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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 2, 1909)
THREE PRETTY PARTICIPANTS IN COMING FRENCH FETE SPECIAL VENIRES BAR PLAINT Make This Xmas. Musical One E J. H. Raley Pays $10,000, and Others From $500 to $5000 on Admission of Guilt. Jury Drawn in Open Court Sat isfactory, Say Attorneys Seeking Reform. TECHNICALLY ONLY, PLEA STREET TALESMEN FOUGHT; FINES ASSESSED FOR LAND FRAUDS BAS ? - '- -"I H ? 4 JX 8 k - wi A v VV J&y? J. II Whole Sum Paid to Government Is $45,500 R. E. Porter Asks Jail Sentence, but Hopes to Raise Money Later. DKIXXDANTS PAY $45,600. Pleaded guilty Fines. J. H. Raley lO,O0O J. Crow 5.0OO C W. Matthews 3,500 William Caldwell S.SOO John Winn 8.5O0 William SluslMsr 6,000 William Hahe SOO Alonio TCnotta S.oOO Ballov Koss 1,11(10 Bamuel olmstead .VK A. P. Fowman B.M) George H. McDonald 2,500 Joe Parks BOO George H. Adams 2.500 Total fines assessed t3,S00 Total money paid to the Unit ed States by entrymen . 2J.000 Total money Moss In the Umatilla conspiracy $T1,500 : T it When 15 leading citizens of Pendleton land Umatilla County yesterday pleaded guilty In the United States Court to the oharee of entering Into a conspiracy in 3902 to obtain illegally a large acreage ', from the Federal tJovernment, United State District Attorney McCourt prompt ly recommended that the pleas be accept I ed, and that Judge Wolverton make theif jmr.ishmont substantial fines, omitting the 'imprisonment penalty. The District At 'torney was Joined in that request by the 'Attorney-General of the United States. Among the defendants were some of the largest landowners and richest stock men of Kastern Oregon, Colonel J. H. Raley, a lawyer for many years, heading - nhe line. Colonel Raley, In tendering his plea of guilty, said that all of the defendants had acted in good faith and had not vol untarily violated the Federal law. (stiilt Is Technical. 'Technically. I am guilty, and have been no declared by the court after a careful scrutiny of the law and the decisions by Your Honor," Fold Mr. Raley. "But I want to say for myself, and for all the defendants here, who will probably sub mit themselves to the mercy of the court with a similar plea, that we believed we were within the pale of the law in all of our proceedings, as I Interpreted its mean ing. My connection with the case has been as an open book, and when the first Oovernmcnt inspector came to Pendleton to look up the entries which had been made I gave him all the Information I had. "Every entryman whose filing In the Umatilla reservation has been attacked and who appeared before me held up his right hand and swore that the filing was to be made for his own benefit. These men are reputable citizens, who have lived for years in that community, and in doing what they did in this case they followed my advice. I have practiced law 14 years before Your Honor and the courts of this state, and this is the first time my Integrity ever has been ques tioned." Ijenlency Is Vrged. United States Attorney McCourt then submitted a recommendation for leniency, saying that he came to his present posi tion from Pendleton, and that he knew the defendants to be citizens of worth in Umatilla County, of business integrity and roblty. He said that the defendants had -ome in voluntarily with their pleas of guilty, and that he had consulted with the Attorney-General as to their accept ance, and he recommended that they be 4ined. but not Imprisoned. "It Is always an unpleasant duty to im-pof- a penalty on reputable men, but one which cannot be shirked," paid Judge "Wolverton, In passing sentence. "The echeme to defraud the Government in this fasft was a conspiracy to evade the pro visions of the statutes as to the entry of jHnd. The plans of the men engaged in the- conspiracy did not contemplate that ttie Government should lose any land. They intended to pay the full price for it, and I regret that so many honorable and reputable citizens of Oregon should be brought before the bar of this court upon a charge of this kind. "I exceedingly regret that Colonel Raley should he among the defendants, as I am compelled to suppose that he gave the advice upon which the other defendants acted. Colonel Raley has gained a high position at the bar of this state and has earned the confidence of the people. I regret that he made this mistake for his own sake and because of his action bring ing odium upon the legal profession." Porter's Sentence Deferred.-' The. court then fixed the fines and ordered that all of the defendants! stand committed until the fines were paid, with the exception of Robert E. Porter, whose sentence will not be fixed until the be ginning of the term of court in 1910. Porter Is without means and has a large family, the wife and mother being consumptive. Hie asked for a Jail sentence, but hopes to evade It by raising some money be fore the day he will have to appear. John Vert, one of the indicted men, , fulled to come in with the other defend- ants, and will be required to appear for trial December 16. ' All other indictments pending In the 'Umatilla conspiracy" cases were dis missed on motion of the prosecuting at torney. Immediately following the action of the court in fixing the penalties, the convicted men, with two exceptions, called upon United States Marshal Reed and Clerla Cannon and discharged the fines by checks upon the American National Bank of Penflleton, which institution had guar anteed the paper. George H. McDonald and William Rahe said they were unable to pay the tines and were held in custody by the Marshal. It was thought that others of the defendants would come to their rescue and raise the money neces sary to free them. Old Neighbors Prosecuted. It was only by an accident that the 'Umatilla conspiracy" case reached the United States grand Jury In 1908. only a few days before the statute of limita tions expired, and it fell to 'the lot of John McCourt. of Pendleton,tto indict and prosecute his old neighbors. In October, 1906. Special Agent E. W, Dixon, then in charge of Oregon investi gations, went to Pendleton and for seven months was occupied in taking testimony. He found that 105 entries had been made, comprising about 20,000- acres in the In dian reservation, by clerks and laborers, some of them women, and in one case an employe of the Postoffice was used. The lands selected were the roughest of the hills and not In any sense agricultural and were situated along McKay Creek yw Jtujzi. and in the vicinity of Pendleton and Pilot Rock. In every case it was asserted that the lands covered the range used for many years by some one of the de fendants and surrounded his patented holdings. During the investigation It was learned that the so-called conspirators, all of whom were large Bheep and cattle owners, had employed the entrymen at compensations of from $50 to $100 each to patent the land for their own use. Action Had Been Delayed. The special agent brought the case to the attention of the District Attorney in 1907. but it was not presented to the grand Jury. When McCourt took to office, in 1908, it was one of the first cases called to his attention and In May of that year the Indictments were returned. Just one day before the expiration of the statute of limitations. A demurrer to the indict ment was argued In September, 1908, and decided in September, 1909. and the caea was concluded yesterday. No indictments ever were found against the "dummy entrymen." The government still has title to all the lands which were sought to be segregated, not an acre having been patented. In addition to the $26,000 furnished to the "dummies" with which to pay for the land3 stands forfeited under the law, the Government is ahead $45,500 in fines. I-ate last night Judge Wolverton stayed the sentence In the cases of Will iam Rahe and George 'H. McDonald, al lowing them $0 days in which to raise the money. In case of their failure to discharge the obligation, it i prefbable that the officers of the Government here will Join in a petition to President Taft recommending the abatement off the pen alty. S. P. FIGHTS FOR FOURTH Cuse Opposing: Engines on Street Is Before United States Court. Vacation of Fourth street by steam en gines was a topic In the United States Court before Judge Bean yesterday. The Southern Pacifio Company asserts the franchise given It to traverse that thoroughfare by the Town Council in 1868 still holda good. Portland, will con tend that the present City Council has the power to revoke the old grant. When the grant was given the Southern Pacific Portland was a village and Fourth street paralleled the western edge of the town. Thus far the railway attorneys have only submitted documentary evidence as to the validity f the grant. Iater In the progress of the tiearing the City of Port land will assert that the occupation of Fourth street for steam transportation did not become vested in the' Southern. Pacific as a right and that the City Coun cil has the authority to regulate such traffic. J The controversy was caused, by the en actment of an ordinance in 1907 prohibit ing the use of steam engines on the Fourth-street line, the statute becoming inoperative because of an injunction ob tained by the railway company. - The case is now being helard on its merits. The Southern Pacific is building a cut off between Beaverton and Wlllsburg, crossing the Willamette by means of a bridge below Oswego. This is said to be intended to divert all traffic north of Beaverton to the east side of the river. LOCAL ARCHITECT WEDS Arthur G. Herald Marries Dr. Ella K. Dearborn at Matter's Hbnie. Dr. Ella K. Dearborn, a well-known Portland physician, was married last evening to Arthur G. Herald, a local arch itect, at her residence, 800 Union avenue. The ceremony was performed by Rev. William T. Kerr. H. O. Herald, a brother of the groom, acted as best 'man. and Mrs. Nellie I. Monlcal as bridesmaid. The couple will make their home at the Union-avenue ad dress. . PILfeS CURED IM to H DAYS. FAZO OINTMENT-la guaranteed to cure any ease of Itching, Blind. Bleeding or Protruding Piles in 4 to 14 days or money refunded. 50c. -iy? uf Ts?i - iSffinvs: a?w? FETE DANCE UNIQUE Final Rehearsals Will Be Held This Afternoon. ROSE MAYPOLE FEATURE Ancient France to Be Translated to Portland in Beautiful Setting of Entertainment Friday , and Saturday. Final rehearsals for most of the par ticipants In the French Fete will be held this afternoon, many wanting Just this last meeting . to add ease and finish to their dance. The Parmeda, or rose Maypole, was given an extra rehearsal yesterday and wound the pole, for the -first time," in trial for Friday night. This was their last meeting before ,they open the fete, in their pretty dance", which is a survival of an ancient nature festival. In an elaborate celebration in the gar den of Versailles, which Queen Marie Antoinette had prepared for a party of gruests. this "Parmeda" was danced by 24 of the most beautiful of the young French girls of the court. In the fete the pole will, be wound with roses, over 1000 being used. Miss Ia Vena McGrew will lead the dance, but the rose queen will be chosen after the Saturday matinee and crowned at the Saturday evening performance. The little flower girls to the queen will also revive an ancient nature story, one which has survived In the French "Bat tle of the Flowers." ' The beautiful French ballet, however, will be taken from the opera. In which La Camargo, who was the favorite and) Idol of the court and of all gay Paris in the early years of Queen Marie An toinette's reign, this celebrated dancer fairly recreating the ballet as a thing of beauty and grace. It was said of La Camargo that royalty itself bowed at her shrine, and that she refused a coro net many) times. All of the painters of her day begged her to let them paint her portrait, and one of them. Lancret, caught her in "one of her famous butterfly poses and Immor talized himself, as well as her. In his 'La Camargo." In this portrait Miss Evelyn Wilson will pose in the tableaux vlvants which forms part of the fete. NATIONS TO BE SHOWN Institute Booth at House Beautiful Show Has Novel Plan. The House Beautiful Exhibition and Charity Fair, which opens Monday night in the Armory, under the auspices of the People's Institute, will have for one ef its best features a booth conducted by the women composing the board of di rectors of the Institute Club, represent ing a different nation every day of the week. 'Monday the character of the booth and its people, as well as the things offered for sale and the refreshments, will be typically German. Tuesday the booth will be Japanese, with pretty Geisha girls in attendance. Wednesday, Italy will toe the nation represented, and other nations, for Thursday, Friday and Satur day. The closing day of the fair, Saturday, December 11. will be devoted largely to school children, and all are invited to at tend. Many samples will be given away. Tuesday will be the baby parade and show, with several prises, the first two -1 Y ;p;j ri -. 'y J i: "V;: rill''' 'ifwrnKvvrt!"? S2 &&3!t XSSZjV AZ&r?? ' being cash. ' Wednesday evening . the Queen, to be "elected by popular ballot, will, be enthroned and crowned. DR. MATSON IS REBUKED CITY BACTERIOLOGIST FOR TAKING FEES. CHID Mayor Learns Official Is on Payroll and Charges for Tubercular Cases. City Bacteriologist Matson came In for a mllJr grilling at the. hands of Mayor Simon and members of the Board of Health yesterday morning, when It was reported that he had been charging for the examination of tubercular sputum. In addition to his salary from the munici pality., Health Officer Wheeler was In structed by the board to have this prac tice discontinued at once and to notify him 'that such examinations are a part of ills public duty. Mayor Simon did not even know that Dr. Matson is on the city's payroll. He was great surprised to hear that, in ad dition to his regular salary, he had been charging for public work. Dr. Alan Welch Smith moved that Dr. Wheeler be instructed to notify Dr. Matson to cease taking fees from public patients. It was carried without further delay, and all of the members expressed themselves as of the opinion that the duties of the City Bacteriologist includes that of examining tubercular sputum, the same as of caring for the cultures in diphtheria cases. ' The board did not elect any inspectors to lake charge of the pure milk work, as there is no ordinance as yet appro priating funds for their pay. A few ap plications have been received, but it is apparent that the fact that these posi tions are good for but four months in the year will prove a drawback in securing good men for the places. Very few ex perts. It is pointed out, care to work for an indefinite period and then be released from further duties. NURSES, KEEP MISS WELCH Good Samaritan Class to Be Under , Her Until Graduation. Following the unanimous request by til senior class of nurses at the Good Samaritan Hospital Training School for Nurses ,tha.t Miss G. Mary Welch, the present superintendent of nurses, con tinue in charge of the senior class until graduation, In, place of Miss R. M. Jolly, who succeeds Miss - Welch as superin tendent of nurses December 22. Miss Welch will bold the senior class exam inations at the end of the present year, instead of June, 1910. Miss Welch's methods have made her popular with the nurses, and fears have been expressed that, with her promo tion to the assistant superlntendency of the hospital. Miss Jolly may Introduce different methods into the training school which they are not prepared for, and which might cause them to fail in their examinations. , . -As the senior class Just marks time in the Spring, it has been decided that all who are able may graduate In December, while they will, of course, be compelled tfi fulfill their period .of training in the hos pital itself. Miss Jolly will take charge of the Junior and Intermediate year nurses De cember 22. and w(li be entirely free to introduce her own training methods. CHRISTMAS LINENS. . Let this be your Christmas store. Just now we are offering some great specials in table and fancy linens. We import di rectyou get the benefit. McAllen & Mc Donnell, Third and Morrison. Buy one piece of Piper Heidsieck to bacco and you will understand why It is preferred by chewers who know. uanger inciaent to trie ordeal makes its anticipation one of misery. Mother's Friend is the only remedy which relieves women of the great pain and danger of maternity; this hour which is dreaded as woman's severest trial is not only made painless, but all the danger is avoided by its use. Those who use this remedy are no longer despond ent or gioomy; nervousness, nausea and other distressing conditions are overcome, the system is made ready for the coming event, and the serious accidents so common to the critical hour are obviated by the gold, says many who have usprl it V-00 per bottle at lldVC USCU 11. drug stores. Book containing valuable information of in terest to all women, will be sent free. BEAD FIELD REGULATOR CO. Atlanta. Ga. Judge ODay Tired of Seeing Same Faces in Box Every Term De tectives Scan All Called, Say Barristers. Interviews yesterday with Attorneys Alex Bernstein and Thomas O'Day, mem bers of the committee appointed by- the Multnomah County Bar Association charged with the duty of purging juries from the taint of "professionalism." in dicate that the complaint from members of the bar runs more to the system of summoning special venires, than it does to criticism of those county officers whe are charged with the drawing of the original list at the beginning of- each term. " "At the January term of each year It is the duty of the County ?ourt to draw a Jury list of at least 1000 names from the roll of taxpayers," said Attorney Bernstein, "and as that is done In open court there can be no possible exception taken to the committee of lawyers being present. Officials Not Blamed. "We do not question the integrity of the officers who make the Jury list from the taxroll. but after that is done the evil comes out. Let me make the procedure Plain. The first list of 1000 or 1500 as it may be In Multnomah County, is certified to the County Clerk, who prepares a sliD for each name and then places them in the Jury-box. From that assortment a list of 110 Is drawn under the direction of the presiding Judge of the court. "There are four courts running which require Juries, therefore there are 48 of the HO In service all the time. The others are excused, Suppose a Jury is not obtained from the number of members of the regular panel available, and the court orders a special venire Issued: The prac tice is then to go out among the body of citizens and summon such as are. the most speedily available. Those are usually found near the Courthouse and are the professionals against whom we complain. Detectives Scan Jurors. "I have no hesitation in Baying that the interests are better organized here at this time than for 26 years. The streetcar company has divided the city into districts, and after an accident they have so arranged that their doctor shall be . the first man there. Then come the claim agents and the other railway representatives.' The insurance companies have their private detec tives, who Investigate every Juror whose name is on the list and ascer tain where his sympathies tend. It is said that these detectives have even sounded out prospective Jurors and 'are always around the Courthouse ready ,to suggest the names of their friends to the officer who has charge of summon ing a special venire." Judge O'Day. a member of the bar. who took an (active part in the passing of the resolution appointing the law yers' committee to Investigate Jury methods at the meeting Tuesday night, said: General Discontent Reigns. "I do not know of any specific cases where juries were tampeMd with, but there is a general spirit of discontent among members of the bar. I have one case in mind where three members of a jury wre summoned from the body of the county and' that jury stood nine to three, the last members , standing together. It may have been a coinci dence, but we are told of others. "The evil seems to be more in the fact that the people who are Interested in stacking a Jury are ready for every contingency and have tleir - agents waiting to suggest the names of good men and true whenever new Jurors are needed, than it does In the failure of the county officers to do their duty. "What we want is to see a Jury made up from the reputable people of the county. There is a question as to whether the Sheriff may go outside and summon, a special venire from the body of the county before the regular Jury list Is exhausted. That has never been determined. We are all ready to take chances with an average, jury of uri trammeled, citizens, and we are tired of looking at the same faces in the Jury box every term. They may be there by accident, but it is certain they are making a living and, a business of it." Lawyers Plan Crusade. It was said last night that certain of the alleged professional class of jurors had 'gone to the length of having themselves placed on the tax-roll for a watch or other article of Jewelry to qualify as jurors. Attorneys announce their intention of waging the fight un til they are able to defeat the . efforts of the "spotters" and detectives said to be employed by the insurance com panies and; other corporations. They plan to recommend the eihplo'yment of other sleuths to watch the '"gumshoe" work of corporation representatives. It Is said to be a contempt of court to ap proach a Juror who has been summoned for service. American Minister to Lecture. M. B. Parounaglan. a native of Ar menia, who was educated to be a Mo hammedan priest, and later converted to Christianity, will deliver his lecture on "Turkey and Mohammedanism," in the Taylor-street Methodist Church tombr row rght. Although Mr. Parounaglan is a Methodist. minister, he will appear at the lecture in the garb of a Moham- Every mother feels a great dread of the pain and dan ger attendant upon the most critical period of her life. Becoming a mother should be a source of joy to all. hut the stifferino- and 99 The Gift of Gifts A Genuine Pianola Piano THE PIANO THAT THE WHOLE FAMILY CAN PLAY AND ENJOY. The genuine Pianola and Pianola Piano are sold exclu sively by the House of Eilers. Purchasable on moderate monthly payments. Instruments selected now will be de livered at any future date desired. The House of Highest Quality. 353 Washington Street, at Park Headquarters for Columbia, Edison, Victor and other Talk ing Machines and Records. median priest. -The lecture will be un der the auspices of the Elpworth League, and the money received from the sale of tickets will be used for the benefit of Conrad Johnson, a San Francisco stone cutter, who was Injured by a fall. DR. WETHERBEE SCALDED Commercial Club Head Injured In Preparing Bandage at Hospital. With his right hand and arm scalded as the result of a failure to regulate a hot water pipe in- one of the dressing rooms at the Good Samaritan Hospital. Dr. J. R. Wetherbee, president of the Commercial Club, has been compelled to postpone severs.! surgical operations and turn others over to other sur geons. Dr. Wetherbee was preparing to make a dressing in the second floor dressing room and ressed the pedal that con MANUFACTURER'S SALE SUITS AND COATS HALF PRICE! HALF PRICE! Today Aeheson, the manufacturer of ladies' suits and coats, offers bis entire remaining' line of splendid merchant tailor cloth Suits and Coats at HALF PRICE. A manufacturer in any line must each sea son clear his factory room; hence this offer. The reputation of our garments is such that there is no question about this manufacturer's sale giving exceedingly fine bargains, for w e manuracture mane all our STOCK right here, and only use genuine merchant tailor cloth in our garments. Guaranteed l'.'nnsrs. Cloth won't spot or shrink, or seams rip. ' . Here's Your Chance Here is what hundreds of women have been waiting for a chance lo . get one of Acheson's own make, genuine merchant tailor cloth suits at reduced prices. Our floor must be cleared; our factory room must be cleared. This is a new thing for Portland to have a manufacturer's sale of suits suits manufactured here high-class, standard, staple, ele ' ganfe-fitting, substantial garments. Any one who has visitej our sales floor this Fall will remember that our garments are marked in plain figures, and you can tell what a suit will cost you as well as we. All Our Stock Garments Half Price Store Open at 8:30. Don't Miss the Place 148 Fifth Street, Acheson Building. AGHES0N CLOAK 8. SDIT GO. MANUFACTURERS J'' j . nil - hP Biggest Busiest and Best trols the flow of water. A terrific stream of steam and water gushed out. owing, it Is said, to a regulator placed on the pipe being out of working order. As a result the skin was peeled off of a portion of Dr. Wetherbee's arm and his hand severely scalded. Dressings were placed on the arm im mediately and although attending to his practice yesterday. Dr. Wetherbee was compelled to postpone operations scheduled for today and tomorrow. No serious injury resulted and It Is ex pected the doctor will be able to re sume his work within a few days. Three Chinese Deported. Chow Bat and Chow Fat. Chinese. Joined their countryman. Tip Forg, in a plea of guilty in the United States Court yesterday, the three being or dered deported by Judge Wolverton. A nominal fine was also Imposed on the Celestials for attempting to smuggle five Chinese Into the United States aboard the steamer Henrik Ibsen last September. $? fit 'f-j :m