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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 6, 1901)
THE MOKNIKG OREGONIAN, WEDNESDAY, FEBRUARY 0, 1901. MITCHELL FAILED Second Effort to Get Dem ocratic Vote Defeated. CAUCUS AGAIN PICKED SMITH The ex-Sentaor's Candidacy "Was Bro'nprht Up and Met Strong? Op position Republican Mlnoritj Will Xot Cancm. SALEM, Or.. Feb. 5. John H. Mitchell renewed his effort to capture the. Demo cratic caucus, and scored another failure. The Democrats decided once more to stand by William Smith. The candidacy of Mr. Mitchell "was freely discussed, and several Democrats, like Watson of Mult nomah and Edson of Washington, en deavored to make it clear that there was an implied pledge upon at least such Dem ocrats as were elected by "citizens" to vote for Mitchell. But this position was vigorously combated by Democrats like Senators Sweek and Inman, of Multno mah. Senator Wade, of Union and Wal lowa, said he had been elected by the aid of Republican votes, but he felt under no obligation -whatever to help elect a Re publican Senator. The MitchoH scheme Is to persuade the caucus to agree to a secret ballot as to the Senatorshlp. By this brilliant meth od it is figured that the Democrats will be able to conceal from each other and from the public Just who votes for Mitchell, and that the responsibility will be trans ferred from the individuals to the party as a whole. All phases of the plan were discussed, and it encountered such vigor ous opposition that it was not further pressed, and did not reacn a vote or even a formal motion for its adoption. The same thing was suggested last night, and It resulted in a declaration from Chairman "Vmltney that, in his Judument, the mi nority could not be bound by the majority to vote for a Republican. No Democrat could thus be read out of his party. Sen ator Inman and others said they would not recognize any such attempted action. It was intimated tonight that the Mitchell Republicans had appointed a committee of Ave to wait on the Democrats and en deavor to agree on some basis of action as to the Senatorship. The caucus had no objections to similar action, that Is to say, no harm could come from a confer ence, and the chair was empowered to ap point a like committee, which he will do tomorrow. The developments as to the Democrats show that there are a few who would like to vote for Mr. Mitchell, but they arc so far unquestionably In a minority. The ex-Senator has pushed his claims hard with them, and Is not satisfied with one or two rebuffs. He has declared to various Republicans that he has or can get 20 Democratic votes, and these, with 26 Re publicans, will be enough to elect him. To ihe Democrats whom he personally in terviews he declares that he has at least 26 Republicans, and all he needs is a score from the opposition party. At the present time he is very much shy in both parties, and he knows it. What is worse for Mr. Mitchell, everybody else knows it. In a nutshell, Mr. Mitchell is playing .his old game with the Democrats, and trying to be the Democratic candidate even before he has a single Republican vote cast for him In the open Legislature. Through him the Republican minority is openly negotiating with the Democrats for the purpose of combining with them to defeat the Republican majority. Republican Majority Caucus. The Republican majority caucus had a meeting tonight for the purpose of re ceiving the report of the committee of Ave appointed to confer with the opposi tion members. The following report was submitted and adopted: "Salem, Or., Feb. 5, 1901. We, your com mittee appointed by Chairman Howe, of the Republican cauous, for the purpose of waiting upon the Republican minority and Inviting them to join with us In our con ference, beg leave to report: "That we have Individually and sever ally Interviewed all the members of the minority, and they have declined to ac cept our invitation. We are therefore compelled to state that, in our opinion, the minority will not now, or at any time, perform their clear duty as Republicans of aiding: the Republican majority in cau cus to select a candidate for United States Senator." After some discussion of the situation, the caucus adjeurned subject to the call of the chairman. The House committee on railroads held a session tonight to give the railroad com panies a hearing on the Carter, Colvig and Butt bills relating to freight and pas senger rates. It is expected that the com mittee will report upon these bills in a day or two. Antl-Cnncus Forces Conferred. The anti-caucus forces also assembled tonight. It did not transpire that any thing was done except to agree informally to continue In the course of opposition to the majority. It does not tonight seem probable that there will be any change In the vote tomorrow. IX THE SAME OLD RUT. The Mitchell Iloora Fails to Put in Appenranee. SALEM, Or., Feb. 5. The joint "con vention today did not break Its habit of electing no Senator. At noon, Tuesday. Feb. 5, was to be the day and the hour when John H. Mitchell made his formal entry into the contest. The event had been advertised far and wide, and every incoming train for the past 24 hours has brought in prominent politicians from all parts of the state. The Federal push Is at hand (though some of its most shining lights are not here) and is or has been supporting Mr. Mitchell and Mr. Mc Bride with equal impartiality. Indeed, the lobby today was the largest of the session. Early this morning the crowd began to make its appearanoe in the cor ridor and rotunda of the capitol, and by noon, it had reached large dimensions. But there was no great excitement. It had become generally known that Mr. Mitchell's effort to become the Demo cratic candidate had utterly failed in the oaucus last night, and there was no hope or expectation tht his name would be sprung. And it was not. At noon the Senate filed into the House, and the customary preliminaries of get ting ready for the joint ballot were speed ily disposed of. As the roll was called and the various members responded in the same way, dropping into the rut of the old deadlock, tie lobby gave up Its last faint hope that there would be anything done. The ballot resulted as follows: H. W. Corbott 29 George W. MoBride ........w.,.,21 Bingor Hermann S William Smith, Democrat 26 C W. FultOR 2 F. A. Moore 2 S A. Lowell 1 Not voting 1 MOLT.VOMAH AFFAIRS. Dclcgrntlan Considering For-Keach-Inpr City and County Chances. SALBM. Or., , Feb. 5. The Multnpmaji delegation has under consideration Drls ooll's bill to remove the present Board of County Commissioners and to restore the County Judge to his place on the board. Two men tre to be named In the bin to take the place of those to be deposed. Report sayi that Representative Dris coll wants one of these places for his brother, Michael Driscoll, arid that Rep resentative Heitkemper has the remaining plum picked out for his father-in-law. J. J. Aliard. The Multnomah delegation in the Senate is said to favor J. W. Shat tuck and Tyler Woodward for Commis sioners. Opponents of the bill have print ed a circular letter containing a list of 1SS7 cases pending In the Probate Court as illustrating that the County Judge of Multnomah County has more business now on hand to transact than he is able to handle, and the. argument is made that for this reason it would not be wise to 'restore the County Judge to his place on the Commissioners' Board. This circu lar has not yet been generally circu lated among the members of the Legisla ture, but It Is doubtless the purpose of those Interested in its publication to do so. The other duties of the County Judge are also pointed out as follows: "To hear and determine all complaints of insanity, and make all commitments to the State Insane Asylum. "To pass upon all applications for adop tion of children and change of names. "To hear petitions and determine what disposition to make of minors whose par ents are unfit or incapable of bringing them up, and award their custody to. the Boys' and Girls' Aid Society and like In stitutions. "To act as a member of the Board of Equalization. "Has jurisdiction to the amount of $500. "Has jurisdiction to hear and determine questions arising on 'habeas corpus.' " Certain membors of the Multnomah dele, gation take exception to a recent state ment that the delegation has decided to remove the present board and supplant it with Democrats. They say that the bill has not been considered by the dele gation, and that it is hard to say what It will do when It does act. STILL DEBATING THE CHARTER,. Portland Bill ATrnits Recommenda tions Will be Many Changes. SALEM, Or., Feb. 5. The Multnomah delegation has held frequent meetings to consider the Portland charter, but the members are generally noncommital as to what occurred at these gatherings. Senator Mays states that the delegation has been waiting on the Taxpayers' League for recommendations concerning street improvement matters and some other things. City Auditor Devlin and Attorney H. W. Hogue are said to have prepared the bill for the league, and A. T. Mills corresponded with the delega tion concerning it Monday night. Rep resentatives Story and McCraken were not present at the meeting long tonight, Mr. Story states that he can attend If he desires, but says the charter Is a long, typewritten document; that a page is read and turned over and then an other one. and that he has not ascer tained much of the contents of the char ter by attending the meetings, and pre fers to wait until the bill has been In troduced and printed, when he can di gest it at his leisure. That the charter will contain numerous changes from the present charter is a foregone conclusion. As previously siaiea, tne present Police and Fire Com missioners will probably be legislated out of office and new Commissioners named in the act to take their places. This same plan may be pursued as to others holding positions in the city government under the general proposition of law that a Legislature may abolish whatever it has power to create. Representative Not tingham has expressed himself In favor of the taking care of streets by the city after a street has been lonce fully Im proved. Senator Sweek does not believe the Police Commissioners ought to have authority to remove the Municipal Judge from office, as provided for by an amend ment to the present charter. The same amendment was passed when Frank D. Hennessy occupied the bench of the Municipal Court. There will probably be other changes. Representative George M. Orton, while he has attended the numer ous meetings of his delegation, says he has not seen anything of the charter since he left Pdrtland. Public Administrator Bill. Judge Cake, whose bill for a public administrator was reported upon today by the committee on judiciary, was evi dently promptly informed of the action, as he arrived on the afternoon train, and immediately began an agitation to resurrect the measure, which, he asserts, is a meritorious one and intended to cause a final settlement of a certain class of estates, which he has not power as Pro bato Judgo to bring about. The desire of Judge Cake is to have the bill referrred to the Multnomah delegation, where he thinks it will receive better treatment than it did at the hands of the judiciary committee. STATUETTE OF COLONEL BAKER. House Bill for Its Purchase Inscrip tion Thereon. SALEM, Or., Feb. 5. A statuette in commemoration of Colonel E. D. Baker, to cost $2500, is the subject of a bill in troduced by Representative McCraken. Accompanying the measure is a petition from Mrs. Caroline Baker Stevens, daugh ter of the late E. D. Baker, stating that her father fell in battle at Balls' Bluff In 1S61, while fighting in the defense of his country. "No single thing." it is stated, "marks the grave of E. D. Baker to commemorate his distinguished life and gallant death, and it is eminently fit ting that the state which he represented should purchase this tribute." The petition also recites that the stat uette Is the work of Horatio Stone, the artist who made the statue of Colonel Baker placed in Statuary Hall, Washing ton, and Is a fac-slmlle, and contains an inscription from the reply of Colonel Ba ker to the speech of Senator Brecken rldge In the United States Senate, as follows: "There will be some graves reeking with blood, watered by tears of affection: there will be some privations; there will be some loss of luxury; there will be somewhat more need of labor to procure the necessaries of life; if we love the country, the whole country, the Union, the Constitution, free government, with those will return the blessings of civili zation; the path of the country will be a career of greatness and glory such as our fathers in the olden time foresaw in the dim vision of years yet to come; and such as would have been ours to day, had It not been for that treason for which the Senator (Breckenrldge) too often seeks to apologize." ASTORIA SENDS LOBBY. Will Ursye the PassnBe of Charter Chnnces Agreeable to Council. ASTORIA, Or., Feb. 5. The City Coun cil at Its meeting lost evening appointed a special committee, consisting of Coun cllmen Cook and Soherneokau and City Attorney Smith, to go to Salem and urge the passage of the bill amending the city charter as prepared by the Council, also that amendments presented by other per sons be not entertained. The reason for this action is that the Council has been Informed of an attempt by certain Individuals o amend the char ter by changing the method of comput ing the city indebtedness, so that the limit would already have been passed and the municipality forced into the hands of a receiver. Other amendments that are feared are one placing a property quali fication on voters and one appointing the head of the city government ,for life with power to name all subordinate officers. The committee left for Salem today to begin its work. Bij? Price for Polk County Farm. MONMOUTH,' Or., Feb. 5.-J. H. Moron, real estate agent, reports the sale of one of the best farms In Polk County, situat ed three miles north of Monmouth, to a man just out from Wisconsin. It consists of about SO acres, and the price paid was J5S per acre. This is probably the best price .paid In this country for farm land In recent years. FOR A NEW CONSTITUTION SENATE PASSED BILL AUTHORIZ ING CONVENTION. Thirty Thousand Dollars la Appro priated for It, and There Are te Be Sixty-one Delegates. 8ALEM, Oft, Feb. B.-The state will have a Constitutional Convention if the bill passed by tli Senate today runs the gauntlet of certain House objection. Last week, when the Brownell measure came up, there was-a lively debate, in which the orator from, Clackamas -made one of his Illuminative starry-flag speeches in Its favor. But he was beaten. Un daunted he kept up the fight and man aged to get a vote for reconsideration. Today the bill came up on special order, and Brownell again made an earnent plea for a new Constitution. He was warmly seconded by Mays and Booth. It appears that certain amendments had been made by which the coBt of the convention would probably not be over $10,000, though the bill appropriates $30, 000. There seemed to be an impression on the part of the Senate that bo high minded and Uncommon, a body as a Con stitutional Convention would not spend as much money as the state placed at their disposal, and so the Senate passed the bill by the following vote: Ayes Adams, Booth, Brownell, Hunt, Inman, Johnston, Kelly, Kuykendall, Mays, Morrow, Porter, Proebstel, Smith (of Baker) Smith (of Multnomah). Smith (of Yamhill), Sweek, Williamson, Mr, President 18. Nays Cameron, Howe, Marsters, Mul ky, Steiwer, Wade, Wehrung 7. The Brownell bill provides that the convention shall meet in Salem, at 12 noon, the second Monday in September, 1902. It shall consist of 61 delegates, of whom Multnomah shall have 11. Pro vision Is made for electing the delegates at the June election. 1902. Other sections set forth how the cbnventlon shall be organized, and how many clerks It shall have. The session is limited to 00 days, and the per diem to ?3 per day. The constitution shall be submitted for adop tion or rejection in June, 1904. The bill appropriates $30,000, or so much therof as shall be necessary. The bill is not likely to pass the House. The act introduced by Representative Story, of Multnomah County, regarding the selection and sale of school lands, has for Its object the curing of a defective law on the same subject passed two years ago. This bill provided that where the state cannot make title to school lands for which they have issued certificates to purchasers, the' state shall return the principal and interest, and 5 per cent in terest on the money for the time the state has had possession of it, The United States government has refused title to the state to lands on some bases used by the state, including timber lands. The Attorney-General pronounced the act of two years ago to refund to purchasers faulty, and it Is believed the present act will stand the legal test. The School Land Board Is willing tp refund these moneys. A bill to repeal the building and loan as sociation acts of 1891, 1S95 and 1S9S, was introduced by Representative Notting ham. The laws in force have permitted these concerns, because they were co operative, to loan money to members at a much higher rate of interest than Is allowed by statute, unqer the term of premiums. Recently the courts have de clared the Interest charged by such com panies to be usurious, no matter whether called premiums, or by any other name. Mr. Nottingham introduced the bill by request, and states that he will let It go before the judiciary committee to see what they thfnk of It. Representative Mattoon, of Douglas, has Introduced a bill providing for a bounty of from 3 to 5 cents on crow scalps. The law is to be a general one, covering all counties in the state, and its object is. to protect game birds. It is set forth in the act that crows are greatly destructive tp birds' nests, and are much given to egg sucking. Mr. Mattoon states that he has a petition signed by 1000 persons fa voring such a law. Word was received today from E. W. Bingham, author of a proposed primary law, that the bill has been transmitted to Salem. It will be introduced tomor row, and hurried to the elections com mittee. While the reading of committee reports was in nrogrpss this afternoon, Stpity, of Multnomah, moved that bills introduced by the Multnomah delegation be all print ed, so that members could act Intelli gently upop them. This motion was the result of the introduction of lengthy amendments to House bill 62, consoli dating the offices of County Clerk, Re corder of Conveyances, and Clerk of Cir cuit Court in Multnomah County. Not tingham and Watson opposed the mo tion on the ground that it would be waste of time, but Stewart, of Jackson, suggested that there were some members on his side of the House that would like to know what the bHls were about. The motion of Story carried by a vote of 24 to 11, and all Multnomah delegation bills, not yet printed, will have to be sent to the State Printer, A bill amending the act creating the Eastern Oregon Agricultural College, was Introduced by Representative McAuster of Union this morning. It reduces the appropriation asked for from $60,000 to $25,000. A change Is also made denomi nating the institution as an industrial In stead of an Agricultural College, and providing for a School of Mines. For the erection of buildings. $20,000 is asked, and $5000 for maintenance. The state owns 620 acres of land near Union, which was purchased to build a branch asylum upon. This is to be used for the college whlph Is also to have any revenue which may be derived from the us.e of the lands. It Is stated that the citizens of Union have promised to furnish an ample supply of water free of charge. Whitney of Linn, acting upon the recom mendation of Governor Geer. in his mes sage, has introduced a bil authorizing the sale of lands lying in Union County, purchased as a site for a branch insane asylum. The State Board is authorized to dispose of the property to the best advantage, and the money derived from such sale Is to be returned to the same tund from which the original purchase price of the property was drawn. This is the same land that the people of Union County want devoted to an Industrial School or Agricultural College. The Panhandle bill, taking; from Union County considerable area and giving It to Baker County, was introduced in the House this morning. Grace, of Baker, fathers the measure, and the advance guard of "boosters" for the bill living In Union County, have arrived and are now at work In the lobby. The bill has not yet been read. In its general provls isnos it takes In all the Panhandle of Urn Ion County, and transfers It to Baker. Opponents of the measure say that Its friends will find It very hard sledding to get it through the two houses. Poorman of Marlon has Introduced a bill, providing that in event anyone engaged in tralnrobblng should kill any, person on a train while carrying out their design of robbery, he or they shall be deemed guilty of murder and punished by death. In cases of tralnrobblng, when no one is killed, those engaged in the busi ness, upon conviction, are to be given Ions terms of imprisonment in the peni tentiary. The committee on game has, introduced a substitute for tjlll 217, for protection of oysters an diopters.. The new bill prq- ?ds arSs Stf iiBARBERSCARRIEDTHEDAY took its place in the regular oraer. The supporters of. the present medical law scored somewhat of a -victory in the Senate this morning when they had Sen ate bill No, 164 referred to the commit tee on medicine and pharmacy. This bill was Introduced by Wehrung, by request, j and proposes the repeal of the present medical law. When the bill was read the ecdhd time Senator Wehmng was absent and Senator Clem asked that the bill be referred to the commltte on judiciary. Senator Joseph! objected to this, saying that he had heard Senator Wehrung ex press the desire that his bill so to the committee on medicine. President Fulton stated that It wap his understanding that the wish of Senator Wehrung was. that the bill should go to the committee on medi cine, but since the Senator was absent he would refer the bill to the Judiciary committee until Wehrung returned. Just before the noon adjournment Senator Wehrung came In and announced his de sire that the bill go to the medical com mittee. The medical committee is composed of three doctors: Josephl of Multnomah, Smith of Lincoln, Tillamook and Yamhill, and Smith of Multnomah. All are of the "regular" school and consequently sup porters of the present law. The committee on education, having House hill 121 under consideration, has reported the following as a substitute, taking the place on the calendar of the original bill: Section 1. All pupils of state normal schools and chartered Institutions In Ore gon, who graduated from such Institu tions before September 1. 1899, under the provisions of acts in force on February 1. 1S1'9, shall be entitled to receive a state diploma or state life diploma on compli ance with the provisions of the acts in force on February 1, 1899. Sec. 2. The State Board of Education Is hereby empowered to issue state di plomas or state life diplomas to all such graduates on compliance with all the con ditions set forth m the acts in force Feb ruary 1, 1S99. An emergency Is hereby declared to ex ist and this act shin be In force and effect from and after Its approval by the Governor. In reply to House concurrent resolution 4, the clerk of the State Supreme Court today submitted the following report: Salem, Or., Feb. 4. To the Honorable House of Representatives of the State of Oregon: Complying with, the requirements of House concuirent resolution No. 4, re lating to the business of the Supreme Court, I respectfully report: That on Jan uary 1, 1899, there were pending and un determined, 251 cases; on January 1, 1900, 219 cases; en January 1, 1901, 203 cases. The number of cases disposed of during the past two years about equals the new cases filed here .and at Pendleton during the same time. An indicating the present condition of the business of the court, it might be proper to add that the transcript in the case of Mayes vs. Stephens was filed Sep tember 19, 1899. and the abstract and briefs rof the respective parties within the time allowed by the rules, so that the cause was entitled to be transferred to the trJ' docket for hearing on November 9, ISM, was heard In its regular order on the 19th day of Pecember, 1900, and decided by the court this 4th day of February, 1901. Respectfully submitted, J. J. MURPHY, Clerk. House bill 59 introduced by Grace, pro viding for punishment for poisoning do mestic animals was passed in the House. It is as follows: If any person shall put out or place any poison, where the same is liable to be eaten by any horse, cattle, sheep, hog, or other domesltc animal of value, the property of another, . with In tent to poison such anjmal, such person upon conyjetion thereof shall be punished by imprisonment In the peltentiary not less than one year npr more than five years, qf by imprisonment In the county jail not less than three nor more thtn 12 months, pr by fine of not less than $100 nor more than $1000. Thomson of Umatilla, having in view the possibility of anyone in Oregon seek ing to emulate Pat Crowe, who success fully kidnaped a son of the wealthy Cud ahy family, has introduced a bill provid ing for the punishment of anyone who en gages in the crime of kidnaping. The act is amendatory to the present law, and Is as follows: Eyery person who maliciously, forcibly or fraudulently takes or entices away any child or minor under fche age of 16 years, with Intent to detain -and conceal such child from its parent, guardian or other person having the lawful charge of such child, shall, upon conviction thereof, be punished by Imprisonment in the state penitentiary not less than one year nor more than 25 years, and by fine not ex ceeding $10,000 Inasmuch as the penalty now provided by law for this offense Is wholly Inade quate, an emergency is hereby declared to exist, and this law shall be In force and effect from and after its passage. The present law fixes the age of the child at 12 years, with punishment not more than 10 years in the penitentiary, or a fine not exceeding $500. The bill Is now in hands of the committee on Judi ciary, and will be reported this week. The Story bill creating the office of Public Administrator in Multnomah Coun ty was reported upon unfavorably by the House judiciary committee today, and the bill is therefore dead. EFFORT TO AMEND SCHOOL LAW. Proposed to Allow Superintendents Traveling: Expenses. SALEM, Feb. 5. Some little discussion was aroused in the Senate this morning by a motion by Marsters to amend the Daly school bill so as to allqw County Superintendents In certain counties to re ceive from the county sums not to exceed $200 per year to cover their traveling ex penses. Senator Kuykendall raised an ob jection to the amendment on the ground that the proposed change would not ef fectually exclude the counties not named. Senator Marsters understood this to be an objection to the merits of his amend ment and took the floor in support of bis plan. He said among other things that the County Superintendent of Douglas County does not perform his duty in the matter of visiting schools, and he thought It would be wise to provide for the pay ment of the traveling expenses of such officials, thus givbig them an incentive to perform this part of their work. Brownell of Clackamas agreed with Marsters and said that the County Super intendent of his county should be paid enough above his salary to cover his traveling expenses. The County Superin tendent, he said, is assured of his salary whether he visits the schools or not. As his expenses come out of his salary, there Js nothing to encourage him to visit schoojs. Brownell said that it does not pay to keep a County Superintendent sit ting in his office with his feet up on the table. Senator Williamson thought the provis ion for expenses should apply to all the County Superintendents. Kuykendall did not care to have Lane County included, and Fulton asked mat Clatsop County be left out. Hunt of Multnomah raised an objection to the merits of the proposed amend ment and said that if the County Super intendents must be paid the amount of their expenses in order to get them to visit schools, the proper thing to do Is to cut their salaries down $200 and then al low them to draw be $300 to cover actual traveling expenses. As the prpppeed amendment was not sat- 1 Isfactory In Its form, it was left for Sen ator Daly to correct and win come up again, with a new list of counties to which the amendment will apply. It will be left to the delegates from each county to say whether their counties shall be Ef fected by the $. HOUSE REFUSED TO RECONSIDER SUNDAY CLOSING BILL, "WeeU - Day Sbavinc Will Be Order as Soon as Governor Sifirns the Measure. SALEM, Or., Feb. 5. Th.- was barbers' day again in the Legislature. They routed the constitutional lawyers In the house, horse, foot and dragoons, and as soon as the Governor signs the bill, the great reform of week-day shaving only will be an accomplished fact, unless the Supreme Court takes a hand. In the Senate the barbers' commission bill, mak ing certain more desirable provisions as to apprentices, and imposing a license fee of $1 per annum on barbers, was passed. In the House the Sunday bill was taken up this afternoon on motion for recon sideration. Dresser of Clackamas led in the debate in favor of the motion. e don't want to override the consti tution," he said; -"it is our guard and our safety. It is our duty to stand by it and pass only such laws as do not Infringe upon It." Mr. Dresser then referred to the several decisions given pro and con for the closing of. barber shops. In Minnesota he showed that there was a general law prohibiting all occupations being followed on Sunday, and that the business of barbering was neither a case of necessity or of charity. It was on this that the decision was given by the Supreme Court of Minnesota, and on appeal to the United States Supreme Court the Judgment of the lower court was affirmed. But the only thing af firmed was that Minnesota had a general law prohibiting all kinds of labor on Sun day, except in cases of necessity or char ity, and that the business of a barber was not of such class. Other decisions were quoted extensively and commented upon. "Here In Oregon," he said, "we have no general law against laboring on Sunday, and if this proposed law be enacted it would be class legislation. If we can legislate so that barbers need not work on Sunday we can just as well pass a Jaw saying they cannot vote. That is just the situation we are in today. It would end with our Supreme Court, In the light of all the authorities presented, saying such a measure was null and void. The barbers are asking us to give them some thing we have no right to give away. They might as well ask -us to give them the Southern Pacific road." Barrett of Grant County opposed the law and favored the motion to reconsider, because the people of his part of the Btate did not want it. The argument made to him by friends of the measure that viola tions of the law in Eastern Oregon would not be noticed, but that the Intent was to force the closing of shops in Portland, was not fair. He was opposed to the bill. If they did not want barber shops opened Sundajs In Portland, let them provide by ordinance for shutting them up. Butt of Yamhill spoke against the mo tion, and said that if it should ever be brought before the Supreme Court the bjll would be upheld. Rice of Douglas made an elaborate argument In defense of the suffering barbers, and Whitney of Linn had just raised up to catch the eye of the Speaker, when Nichols of Benton moved the previous question. Dresser claimed the right to reply to the argu ments raised, but the Speaker put the mo tion and declared the previous question carried, to the disgust of several who had been pluming their feathers for a proper orator.cal flight. The motion to reconsider was then voted upon. The re sult showed a larce majority of votes being In favor of the barbers, a number of whom had been during the entire day busy as ants among the House members. seeking votes against reconsideration. IN THE SENATE. Several Rills Passed More New Measures. SALEM, Or., Feb. 15. The Senate was called to order at 10 A. M.. and opened with prayer by Rev. John Parsons, of the First Methodist Episcopal Church. Senate Bill' No. 176, by Wehrung, to amend the charter of Cornelius, was read three times and passed. Senate Bill No. 177, by Johnston, to incorporate Wasco, was read three times and passed. House bill No. 220, to amend charter or. Stayton, was read three times and passed, with amendments. Senate bill No. 41, by Fulton, to amend the usury laws, was read the third time and passed. Senate bill No. 52. by Sweek, to pro hibit barbering on Sunday, was laid on the table. Senate bill 'No. 42, by Williamson, au thorizing the State Treasurer to employ his clerks, and fixing their salaries, was laid on the table. Senate bill No. 44, by Steiwer, relating to terms of Circuit Court in the Seventh Judicial district, was passed. Senate bill, No. 55, by Smith, of Mult nomah, to regulate the practice of den tistry was passed. Senate bill. No. 66, by Daly, for the sale of swamp lands, was passed. In the afternoon Senate bill No. 58, by Brownell, for holding a constitutional con vention, came up in special order on re consideration. After discussion the bill passed. Senate bill No. 68, by Mulkey, to amend the barbers' commission bill, was passed after discussion. Senate bill No. 70, by Sweek, to amend the Wade bill as to taxation, was passed. Senate bill No. 110, by Wehrung, rel ative to veterinary surgery and creating a state veterinary board, was read and laid en the table. Senate bill No. J61, by Johnston, to in corporate Hood River, was passed. Bills were Introduced as follows: By Brownejl To provide for the ex penditure of the Salmon industry fund. By Smith, of Baker To define fraternal beneficiary societies and to provide the manner of their incorporation. By Wehrung To amend the charter of Cornelius. By Johnston To Incorporate Wasco. By Kelly To amend sections 2561, 2562 and 2565 of Hill's Code. By Kuykendall-To amend section 3955 of Hill's Code. By Hunt To amend the Australian bal lot law. By Ways and Means Committee To provide for sale of state pilot schooner. By Sweek To amend section 2S3 of Hill's code. By Hunt To amend section 2538 of Hill's code. By Fujton To amend the Astoria char ter. By Fulton Tq reduce the legal rate of Interest. IJf THE HOUSE. A Spirited' Discussion Oyer a Rail road Bill. SALEM, Or.. Feb. 5. Rev. Mr. Powell opened the House session with prayer this morning. A feeling of uneasiness had prevailed among some of the members over the accumulation of bjlls now in the hands of the various committees waiting for the regular order of business to be reached. Speaker Reeder called, fdr reports, and nearly every member of the House was promptly on his feet flourishing a report he wished to be filed on the Clerk's desk. There were 161 bills In the hands of the several committees, and the Speaker called for the reports in alphabetical or der as the easiest mode of getting ail the reports in Colvig, of oJsephine asked that House bllfl providing for the reduction of pas senger fares on railroads be taken from the railroad committee and it be relieved from further cpnsjderatfc-n, He claimed there was no further need of delay, and the bill should be surrendered to the House for consideration. He moved that such action be taken, the rules sus pended and the bill made a special order for this afternoon. Story, chairman of the railroad commit tee, opposed this proposed notion, saying that this was not the only bill of its kind under consideration, there being two oth ers. Mr. Story stated that the committee was to hold a meeting this everting, at which the railroad people were to be given a final hearing. These people wore coming from, different parts of. the state, as had been previously agreed upon. They mitrht convince the committee their views were correct; also, they might not, but It j was only fair that they be .given a chance j to present tneir views. Mr. Colvig said every other railroad company In Oregon had voluntarily re duced passengers rates to 3 cents per mile, and It was the duty of this Legislature to compel the Southern Pacific to fall Into line. Whitney of Linn, also a member of the railroad committee, spoke in favor of giving the railroad people an opportunity to explain why It would be dealing un fairly with them to reduce rates or fares. It is the purpose of the committee, he said, to deal exactly right with the State of Oregon and with the railroads. It was I necessary for the committee to secure all the Information possible. "I don't wish to cripple any railroad," be said, "neither do I want td grant them any special favor." Speaker Beeder ruled that the motion In its present form would require a two thirds vote to carry, whereupon Colvig moved that the question be divided. This. . was agreed to. and the first division of the question "Shall the committee he re lieved from further consideration of the bill?" was put but found but few votes in its favor. The motion to relieve the committee was lost. Most of the morning session was devoted to hearing reports from the various com mittees, and Just before the noon hour 54 new bills were introduced. i The following new bills were Introduced today Jn the House: By Hume Providing for expenditure ef unexpended balance In the salmon protec tion fund. " By Story Amending act providing for selection and sale of state lands. By Nottingham Repealing acts grant ing the ioan of money by building and loan associations to their own stockhold ers only; repealing act regulating Incor poration of building and loan and savings associations. By Nottingham Relating to escheats and escheated estates. By Whitney Authorizing sale of la.nd in Union County purchased lor Drancn in sane asylum. By Smith of Marion Authorizing em ployment of additional physicians at the State Insane Asylum. By Eddy Amending charter of Neha lem. By Edson. by request Regulating fra ternal beneficiary corporations. By Hahn Amending law regarding suits In equity. By Hahn To amend Astoria charter. By Hume Amending law regarding the serving of Jurors. By Miller Providing for deputy clerk !n Gilliam County. By Miller Providing for sinking arte sian wells in Eastern Oregon, and appro priating $5000 therefor. By McAUster Amending act creating Eastern Oregon agricultural societies. By Mattoon, by request Amending act creating Southern Oregon agricultural so cieties. By Mattoon Providing for a bounty on crows. By Mattoon (by request) Repealing law for collection of state poll tax and road tax under the present system. By Roberts Amending act creating Eastern Oregon agricultural societies. By Grace To protect contractors fur nishing labor on public buildings. By Grace To annex a portion of Unlor County to Baker County. By. Merrill Amending charter of Ver nonica. "" By Poorman To punish train-robbers. By Dresser Abolishing private seals. By Dresser Amending law regarding custody of stolen property. By JJarrls Making it a misdemeanor to sell intoxicating liquors on the state fair grounds. By Harris Amending act providing for payment Of certain fees to County Clerks. By BrigRS Amending act creating State Board of Horticulture. By Bernard (by request) Repealing act regulating practice of medicine and sur gery In Oregon. By Emmett Providing punishment for 0 PRtf CAHN, V m r yiliip A eiwoft Like all other organs of "the regulated in its action by the nervous system. So absolute is thiJ nervous control of the heart, and pulses of the mind, that its pulsations are fast or slow, strong oj weak, according to the emotions that are in control. Fez arip-er. sorrow, worrv. anxietv. bodily overwork have a very depressing effect on the heart nerves Those persons whose nerves are heart's action is disturbed on every slight occasion, or who arei table, nervous, restless and cannot sleep at night, will find quic and lasting relief in Dr. Miles' Nervine. "I was very nervous and restless and my heart would flutter so bad that it made me faint, and I would fall down unconscious I tried many remedies with no good results and at last I began taking Dr. Miles' Nervine. I found instant relief and a permanent cure in this wonderful nerve remedy." Mas. L. J. Farley, Craig, Neb. Dr Miles N Makes weak nerves strong, builds up the worn-out brain-cell and nourishes, fortifies and refreshes the entire system. To-day is the best time to begin. Sold by druggists on a guarantee. Unpledged for Senator. Because one or more members of the Multnomah delegation to the Leg islature, elected on the Citizens ticket, are voting lor Mr. Corbett for Sena tor, they have been charged with un faithfulness to pledges. Now the fact : is that all the candidates on the Citi zens ticket were specifically unpledged as to United States Senator, in these words: i We accept the tomirations tendered us upon the "Citizens Ticket" without having expressed or having been asked our pref erence for any candidate for the United States Senate. We most .solemnly avow that we are entirely unpledged for any candidate for that Important position, and we each promise that we will, if elected, exercise our best judgment as to whom we will support; and. being uninfluenced by any selfish consideration, will, when tl e time comes, vote for such person as In cur individual opinions is best fitted to icpiesent the Interests of the State of Oregon in the Senate of th United States. (Signed) R. D. Inman, Andrew C. Smith. Alex Sweek, H. A. Smith, G. W. Holcomb, D. M. Watson, A. J. Knott. C. W. Nottingham, F A. Heltkemper, F. P. Mays, J. E. Hunt. John Driscoll, J. J. Shipley. Louis H. Tarpley, G. M. Orton. Otto Schumann, M. B. Thompson, J. T. Milner. The question is for each member of the delegation to decide whether he is voting, as he pledged himself, "for such person as in our individual opin ions is best fitted to represent the in terests of the State of Oregon in the Senate of the United States." improperly constructing barbed wire fences. By Emmett Providing for license tax on stock grazing in counties other than Irt which they are assessed. By Emmett Amending act providing far soldiers' home at Roseburg. By McQueen Authorizing construction of Sluslaw & Eastern Railway & Naviga tion Company. By McCraken Authorizing purchase of statue of E. D. Baker and appropriating $2o00 therefor. By McCraken Making Vancouver ave-J nue a county road. House Bills Adversely Reported. SALEM. Feb. 5. The following bills wore reported back to the House with the recommendation that they do not pass. H. B. 13 Colvig Fixing terms of County Assessors. H. B. 39 Pearce Amending law in re gard to taxation of property. H. B. 45 Story Creating officer of Pub lic Administrator. H. B. 67 Nottingham Providing for re covery of penalty or forfeiture. H. B. 58 Kirk Regulating fees of Justices of the Peace. H. B. 1S4 Pearce Providing for distri bution of school funds. H. B. 185 Pearce For benefit of Ellen Savase. H. B. 204 Cattenach Amending act providing for State Board of Agriculture. H. B. 209 To provide assistance to the Supreme Court. Timber Lands Bring Good Prices. CHEHALIS, Wash., Feb. 5. The sale of three timber claims on the summit cf the Coast Range of Mountains at the head of Elk Creek on the eastern border of Pacific County has just been closed at the highest prices ever paid for timber lands in this section. The purchaser -was the State Bank of Centrallo, as- agent for -the McCormick Lumber Company, of Rock Creek, In this county. The sellers and prices paid were: J. G. Wlnshelmcr claim, $4500; Rube Corbln , claim, $3500; Oren Armstrong claim. $2s00. Sawmill 'Will Be Moved. CHEHALIS, Wash., Feb. 5.-Harry Hawkins, who has been cutting road plank In eastern Lewis County for the county, is about to move his sawmill to some nolnt near Napavine, where it will be operated and the product shipped. The capacity of the plant will be In creased to 20,000 feet daily. BELT & CO., Baltimore, Md. Pure Rye l0l)isKeyx It tastes old because U o 14 AV JL& ja. FLECKENSTEIN MAYER CO,, Sote Distribators Portland, Oregon ear body, the heart is controlled anc so readily does it respond to care, low -SDirits and mental 01 so weak dr so exhausted that thl ervm Db. Miles Medical Co., Elkbart, Ir