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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 4, 1908)
VOL. XLVI XO. 14.688. PORTLAND, OREGON, SATURDAY, JANUARY 4, 1908. PRICE FIVE CENTS. 10 GIVE UP HOLDINGS Influenced by Ladd's Move to Rescue. BANK PRESIDENT EXPLAINS Declares He Always Intended to Sacrifice Fortune. AWAITED PROPER MOMENT Will Ask That His Personal Estate " , Be Devoted to the Payment of Claims Before Mr. Ladd's Money Is Lscd. WILLING President Robs, of defunct Title bank, offers to turn over his own estate for payment of depositors, now that W. M. Ladd has agreed to guarantee the bank's indebtedness. Text of Ladd's agreement has been drafted by District 'Attorney Manning and submitted to Ladd's attorneys. Mr. Ladd has not reached an agree ment with American Surety Company. His friends deny that he is trying to shun such agreement. According to text of depositors' agreement, surety company will get from Iadd the $100,000 which it has paid state and the $295,910 which it has promised to pay state In two years with 5 per cent Interest, In three years with 4 per cent Interest. The surety company wants better terms. Attorney W. C. Bristol, representing surety company and state, yesterday petitioned Judge Wolverton to order Receiver Afears to restore the state school money. $288,000, dollar for dol lar, as a trust fund, "prior to payment Df money to any other individual," and to defer until this matter shall be de termined, distribution of $34,000 trust funds, which the receiver has asked the court to authorize. Judge Wolverton deferred decision in fhe matter until January 10. i . Should the surety company win this contention, it will not need the guarantee at Ladd as to the school money llnce the state's claim . will be paid in full out of the first moneys ob tained from the assets. Should the sure ty company fall. It will fall back on the timber land collateral, which the, Ross bank signed over to the state as security for the state money. ... Attorney Joseph Simon, representing Receiver Mears, reiterated in court yes terday, that the receiver will take legal steps to regain the timber land collateral on the ground that It was Illegally given. Bristol responded that the surety com. pany and the state stand ready to defend their claims to the collateral. At the same time Ross credited himself with $17,000 on his $31,000 note (just before the wreck, during the holidays) and Ladd & Tllton received $26,000 on account of debt to that bank, Wallace McCamant was credited with $1000 on his $5000 note, all this being on November 2. When bank fell November 6, the teller's cash book showed $133,000 cash on hand, of which $128,500 was overdraft, due from the "general department" and but $4500 was gold, sliver, paper money and "tags." On last day bank was open, October IS. the teller's cash was $43,000, and there was an overdraft due from the general department of $80,009. Transactions rui through the bank, between October 28 and November, increased the overdraft and depleted the cash. On April 21, 1906. the general earnings were credited with $53,200. as 20 per cent discount on purchase of $266,000 bonds of Oregon Land & Water Company (Uma tilla irrigation project). In other words, the value of the bonds was anticipated to the extent of $53,200, and depositors' money was used on expectation that those earnings would restore it. The bonds are of doubtful value. The bank listed them at par among its bond assets. These bonds were sold to the bank through Ross' dummies, Coy and Reid. and a fat rake-off was made by Ross in the transaction. The debt to Ladd & Tilton began when the Title Company organized tn 1891. De cember 31. of that year. It was $2035.59. It grew steadily each year, In form of overdraft on l.add Tilton, until on April 15. 1307. It was $7t.TS4. It is now 1607.256, and the sum of" $193,000 was paid by the fallen bank to Ladd & Tilton be tween April 15 and November 2. During the past year Ross had no per sonal account on the books of the bank. His personal funds were carried in the rash of the bank, for which he drew checks. An employe of the bank kept for him a personal cash book and ledger, which have vanished. It thus appears that Ross had free use of the bank funds by this system. All vouchers, being his checks canceled, have also vanished. The hank officers all had their salaries Increased this year and last.- Rossi' surrender of his personal estate to Mr. Ladd will benefit the latter to the extent of some $muK. if Ross" estimate of its value Is true. The president of the wrecked institution yesterday announced 'that ever since the crash he has intended to "devote my private property to the payment of Its liabilities," but has been waiting for Mr. Ladd to guarantee the ndebtedness before so doing. The fol lowing announcement was received by The Oregonian from President Ross yes :erday: JVKTLA.ND, Jan. 3. l To the Editor.) As Is known to my counsel and to a number of others, including counsel for the Receiver, it has been my purpose at all times, since the suspension of the Title Guarantee & Trust Company, to devote my private property tj the payment of its liabilities. Because I had thought I could be more helpful by so dolng and because of some private Indebtedness of my own, it has seemed to me bct to with hold any public declaration of my purpose until this time. ' 1 think it proper for me now to state that last week I was Interviewed by a gentleman who claimed to come from Mr. William M. Ladd. I was asked whether I would be will ing to turn over certain specified asset to Mr. Ladd '.n the event of his guaranteeing the Indebtedness of the Title Guarantee &. Trust Company. My answer was that I was willing so to do. I have heard nothing from Mr. Ladd for a number of days last past, but I am willing to turn over to him substantially all my assets, reserving only so much of the same as Is sufficient to pay my own indebted ness. This is substantially what I consented to do last week. The proposition then dis cussed, and to which I gave my assent, con templates that my estate shall be first ex hausted in the payment of the debts of the I r. km ff re. : '.-x x . w x s Senator Eugene Hale, of Maine, Who Will Champion the Cause f Ad miral BrownsoD In Navy Depart ment Dispute. Title Guarantee & Trust Company before any advantage Is taken of Mr. Ladd a guaranty, this beinjr my own desire. J. TfiORBURX ROSS. List of Ross' Properties. The chief holding of Mr. Ross is a 41H4 per cent interest in the Commercial build ing, which interest he values at J146.000. His several properties, listed in a state ment which he left in the bank, are as follows: Twelfth-street property trust, one- flfth Interest $ 7.000 Sunnyslcle Third Addition, trust one-eighth interest 1.300 South St. John trust, one-tenth In terest 935 R'otnmere trust, one-fifth interest. . 12,000 Fitch tract trust, one-fifth inter est 8.000 Chase tract trust, one-tenth Interest 2.000 North Irvlngton trust, three-fifths interest 200 Commercial Trust Company (Com mervial block) Ross, 100 shares: N. Coy. 24 shares; W. W. Reid. 24 shares; A. A. Lindaley. 3 shares 146,000 Ladd -Ross trust, three-fifths In terest (Mount Tabor) 20,000 Oregon L.and & Water Company, alt shares 5.O00 Total $202,435 Guarantee Is Drafted. The guarantee agreement, which Mr. Ladd is to sign for the benefit of deposi tors, was submitted yesterday to Mr. Ladd's attorneys by District Attorney Manning and will be signed probably next week. Its terms are those proposed by Mr. Ladd last Thursday and ac cepted by the depositors committee namely, payment of o00 deposits or less within two years and of larger deposits within three years, both with interest at 4 per cent. The agreement submitted is as follows: Text of Agreement. This agreement, between J. O. B. Scobey. S. J. Barber, Nathan Solomon. C. E. Moul ton, J. R. Weatherbee and A. C. Panton. for themselves and representing the depositors of The Title Guarantee & Trust Company, hereinafter referred to, parties of the first part, and William M. Ladd, party of the second part, witnesseth: That, whereas. The Title Guarantee & Trust Company, a corporation, was engaged in the business of banking in the City of Portland, Oregon, from the day of to the day of . and. as such banking institution, received a large number of deposits from many depositors; and Whereas, the said William M. Ladd was, and Is, a stockholder In the said corporation and was a director thereof from the day of until the day of July, 1907: and Whereas, the said Title Guarantee A Trust Company became heavily Involved and embarrassed and was. on the day of - - -; obliged to suspend payments and close it doors, and was. and is wholly unable to pay Its saM depositors; and Whereas, the said corporation has a large amount of assets, property and securities; and Whereas, a suit is pending In the Circuit Court of the United States for the District of Oregon, brought by . a stockholder of the natd corporation, against the said corporation to wind up its affairs, in which suit a receiver has been appointed and is now acting and has charge and con trol of the assets of the said corporation; and Whereas, it is necessary that said de positors shall grant an extension of time to said corporation within which the said assets may be reduced to cash; Now. therefore, it is hereby agreed be tween the parties hereto that, in considera tion of .he premises and of the extension of time hereinafter mentioned by the said depositors for the payment of their claims by the said Title Guarantee & Trust Com pany, and In consideration of the agreement which the said depositors hereby make, that the said William M. Ladd shall have the right, with the consent of the said court in said cause, to manage and control the said assets and reduce the same to cash, the satd William M. Ladd agrees with all of the said depositors that he will pay all of the deposits due by the said Title Guarantee & Trust Company to the depositors within three 3) years, in the manner following: First That he will, as soon as possible without too great a sacrifice, reduce the as sets of the said corporation to cash, and as the same shall be reduced to cash, at periods of six months, beginning with the period of six months after the date of this agreement, he will distribute the cash so realized from said assets as at that time may be In his hands, pro rata among the said depositors. second That he will pay all depositors who now have claims against the satd cor poration In sums of five hundred dollars $ro0 and less whatever balance may be due them at the end of two 1I. years from the date of the proof of their claims, to be made as hereinafter designated. Third That he will pay all depositors having claims of more than five hundred dollars $.VK whatever balance may be due them at the end of three (3 years from the date of the proof of their claims. Fourth It is the true intent and meaning of this agreement that the said William M. ladd shall pay the claims aa aforesaid as far as may be within said times above Concluded on Page 5.) EACH CHAMPIONS DIFFERENT Bourne and Hawley Name Candidates. FOR OREGON ATTORNEYSHIP Question Up to President and ,. .Attorney-General. BINGHAM OR SCHUEBEL Bonaparte Turned Down One Man Because Attorney for Defendant in Land-Frand Case Point May Go Against Schuebel. OREGONIAN NEWS "BUREAU, Wash ington, Jan. 3. The fight over the Dis trict Attorneyship in Oregon Is now on. George G. Bingham, of Salem, in dorsed by Senator Fulton, Representa tive Hawley and Representative Ellis, and Chris C. Schuebel, of Oregon City, Indorsed by Senator Bourne, are the opposing condldates. President Roose velt will make the decision. Mr. Bourne and Mr. Hawley called at the White House together this morning to tender to the President the recommendations of the two candi dates. They remained but a, short time and nothing was said that would give the slightest indication as to what the President's decision will be. He merely informed his callers that he would con sult with the Attorney-General in re gard to the matter, and later at a cabinet meeting informed Mr. Bona parte of the wishes of the various members of the delegation. It is un derstood that Mr. Bonaparte will make inquiry as to both Mr. Schuebel and Mr. Bingham before submitting his rec ommendation to the President. Bourne Silent but Confident... Mr. Bourne, when asked about his indorsement of Mr. Schuebel, replied that he had nothing to say at this .time: He would not attempt to predict which candidate the President will appoint, but from the tenor of his conversation it was quite apparent that he believes he will win out over his colleagues. He seems satisfied with Mr. Schuebel's chances. s Mr. Hawley recited the facts leading up to the indorsement of Mr. Bingham, which substantially support the state ments previously made in these dis patches. On December 26, Mr. Fulton, Mr. Hawley and Mr. Ellis met to con sider this appointment. Mr. Bourne asked to be excused from that confer ence, for he felt - it would be useless for him to sit with the delegation, as his mind was made up. After consid ering the available candidates, Mr. Ful ton and the two Representatives agreed upon Mr. Bingham, because he is an attorney of many years1 residence in AND HE Mi - t .: i Oregon and a lawyer of recognised ability and extensive practice in the higher courts of the sjtate.- After reaching their agreement the three members of the delegation drafted 'a etter to the Prsident recommending Air. Bingham's appointment. Alternatives Offered Bourne. This letter was given to Mr. Hawley, as Mr. Fulton and Mr. Ellis left for Ore gon immediately after the conference. Mf. Hawley was instructed to present this letter to Mr. Bourne, out of cour tesy to him and because of a desire to unite the delegation on some available candidate.. He was to submit it on three conditions: , First, that, if Mr. Bourne felt that he could unite with the other members of the delegation on some can didate other than Mr. Schuebel. the matter would be open to reconsideration; second, if Mr. Bourne desired further time for reflection and wanted no action taken immediately, the letter to the Pres ident would be ' withheld temporarily; third, if Mr. Bourne felt he must support Mr. Schuebel continuously, then Mr. Haw ley was to present the letter to the Pres ident on behalf of his colleagues. Mr. Hawley saw Mr. Bourne within an hour after his conference with Mr. Ful ton and Mr. Ellis, and Mr. Bourne prom ised to notify him when he would be ready to act. Last night he informed Mr. Hawley that he would go with him to the White House this morning. Objection to One Candidate. It is not known whether the President will reach a decision before Congress as sembles next Monday, or whether he will make a careful investigation before send ing a nomination to the Senate. From what Mr. Bourne said, it Is inferred that he believes actton will be prompt, but it is hardly probable the President will act before the Attorney-General reports. In this connection it should be stated that the Attorney-General would not con sent to the appointment of one applicant for the District Attorneyship, because he is attorney for a defendant in the land fraud cases soon - to be tried. . In view of that ground, there is room for specu lation as to whether Mr. Bonaparte will consent to the appointment of a man so close politically to George C. Brownell as Mr. Schuebel is known to be. The point has been made that if counsel for a land fraud defendant is not capable of filling the District Attorneyship, certainly a close personal and political friend of Brownell, who is yet to be tried, is no better qualified. Senator Against Senator. When W. C: Bristol's nomination was withdrawn from the Senate, the Attorney-General requested both Senators to submit the name of a man for appoint ment to the vacancy, but did notrequest the Congressmen to do so. But previous to that time the delegation, as it had a perfect right to do, agreed that the Con gressmen should be consulted regarding this appointment 'and.- inasmuch as they were invited to participate by both Sen ators, it is reasonable to expect the de partment will give consideration to their preferences. Mr. Bourne may profess that this-contest tsorely between himself and Mr. . Fulton, : In which trase the President would be called upon to decide only be tween two Senators, but such a course is not probable, particularly as Mr. Bing ham is a fellow-townsman of Mr. Haw ley. Mr. Bourne, it is said, has no objection to offer to Mr. Bingham, whereas ail the other members of . the delegation are strongly opposed to Mr. Schuebel. Should Mr. Schuebel be appointed, his nomina tion would go to the Judiciary commit tee, of which Mr. Fulton is now a mem ber, and another fight might follow, de pending entirely on Mr. Fulton's attitude. New Washington Postmasters. OREGONIAN NEWS BUREAU, Wash ington, Jan. 3. Washington Postmasters appointed: Heine. Pearl H. Nygren, vice W. J. Metcalf, resigned; Kerriston, John A. McRae, vice J. J. W. Kerry, resigned: Pysht. Harriet E. Haviland, vice William Crawford, resigned. - MERELY CAME BACK TO IE CASE IN JURY'S HANDS Retire at 8:50 P. Mfor Deliberation. JUDGE WOOD FAVORS STATE Instructions Are More Liberal Than in Haywood Trial. DEFENSE DOES NOT ARGUE Refuses Hawley's Challenge to Pre sent Other Side of Story Pet tibone Is Carried- Into the Courtroom. BOISE, Idaho, Jan. 3. The jury In the case of George A. Pettibone, charged with conspiracy in the murder of ex-Governer Frank Steunenberg, began its delibera tions at 8:60 o'clock tonight. The last day of .the trial was occupied by the ar gument of James H. Hawley, for the prosecution, and the Instructions of the court. The defense carried out its announced resolution not to argue the case, thus preventing Senator Borah from address ing the jury. i Hawley fairly dared the attorneys for Pettibone to speak In his behalf, but they sat dumb when he con cluded, and when asked by Judge Wood if any argument would be presented by the defense. Judge Hilton, answered: "Certainly not." . Carried to Courtroom. The courtroom was cleared before the jury retired, but the attorneys, defend ant and a few of his friends waited for a time in the hope of hearing .the verdict tonight.. . No session of court was held this after noon' on account of the Illness of Juror Stahl,' but he recovered" sufficiently for the trial to proceed tonight. -Pettibone was a very sick -man during the day, bat" insisted on the trial being concluded. It was- necessary to carry him to the court room tonight. Wants to Hear Other Side. In closing Hawley argued that every circumstance In the evidence pointed to the guilt of Pettibone. Calling the list of the score of men killed by Orchard, the prosecutor said that every one was an enemy of the Western Federation of Miners, and he said that during that time no friend of the Federation met his death through violence. He said that whiie Orchard was, he conceded, one of the worst criminals of the century, he re garded those who hired him and directed him as vastly worse than he. He went over the documentary evidence which, he said, proved the defendant's guilt. Hawley concluded at 8:10 and Judge Wood asked Juror Stahl, who has been REGISTER PEN BOH ill. if he felt able to proceed tonight. 'Tea." answered Stahl, "I would like to hear the other side." The significant remark was passed, and Judge Wood proceeded with the reading of his Instructions. Instructions Favor State. The instructions differed to some extent from those given in the Haywood trial. Judge Wood held that on proof of the ex istence of a conspiracy to kill enemies of the Western Federation of Miners; that the defendant was a member of such con spiracy; that Steunenberg was regarded as an enemy of the Western Federation of Miners and that If his murder was a result of the conspiracy, the defendant should be found guilty. The jury was Instructed that if these facts were proven, It was not necessary to show that the defendant was cognizant J k ' ' - Nj Countess of Yarmouth; Formerly Mis Alice Thaw, Who Has Sued .for Divorce. of the crime charged in the Indictment at the time It was committed. The jury was instructed that the accomplice must be corroborated by independent testimony tending .to connect the defendant with the crime charged, but said that such corroboration need not of itself be suffi cient to prove the guilt of the accused. The reading of the instructions was con cluded at 8:50 o'clock and the jury re tired for a .consideration of the case. STATK IS WEIili SATISFIED Prosecution Believes Its Case Has . Been Clearly' Defined. .' BOISE, Idaho. Jan." 3. SpeciaI.) Those connected with" the prosecution In the Pettibone case, express themselves as bet ing well satisfied with the Instructions given the jury by Judge Wood tonight, and the feeling prevails that the views of the state are more clearly defined. The Instruction asked for by the defense that the acquittal of. Haywood should be taken into consideration by the jury wag denied by Judge Wood, while a number asked for by the state amplifying the definition of the law of conspiracy were granted. CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature. SO degrees; minimum, 41. TODAY'S Occasional rain; southerly winds. Foreign. Counte3 of Yarmouth. Harry Thaw's sister, sues for divorce. Page 2. Harden sentenced to Jail and court declares names of Von Moltke and Zu Enlenburg Meared.. Page 3. Count Boni ind Prince de Sagan both refuse to fight. Page 2. Witte and Kuropatkin have controversy about Russo-Japanese war. Page 5. National. Rival candidates for District Attorney lecommended to Roosevelt. Page 1. Rio Janeiro preparing hospitality for fleet. Page 4. Politics. . Foraker denounces method of holding Ohio primaries; Taft men defend them. Page 4. Domestic. Pea5e conference between tobacco trust and growers falls; details of Russellvllle raid. Page 4. Hackensack Meadow mystery solved by identification of woman and arrest of her husband. Page 5. Judge Hint sentences Butte labor union men who deported nonunionlsts. Page 4. Governor orders troops to Euppress Muncle riots. Page 2. Colonel Burke, Vancouver - hisamist, pleads guilty and makes strange request. Page 2. Canadian Pacific steamer missing with 400 - persons on board and reported given up. Page 5. Sport. Coast League practically give up hope of six teams.' Page 5. ' Pacific Coast. (Senator Fulton calls on Heney to make good his charges, page.1. More Japanese reach Vancouver. B. C- Page 0. Severe earthquake In the Arctic. Page 6. Mad scramble for Mayor in Seattle. Page 6. Pettibone case goes to Jury at 8:30 P. M. Page 1. Seattle labor unions boycott 1909 Exposition. Page l. ' Commercial and Marine. Strong undertone In Northwestern oats mar ket. Page 15. Wheat advance held down by free selling. Page 15. Sharp fluctuations in stock prices. Page 15. Trade is quiet in nearly all sections. Page 15 Sailing vessel collides with the lightship off the mouth of the Columbna River. Page 14. Portland and Vicinity. President Ross of defunct Title Trust Bank now willing to devote private fortune to payment of creditors; W. M. Ladd and Surety Company not yet In agreement. Page 1. United Railways system proves its worth to business men. Page lO. Contractors attack policy of city in with holding payment for work completed. Page 10. Police demand appointment of bail and war rant officer for duty at central station. Page 10. Business men of state out of patience with Harrlman'l policy of delay and neglect. "Page 10. Louis J. Wilde, threatens to abandon plan for reorganisation of Oregon Trust ft Savings Bank, page 7. Receipts of Street Railway Company show big increase over year ago. Page 14. CALLS DN HENEY TO "MAKE GOOD Fulton Demands Facts as to Charges. BRANDS REPORTS AS BASE LIES Insists Prosecutor Deny Prove Insinuations. or SENATOR IS NOT AFRAID Confident He Has Knowingly Hone Xo Wrong, He Is Willing; People of Oregon Shall Inspect Every Act of His Official Career. ASTOP.IA. Or., Jan. 3. (Special.) Tired of the insinuations which Francis J. Heney has been quoted as making regard ing his official acts, United States Sena tor Fulton today addressed an open let ter to Mr. Heney, calling on him cither to. deny his responsibility for the insinua tions or to make a public statement of the alleged facts on which the accusations are based, so that the people may judge as to their truth or falsity. Senator Ful ton's letter is as follows: "Malicious He," Says Fulton. ASTORIA, Or., Jan. 3, 11)08 Mr. Francis J. Heney Sir: During your recent visit to Portland there appeared In The Oregonian a purported Interview with you In which you were quoted aa saying that you had la your possession evidence that' I have been guilty of some corrupt act. My attention having been called thereto by a representa tive of a Portland newspaper. I said: "If, as reported by you. Mr. Heney charges that I have been guilty of any manner of corrup tion, I brand the statement as a wilful, de liberate and malicious lie." My answer was published December 20 last, and I assumed that In view of such state ment' you would adopt the only manly course Open to you and. either repudiate the Inter view or make a public and frank statement of the facta, or alleged facts, on which your statement was based. You have done neither, although in a Washington paper you are re ported to have said that you "never said In an interview for publication discreditable things regarding Fulton," but that "a Port land paper may have printed some thing you said privately." "Let the Facts Be Given." Whether uttered privately or publicly, openly .or secretly, any charge that I have been guilty of a corrupt or discreditable act fcs an Infamous falsehood. I therefor demand that In Justice to my self and the people of this state, whom I have the honor in part to represent in the Congress of the United States, you publicly and specif ically set forth the grounds on which you base the charg-a of wrong-doing on my part. You shall not longer hide behind Insinuations. Let the facts be given and given at once. If facts there be. I stand ready, at all tltnea to meet any charge that may be brought against my record as an official and, confident in the knowledge that 1 have knowingly done no wrong, will undertake to satisfy the people of Oregon of the rectitude of my conduct and official career. v C. W. FCLTON. BOYCOTT THE EXPOSITION SEATTLE UNION .DISGRUNTLED AT COMMITTEE. Want Strictly Union Labor Clause Embodied in Contract, Which Is Refused Other Labor Troubles. SEATTLE. Wash., Jan. 3. (Special.) At a meeting; of the Building Trades Council tonight, the assembly voted to call upon labor organizations everywhere In the country to lend support to oppo sition to the 1509 fair. Action was taken after the executive committee of the ex position had refused to incorporate in building contracts a clause specifying that only union men be employed. J. E. Chllberg, president of the Alaska-Yukon-Pacific Exposition, says: "After considering the demands of the union, the executive committee decided it could not discriminate. Money sub scribed for the exposition came from all people. We do not object to unions nor union men. We refuse to play favorites." By the declaration of the open-shop policy, notices of whtcb went into effect yesterday, causing the walking out of 160 employes in the metal works of this city. Seattle Is facing a general strike which means that at least 5U0O men will oecome involved, and at least $1,000,000 in building will be retarded before a settlement Is reached. The contractor for the new J150.000 First Methodist Episcopal Church todav defied the unions and placed a force of non-union men at work. . Both master builders and the unionists are now await ing results, and full development of the strike may not come to a general walk out until next Monday. Files Brief in Boundary Suit. OREGONIAN NEWS BUREAU, Wash ington, Jan. 3. Senator Plle-s.of coun sel for the State of Washington, today filed a brief In the Supreme Court in the case of the State of Washington versus the State of Oregon, involving the ownership of islands in the Colum bia River. Both stateu are claiming Jurisdiction and sovereignty to val uable Islands and sands in the channel near the' mouth of the river, and the brief filed today answers the brief filed by the State of Oregon, December in the same case.