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About Roseburg review. (Roseburg, Or.) 190?-1920 | View Entire Issue (July 22, 1908)
DOUGLAS IS THE BEST COUNTY IN OREGON AND OREGON IS THE BEST STATE IN THE UNION. THESE ARE FACTS YOU CAN BANK UPON. KEP WELL POSTED Ou the current events ol the world's progress by rending the Daily Hsview. Delivered by carrier, 60 eut mouth. ROSEBURG PROFITABLE INVESTMENT Advertise (ret good returns (rem an--nouurcuieiitB pluoed in live papera-tliu. Daily an Twick-a-w Usvikw. Try them there's none other good. VOL. XI. ItOSKItlitO, OREGON, WEDNESDAY K.VKMNti, Jl'LV 22, 1IN)8. NO 122. Review raiprs case1 Supreme Court Holds Willis' Mortgage Invalid CIRCUIT COURT REVERSED Dlllard and Claytoa Victorious Id Commission Salt Against Olalla Mining Co. Two appealed cases from the cir cuit court of Douglas county were de cided Tuesday by the Supreme Court at Salem, as follows: Robert Phipps et al., appellants, vs. William R. Willis, respondent; from Douglas county; J. W. Hamil ton, Judge; reversed; opinion by Commissioner King. P. W. Dlllard and G. S. Clayton, respondents, vs. Olalla Mining Com pany, appellant; from Douglas coun ty; L. T. Harris, judge; affirmed April 6; rehearing denied; opinion by Commissioner King. The first named case was a suit to cancel a mortgage executed by Philips in favor of Willis for $10, 700, at which same time Phipps al so gave a mortgage for $5,000 In favor of the Alliance Trust Co., to secure claims against him as a sure ty on the bond of W. F. Owens, who failed in the commission business in this city about 20 years ago. Phipps alleged that at the time of these transactions he was under the belief that both instruments pertained on ly to the Alliance Trust Co., for the single claim of $5000, asking no questions of Willis, who was acting as his attorney. Willis' defense was that Owens was fully aware of the character of the mortgage in his own favor, alleging that of the amount involved, $10,700, the sum of $5000 was due him, as previously agreed upon, for his services in de fending Phipps from suits growing out of the Owens failure, while the balance, he claimed, was due in part for money which he advanced ror Owens and the remainder on notes executed by Owens, for which he went security. When the case was tried in the circuit court here. Judge Hamilton held that Willis had not deceived Phipps when the latter signed the $10,700 mortgage, and accordingly upheld the validity of the instrument. Still maintaining however, that -he had been "defraud ed and tricked," Phipps appealed to the supreme court, with the resul' that he has been victorious. During the pendency of this suit, Willis as signed his mortgage to the First Na tion Bank of Roseburg, which soon after obtained an order of fore closure In the circuit court. The de cision Just rendered in the supremr court, however, practically annuls this order, which affected a large tract of Pliipps' land in the vicinity of Dlllard. Phipps' attorneys were Cardwell Watson, while Willis was represented by the law Arm of Coshow & Rice. The case of Dlllard and Clayton against the Olalla Mining Co., In volves a Judgment of about $2,000 obtained by the plaintiff in the cir cuit court as commission for secur ing a buyer for the defendant's mine located at Olalla. In the concrete, the defense was that the deal for the mine had been -consummated without any agency of the plaintiff, the buyer being a group of capital ists from Columbus. Ohio, who In corporated under the name of The Shirley Mining Co. Further litiga tion Is In prospect, however, before the plaintiffs will be able to realize on their Judgment. After paying down $5000 on the full consideration of $35,000 for the mine, the Shirley Mining Co. defaulted in further pay ment and a mortgage which they had executed In favor of the seller was foreclosed. The property was hid In and purchased by Mrs. J. O. Day, Sr., wife of the president of the Olalla Mining Co.. and her rights will have to be adjudicated before the property can be taken from her pos session. FOOD FOH ALL. After a certain jury had been out an Inordinately long time on a very simple case, they filed Into the court room, sd the foreman told the Judge they were nnahle to agree up on a verdict. The latter rebuked them, saying the case was a verv clear one. and remanded them back to the Jury-room for a second at tempt, saying: "If you are there too long. I will have to send you In twelve suppers." The foreman. In a rather Irritated tone, spoke up and said: "Mav It plow yonr honor, yon might seO In eleven supper and one bundle of bay." Everybody's Magailne. WASHINGTON LETTER. Brief Notes on a Hutch of Topics of Live Interest. WASHINGTON, July 21. Why has (,overnor Charles Evans Hughes the New York executive, been unrep resented In the harmony conferences between Judge Taft and the late lamented "allies" at Hot Springs? That's what politicians of the first magnitude are asking in Washington today, is the governor grouchy ov er something, or don't the i'nttlres want him to play in their hak-y.ud? The smoke of battle had hardly cleared away before Speaker Cannon was puffing his cigar under Judge 1 art s vine and fig-tree and expres Blng his humble desire to serve Buckeye Bill in whatsoever capacity he might will. Senator Bevurldge. Senator Hemeuway and Representa tive Watson blocked the door in their eagerness to get into Judge Taft's room first to tell him how loy al the Fairbanks men would he to the Ohio nominee. Being the loud est talker, Senator BeverMiM got Judge Taft's ear first. Rep. Burke, of Pennsylvania, hot footed It across country, from Sen ator Knox's country home to tell the new Big Chief how much tho senator loved his conqueror. He had hardly gotten to Hot Springs before Rep. Cooper, of Wisconsin, came In to pledge the vote of the LaFollette crowd of reformers. Even Senator Dick, of Ohio, strutted around, as the representative of Senator Foraker, to display within the sight of Judge Taft, a beautiful white flap:. But where was he who bore the insignia of Gov. Hughes? Not in Hot Springs! And Judge Taft has seen no one of that stripe since he was nominated. The politicians are wondering if he wants to. As President Roosevelt honored the late President Cleveland by re naming a California forest "Cleve land," so he is seeking to pay trib ute to the coming president maybe by removing the stigma of the name of "Land of the Undesir ables" from Judge Taft's pet coun try, the Philippines. Through tho Secretary of State, orders have gone out to the Ameri can consular representatives at As iatic ports to discontinue their long established practice of shipping vag rants to Manila. The Philippines have been made tho dumping ground for human trash, who claim Ameri can citizenship, it is said, on the theory that at Manila, or vicinity, work may be procured by th'e wan derlust victims, or that they might he sent on to tho states. Such o practice was very nice for the Asiatic ports, but Manila did not see any fun In it, and complained at the cost thus olaced upon her. The question of taking care of these stranded per sons, or sending them home on a government ship was a vexing one and the authorities of the city and ol 'he Islands, complained to the presi dent. Last year there were not less than 223 vagrants who were provided with transportation. In 140 or these ?ases the cost of subsistence waf naid by the Insular government Some of these are sailors who hac been discharged and who had desert ed from American sailing vessels either at Manila or at such places at Hongkong or Singapore, whence they were sent to Manila by the lo cal American consular representat ive, "on their way home," wherevei that might be. Manila Is tired or being the capital or the Undesirables and Busted, and her kick has been heeded. Did you ever think of the part the lowly match plays In the progress of the world? Did you ever look up on the little phosphorous stick as an agent of civilization? Everywhere throughout the world is the ever-present mntch. That old myth or savages starting fires by rubbing two sticks together Is well nigh a lost art in these days. Take down in Brazil for instance, Consul General Anderson, writing from Klo. declares that even in the almost in accessible portions of the Interior, where the seml-civillzed people are deprived of everything In the way of civilized supplies, yet there are matches, to light the iniquitous ci garette, or kindle the cainpfire. There are, of course, some peoples yet unacquainted with the match but they are of the lowest stratum of civilization. Globe-trotters have found the match to go hand in hand with the first evidence of civilization. And the world's output of matches Is staggering in Its enormous aggre gate. Thousands and thousands of acres of forest go down before the axemen each year to be manufactur ed Into matches. In several coun tries match-making (of the wood k I ml 1 1 lie variety) is a government monopoly; a great n-iy more na tions reap a goodly revenue income each year from taxft on their manu facture. Jib) for e-dftriiple. Brazil's output iV matcha-i) was :')', 04 1 .400 boxes Xn 180", (aim whisJI the government .lorlvoH rexWiie of il. 218. 34 In taxes. Tbfj (O): (Sone (otoMits to over $1.50 for each man, woman and child in the country. The Black Hills region aud the adjacent country have been noted finding places for the remains of strange animals of ancient America. Throughout this region, ages ago, in the Cretaceous period, there were vast swamps aud bodies of open wa ter, connected by a network of wa torcourses .that were constantly changing their channels. The intervening spaces, which were but slightly above the water level, were covered with an abundant vegetation, and through this region roamed many beasts whose bones were here and there embedded in the mud that, . now become solid rock, preserved to the geologist skeletons that are treasured in many museums. Among these were the Ceratopsla, an order of reptilian creatures which are the subject of a technical description in a volume just publish ed by the United States Geological Survey. The Ceratopsla comprised many genera and special, but the most striking, perhaps, was the genus cal led Triceratops, a three-horned ani mal of huge size, now represented in the United States National Museum at Washington by skeleton nearly as Dig as mat of an elephant. An im mense bony frill that covers the up per part or the neck, a pair or horns like those of an ox, a smaller nasal horn like that of a rhinoceros, and a snout like that of a turtle, give the nead or Triceratops a unique and striking appearance. The ceratopsle found their food in the vegetation of the swnmp region they Inhabited, and the agencies by wnicn inoy Decame extinct are not certainly known. A few years ago one might rend of the scourge of rabbits in the western states an increasing horde of bun nies that ravaged the country, ate all the green things, and made life miserable for the settler. The De partment of Agriculture not so many years ago issued a bulletin, with some scientific hints as to rabbit ex termination, and told graphically ol the rabbit hunts, or round-ups. wherein the citizens of perhaps sev eral counties got together, built a big trap, and then chased Br'er Rab bit In a fast-enclosing circle, until he ran into the corral, where he was slaughtered by the thousands with clubs. Br'er Rabbit-was a destroyer and a liability not an asset. But in these progressive davs. Tasmania, one of the British colon ies, has found a way to make Bunny a good cash asset. He is trapped split open, frozen, and shipped all the way to England, where his fur Is not unacceptable. In 190G. $2,391,- ;63 in frozen rabbits wore exported to England, together with $2,323, 510 in rabbit skins. Consul Henry D. Baker, speaking of the Tnsmnnian rabbit Industry, de- lares that the trapping gives em ployment to a very large number of men, and that complete freezing ulnnts are in operation at Hobart and Launceston, for preparing Bunny foi 'xport. Carnotlte, a mineral recentlj found in Colorado, is a source or tlx rare elements uranium and vana ilium anil hns yielded traces of the still rarer element radium. These deposits, which alBo con tain other rare minerals, are sltuat- -d at the foot of Blue Mountain, for merly known as Yatupa Plateau, and are similar to thoBe on Conl Creek Rio Blanco county, Colo. The ores present a beautiful Idsplay or colors The carnotlte. which constitutes v relatively smuli percentage or tin minernls round, occurs In the form of a film or thin crust of powdery material of bright, canary-yellow 'olor. A yellow mineral which closely re sembles carnotlte In color and ap pearance, and which occurs In even greater amount, proved, on testing by experts of the Geological Biirvey. to be a vanadate of copper. Chem ical tests or the ores have shown the presence in them of a copper selen lte, which Is believed to be the first selenlte discovered in the United States. The old politicians In Washington. with the glory of many campaign fights upon them, are more than vex ed at the call being given young men in tiie choice or leaders for the ap proaching presidential contest. It's awful, they think. The probability of the selection of Ollle James, the big Kentucky con gressman, to manage the campaign for William Jennings Bryan, km ad ded to their irritation over tW? selec tion of Frank H. Hilrsrsirt, as alr man or the Republi'n tatt'tnl com mittee. Old men do iat ; a chance these days, they They point nut that .JS) is hut little more than a k&. The truth is that he would he the youngest campaign manager ever selected by a big political party. He Is only thir ty-seven years old, but. (flie to the uncertainty or democratic victory In (lientos)y, he has had a finger In W-arly ewrV political campaign In that state since he appeared on the (Continued on page 4.) Fine ol $29,240,000 Against Standard Oil Reversed LANDIS GETS A SCORING Appellate Conrt Holds Octopus Was Neither Legally Indicted or on Trial Special to the Evening Review. CHICAGO, July 22. The Federal Court of Appeals, consisting of Judges Peter S. Grosscup, Francis E. Uaker and Wo. H. Seamen, in a de cision handed down today, reverses the decision of Judge Kenesaw M. Landis, in the United States Supreme Lourt, about one year ago, Imposing a fine of $29,240,000 on the Stand ard Oil Co., of Indiana. The case is remanded for a new trial. Landis Is scathingly arraigned b ythe appel late court, which holds that he Im posed the fine when the Standard was neither legally Indicted or on trial. The opinion of the higher court declares Landis erred in several In stances, among them once when he excluded the testimony of Holland, a government witness, who wished to make a change in his statements, and another time when ho ruled that ignorance of the legal tariff rate on nart or the shipper could not bo ruled as defense. The decision of the appellate court Is a tremendous shock to the govern ment, which confidently expected Midge Landis' decision to be upheld. Indeed, so sanguine wns the govern ment in Its belief of winning the case that the press associations through out the country spread the announce ment broadcast that the record breaking fine would be sustained. A report that supported this belief was to the effect that John D. Archibald, vice-president of the .Standard Oil Company, visited the 'White House. before President Roosevelt retired to Oyster May, and made application for a compromise. Nature of the Charge. In the indictments voted In this ase August 28; 1900, thei-j were 128 counts. Of these, the .iroucii- tlon for the government chose : (3 in which to rest Its case when the 'rial came on. Judge Landis threw Hit 441, leaving 14t!2 conn's, in each or vthlrh the defendant co.pniul tlon was fined $20,000. Each ciunt represented a cm load f oil shipped from Whiting, linl.. to East St. Louis, over the Alton road, at a secret rate of S rents a hundred pounds, or one-third the rate charged to Independent ship pers, who did not know of the advan tages enjoyed by their competitors. They paid 18 cents, the published rate. Kor three years. ai"-..r.lln ; ., ourt evidence. Stnndard Oil enjoyed his socief. r.-.le. and I'urliis thnt per iod the earnings of : lie criointlin as learned by Judge Landis, amount- d to $200,000,000. " COMMENCING JL'NK Band. IWM. The followlns train sorvfpa will tin In effect on the line of the C. & E. R. K., between Albany aud Yaqulna, dally, except Sunday: No. IB - Nj.2 Mv,l Paou Leave Albany 7:45 a. in. 12:40 pm Ar'v Yaqulna 1:30 p. m. 6 '3D p.m No. 15 No. I Pass. Mid. Lv Yaqulna. 2:15 p. m. 7:00 a m Arv Albany. . 7:00 p. m. 11:55 a m On Sundays the service wilt lie na follows: Leave Albany, 7:35 a. in.. arrive Yaqulna, 11:40 a. m.; leave Yaqulna 6:00 p. in., arrive Albany, 11:30 p. m. D P.y's Life Han-d. -y little boy, four years old. had a severe attack of dysentery. We had 'to physicians; both of Ihern gave hlra up. We then gave him Chamberlain's Colic, Cholera and Diarrhoea remedy which cured him and believe that saved his life. Wil liam H. Strollng. Carbon Hill, Ala. There is no doubt but this remedy saves the lives of many ohlldrcn each year. Give it with castor oil accord ing to the plain printed directions and a cure Is certain For sale by Hamilton Drug Co. Itl'VS WATKK KYNTKM. Eugene Pays Willamette Valley Com any $1 IO.OOO. EUGENE, Or., July 21. The City of Eugene purchased today of the Willamette Vulley Company, the wa ter system that is used in supplying the city. Negotiations have beei pending for some time and last ev ening A. Welch came in to go over tho situation with the council and make the transfer which wus com pleted this afternoon. The price naid whs $140,000. This move on the part of the coun cil will be unanimously approved by tiie citizens of Eugene, because II means municipal ownership of th wator system, for which the people here have been striving for several years. The gain to the city in th's deal is expressed in the fact that It eliminates at once- the element ol competition, and secures a plant which will bring in revenue from the dny It is taken over. Furthermore the transfer of the system Includes some property. Including Skinner's Butte, which 1b a valuable asset, and which will eventuaUy make a beau tiful park in tho heart of the city. At tho next meeting of the coun cil, the second step will be taken to ward the completion of the gravity system, when an ordinance will be passed culling for an election to pass upon a charter amendment, which will authorize the council to-Issue water bonds to the amount of $500 000, or bo much of this amount as is necessary to complete the big gravity system upon wtiich permanent Bur- voys are now being mnde. HEADS SHASTA DIVISION. SAN FRANCISCO, July 21. W. H. Whalen, formoly superlntondcnl of the Iowa division of tho Chicago & Northwestern railroad, has been chosen by the Southern Pacific as superintendent of the Shasta division of the road, which IncludoB 270 miles or mountain lines from Red Blurt. Cnl., to Ashland, Or., with the new line being built from Weed. In Shasta county, to Klamath Falls, Or. Whalen Is todny on Ills way to Duns miilr to aBsume charge of his new division. Whalen lias been In railroad work lor the past 45 yours ami Is well known In almost every portion of the United States. -o Just Exactly Right. "I have used Dr. Klug-s New Lift PIUb for bo vera 1 years and find them Just exactly right,"' says Mr. A. A. Felton, of Harrisvllle, N. Y. New Llfo Pills relieve without the Icnsl discomfort. Best remedy for con stipation, biliousness and malaria. 25c at A. C. Marsters & Co's. drug store. NATURE'S WARNING. ItoHchiirK People Must Recognize and Heed It. Kidney Ills come quietly myster iously. But nature always waniB you. Notice the kidney secretions. See If tho color Is unhealthy If there are settlings and sediment. Passnges frequent, scanty, painful It's time then to usu Donu's Kid ney Pills, To ward off Blight's disease or dla betes. ... Donn's have done great work in Roseburg. E. L. Gllven, living at 1217 Mill SI Roseburg, Ore., says: "1 lenrned the value of Doan's Kidney Pills rrom personal experience and willingly en dorse them. I spent a good deal ol money experimenting with remedies for kidney complaint, hut with nc success. The most notlcenhle synip torn or my trouble was un Irregulnr ity of tiie kidney secretloiiB and pall. during pnssnge. I finally got Doan'i Kidney Pills at Marsters ft Co.'i drug store and obtained splendid re sults from the first. Doan's Kidney Pills do all that Is claimed for them.' For ssle by all dealers. Price 50 cents. Forsier-Milburn Co., Buffalo. New York, sole agents for the United Slntes. Remember the nnme Doan's and take no other. Mr. R. L. Scott, representing the Portland Seed Company, will be In Roseburg, Thursday, the 23rd, pre pared to accept advance orders ror choice varieties pf roses, ornameutnl shrultti, palms, bulbs, etc. Those who avail themselves of this oppor tunity may have their order Included with tiie original importations, and also have the advantage of first se lection. Mr. Scott will be pleased to confer with anyone Interested, and can give mii'-h valuable Information on cul'ure and varieties best suited to this s'-ctlon. It 5 4. WANTED. Prime pickers, have a lnrg 4 JU t-riiii; over thirty day ph-klng. 4. j Also wnut men to work in ftry- er. Address ('. II. PITTS, .j. g. swtr Ruckles, Oregon. PROMOTION' WORK THAT PAYS. Is the title of an interesting ad dress made by John H. llnrtog, the Eugene "booster," before the Port land convention of tho Pacific Const Advertising Mens' Association, which was held during the Rose Festival in June. Following are some extracts from his address, which should he heeded by every Hosehurgcr: "Getting a community aroused to a spirit of harmony, to the apprecia tion of civic Improvement, Is the In teresting task of the promoter.". "To get a community to look Its best, so tliat tho newcomer will fall In lovo with It that's tho secret. "Civic pride lies at tho bottom of tho CITY BEAUTIFUL. The City Benutimi appeals to tho visitor and he forthwith becomes a booster." "A clean, neat, up-to-date, attract ive, progressive, prosperous-looking city promotes Itself, clinches the bud ding results of advertising and pro motion work. A run-down, muddy, unkempt, slovenly, dark, half-dead town undoes nine-tenths of the pos sible rusults. "Ravo your streets, cement your sidewalks, plant uniform shade trees, paint where paint Is needed, remove blll-bonrdB, tear off advertising mon strosities and placards from trees and telegraph poles. Keep your pavement clean, and your stores lighted, encourage every public im provement, and the pluming of flow ers and shrubs, give all visitors the glad hand, taboo the knocker nnd the liar, speak well of your competitors, vour nulglibors and Bectlon. "To nwakon a slumbering com munity, to shame the knockers, to mil fortli the boosting spirit-, to ex iiand, to get results thnt will make a ommuslty more prosperous. Hint's the kind of promotion work that pnys." Wllllnm Blttle Wells, who Is con nected wllh the Sunset magazine and ''nown In Roseburg, said In pnrt al the convention: 'Community publicity means re newed personal pride clean back yards, luwns with roses, clean, paved Ureets, better buildings, brighter homes, greater loyalty. Yun may say this Is civic prlilu. It IS olvtc pride, but civic pride Is only one of the I111 Mortaut phases In this aievcment or omniunlly publicity; ror where clvl 'irlde stops, thnt which we call com munity publicity takes up the thread and carries 011 tho idea suggested to undreamed cf heights." TEA Not 1 in 1000 who buy Schilling's Best wants thn money. Your rorfr rrmrra four monry II jott don'' liko Sctiiiliuv't Ul-: w ear liiiu. n l r 1 m r mc m r For Sale bjr II. II. .MATHEWS. OI'I'ICEIW. J. W. Hamilton, President. A. C. Marsters, Cashier. J. F. Barker, Vice President. W. T. Wright, Asst. Cashier DlltKCTORfl. Robt. Robertson. J. O. Newland, I. Abraham, Cbas. W. Parka, A. C. Marsters. J. W. Hamilton. N. Rice, J. P. Barker, S. C. Rsrtrum, THE ROSEBURG NATIONAL BANK Eitabllfhed 1908. CAPITAL, ftnfct) lcmslt boxes for rrnt by the nitmtli. Our conservative management offers substantial advan tages to present and sretMrtlve patrons. We are prepared to handle all business entrusted to us accurately and expeditiously. it Roosevelt's Yacht, Mayflower, Meets With Mishap' . NO LOSS OF LIFE RESULTS Dan Kelly Distinguish. Himself In Olympic Games High Diving . Briton Injured - Special to the Evening Review. NEWPORT. R. I., July 22. The yacht Mayllower, with President Roosevelt and Ills ratnlly and a party or guests on board, rammed and sank the schooner Monawa on Long Island , Sound, between New Haven and New.' London, at 1:10 o'ulock this morn ing. The Mayflower's Bharp bow crashed Into the wooden hulk of the schooner with such slight resistance that President Roosevelt was not , awakened. The orew of the schoon er was rescued by tho Mayflower, which sustained very little damage. Irons WIim llroad Jump. LONDON, July 22. In the Olymr pic games today, Irons, an American athlete, won tho final in the ruuulng broad Jump, clearing a distance of 2S feet nnd 0 laches. Dan J. Kel ley. of Baker City, Oregon, took the lecond -place, with 23 feet and 1 inch, llrlcker. of Canada, was third. The first serious accident of the tournament occurred today, when Cane, the English swimmer, struck Iho water sldoways in making a high dive. Ho was rendored unconscious, but Spanberg, Iho Swedish BWimmcr, saved him from drowning. It Oun't lie Heat. The best of nil teachers Is experi ence. C. M. Harden, of Silver City, Norlh Carolina, aays: "I find Eloe trie BlttciB docB nil that's claimed tor It. For Stomach, Liver and Kid ney troubles It can t be beat I have tried II and find It a moBt excellent medicine." Mr. Iinrden la right; it's tho best of all medicines also for weakness, Initio bnck, and all run down conditions. Best too for chills and miliaria. Bold under guarantee it A. C. Marsters & Co's. drug store. 50c. MALT0NA ;-W".-xfeTMe. NEW 'i.?!;!.-! It's wholesome. It's pure It's good For Bale at all leading temperance drink stsnda. Guaranteed Non Intoxicating NORTH PACIFIC BREWING CO. ASTORIA, OREGON $50,000.00 rent. By the year '-.oo, or will o