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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 20, 1911)
1IIE 3IORXIXG OlUttiUaiAJT, FK1IJAV, JASUART 20, v 1911. , 9 ROOT COMMENDS BRIEF DECISIONS Senator Says Judges Should Try to Simplify Adminis tration of Law. BOOKS MAY NEED BURNING Jadlrlal Reports So Voluminous We May Hare to ftollow Roman and Make New Start Wlckrrttham Sees Topular Dlstrut. state to appeal to the Supreme Court from a Judgment of acquittal entered In a Circuit Court or from an order dis missing a grand Jury Indictment, and permits rev.ews of decision II. B. 140. Hollls of Washington Create a State Board of Fish and Game Coro nitwkoners; provides that the Governor hall appoint four members, not more than two of one political faith, and that the fifth rtall be the president of the Oregon Agricultural College: Hies the term of office at four years, allows mem bers 15 per diem when In session, and actual expenses and gives, board super vision of the offices of Master rlsh Warden and State Game and Forestry Warden. H. B. 141. Church Gives both the states and the defendant 12 peremptory chal lenges when the crime charged im punish able by death or life Imprisonment; otherwise, six peremptory challengers to esch. H. B. - Church Makes oral pretense of the same strength as written pretense as evidence agaln persons charged with obtaining money or articles of value by fals pretenses. IL B. J43, tenner or iougias Arociiu. t.ie codes relative to payment of boun ties for scalps of predatory animais. RUM MADE TARGET Idaho Legislature Has Anti Liquor Resolution. ... SUNDAY LAW IS MODIFIED Mining Reports Demanded. STATE CAPITOL. Salem. Or.. Jan. 1. (Special.) Under the provisions of a bill Introduced by Senator carson mis morning, mining corporations are com pelled to submit reports to the Secre tary of State every June. The reports called for are of a fiscal nature and Include a statement as to officers and the general provisions which now cover corporation reports to tne secretary. OREGON SYSTEM EBBS RESOLCTIOX WHICH BASED SENATE FIGHT HEAUD YET. STRACLSa N. T- Jan. 1.-Reatlnc settled lsw In new forms and the bulkl ness of leaal opinions were decried by Senator Ellhu Root today In his address president of the New York State Bar .iivitjin at l: annual meeting here. Mr. .loot pleaded for simplicity in the administration of law. as well as In the acrtuiiulations of legislative practice. "I wish- said he. "that our Judges iou!il realise officially what so many f ti.eni agree to personally that re stating settled law In new forms, how ever veil It Is done, complicates rather than simplifies the administration of the law; tl.al the briefest of opinions usually itnstterw the purpose of the particular rase and that the general Interests of Jurisprudence Justify ressoned opinions only w..en some question of law Is de termined which has not been determined before by equal authority. Mmpler Justice Is the Better. The fewer ststutory rules there are lo create ststutory rights Intervening be tween a clt s-n's demand for relief and the court's Judgment upon his demand. the better. The more direct snd un hsmpcred by technli-a requirements the pathway of the suitor from his com plaint to Ma Judgment, the better. it seenw to me thst we have reached a point In our practice where the ap plication of that principle requires thorough and rational action: that more Improvement of the code of procedure In Its de-ta.1 will not answer the pur pose. "What I have In mind may be Illus trated by reference to two proposed pro visions which have been much favored by our committees. One la the provWun I hat In every case, a day shall be given hen the parties, through ttwlr counsel, may come before a Judicial officer in formally for a rule regulating the further procedure In the casa. This would be a most useful substitute for ttie separate, su? -csalve motions now permitted. The other provision Is that no error of r-i'icg upon the admission or rejec tion of evidence or otherwira In a trial shall be ground for reversal unless It appears that a different ruling would have led to a different Judgment. "The mass of Judicial reports has grown so great that It begins to seem ss If be fore long we shall have to burn our books like the Romans and begin anew. And. Indeed, where decisions csn be found In support of every side of every proposition, we do begin anew In deter mining by the light of reason which au thority shall be followed. 'r.vtry candid man must admit that a higher stsndard of morality prevail today In both public and private life tlian ever before In our history." said Attorney-General Wlckersham. "A more rigid application of this standard Is de manded by the people te the conduct of all concerned with our Government. Na tional, state and municipal." legislature Is Distrusted. The Attorney-General said that abuse of power of political organisations In the past had resulted In popular distrust of them, "and this." he continued, "has produced a demand for a more direct participation by all the people, not only In party management but in legislation, and a more Immediate control of the ad ministrative acts of the executive officers and even of conduct of Judges." He said one noticeable tendency today "la a distrust of the legislative branch of ' the Government, which has led to the Increase of power and authority of the executive and a decided complacency In M(VRE SIGNATURES ADVOCATED the face of new and unprecedented as- I sumption of power by the executive. This I tendency Is not at the present moment j narPOtt Wants Initiative- PetlUons to so irvn s u'n uuuui ujd i.ji j few years. Bear 1 2 Per Cent 3Iore. "Another r an Impatience of the nde- I i,.n,i.nt rtlnn of i ha fudlrlarr. an un- I STATE CAPITOL. Salem. Or.. Jan. 19.- w llllnrness lonzer to concede the need (Special.) Under a resolution Introduced of an absolutely untrammeled bod) of by Scnatoi Barrett to amend the constl Judgea from popular control, expected to tution It Is mado necessary to secure 20 decide controversies submitted to their I pel cent of the voters on an Initiative petition before such petition can go on the ballot, instead of S per cent, aa now required for the Initiative, and 10 per cent of the voters for the referendum instead of the & per cent now required Another amendment to this amendment has been suggested, but has not yet been incorporated This is In relation to baa ing the per cent for the petition on the whole number cast for Justice "of the Su preme Court, the amendment to be sug gested probably using the vote on Gov ernor as a basis. This arises out of the difficulty that has been experienced In determining the whole number cast for Justice of the Supreme Court since It has boco.ne necetsary to vote for more than one Justice at an election. Kellaber Would Herald State's Way of Government as Bet In" World and tTrge Imitation. STATE CAPITOL. Salem. Or.. Jan. 1. (Special.) Senator Kellaher'a reso lution around which waged a battle royal In the Senate yesterday was till the cause of considerable com ment around the State Capitol lobbies today. The resolution which called forth the atormlest argument heard In the Senate for many sessions. Is: Whereas. Wide attention has recently been attrarleri to (he Oregon svat.m of popular government, meaning thereby the Initiative and referendum, direct primary, corrupt practices act. and recsll: snd. Whersaa. Lesialsturea and leadars In pro gressive government are studying ths Ore gon system with a view to adopting a sim ilar aratera In other nates, therefore, be it Resolved. Uy the Senate, the ilouas con curring, that ths Oregon legislature here by declares Its confidence tnst Oregon has the best system of government In ths world and commends that system to liis favorable consideration of legislatures In other states desiring to Improve their gov ernment and re-establish the sovereignty of the people. . Resolved. Thst a copy of these resolu tions bs transmitted at once by ths Secre tary of Stat, to toe Speaker of the House and the Prealdent of the Senate of every Stats Leglaiaiurs In ths Union, INCOME TAX DEBATE IS SET Rat I float Ion Resolution to Be Dis cussed In House Monday. STATE CAPITOL. Salem, Or.. Jan. 19. (Special.) After an hour's filibustering, led by McKJnney and Eaton, the House today made Senator Miller's Joint resolu tion ratifying the Income tax amendment a special order for 3 o'clock Monday af ternoon. This action was taken after ef forts to have the resolution referred to the Judiciary committee failed. Huntington, Fouts and Buchanan In sisted that the members of the Hous3 were sufficiently acquainted with the provisions of the resolution to act on 't following the favorable recommendation of the committee on resolutions. McKIn rey and Eaton wanted further time, that the Representatives might study the pro rosed amendment further. Abrtrnit and Johnson of Marlon and Carter of Clacka mas finally concurred and the resolutlop went over to the first of the week. After more or less Jockeying with the subject, the question of smoking lrr the Hall of Representatives during the ses sion of the House was settled today. By a decisive vote the members indefinitely postponed a resolution from the rules con:mttee recommending the repertl of the anti-smoking rule. . . After Heated Debate on Personal Liberty, House Passes Measure to Allow Various Shops and Stands to Open 7 Days. BOISE. Idaho. Jan. 19. (Special.) State-wide prohibition came up for the first time before an Idaho Legislature today when Representative Brady, of Xampa. Introduced a resolution in the House falling for a constitutional amendment. The House received the meueure without demonstration. It has been placed In the hands of the com mittee on privileges and elections, and no fight over the measure Is expected until the commute reports upon lt The prohibitionists and antls are lining up for the contest, which now gives every promise of being a bitter one. The resolution is an unusual one.. It Is in reality section -i of the state constitution remodeled, the prohibition clause appearing: in the following-. Ian gunge: "The manufacture and sale of spirit uous, vinous, malt and Intoxicating liquors are forever prohibited within the State of Idaho." Through the adoption of the minority report the House late this afternoon modified the Sunday reet law by so amending: It that bakeries, news and shoeshlnlng- stands, restaurants and re freshment stands can keep open. Ths modification waa only secured after a heated debate wherein the Sunday rest law waa ridiculed and attacked as a vtcloue measure and the work of radi cals seeking to deprive citizens of their personal liberties. The Senate pasred two memorials to Congress, the first pledging the Legis lature's support to the Income tax, and the second urging; the state's right to school sections 1C and 36. now in forest reserves. The investigating committee was named, as follows: Representatives Black. Kootenai; Balilrldge. Canyon; Davis, Oneida; Ter rlll. Bannock; Helleckson, Latah. Senator's Preston, Oneida; Williams. Boise; Mitchel. Nes Perce. STATE-WIDE WAY URGED FCnMC TTTILITIES BODY FOR PJORTLAXD OXLY FOCGIIT. Judgment without regard to popular opln lor or prejudice." S4000, CIRCUIT JUDGES' PAY BUI Would Raise Jurists' Salary. Eight-Hour Public Day Asked. STATE CAriTOL. Salem, Or.. Jan. 19. Special.) Every Circuit Judge In the stste will receive an annual aalsry of JIPOO if a Mil ry Representative Thomp son, of Lake. Is enacted. Representative McKinney today Intro duced a bill providing an eight-hour workday for all mechanics employed on all publte work, unless the hours of labor shall be otherwise prescribed by the legal directors of the city or rounty un der whose supervision the work Is being performed. I 1 IIOCSE BILLS INTRODUCED Proposed Measures Relate to Legal and Court Procedure. STATEHOCSE. Sutom. Or.. Jsn. 19 Eleven new biiUT were Introduced In the House this morning. Several relating t court and legal procedure are of the greatest Importance. Tiie list follows: II. B. 133. bf Peterson of L'matllla Provides for the discharge of Judgment against persons discharged under the Lnlted States bankruptcy law within a year after notice snail have been given to the perrons Interested. H. B. 134. Miller of Columbia Changes t.te existing law relative to salaries of Circuit Judf.es so that esch of the coun ties comprising the Fifth Judicial district, Wss.-dgton. Columbia. Clackamas and Clatsop shall pay each of the two Cir cuit Judges C-'-O annually, in addition to the salaries of SX paid by the state, making their salaries tKi. 11. K. 135. Brooks of Harney and Mal heur Appropriates H0.C0O to aid the County Commissioners of Malheur in the construction of an Interstate bridge across ( Snake River at or near Nysea. H. B. IX. Brooke Fixes the salary of the Prosecuting Attorney of the Tenth Judicial district at fc:0 a year, with a deputy at a salary of HQ. H. B. 137. Amme of Multnomah Li censes private Insanity asylums, pre scribes regulations and make violations a misdemeanor. . H. B. l.TS. Abbott of Multnomah Pro vides for a free ferry across the Wil lamette River at St. Johns. H. B. 1. Church. L'nion Allows the Senate Has Nine Xew Bills. STATE CAPITOL. Salem. Or.. Jan. 19. Nine new bills were, introduced In the Senate during the jnornlng session, as follows: a B. S3. Carson Calling for mining companies to file annual statements with Secretary of State. 8. B. S3, Bean and Calkins Creating Coos. Curry and Douglas as the second Southern Oregon District Agricultural Society. S. B. &4. Carson Claimants of water for power development to pay annual license foe for each water horsepower. 9. B. Si. Merryman Limits killing to 25 ducks a week In certain counties. S. B. 86, Merrynian Prohibiting deer hunting during night, and limiting to three deer a season. 8. B. S7. Norton Creating Josephine County as 14th Judicial district. 8. B. 8X Von der Hellen Prohibiting rebating by railroads. S. B. kSk Hawley Prohibiting county of ficials from making contracts with County Courts in which they are directly Interested. S. B. 90 Albee Sterllliatlon bill which Dr. Owens Adair hss beVn a'dvocating. Bars Must Be Six Miles Away. STATE CAPITOL, Salem, Or.. Jan. 19. (Special.) What la liable to bring forth considerable opposition Is a bill intro duced In the Senate by Meryrman today in whtdh it fs provided that there shall be no saloons located within six miles of any public work, whether either being conducted by the state or Government. The object of the bill is to prevent es tablishment of saloons near large camps when saloons are established for the pur pose of servtn.t such camns. A horned beetle which devours the leaves of the coeoanut tree hus recently made Its appearance In the Samoan Archipelago snd la destroying; or greatly Inuring ths plants wklnli it .1 laih a. Senator Malarkcy and Railroad Commission Oppose Kellaher'a Plan Bill's Sincerity Attacked. STATE CAPITOI Balem. Or.. Jan. 19. (Special.) Senator Malarkey and members of the State Railroad Com mission repudiate the assertion that has gained ground through publication and rumor that the Commission is op posed to extension of the powers of the Railroad Commission to cover pub lic utilities. Malarkey attacks the sin cerity of the Kellaher bill, which is proposed to cover public utilities for Portland alone. Commissioners Miller, Attchlson and Campbell back Malarkey In saying they are not opposed to the Ma larkey bill, and Altclilson was largely Instrumental in drawing the bill as Introduced. "I told the people of Portland when I was campaigning for this office," said Malarkey. "that I Intended to fight for a public service commission for the whole state, and I intend to keep that promise. I am opposed to the bill creating a commission for Portland alone, because primarily It is for the purpose of glv'ng a few Port land persons a chance for notoriety, because it will give 150,000 a year as it is framed and furthermore because It will give to Portland alone something that every city in the state needs if Portland needs it. "If Portland needs a commission so does Salem or Oregon City , or Eugene or any other city In the state, and probably the needs of the smaller clt kes are greater in this respect than are the needs of the metropolis." Commissioners Altchison and Miller both expressed themselves as distinctly favoring the idea that all public utili ties should be under one commission. "Whether that should be the Rail road Commission Is for the Legislature to decide," said Commissioner Altchi son. "But we all stand pat on the proposal that one commission should have control of every public utility in the state and that the commission should be state-wide In the scope of its powers. "We are not looking for any more duties, but If the Legislature Imposed them upon us we will perform them to the best of our ability." ASTORIAXS ARE EXCOCRAGED Measure for Centennial Fair Appro priation A Veil Received. STATE CAPITOL. Salem. Or.. Jan. 19. (Special.) Prominent citizens of As toria today met with the Joint ways and means committee of the two Houses and urged the favorable con sideration of the bill pending In the Legislature for an appropriation of 1100.000 for the Astoria Centennial cel ebration. Included in the delegation. which was Joined here by Senator Les ter and Representatives Belland and Lelnenweber. of Clatsop County, were A. W. Norblad. Father Walters, Judge Anderson, II. H. Zapp, Andrew Berch, G. A. Wlngate. George Langford and B. F. Crawshaw. The visitors were pleased with the reception they re ceived from the committee, which gave assurance that the project undoubted ly would receive some state assistance. the amount of the appropriation to be determined. . LOANS ARE XOT IX ARREARS Erroneous Statement In Newspaper Repudiated by Bowernian. SALEM. Or.. Jan. 19. (Special.) Repudiation of a statement recently made in the Oregon Journal Is au thorised by Senator Bowerman, the allegation to the effect that the old board had faired to act in connection with loans from the state school funds nd In consequence nearly 1100,000 worth of loans are In arrears. Sena tor Bowerman made application to G. G. Brown, clerk of the land board, to make a statement relative to the item In the evening paper, and received the following reply: "On September 28. 1910. the State Land Board passed an order authoriz ing the clerk to notify the attorneys for the Board not to accept appllca- ilack Times With the Tailors Extra Pants Free FRIDAY AND SATURDAY Why pay $25.00 to $40.00 when you can get the pick and cream of our stock, the largest and most complete in the Northwest with An Extra Pair of Pants Free for I Wv ffv SJ7 "Us i 1 t,rk i ilVi v-v c 4 -if 5 Kit mm 6 4 la t r, )e- V ft &-l H5 aV,V - Made to Order and Made to Fit We have 40 high-class tailors in our employ and we must have work to keep them busy. English Worsteds Scotch Tweeds French Back Cheviots No restriction. Drop in Friday and Saturday and pick out a regular $35.00 or $40.00 suit with an extra pair pants and you pay us $20.00 and if you're not satisfied with the suit when it is done, don't take it. All clothes made during this sale are guaranteed and are kept in first-class shape for one year. Remember This Sale Lasts But for Two Days FRIDAY AND SATURDAY - STORE OPEN EVENINGS AMERICAN GENTLEMAN TAILORS 94 SIXTH ST., Corner Stark 1 . i 7 r r 1 ' 1 fill r, A s Is? 'I ivy.!, i f'Jt-J v):?t Mils J f si f r t 3f v Just Outside the High-Rent District tlon for loans until further notice, the cash In the school fund being; prac tically exhausted. On December 13, 110, the clerk was directed- to notify the attorneys that on and after Jan uary 1. 1911, applications for loans not to exceed $2000 to any one person would be considered. "There were no undisposed appli cation for loans on file In this office December 31, 1910." bixIj ousts game: wardexs Smith, of Josephine, Would Vest Their Powers tn Commission. STATE CAPITOL, Salem, Or.." Jan. 19. (Special.) Abolition of the offices of State Gume and Forestry Warden and the Master Fish Warden through the creation of a State Board of Fish and Game Commissioners is proposed In a bill introduced in the House today by Dr. Smith, of Josephine. The proposed Commission is to con sist of five members, four to be ap pointed by' the Governor, not more than tw-o to be of the same political party. and the fifth to be the president of the Oregon Agricultural College. The bill provides mat -me commis sion shall have full jurisdiction In the enforcement of the fish and game laws of the state, the appointment of a Game and Forestry Warden and a Mas ter Fish Warden, with all tne neces sary clerks and deputies required In both offices. Members of the Commis sion shall" receive 5 a day for their services, the total amount to be paid each Commissioner not to exceed $,100 In a year. HAIP-FCXD REQUEST PASSED Senate Adopts Report on Reclama tion: Memorial to Congress. STATE CAPITOI Salem. Or.. Jan. 19. ssnecial.) Request on-the part of the committee that the House memorial ask ing the Oregon Representatives in con gress to put forth their best efforts to obtain re-enactment of the law provid ing that 60 per cent of the reclamation funds received from the states be re turned to the state from which It Is se cured waa heard by the Senate this aft ernoon. , The report of the committee was adopted, orial. practically passing the mem- Pr irate Hospital License Wanted. STATE CAPITOL, Salem. Or., Jan. 19. (Special.) Amme, of Multnomah, has Introduced a bill in the House provid ing that all private hospitals and sani tariums shall be required to pay to tn county a, license of 500 per annun Tha' bill further provides that th license of any such institution may bj revoked by the County Court for rea sons deemed satisfactory to tne cour CA r. $50.22 FREE By presenting' this advertisement during Auto mobile Opening Week at our salesroom, you will receive credit on purchase price of any car for January, February or March delivery. No Gears to Strip No Clutch to Slip FIFTY DIFFERENT SPEEDS 30-Horsepower, 4-passenger . . . ... 1400 35-Horsepower, 5-passenger $1750 40-Horsepower, 7-passenger $1985 DELIVERY WAGONS, $1350 UP, F. O. B. PORTLAND Agents Wanted for Oregon and Washington i O 1 iO Seventh and Vartercar oaies io., inc. ok streets