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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Dec. 22, 1903)
jjlNGEDITJJH DAILYEVENINGEDITiON Eastern Oregon Weather 'Xpnop XUM(I 01 JXpnop XupsoupoAV pu l'l8Uox t 'i..nl PENDLETON, UMATILLA COTJXTY, OREGON, TUESDAY, DECEMBER 22, 11)03. XO. tS2( on DNESDAY ches of Legislature Resolutions for a ission. -..IS- ft I l AFTER A nui num. I Be Consloered First, Armstrong, Port. I canal, Car Shortage to Follow Republic .llMuch DIs- nww-' at Decision of Caucus uMion to Reconsider One Vote, ' (Snccial to the ;13.; Hum miimously supported n Work In Caucus. .Iitinnn'u r'UUI'IIK If mer a hot discussion, Wednesday night by a ..... this as Inst by only here Is much difference Many think the session - J L.. k ............ A.. UDU UY lilt ' uv-un .iv,- requiring time to -con- i . . ti.n nu. uaimiui: mw . i-u.iu. and Celllo canal; fourth, fifth, car sbortago rates, and sixth, flat sal- voted 10 ask iuc becro for a copy of vetoed HT oi ini ULorut:V'i:cu. on the legality of con I; the special session. nera arp niNsmiRiipn nv the caucus and will in- innpi. nr ipi-itnnnnn. c.eii aim n fiicinir mm Irion. In ttin hntiuf, und nton, and McGuire, of ire abeent, ratal right of way bill . U In the hnndB of tho Uo governor, secretary Mate treasurer to con risht of way and turn - w .ui- ii-iiuiui t;uv- He latter to build a ca- tint lnr..r... it. ii.. " Mutntv nuu hut His wen- intirnltK-i.il In tto morning. Among M Importance aro: A . nica provides no no- ""intalned against any IT rn rt.w MucoId, house bill No. railroads. Is a verv - -.v,ivivU iur iuru- wncn demanded bv 20 Urn el .1 .. .. -. lty, $25 per car and udu iuu cure IH !25 nty each. "'I be foucht for and HIV IWng balary of state luuru'r OI Aine- wUve to tho sale of KlatlTe to assessment to wnstruct a canal and tt( Plds In the- Co- j"nt memorial by "a and adopted by lift. I. or ii " Vme to in umes for Irrigation 'r wlarleg cf stat0 bitterly opP080d t0 the appropriation for the purchase of right ot way for the Celllo canal, Introduced house bill 35, to repeal tho Colllo-Dallcs portago railroad art. The bill was rejected by tho houeo. Bills Incorporating Ijstlno. Wal lowa county, passod both houses. By Blakeley, of Umatilla, a bill re pealing tho net Incorporating Adams, passed both houses. Republicans Fear the Peonle. At n caucus this noon, it was decid ed to clean up ponding legislation and finish Wednesday night or Thurs day night, at latest. Prominent republicans say it would react against their party to hold a long session and create expense. No Hope for Vetoed Measures. In an Interview with Governor Chamberlain today, and In answor to the question, "What do you think of tho house resolution to bring up the bills which were filed by the last leg islature with the secretary of state, and which were returned by you? Do you think the legislature will go ahead and pass them over your veto?" ho said the attorney-general holds that the "noxt session" means the next regular session, not this special soss.on, and, moreover, the Bcnate has moved to Indefinitely post pone action upon them, so that set tles that question. Favors Charter Bills. "While I think it is a mistake to hurry up so much new legislation in the limited time they havo to con sider tho measuros. still, I have no objection to the bills incorporating towns, changing charters, and other measures which do not contemplate the spending of tho people s money. vvnue i ao not wish to seem to make threats, still I certainly will watch all measures passed, very care fully, and exercise my perogatlve of the veto. "There aro only two measures which require legislation, the tax law and tho right of way for tho Celllo canal. The other matters can easily wan." CHAMBERLAIN TO THE MESSAGE Comprehensive and Accurate Review of the Conditions Mak ing the Special Session Necessary. All Official Procedures for the Levying and Collection of Taxes Are Stalled Until Legislation Is Effected Amendatory of Present Bungl ing Law General Revision of Tax Laws Necessary to Correct Incon. slstencles and Absurdities Which the Governor Notes. TRUCE DECLARED IN THE LABOR WAR ARBITRATION AGREED UPON BY BOTH SIDES Grand Jury Is Investigating Respon. slbllity for Riots Attempt to Hold Unions and Members Jointly Re sponsible for Orders and for Exe cuting Them. Salem, Dec. 22. Following is tho message of Governor Chamberlain, setting forth the reasons for calling the legislature together in extraordi nary session: Gentlemen of tho Senate and House of Representatives: The constitution of this statu pro vides that the governor may on ex traordinary occasions convene the legislative assembly by proclamation and that Instrument makes it his duty to state to both houses when as sembled tho purpose for which, they shall have been convened. The Tax Law as Passed. An act was passed at tho last ses sion of the legislature entitled, "An act to provide a more erflclent meth od for tho assessment and collection of taxes, and to amend sections 3057, 30C0, 3082, 30S4, 3085, 3090, 3098. 310C, 3107, 3112, 3116 and 3120, nt Bellinger and Cotton's Annotated Codes and Statutes of Oregon." (Seo Acts 1903, page 295.) In order to test the valiuiay of this law and to ascertain the effect of certain changes made thereby In ex isting laws, a suit was instituted in the circuit court of Multnomah coun ty a few months since to enjoin the officers of said county from proceed ing to levy a tax on the assessment roll for 1903. By express provision, the law re ferred to was to go Into effect and lie In force from and after the first day of January, 1904. 'rno purpose thereof was to change the dates up on which the several officials acts ro- nuired to be performed by the assess ors, by the county courts, and by the covernor. secretary of state and j state treasurer wero to bo performed uy mum. Multnomah Levy Enjoined. A decree was lendered by tho cir cuit court enjoining the levying of a tax by the county court of Multno mah county on the roll of 1903, and on appeal to the supremo court the Judgment of the lower court was at firmed. In discussing tho questions Involv ed In the suit, tho supreme court In tho case referred to. says: "All tho dates in the process aro completely shifted. That Is to say, Instead of beEinnlni; the assessment on the first Monday In March, and making It as of that date, leturulng the ron on or "' Murder. 1 1.. rk. Waited lj Zier,buband . uUU With Chicago, Dec. 22. A truce In the livery drivers' strike this morning permitted burials where hearses were used without Interference. Meetings will bo held by both sides this afternoon to arrange for arbitra tion. Grand Jury Investigating. Chicago, Dec. 22. Tho grand jury today began the investigation of local labor troubles with the object of In dicting persons who have Incited riots, or appeared In them. Public Indignation Is aroused by the attempts of pickets to prevent the burial of dead because of tho strike of hearse and carriage drivers i,(.f0ro the nrst Monday In Septem and demands some effective measures i lwri giving notice of tho meeting of against such scenes as havo been en- tU) Joal-,i 0f equalisation on tho last acted during the past four days. ' .Monday In August to examine and State's Attorney Dlneen caused a j correct the roll, making tho estimate Bummons to be Issued today for and levying the tax at the January members of the Pressmen's union term of the county court, and appor and Streetcarmen's union and others tlonlng the revenues by tho said accused of inciting riots. Efforts will ' board to the several countlen in Jan bo made to get union records before . nary, the amendments contemplate tho grand Jury. It the minutes of tho that the assessment shall begin on meetings show resolutions to employ the first Monday In January and be slugging committees, every person at made as of that date; that tho return the meetings Is liable to Indictment blmll be made on or before tho first for criminal conspiracy and the un-' Monday In July, and notice given of ions are liable to pay fines for the ' the meeting of the board of equallza acts of its members while acting as I tlon to be held ou that day; Jiat tho pickets estlmato to be mado and tax levied Publishers and railway officials ap- at tho September term of the county pear to give testimony. col,rt'.in1 I!!!?.""''"?" Ln GRAIN MARKETS. Quotations Furnished by Coe Commis sion Company B. E. Kennedy, Lo cal Manager. Pendleton, Dec. 22. Liverpool wheat opened A lower to higher, seaboard confirmed 120,000 bushels sold for export yesterday. The. mar ket openod steady to a shade higher in Chicago and a ohade lower for May in Minneapolis. There was Borne further covering by shorts and offer ings wero not largo at tho opening. Sales of stocks to noon, 131,200 shares. This explains tho stock mar ket up to tho present time better than we can. However, we might say thu situation Is unchanged wltli easier monetary conditions. Cli'cago, Dec. 22. Wheat Opening. May 82 July 1V& Minneapolis, Dec. 22. Wheat Opening. Mav 82 'A "July 81- Chleago Wheat. Chlcano. Dec. 22. Wheat 82, closed 83. Columbia county has purchaol rock crusher for $3,000 anu will build Bovoral mllos of crushed rock road thu coming year, Close. 82 77 Vt Close, 81 81 opened be mado In July, and instead of tho taxes becoming payable on tno nrsi Monday In April and October, and requiring tho sheriff to proceed to collect after the first Monday In May, to extend tho delinquent list on the roll after the first Monday In Octo ber, and give notice of tho sale of real property for delinquent taxes, to be mado not later tnan March 1, tho amendments contemplato that tho tax shall become payable on or bo fore December 31 and tho first Mon day in Api II following; that tho chir Iff shall proceed with collections after the first Monday In February, extend tho delinquent Ut after tho first Monday In April and .give notice for tho delinquent sale to be held not later than October 1. The true situ ation Is perfectly manifest. The old statute relative to tho matters ailud eu to Is to bo replaced by the amend ments, thus abrogating completely the law as It now stands. It Is cot tho case of a repeal, clthor directly or by Implication, except as tho amendments supersede and displace the old stntute. The new is sub-t!-tuted for tho ola, leaving no vestige of the old for operation. No Authority to Make Levies. Tho logical consequence Is that tho county court or the board of county commissioners will bo left without power or authority to CBtimato tho amount of money to bo raised for county purposes, or to apportion the same with the state and school taxes according to the valuation of the tax able property in the county, or to levy a tax thereon for the purposo of rais ing revenue at its January term. So with the governor, secretary of state and treasurer. They ran not act In apportioning the revenue for the slate among the counties until July. Whatever act shall be or shall have been regularly done under tho old law up to the time of taking effect of the amendatory act, must stand as perfectly valid and effectual; but no act can be performed thereafter under tho section of the old lnw fall ing within tho purview of tho amend ments, simply because it will not then exist or be at all operative having been wholly obliterated and displaced by such amendments. Such is the necessary and Inevitable effect of tho legislation, adopted no doubt, in its present form through casual oversight, and, although It may operate unfortunately In leaving tho state and its subordinate political subdivisions without adequate reve nues for the current year, tho courts are powerless to remedy tho evil. They cannot legislate, but must con struo the law and determine Its effect as they find It, and oeyond that they cannot assume to act." Flanders vs. Multnomah county et al., decided October 31, 1903, Tho result of tho decision of the courts Is.' that wbllsrthere may b-3 a valid assessment, no levy was made or could be made under tho old law, and there will exist no power or au thority under tho new law or else where to mako any levy prior to tho next September term of tho county courts or boards of county commis sioners, nor will any tax become duo or payable until on or before Decem ber 31 and tho first Monday in April following, and no remedy will romaln or exist to be applied for Its collec tion until after that date. Necessity for Action, Under this decision, the work done by the assessors of the soveral coun ties In making the assessment rolls for 1903 Is work thrown away uiiIcsb some Immediate legislation Is had, empowering the county authorities to levy a tax thereon, and the governor, secretary of stato and state tieasur er to make an npoprtlonment of the revenues to be" raised for tho Btate among tho several counties thereof. Consequently no revenues could bo raised on tho assessment roils of 1903 for state, county, district or city purposes without new and express legislative authority. As a lesult of this there would be insufficient mon eys In the stato, county, school dis trict, and city treasuries to meet cur rent expenses, and warrants drawn would of necessity be indorsed "Not paid for want of funds," and would each and all bear Interest until pro vision could be made by subsequent appropriate legislation to ralso money Hufficlcnt to meet the deficien cy. It Is Impossible to determine at this time how great' the deficiency would bo and how large an Interest payment would bo required to bo made later on by all of these munici palities. Chaos In fiscal affairs of the stato would bo the result, and to avoid this condition I have felt It in cumbent upon mo, after personal In vestigation and after correspondence with members of the legislature and numerous representative, bodies and ctlzcns of the state, to convene the legislature In extraordinary session, to life efnd that tap act referred to may bo amended so as to give it force and Immediate vitality, or lepealed and tho law reinstated as It existed prior to the attempted amendment. General Tax Revision Needed, . . That the tax laws of the stato need revision thero can be no question, Re peated amendments Iroiu tlnm to lime havo but mado confusion worse confounded, and It waB for thlB rea son that In my last message to your body I earnestly recommended the creation of a tax commission with iimplo powers -to prepare and report u it subsequent session of tho legis lature a law which would reduce tho erazy-q'illt legislation now ou the tut ii' books to a harmonious whole, and ''ve it the order and method of r. co'19. Inconsistencies Cited, Take as an Instance of inconslst r !) in the tax legislation passed at 'ho aat session of the legislature; faectlon 3098 of Bellinger & Cotton's Code IT vldes that "It shall be the dut) of each school district and of oach Incorporated town and city to notify in writing the clerk ot tin county court In tho county within Which tho school district, town or city Is respectively situated, of tho rate per cent of tho tax levy mado by it on or beforo tno first day of February In each year, which notice shall bo kept on file by the Bovcrnl clerks and romaln a part of the rec ords of tho oHlco." On page 23, Acts 1903, this section was amended su as to require tho clerk of tho county court to be notified on or beforu tho first day of January in each year, On page 295, Arts 1903, this same section of the .statute Is ntteinpted to be nmeimed so ns to require tho clerk of the county court to bo notified on or before the first day of September in each eai. This is one of many In stances of similar Inconsistent acts nnd nmendmonts. Thu fiscal year of nearly every city In tno state ends December 31. nnd a full knowledge of the requirements of the cities and the necessary reve nue to bo derived from taxation lor an ensuing year cannot be obtained until after an accurate statement of the finances of each city Is made nt the close of a current year, and there fore a levy of taxes made prior to January 1 would not be based upon any official accuracy. .Moreover, nearly all of the city charters have I neen urnwn with the purpose of mak ing a levy alter January I. Conse quently, the amendment to section 3098 of Bollinger & Cotton's Code as found In the Acts of la03 at page 22, ought to bo repealed. In my opinion, sections 3067, 3000, 30S2, 30S4. 3085. 3090. 3098. 3106, 3107, 3112, 3116 nnd 3120 of Bellinger and Cotton's Annotated Codes should be reinstated by appropriate legisla tion after tho repeal of the art found on page 295 of the Arts of 1903, nnd after the n-peal ot Hint other art pur porting to amend section 3(i',iS of the Bellinger & Cotton's Code, found ut page 23 or the Acts of 1903, and I recommend this legislation for your consideration flKO. K. CIIAMIIICIIIIN TRIPLE ALLIANCE FOR THE FUR EAST Puts an Altogether New Face on the Russian-Japanese-Chinese Embroglio. JAPAN WILL BE CONCEDED FOOTHOLD ON MANCHURIA. Ambiguous Movements of Russian Warships In Korean Waters Lloyds Again Advances Insurance on Vessels Bound for Japan New Agreement Affects Both Asia and Europe. CHRISTMAS AT THE MISSION TREE WITH PRE8ENTS ON FRIDAY NIGHT NEXT. London, Dec. 22. Diplomatic cir cles aro agog over news showing a secret offensive and dcfoiiBlve alli ance between Germnny, Russia and Japan under which Japan will gain a foothold on tho Asian mainland. It Is hero regarded as the beginning ot tho partition of Korea, tho equivalent ot a formal anncxntlon of Manchuria to Russia, nnd of tho latter hereafter dictating tho policy and directing the ultimate destiny of China. Russian Naval Movements. St. PeturBburg, Dec, 22. A message fiom Port Arthur today snys the Russian warships which recently went to Chemulpo, Korea, have re turned to Port Arthur. Tho cruiser Bokaro Is tho only vosbcI left at Chcmuluo. Tho Russian admiral, Stark, commanding tho squadron, has been formally received by the em peror of Korea. Ocean Insurance Advanced. London, Dec. 22. Lloyds has again -advanced insurance rates on Japan bound vessels. Protracted Meetings Began at Pres byterian Church on the Reserva tion This Evening Big Dinner Will Be Given at the Mission on Christmas Day No Set Program. Rev, J. H. Cornellson, tho pastor In charge of tho Presbyterian mi i Blon on the reservation, was a Pen dleton visitor oday, on a Christmas buying expedition. Ho Is inuklug preparations for the Christmas tro.i that will ho given at the mission i-u the night of ChristmaK, This evening a series of en ap meetings will iio stnrted which will Inst for n week or over. I Jist yi ar a large niiml-or of people came to these meetings, nnd the Indications aro that this year will bco an Increas ed attendance. Services will bo con ducted for a week or more by the pastor nnd his assistants, and It in thought that u very enjoyable and profitable time will be bad, Fami lies from all of the surrounding country come to tho meetings nnd great Interest Is manifested In them. The mission will liavo its tree on Christmas night, and ns all of tho campers will take part, n large crowd is expected to receive presents from It. On Christinas day will be given n big dinner at tho mission, and this is ono of tho eventa of the week, for last year at least 2C0 persons took dinner at the mission, and this year It is thought tho nnmlHir will be greater than before. There will bo no set program for tho night of tho tree, but before giv ing away tho presents there will bo a prayer meeting, which will be thrown open lo all, and at its closo the tree will be relieved of Its load of preBontH, To Multiply Their Nickels. Enthusiastic members of tho First Methodist Episcopal church pledged 18,500 at the morning service yester day Ut carry on their work for the present year, which ends next Octo ber. In addition, Rev. A. R. Jam bert expects to ralso $1,500 from the "talent fund." That Is an Ingenious device for getting money after the fashion set by the master, told In the Now Testament, who, going on a long Journey, gavo earn of his servants a talent. One of them, as is well known, burled his talent In a napkin, but the others made good money on theirs. Tho old Hebraic talfnt was worth from $1,500 to $2,000. Dr Lam bert won't Issuo that kind. Instead he will give a bright, now, shiny nickel to each of 200 parlshlouers. Each U expected to turn at least $10 Into tho church treasury as the pro reeds of Kb Investment before tho end of tho church year. Spokesman-Review, IRRIGATION DISTRICT CARRIES. Fifty-five Votes for and Fourteen Against Farndale District. Milton, Dec. 22. Tho cloction In tho Forndnlo lrlgatlon district yestor day resulted In tho formntion of tho district, by an overwhelming major ity, tho vole standing 55 for nnd 14 against. Tho following directors were elect ed: William Lloyd, J. C. Prltchott, W. L. Powell, W. II. Wllmot. and George Lydel; assessor, Q. A. Hobba; collector, William Forsythe, and treasurer, H. L. Cauvel. The directors will elect the prcBl dent and secretary from their number. B, M. Sparks, a reporter for tbo Baltimore American, went to a danco In the tough part ot that city, to get tnntorlnl tar n. "sLorV." 11(1 WaB "piled" by toughs and shot at three times before be could get away. Ho was uninjured, OHIO BURGLARY. Store and Postofflce Robbed and Much Merchandise Tuken. Adelaide, O., Doc. 22. 'Burglars last night looted tho postouice nnd Smith & Mitchell's store. They got a Binnll amount of money anil Htumps, loaded a wagon with valuable mer chandlso amounting to several bund led dollars, and escaped. ROYAL SPORT. Boars and 8tags Must Be Scarce In Baden Forest Preserves, Berlin, Doc, 22. Tho Ornnd Dulie of Baden, who Is 77 years old and fee ble, whllo hunting today, shot und slightly wounded his own minister of finance. Shortly after ho Hhot his forester so seriously both legs had to be amputated. BURGLAR8' BIG HAUL. Blew a Safe In Illinois Town and Get (5,000 Cash. Tower Hill, 111., Doc. 22. Robbers blow tho safe of tho bank at Towor Hill, last night, got $5,000, btolo horse and buggy and escaped. "JACK THE RIPPER." Sailor Under Suspicion and Arrest In New York, New York, Dec. 22. Bailor Totter. man, who murdered a wuinun Hatur day, Is believed by many lo be "Jack the Rlnnor." He was arraigned this mottling and remanded to Jail. The 1,1 rl h rain in Berlin bus de creased from 46 per 1,000 In 187C, to 27 per 1,000 In 1902. Hamburg Labor Riots Berlin, Dec. 22. Serious rl- otlng took placo In Hamburg today. Mounted police charg- ed the mob and wero over- whelmed. Tboy Becured roln- forcements and charged with drawn swords aud revolvers. order was not restored until scores were wounded, Many leaders were arrested, Tbo rioters are dissatisfied work- men and their wives. ' .....A i X 4, 4.4.4.4.4'4 Jm2