The Times-herald. (Burns, Harney County, Or.) 1896-1929, March 26, 1910, Image 1

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ifrnfrmTi 't "
Vlz dmca-JicrnlO
Tho Olflolnl l'nper ot llnrnoy County
hka'tho.InrKoat clreitlntion nml la unit oj
tho'liest ndvcrtlalnRintHltiimi) in Knslorn
Ore rod.
tDlt Oircpl 3-inriicy (Coiiniru
Couth mi nrt-ii of ((,'128,800 it(tt ol
Inndi 4,0,'JI,DM iicrcd yet vncmit mihiicl
lo entry ninlcr tlio imlillc lurid ln, ol
tho United Htiitcn.
.1 AJ
NO. 19
Secretary Bollinger Says Obligation
of Conservation With Us
(Secretary of Interior Speaks Before Minnesota
Convention and Says Government's rower
Resources is LimitedDeclares lie is for a
to Conserve
Wise Policy.
In an address before the Min- claims, at their market value,
nesota conservation convention, are withdrawn from entry, nwait-
Socretarv of the Interior Ballin- "iff classification, and all the un-
ger pave nis interpretation 01
the national obligations regard
ing the public domain and its
disposition. The speech accord
ing to reports from Washington
had the personal O. K. of Presi
dent Taft
The greater portion of the
burden of conserving the natural
resources ot tho country were
laid by Secretary Ballingor at
the doors of tho states.
"There has been and is," he
said, a grossly exaggerated no
tion among some people as to
what the general government
can do in conserving the natural
resources that lie in the deposits
of minerals and are contained in
the soils and streams. For the
most part they have passed into
private ownership and are under
jBthe municipal jurisdiction of tho
Any national conservation ,
Buolicy must be predicated on the I
entered or unlocatcd coal land in
Alaska are standing under ab
solute withdrawal act of 1906,
and not a patent has ever been
issued to an acre of coal land in
Alaska. In fact, nearly all tho
coal lands that have been pat
ented have been obtained not as
coal lands but under the guise of
some other form of entry, ns
agricultural, timber or stone, etc.
No man, or set of men, am com
ply with tho present laws and
finance a mine on tho public do
main of (510 acres of land except
under extremely favorable con
ditions. Tho absurdity of the
law has, ini tself, invited fraud
and indirect methods of evading
its provisions.
"It is impracticable to secure
oil or gas lands or phosphate
lands under the general mineral
laws, and in all these cases there
is no power of control or ability
in the department to prevent
policy affecting the public do-1 monopoly in the sale of tho tie
main, since for the most part the posits when the title is once se
states are soverign within their cured thereto. Awaiting rcmc
own spheres of jurisdiction, dial legislation from congress, all
Therefore, I believe a greater known areas of public lands con
obligation rests upon the state tabling these deposits arc under
than upon the national, govern-, temporary withdrawals from pn
ment to inaugurate laws to pre- Jvate entry, and it is hoped con
sent waste in the utilization of gress will furnish the interior
latural resources." 'department tho necessary ma-
Kef' rring to tiie duty of the chinery to safely and properly
hational government in this con- guard the public interests in
nection, he regarded it as essen- their ultimate disposition."
ml that the public domain he
studied and surveyed and an MEASURO IS NOT YET OUT OP WOODS.
"adequate scientific classification ,
of the remainder of the public .But for the fact that the bill
lands," be made. I nronosincr to raise S30.000.000 to
He scored the "idealistic con- aid in the completion of gov-
servationists" heavily for tick-, ernment irrigation projects has
ing the proposition "without a been made an administration
Ound knowledge of conditions.' i measure, it would stand little or
I grant you some people are no show of passing the house of
for the most part sincere, but' representatives this session.
their very sincerity gives them Even now it is in a more or less
such a vigor of imagination and i precarious situation, but the out-
prediction that it is oftentimes look for its final enactment has
hard to combat their vagaries . somewhat brightened in the last
except through practical demon- few days, and its friends once
Bnllinger - Pinchot committee,
should have expressed the view
that thero is no need for raising
this $30,000,000, for his opinion
oven though it bo based on per
sonal prejudice- against admini
stration measures, will give tho
opponents of tho bill apparently
good ground on which to baso
their protest against its passage,
especially since Mr. Garfield is
supposed to be conversant with
tho needs of the reclamation
But it is equally unfortunate
for tho bill that Representative
Mondell of Wyoming should have
occupied more than two full days
in ins argument ucloro the com
mittee. Mondell, while- in favor
of tho legislation, has an unfor
tunato habit of talking all around
the main features of a big ques
tion, and that is what he did in
this instance. Ho digressed,
discussed irrelevant phases of the
irrigation work dwelt upon tho
value of water rights (a subject
that was pure Greek lo tho mem
bers of the committee) all tho
while crowding out other west
ern members who wero waiting
to be heard, and at tho same
time tiring tho committee, which
has never been over-interested.
But latterly some of the other
western men favoring the bill
have been able to present short,
concise statements to the com
mittecV bringing out tho fact
that this loan will be good busi
ness for the government, helpful
to tho settlers, nnd advisable
from an administrative stand
point, and these arguments, it is
felt, will tend to offset tho dam
age done by Garfield and
A l?m?rWQ l?fkV?M.QV Oir.yr'V wore found necessary, but. under
tho law at that time, could bo but
imperfectly utilized. The nee-'
I. .!!.. -t t. ,. ..
uaauy ot consolidating mo var-
Broad Application o Supreme
Decision in Grazing Case
Court Held Hint Congress Could not Delegate to Secretary of
Agriculture Authority to Make. Regulations Which Would
Decision Knocks Things Some.
. '4 ,
Have the Force of Law
Thc sheepmen of tho west are
particularly interested in u rec
ent supremo court decision in
which it is decided that Congress
has not power to delegate to tho
secretary of agriculture author
ity to mnko regulations covering
the forest reserves that will have,
effect as law.
In other words the regulations
must bo recognized and regaidcd
have tho power to enforce its
Hitherto, these objects have
been accomplished through tho
enforcement of rules and regu
lations, which congress mndo en
forcible by making violation
thereof a crime punishnblo by
heavy fine and imprisonment, as
above set forth. But the su
premo court specifically states
was urged upon congress by tho
president and all the executive
officers concorned. Finally tho
act of February 1, 1905, transfer
red to the secretary of agricul
ture entire jurisdiction over tho
national forests, except in mat
ters of surveying and passage of
'PI.. ll.n n.wl HnrHllnli..!.!. nu
the uso of tho national forests
are in accordance with that act
and tho various supplementary
and amendatory laws passed
since Juno A, 1897. They are
based upon the general policy
laid down for the forest service
by the secretary of agriculture
Secretary Wilson said, Febru
ary 1, 1905: "In the administra
tion of tho forest reserves, it
must bo clearly borne in mind
that all land is to bo devoted to
its most productive use for the
permanent good of the whole
people, and not for the tempor
ary benefit ot individuals or companies."
But to insure tho accomplish
practically open tho forest re- ing the force of law. Therefore,
servos to unlimited numbers of accomplishments of tho objects
"Then, to give them theirdue,"
he added, "they have this virtue,
more feel that there is reasonable
chance of its enactment into law
before adjournment, says a
that they do not let us forget Washington dispatch.
that extremes often prove fruit
ful or sound reason to those who
may be over optimistic."
Of his own stand in the latter,
Secretary Ballinger said:
I am as ardent an advocate
of wise conservation as the most
radical, but it must be wise con
servation to appeal to me. It
must simply be as full and free a
development of our natural re-
u was uniortunnte, in a way,
that the speaker insisted that
the bill be referred lo tho ways
and means csmmittec, which
now has it in hand, but he
regarded it as a measuro to
raise revenue and hence insisted
upon having it sent to that com
mittee. Tho public lands com
mittee and committee on irriga
tion wero both anxious to get the
sources as is consistent with our. bill, but the say of the speaker
civilization and needs. It may1 was final, hence the reference to
mean the reservation from uso I ways and means.
for limited periods of certain of' Thero arc only two or three
our deposits of coal, of mineral
oils and gas, of phosphate or of
members of the ways and means
committee who understand irri-
timber to protest against the in-; gation work, or who know that
ordinate greed of men who wish the government has been
to exploit the present with no (towards reclaiming tho
regard for the future or tho gen
eral welfare, and when it be
comes necessary it is a national
duty lo make such reservations
out of public domain.
"But we must not forgot that
wo are not through with the
policy of development, of build- 'bb an appropriation, rather than
ing up new communities nnd I the authorization of a loan whicli
settlements, even in far oil . it is. It lias been dllhcult to im-
lands of the west. In their ig
norance, the majority of the
members of the committee have
been disposed to question the
necessity for raising $30,000,000
additional at this time, and have
been inclined to regard tho bill
We have not realized that per
iod where we can say tho re
mainder of our public lands shall
be auctioned oil' to tho highest
bidder lo increase the revenues
of the national treasury.
Congress is now struggling
with tho problems relating lo
water power and other measures
designed to retain in tho govern
ment tho power fo control and
Discussing Alaskan matters,
ho centinued:
Those Alaskan coal lands and is.
press upon them tho fact that
tho federal treasury will not bo
taxed to reimburse this $30,000,
000 but that the money will bo
repaid out of tho reclamation
fund. - Moreover, those who
know nothing of tho working of
tho reclamation act, fear that
congress, in time, will bo asked
to appropriate annually for tho
building of irrigation projects.
With this prejudice existing in
tho minds of mombcrs of tho
committeo it was unfortunate
that former Secretary Garfield,
in Jiia testimony before tho
When Colonel Wood, J. W.
McCulloch and William Hanley
got together one naturally thinks
of new railroads as the records
show they havo been buying uy
lands that are of value solely for
right of way purposes.
But these men are always non
communicative when approached
for railroad news and ono has to
look elsewhere to get material
for a story.
This week J. R. Blackaby ex
hibited a letter from Colonel
Hofcr, of the Oregon Develop
ment League that had tho ear
marks of sincerity and tho news
is good enough to publish.
Mr. Hofer staled that William
II. Watts, who is tho general
manager of tho Utah Construe- i
tion Company and at present
engaged in building tho nation
cutoff stated that his company
hnd a contract for building the
Oregon Short Line extension
from Vale to Klamath Falls.
While somewhat similar state
ments have been issued before
this is tho first time the state
ment has come direct from the
general manager of the Con
struction Company. Argus.
Tho visit of Win. Hanley, the
Burns capitalist, Col. C. E. S.
Woods, Wm. Matthews, John
Whistler, of Portland, and Wm.
Jones, the Junlura capitalist, to
Vale, Wednesday and Thursday
of this week created no little stir.
A largo number of Vale peoplo
crowded about them during their
stay, but not ono of them can
say that ho knows just what
these "right-of-way getters"
were doing. Hnnloy ensily led
them astray, by telling that Col,
Woods would tell about their
Mr. and Mrs. Hanley loft for
Burns Thursday, taking Engineer
Whistler with them for a hard
earned vacation they said, whilo
Col. Woods and Capitalist Matth
ews went to untario. It was
learned that Col. Woods will
spend most of his time between
Vale and Ontario and Matthews
is along to help him financially.
Col. Woods is said to havo told
Engineer Ashton that ho would
give him right-of-way from Vale
to tho mouth of tho canyon as
soon as thero wero assurances of
construction work. Vale Enter
Cottrill & Clomcns have put in
a first class saw mill 14 miles
west of Cold Springs is near tho
valloy with good road. In first
class timber picked trees from
tho government. Prepared to do
custom Work. Seo thorn about
your government permit at once.
sneep, it is said, since the gov
ernment will have no means of
enforcing its regulations.
This news was contained in a
Washington dispatch which says:
A. F. Potter, chief of grazing
laud in tho forest service, inter
prets yesterday's decision of tho
supremo court in tho California
grazing case to mean that the
secretary of agriculturo cannot
institute criminal prosecutions
against persons who violato de
partmental regulations govern
ing grazing on forest reserves.
The court, by an oven vote, af
firmed tho decision
Wellborn of southern
of tho actof Juliet, 1897, through
rules and regulations is absolute
ly negatived.
For instance in tho California
case, it was decided that viola
tion of the regulation requiring a
sheepman to have a permit to
grazo sheep before ho could
graze them on a national forest
reserve is not a violation of law.
Following this lino of rcoson
ing to its ultimate conclusion, in
actual practice, it can easily bo
seen that under that decisihn tho
forest reserves nro thrown wide
ODon to sheen, nnd n shoonmnn
of Judgo;,miy grazo his (locks without a
California, 'permit from the forest service
titnn iwii inni trwt sto nstitifi twit .
i,u h.u . wuMWiw v.uu. uMvll, inipunnj becauso ho can
delegate to the secretary of agri- ,lot j,0 prosecuted under a crimi
culture authority to make regit ntl ohargo.
lations which would havo tho! It has been suggested thnt tho
force of law, and hence held that foroat BCrvice may. as a final
persons violating such regulations recourse, attempt to enforce
were not subject lo criminal lira- tll0S0 ruic.s ml regulations by
soeution. suing in the courts to recover
Mr. Potter states that tho do-' ,i,imnff08 sustained, ns is tho
cision afreets only this legnl ca80 timber trespassing. But
phase of the question and does this line of procedure would bo
not bring into question the do- 0f little effect in preventing gen
partmont's right to regulate the oral grazing of sheep on tho for-
KI06IMU mi iunuiti-n, nut uuvn n, est reserves, a criminal prose
in his judgement, curtail the cutjon js deterrent factor in
right to impose a fee for grazing the enforcement of law, whereas
on tho reserves. Both prsctices, n civjl suit, especially on tho part
nesays, win oe continued, unless, of the government as tho dam
ns regulations to bo enforced, that congress had not tho power
but infringement cannot be pro-' to delegate tho authority to tho
scented in a criminal action. secretary of agriculture to mnko
The effect of this will bo to such rules nnd regulations hav-"l .?..".. ' !. V i .
inir tho fore, of Inw. Tbnrofnro. '" l U,U UUJUCM 0l U, IOrCSl
service, it was necessary that its
mandates bo backed by tho gov
ernment, nnd so the congress of
the United Slates gave tho secre-
tho power to delegato to the chief
forester, and through him, to his
aids, the authority to make nec
essary rules nnd regulations for
tho uso of the forests. Congress
itself regarded its act as confer
ring the force of law on those
rules and regulations because it
specifically provides that violation
of them shall bo punishable by
heavy fine, or by imprisonment,
or. by both.
'Tho decision of tho supreme
court seems to set all this work
at untight. It tears the fabric of
established custom in tho carry
ing out of tho objects of that act
to pieces. It abrogates the rules
and regulations, becauso it emas
culates the act in deciding that
violation of tho rules and regula
tions is not punishable by crimi
nal prosecution.
The court did not only pass
upon the mnttcrof sheep grazing
permits. Indirectly it passed
upon the power of. congress to
delegate its powers. It is a con
stitutional question of vital sig
nificance, nnd so tho supremo
court must have regarded it.
In settling this issue, tho court
will certainly not make fish of
ono department of nationnl gov
ernment, and fowl of another.
In effect, that decision means
that congress has not the power,
under tho constitution of tho
United States, to delegate author
ity to tho secretary of any de
partment to mnko rules and re
gulations having the forco of
Do you realize how much it mean?
to you to get Quality in what you
. ,0"8bra"c,;Mofovernmcntfor; buy? There is a wide diversity in
GOWrt est work became apparent and I J . , . V
gooas; we carry that class ol mer
chandise found only in other good
An examination of the goods in
our Dress Goods department will
convince you, of our claim of Qual
ity. You wilf find a much differ
ent line olocds -you will notice
the Quality in looks at a glance.
iviost 01 our gooas are Dougnt in
dress patterns, a very important
matter to you in selecting a nice
Brown's Satisfactory Ston
tifr, has been found in practice
to bo of little benefit.
It appears that in order to
give the forest service power to
enforce Iho objects of tho protec
tion of the forests, it will bo
necessary for congress to enact
tho rules and regulations as
But this would bo cumbersome
and inconvenient for tho depart
ments of government. It is at
upon lurthcr analysis ot the
Court's ruling, they nro found to
bo unlawful.
Tho recent decision by the
United States supreme court in
tho California sheep grazing
case, apparently has a broader
application than cursory inspec
tion at .first revealed. The de
cision, indeed, might be taken as
a revolutionary interpretation of
tho basic principles of law gov- this day difficult lo draw tho lino
erning tho administration of of demarcation between tho tor
government in tho United States, ritory of jurisdiction controlled
nnd perhaps it will devolop that by each department or bureau,
this decision afreets every dc-' Tho rules and regulations havo
pnrtment of tho government, as proved satisfactory in a measuro
well as tho forest service, says becauso thoy could bo changed
an exchange. , at any timo by tho sccrotary,
Evidently t'.o supremo court, when tho varying exigencies np
licing ovenly divided, considered pearod to demand changes, or
it a question of great signili- whop now conditions arose that
cance. The court in effect do-' tho old rules and regulations did
cided that congress did not havo not cover,
power-to delegato authority lol If congress should havo to pass
tho secretary of agriculturo to laws for tho forest service, it
Burns, Oregon.
iS $ &fp
J nit m v v -a r w r-
m. l,. ubwifc
... Represents the....
Home Insurance Co., of New York,
Liverpool, London & Globe,
!:iro Assurance Co.., Philadelphia.
Ol'PICIi Wtrtl UUIOS & UHlOS. Bums, Oregon.
Corner, uulli .if LunaburK & Unlton's.
m WVfoV$&&&r &tS9&TO !
I many rules and regulations of fcw dayii B00U become fully con
make rules and regulations hav-. would havo to do tho samo for
ing tho forco of law.
Willi) nnnnu n nrwln flrll tC iliu' tlin fiYinntnt lnrwl rtfltnn
cussion from a legal standpoint, ' By the passage of tho act of
and probably tho lawyors will ! Juno 4. 1807. under which, with
A fniling tiny nervo no lnrger
than tho finest silken thrend
takes from tho heart its impulse,
its power, its regularity. Tho
Stomach also has its hidden, or
inside nervo. It was Dr. Shoop
who first told us it was wrong to
drug a weak or failing Stomach,
Heart or Kidneys. His prescrip
tion Dr. Shoop's Itcstorativo
is directed straight for tho cause
of theso ailments these weak
and faltering insido nerves.
This, no doubt cloarly explains
why tho Restorative has of lato
grown so rapidly in popularity,
Druggists say that thoso who
1 test tho Kestorativo even tor n
split many fino hairs in inter
preting tho ultimate effects of
that decision,
Congress, by tho act of Juno 4,
1897, snid explicitly that "Iho
secretary may make such
and regulations," and that
violation of such rules nnd reg
ulations shall bo punished by
$r00 fino or 12 months imprison
ment or both."
soveral subsequent amendments,
nationnl forests nro now adminis
tered, this law gavo tho secretary
of tho interior authority over tho
forests and provided thnt their
rules surveying, mapping nnd general
any classification should bo dono bv
tho United Stntes geological sur
voy, and tho execution of admin
istrative work by tho genornl nuro
land office. This was dono on 'malt,
vinced of its wonderful merit.
Anyway, don't drug tho organ.
Treating the causo of sickness is
tho only sensible nnd successful
way. Sold by lieed Bros.
E. B. Hill is back from a trip
to Canyon City nnd has gono to
his land holdings in tho Trout
Creok valloy.
In Dr. Shoop's Health Coffee,
healthful toasted grains,
nuts. etc. are so cleverly
TllO Sliprcmo court ill O fleet tho thonrv Mint, mnnno-nmont. nf i hlnndnri nn tn irivn n wntulnrfnllv
... . . -. -""- nv...w..- w. u.w....V. ..w a.,.. .,-.
says in its decision that congress land, not of forests was chiefly truo coffeo tasto, color, and flavor.
nan not that powor. involved,
But it is ovident that if IhoLlluttho technical and complex
purposes of tho act, "as will in-f problems arising from tho nec
suro tho objects of said rescr-1 cssary uso of forest and range
vnlions, namely, to rcgulato their soon demanded tho introduction
occupancy and uso nnd to pre- of scientific methods and a tech
sorvo tho i'orosts thoreon from nlcnlly trained force, which could
destruction," nro to bo nccom- not bo provided under tho oxist-
nliulinfl tn npflinl m.fWl!rn If ifl InfrsUlllnm Tim n.1tnin nnl Mim.
, ... v..... miivhvv! .v ... ...D "JU.VHI, iMU UUIIV.U UIIU PU1",
necessary for tho dojmrtmont to vices of tho bureau of forestry in it. Sold by Reed Bros,
And besides, Health Colleo goes
a third farthor than any othor
kind. You actually got 100 full
cups from a 25c, l pound pack
ago. And Health Coffee is
"madoinaminute." No 20 to
SO minutes tedious boiling is at
all necessary, And besides
thoro is not a grain of real coffeo
List Your Property With The
Inland Empire Realty Company
A speciality of Government land locations
W. T. LESTER, Alannger, Burns, Ore-.
Nothing in the way of n Cough
is quite so annoying ns a tickling
teasing, wheezing, bronchial
Cough. The quickest relief comes
perhaps a prescription known to
Druggists everywhere as Dr.
Shoop's Cough Remedy. And
besides, it is so thoroughly harm
less that mothers give it with
perfect safety even to the young
est babes. Tho tender leaves of
a simplo mountain shrub, give to
Dr. Shoop's Cough Remedy its
remnrkablo curative effect. A
fow days test will tell. Sold by
Reed Bros.
Better get a pair of thorough
bred pigs. Pork is worth raising
now. Dr. Hibbard has some
pure bred Berkshires for sale.
All parties owing Lewis & Gar
rett, or Simon Lewis are hereby
notified that all theso accounts
are in the hands of our attorney
C. II. Leonard for collection and
settlement. Persons indebted to
us will please settle the same
with Mr. Leonard at once.
Simon Lewis
J. T. Garrett.
Williams Bros, saw mill at
Cold Spring on tho Canyon road
is prepared to do custom work
for those desiring to take ad
vantage of their government per
mit. Also lumber for sale at $12
per thousand. Seo them about
custom prices.
1 The Harriman Mercantile Co.
Complete line of
Groceries.ancLDry Goods
Gents Furnishings
Wo guarantee quality and prices Let us prove to you that
wo'ltavo the goods at right pricesCall and see us
Harrim coo., Oreg-
??? Mlyi