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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Sept. 16, 1907)
LITTLE LINERS WANTS' FOR SALE," " FOR ;RENT ' LOST AND iFOUNP COST OI I y iyt T7" r&urr a xrrT r tkt tmp n a "v r.i ci tiwitv a vrini tt ivt a .Wll' v;.V.w ' ' , : ' . ; i " aL.L" ' l w oh nun in mrvrt VOL. VI. NO. 166. ; : ' j '' PORTLAND, OREGON, MONDAVj: EVENING, SEPTEMBER ,16, 1007 FOURTEEN PAGES. PRICE TWO CENTS. lAiisa, ma cmia . The weatherOccailonal rain tori X J ,. Jy' I ' Llfs VA-i night and Tuesday; aoutherly winds." - c sv . , - MjV - j ' - . - ; i; , : 1! TAT01I) WITH . STAfE OF LEGAL fflACC . -r- ; r- : : : : pihone suo j DANGEROUS Attorneys Incredulous as to Suc cess of Corporation's Move, but Acknowledge Gravity of tfie Situation. TO ill LAND SALE John L. Snyder Begins Suit to Compel Oregon & Call forma to .Give. ..Title to Property Acquired Under Constitutional Grant. ' Oreeon is threatened with a state of legal chaos, if the effort of the Pacific States Telephone & Telegraph company to overthrow Bill of Complaint Said to Be the initiative and referendum amendment is finally sustained by Itesult 01 Much Study and the United States supreme court. While attorneys are generally Follows Upon Investitfa incredulous as to the success of the corporation's contention, they tion at Washington of sav that if the amendment should be declared wholly unconstitu- StatllS of Case. tional, the consequences would be fraught with the utmost gravity. Four important laws have been adopted by the people of Oregon, acting through the initiative. First In point of tln. as well as In importance, are the locnl option law nnd the direct pri nfirv lntv both enacted in June. 1904 Two years later the people jenaeted in the name manner a law imposing a tax of I rer cent on the gross earnings -of telephone and telegraph companies and 1 per cent on the gross earnings of ex ress companies; also a law Imposing . t per cent tax on the gross earnings f sleeping car, refrigerator car and oil mpanles. These laws, especially the two first Imed, have wrought enormous change Oregon. Under the local option law nv counties, cities, towns and pre- Acir have 8boUshei'4liSale" af-ln- J letting liquors within tneir Dounna . Under the direct primary law the x)Ie of the state have own state hands the taken into nomination of 'y candidates-for ornce, aoing away n the old political machines ana v lr attendant corruption and boss 'le. ' Power of Referendum. 'Hand in hand with the power of lnt- , Kubllng the people to review and repeal I he laws enacted by tne state legisia- ure. The high estimation placed by he voters upon the referendum has .een evinced by repeated resort to It Tlthin the past three years, notably in be' case of the state university appro bation and the normal schools. Prominent attorneys, while declining , o be Interviewed for publication, be ieve that the o,uetlon as to the con- fttutlonallty of the initiative and ref- rendum will undoubtedly De carriea 10 he ftunreme court of the united states, ' .'he oornlon is freely expressed that ' h Ahlpr tlnns to the constitutionality ' if the amendment are fanciful and of Little weight, yet the issue Involved 1 (nf such vast Imoortance that no pre- caution can be overlooked by the de- i fenders of the measure. "It Is-up to the friends of the ini tiative and referendum and that means the friends of the direct primary and the local option law tqo to see that their side of the case Is Tully presented to the courts," said A' well-known at torney this morning "It won't do to relv alone on the - attorney-general for he will have arrayed against 'him some cf the ablest corporation lawyers on the coast.' Everyone knows that all the bia- corporation, the railroads, the telearaDh. telephone and express com panles look upon the Initiative and ref erendum as the , work of, the-devil, and they will do all In their power to assist ill K V VI Vill J r IH0 fcsiv itHJuuuutvii A Parorable View. It Is pointed out bv friends of the Initiative and referendum that the ob jections urged by the telephone corn ea nv would at most mvaiiaate oniy un important features of the existing laws. They argue that a law enacted through the initiative and which proved to be, in some minor point, antagonistic to the federal constitution, would be inop erative only in tnat particular provision and that the remainder of the law would stand. Other states have adopted the i Initiative and referendum and In none , of them has any successful assault been I made upon these powers of the people, Whether the arguments advanced In be half of ' the Pacific States Telephone Company will Induce the courts to take k new view of the question is a matter t. Is yet of conjecture. The corporation Is -Represented by one of the foremost legal : rms of San Francisco. DENIES STORY TOLD OF ' i DE CHIMAY'S CHILD (United Press teased Wire.) : ' , Chicago, Sept. 16. The sensational itory told by Mrs. Mary Martin of Oak land, California, who has arrived here with a 16 -year-old boy, and who she says is the boh of Prince and Prlnoess Ie Chi may. is denied by Thomas Lyons. executor of the estate of Millionaire Ward of Detroit, who was the father of the princess. Ajrs. Martins story is that when the boy was born to the princess a girl was substituted and the boy taken to California, Mrs. Martin tells the story in asking that the Ward estate support the. boy. Lyons, says cniy two children were born to the prin- cess. . '' " It 1 If I ;- I 1 1 V-' J II v. i ' ' ' A-. W. Lafferty LAUGHPROOUCERS HOLD CONVENTION The first suit ever brought to com pel the Southern Pacific Railroad com pany to sell part of its land acquired under congressional grant to actual settlers at 12.60 an acre was commenced this morning when A. W. Lafferty filed a bill of complaint in behalf of John L. Snyder against the Oregon and Cali fornia Railroad company, the Union Trust company, 8. T. Gage, N. T mith and W. E. Brown, holders of a trust mortgage on the lands, asking that the defendants be compelled to sell ICO acres of the famous land grant lying Delegation of Humorists Arrives at Los Angeles. (United PrM Leased Wire.) Los Angeles, Cal., Sept. 16. Thirty five ' humorist writers, accompanied by their wives and families, arrived on the Salt Lake Limited train shortly before midnight last night to attend the fifth annual convention of the American Press Humorists, which began its ses sion in Los Angeles today. Members of the special party were met at Bar stow by the committee from this city composed of Frank T. Saaright, J. C. Stuart and Wlnfield Hogaboom. Im mediately after the arrival of the hu morists they were escorted to the Alex andria hotel, where their headquarters will be during ths week. The visitors today made a trip-to Monrovia and San Gabriel, where a luncheon was served. In the evening they will be entertained at a banquet at the Alexandria hotel. A number of humorists of the Pacific slope and the middle west are expected to arrive today.. Domestic Heir to Half Million. ,. (Special DUptcb to The Journal.) Spokane, Wash.. Sept 16. Mrs. A. O. Benjamin has fallen heir to nearly $500, 000 by the death of Isaac Wing of Bay field, Wisconsin. , Jars. Benjamin's hus band is dead and she is working for a living as a domestic. in Columbia county to Bny II successful, today s suit may develoo Into the largest land case ever known in the world, for the Southern Pacific is holder of row than (.000,000 acres of land acquired by grant to the Ore gon and California and Oregon Central railroads, and valued at more than 130.- 000,000. The bill of complaint is long and is the result of months of study and prep aration on the part of Mr. Lafferty who made a trip to Washington to stu.1v records and confer with the department of Justice. While in Washington, Mr. Lafferty held a conference with Sena tor Jonathan Bourne and Attorney-General Bonaparte, after which he submit ted a report of his research to the attorney-general which has since been published in phamphlet form. In the complaint are quoted sections of'the congressional act of May 4, 1870, under which the land was granted to the railroad company ana upon which the success or failure of the suit depends. Chief among these is the section pro viding that the railway company shall ell to actual settlers all of its lauds save those necessary for depots, sta tions, side tracks, wood yards, stand ing grounds and other needful purposes. in quantities not exceeding 160 acres at the rate of $2.50 an acre. Many persons have endeavored to hnv th lanHa trrtm thn nnmnanv hut American !L1U"L''1L b: ,.ne n J.0 in. i.iiu, iiii, ji . 1 , . 1 1 1 v. giuunua ailu un" come settlers. Snyder, who is a young man of 28 years, picked out a choice piece of land In Columbia county, July 30, this year, and has since resided upon It. He made a tender of $400 to the company for the land which was re fused. Patented SB Tsars Later. One fact brought out by the com plaint and one which comes as a sur prise to many lawyers is in regard to the time the company patented the lands. This is considered important in reference to the statute of limitations which it has been argued the company will advance in support of its claim to the lands. The section settled Upon by Snyder was patented In 1896, 25 years after the grant was passed by congress. It Is argued that Snyder was in his mi nority at that time and the comnanv could not have held the land against him adversely until he attained his ma jority. Another point in regard to the statute of limitations is that the com pany has not held the lands adversely at all save in Snyder's case because the act of congress provides that the com pany is but a trustee of the lands and not an actual owner. If this is true it is claimed that the company held adversely against Snyder only since he actually settled on the land last jniy. and tnererore, the stat. ute of limitations does not apply. Has Tlolated Trust. The complaint alleges that the FIRST DAY OF SCHOOL BRINGS OUT M ARMY OF PORTLAND SCHOLARS -r - ' wjgFtkJi: W i ll - ' P MCy :W$cf ffJ W :M - I..,: I - : 'Jka--te-vu I.V7 Yi m XkS tVTtiQ ' It 'J?''.! V 'V WEST SIDE SCHOLARS taMaMaBsMsssssassBssassassas DENIES CHARGES mm RUCK Court Reporter Boys Says Was Xothinp; Personal in Borah's Indictment. rail way company nas in ine past 1U years violated the trust reposed in it by con gress by selling about one-half the land (Continued on Page Two.) POPE WARNS AGAINST MENACE OF ATHEISM LID CLOSED DOWN OK 4lXJA(S0(X)MTY (Special -Oiapateb to Tt loanaL) Medford. Or., Sept 1.District At torney Reams and Sheriff Jackson this ; morning put ths lid on Jackson county. Notice nas been served to take out all slot ' machines, including those paying cigars, and all saloons re ordered to close on Sundays, - v - (Catted Pre Jased Wire.) . Rome, Sept. 16. The pope, alarmed by the spread of liberalism among the Roman Catholic clergy, has Issued an encyclical .which says: "Modernism is a peril for the church. Its reforms in faith, philosophy, the ology and history are driving those who believe in them to atheism. Curiosity. pride of individualism and disregard of tne true uatnolic Knowledge and dis cipline spreads modernism among the clergy." The encyclical declares that teachers in the Catholic schools imbued with the spirit of modernism must' be dis missed. . THIRTY-TWO DEAD IN WEST CANAAN WRECK Portland friends of United States District Attorney Ruick of Idaho at tach little Importance to the charge that he intimidated the grand Jury and forced it to indict Senator Borah. John K. Boys, who went from Portland to Moscow as a court reporter to . report the land fraud trials there, in discuSs" ing the matter, said: "I am a personal friend of Mr. Ruick, against whom sensational charges are reported In the newspapers. These charges of personal spite against de fendants and of Intimidation of grand Jurors made against Mr. Ruick are not news. They have been made against him at every trial of. a land fraud de fendant in the state of Idaho. "The truth of the matter is that there is not a prosecuting attorney of Mr. Rulck's force and legal attainments in Idaho who tries a case so fairly, and with such genuine courtesy as he does NIGHT WATCHMAN SHOT BY BURGLAR f. ' .' (Cntted . Press leased Wtra.) - Concord, N.- H.,4 Sept. ,16. Hundreds xs" today; trying to taenury. io. oodles taken- from the West Canaan railroad wreck yesterday. The death list is now 3 and (0 re Injured. An lavMtiiatloa j has been started to determine whether the mistake that caused the catastrophe was made by the sending or receiving operator. The Boston, Maine railroad has issued- a statement attributing ths collision to an error in tUs afghy or rscsivJiif ot order. ........ (Special Dlapatcb to Tbe Journal.) Grants Pass, Or.. Sept, 16. 4 Night Watchman James Swear- 4 ingen was shot in the hip early 4 this morning in a revolver duel .' with robbers who cracked aafJ)s at Glendale last night, escaping with .the contents. -He is -not d seriously injured. One 'r- robber d was captured. He bad on him weapons stolen from a hardware 4) store here. GETTING OFF CAR UP STAIRS TO THE HIGH SCHOOL ON THE WAY TO STUDY "WAITING FOR TEACHER." with due consideration for the rights of the defendant as well as of the gov ernment he so well represents. The evidence In these land fraud cases is all gathered by a corps of special agents of the government, In the employ and under the control of the land depart ment of the department of the interior. All a United States district attorney does Is to submit that evidence to the grand Jury. "So powerful have been the influences brought to bear upon the national au thorities that Mr. Ruick was called to Washington, D. C, to explain his con duct of his office and his official acts, including his methods before grand Juries in Idaho. Mr. Ruick s contlnu ance in his high office, and the confl dence of the department of Justice Is an answer to his enemies. "The fact that he, being persona non grata to Senator Borah, requested to be relieved from trying the case against the indicted senator, Is indicative of the district attorney's desire to remove any suspicion of a personal element from the pending case. leacners ana rupus pusy as Bees Arranging Classes, Buy- ? ing Books, Outlining Work CANADIANS SHOUT FOR WHITE MAX'S CANADA (United pWss Leaae Wire.) Wlnlpeg, Man., Sept. 16. The anti- oriental 'trouble on the Pacific coast is the all-absorbing topic of the conven tion of the lumber congress, which opened its sessions this morning. "A white man's Canada for us" is the cry of the 600 delegates. "Between the dark and the daylight. When the night is beginning to lower. Comes a pause In the day's occupation. Which is known as the children's hour. Lohgfellow surely had not seen the opening day of school or he would have made the hour 9 In the morning, and would have written a sequel to his fa mous poem on the children's day as well as the children's hour. There was a variety of expressions and a variety of sayings as the children frrfm all over town flocked to their vari ous schools this morning. Some were full of regret at the departed vacation which had brought them so much fun; others were glad for the new experi ences that the new year of school might bring them. Children Make Resolutions. "I am going to be on time and not miss a single day all this1 year," one 3" ADVERTISING RECORD FOR THE WEEK ENDING SEPTEMBER 15th The volume of paid advertising carried by the three daily papers of Portland in regular issues, for the week ending September 15, was as follows: Local, inches Foreign, inches ......... Classified, real estate, ins. Journal. 6,987 810 Orefonlaa. 7,033 74G Telegram. 5,703 471 10,378 10,768 . ' 7,789 The increase in Jourrlat av.eilUtng:,iMr ; the.eefc' tnf-i ing September 15, . 1907, over the corresponding week? of last year, was 2,213 inches. " ; S -. i - V ' "'.Vw-v 1.'if X TTTTTTTTTTV ambitious little girt announced, "and . then I can get ir" name in the paper.'. "I didn't miss any last year, another said, "and I have never been tardy, but I didn't get my name in the paper." "Weil, I wouldn't never nave been tardy, neither," a stalwart chap assert- r . ed. "only sometimes they rang the Jbeli so eariy. , f-. . Hundreds of children flocked to ths Ladd scnool this morning for the, first ; day. some of the new . ones with their mothers to introduce them and sett them properly settled, the old students with an air of superlorirj their arms about each other's waists and talking of their summer vacations or of things that hat . happened last year. Wanted rixet Day Continoous. . 1 "What class are yoa in?" was a com mon question, and those who answered with the ei' tth grade swelled. Visibly in ; replying. ' s One forlorn little girl came holding a pretty bunch of asters in all colors, and was asked what- she was going to do with them. Some one maliciously hint ed that she was going to try for a "stand-in" with. her . new teacher, and said she was beginning to "soup" rather early. But the child protested indig nantly, with tears tin. her eyes,, that they were for Miss , her last year's teacher, and that she was so sorry she had to o- into the next room and have a new teacher, for she had-loved Miss . Long befors the call-bell rang th halls were f Uled with children ready fi their new conquests, and many were around greeting their old teachers.- Ths teacners wore smiles of - patience and gentle tolerance calculated - to - last for two days. Ths , children presented a fresh appearance, moat -of them wear- -Ing their new school dresses for ths first time and feeling as gran t in their new. nee a as If they were dresxed for Sum! i v. The girls, patted each other's easti,.. and straightened out the Jumper rihhmu on the shonldera, and the. boys felt other's pockets and counted to see v i, had the most.. And all around a fi'o- and jUrooapnAreoxgQod-jwtli an! ment reigned, and. as one uti W A .1.11 J was the first- day, and then tie tmv day of fi I.WOU If) n't get to paw it- so ntucn. " : . . r Vr'vi.rf vClwoM Courses. ' " ; When the bell sounded sharr i o'clock this ; morning at th l..r - i Illgh school young men and wnim u v will take the course this yefir i,.r. Continued, on Tigo ri , . - . ' ' 1 ...,' i