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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 23, 1914)
THE 3IORX1XG OKEGONIAST. TUESDAY, JUNE 23, 1914 I. r s 3 S $700,000,000 CASE 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 xouows: "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 decision. 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 dangerous disturbances." 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 . BaoVHMBaBo&-&oooVooaaoVBHfe 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- a merman. 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 could pass. 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 flying boat. 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. PIPELIHECASELOST BY STANDARD OIL Supreme Court Upholds Hep bum Amendment and Gov ernment Contention. 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 Commission. 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- pendent producer?" 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 themselves. . 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. merce Commission. 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 ers. 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 comply. " 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 this: "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 recently. - 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 TAR Vis ffltjQVtltli Age Demands Comfort If you must wear double ; vision lenses wear Kryp toks. ! We grind Kryptoks in our own factory on premises. THOMPSON OPTICAL INSTITUTE 209-10-11 Corbett Building Fifth and Morrison GLOBE THE AT ER ANNOUNCEMENTS TODAY "Father's Flirtation" ' "Song in the Dark" Pathe's Weekly FOtH DAYS. BEGINNING WEDNESDAY, Klaw A Krl jnser's Production, Lord Chumley K. H. Sothera'a Great Saecesa. FOUR DAYS STARTING SUNDAT Merman Lleb aad Laura Hall, Famous Broadway Stars, la Dope The Greatest fell ft Drama ( Today. 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 case: '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 contention." 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 disaffection. 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 on. 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- POSLAM SOAP SAFEST FOR BABY'S BATH 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 cents. Adv. WHAT IS A REAL ESTATE AUCTION? 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 other auction." 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. Imiairlea lilt4. Metzger&GoodldndAuctionRealtyCo. Marshall 4ftt 401-403 Title & Trust Building:. Port'.nd, Oregon Grand Special Sale 1 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 lOi 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 ROSENTHAL'S 129 Tenth, Bet. Wash, and Alder SU. Boyden Shoes Hanan Shoes ! 1. Entertainment Unsurpassed 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. Nalville Fleeon, 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 la Portlaaa. Hotel Multnomah FISHER, THORSEN & CO. Manufacturers and Jobbers of Everything in Paints, Varnishes, Stains, Enamels, Etc, The Big Paint Store Front and Morrison Streets