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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (March 9, 1908)
1 t , J1' i ... .THE OREGON . DAILY , JOURNAU PORTLAND, MONDAY. EVENINO. MARCH 9. VlOOS. SETTLERS DECEIVED Judge Wolverton in Ovcr- ruliiur Demurrer Agninst V Cancellation of Irrigation , ' Contract Siivs Officers 3fade False Statements. on OTA FIDO c L 01 III FOR RAINBOW W. E. King Will Enlarge 31 ill 'at Rich Mormon Basin Jline. On the around Uiat i ertaln statements '-.Of the officers of the company were " false, which nwy iult In criminal , proHerutloii twins brought against them, the demurrer to a bill for cancellation filed by the Three Sclera Irrigation company which was Rued by the a tat .'''for cancellation of contract, has been . overruled hjr JuUre Wolverton In the , . 1 ' united States cilMrlct court ana a re f celrer for the company la to be appoint ed according tu the original complaint ,. of the plaintiff. - - - The auit la the outgrowth of a con ' , tract entered into by (he company with ' the atate land board to reclaim 27,000 " - acree of land In Crook county under the - provisions of the Carey act. The atate ' ud for an order to cancel the contract, claiming that the agreement had not , been fulfilled. Afterward the Irrigation .company filed a demurrer to the bill of , t oemplaint. Judge Wolverton announced his de ' elalea thla morning, lie flnda that only J about J.O0S acrea of land have been " 'reclaimed and that In addition to lndl .;, : cations of falae atatementa of offlcera : 'of the company, one of the euoceaaora l to the defendant. In violation of the ? law. contracted for Hens agalnat the ' land in question and that the defend ant companies are Insolvent. The rtayne ot the receiver haa not as yet been announced. The Three Sisters Irrigation company, which, elnce Its original Inception, has bees) reorganised and is now known as the Columbia Southern Irrigating com . pany, holds a oon tract with the state , for the reclamation, of 17,000 acres of land lying on the west aide of the . Ueschutes river In Crook county along , the Tamalo river. More than two years ago, during an Investigating trip made Dy Governor Chamberlain and members of the state land board, settlers along the canals of the company entered protest to the lack of water and wholly Inadequate methods , pursued by the company to which they s were subjected. Governor Chamberlain at that time ' s told the settlers who had purchased . , land and given notes to the company for the balances due, to disregard payment . , of both principal and Interest until the company was forced to meet the terms, " . roles and regulations laid down by the ' K land board, nearly all of -which the com- pany had violated in Us relations with - the settlers, whom It had Induced to ' : purchase land under promise that water in sufficient quantity would be con veyed to their tracts for irrigation pur poves. Investigation made by State Engineer Lewis showed that although the com i';nany had segregated 27.000 acres, and mhad bo hi and pocketed the money from , . the sale of s, fat-Re portion of this area, there wa in reality only sufficient wa ter to reclaim about 11,000 acres. ; Slnco the visit of the state land board to the project two years ago, there has l been constant turmoil between the set tlera and the company, the former threatening at various times to bring . criminal : prosecution against the offi cers whom they allege have swindled ' them out of their money under promise to provide water a matter which the , . company la unable to do. BOURNE'S INTEREST (flpn-Ul Dtapatca to Tb Joornal.) Hakur City. Or, March $ That the output of wealth pure gold will b greatly Increased at the Kainbow mine la assured by Manager W. K. King who at present is occupied In installing five more stamps in the mill. King la reticent, talk Jlttle about the mine unless Questioned very closely. but what he aays has that ring of sin cere truthfulness which la not always found In mining stories. Jn speaking of the Intended improve ment In the mill he stated that the oompany wa. stuIll arranging tninaa so that the Italnbow's output would be very largely Increased, lie aald there is enough ore blocked out and in sight to run the mine for four years. At the 100-foot level amtay of the ore In dicate values of $17 I S per ton, and the concentrates shipped to the Tacoma smelter show a value of 1113.10. In a couple of weeks the five additional stamps will he in plana, making a to- men u COLLISION COSTS mntMM ; Accident Between Dredge and Manzanita Costly for Port of Portland. tal of 1 dropping. stamps that will. Perfect fitting glasses II at Metiger's. LEADS "REDS" TO RIOTERS GRAVES (Continued from Page One.) of ECO acres of land situated near Hol ' brook In thla county which he purchased 1 from the company May 8, 1893. On ' pages 42 and 43 of book 197 of the rec . ords of deeds is recorded company deed 176 setting out the transaction. By this record it is shown that March ' 27, 1843, A. Comstock agreed to pur , chase the land Of the company, after ' , ward ' assigning his claim to Bourne. . : May 8. 1893, Bourne paid the price asaea, z,zu, ana was given tne deed ' which was duly recorded. The descrlp- lion or tne iana as given in tne deed ; calls for the west of the northeast . the southeast M. of the northeast A, the west -Mi of the southeast the south--eat - of the southeaat Z and the - west of section 11, township 2 north of range 2 west of the Willamette mer- - idlan, consisting of 660 acres of grant viand situated near Hdlbrook in Multno V mati county. bince, under the terms of the land Emma Goldman to SpeaK Be side Bones of Haymarket Anarchists Today. (United Press Leased Wire.) Chicago, March 9. Denied the right of speech within the city limits, Emma Goldman, high priestess of anarchy, plans to lead her followers ' to the graveside of the Haymarket rioters today. Asked whether the gathering was to be in the nature of an anniversary ob servance or celebration, and at what hour of the day she would be there. Miss Goldman replied: "I will say nothing more, nor do I want any further questions asked. The police has denied the right of free speech within the city limits, but they won't bother me at the cenietery. "I have a right to go there. I am not challenging the Interference of the department, but I declare again, as I have declared a dozen times, that I am In Chicago to teat the right Of free speech, and I will test it" PRESNCE ETjns ENGAGEMENT Corinne D. Robinson Will Not Wed Dr. George H. Draper. Damages to the extent of $11,70.0 against the Port of Portland on account of a suit filed by the United States against the Port of Portland as the re sult of a collision between the d red as Columbia and the lighthouse tender Mansanlta, were allowed by Judge Wol verton in the United States district court this morning. The accident occurred near Westport on the night of October 6. 1106. the Manzanita being downward bound and the dredge. In tow of the tug McCraken, on Its . way up stream. The Columbia had been at wOrk near Coffee Island. That the fault of the collision was due to the absence of running lights on the tug and tow; that the tow was without constant lookouts, and that the signal of the Mansanlta was not recognised, were tne salient xacis or in evidence upon whioh the Judge basei hla decision. Utter failure to recognise xr reply In some way to the signal of the Man' sanlta so as to appraise her of their actions and intentions, was very gross, on the part of the officers of the Co lumbia," aays the decision -of Judge wolverton. Also mat -ine nuraen Be ing Imposed upon the respondent to that show the Mansanlta was also a grant given to the company by the gov eminent, me company is allowed to sell only 160 acres of lands to one home- , ateader at a uniform price of $2.50 per acre, u is mougni mat pernapa senator , 1 Bourne has a personal interest In not " enthusiastically supporting the Fulton . resolution providing for the adjudlca tlon of titles to these lands. (Catted Press Leased Wire.) New York. March 9 After a court ship extending over a long period, Corinne D. Robinson, only daughter of Douglas Robinson, a niece of President Roosevelt, and Dr. George II. Draper, arandson of Charles A. Dana, have dis covered that they are not suited and have broken their engagement by mutual consent. Draper is the son of the late Dr. William H. Draper. He was graduated from Harvard In 1903 and later at tended the medical school there. He has been an interne at the Presbyterian hospital for two years. CAPTAIN AMUNDSEN INSPECTS GJ0A (United Pre Leased Wire.) Vallelo. Cal.. March 9. Captain Ron ald Amundsen, the famous Norwegian eanlorer. will visit the Mare island navy-yard today to Inspect his boat (JJoa, Through the courtesy or uommanaant T. S. Phelps, his steam launch has been placed at his disposal. After slight re pairs have been made, the explorer will start on his Journey, sailing through the Northwest Passage. contributing factor to the casualty.' SHEEP COIIIG ' HnjUUIi Sheepmen Forming: Syndi cate to Lease All Corpora tion Timber Lands. (Special Dltpatek to Tb J on null.) Klamath Falls. Or.. March . J. F. Kimball, local representative of the Weyerheauser Lumber company, has re turned to Klamath Falls from Lakevlew, where he has been for several weeks leasing the lands of the company In Lake oounty for g raxing purposes, ac cording to the plans of his company for this year. He Is now ready to lease the lands in Klamath ootnty, and local cat tle and sheep men will be given first consideration. ' The Weyerheauser, Hop kins, Oshkosh -and McCloud Lumber companies own 600,000 acres of timber land In Klamath and Jackson counties, consisting of fine grazing lands. It Is reported here that a large corporation is to be formed of sheep men, among them W. O. McKendree and D. Edler, for the purpose of securing control of this large area of grazing lands and that they contemplate putting on 60,000 head of sheep. Klamath county has never been in vaded to any great extent by the sheep men but the leasing of timber lands by the government and the corporations has given the sheep men a chance to come In on an equal footing with the cattle men. The land to be leased is near the rail road and possesses this great advantage over graalng lands In the Interior. Klamath county may come to rank with Lake and Crook counties in the sheep industry. CLEVELAND CASE AGAINST TRUST United States Examiners Hear Charges of Crime Against Standard. Heart; Troubles Tne Jfceart xn&y be weale just tho same as the eyes, 1 stomach or other organs. It often happens that' " a person is born with a weak heart. Then again dis ease, fevers, over-exertion, anxiety, nervousness, rheumatism, etc. weaken the heart. The result is shortness of breath, pal pitation, pain in -the heart, or in some of t the nerves o the chest or abdomen. The heart should be ' strengthened with a tonic, uiu xor ima noining equals Dr. Miles' Heart Cure. pe last fall as I LaOrlpi a mild form. I was weak. "I had thought In tired fMltnar mnA ihiuf t k-w could hardly go about, and a 'good! deal of the time sort of an aathmatlo breathing and extremely nervous. I b?. taking Dr. Miles1 Heart Cura and Nervine and now I feel so much better in every way. I am so thank fuJ.that.J began taking this medicine, and shall not hesitate to tall others) how much good it haa done me." MRS. F. J. NORTON. Freerflle, New York. Your rfruflotst sells Dr. Miles' Heart Cure, and we authorise film to return Prl2 l.f,rrt (only) If It falls to benefit you. Miles Medical Co., Elkhart, Ind REGISTRATION CLOSE TO EIGHTEEN THOUSAND East Sidef Has a Big Lead of Voters Over the West Side. EATING WITH HIS STOMACH That's what the man who bolts his food with: out thoroughly chewing it, tries to do This is particularly true when he uses soft, starchy foods, which seldom get the necessary di gestion by the saliva, as nature intended, because most people swallow such foods as quickly as pos sible. This leads to weakened digestive organs, fermentation, imperfect nutrition, and sometimes appendicitis . QrptNiit8 ' must be chewed, and for this, as well as other rea- , sons, this food has saved many from chronic intes tinal troubles and all the misery that means. If there's .one thing about -GrapeNuts of greater in terest than its scientific food Qualities, it is its -remarkable practical adaptability to all weakened conditions of the digestive organs and its power to build them up quickly. "There's a Reason" (United Prett Leased Wire.) Cleveland, Ohio, March 9. Before a court of special United States exami ners today, hearing was begun in the case brought here against the Standard OH company charging violation of the Sherman law. The case closely re sembles that tried in Chicago before Judge Landla in which the famous $29,- 000,000 tine was imposed. Examination of witnesses will prob ably begin weanesaay. GOOD AND EVIL INJOpELT Senator Bailey in Speech "Slams" and Praises the President. Eighteen thousand voters will soon be registered for the coming election. The completed figures of last week brought the total to 17,8. The pro portion of Republicans remains the same, the majority party having ap proximately 76 per eent of the whole number on the rolls. The Republicans have 18,741, the Democrats S.tfSl and all others 97. The east side now baa a lead of 1,688 over the west side precincts. The ban ner ward -is the Eighth, with 8,083. On the west side the Fifth ward is leading, with 1,733 names. ' The country pre cincts have registered 1,778. Following la the registration by wards on the west side:- Ward 1, 61 1; ward 2, 1,179; ward 8, 864: ward 4, 1. 489; Ward 6, 1,788; ward 4, 768; total. 6,629. ' ' This is the showing of the east side wards! Ward 7, 1,878; ward 8, 8,083; ward 9, 2,240; ward. 10, 2,121; total, 9,267. TELEPHONE COMPANY Bill rrow- mi Prace s " To bring yon to our tor and thow rou the munificent line of good w carry. w.,havti . mauo general prtca reduction on , tn : nif neat craaa, moat repreaentaure, moat oeiutuui BRAND NEW SPRING GOODS All our regular cuatomera know that for dreaa gooda quality and reasonable prices, thla ttore ' la not matched in Portland or elsewhere west of Chicago: the don't need sale inducements . to bring them; they come aa regularly aa blackberries ripen ut August. But we want you, erybody,' strangers In town, to acquire the aame habitthe habit ot knowing that this is tenter i ana so we nave uisutuioa uui aggressively sweeping saie xo acquaint you with the place where valuea are regularly right qualitiee .highest and. where a sale mesne v '.; i -,- ..-,, . . r-v! , .)' it t , The Supreme Climax of Bargain Giving Theae pricea-will interest wide-awake women who Intend to get their apring eewing out of toe way at once; ao they can enjoy the eumraer, Elegant Black Dress Goods For Mohairs and Sicilians From Bradford, "'England the greatest manufacturing ' center in the world.- ,54-inch Panama, all wooL 44-inch black Panama, war- highest grade, quality; stand- ranted all, wool; standard $1 arf $1.35 value; aale....t8e gde; ale price ,68 Soinch SicUianMohsjirlugh'1 46-inch klacit Voile, an ex silk luster, standard $2.00 eptional dress fabric; worth grade; aale price.. '...fl.50 $2.50: sale pric ..81.08 Beautiful Colored Dress Goods Direct from the greatest manufacturers of the agel 36-inch Heather mixed wool Suitings, entire line of checks, plaids and stripes; value 50e, sale price SBe 44-inch mixed Suitings, which include our 75c, 85c, and 90c grades; sale price 65 e 46-inch novelty mixed Suit ings, new $1 and $1.25 val ues; sale prjpe only.,.. 85ft 44-inch plain all wool Pan ama, brown, blue, mode and Copenhagen, regular $1 val ues; sale price... ...v...T5 44-inch Serge in nary, brown, cardinal, etc.; regular $1.00 grade; sale price 85e 44-inch Silk and Wool Crepe de Paris, Eolienne and Frenche Crepe, $1.25 grade, sale price ; only 89e Dainty DurableWash Goods These ' are advance atvle f ab- rica that will prevail through-1 ; out tne Bummet, 22-inch Danish Cloth in pink, tan. red, brown, navy, ght blue and black; speciil sale price only :....1T 32-inch genuine Soisette, all colors, names on selvedge, reg ular 35c grade; sale price 25f 28-inch silk striped Challie, Co penhagen, light- blue, black, white, pink, champagne, cream. navy and garnet, 35c values, sale price 25f 29-inch wool finished Poplin, Copenhagen; blue, brown, white, pink, light blue, green, gray. champagne, creanv and navy;. 35c values, sale price xvf Lawns in small figures, dots, ring and floral effects; regular price 20c; sale price.... t2ytj Fine Lawns at 5, 6U4, and 8f. Special Lawns and Challies .....5 (Continued from Page One.) was judicial rather than political then still the supreme court of the United States would follow the state oourts which had already passed upon ino question. It was further argued that the law imposing the gross earnings tax did not tax the means employed by the government of the United States . If. onnatlttltlonal DOWBTS and was therefore not unconstitutional. In arauing the Question the caae of ir.j.rW oiralnat Portland was Oltea by the attorney-general in whioh it was held by Judge Bean of the supreme court that the laws passed under the ir,ntiv a.ni referendum did not op- .h. f.riar-si finnatitution. Knowing lhat the circuit courts would bo bound by the decision or tne supreme cum w xn.i..n Aiin .itnrn.v for the defend ants, stipulated with Attorney-general Hrawford that the case should be sub mitted without argument This wai done and the court sustained the da Exquisitely Dainty Silks New designs, new colorings, all new goods 1 27-Inch Rough Shantung suiting, new colorings, pure silk; $1 grade, sale price 85e 19-inch all silk Taffeta, ex cellent quality, all colors; a full line; sale price 65e 27-inch Cream Japanese Wash Silk, regular 65c grade, sale price 80s) 36-inch guaranteed Lining Satin, all colors $1.25 grade, sale price 85f Satisfactory White Goods Sheer India Linens, Lawns, imported goods, splendid grades: 29-inch 17c value for... 31-inch grade, value 20c 34-inch striped Persian - 25-cent grade 34-inch striped Persian 23-cent grade . .- 34- inch striped Persian 35- ceUt grade white in two ...15e Lawns, ...19 Lawns, ..15? Lawns, ...25? NOVELTY WAISTINQS 28- inch checked Nainsook, regu lar 15c, for 29- inch Swiss, check and atriped, regular 35c, for 2Rf Dotted Swiss, 25c valuea, for. snecial . lfla 28-inch dotted Swiss, 40c val ues, for 25f Dotted Swiss, 13c values, for, special 3& Pique, 29-inch width, 50c values, tor xof Buy f . Elsewhere If You Will, ' Bat See Oar Goods First CORNER THIRD AND MORRISON STREETS Mailorders Given All Advantage of These Prices I J) nized by congress when it admitted the state of Oklahoma with initiative and referendum clauses In Its constitution wmca were almost identical to the laws adopted in Oregon. The submission of the case without arsrument thla mnrnitw 'tnr .Vi purpose or talcing the contention be- zore tne united " . , . . v.w ...j ij it i Ltiii ouiLBB uuun in as murrer. iror iiae ranou m nort a time as possible. The aDneal be submitted to tne supreme oouri wnj h, prepared by the attorneys for cjaiem as puuu , r aeienee as rapiaiy as possible and gument, unless the court should asK as BOon as the state supreme court has (United Frets Leued Wire.) Washington, March 9. Senator Bailey of Texas, in criticising the Aldrlch financial bill on the floor of tho senate today, took occasion to "slam" and praise President Roose' "I have never befo Roosevelt. are seen such for argument. It is presumed that Judge Cleland'a ruling will , be upheld. The case will then ba taken to the United States supreme court, where the final battle will be fought Constitutional Previsions. Before the highest court the1 atate will argue that at the time of the edontion of the constitution the New England states had a aystem of town meetings whioh exist to the present time under wnicn tne voters or w fitwm met once a rear and enacted lo cal legislation and elected local officers. It will be arguea mat tne states in tne adoption or meir constitutions mv ro nrnlxed the DrinclDle of direct legisla tion by having the people of the states vote unon the adODtlon of the constitu tional The principle was alsq recog- mlxture of good and evil in a public man," declared the senator, referring to the president. 'Before the public gets through praising President Roosevelt for some wise act, he Invariably makes a foolish move which turns praise into censure. , "No, the president Is not responsible for the panic," continued Senator Bailey, BUddently switching tho subject. "He has done much good. We must give him credit for what he has accom plished for the people. He has de manded that the railroads deal justly with the public. The president has also did another good act by arousing the attention of the people to corporate evils. But I must say that the nation's chief' executive has done much harm in dwarfing the authority of the varl- I ous states and exalting the general gov-T ernment. NEAR LAST ACT ffl ' STEUX ENBEKGr CASE (United Press Leued Wire.) Boise. Ida.. March 9. Harry Orchard will be taken to Caldwell tomorrow and 1 the case against him, In which he is charged with the murder of ex-Governor Frank Steunenberg. will be called. It Is probable that the case will be tried during the present term of court. PERSONAL. Kasson Smith, a Portland merchant, has returned from a six. weeks' visit in California. George Oonser, cashier of : the Sfirst National bank-at Heppner, Is at the Im perial, accompanied by his wife. - B. Alexander of . Pendleton la at the Imperial. . IN winter no amount of warm clothing will make you safe if your vi tality is iow. Warmth inside is what you must have. Scott's Emulsion of Cod Liver Oil supplies carbon to the blood and tissues and makes you warm and comfortable all over. It is a safeguard against colds and all the ilUthatloni3wthem. SmaH, asilyaken doses will do it AO Oragtbtst SOL aad $1.00. passed on the Question. It will h mahauf through to the highest court as rapidly may us, Metsger, jeweler, Hi Washington. MORE SCANDAL KUUBBI Trial of Editor Neumann Will Result in New Court Exposures. (United Prew Leased Wire.) Berlin, March . Preliminary pro ceedings today In the trial of Curt Neu mann, the editor of a German anar chistic publication, charged with libel ing Berlin police, promises another scandal in officialdom second only to that resulting from the Harden trial. Neumann s trial is set ror the middle i of the present month and it was made : evident today that his defense will be In 1 the nature of a counter charge in which 1 he wiir accuse high Berlin official nt bribery and Doodling, as well as spying un pnvnun iiiinviuuHis in oraer to pro cure evidence on which to base extor tion and blackmail. Early indications are mai me intu win prove a boomer ang to the Berlin police and result in a jljoxow examination on tneir methods. Spectacles 11.00 at Merger's. TOFFEE v Let it ut good or let it alone; poor coffee is poor consolation. . Tour grocer returns your money If yen don t ' like flcWUlng'a Bestj w pajr Um. KING OF ITALY KNIGHTS WORKMAN (United Preu Leaaed Wire. Boston, March 9. Marquis Di Bruno. Italian consul at Boston, today knighted uomentloo dAlessandro, president of me xtoacarriers union, Dy order of the king of -I tal v. d'Aleasandro becomes an "Illustrious sir chevalier," the honor being eonfered upon him because of his work in the interests of Italian immigrants. Metsger fits glasses for $1.00. 1 Affiliation of the different metal trades anion bodies of the United States was, discussed at a recent conference n Cincinnati. - The proposed merger will take in the blacksmiths. boilermakers, woldsrs, patternmakers and othara. . SAVE MONEY! AVOID PAINf TEETH EXTRACTED FREE! WHEN PLATES OR BRXDOE3 ARB ORDERED ME XVw IM TEETD fc5: TEETH WHY PAY MORE? La- FULL 8B, THAT FIT 85.00 Attoo&m GOLD CROWNS, 82-K......$3.60 BRIDQB TEETH, 82K 88.50 -3" OOLD FILLINGS 81.00' nuen ifiytntoft ott VEK FILLINGS Krt Guarantee Ten Year Written We keep busy doing: food work at these prices. We hate the latest, meet modem Electrical Apparatus for doing pain less dental work. ELECTRO DENTAL PARLORS 3Q3& Washington Street, Corner Fifth Opposite Olda, Wortman ft King's BAKER CITY WILLING TO SELL ITS BALLOON Captured Gas Bag Not In creasing Eevenue of Town. (Special DiipetcB to The Journal.) Baker City, March 9 Who wants a big balloon, almost foe tea asking?' - la the Casement of one of the large department stores of Baker City there lies a huge' mass of canvass cut and sewed la the shape of a balloon. Ta fact ItArm "balloon, the only thing wrona with it Is a hole In one aide probably three feat square thf result of an acqidant when the big bag W being inflated alinoat a year ago I enUintooSfJ.-?.111"1 enierea into a contract to ascend anions Tne balloonist met with an miIi..7 haa baa oauaht ZaTIZ- fc'dentrf S" 1 the" coPmmiJa to cancel the contract and aive un Vk balloon, but the committee SStU& Ing from more or less irritation f?i? WSar-tlilBta and they Vood"? still hae tha balloon, anf weald miT " who can dig up J Uw dollars to mail. hn .. -s . 1w for they bad to advance ThVaSateu? aftl aayigator a utUa money for SSI.1?; money for expensesT Metiger, jeweler; optician. S4I Wash i) A bill recently Introduced in the m,nJ era! assembly at Albany provide? that laborer. sa' lake wkmESFg. g&l denee In tho vicinity of their work anv-i where in the state of New JLtZTZJ' supplied with sanitary uartera. . IV., . W i