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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 3, 1910)
4 1 VOL,. jL. XO. 15,450. PORTLAND, OREGON, FRIDAY, JUNE 3, 1910. PRICE FIVE CENTS. UNCLESAW1 STARTS 145,00(1,000 SUIT 3,000,000 Acres Ore gon Land Involved. HORSE RACE ENDS IN JOCKEY'S DEATH CHANNEL GROSSED AUGUST BELMONT IS HURT IN POLO GAME E FILE RATES R00SEVELTTOTOUR FISH INQUIRY TQ WORLD FOR PEACE TWICE BY E IiAXGAX KILLED IXSTA-VTLY IX MALLET BECOMES EXTAXGLED PROPOSED . HE HEAD COMMIS LAST RACE AT GRAVESESD. IN POST'S FEET. SION TO SEEK NATIONS' HELP. ROADS HIT OR N HO SENSATIONS GRANT FORFEITURE SOUGHT Action Against Oregon & Cali fornia Road Bitter. SAYS TERMS VIOLATED? Government Contends Parts of Valu able Property Have Been Sold at High Prices "icto.-y Will ', Mean Public Opening. After 14 months of preparation, B. T. Townsend. special prosecutor for the United States, yesterday filed by mail a brief containing the case of the United States in its suit against the Oregon & California Railroad Com pany, et al, a suit by all odds the most important ever filed in Oregon, and one involving the ownership of about 3,000,000 acres of Orearon land valued at between J45.000.00C and $50,000,000. This brief is, in effect, a thesis cov ering every possible phase of the point at issue and contains 820 pages of the history, argument, etc., of the case. In a word, the suit of the Government i3 to set aside the grants of 1866 and 1S70 to the railroad, consisting of about 3,800,000 acres of land, and to regain possession of the 3,000,000 acrts of unsold lands on the contention that the railroad company has flagrantly vio lated the conditions of the grant which were that the land be sold to actual Bettlers only in quantities not greater than one-quarter section to one pur chaser and for a price not exceeding $2.50 per acre. Forfeiture of La,nds Sought. The contention is that with this al leged violation the lands remaining un sold have been and are forfeited to the United States. The railroad company makes no as sertion that it has not "sold the lands In larger quantities than blocks of quarter sections, nor that it has not sold the lands at prices above the figure of $2.50 an acre. That great quantities of this land have been sold to the great mill companies at prices of from $25 to $1000 an acre is openly admitted, but the railroad company makes the '7 contention that the lands are its own in fee simple owing to the fact that the patents have been issued already. The gigantic suit originated on Feb ruary It, 1907, when the Legislature of Oregon adopted a memorial ad dressed to the President complaining of the violations of the act of April 10, 1S69, by the withdrawal of the lands from sale. On April 30, 1908, Congress passed a resolution providing for the prosecutton of the necessary suits at law in reference to the violations of the act. There had, however, already been filed 65 suits against the Oregon & California Railroad Co. by private Individuals who had settled on the railroad lands and made the tender of $2.50 an acre for the land. These suits Bought for recognition of the Congres sional grant and prayed an order of the court that deeds for the lands be Issued them. The issue came up in October, 190S, and in March, 1909, the case was argued by Mr. Townsend. the special prose cutor, before Judge WoK-erton, the presentation of the argument requiring an entire week. This was followed by a reply from Judge W. I. Kenton and P. F. Dunne, general attorney for the Southern Pacitic Railway Company. The court then asked for written briefs, allowing the Government 90 days to file its brief, and the railroad 30 days more for Its reply. Mr. Townsend immediately went to Washington, where he conferred with the Attorney-General and with whom be has been in consultation ever since In the preparation of the voluminous document which was filed late last night. . Vast Acreage Covered.. The greater part of the lands in volved are located on the line of the Southern Pacific Railroad between Fortland and Ashland, being 20 and 30 miles back from the right of way on each side of the tracks and consist ing of the alternating sections ar ranged as a checkerboard. The lands along the Willamette Valley were set tled and sold, regardless of price, and these sold lands are not at issue in the present suit. The remaining lands involved in the grant are those in the alternate sec tions .within the 20 and 25-mile limits on the line from Portland to McMinn ville by way of Forest Grove. These lands are those acquired by the rail road company in the grant of May 4, 1870, while the original grant was that of July 25, 1866. which was amended by an act of April 10. 1S69. The vast acreage held by the com pany, for . which tenders of $2.50 an acre have repeatedly been refused by the company, comprise a great wealth of timber lands In Oregon, as well as some decidedly valuable agricultural land. It is said that since the Oregon & California Railroad Company has held these lands the railroad has paid no attention to the provisions of the (Concluded on Faz la. Horse Falls Over Two Prostrate Ani mals, Throws Him and Falls Cpon Him. GRAVESEND. N. Y., June 2. Jockey Fred Langan, mounted on Stalwart Lad, was instantly killed when his mount fell on the home-stretch turn in the closing race. The race was for 2-year-olds at five and one-half furlongs, and 13 horses faced the barrier. The start was good and the field went off in a close bunch to the stretch turn, where Warwick, Butwell up, stumbled and fell Muff, Davis riding, stumbled over Warwick. Immediately following was Langan on Stalwart Lad. He turned a complete somersault over the prostrate forms of the two horses and his mount fell on top of him,, killing him Instantly. When the big crowd saw Warwick fall,' a cry of dismay and horror went up that was immediately followed by another when Muff and Stalwart Lad stumbled over him. Davis jumped up at once, but Butwell lay still until he was picked up, and Langan never moved. Butwell broke his nose, but Dayls escaped uninjured. Langan was under contract to R. F. Carman and rode with good success at the Jacksonville meeting last Winter. He had been with the thoroughbreds only about a year. Gold of Ophir easily won the race by three lengths. BLOW GIVEN PROHIBITION AH Petitions Filed With Secretary of State Irregular. SALEM, Or., June 2. (Special.) H. H. Corey, chief clerk of the Secretary of State's office, says nearly all the pe titions for submission to the voters of the state-wide prohibition question do not comply with the law and cannot be filed and the question submited until the defects shall have been remedied. The lists of names are not sworn to and are not copied on the back of the sheets, as required. Also many have been sent in by mail by unknown per sons, and not consecutively numbered. as the law requires. Grant Kellogg, editor of a local pro hibition weekly paper, this afternoon called at the Secretary's office for the petitions, which will be made to con form to the law before being again of fered for filing. WIFE SEES SPOUSE KILLED Man's Body Dangles on Wire While Woman Seeks Aid. NORTH YAKIMA. Wash., June 2. (Special.) Killed within sight of his wire, -who was watching him at work Jeff Broulllet, 30 years old, met his death this afternoon while repairing tne nign power wires which sunnlv the pumping station for Terrace Heights, 24 miles east of this citv The accident occurred about 6 o'clock and the man s body was left hangln; on the pole for an hour, while the dis tracted wife telephoned to the city for neip. His body was .supported by the leather brace which he wore about his waist. He is survived by his wife and sev eral brothers and sisters. An inquest wm pe neia on Friday. LABOR UNIONS EXEMPTED Honse Bars Prosecutions tnder Anti-Trust Law. WASHINGTON.." June ment to the sundry civil appropriation auoptea oy tne House today stipu lates that no nn rt of t ho inn nnn vided in tha bill for the enforcement or tne bnernian anti-trust law can b used in theprosecution of labor organi Tawnev resisted the Bmpmim.i received little support from his' co leagues: The amendment was adopted by vote of 81 to 52. indicating that members present failed to vote. ' Democrats voted solidly for the ame The ment and some Republican "insur gents joined tnem. WORKING GIRLS DEPRIVED Captain of Volunteers of America Vsed Funds for Self Sentenced. ST. PAUL, June 2. Timothy Murphy formerly a captain of the Volunteers of America here, was today sentenced to serve seven years in the State Prison by Judge Halam in the District Court. Murptiy was convicted of converting $1250 collected on March 17 for a work ing girls' home on behalf of the Volun- I teers to his personal use. A stay of sentence until June 4 was given to permit the accused to perfect an appeal to the Supreme Court. SUFFRAGE GOES ON EALL0T Oklahoma to Settle Question at No vember Election. GUTHRPE, Okla.. June 2. Whether women will be granted suffrage in Okla- I homa will be decided at the regular elec tion to be held in November. The last obstacle in the way of voting on this question was removed yesterday when the State Supreme Court sustained the action of Secretary of State Cross in overruling objections to the petition of the suffragists asking that the Question be submittted to the voters. Biplane Makes Voyage in 90 Minutes. FRENCH RECORD IS ECLIPSED Briton in American Machine Does Double Feat. SWIFT CRAFT DISTANCED Captain Rolls Flies From Dover to Calais and Returns Without Alighting -Motor Does Not Once Miss Sparking. DOVER, England, June 2. In 90 minutes, and without alighting. Captain the Hon. Charles Stewart Rolls, of the London section of the British army motor service, sailed a Wright biplane from Dover to Calais today and re turned without alighting. His motor never missed sparking once.x The flight was sensational. Great crowds lined the cliffs as the start was made. Three of the swiftest torpedo craft of the British navy were sta tioned at different points in the chan nel. and as the aeroplane approached them they steamed full speed in the ef fort to keep within conveaient distance in the event of mishap. But the flying machine easily distanced them. Frenchmen's Feat Doubled. Rolls left Dover at 6:30 P. M., bent on eclipsing the channel record here tofore held by France. Louis Bleriot and Count De Lesseps had crossed the channel, but only in a single direction, and neither had made the return voy age. Flying at a height of 800 feet, which he attained at once upon taking the air. Captain Rolls accomplished the feat so easily that he is today the hero of all Britain. The fact that his ma chine is of American make makes it a vindication of the Anglo-Saxon in aero nautics Weather conditions were perfect. There was almost no breeze blowing. For this country, the air was clear. The aviator skimmed like a bird as he rapidly grew fainter and fainter in the distance, racing the torpedo boats sta tioned in the channel. From the shore It could be seen that he was distancing them easily. With powerful glasses the watchers on the cliffs followed the course of the great winged ship until when within two miles of the French coast, it disappeared from view. Message Dropped From Sky. . Soon the Sandgate Cliffs were reached. Passing over them Captain Rolls dropped a paper bag tied with tri-col ored ribbons and containing the mes sage: Greetings to the Aero Club of France; dropped from a Wright aero plane crossing from England to France. Vive l'entente." Rolls circled over the cliffs, and without diminishing his speed, headed straight for sea in the opposite dlrec tlon. He was going 30 miles an hour, his motor running smoothly. Soon a black speck became visible to the watchers on the Albion Cliffs. A great cheer went up and the peo (Concluded on Page lft.) . I IN A TIGHT PLACE. e t T I ' V X&Stfi X.--AXV rYYYNJt YV XYW. "1 1 I I 1 I I m I I I K1J i i i i i i i J i i n-m I f II . I i mmmmmm i 1 1 & n ivi m mm imssmmn X ' , . - - . . t Family Says Wrist Is Broken. Neighbors Hear Injuries Are More Serious. NEW YORK, June 2. August Bel mont was thrown from his horse this afternoon when playing polo at the Meadow Brook Hunt Club. There were rumors that he had been seriously Injured, but at his home it was said tonight that he had only been severely shaken up and would be about. as usual, in a day ' cr two. At the Meadow Brook Club it was said- that a wrist 'had been broken. Mr. Belmont was following the ball and made a forward stroke with his mallet, which entangled itself with his horse's fore feet. The animal was in full gallop, and in tripping turned a complete somersault. Fortunately Mr. Belmont was thrown clear. The horse rolled over several times, but did not strike Mr. Belmont with his feet or roll on him. Mrs. Belmont, who was Eleanor Rob- son and is a bride of only a few- months, was informed immediately by telephone and hurried out to the club in an automobile. At Hempstead, Long Island, where Mr. Belmont has his country place, it was said that his injuries were more serious than his family were willing to admit in New York. Reports there were that Mr. Belmont had suffered a broken rib. that his scalp was torn and his face bruisej and lacerated. I INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 59 degrees; minimum, 50 degrees. TODAY'S Fair and warmer; northwesterly winds. Foreign. British army officer in American aeroplane crosses Irom Dover to Calais and return without alighting. In 90 minutes, page i. National. Taft favors appointing Roosfevelt chairman of World peace Commission, page 1. Roads in East and Middle West file notice of increased rates, makin g practicaly every road in country advancing. Page 1. Senate amendment to railroad bill regulat ing Injunction proceedings Involving state laws gains Democratic support for administration bill. Page 3. Politics. Ex-Governor Folk, of Missouri, wants Demo cratlc nomination for President in 1012. Page 0. Domestic President tells Bryn Mawr students that educated women make best companions. ana mat unmarried women are not nec essarily failures. Page 5. Purses for reat aeroplane flights are aug- uieiiLvu ; tfcv i mi a vniiiusmsm grows. f age z. Indictment of Illinois legislators expected to result irora fish bill Inquiry, page 1. Sport. Pacific Coast League results: Sacramento 4. Portland O; Oakland 2, Los Angeles 1; ban t ranciaco e, ernon 4. Pace S. Johnson's new auto too great temptation: whole staff shirks training for spin. rag? o. Jeff boils over with rage at alleged Inter view witn GUlett calling fight "fake" Gillett repudiates interview. Page 8. Pacific Northweet. Attendance large at convention of Oregon inreanermen, at Aioany. rage tj. Boise now hotbed of Idaho's three-cornered political fight for Governorship. Page 7. Spokane postoffice clerk, confessed thief of I2OO0 letter, caught with goods as he is boaring tram on honeymoon trip. Page 7. Fortland and Vicinity. Portland police force Is reviewed at armory. rage lo. Charles Frost, hotel burglar, captured by romand aetective. fage iz. Willamette Baptists declare for state-wide prohibition. Page 20. . Mayor Simon still opposed to acquisition by city or council crest park. . Page 14. Arthur T. Finley withdraws as bondsman for "w. Cooper Morris. Page 13. Armory chosen for rose show, to restore harmony among women. Page 15. George H. Thomas says Democrats should not support "n on -partisans." Page 12. Federal Government starts irigantic suit In volvlng 3,000,000 acres valuable Oregon iana. f age i. IN A TIGHT PLACE - wmmmm mm u Government Attitude Does Not Daunt. ACTION ALMOST UNANIMOUS Attorney-General Does Not Outline His Course. BLAME LAID TO SHIPPERS Injunction Extends Only to Those Commodities Called to Attention of Government Middle West and Eastern Roads Advance. WASHINGTON'. D. C June 2. Un daunted by the Government's proceed ings under the Sherman anti-trust act, by which a part of the proposed In crease in freight rates in territory west of the Mississippi River was suspended by injunction, railroads in the East and Middle West today filed with the Interstate Commerce Commission tar iffs of Increased rates. Attorney-General Wickersham de clines to indicate what course he will pursue in behalf of the Government. The Senate, just on the verge of pass ing the Administration rate bill, hesi tated and finally postponed action until tomorrow. Every I toad Files Increase. Practically every railroa'd system in the North from the Atlantic to the Pacific tonight has filed with the In terstate Commerce Commission the le gal notification of proposed increases in commodity rates. The increases range from 3 to 31 per cent. The day started with the filing of schedules of increases by the New York Central, the West Shore and the Dela ware, Lackawanna & Western.' Then the official proposal from the roads traversing the territory from Chicago and Milwaukee to Indianapolis and Ohio River points 23 in all was brought in. During the afternoon in creased tariffs from the Atlantic sea board to Chicago, St. Paul and inter mediate points were filed. Central Freight Roads Join. Like the revised schedules tiled by the roads west of the Mississippi, the in creased tariffs from the Central Freight Association territory were filed in con- cert. On the other hand, the other roads filed their reserved tariffs individually, The increases proposed by the roads in the Middle West range from 6 to 31 per cent- Those from the Seaboard to the West vary from 3 to 30 per cent. The Baltimore & Ohio's Increases on rates from Chicago to the Seaboard average about 10 per cent. The time set for the increases to go into effect on the Eastern roads was generally July 6. On the roads In the Middle West, July 1 was the date fixed. Before the revised taaiffs began to' pour into the offices of the commission, Attor ney-General Wickersham was receiving telegrams from Western shippers asking him to take action to have the injunction issued by the Federal Court in Missouri (Concluded on Page 2.) I Appointment Favored by Taft and House Committee Limiting of Armaments Is Scheme. WASHINGTON. June 2. Ex-Presl- dent Roosevelt is expected to head a peace commission provided for in a resolution which was favorably acted upon by the House committee on for eign affairs today. President Taft has indicated, it Is said, that he would ap point his predecessor as chairman of the commission in case it was created by Congress. The commission would be directed to visit the capitals in all foreign coun tries in the interest of securing limita tion of armament of nations and of preserving international peace. the committee today instructed Rep resentative Bennett, of New York, to combine his resolution orovidinar fnr such a commission to be composed of five members, with a similar resolu tion introduced by Representative Bartholdt, of Missouri. The resolution which the committee will report will provide for a commis slon empowered to "consider the expe diency of utilizing constitutional agen cies for the purpose of limiting arma ment or tne nations of the world bv international agreement and of consti tuting tne combined navies of the world as an International force for the preservation of universal peace." It is said President Taft regards the ex-President as the one man in the United States to lead such : move- ment, launched by this nation. DETECTIVE BACKS DOWN "Golden Rule" Chief's Prosecution Gets Double Setback. CLiSVELAXD, O., June 2. (Special.) The third day of the trial of "Guidon Rule" Chief of Police Kohler on charges of immorality and drunkenness brought .a sensation this afternoon when one of the prosecution's most Important witnesses practically contradicted the evidence which it had been asserted he would give. The witness was a detective, who. It was said, would testify that he had been sent out by Chief Kohler to "beat up" a newspaper reporter, but . today the de tective swore that Kohler had never in structed him or even intimated that such a tltlng should be done. The prosecution also received & set back in respect to another important charge of immorality. They had declared that the chief had instructed his men to disregard a certain class of offenses, but on cross-examination of witnesses it was shown that the chief's words were part of a lecture on the "Golden Rule." HORSE KILLS SELF IN WELL Elk City Animal Found Sitting 'Up right in Cave-In. ELK CITY, Or., June 2. (Special.) Jim, the old family horse belonging to S.- W. Scoville, of this place, slipped while grazing near the house of his master and fell, in a sitting position, to the bottom of a well 15 feet deep. Mem bers of the family, who were attracted to the cene of the accident, found the horse sitting upright and able to whinny for assistance. A sloping trench was dug into the well so that the animal might walk out but just as the last necessary shovelfuls of earth were being removed from about the horse's shoulders he flounced and strug gled, knocking his head against the rock sides of the well and causing his death. The horse was 12 years old and had a mark of 2:40, hitched to a road wagon. CHILD DROWNED AT PLAY Five-Tear-Old Falls From Bridge Crossing Swift Stream. DAYTON, Wash., June 2. (Special.) "I'm going to play with Agnes, Mamma, tid 5-year-old Yt-tes Morris, son of G. E. Morris, this morning. Half an hour later, while attempting to cross the Dayton Electric Light Com pany's race on a foot bridge, the child fell into the swift current and was drowned. His little playmate cried out for help and Mrs. J. 'A. Ralph heard her. Mr. Ralph was summoned from his down town office by telephone and quickly in augurated a search. The child was found four blocks down the stream. Physicians were called, but he was dead. Many youthful victims have been claimed by the stream. MANIAC ATTACKS DOCTOR Patient at Asylum for Insane Fells Physician With Rock. SALEM. Or., June 2. (Special.) While making his rounds at the asylum yester day morning. Dr. Tamiesie, of the asylum staff, was attacked by a patient in the criminal Insane ward. The insane man had concealed a rock in his pocket and when Dr. Tamiesie passed along the corridor, the patient hurled the rock, which struck Dr. Tam iesie in the head, felling him. The phy sician was unconscious for some time but has now nearly recovered. COUNTY IN BAD CONDITION At Schenectady 50 Indictments Are Found by Grand Jury. SCHENECTADY, N. Y., June 2. The special grand jury, which was con vened here on May 16 on Governor Hughes' orders to investigate alleged county grafting cases, reported to Judge Van Kirk today. It handed up 50 indictments against 27 persons, Including, it is said, the majority of members of the Board of Supervisors, an ex-Sheriff and contrac- i tors and merchants. Money Given to Legis lators, Charge. ONE MAN HELD UUT GASH Suppression of Measure Mo tive for Alleged Bribes. GOVERNOR PROMISES AID As Result of Progress of Investiga tiou, Illinois Grand Jury Is Ex pected to Return Indictments Against lawmakers. SPRINGFIELD, 111., June i-That the grand jury questioning concerning the fish bill, which failed to pass the 46th General Assembly, will be productive of more important results than have de veloped since the legislation Inquiry be gan Is the expectation of State Attorney Burke of Sangamon County. Information given the prosecutor today, he said, has completed a. chain of evi dence from men who paid sums of money to defeat the bill, to the man who col lected the amounts and up to a legislator who is charged with having "held out" the sum given him, instead of having passed it along to the "jackpot." State Attorney Burke said he had the' name of a fish dealer who was alleged to have said in the presence of witness's that he gave 300 to the fund to kill the bill, naming the man to w inm ho noiri it. The man is to be subpenaed. Other information in the hands of Mr. Burke Is that a man Interested sent & telegram to another interested person then out of the state, that his share needed to insure the defeat of the bill would be- J300. Licenses Provided For. The bill provided for licensing fisher men, the amount of the license depending upon the number and character of the nets used. Mr. Burke has been informed that one man figured that under the licensing bill he would be obliged to pay J900 to con tinue In business and accordingly paid $300 to avoid the payment of the larger sum. i The state's attorney said he had been given the name of a state Legislator who was given between $3000 and ifiSOO mi. lected to defeat the bill and who failed to turn the money over to the "jackpot." which was its designed resting place. The witnesses examined today by Mr. Burke were Fish Commissioner Cohen, Fishwarden Caldwell and Representative M. M. Foster, chairman of the Fish and Game Commission. Twelve or 15 witnesses are to be sub penaed in connection with the fish bill inquiry. Most of the additional facts that came to the state's attorney today were furnished by Fish Commissioner Cohen and Fishwarden Caldwell. Additional testimony that fitted into parts of the fish inquiry came from Rep resentative Beckrneyer. If the fish wit nesses are at Springfield, they will be taken before the grand Jury and more in dictments may follow. The fish investigation i3 in line with the intention of Mr. Burke to go after the "jackpot" and of legislative accusa tions and ignore for the present the Sen atorial bribery .phase, which Is holding the attention of the Cook County prose cutor at Chicago.' The fish license bill under fire was Sen ate bill No. 113, substituted for a similar House bill. Senate Bill Favored. The Senate bill was repeatedly before the committee of which Representative Foster, was chairman and finally was re ported out of the House with a favorable recommendation and passed a third read ing but, was disposed of in the flurry at the close of the Legislature without be ing voted on directly. In addition to the expected develop ments in the fish investigation, the pro gramme tomorrow includes the appear ance of Representative Beckrneyer before the grand jury. The net result of a visit of Mr. Burke to Governor Deneen was an understanding that the prosecutor would have the hearty cooperation of the Governor in any mat ter where the Chief Executive could be of service, particularly in giving Mr. Burke access to the office records of complaints concerning legislation in the last General Assembly. Governor Deneen will not be subpenaed before the grand jury. GRAIN CROP NEEDS RAIN Dayton Farmers Are Alarmed by Continued Dry Weather. DAYTON, Wash.. June 2. (Special.) Farmers here -are alarmed over the con dition of growing grain, which they say is badly in need of moisture. It was asserted today that thousands of dol lars' worth of damage was done by hot winds of yesterday and the day before. Continued winds are drying the surface soil and preventing early Spring growth. No rain of consequence has fallen for ' over a month, and ranchers are puzzled over the unprecedented weather condi tions While there is plenty of subsoil moisture, the top ground is devoid of dampness, and unless rain falls within a week It is feared Columbia County's grain crop will be no more than 50 per . cent of normal. t - i