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;
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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)