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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
THE MORNING OREGONIAN, FRIDAY, FEBRUARY 6, 1903,
DEADLOCK KEEPS UP
No Prospect of Electing a
LOOKS GLOOMY FOR FULTON
Hat the Clatsop Man In Still Hopeful
Ilia Astoria Friends See Fit
THE VOTE AT SALEM.
SALEM, Feb. 5. (Staff correspondence.)
It looks as If the present Legislature
would drop Into the old-time Oregon prac
tice of deferring the election of a Senator
until tbo last day and perhaps the last
hour and minute. The developments of
the week have been discouraging to the
Fulton people, and In the same degree en
couraging -to the opposition. "While the
Fulton managers -Rill spare no effort to
bring about a result at the earliest mo
ment, it does not seem to be expected by
them that Fulton can do much more than
hold his followers together for the ensuing
two weeks. If he Is able to maintain his
present position to the end his friends
argue that the opposition must succumb
In order to prevent a deadlock. There
Is a great deal of talk of weakness In
the Fulton ranks and probable defections
within the next few days, but the Fulton
men say( that nothing of the kind will oc
cur. No candidate has appeared, they
say, whole election Is even a possibility,
and they want to. know where any Fulton
man' would land If he were to leave.
"VVhnt Will Heriuunn Dot
Blnger Hermann will arrive in Oregon
about tomorrow and his coming to Salem
Is looked for. The various Congressional
candidates, actual and prospective, are
speculating much on what attitude he will
assume toward the Senatorial contest.
Jones of Lincoln Is the only man who has
at any time voted for Mr. Hermann for
Senator at this session, and It Is not be
lieved that he would change to Mr. Ful
ton even If he were asked by Mr. Hermann
to do so. All the other friends of Mr.
Hermann have been steadfastly support
ing the Clatsep County Senator. If they
change their course after Mr. Hermann's
arrival it will be assumed that they have
been advised by him to do to. If they
continue In it. It will be assumed like
wise that Mr. Hermann is satisfied and It
will also be assumed that Mr. Hermann
has been encouraged to think tha.t Mr.
Fulton's friends will support him for the
late Mr. Tongue's place. In that event
Mr. Brownei. and some others who navo
their eyes on the Congressional nomina
tion will not be pleased. It Is this very
phase of the situation that has been at
the bottom of all the gocslp about the
possible defection in the Clackamas Coun
ty delegation. So far, honever. Mr. Ful
ton appears to have steered clear of the
Congressional shoals and he gives evi
dence of no uneasiness that he will not
be able hereafter to maintain a free
Criticism From Astoria.
Some of Mr. Fulton's Astoria friends at
Ealem have been disposed to criticise the
manner in which be allowed the Multno
mah delegation to get away from him.
They think that he played poor politics In
the matter of the Lewis and Clark Fair
appropriation, and Intimate that since the
organization of the Legislature Is In his
hands he ought to have been able to make
terms with the. members from Portland.
"With that great enterprise In which Mult
nomah County Is so much Interested out
of the way they think that a great oppor
tunity has been missed. Mr. Fulton's
position was, however, that the Lewis
pnd Clark Fair was not a Portland enter
prise end he did not vote for it because
Portland wanted It but the etate de
manded It. The opportunity to play poli
tics and -declare to Portland that It could
not have both the Senator and the $300,000
appropriation may have been presented
to him. but his course shows that It it
was, he rejected It. He has given no sign
that be has repented of his action.
No' new development Is looked for tomorrow.-
"E. B. P.
BIG CROWD, NOTHING DOING.
Proceedings In Joint Convention
Present So Feature.
SALEM, Or., Feb. 5. (Special.) The
largest crowd since the opening days of
the fight assembled In the Representa
tives' Hall today for the Joint conven
tion. There was great bustle and con
tusion, and the House had some trouble
setting along with Its business In the
half-hour before the Senators arrived.
An air of expectancy prevaded every
thing, and the opinion seemed to be gen
eral that something might happen. The
only incident that relieved the dull mon
otony was a vote by Representative GUI
tor Hon. H. W. CorbetL Mr. Hume again
voted for Speaker Harris. Otherwise there
fwas no change. The rollcall resulted:
For C. W. Fulton Booth, Both. Brown
ell. Carnahan. Carter, Cornett, Dlmmlck,
Eddy, Edwards, Emmltt, Farrar. Gault,
Glnn. Hahn. Hale, Hansbrough, Harris,
Hawkins, Hermann, Hlnes, Huntley,
KuykendalL XaFollett. Marsters, Miles,
Paulsen, Phelps, Purdy. Rand, Riddle,
Shelley, Smith of Yamhill, Webster, Will
For T. T. Geer Burgess, Crolsan. Daly,
Danneman, Davey. Harden, Hobson,
Howe, Johnson of 'Grant, Johnston of
Wasco, Judd. Kay, Mulkey, Simmons,
Stelwer. Whealdon 16.
For C E. S. Wood Bllyeu, Blakley.
Burleigh, Can trail. ClaypooL Galloway.
Kramer, Miller, Murphy. Olwell. Pierce,
Bobbins, Smith of Umatilla, Sweek, Test,
Wade, Wehrung 17.
For A. L. Mills Bailey. Cobb, Hodson.
Holman. Hudson, Hutchinson, Jones of
Multnomah. Malarkey, Mays, McGinn,
Myers, Reed 12.
For George II. Williams Banks, Orton
For W. D Fenton Fisher, Nottingham
ForlS. C George Smith of Multnomah.
For -H. W. Corbett-Glll.
For Blnger Hermann Jones of Lincoln.
For L. T. Harris Hume.
Absent Adams, Fulton, Hunt 3.
IX THE- S ESTATE.
Employers' Liability Bill Passed
Salary for State Printer After 10O6.
SALEM, Feb. SL-SpeciaL) The Senate
wor opened with prayer by Rev. H, A.
Kctchum, of the First Presbyterian
II. B. 2, Eddy To license domestic and
foreign corporations, was passed.
S. J. R, 2 To amend the constitution
so as to make the terra of office of county
officer four years, was adopted.
S. C It. 19, Kuykendall For a com
mittee of three from the Senate and five
from the House be appointed to consider
all bills relating to flat salaries, was
IL B. 106, Hale To remove the JK00
limit of damages that may bo recovered as
damages for Injuries causing death, was
made a special order for Tuesday at 2
S. B. 71, Wearing For the creation of
n state board of veterinary examiners, was
S. II. ID. Smith of Umatllla-GIving la
borers and material men Hens on rail
road, was Indefinitely postponed.
S. B. 23, Sweek To regulate the duties
of trustees and executors, was indefinitely
S. B. 67, Miller To define "real prop
erty," was indefinitely postponed.
S. B. 11L Howe Limiting the time of
collection of taxes, was Indefinitely post
poned. S. B. 59, Sweek To prohibit construction
of fish wheels in Necanlcum River, was
S. B. 13. Mulkey To amend the law
as to implied bias, was passed.
S. B. ISO. Miller To fix the salary of
the State Printer at $3300 after 1906. was
S. B. 147. Miller For flat salaries for
state officers, was referred to the Joint
committee on salaries.
S. B. 1C3. Daly To amend tho law rela
tive to diversion of water, was passed.
S. C. R. 20. Mulkey That the committee
for the investigation of the State Land jof
fice be authorized to call witnesses and
have the aid of the Attorney-General,
H. B. . Hansbrough To protect fel
low servants, was pussed by unanimous
S. B. 156. Wehrlng To provide for pay
ment of costs In cases of appeal, was
passed. The vote was later reconsidered
and the bill amended and passed.
S. B. 167, Myers To regulate and license
the business of Intelligence and employ
ment offices, was re-refercd.
S. B. 170, Sweek Relating to expirations
of liens in Judgment entry, was indefinite
S. B. 1SS. McGinn-Relative to the State
Reform School, was re-referred to Judi
S. E. 91, Kuykendall-Relatlvo to clerks,
was committed to committee on counties.
IN THE HOUSE.
Local and Clinrter Bllla Special Or
der Friday Nlsht.
SALEM. Or., Feb. 5. (Special.) The
House was called to order at 10 A. M. by
Speaker Harris and opened with prayer
by Rev. C. A. Ritchie.
H. B. 137, Miles, to regulate use of un
navlgablo streams, was made a special
order for Friday morning.
On motion of Mr. Eddy, all local and
charter bills were made a special order of
business for 720 P. M. Friday.
S. C. IL IS. Mulkey, that chairmen of
special committees on printing be empow
ered to appoint necessary clerks to aid In
examination of State Printer's office, was
adopted with the amendment that all
clerks engaged be reported to the House.
H. B. 213, SImmona, to protect subcon
tractors and persona supplying material,
was referred to the committee on revision
H. B. 17L Nottingham, to prevent manu
facture or sale of adulterated linseed oil,
H. B. 74, Hansbrough. the fellow-servant
law, was passed unanimously.
IL B. 2(0, Webster, to make Sheriffs,
Deputies and Constables cx-officlo Fire,
Game and Fish Wardens, was passed.
IL B. 239, for a State Bureau of Informa
tion, was indefinitely postponed.
M. B. 1S6. Webster, to limit liability of
counties for personal Injuries received
from defective highways, failed to. pass,
37 to 19.
H. B. 213 Johnson, for a portage rail
road at Celllo, was made a special order
for 2:15 Monday afternoon.
H. B. 37, Murphy, to provide for enumer
ation of the school children of tho state,
was referred to the committee on revis
ion of laws.
H. B. 110. Simmons, to amend the code
relative to school boundaries, was passed.
H. B. 126, Eddy, to regulate tune of ap
portionment of the school funds, was
passed. This bill provides that the appor
tionment shall be made on the first Mon
day in October of each year, and at such
other times as the School Superintendent
may seo fit.
11. B. 216, LaFollctt, to repeal ecalp
bounty, was referred to the committee on
assessment and taxation.
H. B. 214, Kay, to provide for furnish
ing litigants free copies of Supreme Court
opinions, "was passed.- Under the present
law litigants have to pay for copies.
H. B. 153, Reed, to prohibit the stealing
of rides on railroads was passed.
H. B. 212, Cornett, to require third-class
district School Boards to fence school
grounds and to plant trees thereon, failed
H. B. 209, Davey, relating to salary and
election of State Superintendent of Public
Instruction, was amended In committee of
the whole and. was .sent to the engrossing
H. B. 146. Bailey, to prevent blacklisting
of employes, was passed.
FLAT SALARIES COME UP.
Senator Miller's Bill Asaln Goes to
SALEM. Feb. 5. (Staff correspondence.)
There was a short skirmish in the
Senate this morning over the flat salary
question, but It resulted In nothing ex
cept an exchange of opinions. Senator
Miller's bill fixing flat salaries for state
officers was taken up on third reading,
when Senator Kuykendall moved that the
bill be referred to the special Joint com
mittee on salaries of state officers, which
committee is to bo appointed under a
concurrent resolution which was adopted
by the Senate this morning. Senator Mil
ler tried to get in a word In opposition
to a further reference of the bill, but he
did not catch the President's eye until
the motion had- been put and carried.
Miller objected to the bill being referred
again. "It has been referred to one
committee and reported favorably. I ob
ject to its being referred again, and ask
that It be placed upon final passage."
The President held that under the reso
lution Just adopted, all bills relating to
salaries of state officers should be re
ferred to the special committee.
"I agree with tho Senator from Linn'
said President Brownell. "that all politi
cal parties arc pledged to the passage of
a flat salary law, and I believe this Legis
lature will pass such a law, but all bills
on that subject should be placed In the
hands of one committee."
"The flat salary we are to enact is the
constitutional salary. Is it not? Is that
what you mean, Mr. President?"
President Brownell said that was what
Senator Kuykendall also expressed the
opinion that the Legislature must pass a
flat salary law. but thought the only way
to treat all the flat salary bills fairly was
to get them all into the hands of one
Connoisseurs, the fashionable world,
those whose palates easily detect superi
ority In excellence, set the stamp of ap
proval, and by general adoption are ad
vancing the popular brand of Moet &
Chandon "White Seal" Champagne
towards exclusive use at a. very rapid
pace. The increase In sales for the year
1903 over 1901 was 3C7.U6 bottles, a record
never before attained In the history of
the Champagne trade, marking a gain
equal to 664 per cent greater than the
combined Increase of all the other brands
of champagne. Moet & Chandon White
Seal Is acknowledged as "the acme of
STORMY SCENE IN HOUSE
Fldtiratliely roll Each Other's Wool
Both Mnnnpe to Land Some
SALEM, Or., Feb. 5-SpcclaL)-Mr.
Eddy, of Tillamook, and Mr. Burleigh, of
Wallowa, got Into each other's, figura
tively, wool today. In the mlxup both
gentlemen landed somo pretty stiff Jatw.
After each had vented himself In left
handed, back-action compliments Home
body annealed to a rule of the Houso to
stop tho fracas, but the storm was already
The trouble arose over Mr. Burleigh's
bill for a State Bureau of Information.
When the bill camo up for passage that
gentleman moved to make It a special
order for tomorrow and Mr. Eddy moved
to amend by postponing the bill Indefinite
ly. A debate ensued In which the two
gentlemen said meat of the words. Mr.
Burleigh referred to Mr. Eddy as a gentle
man from whoso face beamc-1 "Congres
nlonal aspirations." and Mr. Eddy re-
ponded that he himself was a gentleman
who had been Importuned to Introduce the
samo bill which Mr. Burleigh had intro
duced, and that he was also a gentleman
who bad not received IM for Introducing
the measure, and the promloe of S30 more
should the bill pa&s.
Tho honors were about evenly divided
at tho finish. Both gentlemen arc stiff
talkeru when they get wound up. Speaker
Harris did not cut in with any call to
order and the gentlemen had It out. The
Wallowa gentleman doubted if the Tilla
mook gentleman had even looked through
the bill and yet the latter had the "ego
tism to to to railroad It out of the
House." Mr. Eddy In return drew a pic
ture of a dark Portland gentleman who
had brought the bill to the Capitol and
who had been passed up by Republicans
until a Democrat of Mr. Burleigh's size
took It up.
"It locks peculiar," shouted Mr. Eddy,
"that a bill drawn up by this Portland
gentleman should be Introduced by tho
Wallowa gentleman. This Legislature U
going to bo known as one of large ap
propriations, and it should be cautious
about tax levies. If this tax should be
enacted, gentlemen, we would heartho
Wallowa 'Democrat' campaigning In the
htlli and dales of Wallowa. County and
damning tho extravagance of Repub
licans." "I don't know," retorted Mr. Burleigh,
how much tho gentleman was offered to
Introduce this bll, but I have championed
It on Its merits. He Is afraid the Legis
lature will bo abused and damned if it
passes this MIL I tell you. It will be
abused nnd damned anyway."
Mr. Burleigh added that Mr. Eddy had
very little consideration for the people In
voting for Senator.
"Is -Mr. Burleigh." asked the gentleman
from Tillamook, ircastlcally, "voting In
accordance with the will of tho people?"
'Then why don't you vote for Mr.
'I am voting for the choice of tnv nm.
pie. If I were a Republican I should keep
my pledge to the people and vote for
Mr. Eddy declared that he had no Con
gressional aspirations whatever. "But if
I had them." he cried, with a leer at Mr.
Burleigh and telepathic reference to the
J50 promise, "they would be honorable."
Mr. Burleigh ended the debate with the
declaration that as Mr. Eddy had a large
majority of votes behind him he had
grown "so foxy aa to be able to dismiss
a measure by a wave of his hand," and he
mougnt mo legislature should stand for
It no longer."
Tho gentlemen then Jarred loose from
their grip on each other and Mr. Eddy's
amendment carried. The Democrats voted
mostly with Mr. Burleigh and most of the
Republicans with Mr. Eddy.
A nctitlon slimed liv K hnn
testing against the passage of the hop In
spector qui, was read in tho Senate this
In the Houso today special orders were
made of" Miles' bill (H, B. 197)) to regulate
the use of unnavlgable streams, for Friday
morning; and of Johnson's bill for a port
age railroad below Celllo, for Monday af
ternoon. The House will hold Its first night ses
elon tomorrow, beginning at 7:20 P. M.
On motion of Mr. Eddy, local and charter
bills were made a special order for that
time. The House will thereby clear up
a large amount of work which has accum
ulated. Only about two weeks of the
session are left and some lawmakers are
getting restive for their bills. The Senate
Is better up with its work than la the
House, owing to tho lesser number of
measures in the upper branch.
Salo or manufacture of adulterated lin
seed oil is prohibited by a bill which
passed the House this morning by unani
mous vote. The measure was Introduced
by Mr. Nottingham and follows closely
the Iowa statute. The test required Is
223 degrees. Compound Unseed oil will
not come under the ban of the act, but
It must not be sold as pure product. The
Dairy and Food Commissioner Is to en
force the act. He la given authority to
enter all places where linseed oil Is kept
for sale, or Is manufactured, and to In
spect all tanks, barrels or vessels con
taining linseed oil. Penalties for violation
of the act range from 30 to JOOO. Section 1
Is ao follows:
Section 1. No person, firm or corporation
ball manufacture or mix for sale, sell, or offer
for sale, a raw United oil, any article which
le not wholly the product of commercially purs
United or flaxseed. Nor shall any person, firm
or corporation manufacture or mix for sale,
sell or offer for sale, as boiled Unseed oil, any
atlcle, unlets the oil from which aald article !
made bfl wholly the product ot commercially
pure linseed or flaxseed, and unless the same
has been heated to at least 225 decrees Fahren
heit. Representative Banks yesterday suffered
something of a scare about the fate ot
his bill (II. B. 39) to regulate and limit
the hours of female employment. The bill
passed the House by a practically unani
mous vote, but Mr. Banks was not con
tent to let the measure find Its own way
through the Senate, and he went over to
the other end of the Capitol to see how
It was getting along. It could not be
found. The chief clerk had not seen it.
Mr. Banks began a systematic search and
It was finally found In President Brown
ell's drawer, where It had been Inadvert
ently placed. The bill will probably be
come a law. largely due to Mr. Banks'
diligence and vigilance.
The courtesies of the House were today
extended to Hon. F. X. Matthleu, of
Marion County, the only survivor of the
framers of the Oregon provisional gov
ernment. Representative Shelley has Introduced a
bill to dispense with advertising delin
quent taxes. The bill provides that the
Sheriff shall collect taxes In the usual
manner and that owners of property shall
have three years In which to redeem. Mr.
Shelley points to the state of Washington
as a place where the system Is successful
which he advocates. Within 10 days after
the return of the delinquent taxlist to the
County Clerk the County Clerk shall re
tun the list to tho Sheriff, who shall there
upon issue certificates of delinquency.
These certificates shall bear Interest until
redeemed, at the rate of 12 per cent per
annum, and will he sold to any person ap
plying therefor. But when, through any
irregularity such certificates become void
and are redeemed by the county they
shall bear only 6" per cent Interest. Prop
erty may be redeemed by payment of the
amount for which the certificate was sold,
together with 12 per cent Interest, and all
taxes, assessments, penalties, interest and
costs accruing after Issuance of such cer
tificate, with 12 per cent interest thereon.
Threo years after the date of Issuance of
a certificate of delinquency, the holder
thereof may foreclose In the Circuit Court.
If the property Is not redeemed within
the timet specified by the act the Sheriff
shall deliver a deed thereto to the holder
of the certificate. The holder of the cer
tificate shall tako out a deed within one
year after he Is entitled to it the certifi
cate shall be null.
Mr. Shelley has also Introduced a bill
to permit persons, against whom garnish
ment mortgage foreclosure- Is directed, to
designate the newspaper in which the
notice of the execution shall be published.
Such persons arc to have the right to
contract with such .newspaper for the
publication of the notice.
A bill to require executors, who, by will
of a testator, serve without bonda, to
glvo bonds according to law on petition to
the County Court of any person Interested
In the estate, has been Introduced in the
House by Mr. Shelley.
Tho House today knocked out Cornett's
bill to require school districts of the third
class to fenco school grounds and to plant
trees thereon. Mr. Cornett argued that
school property should be made as at
tractive as po&ilble. Nobody disputed
him on that point, but only a few mem
bers agreed with him on Ms bill as a
means to make school grounds attractive,
Mr. Jones, of Lincoln, fought It and so did
Mr. Edwards. The latter gentleman made
a speech against Increased taxation which
the bill would entail and wound up by
saying: "Put tho money In the children's
In the Senate today the Hutchinson bill
to regulate the pursuit, business, art and
vocation of a barber was favorably re
ported by tho committee on revision of
laws. Tho bill will doubtless pass.
When Senate bill 110, by Miller, to put
the State Printer on a flat salary, pecsed
the Senate today. Senator Daly voted
no, and In explaining his vote made a
short but forceful argument against the
mil The measure provides that after
January 1. 1907, the State Printer shall
receive an annual salary of $3300. Senator
Daly said that If this bill passes, the next
Legislature will be asked to appropriate
JIOO.OOO to equip a state printing office and
that frequent appropriations will bo neces
sary to keep up the equipment of the
office. He believes that If the state should
own the office and hire the men employed
In the office, paying the State Printer a
salary, the state printing will cost more
than It does now. He believes tho proper
way to do It Is to pay the printer accord
ing to tho work done and if the ratcv) are
excessive, chango them. The bill passed.
notwithstanding the point raised by Sen
Tho stealing of rides on railroads Is pro
hibited by a bill which parecd the House
today. It was Introduced by Sanderson
Reed and alms to protect railroads against
tramps. Tram employes are given police
powers to enforce the act. The penalty
prescribed for each offense Is a fine of not
more than JCO or Imprisonment of not
more, than 30 days, or both fine and im
prisonment. The bill excepts train hands
from the enforcement of tho act, and the
section of chief interest reads:
That every Krson who shall at any place
within this state, ride or attempt to ride upon
any locomotive enelnc, railroad car. railroad
train or trains of any character, or la or upon
any part thereof for the purpose or with the
Intent of stealing a ride thereon, or who shall
at any zlace within this state climb upon,
hold to or In any manner attach Mmself to any
locomotive enslne or railroad car or railroad
train or trains ot any character while the
same are In motion or standing still shall be
guilty ot a misdemeanor.
"I think there Is a misunderstanding
as to the purpose of my bill (H. B. 14S),
which Is to prevent the coercion or lntlm-
'idation of employes," said Representative
uaiiey today, -it is not designed to pre
vent an employer discharging a man be
cause he belongs to a labor union or to
require him to employ him because he
docs belong to a labor union. Obviously
It would bo Impossible to do these things,
even If it were seasonable. The most a
measure of this kind can do is to prevent
Intimidation by an employer so that an
employe cannot Join a labor union; or to
force him to withdraw from anv union to
which he may.belong." The bill has passed
Tho Joint committee for the investiga
tion of the State Land Office today asked
for authority to call witnesses and em
ploy legal assistance. Senator Mulkey
explained that It has been Intimated that
the committee Intends to "whitewash" the
land department. "We do not intend any
such thing," he declared. "We will go Into
this land question thoroughly and In order
that we may get at the truth, we want
power to Incur the expense necessary in
bringing wltnceses from distant parts of
the state. Witnesses must be examined
by able attorneys, and we want authority
to employ suitable legal assistance."
Upon suggestion of Senator Kuykendall
the resolution was amended so as to re
quire tho Attorney-General to render
whatever assistance may be necessary,
and the resolution was adopted.
There was a division In tho Senate this
morning ever the adoption of Senate Joint
resolution No. 2. to amend the constitu
tion so as to extend the term of office of
county officers to four years. Thero was
no discussion of the question, but on roll
call the vote stoodu6 to 11 In favor of the
resolution. Later In the day Senator
Pierce introduced a bill making the term
of assessors four years, as this office Is
not mentioned in the section ot the con
stitution fixing the terms of other officers.
Senator Wehrung's bill to fix the fees
to be paid by litigants passed the Senate
today. Before being paeeed the Jury fee
was reduced from 111 to IS. Senator
Wehrung's bill contemplates an advance
of about 40 per cent In the fees to be paid
Two reports will be made tomorrow on
the osteopathy bill in the Senate. Tho
majority report of the Judiciary commit'
tee will be favorable, while the minority
report win be cither unfavorable or carry
amendments. The bill is Senate bill 136.
by Brownell, to create a state board ot
TO PREVENT BLACKLISTING.
Bailey's Bill Paaaes House, With
Three Opposing; Votes.
SALEM. Or., Feb. 5. (Speclal.)-Repre-sentative
Bailey's bill to prohibit black
listing ot employes passed the House to
day. Three members voted "No," Both
Cornett and Hume. Mr. Bailey made a
clear statement ot the purposes of the
act before the bill came to a vote. He
said the measure aimed to prevent one
employer from prejudicing another em
ployer against any person whom the
former might discharge with Intent to
prevent such person from securing work
elsewhere. He cited that nearlyall other
states had similar laws.
Mr. GUI asked If the bill protected em
ployers against blacklisting by employes.
Mr. Bailey responded that there was a
law on the statute books already to that
effect. "We already have a law." said
he, "prohibiting boycott's and conspir
acies." The penalties for violation of tho
act range In fines from 130 to 3230. and In
Imprisonment from 30 to SO days. The first
section of tne measure reads:
Section L No corporation, company or Indi
vidual shall blacklist or publish, or cause to be
blacklisted or published, any employe, mechan
ic or laborer discharged by such corporation,
company or Individual, with Intent and for the
purpose of preventing- such employe, mechanla
or laborer from engaging In or securing similar
or ouer employment irom any other corpora'
tlon. company or Individual
When you suffer from sick headache.
dizziness, constipation, etc, remember
urors utile Liver I'ms win relieve you.
uac pm is & cuse.
Hood's Sarsaparllla cures rheumatism,
dyspensla and catarrh because they are
SCALP BOUNTY ASSAILED
LAFOLLETT QUOTES FACTS AND
Cost to the State Has Iteaehed Great
. of $40,000. '
SALEM, Or., Feb. B. (Staff correspond
ence.) Representative LaFollctt, of Ma
rlon County, exploded a bombshell this
mornlnir under the feet of the Eastern
Orccon Rctrescntatives In a fierce attack
on tho famous scalp bounty law. The ses
sion had progressed to Its fourtn weK
without obvious ovldence of dissatisfac
tion on tho part of the Legislature with
the great question of paying $2 per head
for dead coyotes, and the advocates of
the measure had thought the western part
of the state wa3 at last content win pay
ing out large sums of money into the
pockets ot the scalp-hunters.
Some days ago Representative LaFol
lett, who owns a farm In Marlon County
and who Is a taxpayer of large propor
tions. Introduced an Innocent-looking
measure In the House, which was entitled
H. B. 216. "A bill for an act to repeal sec
tions 42K. 4227. 4223. 4329. 1030. 4331. 4332 and
4333. title XXXVII. chapter 7. of the code."
No one took the trouble to ascertain just
what Mr. LaFollett was driving at In this
measure, but doubtless supposed that ho
wns anxious to amend the road law or
to correct the multiplication table or the
Jury system, or sometMng of that sort
the usual object of proposed laws to
amend the code; but the Marlon County
Representative had a very definite plan
In drawing-up this bill. Ho had been look
ing up facts and figures about coyotes,
alive and dead, and he came to the con
clusion that the taxpayer was staggering
along under the load ot too heavy a bur
den without any commensurate benefit.
Tho bill went to the committee on agri
culture, which Is made up of Messrs. Paul
sen. LaFollett and Cornett, all of whom
hall from Western Oregon, and all of
whom nre not especially Interested in the
destiny of coyotes and other wild animals,
except as they affect the public purse; so
they kept their own counsel about the
LaFollett enterprise and awaited develop
ments. House bill 216 was reported back
with the recommendation that it be
passed. It slumbered quietly in a pigeon
hole on the clerk's desk' until it was
reached In regular order tWs morning.
Then Mr. LaFollett sprung his mine.
"This Is a bill," ho said, "to repeal the
scalp bounty law. .which has cost the tax
payers of the State of Oregon a great
sum of money since Its enactment at the
Leglsature ot 1S99. I havo In my hnnds a
biennial report of the Secretary of State
for 1903, in which I find some very Interest
ing figures. I learn that the whole num
ber of scalps upon which $2 each was
paid by the taxpayers for the period ending
June 30. 1S02. was 115.4SS, or a total of more
than J23O.O0O. Now, I discover that the
total number of scalps turned Into the
Count Courts for the six months' period
ending December 31. 1901, was 12.930. rep
resenting a total value of over $23,000. In
the succeeding sir months ending June
30. 1902, the total has attained astonishing
proportions, being 30,831. or considerably
more than double the number turned In
during tho preceding six months, and rep
resenting to the taxpayers an outlay of
"What are we to suppose from these
figures? If the scalp bounty Industry in
creases at tMs rato the taxpayers must
have paid up to December 31, 1902. more
than $330,000. Now, we might possibly be
able" to stand it If we felt that we were
getting any benefit from It; but, on the
contrary, the longer the law is on the
statute books the more coyotes -we seem
to have. I understand the purpose ot the
lav was to exterminate the coyotes. It
would seem that the actual result had
been to Increase them to a vast aggre
gate. The state must do something about
Mr. LaFollett went on In this vein for
some time, to the visible consternation of
the members from Eastern Oregon. As he
concluded, Mr. Phelps, of Morrow County,
Jumped to his feet and said:
"The scalp bounty business is a mat
ter upon which Eastern Oregon is not en
tirely agreed. Wo do not" know anything
about this bill, and we have had no time
to examine its provisions. I therefore ask
that the measure be re-referred to tho
members from Eastern Oregon."
Mr. Kay, chairman of the ways and
means committee and custodian of the
state treasury, saw In this motion a
scheme to head off the plan to repeal the
law, and he went after It In red-hot style.
"I consider this motion an Imposition
upon this body and the whole State of
Oregon," he declared. We are asked to
refer this measure to the members from
Eastern Oregon, the place where 90 per
cent of this money Is paid out. It Is
capable of demonstration that since this
law went Into effect coyotes have in
creased at the rate of several hundred per
cent per year. It is my understanding,
that the law was originally passed tb ex
terminate them, but It has not done any
thing of the kind. It has. however, made
a very profitable industry out ot the
coyote farming business. If the coyotes
Increase at the same rapid rate as they
have in the past, the state will be over
run with the brutes. I have heard It said
that the Scotch collie business has also
assumed large dimensions during the past
few years, the reason being that when a
Scotch collie Is two months old hcrcannot
be told from a young coyote, and his scalp
Is therefore worth S2 a head. The Secre
tary of State tells me that there will be a
deficiency bill of 340,000 to pay put for these
same scalp bounty warrants. All this is
In addition to the $30,000 appropriated by
the last Legislature. If the state does
not repeal this law, we shall soon have a
greater deficit to face that the entire
amount of the Lewis and Clark appropria
tion." "I assure the gentlemen of the Legisla
ture that I had no ulterior motive in mak
ing this motion." replied Mr. Phelps. "I
said that tho people of Eastern Oregon
are divided on this subject, and I thought
It proper to ask that It be considered by
them. However, if this Is not satisfac
tory. I shall withdraw the motion and
ask that the measure be referred to the
committee on assessment and taxation. I
Insist that all persons who are Interested
In this matter should have the chance to
be heard. Very few people knew what
this bill was."
Mr. Malarkey suggested that. Inasmuch
as this was a matter of great Importance,
the proper thing to do would be to con
sider It In committee ot the whole, and he
mado a motion to that effect, and asked
that the bill furthermore be made a spe
cial order for tomorrow at 11 o'clock.
The" Speaker suggested to Mr. Phelps
that he might withdraw his motion, but
he declined. Mr. Eddy then took a hand
In the debate and urged that the matter
be referred to the committee on assess
ment and taxation. It was his opinion, he
said, that some compromise measure
might be adopted. Mr. Malarkcy's motion
was ost on viva voce vote, and the bill
was then referred to the committee on as
sessment and taxation.
The Eastern Oregon Representatives
pet one cake of it.
Nobody ever stops at a
Pears' soap for toilet,
t bath and shaving.
Bold aU orcr lie world,
had won their point. Mr. Phelps is chair
man ot thafcommlttee.
TO AID THE GAME WAItDEX.
Sheriffs and Constables Are Given
SALEM, Or.. Feb. 5. (Special.) A bill
to make Sheriffs, Deputy Sheriffs and Con
stables ex-offlcio lire, game and fish
wardens (IL B. 240. Webster) passed the
House this morning. Such officers are
given authority to enforce tho game, fish
and forestry laws and to arrest offenders.
They are to have power to search "with
out warrant, any boat, conveyance.
vehicle, flshbox, fishbasket, gamebag,
gamccoat or other receptacle for game or j
nsn wnen they have gooa reason to be
lieve that any of the laws lor the pro
tection of forests nnd timber lands, game,
and food fish1, "have been violated; and
the said Sheriffs, Deputy Sheriffs, Con
stables, or wardens shall at any tlmo
seize and take possession ot any and all
biros, animals or nsn which have been
caught, taken or killed at any time. In a
manner, or for a purpose, or had In pos- ,
session or under control, have been ship
ped, or about to be shipped, contrary to
any cf tho laws of this state, and seize
and take possession of any and all fishing
appliance and boats, fished, operated or
maintained In violation of any of the
game or fVh laws of the state. All birds,
animals, or fish, or nets, or fishing ap
pliance or apparatus seized by any Sheriff,
Deputy Sheriff, Constable or warden shall
bo disposed of In such manner as may be
directed by tho court before whom the
offenso is tried, and such Sheriff, Deputy
Sheriff, Constable or warden shall not be
liable for damages on account of any
search, examination, or seizure, or the
confiscation of any nets or fishing ap
pliance or apparatus of any kind In ac
cordance with the provisions of this act."
CUT ?500 IX PERQUISITES.
Dnt Superintendent 'Ackerman Slay
Get Increase in Salary.
SALEM, Or., Feb. 5. (Special.) Davey's
bill to Increase the salary of the State
Superintendent of Public Instruction to
J3W0 a year was considered In the House
today In committee of tho whole and was
amended so as to repeal the $300 In per
qulsltes, which the Superintendent now
draws. The present salary Is $2000 and
$500 In perquisites. The new bill limits
tho traveling expenses of the Superinten
dent to $300 per year. The measure as
amended went to the engrossing com
mittee. "The Superintendent of Public Instruc
tion," said Mr. Davey, "should have a
salary sufficient to support tho office with
due dignity. The salary proposed Is
Mr. Malarkey doubted if the bill repealod
the law allowing the Superintendent $300
Mr. Davey replied that the bill provided
that all previous acts affecting the salary
of the Superintendent were repealed.
"But those perquisites," replied Mr.
Malarkey, "are not for his services as
Superintendent, but for his duties as a
member of certain stato boards."
"That's right." said several members
and the House went Into a committee of
the whole to consider the bill, Mr.
Malarkey presiding. Mr. Davey then pre
sented an amendment, which was adopted,
providing that the Superintendent should
receive no perquisites or fees In addition
to his salary of $3000.
The Mil will probably pass.
WHY MAKE THE STATE PAY?
Reason One Bill Wat Sent Baclc to
SALEM, Or., Feb. 5. (SpeclaL) A bill
to protect subcontractors, material men
and laborers "who may work on public
buildings or who furnish material there
for" came up In the House this morning
for third reading, and was referred to the
committee on revision of laws .for amend
ment, Tho blU provides that any" person
who may enter fnto t fcontra'ct -for con-,
structlon ot any public work shall give
"the usual penal bond" to guarantee pay
ment for all labor and materials he may
use in carrying out Jiis contract. Any
person supplying such labor or material
on his demand shall be furnished a copy
of the contract and bond, upon which
he shall have right to bring suit in the
The clause which caused passage' of the
bill to be deferred this morning was the
"And the expenso ot such action or
prosecution (as above mentioned) shall
be borne by the State of Oregon or by
tho county, municipality or school district
In whose name the same Is brought."
Mr. Malarkey Jumped on this part of
the bill. He didn't see why it should
be there, or why the public should pay the
cost ot the litigation. He also opposed
the emergency clause on the tall end of
The committee to which tho bill was re
ferred has Mr. Malarkey for Its chairman.
The bill was introduced by Representa
Supremo Court Bailiff III.
SALEM, Or., Feb.. 5. (SpeciaL) Flnley
C. Perrine, who for the past 20 years has
served as Supreme Court bailiff in this
state, is critically ill at his home in this
city. He is suffering from brain affliction
and cannot recover.
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SEJTATOR KUYKENDALL'S SEW
. PLAX IS CONSIDERED.
Senator McGinn Makes An Attack on
It, and Wants .No Ex-Post
SALEM. Feb.-5. (Staff correspondence.)
The never-to-be-downed rlerkship dis
pute came up in the Senate this afternoon.
Senator Kuykendall, father of the clerk
ship reform, got up a new measure for
the direction of this and succeeding Legis
latures in ths number, character and
compensation of clerks to be employed,
and urged. Its favorable consideration by
The bill had the advantage of a favor
able committee report. As explained by
Senator Kuykendall to the Senate. It pro
vides for an Increase In the number ot
expert clerks allowed by the old Kuyken
dall law; that the Important committees
shall be entitled to name their own clerks;
that at the closing days of any session,
extra help may be employed; and that
enrolled bills may be typewritten. An
emergency clause was added, so that the
present Legislature may havo the ad
vantage of the more liberal terms con
tained in tho law.
Senator McGinn appeared to smell a rat.
He evidently thought that the bill was
aimed at the resolution ho had so fondly
cherished and promoted at the beginning
of the session to give each Senator an
extra clerk. "What Is this?" he asked
Senator Kuykendall. "Why do you want
this measure to take effect at this ses
sion? Is It so that clerks already provided
for will not be paid for?"
"No," replied Senator Kuykendall. "it
Is not. I have not attempted to pass an
ex-port facto law."
"The fact that the Senator confesses
that wo have not enough clerks is an
admission of the futility of this kind of
legislation," said McGinn. "We ought not
to attempt to bind succeeding Legislatures
by legislation of this kind. What do we
know about the needs of a Legislature
two years from now? Let us not as
sume." and the Senator grew eloquent,
"let us not assume that we are not the
last honest Legislature to meet in the
State of Oregon."
Senator Pierce thought the intent and
purpose of the bill correct, and said ha
would support It.
"I fear It has been assumed by soma
that It Is my purpose to dictate in the
matter of clerkships," said Senator Kuy
kendalL "It Is not so, and I beUeve that
when the Senators know me better they
will be satisfied that my sole purpose is
to get the best service for the state for
the least money. Public attention has
been so long called to this abuse that I
think that we should set the stamp of our
disapproval upon It." The blU was finally
referred to the committee on counties for
TO SUCCEED A. C. DILLEY.
li A. MoPberion, of Portland, Ap
pointed Assistant Warden.
SALEM. Or.. Feb. 5. (Special.) Gov
ernor Chamberlain today appointed E. A,
McPherson, of Portland, Assistant War
den at the State Penitentiary, to succeed
A.CDllley,who recently resigned his posi
tion because' of the scandal that was dis
closed at that institution. The new ap
pointee will begin his duties on Friday.
Mr. McPherson was born in this city in
1S66, and, with the exception of the last
15 years, which were spent in Portland, he
has always resided In this city. He served
as .shop guard at the prison, under tho ad
ministration of Governor Pennoyer. la
Portland he was employed by the lloyer
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