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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 20, 1912)
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VOL. X. NO. S00.
PORTLAND, OREGON, TUESDAY EVENING, FEBRUARY 20, 1912 -EIGHTEEN : PAGES.
PRICE TWO CENTS iZPcZZl
Popular Government Established
Means Dollars arid Cents to State
i nm nun
Highest Court Ends Controversy
K K K
"All We Ask Is Privilege of a
1 v From Upper Umatilla," Says
J. C. Hoskinsl
LENDS EAR TO SCHEME
Statement Made In Behalf of
Owners of 60,000 Acres
of Land. .
:: Message From the President. ,
'-. "White House, Washington, Feb. 19.
Hon. Ben welling, chairman Irrigation
Congress, PortlandI fulfy appreciate
the situation of Oregon in regard to the
distribution of reclamation funds,- end
I am disposed to encourage the activi
ties of the reclamation service In Ore
ton to the extent that proper projects
are shown and available funds permit.
Am informed that the interior depart
ment has under consideration, with a
prospect of favorable action, the under
taking of the west extension of the
VmatUla project. ; r
"WILLIAM 11. TAFT."
The above message was received this
Denying that the Coe, Furnish or
Sloan interests are behind the project,
J. C. Hosklns, rancher of EchOr thlp
.morning-swung .sentiment-ot -the- Or,
gun Irrigation congress In favor of af
fording relief for a tract of ao.QOO acres
of arid land in Umatilla ' county- bv
granting to the owners water rights to
wmcn -the government now holds con
trot- The congress did not officially
go on record in the matter but. the sen
timent "was expressed by the ovation
tendered the speaker aftex-Ula lmpas-
ioned plea, . - '..
Hosklns stated emphatically that the
owner of these 00,000 acres are not
opposed to the West extension of the
Umatilla government project, as seems
to be the prevailing opinion, -but that
-they-jUk-otily for, the privilege of using
the waters of the- Upper Umatilla river
for irrigating their Jands, after, which
u may be drained into the West exten
slon reservoirs or usage again on lands
01 a. lower level. .
- -'" Ditch Is Wanted, .... .
Hosklns classed himself among those
who had been ' scrapping" over the West
umatlila extension, and said he had ap
peared before the federal officials at
the various hearings, but explained that
in no way should the "impression pre
vail that-the "scrappers" are opposed to
the proposed extension.
'JAll we want" exclaimed Hosklns, "is
the privilege of building a dltoh; we
have figured out the cost and are ready
' to bondthe property for the funds re
quired. By securing such a ditch we
will ba able , to water these acres and
make them support 7500 people instead
of 135 as at present .':' . ,
"Last year was dry, and as a. result
the crops were light. This Immense
tract of land is held by 60 owners.
Twenty-seven families are living on
the land. We have two schools, one at
tended by five children, another by
nine, these 14 'children : representing;
.. three families. .. rw' ..w. u-.T
"With water on these lands every 40
acres will r&idlly support a family and
make them independent for the soil Is
of the best in Umatilla county and 'as
good as the best tb be found anywhere,
but it. must have water. It means life
and death with us, and I am here fight
ing for life. Unless we get relief, I
' -will be compelled4 to move out after
having proved up on my claim. And
there are others in the same condition."
' ; Cost of Ditch. '
" Hosklns explained that private engi
neers had been engaged to estimate the
(Continued on Page Four.)
Asks That Congress Pass Arts Fix-
liif? hj Positive Scale Rctuhl for
Accidental Injuries" Sustained by
KniIoyes; Insurance for All.' -
(United Frew leaned Wire.)
Washington, Feb. 20. la a special
message to congress today the president
urges the-'passage "of laws providing
for. the compensation of. railroad em
ployes for accidental Injuries, to be
fixed in accordance with the poltlve
srale recommended, by the employers'
liability and workmen's compensation
commission. The mesage declares thaf
tne theory, of: the -'commiasion is tht
each employe be insured against injury
auBtalned in work, without reference to
contributory negligence ando without
common law limitation on the liability
of the employer.. The message says
"The details of the measure are ad
mirably . worked . out .hey provide
medical and hospital .service for the in
jured man, notice of Injury to ennloyr
Where uch hotios Is not obviously given
by the accident itself, and the fixing
of compensation by asreement.- The
amount of recovery is regulated in pro
portion, to the amount of wages re
ceived, the compensation to be made -in
the form of annual payittent for a fixed'
number of years or for life. The fea
paid to attorneys are, to be specifically
remedied,- and the remedies offered are
exclusive of any Others."
President Taft declared that the
greatest evil the law would destroy 1
-v the multitude of suits under the com.
' mon law, which are i now cloptrlng the
courts', poatponlnff final adjustment
through the law's delay."
PRESIDENT IN MESSAG
OF BOTH HOUSES
Oregon : Legislators Seated at
' Washington,. Means ; Con
; stant ' Recognition of Ore
. gon's Government.
Eight of the people to enacf laws by
direct action, and to suspend legisla
tive acta by the referendum until", ap
proved or rejected . by the people, is
finally established by the, decision of
the Unitsd States supreme court yes
terday. v : . !';.:'-; ' ,f.r
Congress alone can determine as to
tha form of government existing In
state, and congress has continually rec
ognised the government of Oregon as
reDubllcan in form,
' In refusing to take 'Jurisdiction of
the case appealed by the pacific States
Telephone & Telegraph company, the
supreme courthas settled the question
Just as effectively as though It had
passed on the question on Its merits.
This victory for popular government
means -dollars , and caiu to - Oregon,
for it removes all lingering doubts as
to the security of bonds and other se
curlties Issued by authority of Oregon
laws. ." . '
; Ooaoloaloaa of Attorneys.
These are the mala conclusions as
to the effect of the momentous decision
rendered yesterday at Washington, as
drawn from interviews with Oregon
Jurists and attorneys who have been
directly y interested In the progress of
the case mrougn ine courts. ,
, While great piles of briefs were aub
mltted on both sides on the merits' of
the defense, the case was decided with
out going- into those questions., The
distinction drawn by Chief : Justice
White as to . the political question in
volved was i not overlooked by attor
neys for tha state, however, aa might
be Inferred from the language4 the
decision. : It was specifically pointed
out-in the briefs of attorneys and by
tha decision of the - Oregon fcuprema
court in the Broadway bridge case.
The" case 'Of Luther against Borden,
quoted by Chief ' Justices, White a o?
compelling force, was referredto in
the briefs, and was specifically, quoted
by Justice Will R. king in his opinion
upholding the validity of the Broadway
bridge enactment, r
Basts Witt Congress.
In Luther against Borden, as quoted
by Judge King, the United. States su
preme court said: ,
"It rests with congress to decide what
government-is the established one In a
state.- For as the United States guar
antee to each state a republican govern
ment congress must necessarily decide
what government Is established 'In the
State before 4t can determine whether -it
is republican or, not. And when the sen
ators and representatives of a -state
are admitted into the councils of the
union, the authority of the government
'" (Continued on Page Two.)
On the left of the photograph Is Major Beecher Bradley Bay, who, an-
der the pttitcrtiou of President" jaft twice escaped conrt-mnrtlal on
serious charges, and on left is Churles P. I aft, brother f fresident.
--- -.: ;' : . : ' h : :' " vr-
Decision of Supreme Court
Sets Aside All Chance for
- Attack on Initiative and
v Referendum in Courts.
Washington,. Feb. : 20. The initiativa
and .referendum provisions in Missouri,
California, Arkansas, Colorado, South
Dakota, Utah, Montana, Maine and Ari
tona hung in the balance, s well as
the law in Oregon, in the case which
Judge White decided yesterday. An
adverae decision would have affected
tha proposed legislation of that . char
acter In many other states, ..
Judge .White .went fully into the mer
its of the case, his opinion being of
considerable length and covering eve"ry
phase of the controversy. Additional
angles are gotten on the case today
by consideration of , tha opinion in all
its breadth.' ; ...
JudgV White's Opinion.
In j?peningh.la- opinixuv-Justlca -White
saia:... ,- ;
"While the controversy which the
record presents is of much importance,
it la not novel. It ts important since
it calls upon us' to decide whether it
is duty of the court or the province of
congress to determine when a state -has
ceased tp be republican in form and
to. enforce guaJrantea. otxQnBtltutlfin .on
that subject It is not novel as that
question has long since been determined
by this court conformably to the prac
tice of government from beginning, to
tha political in character and therefore
not 'cognisable by Judicial power , but
solely committed - byy constitution. to
Judgment of eon treat. ' r . '
"We do not content ourselves with
mere citation of cases but state more
at length than we otherwise would the
Issues and doctrine expounded in the
leading .and absolutely contrelling Ta
of Luther vs. Borden.
Question to Be Determined.
If the question of what was a right
ful government within- the Intendment
of section", article 4, - was judicial one,
the-dutylof ford-jwactlow from-inver
sion and to suppress domes tio violence
would be also Judicial since those duties
were inseparably related to determina
tion of whether there was rightful
"Fundamental doctrines thus to lucid
ly and cogently announced by the court
through Chief Justice Taney have never
been doubted' or questioned since -and
have affordec light guiding the orderly
development or, our constituional ays
tern from the day of . the deliverance
of that decision up to the present
The chief Justice called attention to
Chief Justice Fuller's decision in the
controvereey over the Kentucky , gov
ernment' ln: the case of Taylor versus
Beckman, this decision being based ori
tha Luther versus Borden ruling. Re
ferring . to the doctrine as . laid down
(Continued on Page Two.)
UNDER INVESTIGATION '
X Sl ,
.CALLED AS WITNESS IN HENDRICKS SENTENCE VICTORIOUS IN 2 HARD
HiwrpTiniTinil nr niu r- nmiro uimi nrnno
Members of Hons Committee on
Expenditures In W department
Admit " President's 'Brother Is to
Be Asked to Testify at Hearing.
(United Press Leased Wire.)
Washington, Feb. .20. Admission that
Charles P. Taft of Cincinnati, a brother
of President Taft, would be called "to
testify -Ja- the Investigation of Pay
master Beecher B. Bay, ori charges of
political activity, was made here to
day by membft-s of the huuse commit
tee, on expenditures In the war depart
ment .In a letter "bearing on the Ray
case Pr s(dent Taft is quoted as saying
that Ray did hla brother a political serve
Ice on one occasion and since then had
"presumed too muchon the value of the
service." "i '
The letter xwrltten nearly two yeais
ago by a heartbroken paymaster's clerk
to Paymaster General Charles .Whipple,
pleading that his home ba protected
against invasion by Major Beecher B.
Ray, President Taffs army favorite,
was produced in evidence before, the
house committee on expenditures Tn the
war department . wvv
In his letter the writer recites in pa
thetic detail that hla wife and himself
had nursed both Major and Mra-Ray
throug-h serloUs Illness, had given up
their home to them; that he (the wit
ness) even had endangered his official
position to protect the major from pol
itical enemies; that In'Teturn-for Bis
self-saerlf ice and loyalty Ray, by
threatsand ' falso representation, had
first frightened and then won, the con
fidence of his wife.
CAVE-IN IN TUNNEL
(Speelnl to The Joiirnal.J . ,
""Vancouver, Wash., leb. 20. Train No,
4 of the North Bank run into a cave-in
in "Tunnel No. 7, about six miles above
White Salmon, at 10 o'clock last night
and traffic will be delayed on the road
for -perhaps 24 hours. The engineer
saw the cave-In in time Jo check the
speed of the train and avert a serious
wreck. A hooo stealing a,, ride was
slightly injured. Water from a spring
Overhead caused the. cement to loosen
and several tons of cement, rock and
dirt caved in. -
COURT TO INVESTIGATE
HIGH COST OF LIVING
'tTnlted frtn tjfusM WU-i.l
Vnn, Vnplf tAk OA 1 4 .. ,
phy announced today that he will, in
quire Into the high cost of necessities.
District Attorney Ayiiitman probably will
prosecute criminally a number of specu
lators in butter, eggs, vegetables and
meats. The proceedings today were cen
tered in butter and eggs. It is believed
there will be ISO defendants in criminal
actions aa a reitult of the probe.
PHYSICIAN SAYS MORSE :
ON WAY TO RECOVERY
Atlanta, , Ga.,: Feb. 20,-Charles W.
Morse, the former banker, recently pnr-
aom-d1 for wrecking a Ngw-rK"TanO
after serving two years of a 15 year
sentence, - will - recover sufficiently to.
again reenter Wall street activities, ac
cording to Dr. A. . I Fowler, Morse's
personal, physician, who has today re
turned-hore from New York. -
Supreme Tribunal Rules -That
' Oregon Man Must Serve
Washington, Feb. 20. The supreme
court of the United States has af
firmed the conviction of Hamilton Hen
dricks, who was found guilty of sub
ornation of perjury ln connection
with Oregon land frauds. '
The case ef Hamilton H. .Hendricks
attracted attention . when it was iried
the first time in 108. It was stub
bornly fought by Hendricks clear to
the court of last resort even after a
final decision had been trlven by the
United States circuit court of appeals.
After losing in this court, Hendricks
appealed to the United States supreme
court on the ground that the Indict
ment had not charged a crime.. . This
was the only avenue of appeal left to
him, since the circuit court of appeals
Is . final as to facts. , He must now
serve IS months In the feceral prison
on McNeil's island near Seattle,
. Hendricks',, offense consists of sub
ornation of perjury in connection
with the acquisition of land through
homestead entries. He was represent
ed by Judge Benmtt of The Dalles, the
seat of his operations.
(United Prii Iaied Wire.)
Columbus, Feb. 20. Rodney Dlegle,
former sergeant at arms in the state
senate, must serve three years in the
penitentiary tor complicity in 'legisla
. This was made certain todav when
the state supreme culirt -affirmed his
conviction, thereby' holding valid the use
Of the dictagraph in securing evidence.
This." decision opens the way or trials
of other members of tfhe-slsleiufe,
against whom Detective William.
Burns is said to, have secured evldenpa
through the use of the dictagraph.
JILTED LOVER BEHEADS
GIRL ABOUT TO WED RIVAL
i - rUnfti-d Prwi Lee4 ' W1re,i :.v
Maarm, reb. zo. Terrible revenge
was taken , by a Jilted lover upon hla
former sweetheart as she was about to
marry his rival in a -Ullage near Bilbao
says a dispatch received today from that
city. ; Approaching the wedding pro
cession, 'he' attacked the young' woman
with a reaper's scythe and with one
blow-decapitated her. In the confusion
the assassin escaped, after weunding
several of the party. f
DOCTOR BREAKS WRIST
WHILE. CRANKING AUTO
(SpwlL to Til Journal.)
Walla Walla, Wash., Feb. 20
Called from his bed at an early
hour by an emergency -case. Dr.
F, C. Robinson, a local physicians
-brake" the heme of- Ills Myht e)
1 wrist while cranking his automo-
bile, and becliuKe of the urgency
of the calj, had t Valt until late 4
yesterday afternoon to have the .
Lone aeU 4
HELD PROPER BY COURT
DM 1 1 LLO ill I n hldlloi
General Robleey Leading Attack of
Government " Troops ; on the" En
trenched Zapatistas In and Around
Santa Maria, Boutins; Enemy.
.Mexico City, Feb. 20. According to
a report received-here today, 900 fed
eral attacked 2000 rebels near Cuerna
vaca, routing the revolutionists. The
federals have regained control of Crus
de Pledra, Santa Carta and Hulstlstlac.
The rebels were commanded by a broth
er of Emllio Zapata. It is unofficially
reported that 80 men were killed In the
engagement. " j.
The town of Aladama, Chlhauhau,
surrendered to the Vasqulstas, without
resistance. . Forty - conspirators were
Mexico Cltyr , Feb., 20.Reports here
today say that a big battle was fought
near Cuernavaca, According to dis
patches, General . Robles, in command
of the federal forces, led an attack on
Zapatistas entrenched in and around
SantaTHarla. . Ho used artillery freely
and drove the rebels from their posi
tions. No estimate of casualties' Is
given. A report received here says
that the rebels also were defeated in
a fierce fight near San Pedro, north
El Paso, Texas. Feb. 20. In spite of
his retrtirted loyalty to President Fran
clscQ. j,. Madero of Mexico, Vasqulstaa
at Casas Grande tqday Issued A mani
festo naming General Pascual Orosco,
commander in chief of the revolution
ists. No recent word has been received
here from Orozco, who at present is in
Chihuahua. ' .- '
Reports today from Juares say that
a dozen arrests have been made theie
of persons charged - with inciting mu
tiny. Another report says .that hun
dreds of rebels are now operating near
Juarez and an attack upon the city is
feared. . . : -.'l.-.'
EN SATISFACTION IN VATCHING
S OF MAN WHO
Far Away In Europe Former President of Mexico Studies Conditions in
- Home Country; Says That If Maderq Attempts Dictatorship He Will
Be Deserted by All; More Than Anything Else, He Says, He Wants
to See Quiet in -the Republic Which He Once Headed.
' (United Frets Leastd Wirt.)
Toulon. Feb, 30. Porfirlo Diaz, who
la watching the revolt in Mexico with
much interest,, find keen satisfaction
in his belief that Francisco I. Madero,
who succeeded him as president, add
whQ'.xave him from power and' "stole
his hlthWto uncontested popularity," is
how paying1 dearly for; his , thirst for
power.!' :..';;--;!' .- -';'1'' ... '
The aged expresldent and his beauti
ful wife -are living in seclusion at Cape
Dial. Long walks' in the sunshine and
tha bracing air from the Mediterranean
seem to have restored his health. When
he received- a Representative of the
United Press at hi home today, Iiaa
was in excellent spirits and did not at
tempt to conceal the satisfaction he
derived from President Madero's trouj
'tles " ' lientstciaTerev'errtBar'TT
greatest desire was that peace should
be speedily restored in Mexico. .
According to Dlas, the followers of
Madera believed' when they (wide hlni
president that hadendas-, would be par
, titioued among them and they would
Appellate . Court Rules That
Corporations May "Inno
, centiy" Employ Entrymen in
1 Attempts at LandGrabbing.
OPINION GOES AGAINST
GOVERNMENT IN ACTION
Only Proviso Is That Timber
Concerns Must Not "Know"
(fntttd Pre UiKd Vln.t
Ban Francisco, Feb. !0ir"The worst
blow conservation of publlo lands to
the actual settler has received In years."
This is the verdict of conservation--
lsts here today on a' decision handed
down by Judge W. B. Gilbert of th
United States cirouit court of appeals
in the case of the Barber Lumber com
pany, former Governor Frank Stuenen-;
berg of Idaho and others, for alleged
conspiracy to , defraud -the government
oi targe tracts oi.umoer iiuiua in iuanu.
Judge Gilbert's decision practically al
lows the use of "dummy entrymen by
land grabbing corporatiorts in unlimited ,
numbers, this use to be limited only
by the proviso that the corporation
must not "know" that their entries are "
fraudulent . '.
Gilbert Gives Decision. :
The decision handed down by Judge
Gilbert came as an affirmation of a
ruling of the United States circuit court
in connection with the filing of appli
cations of 210 entrymen on Boise basin, ...
Crooked river and 81,x-Four lands in
Idaho in 1801 and 19d3. , Investigating
the entries, the government instituted
proceedings against the Barber Lumber
company, James Tr Barber, Sumner - G.'
Moon, William Sweet Johh Kinkald,
Louis M. Prltchard, Patrick H. Downs,
Albert 13. Palmer and Horace 8. Rand,
in which it was charged they had con
spired to defraud the government by
eonsplrlng with former .Governor Steu
nenberg of Idaho, -John I. . Wells and
others to gain unlawfully large quanti
ties of public lands ..by the - use of
After a long lyaring the Knited
fifties ctrcult-ourt- decided ljj favor of
the Barber corporation and dismissed
the government's complaint on- the
ground that there was not sufficient
evidence to connect Its officers, Steun
enberg -and others named with, the al
leged conspiracy. ' ,
Bolt Bent to Court of Appeals.
The government then appealed from
the United States circuit court's de
cision to the United States circuit court
of appeals and It was in a final finding
for the Barber company, the appellee,
that Judge -.Gilbert's decision was
The decision frankly ".upholds the
right of corporations to use "dummy"
entrymen for the acquisition of publlo
timber lands, so ions they do not
"know," that .the entries . are a fraud on
the government'1 Judge Gilbert said:
"The decision of the present case Is
ruled by the -legal principles announced
in the Budd case and the Clark case.
Those decisions . are authority for ttm
proposition that a person or corpora
tion desiring to acquire title to a largo
body of timber lands of the United
., (Continued on Page Three.)
(T'nlted Prwis I.eeJ WlreA
Tien Teln. Feb. 20. The. town of
Macheng, some distance in the interior,
ia besieged by brigands. Strong armed
bodies re able te get in and eut, but
except when accompanied by escorts
running into the thousands, the. citi
zens dare not jventure outside the walls
and are compelled to be continually on
the alert to prevent the brigands from
In the various attempts that have
been made to stamp out the outlawry,
the authorities have, lately captured ana
beheaded nearly 1000 men, but It Is
estimated that fully 400O brigands re
main. . '
'soon enjoy an era of great prosperity.
When they found Madero would nut do
this, they became disgruntled and the
present revolution resulted. It Mmler't
attempted a dictatorship, t)las said,
both army and the people would forRiiku
him. . ; ..,-., .;
"However, sld Dlaa, ! "my peculiar
position probably ' prevents ' rn from
forming a correct opinion.:; ,My Jrnvt
wlnh is that peace will be promptly re
stored. :. I "have no desire to aJikw a
hand In . Mexico's affairs. ' My r.-aion
for quitting the presidency when I l- (
every facility for crushing- my !!!.- .
was my desdre for peace, and in y un.
wiUlhgriess to oppose tha '-national wiu,-
"I ant living contentedly her w ( i
my ife. i I do not know that I
ever returh to my nutlv lan'l, f r w '
rTVCTraIways""!iaV6 tU":4t. iti
ence and love I will be itr-;iUy
if Mexico' succeeds In slmklrig .f
evlla that bewst hr and In . ;
stored to the state of jh-' m
perltv which h'r p i ' 1
STOLE HIS POPULARITY