Morning Oregonian. (Portland, Or.) 1861-1937, February 04, 1909, Image 1

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Tr-T .vn nurnnv TTmnsniV. VFTiRTT AT1V 4. 1909. PRICE FIVE CENTS.
VOL.. XL.VIII. XO. 15,03.1. tuinn, v,"".,, " '
. i i i
Grand Jury Acts on Ok
lahoma Frauds.
Bought. Lots at Half Price in
Names of Dummies.
'tmM of Person All Orer Country
- Used to Scon re Lots signatures
Forged 'When They Utilised
to Sign Quitclaims.
MUSKOGEE. Okla., Feb. . (Special.)
The United States grand jury for the
eastern district of Oklahoma turned into
court here today three indictments in the
SIuskoRf-e townsite land-fraud investiga
tion and stated to United States District
Judge Campbell that they would have no
more such cases at present. One indict
ment was against Charles N. Haskell,
Clarence W. Turner and "Walter R. Eaton,
the second was atrajnst William T.
Hutchlngs and Clarence "W. Turner, and
the third and last was against Albert Z.
English. Frederick B. Severs and Jesse
Each one of indictments first
recites that the United States has always
exercised official functions In the matter
of protecting the Indian tribes -in the en
- Joyment of land set apart for their use,
supervising through the Interior Depart
ment the selling of such land when this
ks done under the law for such land, and
slso taking care of the proceeds for the
Indians, and then the act of March 1,
l!U, is referred to.
Got Title Throngh Dummies.
This act provides for the selling of
lots in townsites In the Muskogee, or
Treek Nation, reservation, at auction to
the highest bidders at not less than
their appraised value. The act. however,
contained a provision In favor of persona
already In occupancy of land within
townsites. In that it permitted such per
sons to purchase not more than two
lots at one-half of their appraised value.
Under these circumstances. It is charged,
the defendants, in violation of section
6W0 of the revised statutes of the United
States, conspired so to manage matters
by means of "dummies" that they finally
would come into possession of any valu
able lots in Muskogee ' at one-half of
their appraised value. They would first
schedule with the townsite commission
the names of all the persons, they could
think of in different parts of the United
States, and so set the Government 'ma
chinery in motion, which would finally
result in the issue of patents in the
names. While the machinery was grind
ing, the defendants would secure quit
claim deeds from these prospective pat
entees. Having secured record title, the
defendants would then hasten to dispose
of the lots to innocent third parties. The
result of all this is charged as a fraud
upon -the United States and also upon
the Creek Jsatlon. wards of the Gov
ernment. Acts Done in Conspiracy.
Overt acts to the number of 47 in the
first indictment. 13 in the second and 92,
In the third are set forth as having been
committed by the different defendants In
pursuance of the conspiracy. These overt
acts consisted in the writing of letters,
signing of deeds, and the making of pay
ments and accepting stents from the
Government. In cases where dummies
refused to sign quitclaim deeds or de
manded mojey, as was charged in the
indictments, fosgery of deeds in their
names was resorted to to complete the
claims of title.
Thomas P. Owen of Muskogee, attorney
for Haskell, made promise of his appear
ance Friday morning to give bond in the
sum of $5000. Turner was first to give
bond, in the sul of J10.000. Hutchlns
and Eaton followed and gave a $500 bond
each. All will probably be arraigned be
fore Judge Campbell Friday morning.
English is In Los Angeles, Cal. -
Associates of Haskell. '
Eaton is a brother-in-law of Walter R.
Richie of Lima. Ohio. He is the secre
tary of the Indianola Contracting Com
pany, of 'which Haskell is president anil
which, it is alleged, scheduled the names
of "dummies" to secure town lots. Hill
came here from Texas and became iden
tified with the Muskogee Deyelopment
Company." ' -
-Lots Frauds in Oklahoma to
Re Thoroughly Probed.
;OGEE. Ok!a., Feb. 3. The Gov-
lt sprang a surprise In the
ugec town lots fraud investl-
ion here today when it was an-
ounced that the probing of the
Grand Jury would be extended to in
clude alleged frauds in scheduling "Indi
vidual blocks." Many persons built tem
porary fences around whole blocks of
land and claimed ownership on the
ground that these improvements secured
deeds to Ihe property. It had been sup
posed that the Investigation would not
take in so wide a scope but would be
confined to the securing illegally of town
Talks With Father as Stranger and
Can Remember Xo Inci
' dents of Past.
RIVERSIDE, Cal., Feb, 8. Florin G.
T th vnunr student whose complete
lapse of memory constitutes one of the
most remarkable cases of the kind ever
known, was brought to the home of his
parents in Riverside last night, from Los
Angeles. When Lee left the Los Angeles
Jail in company with his father and other
relatives, he said:
"There is really no reason why I should
go to Riverside; I do not know anyone
there." 4
He did not recognize his father, and
talked with him aa though he were an
utter stranger.
.He listened with interest to nls father's
descriptions of scenes of Riverside, with
which the young man bad been perfectly
familiar since childnood. He appeared to
have no recollection of them whatever.
It Is thought-that a few weeks of rest
among his relatives and friends, amid
familiar scenes, may restore his memory.
His condition Is ascribed to overwork.
His mind is no way affected except in
memory, and his manner is entirely ra
Workman Digging on Site of House
Makes Valuable Find.
OREGON CITY, Or., Feb. 3. (Special.)
Valuable historical relics supposed to
have belonged to Dr. John McLoughlln
were found by workmen excavating here
yesterday on the site of the old McLough
lln home, which has been removed to
make way for an office building for the
Hawley Pulp & Paper Company.
One of the workmen, Edward Surfus,
in digging where the house formerly
stood, brought to light an English shil
ling of the date of 1801. bearing the name
and profile of George III; a sliver dime of
1S36; several metal buttons of a fashion of
long ago, and a copper and brass vase.
An old sword, thought to have been car
ried by Dr. McLoughlln, it was found had
been used as a stove poker, by the family
residing next door to the old McLough
lln house for a long time. "
These relics will be preserved, and if
the house Is bought by the city and made
a museum, as the plan is. they will be
added to the collection of McLoughlln
relics which it is hoped to form here.
Irish Court Decision Gives Manches
ter $125,000 a Year.
DUBLIN, Ireland, Feb. $. Special.)
The Irish law courts, after many days,
passed In Investigation, have, reached" a
decision respecting the estate of the
Duke of Manchester which puts 25,000
($125,000) annually Into his pockets. It
was Manchester who. In 1900, married
Miss Helena Zimmerman, daughter of
Eugene Zimmerman, of Cincinnati, O. "
The Duke sold his estate to tenants
under the act of 1903, which provides that
when an estate Is Insolvent, the vendor,
being a tenant for life, gets no bonus,
but if the estate is solvent, the bonus
goes to him. The courts have decided
that, 'although a receiver had been ap
pointed over the estate in the Interest
of the creditors, it escaped insolvency by
a few hundred pounds a year.
Net Loss of 3 Per Cent Shown Over
Last Year'a Income.
ST. PAUL. Feb. 3. The serai-annual
statement of the earnings and expendi
tures of the Great Northern system for
the six months ending December 31, 1908.
shows a falling oft in the road's Income
as compared with the same period last
year. The net operating income for the
last half of 1907 amounted to $12,858,712.
while for the last half of 1908 the operat
ing income was $12,492,100. showing a de
crease of $366,612, or a net loss of 3 per
cent. '',
. The total operating expenses were cut
$35,981,881, or about 17 per cent.
British Hunter Fighting Slow Death
at Xew York Hotel..
NEW YORK, Feb. $. Hon. James
Knivett Escourt Howard, of London, is"
lying at the point of death, at the Waldorf-Astoria,
the result of -an experience
while . hunting in the i-oxen wilderness
or British Columbia. r
Physicians state that one of Howard's
feet and several lingers will have to be
Howard is" the only brother of the
Earl of Suffolk, who married Miss Daisy
Letter sister of Joseph Leiter, of Chi
Small Total of American Merchant
men Is Deplored.
NEW YORK. Feb. 3. The congress for
the development of the merchant marine
of the United States had for its princi
pal speaker tonight Congressman J. D.
McCleary of Minnesota, who declared the
adoption of the proposed ship subsidy bill
was the only solution of the question. '
Mr. McCleary said the Pacific Ocean
should be a great American lake, but that
today there are but seven ships in the
merchant marine on that body of water
now flying the American flag.
House Votes It Down
by Five Majority.
Two Unpledged Members Line
Up With Opposition.
Brandon, Farrell and Dimick and
Others Make Speeches in Opposi
tion While Brady and Bean
Address House In Its Favor.
STATE CAPITOL Salem, Feb. 3.
(Special.) After two hours' debate,
the anti-statement bill, introduced by
Representatives Brooke and Bean,
failed to pass the House this afternoon
by a vote of 27 to 32, one absent.
With the exception of Brady and
Richardson, the 25 Statement Repub
lican members voted with the seven
Democrats against the bill. The op
position was further strengthened by
Farrell and Leinenweber, unpledged
Representatives. The other 25 anti
Statement Republicans voted solidly
for the bill which made it a misde
meanor for any candidate for office to
make a pre-election pledge, the per
formance of which would be in viola
tion of the state or Federal Constitu
tions. '
"The bill was not drawn to subvert
the will of the people or to defeat the
purposes of the primary election law,"
declared Representative Brooke, one of
the authors of the bill, in opening the
discussion in its favor. "It is intended
merely to pave the way by which the
constitutionality of all pledges made
by candidates before they are elected
can be tested. I do not undertake to
say that Statement No. 1 is unconsti
tutional. ,
"Thlsblll, If enacted into a law,
would provide a means of forever set
tling a controversy that Is serving to
divide the voters of this state and will
continue to cause such a division until
the status of Each pledges can be de
termined legally. Through its opera
tion It now secures for us United States
Senators, who are elected, not on their
merits or for what they can do for the
state, but because of their position on
this question. At the present time the
only way that this question can be
legally decided is In the United States
Senate and we wish to make It pos
sible to solve the problem In our courts
right here at home."
"Insult to People," Says Brandon.
Brandon charged that there was no
need for the enactment of the proposed
law and asserted that a candidate for
(Continued on Page 6.)
Worry. Over Present Crisis in Cal
ifornia Racing Affairs Com
plicates Illness.
LOS ANGELES, Cal.. Feb. 3. (Spe
cial.) E. J. Baldwin, generally known as
"Lucky" Baldwin, is dangerously 111 at
his country home at Arcadia. He suffered
a nervous collapse today and in the sink
ing spell that followed was -ery near
death. He rallied, however, and was re
ported resting well at midnight. He may
die before daylight, however.
.Although Mr. Unruh, manager of the
Baldwin estate, did everything in his
'pdwer'to spread the report that Baldwin
is not seriously ill. late tonight it was
stated by George Rose, the well-known
bookmaker, that "Lucky" Is so critically
sick that the end is probably very close.
Dr. John W. Trueworthy, who has been
Baldwin's physician for many years, was
called early and was at the bedside all
day and tonight.
It is said that the worry over the racing
situation in California has been one of
the things to bring on the attack.
Colorado Undertakers Take Odd
Agreement on Their Hands.
GRAND JUNCTION, Colo., Feb. 3.
The Mesa County Commissioners today
awarded the contract for burying the
deceajeu paupers of the county to a
firm of undertakers who will receive
one-millionth of a cent for each body
prepared for burial. Competition for
the contract was exceedingly keen, one
bid being received of one-tenth of a
millionth of a cent for each pauper.
One firm offered the county 10 cents
each for the privilege of burying the
paupers, but the County Commission
ers said they could not accept a bounty
from an undertaker on the'dead paupers-
Montana Legislature Plans a Stop
, to Undesirable Marriages.
. HELENA, Mont, Feb. 3. Immediate
ly after hearing of a Chinese-American
wedding yesterday, the Legislature
passed the miscegenation bill hur
riedly and unanimously. The inter
marriage of all races and nationalities
has been a subject of comment through
out the state for many years. Lately
many unhappy endings have come to
light. Provision has been made in the
bill for stern penalties to be inflicted
upon those solemnizing such marriages.
Battleship's Gunners Make Most Ef
ficient Record In Xavy.
WASHINGTON, Feb. 3. For compar
ative, battle efficiency of United States
ships -In combined night and day prac
tice, made on the records of target
shooting, and other drills at Magdalena
Bay and Manila and while on duty at
Manila, the battleship Vermont, now at
Gibraltar wlth the Atlantic fleet, holds
first place.
Roosevelt Tells What
Government Needs.
Public Interests Suffer if Of
ficials' Hands Tied.
President Declares Xeed of Detective
; Force Under Attorney-General
to Run Down Criminals in
. . . Any Department.
WASHINGTON, Feb. 3. Declaring that,
"if the Government Is to act with full
efficiency against criminals, it must have
some' kind of Secret Service agents who
can act against criminals anywhere,"
President Roosevelt In a statement made
public at the White House tonight em
phatically reiterated his opposition to
restricting the field of the Secret Service.
"The position of the" administration Is,"
said the President, "that it is against
sound policy to discriminate In favor of
criminals by discriminating against the
use of the Secret Service to detect and
punish them. 1
Xorinal Functions Unchanged.
"At no time has the President or any
administrative officer claimed that the
restrictive legislation of the last session
affected the Secret Service division of the
Treasury Department; in the matter of
suppressing counterfeiting or protecting
the President. As a matter of fact, the
limitation. did not apply In the slightest
degree to the normal functions of that
service and the claim that the Secret
Service was not hampered in looking
after counterfeiters Is admitted, but the
assertion that the restriction was .harm
less to the Government Interest Is not
Usefulness Is Restricted.
"The effect of the limitation was ma
terially to ciroumscrlbe the field of use
fulness in which the trained agents of
the Secret Service had hitherto been ad
vantageously employed. Under the limita
tion it became impossible to use these
Investigators In the class of cases In
which they have been specially success
ful for many years. The phraseology of
the restrictive legislation is such that any
person who was employed in or under the
Secret Service division during 1909 for
even so short a period as an hour be
came disqualified for promotion or em
ploy ment in any branch of the Govern
ment service where either his compensa
tion or expenses would be payable from
any appropriation In the sundry civil act.
"The limitations tied the hands of the
(Concluded on Page 3.)
Many Witnesses Testify to His In
toxication Surgeon Says
Very Susceptible.
GIBRALTAR, Feb. 3. All the evidence
in the court-martial of Captain Edward
F. Qualtrough, of the battleship Georgia,
on charges preferred by Rear-Admiral
Walnwright that he was under the in
fluence of Intoxicants at a reception
given at Tangier by the American Minis
ter, Samuel R. Gummsre, was presented
The hearing was held on the battleship
Louisiana and a number of witnesses tes
tified that Captain Qualtrough was in
toxicated and unfit for duty.
The accused officer, who took the stand
in his own behalf, made a lengthy state
ment to the effect that he was 111 and
suffered greatly from fatigue and that he
had only taken one glass of sherry and
nothing more. He had smoked a strong
Surgeon Crandall, of the Georgia, one
of the two witnesses for the defense, tes
tified that Captain Qualtrough's physical
condition was such that he was then very
susceptible to the action of liquor and
tobacco. . The defense then Introduced
the records of the Captain, the 38 years
he had served and the two letters of
recommendation secured by him during
the present cruise.
The decision will not be officially given
out until It is finally approved. In the
meantime. Captain Qualtrough will re
main aboard the Georgia, under ar
rest, not being allowed either on the
bridge or on the quarterdeck.
Alarmed at Boycott of Oklahoma.
Calls Railroad Conference.
CHICAGO, Feb. 3. (Special.) Governor
Haskell, of Oklahoma, has sent out an
invitation to the executive officers of all
railroads operating in that state to meet
him in a general conference. He has
been moved to do so by the widespread
publication of a statement that the roads
generally are-much dissatisfied with the
provisions of the constitution and laws
the state has adopted, so far as they af
fect transportation lines.
Some roads, such as the Santa Fe, have
allowed it to be understood that they
will build no more lines In the Btate
under the present conditions. In proof of
their purpose they have stopped all con
struction work within the stato and' pro
jected lines have been abandoned for the
time being.
Members of the Corporation Commission
of the state and committees of the Legis
lature that have had charge of railroad
affairs also have been invited and it la
hoped that out of this confab will come a
way of ending the antagonism which now
exists and of stimulating roads to re
sume their construction work. It Is real-.
Ized that Oklahoma must have railroads
at any cost.
Penalty of Tardiness in Delivering
Oregon's Vote Waived.
ington, Feb. 3. Under decision rendered
today by Controller of Treasury R. R.
Butler, of Condon, official messenger who
brought Oregon's electoral vote. to Wash
ington, will not be penalized because he
failed to arrive within time fixed by law
for delivery of electoral vote. His mil
eage amounting to about $750, will be
paid and no effort will be made to Im
pose penalty of $1,000 which Is imposed
by ancient law governing such matters.
The controller decided this question on
commonsense grounds, waiving all tech
nicalities. Inasmuch as the Vice Presi
dent accepted the Oregon vote brought
by Butler, and inasmuch as the Govern
ment was In no way injured by his de
lay in reaching Washington, It is held
that he is entitled to his mileage.
Butler is now in Tennessee visiting rel
atives but will return to Washington for
his mileage.
Mrs. Dunpby Free of Giles' Charges
. of Larceny.
CHICAGO, Feb. 3. Mrs. Martha Ma
belle Dunphy, of Boston, who has been
on trial for the theft of JSOOO worth of
diamonds from Charles E. Giles a Dor
chester, Mass., moneylender, , was ac
quitted by a jury today.
Alfred Varion, of New York, ' who took
a statement from Mr. -Giles, in which
the broker is alleged to have made sev
eral assertions detrimental to the prose
cution, was the last witness called.
Giles made the statement in Mr. Var
ion's office in the belief that, the latter
was to act as his attorney.
In the statement, which was read to
the Jury, Mr. Giles admitted that he as
sisted Mrs. Dunphy in pawning some of
the jewelry and that after he redeemed
the articles himself.
This statements Is said by counsel for
the defense to contradict Mr. Giles' testi
mony last Monday.
Five Thousand Dead Chinamen to
' Be Taken Home for Burial.
NEW YQRK, Feb. 3. Five thousand
Chinese corpses bound for their final rest
ing places in the Flowery Kingdom, will
leave Brooklyn "Wednesday on the
steamer Shimosa. The bodies were dis
interred from burying grounds ail over
the United States.
Idaho Mining Man Shot
. Down in Denver.
John H. Cradlebaugh Tracked
Fred W. Walton.
Murder, Suicide and Larceny In List
of Police for Day's Work Two
Crimes Dating Back to
Events In East.
DENVER, Feb. 3. Fred W. Walton, ex
grand master of the Oddfellows for the
State of Idaho, was shot twice by John
H. Cradlebaugh, at Sixteenth and Cham
pa streets, shortly after noon today.
Walton died soon after being removed to
the hospital. Both men are from Wal
lace, Idaho, and Cradlebaugh, also. Is a
prominent Oddfellow.
Walton was dying when the hospital
was reached, but gasped out:
Makes Dying Statement.
"That man thought I stole his wife."
The shooting was witnessed by hun
dreds of shoppers, and a wild rush for
safety took place when the shots were
being fired.
Cradlebaugh, according to Chief of Po
lice Armstrong, called on the latter at
police headquarters late last night and
told him that Walton had run away from
Wallace with his wife, that he had traced
them from Idaho to Seattle, and thence
to Denver.
Did Xot Want Trouble.
Cradlebaugh told the Chief he did not
want to make any disturbance, but sim
ply wished to recover his children, whom
their mother had taken with her. Cradle
baugh, who was arrested immediately
after the shooting, refused to make any
AVallace Citizens Had Been Expect
ing Tragedy for Years.
WALLACE, Idaho., Feb. 3. (Special.)
News of the shooting of Walton on the
streets of Denver by Cradlebaugh oc
casioned no surprise among their ac
quaintances here, owing to the fact that
Cradlebaugh was known to be in posses
sion of the facts In connection with the
infatuation of Walton for his wife for
(Concluded- on Page 3.)
The Weather.
(TODA TS Occasional rain r
iYESTBUDAY'S Maximum temperature,
degrees-; minimum, 40.B degrees.
Fore inn.
Mrs. Stirling denies Lord Northland
posed to marry her. Page 3.
Governor Haskell and six other prominent
Oklahomans indicted for town-lot frauds.
Page 1.
Roosevelt Issues statement against restrict
ing use of Secret Service. Page 1.
Mondell denounces Forest Service &s auto
cratic. Page 3.
Court-martial on Qualtrough sits at Gib
raltar. Page 1.
House debates agricultural bill and Pinchof
gets both praisw and blame. Page 3.
Los Angeles adopts many thanges in
charter. Page 3.
Riverside. Cal., boy loses his Identity.
Page 1.
Prominent Idaho man kills man in Denver
who stole his wire. Page 1.
Flood in Northern California hreaks levee,
swamps town of Tehama and stops rail
road traffic. Page 2.
Mrs. Dunphy acquitted of robbing Giles.
Page 1. -
Lucky Baldwin, famous horseman, dying.
Page 1.
Anti-Japanese Movement.
California House rejects bill forbidding alien
land ownership. Page 4.
Nevada Assembly adopts resolution. In favor
of exclusion. Page 4.
paciQc Northwest.
Signs of awakening activity in real estate
sales in Northwest. Page 5.
Big Stock swindle bobs up again in arrest
of W. R. Clemens at Moscow. Page 2.
Commercial and Marine.
Renewal of wheat buying in interior. Page
Two-cent bulge in wheat at Chicago. Pagt
Better tone In stock market. Page 35.
Little freight offering for transportation to
Oriental ports. Page 14.
9 Legislatures.
Anti-statement bill defeated in House by
narrow margin. Page 1.
Burial of bill for G- A. R. control of
Soldiers' Home averted. Page 7.
Ways and means committees of both housei
have difficult problem in scaling down
appropriations. Page 6.
Both houses at Salem liberal in granting
"more" salary bills. Page 7
House kills off many measures proposed.
Page 7.
Another Insurance bill introduced in Senate
by Kay. Page 0.
Initiative and referendum bill introduced Id
Idaho but not expected to pass.
Anti-racetrack bill at Olympia precipitates:
discussion of state's morals. Page 5.
Portland and Vicinity.
County Judge employs expert to examine
books of county officials. Page 14.
O. R. & N. to operate "farmers special"
through Eastern Washington in March.
Page 14.
Mount Tabor property-owners- to improve
streets with hard pavement. Page t.
Gcrge Sollers must pay $5000 for stealing
affections of Mrs. Noyes. Page lO.
Elx hundred pupils complete grammar
schools. Page 10,