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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 5, 1909)
14 THE MORNING- OREGOXIAN, FRIDAY, MARCH 5, 1909. TflWNSEND- FLAYS T Federal Prosecutor Continues Vehement Polemic in 0. & C. Land Case. GOES DEEPLY INTO DETAIL ' Sovemment Agent Continues Ar raignment of Railroad Usurpa tionQuotes From Many Deci sions in Support of Ideas. At the afternoon session yesterday of the Oregon & California land-grant case before Judge "Wolverton In the Federal Court, B. r. Townsend, special assistant for the United States Attorney-General, renewed his argument against the rail road company's position. The courtroom was crowded wu.: spectators, who fol lowed the various steps in Air. Town send's argument with the closest In terest. The session was opened with a continu ance of the contention In opposition to the construction of the proviso that re lates to the settlements made upon land between the date of the grant and the date of the filing of tne man of loca tion. It was contended that land settled upon between those two dates by home steaders or pre-emptioners was treated by the company and by the Government as excluded from the grants and selec tion of indemnity lands. Considerable time was devoted to a review of the question of patents and to the law for the issuance of patents under the grant, and their status. Analyzes In Detail. Mr. Townsend devoted his efforts at the morning session to his contention that the grant to the Oregon & California Railroad Company was not one in prae sonti, but that there were a sufficient number of checks upon it to prohibit the railroad corporation from disposing of the lands envbraced therein, excepting un der specific restrictions, the features of which .were that the lands should be dis posed of only to actual settlers In quan tities not exceeding a quarter section to each purchaser for a maximum consider ation of $2.50 per acre. After citing numerous authorities to sustain his contention, Mr. Townsend de nied opposing counsel's claims that the railroad company could have acquired the grant without assenting to the provisions of the act of April 10, 18S9. He asserted that it was never intended that any pre vious act should nullify a subsequent one, notwithstanding that a clause In the act of April 10, 1889, specified that It should not Impair any rights here tofore acquired. Mr. Townsend again re ferred to the. debaters In Congress at the time of passage of the different meas ures in support of the Idea, that It was always the intention to make the settle ment clause a permanent feature of all grants, although he did not consider that It was the Intention of Congress to place any more limitations on the sale of tho granted lands than the public Interest demanded. Wants Immigrants to Oorae. The proper method of disposing of these lands, Mr. Townsend declared, was the system first adopted by it. that of in ducing immigrants to make their homes on the grant. With regard to the contention of op posing counsel respecting the lands that had already been sold, Mr. Townsend claimed that the Supreme Court has held repeatedly that any alienation of lands In conflict with the provisions of the granting act conferred no title upon the grantee. Respecting the railroad company's po sition as to the statute of limitations Mr. Townsend contended that it does not purport to change the conditions of the grant. SAIVMTLIi OOMPA3TT DEFENDANT Ininan-Poulsen Charged With Pur chasing Government Timber. Complaint was yesterday filed by T'nited States Attorney McCourt with the clerk of the Federal Court against the Inman-Poulsen- Lumber Company, of this city, demanding damages In the sum pf $3046 for the alleged purchase of B77. 620 feet of fir logs said to have been cut on Government land In violation of the law. The complaint alleges that George W. ICelth nnd Herman I. Potter, in 1900 harrmm. GRAN HJy?1xnrhat.lard was uakeatthy, ould you still eat lard-soaked food? Even lard manufacturers admit that there is only enough pure leaf lard made to supply one-tenth the lard consumption. How do j WMUU.W vV vUM,v j vu uvi. Cottolene nd 1901. trespassed on Section 29, Town ship 4 north. Range 7 east, Washing ton County, this state, taking therefrom tho above amount of timber and selling It to the local lumber firm. Interest at 6 per cent from August 25 last, the date the demand for restitution was first made. Is also asked by the Government attorney. WAS NATIVE OF OREGON Mrs. Samantha Sheldon Passes Away After Four Years' Illness. Mrs. Samantha Sheldon, wife of Kirk Sheldon, and a native-born Oregonian, died at her home, 115. East Twelfth street South, Wednesday of heart disease, after an illness of four years. Mrs. Sheldon was stacked heart weakness in 190a t ,C-'V,..v v MA " 3 and was an invalid till death. She was well known and highly respected In Port land, where she had lived since 1872. Mrs. Sheldon was born on Sauvle's Island in 1S51, her parents being the well-known pioneers, Mr. and Mrs. Joseph Charlton, who came to Oregon In 1845. She was married to Mr. Sheldon In 1S72, and has lived -in Portland since. She is survived by her husband: by her mother, living at Sellwood; by Mrs. Henry Lampson. a sister, living at Zillah, Wash.; and by two children, Kiik Sheldon, Jr., and Mrs. Arthur N. Derby, of Portland. The funeral will be held today at 1 P. M. from St. David's Episcopal Church, East Twelfth and Belmont streets, and the interment will -be in Lone Fir Cemetery. Gamblers Will lie Jailed. Gambling Chinamen will go to Jail hereafter. Municipal Judge Van Zante announced this some days ago, and when the first nine heathens arrested for fan-tan-playing since the edict went out were called In court yesterday morning there was no response. Not even their legal champion, B. S. Pague, was on hand. They forfeited their ball of $50 each, thus adding the sum of $450 to the city's wealth. Inasmuch as stiff fines have failed to have any effect on Chinese rambllng, thA system of sending the gamblers to jail will ibe tried for a while. The gamblers hope to beat that system toy Jumping their ball, but as the bail is nerver less than $50, that Is an expensive w-ay out of the dilemma. The nine Orien tlals who kept away yesterday for fear of being locked up -were arrested in a raid at 62 Second Street. Seventh Ward Wants Parks. At a meeting last night- of the Seventh Ward Improvement League in the Brook lyn Republican Club Hall, corner Mil waukle and Powell streets, the question of public parka In that section was dis cussed at length and a special committee appointed to head a delegation which will attend this morning's meeting of the Park Board and ask that various tracts in that district be purchased for k purposes. The number of acres Is to je left to the judgment of the Park Board. The committee is as follows: Chairman, Ben Reis4and; R. D. Merchant. L. El Rice, L. W. Darling, Rev. Father Greg ory, W. L. Boise. Concert Tonight for Seamen. The First Congregational Church will give a concert this evening at the Sea mens' Friend Society, corner Third and Flanders streets. The programme will be 6s follows: Piano solo. Miss Brough ton; vocal solo. Miss Sabln; reading, Mrs. H. J. Miller; violin and piano duet. Wayne and Earl Coo; reading'. Hazel Toung; solo. Stuart McOulre. Several songs will be given by the sailors, who will also sing chanties hoisting the top sail. The concert will begin at 8 o'clock and all friends are cordially Invited. Webfoot Oil Blacking (a shoe grease). sortens leather. weatherproof shons : t, ' . i t! ; - i I j f L i i 'i Zji-i . i The Imie Mrs. Samantha Sheldon. T ...... Watmxe's Gift av.T A v-.i;-. J ? - ll r f . mi r is a pure vegetable -Droduct. which contains -no MAYOR ON CARPET Grand Jury Likely to Put Lid on "Moral Squad." OFFICIALS ARE SUBPENAED Reckless Operations of "Peeping Tom" in Routing Out Married Couples Is Frowned Upon by -Board of Inquisition. Arbitrary operations bf the police "moral squad" will doubtless oease as a result of the calling to account yesterday by the county grand Jury of Mayor Harry Lane and Police Commissioner T. O. Greene. These two officials were on the carpet In the District Attorney's office for something like an hour early yes terday afternoon explaining their views on the moral wave launched by them some time ago. Members of the so called "moral squad" are likewise set down for examination. Captain 8 lov Br and Sergeants Klenlen and Keller having been instructed to appear at once. . While the grand Jury's views of such conduct will not be officially set down until the final report is made at the end of March, yet It was definitely learned yesterday that the Jurors object to the "moral squad" way of doing business. Deputy District Attorney Fitzgerald, upon whose shoulders really falls the task of directing the affairs of the Dis trict Attorne's office, has pointed out to the grand Jury the law relating to raids, so it was learned. In effect, the law says that no officer has any right to invade the private premises of any person except in the manner and under the circum stances prescribed by law. In other words, an officer may not make arbi trary invasions, and any officer who at tempts to forcibly enter a room where he has not sufficient reason to believe the law Is being broken, and when ho has no search warrant or warrant of arrest, then he may be treated in the same manner as an ordinary Intruder, burglar, robber or sneakthlef. Thus such measures may be adopted to prevent his exclusion as may be necessary. Just what took place when the Mayor and Greene were on the carpet is not officially divulged, the law requiring that the grand Jury proceedings must be sup pressed. It is learned from an authentic source, however, that the two officials contended that an occasional mistake cannot be avoided, but that the general effect of "moral squad" operations is good. It Is said. too. that the officials said the direct instruction of the squad In its duties was a matter left in the hands of the Chief of Police. The chief had "previously been before the Jury. Although the present Inquiry Is in the nature of . an Investigation of the raid by Sergeant Klenlen several nights since on the room of a married couple, whose 7-year-old child was sleeping with them at the time, yet the whole "Peeping Tom" system is involved. The grand Jury's report on the subject will prob ably settle the matter, for If admonition does not suffice, it is likely that the next grand Jury may try Indicting a few of ficials. ' Mr. and Mrs. James Madison, subpe naed by the grand Jury in connection with the Walpole raid, have not yet been located, and are said to have moved from their residence at 890 Everett street. AMUSEMENTS WHAT PRESS AGENTS SAY Paul Gilmore Popular as Ever. The well-known actor. Paul Gilmore, U creating a splemlld Impression at the Raker this week In his new olay. "The Hoys of Company Ft," which by most theatergoers is considered to be even better than his original success. "The Mummy and the , Hummingbird." It Is nlled to tho brim with the cleanest kind of comedy. "The College Widow" Tonight. There are still good seats to be had for Baker Stock Company's great prodactlon of "Th. PnlU. Tl -, ,1 " . . V. . , ..... . . luu., ii. l uia Dunpumr toniKht, tomorrow matinee and night. It affords unlimited opportunity for Maiibel Beymour. James Gleason. Howard Xtuasell and others. AT IKE VACDr7VIT,TJE T1TE.4 TKRS. McDonald ft Hnntlngton Orphrnm. One of the neatest and classiest musical couples that has appeared at the Orpheum In a long time are McDonald & Hunting ton, who Introduce In their act Koth Irish and American songs Their rendition of the character sons; as a nevrsboy and his sweetheart Is excepUonally good, and there Js humor as well mm sentiment In their offering. - Rend Children Tomorrow. Bo not forget to send the children to the Grand tomorrow to see Coin's dogs. "it unrtpeneq In Iogvll W Is the bst trained hortens your VI uac VUUCi LISZT AND HIS PIANO How the World's Greatest Pianist Acknowledged Supremacy of American Pianos The following appears in Everybody's for February: In Liszt's old home In Weimar, which is Btlll preserved as he left it. and is visited by reverent musical pil grims, stands the Checkering piano which he loved to use. It occupies the place of honor In that silent house hold, and is still in splendid condition. The story of how Uszt became the possessor of this instrument Is one of tho little classics of musical history. This instrument was shipped to him to Home in 1867 from the Paris exposition, and was followed by Mr. C. F. Chlcker tng's personal visit, in company with Joseph Poznaskl. who represented the house of Cblckering at tho exposition. Tho story 1b best told In the letter which Mr. Poznaskl wrote his wife re garding the event: "Yesterday. Immediately after mail ing letter to voil I went to the cus tom-house, whenoe I took the piano and caused it to be transported with out delay to Liszt's residence. As soon as the piano was on Its legs the cele brated pianist seated himself before It, and the harp-like arpeggios, the bird like trills, the thundering- octave pas sages which rolled from the noble in strument were marvelous. ADOut halfway In this tremendous test the maestro ceased nlavlna- ajid spoke thus tl give you his words ver batim: 'C'est imperial! Je n'al Jamais cru qu'un piano pouvalt posseder de vciivq i4uiiiiesr is imperial: x never thought that a nlano could oos- sess such qualities!) Then, taking Mr. Chickerlng by both hands, with most neany nandshakes, he said to him: 'Cela vous fait honneur, monsleurl Ce piano me donne envle de toucher de piano. Je vous en remercle et J'en aural un soin Jaloux.' (This instru ment does you honor, sir! This piano makes me feel like playing the piano. I thank you for it, and will take most Jealous care of it.)" Chickerlng pianos exclusively repre sented in the West by Fliers Piano House. 3r3 W ashltiBTton street. animal act In vaudeville. The children will be delighted with the dogfles and It will be a rare treat tor the little ones. The Borstal troupe from Germany are novelty acrobats who save something new. Capacity Houses at Pantages. Here Is a list of the acts that are draw ing capacity houses to the Pantages Tuea ter this week: The Four H anions, fantasma stars, greatest oomedy act In vaudeville; Xld Gabriel Co.. producing the famous Remington pictures; Soraers and 6lorke; The Two Blossoms. COMtNQ ATTRACTION'S. -The Ked Mill" Next Thursday. The attraction at the Relllg Theater. Fourteenth '-and Washington streets, for three nights, beginning next Thursday, March 11. with a special matinee Satur day, will be the big musical comedy suc cees, "The Red Mill." This big organisa tion Is presented by Charles Dillingham, who has given this brilliant offering of Victor Herbert and Henry Blossom a most magnificent cast of principals, a big and beautltul chorus and a gorgeous production. Daniel Sully Opens Sunday. The sale of seats is cow open for the engagement of Uanlel Sully In his latest success. "The Matchmaker." at the Baker, opening Sunday matinee and for all next week. This promises to be one of the most Important dramatic events of the sea son, as Mr. tiully Is a strong favorite here and his new play Is said to be his best. -Society and the Bulldog." Paul Armstrong's late play, "Society and the B-ulLdog." will be seen here for the It rat time at the Bungalow all next week. Manager Baker having secured the rights to pnesent It here In stock in advance of alt road attractions. Armstrong Is the author of such big successes as "The Heir to the Hoorah," and others, foremost on the Amer ican stage today. Great Cat Ac at Orphrnm. Bring the children without fall to the Or nheum next week for eilbon's Novaltv enr- cus, wHh a number of trained cats, dogs km ponios, win pioase tne liuie ones. There are some of the prettiest cats ever seen on a stag, and all are well trained. It la wonderful the way these animals are trained, Dy aina treatment ana patience. Bollrraa and Kllraln Next Week. John I. Sullivan Is perhaje the greatest figure In the world of sports the past 25 years whose glory today la little dimmed, although over 15 years have elapsed since he relinquished the world's heavyweight championship. He will appear next week at Pant ages Theater with his old enemy. Jake Kilraln. SEASIDE IS GIVEN HEARING Shippers) Allege Kates on A. & C 1 tall road Are Excessive. SALEM, Or.. March 4 (Bpeclal.) Upon complaint of Alex Gilbert, of Sea side, the Railroad Commission will in vestigate the reasonableness of all freight rates on the Astoria. & Columbia River Railroad between Portland and Seaside. Gilbert alleges that the rates are exor bitant. Floattrollder Coming. 1 J. W . KBrTiPr frT mnra " ' " - rCTlPT IPirrn lOPC T.rn iittv sir I I ' r,ir8 nupenni-nn-nT or oonntTTrr- iO 1V1LU311L1J 1003 MJIM I-AiUI I K I -.from the foodlengthens your life iLLlXC - LrjJLLLllO WXLU I GREGORY HEIGHTS on Sunday, ever since the tract opened. It is fair to presume that they take the ride with the idea of seeing the property. Such being the case, we have endeavored to have enough representatives on the ground each day to show a vast number of people the lots we have for sale. Unfortunately, however, most of the large crowds have insisted upon visiting the property m the afternoon, making it utterly impossible for us to accommodate iv?!!rcOUrteOUa 7 We merely ak those who intend to visit GREGORY HEIGHTS next Sunday and are seriously interested in the ownership of io see us m me We ar on the ground every day from morn till There are less than 300 lots left unsold. Your opportu nity to buy your own home for $10 a month is rapidly slipping away and it is a certainty you will never again be able to buy a building site in the city of Portland for as low as $100, payable $5 down and $2.50 a month. TAKE CAR MARKED AS ABOVE AT THIRD AND tlon of floral floats fnr tK. "Veiled! Prophet of St. Louis, foe lenni rears master-floatbullder for the Mardi Crras, at Kow Orleans, ami ri.im..- e spectacular processions in more than a score of great INatlonal. state anil ivir celebrations, will arrive in Portland the latter part of this week to superintend tne construction of the Rose Festival flOatS. Mr. 1 1 U TTfV wtnul . T.aA XT-- tlval managers that he left St. Louis yes- i--iuijr, ana mat no expects to arrive here Thursday or Friday. He will remain hero until all the floats for the two daylight and the three night parades of the Festi val have been completed. Xortli Bank Oats Oat Grade. VANCOUVER, Wash.. March .(Spe cialsThe North Bank Railroad has Avoid the Knife A well-made, skillfully fitted. Truss is life insurance it prevents strangulation, it aids a cure and often obvi ates an operation. "We fit Trusses right, as thousands will testify our prices are low. AVo. send Trusses to any address on approval no pay if you're not satisfied. Write for our illustrated list. Wcodard, Clarke & Co. ClXC; Irl King giclVC CUclIlCCS t hog NO. 2 ABOUT THE CROWDS TO GREGORY HEIGHTS here fiav KAn all ike u9 fen moriung. It will be better i -u, started a crew with a steam shovel to work cutting- down the grade between Its bridge over the Willamette and the bridge over the Columbia. The stretch of track between the two .bridges is level, save for about half a mile, where there Is a t per I Sell Only Sample Shoes They Are the Pick of the Shoe World POSITIVELY NO BRANCH SHOPS IN PORTLAND FOR I L MEN $2.50 Sixth Floor Oregonian Building: Rooms 600.601 TAKE ELEVATOR O oxctls. 55 fat. It makes i la i - a, .. t m r-.t - ii -si z w enn a rrn 1 . for you and better for eve. us. YAMHILL TO END OF LINE -yj'.u'.i7?n cent grade. The entire line between the two rivers will be made level. Th. lanraa room -under a slnirl. raef la th. world Is th. pasMns.r nmrouiM of th. n.w Union tfe-pot at Washington. D C havlnr an irw of ovkoo soimr rt Sixth Floor Oregonian Building Rooms 600-601 wholesome, FOR WOMEN $2.00 A PAIR digestible, healthful food. Why take chances with swine fat? Made only by THE XT. K. FAIRBAITK C0MPAKY, Hew York, New Orleans. Chicago.