DAILt JOURN ---- T, - ... .ju. .. .. SALEM, OREGON, THUBdvY JANUARY 21, 18T. ' NO. 85 L ' J V Ni . - irrv-irrTr a -w v ;Arl X xJLj A 1 "1H V THE iw York wax has just closed Its fifth year, and we arc satisfied with the five years' trade, and pleased to say that their customers express themselves as satisfied with -the prices they have paid for poods purchased, and appear to be content to trade with us the coining year. On our part wo pledge ourselves to follow the original plan adopted by us, and mark goods at as close figures as ever. We ask our patrons to call and examine our line of clothing, for men, youths and boys, which we offer at low prices; also our "Star-5-Star" line of boots and shoes for men, women and children, they can't be beat: also underwear for all ages, hosiery, notions of all kinds, laundried, and unlaundrlcd and work shirts, hats, caps, etc. Our prices are low, quality good. Cull and see us. K.T.BARNES PROPRIETOR, y )icing Over the Blow-Up. ited Spaniards Take Revenge On Helpless Pacificos. fv York. Jan. 21. The .fress IS Glad tidings to Cubans in this wnwerc those which announced the g of the Spanish gunboat Rel- o by means of a torpedo, while SftHpanlsh were burring to the us ee of the garrison at Fort Gua- i, on the Cauto river, the most tant inland waterway of the is- A nvtnnoltr rlnrlnrr f.lirt lnct. t.lirnn m news of this kind has been aw- by Cubans, who knew that their nnient had decided to attack 's fleet in the only way open to nsurgents, namely, by submarine sions. Three weeks ago a letter received in this city in which ib id that the delay iu beginning jfupon Spains's patrol fleet was due blunder of those who shipped yire and the generator of elect ' to be used in exploding torpedoes mistake had been rectfled and itbo material reached its desti- in safely is proved by the de- itlon of the Itulmapago Saturday i week. A gentleman who knows. ectrican who accomplished the larine victory of Cuba llbre says': man under whose supervision insurgents have begun war on rs gunboats is thoroughly profl- in electrical engineering, and is aba now because of his enthusiasm ic cause of freedom. I believe new departure will result in the 9f many more of Spain's gi'nboats. Qinmanders of the patrol fleet fraid to keep their ships in the i sea at night aud their, rendezv- emna the little islands scattered )ng the Cuban coast, are perfectly rn to the patrol. The torpedo ce will devote its energy exclus- to rivers naviganle by the sh gunboats and to the unpro- . anchorages to which they re- at night, "There are more 10 war vessels of different kinds 3an waters. Tbey are seldom in la harbor. They will be easy i when once our torpedo service ecome in a degree perfected. I Ibe disappointed if we do not f other successful attacks upon r neet within the coning fort- Massacre in Havanna. BONVILLE, Tla.. Jnn. 01.n.i. jta this city say they have reports Buier opanisn butchery. Prom ccounts of the affair it amwmra BOO Insurgents under command Konei .branclscode Paulo dashpri fSan .Miguel, Havana province, lay night. The Spanish trarri. insisting of 000 men, withdrew CUBANS .if . without firing a shot. The insurgents held possession of tho town for over three hours, looting the stores, public buildings and many residences. Thy captured the mayor aud forced him to deliver the tax money in his posses sion, amounting to $3000. After firing tho business part of the town and sev eral private houses, the rebels with drew. . . -1 After tho insurgents left the Inhabi tants busied themselvesextlngulghlng the flames. While thus engaged the Spanish forces returned and opened fire on them. Many of the inhabitants in their terror, rushed into burning houses and were cremated. The Cuban reports say 40 persons were killed, 18 of whom were women and children, and 60 others were wounded, some of them fatally. Died. CoRVALLis,Jan. 21. Col. John Kel say.one of the framers of the Oregon state constitution, a colonel in the Rogue river Indian war and for forty four years a memberof theOregon bar, died at his home in this city Tuesday night. His ailment was pneumonia, contracted only two days before his death. The end came so peacefully that watchers at the bedside only know that the aged barrister had passed away when they went to give him a dose of medicine. CqL JCelsay has for forty years been a well known figure in Oregon. He was born in Kentucky in 1819, moved at an early age toMissourl.and in 1844 seryed as a member of the state legis lature of the latter state- Ho arrived in Oregon in 1853, was chairman of the military committee of theOregon con stitutional convention in 1857, and in 1864 became judge of the second dis trict and a justice of the Oregon su preme court. Many a reminiscence of the early days in legal circles abounds with rich anecdote illustrating the kindly char acter of the deceased. At the time of his death he was mayor of Corvallls. The funeral occurs today. A wife and two children survive. Dawson's Bitters cure stomach troubles LITTLE LOCALS "Patronize Home Industry" Is tho inenption on a large placard in one of the local stores, whose j proprietor Is an imported Celestial. On what tho merchant bases his claim to what the placard implies, is difficult to com prehend. Some mischief-making boysof North Salem last eyeningamuscd themselves at the expense of unsuspecting pedes, trians, however, by streculng a wire across tho sidewalk on north Liberty street at a point just opposite Wada's store. Many ladies were precipitated quite forcibly to the walk but fortu nately sustained no (injury.. Such practices are dangerous and should not bo continued by boys. Innocent fun Is well enough. MITCHELL Has Telegrams From Hoar. Less Than a' Quorum Can Organize But Can't Do Business. Senator Mitchell gives out following telegrams 'from himself, and replies thereto; Salem, Or., Jan. 19, 1897. "Hon. C. F. Hoar.Chairnian Judiciary committee, U. S. Senate, Washing ton, D. C.: " "The constitution of the state of Oregon provides as follows: "First: That the senate shall consist of thirty, and house of repre sentatives of sixty members. "Second: "Two-thirds -of each house shall constitute a quorum to do business, but a smaller number may meet; adjourn from day to day and compel the attendance of absent members. "Query: Can the house organize permanently,- a majority only being present, and can such house elect a benator and lawfully do other legisla tive business provided two-thirds of such majority are present V Thirty one Republicans and four Democrats, being all the Democrats in the house thirty-five in all, are now present in the house ready to organize: while, nineteen Populists, being all the Populist members of the house, and six bolting Republican refuses to come in and be sworn. While we believe the house has a perfect right to permanently organize, provided thirty-two or more members are pre sent, and that two-thirds of such members will constitute a quorum to enable the house not only to elect a senator, but transact any and all leg islative business, yet In ordei to avoid any possible friction, tho majority have been patiently waiting in tho hope of securing the presence of two thirds of all the members elected to the house before organizing. "Any suggestion or advice you are willing to giyejfor us here will bo greatly appreciated. "John II. Mitchell" hoar's heply. "Washington, D. C , Jan. 19, 1897. "Hon. John II. Mitchell, Salem, Ore gon: "I think two-thirds of number act ually qualified make a good constitu tional quorum. If only thirty-five qualify they may organize and law ful vrtn hUBiness. tsnmn auestion ana (principle settled in national bouseand senate iu time or tue reoeiuon. "Geo. F. Hoar." "In addition to what I have just said, I may state that I am this eyen- incrJn receipt or a second oispatcn from Senator Hoar, and from which It seems those who are engaged in the legislative hold-up, through one of their attorneys, appealed also to the same high authority for an opinion on this subject. The following is the dispatch just received by me from Sen- ntnr Tlnnr. OTli!f.li Ktionfrn fnr It.snlf?" "Washington, D. D., Jan. 20,1897. "Hon. John 11. Mitchell, Salem Ore gon: "I have sent the following dispatch to C. A. Dolph in response to his in quiry. "If Oregon constitution provide house of representatives shall consist of sixty members, or provide a less number and that leslslaturo may in crease the number to sixty, which has been done, and f uther provides that two-thirds of the lawfully quaiiied members of each house may consti tute such quorum, although a less number than sixty have qualified, and a less number than forty are present and act. Therefore, if thirty-five persons are all the qualified members of the house, and twenty-flye others lawlully elected refuse to qualify, the action of the majority of the thirty five in organizing or electing a sena tor, or other legislative business, will be constitutionally valid, at least twenty-four being present. Two thirds of the thirty-five being all the lawfully qualified members will then make a quorum. This doctrine was settled in the national senate and house during the rebellion, and has been acted upon in those bodies ever since. I haye given this opinion to Senator Mitchell. "Geo. F. noAR" MITCHELL QUOTES THDRSTON. "In further confirmation of the correctness of the construction I place upon tho constitutional provisions of our state, I beg to hand you tho fol lowing dispatch, voluntarily and without any request from me sent this evening by Senator Thurston, of Nebraska, one of the eminent lawyers of the nation, and late chairman of the Republican national convention at St. Louis:" "Washington, D. C. Jan. 20, 1897. "Hon. J. H. Mitchell. Salem. Or: "Strongly advise organization of- tue nouse wuu meniDers ready. Elect speaker. Notify senate and governor of organization. Jointly with senate agree on time of voting for senator. If bolting members hang out, appoint committee inycstlgate, report reason ior uieir action, acciara seats vacant. No doubt about legal ity of sucli course. Believe such action would bling absentees in quickly. "John H. Thurston." "In view, therefore, of the decision of this acknowledged authority on such subjects, to which both parties have appealed, it would seem there ought not to bo any further hesitation upon the part of tho house of repre sentatives In proceeding to business." THE SITUATION, in Oregon is attracting attention not only in the United States senate but among the politicians all over the nation. ' It Is unique In the klstory of politics. That the telegrams will be It acted upon by Benator Mitchell's friends In the legislature as soon as they can be assured 6f any hope of success no one can dofibt. The hard fact remains, whlcll Senator Hoar does not overcome, that less than a quorum can organize ft body but that body can transact nonbusiness after It is organized without a quorum. HOW IT IS REGARDED. The ablest lawyers In, Oregon agree that tho telegrams from Hoar and Thurston are only significant or Sena tor Mitchell's political distress. He wired to these frleids, neither of whom are known as great constitu tional lawyers Senator Hoar Is known as an ciulnqntly respectable old gcntelman fronij-MassachusscUs, but not us an authority on the Oregon constitution. The" obstructionist!! pay nd attention to it wltatever. FORMAL NOTICE was served upon tlfc People's party men throjgh their leaders Young and U'Ren last nlght,ln the form of a copy of the Hoar telegrams and Mitchell's determination to force an organiza tion. This was regarded as u bluff and John C. Young did riot hesitate to de nounce the Hoar teldferatrj to Dolph as a fake. A leader of the Populists said they had the sections of the Oregon constitution relating to organization of a legislature telegraphed toScnator Hoar In full and hethad not replied. Mitchell had quoted the constitution only so far as It sowed his purpose to get a colored opinion from Hoar, that was really nut relevant to the situa tion. Hoar's reputation as a partisan Is well known and he seems to hive tho Impression tills Is a battle fo'Fcon trol between thcPopulIsts and Repub licans,when as a matter of fact it is a struggle between two wings of thottc publlcan party, nad Hoar known that he would never have Interfered In the contest now going on. ARRESTED AT CORVALL13. Frank Davis, of Salem, Charged With Adultery, Chief of Policy A. O. Dlllcy returned Wednesday afternoon from Corvallls with one Frank Davis, who Is wanted hero to answer to the charge of adult ery. He was. arraigned before Re corder Edes at Opo'clock yesterday afternoon and his case was continued. The Corvallls Times of Tuesday contains the following regarding Davis: f Frank Dayls is wanted in Salem, ne was arrested and locked up yester day afternoon by Chief Wells, to bo held, pending the arrival of Chief Dllloy, of Salem? at whose request Davis was takenpin custody. Th charge against Davis is adultery. In Salem he has a witaandttwo children, and with him at the time of his arrest was -awoman wljp,. In jSalem has a iiusbandand. two children. A short time ago the couple were run out of Corvallls by the authorities, when they went to Albany. Monday they were hustled out of Albany by the authorities there, and they came to Corvallls, only to run up against tho trouble recorded above. They seem to be a couple no town on earth wants and are accordingly blotches on tho name of manhood and womannood. The Fight in Washington. Olympia, Wash., Jan. 21. Three ballots were taken In the first joint session of the legislature, held for the purpose of selecting a successor to Sen ator Squire, but no election resulted. The ballot! ngoccured in a most per functory manner, without the slightest evidence of excitement, all the mem bers seeming to anticipate that no can didate would receive enough votes to take him dangerously near the goal. The good humor of the members was shown by hearty laughter which Sena tor Dorr, a republican,occasloned after tho second ballot, by proposing that A. A. Denny, who has been receiving tho complimentary vote of tliotwentv- slx republicans, be made the unanim ous choice of the legislature, as he had more votes than any of the other can didates. Governor Rogers received one vote, and M.G. Goodman a promi nent democrat and layer of Dayton, was given two votes. Theso were the only new names brought out. Sen ator Squire, by reason of tho sickness of Representative Williams, lost one vote Irora yesterday's ballot. Turner gained two votes and lost one, while the various Populist candidates moved up and down. HOW TO REMIT. Agents and subscribers ordering The Journal are requested to always write names plainly to avoid errors. Do not send stamps it can be avoided Money orders or drafts are safest, but coin to the amount of a dollar can be sent safely if well wrap ped in paper before placing in tho en velope. All subscriptions MUST be paid in advance.as the price Is too low to afford bookkeeping or sending of bills. tf IIOFEB BROS,' Editors, Help for India. Governor Lord has been appealed to by California parties to assist in raising a shipload of wheat to send to the starving peo ple of India. Why don't you get mad at food adulterations? Schilling's Best tea coffee cda balm; powder flavoring extracts and tpicct are the money-back remedy. 10 For u! iy Hamtt& Lawrence. OREGON LEGISLATURE A Rump House Organized. Benson Elected Speaker by Only 28 Votes, SENATE THURSDAY FORENOON. Opened with prayer by Rev. P. Blttner. Reading of journal omitted. President laid befoie the senate a communication from the committee of the board of trade of Portland urging the legislature to use all honor able means to urge the pasago of tho Nicaragua canal bill. Referred to committee on federal relations. DILLS INTRODUCED. Senate bill 127. Carter, by request, read by title only, to regulate manu facture and 6alo. of commercial fertilizers. Senator Mulkey' introduced a pe tition requesting legislation against sale and manufacture of cigarettes. Signed by 130 names, i A Hko petition was sent up from the.Y. ?. S. 0. E. of Albany, signed by about 500 names. To committee on education. Resolution 13, Gowan, that Attor-t ney General O. M. Idlcuian, furnish an opinion as to whether salaries of county officers can be legally reduced during term of office. Resolution 14. McClung, requesting the secretary of -state to supply tho senate with a copy of Joint reso lutions No. 7 of the last session. This Is the woman suffrage amenwvont to the constitution passed last session. Adopted. Senator Smith Introduced a peti tion to change west boundary of Columbia county, giving about three miles off- the west sldo'to Clatsop county. To committee on counties, A bill was also Introduced to carry tho prayer of this petltlqh into effect S. B. 128, Driver, read by title, to provide for inspection of public instil' tutidns of a correctional nature. 129. By title 'only, to prevent the wearing of religious insignia by pub lic school teachers. 130. Mulkoy, by title, to amend road laws. THURSDAY AFTERNOON. The senate refused to adjourn. SECOND READING OF DILLS. 40. Hazeltlne, by title charter bill. Hazeltlno asked reference to commit tee on municipal corporations. Mac- Kay moved amendment tnat it do re ferrcd. to u special commltteo com posed ot tno senators rrom juuuno mah. Hazeltlne ODnosed amendment Driver also opposed it, considering It an Infraction of rnles. The president stated that it was customary to nave such bills referred" to special commit tees. The amendment was adopted. Ayes and noes called, ayes 4; noes 0. Car ried. 41. McClung, to authonzo mayors to bid in nronertv for delinquent taxes. To committee on municipal corpora tions. 42. Dufur, read by title, to amend code relating to terms of circuit court. To committee on judiciary. Adjourned HOUSE THURSDAY FORENOON. Speaker Davis called to order at 9:30 a. ni. Roll call showed 29 present. At 10:15 a. m. Mr. Crawford of Doug las aroso to make a statement. He had sat with his friends waiting for ten days for bolting members to come In and help organizer He was con vinced and so were all of his colleagues that the members present hayo a right to organize, and that if the members further refuse to tako tho oath of office thoy thereby vacate their seate. r Hon. Geo. F. Hoar had been ap pealed to by both sides and no was supposed to be the best authority on the question of organizing a legisla ture. no read the telegrams from Geo. F. Hoar, printed in The Journal, else where. It showed to him that two thirds, or even 35 qualified members, can organize A less number than 35, if qualified, can act and organize with two-thirds present. This was their ultimutum, and thoy now served n notice that they would proceed to organize this i nouse at z o'ciocic tins niternoon ana all who desired to do so could come in and take part in the organization, and they would abide the result whatever it might be. Jfr. Crawford's remarks were well received and were applauded at the conclusion, HOUSE AFTERNOON. At 2 p. in. Davis In the chulr called to order. An immense crowd was gathered in the corridors. Mostof the opposition were not even at tho state house. TheBtory that the regulars would set the clock back and take snap Judg ment proved untrue. Roll call showed 33 members present, including Gratke and Misener,(Dcms.) Somers asked that all porsons not members, officers or reporters bo ex cluded beyond the bar of tho house. Those present were: Benson Marsh Bridges Merrill Brown Mlscner Chapman Mitchell Conn Nosier Crawford Palm David Riddle Davis Rltfuy Gratke Smith of Marlon Gurdune Somers Hogue Stanley Hope Thomas Hudson Thompson Huntington Vaughn Jennings Veness Lake "Wagner Langell Davis ruled no quorum present. A RUMP ORGANIZATION. Brown of Morrow, offered following resolutions: Resolved, That Davis be removed and Smith of Marlon, bo put in his place. A committee was named to seat him. He asked that there be no applause. Riddle raised a protest, and read a telegram from General George II. Williams, of Portland, which upheld the rulings of Speaker Davis. Ilo completely refuted the Hoar theory that the house could do business with less than a quorum. Speaker pro tempore ruled that the Brown resolution was out of order and refused to put tho resolution. Browu put the question and declared It carried. The committee wailed on Smith to put him in tho chair. Lake and Stanley escorted Smith. Lake introduced Smith as speaker pro temporor. A resolution was offered to elect R. R.Hayes, clerk, and remove Ralph Moody. Carried. Thomas, of committee on creden tials, submitted a minority report, naming tho full committee. Crwford offered a resolution nam ing Mess rs.Brown. Hudson and Gritkc. as a committee to wait on one of the state officials or judge of tue supremo court to administer the oath of office. Adopted. The commltteo retired, The committee returned with tho Hon. Fv A. Moore chief Justice of tho supremo court. Tho members present. all but Rlddell and Davis, arose and werenworn miaowing orocers wero eiectea oy following vote: II, L. Bcnson.SDenker. 28 votes; blanks votes. jHiicneu rcceiYea tue straignt Mitchell voto of tho house, three less than a majority. Crawford and Veness escorted Ben son to the chair. Mr. Benson Bald It was no time to make speeches but admonished his supporters that remedial 'legislation was expected at their hands. Hewas sworn in. The other officers were then elected by tho same voto as Benson. It. R. Hayes, chief clerk; Frank Hotter, reading clerk: H. S. Jordan, assistant clerk; E. W. Bart lott. Calender clerk; S. W. White, .doorkoopcr; W. E. Murphy, sergant ntarmB. " Th'Sspeaker was authorized to ap point tlireo pages, a mailing clerk and nn upstairs door keeper. Tho rules of tlo last house were adopted. A lolnt resolution was adonted for a commltteo consisting of three repre sentatives and two senators to notify theGovernor that both houses were organized and eady for business. "Upon motton,4ldjourncd to 10 o'clock a.m. Friday. ""- v LATER. Upon motion Speaker Davis declared 'the house adjourned to 10 o'clock a. m. Friday. One of Mitchell's Lobbyists. Former U. S, Marshal Not to Be Prosecutedi Port Townsend (Wash.), Jan. 21. By tho steamer Alkl tho news comes that a great number of people in Al aska are highly exercised over an an nouncement recently made to a fa vored few to the effect that ox-United States Marshal Orvlllo T. Porter of tho District of Alaska is not to bo prosecuted on a charge of embezzle ment under which he was indicted several years ago by a United States Grand Jury. Several ineffectual at tempts have been made In Alaska to bring Porter to trial, but excuses on account of sickness have thus far saved him. Now tho infoamation comes that United States Attorney Bennett has been Instructed by the special agent at Washington to dis miss all proceedings against Porter. It is rumored that this action is a result of tho efforts of United States Senator John 11. Mitchell, of Oregon, on whose recommendation Porter re ceived his appointment during tho regime of ex-President Harrison, Porter has been in Salem during the entire session lobbying for tho re election of Senator Mitchell. When It was heard tho regulars would organlzo tho house, another warm of advance agents of prosperity came out of hiding ready to bo sworn In and go upon the payrolls of tho state. Washington, D. C, Is tho place to go for opinions. No lawyer, Judge or phbllc official, In Oregon, would say tho house could organlzo with less than a quorum. So Scnutor Mitchell got an opinion all reaey made to order from Mark Ilanna's steering commit tee. Highest of all in Leavoning Power. PORTER Royal ABSOLUTELY PUltE JOURNAL ''X" RAYS. Directed Upon the Oregon Legislature and Lobby. Will Governor Lord recognize an acepholous unconstitutional house? It is a shame to ask those regulars to renew their campaign pledges or shut them out! "I will make you benator and you make me minister to Italy'.'' Sol. IIlrMjh to Mitchell. There arc regular members of Die houc who think the style of the sen ate Is altogether too regular. With two eastern opinions to bacK them, what do tho regulars caro for the opinion of Oregon anyhow? ' If organized on the now plan it will bo wor,so than senate. It will ho called Senator Hoar's house. , . The Statesman is still for Mitchell, at so much a line. Look out for a change when his sack gives out. Tho Hon. Billy Clark tf Gcrvajs, comes as near being "Director" of the regulars In tho house as any man 'this side the planet Mars. Tho report that Col. Bob Mitchell was ihekl up by footpads at Salem proved untrue. It Is Senator John II. Mitchell who is being held up. non. Sol. Hlrsch Is to be minister to Italy If ho succeeds In making a senator. He wants to go to Italy for his health and tho honor. "Thcro is not a state office, or a fed cial office, or a Legislative clerkship that I hayo promised to over five dif ferent persons." J. II. M. Jones of Hood river is tho wrong' man for tho local Mitchcllltes to jump onto and kick Into line for any pur pose. Ilo is a very independent man. Tho people of Oregon do not caro a dash, which one of the tcntrlbcs tho rival candidates for senator belong to; what thoy prefer is a genuine Ameri can. Everything goes by courtesy In tho United States senate. Any opinion wanted is furnished to order. If you don't see what you want, ask for it and you'll get it. Wanted: A new man for senator who Is absolutely without , pledges, who is squarely on cither side of tho money question, to represent the PEOPLE of Oregon. Pcoplo should not complain too much at hold-ups of prlvato citizens on tho streets of Salem at night. Leg islators have got to do something to make expenses. "As an illustrious example of the economy and reforms wo will give tho people, we need only point to senate, with from two to ten clerks on a commltteo and not a lick of work in sight" House regulars. DIED. SAVAGE. At tho family home, cor ner of Front and Union streets, at 1:45 a.m. Thursday. Jan. 21, 1897. Mrs. O. G. Savage, aged 41 years, of congestion of the spine. At the ago of 10 she united with the M. E. church and has endeared her self to all by her consistent life. Al though a gieat sufferer for years with spinal disease, she was always patient and her first thought was for others. On May 25, 1891, she was married to O. G. Savage, who survives her. The mother, Mrs. M. J. Cornish and a sister, Mrs. A. L. Pearoon. both of Salem, survive tho deceased, also three brothers and eight slstors all of whom reside in tho -eastern states. Her father, Mr. Cornish, is nt present re siding in Southern Nebraska. Funeral urrangements hayo not been positively decided upon, but it is quite likely they will be hold from tho residence ut 2 p. m. Friday, conducted by Rev. Geo. W. Grannls. Interment will bo had in tho I. O. O. F. ceme tery. Frcsli supply of tho noted Stockton tomalcs, at Strong's restaurant. tf Latest U. o. Gov't Report. Baking Powder ' ' J.1 & m 4 J ii 4 i i .--