Tonight and to morrow, V f at r c o o ler tonight, with' light frost? westerly "winds . HomIdity,!. VOL. XV. NO 348. PORTLAND, OREGON, MONDAY EVENING, APRIL 23, 1917. FOURTEEN PAGES. PRICE TWO cents; tiuxss as wrw siasn rcvx oxvtc " SC -"I Ha b r l E1 m m KJ KJ hi fe33a H Liki ; ft FNPI ; H Fv.- IT'S ALL TRUE A WeR HELP British Foreign Secretary Balfour Calls on President . Wilson for Informal Dis cussion of Cooperation in Mapping Out War Plans. TROOPS NOT NEEDED AT ONGE ON BATTLEFIELD Commissioner Explains That Allied Governments Have Agreed to Pool Food Sup Dlies: Italy and France Said to Feel Shortage. Food Zs Principal Weed. Washington, April 23. (U. P.) What the allies want from the United States more than anything else Is food. t 4r This vital fact emerged above all others from the trappings : of diplomatic courtesy attend ing the initial reception here ; -- : - - : . 1 : ; today of Foreign Secretary Ar thur J. Balfour and the British commission Uy President Wil son and other-. American offi cials. There Is no "Immediate con cern regarding sending of troops to Kurope," It was of ficially stated. Balfour conferred with Presi dent Wilson. President Cunliffe of the Bank of England con ferred with Secretary of the. Treasury McAdoo. Naval experts of both na tions conferred with Secretary Daniels. v ..Washington, lprll 23. Escorted by Secretary of State Lansing, Arthur JamesBalfour." "Oreai "BrltiCtn'sSecre ' tary of state for foreign affairs, here . for what is regarded the most impor tant war conference of the world con flict, called upon President Wilson at the White House Just before 11 o'clock . today. Mr. Balfour haj already vis ited Secretary Lansing at the state de partment. Thrftughout the ceremonies were of the utmost simplicity. "Meantime the naval and army mem bers of the Balfour party were calling on 'the heads of the nation's naval and military establishments. Major-General Bridge was presented to Secretary Baker by Major-General Scott, chief of ataff, while Admiral Benson presented . Admiral Dechalr to Secretary Daniels. The reception at the WThlte House (Continued on Ps Two. Column Three) CAPTURE OF TWENTY U-BOATS WITH CREWS BY BRITISH, RELATED Member of War Commission ; Says Men Were on Verge , of Starvation When Taken 'Washington. April 23. (U. P.) A member of the British war commission ' today said 20 German submarines and their crews were captiired by the Brit " ish April 10, the day before the party sailed. . "They weren't exactly captured, eith er," said the Englishman. "They had been searching for a destroyed base for days and had been suffering for rood, and water and when our boats picked them up many of the men were 'on the verge of starvation. The crews - were quite subdued and gladly, surren- ; aered. ' "England Is getting a lot more sub marines than you people in America have any Idea of. xne submarine commanders are having a rough time of it. Their bases are sought out and destroyed almost before they are established. The British know of certain bases, but they let them, alone until the sub marines are gone, then destroy them .ana leave the u-boats in a hole." Three Boys Killed By Fumes of Gas Seattle Jtads Vlaylaff In X.atmch Over come; Bodies round by Searchers Hear Home of One of Victims. Seattle, Wash., April 2S.U. P.) Th bodies or three boys, Ballley WH Hams, aged 6. Raymond Mills, 9, and . Jack lstard, 11, were found in the pilothouse of the gasoline tug Helen S.,6unday, on Lake Washington, where . vncy om ween aspnyxjaiea py ras. while playing. , Parties had been searching for the three missing children since Saturday , evening, ; when they failed to- return home.; All of them, lived near 'Leschl Park, and the boat Into which they had crawled was moored about 10 feet from the houseboat In which Jack luard ... lived.; : -.v- v ' .'- Parents of the three boys, are: Bail ley -WlUiama, Associated Press tele grapher; Peter Mills. Northern Pacific railroad train ' dispatcher; and 1 G. IX . lssard, coal ahd ;wood dealerrk Peace Will Be May Day Topic Of Socialists Preparations Are Being Made for Celebrations on Grand Scale in Many Co on tries. London. April 2.4(L N. S.) May day manifestations by Socialists and other workers will take on special sig nificance -this year. Dispatches' re ceived today from Bftssia, Holland. Spain, Italy, Sweden and other coun tries stated that preparations ' for treat industrial demonstrations are go ing forward on a grand scale. At many places the Socialists win taxe advantage of the day to press their demands for peace. Military Control Threatened. Amsterdam. April 23. (I. N. S.) Military control of German munitions plants is threatened as a result of re cent strikes. It was reported from Berlin today that the war office has begun to give serious consideration to the question of military control of all gun and am nunltion factories as a means of han dling the workmen more efficiently in the future and preventing walkouts. Deputy Scheidemann, Socialist, In the relchstag. has Issued an appeal to the munitions workers, saying that strikes at this time "are the greatest danger to an early peace." LOSE NO TIME; DO YOUR PLOWING TODAY; DELAY MEANS LOSS If You Need a Plowman, or if You Want a Job, Tele phone City Auditor, This Is "plow week." Nature and the rain . have yielded. Ground Is getting into condition with a rapidity astonishing In view of the be lated season.' No time must be lost. All equipment for breaking the soil must be Impressed into service. Every day's delay will mean loss In the harvest. ' Many people want to know where to get plows and' plowmen.' A number of plowmen want Jobs. Clty Auditor Barbur'S Office -wtrr act! aa a clearing house of Information on plowing. Telephone Marshall 4500. Those who have . plows and want work should' list their names with the city auditor at once. 1 Those who want lots plowed should make application at once, in order that they may receive early attention. The telephones of the city auditor's office are Marshall 4500 and A-6601. Those who have: work done In this way are protected against extortionate charges. No plowmen will be listed un less they agree to do -the work for a reasonable amount and to do It thor oughly. Some plowmen have been reported as plowing sod ground shallowly, turning the long heavy strips under without at tempting to disc or crop up the mat of roots, and then assuring their patrons that the ground was in good condition. Go Biz to Eight Inches Seep. There is nothing mysterious or tech nical about the preparation of ground for planting. Disk the sod ground both ways before plowing. Spading gets the same result. Have the ground plowed six to eight inches. Do not turn up more than an Inch or two inches Of the raw subsoil. Harrow or rake the ground well. Go over It with hoe and rake until the clods have been pulverized. You save time by taking time to do the work with absolute thoroughness. The city lot, 60 by 100 feet, is better spaded than plowed. Sunday was the first day of the season when conditions were really fa vorable for garden work. "City farm ers" all over Portland took advantage of it. In every district, men and wom en, boys and girls, had a garden field day, spading, "hoeing, raking and put ting in the seed. - There is evidence that more vacant ground will be planted in Portland this year than ever before and much of the movement Is In direct response to Pres ident Wilson's appeal for everyone to aid In the campaign to Increase the food supply. Vacant Xts Available. Those who wish to obtain the use of vacant lots for cultivation will find that the city auditor has a long list of available lots. Call by telephone or personally, and make a selection. No charge will be made for the use of the lot or the service In getting It for you. These are the important days In the campaign to Increase the food supply production. Don't delay. Brazilian Troops in Complete Control Buenos Aires. April 23. (1. N. 8.) Brazilian troops -in the southern Bra zilian states, where there was a recent uprising of German - residents, have sained complete control of the situa tion, according to advices from Monte video today. They added that quiet has been restored on the Brazilian Uruguayan frontier, although Uru guayan troops are still on patrol duty mere. J. ' . -. The Germans around : Porto Legre, Brazil, are being disarmed, it was re ported. - ;- r - - . New Mexico Guard In Federal Service Washington, April 23. (I, N. S.) ine rim mrantry of the. New Mexico National Guard and hattery A. of the New Mexico field artlUerv were tnriav ordered into the federal service for "peace purposes of protection" by the war.department,4!A'vvsH. -i. -V s BRITISH RESUME DRIVE AT DAWN ON RIVER BANKS Remainder of Village of Tres- cault and Greater Part of fr"1 f1""1 tday- it added that , " u w'"" v" there Is great activity on the part of Davrincourt Wood Cap- itn Gen11 around Riga. iimJ AmmMMj;m. 4 Dhha.1 Riga la at the extreme northern end tUrea, ACCOraing tO nepOrt of the Russian front. It had previous ly been reported that the Germans PAST WEEK DEVOTED TO CONSOLIDATING DRIVES Military Experts Believe the British Will Attack to Per mit French Action. London. April 23. (U. P.) Over a wide front on both sides of, the river troops were accompanying the German Scarpe, Field Marshal Haig early to-'squadron from Libau, day resumed the British drive with a! , ... tremendously forceful attack. "We attacked at dawn this morning on both banks of the Scarpe and made satisfactory progress," he reported. "South of the Bapaume-Cambra! road we captured the remainder of the vil lage of Trescault and at night gained the greater part of the Davrincourt Wood. "The Scarpe attack was over a wide front." - London hailed Ha!g"s report as In dicative of resumption of the general British offensive. While there has not been any abatement In the pressure around Lens and on the Cambral-St. Quentin line during- the past week, nevertheless it was felt here that the Franco-British strategical plans con templated alternative smashes in force between the Haig and Nivelle armies. Trench Attack, British Consolidate. While the French army was making its terrific assault on the Soissons- Auberive front the British seized the ' ume io consolidate the positions they placed In charge of the Swedish min won in the first smashing: drlv and i- at r-nnntnntinnni it -was an. during the week have more or less con- lined their offensive to smashing drives suddenly executed at scattered points. Now, however, accordlnr to mill tary experts' belief, the British army has started Its concerted, all-along- i viioiimo, luruug jiinuen- uurg lu conueniraie nis reserves in opposition and permitting the French in turn to consolidate their positions, bring- up more guns and ret a breath ing Spell.' - --.-'i -'. -':.. , . ' s ,--- r..jr. -i Hair Beaches Toward BonaL The thrust along the Scarpe was re garded as a new development in, the allied offensive. Haig is now reach lng- out with powerful force toward t the state department for my pass Douai. r Today's statement did not ports. Until I am so Instructed I definitely locate exactly where Hair's blow on both banks of th Scara i was delivered, but It was probably I near ifampoux. Fampoux is about eight miles southwest of Doual. A drive in this direction is not only a menace at Doual. but it is part of the general enveloping scheme around Lens. Sunday's official state ments Indicated a tightening of the noose around this coal city by at r . . ."JL l"e- V:"? n nJ?I i I'Zl1.1 t0 th8 SOUth' nine i miles from the city. r n .v'TT." 1,rV5fM,fm8 and ammunition for 1104 mer- in motion In a concerted offensive was seen In the official report of gains on the Bapaume-Cambral road. Hav ricourt wood is now practically sur rounded by the British forces. Tres cault Itself Is a bare eight miles dis tant from Cambrai pivotal point In the "Hlndenburg line." French Check Violent Attacks. Paris, April 23. (U. P.) French troops fought back two violent Ger man attacks in the vicinity of Moron vllliers and Mont Haut In fierce fight ing, the French official statement to day asserted. Three German surprise attacks in the Woevre and the Vosges evidently designed to create a diver sion and relieve pressure of the great French ' offensive to the north were likewise beaten back. "From south of St. Quentin and Soissons to Rheims, during the night artillery on bqth sides was most ac tive," the war office declared. "Kast of Craonne there was a bombardment preceding German attacks. We coun ter attacked and the German attacks did not materialise. - "In the Champagne two German at tacks on Mont Haut and Moronvilliers were ' followed by heavy fighting, the attacks being checked by artillery and machine gun fire. "East of St. Mihlel. In the Woevre and in the Vosges, three German sur prise attacks were beaten back." Fighting on Wide Front, Berlin. Berlin, via London. Anrll 2a. f TT. PP.) Fighting on a wide front, with repulse of English attacks by counter thrusts, was announced in today's of ficial report. "Yesterday to the northwest of Lens the English penetrsted Into our first line on a distance of about 500 meters," Qie statement said. "They were driven back by a counter attack. , "Early this morning, after drumfire, fighting recommenced on a wide front.' Serious Fighting in Oheng-iu Reported Peking. April 23. (L N. S.) Serious fighting has taken place in the streets of Cheng-Tu between Sxe-Chuan and Tun-Nan troops, according to dis patches received here. Maay houses have been burned and trenches and bar riers have been thrown across streets. British, French and Japanese consuls have arranged an armistice. The direct cause of the uprising Is said, to be the attempt of the military governor of Sse-Chuan to disband the provisional troops and strengthen his hold on the province. v r Cheng-Tu has a population of about 800.000. It ls the seat of eight -American and British missions, whose staffs Include S3 men and 6? women. A11 for eigners are reported safe. v Germany To Land Army At Riga, Russia Transport Fleet Sighted in the 'Baltic; German Forces Are Active Near Riga. Copenhagen, April 23. (L N. S.) A ! German , transport fleet has been sighted in the Baltic, says a disnatch might try to land an army to get be tween the main Russian force in the field and Petrograd. t Cruiser Squadron Leaves Liban. Petrograd. April 23. (U. P.) A Ger man battleship and cruiser squadron has left Libau. presumably to attempt an attack behind the Russian lines from the Baltic, according to official word from Riga today. It was report ed also that another German warship squadron was en route to the Russian Baltic positions from Kiel. number f tr.n8r)orta lo-d(!d wlth OFFICIAL WORD THAT TURKEY HAS U. S. ED Minister Stovafl at Berne Sends Message; Turkish Charge Not Notified, Washlntrton. Airil 23. X. N. S.) American Interests in Turkey will be nounced by the state department this The Turkish government has formally broken off relations with the United States, the state department was offi cially Informed today. The message carne from Minister Stovall, at Berne, Switzerland. "I have received no word of any sort." said Abdul Hak Hussein Bey, the Turkish charge d affaires In Washing. ton. when word of Turkey's actios was riven him. .,' "I have not been In communication with my government for three days. I expect to hear something, of course- Probably I shall, be instructed to call shall take no action. This Is the first authentic news I have had on the situation. I am very, very sorry $49,660,000 Needed To Arm TJ.'S. Ships tTe-VUs-lAn Am-I1 9 f T XT Secretary McAdoo of the treasury de- for the 8UryT thenav CM iiucaii ivuaj dvw b vvu -w wiicj UU a sup- Iplemental estimate of $49,660,000 for chant vessels. Food Survey Proposed. Washington, April 23. (U. P.) Secretary of Agriculture Houston to day asked the senate agricultural com mittes for "power and money to make an immediate survey of the food up ply of the country to determine what the resources of the country are." The total supply now, he told the commit tee, cam not be estimated. Six Americans Have Narrow Call at Sea Washington, April 23. (P. N. S.) Six Americans were placed in deadliest peril by a German submarine that at tacked an unnamed allied freight steamer on the 16 th. it was announced by the state department late this afternoon. For four days the Americans, with nine' other members of the steamer's crew, were adrift on the ocean, being n many picKea up Dy another freighter. Another lifeboat is still missing. While the crew was taking to the boats several shots from the U-boat fell dangerously near. Young Men Said to Be Going to Canada Washington, . April 23. '(!. N. S.) In order to prevent an exodus of Amer ican youths into Canada to avoid con scription. Representative Mason of Ill inois today introduced In, the house a bill directing the house' military affairs committee to draft a bill dealing with the practice. Representative Mason, In his preamble, stated that 50,000 Amerii can youths have already gone to Can ada to work on farms, being lured by advertisements, setting forth that con scription can be evaded by change of country. Governors Invited r To Food Conference Washington, April 23. (I N. 8.) Governors of all states today were in vited by the federal trade commission to come or send representatives to a con ference on conserving fuel and food to be held In Washington next Mon day. - ' ' ' ' - V'-' Conference to Open May 15. Stockholm. April 23. (L N. &) A Socialist' peace conference, will open here on May 15. Delegates from Rus sia, Germany, Austria-Hungary. Den mark, Norway and ' 8weden will be present, it was said .today. ;i - BROKEN WITH RECEw STARTS IN CONGRESS ON DRAFT MEASURE Great $7,000,000,000 War Bond Bill Passes Both Houses and Is Sent to the President for Signature. HOUSE FIGHT BITTER ON CONSCRIPTION BILL Senate Expected to Pass Ad ministration Proposal as Opposition Is Less. Balfour May Address Senate. Washington, April 23. (U. P.) During- his visit to the senate today, possibility de veloped that Arthur J. Balfour. British secretary of state for foreign affairs, may speak be fore the senate. Vioe President Marshall asked him if he would be willing to speak to the sen ate. He replied that he thought it should be left for future dis cussion as to desirability and advisability. Washington. April 23. (U. P.) The great $7,000,000,000 bond issue bill awaits only President Wilson's Sig nature to become an actuality. House and senate today unanimously accepted the conferees' report on the measure, which was sent a. once to the White House for the presidential approval necessary o make it a law. Congress started debate on the admin istration's conscription army bill. which, if passed, will subject millions ; of American citizens to the draft and enable the government to Immediately start training the biggest army in American history for a smash at Ger many. The house had before it the army bill as reported by the military com mittee, with conflicting recommenda tions, one proposing the volunteer plan and the other President Wilson's select ive draft. The house fight was bitter. Representative Kahn. of California, a Republican - and - v natir of - Germany led the administration forces. Senate Tight Hot Bo Bitter. Chairman Dent of the military com mittee headed the opposition, favoring a volunteer aimy. Strong pressure Is being brought to bear on wavering members. It will continue until the end of the debate, probably Wednesday, when the admin istration hopes to have an uncertain opponents whipped IntoJine. The senate fight is not so bitter. It appeared certain the draft program would ultimately pass in the upper house. President Wilson was In closest touch with every move. His Intimate i advisers were said to be positive con- Buuyiiuu uum wiu. Progressives Aid. President. A arouo of Progressives save added strength to the president's forces, when they indorsed a number of ad ministration measures, Including the draft. The big bond issue, which will pro vide the sinews of war for America's first armies in the field and for work of training recruits, is about ready for sale. Secretary of the Treasury McAdoo plans to utilize offers of ad vertising to awaken the people to the fact that this huge sum must be raised to Insure the defeat of the kaiser and release America's forces for the battle lines. An extension of the draft to male citizens not eligible to military con scription, to form a service army for food production, was jdemanded by Representative Emerson of Ohio in a resolution. Army Xs to Bs Seat. That America will send an army to the European trenches "If we ever get an army fit and equipped.'' "was the declaration of Senator Williams, admin istration leader In the senate, during the debate. "Is the ultimate policy of our gov ernment to send an army abroad?" asked Hiram Johnson. "The bill itself answers that Ques tion," interrupted Williams. "We are going to send one if we ever get one fit and equipped. But we don't want to send boys unfit and untrained and un equipped." On the house side Representative Lunn, New York, attacked the advo cates of volunteering, charging that by opposing the draft they were doing no less man enemies of the republic. Permit for T. R. Proposed. Washington. April 23. (L N, S.) Senator Harding of Ohio launched, a motion in the senate this afternoon for acceptance of Colonel Roosevelt's offer to raise and lead a division in France. He Introduced an amendment tor the raising of four army divisions apart from the force provided for la the selective draft MIL Senator Harding's amendment pro vides that no enlistments shall be ac cepted 4n any of the four divisions of men liable to draft. It is estimated that fully 100,000 men would be raised under Senator Harding's proposal. It Is made general and four divisions called for, so that; It cannot be knocked out as special legis lation. Stone Will Vote for BOL Washington, April 23, (I. N. S.)- Senator Stone, chairman of the foreign relations committee, who opposed the declaration of war against Germany, announced this afternoon that he would vote for the selective draft bin. Renomlnation Not Considered. . Washington. April 23 Although Oregon senators are generally disposed to favor reappointment of -federal of ficials who have mads good, they have not yet specifically considered the case of United States Marshal JohnMontaff. Missionaries In Turkey to Stay at Work Americans Hare Been Doing Excel lent Work, That Is Being Ap preciated, It Is Reported. Boston. Mass., April 23. (I. N. S.) American missionaries in Turkey will continue their work In that country, despite the breaking off of diplomatic relations between Turkey and the United States, according to a statement today by Foreign Secretary James L. Barton of the American board. Immediately the steps will be taken, however, to protect the missionaries and the $21,000,000 interests that the American society has In Turkey at present. Every eftort will be made to keep the half dozen American col leges in operation together with the 10 large hospitals which are always filled.' The society has at present 91 attaches In the field. There are about , 25.000 students under the care of the board, together with several hundred Ameri cans. There are about 200 residences of Americans that will have to be pro tected, also. Dr. Barton feels that no harm will come to these missionaries, as the ma jority have lived there all their lives and are greatly respected. VICTORY OVER TURKS, Istabulal Position North of Bagdad Now Completely in Hands of Victors. London, April 23. (U. P.) British forces north of Bagdad have achieved another brilliant victory over the Turks, an official statement announced today. "On Saturday night the enemy evacuated the remainder of its lata bulat position, which we stormed and consolidated on Saturday," the state ment said.- "On Sunday at daybreak we pursued the Turks from Istabulal, capturing prisoners and one, 6.9 howitzer," the statement continued. "The enemy was found, occupy lag a position to the right of the Tigris.'Stx mites nearer "Samarai which is being attacked." Istabulal Is SO miles northwest of Bagdad, on the Bagdad railway and the Tigris river. It is 10 miles south of Samara, so that the Turkish forces, ac cording to the official statement are now entrenched and are under attack from the British at a position only four miles from Samara. Les Darcy Enlists in U. S. Aviation Corps ' j Memphis. Tenn.. April 23. (I. N. S.) i iester uarcy proved ne was no slacker today by enlisting1 in the Unlt- ed States army aviation reserve corns I at Memphis, without any strings at- tacneo. Previously JJarcy had said he would enlist if given a furlough of two months in. wmch to engage in bouts. Unfavorable comment Induced him to change his mind about a fur lough. Darcy. who weighs 160 pounds. was declared in perfect physical con dition by the examining physicians. Blood May Be Given To Sarah Bernhardt New York. April 23. (I. N. S.) Physicians In attendance upon Madame Bernhardt will determine at a confer ence today whether blood transfusion will be resorted to In an effort to en liven Madame Bernhardt' low vitality. Dozens of persons have offered to submit to the transfusion operation. The majority or them are French reel dents of New York. Madame Bernhardt's condition today was saia to De sugntiy improved. Von Falkenhausen To Govern Belgium The Hague. April 23. (I. N. 8.) Colonel General Baron von Falkenhau sen Las been appointed military gov ernor of Belgium by the kaiser; accord' ing to advices from Hanover today. Another Drop in Price of Butter Is Market Prediction . Still lower prices for butter are coming. This news developed today after a drop of 2 cents a pound" was noted, early. The second drop w-U be forced here perhaps In the morning. The weakness is due ' to a sharp drop in the San Francisco mar ket. - . Then again It might be wise to prepare for a lower price on ' eggs for this too Is In sight here In view of the lower prices in Calif ornU. . There was, sn advance of cent a pound In best grade of lard and in bacon, and lard compound rose a similar amount. . Beef prices are up 4 cent a pound all around and with the 'higher prices forced for both cattle and swine in the yards during the day, all fresh meat values will show a further ; advance. , Lest we forget, to get that supply of soap; prices are up ' again for the day. . i-... BRITISH WIN ANOTHER FORCING EVACUATION U. S. SUPREME COURT DECIDES 0. ID C. LAND GRANT CASE III FAVOR OF FEDERAL GOVERNMENT Decision Upholds Findings of Lower Court to the Effect That Railroad Company Is Not: Authorized to Dispose, of Lands Involved Until Further Legislation by Congress v v- CHAMBERLAIN -FERRIS ACT UPHELD,. OPENING HOLDINGS TO SETTLEMENT Government to Sell Lands to Actual Settlers Under Conditions of Grant Railroad Co. Allowed, Price Originally Specified. Washington. D. C. April 23. (Washinrton Rnron rt n All doubts concerning power of congress to deal with the Oregon and Cali fornia land grant were removed bv the United State &unrm rnurt nnlnlnn today handed down by Justice McKenna. The railroad's claims to absolute ownership were smashed, its contention that its consent had to be gained iu icihi uue i ucnicu, iguiucm mai i ucciareu unienaoie, ana ine the granting acts is 2.50 an acre. Judge Wolverton's decree in the is declared to be in accordance with uu iuc viiiuuciiui-rcr r is an is commented upon as proper exercise Py :ongress of its powers for disposing of the lands. - The meat of the decision Is . con tained in the following extracts: Chamberlaln-Terrls Act Upheld. Congress, In the execution of the policy it deemed fitting under the cir cumstances, as expressed In our opin ion, enacted what is called the Chamberlain-Ferris act. The validity of the act Is challenged, and both sides Invite a determination of the challenge. The validity of the law may be said not to be Involved. The appeal is from the decree, and, that being determined to be right, the appeal, it may be urged. is satisiiea. The questions It presents decided it- However; it may be con sidered Important in the. execution of the decree, for we have seen that the granting acts were laws subject to amendment. If the right ' of amend ment existed or accrued there was a reservation in them of the right of amendment or repeal, and It it could not be exerted to take back what bad been granted . and. had vested it eould b-rted -Costccaanptisa.. rented y wnicn ne court adjudged to the gov ernment for the violation by the rail road company of the provisions of the grants. x Grants Were JTot Absolute. It Is no answer to the exertion of the power and remedy to say that the acts of congress were. Initially, com plete and absolute grants. It Is to be borne In mind that they carried with them covenants to be performed, and. necessarily an obligation to perform them, with remedies for breaches of performances. Such was our judg ment, as w have seen, and the Judg ment was adopted to the conditions created by the breaches and for this legislation. The railroad company, by pushing into view the rights con ferred by the granting acts and put ting out of view the wrongs committed by it. can easily build an argument upon and Invoke the inviolability of vea-ted rights, and to say that its con sent was necessary to legislation is to say that It could dictate the remedy for Its wrongs and preclude or em barrass the policy of the government. The interest that the granting acts conferred upon the railroad company was 12.50 an acre. . Duty Declared Violated. "That secured to it. all the value the granting acts conferred upon It was secured. It is true, it had the right of sale, selection of time and settler. If these were rights, they were also aids to the duty ot transmitting the lands to settlers, and. that duty hav ing Been violated, they became unsuit able to the conditions resulting and obstructions to the relief which had accrued to the government -In other words, by the conduct of the railroad company, the policy of the granting acta had become Imprac ticable of performance and the new conditions, the land inviting more to speculation than to settlement, de manded other provision than that pre scribed by the granting acts. "This was the declaration and di rection of our judgment and the Cham berlain-Ferris act the execution of If - Company Contention Disposed Of. The Union Trust company conten tions are said in option to bs largely disposed of by the rejection of the railroad arguments, and Francis J. Heneys appearance as amicus curies Is thus alluded: "The Union Trust company also at tacks the Chamberlaln-Ferrls act and is assisted in the attack by a friend of the court. The attacks have the same basis ns that . which we have noticed, that is, the rights of the rail road company are asserted to be vest ed and inviolable. The contention gets a semblance of strength from the ability of counsel. To yield to It would bs in effect to declare that covenants violated are the sams as covenants performed wrongs cone the j same as rights exercised and. by eon founding these essential distinctions,! give to the transgression of the law what Its observance - Is alone en titled to." Sals and Use Differentiated, Attempts to differentiate between sale and use of lands is covered by the opinion, as follows: "Distinction is now attempted to be made between sale of lands and use of them. Including In the use the right to cut timber upon them and extract min erals. Such is a necessary Incident to ownership, and that such use was not intended to be taken awa nor could have been taken away by our judg ment. To answer the contentions would be mere repetition. Th dis tinction is' now mads between the lands, and there Is but the contention urged on the first appeal and rejected, that provisos only applied to lands sus ceptible of actual. settlement. and not to timber lands.". . - - In 18C2 cngTess granted to ' the ''i::::-"V;'''t;'i:'AV. ownersnip ox umDer is separate from court plainly declares that full value Ot United States district court at Portland the supreme court's previous decision. Union Pacific and Central Pacific rail roads millions of acres of land to en able them to build a transcontinental railroad from the Missouri river to Baa Francisco bay. An extension - north along the Pacific coast was planned. and in 1865 congress grsnted the land involved In this suit. In northern Cali fornia and O-egon. to the railroads. To Bs Bold to settlers. Under the provisions of the grant the land was "o be sold to actual settlers, not more than a quarter section to a purchaser, and at a price not mors than $2.60 an- acre. Several years ago congress ordered the attorney-general to proceed against the railroads and the Oregon St Cali fornia Land company, which held the title, for violation of the terms of 'the original grant. Proceedings were started in Oregon courts. These held the land forfeited back to the govern ment. But the decree was reversed. Then the supreme court .handed down a complicated mandate which nobody un derstood, and the right was on again. ' Bevestlar Act Pasted la ISIS. : ' An Oregon court,, interpreting the mandate, held' the railroads could not' dispose of . the land until, congress passed legislation regarding It. -. In June, 191 S. congress passed the. Chamberlaln-Ferrls act. revesting the land In the United States, allowing the rall-v roads the S2.50 sn acre for It that they . were authorized to charge In the grant. and opening the land to settlement.' The proceeds from sale of timber lands were to be divided, 25 per cent to the county In which the land was situated, for schools, roads, highways, bridges and port districts; 49 per cent to the general reclamation' fund, and 10 per cent to the general fund. UPHOLDING DECISION FORFEITING OLD O.-C. GRANT MEANS MUCH: Over 800,000 Acres of 2r " 300,000 in Oregon- Fine Agricultural Lands. - u The importance of the decision of the United States supreme court in th Oregon It, California land grant caso can scarcely bs realised Insofar as it concerns the future development and settlement ot the state of Oregon. The grant lands consist of approximately., 2,200,000 acres, reaching from the CaiU'. . fornta to the Washington boundary, and of that total probably 1 00. 000 acres are capable of immediate agri cultural development. It Is estimated that more than 100.000 acres of the grant will be clsssed as agricultural : land, and not only thA, but thousands of acres of th agricultural laad is as fertile and desirable as any to be found In the Willamette valley, through which the grant runs. ZAnds to Xs Thrown Open, t- The Chamberlaln-Ferrls act, . which has apparently been fully . sustained by the supreme court, provides "that this vast tract of land shall bs imm a lately classified and opened to entry, settlement and sale, under the general terms of the original granting act. Much of this .work of classification has already been made and. now that the supreme court has finally determined,, the controversy between the govern ment and the railroad company, the -lands will be thrown open to the pub lic in the shortest possible space f time. - .-; ; - This means that the agricultural ... land will be,subject to entry, under the general provisions of the homestead act, by actual settlera ; The settlers will be required to pay the govern ment $2.59 an acre , for the land. 5 " cents at the time of filing, and I2.0S . when final proof . is made. Final proof will depend upon1 settlement and cultivation to all practical purposes the same as under the homestead act. Tlmbs Shan Xs Sold. ' The Chamberlaln-Ferrls . act also provides that tbs timber on the land classed as timber land that bearing' not less than 200,000 ' board feet of -timber to the 40-acre 'tract shall bs . sold to tbs highest bidder, under -com- petitive bids .as rapidly as a normal. market may bo found. - The purchaser (Ocaeloded sa Ttf, Eixht, Column rsr)