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About The Plaindealer. (Roseburg, Or.) 1870-190? | View Entire Issue (Dec. 26, 1904)
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ROSEBURG, DOUGLAS COUNTY, OREGON MONDAY, DECEMBER 26, 1904
Salem Journal Exposes
HAND OF REVENGE
Assistant District Attorney Heney
is the Hireling of the Big
The? hand that directed the prosecu
t.bn in the so-called Oregon land fraud
cases has at last been numaeked. It is
the hand of revenge.
It is the old, old story of and eye for
an eve, and a tooth for a tooth. Re
venge, how sweet! even when long de
ferred. It is said lobe the band of Malcolm
A. Moody, ex-congressman from the
second district of Oregon.
Mnltftomah county is no longer the
seat of Republican state politics The
scene of iction has been transferred to
Wasco rouutv, the big bunrhgrass
horou''. where i-ongressmen, eovernors,
and o'.i.i-r hngjk fficials come from.
The ind tra t casep pal into ineiif
nificai ie corop .red to 'he motive Fa
tare politics are at stake, and they enter
into every department of the game, na
tional, state, district, even county.
Whether McKinley, Tarply, Puter, et
al , procured 12 claims in the well ex
ploited 7-11 mat ere but little, when the
real deal is told.
It will take pages to tell it
The history of the ca-e dates back in
to the early days of the Eastern Oregon
country. It had a small start at href,
and was not like the proverbial stone
that gathered no moss.
Two hanks were rivals. t The competi
tion for trade from the vast Inland Em
pire centering at The Df lies drove the
money lenders into politics. .acn in
stitution was composed of men with as
pirations. One firm was headed by the Moody
and the other was backed by the Mays
familv. It was a case of relatives oper
ating in the affairs of the business and '
po itical world.
Moody opposed Mays, and vice versa.
They had turns at the wheels of patron- i
age, and they both used every opporta-
nity to feather their own nests
Their hatred increased, and two years j
ago Mays actomplis ed the t'efeat of !
Moody for renomination to congress, se- I
caring the plum for one of his friends, '
IV. TT 1 aUill
Lately with tbe govern
ment geographical and
geological survey of Bra
zil. Sooth America . . .
GAMES The New and Popular "Bunco Card Game,"
Alburas,Toilet Sets, and a score of elegant and inex
pensive gifts for ladies, gentlemen and children.
MARSTERS' DRUG STORE
Fancy Baskets from 5 cts to $2 91
Swell line of Combination Cases
Ranging in Price from $15 to $28
Take a look at our Buffets
From $25.99 to $38.00. :: ::
IB. W. STRONG
:the furniture man
J N. Williamson. This defeat was fol
lowed by the indictment of Moody for
frauds in connection with the postomce
matters. It was openly charged at the
time that politics were at the bottom of
the whole deal, and that Mays was un
der the whole mess, just to even up
with his rival Moody. The latter was
acquitted, and his reputation was saved.
Now we are started with the an
nouncement that Senator Mays has been
indicted by the grand jury on a land
fraud charge. The evidence is said to
be strong,but it will take strong evi
dence to secure a conviction.
It mu-t be unbiased testimony of peo
ple who are not interested in the land
frauds, and not come from the tliroate
of self-confessed culprits.
Moody always had MM or less f vors
at the hands of the aduiinistratiim .pt
Washington. It is more than likely
that be has fostered and nuiiured con
siderable of the determination on the
part of Hitchcock and his special snout!-
to smoke out the "rascals." The hatred
that Hitchcock bears toward Hermann
and his friends has been a portion of the
compound that the people of Oregon are
It is doubtful whether sentence will
ever be served in any of these cases
There was probably fraud committed
in many instances, but it is only a shbd-
ow of tbe wrongs that have been inflict
ed upon the people of Oregon and the
homeseekers throughout the West un
der the guise of law.
The Northern 4 Pacific railroad com
pany grabbed hundreds of thousands of
acres of ti.e most -valuable timber land
in Oregon, and it never paid one cent
for it, yet it was acquired "lawfully."
A steal bill was passed, allowing tbe
railroad to relinquish i b an I as it
did not desire, and to take lieu land
scrip, which could be located on any va
cant government land in any state
h rough which the railroad passed."
The Northern Pacific has a few miles
f track from K a la ma to Cortland, and
it sneaked into Oregon nndei that flim
sy pretext. It laid scrip on unsurveyed
lands in the heaviest timber belt in the
Tbe Northern Pacific refuses to pay
taxes on W'ie land thus acquired anil
squatters lost everything they bad on
their little mountain ranches.
Tbe Northern Pacific relinquished
thousands of acres, yes miles and miles
of worthless sand hills and cactus plain
in Montana, Idaho and Eastern Wash
ington, and received scrip. Was that
"protecting" tbe rights of the people of
Crucify the little fellow. Use the fed
eral and state courts to ' even op" old
scores. Do this and other things in the
name of justice.
But, with Mr. Heney assistance,
may the great corporate interests Un
protected, and the real fiaud on the
rights of the people of the state go un
punished. M hy not investigate the authors of
the law allowing these privileges?
Why not send oat spies fur the next
ten years if it is necessary, and let the
people know how they were lietrayed Ly
Why spend thousands of dollars to
ferret out rlleged fraud in a dozen claims
andpase up and mildlv blink at the real
Will Mr. Heney dare go back to the
congressional records and learn who
fathered, fostered and concocted the in
famous Northern Pacific steal bill?
Ia the mean time the hand of Mal
colm A. Moody ia in evidence in the
. .U.S. Deputy . .
Office over Postoffice.
IS TO BE TESTED
Petition for Writ of Re
Precinct of Deer Creek, North
Is Up Today
As was exclusively announced briefly
in Thursday's Plaindealer, a petition for
a writ of review was on that day filed
in the circuit court of Douglas county by
Max Wiess, in the proceedings govern
ing the order issued by the ciunty court
of Douglas county Nov. 21, 1901, declar
ing prohibition in those precinct of the
couoty where majority votes were cast
in favor of prohibition. Mr. Weiss is a
well known brewer and ice manufac
turer who operates a large and expul
sive plant in this city. His petition in
the above mentioned cause involve in
its wording, only Deer Creek precinct,
which went "dry" at the last rtec sna
and which embraces considerable of the
business portion of the city of Roseburg.
Judge J. W . Hamilton, of the circuit
court Friday morning granted the peti
tion for the write of review as prayed for
by Mr. Weiss, and after tbe petition was
granted it was agreed between Messrs
W. W. Cardwell and J. O. Wateon, at
torneys for Mr. Weiss and District At
torney Geo. M. Brown, who will repre
sent the county by virtue of his office,
to argue tbe case before Judge Hamilton
Monday, today, the case now being in
progress. The pf:nt sought now by Mr
Weiss is to have t'-.e county court's or
der annulled in so far as the precinct of
Deer Creek is concerned
Mr. Weiss' petition is based on alleged
irregularities in all the details of tbe
el -ction. It sets forth the following al
legations: That the petition for sob
n is ton of the prohibition qoecrtion to
ti e voters did not bear the signatures
of tbe requisite ten per cent of the total
i.um'ner of registered voters at th
; eceding election ; that the petition it
self was not fully signed according to
law ; that the signatures were not com
pared witb those on the registration
books ; that tbe notices of election were
i legal in that they did not bear the seal
of the County Court or the name of the
County Clerk in bis own handwriting,
and finally the strongest allegation of
all the ballots specified a vote on pro
hibition for "Entire County Douglas"
whereas the "precinct" is made the
unit in the Coanty Court's order.
Deer Creek precinct contains six sa
loons, the existence of which after Jan
nary 1, hangs on Judge Hamilton's de
cision. The saloons are conducted by J.
T. Goodman, F. Poqaette, C. L. Reed,
Cbaddock & Chappell, Johnson A Clark
and T. C. Bloomer A Co
Vawter Pleased With Situation.
Hon. W. L Vawter, of Bedford, was
in Portland tbe first of the week looking
np his candidacy for speaker of the lower
house of the legislature which convene
next month. An "Oregonian" reporter
interviewed Mr. Vawter and says of him !
Mr. Vawter is prominent in Southern
Oregon as a lawyer, a banker and a
leader in Jackson county politics. He
is tall and well proportioned, has a
frank and open countenance, is quick in
bis movements and decisive in bis
speech, and is altogether a handsome
man jne who would make a good look
ing figure in the speaker's chair. In
days gone by he was a gold-standard
Republican, bat not to the length of be
ing an extreme factionist.
In 1903 he was a candidate for Con
gress, and received Jackson county's un
wavering vote in the memorable con
vention at Engeie until he withdrew.
In that race be announced his candidacy
early, and in the present contest for tbe
speakership did the same. He was
elected last June to represent Jackson
and Douglas counties in the.lower bouse
"Who's going to 1 3 elected speaker?"
he responded to to a question on that
point. "Why, 1 am," and Dr. J. M
Keene, who bails from Medford, too,
and was a delegate to tbe national con
vention which nominated President
Roosevelt last June, nooded approvingly
"Southern Oregon will give me its solid
i support ; indeed, tbe assurances which I
! have received make me reasonably sure
It was evident from this remark that
Vawter expects to receive support from
part of Southern Oregon east of the Cas
cade mountains, for when asked whether
he had more votes from his pari of the
state than the six Republican represent
atives from Douglas, Coos and Jackson
'O tin ties, he responded, "Yes," but did
not mention them. The representatives
who hall from east of Mr. Vawter'"
county are R. E. L Hteiner, of Lakx
view; J. L. StiU, of La wen, Harney
county, and John 8. Shook, of Dairy
"If I can gain the support of Multno
maq county," he remarked, "I can be
elected ; no doubt about it."
t or tne Dest dental work at most rea
sonable prices, go to Dr. Strange in the
little brick opposite Slocum's hall.
-- - V"
Harry K Thaw, of Pitutmrgn. brother nl
a (rood deal of attention by his recent doiun.
Evelyn Nesbit, to whom ha was supposed to
proprietor ot wmcn ordered them to register as man and wife or quit,
.fro..' to say whether or not they ar mirmd. The latest ram or ia to the
"haw's relatives bars eat off his allowance of IT5.000 a year.
They left and
RESPITE IN THE LAND
Further Mention is Made of Mitchell
and Hermann-G. C. Brownell
Is Not Worrying
Portland, Dec. 25. The adurn- prospect of investigation by tbe
ment of the federal pran.i jury until eTrand jury into his alleged connection
Tuesday morning has occasioned an w'tn the land frauds and says that he
interruption of the sensations which can readily clear himself of all sus
have come with bewildering rapidity picion.
since the sessions began. Inquisitors ; srssmfl Un l bat tonytag.
and accused will will have a brief "I have nothing to say with regard
respite. to the raHii," he said yesterday.
Rumor is still busy, however, with "except tut I invite the fullest in
the names of prominent men who are vestigatioa. Any instrument I may
fain to have been connected, directly have attested as a notary was attest
or indirectly, with the land frauds, ed n good faith and in no instance
It is asserted that evidence presented have I ever exceeded the authority of
within the past two days places I'r. my notarial office. While I dislike to
W. H. I "avis, mayor of Albany, in a have my name associated with an af
very unpleasant light, aad that the fair of a criminal nature. I have no
grand jury is seriously investigating grievance against the gavernment's
transactions in which he was con- going into remote details, for it is
cerned. There is strong reasons to
expect indictments against CL K.
Loomis and S. B. Ormby, soon after
the jury reconvenes.
Nothing new has developed as to
Senator Mitchell and Congressman I
Hermann and their cases have not yet
been considered, though test'niony
has been given which incidentally ;
touches upon their relations with Pu- j
ter and some of his confederates.
State Senator George C. Brownell
professes to be undisturbed by the
The Fight In Junction City Will
Be Made on Constitutional
The saloon men of Junction City,
whose business, according to tbe order
of the county court, is required to cease
witb the begininicof the new year, ex
press confidence that they will make a
But'cetful tight against the enforce
ment of the law, which was made by
the vot tp at the November election.
The point on which they seem to rely
ia one of constitutionality, not only on
the local option law in general . but also
upon its application to Jr -iction City
Tbe point of the issue is said to rest
largely on the constitutional r'-jhts of
voting a proposition involving a tax
upon a municipality and suffrage of siti-
zens outside of that municipality and
not affected by its tax levy being instru
mental in passing such a law.
As is well known, the towa of Junc
tion City and the two Junction precincts
are not identical. The voting precincts
take in a considerable amount of coun
try around the city. Thus a portion of
each prerinct is in the municipality and
a portion outside. That portion inside
is subject to city taxes while the balance
of tbe precinct is not.
It is contended that an act of tbe vot
ers of the entire precinct which will
necessitate a lax upon a portion there
of and exempt another portion is con
trary to tbe constitution of the state.
Whether this point may be decided
one way or the other, it would seem a
good suggestion that prrcinct bounda
ries be so laid that precincts embracing
incorporated towns should be complete
within the l'tnita of the town.
See Sykes A Cat roll and get their
prices on plumbing anil tinning befor
tbt I'.mntsa of Yarmouth, has attracted
II lately arrived from Europe with Miss
have beta married. They want to a New
often necessaiy to puraue this policy
in order to get at the truth. If I am
connected with such details. I stand
ready to explain and assist the au-
thorities in ther investigation.
"I have no fear of the action of the
federal grand juiy. I have never had
anything to do with land deals or
land speculation. I have never even
takea advantage of my homestead
r'zht i under the kw, and have never
made a dollar in the land business.
' I am not wonying at all,"
Czar Agrees to Accept
Mediation With Certain
Nagasaki, Dec. 24. A report from
Ialny states that the Russians at Port
Anhur have proposed to surrender to
(be Japanese under General Nogi on
condition that the garrison and ships
be allowed to return to Russia. The
Japanese rejected the offer.
London, Dec. 24 Baron Hayasbi, in
; reporting the capture of Houyarjg Shu-
kiu heights, stive tbe Russians made a
fierce counter attack but were repulsed
Tbe Japanese occupation is now nearly
assured of the heights one and a half
miles south of 203 Meter Hill. The Jap
anese bombardment caused a great con
flagration to tbe north of Fort He; ta
UBBW, uec. 24. km Berlin corre
spondent to the Central News is assured
by one high in authority that the oar
rejects the peaceful advios that are be'
ing tendered him. The czar, it is said.
has sent to Paris, through the French
ambassador at St. Petersburg, an impor
tant letter which is favorable in tone
with certain reservations to the accep
tance of mediation.
A Royal Engagement
Madrid, Dec. 24. It is anticipated
that the announcement will shortly be
made of the marriage of (King Alfonso
and I rim-ess Victoria, daughter of the
Duke of Connaught, King Edward's
brother. The wedding, it is said, will
occur in June. It is understood the
princess will renounce the Protestant
faith and join the Catholic church.
(Alfonso Xlll was eighteen years of age
last May, at which time the regency
under which he ruled came to a close
Denied the Privilege of
Mays' Statement-He Roasts Heney,
Portland, Dec 23 One of tbe most
high-banded proceedings masqueraded
under tbe name of justice was the re
fusal of tbe federal grand jury to bear
an explanation of tbe charges preferred
against him and the subsequent finding c
an indictment against ex -Senator Mays
whose bail was fixed by Judge Bellinger
at (4.000. The bond was signed this
morning by A. L. Mills, president of the
First National bank, and by Frank M.
Warren. Senator Mays went in person
before Judg Bellinger and asked time
in which to move or plead, and the re
quest was granted.
The charge against Mays is that he
conspired with Horace 8. McKinley, S.
A. D. Pater, Marie L. Ware, Emma
Watson, Dan W. Tarpley, Robert Simp
son and "John Doe and Robert Roe,"
all named in the indictment as co-defendants,
to defraud the United States
oat of a portion of its publi: lands in
township 24 sooth, range 7 east of the
Willamette meridian, by means of false
and forged applications affidavits and
In brief tbe indictment charges that
the homestead entries made in town
ship 24-7 by methods similar to those
used in township 11-7, which were ex
ploited daring tbe Pater trial Most of
the ei. tries were in the names of fic
titious persons. One real person, Rob
ert Simpson, who is indicted with Mays,
made a pretended entry in the town
ship. Certa'n of the claims were transferred
by f rged instruments to Emma Watson,
and she in turn conveyed three of them
to Tbaddens 8 Potter, who, tbe indict
ment charges, was acting as agent for
Mays Potior subsequently conveyed
two of the claims to William A. Peters
of Seattle and the third claim to M. F.
Patents were issued by tbe govern
ment upon tbe fraudulent claims and
were delivered to John H. Shape who.
according to tbe indictment, was the
agent of the conspirators, though it is
not charged that he had knowledge of
the fraud that was being consummated.
Statement of Mays
State Senator F. P. Mays made this
statement concerning his indictment:
"1 am, of coarse, very much mortified
and feel very keenly the disgrace of be
ing indicted by tbe grand jury, bat I
trust that my friends and the public
will withhold judgment until I have an
opportunity to show my innocence. I
have suffered in silence daring the past
several weeks, while my name was be
ing made use of in the newspapers and
oo the streets as being connected with
these land frauds, but I confidently ex
pected that when the matt ;r came be
fore the grand jury I would be accorded
the usual privilege of appearing before
that body as a witness in my own be
half, and I rested in the feeling of abso
lute certainty that upon a frank, full
and fair statement of the facts in the
case no indictment could be found
I am indignant at the treatment ac
corded me hy Mr. Heney, the prosecut
ing officer of tbe government, and I feel
that I have been deliberately and
sbamfnlly jobbed. I want my friends
to know the facts, and then I will await
my trial with composure, but I am al
most at a loss for words to express my
feelings of bitterness and resentment at
tbe way I have been treated.
Hesey SccsTts Perjarefl Tetnasfly.
"I charge and can prove that my case
has been railroaded through on perjured
testimony, given by perjured witnes
whom Mr. Heney himself publicly de
nounced in the most scathing terms in
the court room less than two weeks ago
It is currently reported, and 1 have no
doubt it is true, that be entered into a
bargain with these same men, whom he
called liars and perjurers and thieves,
and whom he characterised as utterly
unworthy of belief, and, by holding out
to them the prospect of immunity from
imprisonment if they would give evi
dence to secure an indictment against
me, and against Senator Mitchell and
Representative Hermann, he procured
them to go before the grand jury and
swear away my go. id name, and yet
would net even let me have the privi
lege of going before that body to ex
plain the circumstances that were pro
duced against me.
"One thing more. I want my friends
to understand the motive of Pater in
charging me with complicity in their
crimes. For this purpose, I will briefly
state my relations to Putar, and bow I
am connected with this unpleasant busi
"I was attorney tor rater in some
matters in the courts, and acquired from
him three pieces of timber land. For
lands I gave fell v ilue, and I had no
knowledge or reason to suspect that they
I were procured by him fraudulently.
took these lands in the name of another,
for reasons that I will fully and satis
factorily explain when I am given that
lb Connection Witb Mitchell $ Letter.
"They say I wrote a letter introducing
Pater to Senator Mitchell. I think it ia
no crime if I did, and I want to say that
I had no means of knowing, nor did Sen
ator Mitchell know, when he introduced
this fellow to the land office at Wash
ington, that he was engaged in any
frauds. It is very strange, and very
suggestive of the motives of Mr. Heney,
that the indictment is harried to con
summation before the arrival here of
Senator Mitchell and Representative
Hermann, both of whom Mr. Heney
knows are now on their way to Portland
and doe here within two tr. throe days
Senator Mitchell and Mr. Hermann
know and can testify positively that I
have never procured nor endeavored to
procure them to farther any fraudulent
"This whole thing is a persecution,
and evidentally there was no intention
from tbe beginning to give me a fair
An Accident at Marshfield.
MASHnu, Dec 21. When George
L Stem merman, with bis wife and son,
who reside on Coos river about 20 miles
from here, were out bnnting yesterday,
about noon, on the hill back of their
home and were sitting on a log waiting
fc . the game to make its appearance,
their little boy fell backward off the log,
the hammer of his 22-caiiber rifle struck
a rock and the weapon was discharged,
the ballet striking the mother in tbe
hack above the hip, coining out at the
abdomen. She was immediately brought
to town and taken to the Horsfall hos
pital. Chances for her recovery are
After the Railroad Company.
The Albany Democrat says :
"The first-class freight rate between
Portland and Albany is X cents, and
between Portland and Eugene 48 cents,
a decided advantage for this crtv, given
it by river navigation."
After the coming session of the legis
lature this will probably be changed.
Eugene and all of Southern Oregon
have become tired of the illegitimate
freight holdup practiced by the S. P. R.
R. Co. on us.
The present members of the legisla
ture from Lane coanty were elected
on a platforni that specifically stated
that the freight rates must be reeroJated
and any member of the Legislature
from Lane coanty who does not do his
daty. and see that this unjust robberv
is regalated by law, might as well bury
himself in the political erareranL
The law can easily be passed if de
sired by the Lane county contingent, as
they will, practically speaking, control
he legislature to the extent of having
what they want.
The unjust freight discrimination
against So u them Oregon is about at an
end. Eugvns Guard.
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The Following Will Prove of interest to You
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Dressing Cases of Ebony, Silver Mounted, French Stag
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Card Cases, Cigar Cases, Japanese Enameled and Laquer
Ware in Photograph, Handkerchief, Glove Boxes and Trays,
Pretty Work Boxes and Jewel Cases, German Plate Hand
Mirror and a great variety of novelties f f
Our Display of Box Paper wiB delight yon and the prices
will com as d your favorable attention.
I HAVE EASTERN CUSTOMERS
AND CAN SELL
W. E COMAN
Is Optimistic Relative to
LEWIS AND CLARK FAIR
WILL BEGIN NEW ERA
Portland Will Be Amply Able to
Take Care of Visitors to
W. E. Co man, the genial and efficient
general passenger and freight agent of
the Oregon branch of the Southern Pa
cific Railroad Company, spent a few
hours in Roseburg Friday looking after
the interests of his company. In a
pleasant call at the Plaindealer office he
discussed freely the commercial and in
dustrial prospects for Oregon in 1905,
taking a most practical and optimistic
view of it. He says the remarkably low
rate to be established by the various
great railroad lines to tbe coast will be
an inducement to thousands of Eastern
and Middle-Western people to visit the
much talked of Pacific Northwest, view
its grandeur and investigate its oppor
tunities and advantages to investors and
homeseekers. The much advertised
Lewis and Clark Exposition with its
great Pacific coast and Oriental exhibit
is, of course, the paramount considera
tion in a combined business and pleas
ure trip to the "land of the setting sun."
The Southern Pacific, Mr. Coman
says, will be equally as liberal in its
special rates to Southern Oregon which
will give this portion of the state its fall
share of sight seers, investors and home
seekers during the season's great influx
Mr. Coman says that by the time the
crowds start westward Portland will be
amply able to comfortably accommo
date all and at a reasonable rate.
He also stated that encouraged by the
remunerative pries received for grain
and all kinds of farm products for the
seaton just closed and the beautiful fall
weather following, the grain, bop mod
general product output for 1906. with an
average favorable season, promises to be
meTsrgr tor many years. He
that never in tbe history of W
Oregon has crop prospects bet
favorable at this season of the year, the
grain fields and meadows of the foothills
and valleys having taken on a luxuriant
carpet of green, and all crops) having at
tained a growth uncommon at this sea
son. Oregon will therefore be at her
best and will present an unusually in
viting appearance to her multitude of
visitors next year. This is indeed for
tunate and assures, a growth, develop
ment and advancement in. Oregon for
the coming year, greater than has been
anticipated by the most optimistic. It
will be a year of unprecedented growt h,
development and progress.
V DISPLAYING THEIR
AY a o o
Establish ! l ;
F. W. BKNSON,
A. C. MARSTltRS.
MASS OF DIRECTORS
T. W. BtUtaOH, B. A. BOOTH J. H. BOOTH,
J.T BUDOBS, JOS. LtONS, A. C. MA.&3TK&d
A QBNBRAA. BANKING
Tour Ranches and Timber
Lands with me. : : : :
R. R. JOHNSON ,
OFFICE IN MASKS BLOCK.