j ! TflE BEST :; TflE LARGEST ! CIRCULATION NEWSPAPER j; . ? 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 ,,: