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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 22, 1915)
THE MORXIXG. OREGONIAN. THURSDAY. JULY 22, 1015. WOULD SELL GERMAN AMBASSADOR ARRIVING AT STATE DEPARTMENT TO DISCUSS GERMAN NOTE "WITH I SECRETARY LANSING. FROM LAND I Oregon & California Endeav ors to Obtain Modifica I tion of Decree. THREE DAYS, STARTING TODAY ROAD TIMBER WORDS OF DECISION CITED l"urtlicr Litigation, It Is Intimated, Will Follow Kefusal, While, If Plea Is Granted, l'ull As sent Will Bo Accorded. OKEGONIAJJ NEFS BUREAU. Wash ington, July 21. The Oregon & Cali fornia Railroad Company wants per mission to cut or sell the timber on the unsold portion of its grant be fore disposing of the land, coupled with authority to retain all receipts from the sales of this timber. The railroad company sought today to file a petition with the United States Su preme Court asking for modification of that portion of its decree of June 21 which enjoins the sale, cutting or other disposition of the timber .on the grant pending action by Congress. The intimation is conveyed that if this modification is not made by the court further litigation will be In stituted in the hope of securing to the railroad company full control of the timber. If permitted to dispose of the timber the railroad company is willing to abide by the remainder of the Supreme' Court decree and sell the cut-over and non-timbered lands t actual settlers. Clerk Refuses to File Brief. The decision in the land grant case was rendered at the last day of the term and under the court rules parties to cases decided on the last day must at that time ask and receive from the court permission to petition for re hearing or else forfeit that right. The Government applied for and obtained permission to petition within 30 days, but after studying the decision the Department of Justice decided to abide by the decree as it stood and filed no petition. Its right of peti tion expired today. The railroad company failed to ask such permission and when Its attor ney today undertook to file the brief it was rejected by the clerk of the court on the ground that no authority had been given the railroad company to petition for the reopening of the case. When the court reconvenes In October the railroad company may seek to submit the brief which was rejected today. Right to Sell Timber Asserted. The railroad company cites the Su preme Court decision as saying we can only enforce the,, provisos as written." The provisos, it contends, relate only to the disposition of the lands, the court having held that the law authorized the company to sell to whom it pleased, and when It pleased, so long as the sales were con sistent with the settlers' clause. The railroad company asserts that while it is in possession of the grant, it can make such use of the lands and their resources as It may choose; it can lease the lands; it can utilize or sell the stone; it can cultivate the ag riculture areas and apply all receipts to wiping out its construction debt. Having this authority, it contends. It should have the authority to cut or sell timber before selling the land, and maintains that removing the timber would aid, rather than impair, its set tlement po1k; The lands when cleared would be more attractive to settlers than with the timber standing, it is contended. The court having said it can only enforce the granting act, "as written," and there being nothing in the granting act interfering with the right of the railroad company to utilize the timber resources of its .Trant. it is maintained that the court, in enjoin ing timber sales, impaired the vested estate of the railroad company and wrote into the granting act restriction that was not put there by Congress. Restrictions Peelared Limited. The granting acts, it is held, imposed limitations extending only to aliena tion of the land and, it is contended, those restrictions do not affect ihe use and occupancy of unalienated property. It is further insisted that Congress, by the wording of the granting acts, spe cifically intended that the railroad company should have the right to use and dispose of all timber on its grant, and merely required that the lands when sold should go to actual settlers. In conclusion, the railroad company argues that because of heavy expendi tures for surveys, cruising, advertising and for taxes, and because of the -free transportation it must eternally fur nish the United States, it should now be permitted to realize what it can from the timber on its grants, in addi tion to J2.;o an acre, which it hopes ultimately to receive when it sells lands to settlers. If the Supreme Court refuses to re ceive the railroad's brief when it re- 'convenes in October, the railroad com- -pany will have an opportunity to go to Congress next Winter and ask its sanction to sell the timber. . . " RESCUED FOLK TO BE SUED Government Wants Reimbursement .... for Heller of Americans Abroad. ; WASHINGTON. July 21 Suits are -i about to be brought by the Govern ' ment against American citizens who, -.though apparently able to do so. refuse to repay money expended for their re lief when they . were stranded in Europe at the outbreak of the wan Many of those aided have reimbursed the Government, but Secretary McAdoo s.eaid tonight there had been a number f refusals and that he would ask the .1-department of Justice to institute " su its. "T, Treasury officials say that so far no Tv exact accounting has been made of the w amount expended in relief work. Con- gress appropriated $270,000. and it is '' believed that more than $2,000,000 was used. Santiseptic Cures Poison Oak or Ivy ' Druggist refund It it falls, lnslantlr relleTra Itching. siDMrting and Inflammation. Itolie-btfiulj K,c0uiing and aootnlnx. ooc All- druggists. The United States geological survey laat vtar carried on In vestigatlons in 47 states, Alaska, Hawaii and fhe canal zon. r,Vi'TiT nfWrn-rtriri Thrill ni r t Tr iti inn mi mm' " rnTJt-i-nitf-nfni i th mini .I ml m-nr-'-rrrar-ft n str-rr-r m run Wiirnrrn it i rn tn ' -u V COUNT VOX BERXSTORFF. Dioto by Buck. it WASHINGTON, July 1. (Special.) This photograph of Count von Bernst orff. the German Ambassador to the United States, was taken on hia arriva 1 in .his automobile at the State department to call on Secretary of State Lansing in reference to the new note that is forthcoming in reply to the G ermem note of July . The Ambassa dor and the Secretary of State .were I n conference for over one hour. WABASH ROAD SOLD Property Bought for $18,000, 000, Subject to Debts. ONLY ONE BID OFFERED Reorganization Committee Said to Plan Assessment or $30 a Share. More Than 2O00 Miles of Iilne Are Involved. ST. LOUIS. July 21. The first step in a plan for reorganizing the Wabash Railroad and taking it out of the hands of receivers was carried Into effect here today, when the participating c r.imittee of the Joint reorganization of the road's creditors bought the en tire $220,000,000 system with all its as sets and liabilities for $18,000,000. The Wabash Railroad was sold at public auction under foreclosure to sat isfy a $41,000,000 mortgage held by the Equitable Trust Company of New Tork. Robert Goelet and Henry Rogers Win throp, of New -York, r the participating committee of the creditors, presented the only bid offered for the road, and as Judge Chester JT. Krum, special master of the sale, accepted the bid, be said to the Eastern financiers: "And now. gentlemen, may God have mercy on your souls." Kearney to Be Presides. Immediately after the sal it was an nounced that E. F. Kearney, president, and one of the two receivers of the road, would be retained as president of the new Wabash Railroad. The sale is subject to the approval of the Fed eral Court and will be passed on prob ably within three weeks, after which the road will pass to the purchasers. Although it was generally expected in railroad circles here that the lowest acceptable bid would have to ba in the neighborhood of $30,000,000 Judge Krum. in accepting the $18,000,000 bid, said this amount was sufficient to pay for the outstanding receivers' certif icates, interest on these certificates and expenses of the sale. These obligations will be due August 1. 1915. The sale included all the rolling stock, franchises, terminals, rights and interests in other railroad properties and more than 2000 miles of track be tween Omaha and Buffalo constituting the Wabash system. Snlt (or Car Rentals Filed. A few minutes before the eale of the railroad at noon the- New York Trust Company filed suit for $1,575,000 for the rental of cars and equipment against the Wabash Railroad, in the United States District Court here. Among the New York financiers who attended the sale were Robert Goelet, member of the reorganization com mittee; R. H. Neilson, representing Kuhn, Loeb & Company, and Lawrence Greer and G. W. Murray, of the Equita ble Trust Company. Bidders were re quired to put up $1,700,000. or Wabash bonds to the amount of $$,500,000. The plan of the reorganization com mittee, it has been said, contemplates an assessment of $30 a share on the stock of the company and by payment of this the stockholders become mem bers of the new Wabash Company. SUIT TO TESTGAME LAW Mnrsbfield 'Sportsrrven Back Action . to Test legality. MAR8HF1ELD, Or.. July 21. (Spe cial.) The Oregon game law, that por tion relating to elk. will be tested thoroughly by a suit from Coos County. The preliminary test came through the Justice of the Peace court, when Jus tice C. Li Pennock fined Jordea Schapers, a rancher of the Isolated dis trict beyond Allegany, $50 for bavins a set of antlers in his possession. Immediate notice of appeal was given and the case will be taken through the Circuit Court and possibly to the Supreme Court. Sportsmen will gather the requisite funds to prosecute the case in an effort to obtain a decision that will nullify the law. BORDER PACT VIOLATED (Continued Krem rtrat Paga. the Villa "flying column" under Gen eral Natora, which he marched north ward to meet. The Navy Department received the following dispatch tonight from Com mander McNamee. of the cruiser Sacra mento, at Vera Crux: "Communication with Mexico City Interrupted. Carranza forces moving toward Pachucho. Mexico City report ed occupied by convention forcea." A dispatch to General Carranza's agency in Washington from Vera Cruz tonight reviewed the situation as fol lows: Genernl Pablo Gonxalez. with a large portion of his troops. Is proceed ing to Pachucha to engage the Villa force, which is. fleeing before General Dieguez. It is expected the Villa forces will be completely crushed with in the next few days, aa they are being driven southward from the rear of the Obregon army by General Dieguez' powerful mobile column, and it is Gen eral Gonzaler' Intention with his strong divisions to attack eoincident ally with the Pieguez pursuit, thus catching the so-called 'flying column' of Villa as between the blades of a pair of shears." The dispateh added that General Cess with a division of Gonzalez' army was operating south of Mexico City against Zapata forces, which were declared to be In -the southern extremity of the Federal district and not in the city proper. The message also sad that Charles A. Douglas, of Washington, and other representatives of Carranza had arrived from Mexico City at Vera Cruz, bringing no word of the capital's occu pation by Zapatistas and denying in dications of starvation, although ad mitting the need of food suppllaa, UELrE" BLOCKKD II V ARMIES Red Cross Manager Says Loaders ratten on Export (Tax. WASHINGTON, July 21 In a report to the War Department today on ef forts to relieve famine conditions In Mexico, Brigadier-General Devol, gen eral manager of the American Red Cross, declared that while non-combatants were suffering for want of food, military leaders of both the Villa and Carranza factions had reaped a harvest from export taxes on Mexican grown food products shipped into the United States. "Both General Hernandez and Gen eral Villa." said the report, "prohibited the purchase of food supplies in Mex ico for relief of the Mexican people, saying that any such supplies must be purchased outside of Mexico. The rea. son given is that the food in Mexico is required to feed the Mexican sol diers. The real reason, in my opinion, is that there is a military export tax. or. In other words, a charge on all exportaflons amounting on the northern border to $400 to $500 for each car that crosses the border. This money, is paid direct to the military leaders. "For instance, at the time supplies were being purchased for Monclova, three carloads of corn could have been purchased on the Mexican side for 3C cents a bushel. The actual supply cost the Red Cross 96 cents a bushel. The difference in the price per bushel In dicates the amount of revenue, accord ing to the military authorities, from export products. Relatively the same difference applies as regards beans. "There are still large quantities of food supplies assembled in various parts of Mexico and held by the mili tary authorities and not permitted to reach the people." MILL ENGINEER IS KILLED Worker at Plant Xear The Dalle Caught by Moving Belt. THE PAliES, Or, July 21. (Spe cial.) Harry Howell, engineer at the mill of. the Manchester Lumber Com pany. 14 miles southwest of The Dalles, was killed yesterday while attempting to install a. belt while the saw mill was running. The belt caught his arm and pulled his shoulder and neck be tween the pulley and saw frame. Howell had been warned repeatedly against replacing belts while the mill was in operation. Howell, who was 2$ years old. is survived by a widow, who became his wife a few months ago. Two brothers. John and Frank Howell, of Plessant Ridire. survive. NATIONAL THEATER The Houise Lost Cooirt: STARRINC VIOLA DANA Triumphant Genius of "The Stoning " FIVE H fci General JL HaJ Admission STRIKE CALLED OFF Union Official Tells of Settle ment at Bridgeport. AIDE IS NOT INFORMED Sonic Disorder Attends Walkouts at Ammunition Plant, and Girls Join Pioketers, but Many Po licemen Keep Order. BRIDGEPORT, Conn., July 21. J. J. Keppler, vice-president of the Inter national Association of Machinists, who has been dlrectlnr the strike, at the plants of the Remington Arms & Ammunition Company and various sub contractors, announced here late today that a settlement had been agreed on. He added that no more men would be called out, that the pickets would be called off duty and that the strikers would go back to work Monday. Ho said be had decided to call the strike ofT as the result of a conference In New York, j Thomas J. Savage, a member of the general executive board, who took up the work of leading the strike during the temporary absence of Mr. Keppler in New York, dented, even after he had talked to Mr. Keppler. that he knew anything of a settlement. He added that the vice-president had told him nothing; that the strike would go on and pickets would not be called off. He said, however, that there was a possibility that negotiations in prog ress might lead at any time to a settle ment, lie also expressed the opinion that the strike soon would be over. Slight disorders marked the walkouts today. The most serious of these re sulted from a demonstration made by strikers in front of the Union Metallic Cartridge plant of the Remington Com pany, where thousands of men, women and girls are employed making ammu nition for Great Britain and her allies. Every available policeman and deter. tlve in Bridgeport was rushed to the plant to preserve order. That was dur ing tne lunch hour. At quitting time tontght several small demonstrations were started in front of the plant and in tne immediate vicinity by strikers. The demonstrations, however, were quickly broken up by the large force of policemen on hand. Many girls were on the picket line tonight. They talked to other girls, per suading some of them, the Labor lead- era said, to leave their work and still others not to go to work on the night shift. To men going to work on the night shift the girls cried "Scab." According to the estimates of the labor men at least 500 machinists and 200 girls were on strike. The Manu facturers' Asuocfstion. however, de clared that in all Bridgeport there were just 1IT men out. RIDE ON NECK HALTS TEAM Youth on Yoke Carried Half Mile Refore Stopping Runaways. AI-RANY. Or.. July 21. (Special. TODAY, TOMORROW AND SATURDAY Thomas A. Edison's Master Picture REELS HAM. TO 1 1 P. M. An Intense Japanese Romance John Luther Long:, the Author of "M3dam Butterfly" in After riding half a mile in the neck yoke between two runaway horses. Leroy Ohling. a young man residing six miles southwest of Albar.y. stopped the team without an accident. While hauling hay Monday night the team became frightened aad he was thrown from the v agon. when his brother. Ben. en horseback, ran in front of the team and stopped it temporarily, but it start ed again. Ieroy grabbed one horse's bit and when the animal threw up his head he was Jerked into the air and threw him. self across the neckyoke. MOTHER, DAUGHTER DROWN Idaho Pair Victims or Willapa lUver Xear Itlverdaie Ilrldge. RAYMOND, Wash.. July 21. (Spe cial.) Mrs. Maud Mletllnau. 30. and her 6-year-old daughter, Llla. were drowned In the 'Willapa River, near the Riverdale bridge, at 11 o'clock yes terday while bathing. A cramp Is blamed for the accident. The body of the mother was recovered, but the body of the child was not found. The husband, working at Kellogg. Idaho, was notified- Two small chil dren also survive. NATION REMISS IN DUTY ffonllnued From Flrt Tt asked by a photographer to remove his hat. Colonel Roosevelt caused a roar of laughter when he replied: "I can't plant a tree with my hat." "The man who la afraid to light is not fit to vote." said the Colonel. "When a mother is not willing to raise her boy to be a soldier, she is not flt foi" citizen ship." Artie la 1903 rtefeaded. Colonel Roosevelt in the beginning of bis speech defended his own action in 1903. which, he said, made the Canal possible. The building of that Canal, he added, nearly doubled the potential efficiency of the Navy. t,o long as It was fortified and in American hands. I'nfortlf led. he said, it would at once become a menace. He continued: "Unfortunately, In the last few years we have as regards pretty much every thing not connected with the Isthmus of I'anama so failed In our duty of National preparedneaa that I fear there a general consensus of opinion pre cisely to this effect among the nations of the world as regards the United States at the present day. This is primarily due to our unpreparedneas. "We have bee nculpably. well-nigh criminally, remiss as a Nation In not preparing ourselves, and if. with the lessons taught the world by the dread ful tragedies of the last 12 months, we continue with soft complacency to stand helpless and naked before the world, we shall excite only contempt and derision if and when disaster ulti mately overwhelms us. PnMrrdiMa la Peare laaaraaee. "I advocate preparedness against war as the best type of peace insurance. Preparedness for war may be not only the best, but the only corrective for the spirit of militarism. Switzerland Is the most democratic of republics, and the least mlHtarlKtle. and yet relatively off the i -...A T VV iv -' , yx- r-'- w.. ifl Loges Dainty Teddy Sampson and Signa Auen in '.HE- FOX WOMAN CONTINUOUS FROM 11 A. M. to 11 ANY SEAT 10 CENTS RSI to its size it is the one best prepared against war. "Our regular Army should be greatly increased in size and render much more efficiency by yearly maneuvering In mass, as well as practice In other di rections. Conditions in Mexico are such that unless the Mexicans them selves come o their senses and unless we are content to see foreign powers undertake the regulation of Mexico, may ultimately liave to' intervene. !-uch intervention would represent not real war. but a work of pacification and police. Kor such a work volunteer soldiers are not well fitted, it should be done exclusively by the regular Army: and for this purpose there should be a mobile army of over 10i).-. 008 men. so that the whole regular Army should be about 800,000 strong. "In addition, I firmly believe that there should be universal military serv ice for our young men on the Swiss model. ln Switzerland the boys are trained for their last few years in the public schools and after they graduate from the public schools they serve wlih the army for four or six months and then for eight or tan days every year for the next ten years. "Finally, and most important, let us remember that there can be no efficient preparedness against war unless wo prepare our own souls. If we become soft and flabby physlrally and morally, we shall fail. No nation ever amount ed to :.n thing If Its popullion was composed of pacificists and poltroons. If its sons did not have the. flKhtlng edge, if the women did not feel as the mothers of Washington's Continentals felt, as the mothers ef the men who followed tJrant snd l.ee fe t: men who IXSTARJ GREATEST M) SCREEN OF ALL S SENSATION PROBLEM OF ! PLAYS P0WER 1 EYKRIBODV SIHU I.I) BKIIftLll THIS S WOMIKRI l l, THI1MPH OF . O THK CHi:K. e ! THURLOW BERGEN VIOLET In a Picturization of Win. Hamilton Osborne's Splendid Novel THE RUNNING FIGHT The Romance of This Tale and Its Unusual riot Flace This Picture in the Front Iiank of Remarkable Productions SPECIAL ATTRACTION c:rl 10c ADMISSION 10c CHILDREN 5c A PEOPLE WEST PARK AT ALDER Full of Thrills and Beauty, Presented With Japanese Settings and With Real Japanese People in the Cast P. M. are not ready to fight for the right are not fit to live In a free democracy. "The only women fit to be wives and mothers in a free republic are lhoe who feel that their sons are not son or theirs unless, when their country calls, their souls are eager and their feet jubilant to answer the mighty trumpet note which announces that the hearts of men are being rifled out be fore the .Itidanirnt neat." 300,000 BATHE INTERNALLY The tnarrellout grewtk ef Inter ml B. th ins unci tla advent ol "J. B. I.. Cas cade" it accounted (or not on'y by the en thutiaitic. 1 rai f it tirs lo others, but alto hjr physician insulin more and more that the Lower Intestine mnst be kept tree from waste to inuie pcticct faeaith and efliciencT. Mary U J. Walker. M. L. Oltsm, N. ., writes : "I must tell you ef a ease oi Constipa tion lasting for twenty years, ttat W.'.C cured by your Cascade treatment. "The phrsician in charge said the patient had a tumor lying between the stomach and intestinrs. The pslirnt being ti years old. he claimed no help could be given ex cept the kni; hut hndinf the intestines in very had stale, I advised the "J. B. I- Cascade." which resulted in a complete recovery. When I took the case she was taking a laxative three times a dav, and had been for three weeks : CosMn't et along without it now she never takes any laxative." tall at th Woodard, Clark a Co.'a Dm Htura lit furtlAmi, and a lr tree, UookUt c-n tho auJert cal'.ed -W hy xlaa of Ta-lsay IS uniy i-rr ml t- rMnsrt ' AND HEMING TODAY FRIDAY SATURDAY