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D1rtec!fr(SI 'Baity Griflnme
The Weather
Fair weather is promised for tonight
nuil Wednesday; north to oast wind a.
By far the largest and best news report
of any paper In Southern Oregon.
THIRD YEAR.
MEDFORD, OREGON, TUESDAY, NOVEMBER 10, 1908.
No. 201.
STANDARD OIL CASE REHEARING DENIED
COURT OF
SECOND TIME AGAINST UNITED STATES
BELIEVED IHAI BONAPARTE
WILL ATTEMPT TO CARRY THE
CASE INTO SUPREME COURT
FUe-0f $29,240,000 Will Never Be Paid Unless High
est Tribunal in Land Reverses the Court of Appeals-Fined
For AGGepting Rebates
CHICAGO, Nov. 10. The United (
States court of anneals here today
denied a rehearing in tho ease of the
government against the Standard Oil
company, in which the f ino of $-11,-240,000
was assessed by Judge Lund is.
Tho deniul is another defeat for the
government in tho famous ease and, in
cording to tho counsel for the govern
ment, ifl a hard blow for the interstate
eomtnorcn net.
'i - It is bolieved that Attnmoy-Oonerul
Bonaparto will take the rase before tho
supreme court of the United States on
a writ of certiorari.
" This was the second time tho United
States court of appeal had acted in the
case. Tho case was originally taken to
tho appellate court bv tho Standard Oil ;
company after .fudge Land is in the dis- roniuul;ug t bo cast to Judge Land is for
trict court had fined the company $20.- r trial. This opinion, written by Judge
240 000, following n trial replete wit li i Oosseup. contained what has been ehar
ftcnsations. adorned as the most remarkable exceor-
Acceptcd Rebates. intion of one court by another in the
A jury in Judge Lnndis' court, had history of the American bench. The
found the company guilty of aeeepting opinion denounced Judge Landis in un
rebates from the Chiengo & Alton Hail- measured terms, bidding that he had
road company. The Alton company had rea'ly convicted the Standard Oil corn
been indicted by separate juries on puny of Xew Jersey, when it was not
6428 counts charging violations of tho even on trial.
Elkins anti-trust law, which prohibits On August 14 last, District Attorney
tie granting or accepting of rebates on Sims filed a petition for re hearing of
oil or other products. the case before the appellate court, al-
The trial began March 4, 1007, and Joging that the circuit court had mis-
lasted six weeks. United States His-
triet Attorney Sims represented the
government nnd Attorneys John Miller,
Virgil P. Kline, A. D. Kddy and M.
W. Martin nppeared for the Standard
Oil company.
Tho specific indictments on which
the authorities elected to make their
tight numbered 1402 and charged the
acceptance of rebates aggregating $22:1,
000 from the Chicago & Alton railroad
on shipments of oil from Whiting, Did..
to Pant St. Louis, HI.
Verdict of Guilty Rendered.
The trial ended in a verdict of gnil
'ty on each indictment, nnd 'on each
count in each indictment. The maximum
fine was $20,240,000, with the provi
sion that it could be less should it be
shown that the Stnndard Oil company
nf Indiana, a 1.000,000 corporation, was
not iubsidiary of the Standard Oil com
pany of New Jersey. After eonvietion
and before ho pronounced sentence.
Judgu I.nndis expressed a curiosity to
have this Intter point cleared up. nnd
he subpoenaed John I. Rockefeller and
leaser lights to explain the conneetion
between the two companies. On Au
gi.tt i, 100S, Judge Land is fined the
con paoy the maximum, 20,240,000 in
' "' an nnen opinion scoring the company
C Powell and son Henry of Boise,
Idaho, are visiting with J. X. Powell
and family of this city.
Not Yet
But Soon
niiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiinniiiiiiiiiiiiiiiiiiiiiiiiii
WHOSE ADVKRTISEMKXT IS MINSIXd
FROM TUTS lKSlTKf
miiiiiuiiiiiiiiiiiin iiiiitiittiiiiiiiiiiiuiiinntHiiiiii ininiiim
S E E X E X T ISSl' E
For Thanksgiving Sale
APPEALS
unmereiuilly.
riie Standard Oil company immediate
ly tool, the case to tho United States
ei'iirt of appeals, averring that the trial
couri li.-id erred in ruling that the mini
he of offenses should bo reckoned by
the number of carload lots and not by
the mniber of shipments; that the trial
court had erred in ruling thnt ignorance
of the law is not an excuse for viola
tion of U. and that the trial court had
rtSMt-fod an excessive fine and had gone
beyond his power in hearing the tes
timony after the jury had returned a
. enlifl.
Decision in July.
Last .July the appellate court handed
iloun ils opinion on this writ of error
petition, reversing tho trial court and
understood and misquoted the ruling of
(! trial judge nnd alleging further that :
the circuit court's ruling, if sustained,
wuiild make of the interstate commerce
act "a mere will -of-the-wisp of legis
lation, a phantom statue.'
Today's ruling was on this petition.
Decision Is Unanimous.
The decision today was unanimous.
The opinion was written by Judge
(1 rosso up and Judg.? Baker in concur
ring gave additional reasons for the
ruling. The opinion is almost identical,
in the language used, to the former
ruling.
The contention is made that tho ac
cepting of rebates should have been
considered by each one complete and
it, is held that Judge Lnndis' ruling
that each carload constituted a sepa
rate offense was wrong. The decision in
directly refers to the bringing into the
case of the Standard Oil company of
Xew Jersey, when it was not named in
the indictment. The court holds thnt
the person back of the defendant could
be reached only through proper proc
esses of law and not through supplemen
tal proceedings, in the nature of civil
proceedings.
The court reiterates its original ex
coriation of Judge Lnndis.
William Henderson of North Medford
is seriously ill. He is in no immediate
danger.
DECIDES FOR THE
WEST WINS
F
IN WRESTLING
Local Man Shows Science
Welch Injured Arm by a
Fall From Stage
By taking three out of four falls,
though one was by default, W. 11, West
of .Medford Monday evening wrested :
new laurels from Jack Welsh of the
.
I win cities in n wrestling match in the
ROM WELSH
Anle opera house. Both of tho men ' national liberals, today ma do a sciisa
proved their aptness at tho game, and j 1 io,ml attack on tho monnreb of Gor
l..,!..! .ciu .i . tlinSi. '
momv. WVst is nil that in dnin.rd for !
I,h. W.-IhI. mn.lo UJ Ilssor- '
Hons that he knew the game.
The first fall caused a slump in the
stock of the local man, for Welsh show
ed (arty in the game that he was a big
husky. However, West showed scion
tifie form ami repeatedly brought cries
of approval from the audience by his
tricky ways of getting out of tight
holds. Throughout the first Welsh was
the aggressor ami finally put West on
his back after a go of 10 minutes nnd
IS seconds, employing a crotch nnd half i
.Volsoii to do so.
Over the .Footlights.
The second fall went to West by de
fault after six and a half minutes of
tussle. The two men did not realize
how close they were to the edge of the
stage and a sudden lift threw them
over. Welsh fell find and sprained his
arm. He asked for ten minutes nnd
West claimed the fall, which was grant
ed.
In the following bouts Welsh favored
his arm, saying he was unable to use
However, changing his tactics to
the .defensive, he put up a great battle.
However, after 10 minutes and 50 sec
onds nf work with u far arm Nelson
ind a crotch. West put his man to the
mat.
The final go was worth all of the ad
mission fee. For 15 minutes nnd 41")
seconds the wrestling continued, but
fi n nl ly West got n ha r hold a nd half
Nelson nnd put Welsh down.
The fans enjoyed t he match and a
movement is on toot to have a second
go between tho men..
Welsh proved superior in strength.
but West offsi't this by his science.
Dr. K. I(. Seely refereed the -bout
and Jack Donahue and L. F. Whiting
kept the time. The sport was clean
ind wholesome and thoroughly enjoyed
MEETING TO ORGANIZE
FISH PROTECTIVE ASSOCIATION
Thursday evening at the Commercial
club rooms fishermen nnd others inter
ested will meet to form a fish protec
tive association for the Rogue river.
Fvorvnne, whether a sportsman or not.
interested in restoring good angling to
the Itngue, is requested to be present.
It is intended to wage an aggressive
fight at the coming session of the legis
lature and secure the passage of laws
that will prevent the wholesale slaugh
ter of steelhead and other native trout
and secure the restocking of the stream
The Rogue river is famous for its nn
L'linc. and can be made a source of
much profit to the country through its
being made a Mecca for fly fishermen
from all parts of the Cnion.
BUTCHER LOCKED IN ICE
BOX CUTS HIS WAY OUT
OAKLAND. Cab, Xov. 10 Fred Lew
is, n local butcher, entered his ice box
j at the close of business to adjust his
stnek and took along nn ax.
A spring lock nn the outside dipped
from his hand, nnd he immediately be
gan pounding nnd shouting for asust- :
ance. (he intense cold rendered linn
numb, and he finally, nfter two hours
imprisonment, attacked the walls with
the ax.
Neighbors who heard the muffled
blows believed that burglars were op-
erating, and a !4wis prowled through
the hole ho hail made he was confront-
, ej by n policeman, to whom ho ex
plained the ituatio:i.
"
j (Continued on page 4.)
WOULD LIMIT
THE POWER OF
EMPEROR BILL
Der Kaiser Is Ronndly
Abused on Floor ol the
ReiGhstag by Leader
HF.KL1N, Nov. 10. Demanding that
.Chancellor von Boulew Introduce a bill
,imitinK " kaiser's personal power
, , . ,. 7. , .
Oil ml serotinus on tho nnrt nf the em
p,.l)tr. llerr Wnssermnu. leader of the
"Ul".v ''"" Billing ui nit ri'iseiiHing.
" I"'"""' ' -n-ni-linnary (Won
ni ffurK in toe ucriiiltu Cllipiro tllHt
made tho country moro benighted - in
many wuvh that Turkey or Kussih
There was the wildest excitement
when the speaker denounced Wilhelm
and the reichstag applauded again and
again. The government ministers re-
gun! the situation as critical and fear
t lint a ministerial government similar
to that of Knglnnd will follow the agi
tation aroused in the German parlia
ment. )
"We want to stale plainly and pub-
I icly ( o t he world , " cried H err Was-
Hcrman, "thnt we are not atraid of
yellow perils or any other perils, hut
the danger from an international policy
based on the sudden moods of the kaiser
is incalculable.
"fiermany's fate must no longer de
pend upon one man's impulsive tcmpcr
auienl. The idea of person n I absolut
ism is undermining our nntionnl secur
ity." SPECIAL SESSION
OF GRAND JURY
IN COOPER CASE
XASHVILLK, Tenn., Xov. 10. A spe
cial session of the grand jury has been
ailed for tomorrow to consider the
use of Colonel Duncan B, Cooper nnd
his son, Robin Cooper, who slit dwn
and killed former Cntiod Slates Sena
tor Kdward Ward Carninek on the street
ato yesterday, and it is expected that
sensational testimony will be adduced.
It is understood that Colonel Cooper
nnd his son will waive preliminary ex
animation at the hearing nnd the ense
ill go directly to the grand jury.
Though Colonel Cooper did not fire
shot, but stood by, revolver in hand
while Robin killed Carmack, the father
and son are charged jointly with the
Killing.
Governor Patterson, n warm personal
friend of Colonel Cooper, issued a state
in on t today curling to defend Cooper.
It. was on acponnt of editorials written
by Carmack based upon the relationship
nf Colonel Cooper, the governor and
other political leaders, that the tronbh
between the Coopers and Curmack arose.
The governor says that ho was in
con versri t ion with Colonel Cooper yes
terdny a short time before the shooting
nnd thnt Cooper gave no intimation that
he expected trouble with Carmack, lie
says thnt Cooper did everything in his
power to avert a tragedy.
It is said, however, that witness s
will be produced in an effort to show
that the kilting wrs premeditated. It
is said that one testified that the Coop,
ers' daughter telephoned him saving
that her father had gone out to kill
Carmack and ask ing him to find nnd
disarm him. He was wrought up over
the affair which resulted from the light
fur the governorship.
j !
XASHVILLK, Tenn.. Nov. 10. Kd
ward '"armack. editor nf The 'IVnnes
t ftf-etni mid ex-senator, wns shot nnd
killed yesterday on Seventh avenue by
R.diin Cooper imhi of Colonel Duncan
H. rMoper. Carmack met Colonel Coup
rr ;uid son. and soon ntior thov came
- jM tight of one another the shooting
began. Itobin Cooper firing two shot
Hud Senator Carmark one. Colonel
.Cooper drew his pistol, but dfid not
DEMURRER
IN RAILROAD
Demurrer to Complaint In
Case of J. F. Reddy, Re
ceiver, vs A. A. Davis et
al, thrashed Out
A demurrer to tho complaint in the
case of J. P. Reddy, receiver of the
Medford & Crater Lake Railroad vs.
A, A. Davis and 57 other stockholders
and creditors, brought for tho purpose
of securing nn accounting, nnd to force
holders of watered stock to pay for
the same, was argued Tuesday after
noon before Circuit .ludge H. K. Hunan
at Jacksonville. Judge W. I). Fen ton
of Portlnnd, Judge W. M. Colvig of
Medford and Attorney tleorge 11. Dur
ham of (I runts Pass represented A. A.
Davis, the chief def'iidant, and Attor
ney A. K. Kennies of Jacksonville the
plaintiff.
The defendants' attorneys held that
it was out of the receiver's province to
go into the stock transactions of the
company and that his duties consisted
only in realizing upon the assets and
paying the creditors from the proceeds,
and that the receiver hail no right to
offset claims against thee oncern by
counter claims for unpaid for stock held
by creditors. The receiver 's attorney
held that such an accounting was neces
sary for the distribution of t he com
pany 's assets.
The receiver has on hand in tho Gor
man American bank of Portland t he
S,'U0 received from the sale of the
Medford & Crater Lake railroad to the
Pacific & Eastern Itailroad company,
I he present owners. This money was
in the form of certificates of deposit
in the Oregon Trust & Savings bank of
Portland, nnd they were taken over by
tho Gorman-American bank of Portland
ilong with the assets and liabilities
if the former bank after its failure.
The court allowed the ilcrmnii American
bank two years in which to pay the
la i m.
The suit was brought to compel hold
rs of unpaid stock to pay for tho same
and to offset their claims as creditors
with the unpaid for stock, aud the court
was asked to segregate those entitled
to share in the proceeds from the sale
of the road from those holding wa
tered stock.
WIDOW STOPS COOKING
LONG ENOUGH TO WED
ST. LOC1S, Xov. 10. Mrs. Augusta
Hnffmeister, widow, was expecting that
William Sleffens would ask her to
marry him some day, but she was not
looking for it the other afternoon when
he called to see hor at her home, No.
1 152 North Fifteenth street. Sim was
conking, and wore an apron, but when
he came in nnd said: "Come on, Augus
ta, let's go nnd g-.'t married today,"
she wiped her hands on her apron nnd
answered :
"All right, I'll be ready in fifteen
minutes. ' '
They went by trolley to St. Charles,
and were married by a justice of tho
pence and back in St. Louis in time for
supper, which the bride cooked.
Mr. Steffens is n.t years old and lias
four children, all married. ID' has
been a widower three years. Mrs. Hoff
meister is ."tl years old, and has been
a widow two years. She has eight chil-
lren, all married.
George A. Kmery, agent for the Xew
York Central and Vanderbilt lines, spent
Monday and TuesdHV in Medford.
riie. Curmack fell, dying initautly.
Robin Cooper was shot in the right
shoulder, but was ..ol. neriouily wound
in. It is thought that the trouble w s
one of 1ho retuiltn of the recent gubrr
natoricl election in which Carmack
was defeated. Carmack, editor of the
TennonseeHn, criticized what ho culled
the democratic machine. He printed
several editorials about Colonel ( 'oop
er. It has been asserted that Colonel
Cooper notified Carmack that these edi
torials moid ci use. Another editorial
referring tu tin colonel appeared and
this is nupposod to be tho cause of the
tragedy. Young Coot is in a hospi
tal and Colonel Cooper is held ftt po
llen lieud.piarters. Ho has made no state
inent, Robin Cooper is an attorney,
li" vcbm of sg a'd single.
HILLCREST STANDS AS
TESTIMONIAL TO FOR
SIGHT OF J. H. STEWART
How the Dreamer's Dream Has Come True Only to
Immortalize the Dreamer As the "Father of the:
Fruit IndusUy in the Rogue River Valley 174
Acres of Fine Orchard Meets the Eye
Some t wo decades ago a man who i
was that ram combinat ion financier
and dreamer dreamed a dream, aud in
his dream ho said to himself: "I will
plant me an orchard of pears and ap
ples an orchard that shall yield me
thousands for my toil. It slinll prove
of such success (hat many will marvel
at it, aud will in turn plant fruit trees
for themselves." So out of the soil
of the Rogue Kiver valley he dug it;
from tho clasp of the scrub oak and
sage he tore it, ami as he saw in his
vision it lies today an orchard that
has brought him thousands. And the
ot tiers he dreamed of have come, and
have builded a citv with the wealth
that they liuvo taken from heavy laden
orchards, anil in that city, near the
green country, with its warm anus of
winter and its cool night breezes of the
summer time, tho dreamer, lion. J. H.
Stewart, is immortalized as "the father
of the fruit industry."
Now it so happened that tho father
had n son, in whose mind was instilled
the fact that to gain wealth one must
plant orchards. Ami, accordingly, t he j
son chose a place east of Hie little city
upon (he low rolling foothills, and ub-
tinning IfiO acres, set a portion of it
out in Comico pears, brought from the
distant shores of France, lie, like his
fnther, saw his orchard thrive, and nfter
nine vcars sold the place, for which
he had paid .m(H, for 'J1,."00. In such
manner did J. W. Stewart dispose ol
his placn to J. W. Perkins, who gave
the place the name ' II illercst. " Hut
in the meantime Mr. Stewart had added
a I0 acre tract to his original 100 acres.
And upon the 'Jon aero tract he had
'JO acres of Cornice pears and between
.10 and HO acres of other fruit, leaving
100 ne res bare. 1
Mr. Perkins in Charge.
It was four years ago that Mr Per
kins first became the owner of "Ilil!
crest." The orchard, which was al
ready famed in the little valley, was to
become known throughout the marts
ilikI highways of a great world, wher
ever men dealt in fruit. It was to
hold for two successive years the
world's rerun! for prices for pears and
was to attract many fruit men to the
liogne River valley.
Mr. Perkins planted VI acres of New
town apples and 40 acres more in pours.
Ho erected a splendid residence aud
spneious bums. And then in April of
the present year, when his young or
chard was three years old, and he had
sold pears for 7.lo a box in New York
city, he was induced to sell to Spittle
capitalists for 7lt.noo. Laud which was
first purchased for iftfrinii ami soiu lor
li1t.Vl0. was to treble nnd again sell
for .tTO.OOO!
The last, purchasers were Howard W.
Dudley, John A. Torney and W. J.
Martin of Seattle. Later they took in
with thein Worrell Wilson and It. II.
Parsons of Seattle, and a corporation
was formed known as the 'Mliilcrett
Orchards company."
The new owners immediately tiegati
on improvements. Money was spent
like water until today there is nu finer
orchard in all the valley. And its
owners say inai t m."""
low a figure to induce them to part
with Hillcrest.
Visit to Orchard a Pleasure.
A visit to tl rehard is a pleasure.
The approach is a gr:nliml climb up
I he low rolling foot h ills, making nn
iisi'ent an esv one, but enough to be
able, when the orchard is gained, to
g,-l a magnificent panorama of the
valley below. The approach to the
buildings is along a well kept road
hemmed in on either side by well, kept
fences. When the farm house is reach
ed the one impression gained is that
of cleanliness. Not only is the house
such it one that it could stand upon
anv city's street and not be an eyesore,
but the bams, yards, packing house,
bunk house and other buildings, one and
all, toll a tale of thrift. About the
house rose bushes grow in profusion,
and it is with reluctance that the home
is toft for the orchard.
In tho cities fruit is a freinht and
E
speculation. Slips of paper nnd broken
boxes oi fruit stand for carload after
carload of it. Transportation facilities'
do all that is done to it. Man only,
handles wooden boxes as they do mer
chandise and no man knows the fruit
for what it is the product of man's
labor on the soil'. Hut here it is to bn
found on its own stage. About one or
the sloping ground of the foothills
stands in perfect rows tho trees thnt -bore
it. Trees made moro beautiful
by tho tinge of odor autumn has given
to their foliage. Hero man plowed,
planted, pruned, cull ivnted, and har- -vested
tho fruit that, was to bring
prices breaking the world's rocords.
Here mnu has toiled nnd every apple.
overy pear, in tho nearby packing house
was a fragment of a season's work of
someone 's summer work the visible,
symbol of effort, wisely spent, tho ful
fillment of promise. -Young
Nowtowns Abound.
One, upon leaving the ranch house, 1 -
liters first into an orchard of young
Newtown apples .VI acres in alt. These
Xewtowns, three years old this season,
imagined that they wero equal to tho"
bearing of a crop. In tho spring time
they planted their roots deep down and
their buds were filled to bursting with
the mystery of plant life. Throughout
tho summer their blossoms mado their
little corner of the world beautiful
with color, the littfv apples wero set
and then man, in his superior wisdom,
ducked the apples when they were ,
first set, knowing that in doing so the
N'ewtowns would make greater progress.
But if man chented the trees in their
effort to be worth while, they made
up for it by giving the young trees tho
best of cnltivatinn. And tho young '
sters look hardy and well able to go
through the approaching winter .for
which, even now, they give evidence of
,,roi.;-nt ion.
Leaving the young Nowtowns,' one
drives into the original '20 acres of
( 'orn ice pea rs t he orchard that has
fathered nearly every orchard in the
valley. What talcs they have told of '
their native France land can only be
con iectured. Rut they" (piickly adjust
ed themselves to local conditions and
have given their owners returns beyond
the wildest dreams.
Wonderful Fig Trees.
Leaving these trees, one can wan
der through orchards all telling tho
same tn! Near the old homestead on
the upper portion of the farm aro three
old fig trees from which hundreds of
pounds ol figs have been takon and
still t hoi' branches are loaded with tho
fruit.
Tiro ililtcrest orchards contain 174
acres in all planted, leaving but 2tf
acres upon which to grow focd. Of tho
171 aer.'S there are 17 acres of Bart
lefts, Howolls and Hose in one tract.
20 acres of Comuo, seven and one-half
acres of Hose, three ncres of young
Itnrtletts, seven and one-half acres of
Jonathans, Ct acres of Nowtowns ana
SpttzenlmrgH. "t ncres of young New
towns, in nens of d'Anjous, and 13
UITI'S 'l VOli M Hi eiierril-H, pi-Mt-uvn m.M
Hartletts.
The one reason that the Hillcrest or
chards are such a success is the' at
tention to details. r or insianc,
throughout the orchard are scattered
hives of hees. not for the honey, but
that they might dissminato pollon. And
as for care ol tho trees each has a
history and each is known, even as a
targe family.
Gravity Water supply.
A spring on the hillside nbovo the
orchard is the source or a gniMi
ter supply, and, as a result, a truck
garden is maintained, furnishing to tho
men fresh vegetable of the season.
;et urning from the orchard, n visit
to tho buildings is worth white.' The
bunk house is as substantially builded
as an apartment house in a city. Tho
men have each a private room, and aro
furnished with baths, a rending room,
and the long summer evenings may be
spent on the wide verandas surrounding
the building. The cook has to her
self her portion of the house entirely
(Continued on page 4.)