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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Dec. 28, 1910)
Mi " ' n VOL. XIV. GIR11TI5 IX)CAL USD OFFICE FINDS FOB JUST DEFENDANTS IX Fl. MOUS HEPPNER CASES. PROOF HELD IfiSUFFIGIEUT Government Proceeding Against ' Northwestern Timber Company and Twenty-Seven Others, and IhtoIt in Deals With Scrlber and Thorn son, Held for Dismissal by the Lo cal land Office Case Important Holding that the government ut terly failed to iprove illegal agree ments or cvonsplracles were entered Into or existed between the North western Timber company of Spokane and twenty-seven other timber claim ants, the La Grande land office has held for dismissal ' all government proceedings against these defendants and the first battle in what is con ceded to be the biggest government timber proceeding In Eastern Oregon In the past two years, is won by the defendants. Register Bramwell and Receiver Eberbard hold the entire batch of cases for dismissal, thereby freeing as far as the land office hero s, concerned the Northwestern Tim ber company, transferesand the twenty-seven othej defendants. The cases were filed more than a year Bgo here py.the, government whk'n alleged conspiracies existed to obtain fraudulent title to lands near Heppner. The alleged misdeeds oc- cured In 1903 when John L. Ayers and P. B. McSwords both" of Heppner, were alleged to have entered Into a conspiracy for the ipurpose of specu lation and to defraud the government out of valuable timber lands, about one hundred claims in all. Flood Spoils Scheme. The government went on to allege. that the disastrous flood in-Heppner several years ago, drowned McSwords and John L. Ayers, but that snortly afterwards a man named S. W. Spen cer, now living at Heppner, picked up the alleged conspiracy and promul gated It to a successful consumatlon The charges went on to state among other things that J. W. Scrlber and A. B. Thomson figured illegally In the matter. The casea were heard at Heppner, and various-other places throughout the Northwest, and the defendants giv en a chance to tell their stories. On the strength of this testimony, total Hng 12,000 ipages in all, the local land office made its final decision. The officials held that the govern ment failed to prove a conspiracy ex1 ted before the filing; that while the entrymen borrowed money from Scriber, they had a, perfect right to, no original agreement having been hown. ' ' The proceedings agalns.tr these par ticular twenty-eight defendants were brought In this land office because the filings had been made here and the patents had not been , issued. About Beventy-dlve other claimants, said by the government to have been in the st-me conspiracy, were given patent and suits are pending in, the federa! courts to cancel the patents. The Northwestern Timber company comes Into the cases by reason that "avia Wilson of Spokane organized fha . cuuipaay ana his concern was made transferees for the title: In oth er word8 Wilson's company was' to take over the land which the alleged claimants might gain title to, thus 6vmg tnem pre-arranged tltleB of 'and thus acquired. The- official title of the . cases Is Known as. , John Mills. Elmer Lindsay. John T, Kirk, Oscar P. Neal, John Woodward narvry Humphreys, Alfred L. Ayers 5m- E. Pruyn, Manerva A. Meadows William P. Scrlvner. Cecil T. HumDh reys, George Whltlea, Edward Brown "wa l Fuller, AJfred L. 'Ayers, Bite LA GRANDE, UNION guardian of William Ayers, Allen W. Sallhg, Mattle B. Scrlvner, heirs of George Tlllard, deceased, Naomhv Garner, Oliver S. ' Andrews, Mabel America Leezer, Thomas J. Humph reys, Arthur E. Humphreys, Septimus II W. Spencer, Anna F. Spencer, Charles W. Fuller, Henry E. Warrenen and the Northwest Timber company, transfer es, defendants? The initial defendant- figured most conspicuously in the evidence and the testimony from John Mills case cov ers page after page and most of the evidence treated in the entire opinion hinges somewhat on the Mills testi mony. '7: ""' Case Long Id Mating. For the past six months.' midnight oil has been burned over these cases by . the register and receiver.' With twelve thousand pages of typewritten testimony o read carefully and care fully consider, the task -was a monu mental .one. The decision,, handling all the evidence in this monster mass of details Is crowded Into twenty-one pages.":- t;''r-.-,.: '' The principal charges preferred by the government Include: ' ,1. r That the said John Mills did not apply to purchase said lands In good faith, to appropriate the came to his own use and benefit, but did apply to purchase the same for the purpose of speculation, under an agreement with and for the sole use and benefit of, John L. Ayers, or P. B. McSworda, or (Continued on Page 6) WAGON LOADS OF PEOPLE PLEAD GUILTY TO FRAUDS. Hundreds Disfranchised In Indiana For Selling Votes. Hammond, Ind., Dec. 28 Nina clt officials of tee town of Gary, Indiana, a new cit7 bu'lt by the United States Steel coroontion wore called in' i court today for arraignment on ir.di"'- menla charges' election irauds M? or Thomas K.utt, and Clief of Pollcs Marfn ars arr.or.g the ace sed. In?'.' ments char-e tl ey altered the r.i.t. of the Nov.ml.er'elec'f n. It 's ex pected they v!j. be released on bail. . GrMt Number lVIcted. West I'nlo'i. j., Dec. 2S--Y.ret ' r ion's hotel aro over!'. ;"in nlfi with citizens of Adams county waiting for a chance to plead guilty on charge of selling their votes. Wagon loads of Indicted voters poured Into the city during the day. As fast as their cases were called they pleaded guilty and were disfranchised for five years with a small fine. It is reported the -grand Jury now in session will return 150 more indictments before tonight. Already 750 are Indicted. . Aviators Attempt; Long Flight ' Dover, Dec - 28 Robert. Lorraine, the actor and . aviator flew from Shepper Island In the North Sea today In an effort to win the Deforest prize for the longest flight from England"? shores to France or Belgium. Lorra'r.e took the course flown by Cecil Grace the English aviator believed to have been drowned In the channel last week while ' attempting the name flight. The machine must be of English build to win the $20,000 and the avla tor must be a native Englishman. Asiatics Infest California. . - . Sacramento, Dec. 28 That hund reds of Asiatics, mostly Hindus, are Illegally in California and falls to provide funds to permit the empoy- ment of physicians to search out the diseased ones and have them deported was the assertion today of a promin ent member of the state board of health. The federal government la willing to aid In the deportion of the undesirable alien if. only report by state officials can be secured. One of the principal ailments of the Hindus here Is the hook worm and trachema ELECTION FRAUD INVOLVES MANY OFFICIALS COUNTY; OREGON. WEDNESDAY, DECEMBER ill ' Adjudication of riparian .rights In the Grande Ronde river which for the ipast six months have been a bone of contention between J. I Cavlness, J. B.. Stoddard and a score of. others, was consumated. this afternoon when Judge Bean of Pendleton commenced dictation of a formal decision placing the rights and priority of all the de fendants in the case which has been in court several years in some form or other'and which Judge Bean heard the evidence in. : While an opinion won't be filed until tat uuuf mm afternoon, it la a well established fact as to who will , have prior rights ahd exactly what each will get when there is water enough to go round. The. year Just past was a dry one and the apportionment . made by Judge Bean would not give all rip arian owners the water allotted to them in low water time. In the' case there is not enough, the latest acquir ed rights would be shut off in favor of the.older ones. Until the decision Is filed It Is un certain whether Mr. Cavlness has prior rights over all of them or not. However, simmered down, there "will be about a half dozen who would have claims dating back many years. It Is presumed the opinion will show exact priority rights among the old riparian owners when it is flled. Allotment of River. Water. , Judge Bean apportioned the water of the Grande Ronde river as Indi cated by the evidence taken in the NEGRO LOCKED IN SAFE Black Fiend Locken In Safe to Keen Mob From Lynching nim. Clarksburg, Dec. 28 Escorted by a company of militia William Fuvby, a negro, was brought to Moundsoille penitentiary today. He was , rescued from a mob 'by the militia. He spent a greater part of the night locked 'n the vault of the Wells Fargo Express company at the railway station , at Weston to prevent lynching. He Is ac cused of attacking Florence Angellne a white girl., ATHENAMANWILL INSTITUTION .WILL BE' BUILT ; WEST OF PENDLETON. - State Gets Over $330 Acres for About ; $100 Per Acre Start Soon. Salem, Dec. 28 Doctor J. D. Pla- mond of Athena, a relative of State Senator Barrett of Athena, has been appointed superintendent of the East em Oregon asylum which Ja to be built on the Oliver farm . west of Pendleton. It is expected he will take full charge of affairs at once for there Is much to be dona In the way of arranging estimates and other de tails for the opening of the instltu tlon. j It was definitely decided last even ing at Salem that the proposed lnsti tutlon should be, built at Pendleton Tho sum appropriated is sufficient to make a thoroughly equipped asy luni. There are approximately 330 acre3 ard It will cost the state Just about $1C0 an acre. Telegraph Manager 111. Misa Leona Bean, manager of the Western Union Is ill at her home. SETTLED case, in an oral opinion this morning. The allotment . is based on. the pre sumption that there are about 2,000 inches In. the river at the lowest stages. This statement is also based on testimony given in the case, but last year the river dropped down to less than 1,000 Inches, and such be ing likely to ensue again, the allot ment of inches would not be of ma teria benefit for it would again be required for some one to show prl ority rights other than those roughly indicated in the allotment of h;. The Water Owners. The decision gives the following allotment: J. L. Cavlness, 265 inches. J. B. Stoddard,' 50 Inches. ' J. S. Chandler, 20 Inches. L. C. Pennell, 20 inches. Nesley Ditch company 250' inches. I May Park Water Ditch company, 150.toches from 1865; 63 inches from 1871. Part of this is appropriation from date of 1902. . Ora Dell Canal Company, 375 inch es on riparian land, or land bordering on the stream 245 Inches of date 1S70. v- , , ; ,- ..' ! The Irrigation canal company, 150 Inchesfaf date 1856; 450 of date 1869. 400 Inches of date 1883; 750 Inches of date 1901. Total .1750 inches. ' City of .La Grande So inches (Ap- " La Grande Irrigation . company, date of 1903, subject to all other rights. DEFENSE FOR AUSTRALIA. English Government to Train 100,000 Boys In Military Art Melbourns, Australia, Dec. 28 Ac tlve . preparations tyy the government for the establishment of defense for ces on tho soundest footing in a short time will be under way. It was an nounced today that the government is planning to train at least 100,000 boys between 14 and 20 in military art, probably beginning In July. The gov ernment will, soon order an equipment and clothing necessary for this new department. . HONDURAS CITY ATTACK WILL BE COMMENCED TO- DAY BY TWO THOUSAND. American Adventurer In Command of Revolutionary Forces, It Is Said. Puerto Cortez, Honduras, Dec. 28 Two thousand rebel troops are gath ered ready for the taack upon Tegu- clgala It is reported here today. Fed- ered ready for the attack upon Tegu- was thretened for months, will start soon. Preparations to repel the at tack on the city are being made and troops are being mobolized. : The rebel army has been drilling for several weeks near Cape Graclas. Lee Christmas, an American adven turer who played an Important part In the revolutionary movement and has led the armies In Honduras and Nicaragua, will share the command of the revolutionists with former Presi dent Bonilla who started the trouble. American Boat to Remain Near. Washington, Dec. 28 The United Statca gunboat Yorktown arrived at Amaipala, Honduras, todayl She was sent to Investigate conditions and to protect the Interests In the event of a revolutionary outbreak. s I SURROUNDED 28, 1910. A MINER KILLED. Miner from Alaska Shot and Killed In 1 y Seattle This Morning. Seattle, Dec! 28 Billy Marks, a miner, recently returned from Alaska, was shot and killed in a Front Avenue saloon this morning. Edward Groogl was arresetd In connection with the affair. It Is reported they quarreled in a saloon and were ejected by the bar tender. Next moment a shot was fired. BIG SMELTING TLAJiT WRECKED. Five Killed by Explosion of Gaset in Famoifs El Paso Smelter Today. El Paso, Dec. . 28 Eight person? were killed today by a gas explosion at the El Paso smelting works. The plant is . the second largest in the world and located five miles from this city. It is owned by the American Smelting company. PROSPERITY PREDICTED. New York State Superintendent , of Banks Say Outlook for 1911 Good' . New York, Dec. 28 Unusual pros perity Is predicted for 1911 by O, H. Cheney, state superintendent of banks. His prediction is based on conditions of banking business of New York state. He Is preparing report showing tho condition of the state banks. He says when the banks are (prosperous other business flourishes also,' WIFE OF ONE SMASHED SEES, HUSBAND TERRIBLY. Two Famous Frenchmen Meet Their Waterloo Near Paris Today. . Paris, Dec. 28 Marquis Marie Paul la and Alexander Laffon, chief pilot of the Antlonette school' of aviation, were crushed to death today under an aeroplane Just after they had tak en to the air for a speed flight from Paris to Brussels, trying for a $20,000 prize offered for the fastest passenger flight over the course. Wife of Victim Present The crushed bodies were viewed by hundreds in the morgue this afternoon soon after the news had spread that they had been killed In. an aeroplane accident while trying to fly from Paris to Brussels. Laffon's body was hor ribly crushed. His wife, who witness ed the fall Is prostrated. The machine overturned twice in falling 200 feet and struck on ton of the passengers CHANGES IN CREAMERY OWNERS H. S. and L. F. Massee Sell Interests In Blue Mountain Creamery. A deal was consumated today which sells stock owned by H. S. 'Masse?, president and manager and L. F. Man see In the Blue Mountain creamery of this city to C. A. Robinson of Red Wing, Minn. The sale will actually take place January .first , when, the present manager resigns Mr. Robin son is now in business at Red Wing but will move to La Grande next spring and assume the management. F. H. Green, secretary of the company and Mr. Robinson will then be prac tically sole owners. II. S. . Mas-see plans on spending several months at Blanchardsville, Wis., before deciding definitely on his future course. L. F. Massee, who was formerly express agent here, has not definitely outlined where he will locate, but probably In Portland. Millionaire Arrested. 1 San Francisco, Dec. 28 B. H. Bibb, a millionaire lumberman of San Fran cIbco has been arrested as a fugitive from Justice, according to Assistant District Attorney Cotton who bo In formed Judge Lawler today when the Bibbs case came up. Bibbs Is charged with having sold a piece of real es tate twice. He failed to answer. TIIAHIN PARIS FLIGHT GHUSHED NUMBER 53 JAPANESE SAID TO HATE BEEN , CAUGHT MINING THE HARBOR AND SPYING TOO. EFFORT TO HUSH RUfAQH Military drclej Agog Over Discovery of Japanese Bombs and Deep Sea Mines In Manila Harbor to Destroy ' American ships in Time of War iijub) - opit- nave norang Knowledge of all Fortifications. Manila, Dec. 28 An alleged discov ery of a conspiracy among Japanese to place mines In Manila harbor and blow up American war ships in case ' of war between two countries Is per-,, slstently rumored In military circles today., Althought General Duvall has ; said that a pearch of Japanese homes for explosives was unsuccessful, It Is. reported that explosives were , found and also maps showing Japanese spies ; had a thorough working knowledge of the harbor and fortifications and had . planned carefully when and where to; place the submarine bombs In the harbor, This Is oausing miich' ex, clteroent in mlljtary circles as it is 'r ported Duvall , threatened to . court Miart'.aJ -any officer wno" tells the al-. T leged facts. The story leaked out from the civil authorities who aided In the search. '" .. According to, current report today, the papers were discovered to Identify the Japanese secret; agents In y Philippines. It Is reported that acting : on this information a number of ar rests have been made secretly. The ;, reports Say the Japanese have been ' smuggling explosives Into the city for , months. It Is understood a, careful search of the principal Japanese col-, onles Is being planned by army offl-r cers. It Is believed military authori ties are attempting to cover up Jap- ! anese activity ' in the island and at the same time weeding out spies.' X- Uncle Sam Denies Report Washington, Dec. 28 The war de--' partment officials denied that official A advices concerning the , discovery ct , , the alleged plot of the Japanese to t; mine the Manila harbor. Many anry officers however are of the oplnloi that the Japanese have been working ' secretly In the island since the war vlth Russia. . . v' Seattle FJoneer Dying. ' Seattle; Dec. 28 Mrs. A. A, Denny, one of the first white women to come to Puget Sound In 1851, Is dying here at her home In this city. She has been 111 several months. She Is the widow of Arthur Denny, one of the founders or Seattle. , SUFFRAGETTE DIES. Mrs. Clark, an English Suffragette Dies From 111 Treatment Received. . London, Dec. 28 As a result of al leged hardships she sold she was forced to endure In prison where she was sent for participating In recent sauffragetto raids on parliament, Mrs. Clark, sister of , Mrs. Parkhurst, a suffragette leader, died today at Brighton, her home. Previous to her death she told of how officers fed her coarse food and were cruel. She was given no comforts. When released her health was impaired and she becama 111 and her death followed. Lorlnirr Case Revived. y Washington, Dec. 28 Senators In terviewed today believe that the white washing of Lorlmer In the recent bribery scandal is due to a fight In the senate. Many senators, among them Beveridge are reported to be spending their vacation and study ing the testimony of the committee, preparatory to a clash. . f ' f- ; Hi . i 't f i; 11