6
THE SUNDAY OREGOSTIAISV PORTLAlsD, JA2sTTA5LY G, 189o.
PREPARED BY GRIMES
FACTS TAKEX FR03I THE ATJDITOIl'S
BIEXXIAI, REPORT.
Some Recommendation a to deeded
Legislation and Tabulated State
ment of Washington's Property.
OL.TMPIA.Jan. 5. Auditor L. R. Grimes
has prepared his biennial report. In addl
ras prepared his annual report. In addi
tion to much statistical matter as to the
state's financial condition, a number of
changes in the existing- laws are recom
mended. Commenting on the defects in
the revenue laws, the auditor says:
The provisions for the deduction of
indebtedness from credits, conceived in
a spirit of fairness, practically operates
very unjustly. By means of it a lare
portion of the bank stock of the state
escapes taxation, and as it is natural for
the taxpayer to put a small estimate on
the credits that he owns?, a given amoan:
of indebtedness neutralizes several times
the same amount of taxable property
having the form of credits; moreover, it
Is an exemption that gives no relief to the
poor debtor, whose Indebtedness is rep
resented by tangible property, while it
does relieve the class best able to pay
its taxes. I recommend Its prompt aboli
tion. The dates fixed for the payment of
taxes are, in my opinion, put too far off.
The assessor begins the preliminary work
on his assessment for a given year in
February of that year (sec. 48): the as
sessment is made as of April 3. The coun
ty board of equalization equalizes taxe3
in August; the state board in September;
the tax is levied In October, but cannot
be paid till the second Monday in the fol
lowing January. A rebate of 2 per cent
is allowed for payment before February
13, and April 1 the taxes become delin
quent, and a penalty of 5 per cent at
taches, and both the tax and the penalty
forthwith draw interest at the rate of 20
per centum per annum. Inasmuch as
taxes ore mainly paid just before the
time they become delinquent, the various
jjteps in tax-gathering for a year cover
13 or 14 months, and none of the funds
with which the year's expenses are to be
defrayed are available till some time after
the expiration of that year. If the law
should provide that the asscsor should
turn over the tax-rolls to the county
auditor the first Monday of July, the
county board begin the work of equali
zation the second Monday of July, the
county auditors report to the state au
ditor on or before the first Monday of
August, the state board commence the
equalization on the second Monday of
August, the county commissioners make
the tax levy, state and county, the second
Monday of September, the collection of
taxes begin the first .Monday of November,
and taxes become delinquent the first
Monday in January following, the various
steps in the process of Imposing and col
lecting the taxes would follow each other
at convenient intervals, the funds for each
year would be promptly available to de
fray the year's expenses, thousands of
Collars of interest on warrants would be
saved and the period of payment would
cccur at a time when the people would
have the most money and be best able to
pay.
In view of the fact that the business
depression has forced nearly all classes
to be slow and even delinquent in the pay
ment of taxes, and that of those whj are
failing to meet their tax tills, only a
small proportion are delaying In order
to evade their payments, I recommend a
substantial diminution of the rate of in
terest on delinquent taxes. In many
states the assessment of real estate is
made only once in two or more years;
values of this form of property are now
so steady that we are justified in adopt
ing this policy. If the assessment of real
estate is omitted for the year 1S95. thou
sands of dollars will be saved to the
people at a time when the burden of
taxation is especially oppressive. I there
fore recommend that the assessment of
real estate be made but once in two years
instead of every year, as at present.
Section 43, of the revenue act, requires
Insurance companies to report their net
annual premiums to the state auditor as
a basis for the 2 per cent state
tax that they are required to remit an
nually to the state treasurer. They are
also required to include the amount of
their net annual premiums in their annual
reports to the insurance commissioner.
I recommend that the reports to the state
auditor, being unnecessary, be dispensed
with, and that the whole matter be trans
ferred to the insurance department, where
it properly belongs.
The last clause in section 89, providing
that the county treasurer shall in no case
reduce the amount returned by the as
sessor without the written consent of the
auditor of the state, upon a statement
of the case submitted to him, or the party
aggrieved, should be repealed. It Is out
of harmony with the section with which
it occurs, which provides for the putting
of newly-discovered taxable property on
the tax roll that has been omitted there
from. 1 have before called attention to the
large increase in the amount of outstand
ing state warrants in the past two years,
upwards of $530,000. This serious deficit
is due not wholly to large expenses and
a shrinking assessment roll. It is largely
due to the heavy delinquencies in the pay
ment of state taxes. The present method
of collecting state taxes involves the
fiscal affairs of the state In inextricable
confusion and uncertainty. The legisla
ture, by its appropriations. Indicates the
sum necessary to carry on the state gov
ernment, but the board of equalization,
in fixing the state levy, can have no as
surance that it will yield such a sum.
In practice a deficiency ensues, varying
from 10 to 40 per cent. Another element
of uncertainty is that, under the pres
ent system, the counties are credited with
the state tax in all cases of rebate, er
roneous assessments that are set aside,
and all taxes remaining uncollected.
These features of the present law not
only perpetuate and increase the de
ficit, but they add to the labor and com
plexity of the state's bookkeeping. A
former auditor (territorial) recommended
a few years ago that the state tax for
each county should be a charge against
such county. I heartily renew this rec
omendation. The state board of equaliza
tion is a body of limited poyers; from the
nature of things it cannot enlarge a levy
to cover a prospective and indefinite de
linquency In the payment of taxes. If
such a vast and vague power could be
conferred upon this board, it would not
be wise or prudent to confer it. The
county boards meet at frequent intervals
through the year and have ample op
portunities to watch the course of the
collection of taxes, to reduce expenses to
meet diminishing revenues, and to adapt
the county rate to the varying needs of
the times. The method I recommend will
give certainty to our fiscal system, will
relieve the state of the burden of paying
interest on nearly $1,000,000 of warrants,
without imposing any burden on the coun
ties that their more flexible system of
management will not enable them easily
to bear.
Auditor Grimes renews Auditor Reed's
recommendation of the enactment of a
law licensing coal mines and fixing the
license fee at S mills per ton of their
output.
Speaking of the cost bills in cases of
convictions of felony, one of the heaviest
burdens borne by the state, the auditor
says:
"From March 25. 1S31, to October 2S,
1S82. cost bills to the amount of $$4,552
were paid. At the latter date the appro
priation was exhausted, and for the period
between October 2S. 1S92, and April 1, 1S93,
certificates of indebtedness amounting to
J17,S1 were Issued, making the total cost
to the state on this account for the two
years ending April 1. 1SSS, JS1.427. In De
cember, 1E9S, the supreme court rendered
a decision in a case entitled Thurston
County vs. Grimes, which relieved the
state of the burden of paying sheriffs,
clerks', jurors' and stenographers' fees,
and the fees and mileage of witnesses,
except when ordered by the court. This
wholesome decision has reduced the ex
penses of the state on this account to
$13,034 40 since April 1. 1BS3. But for this
decision the warrant Indebtedness of the
state would be 540.000 greater than it is.
This feature of our governmental adminis
tration Is an anomaly utterly at variance
with the spirit of our institutions. The
communities who elect officers should pay
the puolic expense these officers occur.
In no other way can extravagance be
checked and efficiency in the public
service be secured. In my opinion, the
present system is essentially bad. I have
no doubt that if the whole system of re
quiring the state to pay cost bills In
cases of conviction of felony is abolished,
the rigid economies that the local officers
would be glad to practice, and which local
sentiment would then uphold them in
practicing, would save to the counties in
these criminal cases, the expense of which
is borne by the counties, a sum several
times the amount given the counties by
the state on account of cost bills.
Auditor Grimes says the present system
of managing the state institutions is
cumbersome and expensive. For the two
years ending October 31, 1894, upwards of
$30,000 was spent for the compensation
and expense of their members. A small
board, perhaps a single officer, could, at
a small expense and for a moderate com
pensation, perform all the duties devolv
ing on all of these commissions. "Without
the state suffering anything there should
000 or $25,000 a year. The local boards of
be saved in this item alone, at least $20,-tide-lapd
appraisers is another feature
of the government which should be cor
rected. Whatever policy may be adopted,
the present expensive surveys of tide lands
of the third class should be abolished.
Tnese surveys are characterized as ut
terly valueless. Under the present sys
tem it costs more to measure and appraise
land than the land comes to. Only in
exceptional instances are tide lands of the
third class so located as to have any
real value. Thus occasionally there are
extensive flats that may be dyked for
farms or purposes of commerce. If these
could be selected into a class by them
selves, and the survey of other tide lands
of third class could be dispensed with, an
enormous saving could be effected. If, in
addition to this, the local boards should
be abolished, and the whole land business
of the state could be centered in the com
missioner of public lands, or the board
of state land commissioners, $20,000 could
be saved biennially to the state, and the
state would have the advantage of con
centrated responsibility.
To offset its warrant and other indebt
edness, the state has this property:
Penitentiary $ 501,243
Hospital, Western Washington 293,154
Hospital, Eastern Washington 237,386
State university 751.000
Agricultural college 132,050
School for defective youth and
feeble-minded 134.000
Reform school 67,000
Soldiers' Home 33,153
Normal school, Ellensburg 71,000
Normal school, Cheney 14,000
State capitol 150,000
State fair 47,000
Total $2,453,088
AS HEARD BY NEW YORK
Impnrtinl Criticisms of "Cavallerla
RuHticnna" and "Pafrliacci.''
NEW YORK. Jan. 5. At the Metropoli
tan opera-house last night, "Cavallerla
Rusticana" and "Pagliacci" constituted
the evening's entertainment. This com
binaticn of the two one-act works of
Mascagni and Leoncavallo was tried
last season and found to be attractive,
and last night it drew a tolerably large
audience. The cast of "Pagliacci." which
began the evening's performance, was
composed as follows:
Nedda. Mile. Zelle do Lussan; Tonio,
Signor Ancona; Silvio, Slgnor Gromzeskl;
Beppo, Slgnor Tannla; Canlo, Slgnor Rus
sltano. The performance of the opera by these
artists was only respectable in its gen
eral results, but in some of its features
it was not at all cheering. Mile. Zelie
de Lussan, as Nedda, displayed a plentiful
lack of voice, and her skill in acting was
barely equal to the task of throwing her
arms around Signor Gromzeskl's black
velvet jacket. Mile, de Lussan Is entirely
too ambitious.
Signor Russitano made an earnest at
tempt to give a vivid imitation of Signor
de Lucca, in Canlo, but his desires outran
his ability. Signor Ancona was once again
the Tonto, and his performance was quite
as commendable as it was last season.
M. Gromzeskl was acceptable as Silvio,
and Signor Vannia was not even tolerable
as Beppo. The chorus sang unusually
well.
The cast of "Cavalleria Rusticana" was:
Santuzza, Mile. Mira Heller; Lucia, Mile.
Bauermester; Lola, Mile, de Vigne; Alfio,
Slgnor Bensaude; Turiddu, Slgnor Ta
ma gno.
The performance had some excellences,
which were probably not expected by the
audience. The role of Turiddu is congenial
to Signor Tamagno, and he clung to the
pitch with surprising fidelity. Consider
ing the fact that there are but few op
portunities for the ejaculation of decla
matory high notes, his vocal work was
remarkably good. Mile. Mira -Heller's
Santuzza had all the merits and shortcom
ings which that young woman's previous
work would have led any one to expect.
She sang with an abundance of voice,
with palpable effort, and with poor judg
ment in the matter of phrasing. Her
style is frequently explosive, but it is al
ways earnest and full of good intention.
She lacks experience-but she shows prom
ise. The other members of the cast were
certainly not inspiring. Signor Bevignenl
conducted with skill, and the intermezzo
had its usual repetition.
HONOLULU NEWS.
The Government Xot "Worrying: Over
the Alleged Conspiracy.
SAN FRANCISCO. Jan. 5. Advices from
Honolulu by the bark Ceylon, dated De
cember S. state that President Dole has
submitted the draft of his proposed new
land bill to the cabinet for consideration.
Its terms havft not been made public,
beyond that it forbids the sale of large
tracts of land to corporations, and pro
vides for the sale or lease in 23 or 4C-acre
lots to legitimate homesteaders.
President Dole has not yet issued any
call for the meeting of the legislature,
but it Is expected that It will meet about
January 15.
The government has taken no extra
precautions on account of the discovery
of the conspiracy, and everything is quiet.
The trial of the alleged conspirators be
gan today.
The city is overrun with strangers un
able to obtain employment.
o
A Memorable Trip.
The Oregon train from the front arrived
in Albany at 6:30 o'clock Friday morning,
20 hours late, after one of the most event
ful trips in Oregon Pacific history. When
the train left Detroit there was 40 inches
of snow on the ground. The trees were
loaded down, and as.the train came slow
ly along through the snow, one could
look out on either side and see the mon
sters of the forest succumbing to the
enormous weight upon their branches.
No wind was blowing- to rid them of their
burden. Postal Clerk Butterworth de
clares that he saw 20 or 30 trees fall in
this way. The trip was an obstruction
race. From Detroit until out of the snow
belt, 30 or 40 trees had fallen across the
track, and had to be cut away. In one in
stance a tree had plowed Its way rignt
through the track. The trainmen earned
quadruple wages. Interesting things oc
curred along the route to keep up Interest,
one being the burial of J. L. Berry, with
a mail sack at Lyons. It was a great
transformation scene when level ground
was reached, and rain took the place of
snow.
CHMGES SUGGESTED
APPARENT DEFECTS IX THE LAWS
OF WASHIXGTOSr.
Snprcmc Court Points Them Ont to
the Governor and Indicates How
They May Be Corrected.
OLYMPIA, Jan. 5. The judges of the
supreme court have submitted to Gover
nor McGraw the following report of ap
parent defects In the laws of the state of
Washington, embodying reports made to
them by the superior judges of the state:
First The code of procedure provides
generally that in mandamus cases an ap
peal can be taken in like manner and ef
fect as in civil actions. In State ex rel.
Brom Co. vs. Superior Court, 2 Wash., 9.
it was held that a supersedeas was one of
the possibilities of such an appeal. It has
developed as a sequel to the last general
election that use of this section of the
statute and of the decision in the case
mentioned has been made to serve as an
excuse for a refusal to perform their duty
on the part of certain election ofllcers.
We recommend that the section men
tioned be so revised that there would be
no supersedeas in cases where public offi
cers are required by mandamus to per
form public ministerial duties of the class
mentioned.
Second There is no provision in the
statutes regulating the compensation of
receivers appointed by the superior judges.
In our judgment, in all cases where re
ceivers are appointed, the compensation
of these officers should be regulated by
the same rules as govern in administra
tion of the estates of deceased persons,
except that when, by reason of the nature
of the property taken in charge by the
receiver, as, for instance, an Insolvent
railroad company, the property is oper
ated for the benefit of the public by the
receiver. In ruch cases only should the
compensation of the receiver be by salary.
Third This court finds it Incumbent
upon it to hold that it is not necessary
for municipal corporations to take a bond
from the contractor for street improve
ments, conditioned that he will pay la
borers, mechanics and material men. The
reason for this decision was the indefin
ifeness of the statute. Should it be the
desire of the legislature that bonds should
be given in such cases it will be necessary
for it to revise the statutes.
Fourth The only law we have in the
state prescribing what instruments may
or must be filed or recorded in the of
fice of a county auditor, is contained in
G. S. (Hill) paragraphs 19S and 199. Under
the provisions of these sections, beyond a
few instruments named, it is uncertain
what must or may be recorded. Unless
the law requires the record of an instru
ment, and makes its record constructive
notice, the ac'tual record of it is of no
legal force. Assignments of mortgages,
in particular, are nowhere mentioned,
and in a recent important case, want of
deflniteness upon this subject was the
cause of great loss to a party who was
himself wholly without fault (Howard
vs. Shaw). So, also, there is an indefinite
ness in the law providing for the satis
faction of mortgages and other instru
ments of record. When mortgage assign
ments shall be required to be recorded
there is every propriety in requiring the
assignee of the mortgage to make the
satisfaction. As the law stands it might
perhaps be open to claim that nobody
but the original mortgagee can do so.
Fifth Foreign corporations doing busi
ness in the state can be sued only in the
county where the corporation has an of
fice for the transaction of business, or
where some person resides upon whom
such process may be served. It would
seem that in cases of purely private cor
porations, when the only persons upon
whom service can be made is a statutory
agent, the privilege ought to be extended
to citizens of the state to bring suit
either in the county of their own resi
dence or in the county where the contract
was made as well.
Sixth Twice this court has been called
upon to review cases involving the as
sessment of the stock on national banks
for taxation. In both cases the assess
ments were upheld, but in both the de
cision was arrived at only upon a con
struction of the law which was not satis
factory to this court. These cases have
been appealed to the supreme court of
the United States, and it is not at all
beyond the bounds of possibility that that
tribunal may come to a different con
clusion. The trouble with the statute
upon this subject is that it i3 obscure,
involved and uncertain, and there is
danger unless it is revised there will
come a time when this state will be prac
tically without a law for the proper tax
ation of the property of banking and oth
er financial institutions, particularly na
tional banks. A careful revision of the
subject should be made, with a special
view to the avoidance of double taxation,
and in the light of the experience of oth
er states, to the end that this vexed ques
tion should be set at rest.
Seventh The registration law makes St
requisite that the registration lists be
used at election of officers only. The ef
fect of this is that at many important
elections held in the state no registration
at all is required.
Eighth The road and ditch laws of 1S90
have been declared by this court practi
cally inoperative by reason of the fact
that the provision made therein for the
taking of lands for right of way were
found to be unconstitutional. The reason
for this result was that not sufficient care
was taken in the enactment of these laws
to preserve the rights of property-owners
under the constitution of the state. There
are numerous separate acts contained in
the statute providing for the condemna
tion of lands. The state of California has
an efficient law under constitutional pro
visions similar to our own, to which we
call particular attention.
Ninth The law providing for the recov
ery of damages by the widow and children
of a deceased person whose death was
caused by the negligence of another, is in
mucn confusion, arising from the fact
that it is uncertain whether a widow and
her children may bring one action or sev
eral actions, and if they bring one action,
how the proceeds of the suit are to be
divided. So, also, under the provisions of
section 139, when a parent is authorized
to sue for the death of a child, two ac
tions are maintainable one by the parent
for damages accruing to him until the
majority of the child, and another by the
administrator of an estate for benefit of
the estate. We have had numerous cases
under these sections which will be cited
in Huntley's case, page 32.
Tenth The act for the removal of coun
ty seats contains no provision by which
the result of an election held for this
purpose can be reviewed by the courts.
Under this state of things, the grossest
frauds may be perpetrated and the people
of the county are without remedy, since
the ministerial officers can do nothing bu:
count the vctes, legal or illegal, and de
clare the result. This was evidently an
oversight on the part of the legislature
which passed the act, and should be rem
edied at once.
Eleventh There are several constitu
tional provisions ..intended to limit the
action of the legislature in the passage of
bills. In State ex rel. Reed vs. Jones
this court held that without legislation
the courts of the state were powerless to
examine into the history of any law
which had passed to the stage of an en
rolled bill, been signed by the presidinc.
officers of both houses and been filed in
the office of the secretary of state. We
call attention to this decision first. In or
der that there may be as great care to
constitutional requirements as the cir
cumstances will permit in the passage of
bills; second, that If the legislature sees
fit it may adopt some method by which
the courts will be authorized to examine
1 into the facts connected with the passage
of an act where it is alleged that some
constitutional requirement has been
omitted, or when fraud Is alleged in the
passage or enrollment of the act. The
act before us in the case mentioned con
tains provisions which the journals do not
show were passed by both houses, and, it
omits others which, the journals show
were so passed i:0on. It, then, appears
probable that a portion of this legislation
was" accomplished by the act or neglect
of some enrolling clerk, who was thus
made the superior in power of both the
legislature and the" courts.
Twelfth Recommends the passage of a
general law covering the appointment,
confirmation, terms and methods of re
gents, trustees or commissioners of cer
tain institutions mentioned in article NIII
of the constitution.
Thirteenth Calls attention to the indefi
nite and uncertain terms of the law gov
erning the appraisal and sale of tide lands,
and declares it extremely important that
the law on this subject should be reduced
to something like system
Fourteenth The law providing for ap
praisement of school lands is uncertain,
for the reason that it does not sufficiently
provide with regard to the rights of the
owner of improvements on such land.
Fifteenth Under article I, section 16 of
constitution, permissive authority is given
for the opening of drains, flumes and
ditches for various purposes, but there
has been no legislation supplementing
this provision, and it is inoperative.
Sixteenth Sections 30 and 31, chap. 61, act
of 1893, governing appeals to the supreme
court, providing that an appeal by de
fendant in criminal action shall stay the
execution of the judgment, is not condu
cive to a propar execution of the criminal
law. In cases of felony when the sen
tence is for a term of years in the peni
tentiary there should be no stay au
thorized by giving ball or otherwise be
yond, say. 30 to 60 days, during which it
may bs necessary for the prisoner to pre
pare for his appeal. After that time his
term of service in the penitentiary should
commence. Upon a retrial and reconvic
tion, of course, the partial term so served
should be deducted from the whole sen
tence. Seventeenth The subject of nuisances is
treated in the statutes in several different
places' under provisiens which are confus
ing and, perhaps, contradictory. One com
prehensive act should be passed covering
the subject.
Eighteenth Code of procedure (2 Hill),
sections, 1035, 1036, 1037, providing for the
sale of land mortgaged by deceased per
son, without notice, is defective and ought
to be remedied.
Nineteenth Chapter 4, title 8, code of
procedure, section 491, provides, a sum
mary methed of trying the right of pos
session of personal property levied upon
under execution or attachment. Section
493, which provides for the judgment to
be rendered in such cases, is inconsist
ent with section 491, in that it provides
for absolute judgment to be rendered
against the claimant for the value of the
property. The judgment should be the
same as In ordinary cases of replevin for
the return of the property or the payment
of its value to the officer.
Twentieth Code of procedure, section
34, provides that In cases of ejectment
where Improvements have been made upon
real property by the defendant, the value
of the improvements may be set off
against damages for mesne profits only. A
better rule would he that the plaintiff in
a successful case should have the option
whether he would pay the actual value
of the improvements upon the land at
the time of judgment or take from the
defendant the value of the land without
the improvements and make him a con
veyance. Twenty-first This section calls attention
to a common defect in many acts to
which are attached the repealing clause,
"All acts and parts of acts inconsistent
with the provisions of this act are hereby
repealed." This creates great confusion
because Indeflnitas to what particular
acts are intendea'to be replaced. And
it provides no saving clause under which
the rights of this state or of private in
dividuals under former laws can be pre
served. IX OREGOX AXD AVASHIXGTOX.
Fruit Xot Bndly Dnmnged in Clarke
County.
VANCOUVER, Wash., Jan. 5. The
damage to fruit orchards in this county
on account of the recent heavy fall of
snow and sleet will be very slight. The
frozen district did not extend beyond the
low bottom lands along the Columbia
river, hence the orchards on high lands
are comparatively uninjured. The ice
and sleet, however, played havoc with
fruit and shade trees inside the city and
along the Columbia. The heaviest losers
so far heard from are J. -H. Fletcher,
Mrs. A. Wintler, W. C. Durgin and A. J.
Proebstel, who own valuable fruit or
chards in the river bottom east of this
city. The prune trees, as a rule, seemed
to stand up under the tremendous weight
of ice much better than most other va
rieties of fruit. In the city the telegraph,
telephone and electric-light wires are in a
deplorable tangle. The ice falling from
the wires and shade trees yesterday made
it quite dangerous for pedestrians. For
tunately, however, no serious accidents
are reported. It will probably be a week
before telegraphic and telephone com
munication will be re-established in the
city and between here and the garrison
and Portland. The river, which was
blocked with Ice for two days, is almost
free today, so that it is safe for boats to
run between this city and Portland. The
beautiful natural forest trees in the clly
nnrk wnr Vinrtlv Ti'roflfful- sn nlcrt TCoV'n-
number of buildings and awnings in the
city.
HOKE SETTLES IT.
Secretary Smith Decide a. Famous
Spokane Land Content.
Hoke Smith, secretary of the Interior,
has rendered his decision in the contest
case of George T. Crane vs. Leonard
Howe, involving a valuable timber claim
of 160 acres, about five miles northeast
of Spokane, in section 4, township 25,
range 43. The land was contested by
Crane, and Howe died immediately after
the contest begun. The local office decided
in Crane's favor, but the commissioner re
versed this decision, and the secretary
now sustains his verdict and awards the
land to Howe's heirs.
"It Is not the policy of the department,"
says Secretary Smith, "to permit a sec
ond contest against a given entry based
upon the same charges. In other words,
where a contest has been initiated and
carried through to final determination the
department will not permit another con
testant to attack the entry upon the same
grounds covering the same period of time
and thus harass the entryman with a mul
tiplicity of suits. Therefore, it having been
determined in the Raub case (a previous
contest on the same claim) that there had
been a compliance with the law up to and
including the time of the institution of
that contest, the evidence covering that
period in the case at bar will not be con
sidered. But in so far as it is applicable
to the time subsequent thereto, it will
receive due consideration."
FIXAXCES IX "IVASHIXGTOX.
Report of the State Treasurer for the
Last Two Months.
OLYMPIA, Wash. Jan. 5. The report
of the state treasurer for the months of
November and December, 1894, shows the
following cash on hand in the various
funds:
General fund $ 18,257 45
Military fund 317 51
Interest fund 5,831 SI
Permanent school fund 101,801 37
Current school fund lS,433 60
Tide-land school fund 794 43
Deposits, surveys, tide-land 4.186 CO
Revolving fund 43.346 97
Fish-hatchery fund 12,875 60
Special school-land deposits 3S3 70
State library fund 7,062 65
Total $213,517 23
ONE AM) TWO YEARS
LEGISLATURES "WHICH HAVE 3CET
AXD ARE TO MEET.
Governor "Walte's Last Message to
the Assembly of Colorado a
Rather Remarkable Document.
DENVER, Jan. 5. Governor Waite read
his last message to the legislature of
Colorado yesterday. He called attention
first to the fact that, in spite of the de
struction of the state's silver interests,
the credit of Colorado was higher in New
York today than ever before, and more
miles of railroad were built in this state
last year than in any other. He referred
to the increased pxoduction of gold, and
said:
"If gold should be found in Colorado as
abundantly as it was in California and
Australia, it m&ht relieve but would not
atone for the tyranny and oppression
which, under both a republican and dem
ocratic president, have deprived the peo
ple of the free coinage of silver, a right
which was theirs before the constitution
of the United States was adopted, and
which was never ceded to congress."
The governor recommends that the 10th
general assembly appoint a commission
to investigate the excess warrant frauds
committed under previous administra
tions, amounting to nearly 51,000,000, with
a view to bringing suits against the
guilty parties and their bondsmen. He
also recommends a revision of the state
constitution, a law to abolish the private
detective system, an eight-hour law and
the abolition of capital punishment. He
suggests that the most hardened criminals
be compelled to run as candidates for
some state office. After a full discussion
of state land matters, the governor rec
ommends that the state construct reser
voirs and canals for irrigalon purposes.
Ke condemns the Carey land bill as "in
the interest of private corporations," and
recommends tnat the general assembly:
"Memoralize congress to cede the arid
lands to the several states in which they
are situated, under conditions that the
titles to these lands shall forever remain
in the state, to be leased in areas not ex
ceeding 160 acres, to actual settlers only."
In conclusion, the governor said: "A
brief two years ago a democratic na
tional administration arrogantly assumed
power in all the departments of the gov
ernment. Today, that administration lies
crushed and bleeding. Its success con
tained all the elements of its swift de
struction, for the money power which
controlled the party prevented any relief
to the people, and the republican party,
controlled by the same relentless pawer,
can grant no relief, no substantial pros
perity, and would not if it could. Hence,
it, too, must give way to the party of
progress and reform. The people's party
of Colorado, though never in control of
the general assembly, and with its state
officers somewhat divided and discordant,
during the most exciting and troublous
times that have existed in the history
of the state, turns over to the incoming
adminlsrat'ton the affairs of the state with
a clean bill of health, and we shall hold
your dominant party to a like rigid ac
count, I will not say 'hail and farewell.'
That would be too formal. We go. but we
return. We will meet you, gentlemen, in
two years, 'at Philippl. "
The Figrht Against AVnshlmrn.
ST. PAUL, Minn., Jan. o.-Over 100 of
the 163 members of the legislature are In
town tonight, and the hotel lobbies are
swarming with Washburn, McCIeary and
Comstock workers. A review of the fight,
given at the various headquarters tonight,
indicates that the first ballot in caucus
will be:
Washburn 55IMcCleary 11
Nelson 43Comstock 9
The other 17 votes will be scattered.
Nelson is expected to gain about a dozen
votes on the second ballot, when. It is
believed, a protracted fight will begin be
tween the Washburn and Nelson factions.
It takes 71 votes to secure a caucus nom
ination and 85 to elect in joint assembly.
The 2S populists and democrats will take
no part in the election, unless public
business is impeded by a peadlock. Or
ganized labor of the Twin Cities and of
the state appeared in force here this morn
ing in an open fight against Washburn.
This is the result of an organized effort,
backed by the American Federation of
Labor and the American Railway Union.
There is a boycott against Washburn
flour.
California Solons Conaxeentinjr.
SAN FRANCISCO, Jan. 5. Nearly all
the senators and assemblymen-elect are
in the city, and will leave for Sacramento
tomorrow. Republican legislators are
chary about expressing opinions on the
gubernatorial situation, further than that
if Estee is entitled to the seat through
a majority of votes, justice should be
done him in the legislature. In view of
the certain absence, through illness, of
Lieutenant-Governor Millard, the senate
will be organized with a temporary pres
ident, who will simply announce the com
mittees selected, Millard's wishes in the
matter being respected.
Colonel Burns Insists that he will not
take any hand in the senatorial fight.
He said tonight:
"I have some horses up here. I came
up partly to look at them and partly to
do something in a political for a few peo
ple who I believe are my friends, and to
whom I owe political obligations. I am
not interested in the senatorial fight, or
In anything that may come before the
legislature. In three weeks it is my in
tention to go to Mexico. When will I
come back? Well, I don't know; maybe
in two months, maybe in six."
Xevr Mexico's House Organized.
SANTA FE. N. M.. Jan. 5. The republi
cans who seceded when the lower house
of the legislature was organized, Monday,
by the democrats, came back yesterday
and signed the roll. The legislature now
stands:
Senate. House.
Democrats 8 14
Republicans 4 9
There is a contest over the seat of the
tenth republican member. The governor
has recognized the legislature.
Fcttljrrew Has Xo Opposition.
PIERRE, S. D., Jan. 5. Nearly all the
members-elect of the legislature have ar
rived for the biennial session of the leg
islatnre, which convenes Tuesday. Sen
ator Pettlgrew has established headquar
ters and is certain of re-election without a
contest. The republican caucus will likely
be held Monday.
OTHER POLITICAL XEWS.
The Republican Declared Elected.
SAN FRANCISCO. Jan. 5. In the re
count of the county clerkship, Haley,
democrat, gained 132 votes in four pre
cincts today. Currie, republican, was de
clared elected, and Haley contests.
Mosc Gunst as Police Commissioner.
SAN FRANCISCO, Jan. 5. News of the
appointment of Mose Gunst to be police
commissioner for San Francisco, in place
of Colonel Dan Burns, was at first not
credited, but It has been amply con
firmed. An Ex-Federal Official in Trouble.
CINCINNATI. Jan. 5. Judge Sage, of
the United States district court, today
sentenced ex-United States District At
orney W. B. Burnett to 60 days' impris
onment for embezzling $9000 from a client.
This sentence is concurrent with a sen
tence of six months for contempt of court
which Burnett is serving. Unless Bur
nett is able to produce bonds, which
seems Improbable, the concurrent sen
tence is practically an indefinite one.
Coxey Hns 3Ioved to Philadelphia.
PHILADELPHIA, Penn., Jan. 5. J. 3.
Coxey, the populist leader, has removed
from Massillon, O.. to this city, and has
taken up his home on Girard avenue. The
change of home, Coxey says, is made la
the interest of his family, from an edu
cational point of view. Coxey will appear
before the sub-committee of ways and
means of congress next week, and before
the finance committee of the senate to ad
vocate his non-interest bearing bond
sceme, the bill covering this populist de
mand having been embodied last July.
Coxey further said:
"The populist cause is growing. We
shall have eight senators in the 54th con
gress, and now hold the balance of power.
We are gaining voters all over the coun
try." NEED MORE WHIPPING.
The Chinese Believe retains Is Safe
for the AVinter.
LONDON, Jan. 5. The diplomatic ad
vices received at the foreign office from
the British representatives at Peking and
Toklo concur in the statement that the
present negotiations looking to the estab
lishment of peace between the two far
Eastern empires are not expected to have
any good results. The Japanese govern
ment is of the opinion that the Chinese
still require to be thrashed into the thor
ough conviction of their hopeless infer
iority, which must precede the conclusion
of permanent peace, while the Chinese are
resting under the belief that Peking is
safe for the winter from Japanese in
vasion, and are hoping that stubborn re
sistance on their part in the future will
modify their positfon and enable them to
obtain better terms in the final peace
negotiations. This hope is not shared,
however, at the foreign office, where some
Japanese reverses would not be at all un
welcome. No change for the better is expected to
arise from the appointment of Lien Kun
Yi to supersede Li Hung Chang. During
the tenure of office of Lien Kun Yi as
viceroy of Nanking, he had frequent deal
ings with foreigners, and his contact with
them failed to elevate him in their es
teem. He was woefully lacking in energy
and ability and was generally regarded as
a common-place "boodle" viceroy.
The English diplomats in China and
Japan, as well as in London, are greatly
exercised in regard to the scope and mean
ing of the conditions of peace laid down
by the Japanese, that China shall be
opened up under the direction of Japan.
This proposal, though, seemingly moderate
and even generally desirable to the in
terests of the world, might involve the
practical control of the whole of China by
Japan.
"What the Chinese Think of Foster.
LONDON, Jan. 5. A Peking dispatch
says the emperor and high officials of the
government regard the choice of ex-Secretary
Foster, as mediator between China
and Japan, as the best possible selec
tion, and are rejoicing at the news of
his selection.
An edict has been issued, upon the or
der of LI Hung Chang, commanding the
discovery, arrest and punishment of gen
erals Huang Chao and Wei Ju Chang.
A Tien-Tsln dispatch says that the
families of native officials are leaving
that place, fearing a Japanese invasion.
At the Front.
TOKIO, Jan. 5. General Nodzu tele
graphs that the scouts sent in the di
rection of Kai Ping report that 4000 Chi
nese, under General Chang, occupy a po
sition between Kai Ping and Twen Tien.
Scouts returning from Kao Kwang, lie
says, report that htey saw a force of
Chinese, strength unknown, under Gen
eral Nien. General Sung is said to be
advancing upon Hal Cheng.
o
REVENGE TURNED TO LOVE
An Indian Saunvr Took the "Warpath,
and Then Left It.
ROSEBUD, S. D., Jan. 5. When Fast
Thunder and Plenty Bird murdered the old
Sioux chief, Red Horse, last week, on the
reservation, there was a'great sensation.
They are Carlisle school Indians, and
claimed divine authority for what they
did. They were arrested and released on
bail. A few days ago Susie Red Horse,
the squaw of the murdered chief, went on
the warpath with a big knife in one hand
and a rifle in the other. She had heard
that her husband's murderers were out on
bail. Almost immediately she cut her
hair off, this action being a traditionary
declaration of war. Then she gave away
all her property, and started on the trail
of Fast Thunder and Plenty Bird. Susie
has a record. Fast Thunder and his com
panion in crime remembered her fighting
qualities and kept out of sight, but the
Indian police started in pursuit of the
widow. Just as she had struck a clew
the Indian police overtook her, and she
was compelled to surrender her weapons.
A few days later the police arranged an
"atonement feast." The friends of Fast
Thunder and Plenty Bird gave the widow
a number of presents, and persuaded her
to let the law take its course. The gentle
Susie is 44 years old, but when she met
Fast Thunder she fell in love with him.
He consented to take the place of the man
he had murdered, since it would prevent
the prosecuting witness from testifying
against him.
YESTERDAY'S MARKETS.
Condition of Local, Eastern and For
eign Business.
The local markets are slowly recovering from
the effects of the storm. Trading yesterday,
while not brisk, was better than the few pre
ceding days. Prices in produce lines show but
little change, and merchandise quotations are
as formerly given. Eggs sold quickly at 23c,
and chickens were readily disposed of as high as
$4. Other poultry was firm at quotations.
Green produce and frutts are quiet.
There was little or no business done in the
local market, owing to the difficulty of postal
and telegraphic communication, and export quo
tations remain nominally unchanged at TTKc
per cental for Valley and 674570c for Walla
"Walla. At San Francisco there was a marked
change for the better in prices. Offerings ot
spot wheat were not large, and quotations were
firm at STUc per cental for standard shipping
quality, with SSic for a choice article. Con
siderable activity prevails in speculative circles
at advanced figures. Milling wheat showed
strength at 9295c. Walla Walla wheat in
that market was quotable at 7G77Vic for fair
average quality. 81V40835ic for blue-stem, and
7073?Jc per cental for damp stock. Beerbohm'o
Liverpool report was as .follows: "Cargoes off
coast, nothing doing; on passage, quiet, wheat
and flour in Paris, steady." The wheat mar
ket at Chicago needed something to keep it up
at the opening. The scalpers seemed to have
the entire crop for sale at from 5Sc down to
57M-C during the first 10 minutes of the session.
It recovered at a critical moment all the sup
port it required, and soon scalpers were unani
mously trying to buy as they had previously
been desirous of selling. Receipts were lighter
than ever, and foreign stock small and steady.
Chicago received 41 cars. Minneapolis 222 cars
and Duluth 62 cars, compared Tilth 322 cars on
the corresponding day a year ago. One item
of news was to the effect that the Argentina
wheaP crop is anywhere from 10 to 20 per cent
smaller this jear than last, and of inferior
quality. Several cables gave further confirma
tion to the above report, and heavy buying or
ders were received from Sew York. The mar
ket, from being rather weak, became very
strong. May. which opened at from STA-'SSi7,
was cavorting around 5Sc near the close. A
great deal of business was done, and May closed
at 38I3C. January closed at 54'Ac.
Speculation on the New York Stock Exchange
showed few features of interest. Distilling &
Cattle Feeding developed strength on the ap
pointment of a committee to oust the present
management, and sold up to 10. Xew Jersey
Central was also stronger on covering short
contracts and rumors of a probable early ad
vance la the price of coal. The stock jumped
lli per cent to 87, and receded to 8(5. Amer
ican Sugar, Lead. Baltimore & Ohio and Mis
souri Pacific were the weak spots, falling s
for Sugar to SG, 1 for Lead to 3G. and 2 for
Missouri Pacific to 24. Sugar was pressed for
clined on realization. Missouri Pacific dropped
lation, while Lead and Baltimore & Ohio de
clined on realizations. Misouri Pacific dropped
rapidly after the publication of the earnings of
the fourth week and month of December, which
were very unfavorable. Chicago Gas was tol
erably Ann. The grangers and trunk lines were
dull. Oregon Short Line declined "s per cent.
The market closed steadier, some of the active
stocks" showing a recovery of J.S1& per cent.
The total sales were 67.212 shares.
STOCKS.
Stocks on the Xew Tork Stock Exchange yes
terday closed as follows:
Atchison 4k!North Am. Co.. 3H
Burlington TOiqXorthern Pacific... 3-s
Can. Southern ... 49V,j do pref 17t
Canada Pacific ... 55VXorth western 03,
Central Pacific ... 13VMOregon Xav IV,
C. C. C & St. L.. 3710regon Imp 10a
Del.. Lack. & V..13SVPacine Mail ..:.... 2tUj
Erie aJReading 12N
Wells-Knrgo K.1...103 (Rock Island 61'
Gr. North. pret...l02 St. Paul 33Vj
Lake Shore 135 Texas Pacific 0V4
Louis. & Nash.... KVUnion Pacific 11
N. Y. Central OTIAVestern Union ... SGjj
N. T. & N. Eng. 321
lining: Stock.
SAX FRANCISCO. Jan. 4. The ofilcial clos
ing quotations for mining stocks today were as
follows:
Aha $0 47;.IusUce ?0 2
Alpha Con lOUIale & Norcross.. I 15
Andes 40tKentuck Con 7
Belcher 70'Lady Wash. Con.. 0
Belle Isle OjMcxlcan 35
Best & Belcher.. 1 OOiilono 24
Bodle Con tfllMt. Diablo 10
Bullion 24IOphir 1 75
Bulwer Con 5JOverman 24
Caledonia S.Potosi us
Challenge Con.... Ss.Savage 37
Chollar W)!Scorpion 4
Confidence JsijSterra Nevada ... G5
Con. Cal. & Va.... 3 75!Silvcr Hill 5
Con. Imperial ... 2ifnion Con 61
Crown Point 73lUtah Con 5
Gould & Curry.... 44YelIow Jacket .... 45
REAL ESTATE TRANSFERS
Nine deeds, aggregating $7043, were filed for
record yesterday with the county recorder, as
follows:
Portland University to Lu C. Tucker, lots
G, 7. blk 12t5. University Park $ 600
D. A. Mclnnis et al. to C. A. Carlson. S.
Vi lot 20. blk 1. Albina 1,500
C A. Carlson to D. A. Mclnnis, lot 1.
Wctmore's sub 3,000
E. Little to A. II. ilallory. lot 0. blk 54.
Sellwood no
I. M. Gordon to same, lot 5. blk 54. same. 20S
I. Van Schyck and husband to J. B. Mcs-
slck. lotfr. blk 2. Powers' tract.. 2.000
J. E. Lancaster et al. to D. T. Lee. lota
1. 2. blk 2. Tabasco add 100
Portland Trust Co. to G. W. Epler. lot 23,
blk 3. Tremont Place 250
Portland Trust Co. to A. Ambler, lot 27,
blk 4, Tremont Place '75
Total $7,043
Titles Examined and Insured.
Money to lend on improved city property.
The Title Guarantee &. Trust Company,
Chamber of Commerce.
HOTEI, ARRIVALS
THE PORTLAND.
A J McCabe. Tac. -J E Blukman. X.031
J. McCabe. Tacoma.l Angele3.
Miss M. G McCabe, IT W Brooks, S F. 1
Tacoma. W Allen, Chicago. I
Miss A O'Brien, El-iA D Simpson. N Y.
lensburg. Miss Dollie Knowles
C C Gillett, Chicago.! Helena.
A V Stewart. Chi. W S Whitman. St. P.
E Jones. Wallace.
I A J Rowe. N Y.
T W Lee, city.
G Laumon, Spokane.
I J J Valentine & wife,
I S. F.
W H Kennedy, city.
J Gram, city.
R E Smith, S F.
M C Maple. S F.
G T Gray, Oakland.
W F Doolittle, Oma.
c H Gardner. N Y.
H S King. S F.
Miss King. S F.
S L Conklin, N Y.
A J Brawner. N Y.
H E Whaiey. St. P.
D C Henney, S F. jE J Sawyer, St. P,
Hotel Butler, Seattle.
European, rooms with or without bath,
$1 per day up. Restaurant and Grill room.
Hotel 'Chilberg-, Tacoma.
European plan. Headquarters for com
mercial men. Free sample-rooms. Steam
heat, electric light. I. Chilberg, proprietor.
Rainier Grand Hotel. Seattle.
Opened October 29. American plan rates
J3 to J5. De L. Harbaugh. Prop.
Occidental hotel. Seattle, removed to
Third and Cherry sts. A. A. Seagrave, prop.
Looking Better
feeling better
better in every
way. There's
more consolation
in that than well
people stop to
ponder. To gety
back flesh and
spirits is every
thing. $
of pure Cod Liver Oil with Hypo
phosphites is prescribed by lead
ing physicians everywhere for ail
ments that are causing rapid loss
of flesh and vital strength.
Scott's Emulsion will do more thaa
to stop a lingering Cough it fortifies
the system AGAHSP coughs and colds.
Prepared by Scott & Bourne, TJ. Y. All drugzists.
quickly. Over 2,CC0prwate endorsements.
Prematureneis means ImDOtency in the first
stage. It Is a symptom of seminal weakness
and barrenness It. can be stopped in. 20 days
b7 the use o f Hu dyen.
The new discovery was made by the Special
ists of the old famous Hudson Medical Institute.
It is the strongest vltalizer made. It is very
powerful, but harmless. Sold for 81.00 a paefc
a?oor6 packages for 85.00 (plain sealed boxes).
Written guarantee given for a core. IfyoubnT
Bix boxes and are not entirely cured, sc mora
will be sent to you free of all charres.
Bend for clrcuarand testimonials. Address
HDni'nw,lT", "-"TTTIJTK.
Junction, Stockton, Market and Ellis
Streets, Sun Kranclsco, Cal.
esusuiPTion
SURELY CURED.
To the Editoe Please inform your read
ers that I have a positive remedy for the
above named disease. By its timey use
thousands of hopeless cases have been, per
manently cured. I shall be glad to send
two bottles of my remedy free to any of yonr
readers who have consumption if they will
sendme their express and postoffice address.
T.A.Slocum,M.C.,183PearlSt..Ke-irYork.
mm
ll If. -3k Ik he
I'V&V V
' M2
nJfrSI ISiIpIS Constipation,1
ordinary Ke- ffiSf!W Dhzinera, 1
.?,f.i iflej.fa sationB.Kerv-
S?nd"fui ki'tH Doetwitchlng
discovery of tf'i.efl Df the eyes
the age. It JU7j7?J and other
has been en- i:yj' 1 -Mits
dorsedbytho jWxT-M v -. -
leadlDgscien- (fJrgS l Strengthens;
tiflc men of ILlfql'H Injlgomtea
Europe and iEW?t4 and tones the
America. sf-.jJ! feij mtlresystra,
ffi.yTeSe- I'fli'l NerJouMe
Hudjan stops fi'-l (,-3 ''3 Emissions,
pagii h'&$& ra
days. Cures ll hi Vr? i)? itwT loaej
LOST ktt W -4 day oer
MANHOOD fa rP - t AtEtopped