The Oregon daily journal. (Portland, Or.) 1902-1972, February 21, 1919, Image 4

The Oregon daily journal., February 21, 1919, Page 4, Image 4

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Newspaper Page TextTHIi OKEUOir DAILY JOURNAL, PORTLAND, . YR1D AY. FEBKUAKY 21, McFarland Bill Lake 6 'BirJd. Meserve Is Passed ng Converm Malheur. BARREN PATENTS I FOUND INVALID; COURT IS PROOF Attorney General Brown Declares State N eed Not Respect Aged Rights of Paving Corporation; DEATH KNELL IS' SOUNDED Payme nt on Royalties Can not Be Collected, Is Opinion Sent at . Request of House Resolution,. Salem, Fe. 21-Warren Brothers com pany hM no patent on bithulithic pave ment which the state highway depart ment Is required to respect, according to an opinion sent to the house of rep resentatives Thursday afternoon by At torney General Brown. u The opinion was written in response to .a resolution of 'the house and a request sent by the roads and highways com mittee of that body, in which the at torney general was asked whether the company possessed a patent which the state's road makers were obliged to re spect in letting contracts for the con struction of paved highways. The request was the outgrowth of the action . taken by the house a couple of days ago, when it passed a bill direct ing the attorney general to determine whether the Warren Brothers company possessed a patent and directing the highway committee, if it were to be found that the patent claimed by the company was invalid or of doubtful val idity, to proceed to lay blthulithlc pave ment without regard to the company, at the same time providing that the attor ney general should prosecute or defend for suits that might arise with the com pany, take them to the United States supreme court if necessary, or pay the costs of the litigation out of the state highway fund. . Death Knell Sounded The opinion of the attorney general would seem to sound the death knell of the Warren Construction company In this state, so far as its ability to com pel the payment of royalties, or control the use of blthulithlc mixture is con cerned. That portion of the attorney general's opinion which deals with the main ques tion at Issues, is as follows : "An examination of the patent shows that it Is dated June 4, 1901. and ap plication therefore was filed January 9, 1901." The opinion quotes a section from the United States patent law and contin ues: "From the foregoing provision of the United States patent law it is seen that any patent continues only for the term of , 17 years. This provision has re ceived the consideration of the United States supreme court in a number of cases. Referring to the date of the pat ent, it Is self, evident that more than 17 years have elapsed since its issuance, and we cannot escape the conclusion that It has expired. t ; Quotes Sapreme Coert "Referring to the second part of your question. I quote from the opinion of the United States supreme court in the case of Singer Manufacturing company against June Manufacturing company, as follows : " "It Is self-evident that on the exnira- tion of a patent the monopoly created by it ceases to exist, and the right to make the thing formerly covered by the pat ent become public property. It is upon this condition that the patent is granted. It follows, as a matter of course, that -IF Shams in , Clothes SHOW IN THE WEAR Good clothes have not been so plentiful the past two years. The cost of clothing your self has been a serious task." The best way to overcome this is to pick out your clothier, and trust him. He knows materials better than you. Make use of his knowl edge. FOR SPRING let us sug gest "Kenneth Durward" English overcoats; smart, rain or shine. We are exclusive agents Corbett Building, on the termination of the patent there passes to the public the right to make the machine in the form in which It was cnstructed during the patent.' "As said by the court in the language quoted, the conclusion there expressed is self evident and would hardly require the Judgment of the highest Judicial tribunal in the land to declare the same, but since It has been called upon and has done so, no other conclusion Is pos sible. I, therefore, answer both por tions of your question in the affirma tive," COUNTY JUDGES TO KEEP TP POWER House Puts Skids Under Attempt to Have Probate Work Given to Circuit Court Salem, Feb. 21. The house Thursday afternoon by an overwhelming vote re fused to strip the county' judges of the state of their Jurisdiction over probate work and other matters of law .as pro vided in a bill fathered by Representa tives Dennis and Hare. According to this bill the county judge would have been made simply a, member of the board of county Judges to act in mat ters of road work and other business coming under the jurisdiction of the commission. Delegates from the smaller counties raised strenuous objections to the provisions of the bill, which would have transferred probate and other mat ters of law to the circuit court. Under suspension of the rules the house rushed through a bill appropriat ing $67,600 to cover salaries, per diem and traveling expenses of the legislators. clerks' and stenographers' hire and con tingent expenses of the session. An ap propriation of $25,000 for legislative ex penses had been passed earlier in the session. , Other bills passed by the house Thurs day were : . ' H. B. 169. by joint horticultural com mittee Appropriating $15,000 a year for investigation or crop pests. H, B. 224, by Hughes and Bean Pro viding for fish hatcheries on Santiam and upper Willamette and fish ladder on Deschutes river and appropriating 115, 000. I T. B. 225, by Hare Appropriating $40,813.18 for vocational training In Ore gon, to be matched by a like amount by the federal government, under the pro visions of the Smith-Hughes act H. B. 237, by Gallagher Appropriat ing $1000 for Malheur County Fair asso ciation. N H. B. 260. by Woodson Amending statutes relating to roads reaching lands not already on public road. H. B. 263, by Dennis Providing for regulation of professional engineers. H. B. 303. by Clatsop county delega tion Appropriating $10,000 to recon struct and maintain fish hatchery on Klatskanine river. H. B. 306. by Thrift Relating to hunt- ine deer with dotrs in Coos and Curry counties and providing penalty therefor. H. B. 438. by Gallagher Appropritlng $10,000 for eradication of predatory ani mals and injurious rodents in coopera tion wltn federal biological survey. U. 8. S. Oregon Asked For Use of Militia Salem, Feb. 21. The senate passed a memorial Thursday afternoon petition ing the navy department to loan the United States steamship Oregon to the Oregon naval mint . for a training ship. The memorial was introduced by Sena tor Moses. 1 Miners Bar I. V. W. Knoxville, Tenn.. Feb. 21. (I. N. S.) The United Mine workers of America, district 19, comprising Kentucky, Ten nessee, Georgia and Alabama have pro vided for immediate dismissal of any miner who joins the I. W. W. MEN'S WEAR, Fifth and Morrison. NEGRO EQUALITY BILL RESURRECTED AND THEN SLAIN Woman Legislator, Who Admits She's Southerner, Twits the Republican Members of House. LEWIS GOES INTO HIDING Multnomah Solon Brought Back by Joe Singer and Casts 'Nay' Vote With 30 Other Members. By A. L. Lladbeek Salem, Feb. 21. After having narrow ly missed sudden death by the uncere monious indefinite postponement route at the hands of members of the house Thursday afternoon, the negro equality bill was sufficiently resurrected, through timely intervention on the part of Rep resentative Smith of Multnomah county, to provide an hour and a half of excite ment, mixed with a considerable amount of levity, before being finally killed by a vote of 31 to 24, with four members absent. The bill, which would have extended equal privileges in hotels, theatres and other public places regardless of race, was introduced February 3 by Repre sentative Coffey by request of tb Afro American league. It was then referred to the Multnomah delegation, where it rested for a week and was reported back with the recommendation that it be re ferred to the committee on health and public morals. There it was allowed to rest for another week before being re ported back to the house without recom mendations. In the meantime, however, the original bill had been stolen from the desk of Representative Kim ore, sec retary of the health and public morals committee, and It was necessary to re copy the measure from the printed bill in order, to get it on the desk. Appeals to Republicans When it came up for third reading in Its regular order yesterday some mem ber immediately moved its indefinite postponement. Evidently it had been ex pected that this treatment would be sufficiently harsh to banish the question from further consideration at this ses sion of the legislature. At least the mo tion met with a resounding chorus of ayes and Speaker Jones was just on the point of announcing that the measure had been killed when Smith of Mult nomah jumped to bis feet and Insisted on being heard. The Multnomah representative strenu ously objected to the railroading tactics of his colleagues and" called upon the "Lincoln Republicans" In the house to at least give some consideration to this appeal of the colored ' citizens of the state whom they were wont to laud so highly about election time. Representative Mrs. Thompson fol lowed Smith with a protest against the treatment accorded the colored delega tion which had brought the .bill to the legislature by the members of the house. Seek to Shift Responsibility "This bill came from the colored people of Multnomah county," she de clared, "and yet several members of that delegation refused to introduce the measure when requested to do so by the coldred delegation." Several " members of the Multnomaah delegation jumid to their feet with a denial of the charge. They had" never been approached with the bill, they de clared, in fact, they did not even know that there was such a bill in the house until it had just been called to their at tention. ' "That's strange," countered Mrs. Thompson, "when the bill was referred to the Multnomah delegation and was ih the hands of that delegation for a whole week. What were you doing with it all that time?" Then she reviewed the stormy path over which the bill had been compelled to travel before coming Into the house to be manhandled - as a final end of its career. "The members of both the Multnomah delegation and the committee on health and public morals had all tried to evade their responsibilities in the matter by sending it back to the house without recommendations," he declared, adding that it had been a laughing matter among the members for the past two weeks. Twits Republican Members "I am going, to vote against this bill because I am a Southern Democrat and still harbor the prejudices of the south toward the colored race," she concluded, "but not one Republican member of this house can vote against it and be con sistent. We have heard you boast for years as belonging to the party of Lin coln, Lincoln the emancipator. Lincoln .who struck the shackles of slavery from the negroes of the South. You cannot vote against this bill and be consistent," she challenged, in chiding the members for their attempt to avoid responsibility in the issues by trying to bury the meas ure under an avalanche of recordless noes. A rollcall was demanded on the ques tion of indefinite postponement, and what had been an emphatic defeat of the bill under the acclamation process, was now turned to victory with the vote of the members recorded, 25 members DONT LET A COLD; GATHER HEADWAY Nick it right at the start with Dr. , King's New Discovery Go after It hard. Relieve It or a cough or a mild attack of grippe or bronchitis promptly, pleasantly, effectively, eco nomically. Loosen the stuffiness, check the sniffles, the tight feeling, the Irrita tion, the watery, inflamed eyes. It takes only a little of Dr. King's New Discovery to help the usual cold and cough discomforts if taken according to directions. A large bottle lasts long and is pleasant for young and old. Keep it handy colds and coughs come unexpect edly, suddenly. 60c and 11.20. ' Stir Those Torpid Bowels Enjoy the 'freedom of the , regularity made possible by mild yet positive act ing, natural, pleasant comfortable Dr. King's New Life Pills. "Not hablt-form-Insr. but a system cleanser that promotes healthful results. 'All druggists. 25c Ad. voting against the postponement and 23 supporting it. - . Bat the victory was only temporary. The indefinite postponement was de feated and the bill was placed upon third reading and final passage. Several mem bers were absent and a call of the house was demanded. . , Representative Smith of Multnomaah insisted that his col league, Representative Lewis, be brought in and compelled to express himself on the measure. . Lewis Blames the Democrats After an absence of several minutes Sergeant-at-Arms Joe Singer returned to report that the missing Multnomah dele gate had .locked- himself In a committee room on the third floor. "Take the door-keeper back Vith you and bring him in dead or alive," ordered the speaker, with a twfpkle on the "dead." The searching party was so long in returning that the house turned to other business in order to conserve time, but as soon as the sergeant at anna and doorkeeper returned with Lewis in their custody the roll call on the bill was ordered. Lewis had been found locked In a com mittee room and only came out after Singer had threatened to break in and get him. "I don't .want you to think I was try ing to dodge a vote on this question," pleaded Lewis when the house gave him a chance to explain his absetice. "Of course not," chorused the house. The responsibility for the negro ques tion was one for the federal administra tion to shoulder, Lewis insisted, and not a question to be determined by this legislature. The democrats in power at Washington, he insisted, should act on this problem. I Joe Singer Makes Capture "When Sthe Democrats at Washington get through correcting some of the evils the Republicans overlooked in their 50 years of power then they will come out and clean up Oregon," countered Smith of Baker. , Mrs. Thompson took a turn at grilling Lewis, declaring that two years ago he had introduced a bill .permitting in termarriage between negroes and whites which was a much more radical measure than the one under consideration at this time. The intermarriage bill, Lewis declared was a frame-up on him. but he had been a good sport, he insisted, and had stayed "put." The roll call proceeded. Suddenly some one shouted r "There goes Lewis," and there he was edging through the crowd that filled the gallery, toward the door to freedom. But Joe Singer was on the job and recaptured him and brought him back to face the music When it came his turn to vote he proceeded to pick the bill to pieces tech nically and voted against it because, he declared, it was unconstitutional and of no effect. How They Lined Up The final vote on the bill was as follows : Yes Coffey, Gross, Dedman, Dodd, Edwards, Fuller. Gallagher, Gordon, Griggs, Home, Hosford, Idleman, Jones, of Lincoln and Polk, Kubli, Lafferty, Richardson, Schuebel, Sheldon, Smith of Multnomah, Stewart, Weeks, Woodson, Wright, Speaker Jones. Noes Ballagh, Bean, Bolton. Brand, Brownell. Burdick, Burnaugh, Childs, El more, Gore. Graham of Lane, Graham of Washington, Haines. Hughes, Hunter. Hurd, Lewis, Looney, Martin, McFar land, Merrlman, Moore, Richards, Ro man, Sidler, Smith of Baker, Thompson, Thorns, Thrift, Westerlund, Wheeler. Absent Crawford, Dennis, Hare and Lof gren. ' SENATE APPROVES One Mill to Be essessed in State for Improvement of Rural Highways for Farmers. Salem. Feb. 21. After passing the big $10,000,000 road bond bill for the im provement of the primary roads of the state, it was an easy matter for the senate Thursday afternoon "to pass S. B. 283, by Pierce, which provides for a one-mill state tax for the improve ment of market roads. This tax is in addition to the present quarter mill state road tax. The bill provides that the state market road fund shall be expended by the highway com mission In its discretion, and that before any portion is spent in any county the county must match it dollar for dollar. There was but little discussion and no opposition to tne bilL Other bills passed by tne senate Thursday afternoon Included the fol lowing.: H. B. 288, by Wright Defining min eral lands. H. B. 239. by Dennis Providing for appropriating rights of way for highway purposes.. II. b. 670, by ways and means commit tee Appropriating money for legislative expenses. H. B. 425, by Gordon Providing for licensing of real estate brokers. H. B. 338, by Jderriznan iteiaung to irrigation ditches. H. B. 207. by : Smith of Multnomah Relating to electric wiring. i II. a. 44Z, by Jackson county aeiega tlon Regulating the rights of - cattle growers and sheep and goat growers to range in Jackson county, and providing for. a penalty to be recovered by-cattle growers i against sheep-, and goat grow ers infringing upon the rights of cattle H. 429, by Dennis Amending the law relating to the bureau of mines. II. B. 132, by Martin Requiring a li cense for all insurance agents. H. B. 321, by committee on salaries of public officials Providing that county courts shall designate salaries of deputy county officials. - 11. 430. by Lairerty Providing for voting, on .question of . dogs running at large?" - . " H. B. 285, by committee on assessment and taxation Relating to time f or pay ing taxes. - j- H. B. 127. by Edwards-Tncreaslng the salaries of county -officials' of Tilla mook eoupty. , , . ... " 'See Wilson's Millinery ad. page 8. AdvL Did You See Edith at the Danzant Saturday Evening? She looked bo cpiffy. Her new dress is a dear, so different, and so suited to her particular style. She told me she had e-ard luck in deciding on it. thouftfi. for there were so many - to pick from at Cherry's, where she always vbuys her clothes, that she could hardly decide which one to take; I'm going down there Just as soon as I can. And the best Is, she only has to pay on liberal credit terms, and -that -does-help so much. 389-91 Washington street, Plttock block. Adv. MARKET ROAD TAX BIRD PRESERVE BILL WINS AFTER MUCH Rffl 1 State Biologist and Gun Clubbers Scathingly Grilled in House for Favoring McFarland Measure. 'STEAL' HELD 'COLD BLOODED' House Approves Plan to Retain Malheur Lake as Natural Home for Wild' Birds. By A. L. Llndbeek Salem, Feb. 21. State Biologist Wil liam L. Finley and members of the Portland Rod and Gun club came in for a scathing grilling during the debate which preceded the passage of the Mc Farland bill, converting. Malheur lake into a game' preserve by the house last night. The bill, it was charged, was an attempt to rob the school funds of the state of Oregon of 57,000 acres of land in order to create a hunting reserve for Oregon sportsmen and incidentally cre ate a few fat jobs for Finley and his friends. The school children of the state had been "buncoed" into petitioning the legislature to lend its aid to this "steal," It was further charged. Thirty-three members of the house voted for the bill, 22 were opposed to the measure and four were absent. Rep resentative' Gallagher, who lead the fight against the bill? changed hla vote when he saw that his cause was lost and announced that he intended to call the bill back for another hearing. Several Argue Favorably Representative McFarland, who intro duced the bill, read a letter from a resi dent of Harney county to show that the tan. EXTRA 11 - Wl bill was favored by the people of that district, : He was followed by Represen tatives Lewis and Kubli, also of the Multnomah delegation, with appeals for the protection of the birds by the crea tion of a bird reserve and the perpetua tion of the memory of Theodore Roose velt through this reserve. Representative Gallagher, In opposing the. bill, denied that the .people of Har ney county favored the. bilL A few people had signed such a peti tion, he admitted, but, he declared, it was done under a misapprehension of the' facts and Mr.. Finley had admitted this when faced with the charge. The people of Harney county, he de clared, were just as much interested in the preservation of the bifJs that in habit Malheur lake as anyone else and for that reason did not want to make It possible for members of the Portland Rod and Gun club to slip in there during the nesting, season and kill them, as they sought to do through this bill. . "Steel" Too "Cold Blooded 'The proponents of the bill bad first sought to take 67,000 acres from the school lands of the state, but finding this "steal" too "cold blooded" had changed their tactics. Worst of all, he charged, the school -children of Oregon had been "buncoed" into petitioning the legislature to take this land away from the school fund. ' Finley's published statement to the ef fect that Gallagher represented capital istic interests was emphatically denied by Gallagher, who intimated that some body was either .a liar "or ignorant and "hoped that Finley heard that state ment." The charge that the. people of Harney county wanted to drain Malheur lake was ridiculous, he declared. "There Is no more danger of draining Malheur lake than there is of draining the mouth of the Columbia fiver.'7 he stated. Representative Moore of Multnomah county arose to declare that the people of the entire state were interested in the passage of the bill and flourished a handful of letters to prove, his asser tion. Representative Jones of Lincoln and Polk opposed the bill on principle. Bill Declared Ostregeoss One-fourth of the state was already In reserves, and if tia policy was to continue the state would soon be stripped of all taxable lands, he declared. Smith of Baker voiced his suspicion of anyone who sought to build up game preserves. Mr. Finley and the Portland Why You Should Bradbury System Glomes They are always best in qualify always first in the new. Now we are featuring the popular waist line models in single and double breasted styles. Then, too, there are snug fitting English models and conservative and box- ' i back coats. All materials and SPECIAL Men's Shoes $4.75 Good quality dress and work' shoes in black and These shoes were regularly sold to 57.XJ. All SL come m early. Item Loisoiuo Usod Dy Every Giuilizcd Utilzo For Over fl Qccrfcr cf A Gzztny j - i mm Loci tbr thb tfgeztoro oa tka box Rod and Gun' club, he charged, had ex hausted the game resources of Western Oregon, "and now wanted to come over to Eastern Oregon and build a fence around Malheur lake to create a game reserve for a few sportsmen at the ex pense of future residents of that section of the state. This, Is the most outrageous thing perpetrated on this legislature, ie de clared, "not excepting the Insidious pav ing lobby." Smith of Multnomah 'announced hla suspicions of the motives underlying the bill. ' . . . , - Representative Stewart told the house that the state land board ana the attor ney general had characterised the bill as ill-advised legislation, and the fish and game commission - had declared themselves neutral in the matter, "it's just a soheme to build up a nice little machine," he declared., and he couldn't blame Finley tor trying to pull down a nice, fat job. although he objected to bis method of procedure.'-, Favors Bird Reserve Representative Bean declared that he would never consent to ceding another foot of Oregon soil to the federal gov ernment, but jthat he was heartily In ac cord with the principles of this bill. Time may come, he declared, when tie birds would have to give way to the settlers In Harney county, but he did not believe that such a time had ar rived just yet. He admitted that he was not familiar with the conditions sur rounding Malheur lake, but hoped that the legislature would make it Impossible to drain the lake and maintain It as a breeding-ground for wild birds. On roll-call the vote on the measure stood as follows : Yes Ballagh, Bean. Brand, Ohllds, Coffey, Cross, Dedman, Dennis, Edwards, Fuller, Gallagher, Gordon, Gore. Griggs. Hurd, Idleman, Hosford, Kubli, Lewis, Looney, Martin. McFarland. i Moore. Richards. Richardson. Roman. Schuebel. Sheldon. Sidler. Thompson, Westerlund, wneeier, speaker, Jones. I No Bolton. Brownell, Burnaurh.Dodd. Elmore. Graham of Lane, Graham of Washington. Haines, Hare. Hughes, Hunter, Jones of Lincoln .and Polk. Laf ferty, Merrlman. Smith of Baker. Smith of Multnomah, Stewart. Thorns, Thrift, weeKS. wooason, .Wright. Absent Burdick, Crawford, Home, ijorgren. -. ; Seasoned slabwood- and Inside wood, green stamps for oush. Holman Fuel co. Main &3. A-IS5.-Adv. Buy . colors to please your particu lar taste. $25.00 to $55.00 Open a Charge "Ac count you will find it mighty convenient. Washington St. EMM0 Sidelights On Legislature 'Perhaps If I had had the privilege ' of securing a high school education," declared Representative Mrs. Thompson on the floor of the house In defense of 'Senator Patterson's tuition fund bill, "I wouia now oe sitting In the senate of the United States instead of in the lower house of the Oregon legislature." And although she smiled when she said. It friu fir rT th. nn 1. KA ... - . aAHtA..M " -. p " m wus j. new- um i seemea to indicate mat sne , might get to Washington yet in spite of her educational handicap. Senator Eberhard told his colleagues of the ways and means committee, In an effort to check a flow of personali ties between two of the members from the lower house, that he "understood that the house sometimes Indulged in such encounters, but that . the senate never stooped to petty" personalities." And the very next .day it happened. Hereafter when the senator from Union county attempts to pass any bouquets to his side of the legislature he should "knock wood." Inasmuch as the only flaw to be found In the entire Oregon country lies In the unequal distribution of Its sunshine and its rain a move is. now on foot in the legislature to arrange for an exchange of a considerable quantity of Williamette ' valley wetness for a few glimpses of Central Oregon sunshine. A call of the house is demanded. The Minnesota legislature enacted only eight laws in a six months' session, ac- -cording to an advocate of a longer term . for the Oregon legislature, whereas the Oregon salons were expected to pass several hundred laws in only 40 days. Which, it must be admitted, is an un answerable argument In favor of a much longer session. . . Lebanon Boy to Stay In East Lebanon, Feb. 2T. Mr. and Mrs. Z. I. Brown of this city -have received word from their eon, Loren, that he has been , discharged from the navy. Brown baa been serving as electrician, stationed at Norfolk, Va. He writes that he will ' not return home as wages are much higher east than oh the Pacific coast. He graduated from the Lebanon hleh school four years ago. - at 10th !L.