Daily capital journal. (Salem, Or.) 1903-1919, October 30, 1915, MAGAZINE SECTION, Page FOURTEEN, Image 12

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Oregon Land
By George Palmer Pututun, I you noto occupy so much of the space
On Wednesday iiftornuoii th Ore-!,-" western Oregon.
;oii-Culiforniu Hind grant question mill binds wore cruised nnd frequent
tlit western water power problem as U' o'.'""' ''"'K'f tlmu MO aeres-
,,, ... ' .... ! I"'' niuxiinuiii, you wi H rocull, permitted
.elated to tie . rem bill wore ox-1 Ilni,r tho lvUln, ,,,.us,wJ,r,( ul,llU,
plumed to the Stuto Federation of In thin commotion it uiust !t remember
Women 'a ofiibs by George Palmer I'ut- ed that bind sales worn inndo us early
mini, private secretary to Governor ns 1X72 for nioro tliiin $2.5(1 pr acre,
Withvomnbo. Mr. 1'iit'niiiii .t utiol tlintl and us ourlv lis lH7fS i 1 nnriild lnr.r..i
ho wns presenting the subject ilispus-1
llillllhti.lv unit lint, lirirililln fr mm uiilu
iiiounti'ly and not arguing for one side
Mr. lit imm address follows :
Your president hns usked mo to not
forth briefly tho history und pertinent
1'nots connected with tho so-called lund
grant case, und also tho questions of
western water power uliliwition hiu
iiiK on the Ferris liill,
........ ... , ,,, uu, r,,(.rUl , ,.,, Sl, t.om.
most important before us today, so tar piled at 11 (lent cost, were completely
on the tuildameutal pLyslcnl develop-, dost roved in the Man Francisco fire
meut of the Btate is concerned. It is Thereafter, the company continued to
quite impossible to present them with! keep the lands off the market und
miiv detail in the twenty minute allot-j proceeded to make a new cruiie
t0? , , , , , Honjjli lv stati'd, this meant that
I will, therefore, simply sketch them about two and a half million acres of
in very rough, outline, so Hint those of land in western Oregon was held back
you who ale nut already familiar Kith ! from possible dinolopmcnt Much of
(he involved subjects will at least have' this urea wns desirable from a settler's
ii ground work upon which to base ; viewpoint, mid when would be purohus
Inline study and discussion, j 0rs were refused the opportunity to
inese two Hulijeits ure prolmtily tin
.... ...... , nm, ,,, yn-Ki n , Ilh.si, uorinant acres, and coinmuii
II II 12. Mlllllllld C.llisl fliot inn U'lid ..ti.l!l.,u .1 i ...... ... I !...! t .
Vlllllll. I'lllll llllil t..lwl lli.t 'i. ....
ciiltl tiucd liv tho it, Olill tittl .if l.i . I Tl.
U'oyeriiinent made it a practice to give
companies building through unsettled
regions alternate sections of land ad
jacent to their trucks.
Ill Hiill congress authoried such 11
M'lhsidy or In. id il't encourage the
.onsiriuuou oi a rninoNd north iiml
.iui iiiioiigu western uiegon. The
lieiiotioinry ut this grunt was the Ore-
Kon i. t'liliforniu railroad company. court at l'ortland, mid in that court a
Hie picturesque story of the tight . decree of forfeiture was grunted lu
between early promoters to get the j other words, roughly speaking, the
K.nnt for themselves is too long and! court held that inasmuch as the rail
involved, to relate here, ror a brief, road hud broken the covenants of the
.iccurate and Interesting account of settlers' clause it should forfeit right
rill timl.tii I .,?.. i-.i.i t, 11... j.. ........ I. .1... . .
the matter I refer you to the Meptem
n , . . "
There had been great scandnl in eon-
nection with the l uio.i 1'ucific and
t IT II 41 r till irrillltu nil! n al. .......
ier issues nr me V'regoii Voter.
, ' '" " I com puny io ne the owner of the bind
wa. Inserted a "settlor,, clause" which1 but ruled that as owner it had no right
Bpeetfiod that tho beneflclury of the; to dispose of the lauds except as pre
grunt must noil the land to uctual net-1 scribed in the settles' rlauso of the
tiers, la Mi rods nf not i.i..r H,. i.io ........ v.....i... ,.
oeres to each settler, and for not more
than 42 fill per acre.
After various (iiiimcinl and political
vicissitude the rioiitlierti Pacific- com
pauy beoiinie owner nf the Oregon l'nl
ifornla tHilrond in 1N.V At that time
tho road had been constructed from
rortland lo MoMiunvillo and from
Portland to Roseburg. The completed
railroad totaled 411 miles, and tho area
of th odd-numbered sections granted
tho O. ft 0. company wa V'li.'S.lNU
. . .-. -
aero. For your eotivenienco I have
i i Vl ' . mi tr grain is uie pivot upon whicti turns
ind huiiK there, amp which show thejthe wl.olo big problem. That clause
... i I -Vi V-i i L 7 " ' ". l,uu "'"""'"""'f tHteu that tho lands
cated bjr th totiJ bluck niare which! must bo Md to actual aottlor, In par
- - f t1 "- vf ftiB itiii Am mn ikii tort tuk ktut wrt ik
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The undersigned has closed a deal for the purchase of the stock, good will and business
of the Capital Lumber Company and will take possession November first.
We wish to assure the public that every effort will be made to please, both in quality and
variety of stock and in service rendered.
Our General Office will be removed from 299 North Commercial street to the former
office of the Capital Lumber Company at 349 South 1 2lh street.
Further announcements will be made as soon as our plans shall have been matured.
Falls City-SalemLtlse; Company
349 South 12th St. Salem, Oregon Phone 813
Grant and
Power Problem
tlmn 1(10 acres. In other words, oven
I tit t IlllHO 111 r I V illilnu t)wt H.itlUu' ..I........
'j miiHio iinui'
nils violated; mid tho queer feiiture
in connection with this wns that when
reports of these illicit sides were filed
with congress, no objections were
lu WOX nil J lie unsold grant lands
were withdiuwii from the market, pend
iiiH ft new npprnisnl or cruise. In
is'oii, ttie records of this eiuisi. cm
itics discovereil their growth was being
Hem nacK tnrougn tins policy of uon
s.ile, a state wide ngilation ensued. As
il result the slate legislature of li0?
pot through u resolution niemoralizing
congress to direct forfeiture proceed
ings. In lmw, congress, by joint reso
lution, instructed the attorney, general
or i lie i niteit mates to enter suit for
, forfeiture of the grnnt. The suit wns
entered In the Cult,..! si..t.,. iii.i.i...
to the urniitoil liiii.tn
mi murium appealed the
case to the supreme court which re-
versed the decision and declared the
I . i
However, the railroad appealed the
. ruiiiiiT, it gave congress m
mouths' time to provide rules for car
rying ttie settlers' elnuse into effect.
Kver since the decne of forfeiture
was entered by the district court in
I'ortlund, the railroad stopped paying
taxes, and by the end of this year n'eur
ly a million and a half dollars of mi
raid back taxes will hav accumulated.
Naturally this has hit hard tho oouuties
embracing Inrge areas of grut lands.
Mid the state as well.
The settlers' clause nf ill
grant is the pivot upon which turns
wm tM XI tjy m giti adi frr HI tin wii im iiiiif
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cels of not more than 100 acres to one
settler, und at n price not greater than
$2.o0 per acre. Now the miproma court
hus practically reaffirmed the pro-visions
of that clause, nnd has directed
congress to provide ways und means
whereby they may be fulfilled.
As stated beforo, these provisions
have been disregarded. For instance,
tho S00,000 odd ucres already sold were
disposed of nt an averago price of
$5.25 per acre.
Southern l'ucifie attorneys contend
thut under the supremo court decision
tho O. & C. company is owner of tho
unsold grant lniuis, subject only to re
strictions when it sells mime, lu other
words, the company can do what it
likes with tho hinds, they say, provided
it does not Boll them "for more than
$2.50 per acre or in quantities of more
tlinti 100 acres to a Binglo purchaser.
Amiarclltlv. the Himr.-mi. cimrfu .l.i.
, cisiou puts up to congress the question
us to whether or not the coiniuy may
sell the timlior off flu tnii.lu
There is nothing in the decision which
will require the compuny to sell its
lands in any given time, lu other
words, us matters now stand, tho com
pany, uppurently, may hold its Innds
unsold forever, if it sees fit.
It is perfectly patent that a large
proportion of the unsold lands are
worth far more than $2.50 per ucre.
The I'nitcd .States supreme court in
its decision gives nn uverugo per acre
value of $12.00. The assessed valua
tion, as reported by the Oregon- .State
Tax commission in' loir), averaged
$10.47 per note.
On the hind thus far sold the ruil
road's total receipts have been in ex
cess of $",ri00,0(i0. Its expense in
cruising, administration, tuxes paid nnd
unpaid total about $fr00,000, an
amount practically equal to what it
lins thus far received.
4 grout ninny theories and plnnshave
been advanced. It has lieeii suggested
that congress pass legislation hasteuiug
the sale of the land, nnd in euch a
way that the excess of the amount re
ceived ever the railroad's equity bo
given either in part or in whole to the
state for its school and otlier funds.
Koine there nre who would have the
compuny forced to immediately place
Its lands on sale nt $2.50 an arro, and
no more, ami then, presumably, estab
lish who wns to get first choice at the
best tracts through a lottery or similar
scheme. Tnder this head, it should be
remembered that there are hutidreds
of settlers who have "squutted" on
these lands, many of them in good
faith, thinking they could purchase
them on the $2.50 per acre basis; these
feel they are entitled to n preferential
right in obtaining tho 100 acre tracts
they are occupy iug. One plan was ad
vanced that the state bond itself, buy
the lauds outright from the railroad at
a stipulated price assuming that con
gress would niuke possible such a trans
action and then sell to actual settlers
at market value, the state retaining
for its school and other funds the large
profit which, on pnper, wows assured
from such a transaction.
To discus the entire question, and,
if possible, to formulate some expres
sion of state-wide desire iu the prem
ises for the advice of congress, there
m-r in this room, lu the middle of Sop
t 'tuber, a conference. It u called
ff iiiaitfii i am m nm ,i
by Governor Withycombe and was rep
resentative of all the counties directly
iutt rusted, and of tho several organi
zations properly concerned with the
mattw. After two days of oratory,
debate and general enlightenment, two
resolutions were passed; the first ad
dressed to congress, requested thut the
rigiual terms of tho grant be enforced;
thut is, that the railroad be compelled
to comply htrictly with the provisions
of the settlers' clause; the Becond em
powered a- committee, headed by the
governor, to confer with Southern Pa
cific representatives, to come to some
understanding, if wssible, so that the
iands could be opcuod- to prompt set
tlement and development. This con
ference will he held here on November
It is said that tho wisest man, under
any circumstances, fears to predict in
advance what congress will do. In this
case, rue, uiuieultios of prophesying
nre especially apparent.
One fact at least was brought out
clearly nt the land grant conference;
namely, Oregon is practically united
in its hope that no steps will be taken
which might place all or a part of
these lands in forest reserves. On this
head the four has been entertained that
congress might do what it hns been
suggested that Oregon does; that is,
buy the land outright from the rail
road. If the nation did this, influenc
ed ed by the eastern congressional ma
jority enthused with conservation theo
ries, the development of these ninny
tiores would bo still further removed.
I have given you a very crudo and
hasty sketch of this laud grant ques
tion. I have omitted much, that should
bo considered. I have tried to set the
matter beforo you dispassionately, ar
guing neither for one iuterest or plan
as opposed to another. The fate of
two and a half million acres of land,
much of it productive, is . a subject
with which the citizens of Oregon
should be vitally concerned.
1 was also asked to say a few words
about the question of western water
power development, as affected by the
Ferris bill. This subject, you recall,
was threshed out exhaustively at the
recent water power conference of -western
states, held in Portland in .Septem
ber. Water power experts, ablo engineers
nd distinguished statesmen devoted
hours at that conference to single de
tails of the big complex subject. I
have now about four minutes left iu
which to cover'it all!
In a nutshell, there is before congress
a piece of legislation called "the Ferris
bill. Roughly speaking, it proposes
that water power derived from streams
running through federal lauds be regu
lated more or less absolutely by fed
eral authorities. It proposes to lease
to developing companies any such wat
er power, the lease as the bill now
stauds--to last for fifty year. At
the ond of that time, if it sees fit,
the government cau buy the plant and
businesn of the lessee, after appraisal.
During tho term of the leae, the opor-i
ating company would be paying a spec
ial tax to the federal government, on'
the power it developed aud the busi
ness it did.
The Ferris bill is backed by Mr.
r.aa secretary of the interior, n byj
tie Democratic majority in congress.
It is claimed to safoimnrd nnr wo Kir
powers and to retain a public interest,
or owuersnip, in tnem, as opposed to
independent private development. In
trinsically, it is an mrnrnssiiin nf fo,l,r.
al control as opposed to that of tho
........ - : ... .....
oimo. curiously, it is tne party of
Andrew Jackson, thn first nn..i nf
sttatcs' rights, which is fathering this
uigiaiuuuu mine conirnuiciory to sucn
principles of individual state sover
eignty. Those opposed to the Ferris bill as
it now'stnnds it may, of course, be
amerded materially and who are fun
damentally against the principles in
volved, declare that the state should
itself manage the utilization of its own
resell) eta.
Exponent of the state rights theory
declare that even though the govern
ment control the lands through which
the rivers pots nt the point where it is
proposed to develop power, it is unjust
for tho government to attempt to thrust
down tho mouth of the state a burden
some system for leasing the waters
which are its own nnd establish a bu
reaucratic administration of internal
state development from Washington.
Tho state is ablo to care for its own
resources, they say. To them the pro
visions of the Ferris bill mean primar-'
ily enlarging the scope of the principles
of that sort of federal conservation
which in the past has done so much
to throttlo the development of the west.
Conservation of this kind, long-distsiuce
regulation and the nncm, c
the forest reserve plan at the expense
of tho man on the ground is not de
sired, nay they. And as an illustra
tion of what too much federal control
and too much conservation has already
done lor us, they cite the lesson of that
map. b!ightly over 50 per cent of Ore
gon today is untaxed. Home of this
untaxed rren, of course, is land now
open to Btttlement, nnd some of it is
Oregon-California railroad land. But
" I'" ceui or tne area of Oregon is
safely removed from taxation aud de
velopment in the federal forest reserves
Hie best that I have been able to
do is to give you an introduction, so
to speak, to these two big questions.
I hope you will find it worth while to
strike up a real acquaintance! You
ladies who now nre voters anl who
are devoting so much time to intelli
gent discussion of affairs of state
wide importance well may familiarize
yourselves with the manv issues in
volved in the land grant and water
power p'oblcms, as thev are certain in
the future to be linked with the eco
nomic ana political history of
staro, ne much of that history
biuud to be made by Oregon women
(Capital Journal Special Service )
Falls City, Or., Oct. 30.-I.ouie Bal-
! sfv"n. ' arraigned in Squire
Hubbard court Thursday morning on
the charge of bootlegging. He entered
a plea of guilty and was assessed a
iV,'.. ,a0 fwt "mounting to
$12.75. Having no money to pay his
n Bit, wittt his hands securely
handcuffed, in company with Sheriff
Orr for the Polk county boarding house
where he will have a rest of 25 days
Balbw wa accused of Belling the lipUOr
at a dance at Joe Gages on the 13th of
September, during the hop picking sea
son. He is said to have been engaged
in the illicit traffic of liquor for some
Mr. and Mrs. X. Selig will leave next
week for the fair at San Francisco.
Mrs. J. C. Talbott, Mrs. Edna Wick
ard and Miss Kate Kief visited with
Dora Elkins at Dallas Tuesday.
Mr. and Mrs. Boy Black of Dallas
visited Mrs. Black's parents, Mr. and
Mrs. E. A. Titus, this week.
Wm. Finley went to Portland on
business Tuesday, returning home
The sewing club will meet at the
home of Miss Bertha Frink Tuesday.
Mrs. John'Walker pntortninml nt lior
ome Friday night to a dinner, Mrs.
Edna Wickard and Miss Kate Kief of
Chauute, Kans., J. C. Talbott and wife.
nun miss jjeruia irniK.
A dinner imrtv wno narvoA nt tln
home of Mrs. M. L. Thompson Saturday
night in honor of J. C. and Mrs. Tal
bott, Bertha Friuk, W. A. Grnhnm, Nor
ma outnerun, or flu em, Mrs. Edna
Wickard and Miss Kate Kief of Cha
uute, Kans.
The History of the World
From the Dawn of Creation
The Great War
Is depicted in art, science and industry
and presented in -wonderful colors
Ban Francisco
This wonderful Exposition close Dec. 4
Don't Miss It,
Lest you always look back to 1915 with
regret ,
Scenic Shasta Route
, Through the wonderful Vallcjis of the
Willamette, the Sacramento, the limp
qua aud the Rogue offer exceptional
Low" Round Trip Fares
Full particular with copy of booklet
"Wayside Notes, Shasta Koute" or
' California and Its Two World Exposi
tion" on application to nearest agent
John M. Scott, General Passenger Aeoit, Portland, Oregon.
Oregon Day at Panama-Pacifc Exposition
October 30
ttfflrrnmmtmmttm ti fimiii i ill mrrniTtmirmmamagn:
(LaGrando Observer.)
For some time" a big bear haj bta
committing depredations on sheep uil
stock on Heaver creek below tne inf
er 'a station, and last Saturday the rt'
ages were finally stopped. A poise of
men was organized on the Frank Stil
wel place to hunt Mr. Bear to a finish
and they did. Several ot them wen
present when the beast was eornered
but Mr. Pender, a camp tender, ogt the
first lead into the big fellow, and kl
therefore claims the skin. The btu
gave fight, and it was only when 2J
distinct holes had been bored in his
body he gave up, but in his fight came
nonr to laying claws on one of U
hunters. M. McMurrnv brought men
of meat to town; Saturday evening
and says that he hns never seen Dr
with so much fat on it, but y t
meat was not delicious because of tie
. ... ertA
oge, The animal weighed over jv
Whatever the soldiers of the iffin
are singing, it is to be presumed tbij
"Deutschlund Uober Allies" i
found suitable by The Teutons.