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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Jan. 12, 1909)
6 THE OREGON DAILY JOURNAL, PORTLAND, TUESDAY, EVENING, JANUARY 12, 1909. ATURE--SHOUID.-R DKCI t says mimm ESPECI mm , Governor Chamberlain's message to the legislature of Oregon Is given verbatim herewith: - ;! 1 Gentlemen of the Senate and House of : Representatives : Section 11 of article V of the constl tution 'provides that the governor "shall from- time to time give to the legislative t.saembly information touching the con dition of the state, and rwconiiMdhd such measures as he shall judge to be expe - dient" r and la pursuance of this re- , 'inirvment, I submit to you as briefly as it is, possible to do. a report as to the condition of the state's finances and in stitutions, and make such recommenda- lions as to me seem at this time ex , pediebt -' a v ' Election of a Senator. - My message to the legislature In 1907 contained the following with reference to. tne election or United States auna .., tors: , 'The provisions of the direct primary : nominating- law, with, respect to the .election of a 'United States senator should e carried out In letter and in i- spirit.- At the last primary election rrewran n. aruiKey received me noni Ination of the Republican oartv for sen. : a tor for the sort term, and Jonathan . Hourne for the long term, while John M, Gearln received the nomination of tne juemocratic party. -At the election held later, - Mr. Mulkey received the highest number of votes cast for the short term and Mr. Bourne for the long term, whilst a majority of the members. " elect (Democratic and Republican) of me legislature pieogea themselves to vote ior, me cnoiee or tne people lor : senator. ut wnetner they aid or not. the people have expressed their choice lor . the Important ; office, and their y wishes should be respected and obeyed. V end the gentlemen who have been nomi nated by the people ought to be elected unanimously for the short and the long term, respectively. I-suggest that this be done as soon as the legislature is or ganised, so that the work of the session may proceed and the time which has heretofore been devoted to this purpose may be given to legislation vitally af fecting the welfare of the state." - When the election occurred, the vote f of the senate and the house was unani mous In favor of Mr. Mulkey, with only three dissenting votes la the house and four In the senate with reference to Mr. Bourne, showing that the members of the legislature respected their pledges, and that many who took no pledge nevertheless obeyed the voice of the people with respect to tha election of senators. The fact that a majority of this . legislature subscribed to pledges promising to vote for the people's choice for senator.-supplemented by a law en acted by the people commanding all members of the legislature to vote for the people's choice for senator, Is a suf ficient guaranty that the election this year will be as summarily disposed of as It was two years ago, and the time of tn legislature devoted to the connld-1 ratio of measures of public interest 205.3. and Is all loaned except $840.30. The amount of interest accruing from loans of the Irreducible school fund fur 1908 and distributed among the coun ties of the state was $256,067.20, as compared with $247,289.13 for 1907. All of these - educational funds are'' in ex-- ceuenrcondltion. Civil War Claims. ...- Some time in August, 1906, Mr. Fred erick la. Siddons, of the firm of Halston & Siddons. Washington. 11. C called upon me with letters of Introduction, to take up for discussion the claim of the state of .Oregon growing out of expenses Incurred and moneys paid In raising troops for service in the United Mates army during the civil war. Former officials of the state had, in years gone by, employed John Mullan to look after these claims, but the result of my discussions with Air. iridrins Was, that on the 8th of November, 1906, the secretary of state entered Into a con tract in writing with John Mullan and the firm of Ralston & Siddons to prosecute the rlaims of the utale against the 1'nlted States. " and If was agreed that whatever sum was collected should be paid to the treasurer und the com pensation of the attorneys, which was to be 10 r"r centum on tne amount re covered, was to ba audited and paid as other claims against the state'." On the 31st of December, 190S, I received a telegram from Ralston & Siddons that the court of claims had, on that day. made an award in favor of the tate for $198,000, and I suppose the money will in due course be paid into the treasury. I am glad to report the mat ter to you, for the claim has been pend ing a long time for adjustment and set tlement. Forest Reserve Receipts. The receipts from the forest reserves In Oregon for the year ending June 30, 1907, were) as follows: Blue Mountain E. and W.. $59,648.65: Cascade. N. and S., $25,615.89; Freemount, $4,467.37; Goose Lake, $11,617.37; Heppner, $8, 130.97;' Imnaha (Chesnlmmus)a ami Wallowa, $22,073.86; Maury Mountains, $771.94: Siskiyou, $489.91; Wenaha, $7,- 093.55. Total. $139,808.91. Ten per cent i of this amount, to-wit, $13,980.89. wa Hies and bv-me paid to the treasurer! of the state October 80, 1907. ' It will devolve npon tne legislature to provide for the method of expending this sum ror me Dene nt oi tna puone schools and public roads of the coun ties in which the forest reserves are sit uated. In accordance with agricultural appropriation act for 1908, approved March 4. 1907. '.- Finances.'. , . The financial condition of the state was never better than It was at the close of the fiscal year. The reports of -the .treasurer and. secretary of state show in detail the receipts and disburse ment during tbjs two years ending Sep tember 80, 1908. and the balance now In the hands of the treasurer of the sev eral funds of the state. . At the time of the financial strlng "c'hlch. occurred during November and December, 1907, the slate treasurer banks"" the stats In, the following The Oregon Trust & Savings bank .................... $ 85 431 21 '-' ' ZVa Merchants National bank 12!47$20 The Title Ouarantee Trust "'"8SU CO. .... .'......... . . . .lA7AfitK1 The Title Guarantee & Trust Co. (educational fund) .... 288,428.87 The deposits in the first two banks were fully secured to the treasurer un- -2ir.ith- iJ?n.uln, '.w. Paed at the last -nwsttion of the legislature, and $100,000 ?f that deposited with the Title Guaran tee & Trust Co. was similarly secured. Jhese several amounts were promptly paid by the American Surety company. The' balance of th rinoi h- S.ut??.loTL"B.t eompany, amounting aecurea-io tne state b),th ??n( tn "tate treasurer, upon which the . American Surety company and other were sureties. At, . merit of this was made with the Ameri can Surety company under the terms of .. . . ., , Kiutu ana imusiea the matter with the state, paying a part In cashf and giving their contract for i5qKoiiarfVA0Ke.thr the sum of $295,910.68 with interest at the rate of , P8rnt Pfr, annum, payable on or before December 81. 1909. Already Ihc $2mIanyJha" pald this contract $33, 723 . Notwa dollar was lost to the state, and the promptness with which the American Surety company adjusted he matter entitles It to commendation. The contract between the state and the company is on file with the secretary of state, and for the terms upon which the settlement was made the legists tuEL "Ptfully referred thereta The balance now In the hands of the treasurer belonging to the different funds of the state Is on deposit In the numerous banks of the state, but in each case the treasurer holds securities therefore exacted by him under the de rosltory act of 1907, and the bond of the treasurer to the state for the faithful performance of his duty la held as ad ditional security. The duty of approv ing the securities taken by the treasurer Jrom the several depositories Is vested H.in Ue executive. bLt In the treas urer and attorney general. I do not be-J-Xh-i.P.'1? r "anger of Io98 to the state in future if the provisions -of the depository act of 19T with re "P!0., ?ePit of the state funds is strictly observed. Tax Levy. It must be eiDected in i Jure of things with the steady Increase In population and the consequent in crease In the burdens and expenses of , Toiuiuim wi uit tax levy will be higher, unless subjects which now es cape taxation are brought within the taxing power. - I fear to mrnmm, revision of the assessment laws of the state, but It Is unfortunate that some system has not been adopted to bring uttumwiif or assessment and taxation In the several counties of the pmib. ine constitution requires that taxes shall be uniform and Mini h Is a well known fact that in -most of ..c TOunura oi me state, personal prop erty and money almost entirely escape taxation. In some counties lands are '"w i iron onumrq to one-half of their actual cash value, while In others it Is assessed at two-thirds of Its value, and in none at the actual cash value, as required by law. Until some uniformity of assessment' is devised there must be inequality of taxation, nd so long as some property escapes iauuu Bura7 mna reai property Is not assessed at cash value, the levy for 7 uu uu purposes) must cos tlnua to be high, and taxation must lack m cuuiuiuuunai requirement of equal ity and uniformity. , Educational Funds of the State. V ,.!2UI,S1'. 5cho1 Fund The Irre ducible school fund of the stats has in- ilTA'lT'? two year. ?ro i.io.so. Jl which sum 14 711 If i. nveted l, first mortgage-roiVaw! . ;,?,ool 'cTst'rlc? Oolt -2V'a4n8d, per cent per annum; $S5 4?0 S t jSL tlftcates ef ale et school Yaoda bLZini i per cenu T per rent .V.?"". i a i - , - pr cent: Five Per Centura Fund. Five ner centum of the sales of public lands within the state for the fiscal year ending June 30, 1907, amounting to $74,001.17, and from the same source for the fiscal year ending June 30, 1SHIK, amounting to t,twu.i:, nas Deen received by roe from the secretary, of the treasury of the United States and paid over by me to the state treasurer, to be distributed In conformity with lav?. State Lands. The reDorts of the state land board and state land agent show . the trans actions of the board' with respect to school. Indemnity, and other state lands. The price of school lands has heen raised to 85 per acre, and in some cases t slightly larger price has been ob tained, while the price received for In demnity lands Is $8.75 per acre, which covers the expenses incident to perfect-InB- the selections, netting the state about $8.65 per acre. At no time In the history of the state has so large a price been received, for It must not be for gotten that the prices now being ob tained are for lands which are left over after the best of the princely grant which was made to the state tiaa Deen disposed of in former years. It is very greatly to be regretted that the school lands were not in years past held for higher prices, for had this been done the Irreducible school fund might have been larere enough to have made it un necessary to levy a tax for the support of the public schools. The report of the state land board with reference to desert lands shows the present status of each of the segre gations made under the provisions of the Carey act, and contains the forms of contract, together with the rules and regulations which I have from time to time been adopted by the board for the protection of the State, the irrigation companies, and fne settlers. Your at tention is particularly called to these records, and I am glad to advise you that with the exception of a suit now pending with reference to the Columbia Southern Irrigating company, no trouble Is being experienced In caring for or dis posing of the public lands of the state. r .v t . - ,s:;v -r.. ; ft ' ' " s ix'"' " ? S " ; ' i ' . . v ' s II :o ; ' - . . k - ,hs ! : t y . , . - f - V It. ' ' , v f, " v , I T i . - ' s ' i ' v Wi ? " j Governor George E. Chamberlain. 10 years the population will increase 100 per cent. ' I trust tliat a committee of the leg islature will carefully Investigate con ditions at this institution and report fully as to the needs theiof. The Penitentiary. Acting upon the Resumption that the purposes to be subserved by the ad ministration of criminal justice are three-fold, namely: First, tho protection of society; secoiil the punishment of the wrongdoer, and third, his reforma tion, the penitentiary has been con ducted during the last six years along lines entirely at variance with those heretofore In vogue. Stripes have been done away with; cruel and unusual pun ishments have been abolished, and al though strict dlscipliue is maintained the prisoners are treated more humane ly than ever before. The result has been good, and it has been found that where a disposition upon the part of the officials is evinced to place some confidence in the prisoner, It is appre ciated, and is not apt to be betrayed. It has been my policy to assist wherever possible in i storing convicts to useful citizenship, particularly where in my oplniojti the three purposes of punishment have been attained. In this work I have hnd tne active coopera tion of the superintendent, wardens and emnloves of tha uriftnn as well ns tha Prisoners' Aid society. Rev. K. W. St. I tlon has been open for the reception of t-ierre, ana vainer a. a. wioore, ana l"0 minuea, ana ror tne recom ltentiary If the same system Is adopted with reference to that institution as was heretofore ndopted with respect to pa tients for the asylum. Convicts should be conveyed to the penitentiary by offi cials of that Institution, without other cost than their actual expenses. The cost for this service to the state under the present system for the two years ending September 30, 1906. was $13,573.45 for 378 prisoners, an average cost of $36.91 per capita. For the two years ending September 30, 1908, It was $17,726.74. for 462 prisoners, an average cost of $38.31 per capita. The cost of conveying 314 insane patients from. July 1. 1905, to July 'l, 1906, was $5668.52. an average cost of $18.05 per capita. For the two years ending September 30, 1908, it was $14,911. if for 882 insane. un average cosi or sie.ai per capita. It will thus be seen that a saving of more than 50 per cent may be' made to the state and the prisoners transported In custody of men trained In the work. Institute for the Feeble-Minded. The report of the superintendent of the institute for the feeble minded shows that the institution has Just been completed and Is being organized for the purpose of its creation. Your at tention is directed to this report for In formation as n what hna hun nn. during the few neeks that the instltu- for the stats to proceed Independently la the matter. ."' v Insurance Commissioner.' , The growth of the state, and 'the de- ! velopment of its business Institution! uhs un so rapid, max n seems 10 me (he time' has arrived for making some "hange in the insurance laws-for the etter protection of the oeople. The law vhich requires the deposit of $50,000 .t'lth the state treasurer as a condition jpon which foreign Insurance .companies may do business In the sate, results: First, in keeping many strong companies out of the state, and, second, in driving business men to insure with companies outside of the state, because those here have not the facilities for carrying the J amount oi .insurance necessary lur uj protection, it security is to be demana ed from a company as a condition to its doing business in the state, a surety company's bond ought to bo sufficient to protect the holders or policies ana tnose aoing business with such company, The suggestion Is often made that a re peal of the deDosit law will result in In viting. Irresponsible underwriters to the state, but this can be guarded against by establishing an insurance department and the appointment of a capable insur ance commissioner as is done In other states. Such a department ought to be created now, and ought to be entirely divorced from the office of the secretary of state. It is Impossible for this latter orrieer, with the numerous duties wnicn the law devolves upon him, to give that attention to the insurance business of the state which. Its Importance requires. The insurance department should be presided over bv an experienced Insure ance commissioner, - With such a depart ment and such a commissioner, vested with amnle author! t v. there would be no danger to our people oa account of the admission to the state of irrespon sible companies. I trust that this mat ter will be taken up seriously by the legislature and riven that careful con sideration which lta importance de St foreclosure W;Trash "tTiU 4 84.S9; the balsn thererm.Vg Vf and is secured by the ohliil lyiv American Surety company. drYil , t.rst at the rat. of ta- um, and due and payable Dcm,w .. Uh0,'fh the oomri nd thereof in advance of maturity and '-3S. Tht agricultursl eofs,..' anw smounts to litiii , .1 nil btaii'd extsiftt $.!. and i iiiumir imiij jTtn U $194,. tfr!0!r-al t'.v The Soldiers' Home. There were 131 veterans of the Mex ican, Civil, Indian and Spanish-American wars in the home on the 30th day of September, 1908. By virtue of a rule which was adopted before my in cumbency, those drawing a pension In excess of $12 per month were not ad mitted to the home, but on the 27th day of February, 1906, this limit was changed to $20 per month, for the rea son that there were many old soldiers who could not live on their pension, and who were yet deprived of the privileges of a home. As soon as the change In this limit was made, the commandant reports that the membership Increased to its present number. The home Is In excellent condition, and the relations between the old sol diers and the commandant, officers and employes is most cordial. The ranks of ths old veterans are gradually thin ning, and those who, by reason of wounds, ill health and misfortune are unable to earn a support, are enuiieu to the tenderest consideration of both the state and the nation. Asylum for the Insane. The report of the superintendent deals at length with present conditions and needs of this institution, and I in vite your particular attention thereto. It will be necessary, as is suggested by the superintendent, to expend quite a considerable sum of money in order to place the asylum In a condition tq properly care for and treat the Inmates along the lines of Improved methods for the care of the insane. The superin tendent and his assistants are to he commended for many Innovations which they have made, particularly. with reference to the installation or a bacteriological department, and the ar rangement of quarters with the limited means at their command for the treat ment and separation or patients at met ed with tuberculosis. The record of the percentage of recoveries as dis closed bv the superintendent's report Is quite remarkable, and it is due to the splendid attention bestowed upon these unfortunate wards of the state. It- cannot be too persistently urged ucon vour attention tnat oetier racui ties must be Installed soon for protec tion aaainst fire. The state nas ma one warning, and nothing but prompt and vigorous action upon the part of the officers and attendants at the asylum, ably assisted by the fire de partment of the city of 8ajem. pre vented the entire destruction of the mala asylum building, and the possible loss of a number of lives. This hap pened since the adjournment of the fast legislature. Unless something Is Ldone, snd that promptly, the time will come wnen tnere win oe a most terri ble holocaust at the Institution, , Tha responsibility must rest upon the legislature. and not - upon the board of trustees - ana ' tbe - su perintendent and off leers of the asylum wno nave not been given the means ui which to install suitable safe- guaMts against fire, although the Warn ing bas been sounded and the demand has been msde time and -time again In the past and Is renewed now, both by the superintendent and by me. The In stitution is BOW tarriu4 to Urn limit and moneys must be anoronrlatni either to build a new asylum or enlarge the facilities of the present one. The rpunuon mereor increases -In pro par. tlon the population of lfw t,i l. creeses, and it is safe to predivt that in I have made It a part of my duty to keep in touch With the institution by visit ing it on frequent occasions and accord ing the inmates interviews whenever requested so to do. Under the indeterminate sentence law passed in 1905, when a minimum term of sentence has expired, and there is some one ready to take the prisoner, give him employment and report month ly upon his conduct, it has been usual to parole such prisoner, except In cases of "repeaters." but unless there Is an opportunity to furnish employment to the convict so as to take away from him the temptation to fall back again into criminal ways, he is not usually paroled at the expiration of the mini mum term of sentence. In the cases of those released it has been ascertained that most all of them returned to use ful employment, and In only a few In stances have the paroles been revoked and the. prisoner returned to serve out his unexpired term. , I have also, during my term, con ceived the Idea of conditionally com muting or pardoning a prisoner where the facts Involved In the conviction seemed to warrant- it, reserving the right- upon condition broken to return him, to the penitentiary. This condi tional commutation or pardon has been sustained by the supreme court of this state ,and it has been found to be a strong factor in restraining the' re leased prisoner from the commission of a crime. I The administration of justice is un even. To Illustrate: There are 10 judi- t ial districts In the state. A man may be convicted In one of a simple, felonv and scntenoed to a long term In the penitentiary; while in another, where me crime commit tori is the same and u" , Blmost identical circumstances, the prisoner may be given a very short term. It seems to me that l i a ro-. of the duty of the executive branch of ii ib suvernraeni to equalize, where con- unions warrant, this apparent inequality in the administration of justice It may he that I have exercised too fre quently tho power of the executive In behalf of prisoners, and that an occa sional mistake has been made, but in the aggregate the results accomplished have been most beneficial, for the public lias been relieved of the support of the convict, he has been restored to useful citizenship, and in many cases he has returned to the suppprt of a dependent family who, during his Incarceration, were the objects of charity. The efforts in most states have been directed to making the prisoner earn, during his term . of Imprisonment, his cost to the state, but that effort, it seems to me, bas ben in the wrong di rection. Experience has proven to me that men nre now confined in prison who have wives and little children sup ported by pjibllc charity, while prisoners are barely earning for the state their daily bread. A poor return. Indeed is this mere pittance for the suffering of the family and their burden to the com munity! Some system oyght to be adopted snd crystallised into a statute which would leave the prisoner to be supported by the state, but compel his earnings to be paid to his wife and fam ily. If a general policy of road con struction with convict labor ia to be adopted, the earnings of the prisoner should go to the support of those de pendent upon his labor, if there are such persons; otherwise, to the state, to be kept until the release of the Individual, so that he mav not he tnmnt nut less to return to. a criminal a word, it ts cheaper for the taxpayer mendations made nk to futur n a Art a Thero is no question but that the In stitution will be a facto for great good. Other State Institutions. The reports of the superintendent of tne Oregon Institute for the blind, for deaf mutes and the reform school are before you for consideration. These are ..j .cpiitiB wun inrormatlon that I do not deem It necessary to do more than call your attention thereto and to the recommendations of the several, super- The institutions are well managed and keep abreast with those of their kind in other state of the union. State Board of Agriculture. The annual fair held under the aus pices of the state board of agriculture has grown to be one of the most Im portant factors In Industrial, agricul tural and horticultural development The last showed an Increase In receipts over any one previously held of about -6 per cent, as shown by the follow- "6 Receipts for 1902. . Receipts for 1903. , Receipts for 1904. , Receipts for 1906. . Receipts for 1907. . Receipts for 1908. . . $19,240.58 25,375.83 2.44-4.02 23,103.22 36,375.66 45,114.47 It may be safelv rlntmri that factor has played a more important part n stimulating the livestock Interest, in Improving methods In agriculture and in horticulture, and in attracting the at tention of the people of other states to .1 iMtaaiiMuiy ot our son and climate. Because of the inadequacy of buildings and accommodations for exhibitors and others, the board was compelled last 5T?rt0 lncur an Indebtedness of $6. 249 40, as follows: Addition to grandstand, 30x260 tce $3875.50 Race department stables, 42x220 'eet 1260.00 Creamery annex 960.00 Grandstand extras 25 70 Horse barn and creamery extras 48!20 These improvements were of a per manent nature and were necessary to meet the public demands, and I record mend that an amount sufficient to meet their payment be appropriated. The amount appropriated annually for the payment1 of premiums Is too small, and it has been exceeded each year as the fair has grown In usefulness and Importance, and It Is because a part of the general fund has hen premiums that the above indebtedness had to be incurred. The appropriation for premiums ought to be increased to meet the growing demands of the people Many improvements of a permanent nature are needed, and I rn,tw quest that a committee be appointed by the legislature to nimlu k - .... " nivuiiMo. conrer wan the officer of the board and dona , " "V"" Water Supply for State Institutions. As the population of the .t.i. i creases, that of the charitable, penal and reformatory institutions increases in the same proportion. The question of a more ample and purer water supply Is becoming a vital one, and particularly with reference to the state insane asv- mm. i ne neaith or the unfortunate confined In Shi lntl.,.i' m.-.V1."?;" to maintain the prisoner during his In- f "unless something is done In the verv rarne ration and 1 va tt ihn.. ,4np fninn n Mil... . v. ,;!, 'ct' Educational Institutions. . The arrlcultural college and the State university are In excellent condition, and the enrollment is larger, than ever be fore.. The noliev has been to raise the standard of both each year, bringing them on a oar with the higher educa tional institutions of tha country. Like all of the state Institutions, with the In crease . of oonulatlon in the state, the enrollment of the schools will be goeater, demanding each year larger appropria tions to meet actual needs. I hone that comm. Ittnes of the legislature will visit both the university and the agricultural college and acquaint themselves with the present needs of both Institutions. Normal Schools. Under an act of the last legislature the. normal schools of the state were placed under one board of regents and their report nas oeen mea wui governor. It will be rouna mat mere is a greater uniformity in the course of study, and a better system In vogue In thH schools, under one board of reg ents, than was possible under a board for tha control of each. ' There Is no ?u est ion but that there Is a . necessity or training schools for teachers for the public schools or tne state, ana it these training schools are to be main talned thev ought to be placed on the basis of the highest efficiency. A ma jority of the board of regents have rec ommended the continuance of the nor mal schools at Monmouth, Ashland and Weston and have called attention - to their needs, if they are to be contin ued. The appropriations suggested are large, but they are no larger than will be necessary to thoroughly equip and i maintain the schools so as to attain the best results. It Is folly to under take to educate and train teachers for j the public schools by any starvation policy. In order to have a good public school system It is necessary to have well trained teachers, and they cannot be obtained except from properly enuipoed normal schools. I trust the legislature will once and for all settle the normal school ques tion and probably tbe best way to do it Is to act upon the recommendation of the regents and make provision for maintaining tnree scnoois in tne state. Indian War Veterans. For more than half a century the state nas neglected to pay a lust aeot due from It te those who risked their lives and gave their property for the protection of the homes of the early settlers of this state. There is no question but that the different Indian tribes of Oregon and Washington in 1855 ahd prior thereto, entered Into an alliance to prevent any further settle ment of the white man In the north west. The governor of Oregon terri tory called for volunteers to suppress hostilities, and those who responded to tha call furnished their own arms, horses and equipment. The legislature of the territory of 1856, agreed to pay the volunteers while engaged In these Indian wars at the rate of $2 per day for their services. $2 per day for the use - of their horses and further pay for horses lost, killed or disabled while In service. Claims of the survivors of these wars have been paid within the past few years o far as personal serv ices were concerned, but the Btate has neglected to compensate them for the use of their horses or for those which were disabled or lost. If the obligation for personal service was a Just one, the letter is equally as binding upon the state, and tha survivors ef thesa cany inaian wars ougnt to be paid by the state the moneys which are lustiv due them. It Is not a question of, char ity, it is a aent or nonor, which the state cannot arrord to repudiate. nation of the various railroads in -the state, following the Wisconsin and Min nesota plan of having the railroads sub mit inventories and appraisements cov ering the original cost ana cost or re production, c Testimony has already been taken - as to about 800 miles, and the railroads are preparing Inventories end appraisements as to about 1100 miles more. This when done will cover prac tically all the important lines in the state-.': The information thus obtained can be rftAdilv verified as to oris-inal cost , items, and by the employment of one or more competent engineers to check the engineering Items ' which re quire expert analysis. The method pre scribed by the commission is by far the cheapest, .and has been found to be lust as efficacious as having the state make tne inventory in the first instance, rite importance or a extermination or tne value of property devoted to the DUbllc use Is evident, as it Is, or ought to be, the basis of rate making, taxation and capitalization, The increase in trans continental rates, effective the first in stant, both east and west bound, is un der ' investigation by the commission, and it Is proposed In the near future to take some-appropriate action in refer ence thereto. The effect of this increase in . rates is far reaching, and . affects the welfare, of the entire, west, and an exhaustive examination will be neces-sary-to ascertain even approximately the Mwni or ne increase, The commission is to be commended ror tne splendid work it has done, is do ing and will do. . It has usuallv been able to Beit tha railroad nomnanlea to compiy wun its requirements witnout litigation, and it la probable that much more can be done In future than . haa been done in the past Library Commission. I call particular attention to the re port of the Oregon library commission. It shows a steadily Increasing Interest in libraries and In library work through out the stats. The commission serves the cities of tbe state Which are organis ing public libraries by the practical help i iratnea uorarian, as well -as tne villages and other districts by supplying library facilities which the state offers these communities in plaoa of the library advantages of the cities. The plan of cue commission id maica its star iinrorv a traveling one has resulted in the col lection of 6000 of the best books dis tributed throughout the state at 90 sta tions with a record of about $6,000 books loanea to readers during the biennial period. The commission has delivered to the schools of the state during this ferlod (4,825 volumes, at a cost of $30, 89.79, the method of purchase resulting in a saving oi aoou one tnira to tne scnoois. The debate libraries and the Ine-lsla- tive reference work of tha com mission have shown the demand of the people of Oregon for Information; upon public questions from the experience of .other states and communities in the matters or public policy. Hundreds of eoliee tions of literature have been sent to de bating societies, granges, schools and public men, and many 'investigations have been made for members of the leg islature. The limited resources of the commission have been taxed to the Ut most to meet the demands made upon it. gon is deprived of the library privileges whieh the state has to offer. Under the Initiative and referendum amend ment to the constitution, every man is a lawmaker, and every one must pass upon public measures of first Import ance, therefore every voter should have the use of the best facilities the commis sion is aoie to give to educate and en lighten him upon the duties of citizen ship. Oregon National Guard. The Oregon National Ouard was never in a higher state of efficiency than at this time, and your attention la ealioit to the report of the adjutant general for Information ss to Its present condition. Larger support Is given each year by congress to the stales for assisting in the equipment, -maintaining and Instruc tion Of the national run.nl. harans I better jindorstood now than ever before that in time of "war It is to a well trainedfgnllitta that we must look for protection. In the very nature of things tne standing army is small, but it serves the purpose-of protection In times of peace and is a splendid factor for instruction whenever it becomes neces sary to call the militia Into service. The personnel of the national guard of this state is of the best, composed as it is of the flower of our youth from every wslk of life, and I bespeak for its needs. suggesiea oy tne adjutant general, ;uur uciimniig conaiaeration. Conservation of Natural Resources. tatlve publication as to the state and Its resources, and I know of no better body of men to prepare for distribution of information as to tha resources of the state. J- - . , The Fishing Industry. " TwJ .bills were proposed by initiative', petition at the last election regulating fishing on the Columbia river and its tributaries, and both were, duly enacted. One was entitled "A bill to propose by Initiative petition A law to protect sal. mon and sturgeon in the waters of the Columbia river and its tributaries, and In the Sandy: river, within that boun daries of the state of Orearon. anil in all waters over which the state 'of Ore gon has Jurisdiction, and' prescribing ji penalty for. violation of the law." Aria the other. "A bill to propose bv Initia tive petition a, law fbr the protection pi saimon ana sturgeon in trie wta or me uoiumoia and Bandv rivers ineir iriouiaries, ana prescribing alty for a violation of the law.1 The first measure radically changed exisuno- taws as to rismna at tna month of the Columbia river, and the second protection He wa(rs lvera ng .a peni 'changed 1 put an end to all fishing except with nooa ana line, commonly caiiea angling. In the Columbia river on any of its tributaries, at any Place ud stream or easterly from its confluence with the Sandy river, as well as in the latter river and its tributaries. ' The effect of these laws, aside from the fact that they are measurably con flicting and operate to radically chanra the nre-exlsting laws regulating fishing on tha Columbia and Its tributaries, is to bring the authorities in this state 1n conflict . With those of ' the - atata nt Washington with reference o the ques-i tlon of jurisdiction of the two state i over the waters of the Columbia. The firut act became eneratlva tmm an after September 10. 1908, and at a time when, under the laws of the stata of Washington, it was lawful to fish witnin tne territory where the Oregon law made it unlawful and With devices prohibited by that law, if the conten--tibn of theOregon authorities, was cor rect that the Jurisdiction of this state extended over the Columbia river to the wasningion snore. The authorities of the latter state contended that the Jur isdiction of the Oregon authorities ex tended only to the thread of tha stream. and that between the thread of the stream-ana tne Washington., shore line the Oregon laws were of no fore or ef fect This conflict of opinion, when the Oregon authorities attempted to enforce the provisions of the lawa between the-thread of the Columbia river and the Washington shore in a season which was open under the laws of the latter . state, and against fishermen who were amy licensed under tbe laws thereef. was about to lead to riot, when tht governors and other officials of the two- states met in conference to devise, possible, some means of averting-, blori shed, which' seemed inevitable. No ad justment could be arrived at becauso of opposing views as to the question of jurisdiction, and thereupon the state of Washington instituted a suit against the master fish warden of Oregon and his deputies and enjoined them from in terfering wun or molesting those who and the people of the state seem to ap l;Wre fishing pn the Columbia river on predate the fact that no oitlsen of Ore-f the part thereof over which that state nlfllmAil 4llH aitlntlon nnttl Ik. nn.atu,. of jurisdiction coufd be finally deter mined The Injunction was flnally made general, and the case Is now pend ing before the United States district court for Oregon, and it is hoped that an early decision way soon tie reached. In the meantime the two states ouirht to be able, through committees appoint ed by their respective legislatures for conference, to frame and pass laws which will be uniform, and have for their aim and purpose the Protection of one of the greatest industries of the northwest rather than the protection of the Individuals who may happen to bfv, ,- a a-a1 tliAMtn . F call your attention to the report of H. C. McAllister, the master fish war den, whieh is replete with information, and contains recommendations - which he deems necessary for the protection of the fisheries Industry, . carceration and give to those dependent' iuiii, ur. reserve) ror mm as a capi tal to bertn life with anew imo vTi. discharge, his earnings during impris onment. I Oil attention to the renort nt tha superintendent for detailed Information to ine prison, ana take occasion to commend him and the officers and em ployes thereof for the excellent discip line that has been maintained, the hygi enic condition of the prison, and the generally Imnroved methods which haye been successfully carried -out and which have been instrumental in niacins- th. Oregon state penitentiary In the fore front of the model penal institutions of the country. -- . ' - - i - Taking Prisoners to the Penitentiary. A great' saving can txi natter .of bringing priso effected In the near future to relieve tha ' to water, for an epidemic of typhoid fever and other diseases always is immi nent under present conditions. The citi zens of Salem have already appointed committees to Investigate the possibility of securing an ample water supply from one or the other of the mountain streams tothe east of the city, and to secure estimates of probable cost of construc tion of a pipe line and a distributive system. 'This line must of necessity come within easy reach of the state In stitutions, and I .deem It advisable te suggest that a commit tea of tha i .1.1. Ifture.be appointed to confer with a com- uiiLcr- ui tne ciuzens oi tsaiem to ascer tain If it might not be feaalhla fn ,. eity and state to cooperate in the con struction of a waterworks system upon some basis that mlrht ha W1 1 , 1 1 a V. 1 .. .1 Just to all concerned. This. Ln my opin ion m-ni K. a , ... k .....- : , . 't to the pvu-ilon, will, be much more economical than Railroad Cornrnjssion. The railroad commission Wo been In existence scarcely two years, but the work it has done has already vindi cated the Judgment of those who ad vocated its creation with ample powers and tbe legislature which passed it No one who has the best interest of the state at heart will for a moment listen to a suggestion for the repeal of the present law. The commission has moved with caution and with extreme conservatism, but it has . accomplished splendid results, and Its members are to be commended. Attention was first given to betterment of the service, and a comparison of the service today with mat or two years ' ago is invited to prove that Ha efforts have resulted tn Improvement It has brought about the bulletining of delayed jtralns, regula tions have been prescribed and enforced as to the hours that station buildings snouia oe opened, ana as to lighting and heating of depot and lighting of platforms, ss well ss to sanitary con- VAnl ha . .1.11 V , . . si sisiiuna um on - trains; new depots have been ordered and con structed at Albanv. (Is a ton alrli a Lyons, and additional station facilities have been procured for Woodburn, Mon mouth. . Salem, Anlauf. Haines, Jeffer son street Portland, Milwaukie and oth- ... . commission has done efficient work In the matter of livestock shipments: the service is now better than ever before, the yards are cleaner, and prices for feed more ressonahle, lnt. " .ld.it,'n t these things, new oiun, luwiing cnuten ana other con- vsnienc-s nave neen constructed at va rious nlaces. , - The commission has taken up many questions Involving rates, and some of these are pending In the courts. Ia the Portland distributive rate case a redue- itvu aiuuunung to aoout 14 per centum in all ahlpments between Portland and points east of The Dalles was -ordered. This order was enjoined In the federal court and Is now pending there. Fares were reduced on the Milwaukle-Oak Grove -line, snd appeals from the order are now pending in the court. A re adjustment of passene-er fares en the Astoria St Columbia River railroad on a more uniform and somewhat lower basis ' was secured and a f relent sched ule put In force on the Coos Bay. Rose brg A Eastern Railroad snd Naviga tion company. The rates charged for transportattori ot,, grain from eastern Oregon to Portland, and all rates charged by express companies, are now under 4nvestlrtlon, and many minor complaints ralatlna- tn lnllH ,.l -,-. have been adjusted without litigation. Although no fnnria wora m able for that purpose, thecommlssiort i has been Investlsntlna- anrf mtih. siderable progress Ih arriving at theval-i In May last there was held at the wmie nouse in wasnington city, a con ference of the governors of the states and territories with tha nmint n his -advisers and others niirin,.t n . call of the president for the purpose of discussing the natural resources of the country ana taking steps looking to their conservation. Later tha I'ljiHieu m National conservation Corn mission to act In eoooerstioB with .i.t. conservation commissions, and a confer ence of the national anri att Stat. V I Ss Ions was held in Washington city In De- vc.uw., i lurmer constfier the questions for which the first conference . . , vi i in vv one nous. The at tention of the rountrv haa haa v. these meetings to tha r&nM itu,i. i our natural resourcas. Koth and non-renewable, and to the necessity of those resources which b nu- and the reproduction of those which it is possible to reproduce. In many of the states the forests have been destroy- tha .i . 'j r" " imines are being wastefullv rohhe r their stores; soli erosion is rapidly tak ing piace as tne result of deforesta tion; the navigable streams are In flood at certain seasons and unnavlgable at f,merl 'of'"1 same reason, and the time bas arrived when something must be done by state and nation for the protection f the present and future .cimi.uuri.. uregon is tne richest state in the union In forest and in mineral ','.1 ""it" nave not Deen eisposed of by the national government or wast ed or destroyed to satisfy Individual or corporate greed, snd It behooves our people to see to it that these resources are cared for and protected. Tha Ore gon commission appointed by me in pursuance of the request of the presi dent, consists of the following well uuicui u ine mate: j. Teal C 8. Jackson, R, W. Montague, Profes sor J. R. Wilson and J. -43. Stevens of Portland; Honorable R. S. Beam and Professor V. a, "Young of Eugene? Aus tin T. Ruxton anfl Honorable Wilbur "-.""".ii w "asningion county: Hon. S5f,V'-Jf- iUT-1 Bnkr City; Judge Will R. King of Ontario; Professor K t iiTi,: 0.r,"'""; wonorsble Ffanic state engineer, of Salem. These gentle men, at a great sacrifice of time and mtney set to work with diligence Im mediately after their innnintmt .'a prepared a splendid report of the nat ural resources of Oregon, and their con d'yon, finely . j Lustra ted and full of siweurai iniormaiion. Theirs was the only printed-report In evidence at the recent conference In Wash Ins ton city, and It was not only in great demand but presented fn most excel lent ahape the present condition of the rS"VU? V, "Uu- 11 Probable that the national and state conservation commissions will be continued, for they have but he run lha vnrli ba-...- be done though I believe that federal control of the undisposed of natural re sources, as well as naVlaabla nt.r. etate and inter-state, and tributary streams whether as affecting navlga- ..., iui purposes or irrigation Is festyet I fully realise the difficulties In the way of such control. In the meantime, as a means to the end of co operation between tha federal i.j .t.i. authorities for the purpose of bringing about. If possible, the enactment of a uniform code, as well as for the pur pose of collecting .definite information as to the resources of tbe state, whether of forest of mineral, of water, or of Other related sublacta tha ntmiii.tn. ought to be created by set of the legis lature and a limited epproprlatlon made to defray the expense of the work nr essary to be done tn acnmpHah the purpoay of Its creation. Constant ap plications are made for -some authori- Water Legislation. A carefully prepared code of water laws was submitted to the last legis lature for enactment but was defeated. The need for such legislation was ap parent then; It is more apparent now and as time slips by and more land Is brought under Irrigation, the difficul ties growing out of conflicting claims to the use of water become more diffi cult of adjustment. A sub-committee of the state conservation commission has been appointed to prepare a bill on the subject, to be submitted to the legislature. They have had the matter under careful consideration and have listened to discussions by experts on the subject and there Is no doubt but that a bill will be reported to meet the necessities ln this stata It ought to receive the careful consideration of the legislature. The experience of other states has proven that in order to be effective, legislation upon the subject should cover: 1. Complete' (federal where that Is possible, or) state control of diversions from streams. No water right in fu ture should become vested except by ap propriation under the laws, rules and regulations prescribed by the state, and the diversion of water without right from a publlo stream. Including all knowingly wrongful Interference with the rights of others, to the iniurv of an. other, should be made a misdemeanor. 2. A system whereby the priority and limitations of every existing right to the use of water can eventually be ascertained. S. Provisions for a reliable record In some central office of all rights to tint use of water as determined, and of hew rights as initiated. ' 4. That actuAl meaatiramanta o ditches and streams be made an a basis for the adjudication of existing rights and for the Initiation of new rights. 6. To provide a definite nrocadura whereby rights to the use of water can be acoulre 6. That beneficial use be made the basis, the measure, and the limit of all rights to the use of water, and tha water for irrigation purposes ehoiild be made appurtenant to tha land irria-atad i. n ngnts to tne use or water for power development should be limited to some specified time, subject to renewal under certain restrictions. . 8. An efficient administrative sys tem, with proper officers, for the dis tribution of the water suddIv amone- tfaose entitled to its use. 9. An adequate system of fees' nair- able to the state by those benefited, so that eventually the system shall become self supporting. , .. i. .. Unappropriated Water Powers. The unaoDronriated ati nnmm of the state ought to be reserved for the use of the public. Many of tha moat valuable waterx powers have been appro priated by corporations and individuals, not for present and sometimes not even for future use, but for the purpose of speculation. There Is some evidence that a deliberate purpose has been formed by persona of other' states who understand and know the future uses to which these powers may be put, to ac quire, under laws now In, force, the tin- ' spproprlated powers of mountain anA.-. "i oumi steps uugnv id ds- I taken to prevent this. All rls-hts to tha V. use of water for power development should be limited to some soecifiaA - 1 time, subject to renewal under certain restrictions, and compensation should be charged b the state for tha' use thereof. If powers acquired for a lim ited and specified time are not put to beneficial use within that time, there should be a forfeiture thereof. The time will come when the water powers ef this state which are at present un appropriated, will become very valuable, snd if they are held by the state, a revenue may be derived therefrom that will go far toward the reduction of tax ation. - . . . i .- . .. . (Employers Liability Law. r- An aet was passed by the legislature of 190$ known as the "fellow servant law." It was made applicable to rail way employes only, and has been most beneficial In Its results. The purposes , of the act should be extended to all