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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Jan. 13, 1907)
Pages 1 to 12 rORTLAKD, OREGON, SUNDAY MOEJflSG, JAXUABY 13, 10O7. riUCE FIVE CEMS, VOL. XXVI 2VO. 2. ANOMOHoroLror SOUTHERN Road Hofds 3,000,000 Acres in Oregon, PARTS Of OiiluClAL GRANTS Company Evades Limitations Provided by Congress. NOT BINDING, IT DECLARES Lands Were to Be Sold to Actual Set- tier at Not to Exceed $2.50 an Acre, and No More Than. ISO Acres' to Any' One Buyer. Tltr. ' SOUTHERN PACIFIC GRANT LAMM IN OREGON SHOULD . 1 SELL' FOR '0T OVER 9.50 AN ACRE. Renolved. THa.t it I. th sense of the Shippers' ana Froducers' Con vention at Albany, that the attitude of the H arrlman jBtm In refuclnc - to sell the timber and airlcultural lands which were placed In the banda of the Oregon it California ftallraad Company by the Government at a ' lime wha they aorly needed theae ' lands tn order to use them as col- lateral for loans to be used In the 'construction of th road and which were,' try thi term of the arrant, evi dently intended to he held tn trust by the railroad company and later "old. to the settlers of Or von. ha workad and la working great harm to the people and interests of Ore gon; and we emphatically proteiit aaalnat this . policy and reaneetf tilly request the members of the Orecon Viwure to bring forcibly tto th 4 ! attention of the National Con r rets t this condition of affairs and memor- i lall.ee Joi jrr-ns to the end that these 1 l?nds may be put on the marKet at an early date and at the price and tinder the terms and conditions con- , I tetnptated by the- orlar'nal grant. ir Adopted January 10, 100T. . Vast areas of .land are owned in Ore- gon by the Southern Pacific, as bonuses granted by the United States to the Ore son & California Railroad . In 1866-1370 and to the Oregon , Central Railroad in 1ST0, In order that those companies might U86 them a collateral lor loans where with to build the roads, or sell them for money for that same purpose. The price 'at which the lands were to he sold was never to exceed S32.50 an acre. only '-actual settlers" might , purchase, and no one buyer should secure more than 100 acres. Such were the safeguards set up by Congress against creation of a great land monopoly, like that now held by the Southern Pacific, amounting; to about 3,000,000 acres of land, which In the last three years It has refused to sell. Before that time It sold 3.500.000 acres. In most cases .for more than 92.50 an acre. The 3,000,000 remaining acres, at a conserva tive estimate, are worth J25.000.000. ' The orlsTlnal purpose of Congress was that the lands should boost the finances of the two struggling . railroads. The roads were to sell the lands whenever an actual settler wanted to buy them, and were to charge him no more than $2.50 an acre, and to -sell him not more than 160 acres. Instead of a cash bonus. Congress was i vine; a land bonus, which was to be converted Into cash, under the condi tions specified. Railroad Evadrs Limitations. : Naturally the Southern Pacific 'denies it is bound by the limitations specified. The objections raised by Its attorneys are various, numerous and ingenious. It is contended by them that "actual settlers" means such persons as then occupied,, without title, the lands covered by the grants, and that such settlers have now leased to be. It is contended, further- ' more, that the limitations were mere in cidents to the grants and did not condl- tlon 'the title, which passed to the 'two railroads. Again as to the Oregon A Cal ifornia grant. It Is set up that the limlta- tions specified are contained In a law ap proved April 10. which was an amend ment to the original srantlng act of 1866: that the title, now held by the Oregon At $ A. M. He Learns Thai the Presi dent Xs . Writinar a aCessaa-e About Him. 1 Ca-lifornla, wa vested in the original act, and could not be conditioned by tlie later etatute, Against this latter argument it can be objected that title was vested, not by the act of 1866, but by the very law con taining the limitations' as to. "actual settlers." "160 acres" and "S2.SO." The reason for this objection is that the act or im atepdea the time under wWcti the Oregon & California was to fulfill neeessary conditions for secuting th grant, without which extension the Brant now held by tlie Oregon & California would have lapsed. TJnder the act of 1869, the Orpgon & California accepted the grant. This part of the subject requires his torical treatment, which will, be made as brief as possible. But before turning; to it an Idea should be given of the size sty -y- Tlllmui, of Nonth CbthIIim. ' H ho Atta'Ks President's Treatment of Negro Troops. or the vast area acquired by ,the South ern Pacific. " Grant to Oregon Sfc California. A strip or land 20 miles broad and 362 miles Ions;, stretching from Portland to the California line, is" the area or the grant secured by tlie Oregon & Call- fornla. It consisted often alternate sec tions on each side of the road, designated by odd numbers, Lands already owned by settlers or otners were exempt from the grant and in their place the company was to receive as Indemnity an equal amount of land outside the 30 mile limit," as It was called, containing the' ten alternate sections on eacii side Of the road. Beyond " that limit . the - in demnity .trip was to be lO Tnlletf : wide. parallel with the' stfip'adj'ofning, the road. i '' 1 t1 ' , i n In that strip, the company was to make Indemnity selections on odd-numbered sections. And by a general act of Con gress wherever lands were wanting in the indemnity strip.' made wherever tl choose. . lieu selections were e company might The grant to the Oregon Central,, from Portland to McMinnvllle, 40 miles, was of the same sort. ' . ; The area of the Oregon k California grant was theoretically " nearly S.000.O0O acres;' but actually exceeded that figure more than i.ooo.ooo, by means of frequent bends In the road as laid out. That of the Oregon Central, to McMinnvllle, was about 500,000 acres. ' The two grants to gether, therefore, amounted to ; about 9,500,000 acres This. Is 10,560 square mlleei The area- of the. Cascade Forest Reserve in Oregon is 7000 square miles; - of the State of Vermont, 5563; of Rhode Island, 1250; of Connecticut.' 4490; of' Delaware, 3050; of Massachusetts, 8315; , of New HaTOpshtre3305; of "New Jersey, 7815. The grants to two railroads "in-Oregon, then, were larsrer than the Area, of Vermont, Rhode Island, Connecticut, Delaware, Massachusetts, ' New Hampshire or New Jersey". , The ; remaining lands of .the Southern , Pacific.. 4687 square miles, are a larger area than Connecticut, or Dela ware. It will be seen that1 a Kreat land- mo nopoly exists; in Oregon, in the Southern Pacific, that this was not Intended' by Congress, . which thought- it was putting up safeguards against it; that on techni calities the railroad bases Its thus lar successful non-compilanca with the limi tations, put on the ands by Congress: and that the people of Oregon have an interest m the matter that should cause them to take action, through the State legislature or through Congress, or "both. That this matter will not be overlooked by Oregon's lawmakers, either In the State Legislature or in Congress, there is good reason to .believe. W. c. Hawley, Representative-elect to Congress for the First District, is taking it up. and .there are members . of the legislature, chiefly from Southern Oregon, clamoring lor re lief from the tie-up of lands. The 3.000.000 acres are barred against settlement. (Concluded on Page 3. ) A ?i i 10 A. M. He Bears That the Inter- tat CtMntnm CiiminlI.ni Will Inveathjata Hint. : r - in -i -ir-m -S. j at" v vv M.,n . r ? DEED 15 IK IM SLEPT Somnambulism as Ex cuse for Crime. JUDGE MIS THE ACCUSED Walks in Sleep Himself and Knows About It. SEQUEL OF NEW YEAR BALL Freeman, Captured, In Act of Beating Man and Wife, Remembers Xotli lnB or It Judge Helps With Own Experience. CHICAGO. Jan. 12. (Special.) When Ross F"reeman broke into Fred fol- gcr'g saloon at Armour and Fortieth street? as New Year's day was dawn ing, end attacked' the saloonkeeper In his bed-room and terribly peat Mrs. Folger, he was sound asleep, according to the Judgment pronounced by Judge w. n. cottrcii, ol the Municipal Court. Freeman was acoultted on the ground of Bomrumbullani, after being captured reHianaea and witti a ma&R in his pocket. Tlie case Is unprecedented in court annals, and. presents one of the most remarKabie instances in the reo ords of psychology. Judge Also Walks in His Steep. With apparently not the. slightest shred upon which to hang a defense, except the good character oC the de- lendant'and his own solemn declar'a- tion that he had not the slightest recol lection rany of the acta attributed to rn m mm thi- Wadi With t hv. cJJTihullsrri theory aiid to cap the climax, of a- mas of testimony,' expert and otherwise, on 30mnaKlt)U llsm, Judge Cottrill himself became a witness for t.e accused, youth and. drawing upon an experience of. his own as .a sleep-walker, 'unqualifiedly acquitted Freeman, against the pro testations of the complainant and those who Had aided in the capture ol the accused man. ' " j '. Evening at Masked Ball. - Freeman's story is one of t'le Strang est ever told In court. . On New Year's eve, .he said, he went down town to see the festivities. On the street a man distributing cards handed him a ticket to the ball grtven at the Coli seum. Me went there, bought a mask, met and danced with Grace Kellcher ard two Of her friends. Elsie Steve and .mma Barz.. -When he offered to escort Miss Kelleher home, she told him that two young men were going home with her and the other g-irls and proposed that they -all so to gether. The two young men were in troduced to him. One of them was a tall young man who gave the name of Schulti, whom none of the srlrl seemed to like, m the weird drama enacted later In the night, Schultx Is now credited with some mysterious part and, although a detective searched for him for ten days his identity has not been established and he has not been found. The other man grave " his name to one of the Birls as Peter Moore, but search lor him also has been In vain. . Glass of Beer, Then a Blank. According to the story of Freeman, corroborated by the three young women. they all took a car and went to the house of tlss Bars, who had -Invited her two friends to remain with her for tho night, After parting from the young women, no Freeman's story runs, they- walked about a block, but in which direction he is not certain, and then went into a saloon and ordered beer. He says that as the tall man pushed his beer over to him, he noticed that the man held his hand over it, but thought nothing of It at the time; He swallowed half of the glass of Deer, ' he says, and from that time the rest of the night Is a blank. His last .recollection. Freeman says. Is that ha set the beer down and from that moment he knows nothing until he was FEW BUSY HOURS IN 11 A. ML Me Is Indicted for Rebat- awakened by blows on the soles of his feet and found' himself In a cell at the police station. FORTY PERSONS HUNGRY Revenue Cntter to Rescue of Isolated . Town in Alaska.' - WASHIN'GTOX. Jan. 1 2. The Secre tary of the Treasury has received from Sitka, Alaska, a copy of a telegram dated Juneau. - January 10. from the commander of the - revenue cutter sttka, in which he says he lias re- ceived a cablegram from Deputy Mar- shal Wad dell at Catella. Alaska, to the effect that 40 persons. Including: nine are short of provisions and that some ot mem are sick.- me leiegram acias: you send revenue cutter to remove or take provisions? All are able to pay. Twenty-five tons of provisions for Yakatajra at Kayak Highlands, but no boats are aval 1 able for Winter service. I have notified Governor Hoggatt to take the matter up with thA authori ties at Weshlnston." : In response Acting- SecretUry Ed- wards telegraphed Captain Atnswortll of the revenue cutter Rush that unless other Arrangements can be made to o . , i .. . . t ........ 1 i. r -- VntH era. h should proceed with his vessel. In response to this telegram the Depart ment late today received a teleffram to the effect that the Rush had sailed. Asks More Money for Famine. ST. PETEBSBtJRG. Jan. 12. The Minister of the Interior has asked the Council of Ministers for a further famine relief credit of s535.500.000. CONTENTS TODAY'S PAPER The Wctber. YESTERDATS Maximum temperature, 34 degreos; minimum, 28. TODAY'S Fair and continued cold: north east winds. foreign. Seven rioters shot In presence of populace at Orizaba. Mexico. Page 2. Russian election campaign grows warm PaBe S. Radical reforms in Ch.nee government. Page 5. Stead propones pi 1 gr1mBg of pact to Th Hasua. Pace 2. Rational. Tillman and Patterson have verbal duel In Senate on Brownsville rioters. Page 1. Bids opened for Panama canal contract. Page a. president proposes ' Government close Col orado River break and irrigate whole Hey. Page 13. President m ay abandon Wlckerahara. " f ag 5. flcht for Judge Polities. Tebate on Bailey charges begins in Texas Lesjlaluture. Page Bryan admits he is candidate for President rage 2. t' ; . . Domestic. Man accrued vT crime on- ground he did t in P.r. i. , Harrltiiar a'jrartr merger with . Atchison linfe ij. rorthetn CallfonUft. pag- 2. Union Pacific cranti ihlppinc facllltlM to '. boycotted coat mine. Page 2. . i . ' W'ells-Farjo'ti) replace Pacific Exprtsg on . Union Pacific. Paste a. I'l-rf packers finally arrange trust. ' Page 2. WMtern ' railroads gram "waaej Increase to engineers. Pafe 2. Civic Federation conference In Mrs. Potter Palmer's mansion. Page S. rae.He CotMt. n6ureentP claim organisation of Wash- ' ington;Leglslature. Page 14: California -n-tll endeavor to shako off grip of Standard oil trust. Page in. Eight men crow Columbia on ice at The Dalles, page 15. Commercial and Marine. Wheat and dour higher because of Increased demand from China. Page .iO. Effect of enow, blockades on Eastern mar- kets. Page ,19. ' General recovery In stoefca at New York. Page 3I. Large cast, gain by New York banks. Page 3. Portland stock market more active. Page 89. Bark Big Bonanza safe In San Fran cisco. Page 17- Portland and Vicinity. Southern Pacific Company holds vtrtual land monopoly In Oregon by Its disre gard of limitations under which vast tracts were granted by Congress. Page 1. Malarkey announces that he will iupport Haines for president of Senate. Pane 24. Spokane's demand - for terminal ratea will be heard tomorrow; Portland sends rep resentatives to hearing. Page 8- County division fights will .give Legtsla. ture xcork. Page 24. Heal estate men will demand legislation; want status defined. Page 16. Mayor Lane's annual message, ready; goes . to Council Wednesday. Page 10. Amanda Reed's heirs abandon fight to break will. Page 8. Bandit holds up woman; two masked thugs rob St. Johns man. Page 10. S. G. Reed denies that he Is a candidate for president of Commercial Club. Page 32. Onion growfrg look for better prices; rejolcs over defeat of buyers combination. rage 11. ' Features and Departments. Editorial. Page 6- Church announcements. Page 31. Claasined advertisements. Pages 17-23. When Russia loaned the United States. 500 sal lore, page &x. . Mr. Dooley. Page . George Ade's revised story. Paae 45. Outlaw horses that never can be trained. Page 43. Mo.t exalted of Government positions. Page Why American Jews are miccestjful.- Page 49, French Cuirassiers abollfched. Page 44. 'Help wanted;" America's cry. Page 42. Tallapus Indian legend, children's eupplHmcnt. The making of a successful wife. Page 49. Book Review?. Page 50. ; Social. Pages 26-27. Dramatic. Pages 3-4 -35 -Musical. Page 28. - i Houeenold and fashion?. Pages 48 and 47. THE LIFE OF A MODERN RAILWAY MAGNATE 12 M. ". eneral Clsmor About Car bhortBK Reaches . Him. no UE5T1 HDTLY DEBATED NorthernYersusoilth- - ern Democrats. MVM'S TYPICAL ORATION Accuses Roosevelt of Arousing Negro Hopes. PATTERSON ON OTHER SIDE Colorado Senator Defends Discharge of Xegro Troops and lias Wordj Combat VYllh Till am n, IVlllcll Makes Galleries Applaud. . WASHINGTON. Jan. 12. The Senate listened to a debate on trie race question today in which Tillman was the principal participant and Patterson of Colorado his opponent. They brought Into striking contrast the ideas of the South and .North. President Roosevelt's . action in the Brownsville matter? was the subject of discussion. - Tillman held that nothing was Involved in it except tta tm question, and that the Admlnlsfcrmtlon was responsible for the growlrrff' acute condition of the race question inf me South, Tte FTesIdent. 118 maintained, had encouraged the negro to a-aert his eQualttsr and then had wrought vengeanoa on a whole battalion for f ol- lowing tliat ' encouragement. He con- demned theL President's action in some re- ipercts. r Patterson) defended the President's right b dismiss fhe troops, but said there might be some gfound to Question its policy, lie condemhed in strong terns what he regarded a, tfte radical position of Till- man, and redlcted the extinction of the DemocratL party tn the Korcn would fol- low a conti nu&nce of such tactics. t.1Clll5ieJ four lours and v.au listened tlironya with great Interest by the 1 lr- T tilled the aralleries. by maxiy methbers of the House of Rep re- 1 'II . ' I t. .... 'i I , Stmiauveg H0 lUICd the Senate chamber. and by ma iy Senators. On several occa- aiona -f. the. callerles. had, to be warned against applause by the' Vice-President, who finaUy threatened to clear -them. No- aVtion taken on the resolution for ia.ii investigation of the Brownsville affray, but. Foraker gave notice that on Monday he would endeavor to have it dis posed, of. - ' ' Discharge Contrary to Law. SenatOfi-TUlmaj) characterized the Pres ident'. action in the. matter as "nothing more or less than lynching.'" Ho challenged anyone to produce, in the army regulations or articles of war, any foundation for the charge of conspiracy or silence, mutiny and treason made against the soldiers, although he declared there was no doubt that the soldiers were responsible for the "outrage at Browns- vllle." Mr. Tillman held that 'it was contrary to the fundamental principles of liberty of English and American law that the in- nocent should suffer because of the sins of the guilty; he also declared that a man shall be considered innocent until he is proved guilty. "In this case' he said, "167 rnen have been punished, while- not more than 20 men have been charged with particlpa- Hon in the crime." Mr. Tillman maintains that the negro .troops should not have been sent to Texas. They were sent there. he said, against the protects or one of the Texas -Senators and one Congrdssman from that district. This was done, 2hXr. Tillman explained, "without any thought or care pn thv part Of the President or Secretary of War as to the result. The first thought of the President was to protect the negroes and to punish the citizens by abandoning the post." Officers to Blame.. "Especially Major Penrose and Captain Macklln." .Mr. Tillman said, "are shown to have acted with areata negligence and incompetence." . Mr. Tillman declared all the soldiers in the trouble were from Macklln's company and that Macklin did not believe that a negro had seized Mrs. .Evans by the hair, and that he made no effort to detect the soldier. This, he thought, raised the ques tion as to whether or not Captain Mack- lln was in sympathy with the scheme of P. f. Indicted for Train Wraka Thrvusb InelTlclent -sual Bjftteiu. revenfe. Air. Tillman declared Senator Foraker had "belittled himself by attach ing Major filoksom as a man whose fath er was a copperhead. "Are we never to nave an end of the war and ,ts bitterness?" he asked. "It is useless to deny that the race question lies at the bottom of all this. It la equally useless to say these troops were not dis- Charged because they were negrcs. If the negroes had been treated the same way as white regulars were treated at Athens, Ohio, the civil authorities would have arrested those believed to be guilty and let the matter be decided in the courts. In that instance the War J-e- partmeht defended the regulars, alttioujli they had committed murder, and it was declared the troops were the wards of the Jation a very proper and right position Jo take. Whole Issue One of Race. "The whole issue is one ot race, and the Senator T. I. Patterson, of Colorado, iieniocnt, Who Oof ends llsciiars;e or Nffro Troopi President is primarily more responsible than any other man for the position the negroes in the South have taken on the question of Negro rights. He gave recog- mtton to Booker T. "Washington In a eo cial way., He did it knowing: he was lying in the face ox caste feeling among seventeen ml I! tons of Southern white men and against tha same feeling of two- thirds of the Northern people. Me does not. understand the negro or the deep and vital character of the Issue involved. He made' a mesa' of it In the first" instance and has made a worse mess of the last. "The attitude of the administration onv soctel riivjf.'t'o'.!) his been the cmt n great and notable change tn the demeanor of th negroes throughout the South, and tho greater question of relationship be- t'wefin the' races cannot be 'much longer Kept down.' c; -- After predicting: in: the near future a race connict, Mr. Tillman said; ; "Broadly stated. -the white people of the United' States are face to face with -the vital Issue as to whether alio Caucasian race shall' share its inheritance with the other races of the earth. ' In Cuba the Question presses for solution and. imme diate action. Shall that Island be gov erned by negroes or white, men? Shall it be doomed to the fate of San Domingo, or "shall . it he saved for the white man? The question ol a protectorate or.annex' atlon and of the future status of the peo. pie, there must be determined in the near future.' Tbat la only one phase of the question. ,,' . Same Issue on Pacific Coast. "On the Pacific Coast the relationship between the Mongolians and the Cau caslans is involved. The President an nounces -himself favoring the policy of absolute obliteration of the race line, the granting of full cltizenshb to the Japan ese. The Americans of the Pacific Coast. as I understand it. are hltterly opposed- to this policy, and without regard to party lines. These Americans ought to know what is for their best interests, and they ougbt to and undoubtedly will have the sympathy and aid ot their fellow citizens, North and South, in protecting- their In terests. "But these two phases of tne race problem sink Into insignificance alongside of the greater and more vital question of the relationship of the races in the South ern States of the Union. - . ,"In elx Southern States In ' the . aggre gate the negroes outnumber, the whites, and in two of them. South Carolina and Mississippi, the negroes' - preponderance lg very heavy. . "Under the law these people possess very right that white men have as far as the Federal Constitution confers rights and the fifteenth amendment expressly forb.ds the' enactment of a law which shall discriminate in voting- on account ol race or color. Large numbers ot these negroes 'are disfranchised at this time, but- the laws are only- temporary. and work no injustice, and in near future enough negroes will -be able to vote to make Inevitable the struggle for mastery between tho races.. In Cuba the color line (Concluded on Tage 4.) .S 1. rVf . Fuel tin W et. Famine Cove I r : n t I t j F l 1 0- H ! IMC TO UNITED STATES Surpasses All Move- merits of Nations. ISRAEL'S EXODUS MERE PIGMY Millions Drawn by Lure ol American Freedom. ALL BECOME AMERICANS As Many Italians In Xew .York af " "Ve-i. ice X m it. J ft rn nt? A-o it niti late Much wealth and .ltlain llislt Office. rt-T FREDERTCK J. Tt.PrtI?C. The whole vocabulary of mankind Contains no more alluring name than that - of America. This country has attracted more homehunters than ever went anywhere else since the world began. All the other migrations of men are . puny affairs in comparison with the movement to the United States; In fart, the grand totals of this unparalleled "trelc" to tlie land ot tli free, and the home of the brave are ;?o staggering that mere figures do not convey their full slsniflcance to the mind. Iset us make our similes with- out the aid of figures, There are more Jews in tht State of New York tiian were numbered among the hosts wlil on followed Moses from Egypt to the Promised Land. The man- ner tn which the subjects of the Kaiser have flocked to Yankeeland Is indlcat- ca by the fact that there are neatly 700 newspapers in this country which are printed In the German language. There are so many French Can ad I ana ill Lowell. Mass., that they hold the balance of power in tlie municipal elec tions of that busy manufacturing con- tcr. The Swedes are so ttilcK In the Northwest that a Minneapolis news paper recently offered the S31ble printed in Swedish bb a subscription premium, and there are so many Irishmen in New York: City that each year 40.0OO sons of rin march, in the parade on St. FatrlcK a Day. More Italians Than In Venice. "Thai the lure of America is not a myth is proven by the material condi tion" .of the 175,000 natives of Italy who now make their home in New York & colony in a single community Of the United States containing more Italians than there are in the City of . Venice. These New York Italians possess property worth $'30,000,000. They have over $15,000,000 in the sav ing banks of Manhattan. They own 10,000 stores, 4000 pieces of city real estate and they are Increasing their substance every day. At the last horse show held In Madison Square Garden, an occasion when the richest women of America vie with each oth er In flaunting their collection of jewel: the most resplendent ot them all was Miss Moroslni, the daughter of an Italian banker in Gotham. JVs sl rule it does not take Ions' for the foreigner to prosper in opulent America If you Inquire, in all likeli hood you wiiliind that your servant srlrl Is sending part of her wages to the home folks In Europe. The organ- grinder and the banana-man usually send a portion - of their nickels and dimes to dependent ones on the other side, and tje sum total from such. sources soon clmba into the millions. The enormous sums - groins from this country to Europe In this manner ar shown by the postofttce reports. Dur ing the last fiscal year the I'nlted States sent postal money orders abroad to the amount of $62,937,738. and Inas much as most business transactions are conducted through banks, tlie bulks of the money order receipts Is con- ceded to be personal remittances. Italians send more money home than any other class of adopted Americans. Last year they snt to their families and friends in Italy and to the Italian savings banks for deposit, over 913,- (Concluded on page S.) A 1. M-- Suprem CoaK IJ.m1 e His Great BUUon-Uullar .Merger. A Rffl