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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 20, 1909)
THE 3IORXIXG OREGONIAN, SATURDAY, .'NOVEMBER 20, 1909. 12 PUTERAND WOIvIAN ADMIT FORGERY Falsification of Entries by Which Kribs Party Prof ited Confessed. SCHOOL LANDS INVOLVED Defense Will Contend That Kribs Believed When He Purchased Deeds That They Were Genuine. Frederick A. Kribs. of Portland, again became a defendant before the United States Court yesterday, when District At torney McCovrt begun trial of the. suit to recover title to about 1S0O acres, now a part of the Cascade National Forest. The specific case on trial concerns a school section, alleged to have been taken up by Kribs. S. A. D. Puter and others. It was charged by the attorney for the United States that ' In 1S92 Puter and Kribs entered Into a conspiracy whereby thv hired two men classed as "hobos" to make entry on a school section in what, is now a part of the .National forest. As soon as the entries were m a rt tha nncnirstnrs are said to have gone before the State Land Board of Oregon and satisfied that boay tnat tne state had lost its title to the land, and they applied for scrip which was ex changeable with the Government for other lands. Scrip Exchanged for Land. In the early days of the history of what was then the forest reserves Con gress passed an act allowing any owner of title to land within the boundaries of uch reserves to surrender such land and receive- scrip representing an equal area of land wherever the owner should select the same. It was called indemnity scrip In Oregon the practice grew up in the State Land Office, of selling that class of scrip. In the present case it is charged that Kribs and Puter arranged to buy the scrip issued in lieu of the land which they had procured to be entered. They then used the scrip in the location of other lands which are charged against the State of Oregon as indemnity school lands. It is said that they then went hack to the Government Land Office and. representing themselves as the hobos," Miller and Robinson, as they are known in the evidence, made final proof on the homestead entries and secured patents. Among the witnesses as to the entries were Marie Ware and her father. Com missioner Ware. District Attorney Mc Court alleges that all of the signatures to the papers of final proof were forged by Marie Ware and Horace G. McKinley. Three Witnesses Confess. Among the witnesses yesterday were a A. D. Puter. Horace McKinley and Marie Ware, now the wife of McKinley. All confessed their part In the conspiracy as to the homestead entries on the school lands granted by Congress. It is alleged that Kribs and Puter forged deeds to the school land after the patents were Issued by the Govern ment In the names of Miller and Robin son, and that these papers were used again to defraud the Government. It is understood that Kribs will deny entering into any conspiracy with Puter to obtain possession of the school lands In the first instance, and will assert that when he purchased the deed of Miller and Robinson he thought they, were genuine. Mrs. Marie Ware McKftiley testified that she forged the signatures to the various Government papers in the cae. It is understood in Government circles that Kribs represented large timber own ers In Minnesota in his operations in this Hate, but every effort to get service upon them has failed. Even if the Gov ernment should succeed in reverting the lands to the National domain it will be unable to sustain a criminal prosecution because of the Intervention of the statute of limitations. The State of Oregon has no interest in the case, as the alleged conspirators re ceived the Indemnity scrip after paying the etate, rn full at the acreage price fixed by the Land Board. FIFTEEN DENTISTS PASS fierei-Annual Examinations Con cluded at North Pacific College. The State Board of Dental Exainers concluded Its semi-annual examinations yesterday at the North Pacific College, where, it has been in session since Mon- ' day. Fifteen candidates qualified and will be permitted to practice dentistry in Ore gon. Most of the applicants were practi tioners in the Middle West states previous to their comine to the Coast and taking 'up fruit ranches in Oregon. The Stare Board of Dental Examiners composed of the following: President, Dr. A B Efson. The Dalles; secretary. Dr H. H Olinger. Palem: Pr. Mark Hayter. Dallas: Dr. F. Vaughan, As- toria: Dr. J. M. Yates. Portland. The rxt semi-annual meeting will be held in Portland in June. The successful candi dates are: F. H. Johnson. R. L Tower, D. M Field. R. H. Hosklns. A. Laidlaw. . A. ' W. Downey, F. Westerield. S. P. Johnson. D. C. Brett. El L. Scobee, W. M Vanscoyoc, W. E. Moxlev. C. W. (McKenna, J. S. Ijyon. L. L. DuBoIs. COMPANY IS NOT BLAMED Coroner's Jury Holds Death of Brad ford Calif f Wm Accidental. OREGON CITT, Or.. Nov. 19 .-(Special.) At the inquest by Coroner Holman into the death of Bradford S. Califf, who was killed yesterday afternoon while work ing at the Willamette Pulp A Paper C0."s mill on the West Side, the verdict was accident, and no blame was attached to the company. Califf's neck and left leg were broken. Califf was a member of the Oregon City football team last year. The funeral will be held on Sunday afternoon, when a brother will arrive from Klondyke. Or., and a sister from San Francisco. Wood men will have charge of the services at the grave, assisted by the Foresters and the Hook and Ladder Company, of which Califf was a member. FUND FOR EXPERT GROWS Amount Increased to $12,150 With out Further Solicitation. Funds for'employlnjr an expert to pre pare plans for beautifying Portland are practically assured and nothing now re mains to hinder the project. This as surance was given yesterday by J. C. Alnsworth, chairman of the finance com mittee, appointed to collect the necessary funds. While nothing was done yesterday In the way of soliciting subscriptions, the following donations raised the total to JI2.150. which is three-fifths of the amount required: Oskar Huber. for the Barber Asphalt Pavement Company, sow; Martin Winch. 1100: McNaughton, Raymond & Lawrence, architects, iioo. The money thus far obtained has been donated with but little effort on the part of the soliciting committee. This com mittee was Increased yesterday at a meeting of the finance committee by the following: Charles Swlgert, r. J. K. Wetherbee, D. C. O'Reilly and Russell Hawkins. Additions to the committee were made necessary y the lack of time some of the original members of the com mittee could devote to the work. It is planned to make the work of the com mittee systematic In the future, and each member will have a list of persons upon whom he will call. It was stated last night that by next Wednesday night the necessary funds are expected to be in hand. FAULT LAID TO SYSTEM CLARKE'S ESTIMATES RIGHT, SAYS C. F. SWIGERT. Contractors Do Not Bid on Jobs Be . cause Their Pay Is Uncertain Under Assessment Plan. "I do not believe D. D. Clarke, chief engineer of the Water Board, is as black as he has been painted," said C. F. Swi gert, president of the Pacific Bridge Com pany, yesterday. "In fact, I know he is blamed for things for which the system under which he is compelled to work is responsible. "He" has been accused o"f estimating Jobs so low that no contractor will bid on them. The real difficulty, in my opinion, is- not so much low estimates as the manner of payment for the work. We have seven water pipe contracts, taken at practically the erineer' esti mate, and would be glad to have more at the same price if we, tn common with other contractors, did not fear our pay ment would be long delayed and that we were only likely to be subjected to ex pensive litigation. "In addition to the completed work here I have figured on a number of other Jobs, and while X do not think Engineer Clarke intends the contractor to make any exorbitant profits. I must say the prices are very fair if there were any cer tainty of the assessments' being Vromptly paid. In only a single Instance could I find any fault with the estimate, and that was due to an error. "If the people were to give the Water Board authority to return to the old system and pay cash for Its work, there would be no lack of bids and very little fault found with the estimates. We have built several water systems at lower prices than allowed by the engineer's estimates, but we got our pay on monthly estimates as the work progressed, which is an important detail in contracting work. "It should be remembered that a water main contract is over 80 per cent pipe and other material that can be bought as cheaply by the city as by the con tractor, and the engineer does not allow as great a profit on material bought in the open market, on which the contractor does no work and takes no risk, as he would on work composed largely of la bor, where the element of risk and un certainty Is much greater. If we could go. back to the old system. Two Subjects He Will. Discuss Portiand First, Then the Stage Paul Everton, of "The Third Degree," at the Bungalow, Here Ten Years Ago With Edna Wallace Hopper. Makes First "Straight Visit" Now "Avoid Footlights," His Ad vice to the Ambitions. IT IS no easy tasK to get rui nvenon, of "The Third Dejree." now playing; at the Bungalow, to enter into conver sation concerning himself. There are it seems, only two topics on which he will open up. One of them is Portland. Tbia place is great. he said yester day. "I've been coming here for several years: ten years ago waj my first visit. J was then with Edna Wallace Hopper in The C"ountrv Mouse" and we played st the old Marquara Theater. But this to my first straight visit. So far as 1 can cbn-. Portland has more than kept stride In the Marathon pace, for advance ment. The place grow? Immenrely be tween my visit". I only hope I may play here some day at the head of my own company, snd. incidentally from present indications that day may not be far distant-After 30 years' work, during which Mr. Everton has played leads and characters, he has decided that the latter is parti cularly hls work. In discussing the relative merits of the two plays tn which Portlandens have seen him in recent years, Mr. Everton said: "As an acting proposition I prefer the character of John Ryder in "The Lion and the Mouse. " but the audience In variably likes much better the lawyer Brewster, In "The Third Degree." The veragenlooker never stops to consider the actor it's his role. Tou might ask 20 people and they will tell you they pre fer the character of Brewster ask the actor and he will sy Ryder. "The pleasant features of the former role have a certain bearing; the role is that of a brusque, bluff lawyer, who is persuaded to give in and assist a girl whom the audience wants him to assist. It's rather as If the audience scores a personal triumph." Mr. Everton ie 40 and doesn't look SO. His face Is full and unwrinkled. there are only a few gray hairs at his temples, and his skin is so healthy and ruddy that you can almost see the red blood pound ing under its surface. His carriage is decidedly military, and his wide-open gray eyes are as penetrating and search ing in their glance as if he were in truth Lawyer Brewster. "If T had my life to live over again I'd be a civil engineer. I think, or. in fact, any old Job that would guarantee a 62 week stipend, instead of an uncertain 30 or perhaps 40 weeks that an actor may look forward to. I do not want to rap the stage, but I do want to discourage the fools. Everyone, no matter who or where or what he Is. at sometime hankers foe the footlights. If foolish they go to it, if wise they stay away. I do not say thia in detriment of the stage, but rather,- I speak of its instability. One-third of ingenuity applied to any other business or profession would return 75 per. cent better results." The one other subject Mr. Everton will d I scum with vigor is the seeming preju dice in favor of original companies, as serting that the organizations sent out here were as good as the originals. "When good plays, and good perform ers are well received and encouraged like our company has been in Portland." he said. "It's an inspiration to the managers to send out high-class players. "While It is true that the average. I may say. popular mind, thinks it is only the actor win creates a leading part that ESA IffACTU. BET. MORRISON AND $20 Nice Black Raincoats to go at $6.75 $25 Overcoats to go at $9-50 $40 and $50 Mens' Suits to go at $18.50 $25 and $18 and 9 Q Six to "sixteen years old, reg. $5 (t QO JjOyS JjUltS ahd $6 Boys' . Knickerbocker Suits plr O Regular $7 to $10 Boy's Suits $3.50 i a U T7 T7 T7 SELLING THIS STOCK which prevailed before the last adminis tration, whereby water improvements were paid" for out of the general fund instead of by assessment on the abutting propertv-owners. this complaint on the estimates of the Water Board's engineer would soon cease and there would be plenty of bidders for any Job ortereq. is worth while, still It is true that, in many instances, the road actor gives a better portrayal than the actor who made the part, originally. They realize and the manager realizes that more, much more, is expected of them. No actor likes to play any role year in and year out. I grew so tired and sick of Ryder in "The Lion and the Mouse" after I had played it constantly, every day, and sometimes twice daily, for two years, that I wel comed the change to Brewster. I wouldn't even like to play the latter role too long. It cannot help becoming mechanical after a certain time. It is equally true' of original roles, and the actors who create them. "No actor could play the same role year after year and stand still. They must either retard or advance, and if they give their best, they cannot keep it ud for several years. It's a well-known fact that Shakespearean actors and others who portray the same roles years in suc cession, grow mechanical, many of them having to be rehearsing constantly, and listening word for word for their cue. So. if the Coast gets companies that are Just s good as the original, what's the dif fe rente ft . b f ' i $: J H i yj ; A VCV ; i ' : ' ; t : it t ; - i . .. j "mi a r- -"rr-twMiMteil-..j j 4 Paul Everton, In "The Third 1 j Decree." - ....' MS' OUTLET . $30 Snits to go at $9.95 $2 0 Suits to go at $ 7. 5 0 S?"" BTTTT 169 i STREET IN 1869 Lewis Russell Says Morrison Was Road. ONE EASEMENT WAS GIVEN Contention Offered That City'a Action in Case of Sewer Proves It HUB No Title to Thorough! a re. Lewis Russell, of the firm of Russell A Blyth. one of the owners of the prop erty condemned for the extension of Mor rison street, said yesterday that there was nothing in the recent discussion about the street having been opened in 1S69. "As a matter of fact." said he. "there was no Washington street in 1869. that thoroughfare being called the Barnes road, and under the Jurisdiction of the county. The city limits in those days went only as far as Fourteenth street, which is now called Chapman street. So if the Council put through a resolution to open Morrison street to Washington street it was entirely beyond its Juris diction and the procedlngs were utterly void. Sewer Easement Given. T have not examined the records, but I think it is likely that these proceedings opened one street to Fourteenth street now called Chapman street. As a further evidence' that this street was never opened beyond Chapman street, the city when it wanted to put through the Tawner Creek sewer. In went to A N. King, the owner at that time, and seemed a deed from him and the Fair Association for a right of way for the sewer. It. was stipulated in the deed that the sewer was to be put south of the Exposition building. It does not seem likely that the city would go to the trouble of getting a deed for a right of way through property that 'belonged to the people. "As a further knock-out to the conten tion, the Circuit Court, in November. 1SS9, In a decree rendered in the suit of A. N. King against T. R. Brlgham. et a!., for a settlement of the boundary line be tween the different owners in that vicin ity, held among other things: .'It is con sidered and decreed that Morrison street in the City of Portland does not extend further west than the west line of Fourteenth street in said city." Four teenth sjtree is now called Chapman street. Adverse Possession Complete. "Even if- the street was put through 40 vears ago. the present owners of the property have an undisputed title by adverse possession. It is true the Leg islature passed a law declaring that adverse possession would not lie. against cities, -but the present owners had ad verse possession long before this law was passed andany law student would know that this law would not appjy in this case. "The bringing up of this question at this time has no doubt been caused by the as sessment for the opening of the street by owners of property on the east end of Morrison who are dissatisfied with the amounts which they will have to pay. Some of the largest property owners are anxious for the street to be put through. and are quite willing to pay the assesaments against their property. but the present agitation will delay mat ters a considerable time. . "The owner of the property condemned j YAMHILL FOURTH STREET have been represented in the newspapers as being opposed to the opening of the street on the basis of the viewers report but this is a mistake. Not a single protest has been made by them. Some .of the owners would much prefer not 'to have the street go through, hut they are public spirited enough to acquiesce in the movement. AXCIEXT DOCUMENT DUG UP Assistant sChy Attorney Thinks It Strengthens Morrison Street Case. Records at the City Hall disclose a new feature of the Morrison-street proposed extension, pending in the Council, which has encouraged the City Attorney. Tend ing to strengthen the contention that the street, from Fourteenh to Washington, was dedicated in 1S69 is the remonstrance filed against the construction of the Ex position building in the street in 18SS. The Judiciary committee, then composed of Councilmen Woodard and Gerdes. con sidered the lengthy remonstrance and recommended that it be overruled. This report was adopted. ' According to Assistant City Attorney Grant, who has been looking Into the case, this strengthens the city's case, and in his opinion, on the face of the records, the Council has but to order the improve ment of the street without payment of any damages. City Attorney Kavanaugh, however, Is still engaged In compiling his statement, which is to be given to the street committee at an early date. The fact that the Council In is$8 granted permission to the Exposition building projectors to erect that structure in Morrison street is said to show that the city had control, and that the street must have been dedicated prior to that time. This, together with the record which shows that condemnation proceed ings were started in 1S69, is taken by the municipal authorities to prove that the street is dedicated and under control of the city. If this is the case. It is said, and adverse possession has not run suf ficiently long to give to the present owners a clear title to what they have long supposed to be their property, all the city has to do is to proceed In the usual way to open the street. At the meeting of the street committee of the Council yesterday afternoon all. of the papers in the case were ordered sent to the City Attorney for his guidance. The street committee. ' upon recom mendation of Councilman Ellis, of the , Tenth Ward, adopted a report that the city do not take over Portland and Wil lamette boulevards as city streets. City Engineer Morris was asked for his views, and replied that he had not changed his opinion, which was that the boulevards should be taken over by the city and Improved, and that they should not be retained by the county and not Improved. The opposition to the taking over of them, however,, was so strong that Mr. Ellis would not recommend it. A arterial meeting nf the enmmiffee viM be held next Tuesday at 2 P. M. for the purpose of considering the proposal to take over Macadam road as a city 6treet. the proposed extension of Hancock street and other matters that must be acted upon Foon. Denver-Washington Game Off. SEATTLE. Wash.. Nov. 19.-The ath letic board of control of the University of Washington tonight decided not to accept the challenge of Denver University for a football game to be played here Decem ber 11. Forced Into Exile. Wm. Upchurch of Glen Oak. Okla.. was an exile from home. Mountain air, he thought, would cure a frightful lung racking cough that had defied all reme dies for two years. After six months he returned, death dogging his steps. "Then I began to use Dr. King's New Discovery," he writes, "and after -taking six bottles I am as well as ever." It saves thousands yearly from desrjerata lung diseases. Infallible for Coughs ' ana LOias. it aisneis Hoarseness and Sore Throat. Cures Grip. Bronchitis. Hemorrhages, Asthma, Croup, Whooping i.ougn. ouc ana i.uv. trial DOIU6 tree, guaranteed by oil druggists. F. J. Richardson, Pres. Centrally Located Modern Imperial Hotel Headquarters-;" There's a Reason" Seventh and Washington PhiL Metschan & Son. Props. long Distance Phone Rates $1.00, $1.50, $2.00 la Every Room. THE PORTLAND PCRTLANO, OR. EUROPEAN FLAM MODEM RESTAURANT COST OCCB HOTEL OREGON CORNER SEVENTH AND STARK STREETS Portland's New and Modern Hotel. Rates $1 per Day and Dp EUROPEAN PLAN WRIGHT Nortonia Hotel ELEVENTH, OFF WASHINGTON ST. BEAUTIFUL GRILL ROOM European I'laa Rates to Families Oar Bos Meets All Trains Simple SuMos with Baths for Commercial TraTCten. MODERN COMFORTS MODERATE B 0. W. CORNELIUS, THE NEW SEWARD Corner 10th and Alder The leading hotel of Portland, opened July 1909. Modern In every detail, furnished U elegance. Most beautiful corner lobby In Northwest. Commodious sample rooms. European plan. Rates $1.50 and up. 'Bus meets all trains. TV. M. SEWARD, Prop. few Newly Furnished Throughout. Private tuns. f'i f -iW 12 HOURS TO SP OKAN Spokane, Portland & Seattle Ry. "THE NORTH BANK ROAD" THE SHORT LfNE SCENIC COLUMBIA RIVER ROUTE TWO TRAINS DAILY Lv. Portland . Ar. Spokane . Standard and Tourist Sleeperi, Obsrvatioo Cars, First-Class Coaches THROUGH SLEEPING CARS TO ST. PAUL, CHICAGO. OMAHA DIRECT CONNECTION for Denver. Kansas City. St. Louis TICKET Cor. Third and Morrison Streets. , PASSENGER STATION NEW PERKINS Fifth and Washington Sts. Opened June. 1908. A hotel in the very heart of Portland's business ac tlvity. Only hotel equipped with wireless telegraph. Every convenience for comfort of commercial men. Modern in every respect. Rates tl. 00 and up. Cafe and grill: musio during lunch, dinner and after theater. Jj. Q. Swetland, See. Improvements HKADQtTARTRS FOR TOl'RISThi "4 COMMEKTIAI. TRAVELERS. Special rate mate to families ud aln gle g-MUtoimn. Tbe manaffttmeDt wtll.be plewMd at all time to sbcnv rooms ud giro prtcw. A mod era Turkish Bath mtabilaanient fa Um hotel. H. C. BOWERS, Muifar. DICKINSON HOTEL CO, Props. i4 BECK PRICES THE CORNELIUS "The House, of Welcome," corner Park and Alder. Portland's newest and most modern hotel. European plan. Single, $1.50 and up. Double, $2.00 and up. Our omnibus meets all trains. v H. E. FLETCHER, Proprietor. Manager. HOTEL RAMAPO Corner Fourteenth and Washington New Hotel, Elegantly Furnished Rates, $1.00 and Up Special Rates for Perrnanents European Flan. "Bui Meet All Trains. M. E. rOI.FT, PROPRIETOR. .HOTEL LENOX CORNER THIRD AND MAIN STS. European Plan Rates $1, $1.50, $2 Pnones In every room. HOTEL COLUMBIA Vancouver. Wash, Under New Management. MODERN" COMFORTS MODERATE PRICES &end Tour Friends Here, the Best Is None to Good for Them. EUROPEAN PLAN. First-Class Bar and Cafe in Connection. Free Bus Meets All Trains. MRS. SRETHXA S. THELPS, Proprietress 1 Phone Main A21. E . 9:00 A. M. . 9:00 P. M. 7:00 P. M. 7:OQ A.M. OFFICES 122 Third Street. 100 Third Street Eleventh and Hoyt Streets