The Sunday Oregonian., October 25, 1914, Section One, Page 11, Image 11

11
STENOGRAPHIC REPORT OF SPEECHES IS HERE GIVEN IN FULL
THE SUNDAY OREGOXIAX, . FOTCTL.AJTP. OCTOBER 25, 1914.
cutions were arising in Oregon. It re
minds me of a little nursery rhyme
which I heard the other day, which
says:
There was a man In our town
Who saw a splendid prize
In grabbing deeds to timber claims;
For he was wondrous wise;
But when be found the tale was out.
With all his might and main.
Be said the deeds were not bis own
And tore them up again.
(Laughter and applause).
He says in this brief, "If it were
true, as stated by Mr. Booth, that these
people were taking up -lands for their
own use and benefit and not for him,
if it were true that Robert Booth was
merely attempting to assist his rela
tives, there was no necessity of paying
them each $100 after the entries were
perfected. It could not well be that
the property of each was identical, and
in order to relieve the same that each
should have exactly the same sum that
was paid to Jordan, to Brumbaugh, to
Roche and to Dunbar."
Railroad Claims Discussed.
Now, friends, I want you to under
stand the situation. (The speaker here
produced a map, to which he referred.)
There were railroad grants in that
section of the country. For a certain
distance on each side of the railroad
the railroad company was given the
odd sections to aid in the construction
of the Oregon & California Railroad.
Now, when Mr. Booth became engaged
In the lumbering business and he be
, gan to cut timber that went with a
"little sawmill that he had leased from
Jones & Cook, or whoever it was, he
ran onto these wonderful claims that
were owned by the railroad company
and they immediately set about -o se
cure title to some of them at a low
price, which they were able to do
through friendly officials.
That left, you see, in between these
odd, sections which are marked in red,
the even sections, which were either
vacant or had previously been taken
by entrymen. Now after acquiring title
it was their aim to consolidate their
holdings and acquire title to these
even sections. That is why they were
taking advantage of the situation after
they had secured from the railroad
company a branch line into the Wend
llng mill. The only railroad construc
tion that we enjoyed in this state for
about 20 years was the few miles that J
were built between Springfield and Eu
frene, from Eugene to Springfield, to
the Booth-Kelly mill, and the branch
line up to Wendling, to accommodate
the Booth-Kelly people.
Slnsle Mill In Use.
Now they had the only mill In that
district and those who had timber in
there were obliged to sell to the Booth
Kelly people at a mere pittance; and
then they set about to gather these
other claims, the LaRaut claims and
the Jordan and Brumbaugh and Roche,
and others, were filed over beyond the
Cottage Grover somewhere, as I re
member it. Now, Mr. Booth, in order
to save those lands, went on the wit
ness stand and testified that those peo
ple had taken them for their own use
and benefit and that either he or the
company was merely loaning them the
money. I want to read you Just a little
testimony here from some of this. I
want to read you what Judge Bean
said. You know Judge R. S. Bean, the
Judge of the Federal Court. I want
to read what he said about the Dunbar
claim.
He says "The fact that the money
was advanced by the company and the
manner in which the books were kept,
as well as the circumstances surround
ing the entry, were suspicious, and
standing alone tends strongly to sup
port the Government's contention. But
with the explanation given by the wit
nesses they are not sufficient to over
come the respect due to the patents or
the presumption which attended their
issuance." (Cries of "louder") "That
he took the land not for his own use
and benefit but for the defendant com
pany. His testimony in this respect
Is confirmed by the entries in the books
and the circumstances attending these
entries.
Court's Comment Quoted.
In other words Judge Bean held that
the Jordan entry was bogus, and that
the statements made by the company
that he was taking the claim for his
own use and benefit were false. (Ap
plause). ,
Mr. Jordan was one of those labor
ing men working for the Booth-Kelly
Lumber Company, one of the laboring
men about whom Mr. Booth is so so
licitous, especially at this time when
he is running for the Senate. (Laugh
ter and applause).
Now listen. Jordan went to the wit
ness stand and testified that he was
asked by a representative of the Booth
Kelly Company to take this claim and
they agreed to pay him $100, and the
Booth-Kelly Lumber Company went to
the Land Office, where John Henry
Booth, . Virnther of R. A. Booth, was
Receiver, and Mr. Bridges was Reg
ister, went there and the Booth-Kelly
Lumber Company furnished the money
to pay the necessary fees. This is
what Edward Jordan said:
Edward Jordan la AVitneaa. j
"Edward Jordan, being called as a
witness in support of his application to;
purchase the lot" for which he applied.
Now the testimony was taken before!
Mr. Booth, remember, as receiver, and
before Mr. Bridges; and here is what
they asked him: Now remember he
was sent there by the Booth-Kelly peo
ple The bookkeeper of the Booth
Kelly people carried the check that
was to pay for the claim, and he sat
down In front of John Henry Booth,
who was secretary of the company
think now secretary of the Booth
Kelly Lumber Company, and he was
asked this question: "Have you sold
or transferred your claim to this land
since making your sworn statement, or
have you directly or Indirectly made
any agreement or contract, in any way
or manner, with any person whomso
ever, by which the title which you may
acquire from the Government of the
United States may inure. In whole or In
part, to the benefit of any person ex
cept yourself?"
He says, "I have not."
Good Faith Query Is Pnt.
"Do you make this entry in good
faith for the appropriation of the land
exclusively to your own use and not
for the use or benefit of any other per
son?" Answer: "I do.
"Has any other person than your
self, or has any firm, corporation, or
association any interest in the entry
you are now making, or in the land, or
In the timber thereon?"
Now Just think. There he was, sit
ting before J. H. Booth, the receiver of
the Land Office, the secretary of the
Booth-Kellv Labw Company, and
right at that time there was laid on
the countr by the bookkeeper of the
Booth-Kelly Lumber Company a check
Issued by the Booth-Kelly people In
favor of the Land Office to pay this
entry, and the contract was all made.
They were bringing that poor devil in
there to commit perjury for the paltry
sum of $100 in order that thev might
take his claim which cruised millions
and was' worth $5000 or $6000. (Ap
plause.) A Voice: What's the matter with
West?
Another Voice: He's all right.
. Governor West: Now, Mrs. La Raut
had a daughter by the name of Apple
stone. She went on the witness stand
and they asked her, "Where were you
living in 1902 and prior thereto, in
1901?" She said. "In 1901 I was living
in Portland. I think. Part of the time
with my mother and part of the time
In Portland."
Q. "Where was your mother living
at that timer"
A. "At Saginaw, Or."
Q. "Do you remember being up at
your mother's home in the Spring of
1902and Summer?"
A. "Yes, sir."
Q. "Do you know anything about
the entry of some timber land there
by your mother?"
A. "Yes, sir."
Q. "And the other members of the
family?"
A. "Yes sir, I do."
Q. "Just state now what you know
about that, and what information you
have about it."
A. "Well, at the time I was there
they- had come off from the claims."
Q. "You mean they had been put to
visit their claims?"
A. "Yes sir, they had been out to
see the land."
Q. "Well, who had been to see the
land?"
A. "My mother and step-father had
been." v
Q. "Who else?"
A. "And Ethel. That is, I know that,
because they were at the house there
STRIKING EXTRACTS FROM MR. BOOTH'S ADDRESS.
More than four-fifths of all the lands that either company that I
represented or was ever associated with, ever had the title to four
fifths of them passed from the Government when I was a boy of 6
or 8 years old. '
There has never been attacked more than five claims, less one
tenth of 1 per cent of the lands that we have handled.
My name is not mentioned in the Jordan claim save when he said '
that I had yothing to do with it.
The record shows, the testimony shows that the lands (four
claims in litigation) belong to the LaRauts and that is my state
ment to you tonight; Wait a while and see what the Supreme Court
says. But it is the sworn testimony of seven people, only one con
tradicting it.
He (West) Bald that no one else could ship, that we had shut up .
the resources. We don't own a tenth of the timber and there are nine"
mills there operating.
The Guard never came to my support until after the Governor made
his charges in Lane County, after he denied the statements they said
he made and it was proved .by 14 affidavits.
There are men in the State of Oregon enough ... to say that
the Democratic Royal Family shall not longer fill the offices of this-state.
and I knew they had taken up a tim
ber claim."
Q. "Now, did you have any conver
sation, or was there any conversation
conducted and carried on in the fam
ily there which you heard in relation
to these timber claims?"
A. "Yes."
Trend of Talk Asked.
Q. "What did they say about the tim
ber claims how they happened totake
them up, and all about it?"
A. "I talked to my mother about it
specially, and she told me that she had
taken up a claim and had taken it up
for Mr. Booth." (Laughter and ap
plause). Q. "What Mr. Booth T"
A voice: How is that, Mr. Booth?
(Also cries of "Booth").
Governor West: Just' a minute.
Q. "What Mr. Booth?"
A "Robert Booth."
Q. "How did she say she came to
take it up for Robert Booth?"
A "I do not remember. Just the
words."
Q. "Go ahead now and state the con
versation that occurred there without
being asked any questions; just goon."
A. "Well, we had talked about it so
many times, at different dates, and she
said that she had taken up a claim
for Robert and they were to be paid
a hundred dollars that is Mamma was
to be paid a hundred dollars for her
claim."
Now just remember what this man
Jordan was up against. (Laughter).
Jordan was working up there for a
small wage and Mr. Kelly tcalled him
up over the telephone.
Q. "What did Mr. Kelly say to you
over the phone?"
A "He asked me if I wanted to take
up a timber claim for him and I told
him yes." (Applause).
Q. "What did he say he would give
you?"
A. "That he would give me $100."
(Laughter).
expenses Promised, He Says.
Q. "What else was he to do, be
sides pay you the $100.00?"
A. "He was to pay for the land and to
pay my expenses."
Q. "And when you got to Roseburg
what happened?"
Now listen to this: " 4
A. "We went in there to prove up."
Q. "Who went in?"
A. "Us three fellows, Mrs. Roche, Mr.
Brumbaugh and myself. I do not know
whether that was the time that Mr.
Booth said, 'Stand back awhile, the
inspector was there. (Applause, and
cheers.)
Listen! listen. You are taking up the
time here. (Further applause anc
cheers with hisses.)
Q. "How long did you stand hack?"
A "Half an hour or such a matter
(Laughter.) We went back of the
main office and sat in the window
there for a half an hour or such a
time, and he called for us."
Q. "Who called for you?"
A. "Mr. Booth."
Q. "What Booth was that?"
A. "Mr. J. H. Booth."
Q. "Who furnished the funds at the
time you proved up, who furnished the
money?
A. "The Booth-Kelly Limner com
pany." Q. "Who carried the money there,
who had it there?"
A. "Mr. Roche, he carried a check."
That was the bookkeeper of the Booth
Kelly Company.
Q. "Who paid that check over to the
officers of the Land Office for your
land?"
A. "I gave that over myself. He
gave me the check when we got to
the Land Office." (Laughter.)
Company Chech; Issued.
Q. "Do you remember what kind of
a check that was?"
A. "The Booth-Kelly Lumber Com
pany's check, is all that I know."
(Laughter and applause.)
Now these claims were known as
the Brumbaugh claims, up the Brum
baugh Creek. Brumbaugh was an old
pioneer that the creek was probably
named for; and he had a son working
for the Booth-Kelly people doing a
little cruising, carrying compass, or
chain, or something, in the cruising
outfit, and he had been up there when
they cruised these claims, because he
knew they wanted it; they were using
him as a guide, and they wanted him
to file on one for them. So Daniel H.
Brumbaugh tells his story.
Q. "You took up a timber claim about
the same time as these claims involved
in this suit in this same locality?"
A. "Yes, sir."
Q. "Where was your claim in rela
tion to the Jordan claim?"
A. "Well, mine was in 84, township
21 and 22. and his is in section 2,
township 22. 1, I think."
Claim Joined Danbir'a.
Q. "Was your claim anywhere near
the Dunbar claim?"
A "Yes, it Joined It"
Q. "State the circumstances tinder
which you took up your claim . and
with whom you negotiated."
A. "There Is not very much to tell;
I can tell it in a very few words. He
asked me whether I would take up a
timber claim, and I told him I would.
(Laughter.)
Q. "Who did?"
a "He said on Brumbaugh Creek."
q. "And what else did he say as to
what he would ao you aiar-
A. "He told me he would furnish
the money."
Q. "What else?"
A. "And pay my expenses."
Q. "Anything else?" '
A. "And give me one hundred dol
lars." (Laughter and applause.)
Now I want you to remember that
it was either Jordan or Brumbaugh
that testified in there that when thes
gave them the hundred dollars they
held out $35 for a colt or a calf, or
something that they sold to him, so
he only got $65 in cash. (Laughter.)
A voice: He will make a great
Senator. (Cries of "Put him out.")
Another voice: How about Bliss, the
dorrupt Governor of Michigan?
Governor West: Now, my friends, I
just want to read you what Federal
Judge Morrow and Ross and Gilbert
say about these claims.
Decisions Are Cited.
"The deed from Jordan was not re
corded until September 6, 1907. The
LaRaut deeds were never recorded, but
in the latter part of 1904 and early in
1905, at about the time of the investiga
tion by the Government of Land
frauds In Oregon, those deeds were re
turned -to the makers and destroyed."
Now Ethel and Lucy LaRaut made
other deeds in 1907, at which time they
were each paid $25. On February 3,
1910, Stephen LaRaut and his wife
made a deed of their lands to the
company, and were each paid $50."
Now the Court says: "The expenses
of the instrument in going to Rose
burg. lodging there, and returning, the
recording fees, and the publication
notices were not entered in these in
dividual accounts, but were entered in
the books of the company under the
heading, 'Brumbaugh Land Claims,'
and were carried into the stumpage
account under the item, (Cruising.)
They were selected for the company,
and now after the court recites this
and speaks of Mr. Booth's testimony,
it says:
"These facts and circumstances are
sufficient to meet the requirement of
the rule that in 'a suit to set aside a
patent the testimony which it is done
must be clear, unequivocal and con
vincing." That is what the court said.
and they set the patents aside. (Ap
plause.) Now, my friends, Mr. Booth was a
public official at that tfme. He was
a Senator the same time that George E.
Chamberlain was Governor of the
state. They were both public officials,
both "charged with a sacred duty. There
was ais.chool fund to conserve and pro
tect. Now you remember I mentioned
Roche and Dunbar, two gentlemen who
were working for the Booth-Kelly
Lumber Company. Mr. Roche and Mr.
Dunbar went up there and filed on
claims and received $100. Up in that
locality perhaps they run out of peo
ple to file, the Kellys and Roches and
Dunbars had all taken up claims for
the company, and they wanted to se
cure title through the state, some state
base that th.ey might obtain. Now in
each township sections 16 and 36 be
longed to the schooN. children of this
state and if for any reason they are
lost to the state the state can select
other lands in lieu of them. That list
becomes a basis for other selections.
Now if those sections were mineral in
character, why, they would go back
to the Government and the state would
lose them and they could be used as
a basis for selection. My friend, T.
T. Geer. who is out telling the people
why Chamberlain should not be elect
ed, was Governor of the State, and he
had a friend there in the Land Office
by the name of O'Dell who listed a lot
of bogus deeds and who collected
thousands and thousands of dollars
from the people of this state and they
got nothing In return. Mr. Geer's
cousin was State Land Agent and it
was his duty to furnish information
as to this base, but when people came
there he could not give them the in
formation but sent them to General
O'Dell, who supplied it. Now down
came the Kellys to have some land
selected. Here is -an Indemnity list.
They came into the Land Office and
they wanted to select land, all of Sec
tion 14, 21 south, 1 west. 640 acres,
and they wanted to get 240 acres in
Section 4, 9, 21 south; that is up in this
territory (indicating on map.) Now
this is the way they proceeded. They
came into the Land Office, the Booth-
Kelly people came down there, or sent
their representative down therewith the
money, or mailed it down; it gatto
General O'Dell; and they assigned as
base for these selections certain lands
over here, section 86, 11 south, 35 east.
and section 36, 10 south, 31 east. 'That
Is over in Eastern Oregon. Those lands
were supposed to be mineral in char
acter, and they were assigned to the
Federal Government and the state
authorities alleged that they were
mineral in character and that they
were going to surrender them to the
Federal Government in order that these
lands might be selected for the Booth
Kelly Lumber Company. Now under
the laws of the state you can't pur
chase to exceed 320 acres of land; so
it is necessary for timber operators to
go out and secure someone to make
application for the land and turn it
over to them. That la the way the
deeds were secured by fraud; and that
is the way the Booth-Kelly Lumber
Company proceeded. They wanted to
file on these applications.
Landofflce Records Cited.
Now Mr. Dunbar was very much In
evidence. Mr. Dunbar was the clerk
who filled out the papers and they
sent them down to the Land Office,
three applications, one signed by Dun
bar, one by Bertha L. Kelly and one
by George H. Kelly. It is the Dunbar
claim I am particularly- interested in at
this time. He makes affidavit as fol
lows: "H. H. Dunbar, being duly sworn,
says that I am over eighteen years of
age and that I am a citizen of the
United States; that the proposed pur
chase is for my own benefit and not
for the purpose of speculation; that I
have made no contract or agreement,
expressed or implied, for the sale or
disposition of the land applied for, tn
case I am permitted to purchase the
same, and that there is no valid ad
verse claim thereto."
Now that application was filed in
that office on the 18th day of Decem
ber. It took a little time to go to the
Land Office, and it came back and it
reached the Land Office on the 4th day
of January, and the papers were fixed
out, prepared and sent to the Roseburg
office, or sent to Eugene, and on the
8th day of January, Just after it got
there, Mr. Dunbar assigns those school
lands to the Booth-Kelly Lumbar Com
pany. 'The assignment was made in
the presence of R. A Booth and Thecla
Dove, and R.'A Booth is the notary
public. (Applause.)
Nov listen. In order for the Booth
Kelly people to get these lands, have
that exchange made, the Government
had to accept these other lands, and
they were assigning the lands over
near the Baker City country, over
around Whitney in there that had been
sold by the State of Oregon One
claim had been sold on August 31, 1900,
a couple of years before: another one
on September 7, 1900, a couple of years
before, and here is another that was
sold about six months before. These
lands were all sold, and yet they were
attempting, through General O'Dell
and that outfit, to turn them over to
the Federal Government and deprive
those people of the title. Now, remem
ber, those lands at that ttme were val
uable timber lands. I know something
of the cruislngs up there. And T. T.
Geer. in his message to the Legislature
or 1903, called attention to that fact.
and to the fact that lands were worth.
as a rule, to exceed $10 an acre; but
he was not doing anything to stop it.
Those people were taken advantage of.
Land Transfers Pointed Out.
Now it went to the Roseburg Land
Office, and there was Mr. Booth, who
was secretary of the Booth-Kelly Lum
ber Company, to receive the lists and
send them on to Washington, but they
did not wait. They transferred that
claim to the Booth-Kelly people, that
school land that belonged to the school
children of this state when title was
secured, if they had been on the square,
on the 8th day of January, to the
Booth-Kelly Lumber Company. and
the State of Oregon, on the 1th of Jan
uary, received that assignment from
the Booth-Kelly Lumber Company, and
T. T. Geer, Mr. Dunbar, Mr. Moore,
as a member of the State Land Board,
turned It over to the Booth-Kelly Lum
ber Company, and then Immediately
after that, or on the 28th day of Janu
ary, the claim was transferred to the
Booth-Kelly Lumber Company, or one
of the Kellys as trustees; and it is a
peculiar thing about it that Mr. Dun
bar was acting as notary public Mr.
Kelly was president of the company
and Henry Booth was secretary of
the company, and, mind you, they bad
accepted those lands on that bogus
base and sent It on to Washington,
and when the Booth-Kelly Company
wanted to transfer it to John F. Kelly
they were obliged to send it down to
the Land Office to have John Henry
Rnoth RiB-n Alt Keoretarv nf the Booth-
Kelly Lumber Company. Then it went
to Washington and was turned down.
When it came back a relinquishment
was filed,- and when those relinquish
ments were filed for the same lists
the lands were not thrown open to
entry as soon as the. relinquishment is
filed In the Land Office at Roseburg,
Hut is sent on to Washington, and then
when the relinquishment comes back1
the land is thrown open to entry and
anybody can take it; but the records
show when that relinquishment came
back, on the very day that it arrived
at the Land Office, -in came Frank
Alley, who was looking out at that
time for the interests of the Booth
Kelly Lumber Company, and filed scrip
and took the land, and they have se
cured title.
Newspaper (flipping- Read.
Now, here is a little clipping from
the Oregon Journal of September 22,
1903 (Laughter and applause):
"Company gets all. The Deschutes
County ranchers claim to have been
tricked of lands. Timber scrip wins.
Ten thousand acres of timber pur
chased by corporation agent while
settlers waiting three days are turned
away. Two score ranchers,' settlers in
the Deschutes country, were given an
illustration of the greater skill and
larger resources of the big lumber cori
poration when at The Dales on Monday
morning." Now, it goes on and it
states that the Booth-Kelly Lumber
Company appeared there with scrip
that they received from the Oregon
Land Company that it bought out there
in the Klamath country, and there was
a large number of setlers in line, and
that they were the -second one in line;
the first man filed and they stepped
In there with their scrip, -It states, for
10,000 acres, and took it all, so that the
rest of the crowd were left out in the
cold.
Now, my friends, the Booth-Kelly
Company say they have not taken any
land for speculation. They bought
800,000 acres of the wagon road lands,
extending from Eugene down into Lake
County, and the western portion of the
claim was turned over to the Booth-Kelly
people, some they sold, 'and there was
500,000 acres turned oyer to a corpora
tion for the purpose of exploiting and
unloading it onto the widows and or
phans and the shop girls and the fac
tory hands in the East. That land was
known to have no value, and they
wanted to get rid of it, and they turned
It over to this outfit, and they knew
that it was no good, and they undoubt
edly knew. what those people were go
ing to do with it; and. as I understand
it, they waited for their money until
these people could unload it through
this lottery scheme and trick unfortu
nate people in the East into believing
that the land was of some value, and
thousands of dollars rolled into the cof
fers of that company.
Government Report Cited.
Now, my friends, I want you to un
derstand this: Here is a report bf the
Department of Commerce, made to the
President, showing something of the
lumber holdings in this state, and it
shows that the Booth-Kelly Company
and its affiliated companies, California-Oregon
Land Company and Oregon
Land & Live Stock Company, own in
Oregon 324,000 acres of timber. It
should be noted that a large proportion
of the stock of the Booth-Kelly Com
pany is now owned by individuals
closely affiliated with the Weyerhaeus
ers; H. E. Huntington, a director of
the Southern Pacific Company, is a di
rector in one of the Hammond com
panies; also Hammond interests are
connected with the Booth-Kelly Lum
ber Company interests through an Im
portant common stockholder. That a
substantial control of the land situa
tion and of transportation throughout
a large timber region gives a far
reaching power over the industrial de
velopment of the territory hardly needs
argument. The effect of such control
may be to unduly retard the develop
ment of the lumber industry within Its
territory, and to unduly influence other
economic activities. Moreover, those
who exercise economic control in this
fashion are likely to seek also political
control in order to make their positions
more secure.
An invasion of the political field by
powerful landed Interests is especially
to be feared when It touches the vital
matter of taxation.
Its effect Is felt in various phases
of taxation, but illustrations may be
conveniently shown from the taxation
of timber. It is notorious among tim
ber men and timber cruisers of Oregon
that timber lands In this state have
been very much . underestimated for
taxation.
Development Thwarted, Went Saya.
The holding of timber lands and
other lands Jn immense blocks far be
yond the amount necessary for econ
omy in the development of its re
sources has injurious effects that go
much deeper than the -mere evading
of just taxation. It retards the natural
development of great timber regions in
some of our states till the time when
development, not merely the lumbering,
but other or subsequent ' industrial
growth, may be directed to the greatest
profit of the large owners. . It Is only
as a means, to this end that they seek
to keep taxation at the lowest possible
point in order that they may not be
forced to put their land into use be
fore the point of greatest profit is
reached. . Individual Initiative and en
ergy are thus checked in many com
munities, and opportunities that would
naturally open on every side are closed
to the man of average means. When
development is allowed to take place,
the power afforded bj the great land
holdings gives their owners advantages
that enable them in effect to tax the
development itself and to still further
increase the Inequalities of the distri
bution of wealth."
Now it Is shown by that report that
the Weyerhaeusers and Booth-Kellys
are interested together; that the Ham
monds and the Booth-Kellys are In
terested together, and Mr. Huntington,
of the Southern Pacific, is interested
with him. What is to prevent those
people from sitting around the table
Borne day and saying. "Here we are
going to pool our interests and, join
hands and control the timber resources
of this country?" This is a broad sub
ject, and It takes time to go into all of
these details. They grow tiresome.
I made a statement, or , Mr. Booth
made a statement, a while ago, which
was as follows, or to this effect: This
is what he said in his Albany speech:
That the verdict upon the second bal
lot was "not guilty." I have a letter
here from a member of the Jury:
Letter From Juror Read.
"I happened to be one of the jury
men that sat on that case for nearly
three weeks, and we retired to the
Jury-room, I think about 4 P. M. on
Saturday evening, and did not agree
until 9 o'clock Sunday morning. R. A
Booth was the last one for us to
unite on, as we disposed of Henry
Booth and his brother-in-law. Single
ton, early Saturday night. We bal
lotted until midnight Saturday, and
then went to bed, and on Sunday morn
ing went at it again. The first ballot
was: Henry Booth, six to six for and
against; Singleton, eight for and four
against, and R. A Booth, nine for and
three against." (Applause and mixed
cries.)
Mr. Booth in his Albany speech there
says, speaking of the land grants:
"When our lands were purchased we
had no knowledge of this position:"
that is, the restrictions around the
grant. The restrictions were that the
land granted by the act aforesaid shall
be Bold to actual settlers only, in quan
tities not greater than one quarter sec
tion to one purchaser, and for a price
not exceeding $2.50 per acre. Every
man, woman and child in the state of
Oregon knew of that provision, because
the papers had been full of it. and
surely Mr. Booth, who was a good busi
ness man, when he went out to pur
chase thousands of acres of land from
the railroad company knew of that
provision when tt was accessible to
everybody. (Aplause.)
There was an affidavit came down
from Eugene the other day, to the ef
fect that I had made certain state
ments, signed by a man by the name
of J. M. Day. and I Just round here
that he was his own notary public; he
signed it Jeremiah M. Day. (Laugh
ter.) And I have a letter here from
a gentleman by the name of James
P .Zumwalt, who said that this notary
public was not there: that they were
together and they looked in the meet
ing and heard the Introductory re
marks, and they went out to perform
some duty, and be was with this man
all the time.
Old Letters Are Read.
Now the paper that was taking a
Tall out with me about that statement
is known as the Eugene Guard. It
formerly was with us politically, but
suddenly the paper came over to Mr.
Booth. I don't know why. (Laughter.)
Years ago when the former owners
of the Guard were operating or were
running the paper, and Mr. Booth was
going down to the Senate forgetting
that he was a public servant, and he
wanted to get a bill through for the
purpose of opening up the streams up
there so he could collect tolls, and the
Eugene Register was writing nice edi
torials about ir and they wanted to
get the support of this other paper.
they were getting ready for it, that
was in advance; so they sent a letter,
marked it "personal" and signed R. A
Booth, -over to the Campbells at Eu
gene and they sent a little check and
said, "Gentlemen: Remembering with
appreciation the many kind notices"
now that was a Democratic paper .up
there that was always opposed to Mr.
Booth; "remembering with apprecia
tion the many kind notices that you
have given our company during the
past year, and trusting that our ef
forts in the future may merit your
continued approbation, we beg to ask
that you accept a few dollars that we
enclose in aid of'your paper." (Laugh
ter and applause.)
Now the editor of that paper was
just as poor as Mr. Booth's relations;
but he sent the money back (Laugh
ter); he sent the money back. He says,
"Booth-Kelly Company: Enclosed please
find enclosure of the 5th instant, as
we are not aware of any service we
have rendered you other than in com
mon with the rest of the community.
We do not feel at liberty to accept
what we must consider a gift." (Laugh
ter and applause.)
"We do feel, though, that your en
terprising company should recognize
the Guard as a factor in the develop
ment of the community by a share of
your patronage. This from some cause
you have never seen fit to extend
tar" us. While we have never personal
ly violated any favor it has not been
because we didn't think it due us as
one of the leading publications of the
county in which you have such large
Interests. Respectfully, Campbell
Brothers. J. R. C."
How much time have I got?
Chairman Sabin: You have got two
minutes.
- Booth Offers Time Extension.
--Governor West: Now, my friends, ow
ing to the number - of interruptions a
little of my time wastaken up. and 1
want to bespeak for you a most respect
ful hearing. My friends can do me no
greater favor than by giving Mr. Booth
an opportunity. This is his time, and
he is entitled to consideration. Some
time, if you see fit, if I have said any
thing which Mr. Booth knows, or
charges that he could make of me, I
should be glad to meet them at any
time; but I hope that you will give
him a most respectful hearing. There
were other things I wanted to men
tion, but my time is up, and I want to
speak in behalf of Mr. Booth. (Ap
plause.) Chairman Sabin: The hour is getting
late. Mr. Booth has 30 minutes in
which to close.
Governor West: Please give Mr.
Booth a chance. It is his time. Give
him a respectful hearing.
((There was prolonged applause,
mixed with hisses.) .
Mr. Booth: Mr. Chairman, if Gover
nor West desires to make any further
charges, I am perfectly willing to ex
tend the time, but I do ask this, that
I have an opportunity to answer them
before the audience adjourns. That is
all I want. Does he want the time?
Chairman Sabin: Governor, do you
wish to say anything further?
Governor W est: What is that?
Chairman Sabin: Do you wish to say
anything further?
Mr. Booth: I am very willing to ex
tend the time. Governor, provided you
give me an opportunity to answer; you
may mention anything you like.
Governor West: vlf the crowd wants
It. (Continued applause and cheers.)
Governor West: row. my friends, I
dislike to take Mr. Booth's time, but it
you will be patient with me
Mr. Booth (interrupting) : Governor,
I don't understand you are taking my
time. We are extending the time sim
ply to give you an opportunity to cover
anything you like; and of course I will
have the same privilege.
Chairman Sabin: Yes, he would have
the same privilege.
Mere Kewspaper Clipping; Read.
Governor West: Now, when The Ore
gonlan, my friends, had occasion to
discuss and give an account of some of
the indictments in the land fraud cases,
it had occasion to discuss some of
these, and this was one of the things
it discussed, speaking of the operations
of Mr. Kribs: "In the case against
Henry Booth it is alleged that he re
ceived $800 from Frederick A Kribs
furnishing him with advance informa
tion as regarding lands about to be
placed on the scrip entry list. Kribs
at that time was representing C A
6mith, of Minneapolis, and was en
gaged in securing all scrip land which
was thrown open He found it to be a
hard matter to compete with the
Booth-Kelly Lumber Company, for the
reason that the company through J. H.
Booth was furnished with advance in
formation of any lands about to be
placed on the open list. Kribs had
made an arrangement with J. T.
Bridges by which he was to know
when the land was about to be opened
for entry. In this way - he became
able to compete in the territory of the
Booth-Kelly Company, and It is said
T CHAIRMAN PLEIADS FOR CITY'S
! GOOD NAME,
t The contrast in the treatment
f of the two speakers was observed
4 and commended on by Chairman
I Sabin while Mr. Booth was at-
tempting to deliver his final re
? marks.
t After Mr. Booth had been
J stopped by continuous uproar,
4 which the chairman first en-
4 deavored to quell by rapping the
gavel, and there had been a rl-
bald call for Miss Hobbs. Mr. Sa
I bin thus rebuked the disturbers:
J "We are here, ladles and gen
4 v tlemen, for a serious business. ''
! Governor West was listened to
patiently and carefully. Now, in
, the name of Portland and in the
J name of common sense and good
4 business, let's give Senator Booth
a chance to be beard. Let's not
j interrupt any more. The hours is
7 growing late. Let's hear what he
I has to say and make up our minds
I thereafter."
that through these transactions Bridges
was made the richer by at least $4000
for his efforts in helping Kribs to early
knowledge. Seeing that Kribs was
givfng hard battle, the Booth people
made a truce with him, and it was
agreed that the territory should be di
vided, and that Frank E. Alley should
represent both Booth and Kribs. It
was after this arrangement was made
that Kribs made the $800 payment to
Booth for services rendered. Bridges
in the meantime became sore, it is said,
and his source of revenue was shut off,
which was one of the reasons why he
gave testimony against the rest of the
gang.
Now, my friends, this is what I
wanted to call to your attention. Mr.
Booth was a public servant. I have
nothing particularly to say agairust
George Kelly. He is not wrapping the
cloak of religion around him. He was
In the market buying timber, and he
met the conditions and he had the
nerve to go up against them, but he
was not leading his brethren in church
to believe that he would not commit
anything of that kind, that he would
not induce poor laboring men and poor
relations to go and commit perjury; he
was out after timber, and he got It.
(Laughter.)
No Reflections on Good Men Meant.
Now George Kelly wasn't a public
official, and while I mention this I
don't want anything that I say to cast
reflection on good men who have come
into the Company's affairs of late
years, who are not responsible for
these things; who came here and in
vested their money, many- of them in
vested their money, and they are en
titled to fair treatment, and I honestly
hope that nothing I would say would
cast reflection upon those who are not
guilty of fraudulent transactions.
Mr. George Kelly and John Kelly
were not public officials: they were
engaged in the lumber business; but
Mr. Booth was a public official, a pub
lic servant, and there was the school
fund of this state that needed protec
tion. Did Mr. Booth come down there
to the legislature and introduce a bill,
or attempt to throw any safeguards
around the school fund? Did he en
deavor to see that the school children
of this state received a fair value for
their birthright? Did he? No. He
came down there with his phony appli
cations, and his clerks, and induced
them to file applications for that land,
and his friends who are sitting here
in the State House without raising a
hand raised the price, sold to him at
the minimum price. I say you might
go out and hold up a man who was in
easy circumstances; you might take
money from somebody that could af
ford it; but every man, particularly if
he is a public official, .has an obliga
tion which he holds to the school chil
dren in this state, and that is to give
them a square deal; and Instead of
coming down there as a public official
into the State House, and through con
nivance and fraud take the land from
the school children of the state in or
der that he might add to. the wealth
that he really did not need. Now" it
may be all right to Mr. Booth and his
crowd to obtain the birthright of the
people through the manner in which
he did; it may be a fine thing. The
natural order of things and the ideal
government is where none are rich and
all are well to do, where the man who
works has a fair chance. God Almighty
made the resources of this country In
order that the women and children may
be kept warm in Winter. He put them
there fdr the benefit of all mankind.
If he intended that the condition should
be different, then an ideal condition
would have been where the Standard
Oil Company owned all the oil, and
the Baers, of Pennsylvania, owned all
the coal, and the Weyerhaeusers and the
Booth-Kelly Lumber Company owned
all .of the timber. (Laughter). And
then what would happen? We could all
get a job In the sawmilL (Laughter).
Now my friends, I say to you that
Mr. Booth owed an obligation -to the
school fund of this state, and while he
was in the Senate and sending his
emissaries down there to take the
school lands of the state from the lit
tle children, there was one of his broth
ers the State Treasurer of this state,
rather a friend of his, and there was
Mr. T. T. Greer, his friend, who is out
campaigning for him. and he states in
his message to the Legislature in 1903
that there was in the hands of the
State Treasurer between $700000 and
$800,000 of that school und that be
longed to the school children of this
state, and it was not loaned out to the
farmers of the country in order that a
revenue might come in to the school
children of this state, but the treas
urer was loaning the money to the
bankers of the state and he was put
ting the Interest In his pocket. (Laugh
ter). Now where was Mr. Booth as a
member of the Senate? Was he bring
ing about the passage of laws which
would force the State Treasurer to pay
the money that he was receiving for
interest into the school fund? Indeed
he was not. But who did It? You
know who did it, (Cries of "Chamber
lain" and applause).
West Gets Applause.
Now, my friends, I am through, and
I want to say to you that Mr. Booth as
a public official had an obligation that
he was obliged to keep to the people
of this state. Wrhen he accepted the
position of State Senator it was his
Muty not to fill his own larder and to
take from the school children of this
state, but he was there as a public
servant, and because he did not throw
safeguards around the school fund and
the rights of the school children of this
state and took the lands for his own
enrichment he proved that he was not
faithful public servant, and now it Is
for you to say when you hear his story
whether he is the man that should be
sent to the Senate to represent you.
(Applause.)
Chairman Sabin: We will add seven
minutes to the time of Mr. Booth, giv
ing him an opportunity to speak now."
He will have 37 minutes In which to
make his reply.
Mr. Booth's Rejoinder
Mr. Booth: Vadies and srentlemen. I
will speak as rapidly as I can. You
have heard accusations bv the Oonriuir
of the Weyerhausers. of the Hammonds,
or tne railroad, of Geer and a lot of
other people. He has said, or intimated.
mat these people were associated with
us. Any statement that any Weyer
hauser or Hammond or anyone that he
has named is now or ever was asso
ciated with the Booth-Kelly Company
js raise. (Applause. Cries of "Prove it."
Also hisses.)
Give me a chance and I will prove It.
Give me a chance. (The speaker could
not proceed on account of uproar in
the audience, and the chairman rapped
vigorously for order.
Mr. Booth: Mr. Chairman, the man
ager of our company, the secretary of
our company, are on this platform.
Here is Mr. Dunbar. (Laughter.) Here
are men to say whether the statement.
Is right or not. (General uproar.) Just
a moment.
Chairman Sabin: Gentlemen, lets
have fair play.
Only Fair Play Asked.
Mr. Booth: All I ask Is fair play.
(The uproar continued.)
Governor West: Please give Mr
Booth a chance. Please do. Now he Is
entitled to his time, and we want to
hear what he has to say.
A Voice: All right, Ozzie. (Applause.) '
Mr. Booth: Will you hesr me or not?
(Applause.) All right. Mr. Dunbar"
says the statement is false.
A Voice: Good.
Another Voice: Cut it out, -
(Uproar.)
Mr. Booth: Now. a word. The state
ment that I said was false
A Voice (Interrupting): Prove it,
Mr. Booth: I did prove it. Here is
our secretary f
(The uproar in audience prohibited
the speaker continuing.)
Mr. Booth: All right. Mr. Dixon, the
manager, is here, and I will call on
him, and then I will make you this
proposition: Any man and I do it on .
the authority of -the manager whom;
the chairman of this meeting names,
may go and examine our stock books,,
and I defy you to do it
(The speaker was interrupted with
applause and uproar.) "
A Voice: Will you pay for It?
Mr. Booth: Yes,- I will pay for it.
(Applause.)
(The uproar continued and the chalr-
man rapped for order.) t
Governor West: Give Mr. Booth a;
chance, please.
Mr. Booth: After this Is done I want
to refer to the other charges here...
Please give me an opportunity. j
A Voice: How much did you give him
to testify?
Mr. Booth: Mr. Chairman, men, listen
Just a minute. MfT McLeod. I am Just
informed,- the secretary of the Ham
mond Lumber Company, is in the house.
and I will ask him to corroborate what
I have said.
(Mr. McLeod here stepped to the'
front of the stage and was greeted with,
applause mixed with hisses.)
Mr. T. B. McLeod: Ladies and gen
tlemen. I corroborate what Mr. Booth
sa"3. (Applause.)
Mr. Booth: Now, just a wora ( ue -f
uproar continued.) I want to ask you,
i . l i -.H erontlemen
(The chairman rapped vigorously
for order).
Mr. Booth: Let me ask you whether
I am to be given a chance to answer
the charges that were made. Will you ,
hear me or not?
(Cries of "yes"). t .
Mr. Booth: All right. Now give me -the
chance. That statement that was '
made has been pronounced false by
three men besides myself.
(.Cries of "who?" and general up
roar). ... '
Mr. Booth: I want to talk to you
now. I want to talk to yeu now about -the
matter that was referred to in the -brief
of an attorney. I will not us,.
tne Drier or ny f 11111 " - j -
tell you what is in the evidence and
In the Judge's decision. Please listen. .
These noor mountain relatives of mine.
two of them are on this platform, ana
I am going to ask them to arise in a
moment that you may see them and
then tell you the testimony of tho ,
case that is in this book.
-1- lading har KtOOd UD O II thC
platform, and were greeted wltnt.
cheers).
Cries of "'o" Heard.
Mr. Booth: Gentlemen, I want to ask
you whether a man Is to be condemned
(Cries of "no" and general uproar).
(The chairman rapped for order). .
A Voice: Let's hear Miss Hobbs.
Chairman Sabin: We are here, ladles
and gentlemen, for a serious business.'
Governor West was listened to pa
tientlv and carefully. Now. in the
name of Portland and in the name of
common sense and good business, let's .
irive Senator Booth a chance to, be
hnirfl Let's not interrupt any more. -
The hour is growing late. Lets hear
. . 1 , .1 mail, ln "l 11 T-
wnat 11 1" lias i ... --
minds thereafter. (Applause.)
Mr. Booth: I will dwell most of the
time on the cases at issue, but just a
hoctv x,--h -Hnut n. few things. The
Guard never came to my support until
, tn, a (Governor made his charges
in Lane County, after he denied the
statements they said he made and It
was proved by 14 affidavits. That is
what brought the Guard to my sup
port. The letter that was read here in
relation to money that I paid the
Guard, hear me on that point. Tho
Guard's manager came to me solicit
ing money for advertising. We had '
never advertised (Laughter) I gave
nim mo i miu 1 1 -"'--
(Applause.) No such letter as was.,
read ever came to me from him or ,
anyone else. It is a falsehood out of
whole cloth. (Applause
Wait a little bit. He said something
aDour me iiiiruuuniis .
any bill that had reference to any toll.
I never collected a dollar. Judge him
bv these statements.
And now to the record as to the La
Raut cases to which he referred.
-A voice What about the statute
Krtnlrn? 1
Mr. Booth: I will tell you about the ,
tntut. Hera is the decision rlerht
here. Five cases were involved. Four
of them were LaRaut cases. The evi-'
v. - - Vfh.l T.aP.iit An. n f
iha ladies here, came to me asking
about a timber claim; that I said to ,
v. . u . . . ... , 1,4 fitrtilsh t a mnriAV
carry it, sell it with our own timber
if we sold It; that is remote from
where we are operating, or cut it and
pay her by the thousand feet, if we
ever operated there, which we never .
have. That was my testimony: that
.was her testimony. No other person
could possibly know the facta It was
corroborated by the bookkeeper of our
company, wno sits nere. saying
(Interrupted with laughter and gen
eral uproar).
Mr. Booth: Walt a minute.
(Chairman rapped for order).
Mr. Booth: Hold on. Who else
could know the facts? Who else could
know the facts?
(Prlflc nf "WMt"V
A voice: Miss Ilob'jj. (Laughter
and applause).
Mr. Booth: My testimony showed,
(Concluded on 21.)
A
,