THE MORNING OREGON1 A.N. TUESDAY, MAT 26, 1908.
SEARCHLIGHT ON
SUIT TO BE FILED
WITHIN FEW-DAYS
KOCHEE-CHRISTENSON WEDDING CELEBRATED AT
BELL CENTER, WASH.
UMAT1LLAFRAUDS
lty ill
Federal Grand Jury Investigat
ing 25,000-Acre Grab in
Eastern Oregon.
PROMINENT MEN INVOLVED
Legislation Shaped to Aid Scheme,
and Beneficiary rI fcale Said to
Have Had Advance Informa- .
tlon Judge'9 Instructions.
DEVKI)PMKNTa FN J.AVD-
FRAin PBOsmnoxs.
FerWa grand jury elected to In
vesdfrate frauds In Umatilla County
by which prominent citizens are said
unlawfully to have acquired about
2R.0O0 acres of unallotted Indian
lands.
United States Attorney McCourt
flies equity suits to annul patents
to 9280 acre of valuable timber
land !n Linn County. obtained
fraudulently by C. A. Smith, mil
lionaire timberman of Minneapolis,
Minn.
B. T. Townse.nd. special assistant
to Attorney-General Bonaparte, ar
rived from Washing-ton this week to
file suit to restore to the Govern
ment about 3.01)0.000 acres of land
Included In the Oregon and Califor
nia land grant.
Tracy C. Becker, special assistant
to Attorney-General Bonaparte, re
turns from Los Angeles and next
Tuesday will resume the prosecution
of the pending Oregon land-fraud
trial. First case, that against J.
H. Booth. ex-Register of the Rose-'
burg Land Office, under Indictment
charging him with bribery'.
A Federal grand jury of 23 members was
selected In the United States Court yes
terday and immediately began the consid
sratlon of evidence connected with land
frauds alleged to have been perpetrated
in Umatilla County. United States District
Attorney Mct.'ourt assisted by his deputy,
Walter H. Evans, has charge of the jury
and is personally presenting the evidence
if the alleged frauds.- Subpenas have
been issued for 118 witnesses, consisting
principally of residents of Umatilla Coun
ty, and it is expected that fully 10 days
will be required properly to present all
of the evidence before the members of the
jurj.
The alleged frauds consist of the unlaw
ful acquisition of about 25,000 acres of un
ellotted lands that originally comprised a
part of the Umatilla Indian reservation.
The lands Involved are located In town
ships 33 to 36, inclusive, south, of ranges
1 and 2 east. It is reported the evidence
that will be presented to the jury will
implicate several prominent citizens of
i'matllla County, Including J. 11. Raley,
W. J. Furnish, William Slusher, T. T.
Thompson, B. P. Marshall and Frank
lurl. If the legislation by Congress, by
which 'tile seizure of these lands was ex
pedited, is allowed to ligtire in the case. It
Is. rumored that Senator Fulton may be
connected with the alleged frauds in that
he is reported to have assisted In the en
actment of different measures In Congress
lor the furtherance of the scheme.
Original Terms for Sale of Land.
The pending investigation Is the out
growth of tile disposition of about 25,000
acres of unallotted Umatilla Indian lands.
In 1SS5 Congress passed an act provid
ing for the sale at public auction of these
lands, with the provision that they should
lie disposed of in not greater lots than
H10 acres to each applicant, consisting
equally of timbered and non-timbered
land: that the settler was to. agree that
the title to the land should not inure
to any other person than the applicant,
that the land should be cultivated and im
proved," and that the applicant should
be allowed to pay for the same by de
positing one-third of the purchase price,
paying another equal Installment in two
years, and the remaining one-third within
live years.
Under this plan for disposing of the
lands, only a small acreage was sold,
and in 1902 the law was amended so as
to provide for the sale of the remainder
of the lands at private sale, this legis
lation being secured through the efforts
of Senator Mitchell and Representative
Williamson. But this amendment did
not eliminate the regulations requiring
residence and cultivation of the land,
neither did it Increase the amount any
one purchaser could acquire, nor did it
change the terms of sale.
Congress Eliminates Restrictions.
In March, 1906, however, a further
amendment was p;used eliminating from
the law all requirements as to residence
on the land and its eultivation and pro
viding that patents issue when it had
been shown that the land was more
valuable for grazing than for timber or
agricultural purposes. This amendment
was followed in June, 1006. by still an
other modification of the law by which
all restrictions relating to the disposition
of the land were removed and provid
ing that patents should issue when It
appeared to the satisfaction of the Sec
retary of the Interior that the (lands
were valuable chiefly for grazing. It is In
connection with the last two amendments
that Senator Fulton is said to be con
nected with the case, he haying brought
about their favorable consideration in
Congress, after having visited the lands
in question. At the time of this visit,
however, it is said that Senator Fulton
was deceived by the designing land-grabbers
In that he was shown only such
portions of the area as realty were bet
ter suited for grazing than for timber
and agricultural pursuits. It was on this
representation that he afterwards sup
ported the amendments.
Advance Information to Raley.
It Is also understood that the Govern
ment officials are in possession of a tele
gram that was sent by Binger Hermann,
from Washington, to J. H. Raley at
Pendleton, In 1906. apprising Raley of the
time, when the unsold portions of the
Indian lands would be thrown open to
settlement without reservation as to acre
age, residence or settlement. With this
advance Information it is alleged Ralev
was enabled to make prior tilings at the j
Alfreil Kerher, Amelia Christenson.
Saturday evening. May 23, at Bell Center, near Washougal. Wash.,
Alfred kocher and Miss Amelia Christenson were married by Rev. Mr.
Snyder at the home of the groom's father. Nicholas Kocher, a well
known pioneer farmer of that locality. The bride is the oldest daugh
ter of Mr. and Mrs. Nels Christenson, of Stafford. Or. About 50 guests
were present, many of whom were from Portland, and the festivities
were the most elaborate ever given in that section. The presents were
numerous and very beautifuL The guests were: Nicholas Kocher, G.
N. Kocher, Mr. and Mrs. Nels Christenson, Louisa Christenson, Irene
Kocher, Fred Kocher, Mr. and Mrs. C. M. Zadow, Mr. and Mrs. Harry E.
Strauss, Mr. and Mrs. E. S. Ferguson, Mr. and Mrs. W. Lindsay Hay,
Bertha L. Castello, Mrs. L. Glosser. Frank Glosser, Frank S. Roggers,
Lena Pohl, Gussie Pohl, Albert Pohl. Mr. and Mrs. Fred B. Stewart.
Mr. and Mrs. George Breslin, Frank IT. Jones. Phil Buslack, Mr. and
Mrs. Fitzgerald, Nellie Fitzgerald, L. C. Grund, John Wayley, Minnie
Gross. Guy Gross, Mrs. Jenny, Thomas Jenny, L W. Nagle, W. E.
Nagle, S. M. Alrlrich, "Mrs. Aldrich, Mrs. Strasburg, N. W. Strong,
James D. Strong and many others. ,
La Grande Land Office on the great bulk
of the land to the exclusion of bona fide
settlers.
After the grand jury had been drawn
and sworn yesterday, Foreman Pugh tak
ing an Individual oath as foreman. Judge
Wolverton delivered exhaustive instruc
tions to that body as to its duties. He
admonished the Jurors, that their deliber
ations should take place with the great
est secrecy and that they should at no
time discuss publicly any phase of any
case they might be investigating. The
instructions were substantially the same
as those delivered to the other grand
juries that have investigated the land
frauds of the state, consisting of a de
tailed interpretation of the United States
land laws.
McCourt Selects Grand Jury.
The examination of the jurors touching
on their qualifications to sit as members
of the grand jury was conducted with ex
pedition by District Attorney McCourt.
Only a few questions were asked of each.
Each Juror was questioned first as to
his citizenship and residence, if he was
a taxpayer and whether he had served
either as a grand or petit juror in the
Federal Court during the last two years.
An amusing incident took place when
Judge Wolverton was receiving excuses
from the different veniremen who sought
for various reasons to avoid jury service.
Among the large number was John B.
Coffey, of Portland.
'I have two or three reasons for ask
ing to be excused." said Mr. Coffey, ad
dressing the Court. "In the first place.
it Is Impossible for me to be away from
my business. Secondly, I am connected
with a fraternal society which would In
terfere with my service as a Juror, and "
"You are a candidate for a political
office, are you not?" Interrupted Judge
Wolverton. -
"Yes, your honor, I am a candidate
for State Senator," admitted the pros
pective juror.
"Well, that Is enough In itself to excuse
you. You are excused," solemnly replied
Judge Wolverton. while the spectators
smiled audibly.
There really was nothting In the Court's
remarks to warrant laughter, since can
didates for political office are exempt
from jury service in the United States
Court.
The grand jury Is composed of the fol
lowing: J. W. Pugh (foreman), Shedd. Linn County.
C. H. Southern, Bond. Wasco County.
John J. Rowley. Dayton. Yamhill County.
Ira B. SturgUw. Baker City. Baker County.
Jesse Severn. Junction City. Lane County.
H. G. Nicholson. Medford, Jackson County.
Gus P. Kellern Portland.
J. W. Lytle. Island City, Union County.
6. M. Kelly. Roseburg, Douglas County.
"W. O. Zeigler. Eugene, Lane County.
"v. H. Grabenhorst. Salem, Marion County.
H. S. FMrman. Kugene. Lane County.
N. Eastorbrook. Portland.
William M. Daniels. Portland.
W. A. Alcorn. Linnton. Multnomah County.
Frank Campo,' Barlow, Clackamas County.
G. V. Gage. EMllard. Douglas County.
William F. Gilkey, Dayton, Yamhill County.
William Cornelius, Walton. Lane County,.
B. C. Holt, Harrlsburg, Linn County.
John M. Bristol, Portland.
L. Q. Bower, Bilverton. Marion County.
Nathan Harwood, l&ugene. Lane County.
SirX AGAIXST TIMBER RIXG
Government Seeks to Cancel Patents
to Land Obtained by Fraud.
United States Attorney McCourt, for the
Government, yesterday filed equity suits
in the Federal Court against C. A. Smith,
millionaire timberman of Minneapolis,
Minn.: Frederick A. Krlbs, Smith's finan
cial agent in this city, and others, to can
cel the patents to about 92S acres of val
uable timber lands in this state that are
alleged to have been acquired illegally
by Smith and his confederates. The
lands involved in the suits are located
largely In Linn County, and are said to
be worth over Jl.Cu0.O90. The statute of
limitations for a criminal prosecution of
these land looters, which is three years,
having run against the defendants, they
cannot be prosecuted individually on a
charge of conspiracy to defraud the Gov
ernment of its lands. But the .f ederal
statutes allow the Government six years
in which to, bring suit to cancel patents
to all lands' unlawfully and fraudulently
obtained. Patents to those lands were
issued" during the year 1902, beginning
June 4 and continuing until late In the
year, so that the suite filed yesterday
have been brought Just in time if the
Government is to have these lands re
stored. Mr. Smith. Frederick A. Krlbs and
Charles J. Swenson are the three princi
pal defendants named' in the suits that
have been filed. It Is alleged that they
were the men who profited from the Ille
gal transactions, having originally ac
quired title to the lands from perjured
settlers they Induced to file on the dif
ferent tracts. O. J. Mealey, Will Mealey.
John A. Thompson and S. A. D. Puter
are among the other defendants named.
It is alleged that these men were in the
employ of Smith as solicitors and In
duced men and women for a monetary
consideration to file on claims with the
understanding and agreement that as
soon as they received their patents the
lands were to be deeded to Smith, who
- : fJ V
had advanced all of the expenses. In
cluding the initial payment of J2.50 an
acre for each claim.
The bills of complaint allege that this
procedure was fraudulent because each
settler had to commit perjury in making
proof on his claim, and for the further
reason that the patents to these claims
were obtained illegally and in violation of
the statutes. The proceeding has been
brought under three separate bills of
complaint, two covering lands that were
wrongfully acquired in the Roseburg land
district and the other relating to lands ac
quired in the Portland land district. In
addition to Smith and Krlbs, who are re
garded as the chief conspirators, their
various lieutenants and persons who have
since come into possession of the state's
pilfered property are named as defend
ants In the suits to annul the patents.
The defendants in the three suits are as
follows
First complaint (Roseburg dlBtrict) C.
A. Smith. Frederick A. Krlbs. Charles J.
Swenson. O. Judd Mealey, Will Mealey. J.
A. Thompson. George F. Mealey, Jtlehard
F. Malone. William J. Lawrence. Albert
Henry Gould. John J. Gilliland. Louis May
nard. Joseph O. Mickalson. James W. Ros
en, John Thomas Parker. Samuel E. Pick
ens. Sidney H. Scanland. Joseph H. Steln
grandt. Cornelius N. Tuthill. Richard II
Watklns, Charles Wiley. Fred Wodtll. Wil
liam W. Billings.
Second complaint (Roseburg, district)
Nils O. Warner. Eva C. Warner, First Trust
& Savings Bank of Illinois. Robert E.
Greacen. Hubert E. Rogers. Jbhn A. Wind,
C. A. Smith. Frederick A. Kribs. S. A. D.
Puter. John L. Green. Thomas Wilson.
Charles Barr, Charley . Burley. Neil E.
Dozler. Harry Saltmarsh. Harry C Barr,
Edward Flnley. John J. Jaggy. J. 8. Phil
lips, Zebulln Smith. Douglas Adkinson. Sa
die E. Puter. Elvira S. Jacobs. Isaac R.
Borum, Benjamin F. Kirk. George I. Thom
as. Peter Burlington. John Harrison. Jennie
Moulton. Jacob W. stlllwell, Henry Blakcly
Elam Miller. Frank W. Burfcrd. James b'
Cooiey, Luella Beeman and Hugh Blakely.
Third complaint (Portland district)
Frederick A. Krlbs, Charles A. Smith. Alex
indV ?trom- Charles L. Trabert. John
A. Wllld. Charles J. Swenson. B. F. Nelson,
J. E. Holmberg. O. Judd Mealey, will Mea
ley, John A. Thompson, George F. Mealey.
Bert C. Nye. Maggie L. Ramer. Charles M.
Smith. Mary A. Watts. George A. West
gate, Henrietta Westgate. M. Etta Willis
J. Frank Malone. John A. Brown. Thomas
J. Burgett. George rollings.
TIED TO TREE AND ROBBED
Spokane Mail-Carrier Cries for Help
and Gets Blow omHcad.
SPOKANE, May 25. After being tied
securely to a tree In a lonely gulch three
miles from the heart of the city at noon
today, James Dragoo, a rural free de
livery mailcarrier, was robbed of about
$68 of his own money and $50 of Gov
ernment funds by a masked and armed
highwayman. Dragoo shouted for help
as the man was rifling his pockets and
received a heavy blow over the head
with the butt of the robber's revolver.
The robber, it is believed then boarded
a streetcar and rode Into town.
EXPRESS RATES TOO HIGH
Continued from First Page.
up to Biggs. The rate to Arlington Is
$2, while for the same distance In Texas
it Is 90 cents and in Missouri J1.05. In
Oregon. Wells-Fargo carries merchan
dise the same distance for $1.10. or about
half the rate charged by the Pacific
Express Company.
These are a few of the figures from
the comparative schedules of rates the
Commission has gathered.
EXPENSES IX OREGOX HEAVY
Portland Manager of Express Com
panies Makes Comparison.
When shown the above dispatch last
night, Harvey Beckwith. general man
ager in Portland for both the Wells Fargo
and Pacific Express Companies, made the
following statement:
"I do not care to discuss this matter
thoroughly at the present time, but it
seems to me that the population of Mis
souri. Oregon and Texas should be com
pared. For instance. In Missouri one of
our express messengers will take out on
a single trip probably several times as
much merchandise as will one of our
men here in Oregon, and yet our ex
penses for the Oregon Journey are just
as much as are the expenses in Missouri.
I think that some allowances should be
made for Increases in sparsely-settled
sections of the country In our line of
business, just as they are made in other
lines. When we are notified by the Rail
road Commission we will take the matter
up with it."
Made Cashier of Weston Bank.
WESTON, Or., May 25. (Special.) Ira
M. Kemp was elected yesterday as
cashier of the Farmers Bank of Weston,
succeeding B. B. Hall, resigned, Mr.
Kemp is a banking man of experience,
having formerly been connected for many
years with the First National of Athena.
Mr. Hall will locate at Spokane.
Say Concern Is Bankrupt.
' Macdonald Potts. John H. Davies and
P. B. Sullivan yesterday petitioned Fed
eral Judge Wolverton to adjudge the
Blue Diamond Pressed Stone Company,
of Sellwood, a bankrupt. The petitioners
hold claims aggregating $500 of the total
alleged indebtedness of the company
amounting to $1000.
Tracy C. Becker Arrives to Be
gin Prosecution of the'
Oregon & California. '
LAND-FRAUD CASES JUNE 2
Arranging Evidence for Trial of J.
H. Booth Honey to Come !Later
In Summer to Prosecute Her
mann and Williamson.
The bill of complaint In the suit of
the Government against the Oreg-on &
California (Southern Pacific) Company
to restore to the public domain nearly
3,000,000 acres of valuable land now
held by that corporation, will be filed
in the United States Court in this city
in a few days. Tracy C. Becker, spe
cial assistant to the United Stales Attorney-General,
yesterday said that B.
D. Townsend, ex-United .States Attor
ney foij.SonUi Dakota, who will be as
sociated with Mr. Becker in the prose
cution of this important suit, would
reach Portland some time this week
from Washing-ton. Immediately fol
lowing Mr. Townsend's, arrival, bills in
equity, which have already been pre
pared, will be filed and suit instituted
to restore to the Government these
lands, that they may be open to proper
settlement and improvement by set
tlers, as was originally contemplated
in the grant to the railroad corpora
tion. Arranging the Evidence.
Mr. Becker has begun to arrange the
great volume of evidence In the un
tried land-fraud cases, which he says
will be taken up Tuesday. June 2, to
which "Gate the trials have been de
ferred. The first case to be tried will be that
in which J. H. Booth, ex-Register of
the Roseburg Land Office, is charged
with bribery in connection with the
unlawful acquisition of public lands
in the southern part of the state. Mr.
Becker yesterday said he conferred
with Francis J. Heney in San Francisco
last Saturday, and that It is the inten
tion of the graft prosecutor to come
to Portland later in the Summer and
conduct the trials of J- N. Williamson
and Binger Hermann, for their alleged
complicity In the extensive land steals
in this state.
Immediately following the trial of
John H. Hall in February, Mr. Becker
went to Los Angeles as the special
representative of the Attorney-General
to appear for the Government in the
argument of an application for the re
moval to Oregon for trial of the offi
cers of the Pacific Furniture & Lumber
Company, on an indictment charging
them with unlawfully acquiring about
18,000 acres of valuable timber land
near Port Orford, in Coos County. Dis
cussing his work at Los Angeles, from
which place Mr. Becker returned yes
terday, he said:
"The Government sought to cause the
removal to this state for trial of David
M. Goodwin, president of the company;
Lee R- Myers, sales agent for the com
pany; William B. Gould, attorney for
the company; Warren Gilellen and
Robert W. Kenney, president and cash
ier, respectively, of the bank with
which the defendant company trans
acted Its business. These men were
charged with having conspired with
R. D. Jones, general manager, and W.
H. Smith, secretary of the company,
and others, to defraud the United States
out of title? to several thousand acres
of land In Coos County. The applica
tion was tried on a hearing- before
William M. VanDyke, United States
Commissioner, who on May 1 rendered
a decision holding that there was suf
ficient evidence to hold for trial the
defendants Myers and Goodwin, but
dismissing from arrest the other three
defendants, Gould, Gilellen and Ken
ney, on the grounds that they had
shown by evidence produced that they
were not Implicated in the frauds com
mitted by the other defendants.
Goodwin Still in Hospital.
"Myers furnished ball, awaiting fur
ther proceedings, while Goodwin is still
confined in a hospital with heart trou
ble. After having taken the testimony
of Goodwin's physician, further pro
ceedings in this case were ordered sus
pended until he recovers sufficiently
to be informed of the fact that he has
been held for trial and to permit him
to consult with his counsel and deter
mine whether or not he will return to
Oregon without further contesting.
Habitual
Constipation
May )9 permaiwntl) overcome proper
personal efforts witrithe cssistarice
of the one truly beneficial laxative
"eroedy, Oyrup of figs and DixiroSm
which enables one to orm tegular
habits daily so that assistance to na
ture may be gradually dispensed with
when.no longer needed as the best of
remedies, when reouired, are to assist
nature and not to supplant the natur
al functions, which must depend ulti
mately upon proper nourishment,
proper efforts, and right living generally.
To get its beneficial effects, always
buy the genuine
manujactured by the
California
Pig Syrltp Co. oniy
SOLD BY ALL LEADING DRUGGISTS
one size mxjy, regular price 50f p BotOa
The Winning Postal
Enlarged 110 times, now on exhibition
in Washington-Street Window.
Eilers Piano House
FREPASU2) INSTANTLY. Sim pi? add boil
ing water, cool and serve. 19c per park .ice at
11 grocers. 7 flavors. Refuse all substitutes.
WiMmmmm
following prices do not
6-yd. piece Tapestry Brussels, rejrular price
$1.35 yard, for ' $5.50
6-yd. piece Sanford's Tapestry, regular price
$1.35 yard, for .$5.50
9-yd. piece Boxbury
price $1.40 -yard, for $8.50
13-yd, piece Tapestry Brussels, regular price
$1.20 yard, for $9.00
15-yd. piece Tapestry Brussels, regular price
$1.20 yard, for $10.50
23-yd. piece Tapestry
price 90c yad, for.
18-yard piece Body Brussels, regular price $1.90 yard, for
GREAT
SALE OF
CROCKERY
. ODDS AND
ENDS
IN THE
BASEMENT
The application for removal was bit
terly contested by the defense, which
made efforts to compel the Government
to disclose all the evidence it had, not
only against the Ave defendants in
volved In the removal proceeding, but
against all of the defendants named
in the Indictment and connected with
the alleged conspiracy. I cannot say at
this time when the case will be tried,
but it may be possible to proceed with
the trial some time this Fall."
SIXTEEN SECURE DIPLOMAS
Xine Boys and Seven Girls Graduate
From Pendleton High School.
PENDLETON", Or., May 25. (Special.)
Nine boys and seven girls will be
graduated from the Pendleton High
School Thursday evening. This is com
mencement week, the Joint baccalaureate
sermon of the Academy and High School
having been preached yesterday by Presi
dent Krooze of Whltworth College, Ta
coma. The remainder of the week, up until
Thursday night, will be filled with ex
ercises, the most complete programme
ever carried out here, having been ar
ranged. Homer D. Angel, of Portland,
attorney and University of Oregon gradu
ate will deliver the commencement ora
tion. The members of the class are Miss
Sybil Clopton, Charles D. Despain,
IJvona Casey, Barbara Hoch, Clifford
Turner, Lester A. Means, Arthur A.
Means, James S. Johns, Frances Weber.
Durmont Edwards, Delva St. Clair, Hazel
Nolen, Albert P. Gibson, Orville Reeves,
Irene Rippey and Katherine Smith.
CHERRY PICKERS NEEDED
Grand Honde Valley Fruitmen Fear
They Can't Get Enough Help-
LA GRANDE, Or., May 25. (Special.)
That there will be a demand for cherry
pickers that cannot be met is the alarm
felt in the fruit-growing; conter of this
1
IVMftCIEHTj
It GOOD j
i :
l. s..: ..-i HiiWtetiMliit'-'rY-f-'":-r-" t i . i it r- tVrt ftr" i iif r t h r 1' ; rfv1 -J a ihi li? , t i . d'tti zl. ikr . rf n i r li r f
SALE OF CARPET REM
NANTS ENDING TODAY
Pieces in lengths cf from 6 yards to 25 yards
short ends gathered from our stock of floor cov
erings these in every instance being in desir
able patterns and colorings many of which are
in the season's most popular effects. The above
and intermediate quantities are suitable for
ffiltymifo small rugs and for hall
include sewing, laying and
10-yd. piece Bmidhar Wilton, resrulnr price
$2.50 yard, for $13.00
13-yd. piece Body Brussels, regular price
$1.90 yard, for . .' $15.25
Tapestry, regular" 15-yd. piece
$1.90 yard, for
13-vd. piece Bundhar "Wilton, regular prie
$2.50 yard, for $17.50
16-yd. piece Velvet Border, regular price
$2,00 yard, for $18.50
25-yd. piece Velvet Border, regular price
$1.70 y.rd, for $19.50
Brussels, regular
$11.50
COMPLETE-H0U5E-FURHI5HER5I
country. At Cove alone there is a de
mand for. 340 more than the usual num
ber, which will bring the total up to
something like 300 in that section alone.
The frost period is past and the Grande
Ronde Valley will have a wonderful crop
of fruits in all Lines. The. strawberries
will be late, as frost . nipped the early
blossoms.
LAW GOES UNCHALLENGED
Supreme Court Refuses to Pass on
Merits of Direct Primary.
OLYMPIA, Wash., 'May 25. (Special.)
The Supreme Court today refused to
pass upon the merits of the case involv
ing the constitutionality of the direct
primary law. This was the action brought
by Gordon Mackay, of this city, aprainst
City Clerk J. R. Dever, of Olympia,
brought as a taxpayer to enjoin the city
from holding a municipal election under
the primary law, it being contended that
to contract the expense would be illegal
because the law is unconstitutional.
In this case practically all, the ques
tions that have been raised against the
constitutionality of the law were argued
to the Supreme Court, but it was admit
ted that the election has been held, the
expense has been contracted and paid and
so far as this particular case is con
cerned a decision would mean nothing.
The court might have gone into the
merits of the whole matter had it 'so de
sired. It says: "The demands of actual
practical litigation are too pressing to
permit the discussion or examination of
academic questions such as the present
situation presents; so the case is ordered
dismissed."
This is the only case attacking the pri
mary law which was before the court
for the term, and it is doubtful if one
can be heard at the October term in time
for a decision before the November elec
tions. Slight Increase in Registration.
LA GRANDE. Or., May 25. (Special.)
The total registration in Union this year
Is just an even 130 more than in 3906.
This year the totals stand 3464, while
In the last state election they were JW4fi.
and stair coverings. The
lining :
Body Brussels, regular price
$17.50
$21.50
FOLDING
GOCARTS
AND
CARRIAGES
FORTY STYLES
TO SELECT
FROM
in
I S
THE LABEL
A BLEND OF STRAIGHT
RYE WHISKIES FOUND
ON THE BOTTLE OF
HUNTER
BALTIMORE
IS IN CONFORMITY WITH THE
PURE FOOD LAW, AND MEANS
THAT IT IS COMPRISED OF AB
SOLUTELY PURE RYE WHISKIES
BLENDED FOR THE PURPOSE
OF MAKING IT A MORE MELLOW
AND PALATABLE DRINK THAN
ANY STRAIGHT WHISKEY.
WHETHER BOTTLED IN BOND
OR OUT OF BOND.
: 8M at .11 flrct-elai cafes mnd by Jobber.
. WM. LAXAHAN & SOX, Baltimore. Md.
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