$500 ForfeitThe Tribune Guarantees Twice the, Paid Circulation in City or Country of the Morning Mail
I UNITED PRESS
Grflnme.
The Weather
DISPATCHES
By far the largest and best news report
of any paper In Southern Oregon.
Generally fair tonight Hiid Thursday;
southerly winds.
THIRD YEAR.
MEDFORD, OREGON, WEDNESDAY, OCTOBER 21, 1908.
No. 184.
Daily
PERTINENT
QUESTIONS
ANSWERED
Crater Lake Lumber Com
pany Replies to Queries
Regarding Their Water
OHer to the City
In order that tho public may under
stand better tho Big Butte Springs wit
ter proposition, the following answers
to queries uro made by the ('niter Luke
Lumber company:
Will lumber bo floated in the city
flume!
No lumber ill ho floated in tho eily
flmno. Our proposition calls fur two
flumes, one a covered box flume, which
will carry the city's water supply, and
nthpp mi ntiftn V fliinu in ivliieh vt
will float sawed lumber, but not logs.
Does the city pay the cunt of the lum
ber float f
No. The total cost of the two flumes
is approximately $105,000, two-thirds of
which will be expended in construct
ing tho covered box flume for the city.
The Crater Lake Lumber company will
pay the difference, approximately
000, which will lepresent the cost of
the V flume. In no sense can it be con
strued that the Crater Lake Lumber
company is asking the city to build il
a flume and present with tho same. The
company constructs both flumes, turns
them over to tho city for $110,000,
What is the capacity of the city's
flumof
Tho capacity of the city's box flume
is approximately 700 inches, anil this
amount can he delivered at Faglo Point
covered and protected from the sun.
Does the city secure title to the water
and flumet
The title to tho entire system, both
the box flume and the V flume, is to
rent in the city of Medford. The Crater
Lake Lumber company merely has the
privilege of floating lumber through the
V flume an long as it pays the expense
of maintenance. All damage nud wear
and tear due to the use of tho V flume
is to bo borne wholly by the Crater
Lake Lumber company, which is also
bound to pay one-third of tho damages
to the box flume occasioned by tho acts
of God, the elements or other causes
without control of either parly.
How is the flume to be patroledf
The Crater Lako Lumber company
agrees to employ not less than three pa
trolmen whenever using the V flume,
and any damage caused to the city's
flume due to the use of the V flume
will be repaired wholly nt the expense
of the Crater Lake Lumber company.
Water Needed.
How much water does the Crater
Lake Lumber company take from the
city's flume to operate the V flume
The Crater Lake Lumber company
only takes sufficient water from tin
city's flume to make up for evapora
tion or leakage in the open V flume.
Does the city secure title to the wa
ter! Yes. The Crater Lako Lumber com
pany agrees to put up sufficient bonds
to guarantee title to the water. The
water filings made by the Crater Lum
ber company at Big Butte. .Springs cnll
for 800 inches, of water, though the
filing by the company on tho strenm
calls for a much greater amount.
When will the flume he completed?
If tho contract is awarded to the Cra
ter Lake dumber company it gives
bonds that the flume will be coni
by the first of next July.
Total Cost.
What will be the total cost to the
city of securing the Big Butte Spring
water!
The Crater Lake Lumber company
will build the flumes, costing Ht.".ooo.
and turn it over to the city for H0..
(MK. The Jacohsen Bade eompatiy bid
on constructing the pipeline, reservoir
and city distributing system extensions
is $152,410, making the total post to
the city $212,410. within the limit of
the amount available.
How will the acceptance of this prop
osition benefit the city!
It will give Medford the purest sup
ply of water of any city on the conti
nent at a nominal cost. It will mean
the building of on immense box. sash
and door factory in MM ford with an
annual payroll of LV,000; it will mean
tho opening up of the ( rater Lake tim
ber belt, aud an annual expenditure in
wages of nt least $1. ," more
It will provide a common carrier
vear.
for the lumberm n of the ("rater ln V;
timber belt, as a nominal price will
be asked for transportation of the lum
ber to the railroad.
Farmers h-re have been enabled to
plow, aba put in their fall grain, by
the recent rains. Gathering and pack
ing the apple crop it progressing i.tpil-
JONES WILL
BRING COSS
BACK AGAIN
Met With Ooder of Su
preme Court Granting
Stay of Execution Coss
Was Taken up Tuesday
.SALKM, Or., Oct. 2L Sheriff W. A.
.lonos of Jackson county was stopped
with his prisoner, II, M. Coss, at the
gates of the stato penitentiary this
morning by tho sealed order of tho su
premo court and ordered to take his
prisoner back to the county jail in
Jackson county. Counsel KcamcH was
on hand with tho order, and the war
den of the penitentiary was acting un
der the instructions of Governor Cham
berlain. Sheriff Jones immediately
took steps to take his prisoner back to
the Jiu-kson county jail.
(In Tuesday, when tho supremo court
grunted a slav of execution iu the uaue
of Stato vs. Coss, the order was trans
mittal to Sheriff Jones in Jacksonville
by telephone. Jones immediately con
sulted Judge Hauna, who uniformed
him that he could not pay attention to
any order of the supreme court until
it was delivered into his hand, aud
he could recognize the nut hority con-
veved bv the seal. Jones started for
Salem Tuesday evening with his pris
oner.
In the meantime Culvig and Kennies
were notified that Iho prisoner would
be brought, north. So theyliied away
to the governor's office' and told him
the particulars. Tho governor imine
diately ordered the warden of the peni
tentiary to not admit Coss if Jones
should turn uj with the prisoner, but
to order them back to Jackson county.
.Mr. Colvig returiK'd h mo Wednesday
morning, Mr. Kennies staying in Salem
in order to place the sealed order of
the supreme court in the hands of Sher
iff Jones before the prisoner was taken
to the penitentiary. '1 ho party is ex
pected bark iu Medford before long.
OF SUSPENSE
If Supreme Court Does Not
Make Decision Tuesday
Will Go Over For a Time
If the supreme court of the stnte does
not return a decision in the Medfon'
liuuor case on next Tuesday it will
probably be a month later before they
make a return in the matter, as th
leave at the latter part of next we
for Pendleton to remain
weeks.
for
Judge W. M. Colvig returned Wed
uesday morning from Salem, where he
went in the case of State vs. Coss.
While there he endeavored to Wan
when the decision might be expected
but could determine nothing further
than the fact that the supreme court
at the present time is very busy, hear
ing an average of two cases a day,
wilh as many bef.ire them on the dock
et. They have not ns yet had time to
consider the matter, and the time when
they will do so cannot be determined.
As the court goes to Pendleton nt the
end of next week it is probable that
t he decision will not be filed until
after their return, which will not be
for some weeks. There is of course the
possibility that it will be filed next
Tuesdav.
INSURANCE RATES ARE
REDUCED ONE-THIRD
s.W FRAXcism. ml., Oct. til.
Ke-idents of the Western addition and
nther portions of the city today are
taking d vantage of the one third re-
ducti-ii in in-ur.inre rates announced by
the ..iarl oi nn-i'TwriMTi oi im- i ;i
i ifie vet rl;iy. The action of the
le.ard ai brought ab.e.it by the com
petition tlo older insuranci- eompani
encountered from ind p-ttdent compa
nies that entered th fi.-ld.
Fun! Fan! Fan'
at Professor Reynolds' big, free, fun
ny show tonight near the postoffice.
MAY MONTH
JAPANESE
FRIENDSHIP
IS GENUINE
Believed That America and
Japan Will Amically Solve'
All Problems Between!
Two Nations
TOKIO, Japan, Oct. 21. Any doubt
of the genuineness of tho felicitations
xehauged by America and Japan that
may have lingered last night are ut
terly dispelled today.
It iH believed universally that tho re
sult of the meeting of Admiral Sperry
:iud the mikado yesterday at the palace
means I he cementing of tho ends of
friendship.
It is believed that Japan and Amer
ica will solvo amicably all tho prob
lems which the two nations are jointly
nteresled within tho next ten years at
least.
The enthusiastic expressions of
friendship on tho part of the Japanese
ure continuous, and the Nipponese are
lisplaying their good will iu a thousand
I ifl'crcnt wavs. These people of .In pan
have shown that they know how to
piny t he host, and visitors wore not
over-court cioiisiv entertained man ine
American officers.
DYNAMITE KILLS FIVE
ON THE PANAMA CANAL
NEW ORLEANS, La.. Oct. 21. Five
men wereb lowu to atoms by the explo
sion nt a niciiion ctiurge 01 uynamui)
which was hit by a steam shovel in the
ulebia cut, according to a cable dis-
patoh from Colon, Panama, today.
The men were riding on tho gigantic
:irm or tho steam snovei, wmcn was
iron, when the uvnnmite was nit. i no
hnrge hnd been placed behind a rock
or use when the blasts wero set off
it night, and the shovel man was un
aware of its existence.
The explosion scattered the bodies
r i.. (;.. m-nr ii lnif inilo I
PASSES AWAY
W. H. Bradshaw, an Old
Resident of Jackson
County, Dies
W. II. Ttradshaw, an old time resident
of the Rogue River v;;!!ey aud one of
its pioneer fruitgrowers, passed away
at his residence in Fast Medford Tues-
day evening, after n severe illness of
several weeks. The end came not as
a shock to relatives and friends, as it
has been known for somo days that
thero was no hope for his recovery.
Mr. liradshnw was :.t one time mayor
of Medford and also held the office
of county commissioner, ror the past
six years he has resided in Medford,
but previous to that he lived on his
ranch near ltrownsboro.
One of the lirst orchards planted in
the Rogue River valley was that of
Mr. Bradshaw. He became a firm be
liever in thep roductiveness of Rogue
Itiver land when planted to fruit, ami
was one of the earliest demonstrators
of the fact.
Mr Rradshnw was 03 years of age
and a veteran of the civil war. He
leaves a widow ami four grown chil
drenLee Bradshaw, R. H. Bradshaw,
Mrs. !. W. Stevens and Mrs. Charles
Terrill.
DENVER WHEAT ELEVATOR
DESTROYED BY FIRE
! DKN'VKIi, Col., Oct. 21. The great
; elevator of the Hungarian Flour mills
wns destroyed today in an incendiary
fire. The loss is estimated at f.UlO,.
(t ,
1 TIip jMilice are searching for the fire-
bog. The man was seen near the cleva-
tor early this morning and later, just
; l fore the fire wis discovered. Over
lisi.ooo bushels of wheat were destroyed
in the blaze. Hard work by the fire de
partment confined the flames to the
elevator.
FORMER MAYOR
Bl WAY OF
ANSWER TO
MR, BLITLIN
Dr. C. R. Ray Answers
Medford Mail and Asks
Some Pertinent Ques-
tions on Own Account
(Will tho Medford Mull copy answer!)
MEDPORp, Or., Oct. 21. Open let
ter to the editor of the Medford Morn
ing Mail:
In your paper of tho 21st inst. yon
ask tho following questions:
'"See hero, Dr. Hay, how does it hap
pen that I his water pumping proposi
tion of yours is submitted by tho Con
dor Water & I'owor company and not
by the Rogue lliver Electric, company!
Is it not true that several months ago
the concern now known ns the Rogue
River Electric company took over all
of the holdings of (he Condor Water A
Power company! If this be true, why
was not the water pumping proposition
submitted in tho name of the Rogue
River Khctric company aud not. in the
name of the Condor Water & Power
company? What are the assets of the
Condor Water & Power company at
this time!"
In reply, allow ino to inform you
that the assets of the Condor Water &
Power company consist in part- of $rA4,
000 of the first mortgage bonds upon the
power plant and dam at Gold Ray nnd
all the transmission lines connected with
same aud iiov owned by the Rogue Riv
er Electric company. Is this not
enough i
Tho two companies, aa your observe,
are practically the same. Both are Ore
gon corporations and the only reason
that the proposal was made by the
Condor Waler & Power company is
that I aud my associates wish if an
oppor! unity is offered to continue to
levolop Jackson county by supplying
water for irrigation, and for business
reasons believed it would bo better to
separate ine waier ana irrigation iimri
ness from the electric business. This
was done for the reason that wo would
be thus enabled better to keep the nc
counts of the two clnsses of buniness
and tho articles of incorporation of til
two companies are different in that re
spect.
. Whilo you nro asking quest ions, will
you kindly answer two for me:
First Why does not tho Fink Luke
company make u proposition instead of
T. L. Hamilton? And what nro Mr.
Hamilton 's assets?
If vou want to be fair, ns you claim.
why don't you treat all people alikof
Why don't you ask the same questions
i of ati i-oiiipeiitfiis iu the water pmposi
tionf
An early reply will oblige me ami no
doubt will bo eagerly expected by your
' renders? C. R. RAV
PREFERRED STOCK OF
S. P. TO BE WITHDRAWN
NFW YORK. Oct. 21. Wall street
interested todav in the official an
' rouncement that the Southern Pncifii
i 'im pa ii v is short ly to ret ire its pro
ferred clock, which amounts to about
iMit.iiilO.oon. The ofifcinls of tho Hnr
riinan line have not yet decided what
method will bo used in tho tronsac
i'mn except that it will not be by tie
iHsunneo of common stock.
The preferred stock was issued ii
l!04, when tho company was not pay
ing dividends.
The stock is 7 per cent accumulativ
subject to call at 115 until July, HMO,
and convertible into common stock at
par at the holders' option,
The management of tho railroad es
ti mates that a million and a half
year can be saved by retiring the pre
ferred stock,
CHIEF OF POLICE'S AUTO
STRIKES A SMALL BOY
RAN FRANCISCO. Cal., Oct. 21
Bernard Cole, the 12-year-old son
of
W. K. Cob., manager of the Mission
branch of the nglo California bank, is
little worse today for hm rnirfortune
when tho auto of Chief of Police Biggy
struck him. He wns knocked down
and bndlv bruised. Ife was tnken t
the priicrui'iicv hospital by the chic
who wns in the machine, and Inter car
ried to his home. Piggy's chauffeur
was driving the chief along the streets
on a flving tour of inspection, when
the accid. nt happened. Young Cole wns
crossing the street aril ran from behin
a streetcar directly in the path of tlr
machine. The brakes checked the ma
chine's flight and this, although the
lad was hurb d sever il feet, probably
saved his life.
NEW FLEET OF AMERICAN TENDERS AND LIGHTSHIPS
WELL ON THEIR 14,000 MILE TRIP TO SAN FRANCISCO
9V
- i 1 -M .ti-W '
& "-,(
12 ;..
if
TWO OF THE FLEET AND CAPTAIN HERTZ.
SAN JUAN, Oi't. til. Tho nix vohhoIh roinpriHiiiK Ilio now fleet of ton-ilei-H
and HnMihiK wlm nro mi 11 11,000 inilo voviiko In Ilio I'ncifio mailt by
wiiv of Ilio h1 ra it h of Mnj,'i'lleii nro well upon Ihoir way. Thin wim tlio first
port of mil of Iho fleet. It In export oil Hint I hey will he mime four months
iu niiiltiiiK the trip 'n Nun Kniiicim'o from New York. They nro under the
eoiiimiind of t'nplniu Albert T. Ilerlit.
REPUBLICANS!!
General Committee Named
to Entertain Popular Con
gressman On next Monday alternoon at i:
cloeK in I no Keiimen s mm, inni. .
Humphrey, member of congress from
ashingtoti, will address Jackson conn-
citizens upon the issues of Iho cum
gn. The address should lie of more
than ordimirv interest as Mr. Humph
y enjoys an enviable reputation in
itngress, where, although a young man,
ho has attracted attention by his logic
and manner of address. Ho will be uc
iimimnied bv lion. C. Nr. McArlhur.
retary nf the republican state ecu
tral committee, member nt the legisln
ure, and who will in all probability
l0
the next, speaker of the house.
Ciioii their arrival in Medford th
wo distinguished visitors will be. met
nd entertained by a committee consist
ng of Hon. Theodore Cameron uud linn.
C. Heekinnn of Jnevksonville, lion,
vou der Hellcli of Wellen, Hon. .1.
W. Merritt of Central Point, lion. I..
Carter, Hon. J. P. Podge and Hon.
I. Briggs of Ashland, Hon. Joseph
Hnmmerslev of Cold Hill, lion. . I.
nwter. lion. W. M. Colvig. Hon. W. II.
ore, Hon. Herbert Anderson, iioii.
Knyart, Hon. J. K. Wattf lr. .1.
M. Keene and President. V, M. olvig
f the local Taft and Sherman dub.
The band will be engaged to play and
big time generally is promised.
TAFT WANTS VOICE
LIKE STEAM WHISTLE
itepubllcan Candidate, Arrive In Cin
cinnati After Hardont Day of Cam
palgn Voles Almost Oono, Owing to
Htrcnuousnean of Spcochon.
CINCINNATI, ()., Oct. 21. Judge
Haft arrived here at 0 o'clock from
Parkersburg, W. Vn., on his special
train, after the hardest day's campaign
he has done since he was nominated al
Chicago.
He was driven i mined iatelv to t he
home of his brother Charles P. Taft.
where he will spend tho entire day
resting. The republican candidate it
very tired today. Bis voice nhnoi
gave out lost night ntter tno nay s
speaking and he will seek rein xation
before starting on his final tour of In
liana, which is recognized as a doubt
fill stnte.
Taft is warming up tho campaign
more than he has at any time before
He said when he arrived: "I would
like to have a voice like n steam whis
tie to reach all the people I can see
at the places at which I speak."
Taft will start tomorrow on his lour
of Indiana. The tour will culminate
nt Indianapolis, where a monster dem
oiistrntton has been plnnned.
HEAR HUMPHREY
, . J vis 4
1 'n wu&m
FRISCO ANGLER
Chronide Publishes Words
of Praise, Spoken by Ang
ler after Fishing Rogue
The following is from the Han Fran
cisco chronicle of October It):
That will known and enthusiastic an
gler, David Sachs, who returned a few
days ago from the Rogue river, stated
that the anglers who reside at Medford
and Cold 11 ill are contemplating
meeting, which will be held at Medford,
for the side purpose of arranging some
plan with the object in view of calling
the attention of the Oregon fish com
missioners and the state game nnd for
estry warden to certain dams in Rogue
river, through or over which migrating
fish cannot, ascend to the higher wa
"" 'iai
''The Wogue river near Cold Ray,'
said Sachs, ''is one of the finest fish
ing waters I ever had tho pleasure of
casting a line over, and some of tiie
trout I hooked fought like demons. They
run large, and I feel safe in saying
that when Iho big fish that nre ham
red bv obstructions in the river will
have a chance to ascend the great watc
nurse, t here will bo a rush of local
anglers to the famous Oregon trout nnd
salmon region in the vicinity of Cold
Hill ami Cold Raw"
THIRD BIG TENEMENT
FIRE IN THREE WEEKS
New York Suffering From Incendiarism
Throe Persons Burned to Death
Third Fire Within Three Weeks In
mates of House Panic Stricken.
Ni;W YORK, Oct. 21. Tho third big
list, tenement house fire in as many
weeks was discovered early today, whe
flames burned three persons to death
fore the firemen controlled tho fire.
Several occupant ot the House were
riously injured in the panic that fol
w d the arrival of the engine: and
were rescued tiy lite ponce wire unri-
ulty.
Scarcely lial the list person been
taken from the building by the police
.efore the central office detectives
were investigating suspicious ei renin
stances tending to snow iiuit nn inccn-
liarv
was responsible
Mo of th
occupants of the tenc-
PRAISES ROGUE
ment were asleep nt the time the flames! the upper floors.
were firt discovered. The fire had its I Frightened women nnd children clam
origin iu the rear of the budding in tiered out on the iron tire escape, whore
the basement. It shot nn through the
ICVIl (OT nnilll. tm" I'lnrmvin, tiuuiv -'
In an instant the inmate became ' scuttle hole and were helpel to aafe-panie-strirken
and in aH stages of at- , ty over the roofs of neighboring howaea.
tire rushed to the street. The narrow! The bodies of five victims werft dbv
l stairways becamo packed with fighting 1 covered by the firemen after the ?lr
humanity and the police and firemen 1 was extinguished.
SMITH SAYS I
NOPARTNERS I
IN THE DEAL
Attorney R.G.Smith Gives
Opinion Regarding Part
nership of Condor Prop
osition and City
Dr. C. IL Kay throws the following
additional light on the Condor Water
I ower company proposition:
Question: Jf the oCudor Water &
wer company's proposition is adopt
ed by a majority vote of the people,
noes me city ot Medford got all tho
wiiter that the pipeline will earryt
Answer: tho city of Modford will
get all the water that tho Condor pipe
line win carry, provided it noes tho
water. The Condor proposition plainly
states that tho Condor company is to
navo all revenue derived from tho
sale of all surplus water (not used by
the city of Medford) outsido of tho
ty limits."
This means that the city of Modford
will get all the water that it hns use
for that the Condor pipe! ino will carry,
which is ou per cent mora water than
that of any other water proposition.
llence it follows that if Medford
grows sufficiently to use all of this
water that the Condor company would
have to build additional pipelines at
its own expense iu order to Bupply the
lemaiid for water from irrigation cus
tomers anil other water users outside
if the city limits of Medford.
Quest ion : If tho Condor Water ft
'ower company proposition is ad op tod
y a majority veto ot . tho people of
led lord, would tho city of Medford be
i partnership with tho Cndor com
panyf
Answer: It would not. Tho Condor
ompany would simply act as agent for
the city iu operating tho water system
under the supervision of tho city, and
in consideration of its services and iu
onsidcrntion of furnishing electric pow
er free for (ho operation of the pumps,
the ( ondor company would iret 7o per
out of the profits (if any) derived
from the operation of tho city plant and
would also get the revenue derived from
the sale of all surplus water (not used
by the city of Medford) outside of the
it y limits.
The water rates could only bo raised
bv Iho cilv council.
The operating . expenses would be
guaranteed lower under Condor man
agement than under city management
under like conditions.
Smith's Opinion.
The following opinion of Attorney
It. (t. Smith:
Condor Water & Power Company,
Medford, r. Cent lemon: The water
proposit ion submitted by you to the
ity of Medford is not in any sense a
proposition for partnership, nnd could
never be construed as such. In tho first
place, the intention of the parties en
tering into a contract of that kind is
the most important factor in determin
ing I heir legal relation. Second, under
your proposal you ..imply undertnke to
pump water through a pipeline owned
by tho city, into reservoirs owned by
the city, and you are to receive n con
tingent share of tho profits.
The Condor company performs serv
ices, aud for the same is to receive a
part of the profits only, if (hero should
be any, for tho services rendered. Tho
proposal made amounts to nothing more
than a contract of hiring for which
vou are to receive a contingent com
pensation. The following authorities
are in point:
Klaterman vs. Haves. 17 Or. .125.
Bisbee vs. Taft, 1 1 If. T. .107.
Itobinson vs. Bullock. ;"S, Ala., 61R.
Brown vs. Jnqtiett, 20 Ala. 770.
Wilson vs. Kdmonds, 1.10 TT. S. 472.
Rundo vs. Moffat, 7:1 Mich. 1SS.
Respectfullv vours,
R. 0. RMTTII.
D. J. S. Pearce of West Jacksonville,
one of the pioneers of Jackson county,
spent Wednesday in Medford. Ho was
one of the survey party that was sent
from Jacksonville to find a route to
Lewistoii to head off travel via Port
land and make Jacksonville an out
fitting point.
I.eon B. llaskins has returned from
a ten days' hunting trip in tho flnlice
district. Most of the time he was
snowbound.
had to fight their way through to reach
1 policemen reached them, and some Junvp-