East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-06-08
MORE DELAYS FOR
DESCHUTES ROAD.
HARTMAN WILL TRY TO
ANNIHILATE HIS RIVAL
Secretary of Interior Ballinger Has
Cleared Right of Way Up Lower
Canyon-Railroad Wizard. VIII
Now Wage War on His Rival, Who
Also Holds Rights of Way i'm the
CanyOn--Now Puts Whole Matter
Up TO Courts.

Harrman's program for central
Oregon has been slightly modified,
This Is said to be due to the fact that
the government has approved the sur
Vey maps OF both the Deschutes river
and the oregon trunk line. Insteao
of waging warfare with the Oregon
trunk over conflicting locations Har:
riman will attempt absolute dissolu-
tion of his rival on the ground that 1t
is an illegally constituted corpora
ton. existing in utter violation Of
what is known as the "comity of the
states" says the Telegram.
The natural construction that may
be placed upon this projected plan Is
that the wizard of the Pacifics" will
eliminate his principal enemy from
the railroad map ana leave the en-
pire of inland Oregon more securely
in his control than ever.
Bottllng Plan Outlined.
As basis for instituting the neces-
sary legal proceedings for knocking
the whole oregon trunk crowd into
cooked hat, Hartman will set up the
fact that this company is a Nevada
corporation, organized under an act
which allows the corporation to oper-
ate in every other state in the Union
save Nevada alone. This is the fatal
weakness 1t is alleged, of Harrimans
pugnacious little rival. The comfy
of the states" which is regarded as
obligatory under the law, is a cour-
tesy by which one state recognizes
within its own territory or its own
courts the peculiar institutions of the
other states. Or the rights and priv
ileges acquired by heir citizens with
in its borders. And no state may re-
fuse to grant inside Its boundaries
rights that it grants I'm other states.
1t is pointed out that the Oregon
Trunk has no legal existence in any
other state except Nevada, and ac-
quirlng reputed rights In this state
under such articles of incorporation.
II will lose title TO them (if II ever
had any should It attempt at this
late time to reOrganize or reincorpo-
rate under the laws of Oregon, and.
further than this. II is believed tina,
the parties TO the Nevada corporation
cannot retain possession of any rights
which may have been acquired under
the corporate articles.
SO sure are the Hartman people
OF the legality of their position in
this matter they will not try to fight
for possession OF contested rights at
the three or four points in dispute
along the Deschutes canyon. II will |
be much more convenient and prob |
ably more expeditions to wipe the Ore |
gon Trunk out of existance altogether !
Matters for Courts.
This program raises the question |
as to why the Secretary of the Inter-
Tor or the Commissioner of the Gener- |
a Land Office ala not take cognizance |
OF this situation before final approx |
al of disputed rights was given. Ex-
planaton OF this is found in the fact
that the Government holds that any |
matters OF this character are for the |
federal or state courts to adjudicate,
Hartman will probably show his
hand and begin the battle OF extermi-
nation in the courts within the next
so days, perhaps sooner
Only few details lie in the way of
carrying out this line of action. Next
Monday, the time for all appeals and
protests on the part of private power
land and irrigation schemes. or OF RI
val railroad projects, lapses. Secre-
tary Ballinger has reaffirmed his for
mer decision dismissing the protest OF
the Deschutes River Power & Devel-
opment company, and the protests Of
the Hartman and Oregon trunk peo-
pie against each other are abrogated
by the approval, without prejudice, OF
both sets OF maps, 1t is too late now
for further protests so that the stu
alton in the Deschutes case is this:
The first 40 miles Of the Hartman
surveys and the whole 1S0 miles of
oregon Trunk surveys are approved.
The next step will be the forward
ing of the maps covering the upper
90 miles of Hartman surveys from