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.