TTIE SUNDAY OREGONIAN, PORTLAND, DECEMBER 1?, 1911. "
VANCOUVER IS
Ofl DEFENSE' NOW
Some Citizens Declare Report
of Inspection Bureau Is
Mistake.
REBUKE IS ADMINISTERED
P. K. C'raodall Tikn Slrtnuoin Fx
rrpilon to Published Statement
flty's Balnm Methods Loose.
Treasurer Paid $SS Monthly.
VANCOUVER. Wash.. Dec. IT. (Spe
cial ) The rrik to Vancouver about
Her method of bookkeeping, aa reported
from Olympia from the report of tha
State Bureau of Inspection, haa atlrred
up no little tnutlon In thla city. Soma
believe that the report la merited, while
others say there must be aoma mistake.
It la cited that the street Improve
ments, reld aa liabilities la the report,
are not such, but are liens against the
property, held by the contractors. In
some ca.es the assessment la paid at
once, while In the majority of caaes.
the propertyowner tastes the full 10
yeara allowed to pay his assessment.
Even the cross streets are paid for by
tne proper! yowners and not by the city.
I. K. Crandall. who was appointed
cliy treasurer upon Andrew R. Mun-
ger's resignation, concerning the pub'
Iisfced report, said:
Work af Office Illtrerrat Jim.
"The report published pertains to the
office for a few years back. I think.
At the present time an accurate ac
count Is kept In ledger form for every
payment of every kind that Is made.
Thla has been through Mr. Munger's
torra of office and throuKh mine.
Tlie development of the city treas
urer comes by decrees. When the city
aa first Incorporated, there were few
Improvements made, so the treasurer
had almost no work, and the accounta
were kept any old way. and no special
account waa kept.
"Though each treasurer haa had to
Improve and had more books to be kept
to cover the work, the books at tn
present time are not at all adequate.
However, the conditions are not as rep
resented In the report from Olympla.
When the representative of the board
was here he tld nie that he would
Rive me a good report to his superior
on the work I had done under difficul
ties. '
Office Paya r a Moatk.
"The city peys but 125 a month for
the office of City Treasurer, which Is
not at all In accord with the amount of
work required. I am under 115.000
bonds. It was for thla reason that I
was not a candidate for the offl- . I
would not undertake to do tha work for
less than $1"0 or $1-5 a month at tha
very least.
"I believ that the office of City
Treasurer should be paid In accordance
with the amount of work done. The
work will take" all of one man s time,
and ha sbould bs raid for his work
commensurate with his duties."
When Willard Clark, of the Bureau
was hare he recommended that tha
office- of City Treasurer be enlarged
and that one roan be secured to give
his entire service and to pay him for
his work In accordance- with his duties.
publicity work that ia being done by
his special representative with the
Weatern Governors' special. J. E.
Barnes, secretary of the Southwest
Washing-ton Development League. Tha
letter states that Washington is being
widely advertised In tha East by rea
son of air. Barnes' activities and that
thla state will derive great benefit
from the advertising It la receiving.
The tetter is as follows:
"Before concluding the trip of tha
Western Governors' special, we wish
to extend to the State of Washington
and Its commercial organisations our
congratulations on the magnificent
work done on their behalf by J. K
Barnes, the personal representative of
Governor M. E. Hay. Mr. Barnes hat
addressed many distinguished audien
ces, alway with good effect, and has
brought the opportunities and products
of Washington before vhe best people
oi me tact in a way which will bring
to your state untold benefit In future
yeara He has succeeded In getting
as much publicity for the state as could
have possibly been expected under any
circumstances. The universal testimony
of all with whom he has come In con-
TOWNSEHD TELLS
GOVERNMENT PLAN
Full Explanation of Policy and
Purposes in Land-Grant
Suit Given.
FIONTER BCSrNESS MAN OF PF.X
DLETO.V BI RltD LAST WEEK.
V) A BOkN IX xVNGLAXQ.
' - ,. v . ;" i t
i "V
H U:. ... 1 1
if VN j r.N-i
fcniV Jmiah. J -riaiW- mrt . WA til j
S Wesley I. Kl etcher. .
MULTIPLICITY IS AVOIDED
PENDLETON'. Or.. DC. 11
(Special. Wesley D. Fletcher, burled
this Wfrk, was on of tha pioneer
business men of Pendleton, ha vine
been closely Identified with her bust
nesa activities for more than a quar
ter of a century.
Born in England T7 years aito. ba
cam to Canada with his parents at
an early aire. While still a younc
man ha vet tied In New York State,
where ba remained until he came to
California with tha cold rush of
of '49. In 1SS4 ha brcrairht hla fam
ily to Pendleton. In addition to con
ductlnc Jewelry store bera for many
years, he opened tha city's first
music store, was tha first manager
of Pendleton's first theater, which
position ha held for ten years. He
was also a musician of considerable
ability and for several yeara waa
leader of Pendleton a famous boy
band."
He la survived by two children.' R.
W. Fletcher, of Pendleton, and Mrs.
Clyde Finch, of Walla Walla.
tact Is that the Western Governors'
special la the greate-t thing- that was
ever done for the west. James H
Brady. president; Relily Atkinson,
manager.
NEW OEPOT DEMANDED
TILLAMOOK PORT CASE ON
Judc? Benson Takes Matter Under
Ad rlcn sent; Pex-bdon Not Soon.
TILLAMOOK. Or . rec. 1. (Special.)
Tha Port of Tillamook case waa
tried befora Judge Benson today and
reused some Interest amona tha farm
ers who subscribed money to fight tha
port. Attorney Dunlway represented
the farmers, who contended that the
original fort of Tillamook, created by
the atate Legislature, had not been dis
solved and consequently tha present
port was an Illegal bod.
Tha Port's case waa handled by At
torney Ilotts, president of tha present
port, who showed, to the contrary, that
the old port waa out of existence. Mr.
Dunlway also raised tha question of tha
constitutionality of the port law.
Jurtse Benson took the ease under
advisement and It will be several weeks
before a derision Is given out. when
It will be appealed to the Supreme
Court.
Wl LLAMI X A COCXCIL issi-es
WARNING TO RAILROAD.
IRRIGATION REPORT MADE
Powder Klvcr tiive Krrtiltty to
10T.05 Acre.
SALKM. Or.. Dec. J. (Special.) Ac
cording to a compilation Just completed
by State Knglneer Lewis. Powder River
ar.d Its tributaries Irrigate 107.05
acres, the land being watered by 71
ditches having a length of SaO miles.
Raker County, according to thla show
ing, embraces one-etxth of the ifie.lSt
acres of irriKated land In the atate.
of the (taker land. Eagle alley la
th must hlffMy developed, having 8t0
Irrigated acres. Krm Thief Valley to
Snake River are ;.5i irrigated acres;
from Salisbury to TMef Valley. SSSS
acres Irrigated by North Powder F.lver,
along which Il.Ml acres are being Ir
rigated.
In Sumpter Valley above Salisbury
are 4710 Irrigated htm.
Owners of Line Accused by Citisen
of Infalruess In Cse of Fran
chise In Streets.
SHERIDAN. Or.. Dec, (Special.)
The Wlllamlna City Council haa
unanimously Indorsed a resolution In
troduced by tha Mayor demanding- that
the Sheridan A Wlllamlna Railroad
Company build a new station at Wll
lamlna. An Immediate reply Is de
manded from tha railroad company. -
Tba Wlllamlna Councilman further
declare that tha new atatlon must ba
completed within a period of not longer
than 90 days. The railroad company
la not only enjoined, but commanded
to build new crosswalks over all tha
atreeta where tha tracks Intercept,
these to be finished at once.
The radical action of the Wlllamlna
City Council grows out of a host of
petty altercations which nave occurred
since tha building of the Sheridan &
Wlllamlna Railroad and tha Wlllamlna
cltlsens declare that the railroad com
pany has never shown good faith in
keeping Its contract with the city.
Money was even subscribed by
popular solicitation among the people
of Wlllamlna at one time this Summer,
toe funda of which were to be used
for the erection of a new depot. The
Sheridan ft Wlllamlna road la a pri
vate one, being owned by the Wll
lamlna brick plant.
TORPEDO DEVICE INVENTED
lohn Haja Hammond, Jr., Has Plan
to Control Them by Wlrelees.
NEW HAVEN". Conn.. Dec. 1. John
Hays Hammond, Jr.. son of the well
known enatneer. and a recent graduate
of Ya'.e. has successfully completed a
series of experiments with an apparat
us for the wireless control of marina
torpedoes. Tha device is expected to
prove of wide usefulness In time of
war. enabling a shore station to guide
and r. re powerful torpedoes at ranges
irc-m one to seven mlies.
The experiments were conducted at
' the Hammond countrv place, near Glou
cester. Mass. Young Hammond haa pat
ents pending for his Invention, the
claim being for control of any form
cf vessel in tha water or air.
WEST IS WELL ADVERTISED
Work of Governor Hay's Representa
tive With "Special" Is landed.
OLTMPIA. Wash., Dec. 1 (Spe
cial.) Governor Hay has received a
letter from James B. Brady, president
of tha Northwest Development Asso
ciation, and Reilly Atkinson, manager,
xongratulatlcg tlm on tha excellent
REAL ESTATE MAN ACCUSED
Dolae Sheriff Makes Arrest on Sum
mons From Illinois City.
BOISE. Idaho. Dec It. (Special.)
A sensation waa sprung tn business
circles here today when 8. T. Schrelber.
a real estate man, waa arrested on a
charge of embesslement preferred
against him In his former home. Roc k
ford. Ill- '
Schrelber declares that his arrest Is
the result of a political conspiracy on
'the part of his enemiea In Illinois.
"I will not fight requisition if the
Illinois officers come here to take me
back. aaid Schrelber. "I am confident I
that I can clear myself and prove that
my arrest t this time la caused by
former political enemies of mine in
Rockford."
Schreiber's arrest was made by Sher
iff Roberts here, who received tele
graphies authority from tha official at
Rockford. Schrelber will ba held pend.
Ing tha arrival of tha Sheriff from
there.
Nine T.lnn Couples Divorced.
ALBANY. Or.. Dec. 1. (Special.)
Nine matrimonial ttea were severed
here this week in tha adjourned term
of Circuit Court which Judge Gailoway
completed at noon today. Decrees of
divorce were entered in the following
casas: James McCart vs. Mary McCart;
Martha A. Newman vs. George New.
man; Barbara Darlla va Byron E Dar
iln; Isaac Brown vs. Charlotte Brawn;
Anna Beil Ward vs E- C Ward; Emma
E. Banks vs. William Banks; Jamea I
Waltera vs. Cordelia Walters: Charlea
H. Morris vs. Orara D. Morris, and
Lula Pugh vs. J. T. Pugh.
Rent a used piano, Stelnway, Check
ering. Mason A Hamlin. 93 per month.
Kohler Chase, 176 Washington au
Determination finally Made to At
tempt to Forfeit to Prosecutor '
That Part of Oregon & Califor
nia Grant Held by Company.
ALBANY, Or, Dec 1. (Special.)
Testifying In tha trial of tha case of
William George vs! the Curtlss Lumber
Company In the State Circuit Court
here yesterday afternoon. B. D. Town
send, special Assistant Attorney-General
of the United States in charge of
the Government suits for tha forfeiture
of the Oregon ft California Railroad
land grant, gave publicly for tha first
time a full explanation of tha policy
and purposes of tha Government in
these suits.
He related the reasons why the Gov
ernment attacked the larger holdings
of this grant and did not attempt to
cause the forfeiture of the smaller'
holdinga, and his testimony Is of great
import as an official statement of the
Government's policy In relation to the
titles to this big land grant of 3.100.000
acres of Western Oregon land, espe
cially to the 375,000 acrea of the grant
not actually attacked In the Govern
ment suits. Thla is by far the most
valuable part of the grant, lying aa It
does In the Willamette Valley and ad
jacent to it, and Including parts of
two cities and hundreds of acrea of
improved, well-settled farming land.
Detailed Kxplanatlon Given.
In this case the title to that part
of the grant not directly Involved in
the Government auita for forfeiture Is
attacked for the first time, and the
Government prosecutor waa called as a
witness to explain the assurances of
officials of the Department of Justice
regarding the Immunity of this portion
of the grant from attack in later Gov
ernment forfeiture auita. Mr. Town
send went Into this matter in detail,
reciting a history of the events which
led up to the Government's action and
Incidentally made public for the first
time a controversy between himself and
Tracy C Becker, who waa also a spe
cial representative of the Department
of Justice in the Institution of these
cases, regarding the method to be pur
sued. This controversy, he explained,
waa carried on between Becker and
himself In reporta to the Attorney-General
of the United States and resulted
tn shaping the Government's policy In
these cases.
Mr. Townaend said that to avoid a
multiplicity of auita It was necessary
to draw tha line somewhere In Insti
tuting this litigation, and that It was
finally determined to attempt to for
feit to the Government that part of
the grant still held by the railroad
company and that portion which had
been aold by the company In tracts
of 1000 acrea or more. He explained
the policy of this matter by saying it
made not only a definite and convenient
line upon which to work, but that the
Government officials felt that by at
tacking the small holdings, which are
well-settled. Improved land, they would
cause more public harm than good.
. K Mora Forfeiture Salts.
Mr. Townsend also aaid that It Is
tha well-denned policy of Attorney-
General Wlckersham and the Officials
of the-Department of Justice that these
small holdings will never be disturbed.
He said that no mora suits for for
felture would he instituted to follow
those now pending. He said on cross-
examination by the attorneys that, of
course, he could not bind the Govern
ment, but that while he would make
no statement which could be construed
aa a waiver of any breach of the rail
road company in relation to the grant.
he believed the small holdings would
never be attacked.
After answering a number of ques
tlons of Attorney W. 8. Burnett,' of 8an
Francisco, one of defendant's attorneys,
when he was first called to the stand.
regarding the attitude of the Govern
ment toward that portion of tha big
grant not involved In the Government
suits, Mr. Townsend said that tne only
way he could explain the situation
would be by a statement of the facts
leading up to a determination of the
Government's course in the institution
of the suits and of the policy and pur
poses of the Government in these auita.
and then, at the request of the attor
neys, he made a full statement.
He said In part:
'Eliminating details as much as I
ran and at the same lime giving you a
complete answer, I will say that In the
Summer of 190i I was detailed rrom
North Dakota, where I was then Assist
ant United States Attorney, to come to
Oregon, to institute a suit in equity.
My instructions were by wire, and
that waa the extent of my Instructions
with the further statement that mall
would await me at Portland. When I
came to Portland, I found letters from
the Attorney-General containing some
general Information with reference to
he Oregon ft California land grant and
with Instructions to prepare a bill In
equity, but there had keen no Investi
gation of the subject, there was no in
formation that would enable me to pre
pare a bill In equity, so I sent for help
and spent that Summer until nearly
the Vlme that Congress met gathering
the necessary evidence and facta to
present the subject to Congress.
"I became convinced that the restric
tions upon the sale of the granted lands
constituted a condition subsequent, and
that the remedies of the United States
were the remedies of the grantor, under
the conditions of tha grant. I likewise
became convinced that the Constitution
committed to Congress the exclusive
right to dispose of the public domain;
that Congress, only, could exercise the
rights of the United States, the United
States being the proprietor of the pub
lic domain, therefore we would have
to have Congressional authority before
commencing suits claiming forfeiture.
A resolution was Introduced and came
before the committee of both branches
of Congress, before the Judiciary committee-
In the Senate and the public
lards committee "In the House. The
Attorney-General designated me to pre
sent the question before those two com.
mittees. Tha subject waa under con
sideration for three or four months and
quite extensive hearings were had be
fore tba public lands committee of tha
House.
Sole Obetaele Pointed; '
"The only obstacle in tha way of tha
adaption of ts resolution was the ef
fort on the part of those who had pur
chased landsln quantities greater than
HO acres to secure a confirmation of
their titles. Now you can see the po
sition that we were placed In. While
personally I had no objection to tha
conf Irmatlrfn of all sales that had been
made by the railroad company, still if
iONDS
Our Company has
established a Bond
Department and is in
the market for sub-,
stantial issues of Mu
nicipal and School
Bonds.
"We will consider
well secured Improve
ment Bonds.
Correspondence so
licited concerning
contemplated issues.
Bond Department
MERCHANTS
SAVINGS & TRUST
COMPANY
Sixth and Washington
Streets
Use Ciils F
Men
From A Man's Shop
Gloves
Dent's Fownes' and Per
rin's Dress Kid, Silk-Lined and
Street Gloves
$1.50 to $3.00
Handkerchiefs .
Congress passed a resolution author
izlng us to claim forfeiture for breach
of the conditions and In the same
breath condoned the breaches, I felt
that it would not leave us in a very
good condition to Institute our suit
and so I opposed any amendment to
that resolution that might be construed
In any way as a waiver or condonation
of any breach of the provision of the
grant restricting the sales of granted
lands.
"Now at this same time there was an
understanding between the committees
and the representatives of the Depart
ment of Justice that I think I may
with propriety disclose, although I
have been delicate about disclosing It
First, that If any suits were Insti
tuted against purchasers they should
be limited to the very Jargest pur
chasers; second, that If any suits were
Instituted against the purchasers, that
we should so conduct the litigation that
the lands would not revert to the pub
lic domain so that It could be disposed
of until Congress had an opportunity
to pass remedial legislation for the
benefit of the purchasers If they saw
fit to do so.
"Well the resolution was adopted In
the form as you see it, and as soon as
I could leave Washington I came to
Portland and the suit was Instituted,
No. 3340, the bill of complaint which
you have offered In evidence.
Suits Were Opposed.
"At the time that bill of complaint
was prepared, I think I can disclose
with propriety, I was opposed to the
Institution of any suits against pur
chasers, not as a favor to purchasers,
but simply I wished to avoid any In-
Jury to the Industrial and commercial
Interests of Oregon, my theory being
that no governmental function should
be exercised In such a manner, but that
it would cause more public harm than
puhllo good.
"As that time Mr. Becker was asso
ciated with me as apeclal assistant to
the Attorney-General. He was of the
opinion that suits sbould be instituted
only as to the lands that had been sold
In violation of the terms of the grant,
I was of the opinion that suits should
bo instituted only as to the lands still
held by tha railroad company. We
clashed, and at the time the original
bill waa filed the statements with ref
erence to the purpose of instituting
suits hereafter, to use the language of
the bill, was inserted over my protest,
because that waa not my idea of tho
best way to enforce the rights of the
United Statea with reference to that
land grant. After the bill was filed
still protested against the Institution of
suits against purchasers. I wanted to
avoid any general uncertainty In West
ern Oregon as to land titles. I thought
It would do mora harm than good.
Salts Are Ordered.
"A controversy of. that kind went on
between Mr. Becker and myself, co
siderable correspondence was had In
which he addressed the Attorney-Gen
eral and I addressed the Attorney-Gen
eral and as the result of that cor
respondence, the Attorney-General.
Charles J. Bonaparte, In January, 1909,
directed the Institution of suits againBt
the large purchasers. I haven't brought
the correspondence with me but I think
you can trust to my recollection of It.
It was then discussed between us as
to what caHes should be Instituted. I
ON SALE
Commencing Monday
i
$20.00 Tailored Suits
$22.50 "
$25.00 . -$27.50
-
On Sale
$1 A. K
it
CASH or CREDIT
$15.00 Values
$17.50 "
$20.00 "
On Sale
Ladies' Coats
$11.85
CASH OR, CREDIT
WASHINGTON N&ar PARK
HAjtsric imujx ana upsiairs
I r , pr
SUGGESTIONS
Mufflers and Full -Dress
Protectors... $1.50 to $10
'Knox Opera Hats.. .$8-$10
Suspenders. ..... .50c to $2
Pajamas $1.50 to $7.50
Bathrobes..... ....$5 to $10
Suitcases...... $5 to $25
Steamer - Rugs . . .$13.50-$15
Tie Pins 50c to $2.50
Cuff Links and Pin to
match $1.50 to' $4.50
Knox Silk Hat... $8.00
Sweater Coats. . .$3.50 to $7
Rough-Neck Sweaters $7-$9
Dress Vests $5 to $10
Umbrellas ..$1 to $10
Canes .$1 to $5
Handbags .$5 to $20
Tie, Handkerchief and Hose
Sets. $1 and $1.50
Hat Brushes ....$1
Leather Hat Boxes for 3, 4
- and 6 hats $7.50 to $30
Neckwear
Pi
Fancy Silk. . .50c to $3.00
Knitted Ties. .50c to $3.50
Silk Hose
Plain Wh. Linen 25c to $1
Plain Wh. Linen Init'l 50c
Fancy Linen 25c and 50c
311
Morrison St.
Opp.
Postoffice
MERCHANDISE
ORDERS
All Colors
50c to $2.50 Pair
311
Morrison St.
Opp.
'- Postoffice
secured during the Summer that I was
here In Oregon, every conveyance and
sale of lands by the railroad company
and had them all In tabulated form.
This entire statement was gone through
and It was determined to Institute suits
against the 45 purchasers, as against
hich suits were Instituted between
January 21, 1909, and the middle of
February."
Mr. Conlin You discussed this be
tween you and Mr. Becker?
Mr. Townsend No, between the At
torney-General and -myself.
Mr. Townsend continued: "Then
they overruled me and forced me to In
stitute the suits over my protest. The
nest question was, in what cases suits
should be Instituted. I may say. Mr.
Burnett, I realize perhaps that it Is not
what you evpect. I may sav we de
termined to Institute suits against the
purchasers against whom suits are now
pending, and not to Institute any other-
suits, and I know that wag determined
because It has been the subject of dis
cussion between the Attorney-General
and myself and particularly with At.
torney-General Wlckersham, the suc
cessor 'of Mr. Bonaparte.
"That Is what I meant in this letter,
the embarrassing part of it, as to the
resolution of April 39, 1908, authorizing-
the Attorney-General to elect as to
what cases he should institute, I want
ed to avoid any declaration that can be
construed into a waiver or condonation
of any of the breaches of these pro.
visions of that grant. Now except for
that, Mr. Burnett, v?e would give you
the most uncompromising - assurance
that there will be no suits against these
small purchasers. But as to whether it
could be construed into a waiver that
Is where I am embarrassed. I think I
could have claimed the privilege and
refused to testify, that my Information
on the subject comes from the United
States, which is my client, I think I
could siave claimed the privilege. I
don't want to be mysterious about this
case, I want to make public everything
we can without Injury to the public.
"Now that la the attitude of the De
partment. As to whether this is a
marketable title that Is for you to dis
cuss before the court. That is our at
titude; there ia no question about that."
Rent a used piano, Steinway, Chick
ering, Mason & Hamlin, $3 per month.
Kohler & Chose, 375 Washington st.
do your Christmas shopping
in a man's shop
- where he himself would buy; Here you get the careful attention of ex
perienced salesmen who Know just what men wish, and coming' from
here the g'if t carries with it an added value in. the eyes of the recipient.
a wealth of suggestions
exclusive novelties in imported necKwear, 50c to $3.50.
english leather novelties
tie racKs, 75c to $3.50; suitcases and bags, $5 to $25; toilet sets, $2.50
to $25; collar bags, $1 to $5; slippers, $1.50; wallets and purses, 50c
to $3; tie and cuff cases, $1.50 to $5; card sets, $1 to $5; men's jewel
cases, $1 to $7.50; cups, 75c to $1.
s
silK pajamas, $5 to $15; silK hose, 50c to $3.50; reefers, $1 to $12; cuff,
buttons, 50c to $2.50; scarf pins, 50c to $6; canes, 50c to $8; umbrellas,
$1 to $15; jewel sets, $1.50; suspenders, 50T to $3.50; silK and opera
hats, $3 to $10; silK and linen handKerchiefs, 25c to $2; silK shirts in
Christmas boxes, $4 and $6; gloves, $1.50 to $4.
gift certificates for the uncertain. .
icHiel
open evening's all
this weeK.
331 Washington st
between 6th and 7th sts.
open evening's all
this weeK.
imperial hotel building