imunu;
VOL. X17v- JfO. 14,038,
POBTLAXD, OREGON,
DECEMBER 5, 1005
PRICE FIVE CENTS.
MILLION
MIL! LAND
Hitchcock Approves Ir
rigation Plan.
12,000,000 FOR KLAMATH
nenry s Arguments uvercome
Ail Objections.
UMATILLA WORK NEXT YEAR
Cheap and Rald Construction Makes
Work Easy First Requisite Is
Prompt Signing of Contracts
by tlje Landowners.
MORE MOXEV FOR- IRRIGATION.
WASHINGTON, D. C, Dec. 4. (Spe
cial.) Secretary of the Interior Hitch
cock gave out the following an his au
thorized ntatemcnt relative to the Uma
tilla project:
"After consultation on Saturday with
Engineer Henry. Superintendent of Ir
rlgatlon for Oregon. Secretary Hitchcock
decided to to aheaft with the Uma
tilla Irrigation project first, which can
be completed within one year at a cost
of about Jl.000,000. and today the Sec
retary informed Senator Fulton of his
decision In the matter.
"The Secretary said that this would
leave $1 ,000.000 immediately available
for the Klamath project and $700,000
more within the next two years. This
plan will render it Impossible to do
anythlnc with the Malheur project at
present, as thorn two projects will con
sume all the funds now available.
"Senator Pultun cave hlu unqualified
indorsement of this plan of expenditure
of the unrestricted fund today to the
Secretary, when Informed of the decis
ion. "The Secretary learned full tlo'.ajlx of
the Umatilla .project for the first tliie
from Engineer Henry on Saturday and
was in consultation with Mr. Henry ndv4
Francis Jv Ilency. spocla assistant to
the ttomoy-Grneral. on the subject T
when Mr. Fulton called at the. depart- 1
mrnt today." 2
LOREGONIAN NEWS BUREAU. AVasli.
ington, Dec, 4. Secretary Hitchcock to
day authorized construction of the Uma
tilla irrigation project and set aside out
of the reclamation fund $1,000,000 to defray
all costs.
Saturday, and again today D. T. Hen
ry, in charge of irrigation in Oregon and
Washington, conferred with the Secretary
on the Umatilla project, and his state
ments -were at direct variance with in
formation .which had been given the Sec
retary by other advisers. The Secretary
of course knew that Mr. Henry had more
intimate knowledge of this project than
any other man In his department, and Mr.
Henry arguments went a long was- to
convince him thut the project was feas
ible.
Shortly after his last conference with
Mr. Henry, the Secretary approved the
project and apportioned money for Its
construction. He announced the fact this
morning to Senator Kulton. who has been
active In his labors for the Umatilla
project.
Can Begin Work In Spring.
There is one condition, however, which
must be complied with before the project
can be advertised and placed under con
tract. Settlers owning lands under the
Umatilla project must all sign up their
lands and agree to boar their proportion
ate share of the cost, and the Maxwell
Iand & Irrigation Company must close a
contract with the Government for the
disposal of Its canals and some 8000 or 0000
acres which come within the Government
project for reclamation.
Engineers say there is little doubt that
these conditions will be satisfactorily com
plied with, and. when this is done, the
plans are so far advanced that the con
tract can be awarded after SO days ad
vertlsement. provided reasonable bids are
received. There is every expectation that
the contract for the entire Umatilla proj
ect can be-awarded'earb' next Spring, and
there is no apparent reason "why work
cannot be completed within the year, so
that -water can be turned on the land In
th Spring of 1907.
Two Million More for Klamath.
Mr. Hitchcock is so Impressed with the
Klamath project that he Informed Mr.
Fulton today of his Intention to allot
52,000,000 additional, making A total of
$4,000,000. ample to complete It. The $2,000.
000 heretofore allotted Is charged entirely
to Oregon, and this allotment will stand.
for the Secretary finds that C per cent
of the land to be reclaimed In the Klam
ath Basin lies In Oregon, and Oregon
must bear that percentage of the total
cost This means that a further allot
mcnt of JW.O0O must be made, chargeable
to Oregon. But Oregon, Instead of being
restricted to the benefit of only 51 per
cent of the money it has contributed to
the reclamation fund, will now receive
the benefit of $3,500,000.
Of course the state will get no imme
diate benefit under the Malheur project.
which for the time being 6 sidetracked.
Mast Store Flood Water.
All the Summer water of the Umatilla
River has been appropriated. Spring ir
rigation is being attempted In the vicin
ity of Umatilla, but results arc doubtfuL
Additional Irrigation from .the Umatilla
River therefore necessitates the storage
of flood waters. A reservoir ten miles
from UmatIHa has been located on the
Dtst cMe the river f ssuffi cleat cay-
city to supply Summer -water for about
20.000 acre.
The lanti that can be covered with this
water lies Immediately jouth of the Co
lumbia River and east of Umatilla River
In The Immediate vicinity of the town of
Umatilla. The land la below 500 feet ele
vation, rolling In character and of high
fertility. Most of It Is In private owner
ship, but the owners of a great majority
of the land have agreed to Oppose of
their large holdings by the time water
can bo furnished to settlers competent to
acquire -water rights from the Govern
ment. The land Is best suited for orchards
and small fruit and. if so used,, ten to 20
acres will be ample for a family. Trans
portation facilities are better than on
most other Government projects, as the
land lie -within 200 miles by rail from
either Portland or Spokane.
One very favorable feature of the pro
ject is that the engineering -works in con
nection with it, consisting of a feed canal
from the- Umatilla River to a storage rcf
orvolr (an earth dam forming the storage
reservoir) and the distribution system
are all of a simple character, 'ranable of
being constructed In a short time.
Depends on Landowners.
The success of this project -will now
depend upon the landowner? complying
with the legal requirements of the de
partment and their respective agreements
for disposal of their land and. In the case
of the Maxwell Land & irrfgatkm Com
pany, for the disposal of their carikt-fcys-
lem. The agreement now existing be
tween this company and the Government
is satisfactory in its general terms, but
it is possible that some minor changes
may be required to make the contract
legal, and It Is believed that as noon as
it Is definitely understood -what these re
quirements are the company will not
hesitate to comply therewith.
MESSAGES FROM: HITCHCOCK
Secretary Telegraphs Favorably on.
Umatilla Reclamation.
The Portland Chamber of Commerce is
rejoicing in tho successful culmination of
its efforts to secure the sanction "of the'
Government for the taking up of work
upon the Umatilla project. President
William D. Wheelwright last night re
ceived a telegram from Secretary Hitch
cock In response to the message sent him
last Saturday. In which he gU'es assur
ance that the Government 'would go
ahead with the Umatilla project in the
near future.
"We have been working hard to secure
this . action." said Secretary E. C. Gilt
ncr. of the Chamber of Commerce, last
night, "and are much gratified with tho
dispatch from Secretary Hitchcock. Tho
completion of the work on the Umatilla
tract means the opening up of about 20,000
acres of land which will be tributary to
Portland. It is one of the greatest things
that has ever happened for this city."
Following Is the telegram received;
"Washington. Dec 4. William D. Wheel-
wrlrht. Prestdrat Chamber of Commerce,
Portland, Or.; Your telegram received. The
full details of the Umatilla project were first
made known to me by Superintending Engin
eer - Henner on Saturday, who has Just ar
rived from Oregon. I take pleasure In an
nouncing to the Chamber of Commerce through
you that I have found it consMent with tent.
Interests of the Government to go ahead
with Umatilla project first, and work will
be commenced thereon at ronn as practicable
and pushed, to early orm potion. This will-
not Interfere with the carrying out of the
Klamath project, wnicn it my intention
to commence work upon as soon as certain
legal difficulties are adjusted.
HITCHCOCK. Secretary.
0 'EW RILLS FOR OREGON
Nobody to Introduce Them Many
Offered for Washington.
OKEGONIAN NEWS BUREAU. Wash
ington, Doc. 4. No Oregon bills were in
troduced in Congress today, the state bo
ing without representation In the House,
and because of prompt adjournment no
bills were Introduced in the Senate.
Several Washington bills wore intro-w
duced in the House, Representative Jones
having a bill Increasing the cost of the
Spokane public building from J400.O03 t-
$1,000,000. Humphrey had bills authorising
public buildings at Everett and Bellltig
ham, to cost J400.000 each, and Cushman
introduced the following bills:
Increasing the cost of the Tacoma pub
lic building to J1.000.000: appropriating
J250.000 for a public building at Olympla;
appropriating JJOO.ooo for public building
at Aberdeen: granting ngnt or way tor
telephone and telegraph lines in Alaska;
establishing a fog signal at 3dlx Hook
light station: providing a lifesaving sta
tion on Cape Flattery; for 'mprovement
of the fog signal station on Robinson
Point; appropriating $100,000 for the imi
provement of Mount Rainier Park; to ex
tend the privileges of Immediate trans
portation to the sub-ports of Sumas.
Blaine. Danville. Northport and Spokane:
appropriating $50,000 for the conxtruction
of two revenue cutter launches for use on
Puget Sound: appropriating $100,000 for im
provement of tho Puyallop Indian school:
joint resolution proposing an amendment
to the Constitution providing for the elec
tion of United States Senator by direct
vote: authorizing the Sv-cretary of the
Treasury to fix the salaries of Teputy Col
lectors at Seattle and Tacoma; to author
ize the construction of a railroad bridge
across the Columbia River near Vancou
ver; to refund duties wronpfully collected
on certain goods shipped Into the United
States from Hawaii; for tho purchase of
a rifle range by the- United Stntes near
American Lake; to prevent fishing In the
waters of Alaska.
Cushman held back his Alaska Dlogate
bill until the arrival of the delegation
from Alaska. He will later Introduce n
bill for an elective Delegate which will
meet their approval.
DID NOT SHOW TliEIR FACES
Williamson and Hermann Could
Have oted for Sneaker.
OREGONIAN NEWS "BUREAU. Wash
ington. Dec. 4. Had Representatives
Hermann and Williamson been present In
the House today, they could, in all proba
bility, have taken the oath, voted for
Speaker and drawn seat. Their names
are borne on the rolls and will be called
every time there Is a roll-call, at; evi
denced on three occasions today. Never
theless, the sentiment expressed by many
members indicated that the. Oregon Con
gressmen were wise In absenting them
selves, for. while no open objection would
likely have been made to their appear
ance, general opinion prevails that they
should not force their presence upon the
House until they can come with clean
records.
If either is ultimately acquitted, he will
have to take a seat on the Democratic
idL all the Rcpui&cis Mats bl"all.
IfiPM LOSES
S HOLDINGS
Supreme Court Denies
Equity Claim.
RULING INVOLVES A FORTUNE
Conflict of Interests Found
Not to Exist,
DECISION REVIEWS HISTORY
Higher Tribunal In Accord With the
Trial Judge as to Facts, but
Differs as to Construe
tlon of Contract.
SALEM. Or., Dec. i. (Special.) P. A.
Marquam has lost his suit in the Supreme
Court to redeem the Marguam block arid
other property from a mortgage sale to
J. Thorburn Ross, trustee for the Title
Guarantee. & Trust Company. The- de
cision in the case was banded down by
the Supreme Court at noon today, the
opinion announcing the decision being
written by Justice R. S. Bean.
This apparently ends the effort of ilar-
quam to recover the property, and means.
to him, a loss estimated at XM.Ott. It
is said that the property Is worth in the
neighborhood of $1,000,000. and is subject
to mortgages aggregating ftTAOCO or more.
Had Marquam won his suit he could
have reedemed the property by paying off
the mortgages.
New Loan Made In 189 i.
In XSSI Marquam was the owner of the
property In question, being the Marquam
block and lots 1, 2, 3 and i. In block 120,
In Portland, and SO acres of land near this
city. This property was Incumbered with
mortgage and attachments for more than
$300,000. and in order to meet the demands
df his creditors. Marquam was obliged to
seek-a new loan.
Through the Title Guarargce' & Trust;
Company, he secured a loan if J3O0.O00
from the United States Mortgage &. Trust
Company. Ht 7 per cent, secured by mort
gage on the property, which property
was to be In the control and management
of the Title Company for the collection
of rents during the existence of the loan.
This loan was not sufficient to discharge
the debts, and the Title Company agreed
at Marquam's request to advance suffi
cient money to make up tho deficiency.
Trust Deed Given Title Company.
.Marquam gave the Mortgage Company a
first mortgage for $300,000, and the Title
Company a trust deed vesting It with con
trol of the property, and authorizing it to
collect revenue, pay operating expenses.
apply the remainder to payment of inter
est on the first mortgage, taxes on the
property, the advances made by the Title
Company, amounts due the Title Cora
pany for services, and the amount of the
first mortgage".
In 1893, there having been dofault in
pa3ment of Interest, the Mortgage Com
pany declared the whole debt due and
brought suit to foreclose, making Mar
quam and the Title Company defendants.
Marquam answered, setting up- various
defenses by way of abatement, and hav
ing lost on this, answered to the merits.
The Title Company filed a cross-corn
plaint, setting up its Interests, and after
a trial si decree was rendered against the
plaintiff, foreclosing the mortgage and
ordering a sale of the property and ap
plication of the proceeds to the payment
of the several Judgments In their order,
Ross, as trustee for the Title Company.
bought the property at execution aale.
which sale was confirmed and the case
affirmed on appeal to the Supreme Court.
Marquam Wins First Snit.
In 1SC2 this suit was brought by Mar
quam to have - the defendants declared
trustees for plaintiff, and for 'permission
to redeem, on the ground that the rela
tlons between Marquam and the Title
Company at tho time the purchase' was
made by Ross were such that itxdifld'ridt
purchase for its own benefit, and that
the foreclosure sale was prompted and In
stlgated by its wrongful act.
Marquam won in this suit In the court
below, where Judge Scars rendered a de
cision holding that the Title Company had
been faithful to its trust, but as a, matter
of law it was disqualified to purchase, be
cause of the relationship existing between
It and plaintiff at the time of sale.
Case Decided on Its Merits.
The Supreme Court, in reversing this
decision, sets forth all the facts at length
and discusses the law upon each point
fully. At the outset the court says that
the questions sought to be litigated In
this case are the ones determined in the
foreclosure milt, and that decree would
seem, therefore, to be a complete bar to
subsequent litigation between the same
parties npon the same claim. On account
of the importance of the case, howeve:
and the zeal and learning exhibited by
counsel on both sides, the court decides
this case upon Its merits.
Death of Borrower and Leader.
Discussing first the relation between
Marquam and the Title Company, the
court holds they were dealing 'with each
other as borrower and lender, and not as
trustee and cestui que trust. The fact
that one of the Instruments that was
given In securing the loan was In the
form of an absolute deed and. the other is
denominated a trust agreement does not
change their legal effect. The court says:
It mbs 14 , therefore, tat tfcW title
I company's nt. CjJt 'T. !r the
Itw and lh . .Sir W tacrtgageo
In pwwtflan. I) niaU added dniies and
obligations. arMar but cr a special contract.
rather than as a trcste of the title- ...
The trot bet&r confined to the cohtrol and
management of Uts property and the collec
tlon of the rents' and profits) thereof, for tha
purpose of paytar &a cwcaargiag certain
liens and Inccsabeaecea. U U sa&lfest that
the trcxt rtlillon Vu terminated by the de
cree la the forrcloMire aalu
The role Invokes by plaintiff, which dl-
Qualifled a troeltc'truta vwrchaeteg the troat.
-property because lacecweateat with his duties.
fin hare so applicant to tha title coapaay
unaer the- racts ana use u ox cue.
The court also hoMs. after a review of
the evidence, that the Title Company
acted In good faith In its relations with
Marquam. and did not misapply funds or
instigate the foreclosure suit.
lHet ef DecMsa.
This Is a salt aralnrt the United Sutra
Mortrare and Trait Company, a New Tork
corporation, hereinafter called the Mortgaga
Compxar. the Title Gaaxaatee k Trust Com
pany, an Ore iron corporation, herelaafjer
canea the Title Company, the uregoa uotn
panr. and J. Tbornburn Rosa, to redeem
biocit 178. xsows as the "Marqcajn Block."
and lota 1. 2. 3 and 4. in block 120. la the
City of Portland, and SO acres of land In or
near that city, from a pcrchas by Rosa; as
truftea for the Title Company, at a Sheriff's
rale, under a decree In a salt brought br
the Mortrage Company acalntt ilarquam.
the plaintiff herein, the Title Company, and
others, to foreclose a mortgage on such prop
erty, and to require the Title Company ana
the Oregon Company. Its successor In in
terest, to "account for the rents and profits
accruing after the purchase.
The facts are these: In August. ISaiho
piainua was uie owner or the property in
question, which was incumbsed with
mortgages and atuchtnufts -fdr more than
S300.OO0. His fredrr67 were pressing him
for payment., and he was obliged to secure
new loan or suffer a forced sale of ths
property. He made application to the Title
Company, the local correspondent of the
Mortgage Company, for a loan from the lat
ter r 40O.OO0. at SH per cent Interest, to
be secured by mortgage on the Marquam
building, offering if the loan were made
that the rents of the rrornrtr should be
Impounded as additional security therefor.
ana collected ana aubursea by the Title
Company. The Mortgage Company declined
to make the loan as applied for. but after
considerable negotiation Anally agreed, on
October 16. to lend 1300.000, tor Ave years.
at per cent, secured br a mortrare on
me ilarquam block and the Ml acres of
land; the management and control of the
property and the collection of the rents to
be in charge of the Title Company during
the exlttence of the loan. The Dlalntlff was
willing to accept this offer. As the 4300,000
was not sufficient to oar his nrtsslnr At
jnand. howerer. or relieve his Drotwrir
from Hens, the Title Company agreed at his
request to advance sufficient money to make
up the deficiency, ruch advances to be se
cared by a lien on the property and the
rerna raosequent to that or the Mortgage
Company.
IJberal Ceropeasalloa.
At the time this contract was made, and
as part of th same transaction, the plaintiff
agrd In writing with the Title Company
te vay It HVM for exchanre. tltl lennim
brokerage, etc., for procuring the loan, 3
per cent commission on all collection, or
whatsoever nature after October at iu
and $1000 per annum for its services, to
gether with one-sixth of the rents and
profits derlred from the mortgaged propertr
" raecus oi wnat was then being recelred.
On November 13. 1K4. the transaction was
finally consummated by the plaintiff and his
wife executing and delivering to the Mortg
age Company a first mortgage on the Mar
quam building and the 60-acre tract of land
to secure the payment of their promissory
notes for X300.0XKJ. principal, 'due five years
frn date, and 20 interest notes, for 2S0
tsch. vODC of which matured every three
tnontbKflCatso a deed to the Title' Company
of the mortgaged property and lots 1. 2. z
and -I. In blck 120. absolute In form and
purporting to conrer the lemi tin.- .k
Ject, however, to the prior mortgage: and
rn""o into a. written defeasance or agree
ment with the Title Company.
Supplementary Agreement.
On February 13. 1SK. a saonlementa
agreement was made, drflnlr.r- rm! rrr-
i-wwrm ji lot mie company in the mat
ter of. the renting of the property, but its
terms are unimportant here. Upon the exe
cution of the papers referred to. the Title
Company advanced about $19,100 from Its own
funds, being the amount DNrmrr in .,
of the borrowed of the Mortgage Cosv
iwar iu nay. ana discharge the Mamtnm in
debtedness, and went Immediately Into po-
iuu. i ti ci cancr ii managed and coa-
irairo me property, rented the same, msde
remittances from time to time to the. mart-
guge company to apply on the interne notes
due It from the plaintiff and rendered state
ments or me receipts, disbursements and ad
vances made br It to the ntslntirr at ;ti
Intervals, which statement were recelred and
accepted without objection. The Income of
the property was not sufficient to meet the
charges against It and the Title Company for
a time made advances from Its own funds to
pa Uie Intertrt notes In favor of the mort
gage company as tbey matured, until the in
debtedness due It from the plaintiff and se
cured by the deed and contract referred to.
amounted to from S-T5.000 to S40.000. It de
clined to make further advances, and default
made In the payment of the. Interest
notes to the Mortgage Company falling due
February 13. May 13 and August 13. 199. On
October 39 of that year the Mortgage Com
pany declared the entire debt due. and com.
menced a suit In the Circuit Court for Mult-
nomas County to foreclose Us mortgage, max
Ing plaintiff herein and the Title Comsnnr
parties defendant to the Milt. The plaintiff
answered In abatement, denying the mort'
gage company's authority to declare the prin
clpal sum due for the nonpayment of Interest.
and editing up that tn Title company was
the agent of the Mortgage Company: that as
a part consideration for the loan the agree
ment was entered Into between plaintiff and
the Title Company, as hereinbefore set forth
that the Title Company had collected suffi
cient tonds. over and above the expenses and
costs of managem'nt of the property, with
which to pay the Interest note, but had mis
applied and misappropriated them. In viola,
tlon of Its agreement; that by neglecting its
duty It bad failed to collect as large a earn
for rentals as It could and should have col'
lected: and that an accounting was necessary
to a proper determination of the matter. For
a further defense. It was alleged teat the
Title Cosapaaj". while acting as agent for the
Mortgage Company, at Its instance and wlta
its approval, but without the consent of the
plaintiff, made sundry leases In vioUtlon of
its trtrC The prayer was tor a cistnuaai or
the suit. The material allegations of tie pica
were denied, and upon a trial It was found.
among other things, that the trust agreement
wan net a sart of the contract with the
Mortgage Company for the loan and the Mort
gage Company was not a party tneretc; tnat
the Title Comparar was not an agent of the
Mortgage Company, so far as It related to
the trust agreement, nor had It collected rents
and proSts sufficient when applied as stipu
lated In the agreement to pay any part of
the Interest note maturing February 13. May
13. Augurt 13 and November 13. 1S. nor
had it misapplied or misappropriated any part
thereof. The plaintiff thereupon, by permis
sion of the coart. answered to the merits, al
leging that the trust agreement was entered
Into as a rart consideration for the loan made
b jthe Mortgage Company; that ror a long
time prior to the dale of the mortgage and'
agreement -th Title Company bad been an4
was the agent of the Mortgage company for
making loans and Investments of Its money and
remlttlne the Interest under an agreement that
It eiheuld charge and collect from the parties
to whom the money had bn loaned a reas
sabls omreasatlon for Its services; that the
loan to the plaintiff was made In pursuance
of this agreement, and that the so-called trust
agreement was entered Into for the benefit
of the Mortgage Company, to enable it to
collect and receive Interest In excees of that
allowed yearly; that by reason thereof It had
received unlawful and usurious Interest on
the loan, and It was therefore void and the
principal sum should be forfeited to the school
fund. For a second defense be alleged, as In
the plea In abatement, that leases had been
made by the Title Company extending beyond
the jjate of the maturity o the mortgasre.
at tse Instance and by the consent of he
mertgagee, and the ilea, of the mortgage was
thereupon waived and the Mortgage Cosapany
ectoaned to forecloee the. same. For a third
defense be alleged that the conveyances ar.d.
agreement operated as a general asslgnrnnt
of bis pmswrty. and were void beraase not
made for the benefll of all his creditors. This
answer was held Inreffldeat oa deausrer.
Cro. Comptasat FMcd.
On November the Title -Cosasay led a
CCoacteded oa Pace 12.)
FIRST BLOW II
GIN US GROUND
Prostrate Body Beaten
. by. Marshal
ASSAULT LACKED PROVOCATION
Witnesses Say Star Land-
Fraud Witness Was Sober.
BLOWS FRACTURE SKULL
Grieving Young "Wife and Children
or the Crook County Hanchcr
Are In Attendance on
His Bedside.
A dispatch from IMnrvlIle puts an en
tirely new light oa the assault upon
TVIl'ord J. Craln. the star witness for
tho Government during the Williamson
land-fraud trials, by Robert J. Harrlng- .
ten. the town Marshal. It appears that
Craln was net Intoxicated and that
Harrington accosted him on the rtrret
and knocked him down with a billy.
Then he struck the defenseless man
three -times, who later was picked up
unconscious. It Is possible that he will
not recover from his Injuries, which
are very eerious.
A few days before the opening of the
third Wlllianann trial Cram's bam. in
which was housed his hay crop, was
burned don.
PRINEV1LL.E. Or.. Dec A. (Special.)
With a badly fractured skull, and In a
semi-conscious condition. W'llford J. Grain,
who -was brutally and maliciously assault
ed by Robert- J. Harrington, the Tpwn
Marshal of Prineville. a -week ago Mon
day. Is making a heroic struj;KleJbr life.
with the odds ? gainst him. Notwithstand
ing; his remarkable vitality, lyis possible
that death will ensue. "
Craln Is being; tenderly cared for and
nursed at the ranch of his father-in-law.
John S. Watklns. where he Is surrounded
by his family, a young; wife and two little
children, who are hoping; and praying; for
his recovery. Crairi" himself Is a young
man. being only 32 years of age .
Harrington, the assailant of Craln. is al
lowed to continue his official duties In
Prineville unmolested. And, to make tho
matter worse. It Is probable that he will
still retain his liberty for some time to
come, as no steps have been taken to pros
ecute him.
May Never Be Broucht to Trial.
fhere are those who say that nothing
will ever be done about the matter, with
the law as an Instrument, as Harrington
Is a close friend of Sheriff C Sam Smith
one of the Williamson faction, who Is now
under Indictment by the grand Jury at
Portland for an alleged attempt to Intim
idate witnesses for the Government in
the land-fraud trials.
Facts will out. and although strenuous
efforts have been made to conceal certain
Incriminating' and hamcful phases about
the assault, the truth Is coming to the
light. The story of the assault, as dis
torted by the friends of Harrington, was
ropcilant and disgusting, but the facts of
the care are so startling- as to be almost
unbelievable.
Beam His Fallen- Victim.
Craln came to Prineville Monday. Xo
vember 27. from his small ranch, about 4
miles from this dty. for the purpose of
attending to some business matters. He
spent several hours In Prineville. and
finally went to the livery stable kept by
G. M. Cornett. In order to get his team
and start back home.
As he was about to leave. Harrington
stepped up to him. and the two had a few
words between them.' Then, without any
evident provocation or action on the part
of Craln. Harrington dealt the young
farmer a crushing- blow on the Jaw with a
heavy, murderous billy, which he carried
in his hand.
So heavy was the blow that Craln wilted
like a 'wet sponge, and fell to the pave
ment all In a heap. Then again Harrlng'
ton hit the unfortunate man. Looking
around as If to see whether he was to
meet Intervention, and seeing that the by
slanders showed no signs of taking steps
to prevent the continuance of the assault.
Harrington dealt the defenseless young
man two more tremendous blows. Having
- found an 'outlet for his passions by his
attack on the young- farmer against whom
he has harbored a grudge for a long time.
Harrington left the prostrate man to his
friends.
. Craln Was Xot Intoxicated.
Contrary to the account that was first
given out. Craln was not In an Intoxicated
condition at the time, but was perfectly
sober, and knew exactly what he was do
ing; until he was stricken down. None of
the bystanders Intervened to protect Craln
dcrlnr the assault. Among- the witnesses
to the assault were Henry I. Bradstreet.
F. Rose and Charles Stroud, all of Prine
ville.
Craln was in an unconscious cendttle-n
,whcn lie was picked up. and has resaaJsed
In a semi-conscious condition ever steee.
Dr. K. Belknap, the attending phystciaa
Is said to be of the opinion that he is
partially paralyzed, besides suffering, a
fracture of the tkulL
'- Tke attack opoa Craia is directly At
tributable to the animosity which has
been more or less openly displayed by the
partisans of the defendants in the Wil
liamson case towards the witnesses for
the Government. When Craln returned to
Prineville at the conclusion of the third
Williamson trial, he was accosted by Har
rington, and an altercation ensued on ac
count of the testimony which Craln had
given against the defendants. On the oc
casion of this first encounter, Craln got
the better of Harrington, who. It Is said
has nursed his grudgq ever since and
watched his opportunity to get even with
his young brother-in-law.
Marshal Is Sbcrlfrs BTenchman.
Harrington owes his position as Town
Marshal at Prineville to the political
combination headed by C- Sara Smith.
Democratic Sheriff, and John Combs,
whom Congressman Williamson unsuc
cessfully attempted, to have appointed to
the position of supervisor of the northern
division of the Cascade Forest Reserve a
car and a half ago. These two men are
charged with the management of Will
iamson's political Interests In Crook
County.
The assault is not the first time that
Craln has had to suffer, as a few days
before the opening of the third William
son trial. September 5. his barn and all
his hay were burned. The barn was a
rented one. Craln was In Portland at
the time and the news of the alleged
Incendiarism did not reach Portland until
the. day before the opening of the trlaL
The news spread consternation among
the witnesses for the prosecution, as they
oellcved the fire was started by persons
who bad Ill-will toward Craln because of
his testimony. Only the assurance pf the
ofilclals prevented all the witnesses from
stampeding for their homes at or near
Prineville. as they believed the destruc
tion of their property, would follow.
Threats Against Witnesses.
Soon afterwards It was alleged that a
so-called Citizens Business League, of
Prineville. paajed a set of resolutions
denouncing The Oregonlan for publishing
story that It was alleged the fire was
due to Incendiarism. Later the article
was confirmed, ps Craln made a state
ment that his brother. Charles Craln. dis
covered the. footprints of two men leading
to and from the barn. When the wit
nesses returned to Prineville after the
third trial they were very uneasy, and
the recent assault will only increase their
fears.
"There Is blood on the moon nqw,"
?ald several of the vltnesses. In describ
ing their return home.
During the third trial at Portland it
was brought out that Williamson threat
ened several of the witnesses, among
whom the name of Craln was mentioned.
It was testified to that Williamson had
stated that some persons. In which he
brought out the name of Craln. had tried
and were trying to sink the harpoon Into
him and that he would throw it boclc
with Interest. Craln was the star witness
for the Government In the three William
son trials..
TRAGEDY AFTER WEDDING
Eugene Girl In Hysterics Within an
Hour After Ceremony.
DENVER, Colo.. Dec 4. (Special.)-
Pcculiar circumstances surround the mar
riage of Charles S. Cahn, a wealthy resl
dent of St. Joseph. Mo., and Miss Oiga
Kllngman, of Eugene. Or., which took
place here two weeks ago. The groom
showed no Joy over the event when he
secured his license ar.d engaged a Justice
to perform the ceremony at a third-rate
hoteL
An hour after the ceremony the screams
of Mrs. Cahn aroused the guests, and the
manager of the hotel, after consultation
with Cahn. called a physician, who found
Mrs. Cahn In hysterics. She has been
under treatment for two weeks, and last
night Cahn chartered a private car and
started East with her.
Where Northwest Members Sit.
OREGONIAN NEWS BUREAU. Wash
Ington. Dec 4. In the seat lottery in the
House the Washington Congressmen, as
usual, were among the last to be called,
and were consequently unable to secure
choice scats. Jones did fairly well, get
ting the center desk in the first section on
the Democratic side, which has been ab
sorbed by the Republicans on account of
their large majority. Cushman and
Humphrey are In the extreme Tear center
of the Republican side. French of Idaho
Is near them.
CONTENTS TODAY'S PAPER
The Wetaaer.
YESTERDAY'S Maximum temperature.
44
dep.; minimum. 39 lies-
TODAY'S Generally fair, followed by occas
ional rain; win as mostly southeasterly
Ktwsla.
Telegraph operators meet threat of discharge
witn tnreats. raze 4.
Feasants bum and destroy every thins in
south. -FS5 4.
More troops mutiny. Pace C
Oerman squadron ready for flight of Czar.
Pope -1.
Balfour resigns and Catapbell-Baanermaa is
eummoaed. Faae 3.
Americas Consul Insists oa haagisr of raur
derers of missionaries la China. Pase 1
Anti-suffrage riots at Budapest. Page 2.
Pope Plus condemns abuses In church in
America and will causa reform. Page 1.
Xatlosal.
Congress open and vast number 6t blda is In
traduced. Pare Z.
Williams Introduces bills oa tariff and cam
paixn contrlbutlOBS. Page 4.
Hitchcock allots money for -Umatilla, lrriga
tlon and 9ub!cs Klamath allotment.
Page 1.
Attorney-General Meotly has plan to force
common carriers to give equal rates. Page 5.
Secretary Boaaparte ntaaes recommendations
for Navy. Page 5.
Domestic.
Harrlman's railroad prczrasRme for J 109 In
cludes three extensions In Oregon. Fag S.
Judson Harmon appointed receiver of the
Dayton and Marquette roads. Page 5.
Insurance investigators dig deep into Mutual
Reserve affairs. Paste 2.
Pacific Coast.
Supreme Court reverses lower tribunal In, ac
tion Involving Marquaai property valued at
JI.O90.C0O. Page 1.
Prteevllle Marital struck: W. J. Crala after
he had fallen under ftrst ksv. Page 1.
Elections held la Oregoa cities aad tows.
Pan 1.
Forged Had sale certla eaten caa easily be de
tested- Fajse I.
Pefaaltlac casMer ef Seattle Aaaay Office Is
rested c4eten mor.ey 1m tlw Eait. Pag 1
Sllrertou electric yteat pvrckased by 'Butcher
sy incite, face X.
y PREUTES
inds Abuses iaChurch
in America. " .
S LOSING MANY ADHERENTS
Bishops Must Abolish Admis
sion Fee to Mass, v"
LIVE, IN. GREAT LUXURY
Plus Astonishes Bishop of Xaslrrllto
by Scathing Criticism Will Ex
tend Reform Work Through ..
Religious Orders.
(Copyright. 1003. by the New Tork "World.)
ROMiv Dec 3. The- well-informed Vat
ican correspondent of the Stampa. a
prominent paper .of Turin. la authority for
the statement that when', a tevr days ago.
Monslgnor Thomas S. Byrne. Bishop of
Nashville. Tcnn.. was received in private
audience by the Pope, the conversation
of the Pontiff dealt principally with seri
ous abuses which are said to be found
in the church in America, and which Plus
X declared he was determined to sup
press at any .cost.
According: to this information, which
originated from very authoritative
sources. Plus X complained of the fact
that, while the number of Catholics In
America has been on the . Increase for
many years past because of immigration
from Catholic countries, the number of
actual conversions from Protestantism
continues practically to be very limited.
while' there are thousands of Instances of
Catholics abandoning: their religion for
other denominations. Naturally, this
condition of things was viewed with
alarm by the head of the church, and
Plus X asked the Nashville prelate to
explain why things should be so.
Admission Charge lor Mass.
On the American prelate's mumbling'
spme sort vt explanation Plus X. iccord-ing-
to the correspondent, startled the-
Bishop by enumerating, several of the
abuses existing In America, of which he
said he had been informed through pri
vate sources. First or an. me .romin.
deprecated the custom allowed In many
American dioceses of exacting an en
trance fee on Sundays and holidays from
the people attending mass In the.churches.
In the opinion of the Pontiff, such a cus
tom must be abolished, the sooner the
better, as It practically constitutes a hin
drance to poor people's attending- the
church, and might be the cause of pre
venting Protestants or non-Catholics from
listening- to Catholic sermons and expla
nations of Catholic doctrine.
Forced Contributions Condemned.
The Podc then dwelt at length on other
abuses of the same kind which, he had
been Informed, were prevalent In many
churches In America. The taxing of the
members of some congregations for a
share of the expenses necessary to run
the church or for providing- coal or otner
commodities to the parish prleits. Flux X
said, he considered unfair, especially
when the tax was made by some or tne
American priests rather than compulsory
throunh the printing and distribution to
the members of the congregation of a. list
containing the names of the contnomors
and the amount they had donated. The
Pope stated that such contributions ought
to be left entirely to the generosity of the
faithful, and that no pressure should be
exerted by the clergy to obtain tem
The PoDe also added that he- Had been
Informed from reliable sources that such
abuses constitute the principal reason
whv so many thousands of Italians, after
arriving In America, never set foot again.
or very seldom. In the churches in- which
their rellzlon Is preached, and that many
even bring up their children in-utter Ig
norance of their religious duties, and are
practically lost to the chuhch In which
they were born.
Bishops Live in Idle Luxury. .
To the utter amazement of the Nash
ville prelate, the Pope .then spoke very
emphatically of the fact that he knew
how some of the American Bishops had
surrounded themselves with more luxuries
than even the Pope thought himself en
tltlsd to. Some of them had great palaces
as residences, In which they led an easy
and comfortable life, while taking very
little Interest in the management of the
parishes of their respective diocese,
which were left entirely In the hands of
the parish priests. Plus X added that tte
time was not far distant when he would
be enabled to extend his work of reform,
to the church in America, and send there
some of the members of the' religious
orders. wh,lch he considered the right arm"
of the Pope, as apostllc visitors to report
on actual conditions.
Will Start Active Rerorm.
It Is hardly possible to detail the -Impression
.which the conversation 'of the .
Pope with the Bishop of Nashville pro
duced In Rome, especially on several
American prelates at present visiting kers.
It had been, known for seme time that
Plus X never lost an opportunity to
gather teformatlon about the church" la
America from hte numerous American vis
itors, both clerical and lay. and It,!
thought that he is now la posoes&km eC
many details which American prelates be
lieved -would! never reach his ears. It
the general oplatea la Vatican circles that
aew the Pope will adept active stetwrw
tCaaclttded Fif s 4.)
Ml