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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 7, 1905)
THE MORNING QKEGONIAN, TUESDAY, FEBRUARY 7, 190o. PASS OVER VETOES Senate Has Its First Clash With the Governori REPUBLICANS NEARLY A UNIT Bills Call for Material Testing Plant at University, and Authority for Lewis and Clark Corporation to Condemn Property. SALEM, Or., Feb- C (Special.)' Two bills passed over the Governor's veto to day in the Senate and were made a spe cial order in the Housa for tomorrow. The vote in the upper chamber on one vetoed bill wag 23 to 3, and on the other 2C to 3. These, bills marked the first clash be tween the present Legislature and the Governor, and the first fulfillment of the Republican threat in the Legislature to override the Governor's veto. Republi cans lined up at once in the Senate and in the House are counting noses for the test tomorrow. One of the vetoed bills was that of Senator Booth's to appropriate $5000 for a plant at the State University for test ing timber and stone; the other was Malarkey's bill authorizing the Lewis and Clark Fair Corporation to condemn lands for the Exposition. Senator Booth's bill was passed with the understanding that the National Govern ment would detail an expert engineer to tupervise the testing plant. Governor Chamberlain, in his message to the Legis lature, said that the promise was un certain of fulfillment and the arrange ment was "loose and unbusiness-llke." "Besides," said the Governor, "there is established at the Oregon State Agricul tural College a plant for this very pur pose. True, it is not as large as the one contemplated by the present act, but it has cost the state a considerable sum of money. The state has invested for the purposes of instruction in wood and iron at the latter institution $12,000, and the machinery is Installed there in a $20,000 building, and it does seem to me that the moneys which have been expended ought to be utilized without establishing a lab oratory at any other point." When the veto message had been read, enator Booth explained that the purpose of his bill is to provide some place in Oregon where -timber and stone can be tested in order to determine by recog nized official authority its durability and value for building purposes. The testing plant at Corvallis, he said, Is not com plete nor adequate for this purpose, and the only machinery west of the Rocky Slountalns of the kind mentioned is at the University of California. Senator Booth said that when the United States Custom-House at Portland was constructed, the floors were not made from Oregon lumber because the Gov ernment had no definite information as to the durability of Oregon lumber. The testing station is designed to aid the commercial interests of Oregon by placing before the people of this country the best (obtainable information concerning the character of Oregon building materials. Senator Miller made a short address in opposition to the bill, calling attention to the fact that appropriations are growing rapidly, and that the appropriations at this session will exceed $2,000,000. The bill passed over the Governor's veto with 24 affirmative votes, the only negatives being those -of . Senators Avery. -.Howe" and Miller. " . On Malarkey's bill the three votes In favor of sustaining the veto were those of Senators Miller, Pierce and Smith, all Democrats. The chief reason for the veto was that the bill gives the corporation power to condemn property in fee simple, "while the corporation will be In existence but a few months. In explaining the bill Senator Malarkey said that it was the original in tcntion to have the bill provide for a term of years, but there was doubt whether property can legally be condemned in that manner, and the bill was drawn as pre sen ted. He said that the corporation has no desire to hold land indefinitely, but in condemning must proceed according to law. As soon as the bill had been received from the Governor and the veto message read Senator Malarkey explained tnat the purpose of the bill Is to prevent the Lewis and Clark Fair Corporation from being held up for more than the value of property it may need. "As every one knows, many states are making appropri ations for state buildings, and It Is be coming a serious question whether there will be room on the grounds for all the buildings the several states may wish to erect. If they must buy adjoining lands and have no power of condemnation the propertyowners may hold the corporation up for much more than the value, because the Fair must have the land, at whatever cost. This proposed law will prevent any one from .exacting an exorbitant price.' Senator Fierce expressed a desire to support the bill, but asked for time to con sider the Governor's veto. He moved to make the bill a special order for tomor now afternoon, which motion was voted down. A motion by Miller to lie on the table until tomorrow morning was also defeated. In one more effort on the part of the Democratic members to gam time, Smith moved that a committee of three be appointed to confer at once with the Governor regarding his objections. i.nc motion was cajnea oy a narrow majority, and the President appointed Senators Smith, Malarkey and Booth Senator Booth was excused at his own re quest, because he had other business re quiring his immediate attention, and Sen ator Brownell was appointed in his place. After the committee reported. Senator Pierce said that because the Senate has refused to take more time to consider the bill he must vote against the bill. Addresses were made In behalf of the bill by Senators Brownell, "Whealdon and Haines, and upon final vote the bill passed with the support of all Senators except Miller, Pierce and Smith. Senator Mays was absent. The Governor's veto message was as fol lows: The corporation named therein Is a pri vate corporation, organized under the laws of the State ot Oregon, for the purpose of holding an Exposition, and this purpose will have been practically subserved when the Exposition terminates in October. There can bo no necessity for appropriating In lee any lands in the City of Portland for the purposes of the Exposition. There might be Eome reason for authorizing the use of cer tain properties at or near the Exposition grounds for the term or Ave or six months, or during the time necessary for the holding or the Exposioon, out a higher right than that ought not to be granted by the Legls lature. -The power of eminent domain con templates the taking of private property for a public or quasi-public use. and ought to be restricted rather than extended. IRRIGATION CODE CANNOT PASS United States Will Be Given Power to Condemn Water Rights. SALEM. Or., Feb. 6. (Special.) N irrigation code will be passed at this ses slon of the Legislature, but an act will be passed granting to the United States the power to condemn any water right that may be necessary in the prosecution of its reclamation work, ' and an appropria tlon of .$5000 to $10,000. a year will be made for hydrographlc survey work. This was the conclusion of the joint irrigation com mittee tonight, when Cole's H. B. 51, for an irrigation code, was given its final hearing. "While the members of the irrlgatl&n committee, express regret at finding It necessary to reject the work of the State Irrigation Commission, appointed in pur suance of an act of the last Legislature, they say that it was Impossible to ap prove of the bill drawn by the commis sion. There were a number of serious ob jections to the bill, almost any one of which would have caused rejection. The principal objection features were: The great power placed in the hands of the State Engineer in the control of the water rights. The abolition of riparian rights as they have been recognized by the courts. The requirements that the Attorney- General shall bring suits to determine water rights on all the streams of the state, making all persons claiming water rights parties to the suit. The authority given an Individual to condemn water rights for practically prl- ate use. The third feature mentioned was prob ably the most objectionable to the com mittee, for It was generally believed to be an Injustice to compel persons who are in the peaceful possession of water rights to go to the expense of litigation in order to protect those rights when no one is claiming an adverse Interest. That portion of the bill which provided for a hydrographlc survey for the purpose of ascertaining the amount of water now and water power in the various streams met the favorable consideration of the committee, and a bill will be Introduced, carrying an appropriation of perhaps $10,000 a year, for work of this kind, under supervision of the United States Geologi cal Survey. The Government agrees to spend dollar for dollar with the state In hydrographlc work, and advantage will be taken of this offer. Government irrigation experts say that the reclamation service hesitates to en ter upon work in this state with the laws In the present condition, for the Govern ment might find Itself hindered by own ers of water rights who would not sell at reasonable figure. In order to meet this situation the committee will report favorably a bill giving the Government right of eminent domain In this state for reclamation purposes. Bills Passed by the House. SALEM. Or., Feb. C (Special.) Bills passed the House today as follows: H. B. 2C2. by Stelner To make counties and municipalities liable for raids on live stock to 50 per cent of value of such live stock; vote -51 to C. H. B. 284, by Newell To prohibit float ing bawdy houses; 54 ayes. G absent. H. B. 201. by Jayne To punish injury to water ditches; ayes 54, absent 6. H. B. 259, by Hermann That lands ap propriated for county roads may be re turned to owners when lands are not used for five years for that purpose; ayes 52, nays 2, absent 0. H. B. 315. by Miles To increase salary of Sheriff of Yamhill County. H. B. 1C6, by Richie To regulate regis tration of electors so that voters need not register again while continuing to live In same precict; ayes 45, nays 8, abent T. H. B. ICS, by Shook To provide for reor ganization of Southern Oregon Agricultural Society. H. B. 243, by Shook To increase salary of Klamath County School Superintendent. H. B. 248, by Cooper To increase sal ary of Lincoln County Judge. H. B. 152, by Huntley To amend direct primary law. H. B. 258. by Cornctt To provide for perpetuation of church organizations. II. B. 180, by Carter To provide special tax for district school libraries. II. B. 230, by Laws To remove trap pil ing in Columbia River. H. B. 271, by Vawter To create Joint Board of Normal School Regents. H. B. 200, by Jayne To amend code re lating to Irrigation ditches. II. B. 302, by West To empower munici palities to condemn watcrworKs ana sys terns; 41 ayes, 11 nays. H. B. 293. by Bingham To amend char ter of Cottage Grove; 55 ayes, 5 absent. H. B 289. toy Jayne To provide for coun ty fruit Inspectors; 40 ayes. 15 nays. H. B. 284. by Newell To prohibit floating bawdy houses. New Bills fn Senate. SALEM. Or., Feb. . (Special.) New bills were Introduced in the Senate today as follows: S. B. 239, by Brownell Extending the Initiative and referendum power to the peo ple of municipalities. S. B. 240. by Wright To regulate the use of traction engines on county roads. S. B. 241, by Wright To amend McMlnn vlllo charter. S. B. 242, by Laycock To protect live stock against diseases. S. B. 243. by Croisan To relinquish to the City of Salem control of the state sewer from the prison and the asylum. S. B. 244. by Rand To permit a major ity of the directors of a mining corporation to reside out of the state. S. B. 243. by Carter To amend Medford charter. S. B. 24C, by Carter To regulate the con struction of barb-wire fences west of the Cascade Mountains. S. B. 247. by Carter (by requcst)--To amend the code relative to the appointment of a Deputy Forest Warden. S. B. 24S, by Brownell To provide the manner of charging Juries. S B. 249. by Tierce To Incorporate tho Little "Walla Walla irrigation district. Bills Filed by the Gpvernor. SALEM, Or.. Feb. 6. (Special.) The fol lowing bills were filed by the Governor with the Secretary of State today: IL B. 213. by Kuney To incorporate Wasco. H. B. 170. by Cooper To Incorporate New port, H. B. 20S. by Newell To appropriate j2M0 for agricultural institutes. H. B. 3. by Vawter To authorize State Land Board to execute certain papers without ac knowledgment. H. B. 43. by Burns of Clatsop To prohibit driving of salmon from protected waters. H. B. 40. by Jagger To authorize County Courts to appropriate money for road purposes. S. B. 20. by Croisan To lower fees of Coun ty Recorders. H. B. 120. by Graham To pay Susan B. Jonea Edna Tiffany and Sylvia E. Ferrell, each $1000. H. B. 70. by Mayger To abolish fishery boun ty fund. H. B. 76. by Mayger To change time of Lewis and dark Fair. Routine of the Senate. SALEM, Or.. Feb. 6. (Special.) The Senate was opened with prayer by Rev T. F. Royal. H. J. M. 5, asking Congress to cede con trot of water powers to the state, was referred to the committee on resolutions. . The Senate concurred in the adoption of H. C. R. 25, for protection of oysters. S. C. R. 24, by Miller, directing that all normal school appropriations be presented In separate bills, was referred to the committee on resolutions. Bills were indefinitely postponed in the Senate today as follows: S. B. 226, by Loughary. prescribing the manner .of expending county road funds. S. B. 227, by Haines, regulating the size of loads to "be hauled upon wagons on the nubile roads. S. B. 179, by Croisan, to repeal the law requiring a census to be taken In 190a. Bills Passed by the Senate. SALEM, Or.. Feb. 6. (Special.) Bills were passed by the Senate today as fol lows: S. B. 249. by Pierce To Incorporate Lit tie Walla Walla Irrigation district S. B. 216, by Tuttle To lncorpdrate War ronton. S. B. 223, by Hobson To fix boundary between Marlon and Linn Counties. S. B."149. by Haines For relief of Louis Vcrhaag. New Bills' in the House. SALEM, Or.. Feb. 6. (Special.) The following new bills were Introduced this morning: H. B. 112 (substitute); by West To authorize appointment of Water Commission for Tllla xnook City. ' H. 3. 329, . by Kuney To amend charter ot Moro, Sherman County.. w , , NOT TO MEET AGAIN Legislature Will Adjourn Feb ruary 17, Without LTay. LEASERS REACH A DECISION Other Action Would Prejudice the Case of. Senator Mitchell, and Acts Passed .Might Be Held Up Unnecessarily. SALEM. Or.. Feb. 6. (Special.) That the .Legislature will adjourn February 17 without day was Indicated tonight at a conference of the leaders of both houses. The ruling sentiment was for ending the work of the Legislature one week from next Friday and not one dissenting opin ion was expressed. This means that the Legislature will not meet again next November and that it will not reassemble unless convoked by tne Governor. At the conference were President Kuyk- enaaii, speaker Mills, Senators Hodson, Rand, Holman and Booth, and Repre- sentatlves Llnthlcum. Kay. Vawter. Balley and Bingham. That other Legis- lators will concur In the decision renhA tonight there seems little doubt, there- fore It appears settled that the Leglsla ture will not adjourn to. any set date. in tne past week members of the Sen ate and House have been polling the two cnamoers on the question of another-ses slon next Winter and were understood to have found stroncr sentiment for mptimr again: Indictment of Senator Mitchell was the real cause of the movement and I the promoters of the nlan nrofessed fear that the outcome of tho. nroseeutlon wmiirt necessitate election of another United States. Senator before the next Leeisia- ture should meet They desired the Leels- lature to choose a Republican instead of the Governor's choosing- a Democrat. But the men In conference tonight de- clued that such action by the present Legislature would ill become the Repub- ncan members, that It would set up preju- dice to the damage of Senator Mitchell and the Republican party, and that It would be" a virtual admission that the Legislature had no faith in his innocence. One of the important obstacles in the way of the plan to adjourn to a fixed day was the possibility that none of the acts passed at this session would become oper ative until 90 days after adjournment of the second session except acts which con tained emergency clauses, because flniil adjournment would not take place until the end of the second session and the referendum amendment says. "Referen dum petitions shall be filed with the Sec retary of State not more than 90 days alter the final adjournment of the Legis lature passing the bill on which referen dum Is demanded.1 FIGHT ON CORPORATION TAX Mining Companies Apparently Lead j r4.- i i I ... . AMi.cHumcni. SALEM, Or., Feb. 6. (Special.) A hard fight Is waging In the Senate over the pro- poseu amenament or tne corporation tax law, wun tne mining companies aDDar- ently ahead in the contest. The Bing- xiouse last tion, and its friend.'? are trying hard to get a favorable report from the commit tee on assessment and taxation, which nas tne bill in hand The bill to amend the corporation tax law was introduced in- the interests of mining companies which have big capital stock but which are doing little or no business. As taxpayers In general, but none In particular, are Interested in de feat of the bill, there Is not much lobby ing against It. Outside pressure felt by tho Legislature In behalf of mining com panles may secure the passage of the bill In the Senate. A report was circulated In the Senate today that Secretary of State Dunbar, who aided In the preparation of the pres ent law and who twice recommended the I enactment of such law. Is In favor of the Bingham amendment exempting mining companies, when seen tonight Mr. Dun bar said he has not -changed the position taken by him when he recommended In his biennial reports that such a law be passed. In the House the Binghnm bill .was re ferred to the committee on mining and was considered chiefly as to Its relation to the mining companies. In the Senate it has gone to the committee on asessment and taxation and will likely be coneld ered chiefly as a revenue measure, which fact gives the friends of the Bingham bill cause for concern. The committee on assessment and taxation Is confronted with a proposal for reducing revenue at the same time that heavy appropriation bills are being passed COUNTY INSPECTION OF FRUIT Court Shall Act on Petition of Twen ty-Five Growers. SALEM. Or.. Feb. 6. (Special.) County fruit Inspectors are provided for in the House bill of Jayne of Wasco, or Cascade. as Mr. Jayne says, which passed the House late this afternoon. On petition of 25 fruitgrowers, the County Court of any county may appoint a fruit Inspector, who shall receive $3 a day for the time actual ly employed. He shall enforce the provis ions of the state horticultural laws against diseased trees and fruit, and shall work in conjunction with the Hortlcul- tural Commissioner for the district in which the county is situated. Appeals from decisions of " the Inspector may be taken to the Commissioner. Mr. Jayne etated that the Commission ers alone were unable to enforce the fruit laws, and that he drew up the bill at tho Instance of a number of frultmen. West of Tillamook and Yamhill said that its provisions would not suit his constituents. and with 14 others he vainly opposed its passage. TAX FOR SCHOOL LIBRARIES. House Passes Measure Carrying Ten Cents for Each Child of School Age. SALEM, Or., Feb. 6. (Special.) District school libraries are well cared for In the House bill of Carter of Benton, which went through the House this morning. The bill provides that a tax amounting to 10 cents for each child of school age In counties having less than 100.000 Inhabi tants shall be levied for the benefit of school libraries. This levy will amount to about one-tenth of l per cent. The books are to be divided among the districts of each counts'. The County School Superln tendent. acting with the secretary of the new Library Commission, Is to select the books. Mr. Carter explained the bill, and Miles of Yamhill etated that tho present law provided that such a tax might be 'levied by the County Courts, but that the Car ter Dill made such action compulsory Llnthlcum also favored the bill, calling attention to tbexfact that It would show the usefulness of the State Library Com mission. "If the bill doesn't pass. Mr. Linthicum'd Library Commission won't nave anything to do with It. exclaimed Smith of Jose phlne. The bill passed with plenty of friends to spare. Additional provisions for the agricul tural fairs of Southern Oregon are made In the House bill of Shook of Klamath which passed the House this afternoon. The appropriation ot $600 Jpr Jackson and Josephine Counties Is continued, $1S00 is appropriated for other Southern Oregon Counties .and a new appropriation of $6w Is made for the fairs In Lake and Klam ath Counties. Stelner of Lake declared that as aid had been given the Eastern Oregon agri cultural societies this sum was due his section of the state. Those opposed to the bill were Richie, Huntley. Smith of Josephine, Caldwell, Fawk and Jagger. West's substitute House bill' Introduced today changes the method of electing the "Water Commission of Tillamook City. By the original bill the Commissioners were to be elected from the city at large. Now liveware each to represent one ward and five are to represent the city at large. After the plant has been completed one- half the commission will withdraw. KAY ASKS SOME QUESTIONS Suspects "Machine" Work in Port of Portland Bill. SALEM, Or., Feb. G. (Special.) To supplant G. B. ThoimCf and Captain E. W. Spencer on the Port of Portland Com mission, the House this morning passed bill by Representative Bailey against five noes Barnes and Newell, of Wash lngton; Burns, of Coos; Caldwell, of Yam Hill, and Calvert, of Marlon. All the members of the Multnomah delegation voted "aye. A plan Is Incubating to hold up the bill In the Senate before It reaches the Gov ernor. Foes of the Multnomah political organization In the Senate are lining up to 'give the bill a hard Jolt and the men who are pushing It along are much wor- rleL The opposition counts on the nine Independents, who have been standing to- Eether, to combine their forces, unite with Croisan and Hobson, who have thus ar not Deen 1Ined yP heside the Mult- nomah organization workers, and with the five Democrats to smite what they call the Multnomah machine Early In the day the opposition relied entirely on the Governor's veto and their power to prevent a two-thirds majority of each house for passage over the veto. but tonight the opposition Is bolder and declares it can block the bill in tne ben- ate. Foes of the bill are getting together In the House to prevent a two-thirds ma Jry or mat Doay in- case me governor should veto the bill Representative Kay suspected this morning tnat tne Dili was in tne interest f some macnine or other, and asKea nai ley several pointed questions about the cause of the changes on the Commission, to which Bailey responded by saying that Spencer had withdrawn voluntarily and that Thomas by his conduct on the board had proved himself "unsatisfactory?' A colloquy sprang up between Kay and Bailey on the floor of the House, but Speaker Mills put an end to It by pro claiming from his walnut throne: "The Clerk will call the roll," and then, .after Reading Clerk "Pat" McArthur's sonorous tones had died away, "the bill was passed and there- being no objection, the title of the bill will stand as the title of the acL" When the bill was ready for final pass age Bailey arose to make an explanation. Said he "The only changes from the present act arc that Herbert Holman replaces G. B. Thomas, and Captain Crang takes the place of Captain E. W. Spencer. Spen cer wishes to retire, and Thomas has proved unsatls factors'-" A number of members looked as If they wished more information on the subject from, the sponsor of the bill, but Kay was tne oniy one to asjc an uuuiuie question T want t know somethine-about this ." snlrt TCslv. "It seems to be leirislatlne two men Into office that are out now, and putting out two men that are in "t thinv t hnvo fniii- o-rnlntnoH thA mir p080 or tne bill." replied Bailey Instantly. "Captain Spencer is willing to retire, and Thomas has proved unsatisfactory- He Is a bone of contention, and his integrity has been questioned. This is simply local measure." But Mr. Kay was not thoroughly satis fied and said that It looked to him like the work of a machine. He asked more questions regarding the manner of elect ing the Commissioners, and how the pres ent members of the Commission came Into their Jobs. Bailey Informed him that tho Legisla ture was responsible and that without an other act of the same body the member ship could not be changed except by res Ignation or death No one else took up the debate, and Speaker Mills asked for a rollcall. The only "no votes came from Barnes, Burns of Coos and Curry. Caldwell, Calvert and Newell, Kay voting "aye." "MACHINE" AND IRRIGATION. "Jack" Matthews Writes Letters to Influence Malheur Measure. SALEM. Or., Feb. 6. (Special.) The Multnomah "machine ' Is being charged with one more effort to dictate legislation this time in. connection with the Malheur irrigation district bill, which passed the Senate last week, and is now pending In the House. Letters written by "Jack Matthews to the irrigation committee and to various members -of the House "form the foundation for the -story that the ma chine is trying to defeat the Malheur bill and the fight Is being taken up along factional lines to some extent All day there was active canvass on the floor of the House for votes for or against the bill, and tonight the friends of the measure claim victory. The bill has already received the support of tho Irrigation committee, after a hearing of arguments on both sides, but the enemies of the bill do not propose to be so easily defeated. They will try to vote the meas ure down when it comes on for third reading, which will probably occur to morrow. Because of the interest which Matthews has taken in the bill, some of the anti machine members of the Legislature hav I made an extra effort to secure Its pas sage. ONE BOARD FOR STATE NORMALS Bill Carries No Appropriation, and Has No Other Effect on Schools. SALEM, Or.. Feb. 6. (Special.) The first direct move on tho part zt the Legis lature for consolidation of the four State Normal Schools occurred this afternoon when the House passed Representativ Vawter's bill providing for one board of regents Instead of four. The State Board of Education and six members appointed board with powers as at present. No ap propriatlon is included in the bill, and It has no effect upon the requested appro prlatlons for the various normal schools. The appropriations are now being con sidered by the ways and means commit tees of both houses, "but the amounts hav not yet been decided upon. Division Over Range Legislation SALEM. Or., Feb. 6. (Special.) Tho Eastern Oregon delegation split over range legislation this afternoon. The bill of Stelner of Lake, providing that counties and towns should pay 50 per cent of dam age maliciously inflicted upon stock came up for final passage, and Stelner declared it was a part of the programme arranged at a meeting of Eastern Oregon members. He said California had a similar law which had proved effectual. Site of Har ney and Malheur arose and declared that he had not favored the bin. "I believe it is putting a bounty on sheep. Owners will work off all their eld worthless -sheep, and the county will pay for them," said he. But Stelner carried the day for his bill. The bill Is. as Sitz pointed out, for the protection of sheepowners who have suf fered by the depredations upon their flocks. Stelner said that only 50 per cent was to be -allowed; that the sheepmen could not take advantage of the county officials. Golden Oak Morris Chairs Substantially built of selected golden oak the frames are well put together and have polish finish. Have spring seats and backs, upholstered in fine velours your choice of green or red. These chairs are all fitted with automatically adjustable backs no trou blesome rods to get out of place. You can adjusts the back to five different positions while sitting in the chair. The more you use them the more comfortable they grow. ISS1 Today and Tomorrow S YOUR CSEDiTi ONE DOLLAR DOWN FIFTY. CENTS A WEEK IS GOOD HOUSE FAVORS JAYWE BILL AMENDMENT OF LOCAL OPTION LAW MAY DIE IN SENATE. Friends of the Measure Propose Compromise, but Are Met With a Decided Refusal. SALEM, Or., Feb. 6. (Special.) The modified Jayne bill for the amendment ot the local option law will pass the House tomorrow or next day by a narrow ma jority, but will encounter such opposition. In the Senate as to mane lis iaie in inai chamber extremely doubtful. Anti-Saloon League workers who are lighting the bill have given up the House as lost to them, but assert confidently that they can kill the measure In the Senate. From the looks of things late tonight they will suc ceed. Opponents ot the bill proposed a com promise tonight, whereby the bill was to provide for .option by towns as well as precincts, and was to contain an emer gency clause, but the other side refused those terms, and declare that they will stand or 'fall on the bill as It Is now framed. Several amendments will be pro posed, however, when the bill comes back from the engrossing committee to the House, whither It was sent today to cor rect several minor changes In phraseol ogy. Kay will be foremost In offering amend ments. His proposed amendments are understood to provide for option by towns and to eliminate the ref erendum election next June and to reduce the number of signatures on the petition for prohibition election below 30 per cent of voters registered In precinct 'or town affected. A poll of the House today showed the following alignments on the Jayne bill: Ayes Bailey, Bingham. Bramhall, Burgess. Burns of Clatsop. Bums of Coos, Capron. Cole, Colwell, Cooper. Crans. Fawk. Graham, Grlflln. Henderson. Hermann. Holcomb, Hudson, Hunt ley. Jagger, Jayne, KUHngsworth, Laws, Lln thlcum. Mayger. McLeod, Meant. Mills. Mulr. Shook. Sltz. Smith of Baker, bielner, "Von der Hellen. "Welch 36. jfoen Barnes. BlakJey. Caldwell, Calvert. Carter; Cavender. Cornctt. DobbIn Donnelly, Edwards. Flint. Gray, Jackson, Kay, Kuney. Miles, Munkers, Newell. Richie, Settlemler. Sonneman. Smith of Josephine. West 23. Doubtful Vawter. Members of the Senate are not so decid ed as are members of the House as to their attitude on the bill, nor so ready to disclose on which side they will ally them selves. It has been taken for granted all along that the Jayne bill would have a better chance of passage in the Senate than In the House, but such does not ap pear to be the case. That the pontest will be nip ana tucK in tne upper Douy will be evident in the following canvass of votes: Ayes Coke, Farrar. Hobson. Hodron. Hoi man. Malarkey. Rand, Slchel. Tuttle 0. jfoes Booth, Coshow, Haines, Howe. Carter, Laycock. McDonald, Miller; Nottlnsr-ani. Pierce. Smith. "Whealdon, Wright. Kuykendall 14. Doubtful Avery. Bowennan, Brownell, Coe, Croisan, Loushary 6. Absent Mays. Opposition to the Jayne bill is now based almost entirely on the special ref erendum election for which the measure .provides. SENATE IS AGAINST DIVISION Cascade County May Not Be Formed From Portionof' Wasco. SALEM. Or.. Feb. 6. (Special.) Foes of L Cascade County have-BO marshaled them' selves that the bill to create that politi cal division out of the. west end of Wasco County seems, doomed to failure. The po litical organization of Multnomah County has been pulling for the bill, and this has lined up the insurgent Republicans of the Senate to such an extent that they boast of their ability to put the bill to sleep whenever It snail show Its head. The Senate committee on counties will report the bill favorably, but is holding back the fight for a more favorable time. Only 11 sure votes can be found for the measure, while the opposition has 14. Ma larkey has refused to stand In with tho Multnomah plan to divide "Wasco; likewise Croisan and three of the five Democrats. From present appearances the political organization will be severely jarred. The bill passed the House last week without opposition and was expected to glide through the Senate the same way. but the opposition has been gaining confi dence dally. The Senators are grouped as follows on the bill: Ayet Hodson. Holman. SIchcl.' Coe. Tuttle. Kuykendall. Booth. Coke, Rand, Farrar, Loughary 11. Noes Main rkey. Nottingham, Haines, Car ter, Howe. Wright, Whealdon, ' Bowerman. Laycock. McDonald, Croisan, Pierce, Smith, Avery 14. Doubtful Brownell, Hobson, Cosnow, iltller -i. Absent Mays. DOUBT OF PORTAGE EXTENSION Members of Committee Believe It Will Cost Too Much. SALEM, Or., Feb. 6. (Special.) The project for extending the portage mil road is meeting with trouble in the Joint committee which Inspected the route of the extension last week. The sum asked of the Legislature for extending the road from Big Bddy so as to connect with the tracks of the Great Southern for Entering The Dalles does not meet with approval of the entire committee. At least, tho members' are In doubt as to its practica bility. The extension would have to cross the O. R. & N. track twice, once on a high trestle. The portage would be dependent for out let into The Dalles ori the Great Southern, which Is a feeder of the O. R. & N. and therefore more or less at the mercy of the "big company. The committee is not sat isfied with the promise that has" been made by tho Great Southern for trackage arrangements. Several members of the DRYING BABIES ITGHINQ SKINS TVTO REST, no sicca. Itck Itch, itch. IN scratching until the tender skin becomes Inflamed, sorp and bleeding. Mar fina Soap A Mod hr SWnhealth Treatment- will Clre the suffering little one Instant relief and sleep, and result la complete cure. Multitudes of women say Harfina bas no equal for chafing, lmta firm, ernntkm. rinndrnlT. thin hair, scald bead Larze 23c cakes, drnjrfsts. Take nothing irithont Phllo Hay Co. signature. Satisfy yoTirself. Send at ones for FREE SAMPLES Inclose 5c postage and we will send you free Hclrbealtb. Harfina Soap, Sklnhealth and Tl lostratcd Books. "How to Have Beautiful Hair and Complexion." Samples sent only by FHXLO HY SPECIALTIES CO., Newark, N. J. 1VOODAKD, CLARKE & CO.. , Fourth and Washington' Sts. Today Tomorrow Special Terms $1 Down and 50c a Week ONE DOLLAR DOWN FIFTY CENTS A WEEK MAKBYOUK I OWN TERMS! committee are of the opinion that the ex tension could not be built for 523,000. NO "MANSION FOR GOVERNOR Committees Will Report Unfavorably on Purchase of Salem House. SALEM. Or.. Feb. 6. (Special.) That the Legislature should not appropriate $14,500 for a mansion for tho Governor Is the opinion of the committees on ways, and means of the two houses. The bill was Introduced in the House by Bailey to appropriate that sum for the purchase of the Patton house, near the Capitol. The committees reached their decision tonight and an unfavorable recommenda tion wfll be reported to the House tomor row. The committees have agreed to report bills for appropriating money for the sev eral state Institutions at Salem carrying about the same sums as two years ago. The House judiciary committee tonight decided to report without recommendation the bill of Smith of Josephine, which pro hibits any state, county or city oiflcer j from riding on a railroad pass. A hot debate Is expected in the House when the bill comes up for final passage. Two bills affecting water-ditch owners passed the House today. Jayne of Was co was the sponsor of both. One allows tho owner of land which must be drained to secure through the County Court con demnation of a right of way through land whose owner refuses him the privilege. Viewers are to appraise the land cut through. The other bill provides punish ment for any one who Injures a ditch, dam or reservoir or taps such water supply. The joint Yamhill delegation today con sidered increases of salary for their coun ty officers. The proposal to raise tho School Superintendent's salary from $1100 to $1400 was favorably received, but there was a split on allowing the Sheriff a dep uty at a salary- No decision was also reached on Increasing the County Treas urer's pay from $600 to $S00. Cooper's bill Increasing the salary of the Lincoln County Judge to $G0O and that of Shook to increase the pay ot the Klam ath County Assessor to $1200 were passed by the House today. alth 9 Young ALWAYS restores youthful color to gray or. faded balr. Stops hair falling. PoI tlTely remoTes dandraff. 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