THE GBEGON SUNDAY JOURNAL,. PORTLAND, - SUNDAY MORNING, OCTOBER 25, 19X1
9
if J
VERBATIM REPORT OF JOINT DEBATE BETWEEN WEST AND BOOTH
I . -. : r- : : -J
booth telus how timber
LAND HOLDINGS ACQUIRED
(Continued From Preceding Page.)
discredited In all. If I prove two ol
them false, then the evidence against
him multiplies, and so on thruga the
case.
Tell' of His Beginning.
"Where did we commence with this
little iKftch of tlmtoer?
'The record is here, and I want to
say that the proof of every sentence
that 1 shall utter is here in docu
ments that I i ill not have time to
i Iii it , thiu tViIno hmuAira
HIIUW bin 'ti, nu w vi .
SThat little patch of timber was pur.
chased by people other than ourselves.
We got 1- by the usHignment of con
tacts. We liave . worked it ten years
and ther is seven years yet there to
cut. That was the beginning of our
operations. It is the sworn testimony
of myself in the Three-ten rate case
before the Interstate Commerce Cora
rqtssion and in the records given here
1 this city in the Innocent Purchas
ers' bill, and if Mr. West did not
know it. it is his own fault; it is a
public record and I believe ha did
know It.
"Hut he charges, secondly, that the
fortunes of the Booth-Kelly Lumber
company were founded on the pur
chase of a tract of timber of about
17,000 acres."
(The speaker her produced a- map,
to which he referred).
Tails How X.aia Were Bought.
Mr. Uooth: "Tho yellow here repre
sents that timber. The green was
Umber that we did not own. This is
the railroad to which he refers, that
he says was built under connivance
With the railroad officials. This is
tr.iia-.r, rlndicatine) and here is where
our mill is situated. Here are the oth
er mills. He says we owned all the
timber,' that others could not operate
xnd there has been nothing else doing
ther in that country.
T.ltpn mfin. This is all timber
belt, except the little valley where
the railroad runs. Did we connive
with the Oregon officials, who were
afterwards discharged?
"Here is the fact. The lands were
b'ought of the vice-president of the
Oregon & California failroad, and also
"of the Southern Pacific company. In
conjunction with C. P. Huntington, Its
president. The contracts are here, if
you want to read them.s We bought
It, ha says, never paying a dollar of
the principal, and pnly the interest
after the timbe was cut. Out of
that, and from that we have taid to
the laboring men of Oregon $10,000,
000, operated for 10 years, and there
Is 10 years yet to cut.
- "We never had any interest in that
road, except we gave the right of way
for it and the ties. We never had a
secret ' rate, and, as a railroad com
missioner, he knew that, or could
have known it. We never iiad the
contract delivered to us until simul
taneously with it we had to agree to
opurate and to ship carlonds of
timber over that road the firct year.
- Declares Statement raise.
"Does anyqpdy else there operate?
Let's see. He says not. But there
re nine mills on that road other than
ours. In every sentence tnat no ut
tered, whether as to connivance with
Oregon officials, whether as to con
struction of the road, or secret rates, j
or the payment of that, he falsified,
and could have known it if he desired;
and had he been a man, he would have
known it.
"And, furthermore, since the facts
are) as 1 state, I offer to pay his way,
or any man who desires to go in this
audience, to Bee whether this limber
is all cut, and what the facts are.
Every dollar of it was paid within a
little nvnr f i iu vonra hv t Vi miirtf-lp.
Ing of the premises, and every state
ment ii.at he uttered in reference to
it in absolutely false. (Appld.i-.se.)
"He says that I was tn coni ivance
perhaps that is not the direct state
ment; I leave it to you to jud,re that
I was In connivance politically with
the men. Senator Mitchell, Senator
Fulton and others, .hat enabled us to
buy these lands; and that J was in
the legislature at the time.
X.ands Owned Previously.
"These lands were purchased some
years nearly two years after we
had commenced operations, and then
they were purchased two years before
I was in the legislature, two years
before Senator Mitchelr was elected,
and four years before Senator Fulton
was elected. Did he state a truth? I
leav It to you. And if he did not
state it tn 'these cases, is it credible
to believe that he stated it in any?
"He says something about school
lands. There were no school lands
vacant when we purchased this. We
got the school sections In that terri
tory on that map from Governor Bliss
of Michigan.
"He says that we were active in
cripping. Let me tell you this1
That the lands that I have shown you
were near the railroad; they were the
frontage, and the even sections there
had been taken. Why don't he tell you
what he might have known, that more
than four fifths of all the la-ids that
either company that I represented or
was ever associated with ever had
the title to four fifths of them had
passed from the government when
was a boy 6 or 8 years old. He could
have as well said that I was In league
with the Almighty to make Adam that
he might have gone down to this gen
eration that I might get these lands
(Applause" and cheers.)
Titles Wars Adjudicated.
"He said that I had my brother ap
pointed to -the land office, that these
V1MTa otiIa-V.. V. .1 ml.
viiuib iniKub itvt uinc x nejr werQ ac
quired before my brother was in the
land office: and if he is a man unfit
for this position, why did Governor
West appoint him, at his own solici
tation, as a member of the State Ag
ricultural society?
"He said furthermore about these
lands that we had gotten in connlv
nc wun me government, that the
. officials pr with politicians in the
Klamath jtndian reservation, that we
naa roDoeq tne children. Listen to me.
"e .cities to those lands, extending
from Eugene to Idaho, passed from the
government m 1XS4, under a Demo-
crauc president, by the rebiit of
Democrat. ex-Mayor Pond of San Fran
cisco, and the president of a large
banking concern, and the titles to those
tanas were aajuaicated by the sunr.m
court of the United States. Could there
have been any connivance?
"But listen to this: When we bought
them, 111,383 acres lyjng within the
Klamath Indian "reservation was In
litigation. Wa made
The company who owned them was to
crry tnis enrougn tne supreme court
whera It was their lodged. Thev' im
The company won, and then it was that
th United States government had
lands allotted to Indians; 21,000 acres
pi intra urn oeionged. not to the gov
vtuiuvm, uui io mis roaa company
wntuusa uui in last.
"Wast did I do then? I went to the
government to ask them what they
desired us to do, and they said by act
of congress I have it here before me
on this table and we ask you all to sea
it mat the secretary of the interior Kelly?
be authorized and Instructed to clas-' "The company paid purchase price
sify these lands and ascertain at What of land to government and all fee and
price in cash we would sell them or expenses upon final proof. In July,
upon what basis wa would exchange 1902, following the final proofs in
them for other lands. They were ex- May previous, each of the applicants
amined an classified, and here is what executed and delivered deeds for the
occurred. iand to the company or to R. A. Booth
"A representative of the government and each received-from the company
and a representative of our company jioo.
went over the land. We classified "The Edward Jourdtfn deed ' was
them into 16 different classes. We dated July 22, 1902, but was not re
went then to the representative men corded until September 6, 1907.
in Klamath county, asking thm to, "Remember that during that time
appraise them, and they were appraised there were land fraud investigations,
by eight different men, including mer-I Deeds Hot Recorded.
wains a.uu uaiikfcerg ana me &esor, (
and then we made this proposition to
the government: I will only read part
of it but I will leave it here for you
ajj ,
'The lands of this comoanv there-
in whereto its title is settled by the
aforesaid decision of the supreme
court, comprise about 11,000 acres of
odd numbered sections. To determine
a fair and proper price therefor as of
present time the company recently
C4
used the land to be examined, tract
tract,' and so on, and made a re. !
rt. which fnlinwK hr it .b... !
by
pori, wnicn rouows nere. it snows a
total acreage of 11,383; an average val- horUr before this suit was cora
uatlon bv the eieht Deoule of Klamath menced, Stephen and Alice La Raut
county of $8 11
nff, 1- ",-,. t- ,
Offered to Sell or Exchange.
But we said to the government I
" ""6' cou mi'o an oui ine i
mue is cupping oy rapidly
Instead ;
of asking them $8.11 we said we were
willing to take $7.50, or this and I
ask you to hear it: 'Or we will ex
change them for an equal area of
equal value, and if we cannot deter
mine this by our representatives we
will do it by any sort of a board se
lected In any manner that is fair.' They
sought to exchange lands' with us
rather than to -pay the cash, and that
we did. We offered to exchange these
lands for others within the reserva
tion, and for a lesser sum.
"These appraisements, men and wo
men, did not include the two story
white houses, many of them, that were
on those premises, and owned by the
Indians; they Included none of the Im
provements; we excluded them alto
gether, and then We said to the gov
ernment, 'We will take 87,000 acres."
And what occufred? When this agree
ment was made 1 went to the interior
department. Mr. Hitchcock was the
secretary and I was under indictment.
Is there anybody here that thinks he
gave me the best of the trade, or that
I could impose upon him? Listen to
what happened.
Commissioner Was Gratified.
"When the trade was agreed to, at
his suggestion the bill that authorized
this was to be written in his pres
ence, approved by him before it was
ever introduced. It was Introduced,
referred to the Interior department,
by them to Mr. Leupp, commissioner
of Indian affairs, by him recommend
ed, recommended by Mr. Hitchcock,
secretary of the interior, and passed,
and then it was after it was all done,
that I have frbm them, this letter.
This is from the commissioner of laud
affairs, Mr. Leupp:
'I am gratified, also, as I always
am wnen tne tracKs can be cleared
of accumulated obstacles to the prog
ress of another Indian tribe; and I
think that the way this matter was
settled will help the Klamaths to get
their minds into a better frame with
regard to their local " industries. I
am sure that it could not have been
so satisfactorily arranged if your com
pany had not shown a broad spirit
in dealing with the situation and meet
ing 'the department half way in the
measure for adjustment.' (Applause).
That Is how we sold the land. Is
there a word of truth in what he
said? Absolutely none. These were
matters of public record that any man
might have known and that I believe
he did know. But with the same spirit
that prompted him not to promote
justice but to thwart it, he made that
statement, when the public records
contradict him.
t "He said the remainder of it, five
hundred thousand acres, or four hund
red, or whatever it was, we sold to
widows, and so on, by a lottery
scheme.
Transferred to Minneapolis Man,
"Listen here. We sold that land
I have all of these documents here
and I can present them to you en
tirely we sold all of those lands to
Harry Hunter,, of Minneapolis, and
one man, or two, who were associated
with him. The contract was written
in this city by Arthur L, Veazie, our
attorney. Every payment that was
made was covered by a receipt in
his office, and I authorize him now
and would have had him here had he
been in town and release any con
fldential relations that he may give
to you the facts just as they are
"The contract was carried out pre
cisely, except where we granted a lit
tie extension, and I have here the
record from our bookkeeper of every
payment that was made. Mr. Hunter
in his company took other men in part
ners, in a partnership, so he tells me.
The record shows that that company
transferred them, to a corporation
formed in Arizona by the name of the
Oregon Military Grant Road company,
and they wen to a Kansas City con
cern, the Oregon Valley Land company
"They put them on the market and
sold them. We never had a cent in
terest beyond that contract. Mr. West
could have known it if he had searched
the records, either at Portland or at
Lakeview and the counties through
which they extended. If he did not.
he is at fault, and if the facts I state
in this, and in relation to other
things, are true, he owes it to the
people of Oregon to apologize, and if
he is a man, he "will apologize, to me.
(Applause and cheers).
Sanies Tax Dodger Charge.
"He says that I am a tax dodger.
Here are what the facts are: First as
to the legislative proceedings. There
was a bill introduced by a gentleman
from Multnomah making a special act
to assess timber land. They say that'
I killed it. My vote with others did,
and 1 have no apology to offer for it,
because I stand here, as a fair minded
man, to say that the timber Is bearing
its just proportion.
"Here is what has transpired. Since
our company was organized we have
paid over $304,000 into the treasury of
Lane county as taxes. And listen
here. Since all of our lands were ac
quired and without the acquisition
of another acre our taxes have in
creased under the present law seven
fold. Here is the statement (exhibit
ing paper). I offer It to you all.
"And as to the lands on the other
side of the mountains, we paid when
we got them $5000 taxes; now we pay
$1500, with only about a seventh of
the land left. Am. I a tax dodger?
That is the record. Our books were
open to our assessor, and there has
never been any complaint.
"Listen thn, just to this last state-
Governor West
Masterly Presentation Brings
(Continued From Preceding Page.)
to comply with
the request of Mr.
"The four La Raut deeds were not
recorded but were retained until the
''ler i? "l .or u
wnen me mnu xia.ua iiivesugaiious uuu
" m w.C6uu ve
ress, when they were returned to the
makers and destroyed. The La Kauts
made other deeds in 1907. Lucy and
Ethel were each paid $25 upon execu
tion of -the latter deeds. Three years
after executing their second deeds.
whfa tpy wer,e abut to to Canada,
nd agents ef the government were
making inquiry about their entries, and
were each paid $50 by the company.
"The applicants and patentees never
Baw th entered y them except
when Brumbaugh took them to the
ian(j before
tha entries wars made
They never made any effort to dispose
of them, never Inquired the value there
of or the amount of timber thereon or
took any Interest whatever therein;
never Inquired as to the expense of
the entries or whether taxes were being
paid thereon, notwithstanding they
were always In poor circumstances,
"The books of the company show
that it assumed control and ownership
of these lands Immediately after
proofs, and charged itself with all ex
penses relating to these lands, begin
ning with its cruise thereon up to the
present, including taxes. -
Big Acreage Included.
"The stumpage account contained
somewhere close to 150,000 acres.' The
total of $301.03 above, made up of
small items of expense upon said
claims, " designated 'Brumbaugh Land
Claims,' was nowhere charged to the
Individuals but was carried into the
stumpage account under the general
item 'Cruising.'
"Now the cruising of the company
on those claims shows that they 'aver
aged, the five claims I have mentioned,
about 6,750,000 feet to the quarter sec
tion; the crutsings of the government
show that they average 8.530,000 feet.
Now taking the two together they
would average 7,500,000 feet. Figuring
the stumpage at only 50 cents on the
ground, these claims were worth
$3750 apiece; yet the poor relations
were obliged to turn them over to Che
Booth-Kelly Lumber company for $100
apiece. (Applause.)
"Now It Is said in the brief that, 'It
Is believed a proper construction of the
facts as shown by the circumstances
and the acts of the parties renders the
pretended explanations of the defend
ants and entrymen absolutely absurd
and untenable, and unerringly points to
the truth of the allegations in com
plainant's bill of complaint, and fully
justifies and demands a cancellation of
all' the patents Involved In the suit.'
"Now, before the claims in contro
versy were filed upon, the Booth-Kelly
Lumber company had the lands cruised.
together with other lands in the vicin
ity, and was then and had been for a
year prior thereto engaged in purchas
ing timber lands In that vicinity."
Paid $80O Each.
"Title was immediately taken to
the Dunbar, Roche, Brumbaugh and
Jordan claims. Dunbar and Roche
were employes in the Booth-Kelly
Lumber company. They filed on lands
in the same locality and were paid
$100 apiece at the same time. But
later on when the government investi
gations were on and the Booth-Kelly
Lumber company needed the testimony
of Mr. Dunbar and Mr. Roche to
square accounts with government,
they were given about $800 more
apiece. That was a number of years
afterwards.
"That Alice and Stephen LaRaut
entered the land in behalf of the de
fendant company through an arrange
ment with R. A- Booth is shown by
the fact that the matter was the sub
ject of family conversation, as related
by tha witness, Mrs. Applestone, 'she
was a daughter of one of the LaRauts,
Mrs. LaRaut,' which occurred about
the time the entries were made, or
immediately prior thereto. These con
versations gave the amount to be re
ceived by the entrymen as $100 each,
for the services in making the entry
on behalf of the company. The books
of the company show that these par
ties did,, subsequently, actually receive
the sum of $100 within a few weeks
after they had made proof, and there
upon deeds conveying the absolute
title to the company were made. Now
In reference to this Jordan claim of
which I speak, the United States at
torney said in arguing the case: To
submit argument to show that the Jor
dan entry was fraudulent would be
like arguing that it is day .when the
sun la shining.'
"The land embraced in th$ several
entries would not in such case be car
ried into the general invoice account
of land owned by the company, but
would be kept separately In the account
of each individual.
Knrsery Bhyma Quoted,
L 'V Both had done as e saye
he has done, loaned these people $100,
when these land frauds came on as
stated in thts government attorney's
brief, without a consciousness of
ment, but I must close, for my tirmj
is up, though I am not ha-if through
with the first charges that he made.
I will attend to them a little later
as rapidly as I can.
"Now as to political manipulation.
I never received a favor of the com
missioner of the general land office,
or any senator or any congressman;
and hear me when I tell - you that I
have never asked it, never wrote a
letter that effected any title to a
single acre of our land.
"Why did not Mr. West tell you
that all the lands, more than a mil
lion acres that we have handled, more
than 99 per cent of it more than 95
per cent of it had the title initiated
before our company was organized? I
speak from the records.
"And furthermore, men, never has
there been yet actual disposition and
final disposition of an acre that we
own; not an acre; and there never
has been attacked more than five
claims, less than one-tenth of one
per cent of the lands that we have
handled. So you sea that wa go up
in the Royal Baking Powder's class,
our government notwithstanding.''
(Applause.)
Bares: Details of
wrongdoing, those deeds would nn I
pave peeo destroyed in December, 1804.
or fn January, 1905, when the land
fraud prosecutions were arising in
Oregon. It reminds me of a little
nursery rhyme which I heard the othe?
day, which says:
(Laughter and applause.)
" 'There was man in our town
Who saw a splendid prize
In grabbing deeds -to timber claims.
For he was wondrous wise;
But when he found the tale was out.
With all hid might and main.
He said the deeds were not his own
And tore them up again.'
"He says in this brief: 'If it wert
true, as stated by Mr. Booth, that
these people were taking up lands for
their own use and benefit and not for
him, if it were true that Robert Booth
was merely attempting to assist his
relatives, there was no necessity of
paying them each $100 after the en
tries were perfected. It could not well
be that the property of each was
identical, and in order to relieve the
same that each should have exactly
the same sum that was paid Jordan,
to Brumbaugh, to Roche and to Dun
bar.' "Now. my friends, I want you to
understand the situation. (The speak
er here produced a map, to which ha
referred).
"There were railroad grants in that
section of the country. For a certain
distance on each side of the railroad
the railroad company was given the odd
sections to aid in the construction ot
the Oregon & California railroad.
Claims Are Sought.
"Now, when Mr. Booth became en
gaged in the lumbering business and
he began to cut timber that went with
a little sawmill that he had leased from
Jones & Cook, or whoever It was, he
ran onto these wonderful claims that
were owned by the railroad company,
and they immediately set about to se
cure title to some of them at a low
price, which they were able to de-
through friendly officials.
"That left, you see, in between thes
odd sections, which are marked in red,
the even sections which were eithel
vacanf or had previously been taken by
entrymen. Now after acquiring titl
It wag their aim to consolidate their
holdings and acquire title to these even
sections. That is why they were tak
ing advantage of the situation after
they had secured from the railroad
company a branch line into the Wend
ling mill.
"The only railroad construction that
we enjoyed in this state of about 20
years was the. few miles that were
built between Springfield and Eugene,
from Eugene to Springfield, to the
Booth-Kelly mill, and the branch lin
up to Wendling, to accommodate the
Booth-KeHy people. Now they had the
only mill ,n that district, and those
who had timber in there were obliged
to sell to the Booth-Kelly people at
a mere pittance; and then they eet
about to gather these other claims, the
LaRaut claims and the Jordan and
Brumbaugh and Roche, and others,
were filed over beyond the Cottage
Grover somewhere, as I remember it.
"Mr. Booth, In order to save those
lands, went on the witness stand and
testified that those people had taken
them for their Own use and benefit,
and that either he or the company was
merely loaning them the money. I
want t6 read you just a little testi
mony here from som of this. I want
tG read you what Judge Bean said.
You know Judge R. S. Bean, the Judge
of the federal court, I want to read
what he said about the Dunbar claim.
Manner Xiooked Suspicious.
"He says: 'The fact that the money
was advanced by the company and the
manner in which the books were kept,
as well as the circumstances surround
ing the entry, were suspicious, and
standing alone tends strongly to sup
port the government s contention. But
with the explanation given by the wit
nesses they are not sufficient to over
come the respect due to the patents or
the presumption which attended their
Issuance. That he took the land not
for his own use and benefit but for
the defendant company. His testimony
in this respect is confirmed by the
entries In the books and the circum
stances attending these entries.'
"In other words. Judge Bean held
that the Jordan entry was1 bogus, and
that the statements made by the com
pany that he was taking the claim for
hi3 own use and benefit were falsa.
(Applause).
"Mr. Jordan was one of those labor
ing men working for the Booth-Kelly
Lumber company, one of the 'labor
ing men about whom Mr. Booth is so
solicitious, especially at thi3 time
when he is running for the senate.
(Laughter and applause).
"Now listen. Jordan went on the
witness stand and testified that he
was asked by a representative of the
Booth-Kelly company to take this
claim and they agreed to pay him $100,
and the Booth-Kelly Lumber company
went to the land office where John
Henry Booth, a brother of R. A Booth,
was receiver, and Mr. Bridges was
register, went there and tho Rnmh.
Kelly Lumber company furnished the
money to pay the necessary fees.
Witness Gives Testimony.
Edward Jordan was called as a wit
ness in suppti-t of his application to
purchase the lot for which he applied.
Now the testimony was taken before
Mr. Booth, remember, as receiver, and
before Mr. Bridges; and here is what
they asked him. Now remember he
was sent there by the Booth-Kelly peo
ple. The bookkeeper of the Booth
Kelly people carried the check that
was to pay for the claim, and he sat
down in front of Jonn Henry Booth,
who was secretary of the company
think now secretary of the Booth
Kelly Lumber company, aid he was
asked this question:
" 'Have you sold or transferred ycur
claim to this land since making your
Biaiemuiii. or nave you directly
or indirectly made any agreement or
contract, in any way or manner, with
any person whomsoever, by which the
title which you may acquire from the
government or the United States may
inure, in whule or in part, to the bene
fit of any person except yourself?
"He says. T have not
"'Do you make this entry In. good
iaitn ior me appropriation of the land
exclusively to your own use anrl not
for the use or benefit of any other
person
"Answer: " T do.'
" 'Has any other person than nnr
self, or has any firm, corporation, or
association any interest iif tha entry
you are now maKinj, or in the land, or
J X 1 . - i . . . ..
iu iue uinoer mereonr
"Now just think. Thera he was. sit.
ting before J. H. Booth, the receiver of
the land office, the secretary of the
Booth-Kelly Lumber company, and
right at that time there waa laid on
tho counter by the bookkeeper of tha
Booth-Kelly Lumber company a chock
I ........ 1 1 . L- - .
loeucu me xjuuLn-tveuy people In I
favor of the land office to pay this I
Booth's Timber Land Deals
Cheers From Great Atjdience
entry, and the contract was all made.
They were bringing that poor devil in
there to commit perjury for the paltry
sum of $100 in order that they might
take his claim, which cruised millions
and was worth five or six thousand
dollars." (Applause).
West All Hig-ni.
A voice: "What's the matter with
West?"
Another voice: He's all right."
Governor West: "Now, Mrs. LaRaut
had a daughter by tho name of Apple
stone. She went on the witness stand
and they asked her, 'Where were you
living in 1902 and prior thereto, In
1901 T She said, 'In 1981 I was living
in Portland, I think. Part of the time
with my mother and part of the tim
ia Portland.'
' "Where was your mother living at
that tim?'
" 'At Saginaw, Oregon.
" 'Do you remember being up at your
mother's home in the spring of 1902
and summer?'
'"Yes. sir.'
" To you know anything about the
entry of some timber land there by
your mother?
'"Yes, sir
" 'And the other members of tha
family?'
'"Yes, sir, I do.'
" 'Just state now what you know
about that, and what information you
have about It.'
" "Well, at tha time I was there they
had come off from their claims.'
" 'You mean they had been out to
visit their claims?'
" "Yes. sir, they had been out to sea
the land?"
" "Well, who had been to se the
londr
" "My mother and step-father had
been,"
" ' Who else?
" 'And Ethel. That is, I know that,
because they were at the house there
and I knew they had taken up a tim
ber claim.'
Talked With Mother.
" Now, did you have any conversa
tion, dr was there any conversation
conducted and carried on in the fam
ily there which you heard in relation
to these timber claims?'
" 'Yes.'
'"What did they say about tha Um
ber claims how they happened to take
them up, and all about it?'
" T talked to my mother about it
especially, and she told mo that she
had taken up a claim and had taken
it up for Mr. Booth." (Laughter and
applause.)
" "What Mr. Booth?
A voice: "How is that, Mr. Booth?"
Governor West: "Just a minute.
What Mr. Booth T
" 'Robert Booth.'
'How did she sa7 she com to take
it tip for Robert Booth T f
" I do not remember just tho words.'
"Go ahead now and state the con
versation that decurred there without
being asked any questions.'
" "Well, we had talked about It so
many times, at different dates, and
she said that she had taken up a claim
for Robert, and they were to .be paid
a hundred dollars that is, mamma
was to be paid a hundred dollars ior
her claim.'
'Now Just remember What this man
Jordan was up against. (Laughter).
Jordan was working up there for a
small wage and Mr. Kelly called him
up over the telephone.
" "What did Mr. Kelly ay to you
over the phone?'
" 'He asked me If I wanted to take
up a timber claim for him, and I told
him yes.' (Applauso.)
"What did he say no wouia
'ou- ... . w..
That he would give ma Hun
dred dollars.' (Laughter.)
What else was he to do besides
pay you the $100?'
He was to pay ior tne i""
pay my expenses.
" "And when you gi i xwocum s
what happened?"
"Now, listen to this:
" Wre went in there to prove up.
" "Who went in?"
" "Us three fellows Mrs. Roche, Mr.
Brumbaugh and myself. l oo noi
know whether that was tne time ma
Mr. Booth said, 'Stand back awhile, the
Inspector was there.' (Applause and
cheers.)
"Listen, listen. You are taxing up
th time here. (Further applause and
cheers, with hisses.)
"'How long, did you stand Dacsr
" Half an hour, or such a matter.
T.a.ii-hter We went back of the
main office and sat in the window
there for a half of an hour or such a
time, and he called for us.'
" "Who called for you?'
" 'Mr. Booth
" 'What Booth was thatf
" 'Mr. J. H. Booth.'
" "Who furnished the funds at the
time you proved up who furnished
the money?'
"The Booth-Kelly Lvfanber com-
Danv.'
" 'Who carried the money there
who had it there?'
" 'Mr. Roche, he carried a check
That was the bookkeeper of the Booth-
Kellv company.'
" "Who paid that check over to the
officers of the land office for your
land?'
Check Was Given Her.
'I gave that over myself. He gave
me the check when we got to the land
office.' (Laughter.)
" 'Do you remember what kind of a
check that was?
" 'The Booth-Kelly Lumber com
Dany's check, is all that I know.'
(Laughter and applause.)
"Now. these claims were known as
the Brumbaugh claims, up the Brum
baugh creek. Brumbaugh was an old
pioneer that the creek was probably
named for; and be had a son working
for the Booth-K.elly people, doing a lit
tle cruising, carrying compass, or
chain, or something in the cruising
outfit, and he had been up there when
they cruised these claims, because he
knew they wanted It; they were using
him as a guide, and they wanted him
to file on one for them. So Daniel H.
Brumbaugh tells his story.
" 'You took up a timber claim about
the same time as these claims involved
in this suit In this same locality?"
" 'Yes, sir.'
" "Where was your claim. In relation
to the Jordan claim?
"'Well, mine was In 34, townships
21 and 22, and his is in section 2, town
ship 22. 1, I think."
" "Was your claim anywhere near the
Dunbar claim?"
" 'Yes; it joined it.'
" 'State the circumstances under
which you took up your claim and with
whom you negotiated?
" There is not very much to tell. I
can tell It in a very few words He
asked ma whether I would take up a
timber claim, and I told him I would."
(Laughter.)
"Who diar
" 'He Bald on Brumbaugh cheek.'
" 'And what else did he say as to
what he would do .If you did?" .,
" 'He told me he would furnish the
money.'
" 'What else?
Would FurniMb. Expanses.
A. "And pay my expenses."
Q. "Anything else?"
A. "And give me on hundred dol
lars." (Laughter and applause.)
"Now I want you to remember that
it was either Jordan or Brumbaugh
that testified in there that when they
cave them th 3100. thev held out
' SXK fin o r n . fr rki a taf rtr snulAlhlnir
that they sold to him, so he only got
$65 n cash." (Laughter.)
A voice: "He will make a great
senator." (Cries of "'put him out.")
Another voice: "How about Bliss,
the corrupt governor of Michigan."
Governor West: "Now, my friends,
I just want to read you what Federal
Judge Morrow and Ross and Gilbert
say about these claims.
" 'The deed from Jordai was not
recorded until September 6, 1907.
The La Raut deeds were never re
corded, but in the latter part of 1904
and early in 1905, at about the time
of the investigation by the govern
ment of land frauds in Oregon, those
deeds were returned to the makers
and destroyed. Now Ethel and Lucy
La Raut made other deeds in 1907,
at which time they were each paid
$25. On February 3, 1910, Stephen
La Raut and his wife made a ded
of their lands to the company, and
were each paid $50.'
"Now the court says: The expenses
of the instrument in going to Rose
burg, lodging there and returning, the
recording fees and the publication no
tices were not entered la these indi
vidual accounts, but Were entered In
the books of the company under the
heading, K"?Brumbaugh Land Claims,"
and were carried into the stumpage
kecount under the item, "Cruising."
They were selected for the company,
and now after the court recites this
and spaaks of Mr. Booth's testimony,
it says:
Patents Are Set Aside.
"These facts and circumstances
are sufficient to meet the requirement
of the rule that in a suit to set aside
a patent the testimony with which it is
done must be clear, unequivocal and
convincing." That is what the court
said, and they set the patents aside.
(Applause.)
"Now, my friends, Mr. Booth was
a public official at that time. He
was a senator, the same time that
George E. Chamberlain was governor
of the- state. T'ljey were both public
officials, both charged with a sacred
duty. There was a school und to
conserve and protect.
- "Now you remember I mentioned
Roche and Dunbar, two gentlemen
who were working for the Booth
Kelly Lumber company. Mr. Roche
and Mr. Dunbar went up there and
filed on claims and received a hun
dred dollars. Up in that locality per
haps they run out of people to file,
the Kellys and Roches and Dunbars
had ail taken up claims for the com
pany, and they wanted to secure title
through the state, some state base
that they might obtain.
"Now in each township sections 16
and 36 belonged to the school children
of this state, and if for any reason
they are lost to the state, the state
can select other lands in lieu of
them. That list becomes a basis for
other selections. Now if those sec
tions were mineral in character, why,
they would go back to the govern
ment and the state would lose th;m,
and they could be used as a basis
for selection.
"My friend, T. T. Geer, who Is out
telling the people why Chamberlain
should not be elected,- was governor of
the state, and he had a friend there In
the land office by the name of O'Dell
who listed a lot of bogus deeds and
who collected thousands and thousands
of dollars from the people of this state
and they got nothing in return.
' Cousin Claim Agent.
"Mr. Geer's cousin was state land
agent and it was his duty to furnish
Information as to this base, but when
people came thera he could not give
them the information but sent Jhem to
General O'Dell, who supplied it. Now
down came the Kellys to have some land
selected. Here is an indemnity list.
They came into the land office and
they wanted to select some land, all
of section 14, 21 south, 1 west, 640
acres, and they wanted to get 240 acres
in section 4, 9, 21 south; that is up in
this territory (indicating on map). Now
this is the way they proceeded:
"They came into the land office, the
Booth-Kelly people came down there,
or sent their representative down there
with the money, or mailed it down; it
got to General O'Dell; and they as
signed as base for these selections cer
tain lands over here, section 26, 11
south, 85 east, and section 36, 10 south,
31 east. That is over In eastern Ore
gon. These lands were supposed to
be . mineral in character, and they were
assigned to the federal government
and the state authorities alleged that
they were mineral in character and
that they were going to surrender them
to the federal government in order
that these lands might be selected for
the Booth-Kelly Lumber company. Now
under the laws of the state you can't
purchase to exceed 320 ares of land;
so it is necessary for timber operators
to go out and secure someone to make
application for the land and turn it
over to them. That is the way the
deeds were secured by fraud; and that
is the way the Booth-Kelly Lumber
company proceeded. They wanted to
file on these applications.
"Now Mr. Dunbar was very much In
evidence. Mr. Dunbar was the clerk
who filled out the papers and they sent
them down to the land office, three
applications, one signed by Dunbar, one
by Bertha L. Kelly and one by George
H. Kelly. It is the Dunbar claim I am
particularly interested in at this time.
He makes affidavit as follows:
Affidavit Is Made.
" 'I, H. H. Dunbar, being duly sworn
say that I am over 18 years of age and
that I am a citizen of the United
States; that the proposed purchase is
for my own benefit and not for the
purpose of speculation; that I have
made no contract or agreement, ex
pressed or Implied, for the sale or dis
position of the land applied for, in case
I am permitted to purchase the same,
and that there is no valid . adverse
claim thereto.'
"Now that application was filed in
that qffide on December 18. It took a
little time to go to the land office, and
it came back and it reached the land
office on January 4. and the papers
were fixed out, prepared and sent to
tha Roseburg office, or sent to Eugene,
and on January 8, just after lt got
tbere, Mr. Dunbar assigns those school
lands to Booth-Kelly Lumber company;
(Continued on Page Ten.)
I F. -
BOOTH IN CLOSING SPEECH
ENTERS EMPHATIC 0 EN.IALS
(Continued From Preceding Page.)
Oregon. Here is the man that was a
party to it. (Applause).
"August 10 Judge Gilbert ordered
not less Chan 500 names be drawn,
from nine; of the 33 counties. The
same day Bladen wrote to Bush that
Gilbert ordered not less than 700 names
drawn from nearby counties, but ex
cluding Clatsop, the home of Senator
b ulton.
August 11 Sladen notified Bush that
Gilbert set August 17 as the day for
filling the box.
The record shows that Judge Gilbert
either intentionally or negligently aid
ed the government detectives in giv
ing me jury do a one siaea poimcai
bias. He took an 'active part in many
matters connected with the filling and
prefeervins of the land fraud box,
tilled August 17, 1905. He excluded
counties where some of the more prom
inent defendants were best known. He
sent a list to a partisan Democrat in
Columbia county for revision and sug
gestion; he extended the time for fill
ing the box-, thus giving the detectives
more time to select the convlctors."
A Voice: How about all that tliat
was done ior a $100?"
Jordan Claim Discussed..
Mr. Booth: "Just wait a minute.
Now the claim as to the hundred
dollars. Here is the evidence. Every
man who has read it, and I assume
that the governor has
A Voice: "Read it."
Mr. Booth: "This is the Jordan
claim, mind, knows that my name is
only mentioned in that case once.'
A Voice: "That's enough."
Mr. Booth: Listen. l hat was
when Jordan said 1 had nothing to do
with it; I never spoke to him about
it." (Applause).
A Voice: "Why didn't you say that
in Albany Tr
Mr. Booth: "I wish you would not
applaud and just waste the time-
Wrhy didn't I refer to that in the
Albany speech? For this reason:
Whatever blame could possibly be at
tached to anyone I wanted to take.
Not George Kelly, but John Kelly
was land man of our company, and
not I He nurchased that claim
and here is what happened. His es-
dence directly contradicts Jordan
Believe whichever you please, but lis
ten to this. We have in our posses
sion two letters from Jordan written
years after the claim was bought,
that V&e government had offered him
moni for a story that would convict
us, and he eaid this."
A Voice: "Read the letter."
Mr. Booth: "'If you don't come
through with the money I will ac
cept the government's money.' " (Ap
plause and hisses). That is the kind
of a frame up that was put up here.
"Now, men and women, it makes no
difference " to me whether or not you
want to believe this. There is the
record, every word of It."
A Voice: "Read it."
Mr. Booth: "And my name is not
mentioned in the Jordan claim save
when he said that I had nothing to
do with it." (Applause).
A voice: "Good."
Mills Thera Before Kallroad.
Mr. Booth: "You had as well con-
vict anvbodv Msa in th audience: vou
had as well convict the men who Rra
trying to convict me; but here is the
thing that he charges against us par
ticularly now. I' have referred to
those charges. Here is w?iat he says:J
'That by connivance with tha railroad
company we caused them to build a
road into the territory where there
had been no mills.'
"The very spot on which our mill
now stands and was then built was
occupied by a sawmill, and there were
two others in the same neighborhood.
That is the fact, and I will pay the
way of anyboy who wants to go and
see whether that is' true.
"He said no one else could ship, that
we had shut up the resources. We
don't own a twentienth of the timber.
and there are nine mills thera oper
ating. Now do yu believe the state
ment of a man wtio says a thing like
that?"
(Mixed cries of "Yes" and "No.")
Mr. Booth: "Do you believe tha
statement?" .
(Continued qrie.s of "Yes" and "No.")
Mr. Booth: '"There is no use for me
to talk if I can't get a fair hearing.
(Laughter and-applause.) But this is
true. I realize very" well from what
has been aid from the platform and
from you, that you are not here with
open minds to hear What the facts are.
A Volcfc: "Sure -we are." (Hisses
and applause.)
Mr. Booth: "But you are here with
your minds already made up. But 1
want to say to you this: That every
statement save that of the Jordan
claim, which has no relation to me, is
disproven by the facts or contradicted
by me, and I defy any man anywhere,
and ail comers, to disprove it. But
whether you believe lt or not is up to
you. But I want to tell you this: That
unless I am mistaken there are men in
the state of Oregon enough who do not
come with this spirit to say that the
Democratic RoyaU Family of Oregon
shall not longer fill tha offices of this
state. (Cries of "Hurrah for Booth!"
Applause and cheers.)
Not One New pfo vision.
Now a word more. Just a word more.
There is an inference in what the gov
ernor says that the provisions in the
land grants were known by every
woman and child in Oregon. Let's see
what the facts are that are public in
this city. Congress passed a bill that
all those who had acted in good faTTh
in the purchase of railroad lands
might repurchase them from the gov
ernment. While the case was at issue
in this city the evidence was taken and
all of the officers of our company and
those who previously had been officers,
swore, to the facts as to the purchase,
not ofl this particular tract of land but
every acre, dtwn to the laet40 that
we owned, and every one of them
swore that they did not know that pro
vision, and it goes without saying that
if it had been known, if it had been a
matter of record, that anyone might
h4j.ve seen, then, fellow !zens, the
lands would have never been sold. But
in 1SS3, over 30 years ago, I pur
chased lands from that same grant to
start a sawmill, and hundred's of people
in Oregon have purchased It since.
What was decided by the highest court
of the country ? That we had acted in
good faith and therefore we purchased
the lands again. That is what the
record shows.
"We connived! How? How did i
connive about that railroad? We bound
ourselves to give the ties and the
right-of-way if they would build Into
the forest, but we otouid not buy tha
timber and it is a .matter of record.
until we signed a contract to do that
and shipped 2500 carloads of lumber
the first year, and to continue it,
2Teve Bad Secret Rita.
"We connived! Why? Apparently
to get the railroad companyto change
their minds, if the government's state
ment is true, to again develop Oregon
by helping extenLthe roads into the
forest and to sent out- ol this state
timber enough so that the amount that
we have broucht-into the state is
many times more tiian during tha same
time has been tmtributed by tha ;
national governmetfft to this state. Does
that look like we u ire connivers to rob
the people of theij! iblrthrlght? Wher-
would the people tiave been who have-
worked in our m? (Cries of "Ah
and finnlaiiBH ;. . o
country to do inlhjrslate shipment Jrv-
this state, and , !Fice we commenced .
hundreds of otUej mills have come,;
until millions of dollars are coming;
here from the development that mever;
wuuiu nave come- HV ior m; iiciiiwiin;
that we made, ; upon w-hich were;
granted the $3.iqj'rate to -San Fran-;
lisco bay sand the ''i 0 cent rate east. - u
"It was not mode for us. It was
made for all shippers, was an op:tt
rate, and we nevesr have hart a Secret
rate, and that cnn.pe ascertained from;
the records of the interstate eommereo
commission, wherr I and other peop!e:
or uregoji testing j in aerenee oi ine
. 1 1 nuni ruin unn , i inr.H tm.lv. il
was through out! efforts that tlwy
w erases tended further east, ana on,
t V i . . i t . . . . ii -: L ' il,.vAlnm,j4 ' filiv
busfness and othorpeople in the coun
fc.J - IIJi'.' ' M , A , ' V . . i. h
condition now.' - i nree-iourins. .over
half, of the mills'' aro closed; two of
ours are shut dow&, the third is about
to be. Why? Because "
A unfri. t I r t nrln t In lt ' ' T tm 4u
- - .......... . V f,
before election. (Laughter and ap
plause). Canadian J tills Blamed.
lion, jusi aner , -leuuun, my leuow:
just after the ejktlon that put tha
1 lmn(ra ru in r ' - That la a7 ti o r
happened. The i-jlls closed here be-
ra hh mi n in it unsina a r a p nninr.
That is why tHSy are not running
here; that men who come from Cana
da preside over tffir. destinies and fa
vor their brethren there instead ' of
their brethren here. The question Is
to be answered fry soon. Whatever
Is your verdict ifiust be my verdict.
kbut it will not Be answered by the
spirit of the menwho will not hear a
statement or kiviT credance to a r-
ort. -i
"MnW Dfl t I 1 1 ll t A HMk-.l-.. .1 ..tnl.ln
this last word." ,'4
A voice. "TellAis about the S(tiool
f h lid rr
sn fund." fe
Mr. Boojh: "ai
me." .
right, theii; hear
Voices: "Tell hs about the school
lands." ;n
Mr. uooth: "Lt me tell you about
Judge Uilbert Ut; then I will tall
Vf dVt.llt i . A 4r Ilk. J.oIj,
tWUUb 1 L. WUUBfcB till US' I L SB U kI W
iuu was reimerea-i.on ll)l supposition.
wmcn every man sas a rignt to Delteve
or not, as you UKufi mat tne La Kauts,
wnom you see, tfcat Mr. Dunbar, who
wui f ,.iji kl air. UHirtia n l -
!, who is our rnniager, ana Mr. Jonn
Kelly and niyelfi, swor falsely. If
you want to believe that, believe' it"
A voice: "Sigre." (Applause).
Mr. uooth: "Tfchere is no evidence
io ie contrary, except wiat or one
girL is it any fyonder, then, that in
tne face of what" he did, that We got
aucrt a ueuisitins out, menus, it
I uu' yei semeu. s n is on appeal to
" Buyieme rauruoi tne united BiatCS
aim a uiue lateoyou win near of it.
iNow-as to ti4; school lands. W
never, nrrver, exploited tna
scnooi lanos and Sought but very little.
in uia' rrontage of the timber, arid
ttlAv TXT rr. on I A ' v - A . . .
mencea operating; The same thing is
hub wiiu me uven sections. Decause
tney were neartwi the railroad and of
me most vaiae. a
Value of thc-ta Baut Claims.
isow as to twe values of the La
naut claims, w. purchased the body
. . r i .... .j . i-. . -. .
i iwtu umie iruni two men. a.iina
1 1...).. . .....
moive w luuriKtn inousanu acred.
no claims that Were taken by the La
""o ,iiiiii yuu ainve nea i a were so
vaiuaoie, wmie uey bouuht the land
irom tne ranrtmji company there for
live uuuais mni a quarter, were not
wjuucmu wuriKUKhiiig. inu claim
on' tne borders nsere worth less. It
was a noiamg proposition, and all of
me iiiiiiuny h&ev mat or a ciri mm
Bays that she h
ra iicr mother make
certain stateiiu
is, not that I had
made to her, hi
i- iuiiiu irom some
other source, tluj
mey were going "to
do thus and so;
ut tne record show
tne testimony i
uwu, mm trie lan is
u.-.,..Sc'-i iu Liie )-a nauiB and mat is
t jan nmiH iwjjfuu luniKni, wait a
while and see wut the supreme cour
wj - ii lasjiue sworn testimony
of seven peoples only one contradict
1 r. t LJ . I I . - . Erk . . . , . . .
tH V. . uuicve upoui ij, wnaiever you
use. tAsppiausej). i
The meeting htere ended.
Women Would Have
TT J 7l sv
nana ip ivianagipg
. -r .
vsnaiaates Are Jtstta to Stat Poi-
m .
won m tteg-arcr. to Handling of Pris
oners.
A coterie of rwtland club women Is
... ; !il . . .
putting up to candidates for citv and
county offices Who have Jurisdiction
uvcr j.un-c hhuj prison matters, tne
i . . ..
- - ?
question: "if emoted, are you willing
io giaiii a. Bii-!tnriion, non-sectarian
body or women wie right of a voice In
im umii57uieii:ii wuisivii prisouers.
Mrs. josepnindiu. bharp, who is back
ol tne movementSi stated yesterday that
tne ciuus or ingHcuy are eninusiastic
in tneir respooije wnn indorsement
of the question.'slt is her idea to hav
a woman deputy-sheriff and a branch
or the city poftfe under the special
-IT
Jurisdiction of; a woman. Indorse
ments. so far h&Ve been made by th
Political .Scienpit club, the Alberta
Women s Improvement club, the W
C. T. U.. the A3berta Women's For
vaarA f 1 1 1 i anrl ILi. r.nlral W 1 T TT
Mrs. ssnarp ay otner ciuds are pre
paring to laite ;jsp me movement.
i-a , .
LAND TRADE IS CLOSED
One of the latKest rear estate deal
recently completed, was the sale of Z
acres orchard ifi the Grants Pass
Qistnci, owned uy -Mrs. l,. uruetner
... ... . . . .
to J. W. ShaffaVd, of Portland, for
reported considdatlon of 117,000. kAs""
part payment iif. Bhafford turned ln-
hls residence jpj-operty at Fifteenths
and Hall streetf. The ojrehard con
sists of peachesf pears, apples, all of
the standard vajf etles, and in bearing.
The sale was rfenle bj. the Stout In-'
vestment company.
An engine hai been invented which"
is driven by the-jvspor of heated mer
cury, which is condensed and used re-'
peatedly, the hat given off by tha
condensation generating steam, which
Is used independently. '
f
, D