer ' and our $2500 customer alike.
That's why our patrons always, wear neatly fitting clothes whether
. the price they paid be high or low. . .
The j Materials this season are Cheviots, Cashmeres, Tweeds,
. finished "and unfinished' Voisted., r'and swell Scotch ILxtures, and the
colorings are of such variety that a hundred tastes might easily be suit
ed in' our 'store. ; . - . 1
That our Boys Department was never- lefore so well stocked, and
there can be no doubt of it, for our fall purchases of boys'- suits have leen
nearly double those of any previous season. Those noljby little Korfolks,
with or without sailor collars, are tlie handsomest little men's garments
ever shown in Salem, and they're priced within the ieach of all. '
and every assistance that -could be f-j
forded wasruahed to the wreck, which ;
was three miles from the business ce-
ter, . Big muscular sfudents wept a loud j
aa they stood .over-. the bodies .of dying
friends and saw them writhing In pain..
Of the fifty-oue-persons in Jured in i
the wreck. -----thirty-nine " are seriously!
hurt; nearly all having broken bone.'
From the tweJve-eoaches were cominsl
the Joyous cries of a thjsand rooters !
for Purdue, clad In gala dress with col-1
ors streaming, while in the front couch j
sat twenty "great" muscular , felfows. '
trained to the hour, on whorh the hopes
of a brilliant victory on the gridlror
were confidently placed. . ' t
- Rounding a curve the engineer founc
directly" in 'front" Sf him a freight en
gine and coal cars moving slowly froif
the switch leading1 to the gravel pit
He reversed his engine and " Jumped.
The crash hurled the engine and three
front coaches against the steel fret-gbr"
cars loaded with coal that plowed their
way through and:were buried under e
pile of wreckage weighing many ton.
fully sixty human beings. The "first
car. In whjgh were the players, wa:
completely demolished, the roof being
torn away and, falling across, a-car of
coal, while the body of the car was re
duced to kindling wood against the
side of the steel freight cars. . The
one coach, containing a brass band
was partly telescoped and the coafh
overturned and hulled lowir a fifteeiv
foot embankment.--'.'- The other coaches
did not leave the track. . i
CHICAGO. Oct. 30. With the elec
tion of D, M.;-Parry, of 'Indianapolis,
as president of the formation of the
CitUens Industrial "Association of
America was completed tonight. The
organization - Is 5 national in Kcore,
having, among other things, ' as its ob
ject the dealing with the labor prob
lem In all Its phases. Resolutions were
rudopted .which refer to the strained
relations between the employer and
the employe and-their bad effect on
business conditions and demand ample!
protection for all seeking to eavn a
PORTLAND, Oct. 31.-The Oregon
delegation to the Traveling Passienger
Agents Association.- which meets 'at
New Orleans, November 11. departed
for the Crescent CMy tonight.- The
delegation goes prepared to make a
strenuous campaign to secure the next
contention for Portland.
WASHINGTON. Oct. 31. President
Roosevelt today Issued his ' Thanks
giving - proclamation designating
Thursday," November 26, as the day to
be observed.' '" - ' -
A. general alarm
;plf'oli'liad'iaot time io come
ia ami -take advantage of
our 20 per cent discount
salct .tli ere" aros till some
bargains For a- Ilay or two
longer 'wc will give our patrons-
a chance, but not ' a fter
Weilneslay next l""'' vz
forget : that please., f here
are good assortm e: 1 of
: Undcrwcur
lihirts, Ties,
Collars,: v ";"
And also lear. in liiind that
tfio twenty j er pent'-rodtie-tion
nieans our profit It
was only dono to ljriglil e n
up trade..'. If you do not now
take this hauce then you
must not be in nped of any
of those goods. They mo
lew,'fresli -stock. Three days
inorF. ".You may 'ydt W in
time. " - -' -' '
Sam Ado!
: 293 Commercial St.
IXltKI'KXPCXCK.-.Or, Nov. 2. A
niotis?ttr coutrer, measuring at its great.
hut Jenrrth S fe"t T 'nches. v.:n recenlly
k!IId at Ped.o; this county. The lv.tt
had been n ttrrvr to livestotk In thai
section, and :-the su-cc-rsfut hunter, 1.
I Condron. will receive a Fubstantiiil
rev-v.rd. ' . -;' .'" -
i A Runaway Bicycle.
Terminated with an. ugly cut on the
leg of J. 11. Orner. Franklin drove. HU,
It developed a stubborn ulcer, unyielil
ny to JiXtori and remedies for four
years. ;Then "Bucklen'a Arnica .Salve
curd. It's Ju.t as 'good for Hums.
Pi :ld!, Skin Eruptions 6 nd ' Pils. 2-C,
at E. J. Fry's drug store Halem. .
look you , ; ;
- f "
r x