The Oregon daily journal. (Portland, Or.) 1902-1972, March 05, 1911, Page 59, Image 59

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THE OREGON SUNDAY- JOURNAL PORTLAND, SUNDAY MORNING, MARCH . 5, 1911. .
12
IGE11UI
uni i cnnM nrninc
Struggle to Wrest 3,000,000
i Acres of Oregon Uthd From
S. P. May Then Be Appealed
. History of Case.
" Will Judge Wolverton of the United
- fittte circuit court and district courts
decide the famous Southern Pacific
land grant suit upon his return from
San Francisco this month?
N Judge Wolrerton Is expected within
' s, .few -weeks from California, where ho
; has been sitting In the United States
circuit court of appeals since early last
month. - B. D. Townsend. special ' as
sistant to the attorney general and di-
' recti r In charge of the government's
case, expects to return to Portland from
. the wtt-4liJtotW;pari:tJtM
; month and it 1 possible a decision may
be rendered by Judge Wolverton at that
time. c ," . i.' ---.:""'.". -';
If It does come then, or whenever.lt
comes," and should the United States
win In " the first round of the fight,
Oregon win la J aU probability see the
greatest rush of settlers that has ever
come to any state through tho throwing
. open to settlement of publlo lands.
Notwithstanding that Judge Wolver
ton's decision one way or the other will
not determine the case and that In
evitably It will -be taken Into the court
of appeals and thence to the supreme
court of the United States. If the de
' clsloo is favorable to the government. It
will establish so strong a probability
. that the railroad will have to -relinquish
its claim to the lands and thatlha tut
chasers of thousands of acres from the
railroad w1Ualao have to relinaulah
their title that It will be almost Impos
sible to keep squatters from flocking
onto the grant.
.. ' Thlid of Talley Involved,
The territory Involved In the suit In
cludes nearly, one third of the entire
v Willamette valley something more
than 1,000,000 acres of the richest agri
cultural and . timber land In the state.
The value of this land has been varl-
- ously estimated at from $60,000400 to
1120,000.000 the generally - accepted
figure Is f 100.000,000. It includes all
that land granted to the Oregon A Cali
fornia railroad company by congress In
return for that company's undertaking
the work of building a line from San
Francisco to, Portland. , ;
. The government provided In its grant
1 that the railroad should sell the land In
tracts not , exceeding 1C0 acres to any
. one purchaser and at a price, hot in ex
cess of $2.t0 en, acre. Tor years, the
company offered : the .land for sale at
that figure with no purchasers. After
the panto of the '80' s the demand for
land became stronger and a considerable
quantity of it as sold at prices In the
neighborhood of $10 an acre the rail
road Justifying the higher price by th
long watt it had . undergone before It
had been able to turn over any of the
grant for cash. - .
c All those , who during the time the
railroad was celling land at any figure
. purchased in amounts of 1000 acres or
. more are made defendants in a second
cult brought by the government to re
cover the land. Those who bought di
rectly from the company In tracts under
1000 acres are not Included in the ac
tion. J. ... " '
Xarrlman Created We preserve. .
When B. H-'Harrlman secured control
of the Oregon & California Railroad
company by lease to the Southern Pa
cific he ordered that the sale of lands
' In the grant be stopped and that It
i be made a 'tie preserve for the railroads
of the future."
It was this move that led to the' agi
tation to have the government bring
suit to recover the land. Had the rail
' road gone on selling It even at 110 an
, acre or more It Is unlikely it would ever
have been molested by the government,
It is said. But the withdrawal of all
land in the grant from sale led to siicn
a hue. and cry that the department of
justice decided to Investigate and sent
B. D. Townsend, a special assistant to
' the attorney "general, to Oregon to
learn what he could of the conditions
under which the railroad had sold land
from the grant and as to whether suit
could be brought to recover It
V. 8. Slowly Outlined Campaign.
'By September, 1907, Mr. Townsend
had evolved a scheme he thought would
result In the government's securing tho
land. In the early epiing of 190$ con
gress .passed a resolution authorising
the attorney general to bring the suit
The spring and summer of 1908 were
spent In preparing the government's
bill of complaint and that document,
.l numbering 850 printed pages, was filed
In the United States circuit court here,
September 4, 1908. In November, 1908,
the United States brought suit against
' about 45 individuals and companies,
purchasers of 1000 acres of land or over
, from the Oregon & California grant
Meanwhile several hundred squatters
Intervened In the suit, demanding that
the government turn the land to be m-
- cured from the railroad over to them.
. , A demurrer not only to the complaint
. of the government but to those of the
't Interveners was filed by the railroad
company early In 1909 it Is on this de-
-murrer to the complaint that Judge
l Wolverton' s decision Is to be made, the
demurrer having been in court some
thing over two years at the present
time. '
' ' -.The arguments on the demurrers were
heard 'the week of March 1. 1909, just
two years ago, were made before Judee
HILL 0UUI1 ULUIL
Wolverton and consumed about one
Week.! Mr. Townsend and Tracy C.
Becker : represented the United States
and W, D. Fenton the Southern Pacific
' company.
f Following the oral arguments the
; railroad was given 0 days In which to
file a written brief, and the govern
ment was given 60 days after that In
' which to file Jts brief. When the rail
road's time had almost expired its land
expert Singer, Who had gotten up the
details of Its case, was taken 111 and
the time1 for ' filing its brief was ex
tended to September 1, 1909.
; After the filing of the defendant's
niief, Mr. Townsend finished his about
November 1$. Involving as it did prop,
erty valued at about $100,000,000, Mr.
Townsend wss anxious to secure the
Judgment of Attorney General Wicker
sham on the; brief before filing it. so
as soon as it was completed he left for
Washington, Unfortunately at that time
'the Balllnger fight, was Just warming
up, Mr. Townsend e'jepected dally to get
audlrnce with Wlckersham; each time
his appointment was postponed. Presi
dent Taft.was' busy on his message,
Wtckeraham was engaged In various Im
portant matters and it was three months
"tFfrrre"Townse rid 'gol"a a" opportunity" to
- go over the brief with the attorney gen
- ml and secure his judgment on it
; They considered It together, some re
viion was mad' In It,: it was printed
Itt Washington and sent hers by mall,
' '77 -W "v '
arriving'' in tiatnv A- Jnne -.S. 1110.
It consists t 12? prtnttd! , 0,W
in- dook lonn. . . - -. ..ir.H.r t
A second -,- Opportna maws.
The railroad was allowed SO days , by
Judge Wolverton In which to file ; re
ply,- but. Singer was taken- in a"""'
extra time was asked for-andrit was
stretched to i 60 days. The Interveners
were given "90 days In- which to rue
theirs, and it was not until September
15, 1910, that all the reply briefs -were
filed-with toe court toy, the -plaintiff a,
The railroad was then given . until No?
vember IS to file a reply to the briefs
of the interveners. . " 1
7 At7th is "tinier JudgelVoiverton took
his annual vacation. He returned about
the middle of October, but a Jury had
just been called and Judge Wolverton
wartept 1usyryrngjury case- con
tinuously until ' January 1. Judge
Wolverton had the two weeks from
January II to February S in- which to
study the case - and the briefs filed
with him. He was then sent to San
Francisco- to sit on the court or ap
peals. -The first two weeks of his time
there, however, the court considered
Oregon, cases, and Judge Wolverton did
not take part in the proceedings. This
probably allowed him two weeks more
in which to consider the briefs, or a
month in all In which to read the plead
lngs in this case. Whether this time
has been sufficient to allow htm to
reaoh an opinion on the demurrer or not
wilt he seen when be returns rrom xii
fornla this month. , . , ' t
ASTROLOGERS LEARN 1
WHAT LITTLE TWINKLING
TARS NEVER TOLD 'EM
4 (Cnltod Pteie leased Wire.), : '. e
. Seattle, March , . Obliging e
e '-. folks who promise to tear , the , '
veil from your future and give , e
you the wholt works on past, e
present and future for the -small )
sum of two bits and upwards, e
have got to quit 8eattle. The e
police today started a determined e
war on see re. fortune tellers, as-.
e trologera and v soothsayers of )
every nam and order, arresting
e several women, whom they will 4
prosecute In polio oourt . e
;jrv-;:;r--v''v--;:.;--;r:;;.r
' Whitman Waghlngton De'bate. "
' " Whitman College, Walla Walla; Wash'.,
March ' 4-r-Tha following question has
been decided upon for; the debate be
tween -the . women ;of, the '.Washington
State college and Whitman college: ."Re
solved, That for the; same work . done
men and women should receive the same
remuneration.? The Whitman. Debate
council has voted to leave the choice of
sides to Miss Buland of the English
department and the presidents of the
three girls' literary societies. ,
Is This Man Gifted
With Strange
Power?
Prominent People Say He' Reads
Their Lives as an Open Book.
Do You Want to ' Know About
Your Business, 1 M arriag e,
Changes, Occupation, Friends,
Enemies, or What, to Do to
Achieve Success?
TEST READINGS FREE TO
ALL JOURNAL READERS
WHO WRITE AT ONCE.
Attention of the mystically Inclined
seems to be centered at present upon the
work of Mr. Clay Burton .Vance, who,
although laying claim to no special gift
of supernatural powers, attempts to re
veal the lives of people through the
slender clue of birth-dates. The unde
niable accuracy of his delineations leads
one to surmise that heretofore palmists,
prophets, astrologers and seers of -divers
beliefs have failed to apply the true
principles of the eclence of divination.
It Is not to be denied that astrologers
have excited the interest of enlightened
people of all ages, but there have been
many earnest thinkers reluctant to ac
cept the theories of the ancient Chal
dean science. One can only judge the
potency of the science of Astrology by
a personal application of Its principles.
To have all the cardinal events-of your
tire spreaa out Deiore youi to read an
undeviatlng description of-our -.true
character, habits and Inclinations, is
proof positive that the mighty power
that shaped the universe and set the
hands on the dial of time to mark the
destiny of man has not left us without
the means through which we may know
ourselves, through which we may fath
om tne mysteries or lire. Asked -to
explain the metnoa py wnich he gives
his delineations. Mr. Vance replied: "I
have simply resurrected an ancient
science and moulded It into a key to
human nature." . .
The following letters are published
as evidence of Mr. Vance's ability. Mr.
Lafayette Reddltt writes: "My, reading
received. With the greatest amaiemenl
I read, as step by step you outlined mv
life since Infancy, f have been . some
what interested along these lines for
years, out naa no iaea mat sucn-price
less advice could be given. I must ad
mit that you are Indeed a verv remark,
able man, and am glad you use your
great gift to benefit your clients." . ; .
Mr. Fred Dalton writes: "I did not
expect -euch a eolendld outllna of mv
.life. The scientific value of your read-
:ng cannot pe runy r.pttteuiated until
one has his own reading,- To consult
you means success ana nappiness."
Arrangements nave oeen made to give
free test readings to all readers of The
Journal but It is especially requested
that those who wish to avail themselves
of this generous offer make application
at once. If you wish a delineation of
your, own life. If you wUih a. truu des
cription oi your cnaractenstics, uients
and opportunities, simply send your full
name, the date, month1 and year of your
Dinn. ana aiso state wnetner Mr., Mrs.
or. Miss, r Send voiir letter to Mr! riv
Burtoa-Vanoe,. sulte.l,-Ner-14- Ru-d
nicceueu, fans, trance. , it you wish
you aiay Inclose 10 cents (stamps of
your own country) to pay postage, cler
ical work, etc. Fleas note - hat 6 cents
postage is required on letters posted
to France. Io not inclose coins or sil
'( . Yi
If A' u -
1 "
ver la your letter. I--
mm
You may be besieged with "Furniture Sales," but when you seek QUALITY IN FURNITURE you instinctively turn to Gadsbys. This
house is famous for the GRADE of furniture sold here.. And in spite of the fact that quality is always the first consideration; everyvj:
shopper who compares value for value finds invariably that GADSttY SELLS FOR LESS, v , 1 ' : V - -
Solid Oalc
Dresser
This dresser is just like , the il
lustration., . Made of solid oak
and has a good sized tnirrorV of
beveled fffehch plate 'glass!', It
is in wax golden finish, one of
the most popular finishes of
the present time, and the de
sign is one that' appeals to the
tasteful buyer. Atfiin f a
I great special at... 0laClU
v l
.$120
Buy a Go-GartTake Baby for
-, : o.l'' T " - a ft n. a n. . si
f Tis doubtful if you'll find so
our first immense shipment
a chariot tor the ruler or your
Hoosier Kitchen Cabinets
buying furniture, the cost is
The Hoosiej aes thousands of women MILES OF STEPS EVERY. YEAR, (fe j iiii AgglI T 1
Why isn't your home supplied with one? Drop in and examine themV We are J I 1 II ' SI W Gtit
sole Portland agents. Ask about our plan of selling Hoosiers on easy payments. 7- , t -
Special Credit; Arrangements May Be
Made on Any Piece of lrniture on
This Page. ;
This
Mission
Special Only $2.50
Wouldn't you like to have one in your den,
living-room or bedroom? i Don't you think
it is the most "substantial-looking and hand
somest piece of furniture you ever saw for
this nrice? Weathered. finish, saddle' seat
..siso'IN iALL-PORTLAND
Among Things
ftfr Less"
- Let every , part of your home benefit by the
Gadsby policy of "selling for less." Here are a
few of the lines. There are more:
itcBcr t: ....... . . ... ... . . . . 4 .ou ana up
Chiffoniers ' at . . . . . . 1 $7.50 and up
Couches priced at. . . .$6.50 and up
Iron feeds at.1 .... .$1.05 and up
Brass Beds at: :...i... $11.50 and up
Springs at ;V..:.,.:,. .:wv.$1.7S and up
Boy ifor iess
Complete Oetfits
G6stMudi1!i-at:
Qur customers frequently express surprise at the
outfit costs at this
other stores. . Regardless of the special off erings
turfd by other stores; bur price
Have our man at your house and taie off your hands the furniture you've grown
tiret of, and allow you a fair, price on it in exchange for new pieces that will please
you better. The exchange department is, a regular part of our business now. A
competent man will call at your house and give.you estimates. Phone us. 1 ; '
wwuuuui hiva
)
Sunny Days Are Here
complete an assortment of Go
of Carts and Baby Carriages
home.
the least consideration. It's
We MSeU
Rocker
Lar
DepsadaMe GoodsOMy
ft'
store,' when they have compared prices with many "
tin : j : la rcivjMLn . 1 1 .n 1 11 : tr.t
v w wmwu uuuji uiJuuuixiriruiAitr-vTrv
No Matter What You Want In
So Are Our Go-Carts
- Carts and Perambulators in
has arrived. ' They're on display
Nearly half of all the Kitchen Cabinets in use In
the United States are Hoosiers. There wouldn't
be so many if they were not. the best made. In
the VALUE, the durability and
Hm mi ! fill m IfeiQ
Five large display racks, each one hold
ing 125 Room-Size Rugs, make it easy and :
pleasant to choose your rugs here. Over
700 rugs can be seen in a few moments. ,
. ' We make a specialty of Extra Size Rugs
and we don't have to send away for them
WE HAVE THEM HERETO SHOW YOU.
In most stores, when you want an extra size
Whittall Rug, you have to wait for weeks to 1
receive it. ; Here you choose the rug and we
iSend If Wt',t Jibuo
BAGDADS, ANGLO - PERSIANS, :
ANGLO-INDIANS; ROYAL WORCES-.
-rERS,etc.', in all sizes up to 11-3 by15 feetT
PRICED AT $12.50 AND UP
1
adsbs
.15. ' viil-! V- -
low price a complete d . !
ft - -S. -1
on tingle articles fea
1 1 u a i th
Furniture
v '::,',y'--' ';'
an Airiiig
; r..i k
anv other Portland store, and
on the First Floor. - Choose
the convenience that count
GO-CARTS Just like . cut, with rubber
tired wheels, hood, etc.- On spe; v rjj
cial sale at only, ............... yU I D
Others an low as. , ........,.....3.00
Cook Stoves $11.85
y;v;iViiV'v .11., ,. , . , . ,,... .,i ...x,
of fuel. Two sizes. ; No. 8 as shown A If"; Q
.' here ,,',.....,, f.$ -J : ' e3 JL'X Ot
I No.. 7 sue,, just
stove, priced at
Other things We :"SeII
' Glance lover this 'list arid you'll 'see why com
; plete outfits cost less" here. Compare values and '
V we always win.:. V ( .'
' , Rocking Chairs at; .J. i'... 1. 1 : .':.$1.50 and up
' Kitchen 'Chairs at . ' .i !, :V.'. ... it .50 and up
Wm's "y'rr ;;; '-y x
."Cook' Stoves at.. ..;:......... .$7.50 and up
-Sideboards at'".' Ml Llli. L'gi5.00Land..ur
Extension Tables at.; :J.;'tVt $5.50 and up
Dining Tables at. '. ... t , .$2.75 and up
v i,
7.1.
Like Cut
$7.50
M
' - V T '".It ... ,
Many;a , woman "wants more
drawer;;:room''for,ineDS:.un;
derweaf..etclf. ;iH'd' here's "a
piece j of (f ufniture jthat ;sup
plies draweront irf plenty;
Itis made'of -hest- quality fir
-(no; ?i Vsotbak though 'it
lQomvue ant;comcs in
the .. handsome,oaestgit'v pic
tufedj ave. ; Golden finish'.4.
One bf;thermo
valuesjrou'Jl find in many a
day. !Our specialj.nr f A
phce is only..,.. p 9D
-4-- - - !-
bb 1 -j just the stove for
Yr a's'mAlV-Jiome
r 5. where-, a.- range is
-' .too; expensive or
. large to consider
.'at :the" present
W. 'time.., Does '.per-'
k: feet' baking - and
.XI V. 1u& ' a , good fc'sixed
. i, oven, ana a- tun
,siied firebox, ' An
economical' user
as good.but a smaller tA : QC'
u.". ,vv.V,,'.t.r ArlgOD
::t"
.it I
Chiffonier
. i ,- .V r. , . l .'
.. '.W t.i.X'.i.' . i, .(.,'1, - i. '--x
for; Less" ;