Daily capital journal. (Salem, Or.) 1903-1919, June 22, 1914, Image 1

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Full
Leased Wire
Dispatches
Today's News
Printed Today
1rh ry w
THIRTY-SEVENTH YEAR
poTrF rFNT ON T1AIN8 AND NEWS
PRICE TWO CENTS STAND 3, ITVB CENTS
SALEM, 0BE0ON, MONDAY, JUNE 22, 19H.
f mnr
',in M I
DIM .
0.
ACRES
TIRE. TO 2
IN CALIFORNIA, ESTIMATED TO
SGon.iirjn.ooo lies
LAND
BIT
WTH
S. P. CO,
Cleveland and Detroit Citizens, Who Sought Mineral Patents
on the Property, Are Involved in Test Suit
Brought by Burke and Lamprecht
UNITED STATES SUPREME COURT
ANSWERS SEVEN LAND QUESTIONS
AUTOS WILL PARADE
EXCURSIONS ARE PLANNED
MOTORCYCLE RACES DRAW WELL
Decorated Auto Parade Will Be Uw
Biggest and Best Ever Pulled Off In
Capital City.
In Decision of Court, Petroleum Is Defined as a Mineral and
That Is So Classed in LegislationLands Granted
on the Theory They Were Agricultural
Washington, Juno 22. The 1'nited, itations bars suit by the government to j
Status smm.niB court todnv dec , ed n! cancel patents or date later man
the Southern Pacific railroad com-l. Th'' ,an,.1.s in V" were granted
I to the railroad on theory that they
pany's favor in the two test cases of wr0 n(,rioultural. When it was found
Kdmiind Burke and J. J. Lamprecht, that they contained oil deposits, the
attacking t'ne railroad's title to 200,000 !t its ruled on by the supreme court to-
acres of California oil lands estimated
to be worth $:00.0O(t,iMiO. -
Besides Burke arid Lamprecht, there
were involved in the litigation, Califor
nia, Detroit anil Cleveland citizens who
sought mineral patents on the property,
which the company held under oil con
struction grants.
Minerals Not Included.
day were broght to set the railroad
Interest in the Cherry fair in the
smaller towns of the valley has resulted
in the organization of a number of auto
excursions which are planned for fair
week, and on Friday, which will be Independence-Monmouth
day, about 50
auto loads of people from these two
towns wilj visit tho Cherry fair. The
autos will form in lino of parade in
West Salem, where they will be met by
a committee from the Cherrians and
will parade down Commercial stroef
and out State street. J. S. Cooper, Jr.,
secretary of tho Independence club, was
in the city today and says that beside
the auto excursion which he is planning,
several hundred people -will come over
on the trains on Friday to visit the fair
ami witness the motorcycle races.
The automobile parade committee
which has charge of tho floral parade
to start at 1:00 p. m. on .Thursila
', ! reports that a large number of deeorat-
'!.! Ill U !.. H.- .......I..
tl uuius mil Ml' ill m pa'.uutT, aim
that not only will it bo the largest
parade of autos ever lined up in this
city but that the decorations will far
eclipse any ever attempted in former
years. Vick brothers havo offered a
special prize of $2j for tho best doi-
in addition to the tlm
Latest Action Photos of
War Operations In Mexico
patents asido on the ground that, being I rJjJg,j y0.jj
.V ; 7. . , - r'-i , in cash prizes offered bv the auto corn
not ontitled to them and individuals ... ',, . ... ... ,i
llllllt'V. lilt; I'ri.vs will uc ttwumuu an
preemptors hail a riUt to file them.
Court adjourned today.
The decision of tho court was un
animous. In holding generally in favor'
of tho Southern Pacific company s title
to the lanils in nnpntinn. thA nnininn aniil
mm. . 1. ...... l ........... ..,nat:nr.. . i 1 ... 1 '
iiie i-uuii iiunni " the govomment mav still sue to invali-
as follows: ... , date the railroad patents for fraud, but
1. Did the land grants to the railroad t)mt tho r8iroa,i., title is safe against
include mineral lands, known to bo such' 0,atral attai.k by private persons to
get mineral grants through the claim
J'l IUI IU lllU lfl9lluill'D u, fclll- o
patents in 19-11
Answer. Jo.
2. Does a patent under a grant ex
cluding mineral land, issued, however,
without any federal investigation, con
vey lands afterward found to coutniti
minerals?
,Answer. In effect, yes.
3. Is a mineral reservation of pat
ents void f
Answer. Yes. ,
4. If a mineral reservation is void,
then is a patent conclusive evidence
tnat land is agricultural?
Answer. Yes. ,
Petroleum Is Mineral.
5. Is potroltv.m a mineral within the
land patent law
Answer. Yes. ,
6. Is a plaintiff barred from claiming
land because he had no interest in it
when the railroad secured its patents?
, Answer, les.
7. Is the railroad barred from deny
ing the validity of the mineral resepva-
tion clauseT
Answer. No.
Railroad Title Good.
The court expressed the opinion that
the railroad s title to land in contro
versy was at least better than that of
"outside" persons advancing
that their title is superior to that of
the railroad.
MINES MAY BE CLOSED
COMPROMISE PLAN SUGGESTED
President of the New Union Declares
It Has No Connection With the
I. W. W.'s Mass Meeting Is Called.
Butte, Mont., June 22. The forma
tion of an independent union to control
mining in this district resulted today in
a widening of the breach between the
seceders and the remnants of the West
ern Federation of Miners local. Dis
gusted with the bickerings of the two
factions it was reported that the em
ploying companies would close the mines
until the Workers can settle their dif
ferences. Michael McDonald, president of the
new union, denied today that he in
tended to compromise with the Western
Federationists. He said his organiza-
rivali "on wa9 not at present affiliated with
Claims. The government was held, how
ever, to have been practically negli
gent in granting patents to the lands
without investigating to determine
whether they contained minerals.
In giving the "popular" construc
tion of the ease," Justice Vandevanter
any national union, and also denied that
the new union had any connection with
the Industrial Workers of the World.
Presidet Charles H. Mover of the
Western Federation of Miners issued a
call todav for a mass meeting tomor
row, at which he will submit a plan for
claimed petroleum is a mineral and, compromise o .ne differences between
tne warring reciions.
TRUST AND ANTI-TRUST
BILLS TO BE CONSIDERED
that congress has so classed it in legis
lation.
Issue Is Grave One.
He pointed out that the issua involv
ed was a grave one, inasmuch as it af-
fected not only lands owned by rail-' Washington, June 22. Consideration
road companies but millions of acres of the administration's trust legislative
sold by them to famers and for cities. ! program was expected to begin iji the
Referring to the original land grants senate this afternoon. As soon as the
to the Southern Pacific, he intimated; Indian appropriation bill has been dis
that the secretary of the interior should I posed of, Chairman Newlands of the
have inquired whether the land was1 committee on commerce, planned to call
subject to entry before issuing patent?. up the. trade commission bill. The sen-
The court would not rule, he added, ate judiciary "committee also was con
as to whether or not the statute of lim-. sidering the Clayton anti-trust bill.
follows: First prize, $75; second pnz,
J;"; third prize, $:10; fourth prize, $15;
fifth prize, 10.
. Prizes for Beauty.
Tiio committee states that beauty or
design and originality will bo consid
ered in awarding prizes, and preference
will bo given to natural flowers, but
both natural flowers and artificial
'nwers may be used for decorating.
The judges will be strangers to all par
ticipants and the awarding will be made
by number with the nnmher of th car
to be used for identification' by the
judges.
The following auto owners have
promised to enter decorated cars:
A. J. Anderson, Salem fire depart
ment; Oeorgo II. Burnett, James W.
Crawford, W. C. Knighton, T. B. Kay,
F. A. Elliott, Ray L. Turner, Charles
A. Glaze, Mem Pierce, W. H. Lerchen,
J. H. Albert, Recs and Klgin, R. S.
Melson, J. P. Rodgers, William S. Wal
ton, H. J. Wcndroth, C. C. Foreman, H.
C. White, W. C. Hamilton, Mcllenry
and Eoff, R. F. Peters, Oeorgo F. Rod
gers, H. A. Cornoyer, H. W. Meyers,
Dr. P. J. Byrd, Earl H. Anderson, Vf.
A. Bulock, Dr. R. E. L. Steiner, C. M.
Rppley,' Thomas R. Townsond, F. E.
Mangis. E. M. Howard, Miss Jennie
Fry, Miss Mary Eckerlin, D. O. Olm
stead, R. H. Wassom, L. H. Hofer, W,
H. Darbv, M. E. Pogue, F. O. Deck
bach, II. A. Johnson 3c Co., G. V,
Gray, Mrs. Asahel Bush, Jr., Georgp
H. Graves, E. h. Harris, Miss Ha
Spaulding, Miss Paula Linn, John D.
Caughill, J. C. Evans, L. J. Chapiw,
Ralph D. Moorea.
The following is the route of the
parade
Automobiles decorated for ths parade
will form on North Commercial street,
commencing on Marion street, motor
south on Commercial street to Trade
street, countermotor north on Commer
cial street to Ferry, east on Ferry to
Liberty, north on Libcrtv to Stnte, east
on State to Twelfth, north on Twelftn
to Court, west on Court to Liberty,
south on Liberty to State, west cn State
to Commercial, north on Commercial to
Court, east on Court to Liberty, north
on Liberty to Chemeketa, east on Ch
meketa to Cottage, south on Cottage to
Wilson Park and disband.
w , t if, $ '4
Si iwM"
::n -ji iiiMMiir -
" " , " -j
FIGHTS VITH MANIAC FIERCEST BATTLE
OF THE REBELLION
OFHCER MAY GET MEDAL
I INSANE MAN PLUNGES INTO BAT
Patrolman Struggles With Maniac For
Three Minutes ad rin&Uy Brings
Him to Shore Fifty Feet Away.
Seattle, June 22. It is believed Pa
trolman V. M. Gilley of the local police
department will be recommended to
Police Chief Griffiths for a medal as
the result of the successful attempt by
Gilley Saturday night to rescue Alex
McLennan, insane from a determined
effort to drown himself in the waters
of Elliott Bav.
Gilley, patrolling his beat, was called
by bystanders to watch tho man, who
was acting queerly.
When McLennan saw the officer he
plunged off a trestle with a wild shriek.
. Without a moments hesitation, Gilley,
fully drossed, pluuged aftor him.
J he maniac fought savagely and for
a time both combatants disappeared,
but after a terrific strugglo that lasted
three minutes, tho officer fought free
from the strungle hold McliCiinan had
on his t h runt, slipped a handcuff over
ono wrist of tho insane man and towed
his ashore, fifty feet away.
CITIZENS OF VENICE
THREATEN RACE WAR
Nogroes With Whlto Girls Are Object
of Ire of Mob Knives Are Flourish
ed and Officers Use Night Sticks.
Ill
MEXICO
111
Federal Garrison atZacatecas
Is Said to be Entirely
Surrounded
Photos copyright, 1914, by American Press Association.
ARKIN'G time has heen tho progrnm for the United 8tntes forces In
Mexico most of the time of late, the soldiers speculating a groat deal
on Just how rapid will be General Villa's advance on the federal
forces at Mexico City. The Constitutionalists hav made important
advances southward during the last few weeks. In the Illustration (at the top)
is shown the advance guard of Villa's army entering the city of Saltlllo, and
the lower photo shows two federal fighters making their escape from the
rebels by means of a railway handcar.
BOYS OUTNUMBER GIRLS
GIRLS LEAD IN BEAUTY, THOUGH
Committee Working for the Biggest and
Best Baby Show and Children's Par
ade Name List of Prizes.
Judging from the ontries that are
coming in rapidly for the baby show
and children's parade to be held on
Friday next, the tiny misses of 8aloi
participating in the event are apt to be
outnumbered by the boy babies. The
list of entries to date shows a considei
ablo larger number of boya than girls,
though doubtless in a beauty contest
the representatives of tho tairer sex
can scoro a victory with lewer num
bers. Final arrangements for the event of
Friday are being made, and at 10:30
on the morning of tiiat day one of tht
best features of the Cherry fair will be
in readiness. The following ladies com
prise the committee, which is working
for the most successful baby show and
children's parade ever staged in Ore
gon: Mrs. Everett A. Anderson, Mrs.
dian" suit 2 pairs Doling gloves, do
nated by Ben W. Olcott.
For fattest girl baby not over 18
months baby toilet set, value $2, do
nated by Commercial Book Store.
For fattest boy baby under 2 years
1 shoofly, value $.'!, donated by Josse
& Moore.
MAYOR OF COPPERFIELD
IS SHOT THREE TIMES
While Building Fence About His Place
Former City Official Is Wounded
from Ambush by Parties Unknown.
BURGLARS GET JEWELRY.
Los Angeles, June 22. Burglars
smashed a plate glass window of the
Nordlinger Jewelry company early to
day and stole jewelry valued at $300.
i The window cost .t 00.
Coppcrfiold, Ore., June 22. Believed
to have been the victim of enemies he
I mnde whilo mayor of Copporfield, from
wnicn position no, along witn otner
town officials, was removed by Gover
nor West last December, and tho town
placed under martini law, Henry H.
Stewart was shot and probably fatally
wounded by an unknown person or per
sons while building a fence on his
ranch near here toduy.
Stewart was working nlonc at the
time and the first that was known of
the trngedy was when he staggered in
Venice, Cnl., Juno 22. Serious race
trouble was threatened here today when
a mob of whlto citizens surrounded
four negro men who had come from
Los Angeles with two whito girls, Tho
negroes flourished knives ami wcro be
ing shouldered by tile crowd when Chief
of Police Nettleton and four patrolmen
fought their way into the mob and
arrested fivo of the party. The offi
cers were compelled to forco the crowd
back with their night sticks before they
could clear a way for tholr prisonors. ,
One of the girls escaped during tho
excitoinent. The other gavo her name
as Pearl htepliens. She was released
on $25 bail, furnished by one of the
negroes, who were held pending an in
vestigation. For an hour aftor the arrests, several
hundred men anil boys surrounded the
city jail, returning repeatedly whon
driven away by the police. .
- The cup offered by Major Carl
Abrama for the ilrd Batallion shoot was
won by tho Dallas company with Wood
burn socond and Company M of Salem,
third, ('orvallis made the low score.
Two of Salom's best marksmen, Corpor
als, 11. R. Adkins, and M. L. Hill, were
absent and it is thought that had they
been present to add thoir usual scores
to the average that tho Salem company
would have taken first plnco with easo.
Lone Oak track is beginning to liven
up now that the racing season is open
ing. Soveral Snlemites with harness
possibilities were out on the turf yes
terday morning while the usual bunch
of stable animnls at tho track were re
ceiving their regular morning warming
up.
MUDDY ROADS DELAY
MAIN BODY OF TROOPS
Mediators Confer Today in
Attempt to Save Peace
Negotiations
Snltillo, Stcx., Juno 22. General
Villa was concentrating his forces
about Zacatccas tony. The rebel at
tack on tho city did not begin Sunday,
as had been expected. Tho roads were
so bad that their full strongth was un
able to reach tl;o sceno of the hostili
ties in time.
Todny, howevor, they had the feder
al garrison entirely surrounded. So
complete was tho investment, it was
said, that it would be impossible for
tho besieged nrmy t.i h . '- Vr-v ' -in
case ;f . -
'ere s..
illl' !.!.l:
n. o
fields
gan. 1 .
assault would Degui w.o
sngos received here said, was preparing
to storm LaBufa hill and Guadalupe
mountain, fortresses defending the city
on tho north and southeast. It was
understood that he himself intended to
lend tho nttack on LaBufa in person.
The hill has been tho scene of several
desperate battles. The French took it
by storm during Maxmillion's regime
nnd nearly capturing General Benito
Juarez but the day following its cap
ture by Juarez and his men returned
and routed the French.
In anticipation of the coming fight,
the hundreds of men employed in the
mines tunneling into the hill's slope
abandoned their work today.
Skirmishing in Progress.
Torrcon, Mex., Juno 22. Although
outpost skirmishing was in progress
about Zacatocas today, indications were
that delays duo to the conditions of
tho roads would delay a general attack
on the city by the rebels for perhaps
as much as ten days. ,
Against the federal garrison of
about 10,000 men under General Bar
on, General Villa had an army of near
ly 30,000 surrounding the town. The
federals, howovcr, were strongly en
trenched and artillery was needed to
support an assault. Villa has the guns
but has not yet been able to bring them
up through tho almost bottomless mud
and many washouts botwecn Cnnitas
and Zacatocas.
, i, s., IU nil hwiiiu ijiitcuiiii. nuiunny 111,111 u
Chauncey Bishop, Mr,. Ben W. Olcott,. d , , . f ' , ,
Mrs. Frank Spears, Mrs. Charles L. I , t. . . .. ..,,,. ..... k,, ,
aim unwind! in mi, uiwwiiicii junv iii-iwn
the ribs.
A physician summoned from Halfway
gave no hope of recovery.
Since being ousted by Governor West
Stewart has been engaged in farming.
Decision of Interstate Commerce
Commission Is Victo ry fo r Oregon
R. R. Commission--Rates Lowered
Wellington, Jun- 22. The inter
state commerce commission today ruled
in favor of a reduction of railroad
rates on wool, hides and other commod
ities of a similar nature eastward from
western points, and ordered the rail
roads to refund to shippers "unreason
able" charges plux six per cent. The
decision was a victory lor the Oregon
railroad commission and the National
Wool Growers' association.
The suit of TfiJch the above is the
outcome was begun before the Oregon
railroad commission in 1903 on the
complaint of the Malheur Wool Grow
ers' association, asking for a consider
ation and readjustment of rates from
Vale to Atlantic coast points. The
same year, it was carried to (-ie inter
state commerce commission, as the Na
tional Wool Growers' association took I for the same lot from that point to
a hand in the matter, and complaints ' Boston more than 3,000 miles,
were filed from every state on the The O. W. R. & X. put up the argu
eoast. ! ment that as it gathered up the wool
In 1912 the interstate commerce com-' and delivered it to the Short Line at
mission decided thai wool in sank Huntington, it should have as much out
should take the fourth class rate, with of the haul as the other roads got. An
a minimum of 24,000 pounds to the car. every other road over which the wool
This decision was made in January anil ' was hauled was as justly entitled to
modified in November of the same the same rates, as much as all the other
year, and now comes the final order, i roads, the fallacy 6f the argument is
The complaint was-based on the sys-! evident. This is on? of the rates and
tem used by the O. W. R. & N. under ' rules the railroad company did not ask
which the iiarges from all Oregon permission to raise. It is just such
points to Huntington were the same as cases of barefaecd robbery that place
Tie charges from Huntington to Bos-1 the railroads at a disadvantage when
ton or other Atlantic coast points. Thls'tbey ask for something they are justly
was carried to the extreme that wool ' entitled to have. They one and all
shipped from Durkee to Ifiintiugton, a , overlook the fact that "before they
distance of about 20 miles, paid for can demand justice they must do jus
t lie haul just the same as was charged i tice."
Mc.Vary, Mrs. V. G. Shipley, Mrs. Wal
tor Spaulding, Mrs. (leorge E. Waters,
Mrs. George G. Brown, Mrs. W. M.
Hamilton, Mrs. Hay Grant, Mrs. J. H.
Lanterman, Mrs. E. Cooke Patton, Mrs.
S. A. Kozer, Mrs. John J. Roberts, Mrs.
Oswald West, Mrs. George F. Rodgers,; J 1
Mrs. Max Buren, Mrs. R. B. Fleming,; COLD WEATHER INTERFERES
Mrs. George I.. Rose, Mrs. W. 11. Dancy,
Mrs. Frank Myers, Mrs. W. Carleton
Smith. Mrs. John D. Caughell, Mrs.
Thomas B. Kay, Mrs. J. E. Allison, Mrs.
John W. Roland, Mrs. Thomas C. Smith,
Jr., Mrs. Charles K. Spaulding, Miss
Ruby Cornell, Miss Jessie Keeton, Miss
Matilda Eckerlin, and Mrs. Frank K.
Lovell.
Additional Prizes,
The following special prizes have
been offered in addition to those in
cluded in the list of awards:
The best appearing boy under 10 ana
over 6 vears in "cowboy" or " fn-
18 Union Men Walk
Out at Ryan's New
Market Early Today
Eighteen union men walked out of
the It. R. Ryan market building this
u7T.ro Tmnmm n.noi.n'w i morning, striking Ijecanso flir. Kyan rc-
fuspil t( (ii!M.harK0 a non-union painter
Poughkeepsie, N. Y., June 22.-Rainy w,'. "hnl 0,1 tho b t10,,B7- . .
cold weather aKain interfered today' j"0 rtnk.c r! emunmeA ot me"'
with the work of the Hundred or more i ,work"r!,! lenn' ''!
oarsmen in training here for Friday 'g ! ffi" 0."1' ,,:,,;k maso"H' am J 'he
big intercollegiate race on the Hudson I 'nte"'' to 1,01,1 a mctln this evening
. . - fnr tho fnirfuwn fif (litcnl l nt wnat Will
ricer. I oach Com hear of the Washini!-!. . '. 1 .
ton crew said his men were badlv in
need of clear weather, and that he plan
ned to take his oarsmen out twice a day
from now on if weather and water con
ditions permit. The Washingtonians
took an easy paddle this morning op
posite Highland, but this afternoon a
stiff workout was planned.
The Weather
LEADING ATTORNEY DIES.
RAIN WoUUnTi
Generally fair
east, unsettled
west tonight
and T u e sd ay,
probably rhow
ers; warmer east
i portion Tuesday,
winds mostly
southerly.
Portland, June. 22. Cyrus A. Dolph,
for many years one of the leading at
torneys of Oregon, died here today at
the age of "3. He. has been ill since
early in January when he was compellod
to cease active practice.
During his lifetime he participated
in many of the great movements for
the development of the west and of
Portland, his home since 1862.
The Swedish Ladles' Aid society of
the Swedish church will meet at the
Wikberg residence, Salem ellights, to
morrow at 2 o'clock p. m. All are welcome.
be done in regard to tho alleged in
fringemcnt upon organized labor which
has been working on the market struc-j
tu re.
Union Makes Offer.
According to one of the contractors
who has been working on tho building,
union painters told Mr. Ryan that he
would havo to discharge the non-union
painter, but, according to the contrac
tor, liyun said that tho non-union paint
er would remain on tho job.
Wholo Bunch Quits.
Kvcry union man employed in finish
ing the building, about 18 in number,
walked out when Mr Ryan refused to
discharge the man, and a general row
ensued between the union men and Mh
Kyan, according to reports.
The men declare they have offered
Mr. Ryan ovory concession and have
further assured him that if he dis
charged the non-union worker that they
would finish up certain pressing work
Mr. Rvau was made an offer by thoifrec of charge in order to enablo the
- ... .. rt "ii. L.l 1 I. L- .
pointer's union members that they
would prime and tint the rails of the
couth half of the ground floor of th
building in which tho cherry fair is to
bo held, for nothing, providing Mv.
Ryan would discharge the non-union
painter whom he hired a week ago. Mr.
Ryan, according to the contractor, re
fused to accede to this offer, saying
that he would employ the non-union
man to finish up the priming work in
three days and then hire none but union
men on the job.
This proposition was made to Mr.
Ryan about a week ago, stated tiio con
tractor, but the builder failed to have
the work finished, anil when the union
men arrived on the job this morning
the non-unionist was still laboring. The
Cherry fair committee to hold its show
in a completed quarter of the building.
Tho rooms in which the Cherry fair
will be held are completed with the ex
ception of the final touching up, the
latter work being offered free io the
owner of tho ouildlng upon conditions
above stated.
Claims Delay.
The union men claim that by reason
of the non-union painter being retain-
1 by Mr. Ryan, the work of complet
ing the wiring, plastering, sheot-metal
work and carpenter jobs has been de
layed several days, and that Mr. Ryan
has neglected to keep a written agree
ment signed by himself to dispose of
the .non-union man within three days
after tbe unions served notice. -