Morning Oregonian. (Portland, Or.) 1861-1937, November 18, 1908, Page 10, Image 10

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    1903.
THE STORE NOTED FOR BEST GOODS AT LOWEST PRICES
ADOPT PLAH OF
GIT! ELECTIONS
HOLDS MEETING
9
Erectors Daie
Listens to Papers, Has Dis
cussions and Proposes
Resolutions.
Charter Commissioners Vote
Against Proportional Repre
sentation in City Politics.
Kavanaugh. "Why, a man could be
discharged for refusing to loan his su
perior officer money."
"It gives the head of a department the
right-to discharge a man for malice,"
declared Mr. Montague.
"Wo could Invoke the recall in a case
like that," said Mr. Gearin. "The Civil
Service Commission might construe it
as political," suggested President H.
E. McGinn.
Mr. Rynerson. who voted with the ma
jority to eliminate appeals, explained at
this time that he voted under a misappre
hension. He moved a reconsideration,
which carried. The Commission then voted
to adopt the report of t.ie committee on
civil service.
The Commission voted to give tne
Mayor the right to remove Civil Service
Commissioners and that the Mayor and
Council shall fill the vacancies.
CHORUS HOLDS REHEARSAL
BAR ASSOGIATIOrl
TAKE UP CIVIL SERVICE
Deride to Fttmlnat Right of Ap
peal, bat Reconsider and Leave
System Much as Older
Present Regulations.
Thie Charter Commission, at its ses
sion Jast night, voted against propor
tional representation, and in favor of
the same plan of election as provided
ry the Oregon code. Two hours time
was consumed in the discussion of
civil service, and at one time the mem
bers voted by a small majority to elim
inate the ririt of appeal except for
religious or political reasons in cases
of rtmo-val by the head of a depart
ment, thus jcivlng the department head
a hen lute power to discharge incom
petents. busy bodies" of any man not
Jn accord with the administration.
After the Inth-r-onsideratlon and
taking of the vot-Wc M. Rynerson,
who voted with the majority, declared
he voted under a misapprehension and
tht- members voted, a- reconsideration
This resulted In th adoption of the re
port of the committee on civil service,
with little changts, leaving" the civil
service as about at present.
W ill Meet Again Friday.
The Commissioners voted to meet
strain Friday night. There Is much
work yet to be done, and frequent
sessions must bo held. If the new char
ter is to be reported to the Council in
February.
The first business considered was "the
report of the committee on wards,
boundaries and elections. R. W. Mon
tague moved that proportional repre
sentation be not adopted, as recommend
ed by a committee, and that the elections
be held In the same manner as now pro
vided by la w. The question was dis
cussed at Ienrth. h V. Holm an expressed
the belief that a voter should be allowed
to vote for but one 6f six Oouncilmen,
but Senator Gearin declared that, under
such a plan, it would be possible for an
election to miscarry, as a large number
might vote for one candidate and fail
to elect a sufficient number of Council
men. Ir. C. II. Chapman favored the
proportional representation plan, and said
it Is unwise to pasa over the question
lightly. The motion by Mr. Montague
prevailed.
The Commission voted unanimously to
elect the Mayor for four years and the
Councilmen for four years. The commit
tee's report was that the Mayor be elect
ed for two years, "according to time-honored
custom," said John F. Lo?an, Three
of the Councilmen to be elected at the
first election will probably serve only two
e.rs. the other three holding over to
form a nucleus for the new administra
tion. Takes Vp Civil Service.
The eommiftslon next took up and con
sidered the report of the committee on
civil service. The clause making It a
duty of the Circuit Judges of Multnomah
or the Ooverrmr to fill vacancies on the
Civil iVrvIce Commission was attaokfd
n-i being weak and unsattsfactlry. R. M.
Rynerson suirget?u-d that the Mayor and
l ouncil fill the vacancies, refusal so to
!o to constitute grounds for removal from
office. Senator Gear in declared himlf
In favor of civil service, but said heads
of departments should have full power to
remove incompetents .or "busy bodies."
He said the Mayor and Council should
n;i mo the Civil Service Commission and
should formulate the rules for its opera
tion. "What if Cie Mnyor and Council refn.se
to provide rul s and leave it open to the
spoils system?" aked F. EL Beach.
"We have the recail, and can remove
them for refusal." replied Mr. Gearin.
Mr. Montague defended the report of the
committee, mid declared that its pro
visions are soumL "it only calls for the
removal of civil service employes for
the reason of other than political or
religious purposes," said he, "and If you
make it one whit less, you will turn it
over to the political harpies, who will eat
themselves int. The public mind on the
subject of employing city help Is such
that It will tolerate the appointment of
any one for the fulfillment of personal
tavor. 1 have known of cases here
w here men have importuned the present
aippo-nting power to put men of the
rankest incompetence into tiie public
service."
How Former System Worked.
Mr. Mimta&ue made a strong plea for
a good, independent civil sen Ice commis
sion. Mr. Iog;in told of a case of 12
policemen, who were removed in 19ui)
I r the stated reason that there was lack
of fundi, but without any appropriation.
II new ones were named and were of the
Political faith of the official? who re
moved the l: He also explained that
ihe present civil service rules permit of
the discharge of any employe for incom
petency, the same as provided in the re
j.rt. "lie said that politics will figure
largely in the condition of affairs
jind that a strong civil service is, there
fore, urgently need d.
Pr. Chapman said that the argument
that a political machine can be built tip
by any officials on the removal plan was
error. eons. It takes the power of ap
pointment to do that, he declared. He
denounced the plan of rilling vacancies
i s the most absurd thir.g be ever hoard
f. The Circuit Court Judges, be said.
If they have any sen---e, "will not fall Into
the trap. s artfully set for their feet."
but that "the Cov. rmr will gladly accept
the opportunity to name a civil service
commission that will enable him to dab
hie In the political affairs of this city
aiul to bu:ld up a city machine."
Appeal Subject of Debate.
The debate raced about the question of
filvh.g discharged employes the right of
appeal, Pr. Chapman Lading the tight
for a svstui that will eliiiiiniite the long
uid tedious h--nrinoi in all cases of re
moval. IT. Chapman declared in favor
of doing away with the present plan,
which force the department head to
tphl all rvr.iovals before the fJxecutive
Hoard and Civil servicti Commiwrnn. He
said it si ould be b ft open. s that the
hHd if a department will not have to
defend his act in any removal. Mr. Mon
tague and Dr. "W. G. Kliot, Jr., m-giud
for appeals in cases cf removals for poli
tb hI or religious reasons or bad faith.
Senator Gearin moved to amend the
report. Srt as to rl,t out Tight of ap
pt al on the "bad faith" plea. The motion
prevailed, the vote beir.g 7 to L
Mr. Clear, n moved to strike out the
provision calling for the dismissal of
employes 1 the civil service oniy for
cause, so that the head of a department
rr.ay not have to asn any cause.
Takes Away Kvery Safcgnard.
"Th- tukes u whv rverv sa fe guard of
the employe." said Mr. Rynerson.
"It's going too far," declared J, P,
Cnder Direction of AY. H. Boyer
Drills for Festival.
Rehearsals were resumed for the sea
eon last night at the Heilig Theater by
the chorus which will sing at the music
festival in conjunction with the Chicago
Symphony Orchestra.
Vllllam H. Boyer was In charge and,
under his direction, several choruses
were sung in excellent style from Sulli
van's "Golden Legend," Miss Laura Pox
being the accompanist- .The two other
oratorios to be sung by the chorus will
be Dudley Buck's "Holy City" and Ros
sini's "Stabat Mater." All subsequent
rehearsals will be held every Tuesday
night at 8 o'clock at Kilers recital hall,
Park and Washington streets.
Next Tuesday night the chorus mem
bers will prdbably elect officers for the
ensuing year and agree on a name by
which the chorus will be known. Five
officers will be elected a president, two
vice-presidents, a secretary and treas
urer, who will manage all the business
affairs of the organisation and relieve
Mr. Bover of all responsibility in that
direction. It Is likely that at least two
of the officers will be women. A wish
has been expressed that a chorus of 500
members be organised, to make it wor
thy of the Portland music festival, and
all members of church choirs and other
musical organizations who wish to Join
the new oratorio chorus are asked to be
present at the next rehearsal, so that
their Homes can be enrolled.
It Is proposed that- the music festival
be given at the Armory about the end of
March, 1509, and it will take constant re
hearsals to get the chorus drilled in time
for that event.
NO INCREASE IN SALARIES
President Iakes Request of Mem
bers of His Cabinet.
WASHINGTON', Nov. 17. Every mem
ber of the Cabinet was present at to
day's meeting. After the meeting It
became public that the Cabinet has
been asked by the President to make
no recommendations in their annual
estimates to be submitted to Congress
for the Increase of salaries In their
respective departments. This will ap
ply to Government employes through
out the country as well as at Wash
ington. The suggestion was made to
the Cabinet sometime before the elec
tion, but. It Is explained at the White
House, has no connection with the at
tack made upon the Democratic plat
form on the Increase of expenditures
of the Federal Government.
The request that no Increase In sal
aries be made does not apply to cases
of automatic promotion of employes
from one grade to another.
BIG TAFT RALLY AT SALEM
Meeting Turns Into Discussion of
Statement Xo. 1.
SALEM. Or., Nov. 17. (Special.)
The Taft ratification banquet this
evening very rapidly merged from a
Taft meeting into a discussion of
Statement No. 1, but the best of feel
ing prevailed, notwithstanding some
veiy radical declarations. So far as
the number of speakers was concerned,
the two sides of the Statement ques
tion were equally represented, but the
applause showed preponderance of sen
tlmenj strongly against Statement
No. 1.
President C. L. McNary. of the local
Taft Club, presided. The speakers were
Congressman W. C. Hawley, State Sen
ators Kay and Smith; Representatives
Patton and Libby, P. H. D'Arcy, W. 1
Jones, Alonso Gesner. Colonel El Hofer,
Karl Race, Alex Lafollette. J. C. More
land, B. M. Croisan and George P. Rodg
ers. p. H. D'Arcy, a lifelong Democrat, was
welcomed to the Republican fold amid
prolonged cheering. About 250 Repub
licans attended.
GUESTS OF THE PRESIDENT
(Continued From First Pass.)
cant of all, both to the President and to
other Government officials present, was
the suggestion that Consress should pass
a bill of rlshts into which all labor legis
lation should be Incorporated and should
create a publicity board, whose purpose
would be to Investigate and make public
the details of controversies between" capi
tal and labor.
The plea for a bill of rights was made
by P. P. Morrissey, Grand Master of the
Railway Trainmen, while the publicity
board Idea was advanced by T. J. Dolan,
generl secretary -treasurer of the -Brother-hoon
of Steamshovel and Dredgemen.
The President's Interest In these
two propositions was keenly awak
ened but as to his attitude upon them
he was non-commitaL
Although many of the speakers ex
pressed their opposition to the boy
cott and sympathetic strike propagan
da, they urged that Congress should
better define the Injunction power of
the courts, and asked for aa modifica
tion of both this act and the Sherman
Congress to define the exact status
of labor organizations in general and
whether they should be permitted to
There was a divergence of opinion
on some of the propositions advanced,
but one of the leaders said that the
President told his guests that their
differences would ultimately result in
more comprehensive ideas and that he
urged them to get together on every
thing if possible and present a united
front.
MEN'S WOOL COATS $1
Vests of pure wool cloth .5Ac
Youths' uits, ilses to 35 S3. 50
Mn'a Pants, splendid goods. ...... ...$1.K)
Hoys' Knee Pants, ages 6 to 15........ .2fc
Mens All-Wool Suite $5.00
Mens fine All-Wool Overcoats $10.00
At the closlng-out sale of the wholesale
stock. Front and Oak streets, in the
wholesale district.
Tomorrow and Friday positively
last days for discount on Kast Fide
bills. lXu't forget to ead Gas Tijjs,
the
gaa
WANTS NEW CONSTITUTION
Judg Will R. King Sets Forth Xeed
of Better Legislation Covering
Water Resources of State.
Tribute to Heney.
The ISth annual meeting of the Oregon
Bar Association, which began Its two
days" session in the Federal Court room
yesterday, will close tonight with a ban
quet at the Commercial Club. Most of
the morning session was taken up with
the reading of reports of various commit
tees and listening to the annual address
of President Richard W. Montague and
the offering of several resolutions which
will be acted upon during today's ses
sion. (
The afternoon meeting was devoted to
the reading of papers. The first read was
an important paper by Judge Will R.
King, Commissioner of the State Supreme
Court, entitled. "Law of Water Conserva
tion and Use." Judge King's paper was
followed by a paper by James B. Babb.
of Lewiston, Idaho, on "Tne Features of
Idaho Law Concerning Irrigation and
Water Rights." Both papers were thor
oughly discussed by a number of the
most prominent members of the local
bar.
Judge King's paper was considered by
the members of the bar of considerable
Importance becnusa the present irrigation
laws of the state are badly muddled and
his recommendation for the calling of a
Constitutional Convention met with the
hearty accord of all present. Judge King s
paper in part follows:
Regarding Water Resources.
That our state has not fnlly appreciated
Its water resources and resultant benefits, Is
manifested by Its inaction with reference
to law as looking towards the protection
and use 01 these resources. This has largely
been due to the fact that only a Prt f the
state has been deemed arid and that there
Is a corresponding lack of Interest through
out the so-called humid sections. However,
when once the subject Is fully understood.
It will be found there are no humid sections.
As before observed, there is no part of the
state in which Irrigation at times would not
greatly enhance the productiveness of the
soil Only a few year, ago a constitutional
amendment, patterned after the Constitution
of Idaho, on the subject was rejected by
the people; yet. as a result of the same
constitutional provision. Idaho has advanced
to the front rank in Irrigation enterprises
and development. '
One corporate enterprise alone In that
state along the Snake River Valley bids fair
to excel any yet undertaken in Oregon,
either by private or corporate enterprises,
or by the Federal Government. One equally
as great was contemplated by the Reclama
tion Service in Malheur County, but finally
rejected, and the millions of dollars set
arcart for that purpose withdrawn, largely
lue to the conditions of our laws, making
it necessary to remove to where there were
less private holdings and more Government
lands for reclamation.
Idiiho Law Is Better.
In Idaho, the fact that large areas were
In private hands served as no impediment,
and the work Is progressing. This Is but
a few miles across the line, where a like
project was abandoned In Oregon. Much
unjust criticism has been made against the
Kodamatlon Service because more enter
prises under the reclamation act are not
undertaken in our state. In this connection
we hear It often observed that Oregon fur
nishes more money from its sale of public
lands than any other states. And this is
true; but this criticism overlooks the fact
that all publlo lands In Oregon, like those
of all states except Texas, are the property
of the people throughout the Nation the
property of the Government and not of the
stare.
Although our state has. through the sale
of publlo lands sold within its borders, fur
nished more money to the reclamation fund
than any state, yet wo are. and will con
tinue to be, estopped to complain that our
pro rata has not returned until we can
take a more forward step In Irrigation leg
islation, or until we can at least be placed
on an equal In this respect with our neigh
boring states of Idaho and Nevada.
Location Immaterial to Government.
Uniiar the abandoned project In Malheur
County alone the permanency of 10,000
homes In tlsmt section would have been
assured. But let it be remembered that a
like number of homes in any other state
or section of our country is of like benefit
to the Nation at large, although a loss
to our state locally. It may share In the
general benefits, but must lose from a
direct and local standpoint. It Is im
material, therefore, to the Government, that
lis projects must go elsewhere. Nor is It
Justly open to criticism for "seeking fields
of operation where the laws are most con
duct to the successful operation and main
tenance of the works intended by the
reclamation act. Th. Government con
structs Its work, and until paid for by the
water consumers, controls its management
In general, and to some extent, special man
ner. But some system must be devised where
by it can. before commencement of opera
tion, determine the available water supply.
If we beileve the records of the state there
Is no available water supply: from actual
computation It Is found that In Eastern
Oregon alone the records show appropria
tions of water sufficient to make 16 rivers
the size of the Columbia during its low
water flow. This abuss should be remedied
that we may know which are the bona tide
and which are the abandoned and over-recorded
water rights. And some system of
adjusting the .private holdings, by condem
nation or other lawful means should be
provided.
Other States Lead Oregon.
"What applies to the encouragement of
Government projects will, with equal force,
apply to the encouragement of private and
corporate enterprises. The states of Idaho,
Wyoming, Nevada, as well as the states of
Utah and Colorado are 20 years ahead of
Oncgon In this respect.
On other matters of legislation we find
our state constitution Insufficient to per
mit the desired relief. In fact, I belkeve
the most effective step that can be tuken
lookins towards tile solution of our many
Intricate Irrigation probkrns, to say noth
ing of the solution of many other questions
arising from year to year, would be the
adoption of a new constitution, one fully
adapted to the many new conditions of th4
present day, but few of which were dreamed
of at the time of the adoption of our
pivsent constitution. Let the coming Leg
islature do what others have long neglected
to do, and provide for the calling of a con
stitutional convention. This would enable
a convention of representative citizens from
all parts of Oregon to meet In session for
that express purpose, with sufficient time at
its command not only to eliminate many
of th extinct and useless provisions of
the original law of the state, but to
straighten out msny of the crooked turns
which have long proved obstacles to our
progress.
Recommendations Are Made.
In conclusion I make the following rec
ommendations: First Complete state control of diversions
frnrn streams should be provided. No water
right In the future should become vested
except by appropriation under the laws,
rules and regulations prescribed by the
state and the diversion of water without
right from a public stream. Including all
knowingly wrongful Interference with the
rights of others, to the Injury of another,
should be made a misdemeanor.
Second A system should be provided
whereby the priority and limitations of
every existing right to the use of water
csn eventually be ascertained.
Third Provision should be made for a
reliable record in some central of.re of all
rights to the use of water as determined,
and of new rights as initiated.
Fourth That actual measurements of
ditches and streams be made, as a basis
tor tbo adjudication of existing rights aaij.
.IclC.lc
T
oday
Lot
Lot
Phones Main 732, A 1137
for the Initiation of new rights to the sur-
Plf?hTo provide a definite procedure
whereby rights to surplus water can be ac-
"elxth That beneficial use should be the
basis of all rights to the use of water and
that water for Irrigation purposes should
he made appurtenant to the land Irrigated.
4 Seventh All rights to the
for power development should be limited
to some specified time subject to renewal
under certain restrictions.
Eighth An efficient administration, wlttt
proper officers for the distribution of the
water supply among those entitled to Its
use. should be provided, which officers
could be appointed by some designated of
ficer in localities as needed.
Ninth An adequate system of fees, pay
able to the state by those benefited, should
be provided for, so that eventually this sys
tem shall become self-supporting.
Attorney Babb's paper was read "by
A. King Wilson, Mr. Babb being unable
to attend the meeting. A spirited dis
cussion took place after the reading of
the two papers. In which Attorney Kos
coe R. Johnson, of Hermlston, took ac
tive part. Mr. Johnson is an authority
on irrigation matters in Oregon, having
done considerable work for the Gov
ernment. Other lawyers present who
discussed the papers were President
Montague, Wirt Minor, George S. Shep
herd, A. King Wilson and several oth
ers. Mr. Minor was strongly In favor of
the Legislature calling a constitutional
convention.
Today's session will also be devoted
to the reading of papers, and there are
a number of very important ones to be
beard. One especially Is the one pro
posed by the committee on laws. This
committee has proposed a full measure
on the subject of forcible entry and
detainer. The present law is consid
ered unsatisfactory.
Contrary to anticipation, the report of
Al.- n--iaTanj.A mlrtdO rend At til S
morning session, contained no fireworks.
The report was very specinc in its na
ture, and stated that the committee had
no occasion to file charges against any
member of the bar before the Supreme
Court,
Cases Left Over,
A number of cases, however, were left
over from the former committee. The
report showed that two cases filed
against H. C. King had .been considered,
three against J. A. Finch, one against
John F. Watts and two against J. H.
Hitchlngs. The committee was ordered
A FAT BABY
I'snally Evidence of Proper Feeding-.
Babies grow very rapidly and If they
do not get the right kind of food they
grow backwards instead of forwards:
that is, when their food is not nourish
ing they grow thin and cross and some
of them die from the lack of the right
kind of food. A girl writes:
"My aunt's baby was very delicate
and was always ill. She was not able
to nurse it and took it to one doctor
after another, but none of them did the
child any good.
"One day mother told my aunt to try
Grape-Nuts for the baby, but she
laughed and said if the doctors couldn't
do the baby any good, how ceuld
Grape-Nuts? But -mother said try It
anyway.'
"So my aunt put one tablespoonful of
Grape-Nuts in a quarter cup of hot
water and when the food was soft she
added as much milk as water and gave
that to the baby.
"In a month and a half you would
hardly have known that baby, it was so
fat and thrived so fast. A neighbor
asked my aunt what made the baby so
healthy and fat when only six weeks
before It was so thin. She said "Grape
Nuts.' The neighbor got Grape-Nuts
for her baby and It was soon as fat as
my aunt's ohild."
"There's a Reason."
Name given by Posturn Co., Battle
Creek, Mich. Read "The Road to Well
ville," in pkgs.
Ever read the above letter? A new
open Appears from time to time. They
are stenufjie, true, -and full of numan
Interest.
McAllen
Dress Goods
1 Regular values up to $3.50 yard
choice today .......
2. Regular values up to $1.50 yard
choice
Corner Third and
not to file any further charge against
Marlon R. Biggs, who was tried in con
nection with the Williamson land
fraud case and convicted in the United
States Court. Since then the decision
has been reversed, and this was con
sidered by the Bar Association as clear
ing Biggs of the charges filed against
him.
The report of tb,e executive commit
tee contained a recommendation that
resolutions be adopted relative to the
death of Judge Hailey, who was for
merly president of the association.
This was adopted and Mrs. Hailey will
receive a copy of the resolutions. The
death of Judge Hailey was referred to
in President Montague's report, and he
paid the dead jurist a high tribute.
Among the resolutions offered was one
by Ralph B. Fisher on the attempted
assassination of Francis J. Heney. It is
contrary to the by-laws of the asso
ciation to eulogize a live member of the
profession, but it is believed that this
resolution will he passed today, al
though there may "be some opposition
FOR
W
270
McDonnell
today
Morrison Streets
to Its adoption. The Heney resolution
follows:
Resolution for Heney.
Be it resolved by the Oregon Bar Asso
ciation, That we deplore and deprecate the
violence offered Francis J. Heney on Friday,
November 13, 1908, while at his post of
duty, and do hereby tender to Mrs. Heney
our deep sympathy and to Mr. Heney our
sincere wishes for a speedy recovery and an
early resumption in person of the cases
which brought him Into the danger from
which he has suffered.
Further be it resolved. That we admonish
all lawyers In this state and elsewhere
against the practices or Indulgences which
conduce to such tragedies, and we commend
the citizens of San Francisco for their de
termined stand for law and order and we
bespeak for them an early riddance of the
boodlers and grafters who have Infested
that city.
Another resolution passed by the as
sociation was in relation to the adoption
of more stringent rules for admission
to the bar. and recommended to the Su
(rawiord Shoes
MEN WHO EXACT HONEST VALUES
CRAWFORD SHOES will
calcium of strictest investigation; their
strongest advocates are, the men who
have tried them longest. Sold under
absolute guarantees of satisfaction,
"CRAWFORDS" are cheerfully
made good whenever they go wrong.
Come in and try on sonie of the new
Fall styles; you cannot match them
anywhere else m town at any price.
Today we illustrate a very popu
lar button boot, made in patent colt
skin, with dull leather top. It is made
on
the fashionable
has a stout single sole
mental heel. A good
business service.
FOR MENW WOMEN
WASHINGTON STREET.
J.
preme Court that that body appoint
seven members of the bar of the Su
preme Court to constitute a board of
law examiners whose duty it shall be
to examine applicants for admission to
practice law in this state touching their
qualifications in learning and ability in
the law, under such rules and regula
tions as they may prescribe therefor.
A resolution was offered by "J. N. Teal
Indorsing the bill introduced into tl'e
Senate of the United States increasing
the salary of United States Circuit
Judges to 110,000 a year, and that of
District Judfres to (!)0ikO.
FOOTBALLTICKETS.
Reserved seats for the annual game be
tween Multnomah and University of Ore
gon, on Thanksgiving day, can be secured
at Powers & Estes drugstore. Sixth and
Alder sts. Sale commences Thursday at
10 A. M.
stand the
I'M
"Aiax - shape,
and natty regi
model for
! ; : '