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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Jan. 2, 1910)
( 10 TJTE S"USIAY OREGOMAX, PORTLAND, JANUARY 2, 1910. OTHER SIDE TOLD l SILETZ DISPUTE Scobey Says Original Claim ants Lose After Fair Hear ing on Law. DID NOT RESIDE ON CLAIMS l.eailer In Asitaioti for Relief Said to Have Lived on Farm in Valley AYheu LaJ Heiircil 1 Tonics on Homesteads. fOUTLAXU. Jan. 1. ( Tu the Editor.) I have; read many articles' In The Ore gonlan recently conccr-nins the situa tion in th: Sllrs wsch - refe-rem-e - tv what have bet n tarmed the- original homesteaders and the present squatters:. I notice that the matter culminated in a. meeting hi Id at Dallas o.i the even ing ot Doeembcf ;s. 1009, at whlei meeting: it was decided tiiat Mr. Oswald West, erne of the railroad i-omminslon-rrs for the State of Oregon, should so to Washington. 1 . C, to present the homesteaders' side of the case to the Congress of the L'liitnd Slates and as Him if. an effort which is now being1 made to secure n act of Congress con firming the homesteaders' entries whicn iiave been contented by private individ uals or by the Government on the ground of noii-complian-e with the homestead law by tho: original home steaders. In all of the articles that have ap peared in the press, statements have been freely made that these homestead ers fully complied with the law and that the. effort now heirs' made to se cure the cancellation of their entries is in violation of the rights guaranteed to the.m under their entries and under the law and regulations relating there to. It seems remarkable, if these homesteaders complied with the law under which they made their entries, that it is necessary for Congress to pass a special Met applicable to their case only to confirm their entries, when the law vests in the General Land Office and the Secretary of the Interior ample authority to pa their final proof to patent and cause patent to be Issued provided they complied with the re quirements of the homestead law. Land Ort'iee Will Observe Law. I do not think any reasonable person, except those selfishly interested, will for a moment think that the. jrentlernen charged with the duties of the Commis sioner of the Oeneral Land Office and the. Secretary of the Interior will vio late their oaths of office and fail In the discharge of their duties in respect to these homestead entries any more than they will with regard to any other en tries made In any part of the United States. In other words, it is impos sible that these officers should have any especial or particular feeling of prejudice against anyone of the origi nal homestead entrymen in the Silets district. The only question that enters Into this proposition, or should enter into it. is, did the entrymen comply with the law In regard to their homestead entries? If they did, they should be entitled to a patent, and if they did not they are not entitled to their patent and their proofs should be rejected. They are not entitled to any more con sideration than homestea.ders in any other of the 'public land states. The local land office, the Ocneral Land Office and the Secrete ry of the Interior are charged with Vic duty of examin ing into and p.iswins; upon the suffi ciency of all these proofs. They havo done so in these cases anil have found what -seems to them to be ample ground for withholding patents and in many cases have gotie to the extent of orderiti:: hearings and Riving the entrymen 'an opportunity to come in with witnesses and show wherein and how they have complied witii the law. In practically all of these cases the Government has held against the entry men on the ground that the proofs pre sented by tlfem failed to show that they had complied in any way with the letter or spirit of the homestead law. Opinion l-'ormrd Without Knowledge I do not pretend to pas .judgment upon any man's ca.-e where 1 have not heard or read the trimniiy. although I ob3erve I hero are some people who are willing to swear the enuymeir all complied with the law, irrespective of whether or not in pafing such .ludirmnt they ever ex-antm-.l one word of the testimony in re i;ard to these entries, j have b-;:en em ploy 'd as attorney in some of th- con te.,s again. the homestead entries and in these cases T think I have a full timlcr.t;mling of the situation. 1 observe in the report of the proceed -itiSK of the meeting held tit Dallas that L. M. Gilbert, of . SaJem. delivered him self of an address in which he eaUi: "We must demand our rights under the Constitution and refuse longer to be made the scapegoats of the Oregon land frauds. I Relieve that every homesteader present feelf" convinced that he has a better right to his homeetead than any other living iwrsou and I propose that we pull together and . insist upon our right."." Says Uilbert lid Not Live ou Claim. Air. Gilbert made homestead ewtry in ltwi and submitted final proof In 190. Ills entry was not contested bv the Gov ernment, but his proof was not approved by the local land officers for the reason That it did not eltow a compliance with the law. Pending this suspension, a con test was entered against the entry by a privato Individual. Now. contest? of this character are authorized by the law and are held under rules anil regulations pro mulgated by the Department of the In terior. Vniler this content a lieuring wait hclil before the register and receiver of the lVirtland Land Offiee. Mr. Gilbert was duly notified and nppeared In per son and by his attorneys, one of lle prominent legal firm of the City of Portland, and in s-upport of .hi.? entry sub mitted his own evidence and that of six oilier witnesses. The testimony In his caee tvvers 2TC pages of typewritten matter. His case was elaborately argued in briefs tiled. Upon the testimony sub mitted the local land officers found that Mr. Gilbert did not comply with the law anil recommended the cancellation of lil entry. Right of appeal in these case? is not denied. An uppeal lie to the Commissioner of the General Land Office and from him to the Secretary of the In terior. Mr. Gilbert availed himself ot his rinht of appeal, but the Commissioner of the General Land Office upon a review of the ca.-e affirmed the decision of the register and receiver and directed a ran isolation of his entry. Mr. Oilbert fur ther availed himself of the right of ap peal to7 the Secretary of the Interior, wltere his case i now pending. Courts Still Open to Him. It seems to me that Mr. Gilbert has been accorded all of the rights that any other American citizen dealing in public lands M entitled to under tile constitu tion and the laws of this country, and if he had compiled with the law it is certain that hie rights would be protected by the various tribunals to which his case has been submitted. If he has not complied with the law, he certainly should not be entitled to the fceneflt of a special act of Congress confirming his entry, and this is especially true inasmuch as the contestant against this entry has expended a large sum of money in pay ing . witnesses, costs and attorney fees in producing the evidence upon which the Government officers are acting in this matter. This contestant was invited by the law and the regulations of the De partment, if he believed Mr. Gilbert had not complied with the law. to enter this contest and at bis own expanse produce this testimony and as a reward the law says to him, "if upon the evi dence submitted this entry Is cancelled you shall be entitled to a preference ight of entry of the tract of land in volved." Mow. a :osing litigant in a court might with just as much justice ask the Leg islature of Oregon or the Congress of the United States to step In and paa a law declaring that his case was right and he should have judgment asainst his opponent, notwithstanding the courts to which the cause had been submitted had declared upon the evidence that he was in the wrong and not entitled to judgment. In Mr. Gilbert's case his own testimony showed that during all the time between ihe date of his entry and the date of hie final proof lie resided on his orchard firm near Salem with his fa.mily and that his family was not on their home stead to exceed two weeks prior to final p:-oo. Mr. Gilbei t only paid oceasiona.1 visits to his homestead. Actual Resilience Itcquircil. The law opening the Siletz Reserva tion to entry provided that the entrymen would be permitted to make final proof after three years of "actual residence' on the land, and that such residence should be established by the evidence re quired in homestead proofs. Such resi ilenct" and the improvements incident thereto are a necessary prerequisite to title and patent. The homestead act was passed for the purpose of opening the public domain to those persons who desired to enter upon the public lands for the purpose of securing for them selves actual homes. It was not intended that those hands or any other of the. public lands of the United States should be entered by .those who were maintain ing hemes and residences elsewhere for the mere purpose of permitting them to secure an extra piece of the public domain. Mr. Gilbert, when he made hi home stead entry, was required to make an affidavit- in which he solemnly swore as follows: "My application Is honestly j?.nd in good faith made for the purpose of actual settlement and cultivation and not for the benefit of any other person, persons or corporation and that I will faithfully and honestly endeavor to comply with all the requirements of law as to settle ment, residence and cultivation ncces Nsry to acquire title to the land ap plied for. . . . That I do not apply to enter the same for tbe purpose of speculation, but in good faith to obtain a home for myself." Gilbert's Home Near Salem. Mr. Gilbert has never had any other home since he came to the State of Oregon than the one now occupied by him on his farm near Salem, and 3dnee ho made final proof he has never been trpon the land covered by his homestead entry with the exception of two or three occasional visits thereto. The testimony is convincing that he never took the land for the purpose of making a home there on for himself and his family and there can be no doubt whatever but that his sole and only purpose was to secure this tract of land under the homestead law without compensation to the Government for the purpose of securing the valuable timber growing upon the tract. Ilol'verson Not Actual Resident. The case of Thomas Holverson, who, it has been reported through the press, was desirious of raising an army of invasion for the purpose of dispossess ing the so-called squatters who have gone upon these claims which the Gov ernment has held for cancellation for the purpose of securing the initial right of entry when the cancellation occurs, is not dissimilar to the case of Mr. Gilbert. Tlis,wn affidavit, given in support of his final proofs, shows that ho did not occupy his homestead to exceed io days prior to making his final., proof. He was a merchant all the time in tii City of Salem. His home was at Salem and upon the trial of bis case before the local land officers, although represented by an attorney and producing several witnesses in "his behalf, be himself failed to go upon the stand and testify in -support of bis entry, although he was. personally pres ent during the entire trial. The testi mony in his case showed , that what he claimed to "-be his house upon his homestead was nothing but a few logs piled up a height of about four feet, without floor or window. These are the cases of some of Ihe men who are making all this outcry about being deprived of their "consti tutional r'shts" and bedng made the senregoats of the Oregon land frauds. These are the men who made the Ore gon land fraud cases possible. Xot only is the entire machinery of the Interior Dfiiartment open to these alleged homesteaders to secure their constitu tional rights, but they have access to the courts of the Government and to the state courts. In some instances, having discovered that the Interior De partment will probably denythem their entries, proceedings have been com menced In court, but up to this dato the courts have refueed to give them any relief, and as a last resort they now appeal to Congress to do for them that which would not be required iu the case of any entryman who in good faith complied with the law prior to making his final proof. Oswald West Given Rap. It appears that the agent employed to carry this request to Congress and to assist in securing the passage of an act to relieve these homesteaders from the result of their negligence and fraud Is Oswald West, a Railroad Com missioner of this state, who Is being paid by the public to attend to tbe du ties of that office and. so far as we are advised, there is plenty of work for htm to do in attending to the business intrusted to him by the peo ple of this state. He is not being paid to interfere In matters that do not concern his office and which are being litigated before those tribunals which have been established by the Consti tution and laws of this Government. These matters should be left to those tribunals and at this time no act can be passed by Congress which' will not work a great injustice upon those who are litigating these claims under the sanction of the law and the regula tions of the Department, and. with my familiarity with these matters, I do not hesitate to say that any represen tative of the people in Congress from this state who requests or assists in the passage of an act such as is pro posed for the purpose of validating these illegal and fraudulent entries will be going far outside of his duty as a Congressman and will himself become p&rticeps criminis in some of the much discussed Oregon land frauds. I do not expect to hear that our Senators and Representatives are engaged in any mich nefarious work. J. O B. SCOpEV. Since itm introduction from AmvR-4i tli chisgar ha spread far and vcjde aloug the v! ca.i : Atvii-a nd t now a sreatly HAWLEY IS FRIEND Has Bill Pending to Aid Bona Fide Siletz Settlers. WOULD LET PATENTS ISSUE Relief to 0 Settlers Wlioae Kntries Are Adversely Affected by Ruling ot Assistant Secretary Pierce Ts Included in Measure. OREGO.VIAX NEWS BL'RKAL'. Wash ington, Jan. 1. Representative Haw ley's pending bill, drawn in behalf of bona fide settlers upon Siletz reser vation lands, if passed by Congress, will direct the issuance of patents to about 110 settlers whose iinal proof has long, been held up in the Interior Department. This will include some 70 settlers whose entries were adverse ly affected by a recent ruling of As sistant Secretary Pierce. Ilawley's bill provides "that all pending Siletz homestead entries here tofore made, upon which proofs were made prior to December 81, 190G. shall be passed to- patent In all cases where it shall aiipear to the satisfaction of the Secretary of the Interior that en try was made'for the exclusive use and benefit of the erjtryman and that the entryman built a house on the land entered and otherwise improved the same, and actually entered into occu pation thereof and cultivated a portion of said land for the period required by law, and that the land entered has not been sold nor conveyed nor contract ted to be sold or conveyed by the en tryman. anil where no contest or other adverse proceeding was commenced against the entry, and notice thereof served upon the entryman, prior to the date of submission of proof thereon, or within two years thereafter." The Pierce decision is most effective in that It contemplates the cancella tion of all Siletz entries when three years' actual and continuous residence is not proven. Hawley says he will make a strong fight to. secure, ihe passage of this -bill, whether it is indorsed by the depart ment or not. He says it is equitahle and intended to rele-e only worthy settlers who have shown good faith. BENNETT'S EYES P0IS6NED Judge. Afrected by Contact VVitli Vine. Delays Return to Court. Word was received by Judge Langguth last night that Judge Bennett, of the Municipal Court, who has been visiting relatives in Southern Oregon, is ill iu Hoseburg. and will be unable to return to take up his duties tomorrow, as he had planned. Judge Bennett is said to have contract poison from a poisonous vine, probably poison oak, and to suffer from the infec tion of his eyes. Reports indicate that his condition Is serious. Owing to the fact that Judge Langguth will have to be sworn in again, the Municipal Court will not open until 10 o'clock tomorrow morning. A THIRY-DOLLAR COUPON To ascertain bow carefully this paper Is read, a thirty-dollar advertising test certificate is published on page 11. first section, this Orespnlan. It is worth S30; look it up. The Annoyance . of Flatulence Many People Are Annoyed With Gas In The Stomach and Intestines. A Trial Package of Miisirfs t hairoal Lwrogei Sent free. Flatulence is due to the presence of gas in the stomach and Intestines, which often rolls about, producing ' borborygmi. or rumbling noises in the intestinal system, and causes the vic j tim of this trouble considerable em i barrassment, when such noises occur while In company. An analysis of gas from the stomach shows that it consists to a great ex tent of nitrogen and carbonic acid, ft is therefore probable that some of tbe gas In the Ftomach consists simply of air which has been swallowed, al though for the most part, tbe source of flatulence is. the gas given off from tbe food In the abnormal processes of de composition. In cases 'of 'chronic gastric " ca tarrh, the secretion of gastric juice in the stomach Is deficient, the food is di gested slovly, and fermentation oc curs with the evolution of gas. Swallowed air, however, plays a more important part in causing flatulence, or gas in the stomach and intestines than is generally supposed, and while food may be swallowed without carrying air into the stomach with it, fluids, es pecially those of . a tenacious charac ter, such as pea-soup, appear to carry down a great deal. Flatulent distension of the intestines occurs when a large amount of gas or air, either swallowed or evolved from the decomposition of food, escapes from the stomach into the Intestines through the pylorus. The enormous distension of the intestines and dilation of the stomach with gases: and the rapidity wth which such flatulence occurs, has long been a puzzle to medical men, and has led some to think that the only possible explanation thereof, is a rapid evolution of gas from the blood. In the treatment of gas in the stom ach and intestines, charcoal is consid ered by most physicians 9s the leading snd most effective remMr. .Carmina tives, or medicines, sacti r! pepper mint, cardamom, sodium bicarb, etc.. which expel the gas from the stomach in large volumes through the mouth, are resorted to by some people, but their use Is disagreeable, and the fre quent expulsion of gas through the mouth, most annoying, and after tak ing a remedy of this kind, one is com pelled to remain out of company the rest of the day, on aivount of the con tinued belching of air. STUART'S CHARCOAL LOZENGES do away with the necessity of under going the disagreeable experience of belching or expelling stomach gases, through the mouth, by completely ab sorbing every particle of u or swal lowed air In the stomach, and also in the intestinal system, which" prevents colic, and over-distension with accumu lated air. These wonderful losenges should be used tor all cases of flatulence and de composition of food in the stomach, as well as for bad breath resulting from catarrh, decayed teeth, or stomach trouble. Purchase a box at once from your druggist for 'JZ cents, and send us your name and address for free sample. Ad dress P. A. Stuart Company, 'jttn Stuart Bullding, Marshall, Mich, ESTABLISHED 1901 THE SMALL STCRE We have been in business nine years and this is the first clearance sale we have ever had. We are overcrowded in certain departments and we intend moving the goods if we have to give them away. Never in the history of our business have we offered such big bargains as we will during this sale. Look these prices over carefully. They will show you that we mean business. Ladies' 20-yeai-Gold Filled Watch only $11.00 Regular price $15.00 to $16.00. Our Entire Line of Swiss Watches to Be Closed Oat at Half Regular Price - EVERY SWISS WATCH IN THE HOUSE MUST BE SOLD, a3 we intend to stop handling them. About 100 ladies' g)ld, silver and filled watches at less than cost while they last, so come early. Gentlemen's Swiss Watches at half ther regular prices. Ladies' Combs Solid Gold ij?9.00 for solid gold mounted Combs regular value $12.00. $13.50 for solid gold mounted Combs, $375 for gold filled Combs, regular h regular value $16.50. value $6.00. Opera Glasses, in pearl, $4.50; regular $8.50 values. Every Opera Glass marked way down. OUR SOLID This,will give you a chance to get a supply of plated ware at a small cost. $27.50 four-piece Tea Set, extra fine, $3.75 Cloisonne Vases, regular prices regular price $35.00. $5.00 to $6.00. $10.00 four-piece Tea Set, regular $3.75 Whisk v Flasks, regular prices. price $12.50. " $5.00 to $6)0. $15.00 Cordial Sets, 7 pieces, regular prices, $20.00. - . Silver Comports, Bon Bon Dishes, Almond Dishes, Mayonnaise Sets, Water Sets, Silver Deposit Ware. All kinds of solid silver and silver plated Novelties at greatly reduced prices. 25 to 75 Per Cent Off on All Our Leather Goods, Ebony Brushes, Sets and Toilet Articles 'Military Brushes, $1.75 to $5.00; regular values $2.50 to $7.50. OUR CLOCK DEPARTMENT 10 to 50 Per Cent Off. linportetrXovt'Ities in Clocks, direct from Switzerland. France and Her-, many. Hall, Kitchen. Bedroom and Parlor Clocks. CUT GLASS DEPARTMENT Oiir prices iu this department will show you tbjst we mean business. All of the very latest patterns included. Berry Bowls, from S-t.OO up Nappies, from $1.00 up. - 20 Cents JAEGER BROS.' SPECIAL MAKE SILVER POLISH "Will make your old silverware look like new. 'Contains no acid. All of our goods marked in plain figures. THE LARGE JEWELRY STORE PETTY THIEVES AT WORK C lot hi ng Ka uiicked . a n l Bicycle Stolen by Would-lie Bnrglars. Xow Year's day and the traxIHions which go with it apparently did not have any great influence over the actions or ihe petty criminal clr.ss. its tbe renorts of the police of yesterday Hhowcd the ,,i"nbtr of minor oifen-ses. Chris Sanderson, of 232 First street, reported u.Ui nicies had entered hb room and made off with clothing: valued at $50. O. V. Averill entered the Oregon Hotel ' grill to dine and while he was eating a sneak thief took his overcoat from the clothes rack. Thieves also entered the new buildiner in courFe of construction at Seventh and Alder streets and Mole a gold watch from the pocket of J. C. .Dirk, ot L'OO Cherry street. Dirk hd hune his vest cn the wail. AV. S. McMannus of IS rsl-Cl iir ri c 3ur Watch Department 25 to 75 Per Cent Off Ijadies' Elgin or Waltham liO-year- gold filW watch, only $11.00. Regular price 8s 16. 00 to $18.00. With full jeweled movement, $13.50. Regular price $17.00 to .fJO.OO. iG-entleman's 20-Year Elgin or Waltham, open face, 16 size, $11. OO; regular price $1-3.00 to $16.00. Hunting case, $12.50; regular price $16.50 to '$20.00. Open face, 18 size, 20-year filled, with Elgin or Waltham works, $10.00; $3.0O to $4.00 for gold filled Combs, values up to $8.00. OUR JEWELRY DEPARTMENT ' Here You Can Find the Best Values Ever Offered in Portland 100 gold filled Fobs. $1.50 each, values up to"$5.00. Snake Bracelets, gold filled, $0.75; values up to $13.50. . Kbony Toilet Cases $4.50 to $7.50; regular prices $11.00 to $12.00. Novel tv Bracelets. $4.50; values up to $10. Cold filled Chain Bracelets, $3.50 to $5.00; values up to $8.50. SILVER and SILVER PLATED Fifteenth street. Xorth. was visited by thieves who. not being able to get into the lioup, stole a bicycle which hid been left standing in front. Suffragists Taking Informal Vote. BRISTOL, Wash., Jan. 1. To ascer tain the sentiment of voters of Ivlie tat County on the suffrage question. which will be an issue at the general e!-elion in th is state next November, Ce AVushington Woman's fc'uffrage As- ; sociaiion, through Mrs. Jennie Je wett, ' of While Salmon, chairman for tnis county. is taking a straw ballot, i Printed postal cards and circulars are being sent out by hundreds, and re- i cipients are asked only to give their names and addresses and to scratch' out the words "yes" or "no" on the cards and ma.il them, as the associa tion 'may have an indication of prefer ences upon which to lase future cal culations. Tii-r are now .4At niPml.r don Stock ExchaniB f the L.m- earance Sale regular price $15.00. to $16.00: with lo-.jewel movement, $11.5.0. $5.00 for solid silver watch, American move ment, regular price $-9.00. $5.50, 20-year gold filled watch. American works, regular price $10.00 to $12.-50. Boys' Nickel Watches, $2.25; regular price $1.50. We have too many Watches to quote prices on them all. Watch our windows for bargains. and Gold Filled $1S.OO solid gold, with 3 full cut dia monds, regular value $25.00. Collar Supporters, 35; values up to $1.00. Belt Buckles and Pins, in silver and gold . filled, $1.50 to $3.50; values to $6.50. Belt Buckles in Novelties, $1.00 each; val ues up to $3.50. Silver Mesh Purses, $7.50 to $8.50; values up to $12.50. Plated Toilet Set, 3 pieces, $7.75; regular prices $11.00 to $12.00. Fancy gold filled Dog Collars, $2.25 to $5.50 ; values up to $10.00. Ladies' and Gentlemen's Watch Chains 25 to 50 PER CENT OFF $2.00 Ladies' long gold-filled Wah-h Chains, reg. vals. to -f'i and '$4: S4.00 Ladies' long gold-filled "Watch Chains, rog. values up to .$7.0(1. $1.50 Gents' filled Chains, regular values up to .$3.00. ' $3.50 to $4.00 Filled Chains, regular values to $7.00. $1.25 for a first-class Fountain Pen . A big bargain. Kemember, we handle only first-class goods. Kvery article warranted. f Ladies' and gentlemen's Gold and Gold-Filled Lockets, from 10 to 50 per cent off. Don't overlook our Optical Department. Our 'Opti cian is an Expert. SENATE CHIEF TO SPEAK Jay lloweiinan to Ailtlress Republi can Club 'e.t Tue.'itljiy. Jc.y Bowerman. president of the Oregon Stitte Senate. will be the . principal sI9aJter at the regular monthly meeting of the Republican Clut of Portland, to be holrl In Alisky hall, Tuesday night. Jan uary 4. The subject for discussion at this? meeLinK' "will be: "Should a coneticu tional convention be held in this state in accordance with the act relating- there to, passed by the Slate Ixsislature lait Winter?" The club will give it? annual dinner Saturday, January 2d, the anniversary of McKinley's birthday. The banquet will probably be hold at the Commercial Mrs. S. .Wade Hampton Deail. Mr. S. Wale Hamptun, a daughter of 1909 THE LARGE STORE DEP'TMENT Solid rSilver ."oml ami Brunt), yu.uO. 266 MORRISON ST. Bet. 3d and 4th V W. Espcy. of this city, died at Ta conia yesterday morning of pneumonia. Mm Hampton .was borm in Illinois Mi years ago and in 1S74 moved to Portland. For a number of years ehe was a mem ber of the Taylor-Street Methodist Church, choir and was an active member of the congregation.- She and her husband moved to Puget Sou; 15 years ago and have since resided there. Sine is eur vived by her husband, a 13-year-oM son, her . father. W. V. Espey, two brother-.. V. o. and B. K. Kspey. and a efeter, .Mrs. H. A. Meine. All but the husbaml and son live in Portland. Xewsboys Inane Challenge. The newsboys' basketball team de sires to challenge any team in the city, tte average . weight of which will be 125 pounds or less. The boys have a fast quintet, and hope to arrange a number of games. Any teams desirinsr dates are reuuested to call tu Manaerer ! i- lsher at Main --i70.