DOUGLAS IS THE BEST COUNTY IN OREGON AND OREGON IS THE BEST STATE IN THE UNION. THESE ARE FACTS YOU CAN BANK UPON.
KEEP WELL POSTED
Ou the curreut events ol the world's
prosroni! by reading thu Uaily Kktikw.
i-Vivfrtil by carrier, 60 ent n.ontl,
Review
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iiounrementB placed in live papers the
Daily and TwicE-a-wbi Rivikw. ..Try
them there's none other go good.
OSEBURG
VOL. XI.
KOSKUVHG, OREGON', TIKSDAV EVKNINU, JII.Y SI, 1008.
NO. 121.
R
1ST AND 2ND
Council Takes Another Step
Toward Paving
BOND PROCEEDING BEGUN
Drlnkiog Fountain Accepted Etloil
to Secure Free Delivery ol
Mail is Aided
One more step toward street pav
ing was taken Monday, night, when
the necessary ordinances were given
first and second readings before the
city council. With the exception of
a few minor alterations, the ordin
ances, seven in ull.. embracing the
proposed paving area in its entirely,
are identical in language with the
resolutions published in the Hose
burg newspapers a few days ago. At
the next regular meeting of the
council, which will be held Monday
evening, August 3, the ordinances
will be given third and linal readings
and then placed on final passage.
Seven affirmative votes are neces
sary to pasB each of these ordinances,
but there is no reason to believe that
they will-not go through the council
unanimously. Not a solitary expres
sion against the paving has been
heard in the council, and to nil ap
pearances the project has smooth
sailing ahead. As previously staled
in The Review, no remonstrances
have been filed against the paving,
and tills fact alone is considered suf
ficiently strong enough to have deter
red any opposition to the project
that might have been contemplated
in any quarter.
On the night that It passes the
ordinances, the council will also au
thorize the recorder to advertise for
bids for laying the paving That will
require a week or ten days according
to the discretion of the council
What action will be taken after the
bids are opened cannot be forecast
ed with certainty. If the bids are
considered too high the council has
the right to reject them and adver
tise for new ones. Tf the lowest bid
is satisfactory, It will probably be
accepted without delay, followed by
the commencement of the work at
the earliest, possible day.
Paving Area and ro.-r.
Engineer F. C. Kelsay has placed
the probable cost of the street pav
ing at $61. 059.15. In addition, an
estimate of $6,000 Is required foi
the proposed new bridge of concrete
and steel over Deer Creek, and to
both amounts must' be added Mr,
Kelsay's commission; which will to
tal about 927U0. Then some rock
crushing and grading machinery
must be bought. This means a few
thousand dollars more. A represent
atlve of lleale & Co., of Portland.
dealers In crushers and graders, ap
peared before the council Monday
night and requested the privilege of
demonstrating the merits of such
equipment carried by his house
whenever the city got ready to buy
His request was granted. As to the
Deer Creek bridge, the council took
no action, other than to file a re
port from Engineer Kelsay. saying
that the survey was completed. As
soon as the plans and specification?
are received from Mr. Kelsay. steps
toward building the bridge will be
hurried along.
Mr. Kelsey's estimate of $0
0.19.15, for the street paving alone
covers all seven ordinances now In
procedure before the council. The
streets embraced, together with
Itemlxed cost, are the following:
EstnTd
Street Cost
CasB Main to Sheridan . .$1 2.77 1 .4
Jackson Lane to Douglas 17.809.4
Main Cass to Douglas.. 14. 139.
Douglas Jackson to east
line court house square 5,14.1
Washiagton Jackson to
Mail 1.03.7
Oak Jacksoa to Main... 1.003.7
Hbrldai Case to VofWr 8.1." I
The Doiitf Ordtawe.
Coicirresitly with th reaint of
lift strut infiM ordinaftref. tlx
cotsWl alse listen to trt and sec
ond t4 of an orttntnrp author
izlns the otttion of ;lfi.ooo wort
of bon. wit which to defray 50 per
ot of the cost not only of snrh pav
lr.. but of the Deer Creek bridee a
well. This ordinanae will also in
nlaced on Its final passaeeat th
npit ret'Air meeting of the council
The bonds will be issued, hnw
ever, until after the contract for th
paving is awarded. Following is the
bonding ordinance in full:
OKIUXAXCK Xt). .
n Ordinance Providing for the Is
suance of Bonds of the City ol
Koseburg, in the Sum of Thirty
Five Thousand Dollars, for the
Purpose of Paving and Otherwise
Improving the Streets of said City
of Koseburg, and for the Purpose
of Constructing a Bridge Across
Deer Creek in said City.
e it Ordained by the People of the
City of Koseburg:
Section 1. That iu order to pro
vide funds for the purpose of paving
and otherwise improving the streets
of the City of Koseburg, and for the
purpose of constructing a bridge
across Deer Creek In said City, the
ommon Council of the City of Kose
burg hereby determines ami resolves
to borrow on the faith of the City
f Roseburg the sum of Thirty-Five
housnnd Dollars and to issue bonds
of said City therefor.
Section z. Said bonds so to be is
sued shall be in denominations of
ive Hundred Dollars each, number
ed from 1 to 70 inclusive, payable
twenty years after the date of Is
suance, bearing interest at the rate
f five per centum per annum, from
date of issuance. They shall be
ated at the City of Koseburg. Ore
gon, on the date of Issuance, ajid said
Interest shall accrue and be paynble
semi-annually each year thereafter.
That snid bonds to be issued as
foresaid shall be issued in the form
following, to-wlt:
UNITED STATES OF AMERICA,.
STATE OF OREGON,
No $500.00
ROSEBURG STREET IMPROVE-.
MENT BONDS.
Act of May 6. 1007.
'aynble In Gold Coin of the l;nited
States Twenty Years From Date.
KNOW ALL MEN BY THESE
PRESENTS: That the City of Rose
burg, Douglas County, Oregon, for
alue received, hereby promises and
agrees to pay to the bearer the sum
of Five Hundred Dollars In gold coin
of the United States of America
the presentation nnd surrender of
this obligation, on the day
f 1928. with
in t grace, - redeemable on or after
hat date, and interest thereon from
he date hereof at the rate of five
per centum per annum,' payable
iemi-annually In like gold coin on
the day of
ind the day of .... 7 ... .
. . . . in each and every year unlll
he said principal sum shall be paid
ipon the presentation and surrender
tf the proper coupons hereto annex-
d; principal and interest payable at
he ofllce of the Treasurer of the
ity of Roseburg, Douglas County
Oregon.
This bond and the coupons hereto
mnexed are Issued in accordance
with and in conformity to and by vir
tue of the laws, general and special
)f the State of Oregon nnd the Char
er of the City of Roseburg, and In
accordance with a vote of a majority
it the qualified voters of the City of
Roseburg voting at an election duly
ailed and held under the provisions
)f the Charter of the said City,
he 2nd day of April. 1008.
That all the conditions nnd acts
irecedent to the issuing of this oh
ligation have been regularly per
formed according to law. and that
he total bonded indebtedness of said
7lty Including this issue, does not
xceed the total bonded Indebtedness
of said City as allowed by Inw; and
he faith of the City of Roseburg
;s Irrevocably pledged to the full pay-
n put of said principal nnd interest as
herein provided.
In Testimony Whereof, this bond
as been signed by the Mayor and
Recorder of the City of Roseburg, in
onformity with an Ordinance of said
CRy directing tlu snme.
Dated at said City of Koseburg,
Oregon, this day or
, , 1908.
Mayor of the City
Roseburg, Oregon.
of
Attest:
Recorder of the City of
Koseburg, Oregon.
Section 3. It Is hereby ordered
and directed that E. V. Hoover. May
or of said City of Koseburg, and A.
N Orcutt, Recorder of said City, or
their successors in office, be nnd
hereby are authorized and empower
ed and directed for and on behalf of
aid City of Koseburg. to properly
execute and sign said bonds and the
coupons thereto annexed,
Section 4. That the said coupons
o attached to said bonds shall be in
th form following, to-wlt
STATE .Of .OitrON .CITT .OF
ROSkUH'KG.
No 12.50
The City of R'burg. Ori. will
iigv the Utrr Twelvt ind 50-100
l"dlrt In told coia frf Hit Uaitrd
Stat of tmeri. at th o4tt ol th
Treasurer of ttid Cltt ha tft ssi
City of ll bint oft th 4my
of It
ing six ninths Intere on Kr butw
Street Improvement iMnd. No.
p. .
Recorder of .e City
of Ro-itirg. (Jrron
Section 5. The Recorder W paid
City Is hereby ordered and directed
to advertise
for two consecutive
weeks in the Umuqua Valley News.
a semi-weekly newspaper published
Koseburg. and in the Koseburg
uevunv, a unuy newspaper puuiisueci
Iu said city, and for at least three asking lor the establishment of a
consecutive Issues in the Morning freo mail delivery in this city. Mr.
Oregoniau, a daily newspaper pub- Zureher explained that before such a
lished iu the City of Portland, Ore- J petition could be granted the streets
gon, for sealed proposals to purchase of the city would have to be desiguat
said bonds or any part thereof, which 'ed on posted signs and the houses
said advertisement shall state the
amount of bonda to be Bold, the time
lie Buuie nui ucuume uuc, turn lilt)
rate of interest thereon, and the
date at which proposals will be con
sidered, which shall be the ......
day of August, 1908.
Section Q. Upon said day
of August. 1908, the Common Coun
cil shall meet in special session and
proceed to open said proposals; and
hereby reserves the right to reject
any or nil proposals, and to award
said bonds or any part thereof to
he firm, person, persons, -company
or corporation making the best offer
jr offers therefor. If for any reason
a quorum of said Council should not
be present at said meeting, those
nresent shall adjourn to the next
succeeding dny and so on until a
quorum shall be present. If no
bids should be received at said time.
or if all bids, or proposals should be
oy the Council rejected, the Council
nay thereupon by resolution direct a
re-advertisement for Iproposnts, to
oe received at such time as the Cour.-
il shall in said resolution specify;
and this ordinance shall in all things
ipply to the sale and issuance of
bonds thereunder.
Section 7. Upon the sale of said
M-nds as specified In Section f of
his ordinnnce. the Council shall di
rect by resolution to whom the same
have been awarded and the date said
bonds are to be issued; and the May
or and Recorder shall thereupon pro
ceed to execute the same as herein
before provided.
Section 8. Said bonds so issued
is nforesaid shall be delivered to the
mrchaser thereof as hereinbefore
rovided, upon the payment by said
mrchaser to the City Treasurer of
he amount bidden therefor.
Section 9. There shnil be created
out of the funds received from the
tale of said bonds a special fund to
be designated as "Street Improve-
iient Fund," which shall bo kept by
he Treasurer separate from other
funds. nnd used only for the pur-
Kses of paying warrants drawn on
'hat fund for the purposes men
'.loned in this ordinance.
Section 10. It being desirable
ind necessary to advertise for the
ale of said bonds at the earliest
Into possible, this ordinance shnll he
n full force and effect immediate);
ipon its final passage by the Com
non Council nnd Its approvnl by the
M a yor,
Passed the Common Council the
...... day of
1908.
Approved by the Mayor the
lay of 1908
Attest:
Mayor.
Recorder.
Fountain Accepted.
On behalf of the '95 Mentnl Cul
fure Club nnd the W. C. T. IT., of
his city, Councllmnn Josephson ten
lered to the City of RoReburg the
benutiful and serviceable public
lrlnklng fountain purchased by these
'wo organizations. The donation
'arrled the conditions that the
'ountain be Installed and maintained
at the city's expense. This didn't
'dense Mayor Hoover one bit. "I
will cost about $100 to Install this
fountain," he said, "and I think if a
gift Is to be made to the city It ought
o be free from expense on our part
3tlll," he added, "once the fountain
s the property of the eitv we would
be nt liberty to trade R off for severa'
smaller ones, such aR Is used In Se
aftle and other big cities."
When the question of accepting
'he fountain was put to a vote It car-
led unanimously, linked with a tot
of thanks.
For Free Delivery.
J. D. Zurcher, secretary of th
One of the
Essentials
of the happy homes of to-day is a vast
fund of information as to the bent method!
of promoting health and happiness and
right living and knowledge of the world
best product.
Products of act al excellency and
r"a"onabWr claiiiM truthfully presented
il which haTa attained io vnrM-widv
arcefjtanre throutf aptoviJ "f tWc
YM-IifurmKl of tb W.i, 4 of m-
tlu.J uJf , but f th awtay Wirt
th faculty of Vmtf arf otW
iaj thr bt Ife w4jl 'h.
( ta tb prilira 0 tit, of
Haw ffw.irki irt m h:tlui
, 4v"tM I t iy.ier d h-i
M; hl If tM ft ill-informed L4l the
Vi'jfMrwa valuable and wholesome family
filaxaiute the wcll-kifovn .Syrup of I fp
and Llixir of Senna. To get it leneficial
effccU always buy the genuine, manu
factum! by the California Fig Syrup Co
only, and for aale by alllcaajng druggists,
Koseburg Commercial Club, addres-
Bed the council iu regard to a pelt-
uou to uie posunasier general, aign-
uj uuuuivub ui nuai-uui6 viutouo,
systematically numbered. The Corn-
mercial Club, Mr. Zurcher Btated, had
tllned different Bystems for huuue
numbering that merited the consider-
lion o( the council. Upon motion.
Mayor Hoover appointed a commit
tee, consisting of Josephson, Long
d Ityun, to confer ou tills matter
Ull a committee of the Commercial
ub.
Muyor IVrltles a Question.
On beliulf of a number of his wnrd
contltuency. Councilman Kisher ask-
for the privilege of constructing a
sewer from the Intersection of Kow-
ler and Court streets, thence across
Pltzer street to Ella street and thence
Douglas street. Mr. KlBher ex-
ulned thut such a sewer would be
laid without one cent of expense to
the city.- Councilman Josephson rais
ed a question as to whether the par
ies wishing to lay the sewer could
prevent anyone else from connecting
ith It should they desire to do so.
He made n motion to refer the mnttor
to the judiciary committee, and the
vo'te stood 5 to G. This mt the ques
tion up to the mayor for the docki
ng vote, ftsner maae a strong Br-
ument for his cause, and Mlcelll
lacked htm up with the statement
hat property owners should be en-
ournged to build sewers rather thnii
llscouraged. TIioro pleas won for
he cause, Mayor Hoover casting his
vote against the motion. A motion
o grant the privilege of laying the
lower was then put to a vote and It
arried unanimously.
To Itcliulld S'wer.
Councilman Josephson brought up
that mooted question of the disposl-
on of the Mill nnd Pine street sew-
which has been troubling the
oinicil, likewise several property
iwnrs, for the past three years. Thlp
tewer was laid In such a manner that
ve of the abutting property owners
ould not make connections, and nnt-
rally they refused to pay assess
ments. Those delinquents, together
itli property owners who really hnd
joen benefitted by the sewer, sued
o enjoin the city from collecting the
issessmonts, but they lost, although
n purely technical grounds. Judge
iamilton, before whom the case was
rled. held In effect Hint If those who
ere not ' benefitted by the sewer
iliottld sue tho city separately they
ould not be made to pay. Those
vho had been benefitted, however.
vere liable to the payment of the
mounts nssessed against them. In
irder to hold these latter properly
iwners to payment It was necessary
to decide the suit in favor of the
Ity, notwithstanding they were Jiiln
d in litigation with those who wore
not benefitted.
After discussing tho matter for
:everal minutes, tho council decided
hat the best way out of the difficulty
A-as to re-lay the sewer. A commit-
ee consisting of Worthlngton, Hat-
Ick and Kotilliagen was named to
iscertaln the probable cost of the
ndertnklng. While the contractors
vho laid the sewer did a botch job
hey can hardly be held liable be-
ause a committee of the .council at
hat time "inspected" the work and
renounced it O. K-, whereupon It
vos formnlly occepted- by tho conn
II.
Miscellaneous
I. J. Hobinett was awarded'a con
riii-t for the grading and gravelling
f West First street and First Avenue
s'orth, In Kinney's addition. Mr.
tobinett submitted the only bid for
ho work, it was $4fiG, or only $fl
ibove the city engineer's estlniate.
Chairman Wright, of the light
ommlttee, recommended the Instal
ntlon of a 32-candle power imnn
lescent light on upper Douglas
treet, between the arc light and nn
ncandescent light at the summit of
he hill. Accepted
A resolution providing for a sewer
in Douglas street, from Hit
Claire street, was adopted.
(Itv Treasurer reported fl.32ri.40
on hand at the end of the quarter
June 30.
Doctors Could Not Help Her.
'I had kidney trouble for yenrs,"
writes Mrs. Raymond Conner, of
Shelton, Wash., "and tho doctorf
could not help me. I tried Holey s
Kidney Cure, and tne very first dose
ave me relief and I air now cured.
I cannot soy to much for roleys
Kidney Cr." It nakM to dls
med kWays imi m they will
.llniufltt tit yoisnw froet tiie
Muu4. 1:iIhs tkay o tkkt, I
hriltli W InpwIkM. tM (.!(
TEA
Ynu can have it good tf
you uant ta
Or ba.i if you dyu'l tafce
care.
Yr ffoi.r return, rflur rr(WrT " ro. 4om'l
Uk. Siblliinf I brtl. Mr 11
!puiiriLw?unDTi
UH1U VLUUlYOtlVlU!
iTncnft T ii,.i,l"on of ieinmiy in tne nootn con-
JZ500 MlSSlDg TOO MUCD "Piracy tri.,1 bown In theUniloU
Poker causes Downiall
TABRIZ RUNS RED AGAIN
Shepbard, New York Sprinter, Breaks
Record (or 800 Meters Skip
Pounds to Pieces
Special to the Evening Review.
SliATTLK, Wash., July "21.
Poker caused tho downfall of Wil
liam C. Pruin, a Cornell graduate,
and bookkeeper of tho Dexter-Horton
bank, who was arrested today on the
charge of embezzlement of 2500 of
the bank's funds. Pruin has con
fessed to stealing i:t00. Ills father
is -tho cashier in a bank at Glenn
Kalis. N. Y.
mood still riows.
ST. PtiTEKSHURU. July 21. M.
Pohitiuoff, the Russian consul at
Tabriz. Persia, has wired that women
nnd children are appealing to him for
protection from the Shah's troops
who are resuming tho horrible mas
sacre of last week.
Sbepnrd Itreaks Itecoiil.
LONDON, July 21. At the Olym
pic games today, Melvin W. Shepard
f New York, won the final heat in
he 800-metre footrace In the time of
1 minute and 54 4-5 seconds, beat-
rig the time mndo by Pilgrim, of the
American team, at Athens, iu 190G
!y 6 nnd 2-5 seconds.
To Pardon Ituwuldo.
SAN FRANCISCO. July 21. (Jen-
em! Funston stated today that Win
'luwaldo, the soldier, who was sen
' enced t o fl v yea rs for shak I iir
'innds with Rmmn Goldman, the an-
irchlat, will noon be released. Kuns-
on has recommended a full pnrdon
or Muwnldo and he has been uunhl
Inlly assured that It will bo granted.
Tin wnldo's sentence wns recently re
duced to three yenrs.
Steamer Hits Reef.
SANTA n-ARMARA. July 21. The
t en mur Anuhla, from San Francisco.
Is pounding to pieces on a submerged
reef between San Miguel nnd Santa
Kosn Islands. Prompt assistance
prevented nny Urns of life among the
75 person aboard the vessel.
FIRST CLASS PHOTOGRAPHY.
I' wis' Successor Now In Full Charge
of landing Studio.
C. F. Prosch, who lately bought
bought the photograph -studio con
ducted by 11. O. Lewis In tho Kose
hurg National bank building. Is now
in full charge. Mr. Prosch is a man
if much experience In his line, hav
ing spent many years lu the busi
ness. He learned his trade in Min
neapolis, and learned It thoroughly.
He was proprietor of a studio for
(our years lu Lucerne nnd Spring
field, Minnesota.
Mr. Prosch Is prepnred to do nil
klnda of photography, and enlarges
photos to any size full life size, if
desired. Also makes postal cards
if the principal streets and scenes In
ind around Kowhurg. He makes a
-mcclally of landt-cape and pastorlnl
:enes nnd will rnnke special trips for
hose dfalrinf? such service. Mr.
Prosch snvs hia gallery will be the
most up-to-da'e one between Port
land and Han Francisco, nnd all his
work will be fullv giinrnntepd.
OFFICERS.
J. W. Hamilton, President. A. C. Marstera, Cashier.
J. F. Barker, Vice President, W. T. Wright, Asst. Cashier
IfIKKCTORS.
J. W. Hamilton. Ilobt. Unbwlson.
N. Rice, J. O, Newland,
J. F. Barker, I. Abraham,
8. C. Dartrum, Chaa. W. Parka,
A. C. Marlters.
THL2
ROSEBURG NATIONAL BANK
EnUbllihed 1908.
CAPITAL,
Safety DcjHxdt boxes for
rent
by the month.
Our conservative management offera substantial advan
tages to present tnd propertlve patrona. We are prepared
to handle all buslneas entrusted to us accurately and eipedl-tlously.
CHAIU.RS AXI DKFKXSK.
Outline of Booth-Singleton Case
(Jiven by Attorneys.
Portland Oregoninn: lntrodue-
noon. The first witness called by
the prosecution waa ThomaB B. Nu
hausen, special agent and attorney of
the general laud office, who identi
fied all of the official papers connect
ed with the exchango by I. Thomas
A gee of his homestead for ItiO acres
of lieu land In Lane county. It was
this land the defendnhts are alleged
unlawfully to have acquired through
conspiracy. The examination of wit
nesses for the prosecution ia bulng
conducted by United Statea Attorney
McCourt.
The greater part of yesterday was
occupied by opposing counsel in pre
senting the opening addresses to the
Jury. Tracy C. liecker, special as
sistant t the United States attorney
general, outlined the cate for the
government, while Han J. Malurkey
presented the facts on which the de
fense will rely to disprove the allega
tions presented in the Indictment.
Rocker Kxplains lnv.
Mr. Becker prefaced hla opening
statement with an explanation of
the homestead law, which wns en
acted In 1802 nnd amended In 18PI
He said the government would show
that In 1S92 "Wild Bill" Bradley,
who lived lu the Cascade mountains
about 00 miles from Koseburg, nd
vised a mnn named Stearns and 1
Thomas Agee, of a desirable tract of
grazing land in the mountains near
Ills home and which waa Ideal for
Htock raising. Lato In the year 18911
Stearns and Agee visited the laud
and the lalhtr decided (o settle on
(he tract and acquire it under the
homestead law. Mr. Becker assert
ed the government would Bhow fur
ther that Ageo did not comply with
the provirilous of the homestead law
since he did not actually reside on
tho land for more than three or four
times between IS',12 and 1807. In
the tatter year Ageo married and
abandoned the claim, aftur the cabin
he had creeled had been burned and
his cattle killed during his protractud
iilmence from the properly. During
I hose five years It la contended by
the prosecution that Agee, while he
made some Improvements on the
Intnl. never established a legal res)
deuce thero but continued to vote
and exercise the right of eHizensliii
t Oak Creek, Douglas county, when
he lived nnd cultivated hia brother
farm.
The prosecution will nlso under
take to show that subsequent to 1807
when the 100 acres Agee had been
seeking to acquire under the home
stead law. together with other land
was added to tho forest reserve by
proclamation of the president. T. 15
Singleton, brother-in-law of th
Booths, suggested to Agee that, h
make application for 100 acres of
lieu land iu exchange for his home
Htead. Singleton Is said to have In
formed Agee that the Booth-Kelly
Lumber Company would provld
Ttilsers to select and locate for him
a desirable tract of 160 aerea of good
limber land In Lane county and at
the same time naree to take the Ian
off hla hands after lie had completed
final proof and received his patent
The government also expects t
connect Jamen Henry Booth with th
alleged conspiracy by proving that
while receiver of the Koseburg Inn
ofllce, ho prepared for Agee the ap
plication fur the lieu land and nt th
time paid Agee a deposit of $00 on
an agreed consideration of 'M)it
Agee was to receive from the Booth
Kelly people, when he deedel th
property to that corporal Ion. M
Becker said it would be shown tha
when Agee received his patent t
the land he went to n lawyer, J. II
Shupe, now deceased, at Koseburg.
who prepared the deed transferrin
the laud to the Booth-Kelly Lumber
Company. While the conslderatlo
named In the deed was only $10, h
said It would fit'iher be proved tha
$50,000.00
rent.
Ity the year $5,110, or will
r
KOSI'.IU ltJ IN 2ND IMiAC'ti '
4 Special to Evening Review, 4
SALEM, Or., July 21. On
i- the (100-yard range today, fin- 4
Ishtng the company team shoot 4
of the Oregon National Guard, 4-
4- Company M-, of Salem, scored
4 153 points, winning the trophy 4
4- cup for the socond tlino. Com- 4.
f. pauy I)., of Roseburg, made 4.
151 points. Jumping from 4.
4 fourth to second place, dlsplac- 4
ing Company E., of Cottage 4.
Grovel which ' made 145,4.
4 crowding Company K., of Port- 4
4 land, out of third place. 4.,
J. Company K' score was. 121, ' 4.
, 4.
4.44.4. 4. 4.4.4.4.4.4.4.4.
he remaining $2(i0 was advanced
oy Janus Henry Booth to Ay ee, when
be deed was delivered, and lhat
itooth sub3uucnUy recovered the
nt iro $300 by drawing on the com
pany for. 1 l.ii l amount.
Tho third defendant, Robert A.
Bout!, declared Mr. Beiker, would
oe associated with the conspiracy by -
estimuny which would show that he
it all times had a knowledge of the
rnnsnctiou and at tho request - of
Ague personally advanced the neces
sary fees, amounting to about $12,
which wore required to complete the
lieu land application. The Interest
jf this defendant, concluded tho gov
rnment prosecutor, in the agree
ment with Agee would be established
oy proof that Agee deeded the ItiO
teres to the Booth-Kelly Lumber
Jompany, of which K. A. Dooth was
president and manager.
Mnlarkoy Cluiiim tmioceiico.
Mr. Malarkey also devoted consid
erable time to a discussion of the
homestead laws and provisions and
declared that the defendants were
lot guilty of the offense charged, '
having not violated the statute In
any sense criminally. He maintained
that under the luw a continuous
cstdunce wns not required on ft
homestead, and that intent, rather
ban an established residence, waa
he true import of the statute. Ho
lenled (but there wan any provision
lu tho law which prevented a man
loin contracting 10 Ben or ouierwise
llBposo of lieu land, acquired in ex-
hauge for a homestead that had
been earned lawfully, even If such an
igreemont Bhould be made before the
'xchange In land had been made.
Counsel for the defense comment-?
d oil the fnct that tho Indictment
vas returned over threo yearB ago
md Involved transactions that took
lace 17. years ago. This had placed ;
he defense at a Borloua disadvantage
inco at least two men. Important as ...
A'itnesHea for the defendants, were
;iow dead, and several others had left
he country and could not be, located.
Mr. Malarkey Insisted that Agee
had complied with every condition
if the homestend law and had estab
lished an undisputed claim to the
'and before the lieu land Inw of 1897 '
vaH enacted.- He said that Agee had
teen unable to get bin homestead
mrveyed, and for that reason could
int secure a patent from the g.iv- .
rnment, and, therefore, was fully
ntltled to all advantages offered un-
lor tho terms of tho lieu laud act.
lie defense, he aald, would prove
hat because of the intimidation of
Vgee by Bill Bradley, who was vir
tually an outlaw. Agee concluded,
that ho did not deslro longer to live''
n such a community and began ne
gotiations looking to the acquisition
of lieu land, having heard of the
provisions of that act.
Itinger Hermann Involved.
Witnesses would be produced, de
dared Mr. Malarkey. who would tes
tify that Agee, having reached this
tonclusloti, t-onsulted wfih his neph
ew, Koland Agee, who wan then dep,
ity cheiirf of Dounla county. He
ben took the matter no with Blnger .
Hermann, commissioner nf the gn
nil land othce. who agreed to lend
i is services tow;.rd securing for
ge lieu Innd. Later 'Imo nogotia-,
tlona were prosecuted 'urther by A.
M. Crawford, the pretont state at-orney-genernl,
correspondence on
the subject passing between Agee
ind his attorney with the general,
land office, hater Agee went to the
'and ofllce nt Koseburg and applied
.personally for tho exchange of land,
I. H. Booth, who was nt that time
eenlver of the Koseburg land office,
insisting htm to prepare the neces-
ary papers. Mr. Malarkey repeated
ly asserted that all these details
were conducted prior to the tlirte the
lefendnnts on trial were alleged to
nnd that Agee subsequently had the
MrM. to dispose of the lieu land to
Hie Booth-Kolly Lumber Company
or to nny other person or corporation
at his pleasure. .
In conclusion, Mr. Mnlarkey re
lented the methods that had been
'mploved by the prnsemtlnn, which,
he charged, had kept Its principal
vttness. Agee. under the peraonnl
hnree of n Hepntv Cnlted States
Marshal ever alnce the witness had
reached the city.
REAI KSTATK THAVSFKRS.
.?. C. Mulvev to W. R. CHneenpeel,
$7r,; lot 4. block G9. Kinney's addi
tion to Koseburg.