8 THE - OREGON DAILY JOURNAL, PORTLAND,. SATURDAY . EVENING, NOVEMBER .23, 1911. i v v EXAMINER ENGLE TOMCEPOUCY Letters of Former Bank Exam ... iner, to Tottering Vancouver Institution Barred as Evi- However. ' , (Staff. Correspondence.) Kalama,-' Wash., Nov. 25. The intro duction of bundles of note given to the , Commercial bank of Vancouver by firms new bankrupt, with ' additional expert v :'i testimony and the failure of an effort by the state to present before tne jury the warning given by a former atate "bank examiner, formed the featuree of th trial this morning of H. L. Philips. Anions: the notes Identified by Re- celver M. B. Kles and admitted without oblection ., b--the defense were those of Mnora J& Hardin, bankrupts, for $51, K00: Rector & Daly, .bankrupts, for " about the same sum; Centrar Manufac- : turing company,, bankrupts, for 113,000, and Swank ft Co.. bankrupts, for $20,000. " RahIiIrb these were the Aldrlch note given byUhe partner of Phillips, or by subsidiary Aldrlch corporations '" for . : about $98,000. ' It became evident from the erosa-ex-amlnation that the 'defense will claim the present bankruptcy firms owing the " bank or the Inability of the receiver - to realise on the bad loans falls to make legal proof of tha insecurity of the loans ' at the date charged in the Indictment, December 16, 1910t . The testimony led over comparatively smooth grounds1 this morning and the defendant sat' through It .with seeming ly little. Interest part of the time he read a newspaper, glancing? up to scan the wltneeses now and then. His for mer cabhier, a "Wfi Daniels, did not sit beside him this morning, but took a seat '.' outside the bar iVT.j iTV.TFr ,""' Hohundro How Bays HeU Come. A telegram has been i received J from State Bank Examiner J. I Mohundfo, saying , he will leave Philadelphia at once for Kalama in response to the de mand of Prosecuting Attorney Tempes that he come here as a witness. ' The defense won the opening battle ; this morning. In shutting out- the testl ' mony of former State Bank Examiner A- W. Engle, who was called .by the atate for the purpose of showing that he had warned the officers of the Com . merclal bank of Vancouver against their abnormal loans to firms of which Presi dent Phillips and Director A, L- Miller were members. . One of the letters shut out by an Objection of Phillips' attor ney, sustained by Judge McJCenney, was written by Engle on September 1907, and Included jthf.f ollowlng significant y warning: :.. .;':.'. .:-0 . t- Borrowers Trom Own Bank. , "An undesirable feature of one of the"se , loahs, the Phillips and Aldrlch loan of $07,000, Is' that the president of this bank H. C. Phillips, is Of the said firm, and ' therefore becomes a borrow er. Also In the, $87,500 loan to the Har vev Mill oompany, it Is noted that Judge Miller, one of the directors of the bank, la also connected with the said oompany. thus becoming" a borrower. ' f "The practice of the- officers of the bank becoming borrowers of its funds, although it might appeal ' to yon as a source of revenue. Is always a bad fea ture, and Is not practiced In well regu lated conservative , banks.". H . Jury Does Hot Get tetters. " Another letter by Engle to the bank on June' 8, 1908, nine months late,' re peated the warning as the previous ad vice of. the examiner had not been. heed Ail. At that time the Phillips and Aid rich loans stood at $56,000 at a time when the ban had borrowed; 289,000 and - overdrafts amounted to $22,170. These letters of the examiner will not go. before 'the jury."; ; '. ' v Judge McKenney accepted the view of the attorneys for the defense to the ef fect that these letter were only opinions of the examiner and threw no light on , the case. The contention of M. L. Pipes, attorney Xor the depositors, was that these letters brought notice of the bank's condition ., to the president of the bank ind tended , to prove his knowledge of bad loans. - John ; .W. Furgeson, now state Insur ance 'commissioner of Oregon, who, as an expert accountant, went over the books Of the. defunct bank with J. Y. Richardson, was called as soon as En gle was excused and was led over a great mass of figures to show the condition of -the bank at different periods. I TO OREGON IN '43, DIES (Salem Bnreaa of TTe journal.) ; Salem. Or.,. Nov. 25. William , Waldo, a pioneer of 1843, a California 1 gold miner of f ortynine, an Indian fighter, former Marlon county judge and for mer president of the Oregon senate, died yesterday afternoon at his home in this cfty at the age of 78. Judge Waldo never married, but has many relatives In Oregon. The Waldo hills in Marion county near Salem were named n honor of Judge Waldo's father. TWO HELD FOR MURDER COMMITTED YEARS AGO r " - f " Vrnltfd Pr Leiioed Wlre.t McCloud, Cal. Nov. 26. Charles Gray and Gladys Wallace are under arrest here today suposedly in connection with the murder of an unnamed old farmer at Pleaaanton, Alameda county. , The crime Is declared to have been commit ted two years . ago. The farmer was lain with an axe. The woman was eaptured in a tenderloin district Offi cers from Oakland are on the way here to take charge of the prisoners. ' -Austin 12. James Dies. . 8pelal to One Journal.) Forest Grovet Or., Nov 26. Austin J3. James, aged 80 years, died yesterday at his home in this city after a linger ing Illness. . The young man was born In Nebraska, and came to this city two years ago for his health. He Improved greatly, and. returned east, where he again became 111. He again came west but failed to find relief. He is Sur vived by his parents and two sisters, living" In ithis city, 'funeral services were held today at the home of his sla ter, Airs. Harvey Baldwin, with burial In ;.Forest.-,YIeW'xemetery.''U;:.- ? ,;" 8alt Lake Auditorium Bnrned. ' itlnllae Ptm 1mnt Wl. ' ' Salt Lake City. Utah, Nov, 38. Fire destroyed the Richard Street auditorium today. Tbeloa is estimated at 180, Oi0.. The buildings was used as a prise rightarena and skating rink. , rtaro rents $2 tuo. ITS Wash, st' WM. WALDO. WHO CAME HUNTER FALLS OUT OF BOAT; DROWNS Nels Bergman, Handicapped by Heavy Clothes, Is Lost in Deep River. (Special te The Journal, i Astoria, Or., Nov. 25. Word was re ceived in this city last night of tha death of Nels Bergman by drowning. He fell overboard from a small boat Inside the Deep river bar at 7 o'clock last night. Mr. Bergman, In company with several other men, left Astoria yesterday afternoon at 4 o'clock In motor boat for Deep river, where they intended hunting this morning, and when about onehalf of a mile Inside the Deep river bar, Mr. Bergman fell over board and was drowned before help could reach, him. His efforts to save himself wire hampered by heavy 'boots and clothing which he had donned for the expedition. This morning tha wa ters in the vicinity of the spot where the accident occurred are 'being dragged in an endeavor to locate the body. . Charter Debate Proposed. (Special to The Journal.) Astoria, Or., Nov. 25. It Is said that at the coming mass meetings which the advocates of a commission charter will hold the faction opposed to the adop tion of the new charter wlll .be Invited to address those gathered there In order that the public may have the oppor tunity of hearing both sides of the case. Public sentiment Is apparently about evenly divided on the question of the coming election and what it has in store for Astoria. Paget Island Child Drowns. (Smcktl trf'Ttie Journal.! Astoria, Or., Nov. 25. Word has been received here that Harold Norman, the two year old son of O. J. Vog of Puget Island, Oregon, was accidentally drown ed at his home on the Island Thursday. The boy was playing near the water and fell over a small embankment Congressman Hawley at Astoria, (Special to The Journal. I Astoria. Or.. Nov. 25. Representative Hawley-arrived In Astoria yesterday morning and left early today for other points of the newly added section of his district He was entertained by prominent republicans and was honored by a large gathering at the Irving club 4m . . a : U. .... I. the lower Columbia river section. SUNDAY SCHOOL WORKERS HAVE ROUSING MEETING - (Special to The Journal.) ; McMlnnvllle. -- Or., Nov. 2S. The twenty-ninth annual convention of :the Yamhill County . Sunday School asso ciation, which has been In session for two days, at the Christian church at Amity,-, Or., closed last night after a very successful, meeting. The total num ber ' of delegates registering was 1(0, the largest and most enthusiastic gath ering of Sunday school workers' ever held in the 'county. ' Yamhill 'county Is the oldest organised" county In Sunday school work In ; Oregon. - The associa tion was organized in 1884 by ReV. Jo seph Hoberg with three Sunday school. . Its i Sunday - schools now number GO, with a total enrollment of more than 2500, Reverend Hoberg was one of the principal speakers 'yesterday. Among the -other prominent , speakers on the program were Rev. '.' Charles Phippa. state secretary; President Levi T. Pen nington of Pacific college; - Rev. H. Wyse Jones, . Rev. E. V. Stivers, Rev. H, T. Atkinson and J. C. Hodson. The officers elected for the coming year are: President I 8. Hopfleld, MoMlnnville; vice-president Rev. H. A. Van Winkle, Sheridan; secretary and treasurer, C. A. Smith, Dundee; super intendent of adult department Q. F. Hauser, McMlnnvllle; superintendent of home department J. C. Hodson, New berg; superintendent teacher training. George C Ritchey, Newberg; superin tendent .elementary department Mrs. 8 tar key. Amity; superintendent temper ance, Edith Minchen, Dundee; superin tendent secondary division, Guy Drill, Wlllamlna; superintendent missions, Rev. Edward Qlttlns, Amity. - t L0UDAN IS SON-IN-LAW OF LUMBERMAN DEARY ' , (Special to The Journal.) Elk River, Idaho, Nov. 25. Postmas ter a. Louden, of Elk River, who is under arrest in Los Angeles on a fed eral embezzlement .charge, is a son-in-law of William Deary, general manager of. the big Potlatch Lumber company. He Is said to have deserted Mrs. Loudon In Portland, Or. Government agents have been scour ing the country for a month in a vain attempt to find Loudon, who not only disappeared with government cash, so the United States officers say, but left more than $600 in debts with the Spo kane Merchants' association members alone. - F. L. Smith, attorney for the Spo kane Merchants' association, made a trip to Elk River and reported the ac counts aggregated over $500 and that when he arrived at Elk River he found three attachments had already been levied on the stock of goods amount ing to $426. Labor claims amounting to $75 are also held against, the. stock that was left by Loudon when he dis appeared. ' Storms Given Post. (United Pret Leamd Wire.) Sacramento, Cal., Nov. 25. W. H. Storms pf 'San Francisco, associate ed itor of the Mining St Scientific Press and well known throughout the mining world,, was appointed today state mln eraloglst. by Governor Johnson to suc ceed L. E. Aubury, whose term expired on January 8. . Storms received the hearty endorsement Of a recent gather ing of the best known mining men and engineers' in the state, many of them men of national repute. Hillman StrpV Again. , (United Prete Leaaed Wr.' 4 OlyroplarWash. Nov.) 25.-M. D." Hill man, millionaire real estate1 man of Se attle and Tacoma, awaiting trial of his appeal from the sentence of two and a half years in the penitentiary for land frauds, got another setback, yesterday. The supreme court kfflrmed a Judgment against Hillman In a suit for the pos session of the steamboat Venus, which carried prospective buyers to Hillman properties. ,'.....: .- ,'..; . v . . . ' Poultry &how In January. ' " Ontario. Or., Nov. 15. The first an nual Snake river valley poultry show will be held in Ontario; January 15-21. At a meeting of the executive commit tee of the Poultry association final ar rangements were made for the exhibi tion and the premium list will be ore- pared and issued. ' O. O. Wherry, an experienced - poultryman, who resides near Payette, has been selected as Jude-a of the show. ' c Judge to Hear Beef Cases 'A .-1 M 4 - i r v J- 1 J) 3 Judge George A. Carpenter of the United States district court, sit ting in Chicago, who will preside nt the coming criminal prosecu tion of the heads of the Beef Trust, who. were indicted criminal ly for violation of the Sherman an tl -trust law, charged with the forming of a combination in re straint of trade. BOARD OF OPTOMETRY GRAFT (United Preas teaied Wire.) Sacramento, Cal., Nov. 26. Declaring that both the present and former stats board of examiners in optometry had failed to recognize the fact that they were publlo officers charged with the administration of a public trust in see ing that the state optometry laws were obeyed, and that they had carried on their work on the assumption that money collected and handled by them did not concern the public, the state board of control today submitted a sen sational report of their investigation of this department to Governor Johnson. Among the wholesale graft charges by the board of control , is that ' the optometry , board made a practice of holding three meetings a day and charg ing a: per diem against the state funds for each meeting because its members asserted that they could more nearly ap proximate the amount of the stipend they i felt, they deserved by this method. (United Preas IMd Wlrw.l Redding, Cal., Nov. 26. - Two deputy sheriffs were wounded, one seriously, -.. In a battle with ban dit between the Fall River mills and Plttavllle, Butte county, today.' The outlaws are hiding In the brush near the scene of the shooting, and the depu ties at Fall River have wired eherlf f Montgomery . here to come on with bloodhounds. Sheriff Montgomery and a large posse lert at once oy automobile on the 75 mile journey. EDITOR SENTENCED FOR LIFE FOR SHOOTING (United Preii Looted Wire.) Stockton, Cal., Nov. 25. Samuel B. Axtell, the Lodi editor who learned from the jury last night that he must spend the rest of his life in prison for shoot ing to death Charles Sollars, June 10 last, arose this morning before 7 o'clock, refreshed after a night's sleep. He ate a hearty breakfast and manifested the same demeanor which characterised him throughout the trial. Just what move Axtell's attorneys will make is not known. Axtell received the sentence without moving an eyelash, a blight pallor be ing the only noticeable change on his countenance. Mrs. Sollars, the widow. broke down when she heard the news. and moaned, "And they only gave him lire!" BEATTIE'S BODY TO BE ,. INTERRED TOMORROW (United Preoa boteee Wire,.) Richmond, Va., Nov. 25. It was learned here today that the body of Henry Clay Beattie Jr., who was elec trocuted yesterday in expiation for his crime in killing his young wife, will be burled tomorrow in Maury cemetery be side that of the woman he murdered. It in believed that Mrs. Seattle's fam ily did not protest against fthe burial but thai they are planning to exhume Mrs. Beattle's i corpse later, for Inter ment -elsewhere. . , ; IRON WORKERS' SUIT THROWN OUT OF COURT , . f (United Tree Lasted Wire Indianapolis, Ind., Nov. 25. Judge Remster today threw out of court the replevin suit brought by the Ironwork ers' union to obtain possession of the documents of their organisation In con nection -with the McNamara case. ' The court In upholding the state's demurrer, asserted that the union offiolals failed to state that they represented the Jron workers, union. . X : '';; Hood XAret House Burns. , 4 J . (Special to The Journal.) . ' Hood River, Or., Nov. 25. The home of Mrs. Ellen Koonts, valued at 12500, wks , totally destroyed by firs yester day. 'The firs had gained such head way on the arrival of the firemen that It could not be controlled and efforts were directed to saving the adjoining buildings which were kept from being damaged. The house au Its contents were Insured tor 11800, - 4 CHARGED WITH BANDITS IN AMBUSH WOUND TWO DEPUTIES GYPSUM DEPOSITS TO BE DEVELOPED Big Cement Corporation Gets Control of Valuable Prop, erty on Snake -River. (Special to; The Journal.) ' ' Huntington, Or.. Nov. SS.The lime kilns at Lima were closed Wednesday for the winter. With the announcement of the closing of the plant also comes the news of the sale and the formal transfer of the property ofthe Acme Gypsum Cement company to take place December 1. This has been officially announced and , that the deal for the transfer of ,the gypsum deposits owned by the Oregon Lima & Plaster com Dan v along the northwestern road on Snake river has been consummated and the company will take charge at the same time. Many reports ofv the supoosed sale of these properties Ito the cement company have been afloat However, me aeai ror in a purchase of these prop erties, as well aa those owned by J. P. Hannon, C A. , Northey and John L. Rand of Baker, on the Idaho side of the river, about four miles below Hunt. ingfon, are consummated. The holdings of the Western Lima A Plaster company consist of about 800 acres of land along the Snake and the plaster grinding plant located at Lime. as well as some mineral holdings. With the acquirement of these prop erties ny mis corporation the . largest manufacturer of hard piaster in the unuea (states, it is announced that a large mill will be erected at the site of the gypsum deposits on the North' western road that will cost $100,000, and mat construction of the plant will be commenced in the early spring.' With the construction of this mill it means thatlSO to 200 men will be employed. The mill will have a dally output of about 100 tons of hard wall plaster. From this plant the company expects to supply the trade of Oregon, Wash ington and British Columbia. The main of floes of the company are at Bt Louis and it has mills at Grand Rapids, Mich.; Ft Dodge, Iowa; Mario w 'and Cement Okla.; Acme, Texas; Acme, N. m. , Laramie, wya, and Balmdale and Los Angeles, Cat ' SEES LONG LOSTSON I. Overcome at Sight of Soldle? Boy He BeIleved Dead, Aged San Fran ciscan Misses Chance to Hall Apparition. - (United Presa Leased Wire.) San Francisco, Nov. 25. Paralysed with awe' at the sudden apparition of his son, whom he believed to have been slain In a buffalo wallow in the Phil ippines 12 years ago B. J. Nllsen, an aged cabinet ' maker allowed' the sup posed missing man to be swallowed up by a, busy crowd on Market street here, and today is making frantio appeals at the United States army headquarters to have his son found and restored to him. The old man was so dumbfounded that he was . unable to make either his voice or his limbs obey his will until after the hurrying business crowd had buffeted him aside and passed on, whirling the long- lost son from his sight ' ..The son Is Anton Bernard Nllson, late of- the California volunteers, com pany C and officially gazetted among the army's honored dead shortly after the close of the Spanish-American war. Nllson and a comrade, tired of the in activity of keeping peace la Manila, stole away from their regiment to-the front Shortly afterward the dead bod ies of two ' men of company C. were found in a buffalo wallow. Nllson . and his companion were the only two miss ing and they were . announced as dead. The bodies were mutilated beyond re cognition. The father fears that his son may be afraid to reveal his identity for fear of punishment for stealing away from his company in Manila. SEATTLE MAINS AGAIN CARRY CEDAR WATER (United Press Leased Wire.) " Seattle, Wash., Nov. 26. Seattle's water system was again placed In work ing order this morning after being dead since last Sunday. The big mains on Cedar river were repaired last' night over a temporary bridge and a large part of the city' today receives its first water since Sunday. The health de partment announces that it will be nec essary to boll the water for six weeks owing to the pollution of the mains by lake water. SIX MEN HAVE DONE GOVERNOR'S WORK IN TWO YEARS IN OREGON i (Rahm Buret a of The Journal.) Salem, Or., Nov. 25. Oregon 4 has had six governors since w George E. Chamberlain assumed office In 1909. He was followed by Frank W. Benson, who in turn was followed by Jay Bowerman. Ben Selling was governor for 24 ' hours at one time. When Oover- nor West crossed I the Oregon state line on his way to St Paul ,Ben W. Olcott' became acting governor, making the sixth man d Xo hold this position. .- . FOR BRIEF MOMENT ON CROWDED MARKETS JAVAN DECIDES TO , SPEND LESS MONEY , (United Preas Leased Wire.) Tokio, Nov. , 26. Complete, abandon ment of the proposed Tokio grand ex position and of all military and naval expansion .for one year was .decided upon, at a cabinet council, today. , The decision to "mark time" in the empire's expenditures followed a long" contro versy between an important army and navy faction and ths minister' of fi nance. That official contended that It was necessary to the rehabilitation of Japan's finances that no new undertak ings be financed at this time. He final ly prevailed In the dispute after a con flict which at one time threatened to eause the resignation of the ministry i'eV::A.;Xv 2000HP1ES: BEHIND UfEES Have No Right to Do Business in Oregon Until They Pay : State Its Tax; ; (Salem Bureau of Josrual.V "V Salem,. Or., Nov. 25.-4-A. press ollpplng bureau, a card index system and other modern facilities for securing and cata loguing Information, have been intro duced by the corporation department of the secretary o.f state's office, with the result that corporations ' are : showins more "regard for the law than at any time since the corporation act , was passed in? 1803 Another result is a great Increase ' in ' the amount 'of .fees collected,. particularly from foreign cor porattons. Which - have been ' the most frequent ' offenders , against , the act of 1903.' , ,' w. v.' ' .. .. "It's- too easy to incorporate in Ore gon," declared : Mr. Oloott ;,, "If new corporations were - requited . . to make some adequate showing ef assets before being permitted to file their ' papers, there would be less watered stock on the market, fewer people weutd"be vic timised, and the public would have mors confidence in Oregon corporations. H "This office has Just received from the state treasurer a list of about. 2000 delinquent domestic corporations. The law provides that while such delin quency continues the right of these cor porations to transact any' kind of busi ness' shall be in abeyance, and that all such corporations shall be liable to a fine of $190. Notice are now being sent out to all corporations ' that ara delin quent In the payment of license fees or the filing of reports, and after the lapse of a reasonable length of time proceedings will be started against all that continue to Ignore the law." E IS STRONG (United Press Leased Wire San Francisco. Nov. 25. Convinced that John Rogers will never confess to the murder and robbery of Benjamin Goodman, the diamond salesman slain in a Barbery Coast basement for 15,000 in gems, the authorities today are preoar ing to formally charge him with the crime on the great heap of circumstan tial evidence. Rogers is an enlirma. ' No man ver before in the custody of the 'police here underwent ' so many consecutive hours of sweating without suffering complete collapse. Yet attired In the same bloody clothing and holding the same hatchet with which the officers say the victim met his death, Rogers laughs, hurls de fiance at his tormentors and rambles off verse. Alienists may be called to aetermme nis sanity. FACTURING PLANT . " . (Special to The Journal.) Woodland, Wash.. Nov. 25. John Peterson, who has' been one of the most prominent'and largest log and mill op erators on the North Fork of the Lewis river, and who - has extensive timber holdings on the river, has decided to re move the sawmill known as the Marble Creek Lumber company's mill, to Wood land, and Instead of manufacturing ties and cants to be floated to Woodland for the planing mill, will float his tlm ber to Woodland and saw and manufac ture at Woodland, This will mean I great deaf to Woodland, as It will en able the people of the community to get an ciasees or lumber and mill work at short notice and besides Mr. Peterson's pay roll amounts, to about 11800 per montn. LEBANON'S FIRST 4 STORY BUILDING IS A HOSTELRY (Special to The Journal) Lebanon, Or., Nov. 26. J. C. Devine, proprietor of the Lebanon hotel, which was burned down last spring, and who has been working several months on a new concrete building on the same ground, has decided to make the new hotel building1 four stories Instead of three. With the additional story this will give 77 sleeping rooms besides the five store buildings and hotel office and dining rooms on the ground floor. All of the store buildings and a good many of his best roomr will be provided with private baths. Lebanon with this build ing will be prepared to meet the hotel demands for several years. Mr. Devine hopes to have it ready by Febraury L The building with all improvements will cost about 140,000. It will be the first four, story building in Lebanon. ALFALFA SEED BRINGS -$30,000 TO ONTARIO MEN (Speelal to The Journal.) Ontario, Or., Nov. 25. More .than $30,000 has been realised from the sale of alfalfa 'seed in the Immediate vicinity of Ontario this season, and more than 250,000 pounds of seed will be. shipped from here. Five cars have already bean shipped to eastern markets; two cars to Cleveland and two to Milwaukee. Seed grown In irrigated sections is said to be the best, and consequently western seed Drings a Higher price in the market and the crops are heavier than in the eastern and middle states. Seed grown in the Snake river valley is considered the best grown anywhere, and generally brings the highest price on, the market : ' Cashier Davis to Leave Mil too. (Special te The Jonrnal.) Milton, Or., Nov. 26. At a meeting of the board of directors of the'First National bank of Milton, this week Cashier. N. A. Davis ' .resigned, v Mr. Davis has served the bank as cashier for the past 22 years. Mr. and Mrs. Davis, and family expect to . leave for Lynchburg, Va., in January, where he will take up scientific farming on the large plantation he owns there. George A. - Price of David City, Neb., has been elected successor. He has had a bank ing experience of 12 years. ' ( i'k Official Change at Bend. ' (Speelal te The Journal. i ' "Bend, Or., Nov. 26 By the adoption of a charter for the government of the city Tuesday, Bend ousted all the pres ent officials.- December 6 a new mayor, treasurer and six . -councllmen will be elected. It will be possible under . the charter, for the city to Issue bonds for sewers, water and light plants and; other municipal lmprovn. , AGAINST JOHN ROGERS WOODLAND WILL HAVE CARNEGIE GIVES . SHAKESPEARE CREDIT Andew Carnegie, who Is 74 1 " - rears ' - . (United Freai Leased Wire.) New York. Nov. 25. Andrew Carne gie la 74 years of age today. . Last night ho told John Pi. Rockefeller,. Jra Bible class of early incidents in his life and gave much of the credit for . his success ; to , reading Shakespeare.. ; . - m "i ' , ii 1 1 1 1 OIL COMPANY LOOMS Evidence that tha oil question is) sail the burning one of the day In Portland Is seen in the numerous complaints be Ing made by South Portlanders to mem bers of the city council that the Union Oil company Is apparently disregarding tne action or the city council in pass ing an ordinance rescinding permits granted to the company to erect storage warehouses and Install oil tanks on a two acre site In South Portland at the corner of Hooker and Meade streets. Residents of that locality say the com pany is hauling lumber to its site every day and that the work of preparing the ground for buildings is going on unin terruptedly. The city building Inspector and the fire chief have, been Instructed by an ordinance to notify the oil company not to erect any buildings or tanks in Sonth Portland, but the officials are power less to act until the expiration of to days after the ordinance was signed by the mayor. . Th measure was provided with an emergency clause, but lacked ths ranni. site 12 votes to make It effective as aa emergency measure. It is believed the Union Oil comnanv will continue construction work on its proposed new plant until stopped by the city and In order to make the company stop it will bs necessary for the city to apply for an injunction. The begin ning of a long drawn out legal battle is seen already. -. FOUNDER OF GLADSTONE WANTS TO BE MAYOR J . 'Special to The Jonrnal.) Gladstone. Or- Nov: 26. H. v. founder of Gladstone, has locked horns with O. E. Freytag, the present mayor " wwn, wno is a candidate for re election. The annual .election December 4 will be the occasion of a lively municipal battle. Candidates for alder men are: una year term, Frank A. Ham merle, James Wilkinson. - William i. Salle and Frank P. Nelson: two year term, C. E. Forshner, C. W. Parrish, Thomas E. Gault, Chambers Howell and C. A. Williams. Six aldermen are to be elected, three for the one year and three for the two year term. J. N. Blevers Is the onlv asnlrant tnr recorder and J. C. Paddock has no on no. sltion for treasurer. William Hammond ana j. raraee, the present recorder ana treasurer, respectively, have de clined to be candidates for reelection. Five of ths six aldermen will not be In the field for further service, or tha present administration Mayor Freytag and Alderman Howell are the only can- mantes ior anotner term.. Surveyors Busy la Winter. (Special te The Journal.) Baker, Or Nov. 26 H. T. Qilkev. V. W. Matson and W. H. Gleaaon, who are connected with the Whitman forest re serve, with headquarters at Sumnter. have gone to Haines for extensive work in connection with the reserve. Local lumbermen are contemplating the pur chase of a large tract of government timber and it Is for the purpose of run ning Of the lines Of the property In volved in the deal that the government men are going at a piece of work, sel dom attempted at this time of year. i Get Together Meeting Tuesday. (Special to The Jonrnal.) Lebanon, Or., Nov. 26. The commer cial club Is making arrangements to hold a big get-together meeting next Tuesday evening, at which time it hopes to raise several hundred dollars for the purpose of further advertising Lebanon and vicinity. C. C. Chapman, of Port land, D. C. Freeman of Eugene and others are expected to address the meet ing. A population of 8000 for Lebanon by 1215.1s the desire. r. , , . More Lots at Florence. ' (Special to Tha Journal) Florence, Or.,M Now 26. Ethan Collier, surveyor, has finished platting the Holly addition to Florence, comprising 80 acres about a mile northeast of town. The platting of this addition will come in- handy, for nearly all the available lots In town have been sold or are not on the market. ;:.' ."v-. ' i Helps for Worklngmen. . ": (United Press Leaaed Wire.) Tacoma, Wash., Nov. 26. Reading rooms, a roof garden, and aa arrange ment for cashing checks for workman so that (hey will not have to patronise the saloons,' are features proposed for the new municipal dock when it is built The suggestions made' by the new social service board, will be con sidered by the city commission, ' ; ; . " 1 1 ' "' 1 ' ' r JC":. Getting Ready at Tacoma. (United PMas Leaaed Wire.) ' Tacoma, Wash., Nov. 26 Big choruses are being drilled nightly and Joint meet Ings held by different churches in pre paration for the visit of Gipsy Smith hers beginning December 2. . i, j , r c : v-" 11 1 " 1 V . New Waterproof Garment. " . 4 Resembling a woman's rather nar row skirt : la a Wisconsin inventor's waterproof garment to protect a motor ist from rain and wind, snapping into place with steeJ nHti tv jtiat and ankles. LEGAL FIGHT AGAINST Citizens Send Representative to Capital to See Why Gov ernment Delays Decision on Vast Body of Clairns.i ?K " ' ' (Waahlngtoa Bureau f The Journal.) Washington, , D, C Nov.,.25. Declar- ing that the government has been asleeiM at f the switch forvtne past nine years in matters ; affecting the prooeedinca against the notorious Hyde-Benson land, rrauas or tne west, and representlrig several hundred cltlsens of that coun try, mostly residents ' of . Oregon and California : who are seeking to contest these forest lieu ' selections., "Horace Stevens, of Portland, has arrived here In hot pursuit of the eause of delay. Stevens oame In ' the interest of his clients for the purpose of submitting -the facta in the-various eases directly to the Interior department - Stevens was connected formerly with the land service of the United States, where he had much to do with the In vestigations into the looting of the pub llo domain 10 ' years ago. Numerous persons have retained him in the con. test proceedings before the land depart ment with a view to securing prefer ence rights for the purchase of the tracts affected, In event of their can cellations. Becoming dissatisfied with I the Inactivity of the general land offldKV. 1 the matter before Secretary Fisher so there could be no misunderstanding the situation. He presented a statement to Fisher that- following a conference on the subject th the fall of 18S2. he sus pected Irregularities concerning the ad ministration's work pertaining to forest lieu selections under the provisions of the sot of June 4, 1127, which led to an Investigation by Secretary Hitchcock, tha result being that the, gross frauds charaoter indicated, became ' apparent In response to ths" report of the spe olal agent the land department on No vember 21, 1209, issued an order making blanket suspension of all forest lieu selections made by F. A. Hyde. San Francisco, or In which Hyde or asso ciates were directly or Indirectly In terested, based upon the school lands in various forest reserves of Oregon and California. Men Are Indicted. At the January 104 term of the su preme court of the district of Colum bia, the federal grand Jury returned an Indictment against Frederick A Hyde. John A. Benson, Henry P. Dlmond, Jooat H. Schneider, all of San Fran cisco, charging conspiracy to defraud the government of publlo lands 'under section 6440, revised statutes. The oth er two defendants were lesser figures, but were enough involved to Justify their entanglement "' " Approximately 260,000 acres were In volved In these frauds, embracing up ward of 1200 Illegal forest lieu selec tions 'filed in California, Oregon, Wash ington; Wisconsin, Arisona and New Mexico. Through a long series of vexa tious legal delays, the trial of the quar tet of accused plunderers, did not oc cur until the spring of 1908, ending with the conviction of Hyde and Schneider and the acquittal of Benson and Dlmond. This partial failure of justice, accord ing to Stevens, is attributable to the fact that the government prosecuted the case without adequate preparation. He claims the land department now has stronger evidence to Justify the cancel lation of bogus - selections than it possessed during the progress of the criminal features Involved. On the contrary, he insists, ths evi dence upon which the government now relies is weakened seriously by the lapse of time, nine years having passed since frauds first attracted attention. Stevens declares he nontMtants han naw and Important evidence of sufficient strength to warrant the cancellation of all the Hyde-Benson selections, and thst none of this evidence has ever been Id the possession of the government net could be obtained without the aid of the contestants. Says Xad Off lee to Blame. 8 1 evens charges thst the general land office was responsible for this neglig ence ana that only one of two con structlons can be placed upon the at tltude either blindness to the real sit uation, or Inspired by a deliberate de sire to shield the frauds. His assump tion is that "Balllngerlsm" played an important part in. this game of alleged protection and that It's now up to Sec retary Fisher to right ths wrongs of his predecessor. Stevens declared to Fisher In emphatic terms that the con testants have now prepared and have already offered in their affidavits of contest to supply the land department witn tne necessary missing links to ac complish a complete cancellation .of fraudulent selections Wlthoutv exnense to the government. The movement now is in nrorrees be fore the Interior department will be watched with interest because the pre sent proceedings are in the nature of a test, involving the fate of titles to lands worth more than 125,000,000, em bracing some of the finest timber in the Peolfio northwest and elsewhere. Wonder often arises concerning the rea sons for the delay in changing the fraudulent Hyde-Benson forest lieu se lections. There are' all sorts of uslv rumors. The general land office Is gen erally held responsible. These ex posures are almost certain to follow a complete investigation. . It is alleged oy some tnai commissioner- Dennett, cannot much longer remain as head of tne general lana ornce and that Presl- I dent Taf t cannot afford to keep him H in that position after the smoke of bat tle has cleared. FRANCIS HENEY ATTACKS , POLICY OF SEC.; FISHljR - " (United Press Mesed Wire.) . Seattle, Wash., Nov. 26. In a speech 1 at the T. ' M. C. A. here last night Francis J. Heney soored Seoretary ,of the Interior Fisher, for his stand on national resources, i "And now J see that our Mr. Fisher, alleged progressive, has oome out for exploitation of the oountry, under the name of 'development.' I glean from the meagre dispatches that he favors regulation. Regulate these monsters after they grab the country,' ths land' and tne laoor power represented - in water power' and- ooalt , No we oan't regulate them then.; They will, regulate US. W;."1 (. ;m-'.;;;:' 1 ,4-. . r !' ' v...;,'V "Grab the country and call it develop ment? Where do we come lnt Why, we kre developed backwards just as fast as our common property goes into a few bands. ' Ws are going mad over this development business. , rv If ' ' Save ' Smoke Queen Quality tobacco, the labels. See 167 Ird. Piano rents II mo. ITS Wash. t