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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 16, 1905)
12 THE MORNING OREGONIAN, THUKSDAr, FJSBKUAKr o, iwo. BE THEIR TIE Railroads Are Not Forc ing the Fighting. CLASH MUST GOME SOON Amendments Prepared for the Commission Bill. GOVERNOR'S POWER ABRIDGED Other Changes Will Be Insisted Upon That Will Rouse the Radicals to Save Stringent Measures of the Proposed Law. OLYMPIA, Wasn., Feb. 15. (Staff Correspondence.) When cx-Governor McBridc was spreading the railroaj commission gospel from the stump two years ago he always alluded to the de funct Oregon Railroad Commission as a "poor, weak, nerveless creature." The original commissiou men in this state were abundantly supplied with nerve and made most generous use of it in lormuiating a commission bill for "Washington, but despite their efforts tho trend of sentiment now promises to culminate in a commission answering McBride's description of tnat which flourished and faded in Oregon. This bill, as previously explained, places the O. R. & "S. Co. at a disadvan tage, if the joint-rate provision is en forced in its present shape. The cele brated southeast combine is on much better terms with the O. R. & N. than arc some of the other portions of the pta;e with the. roads by which they are served. Accordingly the Southeast will not permit the bill to go through in such snape that their road will suffer jtt the hands of the commission any more than the other roads. Wariness of the Southeast. The Southeast is inclined to be wary on this feature and it is also somewhat suspicious of the political possibilities of the measure Despite their objections the members are anxious to live up to 1 the pledges of their county platforms and will vote for the passage of some kind of a commission bill, if a safe one can be -whipped into shape between now and the day of adjournment. Prog ress In this direction can hardly be termed rapid In view of -what has been done thus far. The railroad forces -were given a hearing before the joint committee this evening, with "W. "V. Cotton ap pearing for the O. R. & N. and B. S. Grosscup for the Northern Pacific Both pointed out the objections to the bill. Mr. Cotton was the first speaker, and after a slight discussion of the inad vlsability of placing such unlimited power in the hands of one man, he took up the matter of distributive rates, showing that under the powers granted by the commission it would be possible for the Seattle jobbers to kill Spokane's jobbing trade by simply reducing and equalizing the "present high local rates, from Seattle to Spokane territory. J I insisted that the joint-rate proviso had been inserted in the bill without any demand having bean made for it, and If enforced would have the effect of elim inating competition. Power to Destroy and Make Cities. Mr. Grosscup spoke on similar lines, dwelling in particular on the power of the commission to build up or tear down cities by simply changing the distributive rates. He refused to rec ognize the right of the state to take the management of the roads out of the hands of the owners. He contend ed that the .demand for a commission should come from the shippers, and not from the politicians, who, he as serted, might in future years use the THE Ab r V O vv CO A commission as a vehicle for carrying out their political plans. On behalf of the electric lines, which come under the commission bill's jur isdiction, George Donworth. of Seat tle, appeared to enter a protest. He said that It would be Impossible for the suburban electric lines running out into sparsely settled districts to con form to the rules which the commis sion would have power to make, and he asked that an amendment exempt ing electric lines be inserted. Kennoyer Talks of Discrimination. Mr. Kennoyer, of Whitman County, was the sole speaker In behalf of the commission forces, lie insisted . that the railroads had practiced discrimina tion in the matter of wheat rates in his county, and had also refused to grant satisfactory rates on lumber and pottery from Palouse c:es. It was from the latter point that he thought the joint rate provision of the bill would prove the most effective. There being no further speakers re sponding, the committee went into ex ecutive session shortly after 9 o'clock. As many of the members were busy on other committees, a motion to adjourn until tomorrow evening carried without objection. The railroad men have not yet made much of a fight against the bill, and the proceedings this evening were more in the nature of a waiting game. The fight wilL begin in earnest as soon as the committee takes up the amend ments which will be offered by the more liberal commission men and the avowed railroad men. A number of these amendments had been prepared for submission at the executive session tonight and will be presented tomorrow evening. m Radicals Will Not Like Them. These amendments, from all reports, will, if adopted, place an entirely dif ferent complexion on the railroad com mission bill, and will hardly be accept ed by .the radicals without a hot fight. In fact, both sides are rapidly ap proaching the point where nothing but u light can follow. Among the radical changes which the railroad forces expect to make In the hill is an amendment to section 1, relieving the Governor of absolute power of removal, substituting in place thereof a provision that a commis sioner may be removed from office In tho manner provided by law for the impeachment of state officers. It is also provided that for good cause the Gov ernor may suspend a commissioner when the Legislature is not in session. Power of confirmation is placed with the Senate, and In case that body falls to confirm a commisloner appointed by the Governor, a vacancy shall be deem ed to exist, and the Governor shall fill such vacancy by a new appointment, which shall also be submitted to the Senate at the same session for confirm ation. Substitute for Rate Section. A substitute for section 3 provides: That all cJiarffw for carrying freight and jiassengera In this state rfiall be Juat. fair and r-atonable, and the Railroad Commission of Washington t hereby vested wth power and authority, upon complaint made by a person, firm or corporation having a pecuniary Interest therein, as hereinafter provided, after a full hearing, to make a finding declaring any ex isting rate' for transportation of perjns or property to be unreasonable or unjustly dis criminatory, and. to declare and order what shall be a just and reasonable rate, and such order of the commission hall take effect and become dperatlve within 60 das after notice thereof has been given to the railroad company or rallroaU companies affected by the rate. Any railroad company affected by the order of the commission, and deeming it to be un reasonable or contrary to law, may institute proceedings in the Superior Court. Pending fuch hearing, the court In which eueh matter is pending, having juri.dlctlon thereof, shall, upon application, stay the order of the com mission upon the giving of a good and uffl cient bond to be approved by the court upon such terms and conditions as the court shall ' flx and deem reasonable under the circum stances. Such proceedings In. the Superior Court shall be Instituted . by a complaint In the nature of a complaint In other civil actions of an equitable character. In case of an appeal to the Supreme Court, either Supreme Court or the Superior Court from which such appeal is taken, shall flx the terms upon which a supersedeas shall be al lowed, and upon giving ?uch bond as the court shall require, the order or the commission shall be stayed until final adjudication and decree of the Supreme Court. Unless railroad com panies affected by the order of the commission shall begin action within 60 days after the rendition of said order, such order shall go Into effect. But the railroad company or com panies affected may at any tlnw- file the action herein provided for to set aside the order of the commission. Section Seven Is Stricken Out. All of section 7, conferring arbitrary rate-making powers on the commission, when complaint Is made, is stricken out. To section S, "which places the burden of proof on the railroad company, an amend ment will add: By the term "burden of proof," as herein DISTURBING RAILROAD m,mm? , ni. .. i t m mmsjr oxfe. used. It la Intended to Impose upon the railroad -company appealing from the order of the rail road commission the affirmative of the Itsue, but It la not intended such order of the com mission shall take the place of evidence. It shall not be necessary In ny such action for the railroad company affected by the order of the commission to rtiow that such order will amount to confiscation of property, but if It be shown that such order of the commission will deprive the rallroAd company thus affected of a fair and reasonable compensation for the services rendered, then .5UCh order of the com mission fhalt be set aside. All of section 12, which directs the commission to ascertain the amount of moneys Invested in railroad property, the indebtedness, salary roll and similar Information, is stricken out, also that part, of the same section providing for a system of reports from the railroads to the commission, upon application of the commission at any time the board sees fit to require it. Section 14 is amended by striking "out the words "that no witness shall be en titled to fees or mileage from ' the Slate of Washington when' summoned at the instance of the railroad or ex press companies." Subdivision C of section 15 is amend ed by striking out the words "it shall also be unjust discrimination for any railroad or express company subject hereto, to charge or receive any great er compensation in the aggregate for the transportation of like kind of prop erty or passengers for a shorter than for a longer distance over the same line." Offered as a Substitute. In lieu of this the following is recom mended: It shall also be unjust discrimination for any railroad company subject to the provisions of this act to charge or receive any greater com pensation In the aggregate for the transporta tion of passengers or of like kind of property under substantially similar circumstances and conditions for a shorter than for a longer dis tance over the same line In the same direction; the shorter being included with the longer dis tance The substitute for section 4, which contains the joint-rate provision, reads: That the commission by this act appointed shall have power to regulate Joint rates ot lines under common control and management to the same extent and In the same manner that It is given authority to regulate the rates over the lines of a single company. Railroad companies shall be deemed to be under the same control and management If a majority of the Mock of such companies Is held and voted by the same persons or corporations. Some minor changes' may be-made in these amendments when they are pre sented, but they will retain enough of their present construction to effect a striking change in the bill if they are adopted, E. W. W. Engineers Elect Officers. OLYMPIA, Wash.. Feb. 15. (Special.) The legislative board of the Brotherhood of Locomotive Engineers, which has been in session off and on In Olympia since January 12. yesterday adjourned to meet at the call of the chairman, after electing officers for the ensuing biennlum. George O. Barnhart. of Starbuck, suc ceeds James Foster, of Tacoma, as chair man, and R. F. Jones, of EHcnsburg, was elected secretary and vice-president, suc ceeding H. A. Moore, of Tacoma. Mem bers of the board for the ensuing bien nlum are: M. F. Kincald, Seattle: E. G. Spencer, Leavenworth: H. J. Jones. Hill yard; M. Vetter, Spokane; James Foster, Tacoma; R. F. Jones, Ellensburg; George O. Barnhart, Starbuck. Mr. Barnhart. the chairman-elect, has been chairman of the locomotive en gineers on the O. R. & X. system for the past 15 years. FOREST GROVE'S MODEL SALOON Mayor Cast Vote That Passes Ordi nanceFight Will Be Made. FOREST GROVE, Or., Feb. 15. (Spe cial.) The City Council last night passed an ordinance providing for the licensing of saloons at the rate of $650 per annum. No time was lost in mak ing the measure a law. It was brought before the Council for the first time last night, the rules of order were sus pended and. after the required three readings, final action was taken. The vote by the Councllmen was a tie upon the measure, and the deciding vote was cast in the affirmative by Mayor John son. The new ordinance provides very stringent restrictions. It stipulates Sunday and 11 o'clock closing, and for bids slot machines or gambling of any kind. Any saloon established under it must contain but one room and must not advertise its business by any sign or placard. The ordinance allows the granting of a license within 10 days. One application has already been filed, and a building for saloon purposes is being erected. It appears that a saloon will certain ly be established the first legal saloon ever opened In Forest Grove. Whether it will succeed in running or not re mains to be seen. The faculty of Pa cific University has declared emphat ically that it will fight the saloon in the courts and attempt to gain title to anyj building where a saloon Is operated on the forfeiture clause In the original deed to allclty property. QUESTION TAKES THE TIME OF OLYMPIA LEGISLATORS CLERKS KEEP JOBS Washington Senate Struggles but Removes No Heads. KIN NEAR MAKES SPECIAL PLEA Public Printer Bill Appears in Both Houses Christian's High Finance Measure Passes Lower House Foreign Bank Bill Approved. OLYMPIA, Wash.. Feb. 15.-(SpecIal.) The state wrangled over the question of reducing the number of employes this af ternoon and finally ended the" controversy by making no change at all. KInnear submitted the special commit tee report. In which It was recommended that the number of employes be reduced from 55 to 38. a reduction of 17 in number and 579 per day In pay. A plea was made for the employes by Kennedy, who said that many. If discharged now. would ap pear to be Incompetent. KInnear said that the duty of the committee was an un pleasant one and that no employe had been dropped on the ground of Incom petency. VIness said that he had never yet hired a man for a month and discharged him at the end of 15 days. O'Donnell moved the Indefinite postponement of the report and the motion was adopted. 22 to 15. Boone then moved that a committee of three be appointed to designate 42 em ployes, allowing one for each Senator. After some discussion the motion was lost, IS to IS. A bill providing for the submission of a constitutional amendment which will re quire common carriers to Issue passes to public officers was Introduced by Stanscll in the Senate. ' The bill appropriating nearly 51.0)0.000 for the state institutions as heretofore given was Introduced. ' The public printer bill with the joint printing committee named as author, was Introduced in House and Senate. C. R. Payne, of Chinook, had already announced his candidacy for the position as public printer in the event the bill becomes a law. and apparently has the Southwest behind him. The hill provides for the appointment of a public printer by the Governor and fixes a schedule of prices for state work. The Governor's private secretary is re quired to sign all requisitions for print ing and to approve all bills, and is to receive $600 extra compensation per year for performing such duties. This was Senate day In the House, and the House gave Its approval to seven bills that had passed the upper branch. The most important of these was tho Christian bill, which gives one corpora tion the right to acquire stock In another corporation. The bill has been referred to as a "high finance" measure and was met by some opposition on the second Teaulng from members who feared it was conferring too much liberty on corpora tions In the matters of creating trusts and mergers. The friends of the bill allege, however, that it merely gives corporations a di rect, way of accomplishing an end that tho present law permits them to accom plish In a roundabout manner. When the bill came up for final passage this after noon there was no word of opposition spoken and the vote was recorded ayes 61. noes 11, absent and not voting 14. Fifteen house bills were also passed by the House. The Vilas foreign bank bill, which had its teeth drawn on second reading, was then referred back to the committee and again made its appearance with the teeth back In, was passed without discussion. The bill permits foreign banks to do an exchange business, but prohibits their receiving deposits. The deposit feature does not apply to banks existing prior to January, 1905, or to their successors or assigns when the transfer is made prior to the taking ffect of the law. The amount of capital stock Is regulated to correspond to the require ments of the National banking law and affects both old and new foreign banks. McCoy's bill creating a public highway fund by the levying of a state tax of one-half mill on the assessed valuation was passed without opposition. The tax would raise about 5150,000 annually and and the fund could be expended for high way construction and repairs. A bill by Reld. embodying tho Gover nor's recommendation relative to the en forcement of the payment of the state tax on liquor licenses, was passed. It requires that unless the State Treasurer's Indorsement that the state's ten percent had been paid is- on a liquor license, the license shall not be valid. Dawes of King County presented In the House today a bill prepared by the large packing companies of Seattle, which re quires the inspection of cattle, sheep and hogs that are slaughtered for the con sumption of the cities of the first, second and third classes. The Inspection duties are placed urion the state veterinarian and deputies, who are to receive compensation for the work in fees. Charles H. Frye, of the Frye-Bruhn Company, is actively lobbying for the bill. The serious condition of Senator Vande vanter, who Is 111 of typhoid fever, caused the offering of a special prayer for his recovery by Rev. A. G. Sawin, temporary chaplain of the Senate. The Stevens County judicial district bill, which was passed by the House tills morning with an amendment leaving Ferry County in its present district, was Immediately transmitted to the Senate and the Senate concurred in the amend ment. Senate bills passed prohibits the em ployment of special counsel by County Commissioners, and declared abandon ment of persons dependent upon one to by a misdemeanor. The bill changing the official title of the Agricultural College to Washington State College was among the bills passed. TACOMA FOOTS THE BILL. m Mayor Wright's Offer for Removal of the Capital. OLYMPIA, Wash.. Feb. 15. (Special.) The House judiciary committee, after listening to brief statements from per sons not connected with the Legislature In regard to the capital-removal bill, to night adopted a motion to report the bill with a recommendation that It do pas3 and that it be made a special order In the House next Friday at 10 A. M. The vote on the recommendation was six to four. Those opposed will submit a minority report. As finally signed the report will stand seven to six for pas sage. The vote was taken In executive session. In the open meeting preceding It Mayor George P. Wright, of Tacoma. offered in behalf of the City of Tacoma to present to the state Wright Park, in the heart of the city, for' use as a Capitol site. In the event the bill passed and the people voted to move the seat of government. He fur ther offered to provide Immediate quar ters for the Supreme Court and library, cither on the third floor of the Pierce County Courthouse or on one floor of the City Hall, or In both If needed. The Mayor also proposed that If the capital were moved the citizens of Ta coma should bear all the expense of mov ing the state's property and should con struct & temporary Capitol In Wright Park, to "cost not less than 550.000. A strong plea for Olympia was made by A. J. Falknor. He said the Capitol build ings In Olympia had cost the state 5750,000. They were built by mortgaging the Capi tol land grant. The Capitol land grant If now sold would not bring 51,000,000. Ho believed It doubtful If It ever brought more than that amount, and he esti mated that by the time the present Capi tol became unavailable for further use the claims against the grant, together with interest, would reach fully 51.000,000. Owing to the terms under which the land grant was made to the state for Capitol purposes, the state was acting only in trust for the Capitol fund. It could no more convert the present buildings to other uses, said Mr. Falknor, than It could appropriate for general pur poses the permanent school fund. If the capital were removed the present building would have to remain in disuse, because no Legislature would ever pay out of the general fund the 5750.000 that would be re quired to purchase the buildings In order to use them for some other Institution. Representative Crandall spoke briefly in answer to Mr. Falknor. He insisted that the present building was a failure: that the state must have a Capitol, and he be lieved the state should embrace the op portunity offered by Tacoma of a free site and freedom from all expense in removing the capital and establishing It In comfortable and more convenient quar ters. The action of the committee presages the fate of tho bill in the House. Unless tho opponents of capital removal can se cure a number of votes now reckoned In the other column, the bill will pass. An effort was made to secure an expres sion of the views of the committee on Congressional districting tonight, on (he advisability of dividing the state Into dis tricts under any plan. The meeting was a joint one, and was attended by only 13 of the 19 members. The vote resulted in 7 against any method of districting and 6 In favor. The vote was secured at the solicitation of the members who favor districting the state. They were natural ly not satisfied with the result, and still desired that the committee take up and discuss the Frostad and Rands bills, pro viding different plans of dividing the state. The committee finally adjourned until Monday evening, with the understanding that an effort would be made to get all the members of the two committees to attend. The friends of Congressional dis tricting admit that there Is little hope for the passage of a bill at this session. The bill creating the County of Benton from a portion of Yakima and Klickitat Counties was acted upon favorably to night by the joint committee on counties and county boundaries. The Hughes bill, dividing Douglas County and creating the County of Coulee from the eastern por tion, was discussed, and several farmers stupid. Stupid lM about his liver. There is where all his trouble lies. A sluppish liver makes a sluggish mind. tvTipti ftc ftlnnH ic Ayer's Pills act directly on the liver. They are 31 I all vegetable, sugar-coated. Dose, just one pill at bedtime. Sold for 60 years. Always keep a box of these pills in the house. 3C6t by the J. C. Aye? Co., Lowell, Hut Alio nmulcturer of HAIR VIGOR For tho hair. SARSAPARILLA For the blood. nnnmaHiimiincnrnisii from Douglas County appeared for and j against the bill. There was so great a divergence of opinion among the people of the county indicated from the remarks of those present that the committee de cided to postpone further consideration until the people affected could agree upon what they wanted. Weak Defense of Adoiph Webec AUBURN. Cal.. Fob. 15. The opening statement for the defense in the case of Adoiph Weber, accused of having mur dered father, mother, sister and brother, has proved one of the greatest sensations of this sensational case. Grove L. John son, the resourceful and experienced counsel who is defending Weber, shows practically that he has no case. In his statement Johnson promised that by the telephone operatives of Auburn he would show that there was- life In the Weber house even after the defendant Is admitted by the prosecution to have left it. He said he would show that the Weber line was out of service, presumably through the removal of the phone, by Mrs. Weber, at the time she was shot In the armpit. He could show that the re volver found In the Weber barn had been "planted" there by the prosecution. He would Impeach the testimony of George Jtuth, Henry Carr and the other most Im portant witnesses. So far he has failed to prove any point he has outlined. BOND PRONOUNCED MURDERER Jury Finds Him Guilty of Killing Charles Daly, at Boise. BOISE. Idaho, Feb. 15. The Jury to night returned a verdict of murder In the first degree against "Fred" Bond for the murder of Charles Daly in this city on October 6 last. The murder was peculiarly atrocious. Bond was a board er at the house of his victim and ap pears to have-been the paramour of the latter's young wife. Daly -was shot and struck with a The Kind You Have Always in use for over SO years, and I AYER'S I AYER'S I IbHiaGxioaR jfyfji J7- . sonal supervision since its infancy. ZccAl4&i Allow no one to deceive you in this. All Counterfeits, Imitations and" Just-as-good" are hut. Experiments that trifle "with and endanger the .health otT Infants and Children Experience against Experiment What is CASTORIA Castoria is a harmless substitute for Castor Oil, Pare goric, Drops and Soothing Syrups. It is Pleasant. It contains neither Opium, Morphine nor other Narcotic substance. Its age is its guarantee. It destroys "Worms and allays Peverishness. It cures Diarrhoea and "Wind Colic It relieves Teething Troubles, cures Constipation and Flatulency. It assimilates the Pood, regulates the Stomach and Bowels, giving healthy and natural sleep . The Children's Panacea The Mother's Friend. 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