Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 20, 1912)
COAST II 5 A, Fni . .... f- HUl ......... FtKJXine , frin rrancUco . Portland Koebnrf , liATShllrii . .... WEATHZR Tain tonight and Wednes day; east to -southerly winda.- . : I ! 3d VOL. X. NO. S00. PORTLAND, OREGON, TUESDAY EVENING, FEBRUARY 20, 1912 -EIGHTEEN : PAGES. PRICE TWO CENTS iZPcZZl MBIT UPHELD HIM KG;.; Popular Government Established CONSTITUTIONAL! IILIlOli Means Dollars arid Cents to State i nm nun UUUU Highest Court Ends Controversy K K K "All We Ask Is Privilege of a -.Ditch ThatWilLDraw-Water 1 v From Upper Umatilla," Says J. C. Hoskinsl IRRIGATION CONGRESS 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 afternoon. - 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 ADVOCATES RAILROAD COMPENSATION QUESTION SETTLED BY ACQUIESCENCE 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.) ARMY PAYMASTER Hi,,.-''.. 7 j 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- CONGRESS ALONE II 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 government.. "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 time.' 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 , mm OREGON SYSTEM POT .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 - s .P.8S.T (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. - STOPS S RAI Supreme Tribunal Rules -That ' Oregon Man Must Serve Prison Term, 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 tive briberies.;' . 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 FOrt EMERGENCY-CALL (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 DICTAGRAPHilENCE 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 captured. 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 of Torrcbn. 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.-.' mm k EN SATISFACTION IN VATCHING L 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" Entries Fraudulent. (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 dummy entrymen. 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 handed down. 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 breaking in.' 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. . ' 11 11 '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 to enjoy," 1000CHINESEBRIGANDS BEHEADED STOLE HIS POPULARITY . V