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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 20, 1907)
THE MORNING OEEGOXIAN. TUESDAY. AUGUST 20, 1907. NAME CQNOmONS OF RE1 Attorney-General Says the State Has Full Power to Define Terms. MUST USE COMPANY WATER Purchaser of Reclaimed Land Must Satisfy Company's Lien and Be come an Actual Settler, Using "ecessary Water Supply. SALEM, Or.,' Aug. 19. (Special.) In reply to an Inquiry from President J. E. Morson, of the Desehutes Land Company, of Portland, raising- the question of the. authority of the State Land Board to attempt to carry into effect the 'terms of the Carey act, having: special reference to the specifications contained in the new contract entered into between the Board and the Portland Irrigating Company, the Attorpey-General has advised him that, under the provisions of the Carey act, the state has full power to prescribe the conditions under which the land is to be reclaimed and also of the manner of set tlement and cultivation of such land. The Deschutes Land Company has taken over, or negotiations are pending for the taking over of the segregation originally selected by the Oregon Development Com pany, consisting of 35,000 acres in Crook County, and contemplates entering into a new contract with the Board seeking an increase of the lien price per acre. Under the Portland Irrigating Company's new contract, granting an Increase of lien price on the land, the company is held to a strict fullfllment of the provisions of the contract, is not allowed to sell any of the land until after it has been re claimed and must turn the entire project .over to the settlers at the end of ten years. President Morson is evidently not satisfied with the requirements of this contract and inquires: Pick Flaws In Carey Act. "What power, for instance, has the State Land Board to compel a contem plated, purchaser of land under the Carey act to subscribe to a water users' as sociation, when, under the act of 1901 the state is obliged to give a deed to not exceeding 160 acres of ground to any per son who satisfies the company's lien? Would not a mandamus suit undoubtedly lie If the state refused to deliver the deed in the event the purchaser refused to subscribe to the Water Users' As sociation?" Mr. Morson claims that under the Carey act authority is given the state to do any and all things necessary to carry Into ef fest the terms of that act, bu. says he falls to find anywhere that the state has delegated to the State Land Board any general power to carry into effect the terms of that act. He says also that the state statute of" 1901 confers certain but specifically defined powers upon the State Land Board, but he questions the right of the Board, in the absence of a general authority to exceed Its specific power. These questions have been raised at nearly every meeting of the Land Board when Irrigation matters are brought up for . discussion and, in reply to them the .Attorney-General says: Attorney-General's Opinion. The act of Congress specifies that any state contracting under the Carey Act 13 ' authorized to make all necessary contracts to cause state lands to be reclaimed and to induce their settlement and cultivation ' In accordance with and subject to the provisions of said act, which act also pro vides that the state may donate to the state, free of cost, not exceeding 1.000.000 r acres in each state such lands as the state may cause to be Irrigated, reclaimed and cultivated as thoroughly as is required of citizens who may enter under the des- . ert land law. . The State Land Board has plenary powers In relation to contracts under the Carey Act. In answer to the question If a man damus suit would undoubtedly lie If the etate refused a deed In the event the pur chaser who had satisfied the company's lien refused ' to subscribe to the Water Users Association 1 must say that the purchaser must. In addition to satisfying the company's lien, have become an ac tual settler upon the land and reclaimed it, which reclamation necessarily Includes the necessary water supply and title to the same. - . In the event that the reclamation system has been turned over to the Water Users' Association at the time the purchaser ap plies for his deed and the only means he has of securing the water for the reclama--' tlon of the land is by being a member of said association. I am not at all sure that mandamus would lie if he refuses to hold membership In such an association or at least to abide by Its rules and regula tlons as adopted by and for the manage ment and control of such association. ttlPLIXGER HIDES FURTHER Leaves Banana Ranch Will Not Come Back to Face Charges. SEATTLE, Wash., Aug. 19. (Spe cial.) Julius Kock. brother-in-law of John Rlplinger, ex-city comptroller of Seattle, declared by expert bookkeepers to be short 68,000, declared today that Rlplinger has left his banana ranch 20 miles from Irlona and has gone to the interior on a prospecting tour. Kock has just returned from Hon duras where he says his brother-in-law Js hiding and declares that when Klplinger learned of the charges ' against him he refused to come here to meet his accusers. Kock held a secret conference with City Treasurer Russell wherein a policy toward Rip linger was discussed. He will carry a message bark to Rlplinger of the county's attitude. APPOINT COMMUTES FOR FAIR Directors or Clackamas County Fair Hold Meeting. OREGON CITY. Or., Aug. 19. (Special.) The directors of the Clackamas County Fair Association this afternoon held an important meeting, appointing committees to assume the direction of the first an- - nual fair to be held In Gladstone Park, October 9, 10 and 11. The president "and vice-president were authorized to name the superintendents for the different ex hibits and made the following selections: Agricultural, Oscar O. B. Freytag: horti cultural, A. J. Lewis: poultry, R S. Coe; forestry, Enos Cahill; dairying, Andrew Gribble: preserved fruits, etc., Mrs. Charles N. Walt: fancy and needlework, Mrs. J. L. Waldron; Judge G. B. Dimlck, George LazeVIe and A. J. Lewis were ap pointed a committee to lease the Chau tauqua Grounds and provide for lighting and Richard Scott, G. B. Dimick and Thomas F. Ryan were named to confer with the officials of the Southern Pacific Company and the Portland Railway. Light & Power Company relative to obtaining reduced rates for transporting exhibits WIN and passengers between Oregon City and other points of the county to the fair grounds. The general executive committee in charge of the fair will be George Lazelle, T. J. Gary, and Judge Thomas F. Ryan. The children of the schools of Clacka mas County will be invited to send ex hibits to the' fair and October 11 will be school children's day. The Clackamas County Agricultural and Horticultural So cieties have been invited to take part in promotion work for the fair. The premium list is in charge of Judge'Dlmick, T. J. Gary. A. J. Lewis. Mrs. Maggie Johnson and Mrs. George Lazelle and the list will soon be Issued. SUMMONS WRONG REPORTER Asked t-o Testify. About Hearing He Did Not Attend. . OLTMPIA.'Wash., Aug. 19. (Special.) Because the Spokesman-Review failed to make mention of the fact that during the Milan wreck investigation by the Rail road Commission at Spokane, testimony was given to show that H. E. Owen, a Spokane Insurance man, had demanded $10,000 from the Great Northern on threat of bringing complaint before the Commis sion and causing an Investigation, tne Great Northern today called G. B. Hunt, a reporter of that paper, as a witness at today's continuation of the investigation. The publicly announced purpose in call ing Mr. Hunt was to show bias, but the announcement that Hunt would be made to eat his words failed, as it was prompt ly discovered he had not suppressed the alleged blackmail evidence, but that an other reporter, a Mr. Smith, had attended WHERE E. H. HARRIMAN IS SPENDING HIS y. -a 'W-TJ?-' '..fjsitft'1 SCENE WHERE the evening sesssion when that evidence came out. When this fact was disclosed by Mr. Hunt's testimony he was promptly excused. The Great Northern put on as witnesses today E. O. Bowen, division engineer at Spokane, and William Kelley, general road master. Both testified as to the general condition of the track on the section where the wreck occurred and ad mitted on cross-examination by the State Attorney that the' tie renewals had not been sufficient in recent years. Just be fore the Commission closed the Investiga tion It announced it would put into evi dence the Great Northern annual reports to the Commission, and to this Judge Gordon, attorney for the road, made no objection. ROCKWELL MA BE CANDIDATE Mentioned to Succeed W. L. Jones In Congress. NORTli YAKIMA, Wash., Aug. 19. (Special.) Tax Commissioner T. D. Rock well, of Spokane, is likely to be a candi date for the seat in Congress vacated by Congressman W. L. Jones. WHile in this city Mr. Rockwell was asked about his Intentions and stated that he had not made up his mind one way or the other. "Many of my friends throughout the state have urged me tobe a candidate," he said, "and It is possible I shall enter the race. I have always had an ambition to go to Congress some day, and If I can see a good opportunity in the present situation I shall come out as a candidate. "Jones Is a sure winner for the Senate, but I have some hesitation in advancing claims to be a successor of Mr. Jones, for he is an exceptionally good man and his place will be hard to fill with equal credit. The Spokane people have not como to any decision as to who they want." BODY. HAS NOT BEEN FOUND Ellen Waite Still In Columbia Sul livan's Remains Sent East. VANCOUVER, Wash.. Aug. 19. (Spe cial.) The body of Joseph Sullivan, who was drowned here Saturday night, was today sent to Staples, Minn, for interment. Dan Sullivan, brother of the deceased man, came here from Seattle, and will leave Portland for Minn, on the 11 o'clock train tonight. The body of Miss Waite who was drowned at the same time has not yet been recovered. Parties are still busy dragging the river. The diver who has been at work since yesterday morning quit searching this afternoon having looked In all places that are in accessible to the grappling hooks. CONSTRUES MILTj LICENSE IAW Little Concerns as Well as Big Ones Required to Pay. SALEM. Or.. Aug. 19. (Special.) Attorney-General Crawford has con strued the definition of what ' consti tutes a mill, factory or workshop, for the purposes of inspection and levy of fees to include all institutions wherein machinery is operated for manufacturing purposes, whether con ducted solely by the owner of the plant oc not. Under this interpreta tion all little shops wherein articles of furniture, etc. are made, come within the meaning of the act and the owners will be required to pay the annual license fee of not less than $5. WHISTLE'S BLOW IN HONOR Grant's Pass Pitcher Receives Ova tion at His Old Home. GRANT'S PASS. Or., Aug. (Spe cial.) A large crowd of admirers greated Henry Pernoll,' the baseball pitcher of Southern Oregon, today as he passed southward with the San Francisco and Portland teams. Steam whistles from the factories gave vent to the occasion as ol time friends grasped the hand that has made good. Flowers, peaches and many- other delicious tilings were crowded upon him. He received the greatest attention that has ever been be stowed upon a Grant's Pass boy in the history of Josephine ounty. A WONDERFUL TONIC. , Horsford's Acid PboDhate. Cooling, rfreshin-; and invigorating. Dlspsis that araggtd out reeling during summer. LUMBE RMEH.OFTEN RAISE "WOLF" CRY Announcement That They Will Be Active in Politics Not Thought Serious. HARD TO CONTROL VOTE Complications May Ensue From In jection of Lumber Interests in Washington's Guberna torial Fight.' , SEATTLE, Wash.. Aug. IS. (Special.) If the lumber interests get into the next gubernatorial fight they may complicate the situation more than the activity of any other Interest concerned over Wash ington politics. The lumbermen tried to M Wilaaf. WMW , nj u PELICAN BAY OPENS "INTO UPPER KLAMATH LKE. V HL ji W fir jtJZ 5 HARRIMAN'S LODGE AT PELICAN take part in the last gubernatorial elec tion, - but beyond writing a couple of letters and getting a couple of answers their fight did not materialize. The mill men were then fighting for a 40-cent rate Into Missouri River territory and they demanded of gubernatorial candidates a pledge of co-operation without which they threatened to oppose ...em in the election. Both Turner and Mead gave pledges of "assistance. The lumber interest did not win their 40-cent rate fight, but they did line up In the Railroad Commission movement and Have been in politics ever since for anti-railroad legislation. Aside from unit ing to oppose two or three proposed pieces of labor legislation and succeed ing in reshaping the acts controlling the work of the State Labor commissioner, the principal effort i f the millmen has been to hit at the railroads somewhere. In this they have been immensely suc cessful In a legislative way, bu- have not succeeded in their appointive efforts. Often Raise "Wolt Cry. it is a matter of political history that the lumbermen failed In their attempt to name one of the Railroad Commissioners from this state, and they have never been able to get a club they could hold over the heads of toe railroad officials to drive them into line. The lumbermen have been, disappointed In this and have never given up the idea that through concerted efTort they could remedy such a condition. The cry, of "wolf" has been raised by the lumbermen so per sistently that In their iatesL fight against the roads popular sentiment nas not been aroused. The lumbermen produce vast rows of statistics to prove that if the advance in freight rates contemplated for October 1, is made effective t..ey will be Injured beyond repair. The figures look good and sound convincing to those who have studied them, but the lumber in terests have been insisting for several years that the railroads were about to wipe .them out of existence and yet they live. It was declared three years ago that if the Missouri River territory was not opened for a 40-cent rate the mills would have to close. Then it was de clared the Railroad Commission alone would save the mill interests. Again the lumbermen insisted the car shortage would drive them out of business and required reciprocal demurrage enact ments. Of incidental moment were agi tations for a car stake law, that the public has since forgotten, but which at the time was made a big Issue. Another lumbermen fight was for weighing on the Coast instead of in the Bast. Public Not Interested In Fight. Some of these fights have been won, and a surface showing has been made in others. Eventually the lumber in terests might win on everything, but as a strict matter of fact, there has been bo much publicity about lumber fights against the railroads that it is hard now to stir up an interest when a live issue Is presented. This situation will affect the millmen when they dip Into politics next year, as thev threaten to do. The lumbermen will have to declaim again the urgency of their position and to insist that If they are not protected the biggest industry In the state will suffer. If the public will not rally to the millmen's support in a crisis like the one existing now. It is an open question whether the public would take an Interest in a millmen's political campaign. It ought to be recalled in this connec tion that the bellicose attitude of the lumbermen against the railroads has not the united support of the mill Interests. There Is a faction among the lumbermen that has always insisted that conciliation Is more profitable. This faction has urged that the lumbermen used to get along fairly well with the roads when they worked in political harmony with the railway representatives. It is point out in interviews now that the lumber men's trouble began when the lumber men commenced nghtlng the railroads, and these is some basis for this argu ment. It is a- fact that practically all the lumbermen's friction with -the rail roads has occured within the past three or four years, during which time the mill interests have been fighting some railroad issue. To such an argument the radical lum bermen have the response that if -the railroads are taking revenge for politi cal opposition they are doing something the law will not auuiorize. but the sit uation that exists rather than a theory as to how it was created worries most of the mtllmen. Lumber Vote Hard to Control. Another feature of proposed lumber activity in politics is that the employes of the lumbewnills and the logging camps are nosylo easily controlled as in the past. The same unrest exists in lumber, shingle mill and logging camp organizations that exists in other unions and the same trouble in controlling that vote would occur. Three years ago the lumbermen did not have much difficul ty in controlling their vote. They might SUMMER VACATION BAT, UPPER KLAMATH LAKE. run up against trouble in the future. None of the millmen really know how much of their vote they can deliver and only a cursory examination into politi cal conditions has been made. For all these conditions that threaten to complicate a lumbermen's political fight there is' the answer that the mill interests weild an influence of some character, and it is a -actor to be reck oned with. In any event the influence Is positive and the real question is uie size of a delivery that could be made. It is not probable the activity of the lumber men or a faction of the lumbermen would drive support away from any movement. It Js probable the mill interests could control something of a vote and all the untoward Instances, cited merely indicate the lumbermen's organization Influence could be minimised by past events. The threat of political activity is one that worries politicians, for not even the mill men themselves know Just yet wuat they will do. WORE SUIT COLOR OF DEER Jury Exonerates Martin Ophus. Who Killed Ed Olson by Mistake. EUGENE, Or.. Aug. 19. (Special.) Martin Ophus, who killed his friend Ed Olson, mistaking him for a deer, while the two were hunting on the McKenzie, was today entirely exon erated by the coroner's Jury at the in quest on the body of Olson. Ophus says that he did not fire hastily, but looked at the moving ob ject two or three times, took deliberate aim, and did not know what he had done until he reached . the dead body of his friend. By prearranged plan, the hunters should have been farther apart. .The fact that Olson wore a brown suit, nearly the color of a deer, caused the mistake. COULD NOT SURVIVE LOSS Bets on Wrong Horse and Jumps - Into Bay. SEATTLE. Wash., Aug. 19 (Special.) Louis Cohen, a tailor, lost 3500 betting on the races at the Meadows, then hired a boat and went out Into the bay to drown himself. Today the boat was found and a note written in Hebraic was discovered, tucked away in a lantern, describing his plight and providing for the payment of his debts. STEALS PACKAGE WITH $1000 Telegraph Operator Charged With Committing Crime. HELENA, Mont.. Aug. 19. (Special.) An express package containing $1000 in currency, shipped by the Union Bank & Trust Company, of Helena, to J. H. Tul lock, the postmaster at Lombard, Kan., has been stolen and the detectives of the Northern Pacific Express Company and the "authorities of Jefferson County are searching for both thief and plunder. H. L. Schlintx. the day telegraph oper ator at Lombard, is now under arrest at The Best Equipped Trust Company In the Northwest . Established April 18, 1887. Oar Trust Department will handle the closing of real estate transac tions, redeeming from judicial sales, clearing of incumbrances, obtaining releases, satisfying judgments, liens and claims, paying assessments, taxes, etc., and seeing to it that the instruc tions of both parties are implicitly followed. TheTitle Guarantee & Trust Co. 240-244 Washington Street, Cor. Second Portland, Oregon Townsend and though he denies all guilt, the police believe that he took the money. When the package disappeared suspicion immediately fell upon Schlintz. His room "was searched and stuffed into his pillows a number of stolen express packages were found. Schlintz admits having pur loined these small articles, but thus far h persists in claiming innocence of the money theft. v WRITES OBSCENE LETTER Young Man Objects to Aged Fath er's Second Marriage. NORTH YAKIMA, Wash., Aug. 15. (Special.) Deputy United States Marshal Nels Short yesterday arrested W. T. Dun lop, of Dallas, Or., against whom there were two indictments for using the malls for sending -obscene, lewd and lascivious letters. Dunlop was working on the Mil waukee line in Kittitas County, and the warrant for his arrest was issued May 6. He is said to have writTen the letters to his stepmother, ' formerly Mrs. Eddy. It appears that Dunlop, Sr., who Is 70 years of age, recently married Mrs. Eddy, who is to, and deeded all his property over to her. To this young Dunlop objected and took to writing the letters referred to. Marshal Short will take the prisoner to Spokane today and there get an' order to take him to the State of Oregon. ' Actirlty In Jacksonville. JACKSONVILLE, Or., Aug. 19. (Spec ial.) Arrangements are being made for the construction of two or three large business blocks in Jacksonville, one to be built of concrete and another of brick. A new brickyard is being opened here and many property owners will avail them selves of the opportunity to build While the material is so easily secured. .The brick and terra cotta clay In the vicinity of Jacksonville is said to be of the very -finest grade, but until lately It has been impossible to interest the manufacturers. More houses are being erected in Jackson ville this year than for ten years and real estate has advanced at least 50 per cent. Take Prisoners to California. . VANPOITVRR WKh. AiiV 19(Bt. cial.) By command of Major General' Greely, Department Commander, Cautaln Amos H. Martin, Fourteenth Infantry, and a guard will leave here tonight with prisoners for the Pacific branch of the United States military prison at Alcatraz Island. The prisoners are: Howard H. Broslus, William S. Camp, Charles H. McDermott. John Phillips, John Lanham, John Brockman, Joseph T. Varley, Colum bus Lewis and Walter Muncrlef. After turning the military prisoners over to the commanding officer at Alcatraz, Captain Amos and guard will return to Vancouver Barracks. Teamster Fatally Injured. .VANCOUVER, Wash., Aug. 19. (Spe cial.) James C. Furnish, a teamster, in the employ of the Government at Van couver Barracks, was thrown from his wagon yesterday and it is feared was fatally injured. Furnish was working In-the neighborhood of Pioneer, hauling supplies for the Fourteenth Infantry, ' i One From CHICAGO Take "LAKE SHORE" Ml MICHIGAN CENTRAL "The Niagara Falls Route" ''AMERICA'S SARATOGA, N. Y. and RETURN ACCOUNT OF MEETING Grand Army tohfe Republic Tickets on Sale Sept. 6-7-8 Good to Return to Sept 17 Extension to Oct. 6th secured by deposit and fee of S1.00 Tickets ROUTED VIA OUR LINKS will be accepted at yoar pleasure by the BOAT LIMES In either Direction, between DETROIT. TOLEDO. CLEVELAND and BUFFALO. Also between ALBANY and NEW YORK. SIDE TRIPS) STOPOVERS CHAUTAUQUA and RETURN I!?js?g&ri?. . . Fare from CHICAGO. 17J50: PEORIA, C2Z.30; ST. LOUIS. 637.80. BOSTON and RETURN AUG.6.io,zo.z4s8EFT.io,i4,z,i8 Fare from CHICAGO. $34.00 Fare from ST. LOUIS. $27.00 New England Resorts Ava-6-10-- SEPT-. .. From CHICAGO or ST. LOUIS, One Fare Plus 62.00 for the Round Trip. CANADIAN RESORTS daily until sept, so, oi From CHICAGO or ST. LOUIS. One Fare Plus 62.00 for the Round Trip. For farther Information apply to Passenger Agent of the NEW YORK CENTRAL LINES 132 Third Street, Portland WARREN J. LYNCH, Passenger Traffic Manager, CHICAGO now in camp in that vicinity. The heavy wagon passed directly over him, bruising his head, and breaking his collar bone. He is now at the Post Hospital, suffering Intense agony. - It is feared he will not recover. Too Soon to Marry. OREGON CITY, Or., Aug. 19. (Special.) Mrs. Mary Kramein and Peter Joseph Irmen appeared at the Courthouse this afternoon and sought a marriage license, when it suddenly, dawned upon the wom an's attorney that her decree of divorce had been granted only last April, and less than six months had elapsed. The mar riage was accordingly postponed. Unite In Annual Meeting. FRBEWATBR, Or., Aug. 19. (Special.) The Women's Christian Temperance Union of this city, held a union meeting iftillli (ilMti 'ill lliii.'l ! 1; 1T.J1HW. if-; ; IBifS Li-uBiiiHiiirfiiriiin!!Wi'VUniwisiT' nni-1"""""1 AVlf I "''Hi'.'ffifli'-- 'Si f i 1 111 t 1 I 1 frifi I li HIT I t a 1 1 2 are always bound to be exactly alike in quality and satisfaction. The rich, haunting flavor of their per fectly blended tobacco will top off the keenest day's sport, or banish the mem ories of a "hard day at the office." Each one equipped with its individual mouthpiece, and rolled in thin mais paper crimped, not pasted. ' Imperiales give all that rich tobacco taste without the "after effects" common to other cigarettes. 10 for 10 cents The men of the West smoked 100,000,000 Imperiales In 1906. Sold Eoerytvherm THE JOHN BOLLMAN COMPANY. Manufacturers San Francisco Erst! Fare-Round Trip From ST. LOUIS Take "BIO POCR ROUTE" From PEORIA Take Lake Erie Western GREATEST "BIO FOUR ROUTE" RAILWAY SYSTEM" SARATOGA to NEW YORK or Ronton and RETURN S8.0 SARATOGA to NEW YOKK or BOSTON and RETURN to ALBANY ., $5.00 at BATTLE CREEK. DETROIT, SANDUSKY. WESTFTELH and NIAGARA FALLS. ON GOING JOURNEY PaMemrrr to leave last stopover point not later than ept. 9th. ON RETURN JOURNEY 10 days within transit limit. with the Milton union in that city. It was decided that the Umatilla County annual W. C. T. U. convention be held In Freewater city during the first week in October. V Pastor Resigns Second Time. NORTH YAKIMA, Wash.. Aug. 19. (Special.) For the second time in a month Dr. F. L. Hayden, pastor of the First Presbyterian Church, has handed in his resignation. Dr. Hayden recently withdrew his resignation at the request of the majority of his congregation, but has now decided not to remain. His ac tion Is due to factional troubles m the church. Sore and Tender Feet Cured by "The Household Surgeon." Druggists re fund money If Dr. Porter's Antiseptic Heal Inir Oil falls. 23 The Cook Knows know that his reputation is safe when he prepares a cup of Ghirar delli's Cocoa. . He may be sure that its delicious fra grance will please the most exacting guest. With his own breakfast, also he drinki a cop of Ghirardelli's Cocoa I tmmm 4v.Vi; Ji'.vr:'--" D a. H H El M to a M U a H H U a M a H PI H H a M H M M H n M . H iiisinmnniiiBiiiiiiaiiniiu