INGLE
OVER RACING BILL
Pyrotechnics at Olympia
Anti-Racetrack Bill Is
Brought to Fore.
as
MAY CLOSE THE MEADOWS
Wordy War Results When Bill Is
Taken From Committee and
Made an Emergency Mea
sure by Senate.
OLTMPIA. Wash.. Feb. 2. (Special.)
The Senate today, by a vote of 25 to 15,
ordered the Judiciary committee to lift
Its I!d off Ole Hanson's anti-racetrack
(rambling bill and send it back to the
Senate tomorrow morning. M'lth the ap
pearance of the bill in the Senate the
final flfrht on the measure is promised.
nd while at this time there seems to be
little doubt as to the passage of the bill,
strong; objection is expected from some
of the Senators to the enactment of the
emergency clause putting tho law into
effect as soon as signed by the Governor.
Although the bill was originally sent
to the Judiciary committee after a. dis
tinct announcement had been mud's by
Chairman Graves that it would be held
subservient to the forthcoming criminal
code, which embraces similar provisions,
sentiment In the Senate for an anti
racetrack gambling law that will prevent
the opening of the track at The Mead
ows, near Seattle, this Spring, has been
growing. Today's discussion revolved
around the necessity for such legislation
carrying an emergency; Graves reiterat
ing his declaration of a few days ago
that to enact a new criminal statute with
an emergency clause is an "outrage,"
and unprecedented.
Fight on Resolution.
The resolution to withdraw the bill
from the committee was not adopted in
peace and harmony. Graves' assertion
that if the resolution carried he would
favor reporting back all criminal bills
that are now being held up on account
of the preparation of the complete code,
caused both Cotterill and Paulhamus to
retort that such threats were childish,
the former characterizing them as simi
lar to the childish threat to take one's
doll-rags and go home.
Among those who voted to send the
bill to the committee criglnally was Ste
venson, of Columbia, who explained a
change of attitude by quoting Graves to
the effect that the Judiciary committee
approved the entire bill, with the excep
tion of the emergency clause. Stevenson
insisted that the Senate should decide
Itself whether the, law should take ef
fect Immediately or not until June 11.
the latter course giving the Seattle race
track an opportunity to run for a partial
season.
Graves led the discussion against the
resolution. He promised that the crim
inal code would be ready for submission
to the Senate by next Monday, and said
that if the end of the session drew dan
gerously near without the adoption of
the code, he would then vote for the
Hanson bill. He appealed for "or.terly
and coherent" action on matters of ieg
lxlatlnn and Insisted that the resolution
was an "outrage and an insult."
Ruth Explains Stand.
In the latter he was supported by
Buth. president of the Senate, who In
voting "no" on the resolution said he
expected to vote for the bill, but op
posed the resolution because he did not
wish to insult the Senator from Spokane.
Ruth made his explanation from the
President's stand and aroused the Ire of
both Paulhamus and Stevenson. Paul
hamus demanded that If the President
wanted to "scorch" his colleagues he
should relinquish the gavel to some other
member and come down on the floor to
do it.
Stevenson characterised Ruth's ex
planation as drawing a tine line In avoid
ing an insult to one member of the Sen
ate at the expense of Insulting 25 others.
.Stevenson's remarks caused an uproar
of applause In the galleries, which only
subsided when Ruth threatened to have
them cleared.
The bill passed the House without a
dissenting vote, and It is likely to do
the same in the Senate, but with a split
up when the second roll is called on the
emergency clause. To pass the latter a
two-thirds vote is required, or 28 In all.
The vote on today's resolution indicates
that 25 are insisting on the emergency,
and friends of tlie'blll say that when it
comes to the point of going directly on
record, enough others will fall in line
to put the act into effect immediately.
Contractors Must Lose.
OLTMPIA. Wash.. Feb. 2. (Special.)
In an opinion to the Prosecuting At
torney of Pacific County, the attorney
General has decided suit cannot be
brought against the former Commis
. sioners of that county to recover for an
overpayment on a state road contract.
The Commissioners in 1904 let a con
tract for road work and provided for
pavment per yard of earth on certifi
cate of the County Engineer. It now
appears that the engineer certified less
earth waa moved than was paid for,
but under the law the board is not lia
ble for mistakes made by the engineer.
Monhundro for Examiner.
OLYMPIA. Wash.. Feb. 2. (Special.)
, Acting Governor Hay today signed
the commission of J. L. Monhundro as
Ftate Bank Examiner, to succeed Abra
ham W. Engle. Both are of Seattle.
It is stated at the Governor's office that
this appointment was made by Gover
nor Cosgrove before he left the state,'
and that Hays sole connection with it
Is to sign the commission at Cosgrove's
request.
reoreseiitatlon. The last sentence in tne
argument printed in the pamphlet dis
tributed to voters, says:
Voters Were Jllsled.
This amendment is not Intended to
provide a system, but if it is approved,
the voters of the state can then enact
laws for any plans that will get the fair
est results in Oregon. "
There are many plans of proportional
representation but Mr. U'Ren admits
now that the Legislature is precluded
from adopting any plan which permits a
voter to mark his ballot for more than
one person under the title for each office.
That this is true is also asserted in the
explanatory portion of Senator Selling's
proportional representation bill, S. B. 97,
wherein it is said, on page 11: "It is
very desirable that a law for proportional
representation should be made at this
session, because the constitutional amend
ment, adopted last June, is now effective
and hereafter no elector can vote for
more than one candidate for Representa
tive or Senator in the Legislative As
sembly. In eyery district of two or more
Representatives, the minorities are sure
of one; In any district of three or more
members, the smaller parties are Bure of
one; they may easily get more, and are
certain to get more than their share if
no law is passed at this session."
Hands of Legislature Tied.
It thus appears that what was repre
sented to be an amendment merely per
mitting the Legislature to enact a pro
portional representation law in effect
makes such enactment necessary unless
the minority parties are to be given an
unjust share at representation.
The only alternative seems to be the
enactment of the Grange hill, dividing
the state into 60 Representative and 30
Senatorial districts, with one member
from each district. Under such a divi
sion of the state, each voter would mark
for only one person under the title for
each office and the amendment would
thus be complied with without enacting
a proportional representation law. If the
Legislature undortakes to enact a pro
portional representation law. it will find
that It is not free, as represented, to
enact any plan It may deem best.
JOKER IN PEOPLE'S BILL
(Ccn eluded from First Page.)
Those principles may be applied by law to
nominations by political parties and or
ganisations. There are now elected in Multnomah
County 12 representatives. Under pres
ent laws, under the title for the office
of Representative, the instruction Is
given on the ballot. "Vote for 12." Under
this new amendment, though there are 12
places to be filled, a voter will be per
mitted to vote for only one person wil
der the title for that office,
When Mr. U'Ren. author of the pro
portional representation amendment, was
In Salem a few days ago, his attention
was called to this sentence in the amend
ment and he replied that under Its pro
visions a voter could mark his ballot for
but one candidate for Representative
when there are 12 to be elected In a dis
trict. He also admitted that the argu
ment of the People's Power League was
misleading to the extent that it repre
sented that the Legislature would be
free to adopt any plan of proportional
RAISES FRJUIO CRY MID
MACBETH REXEWS ATTACK OX
IDAHO CAPITOL.
Says Legislature of 1905 Was Bun-coed-Other
Measures Were
Brought XTp.
BOISE. Idaho, Feb. 2. (Special.) Sen
ator Macbeth this morning submitted his
charges against the Capitol Building
Commission. The main issue made by
Macbeth is that deceit was practiced at
the time the Legislature in 1906 was in
duced to fix the state capitol at Boise,
and make an appropriation for the new
building. Macbeth says that the 'Legis
lature was Induced to take such action
on representations that the building
would not cost to exceed tfiOO.000, which
amount could be obtained from the sale
of lands in the public buildings grant.
Ho points out that I300.0U) has already
been expended; that HOO.000 more is asked
to complete the central portion, not in
cluding the coFt of the dome, and that it
Is estimated that fully tl.O0O,OOO more will
be required to build the two wings. He
quoted Governor Brady's message, which
states that the resources of the state
through the land grants have been ex
hausted. Immediately prior to the reading of
Macbeth' s charges Senator Hart had read
a letter from the members of the Capitol
Building Commission, suggesting that
Macbeth be given both time and clerical
assistance in making an Investigation and
formulating charges, but demanding that
a rigid investigation of the administra
tion of the commission Do maae Dy tne
Legislature.
The bill to do away with the party
emblem on the ballot came to a vote in
the Senate, resulting in a tie. Lieutenant-Governor
Sweetser asked for time in
which to Investigate the merits of the
measure. He was granted 24 hours.
There was considerable discussion in
the House over the bill compelling Coun
ty Assessors to have published the names
of those assessed, character and location
of property, and values placed on the
same, and mail a copy of the publication
to each taxpayer in the country, prior to
the time when taxes are payable. The
bill was passed.
In the Senate this afternoon tne Dili
providing for municipal control of public
utilities was referred back to tne ju
diciary committee, after lengthy disens
sion. The managers of various local pub
lic utilities corporations, on invitation,
addressed the Senate in opposition to the
measure. Announcement was finally
made that the bill recommended by Gov
ernor Brady in his message and provid
ing for a public utilities commission was
expected to be introduced within a day
or so.
EDFflRD TO PUSH ROM
DELEGATION' AT SALEM AVlLL
WORK HARD.
Med ford-Crater Lake Highway to Be
Boosted by Over 50 Leading
Business Men.
MEDFORO, Or., Feb. 2. (Special.) A
delegation of 50 of the leading business
men of the city, accompanied by several
newspaper men. left Medford on the
Southern Pacific shortly after 7 o'clock
tonight for Salem, in order to push the
matter of the proposed appropriation of
Jl'jO.ynO for the building of the road from
Medford to Crater Lake.
At a largely attended meeting of the
Medford Commercial Club, held last
night, it was decided to call upon the
members to volunteer, and most of those
present agreed to do so. The club also
decided to send three special representa
tives in addition. The City Council at a
special meeting held this afternoon de
cided to send three, men to represent the
city. In addition to the delegation from
tliis city, there are several representa
tives from Ashland, Grants Pass and
Central Point, who are pushing the pro
ject. It is realized as a fact that the
Crater Lake road is not altogether a
Medford and Crater Lake project, but
will prove to be a boon to all of South
ern Oregon.
CAL1F0RN1AN IS SUICIDE
Man Believed to Be Horace K. But
ler Dead In Sew York.
NEW YORK, Feb. 2. A man regis
tered as Horace H. Bird, and believed
to be a Californlan, was found shot
in the temple in his room in the Hotel
Roland here today and died shortly
afterward.
Clasped in his hand was a revolver
with one chamber empty. His hat con
tained the name of a San Francisco
maker, and an examination of his ef
fects indicated that his name was
Horace K. Butler. Addresses on let
ters in his possession, showed that he
had relatives In San Jose, Call .
INITIATIVE LAW
UPHELD BY COURT
State Supreme Bench Decides
Telephone Company Must
Pay Tax on Earnings.
APPEAL TO FEDERAL COURT
Judge Bean Holds Initiated Law Is
Xot Subject to Governor's Veto,
and Declares 5Ieasure
Constitutional.
SALEM. Or.. Feb. 2. In an opinion writ
ten by Justice Bean, the Supreme Court
today affirmed the decree of Judge Cle
land. of the Circuit Court for Multnomah
County, in the State, respondent, against
the Pacific States Telephone & Telegraph
Company, in which the constitutionality
of the initiative and referendum amend
ment, adopted by the Legislature In 1903,
and by the people In 1906, is upheld, and
the company is required to pay the an
nual license of 2 per cent upon its gross
receipts and to make annual statements
to the State Treasurer. The case will
probably be appealed to the United States
Supreme Court.
In passing upon the points involved In
the case. Justice Bean holds, as held in
the case, of the State vs. Kline, that the
measures adopted by the people upon the
Initiative are not subject to the veto
power of the Governor; that the annual
license fee required by the act of. 1903 to
be paid by corporations is a business or
excise tax on the right to be or exercise
the powers of a corporation, and is in
no sense a tax upon property nor a tax
on the business or franchise which the
corporation when organized may exer
cise. "The right to be a corporation, or to
do business as such, rests entirely with
in the discretion of the state, and it may,
therefore, require it to pay a specified
sum each year or at stated intervals for
the privilege. The payment of such a
fee or tax, however, does not exempt the
corporation from other forms of taxation.
It may also be required to pay a tax on
its tangible or intangible property or
franchise, the latter to be in proportion
to its Income or measured in any other
way the lawmaking power may adopt.
"Among the elements of corporate tax
able values are the franchise, capital
stock in the hands of the corporation;
the tangible corporate property and the
shares of stock in the hands of indi
viduals. All authorities agree that a tax
upon the franchise, whether based on in
come or measured in some other manner,
and a tax on the tangible corporate prop
erty, is not double taxation."
FRIENDS OF BEER HEARD
HOPGROWERS WOULD AMEND
JLOCAIi OPTION LAW.
Propose to Let Precincts Vote on
Question of Selling Beer in
Dry Counties.
STATE CAPITOL, Salem, Or., Feb. J.
(Special.) Ministers and hopgrowers to
night appeared before the House com
mittee on revision of laws and discussed
the bill proposed by the hopgTowers and
dealers of Marlon County exempting beer
front the local option law.
The bill provides that a special elec
tion shall be held when the people of
a preclnot shall decide whether or not
the sale of beer shall be allowed in their
precinct. The measure probably will be
recommended favorably by tha commit
tee. F. W. Durbln, H. B. Thleteen, E. Hofer.
C. P. Bishop, F. P. Baumgartner and'
Conrad Krebs told of the importance of
the hop industry to this state and urged
the enactment of the bill that the peo
ple might decide for themselves the
question whether of not beer mlht be
sold in the precinct In which they lived.
Mr. Krnbs said that during the last ten
years this industry hadl brought into the
state 0.000,000, but that since 1906 and
the enforcement of the local option law
8000 acres had been plowed up. The
harvesting of the crop alone, he said,
furnished employment annually to 100,
Oi.iO persons.
Rev. W. H. Sellcrk. of Salem, and Rev.
A. F. Lacy, of Lebanon, represented the
temperance Interests 'and infiisted that
the Legislature should keep Its' hands off
a bill that was enacted by the people,
who had twice defeated by Increased ma
jorities attempts to modify its provisions.
The speakers insisted that the proper
course for the hopgrowers to follow was
to go directly before the people with
their bill and not compel the Legislature
to take the initiative.
SMELTER FOR GOLD CREEK
Favorable Progress Reported by
Mine Directors at Albany.
ALBANY, Or.. Feb. 2. (Special.) A
smelter for the Gold Creek mining dis
trict this liummer is assured -by the ac
tion of the board of directors of the
Black Eagle Mining & Milling Company
todav. Following the meeting of the
stockholders of the company at Gates,
yesterday, in which the smelter project
was indorsed, the directors took official
action authorizing construction.
About 35 stockholders of the company
attended the "meeting at Gates and elect
ed the following directors. R. F. Shier,
present president and manager of the
company; S. C. Sorenson, of Gates, one
of the original locators of the mine; Wil
liam H. Looney, of Albany; E. W. Angel,
Jr., who recently came here from Michi
gan 'where he was interested in mines,
and invested In the Gold Creek district,
and J. H. McConnell. of'Shedds. The di
rectors re-elected Shier president and
manager and elected McConnel vice-president;
Angel, secretary, and Sorenson
treasurer.
APPLE CROP NETS $275,000
Hood River Growers Report Pros
perous Year Just Completed.
HOOD RIVER. Or., Feb. 2. (Special.)
From H. M. Huxley, manager of the
Hood River Apple-Growers' Union it was
learned today that the total shipment
of apples by the union for the season
will be about 225 cars. While several
thousand boxes of apples are still in stor
age here they are all sold and will be sent
to their purchasers when ordered. The
number of cars of strictly fancy apples
shipped by the union this season is 200,
Don t Drink
DISEASE!
All over the land are those who can
not be sure of the purity of the water
they drink. .
The "Woodlark" Water StiU
Price $8.00.
Placed on the kitchen stove trill give
an abundance of pure distilled aer
ated water at less than two cents a
gallon.
We'll send one, charges prepaid, to
any 'railroad station in the North
west. Wcodard, Clarke & Co.
' Portland, Oregon.'
the other 25 cars tieing fruit that is placed
on the market as choice. The total
amount of money received for the apple
crop handled by the union is about $275,-
000.
WOULD UNITE COLONIES
Convention Hopes to Join Four Brit
ish Protectorates In Africa.
CAPE TOWN, Feb. 2. Progress Is
being made in the work of closer union
convention which has as Its object a
union of the four British colonies In
South Africa, the Transvaal, Cape Col
ony, Natal and the Orange Free State,
the whole to form a great federation.
It is agreed that the federal parlia
ment will meet at Cape Town, while
Pretoria will be come the administra
tive capital.
Second Horseman Trial On.
PENDLETON, Or., Feb. 2. (Special.)
With eleven Jurors secured, the second
day of the second Horseman murder
trial was brought to a close this even
ing. The second special venire was ex
hausted late this afternoon and a third
will be on hand in the morning. Horse
man, was convicted of manslaughter for
killing Clarence McBroom two years
ago, was sentenced to 10 years in the
penitentiary, appealed and wa granted
a new trial.
Bargains In bags. Harris Trunk Co.
-v
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air Tonic
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Owl Out-Rate Drag Dept
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JAMES J. HILL
He has shown his confidence in Portland by build
ing the North Bank Road In a recent interview
in New York Mr, Hill stated that he expected
unprecedented immigration to the Northwest
in 1909.
Place
Your Coiif 1
deuce In Portland!
And enjoy your share of the great prosperity that will
this country in the next few years Secure a lot in
Fairport, the heart of the Peninsula, for
the Peninsula is where the pros
perity will be felt the
first and most.
visit
g Houses Will
Lots $250 $10 Down-$10 a Monfli
These prices will positively advance lO per
cent on Feb. 15 Buy now before the prices go
up Most of the world's richest men have made
their fortunes in real estate Build your future
on a solid foundation Take lesson from these
men Own real estate.
The Fackioj
Open July 1st
Then watch Fairport values leap ahead, for Fairport lies in the heart of the
Peninsula. It is directly next to Kenton, the Swift townsite, where over
$650,000 is being spent today to build homes for the Swift employes, stores,
banks, office buildings, etc. Every improvement for the Swift townsite is
equally an improvement for Fairport, for they adjoin. When the Swift pack
ing plant opens and the Peninsula is thickly populated, then Fairport lots will
be soaring way up high, and you will regret then that you did not buy a lot
here. At present you have the opportunity, but only for a short time, for
there are few lots left and the prices on these will advance 10 per cent on Feb
ruary 15th. So come to our office and let us tell you the conditions on the
Peninsula which warrant us in saying that
You Can Double Your
Money in a Few Months
Call on us we will show you Fairport in our automobiles we make several
trips every day. Write for free booklet on Fairport.
,vllllllllL5I!il
jjp
GENERAL AGENTS
301-302 Corbett Building
Fifth and Morrison Streets
- 4