HE MORNING OKEGONIA2S. SATURDAY, FEBRUARY 11, 190o.
LOCKED IN SftFE
Commission Bill Is to
Appear Monday.
TERMS ARE WELL KNOWN
Leaked Out Despite the Effort
to Keep Secret
'ANCHOR WITHOUT A CHAIN
Favoring Forces Show Little Cohe
sion, and the Measure Likely to
Pass Washington Legislature
Will Be but a Ghost.
OLYMPIA. Wash., Feb. 10. (Staff Correspondence):.-,
death of Senator
Sharp, and consequent early adjournment
of both houses today, again delayed ac
tion on the commission bill, and it will
remain in the Attorney-General's safe un
til the return of Chairman Dickson Mon
Bay. In the absence of so many of the
members of the Joint committee there will
toe no further amending or changing until
the measure emerges from its caretully
guarded resting place.
Despite the most careful guarding
against leakage, little by little practically
Ul of the important features of the re
constructed bill have become public prop
erty. The disturbing joint-rate provision,
which 'was the most serious snag encoun
tered since the general ratemaking power
was refused, has been settled or evaded
in a manner which all but the most stren
uous commission men regard as satisfac
tory and wnich It is believed will not
cause much opposition from the railroads.
As has beon mentioned, the most serious
sufferer by the enforcement of a joint
rate proviso such as the Kennedy bill
attempted to force would be the O. It. &
N. Co.
Joint-Rate Matter Settled.
The southeast combine, which through
out the session has held the balance of
power on the commission matter, would
not consent to its passage until the Joint
rate matter was settled on a more equi
table basis, and the members have at
last hit on an expedient which was suffi
ciently alluring to induce the radical Spo
kane men to stand In with them.
The southeast men are all wheatgrowers
or represent a wheatgrowing constituency
end practically their sole demand for a
commission comes from a desire to in
crease the profits of the wheatgrower.
To this end they have supplanted the
Joint-rate proviso of the Kennedy bill with
one which confers joint ratemaking pow
ers on the board only in cases where
wheat is higher in Puget Sound ports
than it Is In Portland, or vice versa.
The board apparently is to assume that
when wheat hauled from mutual territory I
cells at a higher price In one market than
in the other, the road serving the port
where the highest price is paid is receiv
ing a higher rate than that to which it
is entitled. This will of course stop the
secret rebating which formerly existed
between the northern roads andbig ship
pers operating on Puget Sound, but It is
not clear where the shipper will get any
benefits from it.
Weak Bill a Certainty.
With the adjustments of the joint-rate
question in a manner apparently satis
factory alike to the railroads and the peo
ple, there docs not seem to bo much like
lihood of a fight from any one but the
economists, who may object to distribu
ting $60,000 to $70,M0 of the taxpayers
money for nothing.
"Let go the anchor," shouted the ex
cited captain, when his ship drifted to
ward the rocks.
"The anchor's unshackled; there's no
chain.' replied the mate.
"Let 'er go anyhow; mebbe it will check
her a little," retorted the unreasoning but
hopeful skipper.
The ship of state over here seems to he
in a similar predicament, although it is
not the captain that is demanding that the
anchor be dropped. But there Is a con
siderable number of the crew who seem
imbued with the beliof that the drift to
ward railroad rapacity can be checked by
letting go a commission anchor, with no
chain attached.
Ono of the most active advocates of the
commission a good one if h can get it,
and any old kind of a one if he cannot get
a good one voiced his sentiments as fol
lows: Any Old Bill Will Do.
"Of course we want a strong bill if we
can pass it, but if we cannot pass it, we
ought to take any kind of a measure we
can get this time, when, after a two years'
trial, the Commissioners can come before
tho Legislature with recommendations for
the kind of a bill that is needed and it
would pass."
This might be good reasoning from an
officeholder's point of view, but a pros
pective financial stringency in the appro
priation committee may not warrant a
570,000 appropriation for a railroad" com
mission experimental station.
The lack of organization Is still one of
the most noticeable characteristics of the
commission forces, and there is such a
wide difference in the views of the various
members as to the degree of power that
should be granted that it will be impossi
ble to ever get them lined up as strong as
they were when ex-Governor McBrldo
cracked, the whip and applied the iron
boot.
Chairman Dickson, of the subcommit
tee, announced before leaving to attend
the funeral of Senator Sharp that the sub
committee bill would be brought in early
Monday morning. "Unless there is too
much amending to be done, or it runs
afoul of the capital removal bill, it should
reach a vote not late, than Wednesday or
Thursday.
Senate Opposing Foster.
Thirty-two of the members of the Sen
ate, last evening made a mild entrance
into the political -ght at Washington by
sending a telegram to President Roose
velt asking him to postpone further
Washington appointments until Senator
elect Piles reaches the capital. The only
members of the Senate who failed to sign
the document were Senator Le Crone,
Foster's candidate for the Tacoma Post
office; Senator Bronson, a business asso
ciate: Senator Stewart and seven ab
sentees. EL W. W.
IN MEMORY OF SENATOR SHARP
Both Branches of Washington Legis
lature Adjourn Until Monday.
OLYMPIA, Wash., Feb. 10. (Special.)
Out of respect to the memory of Senator
J. P. Sharp, who died In Ellensburg,
Thursday, both branches of the Legisla
ture adjourned this morning until 2 P. 31.
Monday.
A concurrent resolution was adopted
providing .for the appointment of a com
mittee from Housft and Senate to attend
the funeral. In the Senate the commit
tee named were Baker, Moore. Bands,
Reed and Christian: In the House-the
Speaker named Dickson, Hare Hughes,
Bishop Mlnard. The committee also in
cludes the Speaker and the President of
the Senate.
The Senate's only other action of con
sequence was a short debate over Senator
WIlson'i bill which gives the trustees of
the Agricultural College supervision over
the sales of agricultural college lands by
the State Land Commissioner. The bill
came in from the committee with a di
vided report, the majority recommending
indefinite postponement.
During the discussion Senator Welsh,
defending the majorjty, declared that he
was ready to support a bill withdrawing
all public lands from sale. He opposed
the -plan of permitting local Interests to
control their school lands. He declared
that politics would influence the trustees,
while such a man as tho Governor would
be unmoved from such influence.
Senator Tucker spoke for the bill and
called attention to the fact that the Gov
ernor appoints the trustees and as such
would be held. responsible, too, for the
proper disposition of the lands. The bill
was indefinitely postponed.
The resolution was received from the
Spokane Lumbermen's Association pro
testing against the sale of timber lands
in a manner that meant tho sacrifice of
state as well as of manufacturing Inter
ests The House transacted only minor rou
tine business beforo adopting the concur
rent resolution relative to Senator Sharp's
death, and then adjourned.
WILL NOT LICENSE GAMBLING
Montana Legislature Refuses to Take
Off the Ban.
HELENA, Mont, Feb. 10. The House
today, in committee of the whole, killed
a bill providing for the licensing of
gambljng. It also killed a bill making
trainwrecking punishable with dcatlu
Prior to 1901 gambling was a felony
in Montana, and as it was impossible?
to get a jury to convict, with tli
knowledge that a conviction meant a
penitentiary sentence, this law was a
dead letter. In 1301 the Legislature
at the instigation of the gamblers
amended the law so as to make It h
misdemeanor, punishable by lino or
imprisonment, but tho enemies of gam
bling slipped in a proviso that sucb
cases should be tried in the District
Court, not in a Justice Court. Attorney-General
Ponovan then exerted his
authority to make the District Attnr
neys prosecute the gamblers, threat
ening them and the Sheriffs with iro
peachment and bummary removal if
they failed to obey. The result was
the total closing of gambling-houses
In several cities for some time until
the Attorney-General's energy becamft
relaxed.
The bill just killed was an effort of
the gamblers to get from under tho
thumb of the Attorney-General and th
District Courts and have their business
legalized.
ARMSTRONG WILL BE HANGED
Supreme Court Affirms Findings in
Chehalis County Murder.
OLYMPIA, Wash.. Feb. 10. (Special.)
The Supreme Court today affirmed the
Chehalis County murder case of the State
of Washington vs. A. A. Armstrong.
Armstrong was convicted of murder In
the first degree. Reverse was asked under
five general heads: The refusal of the
trial court to exclude witnesses from the
courtroom during tho trial, evidence im
properly admitted in rebuttal, improper
remarks of counsel, error in Instructions
given, error in refusing Instructions re
quested. The crime for which Armstrong was
convicted and for which he must pay the
death penalty was committed In Chehalis
County, November 11, 1M3. Armstrong
shot and killed John R. Patton in a field
belonging to Armstrong, where Patton
was cutting wood. The two men had
trouble and Armstrong claimed Patton
was trespassing. He ordered Patton off,
and when the latter refused to go shot
him.
Receiver for Lynden Bank.
BELLINGHAM, Wash.. Feb. 10. W.
I. Baker has been appointed by the Su
perior Court as receivor for the Kil
dall State Bank, Lynden. which closed
its doors Monday. Assets are $15,000;
liabilities. 513,000.
!
i
HOLDS UP A CHINESE
Paroled Portland Prisoner in i
Trouble at Tacoma.
JAMES STARTED TO AUSTRALIA
Marine Foreman and Would-Be Prize
fighter Deserts Ship In This Port
and Goes North, Where He
Is Arrested.
TACOMA,. Wash., Feb. 10. (Special.)
Frank James, alias H. G. Brown, alias
Frank Sullivan, a marine fireman and
amateur prizefighter, arrested Thursday
on the request of the Portland poljce,
was positively identified today by Lou
Bow as the man who held him up and
robbed him at the muzzle of a revolver
Tuesday night.
James was recently sentenced In the
criminal court at Portland to five years
In the penitentiary on a charge of com
plicity in a saloon robbery. He was given
a conditional pardon and paroled on con
dition that he take a berth on a ship about
to sail from Portland for Australia. A
few days before tho sailing James deserted
and came to Tacoma, where he has re
mained since.
In fear of getting a heavier sentence in
Tacoma for highway robbery. James re
turned to Portland tonight In charge of
detectives.
QUESTION OF LAW'S VALIDITY
Montana Supreme Court Hears Argu
ment in Heinze Cases. .
BUTTE, Mont., Feb. la The Supreme
Court at Helena today listened to ex
tended arguments on the application of
F. Augustus Heinze for a writ of prohi
bition directed to District Judge George
M. Bourquin, of Butte, to prevent him
proceeding In hearing the case of the
Boston & Montana vs. Heinze and others,
wherein it is sought to recover $3,750,000
damages for ores alleged to have been
illegally extracted from the West Colu
sa. Piccolo and Gambettl lode claims.
Counsel for Heinze attacked the constitu
tionality of the statute under which Judge
Bourquin recently dismissed the motion
directed against 'the motion to strike out
Helnze's answer. Judge Bourquin held
under that statute that if Heinze failed
to answer material questions or to pro
duce material records and refused to sign
his deposition, he sacrificed his right to
answer. Helnze's counsel alleges that
that statute Is not constitutional.
On" the other hand, counsel for the
plaintiff company argued that tho law
was valid. That was the only material
Issue In the proceedings, but the question
Is one of vast importance. The Supreme
Court took the matter under advisement.
California Senators Admitted to Ball.
SACRAMENTO, Cal., Feb. 10. Senator
Ell Wright, Indicted by the grand 'Jury
of Sacramento County last night on a
charge of bribery, was arrested this morn
ing. His attorneys say the reason he
was not arrested last night was because
he could not procure bondsmen and did
not want to spend the night in jail.
George Egan and Thomas Martin, well
known local saloonmen, furnished bonds
for lilm at noon today.
State Senators Bunkers, French and
Emmons, also indicted for bribery, who
were placed under arrest last night, have
been released on ball of $3000 each.
Tho four Senators named are charged
with receiving $350 each from Joseph S.
Jordan, who has made a confession. It is
stated in the indictment that the money
was paid and received for the particular
purpose of influencing legislation, the spe
cific charge being the guarantee of im
munity for two building and loan asso
ciations. Tho hearing of tho Senators In court
Is sot for Saturday, February 18.
Montana Business Man's Suicide.
KALISPELL, Mont., Feb. 10. J. W.
Conner, secrotary of the Board of
Trade and prominent in business cir
cles, was found in his office at the City
Hall today with the top of his head
blown off. Messages show the deed,
to have been premeditated.
Deceased was 42 years of age and
well connected. No trouble of a busi
ness or private nature is known. Ho
was an Elk and had insurance with
the Modern Woodmen and Maccabees.
He left a widow but no children.
Money for Flathead Indians.
MISSOULA. Mont. Feb. 10. As the
result of sales of the old Bitter Root
Indian lands, made by the Government,
$C500 will be distributed next week
among the Flathead Indians now on
REPRESENTATIVES RUDIO AND
the reservation. This money will so
to about 12 families who refused to
move to the present reservation until
they were promised by President Gar
field. In 1SS2, that they should be paid
for the lands they surrendered in the
Bitter Root Valley.
This will ,be the first payment made
under that promise, although sales of
the lands have been made by the
Government every year. One SO-acre
tract, sohl this month, brought $70 an
acre.
DIVISION OF KOOTENAI COUNTY
Idaho Advocates of New Counties Are
Very Confident.
BOISE, Idaho, Feb. 10. (Special.) In
the Senate today Taylor of Kootenai
asked and was granted permission to
withdraw his bill dividing Kootenai
County, creating the County of Clark out
of tho northern portion, with Sand Point
as the county seat. This action followed
a meeting in which the bill was discussed.
An adverse report was drawn up, but
was not presented to the Senate in view
of the withdrawal.
The advocates of division pin their faith
to the House bill abolishing the old coun
ty and creating two new counties, Lewis
and Clark, with Sand Point as county
seat of the former, and Coeur d'Alene as
tho seat of government for the other.
The opponents of this measure are con
fident of defeating it, while Its support
ers maintain that it can be passed. The
latter claim 19 votes pledged, with enough
more favorable to make them safe. The
chances for success of the advocates of
division do not appear to be bright.
A feature of the Senate proceedings to
day was a caucus to consider the report
of the special committee to Investigate
the office of Miss Scott, Superintendent
of Public Instruction. It was decided the
committee should report simply the re
port of its expert accountant, exonerating
Miss Scott from the Implied charge of
having charged too much for expenses hi
taking mute and blind children to and
from schools in other states.
NORTHWEST DEAD.
Fred M. Smith.
SEATTLE. Wash.. Feb. 10. Fred M.
Smith, one of the oldest pioneers of
Alaska, Is dead in this city at the age of
85 years. Mr. Smith superintended the
construction of a Western Union Tele
graph line in Alaska in 1865. The line
started at New Westminster and was in
tended to go to Behring Straits. A cable
was to be laid across the straits to con
nect with a line being built by the Rus
sian government. The Alaska line was
abandoned when the Atlantic cable was
laid.
George Fletcher.
ASTORIA. Or., Feb. 10. (Special.)
George Fletcher, a farmer living near
Skamokawa. died at his home last eve
ning of heart failure, after an Illness of
about two weeks. The deceasQd was a
native of England, GO years of age and
had resided in this country since he was
a young man. He left a widow, but no
children.
James McQuillan.
BUTTE, Mont, Feb. 10. A Miner spe
cial from Dillon, Mont., says James Mc
Quillan, an old-timer and formerly prom
inent mining and cattle man. Is dead of
paralysis. Ho left considerable property.
YOUNG BLACKMAILER CAPTURED
Threatened Seattle Man Unless Bag
of Gold Was Left at Certain Point.
SEATTLE, Feb. 10. City detectives to
night caught Moses HalU a 19-year-old
boy, who was one of two who attempted
to blackmail John R. Walthen. a local
court stenographer. Walthen has been
warned that if he did not placo 5300 in
gold on a hydrant at the summit of
Queen Anne "Hill, in this city, his resi
dence would be blown up with dynamite.
At 8 o'clock tonight Walthew placed a
bag of washers on the hydrant and soon
tho two young men appeared. The de
tectives caught Hall, but his partner es
caped after elx shots had been fired after
him. He fell twice In the chase and
it Is believed he was wounded.
Poised for Fatal Leap.
OREGON CITY, Or., Feb. 10. (Special.)
Poised on the rail of the suspension
bridge over the Willamette, John Hur
guin, just released from three days' in
carceration In the City Jail for drunken
ness, was about to take his last leap when
Chris Kelly and Claud Smith intervened
and turned him over to the police again.
Hurguln is a stranger in town and is be
lieved to be a tinner by trade, as a sol
dering Iron was found In his pocket.
Military Company of Boys.
ASTORIA, Or.. Feb. 10. (Special.) A
military company consisting of 40 young
boys has been organized In this city by
Rev. Mr. Malone, pastor of the First
Congregational Church. The company is
holding regular drills and expects to com
pete In the contests at Portland during
the Lewis and Clark Fair.
OLSEN - AND STATE SENATOR
SENATE STANDS FIRM
HOUSE DENIED FURTHER TIME
IN WHICH TO FILE BILLS.
Members of the Upper House Refuse
to Pass Hurriedly on Mass of
Undigested Legislation.
SALEM. Or.. Feb.- lO.-(SpeciaL)-The
Senate today denied a plea from the
House for an extension of time within
which to send House bills to the upper
branch of the Legislature. According to
the joint rules adopted, this was the last
day upon which bills that have passed
one House could be sent to the other.
This limitation had been established in
order to prevent a congestion of business
during the closing days of the session.
Instead of being ready to terminate
the session in SO days, as Speaker Mills
proposed, the House is so far behind In
its work that today it was found neces
sary to ask the Senate to give the House
until the last two days of the session in
which to finish Its own work, and send
the bills to the Senate for final action.
A committee composed of Speaker Mills
and Representatives Kay und Smith, of
Josephine, was accordingly appointed to
go tc the Senate and present the request.
"I am opposed to this extension of
time." declared Senator Pierce, when
Speaker Mills had stated the situation.
"This is a proposal to put us back Just
where wo were two years ago. I am not
going to be put in that position again If
I can help It. At the last session we re
ceived bills up till the last two days of
the session, and then we had such a mass
of work on hand that we could not give
It fair attention. Wc rushed bills through
here as fast as the roll could be called,
none of us knowing what we were voting
on.
"That was the way we put through the
assessment law. and the result was that
wc came back hero in special session to
correct our mistake. If I am compelled
to vote upon measures in that way again,
I shall vote no on everything, in order
to protect myself."
It was apparent that the Senate would
not extend the time to Wednesday night,
as requested, but Senator Rand moved
that tho time be extended to Tuesday
noon. Pierco moved to amend by making
it Monday night at midnight, and the
amendment was adopted.
This means that any bill that does not
pass the House in which it originated
before Monday night's adjournment, will
be dead by expiration of time.
It also means that the last days of the
session will not be as crowded with work
as at previous sessions, and that it "will
be possible to give bills some degree of
consideration. It will be found, however,
that when the 40 days have passed, the
time has been too short for the work the
members of this session have laid out for
themselves.
EXAMINERS OF OSTEOPATHS.
Board Sought to Be Created by Bill
That Passed the House.
SALEM. Or., Feb. 10. (Special.) A
state board of osteopathic examiners is
created by the bill of McLeod, of Union,
which passed the House this afternoon.
It is reported that an ax is being whetted
for the bill In the Senate.
The Governor Is to appoint five practic
ing osteopaths who are graduates of os
teopathic colleges. These shall serve from
one to five years. Examinations for cer
tificates to practice osteopathy are to be
held on the third Fridays of March and
September. No person shall practice os
teopathy In the state without obtaining a
license from the board.
After June 1, 1905. If the bill becomes a
law, all persons desiring to practice oste
opathy shall apply to the board for
licenses, and if they have diplomas from
a recognized college of osteopathy,, the
license may be granted without examina
tion. The license fee is fixed at $10. which
fees shall go to the support of the board.
This license does not give the holder the
right to administer drugs nor perform
major surgery. Persons without licenses
practicing osteopathy shall be deemed
guilty of a misdemeanor punishable by
flno from $50 to $100.
McLeod said that he was not competent
to discuss the merits or demerits of os
teopathy, but that he had seen marvelous
cures performed by It, and beljeved that
its practice should be regulated. He had
Introduced the bill at the request of the
osteopaths.
Dr. Stelner, of Lake, chairman of the
committee on medicine and pharmacy, to
which the bill was originally referred,
said that he did not like to appear narrow-minded,
but that he would like to
vote for a bill eradicating all such
schools. The bill passed, the following
voting no:
Noes Bailey. Blakeley, Caldwell. Cal
vert, Cole. Dobbin, Holcomb, Hudson,
Huntley, Jagger. Mears. Settlemeir. Steln
er, Von der Hellen, Welch and West.
Bramhall, Chamberlain. Cooper, Crang,
HAMMER SKETCHED AT OLYMPIA
Ira -
Y I I V
$1.25 I $1.25
TODAY'S
SPECIAL
A lot of pretty little "Mission style" Tabor-
.11 T -1 J J 1 l 3 1 - j1 1
euues, uuiiu oi seieciea oajs, m tne popular
"weathered" finish. They are 18 inches high,
with 13-inch square tops. They'll wear for
years and stand lots of knocking about. Every
one is put together with bolts and heavy
screws. You can't pull them apart.
WEATHERED OAK
TARORFTTFS
$t ? S Regular Price C 1 ?
ltLJ $2.50 J I
g r
Flint, Hermann. Killlngsworth and Vaw
ter were absent, and Sitz was excused.
Astoria Teacher Is Suspended.
ASTORIA, Or.. Feb. 10. (Special.) A
special meeting of the school board was
held today to hear the charges against
Miss Eva Todd, the teacher In the Adair
School who was accused of breaking the
quarantine regulations imposed by City
Physician Pilklngton, during the time
that she was ill with what was supposed
to be the first symptoms of scarlet fever.
After a full Investigation the board de
cided to suspend Miss Todd from her du
ties as teacher for a period of 20 days,
the suspension to date froin February 3,
the last day of the recent "term of the
city schools.
Whitman Representative Chosen.
, WHITMAN COLLEGE, Walla Walla,
Wash,, Feb. 10. (Special.) At a tryout
here tonight Louis Sutherland, of the
junior class, was chosen college orator to
represent Whitman In the Intercollegiate
contest at Pullman In May.
LABOR IN ASCENDANT.
Australia More and More Under Rule
of Union Forces.
Burris Gahan in Booklovers.
Far more than one-quarter of all tho
citizens of Australia live in Sydney and
Melbourne; more than one-third live in
the various state capitals: and nearly
one-half live In towns of five thousand or
upwards. This concentration of people in
the cities and the simplicity of the In
dustrial system combine to make the or
ganization of labor easy and effective.
And organized labor, during the last ten
years, has played upon the mobility of
the party system here to bring about the
radical reforms that make these colonies
conspicuous.
This present ascendency of labor can
be traced, curiously enough, to the de
graded position of labor at the begin
ning. A hundred years ago there were
but two kinds of settlors, the convicts
and their keepers. Often their positions
might have been reversed with equity.
When free settlers came, the convicts
were hired out to them like slaves. Horny
hands became almost as much a sign of
disgrace as leg-irons themselves. It was
not till the convict system was abolished
that honest toil was reputed honorable.
Then came the inevitable reaction. The
workers, so long despised, could com
mand respect when reinforced by the
gold-miners and other free colonists.
Trades-unionism came in the 'SOs to or
ganize their forces, raise their courage
and swell their pride. Their pride was
soon humbled, but their courage could not
be broken. The great maritime strike of
1S90 crippled the commerce of the conti
nent and paralyzed a dozen industries in
no sense maritime. It was followed dur
ing the next three years by shearers'
strikes and miners" strikes that coat the
governments alone $2,000,000, and the men
more than double that. AH the strikes
failed. In five years the employers won
every strike In every colony. Drought and
financial disaster followed fast to swell
the ranks of the unemployed and weaken
the force of labor. Yet labor turned de
feats and difficulties into reasons for bet
ter organization. In its victories, capital
might have read the ultimate triumph of
the vanquished. Henceforth the horny
handed stood a political Integer. Ten
yeans ago workingmen began to win seats
in Colonial Parliaments. Sometimes by
merglng with the progressive, sometimes
by holding the balance of power between
the two old parties, sometimes by stand
ing aloof from both and striving for
office itself, the labor party in tho various
colonies has succeeded in molding recent
Australian legation and in making a
journeyman printer the Premier of tho
continent.
Confesses He Robbed Employer.
RENO. Nev., Feb. 10. George Morris,
for some time a trusted employe of the
Wells-Fargo Express Company at
Truckee, Cal.. has confessed that ho
robbed the office a few weeks ago, secur
ing" more than $1200. Morris gave in
formation leading to the recovery of $S00
of the stolen money.
Any doctor will tell you how
nutritious Ghirardelli's
Ground Chocolate is. . But
the people who drink it are
the best exponents of its
healthfulness.
An ideal winter drink; excellent fcJf
children. "