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About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View Entire Issue (March 3, 1911)
f.t ' L THE COOS BAY TIMES, MARSHFIELD, OREGON, FRIDAY, MARCH 3, 1911 EVENING EDITION. VflEMT IS PEOPLE'S rrpt the drrlninn of JikIro Hordwell public rla.ht of comtnorco nml nnvtg In tlir a Antelcs inn to which I ntlon, lint It linn no right to sell tho 'referred. 1 oiild respectfully call his Mine Into prhate hntuln. If thoro nltntlon to the fact thnt tha corpor- wan such a thing a the private own- atlons rlnlmlnn Unit between the ershlp of the entire waterfront of the high tide line ami the channel watrr rouwtry. there could ho no such of California, pitrrhawd tinder varl- thing aa the public enntrol of nnvlg- u acta of the legislature, are no' able water, beeanae there would te IlKinatlvelv breaking thflr neeka to no way of reaching the antne o.eept SO UCCinrCS 0311 nailCISCU r-llnqiilh their tltlea In eonaldera Hnrlmr Pnmmtadnnpr In """ of '"" ,"w' from th' n"b,,r Haiuoroommissionorin y Tlw .AnM,n Mmt. womW Portland Case. ! UMk m,nt.v t to lhw i,p'p 1 thla time. Anil they have Mime pret PORTLAND. Ore.. Mar. Z JtthH , , y ,, ,.,.. too. I T. Klyiui. California's harbor engln-J phe Southern Pacific railroad, the ! cor, who la to address the Portland Oakland Waterfront conipnny. the ' by alr ahlpa.' And the federal gov ernment, which expend millions of dollara annually In the enre of ehnn nel waters upon the theory of n pule He use of the ntme, I not engaged In building ahlp of the air type. I )n ii Her of Private Control. "A private or rnllrond corporntlon one-thlnl Interest In this North Iluml L. J. Simpson Disposes of His One-Third Holdings In North Bend Lumber Co. I.. .1. Simpson tins disponed of his public dooka commission, hollevea' I'oelfle Steel & Wire Works, nml oth- In control of the wntorfront of n port Lumber company nml It Is understood that the people will regain tide lamia!" corporations now hold thousands 'could regulate the commerce of thnt that Eureka parties nro tho purcha- now corporate holdings, which might i)f ncres of tide lands on the bnya and port as completely as the private bo used for public docks construction. M.. Flynn's contention Is that thoso tldo Innds woro never kIvoii to nny corporation. In n lettor ho express ed this opinion at tho last mooting of the dock commission. His state sers. The news of tho pnlo of Mr. Simpson's Interest In tho mill Is con firmed In a letter from him but ho navigable waters of California, worth I lessee of n public street could raise In the aggregate $ir0. 000.000, nil or lower values on that streut by purchnsed or gobbled under acts of .the toll Imposed. In olden times tho legislature, but 1 will tlm imltilnti Hint Itnfnrn flnv .lnh.....'. form r nlllrn nvnlres those ' or v.n lid rnn. Inn ,11.1 ,, ,nb "onictlmo ago bought n third Inter est encn in mo property nun inc BUY INTEREST ' 1 "'. "7i in new ill; stei if venture when a ship's cargo consisted of one lU,,T "l flQt(ntot,10 "h"c"; lovernor or two thousand tons, a tax of 25 J' ' Stnm,l"h nml W' h; nest mont wns disputed by Attorney C. corporations will surrender their so- much difference, especially Fulton In nn Interview. Answorlng called titles and accept leases upon same rate prevailed In rival the samo with u rental to bo paid to the state. Mr. Fulton, Mr. Flynn hns again written the dock commission, from San Francisco, saying: "In reply to tho published Rtntc- Progivpnlvc L 'glslntlou. 'That Is whnt Is called 'progres- mont innde by Charles W. Fulton slvo legislation, and I will go forth- that my contention of the public own-'or nml say, notwithstanding tho iloz- If the portB, but In this ago of 10,000 and 20, 000 ton ships, nn unnecessary tax of ii cents n ton Is grent enough to drive shipping from one port to an other. Another thing to bo consid ered Is tho fact, thnt tho Panama crahlp of tho foreshore of nnvlgablo'en decisions' referred to by Mr. Ful-.cunnl ship Is to bo the direct compo- "; D""' ,, ''" ," "l , bodies of wator wns "ridiculous," I ton. thnt not only every foot of tho tltor of tho railroad. If the railroads "J10!;" "7 l,rol)nbl Uotftl, or tn will nay, If Mr. Fulton has boon cor- waterfront below tho ordinary lilph .own tho dock?, thnt ship will not redly quoted, that ho ought to bo water mark of tho city of Portlnnd, compete nml Hud n Inndlng place. reading, Instead of practicing, law., but that of Astoria, too, will be In Thnt moaiiH public docks nml a pub- I before Governor And this Thnt samo statement hns been mado public ownership by overy corporntlon lawyer In tho West of Oreon retires. country, but tho work of public re-j will be true of every town located covory of tho wntorfront goes on Just upon n nnvlgablo body of water In tho samo. Tho private, or railroad,) Oregon, whenever It boob fit to oxer control of tho wntorfront docs not clso thnt right. rest upon tho court decision so much "The right of n prlvnto wharf lie belt lino rnllrond connecting nil docks If relief Is to be expected. Duplex System of ltensnnln. "Mr. Fulton, while denouncing my contention of tho public ownership of tho wntorfront nB 'ridiculous, nil- inks my clnlm In the snino breath. buyers of Mr. Simpson's Interest nro said to bo friends or nssoclntcs of theirs. Somo of the wood working plants nt Eureka hnvo boon desirous of getting fir lumber from hero to U80 In connection with tho redwood and this lend to tho deal. Mr. Simpson Is expected homo o dcnl will bo given out then. It Is understood that tho conipnny will rcorgnulzo nml do business on a much lnrgor scalo than nt present. Tho San Francisco Call prints tho ' following In n Eurolcn dlspntch: ' "Tho Holmes Eurekn Lumber com-) pnny of this city today nnnounccd j thnt It had ncqulrt'd nn Interest In , tho properties of tho North Dend It's a wise head that wears a Stetson Hat New Spring Styles Now on Display MOXKY TALKS- Mn i-nIi Ik-ld Hub Clothing & Shoe Co. llnt'don ns It does upon tho Indecision of pub- owner Is not ono of equity, but of ' "tntlng thnt 'the private wharf Jumbor Company, Bltunted at North ......... . . i .. ... .. Lii. i ii ., ..... .... Ucnd. Ore. Tho deal was put He ofllclals. Kvory attempt to re- courtesy. Tho public owns tho np cover, mado In good faith, has boon successful, notwithstanding Mr. Ful ton's clnlm thnt "tho dock rights aro fairly established and written Into tho lnw of tho stato nml nation." Tim Ghost of Itanquo. "Tho 'Howlby versus Shlvoly' case, to which Mr. Fulton refers, growing out of nn Oregon donntlon land claim act, of many years ago, ns I romom- pronch to n nnvlgablo body of wa ter JiiBt an clearly as it owns tho body of water Itself, or the street Ih front of prlvnto property. Any other vlow of tho en bo would not only bo 'ridiculous,' but absurd. There could bo no such thing ns n public body of water, If thoro wns no public nppronch, and thnt docs not menn (10 feet, or 'street ends,' but bor, was not n rejection, but n con I the whole shoro line. The fact that flrmatlon of tho stato's right of tho the public body him not herotoforo approach, or tho public ownership exercised Its right of public control right Is n license from tho state nnd Is subject to revocation for n non ubo, or nny uso of tho same, thnt would Interfere with commerce nnd navigation. Thnt is what I 'would call n duplex opinion. If, thoro Is a vested right, or feo simple tlllo to wntorfront, as In the enso of all Demi, Ore. Tho dcnl was put through by W. B. Host, general mnn ngor of tho conipnny. Tho Holmes conipnny which consists of such well known capitalists as II. W. Hamil ton, T. W. Hlno nnd Jerry Mlllny will Immediately proceed to Improve tho Coos Hay property, purchasing PIANOS TOMORROW To tho faw thnt hnvo not heard tho oxqulslto tones of our PIANOS wo offor nn excellent opportunity. Tomorrow, Saturday afternoon, Mnrch 1, 1911, wo shall further demonstrate our PIA NOS to tho public. Wo Invito you nil. GOOD Ml'SIO nml lotn of It. To each per son thnt comes wo will give n beautiful souvenir. BUSH (& LANE PIANO CO. O'CONNKLL IILDG. MAItKCT AVK. AND UXI) ST. other property sold by tho stnto, then ntl,Iltlonn tlmbor n"l Increasing tho tho right pf revocation does, not ex ist under nny condition, even though admitted by .Mr. Fulton. "Tho wuterfront Is either public property or It Is prlvnto property capacity or tuo plant, wnicli now turns out 50,000 feet of lumber per dny." THK WIIKAT .MAHKKT. and uso, of the foreshore of n nnvlg-'ln no wny operates ngnlnst tho uso ,l cannot bo both. Tho public right able body of water. This decision, I whenever It sees lit to exerclso thnt llko tho ghost of Hnnquo, crops up right. Tho stntuto of limitations In every waterfront ense. nnd like tho j dooB not operate ngnlnst tho state, letter of n celebrated shifty congress-, either ns to the right of recovery or man on tho tariff question, hns n du plex feature, nnd enn bo read both ways. In n cobo recently tried In Seattle tho federal court waa naked to restrain tho stato land commis sioners from tnklng possession of lands on tho foreshoro of Lnke Wash ington, tho title to which wns claim ed under homesteads and donntlon land clnlm nets prior to the state's admission Into the union. In thnt case tho plaintiff's quoted tho 'Howl by nnd Shlvoly' ense, but tho feder al court hold In dismissing the In junction that tho stato wan tho sover eign owner of tho foreshoro of nil lands lying below tho ordinary high water mark on fresh wnter nnvlgablo bodies, nnd the mean high tide line nn tldnl waters, nnd thnt It could not bo restrained In the exercise of Its powers In tho Interest of com merce and navigation. Oakland nnd Chicago Wnlci-froutK. "I would nlso call Mr. Fulton's attention to tho decision of the Unit ed Btntes court of appeals, opinion written by Judge Gilbert of Oregon. It I nm not mistaken, In the enso of tho Western Pncltlc railway versus tho Southern Pnelllc railway In tho celebruted Oakland wntorfront case. tho right to exerclso an established public function. I do not clnlm nnd hnvo never claimed thnt there nro no prlvnto rlgiys to die respected on tho wntorfront, because tho physical conditions, especially on fresh water streniim nro such ns to mnko public nnd prlvnto cooperation often neces sary In dock construction. On tldnl streams the strip between tho mean high tide Hue nml tho chnunol waters Is generally great enough to permit of the construction of ample docks nnd nppronchos without Infringing upon private property, but In tho case of fresh witter streams, this aren Is generally reduced so ns to mnko tho uso of certain prlvnto property necessary. I'm Hand Waleifiinit Titles. In the enso of Portlnnd, ns In the enso of nearly all other ports, I will venture tho opinion thnt an examin ation of the old homestead and land claim tilings will show that tho ap plicant received his full quota of laud by surveying shorewnrd from the meandering or ordinary high water mnrk, nnd not from tho chan nel waters. Few men In tnklng up land, take up less than the legnl limit. If thnt Is true, then It Is clenr of nppronch to n nnvlgablo body of wnter Is u sovereign right thnt nnte- dntes lnw Itself, nnd I chnllengo Mr. Fulton to produce ono decision to tho contrary, not only In this country, but In nny country In tho world, In cluding Astorlu. It In ono thing to quoto court decisions offlinnd to tho layman on tho street, but qulto nn- otnor tiling to effectively present thorn In court." (Hy Associated Press to Coos Dny Times.) CHICAGO, III., IHw. 3. May wheat, 00 tfc; July, SS 3-lc; Sep tember, SSc. TIIK FAST AND COMMODIOUS Sieamer Redondo (Kqulppcd with Wireless) Will nmko regular trips carrying passengers both ways nml freight between Coos Hay nnd Snn Francisco. All reservations forpnsscngen iimdo nt Alliance Dock, Mnrslillcld nnd Intcr-Occnn Trniup, Oj, Union Street Whnrf No. 2, S-m Francisco. For Information, phons I l-J or UH.1. Will sail from Snn Francisco for Mnrtdidcld, Tom. ilny, Mnrch Till. INTKIt-OCKAX TItANMI'ORTATIO.V COMPAXV. PORTLAND, Ore., Mnr. 3. Track wheat prices: Club, 777Sc; niuo Btom, Slff82c; Rod Russian, 7Ccj Vnlloy, SOc; Fortyfold, 7S(2JS9c. LOGGER IH KILLKI). I f TACO.MA, Wash., Mar. 3. Illue- stom whont, 81c; Fortyfold, 80c; Club, 79c; Red RiiBsinn, 78c. David Smith .Meets I'nto In Crnliie's Camp. I1ANDO.V, Ore., Mnr. 3. David Smith, n logger, wnB fatally hurt ritl Calno's logging enmp up tho rlyer. ' OHSF.RVATIOXS 4 It Is Americans of refinement who loow upon marriage ns soniothlng Ho was taken to Coqulllo, but his n,orQ tlmn n '"cconary bnrgaln and It'TIUS FRlfeSD OF COOS HAY" S. S. ALLIANCE CONNIXTIXO WITH TIIK XORT1I IIAXK ROAD AT PORTLAND WILL SAIL FROM COOS HAV FOR PORTLAND AT 8 P. M., .MONDAY, MARCH (I, LUAVIXG PORTLAND FOR COOS HAY, FRIDAY, MARCH 10TII. PHOXi: II NOIITII PACIFIC 3TKAMSHIP COMPAXY. C. F. McGKOHGK, Agent Injuries wero such thnt It wns lm- Bnl wll "nvo ,l r,Bht to regard such posslblo to do nnythlng for him, nml , l,orr'""":eB as tho Gould wedding his Bufferings woro relloved by death. ' wlth '""I'18" and disgust. They Smith wns about 2C or 27 years old, ,mvo rcn80n' t0(. t" consider with unnmrrled and so far as known hud won,,or tho fnrt t"t the Goulds, with no relatives In this section of tho uu ,r 8n" oxl,0onco In tho Cnstollano country. He wns n friend of Frank cn80' woro wllllnB " to risk tho Hralnord of Coqulllo, nnd Mr. Ural-' nnMla of a young girl of tho fniu nerd will tnko chnrgo of the funeral ,ly ,n n rroK mnrriage. ulllr.li will In. I.nl.l .. - 111 . i I " " '! in vim(uiiiu mm OLD RELIAHLB Tho 'Howlby versus Shlvoly' decision that tho state In taking nothing from wiib roforred to In thnt case, nnd If these people of their successors I nm not mlstnkon, by tho attorneys when it takes possession of tho tor- on both sides, but with nil that, the rourt unhesitatingly decided thnt the' Interment will bo qullle cemetery. undo In tho Co- , COLl'MHIA dry CHLI-S GUXXICRY. STWMER BREAKWATER ALWAYS ON TIME PaIN from Alnsuorth Dock. Portland, at H P. M.. every Tumd. Sals from Coos Hay every Saturday nt service of Udo. Reservations will not be held Inter than Friday noon, unless tickets are purcluued. L. II. KIUTIXG, ACKXT PII0N'E MAIN' 33-L nt TIIK KXFOKflXG FRUIT LAW. Everything XKAT nnd CLKA.V at tho O. K. CHOP HOUSE. MEDFORD. Mar. 3. District At torney Mulkey hns given his opinion' to Professor O'Gnra that tho compul sory spraying lnw Is sound nnd enn be operated successfully. Tho county courts hnvo boon no tified thnt this mensuro Is to bo en- the Inspectors nnd tho locnl ofllce. Fino fishing tncklo nt TIIK GUX-XKRY. rltory between tho ordlnnry high i water mark and tho channel wnters. wntorfront wns In public control nnd If the legislature Bubsequentlv nuth- thnt both tho nlnlnllff nml Mm .In. 'nrl...l !... cl.. f i... ..-.. i.... '. . . """"" " ..., ,;',:"";:.".::. " . ..: " v: ."; :: " l. """ ,,orc(l y i to aid ........nt ..on.,!. nv ii'nititt'i'n i ui uiiiiiiiiiiMiiig iiue ana me cununei upon public property. I would nlso waters, It exceeded Its constitutional refer Mr. Fulton to tho case of tho power Just ns much so as If It had siuto oc Illinois versus tun ininn a soiii tiin rivxp iwii itu.iir n ti.. . . .. rw,,,i ,biim., i.. . ..,.., ...-';. .".. . . ono ny tuo owner within tho time I ' V V V '...,.-.,, ,m ,...u.h- uniia is uie s.rip ueiween allotted. If tho owner Is nbsont nt ..,...,. ..., w ..... ,.,.,,. ,n, , iiuniuj I mi' iiiiiiuii'i nuit'iH, ii inni strip vcrBtis Shlvoly' doclslon roforred to. 'should bo Insufllclcnt In width to uf- "In pursuance of the Illinois docl- Blon, rendered several years ngo, u leglslntlvo eommUteo was Recently appointed for tho speclnl purpose of looking up wntorfront tltlos In Illi nois, and It has Just reported hack to tho legislature that wntorfront property to tho amount of $250,000, 000 had boon stolon from the state, with a roconimondntlon that stops be taken for tho Inunedlnto recovory of the same. That step has been long delayed, as In tho enso of Oregon, but I hnvo not yot heard of nny 'doz- ford ample dockage, then It Is clenr that the public body must acquire by condemnation tho territory necessary for tho construction of n dock sys tem. If there should be valid leases and vnlunble Improvements upon tho same, then there Is no renson whv the owners should not bo fully com pensated. Menus Public Possession, "The legislature has the power to lease the approach to a navigable st renin of water for wharf purposes, with the right to regulnto tho tolls en decisions' calculated to head off thereof, or to cede such property to the action of tho Illinois legislature. ;n municipality for subsequent lease California Claimants Get llu.sy, nnd Improvement undor such llmlta- We Think We Could Please You This Is tho wny wo flguro It MflRt nvrtrvnnn nrnlA.. .l.A i.. -. li, f.,,.rA ..II -..,. ...Ill 1 , " i"l""D "u Ul-i "I " . "Vl "'" uo "I'rajoa eatables. Wo hnndlo thnt kind at tho owner's expense If it is not ,,.. , Pnonn JTJl "" " nu till! please you. Suppose you let us do you up an order one of theso days Just for n trial. Get somo of our coffee. Try our canned goods or Dreakfast Foods. Got your garden and flower seeds hero. Royal Theater ' March 4th and 5th Frank Hurko presents HARRY IIOLLIXGSWORTH & C( ln- trees will be sprayed and the cost levied ns n tnx against such proper ty. As to dlsoased treos, the right of cutting down or doctoring part of the trees lies wholly within the dis cretion of tho Inspector, if In his Judgment nn entire orchard is badly dlsoased and a inonnce, he has the right to order tho out Ire lot cut down nml burned. SPRING MILLINERY. On Friday nnd Saturday of this week I will have my complete line of Spring Millinery on display. MRS. ELROD. Cook's Grocery PHONE 180 Full Line Garden Seeds Just Received. 'Other People's Money'! Specialties Between Acts PRICES 15c and 23 Cents. Coal Cheapest Fuel Good Evening HAVE YOU AXY LAUNDRY? If so, do not forgot that thli I THE laundry whero you get the t' work, nnd prices nro In every one reach. Call up and one of the driv ers will call and oxplnln nil detail to you. All tolephono calls aro quick ly attended to, becauso wo are run ning two wngonB, OUR GUARANTEE IS YOUR SAT' ISPAOTIOX. MARSHFIELD ITAXD AND STEAtf LAUNDRY. Mauzey ljros., Prop. Phone 22 IIASEllAI.T, Rimnll.ic nt Tim -! "If Mr. Fulton Is not willing to ac-.tlons ns will preserve the paramount I XERY. ! on Coos Bay I.um,. coal 91.30. xt coal ,.oo. , Jo do nn KiDd8 of hauU contracting. 1Iorses For quick delivery call on Have That Roof Fixed NOW See CORTHELL Phone Sim. , sale. I m1m1 fii L. 210-213 Coos Building L phono 120-0 " L K PHONE 214-J i".,., ' I "D T"K TIMES' WANT .VDS. Good Livery Service Fancy now rigs, good horses a"1 careful drivers nro now at the dis posal of the Coos Bay public at KEASOXAHLE RATES Rigs or rigs with drivers ready W any trip anywhere any time. Horse hoarded nnd rigs cared !or, New hearse and special accommo dations provided for funeral partle5' W. L. CONDRON'S LIVERY AND FEED STABLES rnONE 373-J. ifU