THE MORNING OREGONIAN, TUESDAY, JANUARY 13, 1903.
FOUR ARE AFFIRMED
Supreme Court Hands Down
Seven Opinions.
DAVIS' BONDSMEN ARE FREE
Action to Recover for Defalcation of
School-Land Cleric Barred br
Statute of Limitations Durpby
"Verdict Reversed.
SALEM. Jan. 12. (Special.) The Su
preme Court today handed down seven
opinions, of which four are affirmed, while
three are reversed and remanded. Follow
ing are the cases decided:
State t. Davis et nl.
The State of Oregon, appellant, vs.
George W. Davis, E. P. McCornack and
Georgo G. Bingham, respondents, from
Marlon County; G. H. Burnett, Judge;
affirmed. Opinion by Justice Bean.
This was an action commenced by the
tate on June 22,1901, against George W.
Davis and his bondsmen. E. P. McCor
nack and G. G. Bingham, to recover $5000
on Davis' official undertaking as School
Land Clerk, who defaulted the state of
about $30,000. The case was tried on an
agreed statement of facts and without
any pleadings on the part of defendant's
sureties. The statement admitted that
Davis was clerk of the board from August
8, 189L to July 31, 1S95, and that for the
fer!od ending December 31, 1894, he col
ected as such clerk about $30,000 more
than he paid over to the State Treasurer;
that from the period December 31, 1894,
to July 31, 195, he made all payments to
the State Treasurer, as required by law,
all money collected by him; that prior to
January 14, 1895, he made a full report to
the board of all money collected and dis
bursed by him. From the agreed state
ment of facts, Davis defalcation appeared
to have occurred some time prior to Jan
uary L 1893, more than six years before
the commencement of the action to re
cover on the bond. The lower court held
that the action was barred by- the statute
Df limitations, and the Appellate Court af
firms the judgment of the trial court. Su
preme Court holds that question was en
tirely a statutory one, and not a contract
under seal.
In disposing of the case, the opinion
Says: "For the state, the contention Is
that the action Is brought on a sealed In
strument and, therefore, is not barred, it
"having been commenced within 10 years
(B. &'C. Comp., Sec. 5). -while the defend
ant's position Is that it Is an action on a
liability created by statute, and barred
after the lapse of six years. (Id., Sec. G.)
It has twice been held by this court that
an action on the official undertaking of a
public officer for a breach thereof, on ac
count of the delinquency or nonfeasance
of an officer is an action on a liability
created by statute, and must be com
menced "within six years. It was so held
as early as 1S77, In Howe vs. Taylor, G
Or., 2S4, and again in 1900, in Multnomah
County vs. Kelly, 37 Or., L But, Inasmuch
as the state maintains that the question
"was not involved in either of the cases
referred to, "we have been constrained to
re-examine it in the light of the decisions
In other states under similar statutes.
... The theory upon which the adjudi
cations proceed Is the obvious fact that
a bond or undertaking of a public officer
creates no obligation in itself, but is In
the natureof a collateral contract, simply
furnishing a security against the neglect
of duty or the dishonesty of the officer,
and that an action thereon is for the
breach of such duty on, therefore. In
effect, although not in form, an action
against the officer for misfeasance or non
feasance In office, which when barred as
to him is barred as to his sureties."
After citing a number of authorities, the
opinion continues: "So that there seems
to be no basis under the authorities for
the contention that an action can be
maintained on the undertaking of a pub
lic officer when it Is barred as to the offi
cer himself. The sealing of the under
taking In the present case did not change
its character or the liability of the par
ties thereto. It still remained as "a se
curity for the faithful performance by
Davis of the duties of his office, and t&e
liabilities of the sureties are merely for
a breach of such duties. "What tho effect
"was. If any, of adding seals to the sig
natures of the obligators, it is not now
necessary to consider. It clearly did not
change the instrument from a statutory
understanding to a contract under seal,
nor dldjt change the statutory liability of
Davis for a defalcation to a liability on
. contract.
Davii "Was Not a. Trustee.
"It is said that, because the school fund
Is made a trust fund by the constitution
(Const. Or., Art. 8, Sec 2), the statute of
limitations did not commence to run in
favor of Davis until the expiration of his
term of office. He was not a trustee of
the fund, however, holding it under an
express and continuing trust, but was
eixnply the clerk of a board vested by the
constitution -with the control and manage
ment of the fund, with power to collect,
only tbathe might pay over to the State
Treasurer. His duty was to 'receive, re
ceipt for and make Immediate' payment to
the .State Treasurer of such money (Hill's
Ann. Laws Or., Sec- 2726), and -when he col
lected it, correctly charged himself there
Trith on his books and reported the same
to the board, but failed to pay it over, a
cause of action, therefore, accrued against
him Immediately. Where an agent re
ceives or has a fund under an express
end continuous trust, no right .of action
-will accrue until the trust is ended by the
terms of its creation, or by act of the
parties. Qulnn vs. "Gross, "24 Or., ,147;
Shepherd vs Shepherd's estate, 10S Mich.,
S2.) But, "where there is no such trust,
and his only duty is to collect the fund
and pay it over to the owner or some
other authorized person, and he reports
the collection, but fails to make such
payment, the statute commences to run
Immediately. (A number of authorities
are here cited.) The stipulation of facts
upon which this case" was tried recites
that Davis correctly charged himself with
ell moneys collected, and at once reported
to the board, but did not pay over to the
State Treasurer, as by law required, all
that he received prior to the 1st day of
January. 1895, but did so pay over all that
he received after that date There is.
therefore, no basis, under the agreed
facts, for an argument that the statute
did not begin until tho expiration of Da
vis term of office because he concealed
the fact of -his collection or failure to pay
over. According to the stipulation, the
true facts were all reported by him to tho
board, and the defalcation was a mere
matter of calculation, -it follows, there
fore, that this action is barred by the
statute of limitations, and the judgment
of the court below must be affirmed, and'
it is sa ordered."
State vs. Darphy.
State of Oregon, respondent, vs. Brad
ley F. Durphy, appellant, from Multno
mah; Alfred F. Sears, Judge; reversed.
Opinion by Justice Wblverton.
The defendant was convicted of the
crime of-polygamy. In appealing, the
iefendant charged that the Information
was deficient In that It did not allege
that at the time Ihe defendant was said
to have lived and cohabited with Margaret
Ryan In Multnomah County, the said
S. S. Bosworth was then his wife. The
ourt holds that It Is 'Indispensable under
the Statute to show that tho former bus
sand or "wife, as tho case may be, is not
anly living, but is still or was at the al
leged time of tho commission of the of
'ense, the husband or wife of the accused,
oc it may have transpired that tho parties
were In the meantime lawfully divorced
and the fact should so appear in the In
formation: State vs. McCrum, 36 X.
W. 102."
Continuing, the opinion Is as follows:
"Now, to analyze the information. It is
manifest that the pleader did not in
tend to charge a crime by alleging that
the defendant did unlawfully and felon
iously marry Margaret Ryan In the State
of Illinois, because the act would not be
an offense against this commonwealth,
but that the gravamen of the Informa
tion is contained In the allegation that
he lived and cohabited with Margaret
Ryan. In Multnomah County, State of
Oregon, and hence, the Information does
not charge the commission of two of
fenses. The formenallegatlon was meant
no doubt, ae an inducement to the latter,
by showing the second marriage"" of the
defendant and to whom, namely, Margaret
Ryan, the latter making reference to her
as 'the oald Margaret Ryan. The words
'and while she (S. S. Bosworth) was still
PRESIDENT OF THE
GEORGE C. BROWNELL,
SALEM, Or., Jan. 12. (Special.) George C Brownell, of Oregon City, was
born in the State of New York in 1839. "When a very young man he moved to
Kansas, where he was admitted to the bar, and engaged In the practice of law.
He manifested a keen aptitude for politics, and occupied a number of responsi
ble positions. In 1801 Mr. Brownell moved to Oregon, settling in Oregon City,
where he has been a prominent figure In legal and political circles. He has' been
elected to the State Senate three times by the Republicans of Clackamas County,
and has often been mentioned as a candidate for Congressional honors.
his wife, relates, and was intended by
thepleader, to the time of the defendant's
marriage to Margaret Ryan. In the State
of Illinois, and -not to- the time of his
living with her In eald County of Mult
nomah. So that If the Indictment Is to
be eliminated, these words must go with
It, and the Information would then be un
doubtedly bad. It would be unwarrant
able, it seems to us, to thus change the
relation of a clause of the Information,
thereby giving It an entirely different
signification; or, rather, to so transpose
the clause with reference to the context
as to make it apply to tho gravamon of
the offense, when its natural position, and
as designated by the pleader. It could
have no such relevancy. Such a rule
would b2 promotive of irregularity and
perhaps injustice, as it might be mislead
ing as to the specific crime charged, and
the defendant be left without adequate
preparation for his defense. Hence, we
are Impelled to hold that the information
does not charge the crime of polygamy
under the statute. We have examined
the case of State of Oregon vs. Abrams,
11 Or. 169, and others cited by the state,
but they do not reach the vice attending
tho present Information.
"The Judgment of the trial court will,
therefore, be reversed, and the cause re
manded for such other proceedings as may
seem proper, mot Inconsistent with this
opinion."
Culllson vs. Down I riff, Hopkins & Co,
J. E. Culllson, respondent,, vs. F. . O.
Downing and F. H. Hopkins, partners do
ing business as Downing, Hopkins & Com
pany, appellants, from Multnomah; Al
fred F. Sears, Jr., Judge; reversed and
remanded for new trial; opinion by Chief
Justice Moore.
Quatsoe et al. vs. EKKleston.
F. L. Quatsoe and J. B. Quatioe, part
ners, doing business under the firm name
of the Manufacturers' Advertising Com
pany. appellants, vs. W. H. Eggleston,
It .. a t
- ' SNAPSHOTS OF PROMINENT MEN AT THE STATE CAPITOL. " -,
respondent, from Multnomah; M. C
George, Judge; reversed and remanded;
opinion by Justice Bean.
York vs. Nash.
TV. T. York, respondent, va. J. T. C.
Nash, appellant, from Jackson County,
H. K. Hanna, Judge; affirmed, opinion by
Justice Bean.
Hubert vs. Building Association.
Flora Hubert and I M. Hubert, her
husband, respondent, vs. the "Washington
National Building & Loan Investment As
sociation, appellants, from Multnomah
County, Arthur L. Frazer, Judge; affirmed,
opinion by Chief- Justice Moore.
Cox vs. Roynl Tribe of Joseph.
Laura Deane Cox, a minor, by J. P.
FInley, her next friend, respondent, vs.
The Royal Tribe of Joseph, a corporation,
appellant, from Multnomah County. M. C.
George, Judge; affirmed, opinion by Jus
tice Wolverton.
i
STATE SENATE
OF CLACKA MAS COUNTY.
The following orders were made by the
court today:
Idonla Stenchcombc, appellant, vs. the
New York Life insurance Company, re
spondent, ordered on stipulation that ap
pellant's time to serve and file her brief
-bo extended 30 days and that respondent
have. 20 days thereafter to serve and file
Its brief herein.
J. A. ' Baker, respondent, vs. the "Will
lams & England Banking Company, ap
pellant, motion to modify decree overruled.
Aberdeen Brevities.
ABERDEEN, Wash., Jan. 12. (Special.)
The new Council has elected ex-Mayor
Anstie to the position of Marshal, for
which there was an active fight by sev
eral candidates. S. B. Linn has been re
elected to the office of Superintendent of
Public Works, and E. G. Hun has been
re-elected City Engineer. Mayor-elect
West hag made no announcement of his
policy in regard to public affairs.
There are now under way at this place
two large sawmills, with prospect of an
other being located here by the Cody
brothers, of Winona, Minn., who have
been looking over the prospects of Gray's
Harbor.
A petition is being circulated asking the
Legislature to memorallze Congress to
take a portion of the Olympic reserve
lands out of the restriction that is upon
it.
Butte Closing Slot Machine.
BUTTE, Mont, Jan. 12. The authorities
of Butte have begun a determined cru
sade against nlckel-ln-the-slot machines.
Two days ago Mayor Davey ordered the
Chief of Police to close all -machines in
the city, and today the dragnet for those
who still defied the order began. But two
men had been arrested, whet apparently
every machine in the city was at once
suspended.
HOW BROWNELL GOT IT
OX EIGHTEENTH BALLOT SENATE
DEADLOCK IS BROKEN.
Tie Tote With Dr. Smith for Fifteen
Ballots Contest in Good
Spirit.
SALEM, Jan. 12. (Staff correspondence.)
The victors' for Brownell for President
of the Oregon State Senate came only
after a prolonged contest, In which the
leaders of the opposing factions exerted
every effort In their power to win the
fight.
At 10:15 A. M. the Republicans went into
caucus, each side confident of victory on
the first ballot Neither Smith nor Brown
ell participated in the caucus, so that
there were only 22 Republicans In the
party deliberations. The first ballot cre
ated a small sensation when tho count
showed 11 votes for each candidate. Seven
ballots were taken without a change, and
then the caucus adjourned until 1:30. The
Republicans returned to their seats In the
Senate chamber and adjourned the Senate
until 3 o'clock. .
During the recess the leaders worked j
continually to nom tr.eir own torces sunu
and to make a galn of one vote from the
opposition. When the Senators returned
from lunch the Brownell leaders whis
pered to confidential friends that a change
had been accomplished by which Brown
ell would win. The first three ballots in
the afternoon showed no change, and
those who had anticipated a change be
gan to think there would be a deadlock
which would prevent organization and
therefore throw the first Senatorial ballot
over for a week. On the 13th ballot one
of the Smith men voted for Stelwer, but
on tho lith ballot the vote stoodjl to 11
again. The 16th and 17th ballots showed J
one vote for Stelwer, but on the 18th bal
lot the Stelwer vote changed to Brownell
and the contert' was over.
As soon ashe learned of the result. Sen
ator Smith hastened to the caucus-room
and asked that the nomination of Brown
ell be made unanimous. This was done,
and Brbwnell made one of his felicitous
speeches, thanking the "Republicans In the
Senate for the favor and honor conferred
upon him.
The Senate Republican caucus then took
up. the ,work of selecting candidates for
the minor offices. S L. Moorehead, of
Cottage Grove, was chosen for chief clerk;
D. H. Jackson, of Roseburg, Journal clerk;
Frank Motter. of Portland, reading clerk;
Frank MIddlcton, of Portland, calendar
clerk; A. W. Gowan, of Burns, sergcant-at-arms;
J. L. Calvert, of Marlon, door
keeper; William Smith, of Yamhill, mail
ing clerk.
The caucus then adjourned and the Sen
ate convened, when the nominees -were
elected by a party vote In opposition to
the Democrats hereafter named.
The Democrats In the Senate held a cau
cus at 10:15 o'clock, the same hour the
Republicans went into caucus, and in half
an hour they had a full list of candidates
named for the various offices. Having
chosen their own candidates, they whis
pered around among the Republicans that
they were ready to "do business." The
Democratic members have not been be
sieged with applications for places, so they
went hunting for candidates. None of the
men named by them were applicants, but
they received the honorary vote of the six
Democrats. The Democratic nominees
were:
President, Justin Wade; chief clerk, J.
E. Lathrdp; assistant clerk, Ira Campbell;
calendar clerk, L. A. Long; reading clerk.
Burd Hoffman; sergeant-at-arms, General
H. B. Compson; mailing cerk. F. W. Dur
bln; doorkeeper. J. W. "Virtue.
After his election Brownell was escorted
to the president's chair by a committee
composed of Senators Crolsan of Marlon,.
Smith of Multnomah and Stelwer. After
taking the oath of office, President Brown
ell made a brief address In which he ex
pressed his gratitude and high apprecia
tion of the honor conferred upon him, and
said that he would perform the duties of
the position to tho best of his ability and
In such a manner as would command the
respect of the members of the Senate.
Realizing the importance of the position
and the weight of the responsibility, he
would rely upon the support and assist
ance of all the Senators, regardless of
party. In making his appointments ofj
committees the president assured the
Senate that he would disregard factional
lines and consider only the welfare of the
taxpaylng Interests of the State of Ore
gon. The fight over the presidency of the Sen
ate was characterized by no bitterness.
Senator Booth, who was one of the promi
nent figures among tho Brownell forces,
remarked during the noon hour that the
contest differed In this respect from most
of the organization fights with which he
has been familiar. Senator Daly, who was
tho leader of the Smith forces, laughed
over tho situation, and said he would' not
lose a moment's sleep whether he won or
lost. Members of the opposing forces
greeted each other most cordially, and
talked very pleasantly of everything but
politics."
IN THE SENATE.
Ho tv the Preliminary Organization
Was Effected.
SALEM, Jan. 12. (Staff correspondence.)
The Senate was called to order at ex-
actly 10 o'clock A. M. by Senator C. W.
Fulton, who was president of the last
Senate.
Upon motion of Senator Booth, of Lane,
JohrvD. Daly, of Benton, was chosen tem
porary president,, without opposition.
Upon motion of Henry E. McGinn, of
Multnomah, S. L. Moorhead was chosen
temporary chief clerk.
McGinn of Multnomah moved the ap
pointment of a committee ofnve on cre
dentials. The motion prevailed, and the
president named Booth of Lane, Mulkey
of Pdlk. Wade of Union, Hunt of Mult
nomah and Hobson of Marion.
At 10:15 o'clock Booth of Lane moved,
that the Senate adjourn until H o'clock.
The motion prevailed, and the temporary
president announced that all Republican
members would meet In caucus upon or
ganization in the president's office. The
Democratic members went into caucus In
the room assigned to the committee on
Judiciary.
At 11 o'clock the Senato was called to
ELECTED .SPEAKER OF THE HOUSE OF REPRESENTATIVES.
LAWRENCE T. HARRIS, OF LANE C OUNTY.
SALEM, Or., Jan. 12. (Special.) Lawrence T. Harris, who was elected Speak
er of the House of Representatives, Is a native Oregonlan. He was born in -Linn
County, September 13. 1S73. He was educated in the public schools of Albany
and Eugene, and afterwards at tho University of Oregon, from which Institution
he was graduated in 1S93. He then entred the law department of tho Univer
sity of Michigan, finishing his course with the class of 1806. Since that tlnie Mr.
Harris has practiced his profession at Eugene with pronounced success, and has
served continuously as Deputy Prosecuting Attorney for the Second Judicial Dis
trict. He has been a member of several Republican state conventions,' and Is at
present a member of the State Central Committee. Mr. Harris was first elected
to the lower house of the Legislature In 1000. running 300 votes ahead of his
ticket In Lane County. Last Juno he was re-elected by an Increased majority.
order, and the report of the credential's
committee received. The report recom
mended the seating of the hold-over Sen
r.tora and the members heretofore declared
elected at the last election. There being
no contest, the report was adopted. The
Republican caucus not having agreed, the
Senate adjourned until S P. M.
At 3 P. M., the Republicans having
agreed upon an organization, the Senate
was called to order by Temporary Presi
dent Daly, and, on motion of Senators
Fulton, Booth and Mulkey, were appointed
a committee to ask the Chief Justice of
the Supreme Court to administer the oath
of office. The Chief Justice was Intro
duced, lind, after the new Senators had
taken the oath, the Senate proceeded to
effect a permanent organization.
Tho Republican nominees . were elected
In opposition to the Democratic nominees,
the names of all the candidates being
given elsewhere.
The rules of the last Senate were
adopted as the rules of this Senate.
On motion of Senator Fulton, the Sen
ate adjourned as a token of respect for
the lato Congressman Thomas H.
Tongue.
To Talk 1905 Fair nt Boise.
BOISE, Idaho, Jan. 12. (Special.) C. H.
Mclsaac. special commissioner for the
Lewis and Clark Centennial Exposition,
to be held in Portland In 1905, arrived In
the city yesterday. He is here to interest
the Legislature In making an appropria
tion for tho great Fair, and Is meeting
with much encouragement. He will re
main In the city several days.
AFTER NINETEEN BALLOTS (
HARRIS DEFEATS EDDY AND
DAVEY FOR SPEAKER.
Tillamook and Marion Men With
drcTf la Favor of Lane County
Candidate.
SALEM, Or., Jan. 12. (Staff correspond
ence.) Mr. Eddy's defeat was caused by
the division In the Multnomah ranks. This
Is admitted by the Eddy supporters and is
conceded by the Harris men. The caucus
was at all times harmonious. When It
ended the best of feeling prevailed. Mr.
Eddy saw that his election was lmpossl-
slble, inasmuch as on the 13th ballot
Harris, with 19 votes, lacked only five of
being the caucus nominee. Twenty-four
votes were necessary to a choice. Hume
of Curry and Adams of Umatilla were
absent; otherwise 25 votes would have
been necessary for the nomination.
The caucus was held in two sessions-
one In tha morning and tho other In the
afternoon both nearly two hours long.
In the morning session 19 ballots were
taken, In which the votes were about
equally distributed between Davey, Eddy
and Harris. Harris, however, began to
draw more support toward the end of tho
morning session. On the last ballot he
lacked only five votes of winning the
nomination. Davey surprised everybody
by taking the lead at the opening of the
contest. His unexpected support came
from the Eastern Oregon delegation of
six or seven votes, the Clackamas dele
gation of two or three votes, and two or
three Marlon voters. .One or two Mult
nomah men were understood to be voting
for him, also Hayden of Benton, Hawkins
of Polk and Jones of Lincoln. Eddy polled
perhaps 10 Multnomah votes, and four or
five outside votes, Including one from
Marlon and one from Yamhill. The ad
herents of Harris were one or two Multno
mah members, the solid Lane County dele
gation, four or five Southern Oregon
people, and other scattering members
from Clatsop, Washingtpn and Clacka
mas Counties.
The ballots resulted as follows:
Davey. Eddy. Harris.
18 15 14
: IS 14 15
17 14 IS
17 15 15
17 15 15
16 15 16
17 14 15
la 16 15
13 15. 14
19 14 14
19 14 14
19 14 14
17 14 15
16 13 18
17 14 16
16 14 17
16 12 IS
16 13 IS
16 12 19
8
9
10
11
12
13
14
15
16
17
IS
19
Toward 1 o'clock the sojons grew hun
gry from their hard labors In caucus, and
adjourned for lunch. When they met
r.galn at nearly 2 o'clock, Mr. Eddy at
once withdrew from the contest In favor
of Harris. In a neat speech he said that
after an honorable endeavor for the
Speakership he regarded as a privilege tha
opportunity to give way to Mr. Harris.
Mr. Davey promptly followed suit, and
the election of Harris as the Republican
cand.date came by uflanlmous voice.
The caucus then chose the following
candidates for clerks and other officers
of the House. The nominees were elected
by a straight Republican vote in the
afternoon session of the House, which
began at 4 P. M.: a
Chief clerk A. C. Jennings (re-elected).
of Lane.
Journal clerk W. F. Drager. of Marlon.
Reading clerk La Ronda Pierce, of
Washington.
Calendar clerk Frank O. Northup, of
Multnomah.
Sergeant-at-arms W. R. Blshoc of
Multnomah.
Doorkeeper T. W. Wann.
The Democrats held a. rauetis In thn
afternoon, and nominated the following
candidates:
Speaker W. R. Bllyeu. of Linn.
Chief clerk J. J. Whitney, of Linn.
Journal clerk Dexter Rice, of Douglas,
Reading clerk-James Stewart, of Med-
ford.
Calendar clerk E. B. Schow, of Union.
Sergeant-at-arms- Thomas Profflt. of
Baker.
They were not elected.
"Of couse," said Mr. Harris. "I am
highly gratified with the result. "The
contest between Mr. Eddy and Mr. Davey
and myself has been a spirited but friend
ly one, and I am sure that the business
of the Legislature will not in any way
be adversely affected by the Speakership
contest. The gentlemen who competed
with me for thl3 honor will receive full
recognition at my hands. Whenever I
can be of use to them in the work of the
Legislature I shall be glad to serve them.
They will at all times have free access
to me."
"I am very grateful," said Mr. Eddy,
after the caucus, "for the loyal support
I have received. I also feel that the party
Is to be congratulated over the unanimity
and good feeling which finally prevailed
in the caucus. I shall do everything pos
sible to ba of service to Mr. Harris as
Speaker of the House. I predict for him
a successful term In that office, for I have
great confidence in his ability and fair
ness. IN THE HOUSE.
Exnmett for Temporary "Speaker
Hnrrls for Speaker.
SALEM,. Or., Jan. 12. (Staff correspond
ence.) The House was called to order at
10:22 by A. C. Jennings, of Lane County,
chief clerk of the last House.
Whealdon of Wasco nominated Emmctt
of Klamath for temporary speaker, who
'was elected by. acclamation.., ..
Eddy of Tillamook nominated AVC. Jen
nings, of Lane, for temporary chief clerk.
Mr. Jennings was the only nominee, and
was elected.
On motion of Shelley of Lane, seconded
by Eddy of Tillamook, a committee of five
on credentials was appointed, as follows:
Shelley of Lane, Nottingham of Mult
nomah, Burgess of Klamath, Hale of Jo
sephine, and Claypool of Lane.
On motion of Judd of Marlon, a commit
tee on organization was appointed, as fol
lows: Judd of Marlon, Bllyeu of Linn, Haw
kins of Polk, Reed of Multnomah, and
Miles of Yamhill.
On motion of Kay of Marlon, the House
adjourned until 2 P. M.
The House was called to order at 4 P.
M. by Speaker Emmett.
Report of the committee on credentials
was read, and on motion of Whitney of
Lane was adopted.
Report bf the committee on organization
was submitted, and on moition of Gault
of Washington was adopted.
L. T. Harris was nominated for speaker
by Edwards of Lane. The nomination
was seconded by Eddy of Tillamook and
Davey of Marlon.
Robblns of Baker nominated W. R. Bll
yeu, of Linn. Harris was elected by 44
votes, all the Republicans voting for him.
On assuming the gavel, Speaker Harrir
made a few felicitous remarks, whlcb
were received with applause. The follow
ing nominees of the Republican caucus
were then elected by the House, each re
ceiving the full Republican vote:
Chief clerk A. C. Jennings, of Lane.
Assistant chief clerk Fred Drager, of
Marion County.
Calendar clerk Frank O. Northup, of
Multnomah.
Sergeant-at-Arms W. R. Bishop, of
Multnomah.
Doorkeeper T. W. Wann, of Polk.
Mailing clerk L. M. Pierce, of Washing
ton. Pages Penryn Kantner, Lee Davis,
Frank Hogan.
Representative Gault announced tho
death of Thomas H. Tongue, Congress
man from the First District, and tho
House adjourned out of respect to his
memory.
New Lewis County Officials.
CHEHALIS. Jan. 12. (Special.) There
was a change all around today among
the Lewis County officers. Retiring Coun
ty Assessor S. 12. Grimm took charge of
the Treasurer's office. A. T. McDonald,
formerly Deputy Assessor, will be chief
deputy In the Treasurer's office, and
David Rogers will be second deputy.
Peter Summersett, the new Assessor, will
have no deputy for the present. Auditor
Albert Schooley, who Is entering on his
second term, hag no regular deputy. The
new Sheriff, Henry Urquhart, has selected
Howard Darrah, ql Winlock. as his chief
deputy. M. A. Langhorne succeeds
David Stewart as County Attorney.
Charles Gelger Is the new Surveyor,
and will have Wesley Beach as his
deputy. County Clerk B. H. Rhodes la
entering on his second term, and will re
tain his present deputy. Miss Joslo
Schooley. County Superintendent George
A. Spencer will not relinquish his office
until next August. Albert Sears succeeds
himself as Commissioner in the First Dis
trict; in the Second District, Henry Foster
holds over, and In the Third District J.
W. Ferrler Is succeeded by W. A. H.
Birley. Politically, the Auditor and At
torney are Democrats, and the rest of the
county officials arc Republicans.
New Trial In Montana Sheep Case.
BUTTE, Mont.. Jan. 12. A Helena spe
cial eays that the Supreme Court has
granted a new trial in the celebrated
Broadbent and Donaldson sheep-etealing
case from Dawson County, on the ground
that the lower court committed errors
during the trial. Donaldson and Broad
bent were two of the best-known stock
men of Dawson County, both being
wealthy. Each received sentences of
eight years for alleged theft of bands of
sheep.
Eczema, No Care, No Pay.
Your druggist will refund your money If Paio
Ointment falls to cure Ringworm, Tetter. Old
Ulcers and Sores, Pimples and Blackheads on
the face, and all skin diseases. CO cents.