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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 1, 1905)
-r .v THE MOBKIffG OBEGOKIAff, WEDNESDAY, FEgBTJABY 1, 1905, STATE CONSTITUTIONAL CONVENTION BILL WILL NOT BE PASSED POLL SHOWS DEFEAT jority in Both Opposed to Convention Bill. WOULD. HAVE PEOPLE MOVE Emergency Clause Would Be Neces sary to Have Measure Operative In Time, and This Expe diency Is Doubted. SALEM, Or.. Jan. 3L (Special.) That the Legislature -will not pass the bill for the constitutional convention was evident in thoapltol today. A poll of both houses shows a majority against the bill in each. This morning the House of Rep resentatives rejected a concurrent resolu tion of the Senate for a Joint assembly tomorrow for discussion of the conven tion proposal, thus demonstrating plainly the opposition of the lower body to the bill. v In the Senate 16 of its total 30 votes-are needed to pass any bill; in the House 31 of the 60. This virtually means that 15 noes In the Senate can defeat any bill and 30 noes in the House. Fifteen members of the upper chamber oppose the convention bill, 11 support it, 3 are in doubt, and 1 is absent. In tho Houso 36 oppose the meas ure, 12 support it, and 12 are in doubt. The convention sentiment reached its high-water mark late last week, and has been ebbing ever since. Today's sub sidence from yesterday's mark was very plain especially in tho House. Tho Sen ate resolution for a joint assembly "was rejected by the House without so much bs a voice being raised in protest- Where upon all members felt the convention boom had burst, an appreciable clearing of the atmosphere followed, and the mem bers of the Legislature were free in vent ing their objections to the bill. -Most of the legislators believe that the constitution needs changing in numerous particulars, hut the ruling opinion among them is that if the people desire a con vention or wish to make alterations themselves they can do so, under the Initiative. In order to elect delegates next June, the bill would need an emer gency clause in order to make it opera tive in time for nominations, but the opinion of the legislators is that there is no demand for haste in the calling of a convention. The Legislature may submit the question of calling a convention to the electors In the general election of June. 1906, and the bill to that end may carry the 550,000 appropriation, but the members wish the people to share the responsibility of enacting the bill. Besides tho $50,000 appropriation, ono of the chief grounds of objection to the bill Is the provision which gives appointment of 30 of the convention delegate to tho Supreme Court. This provision strength cned the bill in some quarters, but weak ened it in many more. The opinion of the legislators is that 90 deelgates would be too many, and that, whatever the num ber, they should all be elected by the people. Among Democrats the word has been passed around that the Governor would "veto the bill unless it were submitted to the. referendum. The poll of the Senate and House ehowed the following align ment: Senate. Maes Avery. Bowcrman. Carter- Coshow. Croisan. Haines. Hobson, Howe. Laycock, MJUer. McDonald. Nottlncham, Pierce, Smith. "Wright 15. Ayes Booth. Brownell. Coo, Coke, Farrar, Hodson, Malarkey. Rand, Whealdon. Kuy kendall, Xoughary 11- Doubtful Tuttle. Slchel, Holraan 3. Absent Maya 1. House. . Xofts Fawk, Hermann, Bailey, Llnthlcum, Jogger, Stejner, Kunoy, Donnelly, Newell, Blaldey, Kay, Flint, Cole, Sltz. Smith of Josephine, Dobbin, Carter. Munkers, Settle Jnlw. Miles. Calvert, Cavender, Barnes. Vawter. Henderson, Burgess, Edwards, Kll- lingsirorth. Burns of Clatsop, Sonnemann, Gray. Huntley, Griffin, Jackson, Richie, Cor nett SO. Ayes Chamberlain, Bingham. Cooper, Crang, Hudson, Welch, .Smith of Baker. Jayne, Capron, Burns of "Coos, Bramhall, Mayger" 12. Doubtful Caldwell. MTrtr. Mills, Mcars. Holcomb. Shook. Colwell, Laws. Graham. McLeod. West. Von der Hellen 12. , That- municipal corporations may con demn water systems of individuals and private corporations within corporate lim its "and in territory adjacent thereto." Representative "West introduced a bill today.- The bill specifically exempts Irriga tion companies, and Is intended to aid municipalities in creating public water supply systems. Electric bells at railroad crossings Is the object of a bill introduced today by Representative Munkers. The bells are to be "of sufficient weight and sound to be heard distinctly 100 yards from said track or tracks," and are to be placed "at every crossing- where a public road, eas ment or low crosses such railroad, where the vjew Is obstructed either way up or down the said tracks by timbers, curves, hills, mountains or other obstructions.' A second bill to pay a member of the militia for injuries received In military duty at the militia encampment at Amer ican Lake last July was introduced In the House this morning. The beneficiary Is to be Irving L. Hagsdale. The sum ap propriated is to be $299. A bill has already passed the House to reimburse L. H. Mendell In the sum of $34 for injuries received at the same en caropmont. The House committee on inlnlnsr to morrow will recommend the 'passage of Representative Bingham's bill for re lieving; such mining companies of the anual license tax us have an annual output of less than $1000. Senator Malarkey todav introdutva blll which provides that no action or suit ior uic recovery oi iana soia ior taxes except where the tax was paid before sal or the land redeemed after sale, shall be commenced or maintained unless nm- menced within six months after the pass age of this act or within three years af ter 'the purchaser at the tax sale became entitled to a deed. FLAW IN REGISTRATION BILL. Measure Sent Back to Committee for Correction. SALEM. Or., Jan. 31 (SpecJal.) Smith of Josephine celebrated his return to the House this morning by showing up im nortant defects in Richie's registration bin, with, the result that the bill was de feated in Its present form and sent to th committee on elections for material amendments. "At present voters are required to re ister In the same precinct year after year." said Richie. "This bill provides that when a voter has once registered and remains In the same precinct, he need not register again.' Smith '.declared that a voter might be dead or living In another precinct, but that, under, thjs bill. 'his name would still be carried on the books, causing endless confusion. 3dulr of Multnomah said that, though chairman of the committee which had recommended tho bill, he realized that Smith was right. "These defects exist, and I do not believe they can be cured," said he. Chamberlain, ex-County Clerk of Uma tilla, said that, from his experience it was impossible to remedy such defects. SetUemcir of Marion declared that the bill was as good as possible to make it, and that it would relieve a great number of rural voters. Hudson asked for an amendment that would affect Multnomah County. The bill was defeated by a voto of 25 to 15. Kay changed his vote from "aye" to "no" that he might ask that the hill be re-referred to the elections committee with Instruc tions to amend the bill, so that It would meet the objections. The sentiment of the House was that some such bill be passed. SENATE PAGE A JESTER. ntroduces a Bill That Wakes Up Ab stracted Members. SALEM. Jan. 31- (Special.) Senate pages are rapidly getting familiar with the ways of legislatures, and one of them incorporated his ideas in a bill which he sent to the clerk's desk today. The bill is by L. F. Alderson. of Multno mah County. It is as follows: That .the pages have one desk and 200 stamps and 500 wrappers apiece, and each page be provided with one chair like the Senators. And each page have 1 private stenog rapher. . And each page be provided with all ar ticles necossary to curry on their business. And If a page gets tired of his stenog rapher he is at liberty to take another in his or her place. When the bill was read many of the Senators wero deeply burled in work. but gradually began to realize that something extraordinary was happen ing. As he heard the last few words of the bill, Senator Howe arose and demanded: "Who introduced that bill?" A ircneral laugh followed -when it was announced that Senate page Alderson was the author. The clerk gave the bill the number 299, and no further ac tion was taken. Attorney-General Crawford is draft ing a general bill for protection of sal mon. The provisions as to the Co lumbia will follow the recommenda tions of the special committees of the Oregon and Washington Legislatures, and as to other stroams will follow the wishes of the several Legislative delegations. TAX ON GRAZING SHEEP. House Passes Bill Affecting Flocks on Summer Range. SALEM. Or.. Jan. 31. (Special.) To tax outside livestock that came into Oregon for Summer range a bill of Rrepesenta- tive Sitx passed the House this morning. It provides that all sheep driven Into the state for pasturage shall be taxed 20 cents a head, and 5 cents a head shall be paid for each county through which the sheep are driven. The stock Inspectors are to collect the taxes, their wages while so employed to be also charged against the sheep. If the tax is not paid, the stock inspec tors shall take possession of the sheep and publish notice. Within ten days the owner may redeem tHem by paying the taxes and all expenses. The stock in spectors are to order deported from the state any diseased or unhealthy sheep. For each day that the sheep are detained after the order Is presented he may be forced to pay a fine of 525 a day. In urging the passage of the bill, Sltz declared that thousands of sheep were driven into Malheur and Harney Coun ties every year from Idaho, Nevada and California. Their owners are Italians, who pay no taxes, spend no money in the community, but because of the difference in season in the states are able to put their sheep upon the best pastures on the range. The bill went through with but one or two dissenting votes. The provisions of the measure do not apply to sheep brought Into the state for Winter feeding during November, December. January and February, or to stock being shipped to market. PRESIDENT SENDS GOOD WISHES Regrets Inability to Attend the Lewis and Clark Fair. SALEM. Or.. Jan. 31. (Special.) President Roosevelt would like to visit the Lewis and Clark Fair, but does not think it will be possible for him to come to the Pacific-' Coast this year. The House received a letter to that effect to day from the President in response to a joint resolution by Representative Richie adopted by both houses the first week of the Legislature. The President's letter Is addressed to Speaker Mills, and Is as follows: White House. Washington, Jan. 23, 1003. My Dear Mr. Mills: May I through you and through President Kuykendall of the Senate thank the Oregon Legislature for its ex ceedingly kind invitation to me to be pres ent at the Exposition in honor of the cen tennial of the arrival on the Pacific Coast of Captains Lewis and Clark? It was a very great pleasure to me to do whatever was in my power to aid in securing appro prlate recognition by the National Con gress cf this, one of the events of cardinal National importance In our history. I only wish it was my good fortune to be able to be present, but I fear It will not be pos eible for me to visit the Pacific Coast this year. Earnestly wishing you alt success In your public-spirited efforts to make a fitting and worthy commemoration of the great event in question, I am, sincerely yours. THEODORE ROOSEVELT. Hon. A. L. Mills. Speaker of the Rouse of Representatives, Salem. Or. Cascade Bill Comes Up Today. SALEM, Or., Jan. 31. (Special.) It is life or death for Cascade County now. for the Jayne bill, which has passed the House, will appear in tho Senate, tomor how or Thursday. Those from Hood River and 'vicinity who are working night and day for the passage of the bill are Leslie Butler, A. P. Batchain, John Le land Henderson, Dr. J. F. Watt. Dr. F. C. Brosius, Captain A- Wlnans, C. Deth- man, A. M. Keisay, J. Mosier. C. T, Early, C. L. Morse, C. L. Gilbert and II H. Shephard. Just as sure of the defeat of the hill apd just as untiring arc the following from The Dalles: E. O. McCoy. W. E. Walther. E. C. Pease, Dr. EE. Ferguson, Judge A. E. Lake. B. S. Huntington H. J. Maier. Judge G.C. Blakelay and D. J- Cooper. The Dalles people rely largely upon the power of Senator Whealdon. of The Dalles, to kill the Jayne bill In the Senate. The House counties committee will rec ommend tomorrow that the bill creating Hot Lake County, a subdivision of Union, do not. pass. Malarkey Recording "Bill Defeated. SALEM. Or.. Jan. 3L (Special.) By a vote of 44 to 1 the House today defeated Senator Malarkey's bill to require deeds to real property to be filed as soon as the transfer Is made. A lively debate nre- ceded the defeat of tho bill, led by Mulr and KJlllngsworth, in defense of the measure, and by Smith, of Josephine: Ed wards. McLeod and Jayne, on the other side. The opposition contended that the bill would work hardship on rural residents, because many transfers canot-he record ed in rural counties on the same daytthat deeds arc signed. LICENSING OF ' GAMES SEVERE PROHIBITIVE BILL IN TRODUCED IN HOUSE. City Officials Found Guilty Are Sub-1 ject tp- Fine and Imprisonment for Misdemeanor. SALEMT Or., June 31. (Special.) To prevent licensing of gambling by munici pal and county governments a bill ap peared in the House this morning, intro duced by Gray of Douglas. Another bill of Gray s, to make gambling a felony. Is in the hands of the committee on cities and towns, composed of Jaggcr of Clackamas, Hermann of Coos, and Shook of Klamath. The bill Introduced this morning alms to prevent the fine system, which was re cently In force in Portland. The measure is sweeping in its provisions and severe In Its penalties. Violators of the act are to be deemed guilty of misdemeanor pun ishable by a fine of not more than $00 and by imprisonment not less than 30 days nor more than six months. i "Every state, county, city or town offi cer, or othor person." runs the bill, "who shall ask for, receive or collect, in money or other valuable consideration, cither for his own use or tho public use. for and with the understanding that he will aid. ex empt or otherwise assist any person from arrest or conviction for violation of sec tions 1944 and 1955 (of the code), or who shall issue, deliver or cause to be given or delivered to any person or persons, any license, permit or othor privilege, giving or pretending to give any authority or right to any person or persons, to carry on. conduct, open or cause to be opened, any game or games, which are forbidden by said sections 1944 and 1955 of Bellinger and Cotton's Codes and Statutes of Ore gon, or either of said sections, and 'such officer or officers who shall vote for the passage of any ordinance or by-law giv ing, granting or pretending to .give or grant to any person or pprsons, any au thority or privilege to open, carry on or conduct any game or games prohibited. by said sections, shall be guilty of a mis demeanor and upon conviction thereof shall bp punished by a fine of net more than 500 and shall be Imprisoned in thr County Jail not less than 30 days nor more than six months." The bill was read once and Is not yet re ferred to committee. Keeping poolrooms or policy-shops, or buying or selling pools, are to be made unlawful by Senator Booth's Senate bill "1 Tho Kill nlan r-VMh!t fnlonhnni nnA telegraph companies from communicat ing Information for poolrooms, and for bids transportation companies to deliver poolroom articles, it autnonzes justices of the Peace to Issue search warrants commanding officers to. search euspected places, and authorizes such officers to break any doors or windows, if necessary. In ordor to gain access to the places men tioned by the warrant The bill is very comprehensive and pro vides fines varying from $50 to 51000. Francis I. McKenna. of Portland, one of the leading officials of the "United Arti sans, is interviewing members in favor of a bill affecting fraternal orders which will soon appear in the Senate. It pro vides regulations which draw the lines tighter around new fraternal orders. Mr. McKenna declares that it will shut out fake fraternal orders from the state. How long a lawyer may argue before a Jury was the cause of a hot discussion In the House this afternoon. Senator Croi san's bill, which provided that no Judge could limit an attorney to less than two hours, was up for passage. Mulr, Bailey and Llnthlcum of Multnomah advocated the measure, but Kay and Cornett op posed IL The bill passed with votes to spare. Fees for recording chattel mortgages and similar documents are reduced by Croisan's Senate bill, which went through the House this afternoon, largely through the efforts of Dobbin of Union and Wal lowa. All such documents hereafter will be charged for at the rate of SI for eight folios, and 20 cents per folio over that amount. This rate applies only to coun tics of less than 50,005 population. THE DAY IN THE SENATE. Upper House Is Called to Order at 10 In the Morning. SALEM. Or.. Jan. 3L (Special.) The Senate was called to order at 10 A. M. by President Kuykendall. The President announced the appoint ment of - Senators .Whealdon and Avery on the joint committee to investigate the Mute School. S. J. R- S, by Pierce, to amend Joint rule 11. so as to provide that no bill shall be introduced during the last ten days or be sent from on6 house to an other during the last five days of the session, was referred to the committee on resolutions with instructions to print. H. J. R. 15. by Capron. asking Congress to advance Brigadier-General T. AI. An derson in rank, was adopted. H. J. R. 16, by Munkers. urging Con gress to improve the Willamette River, was adopted. S. C. R. 23. by Pierce, for the appoint ment of a joint committee of five, to whom shall be referred all duplicate bills, was adopted. The President appointed Senators Bow erman and Slchel on the committee to In vestigate the Lewlp and Clark Fair Com mission. " The President appointed Senators Haines and Smith on the Joint enrollment committee, and Miss Montle Brlggs was elected clerk of the committee. New Bills In the Senate. SALEM, Or.. Jan. 31. (Special.) Bills were Introduced in the Senate today as follows: fi. B. 211. by committee on public build ings To direct the Public Building Com missioners to ascertain the cost of an asy lum for the feeble minded. S. B. 212. by Booth (by request) To sup press poolrooms and poolselling. S. "B. 213. by Kuykendall To provide for disposition of public funds. S. B. 214. by Carter To require public officers to account for public property sold. S. B. 215. by Coshow (by request) To regulate stationary engineers. S. B. 216. by Tuttle To amend charter of Warrenton. S. B. 217. by Bowerman To amend the charter of Olcx. S. B. 21S. by iLaycock To amend tho charter of Canyon City. S. B. 210. by Haines, (by request) To de fine the dutlet of County Boards of Equaliza tion. S. B. 220. by Coke (by request) To pro tect crabs- S." B 221. by Malarkey To incorporate West Seaside. fi. B. 222. by Malarkey To amend section 213S of the code. Bills Passed by the Senate. - SALEM. Or.. Jan. 31. (Special:) Bills were passed by the Senate today as fol lows: S. 12S, by Whealdon To provide tho manner in which official undertakings may be given by county officers. R. B. 67, by Nottingham To limit tax Hens to ten years. S? B. 178. by Carter To amend charter of Ashland. S. B. 1S3, by Coke To authorize the Coun ty Court of Coos County to appropriate.SCOOO for an exhibit at the Lewis and Clark Fair. IT. B. 29. by McLeod To appropriate $13, 000 for fish hatcheries. H. B. S7, by Bingham To extend to all Incorporated cities the power to issue bonds for street and sewer Improvements. S. B. 120. by Wright To regulate stock running at large. S. B. 155, by Carter1 To flx salaries of District Attorneys in the First and Second . Districts. S. B. 184. by Malarkey Regulating divorce proceedings. Bills Killed in the Senate. SALEM, Or.. Jan. 3L (Special.) The- following Senate bills were killed today by. Indefinite postponement. S. B. 95. by Bowerman To amend me code relative to executions. S. B. 168. by Brownell Conferring Juris diction on Circuit Courts where minors ap pear by guardians. S. B. ISO. by Smith To abolish the Do mestic Animal Commission and the office of State Veterinarian. THE DAY IN THE HOUSE. Resolution to Investigate the Lewis and Clark Fair Is Withdrawn. SALEM. Or.. Jan. 31. (Special.) The House waa called to order at 10:15 A. M. by Speaker Mills. Prayer was offered by Dr. Hermann. H. C. R. 18. by Welch, to investigate the Lewis and Clark Fair, was with drawn. H. B. 77. by Mayger, to create county Attorneys in lieu of District Attorneys, was Indefinitely postponed. H. B. 21, by Dobbin, to provide for filing of chattel mortgages, was Indefinitely postponed. H. J. M. 4. by Munkers, that Congress be asked for the appropriation of $50,000 for Improvement of Willamette River, was adopted. S. C. R. 20, by Rand, for a Joint assem bly to consider constitutional convention, was rejected. IT. J. R. 15. by Capron, asking Congress to advance Brigadier-General Thomas M. Anderson in rank, waa adopted. H. B. 155 (substitute), by Sltz. to tax for eign eheep. was passed. H. B. 166 (substitute), by Richie, to amend code on registration in precincts, was defeated, but re-referred to commit tee on elections. S. B. 31. by Rand, to abolish office of Re corder in Baker County, was reported fa vorably. S. B. 32. by Rand, to Increase the salary of the Deputy County Clerk of Baker County, was reported favorably. H. B. 257. by Mayger, to provide special fund In Columbia County, was reported favorably. H. B. 237. by Dobbin, to provide assess Tncnt and taxation of livestock was re ported favorably. H. B. 179. by Sltz, to protect raisers of cattle, was reported favorably. H. R. 24. by Capron. that persons to whom courtesies of the House have not been extended be kept outside the bar of the House, was adopted on the suspension of the rules. Courtesies of the House were extended to Hon. John P. Oliver and James Reed, of Mllwaukle, and A. D. Stlllman, of Umatilla County. The report of the joint committee which conferred with a similar committee of the Washington Legislature on concur rent salmon legislation on the Columbia River, reported yesterday, was adopted The Teport of the Joint committee on Penitentiary, adopted by the Senate yes terday. was adopted. S. B. 96. by Malarkey, to authorize the Lewis and Clark Fair to condemn private property, was passed. S. B. C5, by Slchel. to prohibit forging or counterfeiting railroad tickets, was passed. a B. 20, by Croisan, to regulate fee for recording deeds, mortgages, etc., was passed. S. B.'22, by Croisan, to, amend the code on trial' by jury: was passea. Si B. C2. by Malarkey, to amend the code on recording of dseds and mortgages. failed to pase. New Bills In the House. SALEM. Or., Jan. 31. (Special.) New bills were introduced In the House today as follows: H. B. 293, by Bingham To amend charter. of Cottage Grove. Lane County. R. B. 294, by Dobbin To prevent spread ing of noxious weeds along Irrigation dlthcea. H. B. 235, by West For an act to enable counties to prohibit stock running at large. H. B. 290. by Richie To prohibit sale of cigarettes to minors H. B. 297, by Sbnnemann To reimburse Irving L. Ragsdale in sum of $299 for In Juries received in military duty. II. B. 29S. by Cooper To Incorporate To ledo. H. B. 299. by Gray (by request) To pro hlblt the granting of authority by cities or counties to carry on gambling. H. B. 300, by Munkers To safeguard life and property on public roads II. B. 301. by Mulr To amend code relat ing to appeals from Justice Courts. H. B. 302. by West To authorize raunlcl palitles to condemn water works and sys terns. DEPOSIT OF STATE FUNDS. National Banks Offering Highest In terest to Be Chosen. SALEM, Or.. Jan. 31. (Special.) Sena tor Kuykendall today Introduced a bill providing that funds in the State Treas ury shall be deposited in National Banks of not less than $50,000 capital, the banks to be selected by the Governor, Secretary of State and State Treasurer, after re ceiving proposals from the several banks, Those banks are to be given most favor able consideration which offer the best rate of interest upon daily balances. The deposit banks must give United States, city or county bonds, or bonds of school districts of the first or -second class, The bill makes it unlawful for the State Treasurer to loan or deposit money except according to tho provisions of this act, and relieves him and his bondsmen from any liability for the loss of funds on deposit- Changes in Albany Charter. SALEM. Or.. Jan. 31. (Special.) The clause In Albany's new city charter which prohibits an appeal from the City Recorder's Court, and which is said to have been inserted as a blow to the 11 qudr traffic, will be eliminated In the recommendation of the Linn County del egation decided on tonight. The new charter was written by City Attorney Sox. on order of the Council, and was the subject of fierce debate tonight. Those who fought the charter clause were: J. R. Wyatt. Gall S. Hill, George W. Wright, W. K. Bilyeu, J. J. Whitney and W. 8. Rlsley. Those who supported tho clause were: C. EL Sox, P. B. Mar shall and C. H. Stewart- The 10-mlll tax levy is to be retained, 2 mills to go to the sinking fund for the city debt. Certificates for Working. Children. SALEM, Or., Jan- 31. (Special.) The House committee on education tonight formulated a' recommendation that Bailey's bill amending the child-labor law" be passed. The bill provides a system of certificates between school author ities and employers of children under 16 years. By It children may work In vaca tion without premlts and in family finan cial emergencies. The committee also recommended that Gray's bill fbr one board of regents for all the State Nor mal Schools be passed. Fraudulent Voter to Penitentiary. SAN FRANCISCO. Jan- 31. Charles Wyman. recently convicted of fraudu lent voting at the. primary election held, last year, was today sentenced by Judge Lawler to three. years' imprisonment In the San Quentln State Prison. ENOUGH TO MAINTAIN NORMAL SCHOOLS WILL NOT GET ALL THEY DEMAND. Representative Caldwell Tries a Little Trick That Does Not Work.. Out as Expected. SALEM. Or., Jan. 31. (Special.) That all four Normal Schools will receive ap propriations is tho growing sentiment in the Legislature, but the sums for each will be much less than asked for and probably only enough for maintenance. The ways and means committees have not reached a decision in the matter and because of the perplexing features have been putting It off. Tomorrow has been set as the special occasion for consider ing the schools. The committees are controlled by mem bers from Normal School counties, who feel constrained to look out. for their home institutions and to stand together for mutual protection. It is a safe pre diction that they will care for all the schools. An amusing little trick was played this morning In the House on the Ashland and Drain schools, but. those Institutions are really beneficiaries of the joke. Rep resentative Caldwell, of Yamhill. 11 days ago Introduced an Innocent-looking bill. whoso inner purpose was to abolish the Institutions at Drain and Ashland. Cald well Imagined that the bill hod been put to sleep In the committee on education. so today he slyly withdrew the measure from that committee and had it sent to the committee on public libraries, which Is sure to report for passage, inasmuch as two of its three members, Newell ana Caldwell, are favorable. But the majority of the education committee was almost ready to do the same thing and to go Caldwell ono better by recommending an amendment so as to cut out not only Drain and Ashland, but also Weston. Three of the five mem bers of tho education committee, Bailey, Scttlemler and Fawk. had tho plot al most hatched, and Chairman Gray, of Douglas, a Normal School county, was very uneasy.. "Gosh!" said he, "I'm glad they have taken that 'bill out of my hands. Gray personally is inclined to the A-lew that the state has too many nor mal schools, but Is responding to the demand of his county. A member of the ways and means committee was perturbed today when he learned where the Caldwell bill had gone, but smiled when Informed of the worse fate awaiting it in the commit tee on education. However, the bill will be favorably reported by the committee on public libraries, and will be brought up before the House for passage, thus presenting the normal school question squarely In front of the body. In the Senate, Miller of Linn, a Dem ocrat, has introduced a bill to abolish all the normal schools save one, but even if the bill could pass the Repub licans might not allow the glory to a Democrat. Haines of Washington is preparing a bill to abolish all but one normal school, and expects to taKe tne wind out of Miller s sails. The total sum asked for by normal schools Is more than $200,000. Two years ago tho total appropriation was J88.00C. as follows: Ashland S26.C3CMonmouth ...427.500 Drain 12,000iWeston 22.000 The reauests now before the ways and means committees are as follows: Ashland, salaries H2t2 Ashland, maintenance, heating, etc... oS,4S(J TVeston. salaries 10.100 u'..tnn nnr hulldlnrs. fenclm?. mis- ccllaneous - aj-OOO Monmouth, salaries and maintenance.. 3.ooo Drain, salaries and raalntenanco 20.000 THREAT TO WIFE-BEATERS. Senator Sichel Says Practice Is Be coming Too Frequent. SALEM. Or.. Jan. 3L (Special.) Sena tor Slchel's whipping-post bill was dis cussed at length in the Senate today, but owing to a conflict with existing laws on th snhleet of assault and battery It was not voted upon but was re-referref for amendment. It will probably come up for final action tomorrow. When the bill came up In the Senate this morning Senator Slchel said that since this measure Is one that will have no opposition he felt no desire to take up tho time of the Senate discussing it. Senator Nottingham didn't propose to let the bill have such smooth sailing, however, and promptly voiced a protest "This Is a step backward." he declared. "We have outgrown the time when cor poral punishment Is deemed necessary and have even abollshod whipping In the schools. Brutality begets brutality." Senator Brownell sprang to the support of Slchel's bill and denied that the enact ment of a law providing corporal punish ment for wlfebeaters will lead to bru tality. "If any class of criminals deserves ex treme punishment. It is the men who beat their wives." declared tne senator irom Clackamas. "The punishment provided by this measure is to be inflicted within the walls of a Jail and not in public, and I see no way that It could Increase bru talltv." Senator Slchel, finding that his bill had aroused some antagonism, took the floor In its defense, saying that although in small communities public opinion pre vents the commission of the offense aimed at by this bill, In a large city like Portland the only way is to provide ade- uate punishment. In the last year cases of wlfebeatlng have come to tne attention of the police commission in Portland. "Tho Intent of this bill Is not to whip men, but to prevent men from whipping their wives," said Senator sicheL "You might turn wlfebeaters over to Mrsr Hathaway and let her handle them as she handled Lawyer HItchlngs," sug gesfed Nottingham, and an audible smile rippled over the Senate. For prevention of the spread of wild oats, thistle, weeds and obnoxious grasses alonr the rights of way of irrigation and mill ditches. Dobbin introduced a bill In the House today. The measure provides that corporations and Individuals in the business of lrriga tlon shall keep their ditches free from the weeds above mentioned. The pen alty prescribed ranges from $25 to $750 fine. GOVERNOR WILL NAME JUDGES Three More Places on Circuit Bench Are Asked of Legislature. SALEM. Or.. Jan- 31. (Special.) The Legislature Is asked to create three more places on the Circuit Bench of the state, one In Baker County, one in the Fifth District, composed of Clackamas. Colum bla, Washington and Clatsop, and one In the Second, composed of Douglas. Lane, Benton. Lincoln. Coos and Curry. Bills for the additional Judges In Baker, which Is to be called the Eighth District, and in the Fifth District have already passed the House, and tomorrow a bill will ap pear in the lower chamber from Bums of Clatsop for the additional Judge In the Fifth. The Governor Is to appoint In each case, and will naturally choose Democrats. The appointees are to h6ld office until their successors shall have been elected and qualified next year. Burns bill will encounter strong op position irom otner legislators from the Fifth District, and it Is -not likely to pass The probable appointee to the office, should the bill pass, is John H. Smith or George Noland, of Astoria. Democratic warhorses from other counties, either of whom might get the place, are: W. D. Hare or J. M. Hall, of Washington: W. D. Dlllard, of Columbia, and R. A. Miller. who has not moved so far from Clacka mas that ho might not return. If another Judge shall be allowed to the Second District. Governor Chamberlain will probably appoint either W. S- Mc Fadden. of Corvallls: Lark Bilyeu, of Eugene: E. B. Seabrook. of Marshfield. or A. J. Sherwood, of Coqullle. In the proposed Eighth District, M. D. Clifford Is' the probable appointee, or Sam White or J. B. Messlck. HOT LAKE COUNTY ADVOCATED Union Development League Adopts Unanimous Resolution. UNION. Or.. Jan. 31. (Special.) The Union Development League today unani mously adopted resolutions favoring the iormatlon of the proposed Hot Lake County, and asking the Union Count dele gation to secure the passage of the bill. It is alleged by the league that the new county would be for the best Interests of all sections of the present county. The resolutions recite that the nw county will have 20 townships. $1,265,000 worth of taxable property and between 5000 and 0CO people, and can be success fully and economically administered. That It, will settle the old differences between the two sides of the county that have existed for a quarter of a century, and materially retarded the commercial de velopment of the county, and which will continue for an indefinite period unless the count) is divided. Further it will work no injury to the old county, as it will leave them two- thirds of the territory, wealth and popu lation. and they can reduce the expenses of administration in like proportion. The demand for the new county comes from all sections of the proposed cut-off, and from those who are financially interested. KLAMATH BILL MADE LAW. California Cedes Rights -in Northern Counties to the Government.' SACRAMENTO. Cal., Jan. 31. By a Assembly today voto of 56 to 40, the passed the Senate bill. authorizing the lower the water-. Rhett. Goose and Federal Government to levels of Klamath, Tule, Clear Lakes In Siskiyou and Modoc coun ties, and ceding to the ment the beds of those Federal Govern lakes, In connec and reclamation tlon with Irrigation works. Work of Labor Committee. OLYMPIA, Wash.. Jan. 31. (Special.) The license bill introduced in the House known as the cight-pour fem-tl? labor will be ldefjnltely postponed if the rec ommendation of the labor committee of the House Is adopted. The committee met tonight and listened to representatives of laundries In Seattle, Tacom-. and Spokane and representatives of merchants In Se attle and Tacoma in opposition to tho bill. The committee will also recommend the Indefinite postponement of the bill repeal ing the Sunday closing barber-ahop law of the last session. It will recommend the passage of the McNlcol bill, requiring employers to pay forthwith In cash the amount due cm ployc3 at the time of their quitting work. whether discharged or of their own voli tion. Clear View for the Fair. SALEM. Or:, Jan. 31. (Special.) The Lewis and Clark Centennial Corporation is given the power 'to condemn private property for the purposes of the Exposi tion In Senator Malarkey 3 bill, passed by the Houso today, in spite of the opposition of Smith of Josephine. Llnthlcum of Multnomah declared that a good view from the Fair site was absolutely neces sary, and that it might be needful to con demn property now held by private per sons. Smith declared he had been informed that the bill was aimed at one man only, and that he did not consider this just, But'Llnthicura. replied that the difficulties with the one property-owner had been adjusted, and the bill passed. Prominent Third-House Members. SALEM. Or.. -Jan. 31. (Special.) Among tne races in tne loony today were those of Dr. J. R. Wilson, president of the Ore gon Anti-Saloon League; E. S. J. McAl lister, attorney for the league; H. W Stone and Samuel Connell, all from Port land; J. M. Church, of Union; Frank M. Warren, of Portland; F. A. Soufert. of The Dalles; H. G. van Dusen, of Astoria, Master Fish Warden, and H. A. Webster, of Clackamas,-deputy: J. W. McCulloch of Ontario; C. E. Belding, of Ontario; Ira S. Smith, of Vale; John T. Whistler, of Pendleton; u. Zimmerman and J. P. Sharkey, of Portland. SHARRATT WAS MURDERED. Lincoln County Sheriff Has Suspects Under Surveillance. NEWPORT, Ore., Jan. 31. E. G. Shar ratt died at 5 P. M. Sunday. The cor oner's Jury held an inquest and returned a verdict to the effect that Sharratt came to his death from a bullet wound inflicted by parties unknown. Strong clrcumstan tial evidence is Id the hands of the Sheriff and persons suspected of being implicated will be kept under survelllanco pending further Investigation. Sharratfs body will be taken to Port land In the morning for Interment. Killed While Blasting Stumps , OREGON CITY, Or.. Jan. 31. (Special.) While blasting stumps at his home at Meld rum 3 Station this afternoon. Law rence Hardman was killed by a. premature explosion of a charge of dynamite with which he was working. At 3:30 o'clock this afternoon Hard man's wife, who was watching her hus band from the house a. short distance away, heard the explosion and failing longer to observe him, became, frightened, She. summoned her brother-in-law. who was at work In a neighboring field and to gether they found Hardmanls Inanimate form 120 feet from the place of explosion Coroner Holman was summoned and visited the scene of the accident. An In quest will be held Wednesdaj'. The dyna mite sticks with which Hardman was working were charged with 60 per cent nitroglycerine and the body was bandly mangled. Hardman was aged 25 years, and is survived by a young wife. He came to Clackamas County from Lebanon last Fall, immediately following his marriage to Miss Julia Hood, a Lebanon girl. He purchased a small tract of land at Mel drum and was engaged at clearing the premises when he met with his death. Control of Debating Interests. PACIFIC UNIVERSITY. Forest Orovo Jan. SL The student-bodv todav Dassed resolutions favoring the control of all de bating Interests at Pacific by a debating council, to consist of two members of eacn siuaent uierary society ana tnree members or tne iacuuy. xne new plan 13 identical with that used in all the principal colleges or tne East. FederalPrison Is Full. SEATTLE, Wash.. Jan. 31. The Fed oral prison on McNeil's Island can take no more prisoners. A man sentenced to a year and a half today in the Federal. Court will have to serve his time in the King County Jail. A large number of convicts from Alaska have caused the present conditions An effort will soon bo made to build an addition. RIGHTS TO BE CLEA! Government Aid for Malheur Irrigation Depends on This, RACT OF 100,000 ACRES Bill for House Committee Provides for District to Sell Bonds Up to "the Amount of $350,000. SALEM. Or., Jan. 31. (Special.) To open the way for a National irrigation project in Malheur County a bill, has passed the Senate and is now with the House committee on irrigation, providing for the purchase of water rights on Mal heur River for the use of the Natlonar Governmdnt In carrying out that project. The reclamation service has announced that It will not undertake the project un til the Irrigable area shall be cleared of water rights now held by individuals and private companies. To purchase those rights from their present owners, the bill creates an irri gation district coterminous with the area which the National Government plans to reclaim. The district " Is to sell 30-year bonds up to $350,000 and the money is to be devoted to the purchase of the water rights now in the way of the Government project. The bill has been with the House com mittee on Irrigation since last Wednes day. Its passage is advocated by C. E. Belding. of Ontario, president of the Mal heur Water Users Association; Ira S. Smith, of Vale, and J. W. McCulloch. of Ontario. Its leading opponent Is Ed Test, of Ontario, who alleges that the tax consequent on creation of the district would amount to virtual confiscation of property. He Is endeavoring- to have the maximum bond Issue cut down to $200.- 000, and Is fighting the personnel of the district commission of "16 members who are directors of the Water Users' Asso ciation, saying that 12 of them are per sons who will privately benefit from the purchase of the wator rights, and Insist ing that tho members .of the commission be selected by the people. He sets forth that the assessed valuation of property in the district last year was $700,000 and that a tremendous tax levy will be needed to pay Interest on the bonded debt from that valuation. Defenders of the bill reply that the assessed valuation Is really more than 51.Oi30.00O. that It will grow very fast after the National project shall be started and that Test 13 really trying to defeat thd bill. They say that most of the taxpayers of the district desire tho bill passed and exhibit a petition signed by 331 taxpayers. The matter is now waiting for the Ore gon Short Line to present Its side of the case. That road has 13 miles or tracic in the proposed district. The district follows the anaKe Kiver about 50 miles on Ks eastern border and Extends westward, up the Malheur River. 30 miles. The Willamette Valley and Cns cade Mountain Wagon Road Company has about 25.000 acres of land in the district. but is not yet fighting the district. Tho Government project takes in about 100.000 acres and that Is the approximate area of the proposed district. Nearly ail of the land Is now arid and only that part near Malheur River Is productive- The arid land la assessed from 51.25 to $2.oO an acre and the productive land from $10 to $25, though the latter is worth from $50 to $100. The advocates of the bill eaj that the rapid development of the country after the Government shall have started its nroiect will greatly Increase tho as sessable valuation and make easy the payment of the Interest on tne oonas. The bonds are to be redeemed during the last ten years. Slchel's Senate bill making a- misde meanor of forging or counterfeiting a railroad ticket, or to change dates or other markings, or to fill up punches, passed the House this, afternoon. Cornett and others declared the punishment was much too severe. FAVORABLE REPORT ON CODE. House Irrigation -Committee Will Probably Make Minor Amendments. SALEM, Jan. 31. (Special.) It was practically settled by the House irriga tion committee tonight, after a pro longed discussion, that the state com mission's Irrigation code shall be re ported favorably, with a few minor amendments to remove possible doubt as to meaning. Though the committea took no final action, it was evident from remarks of members that the commit tee is satisfied that passage of such a bill as this is necessary in order to in duce the Government to undertaka reclamation work in this state. Attorney-General A. M, Crawford gave assurance that the proposed law will be constitutional If the amend ments are made to guarantee a Jury trial where property rights ara con demned, and the meaning of a "bene ficial use" is more explicitly set fortb Amendments as suggested will be made. ' A. S. Hammond, of Grant's Pass, and L. R. Webster, of Portland, .attacked the bill upon the ground that it pro poses to destroy vested rights and to take private property for private Use. They also contended that present laws, as laid down in the statutes and decis- , Ions of the courts, are sufficient. T. H. Crawford, of Union, and T. G Halley, of Pendleton, took a different view, and urged necessity for legisla tion that will enable tho Government to proceed with large irrigation enter prises without fear of trouble over wa ter rights. It was shown that in Ari zona and New Mexico, where the Gov ernment controls legislation, and In Colorado and Idaho, where modern irri gation laws have been adopted, the Government is constructing Irrigation works, while in Oregon nothing is be ing done. Aside from amendments desired from a legal standpoint, Attorney-General Crawford suggested that the bill be amended so as to do away with the water commission ana make the State Engineer responsible directly to the Governor, TO SELECT SCHOOL BOOKS. Governor Chamberlain Reappoints the Five Present Commissioners. SALEM. Or,, Jan. 3L-r-(SpecIai.) Gov ernor Chamberlain today reappointed H. W. Scott, vOf Portlandf P. L. Campbell, of Eugene; W. M. Ladd, of Portland: C. A. Johns, of Baker City. and'W. M. Colvlg. of Jacksonville, as members of the State Textbook Commission. These men were appointed In January. 1901. by Governor Geer, and made a selection of textbooks in July. 1002. The textbook act. commonly known as the Daly law. requires the Gov ernor to appoint a textbook commission every four years, which commission must make a selection of textbooks every six years. The next selection will, therefore, be made In July. 100S. Governor Chamberlain received numer ous letters recommending other persons for appointment on the commission, but because the workbf the old commission gave general satisfaction., ho dedded to reappoint the five men who served -.during; the last four years. 1'