The Coos Bay times., February 25, 1908, Page 4, Image 4

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THE DAILY COOS BAY TIMES, MARSHFIELD, OREGON, TUESDAY, FEBRUARY 25, 1908.
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THE LAND
(Continued from pago 1.)
tho Oregon & California land grants,
that favored the public; namely, that
tho lands should be sold at a price
not exceeding $2.50 an acre, only to
actual settlers and in tracts of not
more than 1G0 acres to each pur
chaser. These suits will involve close
to 3,000,000 acres, held by tho rail
road and by persons who have bought
from tho railroad in violation of the
terms of the grant,
The resolution also directs tho De
partment of Justlco to start suits to
enforce the rights of tho United
States as to the wagon road grant
between Coos Bay and Roseburg,
where 92,000 acres of land aro held
by the Southern Oregon Company
a group of non-resident landlords,
chiefly William W. Crapo, William J.
Itotch, Elijah Smith, president, and
Prosper W. Smith. These men aro
residents of New York and Boston.
According to the terms of this grant,
made In 186S, the lands were to be
sold for not more than $2.50 an acre
and in tracts of not more than 160
acres to each purchaser.
Both the Southern Pacific and the
Southern Oregon Companies refuse
now to sell the lauds at $2.50 an
acre, and the railroad refuses to sell
at any price. Both companies have
Bold largo areas in bulk, ignoring the
ICO-acro limit, and at prices fre
quently much in excess of $2.50 an
acre. The railroad has made such
sales to others than actual seulers.
Suits against the two companies
have already been begun in the Unit
ed States Circuit Court by would-be
purchasers, who offer $2.50 an acre.
Fourteen suits have been filed against
the railroad by A. W. Lafferty, at
torney for actual settlers in Columbia
County. One has been filed against
tho Southern Oregon by T. S. Mlnot,
attorney for tho SG claimants of 17,
000 acres in Coos County, and anoth
er of the same kind will shortly be
liled for 10 other claimants.
The Fulton resolution is under
stood to have tho sanction of the Ad
ministration and to have come orig
inally from B. D. Townsend, tho spe
cial Government Attorney who
probed tho railroad grant last sum
mer and fall. Townsend believed a
resolution by Congress necessary as a
preliminary to a Government suit,
since otherwise the Government suit
might bo thrown out of court. Dis
patches from Washington say that
Senator Pulton is hopeful of the
adoption by Congress. Then it may
bo expected that the Government will
begin tho suits. This will explain
some part of the Government's delay
in acting against the railroad and the
Coos Bay Company.
Tho delay has made many persons
impatient and caused them to wonder
If tho work of Townsend "would end
in any achievement. Townnsend
seoms to have been busy in Washing
ton the last three or four months
drafting tho Government's bills of
complaint.
Two Suits to Be Filed.
The government will illo against
tho railroads two bets of complaints
one against tho owners of largo
holdings purchnsed from tho railroad
in violation of tho terms of tho
grants. It is expected to file two
complaints against tho Coos Bay
Company and holders of big tracts
acquired from this grant. Tho suits
in equity will ask either for for
feiture of the land remaining in the
railroad's possession, or for a decree
ordering its salo by tho railroad in
compliance with the terms of tho rail
road grant. Tho proceedings against
tho purchasers of land will bo based
on tho contention that tho deeds are
void becauso attempting to convey
tltlo in violation of tho law.
Consternation has reigned among
purchasers of tho land slnco it bo
camo known that they wero to bo
swept up In the Government's drag
net. This has brought much satis
faction to tho railroad, which is glad
enough that it is not to bo alone in
tho Government's endeavor to force
tho railroad to comply with tho terms
of the land grouts. Among tho big
gest purchasers aro C. A. Smith, In
Coos; .1. 11. lv. Wlnguto, in Douglas;
Boo. ii-Kelly Lumber Co, in Lane; A.
B. Hammond, Hammond & Wlnton
and llanimuml Lumber Company, In
'jrUirook; Curtlss Lumber Company,
in Linn; Oleon Land Company, in
Tillamook, and C. S. Hopkins, in
Klamath and Jackson.
.Numerous other persons and com
panies hold railroad land of 1000
acres and moro who aro wondering
if tlioy will ho dofomlants. Tho Gov
( rnment suits promise to Involvo big
Interests and to mako ouo of tho big
gout nut' urub stirs In tho United
States.
Retains lllg Lawyers.
Tho importanco which tho railroad
attache to the mattor is shown by
tho railroad's securing omlnont logal
counsel John C. Spoonor, ox-Sonutor
of Wisconsin, aim John B, Milburu,
of New York, W. F. Ilerrln, of San
Francisco, chief counsel of the South
ern Pacific, will contribute his ser
vices, also W. D. Fenton, of Portland,
local attorney for the Southern Pa
cific. Tho Fulton resolution was report
ed by the judiciary committee of tho
Senate, of which Fulton is a member,
as a substitute for the Tillman reso
lution. It appears that Tillman of
fered his resolution, calling for in
formation why the government was
not taking action against tho rail
road, at the very time the Fulton sub
stitute resolution was in preparation.
Tho railroad grants, two in num
ber, wero made by the Government in
acts passed between ISO 6 and 1870,
for aiding construction of a railroad
from Portland to Ashland, starting
on the east side of tho Willamette
river, and from Portland to McMlnn
ville, running on the west side. Ac
cording to Townsend's report, the
"provisions of the grant restricting
the sales have never been respected.
Substantial violations of the terms of
the grants occurred from tho very
beginning."
The land of the Southern Oregon
Company was granted pursuant to an
act of 1S0S, giving over land to the
State of Oregon (which passed it on
to the Coos Bay Wagon Road Com
pany, subject to tho terms of Con
gress), to aid construction of a wagon
road from Itoseburg to Coos Bay.
History of the Grant.
The land patented to the wagon
road company was 105,000 acres. In
1S75 the 35,533 acres of tho land
were sold by that company to John
Miller, alias Ambrose Woodroof, for
$1 an acre, and by him were trans
ferred on June 22, 1875, to Collis P.
Huntington, Charles Crocker, Leland
Stanford and Mark Hopkins for $35,
000. On March 27, 1882, Hunting
ton, Stanford and Hopkins conveyed
their interests in tho purchase to
Crocker, who, on December 20, 18S3,
conveyed the whole to William H.
Besse. Seven days later Besse trans
mitted it to Russell Gray, who, on
January 5, 18S4, passed It on to the
Oregon Southern Improvement Com
pany. In 1SS7 the land was transmitted
on a mortgage foreclosure, to Wil
liam J. Rotch and William W. Crapo,
who immediately organized the
Southern Oregon Company to take
the land, which still professes to own
it in feo simple.
Meanwhile, on January 7, 1SS4,
the Coos Bay Wagon Road Company,
holding G1.143 acres remaining, sold
them to William II. Besse for $91,
715, by warranty deed, and ho, on
Juno 4, ISSi, sold by warranty deed
to the Oregon Southern Improvement
Company.
Giant is Violated.
Both the Southern Pacific and tho
Southern Oregon Company will bo at
tacked by the Government, on the
ground that they havo violated the
terms of the grant by ignoring the
"condition subsequent" that is, tho
condition attached to tho grant, sub
ject to which they received land from
tho Government, as to $2.50 an acre
price, and actual-settler and IGO-acre
limitations. Should tho court order
the land forfeited to the Government,
it will become a part of tho public
domain, to bo disposed of as Con
gross may determine. Should tho
'sourt order fulfillment of the condi
tion subsequent by tho two com
panies, tho land claimants who havo
brought suit against them will proba
bly havo first claim to tho land they
seek.
This advantngo is evidently that
which they havo in view. Tho bur
den of tho prosecution will rest on
the Government and they will bo in a
position to get first benefits from Its
success. Oregonlan.
ACTS AS A BLIGHT OX
OREGOX'S DEVELOPMEXT
Claims There In Abundant Ground
For Bringing Suit In Open Vio
lation of Tonus.
WASHINGTON, Feb. IS. Tho sub
stnnco of tho report of B. D. Town
bend on his Investigation of tho Ore
gon & California Railroad land grant
was made public today for tho ilrst
tlmo, and ohows in a genornl way
''io facts on which tho Government
will bano Its suit to compel tho rail
road company either to comply with
tho law or forfeit Its titlo to tho
grant. Tho report is so full and ex
plicit as to require no explanation.
Tho following extracts aro made:
"Tho provision of tho grant re
stricting tho number of sales have
never boon respected. Lands havo
boon sold to any person, whother
settlor or speculator, in nslargoquan-
tltios as poBslblo and at tho hlghost
pi'lco possible. In making sales tho
railroad company has always observ
ed tho laws of supply and demand
and has novor obeyed tho law of
Cnugross. Substantial violations of
tho terms of tho grant occurred from
the very beginning. Among the first
conveyances executed in 1872 several
instances occur where land was sold
at prices largely in excess of $2.50
per aero, sometimes as high as $10
per acre. In 1874 three Instances are
found of conveyances to a single pur
chaser of quantities exceeding 1000
acres each. These violations contin
ued throughout the history of the
grant.
Sells to Timber Speculators.
"When the Southern Pacflc system
secured control of the land grants
the first thing they did was to organ
ize an effectivo land department.
Land examiners and timber cruisers
wero employed and a force set to
work to ascertain and appraise the
value of each specific tract of land
contained in tho grant; this had
never been done before.
"About 1S90 some of tho old and
experienced tlmbermen of Michigan,
Wisconsin and Minnesota wero at
tracted by reports as to tho timber
lands of Oregon. There suddenly
arose a tremendous demand for lands
by wealthy tlmbermen and specula
tors in the East. The railroad comp
any was quick to see its opportunity
to profit by disposing of lands con
trary to the terms of tho grant. It
immediately began to make sales in
quantities ranging from 1000 to
many thousand acres.
Only Gives Quit-Claim Deeds.
"In 1S91 it changed all its forms
of deeds and contracts and has ever
since refused to execute anything but
the quit-claim form of deed, except
where it had by prior contract obll-.
gated Itself to do otherwise. This is
a most unusual circumstance. The
title of the railroad company con
sisted simply of a grant from the
United States. It immediately de
termined to take advantage of that
opportunity, wholly ignoring tho con
ditions of the grants and sought pro
tection against responsibility for
these violations of law by the adop
tion of the quit-claim form of con
veyance. This policy was pursued
by the company without restriction
until 1902, during which period ap
proximately 400.000 acres of land
were sold to tlmbermen and specu
lators, In quantities exceeding 1000
acres to each purchaser.
Stops Sales Entirely.
"Late in 1902 the railroad comp
any adopted a new policy and per
manently withdrew all of its lands
from sale. There then remained in
its hands approximately 800,000
acres, most of it In violation of the
terms of the grant, it resolved upon
the plan of asserting an absolute, un
qualified and permanent estate In
tho balance of grants In its own favor.
Various excuses for this step have
been given from time to time. In a
public speech at Oakland during
September, 1907, Mr., Ilarrlman ad
mitted that this policy was intended
to be permanent.
"Of SI 3,9 OS acres sold by tho rail
road company, only 127.41S acres
were sold within the limitations of
quantity and purchase price pre
scribed by the grant, and 515, 92S
acres were sold in quantities exceed
ing 1G0 acres, of which 3G3.991 acres
wero conveyed or sold to 3S pur
chases since the year 1S97.
Used to Retard Development.
"The grants placed In tho hands
of a single proprietor nearly one
half of the lands of Western Oregon,
subject to conditions, however, In
tended to Insure distribution of land
In small quantities among tho pro
ducing class. Notwithstanding these
conditions, tho greater portion of the
land still remains In the hands of a
single proprietor, which refuses to
sell It, develop It or improve it, sim
ply holding it to share the benefits
which shall result from the labor of
others. The greater part of tho land
sold wont into tho hands of pro
prietors of the same class.
"That tho present railroad inter
ests aro deliberately using the land
grant for the purposo of retnrding
tho development of Western Oregon
cannot bo asserted as a fact; but it Is
certain that Its policy has this direct
effect, and it is not difllcult to under
stand that a selfish purposo may bo
subserved thereby. In this connec
tion It is proper to consider that tho
Oregon & California Railroad Comp
any Is now part of a woll-organlzed
transportation system which controls
tho conimereo of approximately one
third of the United States. So far
as Western Oregon Is concerned, this
railroad system not only holds an
absolute monopoly of transportation
hut through manipulation of tho land
urant, practically controls produc
tion. Checks Railroad Competition.
"Tho following facts laro signi
ficant: The present transportation
facilities of Western Oregon are taxed
o tholr full capacity In handling the
product of tho country. If tho rail
road should abandon its present
policy nnd dispose of its land grant
to thoso who would devolop it and
subject It to productive Industry, It
Is cortaln that tho increasod pro
luction of tho country would bo so
greatly in oxoesg of the present trans
portation fnollltles that competinr
transportation Hues would be attract-
VrTTl
hH H ?"I"I"!"M
r'-H"l"I"I"II"M'I"I"I"I,I"I"I,-I"I"I"I"l"I"I"H-4Hr
Ladies Tailor-Made Suits
We have recently added u new line to our establishment in the exclusive agency of one of the leading
Ladles' Tailoring Companies in the country who make the latest and newest weaves In the prevailing
colors and cloths. Remember these arc not ready made suits, hut made to order exclusively for y0
from your own measure nnd your own selection of cloth. We guarantee a lit or you need not take tho
garments. Wo have over 200 samples of cloths to select from at ail prices nnd nil colors nnd styles.
Our location is not prominent but the goods and prices are certain to please you. Call and see
them. Remember you can pick your own goods, have it exclusive, and we guarantee tho lit and
satisfaction. Call us up on the phone and wo will send a man to givo you particulars.
This Is only a smnll feature of our cleaning nnd dyeing business which is the leading one on Coos
liny. Wc clean and dye tho most delicate fabrics, silk nnd lace shirt wnist.s, feathers, furs, gloves and
in fact anything in feminine wearing apparel and mako it good as now in appearance and guarantee
style or no pay. Could anything be fairer?
FOR GEXTLEMEX Wc clean, dye and press clothes and block hats in tho most workmanlike
manner. Get that spring sui t made new at this place.
JU If 9
Foote
Front Street, Reside the entrance to the olllce of the Steamer Alliance and 4
Plant. PHONE NO. Ull.
t V
iHr,r4,,H'H
1!: wiethtathee u!i:;ri
terests controlling substantially one-'
half the land, no other transportation
company, however forunuauie , is
likely to venturo into that territory ,
to engage in competition with a j
. . , , ., .. ... ... . . i $
system wnicn vinuuiiy tuuuuis ilUl '
BEAUTIFUL
ART STUDIES
but also
only transportation,
ductlon.
"More than four-fifths of the land
grant now held by the railroad company-
is situated in Southern Oregon.
At the time the railroad withdrew Its
lands from sale in 19 02,
l'r-1 1
Southern g
Oregon was developing rapidly. It
was largely this develoiw'nt which
taxed the capacity of existing trans
portation facilities. 'I lit ba... uL W..UJ
was stopped and the development of
Southern Oregon was checked.
Great Increase in Value.
"Tho total assessed valuation of
tho land grant for the year 1907 was
approximately $1S,000,000, whereas
prior to tho year 1902 the assessed
valuation had never exceeded $,
000,000. Of the total taxes paid by
the railroad company on account of
its land grant, from IS 70 to the pre
sent time, more than one-half has
been paid since 1902.
"If the conditions of the grant had
been observed under no circum
stances could the railroad companies
have enjoyed a bounty exceeding
approximately $S, 000, 000 from the
disposition of the lands which It has
received. It has already realized
approximately $4,500,000 and now
asserts absolute ownership to proper
ty the assessed valuation of which is
$18,000,000.
Grants Thwarts Own Purpose.
"At the expiration of 40 years after i
the enactment of the grant, 2,000,000
o
4
acres of the lands granted are vested , .
-FREE-
We recently made a special deal whereby we can offer the peo
ple of Coos Bay some exquisite and beautiful Art Studies
absolutely Free. Theso pictures a few years ago would havo
been considered bargains at from $1.00 to $5.00 each. Today
they would cost from 50 cents to $1.50 in an art store.
The subjects aro those of Famous artists, tho coloring is
delicate and soft or bold and strong as required and dono with
a real artistic feeling. Framed they are an ornament to any
home.
We recently made a largo purchase of HORAXO, one of
the most useful and necessary adjuncts for the bath, toilet and
nursery. It is really a powdered form of soap, cleansing and
pure and sanitary, transforming water so that It is delightful
to the touch and healing to tho skin. It may bo used in wash
ing tho most delicate fabrics without hurt or damage. Near
ly every woman knows the value of Borax and HORAXO is tho
highest and best form of this element. With every pounl
cartoon selling for only 2 5 cents you receive ono of these Art
Studies Free.
See them in tho window. It is an opportunity you should
not pass by or neglect. Come early while you have the chloce
of an unbroken line of subjects.
Lcklart, Parsons Drug Co.
Tho Busy Corner.
in a single proprietor, with no pub
lic obligation and virtually controll
ing the commercial destiny of a
large portion of Oregon. This is tho
very evil which the provisions of tho
grant were, destined to avert. Yet
that condition now exists, with the
assertion of a legal right to mako it
permanent. ,
"It is confidently believed that sub
stantial remedies exist in favor of
tho Government. It is tho purpose
of the Department of Justice to en
force theso remedies. It is respect
fully suggested, however, that dis
cussion of their form be deferred for
presentation before the court to
which the cause shall hereafter be
addressed."
i 4.
I theatre I
is-M-H-H-v-H
TOXIGHT
Performances at 7:!50 and H:-l!i.
Hear DEMAR1S GAltBERT hi the comic waltz
song "Won't You C01110 Over To Phllly, Willie?"
It's one of the- whistling kind. See Willie ride the
bumpers. COMIC MOVING PICTURES
ADMISSIOX 10c.
SEX ATE DEBATES LAXI) GRANT
Fulton Leads In Movement to Have
Suit Begun.
WASHINGTON, Feb. IS The
fact that tho Department of Justice
has made all preparations to begin
a suit to enforce the terms of Gov
ernment land grants in tho State of
Oregon was brought out In tho Sen
ate today, when Fulton, of the com
mittee on judiciary, reported a re
solution authorizing tho department
to bring such suits and asked for its
immediate adoption. Heyburn as
serts that hundreds of millions would
be found to bo involed if the proceed
ing wero mado general. The resolu
tion was generally discussed by
Senators, tho only objection urged
ngainst It being based upon the Idea
that tho Attorney-General .was now
empowered by law to do all that is
sought by the resolution.
During tho discussion Fulton an
nounced that tho department was
ready to proceed and merely wanted
tho authority of Congress to meet any
possible question that mny bo raised
against tho legality of tho proceed
ings. f
Xo Doubt of Violations.
Tho resolution also applies to tho
;rnnt made for tho construction cl a
elegraph lino from Portland to u
ario and McMinnvllle, Or., under the
ct of May 4 1S70. Tho resolution
I'jthorlzes tho Attorney-Gonerni to
iscertaln and enforce all rights In
avor of tho United States, if It ap
ears that tho lands aro forfeited to
ho United States by tho violation of
he condition of these acts.
Fulton said there was no question
that the roads had violated the terms
I of these grants, as the violation had
been admitted before tho sub-committee.
Tillman explained that he had in
troduced the original resolution In
view of what he had learned while
on a visit to tho Pacfic Coast. Ho
was satlfied railroads aro now hold
ing land from settlement worth
millions of dollars.
The propriety and necessity of
passing such a resolution was ques
tioned by Foraker.
Fulton did not personally bellevo
tho resolution was necessary, but tho
Attorney-General wanted it and ho
thought it should bo passed.
Congress May Forfeit Grants.
Nelson said tho Supreme Court
had decided that tho forfeiture of
such grants could bo enforced either
In the courts or by Congress.
"This resolution," ho said, "Is
merely an expression that Congress
prefers to have tho court take action.
Congress could only declaro absolute
forfeiture, but the court of equity
could say to the railroads that If
they proceed to comply with the
terms of the grant their grants would
not bo forfeited."
Heyburn said tho same conditions
referred to in the resolution exist in
nil land-grant states, although only
Oregon Is referred to In tho resolu
tion. For 40 years the railroads, he
said, had refused to comply with tho
terms of theso grants. The settler
could not proceed against tho rail
roads to force them to comply with
tho terms of tholr grants to tho land,
becauso tho proceeding could only be
brought by tho Government, which
gavo tho grant.
"This question," ho added, in
volves millions of acres of land, worth
J hundreds of millions of dollars."
In reply to a question by Dixon,
Heyburn said he thought tho same
limitation existed In tho land grant
of. the Northern Pacfic Railroad
Dixon, Fulton and Nelson did not
agree with him In that statement.
Tho resolution, drawn by the De
partment of Justicie to satisfy any
doubt that might be raised as to Its
authority to proceed against the rail
roads, was offered as a substitute for
the resolution recently offered by
Senator Tillman. Tho resolution was
placed on tho calender under objec
tion by Senator Galllnger, who
thought it could not bo disposed of
today.
Tho resolution directs the Attorney-General
to prosecuto suits to
enforce tho rights of tho United
States pertaining to land grants made
to aid the construction of railroads
and telegraph lines by the Southern
Pacfic Railroad Company in Cali-
"fornia and Oregon, involved in the
act of July 25, 18G6, and to tho grant
mado to aid in constructing a military
wagon road from Coos Bay to Rose
burg, Oregon, under tho act of March
3, 18G9.
Fulton is confident that ho will se
cure the early adoption of his resolu
tion. Tho resolution as introduced
is satisfactory to tho Department of
Justice, although contention was
mado in tho general debate by For
aker, Nelson and Heyburn, who say
that suit may bo Instituted by the
Department of Justlco without tho
directlon of Congress. Senator Ful
ton believes tho objections will u
withdrawn and tho resolution adopted.
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Try a 25c bottlo and see for yourself
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McArthur at tho Prescription DniS
Store.
Only a few days left to get ladles'
hose at. 11 cents. Coos Bay Cash
Store.
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