PAGES 1 1 TO 20
PART TWO
ST0. 13,732.
VOL. XXIIL
PORTLAIST), OREGON, TUESDAY, DECEMBER IS, 1904.
TO
BET CANAL
Oregon City Works May
Be Condemned.
FULTON TO FATHER BILL
He Hopes to Get It in River
and Harbor Measure.
NATION HAS RIGHT TO BUILD
District Attorney Hall Reports There
Are No Legal Impediments to Con
struction of Waterway on Op
posite Side of River.
OREGONIAN NEWS BUREAU, Wash
Jngton, D. C Dec. 12. Based on a. report
of United States Attorney Hall, sent to
Conrrcss today by tne Secretary of War,
Senator Fulton intends to Introduce
a bill authorizing the Government to
acquire by condemnation the canal and
locks owned and operated by the Portland
General Electric Company at Willamette
Falls. The Board of Engineers, which
made an examination of this canal two
years ago, reports there is sufficient water
in the river even at tho lowest siage, to
meet tho demands of commerce and to
supply power for the several manuiac
turing establishments now located at Ore
gon City.
District Attorney Hall, reporting on the
legal questions, says if the Government
desires to acquire this canal, the mea
sure of damage would be the actual 'pres
ent and prospective value of the locks,
together with the damage suffered by de
priving the owners of the right to take
water therefrom for manufacturing or
other commercial purposes."
Already, based on these reports, Sena
tor Fulton has secured a promise from
Representative Jones to endeavor to se
cure a provision in the river and harbor
bill, now being framed, authorizing the
purchase of the electric company's canal
after condemnation. Representative Jones
will base his demands oh Senator Fulton's
bill, which wHl probably fix the limit of
the cost -of the canal at $600,000 or $00,000.
While the reports submitted today offer
the alternative,, of constructing: a newv
canal on the opposite side of the liver, it
Is believed the best proposition is to ac
quire tho existing canal arid , rebuild it.
The Engineer Board which made the ex
amination two years ago finds that only
2 per cent of the total low-water dis
charge of the river is now or will here
after be required for navigation. There
fore, says the board, tho use of water
necessary for navigation would not Injure
manufacturing enterprises at present op
erated or In contemplation, provided the
canal supplying power is entirely separate
from the canal for navigation purposes.
At high water, the proposition of water
used by the canal would be absolutely
Inappreciable.
"If the United States purchases this
canal and operates It under present con
ditions," says the board, "there would be
Interference either with navigation or
manufacturing enterprises, but this inter
ference could be obviated cither by build
ing a dividing wall to separate the navi
gation from the power canal, or by the
necessary power being supplied electrical
ly or otherwise to factories which now
draw water direct from the canal."
District Attorney Hall says neither the
Portland General Electric Company or
any other person; except the United
States, for the purposes of commerce, has
anj valid and existing right to "full., free
and continuous use of the waters of the
Willamette Rlvor for the use of manu
facturing enterprises now located on their
property." His report then continues
"The United States has the absolute
right to the entire flow of waters of
the Willamette River, and may. In the
exercise of this right, close up one
channel and divert the entire flow Into
another for the purpose of improve
aient
"I am thoroughly convinced that if
authorized by Congress the tUnlted
States would have authority to con
struct at Oregon City Falls, between
high and low-water mark, locks and
canals and other improvements, and
If It should result In Injury to the
riparian owners or to the canals and
locks owned by private individuals,
that, while their damage might be very
great, they would have no remedy
against the United States. If, however,
it should become necessary In tho con
struction of such work by the Govern
ment to utilize the land of private in
dlviduals above high-water mark, such
land would have to be acquired by con
demnatlon."
The Board of Engineer Officers which
made Investigation five years ago re
ported that the canal of the Portland
General Electric Company was worth
$310,500. The canal originally cost $314,300,
and the right of way $33,000. It would
require $358,000 to put the canal in com
plete repair.
This board selected two sites on the
opposite side of the river where it believes
the Government can build a new canal at
a cost of not over $456,000. To this board
President P. F. Morey, of the Portland
General Electric Company, offered to sell
their canal for $1,250,000, but the board
considers this price excessive and recom
mends that it not be accepted.
This board also estimated the value of
tho Portland Electric Company's canal,
on a business basis, fixing $421,000 as the
limit, calculated on its annual earnings,
amounting to $21,000. In consequence this
board said:
"Public Interests will not justify the
X'nlted States In acquiring possession of
the present canal unless the total cost
shall not exceed $456,000. If satisfactory
terms cannot bo arranged for acquiring
the old canal, the board recommends tho
construction of a new canal at an esti-
mated.;cost of $455,000."
MAY BE BEGINNING OF END.
Fight for an Open River Has Been
Waged for Five or Six Years.
The report of District Attorney Hall,
and the possible action of Senator Fulton
in presenting a bill authorizing the con
struction of a new canal across from the
locks now owned by the Portland General
Electric Company, is perhaps the begin
ning of the end of the long fight that has
been led by the Portland Chamber of
Commerce for an open river for the past
five or six years.
The plan to open the river was started
originally by the Chamber of Commerce
and It was through its efforts that the
Government was Induced to send a com
mittee of inspection to look into tho feasi
bility of purchasing the locks. Owing to
the great price asked for the property by
the electric company the matter was al
lowed to lag by the Government until it
was again revived by the efforts of a com
mittee of the Chamber of Commerce con
sisting of five members of the organiza
tion. This committee made a searching
investigation into the feasibility of the
plan and reported that in its judgment the
Government should be asked to take some
immediate action for the good of the com
merce of the Willamette "Valley. The
Chamber of Commerce thereupon passed
resolutions which were presented to the
Oregon delegation in Congress asking that
the matter be led into the proper channels
at Washington. The delegation agreed to
do this and apparently has kept Its
promise. CUSHMAN REFUSES HIM AID.
Young Man Twice Dropped at West
Point Desires a Third Trial.
OREGONIAN NEWS BUREAU, Waslfc
ington, Dec. 12. James H. McCool, of
Walla Walla, twice appointed to West
Point Military Academy, once dropped
for failure in studies and again for vio
lation of rules, was here today appealing
to Representative Cushman to have him
reappointed again. Having given him two
trials, Cushman refuses to help McCool.
McCool today reached the age limit, and
is now forever ineligible for appointment
to the academy.
Favors Opening of Lands.
OREGONIAN NEWS BUREAU, Wash
ington, Dec 12. Senator Gamble today
made a favorable report on Representa
tive Jones' bill opening to settlement the
"unallotted lands of the Yakima Indian
reservation, Washington, on lines recent
ly reviewed in these dispatches. Senator
Foster will endeavor to have the bill
passed this week.
North Yakima Is Favored.
OREGONIAN NEWS BUREAU, Wash
ington, Dec. 12. At the request of Repre
sentative Jones, North Yakima has been
designated as a point where civil service
examinations will hereafter be held.
Representative Humphrey today recom
mended the appointment of Dr. James
Chlsholm on the Board of Pension Ex
aminers at Everett.
Richards Back In Washington.
OREGONIAN NEWS BUREAU, Wash
ington, Dec. 12. Land Commissioner
Richardson returned from Portland today.
He does not care to discuss the land fraud
cases, though he says a very strong case
was made out against ths parties con
victed last' week.
TAKEAfiEWTAGK
Attorneys For Defense
File Pleas.
SEEK TO PREVENT TRIALS
Contend That Clients Cannot Be
Placed in Jeopardy Again.
ONCE TRIED FOR CONSPIRACY
United States District Attorney Hall
Will Contend That Two Separate
and Distinct Crimes Have
Been Charged.
There is. a .little shift in the efforts of
the defense In the case of the" United
States vs. Marie I. Ware, Horace G. Mc
Klnley et at, which was to have come to
a head yesterday afternoon, but which,
owing to the non-appearance of Judge
Bellinger, will have to be made at the
opening of the case this morning.
Charles A. Hardy, representing Miss
Ware, has filed with the court a plea of
former acquittal, and this will be argued,
or at least disposed of by the court, before
the case now pending Is proceeded with.
Mr. Hardy in his plea holds that since
Miss Wrare was indicted by the grand jury
for conspiracy to defraud the United
States out of a part of its public lands,
and was tried on that indictment and,
upon motion of the prosecution, was ac
quitted, such procedure and such acquittal
forms a bar against further prosecution
on the same charge, under the rule of law
which provides that a defendant cannot be
placed twice in jeopardy for the same
offense. In other words, the attorney con
tends that since Miss Ware was once
tried and acquitted for the crime of con
spiracy that she cannot, under the law,
be tried again for the same crime.
Pleas to Be Argued Today.
Judge Thomas O'Day, representing the
other defendants in conjunction with
Lawrence F. Puter, will file a plea of
former conviction this morning In behalf
of S. A. D. Puter. Emma Lw Watson and
Horace G. McKlnley. This plea will be
substantially the same as the preceding
one for Miss Ware, it being contended by
the attorneys that since the defendants
concerned were once convicted for con
spiracy to defraud the Government out of
its public lands, they cannot therefore un
der the law be again tried for that offense.
District Attorney Hall, on thev other
hand, declares that the contention Is non
sense, and an obvious attempt to win pro
tection for the defendants through a
strained point of law. He cites the fact
that In the previous case the allegation
was not simply conspiracy to defraud the
Government out of public lands, but "out
of public lands situated in township 11
south of range 7 cast." In the trial of
the case the court would not allow any
evidence tending to show conspiracy to
defraud the Government out of any lands
other than those in that township. The
SCENE SHOVING SLAUGHTERED SHEEP NEAR WILLOW
conspiracy charged In the pending trial Is
also alleged to have been formed subse
quent to the one upon which conviction
has Just been had and is for conspiracy to
defraud the Government out of different
lands. It Is therefore evident, according,
to Mr. Hall, that two separate and dis
tinct crimes, or conspiracies', have been
charged, which makes the pleas of the
defense of no effect and void.
These contentions will be decided by the
court this morning, and in the event of
their being overruled by Judge Bellinger,
the case at Issue will be at once com
menced upon.
Changes In Attorneys.
There has also been a shifting in the
attorneys for the defense. Judge Martin
I.. Pipes and A. C. Woodcock, of Eugene,
have withdrawn from the case. Both of
the attorneys, in announcing their with
drawal Np the attorneys for the prosecu
tion, stato. that their regular and private
business will not permit them longer to
give their attention to the cases now on
trial. Judge Pipes was asked why he
had withdrawn.
"I am under an avalanche of business,"
he replied. "You know I have other
clients." he added, smiling quaintly, "and
In justice to them I cannot see my way
clear to allow my regular business to be
neglected. For that reason I have been
compelled to withdraw."
Charles A. Hardy, In behalf of Mr.
Woodcock, states that the latter has been
compelled to remain at home owing to the
great accumulation of business at his of
fice there. As it now stands, Mr. Hardy
will represent Marie Ware. Judge O'Day
will represent Guy Huff and both I F.
Puter and Judge O'Day will represent the.
other defendants.
Guy Huff, who has been endeavoring to
secure a bond of $2000 for the conspiracy
case and one of $4000 for the charge of
forgery hanging over him, has been un
able to provide bondsmen satisfactory to
the prosecuting attorneys and Is there
fore in jail. Huff was arraigned yester
day mornfng and pleaded not guilty to
the charges placed against him in the in
dictments. He will, as the John Doe In
the conspiracy case, come to trial this
morning, while the charge of forgery
against him will be tried at a subsequent
date.
LEGISLATORS C0MET0 PORTLAND
J. C. Cboper's Term as Mayor Will
Expire Before Legislature Meets.
Three members of the lower house of
the Oregon Legislature came to town yes
terday -J. S. Cooper, of Independence,
Polk County, who, by the way, Is Mayor
of his town as well as lawmaker for Polk
and Lincoln Counties; W. K. Newell, of
DIHey, Washington County, who is also a
member of the State Board of Horticul
ture, and who will be one of the chief
guardians of orchard Interests at Salem
next month, and C- C Kuney, of Wasco;
Sherman County. Messrs. Dllley and Ku
ney are at the Perkins; Mayor Cooper is
at the Imperial.
"How can I hold two offices at once?"
responded Mr. Cooper to a persistent in
quiry on that point. "Well," and His
Honor conquered hla embarrassment very
prettily, "you see. It Is this way," and
proceeded to tell how It was.
Be It known that the constitution of
Oregon does not inhibit Mr. Cooper from
sitting in the Legislature even while
Mayor of Independence, for his station of
Mayor te not a "lucrative office"; indeed,
Mr. Cooper has not been drawing any
salary whatever as executive head of the
City of Independence. If he were Mayor
of Portland, however, hsucould toot sit in
the Legislative -Assembly. But, even if
Independence did attach a rich salary to
the office of Mayor, this would not dis
qualify Mr. Cooper, since his tenure of the
executive seat will expire five days before
he shall take his place along with the 59
other saints In the House of Representa
tives. Mr. Cooper said that he had been too
busy to think up bills for legislation just
yet, but that he would go about that
duty right away, for he had several Ideas
which he believed would serve well in the
statutes.
WOMEN BATTL
Army Canteen Supplies
the Issue,
CONGRESS WILL BE FIELD
Members of the Arnjy and
; Navy League on 0naSidec
W. C. T. U; ON THE. OTHER
Congressman Hull, of Iowa, to Bring
Forces Out In Open This Week bV
Introducing Bill to Restore .
Post Exchange.
WASHINGTON. Dec. 12. (Special.)
An Homeric struggle Is about to begin
between the women of the Army arid
Navy League and the Women's Chris
tian Temperance Union, on the subject
of the Army canteen. Washington will
be the battlefield, because Congress is tq
be the final arbiter; but the opposing
forces will be organized in every large
center in the United States. It will be
a battle to the death, on one side women
who spend their entire time endeavor
ing to ameliorate the condition of the
enlisted men of the Army and Navy, and
on the other women who represent the
cause of temperance or total abstinence
in the most uncompromising fashion.
The struggle grows out of . a resolution
which Mrs. Kelton, widow of General
John C. Kelton, an ex-Adjutant-General
of the Army, Introduced at the Novem
ber meeting of the Army and Navy
League, held In this city at the Church
of the Covenant. The resolution was as
follows:
"Whereaa, Through a misapplied real and
lack of appreciation and understanding as to
the reasons why canteens or post exchanges
were originally established- at Army posts, as
well as a misconception of the manner of
conducting the sales of beer; and. whereas.
three years test forbidding the sale of beer
or light wines on any Government reservation
has proven detrimental rather than beneficial
to the enlisted men; and whereas, the .Women's
Christian Temperance Union has influenced the
Congress of the United States to abolish the
canteen by the act of Fcbruory 2, 1001; be it
here
Resolved. That the women of the Women's
Army and Jfavy League, whose object has
been for 17 years to work for the general wel
fare, the contentment and amusement of our
soldiers and sailors, shall present to tho next
session of Congress x petition urging that the
canteen Or post exchange, with the same con
ditions as to restricted sale of beer and light
wlneo as existed prior to February 2, 1C01, be
restored at an early date.
Mrs. Kclton's resolution was carried
amidst tremendous applause. The presl
dent of the league, Mrs. George M. Stern
berg, wife of the ex-Surgcon-General of
the Army, asked If they would have any
discussion of the subject or If there were
any dissenters. More than a hundred
women were present, but no one offered
an objection which is In itself a note
worthy Incident, and one without paral
CREEK, CENTRAL OREGON
lel In the history of feminine 'gatherings
at the National Capital.
' The Army and Navy League not only
passed the resolutioln. but it appointed
Mrs. Sternberg and Mrs. Kelton a com
mittee to secure the signatures of every
member of the league and of other prom
inent men and women who- favor the
restoration of the canteen. The peti
tion, it is asserted, will bear tho name
of the Secretary of War and of the
entire Army staff, and it will be pre
sented to Congress, probably about the
middle of the present week, by .Repre
sentative Hull, of Iowa, chairman of the
House committee on- military affairs.
Appended to the petition will be the parts
of General Chaffee s report to the bee re -
tary of War, whlcih bear on the resora-
tion of the canteen. In this report, which
was submitted about December 1, the
Army chief of staff devotes about 1
page3 -to arguments in favor of Mrs
Kelton's crusade.
The Army and Navy League was or
ganized nearly 18 years ago, and Its
members labor faithfully to elevate the
enlisted men and to provide suitable
amusements. In this city the league
maintains a hospital and a training school
for cooks, and a diet kitchen for invalid
soldiers. Tho women who compose the
organization are mostly wives, daughters
or mothers of officers in the Army and
Navy, and they consider themselves abun
dantly provided with experience to. judge
what is best for soldiers and sailors, xo
quote the words of Mrs. Kelton:
"We consider that the Women's Christ,
tlan Temperance Union is not" In the same
position to judge what is .best for the j
enlisted men. Ite work in abolishing the
canteen was the worst formjof the intem
perate use of authority. I speak with the
authority of hundreds of women who
work day and night for the soldiers when
I say that many a good and promising
young man has been sent to his ruin
because ho was not safeguarded as he
would be In the post. Our hospitals are
filled with men 111 with loathsome dis
eases, contracted from vile liquors and
from the vile associations which naturally
follow the intoxication caused by this
species of Intoxicants. When the canteen
.was In force not a bed In our wards had
such a patient. "For three years the W. C.
T. u. has been given a chance to show
the results of its work. It has been the
saddest kind of a failure. Now we are
fighting for the welfare of the enlisted
men, and we will rally such a force
around us that Congress cannot refuse to
grant our request. In addition to our own
forces, we have such men as Archbishop
Ireland working for the same end with
all the power of the Catholic Church, and.
such men as Bishop Potter, 'who has be
hind him the prestige of great work done
along temperance lines." f
Tho Woman's Christian Temperance
Union has accepted the challenge and Is
marshaling its forces. The question came
up too late to be considered at the annual
meeting In Philadelphia, but the National
officers stationed here are preparing a
programme which will Include work at
even' temperance center In the country.
They believe they acted wlselv In getting
Congress to abolish the canteen, and they
will bring Army men to support their
arguments. Chief among the anti-canteen
soldiers is General Miles, who recently set
forth his views in a letter to Secretary
Taft,
"It is with deep astonishment and sin
cere regret." said Mrs. Sarah D. La Fetra,
one of the most prominent temperance
workers In Washington, "that we learned
of the resolution Introduced by Mrs. Kel
ton and of the steps which the Army and
Navy League is taking toward the res
toration of the canteen. We believe we
acted for the good of the soldier as well
as for the cause of temperance, and we
can rallv around us nower enough to
make our work good."
Such Is the shibboleth between these two
powerful organizations, and public men
are preparing to be roasted between two
fires. Numerically the W. C. T. U. is in
finitely more potent than the league. The
temperance organization numbera into the
hundreds of thousands, whereas the
league has less than 1000 members. But
the league members claim to speak as
experts on the subject of what is beneficial
for the enlisted men, and as such they
will command respectful attention.
LEARN IN SECRET
Detectives to Solve the
Range Mysteries,
LIVE WITH THE MURDERERS
Governor, Chamberlain Has
Plan of Campaign.
NO FUNDS AT HIS DISPOSAL
Private Letter From Crook County
Tells Executive New "Dead Lines'
Have Been Established by
Cattlemen Against Sheep;.
SALEM, Or., Dec. 12. (Special.) Tho
creation of an emergency fund, which-the
Governor may use at his discretion, is the
only remedy Governor Chamberlain Fees
for the range troubles In Crook and other
Central Oregon counties.
Nothing has ever come of the Governor's
offer of a $2500 reward last Spring for the
arrest of the men who murdered Creed
Conn at Silver Lake, or the reward of 5300
each for the arrest of the men who killed
sheep In Lake County. Neither the Sheriff
nor District Attorney, so far as known,
paid any attention to the offer of reward,
for neither even acknowledged receipt of
the Governor's letter.
"The only way I can see to remedy the
situation," said Governor Chamberlain to
day, "is for the Legislature to place
money at my disposal so that I can em
ploy Secret Service men to go to the
neighborhood of the trouble and sUy
there until the guilty persons can be lo
cated, and evidence enough secured to
convict them. To send out militia would
do no good. The men who do the shootlns
may be In Crook County today and In
Lake or Harney or Wasco tomorrow or
next day. They would commit no offense
while officers of the law were around.
They travel long distances In a wild,
thinly-settled country, and commit their
crimes when there Is no one near except
a defenseless sheepherder. They are
masked and cannot be identified. The only
way that I can see to bring them to jus
tice Is to send Secret Service men to live
among them, learn their ways and follow
thair movements until they have evidence
that will convict them. There is not now
a single dollar which the Governor is au
thorized to expend for the purpose I men
tion."
The Governor has recently received sev
eral personal and confidential letters from
a- resident of Crook County, telling him
of the reign of outlawry In'that section of
the state. The name of the informant ts
not made public for the reason, that the
outlaws would "burn his property, kill his
sheep and perhaps assassinate him if they,
knew who made the complaint.
New Dead Lines.
According to the letters received by the
Governor, the cattlemen have recently es
tablished new "dead lines" to be observed
this Winter, and have announced the in
tention to shoot all sheep found on the
public domain in the territory which they
have selected for their cattle. In some
instances the territory they havo selected
Includes land upon which sheepmen havo
grazed flocks for years unmolested.
The informant says that cattlemen havo
fenced whole townships of thcpubllc do
main and hold It for rent to men who need
It for the grazing. This man Implores the
Governor to come to the aid of the law
abiding sheepmen, for the coming "Winter
promises to be worse than any previous
time for outlawry of the kind mentioned.
He does not point out anything In par
ticular that tho Governor could do to pro
tect the owners of sheep, but believes that
these men are entitled to some measure of
protection from the civil law, which they
pay taxes to support
Governor Chamberlain says he will rec
ommend In his message that the Legisla
ture create an emergency fund that can
be used in cases of this kind, or for any
purpose that the Governor may deem ad'
visable.
CONFERS WITH AGENTS..
A. L. Craig Discusses Plans for Hand'
ling Traffic During Fair.
A. L. Craig, general freight and passen
ger agent of the O. R. & N., had a little
reunion In his office yesterday, when he
entertained 15 of the traffic representa
tives of the road from various districts.
Mr. Craig Is trying to figure out just
what to do with the people who want to
see the Lewis and Clark Fair during the
coming Summer, and he has therefore
called Into consultation all of the general
agents along the line of his road to ask
their advice and learn from them the con
ditions that will govern the traffic from
each section. When these things have
all been gone over, some plan will be
mapped out for serving the people of the
O. R. & N. territory with the best possi
ble accommodations in the way of excur
sions and train facilities that can be pro
vided by the company during the Fair.
Among those who attended the confer
ence yesterday were: J. H. O'Neill and
J. R. Nagel, traveling passenger agents;
R. Burns, general agent at Walla Walla;
C. W. Mount, general agent at Lewiston,
Idaho ; George J. Mohler, general agent at
Spokane, Wash.; C. A. Newell, commer
cial agent at Wallace, Idaho, and the fol.
lowing agents: W. E. Nixon. The Dalles;
E. C. Smith, Pendleton; E. C. Moore, La
Grande; W. P. Lawrence, Baker City; F.
C. Hindle, Dayton. Wash.; and W. C.
Wilkes, Moscow, Idaho.
Handsome American Building Opened
ST. PETERSBURG. Dec. 12. A building
erected by an American sewing machine
company, the handsomest structure in
Russia, 11 stories high and built of gran
ite, was opened today. It is the first
building in the empire in which the
American steel construction system has
been used.