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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (June 16, 1907)
THE SUNDAY OREGONIAX, PORTLAND, JUNE 16, 1907. LAND PUZZLE FOR "AGTUAL SETTLERS" Suit and Extra Trousers c 3 HODGE'S FIBER CARPETS AND RUGS STAINE'S AND RIXDORFER INLAID LINOLEUMS Of Same or Striped Material . to Order for Seekers of S. P. Tracts in Ore gon Lay Claim to That Name. lO BUT DOES LAW SANCTION? Ha II mart Insist That Such Claim ants Hare Ceased to Exist and That There Can Be No Sfew Crop. That "actual settlers-' in the railroad land grants of the- Oregon & California and Southern Pacific means persons who have homes on the lands and dwell there seems accepted without dispute. The more Important question for Individuals who seek to wrest the lands from the railroad at $2.50 an acre, is whether their asserted right of buying the lands be longs to all persona who may establish homes on the lands, or does It belong only to those who were residents when the railroad fixed the route of its lines and obtained the lands from the Government? This latter meaning la the one put on the acts of Congress by the railroad. Its attorney insists that there is a line of Buorema Court decisions for the claim that the land-grant acts of 1866-70 vested the railroad with the right to own in lee simple the lands set apart in the grant by Congress, and actually that those acts attached the ti-.le to the railroad, when the railroad filed, in Washington. maVs of the definite route of lines, at Intervals between 1870 and 1884. No More Actual Settlers? By this interpretation there can be no Tiew actual settlers, and those persons who are squatting on the lands are tres passers. This assumes that, the railroad . holds absolute ownership in the lands; that in accepting them from the Govern ment it agreed to sell at an acre only to persons who had homes on the lands at the time title passed from the United States: and that there have been no such claimants since. This Is an elastic meaning of "actual settler." Should it be confirmed by the courts, the railroad cannot be forced to sell its remaining 3,000.000 acres of the grant. This would defeat the efforts of hundreds of persons In Western Oregon, who in the last two months have pre pared to take possession of railroad lands as actual settlers and have offered $2.50 an acre to the railroad. Old Blight AYould Stay. It would also permit the railroad to continue Its policy of barring the lands against settlement, as it has done for nearly four years past, by refusing; to sell. It would defeat what the peo ple consider the original purpose of the land grant to open the lands to home builders. According to thla view, the railroad was made trustee of the lands and , authorized to sell them and use the proceeds for building tracks or to make the lands security for borrowing con struction money. This view is sus tained by the fact that the even-numbered sections retained by the Govern ment, adjoining the railroad odd-numbered section, were sold by the Interior Department to settlers for not less than 12.60 an acre this being required in the same acts that gave lands to the railroad. At this point the opinion of Land Commissioner Ral linger may be re peated. On March 19, he wrote to Rep resentative in Congress W C. Hawley a letter containing the following: "The company is therefore without authority to sell these lands to any other person (than actual settlers) In any other amount (larger than 160 acres) or for a greater price (than 2.50 an acre) than that prescribed in the proviso and any conveyance which the company has attempted to make on a sale made in violation of this statute would not be sustained by the courts." On the side of the railroad, deci sions of the Supreme Court of the United States are cited, to bear out the contention that the land grant acts gave absolute title to the railroad. There are a number of decision of this sort growing out of iang grant acts. In the case of the Leavenworth, Law rence & Galveston Railroad vs. United States, 92, V. S. 741. it is held that the words "Be it enacted, etc., that there be and hereby is granted." as con . tained In the numerous land grant acts. (Including those for the railroad lands In Oregon) "are words of abso lute donation and Import a grant in praesenti. And in the case of South ern Pacific vs. Orton, in the United States Circuit Court for California, Justice Sawyer In 1S79, in passing on acts which granted lands to the Central Pacific and reserved the rights of actual settlers, declared Actual Settlers Defined. "T do not think that the saving clause (as to actual settlors) was in tended to refer to any other settlers than those who were actual settlers before and at the time of the filing of the plat (route of the railroad. Those settling subsequently could have "no rights. So far as the rights of the .Vnited States are concerned, the words In the act of Congress, "thereby and hereby is granted, are words of pres ent grant and pass the title out of the United States at least the equitable title only to be defeated by failure to perform the conditions subsequent. The right to so much land rested at the date of the passage of the act and attached to the specific land at the mo ment of filing the plat as provided In the act. "As the defendant (Orton) entered .upon these lands after the filing of itbe plat and the statutory withdrawal. 'he was a naked trespasser, without right and without the ability to ac quire any right from that tlr.j to tho present, whether the grantee in the act had the capacity to acquire any right or not.'' While the acts granting lands to the Central Pacific are not wholly like those granting lands in Oregon to rhe Oregon Central and the Oregon & Cali fornia, tbey are quit similar. In Cali fornia there was no IJ.50 proviso. If the railroad can succeed in maintain ing that this proviso applies only to settlers actually living on the lands when the railroad came in possession, of course, now It is inoperative. Opinions of State Courts. State Court decisions agree that an scrtual settler la one who has estab lished a home on the land In question and lives there. A person who takes possession of land, improves and farms Jt butt does not live on it. is not an actual settler. The Supremo Court of California, in Gavitt vs. Mohr. 6 CaU S0. in interpreting the clause of the State Constitution which says thet or cultivation shall be granted on Too Many Woolens for This Time of Year That's Why ! Just Our Usual REDUCTION SALE to Reduce Stocks for our Semi-Annual Stocktaking - Satisfaction Guaranteed In All "Casei. Garments to Order In a. Day If Required. Full Dress and Tuxedo Suits a Specialty. WILLI AMJ ERR E MST SNS. 108 Third Street to actual settlers, declares the follow ing:: "An actual settler upon land belong ing to the state is one who establishes himself upon the land or Axes his resi dence upon it to take possession for his exclusive occupancy and use, with a view to acquire title to it by pur chase from the state. For that pur pose an actual entry upon land be longing to the state, followed by mak ing improvements upon it, or building a house thereon In which to reside, and occupation of the land while doing such acts, are evidence of such a set tlement as gives to the occupant, if he possess the qualifications prescribed by law, an inchoate right to purchase the land and operates as natlce to all the world of the right." t The same rule has been laid down by the Supreme Court of Texas, in a number of opinions. The constitution of that state says: "Actual settlers residing on such lands (county school lands) shall be protected in the prior right of purchasing the same, to the extent of their setlcment, not to exceed IfiO acres, at the price fixed by said court." SELECTING NEW TEACHERS BOARD OF EDUCATION AT WORK FILLING VACANCIES. More Than 20 Dismissals and Resig nations of Instructors in Public Schools. After being la session the greater -part of yesterday morning and afternoon, the Board of Education adjourned last night with the list of new teachers for the pub lic schools only partly completed. Teach ers for the grammar graces were in chosen, but the Board adjourned before taking up the election of principals, post poning that work until tomorrow night. Never before has it taken the Board so long to fill the positions in the local schools, a condition due to the large num ber of changes being made this year. The whole system is receiving a close re view, and unusual care is being exercised In supplying the vacancies. Several weeks ago a -number of teachers were notified that their services would not be required next year, and th Board is now Ailing their places, as well as supplying the places of those who have resigned. In all, more than 20 or the old teachers will be missing when school opens next year. Some of these have been dropped by the Board and others have resigned. In addition many transfers are being made from one school to another in an effort to secure the best possible results. It was expected by the directors them selves that the entire corps of teachers would be elected yesterday, but when night cam the task was far from com pletion. There was considerable discus sion and it is understood that in several cases the Board found it hard to reach an agreement, although, as usual, the directors held the election behind closed doors, keeping the proceedings from the public. "When adjournment was taken the Board was Just ready to begin the election of principals. It is known that the heads of several of the schools were advised sev eral weeks ago that their resignations were desired. Just who they are will not he known until the results of the election are announced. It is believed the selec tion of principals will be an even more difficult task for the Board than was the choice of grammar-grade teachers. The election of teachers will be com pleted tomorrow night, when the directors will meet at the City Hall to receive the returns from the vote cast for the elec tion of a School Director. The election is for the purpose of Ailing the vacancy caused by the expiration of the term of office of Chairman Beach. Mr. Beach is a candidate for re-election, and so far as is known he has the field to himself. No one else has announced his candidacy, and unless a dark horse should appear to morrow, little interest will be taken in the vote as the election of Mr. Beach will be a certainty. DROP ARMAMENT QUESTION America Will Not Raise It and Eu rope Opposes It. WASHINGTON. June 15. It can be stated on authority that the American delegates to The Hague conference will not bring up for discussion the question of limitation of armaments. That matter Is regarded as a purely European question at present and as the result of another year's work by Professor De Martens, at the various Capitals of Europe, has been to thresh out pretty thoroughly the whole matter, and make evident the fact that at least four of the great powers are averse to the consideration of the disarmament question, the Washington Government re gards itself as relieved from the necessity of bringing this matter to the fore. It is the opinion here, also, that the subject of limitation of armament will not now be broached by any of the powers represented at The Hague conference. raOTO FOST CARDS BCXNERT. Elni Co,Fl.obty. Imperial Hotel. vmmMBm mm mm AN UNUSUAL DRAPERY SALE-A CLEARANCE SELLING OF DRAPING MATERIALS AND CURTAIN GOODS, UPHOLSTERY FABRICS, LACE CURTAINS Commencing tomorrow and for a few days only, our sixth-floor department offers sale values extraor dinary in a special clearance of upholstery goods and drapery materials. Desirable effects in laces, nets and muslins for window-hangings, bedspreads, dresser-mats, etc. Also several hundred pairs of Lace Curtains, consisting of hand-made Cluny, Arabian, Renaissance, Brussels, Irish Point, Scotch Nets, and Novelty Art Laces the quantities of each being limited to a few pairs of each pattern, although enough to meet the requirements of the average home, where the demand is for one, two or three pairs. The economical will realize the opportunity for renewing the draperies and furniture coverings at this time. CURTAIN DRAPERY AND UPHOLSTERY MATERIALS. Drapery 50-in. Roman Stripe and values; per yard . . 50-in. Drapery and Upholstery Goods, in short lengths of from Vfa yards to 6 yards; regular values, $1.25, $1.50 and $1.75; per yard 50 Full-size white or ecru tint Laces, in quantities of each pattern 2 to 6 pairs alike, regular $1.75, $2.00 and $2.25 values; your choice of 6 patterns at, per pair . Sjsl.OO 7 patterns of Cluny and hand-made Tape and Lace Arabian Curtains, 3 to 7 pairs of each pattern, regular $4.75, $5.00, $5.50 and $6.00 values ; per pair $3.00 36-in. white Swiss, 15c values, in dots and stripes; per yard 10 36-in. figured Swiss, 20c values, in pink, blue and green; per yard. . 10 36-in. Silkolines, 15c values, in all col ors ; per yard 10? Materials, 50c 25 36-in. imported Swiss, 25c values, in dots and figures; per yard 15 36-in. fancy Cretonnes, 25c values, in all colors; per yard 15 36-in. Scrim, 25c values, in white or ecru; per yard 15 50-in. Upholstery and Drapery Materials, consisting of pieces in from 1 to 9-yard lengths ; enure quan tities in each to be sold entire; regular $1.50, $1.75, $2.00 and $2.50 values; per yard 75 50-in. Upholstery and Drapery Materials, regular $2.00, $2.25, $2.50 and $3.00 values; yard.$1.00 LACE CURTAINS. 5 choice new Lace Patterns in Cluny, antique, scrim, Renaissance and Arabian lace; regular $7.50, $8.50, $9.00 and $10.00 values; per pair..$4.50 8 patterns in Lace Curtains," mostly Arabian, regu lar $8.50, $10.00 and $12.50 values; pair. ..$6.00 4 patterns in Cluny and Arabian Laces, white and Arabian tints, regular $15.00, $18.00 and $20.00 values ; per pair , $10.00 4 5-in. Madras and Muslin, in all colors, 50c values; per yard 25 36-in. Art Ticking and Cretonnes, 40o values, all colors; per yard 25J 50-in. fancy Nets, in white or Arabian colors, 45c values; per yard 25 50-in. Silks, in shadow effects and cross-stripes, $1.50 to $3.00 values; per yard $1.00 50-in. Scotch Madras, in small quantities of each pattern; regular $1.00, $1.25 and $1.35 values; per yard 50 6 patterns of very fine hand-made Lace Curtains, regular $22.50, $25.00 and $27.50 values; per pair $15.0 ODD PAIRS AT ONE-HALF VALUE AND LESS. Our entire stock of one-pair lots of Lace Curtains to close out at unusual clearance prices. WINDOW SHADE BAR GAINS IN EXCHANGE DEPARTMENT This special lot, comprising an assortment of colors in shades slightly soiled through use and handling; best opaque cloth and rollers. 26-in. to 29-in., each . .15 30-in. to 32-in., each 20 34-in. to 36-in., each 25 JARDINIERE SPECIALS Tomorrow only in the Basement Department Highly-glazed Jardinieres in art patterns; rich brown colorings; hand-decorated designs. 75c values; each 50 $1.50 values; each 95 $1.75 values;- each , $1.15 $1.90 values; each ... $1.20 $2.00 values; each $1.35 $2.25 values; each 1.50 $2.35 values; each MM...M.....,..$1.55 $2.50 values; each ... . .$1.75 ?2.75 values; each ... .$1.85 $3.75 values; each $2.50. Arm Rocker Special $6.50 Exceptionally good value in this splen did Mission Rocker. Solid oak, weathered finish, seat and back upholstered in Span ish leather. A piece that sells readily at the regular Belling value of $10. See these in our Morrison-street window. DR. PERKINS' SANITARY REFRIGERATORS "NEW PROCESS" GAS RANGES BASEMENT DEPARTMENT MAIL ORDERS WILL BE GIVEN OUR CAREFUL AND PROMPT ATTENTION r ii i YOUR CREDIT IS GOOD 3COMPLETEHOU5E-FURni5JtER5 ( 'make yourI own terms) FURNITURE REPAIR'G REFINISHING AND RE-UPHOLSTERING OLD PIECES MADE LIKE NEW. PHOT EX. 84. Pacific University Students Stage "Bridge of the Gods" k top i r I .. s,r . s . .. i ' i.......-;r:..-i .... y.f s ... . Chief Multnamah. PUyrd bj 8. B. Lawrence. i i Fv-y- -" --' f- A :t-;:-viru:'..x..i.;::t, Wallulab W. E. Heldel) and Snoqaalmie (G. A. Clapp). IT WAS a well-fllled and cordial house that greeted the production of 'The Bridge of the Gods" at The Heilig-, given by the Junior students of the Paclflo Uni versity, last night. Many friends of the students who were in the cast were on hand, and each member was accorded a personal ovation. Aside from this ap plause, however, several of the players scored solely on their own merits, and this was particularly true in the case of Miss W. EL Heidel. whose handling? of the role of Wailula, dauchter of the pow erful chief, showed her to he possessed of histrionic talents that would Insure her no mean share of laurels should she take up the stage professionally. In ad dition to her beauty and attractive per sonality, she has a splendid, well-modulated, sympathetic voice, and puts into her acting the spirit and warmth that characterize the interpretations of suc cessful professional actresses. W. H. Gwynn, in the part of Choppon lsh, the rebellious chief who has been made prisoner, handled his role most ac ceptably, and In his defiant speech to the council which was about to vote him to death at he stake he read his lines with dramatic fire and feeling;. H. H. Arnston, as the white missionary, gave a pleas ing: portrayal of the character, and E. M. Silverman, as Tohomisb, the Indian seer, came in for several well-deserved bursts of applause. The remaining- members ot the cast did good work, also, and the piece went smoothly from the rise of the curtain to its final drop. The play was well staged, and the cos tumes were particularly effective, espe cially the fine Indian head-dresses and blankets. In the big council scene the ensemble of blankets, head-dresses and other Items of costuming was especially striking. "The Bridge of the Gods" is a fine story of Indian life In early Oregon,, but as it has been dramatized by Professor Orr, Is not appealing. The swing and action so marked in the story and so essential to a stirring play are lacking in ProfeBsor Orr's dramatization. The cast follows: Multnomah, chief the Wlllamettes, S. B. Lawrence; Tohomish, a seer, E. M. Silverman; Tlesco. a Willamette chief, R, A. Imlay; Mishlah, a Willamette chief and Bannock runner. C. I. Mason; Tla wauwau, a Willamette chief and Sho shone renegade, G. A. Clapp; Snoqualmle, chief of the Cayuses, and Kamyah, a Willamette chief. X. I. Aller: Cecil Gray, a. white missionary. H. H. Arntson; Wai lula. daughter of Multnomah, Miss W. B. Heidel; Cayuse squaw. Miss V. B. Clapp; Chopponlsh prisoner, W. R Gwynn; chiefs. A. A. Kirkwood, C. A. Alien, J. R. Ward. W. B. Jensen, D. A. Mobley, A. C. Allen. L. Li. Hope, A. Robinson, A. A. Wagner. E. S. Payne. L. Lv Gardner, B. H. Reeher. A. F. Child, D. C. Brown; runners; F. L. Markel, C. P. Koch, V. R. Abraham, R. I. Abraham, G. Lw Brled well. The synopsis follows: 1 Act 1 Scene 1. "Before Multnomah's Throne." Council grove of the Wlllam ettes on Wappatto Island. Scene 2, "Wai lula." In the wood on Wappatto Island. Act 2 Scene 1. "The Broken Peace Pipe." Cayuse camp on the prairie east of the mountains. Scene 2, "The Coming of the Pawn." Same as act 1. scene 2. Scene 3, "The Trial." Same as act 1, scene 1. Act 3 Scene 1, "The Twilight Tale." Same as act 1, scene 2. Scene 2, "The Hand of the Great Spirit." Same as act 1, scene 1. Act 4 Scene 1, "At the Cascades." On the trail beside the Wauna. Scene 2, "A Prophecy Fulfilled." Same as act 1, scene 1. Time, about 1700 A.1 T. Mrs. Shaw Elected Principal. Mrs. Amelia C. Shaw, principal of the East Side school at Oregon City, was elected principal of the Mllwaukle school at the meeting of the directors Friday night. She was present and accepted. Mrs. Mildred Kisert, who has been tem porarily acting as principal, declined to accept the place. Mrs. haw is considered a high-grade teacher and the director are pleased with their choice. The other teachers all were re-elected. Every Inch fit the human skin contains 85no pernptration pores. Stores for Rent Stores in the "Wilson building on Burnside street, occupy ing the entire block between Fourth and Fifth. Con . structed of concrete, with cement basements. Hotel for Rent Corner of Twelfth and Marshall ; 170 rooms ; 5-year lease ; a modern building in good business center. Rooming House for Sale Corner Front and Madison; 170 rooms, furnished with fine furniture, carpets, etc. Will trade for city or country property. House is doing fine business. Butcher Shop for Rent Fine location for butcher shop at Front and Gibbs streets. Store is fitted for that purpose. Good opening for a wide- awake butcher. . Apply to Gevurtz & Sons 173-175 First Street