Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 24, 1909)
4 THE 3IORMXG OREGOyiAX, FtttDAY. SEPtEMBER 24, 1909. RESPECT OF L IS BASIS OF FIGHT Ballinger Wants to Do Things Legally, Pinchot Would Do Them Anyhow. FORESTER HAS TO OBEY Koo-.eveU Policies Are to He Carried On According to Law and Pin cliot Must Iiccognire This. Hanger Stations Caus Bellt. BT HARY J. BROWN. OREGOXIAX NEWS BUREAU Wash ington, Sept. 2b. Th first round of the Pinchot-BalliiiRer fight has passed into histor" and it will Ke a one-round fiftht unless Gifford Plix-hot decides to keep up the warfare. If Pinchot is willing to abide h- the decision rendered by Presi dent Taft In his recent letter to Secre tary Balliniret. p?ace will rei(tn. and the Rooserelt conservation policies will con tinue to be carried out along Taft-Bailln-irer Une the lines laid down by the law. If Pinchot J unwilling to abide by the dictates of the President, the Roosevelt policies will still be carried forward alonn Taft-Balllnfter lines, but Mr. Pinchot will be eliminated as a factor. That much was made plain by the President before he started on his Western trip. The whole trouble between Secretary Ballinger and Forester Pinchot grows out of the fact that the former nas a pro found respect for the law. as does Presi dent Taft, whereas Pinchot, fired by Roosevelt enthusiasm, has never been willing to admit that the law is a serious obstacle whenever It stood In the way of accomplishing some purpose which he believed to be for the good of all the people. Pinchot Objects to Law. When Ballinger insisted that Pinchot. in dealing with the Interior Department, should respect the letter and meaning of the law, Mr. Pinchot chafed under the restraint placed upon him, forgetting en tirely that it was only a few years ago that he. by reason of well-understood conditions, was in a position to dictate to Mr. Ballinger, then Commissioner of the Land Office. - Secretary Ballinger favors carrying out tbe Roosevelt conservation policies wherever and whenever those policies ma be -promoted in accordance with the lew. Forester Pinchot insists that the Roosevelt policies should be carried for ward in the Roosevelt way, regardless of the law. President Taft approves the Ballinger method. There had been considerable friction be tween Sir. Ballinger and Mr. Pinchot during the fnrmer"s term as Commis sioner of the General LJind Office: there fore no surprise waa occasioned when trouble brolie, out anew within 24 hours after Mr. Ballinger took the oath of of dee as Secretaiy of the Interior. .Con flict arose over the creation" of "ranger stations" within or near forest reserva tion. Over 4000 such stations had been created by Secretary Garfield at Mr. -Pinchot" request; Mr. Ballinger was asked to create 8fl0 more. The new Sec retary, after examining the statutes, con cluded that these stations could not legally be created by executive order, and Pinchot's request was denied. Tiien came trouble. What Ranger Stations Are. Ranger stations, it should be said by way of explanation, are comparatively small tracts of land set apart for the exclusive use of employes of the forest service, and on them civilians are for bidden to trespass. They are more than fo-est reserves: they are subject to even greater restrictions. On forest reserves mineral explotation and development is permltied: the cutting of mature timber is authorized: liomesieading Is possible if the lands be agricultural in character; prazing Is authorized If the land be suit able, and water powers and rights of way may be acquired under proper rgu ation. On ranger stations none of tnese tilings are permissible. The stations are absolutely shut off from the use of any one except employes of the forest service. When Mr. Pinchot first requested the Interior Department in 1907 to set apart certain lands for r.-ger stations, Mr. Ballinger. then Comni.jioner of the Gen eral land .Office, held that such segre gations were not authorized by law; therefore, they could not be made. He maintained It was not within the power of tlie. Interior Department to deny to citizens those privileges within forest reserves which were guaranteed them by the statute. This did not coincide with Mr. Plncnot'a Idea, and he appealed direct to Secretary Garfield, who in turn submitted the question to George W. Woodruff, at that time Assistant Attorney-General for th Interior Department, but previously chief law officer In Mr. Pinchot's office. Mr. Woodruff had learned to construe the law to meet with Pinchot's indorsement, and he did so in this instance, being sustained by Secre tary Garfield. Being thus overruled. Com missioner Ballinger was powerless, and was bound to abide by the decision of his superior. More Stations "Prohibited. A littie later Congress, by an amend ment to the agricultural appropriation bill, prohibited the enlargement of for est reserve areas in Oregon, -Washington, Idaho, Montana, Wyoming and Colorado. In construing that statute. Commissioner Dennett, who had succeeded Ballinger in the Lind Office, held it was unlawful to create ranger stations outside of forest reserves in those six states, inasmdeh as the stations were in effect additions to the -forest-reserve system, and therefore pro hibited. This ruling also was submitted to Woodruff, and Pinchot again was sus tained. The creation of ranger stations thrived throughout the administration of Secre tary Garfield. In all, 4U78 stations were created, embracing a total area of 600.263 acres. Most of them were within the lim its of forest reserves, but 101 stations were outside, and of this latter number 73 were located In the six states named. The 73 stations covered 10.216 acres. This was the situation when Mr. Ballinger became Secretary of the Interior. On March 6. 1S09, Mr.- Pinchot recom mended the creation of another lot of ranger stations, and from that day to the present has asked for 812 new sta tions, embracing in the neighborhood of 121.0U) acres. When the first recommen dation reached him. on his second day in office. Secretary Ballinger turned it down, convinced, as he had been when in the Land Office, that the law did not contemplate or authorize such segrega tions of land. This made Pinchot mad. ami he appealed to the President. At the White House he got no encourage ment whatever, being informed that Sec retary Ballinxer was entirely responsible for the conduct of the Interior Depart ment. So he called on Ballinger. The situation waa canvassed pro and con, but no compromise waa reached, because Mr. Ballinger Insisted upon following the lsw. There was no common ground on which tit two officials could compromise. Although satisfied -in his own mind that he was right in his refusal to act. Secre tary Ballinger. as has been his habit, submitted the facts to Attorney-General Wlckersham for an opinion. If his own Interpretation of the law was faulty, he was willing to abide by the Judgment of the chief law officer of the Government. He has done that a dozen times since March i. whenever Important problems of Interpretation of the law have arisen. Mr. Pinchot also took an appeal to the Attorney -General, submitting a brief in support of his contention. Up to the present time the AttomeyGeneral has rendered no opinion on this disputed question, but. in view of the prominence given the Pinchot-Ballinger row. an in terpretation of the statutes bearing on this point is expected very soon. Mr. Pinchot has called on Secretary Ballinger but once sine March 4 that was the occasion referred to. Since then he has shown his hostility by re fusing personally to submit points of difference to the head of the Interior Department. Since that first call, all correspondence between Mr. Pinchot and Secretary Ballinger has been by letter, through the Secretary of Agri culture, Mr. Wilson. Water Power Is Red Rag. Bitter as was Pinchot's resentment of Ballinger's course with regard to ranger stations. It was nothing as com pared to his fury over Ballinger's in terference with his (Pinchot's scheme of conserving water powers on the pr.b lic domain. In the good old Garfield days, when conservation agitation was at its height, toward the close of the Roosevelt Administration. Id enormous tracts of public land, along Western streams, were withdrawn from entry for the avowed purpose of preventing the gobbling lip of water power sites bv Mr. Pinchot's famous "Water Power Trust." Embraced In these various withdrawals was a total of 3.450.460 acres. These withdrawals were made hastily, recklessly and carelessly. They were made arbitrarily, without author ity of any law. and many of them were made under false pretenses. When Mr. Ballinger came into office he viewed the situation, saw the fallacy of thev course of his predecessor and set about to correct it. Now the same Identical streams that were covered, or supposedly covered by the Pinchot withdrawals, are more effectually pro tected by withdrawals that have segre gated only 619.B29 acres. In other words, the area of the original Pinchot withdrawals has been reduced by nearly 3.000.000 acres, and their effectiveness has been materially increased. More water powers are protected by the Ballinger withdrawals than were cov ered by the original withdrawals, made at the suggestion of Mr. Pinchot, and at the same time the vast bulk of the land which Pinchot had removed from the reach of the settler is now open under the public land laws. Xo Authority found. All the Pinchot water power withdraw als were made through the Reclamation Service. About half of them were with drawn as "power sites" or for the "con servation of water resources"; the re mainder were withdrawn ostensibly for reclamation projects. Mr. Ballinger, in March last, called upon the Reclamation Service for Its legal authority for making withdrawals of public lands for "power sites" and for "conservation of water re sources." The service could cite no such authority, and withdrawals so made were restored to entry during the last days of March and the early part of April. The Reclamation Service was then asked for a statement showing how much of the land withdrawn for reclama tion purposes, in the light of Investiga tion, could not be utilized in the near future. Complaint had been made that much of this land, lying idle, would be reclaimed by private enterprise if it was thrown open to entry. A reply to this in quiry was shortly forthcoming, and as a result nearly 2,000.000 acres, which the Reclamation Service could not irrigate, but which had been withdrawn from the reach of others,' was restored to the pub lic domain. This latter restoration In cluded a number of Mr. Pinchot's power sites. He saw what had been, done, and entered protest. This is the first of a series of three ar ticles dealing with the Ballinger-Pinchot controversy. The next will be published In an early issue. COUfff. HELD AT DEPOT L1XX COCXTY BKXCH RENDERS DECISION OX BIX. Hurriedly Turns Down Petition for Xew School District While Wait ing to Catch Train. ALBANY. Or.. Sept. 23. (Special.) Standing In the open air at the end of the Lebanon train, which stood on a side track at the I'nion Depot, the members of the Linn County Court held a ses sion of court at noon today. People who saw four men standing talking by the steps of the rear car did not realize that they were witnessing a formal and legal session of court. Incidentally this unique session killed the hopes of some residents of the country Just south of Lebanon for a new school district. It was necessary for the County Court to meet today as a County Boundary Board to decide upon the petition for the new school district, which has been pending for some time. County Commis sioner Russoll wished to leave for Leba non at 12:30 and County Commissioner ButJer, who is superintending the work at the Jefferson bridge, could not reach the city until noon. So in order for all members of the court to be present it was necessary to meet at the depot. County Judge Duncan. Commissioner Russell and County School Superintend ent Jackson, who is clerk of the board, were waiting at the depot whn Com missioner Butler arrived on the south bound noon train and court at once convened. The petition for the new school board has been thoroughly discussed at 'for mer sessions and a decision was quickly reached. The board decided the change would weaken the districts from which a new one would be taken to such an ex tent as to make it Impracticable. It was proposed to create a new district cut of portions of the Rock Hill. Crow foot, Lebanon and Denny districts and all of .these districts protested against the change. CHINAMAN INVENTS AIRSHIP Oakland Oriental Flits Over Hills In Big Biplane. SAN FRANCISCO, Sept. 23. With a Chinese at the wheel, the first success ful flight on the Pacific Coast of a heavier-than-alr motor driven aero plane was made near this city "last night. The inventor of the new air craft Is Fung Joey Guey, a youngr Chinese of Oakland, who already has secured a local reputation as a mechan ical genuis. With only his three Chinese helpers as spectators, Fung made his flight In the dim light of the early evening among the hills of Piedmont. The big bi-plane sailed around a hill for half a mil at a distance of IS feet from the groifhd. Just as the aviator was bringing- his machine to a stop a break in the propeller caused it to fall to the ground. Fungr was thrown out but escaped without injury. The Chi nese and. his helpers are now planning a larger model of the bt-plane. If anything Is wrenl with your skin, try Fanllteptic l.otlon the result will surprise you. Any drustor can suwlv V- , RENO GETS JOLTED Divorce Obtained There by De fault Set Aside. MAN BECOMES BIGAMIST Roy Howard Is Given Decree and Marries Chorus Girl, but First Wire Intimates Fraud and Im portant Ruling Is Made. : RENO, Nev., Sept, 23. (Special.) Florence S. Howard, daughter of a wealthy vineyard-owner of California, appeared with her attorneys today to begin a legal battle against the final issuance of a decree of divorce to her husband, Roy Howard, who secured a judgment by default In his suit last Kebrua ry. The defendant Is an attractive young woman. In the document filed this morning Mrs. Howard declares her husband knew where she was at the time of the filing of his complaint, and that he and she were in communication con stantly. She says she was In Detroit at an address known, to him at the time he secured the Judgment by default. She declares he pretended not to know her address and came to Nevada from California in order that she might be prevented from gaining any knowledge of his action. Judge Pike today set aside the Judg ment and ordered the case reopened. Howard is president of the Howard Iron Works of San Diego. Soon after he secured the decree through alleged false testimony, it is said he married Maude Armstrong, a 15 - year - old chorus girl playing at San Diego. The action of the court today makes him a bigamist, and" sensational de velopmtnts are expected. This decision, which establishes a new feature In Nevada divorce pro ceedings, says "unless the defendant in a divorce action receives personal summons, or by letter, and through false showings a decree is received by default, defendant at any time within six months may have the decree set aside." NORMAN L.ANG. DEFENDANT Paper Mill Manager Accused of Pol luting Water Source. LEBANON, Or., Sept. 3. (Special.) Accused of turning waste water from the paper mills into a channel of the Soutn Santlam, a warrant was issued out ot the Justice Court in this city this after noon for the arrest of Norman R Lang, manager of the Lebanon Paper Company, whose home is at Oregon City. The complaint is made by L. L. Evans, well- Wnnn-n fnrmor livin two miles below the plant of the paper mills company at this city. tl na.A ha, it nrlirfrt In the nflDei mills turning a waste ditch Into an old channel of the South santlam wnicn ...... a thrnnirh the farm of Mr. Evans and other ranchers below the paper mill. 'She waste from the chemicals used in pater making is run into the channel, andthe ra.maN niaim that the wnipr 1m rendered unfit for domestic purposes and even their wells witnin several nuuui joiuo or the channel are polluted, they say. t v. n nAn. mm vtortnle claim the cheml- cals used are not Injurious, sulphur be ing tne preuommamiR uuc. iuuubi may give out unpleasant odors. Th matter will b fought out in the courts and means a long-drawn out liti gation. The mills have been using the . . . 1 waata rittrh fnr Aome IS Old L lidllUCl 1 " A a. .. . - - - years, and Mr. Evans is representing an organized effort of a number of farmers to prevent Its use for that purpose. JUAREZ B0MB HARMLESS Xo Plot to. Kill Presidents in Mex ico Tramp Arrested. EL PASO, Tex., Sept. 23. It developed today that there was no plot connected with the finding of a supposed bomb in Juarez, Mex.. last night. The "bomb" proved to be a small pep per box, three Inches long, an inch and a half In diameter, and containing a sub stance like parrafflne poured over the top. Even had it been exploded it would have done no harm. The police have arrested an American tramp who had been sleeping on the premises or Senor Arguelles and Ween ordered away. The tramp had maoe threats that Arguelles would be sorry. American Consul Edwards examined the "bomb" today and found it harmless. - DELEGATES ARE NAMED Fifteen Oregonians Appointed to Dry Farming Congress. SALEM, Or., Sept. 23.-(Special.-The Governor today appointed the following delegates to the National Dry Farming Congress, which meets at Billings, Mon tana, October 26-28: ' , I S Geer, Burns; A. V. Swift. Baker City William T. Campbell. Lexington; C. A. Danneman, Clem; L. L. Mann. Pen dleton; Albion Kahler, Fossil; J. N. Bur gess Pilot Rock; Jack Edwards. Hay Creek; J. M. Patterson, The Dalles; T. M. Baldwin. Prineville; C. T. Oliver. Klam-. ath Falls; C. E. Bradley, Corvallls. J. P. Stump. Monmouth, and V. A. McAllister, La Grande. Cases Set In Supreme Court. SALEM. Or.. Sept. 23. (Spec4al.)-Clerk J. C. Moreland. of the Supreme Court, has set the following cases for hearing: October 5 State vs. La Rose, 10 A. M; State vs. C. Sam Smith, motion to dis miss; State vs. Atwood, rehearing, 10 A. M. - : October 6 O'Sulllvan-vs. Blakely, 10 A. M. ; State vs. McDonald, i P. M. October 7 Barnes vs. Long, 10 A. M.; Nevada Ditch Company vs. Canyon & Sand Hollow Ditch Company. Hlllsboro Fair Opens. ' HILLSBORO, Or., Sept. 23. (Special.) The Hlllsboro Street Fair and Carnival opened yesterday with beautiful weather and a good attendance. The livestock show was about the same as Inst year, although cash prises were offered as an inducement. The fruit and vegetable exhibits are the best ever seen in Wash ington County. The apples shown were exceedingly fine. Two Salem Residents Die. ' SALEM, Or.. Sept. 23. (Special.) Jame B. Day. an Oregon pioneer, formerly a resident 6f Portland, died today, aged 77. He leaves a widow and six children. W. F. Binder, 37 years old, formerly of Astoria, is dead of paresis. . i . . - . 1 1 Your .mi - IK- Itl H 'I '. I ' FT 1 U- - Csprrigtt tooe Hrt Scsiiftier MAIL EMPLOYES FEAST TELL BUSINESS MEX OF NEEDS OF FEDERAL SERVICE. Importance tu Public of Efficient AVbrk Is Emphasized by Vice President of Organization. Several promineht Portland business men were guests last night at the sec ond annual banquet given by the clerks of the Thirteeath Division of the United States Railway JIall Service at the Perkins Grill. As was the case of the initial dinner a year ago. the purpose of the banquet was to effect' a meeting between the representatives of the business interests of the city and the mail clerks, that the former might have a better understanding of the railway mail service ana become directly Inter ested in all movements looking to the improvement of that service. Principal among the speakers was P. J. Schardt, of Milwaukee, Wis., vice president of the National railway mail service. Mr. Schardt, In commenting on th3 organization of which he was an official representative, said it in-cluded-a membership of 250,000, and that the service rendered represented an expenditure of J200.000.000 annually by the Government. He referred to the fact that the service affected the daily life of every citizen of the land, and that In proportion as the usefulness and efficiency of the postal service Is Increased, to that extent is the public service bettered. Mr. Schardt further said that while the branch of the postal service he rep resented did not come In close touch with the general public, the importance Ma j Hi , 1 STORE CLOSED SATURDAY a tt nnPPc. ppompTT.Y FILLED 1UA1U vrxhJ- jvm w WEAR SILVERFIELD FURS. MERIT MADE THEM FAMOUS. $15.00 to and Shawls 110.50 We offer for Friday only an extraordi nary special on fur stoles and shawls of the season's latest creations, made in all furs and beautifully lined in bro caded and Skinner's satins. Values to $15.00 and $'20.00, ydur choice. $10.50 Muffs to Match at Special Reduced Prices Remodeling and repairing done at a a great saving. All work guaranteed. Hart Schaffner &z 1 n za n 1 1 . 1 Ic Mra of its work in the business and social life of the country was not to be dis counted. This department of the rail way mail service comes under the direct supervision of the Second Assist ant to the Postmaster-General. W. C. Hawley. of Salem. Representa tive from the First Congressional Dis trict, was the first speaker. Repre sentative Hawley referred briefly to the work of the railway mail employes, who, he said, were not paid in propor tion to the service rendered. He re marked that there existed a general demand that the salary of all such em ployes be advanced, and he promised the' members of the organization that he would do all in his power to secure the Increased remuneration to which they were entitled. Any policy pro posing retrenchment and reform In the postat service, he insisted, should be confined to other departments of the service and not be applied to the earn ings of Mie particular branch of the service whose guest he was. Among others to address the gather ing were: C. H. Chapman, W. V. Wood ward, of Woodard. Clarke & Co.; A. H. Devers, of Closset & Devers; C. T. Whitney, vice-president of the Port land Chamber of Commerce, and C. N. McArthur, private secretary to Gov ernor Benson. Drops From Kanks of Pioneers. ROSEBURG. Or.. Sept. 33. (Special.) Mrf. Svntha A. Boone, an Oregon pio neer of 1S53, died at her home near this city Tuesday, September 21, aged S4 years. Mrs. Boone was a native of Indiana, from which state, with her first husband, Paris by name, she crossed the plains to Oregon In 1863. settling near Al bany, where she remained until the fol lowing year, when she moved to this countv, settling on South Deer Creek. The death of her first husband was fol lowed by her marriage to Mr. Boone, who died In 1990. Mrs. Boone Is survived tov four daughters and one son lour qaugiitgrg aim , - - - NEW TAILORED WAISTS FOR FRIDAY ONLY 98c REGULAR $1.50 AND $1.75 VALUES. A grand offering of beautiful tailored Waists for Fall; all sizes; an exceptional value. FRIDAY ONLY 08 SUMMER KNIT UNDER-" WEAR FOURTH OFF All Summer Knit Underwear in separate garments and Union Suits, fine lisle Key ser silk ribbed and plain cottons at lA off the regular price. NEW MILLINERY for FALL $10 HATS $6.85 An exceptional offering of new Fall Hats, in all the new shapes, from Eastern designers and our own large shop. A large variety to select from; all the popular colors and materials, for Friday only, values up to $10.00 each $6.85 $20.00 StOleS Suit Fa. and veirco 1 Are Now They're all-wool, made in the best, correct style, . perfectly tailored the highest class clothes made. No higher in price than the indifferent kind. I20 to S40 FREE 200 Nickel Plated Savings Banks, while they last, with Boy's Suit or Overcoat, SanVl Rosenblatt & Co. Corner Third and Morrison Sts. JOHNSON LAID lfl TOMB SORROWriL STATE MOURNS AS EXECUTIVE IS BURIED. Solemn Services lfeld and Body Is Escorted to Governor's Old Home With Pomp. - ST. PAUL, Sept. 23 In keeping with the dignity of the office he filled a9 Gov ernor of Minnesota, and to the accom paniment of tolling bells, the body of John A Johnson was escorted from the rotunda of the State Capitol today, with military pomp, to the train which was to carry it to St. Peter, Minn., and Its last resting place. The pallbearers. F. A. Day, F. B. Lynch, T. D. O'Brien. E. T. Young, A. C. Weiss and J. "C. Wise, carried the cas ket to the hearse through a double line of honorary pallbearers composed of for mer Governors I F. Hubbard. John Llnd, S. R. Vansant, Knute Nelson and Governor Eberhart, Chief Justice Start, Governor John Burke, of North Dakota, and President Cyrus Northrup. A volunteer band of 100 pieces sounded the funeral march, to the solemn time of which 10 companies of state militia and three batteries of artillery swung slowly into line ahead of the hearse. Then came the pallbearers, the members of the dead Governor's staff, university regents in carriages, state officers, pres ent and former members of the state legislature, state employes, delegations from other Minnesota cities, representa tive bodies of the Masons," Elks. Knights of Pythias and other civic organizations, and, lastly, a large following of citizens. The procespion proceeded tnrougn tne OPEN FROM 6 TO 9:30 P. M. AGENTS FAY HOSIERY FOR CHILDREN Cor. Fourth and Morrison. EXTRA SPECIAL FOR FRIDAY ONLY LADIES' AND MISSES' SIZES NEW FJT1 I 1 C JL . . altered buds VALUES TO $40 A- quick decision by our New York buyer and paying spot cash for a large lot is the explana tion of this extraordinary offer for Friday. They are all this season's styles and you will find all the newest materials in the lot, all-wool homespuns, diagonals, broadcloths, worsteds; cheviots, serges, etc., and a large range of col ors; the coats are extra long, some as long as 50 inches, semi and tight-fitting, in fact, every on a perfect model. Your choice of these suits, Friday only $19.65 Marx Ready heart of the retail district to the Union Station, where a special train was stand ing. The casket was placed in the bag gave car. While the procession waa passing through the streets business was practi cally suspended. The sidewalks were jammed with a silent throng. Sherman 0ay;&'Co., Sixth and Morrison, Opp. Postofflce. Rent a Piano Tou will want a Piano in your home this Fall and Winter. It will give you, much pleasure. Perhaps you feel that you are not ready to purchase the Piano you desire to own. Most musicians look forward to the time when they will own a Steinway. Rent a Piano from us and all money paid as rent, up to six months, will be applied toward the purchase price of a Steinway or other first-class Piano. We have the largest stock of Pianos In the city and the finest line of the old standard, reliable makea: Steinway Everett A. B. Chase Ludwlg Packard Conover Kurtzmann Klngsbury Emerson Estey Wellington. '4 NEW FALL STYLE BOOK MAILED FREE UPON REQUEST 1 FOR FALL $19.65 YALUES TO $40 A. 4