.nvV Rogue Medford Daily FOURTH YEAR. CITY CAN HANLEY SAYS HE WILL ALLOW CITY TO CONNECT WITH WATER CM USE WATER WHILE SUIT IMPENDS Imposes Condition That Pipe Must Be Laid on the Top of Ground and He Be Absolved From Any Damage. HANLEY SAYS HE DOES NOT WANT TO HOLD CITY UP Contends He Is Only Standing On His Rights Will Furnish Free Use of Water to the City. As soon iih the gravity wntei' pipe line is completed to the llimlcy prem ises on Little Itutte creek, M. F. llimlcy will allow tho city to enter upon his premises mid construct u pipclinu to conneet with his irriga tion ditch from Little llnlto creek ot Wnsson canyon, ho that tho city can ho Kiipplied with water from the up per cud of its line. Tho only condi tion that is imposed is that tho city absolve him from any damages which might lie im.ioKod hy reason of the present litigation to cover which he lias up a $ 1(1,000 hoiid. This condi tion is not yut as vital as it would bo later, as thu pipclinu has not as yet reached his line and hence there has been no damage 1,1 'he through lack of water. The water with which the city will ho supplied in practically the same that will be obtained at the pennaiieiit intake, it being taken from Mr. Hnnloy'ft ditch loss than a half mile below where tho city propones to construct its permanent intake. Mr. llanley has long contended that he has not wanted to hold the city up, hut that he wan standing upon his rights and did not earo ni waivo nny of his points. In order to show Hint ho ic sincere in his statements he makes the present offer. An additional condition is imposed by Mr. llanley, and that is that the line across his land ho laid on top of the ground in order to prevent dam age to him through tho blocking, ns he says, of sub-irrigation, which has been one-of his main contentions for damages. This offer of Mr. lTanley's will nl low the city to bo furnished with a heller quality of water than is ob tained at present from thn open ditch of the Fish Lnko company at tho Ttrudaliaw drop, and will not mako no great ii difference ns to tho rush of settling Iho litigation, which at pres ent scorns tied up indefinitely. As soon ns Judgo Ilaniin rondors his de cision so that the case can bo ear riod to tho supremo court, tho enso will lje fought out in the higher tri bunal. However. Mr. TTnnloy intends to make a legal fight ns to the water right, which tho Fish Lakn compnny sold In the city. This fight will in nil probability noeessitnto cnrryr nu River Orchards Yield $1000 ROSS MUST DO FIVE YEARS IN JAIL SALKM, Or., Oct. If). The Httprcnm court this morning iitTinm'il I lie decision of the lower 'inirt, which convict- J. Thoibiirn Ross, the Portland hunker, who was president of the Title Ouiiran- T.... 1 .1. I il'o mini i:uiiijmn , Wllli'll Jllll- el two years ago. Iho mi- T preine court reversed the jail sentence of .500 years as nn- institutional. .The court's decision, however, menus that Ross must serve five years in the lienitcntinry. COMPANY SELLS 1 5.840 FLIES Success of Medford Hardware Com pany In Disposing of Fishing Tackle Is Phenomenal. During the fishing season on tho Rogue liver, which is rapidly growing to a close, the Medford Hardware company has disposed of over $4000 worth of fishing tackle. The com pany sold n 110 gross or 1.5.810 flies to local anglers. The heavy sales show the predom inance of tho sport in the Rogue Riv er valley. Each year sees a large number of ardent anglers coming from all sections of the United States to fish in the Rogue. 'The Medford Hardware, company made n specialty of its fishing tackle this season, of fering ns a prize an $80 fishing out fit to. tho nngler who secured the largest steelhend on ono of its flies. That advertising in The Tribune pays is shown by the enormous sales made by this company. Advertising the contest ixclusivelv in The Tribune it soon grew in popularity and kept ! tho boys in the hardware compnny on Hip jump handing out tnckle. GREAT-GRANDMOTHER GETS MARRIAGE LICENSE NORTH YAKIMA, Wash.. Oct. 19. Aecomiinicd by her granddaughter as witness and her great-granddnifgh ter as companion, Mrs. Sarah Wheol ock of North Yakima appeared at the county auditor's office with Herman Sanftcnberg, of Kionn, to reipiise n mnrringo license. Mrs. Wheelock is 02 and Mr. Snnftcubcrg 58. thi case to (lie supromo court a sec ond time, nnd if it tnkes as long ns tho first gives promiso of doing, it will be several months nt least before the question hns finally passed through Iho court to a final determin ation. Tn making this offer Mr. TTnnloy wishes it undoustood that it was not made through any four of losing his case, hut rather Hint he did not care 1o shut the filyoff from a better w."1' supply. . MEDFORD, OR EG OX, ENTER 40 ACRES SOLD EASTERN MAN 'FOR Hunt Lewis Place Near Central Point Is Sold to a Boston Man , at $825 an Acre. IS SPLENDID BUY; ONE OF BEST IN THE VALLEY Thirty-Two Acres Set to Six and Sev- en-Year-Old Commercial Apples.- The Hunt Lewis orchard, a mile and a half east of Central Point, con sisting of 40 acres, has been sold to Kdward L. Lane of Boston, Mass., for $.'15,000. or $825 an ncre. Tho prop erty was purchased by Mr. Lewis last fall soon after he had disposed of the Bear Creek orchard, and is one of the most desirable pieces of prop erty in the valley. On the place are 32 acres of Spit zenberg and Xcwtown 6 ami 7-ycar-old applo trees. This orchard is ono of the most profitable of tho young orchards in the valley and Mr. Lane was fortunate in obtaining it at that figure. John D. Olwell made the deal. Mr. Lewis will probably be in the field for another orchard in tho near future. , SAN FRANCISCO IS HAVING GREAT TIME AT PORTOLA SAN FRANCISCO, Oct. 19. The city by tho Golden Gate came iitto its own today when n million ban ners and more than half n million people greeted tho arrival of Don Caspar do Portoln on his discovery of the "new" San Francisco. With his arrival was the signal for five days of merriment and carnival. The warships of many nations are pres ent. Congratulations from all quar ters of the globe are being received. A grent military pnrade, including armed soldiers of England, Japan, Germany, Italy and the Netherlands, will take place, which .will be the first force of armed foreign power to march in California since the Span ish evneuntion. EVERY STATE HELPS FEED NEW YORK'S POOR NEW YORK, Oct. 19. The finan cial statement of the New York ns? socintion for improving tho condition of Iho poor during tho last yonr shows that every slate and territory gave liberally for the relief of the desti tute in this city. Mo Co than $200,000 was contributed, but the demands we're so great that the association spent ifv.2,000 moro than it received.' $35 000 TUESDAY, OCTOBER 10, ON 130.000 1MB LAND NEAR TRAIL D. E. Green Completes Deal Whereby Eastern Men Acquire 6000 Acres of Jackson County Timber. LARGEST TIMBER SALE EVER MADE IN COUNTY New Owners Will Develop Tract and Add to Their Holdings in Near Future. D. E. Green, the veteran timber cruiser of Jackson county, ha3 just closed a deal whereby 6000 acres of timber land on Trail creek becomes the property of eastern capitalists at a consideration of $280,000. Mr. Green withholds tho names of the purchasers at the present time, but states that they plan to develop their holdings as wclbns add to them in the near future.' . This is probably the largest single timber deal ever made in Jackson county and is one which Mr. Green has long been nt work upon. Setting himself the task of interesting east ern cnpital in local timber, he kept at it until the deal was finally closed. The deal means much to Jackson county, for tho development of such a large tract means a large payroll. Mr. Green is to be congratulated on his success. KLAMATH COMPANY ASKS DAMAGES AND INJUNCTION PORTLAND, Or., Oct. 19. Ask ing the court to award $50,000 dam ages ultimately and an injunction re- j straining a branch Hnrriman railway lino from obstructing navigation on Klamath lako, the steambont line op erating on those waters this morning filed a complaint in tho federal cir cuit court. In the complaint it is set i forth by tho injured concern, known ns the Klamath Lake Navigation company, that it has been operating the steamboats on Klamath river, strait and lower lake for some time. When the California-Northeastern Railway company began building its track to Klamath Falls, n Hue of piling, was driven across the waters known as the strait. 12 miles from tho state boundary line, wholly ob structing the channel of tho steam boats that had been wont to ply along that course. C. W. Fulton appears as attorney for the steamboat com pnny, while W. D. Fenton hns ac cepted service on behalf of tho rail way line. As the obstruction wns placed April 4 of this year, it is not n, very recent piece of work; The court will net upon the request for injunction when it convenes again, and after deciding whether or not im mediate relief is necessary, will pro ceed to determine tho general case upon its merits. an Acre Tribune 1009. -M. SURVEYING CREW BEYOND BUTTE FALLS . The party of surveyors who are locating the line of the Pacific & Eastern have es- tablished new headquarters nt Uoiibleday's place, two miles above Butte Falls, mid are continuing the survey toward the Crater Lake country and - " Klamath valley. The party is in the charge of E. B. Saw- yer. 4 EARLY HEARING IN THE CRATER LAKE ROAD CASE Was Set for October 20, but Was Postponed Owing to Inability of Fenton to Be Present. DECISION SHOULD BE GIVEN IN NEAR FUTURE If Favorable, It Will Allow the Entire Season Next Year to Be Used in Construction. Clarence Renmes has been advised that the Crater Lake road injunction case has been set for argument in the supreme court on October 20, but that W. D. Fenton could not possibly be present at that time to make an argument, and so Mr. Reames has requested that it be postponed for ten days or two weeks. However, the case will soon come up in that court for argument and duriug the winter a decision will probably be rendered which, ff favorable, will allow con struction work to start in the spring, i The news that the supreme court is willing to take this case up thus early in the present term was hailed with delight by tho loenl people who are making the fight. The matter will be settled one way or tha other before many weeks have elapsed, and in time for all preparations to be made so that a full season's work can be accomplished next year. Benjamin F. lleidel, tho government engineer who was sent here to take charge of tho work, will arrive soon to locate a road for the forestry service through the Fish Lake pass, nnd from nil indications lie will be here when the case is decided, so that he can start work immediately upon the specifications for the road, so that contracts can be let early in the FRANCE IS WARNED AGAINST CLERICALS PARIS. Oct. 19. Joseph- Caillaux, former minister of finance, in a speech nt Bonnetable todny. warned tho country of tho danger of a re crudescence of clerical activity against the government schools. Ho declared that textbooks of - unques tioned history hnd been interdicted solely beennse they failed to eulogize such incidents as the St. Bartholomew massacre nnd the revocation of the edict of Nantes. HAMIEY Oreyon Historical Society v Annually No. 182. WILL FIGHT FOR TO Rogue. River Fish Protective Asso ciation to Be Incorporated and ' Determined Fight Made to Close River.' ' ' WILL PROVE REMUNERATIVE ; AS SPORTSMEN'S PARADISE Petitions Will Be Put in the Field at ' Once and Press Bureau Es tablished to Educate. - v-- The Rogue River Fish Protective association is to be incorpotated and a determined fight to be made to close Rogue river to nil other fishing except- with rod and line. Men are to be put in the field at once petitions asking that the matter be submitted to the people of the. state at the next general, election, at which time it will be voted on by the people at large. A press bureau is to be established and a systematic campaign waged for the carrying of the measure. The meeting of the association will be called in the near future and the work got under way. The Rogue has long been known as one of tho finest trout streams in America and bv shut ting out commercial fishing which en riches a few individuals it is hoped to perpetuate the stream as a sports man's Meccn. At the present time from all sections of the United States anglers come to enjoy a few weeks' sport in the Rogue. These anglers nre for the most part wealthy men . who enn afford to go to the far quar ters of the globe in search of this superb sport, leaving behind a trail of dollars. It is a plan of the association to have the stream closed to all com mercial purposes from its source to tidewater. The government hatchery nt Trail will then be used exclusively for the propagation of trout, a--1 the fame of the Rogue as an n--r'er's paradise will be spread far and near. The river will then be of a far greater benefit to the people at largo than nt the present time, when it is used to enrich a few at the expense of tho mnnv. COUNTY CLERK IS BUSY ISSUING HUNTING LICENSES The county clerk's offico is doing little these days but issuing hunting licenses. Fro mall parts of the coun ty on Saturday camo demands for licenses, so that local nimrods could take the field after feathered beau ties on Sunday. Tho comity treasury is riclier by $2700 due to fishing nnd hunting licenses. Sixteen hundred li censes hnvc been issued, 1100 for fishing, and more continue to come in. The receipts last year ii littlo over $2000. LAND CLOSED TIDEWATER