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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 28, 1905)
THE MORNING OREGONIAN, TUESDAY, FEBRUAKY 2S, 1905. ED S IT Action on Capital Re-' moval Is Sustained. ANOTHER TACK IS TRIED Concurrent Resolution to Sub mit to Popular Vote, 'BAKER IS THE AUTHOR OF IT This Bill WlM 'Not Be Submitted to the Governor and May Result In Litigation, if Passed Supremo Court BUI. OLTMFIA, Wash.. Feb. 27. (Special.) THe Governor's message vetoing the capi tal removal bill was received by the Sen ate this morning- almost immediately upon convening, and the veto was sustained without comment by a vote of 19 to 19. The message from the Governor inter rupted the reading of tho expected con current resolution making practically the same provisions for the submission of the vote as did tho bilL The resolution is by Babor, author of the capital removal bill. The concurrent resolution introduced in the place of the bill will, of course, not be submitted to the Governor, but- If pass ed it will result in litigation over the question of the right of tho Legislature to submit the question in any other' way than by the enactment of a law. The res olution roads as follows: It Is resolved by the Senate of the Stat of "Washington, the House concurring. That the question of changing the permanent lo cation of the roat of go-ernment of the State of Washington from Olympla, Thurs ton County. Washington., to Tacoma, Pierce County, "Washington, be submitted to the qualified electors of the State of Washing ton at the state election to be held in nald state, on the first Tuesday after the first Monday In November, 1006, and such ques tion shall be placed on the official ballot In the manner required by law for the submission of amendments to legislation. The bill providing for the removal of the Supreme Court also appeared In the Sen ate this morning, and Rands moved that the rules be suspended and that the bill be given a prominent place on the calen dar. Ruth demanded and secured a roll call, and the motion was defeated. The sustaining of the veto was followed by the Introduction of a concurrent reso lution carrying out the Senate's provis ions of tho bill, it Is contended by some that the legislature can submit the ques tion in this way. TEXT OF THE GOVERNOR'S VETO mead Tells Legislature Why He Disapproves. OIAMPIA, Wash., Feb. 27. (Special.) 5!he full text of Governor Mead's veto of the capital-removal bill, passed by tha legislature, is aa follows: , To the President and Members of the Sen ate of the Ninth Legislature of the State of Washington Gentlemon: 1 return herewith Senate bill No. 124, entitled "An act to pro vide for submitting the Question nf riian-. lng the permanent location of the seat of government from Olympla, Thurston Coun ty. Washington, to Tacoma. Pierce County. "ouih(,wii, ib me vote or tnc people, hav. lng disapproved the same. In my Judgment there Is no urgent demand or necessity for the passage of an act of this character, entailing, as It nfieemftriiv must. If the election It provides for result's In the removal of the capital, an added burden of debt and expense to the state at a tim vrhen the people are barely able to proiae, at tno presnnt rate of taxation, suf ficient funds for tho proper and necebsary expenditures In maintaining the state gov ernment and Its Institutions. I am profoundly impressed with the idea that when a question Is submitted to the peoplo, of such paramount Importance as the one involved in the bill herewith returned. xne electors should have tho benefit of ciear-cut, concise, burlnessllke proposition accompanying the question submitted, that they can vote intelligently thereon. Preliminary to the submission of any ques tion touching the change of location of the state capital, the Legislature ought, in -my Judgment, to adopt a measure accepting any proposition that may be made by any community of this state, contingent, of course, upon the approval of juch change of location oy the vote of the people. Notwithstanding the generous offer of tho tract of land known as Wright Park, made by the accredited authorities of the CItv of Tacoma. the fact is, nevertheless,, that this proposed grant cannot be used for any other purpose that a site for a canltol building. It mattors but little in the cost or oapltol construction and maintenance thereof whether the value of the 6ite be great or small; the land granted can only do usea lor that purpose. Prospect Is Uninviting. If this question is submitted to the neb pie, notwithstanding the executive veto, and the people resolve the question in the at Urinative, then we at once onter unon i period of capltol construction with all Its atiendant evils. The prospect presented by puch a condition is not Inviting. Where, may I ask. aro the funds for the construc tion of such an edifice? Notwithstanding our marvelous prosperity, all will agree that it will be impossible for this Legislature, or its successor, to provide adequately for the wants and needs of the various educa tional, charitable and ponal institutions of the state, owing to the rapid growth of our population and the demands upon these various institutions. Burdens of state cannot be augmented without working a serious in Jtiry to the different counties, municipali ties and school districts in their efforts to provide for their actual needs. Tho question involved in the subject mat ter of the bill herewith returned is of high' er Importance and greater magnitude than that of aa ordinary- act of the Legislature. As the constitution requires a two-thirds vote Of the people when changing the loca tton of the seat of government, I am not doing violence to our fundamental law when I say that It is Impossible to read be tween the lines of that document the re quircment that the legislature shall not submit the question to the people, for their ratification or rejection, unless the proposl Hon to so submit shall have received at least a two-thfrds vote of the members of each branch of the Legislature. In this connection I am inclined to be in harmony with the suggestion made by an eminent member of the Pierce Couty bar, in a dis cusslon before the executive, when ho stated that the subject-matter of the attached bill was in legal effect a proposed amendment to the state constitution. If so, then comply with the letter and spirit of our or xc.nl c law, this measure should receive before its submission to the people the necessary two-thirds vote of each branch of the Legislature. Postponement for the Best. I believe that the best Interests of the state would be subsorved by postponing the consideration of this question until such time as the Legislature can submit there -With a statute; that will set forth a line of policy that will commend Itself to th jufpnent of the people and give them an iR'eiligrnt cpmpreonsion ot me prooantc expense involved In ordering such, a change, GOVERNOR MEAD'S LITTLE CLU STOPS A the benefits they are to receive and the sources from which funds' are to be pro vided for the construction of rhe building. One objection that I urge requires no fur ther argument than a simple recital of capltol building and capital location in this territory and state. Under the. organic act creating the territory. Governor Isaac I. Stevens designated Olympla as tho capital and ordered the first Legislature to convene here on January SO, 1S34. The .Territorial Legislature subsequently confirmed the act of the first executive by locating the cap ltol -upon a tract now Included in the city limits of this city. A capital-removal at tempt followed In 1860 and 1881. but was Ineffectual, and at an election held July S. 1861, Olympla was chosen over 12 competi tors. The state constitution, adopted In 1SS9. submitted the question of a permanent lo cation of the scat of government to the electors. At an election held to ratify the constitution, a provision thereof required that a majority of all the votes cast should be necessary to determine the location. The result was In favor of Olympla, as against North Taklma. Etlencbjirg and other cities and towns. The first State Legislature again submit ted the question to the people, and Olympla received 37.3S2 votes. Ellensbcrg 7757 votes, and North Taklma G25S votes. In this elec tion, under the act of the first State Legis lature, the successful capital city had to recolvo a two-thirds vote of all the votes cast. Even according to this rule Olympla had 3121 votes more than were necessary. In four different ess!ons of the Legislature since then, laws have been enacted and ap propriations made looking to the erection and maintenance of the Capltol In this city: tho net result of these efforts being the building now occupied. Great Warrant Indebtedness. We haye incurred a warrant indebtedness in the construction, and attempted con struction, of capltol buildings in the sum of $070,153.79. Of this amount. 324.300.88 has been redeemed. There remains a net In debtedness in the sum of $651,762.91. on which there is an annual interest charge of J2C.074.-IS, to bo paid from tho common treasury under the stipulation, however, thai the aggregate Interest charge shall ul timately be replaced from the proceeds of the sale of public lands donated by the United States Government for tate capltol purposes. Before further capltol building is prosecuted the people ought to Know what proportion of the cost can be derived from land sales and what amount, approximately, is to be raised by general taxation. It would seem from this summary review that this question has been amply submitted to tho people already, and It Is also appar ent that It has been so thoroughly settled and adjudicated by the people and different legislative bodies that a rehearing is now absolutely unjustifiable. In the face of the record set forth. Is It not a pertinent In qulry to ask why this Legislature attempted to bring about a reversal of tho policy and acts of Its predecessors? What is the reason for this sudden and precipitate change of front? The various measures that have hereto fore been enacted by the predecessors of this Legislature received the ratification and ap proval of the people. Why have not the ad vocates of the capital removal project come out In the open and favored us with some good and substantial reason for this sud den reversal of attitude and policy? Why are the people not given a good and suf ficient reason for the necessity of again In curring an enormous expenditure in the con struction of the capltol building? What is the reason for the sudden Impulse that has apparently taken possession of the legis lative mind to lay plans for another capl tol building coincident, practically, with the completion and acceptance of, the build ing we now occupy? People Entitled to Know. The people are entitled to know why those who have heretofore favored the "City of Olympla as the capital have euddenly changed their minds. Is it not true that the present building now occupied by the state officials and the chambers used by the differ ent branches of the Legislature afford com fortable and convenient quarters for the transaction of public business? Ordinarily no one ought to question the wiedom of submlttlns any question to the people.' who constitute the court of last resort on all questions of public pollc. A legislator or executive who favors the submission of a question of rueh importance aa the 'one . involved in this bill, ought to be -willing to stand up and say that he is In favor of capital removal. The two propositions of removal ana submission are inseparable and cannot by subtle distinctions be divorced. I am not convinced that the passage of the bill herewith returned was the" result of cairn meditation and dellveratlon of each and all the members who voted for It. From the Inception of the consideration of this measure, evidence has been constantly ac cumulating that this bill was forced through the legislature by a practice bordering close to th line of intimidation and coercion. Members, have freely stated that they dared not oppose this measure and expect to re ceive favorable consideration of meritorious bills in which -their constituents wero vitally Interested. The highest and best Interests of good government can be best subserved by inter posing the executive veto to . a measure where there exists in the mtndof the exec-. uttve a doubt as to whether or not the bill receH'lng an affirmative vote was tho re sult of voluntary deliberation on tho part of the lawmaker, oven though It be a question to be referred to the electors for their decision. The people are at all times entitled to exprrs their candid, voluntary and honst judgment upon public questions and in the selection of public rorvapts. I ask that the .Legislature be accorded at all times the same privilege and preroga tive. I cannot, therefore, for the reasons herein assigned, approve the bill. Respectfully sub mitted. ALBERT E. MEAD, Governor. WOMAN ACCUSED OF ROBBERY Package of Merchandise Said to Have Been Taken From Mall Sack. HELENA. Mont., Feb. 27. Deputy United States Marshal Guthrie today arrested Mrs. Nellie Lcary, wife of the DEATH OF CLACKAMAS COUNTY PIONEER AND ' INDIAN WAR VETERAN William Elliott, who died" at the The Late William Elliott. children: Mrs. J. T. Apperson, of Park Place: John W. Elliott, of Clackamas County; Mrs. J. A. White and Mrs. L B. Sanborn, of Portland, and three grandchildren and two great-grandchildren. Montana Central Railway agent at Sil ver, a small station 1G miles north of Helena, on the charge of talcing a package from the United States mail. It is alleged the womnn opened a mall sack loft In the depot in transit to Marysvllle. abstracting some mer chandise. Tho posto'fflce Inspectors say they aave a clear casc,- HOUSE-MOVING TO TACOMA j NEAR TO PASSAGE Railroad Commission Men Feeling Very Confident, . SHOW MAJORITY IN SENATE Committee on Rules Puts Measure in Resting Place Until the Op posing Forces Can Gain Fresh Breath. OLYMPIA. Wash.. Feb. 27. (Special.) The tentative agreement arranged yesterday in a caucus o a few Sena tors on tho Railway Commission bill was perfected in another caucus held durlnsr tho noon recess today, with the result that the House substitute Rail way Commission bill was advanced to third reading: and only allowed to rest tnero Because of the lhabilltv of thu Commission men to muster two-thirds home of his daughter, iln?. J. T. Ap peraoa. at Park Place, yesterday, was one of the oldest and best-known pio neers of Clackamas County. He was one of the first members of the Oregon Etate Agricultural Society, and was an officer of that body and a conspicuous worker in and attendant upon State Fairs for a third of a century. He was also a member of the Oregon Pioneer Association, and until the Infirmities of age prevented, attended regularly the annual meetings of that body. . He was bora in Knox County, Indiana. Septem ber 14. 1S15. In 1633 he was volun teer in the Florida War. He was mar ried In 1838 to MIm Nancy Sconce, who died in January. 1SSS. He crossed the plains In 184G and settled In Clack amas County, the part now known as Elliott Prairie, belrfg named in his honor. In 1B72, he sold his farm and moved to Canemah, where he lived until tho death of ht wife. Since then he has lived with "his eldest daughter, Mrs. J. T. Apgerson, of Park Place, where he tested quietly from his labors until his death. He will be remembered as one of -those sturdy, honest men who made Oregon. He left the following of the members of the Senate to bus pend the rules. Soon following this action, the samo combination ruthlessly killed the Ken nedy compromise bill in spite of a will Ingness indicated by Kennedy to delay his own bill and allow the Houso roeas ure to take precedence until Its fata could be Anally determined. The clear lng- of the way for th House bill by tho defeat of the Kennedy measure and the success of the effort to koep the House bill out of the railroad commit tee's hands has placed Railway Com mission legislation In this state nearer of realization than it ever was before. Today's proceedings npset the calcu lations of the opponents of such legis lation. They hoped for a deadlock through tho passage of the Kennedy bill, which would give the Senators who felt compelled to vote for a Rail way Commission bill a chance to easo their consciences and blame defeat upoa tho other fellows. Commission Men In High Feather. But the Kennedy bill Is now out of tho way, and If the opponents of such drastic measures cannot muster enough strength to modify it with amendments, the Senate will have to ewrIIow tho dose, and It is alleged that If it comes to the point the rail road forces will climb on the band wagon. The Railroad Commission men aro exceedingly "cocky" tonight and assert that they will agree to but one amend ment, the reduction of the salaries of Commissioners to $4000. Earlier in the evening they were asserting that their bill would pass the Senate by Wednesday, but it seems they are reck oning without taking Into considera tion the committee on rules. This committee is given charge of the arranging of the Senate calendar eaoh day. It Is composed of President Coon and Senators Davis, Ciapp, J. J. Smith and Baker, every one of whom oted for the Kennedy bill, and Is be lieved to bo opposed to the House bill. It may be only a coincidence, but the committee tonight, for the first time In the session, took actual control of the calendar. As a result, the railroad bill will not appear on the general file tomorrow. Peoplo who have seen the calendar copy assert that It Is not men tioned anywhere thereon. The nearest mention of it is the notation under the hoading of "Bills received from the House" of "If. B. 8 by Crane." BUI Not on the List. There is no such bill. House bill 6 was a Railway Commission bill, hut was Introduced by TVeoer and has been indefinitely postponed. The House bill's correct tlte is "Houso Substitute Bill No 6." with the railroad commit tee as author. There are 32 bills on the general file for tomorrow, but the House Commission bill, supposed to be tfn the calendar for final passage. has not evon been given tho honor of a place at the foot. That tho rules committee, if it desires. can keep tho bill from passage- through out tlie remainder of the session Is a po3- Ibluty, provided they have over a third of the Senators with. them. The only way ihelr will can bo overruled is by a two thirds vote, and at this time tho commis sion men havo not that many votes. When the commission men sec the cal ndar tomorrow there 13 likely to be a roar, and the allegation may be made that the authority given the committee is not that of a sittings committee; that it has no authority to do more than arrange trie calendar and that the commission bill is entitled to a place thereon. Chance to Get Breath. It Is not believed to be the desire of the committee on rules to smother the bill, however, but to simply hold It back and give the railroads a breathing spell and allow them to recuperate their strength. Whether this arbitrary action will arouse sufficient resentment to give the commis sion forces a two-thirds majority is a matter of doubtful speculation. The House bill appeared In the Senate before the noon hour and the later action was presaged by the vote by which tho Senate refused to adopt Davis motion to send the bill to the railroads committee. The vote against the motion, while not Indicating a conclusive augment on the olll. was 27 against and nina for the Davis rrtotlon. The bill was reached again In the mid dle Of the afternoon, and after it had been read section by section. Graves of Spo kane, moved that the Senate go Into a committee of the whole to consider the bill. The motion was carried and J. J. Smith was called to the chair. Graves Immediately moved that the committee report back the bill with the recommendation that It do pas3. There were no opposing votes, the opponents of the bill remaining silent, knowing that the friends had a. majority. This com pleted the action by the Senate on the House bill, the test of strength showing that the friends of the measure did not have the necessary two-thirds In order to advance the bill to final passage. ' Kennedy Bill Laid Out. At 3 o'clock the Kennedy bill came up as a special order. Kennedy moved to defer action making tho bill a special order for Friday at 10:30. but the motion irn rtofeated. Again there was an omm ous silence and tho clerk procoeaea wun the calling of tho roli on the final passage. resulting: Aves-Baker. Christian. Clapp. Davis, nam- mmf Hmnrn uuisoii. - rulmrr. J. J. Smith. 5. i. famun. suiaxn. Sumner. Welsh 15. ve-Boone. Bratt. Bror.?on, Brown, tonnon, Earlcs. Craves. Henry. I?cron. Moore, O'Don- nrtl. Pauly. PogCe. Potts. Rands, uasncr. Reed, r.uwtl. Ruth. Stewart, Tucker. Veaess, Watson. Wilson 34. Absent Hunter. Gunn and van ae anier. Tt Is altered bv the commission men that this 16 practically tnc vote oy wnicn um House bill will finally pass tnc senate An analysis of the rollcall shows an alignment of the Democrats, iumoermen and Eastern Washington men, wun a ie-sv members from Western Washington not belomrinsr to cither of the tnrce classes named. Tho lumbermen, held up on their factory Inspection law by the House com bination, are today with the commission forces in a body. Intricate Trades Made. In tho list of those opposing the bill are alleged to be men who had been counted' in the list of those In favor of a com promise measure. There have been a number of Intricate trades on legislation which have landed some of the Western Washington Senators and some tf them are said to have become converted to the idea that the party they represent Is pledged to pa3S a commission bill, and that the House bill Is tho most satisfac tory. To the list of those who voted against, the Kennedy bill the friends of the House measure allege they can add Hutson and Kennedy, who felt compelled to vote with the other side on the compromise meas ure, and that they will stand with the commission combination to prevent the bill being amended to death. They also claim Hunter, who did not vote, and Gunn. the new member, who Is expected tomorrow. It Is possible they may lose. Rands and several others, when It comes to amend ments, who are free from pledges and can vote their own ideas on the railway Question. Shaky In Some Places. That the combination -Is somewhat shaky In places, however, was shown to day, when Moore, who was appointed as one of tho floor leaders by the caucus held at noon, showed a disposition to re sent the failure of some of tho Eastern Washington members .o stand by him In opposition to the Earles socKeyo sal mon bill. This bill passed, but Moore, who is violently opposed to it, gave notice of a motion to reconsider. If the East ern Washington men are not "good" on the reconsideration, they may lose Moore and Hunter. The plan in the House is said to be to hold back tho Davl3 factory Inspection law until the lumbermen in the Sen ate make good on the railway com mission bill. Tho delay accomplished by l tho committee on rules may break up this plan. .Hold-ups and counter-hold-ups on legislation are to be expected from now till the final vote on the House bill Is reached in the Senate. A Joint meeting of the committee on state lands was secured tonight for the purpose of acting on Roth's bills with drawing all state lands from sale, or lease for two years and appointing a commis sion, to report on land laws. A majorlty wlll favor passage of the bills, a minority their indefinite postponement. An-attempt will be made In tho .Senate tomorrow to compel the committee on revenue and taxation to report out the two tax commission bills, so they can go on tho calendar. A resolution will be In troduced calling upon the committee to produce. " The committee has had one meeting and has had the Graves tax commission bill since early In the session. It received the Reid House bill over two weeks ago. BIG BLOCKS FOR SEATTLE. Northern pacific Will Spend $2,000,- 000 for Wholesalers Quarters. SEATTLE. Feb. 27. The Northern Pa cific Railway Company announces that it will immediately begin the construction of eight six-story buildings, each occupy ing half a block, all to bo erected upon the railroad's property holdings In the heart of the wholesale district of this city. The Improvements will cost !.OX.000. Tlie company is jUft completing a large wholesale block from the same plans as will be used In the proposed buildings. and the quickness with which all the space wa3 leased, has resulted In the new plans. Each building will cost about $250,000. Work on two will begin within two weeks. and the others will be erected during tlie coming Summer. All will be adapted for the wholesale and Jobbing business and will replace two-story wood9n buildings. Six of the new blocks will occupy land at tee foot of Madison. Columbia and Spring streets, adjacent to Railroad av enue, which will give excellent track facilities. SHIPS ALL LEAVE ESQUIMALT Commodore Goodrich Will Haul Down His Flag Today. VICTORIA. B. C. Feb. 27. Esnuimalt naval station will be formally abandoned tomorrow, when Commodore Goodrich hauls down his flag. The Bonaventure. thO only remaining cruiser, was today turned over to Captain Torlesse. and will leave for the China station. Tiie sloop Shearwater will remain in or der to do patrol work In Behring Sea. The survey steamer Egcria will remain to do another season's hydrc-graphic work in the -Auiui X-.IL-1UC, me cost 01 wnicn win oe borno by the Canadian government. All naval departments of the station will close- tomorrow, the station being aban doned. Commodore Goodrich and wifn will return to England via the United States. Salsm Sports With Cold Feet. SALEM, Or.. Feb. 27. (Special.) The sporting element was not In evidence at the meeting of the Commercial Club this evening and no Interest was shown in the plan of holding a race meet at the' State Fair grounds in September. This subject was to have been discussed at the meeting tonight. The only Vitalized Emulsion of Cod ; Liver Oil with the hypephosphites of lime and soda. 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