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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 14, 1910)
X THE 3IOKXI'G OKEGOXIAX, TUESDAY, JUA'E 14, 1910. B ALLI N 6 EB-P I N G HOT ROW IS REVIEWED Voluminous Briefs Filed for Secretary, ex-Forester and Glavis. DEFENSE CALLS IT PLOT OKLAHOMA'S EXECUTIVE, OBEYING POPULAR VOTE TO CHANGE CAPITAL, ESTABLISHES STATE GOV ERNMENT AT OKLAHOMA CITY. Motive for Investigation Foond in Desire or GarHeld and Pinchot to Oast Ballinger Committee to Begin Work Saturday. "WASHINGTON", June 13. Through briefs filed by attorneys, each side of the Balllnger-Pinchot controversy stated its case today. The investigating com mittee did not meet today, but next Saturday will begin, to prepare for its . deliberations on the mass of evidence contained in the voluminous briefs. The case against Mr. Ballinger, as out lined by Attorney Brandeis, for ex-Special Agent Glavis, and Attorney Pepper, for ex-Chief .Forester Pinchot. is an at tempt to show through the evidence pre sented that the Secretary of the Interior is unfit to administer the public domain because he leans toward a policy of "dis tribution" rather than "conservation." He is condemned for his alleged hostility toward the champions of conservation end it is charged that his attitude has caused embarrassment to the President and loss to the people. IMsapproval of the so-called "Garfield policies'' by Secretary Ballinger is said by John J. Vertrees, his attorney, to have caused a conspiracy to remove him from office. After reviewing exhaustive ly the evidence before the committee. Mr. Vertrees insists that neither the official nor professional acts of the Secretary are open to ciitlcism, and quotes from the evidence to show a conspiracy on. the part of ex-Secretary Garfield and ex Forester Pinchot to secure his removal. Secretary Burned Bridges. That Secretary Ballinger had no con nection with any interests in Alaska is vehemently asserted by Mr. Vertrees. In deed, when he became Secretary of the Interior he dissolved his partnership, disengaged himself and burned his bridges behind him, says the attorney. As to clear-listing the Cunningham claims, the Secretary did it upon the recommendation of Chief of Field Divi sion Schwartz, says the attorney, arid even then he did right, as the record showed. Mr. Ballinger's defense of Glavis all through, even when the latter was being censured by ex-Governor Moore for de lay In patenting the Cunningham claims, was commented upon. The r'.gid scrutiny the Department of the Interior has been under during the inquiry has shown absolutely nothing wrong, and nothing that would reflect upon the loyalty, integrity, good faith or s?nse of duty at any man in it. says Mr. Vertrees. Criticism can be brought only against certain ones who have been dis charged and who have arrayed them selves against their former chief. In classifying the accusations against Mr. Ballinger, Mr. Vertrees says they re late officially to his policies with respect to conservation, water power sites end reclamation, and to his course with re-. snect to the Cunningham claims, and per sonally to certain acts or alleged impro propriety professionally committed by him as a lawyer and when not in public life. Garfield's Policy Wrong. In defense of the conservation policy, Mr. Vertrees contends ex-Secretary Gar field was wrong in assuming he could do anything that was not expressly forbid den by statute, citing several cases to prove this. As to power site. Mr. Ballinger's pol icy is defined as follows: That when Cong-res held hy law that the puhllc lands should be open to entry that Is. entry under the homestead, mlninR- and desert land laws. It Is beyond the power of any administrative officer to withdraw by executive order the lands -which Congress has thus stated shall be open to entry. Another difference with ex-Secretary Garfield, regarding issuing co-operative certificates, whereby reclamation projects could be expanded or extended, has been decided In Mr. Ballinger"s favor by the Attorney-General. Mr. Vertrees contends, by the ruling that the reclamation act did not confer the power upon the Secre tary of the Interior to enter into these agreements. In conclusion, Mr. Vertrees attacks the Jurisdiction of the investigating commit tee in this language: The suggestion now to be made. It would seem, ought to dispose or the lnqulrv so fnr as the supervisory power and the ques tions Involved thereunder are concerned. I submit that It Is entirely beyond the author ity or Jurisdiction of a committee of Con gress, or Congress itself, to censure the Secretary of the Interior, a cabinet officer, because of his views In matters of depart mental policy. Ballinger's Qualifications Attacked. George W. Pepper, as counsel for GifTord Pinchot. declares in his brief that the question of whether Mr. Bal linger Is wrong and Mr. Pinchot right is of less importance than whether the administration of the Interior Depart ment has been marked by fidelity to the public interest. The alleged ignorance of Mr. Bal linger is pointed out. both as to for estry and to power sites, and his lack of information as to the reclamation service. His "land office training." the attorney contends, qualified him to look with favor on a "distributive" policy of the public lands and caused him to regard conservation with contempt. An impending collision between "dis tribution" and conservation policies was due, says Mr. Pepper, when Mr. Ballinger became secretary, and the investigation is one of the results of this collision. The existence of a conspiracy to oust iwr. ballinger Is stronly denied, but the right of any number of people to rcgara. nim as unnt lor his office is upheld. Those whose policies were at tacked, he says, were driven together ror protection, and then when they hegan an attack of their own, Mr. Ballinger grew angry. President Declared Deceived. - That the President was deceived Into committing himself to an indorsement of the Ballinger administration is de i-irfu oy r. repper. wnen the sec retary assured the Executive that no intimations of trouble had come to him from the chief of the reclamation service, was when Mr. Taft should have stepped in to save this service from disintegration if he had known the true state or anairs. In concluding. Mr. Pepper repeated what he understood to be the prin ciples 01 conservation, as follows: - Conservation does mean provision for the TTTTure. dui ii a.iso means, ana nrst of all the recognition of the. right of the nresent generation to the fullest necessary use of an me resources or i ne country. He said the first principle of. con servation was development; the second, prevention of waste, and the third, the development of natural resources for BIIBllSilff iiBSB ------ " " - - " BilliiilllM rmiiTifflfcMMii'T immrrmirnriiiM M LWAUKf GOVERNOR C. IV. HASKELL, the benefit of the many and not merely for the profit of the few. Louis R. Brandeis. George Rublee and Joseph P. Cotton, Jr., prepared a brief of between 50.000 and 60.000 words, divided Into 17 chapters, in support of the charges of Louis R. Glavis, ex-Chief of the Field Division of the Land Office of the De partment of Agriculture, that Mr. Bal linger has shown "hostility to the people's interests and co-operation with the pri vate special interests that are striving to take the people s property in violation of law." Glavis' Brief Vituperative. The alleged unfitness of Mr. Ballinger for his office is taken up in the first chapter, and the fact that he attempted to tnrow the responsibility for his acts on to his subordinates is pointed to as substantiating the condemnation. The clear-listing of the Cunningham claims is attacked as a violation of a statute that would save these lands to the people and an attempt to abet private interests in gaining possession of them. Another chapter is devoted to excoria tion of the Secretary for accepting a re tainer from the claimants and using the Knowledge he had obtained in the land office in the preparation of an affidavit that he himself took to Secretary Gar- field to overcome the evidence the Gov ernment had obtained. The chapter on the Vmissing letters" makes light of the importance of these letter and expresses the belief that Chris tenson, Glavis' successor, had himself put the letters Into a box belonging to Glavis that was stored in the Federal building f in oeaiue. x ne Drier attempts to snow that the "whole machinery of an impor tant Government bureau was employed for months to injure and disgrace Glavis in order to execute on him the revenge of his former superiors without any pos sibility or advantage resulting to the Government." Concerning Mr. Ballinger's defense the brief says, "that It consisted chiefly in explaining away the natural meanings of documents, in pleas of ignorance and in placing the responsibility upon subordi nates. His word alone gives whatever force such testimony possesses. Such are the facts. Such is Ballinger's record. Such his character. Can you say that the Department of the Interior, that the people's domain is in safe hands? CAPITAL IS MOVED Governor Haskell Follows Dic tates of People. INJUNCTION TO BE TESTED With Xew Offices in Hotel, Execu tive Transacts Xecessary Busi nessDaughter Denies She Was Stoned at Guthrie. (Continued From First Page.) M'KIM SECURES POINT ATTORXKY TO HAVE 3 DAYS IX WHICH TO FILE ANSWER. Judge Pike Announces He Will De liver Opinion on Lawyer's Argu ments in Day or Two. RENO, Nev.. June 13. (Special.) Judge Pike today ordered that Attorney Glynn, representing Dr. MeKim, shall have three days in which to file an answer, counting from the date on which he will deliver his opinion on the motion argued before him by Attorneys Glynn and Boyd, on last Saturday. This motion was made by Glynn, representing Dr. McKim, in the divorce suit of his wife, and in it Mr. Glynn asks permission to appear special ly and file a plea in abatement. This being the final day when default could be entered, in absence of any an swer being filed, the order by the court tv as made necessary and Judge Pike de clared he wo,uld announce his decision in a day or two, which means that the doc tor's answer will be filed this week and the fight be begun in earnest. Another controversy took place today in the private office of the Judge, be tween opposing counsel, over the efforts of the defense to secure action without bringing Dr. McKhn undr jurisdiction of the court, as that is to be the contention in the contest. manent capltol, while expected, caused deep gloomhere. No official business was transacted in the other state offices.. Orders have been sent from Oklahoma City that no warrants be Issued in the Auditor's office and none be registered in the Treasurer's office. In the building occupied by the State Supreme Court and the State Court of Criminal Appeals, much con fusion existed. , Associate Justice Hayes . was the only member of the State Supreme Court in Guthrie. Justice Hayes said the court might be placed in an em barrassing position and he was wait ing to discuss the matters with the other members. The action of Governor Haskell In removing the seat of government, in the opinion of a Supreme Court officer. In no way makes certain the retention of the capltol at Oklahoma City. There is serious doubt that Governor Has kell has any kind of authority to change the seat of government. What he did was to anticipate the probable returns of the- state election board. The loss of the capltol distresses the Guthrie people not only because of financial reasons, but also for reasons of sentiment. HOBOS R0B STRANGER Smothered and Choked While He Sleeps Bloodhounds on Trail. 1 NORTH YAKIMA, Wash., June 13. (Special.) Sam Denn, a stranger in this section, was assaulted and left for dead last night near Parker, and wae robbed of $130 by two men with whom he had been traveling, looking for work. " He was coming through the valley from Spokane, where he had been to meet relatives, became acquainted with two strangers and lay down to sleep with them in a draw at some distance from the road. They smothered and choked him while he was asleep. Sheriff O'Neil. of Benton County, lias brought his bloodhounds to help local officers in a searching party. Colvtlle Land to Be Allotted. ORBGONIAN NEWS BUREAU, Wash ington. June l.'i. The Senate today passed Jones' bill authorizing allotments of 0 acres of agricultural land or 160 acres of grazing land to Indians on the Col ville Indian Reservation. INTEREST IN ART GROWING Portland Association Hears Report of Miss A. B. Crocker. At the annual meeting of the Portland Art Association In the. art museum yes terday afternoon the annual report of Miss A. B. Crocker, managing secretary, was presented. Miss Crocker's report showed the last fiscal year to have been the most successful in the history of the association. More than 22,000 visitors were admitted during the year. The art school showed an attendance during the -year of 92 students. More exhibits were shown than ever before. "In fact," said Miss Crocker, "there is an emphatic indication that interest in the work of the association lf becoming more and more marked. What it has sought and is seeking to accomplish is being shown much greater appreciation than ever before." Action on the report was the only busi ness of the meeting, there being no elec tion this year. GONTINU E WILL E FIGHT Campaign for Lower Fares to Portland Will 6e Carried to Highest Court. RAILWAY COMPANY SCORED Oak Grove Pledges Support to Its Neighbors in Efforts to Secure Reductions Committee Is In dorsed for Its Work. At a mass meeting, held last night in the City Hall in Milwaukie "to con sider ways and means to continue the fight for a 6-cent fare between Port land a"nd Milwaukie, under the auspices of the Milwaukie Commercial Club, the committee which has had charge of the matter from the start was thanked for Its efforts and authorized to remain in charge to the end. Mayor Philip Strelb is chairman and Herman Loading secre tary. This committee was authorized to take whatever steps it considers necessary to meet the appeal of the case to the Supreme Court of the United States by the street railway company. Mayor Strelb gave a short history of the case. He said that it was a little over three years since the fight started for a 5-cent fare; that the town had won in four cases twice before the Railroad Com. mission and twice In the courts, and was prepared to meet the railroad company before the United States Supreme Court. Attorney Explains Case. R. R. Giltner. attorney for Milwaukee, explained at length the status of the case. He told the people that they could not expect to secure the 5-cent fare until the appeal before the Supreme Court of the United States had been heard, which, he said, might be in six months. This was in answer to a question why the court could not order the fare In opera tion at once. B. Lee Paget, representing Oak Grove, was present and brought the greetings of that place to the meeting. He said that annexation of Northern Clackamas County would help solve the fare prob lem. Mr. Paget announced that the pe titions for a vote on annexation had been filed and that they contained 9T50 names, more than enough to get the vote on the question of annexation. He said that Oak Grove wanted a reduced fare to Portland and pledged the financial sup port of that neighborhood to the Milwau kie committee. Resolution Is Adopted. The mass meeting then adopted the fol lowing resolution:, We. the citizens of Milwaukie and Oak Grove, assembled in mass meeting, do here by place ourselves on record as bavins the Utmost faith and confidence in the Integrity and ability of the courts, Attorney-General and the state Railroad Commission of the State of Oregon to obtain for us our legal rights In the matter of lower fares and Just treatment Irom tne orciana taiiroaa, Light &. Power "Company. We take thlB action in view of the state ments made by the company that It will appeal to the Supreme Court of the United states ana inus prolong: litigation indef initely. The attitude of the Portland Railway I.lKht & Power Company toward state reg ulation of its business is a matter of com mon knowledge. It notoriously shows its contempt and disregard for the orders of the Railroad Commission and' the decisions of our courts by its refusal to put an end to the unjust discrimination against us; of which offense it has been declared guilty in four different decisions. Every day that this state of affairs continues our localities are being Injured and our progress retarded. We therefore request our state officials to use every means within their power and take such steps as they may deem proper and necessary, in accordance with tne law. which will compel the Portland Railway, Light & Power Company to delist in lta illegal ana wrongiui practices. THREE YEARS' WAIT AHEAD P. R. & li. Company's Appeal to Highest Court Perfected. SALEM. Or.. June 13. (Special.) The Portland Railway, Light & Power Com pany today filed in the office of the clerk of the Supreme Court the assign ment of errors and a bond of $40,000 in the case ef the company vs. the Railroad Commission of Oregon, known as the Milwaukie and Oak Grove rate cases. The filing of these papers perfected the railroad company s appeal, and Chief Justice Moore accordingly issued an or der allowing the writ of error. This closes the preliminaries incident to an appeal to the United States Supreme Court, with which tne railroad company will proceed. Attorney-General Crawford's motion that an order be made requiring the mandate to be sent down to the court below, without delay, will not now be considered, and the reduced rate ordered in on the Milwaukie line by the Railroad Commission will not go into effect until after the case shalf have been disposed of by the United States Supreme Court, which is expected to require three years at least. In his order allowing the writ of er ror. Chief Justice Moore explicitly re aulres the company, pending the deter mination of the case in the highest court In the land, to give to each and every passenger a rebate check, whether It Is requested or not. Any violation or evasion of this order will constitute con tempt of the Oregon Supreme Court. The deposition of mandates, writs of JAP PRINCE RUSHES WEST Fushlmi and Wife See Harvard and Hurry to Niagara Falls. BOSTON, June 13. Prince Fushimi and his -wife spent their second and final day In Boston on a tour to points of interest, including1 Harvard nfiversity. They began their journey to Seattle, by way of Niagara Fallp, tonight. SEATTLE, Wash., June 13. Prince and Princess Kushimi, of Japan, who are in Boston, will said from Seattle for Yoko hama June 20 on the steamship Minne sota, and in order to catch that vessel they will be obliged to cancel certain dates and some direct to Seattle. The Japanese Consul knows of no urgency for the return of the "royal travelers to Japan. Sweeney to Oppose Nixon. CARSON". Nev.. June 13. Justice James G. Sweeney, of the Supreme Court, announced his candidacy today for fritted States Senator on the Dem ocratic ticket, against Senator George D. Nixon, who, it is considered vir tually certain, will again be the Re publican candidate again this Fall. Jus tice Sweeney stated he would make his campaign strictly- on the tariff issue FEED CHILDREN On Properly Selected Food. It Pays Bis Divides da. Don't Be Bald Almost Anyone May Secure a Splendid Growth of Hair You can easily find out for yourself If your hair needs nourishment, if it is thinning, getting dry. harsh and brit tle, or splitting at the ends. You aim ply have to pull a hair from the top of your head and closely examine its root. If the bulb is plnmp and rosy It is all right; if it Is white and shrunken your hair Is diseased and needs nourish ment. We have a remedy for hair troubles that cannot be surpassed. It has a record of growing hair and curing bald ness in 93 out of 100 cases where used according to directions for a reasonable ength of time. It will even grow hair on bald heads if the scalp is not glazed and shiny. That may seem like a strong statement It Is, and we mean it to be, and no one should doubt it until they have put our claims to an actual test. We are so sure that Rexall "9J1" Hair Tonic will completely eradicate dandruff, prevent ' baldness, stimulate the scalp and hair roots, stop falling hair and grow new hair, that we per sonally give our positive guarantee to refund every penny paid us for Rexall Sd Hair Tonic In every Instance where It does not do as we claim or falls to give entire satisfaction to the user. Rexall '96" Hair Tonic Is as pleasant to use as clear spring water. It is perfumed with a pleasant odor, and does not grease or gum the hair. We have it in two sizes, prices 50 cents and 1.00. We urge you to try Rexall 93" Hair Tohlc'on our recommendation and with our guarantee back of it. You certainly take no risk. Remember, you can oDtaln Kexall Remedies In Portland only at our store, The Rexall Store. The Owl Drug Co., Inc., Cor. 7th and Washington Sts. If parents will give just a little in telllgent thought to the feeding of their children the difference In the health of the little folks will pay, many times over, for the small trouble. A mother writes saying: "Our chtl dren are all so much better and strong er than they ever were before we made a change In the character of the food, We have quit using potatoes three times a day with coffee and so much meat "Now we give the little folks some fruit, either fresh, stewed, or canned, some Grape-Nuts with cream, occasion ally some soft-boiled eggs, and some Postum for breakfast and supper. Then for dinner they have some meat and vegetables. "It would be hard to realize the change in the children, they have grown so sturdy and strong, and we attribute this change to the food ele ments that, I understand, exist In Grape-Nuts and Postum. "A short time ago my Bfcby was teething and had a great deal of stom ach and bowel trouble. Nothing seemed to agree with him until I tried Grape Nuts softened and mixed with rich milk and he improved rapidly and got sturdy and well." Read "The Road to Wellville," found in pkgs. "There's a Reason." Ever read the above letter? A mew one appears from time ta time. They are gennlne, true! and full of human Interest. , error and matters of a similar nature are among the prerogatives of the Chief Jus tice, the Associate Justices having no voice In their determination. MASONIC WEEK BUSY ONE Eastern Star Also Greets Worthy Grand Matron Today. Masonic week In Portland began yes terday morning with one of the largest gathering of ' members of that frater nity ever assembled in the state. During the week all the grand lodge bodies of the various branches will hold meet ings with the exception of the Knights Templars. The latter will come to Port land In the Fall of the year, when warm weather may not be expected to interfere with marching bodies. The first session to open was that of the Grand Chapter Royal Arch Ma sons, which was presided over by Grand High Priest E. E. Kiddle, and which was followed by a meeting of the high priesthood. In another portion of the Masonic Temple the women of the Eastern Star, witn Worthy Grand Matron Mrs. An tonnette Stiles In the chair, will today confer the grand lodge degrees on a large number of past matrons from otA- the state. Mrs. Ella S. Washburn, most worthy grand matron of the United States, is present and will de liver an address. At the Scottish Rite - Cathedral a class of 38 representative men of Ore gon were started in the mysteries of the ineffable degrees between the fourth and the thirty-second inclusive. The work ceased for the day at the fourteenth degree. The work will continue Wednesday. Other meetings to follow later In the week will be the Grand Lodge of Ma sons and a ceremonial of the Mystic Shrine. The later meeting Is held two months earlier than was intended by Potentate Galvanl. and is intended as a compliment to members of the grand lodge who are Slirlners and who live In distant portions of the state. Con- GRAY CHESTERFIELD CLOTHES' Are so pre-eminently su perior to other so-called fine clothes that the good dresser will appre ciate their excellence as soon as he sees the clothes and fits them on They Are Guaranteed If front of coat of Chesterfield suits breaks in front in 1 year's wear we will give new suit free Suits Priced $20.00 to $50.00 Would Like to Show You the Clothes M GRAY 273-275 MORRISON, AT FOURTH dittons making It impossible for such members to attend ordinary sessions, a large class will be initiated at the close of all other meetings. Second Victim of Battle Dying. , TRTNIDAD. Colo.. June 13. Anton VI- gan, who was shot during the battle be tween warring factions at Owen yester day, died last night making the second death as a result of the shooting. Vigan was a non-combatat. The battle lasted for two hours and 'more than 200 shots were exehaneed. FREE ABSOLUTELY FREE 10 CHESTS SOLID SILVER 26 Pieces in Beautiful Lined Chests To the 10 neatest correct solutions to 'this Father Time puzzle DIRECTIONS There are 10 faces in this pic ture. Can you find 7 of them? Outline each face -with a pencil on this or a separate sheet of paper, or number them 1, 2, 3, etc. To the 10 neatest correct answers we will give absolutely free a Beautiful Lined Chest of Silver. To each one finding 7 faces we will give abso lutely free a Handsome Souvenir. All correct answers will receive a valuable prize. Be sure your answer is correct. All answers must be in our hands by June 25, 1910. Every correct solution will receive a prize. Remember, prizes will be award ed to the neatest correct answers received, and you must find at least 7 of the faces. The contest will be judged by the representatives of our leading newspapers. Send your solution and name and address plainly written (be sure to write plainly) to BUSH & LANE PIANO CO. 386 Washington St, bet W. Park and 10th Sts. PORTLAND, OR.