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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 13, 1909)
vf GOVERNOR CHAMBERLAIN'S : ' SALEM. Or.. Jan. 12. (Special.) Governor Chamberlain's biennial message to the Legislature was read In the House chamber at l:Zt o'clock this afternoon, t!.o Snate and IIuuso being In Joint session. The mcssasp; Gentlemen of ths Senate ar.d House of Section 11 of article V of th- constltti- i..- .-...,.i.a tv. . ih liovi-rnor shall from time to time rive to the l.erlshitl. ti ti f tbe Slai-. and rr. . lur.i-r.d m'tiurrs as he shall jU'I -xp'-'II- em." iqJ la pursuance this requ'.re- ment. 1 s-jt.mtl to h-l-lr as it IS possible lo do. a report aa to the e -nn-iion of the State's fin.inces an.i msmuuui.-, and make such recomm-nrtatlona as to me se-m at this time expedient. To Governor here qu-'.t-s from hie message to the Les.ature . f 11' '. In M"h he a !- the e.ee:.-n "f I nit. ! JitJtes tors li.urr.e ar.-l Ms:i-f and !.fn er.t.nu.: When tin the Senate e riecll 'ti occurr.'.i. trie i and tf." Ii "ie unanimous f Mr. Mti key. H1 !'" three li f.iv d;Mnmc vote in the H in" '," ' the S-naf with r- :' re t..- t.. Mr. Hourne. showing that lie m-inl.on if t:-' I."gi"ia ti.re rf.d-J th-.r r Igcs. ami t.iat many who took no pledge nevcrtln.i-u coeved the voice ef the people with re spect to the eK-rtloa of Sen.it .rs The ra.-t that a majority of this Legislature sub scribed to pled res promls'ng to vote Tor the people's ch-tce for Senator. supple mented t.v a l enacted b the ":. o commanding all m-mKn of the I.eirisli T.iro to v.te fir the peo:i- Choi lo. s nunr. Is a iiiftloi.rt ru.ir.inty that the e'ectton tills year w.ll be a aummarllv tli.no-e.1 ef n l: wn two f" arm th ttT.e of the L-!la-'ire 1-vnte.l to the consideration of measures of (.nolle Inter- Mat Treasury Well Ulled. The financial condition cf the Sta'e was never better than It was at 'he close of he fiscal year. 1 he reports of the Treas urer and Secretary of State slow In Jle tall the receipts snd d'bursrm-nis duilrig tlie two years ending fjft-ml.fr n''. and the balance now In tne bands of the Treasurer ..f the several rinds "f the s.af. After reviewing the r.ic.i.-'ire.- lK"n to pro--.'t the state fur.ij dum.g tl.e panic, ine TeiTernor ror.t:nue;: The balance ii..w In the hjr.de of .o Tteasurer helorKT.C to the d:rrrent funds ,.f the State Is on depo.it In Iho numerous tanks r the state. Hit In h c.e ..i Treairer hlds securities therefor ac'"d J. hl-n in. lor the 1- .o-ltorv- '! "f l" and th bond of the Tren.virer to the M... f.-r the faithful j.-rf-rmanc. if hts lt y is he'd i addition il security The dut f approMt-.K lh securities taken by tlie Treasurer 'ront tie se-r.1 er"ettones Is .-ted. not In f.. Ki'cnMve. but It. the Traeurer ai d A t tome -I : 'hti. I do noi believe that there Is any dariEor pf loss t . the State In future if the provisions T the depitorv net of T.m.7 with rt-pecl to of the State funds Is strictly ob served" Taxes Should He More Triform. It must be eanect-d In the very nature rf tlatiKS wllh the steady In rease in pop ulation an 1 the consequent lucnase In the 1 urdens and expenses of ptcnernment llinl the tax le-.y will he hl.-her. unless subjects which now es ape. taxation are brought within tho tax. nit power. I fear to rec. m menu any rcvlMon "f Hie us-sm-nt lan cf th State, but It Is unfortunate that pome avstem has not been ad -i.ted to brlnK oout a uniformity of nssetnent and tax ation In the several count! of the Stale. The constitution requires that taxes shall h- uniform arid equal, tin It Is a. '."ell known fact tuat in nio-t of the counties cf the Sta'c. pe.-sonal property and mono almost entirely fj.-ape taxation. in some counties lands are asses... ,1 nt from on third to one-half of tilt ir actual cash value, while In others they are assessed at tno t ilrds of their value, mid in none at a. tual cash value, as require,! by law. t ntll some uniformity of s-'-nsir ent Is flcUseft there must be Inequality of taxation, and so lonir as some property escapes taxation entirelv and real property Is not a-wed at cash value, the levy for county and State purposes must continue to he hlK i and taxation must In. k the constitutional requirement of eyuailty aud uniformity. School Income Nearly a Million. Irreducible School Fund. The Irreduclb'e F.-hool Kund of the State has Increased hiring the past two years from tl.e salo of land and other 'sources. "1. the principal thereof on th day of Sep tember. !!. belne .-..42'.i nun . Of wntch sum $4.".;.71X4.,'is Invested In P.r-t mort rare loans ilrawlns; six p-r cent per an num: oil 6t." i In scltuil district bonds beirlng- live and six per cent p-r annum; Sd.'.li 41o.4.'V In certirtcales of sale of school lands, bearlnic six per cent, seven per cent, and eight p- r c-nt: f.'.'.J 00 In larms pur cnased bv the State at foreclosure sales; cash In bank. Ill sMVl; t ie balance there of. J;.S.Hila7 was In tho Title Guarantee and Trust I'omp-inv's bank at the time It f illed, an I Is secured by tho obligation of the American Surety Company, drawing Interest at the rate of live per cent per annum, and due and javalile December 31. lie.'J. pftiouttli trie company has paid thereof in advance of maluilty and since the end of the fiscal year. K'lt 7?3 .m;. The Aerlcultural Colic fund prim rmtl now amounts to $liio.hTSi;. and Is all loaned except $1,100 let. and the Unlveisity fund principal is 1u4."jO.SC. and Is all loaned except SSIU..TI. The amount of Interest accruing from loans of the Irreducit-le School Fund for l'.otj and distributed anions the counties of the State w is -Ti6.ort7 as compared w ith $'J47.o-)9 111 for 1WI7. All of 111-10 tducatlonal funds are in excellent condi tion Some time In August, lunfl. Mr Frederick K Sld.ions. of the firm of Ralston sid rions, Washington. I. C. called upon me with letterj of Introduction, to take up for discussion the claim of the State of Oregon growing out cf expanse Incurred and moneys paid In raising troops fnr ser vice In the Vnited States Army during the Civil War. Former officials of the State had. In years gone by. employed Mr. John Mullan to look after thesj claims, but the result of niy discussions with Mr. Slddons was. that on the lith of November. ltNot. the Secretary of state entered into a con tract In writing with Mr. .John Mullan and the rrrn of Kalston & Slddons lot prosecute the c',airns of llie Stale uisalnst tl.e Cntted states, and 11 was uiereed lii.it whatever sum was collected shout. t be paid to the Treasurer and the compensation of the attornejs. which was lo b ten per centum on the amount recovered, was, to be audited and paid as other claims against the state, tin the ::lst nay of December. ltos I received a te'eeraiu fr.-m Ha.ston it Slddons that .he court of claims h?d. on that day. nia-le nn award In lavor of the State for $l''.no.iM, and I suppose the money will in due course be paid into the treasury. I am glad to report the matter to you. for the claim 1ms been pending a long time for adjustment and settlement. Income From forest Kescrve. ""he receipts from the forest reserves In Oregon for the yeir cn.i.ng Juno a. 11107, was as fn'lotvs: L".ue .Mountains, E. nnd W.. rw.fttsj 55; Cascade. -V and 8.. S-i.-513 V'. Kreemont. e.t'l7r;7: .'.oose Lake, 111. 61737; Heppncr, .13rt.97; Imnaha I'besnlmnusl and Wallowa. 2o.o7a :i.(; Maurr Mountain". J771 t4 Siskivou. $).: HI; Wenaha. 7.on:: 05. Total. lH'i S",s !U. Ten per cent ef tills :.mount. to wit. sllt. 10 St, was receive.! "by me frirn the Ke.i eral authorities and bv me piid to tlie Treasurer of the State October ;o. 1007. It will devolve upon the Legislature to provide for the method of expendintr this sum for the benetlt of the puluic schools and ruhlic roads of the rountlrs In which the forest reserves are situated, in -accordance with agricultural appropriation act for 1908. approved March 4. I'iu7. Five per cent of the suits or" rubllc lands . within the state for tl.e lis.-a! year ending ! June SO, llo7, amounting to S71.wl.17, an! i from the same e-.uree for the flecai year end ing June 3o lie s. amounting to Sc-o.870.4y. fiB en receive.! t.v n-e fmm ihn ec- ' retary of the Treasury ef the I'nlted P'ates and paid over by me to tre State Treasurer, to be distributed In conformity with law. Kchool Lasils Were Sold Too Cheaply. Tha reports of the State Land Board and fitmie lir.d Acent show th t ran sac T ! onjt .if the board wllh resrect to sv-hooi lncemnlty, I and other state lan-le. The price of school binds has been raieed to $.-,.00 per acre, and In some cases a sllgUtly larger price haw been obtained, while the y rlea received for In demnity lands la ls.7.1 per acre, which cov ers the rxren.e Incident to 1erfec!ii-g the selections. Letting the state about Svtoj per acre. At no time in the history of the elate baa so large a price been received, for It must not be forgotten thit the prices now being obtained are for lands which are left oer alter tha best of the princely grant which was made to the state had been dis posed of In f rrr.er yeans. It Is very great ly to be regretted that the s.'h-jl lana were not In years psst held for h cher price, for had this been d.-ne the Irreducible school fund might have been large enough to save made It unnecessary to levy a tax for the sup port of the public schools. The report of the State Innd Board with reference to desert lands shov. s the present status of each of the segregatione made un der tha provisions of the Carey ant. and contains the forms of contract, together with the rules and regulations which have from time to time been adopted by the board for the protection of the state, the Irrigation companies, and the settlers. Your attention Is particularly called to these reports, and 1 am glad to advise you that' with the ex ception of a eult now pen. ling with ref erence to the Columbia Southern Irrigating Comranv. no troub.e is tclng ex-rlenee-i in caring for or disi-slng of the puulic lands cf tha stats. There wsxe 121 veterans of tha Mexican, . . r- A wbv4vm wr In expenq quite m -o. ' -. 1. . In order to place tha asylum In a condition to care properly for and treat the Inmates along the lines of Improved methods for the cars of the Insane. The superintendent and his assistants ara to be commended for many Innovations which they have made, particularly with reference to the Installa tion of a bacteriological department and the arrangement of quarters with the limited means at their command for the treatment and separation of patients afflicted with tu-ber.-u.Veis. The record of the percentage of recoveries as d sclosed by the superintend ent's rei-ort Is quite remarkable, and It Is due to tl.e splendid attention bentowed upon these unfortunate wards of the stats. It cannot be too persistently urged upon your attention that better facilities mustbs Installed soon for protectloB against fire. Tha state has had one warning, and nothing- but prompt and vigorous action upon the part cf the ofllcera and attendants at the asylum, ably assisted by the fire department of the City of Salem, prevented the entire destruc tion of the main aeylum building, and the rosVble Ios of a number of lives. This ha;pened since the adjournment of the last L cislatnre. I'nless something is done, snd that promptly, the time will come when there will be a most terrible holocaust at the In stitution. The responsibility must rest upon .the Legislature, and not upon the Board of Trustees and the superintendent and officers of the asvlum. who have not been given the means with which to Install suitaDle safe guards against fire, although the warning has been sounded and the demand has been made lime snd time again in the past anl Is renewed now. both by the superintendent snd by me. The Institution Is now crowd el to Its limit, and moneys must be ap propriated either to build new asylum or enlarge the facilities of the present one. The fopulatlen thereof Increase In proportion as the population of the state increases, and it Is safe to predict that In 10 years the population will Increase lnO per cent. I trust that a committee of the Legis lature will carefully Investigate conditions at this Institution and report fully as to the needs thereof. Ilrflcy Regarding Criminals. Acting upon the assumption that tha pur poses to be subserved by the admlnlstratloa of criminal Justice are three-fold, namely: First th protection of society; second, the punishment of the wrongdoer, and.- third, his reformation, the penitentiary has been conducted during the last six years along lues entirely at variance with those here tofore In vogue. Stripes have been done away with: cruel and unusual punlshmenta have been abolished, and although strict dis cipline Is maintained, the prisoners are treat ed more humanely than ever before. The re sult has been good, and It has been found that where a disposition upon the part of the officials Is evinced to place some con fidence In the prisoner. It in appreciated, and to not apt to be betrayed. It has been my policy to assist wherever possible In restoring convicts to useful citi sershlp. particularly where In my opinion the three purposes of punishment have been a-talned. In this work I have had the ac tive co-operation of the superintendent, ward ens and employes of the prison, ss well as the Prisoners' Aid Society. Kev. E. W. St. I'lcrre. and Father A. A. Moore, and have ma.ie It a part of my duty to keep in touch with the Institution by visiting it on fre cinent occasions and according the Inmates lntervlewa whenever requested to do so. I'r.der the Indeterminate sentence law pa ed in lHo3. when a minimum term of sen tence has expired., snd there Is some one ready to take the prisoner, give him em ployment and report monthly upon his con duct It has been usual to parole such pris oner except In cases of repeaters." but unless there Is sn opportunity to furnish employment to the convict so as to take away from him the temptation to fall back again Into criminal ways, he Is not usually paroled at the expiration of the minimum term of sentence. In the cases of those re eaed It has been ascertained that most all of them returned to useful employment, and In only a few Instances have the paroles been revoked and the prisoner returned to serve out his unexpired term. Conditional rardons Work Well. I have also, during my term, conceived the idea of conditionally commuting or pardon ing a prisoner where the facts Involved in the conviction seemed to warrant It. reserv ing the right upon condition broken to re turn him to the penitentiary. This condi tional commutation or pardon has been sus tained bv the Supreme Court of this state, and It has been found to be a strong fac tor In restraining the released prisoner from the commission of a crime. The administration of Justice Is une-en. To llluetrate: There are ten Judicial districts In the state. A man may be convicted In or.e of simple felony, and sentenced to a long term In the penitentiary: while In sn-o-htr where the crime committed Is the same' and under almost Identical circum stances, the prisoner may be given a very short term. It seems to me that It Is a part of the duty of the executive branch of tiie government to equalize, where 'condl t'ons warrant, this apparent inequality in C-e sdmln!trat!on of Justice. It may be that I have exercised too frequently the power of the executive In behalf of prisoners, and that aa occasional mistake has been made, but tn the aggregate the results accom plished have been most benetlclal. for the public has been relieved of the support of the convict, he hss been restored to useful clt'zeehip and In many cases he has re turned to tha support of a dependent family, who. during his Incarceration, were the ob jects of charity. Put Convicts on the Roads. The efforts In most states have been d'rected to making the prisoner earn, dur-ir.- his term of Imprisonment, his cost to the state, but that effort. It seems to me. lias been In the wrong direction. Experi ence has proven to me that men are now confined In prison who have wives and little children supported by public charity, whilo tho prisoners are barely earning for the state their dally bread. A poor return. Indeed. Is this mere pittance for the suffer ing of the fiimily and their burden to the community! Some system ought to be adopted and crystallized Into a statute which would leave the prisoner to bo sup ported by the state, but compel his earn ings to be paid to his wife and family. If a general policy of road construction with convict Jabor Is to be adopted, the earn ings of the prisoner should go to the sup port of those dependent upon his labor. It there are such persons; otherwise, to tho Sine to be kept until the release of the individual, so that he may not be turned out penniless to return to a criminal career. In a word. It Is cheaper for the taxpayer to maintain . -o e- - ceratlon and give to those dependent upon him. or reserve for him aa a capital to begin life with anew upon his discharge, his earnings during Imprlsonment- I call attention to the report of the super intendent for detailed Information as to the prison, and take ocaslon to commend him and the officers and employes thereof for the excellent discipline that has been main tained, the hygienic condition of the prison, and the generally Improved methods which have been sucessfully carried out and which have been Instrumental in placing the Oregon State Penitentiary In tha fore front of the model penal Institutions of ths country. Cut Out Sheriffs' Traveling. A great saving can bs effected In tha matter of bringing prisoners to the peni tentiary if the same system Is adopted with reference to that Institution as was here tofore adopted with respect to patients for the ssylum. Convicts should be conveyed to the penitentiary by ifficiala of that In stitution, without other cost than their actual expenses. The cost for this service to the stats un der the present system for the two years ending September 30. 1906. was $13,573.45 for T9 prisoners, an average cost of 135.91 nr tepita. For tho two years ending Sep tember 30. 1H03. It was 17.729.74 for 482 prisoners, an average cost of iris.37 per capita. The cost of -on-eylne SI 4 lnsnne patients from July 1. 1903. to July 1. 1!0. was $Jtl6S.i2, an average cost of f 18.05 per capita, i'or tha two years ending. Septem.- Civil, inatan ira tha home on the 3"th day of September. 1908. By vl-tue of a rule which was adopted be f .re my Incumbency, those drawing a pen sion in excess cf 112.00 per month were not admitted to the home, but on the -.tn day of February. lf-'l. this limit was changed to S"o.o0 per month, for tha rea son that there were many old aoldlera who could not live on their pension, and wbo were yet deprived of the privileges of a home. As aim as the change In this limit was made, the commandant reports that tne membership Increased to Its present numr L The home la In excellent condition, and the relations between the old aoidlera and the commandant, officers ar.d employes Is most cord-.al. The ranks of the old veterans are gradually thinning, and those who. by rea son of wounds. Ill-health and misfortune are unable to earn a support, are entitled to the tenderest consideration of both the state and Natlon- The report of tha superintendent deals at Vngth with present conditions and needs of tl is institution, and I Invite your parllcu ar attent.on thereto. It will be necessary, as Is suggested by the suirlntendent, to ... - u.,.k:. M,m nt moneV PROPOSED LEGISLATION RECOMMENDED BY GOVERNOR CHAMBERLAIN Strict observance of tho direct primary pledge In the election of a United States Senator. Uniformity of county taxation to make the state levy equitable. Use of convicts on roads, earnings to go to their famines' support or to the state. Conveyance of convicts to the Penitentiary by officials of that Institution. More money for State Fair premiums; more money for Improvements on the grounds. Repeal of J50.000 Insurance company deposit law and creation of an insurance department. Permanent settlement of the normal school problem. Payment to Indian war veterans for horses used or lost In the campaigns. No repeal of the Railroad Commission law. Earnest consideration of the needs for expansion of the state's National Guard. , Appointment bf a commission on the conservation of state resources, with a small appropriation, for it. Protection of tho Ashing Industry instead, of protection of the individuals engaged in it. A complete code of water laws. Reservation of the unappropriated water powers for the benefit of the public. An employers liability act to protect employes to the fullest. Restriction of sale of deadly weapons. Bull by the state to settle the controversy with ths owners of the canal and locks at -Willamette Falls. Creation of a non-partisan Jud lclary. , Greater protection for bank depositors; perhaps by the Oklahoma law. , Relief for the Supreme Court. Co-operation with the Reclamation Service by establishment of experiment stations. Ownership of the Oregon City canal and locks by the state. If Congress will not purchase them. Appointment of a vlsitorlal board to guard against scandals In private asylums. Co-operation with the Oregon Historical Society' to celebrate Oregon's admission as a state. Legislation looking to the control of tuberculosis. Legislation to make ths proportional representation measure adopted by the people last June. i. bcr SO. 19CS. It was $14,911.12 for 8 ,2 Insane, an average cost of 16.fl pir capita. It will thus be soen that a saving of more than f.0 per cent may be made to tne state, and the prisoners transported In cus tody of men trained In the work. The report of the superintendent of the Institute for the Feeble-Minded shows that the Institution has Just been completed and is being organized for the purpose of I s creation. Tour attention Is directed to this report for Information as to what has been done during the few weeks that the Institu tion has been open for tho reception of the ..Ki..minH...i nd for the recommendations made as to future needs. There is no question dui in m tlon will be a factor fr great good. The reports of the superintendent of the Oregon Institute for the 1 llnd. for Deaf- j . i. i) shnnl ere before aiUlCS, IllU l.m you for consideration. Those are so replete with information mat i --- - necessary to do more than call your atten tion thereto and to the recommendations of ths several superintendents Institutions Well Managed. The Institutions are well managed, and keep abreast with those of their kind In other states of the Union. The annual fair held under the auspices of tho State Board of Agrlculturo has grown to be one of the most important factors In industrial, agricultural, and hor ticultural development. Tho last showed an Increase In receipts over any one previously held of about 25 per cent, as shown by the following: Receipta for 1902 T19.240.6 Iteceipts for 1!H)3 2a.3io.o Receipts for li4 22.444.02 Iteceipts for 1900 23.10S.1 Receipts for 3907 - 36,S5..5 Kecelpts for 1903 45,114.47 It may be safely claimed that no one factor has played a more important part in stimulating the livestock Interest, in im proving methods ln agriculture and In hor ticulture, and Jn attracting tne attention of the people of other states to the possibility of our soli and climate. Because of the Inadequacy of buildings and acommoda tiuns for exhibitors and others, the board waa compelled last year to Incur an in debtedness of 249.40, -as follows: Addition to grandstand, 80x200 foet . $3975.30 Race department stables. 42x1220 feet 1250.00 Creamery annex " P'!!0 Grandstand extras Ho'iO Horse barn and creamery extraa. . . . 4S.2U These Improvements were of a permanent nature and were necessury to meet the put llc demands, and I recommend that an amount sufficient to meet their payment be appropriated. . The amount appropriated annually for the fiayment of premiums Is too small, and It ins been exceeded each year as the fair has grown fn usefulness and Importance, and it Is because a part of the general fund has been used for premiums that the above indebtedness had to be incurred. The ap propriation for premiums ought to be In creased to meet the growing demands of the people for a first-class agricultural fair. Many improvements of a permanent nature are neeaeu. anu i cbihoso , . committee be appointed by the Legislature .u- -,.a. Minfw with the I oftlrera of the board and report on Just what Is necessary to bs done. Xcw Water Supply Needed. As the population of the state Increases, thnt of the charitable, penal, and reforma tory Institutions Increases In tho same pro portion The question of a more ample and purer water supply la becoming a vital one, and particularly with reference to the In sane asylum. The health of the unfortunates confined In this Institution must suffer uti les! something is done In the very near fu ture to relieve the conditions aa to water, for an enidemlc of tvphold fever and other diseases 'alwavs Is Imminent under present conditions.- The citizens of Salem have al ready appointed committees to Investigate the possibility of securing an ample water supply from one or the other of the moun tain streams to the east of the city, and to secure estimates of probable cost of con struction of a pipe line and a distributive system. This line must of necessity come within easy reach of the state institutions, and I deem it advisable to susgest that a committee of the Legislature be appointed to confer with a committee of the citizens of Salem to ascertain If It might not be feasible for the city and state to co-operate in the construction of a waterworks system upon some basis that might be equitable and Just to all concerned. This, In my opinion, will be much mora economical than for the state to proceed Independently In the matter. " Insurance Department Urged. The growth of the state, and" the devel opment of Its business Institutions has been so rapid, that It seems to me the time has arrived for making some change In the In surance laws for the better protection of the people. The law which requires the deposit of 150.000 with tho State Treasurer Is a condition upon which foreign Insurance companies may do business In the state, re sults: First, In keeping many strong com panies out of the state, and, second, in driv ing business men to Insure with companies outside of the state, because those here have not the facilities for carrying the amount of Insurance necessary for fun protection. If security Is to be demanded from a com. pany as a condition tc Its doing business In the state, a surety company's bond ought to be sufficient to protect the holders ot policies and those doing business with Buch company. The suggestion Is often made that a repeal of the deposit law will result In Inviting Irresponsible underwriters to tne state, but this can be guarded against by establishing nn Insurance Department and the appointment of a capable Insurance Commissioner as la done In other states. Such a department ought to be created now. and ought to be entirely divorced from the o'flce of the Secretary of ftate. It is Im possible for this latter officer, with the numerous duties which the law devolves upon him to give that attention to the Insurance business of the state which Its Importance requires. The Insurance Depart ment should bo presided over by an experi enced Insurance Commissioner. With such a department and such a commissioner, vested with ample authority, there would be no danirer to our people 'on account of the admission to the state of Irresponsible com panies I trust that this matter will be taken up seriously by the Legislature and given that careful consideration which lis Importance demands. Among Schools of tbe State. The Agricultural College and the State Tnlverslty are In excellent condition, and tho enrollment at both of these institutions Is larger than ever before. The policy has been to raise the standard of both each year, bringing them on a par with the higher ed ucational Institutions of the country. Like all of the state Institutions, with ths In crease of population In the state, tne enroll ment of the schools will he greater, de manding each year larger appropriations to meet actual needs. I hope that committee, of the Legislature will vlstt botn the Uni versity and the Agricultural College and acquaint themselves with the present needs of both Institutions. .... ... Under an act of the last Legislature the Normal Schools of the state were placed under one Board of Regents and their re port has been filed with the Governor. It will be found that there is a greater uni formity In ths course of studv. and a better system la vogue in these schools, under one - MESSAGE Board of Regents, tlian was possible under a board for the control of each. There is no question but that there Is a necessity for training schools for teachers for the public schools of the state, and If these training schools are to he maintained they ought to he placed on the basis of the highest effi ciency. A majority of the Board of Regents has recommended tho continuance of the Normnl schools at Monmouth. Ashland and Weston, and have called attention to their needs. If they are to be continued. The ap propriations suggested are large, but they are no larger than will be necessary to thoroughly equip and maintain the schools so as to attain the best results. It Is folly to undertake to educate and train teachers for the public schools by any starvation policy. In order to have a good public school system It Is necessary to have well trained teachers, and they cannot be ob tained except from properly equipped Nor mal schools. Settle the Jformol Problem. I trust tha Legislature will once and for all settle the Norma school question, and probably the best way to do It Is to act upon the recommendation of the regents and make provision for maintaining three schools In the state. For more than half a century the state has neglected to pay a Just debt due from it to those who risked their lives and gave their propertv for the protection of the homes of the" early settlers, of this state. There is no question but that the different Indian tribes of Oregon nnd Washington in 1S35 and prior thereto, entered Into an al liance to prevent any further settlonnent of the white man In the Northwest. The Gov ernor of Oregon Territory called for volun teers to suppress hostilities, and those who responded to the call furnished their own arms, horses and equipment. The Legis lature of the Territory, of 1856. agreed to pay the volunteers while engaged In these Indian wars at the rato of J2 per day for their services, 2 per day for the use of their horses, and further pay for horses lost, killed or disabled while In service. Claims of the survivors of these wars have been paid within the past few years so far as personal services were concerned, but the state has neglected to compensate them for the use of their horses or for those which were disabled, or lost. If the obli gation for personal service was a Just one, the latter Is equally as binding upon the state, and the survlvorB of these early In dian wars ought to be paid by the state the moneys which are Justly due them. It Is not a question of charity, it Is a debt of honor, which the state cannot afford to repudiate. . Governor Chamberlain reviews the worst of the State Railroad Commission as con tained in Its annual report and says: The Railroad Commission has been In ex istence scarcely two years, but the work It has done has already vindicated the Judg ment of those who advocated Its creation with ample powers and the Legislature which passed It. No one who has tho best Interest of the state at heart will for a moment listen to a suggestion for the repeal of the present law. The commission has moved with caution and with extreme con servatism, but It has accomplished splendid results, and Its members are to be com mended. " L , The work of the Oregon Library Commis sion as shown In Its annual report Is also appreciatively reviewed and its work com mended. National Guard Highly KfTiclent. TheOregon National Guard was never In a higher state of efficiency than at this time, and your attention Is called to tne report of the AdJutant-GeneraJ for Infor mation as to Its present condition. Larger support Is given each year by Congress to the states for assisting in the equipment, maintaining and Instruction of the National Guard, because it Is better understood now than ever before that In time of war It Is to a well-trained militia that we must look for protection. In the very nature of things the standing army Is small, but it serves the purpose of protection in times of peace and is a splendid factor for instruc tion whenever It becomes necessary to call the militia Into service. The personnel of the National Guard of this state Is of the best, composed as It Is of the flower of our youth from every walk of life, and I be speak for Its needs, as suggested by the Adjutant-General, your deliberate consid eration. Governor Chamberlain reviews the move ment started by President Roosevelt for the conservation of the Nation's natural re sources and his own appointment of a state commisislon to prepare a report on the na tural resources of Oregon. On this subject be says: As a means to the end of co operation between the Federal and state authorities for the purpose of bringing about. If possible, the enactment of a uni form code, as well as for the purpose or collecting definite Information as to the re sources of the state, whether of forest, of mineral, of water, or of other related sub jects, the commission ought to be created by act of ths Legislature and a . limited appropriation made to defray the expense of the work necessary to be done to ac complish the purpose of Its creation. Con stant applications are made for some au thoritative publication as to tha state and its resources, and I know of no better body of men to prepare for distribution informa tion as to the resources of the state. Problem In Oregon Fisheries. Two bills were proposed by Initiative peti tion at tbe last election regulating Ashing on the Columbia River and its tributaries, and both were duly enacted. One was en titled "A bill to propose by Initiative peti tion a law to protect salmon and sturgeon In tbe waters of the Columbia River and Its tributaries, and in the Sandy River within the boundaries of the state or Ore gon, and In all waters over which the state of Oregon has Jurisdiction, and prescribing a penalty for a violation of tho law." And the other. "A bill to propose by Inltlatlvo petition a law for the protection of salmon and sturgeon in the waters of the Colum bia and Sandy Rivers and their tributaries, and prescribing a penalty for a violation of the law." The tirst measure radically changed ex isting laws as to fishing at the mouth of the Columbia River, and the second put an end to all fishing except with hook anil line commonly called angling, in tne Columbia River or any of Its tributaries, at any place up stream or easterly hvm its i-onrluence with the Sandy River, as well as in the latter river and its tributaries. Conflict With Washington Results. The effect of these laws, aside from the fact that they are measurably conflicting and operate to radically change the pre-existing laws regulating fishing on the Co lumbia and its tributaries. Is to bring the authorities In this state In conflict with those of the State of Washington with ref erence to the question of Jurisdiction of the two states over the waters of the Colum bia, The first act became operative from and after September 10. 1908, and at a time when, under the laws of the State of Wash ington, it was lawful to fish within the ter ritory whets tho Oregon law mads it un lawful and with devices prohibited by that law, if the contention of the Oregon authori ties was correct that the Jurisdiction of this state extended over the Columbia River to the Washington shore. The authorities of the listter state contended that tho Jurisdic tion of the Oregon authorities extended only to the thread of ths stream, and that be 1 " IS READ tween the thread of the stream and the Washington shore line the Oregon laws were of no force or effect. This conflict of opin ion, when tha Oregon authorities attempted to enforce the provision of the laws be tween the thread of the Columbia River and the Washington shore In a season which was open under the laws of the latter state, and against fishermen who were duly li censed under the laws thereof, was about to lead to riot, when the Governors and other officials of the two states met in con ference to devise If possible, some means of averting bloodshed, which seemed lnev!L tab'.e. No adjustment could be arrived at because of opposing views as to the question of Jurisdiction, and thereupon the State of Washington Instituted a suit against the Master Fish Warden of Oregon and his deputies and enjoined them from interfer ing with or molesting those who were fishing on the Columbia River on the part there 'of over which that state claimed JurlsHic tlon. until the question of Jurisdiction could be finally determined. The Injunction was finally mado general, and the case is now pending before the United States District Court for Oregon, and It is hoped that an early decision may soon be reached. In the meantime' the two states ought to be able, through committees appointed by their respective Legislatures for conference, to frame and pass laws which will be uni form, nnd have for their aim and purpose the protection of one of the greatest Industries of tho Northwest rather than the " protection of the Individuals who may happen to be engaged therein. I call vour attention-to the report of H. C. McAllister, the Mae-ter Fish Warden, which is replete with information and con tains recommendations whlh he deems necessary for the protection of the fisheries industry. Full Water Code Needed. A carefully prepared code of water laws was submitted to the last Legislature for enactment, but was defeated. The need for such legislation was apparent then: it Is more apparent now, and as time slips by and more land Is broucht under Irriga tion, the difficulties growing out of con flicting claims to the use of water become more difficult of adjustment. A subcommit tee of the State Conservation Commission has been appointed to prepare a bill on the subject, to be submitted to the Legislature. They have had the matter under careful consideration and have listened to discus sions by experts on the subject, and there is no doubt but that a bill will be report ed to meet the necessities In this state. It ought to receive the careful consideration of the Legislature. The experience of other states has proven that In order to be ef fective, legislation upon the subject should cover: Some of tlie Proposed Clauses. 1. Complete (Federal where that Is pos sible, or) state control of diversions from streams. No water r.ght In future should become vested except by appropriation un der the laws, rules and regulations pre scribed by the state, and the diversion of water without rtgr-t from a public stream. Including all knowingly wrongful Interfer ence with the rights of others, to the In Jury of another, should be made a misde meanor. 2. A system whereby the priority and limi tations of every existing right to the use of water can eventually be ascertained. 3. Provisions for a reliable record in some central office of ail rights to the use ot water as determined, and of new rights as Initialed. 4. That actual measurements of ditches and streams be made as a basis for the ad judication of existing rights and for the Initiation of new rights. 5. To provide a definite procedure whereby rights to the use of water can be acquired. d. That beneficial use be mado the basis, the measure, and the limit of all rights to the use of water, and that water for Irri gation purposes should be mad appurtenant to the land Irrigated. 7. All rights to the use of water for power development should be limited to some specified time, subject to renewal un der certain restrictions. 8. An efficient administrative system, with proper officers, for the distribution of the water supply among those entitled to its use. U. An adequate system of fees payable to the state by those benefited, so that event ually the system shall become self-supporting. Public Benefit From Water Power. The unappropriated water powers of the state ought to be reserved for the use of the public Many of the most valuable water powers have been appropriated by cor porations and individuals, not for present, and sometimes not even for future use. but for the purposes of speculation. There Is some evidence that a deliberate iiurpose has been formed by persons of other states who understand and know the future uses to which these rowers may be put, to ac quire, under laws now In force, the unap propriated powers of mountain and other streams. Some steps ought to b taken to prevent this. , All rights to the use of water for power development should be limited to some specified time, subject to renewal tin der certain restrictions, ar.d compensation should be charged by the state for the use thereof. If powers acquired for a limited and specified time are not put to beneficial use within that time, there should be a for feiture thereof. The time will come when the water powers of this state, which are at present unappropriated, will become very valuable, and if they are held by the state a revenue may be derived therefrom that will go far toward the reduction of taxa- tln" Make the Kmployer Liable. As act was rassed by the Legislature of 1908 known as thei "Fellow Servant Law." It was made applicable to railway employes only, and has been most beneficial In Its re sults'. The purposes of the act should be ex tended to all employers for the protec tion of all employes. In theory It may ap pear all right to say that there are certain open and visible risks which the em ploye ought to assume when he enters the employ of one engaged In a hazardous enter prise. Rut the necessities of the man seek ing employment frequently compel him to take whatever offers to enable him to earn his dally bread. The employer has It in his power to furnish a safe place to work, and suitable and safe appliances and ma chinery to work with, leaving nothing to be assumed by the employe but the results of his own carelessness. He should use every device, care and precaution practicable for the protection of life and limb, limited only by the necessity for preserving the effi ciency of the structure, machine, or other apparatus or device, and without regard to the additional cost of suitable material or safety appliances and devices. If the busi ness will not Justify this precaution and ex penditure. It were better that the business be not entered upon or that It be abandoned, rather than that human life and limb be made to pay the penalty. Some Legal Aspects. In actions for Injuries suffered by an em clove, the negligence of a follow eo-vant should not be a defense where the injury was caused or contributed to by any of the fol- . - -- - . . TO LEGISLATURE - . . .-. i fvrtot. sno (too to assist the United Stat i i .... ri.ft In the structure, materials, works, plant, or machinery ol which the employer or his agent could have had knowledge by the exercise of ordinary care: the neglect of any person engaged as superintendent, manager, foreman, or other person In charge or control of the works, plant, machinery, or appliances; the Incom petence or negligence of any person in charge of or directing , the particular work In which the employe was engaged at the time of the injury or death; the Incompe tence or negligence of any person to whose orders the employe was bound to conform and did conform, and by reason of his hav ing conformed thereto, the Injury or death resulted; the act of any fellow servant done in obedience to the rules.. Instructions or or ders given by the employer or any other person who has authority to direct the do ing of said act. Nor should contributory negligence of the person injured be a de fense, but only to be considered by the Jury In determining the amount of damsses to "which a party might be entitled. In my message to the Legislature In I!'o I recommended for the consideration of that body a general employers' liability law, but the recommendation wjs Ignored, and I trust the matter will receive your earnest consid eration. The enactment of such a law will do more than all else combined to protect life and limb and It Is particularly needed now when the state la entering upon an era of great development. Bar Sale of Pistols. Many of the fatal accidents caused by the promiscuous salo and careless use of "re arms and much crime can be avoidtd By a law that will restrict the sale and use of guns, pistols and similar deadly weapons The constitutional provision which gives to every man tlie right to carry arms for h.s own defense would not be abridged by the enactment of a law placing somes restric tions upon the sale and use of deadly weap ons. It ought to be made a misdemeanor to sell weapons except upon a permit to be Issued by the Sheriff, or some one upon whom might be devolved the duty of examining each applicant as to charncter and ntness. and the right to purchase should be de nied to the drunkard, the minor and the ir responsible person. Neither should guns or rifles be sold to persons except 'hose who hold hunting permits for the current ai. If a law embodying provisions almig the line of these suggestions were enacted. I am i sure It would result In avoiding many accidents and be a great protection to human lIe- Tho Covernor reviews the lltlgnt ion wh kh resulted In a victory for the state In i the suit against the Portland c''n'-r:1',;ctr,r;t Comrany to colier 10 por centum of the net profits arising from tolls col eeted on the canal and locks at Willamette lalls. la ClT:am'gl,idyt'o take tills occasion to com mend the ability with which this case has been handled by the Attorney-General, the District Attorney, and Hon. W. I. who assisted in the trial In the i.Pf Court. -The Just claim of the Jl" been already too long delayed and an ear ty determination of the matter Is a consum mation most devoutly to bo v-lshed tor. Nonpartisan Judges Needed. In some of the states, steps are being taken to secure the election of a non-partisan Judiciary. This state ought not to be behind others in this Important 5""':; movement. Each cf the s-.veral parties might nominate candidates at the primary elections, and when the nominations are made the names of the candidates nomi nated could be arranged on the ha lot for the general election In alphabetical order without disclosing the party to which ituy belong. This would require the voter to exercise the power of selection, and I am sure the result would be more satisfactory and eliminate politics entirely from the Judicial department of tae government. Protect the Buna. Depositors. The question of enattlns a law for the protection of the depositors In state banks has been generally discussed since the panic of one year ago. and numerous bills will doubtless be up for consideration. I am sure that of those presented one can be selected which will acomplish the purposes proposed and not be unjust to those en gaged in the banking business by the Im position of restrictions so severe, and a tax so burdensome as to seriously Interfere with the conduct of the banking business. Okla homa has a law on the subject which Is said to give general satisfaction, and has been Instrumental In attracting a large volume of morey from other states. 1 he effect of such a law will be salutary, and will lead to conservatism rather than to recklessness In the conduct of the banking business, and at the same time protect the depositor and mitigate tho evils of the oca siunal panic. Add to Supreme Court Justices. The Supreme Court, as at present consti tuted, was organized 20 years ago. Since that time tho population of the state has more than doubled, and the business ot the court Is more than four times as great as It was when it was organized. Temporary re lief wns granted at the last session of the Legislature by the creation of a commission, and that commission will soon expire by limitation unless the law providing there for Is re-enacted by the present Legislature There are two ways to relieve the court of the work which It Is Impossible for three Justices to perform: First, by the addi tion of new Justices; second, by the crea tion of a commission ,..., The best way. because it is the direct and honest wav to do. Is to provide by law for the addition of nt least two new Jus tices. Can this bo done? The Governor then dlscurses legal phases of the plan and holds that the Legislature has power to Increase the number of Justices, so long as the number does not exceed seven. In conclusion he says: it has been suggested that since a pro posed amendment, having for Us purpose, among other tilings, the Increase of the number of Justices, was voted down at the last election, further action in that direc tion would be ill-advised. This objection, however. Is without foundation, for tho reason that it is difficult to ascertain the cause of Its defeat. It provided for other changes, principal among which was in cluded a probable change In the entire Judicial stem. Including the circuit and county Judiciary, which change met with strong opposition throughout tne state, .sm other feature which aroused strong opposi tion among the electors who favor direct legislation was that the amendment pro posed to give the Legislature the exclusive power to Increase or decrease the member ship of the Supreme Court at Its will, de priving tho people of any right In this re spect through the Initiative and referen dum system of lam-making In the state. No active and nfflrmative efTort was mado to secure Its adoption, while the combined opposition made its adoption with these va rious "riders" impossible. It is also prob able that it was assumed that the Legis lature, or the people through the Initiative, could increase the Supreme Court to meet the greatly Increased demands before It. without a constitutional amendment for tlie purpose, and. rather than accept all the proposed changes, preferred to leave this matter to another effort In that direction, either through the Legislature or by direct vote on the subject. If you differ from me In reference to your power to provide for additional Justices, then the law under which tho present tem porary commission Is acting ought to be re enacted for another term. The refusal to grant tho Supreme Court relief. In one or the other of the two ways suggested. Is a vir tual denial of Justice to all who are un fortunate enough to be Involved In litiga tion. I submit this whole matter to you for your very careful consideration. Helo the Reclamation Service. Some time ago the citizens of Umatilla County undertook to have the reclamation branch of the Interior Department establish an experiment and demonstration farm at some point on the Umatilla irrigation proj ect and filially. after the matter was again taken up by President W. J. Kerr, of tho Oregon Agricultural Station, the Secre tary of the Interior, following out the sug gestion of President Kerr for co-operation, egreed upon this plan. On the 21st day of November, 10o8. the Secretary .wrote Presi dent Kerr that' he had authorized the use of $MC0 of the reclamation fund for pro viding permanent Improvements and equip ment for a demonstration farm on the proj-e-t mentioned, and had directed that the preparation of the farm be undertaken and carried to completion as soon as possible. This action, however, he announced, was tak en bv him with the understanding that an earnest effort would be made to secure au thority and funds from the Legislature to maintain and operate this demonstration farm In the interest of settlers. The importance of this work will be bet ter appreciated when It Is remembered that there are thousands of homes being estab lished on irrigated lands by settlers who ttnow nothing of Irrigation or the possibili ties of the land upon which water has been placed. Moot of the lands embraced within the several Irrigation projects, whether un der Federal, or private construction, are of the same character and governed by the same conditions, and experimental farming on the Umatilla project will serve as an object lesson for other districts. I submit the matter for your considera tion, and trust tho Legislature will not let this opportunity pass for co-operative work with the Federal reclamation service. The Legislature at Its last session appro priated 300.000 to assist the United States . V... V nthArV SO. a in acquiring, o; v";.."-- . canal and locks at the falls of the W lllam ette. It was provided, however, that within three years the United States was to appro priate a like sum. and upon failure so to do the appropriation mode by the state was to be and become a part of the general fund. In other words the purpose of the act was to fail. As yet Congress has done noth ing. The present canal and locks are owned by a private corporation, vested by law with the power of levying a tax of not to exceed 60 cents -a ton upon every pound o. freight In either direction, nnd 10 cents for each passenger carried, passing through the '"This rate, fixed by law, establishes as well the rail, aa the water rate, and Imposes an enormous burden upon the producers snd consumers of the whole Willamette Valley directly and Indirectly largely upon thoee of the whole state. Whether the I nlted States complies with the act or not (anl the pros pects for compliance aro not flattering), the Legislature -should continue It In forte an.i a fund ought to be accumulated sufficient to enable the slate to proceed Independently if neccssarv. The canal and locks ought to be owned "and operated free of charge by the United States, but If Congress declines to act, they should be owned and operated by the state, and this unjust burden "moved from the enterprise and Industry of the peo ple. . . , Vlsitorlal Board for Private asj ium.. There are a number of private Institutions in this state for the recertlon, care and treatment of 'he insane. Many persons of all ages, sexes and conditions are now con fined therein, and the number Is Increasing each year in proportion to the "crease In the state's population. They should be com pelled to submit, by proper enactment, to visitation and investigation by some publli visitorlal board, and required to report at regular Intervals to such ,board as fully and as completely as do the institutions un der state control. I do not mean to charge that there are any Irregularities or crue , ties practiced In any of these rrlyate 1( It Is to guard against such things that th s suggestion is made, for under present condl tlona It Is possible to confine a patient in one of these establishments and to Keer him there f..r all time, or as long as some Interested party may be willing to PnJ11'' so sure as legislation along theso linos is not enacted, there will come a time when the state will be scandalized by brutality and of crimes romm tted the recesses of some one or other of these private institutions. Anniversary of Oregon's Admission. Oregon was admitted to tho Union on the ,4th day of February. 1S50. The Oregon Historical Society has for some time been making arrang-mei.ls Mr suit a bly -bratlng the 60th anniversary of this lnilr tant event, nnd as tl.e day occurs on Sun day this -oar. tmi day before will Probably beVlooted for the proper ""-l preliminary arrangements have doubtless been made, but It is proper that the S, ato be represented In whatever Is done, i and to that end I r.-cotmnond that a commit " 'rem th. Senate nnd House be M-polnl to co-operate with the Oregon ',ora' Society in making the o. ciisio.i a n ote worthy one. and that an "l'0"'0"' ,! made sufficient to defray the expenses Incl d' ManyUrsta'tes have enacted laws making February .12 a legal holiday In honor of the birthday of the immortal Ablian Lincoln. . .rago.. o. ght not to be t ho la slato to do hoiiot to "one of tho f' w m mortal names that were not born t i die I suggest that the day be added to tho list of those now observed ns legal holidays. ( necking of Tuberculosis. The world Is coming to understand that while tuberculosis Is one of tl.o Krca est scourges or tlie human race, yet that It is a preventablo diseas... and. In a large pei cen.age of cases, curable if taken in .time and properly treated The ? manv of the states have passed laws, hav Ing for their object the prevention of the spread of the disease, and appropr la.l ,h money to establish sanatoria where It can be properly treated. Oregon lma done not ing and measures rught to be p.itsed at this session having lor their object ire com prehensive and eltectivc troalm-nt. preven tion, and control of the disease. At the last general election, section 1(1 of article 2 of the Constitution was amended so as to rend as follows: Section 11. In all t lections authorlr.ed bv tbls Constitution until otherwise pro vided by law, the person or person, receiv ing the blithest number of votes shall be de clared elected, but provision may be made by !'iw for elections by e.fual proportional representation of all the voters for every office which is filled by the election of two or more persons whose official fluUi". rights .and powers nr) equal and concur rent Every qualified elector resident in his 'precinct and registered as may b required by law. may vote for one person under "ho title Mr each oKleo. Provision may be mado by law for tho voter's direct "r indirect expression of bis first, second or additional choices among t.ie rami -dates Mr any office. For an office which Is filled by tho election of one person it may he reuuircd by law that the person elected shaU be the final choice of a majority of the electors voting for candidates for thai office These principles may be app.led by law to nominations by political parties and organizations." To Make Amendment I.egwi. I call your attention to this Constitutional amendment because legislation Is necessary. f my oplulon. to make tho same effective In so far as proportional representation Is con- Ceinedconcluslon. gentlemen, permit me to express the hope that you may approach the duties Incumbent on you in a spirit of compromise and patriotism. All legisla tion is the result of compromise, because men are so constituted by nature as to dif fer sometimes essentially on questions th.. vitally affect the public welfaro. Upon on., thing we are all agr i.-d wo love this mngnl commonwealth and it? institutions, and however much we may differ on non essential?, we are agre-d that we sr.ly want to' do those things which will he productive of the greatest good tor the greatest num- bei promise you that 1 will, with the help of Him who doeth all things well, assist you as best 1 can In the discharge .f our mutual obligations to tlie people of the state, whose servants we all nre. , , GEO. B. CHAMBERLAIN. Governor. Corporate rastee Title to properties is taken To be held for syndi cates; as security for bond issues; for distribution to heirs; for sale in subdivi sions, etc. The Trust Company is the best, the safest and the most economical .trustee, as it is a perpetual body, guided by a number of successful men, and the business is transact ed by those skilled in the respective departments. MERCHANTS SAVINGS & TRUST COMPANY 247 Washington Street,