The Medford mail. (Medford, Or.) 1893-1909, July 10, 1908, Image 3

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The Medford mail., July 10, 1908, Image 3

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Newspaper Page TextOUR COUNTY Correspondents K.VC.1.K MM XT KAil.KT. By A. C. Howiett.) Miss bille Maltby or .Medford and Austin Green of our town were guesu at the Sunny Side one evening Inst week. Floyd Pierce and family of Forest Crek came over to visit Mrs. Pierce's parents, Mr. and Mrs. J. J. Koyer, Inst week. J. H. Mavhew of Medford and Mr. Kuiusey of Wisconsin were here lust week lonkliig over, the country. A man by the name of inompson, from the liig Iknd country, was here last wojk. OeoiKo Westerfleld of Chelialls. Wash., an old miner, called on Satur day nlsht and on Sunday went on his way to Central Point. Claude Warmsley, who has beer, visiting old time friends In Newport, Or., returned to his old home last Stum-day. A. C. Howiett will preach at the Durby school house next Sunday at 11 o'clock a. m., and Rose Creek at 2 o'clock, p. m.' Owen Dunlap and Willlum Miller railed one liisht last week quite lal and asked for an early breakfast. i..ey started for Big Hutle bridge by ." a. m. Leonard Smith of. Medford, the orator of the day-at tWe 1'rall cele bration on the Fourth, took dinner at our hostelry on tne 3d on bis way to Trail. Mr. and Mrs. Cook of Boise, Idaho, came out last Saturday and remained with ia tintil Monday evening. They looked at .several .'.of the places around our tuwn and on Monday I took them out north and east of bere to see some of the foothill country. Glen Frabric-k ana wife, accom panied by his brother, and Dr. F. U. Wilson of Hood River came out last ' Sunday for an outing and to see our country and try a meal at the Sunny Side Hotel. Miss Hatle Allen or Trail, who has been in .Medford for some time, stop ped here for dinner last Saturday on her way home. She went on the Eaule Point and Trail stage line. Mrs. Vndorwood came out on the stage the same day on her way to Mtdford via the P. ft E. R. R.. Mm. I'nderwood has been visiting friends in the Elk Creek country. There were quite a large number of our citizens went to Butte Falls to spend the Fourth, and on the road there on Friday one hackload of young men met with quite a mishap in going down the Obenrhaln moun tain. They gut to driving faster than the law allows, and perhaps were a little reckless. You know It was nearlng the Fourth and they were feeling a little Jublilant, and .U was that they ran the horses off the grade, turend over thehack, and all of them were bruis ed more or less, and one or two of them were quite badly hurt. They were guing to the dance, and ol course had on their good clothes. One of them did not regain con sciousness for several hours. But they learned one lesson B.ij s Life Saved. My little boy, 4 years old, had a severe attack of dysentery. We had two physicians, both of them gave him up. We then gave him Cham berlain's Colic, Cholera and Dlarrh Remedy, which cured him and be lieve that saved my life. William H. Strollng, Carbon Hill, Ala. There Is no doubt but this remedy saves the lives of many children each year. Give It with castor oil according to the plain printed directions and a cure Is certain. For sale by Charles Si rang. for Salt 80 acres level land, Bunengated, 40 acres partially clear ed. Small orobara, 0 loom plastered noose, good barn, farm implements, good fanoe. Within a few rods of sto-e and postotBoe. Prloe e2000. ti V'roman, vV'Imer. Oregon. 2o-tff. It Can't Id- Heat. The best of h 11 teachers Is "Xpe.i ence. C. M. Harden of Silver 'lity X. C, says: "I find Electric Bitters does all that's claimed lor It. .'or Stomach, Liver and Kidney trcui'im it can'e be beat. I have tried it ami find It a most excellent med'e'n' Mr. Harden Is right; It's the best of all medicines also for wpukniis lame back and all rundown co-iil-tlons. Best, too, for chills aril ma laria. Sold under guarantee at ;has. Strang's drug store. 60 ceot3. DIARRHOEA There is no need of anyone uffer fof long with this disease, for to effect a quick cure it is only neces sary to take a lew doses of Chamberlain's Colic. Cholera and Diarrhoea Remedy In fact, in most uses one dose Is sufficient. It never fails and can be relied upon In the most severe and dangerous cases. It is equally val uable for children and is the means of saving the lives of many children each year. In the world's history no medicine has ever met with greater success. MICE 25e. LAME SIZE 60c. Opinion of Judge Hanna. (From Saturday's Dally.) The written opinion by Judge H. K. Hanna In the case of J. C Hall vs. George W, Dunn et al., which waa (lied yesterday morning as an nounced In yesterday's MorniiiK Mall, la as follows: 'The ( Medford charter reads as follows: 'Section 19. To license, regu late or prohibit barrooms, drinking shops, billiard rooms, bowling al leys, dance houses and all places where spirituous, malt or vinous liquors are sold or kept for sale, Ir respective of any general law of the siute on this subject enacted by the legislature or by the people at large; provided, that no license ror the ttule of spirituous, malt or vinous liquors shall be granted for any less amount, than la or may bo provided by the general laws of the state In force ut the time of granting there of; and further provided, tbat the city shall not at any' time license drinking shops or other places where Intoxicating llquorr are sold to sell Intoxicating liquors on Sunday.' It has been contended that the legislature was without authority to grant the power embraced in said charter to the city. An examina tion" of our constitution as It exist ed at the time of granting said charter shows that but few restric tions or limitations were placed up on the legislature In Its granting charters to muulcfiml corporations, and it would seem that If It is consti tutional to kih nt the people the right to amend our constitution and enact all other laws by Initiative, It would be equally so to grant the powers it has attempted to do nuder the charter. The defence conceding that the legislature hud the iower to grant the charter, the next question Is, has it .been, repealed? The local option law was passed June, 1903, and be fore the act granting said charter. t nmst be presumed from the word- lug of said subdivision 19 and from the enactment of the repealing clause embraced In section 115 that the legislature had In mind and were directly referring to the existing lo cal option law. In fact, has not been contended by the defense that the charter had been repealed by either the legislature or by vote of the people, but It Is contended that subdivision 19 Is suspended by vote of the people taken. under the local option law. But the defense does not point out, nor do I find where the people have been granted tut power to suspend any of the provis ions of said charter. In June, 1906, the people amend-: ed section 2 of Article XI of the con stitution of Oregon so that It reads hb follows: Coiihtiiiitiitii of Oregon. " 'Corporations may be so formed under general laws, but shall not be created by the legislative assembly by special laws. The legislative as sembly shall not enact, amend or re peal any charter or act of Incorpo ration for any municipality, city or town. The legal voters or every city and town are hereby granted power to enact and amend their mu nicipal charter, subject to the con stitution and criminal laws of the stateof Oregon.' The legislature cannot confer even to the people any greater power than It possesses. If the legislature -an not under the constitution as amended either enact, amend or re peal any municipal charter, it cannot confer upon the people the right to do so except as provided by said amendment, which places such pow er exclusively in the hands of the legal voters of the city or town. Relief by In junction. It Is nrgod that the plaintiff has mistaken his remedy, that he Is not entitled to a hearing en equity. It is true that a party Is not entitled to relief by injunction where he has a plain, speedy and adequate rem edy at law. But, conceding plaint Iff's contention as to the rights and 1 powers conveyed nndt-r said charter, i has he a plain, speedy and adequate remedy at law? If the order I against which he is moving should be made by the county court the law would not come to his defense or re lief until he has been arrested, In dicted and placed upon his trial. I am compelled to think the com plaint states a cause of suit and that the plaintiff Is entitled to be heard In equity. Under this rule of the law the demurrer must be over ruled. ,"I very seldom set out In writing my decision when passing upon a case, knowing full well that the rea soning of the lower court In reaching a decision will not be inquired Into by the appellate court, and I have departed from the rule in this case principally from the fact that mis Informed, though perhaps well meaning Individuals, actuated by their zeal In the cause of prohibition, have addressed anonymous com munications to me under the Idea that the court could act in this mat ter nnder his Individual feelings, not realizing tnat a Judge would be un worthy his seat upon the bench who would decide rase upon his per sonal feelings or upon the clamor of the public except as they accord with the law as understood by him "No decisions of other courts K n va hnnn fit cmI to mfltnrln 111 ft Id tlie court in passing uno nthls cn- as no direct precedent upon the main question Involved has been found by the able attorneys In the case or by mvself. "H. K. HANNA, Circuit Judge." READ TftR MORNING MAIL, THI-I HLKKI'KIt AttAKKH. Kip Van Winkle returned from bis J lung sleep looking fresh as a daisy and made his way to one of Mod ford's leading barber shops, not only because he needed a haircut and a shave, but also because he wished to catch up on the news. 'Let's see," he said to the barber, alter he was safely tucked away In the chair, "I've been asleep twenty years haven't I?" 'Yep,' replied the tonsorlallst. 'Have I missod much?" t 'Nope, we bin standln' pat." "Is Seventh street paved yet?" "Nope." "Is the new electric road In yet?" "Nope." "I)o we drink water from a grav ity system?" 'Nope." "Is the city cleaned up yet?" "Nope." "Are the sidewalks fixed?" "Nope." "Has Congress done anythiug yet?" "Nope." "Piatt resigned yet?" "Nope. " ( "Bryan been elected yet?" "Nope." "Carnegie poor yet?". "Nope." "Any truBts busted?" "Nope." "Portland won the pennant yet?" "Nope." "Had a war with Japan yet?" "Nope." "Well say," said Rip, rising up in the chair, "never mind shaving the other side of my face I'm going back to sleep again." Over Thirty-Kive rears. In , 18.72 there gas a great deal of diarrhea, dyseutery and cholera In-' fantum. It was at this lime that Chamberlain's Colic, Cholera and Diarrhea Remedy was first brought into use. It proved more successful than any other remedy or treatn.tt and has for 35 yeais maintained that record. From a small beginning Its sale and use has extended to every part of the United States and to many foreign countries. Nine drug gists out of ten will recommend It when their opinion Is asked, al though they have other medicines that pay them a greater profit. It can always be deitended upon, even in the most severe and dangerous cases. For sale by Charles Strang. Card or Thanks. There are hours which come Into the lives of some when every Im pulse of the heart Is burled under Its weight of sorrow. We stand there at this time. Still we would not be so forgetful as to fail to give ex pression to the gratitude which wells up from the depths of our hearts as we remember the kindness of those who gathered about us in our recent bereavement and whose every act and expression seemed a desire to help us bear our burdens, and especi ally are we not forgetful of those who so deftly wove beautiful gar lands of flowers, nor of those who have endeavored to lessen our sor row by their kind words of sympa thy. H. W. LUMSDEN AND FAMILY. lltiptiire With Venezuela. NEW YORK. July 7. Jacob Sleep er, formeily Charge d'Affalres of the Am erica u legation at Caracas, whow departure from the nost marked the severance of diplomatic relations be tween the United States and Vene zuela, arrived at New York today. He will go to Washington Immediately. , Regarding the probabilities of war between the United Statesand Vene zuela as the result of the unsettled relations. Sleeper said, "Well, I have been walled as a result of the Vene zuelan government refuting to ar bitrate our difference. What the next step shall be remains with Washington." Large Airship. The new Zeppelin airship, which is 426 feet long uud 43 feet in diam eter, and which has a carrying capac ity of twelve men and a radius of 1440 miles, is about to be tried in Germany. Before purchasing It, the government has made the requlru- ment that It shall be capable of land ing on the ground safely instead of on floats on Lake Constance. It Is expected to make a long-distance flight from Fried rich shaven to May ence. Same Old Story. PORTLAND, July 7. Mrs. Grag- allone, a Greek woman, was fatally injured here this afternoon by the explosion of a cook stove in which she had used kerosene oil to hasten the fire for supper. She died be tween 9 and 1 0 o'clock tonight. Flames from the stove set the house on fire, as well as her clothes. The woman ran shrieking Into the yard, but before neighbors threw a bucket of water over she had breathed fire with fatal effects. Low Rates to XewiKirt and Yaqulna. Excursion tickets to Newport and Yaquina and return, June 1 to Oc tober IS, the Southern Pacific com pany will sell round-trip excursion tickets to the above-nampd points, (rood for six months, at $10. Full Information at the depot lllrlli. On May 31st, at San lrldro, Phil ippine Islands, the wife of Lieut. I George von der Hellen, P. C, of a soi. t ort iJlOA in i,w,..o. UnUmaic Based on ttchonl nsu Knows lm-reawe of NA,S:W. SACRAMENTO, July 7. Calif ornia has a population of 1,828, IBs. This Is according to au estimate by Job Wood, Jr., statistician In the office of the State Superintendent of Public Instruction, based on the school census returns, which are now all In. This shows an Increase of 86, S36 over the estimate a year ago. The records show that there are 437,039 school children between the ages of five and seventeen years. This Is a net gain of 21,631 over the total for 1907. The counties that made the great est gains are as follows: San Fran cisco, 10,329; Los Angeles, 2,387; Fresno, 1,393; San Mateo, 1,004; San Diego, 996; Tulare,770; Ala meda, 718. Humbolt county shows the greatest loss, with a decrease of 216. Monterey shows a loss of 163. The school, census shows the fol lowing population In the counties surrounding the bay: Alameda, 49,407; Contra Costa. 6.292; Marin, 4.5Sf; Monterey, 4, ssO; San FranclBco, 87,696; Sun Mateo, 5,345. , To get the total population of the State, Statistician Wood used the multiple 4. He used a different mul tiple for each county, and 4, he said, is ubout the average for the State. Help for Tlmw Who Have Stomach Trouble. After doctoring for about twelvt years for a bad stomach trouble jp.d spending nearly $.'00 for medir'ne and doctors' fees, 1 purchased ' m.' wife one box of Chamberlain's Stom ach and Liver Tablets, which JM her so much good that she continued i; use ' them and they have do.ie i.ei more good than all of the medicine bought before. Samuel Unvor. Folsom, la This medicine is fuv sale by Charles Strang.- Samples', free. HKVKKIIH.K TALKS TO TAFT. HOT SPRINGS. Va.. July 6. Senator Bevetidge of Indiana, Repre sentative McKlnley of Illinois and Representative Bufke of Pennsyl vania arrived here today. Uever idge was closeted with Taft for sev eral hours and went over the condi tions In Indiana with great detail. Beverldge told Taft not to consider the affairs of the party In Indiana In any condition to endanger the stale next fall. Taft will have a confer ence with McKlnley and Burke to morrow. Celebration At Trail. Our country's natal day was very appropriately observed by the citl-! zens of Trail. At an early hour I lie , people from the surrounding country began to assemble and by ten o'clock 1 nearly 200 people were present. An excellent program was rendered b the school children at the close or which the speaker of the day, Mr Leonard Smith of Medford, was In troduced by Prof. H. E. Inlow of the' Cottage Grove public schools. Mr. Smith Is a young man with a growing reputation as a public speaker and delivered a masterful address which gained the well-merited applause of the audience. At noon a bountiful repast was partaken, of and the afternoon way given over to sports. In the evening, the young pt-ople repaired to Allen's hall to enjoy the dance. This occasion was especially conspicuous by he absence of rowdy ism which has heretofore attended like events, and shows conclusively that this factor Is u necessary to the enjoyment of the day. LAIU.H M'MltKIl OF iioiii:s itE Kiti:i OSCOVA, European Russia, July 3 The bodies of 214 were recover ed from the K.uovskl mine, the scene of an explosion on yesterday, and were buried today. Today the horror was added to by a fire which penetrated the galleries where 10 miners were Imprisoned, and made theef forts of the rescuers almost useless. r ffty-three bodies were taken out today, nnd seventy-five In jured were taken to hospitals. Of these, ten died. Three women drop ued dead when they recognized the bodies of their husbands. A num ber of others have gone mad. MA V FOLLOW OKLAHOMA. DENVER, July 3. Governor Has kell of Oklahoma, who has been menftloned for chairman of the .com mittee on resolutions, arrived to night, lie said he would strive to have Incorporated In the democratic platform two features of the princi ples of the Oklahoma state consti tution, one declaring for radical modification in the practice of fed eral courts In Injunction proceed ings, the other calling for the guar antee of bank deposits. Safe lllowers nt Ager. ACER, July 7. The safe In J. A. Ager's store at Agerwas blown open and rifled of Its contents. The amount of rash secured Is not known, but It was somewhere In the neighborhood of $30. The post office In In the store building and the theivim look all the postage stamps In the strong box, amounting to over $200. Government secret service mnn are on the grounds, nnd t'ncle Sara will make a determined effort to apprehend the rascals. Page Woven Wire Fence Coiled Spring Steel The Very Best that Money and Modern Science Produce Two Carloads Just Arrived FiAtMnmliAM Page Fence has rood the teet for over 20 years and is the PIONEER KUlUbinUOr FENi;E 0D ",e D,srket t, dtty- Wo SHIP DIRKCT fro,,, the factory in Carload lot; get the very best rates, and as we reprtsent. thf company direct, we sell PAKE FENCE forlesB money, quality crrifidered, than other fmces Will cost you. . ilomnmkall That we are the only exclusive woven wire fenoe dealers, in Southern ICnlllnllllltar Oregon; that we do not handle trait mde aoodf. that we see von .t the Hunt eiyle of fence in Ibe right place; we assist in tbe freciion of and GUARANTEE every rod of Page Fence. Damamho 11 ,ou bav r0 po,ti " 01,11 ,urnish ,hen1' we c two d of tosu KIUunilJ X on h,ntl " Fre,t "V hoth cedar and y-' If yu "e contemplating ny feuting we would like for you to see our line of PAGE, at we are sum we have what you want MAIN OFFICE Jut Kvai'll)' Itlnl.t. "i have used Dr. King's Ncv Ijlfe IV.ls for several years and flni thmn jul exacily right," says Mr A. A. Fcltori of Harrlsville, K. Y New fe Pills rellevi. wllh-mt the least discomfort Best remedy :-r r-on-ttll atfnn, blliotisness au.'l n11!.!-!:! 25 rent at Si i aim's dri'H store LOW RATES EAST Will oe Made this Season by tlib Southern Pacific Lines in Oregon As Follows Both Ways One Way Via California $87.50 $82.50 To Chicago St. Louis St. Paul Omaha Through Portland $.52.40 $77.40 $69.00 $39,90 $75.00 $75.00 Kansas City $09.90 Tickets Will be on Sale May 4 18 June 5 6 19 20 July 6 7 22 23 August 6 7 21 23 Good for return i n 90 days with Stopover privilege. at pleasure within limits Benier Hie Dates For any further information see Ai L. Roaenbaum Agent Or write to M. McHURRY General Passenger Agent PORTLAND OREGON Gaddis eft Dixon . . . Th ke i- Man" Agents South n. 'Jivon and - lhem DUNCAN-KOONTZ UNION STABLES Good Horses. Good Rigs. Good Service FEED AND SALE STABLE Prices Reasonable Satisfaction' Guaranteed Medtori, Orego n "THE SCHOOL OF QUALITY" Tenth and Morrison, Portland, Oregon A. P. Armstrong, LL.B., Principal C,We occupy two floors 65 by 100 feet, have a $20,000 equipment, employ a large faculty, give individual instruction, receive more calls for office help than we can meet Our school admittedly leads all others In quality of instruction. It pays to attend such an institution. CSald a Boslnesi Man t " Keep hammering away everlastingly on thorough work. It will win out in the end." Said an Educator? "The quality of instruc tion given in your school mak 1 it the standard of its kind in the Northwest." C,Open all the year. Students admitted at any time. Catalogue free! Any bank, any newspaper, any business man in Portland. M'KAX YACHT RACK. TiHlay a I la co front Kan Pedro to Honolulu Mill Start. SAX PKDUO, July 3. One hun dred thousand people who huve gathered here to parlfclpnte In the ii tout notable celebration of the Kourth of .Inly ever held In South ern California will tomorrow wltnesa the start of an ocean yacht race from tlits port to Honolulu. Tne Hlgnal Kim 1h to be fired ut noon, and nego tiations are progressing toward hav ing .'resident Roosevelt ut Oynt'r Bay give the slgua) that will send the four yachta on their journey. It Is possible that wire conditions may interfere with the presrdent'8 par ticipating In the event. The yachts to start are the Hawaii, sent across $81.7.r)fthe Pacific by the Hawaiian Yacht club; tne Lady .Maud, nying tne col or of the nan Diego lacht club; tbe (jwvndolyne II of Seattle; the I air line or the South Count Yacht club. Handicaps hurl hie scratch; Gwen dolyne eighteen hours; Lady Maud nnd Hawaii about eight and one-half hours each. iVl HLItT IS PLAVINfi HAM.. V. J. Citli'N, Knghicer, Skull In (in me. l-'ruct utvs KLAMATH FALLS, Or.f July 7. W. J. OaleH, an engineer employed In the allotment mirvcy on thn Klamath Reservation, sustained a fracture of the Hkil in a baseball game yester day at the Indian Council grounds near Kort Klamath. Cnles played in a picked nine against the Klamath Indian team and the Injury was re ceived in collision with aaother player In the score of the game. Klamath County people celebrated the Kourth at the Council grounds and the accident was witnessed by several hundred people. Recovery of the In Juried man in doubtful. Twenty-five Cent 1m (he Trice t Peace. The Urrlhle Itching and amaitlng. Incident to certain skin disease", Is almost Instantly allayed by applying Chamberlain's Salve. Price as : Fur sale by Cliailoi Strang. California MKDFORD, OREGON TIMBER LAND ACT JUNE 3. 1878 .VOriCE FOR PUBLICATION United flut Land Oflre. Ro eharg, Orreon, yinf 12tb, J 90S Notice ! hereby given ttast In compliiDce with the provision of the act of Con green of Jiidc S, IKTB, emit ed "An act for the eale of umbf r Uncle in tlie tte of California, Or gott, Nevada nnd WhlDKtnn Territory. ' aa extended to all th public land States by ae ol Auauai 4, W2.ieorne E. Prot. Jr., of But ler But of Oregon, has tfcift rt filed to thli office his xworn ttairmvnl No Wi for the purrhate ( the w H NE !, N NWf4- ol Section No 11, In Townnhlp to U huitb ftanve No I Eunt, W M, and will offu proof in show that the land touitbt tit mor viiluablc for ltt Umber or stone than fci nerl cultural purpotei, and to establish hit c:atto io Hld land before A. B. Bllton, U. 8. Com-tall-loner, al hti office In Medford. rrcBon. on I Wednesday, the Ifltb day of September, Iff. I He nanivi as wltneex: Katie M. U'leTe, W lliam T. liilcve, K chard B. Vincent and : Alfred P. Gorden, all of 1'ranpert. Oregon. j ny inn an pcriDnn naimiuK adversely t no above described land nrc requeued to ft Io their claim in tbl-ot.ce on or before laid ltilh day of Heplember 1908. Benjamin L. Eddy, Rotj liter. TIM BE It LAND ACT JUNE :t, 187 NOTICE FOR PUBLICATION. fulled Ktate Land Office, KoHCbnrit. Oregon. May 8, 1908. Notice ! hen given thnt in compliance with the pruvMotiH ol the net of Cod g r ran ot June 3, 1.8, 'n titled "An a-t for the nale of tlmbet lanuit lu the 8tateaof 1'nlifornta. Ore gon, Nevada, and Wanhlnitton Terrimrv," aa extended to all the Public Land Walea by act of Aufc-uati, 18W. ANAH C. II FAD, of BrowQflhnro, Jacttaon County, statr oi Ore gon. haa thin flay tiled In this office hi r iworn statement ISo. 10019, for the piiret.aae ot the U UK1; of Section No. 24, HiTomiiAip as. Booth Range 1, East. W X, and will oner proof to thow that the land poukIH I" more valuable for it limber or atone than for agricultural purpoeca, and to ta tMbliHh her claim to laid land be tore A. S. Hilion.U 8. Commlantnaer, at hi dira. in Medford. Orefon, on Wedueiday, the Hih day of September, . He namea aa wttneaaei: John A. Obtnchalr of llltr Butte. Oregon; t'bartea A. Obt ncbalt of Bui t tall, Oregon; Henry Penning ton ol Hrownnboro, OreRoii; Frederick V. MtUrnakl of Big Butte. Oretcnn. Any and all persona claiming advern.y Xh9 above-dencrlbed I an da are ieimatt-d to flit their claim in thia office on or before aaid 16Uj day Jl September, 1MM. BKNJAMIN U EDDY, He .-I ler. XOMIXATK A PKISONKIt. PreNton KxpreftHe Xn Surprise at HI Nomination. CARSON CITY, Nev., July 6. M. R. Preston, who Is serving five years In the penitentiary here for murder nnd who was nominated on the so cialist ticket at New York for prenl dont of the United States, expressed no surprise when shown a elegram announcing his nomination. Pmui the ceil he gave out an Interview to night In which he said he wa con fident that his party would reung nlze him one way or tb other.