Roseburg review., February 21, 1912, Image 1

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fioucus cottNtvs mE jcrfAUStAitl Natural sources akc climatic dvantaces make if rtit most attmchve for homeseekers and investors,
PROGRESSIVE
As Roseburg leads the Southern
Oregon towni In progresslvenesa so
The Review leads all newspapers ot
this same section.
ROSEBURG REVIEW
.INVESTMENTS
Of all kinds are beet found
through "The Review" Want Ad
Section. Little sdvs. bring big re
turn!, because aver) body reads them.
1
i
4'OL. xrv.
ROSEBURG, OREGON, WERXESDAY EVEXIXC,, KEIIRl'ARY 21, 1012.
Xo. 802.
Jury Out Hour and Half, Three
Ballots Taken
SENTENCE FOLLOWS FRIDAY
Verdict Dampens Patriotic Spirit of
Defendant May Appeal to
Supreme Conrt
The Jury' In the case of Jesse O.
Drake, charged with criminally libel
ing Judge J. W. Hamilton, this morn
ing tiled a verdict of guilty In the
Circuit Court. Judge Calkins, pre
siding, announced that sentence
would be pronounced next Friday, the
exact hour not being set. The maxi
mum penalty prescribed by the
statutes is a fine of $500 or Jail Im
prisonment for one year. The case
will probably be appealed to the Su
preme Court.
Three ballots were taken by the
Jury before the verdict was agreed
on, nine JurorB standing for convic
tion from the first. On the first bal
lot two Jurors favored acquittal and
one cast a blank. On the second
there was still two Jurors favoring!
acquittal, but one more aligned him
self with the majority. Ballot num
ber three was unanimous for a ver
dict of guilty. The Jury was out
about an hour and a half.
Judge Calkins' instructions to the
Jury occupied about 20 minutes time
In delivery. Chiefly, he said that the
Jury should not consider Drake's al-;
legedly libellous communication as a
whole, but only those portions of it
referring directly to Judge Hamilton.'
The verdict was received by Judge
Hamilton with the utmost gratiftca-j
tlon. He justly regards it not only;
as exoneration of malicious charges
ngulnst himself, but against the,
course of all the officers of the law
concerned In the particular case to
... which Drake referred. I
' Druke Doesn't Like It. !
Drake was not In court when the
verdict was announced, but when lat
er seen on the street said he "didn't
think the verdict was right." His
feelings were summed up In this
language: I
"1 no longer feel that I would take
up a rifle and go out and fight In de
fense of this country. My constitu
tional right of free speech has been
denied to me. I made no charges
against Judge Hamilton; I simply ex
pressed my opinion." 1
"On what was that opinion based?",
he was asked. ' . I
"On the general opinion about the
city the morning after McClallen was
Announcement
Beginning February 22, 1912, we will have
our First Showing of Street Hats. Also
shapes in high-grade Milans, Hemps, Pana
mas, and Javas, Our work-room opens next
Monday, February' 26, in charge of our
former trimmer, Miss Ivy Henderson.
JAMES A. PERRY
MILLINERY AND LADIES' TOGGERY
Better Than Ever
acquitted," was the reply. "I could
have Introduced more evidence to
support my statements about Judge
Hamilton working in his garden, but
1 promised my Informants that I
would not use their names. I will
not break my word; I will go to jail
first."
Id Supreme Conrt Xext.
Attorney R. O. Smith, one of
Drake's counsel, who left for Salem
Tuesday night, stated that In the
event of Drake's conviction he would
carry the case up to the Supreme
Court. Mr. Smith expressed his con
fidence of winning In the higher
court, on the same grounds upon
which he secured a reversal of the
sentence against George Putnam, a
Medford newspaper publisher, who
was adjudged guilty of libel in the
Circuit Court of Jackson County and
fined 1200.
The state's attorneys In the Drake
case see no chance of the defendant
being cleared by the 8upreme Court,
because, they declare, his case differs
materially from Putnam's. The Su
preme Court reversed Putnam's case
because the defendant had been de
nied an opportunity at his trial to
prove, his assertions. In Drake's case
this circumstance does not obtain.
The defendant was given unlimited
opportunity to prove his charges. If
charges they were, and a sorry show
ing he made. j
. The verdict of the Jury seems to
meet with general approval as up
holding the dignity of the courts, and
the Jury are sharing with Judge Ham
ilton the congratulations offered on
the outcome of the trial. It baa been
freely rumored that other and "still
hotter" letters would soon be forth
coming In case Drake had been ac
quitted, but since his conviction it
Is not likely that he or bis alleged
abettors will care to repeat the of
fense. Litigation of over two years'
standing came to an end this week,
when the Oregon Supreme Court
sustained Judge J. W. Hamilton's
decision In the lower court In the
case ofvHenry Hushnell against John
Dumbeck, involving 160 acres of
land at Camas Valley. The defend
ant and respondent is the winner
Dumbeck contracted with Hushnell
to sell him the land for $2500, but
with the reservation of a water right
on one portion of the premises for
which he agreed to give a water
right of lesser dimensions on another
portion. An agreement on the water
right was never definitely reached,
however, and for that reason Dum
beck was victorious In the lower
court when Hushnell brought suit to
enforce performance of the contract.
In sustaining Judge Hamilton's de
cision, the Supreme Court found
that the question of a water right
"was never settled upon and agreed,"
that "there was no complete meeting
of minds upon the conditions of the
sale and, therefore, no agreement
which can be specifically enforced."
Dumbeck Was represented by Attor
neys John T. Long and Cardwell &
Watson.
Mrs. John Banks and Miss Merle
Smith returned Tuesday night from
an extended sojourn in Arizona.
SPRING OPENING DISPLAY
IMPORTED MODELS AND PATTERN HATS
LADIES' AND MISSES' CLOAKS, SUITS, DRESSES, WAISTS
Hair Goods, Neckwear, Novelties, Hand Bags, Corsets, Etc
February 22, 23, 24, 1912
Five Living Models in Suits, Cloaks, Dresses and Hats
Saturday, 7:30-8:30
: Better Than to Recall Judges,
1 Says Roosevelt
CONSTITUTIONS ALL RIGHT
Two Supreme Courts Less Patriotic
Inan Hero Will of People
Above ill Else -
ti m i I'M m i inn-!
From (he H,iccch. 4.
Free the Government from 4.
control of money In polities. 4.
j. Initiative and referendum, 4.
4. direct election of United States 4.
I Senators and Presidential i ll- 4.
) marles endorsed. ..
4 Nero was a patriot and a 4.
i- statesman compared with cer- 4
4- tain Supreme Judges of Mis-
j' souri and California. 4.
4- Courts, not the Constltu- 4.
4- lo, are at fault. 4.
4 Adopt the recall of judges
4. only as a last resort. Hefer-
4. endum their decisions on pub
j. lie questions. If just public will
4 has been thwarted.
4' Legal terms and conditions
4 of actual life are separate ele- 4.
j. ments that should be consld- 4.
4 ered In every decision. 4.
4 A judge grown out of touch
4 with social needs is no longer 4.
j. fit to serve. 4,
4- When a State Supreme Court 4
4- declares a popular law to be In 4.
4 conflict with the Federal Con- 4.
4' stitution, although the Federal 4.
. Supreme Court has never con-
4- sidered the matter, refer the 4.
4 decision back to popular vote. 4"
M"M"I"M"M"1 4-K-M-M-H-4
(Special to the Evening Review)
COLUMBUS. O.. Feb. 21. The
Ohio Constitutional Convention today
listened to Theodore Roosevelt, who
delivered one of the most Important
speeches of his career. The ex
Presldent made no referenre to the
third term agitation, but gave un
qualified endorsement to most of the
principles of the progressive Repub
licans, who are campaigning for his
nomination.
The speech dealt mainly with de
cisions of the courts and the recall
of judges While favoring the recall
ot the Judiciary only as a last resort,
he argued that the better plan would
be to Invoke the recall on the deci
sions. Colonel Roosevelt spoke In
part as follows:
IVople'a Rights Hupreme.
"I believe In pu(e democracy. With
Lincoln, 1 hold that 'this country,
with Its Institutions, belongs to the
people who Inhabit it. Whenever
they Bhall grow weary of the exist
ing government they can exercise
their constitutional right of amend
ing It.' We progressives believe that
the people have the right, the power
and the duty to protect themselves
and their own welfare; that human
rights are supreme over all other
rights; that wealth should be the
servant, not the master, of the peo
ple. We test the worth of all men
and all measures by asking how they
contribute to the welfare of the men.
women and children (if whom this
Nation Is composed. We are engaged
In one of the great battles of the age
-long contest waged sgainst privi
leges on behalf of common welfare.
We hold It a prime duty of the peo-
(Contlnued on page 2).
RAILROAD SI EX ASKED
TO OO.ME TO ROSEIURO.
Meeting at Commercial Cluh Show
Ixh-hI Interest Hut Asks
for .More Information.
There was a good attendance at
the special meeting at the Commer
cial Club Tuesday evening to con
sider the proposition of J. Arnold
Doyle and H. M. Farren, of Spokane,
In regard to building a railroad from
Roseburg to the roast on condition
that a bonua of $100,000 be guaran
teed to them here, payable on the
completion of the road. The letters
and telegrams I'ora Messrs. Doyle
and Farren, heretofore published,
were read by Secretary Schlosser,
who added that their proposition
was to begin actual work within 60
days and would furnish a bond to
have the road completed within two
years. Other friends of Mr. Schlos
ser, who are railroad builders, had
estimated the probable cost of this
road at between $5,000,000 and $6.-
oon.ooo.
The matter was briefly discussed
by Hon. T. R. Sheridan. F. E. Alley,
E. L. Parjott, Herbert Armstrong of
North Ilend, and others. The con
sensus of opinion seemed to be
favorable to the movement, provided
these men can show thut they are
willing and able to build this rail
road within a rensonnhle time, and
that they have available a feasible
route therefor. With two surveys by
different companies already made
through the Coqullle Canyon. It
would be very difficult to locate a
third. As to raising the required
fund It will depend In no small de
gree on where the road Is to be built.
Mr. Armstrong expressed the opinion
that there are two large Interests on
Coos Hay who would give (25,000
each If the road is so located as to
give them the service they need. A
bona fide showing must be made,
however, before subscriptions to a
bonus can be expected. 'It Is well
known that bonuses do not build
railroads nor prevent them from be
ing built. They may change routes,
however, so as to materially affect
certain localities by putting them on
or leaving them off such routes.
On motion of F. E. Alley the sec
retary was instructed to advise
Messrs. Doyle and Farren that If
they will come here and make a
sufficient showing of their willing
ness and ability to build this rail
road to convince a committee, con
sisting of the presidents of the three
local banks and the president and
Secretary of the Commercial Club,
then Roseburg people are willing to
proceed with raising the required
bonus. Thus the matter stands until
the arrival of Messrs. Doyle and
Farren, about Murch 1st.
P1XCIIOT ASKS COXtiHESS
I (lit .-.(M,(MM FOR FIRE
FIGIITIXU IX FORESTS.
WASHINGTON, Feb. 21. Glfford
Plnchot, former forester, through the
National Conservation Association,
today asked Congress for at least
j: IHUI 110 in the agricultural bill for
forest fire fighting. He said:
"It Is hardly less unpatriotic and
unwise to withhold money to equip
troops against an Invading army
than to refuse forest fire appropria
tions. We must not let false econo
my Imperil the safety of our public
resources."
H
EAR ERNEST
GAMBLE
CONCERT PARTY
At TIM
PALACE THEATER
.ImmhUl
Clan. A dm. SOti kviwrvad
Tlukwt r Bain at Mamtsra
lruit Htura
Roseburg Ministerial Union
OF THE SEASON'S BEST STYLES
THE LEADER
WILLBBPRODUCERS
Industrial Education to Take
Place of Academics
MOVEMENT IS STATE-WIDE
Local Committee Is Named to Work
In Conjunction With Ine
Schools ol Connty
A decided advancement of Interest
In Industrial education lu Douglas
County should result from the work
started by Calvin C. Thoniaaon this
week at Roseburg and other places.
Mr. Thomason Is a member of the
Oregon Agricultural College exten
sion stnff and a special deputy of
Stato School Supt. L. R. Alderman.
Resides addressing the pupils In
several of the Roseburg schools on
Tuesday. Mr. Thomason spoke before
the special meeting of the Commer-
cial Club that evening. When he
closed several of those present voiced
their approval of thiB movement for
general education along practical
lines. On motion of F. E. Alley, a
committee of five was named to take
up this work In connection with the
schools of the county. As this com
mittee the president named Mr. Al
ley, Hon. J. II. Ilooth. Prof. J. W.
Groves, G. G. Goodman and J. 11.
Clark. The prominent features of
this movement were outlined In the
address of Mr. Thomason, and Is
summarized as follows:
Kducutlug Producers.
"To the bankers of Oregon the
rredlt of the Initiation of this move
ment belongs. At the suggestion of
the National Rankers' Association
that the bankers of each state take
Bonie steps to better rural condi
tions throughout the country, to In
crease the number of public school
children who are being educated to
be producers, and diminish the num
ber being educated to be consumers,
the Oregon association took prompt
action by calling a conference of
educators. It was at this meeting
that Stute Superintendent L. R. Al
derman luld of a children's industrial
fair which he had Inaugurated In
Yamhill County when he was county
superintendent there.
"At the Yamhill County fair at
least (ioon children annually have
studied the problems of the farm by
competing at this county fulr. Now
Instead of the hoys of Yamhill Coun
ty buying their popcorn and water
melons they grow these things and
many other lines of produce for their
own use and bIbo have a great deal
to sell. Habits of thrift, of econo
my. Industry, honesty, and a high
respect for labor have been de
veloped there. The same has been
true In other states where this lino
of work has been tried.
"The simplicity and effectiveness
of the plan appealed to the bankers
and It was decided to adopt it nnd
make It statewide by encouraging
every county to hold a similar fair
and to help the boys and the girls
bring their best exhibits to the state
fair in September. The bankers'
committee placed funds st the dis
posal of the state superintendent and
the Oregon Agricultural College
with which to af milliliter this move
ment. The t nlon stockyards of
Portland added $1000 and some val
uable prizes to the donation of the
hankers, and additional field work
ers were sent out.
"80 the plan which Is now in ac
tive operation In a majority of the
bounties, and in which the otlier
"progressive counties are falling itito
IN
line as rapidly as they have It pre
sented to them, Is to get up a
premium list and by the most prac
tical method secure prises. The
state premium list for the children
Includes:
"Agriculture Field corn, pop
corn, sweet corn, watermelons, musk
melons, pumpkins, squash, onions,
potatoes, celery, cabbage, grain se
lections, asters, sweet peas.
"Woodwork Uird bouse, piece of
furniture, labor saving device.
"Sewing Hand made apron, ma
chine made apron, dress, mending.
"Cooking Bread, canned fruit
and vegetables, Jelly.
"Animals Poultry and pigs.
"Prises aggregating $3500 In
value have been secured for the state
contest. The state fair board set
aside 11000 for such prises. The
county Is at perfect liberty In en
larging or diminishing this prlie list
for their own fair, but It would be
well for each county to have In
cluded as many as possible of the
articles on the state list so their
children, after exhibiting at the coun
ty fair, will be in line for the state
contest Full directions In a bulle
tin will soon be sent Into every home
in Oregon by the State Agricultural
College,
"The plan of exhibiting at fairs Is
especially effective In Oregon at thiB
time because the majority of dis
tricts are not able to put Industrial
training Into the course of study, as
they have not the equipment and the
teaching force. Hut through this
competition the children are encour
aged to self help and to learn from
their parenta and from reading. The
Oregon Development League has
fallen Into line with the bankers, the
college and the state superintendent,
because the league sees In It great
possibilities for developing the re
sources of the state. Twenty mil
lions of dollars Is being sent out of
the state annually for bog products.
Why not keep this vast sum, averag
ing $30 per capita, at home by
growing more hogs? Instead of Im
porting 204 carloads of eggs last
year, why should we not have had
as many to sell? The same with
poultry and other products. Follow
ing the state fair a sjieclal train will
be loaded with the children's pro
duce and sent East to the big land
shows to demonstrate to the people
of the world what even a child can
do with Oregon soil.
"But the development of the re
sources of the state and the winulng
of prizes by the children are by no
means the only great advantages of
this movement. ItB educational
vulue cannot be overestimated. The
hoys and glrlB must learn to use
their bands as well as their beads.
They must be kept Interested and
busy. It has been well said that the
Idle boy Is father of the man with
out a Job. They must learn to ap
preciate aud co-operate with their
parents more fully. They must
learn to be effective workers In the
active and practical world If they are
to have a safe future before them.
These and many other permanent
benefits will accrue from a wide
spread extension of this work. The
Agricultural College at Corvallis Is
throwing the whole Influence and
strength of Its extension work Into
this movement and this spells success
for It to a large degree.
KI'OKAXK FIRMS IIKMAM)
REFUND OF J.(MM,(KH1 IX
FREIGHT CHARGE PAID.
SPOKANE, Feb. 21. Sixty-five
Spokane firms today filed with the
Interstate Commerce Commlsslun s
demand for a $2,000.01)0 refund on
freight charges collected by Western
railroads above what would have
been collected If the Commerce
Court had not enjoined the rate de
cision of tho Interstate Commerce
ConitniSHiou on Intcr-mountain tar
iffs. The argument In the apiwaled
Spokane case comes up before the
I'nlted States Supreme Court Friday
Today's petition will ensble the Coin
mission to act Instantly for the
shippers if the court upsets the In
junction snd legalizes the lower rates
prescribed lv the commission.
Everybody
70
Dynamite Saves Remainder of
Houston From Flames
$6,000,000 ESTIMATED LOSS
Inonsands Homeless ant Destitute
Blizzards Sweep Texas and
Entire Middle West
(Special to the Evening Rovlew).
HOUSTON, Texas. Feb. 21. The
greatest fire In her history swept
Houston today, devasting an area of
seven blocks wtria BnH ai.hi.
blocks long, which for the greater
pari contained residences. The loss
Is conservatively estimated at $6,
000.000. After a futlla h.ttlo l,h
the ordinary fire fighting facilities
tor several noura. In which the fire
men were aided by thousands ot
citizens, an entire block was dyna
mited, checking the progress ot the
flames at noon. The number of
homeless and destitute people runs
Into the thousands.
While tho fir. . It. k.t.K.
the wind was blowing at the rate of
00 nines an nour, ana at one time It
began to look as if the entire city
was doomed. The burned area of 67
blocks adjoins the Southern Pacific
railroad yards. It contained over
100 residences and churches and
schoolhouses. Immense cotton ware
houses were also consumed. The
fire Btarted In a hotel.
DEMORALIZING HLIZZARI) IX
MIDDLE WEST.
ST. LOt'lS. Feb. 21. The entire
Middle and Southwest, comprising
the states or Missouri, Kansas, Okla
homa and Texas. Is shivering In one
of the worst blizzards of the winter.
There Is a foot of snow in the whole
region but Texas, but there It Is still
falling. In Kansas City and St. Louis
business Is practically at a standstill.
Traffic Is demoralized, and In the
cattle country the stock loss Is very
heavy.
TEXAS SWEIT II V MALES THAT
IXFI.1CT HEAVY LOSS.
AUSTIN, Texas, Feb. 21. More
than $2,000,000 damage la estimated
to be the result of terrific gales
sweeping Texas today. Hundreds of
small buildings were wrecked. Fur
ther reports are expected to show
heavy losses among ranchmen.
CHICAGO, Feb. 21. The heavy
snow storm Is general throughout the
Ohio and Mississippi Valleys.
WOMEX AXD CHILDREN HURRY
FROM MEXICO.
EL PASO, Feb. 21. American
women and children are being rushed
from Northern Mexico to places of
safety In Texas. The rebels are per
mitting repair of dynamited bridges.
Many federal soldiers, disguised as
civilians, are entering Juarez. Arms
and ammunition are being sent from
El Paso.
REAL ESTATE TRANSFERS.
Cstrlna Eden to Campbell and
Swlgert. $9600; 490 acres sec t, 12
7. II. A. Hanson to II. Z. Compton,
.tiu, 111, it, jiiim-h . 1 raci A,
I IliHohitr ttiima fir. V. - -.1 T...I.
I Mr. snd Mrs. John C. White and
Manser r. V. beer, of Riddle, re
turned this morning from Portland,'
where they attended the Irrigation
congress.
Welcome
57