THE MORNING OREGONIAN, SATURDAY, FEBRUARY 9, 190T. ? STATE'S INTERESTS ARE II JEOPARDY Governor Protests Against Repeal of Timber and Stone Act. SENDS SPECIAL MESSAGE I'rges Legislature to Memorialize Congress Promptly In Behalf of Public Telegrams Are Sent to Senators at Washington. SALEM. Or.. Feb. 8. (Special.) Pro test against the repeal of the timber and stone act has been made by Governor Chamberlain, and probably will be echoed by the Oregon Legislature on Monday. After sending to the two Houses today a strongly-worded message, calling atten tion to the proposed repeal, and urging the Legislature to wire a protest to the Oregon delegation at once, the Governor sent a dispatch to Senators Bourn and Fulton asking them to oppose the re peal, but to favor amendment of the timber and stone act. Though both the House and the Sen ate gave Immediate attention to the Gov ernor's message, neither took hasty ac tion. The House referred the message to the committee on resolutions. The Sen ate referred It to a special committee, composed of Senators Miller, of Linn Marlon, Booth and Bowerman. The ref erence to the committee carried no in structions, and this was clearly ex pressed In the Senate, where Senator Booth, remarked that this was an Im portant subject and It would not be best to instruct the committee to forward a protest until the matter had been con sidered. The message reached the Legis lature In the afternoon too late for consideration today. The greatest Interest the state has in the timberlands lies in the right of se lection of indemnity lands. Th state has 60.000 acres of "base" upon which the State Land Board hopes to realize about $450,000 by sale of indemnity land selected thereon. The timberlands fur nish the best opportunity for selection of saleable indemnity lands. If, therefore. Congress should take action that would prevent further selection of timberlands, much of the value would be taken out of the "base." In addition to this withdrawal of the timberland from sale would keep, the remaining timberland off the tax rolls of the several counties. The Governor's message follows: Text of the Message. Gentlemen of the Senate and House of Representatives I note in the dispatches of yesterday that the Senate committee on public lands in the Congress of the United States reported favorably on the 6th lnst., a bill repealing; the timber and stone act, and providing that in the future the Gov ernment shall retain title to its timber lands, and sell only the timber at not less than Its appral3ed valu. The committee have Incorporated an amendment, proposed by Senator Fulton, that 25 per cent of the money derived from the sale of public timber shall be paid to the counties in which the sales are made. If my under standing; of the committee's report is cor rect, the Government Intends to retain title to all the timber lands in the state, whether they be situated within the Federal reserves or not, and that the concession to the coun ties tn which the lands are situated of 25 per cent of the money derived from the sale of timber is Intended to reimburse said counties for taxes which they might ulti mately collect should this timber land pass Into private ownership, as under the bill as reported the title to all timber land re mains in the Government, and hence the land itself cannot be taxed. Already 11.569,648 acres of land have been practically withdrawn from settlement and cultivation by being; placed within Fed eral reserves: this covers at least one-fifth In area of the territory of the state. It Is impossible to tell how much more of the state's territory is to be withdrawn from settlement, sale end cultivation by this proposed new law. In case it is en acted by Congress. It may be equal. If not greater in acreage than Is now Included In Federal reserves. Without Questioning the advisability of repealing or amending the timber and stone act, but leaving this question entirely to the discretion and Judgment of the Congress of the United States, I deem It my duty to call your attention to the great injustice that is being done to Oregon and its advancement commercially and industrially by this pro posed legislation super-added to the arbi trary course of the Federal authorities in placing millions of acres within Federal reserves. Great Injustice May Be Done. It is Impossible to tell what great in justice may be done the state by 'this new act. and I suggest that a ringing protest be made by your distinguished body against the passage of any act by Congress which will retain in the Government title to the timber lands of the state, not already In cluded within forest reserve. Whatever Is done In the premises ought to be done promptly, and Oregon ought not to submit longer to having the most valuable of its resources placed In such condition as not only to retard, but absolutely to prevent the development of the state. If It be nec essary to amend or repeal the timber and tone act to prevent fraud, certainly some means can be adopted to give our people, acting In good faith, title to lands situated within the state and subject to is Juris diction. Kespectfully submitted, GEO. E. CHAMBERLAIN, . Governor. LEGISLATION BEFORE HOUSE Some of the Important Bills Now Pending at Salem. SALEM. Or.. Feb. 8. (Special.) So y. Fred N. Fox, of Iji tirmnde, President Fleet of Oratory and Le bating- at O. A. C. for 1807-8. -- ----'. ---. J. -'.-,.- -.- licitation by attorneys and others of damage suits from persons who have been injured In mills or in other em ployment is prohibited by the terms of a bill introduced in the House by Rep resentative Bayer at request of owners of some of the large lumber mills of the state. Re-enactment of the state's old scalp bounty law is proposed in a bill intro duced in the House by Representative Brown, at the request of the Linn County Coyote Club. This bill authorizes the payment by the Coun ty Court, at Its discretion, of bounties on numerous wild animals, including coyotes, bears, cougars, wild cats and gophers. The County Court is empowered to prepare a schedule of bounties to be paid, all of which shall come from the funds of the county. Barrett, of Umatilla, has introduced a bill Increasing from J2400 to $3000 the salary of the District Attorney of the Sixth Judicial District. Another bill provides for a salary of $600 to be paid the Deputy District Attorney in the Sixth Judicial District. Heretofore, this expense .ias been paid by the Dis trict Attorney, but the new plan of compensating this office Is recommend ed by the grand jury of that district now In session. These bills will be held in committee for the present, pending the disposition of Campbell's County Attorney bill. In order to correct a typographical error in a bill enacted at the 1905 ses sion by which only $4000 per annum was made available from an appropria tion of $12,000 for the biennial term for the support of orphans and found lings, the committee on ways and means today introduced a bill amenda tory of this law and making available all of the money so appropriated. The same bill also carries an appropriation of $7000 per annum for the support and maintenance of institutions for way ward girls. STRENUOUS DAYS ARE AHEAD Oregon Legislators Far Behind With Work of Lawmaking. SALEM, Or., Feb. 8. (Special.) Strenuous, Indeed, will prove the re mainder of the present session of Ore gon's solons. No other legislative ses sion in years was further behind in its work at the same period of a session than is the assembly of lawmakers now doing business at the Capital City. As early as February 3, in the session of 1905, the beginning of the fourteenth session, 48 bills had passed both Houses and were delivered to the Governor for his consideration, while the present Legislature in .the same time disposed of only seven bills and submitted them to the state's Executive. This all goes to show that the re maining 14 days of the session will prove an exceedingly busy time. In fact, if the 558 bills that have been in troduced, 189 in the Senate and 369 in the House are to receive any consid eration, both, branches of the Legisla ture will find it necessary diligently to work, regardless of the customary four hours a day session, and any statute prohibiting night work. Night sessions will be necessary for the transaction of the large volume of business in the dis position of which both houses have only made a beginning. The total number of bills introduced at the 1905 session was 649, 272 in the Senate and 377 in the House. Consideration of measures in the Sen ate is in better shape than in the House. The former body is better or ganized, and while the proportion of bills introduced is even larger than in the House, the measures are being dis posed of with greater dispatch than in the Hall of Representatives. The back ward condition of legislation in the House has been contributed to by a number of causes, the most responsible of which is the interruption of com mittee work. Few of the House com mittees have their work in hand, and these include as a rule the minor com mittees. The consideration of prospective rail road legislation by the railroad com mittees, which in the House includes Representatives who are also members of one or more of the other important committtees, and the frequency with which the railroad committee has been meeting and the exactions that follow a membership on that committee, as well as on the irrigation and ways and means committees, have been such as to seriously disorganize and retard the work of the -other committees,-principal among which are those on assess ment and taxation and banking. Delayed and interrupted train service, which has prevented delegations from both Eastern and Southern Oregon from reaching this city, whence they are en route in the interest of bills that are pending before numerous of the other committees, has caused these committees to defer reporting on such measures until the interested parties can reach the city and be accorded a hearing before the committee. "The present condition of things in the House clearly establishes the folly of naming any one Representative on more than one Important committee," said a House member today. "Just as soon as this is done, business is ob structed. Especially .is this true in ses sions where there are so many important measures pending and which require so much consideration." Especially behind in its work is the committee on assessment and taxation. Other than to make report on perhaps a half-dozen of the large number of bills that have been referred to this committee, the members, on account of the reasons recited, have been unable to hold but a few meetings. Only a beginning has been made in reviewing and passing on the re port of the Tax Commission, which pro poses many Important changes, amount ing to a general revision of the laws on assessment and taxation. There are also a number of other measures of large Im portance before this committee to which blame for the delayed state of its work does not belong. PILES CURED" IXITOll IAT8. PAZO OINTMENT i guaranteed to cure any case of Itching. Blind, Bleeding or Protruding Pile in 6 to 14 days or money ref d. 60a. NEW STUDENT BODY Earl W. Harding, of Gaeton. President-elect of the Student Assembly. Jillpiiiftiia SENATOR HEDGES MOURNS ANTI-PASS BILL MUTILATED BEYOND RECOGNITION. Members of Upper House Amend It to Diametrically Alter Its Pur pose Author Still Fighting. SALEM, Or., Feb. 8. (Special.) The Senate this morning amended Hedges' anti-pass bill, as recommended by the committee on railroads, and the bill now has a purpose directly opposite to that which it had when introduced. The amendment was adopted only after a strong fight by Hedges to secure action upon his measure in the form in which it was passed by the people in June. He was very evidently anxious to get the Senators upon record, for he repeatedly called for the ayes and noes and fought for his bill at every step. The bill, as Introduced, prohibited the giving of passes. The amendment pro posed by the committee on railroads made it the duty of all common carriers to furnish transportation to all state and district officers and to Sheriffs and County Judges. (Hedges objected to such an amendment, for it would give a bill bearing his name a character directly opposite to what he had intended. Senator Biley said that he appreciated Hedges' position and did not himself be lieve it would be right to thus amend a bill and pass It bearing the name of a man who was opposed to It. To re lieve Mr. Hedges he moved the lndelinite postponement of the bill. Hedges ob jected to this, as also did Senator Booth, the latter saying that the question may as well be fought out and settled now as any other time. The motion to post pone was overwhelmingly defeated. Senator Malarkey then moved that the bill be referred back to the committee on railroads with Instructions to report Freeman's House bill 241, for a com pulsory pass law, before it reported Hedges' bill again. Hedges again objected, saying that ne did not want his bill disposed of in such a manner. "I will stand by this bill as long as I am a member of the Senate," he ex claimed, "and shall oppose any amend ment. I introduced this bill because the people want it. I want this Senate to vote upon the amendments and to vote upon the bill, and if the bill is defeated I will take my medicine." Senator Beach said he thought he was conferring a favor upon Hedges in favor ing postponement, and Bailey voiced the same sentiment. He said that Hedges was apparently anxious to put the Sen ators on record on this bill and so far as he was concerned, he had no objec tions to going on record. "The Senator from Clackamas," he said, "Is trying to make campaign thunder by his insist ence upon a vote upon the amendment and the bill." Senator Hodson expressed a willingness to take final action, and "to go to it and put the bill out of business." Malarkey resented the imputation of improper mo tives and said that Hedges can make all the campaign thunder out of this meas ure he wishes. The railroad committee had been very busy and had not been able to report that bill sooner, and now it is the opinion of many that this bill should be considered in connection with the House bill on the same subject, hence his motion to re-refer. The motion to refer back was defeated by a vote of 13 to 16. Nottingham moved to lay the bill upon the table. and this was defeated by prac tically the same vote. The question was then put on the adoption of the amend ment proposed by the railroad committee, and it was carried by the following vote: Ayes Bailey, Beach, Bowermaft, Hart, Hodson, Johnson, Malarkey, McDonald, Miller of Linn-Marlon, Mullt, Notting ham, Sichel, Whealdon, Wright, President Haines 15. Noes Bingham, Booth, Caldwell, Coke, Cole, Coshow, Hedges, Kay, Laughary, Laycock, Miller of Linn, Scholfleld, Smith of Marion, Smith of Umatilla 14. Absent Mays. The amendment having been adopted, the bill went to the committee on en grossed bills and will come up for final passage Monday. STERILIZE TjIFE PRISONERS Dr. Owens Adair's Bill Introduced in Oregon Legislature. SALEM, Or., Feb. 8. (Special.) Steri lization of a certain class of Insane per sons and convicts is authorized in a bill that has been introduced in the House by Representatives Farrell, Chapln, Beals and Newell. Jointly. The bill was pre pared by Dr. Owens Adair, a retired medical practitioner of Astoria. "The bill Is not without merit," said one of the men responsible for its ap pearance in the House. "The passage and enforcement of such a law stands for the protection of society and the better ment of the mental and physical state of many unfortunate Individuals, who can by this treatment only be restored to a self-supporting condition. In this way a big burden will be removed from the state. This legislation is not new. There is a similar bill before the Wisconsin State Legislature while such a measure will also be brought before the Washing ton Legislature." The provisions of the bill follow: Section 1. That all feeble-minded, epi leptic and Insane persons, committed to any state Institution, shall be sterilized, except such as tn the Judgment of the physicians in charge of such Institution or institutions or the State Board of Health should be ex cepted; and all convicts sentenced to life Imprisonment, or who have previously served a term of Imprisonment lit any peni tentiary, shall also be sterilized. Section 2. It shall be the duty of the physicians In charge of the various state Institutions to execute the provisions of this act under the direction and subject to the rules and regulations of the State Board of Health, and It is hereby made the duty of said Board of Health to provide such rules and regulations and exercise such super vision of all cases coming within the pro- OFFICERS AT STATE AGRICULTURAL COLLEGE r " 7 wwrMTirfriftrfinnrnfihi i?ifi'"WiiiiiiiiiiiiiroMiiiMWiiriiiiTiiTiiii Ben AV. Greenhaw, of Portland, General Manager-elect of Athletics. Sfte DUPLEX GRATE OF A BUCK'S RANGE WILL BURN ANY KIND OF FUEL Another one of the many splendid features of the Buck's Range the Duplex Grate saves fuel, for it admits oxygen to the burning fuel in such quantities that all its heating power is exhausted and used. And, further, this grate may be changed in an instant so as to burn either wood or coal, and it may be easily re moved for cleaning and without disturbing the water - back. The fuel - saving quality of the Buck's Stoves and Ranges should alone be a sufficient reason why you should own one. Our liberal payment terms offer you exceptional advan tages for placing one of these in your home. $1.00 IN THIRTY DAYS--$1.00 PER WEEK THEREAFTER Liberal allowance given in the exchange for old stoves and ranges, BARGAINS IN OUR EXCHANGE DEPARTMENT rui: ralCOMPLE visions of this act, as in the discretion of the members of said Board will conduce to the health and safety of the people f the state. Human Life Worth $7 500. SALEM. Or., Feb. 8. (Special.) After repeated efforts to secure the removal of the limit to the amount of money that may be recovered as damages for death caused by the acts or negligence of an other, the friends of that movement have succeeded in getting through the Senate a bill raising the limit to $7,500. Here tofore the limit has been J5000. The bill passed was Mullt's Senate bill 60. Mr. Mullt said -when the bill came up that he had hoped to have the limit removed entirely, or to have the amount raised to a larger sum, but as his bill had been amended by the committee on industries by placing the limit at T500 he would ask to have the bill passed in that form. There were no dissenting votes. New Bills in the Senate. SALEM, Or., Feb. 8. (Special.) Bills were introduced in the Senate today as follows : S. B. 208, committee on claims To pay the John Mullan claim to the amount of 19465.95. 8. B. 204, Cole Specifying the manner In which the plea of insanity shall be made. S. B. 205, Judiciary committee Governing granting of new trials. S. B. 206, Malarkey Governing executions against personal property. 8. B. 207, substitute for S. B. 36. committee on agriculture Regulating setting out fires. ' Bills Passed by the House. SALEM, Or., Feb. 8. (Special.) Follow ing bills were passed in the House today: Sub. H. B. 70, Judiciary committee, as to execution of writs of attachment. Sub. H. B. 3, Settlemler For taxing lands that for last five years have escaped taxation in this state. ' H. B. 314, Driscoll Deficiency appropria tion bill, carrying $51,880.06. H. B. 3l2, by members of Multnomah dele gation Repealing all perpetual franchises. President Haines Gets Gavel. SALEM, Or., Feb. 8. (Special.) Secre tary George H. Himes, of the Oregon Historical Society, has presented to Presi dent Haines a gavel similar to that which was presented to Speaker Davey a few days ago, made of pieces of wood of his torical interest. President Haines dis played the gavel from the rostrum today, and had the clerk of the Senate read the communication accompanying the gift and explaining the history of the wood. Vnlverslty Bill Special Order. SALEM. Or.. Feb. 8. (Special.) House bill 37, appropriating $125,000 annually for the maintenance and support of the State University, has been made a special or der in tbe House at 2 o'clock next Mon day afternoon. Other teas and coffees are compared with Schilling's Best, the standard of excellence S. L. Bennett, of Med ford, Tres orer -elect Student Assembly. COMPLETE H005E-FURni5HER5i BUllNG LAW IS MENU COMMITTEE DOES NOT AP PROVE ORIGINAL .DRAFT. Makes Many Changes In Measure Submitted by Committee of Bank ers Before Session Opened. SALEM, Or., Feb. 8. (Special.) The bill for a general banking law, drafted by a committee of bankers, has met the disapproval of the members of the bank ing committee in a number of particu lars. Many changes in the bill have been made by E. V. Carter, H. Hirsch berg and Joseph Albert, who conferred upon the subject. As it now stands the bill provides for the appointment of .a bank examiner by a board composed of the Governor, Secre tary of State and State Treasurer. The examiner is to receive a salary of $30u0 a year. Fifty per cent of the capital stock must be paid on organization of the bank and 60 per cent within six months, the amount of required capital varying according to population. Invest ments can be made in real estate only for banking purposes, and real estate taken on debts must be sold within Ave years, or no longer carried as an asset. Ten per cent of the net profits must be placed in a surplus fund until the surplus fund equals 20 per cent of the capital stock. Losses must be paid out of profits and the surplus maintained. Acceptance of deposits when insolvent is made a felony, the words "fraudulently and with Intent to defraud" having been eliminated. A loan to any one person cannot exceed 25 per cent of the amount of the capital. Ko loans can be made except on real estate security. Certified checks can be issued only on cash paid in and not on cash left subject to check. Loans can be made to officers of the bank only on authority of a majority of the directors. In cities . of less than 50,000 inhabitants a bank must keep on hand, or on deposit. In solvent banks, 15 per cent of its demand deposits and 10 per cent of Its time deposits. In cities of over 50,000 they must have kept in like manner 25 per cent of the amount of demand deposits and 20 per cent of time deposits. At least one-third of this must be cash on hand. The bank examiner must inspect at least once a year, at irregular times, and if he finds a bank insolvent must report to the board who investigate, and If they deem best shall order the attorney to bring suit to have a receiver appointed. A number of amendments will yet be proposed, particularly for the purpose of giving the examiner power to close a bank without reporting to the board first. Investigate Light Problem. SALEM, Or., Feb. 8. (Special.) Pres- iwwwifasrataifa John Bhroeder, of Portland, Elected Fxlitor-ln-Chlef of Barometer for 1907-08. ident Haines has appointed the following Senators In the Joint committee to inves tigate the subject of electric lighting for the public buildings at Salem: Notting ham, Bingham, Smith of Umatilla, Miller of Linn-Marlon, and McDonald. BE JUST TO THE RAILROADS Judge Moreland Warns Against Scaring Away Railroad-Builders. PORTLAND, Or., Feb. 8. (To the Ed itor.) All Oregon is wild on the sub ject of railroad legislation, and it seems to me there Is danger of going too far. Railroads are a powerful fac tor In the development of any country, particularly powerful In developing or retracting the growth of our country. Oregon for the past two years has been In the midst of wonderful prosperity, such as none of us have ever seen be fore. This prosperity is very largely due to railroad developments and rail road building. That the railroads ought to be controlled, I think everyone will admit, but they ought to be controlled in the interests of Justice to the rail roads as well as to the people, because If the railroads do not get Justice they have means of retaliation, particularly at the people of Oregon, which our people can HI afford. The experience of Oregon in a rail road commission in the past is not very flattering to its success in the future. In the railroad bill now pend ing before the Legislature of this state, as I understand it, there are some very drastic provisions, which seem to me not to be Just, Two of these, it seems to me, in the interests of the people, ought to be amended. In the first place, what is called the initiative provision of allowing the commissioners who are to be ap pointed to file complaints against the railroad to regulate the rates does not seem to me to be fair; that they ought to be allowed to order cars and make general provisions, goes without saying, but it is too much like allowing a court to act as attorney for plaintiff to suit the ideas of just'ee. When they file a complaint themselves, they are not in a position to deal out even-handed justice to the railroads. I remember once going before a Justice of the Peace and having objected to a complaint that was filed which had not the semblance of anything making the defendant liable, when the Justice of the Peace said to me, "Young map, that complaint is good. I drew it myself." So the Commissioners will he. When the Hair Falls Stop it! And why not? Fall ing hair is a disease, a regular germ disease; and Avers Hair Viqor J NEW IMPROVED FORMULA J quickly and completely destroys these germs. The hair stops falling out, grows more rapidly, and dandruff disappears. An entirely new preparation. The New Kind Does not change the color of the hair J. C AYER CO., Manufacturing Chemist!, Lowell, Mm. Sfrc SATURDAY SPECIAL A new and attractive design Rocker, in tha quarter - sawed Gold en Oak; a comfortable pattern, saddle seat, ex actly like cut. Special for today only. One only to each customer. No mail, telephone or C. 0. D. orders taken. SPECIAL $3.75 SALE OF CHINA CLOSETS ENDS TODAY for they will only be human. 'When they file a complaint themselves, they will not be in a position to pass fairly upon the facts. I know but little about rate-making myself, but I do know enough about it to know that it is an intricate prob lem which no man not versed in it and unskilled in it can moke and do Justice to the shipper and the roads. If people who ship want lower rates, if they are overburdened by the tariff, let them make their complaints to tha Commis sioners and apppear there, so that the Commissioners can get into the investlga. tion at least unprejudiced, and give a fair show. In another particular it seems to me tills bill ought to be amended. If I have read accounts of railroad legislation aright, there are 25 states which have commissions which allow a court review, and only one, that of Wisconsin, which makes the orders of the Commissioners final. That is to say, if the commission shall fix a rate, or shall do some act of injustice, the railroad or the shipper will have a right to appeal it to the courts for redress. This proposed law, as I un derstand it, makes the order of the Com missioners final. Is there not danger of gross injustice being done to one or the other? Thus far in the history of our Government we have been able to trust to the courts and they have not disap pointed us. Let the railroad rata that the Commissioners shall fix stand until It shall be set aside by the court, but either the railroad or the public ought to have the right to appeal from the de cisions of the Commissioners to the courts. These are matters of simple justice. The State of Oregon cannot afford to be any thing else than just. That many acts have been committed by the railroads against individual shippers which they ought not to have done Is patent, but don't let us be carried away so far as to Injure ourselves, and injure the state, by enacting such vicious legislation as will turn all railroad investment from the state, will stop all building and will pre judice all railroad men against the State of Oregon. We can't afford it. We need the railroads and can't get along with out them. We want to control them, but we can afford to be Just in doing it, and. if the Legislature shall enact bills which are unjust and vicious, the people of the State of Oregon will suffer the penalty along with the railroads. Now, Mr. Editor. I am not interested in any railroad, have no retainer and pay my fare when I ride on the railroads, and I write tills simply to call attention to what seems to me danger in going too far on this question. Don't let petty pre. Judlce or resentment enter into the ques tion, but deal fairly and justly, and the acts of the Legislature will be approved. J. C. MORELAND. MAKE YOUR" 3 WN TERMS r- -i