THE . MORNING OREGONIAN, TUESDAY, FEBRUARY U, 1905.
GA8E IS SENT BACK
Findings-in Wilson. Estate-are
Not Complete.
APPEAL IS FROM MULTNOMAH
Oregon Supreme Court Affirms Judg
ment of Lower Court Jn Case of
Groves Estate Executrix
From Lane County.
A judgment declaring property of an
cftate escheated to the State of Oresron
annot be entered until the Jurisdiction
the County Court for the purpose of
pa; iiie debts and expenses of admims-t-alon
has terminated.
An unsecured debt Incurred before the
rasasc of the homestead exemption
;cw Is not a Hen upon the home, and a.
c'lir.hartc of the debtor In bankruptcy
destroys tho remedy of tho credjtor.
An Indorser of a note, for collection,
may sue In hla own name, but cannot
contradict tho Indorsement -by parol evi
dence to show that he owns an interest
.n the note.
SALEM. Or., Feb. 38. (Special.) Deci
sions were handed down by the Supreme
Ouft today as follows:
State vs. Simmons.
Stale of Oregon, respondent, vs. S. W.
Flmmons, administrator of. the Henry
"Wilson estate, appellant, from .Multnomah
. ounty, A. P. Scars. Jr.. at. C. George
and John B. Cleland, Judges; reversed
and remanded. Opinion by Chief Justice
A olverton.
Wilson died in Portland in 3899. leaving,
property, but no heirs, or devisees. Slm
mans was appointed administrator, tut
brfere the estate had been settled up, this
wrtion wan brought in the Circuit Court
to escheat the property to tho state. The
l ircult Court entered a Judgment for tho
plaintiff, directing tho Sheriff to take the
property, sell it, and deposit the net
proceeds in the State Treasury, according
to law. The findings of fact were silent
upon the question whether the debts of
the estate or the costs of administration
had been paid.
On appeal, the Supremo Court holds that
the County Court was entitled to Juris
diction until the debts had been paid and
te administration completed, and that
the administration was entitled to pos
session of the property. The escheat pro
codings could be commenced before the
administration was complete, but the
("Ircult Court could not interfere with the
jurisdiction of tho County Court until the
purpose of administration naa Deen ac
complished.
Because the findings do not show wheth
er tho debts and expenses of administra
tion had been paid, the case Is sent back
to the Circuit Court for such further
proceedings aa may be proper.
Groves vs. Osburn.
Emma K. Groves, executrix of the es
tate of "William Groves, appellant, vs,
John II. Osburn. respondent, from Ben
ton County, J. "W. Hamilton, Judge: af
firmed. Opinion by Chief Justice "Wolver
ton.
The defendant was adjudged a bank
rupt in November. IKK), and was dis
charged of his debts by order of the Fcd-
rral Court in .May, 3901. His home in Cor
valUs was set apart to him In the course
of the bankruptcy proceedings, and the
estate was fully settled and the trustee
discharged In 1902.
This suit was instituted in.March, 3903,
to subject the home to tho payment of
four notes executed In 1S9L These notes
were prcveable, and were proved in the
bankruptcy proceedings, and a small divi
dend paid thereon. The Circuit Court dls
missed the suit and the plaintiff appealed.
The homesteaa exemption act was
passed in JSC. alter tnese notes were
glien, and the question presented In this
case was, whether a court of equity has
Jurisdiction to entertain this suit, since
the bankrupt has been discharged of the
ebts upon which the suit was founded
The Supreme Court, affirming the lower
court, holds that the debt was not a Hen
upon this property, and that, since the
debtor bad been discharged by the bank'
ruptcy proceedings before the plaintiff
sought to enforce her demands, her rem
edy Is entirely swept away.
Smith vs. Bayer and Hobkirk.
Milton "W. Smith, respondent, vs. J. C. ,
Bayer and Peter Hobkirk, appellants,
from Multnomah County.'M. C. George,
Judge; reversed and new trial ordered.
Opinion by Justice Bean.
Plaintiff brought action upon a note in
dorsed to him "for collection and return"
to the payee. The defense was. that tho
r.of had been paid by defendants to the
payee.
Held that the plaintiff has a right to
bring action in his own name to collect
hf note, but he will not be permitted to
Introduce parol evidence to contradict the
Indorsement "and show that he owns a
two-sevenths Interest- Held also that
payment by the defendants to the payee
is a good defense to the action.
BROKE OPEN BOX-CAR AT GOBLE
Harrj Millerman Says He Needed
Shoes State Will Furnish Them.
ST. HELENS. Or.. Feb. 13. (Special.)
Harry Millerman was brought before
Judge McBridc today charged with tho
rime of burglarizing a Northern Pacific
freight car at Goble on Friday last. Mil
lerman was caught Inside of the car by
the station agent, and on attempting to
escape, the door was closed and he was
fastened In until help was secured.
The car was filled with merchandise for
Astoria, atid Millerman had broken open
a case of shoes and scattered them about
tho car. He admitted his guilt, but stated
that he had been drinking, and did not in
tend to take anything except one pair of
shoes. He was given the-Jowest sentence,
one year In the penitentiary, and was
takn to Salem by Sheriff "White this
c enlng.
BODY FOUND UNDER THE ICE
Harvey Dunn Broke Through (While
Skating on Warner Lake.
HOOD RIVER. Or., Feb. 13. (Spe
riHl.) The lifeless body of Harvey
Dunn was found this morning under
the ice of Warner Lake, near Blngcn
Landing. The young man started skat
ing Sunday afternoon, and It was
thought he had spent the night with
friends. But falling to'return, search
was made for him this morning, when
his pony was found tied near the pond
and a hole seen in the ic.Dunn was
the adopted son of Mr. and Mrs. A. H
Jewett, of White Salmon.
THREW HIMSELF ON TRACK
Jury Finds Portland Man Committed
Deliberate Suicide at Warren.
ST. HELENS. Or., Feb. 13. (Special.)
The inquest held today at Warren over
the body of Thomas O. Connell, of Port
land who was killed by the Astoria &
Columbia River southbound train -Sunday,
resulted In a "verdict of suicide. When
the train was approaching him. Connell
slipped off the track and then threw hhn-
eol across the ralL ttudns the train. un -
til It struck him, severing the shoulders
and head from, .the lower part of the
body,
Connell Is known to have beenMrlnking
heavily, and it is supposed that he was
out of Ills mind when he committed the
act. No foresight on -the part of the
trainman could have prevented the acci
dent, and no blame is attached to them.
The body will be shipped to Portland for
interment.
Thomas O. Connell was a bicycle repair
er, and was last in business on "Russell
street, Albina. He came here from South
Dakota some four years, ago, and was un
married. Nothing is Known oi ms ante
cedents.
APPORTIONMENT IN IDAHO.
Lively Contest Is Expected When
Subject Is Brought Up.
BOISE, Idaho. Feb. 13. ('special.)
One of the liveliest contests of this ses
sion of tho Legislature Is likely to arise
over a new apportionment of the state
for Legislative purposes. It Is prob
able Representative Thomas of Nez
Perces will present It. The basl3 of this
bill is the total vote cast for Governor
at the last election.
It Is proposed. It is stated, to give
one Representative up to 3000 votes,
two from 3000 to 3500. three from 3500
to 6000. four from 5000 to 6000, five
from C000 to 6500 and six for more than
6500, the major fractions being tinder-
stood to apply In each case. On the
basis of last year s Vote there would be
no other decreases unless the Legisla
ture should consider part of tho vote
cast in Shoshone County as belonging
to Nez Perces on account of the an
nexation, in which event Shoshone
County would lose one. The total mem
bership of the House would bo 52, and
the only increase over tho present ap
portionment would bo Ada one, Koot
enai two and Nez Perces one.
Nex Perces will insist on being cred
ited with the annexed votes, notwith
standing they were casi In Shoshone
County, which would give Nez Perces
six and reduce Shoshone to three. The
Bear Lake and Oneida delegations will
fight any reduction.
BALL HAS VERY BLACK RECORD
Career of Accused Slayer of Partner
on Alaska Island Now Known.
SEATTLE. "Wash., Feb. 13. Robert
Ball; under arrest at Juneau for mur
dering "William Doppe on Fox Island
on January 2, proves to be Charles R.
Mains, formerly of Battle Creek, Mich.
There he was tried for attempted mur
der and indicted for perjury. He was
disbarred because of threatening the
life of the Circuit Court Judge. Ho
was arrested and convicted in San
Francisco for using United States malls
to defraud. He has kept his past a'
secret up to this time.
Tho shooting of Depee was the culmin
ation of a series of legal fights and per
sonal encounters.
BATTLE CREEK. Mich., Fob. 13.
Charles R. Malnes. who Is thought to be
the man under arrest at Juneau for
murder, loft here about five years ago
after a most sensational career. Accusod
by Stephen F. Hulbert. a brother at
torney, of defrauding him of $1800, Malnes
was arrested on a charge of perjury and
forgery. It was later learned that Malnes
concocted a plot to abduct Hulbert and
murder him if he would not sign papers
exonerating Malnes from the charges
against him.
The police dressed one of their number
to represent Hulbert at the time and
place of tho projected abduction, and the
disguised officer was taken into a car
riage and driven off by Malnes, to be re
leased by a squad of officers who were
watching the affair.
Malnes defense was that the alleged
abduction was purely a plot of the police.
of which he himself was the victim. He
was tried on the charge of abduction and
attempted murder and was acquitted.
Soon after this he left for the "West,
Malnes was a broad-shouldered man.
weighing 200 pounds. He had brown hair
and blue eyes, w'ith teeth slightly pro
truding. He was 5 feet C Inches tall and
usually smooth shaven.
Winter Carnival at Walla Walla.
"WALLA "WALLA. Wash., Feb. 13.
(Special.) The Midwinter fraternal
carnival, under the charge of the
Knights of the Maccabees and Forest
ers, was opened here tonight in tho
Armory .with ceremony. At 7:30 o'clock
a parade, composed of the Cavalry band
and hundreds of ostumed men, escort
ed the queen to Armory . Hall, which
was brilliantly decorated for the oc
casion.
Clara Pickard was crowned queen
and Mayor Hunt presented her the key
of tho city in a brief speech. The car
nival will last the entire week. The
queen was a student at Whitman Acad
emy last Fall. ,
Dismissed From the Service.
VANCOUVER BARRACKS. Wash., Fob
13. (Special.) Information was received
from Washington today that Second Lieu
tenant Paul H. McDonnell. Tenth In
fantry, who was recently court-martialed
at Fort Lawton for obtaining money on
false pretenses and for conduct unbecom
ing an officer, has been sentenced to dls
missal from the service; and two years
at the military penitentiary at Fort Leav
enworth, Kan.
Fast living and dissipation are said to
have been the cause of the Lieutenant's
downfall.
Stands to Lose Millions.
BUTTE, Mont.. Feb. 13.District Judge
Bourquin this afternoon pontlnued until
February 27 the hearing of the order to
F. Augustus Helnze to show cause- why
his answer in the case, of the Boston &n
Montana against F. Augustus Helnze. et
al. for $5,750,000 damages for ore alleged
to have been Illegally extracted from
veins of the" plaintiff company. The hear
ing was to have been held today, but on
account of the Supreme Court's writ of
prohibition, today's continuance was
made.
If Heinae's answer Is stricken from the
court files, it amounts to a judgment
against him for $o.o0.000 by -default, ac
corumg to Juuge Bourquin.
Vancouver Man Disappears.
VANCOUVER, Wash., Feb. 13. (Special
Frank Allen, proprietor of the Gem Res-
tauraht, has disappeared and his friends
are much concerned lest he has met with
misfortune. He was last seen yesterday
at 2" P. M., when he crossed the ferry tor
Portland.
Mr. Alien is a man of exemplary nab
its and was conducting a successful bus!
ncss. No reason is known why he should
drop suddenly out of sight.
Crushed Under Falling Rocks.
BUTTE, .Mont., reo. is. a. Minor spe
clal from Red Lodge says Nestor Puumala
was killed In the Rocky Fork Coal Mine
this afternoon, and his partner. Henry
Laurlla. Injured, perhaps fatally. The
men were employed In a room on the
fourth east entry. Without warning
huge mass of rock broke away from the
roof and descended, crushing the tw
men.
Ice Floating in the Columbia.
VANCOUVER. Wash., Feb. 13. (Special
Largo quantities of Ice are still floating
in the Columbia River at Vancouver, bu
the ferry has not been hindered as yc:
It is expected, however, that trouble may
be experienced tomorrow, as the warm
weather will loosen the ice above.
Cold Weather Is Passed.
LA GRANDE. Or.. Feb. 13. (Special
Cold weather In the Grand Ronde I
ovorfandjqtoday it was thawing.. It has
not rjgistcredebelow zero since .Sunday
J noon!
KNIFE IS SUSPENDED
Many Washington Men May
Lose Their Official Heads.
FLURRY AMONG THE VICTIMS
Appropriations Committee Given 'Un
til March 1 to Report Bijl Passes
Senate io Establish Hatchery
on the Chehalis River.
OLYMPIA, Wash., Feb. 13. (Special.)
The special Senate committee appointed
to Investigate tho Senate employes has
prepared a report urging the reduction
of tho force of employes to 3S persons.
This cuts off 17, and the 17 persons whoso
Jobs are in danger today got wind of
the committee s decision ana started out
to defeat the recommendation. Several
C the Senators were absent, and In view
of the possibility of a strong protest be
ing made against the report by members
having friends among the employes. Sen
ator KInnear, chairman of the Investigat
ing committee, withheld his report until
tomorrow.
Two important bills that were Indefinite
ly postponed by the House last Friday,
which was tho last working day preceding
today's session, wero-revived by the House
this afternoon and placed on the calen
dar. One of the bills -seeks to prevent
boycotting and picketing by strikers, and
the other declares Invalid airy brokerage
contract for arranging a sale or pur
chase of lands unless the contract or
agreement Is in. writing.
There was no opposition of consequence
to the reconsideration of the vote on
either bill. Both bills take their place
on the calendar and will come up' again
for final action.
An attempt was made by Roth this
afternoon to put through the House a
resolution requiring the appropriations
committee to report the general appropri
ation bill by Wednesday noon. Roth
frankly said that the motion was to stave
off the trading votes and Influence on
appropriations for the passage of other
bills at the close of tho session and to
give the members of the House an op
portunity Intelligently to consider the
arlous Items. He said it was the usual
custom to turn back the clock at mid
night of the last day In order that the
House might pass the general approprl
atlon bill. A matter Involving expend!
tures of $1,000,000 or J2.000.000 should be
given more deliberate consideration.
McCoy, chairman of the appropriation
committee, moved to amend by giving
the committee until Friday noon, and
Rdth accepted the amendment. Dawes ob
icctcd and another amendment giving the
uommlttee until March 1 to present the
bill was adopted.
A big list of new bills presented today
contained one by Senator Hammer fix
ing a penalty on railroad companies of
$20 per car for discrimination la distrib
uting them; a bill by Russell, defining
fellow-servants; by Ruth, permitting the
sale of the state's unproductive oyster-
land reserves; by Booth, increasing the
salaries of Supreme Justices to $6000; a
direct primary law by Strobrldgc; an ap
propriation bill carrying $50,000 for the
bulldl- of a state bridge across the Co
lumbia at Wenatchee; and by Weber, ex
empting charitable bequests from the
operation of the inheritance tax law.
Two bills prepared by the independent
packers and purse seiners of Puget
Sound who are opposing the Earles bill.
providing for a six weeks closed season on
salmon fishing in 1906 and 1908, were pre
sented In the House today by Lyons.
One bill provides for a weekly closed
season in all years on Puget Sound, be
ginning at 6 P. M. Friday and ending
at C A. M. Sunday. The other bill re
quires that a 15-foot gate be constructed
in the lead of every fishtrap and that
the gates shall be opened and the sides
of the tunnel and the front of the pot
raised during all times when salmon fish
ing is prohibited.
The Veness bill appropriating $25Q0 for
a fish hatchery on the Chehalis River. In
Lewis County, a tributary of the Colum
bia, passed the Senate today. The bill
directs the Fish Commissioner to prospect
tne river, and if he finds It suitable for
hatchery purposes, to establish and main
tain one thereon In Lewis County.
Work of the Committees.
OLYMPIA. Wash, Feb. 12. (Special.)
The Reld Tax Commission bill, which
passed the House last week, will come
out of the Senate judiciary committee to
morrow with a divided report. The ma
jority will recommend Its passage and the
minority Its indefinite postponement.
. Llndsley's bill giving first, second and
third-class cities the right of eminent
domain will bo reported favorably, but
the bill by the same author relieving
cities from liability for damages for ac
cidents occurring on unimproved public
streets will have a majority report recom
mending its Indefinite postponement
The Senate anti-pass bill was taken up
by the Senate Judiciary committee to
night and a majority of the committee
favor its passage after striking out sec
tion four. The minority are also in
favor of the bill but submit a substitute
for section four. The offending section
permits public officers who own $500 In
stock In a railway company to accept a
pass thereon, and also permits city ofil-
cers to accept street-railway passes under
authority of ordinances. The minority
substitute cuts out the exemption in
favor of stockholding public officers and
permits only appointive city officers to
accept street railway transportation when
authorized to do so by charter or ordi
nance.
International Arbitration Indorsed.
OLYMPIA, Wash., Feb. 13. Both houses
of the Legislature have now adopted
memorial indorsing international arbitra
tion, the House having taken up the me
morial out of order this afternoon. The
memorial will be forwarded to Congress
at once.
The Senate today passed the House bill
requiring the registration of estrays. Tho
senate refused to allow the exuense bill
of the Irrigation Commission hat was
appointed by Governor McBride last year.
at the request of the commercial organi
zations oi tne state.
The House has Indefinitely postponed
tne bill pronlbltlng the sale of intoxi
cants within 1000 feet of public libraries.
The vote by which the antl-boycotting
bill was indefinitely postponed Friday was
reconsidered and the bill will again come
up for final action, and tho same action
was taken by the House In reference to
the bill making real-estate brokerage con
tracts invalid unless In writing, which
had been indefinitely postponed.
The Spokane Chamber of Commerce has
asked, through a memorial presented to
the Legislature today, an appropriation of
$25,000 each year for topographical sur
veys of semi-arid lands. In order to as
sist the Federal Government In its irri
gation work.
A bill was Introduced in the Senate by
Baker making news associations com
mon carriers.
OPPOSITION TO THE ROAD LAW
Committee Appointed From Inter
ested Counties to Prepare a Bill.
OLYMPIA. Wash.. Feb. 13. (Special.)
The opposition to the present road Jaw.
which Is a product of the Legislature' of
1903, found -expression tonight In the call
ing of a meeting of members who favor
a change in the law. The meeting was
held In the Senate chamber and. without
discussion, a committee was appointed,
consisting of one member from each
county where it Is believed the sentiment
favors a change. These members, 22 In
number, met and In turn appointed a sub
committee of nine to draft a bill.
In the . committee meeting discussion
tended to show that . -majority of, the
number were not" In favor of any radical
changes. The particular complaint against
the present law Is that the commissioners
repair the main roads and neglect the
branches, and stress is laid upon the'ne
cessity for legal sanctions to farmers to
do local road repairing. It was considered
advisable to amend the law In some par
ticulars In view of the fact that both
parties In their platforms declare for a
change.
A deal Is in process of negotiation be
tween Pierce and Spokane Counties on
the capital-removal bill. In which It la
proposed that Spokane shall support the
bill and that Pierce County shall rellh-
qulsh all claims tp the location at Stell
acooro . of the proposed new School for
Defective Youth, and exert the delega
tion's Influence to locate the school at
Medical Lake, In Spokane County. The
deal has not been fully consummated.
BIG JOB FOR THE STATE PRINTER
Laws to Be Codified and Published
In Pamphlet Form.
SALEM. Or.. Feb. 33. (Special.) For
the codification and printing of laws in
pamphlet form." by the State Printer,
Senator Hodson today introduced a con
current resolution and secured Its adop
tion by tho Senate. The resolution di
rects the State Printer to compile and
print laws upon the following subjects:
Conies
Corporation 2400
Mines and Mining .".....2400
Irrigation t- 24
Fishing 3600
tish and uame
Medicine. Pharmacy and Dentistry.. 1200
Assessment and Taxation 2400
Public Lands 2400
Pure Food i S00
Domestic Animals 3400
Labor 2400
Direct Primary 7200
Over the protest of the Senators from
Douglas, Senators Coshow and Booth, the
Senate today passed Coke's bill to take
ono township from Douglas County and
add It to Coos. The township borders tho
northeast corner of Coos -County and con
tains about a dozen aettlers.
Senator Coke presented a petition from
the settlers asking for a change in the
county boundaries. Senators Coshow and
Booth said they have not had time to
Investigate the matter since the bill was
Introduced, and had no remonstrance to
present.
Senator Laycock secured passage to
day of a bill that will save Grant County
something like $300 a year. Senator Lay
cock explained that since present salaries
were established, the area of the county
has been cut down and as the stock busi
ness has not been good, the people wish
to cut down expenses.
The salary of the Clerk Is cut from
$3000 to $2500; of the Sheriff from $3600 to
$2S00; of the Judge from $1000 to $S00; of
tho Treasurer from $S0O to $720.
- To require affidavits of unregistered
electors to be sworn to In the presence
of election judges, a bill of Represen
tative Huntley passed the House today.
It aims to prevent such fraudulent
swearing In of votes as has been com
mon in Multnomah County.
To require the posting of notice of
treasure trove in two different places
in a county and tho filing: of notice with
the County Clerk, a bill of Representa
tive Donnelly passed the House to
night. Owners of the soil on which
treasure trove Is discovered are to
have custody until the property Is dis
posed of according to law.
TWO INSURANCE BILLS FAIL
One Affected Combination of Fire In
surance Companies In Portland.
SALEM, Or., Feb. 13. (Special.) Two
insurance bills of Representative Capron
failed to pass the House tonight, one of
them being the one advocated by the
Portland Chamber of Commerce and bus
iness firms of that city, to prohibit com
binations of fire-Insurance companies and
consequently extortionate rates; the other
to prevent special contracts in life in
surance, whereby special privileges are
granted to favored individuals.
This morning, when the members of the
House committee came from breakfast
each was greeted by a telegram from the
Portland Chamber of Commerce asking
them to support the bill against extor
tionate fire-insurance rates.
Representatives of the fire companies
were busy all day, and tonight even on
the floor of the House they carried on
their lobbying, according to Capron, who
set up complaint and called the attention
of the House to their presence.
The vote on passing of the bill was 23
noes and 21 ayes.
Capron made a strong argument for
passage, saying that the Board of Fire
Underwriters was an arbitrary and ex
tortlonate outfit, headed by a czar In San
Francisco In the person of A. D. Still
man. The board he called a blood-suck
ing Institution and said that policy-hold
ers in Portland arc groaning under Its
exactions. Capron was supported by
Smith of Josephine and Muir of Multno
mah.
NUMBER OF BILLS IS GREAT
One or Two Evening Sessions Will Be
Held Before Adjournment.
SALEM. Or., Feb. 13. (Special.) Each
house of the Oregon Legislature held
night sessions tonight and concluded the
consideration of bills in the House in
which they originated. During the four
days remaining each house will devote Its
exclusive attention to bills originating in
the other house.
While the number of bills on the calen
dars is large, it is generally believed that
the Legislature will he able to dispose of
them all without doing the work In
careless manner. Probably one or two
evening sessions will be held before the
final adjournment.
Many of the bills passed by one house
have already been In. Uje hands of com
mittees In the other house for several
days, and the reports are ready. Bills
passed today will be read the first time
tomorrow, and perhaps a second time, so
as to send them to committees. Enroll
ing committees have had their work well
in hand and there Is no likelihood of
delay from that source.
There are now on the House calendar
about 310 Senate bills and on the Senate-;
calendar about 100 House bills.
NO MANSION FOR GOVERNOR
House Votes Down Appropriation at
Night Session.
SALEM, Or.. Feb. 13. (Special.) Death
In the House was the fate of the execu
tive mansion bill which came up for
passage tonight. The bill appropriated
$14,500 for purchase of tho Patton house,
near the Capitol. TJie vote dn passage
wa3 30 noes and 20 ayes- Two years ago
an appropriation of $15,000 passed both
houses, but was vetoed by the Governor.
The" bill was reported to the House by
the committee of ways and means with
out recommendation, though at one time
the committee bad decided to recommend
against It. On the floor of the House to
night the purchase was advocated by
Bailey of Multnomah and Butob of Coos,
and those who ppoke Irr- opposition were
Mlles"bf Yamhill, Jlewell of Washington
and Edwards oi Lane.
DEPOSITS OP CITY
Mills Bill Promised Support
Portland Delegation.
BANKERS TALK AGAINST IT
Provision Made for Security by City
Bonds of Value Equal or Other
Securities Worth One and
One-Fourth the Amount. -
SALEM. Or., Feb. 13. (Special.)
Whether to secure deposits of City of
Portland funds with bonds of surety
companies or with standard securities
worth one and one-fourth the amount
of the deposits, was an issue in a debate
before the Multnomah delegation to
day. Speaker Mills' bill to amend the
Portland charter provides that all de
posits shall be secured by bonds of the
CItj of Portland, whose value shall be
equal to the deposits, or by other secu
rities whose market Value shall be one
and one-fourth the amount of tho de
posits. Tho delegation has agreed to
support the Mills bill, but 1b still pon
dering. Tho delegation was addressed by
Benjamin I. Cohen, of the Portland
Trust Company; J. Frank Watson, of
the Merchants National Bank; W. A.
McRae. of the London & San Francisco
BaijK, and J. L. Hartman and A. B.
Manley. representing' surety companies.
all of whom desired tho charter" left as
it is, so as to secure city .funds with.
bonds of surety companies.
The delegation last week agreed to
put Speaker Mills' bill through the Sen
ate. The section relating to securlty'of
city funds, as recommended by the old
cnarter board, required one and one
half tne value of tho deposits instead of
one and one-fourth and was cut down
at a meeting of the delegation last week.
The other provisions of Speaker Mills"
bill contain the amendments recom
mended by the charter board, as for
lessening- the cost of advertising street
and sewer assessments, giving postal
card notice of such improvements to
property-owners within tho proposed
districts, and providing a more facile
method of granting franchises for
short street-car extensions and connect
ing tracks. Another provision provides
for s. 10 per cent penalty on street and
sewer assessments that shall be delin
quent more than 90 days, the present
penalty being- o.ily an interest charge.
Speaker Mills' bill for bonding the
city for $325,000 for parks has also
passed the House and is In the Senate.
It will encounter opposition and some
doubt exists of its passage, for Notting
ham, Holmau and Hodson are opposing
it. Malarkcy Is the most vigorous cham
pion of the bill.
Another Portland bill 13 that of Rep
resentative Colwell to authorize a tax
levy of 2 mills for building bridges
costing- more than $15,000 each. This
bil has passed both houses and pro
vldes that electors of the city shall vote
on the question whether to pay for fu
tur'e bridges and also for thoso which
have been built under the district as
scssment plan. Tho coupling of these
two questions Into ono on tho ballot
created much dissatisfaction In the del
egatlon and the members had a lively
row over it last week.
Colw ell's bill provides for annexation
of two areas to the city, one west of
Mount Tabor, the other between Urilver
slty Park and St. Johns.
All the charter amendments, includ
ing the bridge tax and the annexation
projects, arc to be "voted on next June.
Senator Hodson today Introduced
bill, which the Senate passed, for the
purpose of authorizing the City of Port
land to appropriate all the water of Bull
Run Creek for water supply purposes
In Portland. Senator Hodson explained
that it Is evident that Portland will
need all tho water of Bull Run Creek,
but efforts' are being- made to secure
private water rights on the stream.
Appropriations of water already filed
are defective, said Malarkey. and will
not prevent the city from securing- the
control of all tho water In the creek, if
this bill be passed. The bill passed
without opposition.
The bill passed the House tonight to
Increase the salary of the next County
Clerk of Multnomah from $2400 to $3000 a
year. The delegation refused to Increase
the salary of the present Incumbent
Another bill passed granting the District
Attorney of Multnomah a third deputy
at $120) a year; another to raise the fee
for naturalization papers from $1 to $3,
and another to require the County Court
of Multnomah to furnish the three Jus
tlces of the Peace with offices and sta
tlonery. The above bills originated in
the house.
VOTE ON PORTAGE EXTENSION
Measure Passes the Senate With Only
One Vote to Spare.
SALEM. Or., Feb. 13. (Special.)
Whealdon's bill to appropriate $30,000 for
the extension of the Portago Road will
have-a hard time In passing the House,
if the showing made in the Senate Is an
Indication of the view the lower branch
of the Legislature will take.
The two Senate members of the joint
committee to Investigate the Portage
Com3lssIon, reported strongly In favor
of the bill, notwithstanding which fact,
there were only 17 affirmative votes. The
three House members have reported
against the bill, and It will be fought In
the House.
In the Senate there was no debate
against the bill, but Senator Whealdon
spoke at length In behalf of the measure.
Members had discussed the bill among
themselves and had made up their minds
how they would vote- The vote was
Ayes Bowerman. Brownell, Carter. C'oe,
Coshow, Hodson. Holxnan. Laycock, Malarkey
McOon&ld. Nottingham, Pierce, Rand. Slcnel,
Smith. Tuttle. "Whealdon 17.
Noes Avery. Booth. Coke, Croisan, Farrar,
Halne. Hob6on, Howe. Lougnary, Miller,
"Wright, President Kuykendall 12.
Absent Maya 1.
SAILORS TO BE MUCH CHEAPER
House Passes Bill Putting Figure at
Twenty Dollars.
SALEM. Or., Feb. 13. (Special.) If the
bill of Cavender of Linn, which passed
t me X1UU3U IU1I1SI11. umuuica a. mm, ouiji
j captains will not be required to pay $30
head for each sailor secured tnrougn
sailor boarding-house, for this fee Is re
duced to $20 In tho bill. Charitable lns
tutlons which make no charges for ship
ping seamen are exempted from payin
the state license.
The bill came originally from Governor
Chamberlain, but after passing through
three committees was materially changed.
The Governor had asked that the ap
pointment of the Sailor Boarding-House
Commissioners be given to him exclu
sively, but as the bill passed, the Secre
tary of State and State Treasurer have
a hand In the appointment, as at present..
In the original bill the shlpplirg fee was
put at $10. but Jack Grant,, of Portland,
told the commerce committee that he
could not conduct his business in a legiti
mate manner at such cut-rate prices.
Port of Portland Graft Story Today.
SALEM. Or.. Feb. 13. (Special.)
The House will give an airing- to the
Srw
Mid-Week Specia
TEN-DOLLAR
Music Cabinets
Today, tomorrow and Thursday. Pretty
Music Cabinets at 20 per cent less than regu
lar price. Built of mahoganized birch with
fine grain and high polish on exact lines of cut
above. Thirty-eight inches high, eighteen
inches wide and fourteen inches deep. Has
five adjustable shelves.
TUESDAY, WEDNESDAY, THURSDAY
SPECIAL
$1.00 DOWN AND
50 CTS. A WEEK
TULL & GIBBS
COMPLETE HOUSEFURNISHERS
Port of Portland graft stories tomor
row at 11 A. M., when consideration of
the Governor's veto on the new com
mission bill will come up as a special
order. Bailey is very confident of his
ability to convince tho House that G.
B. Thomas received the $500 graft, and
says the House will certainly refuso
to retain Thomus on the board, and will,
override the veto. Indications are that
the vote on the veto will be close.
Railroad Measures Are Dead.
3ALB1I, Or., Feb. 13. (Special.) Two of
"Josephine" Smith's railroad bills went
to the graveyard In the House today.
Smith said It was on orders from the rail
roads, and the House smiled broadly. Ono
of them provided for a railroad commis
sion and was Indefinitely postponed; the
other provided that railroad rates should
never be any higher than those charged
on January 1, 1905.
The latter bill was robbed of its fangs
by the committee on Federal relations.
wh!fh threw out a section providing that
freight rates within the state should not
be higher than a certain per cent above
the rates charged outsldo the state on
the same class of .freight, but etlll the
measure failed to pass by a vote of 21
noes to 23 ayes.
Protest on King Hume's Monopoly.
SAld3M. Or.. Feb. 13. (Special.) A
twin of the House bill which aimed to
abolish R. D. Hume's salmon monopoly
on Rogue River and which was sent to
the cemetery In the Senate last week,
passed the House tonight and went
over to the Senate to worry Hume
aain. The first bill was introduced
by Representative Burns of Coos and
the second by Representative Hermann
of the same county.
The bill Is Intended to repeal an act
of 1S99 by which Hume, by means of
riparian, rights on Rogue River in Cur
ry County, possesses exclusive fishing
rights.
Bills Left With Committees.
SALEM. Or., Feb. 13. (Special.) A
large number of bills were left in the
hands of House committees tonight on
adjournment, but most of them were
measures whose features had been in
corporated in other bills. Amonjr tho
bills that died in the hands of commit
tees were these:
Vawter's bill to amend the corporation laws.
BuVsess bill to create Jefferson County.
Bill br Smith of Baker to provide for lo
cation of mlnlns claims.
Bill by Smith, of Josephine to provide com
partment for girl at the Reform School.
Jayne'a bill to abolish private seals.
BlakeJey's bill to create Hot Lake County.
Bill by Burns of Coos to provide for col
lection of poll tax.
BUI by Srnfth. of Josephine to require label
ing of convict-made clothing?.
Fund for Orphan Asylums.
SALEM. Or.. Feb. 13. (Special.) To re
duce the annual appropriations available
: for orphan asylums from $12,000 to $4000. a
bill from the committee on ways and
TERMS
means passed the House tonlsht. Vaw
ter, chairman of the committee, explained
that only one Institution had thus far
made use or the appropriation, and that
its share had amounted to about $1000 a
year.
The law provides that orphan -asylums
may receive from the state $50 for each
lnnAte under 14 years of age.
Owes Resignation to Oregon.
Speaking In reference to the case of Sen
ator Mitchell, State Senator J. S. Coke,
of Coos County, said:
"I was quoted in yesterday's Oregonian
as saying that the present Oregon Legis
lature should arrange for the election of
a successor fo Senator Mitchell. This
statement, standing alone, Is somewhat
absurd, since a vacancy in the office held
by Senator Mitchell has not yet occurred.
It Is my opinion, however, that in tho
light of present circumstances Senator
Mitchell owes it to the people of the State
of Oregon, who have so long and signally
honored him. to tender his resignation,
and that If he declines to do so, the mem
bers of the Oregon Legislature would be
Justified In adjourning to a day certain,
so that. In the event of Senator Mitchell
being- unable to disprove the charges made
against him and a vacancy occurring in
the office now occupied by him, a suc-
cessor who shall be in accord with the
policies of the administration and. tho
dominant party at Washington may be
chosen: and the earlier this occurs the
better It will be for the people of the
state. These statements are not prompt-
i-eH by a desire or inclination to prejudice
I Senator Mitchell, but I believe we should
not permit personal considerations to pre
! vent us from frankly meeting a situation
I which so plainly confronts us. I have
always had the utmost faith In the high
honor and integrity of Senator Mitchell,
and hope he may entirely disprove the
charges preferred against him."
Bliss to Go Back to Iowa.
SALEM. Or., Feb. 13. (Speclal.)-Gover-nor
Chamberlain this morning honored
the requisition of Governor Cummlngs of
Iowa for the arrest and return of Duan
F. Bliss, wanted in that state to answer
to the charge of embezzlement. Bliss was
t formerly agent for the Green Bay Lum
ber Company, and when he decided to
come to Oregon, brought about $300 of the
company's money with him. He was ar
rested in "Woodburn.
Bills That Failed -In House.
SALEM. Or.. Feb. 13. (Special.) The
following bills failed to pass In the House
today :-
H. B. 346. by Graham To protect llvcry
stablc keepers from deadbeats; failed to pars.
H. B. 343. by Mayser To give cities tha
right to regulate pool-selling; failed to pass..
Ayes, 13; nay. 13.
How Did the Log Get There?
LA GRAXDE. Or., Feb. 13. (Special.)
"While sinking an artesian well about
20 miles out of La Grande tho drill
struck a yellow pine log-. 700 feet be
low the surface, which, from the pieces
brgught up. were In a perfect state of
.preservation. Below the log- came a
stratum of quicksand..