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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 3, 1910)
QREGOXTAX,-TITCRSDAT,--."FEBRlTAllY- 3-1910cr HERMANN NERVOUS CONTRADICTS SELF Jones' Letters Admitted, De hied by Defendant at Prior Washington Trial. ANSWERSTO HENEY SHARP I'riendship of Defendant for C. P. Huntington Shown by Letter to .Be Contrary to Testimony. . Jfews Story Meets Objection. Two contradictions deemed flagrant by: the prosecution and embraced by Attorney Heney as potent points in be half of the Government's contention against Hermann, -were written into the record of the trial yesterday. That he had written a number of official letters to Willard N. Jones was testified by Hermann at the close of a strenuous day for the aged defendant. Record of .Hermann's prior trial in Washington, it is said, bears a denial by the ex-Commissioner that he had communicated with Jones officially. Second Contradiction Xoted. Xot allied as closely with Hermann's present case, but seized upon by the prosecution as a contradiction, never theless, was Hermann's dual assertion concerning Collis P. Huntington, the late railroad magnate. Hermann had said he was never especially friendly with Huntington. When this declara tion was made part of the court record. Attorney Heney quoted a letter writ ten by Hermann wherein Huntington is termed a "warm friend"- who "always called on him" In passing through Washington. j Hermann Grows Nervous. Herman showed evidence of nervous ness for the first time yesterday. Sev eral of his answers to Attorney Heney were sharp and on one occasion he half arose from his chair, responding to a question vehemently and rounding out hl answer by telling Attorney Heney he resented the prosecutor's insinua tions. Throughout his testimony Her mann trembled visibly, he twisted a pencil nervously and his voice was husky, every word quavering. j Fraud Knowledge Alleged. Attorney Heney centered his efforts in an endeavor to show that Hermann could not have failed to know that land frauds were being manipulated in Oregon under the timber ana" stone act from 1900 to 1902, when the Blue Mountain Reserve was petitioned for and when Hermann ordered it withdrawn. Hermann admitted that he had seen an- editorial in The Oregonian In Julv. 1901. concerning the land frauds, but denied seeing the news story of a prev ious issue to which reference was made and which exposed the operations of the men who were charged with looting school lands. Attorney Heney offered the article in evidence and urged that if the -Commissioner had admitted seeing a reference to : a suh.iect. which it was his duty to Investigate, the subject Itself belonged to the Jury for consideration. Attorney "Worthington objected to the introduction of! the newspaper story and the map of the Rogue River Reserve printed at the same time. Attorney Worthington con tended that the defendant had testified he; had not seen the article, and knew nothing of the charges. One Clash Occurs. While the point was argued the only clash of the day between the attorneys was recorded. It was then declared that he resented Imputations of neglect of duty .velleu by questions asked by Attor ney Heney. Judge Wolv-erton will pass on the ad missibility of the news story at the open ing of court this morning. Heney and Hermann fought a "draw" on the main point of the cross-examination. Heney showed Hermann had not ordered a withdrawal of the Wallowa forest reserve as recommended by the geological survey to end the location of bogus and Illegal entries in that district as Hermann had testified were being carried on by wholesale. Hermann scored by showing that his failure to make that withdrawal when so requested had operated to prevent the land manipulators from securing the school lands to tise as base in exchange for the public domain outside the re serves, as provided by the lieu land law. I.leu Lands Muse of Frauds. Attorney Heney' In the morning session evidently aimed to dis credit the testimony of Hermann. Hermann had testified he had decided that the lieu land law of 18S7 did not permit the selection of indem nities in unsurveyed townships of the public domain. Referring to this tes timony Attorney Heney showed the de rision as printed In the reports, which Indicated that Secretary Bliss, the pre decessor of Hitchcock, had originated that doctrine and had incorporated it Into the Hermann decision, which was afterward reversed on review by Hitch cock. Attorney Heney then switched to the frauds practiced in the Western atates under the timber and stone act of 1878. "Did you say on direct examination. Mr. Hermann, that the lieu land law was the mother of the land frauds of the West?" asked Attorney Heney. After a long explanation, Hermann replied In the affirmative. Don't you know. Mr. Hermann, that prior . to 1S97 and up to the repeal of the lieu land act. great and notor ious frauds were being perpetrated in the West under the timber and stone act. and that a gang of timber pirates from Minnesota and Mich igan, comprising men who had acquired great wealth in that work In their home states, were out here and were acquiring lnnds through bogus ntrymen?" asked Heney. Fraud Known Ciiof f icially. Hermann answered that he had heard talk of It, but declared his attention had never been called to the frauds officially. "It was the duty of the Reg isters and Receivers at the Land Offices." said Hermann, "as well as the pedal agents stationed out here, to Investigate those matters and report Irregularities if there wre any. The Commissioner had too much to do to attend to an investigation of every in dividual case."' The prosecution then brought out testimony that whenever Hermann came to Oregon the trip was made at the expense of the Government, there fore. Attorney Heney continued, any information Hermann may have ac quired was official in character. Her mann admitted that while drawing his subsistence of J;i a day during va cations In Oregon he heard much In a jceneral way of the operations of the Michigan and Minnesota men under the timber and stone act. "That only made me more emphatic than ever In my efforts to get the lieu land law repealed." said Hermann. Heney, passing- to the history of the adoption of the lieu land law by Con gress, asked If Weyerhaeuser. Smith and others had appeared at Washing ton and urged its passage. Hermann said he could not remember having seen them there, but he said he knew of their holdings here and agreed with Heney that the Northern operators appeared in Oregon soon after the law became effective. Thayer Frauds Vnknown. Hermann denied that the operations of Claude Thayer, son of a former Gov ernor, had been called to his attention at the time the patents were being se cured. He asserted he had no knowl edge of the statements made in public communications from Father Schell. a Catholic priest, who secured Informa tion of the scheme from men who as sisted Thayer as dummies. Through a letter from the Secretary to the Commissioner, July 29, 1901, the prosecution sought to show that the attention of Hermann had been di rected specifically to the fraudulent work on the public lands in the West and was the cause of the order which Hermann Issued, some months later, instructing special agents to examine personally into - the final proofs sub mitted, to ascertain If the applicants had agreed to dispose of their -locations and were making the applica tions contrary to law. Hermann replied he had heard of the indictment of Senator Clark, of Mon tana, and a number oft -prominent men in connection with land frauds, but said there was nothing In that to exr cite his suspicion. Only Suspicion Felt. Hermann would not say that he pos sessed more knowledge than sus picion at any time. Then Attorney Heney switched to the ownership of lands in the areas withdrawn for for est reserve purposes. Hermann said he knew of a few instances where men, who had honestly acquired lands which became part of reserve withdrawals, had dumped them on the public domain. Turning to the Wallowa withdrawal Hermann said he had ascertained that about J40.000 acres had been located In the area of the proposed Wallowa Reserve, which the Geological Survey people had not reported to him. Many of the locations proving to be of recent date, the Commissioner thought they Indicated another steal under the lieu land law. Attorney Heney then questioned Her mann closely as to why he did not make the withdrawc-1 to stop loca tions being made, the case having been presented to him at the same time he considered the Blue Mountain area, which Hermann approved. Hermann did not give a direct answer, saying: Large Withdrawals Opposed. "I was opposed to the withdrawal of large amounts of lands as retarding the settlement and development of the West. It Is a serious matter, Mr. Heney, to create a large reserve which would prevent taxation of the land and settle ment." The cross examination then dwelt on Hermann's Senatorial aspirations. At torney Heney seemingly attempting to show that Hermann made capital of his standing with members of the United States Senate. "Did you not say to numbers of peo ple that you considered yourself very available timber for Senator because you had made many friends among the Senators by doing them favors while in the land office? Did you not say that you could do more good for Ore gon because of that standing with the Senators?" asked Attorney Heney. "1 would consider such a standing a good qualification," ' Hermann re sponded. Attorney Heney then revived the re peal of the lieu land law of 1897, which, Hermann said, he had advocated for years and had attempted to modify with a bill in Congress. "Was it not true," asked Heney, "that no action was taken on the repeal of that bill un til Congress heard of the conviction of Puter, McKinley and Tarpley in Ore gon?" "Not one in 25 of the members of Congress ever heard of Puter or Mc Kinley," said Hermann. Mitchell Speech Not Remembered. "Did not Mitchell denounce his own Indictment on the floor of the Sen ate as being brought about by a bunch of land thieves, headed by S. A. D. Puter?" Hermann replied that he thought Mitchell did make a speech about the indictment, but that he had no per sonal recollection of It. Reaching the fraudulent acquisition of school lands in Oregon, Attorney Heney read a report made by the Com missioner in 1901, prior to the creation of the Blue Mountain reserve, in which Hermann pointed out that purchasers of school lands In reserves would have the right to exchange valueless lands for valuable lands of the public do main. Hermann contended that the re port was general and that it was not actuated by any personal knowledge of frauds in . that line. His suspicions were somewhat 'aroused, he said, but he relied on the field force to look into Irregularities which might be suspected before the papers were received In his office. "You thought, did you," inquired Heney, "that the people who were mak ing a business of committing crimes under the timber and stone act would not take advantage of the school lands out here?" "Your illustration is strenuous," was Hermann's reply. Hermann Admits Suspicion. "At the time the timber and stone act was being violated by these men who were suborning perjury, did. It not enter your mind that they might do the same thing in reference to the school lands?" "I did have a suspicion, but no defi nite knowledge," Hermann - responded, "hat thdse men might be acquiring the school lands. I supposed that a dishonest man would avail himself of dishonest methods at any time." "Senator Fulton told you in 1889 that Burke and Goslyn had been indicted for taking- a carload of bogus entry men to Roseburg. didn't he. and you failed to take any heroic measures at that time, didn't -ou?"astced Attorney Heney. The witness replied that Senator Ful ton was a very vigorous man in mak ing statements. Hermann recalled that in 1900 to 1902 C. E. Loomis. Ormsby and EX D. Stoddard were making field investiga tions in Oregon. He denied seeing an article on the front page of The Ore gonian of August 4, 1901, describing the operations of George Sorenson in fraudulent purchases of school lands. Attorney Heney's sole endeavor yester day was an attempt to show that Her mann knew that frauds were being per petrated under the timber and stone act and in the manipulation of school lands within reserves.. In that connection Heney reverted to the letter Hermann wTote to the Secretary of the Interior. January 11. 19u2. opposing the Rogue River reserve withdrawal and inclosing clippings from newspapers of Oregon. Hermann quoted the editorial from The Oregonian of July of the previous year, which referred to a map of the Rogue River district and a complete expose of the methods which the land manipu lators used In handling the school lands here. Heney asked Hermann If he had read the paper regularly. Hermann re sponded in the negative. Attorney Heney the"n asked Hermann why he had not obtained" the paper of July 21, 1301, and informed himself of the charges to which the editorial re ferred. Jefferson's Example Followed. "The editorial embodied my views and I adopted them' Hermann replied. "At that time I was acquiring Information as to frauds which I knew to exist through my special agents and local land offices just as Thomas Jefferson did, and as all land Commissioners have done from bi day to this. - At that time I knew there were persons on the ins-ide of the school land indemnity business, just as I did that certain persons were on the Inside of the -.operations of the frauds under the timber and stone act, and if the Secretary had listened to my recom mendations there would have been no j prosecutions' here in Oregon, or any j where else, by you, Mr. Heney." j "Well then, as a public officer, charged with guarding the public lands of the country from the thieves who were operating, was It not your duty to have made every effort to ascertain what methods were being used, and if you saw the editorial in The Oregonian referring to a story which explained how the plans were executed. 1 want to know why you did not hunt it up?" shouted Heney Deals Thought Legitimate. "The answer is that while I knew that school lands were being bought I sup posed they were being obtained legiti mately and not by fraudulent means," eald Herman. "I did not look for the article for that reason. I also had per sonal knowledge of the conditions In the Rogue River country, such as humidity causing a rapid growth of timber, and I was satisfied to make the recommenda tion to the Secretary on that ground"?" "Did you not take enough interest in the matter to look up the article and see if it named the men who were on the in side?" asked Attorney Heney. "I did not," replied Hermann. "Is it not a fact." Heney inquired, that it was because the article in The Oregonian on July 21 does minutely de scribe the methods by which school lands were being fraudulently obtained, that you now say that you never saw that story?" Half rising from his seat, the aged de fendant said: "No, sir. and I resent your insinuations to that effect, Mr. Heney." Hermann, upon being shown a copy of The Oregonian from the Government flies said he was a regular subscriber to The Oregonian. but because of so many papers being sent to the office of the Commissioner he did not read it regu larly. Toga Aspirations Told. - Hermann said he was never more than a receptive candidate for Senator from Oregon although in the election which named Senator Fulton in 1903 he received 12 votes for the position. He said he had informed friends he would be pleased to receive their support at any time his candidacy might be sprung with some measure of success. Heney then submitted three letters written by Hermann in 1900 to George O. Brownell, of Oregon City, a member of the Legislature, wherein plans for the presentation of Hermann's name to the Legislature for the ,Senatorship were set forth. Hermann wrote Brownell that he would see C. P. Huntington of the Southern Pacific in regard to a position as Eastern counsel for that railroad, and if that place could not be secured he would get a political position for Brownell which would carry financial and "distinguished recognition." "I am always grateful to my friends," wrote Hermann, "and if I were writing my own epitaph It would be 'He never betrayed a friend, or forgot a kindness.' " Heney Xotes Contradlcitlon. Hermann then said he had never been especially friendly with Huntington of the Southern Pacific. When this testi mony was recorded Attorney Heney read a letter in which Hermann said the Southern Pacific magnate was his warm friend and always called on him in pass ing through Washington. Attorney Heney asked if Mays was a member of the Legislature before which Hermann would appear as a candidate for Senator. Hermann said that- If he was. Mays would not be considered friendly. Hermann admitted having two or three conversations with Willard N. Jones between September, 1901, and 1903. Jones was also a member of the Legisla ture, but Hermann denied that he had talked with Jones about his ambition to be Senator from Oregon. Hermann said he might have promised to assist Jones. ' "I probably said that if Jones needed my assistance in Washington," said Her mann, "I would be glad to give it. It was an expression of which I made use very largely." Hermann admitted writing Jones a number of official letters, 1 although he denied such action in the Washington trial. Asserting that Hermann was at Salem the night Fuhon was elected, Heney closed the political-chapter of the investigation. Cross-examination of Her mann will be continued today. BIGGEST SALMON CAUGHT Castle Hock Fisherman Lands Prize Fish of Season. CASTLEROCK, Wash.. Feb. 2. (Spe cial.) The Cowlitz River has long been famous as a fishing stream, but yester day's catches exceeded the ordinary. While Ii8hingr in the river with ordina ry tackle, Paul Daggy, of this city, landed an 11 -pound steelhead salmon. A number of salmon have been taken in the same way lately, but this is the heaviest yet caught in that manner this Winter. .A. short distance away from where the salmon was caught Guy Beebe, a veteran sportsman, formerly of Port land, was fishing at the same time. His hook- started across the river slowly, and after a greater portion of the "string" had run out he concluded it was time to check it. He did so and reeled the line in slowly, and found a big muskrat on the end of it. Mr. Beebe landed his prize, however, dis patched and skinned it and brought the pelt home in triumph. FULL LINES OF TRUSSES. SHOULDER BRACES. ELASTIC STOCKINGS. KNEE CAPS. ATHLETIC SUPPORTERS. FOOTARCH SUPPORTS, HEEL CUSHIONS. ATSTKLE BRACES JEALOUS HUSBAND KILLS Suicide Follows Outbreak of Carpen ter, Once in Asylum. SEATTLE, Wash., Feb. 1. Samuel Vanderford, a carpenter, aged 59, shot and killed his wife, Celestine, aged 58. at their home in Hlllman City, a south western suburb, today, and then fatal ly wounded himself. The woman was shot In the heart, the man through the center of the forehead. The couple came here from Sauk Center, Minn., two years ago, and had quarreled fre quently. Vanderford. who was re leased from Steilacoom Insane Asylum after confinement for six weeks, was irrationally jealous of his wife. President Helps Orphans. Hundreds of orphans have been helped by the President of the Indus trial and Orphan's Home at Macon, Ga., who writes: "We have used Electric Bittera in this Institution for nine years. It has proved a most excellent medicine for Stomach,. Liver and Kid ney troubles. We regard it as one- of the best family medicines on earth." It invigorates all vital organs, purifies the blood, aids digestion, creates appe tite. To strengthen and build up pale, thin, weak children or rundown people It has no equal. Best for female com plaints. Only 50c. at all druggists. 'fin-Qp.". Pre -1 nventory Sale of Patents 50c bottle Liquoeide, for 36? fl.00 bottle Liquooide for. ..75? $1 bot. Hood's Sarsaparilja. .75? fl.00 Ayer's Sarsaparilla at..75t $1.00 Wine Cardui, sale for. .75 $2.00 Succus Alterans at... $1.69 $1.00 Listerine, Friday sale..67 35c Castoria, during sale at. .20? 50c Syrup of Figs, sale at. .32? $1.00 Bromo Seltzer, sale at..75 25c Mennen's Talcum Powdr.l5t 25c Colgate's Talc. Powder.. 15t $1 Cooper's Sarsaparilla at..75 Regular 25c Woodlark Tooth Paste, on sale at 3 for 25? Regular 25c Woodlark Tooth Soap, on sale at 4 for 25 25c Bromo Quinine, special.. L9? 25c Carter's Little Liv. Pills.l5t 25c Pierce's Pills, sale at...l5 Regular $3.75 Malted Milk. y hospital size, on sale at.. $3.15 $1.00 Warner's ISafe Kidney Cure, on sale at, bottle. . .75 ? 50c Warner's S. Kid. Cure... 36? Pre-Inventory Sale Hair Goods $6.00 Curls, Puffs, choice.. SI. OO $1.00 Rats and Rolls, choice.. 25 $2.00 Barettes, special, each.. 25? Imported Novelties Combs, Bands and Barettes, ONE-HALF PRICE Pre - Inventory Rubber Sale 15c Rubber Sponge Q? 25c Rubber Complexion Br. . .13t 75c Rubber Gloves, sale at. .33? $1.15 No. 2 Fountain Syringe, maroon rubber, on sale at. .08? $2.00 No. 4 Fountain Syringe, maroon rubber, on sale.. $1.69 $1.50 No. 2 Water Bottle, of white rubber, on sale at.J.9S $2.50 No. 3 Water Bottle, of red rubber, on sale .at. .$1.98 $1.75, No. 4 Water Bottle, of red rubber, on sale at.. $1.23 $1.50 No. 2 Combination Wa- " ter Bottle and Syringe at . . 83? $1.75 No. 2 Combination Wa ter Bottle and Syringe. . $1.49 $2.15 Comb. Water Bottle and Syr., No. 3, red rubber. .$1.69 Rubber Toys on sale at V2 PRICE Pre-Inventory Sale ags, Gases, Trunks Pre-Inventory Greatest Savings of Season Large Line of Fine Trunks Friday on Sale Quarter Off $1000 INSURANCE POLICY FREE WITH EVERY $5.00 OR OVER LEATHER GOODS PURCHASE . $12.00 heavy cowhide leather, 24-inch Suitcase, French edge, double-action lock, heavy bolts, riveted frame, to be CQ Ofl sold at low price of P7vlvr $8.00 cowhide Suitcase, 24-inch, with heavy lock and straps all around, reinforced fl?? AA sale price VJ.vfV SUITCASES $10 sole, leather Suitcase, with heavy lock, double straps, riv- . corners; HAND $8.00 Handbag, leather - lined 16-in., with riveted frame, at only, ea. $15.00 Handbag, of French dressed calf, hand-stitched, firm reinf orced cor ners; on sale at $6.00 $11.25 eted throughout; on fcT Cft sale at this price, ea. ? Jvl $8.85 heavy leather Suitcase, 24 - inch, with shirtfold, heavy locks and straps; fljfj CI during this sale at P" BAGS . $10.25 Indies' Traveling Bags, in calfskin, grained, CQ 16-inch; selling at P A large showing of Handbags and Suitcases, ranging in value from $2 to $50 l CCC each, on sale at, ea. Vl 1 Sale of Drugs Fine Pictures, Values From $3.50 to $5.00 Each at $2.89 Great special sale Friday and Saturday of 100 fine Pastel Paintings, each an original hand-done picture in colors, in gold and antique frames, 3 inches in width, with hand-laid corners and gold-leaf burnishes, mostly desirable panel shapes, sizes to 30 inches length and 6 to 12 inches width, both oblong and upright. 'Subjects include Fruit, Landscape, "Woodland and Pastoral scenes. Stapl $3.50 to $5.00 values, for two QQ QQ days only, at. UZiUU Another sale of fine Etchings, "Water Colors, Fruits. Jleads and assorted odds and ends; regular values $1.50 to $o.00, QQr to clean up at the low price of, each. .uOu Odd and ends of our immense Picture Stock, hundreds to choose from, put on sale in two lots: Regular values to $1.50 on sale, each ....49? Regular values to 75c on sale, each 25? Vals. to $6, Art China, $1.98 Art China, Vases, Candlesticks, Jardinieres, Rose Bowls, Card Trays, Tobacco Jars, Steins, etc., in best foreign makes Q1 QQ and designs, values up to $6.00, Friday OliwU Art China and Bronzes, Candlesticks, Vases, Figures, Orna ments, Rose Jars, Fern Dishes, Jardinieres, in Amphora, Stell- maeker, leplitz, Kozane and many other makes; values up to $10,00, Special Friday Brasses and Bronzes of every kind, all shapes, sizes, styles and designs, hundreds of pieces included; values from a few cents to $12.00 AT ONE-FOURTH OFF Hundreds of pieces of artistic Cut Glass are offered for sale tomorrow at one-third less than the regular marked selling price. It's unusual to see Cut Glass marked at less than one fourth off, but circumstances make it imperative that we reduce stock rapidly before our annual inventory and also to enable us to house the large shipments of goods due to arrive shortly from the East. Your choice of hundreds of pieces to morrow, Friday ONE-THIRD OFF .52.69 25c Soda Phosphate. Merks..lT 15c Borax, pound, this sale.. Q? 10c Copperas, package, at.. 5? 50c Cream Tartar, pound at J.SS 5c Sulphur, package now at.. 3 8c Chloride Lime, can. now at 5? 3.5c .Sugar Milk, Woodlark . .20? 20c Wood Alcohol, pint. now..l-4 15c Cotton 'Seed Oil, bottle at 9 15c Witch Hazel, bottle, now 8? Pre-Inventory Sale Toilet Articles 25c Sachet Envelopes, only. . 5? 25c Woodbury's Facial Pwdr.lT 50c La Blache Face Powder. .36 50c Charles' Flesh Food, at..36 50c Wisdom's, Robertine at..33t 75c Lilac Vegetable, sale at. .59? 50c oz: Triple Extract rose, violet, etc., on sale at, oz..30 $1.00 oz. Triple Extract, rose violet, etc., on sale at, oz. . .50? $1.00 Pompeiian Cream, at...76i $1.00 Ingraham's Milk Weed Cream, at low price of 76? Pre-Inventory Sale Stationary 75c Postcard Albums, each..37 25c Box Stationery, sale at..X7i 35c Woodlark Linen, now at..l9 10c Linen Envelopes to match 7?. 25c Linen Tablets, sale, ea..l2 $1.00 English Playing Cards. .47? 75c Linette Playing Cards at.. 42? $9.00 Brass Desk Sets at.. 6.75 $12.00 Brass Desk Sets...$9.00 $4.50 Brass Book Racks. . 3.12 $4.00 Brass Book Racks.. 3.00 100 Calling Cards, printed. .25? 100,000 Valentine Postc'ds at 1? Medicinal Wines and Fine Liquors 35c Hoff 's Malt Extract, salc.27 50c Angelica, Muscatel," Ma deira, Tokay, Catawba, Clar et, Zinfandel, Riesling, Bur gundy and Sauterne, for. 34? 75c pts. Amer'n Champagne. .48? 75c Preferred Stock Whisky. 48? $1.00 Atherton Bourbon at..83 $1.00 Guckenheimer Rye at..83 $1.00 Virginia Dare, sale at..69 $1.00 Port or Sherry, sale at. .73 $1.25 Dewar's Special, at..$1.05 $1.25 Gin, during this sale...7J LAND BILLS READY Three-Cornered Fight Delays Report of Committee. NELSON MEASURE SIMPLE An old Jersey farmer. 90 year of age, followed the hounds through a whole day, walking 25 miles. Regular Broadway car service direct to Alameda Park starts today. Contention That Right to Wit lid raw From Entry Should Rest With Congress May Bring: About 1 Report by Minority. WASHINGTON, Feb. 2. The Senate committee on public lands today reported a substitute for two Administration bills authorizing the President, for conserva tion purposes, to withdraw public lands from entry. The decision to report such a measure wae reached after several hearings had been held, in which the necessity for the legislation was attacked and defended in spirited controversy. United action was impossible today when the 'question of reporting a bill was taken up. A three-cornered fight had bee n ca r ried on in th e comm Ittee for pome time. .The factions were made up of Senators who believe that the Presi dent, under existing law, has authority to withdraw lands from public entry; Senators who have been in favor of giving him such power, but who have contended that numerous acts of ex President Roosevelt were illegal, and Senators who have taken a decided stand against any such authority being con ferred upon the President. Acts of Mr. Roosevelt should be validated beyond question, declared those Senators who were In favor of advanced conserva tion legislation, but who have questioned the legality of many of the withdrawals already made, but they joined with the supporters of the Administration bills sent to the committee by Secretary Bal linger and agreed to report a substitute. This action still left a minority composed of ' Senators Heyburn, of Idaho, and Clarke of Wyoming, who insist that tlie right to withdraw from entry should rest in Congress. These Senators -may present a minority report. The measure as reported by Senator Nelson is one of the simplest pieces of legislation ever proposed on the subject of land laws, but it Is said it will accomplish all the purposes of the two bills of several sections each that were sent to the committee from the In terior repartment. 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