Morning Oregonian. (Portland, Or.) 1861-1937, April 24, 1917, Image 5

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Morning Oregonian., April 24, 1917, Page 5, Image 5

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Newspaper Page TextTHE MORNING OREGONIAN, TUESDAY, APRIL 24, 1917. GRANT LAND ENTRY EARLY PROBABILITY Supreme Court Decision Paves Way to Immediate Open u ing to Homesteaders. BACK TAXES CAN BE PAID Vderal GoTernment Has Money Ap propriated Total Due Various Counties in Oregon Fixed i at $1,716,018.62. ' Unless the Southern Pacific develops a new point upon which to base a fur ther contest against the Government's determination to regain he historic Oregon & California grant lands, it is probable that the Supreme Court's deci sion paves the way for the immediate opening of these lands to entry. What is of almost equal importance, it will enable the Government to make prompt payment to the several counties of Western Oregon, in which the lands are situated, of more than $1,700,000 in back taxes which the railroad company failed to pay during the time the lands were under litigation. Under terms of the Chamberlain Ferris bill, which also has been held constitutional by the Supreme Court, these lands are to be divided into three classes power-site lands, timber lands and agricultural lands. The bill also provides that the timber shall be sold for cash and that, after the timber is removed, such lands shall be treated as agricultural lands. These agricultural lands then are to be sold to "actual settlers" at $2.50 an acre, the same price that the Govern ment agrees to pay to the railroad. Road Gets Money Later. But the railroad is not to get Its money until after the land actually passes into the hands of the settlers. "Under provisions of the Chamberlain Ferris bill, title to the lands reverts to the Federal Government, and the railroad has no interest other than its $2.50 an acre. This view is contrary to the conten tions made by the Southern Pacific at torneys in the case. They contended that the clause in the original covenant requiring them to sell to actual set tlers at $2.50 an acre was a condition subsequent and not an enforceable covenant that they did not have to sell at all if they didn't want to and that they could remove all the timber, Btone, minerals, coal or other natural resources from the land and sell them before selling the lands. The Supreme Court, in approving the Chamberlain-Ferris bill, failed to ac cept this view and indorsed the conten tions of the Government's attorneys that the sole interest of the railroads In the property is $2.50 an acre. Some of the land carries heavy stands of valuable timber and the Chamberlain-Ferris bill provides for its disposi tion on the open market to the highest bidders. Distribution Provided For. A separate account Is to be kept of the sales of land and timber in each county, and after settln aside $2.50 an acre for the railroad and a sum equal to that applied to pay the accrued taxes in that county, the pro ceeds of all sales in each county are to be distributed as follows: Twenty-five per cent to the state treasury to become a part of the irre ducible school fund; 25 per cent to the treasury of the county for common schools, roads, highways, bridges and port districts to be apportioned by the respective county courts; 40 per cent to the Federal reclamation fund, and 10 per cent to the general treasury of the United States to pay the expenses of administering disposition of the lands. Under these provisions the Govern ment has had forces of men in the Held for the last year or more surveying the land and cruising the timber. About one-half the property has been surveyed and classified. It is presumed that these lands and this timber will be placed on the mar ket at the earliest possible oppor tunity, so that the property may revert to private ownership and become re stored to the tax rolls. Money Is Appropriated. After the Chamberlain-Ferris bill was passed by Congress on June 9, 1916, a separate bill was passed appro priating money to pay the back taxes on the lands for the years 1913, 1914 and 1915, together with Interest and penalties. Ex-Governor Oswald West was ap pointed by the Interior Department to determine the amount of taxes due each county. Hla compilations pro vide for payments up to the time the Chamberlain-Ferris bill was passed and the lands reverted to the Federal Government. The amount due each county, ac cording to his figures, is as follows: Benton I 7!.17r,.0.' Clackamas 117,845.78 Columbia 54,342.13 llii.JlH.b Curry 8.505.16 IN THE SPRING When Energy and Vitality Are at the Lowest Ebb. (BT S. C. BOWER, M. D.) At this time of the year people feel weak, tired, listless, their blood is thin. they have lived Indoors and perhaps expended all their mental and bodily energy and they want to know how to renew their energy and stamina, over come headaches and backaches, have clear eyes, a smooth, ruddy skin and feel the exhilaration of real good health tingling through their body. Good, pure, rich, red blood is the best insurance against ills of all kinds. Almost all diseases come from impure and impov erished blood. It is to be noticed in the pale or pimply face, the tired, haggard appearance or the listless manner. Purify the blood and you will learn the Joy of living. This is the time to clean house and freshen up a bit. First, stimulate the liver into a thorough liousecleaning by taking a purely veg etable laxative made up and extracted from May-apple, leaves of aloe, root of jalap, made in a Pleasant Pellet, first put up by Dr. Pierce nearly 50 years ago and sold .by druggists. Drink hot water a half hour before meals, and for a vegetable tonic there's nothing better than Dr. Pierce's Golden Medical Discovery, the old-fashioned herbal remedy, which has had such a fine reputation for fifty years. It con tains no alcohol or narcotics. It is made from Golden Seal root. Blood root, Oregon grape root. Queen's root. Black Cherry bark extracted with glycerine and made Into tablets and liquid. If druggist does not keep the tablets, send $1.00 to Dr. Pierce's Inva lids' Hotel, Buffalo, N. Y. The pain of neuralgia is the cry of the starved nerves for food. Feed the nerves on pure blood and you cure the disease. In order to Insure pure blood and to build up the system try this tonic, known as Doctor Pierce's Golden Medical Discovery. Adv. Douglas 843,442.78 Jackson 'J3, 322.13 Josephine 141.32. 31 Klamath 42.040.43 Lane 300,531.38 Lincoln 8,452.50 Linn 47.44. 4 Marlon 81,120.83 Multnomah 11.5GS.OS Polk C6.979.19 Tillamook 11,928.64 Washington 17,171.32 Yamhill 17,374.33 Clarke (Washington) 1,242.73 Total $1,716,018.62 It is apparent that there will be an interval, beginning June 9, 1916. and continuing until the lands and timber are sold, during which they will Dot be subject to taxation, but the losses suffered by the counties in this con nection will be more than offset by the money to be derived from the 25 per cent allotment accorded each county from timber sales. Ex-Governor West said last night that the money for payment of the back taxes now is available, and doubt less will be paid at once unless new complications are interjected that will cause fuither delays. Mr. Reamrs' Policy Vindicated. The Supreme Court's decision Is a complete vindication of the policy pur sued by United States Attorney Clar ence Reames and Constantino P. Smythe, special Federal attorney, who prosecuted the case. Judge Wolver ton, la his original decision, entered the decree prepared by the Govern ment attorneys, and this decree now has been sustained by the highest court. Mr. Reames Issued a warning last night against "sharpers" who doubtless will try to secure entries from private individuals under the pretense that they are acting for the Government or that the lands are open for free set tlement. "No man on earth is authorized," he said, "to act as locator or as agent for any of these lands," he asserted. "It is probable that fully $2,000,000 has been collected from unwary citi zens by unscrupulous men in every state representing themselves as loca tors for these lands. "In my opinion, that kin'd of Individ uals now will spring up under the pre tense that the decision opens the lands to immediate entry. "But any such attempt to get money from the people Is nothing more nor less than pure buncombe, only intended to defraud the public. "If anyone intends to locate on these lands, they need but apply to the near est Government land office, where all the Information they need will be given them free." E IS INCREASE IS MARINE RISKS IS RE GARDED AS REMARKABLE. I- Ship Sailings Reduced by War Cond tlons and Greater Business la 1017 Is Predicted. SALEM, Or., April 23. (Special.) Marine insurance showed for 1916 risks written amounting to $47;952,300, as compared to $42,059,960 for 1915 in Ore gon, with premiums of $224,795 for 1916 to $196,190 tor 1915, according to figures given out by Insurance Commis sioner Wells today. The losses paid for 1916 amounted to $252,978 as compared to $72,666 for 1915. "The increase is remarkable," states Insurance Commissioner Wells. The war situation caused fewer ships to sail from Oregon in 1916. It is predict ed that the marine business in Oregon for 1917 will increase greatly." Automobile insurance written in 1916 amounted to $11,633,096, to $7,702,268 in 1915. The premiums for last year were $139,293. to $113,144 for the pre ceding year, and losses paid were $49, 856, against $62,848 for the preceding year. Mr. Wells states that it is a re markable showing where the risks In creased more than $4,000,000 and the losses were less by $13,000. BIGGER FOOD SUPPLY AIM Medford Company Incorporates tor $25,000 to Develop Lands. MEDFORD, Or., April 23. (Special.) The present food preparedness cam paign in Medford has resulted in the formation of a $25,000 corporation de voted to the increase of food products in the Rogue River Valley. Alexander Nibley, secretary of Utah-Idaho Sugar Company, and Bert Thierolf, manager of the Big Pines Lumber Company, are the incorporators, and while the enter prise is in no sense altruistic, it comes as a result of the war conditions and the unusual demand for all food prod ucts. The company haa leased 600 acres of land for production of sugar beets, grain, corn and beans and 1000 acres for a cattle range. One hundred and twenty-five head of cattle have been purchased, 400 acres of sugar beets planted and 75 acres of beans. Land hitherto Idle will be cultivated. Fifty acres comprising Medford's old circus grounds, just south of the city, have been planted to beets. NORTH BEND RECRUITS 17 Most of Men Are Going to Aviation School at San Diego. NORTH BEND, Or., April 23. (Spe cial.) Seventeen North Bend youths left today for Vancouver Barracks to enter the Army service, most of them going to the aviation school and field at San Diego A thousand people con gregated at the depot to bid them fare well as they departed on the Coos Bay Limited. In the party were: Bernard Hazer, Ray Grimshaw, Clardy Perkins, Horace Byler, Harold Jennings, James Wallace, Clair Cavanaugh, Lewis Patterson, Clyde Tompkins, Edward Moore, Rob ert Meicer, Albert Davis, Irving Brad shaw, Horace Van Zile, Burtes McNay, Leonard Russell, Evan Hodson and Lawrence Garhard. BEN TEAL DIES IN EAST Well-Known New York Theatrical Producer Succumbs. Ben Teal, brother of Joseph N. and Henry Teal, of Portland, and a well known theatrical producer of New York, died at his New York home last Friday after a brief illness. He was about 55 years of age. Mr. Teal was a native of Oregon, but had resided in New York for more than 25 years. He visited here only occa sionally. He gained his first experience in the theatrical world at the old Newmarket Theater at First and Ankeny streets. He rapidly developed into an executive of ability and capacity. So he went straight to' New York. He promptly formed connections there. Three Face Gambling Charge. Sol Stiller, proprietor of a cigar store at Broadway and Stark street, was ar rested last night on a charge of con ducting a twenty-six game for cigars, and Morris Pressman and Morris Davis were charged with visiting a gambling game. Mr. Stiller was released on $50 bail and the other two on bail of $10. Officers Spaugh and Burkhart nade the arrests. LAND GRANT GASE LOST BY Supreme Court Affirms Judge Welverton's Ruling and Congressional Act. RIGHT TO TIMBER DENIED Mortgage Holders Can Claim No More Than Oregon-& California Company Holds Interven- ers Have No Standing. (Continued From First Page.) be borne in mind that they carried with them covenants to be performed and necessarily an obligation to perform them, with remedies for breaches of performance. Such was our aim and the Judgment was adapted to the con ditions created by the breaches, and for this the legislation was deemed necessary. "But the railroad company says that the legislation directed was to have its consent, and that such consent was essential to the valid resumption or al teration of Its vested rights, and that this was what this court meant when it said 'that any legislation In the premises by Congress should secure to the defendants all the value the grant ing acts conferred upon the railroads.' "We have already answered the con tentions. The railroad company, by putting Into view the rights conferred by the granting acts and putting out of view the wrongs committed by it, can easily build an argument upon and In volve the Inviolability of vested rights; and to say tnis consent was necessary to legislation is to say that It could dictate the remedy for Its wrongs, pre clude or embarrass the policy of the Government." Attacks on Act Disposed of. As to the attack made on the Chamberlain-Ferris act, both by the Trust Company and Francis J. Heney, rep resenting the Puter applicants, the Supreme Court says they are based on the assertion that the rights of the railroad are "vested and inviolable." Of this contention the court says: "To yield to it would be in effect to declare that covenants violated are the same as covenants performed wrongs done the same as rights exercised and, by confounding these essential distinc tions, give to the transgression of the law what its observance alone Is en titled to." The Supreme Court holds the decree of Judge Wolverton was in error as in assessing against the railroad com pany costs of proceeding In the Su preme Court and that portion only Is reversed. Costs are set down as $6249. liAXD DECLARED NOT RESTORED Title Said Given Government for Administration, Says Attorney. EUGENE, Or, April 23. (Special.) Title to the Oregon and California land grant Is invested in the Government only for the purpose of administration and disposition by the decree handed down by the United States Supreme Court today, In the opinion of Attor ney L. E. Bean, Representative from Lane County in the State Legislature, who has been leading the fight to have this land placed on the assessment rolls in the various counties of the state, for the purpose of determining the state's right of taxation. It is Mr. Bean's view that the court has held the United States Government shall now proceed to carry out the terms of the original grant in the disposition of the lands, acting as administrator for the rail road which failed to comply with the terms of the grant. "The decision does not restore the land to the public domain," Mr. Bean stated. "The title is Invested in the Government only Tor disposition and administrative purposes, which in no way affects the sovereign right of the state to tax the lands. Such a ruling was fully expected. Otherwise, if it had been contemplated that the Su preme Court would sustain the railroad company there would have been no reason for submitting the taxation bill to be voted upon In June, because the court's decision would have settled that question." Mr. Bean stated that the right of the state to tax the land is separate from any touched upon by the court, and that It becomes more important than ever that the people of the state vote to place the land upon the assessment rolls. If this question is to be deter mined, by court proceedings in the future. COPY OP DECISION AWAITED Attorney-General Brown Says Rul ing Accords With His Opinion. ROSEBURG, Or.. April 23. (Special.) Attorney-General George M. Brown, who is here on business connected with his office, refused to comment on the decision of the United States Supreme Court relative to the Oregon & Cali fornia grant lands, other than to state that the ruling was in direct accord with his opinion. "When I get a copy of the decision," said Attorney-General Brown, "I may have something to say regarding the Bean bill, which was enacted at the last session of the Legislature. "Until that time I have nothing to say for publication." LITIGATION CONTINUES DECADE Lands Granted In 18 69 to Induce Railway Construction. Litigation over the disposition of the Oregon & California grant lands has been pending la the 1" ederal Courts for the last decade. The lands originally were granted to the Oregon & California Railroad of which the Southern Pacific is the suc cessor in 1869 as an inducement for the construction of a railroad between Portland aud San Francisco. The only condition attached to the grant was that it should be sold to actual settlers in quantities not to ex ceed 160 acres and at a price not to exceed $2.50 an acre. A few tracts actually were sold un der these conditions, but for many years no sales were made at all. Then, at intervals, as the records show, some sales were made at prices in excess of $2.50 an acre. This was heavily tim bered land and the railroad took the ground that the excess figure was in payment of the timber. But it developed that some sales were made to timber companies who plainly did not qualify as "actual settlers," but the railroad contended that there was no active market for the property from settlers. But no serious opposition developed to this seeming violation of the terms of the grant, as there was not much demand for the land at any price so long as ample areas of Government land then could be obtained rree. Finally, in 1896, the railroad wlth- RAILWAY drew the property from the market altogether. That aroused some opposi tion. Various "settlers," whether ac tual or pretended Is not apparent, at tempted to settle on certain quarter sections. Some of them tendered pay ment at the rate of $2.60 an acre, which was refused. A group of these "settlers," about 10 years ago. engaged A. W. Lafferty to begin suit in the Federal Courts to compel the railroad to sell them the lands for which they had applied. Public attention thereby was directed to the situation and in 1907 the Oregon Legislature memorialized Congress to forfeit the grant back to the Govern ment on the ground that the Southern Pacific had failed to live up to the terms of its contract. In accordance with that appeal Con gress directed the Attorney-General to Institute proceedings to have the title forfeited. B. D. Townsend, special agent for the Government, conducted a series of investigations, and in September, 1908. entered suit, based on Information that he had gained, In the Federal Court at Portland. The Southern Pacific entered a de murrer, which was overruled by the court in the Spring of the following year. The case was tried adversely to the railroad, the Supreme Court sustaining that decision June 15, 1915. In December the same year Judge Wolverton entered a decree in accord ance with that decision, declaring the railroad's sole Interest in the property to be $2.50 an acre and enjoining the railroad from selling the land at all until Congress had prescribed the man ner in which It was to be sold. The Southern Pacific entered protest against the decision and carried its protest to the Supreme Court. Yesterday's decision has the effect of nullifying that protest and of sustain ing the decree of Judge Wolverton. Meanwhile Congress passed the Chamberlain-Ferris bill, which pre scribed for sale of the lands and pro vided for disposition of the money ac cruing from those sales. The validity of this bill also was sus tained by the court's decision. The recent session of the Oregon Legislature passed a bill, introduced by Representative L. E. Bean, attesting the sovereign right of the state of Ore gon forever to tax these lands. The measure was referred to the people by the Legislature itself and will be voted upon at the special election June 4. j Progress of the War. AGAIN the British have begun a pe riod of intensive fighting from the region of Lens, southward to the Hav rincourt wood, and, according to the London war office, have been successful at various points in capturing Import ant German positions. In addition more than 1200 Germans were made prisoner in the first day's fighting in the new offensive. BoCh north and south of the Scarpa river, the British have materially ad vanced at several points toward Douai. North of the river the village of Gav relle and positions two and a half miles long south of the village were captured. wnue south or the stream they took the line of the Germans on a wide front south and east of Mouchy-Le-Preux and captured Guemappe. Farther south the entire .village of Trescault and the greater part of the Havrincourt wood now is in the hands of General Haig's forces. On the north ern end of the battle line additional progress has been made southwest of Lens, seemingly placing that important town in great jeopardy. The Berlin official communication dealing with the fighting of Monday says the new British offensive on the Arras front oroke down with heavy casualties. Berlin admits the penetra tion of German trenches on a front of 500 yards northwest of Lens, but says the British later were expelled in a counter attack. Northwest of Solssons, between the Alsne and Chemin-des-Dames the French have further advanced their line, but elsewhere on the front held by the French, artillery duels have pre dominated. Sunday night the Germans tried, but without success, to penetrate French positions, notably east of Craon- ne in the Champagne, near St. Mihiel and in the Vosges mountains. A return of good weather to the western front has brought about re newed aerial activity and numerous bat tles in the air. A British ship is be lieved to have been destroyed over the Straits of Dover by a hostile airplane with the loss of its entire crew. Sun day French airmen In aerial engage ments shot down six enemy airplanes. A similar number fell prey to British aviators, while 15 others were driven down out of control. Anti-aircraft guns disposed of another German air plane and seven kite balloons. Berlin reports that German airmen forced down 11 entente machines an! destroyed four captive balloons. The Britisn war office admits eeven British airplanes failed to return. Our Showing of Beautiful Blouses should appeal to those who want dainty in dividual styles at moderate prices. Whether silk or lingerie, our models are different and appealing;. Clothes For Young Men THE young business man whose duty lies in store, shop or office will find here the clothes ap propriate to the season. Clothes that are a standard of .measure for right fabric, right mak ing, and right styles, the three com bining into the very essence of right character! Each garment must satisfy you, else I do not want your money. $15, $18, $20, $25, $30 Second Floor MomsottalEwrtfr SPUD SEED ISSUED Eighty-Two Sacks Offered by County Snapped Up. 15,000 APPLICATIONS FILED Distribution Made by Agricultur ist Hall, Who Says More May Be Spared liater, but Demands Cannot Bo Nearly Met. WANTED: A miracle One to pro vision a multitude with potatoes from a limited supply. There were only 82 sacks of seed potatoes, and a multitude, attracted by announcements in the newspapers, clamoring for them at the Courthouse yesterday. S. B. Hall, county agricul turist, was giving to the public for seed the excess crop of the County Farm. He expected there would be more for distribution shortly, but Just when he could not say, as there are close to 15,000 applications filed and the available supply cannot exceed 450 sacks. Distribution began at the Courthouse yesterday at 2 o'clock, and long before that hour many had gathered in the corridors outside the quarters of the agriculturist in room 154. Several hun dred had congregated by the time the doors were opened. Mr. Hall passed out the orders to those who had al ready presented applications, and the applicants were then doled out their portions from a truck parked on Sal mon street. Each wanted a sack, but In most Instances half a sack or smaller portions were all that was allotted. A truck with 22 sacks was soon cleared out, and another arrived from the farm with 50 more. That did not last long. It was announced that more might be brought in today, and that arrangements were being made to leave some of the crop at Gresham and outside country towns for distribution, but it was found later plans for dis tribution today could not be carried out. The truckloads were In charge of semi in models, ilM Kir 11. "All or 5 Troubles" said a business man who had just come to his own in a financial way, "have been due to the fact that I didn't commence early enough to save money. Opportunities have slipped through my fingers for lack of money; my progress has been retarded be cause I was so long learning the value of a dollar. I could have been inde pendent years ago had I been a money eaver'in my youth." Does that suggest anything to YOU? 3 ON SAVINGS LUMDERMENS National, bank FIFTH R. J. Werner, assistant county agri culturist. Applicants pledged themselves to use the potatoes only for seed or to con sider themselves indebted to the county at the rate of 3 cents a pound for the spuds not used as seed. Further, they pledged themselves to return to the County Farm or to a place to be desig nated in Portland, next Fall, potatoes equivalent to those received this Spring. The sacks distributed varied In weight from 92 to 100 pounds. GEESE AND SWANS ARRIVE Wapata Lake at Gaston Resting Place of Large Flocta. GASTON. Or.. April 23. (Special.! A huge flock of pure white large swans, numbering approximately 200, descended noisily upon Wapato Lake a few days ago on their way north for the Summer, and have attracted much attention and admlratolon hereabouts. Just About the Smartest Suits You Could Ask for Special $18.45 Three models illustrated they are regularly priced to $32.50. Special today and Wednesday only. They're all brand new. Of serge, pop lin, gunniburl and gabardine, - tailored and pleated some of them belted. Many have top collars of silk and others show rows of con trasting stitching. Both light and dark colors and some blacks are included. The pret tiest models will go first, so come in this morning if pos sible. Your Charge Account Solicited 'Outfitting (o-1 Washington Street at Tenth My AND STARK Late yesterday afternoon. Just after a heavy downpour of rain, the sun flashed out suddenly, seeming to make a dazzling center of the swans at rest on the mirrored waters of the placid lake, and with a rainbow setting cre ated an unusually beautiful effect. Thousands of wild geese, also on their annual pilgrimage north, have made a stopover on the lake, and day and night for the past week their weird, croaking cries have announced their presence. Old-timers say they have never seen the geese in such large numbers as this year. BERNHARDT RESTING WELL1 Frencli Actress, Danecrously 111., Ig Reported Comfortable. NEW YORK, April 23 Madame. Sarah Bernhardt, the noted French ac tress,, who is dangerously ill here, was "resting comfortably tonight," accord ing to a bulletin Issued by her physicians.