THE MORSING OREG02sTIAf, . FRIDAY, 'APRIL' - 7, 1905.
HE FOB ELKS
Mt STOP CANAL
GovemmentWill Sue the Klam
ath Company.
Cornerstone of Building
- Is Laid.
ATTORNEY GETS INSTRUCTION
CEREMONY IS IMPRESSIVE
If the Canal Is Built by the Corpor
ation It Is Said It Would
Lower the Level of
the Lake.
Exalted Ruler Robinson Uses
"Trowel.
10
H. E. MOODY THE ORATOR
New Temple and Clubhouse Will Be
One of the Finest of" Its
Kind In Ail the North
west' Country.
j.n the presence of nearly 1000 people,
W. TV. Robinson, exalted ruler of the
Elks, laid the comer stone of the new
building being: erected by the order at
Seventh and Stark streets, at 3 o'clock
yesterday afternoon. The service was
conducted according: to the ritual of
the order, and was very Impressive.
The oration of the day -was delivered
by R. E. Moody.
The parade, headed by a platoon of
police commanded by Captain Moore,
and De Caprio's band, left the Marquam
building promptly at 2:30 o'clock, and
passed through the streets in the cen
tral part of the city, to the site of the
new building-. Following the band
came the local Elks on foot. They were
followed, by carriages decorated in
Elks' colors. The order follows:
First carriage Exalted Ruler TV. TV.
Robinson, District Deputy Exalted
Ruler G. C Blakeley, of The Dalles;
Exalted Ruler-elect C E. McDonell,
Orator R. E. Moody.
Second carriage Governor Chamber
lain, Mayor "Williams, W. D. "Wheelwright,
and Chaplain P. A. MacPherson.
Third carriage Loyal Knight Dr.
Harry F. McKay, Lecturing Knight
Jay Upton, Secretary J. B. Coffey and
Treasurer E. TV. Rowe.
Fourth carriage Trustees TV. H.
Upson, C. H. Jackson and Tyler T. E.
Dowling.
The fifth of carriage -was occupied by
members of the building committee,
TV. J. "Van Schuyver, D. Sojis Cohen, R.
D. Inman, T. B. McDevltt and J. P. Fin
ley, and the sixth and seventh car
riages contained exalted rulers of visit
ing lodges. Two auto dispatch cars
carried past exalted rulers of the local
lodge.
The line of parade was crowded with
spectators. TVhen the new building
was reached there was more than 1000
people on the grounds. The guests
took places on the decorated stage, and
with the ritualistic ceremony of the or
der Exalted Ruler Robinson laid the
corner stone. In the box was placed
copies of the three Portland papers, old
coins, programme of the Exposition,
and badges and souvenirs commemorat
ing events In the history of the order.
The crowd remained uncovered while
.the stone was slowly Bwnng Into posi
tion and Exalted Ruler Robinson han
dled the trowel.
"As this cement binds together these
two Important stones of this building,"
said Mr. Robinson, "so may the cement
of brotherly love bind us who are In
this brotherhood, so may the cement of
earthly charity and kindness serve to
bind us In that kingdom which is to
come."
In delivering the oration of the day
Mr. Moody commented on the project
and practically dedicated the new
building. He traced the growth of the
order from its Inception and spoke of
the strength of the local lodge. His
remarks were listened to with marked
attention- Mayor Williams and TV. D,
TVhcelrlght also spoke briefly, and
Governor Chamberlain dwelt on the
progressive spirit of the Elks.
The work on the new building will
now be rushed, and every effort will
be made to make it as suitable as pos
sible to the needs of the order. The
Elks are enthusiastic over the fact
that they will soon have a permanent
home. The local lodge numbers the
representative men of Portland among
its membership. It Is the Intention of
this body of men to have the new
building completed as soon as possible,
in order that it may be used before the
end of the Lewis and Clark Exposition.
The structure will cost more than $75,
000 when completed and furnished and
will be one of the finest lodge temples
and clubhouses In the Northwest.
WILL CEXJSADE IN N0ETH END
Civic Improvement League Will Clean
Up the Streets.
Not content with letting the Evan
gelists do all the work in the cleaning
out of the North End, the Civic Im
provement Board has taken that part of
the city in charge and conditions are
expected to present an entirely dif
ferent aspect in a few days. The Evan
gelists Invaded the North End to clean
the souls, but the Civic Improvement
Board intends to clean the streets,
which were overlooked by the Evan
gelists. While there were 5000 Christians par
ading In the streets of the North End
at the 'time of the memorable crusade,
the army sent out by the Civic Im
provement Board consists of only one
soldier, and he is a man. He Is the
special officer appointed by Mayor Wil
liams to act under the direction of the
board. The special officer Is .taking In
the whole North End.
Every street and every vacant lot in
which there could possibly be an ac
cumulation of rubbish or debris will
be investigated. Another thing that
will be given especial attention by
the Civic Improvement League will be
the signs that protrude over the side
walks. The ordinances provide that
signs that protrude over the sidewalks
must at least be ten feet above the
ground.
This is not the case in the North
End. Signs containing advertisements
for manicurists and chiropodists can
be seen hanging from the buildings. In
direct violation of the ordinances of
Portland.
Registration Is Increasing.
Registration now amounts to about 6000,
and electors are registering at the rate
of more than 400 a day. The Democrats
have been coming in more freely, during
the last four days.
Persons frequent the County Clerk's
office circulating petitions of candidates
for office, and others are 'circulating a
petition to have the new telephone fran
chise matter submitted to a vote to the
people in June. Most of the men who call
to register sign one or all olf these peti
tions, seeming to think It is all part of
th nrogramme.
MANY SEEK PLAGE
Scores Aspire for the Various
Offices,
H0GUE IS NOT A CANDIDATE
;NearIy a Dozen Want to Be Munici
pal Judge, and the Number Who
Seek to Be City At
torney Grows.
REGISTRATION CLOSK5 APRIL 1U
One week from tonight, April 14,
registration of voters at the Court
house will cad and two weeks from
yesterday will be the last day allowed
by law for filing petitions of candidacy
for party nomination.
April 14 Is the last day for registra
tion; April 20 for petitions. The. pri
maries -will be held May S.
Nearl a dozen gallants arc seeking tho
Republican nomination for Municipal
Judge, and not one of them is suffering
the grass to grow under his feet. The
Democratic nomination is not accounted
so rich a prize, but several party patriots
crave it Just the same.
The last Republican to apprise the City
Auditor of his candidacy is Albert B. Fen
rera, who filed notice of his petition yes
terday. Qthers who have done the same
are T. B. McDevltt, Sr.; Gustav Ander
son and Thad W. Vreeland. Otto J.
Kraemer is making ready to file a peti
tion and at the Now Dal meeting last
night announced his candidacy. Other as
pirants are George Cameron, Claude Stra
han, A. "Walter Wolfe, Paul Deady and
Frank D. Hennessy.
Kraemer and McDevltt have each served
as Justice of the Peace, and Hennessy
and Cameron as Municipal Judge.
Harry Hogue, incumbent, has made
known that ' he did not seek re-election
and has thrown his influence into the
scale of Otto Kraemer. J. J. Fitzgerald,
for whom a boom had been started, has
declined to enter the quest, the reason
being understood to be that other can
didates, for tho job brought pressure to
bear on him through L. A. McNary. who
Is City Attorney, and seeks the Republi
can nomination for re-eloctlon. Fitzger
ald is assistant to McNary and sooner
than make trouble for McNary, Fitz
gerald withdrew for Municipal Judge.
Fred Olson, now Clerk of the Municipal
Court, has also withdrawn from the race
for the Judgeship, In compliance with the
wish of Hogue, who desires the election of
Kraemer.
Ferrera, In his petition filed yesterday,
declares his platform to be "Fairness, im
partiality and Justice."
"If I am nominated and elected," says
he, "I will during my term of office per
form the duties Incumbent upon me with'
fairness and Impartiality. Religion, pol
itical affiliation and place of birth shall In
no manner influence my Judgment; the
Constitutional right to a fair trial shall
never be denied one accused of crime, be
he rich or poor, and I shall endeavor to
apply good sound sense, together with
such law as may be applicable, in reach
ing a decision as to the guilt or innocence
jot an accused person and In passing sen
tence. To authorities, witnesses and
other persons in attendance upon the
court, decent and respectful treatment
shall at all times be accorded."
Ferrera was born in Portland and
received his early education in the
public schools of this city. He spent
four years In Europe, three of them as
a student in the Royal International
Institute of Turin. He speaks several
tongues as fluently as his English, and
this has contributed to make him a
favorite with many persons of Euro
pean birth. Ferrera since entering
politics has always been an active Re
publican and has a large following. His
candidacy has been Indorsed by the Co
lumbus Benevolent Society," the Italia
Grove of Druids and the Italian Court
of Foresters ot America. He Is the
son of A- Ferrera, for many years In
the grocery business In Portland.
Democrats mentioned for the job are
W. T. Vaughn, now at outs with Judge
Hogue; Oglesby Young. Charles re
train. B. E. Hancy and J. B. Ryan.
Two Republican aspirants for City
Attorney, salary $2400 a year, have no
tified the City Auditor of their candi
dacy E. T. Taggart and L A. McNary
the last-named boing the incumbent
Others mentioned as possible candi
dates are J. M. Long, ex-City Attorney;
R. R. Duniway, ex-Assistant City "At
torney, and R. E. Moody.
Tairrart came out of the woods more
SCENE AT NORTHEAST CORKER OF
than two weeks ago and McNary yes
terday. Democrats spoken of for the place
are R. W. Montague, T. G. Greene and
J. V. Beach.
SPENCER COOPER, CANDIDATE
Announces That He Wants Repub
lican Nomination for Mayor.
Another candidate for the Republican
nomination for Mayor hove In sight yes
terday at tho City Hall Spencer H. Coop
er, grocery merchant of "Washington street
and notified the Auditor of his ambition.
He is the sixth Republican to come forth
for the Job, the others being George H.
Williams. H. S. Rowe, H. R. Albee, W.
B. Glafke and Willis A. Fisher.
But two Democrats thus far have pro
claimed themselves candidates for tho
nomination of their party George H.
Thomas and Dr. Harry Lane.
Cooper strikes a chord of the political
harp not touched by the other candidates
by advocating repeal of the occupation
tax ordinance. "This city should be run
on a thoroughly business basis," says he,
"and the occupation-tax ordinances should
be at once repealed, as prejudicial to the
growth and welfare of this clty. I am
In favor of equal rights In conformity
with law. and special privileges to none."
Thirty-six Republicans have notified the
City Auditor of their candidacies for office,
and five Democrats. With the aspirants
for Mayor and City Attorney and Munici
pal Judge omitted, they are:
Auditor Republican, Thomas C. Devlin.
Treasurer Republican, J. E. Werleln,
Joseph W. Beveridge.
Coundlman-at-Large Republican. H. A.
Heppner, W. H. Barry. A. N. Wills and
Frank Hacheney.
Councilman, Fourth Ward Republican,
George S. Shepherd.
Councilman, Fifth Ward Republican, L
Friedman, A. J. Fanno, W. S. Hufford;
Democrat. Edward H. Cahalln.
Councilman, Sixth Ward Republican, B.
F. Jonco; Democrat, H. W. Parker.
Councilman. Seventh Ward Republican,
S. F. White, Louis F. Daye, W. H. Gor
don, W. F. Merriman.
Councilman. Eighth Ward Republican,
Frank S, Bennett.
Councilman, Ninth Ward Republican,
Albert H. Mlllett, Robert E. Menefee.
Councilman,, Tenth Ward Democrat,
Peter L. G. WlGer.
Precinct Committeemen Republican,
voters have seven dats in
which: to register.
Only aeven days more for register
ing. Voters not registered by that
time will be shut out of the primaries
and will not be permitted to partici
pate in nomination of candidates. The
County Clerk's office is open until 0
T. M. Electors, Republicans and
Democrats, who desire a voice in the
making of their party tickets must
register.
Precinct 9, C. S. Kaop; Precinct 23, Dud
ley Evans; Precinct 47, Richard Delch,
Democrat.
Political Notes,
Lawrence M. ("Larry") Sullivan is a
Republican candidate for Councilman in
the Second Ward.
Legality of several petitions filed has
been called Into question by City Audi
tor Devlin, because the signatures there
on are not grouped by precincts as re
quired by law.
James N. TDavis, attorney, yesterday
announced himself a Republican candidate
for Coundlman-at-Large. Mr. Davis re
sides at Hawthorne avenue and East
Twenty-eighth street.
Portland Travelers' Society.
The popular meeting of the Portland
Travelers' Aid Association will not take
place tomorrow night as at first arranged,
on account of so manay members attend
ing the revival services, but will begin
Saturday evening, April 15, when It Is
hoped the anxiously waited for report of
preventive work at the St. Louis Expo
sition will have arrived. The executive
committee of the association meets this
morning at 10:30 o'clock at the rooms of
the Toung Women's- Christian Associa
tion? 312 Oak street.
Goes to Stockton After Forger.
Detective Hartman left Portland for
Stockton. "Cal.. last night for the pur
pose of bringing AV. F. Hallawell back
here for trial on a charge of passing
forged checks. Hallawell was arrested
yesterday by the Chief of Police of
Stockton. It Is alleged that the pris
oner passed four worthless checks here
last week. He Is said to admit passing
them, but claims they were given to
him, and that he thought they were
good.'
A Follower of Grip.
Many persons find themselves affected
with a persistent cough after an attack of
the grip. As this cough can be promptly
cured by the use of Chamberlain s Cough
Remedy, it should not be allowed to -run
on until it becomes troublesome. For sale
bir all drucdsts.
SEVENTH AND STARK STREETS, WHERE
TELLS OF A POOL
Contractor Bridges Accuses
Wakefield. .
HE DENIES ANY COMPLICITY
Says Money Was Paid by Others to
Indued Several-Persons Inter
ested to Make Their
pids Too High.
Not only does Contractor J. B.
Bridges deny the allegations contained
in the answer of Robert Wakofleld . re
garding the alleged pool of contractors
on the bids for construction of tho dryr
dock, but he further charges the exist
ence of a pool on the dryJock's berth
contract, with which' he says he was in
no way connected.
"A pool existed on the' Portland dry
dock's berth and was successfully man
ipulated by Wakefield," he said. "The
first bids submitted were above the es
timates of the engineer and were
thrown out. When bids were rcadver
tised for Wakefield was again the low
est of four bidders, the others being
Joseph Paquet, Ben Smith and J. E.
Bennett. Paquet and Smith were each
promised $500 to bid over Wakefield,
and Bennett was promised 5250. This
was told roc last Sunday by Robert
Smith, in the presence of my attorney,
Mr. Mendenball. Mr., Smith said that he
was offered 5500 also, but since he did
not submit a bid he failed to get the
money."
Robert Smith yesterday admitted the
existence of a pool on the drydock's
berth contract. He stated that t.ne 5500
wac offered him by Mr. Berry, Wake
field's cleric J. E. Bennett stated yes
terday that he could not remember
whether he had put In a bid for the
drydock's berth contract, but admit
ted the existence of a pool of contrac
tors. Paquet and Ben Smith had noth
ing to say yesterday regarding the
existence of a pool on the drydock's
berth contract. There is no law in Ore
gon against bidders forming a combi
nation. Bridges late yesterday afternoon filed
a reply In the State Circuit Court deny
ing each and every one of Wakefield's
charges concerning collusion in bids
in connection with the drydock con
tract, and also denying all other
charges made by Wakefield.
NO ACTION BY THE COMMISSION
Port of Portland Board Will Await
Further Developments.
The Port of Portland Commissioners
have taken no action in the drydock
matter, In view of the disclosures brought
out In the Wakefield and Bridges con
troversy, . and may take none. It is
likely, however, that the subject will be
discussed at the regular monthly meet
ing to be held next Thursday, and if It
Is thought advisable, the opinion of the
board's attorneys will be asked for.
The letting of the drydock contract
was done by the former commission. It
Is the opinion of the present members
that they have a first-class dock, and the
majority of them believe that It Is well
worth what was paid for it. They gen
erally agree- with the statement of Wake
field that the builders' profits were
small. At the same time, the commis
sion's rights In the matter will doubtless
be protected.
The original bids made on the drydock
were rejected by the Port of Portland as
being too high. When the second lot of
bids were called for, imitations to make
proposals were also sent to Seattle and
San Francisco builders, and this un
questionably had much, to do with reduc
ing the amount of the later tenders. It
was suspected then that there might be
a combine among the local contractors.
One Seattle firm made a bid, but much
above that of Wakefield & Bridges, and
the Portland firm was given the work at
what the commissioners then believed
was a fair figure.
If the members of the Port of Portland
rind that they were "Jobbed" by the
contractors, they will hardly stand by
Idly, If means of redress are at hand,
but no steps have been taken yet to In
vestigate the question. The commission
ers are also reluctant to discuss the mat
ter in Its present stage. Had they held
out the 510.000 balasce due the builders,
as was at first proposed, until the final
test was made, they would be In "a bet
ter position to collect any possible claim
far overcharce. but. at the urgent roo.
CORNER-STONE OF ELKS' BUILDING WAS
resentations. of Mr. Wakefield, all this
was paid except 52500, and a part of this
has since gone for recauiklng the dock.
BATTLE BETWEEN OFFICERS
Police and Sheriff's Deputies Are
Wounded In Election Fusillade.
HUNTINGTON, W. Va., April G. Po
liceman Roy Hill was ratally injured;
Deputy Sheriff H. Adkins seriously
wounded, and W. T Lilly, a bystander,
shot In the shoulder In a pistol duel be
tween Adkins and several policemen,
arising from a dispute over authority
in tne city election.
The city officials, who are Republi
cans, appointed 40 special policemen,
while the Democratic county officials
appointed a large "number of Deputy
Sheriffs. Conflicts between the two sets
of officers came when Policeman Hill
and another officer arrested two Dep
uty Sheriffs as they were in the act of
arresting a negro charged with repeat
ing. The Deputy Sheriffs resisted, and
Deputy Adkins came to their assist-;
ance. In the pistol duel which ensued
some 30 shots were fired. Adkins and
the other deputies were placed under
arrest. The shooting occurred on the
most crowded street in the city, and it
is remarkable that no others were
wounded.
The above officers were seriously in
jured. Deputy Sheriffs Ennis, Bayles3
and Henry Nash and one policeman,
Burt Foster, were also wounded, but
their injuries were less serious The
windows of the City Hall Were riddled
with bullets.
BATTLE WITH THE RAILROAD
Human Race Has Heavy Casualty
Li3t In Three Months.
WASHINGTON, April 6. A report of
the railroad acldents In the United States
during the months of October, Novem
ber and December, 1904, has been compiled
by the Interstate Commerce Commission.
It shows that in that quarter 53 passen
gers and ISO employes were killed and 1430
passenegers and 1S6S employes were in
jured, a total of 242 persons killed and
320S Injured In train accidents. Other ac
cidents to passengers and employes, not
the result of collisions or derailments,
bring the total number of casualties up
to 14.978, of whom 951 were killed and 14,
027 Injured. The report indicates a de
crease of 178 killed and 624 injured, as
compared with the last preceding quar
ter. Of the total number of 53 passen
gers killed In train accidents, 29 were killed
in one collision between a passenger train
and a freight tram.
The total number of collisions and de
railments in the quarter was 2950. the
financial damage aggregating 52,406,031.
The number of employes killed in coupling
and uncoupling cars in the quarter was
7112 more than In the preceding three
months.
Attempt to Burn Girls' Dormitory.
LEXINGTON, April 6. Five attempts
to burn Rucker Hall, the girl's dormitory
of the George'town, Ky., College, the larg
est Baplist institution in the South, have
Just come to light. Five fires were start
ed in as many rooms on Saturday and
Sunday nights, with the apparent inten
tion of destroying the building. Every
effort to discover the Identity of Ihe In
cendiary has failed. The college author
ities believe that one of the girl students
did it, and the building Is now being
watched nightly.
. Every girl in the college was taken be
fore the faculty and sworn and ques
tioned,, the procedure consuming an en
tire night. Because of this some of the
parents have threatened to take their
children away from the school.
County Government for Hawaii.
HONOLULU. April 6. The Legislature
has finally passed the bill establishing
county government for the Hawaiian Isl
ands. The bill divides the Islands into
five counties, the leper settlement of Molo
kal being made one of them. The act pro
vides for an election June 20 to elect
county officers, who are to take office in
July. The supporters of the measure de
clare that they will be able to pass the
bill over Governor Carter's veto. In the
event that he should disapprove of it.
i
Dr. Harper to Return to Chicago. .
NEW YORK, April 6. Dr. William
R. Harper, president of the University j
of Chicago, Is preparing to return '
home. He will arrive there, accord
ing to present plans, next Monday
mornlng. "I shall," he said, "go to my
office at the university In the after
noon and get to work of course, mod
erately at first."
, Drowned in Trask River.
TILLAMOOK. Or., April 6. (Special.)
Fred Tomllnson was drowned In the
Trask this afternoon. He was crossing
in the ferry when the cable broke, which
caught him and threw him overboard.
He was alone at the time, and his body
has not been recovered. He left a wife
and large family.
V.T.-i.
LAID.
PLAN 18 PERFECTED
Oregon Development League
Convention.
FIFTEEN HUNDRED DELEGATES
Railroads Make Rates, and an Un
usually Large Representation
From Cities of the State
Is Now Assured.
Arrangements are being perfected
for.th meeting of the Oregon Devel
opment League to be held In Portland
April 26-27. From La Grande and all
points east the O. R- & N. Railroad
Will make ton open rate of one fare for
the' round Irlp, and from points west of
La Grande, one fare and a third for
the round trip.
Tho Southern Pacific has made a rate
of one fare for the round trip from all
points south of Glendale and a corres
ponding rate of one and a third fare
for the round trip from points between
Glendale and Portland. The Northern.
Pacific makes the tickets good on
trains arriving on the morning of April
26 or April $7. Tickets on all roads are
good for return until April 28.
Though the complete programme has
not been arranged, it has been an
nounced that the morning sessions will
be general meetings in which all mem
bers will participate, the afternoon ses
sions to be in sections. On the after
noon of April 26 the good roads section,
in charge of J. H- Scott, of Salem, will
meet with the entire league for the
consideration of matters peculiar to
that section. The other sections will
represent fruits, dairying and mining.
It is hoped that by working the sections
better results will be attained and more
material benefit will be derived from
the convention. Secretary Richardson
has been advised that there is a move
ment on foot among the several dis
tricts to bring the greatest number of
people to the convention, and indica
tions are that the meeting will be a
great success, and that the attendance
will not fall short of 1500. Newberg, it
is said, will send a representative dele
gation and will report excellent prog
ress in that district. Independence is
another town from whlh great things
are expected, while Hood River, which
made a fine representation a year ago,
will be present 100 strong with a
.marching club, the members of which
will carry apple-wood canes, symbolio
of the. orchard industry, which has
made that section famous. Eastern Ore
gon will also send a fine representa
tion to the convention.
WHITE
ICE CREAM
IS MADE FROM PASTEURIZED
CREAM
ANY
COLOR
OR
FLAVOR
PROMPT
DELIV'RY
SEND
TRIAL
ORDER
DELICIOUS
HAS INO
T. S. TOWN SEND
44-46 SECOND ST.
Acting under the instructions of th
United States Attorney-General, Deputy
Unlted States District Attorney Banks is
now preparing a suit to be brought
against the Klamath Canal Company by
thc Government, for the purpose of re
straining the canal company from fur
ther work or extension on the Klamath
Canal.
The grounds upon which the application
for this Injunction will be asked are that
the establishment and construction of a
canal 30 miles long and 50 feet wide. a-
proposed by the Klamath Canal Companj
and the resulting diversion of the waters
from the Upper Klamath Lake, in con
nection with what will be used in the
Government Irrigation canal, would ?o
lower the waters in the other Klamath
lakes as to interfere with the Interstate
commerce of two states. The second rea
son is that the Klamath Canal Companv
has never applied to the Secretary of
War for permission for the construction
of its canal, as required under section
10 of the river and harbor act of March
3. 1S99.
This suit forms another chapter In th-
history of the reclamation of the Klam
ath lands. In this region, where the re
clamation department of the Government
proposes to establish an extensive Irriga
tion system, a chain of lakes is formed
by the Upper Klamath Lake. Lake Klam
ath and other smaller bodies of water.
Lake Klamath has Its location in two
states. Oregon and California, and this,
with the upper lakes, forms a naviga
ble waterway, and Is used for tho pur
pose of commerce.
Under tho project of the reclamation
department the Government canals wilt
find their source of supply in Upper
Klamath Lake, and to provide for this
the last Congress gave tho department
authority to utilize the waters of the
upper lake to the extent of lowering Jts
level two feet. This would serve the
double purpose of furnishing water for
the canals and also of draining the Klam
ath marsh and the other marshy grounds
in that vicinity.
The primary object, in securing the
abandonment of the Klamath Canal Com
pany's project is to protect the naviga
tion of tho lower lakes. This company
is a private corporation, but whllo its
object Is to establish an irrigation caunl
in that same district, it lacks the sup
port of the people of that section repre
sented by the Water Users Association.
Its proposed 50-mlle canal, of which four
and a half miles have been constructed,
would not cover the extent of territory
proposed to be Berved by the Govern
ment and by Its ising tho waters of the
Upper Klamath Lake In conjunction with
the Government tho supply ot water for
the lower lakes would bo so decreased
as to render navigation impossible.
The Initiative and Bad Legislation.
GRANT'S PASS. Or., April 5. (To the
Editor.) I wish to add a word to the edi
torial of The Oregonlan upon the effort to
invoke the Initiative to enact a law to en
able the state and county to collect taxes
upon the lands that have long been un
taxed. I cannot agree with The Oregonian.
when It argues that such questions should be
left to the Legislature. The fate of the
measure and many other like measures la
every seeslon of the legislature should con
vince all that legislatures are generally or
ganized by those Interested in holding up
and defeating such laws. Permit me to caltj
attention, though, to what I believe to be
reasons that would render such a law la
operative. Section 13 of Bellinger and Cot
ton's laws of Oregon provides that the
statute of limitations shall apply to a'l
actions brought In the name of the state or
county or other public corporation. Under
this statute the Supreme Court decided In
State vs. Baker County, 24 Or. 148, that this
applied to actions In behalf of the state
against counties. In the case of Schneider
vs. Hutchinson, 35 Or. 230. the court de
cided that by reason of this statute title to
state lands could be obtained by adverse
possession. The limitations prescribed by
law of the state for a liability created by
statute for taxes Is six years, and In the
case of State vs. Baker County, our Su
preme Court said the state could not collect
taxes unless the suit was brought within six
years, and the same rule would apply to
a suit to collect taxes from individuals or
private corporations. All taxes unpaid fr
the years prior to 1S09 are barred by the
statute and the same cannot, unfortunately,
be collected. As the law would be Ineffectual
and disappointing It the attempt was made
to collect taxes unpaid for tho years prior
to the last six years. It Is In my opinion a
good reason why the initiative should not be
used. The enactment of a few laws that
will be void and of no force would soon
afford an excuse for repeal ot the Initiative
amendment, which I hope will not be done
until It has been used to abolish the uppe
house ot the Legislative Assembly and to
limit the amount that can be expended for
clerical hire at each session to 5200 a dav.
through amendments to the constitution
Most of the bad legislation In the various
states comes from the two-chamber legis
lative assembly. In several of the British
provinces the unicameral legislative assem
bly has been adopted with the best of re
sults. ROBERT GL.ENX SMTH.
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