THE SUNDAY OREGOXIAX, PORTLAND, MAY IT, I908. JURY TO PROBE, ALLEGED FRAUDS EXCITING GAME OF STEAMBOAT RACING REVIVED THIS SEASON ON THE COLUMBIA RIVER Federal Prosecutors Will In vestigate Filings Made on Land in Umatilla. PROMINENT MEN INVOLVED 6 ' ', i '-' ' Colonel James H. Haley Is Among Those Connected With Transac tion Now. In the Limelight. . Other Work for the Jurors. At the request of United States At torney McCourt in the Federal Court yesterday. Judge Wolverton' ordered a grand jury convened Monday, May 25, for the 'purpose n' investigating al leged land frauds in Umatilla County by which about 25.000 acres of valuable land are said to have been acquired unlawfully. The alleged frauds may involve Colonel James H. Ealey, a prominent Pendleton attorney, and sev eral wealthy stockmen of Eastern Ore gon, who are said to have profited from the irregular acquisition of the lands. While the transaction from which the pending investigation has resulted took place In 1902. the alleged frauds have been kept alive legally by acts held to constitute a continuing conspiracy, so that the statute of limitations has not run against the offenses. It was neces sary, however, that a grand Jury be assembled at this time for the reason that otherwise the statutory three years, within which prosecutions must be commenced, would soon expire. The pending investigation has to do with lands that were included orig inally In the L'matllla Indian Reserva tion. In 1885 Congress passed an act providing for an allotment of these lands to the Indians on the Umatilla Reservation and at the - same time authorized the sale of the lands to the highest bidder at La Grande at not less than their appraised value. An appraised value was placed on the lands by a commission and in 1891 'the law directing the sale of the lands was amended so as to make Pendleton the place of sale. The sale was conducted and the best of the tracts were pur chased, about 25.000 acres of grazing and inferior timber lands remaining unsold. Act Passed by Congress. Much of the unsold land was de sirable for grazing, while some was adaptable to farming. Large numbers of settlers located on the land as squatters and proceeded to improve their holdings by constructing fences and cultivating the land until the time arrived when they might purchase it from the Government. Following the renewed petitions of settlers. Congress, in July 1902, passed an act authorizing the sale of the lands which had not been sold at the first sale. It was provided in the act that the land should be sold in the order of the fil ings made, provision being made that bona fide settlers with improvements on the lands should be given an oppor tunity to file on tho tracts upon which they had squatted. The act also speci fied that the land was to be bought for the exclusive use and benefit of the Hctual purchaser and not at the so licitation of any other person. It was at this time that evidences of fraud are said to have developed. Some time after the filings had been made it was discovered that the greater part of them had been made In the interest of a few persons, principally wealthy stock men. The connection of Colonel Haley with the alleged frauds Is said to have begun at this time, when he appeared as attorney for a majority of the settlers. The relation of Raley with the filings was purely that of an attorney for the settlers, but it is said the Investigation that has been made by the Government uthorities has disclosed that many of the filings were illegal and implicated prominent Pendleton and Umatilla Coun ty citizens. Convinced that the disposition of the lands was not In conformity with the act authorizing their , sale, the Interior De partment directed an investigation which was made by Edward W. Dixon, L. D. Jones and J. H. Alexander, special agents of the land department. This Investiga tion was begun in 1906 and was not con cluded until May. 190". the special agents having gathered considerable evidence indicating irregularity on the part of the settlers in tiling on the tracts. The sus picions of the Government officials that the transactions were crooked were in creased following the investigation by the special agents when a great many of the original settlers hurriedly relin quished their claims to the Government. Sought to Connect Fulton. It was In connection with these al leged frauds that the political enemies of Senator Fulton for some time sought to have an official Inquiry made by a grand jury fully two year ago. They asserted that the Senator was indirectly connected with the scheme by which the lands were acquired fraudulently by a coterie of wealthy Umatilla residents. It was charged of Fulton that he was in duced by the parties to the deal to have removed from the law the clause requir ing actual residence on the land by the settlers as a .necessary qualification be fore final proof could be made and pat ent Issue for the lands. For that purpose It is averred that Fulton was invited to visit Pendleton and Inspect the lands before proposing the amendment to the law. The Senator was shown over a portion of the least desirable and non-cultivable tracts for the purpose of demonstrating to him that the lands were barren and of no value except for grazing. Following his return to Washington, it is charged that Fulton caused the - elimination of the residence and cultivation clause from the law. thereby In effect expediting the al leged unlawful seizure of the lands. Mr. McCourt would not discuss any phase of the case yesterday: nor would he . reveal what the reports of the Govern ment's special agents contained, but It Is inferred that the facts are considered of sufficient important to submit for the consideration of a grand jury, inasmuch as that Is the specific purpose for which that Inquisitorial body has been called. However, when the grand jury has been convened, it is assured that its In vestigations miU not be confined to. the Umatilla land frauds. Complaint has been made to the United States Attor ney's office respecting the manner in which public lands were filed on re cently in Southern Oregon. It Is charged by actual settlers on these lands that when the tracts were thrown open ' to settlement their preference right to file on the land within 60 days was disregarded and the land officials received the filings of others, whom. It is alleged, filed on the land as timber; stone and lieu land In the Interest of .other parties and In violation of the " isw. Still another alleged fraud In connec tion with land affairs that undoubtedly 5 . . . . I W-If I I A IN III - c wssss III : ... .r-,; I B S fd?i: I Mm-niMii 1 Vgjy- . : -L : vsssKiiimmK. " ' .all HiJ44J.. ' , -v III if . If? - ;-k:-,--as4 Wis ktJ-. :.,.--1 S I i r-rf. H . J: ,A.. . . r-TZSlw ' .vJtv.. :T--v.-r..;..;iN-.'-- '------ . . f ' A will be called to the attention of the grand jury, is the operation of numer ous agents throughout the state, and particularly in Southern Oregon, who have been accepting fees for locating people on land included within the Oregon & California (Southern Pacific) land grant. In their operations, these agents are said to have violated the' postal regulations In that they used the mails in furtherance of their scheme by which intending settlers have been mulcted out of from 10 to $100 each, as a preliminary fee to filing on a quarter section of this land. In their literature these men used strong lan guage tending to convince their pros pective victim that he would gain- a special advantage by dealing with the author of the letter. i Under instructions of Judge "Wolver ton,' Clerk Cannon drew from the Jury box a list of names from which a grand jury of 23 persons will- be -selected when the venire reports in court at 2 o'clock Monday afternoon. May 25. The list of jurors selected follows: C.J B. Allen, Astoria; W. A. Alcorn, Linn ton; R. C. Arnold, Looking Glass, Douglas County; John Applegate. Yon calla, Douglas County: Henry F. Bedwell, North Yamhill; J. T. Beckwith, Jefferson, Marlon County; L. Q. Bower, Silverton; R. E. Butler, Boyd, Wascd County; John M. Bristol, Portland; J. - L. -Barngrover. Cornelius, Washington County; W. I. Coleman, Hadleyville. Lann County; Will iam Cornelius, Walton, Lane County ; P. Christensen, Portland; John B. Coffey, Portland; John Cornelius, Green ville, Washington County; Win ford C. Campbell, Portland: Frank Campo, Bar low, Clackamas County; William M. Dan iels, Portland; Pitt A. Eddy, Portland; Loran Edwards, Junction, Lane County; N. Eastabrooks, Portland; F. C. Forbes. Portland; G. W. Fuller, Corvallis; H. S. Furman, Eugene; F; M. Grainger, Ash land; William F. Gilkey. Dayton; M. Gor man, Lebanon; G. W. Gage. Dillard; W. H. Grabenhorst, Salem: W. A. Gel latly. Wren, Benton County; D. W. Hun ter, Roseburg; Joseph M. Healy, Port land J. W. Huffman, Mayger, Columbia County; M.- F. Hanley, Central Point. Jackson County; Nathan harwood, Eu gene; D. C. Holt, Harrisbtirg; John Hood, Albany; Gus P. Keller, Portland; H. D. Klum, Sodaville, Linn County; S. M. Kelly, Roseburg; H. A. Kinnison, Baker City; Heughey Lynch, Telocaset,- Union County; J. W. Lytle, Island City. Union County; I. A. Merriman, Medford; v John A. McBrfde. Shedd, Linn County; A. I. Mason, Hood River; H. G. Nicholson, Medford; J. W. Pugh. Shedd, Linn Coun ty; J. O. Paup. West Portland; Delmar Perkins, Carlton, Yamhill County; John J. Rowley, Dayton;" C. H. Southern, Boyd, Wasco County; Jessie Sovern, Junction, Lane County; Ira B. Sturgiss, Baker City; August Vitus, Springfield. Lane County; Thomas Viggers, Riverdale, Multnomah County: John Wither, Lebanon: L. E. Ward. Lorane, Lane County; E. M. War ren, Coburg, Lane County; W. O. Zeigler, Eugene. SELL GROUND TO BUILD Board AVould Dispose or Old 'Williams-Avenue School. ' The North East Sida Improvement Association Friday night discussed in formally the condition of he Williams avenue schoolhouse. It w;rs announced that the Board of Education, would not be able to replace the structure this year unless the site was sold for $65. 000, as estimates for new buildings have been made and cannot ba in creased. ' 1 The association accepted an invita tion to attend the banquet to be given by the United East Side Clubs at "the Sargent Hotel, May !6. and will be represented on the programme by M. G. Munly. Secretary L. K. Sauvie has the arrangements for tho delegation In hand. It is expected about 15 will attend from this club. T. L. Adams announced that the Board of Education had given permis sion for the erection of a band stand on the tVilliams-avenuc'school ground, and another will probably be 'erected on the athletic grounds on Williams avenue and Morris street.' so that por tion of the city will have public con certs during the Summer months. Hau ley lYiend of Varsity.' L, EUGENE. Or.. May 16. (Special.) Con gressman Willis Hawley. of the First District, has sent the following telegram to Lewis R. Alderman, president of the University of Oregon Alumni: ' - Wahlnton. t. o.. May 13. "ISOST I,. R. Alderman. Ruftene. Or. I regwrd maintenance of States I'nlversity at hlnh standard es?ntial to welfare of state, and will vote for appropriation if In OrpRon at election. ISiRnedl W. I HAWL.EY. Eye Giaases J1.00 at .etzgera. H&uan saoes at Koaentau'a. - tr -t -w STEAMERS BAILEY GATZERT AND CHARLES R. SPENCER RACING IVEAJt YANCOL'VER BRIDGE, MAY . STEAMBOAT racing on tho Columbia River has been revived with the opening of the present season and the old-time rivalry between steamers operating on the lower and middle rivers is again in evidence. For a number of years. Captain E. W. Spencer has boasted of owning the fastest stern-wheel steamboat on the river. Last season there were many lively goes between the Charles R. Spencer, the Telephone, Telegraph and the old Bairey Gatzert. The end of the excursion season saw the situation unchanged. Spencer still held out that his boat was the fastest. Captain Cochrane held that the Telephone could beat anything afloat in the stern-wheel class. Captain Scott only smiled and "allowed that he would In at the fin ish with any of 'cm." The old Gatzert laid no claims to speed and kept away. With the opening of the present sea son came a change. The Bailey Gatzert was rebuilt, her hull lengthened, new engines installed and everything possi ble done to make her a fast boat. Cap tain Spencer overhauled his craft, braced her up aft, lined the engines up and covered the bottom with French enamel-paint. boats placed on a daily schedule be tween Portland and The Dalles, and Monday morning, May 3, saw. a lively brush between the two boats. Be tween Portland and Vancouver there was no loafing. - The Spencer landed at the Vancouver dock half a boat length ahead. The big race was three days later. Captains, engineers, firemen, deck hands, passengers and cabin boys of each craft were properly tuned up for the event, which all knew was to be pulled off. The boats pulled out from their respective docks at 7 o'clock. The Spencer led through the harbor, both vessels running under a double jingle (very slow). From the flour mill, which marks the lower harbor limit the engineer of each craft got a bell to hook on and the fun commenced. To Vancouver the race was a neck and neck affair. Down the Willamette, past the new railroad bridge at St. John, past Linncon and into the Colum bia the two fastest stern-wheel boats in existence plowed through the water at a speed of more than 20 miles an hour. "Here they come" was the shout that went up from the people gathered on the Columbia-river bridge and those on the dock at Vancouver. "Five on the Spencer, shouted an enthusiast. "Taken." "Go you double the amount," yelled a third. The bet was promptly taken and in terest was redoubled in the race. In making the swing around Nigger Tom's light the Spencer was on thfc Oregon side and gained a boat's length at that point. Slowly the Gatzert crawled up until the boats were again neck and neck. These positions were maintained until the bridge was reached, when the Gatzert took a spurt and forgwd half a length ahead, fehe hit the Vancouver dock several feet The opening of this month saw both 1 in advance of the Spencer. SEASON OPENS AT DAKS MAM" XEff ATTRACTIONS ' AMCSEMEXT RESORT. AT Airdrome to Seat 2000 People Has Been Erected in Beautiful Park on the Willamette. ' Ballad of the picnic person: Hi Jinks was rather nimble, At dancing he was fine And be it waltz or two-strp. Hi Jinks waj richt in line. When business carus were over And -worries turned to jokes, Said HI, "We'll take a trolley. They've opened up The Oaks." We know it's Summer now, because The Oaks has opened for the season. Otherwise, it would appear like March to the average citizen. This favorite playground for Portland people has begun its annual work of entertain ment and will continue to amuse until October. "The resort was opened earlier than usual this year because the gates will be closed a little earlier next Fall. The local Luna Park will close its sea son October 1. Yesterday was not all that could be desired by the management in the way of an opening day. Intermittent show ers prevented the people who were on hand from enjoying many of the Sum mertime amusements provided at the park by Manager D. C. Freeman. The fireworks scheduled for last night were postponed until Monday night. The rain prevented the operation of many of the star attractions, such as the Figure Eight and the Tickler. The latter is one of the best things in the way of a novelty for pleasure-seekers that Portland people have seen. It promises to eclipse the exciting Figure Eight in public favor, and is one of the latest Eastern amusement enterprises. The name does not describe the stunt. Passengers seat themselves in circular cars, which are hauled up an incline and sent ricochetting down a tortuous passage back to the starting point. But in spite of the unfavorable weather conditions for opening day, iruiny people visited The Oaks yester day and last night. All admired the beautiful grounds, which present a far handsomer appearance than ever be fore. The lawns are perfect green vel vet and the shrubbery was never so handsome. Many thousands of native rhododendrons . have been set out that are just coming into bloom. Dining the coming week the blossoms will be handsome and will he well worth a visit to the park. Many roses have been set out during the past Winter and these, too. are Just coming into bloom. The giant oaks," from which the park got its name, are fully leaved out and were never so attractive. Improvements have been made in the arrangement of nearly all the attrac tions at the resort. The Alrdome, the new theater, will seat from 2030 to :"00 people, who will be' housed from both rain and sun by a mammoth can vas roof. Workmen are now putting on this covering. The place has been partially enclosed, so that the illusions of the theater will be stronger than could be obtained if the place were left outdoors as last season. The opening concert will be given in the Airdome this afternoon by Rainer's Tyrolean Singers and Dancers. Later in the sea son there will be symphony concerts in the Airdome on afternoons only, while-at night musical comedy will be put on. Perhaps the star attraction for this week is Harry Breton in his daring auto drive, in which he comes down an incline 50 feet high and leaps a gap 45 feet wide. The incline is a 45 per cent grade and the speed of the dare devil rider is calculated at a mile a minute when his machine flics through the air. He has been injured a num ber of times, but still sticks to his dangerous vocation. There are innumerable minor attrac tions at the park, many of which the thousands who have visited the place in former years will remember. There are enough new ones, however, to .prove strong drawing cards to Port landcrs who want to get away from the city for a little while tp rest in the shade of the giant oaks, where the refreshing river breezes drive away the cares of business. A little sunshine was all that Man ager Freeman wanted' yesterday. The occasional showers were not suited to the outdoor amusement features. Just I I Toothache Gum not only stop I tonthnrhr instant ly, bat deans the i cavity, removes an j odor, and prevent j decay. Keep a sup- j . , .,-,. piy ana save many H A Jiw Affair. i dentist bill. i There are Imltationa. See that yon gat i H Beat Toothache taak ! At all droggitu, 15 cent, or by mail. 1 1 Dent's Cora Gam cEfiTtf i p " C. S. DENT 4 CO.. Detroit, Miea. j as soon as the sun shines again. The Oaks will undoubtedly be-crowded; The resort was in far better shape yester day than it was on last year's opening day. Seattle Makes War on Hies. SEATTLE, Wash., May 16. War has been declared on. flies and mosquitoes by the city health department force. Dr. J. E. Crichton, health commissioner, the first of next week will head a squad of health office men in Investi gation of the city for fly and mosquito breeding places. The force will be most active in and around stables. Pools will be filled in or the sur faces covered with oil. Dr. Crichton has asked the aid of housewives in the campaign, and later on a campaign of education will be waged by the health department to show how great Is the danger. Tests will be made and photographs will be taken. This will show, he asserts, that the fly is one of the greatest spreaders of disease germs. RATES WILL BB MADB THIS SEASON OI TBI 0. R. 8 N. HERN SOUT PACIFIC (LINES IN OREGON) Erom PORTLAND Tt AS FOLLOWS: One Way Direct California Chicago $72.50 $87.50 St. Louis . . .: 67.50 82.50 St. Paul 63.15 81.75 Omaha 60.00 75.00 Kansas City. 60.00 75.0Q TICKETS WILL BB ON SALS ' May 18 June 5, 6, 19, 20 July 6, 7,22, 23 August 6, 7, 21, 22 Good for return In 90 days with at op ova . prtvlleg-ea at pleaaura within limits. REMEMBER THE DATES For any further Information call at th City Ticket Office. 2d and Waahlnctom St. Or write to WM. McMURRAY General Passenger A rent. PORTLAND. OREGON. fsr sunset -n O 0CDEN&SHASTA) .1 Up rcp JO from the correspondence of "Uncle Sam" Ward and Peter Force, the historian. The top figure, $76, was paid for an im portant Civil War letter of General U. S. Grant, dated April 4, 1S65, only a few days previous to the surrender of Gen eral R. El Lee. The next highest price of the sale was $ii4 for a parole to a Southerner signed by President Lincoln and dated "Executive Mansion, Washington, Oct. 17, 1S64." A particularly Interesting letter of Brown ing telling how he came to write his fam ous "Ride From Ghent to Aix," fetched $50. High Prices for Autographs. NEW YORK, May 16. High ruled In the sale of autograph prices letters Contltfn Farmers Kejolce. CONDON. Or., May 16. (Special.) Rain began falling here Thursday and con tinued all night, turning to snow toward morning. Friday morning there was two inches of snow. The precipitation amounts to .S3 of an inch. There is great rejoicing among the farmers at the break ing of the long continued dry sncM. Watch the "Fleet" From North Head $3.00 ROUND TRIP ON THE 0. R. N. CO'S FAST STEAMER T. J. POTTER From Portland, Tuesday Evening at Eight o'Clock ' The now famous "Battleship Fleet" will be off the mouth of the Columbia River about noon Wednesday, May 20th. From North Head, on the Washington side, at an elevation of over one thou sand feet; sheer above the ocean the progress and maneuvers of this mighty array of Nayal splendor can be followed for many miles. Is not this unobstructed and commanding view of our united squadrons worth a holiday trip to the coast? The fast, luxurious and popular steamer T. J. Potter will carry an excursion J from Portland to North Head on the following schedule: Leave Portland Tuesday, May 19, at 8:00 P. M. Leave Astoria Wednesday, May 20, at 7:30 A. M. Arrive Ilwaco Wednesday, May 20, at 3:00 P. M. RETURNING Leave Ilwaco Wednesday, May 20, at . .3:00 P. M. Arrive Portland We 'nday, May 20, at 11:30 P. M. Call for tickets and full information at the City Ticket Office, Third and Washington streets. WM. M 'MURRAY, General Passenger Agent.