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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 21, 1911)
THE MORNING OREGOXIAX, TUESDAY, 3IARCII 21. 1911. VESSEL TO BE DESTBOYED THAT NAVY MAY IMPROVE BY LESSON. NEW STATES MAY TRY EXPERIMENT TO 61 FORTUNE The Man of Today a; X, jr lis - Roosevelt -'Upholds Arizona's Right to Adopt Direct Legislation. Knows Good Clothes and Insists on Having Them Coal Land Frauds on Big Scale Are Charge in Deal Involv ing Guggenheims. GOVERNMENT SUES PERJURY IS BY WHOLESALE feuM'ltrr Trust and KxploraUon Com' pany Accused of Obtaining by Fraud and Deceit Two Whole Coal .Mining District. DENVER. Colo.. March (Special.) noitilnc undisputed iwijr tlnan cialljr and poiitlrmlly In the Walsenburg and Trinidad district for years. the Oucgrnhelms have received a sever blow from the Government. B. D. Town end. special uililint to the Attorney- Oeneral. bavin tiled two suits here, on for the cancellation of patent to 130 acres or coal land and the other for the cancellation of patent to 1130 acres. In Ciis th. title to the land cannot be can- rrllrd. Smm.4M damasks Is asked. iii0v fro for the land and tio.tX for the coal which It Is alleged has been taken from ore of the mines by the Carbon Coal At 1'oke Company, since that corporation bcan operating the mine In August. 1:,'?. Bosiues the damages, an Injunction Is asked to restrain the corporations from mining any more coal until the suits ar disposed of. Brfor these cases are Lnlshed they promise to expose on of the biggest sen sations of lb West, for fraud, deceit. the concealment of farts and the pur chasing of county officials to do the bidiMng of the ''Interests" are charged In the complaints. Gassenheinia Are Involved. Involved In th suits are some of the most prominent people In Colorado. On of th suits Is sgatnst th American Smelting A Kenning Company, commonly rvputed to be owned by the Guggen keinis. and the Carbon Coal Coke Com pany, alletred In the complaint to be owned hy the American Smelting Re fining Company. Th other defendants are Thomas Thacher and n Milam ft. Jiarnum. of New York state. These two are alleged to hold secret title to V30 res of land in th WaJsanburg and Trinidad district. In trust for th smelt ing company. They are sued both lndl virtually and a trustees. Kranklln Gulterman. general manaser of the smelting company's plants In Colo rado and political txs In that state, not named as a co-defendant In th suit, but It is charged that on January 1. 1A he conspired with Karl EIIts. Jonathan 8. Humphreys and H. A. Dubbs to de fraud th Government of Its title to the land new held In trust for th smelting company by Thacher and liarmim- Th scneroe was th am as that practiced by Oregon land fraud operators, eight entrymen be ing paid. It Is alleged. tlM each to file upon th coal lands, and then tarn th titles over to th smelting com pany or som person deslgnsted by It. the expense of securing the land being paid by th smelting company or Its agent. The ntrymen who secured th land for th smelting company are rlve.i in the complaint as follows: John V. Febles. Jarob Kmrlch. Frederick R. Humphreys. Howard K. Wlerum. Lewis Hohn. Frank M. Humphreys. Anaiey UcKttrlck and George Glvens. Wholesale Perjary Alleged. These. It Is alleged, swor falsely that they were taking up the land for their own use and benefit and that they had expended certain sums In mining rul from the land, when In fact they bad spent nothing and had bargained to turn th land over to th corpora tion. Th deeds. It Is alleged, were -mad out befor entry or final proof was mad, and nvtlttoue dates were fulled In later. The entrymen were hired about March 7. lol. It Is alleged, the final receipts of the Receiver of the Land Office at Pueblo being Issued the same day. False affidavits, bear ing dates of February 27 and 2 and "March 1. IX1. ar alleged to have been sworn to before A. t Foot and Ed ward D. Bright, notaries public of Pu eblo inJ Las Animas. Colo.. The Uni ted States officials having anything to do with the transaction are alleged to have been Ignorant of the true con ditions, being declvd by the entry Ken. Srhrme to Deer-Ire led. The Government charges iaat those Involved In the big land steal sought to kerp the facts concealed, that the Gov ernment mlRht be prevented from torn. mencing prosecution until after the ex piration of six years, when a suit would be barred from the court by the statute of limitations. It was with this purpose In view that th land was con eed to a secret trustee. It Is alleged, and the county officials "Induced and procured to make It appear In all rec ords relating to the levytntr and usess Ing of taxes against said lands that "th owners thereof ar unknown." They wer also "pro-cared" to conceal the fa. t that the smelting company had raid mil th taxes sine patent was Is sued. tt was still further to dcelv th Government. It Is alleged, that th coke plant was erected on other lands than t'los secured through th 13 entry-men. The real nsed was taken from this land, however. It Is alleged, and th coke ielivered to the smelting company. M"r f-an !.. tons of coal are aiieged to have been mined here. Bnanse of the deceit and effort at concealment maue by the smelting com pany and Its agents and employes, the tiovernment prosecutor says the stat ute of limitations cannot be pleaded an I that the company Is liable. Thacher and H-rnum have executed tert-vtn deei!. or other instruments show ing t.ie interest of the smelting company In lie lanJw. It i alleged, but these have been withheld from the County IVrh'a recrCs. Another nig Company Accused. T.'e ot-r su.t !s acalnat the Explora tion CtompaBr. Umlte.:. of Great Britain. is owned by tn Guggenheim: R. T. Ka II.. of London, chairman of the cor poiat'cn's board of d. rectors; Alexander ii'irrell and Albert L fmittt. of MiMUana: ll.r.ry HurreU. of VVyomlrg. formerly a n:1-VntiaI jnt of t!i lxplortlon "ompnr. ar.d Philip I- Foster, of Great Britain. Irvlrg in New York C:ty. a stock L...r In t.-e corporation, and Ita gen eral Amerlvaa financial and confidential ipreentatle: John Hays. Hammond, a ondMate for V:c-Pre;dnt and a . 1 tnerd of President Tafu ia chief erg neer of th company. Trt complaint is much th am as tr.at afalnst the smelting company, the , rarge being ir.st l.m Exploration Onro .ipy. tltrugn les officer and rwpreswa t.'tveo. dv.M a scheme to defnaud th :Temment and hired entrymen to secure : to rnal land. In th ewm way tliat in. smarting company did. Hut Instead . paying inena iJ each, V:m Kxptora l.r. tViupany Is alleged to have paid t. tin La a.a and expenses. Th kUui . (Copyright by American Press Association). A be re, Hiaterle Battleehle Texas, frem Photograph Takra After She Was Prepared for Tomorrow's Mawakter. Belew. tteeretary Vea L. Meyer and Adaxlral Richard V alaris a t. tlhe Will Direct Target Practice. Is alleged to have been hatched March L IMS. Nine entries were made between May and 13. 1WS. the entrymen being as fol lows. Emms K. Nutter, mother-in-law of Millard FaJrlamb; MagRle E. Holrtvea. Ella Isxvis. wife of John Davis; Charles P. Nutter, father-in-law of Millard FSlr- lamb-- John Davks. Brtyth Cartwrlght, Oaughter of John Davis; Anna Nutter, suter-ln-law of Millsrd hairlamb; uaniel 8. Baldwin. Stella M. Falrlamh. wife of Millard Falrlamb. The first si of the entries are alleged to have been made at the land office at Montrose. Colo.. and the last three at the offic at Gun nison. S2.SOO.000 Worth of Land Stolen. Th entries covered 1110 acres of coal land, valued at 12.500.000. False affidavits, as in the case of the smelt- nr company, are alleged to bare been worn to by the entrymen. iney deeded. It Is asserted, to Alexander BurrelL the secret trustee of the com pany. the purported consideration be- nr S10 In each case. The tiovernmeni alleges the deeds were ' without con- ideration. The dates In the deeds were left blank when they wero made out. It is alleged, and fictitious dates afterward Inserted. Burrell deeded the land to Albert L. Smith on November 1902. it ia alleged, and hmith deeded o Philip Foster under date of March 19. Foster is alleged to noia tu title as trustee for the corporation. RalDh S. Keller and James M. An derson, special agents of the General Land Office; reported to the coin nils- loner of the General Land ottice on April 12. 190. detailing the frauds which had been practiced, and ever since thst time agents of the Govern ment have been working on these oases, the suits filed today being the fruit f their work. C. A. Moulsrn, now deceased, out formerly confidential and financial representative of the corporation for he Western I'nlted States with offices Salt Lake City: Millard Falrlamb. n attorney of Delta. Colo - John Davis and Henry Welch, coal experts for tho company, and financial agents, are mentioned In the complaint, aunoucn hey are not made defendants. nun R. T. Bayliss. Albert I. Smith. Henry Burrell and Thlllp L. Foster they are lleged to have consplreo: to roo trie Government for the benefit of the cor poration. The Kxploratlon company is me urm which went Into Mexico and bounht up II the available gold, silver, lead and oDDer mines to be had. It was capt ained at several billion dollars, and Is largest corporation In tho world for the buying and developing of mines. It will be remembered tnat trie uoj rnment Inst its suit against the Colo rado Fuel Iron Company because the atute of limitations had run. air. Townsend does not propose to lose the ults he filed today, and to tnat end ss made th allegations of deceit and concealment on the part of the cor porations. The Guggenheim interests are said to control the voles in two counties of Colorado. The scrip system Is In use or paving the employes of the mines, he serin being good only at the com pany s stores. GRAZING LAWS AMENDED ihrrp and Cattle -Men Confer With secretary of As-rlrulture. ORKGOXIAX NEWS BL'REAC. Wash ington. March :. The Secretary of srrtculture. after a conference with representatives of the National Wool- rowers Association and the American National Livestock Association, has mended regulations governing grar- ng en the National forest reserves In wo Important and several nauor par ticulars. Hereafter the department will recog- Ixe a permanent National advisory board, representing sheep- and rattle nterests. which win renter annually 1th the Secretary of Agriculture con cerning graxlng mailers. Beginning xt season on all reserves where qual ity of range and advantages for rais ing sheep and rattle are equal, the earllng rale for sheep win be it per ent of the yearling rate for cattle. The epartment also moliriM us regtna- Kns to prevent speculation la (raxing rlvilegta' j TEXAS IS TARGET Atlantic Fleet Prepares to Riddle Warship. 47 MEN REMAIN ABOARD "Hoodoo or Xary" Taken to Tangier Sound, Chesapeake Bay, Where Teats or K ft col or Shells on Armor Will .Be Seen.' ON BOARD U. S. S. VERMONT, Chesapeake Bay. March 20. The runs of the battleship New Hampshire to morrow will open fire on the battleship San Marcos, formerly the Texas. All Is In readiness for the tests. The exe cution Is contingent solely upon the weather. The firing was to hare begun today, but there was a heavy fog over Tangier Found, and at no time did It lift suf ficiently to permit of the plans being carried out. Thirteen vessels of the Atlantic fleet are gathered either for participation or observation. Twenty-two ships are on the scene to allow their officers to witness the firing. Accompanying the fleet Is the gunboat Dolphin, with the Secretary of the Navy, Senator Clapp, of Minnesota; Representatives Roberts, of Massachu setts: Loud, of Michigan, and Gregg, of Texas: Admiral Wainwrlght, chief of operations, and Commander Andrews, naval aid to the Secretary. Firing on the San Marcos will begin with the New Hampshire opening the bombardment at a range of 8000 yards. Later the guns of the Louisiana may be trained on the ship at shorter range. Tangier Sound jras selected for the tests because of -its shallow water. Should the San Marcos be sunk, opera tions for raising th ship would be simple. On the old battleship Texas when the firing begins will be 47 men who have volunteered to remain aboard and note the results of the shells. GUARD TO CURB RIOTS SOI.PIKKS CALLED TO PIT KXD TO BATTLE OF MIXEItS. Deputies It u -bed to Benld, 111., Arc Driven Back by Armed Mob. Coal Employes Drank. DANVILLE. Ill, March 20. Captain D. R. Swain, of Company L- Illinois National Guard, at midnight received orders from the Adjutant-General to assemble his company and proceed at once to Gillespie. 111., where more than half of the colony of ion foreign min ers, principally Italians, ar reported fighting among themselves following several days of hard drinking begun when they quit work in the mines of the Superior Coal Company at Benld. three miles south of there. Deputy Sheriff Knamlller and eight deputies, who went to Benld Sunday n-.nrr.mg to-furnish protection to a shift, of miners who sought lo return to work, encountered So miners armed with shotguns and were oblige to re turn to Carlinvlla- j JUDICIAL RECALL OPPOSED Ex-President Says He Thinks t It Bad, bnt If Ariiona Wishes to Try It, She Has Right Direct Law making Not TJnreputoUcnn. PHOENIX. Ariz.. March 20. Theo dore Roosevelt completed his tour through the Southwestern where his Rough Rider regiment was raised, when he departed tonight for Los Angeles. The private car In which he and his personal party are travel ing was attached to the Santa Fe train which left her. at 6:30 P M and is clue to arrive in Los Angeles at 10.16 tomorrow. ... is ...it .nnhurned to a ruddy M.r, iVOOWCC, hue by his long motor rides of the last two or three days, speni time In Phoenix. His address to a gathering of more than 5000 people in the City Plara at midday was the fea ture of the day. He visited Governor Sloan at the executive mansion, motor ed about the great valley irrigated by the Roosevelt cam ana i " car Just before the train started. The last event of the day was a talk at the dedication of St. Luke's Home for Tu bercular Patients, fostered by Bishop Atwood- Mrs. Roosevelt and Miss Ethel Roose velt did not participate loaay m ojr i - u Dnn,atf,t'l or ttie ceremonies ui 1 - . w - reception. Recall of Judges Main Topic. Mr. Roosevelt's declaration that th Federal Government should Immediate ly admit the territory Into the Union, ..u..i, v. ,.nroseri the recall provi sion of the constitution as applied to the Judiciary, was the main topic of conversation aoour. rnoenui mu " noon. The address was enlivened by inter jections from the crowd In the shape of questions or suggestions, and Mr. Roosevelt answered every one. When he declared himself as to the recall of the Judiciary, a vole from th crowd called: "We're going to have It too." . From another section of the audience cam the additional statement: "We need it." Mr. Roosevelt paused a moment and then replied: "When you say you are going to have it. I agree with you. It is your -!.-. it wo,, want it. Hut when vou ay you need It. I do not agree with you." A few minutes later another voice broke in. The owner was of foreign v. i . w M hi- K n t uh wna an hrngen that those on the stand could not un derstand him. Mr. nooseveii ssnea . . . . V. 1 Hna.lr .. ahrWtV II l II io reocm. . .. w... his head, saying that an Interpreter seemed necessary. As he caught the drift of the remark. Mr. Roosevelt said It had been suggested that workmen should help each other. H promptly agreed. All Should Help Workmen. "I will go even farthur," he said, "I in .I.- -II ln..rirani :irnilrl heln the worklngmen. But the worklngman should be a good American. If he seeks only to have others help him, and Hoe not nttemnt to helD himself, then heaven help him." There was no reply irom mo man In the crowd. a alio-). .-liana- in Mr. Roosevelt's programme in Los Angeles has been made necessary by the desire of Presi dent Wheeler, of the University of Cali fornia, that he should arrive without fall in Berkeley on Thursday morning. On receiving a telegram from Dr. Wheeler, Mr. Roosevelt's secretary de cided that1- the party must leave Los Angeles by the San Joaquin Valley rout on Wednesdav evening instead of going over the coast line. Mr. Roosevelts car will ne run as a lOIWIIU BCtllUll V '1 ..... ..... ited. Mrs. Roosevelt and her daugh- . ,,, . . i . ..i i .. v. . . r ...111 ler Will I1UL auei men piooo, umw procct s V U A .... . J J J ... . .. line, meeting Mr. Roosevelt on Thurs day at Dr. Wheeler's home In Berkeley. Arizona Should Be State. In his eneech here today Mr. Roose velt said: I regret that Arisona was not ad mitted to statehood by the last Con gress snd I trust that the next Congress will without fall admit it. me objec tions to admitting it I regard as with out warrant of Justice. Apparently these objections have been chiefly or entirely due to the fact that Arlsona has adopted In its constitution the referendum. Ini tiative and recall. 1 do not agree with the form In which Arizona has adopted the recall, especi ally as regards tho Judiciary: but while 1 regret thst Arlsona should have adopt ed the recall In this fashion. I not merely admit, hut insist, that this is a matter purely for Arizona's own decision and that 'neither the opinion of myself or any other outsider has the slightest bear- Ins on Arizona's right to the privileges of statehood. What the views of New York and Texas upon the question may be has nothing whatever to do with Arizona's light to Its own views. . . Ciovernment Still Republican. A "It Is difficult for ma to discuss serl ously the assertion mat wis huiuuii of the initiative, referendum and re call make a form of government which is not Republican. "" Switzerland has adopted all three, and to say that Switz erland is not a republic is simply a contradiction In terms. Surely no one can expect to be taken seriously If h asserts that Oregon or California in us form of government Is not as absolutely reDUblican as Connecticut or Pennsyl vania or Minnesota. This being so, there can bo no ground for refusing to admit a territory to statehood when its pro posed constitution does not essentially differ from tho actual constitutions of certain states already within the Union. "The principles of the initiative and rcfrcndum may or may r.ot be adapted to the nieds of a given state under given conditions. I believe they "ar J useful In some communities ana not ia others. But to deny a territory the right of statehood because It has adopted these principles is as wrong as to say that Vermont should not do a state be cause Its governmental system Is based upon the principle of tho town meeting. "If th Constitution of the United States forbids the use of the referen dum or Initiative, then the Constitution should be amended without delay. "It is so with the principle of the re call. I do not believe In Its wisdom here In Arizona as provided in the Ari zona constitution, hut Arizona hss an absolute right to try the experiment if It sees flu Indeed, a system under which Judges ar appointed for Ufa OPEN SHOPS United Metal Trades Association Portlstnd Armstrong Mfg. Co. Bell. Wlldman Co. Columbia Steel Company. Harper Brass Works. Harris Ice Machine Co. Hesse-Martin Iron Works. Hicks. Burt. Hlppely. B. Independent Foundry Company. Multnomah Iron Works. Northwest Steel Company. ' Oregon Bras Works. Oregon Foundry Company, Pacific Iron Works. Phoenix Iron Works. Portland Boiler Works. Portland Iron Works. Portland Pattern Works. Portland Tool Works. Portland Wire St Iron Works. Prehn. Wm. Smith & Watson Iron Works. Willamette Iron & Steel Works. Willamette A Col. River Towing Co. Wood, John. Iron Works. National Iron & Foundry Co. Helser A Under. B. Trenkman A Co. Portland Elevator Company. Astoria Iron Works. Astoria, Oregon. Eureka Foundry Co- Eureka. CaL Patronize Home Industry PACIFIC IRON WORIu STRUCTURAL STEEL, ARCHITECTURAL IRON. Immediate Delivery. Portland, Or. differs more from one under which they are elected for very short terms, than the latter does from a system which orovides for the recall. Each state should have full liberty to act as It chooses in such a matter, and therefore each territory desirous of being ad mitted as a state should have the same liberty. "I am a strong Nationalist, but I am no less a believer in the rights of the states wherever the rights of the states mean the rights of the people, and In this case the rights of the people in clude the right of the people of any state to decide upon any course of ac tion It deems best In this matter. The United States Government Is In honor bonnd to admit Arizona under its pres ent constitution." Mr. Roosevelt said there were eome provisions in the Arizona constitution with which he did not agree, and con tinued: Recall of Judges Opposed. "Notable among these Is the provision of the recall, especially affecting the Judiciary. I uphold your right to act as you think fit in this matter, but I do not believe the position you nave seen fit to take is wise. I feel strong ly the wrongfulness of the position your opponents take In treating your adoption of the recall of the Judiciary as a Justification for refusing to admit you to the union, yet I also empnati cally feel that under your conditions, the proposal you have made is against the interests of justice and therefore against your interests. "I admit the melancholy fact that there are states where judges have so acted as to make it justifiable and necessary for the people to adopt meas ures for retiring all such Judges from office. But speaking generally and as regards most communities under normal conditions, I feel that it is to our self interest, to the Interest of decent citi zens who want nothing but Justice in its broadest and truest sense, not to adopt any measure which would make Judges timid, which would make them fearful lest deciding rightly in some given case might arouse a storm of an. ger, temporary but fatal. You should shun every measure which would de prive judges of the rugged Indifference and straightforward courage which it la so pre-eminently the Interest of the community to see that they preserve. are linked together. The reason is that at a period when a girl's digestion is weak Scott's Emulsion provides her with powerful nourishment in easily di gested form. It's the food that builds and keeps up a girl's strength. Natural Laxative Water 8peedy Sure Gentle Quickly Relieves CONSTIPATION axn visitixg cards W. C SMITH & CO. U ...!... Uli,, . - Wa.at.gt. I Biltiili 8 m i '- ' r.1 1 There's Never Any Question About His Making a Selection After Having Seen the . Chesterfield Styles Of This Season. They Are a Master Product Guaranteed if Front of Coat Breaks or Loses Shape in One Year's Wear Customer Gets a New Suit Free Young Men's Department Has Been Added The Young Men Who Appreciate Tailored Clothes Correctly Styled, Should Visit Gray's Suits Priced $25 to $50. A Real Pleasure to Show You Season's Latest THEY COST MORE BUT ARE BETTER M. GRAY 273-275 Morrison, at Fourth GAS f DYSPEPSIA. INDIGESTION AND AIL OTHER STOMACH MISERY GOES Take a little Diapepsin now and your Stomach will feel line five minutea later. If your meals don't fit comfortably, i hln.tAil aftftr a.tinar. and or fvu . w . you bellers It is tho food whloh fills you: IT wnat nine yvu nan m . . t a n vnnr attriTTiArh ' If ther. lump vi " j . Is difficulty In breathing; after eating:. eructations 01 sour, unaigesieu iuuu and add, heartburn, brash or a belch- . ..or. mnlra tin vmip mind that you need something; to stop food fermentation ana cure anuiBesnvu. To make every bite of food you eat -a. I . v. nnnHainant and ftrrfin D-th ma 111 " ' Z of your body, you must rid your Stom ach of poisons, axcessive acid and stomach gas, which sours your entire --1 Li...... ix-i t Vi rif&rosHnn anil causes so many sufferers of Dyspepsia, .ICS. nCBUBCDfli UJilWUDUBBO, vuuouyv CI ELECTRIC WASHING Your family -washing can be done perfectly at a cost of 24 cents. The Electric Washing Machine does the business. Fill the Machine with water, soap, clothes, etc., turn the switch and read the morning paper while it does the washing. It wrings them too. It abolishes the "Servant Problem" and saves 75 of your laundry bill. ASK AT THE ELECTRIC STORE PORTLAND RY., LIGHT & POWER GO. ; ALDER AT Hon, Oriplns; etc Tour case Is no different you are a stomach sufferer, though you may call It by some other nam; your real and only trouble is that which you eat does not digest, but quickly ferments and sours, pro ducing almost any unhealthy condition. A case of Pape's Diapepsin will cost fifty cents at any Pharmacy here, and wlll convince any stomach sufferer five minutes after taking; a single doss that Fermentation and Sour Stomach Is ca.using- the misery of Indigestion. No matter if you call your trouble Catarrh of the Stomach, Nervousness or Gastritis, or by any other Mrae always remember that a certain cure Is waiting- at any drug store the mo ment you decide to begin its use. Pape's Diapepsin will regulate any out-of-order Stomach within five mln-1 utes, and digest promptly, without any fuss or discomfort, all of any kind of food yon eat. SEVENTH 'J X