N warn VOL. LI NO. 15,729. PORTLAND, OREGON, TUESDAY,. APRIL 2f. 1911. PRICE FIVE CENTS. tm RAILROAD LOSES FIGHT FOR LAND Government Grant in Oregon at Stake. SOUTHERN PACIFIC HARD HIT Corporation's Counsel' Will Ap peal to Supreme Court. INTENT OF LAW CONTESTED Jodge Wolvrrton Bases Derision t"pon Amendment to Original BtmXuto and Gives Cotfrn mcnt Ota Victory. FACTS ABOTT LAXD GRAXT U4 tnvelved 3.3T3.0OO acrea, Yelee KO.OOO.OOO to ITt.0O0.O00. tecta1oa Demurrer of Southern Feclfle Cwicu; overruled; demurrer of OottrnntBt to contentions of ereee-complalnantg and Intervenora uatalaed: all legal point contended, f-n- by B. D. Toaneend. special assistant to I ho Attoraey-Oeneral. aphsld: victory a sweeping bb, for tha QoTtnoMat Petitions of other persoaa to Intervene denied. Fataro course of litigation nlnet dare allowed W. IX Fsatotu counsel for tho Southern Pacific, to file rail rood conpaar's answer to Govern ment'e suit to cancol patent. Caoo will go to rnlted States Circuit Court of Ajoeals and thence to United States Supreme Court. Mr. Fen ton H undecided whether to appoal open bio demurrer or to file bta answer. Effect oa Intervening- aottlon Court decides law doe not compel tho railroad company to aoll toar tiro who doclaro tbolr intention become Mihn Land will not bo open to settlement aatll It la opened by aft of Coagreee. Judge Wolverton's decision In the fa mous Southern Paclfle land grant suit. If sustained by higher courts, means that 2.17e.0e acres of valuable timber and agricultural land will some day be thrown open to entry. On the demurrer of the Southern Pa cific Company to the Government's com plaint Judge Wol.verton decided all points In the Government's favor, over ruling the demurrer and placing the al legations of the complaint In IssUw. But the facts are not contested by the railroad company. W. D. Fenton. Its counsel, maintaining that the court has not taken the correct view of the Intent of the law and asserting his confidence that on appeal to the United States Cir cuit Court of Appeals or to the Supreme Court, he will win his point. Others believe, however, that In view of the exhaustive nature of Judge Wol verton's decision it will be sustained la the higher courts. , Judge Wolverton's decision hinged upon the Intent of the amendment of April is. 1H J. to the original land grant of 1S. One of the provisions of the amendment was "that the lands granted by the act aforesaid (July 25. lgff) shall be sold to actual settler only. In quantities not greater than one-quarter section to one purchaser, and for a price not exceeding I2.S0 per acre." Railway' Counsel Summarises Case. The railway company contends that this provision of the law Is a mere "un enforceable, regulative directive cove nant, not a condition; that specific per formance cannot be enforced because It Is not compulsory; that withdrawal of the lands from sale Is not a breach." and that the government "has waived the breach by apparent acquiescence In the many deeds of record made by the railroad company In violation of the proviso, by acceptance and use of the road, annual issuance of land pa tents and by effect of the general for feiture acts of January 21. 1885, and September 29. 10." The railway company further con tends that the land patents are con clusive, that were they void the title they purport to convey was confirmed by the force and effect of the acts of March 2. 181. and March 2. 1SS. and ' that these acts bar this suit so far as it refers to lands patented before October. 12. Another contention is that the statute of limitations bars the suits of the cross-complainants and interveners. Judge WoHerton Explains. Judge Wolverton held that the grant did not become operative until the rail way company filed Its assent to the terms of the act and that Congress wss wholly authorized to make such amend ment to the original grant as It saw fit. for. said he. "It disturbed no vested right of the grantee by so doing and except tor the amendment of 186$ the i.ast Side Company would have been In default, and the entire act would have been void." The act. he held, is a law, not a direc tive covenant. "As to the settler clause." said the court. "It is plain that the land depart ment could have nothing to do with any alleged breach of the condition, as by the very order of things such breach wonld come after the time when it would have passed Judgment In relation to the Issuance of the patents under the grant. The lssuano of patents, there fore, could be taken neither as a waiver Concluded oa rase & RAILWAY EARNINGS DISCLOSE INCREASE GROSS F1GCRE6 FOR 3 WEEKS OF APRIL FAVORABLE. While He ports Show Irreicularlty, Lowi In Some Quarter Are Off set by Gain In Oilier. CHICAGO. April I. (Special.) Gross earnings of ail United States rail road reporting; so far for tho first two WHki In April continue In fairly well maintained volume, the total. $13,143.- liJ. showing an Increase as compared with the earnings of the same roads a year ago of fir per cent. The returns now being received show considerable Irregularities, but in no Instance where a loss Is reported Is It especially pronounced, while the de creases oa such roads as Colorado Southern. Denver Rio Grande. Mis souri Kansas A Texas and Texas It Pa. clflc are offset by gains by Interna tional Great Northern. St. Louis South western. Seaboard Air Line. Wabash Southern. In the following table are given the earnings of all United States railroads reporting to data for the first week In April and the Increase, as compared with the earnings of the same roads for the corresponding period a year ago; also for the same period In the two pre ceding months, together with the per centage of gala or loss compared with last year: 1I11. fialn. T.r. sort!, two week IU.as r." I01.MT March, two weeks.. I7.S3.2T "141.3.1 so Fehraary, two weeks JI.:iiOI -..is 0.2 SAVANT GETS DIVORCE Dr. AnsUn O'Malley Given Freedom on Ground of Desertion. PHILADELPHIA. April 24. (Spe elaL) Following the report of th master upon testimony taken In th suit for divorce Instituted by Dr. Aus tin O'Maller. of 2228 South Broad street, a scholar and scientist of Inter national reputation, against his wife. formerly Aline Ellis, of San Fran Cisco, to the Court of Common Pleas, to day. Judges McMlchael and Ferguson handed down a decree granting Dr. O'Malley the freedom he sought. Dr. O'Malley's suit was brought on the grounds of desertion and first came to public notice several weeks ago, when he Inserted a newspaper adver tisement asking his wife, of whom he had been unable to find any trace, to appear In court this morning. . Dr. O'Malley wss married In New Tork In March. 102. and In July. 1901. hi wife was arrested as she waa about to leave the O'Malley home. It Is charged, with William J. Hear In. son of a New Tork broker. Mrs. O'Malley did not appear today when the case waa called 1 ncourt. JAPS BEAT B0Y THIEVES Charge to Bo Made Against Them for Alleged Cruelty to Culprits. WOODLAND. CaL. April 24. (Spe cial.) The District Attorney has been notified that three small boys of Win ters Willie Bets. Culton Clagg and Charley Medina were accused by Japa nese) of entering their cabin and tak tng money and tobacco Friday after noon, afterward hiding the booty. The Japanese watched the boys when they returned to the cache and caught two of them, giving them a severe beating and were lying them to trees. when a white man appeared on the scene and advised the Japanese to ; the peace officer take charge of the boys. So the youngster were brought to Winter for a hearing Saturday morning. The District Attorney waa unable to be present, so the trial was continued. the boys being placed under bonds. Some interested persons say that a warrant will be Issued for the Japa nese, charging them with battery, as soon as the other case Is settled. DR. E. E. BROWN HONORED Commissioner of Education to Be Head of w York Unlversily. NEW TORK. April 24. (Special.) Dr. Elmer Ellsworth Brawn, of Wash Ington. United States Commissioner of Education under Roosevelt and Tart. was elected successor of Dr. Henry Mitchell MacCracken as chancellor of New Tork University at a meeting of the council of th university this after noon. Dr. Brown waa bom at Klantone. Chautauqua County, on August IS, 1161. He was educated at the Illinois State Normal University. University of Michi gan and University of Halle, Witten berg. " A councilman of New Tork Univers ity said today that a new building will soon be started at Unjversity Heights with the residue of the estate of John Stewart Kenneday. It Is said Mr. Havemeyer Is willing to make up th deficit. QUAKE BEHEADS MOUNTAIN Top of "Caesar's Head," Famous North Carolina Teak, Falls. ASHEVILLE. N. C. April 24. Belat ed reports from the mountainous sec tions of Transylvania County say a portion of "Caesar's Head." a famous peak, bad been overturned by an earthquake shock, said to have been felt In western North Carolina Friday night. It Is said part of tho mountain top fell with a crash which was heard for miles. EVIDENCE CLEAR, DECLARES BURN Detective Positive He Has Dynamiters. J. W. M'NAMXRA ISJ.B. BRYDE Prisoner Said to Be Man Wn Bought Explosive.; BROTHER PROVIDED CASH Two Sticks In Times Building Did "ot Explode, and Trace Crime to Chicago ManMcManlgal Blew Cp Iron Works Alleged. , COLUMBUS, C April 24. Detective Bums, who was in Columbus, for an hour tonight en route to Indianapolis, divulged for the first time some of the evidence upon which he bases his charges that the McNamsra brothers and McManlgal were connected with the dynamite outrages In Los Angeles. Burns said he had learned that J. W. McXamara was In Los Angeles at the time of the explosion, in fact had been there for seversl days prior to the dis aster. "When J. W. McXamara reaches Los Angeles this week, he will be identified at the man who purchased dynamite from the Giant Powder Company and who used the alias of J. B. Bryce at the time." tald Burns. "Aside from saying he fits the description of the man who purchased the dynamite, I am .not now privileged to say what other facts we have on which to base our conclusions But you may say I am absolutely posi tive he will be recognized as the pur chaser of the dynamite. Two sticks placed under the Times building failed to explode. They were taken to the Giant Powder Company and identified as pieces purchased by this man Bryce." Kaplan nd Schmidt Anarchists. Burns said that with McNsmara when he bought the dynamite were David Kaplan and M. A. Schmidt, for whom detectives have been searching since the disaster occurred. These two men. Burns said, were anarchists and had no connection with the International As sociation of Bridge It Structural Iron workers. "We have learned that McKamara (J.' W.) was In the pay of J. J. McXamara, secretary of the Ironworkers Assocla- t'on. during the time that he was in Lo Angeles and we have also proof that McManlgal was In the pay of the secretary, continued Burns. "Did McManlgal have anything to do with the Times blowup?" "No, he Is not charged with having a hand In that. He was the man who blew up the Llewellyn Ironworks sev eral weeks later." McManlgal Worked Alone. Burns said McManlgal worked singled (Concluded on Page .) INDEX TO TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, Tl decrees: minimum. 47 decreet. TODAY'S Fair and cooler; westerly wlnda. National. Old-line Senators plan to block revision of - tariff, rate i. Republican factional war In Senate hlngea on one plaoo - on finance committee. Paso J. House Republicans have laugh on Demo crats when ttier propose more cierx- ships. Face 2. Form of Nary officials apology for "snob bery" Incident - resented by Representa tives. Face J. Jerelga. British Bouse of Commons refuses to leave Lords free to veto home rule bllL Paso X, Madero plans to extand trace In Mexico to ail reoel territory ana lor looter time. Fate A , Domestic. Burns declares evidence acalnst dynamite suspects Is positive. Paso s. Western miners ready to raise fund for Mo lt anr.ara a defense. Face 4- Taenty-two Americans entombed by mine explosion. Face 3. m Gross earning for Nation's railroads for two week In April show gains. Pars 1. Henry E. Huntington, of Los Angeles, buys Outenberg Bible for tSO.000. Fag L. Los Anseles Ctrl fights armed burglar and la seriously Injured. Face 6. J. Foster Keller and Attorney Cochrane re leased from Jail In Saa Francisco, rage 9. Sports. Northwestern league results ' yesterday: Portland 10. Seattle 6: Spokane 10. vic toria 8; Vancouver 4, Tacoraa 1. Face 8. Cleveland offers Olson for Neal Ball; Mc- Credlo consents, but says be doesn't need Olson. Faco S. Sacramento to open week's series with Beavera here today. Face S. Paeiflo Northwest. Seattle's civil service employes form pro tective association and asit Mayors sup port, rat t. Won an horsewhips prominent Sara farmer alter dispute over land. Page 7. Twenty-two patients rescued from fire In Mercy Hospital at Roseburg. Page . Addison Bennett pictures search for Blue Bucket mine of fable aa peopling John Day Valley. Page . Portland woman has 8eattle agape wearing anaiet, which la exposed as she enters auto. Pago 1. Commercial and Marine. Another advance In price of Oregon mo hair. Pace 19. Wheat sellers at Chicago take advantage of advance, page 1. Stock market reflects uncertainty over trade outlook. Page 19. Open River line to continue fight for wool Business ot inland Empire, page is. Portland and Vicinity. Lombard and Werleln, candidates for Mayor, address audience of 1000 at Oaks. Page S. Orand Jury takes new tack In Investigation or underworld conditions. Page 13. Mrs. Kersb weeps on eve of departure for penitentiary, page 13. Sale of seats yesterday for coming Kirmess may nave reacnea page 13. W. 8. URen denounced by slngletax advo- catee in siormy session ot uregon atato League. Page 11 Taxpayers' League Issues circular of lntei- est to Portland voters. Page 9. Fight of county for right to close draws reaches climax today. Page 2a Government wins first fight In Southern Pa- cinc lana-grant case. Page l. MILLION SOLDIERS CALLED Germany Will Have Gigantic Force - at Summer Maneuvers. BERLIN. April 24. Germany will have under arms In conectlon with the field maneuvers this Summer practi cally one million men. In addition to the regular army strength of 622,000 men, over - 365,000 reservists will be called to the colors, making a total ef fective strength for the army 977,000. Adding to these men serving with the fleet, an armed force of considerably more than a million will be engaged In the gigantic war game. The new firing regulations for the field artillery, Just published, contain In addition to former directions for fire against captive balloons, a new set of nstructlons governing the use of the artillery against dirigibles and aero planes. It Is admitted, however, that rtlllery fire against aeroplanes offers light chances of success without enor mous use of ammunition. ' WILL HE NEED ASSISTANCE? . : . i REGULARS PLANTO BLOCK REVISION Old-Line Senators Aim to Uphold Tariff, " ALSO PUT DEMOCRATS IN HOLE Opponents Might Fool Them With Insurgent Aid. POLITICAL GAME PLAYED If Regulars Reduce Tariff, Demo- crats May rass Bin as une in stallment of Revision and Enjoy Loud Laugh. OREGONIAN NEWS BUREAU. Wash ington, April 24. A great many mem bers of the honorable United States Senate are determined that there shall be no tinkering with the Payne-Aldrlch tsrlff law at the special session of Cong-ress. notwithstanding the deter mlnatlon of the Democratic majority of the House, and these Senators are de vising various plans to forestall the carrying out of the Democratic pro gramme. The latest legislative coup framed up by the wise ones Is to report out the Canadian reciprocity bill at a reasoti ably early date, allow It to remain be fore the Senate for indeterminate dls' cusslon. and at the same time permit the sundry House bills, revising Alt- ferent schedules of the tariff law, to accumulate in the Senate committee on finance. Wise Ones Concoct Scheme. If, when the Senate has talked It self out on Canadian reciprocity. It has not passed, upon the popular elec tion of Senators, publicity of campaign funds, admission of New Mexico and Arizona and sundry other subjects sub mitted by the House, it can then pro ceed to dispose of these bits of legis lation, and see If the House will be willing to adjourn when they are sev erally submitted to the President for his approval, still leaving the various tariff bills in the finance committee. If the House is not willing to adjourn, then It Is proposed to weld together all the Individual schedule bills passed by the House, alter them to suit the will of the majority of the finance commit tee, add other provisions affecting those schedules . of the Payne-Aldrlch law' which the House may overlook, and re port to the Senate a bill making gen eral revision of all tariff rates. There are some Senators, however, especially those who do not favor. Can adian reciprocity, who would attach a general tariff revision bill to the Can adian measure In the form of a rider, in the hope of killing off not only tariff revision but Canadian reciprocity as welL In these troublous legislative days, (Concluded on Page 7.) SEATTLE GAPES AT PORTLAND ANKLET HOBBLED WOMAN EXPOSES CIRCLE AT ATJTO STEP. Ornament Sparkles as She Raises Skirt Wearer Is Miss Stearns of Willamette Metropolis. SEATTLE, Wash., April 24. (Spe cial.) The anklet has arrived In Se attle. Today on Second avenue in front I of the new Hotel Washington, about tho hour of afternoon tea, a slim wo man in a blue tailored suit, slightly higher than usual, hobble skirt and blue toque hat, stepped into a waiting flying taxlcab that had its "by-the-hour" flag Aseahe lifted her hobble to step into i me waiting venicie tne motor or wnicn was purring like a contented cat. there was a flash and sparkle of sunlight from an ornament on her ankle. It was the anklet. "Beg? your pardon, but isn't this Miss Hammond 7" the Owner of the anklet! was asked. She was taken by surprise J and replied with dignity, "No, 1 am I Miss Stearns, of Portland. I "Oh, I beg your pardon, beg your pardon," her Inter viewer implored. "Is the anklet all the rage in Portland." "I'd rather not talk about It." she said coloring slightly and signaled the driver to start. "Are you going to Introduce the fad here?" "Really I'd rather not talk about it. she replied firmly and the cab moved away. The anklet consists of a plain copper colored gold band, with five small gold bangles. MONKEY INVADES SCHOOL Teacher and Pupils Frightened by Disportings of Simian. Escaping from his cage at the Seven Mile House, on the Section Line road. a monkey ran amuck, made his way to the Buckley schoolhouse, located a short distance east, and took posses' sion of the school, ousting the teacher and frightening the pupils. The Inci dent happened late on Thursday and the news was told in Portland yester day. The simian hopped from bench to bench, then back to the desk of the pretty school ma'am, who had retreat- ed to a safe place, the Intruder thor oughly enjoying his freedom, much to the alarm of the children. After disporting about the room lor several minutes the monkey dropped into the drinking bucket, full of wa ter. The cold bath, most unexpected. did not halt the animal in his search for entertainment. Emerging from the bucket almost as quickly as he had dropped into It, he took a straight cut across the room over the heads of the pupils. , Finally one of the boys, braver than the others, caught the animal after hard struggle, placed it In a sack and restored it to its home, but Mr. Mon key had created such a disturbance that the rest of the lessons for the day in the Buckley schoolhouse were called off. 56 ALLIGATORS BORN HERE Lively Little Fellows Are First Ever Hatched In Oregon. Fifty-six alligators were born In Portland to a pair of alligators im ported from the Everglades of Florida by-P A. Stuhr, of 91 Union avenue. When the alligators were shipped by- express, 70 of the eggs belonging to the family were packed in sand with the mother and father. They were taken to their new home upon the Pacific Coast and the eggs carefully repacked, with a view to se curing the best results from the hatch. As heat is the essential feature regard ing the birth of the alligator, Mr. Stuhr spent night and day watching the tem perature. All the baby alligators arc lively lit tle fellows, and are kept in a basket lined with cotton. Although four days have passed, many of them have not op ened their eyes. "These are the only alligetors, to my knowledge," said Mr. Stuhr, "that were ever born In Oregon. We have now the largest collection of alligators on the Coast, outside of Los Angeies. WOMAN KILLS BIG BEAR Former Music Teacher of Portland Shoots 350-Pound Bruin. CHENOWITH, Wash., April 24. (Special.) Miss Guleck, a homesteader, who formerly taught music In Port land, shot and killed a large black bear on her claim "Ceder Brook" last Wednesday. The animal weighed 350 pounds. Bears have been seen In large num ber in various parts of the Little White Salmon Valley this Spring, and having Just awakened from their Winter's sleep, are very bold. DOWIE . CREDITORS PAID Final Dividend of 2.8 Per Cent Or dered by Judge Landis. CHICAGO, April 24. Creditors 'of the late John Alexander Dowie were paid a final dividend of 2.8 per cent on their claims today by order of United States District Judge Landls. A prior dividend of 10 per cent was paid by Receiver G. D. Thomas on the claims which amount to $4,900,461. Judge Landls also allowed the re ceiver to destroy a quantity of Intimate correspondence between the former Zlon City leader and persons asking spiritual or material advice- 1)0 GUTENBERG BIBLE Henry E. Huntington of Los Angeles Buys It. PRICE BREAKS ALL RECORDS First Book Printed From Mov able Type Brings Fortune. BIDDERS ARE PROMINENT Greatest Auction of Kind Ever Held, Disposing of Famous Hoe Col lection, Attracts Wealthy Bibliophiles of Nation. NEW TORK, April 24. (Special.) Henry E. Huntington, of Los Angeles, nephew of the late Collis P. Hunting ton, tonight paid $50,000 for the fa mous Gutenberg Bible, the first book ever 'printed from movable type, from the Robert Hoe collection. The price is almost double the price ever paid for a book in the history of book dealing. The purchase was made at the auc tion sale which began this afternoon at Anderson's auction rooms. There were 450 persons present, an assemblage probably most representative of promi nent bibliophiles ever congregated in this country, and perhaps in any coun try. Men and women were there in about equal numbers, but with the exception of Miss Green, librarian for J. P. Mor gan, and Madame Belln, of France, the women did little bidding. Interest Becomes Keen. While the bidding opened with un usual briskness, keen Interest did not become apparent until two massive volumes (the Gutenberg Bible) were placed on the auction block. The first bid made was $10,000; Immediately this was Jumped to $15,000, thence to $21,000 and by thousands up to $27,000. Then there was a Jump to $30,000, then to $42,000. Then with alternate bids ranging from $250 to $750, the amount quickly Jumped to $49,000, which was tho under-bidding price of Joseph Wldener, of Philadelphia. At that, George D. Smith put in his bid for $50,000, and the books were knocked to him at that price. After Smith had announced that tna famous books were purchased for Hen ry E. Huntington, there was much ap plause from the audience. $C 2,500 Previous Price. The highest previous price paid for the Gutenberg Bible was $22,500, at which the late Robert Hoe bought-it from Bernard Quaritch, at a private sale. Quaritch bought it in England for $20,000. The copy was printed some time between 1450 and 1455. Total receipts for the evening were $110,295.50, exceeding the afternoon re ceipts by more than $85,000. The second highest price paid during" the evening was $12,000 for Berner s Book of Saint Albans." This was the first English book in which color-print ing was used. George D. Smith was thai purchaser. Ten Bring $1000 Each. In addition to these two books, thero were ten books which sold for more than $1000. Of these there was, "HIstoria di Italia," by Guicciardinl, which waa knocked down to Mr. Smith for $2600. Another handsome folio which was sold to Walter M. Hill, of Chicago, for $5500, was "Aethioplcae wistonae Dy euo- dorus. The works of Gulllaume Coqull lart went to Mr. Smith for $2000, and Bouvelle's geometry to Madame Belln, for $1150. This was the largest public auction sale of books ever attempted. Experts have, estimated the Hoe collection to be worth more than $1,000,000. TOT LOST FOR TEN HOURS First. Adventure Reaches Climax With Tears, Fruit and Candy. Little Norman Nelson, aged 4, of 68S East Sixteenth street, started on his first adventure at 10 o'clock yesterday and wound up in the home of S. Grlm shaw, 412 Florence street, at 8 o'clock last night, nearly four miles from home. He was picked up by Mr. Grimshaw at the corner of Alberta street and Union avenue, where he had been sit ting on the curb since 3 o'clock in the afternoon, hungry and tired and brave ly trying to suppress the big tears that rolled down his cheeks. The little fellow waa taken to the Grimshaw home, where he was feted and dined, given oranges and candy, petted and amused until the tears were gone. In the meantime the Grimshaws telephoned to the police that a stray boy had been found. The 'description. Including red sweater and gray panta loons, fitted the wanderer, and Alex ander Nelson, father of the boy, was notified and went after him. Norman breaks all records at the police station for distances traveled by lost children of his age. How tho policemen overlooked him they do not know, unless It was the "brave front" the little fellow wore which misled them. 'i