THE OREGON. DAILY JOURNAL, PORTLArlfc. -"WEDNESDAY, "EVENING. APRIL 1. '1CC3. r
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11
Benson; Hyde,4 et al, After
Repeated ) JTrials, V Again
Face Court to Answer the
Cliirgo of 'Swindling: the
Government'-'
keonl':ot Case Shows How
4 ne rower or wealth can
''Block; Wheels of Justice
Hard Battle to Down the
' ; - i
4 i.(Mv' '
RECOHTJ tJ "BfcNStlN'S CA-
' - REER IN THE COURTS.
' 1888 Indicted." II times In
4 California for land fraud. ' 4
jl .' : 1887 Undsr'-.Xt IndlctmenU 4
' for conspiracy and fraud. '
,- 1IS1 Takaa appeals, gsts his
4 else shifted from court to court
4 and obtains many adjournments. 4
4 . 188 Compromises with the 4
4 government and civil actions re o
4 commenced against him. . . , .
-mi Indicted at Washington, ,
d D. C for bribery of government 4
w officials. , ,,., . ,- .
1901 Indicted at Washington
4 for defrauding tho United States.
4 1904 Arrested . in New Tork
4 for bribery.
1108 Indicted at Washington
' for conspiracy and bribery. . '
10T Convlottd of conspiracy 4)
and sentenced to 1 years la
" prison; esse appealed.
4. 1M Nextt , -
. ' ' . ' ..--' : - .
Washington. April l.--After repeated
delays sod . postponements, John A.
l-enson. J. H. Schneider, Henry R IM
tnond and Frederick A. Hyde, reel es
nt on.ratora of the Pacific coast, are
finally to face the bar of Justice and
anvwer to charges of conspiracy to- de-
fraud the United states oui oi'vaiua
Ha timber concessions In nearly every
rtate treat of the Mississippi river.
These four defendants, according to ths
government officials, are the ring lead
ers of the most stupendous land frauds
ever brought to light in this country.
The cases, were called for trial today
t Vrore Justice Stafford. The trial is ex-j.rt-ted
to conaume nearly three months,
as' mors thanaCOO witnesses may- be ex
unrined. Congress recently authorised
the expenditure neresssry to conduct the
I l owoutlon and directed that ths entire
cost, approximating $50,000. be borne
ly the government and " no - portion
charged against the District or coium
Ma, In whose oourts the trial is to. tags
I 'Sni'lto la
Many people persist in riding on ths streetcars. Insufficiently protected
by clothing.
- They -start eat perhsps In ths heat of ths day and do not feel the need
of wraps. .: - .
Ths rapid moving of the car cools ths body anduly. When they board
the car perhaps they Sre slightly perspiring. When the body Is in this con
dition It is easily ohllled. This Is especially, tni when a person Is sitting.
f -Bag Inning a streetcar ride In the mldde of tbs da and ending It In the
Venlng almost Invariably requires extra wraps, but people do not observe
.Iheas precautions, .bancs they catoh oold. .. ..
Colds arc rsry frequent In ths spring on this aooount, and as ths sum
mery advances, tbsy do not .decreaae. During ' ths spring months, no on
should think of riding on the, car without being provided with- a wrap,. .
' A. old caught In ths spring Is liable to last through ths entire summer.
Great caution should ba -observed at this season against exposure to cold.
During th first, few pleasant days of spring, ths liability of catching cold
V Is frsat x ,-4- S ......
ro wnnaer so mnr people acquire niuscuiar rnianuinni ana amuuriuu,
diseases during, this season.
. However, in splta of the greatest precautions, colds will be caught
At ths appearance of the first symptom, Psruna should bs taken ac
cording to directions on ths botUs, and continued until svsry symptom dis
appears , . '
i :Do not put It off. Po not waste time by taxing other remedies. Begin
at ones to take Peruna and contlnus taking it until you are posltlvs that ths
cold has entirely disappeared. This, may savs you a long ana perhaps serious
Illness later, on, .
T
f Bad Effects From Cold.
Mr. M. 1. Deutsch. Secretary Building
Material Trades Council. Ill Washing,
ton St., Chlcsgo, 111., writes:
i! have found your msdlclns to ds
unusually 'sfflcaclous In getting rid of
bad offsets from sold, and mors espe
cially In driving away all symptoms of
catarrh, with . which I am f rsqusntly
troubled. ;
'The relief re mas rives in catarrhal
troubles alone la .well worth the price
per bottle. I hsvs used ths remedy for
several years now."
1
Spell of Coughing.
Mrs. C. E. Long wrltss from Atwood,
Colorado, as follows: .
When I wrote you ror aavice my
lltlls three-year-old girl had a oough
that had been troubling her for four
months. Shs took sold sasily, and
By our easy payment method
of selling clothing. It' is pur
specialty. You make a small
deposit when you take jhe;
Suit, "then only
would wheess and hsvs spells of cough
ing that would sometimes last for a
half hour.
"Now ws ran never thank you enough
for ths change you have made in our
llttre ones health. Before she hegsn
taking your Peruna shs suffered every
thing In ths way of cough, colds and
croup, but now shs has taken not quite
a bottle of Psruna, and Is wall and
strong as she has svsr bssn in her lifs."
. Pe-ru-na for Colds.
- Mr. James Morrison. (8 East Kth Bt.,
Patsrson, N. J., wrltss:
"I hsvs glvsn Peruna a fair trial, and
I find it to be Just what you claim It
to be. I cannot praise It too highly. I
hsvs used two bottles In my family for
colds, and sverythlng Imaginable. I
can safely say that your medicine la the
beat I have sver used."
REFERENDUM MEASURES
TO BE VOTED 0N--N0.
teen a prominent figure on the
nie ne went
r iare.. The esse or tne prosecution wiu
in handled by United Stotes Attorney
l:ek"r. Special Assistant United States
Attorney Pngh end probably Francis J.
llency of San, Francisco, special coun
sel for the United States in the prose
cution of lan 1 frauds. Ths defendants
have engsged eminent counsel Includ
ing Attorneys A. S. Worthlngton, R.
(Snirien Ponuldson and A. A. Birnsy
with three assistants.
The cases .agalnat Benson, Diamond,
Schneider end Hyde have been dragging
along for the past four years. John A.
Kenson is regarded ss. the principal in
the alleged conspiracy, r or many years
ne has t
Pacific coast Early In
from Ohio to San Francisco, where he
entabllshed himself a a surveyor, land
8ernt and real estate operator. From
1H7 to I8Tf -he held the office of
V'nited States' deputy surveyor. Then
.ie proceeded to organise the Benson
land ring, seeking to control contracts
for surveytnng government lands. For
the next six .years he and his crowd
f ontrolled allx contracts for surveying
government lands In California and the
neighboring states.
Reports-of Benson's operations finally
Ind to nn official Investigation, aa a
result of which 78 indictments were
returned against Benson and his asso
ciates. In 1889 and 1888 Benson himself
was indicted no less than 24 times.
Wealth and Influence were employed
to prevent the, trial of the cases. Mean
while, special agents of ths government
were sent to Ban Francisco to make a
horoueh investigation of state and fed
eral officials who had protected. Ben
son. : They found that the Southern
I'aclflo railroad as well as a number
f prominent officials were Interested
n the Benson contracts. Although the
special agents completed their evidence
ne cases were repeatedly postponed ijid
lever came to trial 4
From J887 to 189S the Benson cases
rpged through tho United States
mrts. In the latter year Benson and
s associates, having amassed a large
rtune In California, widened their
eld of operations to include Oregon,
rashingtpn and otfier states. Then
i me the Investigation started bv See
etary Hitchcock In 103, resulting In
targes involving Senator Mitchell, Rep-
Bentatlve, Binger Herman and others
f prominence. - As a result of the evl
enc brought to light in these trials
teiiHon was convicted at flan Franoiuro
i August, M07i1' or conspiracy to de
raud, tha government out of 12,000
cres of land and sentenced to 10 years'
nprisonment. He appealed the case
nd has since ben at llbertv under
50.000 bond. Now. with a fortune es
mated at 120,000,00 he and his asso
ates must again stand trial on charges
f alleged; wholesale swindling.
A -rumor was current that Joost II.
rbnelder would turn state's evidence,
his was emphatically denied.' Many
f the 800 witnesses to be heard in the
i ae were on hand.
aplos and Blotches
re not the only eigna. that a blood
ansing, , tonic ; medicine la heeded,
red, languid feelings, loss of appetite
id general' debility, are other signs,
id they may b worse eigna.
The berf blood-cleansing, tonic medi
.e ia Hood'i Bireaparilla, which acts
roctly and pniHar on the blood,
l:ng it of all foreign matters and
lljing op the -hole system. Thia
icinentla verified by the experience
t housandf radically cored. ; :
Over forty thousand testimonials re
vc-d in two years, by actual connt.
lecept no substitate for ' 4 A'
r?:ra Garpaparllla
(iet it today.
200 Poses tU 1
! a having llooa's.
Ths tenth, In tbs Ust of II proposed
Initiative measures jrroyldes for tbs
protection of salmon and sttfrgeoa. The
form in which ths measars will sppear
en ths official ballot is as follows:
Proposed by initiative petition: For
an act prohibiting; fishing for salmon or
sturgeon pn Sunday, from Jsnuary l to
October' 1,, also in the Columbia river
only from October 1 to' December 81
also In- the navlgabla channels of Co
lumbia river at night, also at any tlms
in Sandy rivsr and in Columbia river
west of west line of range 9 west, near
Astoria, and sast oi west line or range
18 east, near Celllo, and limiting selns
anywhere In the state to 150 fathoms
long and 4 l-i latnoms ieep, ana pro
viding penalties. 818 yes; 818 no.
The bill as prepared for submission
to ths people Is as follows:
A bill to propose by Initiative peti
tion a law to proieci saimon ana stur
geon In the waters of the Columbia
river and its tributaries, and in tho
Sandy river, within- the boundaries of
the state of Oregon, and in all waters
over which the state of Oregon has
jurisdiction, and prescribing a penalty
tor a violation or me taw.
Ba it enacted by the people of the
state or uregon:
Section 1. .That from and after Sep
teraber 10, 1908, it shall be unlawful
for any person or persona to cast, drift
or haul any net, seine or other device
to catch, nan for, or pursue salmon or
sturgeon in any of the channels used
for commercial navigation by licensed
vessels in the Columbia river, within
the boundaries of the state of Oregon,
or In any of such waters over which the
state of Oregon has Jurisdiction, be
tween one hour after sunset of any day,
and one hour before sunrise or lue ioi
lowing day.
8ec. t. That from and after Septem
ber 10, 1908, it shall be unlawful to
take, catch. Hah for. or mirsue salmon
or sturgeon In the waters of the Colum
bia river within the boundaries of tho
state of Oregon, or in any or saiu
waters over which the state of Oregon
has Jurisdiction, between the first day
of October and the thirty-first day of
December of each year.
Sec. 8. That from and after Septem
ber 10, 1908, it shall be unlawful to
take, catch, fish for, or pursue salmon
or sturgeon In any of the waters of the
Sandy river above its mouth, or In any
portion of the Columbia river within
the boundaries of the state of Oregon,
or in any portion of said Columbia
river over which the state of Oregon
has jurisdiction, except that portion of
such Columbia river lying between the
west boundary or the northerly pro
longation thereof of township eight 8)
north, range nine (J wejii, of the Wil
lamette meridian, and the west bound
ary or tho northerly prolongation there
of of township two (2 1 north, range
sixteen 16) east, of the Willamette
meridian.
Sec. 4. That from and after Septem
ber 10. 1908. it shall be unlawful In the
waters of tho Columbia river, within
the ooundarles of the state of Oregon,
or any other waters of the state of
Oregon, or in any other waters over
which the state of Oregon has jurisdic
tion, to use or employ, for the purpose
of taking, catching or pursuing baimon
or sturgeon, any seine, drift net or
other net or device of greater length
than nnft hundred and fifty (150)
fathoms or of greater depth than four
and one-sixth (4 1-6) fathoms.
Sec. 6. That from and after Septem
ber 10, 1908, it shall be unlawful to
take, catch, fish for, or pursue salmon
or sturgeon in the Columbia river with
In tha boundaries bf the state of Ore
eon. or In an v other waters in the state
of Oregon or over which the state of
Oregon has Jurisdiction, between the
hours of 6 o'clock p. m. of Saturday
Rnrl 8 o'clock d. m. of Sunday from
January 1 to October 1 next following
of each vear.
Sec. . Wherever the word "salmon"
is used in this law, the same shall be
deemed and, held to include Chinook.
Steelheads, Bluebacks, Sllversides and
all other anadromous species of sal
mon.
8ec. 7. Wherever the words "person
or "persons" are used in this act, they
shall bs deemed to include not only in
dividuals, but firms, companies and cor
porations of every kind, character and
qesenpuon. .
- Sec 8. That every person, firm, com
psny or corporation violating any pro
vision of this law- shall . be deemed
guilty of a mis4emeanor, and upon con
viction thereof shall be punished by a
fine of not 4ess than (SO nor more than
iSOO, or by imprisonment In the county
jail for not'less than te days, nor more
than 800 days, or by both such fins and
Imprisonment. .'v- ,
. K . 8. , All acts and parts of acts in I
0
fth
rtl-f
fSr
with
conflict herewith are hereby repea
The following Is the argument fo
bill: , ..
'In offering this bill to the seoi
the stats of Oregon, ths author,
many years officially connected
the fisheries department of this state,
has striven to embody the results of his
Investigations and the recommendations
of ths most eminent authorities In tho
country.
The object of the proposed law Is to
replete a dwindling industry by check
ing ths destruction of salmon, wrought
by the various appliances. This bill
win place limits on all classes of fish
ing gear without discriminating for or
against any. Commercial greed has
Drought the noble Chinook, worth mil
lions to our state, to deplorable pliant.
Bo many fish are causht that not
enough now escspe for purpose of prop
agation; the hatcheries, paid for at big
expense by taxpayers, are in some
ilacss closed and In others si most Idle.
Meanwhile ths industry wanss. At
iresent, there is practically no protec
lon under the law: the closed fiundav
has been abolished and the onen ninnn
lengthened again and again, until now
salmon are caught just as long as the
fishermen desire to take them. These
conditions are self-evident: authorities
are agreed; the decline would prove it
were mere any aispute. The situation
is best expressed bv that treat author.
Ity. Dr. Livingston Stone. flnltRd sin tr
department of fisheries, who says:
uiiD.uci uj n uiuiiivni wnai tne eai-,
mon has done for us,, and then think
now merpll0MAIV wa hava lrA,l kln,.
Our salmon has been to us a source of
national revenue, enjoyment, and nrlde.
and what return have we meted out to
iiiin. no hub ueen numea pitilessly
with hooks and spears, with all kinds of
nets and pounds, with wheels and iiina
and dynamite, and there is not a cubic
foot of water in the whole country
where he can rest in aafetv. Th mn.
ment he comes in from the ocean he
meets the gill nets and the pounds at
the mouth of the river, the aween alri
further up, the hook everywhere, and at
last on his breeding-grounds, which at
least ought to be sacred to him, he en
counters the Ditchforks of th whlia
man and the spears of the Indian."
Relief must now be prompt if we
would have a worthy inheritance to be
queath to our children.
The purposes of the bill are flv tn
number and five only.
First Prohibit fishlna- nn ti rv,!,,.,.
via. river oar in oraer to allow unor
structea entrance of salmon to the
river. (Section 3.)
Second Restrict size of all klnda of
gear u as 10 aiminisn tnelr destruc
tlveness. (Section 4.)
Third Keen navisntlnn rhnnn.i. i
the Columbia river open at night, so as
i
It will soon pay
for a suit and
you'll never feel it
to be a burden on
your pay envelope
t I. .... ,
You Arc Welcome to
We make it easy for you we make it
pleasant for you to buy your Clothing
on our easy payment plan.
(Go
THEY GROW
Oood Humor and dhoerfnlnssa
Might good.
Cheerfulness is lik aunitht t i.
pels the clouds from the mind as sun-
iigni cnusea away me snaaows of nl-ht.
The good humored man can Dick
i?e
and carry off a load ihat the man wit
it groucn wouiun i attempt to lift.
Anyining mat interfere with
health is apt to keep cheerfulness and
good humor in the background. A
nuBiuiiKiuii may iouna mat letting cof
fee alone made things bright for her.
She writes:
rour years ago I was practically
given up by my doctor and was not ex
pected to live long. My nervous sva-
tem was In a bad condition.
"But 1 was young and did not want
to die so I began to look about for the
cause of my chronic trouble. I used to
nave nervous speiis wnich would ex
haust me and after each spell It would
take me days before I could sit up in
a chair.
"I became convinced my trouble was
cnusea uy conee. i aeciuea to Stop it
snd bought some Postum.
The first cup, which I made accord
ing to' directions, had a soothing effect
on my neiaes and I liked the taste. For
a time i nearly uvea on Postum and
ate little food besides. I am today a
healthy woman.
"My family and relatives wonder If
i am tne same person i was rnur tmm
ago, when I could do no . work on ac
count of nervousness. Now I am doing
my own housework, take care of two
babies one 20, the other 2 months old.
I am so-busy that I hardlv ret time to
write a letter, yet I do it all' With th
cheerfulness -and good humor, that
cornea from snjoylng. good health.
"I tell mv:friends.lt la to Pnntum t
owe my life -today," - v I ; -Name
' crlven bv Postiim' Co.." RnttTa
Creek, Mich.' Read rrhrj f.oad to Well-
la' okra 'There' a Btunn "
& SONS
first Street Yamhill Street Second Street
, fifflfi'M. ..TX-'.i -'''
ii '- . ' II.1 II HH" Sbiimisbi-' mm
Credit :
mi
villa,"
to afford a four to six-hour respite,
everv 24 hours. In this immediate nar
row strin of a wide river. (Section 1.)
Fourth Lengthen closed aeasons on
the Columbia river so as to allow more
f sh to reach hatcheries, (section
Fifth Establish closed Sundays so as
to save one seventh of the salmon sup
ply for propagation. (Section b.)
Bar rishlng on ths Colombia Kivsr.
Common sense would-not prompt you
to tlrlvn rnttln throueh a closed gate.
Section 3 of this bill aims to opeh the
gate or at least to leave it somewhat
ajar. Bar fishing at the moutn or tne
Columbia is one of the greatest menaces
miLi noh a tn the nernetultv OI tne nsn
ing Industry, to say nothing of involv-
ln a nflrllBKH loan of life. By it fish
are kept in the open sea long after the
time appointed by nature for their en
trance to rresn water, a icw juuu
tlons should convince:
"Bar net fishing should bo prohibited
below a line inside and near tne moutn
nf the river. The prevention Of lll-net
fishing near and on the bar would re
sult in a saving or lire, eotne ?u to ou
fishermen are drowned there each year."
Charles F. Fowell, captain or en
fl-tnAAra 1AR7.
"A restriction should be placed upon
fishing too close to tne entrance rrom
the sea. The fish should be allowed to
s-fft well Inaida before attacking them."
Major Jones' report to war depart
ment, 1887. ; . .
"I think it Is essentlon for the wel
fare of this Industry, that no fishing be
allowed at or 'near the mouth -of the
river, and the salmon bs given all ths
opportunity possible of getting into the
river before it is lswful to take them.
Oregon fish commissioner, 1905.
" I am also or tne opinion tnai nening
should be prohibited below Sand Island
at all times." Senator Charles W Ful
ton, January, 1807.
. : ; - Btstrtet Ooa,;-. ''-.":
Shorten ' the - lengths of all fishing
gear.- Marshall McDonald, United (states
fish "' commissioner, 1894. says: '"It is
indeed a matter oft surprise that any
ralmon have beah- able to' elude' the
labryinth of nets which bar their course
an exaggeration to state that the entire
volume of this great river Is strained
through the mashes of the Innumerable
nets which ' oecupy and obstruct every
naaa.1CRWBV ta 1ha una wntno-.wAnnHM '
The Washington special committee.
is. says: "wets must be reanlated.
The Joint International . commlttM
Washington and British Columbia, agree
mat iou iamoms snouia oe tne ex
treme length.
The United States fish commissioner
in a letter to secretary Strauss, writ
ten January 10, 1907, ssys: "No one
laminar wun the situation can fail
to appreciate the menace to the per
petuity of tho industry that is furnished
by ths concentration of a tremendous
amount of fixed and floating apparatus
of capture in and near the mouth of
Our delicious Cod Liver
preparation without oil. ,
Better than old-fashioned
cod liver oil and emulsions
to restore health for i
Old people, delicate children,
weak run-down persons, and
after sickness, colds, coughs,
bronchitis and all throat and
lting troubles. . v, " ;
Try. it on our guarantee.
Woodard. Clarke & Co Portia.. i. Or.
the river. This apparatus comprises
about 400-pound nets or traps, over
80 long sweepseines, and more than
8,000 1 ciiinets. the last having an ag
gregate approximate length of over 670
mnes."
Digest these recommendations and
then go measure off 150 fathoms, 800
feet, four and one-half city blocks.
and 25 feet deep. Does, that seem lens
enougn . to allow T Perhaps when you
figure that after all sear is limited
as proposed and you realise that over
tv miles or it is still lert, you. wm
agree mat tne request is not unreason
able. i
Channel Pishing.
In a river varying in width from one
to 11 miles, the reservation of a chan
nel from 100 feet to 400 feet wide.
from one hour after sunset to ons hour
before sunrise,. Js asked. When there
Is suoh a wide expansion of river re
maining, is this narrow strip too much
to ask either for the Preservation of
the fish- - or for the still more para
mount safety to navigation? If you
don't care a rap for fish; would it not
oe wen .to relieve me lives ana prop
erty, constantly afloat, from the chances
or delay ana destruction orrerea by
the nightly invasion of nsvleatlon
courses by miles of fishing gear T Refer
to tne report oi uantain unaries foweiL
United States englnesrs; rsad what the
special senate committee, state of Wash
ington. 189. says, or look over the com
plaints of ship-masters whose ; "pilot
nouses bear the marks Of intimidating
bullets fired by fishermen occupy Ing
the channels, or ask the captains whosel
vessels nave arutea. neipiess. ior nours
with nets - In their wheels. Besr In
mind, however, that the purpose of this
bill is the protection of salmon between
four and six hours m every 14. Many
salmon will ' then ' ' escape' appliances,
which Is. operating - without cessation,
would catch them, t This will - inoreass
the -number - of salmon reaching the
listcherles and enable ' the plants now
Idls to resume propagation. The nro-
posed law will not1 restrict channel fish-
ng in oayUgnt; the restriction apnlieR
to the nlwtit perloil hecxtise navigation
interests will ta c-.! m rv . 1 . a t tli same
"1 triad sll klsdl of bloed
to do ma aor sood bo I ha
til..- H.T i1I'm1I
im. aim:
Mstsdlas which fsllaa
ava fonad tke risht thing
lontlaalns
,bam to mtf
sornlns n
usssanii;
tli.
ape te have a ssasos a raooststaud
tni 0. Wlttea. tlm St., Kewark. N . 1.
Th Bowel
!s55tv
1 1 -AS
mm ' 1 mmmw aai a
naaaant, P.lot.bl., PoMnt.TMUOnod, Oefood
raay Blekaa. Waakaa or flrlp.. Us. H. Mo. S.ff
old fa balk. Ths s.nnloa tabM itattaea 0 00.
,oaatd to ear or yoar atonoy baak.
. Sterling Ramady Co., Chlesjo or M.T. fa)
HKUAL SALE, TEN KilJJQX EOXES
ryi:. TEA
Four types for
tastes; you may
try them all. -
as
four
well
v Tour grocer returns your money If yott
don't Ilka Schilling's Best: wo par him
time ' Ths war ilenartmant nnw haa "
the matter under investigation., Reason
(Continue-! Cu Three.)