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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 25, 1907)
12 THE MORNING OREGONIAN, SATURDAY, MAY 23, 1907, COOS BAY GRANT ALSO ATTACKED More Than 100 Residents of Region File Suits Against Land Monopoly. , JOIN GENERAL MOVEMENT Between 60,000 and 90,000 Acres Held by Southern Oregon Com pany in Violation of Original Contract With Government. Repudiating the J2.50 an acre price limit, fixed by Congress and the Oregon Legis lature, on sale of lands granted to the Coos Bay Wagon Road Company as bonus for a wagon road from Roseburg to Coos Bay. the present successors of that com pany claim the right to charge, in excels of that figure, whatever they wish, just as the Oregon & California Railroad and the Southern Pacific are doing with lands granted as bonus for railroad lines. Like the railroad magnates, the Coos Bay barons refuse to sell at the J2.50 fixed price, calm fee simple title in the lands to do with as they please, and deny the claim of would-be "purchasers that the acts of Congress and the Legislature give such persons the right to acquire any part of the land at any price what ever, unless the possessors are willing to sell.- The land Is now in the possession of the Southern Oregon Company, a corporation of non-resident landlords headed by Eli jah Smith, of New York, president. Their repudiation of the terms of the grant has continued many years. Now finally more than 100 residents of the Coos Bay region have started suits to release the monop oly grip Rnd admit settlers and others desirous of acquiring the land, as the granting acts Intended they should, and of developing the country. Join General Movement. The would-be purchasers are joining the general movement throughout "West ern Oregon for enforcement of the orig inal terms of land grants. Up to this time the possessors ot the granted land have managed to ward off other attempts to compel them to conform to these terms. They have been so successful at this that they have grown confident of their ability to repudiate perpetually the original terms of the grants and estab lish absolute title for themselves. The Coos Bay lands, amounting to a total variously given between 60.000 and 90.000 acres, were awarded, under an act of Congress of March 3, 1S69, and an act of the Oregon Legislature pursuant fhereto, of October 22. 1S70. to the Coos. Bay Wagon Road Company. The lands were a subsidy for construction of a wagon road from Coos, Bay to Roseburg, In order to open communication, between an important harbor and a. leading interior City, through an unsettled region. Ths grant consisted of three sections of landi or 1S20 acres, for every mile of Toad, "being odd-numbered sections "to the extent of th'ree sections In width on each side of said road.'" As In the case of the odd-numbered sections granted to the railroads, the land was given in lieu of cash bonus, and was to be converted into cash, by celling to settlers. The selling price of the granted lands was limited by the following proviso In section I of the Congressional act: "Provided further, that the grant of lands hereby made, shall be upon the condition that the lands shall be sold to any one person, only in quantities not greater than one quarter-section, and for a price not exceeding $2.50 an acre." Bills Killed itt Senate. At the last session of the Oregon Legis lature, bills to confer on any individual the right of the state to sue for com pliance with the granting acts and to require the Circuit Court, after due legal process, to order conveyance of title to applicants for land within ten days, were introduced In the Senate by Malarkey Of Multnomah and in the House by Chase PRICES LOW GRADED STREETS CEMENT WALKS PURE WATER STREETCARS ELECTRIC LIGHTS TELEPHONES BOULEVARDS SCENIC ENVIRONMENT NATURAL BEAUTY TWO MILES FROM DOWNTOWN 15-MINUTE RIDE SPEEDWAY GOOD NEIGHBORS FINE HOMES SCHOOLS CHURCHES TERMS EASY of Coos. The two bill were both slain in the Senate by Elijah Smith and allied corporation interests. The Malarkey bill died In the Senate committee on public lands Sichel, Schol fleld. Beach, Coshow and M. A. Miller of Linn.- The Chase bill, after passing the House against but one negative vote, was adversely reported by the Senate committee and indefinitely postponed. Elijah Smith Insisted that either bill would open the way to virtual confisca tion of vested rights of the Southern Or egon Company; that the company has become vested with fee . simple title through long lapse of years; that it has paid $100,000 taxes on the lands in 30 years and will pay this year $7,600 taxes on an assessment of nearly JfiOO.ono; that the company has expended on Jmprove ments on the land aome 4600,000; and that were the best land to sell for no more than $2.50, the total sum realized would not make good the money spent for taxes and Improvements: and -that the com pany holds some 25,000 acres that would not sell for $2.50 an acre. Elijah Smith camped with the Legis lature in the capitol about two weeks and was always busy. He was much delighted with his victory, and believed that the action of the Senate had put the attack on his company forever asleep. State Aid Held Necessary. The" bill would have opened an avenue for Coos County residents to sue In the name of the State, which it is doubtful If they can do without the- proposed law. In 1904 Judge Bellinger, of the L'nited States District Court, held that an appli cant for purchase Is not competent to ob ject to non-performance of the conditions of the grant this in a suit of L. K. Nich ols to compel the company to issue him a deed of conveyance. Nichols was backed by Coos Bay residents, who brought the suit for a test. When Congress passed the granting act. In 1869. the country lying between Roseburg and Coos Bay was not settled and contained no roads leading either to Roseburg, where there was communica tion with the outside world, or to Coos Bay, where there was ocean commerce. A road was needed, therefore, through this great intervening area. In order to open it up for settlement and to estab lish communication between two impor tant parts of the state. Reason for the Grant. No few settlers could afford to open a road either way, but a large number of them, by contributing a small sum of money each, could raise sufficient funds to do the work. The scheme was de vised by having Congress withdraw from entry half the lands on each side of the road, designated by odd numbers, in a strip three miles wide on each side, this land to be offered for sale in quantities of not more than 160 acres to one pur chaser, and at a price not exceeding $2.50 an acre the proceeds to be spent on building the road and thus opening the country. To put this plan into effect Congress passed the act of 1SS9. creating the State of Oregon a trustee to carry it out. It will be seen that there was no in tention of allowing all the lands thus set apart to pass into the hands of one per son or company. The act set up guards against creation of a land monopoly that has been created. The act of 1869 laid specific injunctions on the trustee, which became a part of the land laws of the United States. In 1870 the Legislature passed an act donating the land to the Coos Bay Wagon Road Company, under the conditions and limitations set forth in the act of Con gress of the preceding year. Congress did not intend the road com pany to acquire all or any of the lands of the grant, for the state, in execution of the trust, "shall sell the same to any one person only in quantities not greater than one quarter section." It is con tended in behalf of the state that the state could not grant the entire trust estate to the road company, for the lat ter could not be the party entitled to them. The parties entitled to them were individuals of a numerous claBs, or the public. Consequently It is contended that the road company was excluded as the sole beneficiary entitled to the lands. Was It Breach of Trust? It is also insisted that the limitations on the trusteeship attached inseparably to the land and could not be dissolved. However, a question arises as to whether there was not a breach of trust in the state's conveying to the company, a ten ure since validated by long lapse of time and by subsequent enactments of Con gress, authorizing Issuance of patents to the company through the state. Instead of selling the lands to indi viduals mt $2.50 an acre, in tracts not larger than 160 acres to one purchaser, tTe Coos Bay Wagon Road Company transferred the title to the lands to the Southern Oregon Company, which refuses Kmm WMilf - 0 to sell to individuals, thus barring great areas from settlement. This is in violation of the act of Con gress providing that "any one" might ac quire the land by paying $2.50 an acre, the money to be devoted to building the road. The idea that one company or per son could acquire all the lands is ex pressly negatived by the provision of the act of Congress limiting sales to 160 acres to any one person. Ouly by disposing of the lands to .many persons could the trustee discharge the trust and relieve the lands of the trust Imposed upon them. NORRIS & ROWE CIRCUS Forty Clowns Featnre of Show to Appear in Portland Next "Week. In addition to the many circus novelties ot all kinds that N-orris & Rowe 'have provided . for their patrons this season, is a, host of grotesque clowns to entertain the little ones. They Include some 40 fun makers who cut up such absurd monkey shines as to bring forth shrieks of laughter from the children. The foolish fellows burlesque everything they see and have as companions, clown-dogs, clown-monkeys, a tiny clown-bear, clown elephants, Shetland ponies and last but not least, two tiny clown-lion cubs. The latter can be worked this season but next year will find them too fierce to handle. With the deepest apparent gravity, the giant-thin clown arrests the immensely fat short clown, while the clown-dog policeman escorts the clown-bear to a miniature prison and Is gravely tried for his life by a clown-monkey. The clown Dutchman gets into an argument with the clown Irishman and before they know it, the entire band of 40 comical fellows are in the ring, along with their com panion clown animals. Norris & Rowe will exhibit at Twenty fifth and Raleigh streets. May 28, 29 and 30. DAILY CITY STATISTICS Births. THATCHER At 404 Manhattan street. May lV. to the wife of Joseph Guy Thatcher, a daughter. Deaths. BATTER-SON At St. Vincent's Hospital, May 41, William Batterson, a native of In diana, sited 75 years. , JOHNSON At 163 Park street. May S3, Mrs. Amanda Johnson, a native of Sweden, aged 47 year. 1 month and 20 days. TITTLE At 227 Seventeenth street North. Mav 21, Mrs. Mary Tuttle. a native of Ireland, aged 68 years. S months and 11 days. Building Permits. JACOB GEIST One and one-half -story dwelling. East Fourteenth street, between Beech and Failing; 1:100. M. A. TOMUNSON One-story dwelling. Epterson street, between Kerby and Borth wlck; $1500. H. C. THOMPSON Two-story frame dwelling, Clackamas street, between Kast Twenty-first and Bast Twenty-third; $6000. H. C. BUCKLEY Two-story frame dwell ing. Broadway street, between East Eighth and East Ninth; $2700. ANNA BURGESS One-story frame dwell ing. Wilbur street, between Milton and Holman; $50. ANNA BCRGEPS One-story frame dwell ing. Delaware street, between Milton and Holman; $40. ' H. GOLDSTEIN Two-story frame store. First and Sherman streets: $000. ELLA F. RAWSON Repair dwelling. Roselawn avenue, between East Tenth and East Seventeenth; $75. LORENA M. WEN DT Two-story frame dwelling, Pippin street, between Wabash and Washburn; $2500. C. P. MURPHY One-story frame dwell ing. Skldmore street, .between Mississippi and Alblna; $1300. J. H. BRAITHWAITE Ons and one-half-story frame dwelling, Delaware street, be tween Holman and Portland; $1400. F. N. KRAMER One-story frame dwell ing. East Seventeenth street, between Kllllngsworth and Samson; $1000. J. H. BRAITHWAITE One-story frame barn. Delaware street, between Holman and Portland: $200. MRS. ROSE HOLTZE One and one-half-story frame dwelling. East Seventeenth street, between Klllingsworth and Sherman; $1000. N. A. WALKER Two-story frame dwell ing. Montgomery street, between Fourteentn and Fifteenth; $4000. DEANS REALTY CO. Repair seven-story brick theater. Morrison street, , between Sixth and Seventh; $33,000. Marriage Licenses. RUSSELL-RICHARDSON G. A. Russell, 23. city; .Daisy A. Richardson. 19. city. ELSE A - BARTENSTE1N Georga O. Elaea, 22. city; Clara K. Bartensteln, 25, city. STEVENS-JENSEN M. J. Stevens, 26. cltv: Clara E. Jensen, 1f. city. CHRISTENSEN-RALBTON, Carl Dernier Christensen, 24, city;- Bonlla Florence Ralston, 23, Washington. Coarse, discolored, oily, red skin, rendered fair and inviting by Fatln skin powder. 25c. TRUE BILLS FOUND Federal Grand Jury to Indict the Furniture Trust. ADJOURNS TO NEXT MONDAY Abundant Evidence Found of Viola tlon of Sherman Anti-Trust Law and the Interstate Commerce Act. Indictments resulting from the investiga tion of the alleged furniture trust will be returned by the Federal grand Jury early next week. Just what will be the extent of the jury's findings and how many per sons will be Involved are facts Assistant United States Attorney James Cole will not discuss, and on which members of the Jury are Ftrietly non-committal. That indictments will be reported is ft prediction based on the thoroughness of the inves tigation, which has included testimony of witnesses from two states. This evidence from outside the state has been corrobo rative of that offered by local retailers and jobbers, and is considered abundant proof of a violation of the Sherman anti-trust law and the interstate commerce, act. The members of the jury were closeted all day yesterday reviewing the disclos ures of the two weeks'1 inquiry Into the practices of the so-called trust among the furniture dealers. This consideration will be resumed when the jury reconvenes at 10 o'clock Monday morning, to which hour it adjourned at the close of yesterday's session. When the grand jury has reported on the furniture trust Investigation. Assistant United States Attorney Cole will take up the odds and ends of the work he has .In charge and which was in progress when the inquiry into the furniture combine was begun, two weeks ago. He exect to be able to close up all of this work and sub mit his cases to the jury before Thurs day of next week, when the Jury will ad journ for Decoration day. When Mr. Cole has finished with the jury United States Attorney Bristol will take charge and pre sent some evidence he has been gather ing In cases requiring Federal Investiga tion. Among these will probably be in cluded the operation of a gang of counter feiters in Eastern Oregon. OWXS MERELY A PROSPECT Mineral Surveyor Testifies Concern ing Butte Boys' Property. At the preliminary hearing of George W. Bever yesterday in United States Commis sioner Sladen's court the principal wit ness examined was James H. Parks, of Goldfteld, who Is a deputy United States mineral surveyor. Parks testified that the property of the Butte Boys' Mining Com pany is not a mine, but a "prospect," and while not "in the heart of the Gold field district," Is nevertheless within four miles of mines that are producing. Asked by United States Attorney Bristol if he would buy stock In the Butte Boys' prospect at 15 cents a share. Parks said he would not, for the reason that he could do better elsewhere. According to Parks, it costs from $15 to $20 per foot to sink a shaft In Nevada, though it had been done for $9.50 a foot. Some of the richest mines in Goldfteld, Parks said, were situated eight miles from the Butte Boys' "pros pect." Several other witnesses were briefly ex amined, and court adjourned until next Tuesday morning at 10 o'clock, when the case will be resumed. Bever is charged with using the United States malls to de fraud in advertising the Butte Boys' stock. APPOINTS A JAIL MATRON bhcriff Stevens Selects Mrs. D. J. Cameron for Position. Mrs. D. J. Cameron was yesterday ap pointed by Sheriff Stevens to be matron at the County Jail, at a salary-not less than $60 nor more than $90 a month, to be fixed by the County Court. The bill creating this office originally read, "and the matron shall be the jailer's wife," ". 5r7"-j;rtJ- c,VJ.7,-f.4i M -'v.- " " , . -' f. - w V ' WILL GO FURTHER WHEN INVESTED IN A RO THAN ANYWHERE ELSEJIN THE PACIFIC NORTHWEST STREETCARS RUN THROUGH EVERY DAY IN THE WEEK TAKE CAR AT THIRD AND YAMHILL STREETS HARTMAN and passed the lower house last Winter In this form, but it was amended in the Senate, the words quoted being stricken out. Therefore Mr. George Mitchell, wife of the present county jailer, will not secure the position, as was expected. Mrs. Cameron's appointment was due to strong recommendations filed with Judge Frazer. of the Juvenile Courl. She will have charge of the girls detained by that court pending investigation of their cases. The appointment takes 'effect to day, but the sheriff has not decided when he will have Mrs. Cameron assume her duties. The new law creating a county Jailer also goes into effect today, but Sheriff Stevens has not selected a man for the reason that this will be one of the acts submitted- to the referendum at the gen eral election In June. The Jailer will not be appointed until the law is ratified by the peCple. Will Curtail Road Work. "The eight-hour law which goes into effect today' means that 20 per cent, of the road improvements that we have been making lately will be stopped, as a Vesult of the decrease In the hours of labor." said County Commissioner Barnes yesterday. Both . Commissioners Llghtner and Barnes are busy putting into shape the new schedule, "which will affect 75 men and 60 teams working on the county roads. A trip will be made today by the commissioners to all points where the men are working, and notice will be given the supervisors to reduce their day from ten to eight hours, to comply with the new law. Tobacco Thieves Sentenced. ' R. I. Fltzsimmons and Charles Miller, the boys who were arrested for stealing $25 worth of tobacco from Funk Brothers on May 6. and against whom Indictments were returned, were sentenced to six months each tn the County Jail yester day by State Circuit Judge CIcland. FOUR GRUNTED DIRGES JUDGE FRAZER HAS BUSY DAY IN CIRCUIT COURT. Eugene Girl Says Husband Attempt ed to Induce Her to Lead Life of Shame. Alleging tha,t her husband, John H. Ford, continually urged her to enter a life of shame for his benefit, Stella Ford, 17 years old and a bride of a year, asked for a divorce In Judge Frazer's department of the Circuit Court yester day. Her story was one of abuse and inhuman treatment from the time she married Ford at Eugene. Or.. February 15. 1906. She said he struck her on various occasions and from the first was unfaith ful and unnaturally brutal. Finally, she said, she could stand his abuse no longer and left him at Wendllng, where he was working in a flourmlll. She has been living with her sister at 270 Grant street ever since Dave Fisher, a streetcar conductor, testified that Ford was a drunkard and "good for nothing." The lawyer rep resenting the young wife said the girl's mother was dead and that the girl was deceived and misled by Ford. "This Is one of those peculiar (cases where the facts leading up to the nuit are kept from the court." said Judge Frazer, when Manley A. Haines took the stand, and testified, that his wife. Sarah. Haines left him and their two children eight years ago "without giving any reason." The couple were married May 8, 18S9 in Portland. A boy of 15 years lives with his father while an older daughter Is married. This daughter's husband, W. Stearns, testified that Mrs. Haines gave no reason for leaving her husband, and that he thought Haines was entitled to a divorce. Mrs. Haines Is said to be conducting a roommg-nouse on North Eleventh street. "Although the real reason is kept from the court, I am impressed with the truth and sincerity of this man, and the fact that his children testify In his behalf Justifies me In granting the divorce, were Judge Frazer's words in granting the decree. George W. Felghner testified that his wife. Gertie A. Felghner. left hira on December 35. 1902, and went to live with friends at La Grande; that he tried to get her to 'return to him. but she re fused, nother man figured In the case, he thought. The couple were married at Hershey. Michigan. September 23. 1902. Ci,ffw;i':1.'S'-U.X - -sJ-"';: 'i W??i '".'' s4- CO XT PA & THOMPSON and three weeks later trouble began. Felghner was granted a divorce on the grounds of desertion. Ovlta Josephine Hawes. of Portland, who Is now visiting in San Francisco, secured a divorce on depositions given In that, city by herself, her mother and another witness, as Mrs. Hawes was unable to return to this cir for the trial after the complaint was filed. Mrs. Hawes charged her husband with neglect and cruelty and testified in her deposition that he had contributed only Ji to her support since; their marriage on Novem ber 2ff, 1903. HEARD IN THE ROTUNDAS ALTHOUGH Nathaniel Clarke, clerk at the Hotel Portland, has made such a careful study of the traveling public that he can tell by looking at a guest approaching the counter just what request that person is going to make, he was caught napping one morning last week when . an excited Englishman rushed up to the desk and cried, "I want me boots." ""What's that?" asked Mr. Clarke. "I want me boots, me boots," repeated the guest, meanwhile gazing In wild eyed fashion at the clock. The clerk thought he had a madman to deal with, and sidled over where he could grasp a ruler, so that if the man became violent, he could defend him self. "What boots?" he asked, thor oughly alarmed. "I must have me boots, you know; give me my blooming boots." cried" the stranger, jumping up and down In his excitement and beating his fist on the top of the desk. He continued to call for his boots, while Mr. Clarke wondered how he could get the house detective to take the man in charge and send him to a madhouse. "Vou had better give me my boots," he kept on; "I've only ten minutes to catch my train and you are keeping my boots." and it dawned on Mr. Clarke that the man really had something coming to him. "I can't give you your boots; I haven't got them: where did you leave them?" he asked. The guest finally explained he had left them outside his door with directions to have them polished overnight, and they had not been returned. "Oh, well, I will look them up and have them sent to you." explained the j;!erk, much relieved, but the insistent guest demanded they be given him at once. He was finally pacified, and -when his shoes were found, they were sent after him. Mr. Clarke's friends are now asking hJm if the "boots' proved a good fit for him, and if they wore well.. . TW. RICHES, a well-known citi zen of Sllverton, was in Portland yesterday, staying ' at the' Perkins, where he talked of the. future great ness of the pretty little Marlon Coun ty city, with the silver name.' "The Sllverton Lumber Company's standard-gauge railroad has now reached Shepherd's Mill, five miles from town, and in time will be ex tended Into the Ahlqua Basin timber district. The company's mill at Sll verton will be a big thing for our sec tion, he said. "It will have a cutting capacity of 100.000 feet every 24 hours, and it Is likely that 800 men will be employed in various capacities, creat ing a payroll that will be of gTeat value to Sllverton and vicinity. "Another recent addition to Silver- ai!SB.-:fi! ii'!i,,7:ilLTlK mm f PI -ii cw'- ii Wm3 BANKERS CHAMBER OF COMMERCE APPRECIATE GOOD ADVICE 'VEGETABLE PRESCRIPTION" IS FILLED MANY TIMES. Announcement of Simple Remedy That Can Be Mixed at Home Re lieves Much Kidney Trouble. That the readers of this paper appre ciate advice when given in good faith is plainlv demonstrated by the fact that one well-known iocal pharmacy filled the "vegetable prescription" many timet within the past two weeks. Most of these folks naturally bought the Ingre dients only and mixed them at home. The announcement of this simple, harmless mixture has certainly accom plished much in reducing the great manv cases of kidney complaint and rheumatism here, relieving pain and miserv, . especially among the older population, who are always suffering more or less with bladder and urinary troubles, backache and particularly rheumatism. Another well-known druggist asks us to continue the announcement of the prescription. It is doing so much real good here, he continues, that dt would be a crime not to do so. It can not be repeated too often, and further states many cases of remarkable cures wrought. The following is the prescription, of vegetable Ingredients, making a harm less, inexpensive compound, which any person can prepare by shaking well In a bottle: Fluid extract dandelion, one half ounce; compound Kargon, one ounce; compound syrup sarsaparllla, three ounces. Any first-class drugstore will sell this small amount of each in gredient, and the dose for adults Is one teaspoonful. to be taken after each meal and again at bedtime. There Is enough here to last for one week, If taken according to directions. Good re stilts will be apparent from the first. ton is a large hop warehouse, which will hold 4000 bales.. Crops are look- . ing good and everything is prosperous in our section of Marion County," con cluded Mr. Riches. fs7T BOUT nine out of ten Perons'" , " said a clerk of one of the Port land hotels, "will read every name on the hotel register, and then inquire if the per. boii sought, is staying there. "The hotel clerk is employed, arnon other things, to tell the inquirer whether or not John Smith Is staying at his hotel, and is always ready to give the informa tion cheerfully. ' "Many people do not realize that while they are carefully reading two or three pages of names, a tired guest may be standing near, awaiting a chance to rcg isler.' 4lEAH Mr. and Mrs. De Smythe will I awive soon, Bertram, aw, don't y know." "Yaas, coming to Pohtland, so I heah." "Are they all coming, Chawley? I mean the entlah family, don't you know?" "Ta-as, all coming, Bertram. They left Noo Yowk the day before yesterday. The .pahty consists of Mr. and Mrs. D Smythe, Flowence don't you know, and foah dawgs, the parrot, a csnawy, the valet, the maid, and a man-sehvant, Boh Gawge!" "Wiahd the pwopah weservations, Chawley?" "Ya-as. weservations made foh the en- tiah family, so I hesh!" LOT IN