Boost the Development of the Rogue River Country by Subscribing Liberally to the new Medford Pamphlet
Znbum.
UNITED PRESS
DISPATCHES
By far the largest and beat news report
of miy paper in southern Oregon.
The Weather
The won Hi or man says:
Indications point to cloudy weather
lor tonight ami Tuesday. Warmer.
L'nstorly winds. J
THIRD YEAR.
MKDFOUI), OlilXIOX. MONDAY. MARCH 1, 1!H)9.
No. 294.
SUITSTARTED MINERS UP IN ARMS OVER
POSTAL RECEIPTS IN YEAR
INCREASED 32 PER CENT TO RECOVER
DECISION IN CONTESTS
IfCl
mm
MISSION
0 WORK FDR
BEllEHOiS
Not Alone Will Railroad
Matter be Considered
But All the Highways
Throughout State
From tho letter sen! out by Governor
(i ergo Chamberlain appointing (lie
members of the commission on high
ways il is evident that the commission
will constitute n boanl to curry on
actual work for the good roads uiove
incut in Oregon, At the recent session
of the legislature every measure pro
viding for good roads throughout the
state was defeated. The new commis
sion therefore will carry on an active
campaign before the next session of
the legislature.
The commission's chief work is to
sei-nre all data relat ing to highways
throughout the state and recommend
Hiich action ns will result in better
transfoitat inn facilities. The letter
stating the governor's views is as fol
lows: Governor's Instructions.
Salem, fir.. Feb. 27, 1900. George
Putnam. Ksip, Medford, Oregon Dear
Sir: I aai instructed by the governor
to enclose you herewith a commission
appoint ing you a commissioner on high
wavs. The commission consists of the
following named gentlemen, whose ad
dresses are herewith given:
Julian Byrd, Burns; ('. F. Swigerl.
Portland; Drake ('. O'Reilly. Portland;
George Putnam, Medford; fi. W. Bald
win. Klamath Falls; A If. Pcvors, Port
In ; William Grime'i. Mnrshlield.
The purpose the governor has in view
in appoint ing this commission is to
have them meet and arrange plans for
securing all possible data with reference
to highwavK - railroad and other in the
state and as incident thereto the trans
portation question as affected thereby,
and to prepare and submit a report to
the irovenior for submission bv him to
the legislature to convene in 1 Hi I. It
is impossible tn estimate the value of
the work that this commission may be
able to do.
The report of the conservation com
mission appointed by the governor un
der the same circumstances without au
thority of law. has attracted national
attention and won commendation from
the highest officials of every depart
ment of the government.
The governor desires me to suggest
to von that yon nrrange for a meeting
and of vour own met inn fill any vacua
cies that mav occur in the commission.
organize for work and take such steps
generally as you mav deem ndvinld
in the premises,
Yours verv respectfully,
('. B. SUKT.TOX,
Secretary to the Governor.
TODAY LOW RATES
GO INTO EFFECT
Chance for Every Person to Aid in De
veloping State by Urging Eastoni
Friends to Come.
Today is an extremely important
"in the growth and advancement of
sir.te ..f OrcgMii. It i the opening
the
dav
of the lowest priced one -way tickets to
the state sold for y.ars. and calculated
on the basis of rate per mile, Oregon
hr.s the advantage of every other slate
in the T'nion. Tickets for Oregon points
will be en sale today and continue until
April :io at every ticket office in the
I'mted States and Canada, and if the
buy r of the ticket ir. posted in advance
) can g' t a rid from Winnipeg. an.,
to the farthest rail point in Oregon for
t'J.'i. Tins same fare applies from St.
Paul. Hti aha and Kansas ( 'ity. while
from St. l.-'iiis it is .'li'.."d. Chicago
N'ew York city $"to. and propnrt ornate
rates from every other place.
To spread t lie knowledge of these
rates the people of Portland are doing
evertlui.g in their power, and leaflets
are going out in almost every letter
flirt Ieav the city, advising that peo
ple can buy their tickets to any Ore
gon point jiit as cheaply as to Portland.
Kvery city, town and village in the
mate sle. i. Id get busy in its own be
half to tell eastern people of this fact.
There is every indication now that the
tr:Ml will be very heavy. It should be
waornious.
CITY'S GROWTH IS
REFLECTED IN FAST
INCREASING BUSINESS
February and January Show Great
Gains Over Last Year Not a Box to
Be Had in Hertford's Postoffice
Building.
Paring the year ended February 2$,
IfOil, the postal receipts of the Med
ford postoffice increased over the pre
ceding year over .'12 per cent.
January, 10011, shows an increase of
$2u".28f or 21 per cent, over January,
February, 190P, shows an increase of
-127.24, or 20 per cent, over February,
i mm.
During the year ended February 2.
1 the total post ul receipts amount
ed lo .fil.'i.loO.K). The receipts during
the
preceding year totaled l,H-.-
.in increase of WiHi.iS,
la January, limit, the receipts were
I.H'4.I! and in January, 100S, they
amounted to $ !-!!. 21, nn increase ol
t:'i;.VN.
In February, 100i, the receipts
amounted to $12."S.))01 nn increase of
$2s7.24. when compared with February,
1!)0S, when the receipts were $ti71.7.f).
In no way is the growth of the city
reflected in a more striking manner
than by these figures.
As a further tiidicatir.il of the growth
of the city, it is almost impossible to
secure a lock box at the postoffice. al
though a year ago one could easily have
been secured. A carrier service will
do away with this congestion.
EVANS TO TOUR THE
NORTHWEST LECTURING
Announcement crimes that Hear Ad
miral b'obley 1. Vvans is to lecture in
Portland other Pacific northwest cities
lat: in March. "The Fleet From Hamp
ton Roads to San Francisco" will be
In ; subject.
WIDOW AND CHILDREN
PERISH IN THE FLAMES
BAKKRSFIKLP, 'n1., Feb. 27. Mrs.
1. W. Bookman, a widow with four
voting children, burned to death early
today in a fire destroying her home,
seven miles from here. The mother
and children were asleep when the fire
started. They were living alone on the
farm since the husband and father
died. The origin of the fire is un
known. The bodies have not been re
covered. MAN REGISTERS GIVING
' HIS AGE AT
1000
TACOMA. Wash.. March 1. Accord
ing to the registration books here. Tn
coma has a citizen, S. ('. Hitchcock, a
workman, who is a thousiind years old.
The register doubted it. but Hitchcock
insisted, so his age is recorded. He
looks about HO. He believes in the doc
trine of reincarnation.
Old Soldier Dies.
Phillip R. Robinson died at the South
era Pacific hospital in Grants Pass Feb
ruary 27. I'm't, aged SI years. 3 days.
He was a highly respeeted citizen in
the community, where he ha;; lived the
pad 22 years. He was an old soldier,
having served in the Mexican and In
dian wars. Mr. Robinson was the
ond son of the late Judge George W.
Robinson of St. Francis county. Mis
souri. He leaves to mourn his death
a family of grownup children, his wife
having passed to the great beyond 1-1
ears ago
( Ai-hland Tidings and Gold Hill New
please copy.)
LUCKY BALDWIN HAS
RUN HIS LAST RACE
I.Ofi AXOEI.KS. 'nl.. Mach
1. K. .1. (I.ui-ky) lialclwin cUihI
boo nt 7 o'oliick tlii mnnine.
Tin- Iat fivr ilav ho has been
lif-j.t alive hy oxygi-n. Ho was
trirkcn with pnnumonia i
wi't-kn ai:ii. Xolioily known what
hit ctati' is worth, but it is
nonnoin. Mining mft.lf him a
mirlti millionnir". II" oontrol
... srvral minis, thr "Opliir"
alono tnakine him o.n.in.fmn.
S.,mi. years at-o lie inr.-hae.l
Ift.nun aires for .er aere
anil later ..M it tn the I.os An
gelus RariliR ns..riation for
Inno an aere. The Panta Anita
track was loeatiil tlnre. Rival
plotted to down him when he
was a stork speculator, but he
alwavs wono, jrivinR him his
name " I.tteky. "
1 5 STAMP M HI
FDRAN ONDll
AND MARSHALL
Dr. Reddy Buys Third In
terest-Has Been Worked
for 30 Years-Situated 8
Miles From Wolf Creek
Dr. .1. F. lied.lv of this.diy lias pur
chased a third interest in the Anaconda
and Marshall mine, shunted eight miles
from Wolf creek. No purchased his
interest from lieuben Jones of Gleu
d::le. The owners of (he mine ure J, I '.
Lewis. Tom Sheridan of Reselling and
Mr. Soiiaman. The mine is a famous
iiartz and has been worked for the
piim .'to years, over Hum feet of devel
opment work being done on it in thai
interim.
At the present time there is a five
stamp mill upon the pi'iipcrtv and the
owners expect to incr
byb adding leu stamp
will give thenl a c!i:
work of development
1 his at once
the mill. This.
to rush the
1 handle th
output in
a llllletl
more sat istuctorv
inrnner. A number
put at work at onei
ore. The mine lei
gold for several vea
if men are to b
ir taking out the
produced enough
s past to make it
irofitable. The u.w equipment
nerease its output and hense inere
i's earning capacity.
SIGNERS OF GUARANTEE
FOR BASEBALL VISITORS
I'lii' f..ll..iii iin-
i'ti'T-; I'm' t tit- f iiinl
cil' (In' Piirlliiml
ii!ir:niti'..iii f?
IkmiWI lii.ii..
Williiim XI. '..lv
..hi- Yi.initf Hull.
Owl llillinnl rnrlurs.
1. .1. Ilin-lil.-r. W.
l-:.l Van 1'I
(1. M. S,.-li
l'l,i,..s.
Vill..t Asli,,.l... Xi.-iii:iii A
l-'i-,-.li ri. li II.isIihi.1. r. (ir,.(.i.
'i:rk in
T. W. Xlili'S. .Ini.iifi V
flrrm'ry, 1,. li. V;nni r.
Ilimlap. M. W.
Jr.. II. . Hut
I. I-'. 1'lalt. War
lliihl.anl l"lr.i..
S. T. Ili.war.l, Jr.. I
Wnrtinaii .V Tinrr.
(;,.,.i-.m
Mi'irinian, l.'. x Crm-.-ry c(m-
.any. I).
.HMit.aiiv
.1 A Ki-til ii.-r. M...1.-I ( I. .( lit rijj
I'. V. lli.lli". Ilaui.-ls fc Mil'".
.1. ('. Hinliam, f.mn H. M :iils in. M.
Klw 1. A. A. DiivN. H. I), f'lil gnii.-i n.
W. .liiliiK.ni. : II. Snv.l. r. F. 1.. Tim
Vi-llc. II. T. rin.lli y. M.-.l I'-.r.l rirm-nry
niany. Mi-ilfnnl Autn .imi.aay. J. H.
Ohvcll. I'liarliH 1. Iliizilriu'SX. 1.. IL
Harris. "T..ra-ry Hill." V. N'"'.
fli'iTKi- T. 1 1 Til i.n. II. ). Villiinin.
J. P.. W.....1. W. W. Kif. rl. V. I'. .Ii.liu
Him. fi. V. p.i.i-.li.aiix. ). M. Xliiriliy.
. R. lii.Miiliaiim. All' K. A.
Kins. .l. i. H.Mii-l:. .1. 1,'. U'rwht. P. I!
W..I..I, J. 1). 1!..l".. M. It:ia..l:il. lias.
Kind- l'ri-,1 U'.iln. M. ft 1". .1. Ailaiim.
Dr. .T. 1,. IIlIths. I". WMIiin, Orovor
-rum. J. IL ll.nr.l. II. A. TliiiTnff. Kl
wn.iil A Iliirin-ll. l:il!. r i. Onulap. liar
ry K. Pustor. V. E. Mi-rri'-k. .Inlin M .
riiint. 11. T). ITnwaril. T. Ti. iramiltnu.
. E. Urampii. Gfnrui. M. NVcillea,
.T..I111 M. Ili.war.l. .T. II. Haniii. K. 1! .
Scolv. P. P. rii.wiiiliL'. .1. K. llarlnliill.
fl. W. Pri.l.ly. .1. K. S..li". I Hm-lfa.l
Hil.liar.l. Ttngiu- Kivi-r r II.-.-1 i-l , i v.
II. WitliiriL'ton. .1. 1!. W...lf.inl. K. H.
Pirlid. J. A. 1'irrv. l'r...l.ri.l ''. Pai;.-.
C. W. Taa. s. r. M Kill. I. .1. W.
II. P. Ilaru'ravn. .Tnlin '. Will: inmil'.
A. K. Wliili Arthur II. Pavis. li. 1'.
Reus,. n. W. r. Murphy. P. II. MilL r.
l iluar llaf'T. .Tinl" W. S. ( r..w. ll. .T. A.
l..lnt..li. f'lia li s Tnll. .1 , C HarnuliK
W. M,.),.!ial.l. M . S. I'.:. I. Ml. .1 1 .
Plt;ar. A. Slnwr. 1.. 'I. ' -man. .1. I .
Pnyart. Pi-rt A i,.l-rs..n. Artl.nr Pn.wi..
1!. II. Whil.l.i.a.l. Martin .1. Uf.l.lv.
p.-n fiarnitt, M. I.. Alfunl.
HOTEL ARRIVALS.
Thl) Xah.l. Miller. San Kraneis,-..:
Charles Hlom. I'ortlatiil: I. Worthinu
ton. Spokane: I'. K. Two.nl, I. v. raa
ilena: .lameu ( '. Wilson. I'.-rt r.atnl.l.-:
H. l onner. Table IN.el -. C. TV (labrieb
son. Salem: I'.. ". I'.'iolin. I -1 , H n . I 1 1 .1 . i : :
W. P. r)irm...lv. I'ortlnnil: .lames liosu.
I hieaoo: .'..I'll ' Walker. I'in-l.nri;: I..
I!. Swift. St. !,. n.l: K. II. Wilso,,. San
Kratn is, o; M. A. ci .,. ,.rtlnit.l: l. '
( arne.. Mai le View. W. Wnllinif. .
II. Miller. Minw-M-"-; A. II. .I'm'".
San Kraneiseo: K. I'. ' "ion" r . I'ur'
l:n.l: 1. I lljvni I. I'.,rt!ae.l: II. I"
Hill, ( hieat".: I-:. S. I'ol.l.i". Ho.,.1 Kiv
er: T. C P-ieil:. M...unw..; Fr- .1
I'.iakel.-v, S. ('. I5.nii.mt a...l wife. H"'
l.rZ; F. 1!. firesboe' . V-w V-rl:: K. ''
I.elan.l. fla n:paifn : T. W. W.l'in. II. T
I Daniel.. Seattle.
T. F. Mnrphv h-i-t returm-d t
after 1 viit with friends ia lh
F.M L"'1
LANDS
Action Brought Against
Harriman By Government
Started Today In United
States Gourt in Portland
The sluit of the government to re
cover the possession of some .OlMI,tl0tt
aeriM of Oregon laud, valued at nearly
f pi.mni.iioo, was started today in the
Fijiied States court in Portland. Tracy
i '. Iteckor and M. U. Townsend repre
sent the goverinueiit, while W. V. Cot
ion and others will represent the liar
riinait railroads, who have succeeded
to the title to this laud grant, which
!p; primarily given (he Oregon Cal
ifornia railroad.
The ease raiue up today on a de
murrer filed by t he railroad company
to the bill of complaint and the con
tint ion of the govern men t will stand
(r fall upMii ihe arguments upon this
iloi'iuneiit. Should the demurrer be
-sustained the government will have lost
its ease; should the demurrer be over
ruled the case will containne to trial.
It is ex ted that the arguments will
i-oiHume several days.
Groat Interest to Oregon.
This is the beginning of the trial of
ihe Oregon & California land grant
a-'s involving the ownership of vast
'racts of lands in this state. July -o,
lMi'. congress gave as a constructive
ii: lit the odd seetions of land for 20
mile on earh side of a proposed rnil
io;,l line. The express terms of the
.rants given to the Oregon & Califor
nia railroad which proposed to eon
-trinl a Mae through Oregon, were that
the lands ill the giant should be sold
to actual settlers for not to exceed
'-.'.." n an acre. It is alleged that the
railroad company violated these terms,
in (haring as high as 7 till acre for
these lands and later taking the land
off of the market.
Local Defendants.
Supplementary to this case are many
other suits in which over l"i) purchasers
,it' railroad land are made defendants.
Among tlmse thus brought into the
:-;e-e are the Hi' Hend Milling company,
of whh h W. I. Yawter and A. A. Davis
lie majority owners; the Hutte Falls
Siiinr Pine Lumber coinoany, controlled
bv Hewing broihers of Michigan
and
1.. II. Ilai
Medford' and numerous
Jacks
oiintv timber laud own
With ttn- latyi-Nt f-lairter ini'niliornliil
anv III... itml it lit i'.n V"tt nf till
1 Kni-kv in..ini!aitii. ''ant. HI Payliht, -Nn
HI. Palnai.l Militant. I. . I). P.
nf It.r .l...artin.lit i.t (In-i.li. was ill
titnti-'l "" Saturday ovcniiltf
itniilav
.lii.-ilii
anil :. i.l-
in tlii'
ly iin.l''
rt. .-.il
r Hi
.in I
i if W. t'riiw
lr -anii to tin
n.ral .-.li.
am! I. "I--.
nlir. ri'l.ti-Hi'iitin tin
Tlo atlail was one loii lo lie reineni
bele.l by loeal lllbiTK of I lie older.
T!ie work u:is handlel in an able man
iter I the loeal boys realized a loiiu
. ti.-i i.di. .1 and. 'lion.
I -net. .n l':tv! ilUl . with those of Ash
, l, ... I Hill, eoie.tltllte the K..-.0
, r battalion.
Th,. oft' i'. of the institution ate:
W. S. i'i..weti. etip'ain: '". ('. Taylor
lietilentiitt : l. S. Ilav. i-ii'tin; M. M
I'ttvlor. siaiid.'inl bearer; '. I". True
uotai.l: .1. K. Mav. sentinel; M. I Mend
I.. Ilellimer. elerk : I-.. '
bli".
am.lHil.'Ull.
, w lio are f.i tunale enough to
rler ii-- iiiImtm ( f 1 1n new lodir1
( . Tavlor. I-. M. I.vmu, d. I,.
r. I!. ' . 'iaddo. I. F. ' lark. M.
id..M. r. su.di.-oi, r w .
. . K. I'.ov.ien. h. ' . Iav.
Vort:. .1. K. Ilav. N. -I Wiley.
Trio
Tav..i Wi.lt f,
. . I-. True, K. Hubbard. M
A. S. W.IN. T. J. I.ot-ex.
William H. frowell. J. li.
l..( r.e.!;y. .1. W. Mihlodl,
M. li Trver. H. T. Ifo.
II. Kowmati, H. (i. Voluey
1'i i'.. T oma- L. Taylor.
Harvey. K. V, . Redden.
Itanve. (ieoiye V. Hater,
-. M. Wil-on. A. T. I.nnd-
V. M.
W. I. Van
ii I. Jr.. d
Ihxmi, I."
Ihoner H .
II
(. King,
upon for
ho w:ih
herniit. i
LOCAL CANTON
IS ORGANIZED
HARRINGTON
CASE IS STILL
T
Expect to Finish Late Today-Opinion
as Handed
Down by the Supreme
Court Regarding Matter
The llaniiiloii ease is bein argued
this afieriioou in Hit1 eireuit court in
.laelisonv ille, t he taking of evidence
having been eomdeted Monday mora
ine;. It is probable that the arguments
will be concluded late today and the
case taken under advneuieiit by .lmlre
II. K, Hanua.
Supremo Court's Opinion,
The opinion of the mirem uirt in
the mater is as followti:
This is an appeal from an order made
by the .judjje of th.1 circuit court for
tin- l-'irsl judicial district, refusing to
issue a writ of habeas corpus to impure
into ihe cause of t h imprisonment of
lohu Harrington. From the pet it ion
and accompanying documents it apears
that in April. liiuT, Frances M. Snyder
u-::h appointed ailminir.tratrix of the
partnership estate of Victor F. Snyder
and John Harrington by (lie eoutity
eoiirl of Jackson county; that such
court made an order reuiiine; petition
er, as the surviving partner, to deliver
ami turn over lo the executrix the part
nerrdiip poperly ; I hat he refused to
ilelixer to In r all the property which she
claims belonged .o the pa rl nership, lirid
ii January, l!Mitl, a citation issued from
the counts' court reiiuirini him to np
peur and show cause, if any, why he
should not be reiiuired to do so. In
bedieiice to this citation, he appeared
and for answer ther-to stated. Hint he
laiuied ihe property in controversy as
his own, and that Ihe title to the same
i involved in a suit in equity between
hiiniielf and the adminiatratrix of the
partnership estate, not wit list a ndtf which
mswer tin urity court onlered und !
li reeled him to deliver to lie execu- j
trix sue It property, and (hat he be iin
prisoned in the county jail until he
implied I hen-wit h. A warrrnl of ar
ft was thereupon isaued and petition
r arrested and committed to imprison
menl.
The petition further alleges, that aft
the order of tin niily court was
made Hie petitioner delivered to the ad
ministratrix all the property in his pos
session, which she alleges belongs to the
partnership estate, but, notwithstanding
sudi ilelivery. I he sheriff st ill retaiie
li i in in eustodv, for the :ieed reason
rl'.-t she claims that he did mil deliver
all sneh properly, The circuit .jnde
refused to albiw the writ and the pe
titioner appeals.
Habeas Corpus Not an Appeal.
Th'1!, refusal to jjrant the writ id hn
bens corpus was apparently based on
the theory Dial the petitioner was in
prison by virtue of a .judtjmeht or de
cree of a competent tribunal and. there
fore, under section litin, It. & '. l'onip.,
was nol entitled to ptovecule the writ.
It i .1 fa "ti i liar law that )i::beas corpus
proceedings cannot be resorted to for
the plll'.n-ie of rrviewill(T jlld u'lll e 11 1 S of
decrees of a court of lipelelit jiiris
lift ifii for either errors of fact or law.
ft can mil be in rule e nerve t lie put
pose fif an appeal, lint unless the court
i".Hiiino; commitment lunl jn risd ict ion of
t " person and I he "iibject matter its
judgment b; void and iu."V be picti imi
t in a habeas corpus proceeding. The
tfatnte provides thnt the surviving part
ner, on demand or the ailminntntior "i
a partnership estate, dia!l delivii to
linn all the property of the partner-hip.
and that if he refn-e or neglects to
do t;o he may be cited to appear before
the t nty court or jude, anl " uidei
he b'w caioe tf the contrary." (lie
court ir iii'lL'e -hall romnre hi in to
Colliplv therewith. Sections II
I. H
A It. nmp.
bv tlii- r
rio poWel'
dispute le
estate an
the t.tle
ha
1,. t repeatedlv held
irl that a count y coiirl has
that
a ut hor
n the
Hi ild
'v to ib-terminc r
"inini-t rutnr of an
person concerning
pro)
erlv, but that such
! ion.
it an ad.iMdo ation become
must be tred in a court of
jar i'i-lii ;o!i. (tiardner vs. Cil
ordinan jar
liam, J't Or
Or. 17; Re
o!; Pray vs. Hloclt. !i
Holander's Kstate. :'A Or
t!iO
County Court's Power.
I'nder these decision1 it is verv doub
tul whether :i county court has the pe
er or authority to determine the pi
tinn of title between the ndminiMta!
of a partnership estate and a snrvi
ing partner, who.f '',,,,,,. );
"
,,T",
tnar me pripen v I1H i s , j(
BEFORE COUR
istiator is In i"
VALUABLE MINING
PROPERTY AWARDED
TO TIMBER INTERESTS
Roy Coopor States That Recent Deci
sions Are in Favor of Timbemieii In
Casos Whcro Minos Aro Valnablo and
Timber Almost Valueless.
Miners in the Itlue I.ede district nre
much worfked up over it decision by the
b'osiduiitf land office, which turns over
as timber claims mine prospects on
which continuous development has been
done for years. Almost any prospect
an be forfeited under this ruling.
A mono; t he dai ins a f feci ed am t hose
of Sullivan and Muck at Nqiuiw lake
and tl Little Six" placer mine lit
Seattle bar, owned by Robert S, Towne,
owner of the Mine Ledtfo.
The ruling in the ccse of the quart,
prospects has been appealed. It was
rendered by Registrar It. Ii. Kddy nnd
Receiver J. M. Lawrence in Ihe case
of .lames T. Henley against Kd Spen
cer and John Spiker, involving the S.
W. ' of section -I, township II south.
range 'i west, ami t h" same ruling tip-'
(died in Ihe cases id' Kdwin F. McKin
ney and Charles K. Smith against I. J.
Sullivan ami llruce Muck, involving
idnhns nt Sipia wlake. The laud office
ruled as follows:
Land Office Ruling.
1 ' The test iinouv has been carefully
examined and shows nothing morn as
lo he mineral idui racier of the land
than that some projecting has been
lone, wit hunt he development of any
valuable me deposit. There is no show
ing made that will justify a finding that
the laud is of any value for mineral
therein contained, while it appears thai
it is valuable for its limber mid is nth
ervise iibjerl to enlrv under the tim
ber and stone acl. We are therefore of
opinion that the protest ought lo be dis
missed. 1 '
In these cases. Attorney (i. W. Tre
firii of Ashland represented I ho defend
ants and Attorney V. M. Colvig the
contestants. Fvidence showed that the
prospectors had found gonsuu croppings
on the surface and expected by going
ie to find Clipper ''.ulphide.
Ray Cooper, engineer ami surveyor
of l 'reseeiit 'ii W who laid out the
! i h'iius in t he Itlue Lrdge dist rict and
.-ecu red patents for the Hliie Ledge,
rlaims, arrived in Medford Sunday ami
reports a great d"."l of excitement
j among the miners, as any claim can
; be attacked and perhaps declared for
' felled. He slates that the timber is
net valuable, while the prospects aro,
and doubts very much from the evi
't deuce given if I he eenlostnnts know
. what land tlo-v were acquiring.
! "Little Six" in Case,
i "One of the mines turned over to the
1 timber, " said Mr. Cooper, "is Ihe "Lit
tle Six ' placer, purchased by Robert
is. Towne ,,f Xew Vicft from the Phoe
nix Mining eompanv in l!m(I nnd since
op-rated bv him. For this mine, which
1 is near Seatt le Mar, a st rip IWKl feet
1 long. foot wide and 2(1 deep has
' bee. i worked. I )evelounent work to
the extent of over ".nni) lias been done
:h ditcA a mile long and .rnil feet of
j.ipe bring the water to the working
Vet I understand that the contestant.
a I um bet ina n named Spriilding, assert
ed that lot mining development had beer
J 'i" and no trails or roads made.
"The timber on Ihe laud canted
amount to iim.h. Vm ther fad arous
ihif coin ui en t is t hiit the patent was
i- n.d Wilhin two weeks of the v
t i ,
to
vhel
as it ii
patent.
davs le
irillv takes mouths
r'lid ihe conteslei
Mowed
,,,- not belong ti the part ti'Tship. And
ll.eieore.. U hen Cited o flppear, ill ftC
nr-'hi !' uith the proxisiotis of see
!i..n 1 1 1 1 . he sets up title tn himself,
it h hi.wiiiL' 'nii-e to the i-onlrary
within tlo- mianiiiL' of that section. If
ll:ts ;i proper interpretation of tin
1: w, the order or judgment nf the conn
t v court directing the petitioner to de
!i t he pc-perty in dUit roversy t'
(he administratrix 'if the partnership
. iat' v.:- without authority and void
a:d hi- imprioti meat is not bv virtue
i ' ) judgment or de.-l'ee of a competent
.- nut. Hut. however that mav be. the
petitioner alleges thai he has complied
i wuli sncl der and delivered to the
' :,dniiiM-tinttix all the property belong
in,, lo the partner-hip. If that aver-
t no nt is true he. under the terms of the
f I ..rder. entitled to discharge , Slid this
I matt, r c-tn be impiir d into in a luibeas
i' ...,rpi!s pr. ling- The statute pro
r . ;de that aler tie- officer has made
l,is r. turn to the writ the plaintiff mav,
bv rep li. ation. con ro ert :iuy -if the
t mr lenal fads sei f-ulh in the return,
v ,r aHeee n v f:j- t to show, either
-l a In- i-ii'. prisMtMiient or restraint is
or unlawful, or that he i entitled to hii
' didi."rie: and thereupon the court or
- le.i.hail pro.eed in n summary way
""' W'- .1 ..ewlone r.S ttlHV 1-C
gi.-tntiif iind sa'd HarriugtofV
BENSON TAKES
OATH OF OFFICE
AS GOVERNOR
Draws Salary as Goveri
or and as Secretary ol
State, Making Total of
$9,500 a Year
SALKM, Or., March L Oregon today
has a new governor in the pernon uf F.
W. Ilensoii. secretary of Btnte, who took
the oath nt 10:10 o'clock this morning.
It was administered bv Chief Justice
Moore in the presence of 30 employes of
tin
apitol.
His first official net was to appoint
S. A. Kozer ns insurnnco cninmiagion-
Koscr has been chief clerk in Bon-
son s office.
(iovernor Ilensoii s still secretnry of
state ami chairman of all administra
tive boards upon which ho votes as
secretary and as governor. He will
Iraw both salaries one ns governor of
$."i00i) a year and the other ns secretnry,
l.'iiHi a year.
Governor Benson appointed Peter Ap-
p legale nt Jacksonville, Hon of pioneer
parents of southern Oregon, state land
igent, succeeding (1. V. Oallowny.
CHAMBERLAIN HAS SUITE
OF ROOMS ASSIGNED
The suite of offices assigned to Cham
berlain by the senate nre In tho new
of i ice building, on the second or main
floor. Thev have a iioutli front.
The program prepared by the senate
managers has Chamberlain on tho list
be sworn in in regular order when
Oregon's name is called in the roll of
states with the new senators.
According to the present expectation
he will lie sworn in with Burton of
Ohio, (lore of Oklahoma and Penrose of
IVnnsvlvania.
SALOON MEN PAY BIO FINES
TOTALING $3000 IN ASTORIA
ASTORIA, Or., March 1. The grand
jury for Hie rebrnary term or court
relumed a total of fl7 true hills and
ouviclions were secured on all except
ing one. As a result or I ho erroris or
Hi" grand jury's work 34 saloon men
have been fined for eiolntion of the
Sunday closing law, nnd four or five
blind pigs" have been broken up.
Two Id i ml pig men pleaded guilty,
and the first, Knute J. Hermunstftdt,
was fined $400 on the first indictment
igi'inst him, and t"00 on each one of
-ti x other indictment for the same of
fense. The last nix fines, aggregating
.'tooo, were suspended, however, during
good behavior.
or restraint, or against tho same, and
to dispose of the party ns the lnw and
justice of the case may require (Sec
tion ; in. H. & (l romp.) And if no le
gal cause be shown for such imprison
ment or restraint, or for tho continu
ation thereof, the court or judge shnll
discharge such party from the custody
or restraint n inter which ho is held
(Section n.'12. 11. 4 0. Comp.)
I'nder these provisions, it'wttB, in our
opinion, the duty of the judge to whom
the petition was presented to hnvo al
lowed the writ and required the officer
having the custody of the petitioner to
made the proper return thereto, so that
it could have been determined whether
the imprisonment was unlawful, either
I aitse the order committing him was
void or he had complied therewith. For
these reasons we think the judgment or
order appealed from must be reversed
and the cause remanded with directions
to issue the writ.
4-
SUGGEST MANY TUNES
FOR TAFT INAUGURAL
f
NTW YORK. March t. Bnnd
asters throughout the United
States are today expressing their
opinion regarding the most fit
ting air that should be played
in the inauguration parade, na
it is passing Tnft's reviewing
stand. The airs selected run
from "On the Banks of the Wa
bash" to "Pixie." One suggests
"Sweethearts" as a tribute to
Mrs. Taft. Another says "Hon
.y Boy." which is typical of
Ta ft smile. Charles Hnzclrigg
savs most any old tune from
"Fra Oinvnlo' v.ili
'
I from cieitodv.