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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 6, 1909)
THE - 3IOBXIXG OREGONIAN, WEDNESDAY,, OCTOBER . 6, 1909. REFUSE SETTLERS ITER FOR IRK Newell-Garfield Co-operative Plan Nipped in Bud by Balllnger. NEW LAW IS NECESSARY Congress Must Act Before Home seekers May Continue to Draw Certificates for Labor on Reclamation. OREGONTAN NEWS BUREAU. Wash ington. Oct. 5. If the Newell-Garfield co-operative plan of building Government reclamation projects Is to be resumed and settlers on unfinished projects are azaln to be given opportunity to work out partial payments on their water lights. Congress must amend the Na tional reclamation act. Secretary Eall- Inger has done away with the co-opera tlve plan of construction, for he Is twice sustained by the Attorney-General in his contention that this method of construc tion Is contrary to both the spirit and the Intent of the law. The Secretary does not condemn what equities may lie behind the co-operative plan, lie Is willing to concede that it was adopted with a view to furnishing em ployment to settlers who went early upon various projects in order to get good lands, and who found themselves without means of sustaining themselves during the first yeora of their residence; he is also willing to concede that there may be Justice In extending a helping hand to such settlers who are acting in good faith, and struggling to gain title to irrigated farms. But he is brought face to face ith the law. and as Secretary of the Interior he must enforce the law as he finds it. Congress to Blame. If there are shortcomings in the law, the blame rests upon Congicss. and the oersiKhts can be remedied. But with htm. the law is the law, and must ua en forced. Soon after Mr. Balllnger became Secre tary of the Interior, he criticised the co operative plan of building Government projects. He was unable to find warrant of law for the practice, and announced that the custom would be discontinued, and that no further certificates would bo Issued to settlers by the Reclamation Service. At the time of making that an nouncement, he was backed by an opin ion from Attorney-General Wickersham, holding that the practice was not con templated or authorized by the statutes. That particular opinion of the Attorney General, however, was rendered In the case of the Grand Valley project. Oolora do, where the Water Users" Association not only proposed to carry on work under the Newell-Garfield co-operatlvr plan, but also proposed to raise money tj de fray a part of the cost of constructing their project. Backed by Wlckersham. The Reclamation Sen-Ice maintained that the decision of the Attorney -General did not upset the co-operative plan generally, but merely held Illegal the proposal of the Grand Valley Association to raise funds to b used by the Gov ernment In addition to money to be taken from the reclamation fund. It was con tended that under the Attorney-General's ruling, tt would still be lawful to permit settlers to assist In the construction of Government projects, and to be paid n certificates which afterwards would be accepted by the Government in payment for water rights. So. to set at rest the entire question. Secretary Balllnger asked the Reclamation Service to submit to him some specific project on which "co-operative work was being done under the Newell-Garfield plan, and the North Platte project was chosen. Secretary Balllnger then transmitted the papers to Attorney-General Wlckersham and re quested a second opinion. That opinion is tvin more positive than the first in sustaining Secretary Balllnger. The text of that opinion follows: "The Honorable, the Secretary of the Interior Sir: I am in receipt of your letter of the 21st ultimo, transmitting to me a statement of facts covering the co-operative plan of the Reclamation Service, with special reference to the so-called North Platte project in Ne braska, which, it is suggested, so dif fers from the Grand Valley Water Users" Association plan, which was re ferred to in my opinion rendered to you under da'e of May 26. 1919. as to call fur a different conclusion. The acting director of the Reclamation Service. Morris Bien, in his communi cation to you dated July 31, 1909, re ferring to the Grand Valley contract, says: Xo Security Offered. " "One of the principal objections found by the Attorney-General to this con tract was the fact that the money fur nished by the Grand Valley Water Urers" Association provided another fund for the reclamation work; that the money subscribed Is not in. nor does it go into the reclamation fund and that there is no security that It will be in that fund or that the work agreed upon will be done. This feature is entirely absent from the ordinary oo-operative contract, because the associations advance no money whatever to the Government in such cases." "This paragraph evidences a misappre hension of the objection to the proposed contract which was before me. That objection was not that the moneys sub scribed by the waterusers' association was not In the reclamation fund, but that the reclamation fund by the statute was created from the proceeds of the sal of Government lands, there was no provision for augmenting It by private enterprise, and that the power of ' the Secretary of the Interior to let contracts for reclamation projects was, under the law. specifically restricted to the extent of contracting for expenditures not ex ceeding the amount of moneys available in the reclamation fund as constituted by law. "But the plan now submitted for con sideration Is described in the letter of the acting director as follows: 'The co-operative plan consists in the United States making a contract with the Water-Users Association by which the association agrees to perform certain work within certain maximum prices, the work to become the property of the United States upon ,acceptance. Payment is made by the association In certificates of work performed, which are to be ac cepted by the United States In reduction of charges against particular tracts, as an equitable apportionment thereof.' "The question which, therefore, at once arises is by. what authority any one as sumes to mnke this particular form of contract In the name of the United States. "Section 3732 of the revised statutes enacts as follows: " 'No contract or purchase on behalf of the United States shall be made, un less the same is authorized by law or is under an appropriation adequate to its fulfillment, except in the War and Navy departments, . for clothing, subsistence, forage, fuel, quarters or transportation, which, however, shall not exceed the ne cessities of the current year.' "ThlB act has been several times con strued In the opinions of the Attorneys General." After citing several interpretations, the Attorney-General continues: Depends Upon Funds. "As was pointed out in the previous opinion, the Secretary of the Interior by the act of 1902 is given express authority to let contracts for the construction of reclamation works only 'provided the necessary funds are available In the rec lamation fund.' . If they are. then the authority of the Secretary to enter into a contract involving expenditures not ex ceeding the funds so available, under the terms of the act, la express. If the necessary funds are not available In the reclamation funds, no such authority exists. - "I can see no difference whatever be tween the principles governing the con tract in the North Platte project and those which were applicable to the Grand Valley contract, except perhaps that in the North Platte project, the matter Is worked out more in deail. In the North Platte project as in the Grand Valley, co operation between the United States and tlie private association of water users was brought about by contract, under which the Waterusers' Association under took to do a portion of the work of com pleting a reclamation project, receiving certificates to the value of the work so done by them, which certificates are to be accepted In payment by 'the Govern ment on account of the actual periodical payments required by the act to be made by those who enter upon the lands so reclaimed. Certificates for Work. "These certificates are described by the director of the reclamation service to represent 'the value of work done or ma terials furnished in connection wiui ine construction of the distribution system, and In surrendering the certificates each person. In accordance with the regula tions and article 6 of the contract, trans fers any right or interest he may have in the wjrk performed and In return therefor received a reduction of the water right charges which are due from him to the United States on account of a certain definite tract of land. This re duction becomes a set-off against the amount which he owes the United States on account tf this charge on the land.' "I find no authority whatever under any statute for any officer to permit such a reduction as a set-off against an amount due to the United States on ac count of the charges referred to. While it may well be that the reasons for em barking upon such a co-operative scheme, which are set forth by the director in his communication, would appeal to the leg-b-Iatlve branch of the Government, they cannot, in my opinion, operate to extend the statutory authority of the head of the department to make contracts for which 'the necessary funds' are not avail able in the "reclamation fund' as con stituted by the act of Congress. "Respectfully yours, (Signed) "GEORGE W. WICKERSHAM. "Attorney-General." irt ni. ' -' .TfT r ' 1 Oj 1 C 1 In Full 111 W T -u Vjfa JT J mal aV J aW m It HORSE IS MUCH OWNED Although Said to Be Twice Bought, Declared Property of Another. Because the Pearson & Page Company alleged It bought a horse on two different occasions but refused to show its books telling of the transaction. Judge Gatens held as a point of law In Circuit Court yesterday that the Pearson & Page Com pany really did not own the horse, but that it was the rightful property of Joe F. Singer, a South Portland politician, who showed he had bought the horse in July. 1906. As a result. Singer was award ed $360 damages. $135 being for the horse, $90 for an express wagon, which went with the horse, and l-fc damages ior me deprivation of the use of the horse and wagon up to the present time. The evidence In the case showed that Singer had actually bought the horse from William Clement, but the Pearson & Page Company asserted to have bought it previously in 1907 for $125 and then testified that again in January. 190. the horse was bought by the company from Clement for $250. Upon the refusal to show the books with the record of this strange transaction, the Judgment was awarded to Singer. Julius Silvestone acted as Singer"s attorney in the case. 6000 Want Indian Lands. PIERRE, S. D., Oct. 6. The actual reg. lstratlon for the first day in the land opening of the Cheyenne River and Stand ing Rock Indian Reservations at this place was 870 names. The registration for the same period reported from the other districts was: Lobeau, 2S0; Mobridge, 270; Lemmon. 262; Bismarck, 677; Aberdeen, 34. Total, 6013. Annual Great ' ooos Sale Swinff Gray and Mottled Blankets Made of Oregon wool in an Oregon mill, therefore sure to be of good quality. Being on sale in a woolen mill store, you're sure of getting them at a very low price. $ 4.00 gray Blankets are $3.00 $ 4.50 gray Blankets are $3.50 $ 5.50 gray Blankets are.... $4.00 $ 6.50 gray Blankets are.... $5.00 $ 8.00 gray Blankets are $6.00 $10.00 gray Blankets are $8.00 This year's Great Woolen Goods Sale is exactly like its predecessors in years gone by in one particular at least it opened with a rush. In other, and vital to you, particulars this year's sale is far ahead. We show larger stocks, wider varieties and quote lower prices than ever before simply be cause we know that to stand still is to go back, and that we will not per mit ourselves to do. YOU the ULTIMATE CONSUMER is the one who benefits thereby. Men's $1.25 $1.50, $1.75 $2.00 Wool Underwear White Wool Blankets i If you want what is "Intrinsically Best" in white Blankets, these will meet with your unstinted approval in every way. Made of pure lambswool thick and fluffy daintily bordered in pink or blue. $ 7.00 white wool Blankets. .$5.50 $ 8.00 white wool Blankets. .$6.50 $10.00 white wool Blankets. .$8.50 $4.50 to $6.00 Indian Robes $4 Men's $20 and $25 Suits, Over coats, Raincoats Boys' All -Wool Oregon Buckskin Wear Guaranteed Knicker Suits Don't think that because we've had fine weather right along that it isn't going to change very soon. Therefore, you'd better make your preparations NOW for the colder weather that is sure to come. It's a very trite expression to use when we say that these suits fill a long felt want but that is ex actly what they do. We are dropping from our regular line of Underwear five or six styles of men's garments. Some of them the mills have stopped making, and the balance we have replaced with other lines. In order to close out the stock on hand, we have piled them on a separate table, and our customers can help themselves to Underwear worth up to $2 per garment for 05. Men'i Wool Und erwear Exact copies of designs made by the Navajo Indians. Especially suited for cozy corners, couch covers and lap robes. Splendid value at the price. Sweater Coats Every one of them of the real "Brownsville" quality and all on sale at real "Brownsville" prices- which-means that you get the best there is at the lowest price quoted. $1.50 wool Sweater Coats. .. .$1.25 $1.75 wool Sweater Coats $1.50 $2.50 wool Sweater Coats S2.00 $3.00 wool Sweater Coats $2.50 $4.00 wool Sweater Coats $3.00 75c Women's Natural Wool Underwear, $1.50 Reg. Although vre deal In men's proods alto nether, there are times when we are enabled to take advantage of an excep tional bar vain In women's goods. This Is such an occasion. This Underwear is made of natural wool, and comes In a silver array color. The fit and finish are perfect. Actual quality on ale at T5 Blue Flannel Shirts For years and year, these Shirts have been acknowledged to be the best that c-onld be produced and the standard has never been allowed to drop. It Is not alone the flannel, but the vray they are made that makes them stand in a elass of their own. 12.00 Brownsville Flannel Shirts S1.50 $2.60 Brownsville Flannel Shirts $2.00 $3.00 Brownsville Flannel Shirts S2.50 $3.50 Brownsville Flannel Shirts $3.00 Men's Flannel Night Shirts Thousands of "men who know" have been buying their Underwear here for years. Why? Because they know that they are certain of receiving sterling quality at the lowest possible price. Men's $1.00 wool Underwear. ..75 Men's $1.25 wool Underwear. $1.00 Men's $1.50 wool Underwear. $1.25 Men's $2.00 wool Underwear. $1.50 Men's $2.50 wool Underwear. $2.00 Si The one particular feature aside from the lotr prices that is worth while noting;' about these Karraents Is that they are cot extra Ions and wide. $1.25 Flannel Night Shirts Sl.OQ $1.50 Flannel Night Shirts $1.25 $2.00 Flannel Night Shirts S1.50 MEDICATED FLANNEL UNDERWEAR This underwear is made of all pure .wool Brownsville medicated flannels, and In recommended by us as a cure for rheumatism. It comes In red and brown colors. $l.SO Flannel Underwear. . . . f.2.00 Flannel Underwear.... Cashmere and Heavy Socks Blankets 'Mill Seconds- Half Pric. Nothing; the matter with these Blan kets that would impair their wearina; quality. All that stamps them "sec onds" is the fact that some of them are off color, others have a thread dropped in weaving or a small tear when finishing. No matter if you want Socks made of fine cashmere yarn, or heavy ones like mother used to make this is the store for you. Prices are on a down hill slant like this: 20c cashmere Socks, 2 pairs. 25 25c cashmere Socks, 3 pairs .... 50 35c cashmere Socks .25(i 50c cashmere Socks 35 75c cashmere SockB 50 25c heavy knit Socks 20 $ 35c heavy knit Socks 25t 50c heavy knit Socks 35 75c heavy knit Socks 50i St sjp k!tarlyliP Clothiers I Mill UtoJlA BALLINGER OH FLY Secretary Speeds Through City En Route to California. KLAMATH IS OVERLOOKED San Francisco's Hetch-Hetchy His Main Goal Nevada, Arizona, New Mexico and Yosemlte Also to Be Visited. Secretary of the Interior Balllnger 6ped through Portland last night on his way from Seattle to California, for an in spection of reclamation! projects and per sonal ln-estlgation of San Francisco's Hetch-Hetchy project, that these enter prises may be embodied in his annual report. Mr. Balllnger did not leave the train, his lightning visit being made known by a reception given him at the depot by United States Attorney Mc Court, A. Chrlstensen, chief of field di vision, and Special Inspector Dixon. Klamath, Oregon'e reclamation project, will not be visited by Secretary Balllnger in his present tour, as had been in tended. His annual report compels his return to ' Washington by November 1, and Klamath's needs will not be inves tigated until later. The Secretary, In his recent visit to Portland, promised a personal inspection of Klamath in time for his annual report, which, he an nounced, would be complete in early Oc tober. President Tart's visit West and Secretary Ballinger's call to Washington on the Pinchot controversy demoralized his inspection schedule, and, as a result, investigation of Klamath was foregone for the projects In California and else where, regarded as more important by the Department of the Interior. While San Francisco's Hetch-Hetchy project is the main goal of Secretary Bal linger's belated tour, several other re clamation enterprises will be scrutinized His first stop will be at Orland, Cal. When this project is inspected he will proceed to Reno, Nev., for a visit to the Truckee-Carson and Lake Tahoe projects. Here he will be met by a corps of Re clamation Service engineers, who will ac company him to the Yosemlte. From the Yosemlte Secretary Balllnger will proceed to San Francisco, where sev eral days will be passed by him in ex amining Hetch-Hetchy. The project was won by San Francisco before last Con gress in its endeavor to overthrow the Spring Valley Water Company, which has held sway as the water trust of the metropolis for many years. When Hetch-Hetchy is scanned Secre tary Balllnger will proceed to Arizona and New Mexico, where the Indian - reserva tions, as well as various reclamation projects, will be visited. Mr. Balllnger is accompanied by his private secretary, work on his annual re port while en route being necessary, that the document may be filed with the Pres ident with the reports being prepared by Secretary Ballinger's confreres in the Cabinet. f """', Ny - ' F V "C f U ! - Ah - r 1 CtfJIDREN OF JOSHUA AND CATHKRINE PATTKRSOJi HOLD REUNION AT ASHI-AND. ASRUKD, Or.. Oct. 5. (Special.) There was a notable family reunion In Ashland last week, when the Uvlns? chil dren of Joshua. Senior, anil Catherine Patterson, late pioneer residents of this vicinity, comprising- eight sons and two daughters, gathered together for s renewal of family ties. The occasion was celebrated with appropriate accompan iments In the way of social diversion, feasting-, etc.. for a period of several days. The Patterson family crossed the plains by ox team to Oregon from Iowa, and r.rri-ed at Ashland in 1S62. settling a year or two afterward upon a farm cn the east side of Bear Creek, four miles north of Ashland, which place remained In the family until a year ago, when one of the sons. Joshua, who had purchased it and planted a lAirtlon of it to or chard a r umber of years ago, sold It for some $80,000 to an orchard syndicate, who now value it at perhaps twice that sum. Fourteen children were bom to Joshua. Sr.. and Catherine Patterson, three dying In infancy. Of the ten now living, the eldest Is approaching the 70th mMlepost In life's Journey, and the youngest Is -43. The names snd residences of the ten children, all of whom were present at the reunion, are: Ulper row. reading from left to right Mrs. James Thornton. Ashland. Or.; Joseph L. Patterson, Portland. Or.: Lair Patterson. Salinas. Cal.; Joshua Patterson. Talent. Or.; (County Commissioner of Jackson County): Frank Patterson. Lockwood. Cal. Lower row, from left to right John Patterson, the eldest of the children, now residing at Winchester. Cal.; William Patter son of Ashland, for many years superintendent of the city water works here; Sylvester Patterson, of Ashland. ex-Sheriff of this county; Fred Patterson, of Aptos. Cal.; Mrs. George Morris, of Stockton. Cal. BELL COMPANY FOUGHT CORVALIilS SIERCHANTS RE FUSE TO HAVE TELEPHONES. Business Men Take Stock, In, Inde pendent Concern, and Seek to Oust All Opposition. CORVALL.IS, Or., Oct. 5. (Special.) At a meeting of the Retail Merchants' Association tonight the business men took action against the extension of the Pacific Bell Telephone Company in this city and declared in favor of limiting the service to the Independent Telephone Company. After a thorough discussion of the fight now on, the merchants' association ap pointed Messrs. Johnson, Davis and Strange to circulate the following peti tion: "We, the undersigned business men and residents of Corvallls and Benton County, hereby agree not to subscribe for or in stall any telephone in our, places of busi ness except that of the Corvallls Inde pendent Telephone Company, our reason being that the Independent service has proven satisfactory, and the installation of another telephone will unnecessarily increase the expense of the merchant. For this reason we earnestly request all residents to install only the telephone of the Corvallls Independent Company." The petition was circulated this morning and signed by every business man ap proached, the first signature being that of Mayor Virgil E. Watters. This activ ity comes as a result of an attempt of the Bell people to secure a strong foot hold here by placing 300 free phones in the homes and business houses of Cor vallis. As the situation stands today, the Bell company has 50 phones in the city and a heavy toll business. The Indepand ent Company has 1009 phones in Corval lls and 2100 In the county. Praclcally every business man in Corvallls owns one share of stock in the latter company. The Bell people claim that the action of the Merchants' Association tonight Is in the nature of a boycott, and they pro pose to Investigate the legal phase of the question. owned by Dr. 8. O. Bogart, of Los An geles, who bought the lot three years ago from Martin Rosenbaum for $2T,600 and erected a two-story frame building on the property at a cost of J6500. This building now constitutes the sole improvement on the lot. Mr. Rosenbaum in turn bought the property through Mr. Daly in 1905 for $12,500, the property thus having shown an increase In value of over 300 per cent in four years. Last week' a sale was made of a 25-foot lot on Washington, between Eleventh and Twelfth street, by Dooly Bros., the price being J42.500. This property is consider ably closer the city than that sold yes terday through Dr. Daly's office and th prices paid for the two properties art relatively not far different. Salem Now Has Glove Factory. ' SALEM, Or., Oct. 5. (Special.) Glea son & Son, of Seneca, Kan., have moved their glove factory to Salem and the business is now in operation In a com modious new frame structure near the Southern Pacific depot At the present time the concern starts with a payroll of only 16 or 20 people, but expects to increase this number In a 6hort time. GREAT INCREASE SHOWN Upper Washington Property Brings Over $1000 Front Foot. More than J1000 a front foot was paid yesterday for upper Washington-street property, a price showing the great in crease in values in that vicinity. The property is a 53-foot lot located on the south side of Washington street, between Sixteenth and Seventeenth streets, and extending through to Alder street. The consideration named is 554.600. This property was purchased by an Eastern Oregon sheepman, who is said to own S25O.00O worth of Portland real estate, all of which he has purchased during 'the last- three years. The sale was made through the office of E. J. Daly. U was This Fact that in addressing Mrs. Pinkham you are cor fiding your private ills to a woman a woman whose ex perience with women's diseases covers twenty-five years. The present Mrs. Pinkham, daughter-in-law of Lydia E. Pinkham, was for years under her direction, and has ever since her decease continued to advise women. Many women suffer in silence and drift along from bad to worse, knowing well that they ought to have immediate assistance, but a natural modesty causes them to shrink from exposing themselves to the questions and probable examinations of even their family physician. Such ques tioning and examination is unnecessary. Without cost you can consult a woman whose knowledge from actual experience is great. MRS. PINKHAM'S STANDING INVITATION: Women sufferingfrom any form of female weakness are in vited to promptly communicate with Mrs. Pinkham at Lynn, Mass. AH letters are received, opened, read and answered by women. A woman can freely talk of her private illness to a woman ; thus has been established this confidence between Mrs. Pinkham and the women of America which has never been broken. Never has she published a testi monial or used a letter without the written consent of the writer, and never has the company allowed these confi dential letters to get out of their possession, as the hun dreds of thousands of them in their files will attest. Out of the vast volume of experience which Mrs. Pink ham has to draw from, it is more than possible that she has gained the very knowledge needed in your case. She asks nothing in return except your good will, and her advice has helped thousands. Surely any woman, rich or poor, should be glad to take advantage of this generous offer of assistance. Address Mrs. Pinkham, care of Lydia E. Pinkham Medicine Con Lynn, Mass.