The Medford mail., December 25, 1908, Image 4

Published ever Friday.
A. 8. BLITON, Publisher.
MEDFORD, DKCKMIlKlt 2S, 1008.
SUBSCRIPIION $1.50 a Year
Entered In the ooatoffice t Medford,
Oregon second class mall mailer.
EVERY ONE SHOULD HELP.
The members of the Medford fire
department are arranging to glre a
dance la the Herman ball on New
Tear's are, December II. T) pro
ceeds of this danoe are to be used
in getting things necessary for the
we of (he members in connection
rTth inelr work, and besides patron
ising a worthy cause, those who pur
chase tickets can be assured of hiv
ing a Tery pleasant evening if they
attend the dance.
The work done by the Medford
fire department every time their ser
vices bave been required bas been
of the very best, la spite of mauy
handicaps. Tbe cltitent now have
chance to show appreciation In a
substantial way, and at the same
time help to furnish tbe worthy
members of the organliatlon with
aome of the things which they need,
and which the city does not think
they can afford to get them. It is
to be hoped that all will purchase
one or more tickets who are request
ed to do so.
The Kansas City Adam certainly
proved his ability to raise Cain.
With the office-seekers gone, Hot
Springs will not be such a warm
number.
"Wealth Is no honor," says Mr.
Carengle. But see how his checks
are honored.
A military message was expected,
as be has been pretty much on the
firing line of late.
By all means keep Cannon stand
ing pat for his picture, for then he
Is pleasantly harmless.
We'll see how Cannon keeps n,ls
promise about giving a good Imita
tion of a noiseless gun.
. Cheer up, little Filipinos! You can
go It "alone" wben you hold bo:h
bowers and the "Joker."
Nord Alexis has proved to the
world that even at 90 a politician
may bave the run of his life.
We fear the New York World
runs a risk of being designated as
"a prevaricator of great circula
tion." Lynchburg has gone dry, but
Lynchburg doesn't own the original
receipt for the old Virginia mint
Julep.
"Lest we forget" appears to be the
text upon which Mr. Archbold's tes
timony at the Standard Oil hearing
ts based.
According to Director North, the
census bureau is In serious danger of
becoming a pink tea and suffrageue
institution.
The message also has a kind word
for the forests of the country. But
think of the big sticks they have
furnished him.
Uncle Joe Cannon has had lots of
experience with the 1-told-you-so s,
and he Is likely to fool them again
on the tariff business.
A Missourlan has contributed $3
to the national conscience fund,
probably In disgust at having bad
nly a $3 opportunity.
Chorus girls In New York gave a
banquet to celebrate the return of
prosperity. The winter crop of
Johnnies promises to be a record
breaker. It John W. Oates has bought a
real circus, the country at large may
see the Wall street animals for leas
anoney than it baa been paying here
tofore. The "Adam" of Kansaa City la not
as mild-mannered as his ancestor of
the apple business; besides, he baa
the bad hip-pocket habit, which is
ot original.
The plan for preserving the rem
nant of tbe native wild herds of Am
erica la a good one. After a certain
important event it may be worth the
attention of the Central Africans.
An ambitious automobile tried to
Jump the Altamaha river. Sensible
automobiles confine their operations
to making good roads by displacing
pine trees and other obstructions.
The most striking difference be
tween the De Sagan and Castellan
brands of escapade, and the one
that chiefly grieves Bonl, la that tbe
former has the price to pursue them.
The dark, ominous war cloud that
for some time has hung over the
speakership situation It now drifting
way, and the spotlight is getting
ready for a "Happy Family" ubleau.
Exchange.
facilities in banking.
The officers are pleased to render counsel and
advice on financial matters.
Accounts, subject to check Are invited.
JACKSON COUNTY BANK
MtPrORO, OREGON
Established ISSSi Statta Dopoailorr -
Capital and Surplus, fl25.000.00
W. L VAWTER, Pres.
THE NIGHT KIDEKS.
Trial of Tenneaee Marauders Now
Going On.
UNION CITY, Tenn., Dec 21.
The state practically completed Us
case against the eight, night riders
for the murder of Captain ttankln
today when It drew fr'im Frank Fch
rlnger, a member of the band, a de
tailed statement not only of the
Rankin tragedy, but of a score or
more of other outrages. It also
called Mrs. Emma Tburman John
son, one of vo women said to
have been v by the band, and
had her tel- ory. Startling tes
timony of F....nger was given with
details that were amatlng.
When Mrs. Johnson waa called a
murmur of satisfaction arose. Near
ly everyone knew she bad bee.i
hipped. Mrs. Johnson, after sev
eral years of marriage to Joe John
son, sued for a divorce, alleging
cruelty. Early In September night
riders visited hre father's bouse aod
notified ber to withdraw the suit.
Mrs. Johnson awoke to find h?r
rooms filled with masked men. A
man whom she said she recognized as
Frank Pinion, ono of the defendant
told her she must withdraw the su:t.
Mrs. Johnson refused, to which the
speuker replied: "You will before we
are through with you. It you dis
miss the case we will see that he
supports your child, but you mint.
not touch his property."
Mrs. Johnson obstinately Insisted
on pressing the case. Then the men
filed out of the room and held a
conference, after which they return
ed and dragged her roughly from
the bed and led her a distance of
250 yards, where they throw her
over a log In the woods and beat her
across the shoulders with a strap.
After the first beating they asked nor
If she would dismiss the case, and
he said no. Again they whipped
her.
This time her fighting spirit was
broken and she sobblngly said sho
would give in to their demands.
"Let's give ber another," said one
of the band. "No," Pinion Is aald to
have replied, "she has bad enough."
Judge James, after sending the
Jury out, aald: "There are eight In-
fendants here charged with a capi
tal offense. They are not hand
cuffed and are under guard of only
two deputies. I do not think this
safe. Therefore, I order the sheriff
to handcuff these men and ask the
military to detail ten armed men to
serve as guard." The defence ob
jected vigorously, but the Jud-e re
fused to withdraw hit orders.
UNION CITY, Tenn.. Dec. 22.
When Mrs. Anna Jackson, one of
the state's witnesses, this afternoon
In the night riders' trials, was ex
cused from the stand, she tnrned to
Judge Jonea and said: "I will not
leave this courtroom without armed
protection. I know these men."
Mrs. Jackson told a vivid story
of several visits of the night riders,
corroborating Fred Fehrlnger'a tes
timony on many details, as did
other witnesses, and identified by
name at least 27 members of thy
band. She was followed in the
stand by her daughter. Miss Dora
Jackson, who corroborated her
mother.
The last witness ot the day was
Will Russell, another alleged night
rider, wbo haa turned state's evid
ence. Russell came to Union City
after the Rankin killing and made
a confession. He waa trembling
with fear and could hardly raise his
voice above a whisper.
Russell It under constant guard,
but believes that he will be killed.
In aplte of the protection. Russell's
story wat practically the same as
that told by Fehrlnger.
ASSISTED THE ME.
Millionaire's Wife Attracts Wants of
Husband's Employees.
ZE1GLER, III., Dec. 2. With a
stubborn fire slowly fighting back
hundreds of men who had been
ceatelelly at work for days seeking
to save the coal supply of the great
Zlegler mine, Joe Letter, the Chi
cago millionaire, and his beautlf.il
young wife have Joined forces with
the workmen, and are personally
combating the tlamca. Early today
Letter and his wife, formerly Miss
Juliette Williams, of Washington,
D. C, were at the scene ot the con
flict. Letter waa leading the work
At the Service
of Depositors
and Clients.
The Jackson County Bank
places at the service of its de
positors and clients, the best
0. R. LINDLEY, Cash.
men with an Inspiring energy, while
on tbe fighting line, tired but de
termined, was his beautiful young
wife, serving the almost exhausted
men with coffee and sandwiches, and
encouraging them by her presence.
Fire started in the coal beds sev
eral days ago. Gradually the flames
have eaten their way forward, and
what was believed to be a matter of
small consequence now threatens the
destruction of an Indefinite amount
of wealth-producing mineral, and
the loss ot employment to hundreds.
Mrs. Letter has had bandages, medi
cines, salves, etc., brought from the
commissary to the mouth of the
shaft, and there she has erected a
temporary hospital tent. Cots and
warm bedding were also brought
Into service, and when a tire-fighter.
singed by the heat, overcome by tin;
smoke, or weakened by exhaustion.
was brought out of the shaft, he re
ceived good and effective treatment
In many cases this was administered
by Mrs. Letter herself.
The Zelgler mlnea are the most
valuable of the. Lelter properties.
Their supply Is practically limitless,
while great expense has been In
curred In erecting homes for the
miners and the construction of
buildings and the purchase of Im
plements. Since Its acquirement,
however, the Zelgler property haa
not been a prosperous one for Mr.
Lelter. Soon after its purchase he
had the troubles with organized la
bor, which proved very expensive.
These troubles had hardly been
smoothed over before the disastrous
fire came.
It Is believed that If the flanus
are checked at the present status,
the mine cannot be worked for
months, and that heavy flnanciul
loss has already resulted.
JOE YOIXO GOES FREE
Pardoned from Penitentiary by
Governor Chamberlain.
PORTLAND. Or., Dec. 22. Joe
Young, the saloonkeeper who shot
at Caspar Van Dran several times.
Inflicting a wound from which he
lay in a local hospital, hovering be
tween life and death for two weeks,
again walks the streets of Portland
a free man. He was pardoned by
Governor Chamberlain, though only
a few months ago the governor re
fused to take such action on the
strength of a petition, because of the
prisoner's conduct.
The Van Dran-Young affair was
one of the most sensational in the
criminal annals ot Oregon. To this
day the police bave never discovered
who was responsible for the murder
of Mrs. Minnie B. Van Dran, wife of
the man whom Young shot.
Mrs. Van Dran quaffed a dose of
cyanide of potassium in the presence
of her sister and barely had enough
time In which dramatically to warn
her sister against swallowing the
fluid before she toppled over and ex
pired. Only a few months passed
before Van Dran committed suicide
In a room at the Oregon hotel by
taking tbe same drug which ended
the life of his wife. In a letter
which be left It could be seen that
he derived a melancholy satisfaction
from committing suicide by using
the same Instrument which sent his
wife to her grave.
Young was tried previous to the
suicide for assaulting Van Dran
with a dangerous weapon with In
tent to commit murder, and on being
convicted waa sent to the state pen
ltentlary for six years. Sentence
was pronounced October 17, 1905.
when an order wat granted for time
In which to tile a bill of exceptions
The bill waa filed November 21.
1905, at which time Young went If
the penitentiary. He had been In
the penitentiary, therefore, only o
few days more than three years
when Governor Chamberlain par
doned him. The supreme court dirt
not Interfere In the case on appeal
Portland Church Horned.
PORTLAND, Or.. Dec. 21. Fire
which started In the roof, from
rausea unknown, virtually destroyed
the Immanuel Baptist church, south
east corner of Second and Mead
streets. In this city. Damages by
both fire and water are estimated to
be about $5000. ot which $3000 Is
covered by insurance. The property
Is valued at about $6000.
Still, the bills of the late shop-
pert don't come In quite to early.
ELSEWHERE FOR
SALE OF BONOS
One more chapter has been added
to the waterworks bond aale matter
and It la one which will not be apt
to be greatly relished by the bond
and bankldfe firm of John Nuveen &
Co. of the city of Chicago,' when
they receive notice of the action of
tbe Medford city council at a spe
cial meeting held yesterday after
noon.
The special meeting waa called for
the purpose of considering a report
made by Attorney A. E. Reames. In
the absence of Mayor Reddy, who Is
out of the city, the chair was occu
pied by Councilman Trowbridge. All
the other members of the council
were present with the exception not
ed and Councilman Merrick.
After a conference as a committee !
of the whole with Mr. Reames, the
trtyvrk &uw over careiuuy. Al
ter that the council again went Into
session and adopted the following re
port: To the Honorable Mayor and City
Council, Medford, Or. j
Gentlemen: In the matter of tne i
difficulty between the city and Nu- I
veen & Co., I desire to say that, at
the time when the matter was sub
mitted to me originally tbere had
been differences between the parties
as to the amount to be paid for the
bonds, tbe city demanding face and
accrued Interest and the company
demanding that It be permitted to
sell the bonds only as the money
was required for construction and
to purchase the bonds at face, there
by discounting the Interest, which
would amount to something over
$20,000, and claiming an additional
commission of $18,000. At this
same time the bonds had been sent
to Chicago and the company permit
ted to hold out $831, accrued Inter
est, under the express understand
ing with the city that tbe matter
as to whether that interest would be
due the city or not should be deter
mined when the whole matter of in
terest would be settled by the par
ties. Itond Company Agreed.
Subsequently, upon my advice, a
telegram was sent the company that
no bonds would be delivered without
payment of accrued Interest and
principal, less commissions. To this
demand the compnay finally acced
ed. Fifty thousand dollars par value
of the bonds were then sent to the
First National at Chicago, with draft
attached, and I take the responsi
bility for having Included In the
draft the $831 back Interest. This
was Included for the reason that It
was an interest item to be paid or
not, according to the settlement of
the Interest question with the com
pany. The company having agreed
to pay accrued Interest, I regarded
this question as determined and real
ized that the money could be col
lected easier now than at the final
sales. I also appreciated from the
former conduct of the company that
If the matter were permitted to drift
until all of the bonds had been sold,
the money could only hare been re
covered by a suit in Chicago. When
the bonds reached the First Nation
al in Chicago, the company caused
the bank to wire the Jackson Coun
ty bank that the company claimed
possession of the bonds by reason
of having tendered the amount of
the draft, less the $831 back Inter
est. I realized that the city needed
the money at once, and appreciated
that the company was preparing a
way to tie up the bonds In the Chi
cago bank with an Injunction. Had
this been done It would have been
ilmost Impossible to sell the remain
ing bonds until these numbers were
disposed of; hence I caused a wire
to be sent to deliver the bonds, with
notice that the claim of $831 Inter
est was not waived. I then received
an unfair and Insulting wire from
the company to the effect that. Inas
much as I had violated the subse
quent contract by tacking on to the
draft back Interest, they gave notice
that they did not waive their right
to recover Interest which they had
paid or might In future pay. I
thereupon caused the following wire
to be tent:
Sent a Hot One.
"Medford, Or., Dec. 10, 1908.
John Nuveen, Chicago, III.: If yon
think you have the city on the run.
ill
Christmas
Footwear
We have a
large assortment
of fancy
SLIPPERS
for Men,
Women andJChildren.
Decorated Moccasins
for Everybody
and a full
line of all
FOOTWEAR
Store will be open every
evening until Christmas
CW.McDonald
get It out of your system. City has
no contract whatever with you.
Hereafter bonds will he delivered to
Jackson County bank and held
there until money Is received. Bank
will accept payment In Chicago, but
bondB will not leave city. No bonds
will be delivered except upon pay
ment accrued Interest and of the
back Interest now due. Wire your
acceptance of these conditions with
in 48 hours or city will take steps
tor new sale. If you want the bonds
on these conditions, get busy; if not,
wire to that effect and save further
telegraphic expense."
To this wire there haa been no
reply, though I understand that Mr.
Vawter has received a wire from
them to the effect that the telegram
which I sent was unauthorized and
undignified. I do not care anything
about this part of It, as I realize
that no one careful in the use cf
language would employ dignified
terms to crooks any more than a
man would dress up a donkey In
starched linen. In the telegram
which I tent you will notice that I
took the responsibility of advising
the company that hereafter no bonds
would be tent to Chicago; that they
would be deposited here, and that
while thle bank might accept pay
ment in Chicago, the bonds would
not leave here until this had been
done. I regard this at absloutely
essential to be complied with. It
It absolutely unreasonable for a city
to send Its bonds Into another state,
where they may be tied up with an
Injunction. Furthermore, the bonds
are made payable at the office cf
the company, which will aome time
In the future doubtless give a great
deal of trouble. It It not common
nor it it business, for a city to send
Its bondt into another state to he
delivered or not, according to the
demands of the purchaser. I do not
take any notice, from our stand'
point, of the wire which Mr. Vawter
has received from the company, nor
of their sly assurance to him per
sonally that they will pay the ac
crued Interest. This does not am
ount to anything at all. They did
not answer my wire giving them thtf
48 hours in which to reply, and I
respectfully ask that the city back
up my action In tblt matter and ab
solutely Ignore the wire to Mr. Vaw
ter and proceed at once to tell the
remaining bondt elsewhere. The
statement ot the company In the
wire to Mr. Vawter, to the effect that
he should have his attorney block
any resale. Is a cold bluff, made a,t
long range. The company recog
nises at once that It cannot Insist on
the pretended contract, else it would
not have offered to give up the $20,
000 Interest. If the company wants
to litigate the matter. Its proper
remedy would be to proceed to en
Join the city from selling the rest of
the bondt, and to do thlt would have
to plead or tet op Itt pretended con
tract. Aa there are two Oregon Su
preme court cases directly to the
point that thlt it no contract, thej
company. If it cot an injunction,
would only get a temporary ono,
backed up by a bond, which we
would see would be ample for the
damages, and there ought to be ab
solutely no trouble In dissolving the
Injunction at once. This would de
termine the matter In question here
at home and not compel us to go to
Chicago with a lawsuit. I have
been Informed that they are selling
the bonds at 101 and they are de
ducting pro rata an $18,000 com
mission, so there ts no doubt but
what they will accede to the terms
if they have an opportunity, and
realize that the city Is not bluffing.
However, I would not give them this
opportunity now, but ask that the
city proceed along the lines indicat.
ed and ignore them entirely. Under
no circumstances would I make any
arrangements to send tbe bonds out
of the Jurisdiction of 'the state. The
company is evidently getting some
Information from same eource that
I the action of the recorder In send-
' ing the telegrams is unauthorized.
I desire to say that while the re-
! corder haa acquiesced In my post
tlon and in what hat been done,
.that I take the responsibility tor all
of the telegrams send and the pol
icy followed since I came Into tbe
matter. You have now found the
company out and you know what It
will do to you If it geta a chance.
You are all business men, and I
know that you will appreciate the
necessity ot terminating business re
lations with brokers who follow the
line ot business conduct Indicated In
the recent telegrams sent by the
company.
Recommends Xew Ordinance.
When thlt last shipment of bonds
wat In Chicago I appreciated that the
city needed tbe money therefor and
thought it best to take these steps
after the money had been paid. Be
tween now and the time you will
need any more money you have am
nio time tor a new ordinance provld-
ing for the tale ot the rett of the
bonds, and If you deem It necessary,
providing for a change ot the place
of payment of the bondt and con
pons. These Interest coupons ought
not to be paid at the office ot any
business concern except one known
and appreciated to be fair and Just,
It looks to me like there will be no
end of complications and entangle
ment! It you attempt to continue
business relations with these people.
What I would like done it to have
the matter of your policy upon these
questions settled and determined at
quickly as possible, to that you will
not be up agalntt needing more
money before arrangement! can be
had for It. I am not advlted fully.
but understand that the company
haa the plates tor these bonds, and
that It Issues them In lots at requir
ed and tends them here for signa
ture. Thlt It patting too much
power In the hands of people who
have the business methods Indicated
by this company In Itt telegraphic
communications.
I trust that my actios in thlt re
gard will be approved, and I am
I ready to take such slept In the mat
ter, in connection with the city at
torney, or will be glad to have him
take such action Individually, at to
you would teem jutt and proper.
Yours truly, A. E. REAM US.
CLASSIFIED Alia.
FOR SALE 100 acrea near Eagle
Point; 20 acrea under ditch: $30
acre; rare bargain. Address Box
71, Medford. 142-tf
FOUND Three-year old steer,
brown line back, star on hit
forehead. Came to my ranch
last November. O. E. Rote,
Applegate. 48-6tp
WANTED To rent or buy email
farm within driving distance ot a
good town; place for dairying pre
ferred; may consider unimproved
land it price la reasonbale. Give
full particulars. Addreaa A, car
Mall. 61-2tp
FOR SALE Farm, 132 tt acres, hi
mile from Myrtle Creek, Oregon,
between 60 and 70 acres In culti
vation, fine bottom and black loam
tine for fruit, corn or alfalfa, price
$50 an acre. For further inform
ation address Box 31, Myrtle
Creek, Oregon. 4t-p
FOR SALE Saw mill and timber
for sale. One double circular saw
r.--vly new, with capactly of
, i i.Doo feet daily; 45-horse
power engine: also about 2,000.
000 feet choice fir timber for sale
at reasonable price. Mill stands
on timber 'land. Enquire at the
office. 61-lt
SUMMONS
In the Circuit Court of the State of
Oregon, In and for the County of
Jackson.
In the Matter of the Application
of Charles A. Penlnger to register
title to the following described real
property situated In Jackson County,
Oregon, to-wlt:
Beginning at a point on the south
boundary of Section 28, In Township
36 south of Range 2 west of the
Willamette Meridian, which is 16.45
chains east ot section corner common
to Sections 28, 29, 32 and 33; thence
east along said line 18.32 chains;
thence north 15.01 chains; thence
west 18.32 chains; thence south
15.01 chains to the place of begin
ning, containing 27.60 acres,
vs.
Samh L. Hanson, I. J. Hanson, her
husband; Sarah L. Hannon, guardian
of John A. Penlnger; Hattle Grieve
and Andrew Grieve, her husband;
John A. Penlnger; Fred Penlnger.
and Minnie Penlnger. his wife; Oba
diah B. McFadden and his heirs, and
All Whom It May Concern, defend
ants.
To Sarah L. Hanson and I. J.
Hanson, her husband; Sarah L. Han
son, guardian of John A. Penlnger;
Hattte Grieve and Andrew Grieve.,
her husband; John A. Penlnger, Fred '
Penlnger and Minnie Penlnger, his
wife; Obadlah B. McFadden and his
heirs, and All Whom It May Concern,
defendants;
IN THE NAME OF THE STATE
OF OREG0N, You, and each of you
are hereby required to appear and
answer the application or complaint
filed against you by the applicant
above named on the 21st day of Dec
ember, 1908, within ten days from
the date of the service of this sum
mons upon you, if served within
Jackson County Oregon, or of served
within any other county in this State,
then within twenty days from date
of the service of this summons upon
you, or If served by publication
thereof, then within tlx weeks from
the date of the first publication
thereof; and If you fail to so appear
and answer for want thereof, the
(,nd-cys zohe..mSo:wlaykEre et e
applicant herein will apply to the
coi"t for the relief demanded In
aald application and take a decree
against you In registering title to
the lands above described In the said
applicant according to the prayer of '
said application, and you will be for
ever barred from disputing the same.
Thi9 summons is first published
for six weeks In the Medford Mali
under and by virtue of an order ot
Hon. H. K. Hanna, Judge ot the
above entitled Court, made In cham
bers on the 23rd day of December, .
1908, and the first date of publica
tion thereof Is on December 24, 1908, .
and the last is on February 4, 1909.
W. R. COLEMAN, County Clerk.
J. A. HARVEY,
T. W. MILES,
Attorneys for Applicant.
In the Circuit Court of the State ot '
Oregon, In and for the County of
Jackson.
In the matter of tbe Application
of Charles Penlnger to register title -to
the following described premises
situated in Jackson County, Oregon, .
to-wit:
Beginning at a point on the south ,
boundary of Section 28 In Township.
36 south of Range 2 west of the
Willamette Meridian, which la 61.45
chains east of section corner common
to Sections 28, 29, 32 and 33; thence
east albng said line 18.32 chains;
thence north 16.01 chains; thence -west
18.32 chains: thence south
15.01 chalna to the place of begin--ning,
containing 27.50 acres.
vt.
Sarah L. Hanson and I. J. Hanson, .
her husband: Sarah L. Hanson,
guardian of John Penlnger; Hattle
Grieve and Andrew Grieve, her hus
band; John A. Penlnger; Fred Pen
lnger and Minnie Penlnger, his wife;
Obadlah B. McFadden and his heirs:
and All Wbom It Mav Concern. He..
tendanta.
TAKE NOTICE, that on the 21st-
day of December, 1808, an Appllca-
tlon was filed by said Charles A. .
Penlnger, In the Circuit Court of "
Jackson County, Oregon, for the Ini
tial registration of the title to the
land above described.
Now. unless Ton anoear on or h..
fore the 18th dav ot February. ISA.
and show cause why such application
shall not be granted, the' tame will
bbe taken as confessed, and a decree
will be entered according to the
prayer of the application, and von
will be forever barred from disput
ing me same.
Witness my hand and seal of th
Court hereunto affixed this the Ji
day ot December, A. D. 1908.
(Seal of the Court)
W. R. COLEMAN
County Clerk of Jarkton County, .
wregon, ana ex-omcio clerk of the .
Circuit Court In and tor said'
County and State.