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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 11, 1910)
THE OREotOTAXr FRIDAY, MARCH 11, 1910. E FOB SWAMP LANDS Territory Involved in Warner Stock Company Case Greatly Desired. REJECTED BY LAND BOARD Rumored Test Case Will Be Brought to Compel Sale at Price Fixed by Law of $5 Acre History of Famous Case Given. HA T.FiM. Or., March lOv (Special.) Evidently desiring to be on the ground floor, a group of prominent Portland and Salem men. many of whom -were connected -with the case In a profes sional capacity and knew the value of the land, recently filed application with the State Land Board for the purchase as swamp land of 7229 acres of the land Involved In the case of the State vs. The Warner Valley Stock Company, In which It is held that the state is the owner of the lands. The State Land Board rejected the applications and It Is rumored that one of the applicants will bring a test case against the B&ard to compel It to Bell the lands to the applicants for the price fixed by law for swamp land, o per acre. While the decision of the Supreme Court in the Warner Valley case is too recent to have permitted a thorough In vestigation of the present value of the land involved, the Board Is of the opin ion that the land is now worth on an average not less than $15 per acre. Reasons Given for Rejection. In its letters to the applicants the Btate Land Board gave the following reasons for the rejection of the appli cations: First Otv February 8, 1910, all school, swamp ana other state lands in these townships were withdrawn from sale at the request of the Desert Land Board, they having under consideration the reclamation of certain lands in these and other townships under the Carey act. iecond The title to these lands is Involved In a suit still pending in the courts and the state has no authority to sell same. ' Third The Board is not advised at the present time of the true value of the land. Following are the names of the appli cants for the Warner Lake swamp land: Those Who Desire Lands. E. B. Wateon. 820; Eleanor C. Watson, 820; James O. Watson. 320; Phil Metachan, Br.. 2&4.91; Henry A. Motschan. 220.67; Phil Metschan. Jr.. 316.29: Rufus C. Colman. 320; Kasper K. Kubll. 814.00; Benjamin B. Beek man. 294.76; Robert G. Morrow. 320; Ida A. Wakefleld. 65: James L,. Wakefield, 240; Ir vrtn I.. Wakefield. 240: Alonzo D. Frakes. 198.95 "Lorenzo D. Frakes. 242.87; Eleanor O. Holmaa. 320: Howard I- Kllham. 320; Louise F. Kllham, 201.65; Addie Bauer, 320; Charles Holman. 32t; ilanpi l,. eiover, 29K.84; William Davis. 320; " Frances L. Branes. R20. Archie M. Jerman. 320: W. P. Lord, 311.20; W. P. Lord. Jr., 155; total, 7229.74. Swamp Lands Given to State. On March 12, 1860, Congress extended to Oregon the act granting to Arkansas and other states all swamp lands with in their limits. The Oregon Legisla ture, by act of October 26, 1870, made, or at least attempted to make, provision for the location, selection and sale of ' the swamp lands inuring to the state under this grant. The act made It the duty of the Governor to select' these lands, and he was authorized to ap- point agents to examine the lands of the state and report to him all lands found to be swamp, and therefore sub ject to the grant. It was also made the duty of these agents In reporting these lands to de scribe each tract in a clear and distinct manner, and from such Information the Governor, as Land Commissioner, was to prepare correct duplicate lists and maps showing the location of the lands and file a copy with the County Clerk of the county In which the lands were situated. After being duly advertised for four weeks, the lands were to be sold, but for not less than $1 per acre. Application Made by Owen. The act of October 26. 1870, was un doubtedly the work of the "swamp an gel,'" "Hen" Owen, and his associates, for within 30 days after the passage of the act. and before it had become a law. the records show that W. A. and A. P. Owen, T. G-. Realties, C. C. Beek man and B, P. Smith, of Jacksonville, Or., prepared and filed an application to purchase a large tract of land which they alleged was swamp. The land was not described by legal subdivisions, but simply by a general reference to natural landmarks. The number of acres was not stated, but a careful es timate shows it to have contained more than 150 square miles, or over 100,000 acres. No money accompanied the application, notwithstanding the act called for a payment of 20 per cent of the purchase price. No further steps to comply with the act were made until March 13, 1884, or 14 years later. Change Made in Law. On October 18. 1878, the Legislative . Assembly repealed the act of October 26, 1870, and provided that not more than 820 acres could be sold to one person, and at not more than $1 an acre. All appli cations made before the passage of this act were declared void unless they had been made regularly In accordance with law. This should have killed the Owen, Beekman and Reames application, but the Land Board appeared friendly. Laws were also passed that settlers on Swamp lands upon making a proper showing might obtain from the State Land Board a quitclaim deed. About 1875 many of the lands covered by the Owen and Beekman application were surveyed and In 1881 were applied for by H. C. Owen, who filed with E. P. McCormack. clerk of the State Land Board, application to purchase 102.040 acres. Later 20 per cent of the purchase price was paid, but the application was rejected. November 5, 1883. Owen filed application for 63,800 acres, describing each tract, but this was also rejected. Owen Finally Successful. Owen was back again March 12. 1884. mia urn time was successful. He filed .an application, signed by C. C. Beekman, W. A. Owen. . A. P. Owen and T. G. Keames, for 9940 acres of the same lands. Two days after the application was ac cepted all the lands in the original blanket application were deeded to H. C. Owen by the others. Owen later got the acceptance of his application for the rest of the 102,040 acre fract, and on April 3, 1884, a deed for 78,901.61 acres was given him. mak ing -a total of 88,841.61 acres at 1 an acre, and upon payment of only 20 cents down. Thus Owen came to be caiiea me awamp Angel. Later It was learned that much of this land was not swamp land, but arid and agricultural land and had been se cured by fraud. Many; settlers bad APPLICATION MAD gone upon it. In the meantime Owen had sold about 16,0,00 acres to the Mc Cannaughys, and a large -tract to the Warner Valley Stock Company before patents had been issued by the United States. Settlers Finally Victorious. The settlers got Governor Chamber lain to protest to the Interior Depart ment against Issuing patents to the state and to ask that the settlers be permitted to prove up and secure title to the lands under the homestead act. Patents were Issued, however, and placed on record by the attorneys of the Warner Stock Company. Then Governor Chamberlain had the Attorney-General bring suit against the Warner Stock Company and R. F. McCannaughy and others, and after a hard fight In the courts It was finally decided in . favor of the state. Thus, about 25,000 acres will be canceled and this will pave the wayto other suits for the other 64,000 acres. Settlers are in position to go direct to the state for relief, and it is thought, upon payment of a nominal sum, deeds will be given to them by the state. FOUNDER OF ASHLAND IS LAID TO REST Captain A. D. Ile-lmJin, Deceased. ASHLAND, Or., March 10. (Spe cial.) The funeral today of Cap tain A. D. Helman, the last of the. original founders of Ashland, who named the town after their native county in Ohio, was held . today and- was notable for the large attendance. Business houses closed as a mark of respect dur ing the funeral hour. Services t were held at the Methodist Church by the pastor. Rev. H. J. Va Foesen. and the Oddfellows and Rebekahs, who were repre sented by a large attendance, conducted the burial service In Ashland Cemettery. Much of the land is not claimed by settlers, and a large - sum will 'be realized for the school fund If It is sold at public sale. AUTO MERGER COMING J. M. STUDEBAKEB SAYS STORY IS SUBSTANTIALLY TRXE. South Rend to Be Headquarters and Distributing Center, Is Be lief in East. SOUTH BEND, Ind.. March 10. (Special.) J. M. Studebaker, president of the Studebaker Company, today con firmed the announcement of a gigantic merger sent out from New Tork and Detroit yesterday, stating that the story was substantially correct. Fur ther1 than this he had nothing to say. Colonel George Studebaker, Clement Studebaker and Frederick Fish, who planned the consolidation, will return to South Bend tomorrow and an offi cial statement will then be made. Notwithstanding the silence of the Studebakers concerning their plans, it Is taken for granted that South Bend will be headquarters for the combine and that this city will be the distribut ing point for the output of the fac tories in the combination. It was said here today that the Simplex Automobile Company, of Mlsh awaka. is included in the merger, but it has been impossible to secure a statement from the officials of that concern AUTOMOBILE TRUST DENIED E. M. F. President Makes Statement at Request of Morgans. DETROIT, March 10. Upon a tele graphic request today from Frederick W. Stephens, of the New York banking firm of J. P. Morgan & Co.. President W. E. Flanders, of the E. M. F. Automo bile Company, gave out a statement that there was no truth in the report that the recent purchase of the E. M. F. concern by J. P. Morgan interests heralded any combination of automobile interests. "No such combination is In contempla tion," eaid Mr. Flanders. GUINAULT WILL NOT, TALK Slayer of Indian Policemen May Plead for Leniency. TACOMA, Wash., March 10. (Spe cial.) Fred Pope, the Qulnault Indian, brought here yesterday for the killing of Adam Hawk and Hoh Williams, two re servation policemen, will not have a pre liminary hearing until next week. He has obtained an attorney and de clines to talk. Pope's action in sur rendering may be used In a plea for leniency. If he is convicted he may be hanged at the Federal prison at McNeil's Island or confined there for life. Should he be hanged It will be the first case of capi tal punishment at the McNeu s Island prison. Regiment to Receive Gift. VANCOUVER, Wash., March 10. (Spe cial.) At a smoker te be held In the Officers' Club tomorrow evening, an oil painting of the coat of arms of the First Infantry will be presented to the regi ment by A. J. Capron, of Portland. Colonel McGunnegle, commanding officer of the post, will make the speech of acceptance. A stick will be presented to Mr. Capron by the officers of the First Infantry. Church Raises $50,000 to Build. EUGENE, Or., March 10. (Special.) itev. Mr. Mccallum, of the Christian Church, reports 274 additions to the local church, through the recent revival meet ing?. The church, which two weeks ago launched a campaign to raise S50.000 for the erection of a new building, has the jL-iUM amount iu eigne jr&wf3 ' V It ;: - 1-' j " f If 1 nn TiinmTo irrrr urn iniitHiui Prairier Reservation Towns, Win Over Lewiston. LOCAL OPTION IN BY 815 59 7 "Wet" Plurality of North Idaho Unavailing in Face of Country Vote Election to Be Fought, 1 8 Saloons Involved. , LEWISTON, Idaho, March 10. (Spe cial.) The feature of the local' option election in Nez Perce County yesterday, in which "no license" carried by 816 majority, was the fulfilment of threat of the prairie towns and reservation com munities to put Lewiston in the "dry" column. Although the "Wets" here were 597 votes to the good, the lead in the agri cultural districts was too strong to over come. Unless the contest, which the op ponents of "no license" announce they will institute to have set aside because of alleged irregularities, is successful, 18 saloons, 15 of which are in Lewiston. will go out of existence June 9. Lewiston is the largest town in North Idaho and naturally the smaller towns are jealous of her commercial and poli tical supremacy. As a result many of the residents in the county voted "dry" against their own inclinations to vent their epite. For this reason. It is con tended. theNslectlon cannot be considered a legitimate expression of pure senti ment outside of Lewiston, as in many instances the ballot was employed simply as an instrument of vengeance. "Wet" leaders announce that they will endeavor to have the election declared void, declaring that the ballots were so numbered that by comparing them with the poll-books, it is possible to ascer tain how each elector "voted. This1, they say, is a vital defect. This attack failing, they will aim to prevent the law from becoming operative In Lewiston by In voking the privilege of special charter recently granted the city, which provides Immunity from interference in municipal affaire by the county or state authori ties. , Lewiston citizens are also greatly in censed because 200 Indians on the Nez Perce reservation, many of whom ' the Interior Department recently declared In capable of handling their own business affairs, were permitted to register and vote for local option. " A movement is aleo on foot to file complaints with the Government against several employes, who are alleged to have been unduly active in Inducing the "red men" to ex ercise the right of franchise. OH EG OX CITY AFTER SALOONS License Raised to $1000 and Ratio of One to 50O People to Be Kept. OREGON CITY, Or., March 10. (Special.) Liquor licenses in Oregon City have been increased from $600 to $1000, and the Council, by a vote of 7 to 2, raised the license over the pro tests of the Retail Liquor Dealers' As sociation. It is considered likely that at least five of the 17 saloons In Ore gon City will be compelled to go out of business when their present licenses expire The Council has determined that no more licenses are to be 'granted until the city has a population of 9000, which means that the ratio shall not exceed one saloon to every 600 people in Ore gon City. Further than this if any of the establishments now here should be closed or their licenses revoked for any cause, other licenses will not be issued in their places unless the ratio can be maintained. NEAR-BEER LAW TO BE TESTED Albany Poolroom Keeper Invites Ar rest to Attack law. ALBANY, Or.. March 10. (Special.) Charles Kroschel was arrested today charged with violating Albany's near- beer ordinance. He was arraigned be fore City Recorder Redfleld and given until tomorrow afternoon to plead. It is said that Kroschel began selling near-beer openly in order to invite ar rest and have a test case and that he will attack the constitutionality of the ordinance. This ordinance was passed almost a year ago but the referendum was in voked on it and this permitted several near-beer dispensaries to run until the December election, when the ordinance was approved by popular vote About a week ago Kroschel began selling- the drink again in his poolroom and an nounced he would fight the ordinance. CANBY MEN TO ORGANIZE Prominent "Boosters" of State to Aid New Commercial Club. OREGON CITY, Or., March 10t (Spe cial.) Tom Richardson, of Portland, one of the prominent ''booster" men of the state. County Judge - Dimick and O. D. Eby,. of this city, will go to Canby on Saturday, where they will as sist in the organization of a Commer cial Club. These men are to make ad dresses during the meeting, which will be held at the City Hall at 2 o'clock. The people of Canby are enthusiastic over the organization of the club, and It Is probable that there will be a large turnout of the people of that city, and also of many of the farmers from the outlying districts. There now is a cannery building under construction at Canby, which will be completed within a few weeks; a creamery, de partment store, bank and a new power house under construction, which will be in operation In April: The latter building will be constructed of rein forced concrete. The people of Canby think that by the organization of a Commercial Club in their town will tend to build it up- to a large extent. LATAH COUNTY TO BOOST Development League Formed With Enthusiastic Members. MOSCOW, Idaho. March 10. (Special.) The Latah County Development League was formally launched at a mass meet ing held' here Tuesday in Hogin's Hall. Fred C. McGowan, of Deary, was chosen president; Fred S. Beckwlth, of Kendrick, vice-president; P. L. Orcutt, of Moscow, treasurer and William E. Lee, of Moscow, secretary. A constitution and by-laws were adopted which provide for the election of a vice-president in each precinct throughout the county and an executive board composed of a member from the seven important towns in the county. The meeting was full of enthusiasm for. a county-wide booster club with local or ganizations in the different communities. oovoii years aga vnero were ouo Student Mft-OUaa a4 la 1907- th.er were 173.302. van S PRIN G Nineteen-ten OCEAN BOULEVARD NOW NORTH BEACH TO BUILD )IA CA'JAM ROAD 4 MILES LONG. . Club Gets $15,000 Fund From County for Highway to Holmans Station Plans Big. SEA VIEW. Wash., March 10. (Spe cial.) A boulevard on North Beach four miles long from Holmans Station to the Breakers Hotel is the first fruit of the activities of the North Beach Push Club. Recently at South Bend the County Commissioners appropriated $15,000 from the county road ana bridge fund and or dered a macadam road built from the Breakers Hotel to Lake street, 'which terminates at Hclmans Station, Sea View. "Work will be commenced at once unless a condemnation suit for right of way through a piece of private property causes delay. It is thought that the boulevard will be completed by July IB of this year. It will begin at the Breakers, run along Ma cleay street, thence through private property and thenoe along First etreet to the Long Beach Bostoffioe. From there the boulevard will turn to the right to the ocean front, thence along the beach1 to Newton's. Station, where it will turn Inland again to First street. From First street the boulevard will pass through Centerville and Sea View to the point where First street terminates at the Corbett place. Thence the boulevard will be turned toward the ocean again, run along- the ocean front for two blocks. I. 1-U:JLI 329 Morrison St $25,000 Stock of , ' t -'-"'"- 9 FRAMED OIL PAINTINGS By Famous Artists PICTURES and MIRRORS Of Every Description Will Be Sold at Public Auction Without Reserve at No. 329 Morrison Street, Between 6th and 7th SALE TODAY AT 2 P. M. - A Rare Chance to Buy Works of Art at Your Own Price " J. K MOSKOW, Auctioneer V Tl Sprightly Springtime Shap A re The Greatest Display of Dainty Oxfords and Pumps Ever Shown , in Portland The old saying, "There's nothing new under the sun," certainly does not apply to Queen Quality Shoes for Spring. Originality is indelibly stamped in every line. You positively could find nothing smarter on Paris boulevards or IPifth avenue. Any last and leather that a woman could possibly desire. You might pay as high as $5.00 for a pair of shoes, but you couldn't get better materials or workmanship, and as for fit there isn't one pair in ten that willgive you the comfortable, satis fying fit of our Queen Quality Oxfords at - ' $3.50 Our reputation for keeping abreast of the styles is a guaran tee that what we offer is right. We Positively Give the Biggest Shoe Values on mSMINGT0N:. Inland one block and south to Lake street at Holmans Station. A volunteer committee composed of 23 enthusiastic members of the club visited South Bend recently and stormed the County Commissioners as they met. They welcomed the delegation and without de lay granted its demand. The committee was composed of H. E. Deputy, chairman; M. B. Wells, secre tary: J. R, Ooulter, County Commis sioner; Mrs. M. J. Janney, Mrs. E. R. Budd, Mrs. Lydla Smith, Mrs. Lydla. Ja cobson, Mrs. H. E. Christlanson, Master Ernest Jacobson, majsoot: Judge N. H. Bloomfleld. Judge Brumbaugh, of llwa co; W. E. StrauhaJ, C A. Andersen, Peter 8toler. H. E. Christlanson. Joseph McKean. F. X. Marx, W. B. Hawkins, Fred Jacobson, Theodore Jacobson, H. H. Tinker, Ernest Jacobson, George E. Lee, Harvey Woodgate, George L. Colwell, A. A. Kennedy and Jens Christiansen. The North Beach Push Club was or ganized January 14, 1910, with H. E. Deputy, of Tioga, as president; Joseph McKean, of Long Beach, secretary, and Walter E. Strauhal, of Long Beach, treasurer. , Among other contemplated Improve ments sought by the club are: A new water works, sewerage system and im proved transportation, consisting of spe cial North Beach trains to Kalama to connect with a faet boat for Megler, and reduce the time to the beach by two hours. Interchangeable tickets with the Astoria & Columbia River Railroad; a line of boats between Nahcotta and South Bend, making close connections with the Northern Pacific for Puget Sound points: extensive hotel accommo dations; trails through the woods and over 1 the hills to Beards Hollow, North Head and the Fishing Rocks are also im provements the club alma to bring about. Rogue River War Veteran Dies. MeMINNVILLE. March 10. Eli Thomas ON SPR I N G Nin eteen-ten H Branson, a pioneer of 1851 and one of the best-known early settlers In this part of the country, died at his home in this city yesterday, aged SO yearst "Uncle Eli." as he was familiarly known here, wast born In Springfield. 111.. May 13, 1S29. and after crossing the" plains, settled In Polk County on Mill Creek, six miles southwest of Sheridan, later moving to this city, where he has resided since. He was a veteran of the Rogue River Indian Wars of 1855-6. Mr. Branson Is survived by one son, W. A. Branson, of this city. The funeral was held today at 2 P. M.. from the residence, interment being in the Masonic cemetery. INLAND LINE TO REBUILD Officials Plan to Raise Ground for Colfax Terminal. COLFAX. Wash., March 10. The fol lowing officials of the Inland Electric line visited Colfax today: Superin tendent R. C. Bowdlsh. General Manager- Clyde Graves. Traffic Manager Waldo G. Payne and Chief Engineer A. M. Lupper. They expect to have a temporary track from Steptoe to Colfax within three weeks. Five large bridges and five miles of track, besides terminal grounds at Colfax, are to be rebuilt. The officials drove to Steptoe from Colfax along their line. At Colfax the officials spent some time talking over plans for terminal grounds, one plan being to raise the present grotnds six feet and put retaining walls along the river front near Main street. Moving the terminal site back along what Is now West street was also talked of. The officials promised to return to Colfax for a meeting with Mayor Llp pltt and Contractor J. R. Good. They expect to talk over best plans for both railway and city for the future safety es m the Coast of both. They estimate the cost of th temporary track washed out by flood from Steptoe to Colfax to be $60,000. The average yearly nl&uffhter of foxes in OflrmHny i about 2O.0OO. Suction Cleaner . I iSlili No Spring Cleaning The semi-annual week or two of topsy turviness in the home; discomfort, work and weariness for the wife and misery for the men folks, is a thing of the past in the home that has a PEERLESS Suction Cleaner. The suction draws dirt and dost right through carpets, from every tuft in chairs, conches, davenports and mat tresses, from plate racks and skirtings, ' radiators, registers, behind furniture and pictures, draperies and curtains. Does more in a day, than two people can do in a week and cleans more ef ficiently than human hands can clean. Do it the PEERLESS way this Spring. Illustrated book and address of nearest PEERLESS dealer sent on request to Manufacturers Outlet Company, Mfg 89 Chambers Street, New York r Stb by i The Eastern Manufacturers Co. Portland. Orffra. THE HERPES COMES OUT Preanently Show Itaelf In the Same Place Every Winter. The herpes very frequently shows it self only In the winter time and In Iden tically the same spot every year. . When it comes out, a little poslam should be at once applied, and this annoying skin affection will quickly vanish. Poslam Is the new skin remedy which has -cured 1 thousands of the worst cases of eczema I and eradicated facial and other disfig urements of years standing. The ter rible Itching attending eczema la stopped with the first application, giv ing proof of Its curative properties at the very outset. In less serious skin affections, such as pimples, rash, herpes, blackheads, acne, barber's itch, etc, results show after an overnight application, only a small quantity being required to effect a cure. Those who use poslam for these minor skin troubles should Immediately secure one of the special 60-cent pack ages recently adopted to meet " such needs. Both the 60-cent package and the regular $2 jar may be obtained at the Ekidmore Drug Co. and the Wood ard Clarke Co., as well as other leading drug stores. Samples for experimental purposes may be had free of charge by writing direct to the Emergency Laboratories, 32 West Twenty-fJXth Street, Kew York Cltje,