ji ' s a - fln Hstorical so"
AviSi '- . City Hall --
Medford Daily tribune
MEDFOIil). OJtKHCW, MONDAY, AUUUST 2, 1909.
FOURTH YE Alt.
No. 115.
seam
VALIDITY OF SPECIAL SESSION
IS UPHELD BY JUDGE COKE
CONDEMNATION
TRIAL OF
SUIT FOR RIGHT-OF-WAY ON I
HANLEY RANCH NOW UNDERWAY,
Reames Makes Lengthy Argument Alleging
Special. Session is Unconstitutional and
Attacking Validity of Proceedings May
Apply to Hanna for Injunction to Declare
Special Proceedings Invalid Reames Says
, Is not Representing Hanley ani does not
"Want Name in Proceedings
ARMED
DENY ENTRANCE
TO
HARRimAN
AGREEMEN
IT IS
SIGNED
FOR NEW
ANIENT FISHWAY
Governor Benson and Treasurer Steel
Affix Signatures to Contract
With Golden Drift Mining
Company for New Fish
Ladder Over Dam.
Seventy-five Employes .of .Porte.
Brothers, Contractors, Alleged . .
To Be Representing Hill, Re
sist Rival Builders.
Circuit Judge ''"I"' Coke,
.Murslillcld, Monday uflornoon upheld
till OOllhtitlltiolllllity f till' special
term of court, culled to try the con
demnation proceedings brought by
the oily of Medford imaliiKt M. .'.
Hanley to secure u right of way
through tlio hitter's Bulo Crook farm
for tin- gravity water iniiin. Sflnfli.m
if a jury begun ut ones.
Raises Constitutionality.
Fur two hours Monday
tit ii attorneys in the enso of tho city
nf Medford vu. M. F. lluiiloy, for u
right of way across tho Hanley prom
ises on LYitllo Butte Crock, nrguod
lint constitutionality of the statuto
uiiflcr whii'h Governor Benson order
ml Jnhn S. Coke, Judge of thu Seooud
.1 it tl it-i ii 1 District to proceed to this
district mid ciinvcnc u special tokui
of court for tho hearing of the case.
The Judgo took the inutter under nd
visommit until - o'clock.
Grent interest is pxhihitud in the
c.use, the courtroom being crowded
when Judirn Coko convened court.
Thirty-nno jurymen were on hum!,
hut wcic excused until the ul'leniouM
tluit lime, thinking tlmt they would
he iillnwed to tile a bond nnd cuter
upon the lluiilcy premises. TIuh, ho
uxpluiucd, would Imvo ft bearing upon
tlie contract which Hmiley hns with
the city, providing for tho payment
of .'J,ri.l)G0 for :(()() inches of wnter
I'rnm Wnsscn Canon.
Neff Defends Proceedure.
City Attorney Xoff replied to Mr.
Kennies in full, oiling many eases
liaviiiLT ii hearing upon the sitting of
! Jnilirn Coke in tins district. Mr. .V
morning
Clash Between Workmen and
Legal Aid Sought.
HnShlOll.
At tlm onenimr of I hi' court At
torney A. K, Kennies, who hns up
poured for M. F. Uiinloy throughout,
Htotod that ho hud no authority to
appear for Hanley at this Hpcoiul
tonn of court, nnd that ho did not
wish it to appear in tho reoord Unit
ho hud updated. Ho Hum raised tho
question as to the constitutionality
of tho proceedings, stating that it
wuh in conflict with Section 1, Article
of the Constitution, whicho pro
vides, three departments tho judicial,
executive and administrative for the
carving on of tho government of the
state. He stated that the oxecutive
department could in no way inter
I'ern with tho duties and powers f
tho judiciary depai'linont.
Now In Contempt.
Mr. Koames went on to review the
case und charged that tho city ofll
ciuls had been guilty of e.nutonipt of
court, to rounest n second court to
make tlm Hume order which was do
niod bv Judge Ilimnn. Ho claimed
that inasmuch as tho city had asked
Judgo Coke, through tho Governor, to
call a siioeial session ut tlio court
after this had boon denied by Judgo
ITunna in this district, that tho re
onost was clearly a case of contempt.
Attorney lioainos also charged the
citv officials with being "yery smooth"
in aplying for a hoaring of tho enso
one dnv after the March torm una an
journed, charging them with kuiwins
.t.
stated that thu only way in which the
in:-tier could be assailed would bo by
direct proceeding. He wont on to r
view the Hanley cui. stating that
lluough dilatory methods, the de-
livii'ant strove to force the oity into
complying with the original Wassnn
Ciinon contract.
In reirurd to the constitutionality
of ih action of the Governor in o
deriiiL' Judgo Coke to call a special
torm of court in this district, Sir. iNo'i
stated that tho act was not judicial
for if it was, the legislature could
not fix terms of court, which it has
ilmir. in miinv instances. Ho stated
tluil .IuiIl'c Coke wuh a defacto judg
und that his right to call o term of
fWtllvt 111 this district could not be
piostionnd.
jurymen summoned.
The following jurymen were sum
moned bv the court: John Anion.
C. A. Socman. G. W. Weeks, K. Hip
ginbothnni, C. W. I.uiighlin. K. I'
N'eil. V. K. Deuel, V. It. eiiernni.
r V.. Twvill. S. II. Moore. G. W
Onrver. 1 ' lerrimnii. T. J. Fish, i
W. Froih. A. Ii. Wionier. J. It. Jone
J. K. Dnv. C. A. Klalini. S. P. Hunter,
.1. G. Grover. Will von .dor Heller.
rinrrelt. .1. .1. Murnliv nii.l
Fred Minthoro.
GUERTZ RANCH GUARDED 4
ESPEE TO SEEK COURTS Ooven'or uson . au Trea9urf
George ntcel have signed, as memb-
. crs of the State Board of Fisheries,
.... uirHnm.!.! ...:il, UA fAn f f
Race for Central Oregon Develops Mimilg Coiiipmiy for a new fish .mddr
I over the Anient dam near Grants
I Pass, which flshway is now in course
of construction.
The agreement was necessitated,
states Attorney Hough, of Grants
Pass, who represented the dam own
ers, because of an option to pur
chase tlie dam nnd plant given to the
promoters of the new irrigating sys
tem, which uses the dum to generate
power for pumping water, and insure?
the irrigalionists that their pipe and
ditflf-Jines will not be interfered with
by the new fishway.
Tlio fi.-lnvay ies being built at the
eiiiense of the state, the j.revioiri
muster ll.-h wardon, Van Dozen, hav
ing accepted the present defective fish
ladder as satisfactory to the state.
hence the state could not forec the
building of the new fishway, which
crosses the irrigation conduits
OK ASS VALLEY, Or.. Aug. 2. - -
Seventy-five untied employes of Por-
r Bros, contractors, reputedly rep-
esentiug the Hill railroad, are guard -
g the Guerlz liunch. near here, nnd
resisting passage of the Ilarrunan
builders, Twohy Bros., in the race to
build the first line tapping Central
Oregon.
The Hnrrininii force hns appealed
o the courts.
MEANS TO CROSS OCEAN
IN STEERABLE BALLOON
I'liANKKOHT- ON- MAIN. Gei
i.innv. Alltr. 13. .IOS011I1 DlTOMl
Now Work proposes to cross the At
nntic in a dirriL'iblo balloon, tin liu
. . . 1.!.. .,1......
arrived Hero to cnnipieio inn mur.
li,,ui,lu hoinir a daring anronuul
Mr. Brucker is prosidenl oL tho l',uv
ope-Amoricn Navigation Society, nn
feels assured that lie Knows me vn
., tT.. i..... i:.....
irnries ol tno sen. im nun
out how ho can make tho trip safely
When tho northeast tradewmds s
in tinvf vnnr ho will onibiuk from
Lisbon or Cadiz, heading for Port
ltico via Madeira. Thence his enur
will be to Havana and Now Orleans.
"I have selected a season," ho sa
todnv. "froo nliko from hurnennes
tho West Indies nnd from the north
west winds which frequent the Spnn
ish Const in winter."
NECESSARY TO PREVENT
i INJUBY TO WATER DITCHES
STRIKE ORDER LIKE
TO DETHRONE KING
Spanish King Determined to Adhere
to Course in Morocco Against Ad
vice Republic Bound to Follow
Irrigationists Feared Pipe and Con-
duits Would be Damaged by
i New Construction Work.
MADRID, Aug. 2. King Alfonso,
after a conference with the ministers
todny, ignored the advice of his min
isters and military advisors, and de-
ided to support the policies of Pre
mier Maura.
The military advisors told the king
that the Morroecan war was a cer
tain repetition of the Cuban war. Tin
king announced that he would up-
old Maura with all pocsible strength.
It is officially stated that 119 Bar-
elona insurgents were court martial-
od nnd shot vesterdav at Fortress
HARRIMAN AND TAFT
TO MEET AT LODGE
Colonel Holabird On His Way to New
York to Make Arrangements
to Visit Lake.
HUNDRED HUNTERS READY
TO KILL KLAMATH DEER
KLAMATH FALLS, OK., Aug.2,--
About 100 of the local Nimrods have
cither already gone to the mountains
or else will go for tho opening of th-?
:ier season. Beginning August 1. it
will he legal to kill deer in Klamatli
count v. Reports from all sections
stale that deer are more plentiful
than thov have been for several
oars. In addition to the local pur
lins that will bo in quest ol venison,
there will bo a large parly of non
residents who have come here to join
the local forces.
During tho part month several bene
have bveii killed. They are however
growing scarce and it is seldom that
one is bagged.
Oiime wardens are enforcing tho
aw and very litlo illegal hunting is.
cing done this year. Thnre hn
been but one prosecution for killins
deer out of season. This served as
warning and it is safe to presume
that there have been few violations.
Ducks nnd geese are plentiful in
the .marshes. Tho springivas not the
best for brooding, but still tho shoot
ing will be good. The season for
aquatic birds will .lot open m:til Sep
t ember 15.
Indian haskots: I offer for sale my
entire collection of Indian bnskets, in
lots to suit purchaser. The collec
tion consists of somo very fine spec
imens niado by tho Pitt River, Modoc,
Hoopn, Pinto, Klamath, Chippewa and
Sioux. This kind of work is cei
ling to bo harder to acquire eti-'ti
year, os tho Indian basket makers
aro dying off vory fast. Thoy make
fine hall decorations, good present
to send to onstern friends, and aw
constantly increasing in vnluo. Thi
snlo will continue until Wednesday.
August 4 only. Tho prices will be
about 2f per cent less than is or
dinarily askod for such baskets. They
can bo seen nt Dr. Goble's optical
narlor on Seventh street. Ill
. Christian Church News.
Sunday was a good day at the
Christian Church. Services were
well attended both morning and ev
ening. , Rev. R. R. Burnett preachei
a thoughtful discourse at 11 o'clock
Uro. Burnett bus done much to build
up the cause of Christ in . Oregoi
Hiblo School attendance was abovo
100. This is remarkable for the mid
dimmer. At 8 o 'clock p. in. tne pas
tor preached on the subject. '"What
Will It Cost?"
Ladies' Aid meets Wednesday af
ternoon nt 2:30, in the chnrch par.
lors. Itcfreshnients will be served,
All are invited.
Prayer meeting Wednesday nig1!
nt 8 p. m. Kvcrv member and fnenn
invited. ' Teacher's meeting aft"
prayer meeting. All come.
Choir practice -Thursday night
7:30. Note the chniiL'e from Frida
to Thursday evening.
Snoeial services next Sunday, both
morning and evening. Morning sub
iect. "Doubling a Preacher's and
Church's Power." n great theme,
Kvening subject. "What the Christian
Church Stands lor." Many do m
understand tho ploa of the disciples
of Christ. Come and bear this th
course.
Morto Juicbv
LONDON. Aug. 1. Unless the
leaders of th estrige movement 'n
Spain weaken a general industrial
strike throughoutSpairi will be forced
within 48 hours. The strike will in
clude water and lighting plants, and
street curs. Today's news reports
say that laborers at Bilbao, Saragas
sa. Velentia and Palamos wil obey the
strike order, and that not a wheel
will turn in any of these cities.
It is possible that it will result in
the establishment of a republic if the
plans vf the revolutionists succeed
CITY WELL PROTECTED
FROM CONFLAGRATION
Presure Rips Shingles Off of Build
ing like a Buzz Saw Two
Fires in Two Days.
Information from inside sources i3
to the ecct that Harriman and Taf'.
will meet nt Pelican Bay this fall. All
details of the meetings have not been
arranged, but they are far enough
along to warrant the prediction that.
unless iinforsoen obstacles preveot
Klamath County will sec the
world's greatest executive and its
greatest railway magnate greet each
other at Pelican Bay lodge.
When Taft stepped into the While
House he by no means carried on hi
shoulders the load of antagonism ere -
nted bv his predecessor. He is a man
brainy enough to think nnd act for
himself, and whatever he. does it will
be a Taft policy out and out. This
characteristic was never more prom,
neatly brought out than in the Presi-;
dent's attitude towards the "malefac
tors of great -wealth" and other mom-1
hers of the Ananias club. His regard j
Fire in the roof of the building on
Front street which houses the Ivy
Leaf restaurant Monday morning, af
forded the first chance the fire boy
have had to try out the new pressure
on the water mains from the gravity
system. Medford need have no fear
of a serious conflagration if the fira
can be reached in time, for the pres
sure could not be better. - As soon i.s
the stream of water stmck the xooi
of the building Monday morning the
shingles begun to fly in all directions.
The blaze was not a serious one. ami
the department responded in fast
shape.
A small fire in the basement of the
telephone ofllce Sunday afternoon
twilled out the department. No seri
ous damage was done.
PANTAGES VAUDEVILLE
ALL WEEK AT THE BIJOU
Pyx. tr Tlqrrimnn 1in3 lllwUVS bfOll i
most cordial, and unless affairs of At Inst Medford is to get a rare
great moment demand it..he will not treat m the vaudcv.llo Ime-the well-
pass bv the door of the great railway m,w" " JP'r
magnate without lifting the latch- artists Ingles and Darling, d.rert
, . . ' from a long nnd successful engage-
S Holabird to New York. ! mcllt in tlie Phages Circuit, como to
Col W II. Holabird is now on his the Bijou theatre for one week, com
wav to Xow York to receive final in- nicucing tonight. Their acts are
str'uetions. Incidentally, he may So' strictly high-class and. moral, and
to Washington. Whether ho does or of bright, sparkling humor.
no one will know what he is go-1
tnlc hns introduction as nicy nine mnujn
Medford Cement Company has not
sold out, as rumored, but has only
changed management. The company
will continue to do business os here
tofore. Xew and better machinery
will ho installed.
Mrs. M. K. Yockey spent the week
visiting with Mr. and Mrs. Cluirle
Nickoll on Sterling.
Mr. und Mrs. H.
enmped nt Coleatin.
E. Boyden ar'
not.
inir to do until after the
been completed, for the Colonel is
noted for his remarkable ability to
keep his mouth shut. He, neverthe
less, is pretty certain to be muster of
ceremonies at an event that will af-
tract world-wide attention nno uie
chief magistrate of the nation will
come under his sway for. the brie?
proven a feature on any bill and como
extra-well endorsed by tho manage
ment of the theatres in Sacramento,
San Diego and Ashland, where they
played to pocked houses all last week
nt the Star theatre. Tonight thoy will
appear in the celebrated Knglish play
let. 'A Husband in Clover." Thi.i
sketch is too well known to need any
.1 1 : t l...1,rn
penoii e u.m .... ..... -- I .MiArA nno of the
The visit of the ITosulent to i-rnin v...... .... .. - ".- - -
lake will bring prominently to the at-! funniest and best sketches written- -tontion
of the nation the necesity f -r.has been P ayod .U over the Moss
Us reservation nnd development and , Stall Circuit in Kngland nnd tho Pan
will result in the appropriation ot tages Circuit by Tngles & Darling ...
uch monev ns may bo necessary H America.
make tho northern half of Klamath Tho p.cturo program ms one of the
m ..... ,a,.. nf world-wide best in a long time. The ndmiss.on
iv-inmih Herald. I remains the same as usual.
IIWll'.
tb"l the case conlil not ne tienra in