Daily capital journal., July 10, 1912, Image 1

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VOL. XXII.
SALEM, OREGON, WEDNESDAY, JULY 10, 1912.
KO. 13d.
CITY A BLAZE OF -COLO
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WILL SUE
TO RECOVER
Uncle Sam Will Bring Suit
Against the Southern Pa
cific to Recover Vast Tract
of Oil Lands in California.
VALUED AT $800,000,000
3Iorc Tlnin 100,000 Acre in the Tract
and This, It Claims, Was Secured
by the So ill hern Pacific by Clrciiin
Tentiuu of the Grunt of lsU Hall,
roud Will l'lcud Stutule of Limi
tation, That the Theft 1m .So Old
That IIcHtltntion Would Hurt It.
UNITED r It ESS LEASED WIIIH.J
San Francisco, July 10. Govern
ment officials connected with the
Viilted States attorney general's of
fice declared here today that within
a month suits will be filed in the
Vnlted States district courts of San
Francisco and Los Angeles for the
rocovery by the people of a mineral
bearing empire embracing all the
oil lands held by the Southern Pa
c'flc company in tho state, estimated
at more than 100,000 acres and val
ued at $800,000,000.
This vaHt oil bearing district, the
government alleges, wag secured by
the railroad company by circumven
tion of the grant of 1868, which ex
pressly reserved to the people all
mineral lands within the Indemnity
limits, except coal and iron, and by
fraud in patenting.
The general suit for recovery, In
which attack will be made on the
title of the Southern Pacific railroad
company, to all Its petroleum-bearing
holdings from Coallnga on the north
to the Sunset district In the south,
v.lll be under the direct supervision
pf It. D. Townsend, of Portland as
special commission for Attorney Gen
eral Wlckersham.
The present suit being heard be
fore Special Commissioner Leo
Lnngley here for the recovery of
C.100 acres of oil bearing land se
cured by the Southern Pacific in the
Elk Hills, Kern county district,
through alleged fraud and valued at
$1,',000.000 Is but a forerunner of the
more embracing suit to-follow.
Th? railroad corporation will re
sist the suit on the ground that the
Statute of limitations has expired, but
the government will base its conten
tion on the theory that because of the
reservation of oil lands from the
grant of 180(1, none of the petroleum
lands have ever been passed to the
Southern Pacific either by grant or
patent, and for this reason the stat
ute of limitations cannot apply.
The government will rely rather
on the construction by the Judiciary
as to both grant and patents In this
case than on an attempt to cancel
the patents Hut sliould the Interpre
tation of the courts In this respect
be unfavorable, the attorney gen
eral's office is prepared to show that
a vast aount of these lands were
secured by fraud In patenting be
cause the company had knowledge of
the mineral character of the lands to
which Its agents made non-mineral
affidavits.
Because fraud does not begin to
come under the statute of limitations
until its discovery, the. federal offi
cials are confident that the bulk of
the lnnds can be recovered, even un
der an adverse Ji,v ' , ruling as to
the meaning of the mt.
The case to recover the Elk Hill
lands will be carried to Washington
for hearing July 29 and will then he
concluded here.
The Southern Pacific lnnds to be
attacked in the big suit are part. of
a grant of more than 4,i8 000 acres
given the company by the govern
ment as bonus for railroad construe'
tlon, a great part of which lies In
California.
House knocked Out.
Washington, July 10. Hot
weather, baseball and languish-
Ing desires for home made ltal-
most Impossible to transact bus-
Iness In the house today. Lead-
ers Issued a flat warning that
members must stay on the job
if adjournment is to come next
month. Six committees were
forced to adjourn today because
of lack of a quorum. When the
house met only 34 members
were present.
THE CORONERS JURY
BLAMES THE COMPANY
A coroner's inquest was held Tues
day afternoon over the remains of
Peter Lewis, who was killed on the
line of the Oregon Electric railroad,
11 miles south of Salem, Monday. The
verdict of the jury was that the de
ceased came to bis death by electrocu
tion, he having come In contact with
some of the power wires In such a
way as to receive a shock of elec
tricity sufficient to cause death. The
jury further found that the Oregon
Electric Railway Co. was negligent In
allowing such a condition to exist.
The deceased was working on the bal
lasting of the track, coming In contact
with a wire which reached from the
top of one pole to the bottom of the
next one, and close to the power wire
which Is used as u feeder.
A Puke Fire.
I UNITED PRESS LEASED WIRE.
Portland, Ore., July 10. Josephine
Gibson, waitress, was fined $50 for
turning In fake fire alarms. She told
the judge firemen put her up to it,
as they wanted the limelight incident
to their response to alarms.
Prohibitionists will at once begin
work in Washington county, and
hope to carry the entire county tick
et. IN FAVOR OF
PROGRESS
W ANTS THE HEPl HLICAX STATE
CONVENTION' TO SET THE PACE
AND COME OCT FLAT-FOOTED
FOR THE PROGRESSIVE PARTY.
UNITED PI1ESS LEASED WIIIK.
Lincoln, Neb., July 10. Congress
man George W. Norris, Insurgent lead
er In the house, and nominee of Ne
brraska Republicans for promotion to
the senate, has promulgated an appeal
to the progressives to control the
state platform convention July 30, In
Lincoln. The appeal says In part:
'There will undoubtedly be an at
tempt on the part of the Btandpat
Republicans to promulgate a stand
pat policy, and to endorse the iwlltlcal
larceny by which a defunct national
comlttee packed the Chlcngo conven
tion with sufficient number of stolen
delegates to give iff. Taft his alleged
nomination. It is evident that every
Republican In Nebraska who believes
In progressive principles, a square
deal, and, aVove till, political honesty.
should Interest himself In the selec
tion of delegates from the various
precincts to the county conventions,
and from the county conventions to
the state convention.
"The moral effect of the platform
adopted at Lincoln and throughout
tho country will be great. It will have
a tendency to show whether Nebras
ka Republicans are progressive or re
actionary. There is no doubt that
the rank and file of the Republican
party In Nebraska are alost. unani
mously In favor of progressive prin
ciples, and are practically a unit In
opposition to the fraudulent and dis
honest methods that were used by
discarded political bosses in Chicago
to steal the presidential nomination.
"We ought to show to the nation
and to the world that the Republicans
of Nebraska emphatically)- condemn
any political machine that, by such
unjust and dishonest manipulations,
attempts to thwart the wish and will
of the patriotic and loyal citizens."
'ERFECT WEATHER G
Kill OIHG ADD QUEEf
OLD SOL SIIEOS HIS SPOTS FDD THE OCCASIOIJ
AND ALL SHOWERS IE ORDERED
OFF FOR THREE PAYS FAIR
" ' " 1 1 1
The Old Capital City Awakening to the Possibilities of the.Greatest Cherry Fair in History,
Bursts Into Bloom With All the Colors of the Rainbow Decoration Committee Did .
Great Work With the Means at Hand, and Has Achieved the Finest Results Ever
Accomplished in Salem.
The Cherry Fair Spirit hag captured
the town. The Capital City will open
to the world In a blaze of gloYy on
Thursday morning, with the largest
exhibits and the greatest preparations J
for parades and entertainment In the
history of the Oregon capital. This
city, with all Its staid and steady man
ners and slowness to exhlltrate, Is
going wild over Its own festival, for
which Fourth of July celebrations
and all other amusement dates are
canceled.
The south end of Commercial street
is leading off in gaiety, the decora
tions of the Marlon Hotel and The
Capital Journal block, done by Mr.
Bush, the expert from Portland, cer
tainly outstrip anything In this line
attempted in the past. The efforts of
lnllvldual business men to awaken to
the needB of the occasion are begin
ning to bear fruit.. The U. G. Shipley
store will have elaborate designs In
color by Mr. Bush, and others will
bloom out before the gates of the city
are thrown open Thursday.
Sun SpetM Have Cleared.
Weather conditions for the Cherry
Fair and Elks' Carnival are perfect.
The skies cleared Tuesday, and for
the rest of this week The Capital
Journal can promise bright skies and
fair days on the authority of the local
astronomer. I. L. McAdams has
mounted his five-Inch reflector and
will take dally observations of the
Bun spots that are clearing. Tuesday
there were three great eruptions on
the sun, observable through his glass,
and he will take dally observations,
and notify the public through The
Journal of any serious occurrences on
the face of Old Sol. There will be no
rain. That is flnnl, and our visitors
will have the most perfect cllmnte the
sun ever shone upon for an outdoor
festivity.
ItusliiCK Men Awakening.
The article which appeared In yes
terday's Journal lu regard to decorat
ing the city, unintentionally cast re
flection upon the local decorating
committee. It. wus the Intention of
this article to Jn r the citizens of Sa
lem Into a little more put riot Ism a
bout contributing money for decor
ations so that the decorating com
mittee would have enough money to
get decorations for this city such as
are furnished in smaller towns. Our
local decorating committee this year
has at Its command only about $200
and they certainly spent this Judic
iously and to the very best of their
ability. Over half of this amount was
required to get the bunting, "the bal
ance being used for fir trees and
equipment for holding them and other
necfSBiiry expenses. Members of the
committee have been giving a week of
their time and have done much hard
labor getting up these decorations
and they get small thanks and no
pay. It is time the citizens of Salem
awake to the fact that If they keep
up with the procession In their Cher
ry Fair with the surrounding towns
which are holding different exposi
tions, they will have to help the un
dertaking more liberally from a fi
nancial standpoint. This fair lias be
come loo big an enterprise and ot.too
much value to Salem to lag through
lack of enthusiasm. Wake up Salem
people, decorate your buildings and
help our local decorating committee
brighten up the old town. Don't leave
it all to a few public spirited men.
Armory Is Filling I'p.
With the Cherry Fair colors In
great evidence overhead and all
!
' CHERRY FAIR PROGRAM
1
Thursday Manufacturers' Dny
Music by Victor Point band.
Street Athletics on Coinmer-
clal and State streets.
Baseball Salem vs. Mount
Angel.
FridayElks' Day.
Excursion from Portland.
Music by Salem, Victor Point
and Grand Ronde Indians band.
Industrial and comic parades
at 11:30 a. m. '
Baseball Salem vs. Hubbard.
Saturday Automobile Day.
Baby parade at 10 a. m.
Baby show at First M. E.
church.
, Automobile parade at 2 o'clock
100 automobiles.
Music by Salem, Grand Ronde
Indians band.
Baseball Salem vs. Hope-
well Giants.
Special free program at ar-
mory each evening and street
sports and free balloon asccn-
slon every day.
around the balconies, booths and the
displays of the Marlon county Man
ufacturers association. Those already
In position are the Salem Iron Works,
G. Stolz & Co., Thennodyne Co., Ham
mond Lumber Co.. A lIuckeiiBteln
Cigar Factory, Eppley Baking Pow
der, Salem Gas Co., Salem Electric
Co., Falls City Lumber Co., and oth
ers are rapidly coming In. There will
be refreshment elands and a cafeter
ia, Bervlco in the basement.
Programs Every Evening
The Program committee have made
ELKS HERD
GETS DOWfl
TO ITS WORK
( UNITED I'llEHS KKD WIIIE.)
Armory, Portland, Ore., July 10.
Reports on election of officers and
on distribution of supplies by the
grand lodge to subordinate officers
were presented by the nominees to
the grand lodge of the It. P. O. Elks
today. Exalted Killer Sullivan an
nounced that he had reapolnted
Robert Drown, managing editor of
the ImlHVille, Ky Times, a member
of the grand forum. Hi own, who Is
one of the most, prominent men of the
order, is retiring as chief justice.
The grand lodge tomorrow will
consider the proposition of building a
national home for Mks, the home
commission having deeded to put the
proposition entirely upto the supreme
body. Funds now available are Insuf
ficient to build a home such as the
Elks wish.
The ritual committee tomorrow will
leave to the grand lodge the decision
In the matter of abolishing the
''goat" from tho Initiation program.
Members of the order apparently are
about evenly divided as to whether the
goat should live or die.
T O S GREET
fl E
all arangements for Bplendid music
al and speaking programs every even
ing at the Armory. There will be
Oregon songs by Mrs. Hallle Parrlsh
Hinges, the Oregon nightingale, and
addresses by the most prominent lo
cal speakers and orators from Port
land representing the Manufacturers
association. These programs will
take place at the Armory each evenlug
of the Cherry Fair, and will be short
and snappy entertainment for those
who want something to do In the ev
ening, ALL IS READY FOR
, THE 1IIO CHERRY FAIR
While the decorations are not
nearly all completed and a few have
not yet begun to decorate. It would
be a long and difficult undertaking
to mention all of the places that have
put on gala attire or to even mention
those who have gone beyond others
to secure a more elaborate display.
Most places have made an especial
effort to display their goods and
wares to the best possible advantago
as well as to make .use of the Cherry
Fair colors, red and green. The
American (lag has been used In most
places while others have made use
of the Elks' colors, purple and white,
to good advantage. The large flags
have been suspended from wires
crossing the streets, which adds
much to the general appearance of
things. Christmas trees have been
placed along the gutters throughout
the business district. All the shows
and concessions uro in place ar.i
when the Cherry Fair opens Thurs
day morning, everything will bo In
readiness for tho big bIiow.
DIVED FROM STEAMER
IX EFFORT TO ESCAPE
I UNITED I'llFHI LEAKED WIIIK.
Taconia, Wash., July 10. Frank
Calvin, under sentence hero of from
fve to 10 years for tho attempted
murder of Vivian Irving, diyed. from
tho steamer Victoria at tho Boottle
dock this morning In an effort to es
cape E. E. Ferrler, one of his bonds
men and deputy Sheriff Frank I-ong-inire
who were returning him to Ta
conia that he might be sent to th
pmllentlury. Calvin refused to ac
cept a life belt thrown on the water
and did not stop until fired upon by
Ferrler. He was picked up In a life
boat and Is now in the county jail.
THE KXD it F. ALLY
JISTIFIF.D
I'll K MEANS
(UNITED rilKHIt LEAKED WIIIE
Tacnina, Wash., July 10, Earl De
vore, who drove a National car In
the auto races here last week, was
arrested Monday night charged with
speeding while taking a young lady
to a chicken dinner in the country.
Tills morning he was fined $25 lust
beloie taklnK the Shasta lJmltud for
Hi,n Francisco.
MOODHOH WILSON
CHEERED II V
WAX. (MAKER
fDNITEl) I'HKSS LEAKED WIIIE 1
Atlantic City, N. J July 10
Cheering, led by John Wanainaker of
Fblludelphla, greeted Governor Wood
row Wilson when ho laid the corner
stone of the Y. M. C. A. building here
this afternoon. The governor and
Wanamaker made it plain that there
was absolutely no politics in the
event which was attended by d.oOO
persons.
The Mexican Troubles.
EI Paso, Texas, July 10. Gen-
eral Huerta's Mexican federal
army is moving toward Juarez
from Chihuahua. General Oroz-
co, during the night, moved the
last of his rebel troops from
Enclnclllas to Juarez, the move
being hastened by the approach
of the federals. It Is believed
that the rebels will be able to
hold to Juarez against the fed-
erals as the rebel capltol.
, -
SCX SPOTS ARE
Dl'SY MAKING CHANGES
I. L. McAdaniB, local stronomer,
who Is keeping tab on the sun spots,
says Sunday there were three spots
each 15,000 nilloB In diameter. Shortly
after 5 o'clock p. m. of that day there
was a great explosion, and the three
spots became one big one. They re
mained In that shape until 10 o'clock
Tuesday, when, after a series of
smaller explosions, there were 13 dis
tinct spots in place of the big one.
This morning they had again joined
in one big spot, probably 20,000 miles
In dlnmeter.
Three of a Kind.
, UNITED MESA LEAKED WU1E.J
Vancouver, B. C, " July 10. Three
healthy girls were born to Mr. and
Mrs. William Henthcote of 2773 Tri
umph street at 4 o'clock this morn
ing. This Is the first, case of trip
lets being born lu Vancouver on the
records of the birth registry and
nets a new local mark In the local
anti-race campaign.
Probably Aeronaut's Body.'
(UNITED PIIEHS LEAHMD WIH.
Atlantic City, N. ,I July 10. A
body supposed to be that of Melvln
Vanlmnn, famous aeronaut, killed
with four members of his crew when
his dirigible balloon exploded here
July 2, was today washed up on the
fcnnds off Brigantlne Beach, off
which point the balloon sank.
PROMS in
SESSION TO
NOMINATE
XUTOXAL COXVEXTIOX MET TO
DAY AT ATLANTIC CITY TO
NAME PRESIDENTIAL CANDL
DATE-A DEADLOCK IS ANTICI
I'ATEI). UNITED rilKHS LEAKED WIIIE.l
Steel Pier, Atlantic City, N. J July
10. When the national prohibition
convention was culled to order today,
on the wind-swept steel pier, there
was every prospect of a lively con
test for tho presidential nomination,
perhapB even u deadlock.
Candidates for first place most men
tioned were Eugene W. Chapln, the
candidate four years ago; A. J. Hous
ton, of Texas; Charles Reunion, of
Pittsburg, and W. O. Stewart, of Chi
cago.
Akron Walklns, of Ohio, wns about
the only man mentioned for vice-
president, lie was the candidate for!
second place four years ago.
Charles It. Jones, of New York,
national chairman, called the conven
tion to order, and there was the usual
procedure of electing temporary offi
cers, naming committee and speeches
by the temporary officers.
More than 2000 prohibitionists are
here.
ONE
PLEADS (M l ll V
AND OXE IS DISCHARGED
This morning lu circuit court Tom
Itllev, who was Indicted by I he grand
Jury for larceny, changed bis former
plea of not u 1 1 1 1 1 y ami pleaded guilty
to the charge. His sentence will be
pronounced Saturday at 1 o'clock.
The Indictment against James
Hun Is was dismissed, ami lluals was
given his freedom. The charge against
him was larceny. The reason given
for the dismissal of the rase was that j Taft today signed the resolution, oou
tlie state's witnesses are out of the I veylng tho thunks of congress to
state. Deputy District Attorney W. 'Captain RoBtron and the crew of th
C Wlii8low made the motion to dls- steamer Carpnthla for their work la
miss the case. rescuing the Tltantlc survivors.
ran
SPHIOTER
Jackson, an Englishman, Takes
the Wind Out of America's
Sails, and Captures Event
They Are Sure Of.
BROKE A WORLD'S RECORD
Americans Given Second and Tuli'4
Place, lint Finish was so Close that
Judges Refused to Decide It Until
the Official Photograph of the Fin
ish Could Be Seen This Clare
Places to the Yankees.
UNITED ruEBS LEASED WIIIE.
Stockholm, July 10. Unexpected
defeat wns the portion of the Ameri
cans In the Olympic games bore to
day. With Ave man qualified for tho
finul of the 1500 meter race, Includ
ing the best performers seen here, it
was believed the Americans would
fill all of the point places. Inuteod,
the race was won by Jackson, tho
British crack, who made his run af
ter the Held had Btralghteucd away
in tho home stretch. To win Jack
son bad to hang up a new world's
record for the distance, bis tlmo b
ing 8:56 4-5 as against tho old rec
ord of 3.59 4-5.
Tho result (or second and third
places was so close that tho judges)
could not doclde and withheld their
announcement until the photos taken
of tho finish could bo doveloped.
Arnnaud, the French sprinter took
the lend rt tho start end bold it for
two laps, closely pressed by John
Paul Jones and Abel Klvlat, the New
York representatives. At the end of
tho second lap tho two Americans
sprinted Into tho lend, and then the
spectators believed It was nil over.
Instead Jackson, who had boon con
stantly Improving hl.i position from
tho start, began his groat cprlnt In
tlie stretch irid soon passed both
leaders. The effort told on Jones,
who dropped back, absolutely "all
In." Klvlat tried to go on but he
was ntniiRcrlng and In the lust lump,
Norman Tuber, of Brown University,
managed to get up alongside, nuking
the llnlHh ho close that the judges
could not decide which one wns en
tiled to tho honor.
The Judges after inspecting the
photographs placed Klvlat second
and Tnher third, making three addi
tional points for the American team.
(OASTIXO HCHOOXER
RAMMED HY STEAMER
San Krunclsco, July 10. Her Jib
bcoiu mid head gear completely car
ried away, the schooner Bertha Dol
bei r, Jiound out for drays Harbor,
was rammed anil almost sunk by the
British steamer Tuscarora off the
San Francisco lightship today. Cap
tain Erlckson, of tho Bertha Dolbeer,
declares that after the ramming the
Tusrai'ora continued on her way
without offering assistance. The Dol
beer was later towed buck Into port-
EACH OK
THE (illtl.S
(VAX 'I
s loo.ooo
New York, July 10. Miss Ethel
Courail, tho "shooting show girl," who
was acquitted last rail of attempting
to murder Millionaire W. E. I).
StokeB, today sued Stokes, who is now
l"' 1,1 X""'1. 1',oo for falsa
arrest.
Miss Conrad's partner In the epi
sode, which sent Stokes to a hospital
with several bullets In his thighs,
Lillian (Iralia.m Is suing Stokvs for a
like amount.
Tliuiiks Urine Officer.
(UNITED PUBIS LEAKED WIKE.I
Washington, July 10. President