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.
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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.