The Medford mail., November 05, 1908, Image 4

Published every Thursday.
A. 8. III.ITOX, I'ubliklicr.
MBDFOHD, NOVEMBER 6. 1908.
SUBSCRIPTION $1.50 a Year
Entered In the postofflce at Med ford,
Oregon at second clans mail matter.
ANNUAL TKACHEIW IXSTITITE.
Count Teachers Hold Convention
iMt WHk.
The annual teacher' institute for
Jackson and Josephine counties con
vened at the Baptist church yester
day morning- During the day ad
dresses were made by J. H. Acker
man, superintendent of public In
struction; L. It. Alderman. L. R.
Trarer of the training department of
the Monmouth Normal school, and
Cornelia Marvin, secretary of the li
brary commission. During the day
167 teachers were enrolled and it Is
expected that the number will reach
176 tomorrow.
At 8 o'clock last evening Dr. J.
Whltcomb Brougher of the First
Baptist ctaurcn, Portland, gave a pop
ular lecture that drew a capacity
house, on the subject, "The Chief
Idea In Education." There is only
one Dr. Brougher and It is always
difficult to tell whether those who
have never heard him before or those
who have listened to him often are
most entertained with his Inimitable
wit, dry humor, endless store of an
ecdote, that all serve to Impress
great moral and ethical truth.
After exalting the high office of
the teacher and Impressing the duty
of holding the highest possible Ideals
he touched on the recent decision of
the Supreme court In the local op
tion case and proceeded to urge up
on all teachers the Importance of
making a boy realize that he can rise
above an adverse heritage, unfavor
able environment and become a no
ble, strong-minded citizen. He cited
the case of Baron Burr to show that
every advantage of wealth, educa
tion, position and honor could not
deter a man from living a low, mean,
despicable, dishonest life. "Study to
know the environment and the her
itage of the body and help him live
above It. Further, study to know
his especial gift and help him culti
vate It. Cultivate his individuality,
develop that which differentiates him
from every other boy. Train his tal
ent so that he may have power to
win out In life's struggle." In en
- larging upon the triune nature of ed
ucation, Dr. Brougher did not claim
to advance new ideas, but only to
emiaslze the old. The all-round
education embraces physical training
as well as intellectual and moral. Dr.
Josiah Strong was quoted as saying:
"Train the body and soul without the
mind and you have an idiot. Train
the mind and soul and not the body
and you have a dwarf. Train the
body and mind without the soul, yoa
have a criminal."
Many great lives have been ruined
because a man lacked the moral
strength to do right. No one can
long succeed and do wrong. It Is the
sin one loves that ruins him. Break
the laws of nature and they break
you. Education should give will
power sufficient to make a man mas
ter of his own life.
The sessions of the Institute will
continue tomorrow and Friday with
general sessions at the Baptist church
and the department work at the High
school building.
The Merchant
Knows
that it is so convenient, such
a safeguard and saving of time
to pay his accounts bv check
thnt he would not be without this satisfactory
nienns of settlement.
The Jackson Count' Bank respectfullj' invites
the checking accounts of merchants, manufac
turers, firms corporations, societies and indi
viduals, assuring Safety and Good Service.
JACKSON COUNTY BANK
MCDrORD, OMECON
EatabliaHad ISSSiStata Depository
Capital and Surplus, 9U5.000.00
W. I. VAWTER, Pre,. U. R. LIXDLEY. Cash.
MKDKOltD CHARTKR.
Miiile
Basis of Decision In IJqaor
(lute.
RI U'IDKS AT 11HKAKFAST.
M'ifp lirink Poison When Husband
Contpluins About Food.
SEATTLE, Wash., Nov. 3. Stum
to tl?e oniric by her husband's crltl
ttft'" if rbe breakfast she had pre
pared for him( Mrs. Mary M. TJmra
of West Sixty-eighth street,
Pallprl, this morning sprang from
the tr-M?, drained the contents of a
bnttl" nf earpollc acid and an hour
later wps dead. When he remon
strated apntnst the breakfast this
morning she said:
"TTifs the last word you'll ever
hear from me."
Before Tlmm could divine her in
tention, his wife had drunk the poison.
B1IHW
SALEM, Or., Oct. 28. That the
charter of tin city of Medford, en
acted by the legislature In 1905, per
mits the city to license the sale of li
quor notwithstanding the county of
Jackson voted "dry" at the election
of 1908, was declared by the Su
preme court yesterday in the case of
J. C. Hall against the County court
of Jackson county. Justice F. A.
Moore wrote the opinion of the court,
affirming the decision by Circuit
Judge H. K. Hanna.
Special Charter for Medford.
Briefly stated, the facts are that
the local option law was adopted In
1904 permuting the people to vote by
precincts or by counties on the liquor
question. In 1905 the legislature
amended the Medford charter auth
orizing that city, among other things,
to license the sale of liquor "irre
spective of any general law of the
state on this subject enacted by the
legislature or by the people at large."
In 1908 the liquor question was sub
mitted In Jackson county as a whole
and the county went "dry" by a Tote
of 2138 to 1881. At that time J. C.
Hall held a saloon license In Medford
and when the County court was about
to enter an order prohibiting the sale
of liquor In Jackson county he
brought an Injunction suit to enjoin
the County court from so doing so
far as the mandate might effect the
city of Medford. A demurrer Inter
posed by the defendants was over
ruled and the Injunction made per
manent, whereupon the County court
appealed. After stating the facts at
some length, the opinion of the court
holds that this is a proper case for
the exercise of Jurisdiction by an
equity court and then says:
Exempt from Loral Option Law.
'The legislative assembly, when
not Interdicted by amendments to the
organic law of the state. Is a law
making body of co-ordinate author
ity with the people when the latter
exercise the Initiative power which
they have reserved. The legislature,
evidently reaching this conclusion, at
the next session after the enactment
of the local option law, granted to
several municipalities charters, In
some of which It was provided that
the power conferred, to license the
sale of Intoxicating liquors, should
be subject to the provisions of the
local option liquor law. A clause to
that effect appears in the charter of
Brownsville, of Halsey and of Junc
tion City. Other charters were
granted at the same time, containing
clauses which were evidently Intend
ed to exempt certain municipalities
from the operation of the provisions
of the local option enactment. Thus
the charter of Condon stipulates: J
Specific In Condon's Charter. I
" 'No provisions of the law con
cerning the sale of , . . liquor
In Gilliam county or any law of the
state of Oregon now or hereafter en
acted, shall apply to the sale of the
same In the city of Condon.'
"The charters of Estacada and
Medford contain similar provisions.
"It Is quite probable that the at
tempt thus to exempt the cities of
Condon, Estacada and Medford from
the provisions of the local option
law, and to prevent any further en
croachments thereon Impelled the
amendment (In 1906) of section 2 of
article 11 of the organic law of the
state, so as to prohibit the legislative
assembly from enacting, amending or
repealing any municipal charter, and
llso Induced the granting of such
power to the legal voters of every
city and town, but limiting their au
thority; In such enactments as might
contrnvene the constitution or sub
vert the criminal laws of the state.
The local opeltn liquor enactment
has been held to be a criminal law,
the provisions of which cannot be vio
lated by the electors of a municipal
ity In legislating In respect to a city
charter."
The opinion also Holds that the
amended Medford charter expressly
repeals the local option law so far as
It applies to Medford, and that It
would have such effect by Implica
tion (f It did not expressly.
Decision Xot of Wide Effect.
The decision of the Supreme court
In the Medford liquor case Is not of
very wide effect, since the decision
can apply only to Medford, Condon
and Estacada. These were the only
cities that had charter bills passed
In 1905 giving them control of the
liquor traffic, and since that time It
has been Impossible for any other
city to secure a charter of that kind.
In 1906 the amendment was adopted
giving cities exclusive power to adopt
their charters, "subject to the con
stitution and criminal laws of the
state."
The Supreme court had held that
the local option law is a criminal law,
and no city charter adopted since
1906 can evade the local option law.
Even these three cities can be voted
"dry" by an amendment to their
charters.
The anti-saloon people have taken
great Interest In the Medford case.
assuming that the decision that
would be rendered by the Supreme
court would be of sweeping effect.
It Is said that the anti-saloon people
spent considerable money fighting
the case and that they are consider
ably wrought up over the decision.
As a matter of fact, the decision is of
consequence and can be of conse
quence In only the three cities men
tioned. To illustrate the situation
under the law and the decisions that
have been rendered:
Special Privilege Limited.
Albany is a city In a "dry" county.
If the city should attempt to amend
Its charter so as to authorize the sale
of liquor, the charter would be In
valid in that respect, because In con
travention of that section of the con
stitution which provides that city
charters must be "subject to the con
stitution and criminal laws of the
state." In the case of Fonts vs. Hood
River, the Supreme court held that
the local option law is a criminal
law. If a large number of cities had
obtained charters In 1905 granting
them the power to license the sale of
liquor, regardless of the local option
law, the decision would have had a
wide effect, but a search of the rec
ords shows that oaly these three cit
ies, whose charters were enacted In
that year, contained the clause
granting this power. There were sev
eral cities whose charters of that year
authorized the licensing of saloons,
but they did not expressly annul the
effect of the local option law, and
the Supreme court holds In the case
of Renshaw vs. the City of Eugene,
that these charters were merely re
enactments of existing charters and
did not take the cities out from un
der the limitations of the local opMon
law.
All charters enacted prior to 1905
were superseded by the local option
law, so far as control of the liquor
traffic Is concerned In a town in
"dry" territory. All charters enact
ed since 1905 are controlled by the
provision that all charters must be
"subject to the criminal laws of the
state." Only those charters enacted
In 1905 which expressly exempted
the cities from the provisions of the
state liquor laws had the effect of
evading the local option law, as
shown above, there were, three of
these, Medford, Condon and Esta
cada. The people of these three cit
ies can make them dry by amending
their charters, so as to make them
subject to the criminal laws of the
state.
Point and there install a chapter
and to that place they went fully 60
strong.
Mrs. Jennie Rcames, grand worthy
matron of the state, and a resident
of Klamath Kalis, was present and
duly Initiated a chapter at Central
Point. She was assisted In this work
by W. H. McGowan, acting as grand
worthy patron. Mrs. W. H. McOown,
who Is grand Ruth, acted as grand
marshal for this occasion, while Mrs.
Lillian was deputized grand secre
tary, Mrs. J. E. Watt, grand chap
lain, and Mrs. H. C. Kentner, organ
ist. After the initiation of the chapter
the Medford team exemplified the
work.
The Central Point ladles had pre
pared a splendid banquet, which was
very daintily and lavishly served
and all Medford people voted them
entertainers of the kind with which
It Is a pleasure to mix.
Among those In attendance from
Medford were Mr. and Mrs. H. C.
Kentner, Mr. and Mrs. H. C. Garnett,
Mr. and Mrs. J. A. Perry, Mr. and
Mrs. J. E. Watt, Mr. and Mrs. W. H.
McOown, Mr. and Mrs. W. I. Vawter,
Dr. and Mrs. E. B. Plckel, Mr. and
Mrs. Charles Strang, Mr. and Mrs.
Ralph Woodford, Mr. and Mrs. T. J.
Williamson, Mr. and Mrs. M. L. Al
ford, Mr. and Mrs. F. E. Merrick,
Mr. and Mrs. Charles King, Mr. and
Mrs. S. A. Nye, Dr. and Mrs. F. C.
Page, Mr. and Mrs. A. S. Rosen
baum, Mrs. A. M. Woodford, Mrs. I.
L. Hamilton, Mrs. E. D. Elwood, Mrs.
H. C. Stoddard, Mrs. J. H. Butler,
Mrs. H. L. Orr, Mrs. V. T. McCray,
Mrs L. J. Sears, Mrs. BenJ. M. Col
lins; Misses Gertrude Weeks, Bessie
and Fannie Hasklns, Inez MeCray,
Helen Watt, Hazel Enyart; Messrs.
J. F. White and H. F. Piatt.
OVK.lt M.Mi.lKA FALLS.
Wealthy lluffulii Merchant Leaps
Into Hulling Current.
NIAGARA FALLS, N. Y.. Nov. 3.
Charles A. Hengerer, ex-vlce-pres-Ident
of the William Hengerer com
pany, one of the largest department
stores In Buffalo, committed suicide
here today by Jumping Into the river
and going over the falls.' No cause
for the act Is known.
UKHEADKD 11V KKD-HOT WIRE.
Singular Accident to Workman in a
Mill at Clevelund .
CLEVELAND, 0., Nov. 3 Erlck
Els, a wire drawer, was decapitated
at the American Steel & Wire com
pany's mills. While be was drawing
a red-hot wire it broke.
The end struck bis neck, and the
wire, released from tension, suddenly
coiled about bis neck. His neck
was burned through in a few seconds,
completely severing his head from
his body.
SUFFOCATED BV FLAMES.
FARMER KILLED SOX.
Threw a Small Stone at a Mule and
Hit Little Child.
DROWNED IX TAXK OF OIL.
Workman Was Repairing Roof of
Tank, Which Gave Way.
NEW ORLEANS, Nov. 3. Thorn
Cooper, 28 years old, was drowned
in a tank of oil a ta refining com
pany's plant on the outskirts of the
city this afternoon. While repairing
the roof of the tank, taht portion
upon which he was standing gave
way and Cooper fell into the oil. He
managed to keep afloat until other
workmen threw him a rope, but was
overcome by the gases from the ell
and drowned before he could be rescued.
XEW KASTERX STAR IXHHJK.
Xew Charter
Organized at Central
Point.
When the members of the Eastern
Star lodge start out for a good time
and enjoy a pleasant evening there
la never a sidetrack between them
selves and the object sought.
The Medford members. It seems to
us, are exceptionally adept In this
line, and when a sister lodge or chap
ter send out an Invitation for a little
assistance thore is never a falter un
til the assistance asked for has been
given. On Tuesday evening of this
week the members of Medford chap
ter were Invited to go to Central
RUSSELVILLE, Ky., Nov. 3. A
sad and unusual accident occurred at
the home of James Thorn, four miles
west of here, on the Belgreen road.
Mr. Thorn, who Is a prosperous f ir
mer, was attempting to run a mule
out of the yard and picked up a smell
stone and threw It at the animal. He
missed the mule and instead hit his
small 2-year-old son, killing him In
stantly.
Mr. Thorn was not aware that Ms
son was anywhere near and whon it
was discovered that the boy bad been
killed there was much grief.
ACTRESS DIES OF POISOX.
Ada Reamer Commits Suicide Over a
Love Affair.
Man Dies, 82 Families Homeless In
Theater Fire.
NEWARK, N. J., Nov. 3. David
OUngwood met death by suffocation
early today in a fire that destroyed
Starr's auditorium, a vaudeville the
ater, at Fifteenth street and Morris
avenue. OUngwood lodged In a ten
ement adjoining.
Thirty-two families, mostly women
and children, were carried from the
tenement by firemen.
IXTO DRY COLVMX.
Three Connties Voted Against Sa
loon by Large Majority.
COLUMBUS, O., Nov. 3. Temper
ance forces won three county option
elections today as follows:
Greene county dry by 750, 27 sa
loons: Williams county dry by 1726,
19 saloons; Trumbull county dry by
900, 72 saloons. A total of 1045 sa
loons have been voted out under the
new county option law to date.
PISTOL DUEL IX DEPOT.
One Southerner Fatally, Other
Slightly Wounded In Virginia.
OAKLAND, Nov. 3. Miss Ada
Beamer, an actress, died today at a
Banltarlum in Alameda from the ef
fectt of an overdose of morphine, tl
Is thought by the police that the wo
man committed suicide because of a
love affair. It is believed she be
longed to a wealthy family in Philadelphia.
PRESIDENT WILL PASS FIRE.
His Train Will Ron Close to the
Burning Lumber Tards.
PHILADELPHIA. Pa.. Not. 2.
A spectacular fire destroyed the lum
ber yards of R. A. and J. G. Williams
in the northwest section of this city
tonight. The loss Is 3750,000. The
yards were close beside the tracks of
the Pennsylvania railroad. The train
on which President Roosevelt Is trav
eling to Oyster Bay will have to pass
the scene of the fire, and the rail
road officials are trying to keep the
track open so as there will be no de
lay. It Is believed the fire Is of In
cendiary origin.
FIUIIT TO DEATH IX TUXXEL.
Italian Workman Carved to Death
After Desperate Straggle.
NEW YORK, Nov. 3. In one of
the galleries connecting the tubes of
the Pennsylvania railway tunnel In
East Thirty-second and Thirty-third
streets was found yesterday the half
nude body of an Italian workman
who, the police investigation shows,
was murdered after a desperate re
sistance. Except that be was known
to his fellow workmen as "Jim" and
that he bad been saving money with
which to return soon to Italy, noth
ing Is known of him.
The motive for the crime was rob
bery and the man's throat was cut by
his murderers. His clothing was
torn off by them In efforts to find
If money was secreted on It, but'they
overlooked several hundred dollars
hidden in a pocket.
SHOOTS ASSAILANT DEAD.
Woman Defends Herself Against LI
cent Inns Htngcdrlvcr.
GLOBE. Ariz., Nov. 3. J. W.
Weaver, a stagedrlver. was shot and
killed this evening by Mrs. Emma
Caslln, who alleges that she was de
fending her honor. Weaver, who
was shot In the head, fell in the
hall of the lodging house conducted
by Mrs. Caslln's mother. The wom
an, together with her brother. Em
met Gaynor, was arrested on a
charge of murder.
All ot them carefully avoided dis
cussion of a deep waterway via Salt
river.
ROCKY MOUNT, Va., Nov. 3. As
the result ot a pistol duel in the Nor
folk & Western depot between Dr.
J. Semple Cahlll and Robert Smith-
era, both prominent, the latter prob
ably will die, while Cahlll received
a bad flesh wound. H. L. Davis, a
bystander, received a wound In the
ankle from one ot the shots.
XEW THIS WEEK.
COAL EXTRV.
Land Office at Roseburg. Ore..
October 30, 1908.
Notice Is hereby, given that Abljah
Wines, of Medford. County of Jack
son. State of Oregon, has this day
filed In this office Application to
Purchase, under the provisions of
section 2347, U. S. Revised Statutes,
the E. H of N. W. 14 : S. W. of
N. W. H: N. W. 14 of 8. W. 14 of
Section 14. Township 37 South,
Range 1 West W. M.
Any and all persons claiming ad
versely the lands described, or desir
ing to object for any reason to the
sale thereof to applicant should file
their affidavits of protest in this
office on or before the 19th day of
December, 1908, otherwise the appli
cation may be allowed.
BENJAMIN L. EDDY, Register.
XOTICE OF SALE.
Mail Want Ads Bring Results.
Huldah Colver Estate. Executor's
Notice of Sale of Real Property.
Notice Is herby given that in pur
suance of an order of the County
Court of the State of Oregon, in and
for the County of Jackson, made and
entered on the 30th day of October,
1908, in the matter of the estate of
Huldah Colver, deceased, the under
signed, the executor of said estate.
will from and after the 6tn day or
December, 1908, at the premises and
his residence near Phoenix, Oregon,
In said Jackson County, proceed to
sell at private sale to the highest
bidder for cash In hand, subject to
the comflrmatlon of said County
Court all the right, title and Interest
the said Hulver Colver had at the
time of her death in and to the fol
lowing described real property, situ
ated In Jackson County, Oregon, to
Beginning at a point which bears
north 44.70 chains and east 16.30
chains from the southwest corner of
donation land claim No. 42. in town
ship 38 south of range 1 west of the
Willamette Meridian, and running
thence east 45.15 chains; thence
north 51.95 chains; thence west
39.24 chains: thence south 19 de
grees west. 31.67 chains; thence
north, 71 degrees west, 3.49 chains;
thence north In degrees and 4o min
utes west. 10.38 chains; thence
north 9.60 chains; thence north, 21
degrees and 45 minutes east, 10
chains; thence west 9.S! chains
thence south 21.69 chains; thence
south 37 degrees east. 13.70 chains;
thence south, 63 degrees west. 4.39
chains: thence south 37 degrees
east. 2.04 chains: thence south 46
degrees and 15 minutes east. 3.63
chains: thence south 49 degrees
east, 6.45 chains: thence south. 37
degrees east. 1.S2 chains; thence
south, 40 degrees east, 4.54 chains;
thence south, 53 degrees west. 0.23
chains; thence south, 37 degrees
east, 0.91 chains: thence south. 53
degrees west, 1.21 chains; thence
south, 37 degrees east. 1.04 chains
to the place ot beginning, containing
260.94 acres; also a tract of land
50 feet wide and 300 feet long on
west side of the block No. 8. village
ot Phoenix. Will be sold In tracts
from 25 acres down In size.
Dated and first published Novem
ber 6. 1903.
ELMER O. COLEMAN,
Executor of the Estate ot Huldih
Colver, deceased.
W. I. VAWTER.
11. PURDIN, Attorneys for Estate.
New Line of Gloves
For Men
and Women
New Dress Gloves for Men
at $1.50 pair.
Men's Heavy Work Gloves
in regular lengths and gauntlet
style at $1.50 pair.
Horsehide Working Gloves
at $1.00 pair. '
New colors and lengths in Centemeri's kid gloves
for women .
Those clasp light weight dress gloves in new
shades of grey, tan, brown, red and taupe at $1.50
pair.
12 and 16 button lengths in dress and everyday
wear at $3.50 and $4 pair.
All gloves fitted and guaranteed.
VAN DYKE'S
Dry Goods Shoes Furnishings
These are the
very LATEST
iSjTYLE-A' of
Ladies Top
Shoes
Napoleon Top, Tan, In Button or
Lace.
Vici Kids In Button or Lace.
Patent Colt and Kid In Button or
Lace.
Gun Metal Calf In Lace.
Prices lrom $3 to $5
SMITH & MOLONY
We Pay the Freight
To All Railroad Points
in JACKSON COUNTY
REMEMBER
THE MEDFORD
FURNITURE CO.
Carries the Largest
Assortment of
FURNITURE
CARPETS
UlRUlx PAPER
Etc
Scuth of Portland
We POSITIVELY GUARANTEE Prices
as low and Goods the best
Ladies, register or mail address
for beautiful Christmas Souvenir
Phone 353
Medford More Co.
Mall Job Printing, the Good Kind