BORAH WOULD LIFT
HOME OCCUPIED BY ONE WOMAN 50
YEARS TO BE DESERTED TOMORROW
Grounds Surrounding Residence of Mrs. Anna, Eliza Dale Now Site of Many Warehouses, Where Formerly Cattle
Grazed, and Small Part of $400 Tract Is Valued at $80,000.
An I rri p o r t a n t
Announcement!
To All of Moy er's Customers
Present .and Prospective
SETTLER'S BURDEN
Amendment Would Give Credit
for Improvements Other
'Than Cultivation.
PRESENT LAW IS HARDSHIP
(fa sere . . . n?L "'.jHjT
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f -.s.,vv , ' - I? i - ji arv
I "v- ' - . . , 1 I UJ2F i-
Man Can i tot Be Expected to Go on
Land and Labor Three Tears
in Blind Hope of Patent,
Senator Contends.
OREGONIAN NEWS BUREAU, Wash
ington, Jan. 29. Recognizing that the
three-year homestead law in its pres
ent form Is more burdensome to some
settlers than was the five-year law
which it repealed. Senator Borah will
endeavor before the adjournment of
Congress to modify the cultivation
clause as proposed in a bill which he
introduced several days ago. It is this
clause that is proving burdensome, and
as the clause Is now construed, many
homesteaders run a risk of getting
no patent, even after three years of
residence upon their land.
As the three-year bill became a law,
it required the entryman to "cultivate
not less than one-sixteenth of the area
of his entry, beginning with the sec
ond year of the entry, and not less
than one-eighth, beginning with the
third year of the entry and until final
proof," which means that an entryman
taking the full 160 acres must have
20 acres in cultivation the third year
end thereafter in order to acquire title.
The law further provides that the "Sec
retary of Interior may, upon a satis
factory showing, under rules and reg
ulations prescribed by him, reduce the
required area of cultivation'
Too flinch Clearing; Required.
When he reached Washington last
Fall. Senator Borah took up with Sec
retary Fisher the question of reducing
the area of cultivation in case of home
steaders who have filed upon lands
partially covered with timber, which
must be cleared belore it can be
brought under cultivation. There are
many such settlers in Idaho, as well
as in all other Western states, and set
tlers of this class of land find they
cannot clear and cultivate 20 acres
by the beginning of their third year.
Secretary Fisher intimated that he
would recognize the equities in such
instances, but he declined to make any
rule by which settlers oould be re
lieved, and in fact, informed Senator
Borah that he would not make any
general ruling In advance reducing the
amount of cultivation the department
would require of settlers on timbered
land:i. He insisted that each entry
would have to stand on its own merits,
and when the settler made final proof,
the Department would then determine
whether or not the amount of cultiva
tion done by him would be considered
ample to show good faith.
Senator Borah took the position that
It was preposterous for the Depart
ment to expect men to homestead
lands that must be cleared before they
can be cultivated, unless they know
in advance something of the amount
of cultivation that will be required of
them, and declared plainly that set
tlers would not go upon such land and
work for three years in the blind hope
that the Department would give them
a patent after three years. Secretary
Fisher, however, refused to lay down
any rule, and the Senator then Intro
duced his bill providing a substitute
for cultivation.
Bill Provide Safeguard.
The Borah bill, now pending in the
public lands committee of the Senate,
adds this provision to the three-year
homestead law:
"Provided, that the entryman in lieu
of cultivation required herein may
make improvements upon his entry by
constructing fences or buildings, by
slashing, clearing or in other ways
preparing the land for cultivation, by
planting orchards, or by otherwise
making the homestead habitable or
capable of production, said improve
ments to aggregate an amount each
year of not less than $1.50 per acre,
except that In cases of entries under
section S of the enlarged homestead
law, the amount of improvements shall
not be less than 75 cents per acre."
This latter clause applies to non
resident enlarged homesteads in Utah,
and only on those entries does the 75
cent limit apply.
Western Senators and Representa
tives look with favor upon the Borah
bill, and appear to be in accord with
Its purposes, for all are receiving com
plaints that the law in its present
shape will work hardships, and make
It difficult, if not impossible, to home
stead large areas of vacant public
land that would be entered but for the
cultivation clause of the law as it
stands. Others have had the same ex
perience as Senator Borah in the mat
ter of trying to get relief for home
steaders on timbered lands, and all
have concluded that further legisla
tion is necessary.
When Senator Borah introduced his
three-year homestead bill last session
It amended the old homestead law
only in one respect. It reduced the
time of residence required from five to
three years, and if the bill could have
passed as introduced, the present dif
ficulties would not have arisen. But
Secretary Fisher stoutly opposed the
bill from the first. He was against
reduced the time, of residence, and was
Insistent upon requiring a certain
amount of cultivation in fact, he ad
vocated double the amount of culti
vation that Congress finally fixed.
Then the conservatlonallsts under Pin
chot got busy, and Congress would
not pass the bill until it had been
amended out of all resemblance to its
original shape, and until the strict
cultivation clause was added.
Improvement Will Cannt.
Senator Borah opposed the incorpora
tion of any such clause in the bill. So
did other Western Senators and Rep
resentatives, but the situation reached
a point where they must either ac
cept such a provision or lose the bill
entirely, and they compromised by ac
cepting the cultivation clause as quot
ed, with the additional proviso quoted,
which contemplate that the Secretary
of Interior would determine upon
policy for reducing the area of culti
vation where it was Impracticable for
an entryman to cultivate the amount
required by the law. As the lav Is
being administered, however, an entry
man is required to cultivate during the
third year one-eighth of the area ot
his entry In order to oe sure or re
ceiving patent- If he fails to cultivate
this percentage, no matter what the
cause, he has no assurance whatever
that his entry will be approved by the
Department.
It is to avoid this and to let iro
provements take the place of cultiva
tion that Senator Borah has offered
his bill, now pending. Any entryman,
acting In good faith, would be able to
comply with the provisions of this bill.
If unable to comply with the cultiva
tion clause, and Senator Borah hopes
3 of
i,.-' v. . , Sr . iv
7 w
THERE is a little moss-covered cot
tage surrounded - by great ware
houses at 105 North Thirteenth
street, in which Mrs. Anna ,llza jjaie
has lived continuously for 50 years. The
cottage will be deserted tomorrow, for
the person who helped to build it leaves
for Seattle, where she will spend the
remainder of her life with her grand
daughter, Mrs. David S. Tobias-.
"I dread the trip to Seattle, but I
am 80 years old and am lonesome, so I
must go," said Mrs. Dale. "Tbe Jot
which this house stands on was orig
inally part of a block for which my
husband paid $400. We sold two parts
to get consideration for his bill during
the present session. If It fails ,this
time, it will be reintroduced next ses
sion, and ultimately seems sure to
pass and become a part of the three
year homestead law.
ANNEXATION ISV UPHELD
Court Kules Against 6. F. Cook in
Addition or Precincts.
Circuit Judge Davis lias decided in
favor of the city in the suit of O. F.
Cook against the City of Portland to
prevent the annexation to the city of
Sylvan and Mount Zioin precincts, Nos.
178 and 179, which voted to come into
tbe city at an election in 1910.
The contention of the plaintm in .tnis
case was that tne amenameni 10 iae
state constitution making it impossible
for the charter of any municipality to
be amended except by action of its own
voters operated to invalidate the pro
visions of the charter with regard to
annexing territory. His attorneys ar
gued that both the people of tne city
and of the territory to be annexed
should have voted on this subject,
whereas only those of the latter did.
With respect to this Judge Davis
held that the failure of the city, after
the adoDtlon of' the constitutional
amendment in question, to change the
provisions of its charter prescribing a
method for annexation acts as a ratifi
cation of the system,- An amendment
to the charter is necessary when new
territory is taken in, and Cook a law
yers contended that the people of pre
cincts 178 and 179 were amending fhe
charter of the city contrary to the ex
press provision of the constitution or
the state.
Another Doint raised was that many
illegal votes had been cast by people
n these precincts, only fractions or
which were to be taken in. Judge
Davis held that in the absence of testi
mony as to how these men voted it
would amount to disfranchisement of
those really entitled to vote. . A man
who has cast an Illegal vote may be
called upon to testify o to how he
marked his ballot, while the courts
have no right to demand such informa
tion from a legal voter. The only way
Cook could have won on this point was
to have brought all the illegal voters
in and to have shown that a sufficient
majority of them voted in favor of
annexation to overcome the actual lead
in favor of annexation..
NEW TICKET OFFICE OPENED
C. W. Stinger Greets Old Friends at
Ken- Stand on Sixth.
Without much ceremony the South
ern Pacific's new city ticket office was
. , rt... n.nmin an hrnnsrh
out the day business continued at the
new stand. Slxtn ana uk streets, wnn
out interruption. C W. Stinger, the
nawlv-anDolnted citv ticket agent, was
on the Job all day and passed out
cigars to his patrons.
Phil K. Gordon, general passenger
agent for the Sunset Route of the
Southern Pacific was up from San
Francisco to assist in -the opening and
to lend additional cheer to the office.
SHIPPEE LEAVES PACIFIC
Forest Grove Professor Accepts Chair
in Washington State .College.
PACIFIC UNIVERSITY. Forest Grove,
Or., Feb. 1. (Special.) Professor Les
ter Burrel Shippee, head of the depart
ment of political and social science In
Pacific University, has resigned his po
sitron to accept the same chair in the
Washington State College at Pullman.
Professor Shippee received his bache
lor's and master's degree at Brown Uni
versity and came to Pacific in 1910.
Professor Harry W. Dahleen. a grad
uate of the University of Minnesota, has
been engaged to succeed Professor
Shippee,
gfw-liM
t5c3 lz.zrsc? 50 y&J-XT. .
of it years ago for 600, and 11100. and
now they want to pay me $80,000 for
what is left. - ' : '
"My husband cleared this land with
the help of some Indians who were
camped Just below us. Our house was
then built and it was considered ex
ceptionally fine, for the wood was all
brought around Cape Horn. Nearly all
the homes in those days were log cab
ins and woodchoppers put them up.
splitting the logs for . shakes and
boards. Our lumber was from a saw
mill. .
Orexoa I Home.
"In those days we did all our own
work. We made candles and soap and
painted our house and even papered
it. Carpet of ordinary grade cost $4
a yard. Then in the back yards there
was generally a burial plot. How the
city has changed! -
"The other day I went down to pay
my water tax and got lost, it was
so long since I had been down town. I
used to watch boats tie up at trees
from my window, and now I can't find
the river. When we got a h curse car
years ago we thought that our city
was making wonderful strides and the
wonderful car was introduced into ev
erybody's conversation. Now there
are so many different cars and auto
GIRL OFFENDER IS SORRY
PETTY THEFTS FIRST STEP IX
WKOXGDOIXG.
Cheap King Stolen and Pawned to
Provide Money Stepmother Is
Accused of. Withholding.
"I'm glad you arrested me before I
got any farther," said a 17-year-old
girl, arrested yesterday by Detective
La Salle after she had stolen a cheap
ring, pawned it for all it was worth,
and stolen a second ring while pawning
the first. "I know what you want,"
said the mere child, with great self
possession, as she was Intercepted on
leaving a shop where she had tried to
pawn the second ring, "and I am glad
you haye come."
Beginning at a department store, the
girl filched a ring having a retail price
of 87 cents. She carried It to a pawn
shop, where the money-lender, caught
off his guard, advanced her 75 cents.
While the' transaction was going on
she managed to slip another ring ot
greater value into her hand, and it was
her efforts to dispose of this which
GIRLS' DEBATING SOCIETY OF
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Ail sf I
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THE FHIliOLEXIAJiS. ' -
The Phllolexians, the girls' debating society of the Lincoln High School, gave their formal party for
the term on Friday night, when they entertained in honor of the graduating members of tbe organization.
The affair was held at the home of Miss Vera Van Schoonhoven. The guests complimented were Esther
Ritter. Ina Dean. Alta Armstrong, Helen Nesbltt and Mildred Scott The faculty wa. represented by Miss
Emma Goddard. Miss Lotta Perry, Miss Stella Bell and Jidward Tabor. The committee which planned the
evening's entertainment Included Florence Holmes. Allene Wolf and 'ij''.10
the hospltalitv of the society. Among those present were: Romaine Elliott Dorothy Wright. Esther Rit
ter. Ruby McKay. Alice Sunstedt, porothy Diamond. Hazel Isaaksoiv AgathaDecarle. Marguerite Gross,
Ada Starkweather. Mary Starkweather. Mary Townsend. Jean Jacobs. W imfredGoodrlch. Colllcia Henny. ir
ma Wollenburg. Susan. Thomas, Cora Howes, Rose Wright, Stella Gray, tllen Dominique. rank Beacli. Edi
son Wingard. Kieth Kiggins. Ray Condlt, George Warner, RusseirCase, Randolph Bingham Jj uk Bates. Jerome
HolxmanT Warren Lewis. Charles Howe. William Mclndoe, Clifford Druschel, Bquire Boiartb, Claude Res
ing, Claude Keny s, Clymer Nobles. Leon Goldsmith. . . . -
mobiles' that I am afraid to venture
far and Temain at ' home.
VI never was much . of a traveler. 1
haven't' been out of the state since I
arrived from California with my hus
band. Once I went to Astoria to get
rid of the chills, and Indian Sally, who
lived in Upper Town (part of Astoria),
gave me some Indian oolligog and that
cured me. That was Derore jars.
O'Brien had the stage to Portland put
on. She kept a tavern.
CoWDWrture Is Warehouse Site.
"When I see this old furniture which
we brought with us packed to go to
another house, it doesn't seem natural.
I think of the days when I lay awake
in that room wishing that there weren't
so many cows with ' bells on them.
They would stand under our trees in
a storm and at night the noise was ex
ceedingly annoying.
"My husband died 25 years ago and
Is buried in St. Mary's Cemetery. He
was chief steward on the steamer John
H. Couch. John Marshall Was chief
engineer. But the old people are near
ly all gone, I guess that some of the
pioneers will remember me. I read
about them in The Oregonian. I have a
daughter, Mrs. Zeke Matthews, who
lives in Pendleton, but I have no son
to continue the name of our family."
caused notification, to be made to the
police.
Questioned by Captain Baty, the girl
told a straightforward story of an un
friendly stepmother, whose influence
kept her father from giving her money
for her petty needs. In a moment of
pique the impulse came upon her to
steal and she yielded to it, but was re
gretful as soon as she had ventured
Into crime.
"If I had succeeded this time I prob
ably would have done worse, she said,
as she thanked the police warmly for
"what you have done for me. '-
Convinced that more harm than good
would be done by pursuing the case.
Captain Baty referred the matter to
the departme-nt for young women, ask
lng that the name of the girl be held
in confidence.
Warlield's Play Discussed.
At the recent meeting of the
Federated Women's Clubs of Grays
Harbor, among the interesting features
of the programme was an address' by
Mrs. C. P. Curtis, a well-known reader
of Portland, who was visiting In Ho
auiam as the house guest of Mrs. W. 1.
Adams. In commenting upon the play
"The Return of Peter Grimm," Mrs.
Curtis spoke of the psychological sug
gestion and the reason of its existence.
After speaking of the metaphysical side
of the play, she reviewed me story
comprehensively.
LINCOLN HIGHSCH00L ENTERTAINS GRADUATING MEMBERS '
1
First and
Yamhill
THONEJJTIGATION UP
LOS AXGEXiES WANTS TO KEEP
MONEY OUT OF OREGON.
Complainants Declare Coffey Will
Remove Large Sum From Cali
fornia Jurisdiction.
T.OK ANGELES. Feb. 1. (Special.)
n. Titio Tnaurance & Trust Company
and other corporations and persons are
made defendants in a sun ukvivb
nearly J500.000 in property filed todJ
by Perry weianer, jameu "j .
W. Hitchcock and the Niles Pease
Investment Company.
The suits asks for an accounting and
injunction restraining the trust com-
. jl.mn.rni, nf O I amOUllt
of money to John B. Coffey, of Port
land, alleging mat ne win remuvo n
from the Jurisdiction of the California
courts.
ft.- mr.'flint mtr tha.t the olaintiffn
owned 1100 shares in the Home Tele
phone & Telegraph company 01 x-ubci
Sound, which were placed with the
1.1.1., Tnat.mnA jt- Trust ComDanv in
exchange for $75,000 of bonds of the
same company and a note ior ii,c,
Saturday night, February 1, we discontinued
our store at the corner of First and Mor
rison Streets
Our large store at the corner of First and
Yamhill Streets, one block south, will con
tinue the special sale of Moyer clothing,
furnishings and underwear for men and boys
Everything in this store is of standard
"Moyer Quality" everything is going at
generous reductions from regular prices
reductions that will soon clear this store,
too, of merchandise.
You "will save money on every pur
chase you make here come and buy
before this great stock, too, ia gone.
When You See It in Our Ad,
MOYER
secured by bonds at the par value of
$300,000. '
The latter note, it is alleged, was sold
for $82,000, which was to be divided
among the shareholders. The suit is
to establish the amount each share
holder shall receive and to keep the
case in California courts.
COUNTRY ROAD IS LIGHTED
Courtney Improvement Club Beauti
fies Vicinity Near Station.
Residents at Courtney Station, a sub
urban district on the Oregon City elec
tric carline, held a meeting on January
21, at the home of F. C. Blackman, on
Courtney road, and organized the
"Conrtney Improvement Club," which
has for its purpose the improvement of
Courtney road and contingent terri
tory. The club has started work and has
had the street, from the carline east to
the Oatfleld road, lighted with electric
lights. This is a distance of nearly
half a mile, and the club claims the
distinction of having the only elec-
trically-lghted country road in Clacka
mas County.
The scene around Courtney Station
is one of the most attractive on the
ride from Portland to Oregon City,
number of new homes having . been
built during the last year.
It is the Intention of the Improve
ment Club to have a grade established
on Courtney-road this Spring, so that
arrangements can be completed for
laying a substantial' sidewalk the en
tire length of the road. By securing an
established grade a uniform walk can
be constructed at a moderate cost.
The officers and directors of the
club elected to serve for six months
are: G. H. Charters, president; John M.
Hatton. vice-president; A. V. Calkins,
secretary-treasurer, and J. A. Kuks and
F. C. Blackman, additional directors.
The list of the ' charter members of the
club is: G. H. Charters, Louis H. Look,
F. C. Blackman. C. A. McMillan, A. V.
Calkins, John M. Hatton, J. A. Kuks,
C. A. Brown, Dr. John R. Westevelt, J.
H. Broetje, Julius Broetje and A. E.
Cooper.
AUTOISTS TO OPPOSE BILL
McMinnvllle Owners Start Fight on
Proposed Special Tax.
McMINNVILLE, Or.'. Feb. 1. (Spe
cial.! Automobile owners of McMinn
vllle held a meeting thiB week for the
purpose of discussing a bill now pend
ing in the State Legislature pertaining
to taxes of automobiles. They were
unanimously opposed to the Intended
tax rate of 50 cents per horsepower
as long as automobiles were also taxed
as other personal property and as the
state license tax' was still in force.
A committee was selected to prepare
a substitute bill to be considered at a
later meeting of automobile owners.
The meeting . was also favorable to
having automobiles taxed In a manner
that the money so received can be ex
pended in the county where the same
was obtained.
The committee appointed is R- "L.
Conner, A. M. Perry and James Fletch
er. . G. S. Wright was chairman of the
meeting. The proposed bill to be con
sidered tonight, if favorable, will be
forwarded to the Legislature at once,
and steps taken to further its adop
tion. .
POULTRY LECTURE BILLED
Varied Entertainments Arranged for
Portland Libraries. :
Professor Dryden, of the . Oregon
Agricultural College, will lecture on
poultry raising at the East Portland
branch library. East Eleventh and East
Alder streets, Friday, at 3 o'clock, and
at the Albina branch library, 350. Knott
street, at 8 o'clock P. M- of the same
day.
These lectures will be illustrated with
It's So
First and
Yamhill
stereopticon views and will be of in
inrest to all who are raising poultry.
lthi- nn n. Inri7f RC.ale OT Small.
Mrs. Emily Banks, who was ior sev
eral years engaged in missionary work
In Africa, will give an illustrated lec
tiii. on "Afr-lra.. Its People and Cus
toms." at the Albina branch library, 850
Knott street. Wednesday, i-epruary
at 8 o'clock P. M.
On Friday night at 8 o ciock, rroies
sor Harry Beal Torres' will lecture at
the East Portland branch library on
"The Evolution of Behavior."
Professor Arthur Evans Woo will
deliver his next lecture in the course
on "Social Ethics." at the Albina branch
library, Tuesday at 7:30 P. M. His sub
ject will be "Standards of Living and
Minimum Wage."
Memory or B. Z. CuIIiria " Honored.
At a recent meeting of the Wood
lawn Volunteer Fire Department a res
olution was adopted Jhat expressed the
regret of its members at the death of
the late Benjamin Z. Culllns, one of its
officers and active members. The res
olution told of the virtues of the de
ceased, and especially of the assistance
he had been to the organization by his
counsel. The committee that prepared
the resolution consisted of E. A. Mey
ers, H. Kubic and A. L. Dongla.
Des Moines Folk on Visit.
Mr. and Mrs. Paul Beer, of Dea
Moines, are the guests of Mr. and Mrs.
J. C. Burch, of 067 Hoyt street. Mr.
Beer Is Iowa manager for the Barber
Asphalt Company. He is also chairman
of the smoke abatement commission of
Des Moines, and declares that if his
city were as free from the smoke
nuisance as is Portland the commission
Itself would soon be abated for lack of
something to do.
Chicago auto drivers are demanding tall
lights on nil wagons and buggifts.
SEE THAT
Intelligently
Applied Service
Many in the optical profession
lack the one thing we supply with
each pair o glasses
Intelligently applied service.
Our service only begins when we
fit the glasses. It is continued
throughout the life of the glasses.
We assume the responsibility of
restoring and keeping your eye
sight good when you come to lis.
You need Shur-ons if you need
glasses.
THOMPSON
OPTICAL INSTITUTE
209-10-11 Corbett Bldg,'2d Floor
1