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3BFORB Daily
Pin
RIBUNE
FOUliTJI YEAR.
MEDFORD, OltEGOX, TUESDAY, OCTOHER VI, 100D.
No. 176.
I
FOR APPEAL
City of Medford Cannot Take Suit
(or Rlijht of Way to Supreme
Court Until Hanna Gives
Final Decision.
JT MAY BE FOR YEARS,
IT MAY BE FOREVER
Merits of Case Not Yet Gone Into
History of Litigation Up-to-Date
Decision Causes No Surprise.
Judgo IIuuiiu'h verbal ruling ren
dered Monday refusing to dissolve
lliu iiijuiii'linti ruMtrainisitf tlio city
from entering the premise of M. V.
Huulcy hikI luying tho gravity wntor
pipe does nt give llio city a nglit to
appeal (hi) cuso to the supremo court,
iiinl tlio city must awnit Judge IIiiii
iiii'h leisure in rendering n final de
cision before mi ii i ifjil can ba ,luk
ini. This dei'ision limy lo forth
coming at 'I'" conclusion of tlio jury
trinls now in progress, or it limy bo
indel'ininloly delayed, according to
I he pleasure of the roui't.
In his verbal ruling Judge IIiiiiiiu
evidently refused to dissolve! the in
junction on general principles, ns ho
did mil enter into llio legal merits of
I ho ohm', admitting tlmt lie luid ron
doled bis decision on llio pleadings,
nnd bad not bad lime to fully inves
tigate ill" point at issue.
Judge lliiuiia's ruling and Attor
ney Kcniiie.-.' success in further de
laying for bis olionl. M. F. Ilanley,
the oily in tbe oomilotion of is grnv
ily wntor system, aroused no surprise
in Modford. It was expected, in view
of Ibo uniforin character of Judge
llunnii's rulings, but disappointment
is expressed on nil Bides that it is not
yet possible to nppeal the enso and
that an indefinite: delay must still
follow.
The liistorv of the legal efforts of
the city to secure a right of wny over
(bo Ilanley ranch is ns follows: A
motion was made early in Juno to tix
tho amount of deposit the city should
make as a condition to their entering
Hanley's promises. Judge Hanna de
nied this, holding that the city char
ter provision under which Ibo ap
plication was iiiado was invalid.
A motion was then mndo, pursuant
to section 5000 of the statutes, to
hnvo a bond approved, with tho same
end in view. This' wiih denied by
Judge Ilanun on tho ground that the
statute did not apply, to n munici
pal corporation, but only to irriga
tion companies.
Tho oily then asked Judgo Hanna
In cull a special lorm of court to try
ho onndcmnalion case. This applica
tion was denied by Judge Ilnnnn,
who slnlod that be wauled to enjoy
his vacation and thai, tho city should
have brought Ibo notion sooner.
The city then nppenled to tho gov
ernor, asking Hint nn ouUido judge
be appointed to Iry tho enso. Gov
ernor Benson sent Judgo Coko of
Mnrshfiold, who tried Ibo enso nnd
gave tho city a judgment for the
appropriation of tho right of wny,
tho nniount tho jury awarded ITnn
ley, $(100, having been deposited in
.court.
Judge Hanna (hen immediately is
sued an injunclion against tho judg
ment given by Judge Coke, although
il was still vacation time. There the
matter rests and will rest until such
lime ns a final decision can be got
out. of Judge Ilaiina Hint enn bo appealed.
1
AWAIT
r
CRANE IS RECALLED
AS CHINESE MINISTER
WASHINGTON', Oct. 12.
The sliilo depnrtiiHMit Ibis nt't-
cnioon iiiinoiuiced the resig-
nation of Chillies . C'rano
as minister to China. Crane,
was recalled from Sim Frnn-
cinoo a week ago as be wns
about lo embark. It is thought
Ibo Hale department deemoil
ho Inll.ed loo freeiv.
APPLES SELLING
AT $2.25 A BOX
Effect of Winning Capital Prize at
Spokane Apple Show on
Wenatchee District.
"Weiinlcheo apples arc selling at
from $2.25 lo 3 n box on Ibo tree,"
stales W. I). Finley, assistant mana
ger of tbe national apple show at
Spokane, who visited Wenatchee last
week. ''Tho high price is duo large
ly to the fact that a Woniitoheo or
chard carried off first prize at the
Spokane, apple show Inst year, nnd
the couscipicnt advertising has made
a demand for fruit from the prize
region.
"This is one of Hie reasons why
the Modford and Hogue Hivcr valley
i district cannot afford ot be unropre
soulud at the apple show this year,
j The Washington districts arc filled
with cash buyers this year, largely ns
J ii. result of the displays' they made
Inst yenr,"
IrosM'ots favor several displays
from this section. A. I). Helms has
signed up for n our of Yellow New
town l'ippius for the sweepstakes
prize niid Tronson Guthrie n car of
Spitzcnborgs for the same. F. II.
Hopkins will send a car, provided tbe
buyers consent. J. A. Terry may
send one. Smaller displays will be
made by C. E. Whisler, A. I). Helms
and olhef growers.
MANHUNT BEGINS
FORJiLLY BOY
Three Heavily Armed Posses Leave
Banning, Vlctorville and Redlands
In Search of Desperado.
SAN BERNARDINO, Cnl., Oct. 12.
Bcforo nightfall three posses, com
posed of tho bust marksmen in San
Bernardino and Riversido counties,
including many who have, spent the
greater purl of their lives in tho des
erts of southern Sulifornin nnd Nc
vndn, will bo on the trail of Billy
Boy, tbe murderer of Indian Mike
Bonit'aco and his daughter Mary Nita,
known among desert Indians as Iso
letn. Under tho londeringship Depu
ty Sheriff Ben Do Crevooeur, the
first party of man hunters loft Ban
ning early last night. It comprised
a dozen plainsmen, hastily sworn in
as deputies, two Indian trailers and
ten pack mules enrried Ibo provis
ions. At sunriso today a second pnrty
moved from Viclorville. Twenty
four mules enrried tho provisions of
Ibis pnrty. Deputy Sheriff Oeorge
Ilcwius, familiar with overy part of
this section of (lie desert, will hend
u third posse from Redlands Into this
nfternonn, The three parties will
meet in Tbe Pipes country, where un
der the command of Sheriff Ralphs,
the rent hunt begins.
TWELVE HUNDRED LOSE UVES
IN HURRICANE THAT SWEEPS
KEY WEST AND GULF COAST
AH Wires Down and but Meager Reports Received Concerning Disaster
by Wireless Fears Entertained for Safety of Three Thousand
Workmen on Florida Keys Loss of i-ife Is Greater
Than Was First Reported.
PROPERTY LOSS EXCEEDS TWO MILLION DOLLARS:
CITY OF KEY WEST REPORJED COMPLETELY RUINED
Four Hundred Railway Builders Reported Drowned Only a Few Ships
Left Out of Hundred in the Har bor Substantial Buildings Are
Twisted to Kindling Wood by the Storm!
i
NKW ORLEANS, Oct. 12. Not
less than 1200 hundred persons lost
their lives in tho hurricane and cy
clone which yesterday swept over
Key West, according to a wireless
received hero this morning from Tam
pa. Tho piopcrly loss will exceed
$2,000,000.
Tlio city of Key West is reported
almost totally wrecked. All substan
tial buildings in the town were twist
ed by tho tornodu and reduced to kin
dling. All wires are down. It is be
lieved the loss of life will bo greater
I lin n at first reported. Four hundred
men engaged in building a railroad
on Florida Keys are reported uinong
the dead. Hundreds of others are
injured.
THIRD TRIAL OF
Jury Selected to Hear Testimony
Aagainst Man Accused of Slay
ing James Mankin.
Tho third trial of Charles H. Wals
worth for the murder of James Man
kin in December, 1908, is on at Jack
sonville. The first trial resulted in
a conviction for manslaughter,' but
a retrial was granted by the supreme
court. Tho second trial came to an
end through a juror's illness last
month.
Tho following accepted jurors are
hearing the evidence in the case: J.
V. Corunban. E. E. Gore, H. J. Tay
lor, II. G. Myers, Jeff Neil, N. D.
Brophy, Wclborn Beoson, Meriam
Hartley, Jeff Hodges, W. D. Vincent,
R. P. Little and F. U. Allen.
District Attorney Mulkey is assist
ed in the prosecution by C. L. Renines
and tho defenso is represented by
Robert G. Smith and Judge E. E.
Kelly.
NEW COPPER WIRE IS
BEING STRUNG NORTH
The Western Union is stringing a
now copper wire from Ashland north.
Work began today ond the wire will
reach Modford in a week's time.
It is reported that tlio Western
Union has lost the Associated Press
business nnd thnt tho Postal will
hereafter lease a wire to the Associat
ed Press.
NOTICE.
Tuesday evening, October 12 be
injj; social night . with chrysanthemum
circle N.i. 81, W. of W., nil members
of tho enmp ore invited to be present
nt A p, m. By oi'dcr of ho
170 (Jonumttep. .
Three thousand men were working
on the ipiilrond on the Keys, and
fenrs are felt for their safety. Of
the hundred ships anchored in the
harbor only a few arc left. A num
ber of these were driven to sea and
have not been beard from.
A wireless message from n vessel
near Key West states that 800 lives
were lost on tho Florida Keys. This
j brings the reported dlist of dead to
i 2000. After this message came a
i jumble of words, few intelligible. This
lends to the belief that the operator
.was endeavoring to describe the pan-
ic which occurred raring the tornado,
j The name of the vessel has not been
1 ascertained.
GRAND JURY-WILL
Court Orders Same Jurors to Probe
Case Against Robbers of Deuel j
& Kentner's Store. j
, Judge Hanna ,Tuesdaj morning or
dered the grand jury to again con
veue to probe the charges ngaiust
the suspects bound over by the jus
tiee court for' robbery of Deuel &
Kentner's store. The thieves are ac
cused of having got away with $3000
worth of .merchandise, which they
have cached somewhere. t
, , i -:. , . . ii ! j I
OREGON'S GROWTH SHOWN j
IN TREASURER'S OFFICE
SALEM, Or., Oct. 12. Business in
the secretary; of state's office during
tho past year hns grown almost be-
youd comprehension. The fees pnid
in to the treasurer between October
I. inOS. and September 30, 1000, were
$n.334.f)8 os against if53.052.OH be
tween October 1, 1007, nnd Septem
ber 30. 1000., ; This is nsido from the
insurance business, which was con
siderable and which has been deduct
ed from the fees of the secretary of
Male's office since March 1. 1909,
when the new office of insurance
commissioner was created during the
firft nine months of 1909, 10(54 au
tomobile ; licenses were issued : as
r.jrninst fi43 for the same period in
;oos. i:
The state treasurer's statement for
ibo same period shows n grenter
amount of loans of school funds out
standing than ever before. Every
month a greater number of applica
tions are approved. , 1
Mrs. IT. S. Biiekmnstor hns a fine
turn cucumber on exhibition which
she raised without irrigation,
DIAZ SPEEDING TO
MEET TAF TAT BORDER
MEXICO CITY, Mex., Oct.
12. President Diaz is speed
ing northward on the first leg
of bis journey to meet Pres
ident Taft at El Paso,- Tex.,
on tbe bridge midstream over
the Rio Grande. He left here
last night and will be given a
reception at Chihuahua.
f
DETROIT VICTOR
IN FOURTH GAME
World's Championship Series Now
Stands Two and Two Four Uni'i
pires In Game for First Time. . ',
DETROIT, Oct. 12. With the se
ries for the world's championship
standing Pittsburg 2, Detroit 1,'the
Tigers and Pirates battled this 'aft
ernoon for the fourth game. The
Pittsburg lineup was unchanged with
the exception of Liefield pitching.
Detroit's lineup is the same, except
Stanage relieved Schmidt behind' the
bat and Mullin is pitching. Umpires:
Klein of the National league behind
the bat, Evans on the field, John
stone and O'Lougblin on the out
skirts of the crowd. Four umpires
for the first time in the history of
the game. !
Both Detroit nnd Pittsburg scored
ciphers in the first and third. Detroit
started the scoring in the second,
piling up two runs' and three more hi
tbe fourth.
Score by innings:
Pittsburg ..00000000 00
Detroit 0 2 0 3 0 0 0 0 05
Hawley, for Detroit, fanned nine
men. '
EAST SIDERS ATTEMPT
TO PREVENT WASHOUTS
A short time ngo work was begun
by Thomas Collins and T. Knytor,
two East Side property owners, on
cribs designed to keep Bear creek
from cutting into adjoining property.
Eight of these cribs have been com
pleted at a cost of about $20 apiece,
Kuylor and Collins footing tho bill.
This covers their holdings along the
creek, but will not prevent further
wnsbouts unless those who own prop
erty above theirs take up the work
Mr. Kuylor says that if the East
Siders who are interested will buy
the lumber and fill the cribs, he and
Collins will tuit them together.
The ' need of such protection ' is
great, as not only will the creek cause
loss to those who own property bor
dering it, but property values will
lower materially in the entire precinct
as a result of such Joss. , t
SUIT FOR LOWER RATES
BEGUN IN PORTLAND
PORTLAND, Oct. 12. Interstate
Commerce Commissioners Knapp,
Cockrell, Lane, Clements, Clarke nnd
Ilarlaii todny begin hearing evidence
in the important ense of the chamber
of commorce of this city against the
O. R. & NT. and its connections for
owcr distributive rates out of Port
nnd. An array of legal talent will
nppenr for the railroads, while J. K.
Teal will guard the interests of tbe
manufacturers nnd shippers.
PRESIDENT TAFT VISITS "
ANGEL CITY AND SUBURBS
LOS ANGELES, Cnl; Oct. 12.
Although President Tnft did not re
tire until Into last night after the
bniupiet in his honor nt tlie audito
rium, the president was abroad early
today. lie visited the veterans' home
at Snwtello in the morning and then
visited Los Angeles suburbs.
7T
1 5,000 ACR
if ;-.;
OF FRUIT TO
BE
i
Last Year's Record Will Be Exceed
ed During the Coming Wintr by
': New Orchards In Medford ....
District Big Orders.
SHORTAGE OF PEARS ,
,'"," 7 AMONG PREDICTIONS
All Nurserymen Report Demand Ex-
' ceeds That of Record Year More .
Pears Than Other Varieties.' i,1
Approximately v 15,000 acres ;; of
fruit trees will be planted during the
coming winter in the Medford dis
trvK. according to tho estimates of
Fruit Lispector G. W. Taylor and the
various nurserymen. Some! of this
acreage will bo Teplant, but indica
tions are that last year's acreage of
uew orchards will be exceeded.
Fstimates made show that at least
three-quarters of a million trees will
be p'anted. Pears are' in a majority
apples second, peaches third. There
p'-o uises to be a shortage in pear
stock and it looks ac if pear tree3
from every locality will be shipped
iu. . .. ,. ,
' : Every nurseryman rexrts increas
ed orders o-er thi.si on hand at this
tin e :i yenr at."i, and the big demand
is for pe.irs of all varieties, but prin
cipally Bartletts, (TAnjous, Cornice
ami Winter Js'clis, SLd for Newtown
and Siiii.oiiberg npplts. with a sprin
kling of Jonathan, Winesaps and
Uabiivius. . , . . . t ,
For the first tiir.f: in the valley's
history there id bo an adequate in
spection of nursery stock this sea
son and the importation, of pests is
at an end. , .
This year's planting will make a
total of over 50,000. acres of orchard
tributary , to Medford. . '." ' '
WILLAMETTE PRUNES
NOT BIG ENOUGH
SALEM, Or.' Oct. 12.'According
to. the packers in this city the con
tracts for the bulk of the prune- crop
in this vicinity mode' bv tho Willam
ette .Volley Prune Growers' associa
tion with eastern buyers are practi
cally valueless, for on the drying the
sizes have so shruuk that, very few
are of - sufficient size to meet tho
terms promised by the growers. '.Such
is the predicament in which tho Sa
lem prune growers find themselves,
the crop is big and is almost gath
ered, but the quality is not such as
will allow the eastern contracts to bo
filled. ., . ,.
When it .was seen thnt the prunes
this' year would not reach tho quality
desired to fill the biggest contracts
the eastern buyers wore wired and
asked if they would accept the small
er sizes in lieu of the 30's contracted
for. ' '':!
"Certainly," answered the buyers,
"but not nt the price our contract
cnlls for. If we must nccept an in
ferior grade we cannot be expected
to pay the highest price." ; ,
There is no contract practically for
tho bulk of the Willamette Valley
prune crop as this situation reveals.
The growers may he oblo to pell their
prunes to the contractors at a, re
duced price, but many will undoubt
edly be compelled to seek a now mar
ket. '
PLANTED