Morning Oregonian. (Portland, Or.) 1861-1937, June 14, 1910, Page 2, Image 2

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

Voluminous Briefs Filed for
Secretary, ex-Forester
and Glavis.
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
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
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
------ " " - - "
rmiiTifflfcMMii'T immrrmirnriiiM
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
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
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?
Governor Haskell Follows Dic
tates of People.
With Xew Offices in Hotel, Execu
tive Transacts Xecessary Busi
nessDaughter Denies She
Was Stoned at Guthrie.
(Continued From First Page.)
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.
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.
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.
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.
Campaign for Lower Fares to
Portland Will 6e Carried
to Highest Court.
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.
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
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
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
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
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
"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
"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.
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-
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
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.
26 Pieces in Beautiful Lined Chests
To the 10 neatest correct
solutions to 'this Father
Time puzzle
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
386 Washington St, bet W. Park and 10th Sts. PORTLAND, OR.