Roseburg review. (Roseburg, Or.) 190?-1920, April 02, 1914, Image 1

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Roseburg review., April 02, 1914, Image 1

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Newspaper Page TextNOW IS THE TIME TO PLAN AND PLANT THAT GARDEN, LAWN AND ORNAMENTAL SHRUBBERY FOR HEALTH, WEALTH AND PLEASURE DOUGLAS COUNTY .NEEDS 1014 Macadam road to the coast, also on Pacific Highway; eleclrlc Hues through tbe county, new canneries, farm co-operation for marketing. VOL. XVII ROSEUVKG, OREGON, TlU'ltsn.lV KVKXIXG, AI'Rlli 11)1 I. No. 28. f f r f 1: ilfll I limm miinrrn T WILL ANIL LHAH tH Judge Harris Overrules Demurrer in Brewery Case TWENTY DAYS TO FILE ANSWER Holds TliaL the Stale Has Pwer to DLisok a Corporation Which fcs ViMJ the law Opinion filed Copies of an opinion rendered by Judge U. T. Harris, of ISugeue, wore received here this morning, in the case against the Roseburg brewing & lee Co., for the annulment of its charter on the grounds of having vio lated the local option law. In this opinion Judge Harris overrules the demurrer of the defendants and gives them JO days in which to file an an swer to the complaint. This opinion, however, is considered as virtually declaring their charter forfeited, as about two years ago the directors of the brewing company plead guilty to selling beer in territory legally dry, and paid fines therefor. This would now. bar them from making any plea that they had been wrongfully ac cused of violation of the law, al though the sales might have been made by employes and not by them selves. At that time an important feature of the hearing: was whether the product sold w;s m-ar beer or real beer. Since then the brewing com pany has steadfastly refused to sell any of its product here. Of late their k principal business has been the ,,... I".,. f Mll.l nKAIllll- thol' ;? signed a five-year contract for icing all the cars of the Pacific Fruit Kx Press Co. sent through Hosehurg, and ice nlnnt. In this opinion, in which the alle gations of the complaint are set out at considerable length, Judge Harris says: The demurrer assumes that the complaint is true and therefore, if the complaint is true the defendant has continuously, persistently and willfully done that which the law -"nvB it shall not do. The defendant "claims that it cannot be deprived of its right to exist and that the state can do no more than punish the cor poration by the imposition of fines or punish the officers and agents by fines or imprisonment. The state claims that it is empowered to ter minate the legal existence of the de fendant corporation. I'nder the provisions of the statute a corporation may transact any law ful business provided the same be u'ttliin it fthnrtpnifl nnwora: but. If the corporation exercises a Irancliise or privilege not conferred upon it by law me exisience in am u mi pui ,n .uu may lie annulled. The defendant la the first instance was uy ns ciiann .hii.ii.ji i.-u ,u o,.-.. beer for beverage purposes. 1 nisi privilege, however, was conferred upon and received by ueieiuiaiit suu- ject to and limited by any laws tlicu ,,fl,,er- burk and chips thnt is not in force or thnt might thereafter be j nlti, )ut n nii centers of clvill.a enacted. regulated or prohibiting thetinn .i,ta litter ns well ns the filth sale of beer. The defendant there - fore hud the right to transact bust- ness as a corporation and as a part of its business to make sales of beer provided such sales were not In vio- lntlon of law. The corporation was not by Its charter empowered to ao what others could not do. When the local notion law was voted into eitect In Douglas County the bushiest of selling beer in Douglas County be- came an unlawful business and the frnnchises and privileg M Bends with your foot9 TRADE !ARK r vm new Ym k v. Friday Specials, Good Odd Lot of Corsets at 89c Odd lols of Ain'rian l-ady and R. & 11. Corff's. about all sizis but every corset la uorih $ 1 tin to $ I . 1 1 ; choice NEVV MEN'S NEGLIGEE SHIRTS AT $ 1 .00 new spring negligee shirts, with French soft cuffs, with or without detached collar. New Muiian h nnd Hallmark brands, also oiirfainous Doeselle shirts Men's tprns. Children's Pumps at $1.00 Children's one and two utrap pumps, n pillar ;tlii"S to $ 1 ..'.0 a pair, in patent and kim in-t;i Is, at special Brassiers at Special 50c The De Lewis llrasflere is the on ly tight fi'ting form makers: this famous make, all sii-s, at special. . . aiit contained in its charter were sus pended to the extent that such fran chises and privileges conflicted with the local option law. The mere undirected acts of the officers or agents of the corporation are not complained of, but the coi- !iftXutu:r.ni,hS" oully done that which It was not au-: thoried to do. The corporation had' the right to conduct a lawful busi-j iiess. It did not have the right to; conduct au unlawful business. The ; corporation willfully exercised a .,.. .... ... TuXVX TWO SMALL POSTS HOLDING OUT aess which the law delines us being! unlawful. The state is not limited' to the single remedy of punishment, t but it has the power under the'foy. Rernjng 0 . S. Id Recuperate of any right to exist. The demurrer should be overruled. After hearirg the oral arguments of counsel time was granted within which to file written briefs herein; thereafter written briefs were filed herein. The court having considered the matters involved herein and now bo- hours of telegraphic conversation be ing advised in the premises, it is tween General Huerta and General hereby considered, ordered and ad- Villa, the rebel officers declared that judged that said demurrer be and the same is hereby overruled and de- lendant is granted 20 days within which to file its answer if it so do sires. Dated at Eugene, Oregon, April 1st, 1914. SOME MORE WAYS GIYEN BY AGRICULTURAL COL LEGE fOR KILLING FLIES nnni' I T I 3 Arii 9 while it Is much' hotter to keep the flies out or the room than it la to ester- ' e canyon is sum 10 u in leuin, initiate them alter thev have entered a sort of basin formed by the Pioxiin 11. unroitunalelv It is not uhvays pos- Ity of three mountains, one of wh en .nlile to do so. When filthy premises. Is 'erro de la Cruz. Ihrough this either our own or our neighbors,' basin two railroads run. It is one breed swarms of flies on hot sum- of the most strongly fortified of the nier davs, some of them are almost federal positions, and lienor ISreceda sure !o find entrance into the rooms said that the rebels were meeting no matter now caretuiiy guarueu. When this mi fort u u to condition is .....ic,,! ..ml H ic rle-Hi;,!,!,. tn riH the house of flies that have come In who had been reported at Saltillo, without waiting for the action of rrom which he has recently been sticky paper and poisons, the follow- sending dispatches, and which is to ing treatments are Inexpensive and (he east of Torreon, is making a clr erfective: cult to the south with the purpose, 1. Heat a shovel or similar uten- the rebels assume, of joining tlio sil, and drop into It 20 drops of car- bolic acid. The vapour will destroy the flies In an ordinary room. 2. Hum some pyrethrum powder (Insect powder) in each room. This will stupify the flies so that they mav be swept up and burned. 3. Dissolve 1 dram of chromato of potash in 2 ounces of water and adtl a little sugar. Hut in shallow dishes and nlace about the house. A few drops of formaldahydo placed In a small nuautitv of sweet milk is very effective when placed about the In shallow dishes. The foregoing directions are taken from the twelve-page pamphlet re- , .,.. ..ronnreii hv the entomological l,,,1.lI.tmi.nt of the Agricultural Col- Pf;e on now to conduct a ny cam- paign. It is not necessary to believe ,'i, .i,to f rirevim can he made i ai,soiut(.iy tiyiess (luring one jeai m ,,. ... i,,,,,!,, ,, wllr of extermina- 1 ., of tll(, fiv on,.8 breed in filth i but they also breed in litter sucn ns 1 si,ould be cleaned up, and when breeding places are destroyed the race of fn,,s lnust of necessity perish, i,.tier send for the bulletin, how (o (.nTUuct a fly campaign, extension .,ri,,. vn. 20. and hv applying the scientific principles that it contains ,m,ie cverv lick count. This bulletin iQ euecinl v useful to oncers of civic societies which are waging war on tle fiy. Address requests for them to rt. n. Hetzel, Kxteuslou Director. Red Cross ueieuu- Agricultural v.onese, volvulus. exemption features of the trust bills. 1 Don't! Be Alarmed!! We Have Hot, Nor Arc $1 Women's 50c T iorreon Practically in the Hands of the Rebels His Health, But May Return later Cut an $80,000,000 "Melon" (Special to the Evening Review). Jl'AHKZ, April 2. Following two to all intents and purposes, Torreon is in the hands of General Villa and has been since Tuesday afternoon. Only two remnants of the federal garrison are still holding out, they said, and it is momentarily expected that he will capture these. Ilaid Fighting Wednesday. JUAREZ, April 1. Heavy lighting was in progress today at Torreon, ac cording to a lOUO word report re ceived tonight by General Carranza from General Villa. The gist of the iuioriiinliou was given out through General L'nrranza's secretary, Alfredo Hroceiia. to the effect that the heavi est lighting was preceding in a so- called canyon named lluarache, the soiGhcrn railroad exit from the city wim biuuuuiu nn..i.. It is reported that General Joqulai. Mnas Witil federal with feilicral reintorcenienis, Velasco forces at lluuracne Whether the rebel force tinner General lierrera sent out to intercept him, has been engaged. Is not known according to Setter Hrcceda SH'? "cut he railroad between The ; ' V nri ,l At , nlientes ! there is no claim 01 erroneous usm-Mt-San Luis Potosi and Aguas Cauenies. iP,i ,i,i K!1i,i etitlon Tns 8 lies south or 'iorreon ...i I.. .ni. in iml rn o l ie nCIlVHV of another column of rebels intent on hindering the movements of me icu- er.,ia. Gov. I. iml ('inning Home. WASHINGTON". April 2. Prosi- ll(,lt Wilson today announced inai the fiovernor I.ind will return to nii,i iiu u will sail for Gal- v(,slon 0n the hospital ship Solace. q'le president Insisted that uovernor Ii)m wn8 not recalled, but was re- ,',,., r. r iiiu health which was impaired in vera iru.. me executive added that I.ind will go back to Mexico if necessary, ns soon ns ,le ,s phyniruiiy utile. From Gal veston he will go to rrencn t.icn Springs for an indefinite stay. M'.W ANT rr.tsT LAWS. Members WASH IXGTON". April of the House Judiciary committee have promised to rush through the proposed trust legislation, but it Is )I)t believed that the preparation of the bills will be completed before i,. i !.,... PI.,.r,.cii .atlves have decided to demand a! i,earK before the Judiciary commit- ,i,e nti-iii hinntlon and union Shoes, Munsing Underwear, We Quitting the Green Stamps Specials Too 25c Fancy Curtain Scrims at 18c Kvery yard of our 2c fancy cur tain scrim, all (1ip new taring pat terns and our rngular mork goods buy now nt yard fm m mm SPECIAL ON 1R.ON CLAD HOSE ('MII.IUiKN S XV it l'Allt l-oit .-ne. A reKiilar l!0rr grade in boys' or Kirls' ho.':1, heavy or fine rib, extra wearing hoe, double heel and toe, fan. dye, the best made, at 'A pair for 50c Iron Clad Hose at 15c Kxtra wearliiK is what you et from a pair of women's Iron Clad Host; all Blzes, fast dye, special, per pair 15c OF VALUES ON PROPERTY WITHIN DOUGLAS COUNTY Several citizens from this city and surrounding country appeared before the County Court this afternoon and asked that a board of uppnusers bo employed to inspect the lands of the county ami fix a valuation thereon for assessment purposes, such valu ation to remain for at least a num ber of years. They hold that these values are now fixed each year in a more or less haphazard manner by 17 deputy assessors, and the com plaint is made that in certain speci tied instances those valuations were excessive, and that generally the values fixed are much higher than the productive value or the land will justify, which In a very few years, at the present rate, will amount to confiscation. This move ment will be given earnest considera tion by the court, as they are nuxious to lower the tax burden In every way possible. Judge nice stated that the court is ; constantly being importuned for more appropriations and for more officials, including fruit inspectors, farm experts, etc., etc., and that all these mean higher taxes. Also that the state tax commission had held that Douglas County's assessment the past year, as high as it is known to be was only 7:1 per cent of the real value, leaving the County Court prac tically powerless to fix values. The step most needed, as all can see, is to abolish the state tax commission, along with muny oilier commissions, if we are to get relief front the enor mous tax burden. County Colli't Oiilers. In the mailer of the petition of 11. O. I'argeter for redemption certifi cate, on property assessed to E. II. Nichols for the year 1S9S on the de linquent roll, page 121, line 24, on the K ',4 of NIOVi, 8 WW of XK'A. Sec. ;IG. Tp. 2:1-10, sold to Douglas County on Feb. 17, 1900, tor $1.70. It is ordered that the county clerk is sue a redemption certificate for Bnid laud on the payment of said sum of j ' .',. , ..,.., v 1270. 1 .,'.'.,.,,,,,,,,,,, .... ,,' taxes of 1909, oil the NW Yt of NW 4, Sec. 2(1, Tp. :i(l-4, being errone ously issued for the reason that the title of said land was vested in the I'nitod States and not assessable, it is ordered that Htiid certificate he can celled. On petition of Fred Assenhelnier for a refund of taxes, it appearing to the satisfaction of the court that said j .e. were paid without protest, and i"" "' , - On the application of N. D. Cool to cancel delinquent tax certificate No. 1031, it Is ordered that said certifi cate issued to Douglas County upon lots I. 2. :i, 4, See. 2. Tp. 22-a, he cancelled niton (he payment of $ti.s.. by X. I). Cool, being the amount of tax actually due. On the delinquent tax certificate No. 1.175, Issued to Douglas County on account of the delinquent taxes of I.. E. Hussell, covering lots 4 and S, block 8. Drain, It Is ordered that said certificate be cancelled upon the payment by I.. K. Hussell to the Sheriff of Douglas County the amount of taxes actually due upon said prop erly, with penalty and Interest. On delinquent tax certificate No. 12.11, Issued to Douglas County on account of taxes for the year 1909, it is ordered that said certificate which covers I lie 10 of SW Vi . and SW'4 of SW'4 of Sec. 10, Tp. 29-7. he cancelled upon the payment of the sum of $ r . 0 r, , the amount of tax due, less penalty and interest. Some orders were also made In road matters. - F Ames was over today from ! smherltii fr .. business visit n.tnrn- ing on tlie afternoon train. R. & G. Corsets ctv. iiZ-o - or Superf mo ?" Whether you want a stronrj, riblicJ stocking for every day wear, or a boauliful gauze hose, you will find Iron Clad3 the Iron Cluda look better other horo t.t that's why we. cur palrori3 to always satisfy. STEAM SEALER LOST Nearly All of Crew of 200 Men Were Drowned ; refrain, "Today la tho day we give j babies away, with a half a pound of I tea," but DRIFTED TWO DAYS ON THE ICE'"' '"7 T ""by At n play you all must see." A few Survivors and fifty Bodies Were Brought Ashore by a Passing Vessel Col lision Sinks Another (Special to the Evening Review). ST. JOHN'S, New Koundlund, April 2. News of tho sinking of the sleain whaler Southern Cross, with the loss of nearly the entire crew of 170, was brought here by the steamship New Foumllund, which put into St. Johns witli tile corpses of 50 members of the Southern Cross crew and her few survivors aboard. The whaler was returning from a successful cruise, when in rounding Cape ltace It ran into a vast floe of drift Ice, rammed a big cake, which stove a liolo in tho vessel's side. It sank so quickly that tile crew had barely time to Jump upon the floe. Suffering terribly from hunger, thirst and cold, and continu ally drenched with Icy water, being frequently thrown into the sea from the tilting Ice cakes, the survivors spent two terrible days watching their companions succumb before the New Foiindlanil rescued them, ull being in a pitiable condition. None were able to give a detailed account of the disaster. Hi-ports () Lives Lost. Ct'ltl.ING, New Koundlund, April 2. More than 200 men from the steam sealer New Foundland nro oither dead or lost on the Ice floes off Cape Hat, as a result of a blizzard oa Tuesday and Wednesday. This news reached here by wireless from the Hod Cross ship Florizel, passing the straits or Hello Isle with fifty corpses aboard. The message did not say definitely whether or not tho New Foitiulliind was sunk, but the impres sion hero was that the men wore on the Ice hunting, and that the storm came upon them so suddenly , that they were unable to regain tho ship. An early account from St. JoluiB was interpreted 'to Iho effect that the Now Foundland reached port with Iho re port of loss of nearly 170 of the crew of the steam whaler Southern Cross. This story proved erroneous. The Southern Cross Is three days over due. COLLISION SINKS AXOTHIUt. DOVF.lt, F.tigland. April 2. Collid ing with the Spanish steamship Jose De Aramburti. in a fog off Goodwin sands, the steunisliip Maine, hound from London to French ports, was sunk. Tugs rescued the crew. The A ni in burn reached Dover waterlogged anil almost sinking. ii aii $i,ot)i),oiM i iiu:. ST. MC.l'STINK, Fin., April 2. Fire did at least $1,000,000 damage, and fur a time tho city's completo de struction wns threaleiied. Toward noon It was believed the flames were under control, but wero still sweep ing the waterfront. Federal troops held nt the barracks ready act If bailing begins. The burned jxo. 000,0(10 "melon for the bcneMt taking over the Grants Puss road and area covered everything between r tho common stockholders. The tbat they nro forced to show their Charlotte, Treasury. Rupollta and St. preferred stockholders are entitled, hand In order to forestall tho appar (ieorge's streets. The buildings do- according to this decision, to a four put activity of (lie Hill Interests, itroyei Included the courthouse, per cent dividend and nothing else. That a real battle for railroad Iho Claremonl. Vedder, Magnolia, except In cases where the company's domination In Southwestern Oregon Miinsoii and Florida hotels. The ( en- tral and Atlantic hotels. Lynn build lug, Geneva Theater nnd Joseph Apartments were also destroyed. The illy lighting plant Is out of commis sion. An unidentified woman Jumped :,-J '"ft bout to buy. wear lonrtcr arid lonsor thun nny their price always ur;'e buy them; they a I. from a third story window of the Florida Hotel, broke her buck, and Is reported dying. The fire atarted In the Florida Hotel kitchen, Just after daylight. AXTI.KlfS TIIKATKIt TO JIOI.lt 11AUY COXTKST. Manager Hloom, of tho Antler's, is not singing tho old Gilbert & Sullivan for he has announced a lluhy Contest tor Saturday's matinee of that laugh able fiil'i', emiipilv "All tlui f 'niti fiwln !r a Home.- jiiiiiu viiioiiiui yum DUUUK- tuns is a strictly eugenic baby or not whether according to tho doctor's schedule little Johnny is tin Inch shy, or wee Mary lacking a tooth, whether your darling Is tin "awful Esther Starring" or a "Mother's Angei (H.11,1" l.w-l.i 'A... ,r nil Iw, babies under three years o'f ago, for! Po''lll'l Orcgoulan: Now that the tho first ten entered will be the ones residents of Grants Pass have under to compete for the prlzo. I taken to finance construction of a And the prize, to bo awarded by railroad from that city southeasterly popular vote of the audience at the , , ' , matinee of "All the Comforts of ,OBUld Crescent City. Cal., several Homo," is to be five dollurB. Now . rlval railroad lntorosts chiefly the wouldn't that bay lots of boots for Southern Pacific and the Hill lines 'ho baby? ttro becoming nctlvo in the effort to .... ... n" h. iZv. outer please nanio, ago and addresB at the Office of tho Antler's Theater. llox PRESBYTERIAN CISURCII HOLDS ITS ANNUAL CON- -GREGATIONAL MEETING One of tho largest crowds ever at tending au annual business meeting of the Presbyterian Church was pres ent last night, when reports on the llnancial condition of tho church were read and the officers for the ensuing year were elected. Tho reports showed that the bills of the current year had been paid and that a sub stantial reduction had been nindo in the indebtedness, it is the purposo of the officials to reduce this amount by $1000 each year. The following officers wore elected: F.ldorB, H. S. Nichols, Dr. F. W. Hunt, Fred Fisher; trusteos, MrB. W. T. Wright, Henry Richardson ; Deacons, Georgo Kller, Charles Dudley, It. II. Grinstend. Messrs. Dudley, L. ltodle and William McKlunuy wero unpoint ed to serve as ushers during the morning service, and A. A. Mellows, W. II. Illchardson and Mr. Parslow Trunk Lino thru Southern Oregon for tho evening service. W'est lo the coast, thence down the A new featuro in connection wlthjcoust to San Francisco, the ultimate the oloetion of officers was adopted objective point of lll'l's Invasion of for next year, by which a nominating California. committee composed of one member I That Hill plans to enter California from the elders, one from the trus- there is no doubt and the question Is tees nnd one from the congregation between two routes from the present will nominate two persons for each terminus of the Oregon Trunk at ofTlcc, to be voted on by the congre- llcnd. The tier of counties In the gallon. Miss Jeannie ltulck was se-' southern part of the state west of lertod to act for the congregation. 'Lake County, vastly rich in resources. After the business meeting the including timber, fruitgrowing, stock congregation adjourned to the par- raising, farming and mining posstbill lors In the busenietit where the ties of almost unlimited proportions, Lndles Aid Society had provided a havo favorably Impressed the Hill In- delightful luncheon. AN K(I,0(I(),(I()(I "MKLON.' NF.W YORK, April 2. Justice Greenhaum, of Hie State Supreme Court, today denied the Kqultahle Life Assurance Society a application for au Injunction straining tho toUi,m pacific It. It. from cutting an niruirs are being wound up. Iho -Mailable will appeal. Mr. nnd Mrs. O. ('. Homier, of Med- possession of tho road now being ford, who arrived here by auto a few built by residents of "Grants Pass to days ago, left this urtornoon for wards the const. If cither system Drain and other northern points on gains control of thnt road and tho a short business trip. They visited rights of way, a necessary link will wilh F. W. Dlllard while here. The ,e available for the construction of roads south of Hosehurg, according un ensl-and-west line byelther sys lo (heir reports, are In good condl- torn through Southern Oregon to t ion. t'alifornln. $5:0? Per Week Excellent meals, clean comfortable rooms, including free bath. 327 West Douftlas Street Phone 88-J $50,000.00 Umpqua Power, Ice and Development Co. (INCOni'OKATKD) Desires to Inform the citizens of Itoseburg that the company Is Issuing Ui-yenr 67(. gold bonds. The money will bo expended In Hoseburg the coming spring and summer in Improvements In Uiiuiqiia 1'urk Ad dition. Mechanics of nil kinds are kindly Invited to Investigate the different Improvements. Information will be furnished by addressing Hoi 476, Itoseburg, Oregon. Umpqua Power, Ice and Development Co. (INOOIU'OKATKD) T Grants Pass Line is Attracting Much Attention S. P. CO. AND HILL INTERESTS Both Believed to be Seeking an Outlet to Saa Francisco by That Route, at Present Time "" r Possession of the property. It is evident that the Southern Pa cific wants and needs the road. It will form an important link in tho Soiithorn Pacific's "all coaBt" line between Portland and San Francisco. Should tho pending litigation Intend ed to dissolve the Southern Pacific Central Pacific merger prove success ful, the Southern Pucific would be lolt without a direct line of its own into California. NThe Southern Pa cific owns u half Interest lu the Northwestern Pacific, extending from San Francisco along the coast to ward Crescent City. The Santa Fo owns the other half, but tho Southern Pacific recently undertook to build a northern extension on its own re sources. It Is proposed to connect this extension witli the line now be ing built from Grants Pass, thus making the Southern Pacific line complete. Mill Lino Wants Itond. Southern Oregon residents are con vinced that J. J. Hill Is seeking In vasion of that district. The presence of Judge llurko, of Seattle, there last week and negotiations started by him for the purchaso of the line between Medford and Jacksonville are consid ered the Initial steps of Hill to coll- . struct an extension of the Oregon lerests. Thnt routo probably will he selected Instead of the route south through the eastern part of Califor nia to San Francisco. Hal lie for Itoad Ponding. Dr. Itedily, promoter of the Grants Pass-Crescent. City Hue, now la In San Francisco. It Is reported that tho Southern Pacific Is quietly carrying on negotiations with Dr. llcddy for is due noon Is tho belief of the resl- dents of that part of the slate. I The real fight seems to be over