or vuM
-
CcMtlmilarf The SjnrimtiUM JftW k4 Lmm Cnmty r, Wkkk Wert CtftMlMatMl Febrry M, 1914.
jtStiterol Kobriiarylff.ipai.ntflprlnitflflil, Oregmu
7 eUintier uiiilercctut CoiiurolMrch,li70.
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SPRINGFIELD, LANE COUNTY, OREQON, THURSDAY, APRIL 29, 1915.
VOL. XIV. NO. 25,
t AMP
COUNTIf MEWS
f
MB SUPREME
' COURT 10 USE
RULE OF REASON
Attorney. Argues for Decision
in Lund Grant CaseThat
, ' Will Put Settler
on Land
t
ARGUMENTS HUE CONCLUDED
Railroad and Mortgagor Con
tend Government had Offic
ial Knowledge of Prices
Land Brought.
A special to tho Orcgonlan
from Washington under date of
April 27, says:
Argument of tho Oregon &
California land grant caso boforo
tho Supreme Court was conclud
ed today. C. J. Smyth, special
counsel for tho Government, oc
cupied tho morning, following
generally tho lino of his brief.
lie denied tho contention of
tho railroad company that tho
Government had acquiesced in
tho sale of land contrary to tho
provisions of tho actual settlors
clause, and said that only Con
gress could take cognizanco of
tho violation of tho terms of tho
grant and that Congress was
not advised of these violations
when they were made.
Ho cited a letter written by
Secretary of tho Interior Delano,
In 1852, in which ho interpreted
tho settlers clause to require the
railroad company to sell its
"granted lands to settlers In not
more than quarter section tracts
and for not more than $2.50 nn
acre.
Ho said that this interpreta
tion had never been reversed by
any succeeding Secretary, and
therefore is to be regarded as
tho Government's interpretation
of the Kraut.
Ho declared tho Union Trust
Company had no equities super
ior to those of the railroad com
pany, us It had knowledge of
tho granting acts when It gave
'mortgages on tho land and be
cause It has signed every deed
;glvcn ator mortgage, Ho fur
ther contended that the railroad
company, to dato, has received
from the lands sold ulmost as
much atr it was lawfully entitled
to recolvo from the entire grant,
Indisposed of as required by law.
Mr. Smyth maintained tiiut a
tlocreo. of forfeiture would not
flnjuro the Union Trust company,
!as Its mortguges cover rights' of
way, traclcago, rolling stock and
other property and that Its mort
gages aro amply secured to
-guard It against any loss.
4. Ho made no mention of a de
cree of specific performance, In
tho event tho court does not
alllrm a decreo of forfeiture.
Ex-Senator Spooner closed for
Union Trust Company. Ho laid
Jmuch stress on the contention
that tho unsold portion of tho
fgrant Is not suitable for habita
tion, being heavily timbered and
-rough, and said that such lands
ns woro adapted to agriculture
' had all been sold In strict con
formity with tho settlers clause.
Ho said tho lands which had
been sold In larger tracts than
1G0 acres and for more than
$2,50 an aero woro valuable tlm-v
H)er landB, not suited to settle
ment. The present clamor for the
lands, said Mr. Spooner, came
from si)oculntors who desired
Itltlo, not for homes, but in order
o sell out at a proilt to big lum
ber companies that want tho
timber.
. Mr. Spoonor also Bald that tho
Government has all along ac
quiesced In sales by the railroad
company at prices greater than
$2.50 an aero. Prom 1870 to
1893 , tho Oregon & California
Itailroad made semi-annual re
ports to the Railroad Commls-j
siorior In tho Interior Depart-' (
ment,lho said, each report show
ing It had sold lands for more
than $2,50 and giving tho max
imum prices asked and received
! during each six months' period.
iThoBo roportn woro Buhmlttcd to
tho Secretary , of the Interior and
by him to tho President, who
sent them to Congress, where
they were referred to the House
utid Senate committees on public
lauds. Thus, ho said, tho exec
utive and legislative brunches of
the Government had full and re
pented official Information that
the railroad company was selling'
Its lands for mora than the price"
1 stipulated. In tho act of 1801), and
that no branch of tho Govern
imont had questioned thoBO sales
'unfll Mm nrnantif unit wnn mifli.
....... WW I'. W...V f 1 ft . V w
orlzed and instituted.
Having for 21 years acquies
ced In these sules, Mr. Spooner
argued that tho Government was
;now CBtopped from attempting
to have tho grant forfeited for
breach of conditions.
On Monday P. F. Dunno brlef
jly closed tho railroad's dase, con
i tending tho Government was es
topped from asking forfeiture
I of the grant at this late dato
after having for years raised no
protest when the railroad com
pany sold in tracts greater than
1G0 acres and for prices exceed
ing $2.50 an acre.
John Mills Day, of Seattle, at
torney for tho Interveners, asked
tho Supremo Court to aprfy tho
rule of reason in tills case. II
m iiv w iviiiovii lit into vuovi 14
;n,n,i ,!, . f
. it i v. v vuuv uiu in tnt wjl
fVm.rrnaa In i.tnlrln.r Om a,nf
i was to securo settlcmnet and de
VUlltjiVHH IIWWII(3 WIU lUllb
velopment of tho lands granted,
and contended that declaration
of forfeiture would not carry out
tltat Intent or accomplish that
purpose. He asked tho court to
direct the railroad company to
sell Its remaining lands to set
tlers who come forward and
offer to pay $2:50 an acre for
160-acre tracts or lees. Under
such a decreo he aseerted the
railroad company would get
money which Congress intended
It to receiye from its, grant and
no more.
Ex-Representative Lafferty
rouowea witn an argument m
behalf of G4 cross complainants,
followed with an argument In
whom he described as actual
settlers, as distinguished from
"actual applicants" represented
by Mr. Day, who, said Mr. laffer
ty, had no standing In this suit,
never having resided on the land.
When asked by one judge
whether his own clients, at tho
time they settled on the lands,
secured permission from the
owners of tho land, Mr. Laffert'y
admitted they did not get per
mission but settled as do settlers
under the pre-emption laws.
Mr. Lafferty told tho court ho
had spent tho best part of his
life on this caso, which moved
Chief Justice White to remark,
"Wo hope tho best part of your
life Is before you."
The Federal Reserve Banking System
VERY EXISTENCE OF THE SYSTEM STANDS FOR STRENGTH AND STABILITY OF THE ENTIRE BANKING
SYSTEM, AND NATURALLY TO ALL THE COMMUNITIES AS WELL WILL AVERT PANICS.- : : :
(Piipor road ot tho Danquot of tho
Springfield Dovloptnont Loaguo, on
Tuosday, April-. 20, 1915. by D. S.
HEALS.)
The Federal Bank act which
passed congress December 23,
1913, is so new and has been
working so short a time, but five
monthB in all, that tho ordinary
banker protends to know but
llttlo of its effect on tho finances
of tho country. Neither has tho
system had sufficient time or
opportunity to determine as to
Its ultimate full success.
In tho first place it took the
cpmmitteo named by congress
to investigate and report on
such a system, four years to ar
rive at a tentative Solution. An
oxaustlvo study of tho banking
system bf'tho world was made
wnicii resulted m tno adoption
of the present system which
however has undergone bo many
changes that tho busy banker
has scarcoly been able to keep
pace.
It would seem that tho boiling
down of the present system as
Is being operated ha.B loft upper
most as Its function tho protec
tion of tho 7,500 National banks
of tho country by relieving de
pressions and' money 'stringen
WILL IXSPECT HIGH
City Superintendent It. L.
Kirk was advised today that
Stato School Superintendent..!.
A. Churchill and County School
Superintendent E J. Mooro will
bo in Springfield Monday fore
noon to inspect the local high
school to sco If it comes up to
tho requirements of a standard
high school of the state.
Mem
bers of the board aro urged to'pratus and number and care of
bo present to near what tna
COUNCIL CEASES
DIGGING DITCH
At n special meeting of the
council last evening the coun
cil heard a protest from prop
erty owners In tho Stewart ad
dition against the continuance
of the digging of a new ditch for
the small stream that runs on
tho north side of Main street
east of Tenth. After hearing the
protest and considering It for
a time, the council ordered the
work to stop.
When a full GG-foot street was
ii j mw it .
(dedicated from Tenth street
, . , i .
CUSlWafU lO U1B iSlBWartUUUIUOIl
and sidewalks were surveyed, it
was found that the ditch was In
tho sidewalk space. When it had
been rcdug out in the street, the
work was continued eastward
and had proceeded some 700 feet
past the point of the dedicated
GG-foot street when the protest
was nlcd.
The matter of cross walks at
no hub wuere cross streets win
m. l - a ' i - . tl
eventually come was discussed.
but tho council took no action.
50,000 Douglas Firs Arrive
Oakrldge, Ore.,1 Aprll23:AriIkr. AWen Hayes.
other shlmnenf of 50.000 younKHerM Alden Hayse
"tao m ucc uu uu c-(
celved by the forestry depart-1
Douglas fir trees had been re -
mcnt and the planting on Burnt
mountain will be continued for
somo time yet. When the pres
ent shipment is on the ground
tho total planting for this sea -
en.. wni i, 91R nnn trono Ti.o
The!
planting will be continued an-
other season, as only a portion
of the total area of tho inoun -
mill is uumg jjiumcu lino yvm.
INDUSTRIAL NOTES
Salem, April 2G. Supreme
Court knocks out freak law of
1913,, placing all commission
merchants under railroad com
mission. Klamath Falls Daily North
western, Progressive, suspends.
Will appear as weekly. .
cies and by a sort of a guarantee
not so much to overcome panics
as to prevent them. The matter
of the earnings of tho Federal
' i ,i i .i .1 1 . .
aysiciu ia, ucumvuiy uuuuuury.
The apparent motto being,
"Safety first."
In order for the Federal bank
to even attempt tho assumption
of such a responsibility it is ab
solutely necessary that it be
kept in a high state of liquida
tion. That is to at all times
maintain an enormous gold re
sorve and confine tho re-discount
privllego to short time
paper. The law requires all Fed
eral banks to maintain at all
times a gold reserve of 35 per
cent of Its deposits and 40 per
ceit of Ub ourrency Issue and
to maintain a 5 per cent with U.
S. Press redemption fund which
5 per cent fund will constitute
a part of the 40 per cent reserve.
In passing let it bo understood
that Federal bank notes aro not
considered as resorvo for tho
reason that this ourrenoy Is In
tended to bo elastic and circulate
freely. If It wore allowed to bo
hold as resorvo undoubtedly a
largo percentage of It would bo
gathering dust In bank -vaults.
Our National bank issuo is also
SCH000L MONDAY
state superintendent may have
to say.
'At noon tho domestic science
department will servo dinner to
tKo school officers.
The requirements for a stand
awl school include the meeting
ot conditions as to the number
wfd preparation pf teachers, the
course of study, laboratory ap-
books In library
MAY DAY PROGRAMS
SET EOR FRIDAY
. May Day programs for both
tKe Lincoln school and the pri
mary grades housed In the High
school have been prepared under
the direction of tho teachers, as
sisted in the drills by Miss Grace
Tiffany of Eugene. Should the
wjfeiJlher be inclement tomor
row, the programs will be post
poned until some time next
week. The Lincoln program,
rhlch Is Set for 1:30 tomorrow,
wkb published Monday, and the
following for the High school
ppils is scheduled for 3 p. m.:
Entrance Maze March
Typole Danco English
Second, Third, and Fourth
Grade Girls.
Oals, Peas, Beans and
Barley English
Second Grade
Hansel and Gretel German
Second Grade
Reap the THax ....... .Swedish
pm. t -. i n i r-i i-t
, xmru ana rourui uraae uine.
Robin Hood Drill English
Third and Fourth Grade Boys -German
Bat Ball Game
iftfey Queen .... .Alene Larimer
.Pages .Wlnferd Allen
'Maids of Honor
GoldlePark
Madge Warner
Allene Castle
Maxine Castle
' APN ..... . .
iROAD ON URPER WILLA
METTE TO BE FIXED
, County Court Will Place it in
Position for Summer Travel
Over Mountains.
The Lane county court has ap
propriated $500 out of the forest
fund of the county for the Im
provement of the wagon road
oni tho upper Willamette river,
in itho vicinity of Oakrldge, and
the work will be started soon
under the direction of Fred Flsk,
non-reserve paper which how
ever will be retired in the course
of twenty years and supplanted
entirely by the Federal bank
notes.
In order for the Federal banks
to more easily maintain this
; high . reserve they have Inaug
jerated a fluctuating re-discount
'rate scale so that in ordinary
times and conditions if the de
mand to re-discount becomes
heavy indicating too free a use
of the funds of the Federal bank
the discount rate will increase
thus shutting off the greater de
mand and on tho contrary when
the demand is light reducing the
re-dlscount rate. This increas
ing of re-discount demands
; serves as a themometor to tho
Federal bank and the likewise
I Increasing and decreasing of tho
j rediscount rates acts as a safety
(valve to tho Federal banks.
I Tho creation of tho Federal
i reserve banks has not been for
tho purpose of making of theso
hanks a factor for tho encour
agement of speculation. Neither
is it possible for the Federal
banks to bring more money in
to; the districts as In fact no in
creaso in money is the result of
the Jnaugeratlon of the' Federal
supervisor. Tho work Is to bo
done in district No. 19, and the
money will bo expended on a
stretch from tho west line of tho
district to tho mouth of tho
North Fork west or Oakrldge
and from Jap Hill's place on up
the mountain cast of Oakrldge.
The work will consist only of
repairs at the worst places. The
road will bo put In condition for
travel during the summer. Here
tofore it has been in very bad
condition and teams could hard
ly pass over It during the dry
season.
The road is said to be better
from Hill's place to tho Rig
don ranch than it Is in the lower
part of the district. George
Kelly, of Portland, who was? up
there hunting a fetf weeks ago,
said that this stretch, was in
such condition that an automo
bile could be driven as far as the
Rlgdon ranch,
T. O. Russell, S. P. engineer,
who -had charge of the work of
rebuilding portions of the road
along the Willamette between
Jasper and tho upper river, will
probably resume the work about
the first of Hay. This road Is
being rebuilt by the railway com
pany to comply with the order of
the circuit court In the case
wherein, the county sued the rail
way company for $100,000 dam
ages on account of the destruc
tion of the wagon" road by the
new railroad.
Run of Salmon
In Willamette
Local fishermen, are much in
terested in a large run of sal
mon now making. its way. up the
Willamette river. For years, the
salmon haye been .going, up the
McKenzie, but it is only rarely
that .they come up this stream.
Capture, of a salmon, with hook
and linef is royal sfHHt., w - -;
BLOWER FAN BLOWS UP
The six-foot blower fan used
to drive planer shavings from
the planer .shed to the relay sta
tion at the Booth-Keily mill blew
up just a few minutes after the
mill started this morning, and as
a result the large planer will be
out of commission until new
parts can come from Seattle.
The smaller planer is running,
but workmen with brooms and
shovels are kept busy removing
the shavings that shower about
the machine.
Parts of the broken fan cut
and dented the heavy casing,
but no one was injured. There
was one large crash as the fan
went to pieces and then nothing
more.
bank. The entire capital and
deposits of the Federal banks Is
supplied by the banks of their
respective districts in which they
operate and while there is a pro
vision in the act allowing the
Secretary of the Treasury to
permit the Federal banks to act
as fiscal agents of the govern
ment and he may deposit with
them funds of the U. S. treasury
not otherwise appropriated, this
has not been done up to the
present time.
At the present time the prin
cipal business of the Federal
bank Is to re-dlscount 30, 60 and
90 day paper bills of exchange
and acceptances of like duration
based upon commercial trans
actions, as exports and Imports
of commodities. A very largo
percentage of short time paper
Is held by the majority of banks
and this class of paper having a
definite date of maturity if of a
satisfactory character and meet
ing with the requirements of tho
Federal bank, may bo turned in
for discount and credit. At ma
turity it Is forwarded back to the
bank turning same in and col
lected locally. This paper if of
thojpromisory noto class may be
it ,) Jn(CfUnued oa'Faxe 4)
TEACHERS PICKED
FOR SPRINGFIELD
SCHOOLS FOR 1915
Few Changes in Litt Have
Been Made fey Board of
' J'
Education .
At an adjourned 'meeting- kMt
evening the Springfield schoel
board completed its work of
electing teachers for the coming
year, with one exception. Tie
position made vacant by the re
signation of Mrs. Ida Richardson
has not yet been filled ami tk
board will delay actkm until
stronger candidates may be
found. Miss Alice Staniger asd
Mrs. Mildred Bartktt were not
candidates for re-electkvn and
their places have been filled.
The list of teachers employed
and their tentative assignments
for the school year 1915-1G, are
as follows:
R. L. Kirk, superintendenL
P. M. Stroud, High school
principal.
Lena Newton, history. ' ,
Rex Putnam, German. ,
Effle Rhodes, EngKsh.
Verna Tagg, commercial: .
J. F. Goddard, manual train
ing. v
Anna Rutledge, domestic sci
ence. 1
Mrs. Lucina Richardson, sev
enth grade. : '
, Miss Lacy Copeokaver, sixtk
Miss Grace Walker,, fifth
grade. ' -
Mies Jrances Bartlett, fourth
grade. - .--f ,t,; .
- 3ra:ivYia -vMoLaiits fM&kin
grade.' " '
Miss Veva Dunlap, third grade
Mies Sarah Martin, ' second
grade. ,
Mrs. L. K. Page, first grade. .
Two Milk Routes
Are Consolidated
Following the sale recently of
the I. Cline milk route to Bert
Snook was a deaL this week
whereby H. E. Willard, an ex
perienced dairyman, takes over
both routes, and will arrange
for the delivery of milk night
and morning throughout the
town. Mr. Willard has a 'fine
herd of tested cows, and he will
use the milk from his own and
from Mr. Cline's fine herd. The
milk is to be brought to the
Springfield creamery to be boT-
tled. A special room has been
provided, for this, with all of the
best sanitary appliances for the
cleaning of cans and bottles and
for the handling of the milk. The
change becomes effective May j!1.
RETIRED M. E. MINISTER $
VISITS RELATIVES HERE
Rev. S. T. Show, a retired
minister of the Methodist Epis
copal church, of Elgin, 111., "was
in Springfield for several days
the first of the week visiting his
sister-in-law, Mrs. Ruth BraF
tain. He is 83 years old and is
traveling in tho West visiting re
latives. He spent several months
in Los Angeles and went on to
Portland yesterday. He was one
of the speakers at the Methodist
Brotherhood banquet Monday
evening. .
Buys Jasper Flour Mill, j
Leonard Lepley and family,
former residents of Springfield,
but more recently of Oakdalo,
California, arrived Tuesday arid
will make their home at Jasper,
where Mr. Lepley has purchased
tho old Sylvester Flour mill. The
family is visiting with Frank
Chase and family and Earl Lep
ley is visiting with Lowell Siks.
Buys Home in Springfield.f
F. A. Worley of WendJIng this
week purchased tho McBeg
property at Sixth and L streets'
through Gore and Rowo,- :Wi