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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 18, 1905)
THE MORNING- OREQOXLLS, .EDNESDAX, JAOTARY . 45, 1905. BONDS FOR WATER Authority Given Malheur Irri gation Directors. TO BUY RIPARIAN RIGHTS Tax Upon 'the' Property of the Dis trict Will Be Levied to Repay Up to the Amount of $350,000. SALEM, Or.. Jan. 17. (Staff Corre spondence.) The Malheur Irrigation Dis trict Is to be created by the passage of S. B. 89. introduced by Senator Rand to day. The bill provides that the board of directors of the Malheur "Water-Users' Association shall constitute the board of directors of the district created; that they shall bave power to condemn riparian and other water rights, paying for the same with funds secured by issuing; bonds in a sum not to exceed J 250.000. These bonds are to be sold to the highest bidder and redeemed with money raised by an an nual tax upon the property of the irri jatlon district. The purpose of the bill is to enable the people of the Malheur country to over come the obstacles in the way of the Government irrigation work. The bill was drawn by J. W. McCuIloch, attorney lor the Malheur Water-Users Associa tion. In a very short but sharp contest to day the Senate laid on the table Sen ator Coe's bill raising the statutory Age of consent from 16 to IS years. There was nodebate on the floor of the Senate, but ' ' ' ". ' " ' '''''' mm Mmaumm MULTNOMAH'S INDEPENDKNT SEX.VTOU. it was evident from the concerted action that was taken that there had been con siderable quiet discussion among the Sen ators. The bill provides that if any male per son over the ago of IS years shall car nally know any female person under the age of IS years, he shall be deemed guilti er rape. Laws of this kind are based upon the theory that a female under the speci fied age Is not capable of giving consent to the act mentioned. The present age limit is 16. The Senators who opposed the raising of the age limit say they did so because !t is not a fact that a female between the ages of 16 and IS is of Much an immature age as to be incapable of consenting, and if the limit be raised to IS It might as well be raised to SO. The vote by which the bill was laid on the table was about two to one. Many of the emergency clauses appended to bills introduced at this session of the Legislature are in the tame form as was used before tho adoption of tho initiative and referendum amendment. Under the constitution as it formerly stood. It was sufficient to declare the emergency, but lince the adoption of the amendment it is necessary to declare that the immedi ate preservation of the public peace, health or safety requires that the act shall take effect at once. Probably half tho emergency clauses thus far appended to bills are fatally defective. Archie U Pease Is to be paid 57000 by the State of Oregon It Senator Hoi man's Benate bill S4 becomes a law. This amount is alleged to be the measure of loss to Pease by reason of the etate con structing a fishway at Oregon City and Interfering with Ashing privileges which i Tease has enjoyed for 30 yea re. When the state began the construction of the fish way, Pease began an injunction suit to restrain interference with his vested rights. The uit resulted In a decision that he had no rights which the state was im pairing. The destruction of these rights, which the' court held do not exist, con stitutes the basis of Pease's claim. To re-enact section 4S27 of the code re lating to road taxes and to repeal section 4S5I. covering practically the same sub ject, is Senator McDonald's purpose In introducing Senate bill So. The Supreme i t ourt has held that section 4SK. author- f izlng county courts to levy road taxes, l.ae superceded part of section 4S27. and j senator .aicuonaia wants tne latter rein- j stated because It. -specifies In greater de tail the procedure In levying and collect ing road taxes.. Pendleton's city charter is to be amend ed by striking out a provision which re quires the payment of a polltax as a qual ification for Toting. It has been found that corrupt -politicians can control elec tions by paying: the poll taxes for hobos or irresponsible citizens. The , bill for the amendment of the charter is Senate bill SS. by Senator Smith. In order that corporations which have gone cut of existence may be cleared from the records, of the Secretary of State, 8enator Malarkey has Introduced a bill providing that a list of delinquents may be furnished to the Governor each year, whereupon the Governor shall Issue a proclamation declaring such corpo rations dissolved. The bill also provides that if any corporation shall be Inadver tently declared dissolved It may be re instated upon paying such sum as the Governor may fix, not less than the amount of fees due. In order to remove doubt concerning the county line between Grant and Harney counties. Senator Laycock has introduced Senate bill S3, fixing the boundary line of Grant Counts. The change Involves only three townships and Is satisfactory to all concerned. The doubt that has existed in the past . has given trouble in drawing juries and in levying taxes, but the changers not of large importance, except in removing this trouble. Harney County gets two of the doubtful townships and Grant one. Death by hanging is to be the' penalty for train robbing, holding up stages, etc.. If the "Legislature should pass Senate bill 54, by Croisan. Senator Crois-an thinks he can make Oregon an unpopular place for highwaymen. The Senate today decided upon motion to direct that hereafter the enacting clause of a bill shall' be merely "Be It Enacted, by the People of the State of Oregon." Senator Miller has Introduced by re quest a bill to abolish the system of let ting convict labor by contract. The bill provides that the convicts shall be divid ed Into three classes, according to charac- ter. and employed at work to which they are best suited. Those who can be worked outside the prison are to be worked on the roads, while others arc to be taught trades. The bill carries an appropriation of J10.0W. Jucgmonts may be renewed and re- docketed by the court at any time within ten years, if Malarkey's Senate bill 100 becomes a law. If not so renewed, upon motion the judgments expire by llmlta tlon of law. For the purpose of removing all doubt as to the validity of sections Mil, 4342 and 434S of -die code, relating to fences in cer tain Eastern Oregon counties. Senator Band today Introduced Senate bill 97. To appropriate $17,500 per year for the support of Monmouth Normal School and to create the "Monmouth State Normal School Fand," Is the end desired by the introduction of Senate bill S2 by Lough ary. The Monmouth school now gets $12,000 per year. In his triennial report Secretary of State Dunbar earnestly rec ommended that all "special funds" be abolished. The proposal of C H. Sholes. a Port land stenographer, to do the clerical work of the House during the session for a contract price of $S5M has been officially killed by the resolutions committee. Sholes stated In his communication that the clerical work cost an average of J1S.O0O per session. It was announced by the Speaker that the law fixed the manner In which all clerical work should be done, and that a change in the code would be necessary be fore Iho proposal could be adopted. Tho committee also tool: this view, and rec ommended that the resolution including the proposal be not adopted. The report was adopted. The petition from tho Lewis and Clark Exposition Corporation for legislation to restrict forest fires has been turned down by the House resolutions committee. The Exposition officers wlJied to abate the smoKO nuisance during the Fair months. If possible. Chairman Kay, In making the report for the committee on the joint memorial embodying the petition. saJd that such a memorial carried no power or authority and that It embodied too many items. a part of the nlan surxrested bv Presl. dent Goode and Secretary Reed was that the Sheriff of each county do the work of petroling forests endangered by fire i JSF. 2; CJfV Of- SOuCsLNS VAseXUVta tr VW . J GAMBLING A FELONY Object of Bills Introduced in the Salem House. BUCKET-SHOPS ARE INCLUDED Slot-Machines Placed Under the Ban, and Owners of Buildings Are Held Equally Liable Documents Closely Watched. SAL5M, Or.. Jan. 17. (Special.)-A bill to make a felony of gambling cither in the playing of gambling games or In the operating, of slot machine was Intro duced In the House this morning by Gray, of Douglass. Another bill to prohibit bucketshops of every description was pre sented by Hermann, of Coos. Heavy fines are provided. Oh the second offense the manager of a bucketshop establishment may be sentenced to six months' Impris onment in the county Jail. A clauss holds the owner of the building In which such bucketshop is In operation equally guilty. "For an act to prohibit gambling" Is thf plain, -blunt title of tho bill which makes gambling a felony. It was the first of the day's crop of new bills to be read. Slot machines, playing for cash or checks are specifically prohibited. Any person who conducts a gambling s;ame or device iliall. according to this bill, be deemed guilty of a felony, "and on conviction thereof shall be Imprisoned in the penitentiary for the period of not lcifi than one year nor more than three years." This bill is the counterpart of a meas ure Introduced by Hutchinson, of Mult nomah, on the last day of the special session of 1903. and was lost in transmis sion between the two houacs. The rec ords show that the bill passed the House but never reached the Senate. A. C. Jen nings, then Chief Clerk of the House. said at the time that he had dolivcred it to a page at the bar of the Senate. This the page denied. The bill docs not mention a player, but It says: "Any person who shall conduct. cither as owner, proprietor, employe or assistant, or in any manner whatsoever. either for hire or not. any game of faro, montc, roulette, rouge et noir. lansqul- nette. rondc, vlqgt et un C21), poker. drawpoker. brag, bluff, thaw, ton or banking or any game played with cards. dice or other device, or any slot machine or gambling device, whether the same be played for money, checks, credit or any other representatives of value, in any house, room, shop or other building what- sover, boat, booth, garden or other place where persons resort for the pur pose of playing, dealing or operating any such game, machine or device, shall be guilty of felony." The punishment foi lows. The bill has been read the first time and has not been referred to any commit tee. After the second reading It will probably be referred to the committee on health and public morals, composed of Representatives Calvert, Munkers and West. Mindful of the scandals which had arisen at the mysterious disappearance of the Hutchinson bill at the last session. tho clerks of the House kept a -partlcu larly watchful eye upon it until it was sent to the State Printer's office. Chief Clerk Thompson, who Is directly respon sible for all House bills, did not allow It out of his sight until the document. TWO REPRESENTATIVES AND THE SPEAKER single typewritten sheet, was securely locked up. ' Bucketshops are the target of Her mann's bllL Buying or selling on mar gins of stocks, bonds or produce, or where the property so transferred is not actu ally delivered. It expressly forblddpn. Any perpon or corporation conducting such alleged saleo shall be liable to a fine of YS) to $1000. and upon conviction of sec ond offense to imprisonment for six months. The owner of any bulkllng in which he knowingly allows violations of the pro visions of this bill to occur Is held guilty equally with the pripclpals and lia ble to the same punishments. Changes in the closed season for deer are provided in a bill introduced by Miles of Yamhill. The present law gives; November 1 to July 13 as the dates of the closed season. This bill makes the closed season begin Decem ber 1, and end September 15. Representative Von der Hcllcn. of Coop, will introduce a bill on salmon fishing in the Rogue River. Fishing- for all kinds of fish cast of the conflu ence of the Illinois with the Rogue is prohibited by other means than hook and line. The bill is planned to pro tect, young fish and mother salmon near the hatcheries. A clerk for the fish warden In the Southern Oregon district was provided for in a bill In troduced today by Von der-Hellen. Changes in the law providing for the Sailor Boarding-House Commis sion are made by a bill introduced Uy Cavonder of Linn. The object Is to permit such institutions as the Sea men's Mission of Portland, a charitable Institutions which charges sailors nothing for placing them on board a vessel, to do o without paying the boarding-house license fee of 5250. Another change is that the Commis sion la horcaftcr to be named by the Governor alone, instead of by tho Gov ernor, the Sivretary of State end the State Treasurer, ns at present. It is understood that Governor Chamberlain was instrumental in drawing- up the bill. Incorporation bills for Mount Angel. Turner and Jefferson. Marion County; wore introduced today. Bills for changes In the charters of Astoria and Sherwood also appeared. What Is Intended to aid construc tion of the railroad to Tillamook ap peared today in a bill from Killings worth of Multnomah. The bill is to compel main-line roads to make equit able rates to feeders. In this way those interested in the Tillamook road hope to obtain rates from the South ern Pacific by which the cars from the feeder road may be hauled by the Southern Pacific to Portland. The hunters license, determined upon by the State Fish and Game As sociation some time ago. was heard of today in a bill fathered by Mulr of Multnomah. It provides that every person who hunts for game of any de scription, birds or deer, shall first re ceive a permit and license from the County Clerk of his county. The license fee is $1. The money collected In this way shall be turned into the State Treasury for the benefit of the State Fish and Game Warden. Any one hunting without receiving1 a license Is liable to a fine of $20 to $100. Before a recent change in the law, at torneys from other states were required to pay a fee before they could practice before the S'tate Supreme Court. By a bill Introduced by Smith of Josephine such attorneys must hereafter pay a fee of $20. When the St. Johns charter bill was on its final passage. Kllllngsworth of Mult nomah, Its sponsor, rose to give St. Johns a boom and a boost. He succeeded ad mirably In Impressing on his colleagues the grand possibilities in store for the municipality as a thrifty suburb of Port land. Mr. Kllllngsworth owns consider able real estate at St. Johns, but the i House members-thought only of the bright future toward which It Is growing. PROMINENT IN HOUSE AND SENATE EASIER FOR VOTERS Direct Primary Amendment Bill Offered by Huntley. OFFICERS ON DUTY EXEMPT Registration Books to Be Opened 20 Days. Before Municipal Elections Electors Are Permitted to Change Party filiation. SALEM. Or., Jan. 17. (Special.) The bill introduced by Capron of Multnomah In the House yesterday, to make the dl rect primary law operative this year for the city election in Portland and other municipalities, was withdrawn this morn ing by Capron by unanimous consent Few of the members knew to what the WII referred, for Capron mode no fur thcr remark than to ask permission to withdraw the measure. Speaker Mills at once acceded to the request, and led th House on to the next order of business. Huntley of Clackamas this raornln; introduced another bill to amend the di rect primary law so as to exempt from the registration requirement such officers as may be absent on official duty from their county at the time registration is made, and to open the registration book before a municipal election for 20 days in towns wherp the law applies. The bill comes from the Direct Primary Nomina tions League of which Speaker Mills Is president, and was brought up to the Legislature by W. S. U'Ren, of. Oregon City, who gave It to a Representative from his own county to introduce. Tne bill contains a further amendment that electors may change their registration of party affiliation for a municipal election, and again for a general election at the next time for registration thereafter. The Huntley bill will probably pass The law as It stands Is not operative this year, becauso If enforced In city elec tions It would disfranchise 9S per cent of the voters, inasmuch as only about 5 per cent of the electors in municipalities have registered their party affiliation. The law requires such registration as a qua! ideation for voting In primaries. Consequently there Is good promise that tho primaries for the city election In Portland this year will be conducted un der party organizations, according to the old system. If party tickets shall be put Into the field. Nomination of candidates on citizens' tickets Is not controlled by the law 'at any time, because the law applies only to the primaries of estab llshcd parties. The law under which pri-- maries were held in Multnomah In IMS and 1S04 was repealed by enactment of the direct primary law, although the lat ter does not become operative until after the registration of 1S06. Fishhooks smaller than 00 size are to be prohibited in Columbia County, by a bill Introduced by Representative Mnyger, of Columbia. Storekeepers are forbidden to sell the small hooks. To change tho lien law so that con tractors and supply men will have 90 days In which to file Hens Is the purpose of a bill which is fathered by Representa tlve Griffin, of Lane. The present lavf allows CO days to contractors and 3) to supply men. This time Is held to be In sufficient by advocates of the bill. A commission to have charge of the water system of Tillamook City Is to be created by a bill Introduced by Repre scntatlve West, of Tillamook. The City of Tillamook Is building a new water sys tem. which Is to cost between $40,000 and JSe.OO. and for which the last Legislature authorized Issuance of bonds for that pur pose. The work Is. now under the control of the City Council. After completion of the system the commission is to be reduced to fivo members. The ten members of the commission arc to be: George Conn, Homer Mason, M. W. "Harrison. M. F. Leach. A. M. Hare F. R- Bcals. C. A. Patslaff. Claude Thayer. F. S. White house. B. L- Eddy, G. A. Edmunds, Charles I. Clough. A bill by Representative West would amend the law as to sales of property to Uie county lor delinquent taxes by au thorizing the District Attorney or his deputy to. bid ki the property in the ab sence of the County Judge. Speaker Mills introduced a House reso lution today, authorizing the chair to ap point two members of the body to act with the chief cjerk and the Journal clerk in revision of the journal after" adjourn ment. The resolution went to the com mittee on resolutions, where it "will prob ably be amended so as to Include the calendar clerk. In accordance with the law. The time for revision Is to be not more than 3 davs. Thi two Hntu members are to receive $S a day, and the chief , clerk and Journal clerk their regular sal 4 arlef. The resolution has appeared nn l usually early. Heretofore It ha gener- j ally been Introduced by some person who desired appointment to the duty, but Speaker Mills has headed off any such ambitious person this time. Courtesies of the House were extended today to Frank Menefec. of The Dalles. on motion of Burgess of Wasco, and to B. F. Pike, department commander of the Oregon G. A. R. The fisheries committees of the two houses are confronted with a large num ber of bills, and already are tho busiest in the Legislature. The House commit tee was authorized today to engage the services of a special stenographer. By n system of receipting for bills. which was put Into effect today, danger of losing bills in transmission between the two houses Is minimized. The bills ore carried by special messengers from the chief clerk of the one body to the nUDSON OF-MULTNOMAH, AND HIS LITTLE BILL. chief clerk of the other, and each chief clerk signs a receipt on receiving a bill, The Senate messenger is Penumbra Kelly, and the House messenger Philip Lombard, both of Portland. The first bill receipted for was H. B. 56. to In corporate St. Johns, by S. Lw Moorhead. chief clerk of the Senate. A bill for a railway commission, based upon the law In Texas, has been intro duced by Representative Smith, of Jose phine. It provides that the Governor shall appoint three members, who shall serve until the next election, when one member shall be elected from the state at large and one member from each ot the Congressional districts. The commis sion shall have control of railway rates and all matters affecting the railways ot the state. A limit of 23 ducks a day. or 1C0 a week, is prescribed fdr hunters in a bill intro duced by Representative Shook, of Klam ath. Shooting of wild geese along the Columbia Is prohibited. East of the Cas cades, except In Wasco, Klamath and Lake Counties. It Is to be unlawful to shoot Chinese pheasants at any time. A closed season for quail, except Bob White qual!. from November 1 to August 1, is provide'd. Representative Blaklcy. of Umatilla, in troduced a bill today for the relief of Indian War volunteers who are not pro vided fcr by previous appropriations. This bill appropriates J45.000. Each non commissioned officer and private shall re ceive J2 a day fcr time served in the In dian wars of 155 and 1S55. Commissioned officers shall receive the pay received by officers of the same rank In the United States Army. The bill ap plies also to the Ninth Oregon Militia. The claim for services must be made by the volunteers themselves, and no claim filed by a widow will be considered. The salary of the School Superintendent cf Klamath County is increased to $1200 a year in a bill Introduced by Representa tive Shook, of Klamath. The first of the proposed bills for pro tection for coal miners made Its appear ance today In a bill from Hermann of Coos. It provides that each mine shall be connected with the surface by two shafts not less than 150 feet apart. Proper ventilation Is required. One of the pro visions is that an inride overseer shall be employed to watch all apparatus in tended for the safety of employes. BUT ONE VETO FAILS Salary of Multnomah School Superintendent Is Raised, GOVERNOR REALLY FAVORED Action of Executive Mansion and Scalp Bounty Measure, With Pure Food Lav and Astoria Charter, Is Sustained. SALEM, Or.. Jan. 17. (Special.) Mem bers of the House struggled through a thick fbg to. the" Capitol this morning to consider the Governor's vetoes on five House, bills passed by the last Legisla ture. The vetoes were all sustained ex cept the one against raising the salary of the School Superintendent of Multno mah f rorrt JT500 to J2C00 a year, which was passed unanimously over the negative of the executive, by both Republicans and Democrats. Governor Chamberlain had announced that he regfPtted the veto and had tried to recall It. but was too late. The four other vetoes were on the fol lowing bills: H. B. 1SS. for new pure food law: H. B. 2SL. for pew Astoria char ter; H. B. 304. to bond warrant indebted ness of Multnomah County; H. B. 353. to appropriate money for certain claims and for an executive mansion. The vetoes on the three first-named bills were sustained unanimously, and oa the last the vote on the question of passing the bill over the veto was 47 noes to 11 ayes. The ayes were: Bailey. Bramhall, Burgess. Hudson. Jackson. Kay, Richie. Sottlemler. Shook, Steiner, Vawter, Von f der Hellen. Mills. The Governor's chief reason for vetoing j the appropriation bill, as he stated it to tho Legislature In his communication, was that too many appropriations had been put into the bill and that the items therein contained should have been the subjects of several separate bills, and that the executive mansion should especi ally have been in a separate bill. Kay of Marion, who was chairman of the ways and means committee of the last House, the committee which drafted the bill, arose to defend the bill, insisting that bills of the same nature had been passed by other Legislatures and also by the last, embracing many different sub jects for appropriations. The opinion of the Governor that the bill was unconsti tutional because its title was not com prehensive of Its contents, Kay disputed. Kay cited several items la the bill to show Us merit, among them being J105 for the relief of a convict who had lost his leg In trying to prevent the escape of Tracy and Merrill from the peniten tiary, and another for $34,000 for paying a deficiency under the scalp-bounty law. McLeod of Union supported the veto, saying that the measure was an omnibus bill to which he was opposed on general principles. Blakley (Dem.) ot Umatilla, suggested that the whole matter be Indefinitely post poned, but Speaker Mills ruled that the House must vote on the question of pass ing the bill over the veto. The roll was called and the veto was sustained. The bill for raising the salary of the Superintendent of Schools of Multnomah County was explained by Bailey, who said that the Governor had Informed him and Burns of Clatsop that he wa willing to see the bill passed over the veto and that he had placed his negative upon It un der a misunderstanding of Its contents. The Governor admitted that a salary of $1500 a year was not sufficient compen sation for the duties of School Superin tendent. Burns corroborated Bailey's statement as to the views of the Gov ernor. The present incumbent ot the of fice la R. F. Robinson. To aid the fish department of the stato to become self-supporting; Repre sentative Burns, of Coos jpd Curry, has Introduced a bill which provides for higher licenses on fishermen and can neries. The clause as to canneries pre scribes a fee of 3 cents a case for . canned fish.