THE OREGON SUNDAY JOURNAL, PORTLAND, SUNDAY MORNING, MARCH - 4, 1S17..
REVESTMENTOFCOOS
W.
AGON
ROAD
GRAN
T
: LANDS AIM OF BILL
'?-.-. y . - - . - : -. -- -r
A" r'l i: ' "ii J V
Former Governor West Has
f Drafted Measure to Au
thorize Their Sale.
WORTH FULLY $3,000,000
im to Ownership, Are la. ReiaUrely
Bants osttloas tne O. C. Great
Trends WhJ.cs Here Been Revested.
i Kf forts to secure the revestment of
the lanJs.of the Coos bay wagon road
grant in the United States and .their
' aale according to the terms of the
grant are being put in motion by Os
wald West, who has drafted a bill In
tentative form for submission to Sen
ator Chlin certain and presentation to
congres. .; c
The Ceos bay grant lands are very
Valuable, being worth by conservative
'estimates, not leas than $3,000,000.
They stand In the same relative posi
tion, so far a ownership1 is concerned,
as the Oregon-California grant lands,
which have been revested In the gov
ernment and will be opened to entry
' and settlement provided the supreme
court of the United States holds tho
Chamberlain-Ferris act to bo consti
tutional and valid.
t ' Terms of Coos Bay Grant.
- , Congress, by an act of March I. HM,
ferajnted alternate sections of land
' reaching from the navigable waters of
Coos bay to Roseburg, extending three
section on each side of a road then
claimed to be constructed between
those two points.' The grant was made
to the state of Oregon, and provided, In
general terms, that the lands wero to
be sold to actual settlers, at a price
Dot to exceed $2.50 an acre, and In
tracts not to exceed 160 acres, to any
one settler. The purpose of the grant
was to procure sufficient funds with
: which to construct a wagon road from
Coos bay to Roseburg.
The grant provided that the lands
hould be sold as the work of con
y atructing the road progressed, for the
Duriose of construction and for no
other uso.
.'; The state, on October. 12, 1870, passed
a special law granting the Coos Bay '
Wagon Road company, all of its ln-
terest in the lands, and the company
- assumed all of the terms and condi-
lions of the original granting act.
' f .. Hoa-Ohservanee of Terms.
On February 4, 1908. the, govern
ment brought BUit against the Coos
Bay. Wagon Road company, or its
auccessor in interest, the Southern Ore
gon" company, to forfeit the lands be
cause of the . non-obuervance of the
"terms of the grant. The contentions
iOf the government were sustained by
"r the United States district court at
Portland, and the company appealed
"to the circuit court of appeals in 'San
; Francisco, which tribunal has recent
"lj rendered a decision in favor 'of the
' government oh appeal.
The Oregon & California grant case.
goon t&46 argued on repeating by the
United States supremeafwurt.. and the
Coos bay case are, practically speak
ing, parallel, cases.- The principal
points, sasecnn the first case are also
Involved v In the second, so ' that the
final decision of the hierh court on the
Oregon & California grant, case will,
. in large pact, be compelling in the
second.
. One Decision Bole Both.
"In other words, if the -supreme court
. . sustains the Chamberlain-Ferris act,
as to the power of congress to. enact
: ; such a law and administer the Oregon
power of congress 'to enact a similar
statute as applied to tho Coos bay
wagon road grant lands.'
It is the contention ... of . Governor
West, that- the common schools of .the
state will be adequately cared r for
through the additions to the "Irreduc
ible school fund coming from the pro
ceeds fjhe Oregon & California, grant
lands, as allot ed under the terms of
the Chamberlain-Ferris act. -He is
suggesting, therfore, that in any bill
introduced in congress to provide for
the revestment and administration of
the Coos bay lands, provision be made
that the proceeds ; be divided between
the Oregon Agricultural college, Uni
versity of Oregon and normal schools.
Ho recently has held a conference with
President Kerr of the Oregon Agricul
tural college, President Campbell of
tho University of Oregon and Presi
dent Ackerman of the Monmouth Nor
mal school at .which It was ; agreed
that it would bo a fair provision to
apportion. 50 per cent of the proceeds
derived from tho lands to the Oregon
Agricultural college, 40 per' cent to
the University of Oregon and : 10 per
cent to the normal schools.
Division Among Schools.
' A bill Is being drawn by ex-Governor
West providing for this division, and
also providing that all taxes that have
been paid by the Coos Bay Wagon
Road company, and its successor the
Southern Oregon company, together
with other necessary and f lawful ex
penditures that may have -been made
by them, be refunded, that the lands
be revested In the government and
then sold to actual settlers at a price
not exceeding $2.50 an acre and in
tracts not exceeding 160 acres to any
one purchaser, as provided under the
terms of the granting act.
A bill, similar In terms but provid
ing for the repeal of the legislative
act of October 22, 1870. and the ad
ministration of tho grant by the stale
land board, was Introduced In the 1913
session of tho legislature by Senator
Neuner.
Fata of Similar Bin in Oregon.
This bill was referred to the Judi
ciary committee of the senate, at th. t
time composed of Gus C. Moser (chair
man), L. E. Bean. R. R. Butler, John
A Carson, W. Lair Thompson, Claude
C. McColloch. and W. A. Dimick. The
measure was adversely reported by the
majority of the committee consisting
of Moser, Bean, Butler. Carson and
Thompson, while McColloch and
Dimick signed a minority report In
favor of the passage of the bill. Moser
fought for the adoption of the majority
report wnicn effort failed by a vote
of 17 to 11, the, bill then being in
definitely postponed.
The developments In the Oregon &
California case and in the Coos -bay
litigation since then have so changed
conditions that it is now considered
more feasible to have the legislation
for the administration of tho Coos bay
grant come tnrougn congress.
NewSendte Democratic
Control Rests With 5 Members
Upper House of Sixty-fifth, Congress Gives Democrats a Majority
of 12 In Lower House Democrats and Republicans Each
Have 215, Leaving Balance of Power With Small Group.
San Francisco Will
Have Novel Election
San Francisco, March S. (P. N. S.)
No other election In the whole coun
try will be as unique as the one to be
held here next November the .first
biennial preferential municipal elec
tlon.
Mere are some of the features:
No primary election of any kind will
precede It; each voter has three choices
for every office; each candidate will
stand on a par with every other con
testant; no party names or party des
lgnatlons will appear on the ballot
all the ballots will be counted In the
city hall under the direction of a sin
gle man. f
These new rules are the result of
an amendment to tho city and county
charter adopted at the election last
November.
Jail for Conscientious Objectors.
London, March 3.- (U. P.) Cells in
Dartmoor prison await conscientious
objector and others who refuse to
fight for king and country from now
on. The government heretofore has
dealt leniently With -the objectors, but
after March 1 they must either 'fight
terms, the decision will settle; to all
practical Intents and purposes, the
He California grant as provided by itsj or be locked up. Dartmoor is the con
vict prison built in 1806 to hold French
prisoners.
Washington, March In the new
United States senate of the elxty-fifth
congress, which cornea into being Mon
day, the Democrats have a majority of
In the congress Just closed they
had 14. In the upper house the hold
of the majority party has not been
loosened' to any appreciable degree.
In the house of representatives of tne
Democrats each have 215 members, and
the question of final control lies with
the other five, one a Socialist, one a
Prohibitionist, two Progressives and
ono Independent. . In the slxty-f onrth
congress the Democrats had 229 mem
bers, a majority of 23 over all.
Whti th hnmA is destined to be
come the, political storm center tor the
next two years, Immediate interest cen
ters in the new senate,. Which will at
once bring into action several men who
havebecome notable figures in other
fields, while others prominent In-that
arena have been retired.
Probably more-Interest will be taken
in the performance of Hiram W. John
son of California than In the case or
any other new senator. Tho progres
sive Republicans are looking to mm iot
eadership,' and will take keen interest
flP this expected clash ' with the Old
fogies of the reactionary wing.' Johnson
will be a disappointment if he falls to
start something." '
Two other newly elected minority
senators are regarded as of parUcular
ability, and likely to be leaders from
the ' bee-tnnlnsr. Frank B. Kellogg of
Minnesota, famous at one time as
trust buster" is one. Philander
Knox, who served many years with dis
tinction in the senate from Pennsyl
vania, and later was secretary of state.
Is the other. Kellogg is ranked as a
half-way progressive, while Knox will
rejoin the old guard with which he
formerly acted.
The new blood on tho Democratic
side contains fewer names of national
distinction, as comparatively a small
number of changes are being made
among the Democrats. , John B. Ken
drlck, who comes from Wyoming, has
made a strong record as a progressive
governor, and Kenneth D. McKellar, the
new member from Tennessee, who has
served several terms as a congressman.
makes one more in the progressive con
tingent from the old south...
Clark of Wyoming Retires.
Clark of Wyoming, who was defeat
ed by Kendrlck and becomes an ex
senator, has served since 189$ and Is
the third oldest senator in point of
service In the expiring congress. He
has through all these years faithfully
served the old guard leadership.
Probably the greatest loss to the
Republicans .comes in the retirement of
Sutherland of Utah. He Is yet In the
vigor of life and Is conceded to be
one of the ablest lawyers ' who has
served In the senate In recent years.
He fell a victim to the Wilson wave lb
Utah.
works of California, who is some
times called "Grandma" Works, has
been one of the most industrious and
time-consuming-members of the senate.
A strong exponent of Christian Science,
he has often entertained the senate on
the subject of his faith. He gives way
to Hiram W. Johnson.
The most conspicuous Democrat to
suffer defeat was Kern of Indiana, the
floor leader of his party, a,nd once
nomine for vice-president with Bryan.
Kern has not been a leader in debate
In recent years, but he has been one
of tho strongest Influences in Demo
cratic circles.
Other retiring Democrats of more
than usual ability are 0Gorman of
New York, who quit voluntarily, and
Johnson of Maine, who was forced out
by a Republican. O'Gorman has not
always supported .'the administration
measures, but Johnson, a man of high
S50.000 - rotes more than
legal talent, has been one of the most
consistent supporters of the president
during the last four years.
Republican candidates for senator
were far more popular than Charles E
Hughes at the last election, while In
only a few states did Democratic can
didates for senator run ahead of Presi
dent Wilson. This serves to strengthen
the hands, of the president, who re-
ceivea a f remarkable tribute in the
higher vote given him in states where
popular and able candidates for senator
were on the ticket with him.
At the date when the president and
the new senators are entering- nin
their terms an analysis of the vote
in these particulars becomes interest
ing. Republican senators were elected
in 16 states, with aarsrrerate DluralltUa
of 1.313.275 votes. In those same states
the lead for Hughes over Wilson
mounted only to 464.411. In thmis
16 states the Republican candidates for
senator ran 848,864 votes ahead of
Hugnes. ;
Zughes Ban Behind Senators.
Even after subtracting the enormous
Johnson vote In California, which was
exceptional, ana leaving California out
or consideration, the senatorial candi
The Democrats returned Gilbert.1 M.
Hitchcock to the senate by 11.2 23.
Missouri Wilson's plurality.' 2S.6S6.
James A. Reed. Democrat, was returned
to the. senate by 24,451. j
Montana Wilson's plurality.' $4, $13.
The Democrats reelected Senator My
ere by a plurality of 12.172. .
Wyoming Wilson's plerallty. 6611.
Senator Clarence D. Clark -was defeated
for another term by John B. Kendrlck;
Democrat, by 3066. -
Nevada Wilson's plurality. 5549.
8enator Key PHtman, - Democrat, was
chosen for another term by 2418.
Utah Wilson's plurality. 30.006. Will
H. King. Democrat, triumphed over
Senator George Sutherland by 24,165.
Arizona Wilson's, plurality, 12,646.
Senator Ashurst, Democrat, was award
ed another term by S612 plurality.
dates had
Hughes.; ...-.. ' v. . "4 ::.:.:
- Seventeen states elected Democratlo
senators, with aggregate pluralities of
733,792. Wilson's pluralities over
Hughes in the same states ran up to
739,867. .Wilson's vote In comparison
with the senatorial .candidates would
have been larger except for the fact
that In two states, Mississippi and Vir
ginia, the Republicans nominated no
candidate for senator. Because of this,
Wilson had 53.486 plurality in Virginia
over Hughes, while Senator Swan son,
unopposed, received 133,056 votes. In
Mississippi, however, the president.
with a Republican ticket In the field
against him, achieved the feat of re
ceiving a greater vote - than Senator
Williams, who had no opposition whatever.
Every one of the 16 states electing! New Mexico Wilson's plurality, 3530.
Republican senators gave them larger ndrieus A. Jones, Democrat, was elect-
votes than were riven Hushes. Of the 10 tM senate oy wi, tne oniy jn
17 states electing Democratic senators.
1 1 gave Wflson a better vote than the
candidate for senator received. '
States In which Democrats were
elected to the new senate, with com
parison of pluralities for senator and
president, are given below:
As the States Went,
Rhode Island Hughes' plurality,
4464. Peter G. Gerry, Democrat, was
elected to the senate over Henry F.
Lippltt, the Republican incumbent, by
7837.
Delaware Hughes plurality. 1253.
A factional fight in the Republican
party aided id 'the defeat of Senator
du Pont, who was a candidate for
another term. Joslah O. Wolcott, Dem
ocrat, had a plurality of 2509.
Ohio Wilson's plurality, 89,503. Sen
ator Atlee Pomerene. Democrat, was
chosen for another term over Myron
T. Herriok by -JB.BZZ.
Nebraska Wilson's plurality. 41.056
stance where a Democratlo candidate
for the senate exceeded Wilson's vote in
states of the west.
Texas Wilson's plurality. 221.867.
Senator Charles A Culberson was elect
ed again by the Democrats by'253.040.
one of three Instances la the south
where the candidate for senator se
cured a greater vote than Wilson.
Arkansas Wilson's plurality, 65,147.
William F. Klrby, Democrat, was elect
ed senator by 61,371.
Mississippi Wilson's plurality, 76,-
19. Senator John Sharp Williams, who
ran without opposition, was able to se
cure only 74,290
Tennessee Wilson's plurality, 36.698.
Congressman McKellar was elected
senator by the Democrats by 25.582.
Florida Wilson's plurality, 41.373.
Governor Park Tram m ell' was elected
senator by 49,617. - .
Virginia Wilson's plurality. 63,466.
The Republicans made no nomination
against -Senator Ewanson,- which ac
counts for his plurality of 133.066.: :
"WXsrs mernxslloam Were Zfasaed. ' -
States electing Republican senators;
with the pluralities and presidential
pluralities in each case, are as follows:
Maine Hughes', plurality. 5388. Fred
erick lisle Republican, elected senator
by 13,693. - -.. ,
VermontHughes', plurality." 17,742.
Senator Page, Republican, reelected by
27,476 ... "", ;. v .
Massachusetts Hughes' plurality.
20.899. Senator Lodge was returned by
32.939. ' .
Connecticut Ho ghee plurality. 6733.
Senator McLean, Republican, won an
other term in the senate by a plurality
of 8371.
New York Hughes plurality, lit.
312. ' The Republicans elected William
M. Calder to the senate by 233.331, over
William F. McCombs, Democrat
New Jersey Hughes' plurality. 67,
964. Senator Martina, Democratic In
cumbent, was defeated - by Joseph 8.
Frelinghuysen, Republican, by 74,647.
Pennsylvania Hughes plurality.
S8L950. Philander C Knox. Republican.
as chosen for tne senate by 330,345.
India Hughes plurality, 6942. Harry
S. New. Republican, defeated Senator
W. Kern for reelection by 11.961. James
EL Watson.' Republican, was elected for
an unexpired term y practically the
same vote.
Mrehlsan Hughes plurality. 68.959.
Senator Charles E. Townsend, Repub
lican, won another term by 106,701.
Wisconsin Hughes' plurality. 28.281.
Senator Report M. La Follette headed
the Republican ticket with a plurality
of 116.159.
Minnesota. Hughes' plurality. 892
Frank B. KeUogg won, the senatorshlp
for the Republicans by 67.628.
Washington Wilson's plurality. 11.-
694.' Senator Miles : Poindexter war,
elected as s Republican for another,
terra by 66.943. , -
California Wilson's plurality, titt.
Hiram W. Johnson smashed in for sen
ator on the Republican ticket by 296,
sis. . . . .
North Dakota Wilson's plurality.
1736. Senator MoCumber, Republican,
had a plurality of 16.736.' - ,
West Virginia Hughes plurality,
2731. . The Republicans elected Howard
Sutherland senator by (653. ' ' '
Maryland Wilson's plurality. 21.31:.
The Republican candidate. Joseph X.
France, was elected senator by 3921.
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BEN
SELLING, LEADING CLOTHIER
MORRISON STREET AT jFOURTH -;
Starting
this morning
at 11 cclock
New shows at
2:00. 3:30. 5:00,
8:00, 9:30 p. m.
BBBBSSSI J , L-." I 'J S" .' I BasasMasaaaSSBBSSSSBSSSSBBSSSSSSBBBSSSSSSSSBBBBBSBBSSSBBSSBM "
l'"'' Another of . . . !
't?$M?r ;- -' Wv V thoe cheery, :.
..MMy r ' "All-joy" how.
$&fri& eP a gloom chaser
J M&W . .1 -
W -Starting
jmSM f this morning , I
mM J at 11 o'clock
r-?:2- jT New shows at 12:30,
V:. 2:00, 30, 5.-00, 6:30,
6 1 I
12:30,
6:30.
The dainty, bewitching, captivating idol of the multitudes
Mairg
net i
the
Clark
with a notable cast of famous players in the most adorable role of her wonder
ful career a tiny, huggable human bundle of happiness a vivacious, charm
ing, spirited French actress a serio-comic tale from the noted novel by Molly
Elliott Seawell: v
"Tfiie Foirtai
it:
A'
.Picturized in ix tuperb act. There' lovely little "Rfi" and all her odd fnend of the Parisian
theatre, and then there U "Toto," her amazing little dog. "Toto U this kind of a dog: if ix
thousand of us see 'The Fortunes of Fifi" today, there'll be six thousand of us wishing with all
our hearts that "Toto" belongs to us it's an other of those happifying programs; the kind
that makes you forget that care or trouble ever existed; the kind that every member of the
family, from grandmother to the baby, will enjoy. Fascinating, short Pictographs and a clever
cartoon - comedyToday, join the joyous at Portland's popular
. - 1 ' . " .- f .
?' :..V, -7-9liyOV 1 No Advance
Important!
Thi is your last chance to see Marguer
ite Clark in a new production for nearly
two months or perhaps longerit's her
most delightful characterization enjoy
it today you'll always be gla'd. - '
Coming soon: ; Mary Pickf orrj
The Poor UtUe Rich GirL"
V-.-
(I'