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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 11, 1911)
THE MORNING OKEGONIAN. WEDNESDAY, JANUARY 11, 1911. 8 GOVERNOR WEST APPEALS FOR BETTER LAWS TATK CAPITOL, Salem, Jan. 10. (Special In Joint session of Senate and House today. Oovernor Vest, newly-elevted chief esn-uttve or Ttton, read Ma mcfe to the Lgis ttur mm follows: unrmn ef t?ie Legislature? t'ader wi t i tut ion It K-rcmc my tiutv ss iKr nor. lal I deem It a hlsh lntr and rwu-. ft tnf r-n yn. w'ir I may. T coo.iirirtp in the scat and Us Iftstttu "m an 1 t make such romnendaiinj r stiarestions concern U s legislation aa 1 cm fit tin v r necessary. p it before Baaaelne; o the dlseuselon of ee mttn tn ti-fat'. Z desire to e m to tha boDlf f .h' great fae. voui'j you, th:r duly e:e-td rprsefte- m aiiemra -ma; ana " - snic for the ttts bvwof whlco tney nae Tif rre4 uon ir I consider that in.s henr " nwn m- iI'im ihe people of rr-n nan ror-ir my ftirart'v a-1 irtr integrity ana tfiat I. aa their tJe-n,.r. wonnj aer r-t that I w at hir ptibii rnt. whoee I ;v do rnr,filnt In T pwer promota tha pubic and advance tha I r a era I pr -eprit r f tNs stat. And I to promise tham no met nronw tarm rr I aril! kD hle f"l erer ff rar saia- aa a au'dtng eta and a stay t time of v.reea ana trial. tVrva refle. Hie Fledga Of tha fopre. 1 Intend by my ererv a"t aarve th people, JuM aa their good v4 Bnrf their orreiMrity my on. would ihetr mtafurtuna bo a rroaa and a wrow la Tna. and 1 rt!r tbem now say ssr and my oatn that, wlih t!-e HiO loiia-htr ool. I IH be a rmiarui "p" m. iki . iha and t wiaT la gtea tM greatsst aronium poeslMe tr p.jMfc official 'tu con a. tnw w l" rfttl Hrvnt." OrfoQ t now w 'l cntarad upon an ara won.l-rf jl procra and d-ralopir nt. raat tn) ua: rU n4 rmnjn:ii n - a brlnttra o-tdad pp'a and cotr i r. ma to bra!n tha Iimtta of our rinca fioM of tmmii-lt n paopl'-n roral r:e?a wtr?i proaproa firmi ani at ill irtnar puahlrc ba-k the frl rr mo jorat?ta of tha tow a. riurww nrtin tha ti clir and ciar iinw rJ on avarv han-l tha bum rf iniuairy tl pr-raa. prapritT an. J ur-a. I motin hao wail-known c'nlKtna la Mr to dubiT IrnproM opon ni.- an of tha t.aia:a:ur. tha arou ract "raj a nra batldira not for tha prant alona n frr th fuiura ma wall. Tha pub'! In ivatirtna t.f tho atata ara la oH rendition at th. wltfc alt d!rttierri of tn t rr man i. ro ro ,n- nn n"wa umi aatmn muat ba ?ln to f jtur nwi 'I a praa-ot ro,uirmenta. jatata Owtanawa Tu ayatrm. Tha power to tax bln aaaanttally lia- I itivo to lia siur U riiowa nai in in 3nca of enar! jtional limltat.nni tn )fr of tba Iclalatara aa to ma'tara oi aa:loD la p'anarv ar-l atiua. r rram--a of our atata vor.atituttn raalisad tha tii to whtrh lh a power rrlrbt b -arr;d i ii. aa a prut-tt n. hdel th l.rsitiiura , v.ii' with aartain ronatltutinna; ;inlta- ona whl.h rjulr.i that l tarnation ahould un.fnrm and ruaL By unir-rmuir tnry asm that alt proper? timllarty attnata I I ouId ba taaa.I at tha aama rata and o a aama cannrr. and by equality may- .rant that tha burdrn of taxatiun rma a ao diatrtbg;d that an-h taxpayar miuht ! in:r.luta tn proportion to hia proariy ana I naithar n-ra or leaa incontnnnr a har of payment than avary other pr ni aipartanced. Thay ware doomed to dl- itwmtmvni. boatvtr. rr miirta pi 4 ab-ut an aual dlatrthutlnn of tha bur- ra off taxation thaa cooatltuOonal pro tont bcam braaatao-ka bahlnd which a public aervtca and other eorpotatlona of a a:a c-ulJ do-la and eacapa bin )l for tha parment of a Jut arare of tna at of rondos unf oar a'ata aovarnmrnt. Tarnation ij undouotaoir rainy auai u fy days In thla at at a. for at that tlma oat of our wealtn ronaiaiea or ianua t'itM- ahirh wara caal.y tlatad an 1 nl-jod. but wltn tha rapid growth and de--Topment of tha country, tba coining f bualneaa with Ita puDiio anrica cr- ra:lona and thair fran-hiaa and lniana- Taiaaa. conditlna hao chanced ana f.r new ntrthods of distributing tha jrdrna of taxation. Method imaai J rarwwtb. -Naw ataalona teach new dutiea. Ttma mak-a ancient ood uncouth." Tha taxpayers of thta atata havo known for ara thit our ran era I property tas waa tncoiith. not fr soma unknown rn hava Tar. uatil within tha lat fw years, taken pa to remodrl H. Tha tirat aood mva aa that made by the LKialaiuro of 10OS Kn t nmvlrf.! for t K tirOltllmfnl Of & ard of romrntaa1.nera for tha purpose) of imlntnr and reoctrtina: on all inaitera os I mnt and taxation. Thla board mad a a oat oxhauativo report t tho (vrrnor ana d and recmmended for paaugo a mrer of bills and eonstltuttona: amend- anta. whreh In their opinion would givg mt p:e a mnre etncient ana eiuiiuo mjw m of taxation. A number of tha Mils proposed by tne ord were passed bv the I-exislatura or but tea eonatltattonal amendments and t'l for creating a btate Tax i ommiasi I itVed to pasa. The Lea'slature. of . of lito. ( and. after -weer. took nn theaa in e a surra aking a few chanea. passed tnenx mt aatttutlonal amendmanta. of coursa, had ta and were submitted to h people at tha lent election They failed to pasa. now- an.t thalr failure to Dwsa waa doe ra'y to the fact that the people were ed beiieva that thlr paaaaga would reeuii i many departures from our present sra m of taxattoo and open np all tha way r all sorts af Urns. The measures In favt ere moat conservative and had th Indorre- .eo: of nearly every tax expert in in l-mniry. and wait opening tn way tor a ioet eoultabl avstem of taxation, on i-h would compel each to contribute a ist share toward th. support of the iv- rnment. they threw apl ronatftutlooal I rotartloa around each and awy claaa cf rooertv. Whi:a the people war voting down tneew :eged radical amendmeata thev voted for nd pAseed the ao-called poll tvx amend- -nt whim wipd out I I existing motuu oral liraltattope and restrictions but re rvad In "A peP the right to VOt ow 1 measures pertaining to taxation. In i abaenc of expreaa constitutional llml 4rt.na th legtaiaHv power In matter of nation la unlimited and ex'nds to every- im: I ackr.ow'.edgea no Unit's ann fnav e rarrtM even to the ex'ent off exhaustion I nd drstrnetton, thus becoming in Ita exer- mm a power to destroy. rwr Lsakl m Ahaaax All limitations and reatrlctlora In oar atata -institution havtag been removed, an far aa e people ar concerned th on'y thing klrh stands In th way of an abu of the ttr to tax is tha integrity and sense of ;stlr off tha people and th restrictions und la tha onsrtotion of th l'nitd area Our Federal constitution provide ist no atata shall make or enfrc a law hi-h shall abridge tba privilege or In lunitiea of tba rltisena of tba t'nited StatSa d that no atata shall drny any person th iual Droteetwm of the laws or permit th takeg of property without dug p roc ass of 4W. Thla near amendment will no doubt prov -n-0--a U. however, becaua It will open the av for any and ail reforms which wvra uned at through th two defeated amend- l .-nta. but It 1 objcrtfronabl in that It pro. that ao tax measure passed by tha eg.siature cat beeoma effective, not even a leritortoua emergency meaaur. until It has l nng on th book for two ysars ana nag approved M tna peopir. xnia pro- ' .slon waa no doubt Inserted for ffrar that abaen of oonstltutionsl restrictions i ojust measure mixht be passed by ti "gis.atar. 1 Ul was unaouriroty a wis rtcauttn. but it unnecessary to go to i remea. Th people woutd have been va ampla protection If :t hsd simply pro :dd that no tax measure paaaed by th egialaiur shouid carr an emergency a use. This wowJd hava given he people . chance to examine all tax measure i eased by tn lcnUiur. Invoka the rr f- i rendum on tha objeoUonable ona, and per- itt the taking effect wtthoit delay of all -.re which wr merliorloua. Mlaaowrl Ttay Ad vocal c J. v'hl)a thla amendment may b open to oi critic tarn It nevertheieas open the way r tax reform, and aa It win permit tha dptioa off any equitable ay stem of tax. too tha people may choo to adopt thr aina a reason on eurth why we should -C without further delay adopt the moat "ogreasUe erst em to be found tn any state i f tho In ion, kaet Legisiaturea hava laid i g roti ad work for a good system, and It eat with you to complete it. The Drat nd meet Important step la to provide for I re separation of the sources of stata and wanl revenue. v. ban thta Is don the stata III raise ita" revenue principally from pub- ervc corporations license fees, inherl sees or such other subjects aa tha Legia- I iture or the people may think could b at e- handled by the Plate Tag Commiaston. ,a syst-m would give r.niii county torn te home rule In the matter of taxation: nd unless ?h source nz stat revenue ; ailed to produce enough to rover the need , if tit stale th count ir would not b Mei upn to contribute anyming towards I i he support of th stata and would ba coa- j corned only In raising sufficient roTanua to cover cou n f y cap nea. Lir ti cou n t y cou ! fix ita valuations to suit liself. or aa Its local nearfe ml:ht require, and without far subjecting Ita citlxena to the payment an unjust portion of a state tax. Tha advantage of the propowd system ara set out by tba Tas 'nmmkrinn of tha 8tat of MlaaoiTl. and ara aa followa Flrat CompUt arpartioa would aooii at ortca i ne -i;rn. irtcti' tempt to aqualixa among different count laa. "nC-n hrn separation is affected will ha poaathl to place each tax in tha brancb of tho ttoTernment. local or stata. whirh Is bet aIaptad to admin later It Third Tha ml taxlns dtatrlrta. tba couatlaa ar.d cities of the state, will then hava practical home rula In mat tars re latmc to taxation. rVurtn Scualtty hi taxation, both star and lotf'ai. can then ba secured by ma kin all taxation effective. .Mate fMskbtf Law Weak Our stais banking law la a fatlura In th It f rota ts tna r rooked banker from th public, but da not prater t tha publii fron the rrooked bankac. Adetjuata protac tion for ih depoatior demands tha follow Ing ameTdraen:a: 1. Amend our constitution ao as to mak stockboldara 1 labia for doobla tha par xalua of thalr etoek. 3. H aq u t ra mora f requant and thoruugh ax am ! n a i ion of banks. J. Further limit tba amount of funds to ba lent to any ona paraon. firm or corpora' lion. 4. Rao u ire hanks doing both a coramer cal and savlnca butirM to conduct tha aama as two diatlnct departmanta. 3. Ke-quira banks to conflna thaenservaa to a banking bus: d. provide that la avant of fatlur of a bank lt affairs bo wound tip by tba Stata Bank Examiner under tha direction of tha courts and not by a race rar appointed by tba courts. Inaurwnrs Laws C'aodcmned. Knowing the Insurance laws of this stata were obsolete and afforded Utile or no pro tectLn to tha public, bur realising th any at;e-npt at complete reviolon without ctreful sturly and tnvaatiaatioa would lead onlr to confusion, lha laat leglelature con tented Itself with taaaing a lw which re moved a few of tha moat apparent ahusei and proTldad for tha eetablishment of i Ienartmant of Insurance which ait to bar aaneral supervision over all com pan lea doing business tn this state, lha wisdom of tnts move is borne out by reoutt talned dur.ng tho paat two years. Tha proMbittr.s of combinations and rata agrc- mtnta between fire rompanlea ana tn opening up of tha fle'.d to competition has resulted In a reduetlon of about t per cent In ratea and means an annua aaving of about $ jOO.wO to tba policyholders of this Tha fnauranra Commissioner fully acts out In his report tha needs of tha stata In tha way of Insuranca legislation and Inaamucn aa ha has no doubt given this Intricate and perplexing question carefjl study and in rrstigatloa hia reeommendatlon should ba given careful consideration. He has pre- t-arad aeveral bills with a view of correct Ing a number of existing abi:ae and throw ing additional safeguards around tha poifey. holdera of this atata. but recomraenoi mat before a complete revision of our lawa is attempted tha Leslslatura authorise tha ap point re ant of a cromlsjilon for tha purposa of Investigating the whole question of In sura new and ore-par In a fr submission to tha next Legislature aa up-to-dara and effective coda of insurance lawa. I am heartily in favor of the appointment of such a com mission for It will bring order out of chaos In matters of Insurance and at little ex pens to the state Thera are public spirited man. 1 am sura, who would will Inslv serve without pay other than their mileage and per diem when attending meet lncs of tha board. Tha M stock fire Insurance companies do Inc bualneaa In thla atata altne wrote In la risks aggravating over 1 177.(Ko.OOO. for which they collected over ii.ooo.ww in Bremluma. Out of tha premiums collected about gfMVOflo ween returned on account of rlska canceled and about IWJ.OOO paid for 1 oases, teavlns; tha companies a balance of about el.4O0.isW). Tha 12 local mutual com panlea tha same year added over 25.y0. (H to tha amount of their rlska. collected over f:tJ7.HW in accounts and paid about ICHt In loaaea. It Is Important, there fore, that tha whole queatlon of Insurance ba si van at an aarty data that careful con sideration which It surely merits. In order that thera may ba placed upon our statute book a an effective and comprehensive In surance law which will cover Insuranca of era-y kind and gUa our policyholders every pusalble protection. Land Office Rcforma Telling, Ourlng tha recent year tha affairs of tha Ptate land Department hava been aomin latered In tha tntereet of tha taxpayers and arhnol children, and U baa ceaaed to ba a breeding ground for acandar and a place of eaay picking for tha members of tha old acnool land ring. An eriectiva tana ibw tn adnnt manv lonr-needed reforms and se cure a fair price for the remnants of that magnificent grant of over a.ooo.ooo acres hirh waa riven to Oregon by tha Federal Government to aid In the support of Its common schools. Tha rarords show that on j anuary 1. lvu3. three-fourt ha of all the lands avhool. college. university. and swamp granted to th stata had been sold and that tho a v eras a prtca received by tha atata waa 1 75 per arev The state baa sine that data sold another one-eighth of tha grant, for which It haa received $'i&OQ.-C-. or an average price of S.1 par acre. Thla laavea about one-eighth of tha original grant remaining unsold, and when sold. If th present policy or tha rtoara continues. It la safe to Say that tho stata will hava realised as much from tha last ona -fourth A t n( vlihal mnd In much nf It ts !nfffinr lmJtd B u dja frm tn ,la of tha ,breo-fouriba. Tfa d artol)lt having adopted up-to- methods, tha recorda ar now so kept that the public ran at any and all times eecur full Information concerning tn transactions of tha offlc or tha lauds of tha stata. In addition to theae reforms It la caaential. however, that every deed lasued br tha atata since Its admission to the Vnloa be carefully examined and checked to ascertain wheiher or not tha landa de scribed therein bar been patented to tha afaie. If it oeveloD that deda hava been Issued for lands to which tha stata haa no title, atepa should be taken to secure pat ent or. unlrea a fgntver has been taken, re pay th purchase price. Th ret-ords on September 1!1A. show the school funds to contain n.so.us. of thla. te.nTO.ftZu. la lent on farm mort pagee; $2-'. 21d Invested In school district bonds: $o.4. .'. 21 due aa deferred payment on salsa of school lands, and f 0i.td0.b7 la cask on hand. Laaus prwba rrebsed. In making Its mortgage loans th Plata TJtnd Hoard has In the past been guided by the Information furnished by Ita local at torneys in each county, and If any of thera baa been careleaa or guided by selfish mo tives In recommending these loans it ts poa sibta that tha state la carrying soma bad pap-, in any event It Is tha business of tha State Land Hoard to look Into tha mat ter carefully and I will recommend to the Hoard that as soon aa the weather and roads win permit tba atat I -and Agent be required to mak a personal Investigation of. and report upon. every outstanding mortgage loan. In order that tha Board may b fully advised aa to tha nature of th security and take steps to protect tha loan where the security Is found inadequate. The state haa made, and thera are pend ing la the general land Office at Washing ton Indemnity school selections covering about avitoo acre or land. The lands have been aold subject to patent and one fifth off tha purchss piic. or about $U0. tMMi. has bevn d-poaited with tha stata pend ing approval of tha ee lections. Th ststa cannot lend thla money nor does the "-.-t" duo on deferred payments draw Interest nntll tha selections ar approved by tha General Land Office. 11 la therefor of th greatest Importance that theaa selections ba approved at an early data. In order that tha school fond may receive the benefit of tha interest earnings, which will amount to about etO.uoo a ysar. I propose, therefore, t-i take up thla matter without delay with our delegation In Consree. with a view to having tha lienerel Land offlo hurry along tha approval of the selections. Mmm printing Waste tireat. flood bt slnesa demands that hereafter each department of state be required to file all requisitions for printed matter with tha Bt.te Printing Expert and It be mad his duty, before placing the order with the Stata iTtnter. to Inquire carefully Into eh require ments of th department filing tha requisi tion. In order that no more than tha amount neceasary to serve its needs be ordered and tha slate b saved unnecessary expense. It la common know.edge that under tha hln youraeif eystam now In vogue need lass quan tities uf printed matter are ordered and used only for XueL A great saving could also be made If the different drrartmnis would boll down their annual reports and eliminate a lot of useless statistical matter. f am sure this can I done wiih-Hit depriving the ruhHc of an neciul Information. A dvllax saved U a 1 NEW CHIEF EXECUTIVE OF ON FIRST OSWALD dollar rmrnnl. and there It ab.olutely no rraaon why th. state thouM throw It. money away fur umImi printing. At rou are no douM aware, tne printing plant now being operatod In tha Ktate Capl tol bullillnir U the private property of the Slate printer, who. harlnic never been plared upon a flat aalary. la worklDff under the old fee vMm. In IRO.1 th. State of Kanaaa placed ner Stat. Printer upon a flat snlary. and the rec ord .how that a aaving of over 40 per cent ba. been made by the atat. through tna change. I hope tn Me a bill Introduced and paa at thla ekn which will authorise the pur chase of a state printing plant and provide fir placing the statn Printer on a flat sal ary. This reform Is long overdue and should b. adopted without further delay. . Purchasing Board Wanted. Th. supplies for all nf our state Institu tions should b. purchased by. or under direc tion of. one board, and thla can be 'done without the rrentlcin of additional boards or commissions and with but little added ex pense to th. state. This purchasing board should consist of th. Governor. Secretary of atate. and Ftate Treasurer, and It should be given authority to employ a chief clerk. ho should b. a man well lilted for tn. im portant position h. would b. called upon to fill. It snould he mad. his duty to visit each state institution at regular Intervals, and after learning Its needs, assist Its offi cials In preiarlng an estimate for a certain ensuing period. From these several esti mates ha should prepare for ;n. use of the board a statement showing the total needs of all Institutions. Bids should then be ad vertised for and tha supplies purchased from the lowest bidders. NUMEROUS CHANGES ADVOCATED BY EXECUTIVE OF STATE IN HIS FIRST MESSAGE TO LEGISLATURE. Pftlient feature of the message of Governor Went to the Legislature are: Divorcing of mate and county taxation la advocated. Oregon having outgrown the method adopted years ago. Preston! state banking lawa are scored for protecting crooked bankers from the public but neglecting to aafeguard the public from unscrupulous bankers. It la recommended that the state constitution be amended to make stockholders llable-for double the par value of their stock: require more frequent examination of bunk. limit the amount to ba lent to one person, firm or corporation; require banks doing commercial and savings business to conduct each branch aa a different department; compel banks to -confine themselves to banking business nd to provide. In event of failure of banks, that the business be wound up by the State Bank Examiner under the direction of the courts and not by a receiver. Appointment of an Insurance Commission la recommended that the Legislature may be advised aa to the test Insurance laws to be passed, insurance being: too Intricate a subject for only casual investigation before adopting law. - To avoid waste of Immense sums by use leas printing. It is recommended that tho state purchase its own printing plant and place the State Printer on a flat aalary inn tend of under tho fee system. Establishment of a purchasing board to buy all supplies for atate institutions Is advocated. It is recom mended that thla board be compos.d of the Governor, Secretary of State and the State Treasurer. Attention is drawn to the state's dire need of a system under wnlch all state and county accounts may be audited regularly. Tnder the present lax plan state and county accounts go from year to year without auditing and books when inspected are examined "by committees loaded with incompetents who draw fat sums and give nothing In return." State penitentiary management is extolled. Road-bulldlng by convicts f urged that their labor may not be In competition with free labor. Extension of parole system is urged and abolishment of capital punishment Is recommended, murderers frequently foreseeing disinclination of Juries to favor hanging before crimes are com mitted. In I a condemnation of capital punishment Governor West recommends tlsat pardons be denied crimi nals sentenced to life Imprisonment for crimes punishable by hanging. legislature Is asked to pasa law to save Oregon from becoming the dumping ground for the Insane of other states. The State Hospital for the Insane at Salem houses many non-reeklent patients and the legis lature Is appealed to to correct this condition which la growing steadily. It ts recommenced that the name of the State Reform School be changed to eliminate the word "reform," which puts a stigma on youths paroled from the irstitution. Now, declares the Governor, sentence to the Reform School marks the punianed persons aa semi-criminals. Co-opt.ation of the state with the City of SaJem is asked In the construction of a municipal water plant that state Institutions may be assured an abundant water supply. State control of water powers and co-ordinate control with Government of other natural resources Is fa vored. Conservation is defined, not aa withdrawal of resources, but utilization of them to avoid waste, ex travagance and monopoly. The Governor would conserve resources of the state that Oregonlana of this genera tion may receive benefit from them. Better laws for the protection of Oregon foreats are urged, the state's need in this regard being great. The recommendations of tha Oregon Conservation Commission in this respect are approved. It is recommended that a trained forester, thorough in his knowledge of Western forests, be appointed to superintend thla work with the aid of assistants; that a liberal appropriation be allowed for a forest flro patrol; the state to exert its po lice authority in guarding against Are and that a system of general education as to forests be adopted to save the state from devastation by forest fires. legislature Is urged to pass a law which will enable the state to obtain title to swamplands without delay. Appropriation Is attked that Oregon may co-operate with the United States Geological Survey in completing a survey of the state. This, says the Governor, will prevent embarkation of Irrigation enterprises at places where there Is no water and will gave the good name of the state, incomplete surveys making it possible for swindlers to undertake projects and affording Investors no protection. Washington and California have co-operated with the Government surveyorg with good results. ' It Is recommended that a law be enacted making it illegal to kill Chinese pheasants for a period of at , least three years. Fourteen-hout law for railroad employes should be so amended as to be effective In assuring prompt con nections. Consideration of worklngmen's Insurance Is urged. Swindling employment agencies should be wiped out and mineworkers should be protected from bogus or ir responsible mining concerns. All goods manufactured by convict labor should labeled to protect free labor. a Careful consideration of all good roads bills to be submitted by the Oregon Good Roads -Association is asked. . To hasten the time when open-river transportation is ushered In at Oregon City It is recommended that a law be enacted empowering the state to pay $300,000 to the Federal Government to effect the needed change. Thorough revision of the Judicial system should be made and f Is recommended that a commission be ap- . pointed to serve two years after which to submit bills It deems best to the Legislature. Governor West announces his belief in economy of government, not in economy of education, and the Leg islature Is asked to show no disposition to refuse aid to any of the schools' or colleges of the state. Uwi to check unwarranted issue of watered stock are among the state's needs. Oregon should exploit its resources by issuing pamphlets setting" forth all information sought by prospec tive settlers. ' t To stamp out ihe white slave traffic the Legislature Is asked to co-operate with the Federal Government in Its cnissde against tnat prartlce. Claims of Indian War veterans should be given carefu. consideration as many of the warriors In appealing to the legislature for aid now are offering their last prayer. Governor West expresses the hope that the legislators will go on record aa favoring the Income tax law. Promise is made by the Governor that he will guard aealously the Iaw made by the people. legislature Is urged to make the record of pas-ing a few good lawa rather than adopting many poor statutes. t OREGON AS HE APPEARED IN HIS OFFICE IN STATE CAPITOL DAY AFTER ASSUMING OFFICIAL DUTIES. I' . ' . V ivs , (f K ;1 S ;? ! - 7, WEST, INAUGURATED GOVERNOR TESTER DAT. This arrangement would not only pror. an economical one. but would ruduce the purchasing of supplies to some system. I can see but few obstacles which, under our present law. stand In the way of this re form, but would ask that the Legislature give the matter careful consideration In or der that all may be removed. Auditing of Accounts Lax. Oregon needs, and tha interest of economy demands, soma adequate and effective sys tem of auditing the accounts of the state. The Legislature of 11HIU placed Its stamp of disapproval on the useless practice of ap pointing so-called expert committees to audit the books and accounts of the several state officials by refusing to appoint such com mittees. It Is common knowledge that most of theaa committees In the past have been loaded with Incompetents who have drawn fat sums from tha stata and. have given nothing In return. The Legislature with a view to forever putting an end t this evil appointed a committee to prepare a bill which would provide for some permanent svst.ra of auditing the bonks and accounts of the several stat. officials. I am not ad vised as to what action was taken by this committee, but know that no sucn measure has ever become a law. Th. result Is that the books and accounts of nearly all state officials go from one year's end to another without being experted. The Secretary of State Is required to audit all bills and accounts paid by the state, and. since he Is the stata'a purchasing agent and acts as a member of nearly every state board, he Is called upon to perform tha double role of not only expending vast sums of state money, but of approving and audit ing his own bills and accounts. This system Is unfair to the Secretary of State, and It Is iK;. . : -j : ..v; ,.' ?: ';';.,x - vT''.:: .: : ,:v : . : - ? - . ' ' ' ' " "i e;-.;; ' s f ' t ' :f':-'S-".:::'.::v-; unfair to the taxDavera of th. state. Gooc business demands that steps be taken to provide some regular and effective sys-.em of auditing the .books and accounts of each and every stats official who has the handling of state funds. It is. also, an undeniable fact that the system of keeping the public records throughout the state is chaotic. Bach county has Its own peculiar plan, and m most in stances each Plan Is different from every other. This lack of system causes confusion In the frnnKactlnn of Tubllc business and spells loss and wast, for the taxpayers of the state. I would earnestly recommenu. therefore, that the Legislature give Ita seri ous consideration to the evolution and adop tion of some uniform system of keeping the public books and records, both state and county, for so to do would result in tne sav Ing of large sums of the people's money now being lost througn tne use 01 nivera uiu ods of transacting the public record busi ness of the state. Convict-Made Roads Favored. The Oregon Penitentiary is one of the best- m.nafferi nnrt most humanely conducted pe nal Institutions to be found In the United States. This fact Is admitted by every am rient of prison reform who has visited the state. The superintendent, believing that the reformation of a convict can he better accomplished by treating him as a human being and with such kindness as his con duct will merit, has tried, aa far as good prison discipline will permit, to furnish the convicts on certain days with wholesome en tertainment for the mind and exercise for the body. In order that the monotony of nrlson life mlcht be broken and the exist ence of the- men made more cheerful. Th. superintendent has been assisted In this work by a number of volunteer prison workers who deserve great prals for their untiring efforts to make the lives of the convicts more pleasant and ultimately bring about their more certain reformation. There are approximately 3 prisoners now confined In the State Penitentiary. Many of these prisoners are employed as helpers around the institution, others In the state s brickyard, while a large number of them are employed In the stove foundry In accordance with a ten-year contract made by the November 20. ia07. with the Lowenberg & Going Company. The state receives 4o cents per ten-hour day for their labor, and the contract calls for the employment of not less than 150 men and as many more as the company requires, providing they can be cpared without depriving the state of nec essary help around the Institution Objection has been made to the employ ment of convicts in competition with free labor, and ther is merit in the objection But common decency and the conf; which we should have for tha unfortunate make it imperative that the convicts be given employment of some kind. Lntll some unobjectionable system of employment is de vised it would be most Inhuman to condemn theae men to idleness and to thus deprive them of the God-given blessing of useful oc cupation. It should be the arm of the state, therefore, to provide them as soon as prac ....ku h .mnlAvtnent which will remove -them as far as possible from competition with free labor. The Dest solution, it eri to me. Is their employment in the construc tion of roads. I am advised that the good roads measures which are to be Introduced at this seasion of the Legislature will call for the use of convict labor, and, if so, I hope the people will give the experiment a fair atrial, for If it proves a success It will not only insure good roads for, but a great saving to. the state, and will provide health ful outdoor work for the prisoners and go a long way toward putting an end to compe tition between free and prison labor. More Parolee Urged. Since the passage of the Indeterminate sentence law of 1905 the paroling of pris oners at tha expiration of their minimum sentence has. as the law intended, become usual, especially when some one stands ready to furnish the prisoner with employment and answer for his conauct. ino prui system has been adopted by the United States Government and 17 states oi mi iTnimt ftmi haa tha Indorsement of prac tically every student of prison reform. Our courts, however, ao not appear w ivw uiu loi mm much consideration as it merits, foi the records show that out of 1041 convicts committed to the penitentiary since tne paa ajiirp of the law. only 118. or 12 per cent, were given indeterminate sentences. Some of those who were given tne lnaewraiwiBw sentence were repeaters, while many of those who were denied the benefits of this most humane law, and sentenced for a definite time, were young men and boys who had never before committed a crime. As many of those serving definite terms have good prison records and by their conduct have shown every indication ot a cesiro io better lives and become law-abiding citizens, it is hoped that the Legislature will s-e fit to enlarge tha scope of the parole law and make its provisions apply not only to those who may be convicted In the future, but to those who are now serving time. The inequality and lack of even Justice which exists in our By stem, haa been re moved to some extent through the initiation by Governor Chamberlain of the practice of granting conditional commutations or par dons; but the state should, through the ex pansion of the parole law, adopt a uniform policy which would make such action by the executive unnecessary and would also remove every possible excuse for the abuse of the pardoning power. The extension at the pa role system would be found extremely ad vantageous should the state decide to use convict labor in the construction oi roaas. v Gallows Is Condemned. Caoltal minlshment should be abolished, In my opinion, in this state. The system of paying for a life with a lire is, m my De lief, merely a relic of that ancient and bar barous doctrine of an eye for aa eye and a tooth foi a tooth. It Is a fact, undisputed by the judicial history of this or any other state, that the average Jury shies at a verdict involving the sacrifice of human life. Murder, from tha very nature of the crime, must be proved, to a greater or less degree, by cir cumstantial evidence, and the average man, sitting as a juror, hesitates before casting his vote to deprive a fellow-being, no mat ter how degraded bis condition, of his life. The result of this Is the hung Jury, tha failure to convict, and oftentimes the cheat ing of justice, all of which means lessened safety to society In general and an '-increased drain upon the purses or the taxpayers or the state. The report of the superintendent of the penitentiary records 18 cases of capital pun lshment in the last seven and one-halx years. the greatest number ever executed In this state during a similar period, 'mis, in my opinion, bears out the argument that the desperate criminal, relying on the reluctance of the average Juror and the caution of the court. In the Imposition of the capital sen tence. Is more witling to take a gambler's chance with death for the furtherance of his criminal object, than he would be to face tha greater certainty of a life spent behind the bars. Believing as I do, I therefore recommend to you, gentlemen, that you take steps to do away with capital punishment in this state. But in this connection I desire to urge that special and particular attention be paid to the restriction or the pardoning power for such cases. I hold that a sentence to life Imprisonment for murder Bhould mean what it says, unless post-trial evidence should bring to light some glaring Injustice or very potent reason for change, and I contend that the substitution of life imprisonment for capital punishment should carry with it such safeguards as wotfld Insure in all cases that full justice be satisfied. Men sentenced to the penitentiary are. un der the present system, delivered at the prison gates by the Sheriff of the county which conviction was had. This is a waste ful, extravagant and unscientific method and should ba discontinued in the interest of economy and for tne benefit of the tax payers of the state. I suggest, therefore, that provision be made for the transporta tion of convicts from their place of convic tion to the penitentiary by prison guards. This system has been found to be most sat isfactory in the transportation of the Insane. and after several years of trial by the asylum management bus been found to be mora economical and more desirable In many ways mau iqb oia metnoa. on-Resldent Insane Numerous. The Oregon State Hospital for the Insane Is the largest institution that the state haa under Its control. Its many and peculiar neeos maxe its administration the most dif ficult and the most perplexing of any of the state Institutions. Because of this, I call your attention especially to the report of tha superintendent of the Institution. which report is now upon your desks, and bespeag ror it your careful consideration. And in this connection I desire to call your attention to one or two points that hava come to my mind. There are now confined In the Oreiron Asylum a large number of nonresident In sane, This Is true, of course. In every state, but the fact remains that other states hava enacted laws providing for the deportation of this class of patients. While It would perhaps be best for each state to care for all insane persons round within Its borders, yet, it seems to me, under the circumstances. that Oregon must either make provision for returning tho nonresident Insane to their home state or become the dumping-ground of other states for this unfortunate but nev ertheless undesirable class. Superintendent Stelner, speaking of the Institution and Its needs, says: 'We cannot lose sight of the central fact that the Institution exists for the insane; hat whatever adds to their comfort, pro motes their welfare, or in any way allevi ates their very distressing malady. Is right; and that everything that deprives them of safd and sympathetic care, modern and sci entific treatment, is wrong. This plain rule of right and wrong has been our guide in administering the affairs of this, the great est of the state's charities. Wo have found much to do in the past; more remains for future, accomplishment. rne ouiiaings are oid; rapid and steady Increase In popula tion has rendered the different departments inadequate. In correcting these conditions the future must be taken into consideration, so that the new buildings may be properly grouped and. if need be. added to as neces sity arises. It is unfortunate that the need must be urgent before provision is made. In spite of a generally liberal policy on the fiart of the legislators, every Insane hospital n the country is overcrowded. Oregon's one institution wIH soon reach. If it has not already passed, ttm limit in size best cal culated to meet the requirements of econ omy and the needs of the Individual pa tient." ... WT . Prompt Aid Urged. , The Legislature of 1909. through its ap propriations for Improvements and equip ment and Its provisions for the establish ment of a branch asylum in Eastern Ore gon did much to relieve the conditions com plained of but a great deal yet remains to be done. It will be some time before the Eastern Oregon asylum ' can be constructed and equipped, and a the population of the main Institution at Salem is rapidly increasing, nothing should be neglected . that will add (a Lha a&feur and correct treatment of tha i Insane while this crowded condition exists. Should the improvements planned and rec ommended by the superintendent in his re port be provided for by the Legislature and the population of the main institution be reduced by the completion and occupation of the Eastern Oregon branch. It will then be possible for the management to give those unfortunates remaining added atten tion and more comfort. The state should not overlook or neglect the needs of these. Its most unfortunate children. They have been cast by fate upon the charity of the commonwealth, and not to provide them with needed protection and comfort would be a crime against our civ ilization. The asylum owns 120 acres of land, sit uated about two miles from the main insti tution, on the road leading from Salem to Turner. This land serves no useful purpose, and the board of trustees should be given authority to sell the tract to the highest bidder and apply the funds thus secured to the purchase of additional land adjoining the main institution. Committee Inspection Favored. It is patent to every one that the usual practice of appointing legislative committees for the purpose of visiting and investigating the needs and affairs of the several state Institutions fails of its purpose for the rea son that as a rule the time of the mem bers of these committees is so taken up by their legislative duties that they are not given sufficient opportunity to make a care fui Investigation and report. At the last session of the Legislature the Senate, realiz ing the futility of this old practice, ap pointed a committee of three hold-over Sen ators who, between November 15 and 30, 1010. were to complete the committee by selecting three newly elected members of the House. This committee was directed to meet in Salem not later than Dceraber 20. 1010, and receive from the heads of the sev eral stata Institutions their estimates for maintenance and betterments for the en suing biennial period, and. after making careful Inquiry into the merits of the esti mates and needs of thy institutions, to re port their findings to this Legislature. This committee has. no doubt, performed its duty and will advise you. fully as to the result of their Investigation and the needs of these Institutions, and their recommendations . should be given careful consideration. "Reform" Is Stigma, As the needs of the several other institu tions are fully set out in the reports of their superintendents and . will be further cov ered by the report of the special legislative committee, which has been spending much time in the Investigation of the affairs of all state institutions, it .Is unnecessary for me to take your time in discussing In detail the needs of each. I do wish to say, however, that X believe the name of the State Reform School should be changed, because every boy who leaves it, no matter how good his record. Is obliged to carry with him through life the brand of the semi-crlmfnal. I earnestly recommend, therefore, that the name of the Institution be changed to that of the Oregon Industrial Institution. The purpose ot the Institution is to give boys who have started wrong not only a fresh start, but a fair start, and you are not do ing this when you send him out branded as an incorrigible. Something must be done at an early date to relieve the congested, condition of the Capitol building. Every available foot of space has been used and conditions in soma of the departments are becoming almost unbearable. If arrangements could be made for the removal of the printing and heating plants from the building it would go far toward solving the problem. Water Supply Not Ample. The time has come. In my opinion, when the state should take some action to secure an abundant supply of pure water for the state institutions. At present, the supply is being drawn from wells or from the Sa lem water system, and both sources ars open to objection. The City of Salem has recently taken steps to assume the ownership and control of the supply system now in use and the plan of piping pure mountain water to the city Is under discussion. In my opinion this is the only safe solution of the water sup ply question. Municipal projects move slow ly, however, and the need of better water for the state Institutions is urgent. I would recommend, therefore, that some provision be made by which the state may co-operate with the city In hastening the completion of this much-to-be-dcslred project. Since a large rart of the cost will fall upon the laying of the pipeline and the construction of headworks, and since much delay might arise from this same source, I would suggest that an arrangement be made by which this work could be done with convict labor. I suggest, also, that it might be feasible to authorize the Governor, Secretary of State, and State Treasurer, as the State Board, to act with the authorities of the City of Salem in this matter. I recom mend, therefore, that this Legislature grant this authorization, as the question Is of much concern to the health of the institu tions under the state's control. National Guard Efficient. Through the passage of an admirable and effective military code at the last session of the Legislature and the patriotic spirit and ability displayed by its officers and men, the National Guard of the state is be ing maintained In a high state of effi ciency. During tho past year the Guard wns called upon to assist in extinguishing the great forest fires which were destroying our magnificent forests and the homes of our settlers. The officers and men answered the call promptly and- rendered most valu able service in the performance of this un pleasant duty. During the year 1000 It cost the state $30.87 for each man in service. The same year the National Guard of California cost that state $hl.0D for each man in service and that of the State ot Washington 4i8.74 per man. It will be seen, therefore, that the Oregon National Guard is being eco nomically maintained, and Its needs, which are fully set forth In the report of the Adlutant General, should be given careful consideration. State Health Board rralsed. Oregon has been fortunate in having se cured active and conscientious physicians of well-known ability to serve upon the Stata Board of Health. The members of this board, during the biennial period just closed, have been most lavish of their time and most ' generous of their efforts for the betterment of the general sanitation and health conditions of the state. They hava been ever vigilant in checking the spread of disease, and In' seeking out the causes of sickness in order to the more effectively stamp out unneanny conamons. Because of the greatly increased demand! that have been made upon the board during the past two years, the growth of the state's population and the continual and urgent calls from every section, the small appropriation granted by the last Legisla ture has .been exhausted and a small deficit created. In Its report, whi,ch is now before you, the board sets out its work and its needs. Inasmuch as the work done and yet to do is of vital interest to the health and safety of thA people of the state, I would recom mend that you give careful consideration to the matter contained in the report and grant such relief as the extended and broad ened work of tne ooara may seom io o- mand. "Conserve" is Appeal. It Is most vital to the future prosperity of thla state and of Its people tnat its natural resources be conserved to the fullest possible extent in order that they may ba utilized and developed for the benefit not only of this but of future generations. Kff active conservation, control or aeveiop- ment of the resources of Oregon can come only through state and Federal operation. The Federal Government controls and regu lates interstate commerce. The states con trol and regulate commerce wholly within thsiip hinnAriPs. Ttut the Interstate Com merce Commission and the State Railroad Commission have worked togetner, nar-. moniously and without any conflict of au thority, with one ena atone in vw m public good- Ho it must be as regards the control ana distribution of the waters of the streams. A stream, the source and flow of which li entirely within the boundaries of the stats, even If within the boundaries of a Federal forest reserve, should be given over to me control of the state. But in the control of interstate streams we must look to th Federal Government. It has been suggested, and the suggesUot I rand one. that the interstate waters ol a basin lying within the boundaries of sev- -rai Ariiointno states mignt. as rar as pos sible, be turned over to the joint control oi these states. As an instance, tne common basin is practically all within the bounda ries of Oregon. Washington and Idaho. Thfc waters of tnat river ana its trinutarit could undoubtedly, n)pon the passage of ef fective uniform water laws approved by Congress, be safely turned over to tba joint control of these states. cellent water laws and their effective ad - ministration has shown her aoliity and wil lingness to control, protect and regulate the water of the streams within her Junsdic- (t ' Tn inln uttVi tier aialAr itnrPi In tha passage and administration of uniform lawa