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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 23, 1901)
THE MORNING' OEEGONIAN, WEDNESDAY. JANUARY 23, 1901. -i WAS NOT HIS WHEAT Speculator Spicer on Trial for Wrongful Sale. ISSUED WAREHOUSE RECEIPT Defence Is That the Grain Wa His and Thnt the Money-Lender Was Fully Secured for All Advances. The trial of "William E. Spicer, on a charge of disposing of grain valued at $4050, for which he had issued a ware bouse receipt to the Spokane & Eastern Investment Company, was begun in the criminal department of the State Circuit Court yesterday, and will continue several days. The attorneys are: District Attor ney Chamberlain and Russell E. Sewall, for the prosecution, and Ed Mendenhall, J. B. Easter and Judge Ward, for the de fense. The time yesterday was principal ly taken up in the selection of a jury, which was Anally obtained as follows: Fred Benfield, Fred Emily. C. N. Proud, Milton York, Charles Porth, L. M. Cox. T. B. Tanner, John B. Quay, A. Bell, D. B. Mackie. A. P. Nelson, E. C. Bulman. The case is one of contradiction. Spi cer alleges, among other defenses, that the warehouse receipt was nothing more than a memorandum, and that he was in full possession of all the remaining wheat on hand, as the result of transactions In which he and the Spokane & Eastern Investment Company were interested. The facts as outlined by Mr. Sewall, for the prosecution, are that, under a special statute passed In 1SS3. a warehouse receipt Is a negotiable Instrument, transferable from one person to another, and carry ing the title to ttae grain with It. So long as the receipt is outstanding It is a crime to sell the grain without the writ ten consent of the holder of the receipt. The Moscow branch of the Spokane & Eastern Investment Company was In charge of K. D. Miller, as manager, and Spicer was to buy wheat with the bank's money and turn over the warehouse re ceipts as he bought. Spicer finally want ed to have grain sent to Portland, say ing that he could save storage by putting It in his own warehouse here. This was agreed to, and the grain wa? sent and stored. Spicer. on February 2, 19C0. gave his receipt for 7231 bushels of wheat, valued at $4650. The bank wanted money, and notified Spicer that If the wheat was not sold Mr. Miller would have to come Shore and sell it to make good the ad vances by his company. Miller came to Portland In September, and Spicer was to raise money enough to take up the loan, In which case the bank would return the warehouse receipt. Mr. Miller came, but did not And Spicer. He went to the ware house and made a demand for the wheat, and C. M. McKittrlck, bookkeeper for Spicer, told him it had been sent to the Portland flouring mills. Mr. Miller after wards telephoned to Spicer, who said he was sorry for it, but the grain was gone. Judge Ward, for the defense, began by saying: "One tale is good until another has been told. Mr. Spicer was buying wheat at Moscow and doing business with the First National Bank at that place. Mr. Miller approached him and said he would like to let him have money, as his company had an abundance of money to lend. Spicer answered ttiat he owed the First National Bank about J7CO0 and .ouldn't change. Miller said he could ar range that, saying to Spicer: You own fine, revenue-paying property In Moscow bringing in a good rental. Give us a trust ded, and give us your note for $7000, and we can settle that. You buy wheat and we will lend you money.' Things went on in this way, and Spicer bought about $7f,000 wori.. or wheat in his own name, and sold it in his own name. He issued only checks until such time as he gave a note to cover them. If 'he owed $8000, he would give a note for $5000 or $7000. This gave him a credit of $2000 or $4000, and he would check against It. "There came a time when a great deal of wheat would not bear Inspection, and Spicer bought considerable of it at a re duced price. He told Miller it could be cleaned and worked over, and sold at Portland for feed, and Miller asked him why he did not do It. Spicer said he didn't have the money; It would take about $18,000. Miller said there would be no trouble about that; there was consid erable wheat at the Mutual wharf, and he could get an advance on that. On De cember 2S, 1899, Spicer took In drafts and cash and made a settlement, and there was nothing then owing to these parties. There was the mortgage for $7000 on the property. Everytning else was paid for. "In January Miller came here to settle up the business. Spicer was putting In new machinery to was and take the smut off the wheat. Miller asked what was to be done with the wheit. There were about 2000 bushels in the mill at that time. Miller looked at It and told Spicer it looked pretty bad. Spicer told him It would be cleaned and sold for feed, and If there was any good wheat in It It would be sold to the mill. Miller said to hurry wleta the machinery and get the wheat moving. This was before the receipt was issued. It never was intended to be a warehouse receipt. .tls was a mill, and not a warehouse. "We will show you that Miller never called this a warehouse receipt, and looked at and always called this wheat Splcer's wheat. Miller never paid any freight or storage, and did not exercise any ownership over It at all. In January, 1900, Miller got another sot of note's for $000, drawing no Interest. These excited attention, and Miller was asked why they did not draw Interest, and he said It was because he had already securted notes in Idaho. Another trust deed was executed by Spicer covering property here and In Clackamas County. Mr. Spicer thought he could make arrangements to pay all the notes as fast as they became due. The bank commenced suit to foreclose the trust deed on the Moscow property on September 16, and October 17 this Indict ment was returned. It Is Just such a case as has happened here and In other states, one of tho curses of the law tha tmer try to collect debts through the process of the criminal court. There Is no man who will go so far to protect a man under the warehouse law as I will, but they were not operating under this law. Miller was anxious for him to go ahead and sell the wtoeat as fast as he could. Spicer was paying them $500 per month, and they closed him out, and he could .not do anything for a long time, and now is doing a little business In a small way. "The Income of his Moscow property Is $350 per month. There is a mortgage - ahead of theirs, making altogether about $3fi,O00 due, but the property is worth much more than that; the income pays 6 per cent Interest on over $40,000 "Just as fast as the wheat was sold the money was sent to them to be cred ited on these notes given for this wheat. How the bank people got an iuea they had any Interest in this wheat I can't Imagine, because on December 2S it re turned Spicer all of his notes. They evi dently understood the wheat was Mr. Splcer's. because when tho money did not come fast enough they asked him to transfer the wheat on the Mutual wharf. which was done. I believe they claim that $22,000 Is due them, but it is not noarly that much; but they have not credited blm with everything. "McKittrlck was mistaken when he said the wheat was sold to the Portland flour ing mills. Miller knew It was disposed of, and he wrote to Spicer. saying he was gla4 it was sold. Bplcer gave him a re ceipt only to be a memorandum, showing the amount of wheat that - had been shipped to this mill, so as to show the officers of the bank where the wheat had been sent. If wheat had gone up, it would have been all right, but It went down; Dut they are secured by property. Spicer offered to pay them $2500 and $1000 every four months, which he could have done from the income of the property. They got hold of every dollar's worth of his property, and want to crowd him to earth because they can't get more, and to keep him out of the way so he cannot re deem." Little evidence has so far been intro duced. C. M. McKittrlck, who was Spl cer's bookkeeper, testified concerning the receipt, which he signed Splcer's name to, followed by his Initials. "C. M. M." .R. D. Miller Identified the receipt, and part of a letter relative to It was read. Spicer, before going to Moscow, was en gaged for a number of years In the grain and feed business on the East Side. FINANCES OF OREGON STATE TRBASTJRER. MOORE'S ' 'BI ENNIAL STATEMENT. "With Exception of Two Special Funds, Affairs Are In Good Con dition Recommendntlons. SALEM, Jan. 2L "The -financial affairs of Oregon, with the exception of two special funds, scalp bounty and swamp land, are In good condition." Such Is the statement made by State Treasurer Moore in the advance sheets of his biennial report. "All warrants on the general fund for STATE TREASURER MOORE'S BIENNIAL REPORT. Receipts. ITEMS. Balance In treasury January L 1899 Receipts State tax Interest on deferred payments of state tax Fines for violation of game law United States, mobilization and mustering in Sec-J ond Keglment, Oregon volunteers United States, equipment furnished Second Regi ment, Oregon Volunteers, by state Loss of ordnance stores Insurance licenses Sales of books Rebate warrants No. 10,431 Sale of old typewriter and furniture Sale of old books and paper Sale of old gas fixtures Transfer from Oregon stove foundry fund Board of United States prisoners Sale of brick Forfeited deposits City of Salem, State street improvement ..... State Board of Agriculture, unexpended appropria tion, fair of 1899 Second Eastern Oregon Agricultural Society, unex pended appropriation, fair 1S99 i Common school fund Payments on notes Payments on lands Insurance tax Escheated estates Fin-! fnr violation of food law Fines for violation of lav regulating the practice of medicine Transfer from common school fund, Interest .... Common school fund, interest Interest on notes Rents and Interest on land sales "RRnViAnfftrt pstntp. Intpresrt Transfer from Agricultural College fund. Interest Transfer from university iuna, interest Agricultural Tllege fund Payments on notes Payments on lands ; Transfer from common school fund, principal Agricultural College fund, Interest Interest on notes Rents and interest on land sales Transfer from common school fund, principal University fund .. Payments on notes Payments on lands Transfer from common school fund, principal Transfer from university fund. Interest University fund, interest i interest on notes Rents and Interest on land sales Transfer from common school fund. Interest Thurston monument fund, interest on note. Five per cent of sales of Government lands Sales of swamp land Sales of tide land University tax Oregon Soldiers' Home, National fund Transfer from treasurer, Oregon Soldiers Home... United States aid -, Fees for teachers' state certificates and diplomas .. State scalp bounty fund Tax on sheep Tax on rial and other personal property Hatchery funds, licenses, fines and sales of confis cated fish and gear Oregon stove foundry fund Transfer from treasurer, Oregon stove foundry .. Rent of foundry Convict labor Payment on note , Refund of money advanced for maklrtg brick Interest on note due January 1, 1901 Oregon portage railway fund Transfer from treasurer, Oregon Portage Railway. Rnt of ln.nrt at Cascade Locks General fund warrants on appropriations for mlll-l tary purposes W. C. Noon Bag Company, refund 765,515 09 3.059 47 50 00 6,710 65 3,044 22 2,720 33 1.222 21 135 50 50 CO 49 1,773 70 10 44 99 35 S3 01 ' 485.720 01 224,518 OS 21,464 55 100 75 179.068 33: 61,982 261 23.833 11 7,670 63 8,818 44 2,716 36 20.0W 38 2,442 36 7,418 91 929 14 451 1.475 841 4.697 67 132 22 38 79 4,164 371 1.838 001 15.523 65 17.974 51 1,500 00 6,93o 51 1,000 00 4,434 38 Totals 23,509 84 $ 775,008 82 3.406 64 1150 7,292 95 29.837 34 60 4.134 55 3,367 36 20 00 18,677 OS 1.893 12 204 30 645 201 392,593 94 204.007 36 26,371 48 Z.067 36 65 00 $ 763,699 23 1,540.523 91 6,466 11 61 50 14,003 60 3,044 22 29,837 34 60 6,854 SS 4,589 57 135 50 50 00 49 77 20 00 18,677 08 3,666 82 10 44 99 35 83 01 204 30 54; r 878,313 95 428,526 04 47.836 03 2,168 11 65 00 50 001 17,770 10 174,595 65 44,135 73 20 25 852 711 24,976 14 4.19S 18 2,700 00 12,110 74 70S 98 1,000 00 12,218 00 346 00 1,265 00 16 00 6,504 OS 326 64 635 00 .4,404 06 921 a. 2,346 62 443 OS 6.873 45 417 00 3,873 99! 3,755 66 13,653 55 1,916 67 10,567 00 9.548 33 478 26 K7 W 75 00 58.31178 120 $1,914.548 14$1.S94.004 59$4.572,251 96 50 00 17,770 10 353,663 98 106,117 99 20 25 852 71 L196 43 48,809 25 11,868 71 2,700 00 20,929 18 3.425 34 1,000 00 32.25S38 2,788 96 1,265 00 16 00 13,922 99 1,256 34 635 00 14 45 5,879 90 5,618 78 2,478 84 443 03 3S79 11,037 82 2,255 00 3.873 99 3,755 66 29,177 20 17,974 51 3,416 67 17,562 81 10,548 33 478 26 687 50 4,434 38 75 00 82,421 62 vl20 Disbursements. ITEMS. General fund Warrants paid Interest on warrants Bounty bond paid I Interest on bounty bond Common school fund Loans Warrants paid ,;; ................... Transferred to Agricultural College fund, principal. Transferred to Agricultural College fund. Interest.. Transferred to University fund, principal Common school fund, Interest Warrants paid Apportioned to counUes.. ....... ........ ...... ......... Transferred to common school fund, principal Transferred to University fund, interest Agricultural College fund, loans Agricultural College fund, interest Warrants paid ::!,","; V Transferred to common school fund, Interest Unlerslty fund, loans University fund, interest Warrants paid Transferred to university fund, principal TrancfortvH tn common school fund. Interest Five per cent United States land sale fund, warrants! paid Swamp land fund Warrant paid Interest on warrant Tide land fund, warrants paid University tax fund, warrants paid.. Oregon Soldiers' Home, National fund United States maintenance fund, warrant paid National fund, warrants paid ........... State Board of Examiners' fund, warrants paid .. State scalp bounty fund Warrants paid Interest on warrants Hntchery funds, warrants paid :.. Oregon stove foundry fund Warrants paid Transferred to general fund Oregon portage railway fund, voucher paid Military fund Warrants paid ....." V'"i"l'i Balance In treasury, December 31, 1900 Totals 936.171 27 16,674 35 60 00 68 25 645,759 66 4,073 97 14.175 86 199.905 8SJ 35,360 00 6,868 88 22.250 001 8.717 50 1,475 84 4.000 00 1.294 22 1.486 S3 8.85S 35 12 00 3,942 9S 556 37 1,409 05 544 99 23,274 69 d o w $ 709.408 10 5,465 62 553,439 00 14.20S 76 2,700 00 1,000 00 1,265 00 19.277 44 207.457 34 17.770 10 6& 00 21,400 001 11.848 75 852 71 11,700 00 6.566 41 16 001 1,196 43 4,335 49 7.0CO99 6.5S7 93 1,259 26 516 00 32 12 5,056 17 1.S09 17 18.677 OS 9 60 59,147 15 $1,645,579 37 22,139 97 50 00 6S25 1,199,198 66 18.252 73 2,700 00 LOCO 00 1,265 00 33.453 30 407.363 22 17,770 10 635 00 56,760 00 18,717 63 S52 71 33,950 00 15.253 91 16 00 1,196 43 5,81133 4,000 00 1.294 22 1,486 S3 15,919 34 12 00 10.530 91 1,815 63 516 00 3212 6,465 22 2.354 16 18,677 OS 960 $1,936,930 94($1,690.697 e2$4,572,251 96 82,421 SI 944,623 40 The following summary shows by funds the balances at the beginning of the term the receipts and disbursements, and the balances on hand at the end of the Venn: . FUND. General Common school, principal Common school. Interest Agricultural College, principal.. Agricultural College, interest.... University, principal University, interest Thurston monument, interest.... Five per cent U. S. land sale.... Swamp land Tide land ' Salmon Industry Military tax University tax Oregon Soldiers. Home, National fatate Board or iixaminers State scalp bounty Hatchery District No. 1 District No. 2 District No. 3 District No. 4 District No. 5 Dlstriot No. 6 Oregon stove foundry Oregon portage railway Military Total a dp L3 $19L236 444.698, 70.747 9.50S 93S 3,093 2,661 14 ' 2.687 19,201 1,246 L747 15,919 fl SO $1,628,923 L374,729 46LS51 63,377 25.354 36.328 15,814 14 5,879 5,618 2,478 443 11,076 2,255 7,629 613 2,323 1,392 784 3.175 20.8SS 50.663 4.509 S3.423 $763,699 2$ $3,808,552 73 763,699 23 $4,572,25196 O o w. : ff o CP d to $1,820,139 S2 1,619,427 40 532,598 38 72.SS6 59 26,292 59 39.421 61 18,475 87 2S 89 5,879 90 8.3U6 a 21.6S0 41 1,246 OS 1.747 03 16.362 421 11,076 611 3.255 00 7,629 65 613 30 2,323 50 1.392 50 784 50 3.175 00 2O.SSS401 50,668 OS 4.509 38 82,422 82 667,837 59 222,446 39 455.221 62 56.760 00 19.570 34 33.950 00 16,496 34 $4,572,251 96 $4,572 251 I 5.81133 5.294 22 1,486 83 15.919 34 10.642 91! 1.815 63 54S12 5S104 487 21 667 82 4.729 15 21.031 24 9 COI 82.42184 $3,627,628 56 944,623 40 $4,572 25196 152,322 23 596,981 01 73,376 76 16.126 59 6.722 25 6.471 61 1,979 53 28 89 68 57 3,012 01 20,193 58 1,246 OS L747 03 443 OS 533 70 439 37 7,08153 613 30 1,742 46 905 29 116 68 3.175 00 16.159 25 29.636 84 4.499 78 98 $944,623 40 which appropriations were made and not exhausted have been paid as presented, except for about two months In the early part of 1899, and about three months In the early part of 1900, when they had to be Indorsed, 'Not paid for want of funds. This Is the case nearly every year, owing to the fact that the fiscal year ends on December 31, and appropriations and the state tax levy are made for the fiscal years ending December 31, so that the funds applicable to the payment of gen eral expenses are practically exhausted soon after the first of each year, while the Counties do not and cannot, as the. law Is at present, commence paying state tax before about April 1 of each year. If the law could be so changed that the board of levy could estimate and levy the state tax to cover the expenses of the state from April 1 to March 31 there would scarcely ever be any necessity for indorsing warrants, and a consider able amount of Interest would thus be saved to the state. I would, therefore, recommend this change in the law. How ever, no warrants drawn on funds for which the aproprlations are not exhaust ed will have to be Indorsed this year, the general fund on hand being ample to pay all expenses, Including that of the Legis lature, until the counties commence pay ing the tax levied on the 1900 roll. The last Legislature Inadvertently dropped from the appropriation bill the Item of $25,000 for conveying Insane to the Asylum, which has made It necessary to Indorse all warrants drawn for that purpose dur ing thea term, aggregating aproxlmately that amount. The appropriation for the Reform School became exhausted about July 1, 1900, so that warrants for ex pense of that institution amounting to about $14,000, have been Indorsed during the las,t six months. There have also been minor deficiencies In a few other ap propriations, necessitating indorsements of warrants aggregating "about $12,000. The payment of state tax by counties has generally been prompt and satisfac tory during the term; but very few have let It go delinquent, so that interest charges have been few and for small amounts only, while quite a number have paid off considerable amounts for former years that accumulated during the hard times period. The prosperity prevailing throughout the state during the term has enabled the borrowers from the trust funds to not only meet their accruing in terest promptly, but to pay up a very large amount of Interest that accrued during the hard times period from. 1893 to 1897, as evidenced by the large number of receipts for money, the number Issued being over 7500, against about 5500 for the preceding term, and the amount of money distributed to the schools of the state on August 1 of each year of the term, ex ceeding over $92,000 tho distribution for any other biennial period, and .1 am pleased to be able to report that with few exceptions the loan notes now In this department are in first-class condition. "I am pleased to be able to report that every county In the state has paid the full amount of state tax charged against them for the years 189S and 1899 except Jackson, which owes a small balance on 1898 tax, and Tillamook and Union, which owe small balances on 1899 tax. The Leg islature of 1899 authorized Jackson County to withhold the payment of the balances remaining unpaid for the years 1897 and 1898 until a suit it had pending against the railroad company, involving the as sessment of the railroad company's prop erty in Jackson County, is determined by the Supreme Court, the amounts withheld being the state tax on the railroad com pany's property for those years as as sessed by the county, which is being con tested by the company. Tillamook and Union have this year paid large amounts of state tax for years prior to 1899, which accounts for the amounts remaining due from them on 1899 tax. There Is some question about all the amounts shown to be due from the other counties on state tax. Clatsop County claims there was an error made in the summary of their 1892 tax roll, by which their state tax for that year was several thousand dollars more than It should have been, and for which they win apply to this Legislature for relief. -The balance due from Mult nomah on 1897 tax is claimed to be the amount of raise of the State Board of Equalization on personal property, which was declared to be void by the Supreme Court in the case of Dayton v. Board of Equalization, 33 Or., 131. The balances against Marion County were determined to be void by the courts in the case of the State v. Marion County. I have been unable to ascertain from the present officers of Gilliam and Lake for what rea son they do not pay the small balances due from them on 1894 and 1895 tax, re spectively. A short time before I as sumed the duties of State Treasurer, the state instituted suit against Clatsop, Mar ion and Washington Counties for the bal ances due on state tax and Interest on deferred payments, of state tax as pro vided by the laws of 1893. In the case against Marion County, the facts were stipulated and the case tried out, and the Supreme Court recently decided (36 Or., 371) that the Legislature, subsequent to the law of 1893, providing for inter est on deferred payments of state tax, had so changed and amended the law as to render its requirements before the amendment of 1899 nugatory, and affirmed the decision of the lower court to the effect that the state could not collect such Interest. .This renders void all the Interest charges against all the counties prior to June 1, 1899, except Curry, Jack son and Union, which are not affected by i-js decision, the state tax In these coun ties not being payable until 60 days later than the other counties charged with ln- !erest- I would, therefore, recommend hat by appropriate resolution the Legis lature authorize me to credit off all these void charges so they will not have to be carried along on. the books. Scalp-Bounty "Warrants. "Scalp-bounty warrants, Issued under the law of 1899, to the number of 9008, amounting to $99,948, have been indorsed, 'Not paid or want of funds,' while only 50 warrants, amounting to $516 and In terest, have been paid. I now have on hand in the state scalp-bounty fund the sum of $9459 82, with which I am prepar ing to make another call. This will pay warrants to the amount of about $8500 and Interest, and will Include those In dorsed prior to August 1, 1899. Multno mah, Washington and Polk Counties did not levy any scalp-bounty tax, and Clackamas levied the tax on sheep only. All other counties made the levy as pro vided by law. About November 15 I wrote to the County Treasurer of every county In the state in which the scalp-bounty tax had been levied and which had not paid, asking them to deposit the scalp bounty money in their hands In the State Treasury, as required by law, or give their reasons for not doing so. Quite a num ber Immediately paid; a few others prom ised to pay soon. In a number of counties tljat levied the tax It was not segregated on the rolls and it has gone Into the gen eral fund of the counties with other county funds. The Treasurers of these counties report that no scalp-bounty money has come into their hands. A number of the County Treasurers report that they are holding the scalp-bounty fund in their hands on orders .of their County Courts, waiting to see "whether or not the counties making no levy will be required to pay. If the payment of the bounty on wild animals is to be con tinued by the state and by special tax, I would suggest that the law be so amended that Its constitutionality cannot be questioned, and that the tax be levied and made payable In the same manner and at the same time as other state tax. In order that warrants may be paid with in a reasonable time after they are is sued." Netv Features of Report. The statistical portion of this report presents many new features that will meet with hearty approval. Instead of the old form of financial statement, showing receipts and disbursements by mere men tion of funds, the general statements in this report show the sources from which the various funds derive their revenue, and, as far as possible, the manner in which the money is expended. The long Several Hundred Pianos for Sale THE WILEY B. ALLEIN CO. actuaHy have ONE THOUSAND PIANOS to dispose of before we remove to San Fran cisco, and we must be there very soon. CAN WE DO IT? Some people thought we never would get rid of our enor mous stock of sheet music and small musical instruments, but there is not a vestige of anything left in those depart ments; and we will now proceed to get rid of our pianos and organs as quickly and just as abruptly as we did our other musical goods. If there are any Portlanders who think we are going to transport these one thousand pianos to San Francisco (where our future headquarters are to be), they simply don't know us. These Pianos are going to be sold right here in Portland and throughout Oregon and the Northwest. HOW WILL WE DO IT? We have fitted up our storerooms at 209-211 First Street so as to display the different makes of pianos that are for sale, and it must b& remembered that the entire building, covering four floors, is "chock-a-block" with pianos from the highest to the lowest degree. Almost every make of piano known to the trade can now be seen in our warerooms. First come first served. Store open night and day continually 'during this sale. THE WILEY 211 First Street Portland, Oregon list of warrants paid, which served no other purpose than to make work for the printer, has been omitted. The list of warrants Is published by the Secretary of State, and the reprinting of it In the re nnr nt tYia TrAnsiirv Tlpnartment has been an unwarranted extravagance. I The present report sets forth the brief, comprehensive summary of transactions, and then takes up each separate fund, giving a clear explanation of Its pur pose, etc., and setting forth the receipts and disbursements by years and showing balance on hand. Tho list of loans outstanding, which Is yet to be published, will be arranged so as to show the loans by counties and the total amount loaned to the residents of each county. Heretofore the list has contained no Information regarding the I location of the loans placed. Tho new ar rangement will not only present Inter esting information regarding the sections of the state that borrow most extensive ly from the school funds, but will also throw around the trust funds a new safe guard in the shape of publicity. Those who are interested may now examine into the sufficiency of the security taken by the State Land Board for loans made In the several counties. VOTED FOR SENATOR. (Continued from First Page.) today's proceedings In the House was the separate ballot to be cast for United States Senator, on the second Tuesday of the legislative session, after organization, in accordance with the Federal law gov erning such elections. In anticipation of this event, the lobby was thronged with spectators, Including many well-known residents from all por tions of the state, and representing all shades of politics. The confraternity of Federal office-holders was greatly In evi dence, taking more than ordinary Interest In all the proceedings. Some remark was caused over the presence of several prom inent Democrats, holding, high place in their party councils; but these men sol emnly averred that they had Just hap pened along, and, being in Salem, were naturally curious to be present when a vote for United States Senator was taken. Among the best known of the politicians now In Salem is the veteran diplomat, John P. "Ward, of Portland. He reached here last night from California, fortui tously. In time to witness the start in the Senatorial race. Smith of Marion was presiding over the House when it was announced that, in accordance with law, the House would now be called upon to cast its vote for United States Senator. Before proceeding under this special order of business, a call of the House was ordered, all the mem bers except Mattoon. responding to their names, during which Speaker Reeder re sumed his place and presided over the further proceedings. When the name of Barrett had been reached on the call of the House, tho member from Grant County mistook the object of the call, thinking it was Intend ed for casting the vote. In response to his name, Barrett arose and commenced to make a few remarks pertinent to the occasion, but got no further than "Mr. Speaker: On this Important occasion, It becomes my privilege", when he was In formed of the nature of the proceedings under way, and the member from. Grant, who also represents Gilliam, Sherman, Wasco and Wheeler Counties, sat down in some confusion, and amidst the laugh ter of a number of his conferrees, and those in the lobby. At the proper time, he showed himself fully equal to the occa sion, and in a handsome, manly speech gave his reasons why he had determined to vote for H. W. Corbett as his choice for United States Senator. Eddy of Tillamook was first to take the floor for the purpose of making a nomina tion, and In a well-delivered speech eulo gized the present senior United States Senator of Oregon for the good Impres sion ho had made among those who had served in the National legislature for many years. He presented the name of George W. McBrlde. No particular mani festation of applause was observable in any direction over the mention of Mc Bride's name, nor, In fact, of any of the others placed In nomination. Hedges of Clackamas, on behalf of the minority, presented the name of William. Smith, of Baker, present State Senator, who received the solid vote of his party. Story of Multnomah, In nominating H. W. Corbett, of Portland, did little more than present the name of his candidate, stating that Mr. Corbett was "so well known throughout all the state that it was unnecessary to dwell at large upon his merits. Colvlg of Jackson County stood spon sor for the Blnger Hermann boom, and, in a reminiscent speech, reviewing the career of Mr. Hermann from childhood's happy hours to three years' service In the office of Commissioner of the General Land Office, presented the name of his favorite. Hume of Curry seconded the nomina tion of Hermann, and Stewart of Jackson County that of Mr. Corbett. The vote was then taken. Congressman Bailey la Senator. AUSTIN, Tex, Jan. 22. Congressman Bailey was elected United States Senator today after a long debate in the House over the majority and minority reports of the Bailey investigating committee. The majority report exonerated Mr. Bailey from any moral or legal wrong doing in the matter of securing a new permit for the Waters-Pierce Oil Com pany, but severely criticised those who had seen fit to criticise Mr. Bailey and state officials. The minority stops with the exoneration of Mr. Bailey and the state officials, and does not seek to de nounce their critics. The majority report was adopted, 107 to 2. The vote for Sen ator In the House resulted: Bailey, 110; Chilton 2 John H- Regan 1. M. M. Crane 1. In the Senate the ballot was: Bailey 29, ex-State Senaltor Atloe 2. i ' Harmirworth, Congratulates Papers. NEW YORK. Jan. 22. The following telegram to the Associated Press is self explanatory: "St. Augustine, Fla., Jan. 22,-aiay I be allowed to convey to the American news papers my fraternal congratulations upon the magnificent enterprise and broad spir it with which they have handled the pass ing of our lamented Queen? "ALFRED HARMSWORTH, "Editor London Dally Mall." tucky, which is now nearing the com pletion of her vo'yage from the United States to the Asiatic station. Captain Colby M. Chester, the present commander on being relieved will return to this country. Shnrkey and Mnher Matched. LOUISVILLE, Ky.. Jan. 22. Tom Sharkey and Peter Maher were today matched to meet In a 20-round contest be fore the Louisville Athletic Club In Feb ruary. They will meet at catchweights. Horr It Goes in Dallas. During- the present cold and grip season thirty-two thousand seven hundred and sixty boxes of Laxative Bromo-Quinlne have been purchased by the following wholesale druff houses of Dallas: J. V. Crowdus & Co , Texas Drug Co and Patton-Worsham Druic Co Its least virtue is that it lasts so. Soap is for comfort; the clean are comfortable. Pears' soap cleanliness is perfect cleanliness. All sorts of people use It, ail sorts of stores sell it, especially druggists. "Will Command the Kentucky. WASHINGTON, Jan. 22,-The Navy De partment has issued orders directing Cap tain C. H. Stockton to proceed to Manila and take command of the battle-ship Keo- SPLIT, BIUTTLE, DULL HAIR. AH Come From Dandruff, Which Is Caused by a Germ. Split hair, harsh hair, lusterless hair, brittle hair, falling hair, all owe their origin to dandruff, which is caused by a measly little microbe that burrowa into the scalp, throwing up the cuticle into dandruff scales and sapping the vitality of the hair at the root, causing the sev eral diseased conditions of the hair till it finally falls out. Modern science has discovered a remedy to destroy the dan druff microbe, which is combined In New bro's Herplclde, which may" be had of any druggist. Allays itching instantly and makes hair soft as silk. Take no sub stitute; nothing "Just as good." A LOCAL AND CLIMATIC DISEASE Nothing but a Iceal remedy or change of climate -will sure ca tarrh. Get n. well-known sSPECIiPiC, ELY'S CREAM BALM It la (lutekiy Ab sorbed. aires Relief at once. Opens and cleanse the Nasal Passages. Allays Inflammation. Heals and Protects the Membrane. Restores the Senses of Tasta and SmelL No Mercury. No Injuriottanir. Regular Slra, 60 cenu; Family SUe, 11,00 at Druggists' or by mail, t EL BROTHERS. CO Warren fiC. New Tartu CATARRH wym COLD "N HEAP