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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 18, 1915)
THE MORNING OREGONIAN. TUESDAY, MAY 18, 1015. BOOTH-KELLY U1D DECISION AFFIRMED Supreme Court Ruling Means Cancellation of La Raut and Jordan Patents. 5 CLAIMS ARE AFFECTED .Entries on I.ane County Tracts De clared Made as Kcfeult of Ar rangements With. Member of lumber Concern. OrtEGONIAN NEWS BUREAU. Wash ington, Jiiay 17. The Supreme Court today affirmed the recree of the Cir cuit Court of Appeals at San Fran cisco in the Booth-Kelly Lumber Com pany and I.a Raut timber land cases. The effect of the decision will be can cellation of patents issued to Stephen. Alice. Ethel and Lucy La Raut and to Edward Jordan, covering timber lands on Brumbaugh Creek, Lane County, Oregon. In its opinion, the Supreme Court ac cepts the interpretation of evidence as outlined in the decision of the Circuit Court of Appeals and finds that all five entries were made "as a result of ar rangements with Booth," were financed by the Booth-Kelly Lumber Company and made in the interest of that company and. therefore, were made in violation of the timber and stone act. Single Armnt Charged. In reviewing the evidence in the case at considerable length, the court lays stress on the testimony of Jordan and of Mrs. M. S. Applestone and con cludes that this evidence, which It holds amply substantiated and "con firmed by the behavior of the parties concerned." clearly shows fraud as to the entries of Stephen La Raut and his wife." "If the defendants case fails as to these two claims, it hardly can succeed as to the others. According to them, all were taken under a single agree men for all," says the court. Much emphasis is lond on the books of the Booth-Kelly Lumber Company, in which $500 advanced by the com pany on each of the claims is charged against stumpage. Moreover, the court finds that the lumber company treated these lands as its own, and showed Interest in them, whereas the record fails to disclose any Interest on the part of the individual entrymen. Payments Credited to Company. Mr. Booth's testimony that he was actuated by benevolent motives In aid ing the La Rauts, it is held, is dis proved as to the entries of Stephen La Raut and his wife, by the fact that when these entrymen proposed to move to Canada, Mr. Booth allowed them to ell out to the lumber company for $50 each in addition to $100 that had been paid them in 1902.. notwithstanding the lands "clearly were worth a great deal more." The court further emphasizes that all moneys advanced to the entrymen were advanced by the lumber company and not by Mr. Booth personally. The evidence of defense is held to he un convincing: and inconsistent with the established facts. "We think it enough to say that the explanations fail to scape the effect of uncontrovertible facts," saws the court In sustaining the lower court. JUDGE GiTENBEMNS REMARKS FROM BENCH HELD SOT LIABLE AS SLANDER. Drmnrrrr la Granted In $3.,000 Salt and Sentiment Voiced at Trlnl la , Ueld Exempt From Action. When a judge from the bench voices entiments not liked by a witness or cue of the parties to the action, he can not bo sued for slander, no matter how eevere his remarks may be. This prin cipal was laid down yesterday by Judge Bean in the Federal Court in sustain ing the demurrer of Judge Oantenbein. of the Multnomah County Circuit Court, to the $25,000 slander suit brought egaisnt him by Henry Conlin, of San l'ranclsco. Air. Conlin was a witness in a case before Judge Uantenbein last year. The Judge commented on his testimony In a way that did not please Mr. Conlin, who brought suit several months later. In sustaining the demurrer. Judge Bean declared that remarks made by a Judge while on the bench, "even when in excess of his jurisdiction," are not liable to civil action. "A demurrer has been filed to the complaint." Judge Bean said further, 'on the ground that it appears from the face of the complaint that the state ments were privileged; the rule of law 1s that a judge of a Superior Court or a court of general jurisdiction is not liable in a civil action for his judicial actions, even when in excess of his jurisdiction, and when they are alleged to have been done maliciously and cor ruptly. Since the complaint In this case shows on its face that the re marks of Judge Uantenbein were made during the progress of a trial that was being held before him and while the court had jurisdiction of the matter, they come within, this rule and do not constitute the basis of a civil action for damages, so the demurrer will be sustained." MR. YEON'S PLAN 0. K'D. SKCTIO.XAL CONTRACTS FOR PAV ING COUNT' ROADS PROPOSED. Separate Agreements Suggested Solve Problem or 10-Year Main tenance Guarantee, Sectional contracts for t-Ue paving of county roads was the scheme Informal ly approved by the County Commis sioners yesterday. It was proposed that each road be divided into sections, according to the nature of the road it self, and that a bid be asked for each section under each of the various speci fications. Roadmaster Yeon was directed by the Board to submit data on this subject. Another scheme which may solve the perplexing problem of a 10-year main tenance guarantee was suggested yeb terday and was submitted to Mr. Teon. It was proposed that separate contracts be made for the maintenance of the hard surfaced roads after they are laid. Mr. Teon explained to the Commis sioners and to Arthur A. Murphy. Deputy District Attorney, his position on the subject. Mr. Murphy said he did not want it understood that he or District Attorney Brans had opposed the guarantea on principle. But ha did not think the maintenance guarantee could be Incorporated properly in the paving contracts. It was then suggested that separate contracts for tha maintenance be made aivd Mr. Teon was directed to prepara these. The Commissioners yesterday re ceived a copy of a resolution passed by the Oswego Commercial Club indorsing concrete pavement. The resolution points out that Oswego has a cement plant which can be utilized if this brand of pavement Is used. DAHGETO BE DISCUSSED O.IESTION OF DIRECTION ISSUE BE FORE CONFERENCE. Recreation Centers, Community Enter tainments and Other Social Func tions Are Topics. Whether Parent-Teacher Associations or an entirely new organization shall manage community dances probably will be one of the main topics to be considered when representatives of the dance-hail committee and the council of the Parent-Teacher Association con fer. At a meeting of the dance-hall com mittee In room A of the Library it was decided to appoint a sub-committee to meet with Mrs. Alva Lee Stephens and the officers of the parent-teacher body to consider recreation centers, commu nity gatherings and public dances. Rev. Frederick K. Howard," chaplain of Good Samaritan Hospital, chairman of the committee that was formed at the suggestion of Judge Gatens, will name the sub-committee within a few days. A report of a consultation with Su perintendent Alderman suggested that Arleta, Kenton, the new Couch and the Washington high schools might be the best places to start the community gatherings in the schools. O. M. Plun-.mer said that he favors dancing following community enter tainments. Miss Valentine Prichard suggested that Miss Elas Gill, secretary of the committee, write to Los Angeles and other cities for information as to the course followed elsewhere. Another meeting of the dance com mittee will be called by Rev. Mr. How ard after the conference with the parent-teacher associations has been held. LAW OF 1789 FIRST USED TRIAL FOR LIFE IN COl'XTV OF OF FENSE GRANTED INDIAN. Redman, Charged With Murder, Only Peraon in History to Invoice . Statute With Success. For the first time since Congress in 1789 passed a statute providing ' that a person accused of an act punishable by death on land under Government juris diction has a right to be tried in tha county where the offense was com mitted, if this rsn De done without "great Inconvenience," the right has been granted to an accused man by a Judge of the United States Court Federal Judge Wolverton yesterday granted the petition of L. R. Webster, as attorney for James Brown, an Indian charged with the murder of Peter Brown, to have the trial at Klamath Falls. Brown was killed in Klamath County. In granting the petition. Judge Wol verton read sections which he declared were unquestionably broad enough to permit the District Judge to hold a special session of court at any place within the district, irrespective of the places specified for the regular term. He directed the clerk of the court to draw a Jury box from Josephine, Jack son, Lake and Klamath Counties, from which to select the jury. This will be George's second trial for the murder. At the first trial, in Medford. the Jury disagreed. The case will be set for trial either on June 10, or in September, this point to be set tled today. Only twice before has the statute in question been invoked bv an accused man, once In 1799, and again in 1820. In both previous cases, the petitions were denied. HY EILERS BACK FROM TRIP Grain Crops Ileported as Greatest in History of California. Hy Filers, president of the Eilers Music House, returned yesterday from an extended trip through California. He reports that the great valleys to the south have in prospect the great- 1. tsmni crops in ne History of the state. The long-continued rains, he thinks, have wrought considerable damage to the cherry crop and to the strawberry crop. "The washouts along the line of the Southern Pacific in the vicinity of Coran," he says, "are an object lesson to every Oregonian interested in the conservation of the forests and refor estation. The fumes from a smelter located near Kennet have killed all vegetation within a radius of 20 miles so that even a slight precipitation causes an immediate and almost un controllable rush of waters." FRENCH TAKE GERMAN POST Loss to Foe Reported Heavy In Oc cupation of Esoka. PARIS, May 17. A French column, commanded by Colonel Mayer, occu pied on May 11 the post of Esoka, in the German colony of Kamerun. ac cording to a telegram received here to day from the Governor-General of French West Africa. The French losses, the message adds, were slight, while those of the Germans were heavy. Seven Killed in Political Dispute. EL PASO, Tex., May 17. General Antonio Villa, a minor commander and a brother of the northern leader, was shot through the head and probably fatally wounded and seven others were killed, among them some Villa officers, as the result of a political dispute in a public place at Chihuahua City, last night, according to reports reaching here today. Roseburg 'Woman Is Indorsed. CORNELIUS, Or.. May 17. (Special.) The girls' sewing clas in the public school has its work on exhibition in the old library room tlrla week. The display is attracting the attention ot many. Miss Annie Newman, who has had charge of the work this year, is planning a regular course for next year. Klamath Men to Work on Roads. KLAMATH FALLS. Or.. May 17. ASpecial.) Practically every business house In Klamath Falls will be closed next Thursday when Klamath Coun people will try to comply with Gover nor Withycombe's good roads proclaina. tion. Local buslenss men will perform volunteer labor upon the roads and highways of the county. TERMINAL RATE 15 GIVEN COAST PORTS Railroad Back Haul Plan for Spokane Barred by Com merce Commission. CANAL ADVANTAGE IS CITED Interstate Body Rules Actual Rate Competition Exists to Portland and Other Cities, Regarded as Victors In Case. OREGONIAN' NKWS BUREAU. Wash ington. May 17. The right of Portland, Vancouver. Astoria and other Pacific Coast ports to lower transcontinental rail rates than are accorded to inland citiee was again upheld by the Inter state Commerce Commission in its de cision today of the Pacific Coast back haul rate case. The Commission found that water competition by way of the Panama Canal is an actuality which must be recognized in establishing rail rates. In this same decision the Com mission blasted the hopes of Spokane by breaking up the plan of the rail roads to carve out a large distributing territory In the Inland Empire, with Spokane as the center. The Commission holds that the rail roads cannot discriminate in favor of Spokane as against other interior points similarly situated, nor can they vitiate any advantage gained by Coast cities by reason of actual water com petition. Hark-Haul Rate Authorized. 'When rates to the Coast cities are lower than to intermediate points be cause of controlling water competition," says the Commission, every inland point should take rates nigner man those to port cities, either by arbi trages varying with distance from the nearest port city or by proportions of local rates from such ports to the desti nation. These rates should be fairly graded from the ports to the interior. "We shall authorize the estaDnsnmem of rates to backhaul points constructed by adding to the full rates to terminals. the arbltraries varying vaun the ais tance but not exceeding 75 per cent of the local rates from the nearest ter minal." "We are fully mindful," adds the Commission, "that one primary purpose of the building of the Panama Canal was to assist in the development and maintenance of an active, efficient and profitable water service between the two coasts. Rail carriers cannot ex pect and the Commission should not authorize such a degree of relief as will secure to rail lines the same per centage of traffic to terminals as they enjoyed prior to the opening of the canal." Ports Entitled to Terminal Rates. Proof having been offered showing that Astoria, Vancouver, Bellingham, Everett, Aberdeen, Iloquiam and Cos mopolls are actually engaged In water traffic by way of the Panama Canal with ports on the Atlantic Coast, the Commission holds these cities, like Portland, Seattle and Tacoma, are en titled to terminal rates. Today's decision is a victory not only for the Pacific Coast cities, but for Montana jobbers, who avowed that they would have been put out of business had the railroad plan of constructing back-haul rates been approved. The effect will be to preserve to every Job bing center its legitimate territory. While the commission does not under take to fix specific rates, it lays down a rule by which the railroads must construct all back-haul rates, and this rule will make it impossible for Spo kane to secure virtually terminal rates, which it would have enjoyed had tlje railroads' schedule been approved. 600 FARMERS AT PICNIC SILVEHTO.V INSTITUTE MAY BE MADE SEMI-ANNUAL. AFFAIR. County Agriculturist Arranging for Corn Show In the Fall, With Liberal Cash Prises Offered. SIL.VERTON, Or.. May 17. (Special.) The farmers' Institute and picnic, held in this city Saturday, was attended by 600 farmers. The damp weather of the few days immediately preceding it necessitate a slight change in plans and the addresses of the morning were held la a theater. The entire day was bright and clear and by noon the damp ness had so far disappeared from the park that it was deemed advisable to hold the remainder of the exercises there. County Agriculturist Chapin spoke on "Soli Fertility: How to Maintain It." Miss Elizabeth Levy, of this city, played several violin solos. "LMversif ied Farm ing was the subject of Professor French, of Oregon Agricultural College. Representative Hawley spoke on "Farm Credits." Free luncheon was served by tne business men of isilverton. at noon. Mr. Chapin is preparing to hold a corn show here this Fall and arrange ments are well under way for It. Plans are being made for cash prizes in lib eral amounts. Saturday's meeting sur passed in interest and attendance the expectations of even the most hopeful, and It is believed because of the inter est now awakened that this event will be made a semi-annual occurrence. PIANO HOUSE QUITS. Kennedy Piano Company now going out of business. New, high-grade pianos, famous makes, at a great sacri fice. Convenient terms, even at sale prices. 226 Third street, near Salmon. Adv. Halsey to Have Mospltla. ALBANY, Or., May 17. ASpecial.) Halsey is to have a hcspital. Dr. T. K. Johnson and Dr. H. G. Garnjobst ,of that city, have leased the annex to the Halsey Hotel and are fitting it up for that purpose. Forger Buys Ioad of Furniture. A load of bamboo furniture was hauled to a vacant lot on East Sixtieth street yesterday. The driver; finding nobody there to receive the goods, took It back to M. Kohara. the storekeeper. Kohara then went to the District At torney's office and swore out a com plnint against E. Sanders. He said- a ORLICEC'S Tlie Original MALTED MILK Unlosm you. say "HORLIGK'S you may got a Substitute Try to taBs BemitiM Hair CaresidtMcia Shampoos with Cuticura Soap preceded by light applications of Cuticura Ointment do much to promote hair-growing conditions. Cuticura flosp sod Ointment sold everywhere. Liberal samp) of earn mailed free, with 3S-D. book, ddnai posi-csrd "CuUcurm," lept. 1AF, Boston. man had bought $4.50 worth of bamboo furniture from him and had given a check for $11.50. Kohara returned $10 change and promised to deliver the bamboo to the address. The check was made out to E. Sanders and signed E. Jamison. "Mr. Sanders" has disap peared. BABY IN $1,000,000 CLASS Son of Greenwich, Conn., Grocer Is Ma do Heir to Wealth. NEW YORK, May S. William J. Smith Cary, ls-mon ths-old son of a Greenwich (Conn.) grocer, has been elevated to the "$1.0UO,000-baby" class by his grandfather's will. The grandparent was the late Will lam J. Smith, millionaire contractor and real estate operator of Greenwich. At his death, six months ago, he left his estate in trust for his wife. airs. Smith died two weeks ago, and examination of the will of her husband showed that little William J. Smith Cary had been made the beneficiary. He will receive control of the estate when he is 21. Thomas F. Cary, the baby's father, married a favorite daughter of Mr. Smith, lie was at one time manager of a large grocery store in Greenwich and later went into business for him self. William J. Smith was associated in business with the late Robert M. Bruce, cotton broker, and built the $3,000,000 home of E. C. Converse at Greenwich. VOW TAKEN TO BE HONEST Business Men Agree to Report Cor rectly on Assessments. BEMIDJI, Minn., May 8. A modern Diogenes will find "easy pickings" in Bemidji, if the vows of business men are kept. When County Auditor J. L. George told Commercial Club members that only three firearms were assessed in the town last year various plans were suggested to make the taxpayers more honest with the Assessors. The one finally agreed to is that every taxpayer will appear before the Board of Review in June to see that I his own and his neighbor's assessments are correct. Lesson of Clamor. Howe's Monthly. When the people clamor for anything, remember that they are clamoring be cause they have been told to clamor by leaders. There is almost no such thing as the people clamoring for a measure because it is right. Every reform meas ue in this country Is based onithe ap pointment of a commission to carry It into effect: the commissioners to be pnid by public taxation. "The Meat of the Future" will not be the Belgian hare or the Angora goat It will be the whole wheat grain prepared in a digestible and palatable form. The best "meat," made by the best process ever discovered, is It contains more nutriment, pound for pound, than meat or eggs, is more easily digested and costs much less. The best cure for liver and uric acid troubles is a meatless diet. Make Shredded Wheat your meat for ten days and see how much better you feel. Two Shredded Wheat Biscuits, heated in the oren to restore crispness, serred with hot milk or cream make a complete, nourishing, satisfying meal at a total cost of five or six cents. Also delicious with fruits. TRISCUIT i the Shredded Wheat Wafer, eaten as a toast with butter or soft cheese, or as a substitute for white flour bread or crackers. Made only by The Shredded Wheat Company, Niagara Fall 3, N. Y. - A m !l ii ! fl i;5 1 1 ml W Ul Hiiiilii I lulilll ilui 11 I! I I ilL Jiliil SUFFRAGE IS URGED Women Declare Ballot Would Quiet Industrial Unrest. IMMEDIATE REPORT ASKED Spokesman for Women's Congres sional Union Wonld Xot Walt for Oongrress, but Aeks Commission to Get President to Act. WASHINGTON. May 17. Votes for women was urged as the remedy for industrial unrest before the Commis sion on Industrial Relations here to day by Mrs. Chrystal Eastman Bene dict, of New York, representing the Congressional Union for Woman Suf frage. Mrs. Benedict declared the commis sion should immediately report to President Wilson advocating a Federal Constitutional amendment for Nation wide woman suffrage. Commissioner Lennon suggested that the commission could only report to Congress and that Congress would not be In session until December. "I had thought of that, too," said Mrs. Benedict. "Make the report to Wilson. Wilson can do it. If you would make him understand that the future of the Democratic party - de pends upon this issue we would get suffrage. You could let him know about it without making a formal re port." Airs. Benedict cited cases where suf frage would have aided women in in dustrial troubles and said that the woman who did not work, as well as the wage-earner, would exert an im mense influence In quieting unrest if she had the ballot. The testimony of the suffragist spokeswoman interrupted that of Clar ence S. Darrow, counsel for unions in several notable trials, who argued that the poor man had not equal oppor tunity before the law with the rich man. He was preceded by Walter Drew, counsel for open shop employ ers, who took an opposite view. Two Centralla Teachers Chosen. CENTRAI.IA. Wash.. Msy 17. f Spe iiuiiilEiiiii A SUIT Sacrifice that is bringing scores of customers to this store Absolutely with none reserved, all my fine fancy tailored suits, sport suits and stroller suits regularly priced $32.50 and $29.50 are of fered at one price $19.85 for your choice from any of these charming suits. Every model new, every one finely tailored, every one well worth its regular price. Make your selection now. Regular $15 White Chinchilla Bal macaan Coats now on sale, $11 .85 BEN SELLING Morrison at Fourth cial.) The Puyallup school directors have elected Miss Grace Thompson, head of the English department of the Centralla High School for the past two years, to head the Knglish depart ment there next year, while Miss Grace Sharp, head of the mathematics de partment of the Centralla High School for the past five years, has been elect ed to a similar position in the Aber deen High School. SUNDAY MOVIES LAWFUL Xew York Court of Appeals Says Cit ies Slay Not Close Shows. ALBANY. N. Y.. May 8. Municipal authorities have no authority to pre vent moving picture shows on Sundays, the Court of Appeals decided. The decision sustained the lower courts in discharging from prison Wol den Kelley, of Yonkers, who was con victed of violating a city ordinance barring Sunday movies. The appellate division recently held that "the legis lature alone may command how Sunday shall be kept; hence the city of Yonk ers cannot independently compel and enforce Sunday closing by means of fines and imprisonment unless such power Is part of the law and policy granted by the Legislature." MELON PLOT GIVEN BOYS Son lh Dakota farmer Mould Re move Temptation lom I. ads. VOLIN. S. D., May 10. To remove the temptation of luscious watermelons growing within night-raiding distance, E. S. Volin, a farmer living near here, has formulated a plan to give the town boys a chance to raise their own water melons. lie has offered the boys of Volin an acre of his land free on condition that they plant it to watermelons, musk melons and pumpkins. The only other requirement is that they take proper care of the crop. RULING FAVORS EMPLOYER Court Holds Ohio Law I'rolectlns Labor Unionists 1 Void. COLUMBl'S, O.. May 8. The Ohio statute which prohibits an employer from discharging an employe because of the membership of the latter In a labor union was held unconstitutional In a decision by the State Supreme Court. The court quoted s recent derision Wlh I! i J J ill1 of the United States Supreme Court In a Kansas esse. Women will find It awfully monoton. ous in heaven if the fashions never change there. $25,000 More a Month The Oregon payroll monthly for making and selling candy Is something like J-j.OOO per month. Less than half the candy consumed In Oregon Is the real Oregon-made article. Yet there is no better candy made In the world than Is made here at home. You can help Increase the payroll $25,000 in this one industry alone by preferring Oregon brands. Patronize Oregon Industry and espe cially remember the following concerns, whose subscriptions make this cam paign possible: "AlTO-LAf TOT l)IIKSMC, Top and body building, painting. Auto Top Co.. 521 Alder. Portland. Al'TO IlF.PAIHIXi AM RKBl II.DIttU. C. B. Miners & Co.. 16th and Alder, Portland, Or. BANKS. The United States National Bank, 7o Third tit.. Portland. Or. CA.nY VOCA.X'S CHOCOLATES. Modern Confectionery Co.. Portland. Oregon. CEREALS "GOI.DEX HOI), Golden Kod Milling Co Portland. Oregon. CUACKERS- M PltKMB DHAMV P. F. Haradon Son. Portland, Oregon. ULEtTRKITV Made la Orrstr Portland Hallway. Light 4k ower Co., Portland, Oregon. Kl RMTlll E n A N D-M A DK, P. A. Taylor Co., 1J0 Tenth St.. Portland. Or. GAMBRINUS Brewing Co.. Portland. Or. OAS APIM.I t( KS AM PtRXACCI, Hess Mfg. Co., il2 Williams ave.. Portland, Or. I MI'I.EM ETJi E ARN. II. M. Wade Sc. Co., Hawthorne ave.. Portland. Or. MO.MMEXTS MARBLE, CRAMTK. . iilaesing Granite Co., 267 Third. Portland and Salem, Or. Insurance Company i'W IKiKM- -III It I. IT MIC." Warren Hros. Co.. Journal illdg.. Portland. Or. Rl IIIIKR IIEEI.K. MKCIMNM. I.OIII Portland Rubber Mills. 3K i:Mt inih Si J.,rlnrl Or 31 ll f