V
THE MORNING OKEQpyiAN, THURSDAY, FEBRUARY 5, 1903.
TWO TURNED DOWN
House Defeats Proposed Con
stitutional Amendments.
BUT FINALLY ADOPTS A THIRD
Take Position Thnt So Amendment
Cmn De Submitted "While Others
Are Pending Close
Voting;.
SALEM. Or., Feb. 4. Staff corrrpond
ence.) Two resolutions to amend the con
stitution were turned down In the House
today. One failed to pas and the other
was Indefinitely jwrtponed. A third reso
lution' (S. J. R. 3) was adopted, the pur
pose being to give some .vnterprlslnB citi
zen a chance to test Its validity by getting
it into the courts arid finally to the Su
premo Court.
The first resolution turned down was the
change of lime of state elections from
June to November. The other was to au
thorize fltate institutions at other places
in the state than at 'Salem. The two reso
lutions were adorted by the Legislature
of 1901. Tho reason for the adverse nctlcn
today was that the resolutions were pro
posed when other amendments were pend
ing. The House took the position that
euch action Is Inhibited by the constitution
by the clause:
"While an amendment or amendments
which rtiall have been agreed upon by one
legislative Assembly shall bo awaiting
the action of a Legislative Assembly or
of the electors no additional amendment
or amendments shall be proposed."
Consideration of this question was
deemed of so much Importance that It had
leen made a special order of business for
this afternoon. The outcome of the ques
tion will determine the constitutionality of
the Initiative and referendum amendment.
Another proposed amendment was adopted
today in order to bring the question to a
decision by the Supreme Court
The first resolution was rejected on lines
which show ths sentiment of the House
on the question. The vote on the two
other resolutions was not the same as on
the first, because of the evident desire to
give the Supreme Court a chance at the
subject. Tho vote on tho first resolution
stood:
Ayes Banks, Bllyeu, Blakley, Burleigh,
Cantrall, Carnahan, Claypool, Cobb, Cor
nett, Danncman, Galloway. Gill, Hahn,
Hudson, Hutchinson, Kay, Kramer, Mills,
dwell, Orton, Phelps, Shelley, Simmons.
Test, Webster, Harris.
Noco-Balley. Burgess, Davey. Eddy, Ed
wards. Emmltt, Fisher, Gault, Glnn, Hale,
Hansbrough, Hawkins, Hayden. Hermann,
Hlnes, Hodson. Hume, Huntley. Johnson,
Jonca of Lincoln. Jones of Multnomah,
LaFollett, Malarkcy, Murphy. Notting
ham, Paulsen, Purdy, Heed. Whealdon.
In the debate over the resolution to
change the time of state elections, Mr.
Phelpa said that tho question should be
left to the Supreme Court, and that the
Legislature should not assume the func
tion of that tribunal.
Mr. Hale spoke etrongly against the res
olution. "I insist," said he, referring to
the Initiative and referendum, "that .the
people have failed to amend our constitu
tion. When one amendment is pending
none shall bo proposed It's as plain as A,
B, C ThlR Legislature exceeded its au
thority when It proposed the initiative and
referendum."
Mr. Darey spoke against adopting the
resolution. Mr. Bllyeu defended the reso
lution. He took the position that the con
stitution was meant to be Interpreted as
inhibiting amendmens to amendments,
while the latter were pending. -This was
the intention of the words, "No additional
amendments." He thought the question
should be submitted to the courts and the
resolution adopted.
Mr. Orton supported the resolution.
Mr. Eddy said that In his opinion the
resolution was not proposed in accordance
with the constitution.
Tho motion to adopt the resolution was
lost. 26 to 29.
The resolution to authorize state Institu
tions elsewhere than at Salem first was
Indefinitely postponed. On motion of Mr.
Edwards, the question was reconsidered,
but the resolution was again indefinitely
postponed.
The resolution to amend the constitution
tus to formation of municipal corporations
tvas adopted.
' TS THE SEXATE.
Inheritance-Tax Bill Passed Bills
. Introduced Early Adjournment.
. SALEM, Or., Feb. 4. (Special.) The
Senate was opened with prayer by Rev.
J5V. R. Wlnans.
t The Senate received a communication
from the Board of Trade of Portland, fa
voring the construction of a portage rail,
way by the state around the dalles of the
Columbia.
S. B. 47, by Crolsan To regulate mutual
Insurance companies, was passed.
S. B. 123, by Swcck To prohibit certain
business on -Sunday, was passed.
S. B. 122, by Crolsan For the disposal
Df funds remaining in the hands of ad
ministrators, was indefinitely postponed.
8. B. 138, by Crolsan by request To
amend the code relative to proof of wills,
tras Indefinitely postponed.
8- B. 133, by Ma ret era by request To re
quire parents to employ regularly licensed
physicians for their children, was laid on
the table.
S. B. 112, by Crolsan by request To
Emend tho code relative to proof of writ
ings, was indefinitely postponed.
S. B. 77, by Pierce To permit school
boards in districts of the first class to
levy taxes, was re-referred to the com
mittee on education.
S. B. ES, by Wehrung To authorize the
Investment of school funds at not less
than 4 per cent, was defeated.
H. H. 41, by Malarkey, for an inheritance
tax; was passed.
H. B. 16. by Riddle To amend the law
of insurance, was passed.
H. B. 49, by Banks Relating to execu
tion of deeds, was passed.
H. B. 189, by Hayden Authorizing Coun
ty Courts to authorize the construction of
flumes, was passed.
" S. B. 91, by Kuykendall To amend the
law specifying- what clerks shall be em
ployed by the Senate and House of Repre
sentatives, was reported favorably with
lunendments.
H. B. 46, by Kay To authorize the in
vestment of the idle school funds In city
or school district bonds, was reported fa
vorably. Bills were Introduced as follows:
S. B. 1S9, by Mays To require County
Clerks to make entry on the Judgment
docket of all payments on Judgments.
S. B. ISO, by Mays-Requiring that Cir
cuit Judges shall render decisions' within 90
days after a case is submitted to them.
S. B. 181. by Mulkey To regulate the
sale of Intoxicating liquors In cities.
a B. 192, by Pierce To amend the law
of assessment and taxation.
S. B. 193, by Smith of Multnomah-To
prohibit the sale of explosives to children.
The clerk's desk being clear, the Senate
tdjourned at 2:15 o'clock p. M.
IX THE nOCSE.
Favorable Report On the Fellovr
Serrant Bill,
SALEM, Or.. Feb. 4. (Special) The
House was called to order at 10 A. M. by
Speaker Harris.
H. B. 74, Hansbrough Fellow-servant
.bill, was reported favorably by committee
in railroads; also H. B. 153, to -prohibit the
IteaUng of rides on railroads.
H. B. 215j Johnson For a portage road
above The Dalles. wa reported without
recommendation.
H. B. 2, AVebster To make sheriffs'
deputies and constables game wardens,
was favorably reported.
IL B. 146. Bailey To prevent blacklisting
of employes, was favorably reported.
H. J. It. 3 To devote certain money de
rived from fish licenses to hatchery fund,
was adopted.
H. J. R, 5. Nottingham For an oil paint
ing of Governor Chamberlain, to cost not
over $C00. was referred to committee' on
resolutions.
H. B. 193. Murphy For relocating county
scat of Union, was passed.
H. 11. SC. Nottingham To protect birds,
was pasmd.
H. R. 1M, Orton To license engineers
and firemen, was indefinitely postponed.
S. J. R. E (of 1901) To amend constitu
tion ho as to change time of state election,
was lost.
a J. R. 9 (of lMD-To amend constitu
tion ro as to authorize state Institutions
elsewhere than at Salem, was indefinitely
postponed.
S. J. R. 3 (of 1901) To amend constitu
tion as to formation o( municipal corpora
tions, was adopted.
H. B. ST, by Kramer To submit to elec
tors a proponed constitutional amendment
changing general elections from June to
November, was Indefinitely pcrtponed.
II. U. 97, by Orton To rcgulnte employ
ment of child labor, was re-referred to
the committee on Judiciary.
H. B. 2, by Eddy To provide for taxa
tion and regulation of corporations, was
passed.
Adjourned.
LOOKS DAD FOR IXDIAX-FIGIITERS.
Appropriation for the Veterans Is
Tnriicd Uovrn Unanimously.
SALEM. Or.. Feb. 4. (Speclal.)-The
appropriation bill for Indian War Vet
erans will be reported adversely by the
ways and means committees of the two
houses. The committees are so complete
ly unanimous that there will be no minor
ity report. They will recommend, probably-
tomorrow, that the 3300,000 bill be
not passed.
The committees are working on a large
number of claims which have been pre
sented against the state. Many claims
have arisen from the depredations of
Tracy and Merrill last Summer. The
Joint committee has as yet done little
with the estimates for state institutions.
By Joint resolution of both houses the
committees will have to present appro
priation bills to their respective chambers
one week from next Monday.' The 40
days of me regular session will end Fri
day, February 20. The bills will no doubt
bo reported within the time required, for
the committees are determined not to let
their work drag over. The committees
will report early in order to let the Leg
islature fully .scrutinize the appropria
tions. "There won't be any grafts this time,"
declared one of the members tonight. The
House committee has already reported
the deficiency appropriation bill, which
provides not only for deficiencies, but for
the expenses of this session and for scalp
bounty warrants.
The items for salaries and mileage of
the Legislators and general contingent ex
penses of the session amount to 355,000
for the Blind School, $S20: Reform School,
3C65; penitentiary, 33047; Prosecuting Attor
ney, J919; new code. $300; other claims,
322SS; scalp bounty, $771t! The bill has an
emergency clause. "
TO LOAX IDLE SCHOOL FUNDS.
Kay's Bill Will Tnitc Care of Over
$700,000.
SALEM, Or., Feb. 4. (Special.) Discus
sion in the Senate this morning over the
manner of providing for the Investment of
the idle school funds In the State Treas
ury indicates that H. B. 46, by Represen
tative Kay, will become a law.. The sub
ject was presented when 8. B. SS, by
Wehrung, on the same subject, came up
for final action In the Senate. The com
mittee on education had reported unfa
vorably, but Senator Wehrung was not
satisfied. Ho wanted his bill put to a
vote. He demanded to know why his
bill had been reported unfavorably. Sen
ator Daly, chairman of the commttteo on
education, explained that Wehrungs bill
had been fully considered, and that it had
been decided that Kay's House bill con
tained a more full and comprehensive pro
vision governing the matter, and that it
should pass. Senator Booth said that it
is the desire of the committee that the
bill that shall pass shall be sufficient to
accomplish its purpose, and he believed
Kay's bill the best before the Legisla
ture. Wehrungs bill was defeated, thus show
ing the Intention of tho Senate to pass
Kay's measure Instead. This bill is im
portant for the reason that It proposes
to put out at Interest some 725,000 of idle
school funds.
HOUSE CLEANS CALENDAR.
Idaho Representatives Dispose of
All Pending Measures.
BOISE. Idaho, Feb. 4. (Special.) The
Homo of Representatives made a clean
sweep of its calendar today. Bills pro
viding for the taxation of mines, the pay
ment of the Albert Small claim and pro
hibiting the issue of worthless checks or
drafts were passed; also the House Joint
resolution amending the constitution by
permitting the inmates of Soldiers' Homes
to vote at the Home, irrespective of their
former residence; the Senate Joint reso
lution providing for a Joint committee of
investigation into the conduct of the state
Insane asylum, and the House Joint me
morial protesting against tho enlargement
or extension of the Bitter Root forest
reserve.
The bill reducing the value of home
steads exempt from execution was lost
by a decisive vote, and the measure mak
ing an appropriation for a bridge over
Salmon River at Goff, and fixing the width
of wagon tires on country roads were in
definitely postponed.
When the mine taxation bill came up
for passage, Elchelberger quoted section
19, article 3, of the constitution, which
says the Legislature shall not pass special
laws for the assessment and collecting
of taxes. This bill, he contended, was
plainly a special law, and therefore un
constitutional. He moved that further
action be indefinitely postponed.
Owen backed Elchelberger up with a
quotation from section 2, article 7, of the
constitution, providing that every person
or corporation shall pay a tax 'in propor
tion to tho -value of his, her or its prop
erty, and other sections in support of his
contention that the mine taxation, law
was unconstitutional.
Jenkins .moved to table the motion to
indefinitely postpone; carried.
This exhausted the last effort of the
opposition, and the bill passed by 26 to 15.
TAX OX MINERAL OUTPUT.
Idaho House Passes Jenkins Bill
State Asylum Investigation.
BOISE, Idaho, Feb. 4. The House to
day passed the bill introduced by Repre
sentative Jenkins, of Latah County, pro
viding, for the taxation of mines on their
net output There has been considerable
opposition to the measure, but It passed
by a vote of 26 to 15. It provides 'that
a nominal acreage assessment shall be
made: that Improvements shall be as
sessed in the usual manner, and that the
property shall be taxed on an additional
sum represented by its net output for the
ensuing year.
The House also passed the House Joint
memorial protesting against the enlarge
ment of the Bitter Root forest reserve;
the Senate Joint resolution providing for
the appointment of a committee to inves
tigate the state insane asylum, and the
House Joint resolution amending the con
stitution to allow lnmatea of the Soldiers'
Home to vote at the Home, regardless of
their previous residence.
TAX BILL IS ALL 0. K,
MALARKEVS INHERITANCE BILL
GOES THROUGH SENATE.
Xot
a Single Dissenting Vote
Other Tax Measures
Will Pass.
SALEM. Cr.. Feb. 4. (Staff corre
spondence.) Representative Malarkeys
inheritance tax bill has passed both
houses of tne Leglslatue. Upon mo
tion of Senator McGinn It passed
the Senate this mornln under sus
pension of the rules, and on final pas
sage did not receive a single dissenting
vote. When the bill came up on first
reading Senator McGinn moved a sus
pension of the rules, and got the bill
through second and third reading without
delay. Some Senators wanted It made a
special ordfr for tomorrow afternoon, but
Senator McGinn opposed this on the
ground that the bill has already been
published and discussed through the press,
and has bsen favorably recommended by
the Joint committee on assessment and
taxation. He raid that Its provisions are
tamlllar to all the Senators, and It should
be put to a vote now. Senators Booth
and Pierce voiced the same sentiments,
and the bill was put to a vote and passed.
Oregon Is now one of the states which
has adopted a taxation policy that will
lessen the burden upon owners ofrca!
property. A corporation license tax law
and a franchise tax law are also quite
certain of enactment. It Is possible the
frnchlie tax bills may go over until the
next session, pending a more thorough
investigation of the subject, but it this Is
done it wit: be only after the large cor
porate Interests have made concessions
which make the ultimate Imposition of
such a tax practically certain. The in
heritance tax law is so framed as not to
be unjust to any one. and was amended
so as not tc apply to gifts to benevolent
and charitable institutions. The prop
erty subject to tax under the Malarkey
bill le as follows:
Property Subject to Tax.
"Section 1. All property within the Jur
isdiction of this state, and any Interest
therein, whether belonging to tho Inhab
RECORD OF THE OREGON LEGISLATURE
Bills Passed by the Senate.
6. B. 3. by Marsters To provide for death executions at State Penitentiary.
a B. 10. by Stelwer To resulata carriage of sheep by express.
S. B. 14, by Mays Classing- bicycles with horses tn ths law to punish larceny.
a B. 21. by Hunt To make Boys' and Girls' Aid Society a place o commit
ment for truants aad Incorrigible, and for'aa appropriation therefor.
a B. 27, by Smith ot Multnomah To create a State Board of Health.
S. B, 31, by Crolsan To prevent stock running at largo In Marlon County.
S. B. 34. by Sweek To provide manner of. proving existence ot foreign corpora
tions!. 8. B. S3, by Mulkey To prohibit circulation ot Indecent literature,
a B. 37, by Myers Giving crematories same exemptions as cemeteries,
a B. 41 To permit state fair board to control Its own printing.
S. a 47, by Crolsan To regulate mutual Insurance companies,
a B. CO, by Booth For protection of forests from Are.
S. B. 51, by Hobson Relative to transfer ot convicts to Insane asylum.
S. a 52, by McGinn To prohibit child labor under certain ages.
S. a 57, by Myers To define the rights of riparian owners.
S. B. 53, by Kuykendall Relating to transportation ot children to country
schools.
a a 69, by Kuykendall For the consolidation ot country schools.
a B. 75, by Daly Relative to examination of commercial fertilizers.
S. B. 78. by Daly To require that schools be kept open not lees than four
months In each year.
S. a 70, by Hobson Authorizing employment of convict labor on roads.
a a 80, by Smith, of Umatilla To amend liquor license law.
E. a SI, by Pierce To appropriate 320,000 for Eastern Oregon Agricultural
Experiment Station.
S. B. S3, by Smith of Yamhill Relative to condemnation of public roads for
telephones and telegraph lines.
a a 85, by Crolsan Amending Third Judicial District Circuit Judgeship act..
S. B. SO. by Mays, to aid Oregon Historical Society.
S. a 05, by Smith of Umatilla To reaulre hair brands ,ou cattle driven from
one county to another.
a a DC by Smith of Umatilla Relative to Issuance ot 'certificates for practice
or medicine.
a B. 07, by Stelwer To require peddlers to pay license fees,
a a 101. by Carter To provide for tax levies for libraries In cltlta.
B. a 102, by Daly Providing that stats shall carry Its own lira Insurance,
a a 109, by McGinn To authorise cities to appropriate water rlehtj.
a a 110, by Wehrung To authorize counties to appropriate money for adver
tising purposes.
a B. 119. by McGinn Authorizing construction ot suspension bridge at Oregon
City.
S. B. 120, by Stelwer To reapportion the state In Legislative districts,
a, a 121, by Myers General county seat removal enabling act.
S. a 123, by Sweek To prohibit certain business on Sunday,
a a 152. by McGinn To provide a great seal for the state.
S. a 150, by Carter To fix traveling expenses Jackson County School Superin
tendent. S. a 172, by Brownell To repeal Clackamas County Commissioner act.
S. B. 174, by Brownell Fixing salary ot Clackamas County Judge at S1200 per
annum.
Incorporation acts: North Powder. Bourne. Dufur, New Astoria, Prlnevllle,
McMInnvllle, Baker City, Union, Roseburg.
Bills Fasned by the House.
II. a 1. by Malarkey To appropriate $500,000 for Lewis and Clark Fair.
IL a 0, by Davey To provide four terms of court In Third District.
H. a 18 (substitute) To punish bribery In political conventions.
1L a 24, by Reed Relating to proving of official documents.
IL a 32, by Test To appropriate 115,00) for salmon hatcheries.
IL a 88, by Nottingham To protect birds.
H. a 30, by Banks To" regulate and limit the hours of female employment.
IL B. 40, by Cobb To require street-cars to be provided with fenders.
IL a 42, by Banks Relative to exemptions In earnings ot Judgment debtors.
H. B. 40, by Judiciary committee For Investment of state school funds In school
bonds.
H. a 51. by Hale Relative to salaries of certain Josephine County officers.
IL a 67. by Nottingham Relating to pay for patients In Insane asylums.
IL B. 62 (substitute) Relative to plats for surveys In counties.
H. a 64, by Burleigh To change Urns for holding county court in Wallowa
and Barney Counties.
IL a 73, by Shelley To license and regulate warehousemen.
H. a 78. by Whealdon To authorise City of The Dalles to Issue additional
water bonds.
IL a 83. by Galloway For library tax of 1-5 mllL
IL B. 81, by Burgess To create Stockman County.
IL B. W, by Phelps Regulating Deputy District Attorneyship ot Sixth Judicial
District.
H. ;
il :
a 102. by nahn-To give boat pullers and others preferred liens on llsh.
a 105, by Hsle To reimburse W. IL Hampton for school land purchase.
IL a 108, by Hale Removing 5JO00 limit la damage cases arising from death
by wrongful act.
IL B. 109, by Both To relocate county seat of Columbia.
IL a 114. by Hdtchlnson To regulate barbers.
IL a 117, by Burleigh Relating to pay ot Wallowa County official . "
IL a 123. by Eddy To change time of fixing tax levies. -
IL a 127, by Eddy Recovery of property escheated to the state.
H. a 140, by Malarkey To amend code relative to marriage licenses.
IL B. 141. by Both Fixing salary of Columbia County Judge at J 1000.
IL a 143, by Malarkey Relative to confirmation df sales of real property.
H. B. 147, by Bailey To prevent misrepresentation and fraud In securing em
ployes. ,
IL a 148, by Bailey To protect employes and guarantee tbelr rights.
H. a 154. by Reed Relative to proving of official records In foreign countries.
IL a 162, by Kay Relative to salaries of Marlon County officers.
IL a 170, by Davey Making salary of Assistant Penitentiary Warden II MO.
XL B. J 02. by Galloway To prohibit sale of adulterated Illuminating ou.
XL a 193. by Murphy For relocating county sear of Union County.
Incorporation acts: Dallas, Merrill. Wasco, Falls City, North Yamhill, On
tario, Huntington.
Bills Passed by Both Houses.
IL a 8. by Phelps Relative to fences east of the Cascades.
IL a 10, by Riddle Regulating titles of Insurance companies.
H. a 4L by Malarkey To tax gifts, legacies and Inheritances.
IL a 47,- by Kay Making state officers and employes subject to garnishment.
IL a 49, by Banks Relating to execution of deeds In foreign countries.
IL a 75, by Eddy To prevent statute of limitations running against state.
XL a 80. by Phelps To make term of Road Supervisors begin January L
XL a 137, by Hermann To fix certain salaries tn Coos County.
IL a 189. by Hayden Authorising flumes on county roads.
Charter bills Eugene, Salem, Myrtle Creek, ClaUkanle, Wlllamlna, Tillamook,
Rainier, Albany.
Signed by the Governor.
XL- a L by Malarkey To appropriate 1500.000 for the Lewis and Clark Fair.
XL B. 58. by Fisher For a Oreboat at Portland.
S. a 64. by Marsters To create irreducible school fund for Douglas County.
IL a 77. by Cornett Authorizing construction of a free ferry at Harrlsburg.
IL a 78, by Whealdon To authorize Dalles City to Issue additional water
bonds.
IL a 101, by Reed Portland charter MIL
XL a 108. by G1U To'levy tax la Multnomah County for aupport of library.
Charter bills: Bandon. Ashland. Elgin. Enterprise, Lexington, Sublimity, Co
qullle. Corvallls, Alamo, Stayton, Ashland, Cornelius, Adams, Mllwaukle.
itants of this state .or not. and whether
tangible or intangible, which shall pass
by will or by the- statutes of inheritance
of thl3 or of any other- state, or by deed,
grant, bargain, sale, or gift, made In con
templation of the death of the grantor,
or bargainor, or Intended to take effect In
possession or In enjoyment after the death
of the grantor, bargainor, .or donor, to
any person or persons, or to nny body or
bodies, politic or corporate, in jrust or
otherwise, or by reason whereof any per
son or body politic or corporate-shall be
come beneficially entitled. In possession
or expectation to any property or Income
thereof, shall be and Is subject to a tnx
at the rate hereinafter speclfltd in section
2 of this net. to bo paid to the Treasurer
of the state for the use of the state, and
all heirs, legatees and devisees, adminis
trators, executors and trustees, and (any
such grantee under a conveyance, and'any
such donee under a gift mado during the
grantor's or donor's life, shall be re
spectively liable for ar.y and all such
taxes, with Interest thereon, until the
same shall have been paid as hereinafter
provided. Provided, however, that de
vises, bequests, legacies and gifts to be
nevolent and charitable Institutions In
corporated within this state, and actually
engaged In this state In carrying out the
purposes for which so incorporated, shall
be exempt from any taxation under the
provisions of this act.
Rates of Inheritance Tnx.
"Sec 2. When such inheritance, de
vise, bequest, legacy, gift or beneficial
Interest to any property or Income there
from, shall pass to or for the use or bene
fit of any father, mother, husband, wife,
child, brother, sister, wife or widow of a
son, or the husband of a daughter, or
any child or children adopted as such In
conformity with the laws of the State of
Oregon, or to nny petson to whom the
decedent for not less than ten years prior
to death stood in the acknowledged rela
tion cf a parent, or to any lineal descend
ant bom in lawful wedlock, in every such
case the tax shall be at the rate of 1
pencentum upon the appraised value
thereof received by each-perspn. Provid
ed, that any estate which may bo valued
ot a less sura than $10,000 shall not be
subject to any such duty or tax. and tho
tax Is to be levied in above cases only
upon the excess of 3000 received by each
person. When such Inheritance, devise,
bequfSt, legacy, gift or the beneficial In
terests to any property or Income there
from, shall pass to or for the use or
benefit of any uncle, aunt, niece, nephew
or any lineal descendant of the same. In
every such case tho tax shall be at the
rate of 2 perccntum upon the appraised
value thereof tecclved by each person on
the excess of S2000 so received by each
person. In all other cases, ths tax shall
be at the rate of 3 percentum upon the
appraised value thereof received by each
person, body politic or corporate, on all
amounts over J500. and not exceeding J10.
0C4: 1 percentum on all amounts over
J10.0M. and not exceeding $20,000; 5 per
centum on all amounts over 120.000 and
not exceeding SSO.OuO; 6 percentum on all
amounts oyer, jbo.000."
The bill Is very complete in Its pro
visions and specifies all the details of
procedure for the enforcement of. pay
ment of tho tax.
FOR MORE INSURANCE AGENTS.
Riddle's Bill HnT'orv Passed Both
Houses.
SALEM. Or.. Feb. 4.-(SpeclaU Both
houses of the Legislature have passed
Riddle's H. B. IS. permitting Insurance
companies to appoint an additional agent
in each city or town for each title regis
tered. Except In Portland Insurance com
panies are now allowed but one agent In
each town. A few companies register two
titles In the office ot the Secretary of
State, and make n double deposit of se
curity In the State Tieasury. Under the
new act they will be permitted an ad
ditional agent for each additional title,
and will thereby be ablo to secure a
greater proportion of the business. The
bill seems to be tn the Interest of those
companies which register two or more
titles. It is therefore against the interest
of insurance agents and also of companies
that register but one title. So far as tho
people are concerned, it Is Immaterial.
Tho present law was passed largely for
the purpose of diminishing the number of
ngents, so that those engaged in the busi
ness could make a good return for their
work. Some of the large companies find
that by registering more than one title
they are able to get more business than
they would by registering only one title
and doing business under only ono- name.
Manifestly they can also get a larger pro
portion of the business If they can main
tain two agents Instead of one.
The section of the code on this subject,
as It has been amended by the Riddle
bill, L as follows:
Sc 3729. Every Insurance company or asso
ciation, having compiled with section 3711, and
having paid an" annual license ot $50 as pro
vided In section 3724. and otherwse havng fully
complied with the provisions of section aizi.
rimy, in respect thereof, establish agencies In
this state, to consist of but one agent for each
city, town or village within the state, to rep
resent each title registered as hereinbefore pro
vided, and additional agencies as hereinafter
provided; and the name of every agent appoint
ed in accordance with the provisions of this
section shall be filed with the Insurance com
missioner, who shall Issue to each agent a cer
tificate setting forth that such agen Is entitled
to act for the company appointing him. which
certificate shall continue In force until revoked,
or as long as such agent continues to represent
such authorized company or companies. The
fee for such certificate shall be 1. and shall be
paid to the Insurance commissioner.
EDDV BILL PASSES HOUSE.
,111m Corporation Taxation Measure
Meets Little Opposition.
SALEM, Or., Feb. 4. (Special.) Repre
sentative Eddy's bill for taxation of cor
porations passed the House today, and
probably will go through the Senate to
morrow. The committees on taxation of
the two houses resolved to recommend
passage of the bill, so that the measure
Is not likely to be obstructed In the-upper
chamber. The bill provides for a graded
organization tax and graded annual li
cense on corporations In proportion to
capital stock.
The bill today encountered only two neg
ative votes, those of Gault and Purdy.
The bill was considered In committee of
the whole, Sanderson Reed presiding, and
camo out without amendment. It. went
to final passage without debate. When
Purdy. Robblns and Shelley were called
upon to vote .they made brief remarks.
Mr. Purdy said the bill would be Injurious
to small corporations. Mr. Robblns said
the bill. If enacted, would bo a heavy bur
den on the mining industry of Eastern
Oregon. In taxing the par value of the
capital stock, the tax would bear 10 times
as heavily on mining companies as on
commercial companies. He thought the
tax would be more equitable If levied on
the actual value ot the capital stock, but
In tho hope that due consideration would
bo accorded to mining Interests In later
legislation he voted aye.
BILLS FOR MULTNOMAH.
Four Are Reported Favorably to the
House by Chntrmnn Hodson.
SALEM. Feb. i Spedal.)-Four Mult
nomah bills were reported favorably to the
House today by Chairman Hodson. The
first is to cure a defect in the present law
by authorizing county purchases up to the
value of 1100 without competitive bid and
contract. The second is to amend the
Port of Portland act so as to permit the
commission to fund its Indebtedness In
bonds 'covering a period of ten years.
These bonds are not to aggregate more
than J300.000. The third raises the salary
of the County School Superintendent from
1300 to S2000 per year. The fourth Is to
Increase the power of the County Auditor
so as to authorize him to pass upon claims
ngalnst the county. Another bill to au
thorize the Fort of Portland Commlslson
to Issuo bonds for the drydock bearing
Interest up to 5 per cent will be Intro
duced. The commission has found it Im
possible to float the bonds under the pres.
cnt law because the highest rate of Inter
est allowed Is 4 per cent.
FELLOW-SERVANT BILL PUT IX.
House Committee Decides on Favor
able Recommendation. -SALEM,
Or., Feb. 4. (Special.) The fel-Iow-crvant
bill which has been debated
by the railroad committees of the two
Houses for somo time, as several times
announced In these dispatches, was favor
ably reported In the lower chamber this
morning. The measure waa put on the
calendar for third reading. The bill will
undoubtedly pass, and both Republicans
and Democrats will unite to enact It. It
provides that employers shall be liable for
Injuries to employes as follows: When the
injury comes from the wrongful act, neg
lect or default of an employe, superior to
the person Injured or from such wrongful
act, default or neglect of a co-employe In
another department of labor or on another
train. Knowledge by an employe of un
safe machinery or appliances shall not of
Itself be a bar to recovery for Injury or
damages.
Reed's bill (IL B. 153) to prohibit the
stealing of rides on railroads, was also
favorably reported.
MEET IN PORTLAND XEXT YEAR.
Northwest Fruitgrowers' Association
Makes Selection.
SPOKANE. Wash,, Feb. 4. The North
west Fruitgrowers' Association, in session
here today, selected Portland as the place
for next year's meeting. Officers were
elected as follows: President, Dr. N. G.
Blalock, of Walla Walla; vice presidents.
for Oregon, J. W. Olwell. of Central Point;
ror w ashlngton,. Bon Burgunder, of Col
fax; for Idaho, Judge Farney, of Moscow;
for British Columbia, Professor Anderson,
of Victoria. W. S. Offnere, of "Walla
Walla, was elected treasurer, and George
H Lampson, of Portland, secretary.
Railway Mall Clerks Convention.
OGDEN. Utah, Feb. 4. A convention
of chief clerks of the eighth division of
the railway mall service, including Alas
ka, Arizona, California, Hawaii, Idaho,
Nevada, Oregon, Utah and Washington
will be held In San Francisco, February
17. At the same time delegates of rail
way mail clerks from all divisions In
the district will meet In convention. The
object is to offer suggestions for the bet
terment of the service.
WANTS LOCAL OPTION
SENATOR MULKEY INTRODUCES A
BILL FOR THIS PURPOSE.
Thinks Legal Voters of Any Incor
porated City or Town Should De
cide Liquor License Question.
SALEM, Or.. Feb. 4. (Staff correspond
ence.) A local option bill has been Intro
duced In the Senate by Senator Mulkey.
The bill Is the same -as was Introduced at
the last session by Representative Nich
ols and defeated. Senator Mulkey cham
pioned the bill In the Senate two years
ago and seems to have lost none ot his
belief In local option law. The bill Intro
duced today provides that the legal voters
of any Incorporated city or town shall
have the power and authority to vote
upon and determine for themselves the
question whether licenses for the sale of
Intoxicating liquors as a beverage shall
be granted by the Council of such incor
porated city or not The bill says:
"It shall be the duty of the Recorder
or Clerk of such municipality, upon 're
ceiving a petition for that purpose of ten
or more legal voters of such municipality,
at any time not less than 15 days before
any general election of such municipality,
to give at least ten days' notice In the
manner provided for election notices, that
the question' of granting licenses for the
sale of Intoxicating liquors as a beverage
In such municipality, will be submitted to
the legal voters thereof at such ensuing
election, and the ballots at such election
shall contain the words: 'In favor ot li
censes and 'against licenses.' " A major
ity vote decides the question until It has
been reversed by a subsequent vote.
I Senator Mays proposes to compel Circuit
Judces to render decisions within so days
In all cases submitted to them. In the bill
Introduced by him today for that purpose
It Is provided that. If any Judge withholds
a decision longer than 30 days. It shall be
the duty of the County Clerk to certify
the fact to the Secretary of State, where
upon the Secretary of State shall not is
sue a warrant for the salary of such
Judge until the decision has been ren
dered.
"Inasmuch as some of the Judges 'of the
Circuit Court of tho State of Oregon un
necessarily hold up decisions for long pe
riods of time, to the great loss and dan'
ger of. loss to litigants, an emergency Is
declared to exist, and this act shall take
effect Immediately upon its approval."
Senator Pierce has Introduced a bill for
the purpose of curing the defect In the
present law for the apportionment ot stato
taxes among the counties ot tne state.
The present law provides that In 1903 the
State Board of Levy shall ascertain the
average amount of expenditures In each
county for a period of five years, and ap
portion the state taxes In the proportion
each county's expenditures bear to the to
tal expenditure. The law provides for
only four annual reports prior to 1P0G. so
that it will De impossioie tor tne ooara to
"carry out the provisions of the present
law. Senator Pierce proposes tnat until
1010 the levy be made at the fixed ratio
now provided, with tho exception of the
chango as to Baker and union counties
made necessary by the annexation of the
Panhandle to Baker County. His bill pro
vides that in 1910 the State Board of Levy
shall compute the average expenditures
for flvo years, and thereafter make Us ap
portionment of state taxes among the
counties upon that basts.
Senator Smith of Multnomah has Intro
duced a bill to prohibit the sale of ex
plosives other than ordinary firecrackers
containing ten grains of gunpowder to
children under 14 years of age. The bill
also prohibits the sale to such children of
any firearm or other Instrument fori the
firing or more than ten grains of gun
powder. "That is a good bill," remarked Senator
McGinn, when he heard It read. "We will
pass It."
Senator Mays has secured the passage
In the Senate of a bill appropriating S5CO0
for the aid of the Oregon Historical Soci
ety. The bill also appropriates 11000 for
printing for the Historical Society for the
next two years. The appropriation Is the
same as was made by the last Legislature.
Though the appropriation Is small. It Is
the principal means of support of the only
organization which Is collecting tho valu
able facts of Oregon history.
Jefferson Myers, of Salem, one of the
men appointed by Governor Chamberlain
on the commission to have charge of the
expenditure of the J300,000 appropriation
for the Lewis and Clark Fair, was named
for Thomas Jefferson, who sent Lewis and
Clark on their expedition to the Oregon
country. He is the only man on either
the state commission or the Portland
commission who bears the name of Jef
ferson. Myers was a number of years a
member of the State Fair Board, so that
work of this kind will not be entirely new
to him. x
Representative Hayden's House bill IE),
which passed the Senate today, author
izes county courts to permit sawmills to
construct flume ways for floating lumber
and cordwood upon the county road. The
bill also provides: "That such flume way
shall be placed on such portion of such
county road as shall be designated by the
County Court: and provided further, that
the County Court shall provide the man
ner In which such flume way shall be con
structed, and the length of time the same
may be maintained in and upon said coun
ty road."
The Senate adjourned at 2:15 o'clock this
afternoon. Just 15 minutes after the after
noon session began. The clerk's desk was
clear, and there was no business before
tho Senate. Chief Clerk S. L. Moorhead
says that he has presided at that desk
for five consecutive sessions, and never
before "saw the work so far advanced at
this period In tle session as it Is now. The
Senate of the 22d Legislative session, from
President Brownell down to the page. Is
"doing business."
n.-M..iil4tlvA farantinn Tnnn befn ill
AtCIIVlVHM.UIW - -
today, and was absent from his desk. At
-mn a fo i-rl i f van Ron t to brln&r him to
the Capitol in order that he might vote
for United Blares oenaiur. n ia uui
thought that his illness will last more
than a day or two.
Senator George T. Myers has been much
Indisposed during the past few days, but
has retained his seat In the Senate. He
Is In receipt of many letters ana tele
grams concerning measures In which he
Is taking a special Interest, and has not
been able to answer them promptly. He
hopes to be able to catch up with his cor
respondence in a few days.
Representative Nottingham Introduced a
.Att,tinn tM Trtnmtnir to direct the Sec
retary of State to secure an oil painting of
uovernor unamoeriain imc uib pauujuga
ni..n in tVirt fnnltnl of other Governors.
The painting Is not to cost more than 1600.
The resolution went to the committee on
resolutions.
A Joint resolution offered by Represen
tative Webster was adopted by the House
this morning to devote certain moneys de
rived from flsh licenses under an act of
1S91 to the hatchery fund. The act was
later repealed and money collected there
under was tied up to the amount of 1246.
The resolution cites that Inasmuch as this
money cannot be used for any. other pur
pose than protecting and promoting the
fishing Industry, It should bo transferred
to the hatchery fund.
"I move," spoke up Representative
Whealdon, Republican, this morning,
"that the Democrats be allowed a special
clerk." This gallantry took the breath of
the Democrats away so suddenly that be-
PA NFUL PERIOD
ore overcome by IiVdia E. Pink
ham's Vegetable Compound,
Miss Menard cured after doc
tors failed to help her.
"Lydia E. Pinkham's Vesre
table Compound cured ma after
doctors had failed, and I want
other girls' to know about it. Dur
ing menstruation I suffered moat
intense pain low in the abdomen
and in my limbs. At other times I
had a heavy, depressed feeling
which made my work seem twice
as ard, and I grew pale and thin.
The medicine the doctor gave me
did not do me ono bit of good, and
I was thoroughly discouraged. Tho
doctor wantedme to stop work, buL
of course, I could not do that. I
finally began to take Iiydia E.
Pinkham's Vegetable Compound
and felt better after taking the first
bottle, and after taking six bottles
I was entirely cured, and am now
in perfect health, and I am so grate
ful for it." iliss Georqib Menabd,
537 E. 152nd St. New York City.
3 SC0O forfeit If original of about ttttfr prosing
gtnulntneis tannot baproductt.
lij-dia E. Pinkham's Vegetable
Cnmpnun I cures female ills when
all other means have failed.
fore they could rally to tho support of
their champion tho motion had been in
definitely postponed. "I desire," shouted
Mr. Burleigh. Democrat. Just after the
House had overwhelmed the proposal, "I
desire to discuss that motion." "Too late,
Mr. Burleigh." sympathized Speaker Har
ris, and the gentleman sank Into his seat
crestfallen.
"I was going," said Mr. Burleigh after
ward, "to amend the motion so that in
stead of 11 Democrats having one clerk,
each Democrat should have 11 clerks."
And the Wallowa gentleman looked disap
pointed. m
The House committee on railroads this
mcrnlng reported back without recom
mendation Johnson's bill for a portage
road above The Dalles. The bill Is for an
appropriation of $163,000. The Senate bill
(Johnston) calls for an appropriation of
J2CO.000.
ASPHYXIATED IX 3IIAE.
At a Depth of 200 Feet Fels nnd Gas
Olcsen Losc Tlielr Lives.
SPOKANE, Feb. 4. Felz and Gus Oleson
were asphyxiated at the Kootenay mine
at Rossland, B. C. Tuesday. The men
went into a winze that commences on the
sixth level of the mine ahtr1s aoo feet
deep. Gas waa present and the men de
sired to ascend. They became partially
overcome, and. in their struggles, slipped
the bucket off the skids. Thereupon the
bucket Jammed, and the men died before
assistance could reach them. Both were
married, and Oleson left three children.
Several men were prostrated by the fumes
while trying to rescue them.
Well-Known Sea Captain Dies.
ALAMEDA. Cal.. Feb. 4. White sitting
In the room of tho station at Alameda
Point, waiting for a train. Captain Will
lam Whitney, of the schooner Jessie Min
or, toppled to the floor and In a few min
utes was dead, presumably of heart dis
ease. He was widely known among tho
shipping and seafaring men of the Pa
cific Coast. He was a native of New Or
leans, and 67 years old.
PIANOS AND ,
PIANO VALUES
The Experience of a Man Who
Recently Came Here From
the East He Knew Some
thing About Pianos Back
There.
A prominent person called at our store
the other day and after looking through
our stock selected a fine Ludwig piano.
He then gavo us a little of his piano ex
perience. He said ho was attracted to
the city by an advertisement where pianos
were being nold at wholesale prices in lota
anywhere from one piano to one hundred.
and as he looked through the stock and
knew nothing of most of the pianos that
were being offered, he finally came across
one that he had some experience with
back East, at one time having sold It, and
he asked the price of it and was greatly
surprised when he found the supposed
wholesale price was $46 more than the
piano retailed for back there. It la need
less to say he did not want to buy a
piano on that kind of a wholesale price,
so he came and bought one of us at our
retail price. We are not selling pianos at
wholesale, neither Is anybody else: this
scheme Is being worked throughout the
country, and no doubt catches a good
many people, but It Is being openly con
demned by the trade papers, and perhaps
In time the people will get piano-wise.
Good pianos cost money, and cannot bn
manufactured for a song, much less sold
for that, but there are times In the piano
business, as well as all other businesses,
that It Is policy to make a reduction in
price, and that time confronts us Just
now. As heretofore stated, we have sev
eral cara of pianos that were intended for
holiday trade that were delayed In ship
ment, and that are pouring In on us, to
gether with our usual shipments, and It
is a case of unloading or hiring extra
storage room. We have concluded to un
load, and this month you buy any of the
old standard makes at the following
prices:
Whit other charge
5112 for, our price. $376.
$37G for. our price, $317.
$233 for, our price, J2SS.
131 S for. our price, $36.
$334 for, our price, $233.
All are sold on our easy payment plan,
and this month we will make the pay
ments $6, $8 and $10 per month. If you
want something that will prove a source
of pleasure to you for a lifetime, call this
month.
ALLEN & GILBERT-RAMAKER CO.,
(Successor to the Wiley B. Allen Co.)
203-211 First Street, Portland, Or.