East Oregonian : E.O., September 23, 1915, ROUND-UP SOUVENIR EDITION, Page Page Nine, Image 9

East Oregonlan Round-Up Souvenir Edition
Peadletoo, Oregon, Thuraday, September 23, 1915
Pay Nine
The Oregon-California Land Grant Problem
Full Text of Addrett by Ex-Governor Oswald West Before Conference Held in Salem.
THE HOUSE OF COMFORT
THE HOME OF QUALITY
Twenty Page
This conference ha been given for
aolution a fur more difficult problem
than ever presented to any assembly
in the history of our state. The peo
pie of Oregon have much at stake In
thla controversy and If through your
efforts congress should be prevailed
upon to adopt such a policy, looking
towards their disposition, as will not
only make for the early settlement
of the lands and the development of
our state, but turn a goodly sum in
to our state treasury, you will have
performed a duty for which you will
hold their lasting gratitude.
As was well said by our good gov
ernor In a statement given to tho
press a few weeks ago "this Is not a
place for politics and partisanship
and we should be careful not to be
misled by schemes advanced with a
view of personal Interest or to mud
dy the waters."
There being so many conflicting In
terests Involved In thla land grant
controversy and so many contentions
and claims put forth which have a
tendency to confuse the public mind
it Is roost Important that thla confer
ence endeavor to carefully sift the
wheat from the chaff In order that
the facts may be presented In their
true light and be fully understood by
the public.
With thla thought In mind, and
before offering for your consider
tlon suggestions as to the disposition
of the grant, I wish to call your at
tention to certain statements made by
the supreme court In deciding the
case, to analyze some of the so-called
"moral equities," which I under
stand are being advanced by the rail
road company, nnd submit for your
Information such data having
bearing upon the lands their char
acter, sltuutlon, etc. as I have never
been able to guther from sources
which have deemed the most rell
able.
There are a large number of alleg
ed settlers and a few actual settlers
who are opposing any movement
which Is likely to lend to the taking
over of the grant by the federal gov
ernment or the stiite. They hold the
belief that should the railroad com
pany be permitted to administer the
grant and forced to observe the cov
enants obtained In the granting act
they will be able to secure title to
valuable tracts of land and upon pay
ment of but a nominal sum.
In view of the fact that the court
has held that such settlers have no
rights which the company Is bound
to respect they at least bona fide
settlers would undoubtedly stand
better chance were they dealing with
the state or nation Instead of the
railroad. The court had this to say
when passing upon the settler clause:
"We agree with the government
that the company might choose the
actual settler . . . and we add
might choose the time for selling."
It says further:
"The word 'actual' expresses a set
tlement completed, not simply con
templated or possible."
It should he borne In mind, there
fore that unless congress takes some
action towards resuming the admin
istration of the grant the company
will be left free to choose the time
for making further sales and may
then choose Its own settlers.
As I v!cw the situation every bona
fide settler Is opposing not only his
own and the public's Interest, but Is
playing Into the hands of the railroad
company when he opposes the taking
over of these lands by the state or
leave the company but title over
$200,000 to pay and will thus reduce
their total tax burdens for the years
1872 to 1915, Inclusive, to 1,350,-
date, of all lands fit for settlement insistence upon retention of title and
and actual settlers now on the lands control of the grant,
will undoubtedly be given the pref- The lands were granted as an aid
erence when the time arrives for to the construction of the road and
making entry. served that purpose when they were 000
It is argued by friends of the rail- pledged as security for money bor- It Is Important that these facts be
road company that although congresj rowed to do so. The company has brought forcibly to the attention of;
may have power to regulate Its fu- had nearly half a century In which! the taxpayers of the several landj
ture sales from the grant It can' to dispose of the lands to settlers and I grant counties for a mistaken impres-j
neither resume administration, turn it should be stopped from coming sion has gotten abroad through the
in at this late date and professing : activities of the agents of certain "al-j
desire to do the very thing which it' leged" but not bona fide Bettler- that
has all these years failed to do, and the counties will be able to collect the
which the state or federal govern- i full amount of unpaid taxes if con-!
ment will surely do should either of gress leaves the company's title to
them take over the administration of the lands undisturbed. I
the grant. I if the state or federal government
Moral Equities. should take over these lands the sev-!
Among the equities claimed by the eral counties should be paid every,
railroad and often referred to aa dollar of unpaid taxes. And under
"moral equities" are Its claims for existing circumstances the counties
taxes and administration expenses would stand a far better chance of
paid on account of the grant lands obtaining the full amount from the.
and for free transportation provided state or nation than they would from
the troops of the United States. j the railroad company. I
Administration Expenses. While discussing the tax question
The administration expenses of the and the "moral equities" of the rail-1
grant are given as (1,138,000. If ap- road company it Is well that we also
plied to the entire grant lands sold take into consideration the "moral
and unsold It figures about thirty- equities" of the people of the atate.
four cents an acre. It was to be ex- In this connection It should be re
pected, when the railroad company membered that by reason of a large
asked for and accepted this grant acreage of the grant remaining for
with Its provisions calling for the sale many years unpatented the company
of the lands to settlers at 12.50 per as long permitted to escape the pay
the lands over to the state, or seri
ously Interfere with the railroad's
control; that the fee simple title, hav
ing vested in the company by virtue
of the grunt, cannot be taken and
vested elsewhere and that the rights
of the railroad are protected by the
constitution.
In advancing this argument the
friends of the railroad have evidently
overlooked the next to the closing
paragraph of the court's opinion. It
Is there said:
"The lands Invite, now, more to
speculation than to settlement, and
we think, therefore, that the railroad
company should not only be enjoined
from sales In violation of the cove
nants, but enjoined from any disposi
tion of them whatever . . until
congress shall have a reasonable op
portunlty to provide the legislation
for their disposition In accordance
with such policy as It may deem fit
ting under cuch circumstances and at
the same time shall secure to the de
fendanta all the value the granting
acts conferred upon the railroads."
Here is language as plain as day
from the highest court In the land
a court which has the last word when
It comes to Interpreting our federal
constitution telling us congTess may
legislation for the disposition of the
lands "In accordance with such pol
Icy as It may deem fitting" so long
as It provides for protecting the rail
road company to the extent of the
equity or value conferred upon it by
the granting acts which Is 12.50 per
acre.
Through the whole opinion It Is em
phasized that the situation involves
more than a private grant; that the
acts under which the railroad claims
have the effect of laws and must be
construed as such.
From a constitutional standpoint,
then, the question Is whether these
laws can be modified or repealed and
the administration of the grant re
sumed by the government or given
over to the state upon the payment
to the railroad company of Its mon
ey equity In the lands.
1 have no doubt this can be done
for no substantial right of the rail
road company would be thereby In
fringed. Substantial justice Is all the
constitution guarantees to any one.
The supreme court of the United
Your
Pleasure
Our
Business
Pendleton's
Real
Theatre
- . .-i
The Home
of
Paramount
Pictures
The Best
None to
Good for
our Patrons
Capacity
500
OPPOSITE CITT HALL
THE ALTA THEATRE
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acre, mat in its administration cer- ment of a Just snare or me annual1 Tattat4eaeteaaeeeteeeeeeeee0ef f
tain expense would be Incurred. If burdens of taxation. If one will take' f
at
these expenses have mounted to large the total acreage of the company's :l
figures It is the fault of the company grant and after making due allow-
and not of the public. An early once for sales apply a valuation of Ei
compliance with the terms of the j i &o per acre, and apply the prevail-
giant would have avoided the Incur- ing tax rate during past years it will T
ring of this great expense. It was one be found that the amount of taxes jX
of the risks the railroad assumed the company would have paid far ex- r
when It adopted a policy, the aim
which was to eventually repudiate a Jy paid. !
solemn obligation it owed to the peo- Any so called "moral equity" of EX
pie. j the company growing out of taxes X
Taxes. 'paid Is, therefore, without merit. It
The company is reported as having asked for the grant and took It with! Si
raid in taxes for the years 1872 to the strings attached. Had it com-lrf
1912 Inclusive. 12.760,000.
piled with the terms of the act tho ;?
There are standing unpaid for the lands would have long since passed, i
years 1913-14-15 about 11,338,000.
The Portland Oregonlan In an ar
tide upon the land grant published a taxation.
few days after the supreme court had
rendered Its decision, had this to say
upon the question of unpaid taxes:
to other hands and it would long ago f
Transportation of Troops.
Another "moral equity" mentioned
it
by the company and which Is without Z
"Under the terms of the court's de- merit is its claim for the transporta- rf
clslon on Monday It Is apparent that tlon of troops for the United States. E
the maximum equity that the rail- That was one of the obligations Im- i
road can claim In the property is posed upon the company by the terms T
14 CA nttw TIT T CAntnn Inal 1. - . . . thla T
a--trv I't rn-if. w . -' v.,.ui., iv uj ma gidlll.- in iviiaiuciuuuii VI
attorney for the Southern Pacific magnificent grant, which has a value r
rnmnnnv hfla Ventured the ODlnlon flmirlna. lhB laiwla at 17 Rft rtar anrpli T
that the company will not be willing of 18,000,000, together with hundreds r
to pay taxes on a greater valuation 0f miles of free right of way, the SJJ
than $2.60 an acre, and that probably company agreed to transport the , '
no payments will be made on more troops of this government free otS
than this valuation for the Interim charge. It has never been, nor lSE3!
uunng wnicn no pauiciiu, uoy-j h going to oe, deprived or any oi me
marie" Bui it nnn flrtn f vntna art It atlll .Z
Diutctl iioji I1VIU lliai Liifj uainucvi i
of the federal constitution as to prop- In view of the holding of the court remains bound to render this service X
erty may not be read with "delusive' and this statement by Mr t enton. to the government. If the company. S9i999 999 MMI
exactness." Laws that do substantial
O L L W f)r
wA w wA wA wA ,
DURING THE ROUND-UP AND AFTER THE R0UND4JP WHENEVER
YOU'RE IN PENDLETON VISIT
!
'
-
I The Te
600 SEATING CAPACITY.
"THE BIGGEST LITTLE SHOW-HOUSE IN THE NORTHWEST.
GOOD MUSIC
A Comfortable Steam-Heated House,
up-to-date in every particular. Cour
teous Treatment; Everything That
Goes to Make a Real Show.
VAUDEVILLE
That's "right" the clean, wholesome
kind.
"MOVIES"
Just the kind of Pictures that are
"Likeable."
"YOU'LL LIK THE TEMPLE"
I
Justice are to be upheld and "If a
particular case of hardship arises un
der any such law In Its natural and
ordinary application that hardship
must be borne as one of the Imper
fections of human things."
It should be remembered that title
to the lands passed to the railroad
only as a means whereby It was to
be subsidized to the extent of $2.60
per acre and as to that amount it
must be protected. Substantial Jus
tlce will thus be done and no consti
tutional right of the railroad company
will be Infringed upon.
Equally fallacious Is the argument
that the Interest which the railroad
federal government, for. If taken over has In seeing the lands disposed of
by either, public opinion will force to "actual settlers," to the end that
the opening to settlement, at an early) traffic may be created, Justifies Its
(7-
The Pastime Theatre
rn 11 1 ' . i ' w
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' ". . '
4'"" ItftMirtlilJ '.':';'- f
liCT hi m I
"Up in the Air'
After the performance
at Round-up park if you
are "Up in the Air" where
to take your sweetheart,
mother or sister for good,
clean entertainment remember
The Pastime Theatre
THE PICK OF THE BEST MOTION PICTURES.
Good Music and Courteous Treatment.
. We are in Business to Please You.
erwise would have been collected.
If the said sum. which Is estimat
ed at $1,126,000, is deducted from the
amount now standing unpaid It will
fully presented and given due consld
eratlon before any definite policy is
( Continued on Page 15.
PENDLETON HAS FINE
PHOTO-PLAY THEATERS
All Modern in Equipment and Popular With the
Theater Going Public. Programs are High Class
jthe company will undoubtedly insist wlBhes to be relieved of this oblira- IIII H II II 1 1 1 1 1 li 1 1 i 1 1 1 1 1 1 1 III 1 1 1 1 1 II I II 1 1 1 1 1 II II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II 1 1 II 1 1 II II 1 1 II 1 1 II II 1 1 II 1 1 II 1 1 II I II 1 1 1 1 1 1 1 1 1 III II 1 1 II I If 11 tl tl 1 1 II 1 till I II It IIII I till lH
that $2.60 la the maximum value tlon. and reimbursed for such ser- -
which can be applied to the lands for vices rendered In the past, it should
the purpose of taxation. Further- flr,t return to the government not;
more, the company would be expect- oniy the unsold grant lands It now;
ed to Insist that Inasmuch as most of holds but pay over to it the net re
the land grant counties are only as- celpts from all past sales,
sensing lands at about 60 per cent of in the adjustment of this land grant
their full value they would be entitled question I hope to see the railroad
to a further deduction which would company fairly and liberally dealt!
reduce the assessed valuation of the with and nothing I have said has'
lands to about 11.69 per acre. been offered for the purpose of de-i
If these reductions are insisted on fPating any Just claim It may put
and secured by the railroad company forth, but Its Interests are always so
it will mean that the land grant .cll protected and its claims so ably
counties will be deprived of over a presented, that It is well that the
million dollars of revenue which otn- "moral equities" of the public bo
Boost and Help Develop
Home Enterprise
THE ALTA THEATER
fastidious. The ventilating system is
of the best. A suction fan 20 inches ,
The reader, knowing the quality of diameter completely changes the,
the programs we have offered In the air pvery 10 minutes. The pictures
past needs but a reminder of the ex- ar Projected from two Edison ma-j
client program we are offering this chines of lite model, insuring ahso-j
week which will be but a part of the '"""'V " flicker, eye strain ..r Inns i
Rood things which we will offer In w between pictures. The Edison ;
ihr. f.ittir 1 mn chines are recognized the world.
over us the t'est moving picture ma
chines made. The curtain is of a se
cret manufacture and the only one In
1'endleton.
K.ich week we run a feature plc-
and come highly recommended. l,,re. Jnere ieuiures nave ail made
t.,,., , r.i . r.,,r.rl.,f i J Kood in the larKc-r cities and patrons
Thursday, Friday and Saturday of
the Round-up we will present Hell's
Famous Haualians, high class slng-
ers and musicians. This company.
; has Just finished the Pantages circuit
to
lillllllillllllllllllllllllllllllllllllllllllllllllllllllllllilfllllllllllllllllHIlllll
rHEN you want the highest quality the same uniform quality, al
ways and want your dollars to remain at home where they will
eventually come back to you.
always ask your grocer for BUTTER with this label
lot the rHstinie are sure of seeing a
real feature. Visitors to the Knund-
I be the finest of all film productions,
r. Dtiu?n nTnliialvnl v at thla theater
four davs of each 'week, in which; of Kood entertainment
are to be seen such stars as Mary I at t,,ls th,'"er.
Plckford, Markuerlte Clark, Blanche j
Sweet. Geraldlne Farrar. Hazel Dawn.i JHE TEMPLE THEATER
Elsie Janls, Pauline Frederick andi
many others Metro Tictures. which
have come to the front In a very
short time, are shown here two days
ench week. Francis X. Mushman
Marguerite Snow, Mme, Petrova an.l
other prominent photo players ap
pear on these programs.
This theater contains all the requi
sites for genuine comfort, such aa
roomy seats, wide aisles and proper
ventilation.
Our mlrrorold screen, the only one
In the city, and our Simplex Projec
tor, make our projection second to
none.
THE PASTIME THEATER
The Tastlme theater Is the pioneer
moving picture house In the city, hsv
Ing embarked In business March 22,
1906. Its policy has been and al
ways will be to show the best pic
tures made by the licensed compan
ies. The patronage of women and
children Is solicited. No picture will
be shown that H1 offend the most
(Formerly the Cosy..
The new owners of the Temple
Theater, formerly known as the Cos'-,1
Downey & Rhodes, have remodeled
and enlarged their play house, putting
$6000 Into Improvement that will
make this theater when completed
one of the largest and best In Pendle-j
ton. It will have a seating capacity (
of (00 and be furnished throughout
In an up to date manner. j
The new management announces
they will show the best of vaudeville
and motion picture. Their movies!
will consist of the famoua Mutual;
masterpieces, Keystone comedies and !
the new Pathe rooster pictures. Ma-1
bel Nonnand, Fatty Arbuckle, Mack'
Sennett, Wm. Hart. Rea Mitchell.
Max Flgman and other popular stars
will be seen in Pendleton at thla the
ater only.
October 1st Downey A Rhodes w'll
put In a new modern theater front
cost'ng over $1200. When In Pendle
ton be sure and see the Tempi the
ater show.
m w m aT m w m m m. jt- wyfjF iiwi
fit
It is made as good as the best buttermakers can make.
It is made from rich pasturized cream, always kept up to the same high
standard test and watched carefully through its entire process of making.
SOLD EVERYWHERE BE SURE IT HAS THE ABOVE LABEL
FARMERS No matter where you live, bring or ship us your
cream. We pay the market price in cash and guarantee you
correct test and weight.
in
Pendleton Creamery
RASSMUSSEN A HANCfn pm.
Office 414 Main Street y
Telephone 444