THE 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.