the aoBxiare okeuunian. Friday, January 13,. 1905.
'GOVERNOR DELIVERS MESSAGE AT SALEM aST,u-
SAL.EM. Or., Jan. I Governor Georsc
B. CharaberlaJn delivered his message to
the Oregon Legislature In substance as
follows: I
Gentlemen of the Senate and House or Repre
ucntatlves: In compliance -with Section 2 of Article V ol
the Constitution of Oregon, which provides
that the Governor "Khali, from time to time,
give to the Legislative Assembly Information ,
touching tne condition of the state, ana roc
ommnd such measures as ho shall 3uuge f
be expedient." it becomes my duty to eddress
jou In relation to the several institutions of
the state, and to suggest such kglslaUon for
your consideration as my c-xperlenoe as KXcu
tlvc leads me to beMeve will be conducive to
lie jbest Interesta of the state.
State Fund In Good Condition.
The report f the Treasurer shows an ex
cellent condition of the public fw "
should be particularly graUfyJnff to , you
note that while on October 1.
in the handa of the Treasurer ; of the f
bte school fund unkwuW S.2&.436.--. there
was only $200,301.24 at the close of Uie M
fiscal year. This has been 4uprf mate riall
Mnee that time. The amount of
tributod to the several counties at w Wst ap
portionment -was $239,439.20. the ;tanret o anj
in the history of the state. The" Principal o.
the fund is J4.60t.2Cl.27. and
vestment .in interest-bearing grilles squires
and iceoives the earnest attention of the btate
he prfncipal of the Agricultural College
fund amounts to. 513.8.31. and that of the
university to . $103.4JS.3C. Only $lo.3fcJ.4.. of
the former and $I5.U75.28 of the latter is on
band and unloaned. On the third day of
May. 11)04. Mrs. A.' K. Burbank, executrix o.
the hurt will and testament of her 'ate hus
band, Hon. A. R. Burbank. forwarded to the
Governor, Secretary of State and State Trea-.
urer the sum of ?210.S7 and a. deed to cer
tain lands in Yamhill. Lincoln and Multno
mah Counties, estimated to be worth about
$10,030. This generous legacy was directed
to be Invested In interest-bearing securities,
the revenue derived therefrom to be used for
Xho Orphans' Home at Salem and Portland.
Jt would be a gracious act upon the part of
your body to recognize by concurrent resolu
tion your appreciation, as representatives of
the people, of this splendid legacy to the un
fortunate orphans of the state, thanking Mrs.
Burbank for tbo fidelity shown by her In
lcarrying out the -wishes of her -late hueband.
The Treasurer's report Is complete in all Its
details, and shows with great particularity
the financial condition and standing of the
etatc.
Outstanding Swamp Land Warrants.
On September SO. 1002. Interest-bearing war
rants were outstanding, which had been is
sued Id repayment for swamp lands thereto
rfore sold by ,tho state and to which the state
could not convoy title, amounting to $38,040.08
kf principal, on which the Interest accumu
lated and unpaid to April 1. 1803, amounted
approximately to $19,018.42. Of the principal
S30.923.88 bears Interest at the rate of S per
cent per annum, and $8014.70 at 0 per cent
per annum. Since that time payments have
t-been made on that portion of these warrants
which bears the larger rate of interest, out of
moneys realised from the sale of swamp
'lands,' whilst the principal of the lndebted-i-nnRH
which bfta.ni e ncr cent per annum, has
(been Increased because of repayments for
other swamp lands, to which no title could
(be conveyed. Referenoe to the Teport of the
Treasurer discloses that at the end of the last
lineal year thcro were outstanding warrants
on account of swamp lands amounting to $44,
mTRO of nrlnclnal and $13,937.10 of Interest.
Of the principal $14,925.38 bears Interest at
8 per cent per annum and $29,278.51 at 6. per
cent per annum. There Is. no fund out 'of
which, these -warrants can be paid except as
moneys are realized from the sale of swamp
lands, and so little of this remains to the
state mat we interest on uw uiuouusiucoj
la barelv kent down by the sales thereof.
An appropriation should be made for the
payment of these warrants and your earnest
attention la called to the matter, for aa a
business proposition the state ought no longer
to be compelled to pay this enormous interest
chanre
In addition to this, at tho last session of
the Legislature, claims for repayment of two
thirds of the bounty paid by the several coun
ties of the state under tho scalp bounty law
of 1901 had been presented and remained un
paid, amounting to $34.29&GU- An appropria
tion was then made to meet thlo Indebtedness,
but It was Included In a bill which appro
priated large sums for other and distinct pur
poses. TnlS Dill Was VOIOCO oecauso vtunuvc
of Section 20, Article IV of the Constitution,
and not because of any objection to the par
ticular Item now under discussion. :
This indebtedness has been Increased by the
presentation of other claims for repayment.
' and now amounts to $35. SSI 31. and provision
t-hould toefitnade by appropriate legislation for
lis payment.
Need of a- Tax Commlslon.
The experience of the last Legislature should
be. a warning to this not to attempt too much
In tho way of amending statutes on the' sub
ject of taxation. A general amendatory stat
ute hastily passed then necessitated the con
vening of the Legislature In special wesslon
to cure defects that invalidated the same.
That tho laws of the state bearing upon this
subject are badly out of Joint and sadly In
need of revision goes without saying. There
Is a general lack of system In them taken as
' a whole, but It Is Questionable It harmony
could be restored If the whole time of this
pnlon were devoted to an attempt to bring
order out of chaos.
It Is possible that if a tax commission woro
appointed to gather data, and frame a law
to be reported two years hence, beneficial re
rults might be attained. This course has
been pursued In other states with partial suc
cess, and It might be well to give It a trial
here. Much property escapes Its Just propor
tion of taxation, and this is particularly true
in .the case of personal property and money
Send ImprovemenUi on real property. This Is
Susceptible of demonstration beyond any doubt.
'The, hummarles of the assessment rolls of the
various counties for 1005 as filed In the office
of the Secretary of State show that the value
.of Improvements on deeded and undeeded
lands was $.405.4C2 and on town and city
lo4s was $X1. 102.221, or a total assessed valua
tion of all Improvements of $40,597,083. The
)kke written by fire Insurance companies on
jH-operty situated within the state for the
year ending December. IIKIS, amounted to
$S.r81.4M.b4. It 4s t-afe to say that more than
M )or eent of this insurance Is upon Improve
ments upon real property. When it is re
membered that a very large part of these im
provements carry no Insurance, and that prop
erty te usually Insured for only about half
Iih value, it will bo seen at a glunco what
an enormous valuation on this class of prop
erty a bme eecnio taxation. The assessed value
f money for the same year was $1,375,970.
It any on" ic Intorested enough in the subject
t ptvr It iMUMting t-onrideratlon. he will abcer
lli froM an exMiniiiHtion of the last report
to- the Controller of the Currency made by
the National bonks of ihe state that there
are many t4ngte Iwnkluc Institution that have
m efH amounts largely In excess of the
total uoMitKment oh miny. Again, a refer
CMC to the abstract of the aFtfrcxment rolls
mm 18IMI to JMX dlMtoeca thnl money wait
assessed in 1808 at S3.13tl.9S7. and in 1P03 at
$1,375,970. n decrcane of S1.7M.U17, while the
toinl njuMwofl vatttHtkm of all mtfwwty tor
3SX wa $tS.CSS.tH5. and in 1903 only $173,
r0,8St an 'iHcroHse in 10 yearn of only $5,
47tttS. Kwryon knows that this is not a
faithful tmfrs, of the growth In wealth in our
t4t in 10 years. What is tlx rtui: of this
fathiiv 'Upon the prt of county officials to
mow 1w proiH-rty of tho state and to prop
erty N)Mae the atwsdnienls whw made? The
rtiwe Kan rapMly grown In wealth and poouhv
U'W Mikv Mi. MMd in tho next few oars will
Kmw with aroator raWlty. With an increase
of eojhiUUoh. thf n.umlter of inatates In the
' 'rtrxi yrutr) and xal iiMtitutht of the
Mjo lecrtwei: lit the ira or a greater pro
pmrtioti. wdfVr the exieRe of maintaining
'thwiM oaftantly lrrejttw In volume. The
caOMHent ( tho vtat rfmalnimr swiiManttal
lf 4he MtuHt, tur had been the cac during the
tea tan J , tlx- rate It W levied for state
IMWrnoari' cantinueK i'i Iociximc. and the bur
do m tho-v claww of property which are
v&tMe JMd -ootir i lw aMwed from year
- to year beennwa hmler MMd harder to bear.
t Is 1p eowHttoa here outMnod whl--h makes
tha ' far tu nttrvoi aisar larger than
)t U(M to he. and the attention of the Leglfi
1SM Is roaavfMliy called to it In the hope
thut.Mxne pin way b- devised nov that In
t noxt two. yean, may teatt In a meaaurr
xrHeral r44ef front canditieais which are
InjAuluibte. opfwrnrilve and nnjMt.
Iinrl Tltat ray No Taxeh.
Thaio are taany thon.ands of aeree of land
t- the Plo.tr whioh have aeter brn placed
th' aMawer.t rolle. and which have.
la anmiww, nits jauf
hwa hanponrd through 'many enure, but
iHtttNty for turv tmjn: becaeW graff-
tl front the Government. Federal and state.
ImvH purr4y -wlthhM their deeds from rec
ord; hviiva. becaiwe Afweuory. through lack
vftrrr'at oamerblp bool j fall to find all the
jiratiorty In th-lr reiectii Uuflthr. It 1
i)fettcialrie tf. uiMler iur laws, an .UMwor
or, Stwriff - nuethS and collect tax on
raivty far evenU years antedating their
terms of office. Luwa oonfaning thW power
lajnw i AffremorK have been sustained by the
m$fn of other ?tate. and I recommend tbt
matter to your etrsax attenlioa. and predict
that with a law In force authorizing the
SMounnient ef prajerty that has escaped tax
ation far any number ef years back. ' the
revenue of the Mate -will be wry materially
lnereofed
r Taxation of. J'ranclilM
Taxation for state purposes oufht to be
divorced, as far as possible, from that for j
county and municipal purposes. To tnat ena.
In many e tales, methods have been sueceia-
fully resorted to for relieving real as well as
personal property 'from taxation to meet the
expexues or tne aaminuirauon oi uic uuui
of the state. At the last regular session ol
the LeeL-dature. progrtas wa made In the
right direction by the passage of the inheri
tance tax law and tne corporation license law.
There may be inequalities In these that will
need adjustment, but the general purposes of
both are most excellent. During the 1C
month the inheritance tax law has been In
force. $'J26.93 has been paid into the State
Treasury thereunder, while under the latter
law $191,615.57 has been collected. These
amounts are likely -to Increase each year as
the state grows. In population. In addition
to tne amounts inus realised, insurance com
panies during the year P03 paid $7oC3.21
license fees- and $3S.036.19 taxes on net pre
miums collected,-and for 1904 $7310.51 license
fees. The tax for the latter year will not be
due until March 1 next. Of the license fee
collected, 40 per cent i paid to tho Secretary
of State as fees under section 3724 Belllnrer
and Cotton's code, while only CO per cent
thereof la paid into tho Treasury.
ine taxes realized from these three sources
show what lo poreible to be done for purposes
of -state other than by levying a tax upon
the assessed valuation of the property of the
state. But a step further should be taken
to reach a class of property that practically
escapes taxation. I refer to the taxation of
the franchises of express, telephone, telegraph,
Pullman Car and other similar public service
companies. Different methods of taxation for
these corporations have been resorted to in
the several states, but from an examination of
a number of statutes. It is impossible to de
duce any -general principle for adoption. The
Secretary of State, who bae given the subject
much thought, suggests in his biennial report
that a tax upon the gross earnings of tbesa
corporations might be the simplest form of
taxation. 1 heartily Join with him In the
recommendation that an act be pasted at this
Tif Ion to compel these comnanles. ownlncr val
uable privileges and operating at a - large
pront. to pay a Talr proportion of the ex
penses of government. A tar upon, the gross
earnings, as in the case of Insurance com
panies, -would, as suggested by the Secretary
of State. In all probability be the simplest
and best method of taxation.
Xeed of Rural School.
The public schools are la roast excellent con
dition, and their standard fchould be main
tained at all hazards. To them the great
majority of our people must look for the edu
cation of their children, and statistics show
that far the largest number of the school
population of the state attend these schools.
Taxes for tbelr support are ungrudgingly paid
by our citizens of all clashes and creeds, and
every effort should be made to maintain them
tnrougbout the whole school year. In manv
of the rural districts, especially In those which
are tniniy settled, schools cannot be main
tained for more than three months In the year,
and greater efforts should be made to lengthen
these terms.
A heavy tax Is Imposed on tbe patrons of
tne ecnooi oy tne large number of books used,
and some of these ought to be eliminated.
It were better that a few booko on a less
number of subjects bo mastered bv tbe tm!!s
than that they have confused Ideas upon a
variety of subjects from a great variety of
books. I think it safe to say that those who
graduate from the highest grades of the pub
lic .schooli at this time are not as thorough In
first principles as were those who graduated
from these same schools when there were
fewer and a more thorough training in those
dooks wnjen were used.
Alter quotli)r at length from a report
maae Dy an ex-member of the New York
Board of Education, a report that deals
severely -with "overcrowded studies,"
"governor unamberlaln makes the follow
ing recommendations and says:
Steps should be taken now looking to
each a reduction In the number of text-books
in tne public schools that when a Tiunll fln
lshes tho highest established grades It can
be safely assumed he has thoroughly mas-
terea every euDject taught therein.
State University and Acricultnral College.
The reports of these two Institution nt
learning are before you, and J invite your
careful attention to them and the recom
mendations therein made. Both are dolnir
most excellent work, and I think It safe tff
say tnat wmie other states are much more
liberal in making appropriations in the cause
o higher tducation. these two institutions
keep pace with all others. The graduates
irom tnem, wnerevcr they go and In what
ever they engage, make excellent records
and reflect credit upon their Instructors as
well as upon tho state.
The state can well afford to be soneroua
In all that makes for better citizenship, but
that liberality should not be so lavish as to
encourage habits of official extravagance.
I suggest a careful examination of th
demands of these Institutions for the ensu
ing two years, and an appropriation sufXi
dent to make their work most effective.
Single Board for Normal Schools.
In mv first message to the Legislature I
recommended the abolishment of at least
two of the formal Schools of the state. In
stead of heeding this recommendation, a
bill was passed but vetoed by me creating
an aoauionai one. ii tnose already estab
Ilshed are to remain as fixed and permanent
institutions. It is the duty of the state to
improve the service which thene schools now
render to the people by confining apnroDrla
tions for their support to their logitimat
work oi training teachers. There Is In
creasing demand for thoroughly trained
teachers. The work of Normal Schools could
be made far more effective for this purpose
By eliminating an preparatory work, and
concentrating the labors of their faculties
upon a purely professional course of study,
There is no economy In taking the time of
a State Normal School faculty for teaching
pupils in grades that arc already provided
lor In the common schools.
By placing all the Normal Schools under
a single board of regents with a uniform
course of study for all. and basing ap
propriations upon the number of quail
fled students satisfactorily completing i
,fuH year's work in the prescribed course.
uie aiaic wouiu oDviaie tne mnnuesi mjus
tice and Inequalities In the present system.
Soldier Homo Well Managed.
Governor Chamberlain linds the affairs
of Oregon's Soldiers Home in splendid
condition. He also pays a high compli
ment to the commandant and his assist
ants. Owing to the fact that many of
the old soldiers have wives living and arc
forced to be separated from them when
they enter the Home, - the Governor ad
vocatos the building of small cottages on
the grounds, so that those who through
Injury and Infirmities are forced to seek
an asylum at the Home might have the
companionship of their wives. This he
declares would not require a large sum
Game and Forestry Warden.
With the small appropriation allowed him
for game protection, the present Warden has
dene most excellent work. If he has failed
to patrol the entire state It Is because of
the Inadequacy of the fund at his disposal
for tho employment of deputies, but an ex
amination of his report will show a greater
number of prosecutions and convictions than
were ever bad in the same length of time.
In order fully to protect the game, more
money must be provided, and the Warden
suggests a means of raising a revenue with
out exacting It from the taxpayers.
" State Board of Health. Dairy and Food
Commlmduncr and State Veterinarian.
This lioard has done excellent work since
its creation for the protection of the public
health. What was to have been expected
has happened wherever It has called atten
tlB to unsanitary conditions in the dif
ferent portions of the state.
Tho offices of Dairy arJ Food Commis
sioner and State Veterinarian ought to be
placed 'directly under the control ef the
Stale Board of Health. In no other way
can those departments, which-ought to act
in entire harmony, be brought together.
'State Board of Agriculture.
. I'robably no factor has been more potent
than the annual fairs conducted under tho
auspices of the State Board of Agriculture
far improving the product of Sold and farm
and the herds and flocks of the state. Not
only the products of the soil, but the live
stock as well from Oregon entered into
successful competition with all comers at
the recent Exposition in St. Louis. This
was a source of great gratification to our
peopta. Jn view of the fact that this tate
was barely known to many of the exhibitors
there. Keen competition at the Oregon
State Fair the past few years has been large
ly Instrumental in bringing about these re
sults, and the Legislature cannot do too
much In the way of giving encouragement to
this Important Institution.
Kmployment of Child Labor.
A bw was passed at the last seion of the
Legislature regulating the employrarat, of chil
dren and appointing a board of Inspectors of
child labor to carry out the provisions of the
act, to serve without compensation. There
was not even an appropriation made to defray
the actual expense Incurred In the work neces
sarily devolving upon them. Notwithstanding
this fact, they have been most diligent In
tbe performance of their dutlea, and are en
titled to tbe hearty commendation of their
fellow-citizens for their zeal ha this most Im
portant branch of the public service.
A small aDDroDriation ought to be sue to
defray the expensea of the Board.
Condition of the Flshlnc Industry.
The report of the Master FUh Warden
abows in detail the transactions of the De
partment of Fisheries for the past two years,
and shows tbe condition of the Industry at
the present tune.
I suggest the appointment of a com
mission, composed of men in no way con
nected with tbe business of ilshlnr. to
take evidence, collect data, examine bur
own taws and those of Washington, with
instructions to prepare a law and the. result
of their investigations, all to be presented for
the consideration of the next Legislature, it
Is my candid opinion that unless this Is done
nothing will ever be accomplished In the way
of salmon propagation and protection.
Labor Commissioner. ,
Demand has been made in certain quarters
for a repeal of tbe act creating the Bureau
of Labor Statistics, and Inspector of Factories
and Workshops. The demand should be ig
nored. Penitentiary and Convicts.
Governor Chamberlain finds no fault
with conditions at the Penitentiary. Of
the employment of prisoners he says.
On the 1st day of February. 1899. tbe then
Executive executed a contract with Lowenberg
& Going Company, a corporation, pursuant to
"an act providing for the employment . of the
convicts In the State Penitentiary.' approved
February 23. 1895, whereby he leased to said
corporation the labor of 100 convicts from
January 1. 1899, to July 29. 1905, for the sum
of 35 cents per day for eaclfconvlct. and such
further number at the same price per man as
said corporation might require, for tbe manu
facture within the prison walls of stoves.
earnings and such other commodities of like
nature as it may deem expedient.
The corporation pay $2000 per annum as
rental for the foundry plant, and this lease
expires at tbe same time as the contract
for the labor of the'prisosers.
I suggest the appointment of a committee
to inquire and report as to tbe propriety of
renewing the present contract, and if renewal
is deemed advisable, what changes. If any.
should be made In the terms thereof. The
price paid for the labor of the convicts seems
small, but It Is frequently overlooked that
the great majority of them are. at all times,
wholly unskilled In tbe work, and by, the
time their services begin" to be of some value,
tbelr term's expire and new men take their
places. My Investigations Into the subject
lead me to believe that our convict labor
comes less in competition with free labor, in
Oregon, at least, under the present system,
than in any other form of employment.
Work of some kind must be provided for
the prisoners. This Is demanded from the
standpoint of humanity, as well as necessity.
To permit them to remain Idle in the prison
enclosure, and to congregate and converse
with each other, would mean constant plot
ting for escape, and would endanger the lives
of the guards and the property of the state.
To keep them confined in their cells would
oon necessitate the transfer of many of them
to the asylum end others to the hospital.
Road Building With Convict Labor.
At the last session of the Legislature $2500.
in addition to $749.83 unexpended under a
prior law, wae appropriated for the improve
ment of certain roads leading from tbe peni
tentiary to the several state institutions.
Arter consultation with the superintendent It
was decided to Improve and rebuild the road
leading 'to the Reform School, a distance of
four or five miles. The work was done prin
cipally by convicts, though a few teams -were
hired from farmers in the neighborhood of
the road. The amount appropriated was in
sufficient to finish this piece of road by top
dressing with crushed rock and rolling the
eame in order to make It first-class In. every
particular.
Employment of Convicts on Roads.
What to do with the convicts of the state
has been a serious question not only here
but elsewhere, and It la one which Is easier
for the theorist- to solve than for the prac
tical man of affairs who comes In actual con
tact with existing conditions. Various ex
pedients have been resorted to In the hope
that the product of their labor may compete
as little as possible with that of free men.
I suggested to the last session of the
Legislature that the proper steps be taken
for securing comprehensive data on this
subject as a basis for the enactment of a
law adaped to the conditions in this state,
but no action was taken in the premises.
The subject Is one fraught with many diffi
culties and dangers, and radical legislation
should never be ventured upon without thor
ough Investigation and consideration. I
bavo thought it would be wise "to appro
priate a sum of money as was done two
years ago for the Improvement of some of
tho roads in the neighborhood of the State
Capitol, utilizing as far as possible convict
labor In conjunction with such facilities as
the county authorities would furnish. In
this way an object lesson can be supplied
for future guidance. In addition Jo this, a
law might be passed providing for utilizing
some of the convicts upon the public roadc
on the requisition of any county desiring
them, tho cost of maintenance to be paid
by such county. The cost would not be
great, and tbe results would fully compen
sate for the outlay. To send a large num
ber of convicts far from the Penitentiary
would necessitate the construction of port
able steel cells, where they could be safely
conrlned when not at work, and arr appro
priation would have to be made for, that
purpose. To minimize the danger of escape,
double time might be given to each prisoner
for faithful service while so engaged.
A measure framed along these lines when
given a fair trial would test the availability
of prison labor on the public highways, and
If found feasible and profitable It could be
extended to meet conditions as occasion
may require.
Care of Criminal Insane.
There are now confined In the Insane asy
lum about 15 insane convicts, who have
been transferred from he Penitentiary from
time to time within the past 30 years. Two
at least of these were serving life sentences
for murder in the second degree, whilst
nearly all of them are hardened criminals.
There are serious objections from a senti
mental as well as from a practical stand
point to removing the criminal insane to
an institution designed for tbe civil insane,
unless some arrangement can be made for
their entire isolation from the latter and
at tho same time so safeguard them as to
prevent escape. Humanity dictates that
they receive at the hands of the authori
ties such treatment as Is most likely to
restore mental equilibrium, and It Is Impos
sible to accord this within the walls of the
prison without employing physicians and
attendants skilled in montal disorders. The
small numbar of convicts thus afflicted will
not Justify this additional burden upon the
taxpayers The time may come as the pop
ulation, of tbo state Increases .when a con
vict asylum within the prison enclosure
may become a necessity, but for the present
sufficient money should be appropriated to
fit up. with regulation cells to guard against
escape and to secure Isolation, a portion of
one of the wings and enclosures of the
asylum.
Youthful Criminals.
One ef tho saddest things to reflect upon
In connection with prison life Is tbe large
number of youths ranging in years
from 1C to - 23. . As will be seen
by reference to the report of
the superintendent, 106 out of 332 prisoners,
or about 32 per cent are under 25 years
of age. and about 12 per cent are under
20 years of age. It Is safe to say that in
most of these cases the prisoners are serv
ing first terms. About 10 per cent of all
the Inmates are -wholly Illiterate, whilst a
much larger percentage can do little more
than read and write, and this percentage
will hold -good for the youthful as well as
the older convicts. I realize that the first
purpose of punishment for crime is the pro
tection of society, but there Is no reason
why strenuous effort should not be made to
reclaim at least'the younger criminal classes
and It possible restore them to useful citi
zenship. There are two factors which can
be made most potent to this end, and these
are mental and moral training. The chap
lain of tbe prison ought to be paid a salary
commensurate with, the service rendered by
blm. required to devote all his time to tbe
welfare of the prisoners and to maintain a
Fchool In the prison chapel or some con
venient room within the walls for the bene
fit of the youths and the Illiterate class at
such hours as these prisoners can be spared
tc him without Impairment of the discipline
of the institution.
The policy has been to permit ministers of
the different denominations to hold services
in the prison chapel, and nothing should be
done to Interfere with this plan. If. there
fore, a prison chaplain Is employed, ho
should be under tbe direct supervision of
the superintendent and subject to tbe sama
control as other officers and employes of
the prison.
If tho suggestions here made are favor
ably acted upon, much good will, I am sure,
be observable In the disappearance of second-term
men among the younger criminals.
Other State Institutions.
The reports of the superintendents of the
Asylum, Reform School, and the Schools for
the Blind and Deaf Mutes are -complete In
detail and faithfully account for the moneys
appropriated for their maintenance, and tru-,
ly point ont the needs of these several In
stitutions. yaHcreal GaanL
The .National Guard, of this state has
reached the highest state of proficiency. The
act of Congress, approved January 21, 1903.
for promoting the efficiency of the militia,
baa done much to bring about this result,
but the high character and standing of the
officers and men composing the Guard have
played the' most Important part therein.
iBdlaa War Vet eras.
The appropriation made at the last ses
sion of the Legislature for the payment of
the amounts due the volunteers who served
In the Indian Wars of 1853-1556 was Insuf
ficient for that purpose. Claims were paid
as they were presented until the appropria
tion was exhausted. Many hare been pre
sented since, and to pay them all will re
quire ' arr additional appropriation of about
$40,000.
They are rapidly passing away, and it
anything Is to be done for them, it ought
to be done now. else it will be too late.
Their claims ought to be paid and the
amount appropriated for this purpose should
be certified to our Senators and Representa
tives with the request that they urge Con
gress to reimburse the state therefor.
State Printing Costs Too Much.
At the last session of tho Legislature.
$50,000 was appropriated tor public print
ing, paper and binding. This has been ex
hausted. At the close of the fiscal year
there was a deficit of $7,060.72. and this wilt
be Increased to about $10,000 before the end
of the biennial term, and covers paper and
binding, as well as printing. There are
two ways by which this enormous expense
may be reduced. First, a lower table of
fees should be fixed by law now, to take
effect at the termination of the present In
cumbent's terra. This will, of coarse, not
nuorc present, but future relief". .Second,
much of the printing now required to be
done could be lopped off without In any way
Impairing the public service. This latter
course will afford Immediate as well as fu
ture relief against this exorbitant charge.
It must not be .forgotten that the sched
ule of fees charged by the State Printer
was fixed' more than 20 years ago. and it
Is. a well-known tact that since that time,
though there has been no reduction In the
wages paid to printers, there has been a
decline in the cost of work necessary to be
done because of Improved machinery and
changed conditions.
I earnestly call your attention to ' this
matter, and suggest tha. some legislation
be had at this session to seduce the expense
of this department of state.
Health Office.
Health offices are maintained at Astoria.
Gardiner. Marshfield and Yaquina Bay at
an annual expense of $2700. This might
with propriety be saved to the state by do
ing away with these stations. The United
States maintains a quarantine station at
Astoria In charge of a capable physician,
and I have assurances that If tbe stations
at the other points named are abolished,
they will likewise be placed uhder Federal
control. I renew my recommendation of
two years ago for the abolishment of the
State Quarantine Service at the points
named.
Public Lands or the State.
Upon assuming the duties of the Execu
tive office. I at once turned my attention
to a rectification, so far as possible, 'of the
abuses which have grown out of the meth
ods In vogue for disposing of the public
lands, and I feel safe In saying that my
efforts In this direction have been measur
ably successful.
The offices of State Land Agent and Clerk
of the State Land Board have been prac
tically consolidated within the last two
years, and the State Land Agent has done
nothing during this administration that is
not to be found of record in the office of
the Clerk of the Stat: Land Board. Ar
rangements are now In progress to have the
former move Into the office of tho latter
and rearrange the remnants of records that
were found there. two years ago so that It
will be posslbls frtm an Inspection of the
records to ascertain at a glance the pres
ent status of every acre of public land in
the.- state.
The State Land Agent and Clerk of the.
State Land Board have devoted much of
their time to straightening ont ther tangle
into which the record of both offices had
become Involved because of the' lack' of
unity of action between the two. This task
was carefully begun under the administra
tion of Mr. J. TV". Morrow, and has
been scrupulously and persistently fol
lowed np by bis successor, Mr. Oswald West,
to whom, as well as to Mr. George G. Brown.
Clerk of the State Larfd Board, much
credit is due for bringing order out of what
at first seemed hopeleas chaos.
The lands granted to the state upon its
admlssiou to. the Union, for educational and
other purposes, hhve been practically all
disposed of, and those that remain are of
little value, as compared with those that
have been sold. It might be Interesting to
review the legislation of the state as affect
ing tho- lands which have been cold, and
to point out how profitable such legislation
has been to speculators, and how costly to
the irreducible school fund, but such a
review can at this late date do no good, and
I content myself with dealing with condi
tions as I found them and as they are at
present. v -
Chosen for the Speculator.
The grant to the state of the. 16th and
36th sections In every township for school
purposes did not carry with- it the title to
thoss sections which were known to be
more valuable for mineral than for other
purposes at the date of the survey, and for
every mineral section lost .to the state It
had the right to select Indeidnlty lands in
lieu thereof. Here was a rich field for ex
ploitation by the speculator In mineral base,
and It seems to have been farmM out to
private enterprise. During the four years
prior to 1903, application was made by the
Executive to the several local land offices
for adjudication of about 90.000 acres of so
called mineral base, about 12.000 acres of
which had been sold In place by the State
Land Board prior to this attempted adjudi
cation, and title had passed from the stats
either by deed or certificates of sale. All
of these lands were returned as mineral and
without, waiting for k final determination
by the General Land Department at Wash
ington, about 70.000 acres so adjudged as
mineral by the local land offices were used
as bases for Indemnity selections and tbe
selections void by the state at the uniform
price of $2.30 per acre. While these adjud
ications were progressing, and afterwards,
about 33,000 acres were sold In place by
the state, so that approximately 50.000 acres
of the land which was adjudicated as min
eral by the local land offices, were sold in
place by the state.
Here was the condition of things on the
1st day of January, 1003: About 50,000
acres of land had been sold in place by the
state, while the same lands had beer) adjud
icated as mineral by the local land offices.
and the Executive of tho state, through his
State Land Agent, bad selected Indemnity
lands in lieu thereof, and these Indemnity
lands had been likewise sold, so that the
state had practically sold tbe same land
twice. In addition to this, many of the
alleged mineral lands had been used twice
as bases for Indemnity selections, so that In
such cases the state bad practically sold
the same lands as often as three times to as
many different individuals. Of the 70,000
acres, therefore, adjudicated as mineral and
used as bases for Indemnity selection, only
about 20,000 acres are In such condition
that the state can fairly and In good faith
attempt to have the selections made In lieu
thereof patented to the state. This condi
tion of affairs was brought about largely
because of the fact that when the Executive
Instituted proceedings for the adjudication
of the alleged mineral lands he failed to
notify the Clerk of the State Land Board of
the fact so that said lands could be with
drawn from sale, and so noted on the plats
of the office. It resulted from this neglect
that the records of the clerk's office would
frequently show a section of land as open
to sale, when as a matter of fact the same
had already been used as a basis for Indem
nlty selections.
Objectless of the Commiuloeer.
The Commissioner of the General Land
Office. not being satisfied with tbe
rulings of the several local land of
Sees In adjudging the lands above men
tioned as mineral, for several reasons.
amongst others: (1) Insufficiency of proof
as to the mineral character: 2) prior sales
of the same land In place: (3) prior use of
the sama land as a base for indemnity selec
tlon; (4) insufficiency of description of the
alleged base land, held the indemnity selec
tions to nearly all of this land for cancel
latlon. General W. H. OdelL who occupied
desk room in tbe office of .the State Land
Agent, conducted the proceedings In adjud
Icatlnr the 90.000 acres referred to as min
eral before the local land offices, and was
appointed by the then Executive as agent
and attorney- for the state to undertake to
sustain the Indemnity selections In the Gen
eral Land Department by furnishing the
proof required as to- the mineral character
of the lands. In question, and upon my as
subline the duties of the Executive office I
continued blm In the same position for tbe
following reasons; First, He was willing to
furnish his services gratuitously and pay all
the expenses Incurred. Second. Having ad
judicated these lands In the local land of
fices It was presumed.be was familiar with
all the- facta. Third. Having furnished the
alleged base to purchasers of indemnity
lands for a consideration of from 73 cents
to $1.50 per acre, no man in the state was
more deeply Interested than he In establish
ing said base as mineral. Fourth, To have
removed him during the pendency of pro
ceedings In the General Land- Department
would have furnished ground for the charge
In case of decision adverse to the Indemnity
purchasers that but for Executive interfer
ence the decision might have been favorable
because of Cdell's familiarity with the facts.
The Attorney-General was requested by ma
to render what assistance he could to Gen
eral Odall In the trial of the cases before
tbe General Land Office on appeal.
Land Held for Cancellation.
The Honorable Secretary of the Interior
has practically held for cancellation every
selection made on base furnished and sold
by. General Odell. As these selections have
been -held for cancellation, the State Land
Agent has notified all the purchasers from
tbe atate of the condition of their titles, and
of their right under tbe law to recover back
the amounts paid by them to the state as
the purchaee price of the lands. It will
appear from the report of the Clerk of the
State Land Board that up to tbe end of the
fiscal year 210 claims have been presented
to the state for repayment on 46.S6S.66 acres
of indemnity school lands selected prior to
January 1, 1903. amounting to $77,419.70 of
principal and Interest, while 17 claims for
repayment on S777.15 acres of school land
have been presented and paid amounting to
$5385.55. The end is. not yet. and Jn Al1
probability claims will' be presented for 're
payment of an amount almost as large as
that already paid. I have had much "fcorre
' spondence with the Honorable Secretary of
the Interior and the Honorable Commis
sioner of the General Land Office In refer
ence to these Indemnity selections and have
endeavored to sustain them so as to avoid
refunding from the Irreducible School Fund
the amounts which It had received from
their sale, but In attempting to sustain them
all. I was not aware .Of the fact that many
thousand acres of this alleged .mineral base
had cither been sold In place, by the state
prior to'lta attempted use as the basis for
indemnity selections. or had previously
been used as the basis for Indemnity se
lections. This fact tbe records, did not
disclose, and It has only been brought
to my attention recently through the efforts
of the State Land Agent and the Clerk of
the State Land Board who have spent muca
time and labor In tabulating and listing all
of the lands which have been used as bases
for Indemnity selections, and which are in
conflict with sales made by the state in
place.
First In Time. First In Right.
Under tbe policy which the State Land
Beard has adopted with reference to these
lands, the first In time is recognized as the
first In right, and the oldest title nas Deen
given precedence. If the land was sold In
Dlacf. prior to its attempted use as base,
that title has been recognized. If It was
sought to be used as base for indemnity se
lection nrior to its sale in place and the
records of the State Land Office show that
fact, that title is given precedence.
Operations In mineral base have been dis
astrous to the credit of the stale, tor tnose
who have held certificates of sale or deeds
to indemnity lands based thereon nave as
signed such certificates or conveyed tneir
titles to persons all over the country wno
felt secure In taking title to lanas wnicn
seemed to ccme directly from the state. It
matters not how much they may have paiQ
the grantees of the state for the land, or
the Individual who fumlsned tne auegea
mineral base, they can only recover
from the state the amount actually re
reived bv It from the original ap
plicant. It has frequently nappenea
that the grantee ot the stale is irresponsiom
financially, so that the purchaser from mm
has no recourse for the mnerence neiwecn
the nmount paid by him to such grantee and
the amount paid to the state. Most of
these purchasers who. In addition to tho
nrlee nald to the state, raid from 73 cents
to SI.50 oer acre to General" Odell for In
fnrmvtlon u to this alleged mineral base.
claim that they supposed they were dealing
entirely with the state officers and feel that
the state ouzht to -refund to them not only
the, purchase "price but tbe amount paid for
this alleged Information, in some instances
there Is merit in this claim, and it ought
never to have been placed within the power
of anv nrivate Individual to becupy a posl
tlon where the public would have a right
to assume that he was occupying an offi
cial position In reference to the public lands
of the state.
During thu present administration opera
tions in alleged mineral base have been en
tirely done away with, and not an aero of
Indemnity land baa been selected on ouch base,
nor have any certificates of sale or deeds
been executed to Indemnity lands selected
since Januarv 1. 1903. And It Is a -great
misfortune to the state that this policy has
not at nil times been followed by former
administrations.
Fellow-Servant Law.
There was passed at the 22d biennial ses
sion of the Legislature an act entitled "Ap
act Imposing upon railroad corporations li
ability for Injury to their employes In cer
tain cases." This act is- commonly known
as the "fellow-servant law," and ns Its
title Implies has application only to cases
growing out of employment In the railroad
service All that was said In my last mes
sage In behalf of railway employes and
in advocacy of the act passed for their pro
tection applies with equal force to all who
are engaged In every other form of hazard
ous employment, A general statute should
be passed at this session applicable to all
such employments. The laborer in the log
ging camp and the sawmill, the mine nnfi
the smelter has no voice in the selection of
those with whom he Is compelled to work
to earn his dally bread. The careful and
competent laborer in ail of these and other
similar employments assumes 'the risks In
cident to the business In which he engages,
and one of Xhese Is the liability of injury
to himself through the carelessness of a fellow-servant.
If he had a voice In the se
lection of his co-servants, or could witht
out Jeopardizing his position, protest against
the employment of or retention In service
of the careless or Incompetent, there might
be less reason for suggesting legislation in
his behalf We know from experience that
the man who Is compelled to seek employ
ment can impose no conditions even for
his own protection. If he undertook to do
so he would soon be given to understand
that he could work or let it alone, and the
trend of modern legislation is towards stat
utory protection. The moral "effect of the
law modifying the fellow-servant doctrine
as applied by the court is most excellent,
for It not only compels the employment of
competent men nnd exacts a penalty In case
ot failure so to do. but Inevitably leads to
the adoption of Improved machinery for
safeguarding the lives and limbs of all em
ployes. I urge upon your consideration a general
law upon this subject, which is all the
more needed at this time because our state
promises a more rapid development In the
near future In all-lines of manufacturing en
terprise than It has ever experienced be
fore. Employers Liability Insurance
The varied conditions of modern life, the
rapid growth of corporations and associa
tions of men employing vast numbers of la
borers, have very recently resulted in the
extension of the Insurance .principle so as
to cover and protect against the legal liabil
ity which Is ordinarily assumed In becoming
employers of others. The employer under
tbe law Is liable to his servant for Injuries
Incurred by tbe latter In the course of serv
ice and as a result of the employers want
ot proper care, subject to the qualifica
tion, however, that the servant assumes the
hazards which are Incidental to his em
ployment, among which are the servant's
contributory negligence and the negligence
of fellow-servants. It was . to lessen this
legal responsibility of the employer which
gave birth to employers liability insurance.
Contracts of Insurance of this clase have
been assailed from time to time as against
public policy In that they virtually lessen
the penalties which follow negligence on the
part of they Insured toward those to whom
he owes a legal duty, but unfortunately. It
seems to me, this view has not received the
sanction ot tbe courts. These contracts of
Insurance have therefore become a part of
our Industrial life, and tbelr status for good
or evil Is being gradually fixed by the courts
ot hut resort. For a consideration paid by
the employer (and sometimes It Is charged,
ont of money deducted from the wages ot
the employe In tbe shape of his monthly
hospital fee) to the Insurance company, the
latter contracts to discharge the liability
of the former for damages sustained by the
employe in tha discharge of bis duties. What
Is the result in actual practice? The em
ployer Is In fact relieved from one of the
penalties ot his own carelessness, and,
knowing this, la many Instances at least.
becomes careless In tbe cocdnct of his busl- j
ness. uses antiquated machinery and in
many respects falls even In the most haz
ardous business, to afford bis employes that
measure of. protection which In the ab
sence of such Insurance common prudence
and self-preservation would dictate.- Nor
Is that altogether the worst featura ot this
new contract of Insurance. When an em
ploye happens to be Injured or killed, be
cause ot negligence upon the part of the
employer, occasioned by the knowledge that
In case of being compelled to pay the penalty
therefor his contract of insurance protects
him, the employer, at the instance of the
insurance comoanv. refuses to nav the most
meritorious claim for damages and resists
payment to the last ditch. The employer is
the nominal defendant In such actions, the
Insurance company the real defendant, Tho
attorneys for the employer, the nominal at
torneys, those of the Insurance company
paid by the year -the real attorneys. It Is
the policy of tne insurer to keep from the
knowledge of the jury the fact that it. and
not the defendant. Is the real party in in
terest, and so strict are the courts in em
paneling Juries that cases may and some
times do arise where a stockholder, officer
or agent of the insurer itself sits to deter
mine the rights of the Injured employe. To
meet -these new conditions, -nrw legislation
Is demanded for the protection- ot those who
are engaged In the development ot our In
dustries. If the employe is Injured because
tho employer, secure In the knowledge that
his policy protects him, is careless In falling
to furnish a reasonably safe place to work.
and reasonably safe material to work upon.
he should be permitted to sue either th
careless employer or the Insurance company
that offers a reward for carelessness, or
both, as he may elect. Without some stat
utory provision upon this subject tnis cannot
ba done, and I earnestly recommend the. pas
sage of an act that will confer tnis ngnu
But It Is said such legislation will drive lia
bility Insurance companies out of the state.
To this I answer that, without sucn rignt.
it were oetter tor tne state tuas mirj icitr
than that the life and limb of the citizen bo
dependent upon the mercy of such Institu
tions-
Employment Agencies,
Stringent laws should' be enacted for pro-
tectlng those seeking employment against
dishonest and irresponsible' employment
agencies. The enactment of such a law
will afford protection to Hie many strang
ers coming to the state In quest of re
munerative employment.
. Salaries for State Officers.
The platforms of all parties at the last state
election declared in favor ot placing all atate
officers on fixed salaries, and the. payment of
fees. If any. earned by them Into the State
Treasury. In my last message to the Legis
lature. I Urged fis strongly as I knew how the
faithful performance of these pledges volun
tarily made by party conventions, and Im
pliedly if not expressly aseented to by every
candidate of every party elected at that elec
tion. Several acts were introduced at the last
fesston looking to the fulfillment of these plat
form utterances, but nothing resulted there
from, and these pledges remain unperformed.
Theargument that a law placing the several
state officers on salaries la unconstitutional is
without merit In view of the fact that the
power of tho Legislature so to do baa- received
heretofore Judicial, executive and legislative
sanction. If it be Insisted that such legisla
tion is unconstitutional, what is to be said
of tho30 statutes which authorize the col
lection and appropriation of fees by
officers who are In express terms In
hibited from so doing by section 1 of
article XIII of the Constitution? Truly, those
who oppose a salary law on constitutional
grounda. while they enter no protest to tha
present system of collecting fees, "strain at
a gnat while they swallow a camel." --
Juvenile Courts.
In at least 13 states laws have been enacted
having for their object the care, control and
protection of dependent, neglected and delin
quent children. This class of legislation was for
a time only made applicable to the larger cities
and towns, but It Is now "being made general
In Its application. It usually provides for de
taining children awaiting examination apart
from criminals, for the -establishment of sep
arate courts specially provided and known as
juvenile courts, and for a system of parole
on probation under the supervision of discreet
and duly accredited persona. In some cases,
parents or guardians are held responsible for
acts contributory to the delinquency of the
child. After all efforts have failed, the lncor
rlblg'e are committed to reformatories and
given Instructions in manual and Industrial
training Instead of being sent to Jails and
penitentiaries. Colorado has gone further than
any other state in carrying out the principle
of the probation system, and a general law
covering the subject was enacted at the last
session ot the Legislature of that state. I
suggest it as a model from which to frame a
law suitable to conditions that exist here.
Indeterminate Sentence.
There are In every prison many convicts suf
fering lone sentences for first offenses who are
not criminals at heart, and who. ir an oppor
tunity were, aiven them, would endeavor to
reptore themselves to useful citizenship. It
has been proven time and" again that these
men deeply appreciate any kindnesses show
them by those in authority, ana cannot oe in
duced to violate a trust reposed In them. Real
izing thte. the Legislatures of many states
have oassed laws nrovldlng for indeterminate
sentences and for paroling prisoners under cer
tain limitations and restrictions. The uovtrnor
should be permitted, on the recommendation
of the Superintendent and Warden of the
DrlSon. to parole a prisoner for good conduct.
and when In their opinion reformation appears
to be complete. In addition to this, every
sentence of a person to the penitentiary, except
of one eentenccd to life, should be inaeiermi
nate.
To Punish Sheep-Killers.
Since the last pession ot the Legislature,
range difficulties In Lake and Crook Counties
have reached an acute stage, resulting In th
willful killing of many hundred sheep, and, it
Is charged. In the loss of one numan ine in
the former county. Appeals have from time
to time come to me for executive interference,
and nrotection. but under the constitution and
laws I am. practically powerless to render as
sistance. The only arm of tne public service
mihttct to mv command Is the national uuara.
and that can be utilized only In emergencies
which do not and have not existed in thes
dtmcultles. Even if the services of the Na
tional Guard were called Into requisition, they
could not be made effective where all the
violations of law occur at points remote from
the center of population. I fully appreciate the
difficulties of the local authorities in attempt
ing to suppress the prevailing acts of lawless
ness. A few men bent upon the ruthless ae-
structlon of personal property might travel by
nlrht a distance ot 60 miles from one county
Into another, apply the torch, perform their
nefarious mission of slaughter and return to
the point of departure before the- setting of
another sun. under sucn circumstances it i
exceedingly difficult to procure evidence suffi
cient to convict, nut even it tne local auinor
lties :flowed a disposition to neglect their dutj.
the Executive has no authority to do more
than appeal to them. The power ot removal
from office, a most potent one In such cioes.
Is not conferred upon htm in this, as In some
other states. If vested with this power, those
officials who from selfish, political or other
reasons refuse to do their duty could be re
placed by others who would not be deterred
therefrom by any considerations.
Rewards were offered by me, subject to leg
islative approval, for the arrest and conviction
of those guilty of destruction of property in
Lake County, and It p-obably acted as a de
terrent. But these crimes will not cease until
skilled and fearless secret service men are
sent to ferret out the guilty, collect the evi
dence and bring tbem to -swift and certain
Justice. This cannot be done without money;
nor can the appointment or names of such
men be published for reasons too obvious to
mention. If the Legislature will appropriate
a sufficient sum of money to be used by me
In emergencies like this. I have no fears but
that the guilty can be apprehended and pun
ished. I earnestly request that this be done,
for it Is probable there will be a repetition- of
these crimes, which have brought so much dis
credit to our state, and which have in some
Instances In a very few minutes resulted In
destroying the eamlnrs of a lifetime.
Publication ot Election Expenses.
Laws have been passed In many states lim
iting th amount of money allowed to be
spent In elections by candidates and party
organisations, and requiring itemized state
ments containing the names of contributors,
amounts contributed by each, amounts ex
pended and to whom paid, to be filed as
public records In the offices where the cer
tificates of nomination of the candidates are
required to be filed.
Such laws are most salutary in their ef
fect and tend to prevent the debauching of
the electoral franchise, I susrrest the nas-
f sage ot such a law at this session.
Desertion of Family and Wife-Beating.
Desertion of wife and family should ba
uiauc & wiuic igr wmcn ine deserter may do
extradited from the state in which he seeks
an "asylum. Investigation will show that of
all the families under the care of private
charitable associations, no less than one in
ten owe their destitution to this cause. The
laws for tbe punishment of this grievous
crime are inadequate, and deserters know
that they have only to step over the state
line to secure Immunity. These desertions
are, in many instances, for the deliberate
purpose of evading the support of wife and
children, and the burden of their support Is
thus shifted from the shoulders of a heart
leas husband and father to the public. A
stringent criminal statute will have a whole
some effect upon these deserters, and I rec
ommend the passage of a law that will
bring them back to the state. If not to dis
charge their duty, then to be supported by
tbe state within the walls of a prison.
But criminal statutes will not reach tho
brute who strikes and beats a defenseless
woman, the mother ot his children. Imprls- .
opment may bo a slight punishment for hint.
qui n is a severe one xor tne neipiess wna
and children" who are dependent' upon him
for their dally bread. For such inhuman '
creatures the nubile whlDoimr-oost has been
proven to be the most effective punishment,
and I recommend such a law for your con- !
slderatlon.
Veto Power and- Irregular Apprepriatloaa.
A constitutional' aniendment should be sub
mitted to the people for adoption which will
authorize the executive to veto any single
"rw in uu apprupnauon uui hiucu mnu
his disapproval. It may not be out of placa
to suggest to you now that I will feel It
my duty to veto any. even the most Impor
tant, measure appropriating public money
If riders are -superimposed thereon In viola
tion .of constitutional provisions.
Modification of Jury Trial.
The constitution of the atate and of the
United States guarantees to the accused
in all criminal prosecutions and to litigants
In civil cases the right ot trial by Jury.
There are many miscarriages ot justice and,
much expense is entailed upon the people'
as well as upon litigants by a law which re
quires that all the Jurors shall agree upon
a verdict. I am a firm believer In the Jury
system, and hold it to be the strongest safe
guard ot the rights and liberties of the
people. but there is neither reason nor
justice In permitting a minority, or even ona
of 12 Jurors, to prevent a verdict either in
a criminal or civil case. I suggest the
submission to the people ot a proposed
amendment to the constitution which wilt
authorize the modification of the law regulating-
trials by Jury In both civil and criminal
cases.
Would Disfranchise Deserters.
Governor Chamberlain concurs with
liieutenant-General Chaffee, who recom
mends that deserters from the Army bo
prevented, from participating Jn all elec
tions. Forest Fires and Forest Protect lo a.
A bill will doubtless be offered at this
session having for Its purpose the protec
tion ot forests. The Bureau ot Forestry has
been co-operating for the past two years. I
am advised. w.lth the State o.f California in
order to determine "on a sound state forest
policy. The result is a comprehensive forest
bill which will be considered by tbe Cali
fornia Legislature at its present session. A
copy of this proposed law may be found In
the November number of a magazine en
titled Forestry and - Irrigation, published
monthly in Weshlneton. D. C. under the
auspices ot the American Forestry Associa
tion. I have examined Its provisions care
fully, and It is subject to the same objec
tions urged by me against tbe measurO
passed by the Legislature of this state at
Its last session, and tnat is the question of
expense to the state for the protection of
private inter ests. As a matter of fact, Mis
state Itself owns very little if any tim
bered lands. What has not, In the past few
years, been included in forest reserves, is
In the handa of private Individuals and cor
porations, and if these lands are to be
protected it ought to be- done at the ex
pense or tbe federal authorities ana the
private owners. Agitation upon this subject
In Oregon at least Is ot recent origin, and
dates from about the tlmq when tho state
had been practically divested of title to all
of Its forest lands that were of any value.
Practically onerfifth of tbe area. of. the
state is within forest reservations, and there
is no question ont tnat many nundreds or.
thousands ot acres are Included therein that
ought to- be released either for settlement
and cultivation or for grazing purposes. This
very naturally results in retarding tha
growth and development of the resources of
the state. Tbe basis of tho claim tor the
establishment of these immense reservations
is that it is for the. conservation of the water
supply, but there are those who have
lived In the West since its 'earliest settle
ment and whose opinions, because of their
intimate knowledge of existing' conditions,
are entitled to great weight, who assert that,
the water supply is not conserved by the cre
ation of reserves. Hon. -John Mtnto. one of
the earliest settlers In Oregon, and si man
who has been a close observer of conditions
and events in the state, in his report as
secretary of the Oregon State Board ot Hor
ticulture on "Forestry and Arid Land Inter
ests," 1898, In speaking of these reserves and
the policy which has led to their creation,
says:
Mr. Mlnto's Observations.
"The major reasons for Its (the exec
utive committee of the American For
estry Association) recommendations are that
forests protect tho sources of streams In
mountain and highland districts, by preserving
the snow from melting and Impeding the
percolation of melted snow or rain from
reaching the valleys below. My observation
teac?ies me that mountains and highlands
are the attracting causes of precipitation, and
trees and brushwood are effects of this pre
cipitation: that all other things being equal,
snow melts first In belts ot timber or brush,
partly because the trees and brush break up
the snow when falling and partly because of
the Influence of coldr on solar rays, dark
objects absorbing, white reflecting heat. The
bulletin (No. 38) of the experiment station of
the University of Mlsouri Is now sending out
the result of color on peach trees, showing
that tho simple act of whitewashing this sen
sitive tree delayed the swelling ot the buds
22 days later than the unwhltened. This ac
rords with my observations on the Cascade
Range, where it is rare to find a patch of
snow within the timber after tho middle ot
July, and not then near the treea or brush.
Later than that snow Is on open ground, gen
erally where It has been ilald by drifting.
These snow banks on open land, and tho
water from springs In the valleys below are the
sources of rivers after the middle of July."
Thl" opinion- ot Mr. Mlnto is hared by
many observant and intelligent pioneers of
this Western country, where immense reserva
tions have been declared In recent years. In
this opinion I fully concur, and If the al
leged conservation of the water supply was the
only reason for the creation of reserves I
would most heartily Join In a protest against
them. There Is one and only one Justification
for the holding of immense bodies ot land In
reserves, whether temporary or permanent,
and that Is to protect these magnificent tlm
oer belts from being seized by scripholdera and
landgrabbers from all over the country,
whose purpose Is to hold them" for specula'Uve
purposes only, without any Idea of using them
for developing the wealth of the state.. Con
gressional action should bo taken at onco to
prevent this, for with Congress rests the sole
power of granting Immediate relief by amend
ing the lieu land laws. But a still better
course for our representatives In Congress
to pursue would be to endeavor to secure the
passage of a law granting all of these lands
to the state for school purposes. If this last
alternative could b" adopted, then it should be
the policy of the state to make ample appro
priation and pass strlAgent laws for the pro
tection of forests against fires. So long, how
ever, as all our timbered lands are either
within reserves or In private ownership. I can
see no good reason why the people of the stats
should be heavily taxed to protect them. There
is no objection to the creation of a commis
sion and the appointment of wardens and
rangers wlih ample power to protect the for
ests of the state If the corporations and In
dividuals who own them will pay the ex
penses. Building of Celllo Canal.
Governor Chamberlain tells at length of
the work of obtaining; the right of way
for the Celllo Canal and says:
Too much praise cannot be given the mem
bers of the Open River Association, arid par
ticularly W. J. Mariner. J. T. Peters, J. A.
'Smith. Henry Hahn. Allen Lewis. N. G. Bla
lock and A. H. Devers. for their efforts In
this project, as well as to their attorney, Mr.
J. K. Teal, whose attention to the matter has
been unremitting, and whose services both to
his clients and the board have been lnvaluaDlo,
and have made the consummation ot this -wort
possible. It la seldom. Indeed, that men can
be found, who like those named above. ar
willing to sacrifice business interests, tlma
and money for the public welfare.
No one not an active participant can appro.
(Concluded m Pasre 14.
BALD HEADS
COVERED
"With rich, glossy
hair; itching,
scaly, crusted
scalps cleansed'
and purified by
shampoos with
CUTICURA SOAP
and dressings of Caticnra, the great
Skin Cure and purest and sweetest
of emollients, when all other reme
dies and treatments fail.