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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 22, 1915)
9 TIIE MORNING OREGONIAN. TUESDAY, JUNE 22, 1915. DECISION AFFECTS . MORE THAN -25.000 UNITED STATES SUPREME COURT JUSTICE WHO WROTE OPINION HARVESTER CASE IN OREGON & CALIFORNIA LAND GRANT CASE. 3000 Yards of Pro-Linoleum Purchased at a Concession That Only Real Ready Cash Can Secure This Special Shipment Goes on Sale Today at ' 33c the Yard Regularly Would Be 50c a Yard This is the new Process Linoleum, of the same fine, durable, standard grade such as we usual ly sell, so you can depend upon it to wear both Ion?; and well.. r A linoleum that is not only especially fine for the kitchen and bathroom, but for halls and country homes in patterns imitating tile and marble block designs, in pretty combination color effects. ' Fifth Floor TO BE REARGUED 20,000 Are Persons Who Have Paid Location Fees of $1 50; 5000 Are Intervenors. Supreme Court Reopens Suit, Although Not Requested by Government or Defense. TAX PUZZLE ARISES, TOO RULING PUT OFF TILL FALL Lands Assessed on Usual Basis by Counties ltailroad Attorney Says Company's Interest Recognized Only t'p to $2.50 Acre. Tlie decision of the United States Supreme Court in the Oregon & Cali fornia land grant case is of direct per sonal interest to thousands of persons In other status as well as in Oregon. There were 5000 individual intervenors alone, in the course of the trial, who claimed rights in the grant by virtue of having offered $2.50 an acre for 160 acre tracts there, and whose claims are definitely nullified by the Supreme Court. The decision, it wos explained last night by United States Attorney Heames, likewise definitely crushes the last hopes of more than 20,000 persons throughout the United States who have "been induced by fraudulent locators to file on these lands, paying in each case a locating fee of $150. They now have no chance to get anything. In connection with the court's ruling, an interesting question also arises as to what action the County Courts of the 18 counties in Oregon which con tain portions of the land grant, will take toward collection of back taxes on these lands. Taxes Total Bis Sam. Up to the time of the Government suit, the counties had been collecting taxes on the railroad holdings. These taxes amounted to a large sum an nually. With the decree of Judge Wol ve'rton on July 1, 1913, forfeiting the lands to the Government, however, the railroad declined to pay further taxes on the ground that as United States property, the lands were not subject to taxation. Nevertheless the various County Courts continued to assess the land grant holdings. Accumulated unpaid taxes during the two years now amount, it is estimated, to nearly $1,- 000,000. There will be some interest- J develop it for the benefit of the state. lng results when the counties attempt to collect this amount- Portions of the lands have already been advertised for sale for unpaid taxes in some of the counties. Mr. Ramea last night made the fol lowing comment and explanation of the Supreme Court's opinion, as gathered from press dispatches: "The railroad company is, by the de cree, specifically enjoined from making any sale of property in violation, of the terms of the grant. While the en tire grant is not by the decree declared forfeited, the manner of its disposition is left to a future action of Congress, which the opinion says must be had within six months from the date of the decision. Cross-Complaints Ruled Out. "One of the strongest- points decided by the court is that neither the inter veners nor the cross-complainants have any standing in court at all. In this particular the contention of the Gov ernment in clearly upheld. "The Government has always con tended that these lands would not be open to entry and that they could not be made the subject of any preference right until such time as Congress should by appropriate legislation pro vide some manner for their disposal. "This contention the Supreme Court clearly upholds. "As the Government has contended from the beginning, and as the court now holds, at least 20,000 applicants who have been induced by fraudulent locators to tile on these lands, and to each pay S150 locating fee, will be out all they have put in. None of them will now get anything." Despite the decision, it is improb able that the Southern Pacific will pay its delinquent taxes on any of the land in the affected Oregon counties, nor is it likely to begin paying its current taxes until the company's actual interest in the property has been established, says W. D. Fenton, attorney for the Southern Pacific. , Interest Is ZVot Guaranteed. Ever since the land was granted to the company taxes have been paid on a certain percentage of its full face value, the same as other land similarly situated." When the lands were for feited, under Judge Wolverton's deci sion two years ago, the company ceased paying taxes on the property, pending final decision by the Supreme Court. It stipulated at the time, however, its willingness to pay 6 per cent interest on all delinquencies in the event of Its final recovery of title. However, under yesterday's decision, Bays Mr. J-enton, it is apparent that the Supreme Court does not guarantee the Southern Pacific's interest in the property beyond 12.50 an acre, so it is probable, he says, that the companv will be willing to pay taxes only on a Das is oi z.ou as tne actual value. It seems, said Mr. Fenton last night, "that the court recognizes our interest in the property up to 12.50 an acre and refers the whole case to Con gress to designate what shall be the final disposition of the land and under what terms it is to be disposed of. Sale of Land Enjoined. .fending some action by Congress, it is probable that the company can make no further payments of taxes, as the taxes are assessed on a basis of the lull market value of the land "The court has written a long opin ion, said to be iio printed pages. A brief dispatch indicates that the court Held that the land could not be for feited and that 'the settlers, so-called and the applicants to purchase could not enforce the so-called actual set tiers' claims. "A further provision in the decision is to the effect that the company be enjoined from selling any of the land for six months, until Congress elects to take such action as it may desire. This part of the opinion, is not suffi ciently clear in the dispatches to enable me to form any opinion as to what was really decided. "The full scope of the opinion can only be understood when copies of it are received here." "The decision will work to the cer tain advantage of the state," said A. W. Lafferty, attorney for a group of 5 private locators on lands within . the grant, last night. Government Pay Held Possible. "It would not be for the best inter ests of the state to have the land re vert to the Government, as that would have withdrawn it from taxation and kept It bottled up along with the forest reserves and other Government lands in the state. "It remains only for Congress now to determine how the land is to be ap portioned and who is entitled to locate on it. It is apparent that the Supreme Court recognizes the railroad's interest in the property to the extent of $2.50 an acre, but as some of the land is worth much more than that it will be possible for Congress to appropriate -jm-m- m '-m ':iv ;v,-' J, :' m :m m m mama m ! m, -K , I JOSEPH M 'KEXXA. money to pay the Southern Pacific 12.60 an acre for the property, but any such action should, in my opinion, carry with it provision for the immediate sale of the property to actual settlers who will pay taxes on it and who will John McCourt, United States Attor ney for Oregon from 1908, the year in which the suit against the Oregon & California was brought, to 1913, had much to do with the case, although it was directly in charge of B. D. Town- send, as special assistant to the Attor ney-General. Mr. McCourt expressed surprise last night at the decision. The Government contention was that the proviso in the grant consti tuted a condition subsequent, violation of which entitled the Government to forfeiture of the grant," he said. The railroad contended that it was not a condition subsequent, but a mere covenant, unenforceable, and for breach of which there was no penalty. The court apparently holds that the proviso was not- on condition subse quent, but on the other hand is a cove nant enforceable1 by the Government, through Congressional action. The Department of Justice, I-do not believe, felt that the court had author ity to give the relief which it appar ently has granted. All Get Dues, Is Belief. However, the solution of the mat ter by the court may be Just as satis factory as any other. It will have the effect of enabling the several counties in which the lands lie to collect the taxes which have accumulated against the lands in the past six years, and which have not been paid by the rail road, whereas, if the Government had prevailed in its contention for a for feiture, these taxes would not have been paid. "The railroad company will receive just what it was contemplated at the passage of the grant that it should re ceive. And the land will be open to immediate settlement and purchase. "So, take it all In all, the railroad will get what it was intended it should get: the counties will get their taxes, which amount in some cases probably to more than the ?2.50 an acre which the railroad is to be allowed on its land; and the Government will get its costs of administration, increased by enough, in all probability, to cover the litigation costs,- which, however, will not materially affect the total." VOTE DECISION GIVEN Supreme Court Decides South' ern Restrictions Illegal. EX-REBEL GIVES OPINION Oklahoma and Maryland Laws At lectins Xegro Voters Are l)e 'clared Violation of 15tli Con stitutional Amendment. GHETTI GETS CHANGE SUPREME COURT RECONSIDERS AXD "WILL REVIEW CASE. Discs' Conviction to Be Taken Up, Too, to Decide Contention l.avr Applicable Only in Commercialized Vice. WASHINGTON", June 21. Reversing Its own action of a week ago, the Su preme Court today decided to review the conviction of F. Drew Caminetti, of San Francisco, facing prison sen tence for violation of the white slave law. At the same time it agreed to review the . conviction of Maury I. Diggs. found guilty with Caminetti in the cases which attracted country wide attention two years ago. The cases will be the first in which the Su preme Court has reviewed a white slave-law prosecution wnere it was contended that the law did not apply to prosecutions which failed to show evidence of the elements of commer cialized vice. Caminetti, son of the Commissioner General of Immigration, faces a fine of J1500 and 18 months' imprisonment in San Quentin. Diggs, ex-architect for the State of California, was fined $2000 and sentenced to two years In prison. Attention was focused on these cases when John I McNab. United States At torney at San Francisco, resigned and in an open letter to President Wilson charged that political influence -vas being brought to bear on Attorney General McKeynolds to keep the cases from trial. In the controversy which louowea. oecreiary wuson, or the De partment of Labor, the Immigration Commissioners chier, figured. Presl dent Wilson closed the incident by ap pointing a special prosecutor. Sherwood Depot Kobbed. SHERWOOD, Or., June 21. (SDe. cial.) The Portland, Eugene & East ern depot here last night was the tar get of robbers, who pried open the cash drawer and obtained a roll of 50 pennies for their night's work. The thieves or thief attempted to pry open one of the windows with a straight ened horseshoe, which had been stolen from a nearby blacksmith shop. The men left a number of stamps in the drawer. Read. The Orcgonian's classified ads. WASHINGTON. June 21. In probably one of the most Important race deci sions in its history, the bupreme Court today annulled as unconstitutional the Oklahoma constitutional amendment and the Annapolis, Md., voters' qualifi cation law restricting the suffrage rights of those who could not vote or whose ancestors could not vote prior to the ratification of the 15th amend ment to the Federal Constitution. Chief Justice White, a native of the outh, and an ex-Confederate soldier. ai.ncunced the court's decision, which was unanimous. By holding that conditions that ex isted before the 15th amendment, which provides that the right to vote shall not be denied or abridged on account of race, color or previous condition of servitude, could not be brought over to the present day in disregard of this self-executing amendment, it is generally believed that the court went a long way toward invalidating much of the so-called "grandfather clause" legislation of Southern States. The immediate effect of the courts decision was to uphold the conviction of two Oklahoma election officials who denied negroes the right to vote in a Congressional election and to award three Maryland negroes damages from election officials in Annapolis who re fused to register them. The court held that these election officials could not ignore the potency of the 15th amendment in wiping out of state con stitutions the word "white" as a quali fication for voting. In the Maryland case the court's de cision established the point that the loth amendment applies alike to mu nicipal as well as to Federal elections. Discussing the Oklahoma cases. Chief Justice White said the suffrage amend ment to the state constitution first fixed a literacy standard and then fol lowed it with a provision creating a standard based on the condition exist ing January 1, 1S66, prior to the adop tion of the 15th amendment, and elimi nated those coming under that stand ard from the inclusion of the literacy test. The court had difficulty, he aid, in finding words to demonstrate more clearly its conviction that this action of the state recreated and perpetuated the very conditions which the 15th amendment was intended to destroy than the language used in the amend ment. Possibility Is That Tribunal Stands Close and Hopes to Give l'nni mous Opinion Because of Im portance of Decision. WASHINGTON. June 21. The Inter national Harvester case, foremost or all the Government's anti-trust prose cutions now in the Supreme Court, was reopened today for a new argument ai the Fall term, beginning in October. Neither the Government nor the com pany had asked a rehearing; the courts action was a complete surprise to at torneys for both sides and was an nounced without explanation. From precedent and practice It was inferred in some quarters that the ifourt stands close on the case and de sires reargument for its own benefit; or that, in view of the prime import- nice of the case to the interpretation of the Sherman law in new lights, a re argument has been ordered in the hope if getting a unanimous decision. That was the situation in the Standard Oil litigation. Although it was assumed .hat the court stood close in that case, Ihere was only one dissent. Decision Delayed Until Fall. Close observers of the court's pro cedure and the Government's anti-trust proceedings point out, too, . that a re argument of the Harvester suit may have Keen ordered because of the many questions involved which have not been raised in trust cases heretofore and because many of them came within the purview of the recently enacted trade commission and Clayton trust laws. The case, which is. regarded as of first importance, particul jirly in view if itfr similarity to the Steel case, which he Government recently lost in the .ower courts, cannot now be decided jefore the Fall. A decision has anx ously been awaited in business and 'inancial circles for months. TruNt Art Depend on Ruling. . Attorney-General Gregory is known :o have expressed the view recently that the usefulness of the Sherman law in the future regulation of business de pends largely upon the attitude of the Supreme Court in the Harvester case. Pending a decision, it was said tonight, ihe Department of Justice probably will not institute any important anti trust cases. The Government's policy in the Steel "trust" has been announced and Mr. Gregory, in conformity with his an nouncement; will make the customary appeal from the decision of the lower courts. LACKAWANNA CONTRACT VOIDED Railroad's Sale of Coal to Company It Organized Is Illegal. WASHINGTON, June 21-A contract by which the Delaware, Lackawanna & Western Railroad Company sold in 1009 the annual output of 7,000,000 tons from its anthracite coal mines to the Delaware. Lackawanna & Western Coal Company, which it had just or ganized, was annulled today by the Supreme Court as a violation, both of the commodities clause of the Hepburn rate law and of the Sherman anti-trust law. The decision directed the Federal District Court of New Jersey to enjoin the railroad from transporting coal under the provisions of the contract. The court specifically preserved to the Government a right to proceed in new suit against the railroad to test the latter's right to purchase coal for sale. The decision was hailed by Govern ment officials as a great victory, likely to ' have an important bearing on the fight which has been waged for years to break up the so-called hard coal trust." Attorneys conversant with In terstate commerce affairs wondered, too, whether the decision would affect the Interstate Commerce Commission's ruling on various pha&es of the anthra cite coal business under investigation for months by that body. Justice Lamar said it was not illegal for the stockholders of the railroad to take stock in the -oal company, but added that where two companies, one of which was organized by another with common stockholders as a rule and officers of one to a large degree officers of the other, made contracts which affected the interest of minority stockholders, or of third persons or of the public, the fact of their unity of management had to be considered in testing the good faith of the transac R. C. PETERSON IS KILLED Portland Agent of -Adding Machine Company Dies in Auto Accident. PITTSBURG, Pa.. June 21. (Special.) R. C. Peterson, an agent of the Bur roughs Adding Machine Company at Portland, was killed here today in an automobile accident. Mr. Peterson hod been a resident of Portland for about five years, accord ing to friends in this city, and during most of that period he had represented the Burroughs Adding Machine Com pany. He was 28 years- of age and unmarried. A brother, K. W. Peterson, represents the same company at Spo kane, and his other relatives are said to live in Pittsburg. For the past year and a half Mr. Peterson had made his home at the residence of Mr. and Mrs. S. W. Paris. 689 East Ankeny street. Mrs. Paris said last night that Mr. Peterson's mother and sister had been West last March and that Mr. Peterson had visited the fair at San Francisco with them. They then visited him in Portland and he accompanied them on their return trip East early in April, intending to return to Portland by au tomobile. Mrs. Paris received a card a few days ago from Mr. Peterson telling her that he had bought a new automobile, in which he planned to make the trip to Portland. RAILROAD MANAGER PLEASED 1. W. Campbell Gives Attorney l-'enton Credit for Result. CORVALLIS, Or., June 21. (Special.) D. W. Campbell, general manager of the Southern Pacific lines, who is in Corvallis today with other officials on business connected with the electrifi cation of the Whiteson-Corvallls unit of the West Side line, said, in speaking of the decision of the Supreme Court in the Oregon & California Railroad land grant suit: ' "I am glad to note that the railroad has won the suit, ana I believe great credit is due W. D. Fenton, of Portland, who prepared the brief that I consider was largely responsible for winning the case. The case has been in the hands of the company's California legal de partment and Mr. Fenton, and I am not conversant on the subject. I had not nome to the company when the cas'e was started and am not familiar enough with it to make a statement." TO REGAIN LOST FLESH AFTER ILLNESS It should be remembered that it is not so much what or how much you eat but how much fat-making nourishment your blood absorbs that will decide how quickly lost flesh and weight will re turn. By taking with every meal a single Sargol tablet you should regain lost flesh quickly. Sargol mixed with your blood, extracts the fats, sugar starches and flesh and strength-giving elements in your food and prepares them in a form which your blood can readily absorb. Mail and Telephone Orders Filled by Expert Shoppers CT Merchandise cfc Merit Only"" Pacific Phone Marshall 5000 Home Phone A 6691 $1.00 Down and your Old Sewing Machine Will Bring You the New Free Machine $1.00 a Week Will Pay for It. Srond Floor. Another Scoop 500 New Veribest Waists Just Arrived and Go on Sale Today for the First-Time at . . THE FLESH BUILDER sold by all leading druggists every where on a positive guarantee of weight increase or money back. Con-ta.ii-3 no alcohol or dangerous drugs. $1.00 Blouses since first introduced have proven an overwhelming success. We have sold several thousand and our record of satisfied and well-pleased purchasers is sufficient proof of their superior quality, style and finish over anything of their kind that has been shown here before. In the assortment which we place on sale today are waists of fine voiles and organdie. All the latest modes, recently introduced, are repre sented. The sizes range from 34 to 46 and are full and roomy. The price is and always will be $1.00. We do not fear comparison we invite it. Third Floor A New Model $2.00 W. B. Nuform Corset for $1.69 Made of fine batiste, with me dium bust, medium long over the hips and back, slightly curved in at ' the waistline. All bones finished with silk floss and top trimmed with em broidery. Three pairs of hose sup porters attached. Sizes 19 to 30. Fourth Floor Silk Service Stockings $1.00 Pair The Silk Stocking That Gives the Best Service In Black, White and 65 Colors Si7 Service stands for the very best that can possibly be put into sill( hosiery. SZ Service stockings are absolutely pure lhread-siU, pure dye and the best wearing stockings that can be produced. They are full fashioned, ivith lisle lops and soles and full length. We are now showing the new shades of blue, green, gray, fawn, bronze, pink, putty and sand. First Floor Women's Embroidered Voile Dresses At $6.35 Reg. $8.50 Fashioned in Modes That Introduce New Ideas The new three-tier effects; ruffles and flounces; the bolero effect; embroi dery trimmings ; silk gitdles ; every dress a copy of a high-priced model repro duced to sell at a popular price. Of while embroidered and colored striped voiles. Third Floor OUR OWN IMPORTATION From Leghorn, Italy CONTI'S CASTILE SOAP 'wing to the war. there is no telling when we will ever be able to get another shipment; nevertheless we place on sale Tuesday a Regular 85c Four Pound Bar SPECIAL 60c First Floor Very Clever Shapes In High-Grade Leghorn Hats $1.49 The same styles that sell regaiarly at $3.00. Leghorn hats are most popular this season, and when shown in such ai'.rac live shapes as we offer here, make it possible to secure a hat for a very nominal sum, as they require veiy little trimming to convert them into finished models. In the natural color. Second Floor The Newest $5 Black and WhiteStriped Silk Petticoats $3.95 Our "always-something-new" policy keeps us ever busy. Now we introduce the latest mode. Black and white silk striped petticoats, in a very special sale. These petticoats are not a fad, but one of the most fashionable and newest concep tions in women's wearing apparel. Here is a choice assortment of black and white striped petti coats in a variety of patterns and styles, made of chiffon taffeta silk, all-silk messaline, and Jersey tops with taffeta silk flounces. Knife and accordion plaited, ruffled and ruching trimmed. Third Floor. Sweet Pea Vases OF IRIDESCENT GLASS Imported From Austria A wonderful collection of shapes and sizes, in beautiful iri descent glass, with fluted and plain lops, for sweet peas, nas turtiums, roses and many other kinds of flowers. 4- Inch Vases 25c 5- Inch Vases 35c 6- Inch Vases . '. 75c 1 Oc-Inch Vases $2.00 9- Inch Handled Baskets $1.00 10- Inch Handled Baskets $1.25 1 4-Inch Handled Baskets $2.25 5- piece Table Decorations Jpo.DU Of clear crystal. Set consists of a I 3-inch center vase and four 6- mch vases connected by crystal chains. Silver-plated Bud Vases . Heavily plated on white metal. Most attractive for table decora tion. 62-Inch Vase .30c 8-Inch Vase .60c 10-Inch Vase for 85c Sixth Floor $2.50 MATTING SUIT CASE, CLEARANCE SALE, $2.00 This suitcase has two straps, lock and bolts, iron corners and steel frame. Basement ICELAND FOX SCARFS IN AGAIN. First Floor, Neckwear Section. Only 98c for These New Kimonos Of Serpentine Crepe $1.50 Regularly The dainti e s t flowered and plain crepes made in loose flowing and Empire styles, or with elastic at wist. White collars, embroidered in colors, puffings of sei' mite rial, silk ccrd ings form she trimmings. Col ors are rose, cadet, pink, lavender, light blue and navy. All sizes from 36 to 44. Fourth Floor iff A Timely Sale of Crepe Underwear So Satisfactory for Vacation Wear and Traveling Combination Suits Corset Covers Gowns Drawers Bloomers Offered at Lowest June White -Sale Prices 98c FOR $1.35 CREPE COMBINATIONS In waisted style, trimmed with lace insertions, headings and edg inffs. Drawers made in flat-leg style, finished with lace to match. 59c FOR 75c CREPE CORSET COVERS Excellent quality crepe, with scalloped edges or lace insertion, beading and edgings, ribbon drawn. 59c FOR 75c CREPE DRAWERS Of plisse crepe, open or closed style, trimmed with wide lace insertion and edging. 59c FOR 75c AND 85c CREPE BLOOMERS Made with elastic at waist and knee or finished with dainty embroidery edging and ribbon. 59c, 79c, 98c AND $1.19 FOR CREPE GOWNS Selling Regularly at 85c, $1.00, $1.35 to $1.65 Slip-over and open-front styles, set-in or kimono sleeves. Dain tily trimmed with heavy laces, embroidery edgings or yokes of flowered crepe. Also Empire styles. Colors are white, pink, blue, lavender, in stripes, dots and plain colors. And the greatest satisfaction of all, they do not require ironing. . Fourth Floor i