Boost the Development of the Rogue River Country by Subscribing Liberally to the; new Medford Pamphlet
I UNrrED PPFSS
The Weather
.Hair weather ia promised for tonight
and Friday. Easterly winds.
DISPATCHES
By far the largeit uid belt nam report
or any paper In 8ontliern Oregon.
THIRD YEAR.
MEDFORD, OBEQON, THURSDAY, DECEMBER 3, .1008.
No. 220;
parity
AREWILLING HOT FIGHT (CONGRESS
rams ra is on in has much
FOR LICENSE ASHLAND WGRKTO DO
Will Mean Annual License
of $8000 or an increase
of $3000 Over Present
License Fees
Liquor dealers havo announced their
willingness to pay an $800 annual li
cense for saloons, ami tho petitions be
ing circulated culling fur a wot and
dry election in Medford in January have
been changed to read accordingly. Thin
will mean an annual license of $8000,
an increase of $3000 over the present
license fee.
Intercut in the city election will prob
ably be centered in the proposed amend
ment to tlio charter en the prohibition
question.
J. C, Hall, who has been circulating
the petitions to have the question voted
upon, Htutes:
Court Hall's Views.
"I and the others engaged in the
tinloon business wish to hnvo the ques
tion voted upon without any other
questions or candidates tacked onto it.
"We nro willing to pay a license of
$S0O a year, which will with present
number of saloons give the city $8000
a year. This it seems ought to be con
sidered. When the present water sys
tem is completed tho combined city and
school district debt will be $000,000,
with nnnual interost charge of over $30,
000 a ye:ir. To meet this and the other
expenses of tho city and Bchool district
will make the rate of taxation higher
than it has over been. The revenues
from the saloon licenses will be needed.
But in addition, the Iobs or decline in
rents would be 'Considerable. Closing
the saloons would vacate several busi
ness houses, nud, judging by the results
in other places, rents would decline at
a time when the property owner is
being taxed heavily for street paving.
Want Matter Settled.
"What the saloon men want and nil
they nsk is that they shall be loft free
fmm agitation for 12 months before
the question can be voted on again. This
1b the policy of the local option law.
We don't think it right to be left in
a constant state of suspense.
"Our policy is to let the people vote
annually on the question. This will
relieve the council from any responsi
bility and prevent any claRh between
city officials on this question.
"The question is not one of prohibi
tion, for if the saloons closed in Med-,
. frd, Jacksonville will still license its
, saloons, as will Gold Hill.
"Most of the men engnged in the
business in Med ford have everything
they own here, and if they pay $8000
a year they ought to be left free from
agitation for at least 12 months. Thnt
is all we nsk and we propose to make
a fair fight for it. The saloons are
conducted in an orderly manner and by
responsible men, Close them out and
. you will see snloons started under coun
ty license or gallon houses adjoining
the city nnd outside its limits. The
city would lose the revenue, but have
. tho saloons, not in the city, but just
outside. Tho county court could not
under the Inw refuse a license to one
presenting a petition, filing a bond nnd
paying the license fee nnd desiring to
start a saloon in North Medford pre
cinct, outside the city. If the people
want that system, they can have the
opportunity now to express their
views. "
BANK REFORMER IS
HELD AS EMBEZZLER
OKLAHOMA CITY", Ok la., Dec. 3.
State S nntnr Reuben M. Roddle wants
n chance to rxolain. lie is the anthor of
the Oklahoma hank deposit law. co-n
monly known as the hnnk guaranty law,
which was conspicuous in the recent
oicsidentiHl nitnn:i;n: n the model of
the bank guaranty plank in the demo
cent ie national platform, ne is now
out on bail under a charge, of cmher.h'-
The allege! embezzlement, for which
!ia vis arrested at the instance of W.
TT. Merchant, ammin's to less than
$97.50 is the exact sum.
Merr hant charges Roddle with the em
bezzlement of funds which should have
been turned over to tlir American L'fo
Insurance rotn;irv. for wh-ch Rijddlr
was workip at the time. The papers
were served in Oklahoma City and the
senator gave a $7"n bond. Roddle said
he had written a little insurance for
Merchant a year ago, taking notes fr
some of it and indorsing them to Mer
chant. Two of these notes have not
been paid.
"Tf that is embezzlement, I am guil
ty' added Roddle grimly, "and I am
ready for trial."
City Election on Dec. 15-
Church Ticket Running
Against the "Bunch" -To
Issue a Daily Paper
(Special Correspondence.)
About the only excitement in Ashland
aside from a number of new business
blocks going up iu Enst Main street is
the coming city election to be pulled
off on the 15th of this month, and as
thero are now two full tickets in the
field with a prospect of a third ticket,
we look for a hot time in the old town
on that date.
The first ticket to get in the it old
is known on the street as the Presby
terian ticket, from the fact that it is
approved by Rev. W. W. MelTcnry and
made up by mombers of his church.
Mr. McIIenry is not only a fluent
preacher, but has the reputation of be
ing one of tho best politicians in south
ern Oregon nnd is also something of
a diplomat. This ticket is headed by
O. W. Hoot for mayor, with Robert P.
Neil as councilman in the First w.ird,
Senator L. L. Mulit in the Second tvard
and Enrney Carter in the Third ward.
The Second Ticket.
Tho second ticket Is known on the
street as the Kickers ticket and is
headed by Sam Sncll for mayor, with
Will Loomis as councilman in tho Kirst
ward, William Myer in tho second
nnd P. W. Moore in tho Third. This
tickot has the misfortune of not one
of the bunch belonging to any church
and, as Ashland is a very strong church
town, with 13 fino church buildings
and is also known abroad as the Holy
City, is would appear that tho last
named ticket is holding the short end
of the string. It is, however, reported i
that tho kickers' ticket is favored by
the Episcopal, Catholic and Christian
Science churches, but inasmuch as these
churches never mix up in either relig
ion or politics, the ticket need look for
but little assistance from that quarter.
So far our present very competent re
corder has no opposition, though there
is talk of trotting out William M.
Scheible for the office of recorder. But
as Mr. Scheible is a very religious man,
and very much devoted to his church
and Sunday school work, it is not
thought he would like to mix up in n
hot political fight, besides it is gen
erally conceded that Captain Eggleston
would give him n raco for his whiskers.
Where the Papers Stand.
It is believed that Kred Wagner will
favor the church ticket s he is the only
right religions editor in the county,
while it is understood thnt Mr. Kaiser
of the Vnllev Record will do nil in his
power for the kickers' ticket and it is
said will get out a daily the last weok
of tho campaign in the interest of that
ticket, nnd we hope he will get mo
mentum enough on to keep going nnd
give us a daily paper right along. That
is the only thing Ashland is short on.
If we had a live diily paper like the
Medford Tribune, Ashland would boom,
grow and prosper. E. K. Phipps, the
great democratic chieftain of Ashland,
is studying all the candidates on both
tickets nnd when ho is satisfied what
they all stand Tor will, like tho great
Commoner, come out on the side of the
people, nnd we expect to see the fur
fly alone; his trail, whichever side he
takes. The men on both tickets, how
ever, are all first-class representative
citizens and nil men of means and in
fluence. Ashland will also vote on the wet and
dry question again.
FATHER YOUNQ CONTINUES
TO STAY IN LIMELIGHT
SAN FRANCISCO. Cal.. Dec. 3. A
'-haotie cord t ion of af fairs of the fi
nances of the Chur -n .of St. Marv the
Virgin, of which rather Pay son Young
was rector, has resulted todav in a de
termination m the -tart of the parish
ioner!! to ask an accounting nf the funds
hold bv Father Young.
The discovery followed the withdraw
al of Father Young from the church
after h:s name was connected with the
disan a ranee nf Edna Clark the Ala
meda art student. The rector resigned
the pastorate nnd was succeeded by the
Rev. Father Tlodd nf Wisconsin. Fath
r Dndd. however, refused to tn'ie etv-r
the funds from Father Young until the
natter wore investigated.
The ladies entrust -d money to Father
Young as treasurer of the Ladies' Guild.
He was supposed to pay the light, wa
ter, telephone and other bills of the
ehrneh.
Lately the church was presented wiih
a $7 telephone bill, a statement; of $21
for water and six other bills, which, it
is alleged, have not been paid.
Many Matters to Engage
Attention of Lawmakers
-Will Probably Be Talk
Instead of Action "
WASHINGTON, Dec. 3. Plenty of
talk and few laws this in a nuttihctl is
to be the result of tho tlOth session.
Thu appropriation tills jirobahly will
bo most important. Economy will be
the watchword, and 't is said that the
appropriations for the next year 'a ex
pense will not ruu over one billion dol
lars. ' ' ; -' '
Outsido the regular budget, the river
and harbor bill will be tho biggest ex
penditure. ,
The American l-Ydi ration of Labor
will make a fight to separate labor
unions from the provisions of tho Sher
man laws and (ho modification of the
injunction laws, - 1
Tho teniperanco peoplo nro urging n
measure authorizing dry states to pro
hibit the shipping of liquor into their
territory
No Tariff Bill This Session.
No tariff bill will be presented nt
this session, but the inquiry has stirred
up great tariff excitement among the
senators and representatives, which will
probaldv result in much oratory.
The naval appropriations bill is like
ly to bvmg out a warm' coll test; over
expansion. .
l'otal savings banks And "rural par
eel delivery probably will h.liscusrted
at. lopgth.
T'ie child labor law may come up be
liio the holidays,
TJ-e criminal laws in revised form are
iv.idy for early revision.
The senate in its calendar of unfiu
isheri l upines has a bill' suspending the
operation of tho commodity clause of
the railroad rate bill; which recently
was declared unconstitutional by thj
railed Elates circuit court at Philadel
phia !i!:d now is before tho supreme
e.i.urt. '' H ' '
The senate by special order on De
cember 15 will resume consideration of
the bill to fix the status ot tho negro
soldiers discharged for nleged partici
pation in the Brownsville nffair.
The annual message of the president
will be sent to congress Thursday after
noon.
FISH GO INTO TULE LAKE
OUTLET WITH WATER
KLAMATH FALLS, Dec. 3. One. of
the government .workmen on tho Tule
lake outlet reports a very peculiar in
cident relative to the disappearance jif
the water in 'the ground. The big hole
dug by the men which is 100 feet long
and 200 deep was filled with water and
then the channel conveying the water
was stopped up. After the ditch w:i
banked up a large number of fish were
noticed in the opening. The water
quickly sank into the ground and an
examination was made, but no signs of
-the fish wore found.
It has been supposed that thfl for,
matioit of the ground was n sort of
porous mature and-was capable nf ab
sorbing only a certain amount of wa
ter. There are several small holes in
the rocks :'inl earth and from the dis
appearance of tho fish, it is believed
that these lead to larger openings in
the ground, and the old theory nf an
underground opening has been again
revived.
Another indication that would lead
to this belief is the fact that wbiW
the first opening made is only ten feet
distant from the one made by the gov
ernment, when the water was turned
ir: none of it eepd through- the
original opening, bui nil disappeared
through the bottom of tho hole. It if
probable that a tunnel will be made in
the bottom of the oponint; to discover
if there is not some underneath caverns
in which the water disappoint.
POSTOFFICF. AND STORE
ROBBED; DYNAMITE USED
FRESNO, Cat., Doe. 3. Although the
residents of Kingsbury near 'here heard
dynamite -x plosions- 4arlv this morn
ing, the robberv of the pti.f fi.-e d
tho store of the Davis i ;;i.- 'Vf
hit d; (!. r r-1 nut '1 th" pli'iiS v.re
opened for business today.
Thieves broke in'o the poutoffiee
shortly after midnight, blew o-H-n the
safe and stole s7-" worth nf stump
and $300 in cash. They then entered
the adjoining "tor. of Davis & Com
pany, dynamited tho safe nnd took $10h
in cash. in checks and a watch val
ued at 12-.
The robber loft no cine t tlwir identity.
WILL STOP
BUNCO A
.Commercial Club to En
deavor to Secure Fraud
Order ;to Prevent Issu
ance of Fake Pharnplet
To secure a fraud order against tho
-Oregon Realty If nit compauy, n Eugene
concern, with offices nt 100 East
Fourth street, St. Paul, Minn., on the
ground of securing business upon fraud
ulent representations, is the object of
a resolution- passed by .tho Medford
Commercial club Wednesday evening
instructing tho secretary to lay the
of the east before the postoffice depart
ment. Tho misrepresentation consists
in tho uho of facts and figures, scenes
and data from Medford and the Roguo
River valley published as being from
the Willametto valley in a pamphlet
labeled "Whero Dollars Grow - on
Troos," which is being sent through
the malls to securo stock subscript tons
to a co-operative orchard schomo near
Eugene.
Tho facts and figures given as the
records of the Willamotto valley were
gathered and compiled from Rogue Riv
er orchards.
Rocords made by Helms' Ashlnnd or
chard, Hunt Lewis' Medford orchard,
tho Hopkins .Central Point orchard, the
Tlillerost, Morse, Ton Velio, Phoenix,
Tahnt and other orchards wero credit
ed to tho Willametto valley.
The secretary of the club was also
instructed to wrlto to all papers carry
ing ads of this -uompany that misrep
resented facts, protesting nnd giving
facts in the ease, to protest to the En
gene Commercial club and to write the
facts to the Portland papers.
. ,1. A. Perry acted as chairman in the
nbsenco of the president, Tho first
thing the club diL. was to discharge
Hiimmarily fire the flnnncc committee
for inattention to duty and neglect of
club business. . '
Severn I bills for tho months of Oc
lober and November wero rend. Before
being approved a discussion ensued as
to a bettor way of handling tho expen
ditures of the club, A new committee
was appointed with duties of recom
mending expenditures before debts nre
contracted, and passing on all bills
before same are presented to the club
for payment. Such bills as aro found
to bo useless expenditures nro to be
so -reported to the club. The commit
tee to be known as auditing committee.
Miller, Osenbruggo, Mollis, Nyo were
appointed.
The mimes of J, H. Cnrlin, ,T. W. Dun
lap, 11. S. Dudley, B. F. Benson and
li. .1. 1 odj;e were presented for mem
bership. On motion the rules wore sus
pended nnd the above gentlemen accept
ed to membership in the club by acclam
ation. Mr. Guovor, representing the Peck
.fudah company, presented to the club
a proposition for distributing literature
in the cities of the northwest nnd Cali
fornia, and for space for exhibit in the
Heattlo office. On motion tho matter
was referred to the auditing commit
tee, ' who wero asked to roport at the
next meeting.
Tl was moved thnt the regular elec
tion which should havo been on the
first Wednesday of November be post
pone,! until the first regular meeting iu
January.
A committee, consisting ef Roddy.
Rodders ii'id Miller, was appointed to
meet with the park committee of the
Creatir Mi-dfnrd club and advise and
assist the ladies in getting the acre of
ground belonging to the Southern Fa
eifie coiupnny for park purposes.
DEFICIT MAY COMPEL
RENEWAL OF WAR TAX
" WASHINGTON, Dee. 'A. A renewal
of special taxation is considered essen
tial by republican leaders in congress
to meet deficits and constantly growim;
i-xpendit tires, a fd nr. internal revenue
.Intv ttiav a train be imposed on many
it' rot all articles so taxed d it run; '
,K't:iiiidi American war.
A defiril that todav aggregates
dOMKiO, and by June 'M) next will total
jitliiti.oi ni.oito, has brought Represent a
1 ' ' e Ta wiiey, chairman of the house
a -'Timor! at ions committee, nnd others
eh.ir"d with formulating the great
nioio iiMi'iiri. hre in advance of
tl .. ft-, el liiiiitf of congress to consider
the situation.
M'sms. Cannon. Tawne-y ami Payne
have conferred oti the subject. Mr.
Tawnev has talked the matter over
with President Roosevelt and Secretary
Oortelywii. lie has requested Mr. Cor
t lyou to prepare some data indicating
the revenues derived from article's sub
jected to the war revenue tax and to
indicate others thai may eventually be
placed on tho list.
RIOTERSARE
SHUTDOWN
Trouble in Hayti Conies to
Head-General Siman and
His Army Are Approach
ing Port Au Prince
PORT All PRINCE, Hnytl, Dee, 3.
The royal troops who have been keeping
order in tho city today wore forced to
fire upon rioters who wore looting n
big warehouse, nnd it is said thnt 12
wero killed and a score won tided. The
stores and residences of all tho known
friends of tire deposed President Alexis
are tho objects of attack and the city
is practically under mnrtial law, with
General Poiderven iu of feet the mili
tary governor of the city.
Enraged at the escape of Aloxis, mobs
formed in tho outlying sections nnd
then marched through tho business sec
tion. They siniudied the doors of ware
houses and goods were dragged into the
streots. Whou the soldiers arrived the
members of tho mob wero fighting
among themsolvos over tho spoils.
Soldiers Did Not Walt.
It is said that tha sodliers did not
wait to order tho mobs to disperse, but
fired down tho streets as soon as they
reachod that section of the city. An
attack was made later on tho seminary,
.vhero a number of officials had taken
refuge, but troops wero rushed to the
feeuo and disporsed the mob before
uueh damage was done.
Underneath the sooming quiet prevail
ing throughout the city today, thero is
a general fear of impending develop
aieiils, and the real danger seems to
lie in the new nnti-Amiriean feeding.
Henry W. Furuiss, the United States
minister and dean of tho diplomatic
ciirps, is considered by tho peoplo here
to be partly responsible feir tho present
state of affairs. Fnrntss eounsolod for
mer President Aloxis to romnin when
Franco asked him to abdicate on Tues
day so that the new government could
bo formed. Fifty marines from the
cruiser Dos Moines aro on duly at the
American consulate and tho others on
the ship are constantly ready for ac
tion. Army Nearing City.
General Simon, with his victorious
army, is within 2f miles of the city and.
is expected to arrive tomorrow. Cour-'
iers havo been sent by President Le
gitime in order to ascertain his attitude
toward the new government, but no re
ply has been received. It is probable
that General Simon's purpose will not
bo known until lie reaches tho city. If
ha chooses to take the government in
his own hands, ho probably could do so.
His army is powerful enough to control
tho situation and ho could enforce his
rule.
President Legitime is receiving sup
port from the French interests because
he formerly was friendly toward France.
Tho deposed president, Neird Alexis,
remained aboard tho French cruisejr Du
gay Thouiu, where ho took refuge yes
terday. Her will bo taken on tho cruis
er to. Jamaica, whero he .probably will
take up his residence.
WASHINGTON, Dec. It. The stato
department of this city niiiiounced that
the changes in llavti am considered en
tirely internal matters with which the
United State's has no right or desire to
iliterfi-re.
The oalv action to be taken by the
Unite-d State's is protection for the lives
and property of American citizens.
EVLLY PAPKE HAS CHANGED
MANAGERS; TAKES BEROER
SAN FRANCISCO. Cal.. Dec. 3. Bil
ly Papke, the Illinois middleweight, who
I was defeated by Stanley heteliell on
j Thanksgiving day, has change d man-
ayors.'eastiii:; off Tom Jones and tak-
ing Sam Heritor. Although Papke in
i sists thnt he has emly tho kindliest feel-
! ings toward Jones and that his action
in terminating Jones' management of
his affairs has bee n done only for busi
ness reasons, friends of the young fight
: er say that he was disgunted with the
treatment In receiwd at the hands of
' his manager nfter the Thanksgiving day
battle. He expected $12,000 ns his share
' of that fighi. and it is said lie was thun
derstruck v hen he as handed only
$M00.
j Jones has been netting a share of 15
per rent of all Paplie's earnings, and
he has been piecing out his income in
whisky drinking. Ho is now In Los
Angeles, whither Papke and Bcrger last
j night on the Owl. Papke is scheduled
I to fight Hugo Kelly in the south.
BIGGY MAY IPflRMflf
HAVE ONLY WATER CASE
RUN AWAY IS DECIDED
Former Frisco
Detective
Says He Saw Him Near
Reno-Drew Large Sum
Before Crossing Bay
RAN FRANCISCO, Cal., Dec. 3.
Whether former Chief of Police William
l'KK'p wh disappeared from a
launch in the buy on last Monday night,
is dead or not is tho quotation upper
most in the minds of tho detectives who
havo been working on the case today.
It has now been pointed out that Higgy
might have made up his mi ml, not to
commit suicide, but to run nway and
cover up his identity iu order to escape
from a difficult position.
Word was received from Reno, Nov.,
this morning to the effect that lgK.V
had been seen in a train near that city
on last Tuesday nnd several men wore
sent out to trv and run tho clue to earth.
The authorities of many difforoiit cities
havo been notified to keep a lookout
for any one of the former chief 'b lip
pearnuco.
It has developed that ttiggy drew a
large sum of money a short time before
he mado his last trip and he may have
had it planned to get away.
Engineer Murphy of tho launch is
firm in his statements that Rdggy could
not have gotten away unless he dropped
off iu the neighborhood of some small
waiting boat, which did not show its
lights.
RENO, New, Dee. J, That lit saw fi
man closely resembling the missing chief
of police of San Francisco, William .I.
Hi inn', sitting in the smoking car ot
a train at Sparks on Tuesday night is
tho remarkable statemont made today
by .loh S, Russell, who says that he
was formerly a private deteetivo in
San Francisco, Tho authorities at Reno,
Winnemiiccn nnd Llko have been noti
tified and the train has been searched,
but nobody nnswering Riggy's descrip
tion has been found.
WIDOW AND STEPCHILDREN
FIGHT FOR A FORTUNE
CIITCAGO, Dee. 3. Relieving the
provisions of her husband's will, filed
for probate yesterday, unjustly deprive
her of her share iu an estate vol 1 lit
$1,210.000, Mrs. Suanna Kiln Dean,
widow of the millionaire capitalist John
E. Dean, who died November 10, will
contest tho validity nf a marriage agree
ment through which she reecivese, only
tJtan.OOO and the income from $50,000,
Mrs. Ieaa has been forced to leave
the family apartments nt Ihe Metropole
hotel. rhe marriage agreement en
tered into bv Mr. Denn and his wife
when they were married in March, 1000,
is said to be "one nt the longest and
most peculiar documents ever drawn
up between husband and wife," and
attorneys for Mrs. Denn declare it is
of such character that It cannot stand
the test for validity.
With the marriage agreement brtikeii
Mrs. Dean will rne.oivo approximately
fi00,000 from the estate of her husband
While Mrs. Dean is preparing to eon
test tho validity of the marriage agree
in.-nt Mr. Dean 's children, son and
daughters of his first wife, announce
thev wilt take all necessary legal steps
to preserve their father's Inst testa
meat in the form in which It was filed
for probate. Ity its provisions they re
ceive practically the bulk of the es
Cite.
MARRIED FOREION PRINCE:
SINGS TO SUPPORT HERSELF
PARIS, Dec. 3. The Princess Dc
llrogtio, formerly Mrs. H. It. Veit of
( i. nml hefnrn thnt the beautiful
and talented Kstelle Alexander of San
Francisco, who is suing Prince Rupert
.1.. Itroitlin for oSvOn-e on the irronnd
of desertion, mw is supporting horse'
and child b singing in the leading cafes.
The predicament of the princess points
.fresh a moral to the long aim pn-iur
nsque history of international mar
riages between titled Europeans and
A morienn hoinoHOH. Mr. Vsit w n
lii'iuity to wliom Hnoii'ty m tn'tli wiih'H
nf i wuti'r pftiil liimittKi', l"tt wlx- wont
In r wnv iliiliffiTI'lltlV 1111(1 vil'Ml'il "illy
tho fiTvmt rniirtinii "f tli" yining
liriiire, thi-n nnly 21 yonr or nip" nml
till a iiliiili'iit nt Die nnvnl pailomy.
Tlio fnmllii-ii objnrtwl, nml finally the1
insir flopo'l nml wcrp mnrrwil at Milan.
The prinrc'fi father van oln1nrat h'm
nllnwiinrit wnn cut "ff nml for a Iihik
time he ami hi wife enililrrd linnliiliips
anil the direst poverty, the prince !o
inu itnnble to inil employment of any
kind for h'm royal hnndn. At lniit the
utraln proved too much and wife and
I liu.lmnd separated.
Supreme
Court Decides
The Wagner and Other
Ditches Have Prior
Right Over Farmers -
The state supremo court has handed
town its decision in tho easo of Alleu
Davis ot al. vs. 11. M. Chamberlain et
al, known us thu Talent water case, on
appeal from decision In -tho circuit court
by Judge H. K. Hunna. Tho docreo
modifies, the decision of tlio lower court
and gives prior rights to tho Wagner
and Thornton .ditch, the Kockofellow
ilt toll and tho Hoeson nnd Robinson
ditches, all five of which nro owned by
tho respondents, nnd aU of which, hnvo
nrior ritrhla nt'nr tlman tf Mm n imnllo- "I -
the decision ia Important in that it
ilecides that owners of wnter rights
must use tho water to hold them and
thur holdors of raparian rights lose
the m unle'ss water is mado nso of.
Datos Back to 1853. ... .
la 1Ko3 a number of old donation bind
laiins were settled upon near tho mouth
of Wagner crook and tho waters of that
st ream appropriated for irrigation pur
poses by them. Along about this time
Granville Naylor took a donation land
hum at tho head of the stream, nnd
mado nso of the wator until somo 20
years after the rights of the lower own
ers hod been acquired.
In tho year 1003 tho presont owner
of tho Granville Naylor donation land
mi in osserreu a riparian ownership to
Ihe waters of the stream and began to
hvert the water to tho alleged injury
of tho lower owners. A complaint was
filed by Fred Rapp and some SfS others
against Joseph Kirby nnd some 25 oth
ers to restrain the use of tho water by
tho upper riparian owners.
The trial was had in the circuit court
for Jackson county, Oregon, lasting al
most an entire week, during which time
nearly 1000 pages of testimony wore
taken. The trial resulted in a victory
for tho plaintiffs in tho lower court
nnd an injunction was issued requiring
the upper land owners to allow at least
500 miners' Inches of water; to go to
the lower ditches. Tho case was ap
pealed to the supreme court and Justice
Enkln in the opinion nf the court ren
dered Tuesday held that thu Wagner and
Thornton ditch belonging to Rapp, tho
Roekefellow ditch belonging to Rapp,
and the Dousou & Robinson ditch belong
ing to Wellborn Ueesou and others lire
entitled to priority and that tho Dnveui
port ditch and the Farmers' ditch be-
tivoly have lost the right to tho first
waters of the Btream by reason of di
verse use upon tho parts of tho dofcuel
ants. Decree of Much Importance. i
Tho decree Is of unusual importance
to irrigationists and farmers of Ibis
valley, as it sedths the quontion of tl
vorse use mid riparian ownership..
The decision is summarized by Juki ice
Ealsin in the concluding paragraph as
follows:
"Wo concludo that tho Wagner &
Thornton ditch to the extent of 4fi
inches of water, and tlio Hoeson & Rob
inson ditch to the extent of 8fl inches,
nro prior in time to the settlement of
any of tho claims above the bene! th -re-,
ef; and that liockefelh.w ditch, to the
extent of 120 inches, is at least concur
rent with, if not also prior to such set
tlement, nnd. therefore, superior in
liuht to the claim of any of the defend
ants; and defendants should bo enjoin
ed from such interference with the flow
of the water of Wagner creek and its
tributaries as will prevent the flow to
the head of the Wagner & Thornton
.III. -li of to inches, fo the head of tho
Reeson & Robinson ditch, K5 inches; to
tho head of the Roekefellow ditch. 20 '
inches; all in miners inches unde-r n
SIX men pressure w in-ii imu-ii .1 1 . .
are needed and used by the owners
thereof.
The decree of the lower court is mod
ified accordingly, and tho defendants
shal Irecover their costs in this court.
A. K. Kennies and C L. Ken men were
attorneys for the respondent and W,
W. Calkins for the appellants.
BALTIMORE, Md., Dec. 3. In an
address delivered at. St. Hene'dii-t's
school today Cardinal Gibbons said:
"The church teaches that the civil
authorities must be respected no mat
ter what the nationality or religion of
the incumbent in office. I received a
letter today from a man asking mo
whether he ought to respect Mr. Taft,
tho president-elect, because he was in
formed that Mr. Taft was not a be
liever in our Lord. I' was anm.ed, and
can scarcely biiow that the man was
tt true Cut hollo.