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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 9, 1905)
xjpmtmt. VOL. XLIV. XO. 13,755. POBTLAOT, OBEGON, MOIKDAY, JA3TCJABY 9, 1S05. PEIOB FIVE CENTS. U IN WINS Chair of Senate to Go to Kuykendalll COMBINATION WILL ' FAIL Democrats Cannot Be Gathered Into Combine's Fold.. HOT CONTEST FOR SPEAKER Fight for That .Office Hinges on Two Men, Jagger and Huntley of Clackamas, Who Will Not An nounce Their Intentions. SALEM, Or., Jan. 8. (Staff Correspond ence.) Kuykendall, of Lane, will bo the nominee of the Republican caucus for President of the Senate. The contest for Speaker hinges on two men, Jagger and Huntley, of Clackamas, who declined to night to go into the caucus of either Kay or Mills, and refused to announce their choice. "Without these two men Hills and Kay each has 24 votes. Fifteen Senators entered the Kuyken dall caucus in the 'Willamette Hotel to night. The Lane man's victory was se cured hy the addition of Crolsan and Hobson, of Marion, to the 12 Senators, who were lined up "behind him, and all last week his ten opponents, who pledged themselves at Portland Saturday to stand against Kuykendall under Carter's ban ner, declare that they have not yet lost tho battle. They will not divulge how they intend to carry on the fight, but rumors are rife that they will refuse to go into the gen eral Republican caucus tomorrow and will unite with the five Democrats of the Sen ate, thus increasing their force to 15. That would leave Kuykendall with only 15 Republican votes, which would be in sufficient to elect and would make a deadlock. Democrats May Not Combine. But the Kuykendall managers announce that all the live Democrats would not so into that sort of combination. If the ten opposing Senators have any such etratcgy In .mind they will inot -confirm-it this morning. But it Is well known that that plan is contemplated by them and It is said that they lack only the concur rence of tho five Democrats. The line-up for Speaker is the same as published in Sunday's Oregonlan. but today's doings havo revealed the affinities of six of the eight Representatives who were doubt ful when that list was published. This morning the array is as follows: For Mills Bailey, Holcomb, Crang, Mears. Mills, Capron, Colwell, Henderson, Hudson. Kllllngsworth, Llnthlcum, Mulr, "Welch, Graham. Gray. Sonnemann, Her mann, "Vawtcr, Cooper, Bramball, May gcr. Cole. Sltx, Vonderhellen 24. For Kay Calvert. Kay, Richie. Settle meler. Cornctt, Bingham, Edwards, Grif fin, Jackson. Carter, Miles, "West. Barnes, Tlint. Newell, Shook, Stelner, Dobbin. Mc Lcod, Smith. Donnelly. Kuney, Burgess, Jayne 24. After the Needed Men; Tho Mills people havo signed up the 24 Representatives named for their candi date in the above list, but have not been able to get tho signatures of Huntley and Jagger, though they have been bringing- tremendous pressure to bear on the two. "W. B. Ayer is foremost of the men who arc working on the Clackamas Rep resentatives. Others who have had them in tow are Senator Booth. Senator Kuy kendall. L. R. "Webster. J. N. Teal. S. H. Llnthlcum. Senator Hodson. J. M. Kecnc, J. V. Campbell and A. J. Capron. The Mills caucus is the scene of feverish activity. Men are coming and going, and the door of the room Is opening and closing to admit and emit emissaries. Huntley and Jagger each promised their support to Kay, though Huntley did not'tyledge himself to the Marlon candidate. It is known that their per ianal preference is for Kay. and that other reasons make them hesitate. If they shall follow their personal inclina tions, and Kay's other 24 men shall re main steadfast, as there is good reason to believe they will do. Kay will probably receive the caucus nomination. Both Huntley and Jagger refused this morning to tell how they will vote in caucus. "I never was in such a mess in my life!" exclaimed Jagger. "Nor I." declared Huntley. Both Sides Make Claim. Graham of Marion has also refused to divulge his choice, but he was ln the Mills caucus, and Is conceded to Mills by the Kay people, and Is said to have signed up .to Mills. Gray of Douglas, who has been doubtful, also "went Into the Mills caucus: also SItz of Harney. Cole of Umatilla sent word by telephone that he was a Mills adherent. Miles of Yamhill is still claimed in the Mills camp. 1'ut is known to be on the side of Kay. Smith of Baker declared alliance with Kay In Portland Sunday morning. The Mills workers admit that they are two short of the needed 26 votes to con trol the caucus. The Kuykendall trick was turned in Portland, where Crolsan and Hobson signed themselves to the Lane candidate. Early Sunday morning Brownell came up from Oregon City and labored all day to tear the two Marion Senators loose from KuykendalL He failed and imme diately Jumped aboard the Kuykendall bandwagon. The ten Carter men hoped that Brownell might stay with them, and were sorely disappointed. Early this morning tho ten are still In a caucus of their own. and are responding to the noisy demonstrations of their op ponents with demonstrations of their own . few distant from the Kuy kendall sanctuary. The '.ten are Haines, Howe. Nottingham. Farrar, ""Whealdon, Bowerman, Laycock, McDonald, Wright, Carter. The Kay people held a caucus after which they declared that they ' had 2f men, including Jagger and Huntley. ' KUYKENDALL MEN MEET. Every Senator to Support Him in Re publican Caucus. SALEM, Or., Jan. 8. Staff Correspond-, ence.) The caucus of Kuykendall sup porters met in a room in the "Willamette Hotel late this evening, with the follow ing Senators present: Mays, Malarkey. Hodson. Hoi man and Slch'el, of Multnomah; Rand, of Baker; Booth and Kuykendall, of Lane; TutUe. of Clatsop; Coke, of Coos and Curry: Laughary. of Polk: Brownell, of Clacka mas, and Crolsan and Hobson. of Marlon. This made 14 present, but Senator Coe, of Multnomah, sent a letter. In which he said that he would be bound by the acr tion of the meeting. Senator Rand was selected as chairman and, after a brief statement of the pur pose of the meeting, a vote was taken, and it was unanimously decided that every Senator present will support Kuy kendall for President of the Senate "In the Republican caucus tomorrow. There are 25 Republican Senators, requiring 13 to carry the caucus. There are 30 members of the Senate, and the Senators present or represented at the Kuykendall meeting were half the entire membership of the Senate. This fact exploded ...the rumor that the ten anti-Kuykendall Senators would combine with the five Democrats and .name the President of the Senate. - Minor Officials Discussed. After the meeting had decided to sup port Kuykendall for President, the sub ject of minor Senate officials was broached, and a number of candidates for the several positions were mentioned. It soon developed, however, that some of the Senators present had already made pledges which they must keep, and that it would be impossible for the Kuyken dall people to proceed and name the per sonnel of the entire organization. It was also considered advisable to let the gen eral Republican caucus participate in the selection of the minor officials. It was further agreed that the Demo crats should be permitted to name some of the clerks. In accordance with these conclusions, further discussion of clerical positions was abandoned, and will be taken up tomorrow in Che organization caucus. The principal candidates for positions in the Senate are: Chief clerk, S. L. Moorhead, who has no opposition for re election; reading clerk, Frank Motter. without opposition ?or re-election; journal clerk, "W. "W. Nickell; calendar clerk, Frank Middleton. F. A. Turner, Simon Caro. For clerical positions in the House, the principal candidates are: Chief clerk, A. C. Jennings and W. Lair Thompson; reading clerk. C A. Murphy. C. N. Mc Arthur and M. IB. Miller; journal clerk, F. "W. Drager; calendar clerk. F. O. Northup. The members of the Legis lature were so busy today discussing the main contest on organization that the candidates for minor positions received scarcely any attention, and others than those named here will make themselves known tomorrow. The Democrats have taken no action yet on the matter of organization, as their participation in such proceedings will consist only of conferring an honor upon some one of .their number. In the Senate, Miller of Linn, or Pierce of Uma tilla, will probably be named aB a can didate and given the five Democratic votes. In the House. R. G. Smith, of Josephine, or "W. M. Blakely, of Umatilla, will probably get 10 Democratic Repre sentative votes. STUDENTS WILL BE REINSTATED Young Gould Tells How He Happened to Have Revolver in His Pocket. NEW YORK. Jan. a Following the re ceipt of a letter from Klngdon Gould asking clemency for the four students who were suspended in connection with an attempt to seize him for the sopho mores' dinner. Just before the holidays, announcement has been made by Dean Hutton. of the School of Applied Sciences of Columbia University, that the dis ciplined men, Algeltinger, Cauchols, Doty and Finch will be allowed to return to their work at the reopening of the uni versity this week. Before the announcement was made there was a conference between Presi dent Butler, the members of the board of students representatives and the four suspended students. The purpose of dis ciplining the four men was to make plain to the students themselves and to the public the fact that the hazing would not be tolerated at Columbia, and that end, it is said, has been accomplished. Klngdon Gould, in his letter asking that the suspended men be allowed to return accounted for his possession of the re volver which he tired to frighten off the. sophomores and expressed his wish to finish his course on terms of good fellow ship with the other students of the unl cerslty. Regarding the revolver, ho wrote: "I always take long rides in the coun try -after the college work of the day. usually returning after dark. I frequently take with me a pistol. On the day In question I happened to have it and when attacked I fired It in the air so that by the consequent surprise of the fellows I might, gain time and opportunity to enter the fraternity-house, where I was going to get my lunch. I had not the slightest intent of doing any harm to anyone and never supposed the incident would be taken seriously." BAKU OIL TANKS DESTROYED Strike of Workmen Continues for Wage Scale of $11.50 Per Month. BAKU. Jan. S. A big fire, presumably of Incendiary origin, today destroyed 15 tanks in the Nobels camps and several adjoining properties. There has been no actual fighting since .January 5. when a collision occurred be tween strikers and Cossacks and six workmen were killed and two Cossacks and 30 workmen Injured. The strike has been in progress since December 25. The original dispute was over horses and wagons. The first few days of the strike there was no trouble, but December 29 crowds threatened the guards stationed about the refining works and the Cossacks were called out. Many men were injured in desultory fighting between strikers and soldiers at various points. The managers have expressed a willing ness to meet the strikers part of the way. The hour question has been conceded to the workmen, who are granted a nine-and-a-half-hour day, with an eight-hour day preceding holidays. The train service, which was Inter rupted, was resumed on January 2. The wage question still remains unset tled, the men demanding 51L50 a month. IA big meeting at which it was decided to continue the fight led up to the strike January 5. Trouble is brewing and the teleohon service is again InterruDtad. BEftDYTORWOR K Legislators Gathered at .Olympian ; MEGLER TO BE SPEAKER Battle for Senatorial Toga Has Not Commenced. WILSON t STRENGTH GROWING 'orTchl Candidates Now on theField Legis. " lators Favor Large Appropriation for Participation In Lewis and Clank Exposition. OLYMPIA. "Wash.. Jan. 8. (Staff Cor respondence.) Organization of the two branches of the Washington Legislature, which began with a rush yesterday, was continued throughout today, and when the Legislature meets tomorrow tho schedule will be ready, for ratification. The House employes have all been agreed upon, and the most important positions in the Senate have been distributed. At a caucus held at 2 o'clock this afternoon, the House members unanimously ratified the nomination of J. G. Megler for Speaker of the House, and appointed a committee of 17 to distribute the House patronage. The Senate also met and agreed on the following: employes: J. W. Lysons. of Jefferson, secretary: "W. T. Lautz, of King, assistant secre tary; George J. Hurley, of Ferry, ser-geant-at-arms; William Conner, of King, assistant sergeant-at-arms. Lysons held the same position two years ago, and Hurley was a member of the last State Senate. The minor positions are to be allotted to the' different sections by a committee, consisting of Senators J. J. Smith, chair man; George C. Brown, Carey Stewart. J. J. Pogue, E. M. Rings, R. Kinnear and T. Sumner. This committee will decide how the patronage will be divided and the naming of the appointees will be left to the members, from the respect ive counties where it is awarded. House Slate. Is Perfected. The House committee, which was bead ed by Dr. W. H. Hare, consists of Rep resentatives Dawes and Clark, of King; Llndsley and Scott, of Spokane; Mc Nichol and Reed, of Pierce; Roth and Morgan, from the Northwest; Relter. from Lincoln: Stevenson, Benn, McCoy and Blaker, from the Southwest; Dick son. McGregor and Rudlo from the South east. Their slate was perfected this even ing, and includes the following employes: Chief clerk. Storey Buck, Spokane; assistant, C. "W. Gorham, Snohomish; reading clerk, B. Klrkendall. Garfield; assistant. L. O. Melga, JaklrMi: minute clerk. K. P. Gilbert, Spokane; scrseant-.t-arms. George Breslln, Klickitat; assistant. John Ward. Pierce; Frank Williams. Whatcom; docket clerk, S. P. Curusl. Clallam and Jefferson; desk clerk. A. K. Kennedy. King; Journal clerk. L. F. haw, Clark; as sistant. R. D. Campbell, Pierce, enrolling clerk. Grant Cotterell, Lewis; assistants, Walter "Wil liams, Pacific; L. M. Packard. King; engross ing clerks. A. P. Loomte. Whatcom; C. F. De Gran, Spokane: Index clerk, H. Green, King; bill clerk, George Greeg. Pierce; assist ant committee clerk?, Albert M. McKay, Lin coln; L. H. Brewer. Chehalls; Jamea Hay, King; C. E. Hcckett. San Juan; H. H. McLeod. Inland; A. Burdlck. Mason; Harvey Jackson. Kitsap; Harry Griffith, Cowlitz; J. L. Johns, Pierce; Harry Kemp, Kitsap; Roy Radio, "Walla Walla; M. A Keys, Whatcom; Gaudy, Yakima; J. L. Johns. Pierce: Shirley. Douglas; Shotwell, Chelan; W. J. McLaren, Snohomish. The great haste of the members in working overtime and on Sundays was due to the presence of an unusual large swarm of place-hunters, who made life, a burden to them so lone us there was a vacancy to be filled. Many Applicants for Positions. The Washington Legislature drew the line at female clerks two years ago, and no attempt to revive the cus tom of providing a soft snap with easy money for sisters, cousins and sweet hearts -was attempted. this year. It was found by experience that the men em ployed did the work better and did more of it than it was possible to set out of the women who were generally appointed because they had a pull and not because they were fitted for the work. The elimination of the female sex from competition for these posi tions did not shorten the supply of available timber, for there was an average of five to seven applicants for every Job- that could be given out this session. With so much preliminary routine business to attend to, there was very little doing in Senatorial matters to day. All of the candidates are now on the ground, and spent the day inter viewing the members, Quite a few of whom did not reach here until this afternoon and evening, but with ten days intervening before the first ballot is taken for United States Senator, there is no disposition to rush matters. John L. Wilson and S: H. Piles, who have neighboring headquarters near the lobby, into which the old Capitol building, where the last Legislature met, has. been converted, circulated through the crowds In the lobby for the greater part of the day. Foster re mained in his rooms in the Reed block and Sweeny greeted his friends In the lobby at the Mitchell House. If there has been any change at all in the situation it has been a slight strengthening of the Wilson cause. The ex-Senator has demonstrated that he has more votes outside of King County than any other candidate that can be Jumped up in the county, and if It were possible to swing the Piles fol lowing in King County to John JU. he would Immediately become a very formidable factor In the Tace. .Despite the fact that Foster will have a good lead over other candidates on the first ballot, none who arc Inclose touch with the situation regard his chances very highly. His salvation undoubtedly depends on a auick election and there is nothing in tho situation now that looks like a speedy settlement of the .contest . . Sweeny Men Are Satisfied. Sweeny and his lieutenants are mak ing no extravagant claims, but 'state that they are perfectly satisfied with the outlook. The Spokane candidate 1b proving a pretty good mixer, and in this respect is proving a surprise to some of the members who had never met him. The assertions of some of his rivals that he has nothing but his money to recommend him do not hold good when be makes the acquaintance of the members, and this misrepresent ation Is having a boomerang effect on tho men who launched it. Lieutenant-Governor-elect Coon has not yet completed his committees, al though he is said he has been working on them since election. ' It came as a surprIsejpvJ5aTT thathe SgnorPalmer chairman" will appoint of the Judi ciary committee. Senator Palmer is generally blamed for the extensive cir culation of the very nasty story that was sprung regarding Mr. Coon and was also accused of endeavoring to get Coon off the ticket. In view of these facts Coon's friends are quite indig nant that Palmer should received such recognition at the hands of the man he so grievously injured. Senator George H. Baker, of Klicki tat, is slated for the most important chairmanship on the list, the appropri ation committee, and Vandevanter, of King, will be at the head of the rail road committee. One of the first bills which will be rushed through will be for a good appropriation for the Lewis and Clark Fair. The fair has more friends In the Legislature this session than it had last, and there Is a man in the Governor's chair who will not veto the bills as a punishment for members who were not in accord with him on other matters. Not only is there an almost universal sentiment among the members in favor of a big appropriation, but the state papers are nearly all insisting on it Today's Tacoma Ledger has an editor ial advocating the appropriation of $100,000, which is the largest amount yet mentioned in connection with the matter. E. W. W. Mead Makes Appointments. OLYMPIA. Wash.. Jan. 8. (Special.) Governor-elect Mead ' announced, this evening that hd would appoint A. F. Kees, of Walla Walla, to the position of Warden of the State Penitentiary. He also announced that he would appoint .W. L. Cadroan, of Walla Walla, as state clerk In the same institution. ' SAANA IS BELIiAQIJEESD. Turkish Trcops Have Beet Hurried to Relief of GaVrison. CONSTANTINOPLE, Jan. S. Rein forcements have been sent to the relief of the garrison at Saana (capital city of Temele, Arabia, 110 miles east northeast of Hodieda, and having a population of. 40,000), which has been beleaguered for several weeks. Official circles are confident that the garrison can hold out until the ar rival of succor. CONTENTS OP TODAY'S PAPER Tho Weather. TODAY'S Fair and continued moderately cold; winds mostly north to east. YESTERDAY'S Maximum temperature. " -18 deg.; minimum, 46. Precipitation, none. National. Shah of Persia pays large sum for murder of American missionary, to save life of descendant of the Prophet. Page 3. Discussion of the Joint statehood bill begins today In the Senate. Page 3. The House will consider appropriation bills during the week. Page 3. Representatives Williamson and Jones wilt work for continuous contract on The Dalles canal. Page 1. Senator Mitchell has not yet decided whether he will resume his seat In the. Senate. Page 1. War In the Far East. Foreign Minister LarasdorfT Is said to favor peace with Japan, Page 4. Russian General and an Admiral taken to Japan as prisoners of war. Page 4. General Nog! reports transfer of all prison ers. Page 4. Foreign. KaUull may lead Moors In holy tear against the French In North Africa. Page 4. Uncle of King ot Italy attends services at which Pope Plus Is present. Page 4. Domestic. Bettina Glrard, actress, daughter of General Ordway. dies In a New - York hospital. Page J 3. Brodle S. Duke goes to Now Tork sanitarium after marriage with Chicago woman. Page 13. General Miles says he will take precedence In rank of Governor Douglas stair. Page 12. Programme for annual meeting of the. Na tional Board of Trade at Washington. Page 12. Livestock men and woolgrowers hold Joint' convention In Denver this week. Pan; 12. Hot fight in Colorado Senate expected over Judges appointed by Governor Peabody. Page 4. Cargo of cotton and phosphate on British steamer Zambesi catches Are in storm at sea. Page 10. Pacific Coast. Teachers light may cause closing of Cottage Grove High School. Page 5. Northwest rollUcsJ. Both branches of Washington Legislature ef fect organization. Page 1. Kuykendall to be chosen President of Senate at Salem: contest for Speakership hinges on two men. Page 1. Portland aad Vicinity. Irrigation Commission presents new code, which embodies Interests of Irrigators and puts Irrigating in Oregon on now footing. Page L . - John A. Wakefield, director or concessions of the Lewis and Clark Exposition, ar--rives from St. Louis. Page 14. Mayor Williams makes statement bearing on his Indictment and Its subsequent dismis sal. Page S. Major L&agntt . completes annual report of river and harbor improvements. Page 8. Portland women will organize to care for un protected women and young girls who visit Lewis and Clark Exposition. Page 14. Each of four electors from Oregon wishes to convey Oregon's electoral vote to Presi dent RooMvelt. Pace P II FOR WATER New Code Is Drafted by Commission PROVIDES A WATER BflABD interests of irrigation Are Em bodied. AIMS AT ARID SECTIONS Bill Prepared by Irrigation Commis sion Provides for Beneficial Use of Waters Under State Regulation. THE IRRIGATION CODE IS An act: To provide for the beneficial use of waters, regulating and controll ing the same and all lands affected thereby: and declaring all unappropria ted waters belonging to tho public and subject to appropriation for iiuch use. and making such a public use; providing for a state engineer, hla qualifications, appointment, duties, powers, advl&ers, and the records, fees, salaries and ex penses connected with his office, and tor a state water board, Its duties and powers; for the determining and record ing of all existing water rights and the future acquirement of such right and the abandonment thereof: granting the power of eminent domain; denning certain mis demeanors and punishment thereof: creating certain Hens; regulating the disposition of certain state lands; and granting rights ot way over state lands: appropriating certain funds and repeal ing all other laws and parts of laws covered by this act. and all laws In conflict therewith. The State Irrigation Commission has prepared and forwarded to the Governor a bill which is practically a code covering the beneficial use of the waters of the state. The proposed law consists of 23 typewritten pages, embracing 58 sections, and deals with the beneficial use of all waters throughout the state, except as fxr navigation. ,-A'I unappropriated waters within the state, according to the provisions ot this proposed law, belong to the public and are subject to appropriation for beneficial use, provided such use does not Interfere with their navigability. Such use is the basis, the measure and the limit ot the right to the use of water, and all waters appro priated for irrigation puposes are made appurtenant to the lands upon which they are used. Claims to the use of all water Initiated prior to the passage of the act relate back to the Initiation of the claim, and all claims to the use of water initiated after this passage relate back to the date of posting of application, as provided for In the bill. These provisions protect all vested rights now existing to the use of the waters of the state and subsantlally accord with the decisions of the Supreme Court of the state upon such subjects. Provides New State Official. The State Engineer, who should be an experienced hydraulic engineer, is to be appointed by the Governor and confirmed by the Senate, and shall hold for a term of six years, unless sooner removed by the Governor. He shall have general su pervision of the waters of the state, and all measurements and appropriations thereof and ot all matters of engineering in which the state may be interested, at a salary of $2400 per year and necessary traveling expenses when away from his office upon official duties. He shall not engage in private practice and may em ploy necessary assistants and purchase supplies and materials necessary for his office,- pursuant to appropriations to be made therefor. He shall give a bond of 55000 for the performance of his duties, and shall not be Interested in any way with any person, company or corporation using, or to use, the waters of the state for beneficial uses In such use, nor per mit any of his employes to become so Interested. The records of his office shall be public records and shall contain all data relating to the use of the waters of the state, and he shall, with the approval of the State Water Board, which consists of the Governor, the Attorney-General and the State Engineer, make such gen eral rules as may be necessary to carry out the duties of his office and the pu poses of the act, which rules shall be come a part of the records of bis office and shall be published, together with all forms for application for water rights for general distribution among the water users of the state. He shall also collect certain fees specified in the act, which are to be turned into the general fund of the state and used for defraying the expenses of the office. All existing rec ords of the various county and state offi cers are to be transferred by copy to the Engineer's office, and all existing rights, when ascertained, and of future rights when acquired, and all transfers of water rights shall be made matters of record in his office. He shall make hydro graph ic surveys of the various stream systems of the state and collect all data regarding the rights to use of water now existing and make the same matters of record in his office, and such records shall be clas sified and arranged to conform to stream systems.. The Attorney-General and Dis trict Attorney In the county in which legal questions arise are made legal ad visers of the State Engineer and shall conduct all legal proceedings In behalf of the state. Governor to Be Chairman. The Governor shall be chairman of the state water board and the state engineer secretary, and the board shall have gen eral supervision of the apportionment and control of the waters of the state and shall meet at least once a year, on the first Monday in March, at the office of the state engineer, at which meeting all water commissioners shall be present and present reports of the conditions of mat ters, relating to the use of waters In their respective divisions. The water board may appoint a water commissioner for each of the three water divisions of the state, which are as follows: Division No. 1 All lands drained by Snake River and its tributaries and ail streams flow. lag"luto Harney and Malheur Lakes. Di vision No. 2 All lands" drained by the Grand Ronde River and Columbia River and its tributaries, except Snake River. Division No. 3 All lands In Lake and Klamath counties and all lands west of the summit of the Cascade Mountains. The water commissioners shall furnish bonds in the sum of J2,0X each and shall ' have supervision of the apportionment and control of waters in their respective divisions and. prevent waste in the "use thereof.' They shall be paid at the rate of-$5 iper day for time actually employed and not exceeding 60 days in any one year, and necessary traveling expenses while away from home on official busi ness, and snail make reports as required by the state water board. "Water districts may also be created by the state water board from time to time, dividing the di visions. In conformity with drainage areas therein. VVllI Determine Existing Claims. A suit may be Instituted in the name of .the state against all parties claiming rights to the use of the waters of any stream system and in suits instituted by private parties, when necessary for the public interest, the state may intervene and make all claimants to the waters of the stream system Involved parties to such suit and in such suit the courts shall determine the rights of all parties thereto and a certified copy of the decree ren dered by the court shall be filed and ac come a part of the records In the office of the state engineer, thus establishing the rights of all parties in the stream system and determining what, if any, waters therein, are unappropriated, being In ef fect a suit to establish right ot each party therto to use the waters of such stream system. Just as a suit to quiet the title to land strengthens and establishes the titles of the owner of the land. In such suit existing or vested rights are not disturbed, but; merely determined, confirmed and made a matter of record. Appropriations by Permit. Appropriations of water by persons, as sociations or corporations shall only be made by permit first obtained from the state engineer, after posting notice at the point of diversion and presenting proper application, together with maps-, and necessary data, all of which becomes a matter of record in the office "f the engineer. Provision is also made for the appropriation of water for public and municipal uses by the state and ay pub lic corporation and also by the United States. Applications for appropriativ-n of waters shall only be granted when tnere are unappropriated waters In a stream system applied for and only after publl:a tion ot notice to all interested parties. The action of the engineer upon rejection of any application or any of his deci sions, affecting any substantial right of an applicant, may be appealed from to the Circuit Court. General supervision and right to inspect all construction work is given to the state engineer, and no appropriation shall be made without a license first issued by him. The benefi cial use of water is declared by a public use and the right of eminent! domain to acquire rights of way for conveyance and reservoir sites for storage of watr Is conferred upon all approprlators, but such rights of way and reservoir sites shall in all cases be so located as to do the least damage to private or public property. Provides Measurement Unit. The standard measurement of the flow Of water is the cubic foot per second and ot the volume of water the acre-foot and the miner's inch is recorded as one-for-tleth of a cubic foot, except" when some other equivalent is especially stated by contract and the amount of water to be used in irrigation shall not be in excess of one cubic foot? of water per second for each 60 acres or the equivalent thereof, delivered on the land for a specified time in each year, which is the largest amount,, found upon investigation, necessary in any of the arid states. Measuring devices are also provided for rights of way over state lands, and the interference with all operations, with the use of water and means therefor are made misdemeanors. An appropriation of $12,500 annually for the payment of the salaries and expenses ot the State Engi neer and Water Commissioners and for the expenses ot the State Water Board, is provided for. Will Protect All Rights. The whole tenor and object of the bill as drafted is to protect all vested rights and provide a definite and certain system whereby existing rights and all future rights, when acquired, can be ascertained, without depriving any of the interests or Industries of the state of any Just rights or casting upon them any unnecessary burdens. Provision is also made for co operation with the Federal Government in its irrigation enterprises now pending in this state, and the bill as a whole- has been drafted without regard to any per sonal or private Interest, but with a view wholly to the general welfare of- the state and the Interests of all Its people. Compared with the bill prepared by the Washington commission it is far sim pler, both in construction and applica tion, less voluminous and complicated in its methods and more economical in methods of administration and appropria tions therefor. The salary provided for the State Engi neer in the Washington bill is 54000 per annum, with an Assistant Engineer at $2400, and a total general appropriation of J65.00O. whereas the Oregon law pro vides for an Engineer at J2400 per year, no assistant engineer and a total appro priation of $30,000. The Washington law also provides for various civil commis sions for the determination of water rights other than the courts, thus Im posing upon the waterusers a double ex pense in the determination of their rights, whereas the Oregon bill simplifies this matter by determining the rights In es tablished legal tribunals. Thomas .G Hailey, the secretary of the commission, left last night for his home at Pendleton, after having completed the work of the session. H. V. Gates 13 still in the city, but will leave this afternoon .for hla home. H. B. Ankeny left yester day for Salem, to attend the opening of the Legislature. Since coming to Port land the members of the commission have been working earnestly to shape the doc ument Into such condition that It could be sent before the Legislature as a bill which would -meet all the conditions and requirements which might be made upon it in practice. It Is thought that this has been accomplished, and that when once the bill has become a law there will be no trouble In adapting all conditions to meet its provisions, much to the better ment of those districts of the state which depend upon irrigation to bring before the people their possibilities and to ex pand their future. BEEE-DEINKQTG INCREASES. Efforts of German Temperance Socie ties Produce Startling Results. SPECIAL CABLE. BERLIN. Jan. 3. The efforts of the va rious temperance societies of Germany have been Ineffectual in checking the In crease of the consumption of beer by the German nation. Statistics just published show that while 71 gallons of beer were consumed per head during the year 1SS4. the consump tion per head of population during 1904 rose to 110 gallons. PART EACH YEN ContinuingCdntract for Celilo Canal. PIAH OF REPRESEMTATIYES Oregon and Washington Men Are Working Together. LESS SUM AT THE INCEPTION Annual Appropriations Would Thus Be Provided in the Sundry Civil BillColumbia River Will Be Taken Care Of. OREGONIAN NEWS BUREAU, Wash ington, Jan. 8. Representative William son, of Oregon, and Representative Jones, ot Washington, who are working together In the interest of The Dallea-Celilo canal, have decided that the Interests of that project vlll best be served by having it made a continuing contract. From now on they. will exert their influence to bring about this result- If The Dalles canal Is made a continuing contract it will be taken out of the hands of the rivers and harbors committee and, instead of being appropriated for in the rivers and harbors bills, will receive appropriations each year in the sundry civil bill. It is agreed that it is more desirable to have this project made a cortlnuing con tract than it is to secure the .maximum appropriation recommended by the engin eers, namely, 5300,000. If it will be any inducement, both Williamson and Jones, will consent to a material reduction in the appropriation, provided Congress will make It a continuing contract. Should the desired change be authorized, the appropriation this year need be .only sufficient to carry on the work during1 the next fiscal year; if the change is not made, whatever appropriation is made in the rivers and harbors bill (If one should pass) would have to last two, and perhaps three years, until another river and harbor bill is put through. It fs to secure annual appropriation sjatherv than spasmodic ones, that Williamson and Jones desire to have this project made a, continuing contract. There is only one continuing contract in Oregon at the present time the project for the improvement of the mouth of the Columbia River. The mouth ot the river will be cared for this year, regardless oC what becomes of the river and harbor bill. It may not be possible to secure sufficient money in the - sundry civil to complete the Jetty at the mouth of thet river, but enough will be provided to con tinue the work throughout the coming fis cal year. AT WORK ON CORRESPONDENCE Senator Mitchell Will Not Appear in the Senate Today. OREGONIAN NEWS BUREAU, Wash ington, Jan. 8. Senator Mitchell will not appear in the Senate tomorrow, but will devote the next few days entirely to clearing up correspondence that accumu lated during his absence. He has not made up his mind whether to ultimately resume his. seat or not. TTRF.P EYE OH "WASETNGTOIT. Lawson Says Gigantic Swindle of, Banks Will Soon Be Disclosed. BOSTON, Mass., Jan. 8. (Special.) Thomas W. Lawson declared today that the Munroe and Munroe & Co. National City Bank affair, with its overcertinca tion of checks, is "simply one of tl'e many swindles with which Wall street id honeycombed. "The National City Bank honors checks at the will ot its masters," he said, "re gardless of whether the checks are good in whole or in part. Wall street should not get excited over this exposure of a petty bunco game. I am going to show soon, giving facts and figures and abso lute proofs, that the city banks honored a check to further a gigantic swindle. When those proofs are laid before the public and the authorities at Washing ton there will be quick, sharp action. Every newspaper in the country should keep an eye on Washington." OK SECEET MISSION. E. E. Calvin May Become Manager of Southern Pacific. SAN FRANCISCO, Jan. S. (Special.) E. E. Calvin, general manager of the Oregon Railway & Navigation Company and Southern Pacific Campany's lines to Oregon, has been in San Francisco for several days. He apparently did not wish to make his presence here known and for that reason remained away from ther of fices of the Southern Pacific until his de parture for the South, where he will meet Julius Kruttschnitt. The presence of Mr. Calvin in San Fran cico on the eve of Mr. Kruttschnitt s ar rival in the state has stimulated specula tion in railroad circles as, to who is to be made general manager of the Southern Pacific Many think Mr. Calvin is slated for the place, while others believe that Mr. Bancroft will be the man, notwith standing that the latter has told his inti mate friends that he does not want the position. Fire Burned for Five Hours. PHILADELPHIA, Jan. 8. A fire which burned for five hours occurred tonight at the plant of the Atlantic Refining Company in the southwestern section of the city. The loss, it Is esti mated, will reach 5200,000.