N0J2I6. VOLUME LXIII.
ASTORIA, OREGON, TUESDAY, SEPTEMBER 17..1907-TEN PAGES
PRICE FIVE CENTS
LAND GRANT IS
BASIS OF SUIT
i
Southern Paclflo to be Forced
to Sell Lands for Develop
ment of the State. '
s (
NOT TO GET MORE THAN $2.50
Teit Cass Comes up After Thirty Ye
of "Hogging" by t Railroad Which
f Has Blocked Development of State for
Many Years.
PORTLAND, Sept. lO.-To lore the
railroads to le up to ths term of tbelr
laud grant, whkb 1 to hU land to
actual settler at not more than f&80
n acre," John L 6n,vder lis filed suit
against th Oregon & California Rail
road Company, the Union Trut Com
pany and 8. T. Gage, N. T. Smlfi and
W. E. Brown, trustee. The tult w
filed lu the Federal Court Dili uiovulng
by Attorney A. W. Lefcrty, who ha
trendy lueceeded In securing service on
the railroad people, end the Utter will
hire to make their appearance the first
Monday in October. The ease will prac
tloelly be dw Mod on pleading. Snyder
li a settler residing lu Columbla'county.
The far-reaching influences and t Hoot
on the railroad company's holding! are
apparent, If Snyder win, for It will de
termine a question which l Bill haa
been for the hut eight month one of
the mot important In the community,
and one which, If Snyder ii successful
trill do ore todevelop the state than
anything el of recent year.
The company recdvod nearly six mil
lion sere. It bn already told uearly
tmlf tint amount. When lh romnanv
received the bulk o the patent, about
ten yenr ego. It Immediately disposed
of thou'anua of acre ot the euoieai
land to the Booth-Kelly Lumber Com
pany, A. Q, Hopkins, A. B. Hammond,
Hammond & Wintou, the Curtla Lumber
Company and other. From sales here
tofora made tlie eopnny ha already re
celved an sount equal to f'2.50 an Acre
for the entire grant, a well a all taxes
paid. It haa received already more
money than Congrea Intended should
be donated to it. There remain unsold
about three million acre of these lands,
and if Snuydor win hi suit, the com
pany will at leat have to comply with
the law a to the remaining land.
The company now claim the absolute
fee-simple title to these remaining
laud. Mr. Ilarrimau aay hi company
will hold them for the use Of 111 road
for tic. But he say they will aell
their agricultural lnndi to settler.
They do offer 'to aell non-timbered land
to settler, or to anyone ele, but only
for the market price. They offer no land
for f.2.80 per acre unless that I nil they
nrc worth on the market, and they have
never offered an acre of laud at any time
ecept at it full market value, They
liave never offered nt any time to com
ply with tho tow, either In part or in
whole, and they do not offer now to com
ply with the law in wholo or In part.
Mr.' ILirrlmnn's statement wa simply
Intended to fbol the public. Moreover,
thefo are only two chute of land rec
ognised by tho government, towit, ngri
tultural lands and mineral land. AH of
these granted lamia are agricultural
lands and mineral land. All of these
granted land are agricultural, bemuse
mineral land wore excepted from the
grants. ,
BLACK HAND VICTIM.
Believed Murdered Man Was Victim of
Sicilian Vendetta.
DENVER, Colo, Sept. 10. Believed to
be the viotim of tho Black Hand or of a
Sicilian vendetta, Gerardo Carnival!, a
market gardoner, was shot through the
head and killed early today, while re-
.. .....it . I.,- a... 1. ..... I..
turning 10 ins iruoa larm in iub out
skirts of the city, from the Italian quar
ter, where he epent Sunday. Five hoU
were heard by residents In the neighbor
liood where the crime was committed,
and it is believed that Carnival! was at
tacked by at leat two men. , Giacomo
Letitlo, who wa arrested In tlie vicin
' ity, admitted that he shot Carnival!, but
lulmed that he shot' in eelf-dolcnso,
After being attacked by. Carnival! and
companion, v i J .J'.'jitfti'
BEAUTY WINS POLICE.
California Woman Sobbed of Her Watch
, In Chicago, '
CHICAGO, Sept. 10,-Mrs, Vlvl Kern
krr, former artist' model and "belle of
tlie Golden West," related a story to
Captain I', K. O'Brien today, at dclec
tlvo headquarter which caused that
astute thief taker to send a score of his
bet men In search of a mytterlous and
fnhlonahly attired criminal. .
Th appearance of Mn. Kemker at
the detective alike caused a sensation,
Her beauty occasioned more comment
than her story of the loss of a diamond
studded watch valued at. $300.
The victim of the thief la on t visit
from California to the home of Dr. 0.
Bude, 324 Tblrty-firtt street. ' Having
occasion to send a telegram, she called
at the office of the Postal Telegraph
Company, where she was compelled to
wait several minutes, as the clerk were
busy. During bat time aha was ap
preached by a fashionably dressed man.
She Ignored him. The next Instant be
grabbed her watch and ran. She started
in pursuit, but her assailant was soon
lost In the crowd.
RUSSIA PLANS BIO FIGHTERS,
ST. PETERSBURG, Sept. lfl.-The
Admlrallty is examining plan and etl
males for four new battleship, Die dis
placement of each of which will be
21000 ton.
The dtinentlona of the British battle
ship Dreadnaught are: 17,000 tons dis
placement. The Bellerophon, the largest
hatthshlp In the British navy and in
the world, ho a displacement of 18,000
(urn.
METHODISTS TO MERGE.
LONDON, Sept. 16.-The Methodists'
new connection, the United Free Church'
e and the Bible Christian Methodist
Church.: will b. formally, merged InU
one organisation under the name of the
United Methodist Church.
Is Favored by Majority on Mis
souri Pacific Road.
WOULD SPREAD OVER COUNTRY
I
Tie-up of Many Big Lines In Prospect
if Terms Are Not Made and Tiaffic
Will Receive Biggest Jolt in Many
Years.
KANSAS CIT1', Sept. lO.-The Star
"ay today that the Brotherhood of En-
jrineers in Kansas City assert as result
of a vote recently taken (17 per cent of
the membership of the Missouri Pacific
favor a strike because o fthe company's
refusal to make certain concessions in
volving round housing of engines at th
end of the mm. It Is said nstrike of en
gineers on' the Missouri Pacific would
involve engineers on all the Gould ..lies,
including the Iron Mountain, Denver &.
l!io Grande, AVutiash, Texas and Pacific,
mid International and Great Northern.
Representatives of the firemen were in
Kansas City yesterday canvassing the
situation with a view to joining with
tho engineers In the proposed strike.
A conference of the engineers' order
and the railway official will be held iu
St, Louis this week. . ,
SYNDICATE DISSOLVES.
Was Organized to Underwrite Union Pa
clflo Bonds.
NEW. YORK. Sept. 10-The Union
Pacific syndicate, which was orgnnized
to underwrite $75,000,000 oonvertable
bonds was dissolved today and the un
sold bonds, which amounted to about
$70,000,000, wore distributed to the
syndicate participants, The syndicate
underwrote thi large issue of bonds at
00 cents' the same plice at which they
wero offered to stockholders, less the
commission. The stockholders took up
about four per cent of the total issue
and tho syndicate managers sold two
per cent of the total issuo and the syn
dicate manngprs sold two percent of
these bonds. The bonds were quoted at
80 cents today.
CITY HAP IS A
Portland Engineer Finds Proper
ty and Streets Overlapping
on Charts.
LAW IS NOT FULLY OBSERVED
Pretty Conditions of Affairs is Mads
Known at Big Meeting of Chamber of
Commerce Elmore . Wonts Range
Lights in Astoria Harbor.
From development at the Chamber of
Commerce meeting last night, which
was largely attended, there are pros
pects that considerable trouble will be
experienced in getting an accurate map
drawn of the lot and street. in As
toria, In response to efforts made by
the Columbia Trust Company to have
Civil Engineer W S. Fortiner, of Port
land, make a map of the city, he has
sent the following reply, which was read
to the Chamber of Commerce last night
by Mansger Whyte:
"Gentlemen: After spending much
time and effort in an attempt to con
struct the Astoria map from the plat
of additions thereto, supplied by yotaj
(meaning the Columbia Trust Co.), I
am convinced that it is not possible to
do o without the performance of a con
siderable amount of field work to deter
mine the exact condition on the
ground; leaving the reconciliation of the
ascertained differences between the var
ious plats to the owners and others in
terested." : '
"A careful examination of a large
numlier of the plats furnished by you,
liscloscs a very evident disregard on
the part of one, of work previous
ly performed, so that in many eases,
there appear to lie 'overlap, in others
tho descriptions of the boundaries are
so vague and indefluite, nothing in the
way of accurately platting them on the
map can be done.
'As my agreement with vou contem
plated constructing an accurate map.
that would represent actual conditions,
and as the information at present avail
able doe not render) it po-sllde to do
ths and I am advised that you are un
able to supply anything more reliable, I
do- not regard it wise to proceed further
in the matter until reliable data, is
available from which to construct a
nmp that could be depended upon as
being reasonably correct
"I have the note of the I nited States
engineer's triungulntion of Astoria dis
trict, and with them laid down founda
tion for the map. In the course of
this work they located tlie actual posi
tion of many point in the city between
Foit Stevens nnd Tongue Point, ana It
is through this means that tlie numer
ous discrepancies are reveaieu. JUie
position of all thpe points noted in sur
Yellow Jack I knew if Uncle Sam
me out, I'd get back all O. K. . . : .
The United State is disposed to blume Cuba for extreme neglect in allow
ing the present outbreak of yellow fever there. New Item,
vey of Corp of Engineer was determin
ed by triuirV,ulation, the angles being
repented several time, o tliat the posi
tion given are ABSOLUTE, and it fol
low that when a point shown on the
pint fulls omewhrre eta than Where
determined by this system of trianjrula
Uon, THE PLAT 13 XOT CORRECT. "
In view of the fact that this triangu
lation ha xe.p done by the .United
State government, it renders it much
simpler and a tes expensive matter now
to straighten out the discrepancies in
platting, and I should think the city and
ctyumerfial organization would be glad
to co-operate In thl work. The town is
becoming too big, property too valuable
end the making of correct conveyance
a matter ot too great Importance, to
permit longer the existence of such a
condition. A street improvement1) are
undertaken it will be found to be abso
lutely esentil for the city to posses
positive information as to the exact
location of it streets, and, this would
not appear possible at this time.
"I shall be pleased to extend any as
sistance in clearing this 'matter up,
though my judgment would be that it
is properly a city charge, Inasmuch as
no doubt very little o fthe land original
ly platted bf the owner remains in their
hands, but has been distributed among a
large number of individual lot owners.
"WALTER S. FORTINER."
When thi ignincunt leter was read,
amid a somewhat astounded silence,
Judge fBowJby was asked by Manager
Whyte to give his legal opinion on what
should be done. He asserted that while
the letter was considerably overdrawn,
there was no doubt that there were a
number of discrepancies, in which
streets had become perverted from their
original survey, and that improvements
had even been made upon these legally
crooked streets.
lie cited a niynber of instance where
this was the case, and left the impres
sion that some peculiar surveying bad
been done in the city of Astoria. He
believed that tlie chief cause of the
trouble want that conveyances had been
made without consulting the city at
torneyt and that one error had followed
another until the original survey had
settled into insignificance for the time
being.. The securing of advice cf an
attorney before going shead with sur
veys, he thought, would have eliminated
these errors.
It is certain, he wiid, that some of the
dividing lines could only be settled by
the agreement of the owners, while,
other could be settled by the courts.
The result of his observations made it
clear that disregarding of the city laws
had more to do with the discrepancies
than any other thing. President Clark
of the Columbia Trust Company was
iiskcl to take the matter up with the
Portland engineer, who claims that the
cost of finding the true lines of the
streets and plat will amount to from
two to three thousand dollars.
Samuel Elmore was present at the
meeting, and after a preliminary talk
by Manager 'Whyte, talked on the
placing of range finding lights from the
bar into the harbor in order that vessels
and steamers could enter the port at
night without running into the jetties
or Sand Island, ns they are liable to do
at present if they try to come in dur
ing darkness.
"The Columbia harbor," he saiJ, "is
(Continued on page 7)
would leave it tcthtit fellow to keep J
HINDUS RACE -TO
BORDER LINE
Four Hundred Rush Back to
Sheltering Arms of John Bull
In Canada. ,
BUILD HOMES IN VANCOUVER
Jap Ambassador Interview Foreign
Secretary in London and is Satisfied
With Steps Taken to Chastise Balky
Canucks Who Dislike Local Color.
OTTAWA, Sept. 18. Mounted police
along the boundary line between British
Columbia and the United States bve
reported that 400 of the Hindus, who
were driven out of Bellingham, are
making their way into Canada in small
parties. The rest numbering from 30
to 40 are making their way toward Se
attle. This information is contained in
a dispatch to the trade and commercial
department from Vancouver.
Hon. Frank Oliver, Minister of Inter
ior, has received a telegram from U.
Munroe, health officer, at Vancouver,
stating that 000 Hindus who arrived by
the Mont Eagle, there are 25 sick men
who will be (deported. None of them are
destitute but have about $25,000 in the
party. At present they are living in
tents', but express their intention of
building houses. ,
LOXDOK, Sept. 16. Baron Komura,
Japanese ambassador to Great Britain,
called upon Sir Edward Grey at the for
eign office this afternoon and discussed
the Vancouver affair. The ambassador
took with him several long dispatches
ifbieh he had received from the Japanese
consuU at Vancouver and Oltawi and
it is understood he informed the for-
eicn secretary that japan had the
greatest confidence that the Canadians
will punish those responsible for the at
tack upon the Japanese and were satis
fied with the steps already taken.
BATTLESHIP A PIRATE.
Wreck is Towed Away .and Think Man-
of-WarDidit.
NEWPORT, N, V, Sept. 10. "Has
"Fighting" Bob Evans turned pirate t"
Xewporters are asking each other this
question as a result of the disappear
ance oij Wednesday night of the wreck
of the big two-masted schooner Henry
M. Whitney, which ha lam buried in
the mud in the south part of the harbor
for more than four rears.
Coal-htden, the Whitney was driven
ashore one' night after having sprung
a leak. She was emptied and then
abandoned. For four years she lay there.
a picturesque relio of her former great
ness, and suddenly in the dark of Sun
day night , a vessel whose gleaming
whiteness shone out in the gloom, stole
into the harbor, made fast to the wreck
and dragged it out to sea. A hole in
the mud was all that greeted the fisher
folk when they viewed the harbor next
morning.
Those who saw the white ship come
in declare that she resembled in every
particular a man-of-war Xow Admiral
Evans' wdrships are not for away from
Newport, engaged in target practice, and
no better taiset could be found for the
boys behind the guns than the wreck
of the Henry M. Whitney.
AGAINST POLYGAMY.
ALBION, Mich., Sept, 16. At the
Michigan conference of the Methodist
Church today the delegates adopted a
resolution asking Michigan Senators- to
introduce in Congress a constitutional
amendment to prohibit polygamy.. It
was adopted without debate. ;
i
OCEAWS BUNKERS ON FIRE.
SAX FRANCISCO. Sept. 16-The
Merchants Exchange has received a dis-
! patch from Newcastle, Australia, stat
ing that the steamer Oceano from Co
mox, B. C, arrived with one of her
bunkers on fire.
PRIZE CLOVER IN CROOK.
BEND, Or., Sept. 16. A prize field of
clover is on the Redmond place, ad
joining Redmond. This olover has been
cut once and now stands waist high. Mr.
Redmond estimates that he will get 4J
tons per acre from the two cuttings.
COSTS BIG SUM.
Eighty-Four Million Already Spent on
T- Panama CanaL
WASHINGTON, Sept. 16,-Tbe Pana
ma Canal cost America (84,449,000 up
to December 31, 1906, according to a
statement of the audited expenditures
made as of that date and just pub
lished. The bulk of this expenditure was the
$50,000,000 paid to the French company
and the Panama government for the
canal property, right of way and fran
chises, and (3,449,033 went for material
and supplies.
For the general administration there)
was expended $1,124,200, government
and sanitation, (4481,089. and construc
tion and engineering, (9,729,554. Other1
expenses include (1,385,582 for rolling;
stock, machinery, second main track,
buildings, waterworks, etc.
Exclusive of the contract for labor
ers, brought to the Isthmus of Panama
at the expense of the canal commission
during the fiscal year ended June 30,
last, the number of immigrants arriving
at Colon, to which point come practi
cally all the laborers for the canal, was
an exces of 7134 over the emigrants to
the Pacific terminal
The number of passengers who left
there during the fiscal year was 1313
less than the number who entered.
From the total force of canal em
ployes on the roll in July, 1906, tie
death rate was 64 per thousand, as
against 35 per thousand in 1907. '
' - ' r. J
; , BOILERMAKERS STRIKE.
Men on Two Railroads in Spokane Quit
Work, i . -
SPOKANE, Sept, 16-Nine boilermak
ers in the employ of the Northern Pacific
shops here received word from St. Paul
on Sunday to strike. . They walked out
at once, leaving the foreman and one
helper to do all the work of the divis
ion. The Great Northern boilermakers
at Hillyard aUo received word to quit
and this, morning the entire force, con
sisting of 17 men, failed to go to work.
ROGERS VERY ILL
DeclaresHe is "About Done for"
According to Son. .
JUDGE REFUSES TO USE FORCE
Oil King's Aid in a Weak Condition,
With Face Distorted, Speech Affected
and Shaking of His Mortal Coil Not
to be at Court. .
BOSTON, Sept. 16.-That H. H. Rog
ers is in a very weak condition, thai; his
face is distorted and his speech is affect
ed so that his left side is not in a nor
mal state and that j he is unable to
transact any business or even discuss
ordinary affairs, was the substance of
estiniony given by Rogers son-in-law,
Urban K. Broughton, in the supreme
court thU afternoon. .
H. H. Rogers, Jr., testified that his
father has signed but three checks and
a powen of attorney to open the vault
since July 2i His condition, Rogers
says, has shown slight improvement in
the past few weeks. Broughton testi
fied that recently 5 Rogers, senior, had'
told him to take up the business where
he had left it, as he, . Rogers Sr was
"about done." After hearing the testi
mony, Judge HJmmond denied the mo-N
tion to bring H. H. Rogers into court
for the purpose of showing he is capable
of testifying.
FORD'S JURY SECURED.
SAN FRANCISCO, Sept. 16. Three
jurors were secured probationally this
morning for the trial of Chief Counsel
Tirney L. Ford, of the United Railroads,
charged ,with bribery. The , talesmen
were examined for the people by Dis
trict Attorney Langdon and for the de
fense by Attorney Earl Rogers. The
passing of three jurors this morning fill
ed the box, five jurors having been fin
ally accepted and four temporarily pass
ed hist week. ' Following a conference
with counsel, Judge Lawler announced
that hereafter the morning session of
the trial will be held from 9:30 to 12:30
o'clock and, afternoon sessions from 2
to 5. There will be no night session.