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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 11, 1911)
THE MORNING OREGOXIAN. MONDAY, SEPTEMBER 11, 1911. COUNSEL TALK OF LAND GRANT CASE Portions Sold for Timber Not Suitable.for Settlement, So Railroad Contends. COMPANY SEEKS SETTLERS Efforts Made to Induce Immigrants to Come From Europe, Says Mr. Fenton, Were Costly Specu lator Seeklnff Chance. That Congress, when it granted to the Oregon & California Railroad Com pany every odd section of land from Portland to the Oreg-on-California line, did not fully-realise actual condition. and did not Intend' that the land be sold to actual settlers In any event ezoept as It was possible tor the com pany to do so. Is one of the contentions of the Southern Pacific Company in stating- its v'ew of the controversy In which the Government is endeavoring to forfeit to Itself 2.373,000 acres of valuable timber, agricultural and grazing- land between Portland and the Southern Oregon boundary. W. D. Fen ton, attorney for the railroad company, said yesterday: "The most of the land capable of settlement was taken up under the land laws prior to 1888. It is a fact that the land which has been Sold dur ing the last few years, of which the Government complains, was land which was chiefly valuable for the timber and could not have been sold to actual set ters for homes. No one could have lived on it. The Government's land, the even numbered sections, was taken up for the timber upon it. and then sold to the mlllowners. This must have been known to Congress, and Congress never would have passed a law with the in tent that If the land could not be sold to actual settlers to aid in the building of the road, it must forfeited. Government Wrong, la Contention. "Congress may have aupposed the land could be settled upon, but even if Congress did think so it should not compel the company to hold the land for 40 years waiting for the settler tn onmn ilonr. and then when he did not come take the land from the ratl-t road company because some of it had been sold to persons who were not actual settlers. For that reason Con gress did not put any words of forfeit are in the grant. When the road was finished about S. 000.000 acres of land were on hand which could not be sold. We had been trying for 30 years to sell this land. It was offered freely and at very low prices.- When timber became valuable and the railroad connections such that we could ship lumber East, we began to veil land, not to speculators, but to people who would put in mills. These same people own much of the Govern ment land in the even-numbered sec tions, and there are few actual settlers on the land in that whole section. "The 4000 interveners in the case are only speculators. They don't intend to settlsf on the land. They couldn't take the stumps and roots out of the ground for J300 an acre. What they want is the timber, they don't want the land for homes. "Our answer emphasizes the fact that up to the time of which the Govern ment complains all the land fit for act ual settlement was all sold, between 1870 and 1890, practically all the land which was capable of actual settlement was acquired In small quantities. We were left with practically four-fifths of the land in the mountains, in the timbered country, and this became val uable as soon as the timber was valu able. While this is not a defense to the Government's suit. It shows how the grant should be interpreted. The grant does not say that we must sell In a reasonable time, or the land will bo forfeited, but It says that when we do sell we shall sell in quantities of not over 160 acres, and at not more than 32.60 an acre and to actual sel lers." Much of Land Exchanged. Mr. Fenton believes that the Supreme Court will take a different view of the matter when all the facts are laid be for it. than has Federal Judge Wolver ton In overruling the railroad com pany's demurrer to the complaint. "The Government has recognized our title to this land and also that it is chiefly valuable-for the timber." con tinued Mr. Fenton, "and has exchanged some of this land for land in other parts of the country,1 taking our deeds for It. The land involved in the 45 suits brought against companies like the Booth-Kelly Lumber Company, the Charles K. Spaulding Company, and oth ers, is also chiefly valuable for the timber upon it. Except in small fa vored spots this land cannot be sold for logged-off land.- "It is the veriest nonsense to talk about this land being fit for homes or for actual settlement. It is very prob able, however, that Congress did not know that the land waa unfit for set tlement when it passed the grant. "The company spent a large amount of money in colonizing. It sent agents to Germany and other parts of Europe and spent large sums there in adver tising to bring- people to the West. It was rewarded by having small parcels of Its land purchased by farmers al ready settled, who wanted the land for grazing? stock and additions to their holdings. "There is not a man offering this $2.60 an acre who is an actual settler. In that case, what were we to do, and what are we to do today? The theory was that this land could be either sold or mortgaged that the railroad might get the money to build its road, be cause the grant says it was to aid in the construction of the road. "When Congress passed the general forfeiture act of September 29, 1890, it waived all right It then had to recover this land. We had at that time sold some of the land In excess of $3.50 an acre, and not toactual sellers, but to persons who wanted the land for pas ture, or purposes other than actual set tlement. It la our contention that Con gress must then have known this and passed the forfeiture statute as a gen eral waiver of all claims to the land granted to this company and all other railroad companies where the grants had not been earned by construction of the road and otherwise complying with the contracts contained in the various acts of Congress granting the land a" TOM COLEMAN IS HOAXED i Fellow Detectives Give Him Copy of City Ordinance a "Order." basis of a prank played by the detec tive force upon their fellow, Tom Coleman, and about wuich he is still being gibed around headquarters. Tom is standing the scoffing good-naturedly and waiting his turn to' laugh. The day following the order, some of the men printed Coleman's name on a slip of paper and pasted it on the office copy of the city ordinances, which was then carried into the room where Cole man sat. "Here's your copy, Tom," they said. Coleman scented a joke, and turned suspiciously upon his old partner, Frank Snow. "I don't see you getting anything like this." he said. Snow was prepared with an answer, for he had wrapped up tne city direc tory and placed it on a shelf. He now pointed to It, and Coleman was con vinced. He sat down with the bulky volume on his knees, drew out his spec tacles, and read industriously, while Joe Day leaned under the table every few minutes to-laugh. "Where does this book tell you how to handle four stick-up men with guns. In a dark alley?" said Coleman, In dis gust, as he closed the iig book and putting it under his arm, started for home. "Don't drop the book or you'll break some of the ordinances," shouted Joe Day after him. . Because it was necessary to keep the LOGS M E 1CESHIP Great Waves on Peacock Spit . Dash Huge Raft to Pieces. PILING WASHED OUT TO SEA River Is Also Filled With Floating Timbers, While Logs Grounding on Sand Island Put Stop to Seining Loss $60,000. ASTORIA. Or.. Sept 10. (Special.) Pounded by heavy seas, the huge log raft belonging to the Hammond Lum ber Company, which grounded on Pea- 2TATI0NAL OFFICERS OF SECURITY COMING HE EE ON WESTERN TOUR. . Orders from the Chief of Police that cVi a 1 1 tnnk-A himself a perlpatetiq law office, were made thej Edlefsetj delivers dryfuel ties. book in the office, the Joke explained to the victim. then POLICE fiGTl SUDDEN PATROLMEN TTXEXP ECTED LT DISTURB TTXDERWORXD. Two Alleged Parasites, Six Women and Suspected Gamblers Round ed Tp In Quick Swoops. Th rrutart activity by the police against the underworld in many days was seen Saturday night ana yester day morning, when two auegea mat- - i fharvA with firam- quvmiuA, o.Jfc - bling and six women were booked at the police station, me spurt uu the appearance of being impromptu, without special orders to bring it about, but behind the move, it is believed, is a private application of "ginger" which portends trouble for the tenderloin. Both alleged parasites fell to Patrol men Bewley and Henson, patrolling what Is knov a as the "North End beat." At 29 North Second street the officers caught "Jennie Dupont, a woman who has been often arrested, and with her Mlsene Peter, a porter, who is said to associate habitually with the woman. Because she offered money to obtain her release an addi tional charge of attempted bribery was placed against her. , The readiness with which the woman proffered the money has evoked sus picion that she had found that method of avail before, and this aspect of the case will be thoroughly investigated. Both the woman and the man were held under ball of 1750. which they were unable to give. The same officers raided a house at 2724 Burnside" street and captured Camilla Delmas and Emil Hanoure. The man is an Arabian glassblower. His bail was fixed at 1750. Sergeant Roberts and Patrolman Foster raided a house at 62 North Fourth street and arrested John Gin kos. Ruby Duval, Lulu Durang and Rosie Smith. ' Patrolmen Dalrymple and Linton went to the Hotel Richelieu, Sixth and Couch ' streets,, and bought beer from Goldle Gray, whom they placed under arrest. Sergeant Lyon, Patrolmen Leavens, Madden and McCulloch raided a pool room at 4 Grand avenue yesterday morning at 4 o'clock, and caught five men. alleged to be gambling, in the basement. FACTORY ACRES VISITED Activity In Manufacturing Plot Sales Seen. In District. More than 100 persons enjoyed the river trip on the steamer Kellogg from Portland to Factory Acres on the Co lumbia River yesterday. This was the second demonstration trip conducted by the company that has opened this property. More than J 5?. 000 worth of property has been sold in this section and Indications point to the rapid and steady growth of an ex tensive factory district. Negotiations are being made between the company owning the property and five manufac turers already established here. An other concern will establish a sawmill and yet another proposes to generate power gas from lignite coal mined along the Columbia. The territory Is adjacent to Portland and directly tributary to business in terests. Step In Vocational Work. Vocational Education is the name g'ven to a new bimonthly magazine Just Issued by the Manual Arts Press, Peoria. 111. The purpose of this pub lication Is to help along the movement for vocational training in the publio school system. The new magazine Is backed by an advistory board of 38 educators, manufacturers and labor representatives from all parts of the country. Among theBe are James P. Munroe, of Boston, president of the National Society for the Promotion of Industrial Education. Superintendents of Schools In Boston, New York and Kan sas City; Professor Charles H. Judd, of the University of Chicago, and Dean Davenport, of the University of Illinois. We Are Now Ready WitK the Latest Fall Styles in AH Departments of the Store "Cheshire" $3.00 Hats for Men-Knox Hats for Women-The New Ftirs Are Now in BisaaBBBBBBBSSaMsr!7fEs?9D9S0QX Ki?.,.." Ar -'H -i- yi -MWr : 4' r ;viJ co'ck Spit Saturday, went to pieces early this morning. Efforts of five vessels, including the United States revenue cutter Snoho mish, and the tugs Dauntless, Hercules, Oneonta and Wallula, to pull the big raft off the bar were futile. The sea was" running so heavily that great danger was experienced In efforts to get new hawsers on the raft. The logs are now scattered across the bar and far into both ocean and river, a menace to shipping. Thousands of piling are washing up on Sand Island, and It Is doubtful If the seining grounds there can be operated for several days. It is expected that many of the logs will come ashore on Long Beach. The raft contained 6,000,000 feet of piling and was valued at 160,000. The tugs are now picking up what logs they can find floating In the river, but only a very small part of the raft can be saved in this way. After the hawser of the tug Daunt less broke Saturday she put into As toria to secure a new one, leaving the tug Hercules to stand by and pick up the raft if it drifted free with the tide. It waa then hoped that the sea would remain smooth enough so that the raft could be pulled Into deep water yester day morning. Before this could be done, however, the sea became rough and the big mass of logs was broken so that the tugs could do nothing with it SAGIXAWS ' DAMAGE IS HEAVY All of Machinery Must Be Gone Over Besides Hull Repairs. More serious' than waa at first esti mated is the damage to the steamer Saginaw, which is in the Oregon dry dock as a result of having struck on Orford Reef, off Cape Blanco, last month, and sustained injuries that necessitated her being towed into Coos Bay by the steamer Redondo. Captain Albert Crowe, representing the San Francisco Board of Marine Underwrit ers, completed an inspection of the ves sel yesterday and says that planking will have to be removed from her star board side, in places a length of 80 feet and in width from near her keel to the proximity of the load line. When the vessel hit it appears that the force was sufficient to break through the plankimg, crush frames and damage the celling for a space of four by 25 feet. As the frames will have to be renewed, planking must be torn away properly to secure them, and in replacing the planking lengthy pieces will be taken out first. The keel la broken fore and aft, while water in the engine-room washed oft the ' asoestos covering steam pipes. It Is said that the en gine and other machinery will have to be taken apart so that damage from water that filled her hold can be elimi nated. Marine Notes. The British steamer Torrlsdale, in ballaet from San Francisco, reached Portland yesterday afternoon and docked at Llnnton. She will load out ward with wheat from the Portland Flouring Mill Company. The barkentlne Georgina was towed up from Astoria yesterday and anchored off the Port of Portland drydock, where she will wait her turn to go on the dock for painting and minor re pairs before proceeding to Knappton to load lumber for South America. Movements of Vessels. ASTORIA, Or., Sept. 10. Condition at the mouth of tho river at 6 P. M. Weather cloudy; wind north. 12 miles; ea smootn. Sailed at 7 A. M. Steamer Case, for San 'Francisco. Arrived down at 4:10 and sailed at 7 P. M. Steamer Beaver, for Ban Fran cisco and San Pedro; arrived at 6 and left up at 8:30 A- M. Steamer Bear, from Ban Francisco and San Pedro. Ban Francisco. Sept 9. Sailed at 5 P. M. Steamer Stanley Dollar, for Portland; sailed at T P. M. Steamer Roanoke, for Ban Diego. Arrived at 6 P. M. Steamer Nehalem. from Columbia River. Eureka. Sept. S. Balled Steamer Alli ance, for Portland. Port Ludlow, Sept. 9. Arrived Steamer Fairt-.aven. from Portland. Astoria Sept. 9. Arrived down at 4:80 p i Schooner H. K. Hall. Left up at 7 p M. Barkentlne Georgina and British bark Torrlsdale. Sailed during the night Steamer Johan Poulsen, for San Francisco. Arrived Gas schooner Patsy, from Bandon and way ports. Log raft In tow of tug Dauntless, for San Pedro, broke looe and went to pieces during the night. 6an Franclsoo. Sept. 10. Arrived Steam ers Svea. from Grays Harbor; steamer Nann Smith, from Coos Bay; steamer Daisy, from Willapa Harbor: steamer President, from Seattle; barge Washtucna, from Bandon: steamer Belie, of Spain, from Antofogasta. Sailed Steamer Cnehalls. for Grays Harbor; steamer Buckman. for Seattle. Tides at Astoria Hondar. High Water. Low Water. 2-25 A. M....8.S feet!8:80 A. M 1.1 feet 2:42 P. M 8.T feet(9:02 P. M 0.S foot (St King Entire BlocK Bounded by Morrison, Alder, Tenth and West ParK Streets Specials in Our Pure Food Grocery Store For Today and Tomorrow Phone Your Orders. Private 'Exchange 12, A 6231. Why trade at unsanitary stores, and pay the same prices, or even more, than we ask for high-grade, well-kept goods t Our grocery department is, without a single exception, the cleanest, most sanitary, best-ventilated of any grocery store in the city. Our merchandise is the best. The first picke of the market. Our prices are the lowest and delivery service the best. 4th floor. GLENWOOD BUTTED 70c I CH0ICE hams AT 20c LB. Made from pure cream, in one gest Eastern sugar-cured; of Oregon's purest and 7Q guaranteed sweet; on Of' best creameries ; sped- speciai sale t, pound PURE LARD, NO. 10, $1.25 , GINGER ALE, DOZ. AT $1.65 No. 10 pail of pure kettle- Best imported; a delightful rendered lard, t J OC drink, Summer or e 1 CC regular $1.35 size Winter, dozen for PURE LARD, 5 LBS. AT 65c GRATED PINEAPPLE. 15c No. 5 pail of pure kettle-ren- Selected stock Pineapple, put dered Lard, regular 70c up in 2-pound cans, 1C. size, special, each, onlyv't'V regular 20c size, only CANNED ASPARAGUS, 25o ORESCENT SARDINES Very tender, large white As- Soused, Tomato or Mustard; paragus, on special OCr regular 20c value, spe- C Q- sale at only, the can'u' cial price, 3 cans for"vw LOG CABIN SYRUP AT $1.17 BONELESS SARDINES 15c The old reliable brand, cane or French imported Sardines maple; $1.35 can, (tl 1 7 the very select stock, 1 C. special at, the can Y1'1 ' offered special, a can CHOICE BACON, 20c A LB. SHOULDER HAMS, 11c LB. Best Eastern sugar-cured picni Shoulder Hams, the lean, with streaks of 2f)e choicest and best, spe- ij 1 fat; special price, lb. cial at onjT the pound "Sealshipt" Oysters Fresh shipment just received. We keep them on ice in sani tary container. Just as .sweet as the moment they were shelled. Bargain Circle Today 122C Swiss, Yard 9c $1.65Bed Spread $1.38 25c Madras Yard 15c Pillow Cases at 12V2C Special Sale of cJbool Supplies School begins today. "We'd suggest that you save this price list until your child conies home tonight. Then you will know what is needed. Read list TABLETS . 5c Pencil Tablets, 6x9, 300 series, at 4i Ink, Pencil Tablets, 8x10, ruled,plain, 5 5c Ink Tablets, note or letter size "1 r ruled, offered special at 3 for vrl ruled, offered special 10c Ink Tablets, Tremont, letter 1C. note size, ruled; plain,. 8c ea., 2 at 15c Holland Lawn Tablets, ruled orQ. plain, offered special at only, each COMPOSITION BOOKS 8c Comp. Books, press board cover, 10c, press board cover, round cor., 6 25c Comp. Book, blk. cloth cover, 19 8c Students' Note Books, at 5 6c Students' Note Books, at 4 Spelling Tablets, special, only 5 PENCILS lo Faber's "Dash," eraser tip, dz. 10 2 for 5o Imperial, with eraser, dz., 25 5c "Royal" Pencils, special, 3 for 10 5o Pony Pencils, special, each, only 4 lo Cedar Pencils, special, the dozen, 8J 4c Faber's "Dot," special, ea., only 3 lOo Prismic, or Spear Propeller, ea., 8 No. 1 Pencil Assortm't, 2 pencils, pen holder, pen, ruler, eraser, ruler, box, 10 No. 2 Pencil Ass't., 4 pencils, penholder, pen, ruler, wheel eraser, box, only 25J Slate Pencils, "Flag," 100 in box, 20 German Natural Slate Pencils, dozen, 2 SLATES Size 6x9 inches, covered, noiseless, 9 Size 7x11 inches, covered, noiseless, 10 d Size 8x12 inches, covered, noiseless, 13? RULERS 12 ins. with metric system, plain or O brass edge; regular 5c and 10c, only Blotters, small size, the doz., 6 Desk Blotters, special,- each, 5i? 25o Eagle Compass and Dividers at 19J 15c Compasses, specialized at only 10 SCHOOL BAGS Cloth Bags, Scotch plaid, gusset leather trimmings, pocket in front, with Cfl shoulder strap, special, each, only vJVC Black Enamel Oil Cloth Bags, flexible gusset pocket in front, shoulder Oft straps; a splendid value at, each-'-'' The same without gusset, ea., only 12J Burlap, Scotch Plaid Bag, witll9ttr pockets and handles, special ior 25c box of Chalk at special price of 19 SCHOOL DICTIONARIES Webster's new Standard handy "1 Q edition, black cloth covers, only Webster's modern handy edition 1 C)f with gray cloth covers, 20c value 10c Blackboard Erasers, special for 3 2c Slate Erasers, special at only, ea., 1 CRAYONS 6 colors, wood-covered, special, box, 52 Paragon Water Color Pencils, 7 col- O ors to the box, for this sale at only Prang's Water Colors, 4 colors pC and brush, put up in tin box, for"'' Extra Paints, 50c the dozen or, ea., 5d Pencil Sharpeners, the "Belle," ea., 5 10c High Sch. Pads, ruled both sides 8r. Foolscap or Legalcap Paper, quire, 10 Drawing Paper, 6x9, tablet form, at " Erasers, the "Mite," at, each, 1 10c "Comet" Erasers, special, ea., 6J 10c Ink and Pencil Erasers, special, 7J 5c Ink and Pencil Erasers, special at 3 5c Pliable Erasers, special at, each, 4 5c Typewriter Erasers, special, each, 4 Penholders, natural wood, lc ea., dz. S Penholders, blk. finish, 2c each, dz. 16 All our 5c Penholders are reduced to 4 Pens Faber's Steel Pens, 1 dozen Q in a steel case, specialized at only 5c Ink, Mucilage or Paste, special at 4 BOOK STRAPS 5c grade 36-inch leather Book Strap, 4 10c grade 48-in. leather Book Strap, 8 15o Combination Strap and Ruler, 10J v i HIGH KNIGHTS HERE City Security Lodges to Enter tain National Head. BIG CLASS TO BE INITIATED Order Has) Grown From Membership of 12,00(V to 115,000 Under Di rection of W. B. Kirkpatrlck. Reception to B Feature. ' Flans for the entertainment of "W. B. Kirkpatrlck. National president, and J. V. Abrahams, National secretary, who arrived here-yesterday, are being made by the Knights of Security of this city. The programme includes a Joint Initia tion of 150 candidates tonight, a ban quet and reception tomorrow night, a luncheon at the Commercial Club to morrow afternoon, and drives about the city. ; The two officers of the organization arrived at the Union Depot from To peka, Kan., the headquarters of the fraternity, at 2:30 yesterday afternoon. They were met by a committee consist ing of W. E. Cummings, district man ager of the Knights; Q. L. Matthews, president Eureka Council; T. C. Miner, president Anchor Council; David Sulli van, president Security Council; 1 C Bridges, president Willamette Council; Mrs. Nellie E. "Williams, president Rose City Council; Mrs. A. Lu Chllds, presi dent United Council; F. Joplin, vice president Eureka Council; George H. Thomas and William C. Green, Nation al representatives of the order. Mr. Kirkpatrlok has been president of the order for 17 years, and since he took up the work of president, the membership has grown from 12,000 to 116.000. This Is his first visit to Port land. The visitors will leave Wednes day morning for California. Today's programme Includes a tour $137 New $137 Upright Piano ' SAMPLES JUST RECEIVED FROM FACTORY On Sale, Today (Monday) Only, at 3137 This is an opportunity for you to secure a good, dependable piano at about one-half of real worth. Soule Brothers Direct factory representatives for eight different makes of fine pianos and player-pianos. 127 Eleventh Street, Between Washington and Alder. of the city! At the initiation tonight at the W. O. W. Hall, at East Sixth and East Alder streets, all lodges in the vicinity of Portland, Including the Ore gon City lodge, will be represented. About 150 candidates will be Initiated. The officers and the degree staff of Eureka Council. No. 204, will conduct the Initiation work. Tomorrow afternoon the visiting of ficials will be tendered a luncheon by the Commercial Club. Tomorrow even ing a reception will be given In their honor at the hall at East Sixth and East Alder streets. The reception In cludes a musical and literary pro gramme, dancing and a banquet. Judge Grant B. Dimick will deliver an address of welcome in behalf of the lodges, W. E. Cummings will introduce tne presi dent, and George H. Thomas will Intro- duce the secretary. Official addresses I will be delivered by the National presi dent and the National secretary. Pe 11 Dismisses Suits. CENTRALIA. Wash., Sept. 10. (Spe cial.) The suit started by the town of Pe Ell against several of its business men for refusal to pay an occupation tax. was dismissed by Justice West over" in Chehalis yesterday at the re quest of the town officials. 1 1 A-lgfj.i4 1 This Kitchen Heater Insures a Warm Kitchen Can be attached to your gas range. Has adjustable legs and -will fit any style gas range. This Kitchen Heater is equipped with a gas kindler for starting the fire. ? It is made to burn wood, coal, bricketts, sweepings, rubbish, paper and garbage. It is compactly built and takes up very little room. Only the material which experi ence has proven to be the very best - has been used in the construction of this heater. , The fire box and general construc tion are similar to that of a good coal range. This Kitchen Heater may be util ized for cooking or boiling, as the cast top plate has two eight-inch holes. By using this heater you can cook on your gas range in a warm kitchen all Winter. We have a special proposition to offer on this Kitchen Heater that will be of interest to you. You can see this heater in opera tion at our Display Room, Fifth and Yamhill sta Portland Gas & Coke Company