Roseburg review., January 06, 1910, Image 1

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VOL. XJI.
ItOSEUUKG, ORECJON, Till RSI1AY KVKXIXG, JANUARY 6, 1010.
No. 203.
3
r
..-
Inflicted Five Years Ago On
Charge of Conspiracy
CO-DEFENDANTS CONVICTED
i
Case Developed From Reserve Created
I While Hermann Was General
) Land Office Head
Special to The Evening Review.
PORTLAND, Or., Jan. 6. The
trial of Dinger Hermann, of Rose
burg, opened in the United States
Clrouit Court In Portland this morn
ing before Judge R. S. Bean. The
venire from which the jury will be
selected was read in open court.
The majority of the names called
are .those of residents of Muitnomuh,
Polk and Linn counties. ,
The announcement that Judge
- Bean Is presiding over Mr. Her
mann's case is received with great
satisfaction by MY. Hermann's Ruse-
burg friends, and especially by bis
sou, Atty. E. 11. Hermann, w ho states
that In ds opinion Judge Bean i
the best jualllled man, from the
standpoint of both learning and im
partiality, that could nave ueen se
lected for this trial.
Henry Agrees (o Stipulation to Save
Expense of Witnesses.
PORTLAND, Or. Kov. 6. Hostlli
5 ties wure suspended yesterday In the
;. camps of the attorneys concerned in
the trial of Binger Hermann, charged
: with being a party to a conspiracy
to defraud the United States of cer
i tain Oregon lands.
A. S. Worthington, chief counsel
.'( for the defense, called upon Francis
J. Heney In the morning and sub
's fnitted a proposition calling for the
' filing of a stipulation for the admis
sion of certain evidence from the
Jtj record adduced at the hearing of the
V came defendant In Washington,
i j At that time the defendant was
f charged with having destroyed cer-
tain records of the land office before
he retired from the ollice of Commis--'j.
siouer. The letter books which could
not be found were alleged to have
i luwl a bearing oil the conspiracy
' charge to be aired In tbe weeks
5 which follow January 10.
The books were press copies oi
the private correspondence of the
Commissioner of the General Land
Office, but It Is set, "tit that many of
the conimunicutl- were addressed
in Forest a- mtendent S. H.
Ormsby, ex " Senator P. P.
Mays, and oth '
Too C ot Expense.
Owing to t 4 great expense or
bringing witnesses from Washington
t testify to tbe same things In be
hnlf of Mr. Hermann at the ap
proaching trial. It is expected by
counsel for the defense that Mr.
Hen 111 agree to the filing of the
tint. in. The record of the
Wash . .ion case arrived yesterday
and comprised eight large packages
'of printed books.
Another reason for the stipulation
Is that wme of the witnesses wanted
ore members OI uongress uiiu cuum
not be summoned from their duties
while that body Is in session. Others
are connected with the various de
partments of the Government and
cannot well secure leaves of absence
at this time.
The rase in Detail.
The Indictment under which Bin
ger Hermann Is being tried was re
turned February IS, 1905, by the
Federal Grand Jury of Oregon, and
charges the ex-Congressman and
former Land Commissioner with con
spiracy to defraud the Government
of its public lands In connection
with the Blue Mountain forest re
serve case. Indicted with Hermann
were ex-Unltcd States Attorney
Franklin Pierce Mays and Willard
N. Jones, former members of the
State Legislature. Mays and Jones
were tried separately from Hermann,
and were convicted. Mays was sen
tenced to four months' Imprisonment
in the Multuomah county jail, nnd
to pay a fine of $10,000. while
Jones got eight months' jail sentence
and was fined J'.'Oiio. Their case is
on appeal to the United States Cir
cuit Court of Appeals.
The late Senator John H. Mitchell,
ex-Congressman J. N. Williamson
and Geo. Sorenson were also in
dicted Jointly with Hermann, and all
were convicted and sentenced. Wil
liamson's case is still pending on
appeal.
' Hermann is charged, in conjunc
tion with the other defendants, of
having entered into a conspiracy to
defraud the United States out of
S possession of several thousand acres
J i .of land In Kastern Oregon.
Te effect that conspiracy. It Is
alleged by the Government that the
defendants first proceeded to acquire
title to about 26.000 acres of state
school lands In Crook. Grant, Har
ney. Malheur. Baker, Union, Uniatil-
t la, and Wallowa counties through the
', 1 use ot illegal affidavits and appllca
! I tloni. Having obtained title to these
school lands it is contended by the j
j Government that the conspiracy con
templated the subsequent Inclusion
of such lands In the Blue Mountain
Forest Reserve. ThlB would make
possible the use of the school lands
base In exchange for valuable
timber land under the provisions of
the lieu laud act of June 4, 1897.
Way Scheme Worked.
The only way tbe school land
tracts could be- made available for
use us base in making an indemnity
selection was through their purchase
from the state by an applicant be
fore the creation of a reserve or the
Inclusion of the land so acquired in
a reserve already established.
The next step necessary was to
obtain a deed to the land from the
state and then surrender these lands
to the United States and select other
and more valuable lands Instead.
The act of June 4, 1897, was re
pealed before the Blue Mountain
Forest Reserve was finally estab
lished and this part of the scheme
of the alleged conspirators was de
feated. Subsequently, through the use of
"dummy" applications, the operators
are alleged to have riled on about
20,000 acres of these school lands
and afterwards succeeded In having
these lands added to the Blue Moun
tain Forest Reserve. The lanJs
were withdrawn on July 23rd. 1902.
At that time Hermann was Commis
sioner of the General Land Office
and It was from the fact that he
recommended the withdrawal of the
lands that he was Included in the
Indictment 'as one of the alleged con
spirators. -
Under an agreement between at
torneys for Hermann nnd Mr. Heney,
It was" stipulated that the former
should not be tiled under any Ore
gon Indictment until after bis trial
Washington, u. c. ior me ai-
loircrl destruction of 36 letter-press
copybooks belonging to the General
and Office, of which oitense ne was
admitted In April. 1907. The let
ter-books, Hermann contenueu, were
personal property, nnd therefore he
could do as he wanted with them.
Tho Government's claim was that
they contained copies of letters con
cerning the department, and conse
quently Hermann had no rigni to
burn them. Until now, no further
effort has been made to bring Her
mann to trial on any of the several
Indictments found against him for
laud frauds In this state.
OpHsiiiK Lawyers.
Francis J. Heney will personally
conduct the prosecution oi nermann.
Associated wiui uiiu wui
Slates District Attorney John Mr
Court and Tracey C. Becker, who
followed Heney in the prosecution ot
several of the land fraud cases.
Chief counsel for Hie detense is
A. S. Worthington. who uetendeu
Hermann at the Washington tnai.
His associate Is John M. Gearin, of
Portland. ex-Unltcd States Senator.
Mr. Worthington came into national
prominence as attorney for benator
Reed Smoot, ot uiau. mu
election of the Senator from uinii,
an effort was made to have the Sen
ate unseat hlin because ne is one oi
the 12 apostles of the Mormon
church.
Mr. Worthington Is a veteran of
the Civil war, left a leg on Kencsaw
Mountain when the Union troops
assailed that stronghold, and after
the war was over went to the city
of Washington and was employed In
the War Department under Secretary
Stanton. He studied law while In
that department, and has resided in
the National Capital since that date.
Have Served Their Purpose.
In all probability this case will
mark the end of the more important
Oregon land fraud trials, unite a
number of indictments of this char
acter have been dismissed, they hav
ing outlived their usefulness, and
having served their purpose. It Is
common knowledge that several of
the Indictments were brought more
for their deterrent effects than as a
measure - of criminal proceedings
against those charged with the of
fenses. In this way, it is claimed,
lite government was enabled to use
th" accusation as a lash in securing
evidence against those higher up.
and this having been accomplished
all the minor indictments remaining
were dismissed.
HEAL ESTATE TRAXSKEItS.
C. Sellers to G. A
7 acres on Carson
Dillon,
290;
near
Creek,
Myrtle Creek.
F. lsensee to Feali In
Co.,
$208; 40 acres, sec 36. 29-6.
A. F. Brown to Warren McCanley,
I0; lots 5 and 6, Mill Add. to Oak
land. A. B. Set her to Andrew Johnson,
$200: lot D, block 1, Clara Add. to
Ulendale.
W. S. Hutton was
Garden Valley today.
in town from
FOR SALE. 2 doz. S. C. White Leg
horns: 2 doz. Barred Rocks: 1
doz. Brown Leghorns, hens and
, pullets Just starting to lay; will
pay for themselves next two
months In eggs. Brookside Poultry
Farm, Roseburg. Oregon, dswlt
VIOLIN LESSONS
Amos W. Hlester, Tlollni.it at
the Star Theatre, will accept pu
pils for violin. Special attention
to juveniles.
Inquire at Star Theatre or
phone 885.
Ballinger Exonerated by Atty.-
Ceneral Wictershain
CASE SELF EXAGGERATION
Taft Approves Resolution of Congrtss
to Investigate Controversy
Involving Pincnot
Special to The Evening Review.
Washington, Jan, 6. Com
pletely exonerating Secretary R. A.
Balllnger and other officials of Inter
ior Department of the charges filed
in the Cunningham Alaslcan coal
land entries by L. R. Glavls, de
posed chief of the field division of
the General Land Office, Attorney
Generol Wlckersham today made
public the report on his investiga
tion made at the direction of Presi
dent Taft.
Wlckersham declares that Gtavis'
charges are entirely disproved and
that Glavls had ah "exaggerated
Idea of his own importance." He
scores Glavls severely for not press
ing the Investigation of the Cunning
ham cases when all 'the assistance he
asked for from the Interior Depart
ment "had been Immediately forth
coming and with ail data of the
case In ills hands."
Glavls, says Wlckershatn's report
further, continually procrastinated
and put oil the completion of hi:
investigation on the continual
ground that should the case be taken
Immediately to trial he would be
compelled to prosecuto without ade
quate evidence. iekershain con
cludes with a lengthy summary com-'
pletoly clearing Bnllinger and all
other officials Indicted by Glavls.
whose charges, published over his
own signature, are as follows:
Glavls rlini'ncs.
"As to the action of the land
office on these claims (the Cunning-
I nam coai entries), i assert tuai me
, . on)ce o,.,,,,,.
ItlllU Ullice inui'ICU me miuiKium,
claims to patent without due inves
tigation when Cominisisoner Ballln
ger knew they were under suspicion:
that while In office Commissioner
Balllnger urged Congress to puss a
law which would validate fraudu
lent Alaskan claims; that shortly al
ter resigning from office he became
attorney for the Cunningham group
and other Alaska claims; that soon
after ho became Secretary of the
Interior his office rendered a decision
which would have validated all
fraudulent Alaska claims. A re
versal of that opinion on every point
was obtained from Attorney General
Wlckersham. Had It not been for
Mr. Wickershnm's decision, every
fraudulent Alaska claim would have
gone to patent."
"L. R. GLAVIS."
Tnfl Approves Plan of Congress In
Probe Controversy.
President Taft has seen and ap
proved the Jones-Humphrey resolu
tion for the investigation by a joint
committee ot the Ballinger-Plnihot
controversy, which for a time
threatened almost to wreck his ad
ministration, and the resolution was
Introduced In each branch of Con
gress today, it is a resolution pur
posely designed to give the commit
tee tho fullest scope for its work. Its
Joint authors are from the state of
Washington,
Six Senators and six members of
the House will constitute the com
mlttee. Not only Is authority given to
probe Into the merits of tbe Hal-llnger-Plnchot
controversy, as far as
it relates to the conservation and
management of the public lands, but
there is additional authority suffi
cient to go beneath the surface, to
find the motive, to ascertain where
the whole thing originated, and to
discover whether, as Is believed gen
erally here, the whole series of at
tacks upon Judge Balllnger was in
spired In the Forestry Bureau. If
1t Is found that It was so inspired,
the committee has full power to as
certain exactly what persons were
parties to or the Instigators of the
attack. Under the extremely liberal
power to summon witnesses, there is,
little chance for the guilty ones to
escape. j
One feature of the investigation j
will be the opportunity It will give
for tho examination of the so-called ,
"muckrake" of Eastern magazine
journalism, who have boasted In ;
some Instances of their intention to (
force Secretary Balllnger out of the :
Cabinet. !
C. R. Oulnn. C. J. Manning. J. F.
OMara. Ceo. .MeCulloch. Oakland;
E If. Cooper, Hawthorne; T. H.
Pannon and wife, H. G. Brown. Elk
ton; Mrs. 8. I.. Hart, Violet Cox.
Sutherlin: B. A. Hunsakcr, Dillard,
O. I-. Willis, Rice Creek; W. W -Woodard,
T. B. Burnett. Round
Prairie; John F. Woodard. Lincoln
Taylor. Cottage Grove; D. W. Hanks.
Perdue; R. W. Thomason, Wm.
Sasse, Drew; B. S. RadcllHe, M'd
ford; W. W. Wolf, Spokane, were
among the latest arrivals at the Me-Clallen.
DRAIN TO VOTK OX ItOXD
ISSUE FOR BETTERMENTS.
DRAIN, Or., Jan. R. An ordin
ance granting to the Drain Light &
Power Company a franchise to light
the city with electricity was Intro
duced In the council last evening.
The council called an election for
vote on the issuance of 115,000
bonds for the water system and
$)000 for sewers. It is planned to
begin repairing and grading the
streets at once.
I'he occupation tax ordinance was
repealed.
LOCAL NEWS.
Mr. and Mrs. J. J. Thornton were
down from Oak Creek today.
Mr. and Mrs. H. J. Frear returned
today from a trip to Portland.
S. O. Emery, an aged resident of
Coles Valley, Is reivorted Berlously
111 of pneumonia.
H. B. Simmons, who has been
visiting here with Stonewall Cawl
fleld and other friends, left today on
his return homo to Burns, Hartley
county.
Miss Vera Carr, of South Bend,
lnd., who has been the guest of Mrs.
C. D. Bealc, returned today to
Sutherlin, where her brother is lo
cated.
Installation of officers at the regu
lar meeting of Union Encampment,
1. O. O. V., tonight. A good atten
dance is expected and refreshments
will be served.
Mrs. Myra Anson, of Wasco, who
has been visiting here at the home
of her brother, Chas. Stanton, left
today for Southern California, where
she will remain until Bprlng.
Senator Albert Abraham has filed
In tho Supreme Court a petition for
a rehearing In the city license case,
wherein the court decided against
him personally several days ago.
G. W. Rouse, the S. P. brnkenian,
left this afternoon for Cottage Grove,
where his 9-nionths-old daughter
died this morning of lung trouble.
The child was taken sick lust Christ
inas while Mr. Rouso and his family
were visiting In Cottage Grove with
relatives. The funeral will he held
there tomorrow. Among those who
will attend are Mrs. D. Y. Allison
and Mrs. Pansy Allison, who went to
Cottage Grove this afternoon, nnd
Mrs. Fred Wright, who leaves to
morrow morning.
earance Sale of
Suits and
All
All
All
All
All
All
All
All
$11000 ON ROADS
Will be Douglas County's Out
lay During 1910
SPECIAL TAXES ARE $63,200
, General Levy of 2.5 Mills Will Pro
duce $68,000 tlore In
crease $20,000
A summary of the special road
taxes levied lu 38 of the road dis
tricts of this county shows a total of
$63,206.42 will be -raised thereby.
The general levy to be made by the
County Court will approximate a
similar sum, making a total of nearly
$130,000 for road purposes which
will be expended In this county this
year. This Is about $20,000 more
than was voted for road purposes
last year in DouglaB county, when
the county court made a general levy
of 2.9 mills for roads and bridges.
A list of this year's special levies is
as follows:
Dlst. Mills Ami. Tax
4 3 $2240. ,",4
G 1 850.30
9 ltt I85.flt
11 4 2464.08
12 3 1406.10
13 2 : 147.51
14 214 " 649.90
1 10 876.86
17 1 1830.74
19 2 3067.99
20 5 6402.40
23 4 2222.36
24 B 965.02
25 5 701.77
26 3 4280.10
28 3 842.82
29 2 944.97
30 5 3088.42
31 3 1068.63
32 5 3937.07
$27.50
$25.00
$22.50
$20.00
$18.00
$15.00
$12.00
$10.00
Suits and Overcoats
Suits and Overcoats
Suits and Overcoats
Suits and Overcoats
Suits and Overcoats
Suits and Overcoats
Suits and Overcoats
Suits and Overcoats
(Sale prices include everything except $25 plain blues and blacks.)
Early buyers get first pick; don't delay.
SINCE 1877 WE'VE BEEN
33
3 259.77
2 304.62
6 2915,52
3 1805.42
3 3778.84
2 308.16
3 1684.48
2V4 468.57
4 793.62
2 568.50
5 , 2105.62
10 0086.60
2 2222.72
3 810.80
10 3682.66
10 2015.20
2 203.42
1 389.49
4
35
37
38
39
40
41
42
43
46
49
60
04
00
56
67
68
Total $63,206.42
Ttnpot Valley, 4 Mi miles west of
Drain, and reputed to be one ot the
best fruit land localities In the
state, has attracted the attention ot
a company of capitalists who are se
curing options through a Eugene
real estate Arm. The options ob
tained so fnr, together with the
stipulated prices, are as follows:
Sumner Snoll, 290 acres, $18,999;
John Huney, 212 acres, $12,000:
Ernest Buchanan, 917 acres, $13,-
755: Dan Blackford, 360 acres, $4
500; Edward Snoll, 100 acres, price
not learned. As soon as 2000 acres
are secured, tho buyers will plat the
land and place It on the market. In
the company's transaction with John
Haney it agrees to sell him 135 acres
of the Sumner Snell place for $8,
000. LOCAL NEWS.
Hon. T. R. Sheridan Is home from
a visit with his family In San Fran
cisco. His son, George, romnlned in
that city for a llttlo longer stay.
Upon the eve of his trial in Jus
tice Long's court this morning, Wm.
Bogard, proprietor ot The Imporlul,
charged with selling beor, wllhdrow
hlB former plea of not guilty and
entered a plea of guilty Instead
He I
nald a fine of $100.
II
Flournoy, who was in town
today from Floumoy Valloy, reported (
the slaying or a largo cougar u mnu
northwest of his home yesterday
ternoon. On Monday the beast !
killed' two of Mr. Elournoy's goats.
With the osslstance of dogs taken
along by Mr. Jarvls, a neighbor, Mr.
Flournoy treed tho cougar and then
quickly dispatched It with a rlllo. 1
Overcoats
$20.65
$18.75
$16.90
$15.00
$13.50
$11.25
$ 9.00
$ 7.50
TREATING PEOPLE SQUARE
Rich Italian Merchant Victim
Black Hand
IGNORED DEMAND FOR $5000
Fatal Love For Another Man's Wile
Mao In Nightmare Suicides
Cashier Flgnts Tongs
Special to the Evening Review,
CHICAGO, 111., Jan. 6 The bold
est Black Hand murder in the his
tory of Chicago was committed
shortly after daylight today, when
three men entered the home ot
Benedltto Clennl, a rich Italian dry
goods merchant, and deliberately
shot him to death as he lay In bed.
Opening the door at the call ot
the bell, Clenni's wife was con
fronted by three unknown Italians,
who Immediately entered. While
one ot them seised her and held a
revolver against her head to enforce
silence the other two entered the
bedroom where the merchant lay
asloep. Three shots were heard by
the' terrified wife, who saw the two
men emerge from her husband's
room with smoking revolvers In their
hands. As soon as the trio of mur
derers loft the house, Mrs. Clennl
rushed Into the bedroom and found
l,ni hxnhnnri AonA with (three bullet
holes In his body.
Two years ago Clennl received a
ninck Hand letter demanding me
payment of $5000 on pain of death
The demand was ignored, so was
elmllar attempt at. extortion a year
Bg0 The police believe the murder
WUB panned some time ago, the
8g8aSHin8 awaiting the first favorable
opportunity to carry It out.
. .
(Contlnuea on page 4.) .
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