6:
THE MORNING OREGONIAN, THURSDAY, FEBRUARY 1905.
ANTI SALOON LEAGUERS ROUSE IRE OF OREGON LEGISLATORS
HINT AT A MACHINE
Members Flooded by Messages
of Anti Workers.
REPLIES.ARE VERY VIGOROUS
Unwarranted Aspersions Said to Have
Been Cast Upon Their Character
by Lobbyists, Churches'- and
Preachers of Portland.
SALEM. Or., Feb. l.-(Spccial.)-Thc
insistent work of Anti-Saloon Leaguers,
Prohibitionists and others on the floor of
the two houses and in the lobby against
amendment of the local option law and
the bill for a constitutional convention
has aroused the ire of members of both
houses. Yesterday, when those workers
were as thick as files on the floor of the
House, a resolution. Introduced by Cap
ron of Multnomah, was adopted on sus
pension of the rules, to keep outside the
har all persons to whom the courtesies
of the House had not been extended.
Some members declare unwarrented as
persions have been cast upon them by the
lobbyists, and by churches and preachers
of Portland. They denounce their critics
as moved by intolerance and as wanting
in Christian charity. They say floods of
protesting letters have come from so
many directions as to show the existence
of an organization that would be de
nounced as a machine were it carried on j
by any other set of workers. j
Before the House committee on revision
of laws, which has in its possession the
Jayno bill for amendment of the local
option law, E. S. J. McAllister, attorney
for the Anti-Saloon League, asserted with
much warmth:
"Any member of this Legislature who
votes to amend that law will be buried
in a political grave 1x76 feet deep."
Mr. McAllister's remarks not only were
full of protests but contained numerous
threats that the Legislature In voting for
the bill would bring down a tremendous
storm op their heads. Other speakers at
that meeting said the same thing and
joined him in asserting that Legislators
who should support the Jayne bill would
brand themselves as servants of inlqui
tious liquor Interests, which were trying
to usurp the powers of the people. Such
expressions aroused considerable feeling.
The resolutions and letters have de
clared that the Jayne bill and the Brown
ell constitutional bill came from "political
machines and liquor Interests," that a
"general protest should go up from all
self-respecting citizens" and that their
passage would be "a crime against the
citizens of the state."
The most outspoken of those -who resent
these imputations arc Senators Malarkey,
Hodson and Sichel.
To a minister In Portland who alleged
that the bill for a constitutional conven
tion was the result of a movement by po
litical machines. Senator Malarkey re
sponded as follows:
A bill to provide for the calling of a con
stitutional convention was Introduced In this
Legislature., and was this morning:, after fitfj
and fair discussion, defeated by a voto of
34 to 13. and 1 was one of thoe who votM
for the bill. Toil t?ay this bill was a move
ment on the partof political machines and
thf liquor interests to set rid of the initiative
and referendum, and make several. other accu
sations along- the. same line. Who told you
that? From whence did you get your Infor
mation? 1 tell you what you say is absolutely untrue,
and that the bill was introduced by a member
who for the past 32 years ha, as a member
of Oregon Legislatures, been adrocatlng a
new constitution, and that it was supported
by men Just as henest and reputable as you
ere. and that members of this Legislature
know better than 30U or ypur associates the
circumstances connected with the introduction
and consideration of this bill and have prob
ably given more thought and consideration to
the subject than you have. There was in no
shape, manner or form any political machine
or special interests or organisation back of
this bill fof a constitutional convention, and
there has not been a bill before this Senate
upon which the votes of the members so thor
oughly expressed their several uninfluenced in
dividual Judgments as did this one.
As a member of this body. I am doing my
very best to serve my constituents and all of
my constituents in an honest and capable
manner. Every voto I cast is an honeet ex
pression of my opinion on tho subject under
consideration. On nearly every measure some
of my colleagues differ from my views and
vote accordingly, but I " do not on that ac
count impugn their motives or accuse them of
wrong. Much less should men who, like you,
Trofes to be specially engaged in spreading
the gospl of truth and charity, undertake
to impugn the motives of men who don't hap
pen to look at things through your glasses,
particularly when the subject is one which
they probably know more about than you do.
Senator Sichel, of Multnomah, has sent
the following reply to a prominent Y. M.
C. A. worker in Portland:
Being a public servant, I hold myself ready
at all times for the service of my
constituency, and at the same time I re
serve the right to defend myself against any
imputations such as have been cast upon my
colleagues and myself within the last few
days by many of the ministers and churches
of the City of Portland. It seems that you,
like many others. Judge the members of this
body unjustly, and to use the old expression,
you hang them and try them afterwards. By
what reason do you and your friends con
clude that because a certain bill Is introduced
which does not agree with your views I must
be a sort of a political outcast and be threat
ened with political annihilation by you.
Coming down to the facts in the case, I re
member fully the election last June when tho
eso-called local-option measure was before the
people and was carried by a majority, al
though small. I also am aware of the fact
that, between last June and the election held
in November last many controversies were
published 5n our dally newspapers between
some of the mint Timnnnnwd tiuAi.Anun(..
and 60-called pronlbltionlsts. claiming that
xney voiea ror tno local-option measure in
June under a misapprehension, and it seems
to mo that this was proved by the result of
the election In Jxovember. I am Just as much
of a local-optionlsts as you are, and 1 reserve
the right to interpret the law as I under
stand it, which is that the present local
option so-called Is not local option, but nro-
hibltlon. and that the Legislature elected by
tne people nas tne right to. amend laws passed
by them if the people, by tbelr votes, declare
that an error has been committed, as they did
prove last November. So much for that.
As to the constitutional convention proposi
tion. I do not know whether this measure will
pass at this session. I believe it will not.
but even if It did, it would not be a proof
that men voting for It would try to take
away tho rights of the people. Is It not a
fact that the very essence of our constitution
Is the exprsion of the people and by the
people. I want to repeat that I deem It very
unjust and very intolerant to receive and to
read such criticisms as have been made in
Portland within tho last few days. I feel
thai much 'more good could be accomplished
for the public If the members of this Leglsla
ture I mean thoao from Multnpmah County-
would receive more of the confidence and sup
port of the public As far as I am concerned.
and as far as I can Judge, my colleagues Rnd
mysolf have made every effort bo far to better
the conditions of public affairs In Portland and
the balance of the state, and any and for every
vote that I have cast and will cast I am ready
to assume my share of the responsibility. I
trusfthat .my letter to you will be .accepted
in the same spirit as it is addressed and
meant.
Senator Hodson In an interview said:
One peculiarity which "has been noticed in all
the communications received from different
parties" and organizations In reference to the
proposed amendment -of the local-option law
has been the charge that tho "machine" was
Intending to take euch action as would do
away with the Initiative and referendum, and
practically nullify the prohibition law adopted
by the voters at tho Juno election. The cry
"machine" Is very convenient and serves on
all occasions.
The feature which struck me roost forcibly
was the fact that resolutions coming from half
a dozen different sources were identical, even
to punctuation. It seemed to mc that some
body did have a machine and that it was in
good working order. It did not eem. bow
ever, to be the political machine against which
?o many people have railed so loudly. If
machines have existed in the past, I do not
remember to ha-e seen or heard of one that
worked as smoothly as the one which prepared
and ground out these uniform-resolutions. They
ehow on their face that It was -impossible for
to many different organizations aswere- repre
sented to prepare and pass such resolutions
without having been directed by some one per
sonthe boss. If you please.
My understanding has been that machines
themselves, as well as machine xnetho3x, are
very obnoxious: It therefore seems strange thaf
the people who are complaining the loudest
should be guided by what is clearly shown to
be on of the smoothest-working outfits of Its
kind that has ever appeared in the State of
Oregon. It hardly Eecms to me that people
who complain so loudly of machine methods
would submit to being "bossed" as completely
aa they 'apparently have been In this In
stance. It goes to show that the fellow who
talks the loudest about the methods of other
people needs to be watched.
Of course there are machines and machines.
While I personally have nothing to say re
garding the sentiments expressed, I have
heard some very uncomplimentary remarks
made by others who have reeelved copies of
these machine-made resolutions. They seem
to havo been prepared by somebody who was
either grossly Ignorant or bent on giving ex
pression to baso falsehoods. Realising that
they were inspired by one or the other of
those classes. I have not taken occasion to
make any reply to them. When I receive a
letter or other communication 'which accuses
mc of venality I treat it with the contempt It
deserves. I have no complaint to make, as
such things are to be expected by anyone in
public life. The clrcumstanco affords ouch a
good opportunity for calling attention to one
machine complaining about the alleged meth
ods of another that I cannot help drawing
your attention to it.
CHARTERS OVER OPTION LAW
Theory on Which House Passes Local
Measures at Salem.
SALEM. Or.. Fob. L - (Special.)
Whether city charters enacted by the
Legislature can supersede the local option
law enacted under tho initiative and li
cense gambling, and whether they .should
bo passed so as to suspend the state Sun
day law as to liquor traffic, were ques
tions before the House tonight in consid
eration of charter bills. The sentiment
seemed to be that charters enacted after
tho local option law could take prece
dence. In fact, a number of such bills
have already been passed, but the body is
plainly oppoeed to suspending the general
law as to gambling and Sunday closing
of saloons.
"Ar there any provisions in that con
trary to the state law?" asked Smith of
Josephine, when Cole's bill to amend the
charter of Heppner was read by tltle.
Cole said he thought not.
Kay declared the members should know
when they voted for charter bills whether
they were conferring rights to Tcgulatc
ealoons, especially regarding Sunday open
ing.
Smith declared that such regulation was
no localjrnatter, and that the Legislature
would have aa much right to allow a city
to license burglars.
Kay said that If the bills had not been
properly examined by the cities and towns
committee .he would insist that they bp
read in full. "We did not road all of
them for wo would have done nothing
else,' cried Chairman Jagger.
Cavender discovered a section in tho
Heppner charter bill which gave tho city
control over saloons, whereupon the bill
was re-referred.
Vawter said that in his Judgment char
ter afcts, being special acts would super
sede the "genornl state liquor act, known
as the local option law. He read from
the Medford charter bill provisions as to
the liquor traffic
Local Bills Passed by House.
SALEM, Feb. 1. (Special.) House
bills to amend the charters of tho fol
lowing cities and towns were passed by
tho House tonight: Yale, Antelope, Eu
gene. Hood River; and Senate bills,
Pendleton, lone, Springfield, Seaside,
McMinnville, Island City, Ashland, John
Day, St. Helens, Cornelius, Gresham
and Milwaukie. Other bills passed
were:
To increase salary of Wallowa Coun
ty Judge.
To decrease salary of Josephine
County Judge to $700; that of County
Clerk to $1200. and Sheriff to $1600.
To provide special fund for Columbia
County.
Authorizing a Deputy County Clerk
In Lincoln County at $50 per month.
To create a water commission for
Sheridan.
To fix the salary of Curry County
Commissioners at $250 and that of
Treasurer at $600-a year.
To Increase the salary of the Klam
ath County School Superintendent to
$1,000.
To make a 20 per cent cut In'Salarles
of Benton County officers.
To prevent stock from running at
large in Sherman County.
'The following Senate local bills were
passed:
Fixing the salary of Clatsop County
Clerk and Sheriff at $200d each.
Fixing the salary of the Baker Coun
ty School Superintendent at $1500 a
year.
To abolish the office of tho Baker
County Recorder.
To decrease the salary of the Sheriff
of Baker County to $600 a year.
Fixing the salary of the Deputy
County Clerk of Baker at $1200.
Opinion Differs on Commission.
EUGENE. Or., Feb. L At a special
meeting of the Eugene Commercial Club
the following resolution was adopted:
Whereas. The Eugene Commercial Club, be
lieving the commercial interests of the Wil
lamette Valley would be greatly benefited by
the establishment of an Internal commercial
commission, the deepening, dredging and im
provement of the Willamette River between
Portland and Corvallls, and the appropriation
of $25,000 for the same;
Resolved, That the representation from
Lane County in both houses of the Legisla
ture be requested to use their boat efforts to
secure the passage of House Bill Jfo. 241. In
troduced by Representative Cornett of Linn,
entitled, "An act to create a board of. interna
commerce commissioners, defining its dutlesf
directing and authorizing the opening, deepen
ing, dredging and improvement of the Wil
lamette River between Portland and Corvallls.
and appropriating $2S,000 therefor.
While the Commercial Club Is supposed
to reflect the business interests of tho
city of Eugene and county of Lane, this
action in support of such a measure
seems not to meet with the Indorsement
of taxpayers generally. Many havo ex
pressed themselves against the senti
ment of the resolution.
Hung Jury in Slocum Case.
NEW YORK. Feb. 1. The jury in the
case of Henry Lundberg. former Assist
ant Inspector of Steam Vessels, charged
with manslaughter in connection with the
; General Slocum disaster, disagreed and
were discharged. - '
SENATE VOTE CLOSE
Constitution Convention Bill Is
Put to Sleep.
BROWNELL MAKES BIG SPEECH
Senator Malarkey in Scathing Denun
ciation of Portland Ministers Who
Called in Question Honesty
of Supporters of the Bill.
SALEM, Or., Feb.j L (Special.) The
constitutional convention bill was- defeat
ed by the Senate this morning by a vote
of IS to 14, with three members absenL
Sixteen affirmative votes were necessary
to pass the bill, and it lacked three of
having that number. One of tho Senators
absent. Booth, of Lane, would have been
favorable, so that even with all present
the bill would have lacked two votes of
a sufficient number to pass It.
Brownoll's speech In favor of the bill
was the feature of the debate, and was
one of the best bratorlcal efforts that has
been heard In the Senate In many years.
A scathing denunciation of the Portland
ministers- who called in question the honor
and Integrity of men who favor the con
stitutional convention, was voiced by Sen
ator Malarkey, who charged the pulpit
eers with trifling with the truth and Jug
gling with the "reputations of men who are
trying to do their duty as they sec it.
"Men who will say things that are not
true without Investigating the facts are
as guilty of falsehood as men who first
Investigate and then make the assertions
knowing their falsity." exclaimed the
Senator from Multnomah, and ho charac
terized the assailing ministers as men so
narrow of mind that they cannot attrib
ute hone3ty of purpose to any one who
differs from them in opinion.
Before the discussion of the bill Senator
Brownell moved to strike out that pro
vision of the bill which requires that 30
of the delegates to the constitutional con
vention rhall be appointed by the Supreme
CourU saying In behalf of his motion that
the people can bo trusted to select the
delegates and that it would be extremely
unwise to provide any other method of
appointment. The provision waa stricken
out
In opening the discussion In behalf of
his bill, Senator Brownell said that he has
felt for many years that the constitution
should be amended because its provisions
arc so unsoilted to present conditions- that
It is being constantly violated.
"Every man who has sat upon the Su
preme Bench In this state In recent years,
almost every man who has occupied a
state office, and nearly every member of
a state Legislature, has openly violated
that fundamental law of the state," de
clared the Senator from Clackamas, "and
there are those, who expect us to go on
violating the constitution wc took a sol
emn oath to uphold, rather than draft a
new constitution which wo can obey."
He then cited the provisions of the con
stitution which he would havo amended,
mentioning tho following as sections
which are now being violated, or which
should be changed on the ground" of pub
lic policy:
The provision that all state institutions
shall be located at the capital.
The section fixings the salaries of the
state officers.
The section disfranchising negroes.
The section limiting the number of
members of the Legislature to SO.
The section making the Secretary of
State both purchasing agent and auditor.
The section prescribing tho method of
managing state land affairs.
The sections limiting the number of Su
preme judges to three and prescribing the
jurisdiction of Circuit Judges.
The .section prohibiting tho changing of
the compensation of the State Printer dur
ing his term of office and requiring that
hp be paid by rates.
He also advocated the insertion of a new
section which would enable the Governor
to veto single Items of appropriation bills,
a new section governing corporations j
that they can be compelled to bear their
just proportion of taxes.
"Just think, gentlemen, what this doc
ument is we are asked to continue in ex
istence. It was a very admirable docu
ment In its day. and was a credit to the
Intelligent and patriotic men who framed
it. But that Instrument was drawn
nearly half a century ago, before Lin
coln was elected, before slavery was
abolished, before a railroad connected
the Atlantic with the Pacific and before
industrial organizations had been formed
as they are known today. "We live in a
new age and under new conditions, and
we need a new constitution.
"It is nonsense to talk about the Legis
lature passing a flat salary law In the
face of the constitutional provision upon
that subject. The constitution fixes the.
salary of the Governor at $1500 a year,
of the Secretary of State at $1S00 and tho
State Treasurer at $S00. All of you know
that every man who has occupied tho of
fice of State Treasurer and has been
reasonably careful In the handling of
his money has grown Immensely rich.
Now, can you tell me how he does It on
a salary of $500 a year? '
"The section of the constitution govern
ing tho office of State Printer was drawn
years ago by an early incumbent of that
office. Everyone knows that th,o Print
er's office is an immense graft, so dis
graceful that such conditions would
cause the dead to turn over in their
graves even in Delaware and Pennsyl
vania. And yet we talk about honesty
and fidelity to the people."
Senator Brownell read a resolution
adopted by a Portland Christian En
deavor Society in opposition to the con
vention bill, and said that it grieved
him to be charged with trying to abro
gate the initiative and referendum and
laws enacted under it.
"Why, my dear friends." ho continued,
"It was I who introduced in this Senate
the resolution for the initiative and
referendum amendment, and when it was
first proposed, my volco alone was raisca
in its support. I still believe in tho lfiP
tiatlve and referendum, and before I
would do anything to Interefere with it,
I would cut off this right hand and this
left hand. It grieves me, Mr. President,
to have anyone mako the base insinua
tion that has been made by these Cbrls
tlon Endeavor people. I can only say
that there are people who go to church
and -who are highminded and honest,
who live outside of Portland."
Senator Pierce, opposed tho bill, admit
ting that there are a half dozen sections
of the constitution which he would llko
to see amended, but which he thinks
could be changed by proceeding under
the Initiative, thus saving the $100,000
which he said a constitutional convention
would cost. If a new constitution should
be drafted, it would bo rejected by the
people. He read a petition signed by 70
residents of Oregon City opposing the
convention bill, and asTied Senator
Browueir what he thought of that,
"I have only to say that down in Ore
gon City, as in other places you can get
signatures to any kind of a petition at
any time and for any purpose," was the
quick response.
Senator Malarkey favored the constitu
tional convention and said that the bill
had been favorably reported by unani
mous action of the judiciary committee.
His chief reason for desiring amendment
of the constitution is that the present
constitution Is being continually violated
and nothing Is more demoralizing than
open disregard of law. It Is a bad exam
ple, far-reaching in Its evil effectsr He
Insisted that tho constitution cannot be
satisfactorily amended by piecemeal, as
proposed by Senator Pierce, who has ad
mitted that at least a half dozen changes
should bo made.
Senator Rand praised the' present con
stitution as a proper instrument for the
time It was adopted, but Insisted that the
Legislature should not be called upon to
pass a law giving the Governor a salary
of $1500 a year, when the constitution,
which all members have sworn to up
hold, fixes the salary at $1500. He denied
that the purpose of this convention bill
is to abrogate the initiative and refer
endum, and said that if that clause of
the constitution Is as dear to the peoplo
as Its .friends contend it Is, they should
not be afraid to have it submitted to a
vote again.
Senator Miller opposed the bill upon
the ground that the people are not de
manding a constitutional convention.
Tho vote was as follows:
Ayes Brownell, Coc. Coke, Farrar, Hobson.
Hodson. Holman. Loughary. Malarkey. Rand.
Sichel, Whealdon and President Brownell 13.
Noes Avery. Bowcrman. Carter. Coshow.
Crolsan. Haines". Howe. Laycock, Miller. Not
tingham. Pierce. Smith. Tuttle, Wright 14.
Absent Booth. McDonald, Mays 3.
APPEAL TO THE COURTS.
Constitutional Convention Advocates
Say Violations Must Cease.
SALEM, Or., Feb. 1. (Special.) Advo
cates of the constitutional convention who
were turned down In the Senate today,
say that payment of money from the
state treasury In contravention of the
present constitution, will be enjoined by
sults In the courts. This applies par
ticularly to payment of unconstitutional
salaries and to appropriations for state
Institutions located away from the stato
capital. Flagrant violations of the corf
stltutlon must cease, is the word that has
gone out, and if this cannot be accom
plished by amendment of the constitu
tion it will bo by appeal to the courts.
"A movement is on foot," said Senator
Brownell this evening, "to enjoin pay
ment of any money from the treasury of
the Stato of Oregon-in violation of the
constitution. Thero are people In this
state who are getting tired of this dis
regard of law, and they propose to see It
stopped.
"We havo been going on here for years
and years, paying unconstitutional sal
aries and making appropriations for pub
lic institutions away from the capital. At
every session of the Legislature appro
priations are made for several normal
schools and other institutions, all ot which
are located away from the seat of govern
ment in contravention of the plalrty and
direct requirements of the fundamental
law of this state.
"Efforts have been made a number of
times to call a convention so as to amend
the constitution, but these efforts have
been defeated, and defeated by men who
ask that appropriations be mado contrary
to tho constitution which they refuse to
have changed.
"When the convention bill was voted
upon la the Senate today. Senators Pierce,
Smith and Carter, who come from coun
ties where there are normal schools, vot
ed against the measure- Their votes
would have carried the convention bill,
but they are unwilling to have the consti
tution amended and want appropriations
made in violation of it.
"We have been going on here for nearly
50 years under the, burden of the gigantic
graft In the Stato Printer's office, and
tho Legislature will neither give relief
nor call a convention so that the consti
tution can be amended.
"Under various subterfuges we have
been paying unconstitutional salaries to
state officers, but that is going to stop.
It is against normal schools that the first
move will be made, for it is felt that
there is the least reason for their con
tinuance. Suits mentioned by Senator Brownell
will be brought In pursuance of the de
cision of the Supreme Court in the East
ern Oregon Asylum case. In which the
court rendered a decision perpetually en
joining expenditures of state funds for
building of an asylum In Union County.
The court held the appropriation for this
purpose was invalid, because in jcontra
veation of that section of the constitu
tion which requires that all state institu
tions shall be located at the scat of gov
ernment. CRANG DISPLACES THOMAS.
Object of New Port of Portland Com
mission Bill in House.
SALEM, Or., Feb. 1. (Special.) A new
Port of Portland Commission is named In
the House bill introduced by Bailey, of
Multnomah, this morning. C. F. Adams,
C. F. Swlgert, John Driscoll, T. H. Crang,
Archie Pease, Herbert Holman and P. L.
"Willis are the names presented.
The new Commission Is given tho same
powers as the present Commission. Every
member of the Commission is also to be
a member of an executive committee for
the transaction of business.
Only two new names are on the list.
Captain Crang has been put on in placo
of G. B. Thomas, who Is reputed to have
been "at outs" with the other members
of the Commission for several months.
Thomas has, therefore, been forced out
by the faction in control.
Herbert Holman is to succeed Captain
E. "W. Spencer. But unlike the Thomas
case this Is with the acquiescence of Cap
tain Spencer.
Spencer was dropped from, tho com
mission because he declared ho would not
stay on unless Driscoll, Thomas, Swlgert
and Adams were thrown off. But the
delegation did not wish to make so sweep
ing a cleanup. The political organization
of Multnomah County will now be able to
organize the commission, since it will have
four of the seven members, as follows:
"Willis, Holman, Crang, Pease.
The Swlgert element, which has con
trolled tho board, will be in a minority.
Strong forces In the delegation succeeded
in keeping Driscoll on the board, although
he was an enemy of the present organiza
tion in the last primaries and election.
Leaders of the delegation took the view
that as they would havo four members
of the commission, they could safely af
ford to let Driscoll stay on and also Swl
gert and Adams, who, together with
Thomas, controlled the last commission
In defiance of the political organization.
"When the last commission was appoint
ed the selection of tho board was not
given the study It should have received
from the delegation, and they have been
sorry ever since. But this time the fences
are In good shape.
Dobbins' bill for assessment and taxa
tion of migratory livestock, passed the
House today, and as its author stated on
the floor. Is aimed at sheepowners. It
provides that at the time fixed for as
sessment the sheep shall be assessed as
belonging to the county In which they are
found, and when they enter another
county they shall be assessed and taxed
for the time they remain therein, the
revenue to go to a migratory stock fund.
On their returning to their home county,
their owners are to be compensated out
of the home 'migratory fund.
Money Lent by fhe State.
SALEM. Or.. Feb. 1. (Special.) Tho
State Land Board has approved 2S loans
from the school fund, amounting to
$46,450. This is the largest amount ap
proved of by the board for several years.
PARKS ON EAST SIDE
Amendment Made to Bill for
Bonding Portland,
BOARD IS GIVEN DISCRETION
Fair Grounds Can Be Purchased or
Not, Just as the Members See
FitVote to Be Taken
Next June.
SALEM, Or., Feb. L (Special.) The
bill for bonding the City of Portland for
the purchase of park grounds will be
worded so as to give tho Park Board dis
cretion In the purchase of whatever
tracts It may deem advisable, provided
at least $100,000 of the $325,000 received
from the sale of bonds shall be ex
pendod on the Bast Side- In that shape
the bill will probably be agreed on by
the delegation and submitted to the elect
ors of the city next June.
Speaker M1I13 has cut from tho bill the
reference to the Fair grounds and allowed
tho Park Board to buy those grounds or
not, as It sees fit. This will remove the
opposition offered by several of the dele
gation, who contended the city was put
ting Itself in position to be held up by tho
owners of the Fair grounds. Though the
delegallon split evenly on tho bonding bill
last night, tho majority probably favors
tho measure. Speaker Mills' amendments
will mitigate the opposition.
Even if the delegation should split, the
Legislature Is likely to take the view that
inasmuch as the bill is to be submitted to
the electors of the city the electors
should decldo for themselves.
Eighteen members of tho delegation
split evenly last night, but Holcomb and
Bailey, of the opposition, said to-night
they were In favor of the new bill, and
Hudson and "Welch that they would ac
cept the will of the majority. Mulr, who
was absent last night, favors the meas
ure. Mayor "Williams and City Auditor
Devlin will arrive in the morning to as
sist In drawing up the amended measure.
The delegation has decided to submit to
the electors also the question whether
the district between East Thirty-ninth
street and the Section Line. 200 feet east
of West avenue. Base Line road and Haw
thorne avenue, shall be annexed to the
city. Electors not only of the district but
also of Portland will vote on the question.
Senator Coe says the district desires an
nexation chiefly for sewerage.
Another district proposed for annexa
tion lies between the boundaries of Port
land and St. Johns.
Speaker Mills Introduced a bill this
morning containing the well-known char
ter amendments which have been dis
cussed for two months past. Another
charter amendment is In preparation au
thorizing the Council to levy a two-mill
tax annually for bridges costing not less
than $15,000 each. Tho Colwell bill pro
viding for bridges costing not less than
$30,000 will be dropped.
A separate question will bo submitted
to voters as to whether bridges built un
der the district assessment plan shall be
paid for out of the two-mill tax fund. If
this chango shall be ratified next June
propertyowners who will have paid bridge
assessments will be reimbursed. No
emergency clause will be attached to any
chartor amendment, for all will be put
before the voters in tho next city elec
tion. TO ABOLISH HUME'S MONOPOLY
Houss Passes Bill Repealing Exclu
sive Rights on the Rogue.
SALEM. Or.. Feb. 1. (Special.) To
abolish R. D. Hume's salmon monopoly
on Rogue River the House this morning
passed a bill of Representative Burns of
Curry repealing an act of the Legislature
of 1S90 which conferred on riparian own
ers on Rogue River in Curry County
"exclusive right and privilege of fishing
for salmon fish with seines and nets and
hauling and landing seines and. nets on
said (riparian) lands."
The debate was lurid, but on the rollcall
only six members of the House voted
against passage Bailey. Henderson,
Jayne, Mayger, Mears and Mills. The
ayes were 49.
Those who spoke for tho bill were Burns
of Coos, McLeod of Union, Smith of
Josephine and Bingham of Lane. Those
who spoke in opposition were Bailey of
Multnomah. Mayger of Columbia and
Jayne of "Wasco.
Hume has been in Salem the past ten
days, but has not been seen much this
week on account of Illness. He declares
that the rights which were conferred by
the Legislature of 1SD9 are now vested in
him and that the Legislature cannot cut
them off. He argues on the assumption
that the act of 1KB Is constitutional. The
courts of the state have not determined
that question, although the Supreme
Court has decided that Hume possesses
the exclusive rights so far as the phrase
ology of the act can confer them. The
question whether the act is constitutional
Is now up In Judge Hamilton's court in
Curry County, In a suit brought by Hume
to prosecute -what he considers trespass
on his rights by gillnctters.
The debate In the House shook things
up somewhat and broad insinuations
wero thrown out by Burns that Hume's
money was having Influence on the op
ponents of the bllL
The committee on fisheries reported the
bill without recommendation In order,, as
Chairman Mayger said, to throw the
question open to debate on the floor of
tho House. Several days ago the House
passed Mayger's bill to give riparian own
ers on the Columbia exclusive rights
against traps and the landing of nets on
their holdings. Opponents of the antl
Hurae bill contended that the Legislature
could not consistently deny such rights to
riparian owners on the Rogue and grant
them to the same class of owners on the
Columbia.
This was the attitude of Mayger. who,
though not approving Hume's monopoly,
contended that Hume and other riparian
owners should have the same privileges
as those on the Columbia. Should the
Burns bill become a law another bill will
probably be Introduced to that end.
Tomorrow afternoon at 3 o'clock has
been appointed as the time for a discus
sion of the bill of Kllllngsworth, of Mult
nomah, which provides regulations for
rates to be charged by main line rail
roads on freight cars coming to It from
a connecting, side or feeding line. The
passage of the bill has beeriurged by peo
ple interested in railroad projects in the
Tillamook country, who fear the Southern
Pacific will charge prohibitive rates on
freight after It Is turned over to that line.
"When the bill came up for final pass
age this afternoon Kllllngsworth read a
telegram from "W. D. Fenton, attorney of
the Southern Pacific, asking that he be
given time to protest against the passage
of tho bill as It stands. This was granted
on request of Kllllngsworth, who asked
that every member so Inform himself on
the provisions of the bill that he could
vote for Its passage.
By the bill Introduced by Sonnemann. of
Douglass, this morning, the City of Rose
burg Is given authority to buy or build
and operate the water and light systems
jof the town. The people are to decide at
a general election or at a special elec
tion called for the purpose whether these
plants are to pass into municipal owner
ship. The House this afternoon sat down hard
on the bill of Cornett. of Linn, which au
thorised the appointment of a Board of
Internal Commerce Commissioners and
appropriated $25.0fO for the opening of the
"Willamette River from Portland to Eu
gene. The vote was 50 nays to six ayes,
the "ayes" coming from Burns, of Coos,
and Curry. Cornett. Dobbin. Killings
worth, McLeod and Vawter.
Cornstt declared that the upper "Willa
mette ,was open only four or live month?
each year, and that Linn County had
never received an appropriation, "except
$100 for a soda spring, which npbody In
the county, except those In Sodavllle
cared about, and which wasn't worth six
bits."
But Smith, of Josephine; Miles, Bing
ham and Bailey alt spoke against the
measure. and though Kllllngsworth
warmly urged Its passage, his efforts were
useless.
A bill of Representative Stelner's fixing
term? of Circuit Court beginning on tne
second Monday In May and the third
Monday ip October, passed the House this
morning.
To permit District-Attorneys and their
deputies to bid in for counties, lands 'sold
for delinquent taxes, a bill of Representa
tive "West's passed the House today. Un
der the present law the County Judge Is
required to do that function, but some'
times is not present.
A bill to empower juries to tlx punish
ment In criminal trials was Indefinitely
postponed by the House this morning. The
bill came from Smith, of Josephine.
A bill to permit real property of dece
dents to be sold before personal property
for satisfying debts pussed the House this
morning without opposition. The bill was
Introduced by Mulr, of Multnomah, wno
was absent and whose place In explaining
the measure was filled by Vawter, of
Jackson. Under the present law personal
property must be disposed of first, but
because it Is often the more profitable
part of an estate real property could be
disposed of first with better advantage.
"Tho matter should be left to the dis
cretion of executors and probate courts
and those especially concerned." said
Vawter. In urging passage of the bill.
School-tax levies will continue to be
fixed by taxpayers of districts, for the
House this morning Indefinitely postponed
a bill which proposed to place that func
tion In the hands of school boards. Tho
bill came from Senator Smith, of Uma
tilla, and passed the Senate last week.
The measure was reported adversely by
the House committee on education.
Action Taken on House Bills.
SALEM. Or.. Feb. 1. (Special.) Action
was taken on bills in the House as fol
lows: H. C. B. 25, by Cooper That Congress be
asked for appropriation for investigation of
shellfish oh Oregon coast; referred. - -
H. B. 103, by Smith of Josephine To em
power Juries to fix punishments; Indefinitely
postponed.
H. B. 180. by Carter To amend code on dls
tric school libraries; reported favorably.
H. B. ISO, by Bingham To exempt certain
mining corporations from annual license; re
ported favorably.
8 .B. 50, by Smith To amend code oh school
district levies: Indefinitely postponed.
S. B. 63, by Malarkey To prevent robbery
on trains; reported with amendment.
S. B. 65. by Miller To require schoolteachers
to give 30 days notice before resigning: re
ported favorably.
F. B. C8, by Nottingham To prevent sale of
adulterated oil: reported favorably.
S. B. 74, by Holman To provide for punish
mcnt of persons responflbl- for delinquency
of children; reported favorably.
S. B. 305. by Coshow To prohibit shooting
on or from hlghwa; reported favorably.
S. B. 160. by Pierce To provide for organ
ization of Fourth Eastern Oregon Dlstriet Agri
cultural Society; reported favorably.
S. B. 143. by Pierce To appropriate $23,000
for operating portage railway; reported favor
ably. H. B. 147, by Von der Hcllen To provide for
Deputy Fish Warden in Southern Oregon;
failed to pass.
Bills Passed by the House.
SALEM. Or., Feb. 1. (Special.) The
following bills passed the House today:
H. B. 237. by Dobbin To provide assessment
and taxation of livestock.
H. B. 170. by SItz To protect raisers of cat
tle and horses.
HB. 205, by Kay To amend code on assess
ments and Board of Equalization.
H. Be 2S0. by Mulr To amend code on ap
peals from, justice cotlX.
H. B. C5. by Miles Ttf protect forests against
fire.
H. B. 10 i. by Mulr To authorize real prop
erty of decedents to be sold before personal
property.
II. B. 118. by Steiner To change dates ot
Circuit Court In First Judicial Dlstri&t
H. B. 313. by West To amend code on sale
of tax lands.
H. B. 15. by Burns of Coon and Curry To re
peal law protecting salmon In Curry County,
and repealing riparian rights law.
H. B. 224. by Smith of Josephine To prohibit
corrupt use of money at elections.
H. B. 150. by Smith of Josephine To provide
fee for attorneys practicing In probate courts'.
H. B. 230. by Bailey To regulate the em
ployment of child labor.
H. B. 250. by Settlemler To fix box of hops
at CO pounds.
H. B. 35 (substitute), by Jaggar To regulata
speed ot automobiles. N
H. B. 165 (substitute), by Huntley To amend
code on pharmacy.
Bills Passed by t.iz Senate.
SALEM. Or., Feb. 1. (Special.) Bills
were passedSby the Senate today as fol
lows: S. B. 105, by Smith To regulate Sheriff's
fees In Umatilla County.
S. B. 206. by Rand To amend the Baker
City charter.
S. B. 217. by Bowerman To amend the char
ter pf Olex.
S. B. 218. by Laycock To amend charter of
Canyon City.
S. B. 71, by Coshow To repeal law requiring
traction engines to carry planks to lay on
bridges.
S. B. 170, by Band (by request) To license
peddlers.
S. B. 153, by Bowerman To transfer money
from "Wheeler County to Gilliam County.
S. B. 192, by Coshow To repeal closed sea
son for salmon trout.
S. B. 177, by Tuttle To make, certificate of
Master Fish Warden admissible aa evidence.
S. B. 221. by Malarkey To incorporate "West
Seaside.
3. B. 23. by Crolsan To authorize payment
of an Indian War bond to Mrs. Amanda J.
Hcrren.
S. B. 100. by Coe To define and punish for
nication. New Bills in th. Senate.
SALEM. Or.. Feb. 1. (Special.) Bills
were Introduced In the Senate today as
follows:
S. B. 224. by Pierce To appropriate $50,000
for normal schools.
S. B. 225. by Band To amend the code rela
tive to descent and distribution of property.
S. B. 226, by Loughary To amend the laws
relating to expend! turn of county road funds.
S. B. 227. by Haines (by request) To regu
late the width ot tires on wagons.
S. B. 22S. by Haines To amend the charter
of Pacific University.
Killed in the Senate.
SALEM, Or., Fob. 1. (Special.) Two
bllte were killed by the Senate today.
They were:
S. B. ISO. by Brownell For a constitutional
convention.
H. B. 61. by Mears To permit. corporations to
act as administrators.
POLL ON EXTRA SESSION
STRONG SENTIMENT FAVORS RE
ASSEMBLING IN THE FALL.
Leaders Say That Subsequent Events
Will Nullify All Present Ad
verse Criticism.
SALEM. Feb. 1. (Special.) A poll of
both houses of the Legislature is being
made to ascertain whether a majority
can bo secured for the reassembling- of
the Legislature in November or Decem
ber. A strong sentiment has been
found in favor of the proposal. A can
vass has not yet proceeded far enough
to determine how the members stand,
but the leaders in the movement have
hopes of success.
One ot the plans is to adjourn ten
days early until some time in Xovem
'ber, when a short session will be held
to transact any business that may be
presented. Consideration of possible
vetoes of the bills after adjournment
of the regular session and passage of
bills that might arise from emergencies
would be the principal matters for
which the extra session would bo hld.
By next week the canvass will have
proceeded far enough; to show whether
the plan Is feasible.
Leaders in the movement expect that
another session of the present Legisla
ture would encounter some criticism
for the time, but that subsequent
events would justify their cause.
S. C. R. 22. Booth, to direct the Gov
ernor to appoint a commission of five to
Investigate the subject of building a per
manent highway from Portland to the
state line was adopted by the Senate to
day. The resolution directs the Governor
not to make any contract for convict la
bor extending beyond July 1, 1907".
Judge T. A. McBride got a raise ot $1000
a year In his salary today, by the pass
age of H. B. 103. in thd Senate. The bill
provides that Judge McBride shall re
ceive ?30CO a year from the state and
5250 each from Washington. Clackamas,
Columbia and Clatsop Counties.
Senator Malarkey's bill incorporating
the town of West Seaside is intended for
the protection of persons owning Sum
mer cottages at that coast resort. The
new town is to Include the portion of
Seaside occupied by Summer -cottages.
All persons over the age of 21 who have
owned real property In tho town for six
months are declared to be legal voters
at municipal elections, and no term of
residence is required.
Senator Pierce today withdrew his bill
introduced a few days ago for the crea
tion of a special Xormal School fund ot
$30,000. and introduced another making a
standing annual appropriation of 550.000
from the general fund for formal School
purposes.
There is no provision in the bill as to
the amount that shall be used in each
Normal school, and it Is evident that
the bill Is intended to be supplementary
to one heretofore Introduced placing all
the Normal Schools under the control
of one board ot trustees. If the consoli
dation bill should not pass, thl3 one would
be Ineffective.
After many vicissitudes. Senator Coe's
bill for the protection of girls under th
ago of 18 years passed the Senate today,
with some amendments.
New Plan for Registration.
SALEM. Or.. Fob. . 1. Special.) An
other plan ha3 been proposed by which
voters In counties of less than 73.0X) popu
lation need not register more than once
so long as they remain In the same pre
cinct. Representative Richie, of Marlon,
this morning put in a substitute to hi3
former bill, in which Representative
Smith, of Josephine, and Mulr, of Mult
nomah, found fatal defects. The ney
measure provides that any voter not re
siding In a city or town who has legally
reglstered need not again register, pro
vided that within the time required for
registration he shall certify to the County
Clerk that he resides in the same precinct
as when registered. Upon receipt ot this
certificate the voter's name shall be
placed upon the register. The certificate
shall be In the following form:
"State of Oregon. County of . Pre
cinct , ss.: I , hereby certify that
I registered as an elector In the year
19, from , voting precinct. In
County, Oregon; and I still reside In said
precinct. In the quarter of section ,
township of range . ELECTOR."
New Bills in th House.
SALEM. Or., Feb. 1. (Special.) Bills
were Introduced In the House today as
follows.
H. B. ,303. by Speaker Mills To amend char
ter of Portland.
H. B. 135 (substitute), by Kllings worth To
provide regulations for railway hauling freight
from connecting lines.
H. B, 304. by Cavender To Incorporate Hal
eey. Llnn County.
H. B. 305. Sonnemann To authorise City of
Roseburg to operate water and llglit systems.
H. B. S06, by Mayger To distribute among
the counties of the state the money derived
from the sale of public lands.
H. B. 307. by Burns-of Clatsop To provide
additional Jud&e for Fifth Judicial District.
H. B. 308. by Bailey To create new Port of
Portland Commission.
Smith of Michigan Seriously III.
WASHINGTON". Feb. 1. Representative
Smith, of Michigan, Iz ill with pneumonia
at his apartments in this city. His condi
tion is considered grave
BLOOD KILLS GERMS
Good Blood Made by Good Food.
If one can surely turn food into good
red blood It will combat any and every
disease known and conquer completely
more times than the 'disease will win.
Any physician will tell you that good
rich blood and plenty of it is the 'best
germicide known and surely and safely
cures disease when medicines fail, so the
effort cf the doctor is to give food that
digests and quickly makes blood.
No food ever discovered will do this
as certainly as' Grape-Nuts, which is pre
digested at the pure food factories where
It is made.
One of the many Illustrations is that of
tuberculosis, which refuses to yield to
medicine but must give way to good blood.
A man from Philadelphia writes:
"I have been fighting tuberculosis for
some years and with a weak stomach
was losing ground slowly every year. I
had tried all kinds of food and Anally got
so far along with the disease that mc.
stomach, liver, kidneys, bowels and lung3
were affected. My stomach got to a point
where is would retain no food but pep
tonized milk and I was down to 90 lbs. In
weight. The doctors said about two years
ago that I bad but a month or two. more
to live. About that time I was put on
Grape-Nuts and cream. It never showed
the first sign of coming up, but agreed
from the start, and In a few days. I began
to feel increased strength so I kept on,
with the result that the healthy blood
has driven the disease from every organ
of my body except the lungs and is slowly
driving It from them. I have gained great
ly in vitality and strength and added. 29
.lbs. to my weight. If I can keep on
as I have been, it seems clear that I will
get entirely well, thanks to old Dame
Nature, whose work was made possible
by food I could digest." Name given by
Uostum Co., Battle Creek, Mich.