Evening Roseburg review., May 23, 1905, Image 1

Evening
Roseburg Review.
Vol. VIII.
ROSEBURG, OREGON, TUESDAY EVENING, MAY 23, 1905.
No. 72.
TIT
Judge Hamilton Decides Against
R. D. Hume,
IS FAMOUS FISHING CASES
Special Law Giving Hume Exclusive
Bights on Rogue River Held
. to be Invalid.
COQUILLE, May 22. iaigi Hamil
ton has banded down three decisions
from the circuit court In which K. D.
Hume's fishing interests on Rogue
river are involved. The first case is
Hume against Burns, in which Hume
claims exclusive right to fish in front of
his tide lands extending from the
mouth of Kogue river 10 miles up river
on one side and eight miles on the
other. In this case the law is held un
constitutional and Hume's claim of ex
clusive right is denied, the injunction
dlssolv ed and the bill dismissed.
The second case is Hume against
Burns in which Hume sought to enjoin
Burns from building a packing, house
on certain lands at Gold Bsach, Hume
claiming the land.
The other case was Burns against
Hume, in which Burns asked to have a
deed to Hume set aside as fraudulent.
Burns hld the land under contract to
purchase from a third party, Burns al
lowed Hume's counsel to take the con
tract (which had not been recorded)
for tbe purpose of examining it. The
contract was returned to the grantor
who then executed a deed to the land
to Hume. Hume immediately brought
an action of ejeotment and dispossessed
Burns before an injunction could be
obtained. The court held that Hume's
deed was obtained through fraud and
put Burns in possession of the land.
The first of these cases settles the
Hume fishery question which was the
cause of so much controversy and one
libel suit during the recent session of
the legislature. E. B. Burns, the ad
verse party to Hume in these suits, Is
an uncle of Robert Burns, joint repre
sentative from Coos and Curry, and the
issue of the campaign last year was
virtually on this same question Burns,
r
We Make Our Money on junk
That's the reason why we can sell new
and f irstclassf urniture CHEAPERthan
a store that depends on furniture alone
for profit. Our whole stock of
Stoves, Ranges, Hardware, Furniture and House
hold Goods has been marked in plain figures.
CALL AND EXAMINE THE GOODS AND GET THE PRICES
WE BUY, SELL AND EXCHANGE
Roseburg Furniture Co.
THE-
IN THE MARSTERS BLOCK
Democrat, carrying by a plurality of.
65 a distriot which usually goes 800 j
Republican majority. It is understood
that Hume will appeal to the supreme i
In his decision in the first and mo9t
Important of these cases, Judge Hamil
ton says, in part:
Tbe above named cause is a suit In
equity. The plaintiff Is the owner of
the land on either side of the Rogue
river, a navigable stream in Oregon,
for S distance of several miles from Its
mouth. The Plaintiff, by his bill filed
in this court, and evidence, claims the
right to exclude all others from fishing
in the river. To use his own expres
sion, it is "his private salmon fishery."
As the Rogue river Is perhaps ex
celled by no other stream in Oregon,
except tbe Columbia, In its supply of
the salmon fish, thus contributing to
the wealth of a state through one of its
natural resources, it will be seen at
once( that the question invplved is one
of importance. The Defendants having
fished in the river by drilling anu sein
ing therein, but did not use the tide
land of Plaintiff further than to row a
boat over the waters overflowing said
tide lands, and at times to get out of
their boats into the water, there stand
lug while drawing the seine or net into
the boat. By so doing are the Defend
ants trespassing upon the lands of
Plaintiff?
Plaintiff bases his claim upon these
grounds:
First. That having purchased from
the state the tide lands adjacont to tbe
river, that thereby is conferred upon
him the exclusive right of fishery.
Second. That he has acquired the
right by prescription.
Third. That by virtue of a special
act of the legislative assembly of Ore
gon of 18!W, applicable alone to Curry
county, he has acquired the right to ex
olude all others from fishing in said
river.
I shall consider these several con
tentions in their order.
Upon the first claim the court has
been treated to a disquisition of the
English law with the apparent view of
establishing that at one time It was
within the power of the tbe king of
Eagland to make private grants of
fisheries.
It is held, however, that since the
time of Magna Cbarta, the king did
not have such right, that could b9 the
subject of private grant by blm. And
whether .the prohibition is found in
Magna Cbarta or not, the general rule
now Is that In tidal waters all have an
equal right to fish and that this right
Continued on pse 4.
NEW STORE
JACKSON AND CASS STREETS
SMOOfH FORGER INDICTED
m vK Wanted In Several
r rf
stales urana jury Adjourns.
The grand jury of the current torm
, of the circuit court completed it labors
this morning by returning two more
true bills, and submitting their final
report, after which they were dis
charged. One of the bills charges T.
C. Bloomer, with violating the Local
Option law by selling Intoxicating
liquor in Deer Creek precinct, which
went "dry" at tho election last Novem
ber. Mr. Bloomer has deposited the
required bail of $250 to insure his ap
pearance for arraignment at the next
regular term of court in October.
Tbe second indictment returned by
the grand jury is against Philip Mc
Intyre, the well-educated and olly-
tonguod swindler, who obtained $150
from the First National Bank of Rose
burg, In 1004, by means of a spurious
check. He committed similar offenses
in various states of the union. A Pink-
erton detective finally arrested Mc
lutyre in New York City a few months
ago and the forger was taken to Vir
ginia to answer to a charge against
him in that state.
CIVIL CASES.
W. Hans Christoferson vs Win Jj
Moorey et al, suit to set aside deed, j
Buchanan & Greninger and C. S. Jack
son,, attys for pin"; Guerry & Hollister,
fordbft.- Argued and submlttod.
AA. Maurice Abraham et al, vs
Mrs C Clark, action for money and in
junction. Albert Abraham, atty for
pllf; Coshow & Iiico, attys for doft.
Pltf. and doft. each given 30 duys in
which to file briefs.
KK A L David vs-Win Moore et al,
action at law, on mandate sup court.
J A Buchanan, C S Jackson and John
TLong, attys for pill; Dextor Rice
atty for deft. Argued and submitted.
FINAL REPORT OP GRAND JURY.
To Hon. J. W. Hamilton, Judge:
We, the grand jury, of the May, 1905,
term of the ciroult oourt for Douglas
county, Oregon, in our final report
say: That we have examined into the
commission of all crimes triable within
Douglas county, Oregon, coming to our
knowledge, and have disposed of the
the samo according to our best judg
ment. We have examined the evidence in a
number of Important caseB where we
have not returned Indictments, for the
reason that we could not find sufficient
evidence to warrant a conviction in the
trial court.
We have examined the several offices
J
of the county officials and find the
records neatly kept and the officers
obliging.
We recommend that the county court
cause a cement sidewalk to be con
structed along the courthouse property
fronting the Deer creek road.
We suggest a witness room be pro
vided for the witnesses that may be
called before any grand jury in tho
future.
Having completed our labors we as',
to be discharged.
T. B. Johns, foreman,
D. P. McKay,
Sam'l. Whittaker.
S. W. Bavless,
H. N. Coiiu,
W. P. TOTTEN,
J. B. Morris.
Filed May 23, 1005.
Strictly Genuine.
Most of tho patent medicine testimon
ials are probably ge. uine. The follow
ing notice recently appeared In tho
Atchison (Kan.) Glo'je: "Joe Tack, a
well known engineer, running on the
Missouri Pacific bet .veen Wichita and
Kiowa, lately appe.n -ed in a big one,
in a picture, and wl.cn he was in this
office today, we ask d him about It.
He says he had ter. ifio pains In his
stomach, and thornlit he had cancer.
His druggist recommended Kodol and
he says it cured him He recommend
ed it to others who ere also cured."
Kodol Dyspepsia Cw digests what you
est, and cures all :.tomach troubles
Just as surely as th sun shines your
stomach can bo br-ight back to its
originally pure c- itlltlon and life
Bweetened by this h ing and truly tbe
greatest digestant .;nown. Sold by
Fuller ton & Kicbart'auo.
DRINKS CAR'JLIC ACID
Critic Teacher Al li mouth Suicides
For Reason Unknown.
MONMOUTH,, Or.!" May 22.-Miss
Daisy B. Huntington, aged 23, and
critic teacher In the training depart-
ment at the Oregon State Normal
School at Monmouth, committed
Hjlcide yesterday afternoon by drinb
iucr carbolic acid.
Mystery surrounds the cause of Miss
Huntington's sudden taking off.
Locally, there wore no known causes,
except, perhaps, an . extreme home-
in the training department was not
, good. Something in ber life before she
j came here from her home in Illinois is
' supposed to have led to her despond
ency.
Terrific Race With Death.
'Death wns fast approaching," writes
Ralph F. Fernandez, of Tampa, Fin-,
describing his fearful race with death,
as a result of liver trouble and heart
disease, which had robbed me of sleep
and of all Interest In life. I had tried
many different doctors and several
medicines, but got no benefit, until I
began to use Electric Bitters. So
wonderful was their effect, that in
three days I felt like a new man, anu
......... T - All n. tMi,V.lQB "
today I am cured of all my troubles."
Guaranteed at A. C. Marsters and Go's
drug store: price 50c.
Wood and hay for sale. Leaveordorsl
at J. F. Barker & Cn'a. d-sw-tf.
37
OLD DR. RUSSELL INTRODUCED THE GREAT TONIC, CASCADE
For mnnv veflrs the residents of this :
country were cured of their ills oy (Jiu
Doctor Russell's p.-oscrlptlons, and
manv ploneerB will testify to the cor
rectness of this statement. The Great, j
Tonic which now bears the name of j
'Cmu-mle." is made from the recipe of
Dr. Ruf'cll, and during recent years
has sprung Into world-wine use in me
treatment and cure of Stomach, Intes
tinal, Liver and Blood Disorders.
Nearly all diseases are caused by tbe
imnerfeet working of the digestive
system. The way to getwell and stay
well s to build up stomach and inte-
Hnftl functions. reBtflrimr a normal
assimilation, producing health awl
Btrengtb, vigorous nerves ana active
circulation of good rich blooii. Don't.
he illsconraeed If von have not been
cured, If you have not tried Cascade.
CURES THESE DISEASES.
There are known diseases that are
caused by a bad stomach; due to Im
proper digestion, or poorly assimilated
food. Tbe best food on earth would
not make good blood if poorly digested.
Every di'ease In the following llBt has
been cured by Cascade so many times
that we Guarantee It to cure you, or
refund your money
Dyspepsia
Skin Diseases
Indigestion
Insomoia
Poor Appetite
Stomach' Troubles
Billlousness
Fever & Ague
on
IS RUSSIAN ADMIRAL DEAD?
So Reported in Paris and That
Ncbogatoft Has Succeeded
RojestvcnsKy.
Special to Evening Review.
St. Petersburg, May 23. Admiral
Parenget has been placed in command
of the fourth Baltic fleet and ordered
to sail for the far east on June 14.
A dispatch from tbe front states that
Geu. Kaulbars, oommander of tbe sec
ond Manchurian army, will return to
Russia.
ROJESTVENSKY REPORTED DEAD
Paris, May 23. According to re
ports received here last night Admiral
Rojestvensky's Illness has resulted fa
tally and Admiral Nebogatoff has as-
aumed entire command of tbe Russian
fleet. It is also reported that tbe Rus
sians will rendezvous at some of the
islands north of Luzon In order to
dodtre tbe Japanese torpedoes. Sev-
eral colliers were seen on Uro off the
ooastof Frenoh Indo-China and the
vessels will be a total loss. .
puench military maneuvers.
; At a meeting of tho council of min
isters today it was announced that
f resident uooseveu. nas bccbijkju mo
invitation of France to send a military
n,i8Sion to witness the next general
mmtapy manoeuver8 near thl9 olty.
Time Tried and Merit Proven.
One Minute Cough Cure is right on
time when it comes to curing Coughs,
Croup, Whooping Cough, etc It 1b
perfectly harmless, pleasant to take
and Is the children's favorite cough
syrup. Fullerton & Richardson.
Graduating Exercises.
. -mm
The graduating exercises of the
Roseburg High School will be held in
the Opera House on Thursday after
noon and evening, May 25, 11105.
The following program Is for the
Commencement Exercises of the class
of '05 to be given on Thursday evening
at 8 o'clock. A cordial Invitation Is
,.,ii , n
Rin,.in0burff Orchestra.
Invocation, Rev. Renter of the M. E.
church.
Years
Sleeplessness
CoRtiveness
Bowel Troubles
Constipation
Kidnev Diseases
Sick Headache
Norvousness
Catarrh of - tho
Stomach
Brlghts Disease
Women's Diseases
Blood Polsbn
Uun Down System
Liver Troubles
Malaria
Heart TroubleB
Our faith In the merits of Cascade la
so great that In any of these diseuses
no matter how difficult we gladly send
to every patient a guarantee, covering
n t.wn months' test. Hundreds of other
sick people have found this true.
Women Bnd girls who suffer Ireqently
from Cramps, uacKacne, vomiting,
Dizziness or Fainting Knells should
know that if a few doses of Cascado
were taken at the first symptom they
would save all this unnecessary suffer
ing. It has cured hundreds of others
and why not you?
50c. WORTH FREE
Cascade l put up In One Dollar
Bottles Only but If you have never
taken It, and will try It, write us for an
order on a local druggist .'or a full sized
bottle A $1.00 Bottle for 60c. We
will pay tho druggist the other 50c.
ourselves. This applies to the first
bottle of course, only to those who have
norer tried It. This offer Is open to
everyone. But you must write us for
the order.
Will Sail. For Far East
June 14th.
Oration, "Educational Progress"
Hattle L. Brown.
Oration, "What Will Our Future
Be?" Maud E. Bridges.
Vocal Solo, selected Mrs. A. T.
Steiner.
Oration, "Educational Values" Alice
C. Mahn.
. Oration, "Discovery of America" -i
E. Oliva Kisley.
Solo, selected Elsie E. Benedick.
Oration, "Art of thePericlean Ago"
Dollie Smith.
Selection Roseburg Orchestra.
Oration, "Coronation of Character"
Elberta D. Tipton.
Vocal Solo, selected Dale Strange.
Oration, "Plea For Peace" Elmer
E. Wilson. . '
Address to the Class, Senator Fulton.
Duet, violin and cornet Miss Grif
fin and L. Belfils.
Presentation of Deplouias.
Selection ttoseburg Orchestra.
SUFFERED 15 YEARS
WITH DYSPEPSIA.
I hftvo boen a BiiiToror for (ho last 15 yearn
with UyHiivpsla ami have tried every rmnotly
available ami also many doctors, but fotmtl no
relief until I purchaxtHi a 25-ctmt package of
Acker's DyspojiKta Tablets, which nolpuii mo
iiniueil lately and two boxes entirely cured.
Hoping I may benollt Homo other HUfl'uror, I
null 5011 to publish this. Tiiomah I. Small,
wood, HO Houth Mochftulc tit., HprltiglloliU
Ohio.
For Dale by Hamilton Drug Co., KoBeburg.
Oakland Drug Co., Oakland,
tioud toV H. Hooker A Co., UutTalo, N. Y.
for a tree trial paokagu. (N uhttw UMTam
SHOES
AT
CUT PRICES
Shoes for Men, Boys, Women,
Misses and Children.
$3.50 Shoes are selling for. .$2.75
$3.00 " " " .. 2.00
$2.50 " " .. 1.75
$2.00 " " " .. 1.50
$1.75 ' 1.25
$1.50 " ' " , 1.00
$1.25 ' 90
$1.00 " " " .. .75
GET
INTO THE
RIGHT STORE
STANLEY'S
One door south of Hie poatofllco,'
Honeburg, Orugon.
Ago
You can hold a llfty cent pioce up so
closo to your eye that It will Bhut out
tho light of the whole world. Then
hold It at arm's longth and the com
parison becomes Insignificant. It Is
the same when 50c. stands botween you
and good sound health. Tho first bot
tle may be enough to effoct a cure but
we do not promise that. Nor do we
fear a loss of profit If It docs. For such
a test will convince the cured one that
evory word we say Is true. Merely
wrlto and ask and we will send you an
order for a full dollar bottle, for 60o.
Write to day.
CUT THIS COUPON OUT
For this offer may not appear again.
Fill out the blanks and mall It to
the Cascade Chemical Company,
Roeuburg, Oregon.
My Disease is
I have never tried Cascado, but If
you will give me an order for a full
one dollar bottle for 50c. I will try it.
Namb
Give full address. Write plainly.
Cascado Is recommended by phy-
...i 1 l.nA..l.al .11 tltA UTnak
as the best tonic. For salo by drug-
Aduhkss