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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Nov. 1, 1910)
I. . . I M . I ' MEDFORD MAIL TRIBUNE, MEDFORD, OREGON TUESDAY, NOVEMBER 1, 1910. sV ? W- iii J & AS, it r iaBi;A r , - r KING'S FAMOUS DISSENTING OPINION , IN CRATER LAKE HIGHWAY CASE Supreme Court Justice Who Held That Southern Oregon Was as Much Entitled to Appropriations as Other Sections and That Holding the Appropriation Invalid Violated the Letcr and Spirit of the Constitution. i r ? rwk2r ttLHsBssBBSflaPCT f 9flsssssw6&f wilBitwII WILL R. KING, JUSTICE OF THE SUPREME COURT ! JiuIko Will R. King of tho supremo court, camlidnto for re-election on the non-partisan and democratic tickets, should receivo a unanimous voto in southern Oregon, renrdlc3s of party, not only for his acknowl edged ability, but for his broadness of vision and his fairness to this spction of the state. ( When tho faupremo court last Feb ruary hold tho Crator Lnko highway appropriation invalid, Judge King wrote a dissenting opinion, which in its way is a classic and has endenred him to the heart Of ovoryCrntor Lake enthusiast. In pnrt this decision, championing tho rights of this sec tion, is as follows: "Can wo then consistently hold that under this section of our funda mental lawi tho state has tho right to appropriate money for the pur pose of connecting on our northern boundary two divisions of tho state, requiring tho tnxpayers in remote seetious to contribute to such appro priations, merely becnuso tho means of transportation is in cars upon this lnchwuy, nnd at the snmo titno hold that tho &niuo rnngo of moun- tnni nmv not bo pierced by another and l"s exponsivo class of highwnvH wagon roads noar its southern boundary, opening, thereby, tho only pprnctunl means of comminiicntion Anilablc to the peoplo of tho two separated localities of such remote section! And shall it be held that the pei j 'e along tho Willamette river, thruich the generosity of tho stnto nppr pmtion for tho locks nt Ore eon Ut, shnll bo commercially unit ed north and south, and nt the same u'.i a like privilcgu to the citizens of the two divisions enfet and west of the ( asemle range near our bouth- an her 'f rst I think not. Such in- coiiMstt icy was certainly not in- t--i ded b tho conceded broad-mind ed, f r s-eemg and nblo men of which die ft vrntion was composed. It is k'ai .J stion, as intimated, whether he ho it'iem part of tho stnto has iee'1, ir is receiving its proportion f state appropriations but whether ;m rule of construction bhall bo np- Ijed, when disbursements by tho into 6U"11 bo made for highways in ho uorthern and northwestern pnrt if the stato and n different rule erwul v.ben disbursements aro auth orized f r highways in the 'southern nd southwestern districts. I deem he precedent established, by holdiuc ho act nndor consideration oid, to c far-reaehuiir and portentous in its nsultant effects. "iong the lino of this contem latei ruad and within the western oui''ar f Ivlnmnth county is what ln)n as tho Crater Lake Ka on pak Of this pnrk and its crcil ture and t advantages ve m ike iuuiumi Kiiowteuge, uui in ete-. inr.' whether the benefits to cer " to i be stato at large nr siif- eie t ti -""'-5 ' highway o'i of ubl " ra r lhaifcat Importance, o aro ro eft to this lesoitreo alone. Ke tae together wjh plaintiffs ss.- n m his pleadings, the un !iutradited testimony of witnesses koo hie! standing and infonnato., , the subteot is unquestioned. "The l "a"r i.ase tusinci -is ji e r irthwestern pari of Klamath unt. adiacenMoJnekson connlj. t within tho government forest reserve, nnd, prior to 18G5, was practically uuknown; but in 1002 was, by tho government, 6ct asido as a national park, since which timo it hns been known as Crater Lako national park. It contains, npproximutely 100,000 acres, or 230 square miles of terri tory, tho grandeur of which is un excelled, either on this continent or elbow her, nnd when properly opened by traversable highways, promises to rank through its wondrous scenic benuty and. unparalleled geological formation, as ono of tho most valu ablo resources of our stato. " Summing np Justico King sa,ys : "In view of the conceded facts, :t would tt'om tho public importance ns compared to tho local benefits could hardly ndmit of doubt. Ono of the great assets of any commonwealth i its scenerj, its freaks of nnture, whether in its rugged mountains or its vnllqys; its Jakes, mammoth enves, hot springs, as in Arkansas, or gey sers, such ns appear in Yellowstone pnrk, etc. Upon assets of this char acter many of the railway lines throughout tho various states in which they oporato, such as those along tho Columbia, tho 'Denver A; Itio Grande, and other so-cnllcd scenic railways, rely for much of their income; and tho states in which tho natural wonders mny be situated proportiountely share in tho bonoflts accruing therefrom. . "Considering, then, tho combined advantages to nccruo to tho stato bv uniting nnd bringing in touch with each other tho two great divisions of tho state, ns shown, together with tho opening to the peoplo of tho cu tiro stato by a convenient road whnt promijs to bo ono among the great public pnrks and natural woudors of tho continent, can it 'bp legally held that the aqt in question is voidf Holding uncqiihtitutionnl this not violates, I think, both tho lotter nnd spirit of tho constitution, and es pecially disregards the nilo of con struction inokod by this court in nn unbroken lino' of decisions for half a i-entury. to tho. effect that constitutions, in order tbnt the ob ject of tho government mny bo ac complished. miM bo construed liber ally and along broad, general lines; nnd that before an act shall by the courts be unnulled nnd held for naught, tho conflict must appear be yond a reasonable doubt. Docs tho .showing mnde in this instance elim inate all reasonable d(ibt ns to the validity of the uetf I think not. In fact, I can see no room lor n sub stantial doubt upon the sibject, and must, therefore, record my dissent from the conclusion announced bv the majority." CONTRACTOR SHOOTS AND KILLS ENGINEER PORTLAND, Or.. Nor. 1-Frank Porter, a civil engineer, was shot and instantly killed by Charles E. Cottage, a prominent contratcor, at Tenth and Draiee streets tbla fore noon, following a quarrel. Cottage was Immediately captured by persons who wltnesBod the shoot ing and was taken to tbo police sta tion, where he is held pending; an In vestigation into the affray WHAT IS THE Name OF THE FINEST Flour If you are a user of tho flour that wo haudlo it won't tako 3-011 long to answer this ques tion. If you don't uso the flour wo sell you haven't triod tho best flour sold in this city. Most bakers uso a cheaper flour in their bakery products thoy can raako moro on their bread. Wo arc sure that PURE WHITE is the finest flour, for wo havo triod and found it to bo hotter than anything wo over tried. Havo you tried it T WHAT IS THE Brand ON THE BEST Coffee Hundreds of homes right hero inModford would answer right off tho icol. If you aro a cus tomer of this store you enn an swer, too. "Golden Onto" is tho name and you'll find that wo arc not exaggerating when wo claim that it is tho best. Wo think so hundreds of fam ilies in this section of tho coun try think so you will think so if you try it. Let us send you n pound next timo you need coffee. GROCERIES? Anything you want in the nlnMlA ntiH In nAif si t lirt a " niu;iu uiiu jluijuj iuwuij uuv Allen & Reag Phone Main 2711 Main and Central 1 Diaries for 1911 v Complete line. "Prices Always Right." Medford Book Store COME 2 3 Pines cn got oomo of tho ilKD SOIL which gives tho rich color 2 FRUIT D, 10 and 20-acro tracts from D5 to $125 por aero. If you wish employment whllo tho trees nnd vegetables aro grow ing, you can get It nearby, at 3 Pines, tho new lumber city, IIOWLAND Room 3, liMJ E. Main' Bt. XZ ASHLAND Gzmmeiaazrf, cMt&p r-S)S Ashland, Oregon Swedonburg Block This is the school thnt will make you Suc cessful, Train you for Business and Help you to a Position. BOOKKEEPING, SHORTHAND AND ENGLISH Secure your Business Education at home ata very moderate expense and, if you wish, we will secure you a position in any of the large commercial centers. NO BETTER SCHOOL ANYWHERE AT ANY PRICE ENTER AT ANY TIME P. RITNER, A. M., President. rS Jim' ' IV ' nr- T t 1 f i t op arm lianas ana urcnaras Fine ranch, partly sot to trees, fine soil, good location, to exchange for Seattle property 50 acres, just north oi; Phoenix; county road runs through it; heavily wooded; will cut into 5, 10 and 15-acre tracts. Must soil at once. One-third cash will handle ' 28 acres, fine Bear creek bottom land, subject to ditch cheap and good terms. 23 acres in Crestbrpok, Half got to trees; fine buy if tak en at once. $2500.00 will handle: Comer lot on West Main; lot 1, block 1, Highland Parle. Make me nn offer. House and lot on West Side, $425. We havo tho finest of bearing orchards, large tracts for colonizing and timber for further orders. Any thing in real estate at D. H. JACKSON (SL COMPANY 118V WEST MAIN STREET 'Hp 'A aiS 1-J! rj n - 1! Medford Theater I -" -' Friday Night Nov. 4 I -1' I , I THE TIME IS HERE E B. PATTERSON i THE QUAKER NURSERYMAN J is booking orders now for early fall plant ing. Don't delay in placing your order, all stock guaranteed. a . Office 116 Main Street RED SOIL Fruit lands, cleared or uncleared. Terms to suit the buyer. See Howland, the owner, or The Van Dyke Realty Co. Room 3. 123 Main Street DENJktAN THOMPSON and GEO. W. BYER'S Everlasting Character Play OUR NEW MINISTER A Story of Life in New England by the authors of "THE OLD HOMESTEAD" Coming from its third successful engagement in New York City, and fifth in Chicago. SAME NOTE.D CAvSTS MAGNIFICENT PRODUCTION Seat sale begins Wednesday, Noyember 2. , - ? i1 " : -JS "? R. F. Guerin & Co. 4 Medford National Bank Building have Two.tlfousand dollars to loan at ton per cent. Ten thousand dollars to loan at eight per cent ' and other amounts at similar rates. First mortgage real estate security only. Medford Theatre One Night Only Tuesday, Nov. 1 " America's Leading Emotional Actreaw Virg'itia Harned in Herbert Bashford's Success, The Woman he Married A Drama of Today, PRICES 50c, $1.00, $1.50. Seals on sale Saturday, October 29. lr J . .A -.' JJ Vf,'' M i V ' The Fair Oaks Orchard Tracts Close to Medford. Good splendid soil. Sub-irrijratcd and abore frost line 70 acres now planted to pears and ap ples. Prices rijjht and termB easy. Let mo show you a pood real estate investment. Earl C. Sabin Room 202 Fruitgrowers Bank Building. Campbell & Bauinbach REAL ESTATE, LOANS, COUNTY WARRANTS, CITY AND SCHOOL BONDS Money on hand at all times to loan on improved farms and city property. PHONE 3231. 203 FRUITGROWERS BANK BUILDING. F JgUii BMtf J. E. ENYART, President. J A. PERRY. Vice-President. JOHN S. ORTU, Cashier. W. B. JACKSON. Ass't Cashier. THE MEDFORD NATIONAL BANK Capital, $100,000.00 Surplus, $20,000.00 SAFE DEPOSIT BOXES FOR RENT. A GENERAL BANKING BUSINESS TRANSACTED WE SOLICIT YOUR PATRONAGE. Rogue River Fish Co. DEAL ERS IN Ii'rckli Halted and Smoked Pisli; Imported Clttcso and Macaroai; Frtftli OyatcrH, Poultry nnd Egg. 117 NORTH Flit ST. 1MI0NU af21 Walter Hayter & Co. - ' J 4 tM (a. "B Tho P, & E. R. R. will soon be at Butte Falls, Oregon Wo can then handle your orders. Place them now. Write or Phone ua for xrices. Butte Falls Lumber Co. jW -- Work-f.eelere read every help wanted ad. Your ad will et you ap plications from the best of tho "cli-Kibles." Hasklss for health. I The Best Sub-Division Proposition I In the Rogue River-valley 170 ACnCS, HALF 3IILK FI10M RAILltOAD STATION 9 116 acres la grain, 10 acres In 2-yonr-old pears; 45 acres In brush 'and'tlmber, easily cleared; no waste; good house, two barns, all fenced with -woven wlro; telephone; R. F. D. part Irrigated. Prlci-. $165 per acre; total. 126,360. Terms; 17600 cash; $4000 ono year, 0 per cent; 114,860 five years, 6 jer ajat. HUNTLEY - KREMER COMPANY Sfi FKUlTOHOWKKfi' JilANK. WMHIMHHMHMMnHIMMHI S Jr hj Kj I A L ' -"' y. A Small Bearing Orchard. Attrectiv Price Easy Terms W. T. York & Co. S .' A'VJRJ ' r JF7 fca . 8VI W BFft-Bl