MORNING OBEGONIAN; WEDNESDAY, JANUABY 25, 1905.
OREGON HOUSE PASSES STATE LIBRARY COMMISSION BILL
ADYIGETO LIBRARIES
House? Passes the -.Bill for a
State Commission.
LINTHICUH" ITS ADVOCATE
fcald Secretary Is to Supervise Work
of Traveling Collections of Books
and, Aid In.,OrganIzing Com
missioners Get Expenses
SALEM. Or., Jan. 24.-(Speclal.)-To
creat a State Library Commission and to
pay -It secretary $1300 a year and travel
ing expenses Is the object of a. bill passed
by' the House this morning by a vote of
33 to 22. Linthlcum (Rep.) of Multnomah.
Who introduoed the bill, led the fight for
its passage against an opposition headed
by Smith (Dem.) of Josephine. Two
members of the -committee, on education,
Settlemibr of Marion and Fawk of Polk,
who had approved the recommendation
lor passage voted "no."
Smith declared that the bill aimed to
create a needless office and to saddle on
the state another functionary of gov
ernment. The board 4s to be composed of the
Governor, the'' State Superintendent of
Public Instruction, the librarian of the
library 'Association of Portland, -the
president of the State University and one
other to be named by the Governor.
The commission is to "give advice to
all schools, free and other public libraries
and to all communities which shall pro
pose to establish them, as to the best
means of establishing and maintaining
such libraries, the selection of books,
cataloguing and other details of library
management. ... It may also pur
chase and operate traveling libraries and
curculate such traveling libraries. - - -free
of cost, except for transportation."
The secretary is to "superviso the work
of the traveling libraries, in organizing
new libraries and Improving those al
ready established." Members of the com-
mission are to be compensated only for
traveling expenses.
Unthlcum said that such a commission
was needed in systematizing library work
throughout the state. He averred that
experts were essential to the proper
buying and cataloguing of books for li
braries. Smith replied that other public func
tions needed advice at the expense of the
vtata no iv ell n thosn of libraries, and
declared that there was no demand for a
it. it- -. cnrMiA that fiiTwnsf on the com
monwealth for libraries. The bill carries
an appropriation of 52000 a year. lae
vote was:
Ay Messrs. Bailer, Bingham. Burgees,
Capron. Cole. Colwell, Cooper. Cranp, Dobbin.
TMimnf, fSraJinm Rrav firiffin Henderson.
Hermann. Holcomb. Hudson. Jayne, Kllllngs-
wnrti TTMiiAr Tjitth TJnttilMlTn Mflvcfif. Mc
Leod. Mile. Mulr. Sltz, Sonnemann, Smith
01 u&mer, eieiner, von acr neuen, tveica.
West 38.
Noes Messrs. Barnes, Blakley, Bramha.ll,
Burns of Clatsop. Burns of Coos and Curry.
Caldwell, Calvert, Cavender. Chamberlain,
Cornett. Ionnelly, Fawk. Flint, Huntley,
Jarkson, J agger, itay, junucers. ieweji,
BJchie. Settlemler, Shook, Smith of Josephine
23. "
Absent Carter. Mears. Vawter. Mills 1.
HOUSE PASSES 24 BILLS.
Library Commission Alone Encount
ers Any Opposition.
SAL.EM. Or., Jan. 24. (Special.) Of the
24 bills passed by the House today only
one encountered opposition that of Rep
resentative Linthlcum, of Multnomah, for
the creation of a State Library Commis
sion. Tho other bills were:
To provide for publication by the state of
law enacted by the people under tho Initia
tive. H. B. 8S, Chamberlain of Umatilla.
To regulate labeling of blasting powder and
to prohibit sale of dangerous grades. H. B.
13, Smith of Baker.
To reimburse common school fund In sum
of $20,065 for money loaned State Agricultural
Society. H. B, 119, Graham of Marlon.
To incorporate Dayton. Tamhlll County.
IL B. 214. Caldwell of Tamhlll.
To .give plaintiffs In judicial process priv
ilege of naming newspaper In which publica
tion of such process shall be made. H. B. 82,
Mnlr of Multnomah.
To protept mill employes from dangerous ma
chinery. H. B. 21. Cooper of Polk.
.To allow 1000 each -to Susan E. Jones. Edna
Tiffany and Sylvia H. Ferrell, -widows of peni
tentiary guards killed In escape' of Tracy and
Merrill. H. B. 120. Graham of Marlon.
To- prohibit driving and frightening of sal
mon; from protected waters. H. B. 43, Burns
of Clatsop.
To make the taking of depositions the same
In suits of equity as In suits -of law. H. B. 20,
Smith of Josephine.
To extend ' time of filing liens by original
contractors and material men from 30 days to
IK). H. B. 127, Griffin of Lane,
To Increase terms of Circuit Court In Mult
nomah to 12 a year. H. B. S3, Craig of Mult
nomah. To amend law as to proving of judicial rec
ords from foreign countries. H. B. 63, Mulr
Of Multnomah.
To abolish fish bounty fund. H. B. 70, May
ger of Columbia.
To provide uniform eighth grade examina
tions. H. B. Si. McLeod of Union.
To amend school laws so as to authorize
teachers' Institutes In various parts of coun
ties: to require echool clerks to announce va
cancies In school boards and boards to elect
successors: to exempt teachers In music, lan
guages and other special branches from gen
eral examination requirements; to reduce num
ber of voters needed to sign petition of certain
school districts from ten to five, and to provide
for transportation of pupils from one district
to another. H. B. 60. Comett of Linn.
To prohibit sale of and fishing with hooks
smaller than 00 size In Columbia County.
II. B. 107, Mayger of Columbia.
To. incorporate Myrtle Point. Coos County.
H. B. 11, Hermann of Coos.
To provide $SO,000 for expenses of legislative
session and to appropriate $S3.000 for claims
and deficiencies. H. B. 174. Vawter of Jackson.
To amend charter of Klamath Falls. H. B.
57. Shook of Klamath.
To require tax levies to be made In even
mills or tenths of mills. H. B. 17tf. Holcomb
of Multnomah and Clackamas. '
To create Eighth Judicial District (Baker
County), and to rrovlde for appointment of
Circuit Judge by Governor. H. B. 151, Mc
Leod of Union.
To create Tenth Judicial District (Union and
"Wallowa), and to provide for appointment of
Prosecuting Attorney by Governor. H. B. 153.
McLod of Union.
Te authorize tax levies to be filed by school
diftriots in Grant. Clatsop and Deuglas Coun
ties by February 1 this year. S. B. 57, Lax
cook. BILLS INTRODUCED IN SENATE
Short Session Is Held snd Adjourn
ment Taken Until Today.
SALEM. Or.. Jan. 24. (Special.) The
Senate was called to order at 10 A. M.,
by President Kuykcndull.
S. B. 50, by Pierce To provide that
injured persons may bring actions for
damages against the persons or cor
porations who are liable for the injury
and also against any Insurance com
pany that may have Indemnified said
person or corporation against loss,
was indefinitely postponed.
Bills were Introduced In tho Senate
today as follows: J
S. B. 157, by Coshow (by requeit) To regu- j
late the use of water.
S. B. 158, by Nottingham To provide for an
Indeterminate sentence of criminals.
S. B. 159. by Bowennan To amend the law
regarding judgments and decrees.
S. B. 160. by Pierce To organize the Fourth
District Fair Association.
The Senate hold only a very short
session today, adjourning at 11:15 until
tomorrow at 10. Besides disposing of
all the Senate business on hand, the
Senate , received a few House bills and
referred others from that branch to
the various committees. The Senators
jpent the afternoon on committee
Crolsan's bill to protect
lawyers in their right to address juries
was today reported favorably by the
Senate judiciary committee. The bill
is to amend section 132 of the code. The
law at present provides that the argu
ments of counsel shall not exceed two
hours on a side.
The Crolsan bill provides that the
court shall not limit arguments to less
than two .hours on a side
An emergency clause was stricken
otj.t of Senator Tuttle's bill to increase
the salaries of officers of Clatsop Coun
ty today by the committee on fisheries,
of which Senator Tuttle is chairman.
Sinco the Governor announced his
emergency-clause policy there has been
a great deal of caution in tacking on
these appendages. Tuttle's bill was re
ported favorably as amended.
Crolsan's hop-tare hill has been re
ported favorably with amendments
which make the bill read as follows:
"Five yards of baling cloth is tho
maximum quantity to bo used in mak
ing the bale, and the standard weight
of each yard of baling cloth Is hereby
fixed at 24 ounces.
"Any vendor of hops using heavier
sacking than that specified in this sec
tion, or using any extraneous matter
in the baling thereof shall have the
same deducted as additional tare"
Senator Coe's bill to raise tho age
of consent from IS years to 18 years
did not come up today, as expected. It
had been made a special order for 11
o'clock, but Senator Coe was absent.
and It was continued until the same
hour tomorrow.
A bill for an Irrigation law has been
Introduced by Senator Coshow, by re
quest. Tha bill declares the use of
water to be a public uso and prescribes
the manner of making appropriations
of water. The unit of measure for
running water is fixed at one cubic foot
per second of time, representing 40
cubic inches of water, miners' measure
ment, under a six-Inch pressure.
The amount of water necessary for
irrigation Is fixed at one cubic foot per
second for each 80 acres of land.
Water appropriated must be put to
'actual use within a. reasonable time.
not exceeding three years.
Senator Nottingham's bill for an In
determinate sentence' law gives a Cir
cuit Judge power to sentence a con
victed man for an Indefinite tlmo and
authorizes the Governor to parole such
prisoner during good behavior.
A Fourth District Fair Association,
composed of Baker, Grant, Malheur and
Harney Counties is to be created if
Senator Pierce's Senate bill 160 be
comes a law. The bill provides for the
re-establishment of the First District,
so as to make It Include only Union
and Wallowa Counties. The Fourth
District Fair Association Is to be gov
erned by a board of five commissioners.
to be appointed by the County Courts,
two from Baker and one each, from
Harney. Malheur and Grant.
The bill carries an appropriation of
$1500 for caci of the districts and $250
each for printing.
Senator Bowerman has introduced a
bill to amend section 647 of the code so
as to permit litigants to appeal from
an order granting a new trial. At
present no such appeal lies, and tho
person Injured by tha order has no
redress.
The Senate ways and means com
mittee today reported favorably on the
bill appropriating $5000 for the pur
chase of apparatus for a timber and
stone testing station at the University
of Oregon, the United States to main
tain an expert there to conduct the
tests.
NO DEMAND FOR MINING BUREAU
Measure Is Not Likely to Be Passed
at Salem.
SALEM, Or., Jan, 2L (Special.) Half a
dozen bills have Been Introduced at this
session for the creation of a mining bu
reau, but it Is doubtful whether any of
them will become laws. In a general way
these bills were discussed by the House
mining committee tonight, but no partic
ular measure taken under consideration.
"As a matter of fact,' eald a member
after the meeting "there is no general de
mand for a mining bureau. The miners
the men who are operating mines are
not asking for It. The demand comes
principally from men who are looking for
positions in the bureau or who perhaps
have some personal end to serve. Borne
mining men are afraid of such a law.
because It might give the director of the
bureau Inquisitorial powers which could
be used to their detriment.
"There Is some agitation among mining
publications for creation of a bureau, and
some desire that a. good mining exhibit
be maintained In Portland. But I have
not heard from any part of the state any
general demand for the creation of
mining bureau such as some of the bills
propose."
READY TO HEAR PROTESTS.
Committee on Railroads Will Listen to
Objections to Gross Earnings' Tax.
SALEM, Or., Jan. 24. (Special.)
Committees on railroads were to hear
protests today from representatives of
telephone, telegraph and express com
panies against Sonnemann's bill for 1
per cent tax on gross earnings of such
companies, but the representatives fall
ed to appear, and the conference will
probably be held tomorrow.
The gambling felony bill In the
House has .not yet been acted on by
the commmee on cities and towns nor
the bill to suppress bucketshops.
The House committee on water pow
ers will confer with Professor E. H.
McAllster. of the L"nlverslty of Oregon,
tomorrow and Invites any person who
has Ideas on conservation of energy
in streams for light, heat and power to
bring them forward. The committee
is composed of KIHIngsworth. Colwell,
Hermann, Richie and Smith of Jose
phine.
Hunters Will Be Licensed.
SALEM. Or.. Jan. ZL (Special.)-The
game committees of the two houses are
laboring slowly with many bills and have
yet made but little progress. Today the
House committee delegated to Mulr, of
Multnomah, and Chamberlain, of Uma
tilla, the task of drafting a complete bill
covering the whole ground.
The committees have practically agreed
to recommend an annual hunters license
of 5L to prohibit sale of all kinds of game.
to cut down the number of ducks allowed
to each hunter to 25 a day or 50 a week.
and of upland birds to perhaps ten a day.
The matter of closed seasons is yet to be
decided.
TINKERING THE CHARTER
MULTNOMAH DELEGATION AP
PROVES SOME CHANGES.
Penalty on Street and Sewer Assess
ments Three Months Delinquent
Strip of No Man's Land.
SALEM. Or.. Jan. :4.SteciaL Sev
eral amendments to the Portland charter
were approved today by a special com
mittee of the Multnomah delegation, and
will be recommended' for passage to the
delegation. The committee is composed
of Representatives Mills and Mears and
Senator Malarkey. The amendments In
clude those recommended by the old
charter board some time ago, and one
to impose 15 per cent penalty on street
and sewer assessments three months de
linquent. This amendment comes from
contractors who have been put to loss by
negligence of property-owners in paying
assessments. The only penalty now Is a-
6 per cent interest charge, which Is not a
sufficient deterrent to delinquency.
An amendment which has not yet been
finally passed on is one to Include In
municipal limits a narrow strip qf land
between Portland and St. Johns This
strip being without police authority of
either municipality Is believed to be In
need of annexation to one municipality
or the other. Francis I. McXenna. of
Portland, Is here advocating annexation
of the strip to Portland.
Amendments proposed by the Charter
Board are to lessen the cost of adver
tising street and sewer assessments, to
enable the Council to grant rights to
street-car companies for connecting
tracks and short extensions without ap
plication of the general franchise pro
visions of the charter; to notify property-
owners by postal card when the Council
resolves on an improvement.
The committee will recommend that the
salary of the clerk of the Municipal Court
be raised from $75 to $100 a month, and
that all amendments be submitted to the
people for ratification.
Colweus bill for the special levy of 2
mills on tho entire city for bridges will
be considered by the entire delegation.
RAILROAD BILL WEDNESDAY.
Made Special Order for Two O'clock
in the Senate.
SALEM. Or., Jan. 24. (Special.) "I re
sent the assertion that my purpose
is to kill this bllL No Senator has a right
to stand here and question the motives of
another Senator when he asks that a bill
be referred to a committee to which it
properly belongs." These were the words
of Senator Hodson. of Multnomah County,
this morning, when Senator Malarkey op
posed his motion to refer Senate BUI No.
GO to the railroad committee, of which
Hodson is a member. The measure re
ferred to is the railroad bill which occu
pied the attention of the Senate committee
on revision of laws until a late hour last
night, and upon which that committee
had been unable to agree.
The purpose of the bill Is to limit the
hours of labor of railroad employes. The
committee reported the bill this morning
without recommendation, and Chairman
Malarkey announced that two of the
members, Malarkey and CoBhow, were in
favor of the passage of the bill, and two,
Rand and Bowennan, against it. Sen
ator Mays, who is the fifth member of
the committee. Is absent. As soon as the
report had been made, Malarkey asked
that the bill be made a special order for
2 o'clock Wednesday. Hodson was at
once on his feet.
"Mr. President." he exclaimed. "I have
always Insisted that bills should be re
ferred to committees to which they prop
erly belong. This bill affects railroads,
and should have gone to the railroads
committee. On the contrary, it was sent
to the committee on revision of laws, and
that committee Is unable to agree. I
think this Senate Is entitled to a report
one way or another on that bill, and I
move that it be referred to the commit
tee on railroads."
"That is a move to kill the bill without
its getting a hearing on its merits," as
serted Malarkey. "This bill has been
fully considered by the committee on re
vision of laws. "We sat up unUl midnight
last night listening to the arguments for
and against the measure, and our report
shows that we gave the matter due con
sideration. I ask that this bill be made
a special order, so that we may all know
when it is to be acted upon, and It may
then receive proper attention from the en
tire Senate."
The motion to refer to the railroad com
mittee was defeated by a large majority,
and the bill will be the subject of discus
slon in the open Senate at 2 o'clock to
morrow afternoon.
IRRIGATION CODE. IS DIFFICULT
Many Objections Filed to Measure
Prepared by State Commission.
SALEM, Or.. Jan. 24.-(Speclal.)-Tbe
proposed new Irrigation code drafted by
. . . t rvimTTilKBlon. Is riving
the irrigation committee of the House a
great deal or irouDie w-
? . ... . i oro in consideration
neaaway naa u
of the measure. The committee did
practically nothing toaay ana
.niwonnro nf J. T. Wh 18 tier
ins w' ,
irrigation experts, and T. G. Halley, of
the same town, secretary of the com
mission. Henry Ankeny, a member of
the commission, is nere.
mi t.i..(inno t thA hill are numerous.
One is that the measure confers on the
State Engineer duties impossible of per
formance and that it makes him a virtual
dictator. Riparian owners and possessors
of water rights, are raising strenuous1 pro-
. .1 .I.m. mltilnff fntATQt flrA mm.
lesia iuiu jjuuci ...... -
plaining that the bill would paralyze
their Industry,
Complaints are directed against the pro
vision that water rights not .already ap
propriated by Individuals shall belong to
. . . . . ..... t 1 .V.ll Wi.
tne state ana mat luuumuan auau uo.g
tne rigm 01 eminent huumuu m uic wu
demnation of water rights.
ADVANCE PRINTING OF BILLS.
Measure Indefinitely Postponed In the
House With Two Others.
SALEM. Or., Jan. 24. (Special.) Three
bills were indefinitely postponed In the
House this morning as follows:
To permit Legislators to have proposed
bills printed by the state before the meet
ing of the Legislature H. B. 3S, by Smith,
of Josephine.
To establish a Commission to promote
uniformity of legislation in the United
States on marriage, divorce. Insolvency,
execution of wills and other matters H.
B. 64, by Mulr, of Multnomah.
To require the same qualifications of at
torneys before probate courts as before
the Supreme Court H. li. 100, by vawter,
of Jackson.
Smith made a fight against the indefi
nite postponement of his bill, but Vawter
and Mulr accepted the "verdict of the com
mittees which had reported adversely on
their measures. Smith argued that the
publication of bills before the meeting of
the Legislature would promote the gen
eral enlightenment of the state on mat
ters of legislation, save printing bills by
reducing the number of measures on the
same 'Subject and save bills from uncon
stitutional defects in enacting clauses.
He was opposed by LJnthicum. who
talked even louder than Smith, and with
quite as many gestures. Linthlcum de
clared that the bill. If enacted, would cre-
ate extravagance in printing unnecessary
measures, would flood the Legislature
with them and fall to bring out measures
before the Legislature which the public
wished to see most. Vawter. of Jackson,
took the same view as did Unthlcum.
adding that tho enactment of laws by
the people under the initiative made
Smith's bill unnecessary, because the peo
ple have legislative powers outside the
Legislature.
The bills passed by the House to-day
to prohibit the frightening of salmon from
places where they are protected against
fishermen by law alms to stop the prac
tice of driving salmon of protected
waters, as below fish ways and dams into
nets and other gear.
Cooper's bill, which passed the House
today, to protect mill employes from dan
gerous machinery, provides that mechan
ical contrivances shall be installed by em
ployers on all such machinery, that ex
haust fans shall be provided for carrying
off dangerous dust and that flywheels and
elevators shall be enclosed so as to pre
vent accident.
SALE ON INSTALLMENTS.
Joint Judiciary Committee' Will Re
port Against Recording.
SALEM, Or., Jan. 21. (Special.) By
unanimous vote tonight the Joint
juliclary committee decided to report ad
versely the bills Introduced In the two
houses of the Legislature requiring that
conditional sale3 of personal property be
recorded. The loud protest that has
come from every section of the state and
the showing that was made tonight be
fore the committee, led to this conclu
sion. Senator Malarkey, who introduced tha
bill in the Senate, and who was a mem
ber of the committee, readily acquiesced
in tne decision after hearing the argu
ments, against the bill. The absence of
a general demand or necessity for a law
such as that proposed Is the chief reason
for the adverse report. That the bill
has meritorious features was conceded.
but it was apparent from the broad view
of all phases of the measure, that It would
do more harm than good.
Extensive dealers In articles that are
sold on the installment, presented figures
ahowing that the percentage of loss by
reason of sales to Innocent purchasers la
Dut one-half of 1 per cent. Since this
percentage of loss Is so small and the
enactment of a law requiring that condi
tional sales shall be recorded would al
most prohibit the sale of personal pron-
erty on the installment plan. It was de
cided that the good to be accomplished
wouja not compensate for the Injury that
would oe sustained to mercantile Inter
ests.
A number of Portland men protested be-
lore tne committee, including H. H.
isortnrup. E. iL Brannick. Hennr Jen
nlngs, William Gadsby and Frank F.
.tTeeman.
EDDY LAW A REVENUE MEASURE
Bills to Amend May Be 8ent to That
Committee at Salem.
SALEM. Or.. Jan. 24. (Special.) The
diiis to amend tne Eddy corporation
tax law so as to exempt mining compa
nies Drobablv will be rimnrtiri fa vnr.
ably by the committees now having
mem in cnarge. Tries e bills were re
ferred to the mining committees, which
are composed principally of men who
are personally interested in mlnfner.
If, however, movements now on foot
snouia prevail, mining committees will
not have the last saw on thn hlllst mn.
tioned. The Eddy law originated in
the committee on assessment and tax
ation and Js a revenue measure. For
mis reason. It- is Intended .that bills to
amend that law should goJto the same
committee.
Effort will be made to have these
diiis rererred to the committee on as
sessment and taxation or to the com
mittee on revision of laws. While
these bills were Introducer! In tho in
terest of mining companies, they relate
not atone to mining but more to tax a
tlOn. The bills OrODOSn to AT-emnr nn
profitable minincr Pnrnnrntlnnn nnn nf
them from both organization tax and
annuat license ree and another from
only tne annual license fee.
VETERANS' BILL IN FAVOR.
Amendment Adopted to Provide for
Widows, Children or Parents.
SALEM. Or.. Jan. 24. fKneriiVr Th.
Indian War veterans' bill iras rAnnrto.4
favorably today, with an amendment
wmcu meets tne ODjectlons which
Were made to the mensure ns ni-to-ln-
ally Introduced. The bill appropriates
$45,000 with which to pay the remain
der of the claims of veterans of the
Indian Wars of 1655 and 1856. The
amendment adopted provides that In
case anr veteran has rMp.i inro v. i
claim was allowed, the money shall be
paia to nis wire, cniiaren, father or
mother. In the order named. Tne
amendment also provides that If there
be no wife, children, father or mother,
the money shall be paid to his estate.
It is understood that this latter pro
vision Is not entirely satisfactory for
the reason that the appropriation Is
considered a personal matter between
the state and the veterann nn'.i thnt tVi
money should not be nermitteri tn o-n
to persons to whom the state la under
no obligations whatever.
The bill also carries an emergency
clause, a fact that the friends of the
om may nave cause to regret, for th
Governor may veto It for that reason
HUME MAY LOSE A MONOPOLY
Fisheries Committees Seems Favor
able to Repeal of Special Law.
SALEM. Or.. Jan. 24. (SoeclaM Er
Representative Hume's so-called salmon
monopoly of the Rogue River was the
suoject of a long debate before the House
fisheries committee tonight. As several
points of law have been raised, a report
was ceierreu. it is new by some mem
bers of the committee that the act which
confers the exclusive fishing privilege on
Hume Is unconstitutional. No matter
what the majority report is. one mem
ber declares he will present a report call
ing for repeal. .
J. Couch Flanders, of Portland, argued
liume s side, and Representative 'Burn?,
of Coos, not a member of the committee,
told of the effect of the riparian rights
law, by which Hume, owning the tide
lands on either side of a navigable river.
controls the salmon business to the ex
clusion of others, and argued against the
legality and equity of the law which con
fers on .Hume his monopoly.
The bill now before the House would
repeal that law. It Is Introduced by
Bums, of Coos and Curry, and a major
ity of the committee seem to favor Its
passage. Prospect of a favorable recom
mendation Is considered good.
Notice of Work on Mine Claim.
SALEM. Or.. Jan. 24. (SpecIaL) The
House committee on mining tonight
decided to report favorably on the bill
by Smith of Baker requiring that Im
mediately after completing the annual
work required by law, the owner of a
claim must post notice of the character
of the Improvements, and the time per
formed, and file In the office of the Coun
ty Clerk an affidavit showing these facts.
which record shall be received In all
courts as prima-facic evidence that the
work has been performed.
This bill also amends the present law as
tn wrmlt ft malorltv of rl!rftrrj nf t
mining coap&ny to reside outside of the I
state, ' 1
TAX UPON LIVESTOC
COUNTIES TO RECEIVE BENEFIT
FROM PASTURAGE.
Southern Oregon Measure Provides
for Revenue to Be Obtained From
Migratory Herds.
SALEM, On, Jan. 54. (SpecIaL)
That counties may tax livestock In
proportion to the time It is pastured
wltnln their limits is the object of a
bill Introduced by Representative Dob
bin, of Wallowa. The bill has been In
Incubation since the session began and
various members of the Eastern Ore
gon delegation have turned their hand
to it.
Livestock shall be assessed at the
usual time and taxes shall be collected
In the usual way. When the animals
are driven to another county taxes
shall be collected on them by the
Stock Inspector or Assessor of that:
county for the time they are to spend
In its limits. The proceeds shall go
into a migratory stock fund. When the
animals return to the original county
the owner is to be compensated out of
the migratory fund of his own county
for the sum paid by him in the same
fund of other counties.
Among the faces seen In the lobby to
day were those of George W. Hazen. F. S.
Stanley. W. D. Fenton. L. R. Fields and
W. W. Cotton, .of Portland, who are look
ing after railroad legislation; J. M.
Keene. of Medford; I. A. McNary, City
Attorney, of Portland; William Hanley, of
Burns; H. G. Van Dusen. Fish Warden;
B. F. Jones, of Toledo, Lincoln County,
ex-Representative; Henry E. McGinn, of
Portland. ex-State Senator: T. C. Devlin,
City Auditor, of Portland; W. C. Francis,
of Portland: Richard Scott, of Mllwaukle;
P. S. Noyer, of Grant County.
One Senate bill passed the House today,
to extend time for filing school district
tax levies In Grant, Clatsop and Douglas
counties from January 1 to February L
F. X. Matthleu, sole survivor of the
Champoeg Convention of May, 2, 1843,
was honored by the House today by being
invited within the bar. Kay, of Marion,
who moved that the courtesies of the
House be extended, was appointed by
Speaker Mills to escort Mr. Matthleu. As
the honored pioneer came Inside the mem
bers rose from their seats.
Speaker Mills was excused from duty
this afternoon; and will not return to Sa
lem until Wednesday evening. Business
affairs have called him to Portland. When
he left this afternoon he called Bailey to
the chair.
Smith, of Josephine, the pepperbox of
the House, enlivened the afternoon ses
sion by interpolating a concurrent reso
lution calling for the appointment of a
Joint committee from the House and Sen
ate to investigate the reasons for the un
usual number of railroad passes being
distributed among the members of the
House. The committee is to have power
to summon witnesses and hear evidence.
The resolution was referred to the reso
lutions committee, of which Kay, of Ma
rlon, is chairman.
To prohibit fishing with a smaller hook
than OO size in Columbia County Is the
purpose of the House Bill of Mavger.
passed this afternoon. Mayger states
that its passage would protect trout and
salmon. Cornett, of Linn, asked .that
each member be furnished with a sample
hook. Mears. of Multnomah, said that
the bill would prevent much flyflahlng in
loiumDia county, as large fish were com
monly caught with small hooks. The
bill passed the House with 40 ayes to 14
nays.
Uniform eighth-grade examinations
in the DUbllc schools nf the ntntn u
the purpose of the bill introduced by
Jdcieod of Union which passed the
House this afternoon. The Superln
tendent nf Public Instruction in tn nre
pare the examination questions which
are to be sent to the directors of the
various districts. Teachers of Union
County started the movement and
prominent educators of the state took
it up with the result that the vote In
tne House was unanimous for the pass
age of the bill.
That no new bills shall he int
duced In the House in the last ten
llftVB f tllA Dnorfnn nrtA nn . l I 1
in the last five days except by consent
Of tWO-thlrds Of the members -urns re
solved by the House this morning. To
ename tne uouse to take up Senate
bills, the rules were amended so as to
require tne speaKer to take up the
next order of business after the one
which was left the day before.
Judgment debtors are now exempted
from execution to the extent of $75 a
month of their earnings, but a bill In
troduced by Cornett makes liable to
attachment, execution or garnishment,
10 per cent of the $75 that has hitherto
been exempt.
To provide a more efficient method
for collecting poll taxes Burns of Coos
has reintroduced a bill to require em
ployes to furnish Assessors- with lists
of persons in their employ who are
liable to the tax, "and upon being re
quired to do so, shall deduct said poll
tax out of any wages due said employe,
and shall on demand forthwith pay the
same to the Assessor or Sheriff."
A similar bill was introduced by
Burns early In the session and was In
definitely postponed.
To transfer the balance of the swamp
land fund, $4,893.33, to the general
fund, and to appropriate $52,571.37 from
the general fund for payment of war
rants outstanding against the swamp
land fund, Mayger of Columbia
has introduced a bill In the House.
The preamble cites that there Is no
prospect that future sales of swamp
land will bring In sufficient money to
redeem the warrants. The warrants
outstanding amount to $44,71G.64.
A bill Introduced by Representative
Stelner of Lake would make It unlawful
for anyone except an owner to drive live
stock from the county In which the ani
mals were raised or kept for six months
preceding to another county unless he has
in his possession a bill of sale describing
the stock in detail, or other evidence of
ownership. Justice courts are given Jur
isdiction. The fine named for violation is
$15 to $150.
That newspapers may thrive and the
public be Informed, Representative Cor
nett of Linn has introduced a bill provid
ing for publication of assessment rolls and
of general laws and resolutions of tho
Legislature,
APPROPRIATION DECIDED UPON
Little Change in Administration De
partment From Last Year.
SALEM. Or.. Jan. 24. (Special.) The
ways and means committees of the two
houses In joint meeting tonight decided to
bring in an appropriation bill for main
tenance of the administrative executive.
Judicial and educational departments of
the state, carrying practically the same
sums as two years ago. when the total
amounted to $405,000. The State Treasurer
will be allowed $750 more a year for cler
ical assistance, and the Attorney-General
an assistant at $1200 a year.
Today the House committee recom
mended an appropriation of $46,000 for the
payment of claims of the Indian War
Volunteers of 1E55-6, and of $7000 for buy
ing housing and machinery for the plant
at the University of Oregon for testing
building materials.
The committees have not yet passed on
the Normal School appropriations,, nor on
the $12,500 , asked for by the Oregon His
torical Society.
SLIGHT BAR TO MATRIMONY.
Marriage License Fee Will Remain at
Old Figures.
SALEM, On. Jan. 24. (SpecIaL) The $5
marriage license fee oprapg up again In
the House this morning as a subject o.
debate. The House yesterday refused
to pass a bill to raise the price from $3
to $3. Bright and early this morning
Mears of Multnomah moved to recon
sider. When the Speaker put the mo
tion a loud "aye" emanated from the
throats of the high-license gentlemen and
an equally loud "no" from the contrary
minded. Speaker Mills hesitated a mo
ment and then announced: "The noes
have It; the bill will not be reconsidered."
Those who spoke for the $5 fee were
Mears, Linthlcum and Hudson of Mult
nomah, and those against, Kay of Marion,
Smith of Josephine. Kuney of Sherman
and Cornett of X.lnn.
This disposes of the high license fee
at this session.
Mears said the bill, If passed, would
make a total revenue of $20,000 a year.
Linthlcum called the bill a good revenue
measure and marriage licenses a legiti
mate! source of revenue. He pointed out
that the dog license was $3 and ' that
bridegrooms out to be willing to pay $2
more for a wife than for a dog. Kay
replied by declaring the charge would be
burdensome and excessive. v
Kuney remarked that it might keep
some man with only $3 from getting mar
ried, and, therefore, he didn't . favor
Keeping him out of matrimony for $2.
Comett remarked that if he had had to
pay such a price for a license he would
have had to borrow from the preacher.
RIGHTS- OF THE RAILROADS.
Discussion Held Before the House
Committee on Mining.
SALEM. Or.. Jan. 24. (Special.)
whether the state should try to compel
railroad corporations to sell their lands
within ten years and forbid them to en
gage In mining or reserve mining priv
ileges when they sell their lands was the
question before the House committee on
mining tonight. Representative Smith,
of Josephine, argued for his bills on these
subjects, basing his contention largely
upon the theory of the old common law
of mortmain. The bills are aimed at the
Southern Pacific In Josephine County.
Smith contended that corporations
should be permitted to own no lands ex
cept those actually used for the purposes
for which the Incorporation was organ
ized. The lands are for the use of the
people, he asserted, and corporations
should not be permitted to withhold them.
He opposed the practice of railroad com
panies In selling lands with mineral res
ervations.
W. D. Fenton, attorney for the South
ern Pacific Company, replied that corpor
ations should be permitted to. own land
and make contracts the same as individ
uals, and If In the sale of- land It Is agreed
between the company and the purchaser
that the former shall retain title to any
coal or Iron therein, such 'an agreement
should be recognized by law as valid.
The committee took no final action on
the "bills.
COUNTY OF LEWIS AND CLARK
Northern Half of Grant and Portion
of Baker to Be Included.
SALEM, Or.. Jan. 24. (Special.) Tha
creation of a iewis ana jiaric county is
TiPTc- nrnnosal before the Legislature.
The new county is to be the northern half
of Grant, except a narrow strip aloag the
eastern side, and make Jong reeK tne
county seat. The Intention Is to eventually
tnV in a atrin of Baker also.
The House counties committee held a
long session early this morning and heard
t)u loot nt the witnesses In the Jefferson
Cascade counties case. The leaders of The
Dalles anti-Cascade delegation were Coua
Tnritm a. T5 Take. Judsre G. C. Blakely
and J. L. Kelly. A meeting will be held
tomorrow morning and a report will prob
nhlv he held later in the day.
V rfoHsinn hjs vet been reached by
the committee and the members aba split
thus far. Apparently eacn county nas
about an equal chance of creation, but no
matter what the report there Is sure to be
o mrm rietmta on the floor of the House.
The Hot Lake County bill has not yet
been considered.
DEFINE BOX OF HOPS.
Bill Prepared by Winstanley to Fix
Weight at Fifty Pounds.
SALEM. Or., Jan. 24. (SpecIaL)
Manager- James Winstanley, of the
Oregon Hopgrowers Association, nas
prepared a bill for an act fixing the
weight of a box of hops at-50 pounds.
Mr. Winstanley says this will settle
all disputes over hoppicklng by weight
or measure, for if the weight of hops
Is fixed by law, as Is the weight of a
bushel of oats or wheat, every grower
and picker, wlllkoow Just what con
stitutes a box. v. .
Two Favorable Reports.
ratrat. fT-. Jan- 24. fSoecIal.) The
Senate committee on assessment and tax
ation will tomorrow report favorably on
two bills. One Is Miller's bill repealing
the laws for the maintenance of health
nfrixora Aatnrla Tnnulnn Gardiner and
Marshfleld. where the United States will
establish quarantine stations. ine otner
Is Booth's bill for the protection of hotel-
keepers and against deaaneats.
LAW FOR KILLING DEER.
Meat Not Good After November, Says
Eugene Sportsmen.
EUGENE. Or., Jan. 24. (Special.) A
copy of Senate Bill No. 29 has been re
ceived by some of the local sportsmen.
and they express their disapproval ot tne
bill in very emphatic terms. The bill Is
for an amendment to the present game
law. so as to make the open season for
killing deer extend to December l, instead
of closing November 1, as at present.
Hunters here all contend that during
the month of November, more than any
other time, deer hunting should be pro
hlblted. because the rutting season is al
ways about that time, and the deer are
very easy prey and the meat Is not good
If killed. Of course, those who know may
kill deer In November and it may not be
spoiled, because the rutting may be late
or early In the month, according to the
phases of the moon, but it is a certainty
that at the time of the November full
moon the deer need protection.
Members from this county have been
asked to use their Influence to defeat the
bill mentioned or secure an amend
ment to it.
Old Soldier Dies of Exposure,
OREGON CITY. Or., Jan. 24. Special.)
John H. Taylor, an old soldier, aged
about 70 years, died at the home of H. E.
Cross at Gladstone last night. The de
ceased was found seeking shelter under a
tree during, a severe storm about two
weeks azo. He was dangerously ill and
was cared for at Mr. Cross residence un
Ul his death.
There were papers on the man showing
that he was an old soldier who served In
tne late war as corpora l. a sister in
Pennsylvania has been notified, but no
worn nas Deen received
PIERCE'S PLEA VAIN
Senate Defeats Bill for Pro
tection of Employes
AUTHOR EXPLAINS POSITION
Corporations Carrying Insurance
Against Loss by Injuries to Men in
Their Pay Are Likely to
Become Careless.
SALEM, Jan. 24. (Special.) By a vote
of 19 to 9, the Senate today defeated Sena
tor Pierce's bill giving injured employes
tne right to bring actions for damages
against both the corporation responsible
ror tne injury and an Insurance company
Indemnifying the corporation against loss.
This was a bill the passage of which wa3
urgently recommended by the Governor In
nis biennial message to the Legislature.
The bill was reported without recom
mendation by the Judiciary committee, al-
tnough a majority of the committee fa
vored Its passage. Those wishing to make
a favorable report were Senators Malar
key, Brownell and Pierce, while Rand
and Coke were opposed to It. When the
bill was reported last week without rec
ommendation It was announced how the
Judiciary committee stood, and In order
that tho question might be Investigated
by the members of the Senate, It wa3
made a special order for this morning at
10 o'clock.
An attempt Indefinitely to postpone the
bill without taking a vote upon the final
passage resulted in a misunderstanding
which for a time threatened to sever the
friendly relations which have existed be
tween Senators Rand and Pierce. As soon
as the bill had been read Senator Rand
moved that further consideration be in
definitely postponed. As the president Ttfas
putting the motion. Pierce rose to his feet.
but did not address the chair. The vote
was taken and the result announced be
fore Pierce secured recognition.
Wnlte with rage, the Senator from Uma
tilla and Union sank Into his chair, and
when approached by friends refused to
listen to their explanations. Finally Sen
ator Rand went to the irate father of the
bill that had been so summarily disposed
of, and after a long conference. In which
Pierce used language that was. forceful.
If not elegant. It was arranged that the
motion should be reconsidered. This was
done without objection. Rand explaining1
that there had been no desire to shut oft
debate.
"For the first time during my servica
as a member of this body' said Pierce,
"my feelings have been hurt by the treat
ment I have received, from other members
of the Senate. However, the wrong has
been righted, and we will let that pass.
"I believe that thl3 measure Is a good
one, and I am willing to have my position
made known. It Is the practice of cor
porations employing many men to tak
Insurance against loss by reason of in
juries suffered by their employes. Hav
ing insured themselves, the employers arff
in no danger of loss, and they becoma
careless in the management of machin
ery and In providing protection to work
men. When an accident occurs the em
ploying corporation Is often 'willing fo set
tle with the Injured person by paying a
reasonable amount of damages, but the
insurance company employs attorneys by
the year and always '"compels the cor
poration to fight the damage suits In the
courts.
"The real party In Interest, and the.
party that conducts the defense, Is tha
insurance company, yet the injured man
must sue the employer alone. Were it
not for this practice of Insuring in this
manner employers would be more careful
and would settle with Injured persons".
The passage of this bill would accom
plish tha desired result because the In
jured person could make the insurance
company a party defendant. As it Is now,
a poor man who is injured knows that he
must go through the courts in order to
get justice, and must flsht an insurance
company at a disadvantage, and he fre
quently abandons his- case rather than,
take -the chances of such litigation."
As soon as Pierce had finished, the mo
tion to Indefinitely postpone was renewed,
and without any further debate the mo
tion was carried with the following vote:
Aye Booth, Bowennan, Carter, Coke. Crol
ean, Farrar, Haines, Hobson. Hodson, Hol
man. Howe. Laycock, XoUghary, Nottingham.
Rand. Slchel, Tuttle. "Wright. President
Kuykendall 13.
Noes Avery. Brownell, Coshow, Malarkey,
McDonald. Miller, Pierce. Smith. "WhealSon 9.
Old Man Hangs Himself.
CHELAN, Wash.. Jan. 24. Peter John
son was found hanging to the rafters In
the barn on his ranch, 15 miles northwest
of town yesterday. He was about 70
years of age, and left a wife and two
sons. He came to Chelan three years ago'"
from Preston, la.
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