6 THE MORNING OREGONIAy, WEDNHSDAT, APRIL 6, 1910. COURT DECISION HITS PINGHOTISM Forest Service Loses Powers Abrogated to Itself by f; Deposed Chief. WESTERN VIEWS APPROVED Congress, It Is Believed, Will Enact pfecessary Reserve Regulations J Into Laws In This Work Sen- ; a tor Heybnrn Will Figure. ;,OREGONTIAN NEWS BUREAU, Wash dnerton, April 6. The recent decision of the United States Supreme Court tat the ForeBt Service Is without au thority to prosecute criminally persons mho violate their regulations bids fair t$ undermine much of the work of the ek-forester. Glfford Pine hot, and may apd probably will result in a more or ls complete reorganization of the methods of the Fore&t Service. jThls decision, coming from the high est court In the land, leaves no ques ton a to the illegality of multltudin tis acts of Mr. Pinchot, and sustains the complaint long made In the West tiat the Forest Service was arrogating t$ itself powers which could be exer cised by Congress alone. And, incident ally, the Supreme Court has placed its stamp of approval upon many of the contentions of Senator Heyburn, reiter ated time and again in his seven-year tffe-ht. " Fines Not Yet Keturned. The Forest Service, under general au thority conferred by the act of June 4, 1897, has established all manner of regulations governing forest reserves. Under this authority it has virtually levied taxes In the form of grazing and other permits; it has undertaken to con trol absolutely forest reserves as it saw fit and has, up to the present time, im posed and collected .fines from persons who violated these regulations. All these criminal prosecutions are now held to have been illegal, and it Is probable that all the fines which have been collected will be placed in the same category. Whether or not they will be returned Is a matter for future determination. The essential thing at present is that the Forest Service is npw forbidden to promulgate and en force regulations which have the force of law, and without the authority to prosecute those who violate such regu lations as remain there is serious ques tion as to whether the service Is really lo position to make any of its regu lations effective. Heyburn Wins at Iist. "From the very outset of his long fight on the Forest Service, Senator Jfoyburn contended, as the Supreme Court now holds, that Congress had not the constitutional authority to dele kkJ e legislative authority to an execu tive officer of the Government. He held that the Forest Service could not main tain regulations which would have the force of law, and year after year he expounded this theory, but met with little response, for Congress always re fused to take cognizance of his com plaints. The Idaho Senator held that Congress. If it saw fit, could expressly provide a means for regulating grazing on reserves, for disposing of timber in reserves; could Impose a specific charge for the use of the range, for the cut ting of timber, etc., but could not trans fer this power to the Forest Service, to the Secretary of Agriculture, or to tny other officer. The Forest Service has all along en tertained hope that the Supreme Court would sustain Its contentions, hold that it could promulgate and enforce its reg ulations and prosecute persons whj vio lated such regulations. The question Jiad been variously decided by different United States District Courts, and the majority of the decisions. It is reported, favored the Pinchot idea. But when the Supreme Court acted It held with Judge Wellborn, of the Southern Dis trict of California, overruled the con tention of the service and In effect re versed the findings of all lower courts which stood by Pinchot. '. Congress Sees Tak Ahead. Inasmuch as Oifford Pinchot Is no longer at the head of the Forest Serv ice, It is presumed in official Washing ton that the ruling of the United States Supreme Court will be accepted as final and that the Forest Service, under its new head, will show due regard for the opinion of the court. Just what Is to te done with the vast collection of regulations drafted by Pinchot Is yet a question. It is likely that many of them will stand for the time being, even though the Forest Service is with out legal authority to bring criminal prosecution against violators of such regulations, for the moral effect of the regulations will remain and will, to some extent, compel observance. Apparently, the only course left open is to appeal to Congress to do just -what Senator Heyburn has been urg ing for years to enact Into law those of the regulations that should be main tained, and to cast aside those that do not meet with approval. If this sub ject is opened up, and it probably will be. a somewhat protracted discussion is likely to ensue, for there Is wide diversity of opinion in Congress as to Just how forest reserves should be -managed, and what charges should be imposed for the use of their natural resources. In. any such debate Senator Heyburn will naturally come to the front as leader, for the decision of the Supreme Court is complete vindication for him and for his views. GILLNET FOUND, MEN GONE Darkness Aids Eeaiie Man to Be Tried for Having Salmon. ASTORIA. Or.. April 5. (Special.) When patrolling in Prairie Channel last ni?ht Water Bailiff Gor picked up a gill ret that was drifting in the river but the fi slier men escaped in the darkness. William Kline, of Svensen, who was arrested a few days ago on a charge of having salmon in his possession in the closed season, was arraigned in the Justice Court today and held under $100 bonds to appear for trial before a jury tomorrow afternoon. METHODIST PASTORS MEET Couventlon of Salem District Meets at Oregon City. OREGON CITY, Or.. April o. (Spe cial.) Clergymen of the Methodist F.placopal Church from every part of the ealem district, embracing a part of Portland and the Willamette Valley, are arriving In the city to attend the Salem district preachers meeting, which will be held here Wednesday and Thursday- James Moore Is the district superintendent. The mid-year examinations under the direction of J. T. Abbott, chairman of the board of examiners, will be held tomorrow morning and the programme for the remainder of the session fol lows: Wednesday afternoon Greetings and or-g-antz&tlon. papers, "The Pator- Evange list," C. M. Van Marter; "The Ideal Preacher A. R. Maclean ; "How to re velop a Hard Charge," H. W. Kuhlman ; ""I he Preacher &s a Prophet J. T. Moore; "After the Revival," M. B. Parouanagian ; The Mission of Methodism." A. B. Calder. "Wednesday evening Praise service, con ducted. ty C Gtttina; 'Tae Relation of the Moral to the Intellectual' Fletcher Horn an, president of Willamette University. Thursday morning Devotional exercises, conducted by Joeeph Knotty Papers. "Our Circuit Problems' Henry Spless; "Old Wine In New Bottles," 8- H. Dewart; "The New Vision In Sunday School Work," J. T. Ab bott; "The Children's Heritage," J. W. Price; . "Some Puzzles of Revivalism," R. C. Blackwell. Thursday afternoon The Pacific Chris tian Union Advocate," R. H. Hughes; "The Holy Spirit as a Factor in the Preacher's Intellectual Work W. C. Renter; "The Signs of the Times," H. I. Kimball, dean of Kimball College of Theology; "The Lay men's Association," represented by A. A. Lee and I. H. Van Winkle; "How to Be a Pastor." W. H. Selleck; "The Boy Problem, How to Solve It F. V. Fisher; "Ruts," H. R. Salisbury. Thursday evening "The Temperance Campaign." addresses by J. R. Knodell, su perintendent Oregon Anti-Saloon League. FENCED IN, WAR IS ON YACOLT FARMERS TAKE QUAR REL TO COUNTY OFFICIALS. Compelled to Climb Barbed-Wire Fence Daily to Get Home, C. H. Seeley Takes Action. VANCOUVER. Wash., April 5. (Spe cial.) Fenced in on three sides by barbed wire and on the fourth side by a moun tain, C. H. Seeley is compelled to climb the fence every time he wishes to come or go from his home. It all happened as a' result of a quarrel between Seeley and a neighbor, wJiich dispute reached a flsrtic encounter today when Seeley called J. Jorgenson, who built the fence, a liar before the Board of County Commission ers. It appears that Seeley owns a small tract of land near Yacolt. and this once was part of the small farm owned by Jorgenson, rwho runs a sawmill on it. Because of a dispute over a logging road, Jorgenson was forced to buy a strip of land past Seeley s place to reach- his tim ber and this sealed Seeley up. As soon as he built the road, he had it fenced on both sides with a high wire and board fence. On top of the fence he placed two wires several inches apart and parallel. Jorgenson, so Seeley asserts, threatened him with bodily injury if he trespassed on his property, but Seely cannot help trespassing when he leaves his home to go to town. Seeley says his little girl had ruined several dresses in climbing the fence and that his wife cannot call on her neighbors very often, as she cannot climb a barb-wire fence with grace and ease. The Commissioners took the matter un der advisement and Seeley went home to aiwait their decision. IS BABY CAB MILK WAGON? Knotty Point Arises in Oregon City Industry and Its Conduct. OREGON. CITY. April 5. (Special.) Whether a baby's go-cart may be used as a vehicle to convoy milk is the question that is before local courts, and will come up before Circuit Judge Campbell tomorrow morning: upon a writ of habeas corpus. F. Hertzig op erates a small dairy and has been de livering milk with a two-wheeled cart. The wheeling of vehicles, other than baby carriages, on the sidewalks is forbidden by ordinance and Hertzig was ordered to discontinue the prac tice. He abandoned his cart and ob tained a new perambulator, in which he placed two large-sized milk cans and proceeded with his delivery. He was rudely interrupted with a warrant for his arrest. Recorder IMmiek this afternoon ruled that Hertzig's action was a technical violation of the ordi nance, but agreed to let him off If he would agree to keep his carriage off the sidewalks. Hertzig declined and was sentenced to pay a fine of $10 or go to Jail. He was Immediately re leased upon habeas corpus proceedings instituted by Attorney Schuebel. La Grande to Debate Pendleton. LA GRANDE, Or., April 5. (Special.) Next Friday La Grande will meet Pen dleton in the final debate in Eastern Ore gon this year and in which the cham pionship of all Eastern Oregon will be decided. By defeating Baker City, La Grande qualified to meet the Pendleton team, champions, of their district. The judges have not been appointed. CORNELIUS SALOONS WIN People' Tloket, Favoring "Wet" Policy, Is Elected. FOREST GROVE. Or., April 5. (Spe cial.) Cornelius, three miles east of here will remain "wet" for another year and it is probable that the three saloons now doing business there will receive licenses from the new Council elected yesterday. The People's ticket was ' victorious and it favored the "wet" policy. J. B. Merrill, on the People's ticket, and W. E. Neff. on the Citizen's ticket, each polled 60 votes. The ne"w officers are H. Challacombe, president of the council; councllmen, George Holscher, H. A. Lytle, A. Ben son, the fourth to be selected from the two candidates tleing. The present in cumbent. F. L. Geiger. was re-elected recorder and A. S. Hendricks was elect ed treasurer. WATER BONDS VOTED BY CITY St. Helens Will Expend $50,000 for Municipal System. ST. HELENS, Or.. April 5. (Special.) St. Helens taxpayers yesterday gave an almost unanimous verdict for a $50,000 bond tesue for construction of a muni cipal water system. Preliminary survey work has been done and the contract for the system will be let fcs sooa as possible. The source of supply is a mountain creek about ten miles from the city and it te said to- be abundant for a city of 20.000 inhabitants. The proposition to consolidate with Houlton was carried by nearly three to one, but the Houlton people, by the narrow margin of six. voted against con solidation. The city ticket elcted is as follows: Mayor. M. B. Miller; Council men. Michael Fresh. James Dart, E. - C. Quick, A. B. Lake: Treasurer, TV.- A. Harris; Recorder. George H. " Flagg; Marshal. R. S. Hattan; 'Water Commis sioner. H. I. McOormiek. Read about free excursion given by woodbum Orchard Co.- on page. . YOUNG R1NGL1NG9 CONFESSES FRAUD Stripped of New Clothing, Im postor Leaves Albany in Hobo Garb. FREE BOARD HIS OBJECT Arrested for Annoying Young Wom an He Is Ordered Out of Town, Effort to Buy Automobile on Credit Unsuccessful. ALBANY, Or., April 5. (Special.) Lodged: in jail late last night for trying- to force his attentions upon a young -woman, the youth who asserted that he was a son of Al Ring-ling-, one of the owners of the big Ringling cir cus, today confessed that his name Is not Ringling and that his stories about establishing Winter quarters in Al bany for one of the big Ringling shows were creations of his brain. He is a half-breed Indian named Baxter. His purpose In telling these stories was to secure free board and an automo bile and some other property. Baxter came here three months ago and secured work, in the roundhouse of the CorvaLlis & Eastern Railroad. He began boarding with the family of H. J. Ruiter and told members of the fam ily that he was a son of Al Ringling and that his name was Al Ringling, Jr. He said that hehad had trouble with his father and had left home without an income. About a month ago he produced alleged letters from his father, telling him that since he had quit drinking and gone to work he would be received back home, and upon the strength of these letters, which indicated a big income soon, he quit work. He tried to secure clothing and a watch at local stores upon the asser tion that he was a Ringling, but got nothing until Ruiter went with him to a local clothing store and guaranteed a bill for a complete outfit of cloth ing. Two weeks ago the young man be gan to circulate a story that he had induced his father to select Albany as a site for Winter quarters for one of the big- Ringling shows and an nounced that he had secured a 300-acre farm three miles east of Albany for the purpose. Thomas Froman, owner of" tne farm which the pseudo Ringling al leged he had secured, said that no one ever had approached him to buy the farm. About the time he began to circulate this story the . young man went to the store of Barret Brothers and bar gained for an automobile. He selected a high-priced machine, but when he did not have the money to pay a deposit to hold It Barret Brothers re fused to let him have the automobile, and it never left their store. The day following an intimation thct he might be a "fake" he boarded a northbound train. From Portland he sent a telegram to Manager Struble, of the Albany Commercial Club, which purported to be from Al Ringling, say ing he had reached Portland, but was too busy to come to Albany and was sending his son instead and asking Struble to see his "son" and help "get things going." He then returned here and last night tried to force , his attentions on a young woman employed at the home of J. B. Gentry. He hung around the Gentry home for some time and Chief of Police Munkers arrested him. He was placed in the county jail for the night and confessed to Munkers ai.d Sheriff Smith. He was discharged upon his agreement to leave Albany at once. Ruiter made him take off all the new clothes he had purchased for him and don the hobo garb in which he had arrived in Albany, and he left town. IN LOVE, LAZIC IS SUICIDE Portland Contractor Wades Into Butler's Lake and Drowns. STEVEXSON, Wash., April 5. (Spe cial.) Disappointment in love is believed to be the reason for the suicide of Fred Lazic, a contractor, in the waters of But ler's Lake, 12 miles from here, this morn ing, lazic waded out into the lake un til the water was over his head. He left a. letter to his partner, Rudolph Koch, in which said: "I am tired of life and will make an - i Harry C. MeAIllMer. Muter Fish Warden of Oregon, Elected President of Coast Hatchery Superintendents, end of it. You will find me m Butler's Lake. x My dear friend, don't let me lie there 'like a beast, but set me out and give me a decent burial." In this letter he said he had left J2250 to a school . friend, and the rest . of his money he wanted Koch to have. Koch said the only reason he could think of for the deed was an affection Lazic had for "his sister Emma which was ' not re turned. -Lazic o far as is known Bad no bad hlbits and was savins in his disposition. He was reported to be worth about $12. 000. In Portland he lived at the Hotel Hart. The funeral will be held Thursday and ha will be burled in Cascade. Cemetery, six miles below Stevenson. f ni Vir rin.ii.r.nli itln . When a remedy has lived for over thirty years, steadily growing in popularity and influence, and thousands upon thousands of women declare they owe their very lives to it, is it not reasonable to believe that it is an article of great merit? ' We challenge the world to show any other one remedy for a special class of disease which has attained such an enormous demand and maintained it for so many years as has Lydia ELPinkhain's Vegetable Compound, the famous woman's remedy for woman's ills. Unless it is a very good medicine and the claims made for it are honest, such a record would have been impossible fraud or misrepresentations would long ago have been detected and the business gone into oblivion. Read tljis unsolicited letter : Corry, Pa. " I am happy to write you about the benefit I received from Lydia E. Pinkham's Vegetable Compound. Before my marriage two years ago, I suffered something awful every month with pains and other distressing symptoms, and I took Iiydia E. Plnkham's Vegetable Compound in dry form. Since then I have never been troubled with pain, not even a dull backache or headache, and it has helped me a good deal before childbirth. I recommend your medicine wherever I go.'" Mrs. E. E. Boss, 113 E. Church St., Corry, Pa. When a woman like Mrs. Ross is generous enough to write such a letter as the above for publication, she should at least be given credit for a sincere desire to help other suffering women. For we assure you there is no other reason why she should court such publicity. We say it in all sincerity and friendships-try this medicine. For 30 years Lydia E. Plnkham's Vegetable Compound has been the standard remedy for female ills. Ko sick woman does justice to herself who will not try this famous medicine. Made exclusively from roots and herbs, and has thousands of cures to its credit. wmpB, Mrs. Pinkham invites all sick women to write her for advice. She has guided thousands to health free of charge. Address Mrs. Pinkham, Lynn, Mass. SAVE SALMON, PLAN Hatchery Superintendents of Coast Organize. M'ALLISTER IS PRESIDENT Master Fish Warden Heads Organi zation AVith Washington State Official Vice-President An nual Meetings Planned.. " SALEM, Or., April 5. (Special.) Permanent organization of hatchery superintendents of the Pacific Coast for the purpose of working- to prevent further abnormal depletion of the sal mon supply was effected in the offices of Master Fish Warden H. C. McAllister In the statehouse. Government superintendents as well as those in the state services will Join in the work which consists largely In imparting to the ' public a better understanding of the facts in the case. In addition, the organization will make it a point to keep fully informed on all late methods of fish propagation and there will be a general meeting at least once a year for the purpose of exchanging ideas'. It was made plain from 'the reports of superintedents during the closing hours of their first convention this morning that enough salmon do not reach the spawning beds. The supply that escapes fishermen with their hun dred "and one devices does not suffice to meet the demands of the United States Bureau of Fisheries and of the state bureaus. It was shown that more fish must be had. And it is the purpose of the new organization to pursue whatever methods may be re quired to bring about that end. Mr. McAllister was unanimously named as president of the new organi zation, which is to be known as the Association of Pacific Coast Salmon Hatchery Superintendents. John M. Crawford, head of the Washington Fisheries Bureau, was named as vice president; Henry O'Malley, superintend ent of the United State Bureau in Ore gon, was elected secretary, and E. C. Greenman. state Inspector for Oregon, was named as treasurer. These officers were empowered to consult with rep resentatives of California and Alaska for the purpose of preparing by-laws and mapping out a course of procedure. Mr. Crawford, of the Washington Bu reau, again paid his respects to trap men, cannerymen and cold storage men who seek to defeat legislation look ing toward the conservation of the sal mon Industry. He noted the fact that there was not a single fisherman pres ent at the convention, which had for Its purpose the preservation of salmon. "But if this was some sort of a leg islative gathering, with power to make laws. I dare say there would be a goodly representation of the fishing interests at hand," said he. "Not that I blame all those people." he added, "for some of them are earnestly in terested, realizing that it is to their advantage to have the salmon industry regulated and safeguarded. It is those that are derelict that I blame those who can see no further than today. "It is to the interest of all fisher men and all fishing interests to see that the salmon are protected. When they fight measures that have that end In view they are really fighting against their own Interest. If they could be brought to realize and respect that fact there would be no further difficulty." During the forenoon interesting tech nical papers relating to the propaga tion of salmon were read by Superin tendents J. W. Berrian. Edward Nach land, M. L. Ryckman. Frank W. Smith and W. A. Smith. All those in attend ance left fer Portland late In the af ternoon. Tomorrow will be spent at the Bonneville central hatchery, after which the superintendents will return to their stations. INDIAN LITIGANTS GONE Federal Court Likely-to Have Short Session at Pendleton. PENDLETON, Or., April 6. (Spe cial.) For the 'first time since the cre ation of the Eastern Oregon District of the United States Courts, the Fed eral Court is in session here. With Judge It. S. Bean on the bench. Clerk G. H. Marsh, of the United States Cir cuit Court of Oregon, as clerk, and United States Deputy Marshal C. R. Nicholson In attendance, the first terra of court was convened at 10 o'clock this morning, and the work of clearing the docket was commenced Because it has been impossible to locate many of the Indians who are litigants in a large number of the Appendicitis How to Avoid It and Escape a Surgi cal Operation, Told by One Who Knows. A Simple Method That Is Always Effl ca clous lal Pn ckase Free. It has only been a few years since it was discovered that a surgical opera tion would cure appendicitis; in fact, it has been but a short time since the dis ease was discovered and named. "Whenever there is an inflamed con dition of the appendix, caused by im pacted faeces in the small cavity open, ing into the intestine, you then have appendicitis. The older doctors used to call this Inflammation of the bowels, and were puzzled to know the cause. Even now, with all the knowledge we have of the disease, no medical man can tell you why we should have an appendix,- why we find it where it is, or what are its functions, if it has any. The disease for which the operation is a cure is usually caused by indiges tion, and in many cases follows a large and indigestible meal. Physicians have until recently recom mended an operation, but now, as It is known that It is caused by indigestion, or dyspepsia, a cure without an opera tion is assured. - Where the patient is treated with Stuart's Dyspepsia Tablets, the un healthy conditions prevailing rapidly disappear, the stomach and intestines are placed back in their normal con dition, every organ of the body oper ates as it should, and the inflamma tion is reduced and the operation is avoided. Conscientious physicians, who are looking after the best interests of their patients, will always keep a supply of Stuart's Dyspepsia Tablets handy in their office, where In cases of sudden attacks of indigestion they can relieve the patient at once. There is no record of a case of ap pendicitis where the stomach and bowels were in a healthy condition and properly digested the food from meal to meal. No better advice can be given to any one who has attacks of Indigestion, or who has been threatened with appen dicitis, than to tell him to go to the drug store, pay 50 cents, and take home a package of Stuart's Dyspepsia Tablets. Whenever heartburn, gas In stomach or bowels, heart disease or stomach troubles, sour eructations, acidity or fermentation are present, act at once. Take a dose of the Tablets and get xe lief as soon as possible. At all druggists 50 cents. Send us your name and address to day and we will at once send you by mail a sample package free. Address F. A Stuart Co., 150 Stuart Blds Mar shall, Mich- il 5 0FFICC A3T 7 Of aaaqaaa Irvington Prices Advance May 1st A $200 RAISE ON EVERY LOT In the section shown blocked out on the map. If you want to take advantage of a $200 saving come out and select your lot NOW. Work is under way on the Fifteenth-street ex tension of the Irvington line. When this line is finished, prices of these lots will double. rhe best service streetcar line in Portland passes within one block of these lots. Cars every three to five minutes ,and only a twelve minute ride to these lots NOW. The section in which these lots are located is the finest improved residence section in Port land. It is completely and generously im proved. All improvements are bonded. It is in this section that values will be the greatest in the future. Restrictions call for houses to be set at least 25 feet back from the property line and cost a minimum of $2500. The Irvington school is but one block away one of Portland's largest. Come out and see for yourself the advantage of buying in this section, either for home build ing or for investment. Take Woodlawn, Al. berta or any other Union avenue car at Fifth and Washington. Get off at Knott. Walk one block east to our Irvington offioe and the lots. Rountree & Diamond cased, it is believed that the court ses sion will not last out the week. One of the most Important cases on the docket, that of Minnie Joshua against th Northern Pacific Railway, has been settled. The plaintiff is an Indian woman. who brought suit against the railroad to recover $5000 damages for injuries in & train wreck near this city, three years ago. Under The President's opinion of what is whiskey required 3994 words. Just 4 words, "Ahf That is -whiskey" would have been his opinion of rtod old Bottled In Bon& Since 1857, the Government's Standard of Purity. Send for a free copy of "Making the Standard Rye Whiskey o( America". A. Gackeaatimer tt Brat., DutiHers, PitUborf. Since 1857. Dr. Wythe's Dentists "Incorporated 148 Fifth Street, Opposite Meier Crown and Bridge Teeth Made With the Wythe System. We will continue to do all work at greatly reduced prices until every one knows of Dr. Wythe and his corps of skilled workmen. All work attended to with the greatest skill and care possible. We can prove to the most skeptical that the Dr. Wythe's Dentists are equipped to do work that no other dentists in this city even know of. Modern Cast Metal Plates, Modern Cast Alveolar Work; Modern Continuous Gum Teeth, with nature reproduced and the strength of whalebone. For a short time our manager will take visitors through our me chanical laboratory and explain the workings of all our late im proved machinery, patented and installed expressly to carry on the Dr. Wythe's System of Painless Dentistry in our newly equipped offices AT 148 FIFTH STREET Opposite Meier & Frank's Fifth Street Entrance. Honrs 8:30 to 8:00. Sundays, 8:30 to 2:00. Lady assistant always in attendance. I JfrVMOTOM SCHOOL 241 Stark the terms of tha settlement she will receive $2500. The only other jury case on the docket Is that of Walter Niedner, as receiver of the . defunct Farmers & Traders National Bank of La Grande, against F. C. Bramwell. It is a suit -brought to collect a balance of ap-; proximately $700, alleged to be due on a promissory note. & Frank's Fifth Street Entrance Full Set 20K Solid Cold TEETH Worth $75.00 for S15.00. iskcy 9 1 BOmONBONg 4