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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 30, 1909)
10 . the aroRyiyg OKEGoyiAN, Tuesday, November 30, ioo9. . NOVEMBER ONE OF El Rainfall to Date Amounts to 12.44 Inches, Exceeded Only Tbree Times. HARD WIND DOES DAMAGE Barn Wrecked. Wagon Overturned on Bridge, Shed Blown Onto Ve hicle, Many Wires Go Down. Willamette Steadily. Falling. Rainfall for the present month amounts so far to 12.14 Inrhes, making it on of the wettest months on r.-cord. Only three times since the establishment of the "Weather Bureau has the rainfall for November exceeded that of this month. These were in 1S75, 1ST? and 1K"6. As was predicted Sunday, the storm blew In from the coast yesterday morning and wind and rain held hish carnival over the Northwest. Wire service was destroyed and for a time no reports were received. At North Head the wind at tained a velocity of M miles an hour, while at Portland the maximum was 40 miles. The storm appears to have moved inland and clearing conditions are ex- - pected today. The winds will shift to the westward and will moderate greatly. Advices received at the Merchants' Ex change last night state that the steam ships Alliance and Asuncion were still anchored at Fort Stevens, awaiting a smoother bar. but confirming the report that the steamship Kansas City had proceeded to sea Sunday. The steam schooner Cascade crossed In at 4 o'clock yesterday afternoon and at that time it was reported the wind had moderated to 20 miles an hour. The crew of the .wrecked steamship Argo is still on board the lightship. The steamship Rose City, from San Francisco, crossed in at 3 o'clock. Willamette Still Tailing. During the 24 hours ending at 5 o'clock yesterday afternoon the precipitation in Portland was .79 of an inch. The greater portion of the rain fell between 11 A. M. and a P. M. For three hours there was a steady downpour. The river conditions were not changed however, and the Wil lamette continues to fall steadily at all points. Preceding the rain was a period of heavy gales. Several roofs were lifted and wagons were overturned. Headgear of all sizes, shapes and descriptions went on a wild rampage along the streets. High winds partially wrecked the stable and feed barn of the Acme Mill ing Company, at Lewis street and Kallroad avenue. Lower Albina, early yesterday morning, seriously injuring Lewis Gard. stableman, 21 years old, and causing damages estimated at $3u0. The stable, which la an old frame building one story high, containing 12 stalls, was in a more or less dilapidated condition before the wind storm. A gale of wind lifted the roof from its stanchions and a part fell through, burying Gard underneath. J. Noble, of 135S Greeley street, another em ploye of the milling company, was struck by flying timbers, but was not seriously hurt. Man Burled In Ruins. The partial wreck of the building brought Patrolmen Gill and Gould, who had been close by in the vicinity be fore the accident occurred. Assisted by Noble, they extricated Gard from underneath a heavy rafter and called an ambulance. The injured man was removed to his room fn the Brendle building, at Russell and Delay streets, where he was attended by a physician. He will recover. None of the horses in the stable was hurt. Later In the forenoon a large gal vanized iron chimney on the roof of the Taylor-Street Methodist Church, corner of Third and Taylor streets, was blown from its fastenings and hung over the edge of the roof by one slen der wire, endangering the lives of passers-by. Firemen were summoned, and. by the use of a long extension ladder, the dangerous obstacle was re moved. About noon a galvanized Iron cornice was blown from the front of the saloon at 2S3 Alder street. An express wagon with a covered top was overturned on the Morrison street bridge and delayed traffic a few minutes. The driver and his team es caped without injury. R. C. Young, employed as a city salesman by the Vnion Meat Company, was seriously injured and the wagon In which he was riding entirely demol ished about 9:S0 yesterday morningf at the corner of Fast Tenth and Divi sion streets. As the wagon turned on Division street a strong gust of wind caught a shed at the rear of the Boehi & Webster building, overturning it and pinning the vehicle, occupant and horse beneath the debris. Electric Wires Blown Down. A number of electric wires were Mown down at Russell and Flint - streets, and an electric light pole at East Twentietli and East Powell streets was Mown over, striking against the Powell drugstore as it fell. No dam age resulted. Reports of many telephone and light poles being blown down were received, and the Portland Railway. Light & . Power Company had a large force' of men at work repairing the damage. Streetcar traffic was delayed only a trine. The gale delayed traffic between Portland and Vancouver somewhat, as the ferry had a hard time in making trips to the Oregon shore in the teeth of the storm. Landings were made with great difficulty. Oregon City Fears Trouble. Although the Willamette River is steadily falling at Portland, at Oregon City more trouble is feared through the high water in the Clackamas, which empties Into the Willamette below Ore gon City. Report from Cazadero are to the effect that the smaller stream is still rising. If much volume comes down, the water In the Willamette will back up to where it has been before. The water in the lower river was at a stand still all day yesterday, but the upper river fell slightly. The locks were opened long enough to pass the steamer N. R. Lang and were then closed again. During the month the precipitation at Oregon City has been 17.50 Inches, 3.05 inches greater than the corresponding time last year. Reports reach Salem to the effect that the farmers are the heaviest losers In the high water of last week. Thousands of dollars worth of property were swept away, including hundreds of cords of wood and hundreds of cattle. Crops stored in warehouses along low lands were also damaged. In the Fairfield and Mission Bottom districts reports of heav iest losses are heard. take Lablsh Trestle Critical. At Lake Lablsh the critical condition of the Southern Taclflc trestle remains the same. On each side of the right of way the ground has bulged up to a WETTEST MONTHS height of five or six feet because of the sand and gravel that has been dumped in. A heavy piledriver Is on the way that will sink pile to a depth of 60 feet, where It is hoped hardpan will be struck. The track for a distance of 200 feet Is resting on timbers, and as the roadbed settles, additional timbers are placed. At Dayton heavy rains have put many telephones out of commission and busi ness is badly interrupted. High water in the Sandy River has carried out the Howard bridge on the Marmot road, north of Welch's Hotel. Salmon River has been 8 feet above high water mark at Welch's, and flooding the campground has moved some of the Sum mer homes from their foundations. Ait that prevented these buildings from being swept away was the trees. Much lumber belonging to Henry Lang, stacked on the campground to be used in the erection of Summer cottages, was washed away. The bridge across the Salmon River at Welch's, at last reports was safe, being six feet above the water. OLD CASE CLEARED AWAY Government Wins Suit Brought by Arthur C. Emmons. The case of Arthur C. Emmons against the United States yesterday was decided by Judge Wolverton In favor of the Gov ernment, after 20 years of slumber among the musty records of the United States Court. Judge Wolverton was tho fourth Federal appointee to give the matter at tention. Originally filed before Judge Deary. In 1SS9. the controversy was passed on by Judge Hanford. now In the Washington division of the Federal Courts, and later by the late Judge Boll inger. In the earlv eighties, Emmons pur chased the right of certain people to complete timber entries in Oregon. The record is so old their given names are no longer used by the court, but they are designated as Graham. Jones and Stein hord. After an investigation the patents t' the lands were refused and Emmons sued the Government to recover tho amounts advanced in final payments. It Is said he proceeded under the old theory that the acceptance of the money by the Government ereated an obligation to de liver or return the amount paid. Judge Wolverton, in common with his predecessors, . held that the statute pro viding for a forfeiture of the money as well as a prosecution of the persons who gave perjured testimony as to final proof was still in effect, and sustained the Government's demurrer to the complaint. In recent years the right to sue the United States has been talten from tho citizen and a court of claims substituted. When the decision was announced yes terday, many lawyers in the courtroom were astounded to learn that r.;ieh a case was still on the docket of Oregon. INDIAN MUST STAND TRIAL Umatilla Red, Eloper, Charged With Tlieft of Horses. Stealing away with an affinity, as well as a team of horses and a buggy belong ing to the woman's husband, is said to have been the immediate cause of the downfall of a red chief known to the Federal authorities as Frank Johnson, and residing at Umatilla. Johnson is charged with stealing the horses. It is recited in the complaint that the defendant eloped from Umatilla with the wife of D. T. Meatt, but upon arriv ing at Adams the couple found themselves in need of money and sold the team. Johnson will be tried on December 13. Portland 3Ian Fined for Contempt. Adolph Sampson was haled before the United States Court yesterday and fined $10 for contempt. It appears that the Department of the Interior Issued a sum mons for Mr. Sampson to appear before Walter El Tooze at Dallas on June 4 to give evidence In a case. Sampson de manded his fees in advance, but there was no money to meet that contingency and Sampson .refused to attend the hear ing. The court held the excuse to be Insufficient CLERK STEALS SILVERWARE Department Store Employe Attrib utes Downfall to Fast Living. V T 1 .1 1 111. i ' J - . - lice Saturday night and held on the charge of being drunk, wui do rearrested today in Jail upon the charge of larceny in a store. Griffin, according to evi dence obtained yesterday afternoon, is guilty of stealing a quantity of valuable wares from the silverware department of Olds. Wortman & King, where he has been employed as & clerk. Griffin Is scarcely more than 21 years old. without family here, and has been In the city but a few months. He has been living in a lodging-house at Third and Yamhill. Two months ago he ap plied for a position at Olds, Wortman & King and was assigned to the silverware department. Just after he went to work artlclea began to be missed. The case was reported to the police and investigation was made by Detective Joe Day. who made the arrest and re covered part of the stolen property. The detective found trace of a large quantity of silverware which had been sold and shipped to Tacoma. which the police are now trying to recover. Griffin, who confessed to the petty .- Avniainn ! fall hecausa of hia fast companions and drink. The full amount of his metis win pruoauiy reacn $250. SCOTS CELEBRATE TODAY Feast of Highlands' Patron Saint Andrew to Be Honored. Scottish residents of Portland and vicin ity will meet tonight at the Commercial Club to honor their patron, St. Andrew, whose feast Us celebrated today. The following programme has been arranged to be given after the banquet: i-u bv Ales Garvin, retiring presi- dcr.t Installation of officers. Remarks by K K Barker, president-elect. Jon(t, "Mc greBors' (lathering- by J- A. Epplng. "The Land We Left." by Robert Livingstone. Hanplpe selections, by Piper Major J. H. Mc Donald. Sor.K, "Scots Wha Hae." by F. T. Crowther -The Land We Live In." by John A Patorsnn. Song. VMary o- Argyle." by Dr. George Alnslle. "A Ithers See Us." by Wallace McC'amant. Song "Gae Bring to M a Pint o- Wine, by J- A. Epplng. "Our Patron Saint." by J. B. Melkle. Song. "My Heart's in the Highlands." by Dr. George Alnlie "Our Citv." by Thomas G. Greene. Song. "Jess Marfarlane." by F. T. Crowther. "St. Andrew s Society of Oregon," by A. H. Blrrell. "Auld Lang Syne." Marriage Licenses. WILSON-JEWELL James Wilson. 80 city: Eva Jewell. 40. city. AMME-HATFIELI Edwin O. Amme. over 21. citv: Eva A. Hatneld, over IS. city. DOYLE-MIDDI. ETON Charles E. Doyle. S2, citv; Edna Miildleton. 24. . city. MARSHALL-BERRY George Marshall, 20 citv; May Berry. 20. city. NUSBAV M-PIERCE John M. N'usbaum. "8 city; Mvrtle M. Pierce. 24. city. RUEPPELL-Bt'XTON Raymond A. Ruep pell 2fl. citv: Florence Buxton. 20. city. LINDHOLM-TORMELA Victor Llnd holm 29, city: Hanna Tormela. 23, city. WEXDORS-DICKOVER William August Wendors. 42. Underwood, Wash.; Helen Lula Elckover. 2S, city. Wedding and visiting cards. W. r. Smith Ic Co., Washington bldg., 4th and Wash. Los Angeles. Nov. 20 Arrived Steamer Geo. W. Elder, from Portland: British steamer Claverly. from Antwerp: steam schooner Lucy Keff. from Grays Harbor. Sailed Steam schooner. Caltrano. for Grays Harbor; steam schooner Grays Har bor. Aberdeen. WIN! mi Judge Bean Denies Injunction in Siletz Case. DEPARTMENT IS UPHELD Jndlelal Power of Secretary of In terior Is Sustained by Decision In Federal Conrt Plaintifr Will Continue Fight. Squatters on the Siletz Indian res ervation and on lands which have been withdrawn from entry won the first victory in the United States Federal Court yesterday morning, when Judge Bean declined to issue the temporary injunction asked for by Attorney Laf ferty in the case of A. B. Lawton and Chester V. Hare, restraining Mrs. Will iam Blrken field and August Birken tield from trespassing upon lands which the plaintiffs had entered in tjie local land ofiice for Lincoln County in 1902, and upon which commutation proofs had been submitted 14 months later. After final proofs were made, tine Government suspended the entries, and later sent a special agent to make an examination. He reported against the tilings, asserting the ap plicants had not lived' upon and im proved the lands as required by law. Kinal decision of the controversy has not been made by the Department' of the Interior. Rirkenfields Go Onto Lands. When It became noised abroad that the entries of Lawton and Hare were being contested by the Government, It la alleged the Birkentlelds went upon the land as squatters, and have since resided there, hoping they would ac quire the preference right of entry in case the original entries were rejected. Judge Bean held in effect that the injunctive proceeding was an extraor dinary remedy, to be applied only when the rights of property were being in vaded. In the case at bar, the court could not feel convinced it should in tervene, for the reason that a final de cision of the claims of Lawton and Hare was a part of the judicial power of the Department of the Interior. No final decision of the case having been rendered, it was not clear to the court that the plaintiffs would be sustained in their original entry. "It is not a matter in which a court of equity should interfere," said the court. Decision Is Important. This decision Is regarded as of ut most importance, for it places the Fed eral Court of Oregon on record as sup porting the judiclar power of the Inte rior Department in the determination of many of the land-title questions now pending in the state. The case was submitted as a test of the standing of the various claimants, as well as the right of the Interior Department to de termine questions as to right of entry. If the applications of Lawton and Hare are finally turned down by the Secretary of the Interior, then the squat ters will have the prior right of entry. In the past the Government has given the preference right of entry to squat ters on land In unsurveyed townships of the public domain, but the question as to a preference being awarded to squatters on lands withdrawn by order of the Secretary and later restored to filing, has never been determined by a court of the Federal Government There are from 150 to 200 such squat ters In the Siletz reservation whose rights are affected by the controversy. Many of the claims they occupy are extremely valuable, those of Lawton and Hare being appraised at $4500. Sale of Relinquishment Suggested. It appears that If the squatters were out of the way then nothing- would exist to prevent the holders of the suspended entries from selling relinquishments. The purchasers of these relinquishments would, in effect, go upon vacant land, for the relinquishment would mean an abandonment of the rights claimed ,by the original entrymen. "One of the strong points of the bill for an injunction." said J. 0"B Scobey. last night, of Moulton & Scobey, who appeared for the Birkenflelds. "was that the entries of the plaintiffs were In danger of cancellation by the Secretary of the Interior, and If the defendant squatters were permitted to remain on the lands the latter would have the first right of entry In the event of such can cellation. Thus the former entrymen would be deprived from selling their re linquishments. Judge Bean held that no ground was presented' that would war rant the court in thus aiding an entry man who had failed to comply with the law to speculate upon his entry by the sale of his relinquishment." Plaintiffs to Keep Vp Fight, A. W. Lafferty, counsel for the plain tiffs, was seen hist night and expressed the strongest disapproval of the theory of law outlined In the decision. "This case was up on a preliminary morion," said Mr. Lafferty. "It will be heard two weeks hence on its merits, and I shall contend for a permanent Injunction against the Birkenflelds. "Hare and Lawton went on the two claims In good faith, resided there 14 months and each of them cleared land, put out orchard and 'cleared land. With trails and road work their improvements are easily worth tSOO each. Those im provements have been appropriated by the squatters. "My clients were the original entrymen ahd I contend that they are entitled to possession of the land until such time as the Department of the Interior Bhall can cel their entries, which has riot yet been done, and may never be done. It should be borne in mind that the man on the sround, as a settler, becomes the favored applicant for entry the moment that a cancellation of the Hare and Lawton entries Is made, and that person will have the benefit of the Improvements made by Hare and Lawton. My clients are trying to preserve their rights, first un der their original entries, and second in establishing a preference right to reflle in case of cancellation." $7500 ASKED FOR HIS LIFE Administratrix, Sues Shaver Trans portation Co. for Fatality. Katherine W. Pope, as administratrix of the estate of John Joseph Lee, yester day began suit in the United States Court for the recovery of 7500 from the Shaver Transportation Company, owners of the steamboat M. F. Henderson, because of the death of Lee. She asserted his death was due to carelessness and disobedience of signals long In use on the Willamette. Lee was employed February 12, 1908, as foreman of the floating piledriver work ing at the North Bank 'bridge and was standing on a ladder which leaned aeainst one of, the piles. The Henderson came up the river at full speed. It is said, and when within hearing distance the pile driver engineer signaled the craft to slow up to avoid creating a heavy swell. It Is alleged no attention was paid to the warning and "the boat failed to abate SQUATTER Hi We're loaded to the neck with the finest variety of New Fall Hats. We've gone the limit: from $1.50 to $5, from soft to hard, from outing caps to silk hats, from black to all the novel shades. LION CLOTHIERS 166-170 THIRD ST. her speed. When the steamer, avers the complaint, passed the piledriver, the swell hurled the ladder on which Lee stood to the deck and injured him to such an extent that he died vthe next morning. MYTHS ARE DISPOSED OF COURT DECIDES AGAINST PI TER'S DUMMY ENTRYMEN". Judge Bean's Ruling Second Big Vic tory for Government in Recover ing Lands Mixed in Deals. Three myths linked with a flesh-and-blood man were ruled against yesterday in the United States Court in a decision handed down by Judge -Bean. The case was that of the Government against G. B. McLeod, James E. Warwick, W. H. Watkins and Samuel I Carson, all but the first named being fictitious timber land entrymen foisted on McLeod by the Puter crowd. McLeod has now no recourse at law except to bring suit against the guar antors who executed the "fake" timber land deal, and they, say the Puter-Mc-Kinley combination are forgeries. When Judge Bean decided against Mc Leod, Warwick. Watkins and Carson, the Government won Its second great vic tory in the campaign for the recovery of lands said to have been acquired from the Department of the Interior by un lawful means.' Judge Bean held that no title to land could pass from the United States when "dummy entrymen" or persons not ac tually appearing before the Commis sioners of the Government, were used in making the final proofs. In the case at issue, S. A. D. Puter and Horace G. McKlnley went to Lane County and consummated a deal with Marie L. Ware, since .married to McKln ley, whereby filings were made on tim ber lands in the names of James E. Warwick, W. H. Watkins and Samuel L. Carson. "The testimony in this case shows that no such persons as Warwick, Wat kins and Carson ever existed," said Judge Bean "and that through the Influ ence of Puter and McKlnley, Miss Ware was Induced to certify to the original entries as well as the final proofs." McLeod, appeared In the case as an Innocent purchaser and was able to show that a correct abstract of title was exhibited to him, showing a continuous chain of title from the original entrymen. The foregoing decision may be consid ered as ah indication of the final result in the case of the United States against Helen A. McClure, Charles A. McClure and John A. Rupp, trustees for the estate of William C. McClure, and Jethro G. Mitchell, Leroy Brooks, Robert B. Mon tague and Horace G. McKinley. The suit was brought to cancel certain patents to lands in the Cascade National forest amounting to about 960 acres. In commenting on the controversy Judge Bean called attention to the fact that the evidence showed that Montague, as deputy olerk of Linn County, assisted In formulating fictitious proofs in the final entries and allowed McKinley to forge names of original enrymen as well as witnesses, and upon which evidence patents were obtained. In carrying out the conspiracy a num ber of fictitious deeds were Issued by SUDDEN CHANGES FROM DRY TO WET, OR HOT TO COLD, PLAY HAVOC WITH OUR HEALTH AND COMFORT. A PURE NUTRITIOUS AND INVIGORAT ING STIMULANT SUCH AS BALTIMORE E La IS RECOMMENDED AT SUCH TIMES BECAUSE OF ITS HIGH QUALITY AND ABSOLUTE ' PURITY S Sold t ll flrrt-el cafes .and by jobbers. ' Y2 WW. LaNA-HAN ft SON, Baltimore, Md. i RY i i THE J-K.WlU.tO- We are amply ready to supply gift-seekers with Books that will make the most suit abJe gifts, at prices considerably below those you are usually asked. We have books of History the works of famous authors spirited Novels of today rich Gift Books in elab orate. beautiful bindings Bibles and Testaments Children 's Story and Picture Books unquestionably the best selection to choose from in Portland. There is a book for you to give to any relative or friend nothing is so much appre ciated nothing gives as great and as lasting pleasure. Here are just a few suggestions selected at random from Portland's largest and best stock. Beautiful Children, by C. Haldane McFall .85.00 B e I g r a v I Art Mono- graphs, a splendid gift 1.50 Masterpieces In Color. best works of best artists .75 Voices of the C it r, by Marion Cook Stow l.OO Melhn. by Agnes C. Mur- phy Z.T5 In My Lady's Garden, Mrs. Richmond 3.50 Throiiarh French Prov- Inces, by Ernest Peixolto . 4 2.50 C hrist Legends, by Selma Lagertof 1.25 City People, by James Montgomery Flags: .. . 5.00 Girl, of Today, by Clar- ence Underwood 3.00 ills L Montague transferring the property from one to anotner oi tour iraiuu j,....., and finally deeding it to the United States under lieu land act of June 4, 1307, which has since been repealed by Congress. Fol lowing the last transfer Indemnity land was selected In Polk County an sold to the. McClures. An abstract of title was furnished the purchaser which apparently exhibited a .fi.ln tiit htv the. decision of the court the surrender of the original en- I Steam Heated sL i M HOURS 1SBjf SOLID THROUGH TRAIN V 1 1 "THE NORTH BANK ROAD " ( S. P. 8 S. Ry.) Vvf I W NORTHERN PACIFIC RAILWAY W , THROUGH SLEEPING CAR TO OMAHA j Tickets and full information at Corner Third and Morrison Streets, Portland A. D. CHARLTON, Asst. Gen. Pass. Agent northern Pacific Railway P. C. M "TooMand. :mffT6vTTLrtrJBnoJThLY.'- ' (LVutmas (tnfts Tor yCtdxi Recollections of Twenty Vears, by F. B. Sanborn. .85. 00 Hunting Trips In .North America, by F. C. Selous 5.00 The Culture of Simplicity. by Malcolm J. McLeod.. 1.00 The American of the Future, by Brander Matthews 1.25 Marcus Whitman, by Myron Eells 2.50 Ben King's Verse, an ap propriate volume l.OO In Lighter Vein, by John De Morgan 75 Red and Gold Classics, a pretty gift 60 Adrift on An Ice, by Pan Grenfell 75 John Marvel, by Thomas Nelson Page 1.18 BOOKSELLERS L T5te"3ogal 5ift Store J STATIONERS L tries did not date from the filing of the deed to the Government, but from the date of the issuing of patent to the Polk County lands. Judge Bean held that the filing of a deed to the Government was only one of the steps necessary to secure the accept ance of the base lands by the Department of the Interior. The patents to the lieu lands being withheld for cause, the court overruled the demurrer to the complaint filed by the Government to recover the Standard Drawing - Room and Tourist Dining Car Meals a la carte Day Electrio Lighted Miscellaneous Little Sister Snow, by the a u t h or of "The Lady of the Decora tion 81. OO In the Border Country, by Josephine Bacon... . l.OO Jane Austen, complete, two volumes 2.SO A r a h I n n Nights, Max field Parrtsh 2.50 C b r onlclra of Olriflelds, by Thomas N. Allen 1.50 Dr. jobn McLoughlln, by F. V. Holman 2.50 Washington I r v 1 n fr, 27 volumes 43.00 American Birds, by Fin ley 1.50 Hanging; of the Crane by Longfellow 2.00 From My Yonth Vp, Margaret Sangster 1.25 Cascade forest lands and the case will go to trial. UMBRELLA SALE. Men's and women's umbrellas, best gloria top. steel frame and rod, 97o each. Latest novelty handles, 13.50 values at 2.47; 12.60 values at $1.47. McAllen &. MoDonnell, Third and Morrison. Sleeping Cars Coaches An Individual Light in Each Berth