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SALEM. OREGON, MONDAY, MARCH 13, 1911.
NO. 61.
SPECIAL SESSION IS AN OREfiONIAN PIPE. DREAM
1 1 II ill!
NO REASON FOR Atl EXTRA SESSION
SIGNED DILLS PROVE THEMSELVES
TALK OF MISSING RECORDS
THE VERIEST "FLAPDOODLE"
SAYS ATTORNEY GENERAL
He Didn't Say It in Those Words, But Insisted That the Rec
ords Had Nothing to Do With It, That, Even If Lost or De
stroyed, It Would Have No Effect The Bills Being Prop
erly Signed Are Ipse Facto Held Properly Passed by All
the Courts, and Would Have to Be Affirmatively Attacked.
With the assurance of John P.
Hunt, who is now checking the senate (
journal with the house journal, that,
so far, he has found no discrepan
cies which would warrant the call
ing of a special session, of the legis
lature, the assurance of Chief Clerk
Corey, lof the office of the secretary
f state, that wherever discrepancies
haive been found none are sufficient
to vitiate any of the bills passed;
and finally, with the assurance o(
Attorney-General Crawford that,
even though the records were mutil
ated beyond recognition, or wholly
lost, that an extra session would) not
be necessary, as the signature of the
president of the 'senate and the
speaker of the house axe prima fa
cia evidence that the bills were reg
ularly passed, and that to make them
void an affirmative showing must be
made to the wntrary, it begins to
Irok decidedly as though the: stories
wafted about by a certain newspaper,
and cut from new cloth, to the ef
fect that an extra sessioi) will he nec
essary because of defects In the sen
ate journal, are but the continuation
o a quarrel between Chief Clerk
Flagg and the committee appointed
to assist him in revising the journal,
and of which politicians have taken
advantage to create sentiment in fa-
THE JUDGE
WILL FORCE
THE JURORS
ITALIAN JUDGE WILL COMPEL
CITIZENS TO1 DO DUTY AS JUR
ORS REGARDLESS OF THE DAG
GER TO THEM FROM DOING IT.
IXITED PRESS LEASED WIRE.
Viterbo, Italy, March 13. Contin
ued fear of the Camorra on the part
of talesmen in the trial of 40 mem
bers of the band for murder caused
Judge Bianchl today to announce
that he would punish prospective
Jurors who should attempt to evade
service through faise excuses.
"Two panels already have been ex
hausted," said the court. "We must
force men to do jury duty. Begin
Unnlng tomorrow I Intend to inflict
Jail sentences on every man offering
n invalid excuse."
Public Interest in the trial, which
U1 be resumed tomorrow was in-,
"eased today by the news that Clro
Vitozzi, formerly a priest and now
one of the defendants, is in a serious
condition as a result of an attack of
"eart failure.
TURRET OF THE MAINE
HAS BE.EX BECOYERED
fi'M-rnn thess leaskd wire.'
Havana, March. 13. The turret top
of the battleship Maine has been re
covered. It wpleha 91 lnn. anA la 91
,(t in diameter. Although the great
Piece of steel is unwarped, the 300
Bvy bolts that held It In place are
"red in half as though it had
done with a sharp knife. Dur-
the last fortnight pile driving has
, " "upended because of an ob
tructlon in the bed of the harbor.
f .
vor Df a special session, so that cer
tain bills vetoed- by Governor West
might be passed) over his head.
Lots of Imagination.
Mr. Hunt, when seen today, admit
ted that, "while he had found some
discrepancies, they were of a minor
character, and that he had found ab
solutely nothing which, in hus hum
ble judgment, would warrant the
calling of a special session." The
appropriation bills so rar, he states,
were regular, and when questioned as
to articles appearing in a certain
newspaper relative to the calling of
an extra session, he pronounced them
the product of Imagination. He stat
ed that there remained three days'
work yet to .ha done on the journal,
and until it was completed be would
not say whether, In his judgment, a
special session would be necessary as
he did not know what might devel
op. He was emphatic, however, in
the statement that, so far, the irreg
ularities were not sufficient for such
action.
Chief Clerk Corey, who employed
Hunt to check over the journal, was
of the same opinion Discrepancies,
he admitted, had been found, but
none of them were of sufficient to
vitiate any bill passed, and unless
something should develop he was of
the opinion that an extra session
would not be necessary.
Attorney-General Gives Opinion.
That the signature of the presi
dent of the senate and speaker of
the house is prima facia evidence
that the bill has regularly passed,
and that In order to make it void an
affirmative showing must be made to
the contrary, either by the records
themselves or by other evidence, was
in substance the opinion of Attorney-
General Crawford on the subject,
Attorney-General Crawford takes
the position that the records of the
journal might be mutilated beyond
all recognition, or they might be
lost, and still Kiey would have no ef
feet in invalidating a bill. A bill,
in his opinion, can only be invalidat
ed by an affirmative showing by the
records themselves, that it was not
regularly passed, or some external
evidence. Any bill having the signa
ture of the president of the senate
and speaker of the house attached to
it Is, in his opinion, presumed to
have been passed and to tie a law,
and that legal presumption can only
be overcome by affirmative evidence
to the contrary, and not by a showing
that certain records, and which might
be considered evidence that the
measure! had passed, are mutilated
or missing.
A Political Game.
' That the stories afloat relative to
the special session-are but a contln
atlon of a quarrel between Chief
Clerk Flagg and! the committee ap-
pointed to assist him in revising the
senate Journal, and of which advan
I . , , .-1 U.. 1IU... (nl
tage has been taken by politicians for
selfish purposes, is the opinion of
those conversant with the subject.
Tha senate appointed a special
committee to assist Flagg in revising
j he journal during the session, and,
If . nn,l.A. fl-Ta fin-
upon. aujuuriiiut-iii., oniuv. " j f
j pointed to assist him to complete the
work. Flagg contended that the
committee was mutilating the rec
ords, and that it v-ns the cause of
discrepancies creeping in, and that
the last appointment was contrary to
(Continued from Page 8.)
Diaz Will Try Shooting.
'
Mexico City, March 13.
That the determination of Pres-
ldent Diaz to exterminate the
revolution will result in even
more drastic steps than the sua-
pension of personal guarantees
under the constitution was the
general belief here today. It
was expected that the order re-
fusing civil trials to persons
charged with the destruction of
property, and ordering disturb-
ers shot, would have quieted
disorder. As far as could be
learned here, however, the dep-
redatl'ons of the lawless element
continue.
4
QUARANTINE AGAINST
THE CHINESE PLAGUE
UNITED I'ltESS LEASED WIRE.
Honolulu, March 13. Steamship
and shipping companies here are
in possession today of notification by
United States quarantine officials
that a quarantine would be imposed
upon all vessels arriving or clearing
from here because of plague condi
tions in the Orient. The Pacific Mail
liner Mongolia, from Yokohama, was
the first vessel to be subject to the
Inspection.
o
FISHER IN AND
BALLINGER OUT
rnxiTED rncss i.earkd wihe.1
Washington, March 13. Walter L.
Fisher took the oath of office today
as secretary of the Interior. R. A.
Ballinger, his predecessor, will re
main here until Fisher shall have be
come familiar with his duties. Fol
lowing this Ballinger will go to Seat
tle, with the announced purpose of
tiling his threatened suits for slan
der. L TO
AWARD THE
PAVING RIDS
AX AGREMEXT HAS IJEEX MADE
WITH THE IJITULITHIC COM.
I'AXV AM) BIDS HELD WILL BE
AWARDED TONIGHT.
The street paving campaign, for
the coming season is expected to be
launched this evening when bids will
be considered by the city council for
the paving of Asylum avenue and
Twenty-fourth Btreet with bltulithic.
The bids for the paving of theee two
streets were rejected several weeks
ago, because the Warren Construc
tion company failed to agree to
guarantee the paving for five years.
It Is understood now, however, that
they will agree to this, and the con
tracts will no doubt be awarded.
The awardment of these contracts
will come as a message of good cheer
to the progressive element of the city
as it will mean the awardment of con
tracts for other streets, and for the
pavement of which the people have
petitioned and begged upon bended
knees. The street committee has
been holding them up, with the view
of securing better concessions from
the paving companies, and they have
secured concessions which are now
better than any enjoyed by any city
in the Northwest. There, therefore,
seems no reason for further delay,
and the street committee tonight will
no doubt report favorably upon a
batch of petitions for street Improve
ments, anil direct the city recorder
to advertise for bids.
The petitions- which have been
held up by the committee are those
praying for bltulithic on Chemeketn.
High, Liberty, Church, Ferry and
Front streets.
COUJCI
4 The Oregon Is Heady.
-
Bremerton, Wash., March 13.
With a mllli6n dollars worth
of repairs practically completed
the famous battleship' Oregon
can be sent to sea prepared fr
active duty within ten days,
according to naval officials here
today. Nearty 200 men to man
her are available on the training
ship Philadelphia, and la am
emergency more sailors could
be recruited from the training
stations of California.
The civilian guards have
been removed . since the "war
news" became prominent and a
guard of enlisted men substl-
tuted. ,
SOUTHERN
THE FIGHT
Wants Its Franchise on Front
Street Renewed, and Is
Willing to Accept a Common
User Clause to Obtain It.
SITUATION, VERY. DELICATE
A Complication That, Will lie Used
to Delay Action by the City Ooun
cil and May Defeat the Hill Sys
tem Getting Into the Wholesale
District There Is a Battle Royal
on, and tlie Council Meeting To
night Will He Interesting.
There will be a battle royal tonight
at the city council when the Oregon
Electric franchise comes up for pas
saga. The Southern Pacific has
awakened to the fact that It means a
competitive line on Trade end Front
streets, tha wholesale and! manufac
turing districts of the city, and the
big men of the Karriman lines will
be out In full force to delay action.
The Siluatlon Delicate.
The Southern Pacific franchise on
Front street expires by limitation
September 8, 1911, and them the
Welch franchise on the center of the
street for 25 years goes Into effect.
According to its terms, clause 10 con
tains the following words: "Shall
not be assigned to any person or
corporation without the assent of the
common council of the city of Salem,
expressed In appropriate resolution
or ordinance."
The Southern Pacific, which for
two years, resisted a common user
clause on Trade street or Front
street, either, now offers to accept a
common user clause on Front street,
rather than not get Its franchise re
newed.and defeat the Oregon Electric
franchise.
Worth Fighting Over.
By no fault of the Oregon Electric
franchise the Southern Pacific would
be down and out, unless they could
get the Welch franchise transferred
on Front street. Whatever the con
flict of interests between the South
ern Pacific and the Welch franchises,
1 the people on Front street are not
objecting to the- Oregon Electric
I franchise, and the business men of
Salem rejoice at the prospect of a
competing llrx on Front and Trade
street. It means competition for the
jobbers and big shippers, and that is
what they w.ant.
Delay Mean Thousands.
Delay in granting the Oregon Elec
tric franchise means thousands of
dollars .to the Southern Pacific. De
feat of the franchise means retaining
a monopoly of the traffic of this city,
which amount to hundreds of thou
sands of Vllars annu.jly, and the
business men who are figuring on
lower rates at present, and have a
rate expert employ?; to carry a ease
before the railroad commission, will
PACIFIC
FLEET EXPECTS TO
AND LAI
Is There an Understanding,
Mexican, Hex., March 13. ,
Twenty ' rurales, accompanied
by all the Mexican customs of- 4
fleers, who were driven out of
Mexlcali by the lnsurrectos, are
today on their way to Yuma,
Ariz., over American territory.
They received instructons from
the Mexican government to re-
port at Yuma and there meet a
force of Mexican troops, who
will attempt to take possession 4
4 of Algodones and hold It against 4
4 the rebels. The statement was 4
4 positive that Mexican tronps 4
4 would meet the rurales at 4
4 Yuma, on American soil. 4
4 4
44444
be out in full force! at the meeting of
the city council this evening.
Harrlmnn Versus Hill.
It is a square contest between the
two mightiest transportation forces
in the world, and It is seldom a little
city like Salem is the center of such
a cyclone. The aldermen and the
mayor are fuHy alive to the situation,
and will give the big corporate law
yers a full hearing, and then do
what Is for the best Interests of the
city they are chosen to represent.
The general sentiment of the immu
nity is that the Oregon Electric fran
chise wjjl. .go through without a
scratch.
THEY SHOWED THE
JAPS HOW TO FLY
Osaka, Japan, March 13. Prince
KunI YoshI Kunl, grandson of the
Mikado, today complimented "Bud"
Mars and Captain Thomas S. Bald
win, American aviators, who yester
day gave the first demonstration of
aviation in Japan. The aviators
made three flights before 400,000 per
sons, CONGRESS
FilAY MAKE
HQUIRIES
ADMINISTRATION IS FLANSING
TO FORESTALL ANY FOOLISH
QUESTIONS CONGRESS MAY ASK
CONCERNING THE ".HA?fEU
YE ItS."
Washington, March 13. Plana to
forestall a congressional attack upon
President Taft as a result of the
"military maneuvers" are being con
sidered today by the administration
supporters. In order to avert reso
lutions of inquiry, the war depart
ment probably will announce details
of the administration's version of the
mobilization.
Senator La FolMte, It Is under
stood, la engaged in preparing a reso
lution Inquiring whether the troops
were mobilized to aid Wall street In
terests.
THANK-OFFEltlNIi SERVICE
AT FIRST 5f. E. (IIUKCH
The Woman's Foreign Missionary
society of the First M. E. church of
this city will hold the annual Thank
offering service Tuesday at 2:30 p.
m., in the lecture room of the church.
Three young Japanese students of
Kimball college, will be present and
address the audience. Chinese tea
and cakes will be served by young
ladles dressed In costume. An Inter
esting program has been prepared.
Every one cordially Invited.
Third Si t ef Tw tli.
Dixon, Calif.. March 13. Going
Dame Nature one better and discard
ing precedent, Tom Elbe Is cutting
his third set of teeth. Rome time
ago his teeth became so loose that he
pulled them out with his fingers. Im
mediately a new set began to grow.
DAS DO 1
MARIES AT
WIRELESS INTERRUPTED
CAUSES RUMORS OF A JAP
WARSHIP OFF LOWER COAST
Army Will Go to American Tia Juana, and General Bliss Will
Establish Headquarters There- If Not Across the Mexican
Line The Conviction That Something More Serious Than
the Mexican Disturbances Has Caused the Mobilizing of
Troops Grows Daily Stronger .
UNITED TRISS LEASED Willi.
San Diego, Cal., March 13. Des
pite the usual dearth of oflloial Infor
mation, every indication in both the
army and naval branches of ths um--b!-,,d
Americai forces here unlay
Is that action ia expected within a
few hours, at n-ost. What the actlcn
will bo It Is etH'. I roblematlcnl, hut
the advance of part of the army
foicea to the American Tia Jutnn,
tne dispatch of the destroyer Q;et
down the Mexican coast,' and the
landing of the Bucalo's 600 marines
with, 14 days' provisions at Magda
lotia are only some of the rumored
developments soon to come.
Army Will Bo Advanced.
, la support of the prediction that
General Bliss' headquarters will soon
be at Tia Juana If not across the
Mexican line Is cltod the fact that
military officers for days have been
collecting information as tp scouts
and water supplies In Diaz land. All
lof yesterday was put in by Captain
James Longstreet, of the Eighth In
fantry, chief ordinance officer and
chief engineer, wA other officers
along the Mexican line. Captain
Longstreet wore uniform on hla mis
sion, but carried' no side arms. These
activities of the army mon have con
MHHMHHHHmtHttHMMMMIMIHMIHIHIII
vw ai v V V
clothes'and prove the truth of this assertion.
Prices $10.00 to $35.00
Salem
Woolen
COAST
HGDAIffi
vinced observers that they have rea
son tp expect a move southward very
soon. ,
Fleet to Go Down Coast.
The probability of a dash down
the coast by the destroyers was tak
en from the fact that Commander
Richardson, in command of tha mos
quito fleet, and Admiral Thomas
passed almost all of yesterday in
conference, and last evening a gener
al council of the commanders of the
torpodo boats, destroyers and subma
rines was held.
I "There has been no change la
the situation yet," sadd Admiral
i Thomas today. "As . all can see,
steam Is up on all the ships, and we
are ready to start anywhere on a mo
ment's notice."
Will IjiikI Murines.
That the Buxalo will soon follow
the York town down tha Mexican
court, and that she will land her 600
marines, with 14 days' rations, at
Magdalena bay Is confidently predict
ed, Since the Buffalo's arrival' not
one of her officers or men has been
ashore. Wireless messages from the
Yorktown, It is said, have convinced
Admiral Thomas of the necessity of
f Cod tin tied on pag 4.)
EVERY time
you buy an
ordinary suit you
take big chances
of disappointment.
EVERY time
you buy a
BISHOP'S READY
TAILORED SUIT I
you guard against
disappointment.
LET us show
vnn tliPA
Mill Store
Every!
lime :