Daily capital journal., February 19, 1897, Image 1

JOURNAL
5
J:
q)1 u'uw
VOL.. 9.
NO.44
SAJLEM, OHEGOT,PBT3XAT, FEBRUARY 1, 189T.
DAILY CAPI
TAL
Mitchell or Btisf Pro
All Legal Quibbles Are Cast
Aside to
GET MITCHELL ELECTED
Twenty-Seven Seats to Be
Declared Vacant,
CANNOT GET FORTY-SIX IN,
So They Will Proceed to Elect With
Only 32.
AS A LEGAL QUORUM OF 63
And Send Mitchell to Washington
With Spurious Documents,
Dr. J. N. Smith threw a rotten egg
into the Benson house this niorntng
when lie inquired of Huntington about
the committee apppolnted to see
whether the legality of their proceed
I ng could not be taken into the courts.
Huntington replied that the com
mittee went to work to make up a
test case but a certain gentleman in
the interest of a certain candidate
told the committee to drop the mat
ter and the committee had never met
again.
This was an admlslon that tbeMit
chell managers were afraid to submit
the legality of theBenson house to any
court in Oregon. It created a sensa
tion. The Mitchell or bust combination
'Hold their final seance at 10:30 tonight
in thelegislative chamber of the house
and will attempt to give him a seat
with or without a quorum. The sen
ate adjourred over to Monday after
noon just as though there were no
Benson house in existence. Chairman
Brownell has ruled and the conven
tion has proceeded on the theory that
It could not proceed to take a vote on
senator unless a lawful quorum of a
majority of the ninety members wee
present as required by the act of con
gress regulating election of senators.
Now the result of this theory is to
force the Mitchell managers to declare
certain scats (27) vacant,and then pro
ceed to elect with a majority of joint
assembly composed of 33 representa
tives and 30 senators, or a majority of
03, which would bo 32. If Mitchell can
get 32 votes tonight he will be
armed with a good enough certificate,
if duly signed by the joint officials
to go to Washington and claim his
scat. President Brownell will not
have to reverse his ruling, that in the
absence of 46 no vote on senator can
be taken, because after the Crawford
resolution passes it will only require
32 to make a quorum of both the
house and senate. This will allow
Mr. Brownell to adjust his political
conscience to the necessity of the
case and do no violence to that elastic
integument of his statesmanship.
JOINT CONVENTION.
At 12 o'clock President Geo. C.
Brownell called to order and following
were present and answered to rollcall
JOINT ROLL CALL.
Benson, Bridges, Brown, Brownell,
Chapman, Conn, Crawford, David,
Driver, Dufur, Gratke, Gowan, Gur
dane, Harmon, Hogue, Hughes, nope,
Johnson, Jennings, Langell, Marsh,
Merrill, Nosier, Patterson, Price,
Palm, Rigby, Smith, Somers, Stanley,
Thompson, Thomas, Taylor "Veness,
Reed 35.
Letters were read from Vaughn and
Mitchell, that they would be present
thi evening; also from Hudson. Wag
ner came in at close of roll call but
was notcounted.
Harmon moved to dispense with
reading the journal.
Johnson moved to adjourn to 10:30
tonight.
Both motlqns carried.
The Benson bouse will .meet at 7:30
and adopt the resolution declaring 27
seats vacant and at 10:30 the ballot on
senator In the double rump joint con
vention will be taken.
gram
THE TWO HOUSES.
Both houses of the lowor house held
sessions,
The Davis House adjourns from rky
to day, and will continue to do so
until permanent organization Is ef
fected. BENSON HOUSE FRIDAY.
The Benson bouse met at ten a. m.
Mr. Benson in chair. Boll call showed
20 present as rollows:
Benson, Bridges, Brown, Chapman,
Conn, Crawford, Dayld, Gratke, Gur
dane, nogue, Hope, Huntington, .Tell
ings, Lake, Langell, Marsh, Merrill,
Nosier, Palm, Rigby; Smith, Somers'
Stanley, Thomas, Thompson, Veness,
26.
Journal of Thursday was read.
Somers arose to dpeakto the Craw
ford resolution, unseating the opposi
tion. He read from notesshowing
that no such cpndltion of things had
ever prevailed in any legislature In
any state of our country. Who shall
he blamed? Those In their seats or
those who have refused to attend.
Had this house the right to declare
seats vacant? If this house had not
that power who had that warrant?
Because the governor alone had the
right to issue a warrant for a special
election, that was not an aigumcnt
why we should not declare thfi seats
Vacant.
Sec 472, Cushing'slaw of practice of
legislative assemblies, declared If a
member failed to qualify his seat
could be declared vacant, and these
resolutions were an official notice to
the governor that they were vacant.
Let these men go home to their peo
ple and receive the censure which it is
also the duty of this house to admin
ister. The measures recited in these
resolutions were not binding on all
members who voted for them, but
outlined the general policy of lpgisla-
tlon on which all here were agreed. It
did not commit any man to any bill
there mentioned.
THE OTHER SIDE.
Huntington questioned the right of
this house to" go forward with this
proceeding to declare vacancies.
This house had this power or it had
not. If they had not the power it
was an inane and useless thing to at
tempt to pass them. It seemed to
him that if there was a vacancy it was
for the goyernor to determine if there
was one. The house was die Judge of
the election and qualification of the
members thereof. Sec. 2551 code was
the section on which this proceeding
was based. It was a well settled
principle of law that a court abhorred
declaring a forfeiture, and any con
struction of law was to avoided declar
ing a vacancy. This house was not a
court. Sec. 2552 declared that failure
to execute an official bond caused a
vacancy but It did not exist unless de
clared such by the governor. This
house had the same right to
declare these members dead that
it had to declare their seats
vacant. Would the finding of
this house create a fact that
did not exist. Failure to take the
oath of office did not create a vacancy
unless that fact is declared by proper
authority and before a proper tribu
nal. These members did not have to
file their oaths here. We could not
prove that they had not taken the
oath of office. Theyl could take it
before any magistrate. Were we not
called upon to pass on a matter most
serious in its nature with no evidence
before It? There was not enough
evidence here to convict Id the most
trivial lawsuit. Other considerations
might properly have recognition be
fore a caucus, but not here. To ac
complish a political result these men
had pursued a revolutionary course
and he had not one word of defense.
At one time a committee was ap
pointed to ascertain if this matter
could not be detemlned in the courts.
The committee never roported. The
committee were told It was not de
sirable to test the legality of this
bouse In the courts, The hold-up
members were not without grounds
to stand upou, and could find a mote
In the eyes wa were directing upon
the opposition, tfe are not blameless,
Nosier asked why there hud not
been a test case made to take this
matter Into court.
Smith replied that thetu Was a
committee appointed of the" lawyer
members of this house.. Why had
not Huntington submitted n minor
ity report ?
Huntington said the committee had
met and he had proceeded to investi
gate and he had
Brown, of Morrow: I raise the
point of order that there Is a motion
before the hou.-e.
' It was voted to fix (he time to ad
journ at 7:30 p.m.
HunMngtnn resumed his statement-.
i He had proceeded with the Work of
making up a cuse, but that ceriain
gentlemen In this state not members
of this house, but interested in the
candidacy of a certain gentleman for
United States senator were-
doubtrul about taking this matter
into court. Lake asked if the speaker
had not come Into a caucus! and made
a verbal statement.. He said he might
have done so.
The house refused to adj mm.
Crawford moved to defor consider-
t I
tlon until 7:30 this evening. He
wanted all the membeas to have the
full forty days to come In and qualify.
ne was willing to stay twenty days If,
needed to enact some remedial legis
lation. On this question the roll was called
David of Gilliam, charged that it
was u high crime to deny to any man
the right to legislate here unless a man'
voted as some one else wanted him to.
(Applause of Mltchellltes.) What
right had 27 men to hold up this legis
lature? These men could not main
tain their position. The eyes of the
people of all Oregon.and of the whole
world were upon them,
Brown, Chapman, Hogue, Merrill,
Smith, Somers and Veness voted, nay.
The others voted aye.
The house adjourned to 7:30thiseve
ning. BENSON HOUSE THURSDAY.
Roll call showed 20 present. Craw
ford's resolutions read as special order.
Benson moved to amend so as to in
clude a primary election In the list of
promised reforms. Adopted.
Hogue offered further amendment,
that the members named as having
forfeited their seats be forever barred
from being candidates for re-election.
(Laughter.) Ruled out of order.
Thomas moved to strike out word
"exorbitant" before the word fees.
Carried.
Conn moved that further considera
tion be ffxed for Friday morning. Car
ried. Somers oflered resolution for a com
mittee of three on mileage and per
diem of members. Adopted. Somers,
Jennings and Gratke were appointed.
SENATE FRIDAY MORNING.
Opened with prayer by Rev. J. P.
Farmer.
The committee on judiciary re
ported favorably upon S. B,'82 the
county salary bill, with extended
amendments. After an hour's faith
ful work, the amendments were
adopted, and the bill' advanced to
third reading.
Selling moved that when the senate
adjourn it be to 2:30 o'clock Monday.
Carried by the following vote:
Ayes: Bates, Carter, Dawson, Ges
ner, Hobson, Holt, King, Mackay,
McClung, Mlchell, Mulkey, Patterson
of Washington, Selling, Smith, Wade,
Simon 16.
Nays: Brownell, Calbreath, Daly,
Driver, Dufur, Gowan, Harmon, naz
eltine, Hughes, Johnson, Patterson of
Marlon, Price, Reed, Taylor 41.
Senator Smith stated that he voted
as he did to give the house a chance
to organize. He later moved recon
slderatlon, which was lost.
Adjourned.
Or the 35 applicants for teachers'
certificates, only 11 succeeded In pass
ing the examination which took plrce
In Pendleton, Wednesday. Thursday
and Friday, of last week. Six of tho
35 6trove for flrstelass certificate, and
all failed to make the necessary per
centage.
Mrs. S. A .Randle.wlfe of the princi
pal of the Santiam academy of Leb
anon, died very suddenly at her luroo
in this city this morning, of heart
trouble. She had been In poor health
all winter. The body wlljbe buried
In this city Friday.
RAYS,
Directed
Upon rJpa Oregon LegUUture
and j Lobby,
Nothing Is more contemptlblo than
a Jlar, but or all' Haw a paid one Is the
wbrst. ' t
'
Can It) be tfi'afc President) David
Stqrr Jordan 13 it materialist and
dont know ItfrV,.
Hello! AnfUtiie Crawford resolu
tion was a paid ad. Wasn't it drawn
up In thepush office V
.
The Journal has candidate for
the senate. filename Is Consistency,
it don't care what party he belongs to.
The Statesman s$Hl Insists Mr. Cor
bett Is ouly the very exceedingly worst
man In OregonJnolltlcs. This lets Jo
Simon out.
'
- ,
They waited until they thought It
was perfectly safe too late to
hold an election before they declared
the seats vacant. J ,
V
The German Reichstag, parliament,
Is In a deadlock, and all over perqui
sites. Nat over j.50 of 400 members
can be" forced to atyend.
,
Mulkey, Jones and. Patterson still
lives, in spite of the ferocious on
slaughts on their political virtue in
the Hired Morning Liar yesterday.
When it comes to the Mitchell push
hiring women to scatter hairpins In
the stairways of the Eldridge block
bregou politics has. got both very low
and extremely dirty.
-
. A number of senators who voted
ngainst o,dj0unlng over to Monday at
2:30 did so under the Impression that
the senate wanted to adjourn sine die.
None, hut Mltcliellltes wanted that.
When the Investigating committees
which have been ordered by the sen
ate begin to got In their deadly work
there will' be no corner on white Wash;
however It may;becomea trifle scarce
and high. "
- - -
i Iky Patterson Insists that. the "boss
who has grown rich and fat furnish
ing groceries to state institutions"
means him. Nobody over suspected
tliat iky aspired to be a boss, and of
course everybody knows that he never
made a bean on state groceries.
r
The Journal would like to give
Iky Patterson credit for being ccnom
ical, but It might lead some people to
think him a Populist. The fact is he
made almost a Populist record on
some things.
The Salem Statesman is- not a
prophet exactly, but one thing is true:
All It has prophesied from day today
came just as true as what it said
would happen the day before. But no
one should blame It. Its prophesies
were all paid for.
It is but justice to Mr. Mitchell to
say that he Is not wholly a demagog.
He has been only two-thirds a dema
gog. He has advocated, a single stan
dard and a double standard, but he
has not yet alto advocated lrrcdecm-1
able flat money.
Suggsetion is made in Stato Treas
urer Metcham's report, that the nearly
$20,000 collected last year from
the gross premium Insurance
tax be transferred to tho general fund.
It ought to be put In the common
school fund. It Is now put in tho
irreducible school fund and no one
living will ever get any benefit of It.
Tho number of strangers who un -
ceremoniously dodged about the sen-
and ex-members Innumerable, and
the senators who were not consulted
by outsiders, today, were few Indeed.
It Is not generally known, but It is
a fact, that Senator Mitchell paid
Geo. Brownell's railroad fare from
Kansas about live yearn ago, before
the people, of Oregon, made him an
Honorable. The .senator may also
buy(?Jhlma ticket to return.
Consistency thou art a Jewel Indeed 1
TUB UCY. . ! " -", -uv. ...
t-ii..ii... eniiAnl liua Int.rnriiif-wl n hill
UlMumj "-"'"I -v.-.. - ...
in tho senate to give ins school the
J right to Issue state diplomas,
he the kingpin of the A. P. A's.
aro opposed to church and state I
And
tna1,
i You can gamble on It that If Jon-
' athan Bourne's house ever is sworn
1 and adopts a resolution it will follow
I .. . !...l,.r. In Hin c.l. Unas If
, ti-lnntha flln,r Ttitmnn.
necessary vu u.m& .v....e v...w..-
journal; 'X"
Ucs to the scats they now profess to
be so anxious to occupy.
Tho constitution requires the sen
ate not to adjourn more than three
days at r time until by a Joint resolu
tion with tho house It agrees to ad
Jourh sine die. Tho house Is required
until permanently organized to ad
journ over from day to day, and can
not adjourn sine die until permitted
to by tho senate. The latter cannot
at the present status act with tho un
organlted house, so It looks as though
both would have to Rlt sine die.
Wanted: A Self acting concentra
tor; one that will act very promptly
and 'with great persuasive power. It
must oe furnished immediately, and
it must have sufficient capacity to
bring tho scattered forces of the Ore
gon legislature entirely -wiium its
grasp and reduce thorn down to but
ono Idea, that Is the election of United
States senator. A very good prlco
will bo paid for one that will act
prompt and show desired results. Ap
ply to the office of the old established
firm of J. H. M. & Co.
The official State (sman) Liar this
morning has a scarehcad: ''Lake
takes his seat In the joint convention."
He was sitting there at his scat when
the roll was called, but did not answer
and was notaparticlpant.and was not
considered as particatlng and no one
imagined such a thing. The Liar
also says Simon had a petition signed
up to make his senator. The school
boy method of getting men to sign up
and then frame their names In a
standing ad, Is practiced by only one
faction of this house. As a prophet
the organ of John .Holdup Mitchell
and Chas. Walkaway Fulton has
reached tho end of Its string, but as a
liar It surpasses Itself from day to
day.
PHILIPPINE ISLAND3 REVOLT.
Losses of Leaders Have Told Heavily
Upon Them.
New York, Feb. 19. A dispatch to
tho Herald from Manila says:
General La Chambre, who has oc
cupied Santo Domlngo,is now advanc
ing on Sllllng.Cornell and Marina and
will attack tho rebel forces within
three days. The number of troops
employed Is not published. The bat
terles employed aro two Krupp bat
teries of eight centlmetcrles, one bat
tery of nine and two mortars of 15
centimeters. With General Lo Cham
bre is General Marian, who tukes one
battery of nrtillery of eight centime
ters. From all reports It would seem that
If the Spaplards uro lucky enough to
inflict a decisive clmtslso.iuent upon
the rebels in Cavlte, the entire levo-
lution will collapse. The absence of
a real leader must tell upon tho rebels,
and all their principal men urc cither
In the fortress here or have been shot
by tho authorities. Francisco Rojas,
the millionaire and friend of General
Blanco; Rlzal, the doctor and idol of
the Philippine Indians; Luna, tho
artist whose picture won a gold medal
at tho Parlsexposltlon.and every other
native or half-caste of wealth or In
fluence In the Catlpununor Inner cir
cles of conspiracy, which tho nutlves
created for their own purposes Inside
the lodges of Masonry, Into which tho
Spaniards cntldently Initiated thorn
years ago,are In the tolls of the law
and may be shot uny day.
An Immense amount suffering has
been Indicted on their families by
i
I
. mU!c mlBL'ufded men In dozens of
cuseg , e9tates of U(We jrapicntcd
went, and people formerly opulent are
I reduced to poverty. Evemsorae native
Catholic priests arc among tho pris
oners, seven ut least having been
tempted Into the plot.
The machlnutlons of the rebels seem
to have permeated all quarters, and
they have taken In their withering
' grasp native and hfllf-brceds Jn every
'station of life, from the millionaire
' property-owner, local
governor,
government clerk, official doctor or
professor in college, to the mostlg-
, norant aim pourew HBiicnnmi mm u-
l mestlc servant In foreign or Spanish
employ. Indeed It would be dlfllcult
to tlnd a parallel for such widespread
iacnery.
CJJCk otoiuca.
n to
rit
li
il ii
&&
wry
J !
N
Mitchell Writes a -Lelftr.
To the Republican Joint Con
ference
WITHDRAWING HIS NAME
Declination With a Big String
to It.
HE ARRAIGNS THE OPPOSITION
As a Scheme. to Injure the Republi
can Party.
AND ELECT BOURNE SPEAKER,
His Pathetic Farewell "Procured"
The Latest.
The Journal has secured an ad
vance copy of a .what Is practically
John II. MltchcH'ct furewell address to
tho people of Oregon.
A PRIVATE CIRCULAR.
Senator Mitchell has had printed,
today, a circular letter setting forth
his claims to election And rovlowLsg
all tho details of the situation.
It recites that on and boforo Janu
ary 14, forty-seven Republican mom'
bors of tho legislature, being more
than a majority signed a call for a
caucus whloh was held at 7:30 n. m.
of that day. The call and signers aro
Mien soir lorin.
Ho then. arralngns tho fourteen
Republicans who declined to go Into
the caucus and who have refused to
support tho caucus nominee.
Q?Iip letter recites how Senators Car
ter, Gesncr and Mulkey gave their as
sent to tht caucus, though unablo to
bo present. Of those who were pres
ent and not present, 47 In all, Mitchell
claims he was tho nominee.
Thoso qualified are: Senator Simon.
Bates. Mackay, Selling, Patterson of
Washington and Mitchell, and ronro-
sentative Huntington. He also names
seven Republican representatives who
have not qualified: Bayer, Davis,
Hill, Maxwell. Povey, Jones, Dayls,
j-iiese 14 aro Kepuoiicans.
CIIARQES A COMBINATION.
Mitchell then charges; " A combina
tion therefore exists between this
small minority of Republicans who
refuse to be governed by . tho will of
tho majority, and seven of whom have
failed or refused to qualify, and
the representatives of tho Populist
party, ana or tno bimetallic party, all
of whom havo refused to qualify, tho
uvpwca purposcas i unuerstanu ooing
lirst the election of Jonathan Bourne,
and secondly, the defeat of your nom
inee ror senator.
The history of politics since the be
ginning of government fails to furnish
u parallel in any stato to the situa
tion thus presented. i
The spectacle presented Is that of a
minority realizing their luck of power
10 aictate ana control in tno selection
of a speaker of Mio liouso of represen
tatives and in tho choosing of u
United States Senator, deliberately
refusing to qualify and tako their
scats In the house, tharcby intending
to prevent the presence of a quorum,
and absolutely blocking tho election
of both speaker and senator, and leg
islation as well.
Such a procecdlng,whatover may bo
the motive of thoso promoting lt,tonds
strongly and Inevitably and
toward anarchy. It is a mo3t danger
ous menace, not only to the integrity
of tho organization of the Republican
party, hut to the very existence of our
government, both state and national.
It Is a proceeding that should receive
the unqualified condemnation of ev
ery law abiding citizen of all political
parties.
Thoso who give Itthelrcountenanco
or support, either directly or In fere u
tlully, or whatever party affiliation
deserve to be classed with the ene
mies of law and order. To permit It
to bo established as a precedent would
be to set in motion an clement of dis
cord and and disintegration that will
eventually sap tho very foundation of
our political Institutions.
In view, however, of tho present
status of the United States senate,
and us jt will be after the 4th of
March next. It Is of the utmost Impor
tance that Oregon should at this time
electa Henutor. This fact must 1)0
appreciated by aycry true Republican,
Tho Republican party Is infinitely
greater than any other man. Its In
terests are paramount to thoso of any
other Individual.
It Is your duty to elect a Republi
can senator, and In your power and,
while, us your nominee, 1 personally
am ready and willing, as. you all
know, tc stand by and with you for
the Integrity of party organization
and the maintenance and perpetuity
of the rule of the majority, still I do
si ro to say to you now, In this public
manner, that while I believe that the
minority should not be per
mitted to dictate to the ma
jority and that there la now u
prlnclplo Involved In this contest
which Ik Infinitely greuterthan the
Interest of uny one Individual, yet as
I have repeatedly stated to each of
you Individually during the last
thirty days, I do not claim to control
your Judgment or assume any right to
dlroot vour forces. Therefore when
ever you can see your way clear to I
ououso & Republican senator other
than myself then you must nut
furono moment permit the fact of my
nomination or of niy candidacy to
stand In the Way, In other w'ortlsi I
ilm lit your liundstyou nave muuc tuc
your nominee, uo Willi mc as you
please, ana l win oo cimicnc. iw
your whole duty, to the Republican
party, the state of Oregon, and the
nation. You know full well tho
character of the combination
against you and the Influences
through which It found Its origin and '
by which it has been maintained.
Exercise your best judgment, keeping
steadily in view tho best Interests not
only or the Republican party, but of
the state and nation.
John H. Mitchell.
An unusual Incident occurred near
Fossil the other day. Beuber and
French sawed a tree measuring 13
feet, In diameter, and though they
sawed until the teeth of tho saw t
panic through on the opposite side,
J,hc tree was free from all support,
thongh they pried and chopped and
wondcrcdand talked, still that tree
stood there, and. stjll the saw re
mained pinched. At lass they were
obliged to go home, leaving the tree
standing on Its stump. Next day
tho tree was down. It had apparently
sprung or slid rrom its stump, strlk,
ng perpendicularly in tho sandy, soil
at first, making; u hole live feet dcep(
and as far across.
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m
NoTHiNO Like It. Some people
wonder how It Is that Strong's Res
taurant holds Its wonderful grip on
the public It Is simply by placing
on their table tho best the market af
fords, accompanied by excellent ser
vice. Wcstacott & Irwin.
POWDER
Absolutely Pur
Celebrated for hi Bft leavening Urencth
and liealtMulneM, Amte the food aealnit
alom and all forms adulteration common
to the cheap brand. KoVAL DAKtoO Pow
nek Co., New York,
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