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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 1, 1907)
12 THE MORNING OREGONIAN, 'FRIDAY, FEBRUARY 1, 190T. SHERIFF 'STEVENS IS HIS FIGHT Multnomah Delegation in Cau cus Votes to Support Driscoll's Bill. COUNTY COURT DEFEATED Custody and Feeding of Prisoners Will Be Given to Peace Officer. Trice of Meals Fixed at 12 1-2 Cents. SALEM, Or., Jan. 31. (Special.) Mult nomah County's delegation in both houses t a meeting tonight favorably considered Representative Drfecoll's bill restoring to Sheriff Stevens, of Multnomah . County, the custody and control as well as the fowling of ail prisoners confined in the Multnomah County Jail. The price to be paid Sheriff Stevens for feeding prisoners was fixed at 12',-i cents a meal. The emcr pciM -y rlausc was stricken from the bill, after the nv aiitro had been amended so as to apply only to Multnomah County. We istor attended the meeting s ml art Ire s- d the delegation "n the pres ent system of working prisoners at Kelly's Butte and informed the legislators that re contlurr 3 it would bo a serious mir i ike to cn i.-t any legislation that would interfere v, i h the present system of the i uunty Com' In thut employing the coun ty's prisoners.. The vote of the delegation was about 2 to I in favor of Driscoll's bill, at amended. Drlncoll's other bill, authorizing the Sheriff of Multnomah County to ap point such deputies as may be allowed by a Circuit Court rather than by the County Court, by which the salaries of such appointets Is to be determined, was laid on the table to be considered at a subsequent meeting of the dele gation. Senators Killlngsworth and Hodson led the attack on the first Driseoll bill, but were defeated In every attempt to prevent favorable consideration of the measure, after a few slight amend ments had been made, although they managed to keep the price to lie paid tile Sheriff for feeding the prisoners down to a minimum. .The prlee finally agreed on is an advance of 1 cent a meal on the price now being paid by the county under a contract with a Portland restaurant for feeding pris oners In the County Jail. Judge Web Fter advised the delegation that the countv is feeding the prisoners at Kef ley's Butte at a cost of between 8 and 9 eenls a meal. .ir sheriff Two .Jailers. The bill vas so amended as to cm power t!ic present Sheriff to appoint two j;:il-rs ;i L a salary of not to ex ceed $9 a month, and as many guards m may be considered necessary by the County Court, by which the salaries of such appointees will be fixed. The original bill provided for the appoint ment of tiiffe guards at the discretion of the Circuit Court. The pr;i.-tiee of keeping about ten roomy prisoners ot tlte County J;ill to perform .inuior work was unfavora bly considered, and U was the sense of the delegation that this assistance should l,v; i iti ploy t-'d at the expense of the ci tlttty. The matter of fixing the price to be Tniil the Sheriff for foedine- the prison ers resulted In an extended discussion Senator Beach, in order to get the subject before the delegation, moved that the price be fixed at 9 cents a me:il. This brought forth a storm of objections from the other members, who Questioned that prisoners could be nd'quately fed for that figure. Cha pin proposed an amendment and named J2'.-i cents a meal. mis was nnauy agreed to by members of the delega tion by a prao.tieally unanimous vote. An increase in salaries of deputies In County Clerk Fields' office wan voted by the delegation as follows: two chief depu ties from $125 to $150 a month each: other deputies as may be deemed necessary in discretion of County Court at salaries ranging from $00 minimum to $125 maxi mum, salaries to be tlxed by members of the County- Court. These deputies are now receiving from $T5 to a month. Copyists and female deputies $75 per month; appointment of these assistants and their number to be left to the County Court. Unanimous endorsement was given Sen ator Beach's Juvenile-Court bill. the only Important amendment In the pres ent law being that the age limit of children coming within the jurisdiction of the court is to be raised from 12 to 14 years. Judge Frazer attended the meet ing and spoke briefly in the interest of this bill. More Salary, for Auditor. An increase, in salary for the Multno mah County Auditor from $2000 to J240 jier annum was agreed on after some dis cussion. The bill proposed to increase Hits officer's salary to $:XH) per annum, but the delegation did not favor so large an advance. The salary of the chief deputy In the Auditor's office was fixed at $150 a month and the appointment of another deputy at $00 per month was authorized at the discretion of the County Court. The delegation also favorably consid ered a bill creating the office of deputy constable for the Portland Justice dis trict a.t a salary of $100 a month. It was agreed at the opening of the meeting" that the conference should be in the nature of a caucus and that the action of the delegation should be bind ing on all members participating, so that the measures decided upon tonight will receive the undivided support of the dele gation, all members of which attended the session, when the various measures come- before the two houses. Other bills pertaining to Multnomah County will be considered at subsequent meetings of the delegation, which will lie held frequently, beginning next week. Representative Northup, of the Mult riomah County delegation, will tomorrow Introduce In the House a bill providing for consolidation of the two Justice courts in Multnomah County, to take effect from and after the next general election. The bill contemplates the con solidation of both the Justice Courts In one department, with two Justices of ti e Peace, whose salary Is to be fixed at CtW per annum each. Provision is made for one clerk to serve both depart ments at $120) and a deputy clerk at ?-' per annum: one constable at $1500 and f rleputj- constable at $960. The bill extends the jurisdiction of the Justice district as consolidated to include nil that part of Multnomah County not otherwise set aside Into justice districts. The measure was drafted by R. G. Mor row, of Portland. STOP ORGANIZATION FIGHTS I breaker Davey Proposes Flection ot . Presiding Officers by People. pImM. Or., Jan. 31. (Special.) In or der, to stop fighting among politicians for WganizaUon of the two houses of the W Legislature, and to give the people the selection of the presiding officers of the lawmaking bodies. Speaker Davey has proposed a constitutional amendment. His plan is that each officer shall be elected to serve four years and is to be nominated and elected the same as any other state officers, in addition to the SO members of the Senate and the 60 members of the House. Neither Speaker nor President shall have a vote except in case of a tie. The amendment to Article IV of the constitution, if adopted by the Legislature this session and by the people in June, 1?0S, will become effective for the elec tion in June, 1S10. and the regular legis lative session of 1911. It is as follows: Sectlcn 11a. There shall be elected by the qualified electors of the State of Oregon, at the first general election held, after the adop tion of this amendment, and every four years thereafter, a President of the .Senate and a Speaker of the House of Representatives, who shall possess the several qualifications pre scribed in Section R of Article IV of the Con stitution of the State of Oregon, and shall hold their respective office for the term of four years from such election and no longer, each of such officers to receive the sime com pensation for his service as is paid to a Senator or to a Representative, and he halt respectively preside over the deliberations of the House or the Senate and perform all the iltiLies respectively dvolving upon the Presi dent of the Senate and the Speaker of the House, except that neither Bhall nave the rigtu to vote on any measures unless the members voting thereon are 'equally divided provided, that in case of vacancy in either of such offices, the memners of the Legislative body over which he was elected to preside shall elect one of their number pro tempore, who shall hold his office until -the next general election, unless removed by the body which elected him. The resolution was duly referred to the House committee on resolutions. Leaves Debtors in Peace. SALBM. Or.. Jan. 31. (Special.) By a vote of eft to 13 the House today refused to pass Representative Chapin's bill pro. viding that a creditor shall have a right to inspect a debtor's books and make copies thereof, when the debtor has se cured credit by means of any statement that testified to his ability to pay. The bill came from an association of creditors in Portland. The most .active opponent of the bill was Campbell of Clackamas, who contended that providing no means or remedy for creditors, the bill would accomplish nothing. Payer of Multnomah thought merchants would be better off If left to their own ways of finding out the solvency of debt ors. This was the opinion also of Jewell of Josephine. Barrett of Washington and Jackson of Dougla.i. MORTGAGE TUX IS KILLED HOUSE INDEFINITELY POST PONES JACKSON BILL. Linn County's Three Representatives Rally to Support of Doomed Meas ure Double Taxation Feared. SAT-EM, Or., Jan. 31. (Special.) Taxa tion of mortgages was defeated in the House today by a vote of 43 to IS on a motion to postpone indefinitely the bill fathered by Representative Jackson. Those voting against postponement and for the bill were Brown t" I.lnn, Donnelly of Wheeler, Kd wards of Une Holt of Uinn, Jackson of Douglas, Jewell of Josephine, Kubli of Jackson, Merryman of" Klamath, Purdy of Washington, Rackleff of Curry, Simmons of Marlon. Steen of Umatilla and Upmeyer of Linn. Linn County's three Representatives all supported the measure. The bill was adversely reported by the committee on taxation. Jackson led and closed the debate. . Those, fighting him were Newell. Rodgers, Scttlemier, North up and Vawter. all of whom made speeches. The only member who spoke siding with Jackson was Purdy of Wash ington. Jackson argued that since the mortgage tax law was repealed in 1S93 the conditions of the money market have changed and lenders of money now can not dictate the terms, as they did then. Now money is begging for responsible borrowers and would not be deterred from coming here by a mortgage tax. Newell declared -that under the old mortgage tax interest rates were 2 and 3 per cent higher than now and that the debtor paid the tax, thus being made a victim of a double taxation. Rodgers pointed out that because property assess ments in many counties are but one-third or one-half actual valuations, the mort gage tax would work an Injustice by allowing owners to diminish their one half or one-third value assessment by the full face value of the mortgage, thus enabling them to escape due taxation. Purdy thought this the fault of the As sessors in not assessing full valuations, but Rodgers replied that low assessments were the policy of ninny counties and that Marion County thought of returning to It- Settlemier asserted that the mortgage tax would be paid by the borrower. In addition to Interest, and Interest rates would Jump from 6 to 8 per cent to cover the tax. Davey put in a word by saying he remembered that when the mortgage tax was repealed Representative Buxton of Washington County was carried into the House "almost In a hearse" to vote for the repeal. Northup said that titles to real estate had never been encumbered by anything so much as by the mortgage tax and that it worked great injustice. Many landowners were compelled to pay the taxes of nonresident mortgagers by a decision of the Supreme Court. The debate was overwhelmingly against Jackson, and his contention that the mil lions of dollars of mortgages held by nonresidents should be taxed did not con vince the House that his bill would reach thein. The vote then followed on Indefinite postponement, the ayes and noes being called. OSTEOPATH BILL IN DANGER Joint Committees Oppose ' Giving Them Separate Examining Board. SALEM. Or.. .Jan. 31. (Special.) Osteo paths will not be granted an Independent board of examiners, as provided for in Senator Nottingnanrs bill, if the adverse report of the joint committees of the two houses on medicine, pharmacy and den tistry, which will be submitted tomorrow, shall be sustained by the Senate. These committees held a joint session this af ternoon and gave the osteopaths a hear ing, at the conclusion of which it was decided by a -majority of members to report unfavorably Nottingham's bill. In the Senate a minority report will be returned favoring the bill by Senators M. A. Millner and Caldwell. The House committee is understood to be unani mously opposed to the bill that has been presented by Senator Nottingham, or any other measure that will provide for these practitioners an independent board of ex. aminers. Members of the committees favor giv ing the osteopaths representation on the State Medical Board, as is given the ec lectics and the homeopaths, and will rec ommend the passage of such a law. This representation will consist of one mem ber of the state examining board, as now constituted, but the bill to be rec ommended will require that osteopaths be expected to take an examination before this board on all of the subjects that are now taken by applicants for certificates as practicing physicians within the state, with the exception of materia medlca and therapeutics, in which branches the osteo. paths claim not to be versed. ' Just what disposition the Senate will make of the conflicting reports on the bill is dimcult to predict' SENATORS SLIP AT PHYSICIANS Legislation Proposed by Doc tors and Druggists May Be Killed. S0L0NS ARE UNFRIENDLY Send Bills Regulating Sale of Medi cines and Practice of Embalm ing Back to Committee Hot Fight in Prospect. SALBM. Or., Jan. 31. (Special.) That the State Senate is inclined to look with disfavor upon the laws proposed by the doctors and druggists is indicated by the action taken this morning, when three bills so proposed were referred again for amendment. One of these bills provided for the licensing of embahners and two of them to the practice of pharmacy. What the Senate particularly disapproved was the desire of the doctors and dentists to have fees turned into funds under the control of the boards of medicine or phar macy. Senators Malarkey, Coshow and Johnson led the opposition to the plans of the State Board of Health. One of the measures which came up to day on a favorable report from the com mittee on medicine and pharmacy was S. B. 109. by Caldwell, to provide for the imprisonment of violators of the phar macy law, if they do not pay their fines. The bill amends the existing law in other respects. One section of the bill provides that "every store, dispensary, pharmacy, laboratory or office for the sale, dispens ing or compounding of drugs, medicines or chemicals, or for dispensing of pre scriptions of medical practitioners, shall be in charge of a registered pharmacist." Senator Coshow pointed out that this would prevent the keepers of country stores from selling the common patent medicines, such as cough syrups and other common remedies sold by ifll coun try storekeepers. Senator Caldwell point ed out that another section of the bill provides that the act shall not apply to the manufacture or sale of proprietary or patent medicines. but since the two sections of tlte bill were in conflict, Coshow was not satisfied. Senator Malarkey objected to the provision which directs that "all pen alties collected under the provisions of this act shall inure one-half to the Board of Pharmacy and the remainder to the County Treasurer, for the use of the school fund ot the county." , Malarkey said that he Is opposed to turning funds over to boards In this man ner, but thought the money should be paid into the general fund and the fees and expenses of the Board of Pharmacy paid out of that fund, as the claims of other officers are audited and paid. Upon Malarkey's motion the bill was referred again to the committee, on . medicine and pharmacy to remedy the objectionable features of the bill. Meets a Similar Kate. Senate bill 110, also by Caldwell, came up next and met a similar fate. t requires the proprietor of any place where drugs and medicines are sold to keep a regis tered pharmacist In charge, except that in communities too small for the employ, ment of a registered pharmacist the Board eif Pharmacy may permit the sale of medicines by storekeepers. This bill also provided that half the fines collected shall be turned over to the Board of Pharmacy. Coshow renewed his objec tion in behalf of the country storekeeper, as also did Malarkey, and the bill went back to the committee on medicine and pharmacy for the removal of the obnex ious features. There is likely to be a stormy time In the Senate when Caldwell's bill comes up for consideration again. This bill pro vides that no person shall sell common medicines without a permit from the Board of Pharmacy, paying $3 a year for the privileges. Under this provision It would be necessary for a country store keeper to pay $3 a year for a permit to sell pills, cough syrups and horse medi cines. If within five miles of a registered druggist, he could not be permitted to sell medicines tinder any circumstances. This bill met opposition when it came up in the Senate. The criticism was chiefly on the. ground that it proposed to turn the fees Into the coffers of the Board of Pharmacy and exempted druggists from jury duty. The bill was referred to the committee on medicine and phar macy. . The bill requires that every proprietor of a pharmacy shall have a registered pharmacist. So far the bill has no par ticular objectionable features, but added to this is a provision that the Board of Pharmacy may in its discretion issue a $3 permit to any general dealer in the rural districts in whose store the condi tions, in their Judgment, do not justify the employment of a registered phar macist, and where the store of such gen eral dealer is not less than five miles distant from the store of a registered pharmacist. What the Bill Means. This permit would authorize the gen eral dealer named therein to sell such ordinary drugs and ordinary household remedies as the Board of Pharmacy might from time to time specify, and In such manner and form as might be specified by said board In said district, but not elsewhere, "and under such regulations and restrictions as such board may from time to time adopt." It is further provided that whenever a registered pharmacist shall establish a pharmacy within five miles, by the shortest road, from the place of busi ness of such general dealer no further license shall be granted and the license already Issued shall become void. The nature of this bill has evidently not been understood. In fact. Senator Smith, of Umatilla, chairman of the committee on medicine and pharmacy, which reported the bill favorably, said that ho had not examined the bill care fully and did not know what Its effect would be upon country store-keepers who sell prepared medicines. Regulation of Embalmers. . The embalmers' bill. S. B. 104, by Smith of Umatilla, provided that no person should embalm a dead body withcart a permit from tho 9tate Board of Medical Examiners, to be Issued after an exam ination, the applicant paying a fee of $1 a year for such permit. This fee Is to be paid to the State Board of Medical Ex aminers. The other two bills having been referred back by decisive majorities, the doctors and druggists In the Senate made no fight when it was moved that this bill be also referred again, and the bill went back for further consideration. The fight on these measures, together with the opposition to the quarantine bill yesterday, disclosed a feeling in the Sen ate that the doctors and druggists are asking too much in the way of legislation in their interests. Baby Home Asks Money. BALKH. Or.. Jan. 31, (Speclal.)-The ways and means committee this after noon received a delegation from the Pat ton Baby Home and listened to an appeal for an appropriation of $10,000 for the support of that Institution. Jefferson Myers also appeared before the commit tee and presented a claim for his ser vices in connection with the I-ewis and Clark Exposition, asking that be be re imbursed for his actual expenses. NEV BILLS IN THE HOUSE. Twenty-Three Measures Are Added. Total Now 3 4 0. SALEM. Jan. 31. (Spclal.)-Bllls were introduced in the House today as follows: H. B. 317. Pike. of Sherman Creating Twelfth Judicial District. H. B. 318, Mootfe To annex part of Grant to Baker County. H. B. 319, Bayer To amend coda as to election of directors and purchase of school supplies. H. B. 320. Gray Amending code as to For estry Warden and deputies and fixing com pensation. H. B. 321. Chase To compel sals of lands at $2.50 an acre, of Coos Bay military road grant. H. B. 322, Edwards To prohibit "treating" in saloons. H.. B. 323. Washburn To amend road law. H. B. 324. Connell Providing for dispo sition of public lands. H. B. 323. Newell To repeal poll tax. H. B. 328. Newell To repeal road poll tax. II. B. 327. Newell To prohibit rc track gambling at fair. H. B. 328. Merryman Provldinc deputy Assessor for Klamath County. H. B. 329, Perkins Making it unlawful for nurserymen to misrepresent trees sold. H. B. S30, Merryman For deputy Co lint y Clerks of Klamath. H. B. 331. Chase To protect salmon. H. B. 332. Purdy Giving conductors and trainmen pewera of deputy Sheriffs. H. B. 333. Reynolds Regulating mutual In surance companies. H. B. 334, Reynolds To - amend code as to physicians eif insane asylum. H. B. 333, Bevcridge Death penalty after year's labor in penitentiary. H. B. 338. Carter Regulating stock at large. H. B. 537, McMeycr Taxing dogs. H. H. x:S, Freeman Relative to execution of Sheriff!"' deeds. IT. B. 339. Northup To amend cods as to appointment of notaries. H. B. 3l. Vawter, Ferkina. Kubll To re imburse Nannie Barr $105. ROUTINE IN THE HOUSE. Indefinite Postponement of Several Bills Feature of Session SALEM, Or., Jan. 31. (Special.) House called to order at 10:15 o'clock by Speaker COMPROMISE BII.T- 1'OR LOCKS ratCHASB. SALEM Or., Jan. 81. (Special.) The compromise bill for free locka at "Willamette Falls will be reported fa vorably tomorrow morning by the special committee of seven members. It will provldo that the state appro priate $300,000. contingent on the National Government supplementing that sum with enough either to buy the existing locka or to build new ones. This amendment hss been ac cepted by Representative Jones, of Tolk, who introduced the original measure appropriating S400.000 for bulletin new locks. The compromise bill will probably be accepted by the house. The $300,000 will b raised in three installments In the years 1008. 1008 and lSlO by taxes- as are other revenues of the stats. Davey and session opened with prayer by Rev. Mr. Goode, of Monmouth. Courtesies of House were extended to ex State Senator B. F. Mulkey and ex-Repre sentative, R. G. Smith, of Jackson County; It. w. Montague, of Portland; ex-State Sena tor E. V. Carter, of Jackson County; Judfts I.. R. Webster, of Multnomah County; T. T. Gecr. of Pendleton. An Invitation from President J. K. tVeather ford, of the Board of Regents of the State Agricultural College, for the members ot the Legislature to visit that institution Friday. February 1. wvs aoceptcd. Resolutions were Introduced as follows: H. J. R. 10. Davey, proposing an amend ment to the constitution so aa to provide for th. election, at the general eleotlon, of a Speaker of tho House and a President ot ths Senate to serve for a term of fouc years. H. R. 34. Purdy. Instructing the committee on ways and means to report appropriations for only two state normal school. Courtesies of the House extended to Frank Menefee. of ' The Dalles; John Collier, of Wheeler County; Joseph G. Graham, of Salem. H. B. 41, Connell That persona having color of title and having paid taxes 10 years on the land, shall receive title; Indefinitely post poned. H. B. 237. McCue Enabling act for Initi ative and referendum; Indefinitely postponed. H. B. 152 Merryman Recording plats of towns; Indefinitely postponed. HOUSE BILL 104 FAILS. Committee Gives Huntley's Corrupt Practices Measure Preference. SALEM, Or.. Jan. SI. (Special.) After a skirmish, the majority report of the committer, on elections, which favorably returned Representative Huntley's cor rupt practices bills to the House this morning, was adopted. Representative Farrell returned a minority report against the bill, claiming that the measure is too voluminous and embraces too many subjects, some of which he considered en tirely technical and of such a character as would prove cumbersome to the bill if it became a law In seeking to enforce them. Representative Campbell moved the adoption of the majority report. This was amended by Farrell to substitute the minority report, but the motion as amend ed was defeated after Campbell had spoken in behalf of the Huntley bill. In sisting that It was of such Importance as to require, the) careful consideration of the House on its merits. The report of the majority was then adopted. "This is another blow at House Bill 104," announced Speaker Davey this morn ing at the conclusion of the reading of the unfavorable report by the com mittee on elections, which adversely re ported to the House Representative Cof fey's measure (H. B. 04) relating to corrupt practices. THANK CONGRESSMAN JONES Senator YVhealdon Introduces Reso lution in Name of State. SALEM. Or., Jan. 31. (Special.) Sena tor Whealdon today introduced in the Sen ate a resolution reciting the fact that the rivers and harbors committee of Congress has recommended an appropriation of $C00,0O0 for the Improvement of the Colum bia at Celilo. and $120,000 for the Improve ment of the Upper Columbia, and express ing the gratitude ot the State of Oregon to Chairman Burton, of the committee, and to Congressman Jones, of Washing ton, for valuable assistance the latter has given the state In presenting its needs before the committee. The resolution directs the Secretary ot State to wire Mr. Burton and Mr. Jones the thankB of the people of this state. The resolution was not acted upon, but went to the committee on resolutions. Osborne Pleads Not Guilty. TVill Osborne was arrainged In the. State Circuit Court yesterday forenoon on statutory- charge, to which he entered plea of not guilty. The case was set for February 16. and Osborne went to the County Jail in default of ball GIVES Bill to Permit Lumber Com panies to Use Streams. OVERRIDES PRIVATE RIGHTS Any Lands Along Bank of Creeks May Be Condemned by Corpora tion for Its Own Vse Com pany Made Common Carrier. SALEM, Or.. Jan. St. (Special.) One of the most sweeping bills of its character to make its appearance in the Slate Legislature is that of Representative Brlx, introduced yesterday and provid ing for appropriation and use ot the streams of the state by corporations or persons. The bill -declares that all streams, sloughs and waters of the state which have not sufficient water capacity of serving the uses of commerce or ot profitably floating, during any part of the year, upon natural water or freshet, logs, ties, shingle bolts or other products of the forest, shall be declared public highways. It Is provided that any corporation, foreign or domestic, engaged in the busi ness of driving, booming or transporta tion of logs or other products of the forest, on streams defined in the act as public highways, shall be deemed a pub lic service corporation and common car rier to all portions of the streams which the corporation uses or employs in the transportation of booming business. Any such corporation desiring to clean, clear, alter and otherwise improve the channel of any such stream which it desires to use or desires to operate splash dani3 for the creation of artificial floods or dams or otherwise improve the navigabil ity and lloatibility of any such stream, shall have the right to do so. and to have assessed and determined the dam ages to riparian rights and premises bor dering thereon, caused by said improve ment, and use and to condemn and ap propriate to Its own use' as a common carrier any lands, riparian rights or other private rights as may be necessary for said Improvement and use. by regular proceedings, had under the provisions of Sections 6095 to 3107, inclusive: provided, however, that only so much of any right or interest In laud or any riparian right or other right shall be condemned as may be reasonably necessary for the improve ment, use and operation of said stream and every other right or privilege ap purtenant to any land, riparian right or other right not reasonably necessary to be condemned for the improvement of said stream, shall remain in the owner of said land, riparian right or other right, securing to him reasonable access to said stream and the water thereof and every other right and privilege not inconsistent with the use of said stream as a public highway for floating purposes; provided. further, that the use of said stream shall not be exclusive in any manner, hut that the stream shall remain a public high way for the uses aforesaid But If the ditch or stream be used by any person Or corporation other than the person or corporation so Improving the stream, then such persons or corporations shall pay to the persons or corporations making the Improvements a Just toll In compensation for any such improvement from which he or they shall receive a benefit. If the parties 'cannot agree as to the tolls to be charged, then the suit to determine the same shall be deter mined in a court of equity. When dis putes arise as to the injury or damages resulting to riparian rights on account of these Improvements, then the Court of Equity Is directed to appoint a com mittee of seven viewers and the court Is to be governed in fixing the amount of damages to be received by the report of these viewers. The bill provides that the court in fix ing the compensation to be paid as toll for the use of the ditch by persons other than the corporation improving and mak ing navigable the stream, "must allow a fair reasonable profit considering all the circumstances upon the business act ually done." Another provision In the bill gives the corporation a lien as common carrier on all lumber and other products trans ported down Its stream and the same shall hold until the charge for the service has been paid. Sections 7 and S of the bill provide as follows: v Section 7. Nothing In this act shall In any way be construed as lessening or af fecting in any way the right of the general public to the use of the streams which are public highways In their natural condition and floatable In natural stages of the water or periodically recurring freshets, according to the common law as declared or Inter preted by the laws of the State of Oregon and the decisions of the Supreme Court of the State of Oregon, and where on such stream riparian rights cannot concurrently exist with the right of the public highway, the right of the public highway Is especially declared to be superior to the riparian riplit. Section S. In the operation of all splash dams hereinbefore mentioned, no artificial freshet or flood shall be raised beyond the height of ordinary periodical freshets In such streams, slough or water. Railroad construction companies which adopt plans of payment which compel employes to spend their earnings in company boarding , houses, stores and supply houses, are directly aimed at by Senator Cole's Senate bill 155. It has been the practiee of some construction companies to pay off their men with time checks which are "not transfer rable"' and not payable by the company .for 30 days. Pendleton merchants recent ly took a lot of such checks in payment for supplies sold to workmen, and had trouble in getting their money from the company. Cole's bill makes It unlawful to pay off an employe In any paper not negotiable and requires payment of em ployes Immediately upon their discharge. For the preservation of the scenic beauty of Multnomah Falls Senator SIchel has Introduced a bill which modi fies the general law upon the subject of appropriation of water so as to make an exception of Coon Creek, In which Multnomah Falls Is located. To accommodate present statutes to modern conditions. Senator Malarkey to day introduced a bill authorizing railroad companies to cut down trees that are In danger of falling across the compa ny's wires. The present law authorizes only the cutting of trees likely to fall across the track, but the same reason that permits the cutting in one case ap plies to tAe other. Senator Nottingham has renewed his fight of two years ago for the protection of young girds from designing men. He has Introduced a bill to make It a felony to entice a female under the age of 18 years away from her parents or guar dians or to Induce her to participate in unlawful cohabitation. The bill he has introduced it broad enough in Its terms to include elopers where the girl is un der the age at 18. Bills Passed by the House. SALEM. Or.. Jan. 31.-The House passed the following bills today: H. B. 14, Jackson County delegation- Creating offlre of Deputy County Recorder of Jackson at salary of $600 per annum. H. B. 77, Farrell Amending law as to adoption of children so as to enable parents to readopt their own children subsequent to a previous adoption. S. B. 14, Hodson .Allowing SherlfT of Columbia County and his asiMants actual traveling expenses incurred in the per formance ot their official duties and in creasing the salary of the Deputy Sheriff from $700 to $1000 per annum. S. B. 141, Hodwon Increasing salary of Assessor of Columbia County from SOOO io $1200 per annum, allowing a Deputy As sessor at $S0O per annum and allowing Assessor and his deputy their actual travel ing expenses. H. B. 273, Barrett Fixing salaries of County Judge of Washington at $1200 a year. H. B. 245, Chapln Causing partnerships to record parties In Interest. ONLY PROTECTS DEADBEATS Strong Sentiment for Amendment or Garnishment Law at talent. SALEM. ' Or.. Jan. 31. (Special. ) There appears to be a strong sentiment in the House for the enactment of Representa tive Burns' bill which requires public officials to answer writs of garnishment. Similar bills on this subject have been thrashed over by three preceding Legis latures, but on every occasion defeated. The subject came up in the House this morning when Burns' bill was unfavor ably reported by the judiciary commit tee. Chairman Barrett (Washington) and Representative Campbell, of the Judiciary committee, explained that in adversely reporting the bill the committee did so in the belief that Its enactment would result in endless confusion and annoy ance in the administration of the public business in any attempt to carry Into effect its provisions. Burns, Beverldge and Vawter cham pioned the bill, declaring that there should exist no reason why a public of ficial should be Immune from the opera tion of any such law, calculated only to assist in the collection of just debts from persons In the employ of sjiiool dTFtrtcts, the city, county or state who refused to liquidate their honest debts. After considerable discussion the bill, after the report of the judiciary committee had been adopted, was referred back to that committee, when an effort will be made, to adjust the measure to meet the ob jections that have been urj?ed again It. POBTUM SALOONS SID SETTLEM I KIl'S LICENSK BILL MADE INNOCVOrs. All Reference to Sunday Cloning Is Eliminated Many Measures Run Gauntlett of Committees. SALEM. Or.. Jan. Jl. (Special.) When Representative Settlemier's bill, deter mining the persons to whom liquor licenses shall not be granted, was returned to the House this morning by the judi ciary committee, it had been so amended as to exclude all mention of Sunday closing. The original bill provided that no license of the character covered In the bill should be renewed In favor of any dealer who had been convicted of con ducting his place of business on Sunday. It was feared that this provision In the bill might seriously Interfere with tlte management of these resorts in Portland and for that reason this condition was entirely eliminated from the measure. As it now stands the bill applies only to the tale of liquor to minors or allowing minors to. loiter about these resorts. Any dealer convicted of either of these specific, offences will not be permitted to again receive a liquor license. Tho report of the committee was adopted by the House. With but one slight amendment, the bill by Representative Jones, of Clacka mas, providing for extending the provi sions of the Initiative and referendum provisions of th constitution to precinct, municipal, county and district legislation was favorably reported In the House today by the committee on revision of laws. Favorable report has been made by the committee on mining in tho House on Representative Moore's bill, providing for the appointment of a state inspector of mines. If Representative Chapin's bill, which was favorably reported by the committee on commerce In the House today, is en acted, existing partnerships will be re quired to file with the County Clerk In the county In which they are engaged In business a certificate showing the real parties interested In such partnerships. In keeping with his policy of Insisting on economical legislation. Representative Purdy today introduced a- resolution in structing the committee of ways and means to report appropriations for not more than two state normal schools. The resolution was referred to the House committee on resolutions. House committee on agriculture : has amended and favorably reported Repre sentative Jackson's bill relatTTe to what shall constitute a legal woven wire fence. It is required that such a fence must be at ast 20 inches in height and that the top wire used in connection therewith must be at least four feet from tho ground. Report of the committee was agreed to. Committee on salaries of state and county officers in the House today, favor ably reported Representative Settlemier's bill, which provides for the payment of interest by the state on state certificates issued In payment of the salaries of the officers and employes of the state in stitutions. Wearing the emblem or insignia of any secret lodge or other organization, by persons other than members, is prohibited by Representative Coffey's bill, which was favorably reported by the House com mittee on health and public morals today. The bill of Representative. Barrett of Washington, calling for the repeal of the anti-scalpers law, relating to the sale of partly used railroad tickets, was favorably reported In the house this morning. The committee on Federal relations this morning favorably reported to the House Representative Fan-ell's bill (H. B. 78) providing the manner of dispos ing of accretions to tide land and tide flats connecting with the shores. After the bill had been introduced In the House. Farrell discovered a serious de fect In the measure and suggested the amendment, which gives to the owner of the land to which these accretions attach 90 days' notice ' by any Intend ing purchaser of this land. The owner shall have that length of time In which to purchase the accretions "of his land. If he does not so purchase within the time limit allowed, the lands shall be subject to purchase by any other person. AID GIVEN DISTRICT FAIRS Senate Makes Some Objection, b-? Finally Falls Into Line. t SALFJM, Or., Jan. SI. (Special.) In the face of some opposition, two bills passed the Senate this morning for appropria tions for district agricultural societies in Eastern Oregon. The opposition to them was based upon the question of policy Famous Singer Scores a Triumph Party of Musical Critics Held Spell bound During Rendition of Grand Old Song Surprise and a Treat for Visitors at Eilers. An impressive Incident occurred yes terday at Kllers Piano Hons". A group of visitors were awaiting the coming of the elevator, to convey them to the larse salesrooms on the second floor, when the sound of a most beautiful voice sud denly halted them, and a keen apprecia tion of unusual merit caused them to stand spell-hound. With an intensity of sentiment anil a beauty almost in comparable, note by note the words of the wonderful aria of "Ualila" were ren dered, holding them enraptured until tho last strain had died away. "Grand: exclaimed one: "Magnifi cent." snld another: and then imjuiry was made of the salesman ns to who was the possessor of i he splendid con tralto voice that had so charmed them. "That is Mine. Louise Homer, one of the greatest artists of the world." "1 hy, i.s she stopping here in Portland we had 'not heard of 'hot- coming. Then it dawned upon tlte salesman that there had ben a mistake, in the minds of the vieitors. Hut, it was no wonder, after all. They had merely been listen ing to the Victor's reproduction, through the means of the phonograph so real istic, so true to life, so artistic, that even these observant music lovers had been deceived. Tills little incident is merely recalled to show to what a wonderful "degree of excellence the modern phonograph has been brought. It is no longer a play thing, but has been so wonderfully per fected and improved that It appeals now to the most critical music lovers. The whole range of opera i.s now wit-hln rea it of all who possess a modern talking ma chine. The oltl sonas. tho home sonus. niartial music by tile great hands, violin, flute, harp, cornet, and many other in strumental sole tions. are reproduced so faithfully that the renditions are amazing. Kilers Fiano House now carries the largest line of talking machines, iniiud ing all the best makes. ;uid in addition Iihs the most eoniploie and most ex tensive stock of records in the West, i'hey buy in carload l-Hs. and have at all times fie newest and best pieces, as fast as. they are issued. I.nrge sales insure one gelling fresh, unse ratciied record0, which is a great advantage. Several rooms are devoted to the d.s play of talking machines and sale or records, anil a rule is mafic to pl-ty every record called for without plichig any obllaalion upon the visitor to hty. The record room is a very (peasant place to drop in for a few. moments' rest when downtown shopping, as the music may be enjoyed at tho same lime. Among the popuhir hits of the day, which are In great demand just now, are the following: "A Uemon in tho Garden of I.ove." one of the brightest anil funniest of the season. No. 1fX2. 00 cents. Another. "Is Marriage a Fail ure?" No. 1914. n:o rents), one of thn cleverest bits front the "Mayor of To kio" is most amusing. The first is by the old favorite. Rilly Murray, and the second hy Miss Trix and .Mr. Quinn a splendid combination. In the grand opera list are those by Mme. Homer, the "DelilH." which formed the basis of this little iirticle. and sev eral others also by this great artist. Several grand selections by Mme. BhM t'avaleria. one of the most celebrated sopranos of Italy, are also very much in demand at present, these including "Last Nicritt in the Deep. Prop Sea." and "Comfort Me. Oh. My Father." Caruso records continue in popular de mand. rather than of. the amount of nioWy ap propriated. One was Senate bill tfc!, by Smith of Umatilla, to increase the ap propriation Tor the Third Ihstrtrt Agri cultural Society from $!') to $2iv. The other was Bowerman's Senate bill SI. to create the Seventh District Agricultural Pociety. composed of Utllim. Sherman and Wheeler Counties, and appropriating Jli"0 therefor. Senator Booth raised a question whether the establishment of these local fair.s would not tend to weaken tho state fair. He said he was not opposed to tho ap propriation of the money provided thn maintenance of ' the local fairs would not Injure the Ftate fair. Senator Kay advocated the passage of the bill and by so doing called forth some sarcastic comments from Senator Bailey, who does not approve some of the posi tions Kay has taken In behalf of economy. The two bills passed by good majorities. Later in the day Senate bill JW. to create local societies for Grant. Baker and Malheur, and Harney Counties, came up for final consideration. The bill" ap propriates $:ioi) for tho three fairs. This bill passed without opposition. A few moments later Senator Caldwell In troduced a resolution reciting that tho state has entered upon the policy of maintaining local fairs, and directing the ways and means committee to make pro vision for a local fair in each county in the state. The resolution was not taken seriously, though Caldwell voted for the local fair measure. MORE PAY FOR LEGISLATORS Constitutional Amendment Raising It to $500 a Session Proposed. SAI.EM, Or., Jan. .11. (Special.) Rep resentative Knowles today introduced In the House a Joint resolution proposing an Increase In the compensation of mem bers of the lrgislatice assembly by con stitutional amendment. Instead of tho meagre salary of 130, or $3 per diem, now received by the members of tho two houses, the resolution provides that eacii member of the State Legislature shall receive as full compensation the sum of $100. The resolution will be re ported favorably by the committee. The resolution was referred to the) committee on resolutions, which tonight made two amendments to the resolution as It was presented to the House. The salary to be received by the members of the two houses is reduced from .'f as provided In the resolution,' to $ior. The per diem salary of $10 provided in event of an extra session whs agreed .to by the committee, as was also the allow ance as to mileage, but the additional compensation, amounting to two-fifths of their per diem as members, allowed the. presiding officers of the assembly by the resolution, was eliminated by the com mittee, which will report the resolution in its amended form tomorrow morning. One Lone Bill in Senate. SALBM. Or., Jan. HI. (Special.) Only one bill was introduced in the Senate to day, that by Bingham to rcviee the land laws of the state. After Sickness: Con valescents need strength. Out local druggist says : Take VIN0L to aid recovery. Vinol contains the needed elements to create strength quickly. That's because Vinol is a real cod liver preparation from which the useless oil has been eliminated and tonic iron added. Costs you nothing if it fails.