Morning Oregonian. (Portland, Or.) 1861-1937, February 09, 1907, Page 7, Image 7

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

Governor Protests Against
Repeal of Timber and
Stone Act.
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
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,
. Governor.
Some of the Important Bills Now
Pending at Salem.
SALEM. Or.. Feb. 8. (Special.) So
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.
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
"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.
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.
Earl W. Harding, of Gaeton. President-elect
of the Student Assembly.
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.
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-
r " 7
wwrMTirfriftrfinnrnfihi i?ifi'"WiiiiiiiiiiiiiroMiiiMWiiriiiiTiiTiiii
Ben AV. Greenhaw, of Portland,
General Manager-elect of Athletics.
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
Liberal allowance given in the exchange for old stoves and ranges,
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.
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-
John Bhroeder, of Portland, Elected
Fxlitor-ln-Chlef of Barometer for
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.
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
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.
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.
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
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.
r- -i