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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 21, 1905)
THK MOHXISG OKEGUJSlAJ, SA-TLtRDAY,. JAJHJA;Ky 21, 1905. COUNTY DIVISION, LOCAL OPTION, FISHERY LAWS AGITATE MOST FIGHT TO BE FIERCE Local - Option Lobbyist Will Rush to Salem. TELEGRAMS SENJ MEMBERS Three-Cornered Contest Over New Counties in Eastern Oregon .Is At tracting Scarcely Less Inter est From Activity Shown. i LEGISLATURE TAKES RECESS. Both houses of the Oregon 'Legislature adjourned yesterday to meet again next J Monday. 4 Bills have been introduced thus far as follows: Senate, 143; House. 227. i. . o . . ..... SALEM. Or.. Jan. 20. (Special.) The fiercest fights in the Legislature will bo waged over the proposed creation of three ne.w counties in Eastern Oregon, amend ment of the local-option act, revision o -hcry laws, alterations in the game laws j i it protection of forests against Are. The hoat of battle over these subjects, especially the three first named, will reach a high degree of intensity next week. As yet the lobby has mustered few warriors.. but next week they will be rumcrous. all irmed with battle-axes. The only lobby forces thus far conspic ji'uS have been the parties to the three county lights. Next week the local-option reople anQ- tnc Uquor forces will be on hand. During the last few days the Anti-Saloon League has been represented by its attorney, E. S. J. McAllister, who Promises to be on the battlefield next with a jmissant army. Five Marked Changes. The amendment proposed to the local opti'.n act would change the law in live tssential particulars: first, it would apply the law only to Individual precincts and aoolish option by groups of precincts and counties; second, it would increase the umber of signatures necessary for a nrohibition election from 10 to 40 per cent jf the registered voters of the precinct: 'hird. It would prevent a second election 'or two years after the first was held, v.hcthcr the first went "wet" or "dry"; 'ourth. It would apply In towns and cities -i!y to residence precincts, and fifth. It would exempt breweries and wholesale liiuor-houses. Opponents of the amendment are souped Into three classes: First, those who think the law a good act: second, those who regard it as unfair or vicious u't .ire unwilling to tamper with a "peo- Ic 8 lav,": third, those who think 40 per cut too high a percentage. Very vigorous opposition to the amend ment is sure to crop out, but the advo cates of amendment profess confidence m their ability to carry the bill through the Legislature. It seems likely that r amendutpry act can be passed, pro vided U docs not abolish the local-option iJiiaciplc of the law. But there is reason to believe that the 0 per cent require ment will meet with a strong fight. Telegrams Pouring In. Hundreds of telegrams from every part f ! the state have poured In on members' of the Legislature in the last two days . rging amendment of the local option aw. These telegrams come almost cn-t.rrij- from prominent business men, and .ire ynt to member from the counties m which the senders reside. That the nding of these telegrams is a part of an organized plan to secure an amendment the local option law is evident, but the Hurt will probably be' none the less ef ic -tivc for thut roason. Members say that the messages come i om men of high buslners standing, who are in no way connected with the liquor luslness and whose wishes are entitled to respectful consideration. From some of the members of the Legislature it is liamed that the telegrams generally fa vr no particular bill, but urge amend .TMite which will be reasonable. 'hanges suggested by signers of these messages arc the adoption of purely pre i n. t local option, requiring that there t"iall toe an interval of at least two years Vtwet n elections on the liquor question. pr.$ increasing the number of petitioners nc -et-sajT to secuie submission of the sa Hon it-sue. Three New Counties Proposed. The three new counties proosed are ' Phcade. with Hood Klvcr as its county efat; Nesmlth, with Antelope as its coun tj scat, and Hot Lake, with Union as its ounty seat. AH the three proposed coun 1'cs had lobbies working all week and were opposed by counter-lobbies from V a.cco. Crook and Union. Tin- third bill for the creation of a new t unty appeared in the house this morn 'ng when Blakley of Umatilla introduced iy request the bill for Hot Lake Coun y. the- ecetion to be carved out of Union County, of which Union Is slated to be 'lit county seat. Blakley did so by re iffl of the Union County delegation. . McLod live at Elgin In the district "f La Graude. the relentless rival and "j-ponent of Union on nearly all ques ' .r. ana. particularly upon county mat t IS. Promise of Some Warmth, "he county fight i now three-Mded. J promises to be one of the most fiercely contested In both House and ! aate. Hot Lake is the name adopted for the new county instead of Clark, the 5"t name proponed. L. J. Davis, editor of the Union Repub 1' ar. brought the Hot Lake document to -nl"-n He was accompanied 'by Charles "iran. an attorney of Union. The anti Hot Lak delegation is expected to ar nve in force Monday morning bright and early, primed to make the tstaid old Cap itol echo with their protests. One of Die arguments of the La Orand- contingent is that the Union peo r'e "find their defeat in the county seat ' ght still rankling in their breast-: that, aing lost the contort, they are ster mined to have a new county formed rumple tliat I'nion may become the coun ty seat of some county. Th ranks lined up for Cascade and for Jefferson or Ncsmlth Counties, are still watching one another with an eagle eye. "Wasco people in general are working for Nesmlth and against Cascade. A pos sibc result of the fight will be the block ing of both Ncsmlth and Cascade. Protection of the Forests. The fight for protection of forests against fire will wage fiercest probably over exemption of certain counties from the closed season botwecn August 1 and September IS. In that period all clearing fires are to be prohibited, but that part of the state west of tho Coast Range pre vailed in the House committee on pub lic lands to exempt it from the bill which the committee reported back to the House yesterday. Other counties wilt probably strive for the same ex emption Rocky Road on Fisheries. The fisheries committees of the two houses have & rocky road to travel. The Upper and the Lower Columbia River salmon interests have girded themselves for strife. They disagree over the duration of closed and open seasons and a strong- element is on the -warpath for Master Fish "Warden Van Dusen's scalp. " The down-river Interests want the open season in August lengthened and the up-river interests want it short ened. It seems likely that the Legislature may enact a bill requiring hunters of game to pay an annual license. This matter will also meet opposition. Pro tection of the various kinds of game, chiefly by means of closed seasons, will be prolific of many disputes. OPERATION OF PORTAGE ROAD Appropriation of $25,000 Carried in Senator Pjerce's Bill. SALEM, Or.. Jan. 20i (Special.) An ap propriation of $23,000 for maintenance and operation of the Celilo Portage Railway between The Dalles and Celilo is asked ia the bill Introduced in the Senate today by Senator Pierce. Tho bill confers on the Portage Railway Commissioners the right to make contracts for the exchange of traffic with other roads, and to lease the road for a period not exceeding two years. In making these contracts, how ever, the commission shall fix the rates for passengers and freight. All funds received by the commission in the operation of the road shall be paid into a fund and disbursements of any kind can be made only by warrants upon this fund drawn by the commission. A bill for another 523.000 appropriation for extension of the portage road toward The Dalles will be introduced Monday. The extension, one and one-half miles long, is to connect with the Great South ern Railway two miles from The Dalles and to have connections with that city over the tracks of that company. The City of The Dalles is to bond itself for $10,000 to establish a terminal for the portage. The Great Southern has offered the use of two miles of its track in ex change for trackage arrangements with the state over the portage. HOUSE PASSES FIVE BILLS. Appropriation of $15,000 for Salmon Hatcheries Finds No Opposition. SALEM. Or.. Jan. 2o!-(Special.)-The House was casled to order at 10:15 by Speaker Mills-. Prayer was offered by Rev. W. H. Sel leck, pastor of the Sunnyslde Methodist Episcopal Church of Portland. Courtesies of the" floor were extended to J. IL Hemenway. of Cottage Grove, .ex Representative from Lane; Judge J. Trenchard. of Astoria, and W. R. Scruple, of Portland. H. B. "C.vby Mayger. to change time of holding Lewis and Clark Fair; passed. . H B. 28. by Von der Hellen. to regulate practice In Justice Courts; indefinitely postponed. H. B. 29. by McLeod, to appropriate $15,000 for salmon hatcheries; passed. H. B. S6, by Settlemler, to revise militia codo to conform with National Dick law; passed. H. B. 52. by Kuney, to authorize dis trict boundary boards to condemn prop erty for school uses; passed. H. B. 56. by Linthlcum. that articles of Incorporation be prima facie evidence of corporations risht to do business: passed. 11. B. 15, by Burns of Curry, to repeal act giving fishing rights in Curry County to riparian owners: rereferred to commit tee on fisheries. H. B. 47. by Smith of Josephine, provid ing for trial by Jury In municipal courts; indefinitely postponed. H. B. 97. by Capron, to prohibit live stock running at large west of Sandy River; failed to pass. The House adjourned until 11:15 A. M. Monday. FIFTEEN NEW BILLS IN HOUSE Total Number of Measures in the Lower Chamber Is 227. SALEM. Or.. Jan. 20.-SpecIaL)-Xew bills were introduced in the House today as follows: II. B. 213, by JCuney To Incorporate "Wasco. Sherman County. II. B. 214. by Coldwell To r.mend char ter of Dayton. Yamhill County. H. B. 215. by Laws For Lewis and Clara memorial at rite of Fort Clatsop; JK000 ap propriation. IL B. 210. by Laws For special tax for Clatsop County Courthouse. II. B. 217. by Caldwell To abolish Nor mal Schools at Ashland and Monmouth. II. B. 21S. by Colwell To amend cod a.a to equalization boards. H. B. 219, by Vawter To amend local option law as to serving notice of contests of elections thereunder. M. B. 228. by Blakley (by request) T create County of Hot Lake. II. B. 221, by Hears To protect manufac turer? and dealer In mineral and soda water. II. B. 222. by Mulr Kelatlng to supple mentary article of Incorporation and vail dating such articles heretofore made. H. B. 22.t. b Smith of Josephine To pro tect hotel keeper. H. B. 224. by Smith of Josephine To pro hibit corrupt use of money in elections. II. B. 225, by Smith of Joaephine To rg ulate appeals In criminal action. H. B. 226. by Smith of Josephine To re quire water companies to give 30 days" no-tic- of Intent to move are hydrants. II. B. 227. by Burgess To amend charter of Antelope. Wasco County. Senate Passes Bills. SALEM. Jan. 30. SpccIal.)-BJlls were passed by the Senate as follow: i S. H. 17. by Haines Amending charter j of Cornelius. S. B. 2K. by Pierce To prohibit killing of j prairie enieKeas prior -to except In "ttaso County?- S. B. 02. by ilalarkey To provide that th com-eyaaee of real property first record ed shall be effective. IL B. by Br&mhall-To ineorpor&te Ka tacada. II. B. 31. by Cole To Incorporate Lexing ton. S. B. SR. by Smith Amending Pendleton charter. S. B. c.t. I- Nottingham To amend the law relative to sales cf stocks of good. S. B. SS. by Laycock To ax boundary of Grant Countj New Bills in the Senate. SALEM. Oi.. Jan. 20. (Special.) Bills wre introduced in tho Senate today as follows: S. B. 1S7. by liaises To amend charter of Cornelius. S. B. 13S, by TutUe To amend charter of Seaside. S. B. 139. fey Avery To amend the char ter of CorvaJlls. S. B. 140. by Kuykendall For employment of convlet labor on public roads. S. B. 141. by Smith For protection of bees and bee culture. S. B. 142, by Booth To amend section 4200. relating to taking up estrays. a B. 14S. by Tierce To appropriate $23". KH) for operation of portage road. When to Go Home. From the Bluffton (Ind.) Banner: "When tired out. go home. When you want con solation, go home. VTien you want fun, go borne. Wben yo want to show others that you have reformed, go home and let roar family get acquainted with the facL When you want to show yourself at your best, go home and do the act there. When you feel like being extra liberal go home and practice on your wife and children first. When you want to shine with extra bril liancy go home and light up the whole liouseltold." To which wr would add. wiien j.uu nuv? a mu ctjiu. Home ana t take Chamberlain s' Cough Remedy and a quick cure is certain It counteracts j imy tendency of a. cold to result In pneu- monla. For sale by all druggists. LABORER'S BILLS KILLED FELLOW-SERVANT LAW IS IN DEFINITELY POSTPONED. Orjegon Senate Also Lays Aside Meas ure to Raise Maximum Amount dn Damages. SALEM, Or., Jan. 20.-SpeclaL) Two bills designed to be in the Interests of laborers were defeated In the Senate to day by indefinite postponement. One of these was Coshows bill proposing to ex tend to all occupations the provisions of the employers liability act, passed by the last Legislature, applying only to rail roads. The other was Pierce's bill for the purpose of raising from J5000 to $10,000 the maximum limit on the amount of damages that may be recovered for in Jurles causing the death oi any person. RECORD OF THE OREGGEGlATURE PASSED BOTH HOUSES. 6. B. L by Layeock To authorize school this year; vetoed by Governor. S. B. 6. by Haines To amend charter or Hillsboro. IL B. 1, by telner Ceding lake lands in Klamath County to National Government-H- B. 5, by Laws Special 5-mUl tax, Clatsop County, for Courthouse. H. B. 22, by Edwards Amending Junction City charter. " H. B. 35. by Chamberlain Amending Athena charter. U. B. 82, by Bramhall Incorporating Est&cada, Clackamas County. H. B. 01, by Cole Incorporating Lexington, Morrow County. H. B. 86, by KilUngsworth Incorporating St. Johns. Multnomah County. PASSED THE SENATE. . S. B. 6. by Haines To amend Hillsboro charter. " - S. B. ", by Smith To create Third Eastern Oregon Agricultural Society. S. B. 3, by Crolsan To pay mortgage on State Fair ground. " - t S. B. 11, by Booth To amend Springfield charter. - . S. B. 15, by Tuttle To remove protection from black bass. - " S. B. 16. by Tuttle To protect sturgeon. S. B. 20. by Crolsan To reduce recorder's fees. S. B. 21, by Crolsan To reimburse Mary Nibble r. S. B. 25, by Pierce To amend sectlon'",2021 of game laws. S. B. 26, by Pierce To enable cities to condemn land. S. B. 27. by Pierce To authorize transfer of estates. S. B. 28. by Pierce To protect nralrio chickens. S. B. 30. by Loughary Authorizing School Boards to condemn land. , - 8. B. 31. by Band To abolish office of Recorder In Baker Countyl S. B. 32, by Rand Salary Deputy Clerk In Baker County. ; - S. B. 33. by Band Salary School Superintendent, Baker County: : S. B. 34. by Rand Salary Sheriff of Baker County. S. B. 40, by Smith Creating city and county boards of health. S. B. 43, by Smith Boundary board for Umatilla, Union and Wallowa. S. B. 45. by Smith Amending veterinary surgeon law. S. B. 48, by Crolsan For purcbaat of lands around Champoeg monument. S. B. 33, by Pierce Empowering executors to execute deeds in certain cas. S. B. 57, by Layeock Extending time of giving notice of tax levies. S. B. 5S, by Brownell Charter of Mliwaukle. S. B. 6L by Malarkey Defining larceny of railway tickets. N S. B. 62. by Malarkey T'ime or recording deeds and mortgages. S. B. 60. by Miller Teachers to give 30 days notice of Intention to leave position. S. B. 68. by Nottingham To prohibit sale of adulterated linseed oil. m, S. B. 69. by Nottingham To correct section 4C24, relating to sales of stocks of goods. S. B. S3, by Layeock To fix boundary of S. B. 88, by Smith Amending Pendleton S. B. 86. by Malarkey Lewis and Clark S. B. 108, by Pierce Amending charter of PASSED THE HOUSE. H. B. 29, by McLeod To appropriate 115.000 for salmon hatcheries. H. B. 36. by Settlemler To amend militia code so as to conform with National Dick law. H. B. 43, by Burns of Clatsop To prohibit driving salmon from places-where flehing Is Illegal. II. B. 52. by Kuney To authorize district boundary boards to condemn laods for school uses. snSssAw H. B. 56. by Lintbicum To provide that 'SHnPf incorporation shall be prima facie evidence of corporation's right to do H. B. 76, by Mayger To fix time for LewtsfHitClark Fair, June 1 to Oct. 15, .1305. The report of the Judiciary committee being without recommendation, Senator Pierce moved the postponement of his own bill. Coshow's measure was defeated only after a sharp debate. Coshow's bill is sometimes known as a fellow-servant law, and is designed to change the fellow-servant law as it has been established by the decisions of the court. It practically makes an employer liable for injuries caused by the negli gence of fellow employes. When this bill was reported by the Judiciary committee. Senator Rand, chairman of the commit tee, moved that It be .Indefinitely post poned. Senator Coshow was immediately on his feet to defend his measure. Coshow explained how the fellow-servant rule has developed under the decis ions of the courts, until it is impossible for a man to recover damages for an In Jury received by him through the negli gence of a fellow-employe. He reminded the Senate of the fact that the act passed in 1903 amended the law so far as it ap plies to railroad employes, and could see no reason why the change should not be extended to all employes. He denied that this is an attack upon capital, but de clared that it is an effort to secure justice for laborers. Senator Rand opposed the bill, because he doc3 not believe it is right to hold cm pl03ers liable for the negligence of em ployes, if they have exercised due care in selecting the persons to be employed. He used two illustrations to show the effect of the law proposed by the Coshow bill. "If," he said, "a man employs two carpenters to work upon a house and one carelessly drops a board upon the head of the other, the employer 'would be lia ble In damages to the person injured, however careful he may have been in cm ploying men. If a farmer should employ two men to go out and chop down a tree and one should carelessly fell the tree upon the other, the farmer would be lia ble in damages for the injury. This Is what Is proposed by Senator Coshow's bill and I do not believe It Is justice. "If such a bill should be passed it would In less than a year meet general public disapproval and tho Governor of this state would two years from now recommend Its repeal." Senator Hodtfon. who is a printer, also opposed the bill. He said that although he is an employer oT men. he cannot select the men he shall employ. Labor unions control the employment of men and he must take those acceptable to the union foremen. Under the Coshow bill he would be liable for the negligent acts of men whom he had no power of choosing. Senator Pierce said that although he favored the fellow-servant law paused In IMS. applying to railroads, ho could not give his support to this, for he did not think It founded upon as good reason as the former. The employe on a railroad cannot know who his fellow servants are, and therefore cannot Judge of their re liability and carefulness. For that reason the railroad companv should be liable for the negligent acts of omployes. The laborer on the farm or In the shop can judge the men with whom he works, and If they be careless he can leave the employment For that reason Senator Pierce opposed the bill. No "aye and no" vote was taken on the motion to postpone, but the vote was decisive against the bill. PROTECTION OF GAME. Two Measures Introduced In the Senate. SALEM Or.. Jan. 20. (Special.) Two Senate game bills. S. B. 5L by Smith, to protect Bob White quail, and S. B. 55. by Pierce, to prohibit sale or game, have been made a special order for 2 P. M. Monday. These bills came up for final action today, but. Senator Malarkey said that because the bills have been amended since they were printed he would like an opportunity to confer with some of his constituents before voting upon the meas ure. The first bill mentioned prohibits the killing or Bob White quail In Oregon prior to 1909. As originally introduced, this bill applied only to Eastern Oregon, but at the request of several Western Oregon Senators It was amended so as to apply to the entire state. The second bill mentioned is for the pro tection of ducks and geese, and as "amend ed, provides: It shall be unlawful at any time between the 1st day of March and the 1st day of Sep tember of any year to kill, or have In posses sion, sell or offer for sale, any wild goose, wild cwan. mallard duck, wood duck, widgeon, teal, spoonbill, gray, black, sprigtail or canvaaback duck. And it shall bo unlawful at any time for any person to kill or destroy any greater number than CO of the hereinbefore enumerated ducks In one week. It shall be unlawful at any tlme to shoot, or attempt to take by any means any wild goose on any island or sand bar. In or along the Columbia River, and within the state east of the Cascade Moun tains, on which wild geese babltually rest or roost; provided, however, that in the County cf Coos, the season during which it shall be lawful to take or kill the fowl mentioned In this section, shall be from the 1st day of district levies to be filed by bru.yl. 3 Grant County. charter. Fair to condemn property; lone. August In each year to the 1st day of Feb ruary In the following year, and It shall be unlawful In the said County of Coos to take, or have in possession, sell or offer for sale, barter or exchange, any of. the said fowl be tween the 1st day of February and the 1st day of August in each year, and all provisions of this section shall apply to the said County or Coos, except as to the time of the open season. Because the sportsmen were supplied with printed copies of the bills and do not know of the amendments. Senator 'Malarkey wanted time to give the sports men a chance to express an opinion upon the bills as they now stand. REWARD FOR PROMPTNESS. Five Days in Which to Place Deeds on Record to Be Discontinued. SALEM". Or., Jan. 20.-(SpecIal.) The man who gets his deed or mortgage on record first Is to hold the title to real property, according To Malarkcy's S. B. 62. which passed the Senate today. Under the present law. If the owner of real property sells it, the purchaser may hold his deed live days before recording it, and If tho property be sold a second time within the five days, the first purchaser can hold the title. If Malarkcy's bill should become a law a man must put his deed or mortgage on record immediately if he would avoid the chance of losing his title by a second sale. When the bill came up for final consid eration by the Senate, Senator Malarkey explained that frauds are frequently com mitted under the present law by the sell ing of property twice, the first purchaser holding his deed five days and then record-' ing It. whereby the second purchaser loses his title! He asserted that business con ditions have outgrown this law and that now there should be a provision under which a man may go to the county rec ords and ascertain to a certainty whether he Is safe in buying a tract of land. The bill was given the unanimous In dorsement of the lawyers In the Senate and passed that body without a dissenting vote. If the bill becomes a law persons residing at a distance cannot safely pay money upon deeds or mortgages and then send the nmc by mall, but . must ar range to have the money and instrument change hands at the county seat where the records are kept. NEW SENATE COMMITTEES. Manufacturing and Mercantile Inter eats to Be Represented by Five. SALEM. Or.. Jan. 30. (Special.) The Senate was joponed with prayer by Presi dent John H. Coleman, of Willamette University, Senator Hodson gave notice that he will offer a resolution for the appointment of a standing committee of five on manu factures, mercantile and mechanical in dustries. Senate bills 50 and 55, relating to game, were made a special order for 2 P. M. Monday. S. B. 4. by Miller, to repeal law- creating health offices at Astoria, Taqulna Bay. Gardner and Coos Bay, was re-referred to the committee on assessment and tax ation. Senator Malarkey gave notice that ha will on Monday offer an amendment to the rules to the effect that when any bill is reported adversely the president shall immediately put the ques Hon i "Shall the bill be Indefinitely pestponedT The Senate adopted Senate joint memor ial No. 3. urging that the United States purchase the locks at Oregon City, S. B. 54. by Pierce, raising the limit of damages that may be recovered for in juries causing death, was Indefinitely post poned. S. B. 70. by jCos.how, to extend the em ployers liability act to all employments was Indefinitely postponed. The Senate adjourned until Monday at il:15 A. 3C F SQUABBLE OVER CHARTER ASTORIA MEASURE CREATES A RUMPUS IN THE HOUSE. Removal of Document From Desk of Chief Clerk Leads to Charges J of Theft. SALEM. Or., Jan. 2i (Speclal.)-A squabble broke out in tho House today over the Astoria charter, the parties to the strife being Burns of Clatsop, on the one side, and the Houso committee on cities and towns and Senator Tuttle on the other. The squabble threateno to become a combat and to draw the whole Leglsla. ture and the Governor Into the vortex. Burns introduced a. bill for several amendments to the charter last Tuesday. Today the committee on cities and towns reported back the bill, recommending its passage. But Representative Hermann, a member of the committee, went to the Chief Clerk and received the bill, which he took from the desk to Representative Jaggar. chairman, who receipted, for it to the chief clerk. Jaggar and Hermann -say that thcy wished to examine the bill further. Inas much as It really had not been recomr mended for passage by the committee, and they expect to return it to the chief clerk Monday morning. They aver that the bill was reported by the committee by mis take. They say that In reporting a num-, ber of charter bills that of Astoria was accidentally sent to the chief clerk's desk and that the committee Intended, before sending the bill back to the House, to consider amendments offered by Senator Tuttle. But Burns alleges that members cf the committee and Senator Tuttle tried to steal the bill, which had been favorably reported, and to substitute another that of Senator Tuttle. Bums Is a Democrat and Tuttle a Re publican, and thereby bangs a tale. TheCIty Council of Astoria Is of the same political faith as Burns, and. ac cording to Republicans from that city, is desirous of continuing its control of the police force and of perpetuating Itself. Burns amendments came from the Coun cil. Tuttle's amendments came from the Republican camp, and arc Identical with those which were passed by the Legisla ture two years ago. but which were ve toed by the Governor. They provide for changing the annual city election from October to June, and for creatlng'a new Police and Fire Commission of three members. The old Commission Is prac tically defunct, two of Its members being said to be now nonresidents, and the third, a Democrat, under the sway of the Council. The committee on cities and towns will probably take the Republican side of the dispute, and perhaps also the Legislature. Tuttle expects the Governor to" veto his amendments and the Legislature to pass them over the veto. JUVENILE COURT IS. EXPLAINED Boys' and Girls' Aid Society Files Biennial Report. SALEM. Or Jan. 20. (Special.) Eight thousand dollars Is t7s amount of the appropriation asked for by the Boys and Girls Aid Society, of Pprt land. in the biennial report of the su perintendent of that institution, filed today. It is alloged that this amount Is necessary to carry on the work as heretofore. In recommending the enactment of a juvenile-court law, the report states that "the difference will be in a juven ile court law, that no minor will be in carcerated in a Jail or lockup or appear In the Police Court. Some other place of detention will be found for him, and he will in no case be considered or re corded as a criminal, the Juvenile court merely being a court of Inquiry Into the boy's delinquency. He can then be committed, according to the pro posed law. to the Reform School, the Boys and Girls' Aid Society, or any other institution that the juvenile court may deem for his best interest. This is the chief difference that a Juvenile-court law will make to the County of Multnomah." Apcordinir tn the ronort. 534 children have been committed to the home dur ing the two years ending January u. 1905, and that 260 have been returned or recalled from family homes for re placement, making a total of 734 chil dren passing through the "receiving home." This shows an Increase of 173 over the number shown in the last biennial statement. The total number of children cared for by the society during Its existence Is 1T.S0. and the average number now on hand Is 42. CLAIM OF CAPTAIN MULLAN. Veteran of Indiana Wars Is in Strait ened Circumstances. SALEM, Or.. Jan. 20. (Special.) For 25 years Jin old man in Washington. D. C. has been trying to collect 510.00) from the State of Oregon. He is Captain John Mullan. A quarter of a century ago he successfully conducted litigation by which the state received over 5100.000. During all these years he has been trying to In duce the Oregon Legislature to pay the commission promised him. Governor Chnmber'aln has conie to the relief of Captain Mullan. who Is now in straitened financial condition. The Gov ernor sent a message to both houses of the Legislature today, declaring it is the duty of the members to wipe out the blot cast upon the honor of the state by their predecessors in neglecting and refusing to grant the claim of Captain Mullan. According to the history of the case a3 outlined by the Governor. Mullan, a vet eran of the Oregon Indian wars, was In 1SS0 appointed attorney for the State of Oregon to represent the state In all claims it had against the United States except those relating to public lands. He was Instrumental in collecting three claims against the United States amounting to over $100,000. When the first claim, that of J70.C6S, of Indian War veterans, was collected Mullan deducted the 10 per cent commission agreed upon, but Governor Moody required him to relinquish his com mission, writing him that as a matter of form the Legislature would prefer to make an appropriation covering his com mission. Though Captain Mullan has petitioned' nearly every Legislature for 30 years for $10,000, the total- commission due him, nothing has ever been done for his relief. CONVICT LABOR FOR ROADS. Money Earned Behind Bars to Be Spent for' Free Labor. SALEM, Or.. Jan. 20. (Special.) To pro vide for expenditure of proceeds of con vict labor on public roads is the purpose of President Kuykcndall's S. B. 110. Intro duced today. It recites that there Is widespread demand that the labor of con victs shall be applied on the roads, but that there are great difficulties, danger and expense attending any plan for work ing convicts on the roads at any point except very near the Capital City. It is further stated that the net pro ceeds of convict labor at the prison stoe foundry are about 515,000, and it ia pro vided that 510.000 of this sum shall be ex pended on the roads at such places as the Governor may direct, and for the pur pose of permanent improvement -Senator Kuykendall's idea In this Is that If the leasing of convict labor In the foun dry deprives some persons of employment, the expenditure of tho money on the roads will give employment to a corre sponding number of men. The 55000 of proceeds not appropriated will be used on necessary Improvements at the State Prison. By the plan pro posed Senator Kuykendall believes- that the state can most economically employ Its convicts, saving the expense neces sary in furnishing cages and guards for convicts employed outside a prison, and yet not materially reducing employment for free labor. HALLS RE POORLY VENTILATED Senator Pierce Is Looking for Means of Remedy. aLEM. Or.. Jan. 30. (Special.) The poor Ventilation of the legislative halls at the State 'Capitol has tried the endur ance of many of the members until they have determined to investigate the prac ticability of finding some way of improv ing conditions. In the Senate chamber particularly Is there need of some change. At present the only means of securing ventilation Is by opening the windows on opposite sides of the room, and this causes a direct draft of air from which those working in the room take cold. As a con sequence the windows arc left closed and the room becomes filled with impure air. Senator Pierce la investigating the sub ject, and says that, although he may never sit In the Senate another session, he will try to see that his successors have a suitable place in which to work. MOORE DEFENDS VAN DUSEN. Fish Varden Has Friend in Oregon's StateJTreasurer. SALEM, OF.'. Jan. 20. (Special.) State Treasurer Moore sides with Sec retary of State Dunbar in believing H. G. Van Dusen a thoroughly . efficient Fish Warden. Mr. Moore said today that Van Dusen's past administration of the office entitles him to the respect and confidence of the State Board of Fish Commissioners, which is com posed of Governor Chamberlain, Mr. Dunbar and himself. Mr. Moore said further that he will stand for Van Dusen's retention as Fish Warden as long us Van Dusen keeps up the ad ministration of the office as efficiently as hitherto. The reports that he desired Van Du sen's removal, Mr. Moore said were untrue. Stock-at-Large Bill Defeated. SALEM. Or.. Jan. 20. (Special.) Mult nomah Legislators split today on a bill to prohibit stock running at large west of Sandy River, and the bill was defeated. The measure was Introduced by Capron, who, when it came up for final passage, advocated its passage. But Bailey of Multnomah objected, whereupon other members of the House grew Interested and examined the bill minutely. They found a section which authorized anybody finding stray animals to take them up and hold them until the owner had paid 51 a head for each day they were In his possession. Several members of the House at once jumped on the measure with both feet, and Capron con sented to have -the bill sent back to the committee. The motion was defeated, hdwever. and the bill came up for passage and failed to receive the necessary votes. Little Laugh on Senator Hodson. SALEM. Or.. Jan. 20. (Special.) Left handed compliments are not often ex changed in the legislative halls, but Sen ator Pierce got the laugh on Senator Hodson today Jjy a sharp but good-natured fling at the man from Multnomah. Sen ator Hodson gave notice that on Monday he will offer a resolution providing for an additional standing committee of five members, to be known at the committee on manufactures, mercantile and mechan ical Industries. Senator Pierce was busy at the time and did not catch the full im port of what had been proposed. "What was that. Mr. President?" in quired Senator Pierce. The nature of Senator Hodson's notice was explained, whereupon Senator Pierce responded: "Oh! I thouoght It might be something important." House Favors Dick Law. SALEM. Or.. Jazi. 20. (Special.) One of the Important House bills passed by that body today was one to adopt the militia code of Oregon to the National Dick law. NEGRO NEARLY LYNCHED. Suspected of Atrocious Attack on a Nevada Woman. RENO. Jan. 20. An attempt to lynch an unknown negro was made here to day, the negro being suspected of hav ing tried to kill Mrs. James E. Har per, a prominent woman of this place, who Is so badly injured that she can not recover. Mrs. Harper's assailant broke Into her house and with an ax. struck her as she lay in bod with her two child ren. He then dragged her body into a woodshed and was preparing to sever her head from the. body when he was frightened away by the children's cries for help. About noon a strange negro was ar rested by a citizen and the sight of the man taking his prisoner to the County Jail at the point of a shotgun caused the speedy formation of a mob of 1000 people. The negro barely es caped lynching. He partially answers the description given by the Harper children. Trial for Punishing Daughter. OREGON CITY, Or.. Jan. 20. (Spe cial.) Louis Toedtomeir. of Stafford, will be tried in tho Crrcuit Court to morrow on appeal from the Justice Court on the charge of cruelly beating a young daughter. Tn the Justice Court the testimony showed that Toedtomeler severely punished the girl six different times during a single night because she refused to tell him something he demanded of her. He was fined 525 and costs, amounting to about 5S0. and from this Judgment he appealed the case to the Circuit Court. Savings Bank at Lakeview. LAKEVIEW. Or.. Jan. 20.-(SpccinD At a meeting of the shareholders of the First National Bank of Lakeview a loan and ravings bank was organized with a capital of 52O.00O. nil taken, to be known as the Lake County Loan & Savings Bank. W. H. Shirk was elected president: II. A. Brottaln, vice-president; S. O. C'rossler. cashier, and D. J. Wilcox, as sistant cai-hier. Mr. Wilcox Is at present jostma5ter. but expects? to retire from lhartftlce next month. Burglars Get 'No Plunder. GARFIELD. Wash.. Jan. 20. (Special.) The general merchandise store of B. C. BelluK was broken Into last night, but the burglar? failed to get the safe open or get away wiu any piunoer. Lntrance was gained by breaking a large pane of glass in the front door on Third street. Goodnow Arrives From Shanghai. SAN FRANCISCO. Jan. 20. Hon. John Goodnow. United States Consul-General at Shanghai, arrived here today on the steamship- Manchuria. Mr. Goodnow will proceed to Washington to answer the charges brought against him as to the conduct of his office in Shanghai. BREAKS HIS LANCE Smith in Lively Tilt With Lin thicum of Multnomah. j QfJ PUBLICATION OF BILLS Minority Member on Committee Files a Report That Results in Some Very Sharp Debate in the House; SALEM. Or.. Jan. 20. (Special.) When four members of the House committee on judiciary recommended that the bill of Smith of Josephine, for publication of bills before sessions of the Legislature, "be not passed," Smith, as" the tnlnority membcr of the committee, sent In a re port of his own. recommending that the bill "be passed." with one-or two little amendments, and valiantly, asked that his report be substituted for trie other. The House grlnndd. whereat Smith buckled on his armor and sailed Into the fray. Several volleys ensued between him self and Linthlcum of Multnomah, chair man of the committee, and Vawter of Jackson, second member of the commit tee. The House, listened awhile and then adopted the majority report and the bill was Indefinitely poatpqned. The bill provided that Legislators, after their election In June, could have their measures printed by the State Printer. Linthlcum and Smith do not harmonize well on general principles, and on partic ular subjects like Smith's bill, they struck sparks. The tilt, though sharp, was milder than expected, for Smith has said he will surely blaze xut some day, and the day seemed about at hand yesterday. Linthlcum said that the bill. If enacted, would entail heavy expense on the state In the printing of worthless or cranky bllls and that it would fail to bring out many bills which should see the light be fore the Legislature met. because they would be kept in hiding as long as possi ble. He pointed out that the Legislature already had more bills than it could well attend to. Vawter of Jackson added his voice to that of Linthicum's. Smith closed the de bate with an impassioned appeal for leg islation for the people and against the Jnfluence of corporations, which, he said. were working to block the people's laws. Publicity of proposed legislation in the manner provided by his bill, he declared, would be a potent force In offsetting the power of corporations. Smith wound up with a sarcastic fling at the bill passed by the House yesterday, advocated by Linthl cum, and enabling corporations to in crease their power by acting as execu tors, administrators and guardians. Smith declared that the Legislature, instead of Increasing corporation privileges, would better curtail them. On the question of substituting Smith's report for that of the majority. Smith de manded the ayes and noes and the vota was: Ayes, 18; noes. 26. Guilty of Assault on Old Mart. OREGON CITY, Or.. Jan. 20. (Spe cial.) A jury in the Justice Court to day found Louis Hinder guilty of as sault and battery, the complaining wit ness being Gus Oldenburg. ' Himler, with his brother, Henry, who had al ready pleaded guilty to the same charge, several days ago assaulted and shamefully beat Oldenburg, who is aged about 55 years. After knocking down their victim, the Hlmlers kicked him cruelly, dislodging a number of teeth, besides otherwise rendering "his features unrecognizable. The three men are rival fishermen, and the assault followed the charge of Oldenburg that the Hlmlers had de molished his fishing-boat. Applicants for Grazing Permits. -GOLDBNDALE, Wash., Jan. 20. (Spe cial.) G. F. Allen, Forest Reserve Super visor, has been at Goldendalc for two days, receiving applications from Klicki tav'stockmen for permits to graze rheep and cattle on the Mount Rainier reserve, in the vicinity of Mount 'Adams, during the Summer of 1S05. He received 30 ap plications from sheepmen and IS from cat tlemen. The Supervisor's visit to Golden dale has been a great convenience to Klickitat stockmen, as heretofore they have had to go to North Yakima to make application for grazing privileges. Mr. Allen will be at North Yakima on Janu ary 25 and 26. Indians Have Been Fed. SAN DIEGO. Cal., Jan. 20. The com mittee in charge of tho distribution of relief supplies to the starving Indian? dn the C&mpo Reservation, has con cluded its work. When tne Indians had been relieved on the five reserva tions to which the public's attention had been called, the committee had on hand supplies which were not needed there. These have now been distributed among the Conejos and the El Capi tans, each numbering about 50 fami lies. Twenty-five sacks of seed gralr also have been sent to each reserva tion, which will be planted at once. Willamette's Display at Fair. WILLAMETTE UNIVERSITY, Salem Or.. Jan. 20. (Special.) Dean W. C Hawley has been given charge of the arrangements for an exhibit of Wil lamette University at the Lewis and Clark Fair nnd is arranging one along novel lines, the idea being graphically to Illustrato the pioneer history of the school. Willamette Is the oldest edu cational institution west of the Mis souri River. Professor Hawley vis ited St. Louis this Summer and made a special study of the educational exhibit in order to get ideas. Alcohol in the Philippine. Harper's Weekly. The most recent surprising report that controverts beliefs and principi-a that were commonly accepted is con-, veyed by Major Charles E. Woodruff, a surgeon In the United States Army, and concerns the use of intoxicants by Americans In the Philippines. Wben President Eliot, of Harvard, hart occa sion to address a group of teachers who were starting for the Philippines, hn admonished them, among other things, to abstain from alcohol. Major Wood ruff says that wat had advice. He re lates that In 1902, being impressed lv the common assertion that alcohol was particularly dangerous to our soldiers In the tropics, he made a study of th ohyslral condition and drinking habits of an Infantry regiment that hud been three years In the Philippines, and of a cavalry regiment thit had been ther 15 months. He found, to Ids astonish ment, and somewhat to his confusion, that 68 per cent of tho excessive drink ers retained their health. 66 per cent of the moderate drinkers, and 4& pet cent of the abstainers. Of the exes slves l'c per cent died; of the mod erates. 4 per cent; and of the abstainers 9 per cent