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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 21, 1902)
f VOL. XLII. 1ST0. 13,087. PORTLAND, OKEUOK, FRIDAY, -NOVEMBER 22, 1902, PRICE FIVE GENTS. YELLOWSTONE THE , GREATEST AMERICAN WHISKY. This de licious stimulant, renowned for its purity, should be kept in every home. For sale everywhere. ROTHCHILD BROS., Portland, Oregon, Sole Agents Tt close out stock before 45 longf-fociis Camera, doable R. It. we move tens, bhioihhui: Ruuiicri rc ciniiuc tn kii e "I hackj regular $15 closing price.. pcJU r ifnpcndl 'Tf.!l,.!?f?f.!??,.?:! $12 we off c 4x5 triple Fremo regular These are the greatest camera bargains ever offered In Portland. Lenses same as In all standard cameras. Every one guaranteed. BLUMAUER-FRANK DRUG COMPANY iJJZfi Assets $33t, 039,720.34 Surplus $71,129, 042.06 ''STRONGEST IN THE WORLD." L. Samuel. Manager. 305 Oregonlan Build ing. Portland, Oregon DR. EAT AKES "There's Life and Strength In Every Drop" A BEVERAGE OR A MEDICINE For Sile by All Druggists. BLUMAUER & HOCH, Sole Distributers, Wholesale Liquor and Cigar Dealers FHUi MJSTSCHAN, Pres. SEYESTH AXD WASKIROTOX STREETS, POBTLARO, 0REGD1 CHANGS Or MANAGEMENT. European Plan: . , . . $1.00,$1.50, $2.00 per Day You may talk about your steel-plate furnaces and about the quicker radiation of heat, etc., but when it comes right down to business a east-iron furnace is found to be the best. Let us tell you why. vv. g. Mcpherson Heating and Ventilating Engineer 47 First St., bet. Ash and Pine In Regal Splendor For Thanksgiving Our array of carpet styles offers exceptional opportunities for your ....... choice EXCLUSIVE CARPET HOUSE J. G. MACK & CO. SO-SS THIRD STREET, Opposite Chamber of Commerce. THE PORTLAND PORTLAND, American Plan COST OXE MILLIOIT DOLLARS. HEADQUARTERS FOR TOURISTS AND COMMERCIAL TRAVELERS Special rates made t families and single gentlemen. The manage aient will be pleased at all times to show rooms and give prlcas. A mod era Turkish bath establishment in the hotel. H. C. BOWERS, Mgr. THE AEOLIAN COM RAINY New York Manufacturers of Aeolian Orchestrelles Aeolian Pipe Organs AND THE PIANOLA ML B.WELLS Oreron Washington Idaho Sole Four Years for Fraud. TRENTON. N. J., Nov. 20. W. B. Law rence, who by misrepresenting himself as the agent of State Superintendent Car rlngton sold books to school districts in different parts of the state, was- today convicted of obtaining money under false pretenses, and his punishment fixed at four years in the oenitentiary. Overdue Bark Arrives. VICTORIA. B. C, Nov. 20. The over due German bark Edith, 88 days from Hong Kongj China, Is coming up the Straits bound J a. - focus Camera, equal to ao. O ami century uraaaj COO $35: closing: price. .. , U UllJJ FOWLER'S and M ALT USCLE . C W. ICXOWLE3, Men OREGON $3.00 Per Day and upward. Agent Headquarters. 853-355 Washington stl,' cor. Pork. Morocco Sultan Gives WIdovc Present NEW YORK, Nov. 20. The Sultan of Morocco has presented ?5000 to -Mrs. Cooper, widow of the English missionary who was murdered by a native last month, and whose assassin was shot to death in front of a mosque on order of the Sultan. Colorado Hotel Destroyed. DENVER, Nov. 20. A special to the Republican from Montevlsta, Colo., says the Hotel Blanco has been destroyed by Bre. The loss is 575,000. The building be longed to the Travelers Insurance Company. IT' Strange Ways of Ore gon Officers. SELL SCHOOL LAND TWICE No Assurance That Title Is Good. INNOCENT PURCHASERS LOSE Instead of Trying to Keep Its Con veyances Good, State Enconrngcs Proceedings to .Vitiate Tliem in Interest of Speculators; SALEM. Nov. 20. (Special.) The pro ceedings for the creation of 100,000 acres of "base" in Eastern Oregon, made public through The Oregonlan dispatches from Baker City, disclose the further fact thatjhe State of Oregon has entered upon a policy .of attempting to avoid Its own deeds by using, as "base," lands which It has already sold. If the state shall contlnueits present course regard ing mineral base, titles to hundreds of tracts of school lands heretofore sold by the state will be rendered unsound arjd hereafter no man can claim title to school land through the mere fact that he has a deed from the state. As it is commonly expressed, tho state has begun sellingts land twice finst selling the land In place at $1 25 per acre, and then permitting base hunters to condemn the land' as mineral; whereupon the state renounces Its claim to the land, relinquishes it to the Government, selects other land in lieu of it and sells the lieu land to an other purchaser. The first purchaser Is ousted from possession and given back his 51 25 per acre, with interest at 6 per cent. "If a- private individual should do what the state is doing, he would' be branded as a fraud." said a. prominsnt man yester-, day, who has had considerable-to do with state land matters. If ythe state is to continue the policy now entered- upon, it should at once give notice to the general public that any man who accepts a conveyance of school land based upon a deed from the state must do so at the risk of being ousted by the state at sbme later time, unless he knows be yond question that there' Is no mineral upon the land. Ilovr Scheme la Worked. The manner in which a purchaser from the state may be ousted under this lieu land scheme may be stated in the form of an illustration: John Smith finds school 'land that he believes to be worth the price the state asks for it. He pays the amount required, and receives either a certificate of sale or a deed. He sells It to a newcomer from the East, and it passes through the hands of several per sons who rely upon the deed or certificate of sale from the state as an absolutely safe title. Finally some operator in "base" lands discovers that this land has mineral on it. Ho begins proceedings to adjudi cate Its mineral character, publishes his notices in some obscure paper, and gets his decision from the Federal Land De partment without the owner of the land knowing anything about It. This done, he asks the State Land Agent to permit him to use this land as "base," and the request Is granted. This land which has already been sold by the state Is then sur rendered by the state to the general Gov ernment, and the state takes other land Instead. Some new purchaser, who has paid the base hnnter $1 50 per acre for the base, gets a deed to the lieu land and the first purchaser finds himself a trespasser on Government land. If he will come to Salem and surrender his deed, the state will give him back his 51 25 per acre and interest, but he is out his improvements. This is a policy the state has recently adopted and It has been, brought to light by the protest made In Baker City. A large quantity of the 100,000 acres, which It .was sought to have adjudicated has al ready been sold by the state and In an swer to inquiries State Land Agent L. B Geer Informs The Oregonlan correspon dent that If the land should be declared to be mineral he would use It as base for the selection of lieu land. In other words, he would make application, over the sig nature of Governor Geer, to relinquish the state claim to this land, and take other, land Instead. On the face of It, this pro ceeding would seem to be a breach of faith with the first purchaser and The Oregonlan correspondent inquired how the state could lend Itself to such a scheme. Mr. Geer replied that the state never ac quires title to mineral land. The general Government gave the state every 16th and SGth section, except mineral lands, etc. Now, if a ICth or 3Gth section be mineral,, the state does not acquire title to it and cannot give title. A man who wants to buy school land should first ascertain whether it te minerl, and if it Is, he Js presumed to .know the law and should not buy It. State Doesn't Support Its Deeds. According to Mr. Gcer's view 'of the matter, the state does not give up the land nor take any part In the adjudi cation by which the land is declared to be mineral. Some private individual snows the facts to the Government land officials and the Government "wrests" the land from the state. Sincp the land has been "wrested" from the state, the state has a right to take other land In lieu of it, and has a right to sell the lieu land. "But don't you think the stae should protect the man- who holds a deed from the state, to the extent, at least, of chine the first purchaser nqtlce that the state is about to oust-him?" wrs asked. "The purchaser does have notice I through the publication .required by the Government land officials. This is all the notice that can be given. We do not have 'the 'address of the owner of tho land, and If the original certificate of sale has been assigned we do not even know who owns the land. The law re quires notice by publication, and that is air the holder of the'-certificate or deed is entitled to." "Then a man who buys land from the, eta to must read all the obscure country weekly papers near Ills land in order to know whether some man is trying to con demn his land as mineral?" "Ye3, sir." "Don't you think the state ought to protect its' purchasers-?" . "No, sir; the Government doesn't pro tect homesteaders or other, persons who take public land. If a man takes timber land under tho homestead laws he Is liable to lose it in a ctfntest In which his only notice is given through a newspaper. The state should tio no more than the Government does." ' Not Honorable Practice. This explanation seems to meet the ob jection to the' policy of dispossessing purchasera from the state, yet few will be found who will say that the state, is acting honorably toward those who hold Its deeds when it aids or quietly permits base hunters to step in and take the lands once sold. It would seem that the state should cither not give a deed in the first Instance, or, having given It, the state is in honor bound to defend that deed, at least to -the extent of refus ing to be a party to the proceedings by which it is made void. As quoted above. State Land Agent Geer says that the state Is not a party to the adjudication by which the land is "wrest ed" from the state. That may be true, but General W. H. Odell, who conducts the adjudication proceedings, has his desk -in the office of State Land Agent L. B. Geer, in the Statehouse, the state encourages the adjudication .proceedings and has recently raised the price of lieu land, excepting those lands secured upon mineral base adjudicated or In process of adjudication, and the Governor makes the application by which the lieu land Is se lected from the base thus created. Be sides all this the state makes $1 25 per acre by the transaction by which it throws out one purchaser and lets In an other. It may be that the state is not a party to the transaction, but the man who gets thrown out will always have a more or less persistent belief that the state had something to" do with the deal. General Odell tells The Oregonlan cor respondent that in adjudications upon the character of land, the question is not whether the land Is more valuable for its mineral deposits than for Its timber or agricultural resources. If the land can be shown to be mineral in character it will tie so declared, even though Ht may also carry a wealth of timber or be per fectly adapted to farming." A man who buys state school land is not safe, there fore, in ascertaining that the tract he wishes to buy is chiefly valuable for its timber, or that it will make a good farm. He must determine that it is not mineral land. In all the years that the state has been selling school land, it has never given purchasers warning that they must guard against buying land which has mineral upon It. The 'state has pretended to the public that It had a right to sell any school section, and school land has been bought and sold with 'that understand ing. Men who are in a position to know say that hundreds of tracts of school land have been sold because they had timber (Concluded on Page 12.) NOTED LAWYER WHO REPRESENTS THE COAL OPERATORS r WAYNE MAC VEAGH. t Among the lawyers who are representing the coal operators before the strike commission is Wayne MacVcagh. who has hud a distinguished career. He was born in Phoenlxvllle. Chester County. Pa.. April 10, 1S33. He was graduated at Yale In 1853. studied law, was admitted to the bar In 1S50, and. served as District Attorney for Chester County from 1659 to 1SG4. In 1862 he was Capjaln of cav alry when the Invasion of Pennsylvania was threatened, and In 1S63 he was chairman of tha Republican Central Committee of Pennsylvania, In 1870-71 he was United States Minister to Turkey, and In 1S72-73 was a member of the Pennsylvania Constitutional Convention. He was chief member of the "Mac Vcagh Commission" that was sent to LoueIana In 1877 by President Hayes to represent him unofficially and endeavor to bring the conflicting parties in that state to an understanding. In l&Sl he was appointed United Statc3 Attorney-General In the Cabinet of President Oarfleld. but rerlgned. with other member?, on the acces sion of President Arthur, and resumed his law practice "In Philadelphia. He re ceived the degree of 1L. D. from Amherrt In 18S1. He has been chairman of the Civil Service Reform Association of Philadelphia, and also chairman of the In dian Rlirhts Association of that city.' During the campaign of 1SS2 he ,cast oft his Republican party ties and participated In the campaign In behalf of the can didacy of Mr. Cleveland for the Presidency. He was rewardsd by the appoint ment of Ambasreidor to Italy, serving from 1S02 to 1807. Since then he has prac ticed law in TV ashlngton. D. C. PnfMTii Tfi nrr it I U uLI I Presidency of Washing- ton State Senate. COUP BY THE RAILROADS Pull Down Own '-Men; "Back Up King County. DISMAY IN THE nVBRIDE CAMP Plans of the Anti-Commission Forces Not Likely to Fail, Unless Senator Smith Should Witndravr In Or der to Help Preston. SEATTLE, Wash., Nov. 0. (Special.) Inthe .indorsement of Senator J. J. Smith, of King County, by the railroad forces for President of the Senate, the railroads have gained what Is considered a signa'i victory over Governor McBrlde. As a matter of t fact, the railroad managers seem to have executed the smoothest piece of good politics In the recent, po litical history of the state. They have, according to all surface Indications, exe cuted a coup d'etat, and the Governor is facing what seems to be certain defeat, so far as the organization of the Senate Is concerned. It was all done very smoothly and very quickly. Dr. Smith, who Is one of the youngest men of any prominence In state politics, was himself unaware of what was going on when his name was pre sented to the King County Senators last Saturday as a candidate for President of the Senate. Smith is friendly to the rail roads, and had all along believed that either Senator Hamilton, of Pierce, or J Senator Baker, of Klickitat, would be selected by the railroad managers for President of the Senate., Saturday after noon Senator Smith arrived here to attend a caucus of the Senators-elect from King. County. He was Informed that his name had been agreed on as a King County candidate for President." After a little discussion he agreed to run, backed by the seven Republican Senators' from King. This was done in the office of Senator Pre3ton, King County's candidate for the Senatorial toga. The story was imme diately wired over the state. Monday, at Tacoma, Senators Hamilton and Baker met in conference with the railroad man agers. The situation was talked over In detail. Senator Hamlltqn, while long de siring the Presidency in order to even up certain matters which have been standing since the last session between, himself ' and Governor McBrlde, declared his will ingness to get out of the race If thereby harmony would be promoted, and the de feat of the McBrlde commission bill be as sured. Senator Baker, who has long had aspirations to the honor of presiding over the deliberations of the Senate, after medi tating for some little time, announced hii willingness to sacrifice himself. It being clearly shown that King County, with seven votes, held the balance of power bot in the organization of the Senate and in the fate of the railroad commission bill. It was further shown that for the railroad forces to accept- Dr. Smith as President would be to give King County one of the choicest Legislative plums and would naturally place the King County Senators under obligations to the rail roads. Senators Baker and Hamilton, after the conference, went out together for a little heart-to-heart talk. Few words were spoken, and then It is related one Invited the other to take, a drink. This function being performed, together they signed a telegram to Senator Smith, announcing their joint withdrawal from the race for President of the Senate, and that they would support hirn. The full Import and significance of this move on the part of the railroads has not yet become thoroughly understood over the state, except among the politicians who are in close touch with events. There is no question that Senator Smith is op posed personally to the passage of the Mc Brlde commission bill, but neither the Governor nor his friends have the least fear that he will be fair In his rulings as the presiding officer of the Senate. Still his selection by the King County delegation as President of the Senate, and his Indorsement by the friends of Senators Hamilton and Baker, make his election practically certain, and this means that the railroad forces will obtain1 the prestige which goes with having succeeded in elect ing the President of the upper chamber. There is one phase of the matter, how ever, that remains to be examined. It is this fact, that in the resolution Indorsing Smith for the Presidency of the Senate by th; King County Senators, the follow ing language was used. The newly elected Republican State Senators from King County resolved. That we present the name of Senator J. J. Smith, of King County, as our candidate for the presidency of the State Senate, such candidacy to bo at all times subordinate to the candidacy of Harold Preston for the United Stataes Senatorshlp. Now, this resolution makes It obliga tory on Senator Smith to withdraw from the race if at any time between now and the organization of the Senate it shall be found that his election would handicap or injure Mr. Preston's interests. Since hLs indorsement by his colleagues from this county for the presidency. Senator Smith has several times told Mr. Preston that he would step aside if at any time he (Preston) believed it necessary to protect his Senatorial interestn. It is just possible, In view of these facts, that Governor BcBrlde. who hao not, yet given up his attempt to organ ize the Senate, will induce Mr. Preston to ask Senator Smith to get out of the race. The Governor is a very determined and a positive man. He Is one of the most aggressive fighters In the state, and. If all reports- from Olympxa are true, trie Governor 13 not at all pleased by the sway, things l)ave been going. He was par ticularly Incensed, it is said, at tne trick which the railroads played on him, and it is now stated by persons who should know, that the Governor is busy trying to undo the work of the anti-commission men. In the event that McBrlde is unable to gather any considerable strength for a candidate against Senator Smith for the presidency, it is not improbable that he may ask Senator Preston to pull the King County candidate off and thus re open the fight. Such action by the Gov ernor might result In a sacrifice of Mr. Preston's candidacy, and It is altogether doubtful whether or not the Governor would go to this extent In his fight against the rallroadE. Efforts are now being made by the friends of the Governor and of Mr. Pres ton to bring Senator Smith and Governor McBrlde together in order that an agree ment and understanding may be reached between them. Senator Smith and the Governor are close personal antl political friends, and it is believed that a satis factory understanding may be reached between them by which no opposition to Smith for president would appear next Winter at Olympla.l The line-up at present for the further organization of the Senate- seems to be Senator Hamilton as floor leader for the anti-commission force, as chairman of the committee on railroads; Senator Baker as chairman of the appropriation committee, and either Senator Clapp. of Jeffer son, or Senator Van Dc Vanter, of King, as chairman of the fisheries com mittee. GRINDS CANADIAN WHEAT Project of Minneapolis Mill Itc aulres 150,000 Bond. ST. PAUL, Nov.To. One of the big milling companies of Minneapolis bonded- one of Its mills for an indefinite period to grind nothing but Canadian wheat. The bond demanded by the Custom-House and given today is for $50,000. According to the terms of the bond the mill shall have continually within its walls Gov ernment storekeepers, who will see that only Canadian grain Is used. The grain will be delivered to the mills in cars from Canada, which will be In charge of Cus-tom-House men. The entire product of the mill, flour, bran and shorts will be loaded Into bonded cars and will be taken East for shipment entire to Liverpool.' The custom heretofore was to ship the grain from the Canadian Northwest bonded through the United States to Liv erpool. The grinding of the grain in Min neapolis instead of in England will create a great saving in the expense of transit to Europe. JOHN HANCOCK'S ESTATE Seeks to Recover Money Lost in Revolutionary "War. NEW YORK, Nov. 20. An attorney of the city has filed a petition, says a Bos ton dispatch to the Times, asking that he be appointed administrator of the estate of- John Hancock, the Revolutionary pa triot. John Hancock, late in the JSth century, was to soma extent an underwriter, tak ing insurance risks on vessels out of the port of Boston at the time when, re lations between France and this country were strained. Some of the vessels so insured by Hancock were captured by French privateers and condemned in the French prize courts. The underwriters had to pay the insurance, and Hancock, like many others, was a loser In this way. The purpose of the appointment of an administrator Is to recover from the United States the money which John Han cock was compelled to pay. New Crisis in Peru. LIMA, Peru, Nov. 20. It is reported that a crisis has occurred In the Peruvian Cab inet, the composition of which was an nounced November 5 Walla Walla .Man Makes Rich Bequest, TO BUILD A FINE HOME Late J. S. Stubblefiold Leaves Estate of $100,000. CmZINS MUST RAISE $10,000 Orphans and Wldow.i of Oregon and "Washington to Be Generouslj Provicjed For Hovtr Trus tees' Are to Be Xanied. WALLA WALLA. Wash., Nov. 20. The will of' the late Joseph L. Stubblefield. which was filed for probate In the Wallo Walla courts today, sets aside the sum of'5100.0C0 of the estate for the mainte nance of an orphans' home in or near thia city, provided an additional 10,CGO i3 raised for the purpose of securing suitable grounds and the erection of buildings. In case the provisional sum is not raised within a year, the trustees of the home may take the asylum to any other place in the States of Oregon or Washington. The will al3o provides for the educating and the teaching of some useful trade or occupation to the children inmates. The leading ministers, members of the City Council and prominent business men ex press themselves as highly favoring the plan, and they declare- the $10,000 will be easily raised. The clause relating to the 'inmates of the asylum is as follows: "For the support of a home for the fatherless or motherless and Indigent children residents of the States, of Oregon and Washington, and worthy elderly indi gent widows, residents of Oregon and Washington, and to their maintenance and to the giving of, a common school educa tion and the teaching of some useful trade or occupation to ;heir children Inmates." In case of the death or resignation of a trustee, his successor shall be selected by the Commissioners of Walla Walla and Umatilla Counties, with the consent of the other two trustees. It Is the de sire of the testator that not more than two of the trustees reside in one state. For good and sufficient cause the Board of County Commissioners may, by a two thirds vote of each body, remove a trus tee. Not more than two can be removed until another is appointed. The widow is provided for by a bequest of $6000, and SO other heirs are remembered to the extent of $30,000 in sums ranging from $25 to $2500. Joseph L. Stubblefield died last Sunday at the age of S4 years. He came to the Pacific Coast In the early '60s. and at the time of his death owned extensive farm ing Interests just over the Oregon line in what is known as the Cottonwood country. His estate is estimated to be worth in .the neighborhood of $2C0,C00. The will was drawn up May 9, 1902. but its contents were not made known until today. R. M. Dorothy and E. H. Reeser, of Umatilla County, Oregon, and C. M. Rader. of Walla Walla, are named as the executors of the will and as the trustees of the home, with full power to act. These gentlemen will meet riext Monday to for mulate plans. CONTENTS OF TODAY'S PAPER- Foreign. M. Jusscrand, the new French Ambassador to the United States, talks of American men and affairs. Page 11. Venezuela complains of European governments aiding her revolutionists. Page 11. King Leopold speaks of the recent attempt on his life In significant manner. Page 11. Domestic. Phy? iclans . testify that ccal mining Is un- healthful occupation. Page 3. By a close vote the American Federation of Labor rejected Socialism. Page 5. President Roosevelt made rapid run through Tcnnersee. and will reach Washington this morning, rage 11. An active campaign for tariff revision will ba taken up at the beginning of the session of Congress. Page 2. Director Kennedy, of the Northern Securities Company, admitted the merger which tho State of Minnesota alleges Is Illegal. Page 3. Carrie Nation creates a sensation at the New York horse show. Page 5. Pncific Coast. Policy of Oreron Board Is to void Its own deeds for rchool lands. Page 1. September fires cost Orencn and Washington $12.7G7,(KK. according to estimate of Bureau of Forestry. Page 2. Local plans for improvement of Portland Post- ofli'ce are disapproved at Washington. Pago 2. Alameda Mole suffers fire loss of $500,000. Pace 4. Candidacy of Senator Smith for Presidency of the Washington State Senate Is backed up by the railroads. Page 1. J. L. Stubblefield. of Walla Walla, bequeaths $100,UOO for orphans' and widows' home. Page 1. Hotel Mearham Is burned to the ground. Page 4. Fierce gale sweeps San Francisco Bay. Page 4. Commercial and Mnrlne. -Top mark reached In Portland- hop market. Page 13. Stocks of grain rapidly accumulating In Europe. Page 13. Manhattan again the feature of New York stock market. Pace 13. Steamer Elder sails for San Francisco. Page 11. Portland and Vicinity. Irrigation delegates gratified at success of con vention. Page 10. Livestock Association to work for National meeting In 1004. Page 14. Gamblers playing keno for drinks and clgara are acquitted. Page 14. H. E. Ferguson suea Brown & McCabe for $ir.000 damages. Page S. Washington Chapter, Royal Arch Masons, at banquet. Page 8. , H. E. Dosch urges speed In preparing Osaka exhibit. Page 10.