Morning Oregonian. (Portland, Or.) 1861-1937, February 16, 1905, Page 12, Image 12

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

Railroads Are Not Forc
ing the Fighting.
Amendments Prepared for the
Commission Bill.
Other Changes Will Be Insisted Upon
That Will Rouse the Radicals to
Save Stringent Measures of
the Proposed Law.
OLYMPIA, Wasn., Feb. 15. (Staff
Correspondence.) When cx-Governor
McBridc was spreading the railroaj
commission gospel from the stump two
years ago he always alluded to the de
funct Oregon Railroad Commission as a
"poor, weak, nerveless creature." The
original commissiou men in this state
were abundantly supplied with nerve
and made most generous use of it in
lormuiating a commission bill for
"Washington, but despite their efforts
tho trend of sentiment now promises
to culminate in a commission answering
McBride's description of tnat which
flourished and faded in Oregon.
This bill, as previously explained,
places the O. R. & "S. Co. at a disadvan
tage, if the joint-rate provision is en
forced in its present shape. The cele
brated southeast combine is on much
better terms with the O. R. & N. than
arc some of the other portions of the
pta;e with the. roads by which they are
served. Accordingly the Southeast will
not permit the bill to go through in
such snape that their road will suffer
jtt the hands of the commission any
more than the other roads.
Wariness of the Southeast.
The Southeast is inclined to be wary
on this feature and it is also somewhat
suspicious of the political possibilities
of the measure Despite their objections
the members are anxious to live up to 1
the pledges of their county platforms
and will vote for the passage of some
kind of a commission bill, if a safe one
can be -whipped into shape between
now and the day of adjournment. Prog
ress In this direction can hardly be
termed rapid In view of -what has been
done thus far.
The railroad forces -were given a
hearing before the joint committee
this evening, with "W. "V. Cotton ap
pearing for the O. R. & N. and B. S.
Grosscup for the Northern Pacific Both
pointed out the objections to the bill.
Mr. Cotton was the first speaker, and
after a slight discussion of the inad
vlsability of placing such unlimited
power in the hands of one man, he took
up the matter of distributive rates,
showing that under the powers granted
by the commission it would be possible
for the Seattle jobbers to kill Spokane's
jobbing trade by simply reducing and
equalizing the "present high local rates,
from Seattle to Spokane territory. J I
insisted that the joint-rate proviso had
been inserted in the bill without any
demand having bean made for it, and If
enforced would have the effect of elim
inating competition.
Power to Destroy and Make Cities.
Mr. Grosscup spoke on similar lines,
dwelling in particular on the power of
the commission to build up or tear
down cities by simply changing the
distributive rates. He refused to rec
ognize the right of the state to take
the management of the roads out of
the hands of the owners. He contend
ed that the .demand for a commission
should come from the shippers, and
not from the politicians, who, he as
serted, might in future years use the
Ab r V O vv CO A
commission as a vehicle for carrying
out their political plans.
On behalf of the electric lines, which
come under the commission bill's jur
isdiction, George Donworth. of Seat
tle, appeared to enter a protest. He
said that It would be Impossible for
the suburban electric lines running out
into sparsely settled districts to con
form to the rules which the commis
sion would have power to make, and
he asked that an amendment exempt
ing electric lines be inserted.
Kennoyer Talks of Discrimination.
Mr. Kennoyer, of Whitman County,
was the sole speaker In behalf of the
commission forces, lie insisted . that
the railroads had practiced discrimina
tion in the matter of wheat rates in
his county, and had also refused to
grant satisfactory rates on lumber and
pottery from Palouse c:es. It was
from the latter point that he thought
the joint rate provision of the bill
would prove the most effective.
There being no further speakers re
sponding, the committee went into ex
ecutive session shortly after 9 o'clock.
As many of the members were busy on
other committees, a motion to adjourn
until tomorrow evening carried without
The railroad men have not yet made
much of a fight against the bill, and
the proceedings this evening were more
in the nature of a waiting game. The
fight wilL begin in earnest as soon as
the committee takes up the amend
ments which will be offered by the
more liberal commission men and the
avowed railroad men. A number of
these amendments had been prepared
for submission at the executive session
tonight and will be presented tomorrow
evening. m
Radicals Will Not Like Them.
These amendments, from all reports,
will, if adopted, place an entirely dif
ferent complexion on the railroad com
mission bill, and will hardly be accept
ed by .the radicals without a hot fight.
In fact, both sides are rapidly ap
proaching the point where nothing but
u light can follow.
Among the radical changes which
the railroad forces expect to make In
the hill is an amendment to section 1,
relieving the Governor of absolute
power of removal, substituting in place
thereof a provision that a commis
sioner may be removed from office In
tho manner provided by law for the
impeachment of state officers. It is also
provided that for good cause the Gov
ernor may suspend a commissioner
when the Legislature is not in session.
Power of confirmation is placed with
the Senate, and In case that body falls
to confirm a commisloner appointed by
the Governor, a vacancy shall be deem
ed to exist, and the Governor shall fill
such vacancy by a new appointment,
which shall also be submitted to the
Senate at the same session for confirm
ation. Substitute for Rate Section.
A substitute for section 3 provides:
That all cJiarffw for carrying freight and
jiassengera In this state rfiall be Juat. fair and
r-atonable, and the Railroad Commission of
Washington t hereby vested wth power and
authority, upon complaint made by a person,
firm or corporation having a pecuniary Interest
therein, as hereinafter provided, after a full
hearing, to make a finding declaring any ex
isting rate' for transportation of perjns or
property to be unreasonable or unjustly dis
criminatory, and. to declare and order what
shall be a just and reasonable rate, and such
order of the commission hall take effect and
become dperatlve within 60 das after notice
thereof has been given to the railroad company
or rallroaU companies affected by the rate.
Any railroad company affected by the order
of the commission, and deeming it to be un
reasonable or contrary to law, may institute
proceedings in the Superior Court. Pending
fuch hearing, the court In which eueh matter
is pending, having juri.dlctlon thereof, shall,
upon application, stay the order of the com
mission upon the giving of a good and uffl
cient bond to be approved by the court upon
such terms and conditions as the court shall '
flx and deem reasonable under the circum
stances. Such proceedings In. the Superior
Court shall be Instituted . by a complaint In
the nature of a complaint In other civil actions
of an equitable character.
In case of an appeal to the Supreme Court,
either Supreme Court or the Superior Court
from which such appeal is taken, shall flx the
terms upon which a supersedeas shall be al
lowed, and upon giving ?uch bond as the court
shall require, the order or the commission shall
be stayed until final adjudication and decree
of the Supreme Court. Unless railroad com
panies affected by the order of the commission
shall begin action within 60 days after the
rendition of said order, such order shall go
Into effect. But the railroad company or com
panies affected may at any tlnw- file the action
herein provided for to set aside the order of
the commission.
Section Seven Is Stricken Out.
All of section 7, conferring arbitrary
rate-making powers on the commission,
when complaint Is made, is stricken out.
To section S, "which places the burden of
proof on the railroad company, an amend
ment will add:
By the term "burden of proof," as herein
m,mm? , ni. .. i t m mmsjr oxfe.
used. It la Intended to Impose upon the railroad -company
appealing from the order of the rail
road commission the affirmative of the Itsue,
but It la not intended such order of the com
mission shall take the place of evidence. It
shall not be necessary In ny such action for
the railroad company affected by the order of
the commission to rtiow that such order will
amount to confiscation of property, but if It
be shown that such order of the commission
will deprive the rallroAd company thus affected
of a fair and reasonable compensation for the
services rendered, then .5UCh order of the com
mission fhalt be set aside.
All of section 12, which directs the
commission to ascertain the amount of
moneys Invested in railroad property,
the indebtedness, salary roll and similar
Information, is stricken out, also that
part, of the same section providing for
a system of reports from the railroads
to the commission, upon application of
the commission at any time the board
sees fit to require it.
Section 14 is amended by striking "out
the words "that no witness shall be en
titled to fees or mileage from ' the
Slate of Washington when' summoned
at the instance of the railroad or ex
press companies."
Subdivision C of section 15 is amend
ed by striking out the words "it shall
also be unjust discrimination for any
railroad or express company subject
hereto, to charge or receive any great
er compensation in the aggregate for
the transportation of like kind of prop
erty or passengers for a shorter than
for a longer distance over the same
Offered as a Substitute.
In lieu of this the following is recom
mended: It shall also be unjust discrimination for any
railroad company subject to the provisions of
this act to charge or receive any greater com
pensation In the aggregate for the transporta
tion of passengers or of like kind of property
under substantially similar circumstances and
conditions for a shorter than for a longer dis
tance over the same line In the same direction;
the shorter being included with the longer dis
tance The substitute for section 4, which
contains the joint-rate provision, reads:
That the commission by this act appointed
shall have power to regulate Joint rates ot
lines under common control and management
to the same extent and In the same manner
that It is given authority to regulate the rates
over the lines of a single company. Railroad
companies shall be deemed to be under the
same control and management If a majority
of the Mock of such companies Is held and
voted by the same persons or corporations.
Some minor changes' may be-made in
these amendments when they are pre
sented, but they will retain enough of
their present construction to effect a
striking change in the bill if they are
adopted, E. W. W.
Engineers Elect Officers.
OLYMPIA, Wash.. Feb. 15. (Special.)
The legislative board of the Brotherhood
of Locomotive Engineers, which has been
in session off and on In Olympia since
January 12. yesterday adjourned to meet
at the call of the chairman, after electing
officers for the ensuing biennlum.
George O. Barnhart. of Starbuck, suc
ceeds James Foster, of Tacoma, as chair
man, and R. F. Jones, of EHcnsburg, was
elected secretary and vice-president, suc
ceeding H. A. Moore, of Tacoma. Mem
bers of the board for the ensuing bien
nlum are: M. F. Kincald, Seattle: E. G.
Spencer, Leavenworth: H. J. Jones. Hill
yard; M. Vetter, Spokane; James Foster,
Tacoma; R. F. Jones, Ellensburg; George
O. Barnhart, Starbuck.
Mr. Barnhart. the chairman-elect, has
been chairman of the locomotive en
gineers on the O. R. & X. system for the
past 15 years.
Mayor Cast Vote That Passes Ordi
nanceFight Will Be Made.
FOREST GROVE, Or., Feb. 15. (Spe
cial.) The City Council last night
passed an ordinance providing for the
licensing of saloons at the rate of $650
per annum. No time was lost in mak
ing the measure a law. It was brought
before the Council for the first time
last night, the rules of order were sus
pended and. after the required three
readings, final action was taken. The
vote by the Councllmen was a tie upon
the measure, and the deciding vote was
cast in the affirmative by Mayor John
son. The new ordinance provides very
stringent restrictions. It stipulates
Sunday and 11 o'clock closing, and for
bids slot machines or gambling of any
kind. Any saloon established under it
must contain but one room and must
not advertise its business by any sign
or placard. The ordinance allows the
granting of a license within 10 days.
One application has already been filed,
and a building for saloon purposes is
being erected.
It appears that a saloon will certain
ly be established the first legal saloon
ever opened In Forest Grove. Whether
it will succeed in running or not re
mains to be seen. The faculty of Pa
cific University has declared emphat
ically that it will fight the saloon in the
courts and attempt to gain title to anyj
building where a saloon Is operated on
the forfeiture clause In the original
deed to allclty property.
Washington Senate Struggles
but Removes No Heads.
Public Printer Bill Appears in Both
Houses Christian's High Finance
Measure Passes Lower House
Foreign Bank Bill Approved.
OLYMPIA, Wash.. Feb. 15.-(SpecIal.)
The state wrangled over the question of
reducing the number of employes this af
ternoon and finally ended the" controversy
by making no change at all.
KInnear submitted the special commit
tee report. In which It was recommended
that the number of employes be reduced
from 55 to 38. a reduction of 17 in number
and 579 per day In pay. A plea was made
for the employes by Kennedy, who said
that many. If discharged now. would ap
pear to be Incompetent. KInnear said that
the duty of the committee was an un
pleasant one and that no employe had
been dropped on the ground of Incom
petency. VIness said that he had never yet hired
a man for a month and discharged him
at the end of 15 days. O'Donnell moved
the Indefinite postponement of the report
and the motion was adopted. 22 to 15.
Boone then moved that a committee of
three be appointed to designate 42 em
ployes, allowing one for each Senator.
After some discussion the motion was
lost, IS to IS.
A bill providing for the submission of a
constitutional amendment which will re
quire common carriers to Issue passes to
public officers was Introduced by Stanscll
in the Senate. '
The bill appropriating nearly 51.0)0.000
for the state institutions as heretofore
given was Introduced.
' The public printer bill with the joint
printing committee named as author, was
Introduced in House and Senate. C. R.
Payne, of Chinook, had already announced
his candidacy for the position as public
printer in the event the bill becomes a
law. and apparently has the Southwest
behind him. The hill provides for the
appointment of a public printer by the
Governor and fixes a schedule of prices
for state work.
The Governor's private secretary is re
quired to sign all requisitions for print
ing and to approve all bills, and is to
receive $600 extra compensation per year
for performing such duties.
This was Senate day In the House, and
the House gave Its approval to seven
bills that had passed the upper branch.
The most important of these was tho
Christian bill, which gives one corpora
tion the right to acquire stock In another
corporation. The bill has been referred to
as a "high finance" measure and was
met by some opposition on the second
Teaulng from members who feared it was
conferring too much liberty on corpora
tions In the matters of creating trusts
and mergers.
The friends of the bill allege, however,
that it merely gives corporations a di
rect, way of accomplishing an end that
tho present law permits them to accom
plish In a roundabout manner. When the
bill came up for final passage this after
noon there was no word of opposition
spoken and the vote was recorded ayes
61. noes 11, absent and not voting 14.
Fifteen house bills were also passed by
the House.
The Vilas foreign bank bill, which had
its teeth drawn on second reading, was
then referred back to the committee and
again made its appearance with the teeth
back In, was passed without discussion.
The bill permits foreign banks to do an
exchange business, but prohibits their
receiving deposits.
The deposit feature does not apply to
banks existing prior to January, 1905, or
to their successors or assigns when the
transfer is made prior to the taking ffect
of the law. The amount of capital stock
Is regulated to correspond to the require
ments of the National banking law and
affects both old and new foreign banks.
McCoy's bill creating a public highway
fund by the levying of a state tax of
one-half mill on the assessed valuation
was passed without opposition. The tax
would raise about 5150,000 annually and
and the fund could be expended for high
way construction and repairs.
A bill by Reld. embodying tho Gover
nor's recommendation relative to the en
forcement of the payment of the state
tax on liquor licenses, was passed. It
requires that unless the State Treasurer's
Indorsement that the state's ten percent
had been paid is- on a liquor license, the
license shall not be valid.
Dawes of King County presented In the
House today a bill prepared by the large
packing companies of Seattle, which re
quires the inspection of cattle, sheep and
hogs that are slaughtered for the con
sumption of the cities of the first, second
and third classes. The Inspection duties
are placed urion the state veterinarian and
deputies, who are to receive compensation
for the work in fees. Charles H. Frye,
of the Frye-Bruhn Company, is actively
lobbying for the bill.
The serious condition of Senator Vande
vanter, who Is 111 of typhoid fever, caused
the offering of a special prayer for his
recovery by Rev. A. G. Sawin, temporary
chaplain of the Senate.
The Stevens County judicial district bill,
which was passed by the House tills
morning with an amendment leaving
Ferry County in its present district, was
Immediately transmitted to the Senate
and the Senate concurred in the amend
ment. Senate bills passed prohibits the em
ployment of special counsel by County
Commissioners, and declared abandon
ment of persons dependent upon one to
by a misdemeanor.
The bill changing the official title of the
Agricultural College to Washington State
College was among the bills passed.
Mayor Wright's Offer for Removal of
the Capital.
OLYMPIA, Wash.. Feb. 15. (Special.)
The House judiciary committee, after
listening to brief statements from per
sons not connected with the Legislature
In regard to the capital-removal bill, to
night adopted a motion to report the bill
with a recommendation that It do pas3
and that it be made a special order In the
House next Friday at 10 A. M.
The vote on the recommendation was
six to four. Those opposed will submit
a minority report. As finally signed the
report will stand seven to six for pas
sage. The vote was taken In executive
In the open meeting preceding It Mayor
George P. Wright, of Tacoma. offered in
behalf of the City of Tacoma to present
to the state Wright Park, in the heart of
the city, for' use as a Capitol site. In the
event the bill passed and the people voted
to move the seat of government. He fur
ther offered to provide Immediate quar
ters for the Supreme Court and library,
cither on the third floor of the Pierce
County Courthouse or on one floor of the
City Hall, or In both If needed.
The Mayor also proposed that If the
capital were moved the citizens of Ta
coma should bear all the expense of mov
ing the state's property and should con
struct & temporary Capitol In Wright
Park, to "cost not less than 550.000.
A strong plea for Olympia was made by
A. J. Falknor. He said the Capitol build
ings In Olympia had cost the state 5750,000.
They were built by mortgaging the Capi
tol land grant. The Capitol land grant If
now sold would not bring 51,000,000. Ho
believed It doubtful If It ever brought
more than that amount, and he esti
mated that by the time the present Capi
tol became unavailable for further use
the claims against the grant, together
with interest, would reach fully 51.000,000.
Owing to the terms under which the land
grant was made to the state for Capitol
purposes, the state was acting only in
trust for the Capitol fund.
It could no more convert the present
buildings to other uses, said Mr. Falknor,
than It could appropriate for general pur
poses the permanent school fund. If the
capital were removed the present building
would have to remain in disuse, because
no Legislature would ever pay out of the
general fund the 5750.000 that would be re
quired to purchase the buildings In order
to use them for some other Institution.
Representative Crandall spoke briefly in
answer to Mr. Falknor. He insisted that
the present building was a failure: that
the state must have a Capitol, and he be
lieved the state should embrace the op
portunity offered by Tacoma of a free
site and freedom from all expense in
removing the capital and establishing It
In comfortable and more convenient quar
ters. The action of the committee presages
the fate of tho bill in the House. Unless
tho opponents of capital removal can se
cure a number of votes now reckoned In
the other column, the bill will pass.
An effort was made to secure an expres
sion of the views of the committee on
Congressional districting tonight, on (he
advisability of dividing the state Into dis
tricts under any plan. The meeting was
a joint one, and was attended by only 13
of the 19 members. The vote resulted in
7 against any method of districting and
6 In favor. The vote was secured at the
solicitation of the members who favor
districting the state. They were natural
ly not satisfied with the result, and still
desired that the committee take up and
discuss the Frostad and Rands bills, pro
viding different plans of dividing the
The committee finally adjourned until
Monday evening, with the understanding
that an effort would be made to get all
the members of the two committees to
attend. The friends of Congressional dis
tricting admit that there Is little hope for
the passage of a bill at this session.
The bill creating the County of Benton
from a portion of Yakima and Klickitat
Counties was acted upon favorably to
night by the joint committee on counties
and county boundaries. The Hughes bill,
dividing Douglas County and creating the
County of Coulee from the eastern por
tion, was discussed, and several farmers
about his liver. There is where all
his trouble lies. A sluppish liver makes
a sluggish mind.
tvTipti ftc ftlnnH ic
Ayer's Pills act directly on the liver. They are
I all vegetable, sugar-coated. Dose, just one pill
at bedtime. Sold for 60 years. Always keep a
box of these pills in the house.
3C6t by the J. C. Aye? Co., Lowell, Hut
Alio nmulcturer of
HAIR VIGOR For tho hair.
SARSAPARILLA For the blood.
from Douglas County appeared for and j
against the bill. There was so great a
divergence of opinion among the people
of the county indicated from the remarks
of those present that the committee de
cided to postpone further consideration
until the people affected could agree upon
what they wanted.
Weak Defense of Adoiph Webec
AUBURN. Cal.. Fob. 15. The opening
statement for the defense in the case of
Adoiph Weber, accused of having mur
dered father, mother, sister and brother,
has proved one of the greatest sensations
of this sensational case. Grove L. John
son, the resourceful and experienced
counsel who is defending Weber, shows
practically that he has no case.
In his statement Johnson promised that
by the telephone operatives of Auburn
he would show that there was- life In the
Weber house even after the defendant Is
admitted by the prosecution to have left
it. He said he would show that the
Weber line was out of service, presumably
through the removal of the phone, by
Mrs. Weber, at the time she was shot In
the armpit. He could show that the re
volver found In the Weber barn had been
"planted" there by the prosecution. He
would Impeach the testimony of George
Jtuth, Henry Carr and the other most Im
portant witnesses.
So far he has failed to prove any point
he has outlined.
Jury Finds Him Guilty of Killing
Charles Daly, at Boise.
BOISE. Idaho, Feb. 15. The Jury to
night returned a verdict of murder In
the first degree against "Fred" Bond
for the murder of Charles Daly in this
city on October 6 last. The murder was
peculiarly atrocious. Bond was a board
er at the house of his victim and ap
pears to have-been the paramour of the
latter's young wife.
Daly -was shot and struck with a
The Kind You Have Always
in use for over SO years,
jfyfji J7- . sonal supervision since its infancy.
ZccAl4&i Allow no one to deceive you in this.
All Counterfeits, Imitations and" Just-as-good" are hut.
Experiments that trifle "with and endanger the .health otT
Infants and Children Experience against Experiment
Castoria is a harmless substitute for Castor Oil, Pare
goric, Drops and Soothing Syrups. It is Pleasant. It
contains neither Opium, Morphine nor other Narcotic
substance. Its age is its guarantee. It destroys "Worms
and allays Peverishness. It cures Diarrhoea and "Wind
Colic It relieves Teething Troubles, cures Constipation
and Flatulency. It assimilates the Pood, regulates the
Stomach and Bowels, giving healthy and natural sleep .
The Children's Panacea The Mother's Friend.
Bears the
Tie KM You Have Always Bought
In Use For Over 30 Years,
WJiMiiWiMtJL- Such as piles,
; a moon poison.
vm 1 is
noieucy tnoTougniy cvuv"-
YOUMG AUiY troubled with night emissions, dreams, exhausting drains,
bashlulness. aversion to society, which deprivu you or your manhood. UNFITJ
MllDL.l-AaBl ilK?. who from excesses and strains have lost the Is
BLOOD A.rli SKIN DISEASES, Syphilis, Gonorrhoea., painful, bloody urine.
Gleet. Stricture. Enlarged Prostate, Sexual Debility Varicocele, Hydrocele, Kid
Bey and Liver troubles cured without SIEIICUKY Olt OTHER POISONOUS
DKUGS, Catarrh and rheumatism CU11EO.
Dr. Walker's methods are regular and scientific Ho uses no patent nos
trums or ready-made preparations, but cures the disease by thorough medical
treatment. His New Pamphlet on Pri- ate Diseases sent free to all men who de--scrlbe
their trouble. PATIENTS cured at home. Terms reasonable. All letters
answered In plain envelops. Consultatloa fres and sacredly confidential.
on or address
DR. WALKER. 181 First Street, Corner Yamhill, Portland, Or
Always at
the foot of
the class
Do not blame
the boy for be
ing dull and
You are the stupid one!
because you never thought
00 .
A boy cannot study
full nf hilp !
AYER'S AGUE CURE For malaria and agat.
hatchet. Mrs. Daly at first represented
that she killed her husband, but it de
veloped that she was coaxed by Bond
to tell that story. She is held as an
accomplice and was the principal wit
ness against Bond.
Salmon Brought From Siletz.
ASTORIA. Or., Feb. 15. (Special.) Tha
steamer Harrison, which arrived in last
evening from Siletz. brought 23S1 cases of
salmon for Elmore & Co.
A rose by any other name
would smell as sweet, but
the cocoa preparations of
other makers can't compare
with Ghirardelli's Ground
Chocolate. The real reason
of Ghirardelli's superiority
is that it combines the rich
est nutriment with the rarest
More convenient and economical
than cake chocolate.
Bought, and which has been,
Has Dome the signature of
has heen made under his per-
Signature of
Twenty Years of Success
In tho treatment of chronic diseases, such as liver,
kidney and stomach disorders, constipation, diar
rhoea, dropsical swellings. Bright's disease, etc.
Kidney and Urinary
Complaints, painful, difficult.' too frequent, milky oe
bloody urine, unnatural discbarges speedily cured.
fistula. Assure, ulceration, mucous ana
bloody dscharges. cured without taa icnlla. pala oe
Diseases of Men
sleeU atXiciun:. uiiuaturai losses.