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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 23, 1914)
THE 3IORX1XG OKEGONIAST. TUESDAY, JUNE 23, 1914
WON BY RAILROAD
Rich Oil Lands in California
. Remain With Lines, Rules
i Highest Supreme Court.
GOVERNMENT IS TOO LATE
Decision in Test Action Brought by
Edmund Burke Against Southern
Pacific Holds Patents Valid.
'; Time for Suit Elapsed.
WASHINGTON. June 22. Title of
transcontinental railroads to some
1700,000,000 worth of petroleum land as
against other private claimants wis
upheld today by the Supreme Court in
a test suit brought by Edmund Burke,
of California, against the Southern Fa
ciflc Railroad Company
At the same time Justice Van De-
vanter. for the court, stated that seem
ingly the Government's right to attack
the railroad's title for fraud or error
had expired in 1900 or 1901. It was
mr.de plain, however, that the rights of
the Government were Hot Involved in
the case before the court and there was
no mention of the recent suit brought
by the Government against the South
ern Pacific to regain the very lands
in question. Government officials, aft
er the decision, stated they would con
tinue to press the suit.
Since the Government began to grant
lands to transcontinental railroads In
1866 every patent lssu I to the roads
has contained a reservation or excep
tion, to the effect that lands in the
patent found later to ba mineral lands
should not pass to the railroads. Such
a reservation was contained In the
patents Issued to the Southern Paciflo
for California lands In later years
found to be rich wit trushlne oil wells.
Burke asserted the land did not pass
to. the railroad and sought to inherit
as mineral lands.
The court held that the Land Office
officials could not perform their duty
Imposed upon them by Congress of not
patenting mineral lands by merely In
eertlng the reservation or exception. It
held the officials were bound to de
termine whether the lands were mln
eral before issuing the jatent and that
the patents wer. binding unless pro
cured by fraud or error.
Justice Van Devanter stated that the
patents were issued in 1894 and ap
parently the Government had not pro.
ceeded to set up any claim of fraud
in obtaining them before that time,
although the railroads had presented
an affidavit that the lands were not
mineral. Therefore, he added, seem
ingly, the right to make the attack had
expired In 1900 or 1901.
Patent Issued In. 1894.
The Government Issued a patent in
1894 to the Southern Pacific in aid of
its construction of a transcontinental
line. Patents were issued likewise to
the Northern Pacific and other lines
traversing the plains and the Rockies
to the Coast. Each patent contained an
exception and reservation reading as
"Excluding and excepting all min
eral lands should any such be found in
the tracts aforesaid, but this exclusion
and exception, according to the terms
of the statute, shall not be construed
to Include coal and iron lands."
For years a fierce controversy has
been waged as to the effect of the dis
covery of oil. The railroads contended
that oil was not a mineral, and there
fore oil lands were not excepted from
the grant. Furthermore, the railroads
contended that the exception was void
under the law governing realty.
The Government took the position
that it' could show at any time, even
after the issuance of the patent, that
the lands were oil In nature, and thue
prevent their remaining In the hands
of the railroads.
Tbree-Cornered Fight Results.
. Previous to the Government suit a
three-cornered nature of the contro
versy was emphasized by Burke and
others laying claim to a portion of the
ll lands under the placer mining laws.
They contended that the Southern Pa
cific had no title to the lands on much
the same grounds as the Government,
and asserted affirmative title for themselves.
The value of the property at stake
has been emphasized by showing that
it Is more than the valuation placed
upon both real and personal property
of taxation in either Louisiana, Rhode
Island. Virginia, North Carolina or Ne
braska, and nearly as great as that in
Georgia, Kentucky or Oregon. The
value is said to be seven times as great
as all the gold coin in the United
States, and about three times the com
bined public debts of the various states.
COURT ' nfJTXCTIOX DEX1ED
Treasury Head Xot Restrained From
Granting Cuban Sugar Differential.
WASHINGTON, June 22. The Su
preme Court declined to issue an In
junction restraining the Treasury De
partment from granting Cuban sugar
the 20 per cent differential provided by
treaty, in addition to the new re
duced rates of the tariff law.
The merits of the case, brought by
the State of Louisiana, were not passed
upon, however, and action In the Cus
toms' Court was not precluded by the
Louisiana, as a planter of sugar
cane, on its convict farm, sought the
Injunction. The state's attorney con
tended that the 25 per cent reduction
In sugar rates which became effective
In March under the Underwood law
wiped out the differential. Attorney
General McReynolds advised Secretary
McAdoo that the differential provided
in the Cuban reciprocity treaty still
prevailed despite the reduction.
The Supreme Court did not pass upon
that, but declined the Injunction on the
ground that the power of the Secretary
of the Treasury was discretionary and
not ministerial, and that It would not
Instruct him how to proceed. ;
BIG ERUPTION POSSIBLE
Scientists Say Lassen ' Should Be
Watched for Danger Signs.
REDDING. C!., June 22. Mount
Lassen is not a geyser. Its action,
since first It broke into eruption on
May 30 has been decidedly volcanic
This was the declaration today of J.
S. Diller, a Government expert,' and
considered the foremost authority on
the Lassen quadrangle.
"I don't predict more serious erup
tions," said Mr. Diller. "but the moun
tain ought to be watched for Increased
sctivtty, and for tremors that might
Indicate more serious disturbances- The
action to date involves only a small
area of the mountain top, but if new
apertures should be blown open, they
would be the forerunner of more
DUCHESS OF MANCHESTER'S FATHER AND WOMAN WHO IS SUING
mf tiati Ainn nnn tt n A Ttm T At nr '
XLUO. X $iuu,uuu ahaui aninri.
ft flcil A
V fir- .
DUKE'S BACKER SUED
Heart Balm Asked of Duchess
of Manchester's Father.
$100,000 SUM REQUESTED
Mis9 Icy Wareham, Dog Fancier
Whose Kennels Are I'anwus,
Alleges Railroad Capitalist
Was "Gay Lothario."
NEW YORK, June 18. Eugene Zim
merman, the Cincinnati railroad capi
talist, better known as the father of
the Duchess of Manchester and the
financial "angel" of the Duke him
self, has come face to face with new
experiences. Involving for the time
being $100,000. It is a heart balm suit
brought by Miss Icy Wareham, who
in the complaint just filed here de
clares Mr. Zimmerman promised to
marry her last December, but that be
has procrastinated and procrastinated
beyond the limit of her endurance. She
maintains in her complaint that she
has repeatedly asked her one-time suitor
to fulfill his contract but that he has
from time to time put her off.
Miss Wareham, who is a dog fancier
and maintains famous kennels at Elm-
hurst, L. L, has made her complaint to
reaa more or less interestingly, one
alleges . Mr. Zimmerman is a gay
lothario" and that he melted her heart
with the warmths of his wooing, some
time since and that she promised to
marry him. Thereupon, she declares the
capitalist as suddenly became cold and
refused to rulflll bis promise.
The humiliation, mental anguish and
experience are worth $100,000 Miss
Wareham now declares.
Hiss Icy Wareham and Euitn Zlm-
NOVEL FLIGHT DESCRIBES
(Continued From First Page.)
which almost swallowed up the little
gunboat, a fire broke out in the coal
bunkers while we were trying to keep
the vesssl's head up to the wind, and
In doing so were headed straight lor
China and. the open China sea.
The storm was so great that com
munication with shore was impossible,
or at least was considered so, and com
munication with the shore was abso
lutely and imperatively necessary.
Mustin swam ah sore through waves
and surf and sharks, reached the Army
leaders, and managed to swim back
through a surf through which no boat
It was a brilliant and daring acnieve-
ment and I conceived an admiration for
Mustin that has always endured.
Last week I called on Mustin here
in the roadstead off Vera Cruz. Time
had effected a wondrous change. He
was now in command of the battle
ship Mississippi, the head of the
aviation corps of the Navy, and a man
whose word made hundreds of jackies
leap to obey.
Mustin Commands Battleship.
He is now a lieutenant commander,
but, being- in command of a ship, is
entitled to be called "captain."
Of course I wanted to make a flight
in one of the naval aeroplanes, and
the captain was kind enough to give
me permission to do so. There are
three flying boats and two pontoon
flyers in the camp, and the corps of
aviators consists of seven men. Mustin,
Bellinger, Towers, Chevalier and Smith
are experienced flyers. - -
Pace Is 100 Miles am Hour.
I am quite certain that I could, not
sit with my feet hanging over the
edge of the Washington monument
without undergoing the most Blckentng
qualms, yet in flying at great heights
with one s Test Hanging over notmng,
there is no effect of nausea or dizziness.
It all seems perfectly natural. I have
shuddered while on a high building,
but in a number of aeroplane flights
have never had this sickening sensa
tion. Perhaps the movement forward
and the rush of wind counteract the
dizziness that one has when looking
down from a stationary height.
Already the great fleet of battleships
was beginning to shrink to toy propor
tions by the time we reached it. In
front of me the neignt registering
machine was rapidly marking the
changes in altitude as we climbed In
the sky; 300, 400, 5U0 leet were quicKiy
registered as the machine fought
against the 40 mile wind from the sea.
Only once in a while was there a lurch,
and then It was slight and not di&r
turblng. Once past the fleet we flew
far out over the reefs that lay five
six miles to seaward and then swung
in a wide sweep back toward the
land. Our speed with the wind was
amazing. It was the machine's normal
speed of 5 miles an hour plus the 40
mile wind, a total oi over lou mues an
hour. This was the westward speed
estimated by Captain Mustin and the
other aviators who were watching the
flight from below.
In the meantime, I bad been busily
photographing. My camera was not
adapted to successful photography from
Vera Crua JOOO Feet Below.
After swinging in toward Vera Cruz
e beiran climbing until the little dial
registered 800 feet, and in an incredibly
short time we were over the city and
had swung in a wide half circle out
to sea as-ain. When we. passed over
the battleship fleet on this second trip
we were flying at a little over luuu
feet height and the ships looked small
below us. The great New York,
Wyoming, and Arkansas lost much of
their staggering mightiness, and the
tons of the Wyoming's . basket masts,
which seem high when one Is up in
them, looked Insignificantly low.
Again we turned back form the reefs
and swept in over the city, which lay
like a checkerboard far below. Then
Chevalier indicated that we were to
descend and an instant later, the nose
of C-5 -was suddenly depressed to an
angle of .45 degrees and wo made a
beautiful spiral of three or four turns
down to . the waters within the sea
walls. A little later- we were being
carried out through the surf on the
backs of men in bathing suits and we
were dropped on dry land under the
eyes of a battery of cameras.
It was a delightful experience and
my chief regret is that my photographs
did not come out more satisfactorily.
GIRL, 15, AWES MINT
SIRS. DOLUE MDERMOTT ON TRIAL
tnVDER MANN ACT,
Niece of 21-Year-OId Woman Was
Taken From San Francisco to
Boise, Idaho,'- for Illegal Traffic.
SAN FRANCISCO, June 22. (Spe
cial.) The trial of Mrs. Dolly 1,1a
Dermott for a violation of the
Mann act in . transporting Blossom
Ferguson, her 15-year-old niece, from
this city to Boise, Idaho, was begun
today before a jury in Federal Judge
Dooling"s court. The Ferguson girl
told of being met on the street by her
aunt as she was on the way to school
in January last and going first to Boise
and later to Bingham, Utah. It was
not until reaching the latter place tblt
she entered upon an Illegal life.
The girl said that she and her aunt.
who is only 21 years old, decided to
travel as sisters.- They bought tickets
to Boise and stopped oft at Salt Lake.
In Boise they were unable to get work
as waitresses and went to Ogden. Here,
according to the witness, she became
intoxicated and when she regained her
senses she was with her aunt in a dis
orderly house in Bingham, where she
remained until it became necessary for
her to. go to a hospital.
WILSON ASKS SQUARE DEAL
Campaign Against Legislation Arti
ficial, President Says.
WASHINGTON, JumT 22. Discussing
the so-called "pyschologlcal" business
depression with callers today. Presi
dent Wilson said he had no quarrel
with any persons or corporations who
desired to express either to him or to
Congress their own opinions on busi
ness conditions and anti-trust legisla
tion, but he contended that systematic
circulation of form letters and tele
grams protesting against new legisla
tion was open to criticism.
The President said all he wanted was
square deal, and that everything
shoula be open and above board. Tele-
grgams and letters sent broadcast to
be signed and forwarded to Govern
ment officials constituted an artificial
campaign, he believed.
Harvard Prodigy Gets Degree.
CAMBRIDGE, Mass., June 22. The
youngest student ever graduated from
Harvard will be William James Sldis,
16, when he receives his degree this
week. He completed the work last
year, but was declared too young to
receive a degree.
BY STANDARD OIL
Supreme Court Upholds Hep
bum Amendment and Gov
TWO "JUSTICES DISSEN
Ruling Holds I Ines Common Carri
rrs Subject to Interstate) Com
merce Regulation One Inde
. pendent Company Excepted1. '
WASHINGTON, June 22. Standard
Oil lost its vigorously waged fight
against Government regulation of its
pipelines today when the supreme
Court uDheld the validity of the amend
ment to the Hepburn rate law, wnicn
declared oil pipelines across state lines
common carrier subject to the au
thority of the Interstate Commerce
The court exempted from the opera-
tion of the act the Uncle Sam Oil Com
dodt. an independent. Chief Justice
White and Justice McKenna dissented
from this action.
Justice McKenna also vigorously at'
tacked the constitutionality of the act.
Justice Holmes pointed out, in an
nounclng the majority s conclusion,
that the act was passed to relieve the
country from monopoly of the Standard
Oil Company, and the mere fact that
the Standard's pipelines owned all the
oil it transported did not take It out
of the class of common carriers. He
explained that in effect the Standard
was carrying the oil of other proauqers.
even if it did force them, as a condl
tion of the transportation, to sell the
oil to it. Congress, the court declared,
had the power to make corporations
that were common carriers In fact Da
come so in form. ,
Exemption Is Explained.
As to the Uncle Sam Company, Jus
tice Holmes said the company had
refinery in Kansas and oil wells In
Oklahoma with a connecting pipeline
used solely to conduct oil from its own
wells to its own refinery.
'It would be a perversion of lan
guage, considering the sense in which
it is used in the statute," be added, "to
say that a man was engaged in the
transportation of water whenever he
pumped a pall of water from his well
to his house.
Justice McKenna insisted that the
exemption of the Uncle Sam Company
left the way open for the Standard to
avoid the operation of the law. He
asked if the Standard's lines would not
be exempted, Just as the Uncle Sam
Company, if the Standard ceased to
purchase oil. ."What, then," he -In
quired, "would become of the inde-
The pipeline Dmpanies. justice Mc
Kenna held, had done nothing outside
of the exercise of the rights which all
property owners possessed namelyr to
use their own property exclusively for
. Inaniry Ends in Amendment.
The pipeline amendment to the Hep
burn rate law of 1906 was the result
of investigaVoft by the Bureau of Cor
porations into tne- aixairs of- tne stana-
ard Oil company -Y hen the bureau,
through President Roosevelt, informed
Congress that the Standard's control
of pipelines in the United States was
one of its chief sources of power as a
monopoly. Senator Lodge moved to
amend the rate -law, then before Con
gress, so as to place pipelines under
the regulation of the Interstate Com.
Senator Foraker, of Ohio, began a
fight against the Lodge amendment.
contending that it would be unconstl
tutlonal unless it placed under the
Commission only those lines . which
held themselves out as common carri
When ' the Interstate Commerce
Commission began to enforce the law
it called upon the pipeline companies to
file rates, Of the 28 principal pipelines
In the United States, six refused to
Commerce Court Denied.
The six hostile companies applied to
the Commerce Court and it enjoined
the enforcement of the order, on the
ground that the amendment was un
constitutional. The court held that
there was not the real and substantial
relation between the avowed objects
of the legislation and the means de
vised . for attaining those objects to
make the law constitutional.
Before the Supreme Court, the Gov
ernment took square issue with the
Commerce Court about the relation of
the objects and the means used. The
Government insisted that the object of
the legislation was to make it impos
sible to organize another oil monopoly,
such as had been struck down by the
court in the Standard Oil decision in
1911. It contended- that monopoly of
pipelines was the root of total monop
oly of the oil business. It contended
Congress had a right to prohibit cor
porations, carrying oil In interstate
commerce by pipelines unless they
became common carriers.
Buenos Ayree Has 1,560,163.
BUENOS ATRES. Argentina, June 22.
Figures of the census of the city of
Buenos Ayres, recently taken, show the
number of inhabitants to be 1,560,163.
In 1900 the total was 821,291. General
Gregorio Velez, Argentine Minister of
War. resigned his portfolio today.
For baby's comioct Santisatlo Lotion.
Adv. . .
DECISION'S EFFECT IS SHOWN
Opposing Attorneys View Ruling and
Relation to Future Steps.
SAN FRANCISCO. June 22. In a
statenfent on the Supreme Court's oil
land decision, issued tonight. C. R.
Lewers, the Southern Pacific Company's
counsel, who has handled the railroad
side of the various oil land cases, said:
"The practical effect of the decision
"A patent to a railroad company la
declaration by the Government that
the lands described in the patent are
non-mineral and this, declaration can
not be questioned by any one except
the Government, even though the min
erals were known to exist in the land
at the date of the patent.
The Government may bring suit to
conceal such a patent for fraud or error
In its issuance, provided this suit re
brought within the period fixed by the
statute of limitations. If the statute
of limitations has expired, as it has
in the present case, - the title of the
railroad company Is unassailable.
"The Government may perhaps now
raise the contention that the statute of
limitations did not run, because the
lands were obtained by fraud and be
cause this fraud was concealed until
I do not believe that this conten
tion can be sustained. In the first
place, it is Impossible to prove that
the lands were obtained by fraud, be
cause, at the time they were patented.
It was not dreamed that oil could be
found in them.
"In short.' there was no fraud and
there was no concealment"
B. J. Justice, special assistant to the
United States Attorney-General, who is
prosecuting the Government's suits to
recover oil lands patented to the South
ern Pacific, said tonight:
"The questions of the application of
statute of limitations and of whether
the patents were obtained by fraud on
If you must wear double
; vision lenses wear Kryp
We grind Kryptoks in our
own factory on premises.
209-10-11 Corbett Building
Fifth and Morrison
THE AT ER
"Father's Flirtation" '
"Song in the Dark"
Klaw A Krl jnser's Production,
K. H. Sothera'a Great Saecesa.
FOUR DAYS STARTING SUNDAT
Merman Lleb aad Laura Hall,
Famous Broadway Stars, la
The Greatest fell ft Drama (
10c Always 10c
the part of the railroad company, upon
which the pending suits In part hung,
were not decided by the Supreme Court
today, because they were not presented
and argued In the Burke case. The
court does not know, what the Gov
ernraent's contentions will be upon
these points because It has heard no
arguments as yet.
"In the cases now before the Fed
eral Courts it is our contention that the
patentB were obtained through fraud
and on that point we intend to prose
cute our suits."
OTHER CASES 1YEAKEX IS VIEW
Kruttschnltt Says Sting Is Taken
From Remaining Contentions.
NEW YORK. June 22. Julius Krutt
schnltt, chairman of. the Southern Pa
cific Company, said today of the Uu
preme -Court decision in-the oil lands
'In the opinion of our counsel it sets
forth principles which should to a very
large extent do away with tne numer
ous other suits which are now pending
In the courts regarding other oil prop
erties in California.
'It takes the sting out of the Gov
ernment suit against the Southern Pa
cific leaving but one contention
against the company, namely, fraud In
obtaining title to the lands and the
Government will have to prove such
GUARD HEADS MAY QUIT
DISAFFECTION AMONG COLORADO
MILITIA OFFICERS REVIVES.
Adjutant-General Chase Says Some
Men Will Retire for 'Health Rea.
uu, but Denies Dissatisfaction.
DENVER, June 22. Reports of dis
affection among officers of the Colo
rado National Guard and pending res
ignations were revived today with the
convening tf the Annual Infantry Of
ficers' School, at the state rifle range,
near here. Officers said to be con
cerned declined to discuss the subject
and Adjutant-General John Case met
the report with an absolute denial of
any organized movement among orri
cars to-ault the guard.
Alleged failure of the state to back
un the men in the field during the
fighting which began with the battle
of Ludlow, April 20, and closing with
the truce at Walsenberg, which was
approved by Governor E. M. Emmons,
is said to have caused the reported
General Chase admitted that, of
more than 100 officers, 14 had expressed
to him a desire to be relieved, for rea
sons of business and health, or because
of removal from Colorado. He said
the resignation of Major C. C. Town-
send had been accepted because of ill-
health and "this Is the only one acted
Fourteen non-commissioned officers
had taken the examination last week
for promotion to commissions, he said,
and he Intimated steps would be taken
in due time to relieve officers for busi
ness and health reasons.
The. findings of the court-martial.
which tried 21 officers and enlisted
men of the Colorado National Guard on
charges of murder, arson, manslaugh
ter and larceny as the aftermath of
the battle between the militia . and
strikers at Ludlow, April 21, will prob
ably reach Governor Amnions to-
SOOTHES TENDER SKIN
POSLAM SOAP is the one soap that
you may feel absolutely safe in using
In the nursery. It is non-lrrltUng.
Absolutely pure. It soothes, protects
from infection and disease: is superior
for baby's skin because it contains
Poslam. the great healing reme"v.
Poslam Soap acts as tonic and beau-
tifier for any skin. Improves the com
plexion, ' removes roughness. Unsur
passed for shampooing. Its dally use
benefit and a deugnt.
Sold by all druggists everywhere.
Large else, 26 cents; Toilet sise, IS
WHAT IS A REAL
THAT'S the question we
have been asked scores of
times since the announcement that
we had decided to establish a permarrpnt
auction real estate market in Portland.
To all we answer, "much the same as any
If you are a seller you merely submit yur
property for booking at our office. It is
then appraised, and if the. appraisement M
satisfactory, and the title is perfect, it is
then O. K.'d for regular listing in the cata
logue for the next regular auction sale day.
If you are a buver you secure a copy of
the catalogue published for a specific, sale
date. You look it over as 3011 would any
catalogue, and select the item or items which
most appeal to you. You then examine the
property, and perhaps submit it for your
real estate broker's opinion. You then at
tend the sale on the date announced and bid
as 3-ou like on the property or properties
as they are offered individually.
The establishment of this regular real tata msrVel
promises to result in widespread nd permanent hrnefit,
directly and indirectly, to the public- in general.
401-403 Title & Trust Building:. Port'.nd, Oregon
Grand Special Sale
sell them-at a reduction of
In order to close out
our Men's, Women's
and Children's Low
Cut Shoes, Colonials
and Pumps, we wilt
On top of this we give double S. & H. Green Trading
Stamps with each cash purchase on these Low-Cuts.
An Unbroken Assortment to Choose From
129 Tenth, Bet. Wash, and Alder SU.
Boyden Shoes Hanan Shoes
An entertainment far excelling anything ever before at
tempted in a Pacific Coast hotel will be produced in the
Arcadian Garden, commencing Monday, June 20.
Miss Myrtle Howard, the declared rival of.tbo Vernon
Castles, of international fame, also lute of Lillian Kun
sell'a all-star east, will appear, heading a perfectly-balanced
troupe of high-class dancers and entertainers.
During lunch, dinner nndafter-the-tbeater.
Hiss Myrtle Howard,
Wizard of two continent.
Dancer and singer of popular song.
Paulo it Silva,
Performer and entertainer.
Mis Phyllis Linton,
An appealing and charming actre, aloo
John Lynch. Operatic Tenor.
Watch for Co at In a Aimiffwal RMr4l( laoot ottos
tm Toko Plan Or loo r I.. It Will Rfsuli Mllkoot I'orollol
Manufacturers and Jobbers of Everything
in Paints, Varnishes, Stains, Enamels, Etc,
The Big Paint Store
Front and Morrison Streets