anaheim-gazette 1909-06-24

MUST HAVE GRAZING PERMIT LAW REGULATES USE OF GOVERNMENT LANDS Stock May Not Be Fed on National Reservations Unless License is Obtained—Statement by District Forester Concerning Recent Decision [Contributed to .The Gazette] San Francisco, June 20.—A somewhat prevalent misunderstanding of the significance of the action recently taken by Judge Wellborn, of the United States District Court for the Southern District of California, northern division, in dismissing indictments against three sheepmen, Cazajous, Grimaud and Inda, charged with having unlawfully grazed sheep without a grazing permit upon a National Forest, has led Acting District Forester Hatton of San Francisco to send to all Forest Supervisors in California a letter explaining the situation in the following passages: "In connection with this case my attention has been called to a newspaper clipping referring to Judge Wellborn's decision as follows: 'This decision means, in effect, that from this time on there will be no restriction of the grazing which may be done in the hills, a matter of great interest to those who have herds and flocks in the mountains.'" "Another statement which appears in the clipping is as follows: 'Grazing will be permitted ad libitum on forest reserves until Congress can enact new laws to cover the situation.'" "The language above quoted indicates an entirely erroneous conception of the effect of Judge Wellborn's decision. Judge Wellborn did not question the right of the Secretary After remarking that, since the United States District Court for the Northern District of California has held contrary to Judge Wellborn's decision, there is no reason why criminal prosecutions may not, in proper cases, be brought in that court, the decision of which has equal authority with that of Judge Wellborn, the letter continues: "It is proper also to call attention to the fact that, pending the appeal from Judge Wellborn's ruling, there has been no final determination that it is not a crime to willfully violate the grazing regulations, and if in any case flagrant abuse is attempted in the meantime, the guilty party will, if the Supreme Court disapproves Judge Wellborn's ruling, be liable in every case to criminal prosecution, and to a fine of not more than $500 or imprisonment for one year, or both, as provided by the Act of Congress approved June 4, 1888." TWO KINDS OF FARMERS The American the Hardest Worked Man on Earth There was recently published in London a book entitled, "My Life in the Open," in which a globe-trotting Englishman tells of his observations. He spent part of his time in America, and gives curious and sympathetic comparison of British and American farmers: The farmer of the United States is one of the hardest workers in the world. The better class English farmer, whether seasons be good or ill, grows jolly and fat in his congenial occupation. He grumbles a good deal but soon forgets his troubles over a flagon of ale or a glass of port, or in the heat and hurry of a flying forty minutes with the foxhounds. He "manages" his farm from a pinnacle. CARNEGIE In the last few Andrew Carnegie first time and amount he had and the district which exceeded mary of gifts United States (208 branches) Canada, 86 branches) England and buildings(59 Ireland, 42 branches) Scotland, 105 branches) New Zealand, British Westings Australia and buildings South Africa Srycheller Is ing Fiji Islands, College library Total The distribu in the United States Alabama Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan "Another statement which appears in the clipping is as follows: 'Grazing will be permitted ad libitum on forest reserves until Congress can enact new laws to cover the situation.'" "The language above quoted indicates an entirely erroneous conception of the effect of Judge Wellborn's decision. Judge Wellborn did not question the right of the Secretary of Agriculture to control grazing upon the National Forests, nor his right to prohibit any unpermitted grazing." After setting forth that the authority of the Secretary of Agriculture to prohibit grazing without a permit had been expressly upheld by the United States Circuit Court of Appeals in the Shannon and Daster-vignes cases, Mr. Hatton's letter continues: "The authority of those decisions was expressly recognized by Judge Wellborn. These cases were, however, civil cases in which the United States was granted injunctions restraining the defendants from grazing trespass upon forest reservations, while the cases of Cazajous, Grimaud and Inda, decided by Judge Wellborn at Fresno, were criminal prosecutions. "Judge Wellborn held that while the Secretary of Agriculture has full authority under existing laws of congress to promulgate regulations prohibiting grazing upon National Forests except under permit, and while the forests can be protected against any violation of such regulations, by the bringing of civil actions and suits for injunction, still a violation of the regulations cannot be held to be a crime. In other words, the decision of Judge Wellborn did not question the right of the Secretary of Agriculture to enforce by civil process proper observance of the grazing regulations, but held merely that violations of the regulations could not be made the basis of criminal action. "Under the Criminal Appeals Act of March 2, 1907, (34 Stat. 1246) the Attorney General has instructed the United States' Attorney at Los Angeles to sue out writs of error at once and have Judge Wellborn's decision reviewed by the Supreme Court of United States. This is the first opportunity the Government has had to obtain a ruling upon this question by the Supreme Court. The appeal The farmer of the United States is one of the hardest workers in the world. The better class English farmer, whether seasons be good or ill, grows jolly and fat in his congenial occupation. He grumbles a good deal, but soon forgets his troubles over a flagon of ale or a glass of port, or in the heat and hurry of a flying forty minutes with the foxhounds. He "manages" his farm from a pinnacle of social superiority, ruling over a half-dozen careful and conscientious laborers, whose interest in the property is no less than his own. The American, on the other hand, lean, cadaverous, energetic, clad in blue jeans, smutted with the grime of his machinery, toils closely and intimately on the soil, leading, with indomitable personal energy, a couple of unreliable, irresponsible hired hands—suspicious of condescension, impatient of advice and control. He works long hours and works with a savage energy, tearing up the soil for its treasure, draining the wet lands and irrigating the dry, himself always a leader, labor personified and glorified. "Forward and upward" is the motto written with his plowshare on the green banner of his pasture; he is frankly eager, openly impatient, splendidly in earnest. He must have the lightest machines, the latest labor-saving appliances, the quickest stepping horses; no work is too hard for him if, in the interests of his prosperity and progress, it is work work to be done. The British farmer plods slowly and deliberately along the roads to failure or success, turning now to the right and now to the left, to pluck a flower of leisure or chase a butterfly for sport. The American, with head bent down to the path, hurries fiercely forward to the dim indefinite goal of wealth acquired and leisure won. He has no time for flowers and butterflies. The American farmer reads with conscientious care every word in a half-dozen farm papers to which he subscribes. The British farmer takes a local weekly and a red-covered sportingbook, and looks with contempt upon the newspaper articles of agricultural writers—as a rule. The American sends for the bulletins of the State experiment stations and reads them eagerly, hoping ever to find in them some new idea or thought that he may absorb, and Florida... Georgia... Idaho... Illinois... Indiana... Iowa... Kansas... Kentucky... Louisiana... Maine... Maryland... Massachusetts Michigan... Minnesota... Mississippi... Missouri... California both in number amount of that that the people been backward. The list of Carnegie libraries California... Alameda... Al Azusa... Benicia co... Colusa... East San Jose Fresno... Fresno Hanford... Haito Gatos... Long Monrovia... Mt City... Oakland hard Pacific Robles Pett ville. Redding side. Salina Diego. San M Leandro. Santa Pedro. Santa Cruz ica. Santa R dena. St H Vallejo. Visi tier. Twenty-third one-third ar and tbis dist to this part o WANT California Co ra Washington Hayes. Smile been confer on olives re rate fixed bill fixed th gallon, but stand for th present Olives for horticulture ed by Smith "Under the Criminal Appeals Act of March 2, 1907, (34 Stat. 1246) the Attorney General has instructed the United States Attorney at Los Angeles to sue out writs of error at once and have Judge Wellborn's decision reviewed by the Supreme Court of United States. This is the first opportunity the Government has had to obtain a ruling upon this question by the Supreme Court. The appeal will be prosecuted to as early a decision as possible." Judge Wellborn's ruling, as Mr. Hatton points out, was directly contrary to decisions of the U.S. District Courts of Idaho, Northern California, and South Dakota, and the Supreme Court of Arizona, and also to an opinion of United States Attorney General Griggs. In explanation of the course now to be pursued by the Forest Service, Mr. Hatton's letter says: "As heretofore, the grazing regulations will continue to be vigorously enforced upon every Forest. Any willful violation will be at once reported by the Forest officers and prompt action will be taken. Past experiences has shown that only upon very rare occasions indeed is court action necessary. The acknowledged justice and propriety of the grazing regulations have generally appealed to the sense of fairness of Forest users, with the result that willing compliance with, and hearty cooperation in the enforcement of, the regulations, have been the rule, and cases of willful violations have been of rare occurrence. Where court action is found necessary it has always been and will continue to be the rule of the Forest Service to avoid criminal prosecution if possible, and to rely upon remedy by civil action." ANAHEIM GAZETTE CARNEGIE'S BENEFACIONS In the last issue of Collier's Weekly, Andrew Carnegie makes public for the first time a statement of the total amount he has given to public libraries and the distribution of the vast sum, which exceeds $50,000,000. The summary of gifts by countries is as follows: United States, 959 buildings (208 branches)...$34,870,745 Canada, 86 buildings (5 branches)...2,059,415 England and Wales, 329 buildings (59 branches)...7,859,550 Ireland, 42 buildings (21 branches)...724,610 Scotland, 105 buildings (18 branches)...2,075,080 New Zealand, 14 buildings...146,250 British West Indies, 5 buildings...119,000 Australia and Tasmania, 2 buildings...47,500 South Africa, 3 buildings...23,500 Srycheller Islands, 1 building...10,000 Fiji Islands, 1 building...7,500 College libraries...3,653,753 Total...$51,596,903 The distribution of libraries by states in the United States follows: States. Number. Cost. Alabama...12 $186,300 Arizona...3 54,000 Arkansas...3 125,600 California...69 1,752,787 Colorado...20 522,943 Connecticut...7 65,100 Delaware...1 6,000 Florida...4 95,000 Georgia...16 373,200 Idaho...6 73,500 Illinois...81 3,203,430 Indiana...65 4,528,680 Iowa...78 1,284,906 Kansas...31 495,340 Kentucky...15 775,500 Louisiana...4 305,000 Maine...19 209,800 Maryland...4 555,000 Massachusetts ...29 74,000 Michigan ...40 1,471,700 LOG OF JONES' WARSHIP Gives Important Facts Concerning Adoption of the Flag Boston, June 21.—“Flag Day” will become memorable in the history of the annals of the national emblem through the discovery of the log of Paul Jones’ sloop of war Ranger, the first vessel to fly the American flag in the eyes of the Britons. This log was found among relics left by the late Erastus Perry Jewell of Laconia, N.H., who died a few days ago. It may become the property of the National government within a short time. The beginning of the log appears to be in the handwriting of Captain Jones himself, as it bears a resemblance to a facsimile of a letter to General Washington found in the Boston public library and taken from the original archives at the national capitol. A perusal of the log tends to prove two important facts: First, that Captain Jones was part author in the data in congress prepared June 14, 1777, for the design of the flag, and second, that before he went to France he made several trips to clear the Northern Atlantic of British privateers, and to prey on British commerce. It is couched so modestly that it does not give details, but enough is shown to warrant such a conclusion. The log proves conclusively that Captain Jones chased every ship in sight with the new Ranger, which was among the swiftest of vessels. His prizes were taken to Portsmouth and Boston. Eugenie’s Wedding Day Even on her wedding day the Empress Eugenie received a sign of ill health. JAPS BUY GOLD Replenishing Reserve Fund With California Metal Japan has come to California for gold and has just bought the finest yellow ingots, worth $2,250,000. from the San Francisco branch mint to buttress its reserve fund. Japan is the first foreign government to be supplied with gold from the mines in this city, and the purchase is the largest contracted in California since San Francisco was a mining camp. Taro Hosumi, manager of the San Francisco branch of Yokohama special bank, represented his government buying the gold. “I should like to purchase some fine gold,” said Hosumi. In opening negotiations for the purchase with Superintendent of the Mint, Edward Sweeney. “We do not sell fine gold here in less than $500 lots,” the Superintendent told him. “That is very well,” said Hosumi. “I wish to buy about $2,250,000 worth.” The ingots are to be delivered by the mint to agents of the Japanese government tomorrow. They will be packaged by other agents of the government and transported under armed guard. After arrival in Japan the ingots are to be placed in the vaults of the Bank Japan as part of the Japanese reserve fund. Consul General Sujikawa said today that it had been the custom of Japan to purchase her gold in London; she that the transaction with the mines here had been entered into because a favorable rate of exchange between New York and London. Another consideration that entered into the California purchase was the extreme fidelity of the gold turned out by the San Francisco branch mint. Returning Prosperity New York, June 17.—The turning prosperity of the country is indicated by the activity of railroads. Florida...4 95,000 Georgia...16 373,200 Idaho...6 73,500 Illinois...81 3,203,430 Indiana...65 4,528,680 Iowa...78 1,284,906 Kansas...31 495,340 Kentucky...15 775,500 Louisiana...4 305,000 Maine...19 209,800 Maryland...4 555,000 Massachusetts...29 74,000 Michigan...40 1,471,700 Minnesota...42 562,900 Mississippi...2 21,000 Missouri...19 1,354,000 California ranks third in the list both in number of libraries and in total amount of their cost. This indicates that the people of this state have not been backward in asking. The list of towns in California having Carnegie libraries is as follows: California, 69 libraries, $1,752.787—Alameda, Alturas, Anaheim, Auburn, Azusa, Benicia, Berkeley, Buggs, Chico, Colusa, Corona, Covina, Colton, East San Jose, Ecoudido, Eureka, Fresno, Ferndale, Fullerton, Gilroy, Hanford, Haywards, Hollywood, Los Gatos, Long Beach, Lincoln, Lodi, Monrovia, Merced, Monterey, Nevada City, Oakland, Ontario, Orange, Oxnard, Pacific Grove, Palo Alto, Paso Robles, Petaluma, Pomona, Porterville. Redding, Redwood City, Riverside, Salinas, San Bernardino, San Diego, San Francisco, San Jose, San Leandro, San Luis Obispo, San Mateo, Sar Pedro, San Rafael, Santa Ana, Santa Cruz, Santa Maria, Santa Monica, Santa Rosa, Selma, South Pasadena, St. Helena, Tulare, Vacaville, Vallejo, Visalia, Watsonville, Whittier. Twenty-three of these, or exactly one-third, are in Southern California; and this distribution is very creditable to this part of the state. WANT DUTY ON OLIVES California Congressmen Seek Restoration of Old Rate Washington, June 19.—Congressmen Hayes, Smith and Needham have been conferring recently concerning the possibility of getting the duty on olives restored in conference to the rate fixed in the Payne bill. This bill fixed the rate at 20 cents per gallon, but the Senate refused to stand for the rate, and reduced it to the present figure. 15 cents a gallon. Olives form an important item of horticulture in the districts represented by Smith, Hayes and Needham, but enough is shown to warrant such a conclusion. The log proves conclusively that Captain Jones chased every ship in sight with the new Ranger, which was among the swiftest of vessels. His prizes were taken to Portsmouth and Boston. Eugenie's Wedding Day Even on her wedding day the Empress Eugenie received a sign of ill omen, according to Clara Morris in the Women's Home Companion for May. The market women of Paris presented her with a mountain of violets on the day of her marriage to Louis Napoleon. Miss Morris says: "And those market women—they boiled over! They yelled and pushed and crowded into the market gardens. They screeched and screamed for the empress, until at last a window opened and Eugenie stepped out on the balcony, and, overeager to please she held in her hands a great mass of the violets the market women had sent her. "Then suddenly one old fish wife shrieked out at those of the committee: "Pigs! Idiots? It is the flower of sorrow you have sent to her!" While quick another raved out: 'It is the color of mourning that you have sent the bride of the emperor! Violets, purple violets to a bride! Pigs! Idiots! Devils! It is an omen—a sign of evil!" "And then the fight began! Oh mon Dieu! They are terrible! They tear one another like wild beasts! The gendarmes try hard to make order when a voice up above us say out clear and gentle,'Oh,soldiers,dont hurt them! And the idea that any soldier on earth could hurt a dame des Halles was so funny that everybody stopped fighting to laugh. And they laugh and laugh,and wipe off the blood,and slap the gendarmes and say,'Don't hurt us,messieurs—don't!' And they dance and shout,and the beautiful empress stand now by the emperor,and bow and throw violets to the crowd,and all below cry "Vive l'imperatrice." And she smile and smile,and so retire. But that old witch was right! Yes,madam,they the violet was the flower of the Bonaparte,它是花之 sorrow.not fit to send a bride! It was an omen,and given here had been entered into because there had been entered into because New York and London.Another consideration that entered into the California purchase was the extreme frenzy of the gold turned out by the S.Francisco branch mint. Returning Prosperity New York, June 17.—The turning prosperity of the county is indicated by the activity of railroad car manufacturers. Orders for fully 60,000 freight cars will be placed soon,a accord to the iron and steel trade paper. The Pennsylvania railroad is the market for 35,000 cars,and Baltimore & Ohio has complex arrangements and will receive bids on from 8000 to 10,000. The Harriman lines have received figures on 4300 freight cars of which 1300 are the box type. The American car and found company has received a contract for 2250 freight cars for the Western Pacific. The Chicago & Great Western in the market for 1000 and Northern Pacific for 2000 cars. Official announcement that Harriman lines have ordered 15 000 tons of steel rails,tothe cost $200,000.is expected. The principal rail order for week was for 250,000 tons from Northeen Pacific,introduced between the Indiana Steel company and the Lackawanna Steel company. The Chesapeake and Ohio derided 4300 tons,the Iowa Centrals 3000 tons,and the Minneapolis and St. Louis 4200 tons. Hayes, Smith and Needham have been conferring recently concerning the possibility of getting the duty on olives restored in conference to the rate fixed in the Payne bill. This bill fixed the rate at 20 cents per gallon, but the Senate refused to stand for the rate, and reduced it to the present figure, 15 cents a gallon. Olives form an important item of horticulture in the districts represented by Smith, Hayes and Needham, and they declare that, as a matter of fact, olive growing is as important an industry as lemon culture. In time, they believe, with adequate protection, California will be able to produce all the olives and olive oil, both of superior character, which the entire country will need. They will urge that the olive rate be put back in conference. The California delegation is also trying to get assurance that Needham will be on the Conference Committee. They think Speaker Cannon may see the justice of giving the Far West a man on the committee, especially as McCall of Massachusetts who would be one of the conferees if all are chosen on account of seniority, is inclined toward free trade ideas, while the Speaker is a high tariff stand-patter. KINGS COUNTY QUARANTINE Sacramento, June 17.—The first and most important act of Lieut.-Gov. Porter's career since he became acting Governor of the State, pending Gov. Gillett's return from Seattle, was the issuance today of a proclamation ordering that Kings county be included among the counties of the State that are quarantined to prevent the spread of Texas fever among the cattle of the State. The proclamation went into effect today. A Reliable CATARRH Remedy Ely's Cream Balm is quickly absorbed. Gives Relief at Once. It cleanses, soothes, heals and protects the diseased membrane resulting from Catarrh and drives away a Cold in the Head quickly. Stores the Sensor of Taste and Smell. Full size 50 cts., at Druggists or by mail. In liquid form, 75 cents. Ely Brothers, 56 Warren Street, New York. LOOK AHEAD The man who succeeds in life is the man who looks ahead and plans for the future. He realizes the fact that money is an absolute necessity if he intends to rise in the world. A little study convinces him that only through a bank account can he attain future prosperity, and he acts accordingly. A small sum will suffice for the opening of a bank account, and it leads to all good things in a financial way. It establishes credit, insures the learning of business methods and the respect of business men. Open an account with this bank today and lay the foundation of a fortune. OFFICERS W. F. BOTSFORD, President. JOHN HARTUNG, V. Pres., Cashier FRANK SHANLEY, 2d V. Pres. O. ZEUS, Ass't Cashier. O. STORM, Ass't Cashier. THE FIRST NATIONAL BANK ANAHEIM, CALIF. Low Rates East ROUND TRIP Via Southern Pacific SALE DATES—May 15, 16, 20, 21, 22, 31. June 1 to 4, 14 to 19, 25 to 27. ROUND TRIP Via Southern Pacific SALE DATES—May 15, 16, 20, 21, 22, 31. June 1 to 4, 14 to 19, 25 to 27. July 1 to 7, inclusive. August 9 to 13, inclusive. Sept. 7 to 10 and 13 to 15, inclusive Return limit 90 days from sale date but not later than October 31, 1909 Some of the rates are: Chicago.....$72 50 St. Louis.....$67 50 New Orleans.....67 50 Memphis.....67 50 Omaha.....60 00 Kansas City.....60 00 St. Paul.....73 50 Toronto.....95 70 Montreal.....108 50 Boston.....110 50 New York City.....108 50 Philadelphia.....108 50 Baltimore.....107 50 Washington.....107 50 Minneapolis.....73 50 Also to other points not specified above. Stop-overs en route and your choice of routes going and returning. One way via Portland, $24.50 higher. Steamship Tickets to All Parts of the World You that are contemplating trips abroad, see me as early as possible, account of space on steamers being taken early this season. For further information call up Southern Pacific Sunset Main 183 or Home 1724 J. M. PICKERING Agent, Anaheim Attention! During the months of July and August the banks of Anaheim will be closed at 12 O'Clock, noon, on Saturdays, and will not transact any further business after that hour on those days. Patrons will govern themselves accordingly (SIGNED) First National Bank American Savings Bank German American Bank ANAHEIM, June 15, 1909