TITE WORSTING OREGOXIA2. THURSDAY, AUGUST t8, 1910. 10 MT.HQOD IS SCALED EXPENSIVE PiPE ORBAN AND COSTLIEST GHICKERING FOR NEW MOVING PICTURE SHOW INDIAN LAND CASE XMMXGEATI02T OFFICERS TJHEAHTH PLOT TO SMUGGLE CHINESE, SC0EE BEING FOUND ABO ABO THE KUMERIC Y. M. C. A. Boys Climb to Peak Through Snow Storm. Judge Bean Thinks Congres sional Act Shirts Off Fed eral Court Authority. 16 HIKERS NOW MAZAMAS BECOME 5 WED 1 1 s 1 t It Ir TITLES BADLY TANGLED Kill GItcs Interior Department Fnll Authority -Decrees Asked by ' Tnlted 6tates Attorney Held I Cp Fending; Decision. I Jr. SrfTvrrtaiTtl r. perhaps, but rwrvertiwles IP fleet uaily. an act passed by the Con ferrals of the Vnited States on June J6 of khls je.r. appears to have deprived ths United States courts of Jurisdiction of Ml Indian affairs with the possible x fception of criminal prosecutions. FoUowtcf the discovery of the fact that Yuch legislation bad been enacted by (Cofurress. specnlatron became rife at the -Tederal building- as to whether the law had been passed In the Interest of the JOklahocnans. who have since been charged tlth an undue Interest In Indian lands. Mters wtll be sent to Washington and ftx members of the Congressional com- kntttee now at work In the Southern state. ran Investigation will be begun. Jndge Bean Raises IsMie. I The lssje was raised br Judge Robert BL Bean yesterday morning when asked by United States Attorney MoCourt for decrees In a number of land cases now pending before the court. The suits In volve titles to lands upon allotments, dis tribution among heirs and other legal fchasea which Involve tbe peculiar mar riage relations prevailing among the In jrllan tribes. The court Informed the at torneys Interested In the cases that he load discovered the act among the pampb llet laws sent out by the Department of Uustlce. and considered that a very grave Question of Jurisdiction of the united ufcHates courts had been raised. Judge .Bean considered the matter of sufficient pmportanoa to request briefs from various irawyers practicing at tne wr oeiura as suming a definite position. The act of Congress will be or far ayreater Importance In other Western .Hates than In Oregon, the total number of land controversies now pending In this state for disposal being less than M. In Oklahoma, Colorado, Ariaona. New Mexico and Montana there are large quantities of lands still held in trust by ths Government, and to which the m am bers of the tribes have not been able to secure title. Interior Department in Charge. The act of June 25 confers on the Sec retary of the Interior the right to deter mine to what Indian the land, or any por tion of a tract, shall be awarded, to search out and determine what heirs shall be recognised In sny given estate, to whom patent shall Issue, and confers ths authority to partition any allotment among such hairs snd In such manner as that officer shall elect. The bill also con fers the right to approve or disapprove the sale of allotments by the Indian allotee. Should Judge Bean decline to continue to assume Jurisdiction of the Indian land rases, he will be the first Judge of the United States courts to pass upon ths re cent Congressional legislation. Special Agents Required. It Is said that the Secretary of ths In terior would be compelled to rely upon ails force of special agents In the held service for the Information upon which ills decisions would be based. The proced ure would exactly follow that now in use lor Investigating homestead and timber Slings. The bill would not have attracted at tention except for the provision concern ing the sale of Indian lands. It was the effort put forth to secure the sanction r a l30.0iO.UtM sale of Indian lands, upon which a 10 per cent commission was to have been paid, and the alleged attempt to bribe Senator Oors to withdraw his opposition to the bill, that lead up to the present Investigation. Bven should ths bill he construed to xrept the nve civilised tribes of the Sllddle West, the Sec rotary of the In terior would have power over the balance of the Indian lands of the country. Bankruptcy Fraud Charged. Alleging that Emanuel Meyer and his rife. Esther Meyer, concealed valuable farm lands in the vicinity of Monta vllla, when they were declared bank rupts In June Inst. Clara Kaufman, a creditor, yesterday filed a petition In the United States court asking that the case be reopened. It is charged that ths Meyer people were Indebted to a large number of creditors, and that the referee In bankruptcy was unable to and any assets for partition among them. Clara Kaufman was out of the United States at the time, but upon her return started an Investigation. She avers that one week ago she discovered that the Meyer people owned a one ninth interest in 80 acres of suburban property. Judge R. S. Bean has Is sued an order commanding Mr. and Mrs. Aleyer to appear in court August 29. M'COURT WILLING TO SUE 3lstrtct Attorney Discusses Bridge Draw Controversy. "I am perfectly willing to institute elvil suits In their regular order, if Msjor Mclndne so desires." said John McCourt. United States District Attorney, last night, discussing the Major's comments that he had not heard from Mr. McCourt on the drawbridge controversy. The point Major Mclcdoe desires to be determined by a suit." said Mr. Mc Court. 'Is whether the County Court acted within Its powers in making the regula tions under the 'War Department's or ders. "1 am sure the County Court officials do not wish to contend the War Depart ment does not control the bridges, but it does contend that Its action in making the morning and evening closing hours Is permitted by the War Department's orders. Inasmuch as they regulate traffic. By tbe time this suit Is settled, ths boat men will have adjusted their schedules to fit In with the draw periods and the whole controversy will be over. .The worst that can be charged against the draw-tenders will be lack of Judgment. I believe. It Is ridiculous to believe that the War Department means the draws to open for every little sand scow." 1 I When the digestion Is all right, the action of the bowels la regular, there is a natural cravtng and relish for food. vVhen this Is lacking you may know that you need a dose of Chamberlain's Ftomat'h and Liver Tablets. They Strengthen the digestive organs, im prove tne appetite and regulate ths 4weis, om1 cy s4 aeaisrs. yyys- --r1i Vt . . s;r--"i . w, v Si. - - ' -v . i - V??' - i .f, : - t 1 . - I n irtj t!.,t ' l ' ' ' i - V? r'.'T , r ; " r, ' . ' ' I ' - v . I V: - - i - - ' p v S CHINESE IN TRAP Smuggling Plot Disturbed by Immigration Officers. 26 STOWED IN FOREPEAK Customary Hiding Place Is In Chain- locker of Kumeric, Whose Offi cers Put Blame for Trans action Upon Boatswain. When it slinking-, cowed Chinese heeded the warning cry of their keep ers yesterday morning, as Immigration inspectors sntered tbe forepeak of the British tramp Kumeric, lying at the Portland mill, they were not sufficiently agile to elude the officers and their capture resulted In the exposure of the most gigantic scheme to smuggle Celestials Into Portland slnoe Immigra tion Inspector Barbour established headquarters here seven years ago. Since July 20 the horde of naif- starved stowaways have occupied the chain locker of the big steamer, their quarters being so cramped that in or der to protect themselves from Injury when the anchor chains wore let go or hauled In they were compelled to as cend to the forepeak. Also once each day they were ordered Into that com partment for their evening meaL Chinese Stowed With Cargo. Those details were learned from Quong Oow, ons at the party, who In formed Immigration Inspector Barbour, through an interpreter, that he and his companions were not told that they hsd 27 fellow passengers, two of whom were captured at Victoria and ths other 21 at Seattle, because the latter were quartered In the hold, aft of the en gine room, where space had been given them between bales of hemp that con tit u ted part of ths cargo brought to Puget Sound from Manila When captured yesterday, the 36 Chi nese had not had water for 24 hours and were without food nearly as long. Officers of ths steamer denied having had knowledge of the presence of stowaways aboard, or of those who had been arrested In the north. To Jung Ho. "No-. 1 man. or boatswain, of the tramp, credit was given for the plot and the stowaways said they had not seen white members of ths Kumerlc's company when they went aboard or during the voyage, but that their dealings were solely with ths boatswain and his shipmates. Jung Hong, a Hongkong Chinese, It was made known, had organized the band in the Interior of China, herded them to Hongkong and transported them by steamer to Yokohama, where they were taken aboard the Kumerlo at 1 o'clock the morning of July 20. Work to Pay for Passage. As to financial considerations. Quong Gow narrated that they were to have been delivered to certain Interests at Vancouver. B. C for whom they were to have worked six months, receiving no pay for their labor, as their wages were to serve as reimbursement for their benefactors in advancing passage money. Mr. Barbour estimated that the work of each stowaway would bs reasonably worth $50 a month and on that basis the plot to land them In this country represented a trans action Involving I7S00. with as much more for 'the party captured on Puget Sound. Officers of ths steamer recounted that they had no Idea where the stowaways bad boarded the Kumeric as they had .called at the usual Chi nese and Japanese porta Mr. Barbour, acting on advices of the Seattle of- Jfios of ths Immigration Department. , had caused the Kumerlo to bs searched at the time of her arrival, but nothing was found to Indicate that stowaways were aboard. Captain alcGIll ana some of his officers had been cau tioned that none of ths crew could have shors leave here without bonds being given, as required by law, but despite those injunctions, six of the crew vis ited Chinatown Tuesday and to that fact Is traced the expose of the traffic Chief Watchman Allsky. of the Im migration Branch, secured Information In Chinatown which, coupled with sus picions entertained by Mr. Barbour, because officers of the ship and rep resentatives of her charterers had called on him and endeavored to se cure permission for shore leave for the Chinese doctor and Interpreter, caused a double watch to be ordered aboard. Boatswain Stands Guard. When Allsky and Watchmen Steph enson and Green were making a search yesterday, Allsky reached the forepeak In time to see the stowaways hustling Into the chain locker like so many rats. The Chinese boatswain en deavored to delay Allskfr's descent, by inviting him Into his quarters to receive cigars, but a Celestial passing with a basket of food attracted the of ficer's attention and that led to the cache being found. As early as 3 o'clock yesterday morn ing local Chinese were -on the mill dock, apparently waiting for friends to come ashore and were driven away at noon. It Is assumed by ths officers that ths six Chinese sailors had ar ranged in Chinatown for the landing of the stowaways and had not the plot been unearthed yesterday, they would have escaped, under tne cir cumstances the Immigration authorities are powerless to punish anyone con nected with the scheme, because the stowaways did not land. The crowd has been divided and quartered In two rooms aft on the main deck, where they will'be watched until the tramp sails Saturday, when two officers will accompany them to Seattle. The vessel will be compelled to return the stowaways and also those captured In ths north, to China. BASIC ISSUE INVOLVED MIWESOTA RATE CASE WTXIi KETTLE BIG QCESTIOX. Whether Return Shall Be Made on Investment or Present Valua tion to Be Decided. E. T. Young. ex-Attorney-General of Minnesota. Is at Gearhart Beach with his family, for a rest after It days of oral argument before ths United States Circuit Court on ths famous Minneso ta freight rats cass that has been la the Federal Court two years. "It has taken a long time to pre pare the case." said Mr. Young at ths Portland Hotel before leaving for the beach, "but ws have presented a case that will be a precedent for all states, no matter which way -the decision goes, for It hinges on the basic principle of freight rates whether a rata should be established that will give a reason able return on the amount actually In vested by the railroads, as the stats contends, or a rate that will give reasonable returns on ths present value of the railroad properties, baaed on an estimated cost of replacement of all facilities. While there have been all sorts of rats cases before ths courts. It seems strange that this vital point, which should settle the matter for all tims to come, has never before been presented. We expect a decision from ths Circuit Court this Fall, and ths cass will then go to the United States Supreme Court, whatever the decision may be. When the United States Su preme Court decides the case a prece dent will be established that may. bs a guids for all Railroad Commissions and Legislatures." " The Minnesota Legislature and the Stats Railroad Commission fixed pas senger rstes at t rents a mils and established a uniform freight, rats, throughout the state, equalizing all dis tricts. Ths railroads accepted the pas senger rates, but filed a petition In the United States Circuit Court to enjoin the state from enforcing both the pas senger and freight rates. As the rail roads had already accepted the pas senger rate, the court eliminated that part of the controversy, but consid ered the freight rate issue. The state. In establishing a freight rate based on reasonable returns on actual Invest ment, eliminated consideration for watered stock. The railroads, in their contention, say that they are entitled to a return on what their holdings ars now actually worth. "Ths Importance of tbe issue may be noted at a glance," said Mr. Young. "If the courts should decide the railroad companies are entitled to returns based on increased valuation of property, they may continue to increase freight rates as their property grows In value and there will be no limit to the ever-increasing rate. On the other hand, if our contention that rates should be es tablished On the basis of a rasonable return on the actual Investment Is sustained, a permanent basis for fixing rate will obtain. We have been taking testimony more than two years In an effort to present this case to the court so that the subject of freight rates may be settled for all time to come." Struck a Rick Mine. S. W. Bends, of Coal City, Ala., says he struck a perfect mine of health In Dr. King's New Life Pills for they cured him of Liver snd Kidney Trouble after 12 years of suffering. They are the best pills cn earth for Constipation, Malaria, Headache. Dyspepsia, Debility. 360 at all druggists. Brains Rule This World Not muscle, but brains governing muscle. The quality of brain can be changed by certain selection of food. A food expert perfected a brain-building food by preparing certain elements in wheat and barley in a way that nature would make use of. That food is Grape Nuts - In it the Potassium Phosphate, obtained from nature's grains (not from the drug shop) is retained in minute particles. This has an affinity for Albumen, and these two with water make the soft gray matter in the brain and nerve centers. A solid fact you can demonstrate by the use of Grape-Nuts. In lO Days you can see the difference in yourself, and know "Theresa Reason" Postum Cereal Co, Ltd, Battle Creek, Mich. Party Spends Six Days on Trip and They Welcome Association Show er Baths on Their Return. Lectures Given In Camp. The It T. M- C. A. boys who went on a hike to Mount Hood last Friday re turned to Portland last night, after having reached the summit of the mountain during a heavy snow storm. They were six days on the trip and de clare they appreciate the Y. M.'C. A. shower baths more than ever. The boys, headed by A. M. Grilley, physical director of the Y. M. C. A., went as far as Boring on the Cazadero line Friday morning, taking the 8:55 car from Portland. From there they hiked to the top of the mountain and back, a wagon having been provided to taks the luggage. By dinner time they had reached Sandy, and Friday night they'camped five miles beyond Ashoffs, on the Sandy River. Saturday they cooked and ate their dinner at Toll Gate, and their supper at Twin Bridges. Snow Line Is Reached. Sunday saw the hikers at Govern ment Camp. Sunday afternoon they walked to the snow line and camped there, making the summit of the peak Mondsy, although they were delayed four hours at Crater Rock on account of ths snow storm. After ths storm had abated snd they had started on their way it commenced again to snow and had not Stopped when they reached the top. Ths If hikers were the first to reg ister In the Masamas' new book. They had a snowball fight, after which each added to a stone monument a rock for himself and another for his sweetheart, and returning arrived in camp without mishap. ' Mr. Grilley said that on none of his previous trips had he seen the cloud effect he saw this time. During a part of the journey the clouds broke and Eastern Oregon could be seen. The hikers could also see Mountains Jeffer son and Three Sisters sod Diamond Peak. Nicknames Are Given. At the outset the boys nicknamed each other Grandmother, Auntie, Cousin Amy. Huckleberry Finn and Sunny Jim. In camp the hikers were favored with lectures, one by O. E. Harlng on the forest service, and one by E. Wilkes, Jr., on bridge building. On the return trip they stopped at Government Camp Monday night, at Rhododendron for dinner Tuesday, and at Brightwood on the Sandy River for supper. They had dinner at Sandy yesterday, arriving at Boring at 4 P. M. The hikers were: W. R. Landie, C N. Blair, B. Wilkes, Jr., S. W. Palley, O. E. Harlng, F. A. Perkins, E. U. Larry, Fred R. Zimmerman, Walter Paulson, A..J. Lyon. H. G. Strayer, F. M. Dempsey. V. L Newoomb, E. Brook man, Carl Klein and A. M. Grilley. ELOPERS APPEAR IN COURT Mrs. Schweiker Vainly Seeks Mercy From Husband. Pitifully shaken by her arrest, Mrs. George Schweiker appeared In Police Court yesterday, in company with Joe Mallet, to answer for eloping with him from her home and husband in St. Louis, taking with her her two children. The couple were arrested Tuesday night by Patrolman Croxford upon a complaint sworn to by the hus band, who followed them from St. Louis. Croxford also took custody of the two children, a girl t years old and a boy of 6, snd turned them over to the detention home. Schweiker testified that he was a workman In a carriage factory at St. Louis, that his wife left there with Mallet on May 4, and that he learned of their being here through a letter from a woman in whose house they stayed when they first came here. On cross-examination he denied that ho had failed to support his wife, hut ad- h ill .laSsJSC ' it- g4 When Manager James opens, next Saturday, the Majestic Theater, Port land's latest moving-picture show, in the recently-vacated Olds. Wortman & King building on Fifth street, near Washington street, the public will be treated to music by a superb Kimball Soloist, Self-Playing, Tubular Pneu matic. Two-Manual and Pedal Pipe Organ, containing numerous orchestral stops especially adapted for concert work. Clifford D. Carney has been se mltted that he had choked her once, :. prevent her from assaulting him, lie said. Schweiker said that he had other witnesses to offer, who were not pres. ent, and the case was set over until today. As the husband left the stand, ths wife reached toward him Imploringly, but he passed without a sign of notice. The fainting woman was supported from the courtroom and was allowed to go on her recognisance, while Mallet was held. Train Kills Unknown Man. SHANIKO. Or.. Aug. 17. Special.) An unknown man was killed by the southbound freight one mile north of Kent this afternoon at 5 o'clock. He was evidently stealing a ride either on s ear of lumber or between cars. Parts of clothing were found on three cars In the Afraid of Ghosts Many people are afraid of ghosts. Few people are afraid of germs. Yet the ghost is a fancy and the germ is a fact. If the germ could be magnified to a size equal to its terrors it would appear more terrible than any fire-breathing dragon. Germs can't be avoided. They are in the sir we breathe, ths wster ws drink. The germ can only prosper when the condition of the system gives it free scope to establish it self and develop. When there is a deficiency of vital force, languor, restlessness, a sallow cheek, a hollow eye, when the appetite is sleeo is broken, it is time to guard fortify the body against all germs by the use of Dr. Pieroe's Gold en Medical Discovery. It increase! the vital power, cleanses the system of clogging impurities, enriches the blood, puts the stom ach and organs of digestion and nutrition in working condition, so that the germ finds no weak or tainted spot in which to bread. "Golden Medical Discovery" contains no alcohol, whisky or habit-forming drugs. All its ingredients printed on its outside wrapper. It is not a secret nostrum but a medicine of known composition and with a record of 40 ftart of cum. Accept no substitute there is nothing "just as good." Ask your neighbors. ' NEW . GARAGE Neate & McCarthy, Locomobile Dealers, are now located in their new quarters, 694 Washington St., cor. King. Phones Main 6374, A 7577 FAM A N AGONAL CIGARS Are Hade Best Havana Tobacco : HAVE YOIT TAll3t OJTfct CAMPBELL-LAKIN SEGAR COMPANY, Distributors 4. ' cured as organist. A superb Chlcker ing Orchestral Grand, as well as Ons of the world-renowned Peerless Elect, ric, Self-Playing Piccolo and Xylo phone Pianos, all of them supplied by Eilers Music House, will complete the equipment of this truly majestic picture-show house. It is said, out of hundreds of theaters of this kind on the Coast, few will oompare with the many attractive features to be offered by this theater. ' rear of the train. Arms and legs were severed and the body otherwise badly mutilated. Nothing was found on the mangled mass which could identify him. He was apparently about 30 years of age snd a foreigner. A constable at Kent took charge of the remains. Goats on Track Killed. ALBANT, Or.. Aug. 17. Nine goats were killed by the eastbound Albany Taqulna train just east of Elk City last evening. A band of ths animals ran onto ths track dtreotly ahead of ths train and two were killed by the engine and seven more so badly Injured that they were killed later. Even In Honan clt?. distant only two days by rail from Pekin. lump silvsr. the same cumbrous currency that has been used for centuries. Is still employed. poor and the against the germ. Yon of the