The Tribune Prints More Live Telegraph News than all Dailies in the State of Oregon South of Salem Combined
UNITED PRESS
DISPATCHES
By far the largest and but news report
of any paper in Southern Oregon.
Dfltedforril IDaifly Gribune;
The Weather
shower tonight or Saturday iu south
ami t it-it luriiuuit. lu northwest portion,
cooler. Soul h westerly wind? in east.
THIRD YEAR.
MEDFORD, ORECIOX, FRTPAV, JULY 3, 1!108.
No. 91.
FIREWORKS KILL FIVE; INJURE HUNDRED
PATENT TORCH EXPLODES
IN CROWDED BUILDING
Gl L
CRUSHED BY
WILD PANIC
Demonstration Throws a
Spark Among Fireworks,
Which All Go OH at Once
in Oakland Store
CLEVELAND, ., July :t. Fourth of
July celebrnl ion cost the lives of five
women, one I my ami I he injury of proh
ably ino girls'. and women today, when
ft patent torch exploded during a ileni
onst ration of fireworks in tin' Five ami
Ten Cent store here at noon today.
The store wns a five-story brick build
ing and employed 100 girls. 1 1 was
crowded wil h customers, who were at
tracted particularly to the fireworks de
partment. One of tin- girl; engaged in the dem
oust ration overturned some i irfw
on a table; at the same moment t he
torch popped find a spark flew into
the combust ibles. The firecrackers let
go ami other fireworks sent streams
of flame into the crowd and about the
room.
Wild Panic Follows.
The women and (fills immediately
were thrown into n wild panic and in
the dash for exits many were knocked
down. Twenty-five women escaped by
Wfty of the fire escape.
Mure than 20 girls sprang from the
windows of the upper floors and fell
unconscious on the sidewalk. The fire
men rigged up i heir nets as quickly
as possible and caught many who had
feared to jump before, but were cut
off from escape.
The stores in the neighborhood were
turned into hospitals, rind it is ctimnt
ed lluit :it least inn women mid girls
were injured more or less seriously.
When the firemen finally were able
to enti r the building after the dense
smoke had cleared away, they found the
bodies of five women and one boy in
the basement. They were eo badly
burned they could i.ot be identified.
The women and hi y are supposed to
ha .'o rushed into a doorway lending to
"the basement by mistake and to have
plunged downstairs and rendered un
conscious bv The fall. DrMh evidently
resulted from suffocation.
Distressing Scenes Follow.
The most distressing scenes prevailed
about the fire during the time when tlie
firemen were unable to enter the builld
ing, and it was uot known whether all
the occupants had escaped.
The fire .starting in the combu-.f ibl.-s,
?pnnd with great rapidity, and the fire
men consider it a miracle thM more
v re not killed.
Among those who were injured in the
rush were small ehihlYen whn had gone
to the store to buy fireworks for tomor
row. The fire inspectors have gnie over
the building and decided that the per
sons who died hi the basement are the
only ones who did not escape.
The Leavers. losing st renk coat in
m-3 tit San Francisco, where the Seals
have already beaten them three straight
games, Mcf'redie's gang would have
been among the leaders iu the race for
the pennant if he hud had a bet t it
pitching staff.
Though the time under the contract
mad between the rity council and M. I'.
Hundley expired July 1, there has been
no money paid by 'he citv. and it is u.-t
known definitely when the money will
be pvid probably not until tie- w:ter
committee definitely decide mIm-Mot or
not the wnt.-r old and gur-r: :it
: .'fnrtllv t here,
M. F. Hundley ami his attorney. A. K
rJeames, met the water committee y.-s
aftrnoon, but co definite act ion wu
taken and it is u&lcr3:ccd l tar En
NO MONEY YET PA D FOR WASSON CANYON RIGHTS
HANNA
WET DECISION
Circuit Court Judge Overrules Demurrer
in Case of Wets Vs. Drys and Gives
Reasons Tor Sustaining: Medford Charter
And Permanent Injunction
circuit -Judge H. K. Hanna Into
Thursday afternoon at Jacksonville
overruled the demurrer filed by Attor
ney YV. M. Cohig for tho prohibition
ists in the case of .1. C. Hall vs. O. W.
Dunn, iu which the county cour:
permanently enjoined from declaring
prohibit Lou in efl'eci in Medford. be
cause tin Medford charter exempted the
city from the operation of the local op
tion law. The case will now be appeal
ed to tin' supreme court. J ml go Hauna
filed a written opinion defining his
position iu the case as follows;
Quotes City Charter.
'The Medford charter reads as fol
lows; ' 1 Seel ion 111. To license, regulate
or prohibit barrooms, drinking shops,
billiard rooms, bowling alleys, dance
houses, and all places where spiiitons,
malt or vinous liquors arc sold or kept
for hale, irrespective of any general
law of the state on this subject enacted
by the legislature or by the people a!
large; provided, that no license for the
sale of spiiilous, matt or vinous liquors
s! all be granted for any less amount
than is or may be provided by thy gen
eral laws of the state iu force al the
time of grant in g thereof; and f urt her
p.ovided, that the ci'.y shall not -;t any
time license drinking shops or ot her
places wherein intoxicating liquors are
"old lo sill intoxicating liquors on Sun
day. '
"It has been contended that the leg
islature was without authority to grant
the power embraced in said charier to
the cilv. An examination of our consti
tution as it existed at the time of grant
ing said charter shows that but few re
strictions or limitations were placed
upon t he legislature in itc grant ing
charters to municipr.l corporation?, and
i- would seem that if it is constitutional
to grant the people the right to r.mend
our constitution and enact alt other
laws by initiative it would be equally
oi to grant the powers it has attempted
ti. do under the charter.
Legislature Had Power.
"The defense conceding that the leg
i: la t ure had I he power to grant the
charter, the next question is, has it been
epea
iled ? The local option law was
nass'-il in .1 uue, mo.i, ami i rc
tlx
act granting said charter. It must be
presumed from tin: wording of said flub
division li and from the enactment of
the repealing clause embraced in sec
tiou 11" that the legislature had iu
mind and were directly referring to the
exist ing local option law. In fact, it
hrs not been contended by the defense
that Hie charter has been repealed by
either the legislature or by vote of the
people, but it is contended that anh
division 1! is suspended by vote of the
people taken under the local option
law. Hut the d"fense does not point
out. nor do I find where the people have
been granted the power to suspend any
of the provision of said charter.
' In June
IflOii, the people Amended
Article of the connti-
se ct ion
of
x ill be tor
tract rends
ttti.e a I
lcflt. The con
is follow?.;
p firt party, for
f t In- sum of one
ood and valuable
ii part .1
That th
1:1,.. I II, conhlei."ti
lolh.r. and of . th
onsid'-ratioii-. t" him in
;!.d the receipt "f which
hand paid. I
is nckuowl- ,
,dg.-d her.
L.fi en,i m
p trt v, cji
'... rlnr
that if, . n
and tie-
n.-Miti nnd
tlo second
bv i; k-pf
and agrees
1. lit", the
be paid to
.,i. 'he p.iM
of M-diord, to
ir.-d. iin-l- rtal:.
ol bet'.M.- Jul'
-e-oi.d i.'irtv slc.tl cause
the tir-t party or hi order, the sum of
J.O(jO, 1i.u thereof in cash acd tl.'y
FILES
tut ion of Oregon o that it reads us
follows:
Constitution of Oregon..
' ' Corporations may he no formed
under general laws, but shall not be
created by the legislative assembly by
special laws. Tho legislative assembly
shall uot enact, amend or repeal any
charter or act of incorporation for any
municipality, city or town. The legal
voters of every city and town are here
by granted power to enact and amend
their municipal charter, subject to the
const it ut ion and criminal laws of the
state of Oregon. '
The legislature cannot confer even
to the people any greater power than it
possesses. Tf the legislature cannot tin
der the constitution as amended either
enact, amend or repeal any municipal
charier, it cannot confer upon the peo
ple the right to do so except ns provid
ed by said amendment, which places
such power exclusively in the hands of
the legal voters i the city or town. j
Relief by Injunction. !
"Ft is urged that the plaintiff has,
mistaken his remedy, that he is not en
titled to a hearing in equity It is true
that a party is not entitled to relief by
injunction where he has a plain, speed y
ml adequate remedy nt law. But, con
ceding plaintiff's contention ns to the
rights and powers conveyed under said
charter, has he a plain, speedy and
adequate remedy at Inwf Tf .'he order
against which he is moving should be
made by the county court the law would
not come to his defense or relief until
he has been arrested, indicted nnd plac
ed upon his trial. T am compelled to
think the complaint states a cause of
uit and that the plaintiff is entitled
to be heard in equitv, Hndor this rule
f the law the demurrer must be over
ruled.
'T very seldom set out in writing my j
decision when passing upon n ease,
knowing full well that the reasoning of
the lower court in reaching a decision:
will not be enquired into by the nppel-!
Ino court, nnd T have departed from
the rule in this case principally from j
the fact that misinformed, though per-
bans well meaning individuals, actuated '
by their zeal in the cause of prohibition,
have addressed r.nonymons commnnic-1
tions to me under the idea thr-.t the I
ourt could act in this matter tinder
his individual feelings, not realizing
that a judge would - be unworthy
his sent upon the bench who would do-
ide a case upon his personal feelings
or upon the clamor of the public except i
they ncecrd with the law an under
stood bv him.
'Xn decision of other courts have
been cited to materially aid the court
in passing upon this case, ns no direct
precedent upon the main question In
volved has beer, found by the able at i
tornevs in the c.i"e or by myself.
''IT. K. IT ANN A. Circuit Judge."
Wi
regret to announce the death of
the venerable mother of Dr. H. P. Har
grave, which took place nt her home in
Winnipeg, Canada. June 27. She was
highly respected by nil who knew her.
ooo thereof in l.l.onn in value
o' the regular issue of its negotiable
water bunds, bearing interest nt the
ate at which the Imlanee of sairi I
regular issue of water bonds are to lie
i' sued.
r in lieu thereof, rush in the I 4.
I.VW'ft. at the option of the I
s f
second party, th-n the flrt party witl
make, vcnte and deliver to th" woA
p;. rty his good nnd rufiiejent deed of j
conveyance of r; of the rights of the
first party to the ii!e of the waters of !
Wason canvoti nnd of Kong ennvon not I
herein reserved, the ssme being for not
'I'si than .100 miners' inches," etc.
f
TWO KILLED, TEN HURT
IN OIL TANK EXPLOSION
piur.AnKi.rniA, r., ,iuiy :i.
Two inon wwr killed ami ten
injured by r.u explosion of nil nil
tank of tho steamer SUeiuingo
hero today. Several of the in
jured will probably die. The
enuse is not known.
Both Fighters Pronounced
in Pink of Condition for
Battle Upon the Fourth
For Championship'
SAN FRANCISCO, Cal., July IV
Thousands of inquiries nt the camps of
flans and Nelson regarding the condi
tion of the two lighters who will meet
at 2::t0 o'clock tomorrow afternoon for
a forty live round battle for the light
weight championship of the world make
it necessary for the managers to shut
down on information except to those
having some legitimate claim. Betting
is brisk, today showing the first lively
laying of money on the fight. The odds
opened today nt 10 to 4, with Gnn.s the
favorite, and so much fians money iu
sight that there wns a probability of
forcing (he odds up another point.
Xelson said he wished the tight were
today instead of, tomorrow, as he is in
perfect condition. Hut thinks ho will
be just as good tomorrow. He shows I
confidence that stirs up enthusiasm in j
his followers. They say they are conn- I
dent that hn will last twenty rounds,
and then they follow thai statement
with an announcement that their belief
is that if he lasts twenty rounds he
will wiu.
finns retains his serene state of mind.
He and his backers belinve he will put
the Dane out before twenty rounds.
An eight -roil ud preliminary bet ween
Sam Nelson nnd "lied Cornet will
start at !:4". The championship eon
test is scheduled to begin at 2:.'I0, The
men will weigh in their rooms, and be
rendy to start as soon as
the ring.
thev enter
TEXAS IS DELUGED BY
A HEAVY CLOUDBURST
FX PASO, Tex., .Inly X This city to
ilny is undergoing the effects of the
worst cloudburst that ever visited this
section of Tex a-.. 1 he downpour oc
enrred last night and two persons are
known to have drowned, while five nth
en are reported m bring and it in be
lieved they have pctUhcd in the raging
waters that rushed through the streets
nnd overflowed the lower sections of
(he country and suburbs. The torrent
washed out the roadbeds of three of
the railroads entering the city, and it
fill be fully JM hours before repairs
an be compb l . d. Street car (racks
lso are wat-hr-d out. and the water is
standing four feet deep in the base
ments of some of (he business houses
the heart of the city.
The loss cannot yet be estimated, but
it will amount to thousands of dollars.
f!eor(e K. Osgood, who is extensively
engaged in hostnieulture on the old
Schmidling ranch near Jacksonville, is
spending a ffW days in Medford.
District Attorney Kennies spent a few
hours in Medford Thursday evening.
HEAVY TICKET SALES
FOR 4 . . . AT ASHLAND
The depot force has been very
busv nil day selling the Four h
of .Fill v excursion tickets. To
accommodate the people ut Med
ford, tickets hnve been on m.f.
all day, and Mr. Rosenb.Miin nyn
indications are that I'mO people
will take nil vantage of the low
rates and viril Ashland, no! in
cluding those bo will go in
private rigs rnd nntos.
The special for Ashland have
nt s, 0 a. m., although the t-xcur
i ft n tickets n re goof o a n n y
train todnv r tomorrow, nnd re
ing ns late ns the ftth.
(f
ODDS FAVOR
AN 4
F
Leaders Arrive on Scene
and Demand Anti-Injunction
Platform in Return
for Support by Unions
(By John K. Nevins.)
HEN V Kit, Col., July 3. Labor is here
to make its fight, around which will
center the chief interest of the demo
cratic convention next week.
The contest for nn nut 1-injunction
plunk that will "get results" nt Chi
cago wns a mero skirmish, compared
lo the battle that is to be fought here,
is the statements of leaders tire correct.
The democrats are facing the open
threat and attack by the strongest
dien tions of sincerity that failure to
incorporate in the plat form a strong.
plain, conclusive plank pledging the par
ty, if successful, to enact laws that
will prevent the use of courts "by cor
porations against the labor unions" will
mean the immediate launching of a la
bor party.
On the other hand, the democrats are
promised the support of labor if they
put in the "right kind of a plank."
Labor Lenders Present.
Among the labor leaders who are here
today are: II. It. Peiham, president of
the railway telegraphers; P. IJ. Mnr-
risey, grand chief of llie Itrotherhood
of Railway Trainmen; A. R (inrretsnn,
grand chief of I he Older of Railway
Conductors, and .lames ( 'Council, pres
ident of the Machinists union ; Sam-
ue Compcrs, president of the American ,
Federation of Labor, is also here.
The leaders say that the Nebraska
plank is all right as far as it goes, but
that it is not conclusive enough. They
are fighting for the strongest plank
that will not go without the bounds of
what they consider a proper respect for
the courts, which they say they do not
desire iu any way to attack or under
mine.
Now York Opposes PInuk.
Labor is not fighting ils battle alone,
it her. Many of the advance ibdegn
tions arriving here bring support to
t he ant i injuiict ion plank. The main
opposition is expected from New York
and 'he east.
Alton It. Parker's plan to attack the
-1 11 1 i injunction plank severely in n reso
lution in memory of the late ft rover
Cleveland has brought down great crit
ism upon his head, nnd on every side
the pro labor men are condemning him
dragging the issue forward under
UC
a ginsr
Congressman William Sulzer of New
York, fifler conferring with William J.
Itryan today, said:
Forecast of Platform.
" Rryan gave me assurance that when
the platform is adopted by the demo
cratic national convent ion it will con 1
lain the following: '
"A plank declaring strongly against
in junct ioti' iu labor disputes. '
"A phmk demanding a representa-'
live of labor in the cabinet.
"A sweeping clause in favor of the!
iiieichaet marine. ;
"Anil an effective declaration in fa ¬
vor ot 11 national goot mails move
ment." Sulzer said that he believes Bryan
favors Charles A. Towne of Xew Voik
a-, t he vice presidential candidate,
though he Maid liryan would not Admit
it.
PERSIAN TROOPS
ST. PKTKItSBI'ltll, July X -Advices
ceived todav from Tnb.riz slate tlml
the tcvolul ionit today surrendered the
citv to the thali 'h troop, under command
of l.'achin Khan, filer holding out for
two iIimi The fighting was stubborn,
he t ween 'Juno and '.UUHt people being
killed on both xidcH.
The hahV troop had been camped
before 1 he city for fvo davs and three
nights, during which lime fighting be
t wi en t he re 1 obit ionintH enl rem lo d in
the cilv and the troops of the ruler
was continuous.
I! a chin Khan made repeated st tacks
on the citv both by infantry and cav
airy sallii-s, but was repulsed every
AT DENVER
BISHOP POTTER CHEERFUL
UPON HIS DEATH BED
- COOFF.IiSTOWN, . Y., July X
Bishop Putter is weaker than he
has been at auy time since he was 4
stricken with what is fen red to
be a fatal illness. Ho is conscious, 4
but it is apparent that he t very
4 near death. Despite his weakness 4
t he famous cheerfulness ha not 4
4- deserted ll'lll. 4
4
HHfHf
Tremor Shakes Southern
TowiisandShattersChina
Ware In Los Angeles and
Pasadena California
I.OS ANtiKLFS. Cal., July lb An
earthquake shock of considerable force
was fell in southern California nt ft
lock this morning. The trembler di
no damage beyond shaking china from
shelves. In Fasaibna two shocks nn
reported, each lasting more than a min
ute.
PASAhFXA. Cal., July X At :.V
o 'clock I his meriting a trembler that
lasted for a minute and a half iihook
(his city and a number of suburban
towns from which reports have been re-
ceieed.
The second shock was experienced nt
.1:17 o'clock, which lusted half n min
ute. China was shaken from plate rails.
hall racks ami potted plant receptacles.
II VKItSIDK, Cal., July 3, A distant
Ihipiake shock was felt in this city
at '1:fiH o'clock this morning, the undu
lations being from west to east. No
damage has been reported beyond the
breaking of some glass nnd chinaware.
CROSS THE CONTINENT .
WITH AN AUTOMOBILE
l.tis AXdKLKS, Cal., July 3. 0. N.
Itliss and II. X. Itliss of Huston have
just completed a transcontinental auto
mobile trip, after traveling lo,'Mi."i miles
luring the past eight months.
The trip was full of hardships and
unusual experiences, ns the Itonton men
lid not follow the usual trn useon tin
Mil a I t rail, but made several detours,
veil d riving into Old Mexico. They
got caught iu streams loo deep to ford,
were mired in ipiicksands, hud to abau-
I nn impasable roads for tie bumping
over raihoail rights or way, wens
searched by Mexicnu revenue ofllcers;
encountered near Phoenix, Arizona, a
herd of wild Texas cattle that kicked
the lamps olT I In car and were forced
lo sleep in the open many nights. The
adventurous motorists left Boston on
November l", liiii7.
Strangers iu Die cily have a grea
deal of trouble in finding locations.
Though the council passed an ordinance
compelling the placing of numbers on
house, it has never been enforced, and
not over a ipiarter of the house nre
numbered.
Wilbur Jones, sheriff-elect, has filed
his bund for $-l!,0iO. His sureties nre:
William Fltich, J. 0. Hoduii. w. I.
Vawter and fleorge Undley, Jr.
There in much complaint in the cilv
over the low prcMoirc in the water sys
tem, caused by letting the water in the
reservoir get low,
CAPTURE REBEL
I iiue,' be the revolutionary troops.
The revolutioniKts had a well drilled
.uriiv and were in a piacticallv bnpreg
n.-ilde poit ion. Had not t heir food
mid aiiiiiiiioilioii run low it is thought
1 hat they con I1 have h'dd out indefi
nitely. I f a chin K h a n s c a v a I r y e a 1 1 y I od a y
reported to the commander of the shah'1
troop that the revobd ionists would stir-
CALIFORNIA
EARTHQUAKE
render t he rity upon a guarnntee of I resent alives that the city would be
personal safety, and after nnine deliber- peacefully governed, but that resist
at ion Khan finally nceepted the offer. lance would be summarily treated.
I When the Knglish reureseutHtivesI According to the latest advices from
heard of the terms of surrender, n dep. Mhe captured city, there bas been no
InUtion wns dispatched to the shnh'alpUluging so far, hut the city is in
Icomumnder to warn him that if he per-state ol turmoil.
W
IS GRANTED
SEPARATION
Compromise Ends Divorce
Case-Custody ol Child
ren and Points That She
Contested For.
After four days of trial before Circuit
Judge Benson of Klamath Falls at Jack
sonville, compromise Thursday after
noon brought the Newbury divorce case
to nn end. Mrs. Newbury winning the
points she hud contested for, the custody
of the childn n in her own borne. She
withdrew her cross complaint nnd Mr.
Newbury was granted the divorce on
grounds of desertion, dropping the
charges of cruelty first preferred.
The court's decree provides for tho
c uveyance to Mrs. Newbury of the
residence property in Jacksonville, in
cluding, furnituie. etc., and release by
the plniniff of oil interest in Mr. New
bury's property nt Phoenix and vicln
''.V. Twenty-Five Dollars' Alimony.
By the decree, Mr. Newbury is to pay
In the county clerk on the six day of
each mouth, payable to the order of
Mrs. Newbury, until the youngest child
snail reach the nge of IS (nine yean),
$23 per month as nliinnnv, but in the
event that Mrs. Newbury remarries,
payment ceases.
The decree gives the care nnd custody
f the children to the joint control of
both parents, but they are to live at
Mrs, Newbury's homo in Jacksonville,
Mr. Newbury having the right at all
proper timcti to visit with them and
the children the right to return the fath-
r's visit.
Neither party recovers any costs from
the other, though the court had already
allowed Mrs. Newbury $1.10 as attor
ney 's fees and costs, which wns paid
by Mr, Newburv.
On account of the prominence of the
parties involved, the case has Attracted
great attention. Over 50 witness
were Hiibpenaed .0 give evidence. Both
the plaintiff nnd defendant gave dra
matic recitals upon the stand, both re-
pientlv breaking down, necessitating
'ourt ad join nment.
The defendant s story sounded like
a chapter from a realistic novel, and
her narrative wns straightforward and
absorbingly interesting. The plaintiff
also made a good witness for himself.
The defendant admitted she hod not
lived as wife with the plaintiff for a
year, although occupying the lame
house.
Attorneys C. I,. Tt.amcs and W. M.
Colvig were attorneys for the defend
ant, and Attorney Norton of Gram
Pass represented the plaintiff.
BRITISH GOVERNMENT
CONSIDERING INTERFERE NOP
I.OXDOX, July 3. There was a hur
ried conference between the heads of
the department of war and the foreign
secretary and the state department this
aftrnoon when the news was received
here that Tabriz., was being sucked by
tjetjirks of the shah's army. The gov
ern nt is seriously considering inter
vening to put a ntop to the outrages. The
than will be forced to admit the In
lerventlon of British troops, or else
he has deliberately broken the compact
between Knehin Kahn and the British
legation at Tabriz before the Persian
fun-en entered the city. The other al
ternative would prove unplcasaok for
I ': shah.
CM OF Mil
in it led his victorious army to repcut
the Teheran massacre Hreat Britain
would intervene. The Kngtih fear that
the Hussians are Acting in bad faith
and are preparing to seize the large sec-
(ton of Persian territory. Thy do not
want any pretext for this to be given
by ruthless slaughter on the part of
the nhnli's troops.
Itachin Khan assured the British rep