lO THE 3IORXIXG OREGOXIAN, TUESDAY. MARCn 2, 1909. LONG. HARD FIGHT BEGUN FOR L Preliminary Round of Suit for Nearly 3,000,000 Acres Started. FENTON SPEAKS FOR ROAD Argues AH Day on Demurrer to Complaint, Alleging Iack of Jurisdiction and Insufficient Grounds Against O. & O. Counsel for opposing sides in the eult rf the Government against the Oregon & California Railroad Company, et al.. for the forfeiture of a grant to nearly 3,000. 000 acres of valuable timber lands in this etate are fighting the preliminary round of what will prove a protracted legal battle for the possession of the property Involved. Argument on the demurrer of the railroad company t the Government's bill of complaint was begun yesterday be fore Judge Wolverton in the United States Court. TV, D. Fenton, of this city, speaking for the railroad company, argued all day yesterday and will not conclude until some time today. Argu ment on the demurrer, which involves the vital issues in the litigation, will oc cupy the greater part of the week. In arguing the demurrer, which alleges lack of Jurisdiction and insufficient grounds on which to prosecute the suit, Mr. Fenton outlined plainly the position of the railroad company and the conten tion as to the grant and Its terms which are sought to be declared forfeited by the Government. He represented that the errant by which the lands were conveyed to the railroad company was a contract given for a valuable consideration the construction and operation of a railroad system through a pparsely settled com munity In pursuance of the Government's policy of internal improvements. The very terms of the grant, he said, Indicated that its purpose was to aid the construc tion of a railroad. Furthermore the errant, he asserted, carried with it the right of immediate eale of the land that the purpose for which it was made might be aided. It was argued that in making the grant. Congress did not contemplate actual settlement of the lands, the bulk of which were incapable of settlement. Not Necessary to Tile Assent. Failure on the part of the beneficiary the railroad company to file its assent to the terms of the grant, contended Mr. Jenton, did not operate as a forfeiture of the grant for the reason that an ac ceptance of its terms was not required by law and even had it been filed it would be only evidentiary of a ministerial act. He pointed out that the assent referred to in the Government's bill of complaint should nave been filed on or before July 25. 1Sj7, or one year after the grant was made. On the contrary. Congress on June 25, 1868 extended for 18 months the time in which the lirst 20 miles of the projected railroad should be completed without Incorporating in that act any mention or requirement as to the filing of en acceptance on the part of the railroad company. This, he said, amounted to a waiver by the Government of that conten tion and vested title to the lands abso lutely in the railroad company. Under the circumstances, counsel argued that the Government thereafter could only peek a forfeiture of the grant on the icrounds that the beneficiary failed to con struct the railroad within the time pre scribed in the grant. The act of April 10, 1S69, stipulating that the land Included in the grant should be sold to actual settlers in quantities of rot more than lfiO acres and at not to exceed $2.60 an acre, insirted Mr. Fenton, was imposing a condition precedent to the original grant, an impossible and un precedented judicial practice. Forfeiture of the lands included in the grant, he Bald, could be made only by legislative act; that the proceeding was not a judi cial one and that Congress does not have the authority to confer that right on a court. .Authorities were cited in support of the contention that all lands included in the grant to which title had issued six years prior to the commencement of the Government's suit could not be affected by the pending litigation for a cancella tion of the grant. Says Government "Without Kquity. The complaint was demurred" to by the railroad company on the grounds that the Government was without equity for the reason that the grant was without conditions and for the further reason that the Government was not entitled to re covery, since there was contained In the grant no declaration ap to when the land should be sold or to whom it should bs 6old. As to the SOU) or more intervrnors, who appear as party defendants in the suit, Mr. Fenton nuestioned their right of appearance In the Federal Court on the grounds that the amount involved in each case was less than $2000. The bringing of cross complaints Jointly by these parties, he said, did not waive the Juris dictional defect accompanying their ap pearance in the suit. Discussing the position of the inter veners and actual settlers in their rela tion to the suit and its possible outcome, (Mr. Fenton held that they not only were not entitled to discovery or reoovery of the lands they sought to acquire, but that should, the grant be forfeited, the land (would revert to the Government and be come public land, subject to entry and bettlement under existing land laws. In Chat event counsel maintained that all such claimants would be cut oft at the ipockets without having gained any ad vantage through their attempted settle ment or application for the purchase of the lands. In the course of his argument, Mr. Fen ton charged that the interveners were men that had waited for 40 years before undertaking to acquire any of the granted lands. In the meantime, he said, the property by reason of its timber wealth, Iliad become Immensely valuable and was exceedingly desirable at J2.50, the price for which they sought to purchase it. The railroad company, declared counsel, had paid many times that amount on the land In the way of taxes. Counsel insisted that under the most reasonable interpre tation of the act of April 10. 1S, the term "actual settlers" applied only to those who actually settled upon the lands nd undertook their settlement between the time the grant was made in 1S6 and the date that the railroad company filed its map of survey. AmendVd Demurrer Sought. Just before court adjourned for the day, George X. Wright, of Albany, rep resenting several of the . intervenors. asked permission to amend his clients' demurrers to the Government's complaint to the effect t'aat the value of the tracts of land sought to be obtained by them was now In excess of J2000. It was to meet the jurisdictional objection counsel for the railroad company had raised to the suits by too intervenors that this re quest was made. It was objected to by Mr. Fenton, representing the railroad, and Judge "Wolverton announced that he would, fee ari argument eg .Job eppllca- AND tion before that particular phase of the controversy was discussed. In Its suit the Government is seeking a forfeiture of the grant, alleging non compliance by the railroad company with the terms of the grant. If this relief la denied. Government asks that the condi tions of the grant be enforced under decree of the court in the sale and dis position of 2,373,000 unsold acres of the I original grant. At the same time an I accounting from the railroad company Is demanded for the 540,000 acres of the granted lands which already have been sold. The order in which the demurrer shall be argued by the counsel representing the different interests to the suit was deter mined at the opening of yesterday's ses sion. Mr. Fenton, for the railroad, will be followed either by B. D. Townsend or Tracy Becker, special assistants to the Attorney-General. The Government will be followed by A. W. Lafferty, of this city, and William H. Flett, of Seattle, in behalf of the intervenors. Over a score of lawyers are In at tendance on the argument on the de murrer. Associated with Mr. Fenton and Mr. Dunne, for the railroad company. Is William Singer, Jr., of the land depart ment of the Southern Pacific at San Fran cisco. The Government is represented by Mr. Townsend. Mr. Becker and United States Attorney John McCourt. John M. Gearin, of the firm of Dolph, Mallory, Simon & Gearin, counsel for the Union Trust Company, and Neil Brown, of Wassau. Wis., representing some of the Individual purchasers of the granted lands, were interested spectators at yes terday's hearing. Their clients are not directly Involved as parties to the pend ing proceeding. Of the large number of laywers from different sections of the Pa cific Coast appearing for the intervenors, the following were present yesterday: B. W. Coiner, of Tacoma; W. H. Ferrin, of Marshneld: A. C. Woodcock, of Eugene; John Mills Day, William H. Flett and M. E. Brewer, of Seattle; George W. Wright, of Albany; Oglesby Young, Mark O'Neill, L. C. Garrigus, A. W. Lafferty, J. O. B. Scobey, of Portland. NEW GRAND JURY DRAWI. MEX TO SERVE DtKING MARCH TERM OF COVRT CHOSEX.. Of 110 Veniremen Subpoenaed for Jury Duty, Only 62 Report, and 15 Are Excused. COUNTY GRAND JURY FOR MARCH. C. E. Parpenter, foreman, carpen ter. Montavllla. B. J. McClaln, cabinet-maker, 1029 Corbett street. A. B. Kuempel. cabinet-maker, 408 Morris street. M. Oevold. 652 Belmont street. K. R. Mark ham, real estate, 898 Williams avenue. Q. E. Wheeler, conduotor, Monta vllla. Robert Speer, laborer, Montavllla. The March grand Jury was drawn in the Circuit Court yesterday morning. Two cabinet-makers, a conductor, real estate man, a carpenter and a laborer will re turn indictments during the month. Pre siding Judge Gantenbeln charged the Jury at 2 o'clock yesterday afternoon. Of the 110 veniremen supsnaed only 62 reported yesterday morning, the other 48 having been excused for various reasons. About 15 more were excused yesterday morning, leaving about half the original number, who will do Jury duty. Three Jurymen said their hearing was so af fected that they could not serve. They were excused. Several said they have not been admitted to citizenship, and others have sickness in their families. Another juryman said he is conducting a small grocery store, and has no one besides himself who can attend to It. If com pelled to do Jury duty for a month the business would suffer. He was excused. Still another Is foreman for a contractor who took a contract last Saturday to complete a number of buildings within a specified time. Although the talesman said his services in overseeing the con struction work would be needed, he was not excused. The court intimated that if necessary he might be excused later. The grand Jury's quarters have been changed to the Chamber of Commerce building, as the room at the Courthouse formerly occupied by the talesmen Is being fitted up for Judge Gatens, the new Circuit Court Judge. COUNSEL FOR HARRIMAN ,v '"l-'T lJ,nrtHr"-f--"-'wHlflttllfll'l lllltfMes-loi.lii fi-TtflifTIi 1li1rillillil $.y.y.v.:& "W fry 4 yyi y y y J yi - S " y. ' Y y y- 6 "1 ys . y: 4 Sy 4 y y y y -k y y.yy ;'t,&4yi&. yy y y v.. -yy 5 yy s 'V. KKAUIG KBOM LEFT TO RIGHT PARTY IS AFTER GOOD CANDIDATES Republicans Laying Plans for Sweeping Victory in the June Election. CITIZENS TALK POLITICS Sentiment Favors Persuading Men of Prominence and Ability to Enter Race General Meeting to Be Held Wednesday. The meeting of the committee of cltl ens to consider the coming municipal primary and June election iwaa held yes terday afternoon at 4 o'clock at 1023 and 1025 Board of Trade .building. The fol lowing gentlemen were present at the discussion: S. C. Pier, E. B. Colwell, Dr. J. Whitcomb Brougher, General Charles F. Bee-be. J. T. Gregg, Dr. Andrew C. Smith, Dr. J. H. Pettit. A. B. Manley, W. D. Fenton, and J. K. Kertchem. The plan of the committee, as formu lated by those present, is to aid in every possible way the recommendation to the Republican voters at the May primaries candidates for all the offices to be filled in June whose character and efficiency would be of the highest possible stand ard. It was pointed out that the Re publican party In Portland has within its .ranks men whose names and careers are part and parcel of the city's highest achievements. It is the duty of those In terested n seeing the party win In June to bring about by every honorable and sincere means the selection of standard-bearA-s whose merits will be recognized among the rank and file, not only of the Republican party, but of the citizsns of Portland, irrespective of party, the com mittee believes. It -was declared that Oregon and Port land owe the brightest pages in their history to the principles of the Republi can party, and the prophecy was made that with a. high-class candidato for every office within the gift of the peo ple of Portland, the Republican party would make a clean sweep at the city election in June. Xo Names Mentioned. The committee did not consider, nor does it Intend to consider any plan to tender nominations to any one. It did not mention a solitary name for any of fice or offices to be voted on in June. Nor did it assume to control, direct, or name any candidate whatsoever to be voted on at the May primary. The com mittee sat as a body of representative Re publicans and citizens endeavoring to bring about' the cementing and consoli dation of the Republican party, by as sisting in the task of getting from the ninlts of the party the best timber ob tainable tor the various offices: and helping in every way to insure the suc cess of sum candidates when selected and nominated by the people at the pri mary. Republican voters, it was asserted, would rally to the men chosen from the party at the primary, if the selection at the primary is a wise one. To the end that all Republicans might confer and consider the wisest and most ef ficient manner of securing the best can didates, the committee believed there should be general, open and public con ferences and discussion. To that end, the assemblage already mentioned In yesterday's paper as being contemplated, was finally arranged to take place Wednesday evening at the Selling-iHirsch hall, at 8 o'clock. At this gathering, it is proposed to crystallize the sentiment of the Repub lican party as to the best method of getting unimpeachable men to accept the nominations for the various city offices, and to organize for their elec tion. Just what action the assembly will take cannot be predicted. The committee, headed by lr. Pier, will be present with others, 'and it may be that this Initial gathering launched INTERESTS IN GOVERNMENT LAND-GRANT SUIT INVOLVING NEARLY THREE MILLION ACRES. ' y - - 1lli jiiis-il.iiUmHQ 9 y -io.w? ' y 1 t V - i ' ' - - f ' f ' 7- yy : .y y -p. ' y y y.: t X' i y y.y. si . ry y y , -V C y ? :&nyyyyy- - l'ETER V. DUMK AU WILLIAM I). KEXTOV, OK THIS HT1. , x y : - - ' ' h ? H h: ' " i - : , s a - i 3 " )"N" JV - " yK "y I , ' , i J :. y -v.-,;-,'. .':,:.- ... -. . . 1 ' - i for Republican success may be fol lowed by others. Assembly May Form Plan. It is possible that the assembly on Wednesday night may formulate some decisive plan of action, depending up on the sentiment of the men present. Air. Pier's committee holds itself ready to act with the party in the effort to get candidates whose fitness cannot be challenged, either at the May pri mary or the June election. What method of procedure win be adopted at the gathering at the Sell-lng-Hirsch building cannot even be guessed, as it is called for conference merely, and to learn the wishes of the party as a whole. . Mr. Pier's commit tee believes strongly in organization now so that the party will be in shape to carry on the fight vigorously in .June. It believes with a list of good candidates, and a thorough organiza tion, the Democrats will not win a single office. It is possible some recommendations as to the necessity of a hearty co-operation on the part of all Repuollcans. a cessation or all party differences, and a suggestion of something con crete in the line of a party campaign may be submitted to the assembly Wednesday night, for the purpose of having the matter publicly and posi tively understood. The idea of the Citizens' Committee is to have the gathering at Selllng Hlrsch hall on Wednesday night a thoroughly representative one of the Republican party. Invitations will bo sent out, and it is hoped there will be a full attendance. The plan to get out candidates whose merits will recom mend them without dispute to the vot ers includes not merely the office of Mayor, but every office in the list. The meeting of the committee in the Board of Trade building vesterday was earnest and enthusiastic and every man there left the conference believing that with the selection of first-class candidates by the people at the May primary, and a solid support of them by the Republican party in June an overwhelming Republican vic tory could be won. PLAN STATE-WIDE FIGHT AXTI-SAIXJOTf FORCES ORGAN IZE CAMPAIGN. Rev. J. Tl. Knodell Asks Support of Portland Ministerial Associa tion In Orusatlo. At the regular monthly meeting yes terday of . the Portland Ministerial Association. Rev. J. R JCnodell. of the Anti-Saloon League, spoke of the work or the league in this state and asked the support of the association In in augurating state-wide prohibition In 1S10. Mr. Knodell gave a comprehen sive review of the work that has been accomplished by the league, illustrating his remarks by means of maps showing the extent of the local option law since Its passage in 1905. In that year the anti-saloon forces won in eight coun ties and In 195 precincts in other coun ties. In the four years that the league has been in existence it was shown that its debt of $S500 had been reduced to $1900. Mr. Knodell suggested the ad visability of holding a state convention In order to bring together those Inter ested in Inaugurating a prohibition movement. After a thorough discus sion of the subject it was referred to a special committee consisting of Rev' C. W. Hays. Dr. W. T. Gordon and Rev' J. I. Abbett. which will meet with the Anti-Saloon League ofriclals to consid er the advisability or a campaign in the near future. It was unanimously decided to extend an Invitation to Gipsy" Smith, the London evangelist, to hold meetings in Portland. Drs. Dyott. Foulkes, Young and Ghormley were appointed a com mittee to arrange with tho Ministerial Associations or Tacoma and Seattle for a Joint Invitation to Evangelist Smith. A committee composed of Drs. Ghormley. Abbett and Sharpe drew up resolutions or appreciation of Dr. W. II. Heppe. pastor, of Grace Methodist Church, who leaven soon to assume pastorate of tho First Methodist Church of 'Wichita, Kan. The resolutions will be forwarded to the Ministerial Asso ciation of that city. Demurrer I Overruled. Judge Wolverton In States -Court yesterday tlu United rendered a. ,3b i. yy.yy vv Ssy. v A I !,: txy 1 : y : " i 4 8IXCER, OF- SSAV FRt( lsr, w . -I 1 Join Our Special terms and special prices to one hundred members who enroll in our Special March Range Club. We are authorized by the "Eclipse Stove Companv" to make special concessions to one hundred buyers of our "Gevurtz All-Steel Raue" who :ii ii i - -. . , r Positively only one hundred ranges sold on these special terms, so do not hesitate to enroll your name with us at the earliest date. A DEPOSIT OF ONE DOLLAR During the month of March will entitle you to secure the special terms accorded this Special "March Steel Range Club" ONE DOLLAR will make 3-ou a member and entitle von to all its benefits, and you may have your range delivered when vou are readv to receive it. Book your order now. Don't hesitate don't wait get vour'name on the roll now for m the busy season of the year we cannot handle the range business in this manner. PRICES FROM $35.00 to $55.00 MEN'S $10 SUITS$1.00 DOWN; $1.00 A WEEK Medium weights, all sizes; values from $17.50 to $20, for only $10, and on above easy terms. FIRST And YAMHILL STREETS an opinion overruling a demurrer to the complaint in the suit of the Amer ican Sulphite Pulp Company against the Crown-Columbia Pulp & Paper Company. Damages are demanded by the plaintiff company from the Crown Columbia people for an alleged in fringement of a patented process for the manufacture of paper. SCOPE TO BE ENLARGED OKKGOX FORESTRY ASSOCIA TION' PliAXS EXTENSION". Committee Appointed to rxvise Ways and Mennn of Conserving Resources. Aroused by the defeat of their FMre Warden bill by the recent state Legisla ture, members of the Oregon forestry Association, at a meeting at the Com mercial Club last night, dechled to en large the scope of their work and through organization se.-k two years hence to secure the enactment of legis lation necessary to the further con servation of the timber and other na tural resources of the state. That bet ter results may be obtained. Kov, A. J. Montgomery. E. T. Allen. F. V. Mul key, A. B. Wastell and Wells Gilbert were nominated last night as a com mittee on ways and moans to d.-vise some plan by wnlch the timber, mineral and water interests of the state may be united under one nrganlzat ion for the mutual advnntnsre of each. This committee is to make Its recommenda tions, together with a list of ofneers for the proposed new organisation, at another meeting to be held at the com mercial Club Slonday night. March 1R. In addition to enlarging the scope of Its labors. It Is the purrose of the organization to Increase Its member ship from SO to RO0O in the next year. H. D. Langille. chairman of the meet ing. J. N. Teal. E. T. Allen. Forest Superrlsor; and A. P.. Wastell. of the Oregon A Washington Lumber Manu facturers' Association, made enthus iastic talks urging the Importance of co-operation if definite results are to be accomplished. Representative J. T. Abbott, chair man of the Tfntise committee on wsys Seats Now on Sale PORTLAND SYMPHONY ORCHESTRA DAVID C ROSE BROOK, Conductor Thursday Eve., Ivlarch 4th Heilig Theater SOLOISTS ROSE ELCCH-BAUER . . . Soprano WALDEMAR UND Violinist Prices RO Crati to 92.OO. Chlckerlng Piano Used. AND SAVE $10 ON YOUR wiil enron as members ot tins club and meet its con ditions. Under these liberal concessions we are able to offer you the "Gevurtz Ail-Steel Range" On the extra special terms terms that should ap peal to all who need a new range and terms, too, that must be convincing proof of the perfect confi dence we have in the merits of our great ranee, namely: Down and means at the recent session, ex plained that the failure of the Fire Warden bill to pass the two houses was due to a lack of a proper demand on the part of the interests Involved, rather than to a disposition on the part of the members of the legislature to treat slightingly a subject of such vast Importance to the state. Insnmnce Is Demanded. Judge Clelnnd Is hearing the suit of Roy It. Woodruff against the Aetna Insurance Company. He alleges that he took out an accident policy with the company, and on May 22. while running for a car. sprained his ankle. He was unable to work for two months. h says, and demands $703 ln surrtnee. Yesterilnv nfternooti An Inhalation for Whooping-Cough, Croup, Coughs, Colds, Catarrh, Bronchitis, Diphtheria. Cremotone Is m Boon to Avthmatloo. Dom It not mm mora rte-tir to breathe In a remedy for dliemea of tbe breathing organ toaa to tka the remedy Into the auunaca? Cresolne cure beruw the air, rendered trnnffly eatieeplto, t carried over the dtuaed surface with erprr breath, aivlna proluncrd and constant trectment. It la InrnluuMe to mothers with "mall children. For Irritated thrflat there la noilunir tictter titan Creanleiie AuUne;lio Throat Tahiete. tenl s.o in postage for aauipV WMtle. ALL DRUGGISTS. Bond tKMtal fur do enrlplira Booklet, Vaso-Orrnelerie Ca laO Kulton fctraot. N-w Vert. CHILDREN WHO ARB SICKLY Mothers who valu thalr own comfort arid th wMfar of tli?lr children, shuuld t.vr b without & box of Mother ijrtv'i Fweel I'owdr. for children, for u throughout th usou They lreak up Cold. Cur vrlilinfp. Constipation. TthmR Dia oror. iffndnrhe and Stomach Tronhlea. THESE I'OWIF.RR NH'ER FAIT tVId by a:i truc Store, y.c. Don't accept ny nub atitut A trial jn,-kair will b int F"REB to anr mother who will addreaa AlUn R 01mitt3. Roy. n. T. The most exquisite cleanliness is necessary in the care of bottles and other utensils used in the preparation of a baby's food. For this purpose, there is nothing quite so good as Ivory Soap. Dissolve a few shav ings of Ivory Soap in a quart of hot water. Rinse the bottles with cold water, wash them inside and out in the Ivory Soap suds and then scald with boiling water. Ivory Soap 994o Per Cent, rurc. ei G tab RANGE SECOND And YAMHILL STREETS taken np in arguing points of law be fore the court. Who Is this Revswenom ? Pag 6. flews for 1'ecffte N'orthweet Sol .nd OllmaUk. ow on "1 l.i.l. y at all beet dealere. A k for Cata locus. Jf not en aal e in sour neighborhood, writ as. civlnc name of your dealer, and we will snail yo a packet of flow er eeeo.s free for josr tranble t'KUNT A.VU YAMHILL. STS.. Portland. Or. PAILF.S AJill niGII-CLASS DKMISTKV Crown and llridste orlt a Specialty 1'tH'LL.AIt I'ltltiis --K Unlil frown f ?ood Kiiblicr llnt . ""t Host l:ui.hcr iMate i:.ld Killings " Hrl.Itr.j V..rk t Sllvor Killnc. "'I All other l'Mllncx """a s.r.o s.o ei l.on I. OM .so .BO Its Kxtractintr. Ialn!es ALL, Wttltlv Gt'tH.WTEED 10 V Union Painless Dentists COllNKR FIRST An MORRISON MHEETS Phonra, Main PlKIrt, A 2133. A SXIn of Bsauty is a Jay Forev.' D S. T. FELIX COURAUD'S ORIENTAL CREAM OR MAGICAL BEAUTIFIES! T trior- Tan, rirapW IUb, and k:Q T tve. IS" "a Si. avQQ cvtrr tnn,ia "O betvtatr. avnd ! havs t4r4 tli trt . f o Trirx. uta la o famrmte w tVuttlt tobttrarvlt 1 prr ;xriT mtuJav. 't of i;mUv rtvm. Dr. L. A. S&rr a:d to a laJy of th haut too a paJieutit At you lad,? wtU um Us-m. T nfi tt fn at r, .4 Miairnnd! CrcHin th Irast bartnfu. of a.) vfe kin preparation." r or aal hv mH dnifa'iat ad Faarr iiovd iealera m th Ualtc4 Stalea, tr.n'ia and Europa. rUO.T.HQPUNS,Prop 37 Gnat Jones Slrert, RenTa V. PHQQF in She We tell you about how rood you'll feel after taking a CASCARET that millions of people buy, us and recommend them But that' talk you buy a box now tak aa directed to-niyht and get the proof in the morning1 After you know CASCARET3 you'll never be witaout tnem. IS CASCARET ioc a box for a wefk't treatment, all druRKLst. Bicest aeiier tat world. UiUiaa box a atonta, ' ASK -vDIAMOND iJ-WrTriOUT PLATtJT .1