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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 24, 1905)
THE MORNIKG OREGOmAtf, TUESDAY, ASTOASY 2i, 1905.
SHUT OUT SETTLERS
Charge Made Against Butte
OFfJCJAS MAY BE INDICTED
Men Who Fenced the Public Range,
It Is Alleged, Have Long Been
Shielded by Powerful Po
The -work of the Federal grand jury
rtvas quiet yesterday and will be for a
day or bo, until Mr. Heney, the director
of the investigations, recovers from an
attack of the grip and is able once
more to assume charge of the Govern
The District Attorney was able to
finish the -work of yesterday, but at the
adjournment hour nnt lmmediatelyto
bed and Dr. Mackenzie was called to
attend him. It is promised that the
sickness can be driven away In a cou
ple of days at the latest.
Yesterday was spent in examining
the witnesses from Fossil who are
here to tell of the workings of the
Butte Creek Land & Livestock Com
pany. W. W. Banks, Assistant Dis
trict Attorney, will continue the work
in the same direction today and will
in all probability be able to finish with
the witnesses called. If so, the exam
inations into the Butte Creek case will
have been finished. Whether or not
indictments will be returned at once is
unknown, though it is supposed that
the documents will not be made public
until the batch now being prepared is
entirely finished and ready to return
to the court.
Investigate Butte Creek Holdings.
The trouble resultant from the opera
tions of the Butte Creek Company has
been brewing for some six years. In 1839
the company built fences throughout the
country around Fossil and practically
chut the smaller settlers and landholders
out of any land other than their own
holdings, and even left no egress there.
Complaints began to pour Into the offices
of the District Attorney and of the Com
missioner of the General Land Office, and,
In October, 1903, a civil suit was com
menced against the Butte Creek Company
In the Federal Court.
The case was held up on a demurrer to
the complaint in March, 1904. About this
time, however while the case was pend
ing, a partial agreement was reached be
tween John Hall. District Attorney, and
the representatives of the company, by
which the company was to take down
some of the fences built and thus remove
the cause of Bull.
In August, 1901. however, more com
plaints began to pour into the office of the
District Attorney, and he sent a special
agent out to investigate whether or not
the company had fulfilled its part of the
agreement. This official reported that
none of the fences had been taken down,
and then Mr. Hall made up hia mind to
indict, at the October term of court, the
officers of the company ex-State Senator
W. W. Stelwer. H. H. Hendricks, and
others. F P. Mays was the attorney for
the company, and he went to Hall, so it is
eaid, asking him not to indict the offi
cers, especially Stelwer, but Hall was ob
durate, and still said he would bring them
all to book for having violated the law
and neglected their agreement to amend.
Attempt to Shield Declared.
Mr. Maya, not being able to do anything
to change Mr. Hall's determination, went
to prominent politicians, it Is said, and
enlisted their support. One of the Oregon
delegation, so it is said, went to Mr. Hall
and told the District Attorney that he
would not permit Senator Stelwer to be
disgraced by criminal indictment; that if
he wanted to bring an action, to bring a
civil one, but that no criminal proceed
ings should be commenced. The case was
then dropped for the time, and is now
pending in court under the originnl civil
suit of 1903.
Gillman and French on the Grill.
As Foon as the Butt.c Creek case is fln
irhed the affairs of the Gillman and
French Company, of The Dalles, will be
brought under the limelight, so it is said.
This company is reported to have prac
tically surrounded the whole of "Wheeler
County with its fences so that the settlers
have no upc of the range not given by the
The scheme of these companies is to
have employes take up a string of claims
in a big square, enclosing thousands of
acres of Government lands. These claims
are then fenced and the Government lands
are enclosed. Those taking land inside of
the outer circle have no means of getting
either in or out and are subjected to
many inconveniences and abuses by the
men working for the company until many
of them abandon their claims. The Butte
Creek Company has one pasture contain
ing 23.000 acres fenced in the manner in
dicated, and controls six smaller ones.
It is the intention of the Government to
indict all of those companies in the state
which have been fencing lands to the ex
clusion of settlers.
George Sorenson yesterday filed hts
bond of $4000. required under his Indict
ment for perjury, with the clerk of the
Federal Court. The bond was signed by
the Fidelity Guaranty and Trust Com
panv of New York, the same company al
ready having signed one bond for S4000.
Sorenson is now under $12,000 for three
cases in the Federal Court, one for con
spiracy, one for bribery and one for per
jury. IN THE SHADOW
OF THE BARS
BY RICHARD ROE.
THERE was once a time when Robert
could write a cbeck In four figures.
He can yet but he doesn't.
The other evening Robert began to make
the rounds of the thirst emporiums. 'Be
fore he had finished he was aware that the
number of emporiums was so great that
his stock of the necessary would not last
the round. Then Robert began to plan.
Ho was standing on the corner of Third
and Burnsldo streets when he "began to
plan. So was Officer Endicott. Robert re
membered that he know a bartender In
the vicinity, and to the bartender he Jour
neyed. But the bartender announced that
the boss had given orders that no credit
was to be extended in Robert's case.
Hence Robert once more wandered Into
Officer Endicott was still standing oa
the corner. He had an eye on -Robert. He
Sad seen Robert before. He watched Rob
ert as that individual took from his pocket
a. blank check. He saw Robert scribble
on the check with the stub of a lead pen
cil. He saw this same Robert enter an
other- thirst emporium and the officer fol
lowed to be in at the death.
"Cash thlsr Robert asked the man who
wore the apron. '
Robert was interrupted.
"Come with me," said a sepulchral voice
la his ear. He turned and saw Officer
"What for?" demanded Robert.
"You ought to know better than to at
tempt to work a bogus check," replied the
officer, and there was deep scorn In his.
"Bogus check!" exclaimed Robert. Then
Officer Endicott asked to see the paper.
His Jaw dropped. This is what he read;
""I owe this dump Jl for drinks received.'
"Thas aright.' stammered Robert. "I
cn write check In lour, figures. Ain't
goia do it, though. Cos me three years
"He does this frequently, you know,"
the bartender explained. "We Just keep
these to prove to him afterward that he
really got the drinks. It's all right, of
ficer." Then Officer Endicott turned and walked
from the room with fixed and glistening
eyes thinking of the manual and the "sys
tem." Once outside in the dark both
manual and system were forgotten and
Officer Endicott risked a fine by breaking
into a prolonged roar.
EASTERN BAHK0ADEE HERE,
New York Central Official Talks of'
Lewis and Clark Exposition.
John Gill. Pacific Coast freight agent of
the New York Central lines. Is In the city
for a short visit, looking over bis field.
Mr. Gill will, on leaving Portland, visit the
cities of Puget Sound and will return to
Portland again on his return to his bead-
quarters at San Francisco. . '
The visitor Is just returning .from a trip-
through the East and tells many incidents
to show how well the Lewis and Clark
Fair Is known throughout the Eastern and
Middle Western districts. Much of this
knowledge is coming through railroad ad
vertising and the efforts of the raTxoad
men, but the opinion which is prevailing
that the Fair is not being advertised in
the East is a mistaken one, according to
TO COMMENCE W0SK AT ONCE
City Engineer Orders Labor to Begin
Immediately on First Street.
City Engineer Charles Wanzer yesterday
ordered Glebisch & Joplln to commence
work Immediately on First street between
Madison and Columbia. The Improvement
has been delayed for a great many months
by the unsecmlng nonchalance of the rail
road companies, but today the contractors
will break ground regardless of any re
monstrances. For some months all has been in readi
ness to commence the work, but owing to
plans the railroad company had in view
for chancing its tracks the improvement
of First street has been delayed repeated
ly. The pavement is to be stone block and
will be laid by Messrs. Glebisch & Joplln,
Smyth Sc. Howard and J. W. Sweeney.
Anton Nolte, a prominent business man
of Pendleton, Is at the Imperial.
Leroy Lomax, Prosecuting Attorney at
Baker City, is registered at the Imperial.
Henry E. Ankeny, of Eugene, is in
Portland for a short visit- He is at the
"W. E. Brock, a well-known druggist of
Pendleton, is at the Imperial for a few
A. R. Burford, a prominent banker of
Walla Walla, is in Portland on a short
F. A. Seufert, of The Dalles, is In Port
land, on his return from Salem, where
he has been attending the sessions of the
Malone Joyce, traveling passenger agent
of the Colorado Midland, Is in the city on
an official visit from his headquarters at
J. H. Hcfler and wife havo returned
from a year's sojourn In Europe. During
their absence they visited the most im
portant cities on the continent.
OREGONIAN NEWS BUREAU, Wash
ington. Jan. 23. S. G. Cosgrove, of Pom
eroy. Wa6h., was today admitted to prac
tice before the Supreme Court.
Senator Fulton today Introduced to the
President Judge James A. Fee, of Pendle
ton, who brought Oregon's electoral vote
NEW YORK. Jan. 23. Special.) North
western people registered at "New York
hotels today as follows: ,
From Portland W. EL Morris, at the
Grand Union; W. W. Bailey, at the Im
perial. From Seattle W. D. Hayncs, at the Im
perial; T. W. Nelson. F. DImlck. at the
Grand Union; R. D. Morrill, at the Hol
From Spokane A. Bernstein, at the
Run Causes Savings Bank to Close.
COLUMBUS, O., Jan. 21 Alarm at the
suicide today of Charles H. Houseman,
cashier of the East Side Savings Bank,
caused a run on the bank. The suicide Is
said to have been due to business worry.
Upon application of the directors a re
ceiver has been appointed. The doors of
the bank have been closed.
The assets are given by Attorney How
ard at 5250,000; liabilities $423,000. of which
33S4.400 la Individual deposits.
TO CUKE COLD XX ONS DAY,
Take Laxative Bromo Quinine Tablets. An
ruXtsts refund the money It It tails to cure.
X. W. Grove" ognsure Is on each box. SSe.
THE OVERWORKED EYES.
The faded Eye. the red and. inflamed Eye,
the Eye that needs care, relieved by 34 ur
la. Jiurtee Eye Reedy Co.. Chios.
THE CZAR I WONDER IF THE CROWN WILL PROTECT ME VERY LONG?
TO STOP STRIKES
Union Officers Organize for
WILL HOLD OPEN MEETINGS
Hope to Secure Weil-Known Speakers
to Explain Industrial Situation
" Labor Conferences Will
Be Held at the Fair.
'The, Union Officers' Association, the lat
est formation!. In labor-union circles, was
.fully organized! at a meeting held last
Sunday, and is now about ready to take
up the work for which it was formed.
This association is composed of a mem
bership taken from the- various labor or
ganizations in the city, and consists of
the president, secretary and one other
member of each of the local unions. It Is
to be an advisory organization, and as
such will consider and advise on air labor
matters referred to it by the different
It also has as one ot its objects educa
tion along social and economic lines. Open
meetings will be held at which various
subjects relating to labor will be discussed,
and it is the intention to secure from time
to time labor leaders and speakers of Na
tional reputation for the purpose of ad
dressing these meetings.
It is also understood that this associa
tion may confer with the Lewis and Clark
Fair Commission In regard to the labor
conferences to be held during the Exposi
tion, and that It, will assist the commis
sion in arranging for the conferences.
No active work has as yet been taken
up by the association, the two meetings
held having been devoted to completing
the organization. It is expected, how
ever, that at the meeting to be held next
Sunday some steps will be taken toward
arranging for the work of the associa
tion. The officers are: A. W. Jones. Cigar
makers' Union, president; J. Hughes, Car
penters' Union, vice-president; Grant Mc
Donald, Pressmen's Union, corresponding
secretary: William Noffke, Painters'
Union, financial secretary.
"THE INNOCENT PURCHASES."
Protest Against Recovering Condi
PORTLAND, Jan. 23. (To the Editor.)
The letter in this morning's Oregonlan by
the Hon. D. J. ilalarkey referring to the
filing or recording of conditional contracts
deals with but one side of the case.
Mr. MaJarkpy has not pointed out the
fact that the purchaser of pergonal property
Is protected by the law as it is at present.
Any person selling goods which do not be
long to him is liable first "for obtaining
money by fatso representations," and he Is
further liable under the civil law for the
amount paid and damages. The vendee must
lay himself liable to the criminal law In
order to get tbe money of the innocent pur
chaser. The purchaser can further protect
himself by asking ot the seller, "Show me
your receipted bill for these goods." If tho
seller cannot show that the goods are his
the buyer does not need to buy them. Is this
method not simpler than looking through
the records ot a whole county?
If the Innocent purchaser is In such danger
of losing his money as Is suggested are
there not other people in much more danger
of lorlng their money? A highwayman may
stand in front of my bouse and relieve the
parsing pedestrian at tbe point of a gun. He
will get the money and will take less chance
of going to the penitentiary than the man
who sells goods which do not belong to him.
The pedestrian has no recourse or protec
tion. He must give his money or his life,
and he does not know who the footpad is.
Why docs Mr. ilalarkey not introduce a bill
to make me furnish an electric light and a
watchman to protect the pedestrian from
being held up? Does he not need the pro
tection more than the purchaser ot leased
There are two classes ot people who will
be benefited in their business by tbe pas
sage of these bills brokers and attorneys.
When -a man wishes to buy from another any
article of personal property he will be sup
posed to look up the records of the county
to see If It Is paid for. The average citi
zen knows nothing ot this process, there
fore must hire aa attorney. Then we have
"result No. 1." more business for the at
torney. Mr. Malarkey states in his let
ter. "It does not require conditional sales
to be recorded. If the customer has not
the cases, and the dealer Is unwilling to ex
tend Mm credit, the dealer can still pro
tect himself with, the conditional sale." etc,
without recording. This Is exactly what
Much business will be done on contracts
that will "not be filed. Then the broker
will be safe and he will lend money on
the goods and we htve "result No. 2."
more business for the broker. Now we
have no objection to the attorney and the
broker making as' much business as they
can. provided that It Is not at an unneces
sary expense or loss to other members of
Now let us eee what the bill will cost the
furniture man. the piano dealer, the sewing-machine
man. the farming Implement
trade, the wagon and carriage companies,
the bicycle dealer, the typewriter. ea. rer
Uter and other dealers.
They have the option to record their leases
or to keep them unrecorded. A moderate
butlcecs may average tea leases a day. mak
ing a yearly expeoa of $750. at the low
rate of 23 cents each, proposed by Mr. Ste
larkey. In addition to this there will be
the time and trouble of recording and re
leasing these contracts and possibly a no
If the merchant does not record his leases
he Is sure to lose a certain percentage ot
hi accounts, because brokers can take chat
tel mortgages on them; a reasonable esti
mate would be 2 per cent. It the merchant
does a business of 130.000 a year this will
make a loss of $1000.
The loss of trade caused br the filing of
these contracts, it Is estimated, will b
greater than the combined losses from the
causes just mentioned. The above are a
few reasons why the merchants object to
these bills. WM. GADSBY.
SCHOOL CHUDREH AID PAIR.
Help Advertise Exposition by. Writing
Letters to Eastern Friends.
The school children of the state are be
ing interested In the Lewis and Clark Fair
through a plan devised in November by
A. Lk Craig, general passenger agent of
the O. R. & N.. and Frank K. Wells.
County Superintendent of Schools of
According to the plan the pupils of tho
public, schools were to bo asked to write
letters to friends' and relatives through
out the East, telling of the advantages of
Oregon and of the Inducements of the Ex
position. As a result ot this scheme, which was
first tried in the schools of Umatilla
County, more than 70 letters were sent
from one school In Pendleton, while every
Institution In the county set aside a day
and wrote letters to friends in the East.
The children took great Interest in the
letter-writing, and it proved advantageous
to the school work. Tho plan Is now being
taken up by other counties In the state
and every school throughout Oregon will
be asked to set aside a day upon which
the letter will be written. L. R. Alder
man, superintendent .of Yamhill County, Is
now at work arranging for the work to be
done in all of the schools throughout his
Thousands of letters will In this manner
be sent to all parts of the United States
and Canada and it Is expected by those
who originated the plan that great good
will result from the effort.
MONTANA COMMISSIONER HERE
Will Attend to Unpacking of Exposi
tion Exhibits From That State.
Commissioner P. L. Pauley, one of the
executives of the Montana Stato Lewis
and Clark Exposition Commission, ar
rived in Portland yesterday and held a
confcrencc with President Goode concern
ing Montana's representation at the Cen
tennial. There are two cars of the Montana ex
hibits already at the Exposition grounds
and they will be unpacked tomorrow under
the direction of Commissioner Pauley, the
exhibits to be stored in the Liberal Arts
building until such a time as the Agricul
tural Palace Is ready to receive them.
Efforts were made yesterday, through
Commissioner Pauley, to get Montana to
erect a state pavilion, and It Is possible
that this may be done, though the com
mission has not yet decided the question.
them by the
iiR?r i r
For over half a century Ayer's Hair Vigor has
been sold in every civilized land on the face of
Is not this long, unbroken history of success
the very best kind of
Xarf by tae J. C- Ayer e.. Zwll. 3Ct.
Also B&aasetnrrs of
ATXR'S KASGAFAXILLa-Pot tie tie. AYZR'S PILLS For comstisattta.
ATSJt' OBC&ST MCTOfcAL Ft Mj(k.
TO ADJUST RATES
Traffic Men Will Fix Inland
JOBBERS ASK FOR REDUCTION
Needs of Interior Will Be Looked
. After 'by Railroad Officials
Coming Here at the End
of the Week.
There will be big doings in Porland on
Thursday, Friday and perhaps Saturday
next when tho traffic representatives of
the Hani man lines, of the Northern Pa
cific and the Great Northern will all meet
In the city, presumably to confer oft tho
much-mooted question of lower distribu
tive rates to the Interior from the termi
nal ooints on the Coast.
Ben Campbell, of St. Paul, fourth vice-
president of the TSreat Northern, and the
man in charge of the traffic for the road.
is in the city, and J. C. Eden, assistant
traffic manager of the Great Northern,
will come from Seattle where they have
been for the past few days, and will be
in Portland for some time.
J. M. Hannaford, of St, Paul, second
vice-president of the Northern Pacific;
Charles M. Lev, of Seattle, assistant to
the President: James G. Woodworth. ot
St. Paul, traffic director, and J. B. Baird,
general freight agent, will make up the
Northern Pacific party.
J. C. Stubbs. traffic director of the Har
riman lines, accompanied by his new as
sistant traffic director, P. C Stohr, whose
appointment has just been officially an
nounced, will also be In Portland, hav
ing left Omaha last night for the trip to
The men will bo In Portland on Thurs
day and, either on that date or oa the
day following, the combined party will
meet with the representatives of the
North Pacific Coast Jobbers' Association
for a conference on the reduction of the
distributive rates from Portland and
other terminal points Into the Interior of
the Northwest commercial districts.
More than three months ugo, a. meeting
was held In Portland between the rep
resentatives of the association and the
local representatives of the traffic de
partments of the railroad companies. At
that tlmo the association made its griev
ances plain to the railroad men and
stated what Its position was In regard to
the traffic situation. The .matter was
thoroughly discussed and a report was
made to the head offices of tho different
lines by their representatives present at
the meeting. At the time it was an
nounced that no further action would, or
could, be taken until such a time as the
central offices had considered the subject
in detail. It was expected, however, that
some concessions and changes would be
made as the result of the showing made
by the Association. Though not an
nounced, It was presumed that it would
take close to three months for the mat
ters mentioned In the report to be ex
amined thoroughly and an understanding
arrived at between the managers of
The meeting set for the last of the week
comes as the result ot the first confer
ence, and is partially the result of cir
cumstances. Both Mr. Campbell and Mr.
Woodworth are new men In appointment
and are now on their first official trip
over the lines to be Berved by them In the
future. They would both be In this dis
trict at the same time and tho meeting
will be held now as the most convenient
time as all the heads of the competing
svstems could be here.
, On Friday evening the Chamber ot
commerce wm xenaer wo waning
road men a banquet at the Hotel Port
land and on Saturday night the -visitors
have all be asked to be present at the
annual dinner of the Portland Commercial
Between the wining and tho dining, it
is hoped to convince the railroad men
that the stand of the merchants Is right
in its conception and should be granted
by the roads.
It is said that the great trouble between
the railroad man and the shipper and
merchant is that they are not acquanted,
and the Portland men will make an effort
to do away with this disadvantage.
What Is "the Essence of Socialism?"
ITNIVERSITY OF OREGON. Jan. 21. (To
the Editor.) Permit a word In reference to
your leading editorial of Saturday, Janu
ary 21. "The essence of socialism Is equal
ity." But docs your interpretation of
"equality" apply (a the doctrine and prac
tice of modern socialism? If you will exam
ine socialism In Its later and more practical
Instances you will find that it is not sacri
ficing Individual excellence or efficiency to
the extent necessitated by Its earlier and
more eccentric doctrine. A party of pro
test Is, at first, almost always a party of
"-Ism" and vagary. The real significance of
socialism Is Its protest against the Inequal
ity ot opportunity resulting from modern
Industrial conditions, a protest needed far
more In Europe and the Eastern States than
on our Pacific Coast. These absurd, frothy
schemes for a "grand dlwy" are as empty
aa a clairvoyant's Jabber and as alien to
any serious scheme of economic betterment.
But the essence of socialism remains and
probably will remain, being fairly well rep
resented by President Roosevelt's gospel of
"the square deal." though differing as to
the extent of the measures needed to se
cure this Industrial Justice. Socialism and
Individualism alike need clearer understand
ing of one another and deliverance from
their extremists. Very truly yours.
W. L- WHITTLESEY,
Assistant In Economics.
We wish you would
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Dr. J. C. Ayer,
Testimonials? We can furnish!
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