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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Aug. 19, 1906)
24 THE SUNDAY OREGOXIAX, PORTLAND, AUGUST 19, .11)06. BIG LAND FRAUD FORT! YEARS AGO Government Swindled of Vast Tracts Through Wagon Land Grant. RECENT SALE A REMINDER Bults Instituted by Government td Recover In 1889 Fall Because Land Is Held by Inno cent Purchasers. Bala by the Booth-Kelly Company the ether day of the lands acquired through the old Oregon Central Military Road Company's grant recalled the tact that many, years ago these tracts became. famous In connection with other wagon road grant In Oregon through suits In stituted In the Federal courts by the then United States Attorney to cancel patents on the ground of fraud. Incidentally it brought to light the cir cumstance that In the earlier history of this state land frauds were practiced upon such an extensive scale as to make the looters of the public domain of the present time appear like petty larcenists In comparison. If the bills of complaint filed in the cases are any criterion. On August 30. 18X9, bills of complaint were filed in the United States Circuit Court by United States District Attorney L. L. McArthur. asking for the forfeiture of various wagon road grants in this state. Including the Willamette Valley & Cascade Mountain Wagon Road, Com pany, the Willamette Valley & Coast Railway Company; . the Oregon Pacific Railway Company, the Farmers' Loan & Trust Company, the Dalles Military Wagon Road Company, the Eastern Ore gon Land Company, the Oregon Central Military Road Company, the California & Oregon Land Company, besides 68 In dividual These bills were signed by Acting Attorney-General O. W. Chap man, United States Attorney McArthur and Special Assistant W. C. Johnson, who was aiding McArthur under direc tion of the Department of Justice. While differing somewhat in details, the complaints resembled each other In their general features so far as the corpora tions were concerned, and the one against the Oregon Central and the California & Oregon Land Company, Involving title to the lands recently transferred by the Booth-Kelly Company to a syndicate of Eastern and California capitalists may be taken as a fair indication of the whole. It recited that the Oregon Central Mili tary Wagon Road Company, which after wards transferred Its interests to the California & Oregon Land Company, was originally composed of B. J. Pengra, C. K. Pengra, O. W. Colby, John Boggs, N. D. Hideout, W. H. Parks, R. F. Parks, Ed gar Mills, E. B. Pond, Nicholas Lunlng, W. C. Belcher. F. B. Simpson, J. W. Peck, Isaac Allen, B. F. Baker, M. P. Jones, D. H. Holbrook, Isaac Lohman and A. D. Breed, and they were likewise made defendants In the suit. History of Wagon Road Grant. The history of the wagon road grant as told in the complaint Is filled with Interest, Congress having passed an act on July 2, 1864, granting to the State of Oregon to aid In the construction of a wagon road from Eugene, by way of the middle fork of the Willamette River and the most feasible pass In the Cascade Range of mountains, near Diamond Peak, to the eastern boundary of the state, the alternate sections of land, designated by odd numbers, to the extent of three sec tions on each side of said road. The act provided that the lands granted should be applied exclusively to the construction of the road, and to no other purpose; that they should be disposed of only as fast as the work upon the road pro gressed; that lands lying within the limit fixed by said act, and thereafter reserved or appropriated, should be reserved from the operation of the act, except so far as It might be necessary to locate the road over the same, in which case a right of way to the width of 100 feet was granted; That the land so grunted to the State of Oregon should be disposed of by the Leg islature thereof for the uses and purposes therein set forth, and for no other pur pose. In the following manner: TTpon the completion of ten miles of the road, a quantity of land not exceeding 30 sections for said road might be sold co terminous . to the completed portion of said road, and when the Governor of the State of Oregon should certify to the Secretary of the Interior that any ten coterminous miles of the road were com pleted, then another quantity of land by this act granted, not to exceed 30 sections, might be sold in the same way as before. From time to time, as the road was com pleted, the lands were to be disposed of in this manner, and If the road should not be completed within five years, from the date of the passage of the act, no further lands should be sold, and the land remaining unsold should revert to the United States. Governor Glbbs Deceived. It was averred further that on July Zi, 1S66, the Oregon Central officials falsely represented to Governor Addison C. Glbbs that 60 miles of the road had been con structed eastward from Eugene, where upon the state's chief executive certified that he had "passed over and carefully examined the first 50 miles of the Oregon Central Military Road Company, begin ning at Eugene City and extending east ward and towards tho southern or east ern boundary of the State of Oregon, and that the road had been completed for that distance In accordance with the re quirements of the ' act of Congress and the laws of Oregon." The complaint declared that Governor Glbbs was deceived, a county road. In which the company had1 no interest hav ing been pointed out to him as the mili tary road owned and constructed by the company, and that his cerUticate had been fraudulently obtained. November 26, 18u7. it was alleged that Governor George L Woods was Imposed upon In the same manner, causing him to certify that 424 miles had been com pleted; also on January 12, 1S70, Woods certified to the entire completion of the road. Tho complaint set up that the Governor never made any examination of the road whatsoever, and well knew that it had not been constructed. Evidently some combination must have been at work on the Congressional end of the scheme to acquire the titles, be cause It is shown that on June 18, 1874, Congress passed a curative act applicable to the lands sought to be acquired through process of tha wagon grant, which reads as follows: "That In all cases when the roads. In aid of the construction of which said landa were granted, are shown by the certificate of the 'Governor of the State of Oregon, as in said acts provided, to have been constructed and completed, patents for said lands shall issue in due form to the State of Oregon as fast as the same shall, under said grants, be selected and certified, unless tha State of Oregon shall, by' publlo act, have transferred its Interest in said lands to any corpora tion or corporations. In which case the patents Aboil Issue from tha General Land Office to such corporation or corporations upon the payment of the necessary ex pense thereof; provided, that this shall not be construed to revive any land grant already expired, nor to create any new rights of any kind, except to provide for Issuing patents for lands to which the state Is already entitled." Lands Handed Over. It was further set forth In tha complaint that the Secretary of the Interior Depart ment and Commissioner of the General Land Office, having been deceived, misled and imposed upon by the false and fraud ulent certificates hereinbefore set forth, executed and delivered to the State of Oregon certified lists for the following quantities of land; November 13i 1S67, 19, 153.23 acres; April 21. 1871, 167,633.57 and 23. 475.66 acres; December 8 1871, 113,504.91 and 9641.14 acres, and April 2, 1873, 23,458.48 and 4459.94 acres, a total of 361,326.93 acres. The case wherein Jt was sought to can cel the patents to the lands of the Ore gon Central Military Road Company's grant was tried before United States Cir cuit Judge Matthew P. Deady, who, on May 25, 1891, decided against the Govern ment. December 28, 1891, an appeal was taken from his decision to the Circuit Court of Appeals, which, on March 19, 1892. affirmed the ruling of the lower court, and on March 6, 1893, the Supreme Court of the United States sustained the decision of the Circuit Court of Appeals. The ruling In favor of the defendants by all the legal tribunals was based upon the theory that the tracts enumerated had not only been sold to lnnocant pur chasers, but that the Government Itself had been guilty of laches In the matter of commencing the actions, although It was not denied that had not the statute of limitations run against the proceedings In a way, or at least to the extent indicated, the suits to cancel the patents could have been maintained successfully. The consideration involved In the deal whereby the Booth-Kelly Company, suc cessors in Interest to tho military' road company's grant, parted with its hold ings, was given out as J700.000, which seems like a small amount. In view of the large area of the property sold, and the general tendency towards advancement of realty values throughout the state. Graphophone vs. Fiddle Farmer Gets Decision This Telia Bow Van C. Dunning; Outwitted the Neighborhood fecourice and Silenced Ambitious Imltatora of Ole Bull. VAN C. DUNNING, who lives on the corner of East Sixth and East Alder streets. In common with the neighbors, had been inflicted for several weeks half the night hours with the rasping tones of a fiddle in the hands of a man who lived In a tent across the street. In the early part of the evenings this man would get out his fiddle and practice until midnight. Nobody could sleep. The musio sound ed like the wailing of a soul deep down In perdition. It came out on the night air with awful accents. It kept the ba bies awake. The women became hysterica.- Something must be done. Some thing had to be done. Van was the man of the hour. He Jumped Into the breach. He made the man with the fiddle sick. Van bought an "elephanantlcal, ornitho logical, musicanlcal, Edisonical" auto matic music machine and poked Its elon gated nose out the window of his home In the direction of the tent. Last Monday night when the fiddle started Van started his machine. As the man with the fiddle put on more steam Van moved his clutch several notches higher, completely drowning out the tones of the fiddle. The tenter retired from the contest. He opened out again Tuesday night. Van opened out also, and the riddle had to retire. And so it went on until Friday night, when the man with the fiddle ac knowledged he was beaten and came over and agreed to throw his fiddle in Sulli van's Gulch If Van would do the same. It was agreed, and both fiddle and "ma chine" were dumped into the gulch Fri day night. . Since quiet has been restored at the Intersection of East Alder and Sixth streets Van has been receiving delega tions congratulating him. These came from the lodges meeting in the near-by hal, from mothers whose babies were distracted, hysterical women and others too numerous to mention. ' Van will not be a candidate for Mayor, and does not care to receive any more delegations. The consciousness of hav ing done a good deed Is sufficient reward for him. Sirs. W'ldel Sues for Divorce. Suit for a divorce because of cruel treat ment and infidelity was commenced in the State Circuit Court yesterday by Mabel C. Widel against Albert T. Widel. Jessie Borlan Is named as co-respondent. The litigants were married at Beaverton March 25, 1897. Mrs. Widel asks for the custody of two minor children. DECIDES TO REMAIN IN PORTLAND AND RE-ENTER . BUSINESS GEORGE E. JABOUR. George E. Jabour Is determined to remain In Portland. and Monday will open up an' Oriental bazaar at the corner of Seventh and Washington streets. Mr. Jabour quit the show business when the Lewis and Clark Exposition closed, and although he has had favorable opportunities to re turn to It he stuck to his intention to remain in this city, where he has numerous acquaintances. The Oriental Bazaar will be conducted by a firm known as George E. Jabour & Co. Mr. Jabour proposes to give port land the finest empqrium of its kind on the Pacific Coast. The stock will consist of rugs, tapestries, drapes, laces, antiques, etc. Much of the goods was secured through the influence of the Turkish government from the fac tories at Constantinople. Mr. Jabour was formerly Consular Agent for Turkey. HAMMOND ORDERS I E IRK RUSHED Grading to Be Commenced by September 1 on Seaside Tillamook Line. WILL BUILD ALONG COAST Engineer Taylor, Who Has Been Placed in Charge of the AVork, Says Water Grade to Tilla mook Is Feasible. . Instead of waiting the coming of Spring to start work on tha Tillamook extension of the Astoria & Columbia River Railroad, as the plan of A. B. Hammond was when he was in Portland a few weeks ago, work will be commenced on grading for the line within the next few weeks. Pre liminary work is being rushed, and by Septeruber 1 construction gangs will prob ably be busy leveling the ground for the laying of new track. J. W. E. Taylor has been made the en gineer In charge of the extension and is now in Seaside, where he Is effecting the preliminaries to speedy construction. He will join a party this week in a recon noltering trip over the ground -from Sea side to Tillamook, a distance of about 30 miles- as the crow files. Mr. Taylor was formerly the engineer In charge of the H. E. Huntington system of electric rail roads in Southern California. He came to Portland with tho group of Los Angeles promoters who organized the United Rail ways Company several months ago, and started actual construction of the city lines on the Macadam road. He is known as a thoroughly competent railroad build er and has the confidence of railroad men on this Coast. Engineer Taylor has been on the ground to be traversed by the Hammond exten sion already, and gives his opinion that he can build a road to Tillamook down the coast on practically a water grade. This work, he says, will prove expensive, but he can secure the desired gradients without serious difficulty. Since the visit of Mr. Hammond in Port land and his announcement that the As toria & Columbia River Railroad will be extended to the Nehalem and Tillamook sections, officials of his lines have been busy arranging for an early conmflfence ment of actual work. It has been found that a large part of the work prior to the laying of the rails on the extension can be done before the heavy rains of the Winter set in. It is hoped to have the Astoria & Columbia River Railroad line Into Tillamook early next year. Mr. Hammond holds the record for be ing the man whp has talked less about what he intended doing In railroad build ing than any other who is Interested in the situation in this state. His promises have never outrun performance; on the contrary, as in the present Instance, his method is rather to begin building opera tions before he gives his plans any gen eral public discussion. Representatives of Mr. Hammond are in Portland securing Instruments to close up the surveys as soon as possible. En gineer Taylor has been Instructed to push the work, and by early next year it is expected that conductors on A. & C. trains will be shouting "Tillamook" to announce the arrival at the southern terminus of the road. SUXSET BACK IX OLD FORM "Midsummer Oregon," From Pen of John Gill, Tells of Vacation Spots. The August Sunset is a special Oregon number and contains1 a great deal of in formation about this state. The maga zine has regained the form it had prior to the earthquake and is a symbol of the newer and better San Francisco. The leading article of the month Is from tha pen of John Gill, of Portland, on "Mid summer Oregon." Under this caption he tells of the delightful Summering spots the state offers, and weaves in her in dustrial and commercial Importance as well. "Mining in Southern Oregon," and "Oregon's Wool Industry" attract atten tion to two of the state's leading ac tivities, illustrated, as they are, with many cuts and written In Instructive fashion. The usual .departments of the I New Fall! I Fabrics j I For Men! Hundreds of .patterns yes, thousands to choose from. Cheviots, Tweeds, Worsteds, Vicunas and Cashmeres. Suits to Your Measure $17.50 to $40 Trousers to Your Measure : $4.00 to $10.00 : We have increased the ca- pacity of our shops, so that now we ere equipped to turn out 100 suits a week, and on time to the very minute we promise them. In the past few months we have many times been unable to de liver suits promptly. We have never turned out any hurried, careless work, and we belieye our patrons will understand and appreciate the situation with which we were confronted. You will not be forced to wait hence forth a single minute after the time your suit is promised. Inspect our new workshops. Look over our stock. We have over 2000 patterns to show you a finer, more fashionable as sortment than any ever before shown in Portland, we believe. 001,r. . I Elks' Building, 7th and Stark Sts. Z magazine make up for the enforced short measure of the months Immediately fol lowing the earthquake. LOCOMOTIVE CATCHES FIRE Runs Down Fourth Street With Wood on Tender Blazing Merrily. A locomotive backing down Fourth street with the wood on Its tender afire startled people on that thoroughfare yes terday afternoon. The blaze was extin guished without danger to anyone, and no damage of any consequence resulted to the engine. The locomotive was a helper on the West Side division of the Southern Pa cific, which was returning from pushing a train up the Fourth-street hill when a spark caught in the wood. As the en glne back toward the station, the wind fanned the flames until the whole pile was ablaze. All possible haste was made in getting the engine to the roundhouse at the terminal grounds, where the fire was soon put out. The blazing wood at tracted a great deal of attention from people along the street. ay BURROS, TOO, ADVANCE AGENTS OF CHILEAN EARTHQUAKES. Former Howl, Latter Bray as Danger Draw. Rear, Say. Former Valparaiso Resident. Mrs. Nina Larowe, of this city, is one of several Portlanders who have lived in the destroyed City of Valparaiso, Chile, and while her residence there was in tha early 'fiOs, her reminiscences of that port are delightful and recall the fact that American tourists are too prone to rush to. Europe on their travels Instead of go ing to the wonderful scenic beauties of countries In their own hemisphere. Mrs. Larowe's father, James Churchman, was one of the most prominent lawyers of the West In early days, and when his per sonal friend, Lincoln, was elected Presi dent, received the appointment of Consul at Valparaiso.' At that time this consul ate was of more Importance than ac pres ent, as all vessels rounding Cape Horn put in at that port, and the shipping was more extensive than now. "My mother and myself went to Chile on a sailing vessel in 1862," said Mrs. Larowe. "Joining my father, who went from Washington by steamer. We were 60 days making the trip, and It was one of the most beautiful journeys Imagin able. We found Valparaiso a beautiful city of between 70.000 and 80.000 inhabi tants, a center of wealth and fashion such as we had not seen In this country, even In our residence in New York. There is purer Spanish blood In Chile than in any other South American country, and tha beauty of the women there has never been exaggerated. Before we started, many people sympathized with us on go ing to such a distant and presumably un civilized region, but we found it an ideal city. "To give an idea of the splendor of the city, I want to tell you of two balls which I particularly remember, and which were attended by the Governor, who came down from Santiago for the occasions. These balls cost $15,000 each, and were more gor geous than anything I have ever heard of in this or any other country. Not only was every detail perfectly arranged, but the ladies' dressing-rooms were laden with flowers, perfumes and all toilet ac cessories, even numerous boxes of eve ning gloves of every size and color be ing furnished." Climate Like San Francisco. "The papers Insist upon referring to the climate there as tropical, but this is a mistake. It is about the same as that of 2 TULQRS m k x A Men's at Xe These suits are all they are said to be the best of woolen fabrics and patterns, made up into perfect-fitting, good-wearing garments. We guarantee them. Sale of Men's Negligee Shirts . Broken lines of our regular 75c Shirts in various colors and patterns, reduced to MOYE San Francisco, being as far below the equator as the Bay City Is north of It. The Winter Is experienced during the months of June, July and August, and small brasseros are used for heating the houses. One peculiarity that women no tice there is the fact that no hats or bon nets are ever worn, but Instead, elaborate hair dressing, and parasols are carried. It Is a strictly Catholic comm.nity, and in those day the Protestants were allowed to have churches, but no steeples on them. "Earthquakes are frequent, but the na tives never get used to them or careless of their danger. When one occurs it is a common sight to see every one w,ho can not reach the plaza rush to a door or window and take shelter beneath the frame, as these are considered the last likely to fall. In early days they used to construct very thick walls to the houses, but about the time we were leaving, this custom was changing, and less resistance to the quakes was being considered in construction. Only a few English resi dents lived on the hills, the Spanish resi dents absolutely refusing to leave tha water's edge. Animals used to give warn ings of approaching earthquakes, the dogs howling, and the burros, which are ex clusively used in that country, braying and bracing their legs. One of the most terrible features of such disturbances Is that the second shock Is always tha worst one, and the suspense of waiting for it after the first shock is nerve-racking to the strongest. EAGLES CHOOSE NORFOLK Spokane Fourth In Convention Race. Oregon Man Grand Chaplain. MILWAUKEE. Aug. 18. Edward Krause, of Wilmington. Del., was to day announced as the successful can didate for the office of grand worthy president of tha Fraternal Order of Eagles. Mr. Krause received 1388 votes, against 81 for Henry G. Davis, of Ohio, the retiring head of the or der. Norfolk, Va., with 972 votes, was the choice of the next convention city. Boston received 609 votes, Omaha 613 and Spokane 62. Other officers elected are: Grand worthy vice-president, Theo dora E. Bell. Napa, Cal. Grand secretary, A. E. Partridge, Kansas City. General treasurer, F. E. Herlnff, South Bend, Ind. Grand chaplain. Joseph T. Hinkle, Oregon. Grand conductor W. C. Pettus, Nor folk, Va. Grand inner guard, Edward Foote, Pleasant Hill. Mo. Grand trustees, Harry G. Bracken, Milwaukee; Daniel J. Dalton, Cincin nati; Fred H. Porter, Louisville, and Thomas D- Hays, Newark, N. J. Cblonel Eduard P. Edsen. of Seattle. announced the awarding of prizes for the degree team exemplification, held last night. The awards follow: First, Spokane, Wash., 384H points; second. Kansas City. 847H points; third, St. Anthony. Minneapolis, 846,4 points; fourth, Butte, Mont., 833 points. The afternoon was taken up . in con sidering the report of the committee on grievances. Exemplification of the de gree work was the feature of tonight's session. At the evening session the final report was submitted by the committed on grievances and appeals, and as a re sult of the controversy over Jurisdiction of aeries in the same city. It was pro vided that in the future no additional aerie can be established without the' con sent of the mother aerie in that com munity, no matter whether, or not other aeries there consent. It was left optional with subordi nate aeries to pay more than i3 weeks' 6tck benefits in any one case of illness, intended to apply to chronic cases, - The convention adjourned sine die, af ter the installation of the new officers by Del Cary Smith, of Spokane, Wash. Wash. Panicky prices and trustworthy merchandise are making" merry times at the Moyer. We're still selling out our Summer stocks at rock-bottom prices in order to make room for new Fall goods We want you vto see our n 49c OBJECTS TO BLASTS South Portland Man Asks for Injunction Against Quarry.. DECLARES IT A NUISANCE Says His Wife Has Been Made III , by Shocks From Explosions, and Is Obliged to Live Away From Home.. William Martzloff yesterday began pro ceedings in the State Circuit Court against tha Willamette Stone Company to enjoin the latter from operating a rock quarry on the Finlce Caruthers do nation land claim in South Portland, ad joining Martzloff's dwelling. Judge Fra zer, on tho application of Ed and A. R. Mendenhall. attorneys, signed an order requiring the Willamette Stone Company to appear In court on August 20 and show cause why an order should not be grant ed commanding Its officers and agents to desist from exploding blasts of powder and dynamite in tha hillside opposite Martzloff's home. Mr. Martzloff alleges In his complaint that the defendant has been operating a rock crusher and blasting stone, by rea son of which his dwelling-house has been greatly Jarred and shaken, and his wife, who is an Invalid, has been afraid to re main in their home, and he has been compelled to move her away. Mr. Martzloff some time ago sued J. W. Sweeny, a contractor, for damages In the State Circuit Court, alleging that rocka from the quarry were scattered by blasts and struck his (Martzloff's) house and caused Mrs. Martzloff to become panic-stricken and made her ill. Nominal damages were awarded. Tho quarry i located Just above Marquam Gulch, and Martzloff's house is located below. GIVEN SENTENCE OF 30 DAYS W. J. Williams Pleads Guilty in Circuit Court to Statutory Offense. W. J Williams, charged with a statu tory offense with Catherine Long, pleaded guilty In the State Circuit Court yester day and was sentenced by Judge Frazer to 30 days in the County Jail. Sentence was deferred In the case of Catherine long upon condition that she go to the Home of the Sisters of the Good Shep herd and remain there one year. The arrests were made by Officers Ed ward Burke and Thomas Kay. BOYS GO INTO BUSINESS Former Western Union Messengers Open Messenger Office of Own. Two former Western Union messenger boys have branched out Into business for themselves and have Incorporated the Portland Messenger & Delivery Company, with offices at Fifth and Ankeny streets. The enterprising young lads are Nelson S. Borland and Alexander A. Oiler, both of whom have had several years' experi ence with local messenger companies and are officers in the Menssenger Boys' Union. According to their Incorporation pa pers, they are to do a general messenger and delivery business in this city and vicinity, and incidentally to embark into Men ) THIRD and OAK brokerage pursuits. The new firm has several competent messenger boys In Ha service, and the rules governing the ac tions of these boys are very strict. No smoking of cigarettes or using of pro fane language is to be permitted on tha part of any of the employes. WHAT IS IT? What Is an "Interior Player?" It Is an Upright Piano, in which Is em bodied pneumatic player mechanism for playing the Instrument by means of a per foiated sheet of paper. TWO INSTRUMENTS IN ONE It Is all In one case, and you do not have to adjus." or remove anything to play tha piano either way. We have different makes, but we have the only one on tha market which plays the entire keyboard of the piano 23 note more than any other player piano made. It is worth your while to see this truly wonderful Instrument. We have Just unloaded another larga shipment of pianos, and though we hava recently taken on the store adjoining us, till both Htores are now crowded to over flowing with finely made and beautifully finished pianos. Our "midsummer" prices beat any "sale" prices all to pieces, quality of goods considered. EASY MONTHLY PAYMENTS " Open Evenings. Soule Bros. Piano Co. Corner of Morrison and W. Park Streets. We are headquarters for Toric Lenses, Shur-On Eyeglasses and Invisible Bi focals. Oregon Optical Co. 173 Fourth St., Y. M. 0. A. Bldg. The Leading Opticians of the Pacific JSorthwest. The) Very Beit TYPEWRITER Other Makes, Rented. Re paired and Sold. OFFICE STATIONERY RUBBER STAMPS FOUNTAIN" PENS And Repairing. P. D. CUNNINGHAM'S COAST AGENCY CO. 231 Stark. Mala HOT. Money Bared in Erery Lin. I 4"l Mil t fl' I III III I Wds'WffmfflyMm 91 ii i T . t,rrst Lenses