i
V
VOL. 87
(TEE HOME PAPER)
DALLAS, POLK COUNTY. OREGON. TUESDAY, SEPTEMBER 21, 1915.
(TWIOE-A-WEEK)
NO. 68
fit
SEEKS SALE OF LANDS
GRANT .: CONFERENCE V PASSES
TWO SETS OF RESOLUTIONS
Ides of Members of Polk -County Del
. egatioa Expressed in Document
Presented to Meeting.
After adopting resolutions calling
upon congress tq enforce the terms of
the original grant that is, to eniorce
the sale of land to actual settlers at
$2.50 an acre, regardless of its real
value the Oregon land-grant confer
ence closed its sessions at Salem late
Friday by adopting another resolu
tion providing tor a committee con
sisting of the governor, secretary of
state, state treasurer, the chairman
of the conference and three members
to be appointed by the chair, to con
fer with officials of the Southern Pa
cific in an effort to secure their co
operation in the opening and early
settlement of the property.
The two resolutions were supported
respectively by conflicting elements in
the conference, but both were carried
by decisive majorities, as neither one
seems to conflict with the other. The
resolution calling upon congress for
action regarding the enforcement of
the original terms also carries with
it a forceful expression of opposition
to further increases in the forest re
serves of the state. This measure was
adopted by the conference precisely
as it came from the resolutions com
mittee. It was supported by an ac
tive majority of the committee and by
those delegates who have been frank
and free in voicing their disapproval
of the railroad.
Resolutions Adopted.
Following are the resolutions adopt
ed: Whereas, the people of the state of
Oregon by their representatives duly
assembled at Salem, Oregon, Septem
ber 16 and 17, 1915, have 'ieen
brought together by a common inspir
ation to consider the material wel
fare of Oregon . made imperative by
the rendition of the opinion of the
supreme court of the United States
in the case of the Oregon-California
railroad company et al vs. the United
. States, popularly knows-as the land
grant case, and
Whereas, in said case the supreme
court has construed the acts or con
gress of the United States, approved
July 25, 1806, as amended by the act
approved June 25, 1868, and April 10,
1869,. and the act of May 4, 187U, to
be not only laws but enforceable and
continuing covenants, and
Whereas, said acts contain condi
tions lor the sale of the lands granted
thereunder, requiring the said lands
to be sold to actual settlers in quan
tities not greater than 160 acres and
for sums not exceeding $2.50 per
acre, and
Whereas, the said conditions plain
ly imply an obligation upon the gran
tees in said grant to sell said lands
to actual' settlers1 who comply with
the conditions of said irrant, and
bring themselves within the condi
tions of said grant as actual settlers,
and
Whereas, it is apparent that the
grantees in said grant by the accept
ance of said grant plainly agreed to
convey the said lands according to
the terms of said grant to such set
tlers upon the payment of the amount
specified in said grant, and to make
such conveyance upon the full per
formance of the terms of said grant
by said actual Bettlers, and
Whereas, the supreme court in itl
opinion of June 15, 1915, held that
congress should have a reasonable op
portunity to provide by legislation for
the disposition of said lands in ac
cordance with such policy as it might
deem fitting under the circumstances
and at the same time to secure the
defendants, at all times keeping in
view the policy which will insure ac
tual settlement of the lands rather
than speculation, and
Whereas, the United States govern
ment has heretofore created national
forests within the state of Oregon,
occupying approximately one-third of
the area of the state of Oregon, and
thereby militating greatly against the
growth and development of the state
of Oregon ; therefore, be it
Resolved, that it is the sense of this
conference that the congress of the
United States should enact laws de
fining and settling who shall be con
sidered an actual settlement, and re
quiring the grantees under said act
to perform the terms and conditions
of said act, and sell and dispose of
said lands according to the true in
tent and purpose of said acts to such
actual settlers, and, be it further
Resolved, that we are unalterably
opposed to any further increase of ; from the charges preferred against it
forest reserves in the state of Oregon ; ; in the petitions, were not made pub
and lastly, be it - . lie. If in its investigations it found
Resolved, that we nrge upon eon- cause to indict any one in connection
gress the enactment of legislation j with the movement, that action was
which shall provide for the immediate ; not taken, it preferring to leave this
sale of said grant lands in areas of part with the incoming grand jury,
not greater than 160 acres to any one which convenes early next month,
person and to actual settlers at a! There is a strong probability, how
price not in excess of $2.50 per acre. ' ever, that the whole matter has been
and Jo provide against all fraud in, dropped, which status of affair
the settlement and disposition of said should be perfectly satisfactory to
lands. ' jail concerned under the eireumstane-
Tbe following resolution was intro-ies.
duced by members of the Polk county
delegation at the Land Grant confer
ence at Salem last week, it being one
of the nineteen introduced by the
several delegations, to propose a plan
for the disposition of the Oregon and
California land grant lands remaining
unsold.
Be it ' resolved by the delegates to
the Oregon Land Grant conference in
session assembled.
Section 1. That "it be the expres
sion of sentiment of this body that
these lands be left in the hands of
the railroad company under the origi
nal grant and that neither the govern
ment nor the state assume to dispose
of them in any manner whatsoever,
except as hereinafter specified.
Section 2. That a recommendation
be made to congress that a law be
passed providing for a board to be
composed of representatives of the
government of the state and of the
railroad company interested to clas
sify the lands remaining unsold in
original grant and based upon such
classification to fix a rate for the sale
of such lands and compelling the
railroad company to sell same in
amounts not to exceed 160 acres to
any one person at the price fixed by
(continued on last page.)
QUITS PUBLIC SCHOOLS
INSTRUCTOR HART ACCEPTS P0
SITION AT STATE CAPITAL.
Board Now Casting About With View
to Selecting His Successor in
Manual Training.
Having been tendered a more re
munerative position in the public
schools of Salem, Prof. Otho Hart.
teacher in the manual training and
bookkeeping departments of the Dallas
high school, seeks release from his en
gagement here that he may go thither
as quickly as possible. The board or
education will part with his services
reluctantly. Mr. Hart is still tilling
the position and will continue to do
so until such time as his successor
may be employed; provided, however,
that the limit does not exceed the
date when he may be legally released
under the school laws.--
Mr. Hart came to Dallas last year
when manual training was first intro
duced into the public schools here,
and during his first term accomplished
much good work, evidenced by the
several displays made before the pub
lic eye. There were more than forty
boys taking the Work in this depart
ment, and a considerable amount of
enthusiasm was displayed by them.
The board considered manual training
experimental, but soon after its intro
duction concluded that it had become
one of the several departments where
things were being accomplished for
the education of boy pupils along
practical lines of manual training.
Who Mr. Hart's successor will be has
not been determined by the board,
which is easting about to fill the va
cancy. ,
Junior Comes Across.
Capital Journal: "County Clerk
Max Oehlhar today received a check
from Walter L. Tooze, Jr., of Dallas,
in settlement of the claim of the
county for filing fees in cases filed
and for which payment upon the
check originally given had been stop
ped. The check was accompanied by
a letter from Mr. Tooze in which the
difficulties were explained and the
wish was expressed that the past
amicable relations between the par
ties concerned might be resumed. ' '
CHARGES DELVED INTO
GRAND JURY INVESTIGATES
THE RECALL MOVEMENT.
County Judge and Commissioners Ex
onerated From Maladministra
tion of Polk's Affairs.
Prior to the adjournment of the
grand jury late last Friday, that in
quisitorial body gave the charges pre
ferred against Judge John ri. Teal
and Commissioners Wells and Beck
ett in the recall petition, which is
now only a matter of history, consid
eration, delving deeply enough into
the matter to feel satisfied that they
were groundless. The jurors submit
ted no report, the bour being late
When it concluded its labors, and
hence its findings in the recall fiesta,
further than to exonerate the court
LAW REPEALED IN 1 865
JUDGE HOLMES HOLDS' SUNDAY
CLOSING ACT INVALID.
Much' Ado "During' Fast Yean Be
cause of Belief That Such a Law
Was on Statutes.
Judge Webster Holmes, predecessor
to Judge Belt on the circuit bench for
this judicial district, holds that the
bunday closing law has been repealed
since January 20, 1865, and in mak
ing this statement quotes his authori
ty: "The Sunday closing law," he
says, "was handed down from terri
torial days, under the provision of
the state constitution, article 18, sec
tion 7, which provides all laws in
force in the territory of Oregon when
this constitution takes effect and con
sistent therewith, shall continue lu
force until altered or repealed.' The
Sunday closing law was included in
the code of criminal procedure pass
ed October 19, 1864. Two days later
the same session repealed it by pass
ing senate bill 71, entitled 'An act
to repeal all statutes of a general na
ture, with certain exceptions.
"Section 1 thereof provides as fnl
lows : ' That all statutes of a gener il
nature passed or in force before the
commencement of the session com
mencing September the eighth, A. D.,
1862, except those enumerated and
mentioned in the next section, be and
the same are hereby repealed.' Sec
tion 2, of said senate bill 71, does not
enumerate the Sunday closing law.
nor does it refer to it in any manner.
The Sunday closing law was therefore
and thereby 'hereby repealed.
"There has been much ado about
nothing for a good many years by the
mistaken belief that we had a 'bun-
day closing law' in Oregon."
The judge referred to a case in
Marion couuty, where the law was at
tacked. Judge Bennett signed tne
writ of review from the justice court
on July 25, 1904, and the case was
tried before Judge Galloway, who re
versed the case on the grounds set
out that there was no Sunday closing
law. ,
STRAY BULLET INJURES
MRS. WALTER FORD SHOT WHEN
RETURNING FROM OUTING.
Leaden Missile Passes Through Upper
Part of Right Arm at Ellendale
on Sunday Evening.
Mrs. Walter I. Ford, wife of Super
intendent Ford or the city schools,
had a narrow escape from' instant
death last Sunday evening while re
turning home with her husband from
an outing on Ellendale creek. When
near the rock crusher, driving slowly
in their automobile, an explosion was
heard and Mr. Ford thinking that his
machine had suffered a blow-out in
stantly slowed down, at the same time
being informed by bis life companion
that she had been injured in the right
(arm by a shot from ambush, the
bullet, which could not have been
from a greater distance than fifty
feet, according to Mr. Ford, passed
through the arm above the elbow, in
flicting a painful, though not danger
ous wound.
Fearing that the bullet might have
severed an artery, Mr. Ford did not
institute an investigation, but hurried
the wounded one to Dallas, where sur
gical aid was summoned and the arm
dressed. Although an attempt has
been made to apprehend the perpe
trator of the deed, which is classified
as carelessness, no clue has been ob
tained up to this time.
School House Dedicated.
The new school building but recent
ly completed at Parker was dedicated
on Saturday night with appropriate
exercises, including a literary pro
gram. Superintendent H. C. Seymour
was present, and made an address be
fore the large attendance. A supper
followed the program.
r - i
DALLAS HIGH SCHOOL BUILDING
Where an increased attendance of pupils resumed their studies yesterday,
after the summer vacation.
LAW
OTHERWISE DRIVERS OF; VE
HICLES TO BE PINCHED.
Mayor Kirkpatriek Issues Message to
1 Council on Enforcement Of Ordin
ance, and Orders to Officers.
It is the purpose of Mayor Kirkpat
rick to see that the traffic laws are
hereafter rigidly enforced, and to
that end he last night issued a mes
sage to the aldermanic body in which
be called attention to the daily vio
lations of the ordinance pertaining
thereto, and asking the co-operation
of the council in enforcing the pro
visions of the municipal law. Attach
ed to the message was a copy of a no
tice which the chief executive had is
sued to the police officers of the city.
This order demands that on and af
ter tomoiTow noon the traffic ordin
ances of Dallas will be strictly enforc
ed without further notice, and without
fear or favor. Warnings have been
given time and again, says the mayor
to his subordinates in his communica
tion to them, without the desired ef
fect, and as a result pedestrians de
mand that safety be thrown around
them and that the lives of children be
protected. "Arrest every offender,"
says the order, "and if there be ex
tenuating circumstances the police
judge can hear them.'! Following is
the message to the council, the order
to Policemen Chase and Shaw, and al
so that portion of the ordinance per
taining to the subject, which regulates
traffic in the streets of Dallas:
v Message to the Council.
Gentlemen of the council During
my tenure of office, it has been my
misfortune through illness to be com
paratively unable to give such atten
tion to city affairs as I should. You
have as councilmen, as has the citi
zenship' at large, shown me every
courtesy, and have refrained from
giving me any worry Or anxiety, for
which I am indeed grateful, and I
assure you of my appreciation.
I have regained my health, the peo
ple know it, and they now come to
(Continued on last page)
SCHOOL BEGINS AGAIN
LOCAL EDUCATIONAL INSTITU
TIONS OPEN AUSPICIOUSLY.
Enrollment Will Probably Be Larger
By Ten Per Cent Than
- Last Year.
Mother carried the old baseball mit
and bat , into' the attic this morning,
heaving, meanwhile, a huge sigh of
parental relief as the school bell toll
ed its first grave call after a summer
in which boyhood and girlhood did its
best to prepare itself for a winter of
confinement within study halls, with
books and teachers and desks barri
caded on every side. Mother had just
washed sonny boy and sent him off to
school with a nice new set of books
nd a promise that she would buy
him a whole sack of marbles with a
big agate and a new top if he would
be a good boy. There were so many
sonny boys and so many little girls in
the grade school that the stall of
teachers extended itself to get them
all registered, classified and seated
ready to get into the book-lore this
morning. In the grade school building
are 290 boys and girls, and through
out the week the registration will be
materially added to by those pupils
who are not yet home from vacations,
the hop fields and orchards. There
are a great number of such who come
in each year several days after the
work has started. The majority of
those who register on the first day
are the new students. Altogether in
the grades there are 450 pupils, those
not in the grade school building, or
160, are at the high school. In the
high school classes there are 130 stu
dents, an increase over the registra
tion at a corresponding time last
year. The total increase in school
population in the city will approxi-
t
OBEY THE
mate ten per cent by the time all
have reported. i : i
; The same enthusiasm that has char
acterized the beginning of other school
years was manifested yesterday morn
ing by the many pupils who awaited
admittance at nine o'clock. Little
folks, attending school for the first
time, stood bravely before the awe-
inspiring teacher, but less courage
ously before the other boys and girl
just as it has been since the first
school was established and hurried
home at lunch time to answer the
stereotyped question, "What did you
learn today t" and to tell mother and
father that the teacher was just the
finest kind. There was a brief pro
gram for the opening day ceremonies
in both schools and this did a great
deal to make all teel more at ease.
At the high school the morning was
passed in renewing old acquaintances
and the making of new friends among
students and teachers. . The short
program opened with the Dallas high
school song, the "Orange and Black,"
and Miss Hamilton of last year's
graduating class rendered a pleasing
selection, riot. Dunkleberger read
the customary scripture, and woe fol
lowed by Mies Irwin, whose solo was
(Continued on last page)
BENEFIT SUPPER SOON
DALLAS LADIES UNDERTAKE TO
CREATE LIBRARY FUND.
Big Feed Planned for Next Thursday
Evening at the Armory Chick
en Pie to Lead.
The public supper for the Dallas li
brary benefit is an assured success as
a result of the careful plans executed
by the committee of ladies -appointed
by the library board. The menu will
be featured by chicken pie, cook"i so
that it will be a physical impossibility
to keep from smacking your lips as
you surround a luscious big bite, and
the trimmings will add greatly to the
palatableness of the meal. Merchants
are contributing freely to the larder
that is being assembled at the armory
and it is certain that a large simply
will be on hand to assure the satis
faction of -all wh part-with Wieialf
dollar that it will cost to enjoy ;he
meal. A special rate of 25 cents has
been made for grammar school chil
dren. The venture advanced by the
library board in meritorious and de
serves the unstinted praise of the en
tire community. The library must re
ceive aid from such sources as this,
and on this occasion the effect will be
as good as the cause. - The tables will
be set at the armory on Thursday
evening at 5:30 o'clock. - , --- - -
OREGON GREAT ROAD BUILDER.
Mr. Himes Delegate to Congress
Where Great Men Attend.
California, Oregon and Washington
lead all states of the United States
in progressive road building. So de
clared James H. MacDonald, for four
teen years highway commissioner of
Connecticut Saturday, before the
Pan-American road congress, holding
its annual convention at the Oakland
civic auditorium. Edward J. Himes
is a delegate from Dallas and Polk
county to the Pan-American eongress.
Prominent road experts delivered
addresses dealing with vital subjects
of road construction and mainten
ance followed by discussions among
the delegates representing all sec
tions of the American continent. Sat
urday night at Hotel Oakland the
annual banquet of the congress was
held.
AUDITOR'S ACTS LEGAL
FILING OF BOND REMAINS
WHOLLY WITH COUNCIL.'
Controversy Between Mayor Kirkpat
rick and Auditor Gregory Comes
to Termination.
The validity of his official acts hav
ing been questioned because of his
failure to file a bond in the sum of
$1,000 Auditor and Police Judge
( has. Gregory last mgbt presented a
legal opinion to the council, in which
it was held that while he might be
considered in the light of a defacto
officer, although elected and qualified,
bis official acts were legal and bind
ing. The council has the power to
require a bond from its officers, states
the opinion, and if this were not
forthcoming eould declare the office
vacant and elect another, but even
so the acts of the defacto officer
would be in full force and effect.
Mr. Gregory stated that the mayor
had taken issue with him as regards
the validity of his acts as auditor, and
hence the opinion. He told the coun
cil that be stood ready to file a bond
upon iU request to do so; that be bad
not refused to comply with any order
of that body. The council, on motion
of Alderman Sweeney, moved that the
auditor furnish bond, which motion
carried. I
LIQUOR IS BOOTLEGGED
MAYOR THUS CONTENDS- BUT
SHERIFF MUST FIND GUILTY.
Alderman -'Young ' Denounces Mr,
Kirkpatrick's Method of Law
Enforcement.
- Mayor Kirkpatriek was unmerci
fully scored by Sheriff Orr and Alder
man Young at a session of the coun- '
cil last night because of the part the
chief executive is playing in connec
tion with bootlegging within the city,
he boldly asserting that there are six
bootlegging places, yet refusing to af
ford the officers of the law informa
tion that will lead to the arrest of
the violators. Last Sunday the Rev.
Bennett of the Methodist church stat
ed from the pulpit, on the authority
of the mayor, that these places ex
isted and preached a strong sermon
on law enforcement in which it was ,
intimated at least that authority in
the premises rested with the aider-
manic body and that it was shirking
its responsibility. Sheriff Orr had in
terviewed the mayor during the after
noon in search of information that
would lead to the arrest of the alleg
ed bootleggers, but Mr. Kirkpatriek
had stubbornly refused to give aid in
the matter, contending that it was up
to the sheriff to enforce the law in
this respect. Mr. Orr took the mat
ter to the council last night, but
found no relief, the mayor still hold
ing that the joints existed, but that
it was the sworn duty of the sheriff
to ferret them out for himself. Mr.
Kirkpatriek frankly admitted that he
had given the information to the min
ister, saying that he had a perfect
right to see any minister he wanted
to when seeking spiritual advise.
"It's very funny that you can find
bootleggers and I can't," said the
sheriff.
"If you associated with the fellows
that I do and loafed where I do you
might be able to find them," was the
chief 's reply. "I do not have to speak
the names of these offenders, it s
common talk." - '
Alderman Young of the police com
mittee told the mayor that it was a '
duty immmbent-tipoir-his eommittee"'"
to see that the laws were enforced,
and that if the officers were not doing
their duty it was an obligation the
mayor owed it to report such eases.
1 would have self-respect enough,
and manhood enough, to divulge the
names of men if I knew there was
bootlegging in Dallas. I hold that if
we expect to be honest and honorable
officials it is our duty to apprehend
violators of the liquor law. I only
wish that I. had the chance to snap .
them up. ' I have explicit confidence
in our sheriff," said the alderman,
' and also in our policemen, of whom
the business men speak in the highest
terms. A city official who knows of
bootlegging and won't report it is not
entitled to hold office." , - ,
Alderman Barber supported Mr.
Young in his remarks, and stated
that he would stay with the officers,
camplaint against whom had been reg
istered in a special message earlier in
the session, to the last. The mayor,
following Alderman Barker's remarks
inquired: "If you found a man boot
legging what would you do with
himt" supplementing his remarks
with the statement that there was no
way of convicting him.
Mayor Kirkpatnck told the council .
that Sheriff Orr had tamed down con
siderably since their conversation that
afternoon, when he had approached
him concerning information that lead
to the sermon by Rev. Bennett; that
if he bad been tamer at that time he
might have been given what he
sought. He said that when he met
the sheriff that afternoon the officer
had demanded the names in question,
together with the evidence to convict
them, whereupon he had blankly re
fused to comply. Mr. Kirkpatriek
told the eouncil that in bis inaugural
address he had pledged himself to
give aid to the authorities in sup
pressing bootlegging, and that after
January 1, when the state law became
effective, be would carry out mat
pledge to the letter.
f ollowing the adjournment or. tne
eouncil there was a heated informal
session, indulged in not only by city
officials, but members of the third
house as well. Marshal Chase and
the mayor exchanged warm words,
but both escaped from the battle field
without personal injury, "or even
anything that looked like it."
Crop Is Disappointing.
R. L. Chapman, who has one of the
best average-yield prune orchards in
Polk county, is disappointed over this
war's crop, his orchard producing
40.000 pounds against 85,000 pounds
l"t season. Mr. Chapman did not ex
pect more than 3.000 boxes, but even
these expectations were not realised,
18(10 boxes being the net result. The
weight per box is, however, better
than one year ago, averaging twenty
four pounds.
Electric Clocks.
Two hundred electric clocks, eon
trolled by a master clock, are used in
a Liverpool hotel.
v -