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.J J LAW WIU. n6t STAND,.
i
Bill, to Restrict Giving of Free Rides
,b Railways Not Properly Drawn.
Sjilem TFie anti-paBs ' law Initiated
byhe People's Power league is , mipuf
an' ' enacting clause. " arid ' is therefore
void.
The constitution, expressly; provides
that all laws initiated by the people
ehall contain the enacting clause, ; "Be
it enacted by the people of the state
of Oregon." The copy of the bill filed
with the secretary of state has no such
clause.
The discovery Was made when Secre
tary Dunbar sent the bill to the state
priiter, preparatory to having 100,000
copies printed for distribution among
the voters of the state. ' !
Attorney General Crawford says the
secretary of state cannot pormit any'.pne
to correct this defect, because each of
the ,8,000 or more petitioners signed
the bill in its present form. He rules
that the secretary has no authority to
chango it or to allow any one else to
amend it, but that he must submit it
aa it came to him from the petitioners.
The supreme court has held in the
caBe of the state vs. Wright, 14th Ore
gon, page 375, that the deliberate omis
sion of an enacting clauee is a fatal de
fect. The discovery of this error brought
to light the fact that there is no enact
ing clause or formal declaration of any
kind on any of the bills for amend
ments to the state constitution, for
which peHtions are on file. This ap
plies to tho woman's suffrage amend
ment, as well as to the amendments
submitted by the People's Power league.
It has not been determined whether
this omission makes the amendments
void or not.
The officials are looking up author!
ties. No authority has been found to
allow the secretary of state to refuse to
submit a measure to a vote of the peo
Die. even though it may contain defects
which make it void on its face, provid
ed the bill or amendment comes to him
with the proper number of signatures.
Land for Reservoir Site.
Washington The secretary of the in
terior has finally withdrawn land for
the Cold Soring reservoir site in con
nection with the Umatilla irrigation
project in Eastern Oregon, the land ly
ing in townships 4 and 5 north, ranges
29 and 80 east. Persons who have
tnadn entry of anv land embraced in
this reservoir site prior to the prelim
inary withdrawal, August 16 last, and
have not acquired vested rghts, will
lose their land through the cancellation
of their eitrieB. The government,
however, will pay for any improve'
ments they may have made.
Will Show How Alfalfa Grows.
McMinnville II. E. Lounsbury,
traveling freight agent of the Southern
Pacific company, has purchased for the
company five acres near McMinnville,
to be used as an experiment for growing
al'alfa, with the hope of promoting
dairying interests. Numerous other
tracts of land throughout the ' valley
have been purchased by the Southern
Pacific (or the same purpose. The
company will furnish the seed together
with a supply of land plaster and inoc
ulated soil from successful alaflfa fields
in other parts of the state.
Will Start in 60 Days.
Eugene The deeds transfering the
Eugene Woolen raille from Wilbur &
Wright, of Union,' Or., to the Salem
com any, headed by T. B. Kay, which
recently acquired the property, have
been signed in Salem and Emil Koppe,
who is to be the resident manager of
the plant, has arrived. Manager Koppe
has already begun to make improve
ments at the mill, and expects to have
it in operation .in 60 days. A new
brick and concrete picker house will be
constructed immediately.
To Develop Coal Mines.
Eugene The Spencer Butte Coal &
Petroleum company has been incorpor
ated here, with $100,000 capital. The
incorporators are : J.W.Zimmerman,
C. F. Mitchell, W. J. Williams and S.
E. Stevens, of Eugene, and I. W. Love,
of Portland. The company has a coal
prospect ten miles southwest ot Eugene,
which it will at once begin to develop
on an extensive scale. Later on oil
prospects will be bored.
Appropriations for Chemawa.
Washington The Indian appropria
tion bill about to be reported will carry
116,200 for the Chemawa Indian
school, including $4,000 for a new
bakery and $ 10,000 for a viaduct to
tross the railroad tracks, which run
through the school grounds.; The lat
ter improvement is intended to insure
the safety of pupils in passing the rail
load. .. '.. ...-:. ': ' ."."''
MANViCLAIM WATER.
Nu
merous Filings on Oregon streams
Recorded at Salem.
Salem The "'imirierous filings that
ave.been made orjfthe waters of rivers
and mountain streams for power purr
poses in this state during the past year,
have awakened interest in - the ques
tion, of the electrical possibilities of
Ore.gon. I
Many of the power projects have good
financial backing. .; !The majority of the
recent filings, indeed, are said to eman
ate. from the 'same source ,
The doctrine of beneficial use which
it is desired to apply to the waters in
all stream's of Oregqn is responsible! for
much ot trie activity uispiayeu ot jate.
4s the law stands, any one can file on
water for power purposes, and by doing
a small amount of 'work each year can
prevent, any one else from .appropriat
ing or using trie water. This rule ap
plies to irrigation arid a movement is
on foot to change the law eo -that no
man can appropriate more water for ir
rigation purposes than he can put to
good use. State regulation of the flow
and distribution of all waters is fast be
coming a principle of law in all the arid
land states. To regulate abuses and
prevent ttieir repitition, the leading
wateruaers are preparing to urge numer
ous changes in the law, so that the
ownership of the waters in all streams
and lakes shall vest in the state, for
the use and benefit of the people.
If this is done, it will be necessary
to make careful surveys and measure
the flow of all streams that the water
may be equitably distributed.
Ask for Pool in Wool.
McMinnville The Yamhill Live
stock aociation has elected the follow
ing officers: President, William Dil-
erst; vice president, John Redmand;
secretary, M. B. Ilendrick; treasurer,
W. 8. Link; directors, William Gun
ning, John Eborall, R. O. Jones, Amos
Nelson and D. A. Walker. At the last
meeting of the association a resolution
was passed recommending that " the
trustees set April 7 as the date for sell
ing the mohair pool. It was also rec
ommended that a wool pool be formed
by the Yamhill growers.
Indians Want Lands.
Pendleton About 25 Indians, mem
bers of the Columbia river tribe, have
made formal application to join the
Umatillas and share in the allotments
of the reservation, claiming that they
are of the same tribe and failed to come
in with them when the allotments were
made several years ago, preferring to
stay with the Columbia river tribe.
Much Freight From Dallas.
Dallas Twenty cars of lumber were
billed out of Dallas in a single day re
cently, .besides several cars of spars and
piling. The mills here and at Falls
City have a combined output of from
10 to 20 cars daily. The freight service
on alternate days will soon give way,
as the Southern Pacific has promised a
daily freight train.
PORTLAND MARKETS.
Wheat Club, 69c; bluestem, 70c;
red, 66c; valley, 72c.
Oats No. 1 white, feed, $2829;
gray, 27.5U28.ou per ton.
Barley Feed, $23.50(24 per ton;
brewing, $2424.50; rolled, $2425.
Buckwheat $2.25 percental. ,
Hay EaBtern Oregon timothy, $13
14 per ton; valley timothy, $89;
clover, $7.508; cheat, $67; grain
hay, $78.
Fruits AppleB, $12.50 per box;
cranberries, $12.5014.50 per barrel.
Vegetables Cabbage, l2c per
pound; cauliflower, $1.90(32 per crate;
celery, $4 per crate; sprouts, 6J7c
per pound; squash, lljc per
pound; turnips, 90c$l a sack; car
rots, 6575c per sack; beet?, 85c$l
per sack,
Onions Oregon, No. 1, 65(70c a
sack; No. 2, nominal. '
Potatotes Fancy graded Burbanks,
6065u per hundred; ordinary, nom
inal; sweet potatoes, 22c per
pound.
Butter Fancy creamery, 27a30c
per pound.
Eggs Oregon rancL, J617c per
dozen.
Poultry Average old hens, 1314c
per pound; mixed chickens, 1212c;
broilers, 1920c, young roosters, 12c;
old roosters, 10 10c; dressed
chickens, 1415c; turkeys, live, 16
17c; turkeys, dressed, choice. 1820c;
geese, live, He; geese, dressed, 1214c;
ducks, 16fi?18c.
. Heps Oregon; 1905, choice, 10
10c; prime, 89c; medium, 78c;
olds, 57c.
Wool Eastern Oregon average best,
1621c; valley, 2426c per pound;
mohair, choice, 80c per pound.
Beef Dresoed bulls, 2J3c pound:
cows, 3J4)c per pound ; country
steers, 45c. ' '
Mutton Drpssed, fancy, 8)9c
per pound; ordinary, 45c; lambs, 8
veai uressea, awsc perpouna.
Pork Dressed, 88c per pound.
TERRITORY.
Roosevelt Forbids the Quashihg.of
Indictments in Case. ,
Washington, Feb. 20. j-President
Roosevelt had taken 4 pfrBnal interkt'
in the charges of fraud corruption
which are;' said to occurrein
connection liwith tbe affairs of the Jive
Civilized Tribes in the Indian rirri
tory. But for his intereference inflict-'
memts against 'seve'pemons alleged
to have been engaged in illegal fcr'ac
tices wut'X-have been quaBhedi :f
' Now, however, under bis orderaf ..the
Interior department is pushing its in
vestigations with increased vigor, ; and
it is reliably stated that in the snear
future a number of new indictments
Trill be reported against not only j; sev
eral men already indicted, but tljey
will also include a number of portions
whose names have not heretofore Jieen
brought into the case, including a high
government official in waBmngion
When it became known to the presi
dent that the district attorney for,
dian Territory bad been instructed , to
quash some indictments already found,
he immediately sent orders comiter
mahdfng this proposed action. lie was,
led to do this by information received
by him. that, after March 4, when' the
tribal relations of the Five Civilized
Tribes ceased, certain facts would' be
put into his possession which would
strengthen the hands of the govern
ment in its efforts to bring to trial a
number of persons guilty of gross fraud
perpetrated against the Indians.
It is known that Secretary Hitchcock
has submitted to the president and
Attorney General Moody a special re
port dealing with the whole situation,
which gives such details as to make it
imperative for the government to act.
GERMANY FEELS INSULTED.
Chinese Minister at Washington .Said
to Have Talked Too Freely.
Berlin, Feb. 20. A sensation has
resulted in diplomatic circles here from
the cabling of what purports to be an
interview at Washington with the Chi
nese minister to the United States, Sir
Chentung Liang Cheng, in which the
latter is quoted as saying:
"Since the dawn of your civilization
the Germans have been disturbers of
the peace and repose of other people
and nations within what is now the
Christian domain. They seem always
liscontented with what they have.
Their energy appears to demand the
whole world in which to bustle."
The Chinese minister is then said to
have intmiated that the present discon
tent in China is due to German meas
ures and German plots, and is alleged
to have further intimated that the Ger
man government or its agents is giving
support to the revolutionary movement
which has for its object the overthrow
of the present reigning dynasty in
China.
This is absolutely and emphatically
denied here, but none of the members
of the Foreign office would discuss the
matter until the authenticity of the al
leged interview could be substantiated.
It is understood that a long cable dis
patch was received from Baron von
Sternberg, German ambassador to the
United States, Sunday, bearing on the
subject. If it should prove that the
statement of Sir Liang Cheng can be
substantiated, there is a possibility
that China will be asked to disavow
his remarks.
WOULD CLEAR THE SITUATION,
Revolution in Wenezuela May Occur,
Says M. Taigny.
1 Paris, Feb. 20. M. Taigny, the ex
French charge d'affaires at Caracas, in
an interview with the Matin's corres
pondent at Liverpool, said that the
unanimity of the diplomats in Vene
zuela against his expulsion was a great
surprise to President Castro, who until
the last moment had relied on the
moral support of a certain power.
M. Taigny, according to the corres
pondent, is convinced that a revolu
tionary movement for the overthrow of
President Castro is preparing. He had
been approached by several of the revo
lutionary leaders during his sojourn in
Venezuela, but owing to his position as
representative of France he was obliged
to hold aloof from politics.
In M. Taigny's opinion, the corre
spondent adds, a revolution would clear
up the present awkward situation in
Venezuela.
Eight-Hour Day the Issue.
New York, Feb. 20. John Mitchell
and his associates on the anthracite
miners' subcommittee, today finished
their work of preparing proposals for
an agreement in the hope that they
will meet with the coal operators' sub
committee. It is practically certain
that the miners will make a firm de
mand for the eight-hour day for all
men employed about the mines. One
of the miners' representatives paid to
day that the eight-hour question was
more important to the men than any
other demand mentioned.
Russian Town Aflame.
Kief, Russia, Feb. 20. An anti
Jewish riot broke out today at Vietka,
a town of 6,000 inhabitants near
Gomel. A large part of the town is
in flames, and troops have been sent
there from Gomel.
FRAUD IN INDIAN
WARNING
IS
State Department Tells Mission
arles of Dapger. in phjha. ; " :
-n-
WW ; GIVE : EVERY; PRjrrECTlON
Says They Should Leave Interior
Assistant Secretary Bacon Ad-,
mfts Cause for Anxiety.
Cincinnati,-Feb. 24. In answer to
a letter from' -F; M, Kains, correspond
ing secretary for -the Foreign - Christian
Missionary society, to the State depart
ment at Washington regarding the situ.
ation in China, , Acting Secretary pf
State Robert Bacon sent the . following
letter to Mr. Rains: '
, "The condition of. affairs in, China is
causing this government much anxiety,
and, while nothing is known here
which would justify the immediate
withdrawal of missonaries from tho
interior, it would appear prudent to
the department for the heads of the
missions to warn all outlying stations
of the apprehension caused by their
exposed condition and to advise them
to take early steps to remove to places
of safety at the first cause of alarm,
even if it should appear insignificant
and the danger not imminent.
"This government is disposed to
afford every protection in its power to
its citizens in China, but in case of
an outbreak such protection would be
much facilitated if American citizens
were congregated in accessible locali
ties." COMMERCE STILL INCREASES.
Large
Advance in Exports and
Im-
ports for Fiscal Year.
Washington, Feb. 24. The foreign
commerce of the United States during
the first seven months of the fiscal year
1906 amounted to $1,752,421,330, ac
cording to a bulletin issued by the de
partment of Commerce and Labor.
This shows a considerable increase in
both imports and exports, but more es
pecially in exports over the correspond
ing months of 1905.
In the seven months ending with
January, imports have increased $70,
000,000, and exports have increased
$155,000,000. Imports during the
seven months ended with January,
1906, were $699,764,566, and exports
were $1,056,656,764. The increase in
importations occurs chiefly in manu
facturers' materials and finished manu
factures, while the increase in exports
occurs chiefly in agricultural products
and manufactures.
WANTS TO IRRIGATE EGYPT.
American's Claim to Slice of Desert
Held Up.
Washington, Feb. 24. The Slate de
partment has been informeds, through
Consul-General Gittings, at Cairo, with
regard to the claim of Cope White
house to a vast tract of land in the
Egyptian desert, that the application
filed by Whitehouse was regular.
Whitehouse has made extensive ex
plorations in Africa and Egypt. He
discovered what he believed to be the
site of an ancient city in the Egyptian
desert, and took steps to secure title to
a large area of land including this
place. His purpose was to reclaim
and develop the arid land by means of
irrigation. He has not yet been able
to take possession of the land and he
alleges that his claim has been held up
in the Egyptian foreign office on
nical grounds without any right.
tech
Power From the Colorado.
Los Angeles, Cal., Feb. 24. Accord
ing to the Times, the energy of the Col
orado river is to be transmitted to Lob
AngtleB, according to plans now being
matured by local and Philadelphia cap
italists. First the power is to be dis
tnbuted among the mining .camps on
the Nevada and Arizona border and ul
timately brought here. It is said that
between the Grand canyon oi the Colo
rado and the Black canyon it is'possible
to take advantage of certain sites and
develop electrical energy equal to 500,
000 horse power.
Investigate Rates On Oil.'.
Kaunas City, Mo., Feb. 24. John T
Marchland, of Washington, secret agent
of the Interstate Commerce commis
sion, arrived here today to investigate
illegal rates on oil. The resolution
under which Mr. Marchland is working
was introduced in congress Monday by
Congressman Cample.', c Kansas.
MAY VETO RATE BILL
,.f .-.
Committee Free' to Amend, But
Given Faif Warning. : Vi
POSIJIOJl pj . PRESlDEiyT jSHpWN
Announcement Made to Senators Who
Have the Measure in Charge
,.. -r One Change Likely.
Washington, Feb. 22. When the
senate committee on interstate com
merce meets . on ' Iriday to vote on a
rate bill, the announcement will be
made authoratively , that President
Roosevelt "'Will iibt attem'pt'to prevent
amendment of the Hepburn bill; that
he will, leave the committee free to ex
ercise if s beet judgment,' and if possible
compromise its differences; thatj if a
reported , which does not meet his ap
proval and in that form is .patsed by
congress, he will content himself to ex
ercise his veto power. Ibis announce
ment will be made as the result of a
conference here today between the most
active persons supporting the house bill
without amendment, but will be deliv
ered to the.'committee by a senator who
has supported an amendment providing
for judicial review of orders of the In
terstate Commerce commission.
Conservative members of the com
mittee assert that they have the neces
sary votes to amend the Hepburn bill,
if they are left free to exercise their in
dividual judgment, so that they will
not be put in the position of opposing
the president's policy. Under these
conditions, it is said that Senators El-
kins, Foraker, Crane, Kean, Aldrich,
Carmack, Foster and McLaurin will
vote for an amendment providing for
udicial review. . Seven votes is a ma
ority of the committee. Messrs. Cul-
loru and Carmack will not be present
when the committee meets on Friday,
but as Mr. Cullom iB opposed to
amendment, this will not affect the
result. An informal meeting of the
committee will be held today.
PURE FOOD BILL.
Provisions of the Measure as Passed
by the Senate.
Washington, , Feb. 22. The pure
food bill as passed by the senate makes
it a misdemeanor to manufacture or
sell adulterated or misbranded foods,
drugs, medicines or liquors in the Dis
trict of Columbia, the territories and
the insular possessions of the United
States and prohibits the shipment of
such goods from one state to another or
to a foreign country. It also prohibits
the receipt of such goods. Punishment
by fine of $500 or by imprisonment for
one year or both is prescribed. In the
case of corporations, officials in charge
are made responsible. The Treasury
department and the departments of
Agriculture and of Commerce and La
bor are required to agree upon regula
tions for collection and examination of
the articles covered by the bill, but no
specific provision is made for investiga
tion except by the department of Agri
culture. The investigations by that
department are placed in the hands of
the chief of the bureau of chemistry
and, if he finds that the law has been
violated, the secretary of agriculture is
required to report the facts to the
United States district attorney, who in
turn is required to institute proceed
ings in the Federal courts. The bill
also defines foods, drugs, medicines
and liquors and also defines the stand
ards for them. There is an exemption
for dealers who furnish guarantees
against adulterating and misbranding.
Jarvis Has First Claim.
Washington, Feb. 22. The Alaska
governorship is still in the air. ( D. H.
Jarvis, of Seattle, who was offered the
position, has not yet made known his
wishes, but it is believed he will accept
if he can get out of certain business
contracts which are now binding him.
In case Captain Jarvis declines, it is a
free field. Senator Flint, of Califor
nia, today presented to the president
John P. Clum, recently appointed
postmaster at Fairbanks, and urged his
appointment. As postoffice inspector
Mr. Clum has been all over Alaska.
Discovery of Ancient Frescoes.
Venice, Feb. 22. While workmen
were engaged in renovating the church
of Santa Maria Gloriosa de Frari, some
ancient frescoes were disclosed behind
the mounraent of Doge Nicolo Tron.
One of the frescoes represented a pano
ply with the coat of arms of Doge Tron,.
and another consisted of decorative
bands with figures of the evangelists.
Will Preserve Cliff Dwellings.
Washington, Feb. 22. The senate
committee on public lands today au
thorized favorable reports on three bills
concerning National parks. Among
these is the bill creating Mesa Verde
National park, in Colorado, to preserve
the ruina and relics of the prehistoric,
cliff dwellers. ' ,