The Sunday Oregonian. (Portland, Ore.) 1881-current, May 17, 1908, SECTION FOUR, Page 6, Image 42

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Federal Prosecutors Will In
vestigate Filings Made on
Land in Umatilla.
' ', 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
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
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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,
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
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
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
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
"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
"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.
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
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
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
0. R. 8 N.
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
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.
For any further Information call at th
City Ticket Office. 2d and Waahlnctom St.
Or write to
General Passenger A rent.
fsr sunset -n
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
High Prices for Autographs.
NEW YORK, May 16. High
ruled In the sale of autograph
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
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
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.
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.