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About Medford daily tribune. (Medford, Or.) 1906-1909 | View Entire Issue (July 16, 1908)
THE MEDFORD DAILY TRIBUNE, MEDFORD, ORKOOX. THURSDAY. JULY Ifi. 1'MW. KLAMATH TO MM DRY Judge Benson Dismisses Proceedings Brought on Account of Election .1:ukon enmity .uiitinuctt tho only oftnis in the ilcscrt of drynesn covering : 10,000 square miles of Houtheru Oregon. Klanuith Fulls must eontimu. dry. Judge H. L. PiMiMon having ho decided in the uetiou brought by A. f'astH und Keut Biillurd against Klamath county, J. B. Griffith, county judge, and Fred Melhase, eoiTuty commission er, for a writ of review of the proceed ings in the local option election on grounds thnt techneai points of the law were not observed in the calling uf the election. Tin decision in an fid lows: "This cause coining on regularly to be heard, upon the petition of the plnintiffs for a writ of review, and the court having heretofore granted said writ, and the county clerk having rerti tied up the record in the said case; now at this time tin cuurt having heard the arguments of cuiiukcI, and being fully advised in the premises, finds that thrre is no substantial error in the record. It Is therefore ordered aud adjudged that the miiil writ me, ami the same hereby is dismissed, and that defendants have judgment for their costs herein." Decision in Full. The petition of the above named plaintiffs for iT writ of review herein, assigns a number of alleged errors in the record, which the court has exam ined as fully us possible, aud has ar rived at the coiii'lusiou indicated in tJie order made and entered herein for the following reasons: The errors assigned by plaintiffs are1 ua follows: 1. That it does not appear in the rec ord that, the county clerk compared the signatures on the petition for a local option election with the genuine signa tures on I he registration books. 2. That the printed notices of tiler tiou sent out by tho clerk had the clerk's name printed thereon instead of being written by his own hand. X That the certificates of the sher iff as to the place where such notices wre posted is not sufficiently explicit ! to enable the county court to find that such notices were posted in accordance with law. 4. That the act under consider;! tiou requires that the county court shall hold a special term for making the final order declariuk prohibition. 5. That there does not appear in the . record as certified up to this court any abstract of the voles cast for and, against prohibition. No Record Required. As to l he first of t hose conditions, it is sufficient to say that the statute nowhere indicates that there should be any record of the clerk's action. As to the second assignment, t lit authorities appear to be practically tuianimous to tho effect that u printed signature may be adopted by a public otlicer and be as binding us though written by his own hand. Referring to the fourth ns'tigumeul, it is my opinion that the phrase "Spe cial session" does not necessarily mean a special term of the court, but rather a special sitting of either a regular or a special term, and that therefore there is no merit in plaintiff's assignment of error. Court's Jurisdiction. The entire argument of counsel for plaintiffs is based upon the theory that the county court is a court of special mid limited jurisdiction, and that none of the jurisdictional facts can be 'pre Burned in favor of such jurisdiction. That in each of the foregoing particn lars the preliminary steps preparatory to the issuance of the older derlaring prohibition must affirmatively appear in rno record. However, whil uusils contention as to the nature of the countv court and its limited jurisdietion is tindouht etm correct, J du not iiihWn!;m,A th-t the decisions of our sunremo anywhere indicated tho nature of the "eet'Manriiv appear m the record to establish such jurisdic tinnul facts, and it appears 1,,'n.e also to re peneeny clear that the legisln tore or the voice of the pooole in eral, when exercised by the Initiative, nas ample power to dee la re the charnc tor of evidenee which shall be required by the county court in a particular case. Provisions of the Law, The local option law, which is under discussiou in this nse, was proposed by the people by initiative petition and approved by a ma ontv of I tie votes cast at the general election held June ti. Hi')"). Section 7 of th net provides among other things: ' ' That prior to any election the county clerk shall d liver to the sheriff of the county at least five notices of the election for each eleetion precinct in said county voting on the question." It also pro iles: "That the sheriff ilial! at butt IS davs before anv eleetion hereunder post saiil notices in public plaee. in the vicinity of the polling plnee, or places. ThereuMin the clerk and tlo sheriff shall each briefly enter of rec ord their compliance with the pri i-mii of this seetioii, and such record shall b prima facie evidence th.9 all the pn visions of thisOeet ion have been fully complied with." The record iu the at bar contains the certificate of the flerk that he delivered wh i...t..-e to the sheriff nt the proper time, and the cerftfieate of the sheriff to the effect that he posted such not.cel in five public places in each precinct within! the proper time, a ( What T.aw PniilG I Again, section lu of this act provides: "On the tenth day ofter auy election herein, or sooner, if all the returns be r-ceived, the county clerk taking to his assistance two iustices of tho in-n.-e I of the comity, shall proceed to open said returns aud mako an abstract of. the vote for the information of the county court. That said court shall oa tho 11th day after the electiou or as near thereafter as practicable, hold a special fiession, aud if the majority of (lie votes hereon in the county as a whole, or iu any precinct in the county, are "for prohibition," buid court shall immediately made an order declaring I ho result of said vole, aud absolutely prohibit the sale of inioxical nig liquors wilhiu the prescribed limits, except for the purposes ami under the regulations specified hereiu, until hucIi time as the qualified voters therein at a legal elec tion held for that purpose by a majority vote decide otherwise, and the order thus made shall be held to bo prima facie evidence that all the provisions of tho law have been complied with iu giving uotice of and holding said elec tiou, and iu counting aud returning the votes aud declaring the results there of." Writ Is Dismissed. But above aud beyond the technical lenguage of the -statute it is to be re membered that if there has been a fair and free election, and the will of the people has been voiced fairly and with out fraud or intimidation, the courts should be very slow to set such a verdict aside. It follows that the writ of review should be dismissed. A. Castel, one of the plaintiffs' when risked about appealing the case, said it was too soon to say what action would lie taken, and Kent. Ballard, the other plaintiff, stated thi:t ho was through with the proposition and that as far as he is i-oncerned the action will stop wit h the deei-ijon of Judge Benson. NO TRACE Or FIEND WHO ASAULTEO WOMAN ho Sae-iif Joe Russell and his deputies have scoured the mountain for ests and followed every trail leading from tialice mining camp, not tho slight est clue has been fouud of the man who entered the cabin of Miss Emma Robin sou last Friday night and brutally as saulted her. M iss liobinson is fast re covering from the wounds inflicted by her assailant and the severe shock of the terrible experience, but she can give only a meager description of the man. That he was a big and powerful man she well knows, as she struggled desperately with him for some t ime; she knows also that he carried a re volver. Miss Itobiusou has lived alone at Ca lice for several months, occupying one of the cabins of the (lalice (,'onuolidntcd Mines company, or what was formerly the property of this company. The mines were sold at a sheriff's sale last year and were taken over bv the main reditor, T. K. Anderson, who owns aud iperates the hydraulic mini's just above the (alice Consolidated company. Miss Robinson intends to develop tho prop- rties and restore them to their oldtime ictivitr. She has made many friends iu the old mining camp, and the big- irted, manly lellows of (ia)iee are much wrought up over the affair. It would not be safe for the assailant should ha be eanlurcd. Sheriff Russell fears he will have considerable diffi- ulty in getting his man safelv to the (irautus J'ass jail ia the event of his apt n re. KLAMATH COUNTY COURT TO ADVERTISE COUNTY 'ouaty Judge 'ommisNioiirra S, A. Walker held B. (.rit'filh and Summers and W. meeting Saturday iil'lernoon at which they agreed to :. pt the proposition of the Sunset Mag :mnn for advertising Klamath county, says the Herald. The county will pay fHmu toward carrying out the contract for 20,000 descriptivo pamphlets and or a page advertisement in the Sunset Magazine tor one year, and a writeiqi of Klamath countv iu one issue of the ma ga ziae. The t ot al sum i n vol ved i it tnc contract with the magazine will Im $1440. The directors of the chamber of com ruerce have not yet closed the contract but it is probable that this will !) doni within a few days. According to the stale law the rutin ty court can appropriate $11100 a year tor advertising the countv. An efl'ort has been made for several years t get the con nlv to make tins appropria tiou, but this is the lirsl money allowed for this purpose. In view of the fact that Klamath county expects to make an exhibit at the Seattle fair, it is ar gucd by many that it would bring belter results to use every cent that can be raised to make a big nhowiug 'here. It is believed that if the county spends this amount with the Sunset and the people have to raise $Ou tional, it will be impossible to obtaiu anything further tor the Seattle ex Inl.il. MKS. EDMUNDS BRINGS A SUIT TOR DIVORCE I'liiil Charles "K. Frlini,.,,!. ', i :.. " " toward his wife in . presence of employes at Hie Hevsir li lei is the statement made bv fl'mce 1'. K.llmin.l. in mill fr .livre. filed li the circuit court at Portland ll.i. tee. Sl. nyH :,!- thai hi. was j lie hiit.it el' freip tin,, road houses. ,n,l ilir.i lie ,b . ried here April !, leav. hi; l, r without money with which to Iniv f,l. While he lived lit home she w.k -ul,, I t vere !,.alinei. she1 i:ivs wtule lie was i nt ox ii-a t eil. Tliey w re married at Seattle .1 ul v I t, Unit. Mr. un,l Mrs. Kdmnnds are well known known in Medf.T.l. Mr. Kdmitnil le ine f.iMiicrlv nii.ii.iL-r ..f the lintel Nnli. it ..,.... i... 1 i t,ni Mr. K.linniids will wist a Vaneouveiolt. newspaper man iliVnri'l'. 1 The lltel Na.b m serving tLe best merchants' lunch in Oregon daily Itnm 11 3u until 13d oVIock. Price 25 cats, SIRES AND SONS. Andrew Carneyle. It U mid. lias to ! teres ted nlwself tu the Ksperauto Ua ' tfuag aud u.-ts devoted ..usidcrauli ' KtteuUou to Its study. . ; E. H. HaiTlwan, if he o willed I might start today wt ISavaunah. G,.. KuU wlk to Sau KraneUco without ! v-u uu uu property or urop erty that he controls. Captain Kltzhugh I.ee. Jr., Seventh cavalry, military aid to the preiidettf. i lias been designated by the war de partment to attend the school of equi tation at Sauiuur, France, this sum mer. P. B. Peterson of Columbia KalU claims to be the oldest Instructor In dauctug now lu active service In Maine, lu all be has taught XV2 terms Mr. Peterson Is seventy-four years of age. Captain C. J. Badger. BUperlnieu.d eut uf the Naval miwlriuy at A una po lls, will serve another year In that capacity. Captain Badger had made application fur sea bervlce, but defers to the wishes of Secretary Metcalf, who Is anxious that be coutluud as superintendent of the academy. Tim Healy, the lrUu member of par liament, Is quick at repartee. A voter once Informed him that be would sooner vote for the devil than for r Healy." "But possibly your friend may not turn up," said Tim, adding lu a tone of mild inquiry, "Perhaps you would support me then?" Representative Burleigh of Maine la one of the few members of the house whose biography omits the familiar sentence. "Studied law at the uni versity.' Ho is a real newspaper man. the publisher of the Keuuebeo Journal aud has been governor aud state treas urer of bis state. . Pen, Chisel and Brush. M. Hodlu, the celebrated French sculptor, has been us Led to paint some frescoes for the new art gallery at the Luxemburg palace. Tolstoy Is talking the book he U uow at work on Into a phonograph, as he tUuia. writing Irksome. The book. la. to be a reader for the great masse and will be. be declares, bis most useful though not bis greatest work. Clarence Herbert New, the detective story writer, has had an adreuturous career. He was shipwrecked off Vic toria, Australia, lu 18M8 during u voy age around the world aud was the only passenger saved after five hours lu the water. Edwin A. Abbey of New York, who exhibited a number of striking can vases at the recent exhibition of the Soclete des Beaux Arts at the Grand Calais, Paris, has been elected corre sponding member of the Academic des Beaux Arts lu place of the late Houer to Buinplanl. College and School. Paraguay bad last year HHH primary schools. In which tlys teachers Instruct ed 3'J.741t pupils. : The name of the Irving Park bjtfb school lu Chicago has been chauget) to Carl Sohuiz high school. First place among the universities of the world In matter of uiere num bers, up to last year held by that of Berlin, has now been won by the Lul- verslty of Paris, which had a student body of Hi.tiO! lu last summer's semes ter. At a receut meeting of the regents of the State University of Iowa pluna for a new law building were submit ted and approved. Frank H. Randall was reappoluted Instructor in tho de partment of public speaking, and Dan iel S bee ban was appointed asslatant law librarian. Sporting Notes. Rising Rim, Md.. Is to liave a race track. It la reported ou K"od authority tliat General Watts. IMJtKi, In to be seut to ituaslu to compete lu the Ug luterua tloual event. Hosteller of tue St. Louis Natlouul league team can pitch, catch uud play auy posltluu lu the lutield aud out Held and do all well. Edwin It. Hweetluiul. foruiarly foot ball coach of Syracuse uulveralty, iiai been secured by Colxate to coach the football aquad ul Hamilton ueit fall. Head f'ouch J:une Wruy of the Har vard varsity crew declares that U will be uet to Impossible to compose u eltfbt of the best Ameili.au college oarsuieu to represent Amurtca la U Olympic regatta. Train and Track. The Income of the street railways In I'euusylvaula last year was !3.55(!.'Jd0 more luuu lu mod aud the disburse ments $3.atiS.3D7 mora. . At tin- present rate of Increase of iruiiic on the railways lu New York city the facilities will have to be dou bled lu the next Qfteen years to (five even as Kuud service as eilsta today. The left hand running of trulus on double track Is practiced by two Im portant rjllii.ivs lu the l ulled States, the l-ake Sia.re aud Mlchljfan South ern railway aud Uie Chicago id Northwestern railway. Old Fashioned. j m t...la.,.,,l womau never lajl a man had a relapse; she cam u a "setback " Wbat has become of the old fash toned novel that beuau with a solitary I l.,.r..,u.. rli.u ,,n a hlll'f I WhBr ,,. become uf that dear. ! thoughtful and handsomely dressed woman who always wore her hat two seasons? Atchison Ole. j ' THE OLD HOWARD RANCH I Three miles south of Medfurd and 2Vi miles west of Hhoenil, is now rut up , ' small trn. ts to suit the purchaser ' Onr fnarth ' sb, balaum in three pa meuts. Tnis is a rare opportunity fur i men of email means. Lilted with all ! agents. I Barry Culbsrtsen, gsasral contractor aud builder, cement work a .pec.Uy Medford. Or ' O TEN ACRE TRACTS V A li I ETY O V Fi V t'V Pears : Cornice, B art lett and d 'Anjou. A pples : Newtown and Spitzenberg. CONDITION Trees are strong and vigorous. Show splendid growth. LOCATION One mile from town and shipping point. Elevation, above frost line. SOIL None better in Rogue River valley for fruit or garden truck. In splendid culti vation. WATER Can irrigate if desired. Great sub-irrigation. PRICE $50, G0, $75, $85, $90. $110, $225, $250 per acre. TERMS Easy : Six per cent, interest on de ferred payments. .Bight per cent off for cash Twelve years devoted to selling realty in this valley enables us toknow the value of land. We do not hesitate to recommend every tract of the ALA VISTA ORCHARDS as being a good buy. We will Auto every day. W. Seventh St rcet n.4m 4." '' n. 7aamii.nl xmum tl. uubllsha-s of the flOOTHliRN OREOONIAN have made a special arrangement with thp Mi THOPOLITAN MAOAZINE by which they are enabled to offer the following aatra Jtdl. baraau. The cost of on. year's subscrtptlon to THE METROPOLITAN 1. I.SU. Ths ! tost of 11! months' lUhicrlptloD to the SOUTHERN OREOONIAN li WOO. W. offer both for U 60. Do You Realize t lint lumber and t'ounmt are on the bargain cminter; ihat all building material is eheaper than it has been for years, and that the serviees of competent .builders ean be secured for wages lower than you will see again ? Now, give this a few fnoments' thought and you will act as do the prudent business men build now, save money and avoid the rush of coming good times. Crater Lake Lumber Go. be pleased to sh ow you these T. YORK & WHY IS IT? Tlut eailt month ci ull lite best lintnes in lliis country, on the library lablo, and in i very t lull trading room, you find the METROPOLITAN MAGAZINE It i.( lifcause it ki'in you in touch wild tliosr great public and human tipiveineiils on svliicli llic American lamily di-pnida. Il is hecatise its Jltififa arc tlif het published any wbrre. It is becausi its illustrations in color, antl black and white, set the standard. It is because il:. uilii lets are the most vital and interestinij. It is because there is something in each cupy lor every member ol every American latnily. A YEAKVS FKAST 1800 Beautiful Illustration'. I r)60 Hayes of Reading Matter. W3 Complete Stories. 7'3 Cood I'oems. 5() t iinely and Important Articles. 1000 Paragraphs presenting the big news of the "World at Large," 120 I lumorous ( 'oiilnliuii ,iii. W'onctf-rfiil t.olor Vnr!., pr -:?n(e:l i;i frontispi.?.-.';, inserts and covars. All M imics (' One- ear's Siilot rltlon lii Till: MElKOrOLIiAN MAGAZINE Prlt r M..( tf Vur tr 1.1 OtiU u Copy tracts. Our time against yours. CO. MEDEORD, OREGON To keep your temper When the thermometer- is 108 in the shade, be sure that you smoke a good cigar, one that you w ill enjoy and will make you forget the cigar; R. R. V., 10-eent matter. The Med ford 5-eent cigar, and Del Marea, 15 cent eiwar are the host that money can buy. Made by a home industry, union, hand made not in the trust. R.R.V. Cigar Works Medford. Or. ABOUT August 15 we will be ready to sell tiered and seasoned OAK WOOD in any quantity at $3.00 per tier, deliveiv.l, or $2.00 pet tier at the ranch. Good Rail Wood Some cedar, sawed into tier wood, at $1.50 per tier at the ranch or $2.50 per tier delivered. For all necessary informa tion apply to WESTERN OREGON ORCHARD CO. Medfortl, Oregon. LOW RATES EAST Will hfi inude this season by SOUTHERN PACIFIC Lines iu Oregon tfKOM MEDFORD, ORE. as follows: Buth Ways One Way Through Via TO - Portland. California. Chicugo $82.40 $87.50 St. Louis 77.40 82.50 St. Puul G9.90 81.75 Omaha u'9.90 75.00 Kansas City .. 69.90 75.00 Tickets will ho on sale June 19,20. duly G, 7,22,23. August 6, 7, 21, 22. ( lood for return in 90 days with stopover privileges at pleasure within limits. REMEMBER THE DATES For any further information call on A. S. ROS-ENBAUM, Local Agent, or write to WM. M 'MURRAY, General Passunger Agent, Portland, Oregon. The fcLLCIKIC TEA KE'lTLK burnishes hot wiitrr for li-ft on verv ) luirt nntii-fl It rail be used on tli.- b i tublo ui in ilu kiU'liru Altii' lii'H to any tliHf.lii'r Siiul'l'', siitr, ron Vi'liicilt, durable BOOUE RIVER ELEOTRIO CO., Successor to Condor Water Power Co. Of lice UOt) W. 7th at. opp. big electric sign. Phone 85S. I kooiitMmiihcru ! j t Out circulation Is legitimate aud large f oi a city of tills aiae larger than any I othet paper in Oregon can show for pop- tulatlon.