THE MORNING OKEGOMAX, WEDNESDAY, APRIL, 6, 1910. FIGHT CENTERS-OK SMOOT POWER BILL State Control Advocates Win Ballinger's Support; Ex pect That of Taft. MEASURE IS COMPROMISE "Klffht of Eminent Domain Author ised When Xecessary to Acquire Kfght of Private Owner. Interests Safeguarded. KEWB BLRB L Wash lnftoo, April & Advocates of state regu lation and control of water power de velopment have decided to concentrate their efforts to paas what. Is known as the Smoot bill, the measure agreed upon by the subcommittee of the Senate public lands committee, appointed to frame the conservation legislative programme. It la reallaed that Uxe bill mar require some amendment, for dlaouKslon la aure to brini out ita defects and short cominga. .Nevertheless, the underlying principle is approved by those who believe in ?tate, rather than National control of water powers, and the fundamental ideas will be preserved if the great majority of "Western Senators are able to dominate the situation and bring to their support enough la&atern and Southern voted to route the advocates of "Pinchotism." BaUlnger Won Over. Secretary" Ballinger, who heretofore drafted a bill Intended to recognize the right of the Federal Government to regu late the use and development of water power on the pub Ho domain, has been won over to the idea, of state control, and aSRlifted In the drafting of the Smoot bill, which is now before the Senate. He will Indorse the blu formally If it 13 submitted to him tor hla opinion, and the presumption is that President Taft will do likewise, if Congress sees fH to sub stitute such a measare for the National bill drawn by Plnchot. But the fight is not yet won. It Is not fully determined that 'any. bill will be passed this session. It is one thing to report a bill and quite another thing to pass it. And the friends of the Smoot bill are aware that some of 4b long-winded artists of the Senate prefer the Plnchot bill to the Smoot bill, and may enter upon a protracted tight in the hope of defeating the proposition to give oontrol of water powers to the re bpectiTo states. Content May Be Averted. If such a fight s started, advocates of state control will be just as Insistent on, their side and the result may be a futile filibuster. However, there is strong hope that such a contest may be avoided, and that. the Senate, after reasonable discus sion, may be permitted to , record the will of its majority, whatever that may be. The Smoot bill. In Its prese nt f orm , embodies some of the features of the bill Introduced by Senator Jones, of Wash ington, and other features taken from the bill of Senator Carter, of M on ton a. it is a compromise measure, which will e subject to amendment In the open Senate, Primarily, it provides that the Presi dent may withdraw from entry such pub lic lands as may be found to contain commercially valuable water powrr sites. The National Government, in turn, is authorised, upon application, to transfer title to eruch lands to the state or terri tory in whlrn the site is located, the title thereafter to vest permanently in the state or territory. Private Sites to Be Acquired. In order that the control of the state over power piles may be as broad as pos sible, the MU provides that when lands in private ownership may be included with in any area withdrawn under its pro islons, and the use of such lands Is deemed necessary for the full utilization of the lands withdrawn for power de velopment, the Secretary of the Interior may purchase the rights of the private owner, together with any improvements he may have made, the state In turn to reimburse the Federal Government for ny expense it may incur. If necessary, the Secretary is author ized to exercise the right of eminent do main In extinguishing the title of the private owner, but if the owner voluntar ily sells out to the Government he may. In lieu of cash payment, select some other equal area of publlo land of like charac ter, and be credited for all thiners law fully done by him in acquiring his origi nal holding. If the private owner chooses to make such Indemnity selection, he must make it for his own use and benefit, and moreover, must make his selection within two years from the date of re linquishment. Patent Subject to Conditions. To the Secretary of the Interior is given power to make regulations govern ing the transfer of power sites to the states. The state in turn, through ita proper officers, must file with the Secre tary formal application for power sites which it desires to acquire, accompanied by proof that the lands are chiefly valu able for the development of water power, and must show that all land applied for is necessary to accomplish the develop ment of the largest available power at he place designated. If the Secretary of the Interior is satis- ed that the lands are as represented by the state and are sought solely for power purposes, he is directed to issue patent to the state or territory making the application. This patent, however. Is subject to four conditions enumerated in the Mil. First, the state shall not alienate the fee-simple title to the lands, hut may grant the use of the lands for power de velopment for specific periods of time and upon such term as it may by law or contract establish. Second. Keen tract held by the state shall be devoted primarily to the develop ment of water power, either by the state Itself or by . municipal corporation, or by some person, association or private corporation. Leases to Be Reappraised. Third. No lease or permit to the use of such land shall be conveyed to any of the parties aforesaid without reserving to the state or to some governmental subdivision thereof, or to some authorised board or commission, the right at stated intervals of 10 years, to fix reasonable rates to be charged by the lessee for the supply and distribution of the power de veloped on said lands. Ftaurth. The state shall forbid any party with whom It contracts to enter into any combination or consolidation in restraint of full and unrestricted compe tition in the business of developing, dis tributing or selling power, and which may have for its purpose the monopoli sation of such business, and shall pro vide for the cancellation of any con tract upon violation of any of its pro visions. If any state shall fall to utilise lands quired under tills oill in the manner above &0t forth, the lands shall be for feited to the General Government. MISSOURI RATE CASES ON Courts Cannot Set Aside Commis sion's Decisions When Just. WASHINGTON, April 5. Arguments began before the Supreme Court of the United States today In the famous Mis souri River rate cases, which involve the rate-making power of the Inter state Commerce Commission. On behalf of the Commission, Wade H. Kills, special assistant to the Attorney-General, defended the order of the Commission, reducing the rate between the Mississippi River and the Missouri River as applied to shipment from seaboard points to Missouri River cities. Mr. Bills contended the courts could not set aside rates made by the Commission when just and reasonable in themselves. In this case, he claimed, the railroads were not complaining about a rate be ing unjust, but were merely concerned beoause the rate was alleged to dis criminate against shippers in Central I U i i I J Senator Reed Smoot, of TTtah, Upon Whowe BUI for Regulat ing? Power $ites Advocate of State Control M ill Center Efforts. Freight Association territory. He urged those shippers should have taken their complaint to the Commission.- John H. A twood, of Kansas City,- in behalf of the Missouri River merchants, argued the railroads could remedy any discrimination , against central terri tory shippers by reducing the inter river rate for all shippers, regardless of the point of origin. PINCHOT ANDJHILL TO TALK Conference on Charities Broadens Scope of Programme. ST. LOUIS, April 5. The subject of conservation seems likely to occupy a very prominent place in the discussions and deliberations of the National Con ference of Charities and Corrections, which will meet in this city May 19-26. Announcement was made today by Paul U. Kellogg, of New York, editor of the Survey, who is chairman of the committee on occupational standards of the National Conference, that while he has been unsuccessful in securing the promise from J. J. Hill, of St. Paul, to open the discussion on "Conserva tion." he had received a tentative promise from Gifford Plnchot, late Chief Forester of the United States, that If the latter returns from his con ference with Colonel Roosevelt in Eu rope before the conference meets he will probably appear here. FINE TIMBER LANDS SOLD Cliohali Firm's Holdings Go to Tenino Lumbermen. CHETHAL.IS. Wash., April 5. (Spe cial.) The sale of the business and tim ber holdings of the Coal Creek Jjumber Company at Chehalis was closed last night. The purchasers are Frank Harm and W. K. Brown, who operated the busi ness of the Harm, Brown Lumber Com pany at Tenino. The mill plant has a capacity of 65,000 feet dally, with planers and other equip ment. A ffmall shinglemill is included, located up Coal Creek. The company has about three miles of logging railroad op erated by steam, and owns about 30, 000.000 feet of fine timber, with about 700.000,000 feet tributary and easily ac cessible. The Brown brothers of this city in the present deal take over a part of the Harm, Brown holding at Tenino, Including a mill plant, a deal for the said of which they have already closed. PI ON K Kit PACIFIC NORTHWEST TIMHEKMAX TO BE f BURIED TODAY. j " " f J J - t & ,'t I 1 ' 'it t f v; - -1 r J : - - i t - t t prominent Portland timberman, jjLoqu Late John West. The funeral of John West, a prominent Portland timberman, who died while looking after business Interests at Kathlamet, Wash., Sunday afternoon, will be held at 3 o'clock this afternoon from the chapel of the Holman Undertaking Company. Mr. West was born in Riccarton, Linlith gowshire, Scotland, In 1855. He was educated at the Univer sity of Edinburgh and came to America at the age of 20 years. Settling at Kathlamet. He moved to Portland about five years ago, living at East Twenty-eighth and Stevens streets. For many years he looked after the Interests of the Benson Logging Company in the Chamber of Commerce. He also had large interests himself. His first wife died several years ago and in 1896 he was married to Miss Florence Wells, daughter of Dr. Wells, of this city. She. with four children by the first ma rriage. Marlon, Margaret. Goodson and Lavid, survive him. NEW BILL OFFERED FOB CONSERVATION Committees Substantially in Accord, Following White House Conference. WITHDRAWAL IS PROVIDED Classification to Be Made Promptly and Lan d to Be Restored, to Domain for Disposition Un der Applicable Laws. WASHINGTON, April 5 As a direct result of the conservation dinner at the White House last night, members of Con gress from public lands- states and others who hold membership on the public lands committees of the Senate and House are endeavoring to reconcile their differences over proposed conservation legislation. While no measure introduced has ob tained the support of a majority of the members of the two commitees, it Is said, today the members ere in substantial agreement on a new. bill for the with drawal of public lands for various pur poses. Such a measure, it Is said, is1 to be introduced simultaneously in both houses and will include the following fea tures: The President to withdraw public lands In the United States and Alaska for pub lic usee, or for examination and classifi cation to determine their character, use, value and disposition, such examination and classification to be initiated promptly after withdrawal; the classification to be concluded as soon as possible and the lands then to be restored, to appropriation and disposition under the laws applicable thereto. The President to make withdrawals pending submission to Congress of rec ommendations for legislation. The Secretary of the Interior to report all withdrawals at the beginning of the next regular session of Congress after date thereof. Ratifying and confirming all withdraw als heretofore made and now existing. All withdrawals to remain in force un til 'revoked by the President' or by an act of Congress. REQUEST DISCLOSES SALE Sanderson & Porter New Owners of Grays Harbor Power Plant. ABERDEEN, Wash., April 5. (Spe cial.) By appearing at . Montesano this afternoon before the County Commis sioners and asking that their action in regard to the proposed electric interurban railway from Grays Harbor to Puget Sound be postponed until they had con sidered extending their lines. Sanderson & Porter gave the first official confirma tion that they had purchased the Grays Harbor Railway & Power Company, oper ating between Aberdeen and Hoquiam. The firm was represented, by J. C. Thornton, of San Francisco, who said that his company was the only logical one to put such a project into execution. His request for postponement met with no opposition from Engineer Sammons of the proposed "People's" harbor to Sound road. 9 a C. C. Quackenbush and Mr. Sammons both declare that the action of Sanderson & Porter will not change their plans in the least, while the interurban plan launched some months ago by Eldridge Cheeter is also said to be still In consid eration by the promoters. RIGHT OF WAY COSTS DEAR O. 11. & X. Pay Rancher $25,000 to Cross Ills Farm. FEXDLKTON, Or., April 5. (Spe cial.) What is thought the largest sum ever paid by a railroad to one man for a right of way across a Uma tilla couny farm has been paid by the O. R. & N. to J. E. Smith, one of the leading wool growers of the state. Smith got $25,000 for a right-of-way across his farm desired to straighten curves between this city and Yoakum. The new route traverses the Smith farm for a distance of nearly four miles and consumes nearly 40 acres. Twenty acres of this Is In alfalfa. The proposed change also takes the road directly through his orchard. The improvements in the 17 miles of road between Pendleton and Yoakum Is to be one of the most expensive pieces of railroad, building in the Northwest. Several steel bridges are to be constructed, tunnels are to be dug and the course of the river is to be changed In some places. In other others the road is to be blasted out of the solid rock. PRICE IS $2200 AN ACRE Hood Hiver Apple Land Sets Xew High Record Snle. HOOD RIVER. Or., April 5. (Special.) The prediction that Oregon orchard land would sell for better than $2000 an acre this year came sooner than was expected here, when Rede S. De lano, an Eastern man. today paid $14. 400 for six and one-half acres of 8-year-old trees. The price per acre Is a little better than $2200 an acre and reaches a mark $300 higher than the best previous price which was obtained a week or two ago, when ten acres here were sold for $19,000. The orchard was purchased through B. E. Duncan & Co. from Dr. Stanton Allen, a retired physician, who came here several years ago and went into apple growing. The land is sit uated on the east side of the valley. In addition to buying the acreage of bearing orchard, Mr. Delano bought seven acres of brush land adjoining, for which he paid $528 an acre. This is also the record price for unimproved land at Hood River. His total invest ment for the 13 acres is $18,000. Dr. Allen still has 15 acres of bearing or chard which he will retain. MARCH IS WARM AND DRY Rainfall In Vanootrver Least, With One Exception, in 60 'Years. VANCOirVER, Wash., April 5. CSpe cial.) March was the warmest month, with the exception of March, 18SS, in 60 years, according to A. A. Qu am bers, official weather observer here. The mean temperature was 51.4 de grees, and for March, 1SS9, 5S.8 de grees. In the amount of rainfall, March this year was one of the three lowest on record for 60 years, being S.17 inches. In March, 1SS9, the rainfall was enly .60 Inches, and March, 1909, was 2.10 Inches. The early reports here were kept by Government officials In Van couver Barracks, 20 years before they were started in Portland. Mr. Quarnberg. who is also district Horticulture inspector, said today: "Fruit trees are not unusually far advanced for this time of year, as they were retarded toy the extremely cold weather In February. They have been coming forward rapidly through March and their -backwardness is an asset to the crop this year." DAMAGE SUIT IS AFFIRMED Driver of loo Wagon Entitled to $2000 From Car Company. SALEM, Or., April 6. (Special.) The Supreme Court affirmed the trial court In the case of M. M. Donohoe vs. the Portland Railway, Light & Power Com pany, a personal Injury case In which the plaintiff was given a verdict of $2000 by the Circuit Court. Donohoe was rid ing on an ice wagon at Seventh and Burnside streets, Portland. when the wagon was struck by a streetcar. In his opinion in this case, Justice Slater says: "Street railway cars and the general public have an equal right to the reasonable use of the public high ways, but there is a resulting mutual and reciprocal obligation resting upon each to exercise such right with, reason able care, so as not to Inflict Injury upon another in such places." Judge CI el and presided at thetrial of the case in the lower court. Other cases decided today: Olympia Bottling Works, appellant, vs. Olyznpia Brewing Company, respondent. Appeal from Julge Olelond's court, Mult nomah County. KeerMd. Opinion by Jus tice K.ln DlM6Qtlng opinion by Justice Kakin. W 1 Uiam O- Gosslln and H arry L. H am blett, appellants, vs. H. S. Martin, respon dent. Appeal from Judge O' Day's court, Multnomah County. Reversed and new trial ordered. Opinion by Justice McBride. Staffer Pater Raski. appellant, vs. Marcus Wise, defendant1 Appeal from Clatsop County. Modlned. Opinion by Ohief Justice Moore. EUGENE-TO-COAST ROAD ON Mysterious Movements Made by Corps of Surveyors- Now. tL'GEXE, Or., April 5. (Special.) Talk of railroad building, paper and otherwise, in this vicinity has been fur ther augmented by the discovery today of a corps of engineers in the field, a couple of miles west of town, followed by an agent securing right of way. What company they represent is a mystery. However, they seem to be under the direction of J. K. Mounce, who was for a short time last Summer Identified with the Lane County Asset Company, now engaged in a prelimi nary survey of a railroad from Eugene to Florence. Mounce is known to have done construction for various railroads, but has never t figured in the role of a promoter. Mounce's maneuvers in this vicinity, since leaving the Lane County Asset Company, have been mysterious, but not seriously regarded by people here. Developments of the past day or two by Mounce have given rise to the sus picion that he is in the employ of the Southern Pacific. He refuses to affirm or deny this rumor, but asserts he is going to build a road from Eugene to the coast. POSTMASTER IS DUBIOUS Salem Wonders AVliom Representa tive Hawlcy Will Name. SALEM, Or., April 5. (Special.) The question of Postmaster Squire Farrar'g successor Is a live topic of discussion wherever men gather in this city. The term of the present incumbent expires April 12 and no intimation has been received from Representative Hawley as to his probable action in recom mending an appointee. In fact, it is said that In a letter re ceived by a friend in this city less than a week ago, Mr. Hawley said that he had not yet been able to decide among the rival candidates for the place. This protracted delay has given all the aspirants cause to hope and has resulted in great number of letters, telegrams and petitions in favor of this candidate or that. A similar con dition prevails at Silverton. Woodburn and Forest Grove, in each of which towns a hot'eontest has developed. ILLINOIS CITIES ARE WET (Continued from Paje 1.) Democrats elected 21 candidates, Re publicans 12 and Independents 2. The new Council will stand: Demo crats, 39; Republicans. 31; Indepen dents, 2. The latter will vote with the Republicans, but the Democrats have a compact machine with enough mar gin to put through any legislation. Previously they had only 17 wards In the Democratic column. The election was characterised by a crusade . by the Municipal Voters League, a non-partisan organization, against the selection of alleged "gray wolves' for the new City Council. Al derman John C. Coughlln (Bath-House John), of the First Ward, was re elected by a large majority. It is probable the new Council will have to deal with the problem of constructing a passenger subway and with gas and telephone rate. The suffragettes attempted to wedge In a vote when Dr. Sara Janson appeared at the polls and demanded a ballot. Her' name appeared on the list of registered voters but she was not allowed to vote. The close of the voting was marked by much Incipient rioting, one death, many fights and a multitude of complaints to the election board of fraudulent voting. About 40- saloonkeepers were arrested for keeping open during voting time. WETS HAVE WOX IX MICHIGAN Total of 4 3 Count lee Placed In Ranks of Liquor Interests. DETROIT, April E. Complete returns from the 36 counties in Michigan where the local option elections were held yes terday show that 20 counties voted dry and 16 wet. Of the 83 counties in Mich igan 40 will be dry and 43 wet. Game Warden Gets Convictions. SALEM, Or., April 5. (Special.) Walter L. Hatch has been fined $25 for fishing without a license and George H. Sauders the same amount for tak ing fish less than six inches in length. The arrests were made by the Game Warden, J. W. Bo sell, and the cases were prosecuted In Justice Webster's Court. Freight Rates ro Be Increased. MrXfEAPOLIS, April 6- '"The rail roads must and will increase their freight rates. On one side the states and the Federal Government are dic tating to us and on the other side are the unions, practically dictating their wages. The only recourse the railroads have is an increase in rates. The more outgo, the more the income must be." GLOVES NECKWEAR JABOTS HANDKEECHIETS VEILINGS UMBRELLAS Entire bldg. Cor. Fourth snid Morrison HOSIERY MUSLIN UNDERWEAR LEATHER GOODS CORSETS PARASOLS ousing Specials for Wednesday The remarkable success of our Suit sale this week has enthused us to such an extent that we have concluded to make it far more interesting by offering an other one of our superior Suit Bargains. $30.00 and $32.50 SUITS at $19.75 A beautiful collection of the newest styles for Spring, including many distinct models, in all the newest fabrics and colorings. A 'practically unlimited assortment of new, clean, fashionable, seasonable and certainly the most desirable suits shown anywhere. You will not fail to find on to please vou. be your taste ever so exacting. Actual values up to $32.50. Spe- t1 Q 7' cial for Wednesday p LZ7. i J UNUSUAL WAIST BARGAIN Wednesday will afford you an opportunity to buy a "Waist of the highest class at a nominal price. The assortment embraces the daintiest styles to be had. Some made with lace yokes and fine tucks and baby Irish lace fronts; others -with beautiful designs of embroidery and (CO A Q Valenciennes lace; regular $3.50 values. Wednesday special at P'"7 MILLINERY SPECIAL Beautiful Tailored and Dress Hats trimmed in daintiest manner, in the season's best colorings, shape and designs. Exceptional values OQ np to $12.00. Wednesday special p.0 Just received, a new lot of fine shapes of every desirable sort. Prices $2.00 and $2.50. You cannot buy these anywhere less than $3.00 and $3.50. - PERFECT FACILITIES FOR FUR STORAGE Now is the time to have your Furs remodeled at reduced prices. Stored free of charge. We are the biggest buyers of Eaw Furs in the West. As manufacturing furriers we pay the very highest prices for Raw Furs. Send for our Price List. Edward Penningrton, president of the "Soo" lines, thus declared himself yes terday on his return from a three weeks' vacation. Hoquiam Wants Road Fixed. HOQUIAM. Wash., April 5. (Spe cial.) A committee jt HoqUlam citi zens will leave In ten days for Olympia to hold a conference with Governor Hay and State Highway Commissioner Bowlby for the purpose of having the Humptulips road improved. The state appropriated $15,000 for the Improve ment and residents here are anxious to have the money spent in the best manner possible. Chehalis County Commissioners will accompany the delegation. Your tongue is coated. ' Your breath is foul. Headaches come and go. These symptoms show that your stomach is the trouble. To remove the cause is the first thing, and Chamber lain s btomacli and T,iver Tablets will do that. Easy to take and most effec tive. Sold by all dealers. See "Woodburn Orchards Co.'s adver tisement. page 3. tndy-s Issue. TALKS ON TEETH BY THE REX DENTAL CO DENTISTS Everyday Magic Aladdin's lamp transported Its owner rrom Place to place in the twinkling of an eye. That was thousands of years ago, and the lamp was only a myth. But so wonderful that the story has endured to this day. The Alveolar dental method of re storing missing teeth is far more won derful and it is a realifv. It is the dream of the ages in dentistry come true. It has done more than work magic in the mouth, it has shown what good classy dentistry reallv is. It has taught those who came to see what this won drous method is that the dental work they had been getting all their lives from supposedly high-class dentists was ordinary work that could be done bv any average dentist and in many cases It was mere .1unk. If an operator in any of our offices turned out work no bet ter than most of the work we see In patients' mouths done by supposedly high-class dentists he would not hold his Job 24 hours. Alveolar teeth cannot be told from natural teeth, except perhaps they are so much more beautiful than nature's best product that you may be suspected of having visited the Teeth Art Shop 1311 to 314 Ablngton building). If any one is wearing a partial plate or bridge, and has two or more teeth left in either jaw, we will supply a full set, without using plates or bridge work, that will be as firm In the jaws as nature's teeth and aa permanent, and more beautiful. The work is practically painless and carries our guarantee of satisfaction. Curing Ij-orrlie (loose teeth), a dis ease given up by other dentists as in curable, is another of our specialties. We cure it absolutely. It's a boastful statement to make, but we can do any thing that is possible in dentistry, and what we do is always of the very high est class.. Our booklets. Alveolar Den tistry, are free. Write for one if you cannot call. We have samples of our work to show at all times. THE REX DENTAL CO. DENTISTS, 811 to 314 Ablngton Bid., 10 3d St. Sundays. 10 to 12. Keep our Address. Terms to Reliable People. Electropodes lOfCurelQj f 'i no If i 'V)? Article A wonderful. Mimple device which produces MtonlnliiiiB nerve at react!. We offer no rjtameiit, mm oar con tract covers It all. All drnsertsta are Instructed to a Jam a bin dinar lesral con tract with each pnrchaae of ELECTRO PODES, acrreeins to refund the moay without a qu eat ion If They fall to cure Hheumatlam la any form nervous head aches and all other nervous ailments, or fail to restore a Brood circulation of t he Mood. I f ELECTROPODES euro they cost one dollar, and positively not one cent If they fail to care. If your druKsriBt cannot supply you send I.H direct to the WESTERN ELECTROPODE COMPANY, SKV lo Angeles street. lum Ausreles, California, and they will see that yon are supplleaV REACHING THE RENTING AGENT HOUSE HUNTING is made easy, by the use of th! Telephone. Few people realize how much business they can do andhow quickly they can do it over the wire. It is not even necessary to be in the same town, be cause the Long Distance Service of the Bell System brings every one within talking distance. In all the business and social affairs of life, peo ple put their trust in the Bell Service because it is universal. The Pacific Telephone and Telegraph Company Every Bell Telephone Is the Center oC the System. For the Sake of The Children The Home The Guest The Unlimited Pleasure Which can be derived from a piano, not alone by the player, but by the entire household, makes one almost a necessity in the home We sell our own makes exclusively. Direct From Factory to You At factory prices and on very easy pay ments. A high-grade piano with a 20 year written guarantee. Call on us and let us tell you about the Bush & Lane Piano. FUEL REDUCTION P-pPn SlsrWOrtrl 4-oot wo6i S2.00 per cord Vareen oiaowooa shortwood, $2.00 per load First district, 25o additional each ten blocks. On all orders plaeed during April, for immediate delivery ouly. WELLINGTON COAL Banfield, Veysey Fuel Co. Main S53. No. 75 Fifth Street. A 3353.