j ! TflE BEST
:; TflE LARGEST
! CIRCULATION
NEWSPAPER j;
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MMMMMMHt
36TH YEAR.
SALEM, OREGON, TUESDAY, APEIL 29, 1913.
PRICE, TWO CENTS. MlicK
i
DECISION FORFEITS
Judge Holds Oregon & Cali
fornia Road Violated the
Terms of Its Grant ,
CASE IN COURT S YEARS
Company Sold Put of Its Lands to
Otters Titan Settlers and Tracts
Exceeding 160 Acres.
t united ruosa Luaro wixi-T
Portland, Ore., April 29. United
States District Judge Charles Wolver
ton this morning announced that the 2,
300,000 acres of lands remaining of the
grants made in 1866 and 1870 by the
government in order that the Oregon 4
California railroad might be construct
ed is forfeited because of failure on the
part of the company to comply with the
terms of the grant. The decision came
when attorneys for the railroad com
!any decided not to argue the case,
'which was set for this week. It will
lie appealed to the United States cir
cuit court of appeals at once.
The Oregon & California railroad is
now part of the Southern Pacific.
The lands involved in this suit are lo
cated in practically every county in
Western Oregon and Northwestern
California, and should Judge Wolver
ton 's decision be upheld in the court of
appeals, will throw the land open to
settlement.
Judge Wolverton's decision ends all
litigation for the present in Oregon in
the famous land grunt suit, which has
been pending for five years. The ac
tion of the defense in not arguing the
case came as a surprise.
Violated Terms of Grant
The principal action in the suit came
in 1909, with the arguing and overrul
ing of a demurrer filed by the dofond
ants. .
In hit) decision, which was delivered
orally, Judge Wolverton held that the
Oregon & California Bailroad Company
had violated the grant in selling and
-disposing of some of its lands to per
sons not actual settlers in quantities
exceeding 160 acres, and that since
January 1, 1903, thousands of persons
liad applied to the company to purchase
unsold lands at 1(2.50 per acre, but that
the defendant company had refused to
'dispose of any of its holdings.
Judge W. D. Fcnton, of Portland,
lis brother, James E. Fenton, and
Peter F. Dunne, were present in court
representing the Southern Pacific Rail
way Company.
Of this unsold lnnd, which is for
feited to the government, htre are 8120
acres in Multnomah county. In Wash
ington county thoro are 24S2 acres; in
Yamhill county 27,120 acros and in
Clackamas county 89,102 acres. The
largest amount is in Douglas county,
.-where 615.R43 acres will revert back.
Approximately 1,800,000 acres south
of Eugene, and nearly half of all the
lands for 40 miles on each side of the
Southorn Pacific from Eugene south
were included in the grant, of which
only a very small portion has ever been
sold.
T ABE WELL IS SAID TO
REV. DAVIS ERBETT
A farewell meeting in honor of Rev.
Davis Errett, the retiring pastor of the
First Christian church, was held last
night at which Reverend Errett was
given a fine ovation.
Resolutions commending the retiring
minister's work while in Salem and ex
pression of regret at his 'leaving the
-ity were drawn up by the attending lo
al ministers. The church was full of
not only members of the denomination
"but other churchgoers, pastors and
tuany who seldom attend church. This
was due to the friendship for ths for
mer pastor of the First Chrlstiau
-church. Among those who addressed
the meeting were: Rev. P.,F. Schrock;
Rev. A. C. Brackcnbury; Rev. O. A.
Stillman; Rev. W. J. Woodcock; Rev.
E. H. Lockhart; Rev. W. .1. Llonkaom
Jier; E. A. Bennett, and J. F. Godfrey.
Lectured on Birds.
The author of the well-known book,
4 'Birds of Oregon," Win. R. Lord, ap
peered before the pupils of the Salem
high school yesterday and dolivercd an
Interesting address tending to Incite
Interest among the schools throughout
the state in birds.
' Mr. Lord's lecture was finished and
very interesting, lis gave accurate de
scriptions of the work which is being
-carried on in different states to pro
tect the birds, and a stereopticon illus
trated his lecture.
Graft Trial Begins.
New York, April 29. Charged
by the state with graft and the
subsequent bribing of witnesses
to stay out of the jurisdiction of
the courts, the trials. of former
Police Inspectors Dennis Swee
ney, James Hussey, James Thomp
son and John Murtha began here
today. The charges under which
the men are being tried come
under the general heading of
"conspiracy to obstruct justice."
If the conspiracy charges fail to
hold, the men probably will be
tried later on a direct graft
charge.
A
J
Says People Were Deceived About the
Sewer Bonds at the Recent
Election.
The committee on accounts and cur
rent expenses of the city" council last
night filed the report which is hereto
appended. It is verbose, prolix, re
dundant and irrelevant, immaterial and
incompetent evidence td excuse and
evade a wrongful act, and shift re
sponsibility from the shoulders of the
council. When the report was read a
motion was made to furnish copies to
the press. Councilman Minton opposed
this and moved to lay on the table,
stating that parts of the report were in
every way absolutely false. Council
men Cummings and Jones stood with
him, but the motion to print passed.
The report undertakes to take a fling
at The Capital Journal, which falls
flat, for all the readers know that at
that time it did-rot belong to its pres
ent owners. Here is the committee's
report:
We, your committee on accounts
and current expenses, to whom was
referred resolution No. 907 In the mat
ter of calling an election providing for
submission of the question of issuing
lateral and othor sewer bonds for re
funding the expense of a: (a) con
structing latoral sowers numbered 1 to
21, both inclusive; (b) providing a
fund for the construction, and (c) pro
viding funds for the refunding of as
sessments and claims for construction
of lateral sewers constmctod within
that portion of the city bounded by
the limits of the corporation prior to
1903, beg leave to report upon this
matter as follows:
First We find that the recital in
resolution No. 1097 to the effect that
tho total nsjtcssmcnt for the construc
tion of lateral sewers numbered 1 to 21
in the sum of $52,394.19 is substantial
ly correct. That thoro has boon paid
in of this total amount approximately
(125,4.16.13, and that thoro is outstand
ing upon account of the same the sum
of approximately 26,958, and interest
from various dates, tho exact amount
of which it is difficult to computo
without a very large amount of effort
and that warrants which aro carrying
interest against the city at tho rate
of 6 per cent are outstanding covering
the unpaid balance of those lator sewt
or assessments.
Second We find that it Is true that
no provision was made in the charter
amendment and bond ordinance passed
Docombor 2, 1912, by vote of the peo
ple under the powers of the Initiative
and referendum for making any re
funds or cancellation of asessments
levied upon tho 21 districts above re
ferred to and as recited In said resolu
tion No. 3097, Introduced by Council
men Minton1 and Jones,
No Definite Record.
Third We find upon Investigation
that there woro soma latoral , sewers
constructed within the old corporate
limits of the city as thoy existed prior
tj 903, and that there has been a large
amount of lator work done within the
same limits at private expense with
out the formality of city assessment
and of ths same rclntivo benefit to the
publlo as the laterals of both North and
South Salem, but there is no definite
record as to the amonnt or extent of
this lateral sewer construction work
performed In past years.
Fourth Wo have satisfied ourselves
that there is also, as indiented in sail!
resolution, a largo amount of property
for which provision should bo made
by the construction of lateral sewers in
the near future, otherwise it will be
necessary to call repeated elections
from time to time, Inasmuch as the
charter as amended does not give the
council tho power to go ahead on sow-
(Continued on page four.)
A JOKER IN THE LAW
Washington Will Vote This
Fall on Proposition to Let
Aliens Own Lands
IN THE MUNICIPALITIES
Says Supreme Court Holds Every
County Is a Municipality, and
Doors Would Be Open.
Olympia, Wash., April 29. Governor
Lister today declined to comment in
any way upon the attitude of Governor
Johnson and the California legislature
toward the anti-alien land legislation
now pending in that state.. He said
that, as a matter of comity between
states, and a courtesy due one exec
utive from another, it would be decid
edly improper for him to express any
public opinion on the matter. Howev
er, he was willing to discuss anti-alien
legislation as affecting the state of
Washington. He quoted the present
constitutional provision which bars all
alien ownership in Washington state,
except that for mining or manufac
turing purposes where the property has
been acquired by inheritance or in the
ordinary course of justice in a pro
ceeding for the collection of debt.
The governor pointed out that the
last legislature voted to submit an
amendment to the state constitution
which will be passed upon by the elect
ors in November of next year. If car
ried, this amendment will permit all
aliens without discrimination to ac
quire land within municipalities.
The question has been raised here
whether if the proposed amendment
carries in this stato, Japanese and oth
er alien races cannot buy property any
where in the state. The constitutional
amendment says municipalities, in
passing upon questions of bond issues,
it is said the state supreme court has
ruled that, in addition to cities and
towns, every school district and every
county is a municipality.
BIDS SUBMITTED FOB
SOUTH HIGH PAVING
Following is the list of the bids op
ened at tho mooting of tho city council
last evening for tho improvement of
South High street:
Ambroso-Birdsnll Co., 0-inch gravel
concrete, $20,680.22, crushed rock, $22,
640.30; bitulithic, $19,483.06. Bid of E.
W. Gcigor Co., 6-inch gravel, $21,018.06;
crushed rock, $22,371.34. A. Kohrberger
crushed rock, $19,075.70. Clark-Honery
Co., asphalt, $24,135.23; same, $21,
946.43; bitulithic, $30,208.03; same $28,
103.55. Wm. Pugh, 6-inch gravel, $19,
818., Oregon Paving Co., crushed rock,
$19,743.11; dollarway $23,357.79. Arenz
Construction Co., rushed rock, $19,
021.03; gravol, $19,170.08. The bids
wcro referred to the street committee.
IS
CALLED A USANCE
Grand Jury Says It Should Be Abated
as It Ellis Animals and Vego
tion. IOSITID FUSS LUIIO Wltl.
Redding, Cal., April 29. That the
msmmoth copper smelter plant at Ken
net should be abated as a public nui
snnce, because fumes filled the air and
destroyed vegetation aid animal life
for milos around was recommended to
the superior court by a grand jury here
today. The jury further recommended
that the board of supervisors instruct
the district attorney to proceed against
ths smelter. The smelter and adjoining
mine employ moro than 1000 men.
The smelter people claim that the
plant is doing no damage whatever
since the Installation of a $350,000 bag
house five years Ago. The smelter Is
operating under a decree of the United
States supremo court, which permits a
small amount of sulphur dioxide to be
emitted from its stacks, Tho smelter
at Coram, nearby, was closed down
three years ago bocauso it did not com
ply with this decree.
Weather Forecast
Oregon Showers tonight or
Wednesday. Light frost wet.
s Heavy frost east portion tonight.
Westerly winds.
Kept Them Waiting.
Reno, Nev., April 29. Follow
ing an automobile trip with his
wife and friends, Thomas J. Kirk,
Jr., of Sacramento, Cal., son of a
former state superintendent of
California schools, put a rifle bul-
let through iis head and is dead
today, lurk bad the automobile
party wait outside. Then he has
tened into a room and blew out
his brains. Alarmed at his long
absence, members of the party in
vestigated and found him dead.
Marital troubles are said to have
caused his act.
Councilman Carries His Point Work
Must Be Done as Ordered Some
Time Ago.
Street Commissioner Cornelius was
unhorsed last evening at the council
meeting in a clash with Councilman
Minton. A committee report in the
case of Earl Race recommended that he
be paid $50 damages because the street
in front of his residence had been left
in bad shape and the street commission
er had refused to fix it. There was a
lengthy discussion, participated In by
Stolz, Macy, Cummings, Minton, Corne
lius and Brown.
Cornolius offered to back, with $100,
his assertion that he never saTd he
would not do the work. "And I don't
want you to tell here I did," he said,
shaking his finger menacingly at Min
ton. Minton told of having called on the
street commissioner twice in an effort
to find out if he would -do the work.
Ho declared he could get no satisfaction
out of him.
A motion introduced by Brown, pro
viding that the street commissioner pro
ceod to fix the Btreot as ordered by the
council some time ago, was passed, and
Minton 's victory was won.
Minton Again Raps Him.
Later in the meeting Minton told of
how people in a certain district had
been ploughing through the mud for
over a year and it seemed impossible
to get tho board walks built.
This brought the stroet commissioner
forward again and he Bald he had been
street commissioner under throe ad
ministrations and Minton was the first
to find fault with hin way of doing
things. He accused Minton of failure
to give him a certain resolution in writ
ing aiijl Minton said ho did not have to.
It was finally decided to let the city
recorder furnish tho street commission
er with resolutions.
There was a laugh when the commis
sioner wanted to know how the work in
front of Race's place should be done,
and Minton replied that Mrs. Race
would show him how sho wanted it
done.
"What docs 'forthwith' moanl" in
quired Cornolius. " I can 't do four jobs
at once."
" Thoro are plonty of men for you to
got," replied Minton.
To All Salem Ministers.
In order to have church notices ap
pear in the Saturday Capital Journal,
they must be In the business office bo
fore 4:30 Friday afternoon. The Capi
tal Journal takes pleasure in printing
these noticos, and, In order to do so
without interfering with its regular
work,, employs an operator Friday night
who puts in type all church notice,
the society page and all othor matter
possible. Will you kindly do your part,
by seeing that your "copy" is on han-1
promptly, anil not later than 4:30 Frl
days. The Capital Journal will coi
tulnly appreciate it, and feels it has a
right to insist upon it.
Must Face Grand Jury.
John Sumner, the young man who
was brought before Judge Webster yos
tnrday on the charge of unlawful co
habitation with a young woman, whoso
name Is withheld, was bound over to
await the action of tho next grand jury.
Judgo Webster placed the bonds at
$100, which were furnished by the de
fendant's mothor.
Although the examination was set for
y est unlay afternoon, it was impossible
to conduct same as tho woman was on
the vorgo of collapse while tho district
attorney was questioning her, .The
court room was cleared of spectators
who jammed the place, but then the
witness refused to answer questions and
upon motion of Attorney J, A, Carson,
representing the defendant, the examln
etion was waived.
10
Montenegro Rushes Troops to
the Frontier and May
Take the Initiative.
THE WORLD IS WITH HER
It Is Intimated Russia is Backing Mon
tenegro and a General War Is
Easily Possible.
Vienna, April 29. Speedy declaration
of war between Austria and Montene
gro is indicated here today in a state
ment by Emperor Franz Joseph by
the slumping of shares on the Bourse,
and by continued consultations between
the emperor and Grand Duke 'Franz
Ferdinand and the cabinet and the
army generals. The optimists are
hopeful, but the emperor declares he
is determined to force the Montene
grins out of Scutari.
Reports from tho Balkan states are
alarming. Prince Danilo, of Montene
gro, is on the march to occupy the
heights dominating Cattao, an Austrian
city, and it is reported may bombard
that place. Danilo also will be in a
position to avoid the Austrians land
ing at Antivari.
There is apprehension that tho con
flict will involve the rest of Europe.
Russia is not participating in the Lon
don conference and is reported to be
secretly aiding Montenegro. It is
feared that if Austria follows out her
threats, Russia will openly defend the
smaller nation. Such a move would in
volve Germany, and what would hap
pen thereafter is problematical.
Turkey Puts Up a Job.
Paris, April 29. Turkey is backing
Essad Pasha's claims to the throne of
Albania, according to a dispatch from
Constantinople to a news agency here
today. It Is stated that the porte has
instructed the Turkish diplomats in the
various European capitals to support
Essad Pasha. It is reported that Essad
Pasha proclaimed himself king of Al
bania in ordor to retain the Turkish
suzerainty over that country.
The French government is secretly
advised that Montenegro will ultimate
ly abandon Scutari without a fight, it
is reported.
Governor West today issued a roqni
tiou for Frank Murray, who is under
arrest at Donver, Colo. Ho is charged
with larceny by bailee. Emma A. Cliuo,
cigar saleswoman in charge of the
Bowers hotel, says Murray borrowed a
ring from her to get it fixed. Thoy
wore at dinner at the Hofbrau, and
she was giddier than usual from the
offsets of champagne. Tho ring is val
ued at $300, and it was accrtained that
Murray pawned it for $150 before leav
ing Portland.
Adjudication of Water Rights and Sur
veying Will Keep Many Men
Busy for Months.
There was much activity in the state
engineer's office today. J. G. McAllis
ter, who has boon checking up the sur
veys in connection with tho Grand
Ronde river adjudication of water
rights, returned to complete his maps.
E. C. Strickland was preparing to
leave to put in 23 gauging stations so
as to determine the availablo water in
tho Powdor river, near Bakor City. Af
ter three weeks thoro, he will leave L.
D. Howland in rhargo and go . bogin
the survey of Malheur river. Later he
Will be joined in tho work by II. K.
Donnelly, who is now completing Inves
tigations on the Silvles river, which
strenin is now at extrnmo flood, McAl
lister will take three surveyors Into the
Malheur valley during the summer
months.
liny Liijier left yesterday to carry on
similar work In the Rogue river valley.
A Fatal Objoction.
DNiTsn raiss lbissd wits.
Chicago, April 29. As a protest
against proposed legislation unfavora
ble to his race In California, Lar Kie
Rum, a young Chicago Japanese, put t
bullet in his brain In his quartors here
and is dead today. It is believed he
went Insane as tho result of brooding
over the proposed anti-alien land laws
in California.
Bryan Gets Instructions. f
Sacramento, Cal., April 29.
After laying the cornerstone of
the local Y. M. C. A. building
today, Secretary of State Bryan
received a long cipher message
from President Wilson, believed
to be an answer to Bryan's re-
ports on the attitude of the Cali-
fornia legislature regarding pend-
ing anti-alien land laws. The
message, it is said, contains fur
ther instructions for Bryan, and
another executive conference is
expected during the day, when
Bryan will again take up the dis-
cusslon of alien legislation with
the legislators.
THEY ALL BOOSTED
Big Banquet at the Marion Last Night
Attracted Banch of Enthusiastic
Workers.
With enthusiastie boosters planting
their feet under the festive board,
which extended from one end of the
dining room to the other, and about
20 feet to the leeward, Willamette
University was fittingly represented
last night at the Hotel Marion, when
Dr. Fletcher Homan arose and selected
Hon. T. B. Kay as toastmaster. That
Salem's leading institution was boost
ed as it has never been before is
known to every perBon attending the
big meeting. To a man, the university
was accorded not only words of en
couragement, but active assistance. Ev
eryone responded when President Ho
man, of the University, proposed a
plan whereby hands should be raised by
those who desired to offer assistance
in visiting prospective donators tq the"
endowment fund. fc
' After the progressive yoll artists
complotod several rousing cheers, and
the yell of: Salem, Salem, Salem, Sa
lem will back Willamette asd win,"
several persons wore called upon to
voice their views concerning the pos
sibilities of raising some $40,000 neces
sary to complete the $100,000 pledged
by this city.
Tom Kay Live One.
"Thoro aro a lot of men who sit by
and simply hold their property, who
could not only incroaso the value of
thoir holdings, but help the othor fol
low," said Mr. Kay, In response to Mr.
Ifoman's remarks appointing him to the
toostmastor 's chair. "In working for
the incrcaso of a half a million dollars
for Wlllamotto University, Salem
business men and others will realize
one-fifth of this amount in good, cold
cash. What will this mean! It will
mean that manufacturers will begin to
sot up and take notice; tho population
of Salom will grow; with more popula
tion and more factories this city will
forgo ahead to unlimitod success, and
evory man, woman and child will do
rlvo a bonefit.
"We have an avenue which can be
oponod up and which will bring the
Capital City returns never before
dreamed of. If ovory man will hustle,
so that ovory pledge-glvor is visited,
Willamette University will be enriched
by not loss than $50,000 in the next
fow days. 'Qo to it, fullers; go to
it.' "
Good Publicity.
R. J. nondricks was thon called upon
to voico his sentiments, Mr. Hendricks
stated that Salem could bo no better
advertised than to inform tho outsido
that tho Capital City maintains one of
tho most comploto, efficient and up-to-date
unlvorsitios in the United States,
and this ran be accomplished If every
man gets out and hustles.
Doclaring that personal servlco ac
compllKhos wonderful results, and that
there is now at hand the opportunity
for every person in tho city to do some
thing, (leorge F. Rodgors throw a few
hot shots into tho assembly around the
festivo honrd. Ho said that there aro
50-to-l In Salem who are looking for
ward to a greater and butter Salem, and
tlioso very same people should be In
the front ranks In aiding Old Willnm
otto. Among the other speakers were (,', V.
Bishop, Dr. Todd, Max Hureii and Dr.
Human.
Discussion Postponed.
InrtiTico riiNss ijuskd wias.1
Washington, April 29. By a vole of
13 to 1, the senate canals commission
today voted to postpone the December
session discussion of Panama canal
tolls. Senator Tlrandegea registered
the only dissenting vote.
TO
Intends Building Another Line
From Rocky Mountains to
Puget Sound.
THE MONEY READY FOR IT
Will Double Track Part of Ita Lin
and Tunnel Main Range of
the Rockies.
(OMITCO PUIS LB IS ID WISE.
Tacoma, Wash., April 29. Recently
published reports that the Canadian.
Pacific railroad intends building a nev '
line from the Rocky Mountains to
Puget Sound are strengthened today by
the receipt of a cable message from Sir
Thomas Bhaughnessy, president of the
company, now in London. 8ir Thomas'
message that the company is prepared
to spend $100,000,000 instead of $50,-
000,000 heretofore reported to be the
amount. The money already has been
raised. -
'Since my arrival in England," says
Sir Thomas, "my attention has been
called to a published report that an
expenditure of $50,000,000 is contem
plated this year In laying double tracks
constructing branch lines and putting a
tunnel through the Rocky Mountains,
which would provide an alternative
route, with a much easier grade than.9
now exists, and through which electric
ity could be used if required.
"The report can only refer to West
ern Canada, for, as a matter of feat,,
our contemplated expenditure over the
whole system for the noar future, will
be more like $100,000,000, exclusive of
expenditure on rolling stock."
NO GROUNDS FOB ACTION
THE CASH DISMISSED
1 On motion of the deputy district at
torney, the case of the stato against
Mr. and Mrs. Blanch Ford Pickering,
who wore charged with attempting to
prevent an official performing the du
ties of his office by threatening W. A.
Wiost, former principal of the Engle
wood school, was dismissed this morn
ing by Justice of the Peace Webster.
In making the motion for the dismis
sal of tho case, Deputy District Attor
ney Keyos statod that there was -no
cause for action and there was not suf
ficient evidence at hand to convict the
dofondanta of the offonso charged.
A Vote of Confidence.
At tlui close of tho Sunday eveuing
sorvlcos April 27 in the Friends church
in Highland, of this city, a standing
vote for publication was takon by the
church and congrogution which was al
most ununimous, expressing our appre
ciation of our pastor's work, and not
withstanding the publication in the re
cunt Ibsiios of the papers of her and her
husband's arrest, our loyalty and fidel
ity to them is unshaken as we believe
their offortB havo boon for purity anil
righteousness and against corruption
and vice. Signed by Enos Prosnall,
who is clerk of the Ministry and Over
sight mooting,
Robert Bruce Klngsley.
Mr. Kingsloy is a charming man to
meet, and be is stooped in a veritable
atmosphere of music. In appearance,
he has the distinguished air of a wide
ly travoled man of the world, s highly
educated one and an authority on.
music. His faco Is peculiarly sensitive,
and his voice agreeable. Born in Iion
don, England, Mr. Kingsloy 's home is
In Epping Forest, a haunt famous in
Robin Hood's days, and locatod withla
a stone's throw of the maypole men
tion in Dickons' "Uarnaby Rudge,"
An intimate friend of Alexandra Quil
maut, of Paris, of Massenet, and
known personally to Siogfrlod Wagner
and such like people of world-wide ce
lebrity in tho world of music, Mr.
Kingsloy is one of the most ontertain
Ing persons to meet in a decade.
Mr, Kingsloy will give tho European
Travelogue hero at 2:30 Saturday and
tho Faust opera at 8:45.
Ho will be assisted by Madame Her
list Wright in folk songs and arias
and little Anita Laehmuud in folk
dances, giving one of the most onjuy
nblo entertainments ever hoard In Sa
lem, Fasting Caused Doath.
Fasting, which was begun about six
weeks ago, caused tho death by starva
tion Monday of Mary Pratt Varmonter,
.12 years of age, a resident of Sulem,
Ore. She died at the home of her sis
ter, Mrs. II. A. (tonsil, 004 East Sixty
second street, North, Portland.
I"" ,' Ill" i mi ii
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