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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Feb. 17, 1907)
THE SUNDAY OREGOXIAN, PORTLAND,' FEBRUARY 17, 1907.; BLAMED -FQR.-S1NS OF PREDECESSORS Brix Logging-Stream Bill Has an Uphill Struggle at Salem. FORMER MEASURES BAD All tiave Kscluslve Franchises for Fso of Waterways by- -Logging . Companies Pending Legisla tion Not So' Objectionable, SALBM, Or., Keb, 16. (Special.) The Rrlx logging stream bill, Iver which there is now a etrong fight In the Legis lature, differs In a number of respects from the bill which created a similar storm four years ago, yet it retains one principle of the former bill that of giv ing logging companies thp right to Im prove streams and to condemn private property, when necessary. In making the streams navigable for the floating of logs, shingle bolts, etc. It Is this pro vision over which the contest Is being waged. Without this the bill would be of no assistance to the lumbering inter- eats. With It, the opposition will not he satisfied with the bill, no matter how many other concessions may be made. The purpose of the bill is to enable logging companies to remove obstructions from small streams and to construct mp. thereby floating their products clown streams which would not other wise carry logs. Unless the stream thus usrd is declared public 'highway and the company Improving the stream a common carrlcf, there would be no foun dation for the authority to condemn property. The right to use n stream would be useless unless It carried" the right to condemn, for whenever a . dam Is constructed the back-water overflows lands of others, causing damage which the owners are entitled to enjoin. Gave Kxcluslve Privileges. Hills introduced for this same pur pose in former sesslontv-uf the Legible. lure cave the company improving . a stream the exclusive control thereof and authorized, the charging of fees for trans porting logs of others. Under those bills the owner of timber In the vicinity of the stream would be at the mercy of the company in control of the stream. The present bill doeu not contain these dras tic features, but provides that any per son may float logs thereon- by paying a Jiist toil, which, if not agreed upon by the parties, may he fixed by suit In equity. Any person owning logs tribu t;iry to the stream may float the same upon the stream without paying tolls. but must float the logs at his own ex pense. The right to use the stream is not to be exclusive In any manner. The bill, as amended, also provides that rights, already being exercised for a bene ficial use uhall not be condemned, and that only such portion of existing rights shall be, condemned as shall be neces sary.. Condemnation proceedings are to be brought in the Circuit Court, and the Circuit Court Is authorized to appoint seven viewers to investigate the amount of damages suffered, and - to report to the court, which report shall be advisory only, and not decisive. Existing dams are not to be Impaired, provided sluiceways are maintained, to let the logs through. During the low stage of a stream flash dams are not to .be constructed in such a manner as to Interfere with the use of water for power purposes. The bill as it now stands lies no limitation as to the tlm a right to use a stream shall continue, but this will be amended so as to estab lish a limit of 20 years, or perhaps 15. The friends of the measure assert that it Is necessary for the full development of the lumber Industry, opening many hat's the w To break down your vigor Most people need all the vitality they can secure. Some have an excess and proceed to destroy jt with one or more of the sedative drugs Tobacco, Coffee, Whiskey or Mor phine. All belong to the same excess vigor to improve business, or whatever pur suit they may be engaged in, but they seem to prefer to nullify it with drugs. However, each one must make choice and pay the bill. The one who can let out cof fee when it is known to be slowly setting up disease of some of the organs is worthy of praise. , The change from coffee and its aches .ind ails to well made Postum with its com fort and health, is really quite easy, for the deep seal brown 6f Postum changes to the rich golden brown when cream is added and the fla vor (when made according to directions). is very like the mild high giades of Java coffee. But the change drives out the coffee troubles and the old condition of comfortable health returns. " There's a Reason " for " Postum timber lands that are now practically in accessible because the streams cannot now be used. It is averred that small owners of timber lands who can not now get their logs to market would be able to do so If the streams were improved. Some of Arguments Made. Opponents of the -bill argue that this is really an attempt to take private property for private uses, and that own ers of riparian lands will suffer injury. which will be compensated bv the allow ance of damages by the court. C. -M. Cartwright, owner of the Sea side House, at Seaside, Is one of the principal opponents of the bill, because it will result In filling Necanicum Creek with logs, whereas he wants the stream, for a pleasure, resort. They also say that the particular pur pose of this bill was to furnish a remedy for litigants who are about to fall in a suit with the- Trullinger Mill Company, which has water power rights on Yamhill River. Lumbering Interests are support ing the bill, while power interests are op posing It. It was asserted today that the bill prac tically has been defeated and that it can not secure votes enough to pass it. If this is true, the bill has probably suffered more from the dements or former ouis on the same subject t-han it haei from any unsatisfactory provisions of its own. Bills previously proposed have been of such a nature as to create prejudice against anything that has the name of "logging stream bill." and even a merit orious measure must overcome that pre judice. - EXPLAINS HIS AMENDMENT REPRESENTATIVE ' f FREEMAN MAKES A STATEMENT. Wording of Proposed Change In Land Laws Was Read and Fully Explained to House Before Vote. PORTLAN-D, Feb. 16. (To the Editor.) Tn The Oregoninn yesterday a dispatch from ' Salem was .printed to the effect that the land-otflce had discovered a daring plot to a Id 'the land-grabbers, and that 1 was suspected-and apparently im plicated with them in' their efforts, for having' offered an amendment to the land bill, while it waa being considered In committee of the whole. Your article -further insinuated that the word "may" had been changed to "shall" at my request, without the knowledge of the Hotrae, alter the amendment naa been offered, and ibat there was a joker In the amendment. While extremely .distasteful to me to be in the position or."'!expialnlng" my ac tions in the Legislature, I reel tnat sucn a gross injustice ha been done me that I am entitled to be heard outeide of the Legislature, for in the House of Repre sentatives I do not believe there was anv misunderstanding. The matter under consideration was the land bill, prepared by the state land board, and among other provisions of the bill the board (in eection 9) was given the absolute power "to hear and decide all disputes between applicants, to cancel and annul certificates of sale obtained through fraud or in any Illegal manner and all their acts and decisions as to the legal title, and the right to a certificate of sale or deed from the state shall be final." It will thus be seen that the board had the absolute right to say whether a certificate holder-was an in nocent tone or a guilty one. Section 35 then provided that the board "may tn Its discretion" refund to the In nocent holders of any certificates ob tained on fraudulent applications the money paid the state thereon and inter est. The amendment I offered was that the board may refund that money to such in nocent certificate holders or shall issue to them a deed upon full payment of the balance of the purchase price and in terest, thus making It mandatory to do one thing or the other, after they had found the certificate holders to be inno cent. Having the absolute final decision under their own procedure as to the guilt or innocence of any certificate holder, the state could not lose a dollar in either pay ing tne money oaok to tbe ones it had adjudged innocent or giving them deeds upon full payment. In fact, under the amendment. If -the Use With Coffee? family. They could use that Ever read one of these genuine letters? INSOMMA Leads to Midirn, If not Remedied la Time. "Experiments satisfied me, some years ago." writes a Topeka woman, "that coffee was the direct cause of the insomnia from which I suffered ter ribly, as well as the extreme nervous nfss and acute dyspepsia which made me a most painful thing for me. i naa Deen a cotree drinker since childhood, and did not like to think that the beverage was doing me all this harm. But it was, and the time came when I had to face the fact, an protect myself. I therefore gave It up. abruptly and absolutely, and adopted Postum Food Coffee for my hot drink at meals. "I began to note Improvement in my condition very soon after I took on Postum. The change proceeded grad uauy. Dut surely, and it was a matter o- only a few . weeks before I found myself entirely relieved the nervous ness passea away, my digestive ap paratus was restored to normal effi clency and I began to sleep, restfully and peacefully. . inese nappy conditions have con tlnued during all of the five years, and I am safe in saying that I owe them entirely to Postum Food Coffee, for when I began to drink it I ceased to use medicines." Name given by Postum Co., Battle Creek, Mich. "There's a reason." Read the little book. "The Road to Wellvllle," In pkgs. land was worth more than the state price, the board could refund the money: If It was worth less. It could give the deed. Under the law without the amend ment the board had the power, after adjudging a man to be an innocent cer tificate holder, to give him the money back, or in Its discretion keep both the land and the money. Common honesty would require that the state do not keep both, and the state could not keep both after adjudging the certificate holder to be innocent without going into the bunco business. I offered the amendment written that the state "shall" pay the money or issue the deed to the innocent holder of the certificate. It was sent to the clerk's desk that way. During the debate, which occupied some time, several members asked that the proposed amendment be read and the reading clerk read it "shall" and when Mr. Barrett of Washington, who was In the chair, put the question to the House he said: "My understanding of the amendment is that it will make it j mandatory' upon the Board to either pay the money back or )6sue deeds to Innocent certificate-holders," or words to that ef- fects, using the word"mandatory," how- j ever. Where is there a joker in this amend ment? Where was the House deceived? Mr. Thompson informed the reporters. upon inquiry, that the word "shall"' was In the amendrnent when offered and was read that way and sent to the engrossing committee that way, and instead of "or dering him to change It" I requested him not to change it. but leave it "shall" as Intended. Mr. Barrett will confirm the other statement. I understand that Land Agent w est was In the hall at the time, and he probably saw the amendment afterwards and caused a reconsideration for the. reason that he wanted absolute discretion to do as he pleased In such cases, and did not wish it to be made mandatory to do one thing or the other, but -preferred to be in a position where he could refund the money , to one innocent certificate-holder and refuse it to another. After the amendment was adopted ! asked Speaker Davey. who had been sit ting with S. G. Brown, of the Land Office, if it was satisfactory to him, and he said "Yes."'and that he thought the amendment ought to be in the bill. vv hen presenting the. amendment to the House I stated I did it on behalf of an attorney for .- some innocent certificate holders and explained that these men had been refused their money back or deeds, whereas the -Governor and- Board had given deeds In similar cases to other innocent holders to about 200,000'acres or thereabouts, and In the argument over the matter I believe I stated a number of times that it was to compel the Board to do one thing or the other after they found a man to be Innocent, give him bis money back or give him a deed. The press did not report my statement of the facts of the case to the House nor mention the chief clerk's verification of my statements before the House, and did not mention that the debate turned on the-very question as to making the Board pay the money back or give a deed, and the published articles throughout inti mated that the House had no knowledge of this and was deceived. If any member did not understand that this . amendment made the matter mandatory it was be cause he was asleep or paying no atten tion to the reading clerk, or the debate. or the Speaker's explanation before put ting the vote. Your article in connecting my name with land-grabbers" and "plots" has certainly done me no good, and I believe I am en titled to a full refutation at your hands of the insinuations contained in your dis patch and in the statement that the resb. lutlon of the House holding me entirely free from blame or improper motives was a whitewash. " FRANK F.- FREEMAN P. S. The press dispatches were similar for the reason that the reporters prob ably all went direct to West to ascertain the reason for wishing to remove the mandatory provision, and he probably would not offer the only excuse that he did not want his authority reduced. COMPELS RESERVE FUNDS HOUSE PASSES MORTHCP'S IN. : : . SCRAXCE BILL. Requires Iife Companies to Prowfct Policyholders by Setting Aside Percentage of Premiums. SALEM, Or.. Feb. 16. (Special.) Bv a practically unanimous vote. Northup's bill requiring old line life insurance companies to create a reserve fund from a certain percentage of the premiums received for policies passed the House this morning. Northup ex plained that the bill was similar to the laws that have been passed in the Eastern States for the protection of policyholders from wildcat or unre liable insurance companies, a fact that had caused such companies to transfer their field of operation to the West, a number of them having already invad ed this state. For this reason, the en actment of such a law In this state was necessary for the proper protec tlon of policyholders here. The bill does not apply to beneficiary orders. The House today passed a bill by "vCasbburne to enable the husband or the wife to transfer property that was acquired subsequent to the time the other was committed to the insane asylum. But this right exists only during the disability of the spouse so afflicted, and in no sense applies to property that belongs to "the husband and wife Jointly, which can only be disposed of through the regular pro cedure of guardianship. In its original form this distinction as to the char acter of the property that could be so transferred was not clearly and speculcally Indicated and for that rea son there were strenuous objections to the measure. The bill was re-referred to the Judiciary committee, which eliminated any uncertain and objec tionable provisions. Senator Bowerman's bill allowing County Courts to designate the loca tions of County High Schools when there is a contest between two or more places will be favorably recommended by the House committee on education. The House ' committee on education will unfavorably report Senator Blng ham's bill relating to desecration of Decoration Day by baseball games. horse racing, etc. The original bill prohibited anything of this character during the tmtlre day, but the Senate committee amended the measure so as to reserve only a few hours each day to its observance. The report of the House committee has the sanction of old soldiers, who contend that they would rather no law should be enacted on the subject unless the entire day is to be set apart for a proper observ- Tlie joint committee on ways and means this morning favorably reported to the House the Senate bill appropriat ing $120,000 for the purchase of a site and the. erection of a building for the feeble-minded; $50,000 annually for the maintenance of the State Agricultural College, and $15,000 for the experiment station at Union. T ii House today adopted S. J. R. 7, offered by the committee on Judiciary, proposing an amendment to the con stitution by which the number of jus tices of the State Supreme Court shall be increased from three to five, and OZOMTTLSION GUARANTEED Under the Food and Drugs Act June 30th, 1906 Serial No. 332 OLD and YOUNG Suffer alike from General Debility. It is a very common disorder, and results from a variety of causes. It should not be confounded with fatigue, which is transitory. In General Debility, the weakness, unless arrested, will gradually increase and finally become permanent. For this reason great care must b exercised in the use of the proper rem edy. What is wanted is something that (Trill restore the lost energy and build Bp the system. This can be had in n is mm mm Th4 Cc4 Livtr Oil Emultian "Pat- EMalltnct." It renews the appetite, restores the nerve tone and enriches the impover ished blood, v . It is a food as well as a medicine, and supplies the . nourishment neces sary to enable the organs of the body to properly perform their functions which means perfect health. Ozomulsion is the kind Physicians Prescribe for Colds, Coughs, Con sumption and all Pulmonary Troubles; Scrofula. General Debilitr, Loss of Flesh, Anaemia and all Wasting Dis eases. For sale by all drugs-ists. There are two liari tot. and lf-oz. Bottlesj tne Formula is printed in 7 languages on each. Ozomul8ion Laboratories 68 Pearl street. New Tork. THESE $3 HATS $210 CLOSING-OUT SALE SALEM WOOLEN MILLS STORE providing further that . all probate business shall be transferred from the County to the Circuit Court. The pro posed amendment will be submitted to a vote of the "people at the general election in 1908. VETOES MADE SPECIAL ORDER Four Measures Disapproved Will Be Considered Tuesday Afternoon. SALEM. Or.. Feb. 1. (Special.) The House has made the Governor's veto of four House bills a special order for 2 o'clock Tuesday afternoon. The bills so vetoed by Governor Chamber lain are: House -bill 37, appropriating $125,000 for the State University; House bill 80, increasing the salary of Multnomah County Auditor from $2000 to $2400 per annum; House bill 241, Freeman's compulsory pass law; House bill 115, restoring the Sheriff of Mor row County to the fee system. Raton Insisted that the House immediately proceed with the consideration of the State University bill; but Coffey sug gested that the importance of all of the measures was such as to entitle them and the veto message of the Governor to the fullest consideration. When it was shown that several of the House members were absent, Raton consented to deferring action, as suggested by Coffey's motion. The Governor disapproved of the en larged appropriation for the State Unl verslty because he considered that a greater sum was being provided than the needs of the university required, or than would be approved by the peo ple of the state. His objection to the Increase In the salary of the Multno mah County Auditor was becauso he did not think the duties of that office had increased sufficiently since the salary was fixed at $2000 to warrant any increase. Freeman's compulsory pass law, the veto message read, was merely a sub terfuge to pervert the will of the peo ple of the state expressed by an enor mous majority at the last election against the Issuance of any passes at all. The executive unfavorably reported the bill relating to the fees of the Sheriff of Morrow County because he considered that to restore that system would be a dangerous precedent to establish, all of the counties of the state having dispensed with that plan ot compensating their Sheriffs. OSTEOPATHS LOSERS AGAIN" House Postpones Passage of Bill to v Regulate Practice. SALEM. Or.. Feb. 16. (Special.) Wil son's bill to regulate the practice of osteopathy and create a board of ex aminers therefor has again been deferred in the House. It came up for third read ing and final passage -this morning, but after McCallon. who Is a physician, had attacked the measure, the bill was re ferred to the committees on medicine and pharmacy and health and public morals to be further considered. This action was taken after McCallon failed In a motion to have the further con sideration of the bill Indefinitely post poned. - . McCallon vigorously assailed the bill on technical grounds, basing .his opposition . 1-It i Kn , MULTNOMAH $3.00 H ATS SEE OUR . WINDOW DISPLAY ' ON third; STREET Corner ington ROSENTHAL'S - on the fact that the bill proposed to give the right to use anestnetics noiwnnsuimi ing the fact osteopaths deny the theory of medicine and surgery. He further AhnrmLi .i... t th. iniu itI nrnnosed to re quire of applicants for examination as osteopaths that they pass practically the same examination that is required of regular medical practitioners, ne mu an earnest appeal for an unfavorable disposition of the bill by the House. Campbell ventured the information that the Senate had passed a bill similar to that under consideration ra me nm... onrf rnr that reason ha moved that the Wilson bill be laid on the table until the Senate measure could be reached. Wil son objected, saying that the bill as nns.4 in h. Senate was not the one desired by the osteopaths, who insisted that the measure as Introduced oy nun self be enacted or none at all. Speaker Davey made a strong speech for the Wilson bill and its favorable con sideration. He said there was nothing in .1. Kin ihnt m-As unreasonable or afcalnst the theories of tbe medical profession as 77 99 Humphrey's Seventy Seven Cures Colds and The Grippe. An ache In the back and a pain In the head That's the Grippe! A choke in tho throat and a yearning for bed That's the Grippe! A river of heat, then a ehlver of cold, A feeling of being three hundred years old, A willingness even to do as you're told That's the Grippe! -An arrow of pain, now in this place, now that That's the Grippe! A feeling of doubt as to where you are at That's the Grippe! A stupid sensation of course, wholly new! A foolish depreeslon why should you feel blue? A doubt es to whether this really Is you That's the Grippe! Strange visions at night, that deprive you of rest - That's the Grippe! A taste in your mouth and a weight on your chest .- That's the Grippe! A tired sensation that runs through your veins, A queer combination of aches and of pains, A vapid admission of absence of brains That's the Grippe: Somervllle Journal. Dr. Humphrey's "8eventy-seven" breaks up the Grippe and Colds that hang on. At Druggists, IS cents, or mailed. Humphrey's Homeo. . Medicine Co., Cor. William and John Streets, "Sew Tork. WE OFFER THE LATEST SPRING SHAPES IN SOFT AND DERBY For Style and Quality the . "MULTNOMAH" leads them all. We are glad there are other $3.00 hats, the comparison makes it easy to sell ours NBLATT 8 GO, Third and Morrison Rosenthal's Removal Sale IMPORTANT NOTICE This Sale will be continued until we move to our new and elegant store, corner Seventh and "Wash streets. Every Article in store is marked down, nothing reserved. We are determined to sell every pair of Shoes contained in our present quar ters during this Sale. This is your op portunity to buy the best footwear at greatly reduced prices. Portland'sBest Shoe Store applied to the protection of health. He construod the bill to provide only that the osteopaths he given an opportunity to protect themselves against unworthy ap plicants to practice the profession. But the motion to again refer the bill pre vailed. smith County Bill Passes. SALEM. Or., Feb. IS. (Special.) The House this morning passed a bill by Pike authorizing the creation of Nesmith County from that part of Wasco County south of the Deschutes River and the north part of Crook - County. Knowles MODERN SUBSTANTIAL Our Company is modern in its methods and substantial in its organization-modern because it employs the latest and most approved sj-stem in the care of its business, and substantial by rea son of its conservatism in all of its transactions and the absence of any and all speculation in its investments. Those having money to place at interest, whether for a short or long time, i large or small sums; having property interests requiring the services of a competent and substantial trustee; having any other business to be cared for will re ceive careful and courteous consideration by the MERCHANTS INVESTMENT AND TRUST COMPANY 247 WASHINGTON ST. CAPITAL FULLY PAID, $150,000.00 J. Frank Watson, President. W. H. Fear, Secretary. S. G. Catching. Assistant Sec'y, O. W. T. Muellhaupt, Cashier. 7 MAIL ORDERS RECEIVE PROMPT ATTENTION Streets our of Wasco vigorously resisted any attempt to reduce the area of his county but the bill passed witn only 0 votjujf n0- Rep resentative Moore's bill, annexing to Baker County an area from the north end of Grant, was also passed by the House, while the bill by' the Baker County Representative for the creation f Iewis County was indefinitely postponed. This was the old Vnlon County division fight, proposing that Union County he so divided as to make Union a county seat. PHOTO POST CARDS SCENERY. Klser Co. Lobby Imperial Hotel. R. L. Durham, Vice-President. i