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VOL. XIII.
ItOSEHURG, OREGON, TUESDAY EVENING, SEPTEMISElt 1:1, IOIO.
No. 107.
Review
SMITH LOSES TlMIIF.lt CLAIMS.
J udgc
Krlbs' knowledge passed along to his
chief.
llenu Decides Case In Favor As to the second point. Judge Dean
of Government.
PORTLAND, Sept. 13. The Uni
ted States won a sweeping victory
n n n c r i a 1011 States won a sweeping victory
Cause Recall of Secretary of " states conn eterday
J when Judge Rohert S. llean ordered
American Legttion
PANAMA ELECTION A CAUSE
the cancellation of patents to 37
timber claims In Linn and Lane
counties, owned by Charles A. Smith,
the Minneapolis millionaire. The
court held that Smith was charged
with knowledge of the frauds per
petrated by Stephen A. I). Puter,
Horace McKlnley and Dan W. Tarp-
j ley in obtaining the entrymen and
! making the filings, and referred to
Wflflh flf "le burning of all correspondence In
llimu m tl)e offl(.0 of Smlh HS B corrobora.
lion or that fact.
The value of the timber recovered
to the public domain is said to he
r92,0n0. Twenty-eight of ' the
( claims, when cruised, were found to
contain 14,000,000 feet of timber
Special to tbe Evening Review. I p,lc". wllile nine of them contained
WASHINGTON, Sept. 13. R. O. " 0.000.000 feet each.
Marsh, secretary of the American delivering the decision, Judge
legation and acting charge d affairs Uean TaA tla' " statute of liml
iu Panama, has been recalled hy the tatlons had intervened in favor or
United States Government. Minister els'" ' tbe 4fi claims sought to be
Thomas Dawson leaves tomorrow ror recovered, and this tract or land
Panama. This sudden change Is a amounting to 1280 acres i will remain
result nf .ho ,llfii,.nltle cnnseil hv in ,llc Uossession of the Linn & Lane
the pending Panama elections which Timber Company,
were postponed owing to Marsh s
announcement that the United
Aoo'.ber THt of $35,'
Alaska G' Id Balliager
Case at Standstill
States would object unless a preal-
Mnrc Alaska Gold Stolen.
Anneal is Expected.
It is believed that Mr. Smith will
immediately take steps for the ap
dent pleasing to this country ho lu
elected. It is believed this midden b ,rell! Court.
determination of tbe Slate Depart- J, "J "f 1 '? s
mens to recall Marsh will result in United States District Attorney
bringing out information that tbe -f Court was deserted by tS A. D.
situation Is critical in tbe Isthmian 'uter, who repudmted he affidavits
... he had given Detective William
repliant. j jurll8 all,i ,vhcn hc charged
Smith with being a party to the con-
snirjiev Puler's lllii-rl;m wns Imltntpri!
SEATTLE, Sept. 13. In addition by 0 j Bnd w E Mea,y Bnd
to the 57,000 in gold bullion stolen number of locators from Salem and
from aboard the steamer Humboldt, nr0wnsville, who had made confes
whilc en route from Fairbanks to sioI)s , wrlting to nrns. They were
Seattle, it was reported today that gralUcd immunity at that time In
$3,1,000 in Fairbanks gold had been COIlsaeration far their aid in secur
atolen from the malls, making a total ng tne recovery or tbe lunds. NVhen
of $100,000 which likewise was ,hev a,1)eared ln court t0 testify
shiiied by the Washington-Alaska lhev were no 0Ilger danger be
llauk. or Fairbanks. The local post- ,.nHe of the slntule 0r limitations as
ofiice offlciajs reruse to discuss the t0 crminal prosecution having op
matter, but they don t deny that the emteA aIld tbev went , ,, "the
theft occurred. ! stand to testify that they had mls-
lead Burns. All or tbe witnesses de-
Hallinger Case Still Drags. ! care(1 thal (hey bad never nad any
CHICAGO. Sept. 13. Pro-llallin- agreement with Puter or McKlnley
ger members of the Investigating 0r tne saie of the lands until long
committee met here today at the call nrter they had been filed upon and
oUkenat'or Nelson. Senator Flint b(, purchase price paid at the land
waliot present hut sent a letter office. Puter openly stated that he
stating that he favored Ballingcr s (hanged bis testimony in order to
vindication. It was intimated that w,tte a controversy concerning some
ruled that the Government possesses
the same right to sue for a cancella
tion of patent that belongs to an In
dividual to sue for the cancellation
of a deed obtained through fraudu
lent representations.
Important Point Cloud)'.
One of the most important ' points,
that of tbe intervention or tbe stat
ute or limitations on bchair of the
Linn & Lane Timber Company, Judge
Hean expressed some doubt as to his
legal conclusions, hut none as to the
common sense of the decision. He
pointed out that Charles A. Smith,
his wife and son, were in fact the
Linn & Lane Timber Company, being
Ihe owners of the stock, with the ex
ception of a few shares. Smith and
his wife had transferred the Linn
and Lane county timber to the Linn
& Lane Timber Company as a hold
ing concern, and ln keeping the
deeds from record in this state suc
ceeded ln preventing the Govern
ment from ascertaining who the real
owners of title were.
The court held that in this case
the Linn & Lane Company occupied
the same position as an individual,
that it was charged with the knowl
edge of fraud possessed by Smith, its
president.
The conspiracy was begun by Puter
and McKlnley in 1900, and patents
were obtained in 1903. The suit to
cancel was brought in 1908. United
Stales Attorney McCourt and Walter
It. Evans handled tbe case for the
Government, while the defendants
were represented by John Llnd and
lohn Ueland, of Minneapolis, John
Gearln, A. H. Tanner, W. W. Hanks
ind L. H. Tarpley.
the meeting would be adjourned un
til Flint reaches Chicago.
Chicago Packers Indicted.
CHICAGO, Sept. 13. Mittimusses
for the arrest of officials of the pack
ing houses indicted here yesterday
were issued today by Judge Landis.
The packers, it is expected, will he
brought Into court today with their
bondsmen. The trial promises to be
one of Ihe most sensational and hard
fought of tho Government's trust-
bunting campaign. Each defendant
faces a term in the penitentiary if
found guilty, or a line of $35,000. or
both. Ten leading packers were indicted.
A Man of Iron Siw,
Indomitable will and tremendous
energy are never found where stom
ach, liver, kidneys and bowels are
out of order. If you want these
ounlitles and the success they bring
use Dr. Kings New Lire Pills, the
matchless regulators, for keen brain
and strong body. 25c at all druggists.
McKlnley 10c music, and instruc
tion hooks. A complete stock at
Roseburg Book Store. dtf
MM!
BernellStockCo.
PRESENTS
Great Double Bill
ACT I.
"In Honor Bound"
Inlenso Dramn.
ACT II.
Wanted! A Boarder
Iloarlni Comedy.
CwtaiB H-.-JO Protnplr
Before the pcrformonr Wt tb
GEM
Governor and Three of Ihe
Four Congressmen
DEMOCRAT TO SUCCEED HALE
$25,000 of Indebtedness existing in
Minnesota.
Judge llean overruled the three
principal points or defense set up by
Smith, which were: That Smith was
an innocent purchaser of the land, as
was the Lane & Linn Timber Com
panv. which received lis title from
Smith; that when the Secretary of
the Interior directed patents to Se
Issued, the patent and order cured all
defects In proceedings and stopped
the Government from an attempt to
recover the lands; that suit was bar
red because of the Intervention or the
statute of limitations, suit not having
been commenced against the Linn &
Lane Timber Company until after six
years from the date the patents
were signed.
In disposing of the derense. Judge
Hean ruled that the admission by
Smith that Frederick A. Krlbs, of
Portland, was his agent In the ac
quirement of the lands, charged
Smith with knowledge, me conn
pointed out that Krlbs count not
have escaped knowledge of the con
spiracy wnliil I'uter aim Murine
Klnley were engineering, ivnus saw
the imitation locators go to the land
office to prove up. Krlbs knew that
Ihe locators had been shoved in
ahead of the agents of the Northern
Pacific Railroad whose cruisers were
In the timber and who Intended to
secure It through the use of script.
Krii.s was in Roseburg when the
contests were heard and when Puter
succeeded In getting the contests
withdrawn by having 24 of his men
relinquish In favor or tne ranroau
..nninnni- Krlbs took mortgages in
,i,o nnuie of Willd. a brother of
Smith, and handed the locators the
monev to pay the land office. As
agent' of Smith, the court held that
la tbe U. S. Senate Poindtxlcr, t -
snrgent, Leading In Wash
ington Primaries
Special to the Evening Review.
PORTLAND, Maine, sept. is.
With the returns from yesterday's
election practically complete a sweep-
lug Democratic vlstory Is assured.
Frederick Paisted, Democrat, is
elected Governor over llert Fernnld,
Republican, by a decisive majority.
Democratic Congressmen were also
elected 111 the first, second and third
districts and tho rourih Is In doubt.
The Democrats will also have a ma
jority in the slate senate and prob
ably In the House, thereby assuring
Democratic successor to U. S. Sen
ator Hale. Tbe newly elected Gov
ernor Is a son of Harris M. Plaisted,
who was the last Demicrailc Gover
nor of Maine, 40 years ago.
ll'DGF, M'GIXN SPEAKS
HEIIK WEDNESDAY NIGHT.
Judge Henry E. McGinn, the wide
ly-known stump speaker who has
been "eating them alive" in his re
cent Portland campaign addresses,
has been secured to make one of his
stirring talks ln Roseburg and will
appear here Wednesday night, Sept.
14, nt 8 o clock at the court house.
Judge McGinn's theme will be the
non-polltlcul judiciary and the as
sembly movement.' He is a Btroug
advocate or the elimination or poli
tics from the Oregon Supreme Court,
and as every reader of the Portland
papers knows, the thought of nomi
nations by assembly gives him in
stant visions of corporation control
and the return to the old-time ma
chine methods of politics In Oregon.
The agitation against the Repub
lican assembly has been stale-wide
and practically everyone is familiar
with the arguments ror and against
it. The proposition of the non-
political judiciary, however, is less
familiar to the voters, miefly. It Is
to take and keep the Supreme Court
of this state out of politics, electing
the supreme justices without regard
to the party to which they mny have
belonged. The object, as it appears
to a great majority of the lawyers
of the statei Is to secure a court ab
solutely uninfluenced by party con
siderations or election obligations.
The present Supreme Court Is such
a one. It consists of F. A. Moore.
Thomns A. McMride and Robert
Eakln. Republicans, and Will R.
King and Woodson T. Slater. Demo
crats. Of these, there are four re
tiring members Moore. McBrido,
Slater and King. The Democrats
have accepted Moore and McDrlde.
the Republicans, as their nominees.
The Republican voters are asked to
accept King and Slater as their
nominees, in turn, thus keeping the
present Supreme Court Just as It Is,
non-partisan.'
The State Rar Association en
dorsed this movement; so did tbe
Multnomah County liar Association
The former body appointed n com
mlttee of nine lawyers, which ar
ranged ror a state convention or
lawverB In Portland. July 19. This
convention went on record with the
utmost earnestness as tavorlng no
nolitirs In the Supreme Court, and
the present campaign is a result.
Judge McGinn will give all tne
reasons why the Justices should be
non-polltlcal. Judge McGinn himself
Is a Republican.
o
Burke's home, by 2000, and the en- doubtless claim he only took the
tiro slale by a plurality or 20,000. mare ror a short ride and turned bor
The iiurke inumicers declare that looso so she might return homo.
However, a jail sentence very likely
awaits him If be la picked up.
iui ke will carry I be state by a plu
rality of 3S00. With Ashtim and
It u r k e sulllting the regular vote, tbe
indications are that Poindexter will SCHOOL KXltOI.LMEX
eertainlv receive the state endorse
ment. Good weather In all parts of
the stale brought out a fairly heavy
vote during tbe forenoon. Approxi
mately 1 iiO.ooil Republicans
IS
100 MOKE THAN LAST YEAR.
Monday's enrollment In tho Roso
hurg public and high schools was
are fully 100 more than on the opening
CITY COUNCIL HOLDS
VERY IlltlEF SESSION.
Central Sewer 'Accepted ulld Ordin
ance Passed for Oestroylnu Trees
Mciincini; Sewers,
registered.
The polls opened at I I o clock this
forenoon and Ihere is heavy voting III
ill Ihe large cllies. Ill Tacoina tbe
Poindexter and Ashton vole Is heavy,
tho lltilite vole light. In Spokane
Poindexter leads llurke and at Seat
tle Poindexter led Hurke one and a
half lo one, according to a straw
ballot taken at Ihe loading voting
places. At llellingham Poindexter
Is leading. Forest (Ires, however.
aused a light vole In Whatcom coun
ty.
People Are Awakened.
JEFFERSON. Mo., Sept. 13.
Chnnip Clark, Ihe Democratic min
ority loader in Ihe House, today pre
dicted that Ihe Democrats will sweep
Missouri in t tie November election.
(Mark Is a delegate to the Democratic
slate platform convention whicll as
sembled here today, lie said; "We
will put the Republicans of this stale
lo route. Tbe Maine elections yes
terday are the best indication that
the people are tired or being de
ceived and betrayed."
STOLEN MAKE RECOVERED
A FEW IIOI RS LATER.
T 4 J.
X Tbe Producers Fruit Co., ot
J. Sacramento, Calif.. Is In the
J. market for late pears and ap-
T nu. Roe E M. McKeany. at 4
T tiii,i l,flnllen. dswtf !
I " " f
PORTLAND, Mo., Sept. 13 There
was no uncertainty In the voice with
which Maine record"l her preference
for Governor today. Tbe plurality
given to Frederick M. Plaisted, of
Augusta, Democratic candidate for
Governor, was decisively large.
while three of tbe four Congressional
districts, which are ordinarily strong
ly Republican, returned Democratic
candidates..
Earlv returns also indicate that
the Legislature may bo Democratic
and elect a Democrat as successor to
United States Senator Hale.
First Ifc'feat in 111 Years.
In the face of tne sweeping Demo
cratic victory the Republicans were
overwhelmed with surprise. It win;
the first beating the Republicans of
Maine had had ill 10 years, and, by
a coincidence, Harris M. Plaisted
father of the present successful can
didate. was Maine's last Democratic
Governor In 1811.
Asher C. Hinds, or Portland, par
liamentary clerk of the House of Rep
resentatives, was defeated for Con
gress In the First District, while Rep
resentative niirleigh. In the Third
District, nnd Representative Swasey.
in the Second, also went down to defeat.
Three Deniocrals ill Congress.
The Representatives elected are;
First District, Democrat.
Second District, Daniel J. Mcdllli
cuddy. Democrat.
Third District, Samuel W. Gould,
Democrat.
Returns from 578 out of the 02S
election districts give:
Fernnld, Rep., 03, 500: Plaisted
Dem., 72,5311. The corresponding
vote In 1000 was: Cobb. Rep.. S.-
002; Davis, Dem., (10.721.
Deniocrals Carry .ri.nna.
PHOENIX. Ariz.. Sept. 12.- On tb -face
of unofficial figures available al
10 o'clock tonight the Democrats
are certain of u majority of lite 52
delegates lo the constitutional niit
vention. Indications are they will name all
of Maricopa county's nine delegates,
all or the live from Gila county and
Ihe ten of Cochise, though In each
case Republicans express the hope of
winning a seat here nnd there on
scratched tickets. Tbe Democrats
also claim three of Pinal county's live
delegates and two out oi three in
Yuma.
A brown driving mare owned by
H. H. Roadman was stolen from his
premises at 34 0 South Pine street, at
an early hour this morning. The ani
mal was recovered a few hours later
by Sheriff Kenton, about two miles
northeast of town. The sheriff traced
day last year. Al the beginning of
the second week last year tho en
rollment was 724, while on tho
opening day this year the total was
821. A material advance, was shown
In all the schools and tlgures for the
folic schools being as follows:
19011 1010
High school 200 1142
Lane school 385 423
West Roseburg 27 33
Riverside 22 23
Totals "24 S21
In the high school grades (last
vear only 100 were enrolled at Ihe
opening of tho second week. This
vear 1311 entered the first day. Tbe
rooms at the Lane school are so
badly crowded that some pupils will
ju'ohahly have to be transferred to
the West Roseburg school and an
other teacher employed there and
also still another teacher afJded al
tbe Lane school. The present en
rollment shows a growth of nearly 13
per cent over last year.
Resides tho public schools tho
Catholic, school also shows a decided
growth this year and the classes
thero now occupy throe or move
lll'RXS TO HAVE RAILROAD..
REND. Or., Sept. 12. K. K. Kun
ev. locating engineer of Ihe Oregon
Trunk Railway, was In Bend dining
I lie week from IiIk work on the line
extending rrom llend southeast to-
-,.i t,.i,n win. the stolon mil- ward llunis. This line Is definitely
, ., ,, iuu ,,,,,. located from Rend to Harney Lake.
streets In Ihe eastern part of town about 20 miles south of. 1 urns, and
and over the bill via the Deer Creek l ready for tho construe ion crews,
road. After crossing the bridge a ' Mr. Kuney reports the line a very
...I r lm-n Ibe l i ef I U!I1C! goon one. i lie iiiiiAiiiii.ni B. ...- ,o
mile
northward toward i lie inns
he soon found that he was off the
public road and was seen lo abandon
the animal by a lady living In Hint
vicinity. The mini quickly disap
peared and has not since been seen.
Ho Is described as a rather small
man with sharp features. His con
viction, if caught, would perhnpB be
snmewhal dilllciill. - lis be would
There, slx-lentbs of one per cent and the
maximum curvature inree degrees.
Cuts and lllls about balance each
other, without long hauls, and the
road will be an economical one to
operate.
The central sewer, constructed this
year by W. C. Gaddis, was accepted
by the city council In a brief session
Monday night. The contractor's bill
for $1018.77 was allowed. Of this
amount $407.77 is for various mi-
forseeh extras. Not a single remon
strance was Hied against the accept
ance. .
Another small Improvement was
brought forth in tbe meeting. Speci
fications of Engineer Roberts for a
six Inch sewer In Illnck 91, known
as tbe South Mill street sewer,
amounted to only $174.55: The coun
cil authorized a resolution to bo pub
lished preparing Ihe way for a contract.
The paving ordinance for Stephens
street, from Woodward to Brock way,
passed the council.
Miscellaneous,
The council raised tho salary of
Night ORlcer Williams from $00 to
$70 per month. The renson is that,
the cost of living Is rapidly rising,
and the officer's duties are more '
numerous. Williams is among the
last of the city ofllcers to receive ad
ded compensation.
A complaint was filed by citizens
Hying below the railroad track at the
upper end of t lie Grove against what
Is known as the "brewery sewer."
Tho matter. was placed in the hands
of the health and police committee.
Tho ordinanco compelling property
owners with .poplar or cottouwood ..
trees on their premises to cut or kill
them when they are likely to enter ,
nnd stop sewers or crack cement .
sidewalks, was passed unanimously.
Councilman Mullen protested on the
ground nf Its being Impractical, but
voted yes.
Couucilinen present wore JoBoph
sou, Micclll, Clements, Bellows,
Bounds, Strong and Mullen. Mayor
llaynes presided, and all other city
officers were also present.
LARGE STEEL ORDERS
ARE STILL HOOKED.
. Japanese paper napkins, only 1 0c
ner hundred, at Roseburg Rook
Store. dtr
NEW YORK, Sept. 12. Unfilled
tonnage nf tho United Slates Sleel
Corporation on hand August 3t was
3.537.12K tons, n decrease of 433,803
tons ns compared with the unfilled
orders of July 31.
SI MI'TF.R KLOCK lll'RNED.
Tuft l!eiiiiilns Silent.
BEVERLY. Sept. 13. The execu
tive office here did not issue any ;
statement regarding the Democrat ic
victory In Maine. heretofore a
staunch Republican stale. The
.Maine results shocked Taft and his
advisors, particularly since Taft m:l'ie
semi-public speeches in Maine during
his recent trip. One result of I lie
Maine election will be a hurried
change of plans for the campaign for
Ohio and New York. Some of Hie
Republicans will be sent to
Ohio to make spelt-binding speeches.
as the administration Is particularly
anxloilB lo win III Ohio. Taft's home
state.
KjsrruMO, omn
i B.i.idM BMrttm !" ':."."S'
ritMlM no l e"i "L, o.rr u
LEARN TO SAV
Tot al t ! trtt-!(U :'!'
t:trlutof.
o IrtHnJ, Orcot-
: l
EL MYO
SUMPTER. Or.. Sent. 12 A dis
astrous fire broke out here at 7 o'
clock Sunday morning, which. In Its
earlier stagoB, threatened tne ne-
otrnMlnn of the Whole CltV. Most Of
the block of buildings hounded by ahlcBt
Mill. Center. Auburn and Summer
streets has ben Bwept away. Only
the heroic work of the Are depart
ment, with the assistance or almost
everv man in town, saved the citv.
The bnildlnes are the old Griffin ho
tel, the Golden Eagle hotel and the
smaller structures surrounding these
two.
A great fight waB made to save
Tavlor'B livery barn, which wns done
after earnest work bv the Are fight,
ers. The Catholic church. Immedi
ately In the rear of the Golden Eagle
hotel and In the same block, also had
narrow escape. Even the ladles of
Ihe city took a hand, and many ot
them helsod to remove itlvahle
..... from th .tnirtiires I senatorial endorsement claims a
' In.nrnnre On nv of InrV. The lrget IllV.Tt that
the buildings destroyed. Poindexter will carry King county
l-'oceiastH Ih'iniicratir Uindslide.
NEW YORK. Sept. 13. Willi
Maine gone lleinocrailc and the Re
publican plurality In Vermont cut
down to 10. One, the Democrats here
lodav are jubilantly predicting Unit
everk- seiui-doubtfui Hlate will go
Democratic In November.
Insurgent Poindexler Will Win.
OLYMPIA. Wash.. Sept. 13--Willi
the slate primaries In progress tn-biv.
every candidate tor lb" l nlleil htat
senatorial endorsement claims a vu
mSBm III
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Manhattan Shirts
Staley Underwear
Keiser Neckwear
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The "Poole" offers a wide range of fabrics
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