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.
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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