VOL. TtTY. NO. 1G,G90.
PORTLAXD, OREGON, TUESDAY, JUNE 2, 1914.
PRICE FIVE CENTS.
f
WITHDRAWAL
BYTAFT HELD VOID
Ruling Says President
" . Usurped Power.
3,000,000 OIL ACRES INVOLVED
Right of Congress to Allow En
V try Remains Supreme.
APPEAL IS NOT EXPECTED
Iegal Principles on Which Decision
In "Billion-Dollar" Case Is Based
. Considered Most Important
by Judge . Dooling.
LOS ANGELES, Juno 1. The con
servation order of ex-President Wil
liam H. Taft withdrawing: from entry
nearly 3,000,000 acres of oil lands in
California was declared Invalid in a
decision rendered by Judge M. T.
Dooling. of the United States Court,
and placed on file here today. The
court held that the President of the
United States had no power to with
draw lands from entry.
The question, however, of whether
the vast area affected by the order of
the former President shall revert to
the status of a domain of free exploi
tation depends upon the decision of the
United States Supreme Court in the
Midwest Oil Company case, which in
volves 17,000 acres of oil land In Wyo-'
mine. This case has been before the
Supreme Court for some time and a
final adjudication is expected this
month.
Decision Is Climax.
The decision of Judge Dooling today
was the climax of what had become
famous in Western court annals as the
"billion dollar case." In September,
1009, President Taft Issued an executive
prder withdrawing from entry 3,041,000
acres of oil lands in the West. Of this
2,871,000 acres comprised the Midway
'field of California. The rest was In
Wyoming... ..
In the following January the United
States Government began an investi
gation of operations by oil companies
on unpatented land and as a result
suits were filed Involving scores of oil
companies, including the Midway
Northern, on which the decision today
of Judge Dooling was based; the
Standard Oil Company and the General
Petroleum Company.
Taft's Order at Issue.
The Government asked for a receiver
for the companies involved, and also
sought an Injunction to restrain fur
ther development work.' In the suits
the Government alleged that the land
withdrawn was sought as a source of
fuel supply for the Navy but the with
drawal order of Mr. Taft stated merely
that its purpose was to aid conserva
tion legislation then In contemplation.
A year ago the companies affected
filed their answers, holding that the
Taft executive order of withdrawal
was Invalid because it had not been
previously sanctioned by Congress. This
was the same argument advanced in
the Wyoming case, and Judge Dooling's
decision today was the same as that
rendered by the court in Wyoming.
Appeal Not Expected.
It is not expected, therefore, that the
Government will appeal the California
case. G. W. Helm, special agent of
the Land Office, who was appointed
temporary receiver of the oil com
panies by Judge Dooling, said tonight
that the status of the lands and corpor
ations Involved probably would remain
as they were until the Supreme Court
hands down the final decision in the
Wyoming case. . . ' -
At the time of the' issuance of the
withdrawal order and at the time the
defendants made entry upon the land
there was in. force and still is in force,
according to the decision, a statutory
provision by which all valuable min
eral deposits on lands belonging to the
United States "are hereby declared free
snd open to exploration and purchase;
a nil the lands in which they are found,
to occupation and purchase."
The provision also declared that
placer claims were open to entry.
Congress Authority Supreme.
"Congress having the executive
power to dispose of the land in ques
tion," the ruling continues, "and to
make all needful rules and regulations
in relation thereto, and having de
clared the minerals therein to be free
and open to exploration and purchase
and the land itself to occupation and
purchase, under the placer mining
laws, the operation of such laws should
not be interfered with by any other
department unless a clear authority
exists for such interference."
It was held clear by Judge Cooling,
however, after reference was made to
several court decisions, that while
withdrawal orders have frequently
been upheld that "no general power of
withdrawal exists."
"I find no case broad enough," he
says, "to cover the withdrawal of more
than 3.000,000 acres of land from the
operation of mineral land laws whether
"in aid of proposed legislation' as stat
ed In the order or for the purpose of
'securing a supply of fuel oil for the
Navy,' as stated in the bill.
"I am fully aware of importance of
this and kindred cases, because of the
magnitude of the interest involved.
But they are still more important be
cause of the legal principles upon
which, they must be determined."
10
SENATOR CUMMINS
IS RENOMINATED
IOWA 1111X5 UP BIO MAJORITY
FOR TOGA WEARER.
Early Returns Also Put Governor
Clarke's Plurality Near 15,000
Over His Two Opponents.
DES MOINES, June 1. Senator XI
bert B. Cummins. Republican, has been
renominated for the United States Sen
ate by a majority ranging between 40,
000 and B0.000 over A. C Savage, ac
cording to estimates based upon early
returns.
Congressman Connolly, Democrat,
should defeat E. T. Meredith by 20,-
000, and Governor Clarke's plurality
over his two opponents for the Repub
lican nomination for Governor is ex
pected to be around -15,000, according
to the same estimates.
On thaDemocratic side John T. Ham
ilton, of Cedar Rapids, Is reported
ahead on early returns, though his op
ponent, V. R. McGinnis. of Leon, is
making a strong race.
The race between S. II. Bashor, of
Waterloo, and Casper Schenk. of Dee
Moines, for the Progressive nomination
for the United States Senate is close,
with the advantage said to be slightly
In favor of Bashor.
George C. White, of Nevada, is the
Progressive nominee for Governor, hav
ing no opposition.
PITCHED BALLS KILL THREE
Connecticut, Kentucky and Texas
Players Meet Untimely Ends.
TOMPKINSVILLE, Ky.. June 1.
While playing a ball game here yester
day Bill Hammer, 21, a school teacher.
was struck on the head by a pitched
ball while batting, causing the rupture
of a blood vessel of the brain, from the
effects' of which he died today.
ROCKVILLE, Conn.. June 1. Frank
Boucher, 22, died here yesterday as
the result of being struck on the fore
head by a pitched ball during a base
ball game yesterday.
FORT WORTH. Tex., June 1. Roy
Mlmms died yesterday a few minutes
after he had been struck over the heart
by a ball while at bat In a game be
tween amateur teams.
FUNSTON, BARS REBEL PESO
Vera Cruz Plans to Prevent Circu
lation of 300,0 00 In Bank Xotes.
VERA CRUZ. "June 1. Brigadler-
General Funston began plans today to
prevent an attempt to place in circula
tion here 300,000 pesos in constitution
alist banknotes.
It is conceded generally by business
men that the constitutionalist printed
money will be refused, but, should it
get into circulation, it would seriously
disturb the ratio of exchange, which
at the present time is about $2.75 Mexi
can for $1.
CITY MAY CENS0R FILMS
Chicago Federal Judge Denies In
junction to Movies Promoters.
CHICAGO, June 1. The right of the
city to censor motion pictures was up
held today by United States District
Judge Seaman, who denied an Injunc
tion sought by three film manufactur
ers. His decision, the court said, was
based on recent action In similar
cases. An appeal will be taken, it Is
said.
NEGRO COLONY SHIP SAILS
Chief Sam Starts Voyage for Gold
Coast of Africa.
PORTLAND, Me., June 1. Chief
Sam's steamer Liberia cleared today
for Salt Pond, on the Gold Coast of
Africa, where it is planned to found
a colony of American negroes. The
ship will call at Galveston, Tex., for
100 Oklahoma negroes.
Chief Sam and many of his followers
are members of the Holy Ghost and
Ub Society.
MRS. M'ADOO IS INDISPOSED
Wife of Secretary of Treasury Suf
fers Slight Sore Throat.
WASHINGTON. June 1 Mrs. Mc
Adoo is suffering from jsore throat,
according to advices to the White
House today from Cornish, N. H. The
slight illness is expected to delay the
return of the McAdoos to the Capital
until the end of the week.
Mrs. W. J. Bryan will give a garden
party for them Saturday.
MRS. BUSCH WINS CONTEST
Claim or $2,112,000 Against Late
Husband's Estate Allowed.
ST. LOUIS, June I. Mrs. Lillie Busch,
widow of Adolphus Busch, was allowed
a claim of J2.112.000 against the estate
of her husband, according to a decision
of the Probate Court today.
The claim represented sum's from
time to time placed with Adolphus
Busch on open account for care, in
vestment and use by him.
BEDPOST POISON FATAL
St. Louis Man Scratches Jfeck as
Head Catches Between Bars.
ST. LOUIS, June 1 John. Blehle
died today of blood poisoning, the re
sult of catching his head between the
brass bars of bis bed.
The poisoning was caused by rub
bing his neck against the bars in an
attempt to free himself.
EMPRESS DISASTER
INQUIRY UNDER WAY
Storstad's Crew Is Ex
amined as Step.
ROYAL COMMISSION IS NAMED
Government Hearing to Fix
Blame Opens June 9.
MORE BODIES IDENTIFIED
Legal Battle to Have Collier Re
leased Under $2 40,000' Bond to
Begin Today Sum Held to
Be Maximum Inability.
MONTREAL, June L Now that the
first burst of excitement and grief over
the sinking of the liner Empress of
Ireland has partially spent itself, the
public is awaiting the ' result of the
governments Inquiry to fix the re
sponsibility for the disaster that re
sulted in the loss of nearly 1000 lives.
A royal commission of three was ap
pointed today to investigate the cause
of the disaster.
The three men who will comprise
the Investigating tribunal are: Sir
Adolph Routhier, Judge of the Court of
Admiralty of Quebec; the Hon. Ezeklel
McLeod, Chief Justice and Judge of the
Admiralty Court of New Brunswick,
appointed by the Canadian government,
and George L. Vaux, of the legal staff
ef the British Board of Trade. Mr.
Vaux sailed from England today to be
present at the hearings, which will be
gin June 9.
Storstad's Crew Examined.
Pending the convening of the com
mission of inquiry. Captain Lindsay,
Dominion Wreck Commissioner, will
continue the preliminary investigation,
begun today, by taking testimony of
survivors and the members of the crew
of the collier Storstad which rammed
the liner.
The second step in the legal battle
arising out of the sinking of the Em
press of Ireland will be taken tomor
row when attorneys for the owners of
the Storstad will appear In the admir
alty division of the exchequer court
and offer a bond of $240,000 and ask
that the collier be released from ar
rest. The $240,000 represents, accord
ing to the contention of counsel, the
maximum liability of the Storstad for
the damage accruing to the Canadian
Pacific Railway.
Place for Inquiry Not Set.
Until the arrival of. Mr. Vaux, a de
cision as to whether the inquiry Is to
be held in Quebec or Montreal will not
be made. It is probable that a repre
sentative of the British admiralty will
(Concluded on Page 2.)
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INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maximum temperature. 14
degrees; minimum, 58 decrees.
TODAY'S Probably fair; westerly wind.
Mexico.
New hitch hmJts progress ef mediators' pro
ceedings. Pass z.
Cacranza. a-iks mediators what they can do
without him. Paxa 1.
Foreign.
Bmpreu disaster inquiry under way. Page 1
National.
President Taft's order withdrawing- 3.000.000
oil acres from entry held Invalid. Pago 1.
Oregon-California land grant case sent to
United States Supreme Court. Page 3.
Labor and farmers unions not to be con
strued as "trust" In bill, House decid.es.
.rage l.
Senate expected to Tote on tolls repeal Sat-
uiday night- Page 1
President says conservation bills not likely
to pass this session. Page 13.
Domestic
Mount Lassen quiet, alter volcanlo outburst.
Pago S.
Portland woman may be called as witness
in Captain Griffiths' case. Page s.
fienator Cummins, of Iowa, is renominated
by big majority. Page 1.
Roosevelt's failure to criticise Republican
party regarded as significant, page IS.
55,000 englnemen on OS railways west of
Chicago order strike vote. Page 2.
Spore
Northwestern League results: Vancouver 4.
Portland 2; poKane 5. Tacoma 1; Vic
toria 7, Seattle 0. Page .
Yachts ready for cup defender try-out today.
Page 7.
Buddy Ryan climbs up Coast League ladder.
Page 8.
Sacramento opens today with "Kid' Mohler
and Klawltter In company. Pag I.
Helen Hald is girl point-winner at Jefferson
High's field meet. Pace 7.
"Passing Show" girl, toe-dancer, to try for
record around bull diamond today.
Page 6.
Pacific Northwest.
Republicans at Chehalls County convention
denounce Democracy. Page 5.
Queen Thelma and party are entertained
royally In Spokane. Page G.
Commercial and Marine.
Wheat dealers not disposed to contract for
new crop. Page 17.
Chicago market breaks because of higher es
timate of Kansas yield. Page 17.
Stock speculation retarded by uncertainty
aa to Missouri Pacific s affairs. Page 17.
Heavy run of livestock and lower prices at
North Portland. Page 17.
Liner Hoerde arrives with cargo from the
Orient- Page 12.
Portland and Vicinity.
Ethel Davis and baby dolls have one of
popular acts at Pantages this week.
Page 16.
Mrs. Edith Hawley, who confessed sending
poisoned candy to stepchildren. Is de
clared insane. Page 11.
Francis B. Sayre, president's son-in-law,
seeks funds for Williams. Page 3.
Commissioner Daly has plan, for cheaper
telephones. Page 11.
Christian stewardship conference opens ses
sion here. Page 16.
"The Passing Show of 1913" at Helllg last
night Is full of gayety. Page 4.
Weather report, data and forecast. Page IX
BRYAN TO LECTURE AGAIN
Secretary of State to Attend Chau
tauquas If Time Permits.
. WASHINGTON. , Juno 1. Secretary
Bryan announced today that if public
business permitted he would spend part
of his vacation this year lecturing on
the Chautauqua circuit as he did last.
Mr. Bryan's first lecture will
br,-
7
livered in North Carolina July 4
QUAKE AT ECUADOR HEAVY
Guayaquil and' Quito Terror-Strlcken
and Houses Are Damaged.
GUAYAQUIL. Ecuador, June 1. A
heavy earthquake occurred here yester
day morning and was also felt severely
at Quito.
Many houses were damaged and the
people were terror-stricken.
CARRANZA, PIQUED,
WARNS
MEDIATORS
"WhatCanYouDoWith
out Me?" He Asks.
CONQUEROR'S ATTITUDE TAKEN
"Who Will Force Me to Abicfcr
by Plan?" Another Query.
LAND SOLUTION SCOFFED
Semi-Of flclal Statement to Press and
A. B. C. Board ""Wonders' IX
Peace Conference Will Resort
to Strife to Gain End.
POINTED REMARKS TN CAR
RANZA'S STATEMENT CRITI
CISING MEDIATION
BOARD.
Dominant sentiment of Niagara
conference is "astonishing."
They do not seem to be aware the
Constitutionalists are conquerors.
The recent successes of the Con
stitutionalists is proof conclusive
Huerta's power is practically ended.
Who will force Constitutionalists
to abide by plan of mediators T
The conference seems to consider
the Constitutionalists a negligible
Quantity.
Commander-in-chief of the Consti
tutionalist army will be provisional
President of Mexico during the elec
tions. If let alone Constitutionalists will
settle the entire Mexican problem.
. How can ABC powers who have
failed to settle the land problems in
their own respective countries hope
to settle that of Mexico?
Conquerors are not won,t to permit
the conquered to dictate terms.
Villa officially denies "ambition"
is driving him on.
Eli PASO, Tex., June 1. A seml-of
ficial statement from General Car-
ranza's headquarters at Durango criti
cising the actions of the A. B. C.
mediators at Niagara Falls and an an
nouncement from General Villa re
Iterating his allegiance as a military
leader to Carranza were the develop
ments today of the Mexican situation
here. Villa arrived today at Chihuahua
City from Torreon on his way for a
visit to Juarez, on the border here.
Carranza was reported as having be
gun preparations to move by way of
Torreon to Saltillo, where he will per
fect his provisional government..
-The statement .from Durango, where
Carranza's provisional government has
been established, was addressed to the
American press, with a note to the ef
feet that it had official sanction, al
(Concluded on Page !:.)
SENATE DUE TO VOTE
ON TOLLS SATURDAY
STMMOVS SAYS STOVEV SHOWS
REPEAL- WILD VTCf BY XIXE.
Faction Fighting Administration
Measure Forces Plan to Bring Up
Bill Each Bay at 1 F. M.
WASHINGTON. June 1 Develop
ments In the Senate today encouraged
leaders in the belief that the vote on
the canal tolls exemption bill will be
taken Saturday night.
Although an effort o secure unani
mous consent for a vote at 4 o'clock
Friday failed. Senator O'Gorman, leader
of the forces opposing repeal, an
nounced that, beginning Wednesday,
the bill would be kept constantly be
fore the Senate until It was disposed
of.
With the adoption of thla plan the
bill will come up automatically at 1
o'clock each day and will not be dis
placed by appropriation bills or other
measures.
During the day a conference be
tween Senators Kern. Simmons and
Lodge at which the forces for and
against repeal were reckoned, led to
an announcement by Senator Simmons
that he expected the bill to receive
52 votes. Senator Simmons asserted
he did not include any Senators counted
as doubtful. If his prediction is ful
filled the repeal bill will have a raa
Jortiy of nine.
Senator Pittman introduced an
amendment which would empower the
President to reduce the tolls rate on
American coastwise ships or exempt
them when necessary to prevent dis
crimination. FACTORY FOLK AFFECTED
Minimum Wage Likely to Bo Fixed
Today at $8.80 a Week.
OLTMPIA. Wash, June 1 (Special )
Following the unanimous recommen
dation of the recent factory conference,
it Is conceded that the Industrial Wel
fare Commission, when it meets here
tomorrow, will establish $S.90 a week
as the minimum wage for female fac
tory workers, effective August 1.
Whether fruit canneries and drying
establishments are factories will be a
question of definition upon which the
Commission will have to rule. An ap
prenticeship policy in regard to fac
tories also must be determined. It is
quite likely that the Commission may
fix different apprenticeship periods for
different industries, such as candy
making, garment working, box manu
facturing, etc
LABOR MEN ASK CLEMENCY
President Fails to Indicate Views In
Dynamiting Cases.
WASHINGTON, June 1. A delegation
of labor representatives, headed by
Representatives Gorman and Sabbath,
of Illinois, presented to President Wil
son today a petition signed by 1.000,000
laboring men. asking executive clem
ency for Thomas M. Ryan, ex-president
of the Structural Ironworkers, and 29
others convicted In the dynamite con
spiracy. E. N. Zollne, of Chicago, attorney for
the convlctea men. presented the case
to the President, who listened carefully,
but did not indicate whether he would
Interfere.
WHEAT "CORNER" PROBED
"Squeeze" In May Corn Also to Un
dergo Federal Inculry.
CHICAGO, June 1. An Investigation
of the -alleged corner In wheat and
the "squeeze" in May corn was begun
here today by Garfield Charles and Da
vid B. Stansbury. assistants in the of
fice of the United States District At
torney. For the present efforts will be
continued in assembling the facts In
the case.
Eighty-seven brokers are said to
have entered complaint against the
Armour Grain Company In connection
with the wheat deal.
LA GRANDE HENS PROLIFIC
Four Cainpines Lay 100 Eggs In
May and Hatch Is 95 Per Cent.
LA GRANDE, Or.. June 1. (Special.)
One hundred eggs from four hens In
one month, with one contributing two
eggs the last day. is the performance
of four Silver Campines owned by C.
A. Nichols, of this city.
The eggs are so fertile that an aver
age of 95 per cent of chicks have been
hatched.
These are the first Campines in this
section of the Grand Ronde Valley.
MOB SETS TOWN ABLAZE
Sulphur Mines Strike in Sicily
Reaches Destructive Stage.
PALERMO, Sicily, June 1. A strike
at the sulphur mines reached a climax
today when a mob at Porto Empedocle
destroyed half the town.
The rioters set fire to the sulphur
stores, destroyed the depots, tore up
railway tracks and cut telephone and
telegraph wires. Troops and police
were dispatched to re-establish order.
WILSON TO SEE OLD MATES
President to Attend Reunion of 7 9
Class of Princeton.
WASHINGTON, June 1. President
Wilson plans to attend the reunion of
the Princeton class of '79. of which
he is a member, on June 13.
lie will leave Washington at rnld
niiht juaa ii,
UNIONS NOT MED
US "TRUST" IN BILL
Labor Wins Fight for
Exemption.
HOUSE INSERTS PARAGRAPH
Clause Says Organized Trade
Doesn't Mean Restraint.
LONG LEGAL WAR FEARED
Progressive Leader Murdock ATera
It Will Take Years for Courts to
Define Law if Passed.
Farmers Are Included. .
WASHINGTON. June 1. Trade)
unions and farmers unions would be
legalized in their existence and de
clared not to bo combinations In re
straint of trade by a paragraph which
the House today incorporated in the
Clayton bill to supplement the anti
trust laws.
Although It is designed only to clar
ify existing law, organized labor lead
ers assert the final passage of thla
amendment will mark the culmination
of a fight waged by them for 14 years
since the passage of the Sherman
anti-trust law for exemption front
prosecution under the laws against
monopolies and restraints of trade. On
a vote to perfect the labor provision
the House was recorded 207 for and,
none against.
Provision In Supplemented.
As adopted the provision sets fortil
that "nothing in the anti-trust law
shall be construed to forbid the exist
ence or operations" of labor unions or
farmers' co-operative associations or to.
forbid or restrain members of such or
ganizations from "carrying out the
legitimate objects thereof."
Supplemental to this provision the
House adopted an amendment proposed
by Representative Webb, In charge of
the bill, and agreed on by organized
labor representatives and the Admin
istration, which would provide that
such organizations and their mem
bers shall not be "held or construed to
be Illegal combinations or conspiracies
In restraint of trade under the anti
trust laws."
Lone Court Controversy Feared.
Although the provision was passed
without a dissenting vote, there was
considerable debate as to just what the
effects of the legislation would be. Dem
ocratic leaders say that the provision
would give labor the exemption it de
sired, and asserted that officials of
Organized labor had indorsed the
phraseology. Progressive Leader Mur
dock and others asserted that it would
be years before the courts could final
ly define just how far the exemption
went and what it meant.
A ci.use to legalize such conferences
and agreements among railroads as are
now subject to the control of the In
terstate Commerce Commission also
was passed by the House. The section
confirms and protects the jurisdlcltlon
of the Commission over such agree
ments and confirms existing laws
against joint agreements to maintain
rates.
Representative Ferris, of Oklahoma,
unsuccessfully sought to Insert a pro
vision making oil and gaspipe lines
and hydroelectric power transmission .
lines engaged in Interstate commerce
common carriers under the jurisdiction
of the Interstate Commerce Commis
sion. Recess fur Dinner Denied.
Determined to hasten consideration,
of the measure. Democratic leaders
pressed the detailed debate and kept
the House in session tonight without
even allowing a recess for dinner. The
holding companies section was taken
up and a substitute proposed by Rep
resentative Volstead, of Minnesota, was
defeated. Representative Volstead said
the pending holding company provision
would practically destroy the effect
iveness of the Sherman anti-trust law.
Senator Newlands, chairman of the
interstate commerce committee, which
has charge of the drafting of anti
trust legislation, announced to the Sen
ate today that he expected to make this
legislation tlio unfinished business be
fore that body after it votes on the
Panama tolls exemption repeal bill.
WHITMAN ENTERS RACE
Republican Gubernatorial Candidate
May Bo Progressives", Too.
NEW YORK. June 1. District At
torney Charles S. Whitman, of New
York, tonight announced his candidacy
for the Republican nomination for Gov.
ernor.
It was learned that a movement has
been launched with the design of pro
curing Mr. Whitman's nomination on
both the Republican and Progressive
tickets.
Charles 1L Duell, Jr., who was active
In the Progressive campaign of 191-',
said tonight that Colonel Roosevelt had
gtven him positive assurance that he
would support the plan.
Americans Visit Pope.
ROME. June 1. The Right Rev. Ma
thias C Lenihan, Bishop of Great FaJla,
Mil tit tLu rAfivfal tiaw X .r T. a T 1 .-,
and presented a party of AirrIcao v'i-
arima.
Inn los.aT