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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 29, 1903)
THE MORNING OREGONIAN, THURSDAY, JANUARY 29, 1905. DOUBT IF IT'S VALID Question as to Referendum Amendment. LOWER HOUSE-WANTS TO KNOW Adopted "While Other Amendments Were Pcndlnpr, and That Is "What the Constitution Forbids. SALEM, Or., Jan. 2S. (Staff correspond ence.) The question of the constitution ality of tho initiative and referendum has been raised in the House. The matter was considered a short time today, but the discussion was getting- so deep that the House decided to postpone the ques tion until next Wednesday at 2 P. M. When the initiative and referendum was proposed in 1S99 five amendments were then pending in the Legislature or before the people. One of these was for woman suffrage. The constitution provides that while an amendment or amendments are awaiting action of a Legislature or of the electors, no additional amendment or amendments shall be proposed. The con stitution reads: Sec 2. Art. XVIL If two or more amend ments chall be submitted in such manner that the electors shall vote for or against each of euch amendments separately, and while an amendment or amendments which have been agreed upon by one Legislative Assembly shall be awaiting the action of a Legislative Assem bly, or or the electors, no additional amend ment or amendments shall be proposed. The question of the constitutionality of the initiative and referendum was raised last Monday by the committee on resolu tions. Davey chairman, which reported against the adoption of two resolutions for constitutional amendments, which were adopted in the Legislature of 1S0L One of these resolutions was to change the time of slate elections from June to November. The other was to authorize state Institutions at other places than Salem. These resolutions are now ready lor second passage. The discussion on the floor of the House thus far has been on these two resolu tions, but everybody understands that the initiative and referendum is involved in the outcome of the discussion in the House. Both the resolutions have been adopted by the Senate at this session. The constitutionality of other proposed amend ments now up for second passage is also involved. One of these is to empower the Legislature to provide for the election and compensation of the State Printer. An other is for "home rule for municipali ties." Another is to eliminate from the constitution section 35, article 1, relatlng- to mulattoes and free negroes. II tno decision of the House committee on reso lutions should be sustained, these five proposed amendments could not be re ?agarded as now pending, and, In order to lave them incorporated Into the constitu tion, they would have to come up in this Legislature for first passage. They would then, have to be adopted by the Legisla ture of 1S05. and by the people in 1903. The question had been made a special -order of business for this afternoon, but action was deferred at the suggestion of Mr. Malarkey, and on the motion of Mr. Eddy, -for one week, in order to enable members of the House to study the sub ject more tdoselv. Mr. Malarkey made .an able speeebfeon ihe question, and held "the attention of the House closely for fully 10 minutes. He at first had Inclined to the opinion that a new amendment was innitntea wmie anotner was penaing, oniy when the two related to the same sub ject. His remarks today showed that he was approaching closely to the conclu sion that all proposals for amendment -were inhibited while others were pending in the Legislature or before the people. " "And," said Mr. Malarkey, "there was good reason and good logic In the position of the constitutional convention that the constitution must remain the same be Iween the time that an amendment is proposed and the time that it is ratified. The constitution should be en entity. If amendments are proposed, this should not be done before preceding amendments are .disposed of" Mr. Malarkey went on to say that if one amendment were proposed while another was pending, the second in sequence, If ratified, would not be an amendment to the constitution, as that instrument exist ed when the second amendment was pro Ijosed. The speaker said further that when one Legislature proposes amend ments, the next Legislature apparently las no power to do likewise only to rati fy or reject the amendments proposed by the preceding body. "I am frank to say," went on Mr. Ma larkey. "in view of the seriousness of this subject and the question it may bring' be fore the Supreme Court (referring to the Initiative and referendum) that I wish the constitutional section in the question might not receive this literal construction. 33ut the more I look into the section the more I am impelled to the conclusion that it means plainly just what -it says." The speaker analyzed the two clauses of the section by saying that they were- In dependent in sense of each other. He be lieved that . several words had been dropped unknowingly from the instru- ment somewhere m its formulation. He !bad studied the Indiana constitution, after which the Oregon Instrument had been modeled. In fact, the section of the Ore gon constitution was identical with the corresponding section of the Indiana con stitution, with the omission of the words necessary to the grammatical sense and structure of the section. Tho omitted words follow the word "submitted" In the first clause, and as thus filled out the clause reads: "If two or more amendments shall be submitted (they shall be submitted) in such manner that the electors shall vote lor or against each of the amendments separately." The words omitted- are Indicated above in brackets. house: discusses clerks. Shows Spirit of Economy and Caution. SALEM, Or., Jan. 23. (Special.) An ecno or. tne recent senate debate ove clerks was heard in the House this morn ing. The enrolling committee reported that it aid not nave enough clerks to car ry on its work, and that tho business of the committee was dragging in conse quence. Hodson, one of the committee, Introduced a resolution to authorize the committee to employ all the clerks it re quired. His motion to put tho resolution through at once without referring it to the committee on resolutions failed, and tne resolution went to tnat committee. The resolution is significant. Inasmuch as the stability of the Kuykendall clerkH ship law in the House is in question. That law has already been rendered nugatory in tne senate. Tho argument against the resolution was that it would open the way for every committee to get tne same ravor from the House, and that, therefore, the old ex--travagance as to clerks would be repeated. The opponents of the resolution held that the committee on clerks should recom mend new clerks when the several com mittees needed more, and that the clerks should bo elected by the whole House in the regular manner. The advocates of the resolution contended that this system was what "was hampering the work of the Souse. Those who spoke for the resolution were Hodson, Hermann, Judd, and those who opposed were Kay and pneips. "If we step over our rule In this case. said Mr. Kay, "other committees will have to be allowed more clerks also." Mr. Hermann said that the committee already had three clerks an insufficient number. "If we have to have more clerks," re sumed Mr. ICay, "let us get them in a business-like way. I think this resolu tion should be referred to the committee on clerks, and that the clerks should bo elected by this body In the usual manner." "If the several gentlemen,' saw air. Hodson. referring to the men who opposed the resolution, "wish to tie up the busi ness of the House, they can do so by this procedure." Mr. Hodson said business would be hold up every time more clerks were needed. Mr. Phelps sided with Mr. Kay. He said the same request would come from other committees, and that it would have 'to be granted. Mr. Judd said he favored economy as much as did anybody, but prompt work was necessary- The men on a committee should have the right to select clerks who they knew would do competent work. Mr. Kay replied that he did not wish to retard the work of the House by insuffi cient number of clerks. He said the reso lution simnlv oDened un the way to ex travagance In clerk hire. He thought tho clerks should come from tho committee according to the law. A motion to suspend the rules and withhold the resolution from the commit tee on resolutions was lost, and the reso lution was referred. FOR THE FEEDLB-MIXDED. Senator Svreek Propose to Establish Institution. SALEM. Or.. Jan. 2S. (Special.) The establishment of an Institution for feeble minded children and cplloptlcs is proposed by Senate bill 11S, introduced by Senator Sweek. The bill provides that such an In stitution shall be conducted in one of the state Institutions in Marion County, under supervision of the Governor, Secretary of Stato and Superintendent of Public In-, structlon. A superintendent and such other officers as are necessary are to bo appointed by the board. Section S. Every child and youth resld- 3 and 21 jjkars, and females between the ages of 5 and zi years, wno oy reason oi deficient intellect are rendered unable to acquire an education In the common schools, and epileptics of the same age, aro entitled to receive such physical and mental training and care as Is provided In the sld institution, at the cxper so of tho state. The term 'feeble-minded, as used in connection with this institution, shall be construed as to Include idiotic chil dren, and tho said board shall provide a custodian or asylum department for the care of such as cannot be benefited by educational training. The said board is hereby authorized and required to utilize the labor of tho Inmates of the said Insti tution as far as may be conducive to their health and best Interests, under the di rection of tho superintendent of the said Institution, subject to the approval of the said board. The County Superintendent of Schools in each county shall on Octo ber 1 of each year report to the superin tendent of the said institution the name. age and postoffice address of every person in his county of tho children who by reason of mental, feeble and physical con dition are deprived of a reasonaoie tie- jrree of benefit from thei common schools, and state therein whether such person has ever attended school, and, if so, hdw long, and also give the postoffice address of the parents, guardian or nearest friend or such person. "Pupils not otherwise provided with clothing shall be supplied by the super intendent of such institution, the cost of which, if there be any, with that of the transportation of the pupil, shall stand as an account against him or his parent or guardian, and, being duly cer tified to by the supenntenaent, snau do presumed to be correct in all courts, A certified copy of the amount tnereor snau be transmitted to tho County Auditor or the county of the pupils residence, who shall proceed to collect it in the name of the county, and pay tne same to tne State Treasurer. At the same time the account is forwarded to the Auditor, a duplicate shall be sent to the State Audi tor, who shall credit tho institution witn the amount, and at the same time charge it to the proper county. If it is made to appear by the affidavits of three disinter ested persons of such county, not oi Kin to an inmate, his parents or guardian, that tho same ought not to be collected from them or either of them because of their financial condition, then the Audi tor shall credit the same to the state and reDort that fact to the Board of Commls sloners, which board snau direct its pay ment to the state out of the county runa." THEATER BILL NOT PASSED. Hutchinson "Withdraws Measure to Prevent Aisle Crowding. SALEM, Jan. 2S. (Special.) Representa tive Hutchinson's bill to prevent over crowding of theaters was withdrawn at his request in the House today, in the face of probable defeat. The committee on health and public morals, to whom it was referred, reported in Its favor, but the measure encountered opposition as soon as it came up for final passage. Cornett of Linn began the opposition by asking what class of amusement places would be af fected by the act, and by saying that, while the act might be a good one for cit ies, it would not be acceptable In the country. -Mr. Hutchinson responded that the bill was to prevent obstruction of aisles and exits in auditoriums, theaters and places of public meeting and worship. He said that proprietors of theaters, for example. frequently sold the space in aisles for seats, thereby endangering the lives of people In case of fire. The argument against the bill was that regulation of the kind proposed In the bill should be by city authorities. This was the opinion of Mr. Nottingham. v Mr. Kay said the bill might lead to seri ous complications. Hardly a day passed but chairs were placed In the aisle of the House, for example. He did not see how the act could be enforced. Mr. Judd favored re-referring the bill. Mr. Cornett thought the matter should be left to city ordinance. "The city," said he, "can regulate these things." The bill may be good for Portland or Salem, but as a state measure he opposed It. Banks moved that the bill be re-referred to the committee on health and public morals. Mr. Hutchinson, chairman of that committee and father of the bill, said that his committee had already considered the bill, and had reported it favorably. Mr. Orton echoed the same sentiment. The motion to refer the bill back was lost, and when the measure came up for passage it was lost In the debate Mr. Malarkey said he was opposed to the bill. The question was too small for treatment by the Legislature Under the charters of cities, power to regulate matters of this kind was in the hands of the municipal authorities. "We have too many laws of this kind already on the statute-books," concluded Mr. Malarkey. Mr. Hutchinson then withdrew the bill. Oppose Repeal One-MIle-LImit Law. BAKER CITr, Or., Jan. 28. The mine owners of this part of the state are mak ing a determined fight against the repeal of the one-mllc-limlt law, which prohibits tho opening of a saloon within one mile of any incorporated mine. A petition, which is being generally signed, is in cir culation to be presented to the Legisla ture, remonstrating against the repeal of the law. Most of the leading business men have signed the petition. River Falling; at Oregon City OREGON CITY, Or., Jan. 2S.-The W1L lamette River Is falling slightly tonight. It is expected tb fall fast tomorrow. The mills and factories will probably resume work Friday. . The river fell several inches this afternoon, both above and be low the falls. Around the falls a spec tacular view is presented, ana the river Is a raging torrent. TO MAKE BAKER PAY UP THE OLD PANHANDLE ROW - PEARS AGAIN AP- Union County Wants Matter of State Taxes Eaultably Ad justed. SALEM. Or., Jan. 2S. (Staff Corres pondence.) Senator Pierce of Union, Wal lowa and Umatilla counties, proposes to make Baker County "do the square thing" In the Panhandle annexation mat ter. Baker County got the Panhandle away from Union County In the last session of the Legislature, and now Pierce has introduced three bills which aro In tended to make Baker County boar her share of taxes, according to her Increased proportion of property by reason of the annexation. The first bill Is Senate bill 14?. It re cites .that at the session of 1901 a law was enacted requiring Union County tb pay .0202 of the state taxes, but that by reason of the annexation of the Pan handle to Baker County, property to the amount of $150,000 was taken out of Union and addded to Baker: that by reason of this change. Union County's proportion of the state taxes should have been but .0222. and that the county should have paid $3000 less taxes for IDOL The bill provides that the state treasurer shall credit Union County with 73000 on its taxes for that year. ' Tho second bill. Senate bill 144, proposes to amend the general tax law so as to require Baker County to pay .0233 of the state taxes instead of .0195, as provided by the act of 1901, and to reduce Union County's proportion to .0222 Instead of .0202, as specified before the Panhandle was added to Baker County. , The third bill. Senate bill 143, recites the facts regarding the change In the proportion of property in each of these counties and proposes that the change in tho. proportion of taxes as set forth in the preceding bill shall be made to apply to the taxes for 1902. Thus in the three bills Senator Pierce hopes to relieve Union County from tho payment of more than her fchare of state taxes from the date the Panhandle bill took effect two years ago. As will be noticed, the first bill, which proposes to relieve Union County of the payment of 53000 does not provide that this sum shall be paid by Baker County When asked how the state will get this $3000, Senator Pierce replied: "Oh, that is easy. The bill will be re ferred to the judiciary committee, of which Senator Rand of Baker Is chair man, senator Rand will nave tne bill amended so as to require Baker to pay that 53000. Senator Rand and I are work ing together. He is as desirous of hav ing the matter "equitably aq justed as I am, and will not oppose requiring Baker county to pay her share of the taxes." TO BREAK UP SHOE-STRING. Senator Stelwer Propones New Ap portionment Bill. SALEM, Or., Jan. 2S. (Special.) Sena tor Steiwer's re-apportionment bill pro poses only so many changes in tho Sena torial and Representative districts as are necessary to break up the "shoe string" districts in Eastern Oregon. Wasco County is now in the 20th Sena torial district with Sherman County, In the 21st district with Gilliam, Grant, Sherman, Wasco and Wheeler, and the 9th district with Crook, Klamath and Lake. Steiwer's bill proposes to put RECORD OF THE OREGON LEGISLATURE Bills Passed by the Senate. S. B. S. by Marsters To provido for death executions at Stato -Penitentiary. Passed January 27. S. B. 10, by Stelwer To regulate carriage of sheep by express. Passed Janu ary 21. S. B. 14. by Mays Classing bicycles with horses in the law to punish larceny. Passed January 26. i S. B. 27, by. Myers Giving crematories same exemptions as cemeteries. Passed January 27. ' S. B. 28, by Smith of Multnomah To create a State Board of Health. 5. B. 31. by Crolsan To prevent stock running at largo in . Marlon County. Passed January. 2C. ' 6. B. 34, by Sweek To provide manner of proving existence of foreign corpora tions. Passed January 27. Sj. B. -41 To permit state fair board to control Its own printing. Passed Janu ary -27. 5. B. 57, by Myers To define the rights of riparian owners. 6. B. 75, by Daly Relative to examination of commercial fertilizers. Passed January 27. S. B. 78, by Daly To require that schools be kept open not less than four months In each year. S. B. 81, by Pierce To appropriate 520,000 for Eastern Oregon Agricultural Experiment Station. Passed January 27. S. B. 85, by Crolsan Amending Third Judicial District Circuit Judgeship act. Passed January 20. S. B. 06, by Smith of Umatilla Relative to issuance of certificates for practice of medicine. Passed January 27. S. B. 37, by Stelwer To require peddlers to pay license fees. Passed January 27. S. B. 102, by Daly Providing thai state shall carry Its own fire insurance. Passed January 27. S. B. 116, by "Wchrung To authorize counties to appropriate money for adver tising purposes. Passed January 27. S. B. 119, by McGinn Authorizing construction of suspension bridge at Oregon City. Passed January 26. Tho following incorporation acts: Prlnevllle. Bills Passed by the House. H. B. C, by Davey To amend Third Judicial District Judgeship act. Passed January 21 H. B. 8, by Phelps To prescribe method of constructing fences in Eastern Or egon. Passed January 23. H. B. 16, by Riddle Regulating titles of insurance companies. Passed Janu ary 27. H. B. 24, by Reed Relating to proving of official documents. H. B. 47, by Kay Relative to garnishment proceedings against public employes. Passed January 26. H. B. 49", by Banks Relating to execution and acknowledgment of deeds in foreign countries. Passed January 26. H. B. 51, by Hale Relative to salaries of certain Josephine County officers. Passed January 26. H. B. 04, by Burleigh To change time for holding county court In Wallowa and Harney Counties. H. B. 57, by Nottingham Relating to pay for patients In Insane asylums. H. B. 75, by Eddy To provide that statute of limitations shall not run against the state. Passed January 23. H. B. 78, by Whealdon To authorize City of The Dalles to issue additional water bonds. Passed January 23. H. B. 80. by Phelps To regulate election of Road Supervisors. Passed Janu ary 27. H. B. 91, by Burgess To create Stockman County. Passed January 23. H. B. 04, by Phelps Regulating Deputy District Attorneyship of Sixth Judicial District. Passed January 27. H. B. 109, by Both To relocate county seat of Columbia. Passed Jan. 27. II. B. 117, by Burleigh Relating to pay of Wallowa County officials. H. B. 137, by Hermann Fixing salaries' of county officials. H. B. 141,. by Both Fixing salary of Columbia County Judge at $1000. The following incorporations acts: Clatskanle, Sublimity, Rainier, Dallas, Mer rill, Wasco, Wlllamlna, Falls City. Bills Passed by Both Houses. II. B. 1, by Malarkey To appropriate $500,000 for the Lewis and Clark Fair. II. B. 77. by Cornett Authorising construction of a free ferry across the "Wil lamette at Harrlsburg. The following charter bills: Adams, Lexington, CoquiUe, Bandon, Ashland, Cornelius, Milwaukle, Stayton, Eugene, Salem, Elgin, Enterprise. Signed by the Governor. S. B. 04, by Marsters To create irreducible school fund for Douglas County. Signed January 26. II. B. 58, by Fisher For a flreboat at Portland. Signed January 26. H. B. 101, by Reed Portland charter bill. Signed January 23. j H. B. 10S, by GUI To levy tax In Multnomah County for support of library. Charter bills for Corvallls, Alamo and Tho Dalles. Joint Memorials Adopted by Both HoHses. S. J. M. 1, by Mays Memorializing Congress to construct locks and canal at the dalles. S. J. Mi AK by Mulkey Supporting President Roosevelt In his attitude toward trusts. S. J. M. 0, by Miller Memorializing Congress for popular election of United States Senators. H. J. M. 1, by Glnn Memorializing Congress to pass bill for relief of settlers of Sherman County. Joint Resolution Adopted by Both Houses. S. J. R. 1. by Mulkcy Amending constitution empowering election of State Printer by Legislature, ' Wasco in the 20th by Itself, make the 9th district of Klamath, Lake, Crook and Grant, and the 21st of Sherman, Gilliam and Wheeler Counties, thus retaining the present number of Senators for the three districts, but forming the districts moro compactly. Under the present law the 21st Repre sentative district is composed of Wasco, Crook, Klamath and Lako Counties, with three Representatives, and the 29th of Wasco, Gilliam, Grant, Sherman and Wheeler, with three Representatives. Steiwer's bill proposes to make the 21st district of Klamath, Lake, Crook and Grant, with two Representatives, the" 2Sth of Sherman, Gilliam and Wheeler, with two Representatives, and the 29th of Wasco, with two Representatives, thus giving the counties the sara representa tion,' but making the districts smaller. NEW IRRIGATION LAW. Senator Williamson's 11111 Proposes Many Chnngrc. SALEM, Or., Jan. 2S. (Special.) Senator Williamson's bill for the amend ment of the arid land law proposes a number of radical changes In the law under which Irrrigatlon companies may secure contracts for the reclamation of arid land. The "present law provides that persons wishing to purchase land held under an irrigation contract must secure a certificate from the lien holder to the ef fect that the Hen has been satisfied, when the purchaser will be entitled to a deed from the state. The Williamson bill pro vides that payment shall dc made to tho state, the purpose being to prevent the irrigation companies from securing title to the land through the medlumship of "dummies." Tho bill also omits that clause of the present law which gives the companies exclusive control and possession of the land covered by their contracts, rrom and after the signing of their contracts, it requires three years' residence and the reclamation of not less than 20 acres or land, as an evidence of actual settlement, before the purchaser can secure a deed to the land. Tho purpose of this Is also to prevent the land from passing into the hands of others than actual settlers. The bill provides that when the Hen of the Irrigation company has been paid, the ir rigation works shall belong to the set tlers who have purchased the lan. BILL PAILS BY ONE VOTE. Blnklcy's Measure to Detect Cattle Thieves. SALEM, Jan. 2S. (Special.) Representa tive Blakley has a bill (No. 44) designed to protect the honest stockholders of Eastern Oregon; but the House managed to get Into a good deal of a tangle over it this afternoon. It .Is the design of the bill to prevent the destruction of hides by slaughterers of cattle who have bought them from thieves, and want to remove all marks of Identification. It is required that persons engaged in the business of slaugh tering cattle shall keep a record of the same, open for public inspection. Any person not regularly in tho business of slaughtering cattle must keep hides in his possession for 30 days, and must show them to any owner of cattle who demands. Cornett of Linn objected to the measure. He occasionally killed a beef, and he did not want to be required to keep the hide 30 days. There was very little argument, as the Eastern Oregon members evidently expected the measure to go through. And it did, apparently. The chair announced that the bill had 34 ayes, 19 noes; but it was afterwards discovered that it had only 30 ayes, one "Short of the necessary consti tutional majority. So the bill failed. The Eastern Oregon men became active after the defeat, and .persuaded the House to reconsider the vote and recommit the bill, on the understanding that Its objec tionable features should be eliminated. North Powder, Bourne, Dufur, New Astoria, The label on Monopole Fruits and Vegetables Is a beautiful blue, Your grocer can supply you with this brand. Take no substitute KERR BROS., Monopole Grocers and Dry Coffee Roasters. DR. SMITH IS CAUSTIC SCALPS SENATOR MILLER FOR OP POSING HEALTH BILL. Linn, Cormty Senator' Hail Measure ' of His -Own But Smith's Passes the Senate. SALEM. Or., Jan. 28. (Staff Corres pondence.) The Board of Health bill in troduced by Senator A. C. Smith of Mult nomah was the moans of throwing some interest Into the deliberations of the Sen ate this afternoon. The bill was passed with but one dissenting vote, but only after a lively debate In which Senator Smith's vigorous and cutting style of dis cussion was the predominant feature. "When the bill was placed in third read ing, Senator Smith made a very eloquent, comprehensive and explicit statement of Its purposes ana the need of Its, enact ment. He cited a large range of statis tics showing the good that has been accomplished In other staces and coun tries under tho work of competent boards of health. In the course if his remarks Senator Smith paid a compliment to tho efficiency of the government service in Cuba and the Philippines in improving the sanitary conditions and reducing the number of deaths from disease. At the close of Dr. Smith's address the argu ment In favor of the bill seemed to be so satisfactory that the bill would pass, but Senator Miller, of Linn, did not see it that way. Senator Miller secured the floor and made an argument against the bill, argu ing that his own bill, Senate bill 6, pro vides a sufficient health law, without making an appropriation, while the Smith bill requires an appropriation of $5000 a year. He made a plea for the taxpayer. His opposition to the bill was principal ly upon the ground that his own measure was a better one, and this was all that was necessary to bring Senator Smith to his feet. "Senate Bill No. 6, which tho Senator from Lebanon wants passed, Is a private production not deserving of our atten tion," ho exclaimed. He explained that though the bill carries no appropriation, neither does It provide a practical means of establishing quarantine, keeping vital statistics or preventing the spread of diseases. Then the doctor got out his oratorical scalpel and pierced the Sena tor from Linn with: "If tho Senator's head were as wido as his palm, he would have seen that this bill Is not sufficient to accomplish the end desired." Ho then read tho section which speci fied that a person entering a quarantined house should change his clothes, etc, and Dr. Smith's comment was: "He should have also specified the cali ber of the comb that shall be used in removing the hayseeds from his hair." Senator Smith's second address fur nished no small entertainment for the members of the Senate and tho visitors In tho lobby. No one seemed to enjoy the doctor's caustic remarks more than the Senator from Linn, who was the recipient of the doctor's compliments. The bill passed with but one dissenting vote. A bill to do away with co.unty-seat fights in the Legislature has been Intro duced by Representative Gill. The meas ure provides that whenever tho Inhab itants of a county desire to move their county seat they shall present a petition to their County Court praying for the removal and mentioning the proposed towns or cities to which the cbunty seat Is to be moved. If such petition con tains three-fifths of the voters of the county, the question Is to be submitted to an election. Three-nfth3 of the votes are to be necessary for a change of loca tion. This same bill was presented to the Senate by Senator Myers. Representative "Webster is fathering a bill to make Sheriffs, Deputy Sheriffs and Constables ex-officio "Wardens of fish and game. Tho bill provides that such offi cers may be punished for failure to per form their duties. They are to be required to protect forests and timber lands from Are, and game and fish from unlawful de struction. They are to" have power, with out warrant, to search and examine any boat, conveyance, vehicle, fish box, fish basket, game coat or game bag or other receptacle for gamo or fish when they have reason to believe that the laws have been violated. They are empowered also to seize any game or fish which they have reason to suspect has been secured by unlawful means, and no citizen may re cover for damages resulting from such search or seizure. Representative Test has introduced a bill to amend tho jury law. In all actions three-fourths of the number on a jury are to be sufficient for a vexdict,.,exccpt in actions in which is Involved a charge pun ishable, on conviction, with death or im prisonment in the penitentiary. In the latter cases the verdict is to be unanimous. In an Inquest jury two-thirds are to be sufficient for an inquest. Representative Both has Introduced a bill to fix the salaries of officers of Co lumbia County as follows: Sheriff, $1400; deputy, $300; County Clerk, $1400; clerical assistance, 5300; Treasurer, $C00; Assessor, $1000; County School Superintendent, $SC0. Representative Hines has Introduced a bill to prevent the marriage of persons afflicted with tuberculosis or syphilis. "No County Clerk," says the bill, "shall Issue a marriage license to any person or per sons unless such person or persons shall each furnish a certificate from a legal practitioner of medicine, sworn to before a notary public, certifying that ho or she is free from tuberculosis or syphilis." Galloway of Yamhill introduced a bill yesterday In the House to authorize Coun ty Courts to protect macadamized roads by placing obstructions on the sides of highways, and to provide penalties for the removal of such obstructions. The ob structions are to be placed not nearer to gether than 100 feet. The bill Is intended to prevent wearing down the sides of roads to the Injury of macadamized por tions of roads. Boards of Plumbing Examiners, who shall Issue licenses to plumbers arid regu late plumbing in cities of more chan 5000 people, are to he created by a bill in the House introduced by Representative Bai ley. The bill requires both master and journeymen plumbers to secure a license before they shall be permitted to engage In their trade. Each board is to consist of the president of the Board of Health, the Inspector of Plumbing and three prac tical plumbers, who shall be appointed by the Mayor. These boards are to examine applicants for licenses. City Councils are required, within three months after pas sage of the act, to prescribe rules and regulations for construction, alteration and inspection of plumbing. No plumbing work Is to be done until a permit has been Issued therefor upon such terms as the Inspector of Plumbing and Drainage of the city in question shall prescribe. Fraternal Insurance corporations are to be required to secure permits and licenses from the State Insurance Commissioner, according to a bill introduced by Repre sentative Hodson. Such associations are to be required to submit complete reports to the Commissioner as to their organiza tion and financial standing. The bill 13 a long one, and its provisions are far-reaching. Representative Davey, of Marion, has Introduced a bill to Increase the annual appropriation for the State Fair from $SO00 to $12,000. A bill to authorize the City of Port land to license and tax the digging, exca vating, mining, quarrying and blasting of earth, sand, gravel and rocks has been in troduced by Representative Hodson. "Speak up," is the advico President Brownell gives the members of 'the Legis lature almost dally when they are assem bled In joint convention for the purpose of voting for candidates for the Senatorship. But, notwithstanding the Injunction, a number of the members announce their choice in such low tones that the clerk can scarcely catch the names. There is usually a good-sized crowd in the lobby, and more or les3 shuffling, coughing and whispering adds to the confusion. The last time Dolph ran for the Senatorship It was tho rule among his supporters "to speak out loud and strong," so as to give added force, If possible, to the large vote he had. The fact that loud speaking did not prove effective may account for the modesty of some of the members now. Senator Mulkey haa Introduced a bill In the Senate empowering the State Board of Education to issue state life diplomas to all persons now holdlcg state diplomas Issued prior to February 1, 1S29, provided such persons comply with tho provisions of the acts in force on February 1, 1S39. embossed In letters of gold. or imitation. WADHAMS & It Is provided In the bill that such persons must show to the State Board of Educa tion that they have complied with all the conditions required by the law for securing state diplomas at the time such diploma was issued. A bill to require railroad companies to employ at least one brakeman for every four cars Jiaa been Introduced by Repre sentative Hodson, of Multnomah. Senator "W." T. Smith, of Yamhill, his presented a hill which proposes to requite that every bottle or package of patent medicines, of any kind, for the cure or relief of any sickness, disease, bruise, acho or pain, shall have printed thereon in English the Ingredients and proportion thereof. The bill carries an emergency clause, declaring that it is necessary fo the preservation jof the ubllc health that the act go into effect immediately after Its approval by the Governor. Senator Myers has secured the pass age of Senate bill 27, to permit crematory associations to file articles of incorpora tion and hold property exempt from exe cution and taxation. An appropriation of $20,000 for the im provement of the grounds of the Eastern Oregon experiment station, Union County, was approved by the Senate yesterday by tho passage of Senate bill 81. Senator Pierce, who Introduced the bill,, stated that the experiment station has been doing very valuable work in the way of Intro ducing new and valuable grasses, and in demonstrating the best methods In han dling and selecting sugar beets. He made a very comprehensive statement of the work of the station, and secured the pass age of the bill with but four dissenting votes. Thoso who voted "No" were: Sen ators Crolsan, Howe. McGinn and Miller. Speaker Harris vtoday announced the fol lowing joint committees: To investigate water supply of state in stitutions in accordance with House con current resolution of Mr. Judd Judd, Reed, Bobbins. To inspect University of Oregon In ac cordance with Seriate concurrent resolu tion of Senator Kuykendall Nottingham, Both, Galloway. Tho amendment to the medical law, passed by the Senate yesterday, auth orizes the State Board of Medical Exam iners to Issue licenses to persons who hold licenses from other states which ex tend the same credit to licenses issued In this state. The bill was introduced by Smith of Multnomah, and passed without opposition. "Without a dissenting vote the Senate yesterday passed Senate bill 3, provid ing that hereafter all hangings of con demned persons shall take place at the State Penitentiary. The bill was intro duced by Senator Marsters. As the pur pose of the measure has been generally approved, it will probably passhe House also. Senator Steiwer's bill for the licensing of peddlers was the subject of debate in the Senate yesterday. The bill authorizes County Courts to fix reasonable license fees to be paid by peddlers. After Senator Stelwer had stated the purposes of the measure. Senator Smith of Multnomah raised his voice In opposition to the bill. He said that merchants 1 in cities and towns are already protected by local pro visions which prevent peddlers from sell ing In the towns. It la a great conven ience for the country people to have ped dlers come to their doors with goods, and he could see no reason why peddling in the country districts should be discouraged. "I feel It my duty to give both my vote and my voice- to the support of this bill," said Senator Hunt. "I think my col league, Senator Smith, Is mistaken- The purpose of this bill is to protect the coun try people from the smooth, oily peddlers who travel over the country cheating every person with whom they deaL They are the smoothest people on earth, and cheat wherever they can. They are as Injurious to the trade of merchants as the shyster doctor or lawyer is to the business of the medical and legal professions." The bill pased. Senators Miiler, Smith of Multnomah, Sweek and Brownell voting "No." Representative Carnahan yesterday In troduced a Joint resolution for a joint com mittee to investigate the pilotage service at the mouth of the Columbia. The com mittee Is -rected also to confer with a like committee of the Washington Legis lature in the Interest of legislation fdr uniform rates of pilotage. i
