Medford daily tribune., May 21, 1909, Page 1, Image 1

Medford Daily Tribune
FOURTH YEAR.
MEDFORD, OREGON, FRIDAY, MAY 21, 1909.
No. 54.
PACIFIC & EASTERN DEAL CLOSED
ALLEN BECOMES PRESIDENT OF
ROAD: WILL PROBABLY EXTEND
ROAD TO TIMBER AT
M'MAHAN'S THREAT TO HOLD UP
CRATER ROAD APPROPRIATION
WILL NOT STAND IN COURT
Local Attorney Quotes Law and Cites Authorities In Connection With
Salem Attorney's Threat to Enjoin the State Treasurer
From Turning Over the $100,000 to the Crater
Lake Road Commission.
THE PORTLAND
GATEWAY CASE
Northern Pacific and Union Pacific
Must Sell Tickets From East
ern Points to Puflet
Sound via Portland.
"NEED BE NO FEAR OF ITS CONSTITUTIONALITY," SAYS
COLVIG "McMAHAN WOULD STAND IN THE LIMELIGHT
Crater Lake Road Bill ts a Public Law and in No Wise Special or Local
jiilem Attorney Is Simply Exponent of the Mossback
Element of Oregon and Wants Notoriety."
To the Kdiliir: L. H. McMahan, a
Salem attorney, is preparing to make
a grandstand play as the exponent of
the mossbaek element of Oregon, by
bringing Biiit to enjoin the state treas
urer from paying the Crater, Lake
road appropriation. It will "e re
membered that McMahan is the at-
,i, hrmioht the suit against
" ex-Secretary of State F. 1. Dunbar,
and one against ex-Senator Fulton,
in both of which cases he utterly
failed. McMahan simply wants to.
stand in the limelight of public at
tention for awhile.
From a careful consideration ol
the appropriation bill, we think then)
need be no fear of its constitutionali
ty McMahan contends that the net
appropriating this money is a locnl
' and special law. and therefore vio
lates article IV, section 23, subdivi
sion 7. of the constitution, which
reads as follows:
"The legislative assembly shall not
pass special r local laws for lay
ing, opening or working on highways,
and lor the ''lection or appointment
of supervisors."
Not Confined to One County.
STANDING WILL
BE ANNOUNCED
ON SATURDAY
Several Important Changes Have
Been Made In Line-Up of
Contestants for Free
Trip.
E
HAS BEEN CONTENTION
FOR OVER QUARTER CENTURY
Interstate Commerce Commission at
Last Settles Famous Case
Means Much to Travelers.
matter, and where the sume ouestipn
was raised. 1 refer to the ease af
Allen vs. Ilirsch, 8 Or. 412. The act
considered by the supreme court in
llint case nM entitled "An act to
provide for the construction of a
wagon road up the south bunk of the
Columbia river from near the mouth
nf Samlv. in Multnomah countv. to
The Dulles in Wasco countv." The
court held in that case that the act
was not special or local within the
meaning of the prohibition of the
constitution. The suit in this latter
case was brought to cooiiiel the uav-
ment of certain warrants drawn by
the secretary or state upon me slate
treasurer. The treasurer, wishing to
ascertain the validity of the law. re
fused to pay the road warrants, un
less compelled by mandamus.
Is Public Law.
Mr. McMahan relies greatly upon
Hie opinion rendered by our supreme
court ill Maxwell vs. Tillamook coun
tv "0 Or. Stt'i. but we think the very
reasoning used by the court in that
case would sustain the validity of the
Crater I.ake act. The very title of the
case cited interprets the law and
.. .i.,;.r.,,.tAs the local nature of
the act pronounced unconstitutional
by the court. It was entitled "An
act to appropriate sfUI.000 to aid
Tilamook county in the construction
of a wagon road. etc. '' The
supreme court, in the opinion ren
dered by Judge l.ord, takes occasion
lo say : "The act is addressed to that
county alone, personally as a legal
entity, and designed to aid it exclu
sively, and operates only within its
boundaries."
The Crnter Lake bill is an act to
aid in the construction nf a highway
from the I'ncifio ocean in Oregon to
the Idaho line on the eastern boun
dary of the state; so it Is pluin to
be seen that its operation is not to
be confined to one county only.
Tillamook Case Special.
The suimmie court further says in
the Tillamook case, in speaking of
the act : "It is designed to ant 1 ma
monk county, and no other; it spe
cifically names that county as its
beneficiary, and contemplates no
broader or other application of its
k.....fiiM ' Such a law is in
no sense general, but wholly special
within the meaning of all authorities
t. mt tn ns that it would he diffi
cult to imagine a clearer ease of spe-
' 1-mslRtion."
Let us examine another case, pass
ed upon by our supreme court in a
In addition to the ( 'oluinhia river
road appropriation bill. Ilicre was nn
nlhcr act of the legislature involved.
It was entitled "An act to provide for
the const ruction of a road in Grant
anil linker counties, to be known as
the Eastern Oregon and Wiiincniucca
niail." Warrants had been issued la
the secretary of stale under each of
said acts.
In this cast' I Allen vs. Ilirsch) tin
court held that the said acts
did not come within the constitution
al inhibition, and one of the reasons
advanced by the court is as follows:
"There is another reason why the
acts of the legislative assembly re
ferred to in the petition are to be re
garded ns general laws, and not spe
cial or local acts. Article 4. section
of the constitution declares that
'every stiUute shall be considered a
public law, unless otherwise declared
in the statute itself.' Neither ol the
acts contain such a declaration."
Crater Bill Not Special.
Tin. Crater Lake road bill is cer
tainly n public law. and in no wise
special or local. Its object is "to
promote and facilitate public tntel
and transportation." The days of the
"footing" and trail in Oregon have
given way to a better condition of
travel. We must have roads, and
good ones, if we exjiect people to
come here and look over the state,
and locate among us. In getting the
menus wherewith to build and eon-
iini.t these highways we may count
on the support of all public-spirited
citizen" nnd the opposition or me
'mossnucks.
WM. M. COLVlfl.
I'OHTLANI), Or., May 21. Word
wan received todav irom washing
ton. D. C. that the interstate com
I'orce commission has decided the fa
mous ooneroversy between the Hill
mil Hiifrimun lines involving (he
l'ortlund gateway case in favor of
the llurriman lines. The Northern
Pacific must join with the Oregon
Itailroad & Navigation ana union
Pacific in selline- bv wnv of Portland
through tickets between Puget sound
and eastern jMilnls.
This has been a mutlur of contro
versy between Hill nnd Harrimun for
a onarler of a century. The deci
sion menus thai it is now possible to
purchase tickets in 'any eastern city
to Paget sound nud have the ticket
rend vin Portland, which has -never
been done heretofore. Those com
ing bv way of Portland to Puget
sound had to buy another ticket
north upon their arrival here.
OUT-OF-TOWN GIRLS
MAKE GREAT HEADWAY
In Tomorrow's Issue of The Tribune
Standing of Contestants Will
Be Announced.
Arrangement Effected With Manager O'Brien of the Harriman Lines In
Oregon Whereby the Southern Pacific Will Furnish Rails
to Extend the Line Seventeen Miles to
the. Timber Belt.
WORK WILL PROBABLY START AT ONCE ON
EXTENSION OF THE ROAD TO BUTTE FALLS
Will Tap the Largest Standing Body of Sugar Pine and Yellow Pine in
the World Wonderful Natural Advantages to Be Had in
Logging Road Means. Much to the Valley.
Tomorrow' afternoon Thu Tribune
will announce the standing of the
many candidates in the free trip eon-
test and some of the girls ure going
to be surprised. Several importunt
changes have been made.
The out-of-town girls have made
imiuirtaiit strides during the week,
especially one miss i llic southern
end of the valley. Hie bigins to look
like a winner.
Votes' are beginni''. to pile up rap
idly and in June the yrvtil strides will
be made, fur then !l.o ' ace will begin
to narrow down. Thorn is plenty of
time yet to win .1 trip,, foi it uoesn't
take long to pile up the fig u -K.
Wutc.i for the standing of the con
testants Saturday.
John li. Allen of 4!) Wall 'tl
mis
"NV
SOUTHERN OREGON PEOPLE
HONORED BY THE I. 0. 0.
T0U VELLE A SECOND
LUTHER BURBANK
In the person of Colonel I''. L. Toll
Velle of Tolo, Jackson county can
claim a rival to Luther llnrliank. The
colonel, who owns a line altnlln
orchard, claims that he has success
fully grafted strawberry vines upon
.Ifn (fa roots, thereby producing the
alfa-hcrrv." an ever-bearing straw
berry good for three crops a year of
green berries. However, lie liasn t j
shown any of the fruit thereof ns yet. j
LATE LOCAL NEWS. j
Colonel .1. F. Miindv bus secured
oil leuses upon Ki.UIHI acres of land :
near Oakland, where he uitemls to
drill for oil in the near future.
S. A. Nye and Dr. F. C. Pngc dis
covered while at Portland that there
were some iieoiilo who had never
heard of Medford. One salesman
asked whether rail or water was util
;,..) for shintneiits here, and another
wnlited to know in what part of the
stale Medford was located. Itnn
have been enlightened by Medlord
pamphlets. '
Stale Kailroad Commis-inncr Os
wald West passeil through Medford
Friday on his way south.
Major J. W. Hicks of Central Point
spent Friday in Medford
One of the most interesting figures
I 'm the parade of the grand lodge of
Oregon. I. O. 0. F., which is in ses-
I -ion in Albany, was Silas J. Day of
Jacksonville the oldest living past
j grand master of the order. He pre
' sided over (he grand lodge In IHtiK,
j when II included the stales of Idaho,
; Washington and Oregon in its .juris
! diction. W. A. Carter of Oold Hill
was elected grand representative of
ihe vc.ition and J. L. Reynolds of
'Jacksonville was elected grand her-i
laid. W. I. Vawter was appointed u'
I f tl.. i,,lif.t, t'u eoinfiot tee. '
melon,- in. , .
i A. J. T. Smith of Oold Hill. K. O.
I Payne of Ashland and F. II. Schmidt
of Orauls Puss were appointed dis
! i rid deputy grand patriarch- to serve
I during the ensuing year.
New York eitv. Thursday paid tin1
draft attached to the. controlling
Htock interest in the Pucific & East
ern railroad, thereby becoming owner
of the railroad. It is understood that
he has mude satisfactory arrange
ments with the holders ol the present
outstanding bonds, uud will probnbly
ren uco them witn a new issue, ne ue-
oomes president of ihe Pacific. &
Kastoni, nnd O. P. Humphreys sec
retary and terasnrer, the main office
of the corporation to hi in Medford,
with branch office at ill Wall street,
New York city.
Through an urrnogcmot.l effected
.ill, J P. O'Krinn. general manager
of the Hiirriman lines of Oregon, thJ
Southern Pacific will furnish rails'
for Ihe extension of lh loud 17 miles
from its present terminal nt Kngli
Point to P il'e ''a "s. ill" henrl of tin
sugar nine '::rit !' is pVcsiuned
that the o-d w II ite eylended nM
onct
7'YT.rV
!) Clii-
Clcveland tl. Washington
iiao 12, lloston 3.
Northwestern league I'orllanU u,
liberdeen 1; Tacoma 2, Spoknno 4;
lenttle 7, Vancouver 0.
'Const league Los Angeles !i, I'ort
ind 2: San Francisco 2, Vernon 0;
lacrnmento 1, Oakland 0.
TrtT
mv v
RTH
in i sr.
Taps Rich District.
The Pacific & Kaslcrn will cosl in
Ihe vicinity, iiiclmlin l!i old road.
of half a million lul,ii--. II vT
one of the ricbcsl timber ili-ti-ots in'
America. It is estimated that H.-
( nn.WKUMMI feel if ui'V'-hnnlnb!
standing timber is "'iiic',.'ei! in the
Unite creek limber district, ."l per ,r ,,.r ,,. , . i .
., I ....ll 1 l 1 111''
pine. It is the largest boily ol stand
ing sugnr and white pine limner
the w:irld. and is Ihe largest body
timber necessihlc bv n lateral roa
in the I'nited States.
rv TOWNS.
n-sciors
tracts
frimKK TTIF, COUNTY ROAD FROM
FURNISHING LUMBER FOR .,,. T fnwi'ATV TIIK KAMI'' OH L-
SEVENTEEN NEW DWELLINGSlTlIKV CON1AIN lllh SAiMI. i(Kb
. PT11 OF SOIL AS THIS .FAMOUS OR-
Tbc Winds Lumber company is ,-,,. n-iiit r ivn
furnishing the building material f.,rj PLANT AND OA RE FOR IHE LAN D.
17 new dwellings in Medford at the, GIVE TT THOROUGH AND
present time aside from a number of
orders that arc being I'i I outside ,fj EJT1 FTO ATTENTION.,
of the city limits. t
These buildings ure all cstimatej
jobs, and aside from these they are;
j furnishing lumber for many other;
j jobs. L. F.. Hean is erecting a rcsi-j
deuce for Mr. Onttiiun on his pr.ip-!
Jerty near Phoenir. for which the',
j Woods Lumber compunv is furnish-j
ling the lumber. -,
FIRFMFN DECIDED TO OBSERVE
JULY 4TH ON MONDAY, THE 51 rl
H. L. Kelly brought down from the
Klk Creek hatchery u consignment of
lO.OIlfl young steelheads, which were
planted in the Applegate Thursday.
stot Hunk F.mminer James Steel
of Portland ia spending a few days
in the valley.
ILLDi'O A
An oncration for throat trouble
was successfully performed inion the
4-yeur-old son of Judge K. F.. Kcllv
by Drs. Seely and Corny r relay. .,.iH firi. ,)liV1 ,,,,, l)ril.f '..
The Central Point high school will I .,.,;.. .... Ttotrsilav evening and dc
give an entertainment Saturday night j ciiled tn change Hie date of the cele-
in Ihe Central Point opera house. ibration from Saturday. July 3, '"jrgjj VALLEY
Superintendent Caninhun -of .the ( Monday, July 5. This was done to
Blue l-dge has a s-t in a recently meet the reipiest of the ma jority of
captured black bear cub, which he the business men of the city.
caught while hunting in the Siski-j
yous. The mother aent the cub up a I KsUite Surah Abbie Koudrey; wiU
tree and eaeoped. .imagining it afe. I admitted to probate.
Orchards Syndicate
G E N T S
MED'FORD, OREGON