10 - . - THE SUNDAY OREGONIAN, PORTLAND, OCTOBER 25, 1914.
R. A. BOOTH AND GOVERNOR WEST MEET IN JOINT DEBATE
"Word for word and without inter-1
lineatlons the complete stenographic
report of the debate between Robert
A. Booth and Governor Oswald West
on the question of the former's fitness
to be United States Senator is here
with given.
The stenographers who reported the
meeting were chosen by representa-i
tives of the two sides of the debate.
The parenthetical references to ap
Dlause. interruptions, questions and the
like are as transcribed by the stenog
raphers. Nothing has been eliminated
from the proceedings except the intro
ductory remarks of Chairman Sabin
and the report of the confusion in
spired by the impatience of the audi
ence over the delay in the commence
ment of the debate.
Booth Replies With Details.
The debate was the outcome of a
aeries of events which began with a
demand published by an Albany news
paper that Mr. Booth explain where
he got his wealth. Mr. Booth accepted
that challenge and in a lengthy address
in Albany told the entire history of
his life from the early struggles of
youth until his retirement from active
business with a competence. He gave
minute details as to the origin and ac
quirement of the Booth-Kelly timber
holdings.
He showed that prior to Its acquire
ment the great bulk of the Booth
Kelly timber land had been accu
mulated for the operation of its mill
ing properties from Individuals or com
panies In whom the Government's title
had previously been confirmed; that
less than one-tenth of 1 per cent of
the company's holdings, or less than
one acre In each 1000, had ever been
questioned as to title and that con
cerning the one-tenth of 1 per cent the
questions at Issue were still in litiga
tion. '
Thereafter the Democratic press cen
tered Its attacks on Mr. Booth on the
basis of the litigated one acre In 1000.
Evidence adduced by the Government
was quoted from the records In an ef
fort to prove fraudulent transactions,
but the evidence of the defense was
Ignored. The opinion of the Court of
Appeals was quoted time and again,
but not the opinion of the court that
heard the testimony, which was In
better position to determine the cred
ibility of witnesses and held differ
ently. Governor West, In political speeches,
also turned upon Mr. Booth, but con
fined his charges to Insinuations and
generalities. He professed to be
possessed of certain information, and
declared that unless The Oregonian
ceaBed its criticism of him (West) he
would disclose all he knew about Mr.
Booth. The Oregonian challenged him
to produce his evidence.
West Vnable to Check Follower.
Thereafter Mr. West delivered a
speech In Portland, again confining his
remarks largely to generalities and to
transactions for which he offered his
own unsupported word. . This address
brought forth from Mr. Booth a chal
lenge to appear with him on the same
platform, that he might have oppor
tunity to reply. After a period of ne
gotiations the challenge was accepted
and the men met at the Baker Thea
ter building, at Eleventh and Morrison,
Friday evening before an audience that
packed the auditorium.
The audience was composed, it Is evi
dent from the stenographic report, of
confirmed partisans of the two men.
It was at times uproarious. On occa
sions men, in the audience shouted in
sults and Impudent remarks at each
speaker. Mr. Booth, It appears from
the report, was able to restrain his
followers. At the beginning of the
Governor's address the speaker was so
seriously Interrupted by ribald com
ment that Mr. Booth advanced to the
front of the stage and pleaded for fair
treatment. Thereafter the interrup
tions were Infrequent and confined to
few.
During the first half hour, which
was given to Mr. Booth, the audience
was In the main respectful and quiet.
except for well-ordered applause. Dur
lng the last half hour, following Gov
ernor West's address and devoted by
Mr. Booth to an answer to Mr. West's
charges of the evening, there was
scant courtesy offered the speaker by
the West partisans.
When Governor West's one hour had
expired he had stated that there were
other matters that he would have liked
to present had he had the opportunity.
Thereupon Mr. Booth had arisen and
had corteously proposed that Governor
West be given an extension of time.
This was with the proviso that Mr.
Booth be allowed an eaual extension of
time and a similar opportunity to pre
sent his side.
Fair Flay Refused Mr. Booth.
Governor West had referred this
proposition to the audience and It had
been greeted with cheers and cries of
assent. Tet from the beginning of Mr.
Booth's rejoinder he was continually
Interrupted by uproar. The Governor
himself, although he endeavored to do
so, could not induce his followers to
give Mr. Booth respectful hearing or
permit others to listen to what he bad
to say.
Appeals from Governor West and
from Chairman Sabln and frequent pro
tests from Mr.. Booth, as detailed In
the stenographic report, failed to
arouse a spirit of American , fair play.
Governor West had had his Innings,
and a noisy element in the audience
.was determined that Mr. Booth should
not be given an opportunity to answer.
In the first half hour, which was
alloted to Mr. Booth, the speaker took
up the question of Governor West's
veracity, on the presumption that in
some of the matters at issue there
would be but the word of one man
against the word of the other. He en
deavored to show that the Governor
-had frequently falsified, and that his
statements were not to be believed un
less supported by the evidence of
others. He charged that Mr. West had
been a Burns detective during the land
fraud investigations. He read from
Mr. West's reports to Burns to show
that Mr. west had engaged in the
practice of Jury packing. He took up
numerous statements theretofore made
by the Governor and demonstrated
their falsity.
Same Old Charges Hurled.
The Governor's charges uttered In hi"
address, which consumed something
over an hour, were largely confined to
v a discussion of the same old one-tenth
of one per cent, pr the one acre in a
thousand now In litigation, charges
which had been published and repub
llshed by the Democratic press. The
much-vaunted .new charges and ex
elusive Information as to the unfitness
of Mr. Booth were not forthcoming.
Mr. West read, as is disclosed by the
stenographic report, copious extracts
from a lawyer's brief. Those familiar
with court procedure of course know
that a brief is a written argument, not
sworn testimony, although it may at
times contain extracts from the testi
mony in the trial. Whether there were
persons In the audience who accepted
the extracts from these arguments as
evidence, or whether, they were ap
plauded and acclaimed through mere
partisanship cannot be known.
Mr. West also read from testimony
in the suft involving the few timber
claims at issue and from the opinion
of the trial eourt, and the opinion of
the Circut Court of Appeals. This tes
timony had been given by a daughter
of a relative of Mr. Booth's who had
filed on a timber claim, and dealt
with things she said she had heard her
mother say. The Governor also read
extracts from the testimony of one
RECORDS
CONTRADICT
GOV-
ERAOR.
Governor West had charged
that Mr. Booth was interested in
the sales of certain lands by a
lottery scheme to factory girls
and other poor persons in the
East to whom misrepresentations
had been made as to the charac
ter of the land.--
Mr. Booth invited attention to
public records which showed that
the lands in question had been
sold to Minneapolis men. who
conveyed them to an Arizona
corporation, which transferred
them to a Kansas City concern,
which placed them on the market
and that neither Mr. Booth nor
his company had ever had any
interest in them after the orig
inal sale.
Jordan, a former mill employe who had
also taken a claim. In both Instances
the testimony dealt with the charge
that the Booth-Kelly Company had in
duced the entrymen to take up the
claims, had advanced the necessary
money and had paid each $100; that the
entrymeri, in short, were mere dum
mies.
Booth Replies With Evidence.
In rejoinder, Mr. Booth calked atten
tion to the fact that at the same trial
testimony was given by seven wit
nesses contradicting the one woman
witness quoted by Governor West, and
that the man Jordan had mentioned R.
A. Booth but once in his testimony, and
on that occasion he swore that R. A.
Booth had had nothing to do with the
deal or transaction.
As Indicated in the stenographic re
port, Mr. Booth's reply was delivered
under great difficulties purposely
erected by West partisans in an effort
to prevent him from answering the
charges. Nevertheless it appears that
he got his reply Into the stenographic
record in full, even If he did not get
to all in the audience.
The complete report of the debate
follows:
Mr. Booth's Opening
Mr. Booth said:
Ladies and gentlemen, I am not here
for applause. All that I ask for, expect
or am entitled to is a fair hearing
from open-minded voters, and I beg
every friend to cease from applause
that we may hurry this thing along.
and ask the chairman that, in case
there is"ny disturbance, it shall not
be deducted from the time of either
speaker.
I take it that everyone in this
presence understands that I am not
here simply in my own defense as a
private citizen or to attempt even to
defend a good name, if I have such, but
I am here because I am the nominee
of the Republican party for the United
States Senate, seeking to represent the
people of Oregon in the United States
Senate because 70,000 people in this
state gave me their votes at the pri
mary more votes than was cast for
any other candidate in any party for
any office. What I owe to them and
to all people who are inclined to give
me their support, I desire to now pay
to the utmost farthing that my state
may be fairly represented in the Na
tional halls of Congress by the ma
jority party of "the state, and that I
will do, unless I am proven unworthy
by the Governor of this state or some
of his supporters. If I am unworthy.
if there is anyone better qualified.
then it is to my interest as well as
yours that they represent you, and I
shall have no quarrel with you If you
vote for them. But what I want to
impress upon you is this: If the
charges that have been made against
me are true, then possibly you will
decide to vote against me. I under
stand, however, full well that this is
merely a sideshow to a Senatorial cam
paign to divert the attention of the
people from the real issues, and that
possibly it is unwise to heed it; but,
as I said before, I want you to know
what part I have had in developing
the industries of this state and how
the accumulation of what I and my
associates have came about. But I
want to call to your attention some
thing of the type of the man who has
accused me. If he has done it in good
faith, well and good. Whether or not
he has, it is up to the people of Ore
gon to decide. Let me review a little
bit of some of the hounding that he
and other men like him have given
some of the best citizens that ever
blessed this Btate. Just a word
about it.
You know that the question of my
Integrity and the accumulation of the
timber lands of the company came
about through the prosecution of this
Government, represented by Francis J.
Heney and Mr. Burns. With these men.
whom every citizen in this state now
knows, and that are known from the
east to the west of this country, Mr.
West was associated. The evidence
take from the brief that was furnished
in the Jones' case to the President
when he asked for a pardon.
"When It was decided to stuff the
Jury-box in the land-fraud cases and
names were submitted every man was
investigated before his name went into
the box, and the man had to be known
as a convictor before his name went in.
"August 2, 1905, Mr. West received a
telegram to go to the Federal build
Ing in Portland, and immediately
thereafter to" become a Burns detec
tive investigating .men. learning their
views on conviction and traveling in
several counties. Mr. West has acted
as a Burns detective for two weeks,
at which time, August 17th, Burns tel
egraphed to Washington: 'Jury com
missioner cleaned out the old box from
which trial Jurors are selected, and
put 600 new names, every one of which
was investigated before they were
placed in the box.' "
Wtat a Detective for Barns.
Mr. West's reports are on file at
Washington, together with his vouch
ers for his expenses in traveling. They
are the documentary proof that he
was engaged in stacking the jury
box.' Here is West's report on D. E.
Swank, of Marion County, and is
fair sample: "A pretty good old man
straight Populist and Socialist; has
been a rank reformer in his time, but
now believes that through graft and
monopoly everything has gone to hell
and it is too late to save the country.
(Laughter.) He is one who would be
in for convicting anybody, especially
if he were a Republican politician."
And his name went in the box. (Applause.)
Another sample report from Mr.
West on Walter Lowe: "He is a sup-'
porter of Ed Croisan; he is a strong
anti-Mitchell man. In talking" that
occurred on November 9. and, remem
ber, this box was not filled until the
17th "about Hermann he said, 'I hope
they send him to hell; I am glad they
got Mitchell. ' " This man's name went
also In the box.
Mr. West made reports on men.
calling them good, and reports of Mr.
Burns on the same men said: "These
merv would convict Christ."
Were these the kind of men Mr.
West considered good and would be
Impartial on a Jury?
The evidence is clear that Mr. West
was a Burns detective, acting through
political motives; the same Burns who
traced me from ocean to ocean, who
shadowed me in my home, who traced
me around this city; he is the same
man who has traced other men, among
them Samuel Gompers, until he was in
dicted, tried and acquitted, as I; yet,
this is the type of man who has ac
cused me that was a party In that
prosecution. (Applause).
West Returns Money. '
Mr. West collected, according to the
records, $365.20 mileage ' and witness
fees from the Government, January,
1910, claiming mileage from Washing
ton to Portland and return, when he
was served with papers in Portland.
When he was called a grafter by the
Federal officers for making an affi
davit to collect this money he later re
turned $350.20 Into the State Treasury.
For the same trip to Washington he
collected, according to the records, $253
from the State of Oregon for his ex
penses. Campaign literature furnished to
West when he was Governor was folded
by the convicts in the penitentiary in
stead of given to free labor, as other
men had to do. And this man, of high
moral purposes, and supposed to be fair
minded, representing, or misrepresent
ing, this state, for some cause vetoed
the morals court bill, recommended by
the Portland Vice Commission. Why
was it? I leave It to you to answer.
But it is this man, with this type of
character, with these things staring
him in the face, and the records where
anybody can see them, that is making,
the charges against me and other men
in this state.
What were the charges? According
to the stenographic reports in the Port
land Journal he charged that we com
menced business with a little plant and
a tew trees; that the fortune was
based upon the purchase of 17,000 acres
of railroad land, gotten by corrupt
practice, in league with corrupt offi
cials, who were taken Into our com
pany, and discharged by their superior
officers; that a railroad was built into
the timber under our control, and that
we had secret rates. We never could
have built up a trade on that sort of
a thing. He said that others could not
buy or operate on this line.
Evidence Not Offered.
By political manipulation, he says
that we acquired land in the Klamath
Indian reservation; that I robbed
widows, working . girls and servant
girls by selling lands through lottery
schemes; that I am a tax dodger, and
prevented the passage of bills that
would have Increased the tax on tim
ber; that I robbed my relatives, whom
he refers to as weak-minded mountain
people (laughter); and further, he re
fers to charges and the trial of my
brother, and-, says that I was indicted.
So I was, by the process and by the
methods of that type of man. But he
does not say, like a man, that I was
the only man who pleaded for a trial.
Seventeen times my lawyers went
asking a trial. For four years It was
held over my head, because they would
not come up with the evidence, and
give me a chance. He does not say
that I am the only one that did not
put In a dilatory plea; he does not say
that we did not put a witness on the
stand; he does not say that the Jury
id "not guilty" on the first ballot.
(Applause and cheers).
Please let's not have applause! What
we want is the cold facts.
Now, men, this is the sort of thing
I have been up against. If I had been
guilty, if there had been a line of evi
dence against me, with Governor West
and men like him bounding me, I
would not be here to tell the story to
night, and you know it. (Applause).
Fncta Are Pointed Ont.
Now, what are the facts? (A cry of
Hurrah for. West.) (Laughter). v
Mr. Booth: Just a word. If I prove
untrue a single charge that he has
made, then according to all fair evi
dence he is discredited in all. If I
prove two of ahem false, then the evi
dence against him multiplies, and so
on through the case.
Where did we commence with this
little patch of timber?
The record is here, and I want ..o
say that the proof of every sentence
that I shall utter s here in documents
that I will not have time to show you.
Just this thing, however: That little
patch of timber was purchased by peo
pie other than ourselves. We got it by
the assignment of contracts. We have
worked it 10 years and there is seven
years yet there to cut. That was the
beginning of our operations. It is the
sworn testimony of myself in the three-
ten rate case before the Interstate Com
merce Commission and in the records
given here in this city in the -innocent
purchasers bill, and if Mr. West did not
know it, it is his own fault; it is a
public record and I believe he did
know it.
But he charges, secondly, that the
fortunes of the Booth-Kelly Lumber
Company were founded on the purchase
of a tract of timber of about 17,000
acres.
(The speaker here produced a map.
to wnica be referred).
Land Contracts Produced
The yellow here represents that tim
ber. The green was timber that we
did not own. This is the railroad to
which he refers; that, he says, was
built under connivance with the rail
road officials. This is Eugene (lndi
eating) and here Is where our mill is
situated. Here are the other mills. He
says we owned all the timber; that
others could not operate, and there has
been nothing else doing there in that
country.
Listen, men. This is- all timber belt,
except the little valley where the rail
road runs. Did we connive with the
Oregon officials who were afterwards
discharged?
Here la the fact: The lands were
bought of the vice-president of the
Oregon & California Railroad; and also
of the Southern Pacific Company, in
conjunction with C. P. Huntington, its
president. The contracts are here if
you want to read them. . We bought it,
he says, never paying a dollar of the
principal and only the interest after
the timber was cut. Out of that and
from that we have paid to the laboring
men of Oregon $10,000,000, operated for
10 years, and there is 10 years yet to
cut. ;
We never had any interest in that
road, except we gave the right of way
for it and the ties. We never had a
secret rate, and as a Railroad Com
missioner he knew that, or could have
known it. We never had the contract
delivered to us until simultaneously
with it we had to agree to operate and
to ship 2500 carloads of timber over
that road the first year.
Does -anybody else there operate?1!
Let's see. He says not. But there are
nine mills on that railroad other than
ours.
In every sentence that he uttered,
whether as to connivance with Oregon
officials, whether as to construction of
the road or secret rates, or the pay
ment of that, he falsified and could
have known it if he desired; and had
he been a man he would Have known It.
And furthermore, since the facts are
as I state, I offer now to pay his way.
or any man who desires to go in this
audience, to see whether this timber
is all cut. and what the facts are.
Every dollar of it was paid within a
little over five years by the mortgag
ing of the premises and every state
ment that he uttered in reference to
it is absolutely false. (Applause).
He says that I was In connivance
perhaps that Is not the direct state
ment; I leave Jt to you to judge
that I was in connivance politically
with the men. Senator Mitchell. Sen
ator Fulton and others, that enabled
us to buy these lands: and that I was
in the Legislature at the time. These
lands were purchased some years, near
ly two years after we had commenced
operations, and then they were pur
chased two years before I was in the
DETECTIVE OSWALD WEST.
Mr. Booth charges that Gover
nor West was a Burns detective
preliminary to the land fraud
trials prosecuted by Francis J.
Heney and was engaged In Jury
packing.
This is a characteristic West
report on a prospective juror:
"A pretty good old man,
straight. Populist and Socialist;
has been- a rank reformer In his
time but now believes that
through graft and monopoly
everything has gone to hell and
it is too late to save the country.
He is one who -would be In for
convicting anybody, especially If
he were a Republican politician."
It was with names of such in
vestigated persons that the Jury
box was filled in the Jones case.
Legislature, two years before Senator
Mitchell was elected and four years be
fore Senator Fulton was elected. Did
he state a truth? I leave It to you.
And if he did not state It In these
cases. Is it credible to believe that he
stated It In any?
He says something about school
lands. There were no school lands va
cant then when we purchased this. We
got the school sections in that terri
tory on that map from Governor Bliss,
of Michigan.
Charge Goes Back to Boyhood.
He says that we were active in scrip
ping. Let me tell .you this: That the
lands that I have shown you were near
the raiiroad; they were the frontage,
and the even sections there had been
taken. Why don't he tell you what he
might have known, that more than
four-fifyis of all the lands that either
company that I represented or was
ever associated with, ever had, the title
to four-fifths of them had passed from
th Governor when I was a boy of 6 or
8 yearE old. He coutd have as well
said that I was in league with the Al
mighty to make Adam, that he might
have gone down to this generation that
might get these lands. (Applause
and cheers.)
He said that I had my brother ap
pointed to the land office that these
tilings might be done. They were ac
quired before my brother was in the
land office, and if he is a man unfit
for this position why did Governor
West appoint him, at his own solicita
tion, as a member of the State Agri
cultural Society?
He said furthermore about these
lands that we had gotten in connivance
with the Government, that the officials
or with politicians in the Klamath In
dian Reservation, that we had robbed
the children. Listen to me. The title
to those lands, extending from Eugene
to Idaho, passed from the Government,
In 1864, under a Democratic President,
by the request of a Democrat, ex-Mayor
Pond, of San Francisco, and the presi
dent of a large banking concern, and
the titles to those lands were adjudi
cated by the -Supreme Court of the
United States. Could there have been
any connivance?
Citizens Appraise Lnnds.
But listen to this: When we bought
them 111,383 acres lying within the
Klamath Indian Reservation was in
litigation. We made a contingent
price. The company who owned them-
was to carry this through the Supreme
Court; where it was then lodged. They
did. The company won, and then- it
was that the United States Government
had lands allotted lo Indians; 21,000
acres of them that belonged, not to the
Government, but to this road company
that had acquired title in 1S64. What
did I do then? I went to the Govern
ment to ask them what they desired
us to do, and they said by act of Con
gress (I have it here before me on this
table, and we ask you all to see it)
that the Secretary of the Interior be
authorized and. instructed to classify
these lands and ascertain at what price
in cash we would sell them or upon
what basis we would exchange them
for other lands.
They were examined and classified,
and here is what occurred:
A representative of the Government
and a representative of our company'
went over the land. We classified them
into 16 different classes. We went then
to the representative men in Klamath
County, asking them to appraise them,
and they were appraised by eight dif
ferent men, including merchants and
bankers and the Assessor, and then we
made this proposition to the Govern
ment
Proposition In Shown.
. I will only read part of It, but I will
leave it here for you all:
"The lands of this company therein
whereto its title is settled by the afore
said decision of the Supreme Court
comprises about 11,000 acres of odd
numbered sections. To determine I
fair and proper price therefor as of
present time the company recently
caused the land to be examined, tract
by tract," and so on, and made a re
port, which follows here. It shows a
total acreage of 111,383; an average
valuation by the eight people of Kla
math County of $8.11. But we said to
the Government (I wish I might read
this all. but the time is slipping by
rapidly.) Instead of asking them $8.11
we said we were willing to take $7.50,
or this and I ask you to hear it: "Or
we will exchange them for an equal
area of equal value, and if we cannot
determine this by our representatives
we willjio It by any sort of a board se
lected in any manner that is fair.
They sought to exchange lands with us
rather than to pay the cash, and that
we did. We offered to exchange these
lands for others within the reserva
tion and for a lesser sum.
Commissioner Praises work.
These appraisements, men and wo
men, did not Include the two-story
white houses, many of them, that were
on those premises, and owned by the
Indians; they included none of the Ira
provements; we excluded them alto
gether, and then we said to the Gov
ernment, "We will take 87,000 acres."
And what occurred? When this agree
ment was made I went to the Interior
Department. Mr. Hitchcock was the
Secretary and I was under indictment.
Is there anybody here that thinks he
gave me the best of the trade, or that
I could Impose upon him? Listen to
what happened.
When the trade was agreed to, at his
siirg-Rtinn thn hill th n t HithfiTixH thin
was to be written in his presence, ap
proved by him before it was ever, in
troduced. It was Introduced," referred
to the Interior Department, by them to
Mr. Leupp, Commissioner of Indian Af
fairs, by him recommended, - recom
mended by Mr. Hitchcock, Secretary of
the Interior, and passed, and then it
ivas after it was all done that I have
from them this letter. This is from the
Commissioner of Indian Affairs. Mr.
Leupp:
1 am gratified, also, as I always am
vhen the tracks can be cleared of
accumulated obstacles to the progress
of another Indian tribe; and I think
that the way this matter was settled
will help the Klamaths to get their
minds into a better frame with regard
to their local industries. I am sure
that it couid not have been so satis
factorily arranged if your company
had not shown a broad spirit In deal
ing with the situation and meeting the
Department halfway in the measures
for adjustment." (Applause.)
Records Contradict Aeruer,
That is how we sold the land. Is
there a word of truth in what he said?
Absolutely none. These were matters
of public record that any man might
have known and that' I believe he did
know. But with the same spirit that
prompted him not to promote justice
but to thwart it. he made that state
ment, when the public records contra
dict him. He said the remainder of it,
500,000 acres, or 400,000, or whatever
It was, we sold to widows, and so on,
by a lottery scheme. Listen here.
We sold that land I have all of
these documents here and I can pre
sent them to you entirely we sold all
of those lands to Harry Hunter, of
Minneapolis, and one man. or two, who
were associated with him. The con
tract was written in this city by Ar
thur L. Veazle, our attorney. Every
payment that was made was covered
by a receipt In his office, and I au
thorize him now, and would have had
him here had he been in town, and
release any confidential relations that
he may give to you the facts Just as
they are.
The contract was carried out precise
ly, except where we granted a little
extension, and I have here the record
from our bookkeeper of every payment
that was made. Mr. Hunter In his com
pany took other men in partners, in a
partnership, so he tells me. The rec
ord shows that that company trans
ferred them to a corporation formed In
Arizona by the name of the Oregon
Military Grant Road Company, and
they to a Kansas City concern, the Ore
gon Valley Land Company. They put
them, on the market and sold them.
We never had a cent interest beyond
that contract. Mr. West could have
known it if he had searched the rec
ords, either at Portland or at Lake
view and the counties through which
they extended. If he- did not, he is
at fault, and if the. facts I state In this,
and in relation to other things, are
true, Jie owes it to the people -of Ore
gon to apologize, and if he is a man
he will apologize to me. (Applause and
cheers).
Heavy Taxes Paid.
He says that I am a tax-dodger. Here
ate what the facts are. First, as to the
legislative proceeding. There was a
bill Introduced by a gentleman from
Multnomah making a special act to as
sess timber land. They say . that I
killed it. My vote, with others, did,
and I have no apology to offer for it,
because I stand here as a fair-minded
man to say that the timber is bearing
its just proportion.
Here is what has transpired: Since
our company was organized we have
paid over $304,00Q into the treasury of
Lane County as taxes. And listen here.
Since all of our lands were acquired
and without the acquisition of another
acre our taxes have increased under
the present law seven-fold. Here Is
the statement (exhibiting paper). I
offer it to you all. And as to the lands
on the other side of the mountains, we
paid when we' got them $5000 taxes;
now we pay $15,000, with only about
a seventh of the land left. Am I a tax
dodger? That Is the record. Our books
were open to our assessor and there
has never been cny complaint.
Listen, then, Just to. this last state
ment, but I must close, for my time is
up, though I am not half through with
the first charges that he made. I will
attend to them a little later as rapidly
: I can.
Now. as to political manipulation. I
never received a favor of the Commis
sioner of the General Land Office or
any Senator or any Congressman, and
hear me when I tell you that I have
never asked it, never wrote a letter
that affected any title to a single acre
of our land. Why did not Mr. West
tell you that of all the lands, more than
million acres that we have handled.
more than 99 per cent of it, more than
95 per cent of it. had the title Initiated
before our company was organized? I
speak from the records. NAnd further
more, men, never oias there been yet
actual disposition and final disposition
of an acre that we own, not an acre,
and there never has been attacked
more than five claims, less than one-
tenth of 1 per cent of the lands that
we have handled. So you see that we
go up in the Royal Banking Powder's
class, our Governor notwithstanding.
(Applause.)
Chairman Sabine: I have the honor
to introduce the Governor of the State
of Oregon, Mr. Oswald West, who has
one hour.
Governor West was greeted with ap
plause and cheer.i.
Governor West's Reply-
Governor West said:
My friends, this is a most important
meeting, because serious charges have
been made against Mr. Booth by me. If
the charges that I make cannot be
proven, then he has been done a great
wrong. If the statements I make- to
night can be proven, then the people
of this state have been done a great
wrong through Mr. Booth's presuming
to be elected to the United States Sen
atorship.
Now, I am not going to take the
time of the evening to answer soma of
the charges that have been mad by
Mr. Booth. I .am not running for the
Senate.
(There were cries from the audience
of Answer them, mixed with hisses.)
Governor West: Tomorrow evening
I will be glad to tak e up any charges
that - Mr. Booth has to make against
me.
(Cries of "Louder." "Do It now," and
cheers.)
Uproar Drowns Speaker's Words.
Governor West: Now. friends I have
one hour, which I am going to take in
setting forth the charges against Mr.
Booth. Mr. Booth has mentioned my
naming his brother as a member of the
State Board of Agriculture, which is
true. His brother was named by Gov
ernor Frank Benson, a man whom I
highly honored; we were personal
friends, and I was pleased to leave him
In that position. Mr. Booth might have
gone further and told you that when
his brother Henry and himself were on
trial I reached my hand out to them,
the same as I have done to men in the
penitentiary who have transgressed the
law (applause and hisses) because I
didn't want to see them convicted, and
I went down
(The speaker's voice was drowned
by the uproar in the audience.)
Governor West: He might have told
you that I was on the witness stand
(The speaker's voice was drowned
by continuous uproar in the audience.)
Mr. Booth: I would like to say a few
words. Mr. Chairman.
Chairman Sabin: You may.
-Mr. Booth: I would like to ask every
friend that I have in this audience to
give the Governor a respectful bearing
(cheering), and furthermore, if the
time allotted him Is not sufficient I
most cheerfully will grant a request
that the chairman extend it
Governor West: All I ask is an hour.
Thank you. I would have told you that
I went on the witness stand and I
went out of my way to say good things
about Mr. Booth and his brother.
Governor Relates Incident.
That reminds me of a little incident.
There was a man In the prison who bad
a good record while there; he had
earned hjs credits, and when he asked
me for a pardon It was given to him,
a pardon that set forth his record and
carried out to the people of the state
the fact that he was a man that was
trying to do good and asking the help
of those with whom he might come in
contact; and after a time word came
back from an adjoining state that this
man was being given a position as a
guard on the walls of a prison in an
other state: and I saw a picture of
that man walking that wall with, his
rifle, an emblem of authority, as It
were, watching the men In the prison,
and I thought I saw a prisoner ap
proach him and say to him, "Brother,
you are one of us; you are not of the
eople on the outside; you are one 'of
us; you have worn our stripes; you
have eaten our food and you have
walked to your cell to the time of the
NOT TAX DODGER.
Governor West had charged Mr.
Booth with being a tax dodger.
Mr. Booth exhibited documents
disclosing that taxes on the orig
inal holdings of his company had
Increased seven-fold; that the
company had paid over $304,000
in taxes into the Treasury of
Lane County; that its taxes on
its Eastern Oregon lands are now
three times what they were in
the entire tract when acquired,
while only one-seventh of them
Is now owned by the company.
lockstep; you have answered to the
count. Now come, brother, give us the
gun that we may break these unnat
ural bounds and once more pray upon'
the public"
And my mind went to another pic
ture, and I thought of the help that I
had given Mr. Booth in his hour of
trouble, and I thought of the goods
things that I had said of him from
time to time. I wished him the best in
the world. But when the time that Mr.
Booth, notwithstanding his transgres
sions in the past, presumed to aspire to
the office of United States Senator.
then it was no longer a personal mat
ter with me, no longer a matter of duty
between me as an Individual and Mr.
Booth and his brother, but it was a
public duty: and I saw a picture of Mr.
Booth armed with his commission, his
emblem of authority, at his post of duty
in Washington; on one hand was the
people, on the other the interests, and
among them the Kribbses and the
Blodgets and the Jones and the other
big timber operators, and I could see
them coming to the Senator and say
ing, "Brother, you are not of the people,
you are one of us." (Applause). "You
have walked with us through the mag
nificent forests of Oregon. We have
bought railroad lands together at a low
price: we have taken advantage of the
fact that we held the key to the situa
tion, and we have made the humblt
homesteaders give us claims that were
worth $4000 and $5000 apiece for $50.0.
We have taken unfortunate brothers
and paid them a paltry sum to assist
us in robbing the people of the state of
Oregon of their birthright. Come,
give us the power that you have and
we will tear away these unnatural fet
ters that are protecting the natural
resources of this great Nation and we
will once more roam in green pastures.
We. the self-annomted. are the ones to
care for these great resources, not the
common herd.
West Reads Indictment.
r That Is the picture I saw. And I will
tell you, my friends, it is my duty not
only as a public official but as an in
dividual to fight a man whose record
of the past shows that there may be a
spark of the old fire still flickering In
his bosom which may be fanned to
flame Ty the entreaties of his friends
who would meet him In Washington in.
the late hours of the night. (Applause,
mixed with cheers of "Booth.")
ow, ladles and gentlemen, I am
here to make some charges against
Mr. Booth, who is a candidate for the
United States Senatorshlp. In the
court of public opinion of the state of
Oregon this is an indictment: Oswald
West, plaintiff, versus R. A. Booth,
defendant. R. A. Booth is accused in
this indictment of having looted the
public domain, proven unfaithful as
a public official, and of being a pious
fraud, as follows, to-wit" (Laughter):
"That the said R. A. Booth has re
sorted, to fraud, violated the laws of
the land and betrayed his trust as
public official in order to add to his
timber holdings and his 'wealth; that
be has ignored the laws of the state
of Oregon and used his power of place
to pray upon his less fortunate broth
ers. has sought through monopoly to
control natural resources, which are
the birthright of all, and thus enabled
the House of Booth to levy tribute
upon generations to come; that he has
borne false witness and caused others
to commit perjury in order that he
might retain ' such of his holdings as
were gotten unlawfully; that he has
for years been deceiving the brethren
of his church In that he has led them
to believe he was a Christian In spirit
and truth when in tact he has merely
used his religion as a cloak to cover
his predatory activities. (Applause and
cheers, with hisses.)
"Dated at Portland. Multnomah
County, Oregon, this 23d day of Octob
er, 1914, and signed Oswald West."
"Prove Them," Cries Voice.
The witnesses are the records of the
Federal Court and the records of the
state of Oregon.
A voice: Now prove them.
Governor West: That is what I a
here for. (Applause.)
Now, my friends. Mr. Booth in his
Albany speech said :"The title to al
most the whole of our lands was se
cured by the railroad company and
settlers years before our company was
even organized. The small fraction
remaining was honestly acquired by
purchase from owners who at their own
instance initiated thelr title and per
fected their rights. We never exploited
the public domain by locating people
thereon. Listen! "Ave never exploited
the public domain by locating people
thereon, as has frequently been charged
against timber concerns." Don't forget
that statement. "I wish specifically to
state that we have never by any meth
od wrongfully acquired title to an acre
of land. No one knows this better than
representatives of the Government who
Investigated It.
Now, my friends, I am going to read
from a brief supplied by the Govern
ment when the case in which Mi
Booth's company was Interested went
up to the United States Circuit Court of
Appeals. Tne dcislon in that case
was rendered by Judges Morrow. Ross
and Gilbert. This, brief was prepared
by united states Attorneys long at
ter the time of Heney and Burns, by
a man wno is a member of his own
party, whose appointment was secured
by many of Mr. Booth's friends and who
never dreamed when he wrote the
brief that Mr. Booth would be a Sen
atorlal candidate.
Now, I want you to remember this
when we start in, that between Janu
ary, 1902, and January, 19C3, J. H.
Booth, Senator Booth's brother, was
secretary of the company and Re
ceiver of the United States Land Office
at Roseburg. Or.
Now Mr. Booth had some poor rela
tions. One was named Alice LaRaut:
one was named Stephone LaRaut. an
other Lucy LaRaut and another Ethel
LaRaut. (Laughter). These four rela
tives took claims on what is known as
Brumbaugh Creek, which I understand
Is a branch of a river which runs Into
one fork of the Willamette River, in the
territory In which Booth has been op
erating. The United States Attorney
in his brief says. "Alice LaRaut, Ste
phone LaRaut and Ethel LaRaut. took
their clams under a prior agreement
with Booth that they were to be paid
$100 each for doing so, over and above
the costs and expenses of the claims.
Edward Jourdan entered his claim un
der a similar agreement with John F.
Kelly.
In accordance with said prior agree
ment all details of perfecting title were
attended to by the defendant company
and preliminary expenses were paid by
it. the .applicants giving no attention
whatever thereto. -
Kelly's Part Questioned.
"The company paid for publication
and charged same to Its stumpage ac
count. It made no charge therefor
against the individuals.
"All patents delivered to Frank A.
Alley, November 9, 1904. at request of
John F. Kelly."
Remember that. Here are a number
of people who have gone to the Land
Office to file on timber land. Mr. Booth
says not for him but for themselves.
Now, remember when the patents were
issued by the Federal Government that
John F. Kelly goes into the Land Of
fice. What business then did he bavn
to go into the Land Office and say to
the register and receiver, "Turn those
patents over to the attorney for the
Booth-Kelly Lumber Co"? And whac
right did Mr. J. H. Booth, who was re
ceiver of the Land Office, and Mr.
Bridges, who was register of the Land
Office, to comply with the request of
Mr. Kelly?
. "The company paid purchase price of
land to Government and all fees and
expenses upon final proof. In July, '
1902. following the final proofs in May
previous, each of the applicants exe
cuted and delivered deeds for the land
to the company or to R. A- Booth and
each received from the company $100.
"The Edward Jourdan deed was dat
ed July 22, 1902, but was not recorded ,
until September 6, 1907."
Remember that, during that time
there were land fraud investigations.
Deeds Later Destroyed.
"The four deeds were not recorded
but were retained until the latter part
of 1904 or early In 1905, when the land
fraud investigations and prosecutions
in Oregon were in progress, when they
were returned to the makers and des
troyed. The LaRauts made other deeds
in 1907. Lucy and Ethel were each
paid $25 upon execution of the
latter deeds. Three years after exe
cuting their second deeds, when they
were aoout to go to Canada, and
agents of the Government were mak
ing inquiry about their entries, and
shortly before this suit was commenced,
Stephen and Alice LaRaut were each
paid $50 by the company.
"The applicants and patentees never
saw the land entered by them except
when Brumbaugh took them to the
land before the entries were made.
They never made any effort to dis
pose of them, never inquired the value
thereof or the amount of timber there
on or took any Interest whatever there
in: never inquired as to the expense
of the entries or whether taxes were
being paid thereon, notwithstanding
they were always in poor circumstan
ces. Company Pays Coat, He Says.
The - books of the company show
that it assumed control and owner
ship of these lands immediately after
proofs, and charged itself with all
expenses relating to these lands, begin--
ning with its cruise thereon up to the
present, including .taxes.
The stumpage account contained
somewhere close to 150,000 acres. The
total of . $301.03 above, made up of
small Items of expense upon said
claims, designated 'Brumbaugh Land
Claims', was nowhere charged to the
individuals but was carried into the
stumpage account under the general
item 'cruising' ."
Now the cruising of the company on
those claims shows that they averaged,
the five claims I have mentioned, about
6.750.000 feet to the quarter section;
the cruisings of the Government show
that they averaged 8.530.000 feet. Now
taking the two together they would
average 7,500,000 feet. Figuring the
stumpage at only fifty cents on the
ground, these claims were worth $3,-
7a0.00 apiece: yet the poor relations
were obliged to turn them over to the
Booth-Kelly Lumber Company for $100
apiece. (Applause).
Comment of Brief Quoted.
Now it is said in the brief that, "It
is believed a proper construction of the
facts as shown by the circumstances
and the acts of the parties, renders
the pretended explanations of the de
fendant and entrymen absolutely ab
surd and untenable, and unerringly
points to the truth of the allegations
in complainant's bill of complaint, and
fully justifies and demands a cancella
tion of all the patents Involved In the
suit."
Now, before the claims In controver
sy were filed upon the Booth-Kelly
Lumber Company had the lands cruised,
together with other lands in the vicin
ity, and was then and had been for a
year prior thereto engaged in purchas
ing timber lands in that vicinity.
"Title was immediately taken to the
Dunbar. Roche, Brumbaugh and Jor
dan claims. Dunbar and Roche were
employes in the Booth-Kelly Lumber
Company. They filed on lands in the
same locality and were paid $100
apiece at the same time. But later on,
when the Government Investigations
were on and the Booth-Kelly Lumber
Company needed the testimony of Mr.
Dunbar and Mr. Roche to square ac
counts with the Government, they were
given about $800 more apiece. That
was a number of years afterwards.
' Conversation Is Reported.
"That Alice and Stephen LaRaut en
tered the land in behalf of tha defend
ant company through an arrangement
with R. A Booth is shown by the fact
that the matter was the subject of
family conversation, as related by the
witness, Mrs. Applestone. she was a
daughter of one of the LaRauts, Mrs.
LaRaut "which occurred about the
time the entries were made or Imme
diately prior thereto. These conversa
tions gave the amount to be received
by the entrymen as $100 each, for the
services in making the entry on behalf
of the company. The books of the com
pany show that these parties did, sub-,
sequently, actually receive the sum of
$100 within a fewweeks after they
had made proof, and thereupon deeds
conveying the absolute title to the com
pany mere made. Now in reference to
this Jordan claim of which I speak, the
United States Attorney said in ar
guing the case, "To submit argument
to show that the Jordan entry was
fraudulent would be like arguing that
It is day when the sun is shining."
"The land embraced in the several
entries would not in such case be car
ried into the general invoice account
of land owned by the company, but
would be kept separately in the ac
count of each Individual."
Loan Is Questioned. -
If Mr. Booth had done as he says he
had done, loaned these people $100,
when these land frauds came on as
stated In this Government attorney's
brief, without a consciousness of wrong
aolhg, thpse deeds would not have been
oestroyed in December, 1904. or In Jan
uary, 1905, when the land fraud prose-
I
t