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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (June 27, 1915)
17 LAUD GRANT CASE MOST REMARKABLE DECISION TIES LAND OP TIGHT AS EVER Hospital. . Twq years age she went to Berlin, where she took a complete) course in the use of the x-ray. She returned to the United States just two months after the war broke out. Miss Danner is a sister of Mrs. W. E. Snyder. 22S East Sixteenth street, in this city. Here's Another Chance to Slake Your "House" Into a "Home" MAP SHOWING DISTRIBUTION IN OREGON OF UNSOLD PATENTED LANDS, TOTALING 2,074,161 ACRES, JN OREGON ANP CALIFORNIA LAND GRANT. THE SUXPAT OREGONIAN, PORTIvANP, JUJTB 37, 1913, Eighteen Large Volumes of . .Testimony Taken in Suit Lasting Eight Years. CONGRESS IS TO DECIDE Supreme Court Recognizes Oregon California Railway Company's Equity to $2.50 an Acre, as Originally Intended. One of the most remarkable cases ver fought through the Federal Courts was that decided by the United States Supreme Court last Monday denying the forfeiture to the Government of the Oregon & California land grant, but leaving- the disposition of 2,800008 unsold acres in the tract to Congress, with no restraint other than that it ' must guarantee the railroad company $2.50 for every acre sold hereafter. The Government's complaint which started the action to forfeit these 2, 300,000 acres to the United States was filed in the United States District Cour.t in, Portland on September 4. 1008. by B. D. Townsend, special assistant to the Attorney-General. Nearly five years later. July 1. 1913, Judge Wolver tort handed down an opinion declaring the land forfeited. It lacked only two months of being three years from the filing of the com plaint to the disposal of the demurrer of the railroad company to the com plaint. The demurrer was overruled by Judge Wolverton April 10, 1911. Testimony Flits IS Volonm. The trial which followed the over ruling of the demurrer and the filing of the railroad company's answer to the complaint lasted more than a year. Testimony was taken not only in Port laud, but in virtually every state in the Union. This testimony was so vol uminous that when printed it filled 1 large, thick volumes, 17 of which con tained 900 to 1000 pages each. It has been declared, and never disputed, that more testimony was taken than in any other case ever tried in the Federal Courts. In the office of the United States At torney in Portland there is now a big bookcase filled with printed volumes of complaints, answers, motions, testi mony, briefs and court opinions, all relating to this one action. After Judge Wolverton's opinion for feiting the land grant, the railroad company appealed to the United States . Appellate Court at San Francisco. This court, without passing on the case, cer tified the records to the United States Supreme Court. Its decision came near ly seven years after the case began. Some idea of the reasons" for the great Interest taken in the case may be gained from a few figures. First and foremost is the fact that the lands of the grant in Oregon are in 18 counties, and form a large proportion of the tax able property. The 1914 assessment rolls showed the total amount of taxes not paid because of Judge Wolverton's opinion forfeiting the grant, now re versed by the Supreme Court, though nil tha nthr fnhlrpii rtf .1 1 1 1 1 ir t Wntvrp, ton's opinion are upheld, to total 166, 872.87. Clarence Reames, now United States Attorney for Oregon, is authority for the statement that at least 20.000 other . persons, as applicants for claims, have been induced by fraudulent locators to pay a fee of $150 each for being lo cated on tracts in the grant. In some cases, it is said, as many as eight per sons were thus located on the same tract. None of the locations is of any value whatsoever. The history of the Oregon & Cali fornia land grant starts in 1866. In that year Congress as an aid to the construction of the Oregon & California Railroad, passed an act giving the com pany a grant of land consisting of al ternate sections extending for 10 miles on each side of its proposed route. As a condition, the act provides that a cer tain amount of track must be laid and that the company must file its accept ance in one year. The company did not fulfill either of these conditions, but in 1869 it applied for a further extension of one year. Congress, in an act granting this ex tension, added the proviso on which all subsequent litigation has been based: "Provided that the lands hereby granted shall be sold to actual settlers only, in quantities not greater than 160 acres to each purchaser, and at a price not to exceed 52.50 per acre." Additional Grant Allowed. In 1870 an additional grant, much smaller, was allowed by act of Con gress as a subsidy for construction of the West Side line of the Oregon & California, extending south from Port land on the West side of the Willamette River. This is the road that now runs to McMinnville and Corvallis. In subsequent years the Oregon & California and its successor, the South ern Pacific Company, obtained patents to a great portion of the grant. It also sold largo tracts in- violation of the proviso that the land should be sold to actual settlers and in 160-acre tracts only. It also refused to sell to actual settlers at $ 2.50 an acre. At this time there are approximately 2.300.000 unsold acres in the land grant. This includes lands to which the company has actual patents and those not yet patented, but which it has the right to patent and in which Its 52.50 equity as provided by the Su preme Court must be recognized. The number of acres to which it actually has patents, however, is 2.074.- J61. This is the acreage for which it actually has acquired title from the I' ederal Government and which, there fore, is subject to taxation. All of Grant Nut Patented. . The fact that the company has not yet obtained patents to all the land in the grant and that it exercised its right to exchange portions of the grant lor Federal lands in other districts, to which it has not yet obtained patents. explains the discrepancies in various accounts of its holdings, soma of the accounts saying' that the acreage is 2. 300. 000 and others that it is 2,074,161 The failure of the railroad company to live up to the terms of the grant. especially its refusal to sell 160-acre tracts to actual settlers, led to the adoption of a joint memorial by the Oregon Legislature in. 1907, petitioning Congress to take action. This memorial. Senate joint memorial No. 3, reads as follows: To Ills Excellency, the President, and the Honorable Henste and House of Representa tives oi tne Lnitea states of America: Your memorallst, the Legislative Assembly of the State of Oregon, most respectfully rep resents: . That vast tracts of lands within Oreeon are claimed ana neia Dy the Oregon 8c Cali fornia Railroad l.ompany. as grantee in sua cession, under the acts of Congress of the l.nlted States or July Jbue. and April That said tracts are withdrawn from sale. whereby the development and material pros, perlty of the state is retarded: That said railroad company, so claiming tNfU JtiUOS. I1B 1 1 T L uuiupiicu Willi U1B I . Til 1 .1 of said art of April 10. lS6y. as to the terms of sale and the quantities of land to be sold : That said conditions arc claimed to inure only to the United States as grantor to the Black squares are the alternate sections on both sides of the railroad Hue, in which the railroad's equity of $2.50 an acre is established by the United States Supreme Court, but the disposition of which is left to Congress. The map was compiled from descriptions given in the Government's complaint. The map gives some idea of the immense loss in taxable property the, state and various counties would have suffered had the Government's plea for forfeiture of the grant been sustained. predeoeasor in alleged interest of said Ore gon & California Railroad Company, and have not been complied with; therefore, Penalty Is Abacu, Too. Tour memorialist most respectfully asks that the Congress of the United States be and hereby is requested te enact such laws and take such steps by resolution, or other wise, as may be necessary to compel said railroad company to comply with the con ditions of said grant, and to enact and de clare soma sufficient penalty for noncom pliance therewith by way of- forfeiture of the grant, or otherwise, as in. the wisdom oi Congress may seem best. That the Senators and Represeutatives in Congress from the State of Oregon and all other land-grant states be and they hereby are requested to use their utmost endeavor to procure the needed legislation in the aUovw matter. ' That-this memorial be forwarded to the President ar.d to Oregon Senators and Repre sentatives in Congress. Filed in the office of the Secretary of State. February 14, 1907. This memorial was the direct cause of a resolution by Congress In 1908 di recting th Attorney-General of the United States to take the case into the courts. After Judge Wolverton's" decision of July 1, 1913, declaring the grant forfeit ed to the United States, the railroad company refused to pay taxes on the property. As in some of the counties the grant lands comprise a large or even the principal source of taxation. It was apparent that the forfeiture of the grant to the United States would not be the best interests of the state. Legislature Aftaia Appeals. Consequently at the last session of the Oregon Legislature the following resolution, designated as Senate joint resolution No. 24. was introduced and adopted by both houses: Whereas. The Legislative Assembly of the State of Oregon, at its regular session In 1907. adopted Senate Joint Memorial No. 3. urging the United States Congress to enact such laws and take such steps by resolution or otherwise, as might be necessary to .com pel the Oregon & California Railroad Com pany to comply with the conditions of the acts of Congress of July 25. JSW. and April 10, I860, granting to the predecessor In In terest of said railroad company, vast tracts of public lands within the State of Oregon, and requiring such 'lands to be sold to actual settlers at a price not to exceed f'J.oO per acre, and to enact and declare some suf ficient penalty for non-compliance therewith by way of forfeiture, of the grant, or other wise, as in the wisdom of Congrass might seem best, and urging the 8enators and Rep resentatives In Congress from the State of Oregon, and all other land-grant states, to use their utmost endeavor to procure the needed legislation In such matter, which me morial was forwarded to the President and to the Oregon Representatives in Congress, and. Whereas, Pursuant to the prayer of said memorial, and the efforts of the Oregon Sen ators and Representatives in Congress, ac tion hi compliance therewith was taken by the United States Congress, under which au thority suits were commenced in the District Court of the United States for the District of Oregon, and are being prosecuted by the United States, and are now pending in the United States Supreme Court, in which it is ought to forfeit such grant, end if the de cision of the District Court is affirmed, such will be the result of said suits and the land will revert to the United States Govirnmenl, and thereby be withdrawn from taxation by the State of Oregon, and its several counties and municipalities, and Whereas, Such granted lands constitute vast areas and a large percentage of the total area of several counties in which thty are located, as shown by the following table, taken from the report of the engineer to the committee created by chapter yjl. General Laws of 1913; f, go COUNTIES. 3o2..s Benton Clackamas. Columbia .. Coos ....... Curry Douglas ... Jackson , Josephine Klamath . . K'amath .. . Lane ...... Lincoln Linn Marion Multuomah Polk Tillamook . Washington Yamhill ... 53. 627:$ 53.0S .92 :j 20,078.76 30.HS1.O2 la.Ol 2.t2 SO.022.S2 2. 318.07 9tJ.lM)1.70 71.21it.20 35.S74.0O J0.3o9.r-o 10,ao0.&0 S0.r.27.00 2.108.22 J3,71.3S 8.273.4 2,323.26 J3, S07.5U 3, 444. US 4.876.54 4,461.22 ey.io 17. M7H lCB.r.OS 7,8-iril fllti,S4:! 154.2 io. US. 904 90.080. 15. .'., 13H.B01: 140.34S. 43.S19. ti4.2!0 64.2110, 1SD.2U0. 30.S4,. j:l.7S0. 1S3.7S4. SS2,520. 74,070. 11,117. 112,125, 89,510. .87 02 24 .47 441, 111 167.4SI 4:1.015 00 mi "4 4:1,015 14 50! 83 1 DO 13.00U til.Jltiti 30,1:5 9.047 80 1.3 MO 37.01 S 2K.T41 17.032 12 37 07 01, 2S.tiS;j Totals 2,074,161 . . .1406.872.87 Whereas, It is of vital Importance to the development of the entire State of Oregon, and several counties In which such granted lands ere located, that such lands should nat be withdrawn from taxation, but that they should be disposed of for settlement and development asder the terms of such a decree as the court may deem just and equitable,' now, therefore, be it Resolved by the Senate of the State of Oregon, the House of Representatives Jointly concurring. That the Attorney-General be, and he hereby Is authorized and directed to Intervene on behalf of the State of Oregon, In such manner as may be permitted and authorised by the xules of the court, or any court In which suit or sqlts may hereafter be pending, for the purpose of securing ana proteutlng the best Interests of the state or Oregon and its cltlsens, and to take any and all steps and proceedings which may be necessary or permissible to safeguard such Interest. Filed In the office of the Secretary of State. February 23, 1915. W. C. T. U. Notes MRS. MATTIB SLEETH, president of Multnomah County Woman's Christian Temperance Union, will speak next Sunday at the Vernon Presbyte rian Church. The County Woman's Christian Tem perance Union Institute held last Thursday at the home of Mrs. Lottie Murray, was one much enjoyed. Mrs. Alice Hanson led the morning service in a prayer and praise meeting. The afternoon programme was in charge of Mrs. Hattie Wilson. Those taking part deserve much credit for making the afternoon a suc cess. Much credit is due Mrs. Hidden for explanation of the departments as they were presented by the readers. The county Woman's Christian Tem perance Union presented cash prizes to pupils in the Portland public schools for writing essays on "Temperance" and "Hygiene." The prize of $10 was awarded to Miss Marguerite Landers, of Sellwood School- Miss Jeanette Tresnon, of the Stephens School, re ceived second prize of $5 for the best essay written by grade pupils. Gardiner Scliool to Be Standardized. GARDINER. Or.. June 26 (Special.) O. C. Brown, of Roseburg, County School Superintendent, together with F. B. Hanlin, city superintendent of the public schools of Roseburg. and II. M. Cross. Deputy County School Super intendent, were in Gardiner this week In the interests of standardizing the Gardiner High School. Disposition of Oregon & Cali fornia Grants Must Wait Act of Congress. LIVELY FIGHT IS EXPECTED Diversity of Schemes May Necessi tate Administration Getting Be hind BUI to Insure Action. Court Appeal Possible. OREGONIAN NEWS BUREAU, Wash ington, June 26. Under the deoision of the United States Supreme Court in the Oregon & California land grant case, the 2, 300, 000 acres of unsold lands are tied up as effectively as though the court had decreed a- forfeiture and no disposition, can be made of them until Congress provides the means and manner. The railroad company is adjudged to have $2.50 Interest in every acre that remains unsold and yet it is re strained from selling the land at that or any other price and is even re strained from cutting or selling any of the timber on the unsold portion of its grant. The reference of this question back to Congress means that a contest will be scheduled at the next session, far livelier than that over the Hawley resolution under which the Govern ment instituted Its suit. Unquestionably the Government will have a legislative programme to com mend to Congress, prescribing how the lands shall be disposed of. It is equally certain that the settlers who went upon the railroad lands, in the hope of compelling the railroad company to sell to them, will come forward with legislation giving them preference rights to purchase. Susrerestionsi by State Expected. With them will come the Interven ers, who offered to buy from the rail road company at $2.50 an acre, but were unable to negotiate, because of the railroad company's refusal to sell. The Oregon Legislature, at its last session, having directed. Attorney-General Brown to Intervene, If possible. In the suit before the Supreme Court, for the avowed purpose of aiding in getting the granted lands into private ownership, so they can be settled and taxed, it is the presumption of Gov ernment officials that the state, also, will have suggestions to make to Con gress. There is certain to be serious con flict over the opening of the Oregon & California lands, because of the diversity of schemes that will.be pro posed. It may become necessary for the Administration to get behind Its bill to insure action. District Court Appeal Passible. Under the decision of the Supreme Court, if Congress does not provide for the disposition of the unsold por tion of the grant, the railroad com pany may apply to the District Court at Portland for authority to resume sales under the terms of the granting acts, and that court, six months after rendering its modified decree, may grant such authority, in its discretion, and the sales by the railroad com pany may continue until Congress puts an end to them. The decision of the Supreme Court, through regular channels, will be transmitted to the United States Dis trict Court at Portland, and that court can exercise its Judgment as to the time when it is to render a modified decree in conformity with the opinion of the Supreme Court. The sooner the District Court ren ders its decree, the more promptly Congress must act, unless the district judge , declines to exercise the dis cretionary authority reposed in him to permit the railroad company to sell its lands, after six months from the rendering of his amended decree. PORTLAND GIRL NAMED MISS SOPHIE DASNER GOES AS RED CROSS NURSE ABROAD. Pacific Coast Representative of Amer ican Institution Is Title I Kasit Prussia Is Destination. Miss Sophie Danner, a Portland girl who has resided for some time in San Francisco, has been appointed by the American Red Cross, of Washington. D. C, as representative in Europo of the Pacific Coast, according to Infor mation just received in Portland. This is said to be the only appointment made in the West so far, on account ct the expense of transportation. Miss Danner sailed for Kurope from New York Friday. June 25, and will go on duty in Schlesien. East Prussia, pot far from the Russian border. Miss Dar ner received her early ed ucation in the old Central School, in this city. She took her first year of training as nurse in the North Pacific Sanitarium, later going to San Fran cisco, where she took a three-year course ot training in the German Ml! Sophie Danner, Portland 4-lrl. CitUMen by JRed Croa as Iaclfic Coast Representative . Abroad. s X- 1 1 1 V ' t . I r' r 6 - 7 ' y ' K ' ' ' Ik ! - J ! Y : I t J! I U4 I RUSH TO NATURALIZE FELT Pressure Being Brought to Bear on Foreigners to Go -to War. KLAMATH FALLS, Or., June 26. (Special.) Never in the history of the office of the clerk of the Circuit Court of this district has there been such a demand for naturalization papers as at this time. Seven applicants were passed Monday at the beginning of the June SCHOOL EXCELLING IX EIRE DRILLS TO RECEIVE! VAL. I'ADLB PRIZE, 4. wJut.v.X.,v. -..v..?..-...--v.-Ay.v-.--.? Cnp Offered by Safety Committee. Every public school In Portland Is to compete jn a series, of fire drills during the next few years, with a handsome cup as the prize for the school making the best record. The cup has been offered by the public safety committee and will be given at the end of the school year to that school showing the highest efficiency for fire drills and fire-prevention work. A se ries of tests will bo conducted by a board of. umpires at the opening of the school term in September and the award prob ably will be made soon there after. The cup-will not become the permanent property of any school, however, until it has been won three times in succession. term of court, and other applications will come up soon. According to Circuit Clerk Chastain, considerable influence is being brought to bear upon applicants through fra ternal and social organizations in their native countries to which they belonged before coming to. America, to returt. for service in the army or navy. BRONCHO MODEL IS SHAPED Sculptor ut Pendleton Is Putting- or Finishing Touches. PENDLETON, Or.. June 26. (Special.)- After ten months' labor, A. Phimister Proctor, the celebrated New York sculptor, who came to Pendleton for the Roundup last year to study the Indian, the oowboi and the bucking horse at close quarters, is putting the finishing touches to a model of a buck ing broncho, which is to be reproduced in bronze in the East. Bill Ridings, well-known cowboy, served as the model for the figure in the saddle. Since coming to Pendleton Mr. Proctor has finished a model of an Indian in flight, a cowboy bust and a bucking buffalo. Mr. Proctor also is working on another bucking horse, rearing on his hind legs. SCHOOL OPINION OBSTACLE Washington Attorney-General Says Fiscal Year Ends December 31. OLYMPIA, Wash., June 26. (Special.) An opinion of the Attorney-General's office, holding that the fiscal year of Washington schools extends from Jan uary I, has -puzzled school authorities as to the method of financing school districts for the remainder of the pres ent calendar year, as the school year always has been taken as the basis for raising and expending revenues. State authorities are endeavoring to help solve the problem, and representa tives of the Seattle, Spokane and Ta coma school districts have been invited to meet here next Wednesday with Qovern( Lister, Superintendent of Schools Preston and Attorney-General Tanner for this purpose. Tests for 3 Government Jobs Set- The United States Civil Service Com mission announces the following ex aminations, for men only: July 21, gardener, for a position at the Phoenix :l i' T0TAC 0MA July 2, 3,4, 5, 6 M0NTAMARA FEST0 and AUTO RACES At Lakeview f Use the NEW STEEL TRAINS of the NORTHERN PACIFIC RY. Leave Portland 7:35 A. M., 4:10 P. M., 11:30 P. M. Third Regular-Monday Clear ance Sale Opens Tomorrow Morning at 8 oXlock "Tomorrow morning marks the event of our third regular Monday Clearance Sale of Pianos and Player-Pianos, taken in trade by us during our weekly business. These Monday Sales have been prov ing tremendously popular with Port land people, and many shrewd buyers have taken advantage of this oppor tunity to purchase a high-grade Piano at a very small figure. fCo house can be called "home without a Piano. Why pot make your home worthy of the name, if you haven't a piano? Here's the opportunity. Tomorrow we have several especially attractive "buys'" to offer in Pianos and pjayer-Pianos which we have taken in part payment for new instru ments in the last two or three weeks.' We intend to mark these Pianos down in our Monday Clearance Sales to prices that cannot fail to move them. These prices are marked for this one day only, and every intending Piano buyer should investigate the genuine "snaps" that are offered. We must move them quickly, and take this method of "quick sales and small profits" to do it. . Following Is a partial list: Pianos, Was Xon Marshall & Wendell, ebon- ized mahogany $ 275 f r0 Opera, rosewood 325 Jlo Emerson, rosewood 375 ISO Nugent, rosewood 300 137 Wagner, oak 300 17 Kimball, ebony 350 its Strohber. mahogany., 400 187 Nelson, walnut 375 ins Schilling, oak 330 J7H Kraemer 275 IS5 Steinway, ebonized 575 io." Richter 300 lau Lester, oak 450 lti Mason & Co., mahogany.... 300 14.1 Hallet & Davis 450 Kimball, mahossny 650 275 Haines Bros., mahogany.,.. 600 2 Story & Clark, mahogany... 425' ait Smith & Barnes, mahogany. 415 :mo Kimball, rosewood, 350 25 Eilers. oak 425 i'a."! Ludwig, oak 400 215 Story 4c Clark, mahogany 500 270 Weber 600 313 Chickering, mahogany 650 41U Player-Pinnos. Jacob Doll, mahogany 9 675 f25 Eilers Da Luxe, oak 1100 4K5 Autopiano. oak 950 450 Steinhauer, oak 600 225 Bungalow 700 3."V Cecilian, mahogany 750 385 Pianola Piano, mahogany... 650 315 Don't wait. Come in tomorrow. Don't let the matter of terms stand in your way. We will be glad to send a nice instrument to your. home for a very reasonable cash payment down, and terms will be made to suit your convenience. Each Piano has been thoroughly gone over by our experts and bears our guarantee. KII.12RS MUSIC HOI'S 12, Ilroadwar, at Airier. Indian School, Arizona, salary $720 per annum; local agent, Bureau of Fish eries. Seattle, Wash., salary $600 per annum; July 27, metallurgical chem ist, for a position lu the Ordnance De partment at Large, Philadelphia, Pa., salary $1800 per annum. Complete In formation and application blanks may be obtained from T. V. Hutchins. local secretary, Portland, Or., postoffice building. 400-POUND BEAR BAGGED Robert Iieasure, of Hood Ilivcr, nans to Trap Honey Thief. HOOD RIVER, Or.. June 26. (Spe cial.) Robert Leasure, a pioneer hunter of the Upper Valley, who has scores of bear to hia credit, killing sev eral animals each season, came on a huge black bear as he was walking through a blackberry patch Thursday. Ha- shot and killed the animal. "It is by far the largest bear I have ever killed at this season of the year," says Mr. Leasure. "It dressed 400 pounds. I believe that the animal would have weighed more than 600 pounds by the end of tho Summer." A bruin has been raiding Mr. Lea sure's bee hives. He will set a trap by driving several spikes into a keg. This will be baited with fresh honey, and in the next few days the hunter expects to see the animal playing antics with the keg over Its head. Knights Plan Memorial Service. VANCOUVER, Wash., June 26. (Spe cial.) Memorial services will be held by tho local lodge of Knights of Pyth ias, and Rev. R. H. Sawyer, pastor of the First Christian Church of this city, will deliver a memorial sermon Sunday morning at the 11 o'clock service. Spe cial music will be provided by a com mittee including A. J. Collings. Frank Stickney and L. M. Burnett. The mem bers of the lodge will meet at their hall and proceed from there in a body to the church at Thirteenth and Grant streets. New Zealand has an Island nearly three miles In clrt-annfereiiri!. wliloh is almost en tirely couponed of sulphur, mixed with gyp sum and a few other mlnera'.K. AND RETURN $5.80 Arrange Now at 255 Morrison St, Cor. Third for tickets, sleeping car accommo dations to Lakeview and return. A. D. Charlton, A. G. P. A. Portland Phones : Main 244, A 1244