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About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View Entire Issue (Feb. 27, 1908)
HBHHHHHHHHHHH!IEi A 55 T bus,no88 Timei d. Jkll They are dally demonrtr ting tho fact. No business so brisk a Times ad. -will not mako It brisker. No business so dull a Times ad. frill not enliven It. Times ads. aro great aids. Thcro Is not a slnglt fll N column In The Times, everj ono carries matters of interest. Not tho least interesting part of the paper is its advertising columns. Plan your purchases from Times ads. It will pay. MEMBER OP ASSOCIATK1) I'll ESS VOL II. THE COOS BAY TIMES, THURSDAY, FEBRUARY 27, 1908. No. 201. ASK POSTPONEMENT OF I I SUIT IS BEGOTiiST SOUTH OU COlPAi COURT USED US EKPLOITER RULWAY5 ENFORCE fflVFIITIOl! UUtiyLllSIUil urui Claimants Want Land Granted for Building of Coos Bay Wagon Road. TERMS FIXED BY CONGRESS Act Provides Tlmt Land Ho Sold in Tracts Not Larger Thau 1(10 Acres, at Jjtt.fiO an Acre Land Sold by Owners In Hulk. Contending that applicants for land of tho Coos Bay wagon road grant should have the right to buy the land in IGO-acro tracts at a price not exceeding $2.50 an acre, SG ap plicants have brought suit In the United States Circuit Court against tho present possessor of the la rift tho Southern Oregon Company, whose chief stockholders aro William W. Crapo, William J. Kotch, Elijah Smith and Prosper W. Smith, resi dents of Now York and Boston. These applicants want a total of 17.000 acres out of 02,000 held by the comp any. Another suit will bo filed next week for some 1700 acres more. Tho would-bo purchasers base their claims on the land grant act of Con gress which donated the lands to aid construction of a wagon road from Roseburg to Coos Bay and which says that tho "lands shall be sold to any one person only in quantities not greater than one quarer section and for a price not exceeding $2.50 per acre." In spito of this language of tho law, tho land has been sold repeated ly in bulk and now the possessor is willing to sell only the most worth less at $2.50 an acre. The land was granted by tho U. S. to the State of Oregon, which In turn, by Legislative act, granted It to tho Coos Bay Wagon Road Co., "upon the conditions and Hmitationns therein prescribed" (in tho act of Congress). Tho Coos Bay Wagon Road Company sold 35,53;! acres of the land to John Miller, alias Am broso Woodroof, in 1S75, and sold the remaining 01,143 acres to Will iam H. Besse, in 1SS4. Woodroof sold to Collis P. Huntington, Charles Crocker, Leland Stanford and Mark Hopkins; Huntington, Stanford and Hopkins sold to Crocker, Crocker to Besse, and Besso to Russell Gray, Gray to tho Oregon Southern Im provement Company, that company to Crapo and Roach, and they to the Southern Oregon Company. Tho land which tho Coos Bay Wagon road company sold directly to Besse, he sold to tho Oregon Southern Improve ment Company, that company to Cra po and Rotch and they to tho South ern Oregon Company. Sales Alleged to Be Void. The Coos Bay Wagon Road Comp any sold tho lands, says the com plaint of the applicants for tho land, "disregarding, disobeying and con temning the conditions, restrictions and limitations in said act of Con gress and act of tho Legislature of tho State of Oregon," and tho com plaint alleges the sales therefore were "absolutely null and void and of no effect and conveyed no estate or title whatsoever in or to any of said es tate." On account of the doubt, therefore, that title has passed legally from the Coos Bay Wagon Road Company, Its stockholders aro mado parties to tho suit, together with the Southern Ore gon Company. The company is now dissolved. The complaint prays for a decree from the court as follows: First That Congress created tho grant upon a "condition subsequent" which "was and now is annexed to said estate" limiting tho selling price to $2.50 an acre and quantity which any purchaser may buy to 160 acres. Second That the demand of tho claimants for the land be declared valid and tho applicants bo given first claim to the lands sought and pay tho Southern Oregon Company $2.50 an acre, together with all taxe. paid on tho land. Third That tho Southern Oregn Corapany render an account of an taxes paid. Fourth That the Southern Ore gon Company execute deeds to tho applicants for the lands they seek to buy. Fifth That If the company neg lect so to do, that the decree of tho MANY RESCUED FROM FIRES Two Early Morning Conflagra tions in New York Cause Much Suffering. (By Associated Press.) NEW YORK, Feb. 27. Two were burned so severely that they may die and a dozen severely hurt and scores rescued from perilous positions by firemen at two early morning flres today. Although in widely separated sections, It is believed both flres wore of Incendiary origin. The most seri ous flro was in a tenement at 43 East First street, where tho firemen rescued many scantily clad men, women and children from flro es capes, and a man and daughter who hud inhaled flames aro in a danger- 'ous condition. Tho other flro was In an apartment houso at 247 East 1 140th street, where forty persons were removed from a burning build ing by policemen and flremon. One Thousand Have Been Ex tracted From Various Offices in U. S. (By Associated Press.) PORTLAND, Feb. 27. Tho postal authorities at Washington have sent out warning to be on the look out for forged money orders. About 1000 orders have been stolen from tho various postoffices of tho country, In cluding 170 from Seattle and 377 from the office at Richmond, Wash. A largo number of tho forged orders have been cashed. HERO'S SAD DEATH; POOR, BUT PROUD Bravo Veteran of Civil War Dies From Starvation In Cleveland, Ohio. (By Associated Press.) CLEVELAND, Fob. 27. Dead from lack of proper food, Russell Page, a civil war veteran, decorated by Congress for valiant service at Fort Donelson, was found dead in bed yesterday at his home. While Page was dying, his wife was vainly searching for work. Page was con fined to his bed as a result of a wound received in war but was too proud to ask for aid as was his wife. court stand as a deed to the lands in favor of the applicants; also that a receiver bo appointed to protect the interests of all parties. Sixth That tho applicants be reimbursed by tho company for the costs of the suit. Seventh That tho company be decreed trustee of tho lands, holding 'them for tho benefit of the State of Oregon, tho United States and tho applicants for tho land. Bonaparte Party Defendant. Attorney-General Bonaparto is cited as a party defendant In tho suit, 'in account of tho Interest which the Government authorities claim the Government possesses In tho grant. The applicants ask for a receiver because of the ninny conflicting I claims to tho land that will be made, ! and tho confusion and injustice that will result, and because there is j 'anger that tho Southern Oregon Company may sell all the lands Ini oled in the suit and complicate title to tho land in somo manner. The complaint cites Hr.t all tho lands sought are vacar inlraproved and wild and wilfully v ardlng from set tlement, thus retarding tho growth of tho community, T. S. Mlnot It at torney for tho applicants. anr 010101 H L uiuLLl I ii I Eat w m ymr BBS una B Western Retail Lumbermen's Association Convenes Tacoma. SEVERAL HUNDRED ATTEND "resident George B. Merrill Makes Annual Address. Discussion on "Order Responsibility." (By Associated Press.) TACOMA, Feb. 27. Tho incoming rain today was crowded with dele t'es to tho Western Retail Lum bermen's Association. Five hundred aro now In attendance, three hundred from Oregon and western Washing ton, and two hundred from tho east and a number from California. The sessions commenced thi3 afternoon, the opening address being made by Robert L. McCormick, to which Rev. P. A. Slmpkln, of Salt Lake, respond ed. President Georgo B. Merrill, of Salt Lake, made tho annual address and Secretary Porter presented his report. Tho discussion of "Order. Responsibility" and cancellation abuse, followed a paper on tho sub ject by R. J. Menzo of Seattle. Countries Across the Sea Take Advantage of Lower. Prices. PORTLAND, Feb. 29 With liberal orders coming in from foreign coun tries and a fairly active local de mand, lumbermen aro not as badly off as a few weeks ago when rail shipments for points east of tho Rockies were practically called off. At that time foreign business was very slack. Tho foreign business is relieving cargo mills, although the business has been and is being se cured at low prices. It is said to bo a certainty that without relief from tho foreign mar kets the new and advanced freight rate, coupled with tho financial flurry throughout tho country, would have meant that most of tho mills In this district, and on tho Washington coast, too, would have had to remain closed for a long time. While a number of mills depending chiefly on rail business are still closed, most mills on navigable waters have re sumed operations. Arrangements for tho export of approximately 10, 000,000 feet to the Orient from this port were mado during tho week. While tho business Is being dono at a small margin, it is said to have a tendency to advertise tho Oregon pine so that future business might re sult under moro satisfactory condi tions. Local prices havo shown no de cline during the week, and while some predict that the bottom has not yet been reached, moro optimistic dealers are of the opinion that the next change will bo ran advance. Logs are still being held at from $7 to $10 per thousand, which millmen de clare precludes any possibility of fur ther slashing In quotations. Logging camps along the lower Columbia river havo been resuming operations gradually, but there are still a few that will probably not be gin felling trees till tho beginning of April. Those In operation have been favored with exceptionally lino wea ther. Shingle manufacturers report no ticing a healthier tono In tho market, although prices are still down. Most of the mills In this vicinity aro cut ting. Tho steamer Mortlake left for Port Adolaldo with 2,000,000 feet, and tho American bark Acme is there loading for New York. She will tako away 2,000,000 feet. Fish in tho window, fish In tho kitchen and fish on tho tables at Smith's Cafe. SITUATION Sensational Phase Developed in Libel Case in San Francisco. AGITATE WATER QUESTION Assistant District Attorney Cook Jloes Dismissal of the Case Judge Allows to Proceed. (By Associated Press.) SAN FRANCISCO, Feb. 27. Tho trial of R. A. Crothers and Fremont Older, proprietor and managing edi tor or the San Francisco Bulletin, on a charge of criminally libelling Wil liam S. Tevls, one of the wealthiest men in tho state, took a sensational turn today. Assistant District At torney William Hoff Cook asked the court to send tho ten jurors and 25 talesmen out of. the room as he wished to mako a statement. Cook expressed his belief that tho case was instituted for tho sole purpose of ex ploiting the merits of tho Hetch Hetchy and Bay Cities water system. He wished to inquire whether there was a collusion between E. P. E. Troy, the attorney who swore to the complaint, and tho defendants, as Troy had refused to divulge at whoso instigation he had brought the com plaint. Troy was called to the wit ness chair and stated that he had sworn to the complaint at the request of Daniel Mur phy, a member of tho water supply committee of the board of super visors, for the purpose of exploiting tho water question and bringing it before the people of San Francisco. Tho witness declared he had acted solely at tho request of Supervisor Murphy and that there was no col lusion with the defendants or with the district attorney's office. Coos declared the case was not brought In good faith and moved Its dismissal. Attorneys for tho defense protested, demanding a full hearing. Justice Dooling ordered the case to proceed. Missouri Supreme Court De clares Two Important Acts Unconstitutional. (By Associated Press.) JEFFERSON CITY, Feb. 27. The supremo court decided unconstitu tional tho law passed by tho last legislature prohibiting the sale of in toxicating liquors within five miles of any state educational Institution hav ing 1,500 studens enrolled. Knlcks Out Other Court. JEFFERSON CITY, Feb. 27. An opinion written by Judge Gantt was handed down by tho Supremo Court today holding tho law creating tho court of general sessions for tho City of St. Louis as unconstitutional, and tho court as null and void. The bill creating the court was passed In 1907. Governor Folk appointed Judge II. P. Rogers to preside and over 700 cases have been tried by the court. According to tho Su premo Court's decision criminals who aro confined on pleas of guilty and on sentences imposed by Judge Rogers are illegally restrained of their lib erty and entitled to freedom. IN HONOR OF KING. Portuguese in Eastern States Hold Services. (By Associated Press.) BOSTON, Feb. 27. Tho Por'n gueso in many sections of New En gland and tho United States tod hold services in memory of hi Carlos. Many officials of tho stat--and consulates attonded. Don't forget tho Illustrated lecture at tho Masonic opera houso Satur day evening, February 29, by Briga dier Jenkins of tho Salvation Army. rilONE 111 for messenger boy to carry parcels or r n errands, MUCH COPPER HAS BEEN SOLD England and Germany Absorb All the Surplus Stock in United States. (By Associated Press.) NEW YORK, Feb. 27. Thus far in February tho United Metals Sell ing company has sold 89,000,000 pounds of copper, tho bulk of it to Great Britain and Germany. These sales havo cleaned up the surplus of tho concerns which dispose of their product through tho United Metals Selling company. It is stated that less refined copper is unsold in the United States at tho present than at any time In many years. This cop per brought prices averaging slightly under thirteen cents. Woman Shot by William Dur- rell Is Not Expected to Recover. (By Associated Press.) PORTLAND, Feb. 27. Mrs. Marie Klum, vfl'no was shot by William Durrell is somewhat improved tqday, as tho biillet pierced the spine, there is little hope of recovery. Durrell, who killed hlmsolf, was one of the best known horsemen in the North west. POPULAR MARSHFIELD GIRL IS WEDDED Miss Esther Yeagers Married Wednes day Morning to Dr. Smith Maim Of Langlols, Ore. Miss Esther Yaegors, of Marshfleld, and Dr. Smith Mann, of Langlols, Curry county, Oregon, were united In marriage at the homo of tho Rev. Father Donnelly by tho Rev. Father Curley Wednesday morning at 7:30 o'clock. The bride and groom left on tho morning train for Coqulllo where they will tako tho boat to Ban dou and thence travol by stage to the handsome homo which Dr. Mann hi-5 fitted up in Langlols. Mrs.. Mann, nee Yaegers, was ono of Marshfleld's most attractive and popular young ladles. The wide clrclo of friends whom sho has made during her term of service with tho Merchant Bros.' dry goods store will feel her absence keenly; while at the same time wish ing her all joy and happiness. Dr. Mann enjoys a lucrative practice In Curry county. NO MORE RICE OR OLD SHOES ON HONEYMOON Chicago & Northwesern Railway Is sues an Edict Against the Time Honored Custom of Bridal Parties. CHICAGO, Feb. 29. No moro rico or other missiles for the gay bride groom and blushing brldo who go on their honeymoon over tho Chicago & Northwestern railroad, if tho officials of that corporation havo their way. Tho first stop toward stopping this Mmo-honored practice was taken when tho officials of tho road issued . order prohibiting tho throwing of ! e, old shoes, tin cans or anything else at bridal parties while they aro boarding trains. Ono of tho road's officials said that It often happened that passengers not Interested In tho demonstration havo complained of gutting ears full of rico or being hit by a good-sized shoo for the bride groom. Seo the fish window In Smith's Cafo, Get luncheon thero tomorrow. Say It Is Impossible to Get Suf ficient Competent Tele graph Operators. IMPORTANT HEARING IN WASHINGTON Interstate Coiiiincirs Coinniisi"i Listens to Applications of Mill;' Roads for an Extension of Time Before Making Law OfcHie. WASHINGTON, Feb 2 7 Rall.vay officials from all pati of tho Ua' l States today aro In attendance at a hearing by tho jnierstato Cin merce Commission f f application for an extension of the time of put ting into effect tin nine-hour law. Thirty-seven applications asking for any extension have been received Applications of two Southern ro:ids were denied. The abdications of tho balance aro being hvrd as ono uis-f. The roads aro asserting that it Is im possible to secure tho services of competent, efficient and depondablo telegraph operators In sufficient numbers to enablo tho roads to com ply with tho provisions of tho law. Among tho applications aro tho O. R. & N, Southern Pacific, Oregon Short Lino and Union Pacific. Tho Great Northern and Northern Pa cific are not represented among tho applicants, and aro assumed to havo made arrangements to comply with, tho provisions of the law, which bo comes effective March 4th. OPERATORS REJECT SCHEDULE. Great Northern Railway's Offer to Telegraphers Will Bo Refused. (By Associated Press.) ST. PAUL, Feb. 27. Returns from tho Northern Pacific telegraphers vot ing on the company's porpossd new scale of wages and rearrangemnt ol working rules, made necessary by tho now Federal nine hour law, indicate that the schedule will bo rejected by the men. It is expected thero will bo a couferonco of the telegraphic and the railroad officials this after noon. MEDFORD PUPILS ON STRIKE- Eighth Graders Refuse to Have Other Teacher Than J. W. Shirley. MEDFORD, Ore., Feb. 27. "Ho is the best teachqr we ever had, and we aro not going to school any more un less he is put back to teach us." This is the expression used by 1 llttlo girls who have been constltutt walking delegates and aro clrculatli petitions about Medford for the rei statement of Prof. J. W. Shirloy teacher of tho eighth grade In the North school, who was' discharged recently by tho school bourd. Tho entire class of thirty odd are out on strlko and refuse to attend school until Shirley Is reinstated. Only five pupils remain, and they un der compulsion by parents. They also sympathize with tho strikers. Tho petitions asking for reinstate ment aro being generally signed. Tho board alleges Shirloy Is in competent. Shirley alleges unfair discrimination and has appealed his case to tho county and state superin tendents. Tho troublo started last autumn when Shirley spanked an unruly pu pil who Is the son of a school direct or. At tho Christmas treo celebra tion Shirley was presented with a 'bottlo of beer by some fractious stu dents. Last week tho pupils of his class woro suspended for playing cards oy City Superintendent Signs, who aftor wards reinstated the pupils after apologizing for tho expulsloi , ' then resigned as superintendent, his resignation to tako effect fit tho " "' of tho school torm. NIGHT RIDERS AVKAKKN, Presence of Militia Tlnviuls V-r-n Burning Plans (By Associated Presc.) BATAVIA, Fob 27. Tho expcdcl attempt by night riders to bur.i tho tobacco barn of Georgo Uli'o at N. vlllo did not materla'lzo, am' ' company of the Ohio fat!onal Gf ' ban been withdrawn. I 1 1 I 1 '11