Morning Oregonian. (Portland, Or.) 1861-1937, June 22, 1915, Image 1

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    VOL. LV-NO. 17,028.
0. & C. GRANT
Supreme Court Reverses
Forfeiture Decree.
Highest Tribunal Refuses to
Return Lands to Gov
Original Provision for Sale
of Lands Held Enforce
able "Covenants."
Government's petition that
lands of Oregon & California
Railroad grant be declared for
feit is denied, reversing' Federal
District Court for Oregon.
Pleas of interveners for trus
teeship rejected.
Southern Pacific Company as
successor of Oregon & California
Railroad Company, enjoined from
disposing of unsold lands until
Congress shall have' time to leg
islate for their disposition.
If Congress fails to act within
"a reasonable time" Southern
Pacific Company may apply to
Federal District Court for modi
fication of that portion of injunc
tion which forbids disposition of
lands and timber.
Conditions of original grant
respecting sale of. lands held to
be in nature of enforceable
"covenants." Their non-enforcement
not ground for forfeiture.
Washington, June 21. By a unanim
ous decision rendered by Justice Mc
Kenna the United States Supreme
Court today rejected the contention of
the Government and of cross-com
plainants and of interveners in the
Oregon & California land grant suit;
declined to decree forfeiture; held the
actual settlers' clause to be an en
forceable "covenant" and not a "con
dition subsequent," and in reversing
the decree of Judge Wolverton en
joined the railroad company against
further violation of the covenants. Go
ing further, however, the court says
"In view of such disregard of the
covenants to gain illegal emolument,
and in view of the Government's in
terest in exact observance of them, it
might seem that restriction upon the
future conduct of the railroad com
pany and its various agencies is an
imperfect relief; but the Government
has not a'sked for more.
No Lands to Be Sold.
"We think, therefore, that the rail
read company should not only be ea
joined from sales in violation of the
covenants, but enjoined from any dis
position of the lands whatever or of
the timber thereon and from cutting
or authorizing the cutting or removal
of any of the timber thereon until
Congress shall have a reasonable op
portunity to provide by legislation for
. their disposition in accordance with
such policy as it may deem fitting un
der the circumstances and at the same
time secure to the defendants all the
value the granting acts conferred
upon the railroads.
"If Congress does not make such
provision the defendants may. apply
to the District Court within a reason
able time, not less than six months,
from the entry of the decree herein,
for a modification of so much of the
injunction herein ordered as enjoins
any disposition of the lands and tim
ber until Congress shall act, and the
court in its discretion may modify tb
decree accordingly."
Penalty Is Provided.
This last and unexpected feature of
the decision, again throwing the land
grant case into Congress, simply
means that the court did not feel the
railroad company should go unpun
ished for its deliberate and repeated
violations of the granting act. While
the court holds the railroad company
is still entitled to receive $2.50 for
each unsold acre of its grant, Con
gress, having displayed its concern
over violations of the granting act, is
Concluded on 1'age Column l..
Gold Trophy Goes to Playgrounds
and Silver to Individual Club
and Exhibit as Whole.
cisco, June 21. (Special.) The Oregon
school exhibit in the Palace of Educa
tion won the gold medal on play
grounds as portrayed In the official
pamphlet, a- silver medal on individual
club work and the silver medal on Ha
exhibit as a whole.
This recognition was gained in the
face of the fact that the principal Ore
gon exhibit and all the exhibits of the
Oregon school children are in the Ore
gon State building and were not en
tered for awards Two-thirds of the
states have elaborate exhibits, many
spending as much as $40,000 and none
less than $5000. Oregon's exhibit cost
the state $1000.
Miss Stuart, of the Lux Girl3' School,
San Francisco, says:
"There Is no exhibit of sewing on
the grounds that equals that of the
Oregon school children In the state
Great credit is given E. F. Carlton
for the installation.
Arrests to Be Made lor Overloading
Cars, tfy Major's Order.
Overloaded jitneys are now under the
ban. Mayor Albea yesterday instructed
the police to take steps at once to
prevent the jitney cars from carrying
more than their seating capacity. This
is in compliance with a provision of
the Jitney regulation ordinance adopt
ed by the voters at the recent city
The Jitney drivers will be notified
not to take on more passengers than
they can seat, after which arrests will
be made for violations. All other pro
visions of the jitney regulation ordi
nance will go into effect July 1.
Northern Pacific Railway Employes
Choose Portland for Wedding.
A double wedding ceremony, with a
brother and sister as participants in
the two alliances, was performed at
noon yesterday by the Rev, F. L. Love
land at the First M. E. Church. Ben
jamin A.' Hendricks, of Seattle, was
married to Miss Henrietta J. West, of
Everett. At the same time Miss West's
brother, William W. West, was married
to Miss Bernlce Blanchard, of Seattle.
Both couples came to Portland from
Seattle yesterday mornins and regis
tered at the Portland Hotel. The young
men are electricians in the employ of
the Korthern Pacific Railway.
Court Rules That Berth Must Not
Be Engaged Before Bed Is Fixed.
WASHINGTON, June 21. The Wis
consin statute prohibiting the making
up of an upper berth on a sleeping
car until the berth Is engaged, was
annulled as an unconstitutional taking
of private property without compensa
tion today by the Supreme Court,-
Justice Lamar, for the court, added
that there was evidence to show that
the law interfered with interstate com
merce in that it was an inconvenience
for a man or woman to have the upper
made up after he or she had gottep
into the lower. Justices McKenna and
Holmes dissented.
Remarkable Activity on Old Sol's
Disc Seen at Observatory.
ST. LOUIS, Mo., June 21. Remark
able sunspot activity was witnessed
by astronomers at Christian Brothers'
College Sunday. One hundred and fifty
spots were seen by Brother Hubert, 33
more than were visible on Friday and
Records kept at the college show
that unusual weather disturbances
have been followed by great sunspot
activity and that a waning of sun
spots has been followed by clear
Texas Man Charged With Killing
Lecturer Is Acquitted.
MARSHALL, Tex., June 21. Frank
O'Leary, one of five Marshall men in
dicted for the murder here, February
3, 1915, of William Black, an anti
Catholic lecturer, was acquitted in
District Court here today on an in
structed verdict.
The state previously had sought dis
missal of the case on the ground that
there was not sufficient evidence to
convict O'Leary. The defense insisted
on a formal acquittal by a Jury.
l-'locks of Airmen to Be Sent to
European . Wur Zine.
OTTAWA, Ont., June 21. The first
flock of Canadian aviators to do duty
over the battlefields of Europe will
cross the Atlantic next month. The
date of their sailing, it is believed, will
be soon. More than 1000 Canadians
have applied for permission to enter
the aerial service.
Some of those who afe to sail soon,
unable to obtain instructions at Toron
to, went to the United States to learn
the art of flying. j
Commons Votes Credit
Without Limit.
Official Says it Would Be
Dangerous to Tell Needs.
Chancellor McKenna Appeals to All
to Invest, Showing It. Will Aid
Them and Nation at Same
Time) Amounts to Vary.
LONDON", June 21. The House of
Commons adjourned tonight after
unanimously giving a first reading to
the bill providing the new Chancellor
of the Exchequer. Reginald McKenna,
with a blank check which may amount,
at a maximum, to 1,000.000,000 ($5,000.
000,000). The vote of credit for 250.000,000
($1,250,000,000), passed last week by
the House, simply authorized the gov
ernment to spend that much for war
purposes, but did. not provide for the
manner in which this sum should be
raised. Tonight's enactment was In the
form of a resolution which empowers
the government to raise not only the
250,000.000 deemed necessary to pay
the cost of the war. at the rate of
3,000.000 sterling daily, for a limited
period, but as much more as may be
Former Loans to Be Covered.
The Chancellor of the Exchequer
made a long explanation of the pro
posed loan, and. in closing said that on
the technical question as to the limit
of the new loan it would be dangerous
to disclose the necessity for not fixing
any definite sum. and he added that
the only figures he could put in the bill
would be a maximum which would
cover all requirements of the new loan,
including provisions enabling -the. subv
scribers to previous war loans and the
holders of consols to participate.
This maximum would not fall far
short of a thousand million pounds
Loan to Be Issued at Far.
The new loan which as now provided
for is of an Indefinite amount, will
be issued at par, will bear interest
at the rate of 4 per cent, and will-be
redeemed at the option of the govern
ment between 1928 and 1945. While the
Chancellor of the Exchequer is to re
ceive a blank check for 1,000.000.000,
he explained in his speech- that ne did
not say he was asking for this sum
and if he did not get it, the loan
would not be a failure, as he really
did not expect to get that amount, nor
did he really want it.
He deemed it advisable, however, to
fix on a sum to meet adequately the
necessities of the situation. The Chan
cellor said he wished to appeal to the
Concluded on Page 0. Column 1.)
i t
"rZY v N I regards 1
The Weather,
YESTERDAY'S Maximum temperature,
79.U degrees; minimum. 49.8 degrees.
TODAY'S Fair, warmer; northwesterly
Land Grant Ieclaion.
Supreme Court enjoins Oregon & California
from selling; lands in grant and refuses
to forfeit lands to Government. Page 1.
Governor Withycombe says land grant de
cision is good for Oregon. Page 2.
Decision affects 25,000 persons in Oregon.
' Page o.
Case fought in courts more than 10 years.
Pago a.
House of Commons votes unlimited credit
to England ' in new war loan. Fag 1.
Germany's reply to American note to be
viewed by Kaiser before being sent.
Page 6.
Germans regard victory in Galicla as com
plete. Page 6.
Pope Benedict refuses to condemn Germany
for alleged atrocities. Page 6.
Supreme Court reopens harvester case for
argument, without request from litigants.
Page 3.
President virtually decided to appoint Robert
Lansing Secretary of State. Page L
Supreme Court holds two Southern voting
restrictions illegal. Page 3.
Oregon schools win unsought gold and sil
ver -medals at exposition. Page 1.
Visitors at San Francisco enjoy feast on
Oregon cherries from Salem. Page u.
Militia called to protect Georgia's Governor
from mob. Page 1.
Flurry among Mexican leaders puzzles
Washington. Page 4. ,
Sports. ...
Portland opens series -with Seals on latter'
home -rounds today. Page . 16.
Athletics defeat. Yankees In double-header
Page IT.
Tamoca women carry off honors in qualify
ing and first round of play tor north
west championship. Page 16.
Commercial and Marine.
Broader demand for old and new hops.
Page 17.
Livestock prices are tending downward.
Page 17.
New wheat at Chicago sells under dollar
mark. Page 17.
Substantial gains made In standard stocks.
Page 17.
Railroads to ask dismissal of suit affecting
ownership of steamers. Page 13.
Second-day crowd aboard Northern Pacific
12,484. Page 13.
Portland and Vicinity.
Portland delegation Impresses state's needs
on Congressional committee. Page 1.
Musicians, discharged by theaters, may call
on Stage Employes' Union to strike.
Page 12.
O.-W. R. & N. finds poor have gardens now
on unused railroad land. Page 11.
M. G. Willis, pioneer of 18.-.3. returns to
greet old associates. Page 9.
Charities fund buys food and prevents many
suicides. Page 18.
C. E. RIgdon accused of many clever cteck
forgeries. Page 13.
Empress presents another good bin. Page 12.
Sarah Padden delights Pantages audiences.
Page 18.
Work is begun on paving of county high
ways. Page 31-
Father of bridegroom threatens to break up
high school newlyweds. . Page 7.
Weather report, data and forecast. Page 13.
Conductor on Woodstock Line Is
Itobbed of Eight Dollars.
Woodstock car No. 718 was held up
at Fifty-seventh street and Sixtieth
avenue this morning about 1 o'clock by
a lone robber who' relieved the con
ductor, A. R. Keiser, of about ?8 in
Tho robber rode to the end of the
line and then held up the car and es
caped, lie is said to have been a dark,
heavybuilt man.
Unpatriotic Relations With Anstrla
Is Charged.
BRESCIA. Italy, via Paris. June 21.
The military authorities have ar
rested 15 monks in a monastery near
here. They are accused of maintaining
unpatriotic relations with Austria.
The monastery has been closed and
the monks will be put on trial.
Views Impressed on
Congressional Party.
Portland Delegation Reviews
Oregon's History.
Senator Chamberlain, Ex-Governor
West, J. Jf. Teal and Others Bring
Out Fact That State Spends
Generously for Development. x
Perhaps nothing has so emphasized
the intense interest of the whole State
of Oregon In reclamation projects east
of the Cascade Mountains as the action
of the Portland Chamber of Commerce
in sending a representative delegation
of Oresonlans to board the Congres
sional train when it arrived at Grants
Pass yesterday to impress the ap
propriations committee of Congress with
the great needs of the arid belt.
"Where an air cf lethargy prevailed,
because of the committee having
viewed project after project while en
route west, until a more or less me
chanical manner of looking at things
had been acquired, the committee
reached Portland with a keen interest
in Oregon and a comprehensive knowl
edge of what the Government can do
through the appropriations committee
to make the sagebrush of the Eastern
and the Central Oregon country give
way to fields of alfalfa, and to change
the habitat of the jackrabbit to com
munities of prosperous homes.
Data Are Provided.
All yesterday the Portlanders poured
information into the ears of the mem
bers of the committee, and it was of a
character that would be borne in mind.
Senator Chamberlain began the pro
ceedings by announcing to Chairman
Fitzgerald that- the delegation, wanted
to discuss reclamation matters and had
been at considerable expense to offer
information from the best sources the
state possessed, cjid soon after the train
left Grants Pass the session began.
Ex-Governor West briefly reviewed
the history of reclamation in Oregon
and pointed out that of the 750,000
acres of land which it was originally
desired to irrigate by Government aid
but 350,000 were now withdrawn for
such purposes. He showed the part
that Oregon had played in furnishing
money from the sale of public lands
and where It had been applied to the
reclamation of lands in other stales.
Ha "Claims" Recognized. -
Chairman Fitzgerald then interjected
the remark that the appropriations
committee was beginning the handling
of funds for reclamation purposes with
the idea that no state was "entitled"
to anything. His intimation was that
it would be the policy of the commit-
Concluded on Page 7, Column 1.)
Department Counselor's Appoint
ment to Cabinet May lie
Announced Today.
WASHINGTON. June 21. President
Wilson was understood tonight to have
virtually decided on the appointment
of Robert Lansing as Secretary of
State to succeed William" Jennings
Bryan. It was said in well-informed
quarters that while the President had
not finally made up his mind, it was j
aimosc a certainty that Mr. Lansing,
counselor and Secretary ad interim, of
tho State Department, would receive
the portfolio.
Mr. Lansing was at the White House
during the day and had a long talk
with Secretary Tumulty. He .would not
discuss his visit, and later left for
Hamilton, N. Y.. to attend commence
ment exercises at Colgate University
and receive an honorary degree.
The President plans to leave here
Wednesday night for New York, where
he will spend Thursday with Colonel
E. M. House before going to the "Sum
mer .White House" at Cornish, N. H.
It has been considered likely that he
would discuss the question of Mr. Bry
an's successor with Colonel House be
fore making an announcement, but to
night there was said to be a possibility
that the appointment might be made
Sum Is Total Assessed on Land
Grunt in 18 Counties.
The assessed valuation of the Oregon
& California land grant is more than
$21,000,000 in the IS Oregon counties,
according to the State Tax Commis
sion's annual report for 1915.
The Tax Commission, in its report,
raised the question as to whether or
not the counties could collect taxes on
the lands In the grant in the event the
Supreme Court upheld the railroad
company in the suit brought by the
Actions of Grace Stewart Potter,
Concert Fianist, Unexplained.
CHICAGO, June 21. Miss ' Grace
Stewart Potter, concert pianist, protege
of Mrs. George M. Pullman, who van
ished a week ago Sunday and who, the
police feared, might have been drowned,
walked into the home of Mrs. Scott
Durand in Lake Bluff tonight.
Friends of the young woman refused
to give any information as to the rea
son for her disappearance or where
she had been during the absence.
Boys Escape From Institution In
Night Clothes and Disappear.
LOS ANGELES, June 21. Javin Sain,
aged 14. and Walter Kerr, 16, inmates
exposed to dipntheria contagion at
Juvenile Hall, escaped from the insti
tution today in their night clothes and
are being sought by officers.
After getting out of the hall the boys,
who decided to avoid a diphtheria vac
cination, went to Sain's home, where
they procured clothing and then dis
Craft Loses Pilot-House and Kn-gine-Room
Is Damaged.
Fire which threatened for a time to
spread to the docks on shore damaged
the St. Johns ferryboat shortly before
midnight last night. The fire de
stroyed one of the pilot-houses and
burned the boat badly around the boiler.
When discovered the boat seemed to
be a sheet of flames and lighted up the
city of St. Johns. The entire St. Johns
fire equipment was rushed to the scene.
Portland Man in War Zone Arrested
by Military Authorities.
WASHINGTON, June 21. John Reed,
of Portland, Or., an American war cor
respondent, and Boardman Robinson, an
artist, are under arrest at Kholm,
Russia, for having entered the mili
tary zone without permission.
Ambassador Marye at Petrograd re
ported their detention today, and asked
for information which would establish
their status and obtain their release.
Captain John Graham Falls in Eat-
tie of Ypres.
LIVERPOOL, June 21. Captain John
Graham, famous as an amateur golfer.
has been killed at Ypres during a
charge against the Germans by the
Liverpool Scottish Brigade.
Captain Graham last year, playing
for the Royal Liverpool Golf Club, won
the St. George's grand challenge cup
at Sandwich.
Temperamental Weakness Found In
Minister to Santo Domingo.
WASHINGTON, June 21. James M.
Sullivan, American Minister to the
Dominican Republic, is held to be tem
peramentally unfit for his office by the
report of Senator Phelan. who con
ducted an investigation into charges.
,111 11 HALTS
Missiles Hit Troops at
Governor's Home,
Crowd Dispersed Without Shot
Being Fired, but Trouble Is
Feared at Prison Farm.
Prisoner Beginning Life Sen
tence May Be in Danger
of Mob Violence.
ATLANTA, Ga., June 21. -With
several hundred men and boys clam
oring to get in the front gates of his
country home, which had been barri
caded with barbed wire entanglements,
and threatening to overpower 20 coun
try policemen, armed with riot guns,
Governor Slaton called out the militia
late tonight for protection.
Upon the arrival of four companies
of state guardsmen, which had been
held under arms and rushed to the
estate in automobiles, the Governor
proclaimed - martial law in a district
extending half a mile in front of hi3
home, half a mile back and for a dis
tance of about a quarter of a mile on
either side.
Bricks and Stones Thrown.
When the soldiers lined uj) with
fixed bayonets to disperse the crowd,
stones, bricks and bottles were thrown
at them. A brick struck Lieutenant
Arnold Parker in the stomach and
rendered him unconscious for a short
time. A bottle, thrown at Private W.
W. Foope, cut his hand.
The commanding officer, Major
Catron, was struck by a stone, as were
several of the men.
The Governor proclaimed martial
law at exactly 11 o'clock and by mid
night the crowd had virtually been
dispersed. There was no firing.
Frank May Be in Danger.
A telephone message from Milledge
ville, where the state prison farm i3
located and where Leo M. Frank was
taken today after Governor Slaton had
commuted his death sentence to life
imprisonment, said that trouble was
feared there tonight and asked that
the Governor order out the Milledge
ville company of militia.
The Governor told his informant
that such a request would have to
come from the Sheriff of Baldwin
County. At midnight the Sheriff had
not requested troops.
The Governor was surrounded at
his home by about a dozen friends,
nearly every one of whom was armed
with a rifle or pistol. The unexpected
appearance of a member of the family
at a dark corner of the front porch
caused the Governor himself hastily
to pick up a large pistol.
Auto Owners Defy Militia.
In front of the Governor's house
were more than 100 automobiles filled
with persons evidently there to see
what the crowd would do. The troops
had great difficulty in clearing the
road of these machines, and many of
their orders were met with the retort
of "shoot."
I .ate today crowds that had been
demonstrating on downtown streets
had disappeared, but shortly after dark
the main business thoroughfares be
came thronged. Later in the night the
police had their hands full, and when
the order was given to march to Gov
ernor Slaton's home, four miles from
the center of the city, no effort was
made to halt the procession.
It was reported at the Governor's
home that the crowd numbering some
700 was on its way and the executive
immediately got in touch with Sheriff
Mangum and state militia officers. The
Sheriff hurried to the place and swore
In as special deputies each of the Gov
ernor's friends who had gone to his
home to aid in any emergency that
might arise.
. Policemen Are Barricaded.
When the throng reached the Gov
ernor's place the Sheriff had several
country policemen on guard behind
the gates, which had been barricaded
with barbed wire. The throng became
noisy. Lights in the house were ex
tinguished and the Governor's friends
took stations about the front vnranda,
arming themselves with rifles.
The militia arrived shortly after
wards Frank, whose death sentence for the
murder of Mary Phagan was commuted
(.Concluded on Fajc u. Column 1.)