iregon Historical ouuiuiy
City Hall ...... .jjj
,
JU -t r r r jr T ITT A F T" I 0NK tiiouhand dollars reward will re paid ry the umjersioni to any person who can snow by authentic tes-
ml I II II I r. H W w II' timony that any city on town in the. united states, outside op the rogue river vlley. nAs tributary to it
W AiVVV' IVU T T -L JL'.JL- WITHIN A 10-MILK RADIUS,' A 20-MILE RADIUS, A 30-MILE RADIUS OR A 40-MILE RADIUS, AS MANY DIVERSIFIED RESOURCES
.:..rsrrsr s.., 1 - -grsggs AH MEDFOBD, OREGON. HAS WITHIN A CORRESPONDING RADIUS. MEDFORD COMMERCIAL CLUB.
Medford Daily Tribune
FOURTH YEAR.
MEDFORD, OlttiOOK. THURSDAY, AUGUST 26, 1909.
No. 13G.
BRIEF IS FILED
CRATER CASE
SUPREME
COURT
Document Is Very Comprehensive,
Filling 62 Pages of Printed
Matter Full of Quota
tions of Authorities
If
MAY
THEN I MAY
IT"
MULKEY
District Attorney Not as Yet De
cided Whether He will Contest
With Congressman
Hawley
BRINGS OUT FACT THAT
ROAD IS NOT LOCAL
Attention Called to Fact That Plain
Did Not Introduce Any Evi
dence in the Matter
HAS BEEN URGED TO DO
SO, BUT IS HOLDING BACK
Report That Hawley Met With a
Frost In Coos
Bay
Tilt' brief llf tilt! nppclllllltK ill til"
I'wc of J. K. SiMirH vs. George A.
Sti'ol as treasurer und F. W. Hun
sun tin secretary of Mute, commonly
known iih the Crater Lake road case,
mi iiiM'iil from thn decree of Judge
William Galloway, ha been filed in
the supreme court. Tim lirii'f id very
ciprihonsive, f illing ti- pages rin I -I'd
mutter and is full of iitut ions
to sustain tlm Mitits of authorities
am! iit'KiimvnU of. the uppt'lliiiil.
. The allegation tluit flic net of the
li'itiHintivu. assembly making the
$100,000 appropriation i iiucnnst
.tiilional fov the rnnNon tlint it is .in
violation of section seven of Article
11 of tlio constitution in Hint it nt
Icinpts to cronte a dclit njjiiinst the
state for more than if.'iO.OIK), is nllcg
i'il to lie nothing more thun a miked
allegation of a conclusive law. A
statement of respondents construe
tion or inlcrpi'i'lnlion of l In net of
I In1 legislature eoniplaincil of and
nothing more, Fuels, it is staled,
not conclusions of law, must he
pleaded.
The second act upon which the
respondents predicate their right for
relief is that tlio legislative act is
unconstitutional hern use section 23
of article 4 of the constitution pro
vide! that the legislative assembly
i cannot pass. special or local laws for
laying, opening nnd working on high
ways. Appellants, allege that tlic
complaint of the respondent does not
state facts sufficient to entitle re
spondent for relief for the reason
that it dons not set out facts where
in Had net is unconstitutional nnd
void or whero it controvens- the con
Htitution. The brief states that by the terms
of the not this road is to be a Btnte purpose of internal improvements,
road from the Pacific ocean to the nor has it. a provision requiring all
"I have not yet made up my mind
whether to context with Congressman
Ilnivley the nomination for rcprc'Bon
tative from this district," Hnid Din
Irict Attorney It. F. Mill key,' whose
candidacy was rocently announced
in a Portland paper. "I have been
urged by mnny friends to make the
race, for there in great dissutisfac
lion with Mr. Hawloy'w course. If I
were a wealthy man, I could answer
off-hand, but being poor, I do not
know us I can afford to run." Hut
"Barkis is williu.' "
The only other probahlu candidate
against Mr. Hawley at this time is
W. K. Nowell. president of the state
board of horticulture and a former
member of the lower house of the
Oregon assembly. Mr. I law lev has
managed to antagonize the state
grunge, and it is evident that they
will largely support anvone who
innkes the nine.
ougressman Hawley is rcporlcd to
have met with a frost at ot'os Bay,
where he1 made a speech nl the de
velopment congress. After telling
about the tariff and glories of Ore
gon, he was asked what he had dime
to deepen the harbor at Coos Hay
and his reply was not very satisfy
ing. ' Some one told what Binger
Hermann had done in congress nnd
Mr. Hermann received an ovation.
Should Mr. Hermann decide to
contest the nomination with Mr,
Hawlcv, the latter would have hard
sailing.
HOWELL PEARS BRING $3.70
PER BOX IN GHICAGO SECOND
CAR BARTLETTS BRING $3.15
First Car Sold in Chicago Brought $1549
Gross Cars Forwarded From
Chicago to New York
CHICAGO, Aug. 27. Xo Rogue River Bartlttts offered here
today, all being diverted to Boston, Baltimore, New York und,.
Kasleni markets. Trices here the sumo us yesterday.
A box of Howell pears sold Wednesday in Chicago for
.f.'I.TO, highest price ever paid for I To wells. The box was shipjicd
by Reginald II. Pursons. off the Hillcrest orchards, as uu expe
riment, i
The second eur of Koguc Kiver fruit was sold in Chicago
Wcdnesdiiv. and averaged $3.15 a box. It was shipped by the
Burrell orchards".
Detailed returns from the first car of Rogue River Burtletts
sold this season show that the car grossed $1549. ' The pears
uveruged $3.25, second quality $3.15. This sale was reported at
the firs of the week.
Can from the Bear Creek orchards, the Hilt-res and Bur
rell huvc been forwarded to New York, as they were in excellent
condition. . .;
Telegraphic reports received by the Tribune toduy show, the
following average prices paid for coast fruit in markets East
Wednesday.
Boston Bnrtlelts, $3.50; Malagas, $1.22; Tokays. $1.00;
Klbertas, 00c; Siisquchnnnns, 00c; Late Crawfords, 05c; Lovells,
(15c; Lemon Clings, 60c.
Philadelphia BaBrtlctts. $3; Giunts, $1.45; Gros, $1.40; To
kavs. $1.45; Orange Clings, 05c; Lovells, 55c; Malagas, $1.40.
New York F.ggs, $1.20; Silvers, $1.15; iGants, $1.35; Bartletts.
$3.1.): Tokays. $1.HU; Hungarians. $l.8:V
Chicago Bnrtlctts. $3.25; Elbertas,' 95c ; Lovells, 75c; Mul
gas, $1.15. J
A dispatch from the California Fruit Distributors Company
regarding California pears, says:
During past week shipped 145 cars. Pears show a material
dropuing off in shipments. There are but few Bartletts avail
able. Some Winter pears are now moving and only early orders
can be fille das the supply is quite short.
- 4- -f 4.
LEADER IN THE
DESCHUTES WAR
VISITING CITY
N. Randall, Brother-in-Law
Johnson Porter, Tells Stirring
Tales of Railroad War in '
Central Oregon
of
ARGUE MOID
TO DISSOLVE
INJUNCTION
WAS GENERAL OF THE
PORTER BROS.' FORCES
Is Here Visiting His Brother, A. C.
Randall, Resting From His Late
Strenuous Duties
MONDAY
City Attorney Neff Will Appear Be
fore Judge H. K. Hanna on
Next Monday to Resume
Case
WIZARD
sembly may appropriate money to aid
in the construction of a' road which
does not operate wholly within one
county, nnd which is not limited to
n particular county for a special pur
pose. "Our constitution has no provision
in prohibiting the legislature from
missing a law prnnting aid for the
IS
SICK UNTO
HISJEATH?
Contradictory Reports Out Regard
ing Condition of Great
Railroad King
Idaho boundary via Crater Lake,
and the fact that a portion of it
passes through Jackson and Klam
ath county does not change its char
acter from a stpte road to a local
road or make it a local or special
law.
Thero is absolutely nothing in the
constitution, states the appellants,
prohibiting the legislative assembly
from appropriating money for tho
const ruction of n state rood and tho
case of Allen vs. Hirsh is cited to
sustain tho contention ns lire numer
ous oilier eases out of Oregon. Ref
erence isimade to the case of Max
well y. Tillamook in which it was
held the act of appropriating $10,000
to aid Tillamook in the construction
of a wagon road was void for tho
reason that it applied to nnd oporat-
d in the county of Tillamook entire
ly und had no force or effect in any
other portion of the state. "It Booms
therefore to bo tlio settled doctrine
of this state ha he lcgislaivo us-
law to be general and uniform in
their operation."
Attention is called to the fact that
the respondents introduced no evi
dence, while the appellants intro
duce testimony showing thut this act
of the legislature was n general ap
plication to the entire stato of Ore
gon, and that the stato road mention
ed in said act if constructed ns con
templated therein it will ba a benefit
to the wholo people of this state 'and
aid in the development of the entire
state. Parts of the testimony of
witnesses is given nnd this testimony
stands uncontradicted and ' conclus
ively shows that the act of tho leg
islative assembly is a general law of
general application and will result in
lusting benefit to the people of the
entire state.'
Tho brief is signed by William P.,
Lord, Jr.. Colvig & Ro'nmos, W. W.
Cotton, William D. Ponton, L. B.
Webstor nnd Juntos K Fonlon, at
torneys for the iippellnnts.
RUMOR HAS IT THAT
HE HAS HAD CANCER
Wil dScenes Enacted on New York
Exchange Yesterday. Following
. Report Regarding Condition
NEW YORK, Aug. 20. Wild
scenes were ennctod on the stock cx
chaugo this morning, caused by the
ulnrining' reports that tho truo con
dition of Edward II. llarriniau's
health had not been made publio but
that ho was suffering from cancer.
The personal und business friends
of Hnrriniuu emphatically deny he is
so suffering. Thoy sny Ilnrriman
will soon regain his health and will
give baltlo to James J. Hill if the
Minnesota man is still looking for it
as reported.
A report is current that an oper
ation is about to bo porfonned upon
tlio railroad king. A recent visit by
Dr. Norman Dittmnn, n noted spe
cialist on kidney diseases, lends col
or to tho report.
PIONEERS
OF
COUNTY MEET
ASHLAND
Large Number of Residents From
All Sections of County Gather
ed Today in Annual
Reunion
HON. B. L. MULKEY WAS
ORATOR OF THE DAY
Jacksonville, County's First : Town,
Sends Largest Delegation of Any
One City in County
Stirring tales of the war between
the rival railroads in the Deschutes
canon, where the Hill forces under
Porter Bros, have completely out
generaled the Ilairiman forces under
Twohay Bros, and forced the latter
to retire to the vicinity of Madras,
where there is no dispute over tne
right-of-way, while construction of
the Hill line proceeds rapidly under
protection of the federal court, arc
told by H. N. Randall, a sub-con
tractor under Porter Bros., who is
in MedfordNvisiting his brother, A. C.
Randall, of the Talent orchard. Con
tractor Randall is also a brother-in-law
of Johnson Pprter. and had
command of the line of battle for
Porter Bros.
"Our camp was repeatedly en
closed by barb wire fences and our
supplies cut off by the narrimnn
forces," states Mr. Randall. "Har-
rinian purchased the ranch surround
ing our camp and fenced the roads,
but ns often ns the wire was strung,
we cut it and went through.
"Our survey -was about four feet
higher than that of Harriman's, and
the rocks our workmen loosened
rolled down on the Harriman forces
so they couldn't work. Then the
latter climbed the hill above our men
land rolled boulders down on them.
' forcing them to desist. Both crews
j spent several days in idleness, until
the federal court's injunction stopped
.the Harriman forces,
i "The rivalry between the two
gangs was intense, nnd frequent
quarrels naturally resulted, but as a
whole, good order prevailed. There
was no bloodshed.
"The ITnrrhnan forces had no com
plete survey to work on and their
efforts were simply to block our con
struction. Their line was' full of
curves, laid out to spoil our road."
Mr. Randall will return to the
Deschutes after a few days rest from
bv Judge Bean's injunction.
IF THE INJUNCTION IS
DISSOLVED WORK GO ON
If Motion Is Refused Case Will Go
Over Until September Term
of Court
On next Monday morning at 10
o'clock City Attorney Porter J.
Neff will appear before Circuit Court
Judge H. K. Hunna to argue hist mo
tion to dissolve the temporary in
junction restraining the city from
entering upon the Hawley premises
on Little Butte creek, and complet
ing the gravity water system.
If Judge Hanna grants ; Attorney
Neff s motion to dissolve the injunc
tion the city will be unable to go
ahead with the work. If he over
rules it the case will go over to the
September term and probably to the
supreme court.
MAY NOT CUT UP
OLD BYBEE TRACT
Planning to Operate Place as
Large Orchard Owned by
Potter Palmer Estate
One
Southern Oregon's pionocrs met
Thursduy at Ashland for 1lie" annual
rounion. A large number of pro
minent residents of. Jacksonville,
Medford, Central Point and other
districts attondod.
It. V. Mulkey was orator of the
day. J. C. Howard, who was sche
duled for an address, was unnble to
attend because of the illness of his
wife. ; ,
Among those attending from Jack
sonville wore Judgo Silas B. Day
and wifo. Mrs. Dora Hnrbaiigh, Mrs.
Cluis. Prim, Mr. and Mrs. WN R.
Colomnn, Mr. nnd Mrs. C. C. Bcck
mnn nnd daughter, Mrs. J. S. Mil
ler, Judgo K. B. Watson nnd wife of
Portland; Mrs. Anton Rose, Mrs.
Miller, Sr., Mrs. L. Ulrich, Mrs. Ku
hli, Mr. and Mrs. Chris Ulrich, Mrs.
ENGINEERS OFF TO COMPLETE
PACIFIC & EASTERN SURVEY
An engineering party will leave
Friday morning to complete the sur
vey for the Pacific & Eastern rail
road to Butte Falls. The latest sur
vey now ends at Rizclev Gav. 14
miles from Eagle Point
miles to be surveyed.
That the Modoc orchard, famous
as the old Bybec tract, may not be
subdivided and sold in small tracts
as first planned, but planted and op
crated as one of the greatest or
chards in the world by the Potter
Palmer estate, of Chicago, is a pos
sibility, according to W. A. Sum
ner, manager of the estate, who has
taken the property off tho markot
There are nearly 1300 acres, mostly
of bottom land, in the tract, which
lies along both sides of the Rogue for
two miles at Bybee bridge. All the
property can be irrigated from the
Rogue or from Little Butte Creek,
which flows through it.
Over two miles of the finest wire
fence in Oregon has been stretched
along the county road, and it is hog
and rabbit proof. The posts arc
painted white nnd high gates adorn
the entrances. Another mile of fonce
is being strung nnd tho old fences
leaving 10 movea,
Approximately 200 acres will be
set to fruit trees this winter. Ninety
moro acres will be prepared anil
planted to potatoes. Between 200
Something every business mn;i
nrntitc f tin mainti n n t a lt,nnti nl V. 11
Inn.l QAA ,,, i .
Nash grill each noon nn elaborate uuu UKn"' wm oe K0W" n grain.
menu. Price 35 cents.
Taylor, Mrs. Amelia Britt, Mrs. aKte
Hoffman, Ed Day. Mrs. E. Kinnoy
nnd Mrs. S. P. Jones.
Chns. Gillette, of Ashland, is pres
ident, and Judge Day socretnry of
the Pioneers' Association, which was
organized in 1886.
A complete contour survey of the
tract has been made by Cummins &
Osgood, and a contour mnp shows
every elevation on tho immense area,
ns well as the character of tho soil
and physical characteristics.
Who hns a furnished house to
rent? Three adults. Answer quick.
W, care Tribune.