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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 19, 1905)
T'ORmiaa bXEGOm&K, THlijRSpATv iTACTARY 19,J- 1905. , OREGON'S GOVERNOR THREATENS THE USE OF VETO POWER WARNED BYTHEGOVERNOR LEGISLATURE MUST REMEMBER THE REFERENDUM. Right of the People to Pass on Laws Will Be Protected, Says Demo cratic Chief Executive. SALEM, Or.. Jan. 18. (Special.) The right of- the .people to exercise the refer endum power is to be protected by Gov ernor Chamberlain and notice to this ef fect -was today served upon the two Houses of the Legislature. In a special message the Governor told the members in plain language that'thcy are attaching emergency clauses to many measures which aro not designed to meet real emergencies and that he will feel bound to disapprove such bills if passed in that form The Republicans of the two Houses have agreed to override the Governor whenever he shall veto bills on account of emer gency clauses in a manned deemed by them unreasonable. The Governor's mes sage admonishing against too frequent use of the emergency clauses was received with wry faces by Republicans. They have promised one another to tack on such clauses only in case of actual emer gency and are determined to judge for themselves If aa emergency exists suf ficient to put an act into immediate oper ation and to stand together to make up the necessary two-thirds vote. As they number live-sixths of each body, they will have no difficulty In defeating vetoes when they stand together. In order to prevent the Governor from holding back vetoed bills until after ad journment. Republicans will endeavor to put through important measures early in the session. Bailey of Multnomah spoke the voice of Republicans today in the House when the subject was brought up in discussion of the emergency clause in the fish bill. He declared other emer gencies might exist than those mentioned in the Governor'3 message. The message is as follows: Gentlfmen of the Senate and Houje o Representatives: Under the amendment to the constitution or the State of Oreson adopted June 2, 1002, the people reserve to themselves power at their own option to approve or reject at the polU any act o the LejlslatUe Assembly. This iKrer. known as the "referendum," may be ordered except as to laws necessary for the im mediate preservation of the public peace, health or safety, cither by the petition signed by f per cent of the local voters or by the Legislative Assembly as other bills are enacted. J Petitions to refer acts passed by the Legis lature must be filed with the Secretary of State not more than I0 days after the final adjournment of the Legislative Assembly 'nhlch passed the kill on which the refer endum is demanded. The plain intent of this reserve power was to enablo the people of the state to have re ferred to tbcm directly for their approval or rejection any act of the Legislature which In the opinion of at least 5 per cent of the legal voters should not find perma nent lodgment, on the statute-books of the state, except as to laws necessary for the Immediate preservation of the public peace, health or safety. The Supreme Court of this state has prac tically held that it is the legislative prov ince to declare in an emergency clause what acts are necessary for the Immediate pres ervation of the public peace, health or rafcty, and in the exercise of this power it seems to me that great care should be used by the Legislature tn avoid attaching an emergency clause to any bill which Is not clearly and distinctly" fof the purpose of preserving the public peace, health or safeu of our people. lly attention has been called to the tact that many If not a majority of the bllljr which have been Introduced in both the House and Senate have an emergency clause declaring such bills to be for the immedi ate preservation of the public peace, health and safety of the people. Thus, in effects cutting off the right to have such laws re ferred to the people. As a matter of fact, no law can have for its object the Immedi ate preservation of the public peace un less it be to prevent invasion, insurrection cr war; no law can have for its object the immediate reservation of the public" health unless U be to prevent the Introduction of some plague or the spread of some con tagious or infectious disease, and np law can have for its object the Immediate preserva tion of the public safety unless it be to pre vent riot or mob violence or something cal culated to bring about great destruction of life or property. I am bound by the same oath of office as you and other o nicer? of the state to support the constitution in letter and in ppirlt as I understand it, and following the construction heretofore given by the courts and the people to constitutional provision UUe the one under consideration. I shall feel it my duty to refuse to give my as fcent to any act containing the emergency clause referred to unless It Is. clearly ap parent that the emergency Is immediate within the letter and spirit of this amend ment to the constitution. The people of the state should have the right to avail themselves of the referendum clause In tho constitution in all cases except those ciearly intended to be embraced within the e ceptions quoted. Despite the Governor's implied threat to veto bills which declare an emergency not really existing, he signed a bill for the new Clatpop Courthouse todav. though the measure contained an emer gency clause. SENATE PASSES BILLS. Protection for Black Bass to Be Re moved State Fair Aided. SALEM. Or.. Jan. IS. (Special.) The Senate was called to order at 10 A. M. A message was received from the Gov ernor announcing that be will veto all bills which arc not for the immediate preservation of the public peace, health and safety, but which have emergency clauses attached. Senate ictltlons Nos. 2 and 3. urging the passage of S. B. S. defining statutory rape, were read. S. B. S. by Crolsan. to reimburse the common tchool fund for moneys loaned to the State Agricultural Society, tho amount being $30,060. was passed. On motion of Senator Hodson the presi dent was directed to appoint an addi tional page. The president appointed C. T. Jennings. S. B. IS, by Tuttle. to repeal the law protecting black bass, was passed. S. B. 16. by Tuttle, to protect sturgeon and provide rewards for prosecuting at torneys, was passed. S. B. 43, by Smith, to create a "boundary commission for Union, Umatilla and Wal lowa Counties, was passed. S. B. 10S, by Pierce, to amend the char ter of lone, was passed. H. B. 56, to incorporate St. Johns, was passed. S. B. 3L by Rand, to abolish office of County Recorder in Baker County, was passed. S. B. S3, by Raad. to increase the sal ary of School Superintendent in Baker Count', was paased. S. B. 34, by Rand, to increase the emolu ments of the Sheriff of Baker County, was passed. S. B. 3?, by Whealdon, to appropriate 545.000 for the payment of Indian AVar Veterans, was read tho third time and re-referred to the committee on claim.". S. J3. 4S, by Crolsan. to appropriate 3S00 Sot the purchase of a small traqt of land surrounding the memorial monument at Champoeg, was passed. S. B. il. by Crolsan. to appropriate money to reimburse Mrs. Mary Nibbler for meals furnished to militiamen while -In pursuit of Tracy and Merrill, was passed. S. B. 40. by Smith, to create County and Municipal Boards of Health, was made a. .special order for 11 oclock tomorrow. S. B. 53, by Pierce, to require execu tors to execute deeds to property which deceased persons had contracted to con vey, was passed. S. B. 96, by Malarkey. to authorize the Lewis And Clark Fair Corporation to condemn private property, was passed. S. C. R. 16, by Sichel. to authorize pur chase of an oil painting of Govornor Chamberlain. H. B. 1. by Staiaer. to grant cortain lands in Klamath County lake beds to the United States in consideration of recla mation thereof, was passed. S. J. M. 17, by Avery, for Government ownership of the locks at Oregon City was referred to the Judiciary committee. New Bills in Senate. SALEM, Or.. Jan. IS. (Special.) Bill were Introduced la the Senate as follows: S. B. 102. by HHler To authorise Coun ty Courts to permit the Government to build experimental roads. S. B. 103, by Creiraa To raise the sal ary of the Assistant "Warden of the Pe:u tentiary from $900 to $1200. . B. 104. by Wright To amend char ter of McMinnrilie. S. B. 103, by Cotbow To make It un lawful to shoot from or upon any-publlo road. S. B. 100, by Laycock To amend th law relating to location of county scat. S. B. 107, by Coke (by request) For a. hunters license. S. B. 108, by Pierce To amend the char ter of lone. S. B. 100. by Malarkey (by request) To prohibit use of pigeons as targets. 5. B. 110, by Malarkey (by request) To prohibit wanton destruction of crabs. 8. B. Ill, by Rand To fix salary of School Superintendent of Harney County. 6. B. 112, by Rand To fix salary of As sessor of Baker County. 5. B. 113. by Hodson (by request) To de fine rights of riparian owners fronting on the Columbia River. v 8. B. 114. by Coe To exempt mining .cor porations from the payment of the llcens tax. 6. B. 115. by Wrighf (by request) To provide for forming of dyking districts. 5. B. 116. by Coke To amend the code re lating to protection of ducks and geese. 6. B. 117. by Hobson Regulating peddlers. 8. B. 118, by Tuttle To amend the gen eral road laws. S. B. 119, by Tuttle To fix salaries of county officers in Clatsop County. TO AMEND THE EDDY LAW. Identical Bills Are Brought to Both Houses. SALEM. Or.. Jan. IS. (Special.) A strenuous effort will be made at this ses sion to amend the Eddy corporation tax law. and to that end two bills were In troduced in the Legislature today. The bills are identical, one being by Repre sentative Smith, of Baker, and the other by Senator Coe, of Multnomah, and are for the purpose of exempting certain min ing companies from tho payment of the annual license tax. The bills provide that mining companies shall make annual re ports of the business done by them, and If it shall appear that their gross receipts are les6 than $1000, they shall be exempt from the payment of the annual tax. Friends of the bills say that the pres ent law discourages mining companies that are conducting developing work and have not begun to sell the output of their mines. They claim that the change pro posed would encourage the organization of mining corporations and that the state would realize as much from organization fees as it would lose by the decrease in annual license fees. The weight of opinion seems to be against a change in the Eddy law, chiefly for the reason that it has worked smooth ly and has not proved to be a great bur den to corporations whose capital stock represents anywhere near the value of their property. Those who oppose a change say that if mining companies that are not yet doing an extensive business do not want to pay an annual tax of 5300 on a capitalization of 52,000,000. they should reduce their capital stock to 550,000, upon which the annual tax would be 530. and when their property and business grows they can increase the capital accordingly. Friends of the Eddy law also aver that If any change should be made which would discriminate In favor of any class of corporations, the whole act might be declared Invalid because not equitable in the tax Imposed. They fear that an at tempt to change the law so as to exempt fcome corporations from the provisions of the act would result in the state losing all the revenue. Men familiar with the workings of the corporation tax law say that if the min ing companies mentioned should be ex empted from the payment of, the license tax the increase in organization foes would not near make up the loss in revenue. It Is quite certain that the bills to amend the law will meet strong opposition. PROTECTED BY THE RAIN. Tillamook and Clatsop Exempt From Forest-Fire Law. SALEM. Or.. Jan. IS. (SpeciaL) Tilla mook and Clatsop Counties succeeded in having themselves exempted from the closed-fire season tonight at a meeting of the House committee on public lands. The committee will bring back to the House tomorrow Miles' bill for the pro tection of forests against fire. The bill was drafted by timber interests and pro vides that between June 1 and October 1 no brush or clearing Area shall be start ed without permit of the County Clerks, and between August 1 and September 15 such fires shall be prohibited. Clatsop County fought for exemption through Representative Laws, and Tilla ruooK through Representative West, who said the rainfall was so heavy In those counties that their interests required ex emption. The bill provides for patrolling of for ests by wardens appointed by the County Courts and paid by timber-ownersi When the bill comes back to the House a lively tight will probably ensue, for other coun ties may desire exemption, and Clatsop and Tillamook may have to fight to stay" out. NEW JUDICIAL DISTRICTS. Joint Resolution Introduced in the House by Kay of Marlon. SALEM, Or., Jan. 18. (Special.) For better apportionment of the state into Ju dicial districts, Kay, of Marion, intro duced a joint resolution in the House to day. The resolution calls for a joint com mittee of five who shall draft a bill for carrying out their recommendations. As the districts stand some Circuit Courts are overworked while others have time on their hands. It is the opinion of Kay that better apportionment can be obtained than by dimply dividing districts aa busi ness becomes too great for one court. Multnomah legislators have been dis cussing the advisability of abolishing one dopartment of the Circuit Court in that county, but probably will not make the ehajge. The present terms of Judges George and Sears will end next year. At a meeting of the Multnomah legis lators last night tho raatVr was discussed at some length. Mlllf. Bailey and Mulr conceded that the county might get along with ono Judge lens, and Malarkey and IJnthtcum were opposed- The delegation took no action, and It is understood the matter will not be pressed. Cup Rush at the University. UNIVERSITY OF OREGON, Eugene, Jan. IS. (Special.) Today was cup-day at the university and for an hour the fresh men and sophomores rushed on the camp us for supremacy. The contesting class men wer evenly matched, but in the end the youngsters tied the sophomores and won. DIRECT VOTE ON SENATOR SENATE DEFEATS JOINT RESOLU TION FROM HOUSE. Haines of Washington Says Such Memorials to Congress Are Pro ductive, of No Good. SALEM. Or.. Jan. IS. (Special.) The Senate today -defeated the House joint resolution asking Congress to call a Con stitutional convention for the purpose of adopting an amendment providingforelec tlon of United States Senators by direct vote of Uie people. When the vote was taken Senator Haines explained his nega tive vote by saying that while he favored election of United States Senators by di rect vote, resolutions such as this have been adopted by Legislatures for many years, without any good being accom plished thereby. Other than this there was no discussion of the .subject. The vote was as follows: Ayes Avery. Booth. Brownell. Carter. Coke. Cothow, Crolsan. Malarkey. Miller, Pierce. Smith. Wright, Mr. President 13. Noes Bowerman. Coe. Farar, Halnec, Hob sen. Hodson, Holman. Howe. Laycock. Lough, ary, McDonald, Nottingham, Raad, Sichel, Tuttle, Whealdon IS. Absent Mars. To give taxpayers the power of initiat ing county-seat contests, and taking this power away from transient residents, is the purpose of S. B. 106. introduced today by Senator Laycock, of Grant County. The present law requires that in order to raise the question of changing a county seat, a petition must be presented to the Counts Court signed by three-fifths of the legal voters. The proposed law requires a petition signed by one-half the tax payers. The present provision that a ma jority of three-fifths shall be necessary at the election to change the county scat Is retained In Senator Laycock's olll. At the request of the Oregon Game As sociation. Senator Coke today introduced in the Senate a hunter's license bill, pro hibiting the killing of game by any person who has not first secured from the County Clerk a license authorizing him to engage in hunting. The license fee is fixed at 31. The Senate received a little the best of the division on distribution of joint com mittee clerkships. The Senators consti tute one-third of the entire membership of the Legislature and in point of numbers would be entitled to name one-third of the Joint committee clerks. "When the joint committee on appointment of clerks met to consider the matter it was agreed that the Senate should appoint two-fifths of the clerks. The Indian War veteran bill, carrying an appropriation of 545,000 for the pay ment of the remainder of the claims of veterans of the war of 1S55-56, came up in the Senate today for final action, but because It does not provide what action shall be taken in the case of claims of veterans who have died since their claims were allowed, the bill was re-referred to the committee on claims, for amendment. The purpose is to remove all doubt as to the rights of claimants. The commit tee will take action at once and report the bill back for final action. Senator Crolsan made a forceful address to the Senate this afternoon in behalf of his bill appropriating 3600 for the pur chase of a tract of land surrounding the monument erected at Champoeg in honor of the meeting held there In 3S42. when the first steps were taken toward the or ganization of a provisional government. The bill passed the Senate by an almost unanimous vote. It has bcon the practice in both houses of the Legislature in previous sessions to take up many bills out of their regular order. To do this requires a roll-call on suspension of the rules, and not only con sumes time but very largely increases the size of tho journals. In the Senate today attention was called to the waste of time In voting upon sus pension of the rules and it was tacitly agreed that hereafter, except In extraordi nary cases, all business shall proceed in regular order. Senator Coe's bill raising the statutory age of consent from 16 to IS was today taken from the table In the Senate and upon motion of Senator Coe the Senate went into executive session for the dis cussion of the bill. The proceedings of an executive session are secret, so It can not be known what took place except that the bill will be further considered at 2 P. M. tomorrow. Ex-United States Senator G. W. Mc Bride was a visitor in the legislative halls today, as also was ex-State Treasurer Phil Metschan. The Senate today, passed TutUe's S. B. 16. repealing the law protecting black bass. Senator Tuttle explained to the Senate that black bass are now so num erous and arc multiplying so rapidly that no further protection is needed. District Attorneys are to receive one third of all the fines collected In cases prosecuted by them under sections 4111, 4115 and 4116 of the code, protecting sturgeon, if Senator Tuttle's bill for that purpose passes the House. The bill passed the Senate today without opposition. The State Fair Grounds bill passed the Senate today, carrying an appropriation of 520.060 to pay off the mortgage to the state school fund. The bill now goes to the House for consideration. Senator Coe this morning presented to the Senate two petitions prepared by members of the W. C. T. U. asking for the enactment of S. B. S. raising the statutory age of consent from 16 to IS years. SENATE PASSES TWELVE BILLS Eighteen New Measures Are Intro duced, and Others Advanced. SALEM. Or., Jan. IS. (SpeciaL) The State Senate transacted a large amount of business today, passing 11 Senate bills and one House bill. Introducing 18 new bills and putting many more through the second reading. Senate committees were in passion during the noon adjourn ment and again this evening and consid ered many measures that have been re ferred to them. The game committee this evening decid ed to report favorably a bill prohibiting the kale of game. The blllw passed by the Senate were as follows: S. B. 0. by Crolran To pay mortgage on State Fair Grounds. S. B. 15. by Tuttle To repeal protec ( tlen for black bas. 5. B. IG by Tuttle To protect sturgeon. 6. B. -I, by Crclsan To reimburse Mrs. Mary kibbler. S. B. 31. by TJand To abolish office of Recorder In Baker County. S. B. 3a, by Rand To Increase salary of School Superintendent of Baker County. S. B. 34. by Band To increase emolu ments of Sheriff of Baker County. S. E. 43, by Smith Commission to nxl bounfiariea of Unien. Umatilla and Wallowa Counties. S. B. 4S. by Crolsan To purchase land at Champoeg. S. B. 33. by Pierce Executors to make deed. S. B. 37. by Laycock Tax levies In Grant, Douglas and .Clatsop Counties. IL B. 96, by Kllllngsworth To Incorpor ate St. Johns. Senate Investigation Clerics. SALEM. On, Jan. IS. -S pedal. )The Senate clerkship apportionment commit tee has made the following appoint ments: Von Casey, Douglas, assistant, en grossed bills committee: Jennie Booth, 'Marlon, stenographer for chief clerk: Walter Moore. Wasco, chief, committee on investigation of Secretary of State: Henry Blackman, Union, chief, commit tee on investigation of State Treasurer: Frank Davcy. Marion, chief, committee on Investigation of Penitentiary: J. M. Mann, Multnomah, expert, committee on State Printer: F. Thompson. Yamhill: assistant, committee to Investigate Sec retary of State: R. C. Virtue. Josephine, and E. Nell, Union, assistants, committee to investigate Secretary of. State: J. S. Athbaugh, Polk: Henry Kcycs, Multno mah: Miss G. Randall, Clackamas: Ml G. Marshall. Multnomah, and Miss Ora Smith, Multnomah, assistants, commit tee to investigate State Treasurer; Will Tyler Smith. Yamhill, assistant. Peni tentiary Investigation committee; Miss Jewel McClure. Multnomah, not as signed. : In the Joint apportionment the House named per cent of the clerks and the Senate 40 per cent. FIGHT OVER NEW COUNTIES Third House Receives Large Rein forcement From Eastern Oregon. SALEM. Or.. Jan. IS. (SpeciaL) Three delegations working for or against the creation of Cascade and Jefferson Coun ties are now here, and a fierce fight will open in a few days. The following men from Antelope and Its vicinity arrived late tonight to urge the passage. of the bill of Burgess of Wasco creating Jefferson County: Postmaster J. M- Hamilton, H. C. Hoop er. W. Bolton. Frank Irvine, C. B. Dur bln. P. A. Klrcheiner, Max Lueddemann and R. L. Hunt and A. E. Lake and F. W. Wilson, of The Dalles. Opposed to this delegation arc: County Judge Bell, of Crook; Manager Edwards, of the Baldwin Sheep & Land Company: Sheriff C. Sam Smith. Will Wurzwclllcr, It. V. Gesencr and Timothy Brownhlll. all of Crook County. They reached the scene first. In the Cascade County ranks are A. M. Kelsey and C. L. Gilbert. A big crowd of protectants from The Dalles will soon be here. Their forerun ners say that sooner than permit the rich Hood River Valley section to be carved out of Wasco they will sec that the Jeffer son County bill is defeated. An amend ment naming the county Nesmlth instead of Jefferson will soon appear. Earls next week a throng of workers from Union will Join the third House. They want a portion to be known as Clark or Hot Lake County carved from Union. The county-scat fight between La Grande and Uniorr has thus been brought iato the Legislature, as Union will be named as the seat of the new county. Satisfied With Fish Laws. OREGON CITY, Or.. Jan. 18. (Spe cial.) Forty local fishermen at a meeting here today adopted a resolu tion asking the Stale Legislature to not disturb the present fish laws, and requesting rigid enforcement of exist ing laws for protection of the fishing Industry. George A. Brown and M. A. Magone, chairman and secretary re spectively of the meeting, were consti tuted a committee to convey the reso lution to Salem, and present the same to the committees on fishing Indus tries through the Clackamas County delegation. ARRESTED FOR EMBEZZLEMENT Ex-Treasurer of Hoquiam Believed to Have Taken Large Sum. HOQUIAM. Wash.. Jan. IS. (Special.) Ex-City Treasurer Fred G. Tllley was ar rested late this afternoon, charged with the embezzlement of city funds of about 512,000 or 515,000. The exact amount has not been given. The Council had a meet ing this afternoon, but nothing definite was done. The Council will hold a meet ing tomorrow night, and the expert book keeper will give the exact amount. Tllley was an undertaker In thin city about five years, and has run a largo fur niture store for several years. Every one believed him to be an upright, honest business man. He has held office for sev eral years, and his stock increased very rapidly. He has a wife, but no children. He is a man about 30 years old. and is a member of several lodges In this city, in a number of which he has held tho of fice of treasurer. Tllley was raised in this city, and has several relatives. He has been selling out bis goods at cost. In an attempt to raise the money due the city, but has failed. PRISONERS BREAK JAIL. Wanted in Portland on Charge of Store Robbery. SALEM, Or.. Jan. IS. (SpeciaL) Walter Farrell and Mike Penfould, two prisoners confined In the City Jail and wanted In Portland, to face the charge of robbing the hardware store of Krechman Hart rnarron January 11, tore a 2x4 crossbeam from the screen In front of the toilet room and pried their way to liberty. By means of the scantling, they forced the bars apart until they had an opening 74 Inches wide, through which they crawled. These arc the two men arrested In Al bany Tuesday, at the Instance of Chief of Police Cornelius, and brought to this city yesterday by him. Efforts to con nect them with the robbery of the Bank saloon in this city on Sunday night failed, however, and this morning they were to have been turned over to De tective Kerrigan for return to Portland. All efforts to locate them have so far failed. Local Option May Be Inoperative. HOOD RIVER. Or.. Jan. lS.-(SpecIal.) The suit of Fouts vs. The City of Hood River will be heard before Judgo Brad shaw of the Circuit Court next Monday. Fouts is suing for a return of saloon license rebate, which he declares Is due because of the local-option order closing saloons in this city. The city Is basing Its defense on the ground that the local opticn law is inoperative in cities working under the special act regulating the sale of liquor in -Incorporated cities. In the meantime the Hood River liquor shops continue open. Arm Nearly Shot Off. PSNDLETON. Or.. Jan. IS. (Special.) While loading a wagon at his home near Toakum today. Bert Hopkins, aged IS, was Injured by the accidental discharge of a shotgun. The gun was leaning against the wagon, when Hopkins stumbled over It and fell. The" contents entered his left side, and almost severed his arm. He will recover. Pendleton's N ew Light Sevtce. PENDLETON, Or.. Jan. IS. (Special.) Pendleton was today connected with tho new electric light service of the Wash ington & Oregon Power Company. The service Is not connected with all parts of tho city yet, but the system will be entirely completed In ten days. The city will now be supplied with both electric power and light day and night. "A Delightful Sea Voyage Good ship, spotlessly clean, officered Try good fellows: cuisine equal to the best hotel; Tahiti, a dreamland, balmy cli mate, a variety of scenery. One meets a delightful people, kindly and generous, who extend a broad welcome to visitors to this favored land. S. S. Mariposa sails for Tahiti. February 7 reduced rate for the round trip, 5323. Sena for circular, S43 Market street, San Fra&cicco. THREE BILLS PASS HOUSE BANCROFT ACT IS EXTENDED TO ALL INCORPORATED TOWNS. Corporation to Act as Administrators County Courts Ao Appropriate Lands for Road Purposes. SALEM, Or., Jan. IS. (Special.) Three bills passed the House today without opposition, as follows: To extend the Bancroft bonding act for sewer and street improvements to all Incorporated towns, by Representa tive Bingham of Lane. To empower corporations to act as administrators, executors, receivers, guardians and trustees, by Representa tive Mears of Multnomah. To authorize County Courts to appro priate lands for road purposes, by Representative Jagger of Clackamas. A bill offered by Smith of Josephine to require publication of campaign funds was indefinitely - postponed. Twenty-seven bills were Introduced, a number were advanced to second read ing and a large number of Joint resolu tion for investigating committees were adopted. The Mears bill empowers corpora tions to act as executors, guardians and trustees, such as have capital stock of not less than 5100,000, paid up. Bond Is to be required as of Individuals in like capacity, or In lieu thereof de posits with State Treasurer of standard securities. Corporations are to file with the State Treasurer twice a year reports of financial condition and of their trusts, and such reports are to contain such Information as to the sol vency of the corporations as the State Treasurer may require, Mears was absent from Salem when the bill came up for passage, and the measure was explained by LInthicum, who declared it meritorious. The Bancroft bonding act now ap plies only to municipalities of more than 2S00 population. It allows property-owners who aie assessed for Im provements to pay cost in ten annual installments at Interest not more than 6 per cent, for which purpose munici pality issues bonds. Mr. B.ingnam says the bill if enacted will enable small towns greatly to Improve streets. The Jagger bill authorizes County Courts to bring action to condemn lands needed for the improvement of the county roads. Three fish bills came up in the House for final passage, but were sent back to the committees. All were favorably reported by the committee on fisheries. Ono appropriates 53000 for salmon hatcheries on the tributaries of the Columbia, one to be on the Wallowa River, and 510,000 for hatcheries on Coast streams. Because the bill con tained an emergency clause, McLeod, its sponsor, had It sent back to the com mittee to have the clause expunged. The two other bills came from Mayger. one to abolish the fishery bounty fund, the other to prohibit the driving of salmon from the place where It Is un lawful to catch them. Smith of. Josephine (Dem.) made a brave fight against the Indefinite post ponement of his bill requiring publica tion of campaign funds, though he did not expect It to pass. That many Re publicans sided -with jblm was evident from the number that voted against indefinite postponement. Bailey (Rep.) said that while he did not favor the bill, he did approve its Intent and thought legislation of the kind intended should be enacted. The vote Jor and against indefinite post ponement was: Ayes Messrs. Bailey. Barnes. Brarnhall. Calvert. Capron Colwell. Cran?. Donnelly. Ed wards. Fawk. Flint, Gray. Griffin. Henderson. Hermann. Holeomb. Hudson. Huntley. Jack son. Jayne. Kay, KUllngsworth, Kuney. LIn thicum. Maycer. Mulr. Richie. Settlemier. Sltz. Sonnemann. Smith (of Baker). Von der Hellen. Wcatr-33. v Noes Messrs. Bingham, Blaksley, Burns (of Clatsop). Burns (of Coos and Curry). Caldwell, Carter. Cavender, Chamberlain. Cole. Cooper. Corrett, Dobbin. Jaeger, Laws. McLeod. Miles. Munkers. Newell. Shook. Smith (of Josephine), Stelner, Vawter. AVelcb. Mills 2. BUSINESS OF. THE HOUSE. Bill for Investigation of State Insti tutions Are Passed. SALEM. Or.. Jan. IS. (Special.) The House was called to order at 10:20 A. M. by Speaker Mills. Prayer was offered by Dr. Frank Ab ram Powell, pastor of the Unitarian Church of Salem. Courtesies of the Houses were extended to S. H. Friendly, of Eugene, on motion of Griffin of Lane. Courtesies of the House were extended to Henry E. Ankeny, of Eugene, on motion of Vawter of Jackson. H. 'C. R. 18. by Welch, for a joint com mittee to Investigate the Lewis and Clark Commission: referred. H. J. R. 12, by Kay, that a Joint com mittee of five be appointed to change the judicial districts of the state: referred. H. P. 1. by Cooper, for a hatchery on the Alsea River. H. B. 39, by Mayger, for popular elec tion of Road Supervisors; reported back by committee on roads and highways with the recommendation that it be not passed: bill Indefinitely postponed by a vote of 47 to 10. H. C. R. 1. by Mayger, for a joint com mittee to investigate the fishing indus try; adopted. II. C. R. 17. by Brarnhall, to Investigate the Blind School: adopted. II. J. R. 3, by Capron. to investigate the Mute School: referred to committee on resolutions with amendment. H. R. 11, by Killlngsworth, for a com mittee to Investigate the water power of the state; adopted. S. C. R. 1. bj- Coe, for a joint commit tee to examine the books of the State Treasurer; adopted. S. C R. 10, by Bowerman, for a joint committee to examine books of the State Board of Commissioners of Locks and Ca nals and the State Board of Portage Com missioners; adopted. S. C. R. 11. by Howe, for a Joint com mittee to Investigate the Mute School; adopted. S. C. R. 13. by Hodson. for a joint com mittee to consider the lease of the peni tentiary foundry: adopted. S. C. R. 14, by Holman. Tor a joint committee to investigate the State Li brary: adopted. H. J. R. 3. by Richie, to investigate the State Land Board: adopted. H. J. R. 7. by Smith of Josephine, for a National constitutional convention; adopted. H. J. R. 11. by Sonnemann, asking Con gress to provide for more equitable rates In interstate commerce: adopted. H. C. R. 3. by Von der Hellen. to In vestigate the penitentiary: adopted. H. C R. 10, by Dobbin, to examine the books of the State Land Agent: adopted. H. C. R. 3. by Jackson, for a joint com mittee to investigate the Insane Asylum: adopted. H. A R. 3. by Stelner. to investigate the books of the State Land Office; adopted. H. C. R. 7. by Miles, to Investigate the books of the Secretary of State: adopted. H. C. R. 14. by Cornett. to investigate the Soldiers' Home: adopted. H. B. S7. by Bingham, providing for issuance of bonds for street and sewer improvements in towns and cities of less than 2500 persons; passed. H. B. SI, by Hears, to authorize cor porations to act as administrators: passed. H. B. 19. bj- Smith of Josephine, to re quire publication of campaign funds; In definitely postponed. H. B. 40. by Jagger. to authorize Coun ty Courts to appropriate lands for public highways: passed. New Bills in tie Housed SALEM. Or.. Jan. is. (Special.) New bills Introduced In the House are as fol lows: H. B. 169, by Kuney Regulating- peddlrs of agricultural machinery and implements. H. B. 170. by Cooper Charter for New port, Lincoln-County. H. B. 171. by Cooper Deputy for Clerk of Polk County. H. B. 172. by Xewell For. transportation of Insane patients to Asylum. H. B. 173. by Newell Flxlns salaries of county officers of Washington County. H. B. 174. by Vawter Providing for exw penses of legislative session and for cer tain deficiencies. H. B. 175. by Holeomb To regulate re cording of plats of towns. H. B. 176, by Holeomb To require tax levies to be In even mills or tenths of! mills. H. B. 177. by Settlemier To regulate the tare on baled hops. H. B. 17S, by Sonnemann To regulate sales of explosives and requiring packages and boxes of explosives to be labeled. H. B. 179. by Sltz. to protect raisers of horses and cattle by Inspection of outward shipments. H. B. 180, by Qarter To amend code as to school district libraries. II. B. 1S1. by. Von der Hellen To amend fish law in Rogue River. IL B. 182. by Settlemier To amend regis tration law. H. B. 1S3, by Capron To raise fee for admission of aliens to citizenship. H B. 184, by Smith of Baker To provide for posting noUco of work on mining claim. K. B 185. by Sltz To relieve Malheur Water Users Association. H. B. 1S3. by Blaklcy To amend charter of Adams. Umatilla County. II. B. 187, by Welch To regulate hours of employment of females. H. B. 188. by Welch To protect employes from steam engines. H. B. ISO. by Griffin To amend law as to health of- Josephine. II. B. 100. by Smith of-Josephlne To pre vent railroad companies from holding cer tain lands after 10 years. H. B. 101. by Smith of Josephine To pre vent wlthholdlns of mineral rights in deeds. H. B. 102, by Smith of Josephine To fix salaries of Josephine County offlcers. H. B. 103, bj- Smith of Joxephlne To empower trial Juries to fix puilshment. H. B. 194. by Mulr To amend code as to sale of real property of decedents. H. B. 105. by Killlngsworth To cure de fects In Judicial sales of real property. House Investigation Clerks. SALEM. Or.. Jan. 18. (Special.) The House clerkship apportionment committee has appointed the following as clerks for the joint investigating committees: State printing L. R. Stinson, expert. Marlon: A. L. Hofer. chief. Marion: H. G. Kundret. George Funk, both of Mult nomah; Roy Booth. Lane. State School Land Board A. T. Beach, chief. Lake; Edith Fisher. Wasco: Mrs. L. Daniels, Clackamas: Mrs. Langford. Washington: Amy Bolock, Clackamas; H. H. Humphrey. Baker. Florence Crlttenton Home J. G. Flow er, chief. Coos and Curry. State Library Harry Slocum, Douglas. State Land Board J. H. Darling. Clackamas; L. Jones. Wallowa. Reform School Agnes Lane, chief. Multnomah; Mrs. Tost. Union. Asylum C. B. Wilson, chief, Yamhill; E. W. Wallace. Marion. Bills Reported Back to House. SALEM, Or.. Jan. IS. (Special.) The following bills were reported back to the House today by committees: H. B. 40, by Jagger, authorizing County Courts to condemn lands for road pur poses: favorably. H. B. 29, by McLeod. to appropriate 515.000 for salmon hatcheries; favorably. H. B. 79, by Mayger, to repeal bounty on sea lions; favorably. H. B. 43, by Burns, to prevent driving of salmon from places where fishing Is prohibited: favorably. H. B. 62. by Bailey, to lengthen term of present Labor Commissioner six months; favorably. MURDERER SHAMMED INSANITY One Night Tied Up in Straps Cured Him, and Now He's in Penitentiary. COLFAX. Wash., Jan. 18. (Special.) Charles Martin, who shot and killed Frank Parker in Colfax Thanksgiving day, was today taken to Walla Walla to begin serving an indeterminate sentence in the penitentiary. Martin's defense at the trial was insanlty. and the jury re turned a verdict of "Not guilty, because of insanity." Judge Chadwlck ordered that Martin be confined In the peniten tiary "until released by process of law." This may mean a life sentence. The night after the verdict was ren dered and the order of the court made. Martin tore his blanket into strips and tore up all his bedding. He appeared to be violently Insane, but Sheriff Canutt belleYed him to be shamming, and put the straps used in restraining Insane per sons on him and let him sleep on the rags of his bed on the jail floor. The next night the Sheriff prepared to repeat the operation, when Martin said: "Joe. If you won't put those straps on me I'll not tear up the bedding, and will be good. I nearly froze last night with out any covering, and I've got enough of it." Martin has never shown any symptoms of Insanity since that time. Ballinger Is Chosen Captain. PACIFIC UNrVERSITY. Forest Grove, Or.. Jan. IS. (Special.) Charles Ballinger, of Oregon City, was last night elected cap tain of the 'varsity basket-ball team. The first game will be played in Forest Grove next Friday evening with McMinnville College. Pacific Debate With Washington. PACIFIC UNIVERSITY. Forest Grove, Jan. 17. Pacific today decided to accept a proposal received from the University of Washington for a series of three an nual debates, the first one to be held at Seattle about the middle of April. Rurinrsnfthp St Iniik' SPECIALISTS IN The Master. Specialist of Portlaad, who cures mea. oaly, who sees patieats persbmUlr. Established 1A79. cuius in me snortest possioie time, without Injuri ous after-effects. Our charges will be as low as possible for conscien tious, skillful and successful service. Consult us before consenting to any -surgical procedure upon Important blood vessels and organs. SPECIAL HOME TREATMENT. If you cannot call, write us. Always Inclose ten 2-cent stamps for reply. OFFICE HOURS 8 A. M. to S P. M.r SUNDAYS, 10 to S ONLY. THE DR. KESSLER St. Louis Sand Dispensary Cer. Seceatf aarf Yamhill Streets, Portland, Or. PRAISE FOR PRESIDENT DEMOCRATIC MEMBER FROM JOSEPHINE CAPTURES HOUSE. Oregon Delegation Is Instructed to Back Roosevelt in the Railway Legislation Battle. SALEM. Or.. Jan. 13. (Special.) As a usual thing Representative "Bob" Smith, of Josephine, is turned down cold hy the House, out this morning every member shouted "aye" at the top of -his lungs tor him. The resolu tions committee reported favorably upon Sonnomun's resolution in regard to railway commission legislation. For the 12th time within an hour up rose Mr. Smith. He delivered a eulogy of President Roosevelt, declaring that If he succeeded in his plans regard ing the railway commissions and tho new legislation on the powers of the Interstate Commerce Commission he would be the greatest man who ever sat In the While House. This is a critical time In the North west." crted Mr. Smith. "We arc sur rounded on three sides' by 'Harriman and on the fourth side by the Pacific Ocean. This Legislature can redeem Itself for Its extravagance in clerk ships by aiding In auch legislation." Mr. Smltn then proposed the follow ing amendment to the Sonnoman res olution: "Also that the Oregon delegation In Congress be instructed to use all ef forts to enable, the President tb se cure the legislation he recommended in his message. "I hope tnat the honorable members will at least sustain me In this, ' pleaded Mr. Smith. Remembering the bouquet handed to the President, th honorable members tried to see who could shout "aye" the loudest. Mr. Smith looked grateful and subsided. At present the County Clerk of Lin coln County receives 51200 a year and paytj nls clerk from that sum. By the bill Introduced by Cooper of Lincoln and Pjlk, a deputjr is allowed, the stipulated salaty being 550 a month. i Resident of Alsea Bay and vicinity I presented two petitions to the House j asking -for an appropriation for a salmon hatchery on -Alsea River. The I petitioners recite that salmon fishing j I3 one of the principal Industries of mo region, anu mat as the one can nery last season packed 9500 cases of salmon beside.- shipping a quantity of fresh fish the salmon will be soon ex haustud. The petilionx go to the fish eries, committed. A request to the Legislature that step-j be taken to dastroy the horses and cattle of the Indians of the Uma tilla reservation afflicted with scab was presented to the House this morn lug In a memorializing petition. It is stated that the Indians' stock have spread the disease among the stock of the farmers In the vicinity. Ten hours a day is the limit placed upon work for women and girls in the bill Introduced by Welch, of Mult nomah, this afternoon. The bill applies to ull females employed in all mechan ical and mercantile establishments, in cluding factory hands. It Is expected that an amendment specifically naming: telephone central girls as included in the provisions of the bill will be offered when the bill appears for second reading.' Mrs. L, u. Gray having resigned as stenographer of the House eommittce on engrossed bills. Miss Mary Bell of Portland, has been appointed to 'the position. Edwards of Lane has come to be the recognized person for moving to dispens with reading the House journal overy morning: also for moving suspension of the rules for first and second reading of bills. Mr. Edwards was a member of the last Legislature. The bill In. the House to require pub lication of political campaign funds re ceived Its first body blow this morning, when it was reported back with an ad verse recommendation by the commute on elections, of which Klllingsworth of Multnomah is chairman. Its author. Smith of Josephine, expected to have to fight an effort to postpone the bill In definitely, but no such design developed. Smith served notice that ho will be on his feet, ready to exercise his voice, when the bill shall come up for third reading. A joint resolution asking Congress to call a National constitutional convention to provide for election of United States Senators by direct vote of the people was adopted by the House this morning, but failed In the Senate this afternoon by a vote of IS to 13. The resolution came from Smith of Josephine. That an insane woman, when taken in charge by the Sheriff, must be cared for by a woman and be accompanied to the asylum by a woman who is an employe of the institution, is the object - of a bill Introduced today by Newell of Wash ington. But In any case, the Sheriff is not to convey any patient to the asylum, man or woman, but must immediately no tify tho asylum. An attendant from the asylum will then be dispatched to take the patient to Salem. To extend the state bonding act for street and sewer improvements to incor porated towns of less than 2300 popula tion, the House today passed Representa tive Bingham's bill No. S7. Mr. Bingham explained that many towns desire the ad vantage of the ten-year Installment sys tem In bonding for such improvement1?. The vote was unanimous. Representative Mears of Multnomah went to Puget Sound yesterday and will t not return this week. Dispensary DISEASES OF MEN VARICOCELE, HYDROCELE NERVOUS DEBILITY BLOOD POISON, RUPTURE, KID NEY AND URINARY DISEASES and all diseases and weaknesses of men. due to In heritance, habits, excesses, or the result of specific diseases. Every man who Is afflicted owes it to himself and his posterity to get cured safely ana positively, without leaving any blight or weakness in his sys tem. We make no misleading statements or un businesslike propositions to the afflicted in order to secure their patronage. The many years of our suc cessful practice In Portland prove that our methods Of treatment are safe and certain. Call at our offices or write, and if we find that you cannot be cured we will NOT accept your money UNDER ANY CONDITIONS; and if we find you are curable we will guarantee a SAFE AND POSITIVE