Morning Oregonian., September 05, 1916, Page 9, Image 9

THE 3IORXIXG OREGONIAX. TUESDAY, SEPTEMBER 5, 1916.
0
K
nflAGUEAY ESTATE IS
UPHELD BY COURT
OBI
ft
Our New Three-Room Outfit
Passing the
'Awkward
Age
Delivered to Your Home
for $12.50 cash
Company's Rights Defined in
Decision in Rogue River
. Fishing Suit.
Our "Dignified CredH" Plan of paying m little Jast an 70a can covers tho complete
f arnlBhlnfCB of an entire bonne or slng-le room and. because we nave made a spe
cialty of Complete Home Ontflts for no many years we have been able to rednee
the cost to the lowest ponslble point for Junta nee this particularly attractive
Three-Room Outfit, which Is the best combination of rood Quality pieces that we
have ever assembled.
INJUNCTION IS PERMANENT
II. A. Seaborg and 79 Others Are
Enjoined From Malicious Inter
ference With Salmon-Taking
Operations.
' MAEBHTTELD, Or., Sept. 4. CSpe
Wrfai.) J u dare John 8. Coke, who pre
sided at the August term of court In
Curry County, handed down a decision
la the noted Rogua River suit -which
Involved B. A, Seaborg and 79 other
defendants, fishermen, employed at
the Seaborg- cannery. The eult was
started last year and some of the de
fendant were brougrht to Coos County
for a bearing, but the trial was after
wards held before Judge Coke at Gold
Beach, - Judge Coke having: dismissed
at Coqullle the case against the ma
jority of the defendants.
The purpose of the suit was double,
to enjoin the defendants from trespassing-
upon the tidelands of the
plaintiff, tie Macleay Estate Company,
and to enjoin the defendants from ma
licious interference with the .plaintiff
In its fishing operations. Judgr Coke.
In his decision, made the Injunction
permanent.
The case first came to public notice
last season when R- L. Macleay, acting
for the Macleay Estate Company, com
plained that the Seaborg fishermen
were maliciously interfering with his
seining crew by drifting their nets in
side the olrcle made by the seine,
and also that the opposition fishermen
trespassed upon his tidelands in their
operations.
Estate Own River Banks.
The Macleay estate owns all the
river banks from the ocean to a point
12 to 16 miles up the river, with one
or two exceptions, the only available
point for the Seaborg fishermen reach
ing the waters of the river being a
county highway which crosses the
Rogue River west or weaderDurn ana
on the Gold Beach side north of that
city, and a small tract on the Alf Miller
waterfront, where the Seaborg cannery
Is situated.
Before the Injunction was Issued In
1915 the Seaborg fishermen had utilized
a portion of the beach near the bar
for obtaining access to the river, and
this Mr. Macleay objected to and finally
fenced all the waterfront in both the
"Wedderburn side- and the Gold Beach
bank, leaving the county roadway open
on each side of the river.
When the suit was brought, and aft
erwards, Mr. Macleay alleged that he
had lost from time to time cattle,
sheep and other animals on the farm,
and had found where they had been
.butchered and parts of the carcasses
left on the spot where they were killed.
It was to protect hlmsell against this
raiding that he based his desire to
keep people from trespassing on his
properties.
Judge Coke in handing down his de
cision gave it in a written statement.
Regarding the equal rights of all to
enjoy fishing on the Lower Rogue he
said in part:
Rights to Fish Common.
"The right to fish for salmon in
Rogue River is a right in common,
given to all citizens of the state, but
such fishing operations must of course
be carried on and conducted with due
regard by one fisherman of the rights
of others. While the right of naviga
tion and right of fishery within Rogue
River are rights common to all, neither
the right of navigation nor the right of
fishery carries with it the right to tres
pass upon the lands of the plaintiff or
any other owner of lands along the
. riven. Nor does the right of naviga
tion or of fishery carry with it the
right of malicious interference by one
person with the rights of another.
"The right of navigation is superior
to the right of fishery, and the rule
Is the same with reference to naviga
tion as it is with the right of fishery.
bo far as each navigator or person be
ing required to respect the rights of
the other. No person is permitted to
maliciously Interfere or annoy another
in the right of navigation. The rights
of the plaintiff and those of the de
fendants are Identical."
Judge Coke referred to the Im
portance of the fishing industry on
the Rogue, which sometimes in the
past has netted as high as $65,000
torofit to those who operated the can
nery which formerly belonged to the
Hume estate. In passing his opinion
Judge Coke wrote at some length on
the legality ofi seining, in part as fol
lows:
Fishing lair Defined.
"The law permits the taking of fish
from Rogue River below the Illinois
River by means of set-nets and drift-
nets, within certain periods, and also
permits the taking of salmon from
said river by means of seines during
a more limited period, so that the right
to fish with seine is recognized by law
and this means of carrying on the fish
ing business within the limits pre
scribed is as lawful as any other means
of taking salmon from the river. The
difficulty In this case arises largely
from the fact that the plaintiff is the
owner of the seining grounds for a con
siderable distance up the river from
its mouth.
"It must be borne In mind, however.
that the plaintiff has lawfully acquired
tnese grounds at a cost or many thou
sands of dollars, and that It is as
sessed and pays a tax upon these sein
ing grounds to the county, and yet the
only value these lands have is confined
to their uses as seining grounds. They
are apparently worthless ami valueless
for any other purpose.
The complaint charged that the de
lenaants acted in concert and con
spiracy" for the purpose of Interfering
with fishing, and particularly with
seining. Judge Coke advised as fol
lows regarding his findings in these
charges:
. "From the testimony it appears that
a number of defendants, evidently act
ing together, and by pre-arrangement.
appeared at different times at the
places where seining operations were
being carried on during daylight and
while the waters of the river were
clear, and when gillnet operations were
not customary or usual, and . placed
their boats and nets In such position
as to interfere and in some instance:
render seining impossible.
Numerous Offenses Charged.
"Defendants refrained from begin
ning their operations until plaintiff
undertook to lay out its seines, and
the defendants usually ceased opera
tions as soon as the seines were hauled.
The nets of the plaintiff were burned
with acid: a fence enclosing the 'tide
lands of the plaintiff was torn down
and burned: numerous trespasses were
committed upon the enclosed lands of
the plaintiff."
Referring to the tidelands the de
cision says that the "tidelands are in
no sense a public highway and are sub
ject only to the right of navigation
and tho right of fishery; but those
First long:
feel so 'proud again.
Don't spoil his pride by getting
men's clothes cut down. Some
shops are apt to do this.
We have a special range called
Student Suits designed especially
for youths of this type of figure.
They bear this Label.
Clothes for Young Men
Washington
rights do not extend to the landing of
boats and the trespassing of persons
upon the lands above the waters of
the river. Such trespassers would be
come liable criminally and civilly In
such acts."
Going .farther Into tho matter. Judge
Coke safd: "I am supported by Judge
F. M. Calkins' opinion, after hearing
the evidence in two contempt proceed
ings, involving two of the defendants,
that the operations of the defendants
were in an effort to maliciously Inter
fere and not honestly to conduct and
carry on legitimate fishing for, sal
mon." In conclusion the decision advises
that all unlawful acts ought to cease
and should be condemned by the fish
ermen and cannerymen themselves, and
all other citizens of the county should
insist for the peace and welfare of the
county that the fishing industry be
carried on lawfully and that viola
tions should be promptly punished, re
gardless of who the violators are.
ROAD AID IS SOUGHT
SITE RID AX, OREGON CITY ATTD
KLAMATH FALLS AFTER. FXTXDS.
Highway Commission Will Pass
Requests for Share of Money
Under Federal Act.
SALEM. Or., Sept. 4. (Special.)
Delegations from Sheridan, Oregon City
and Klamath Falls, will meet with the
State Highway Commission September
8, to seek aid under the recently passed
Federal bill for road construction.
A total of $206,481 is available' for
road work in the state at present, if
the counties meet the provisions of
the Federal act. The state highway
funds have already been pledged and
the cost must therefore meet the Gov
ernment appropriation, dollar for dol
lar.
It Is not probable that any work
will be done in conjunction with the
Federal Government this year. State'
Engineer Lewis said, because of the
great amount of preliminary work im
posed upon the state by the provisions
of the Federal act. It is not possible
for the Department of Agriculture to
act on any specif lo project until rules
and regulations for the administra
tion of the act are finally adopted.
Before considering any project, the
department desires to be informed as
to the scheme adopted by the state for
future construction and especially with
reference to provisions for the main
tenance of roads after they are built.
Reoently a delegation from Multno
mah County visited Engineer Lewis
with reference to securing aid for the
Columbia Highway construction. To
secure funds for the Mount Hood loop
It was suggested that work already
done could be used to meet the ap
propriation from Washington on the
dollar for dollar basis. Mr. Lewis has
been advised that no work done prior
to the making of a contract with the
Federal Government can be used in
obtaining United States funds.
3118 ARE REGISTERED
Voters In Clarke County Show Much
Interest In Primary.
VANCOUVER, Wash., Sept. 4. (Spe
cial.) Surpassing all expectations,
3118 voters have registered since Jan
uary 1. This was due, undoubtedly, to
the efforts during the last few days, of
the half a hundred candidates who got
their friends to go to the City Clerk's
office to register.
The primaries will be held September
12. and the registration books will re
main closed until after that date.
It is reported that the registration
In the country precincts this year, un
der the newx law requiring registra
tion, was heavy. Indicating that the
country voters are taking a great in
terest in the coming primaries.
MAGNET USED IN SALVAGE
Engineers to Recover Steel Supplies
From Tule Lake.
KLAMATH FALLS. Or., Sept. 4.
(Special) Several hundred feet of steel
pipe, a pump and numerous other arti
cles used in drilling and pumping by
the United States Reclamation Service,
now on the bottom of Tule Lake on the
Oregon-California line south of here,
are soon to be raised by the service by
means of a powerful magnet. The work
of -raising them will be supervised by
Engineer Shadier, of the Reclamation
Service.
The articles were being used when
the Reclamation' Service was drilling
in Tule Lake with the hope of forcing
an outlet for the lake into the lava
beds, and In that way be able to drain
the lake and reclaim its area.
Eugene Gets Carnival Companies.
EUGENE, Or.. Sept. 4. (Special.)
The Lane County Fair and Round-Up
have arranged with two of the larger
carnival companies to - furnish special
attractions for the Fair and Round-up
to be held in Eugene September 13, 14
and 15. Walter B. Jones, secretary, is
endeavoring to get special trains from
Portland ana aiarahfield,
trousers.
Hell never
and Their Fathers, Too
St. at Sixth
MATH'S PROFITS
HELD TO BE HEAVY
Oregon Victims Alleged to
Have Lost $30,000 to San
Francisco Promoter.
FEDERAL OFFICERS BUSY
Lane County District Attorney to
Turn Prisoner Over in Case of
Indictment by United States
Grand Tnry.
EUGENE, Or., Sept. 4. Officers of
the United States Government are in
vestigating the record of F. G. Mathl
son, San Francisco real estate dealer,
arrested in Oakland, Cal., yesterday,
according to a statement made today
by District Attorney J. M. Devers. At
torney Devers also stated that the au
thorities believe that Mathlson. who is
charged with having obtained title to
real estate in Lane and Linn counties
worth from $30,000 to $40,000 in ex
change for bogus abstracts of title to
Texas land, did not operate alone and
that other arrests revealing a con
splracy to defraud on an extensive
scale are probable.
District Attorney Devers today pre
pared requisition papers for Math!
son, 10 De signed by the Governor. In
the event a Federal charere Is nfrr
the state will likely turn the prisoner
over 10 me federal authorities for
i.nai, ne said.
In one of the letters in the iumkh
slon of the officers Mathlson is said
to have written that he had "unloaded
the Oregon stuff and had
well. The "Oregon stuff" referred to Is
alleged to have been land to which he
had obtained title In exchange for
alleged worthless abstracts of title to
lexaa iana.
Abstracts Alleged to Be Boras.
Attorney Devers stated today that in
the cases he had investigated, the
abstracts of title which on their face
were genuine and set up a clear chain
of title purported to have been nn4
by an abstract company which did not
exist, une records in the county in
"inwii me leias iana is located con
tain no recora or such abstracts.
Ihe land Mathlson purported to con
vey to the Lane County farmers alleged
" nave Deen swinaiea or their farms,
belongs to Mrs. H. M. King, reputed to
De a multl-millionarle. of Crirnim
uiisii, ih. i is -a part or Her rnnon
which consists of a Mexican e-i-nnt that
has never been subdivided. Her agent
Attorney Robert Kleberg, in. a letter to
uistrict Attorney J. M. Devers stated
mat Mammon was unknown to him
One Victim Was 1 6,000.
From Andrew Bossen. who swore to
the complaint against Mathlson. title
to Lane County land worth $10,000 and
5tuu in personal property was obtained
in exchange for an abstract of title
cauing ror azo acres of the Texas land
liosaen announced some time ago that
he had sold his. farm and that he was
going to Texas to develop his newly ac
quired land.
From Pierce & Denhel. of Pleasant
Hill, title to a 300-acre tract of Lane
County lands was obtained by Mathl
son.
Marvin Martin, of Brownsville. Linn
County, gave a deed for 878 acres of
Oregon land and a note for $2800 for
an abstract of title to 480 acres of
Texas land.
S. J. Johns, of Myrtle Creek. Douelas
county, was aDout to complete an ex
change of his property for Texas land
offered, by Mathlson. He took Math I
son s abstract of title to an attorney.
There was some question as to Texas
law and letters of inquiry written to
attorneys in Texas revealed that the
abstracts of title were not genuine, it
is stated.
HOP PICKERS ARE SOUGHT
Government Employment Office Has
Vacancies.
Hundreds of hopplckers are required
for work in yards that will be started
this week and next, says R. P. Bon
ham, of the United States Immigration
Department, and the force in his office
will continue to register those seeking
employment.
"In our list of yards we have some
where picking is to start Friday, others
Monday, and still a few the latter part
of next week," svys Mt. Bonham.
"While it is true a majority of the pick
ers have left the city, work In that
line Is not scarce by any means."
Since the Government has interested
itself in the task of providing help for
growers a system has been established
that aids both, grower and pickers, -
$127
Special Credit Terms
Dress Forms
$1 cash, 50c wk.
AUTOMATIC, COLLAPSI.
BLE, ADJUSTABLE.
A form that makes dress
making feasible at home.
No woman should be with
out one.
Price $12.50
The Very Newest in
Drapery Materials
NEW SCOTCH MADRAS
in rose,
blue, gold, brown, gray
and combinations
of colorings, 62 inches wide, the
yard
EXTRA. QUALITY VELOIR, In blue,
light and dark mulberry, the yard....
EICE1IEST SUXDOURS Plain Foreign
and Domestic Sundours, Sultana and Diana
Cloths, in gold, yellow, pink, rose, I QCfnCI RE
blue and two-tone effects, the yardOliuJ IUQIiUJ
ENGLISH POPLISS These new Poplins in
cerise, drab, mulberry, brown and
se. s and. bo-incb w l a t h s.
50c,
the yard
$39.75
The Biggest. Best-Constructed, Best-Covered Bed Davenport we have ever been
able to own and offer at this special price. The frame is full Colonial, very
massive in proportions, is fitted with a Seng TJnifold Spring and Is covered In
the highest quality of Spanish chase leather. The construction is so simple
that even a child can open it. It is a handsome, pleasing davenport during the
day. which instantly converts into a full-size comfortable bed. It is the big
gest value among the fifty Bed Davenports we show.
$3.00 Now Then $1.00 Weekly
FOREIGN SUITS MANY
MIS MATED COUPLES SEEK RELIEF
1ST OREGON CITY.
Thrown Biscuit la One of Nnmerou.
Causes Given In Actions Brought
to Procure Divorces.
OREGON CITT, Or.. Sept. 4. (Spe
cial.) An instance of the growing ten
dency of people of other states to come
to Oregon to take advantage of easy
divorce laws Is shown in the fact that
in three of four divorce suits filed
in the Clackamas County Circuit Court,
the couples were married outside of
Oregon.
Mrs. Blanche McGowan, who charges
cruel and inhuman treatment in her
complaint, married Louis McGowan,
linotype operator. March 16. 1912. at
He Guided try
HotHexS WhoKnovr;
The comfort and
emortiint: mother ia
welfare of the future child. In exer- syfy,
clsing caution be guided by the expert- ' yj
ence of hundreds who have found In
SI L2?
"Mother's Friend"
vere suffering and
recovery. It Is easily applied and its influence over
the effected ligaments Is soothing and beneficial. Oet
it at any druggist. Send for the free book on Mother
hood. Address
The Bradfield Regulator Co.,
209 Lamar Bldg., Atlanta, Ca.
THH CHAMBER Furnished with a two-inch-post Gold Bronze Bed. fitted
A with a supported spring and soft 60-pound Mattress: an Arm Rocker, a
Reception Chair, a Table with drawer and a Room-Size 9-by-9 Tyvan Rug.
Tim.g-ROOM These furnishings consist of Four Chairs. One Pedestal
1 Extension Table, an Arm Rocker, a Couch and a 9-by-9 Tyvan Rug.
THB KITCHEJT An A-B Sanitary Gas Range, a Kitchen Queen and a
Chair.
$2.50BringsThisSpendidAdjustabIe-BackChairtoYourHome
This Chair, as illustrated, is very large and comfortable and the back adjusts to twelve posi
tions. The frame is of quarter-sawed oak and the upholstering, which is on deep springs, is
done In Spanish chase leather. The chair Is an ideal one for the library or living-room. Has
a disappearing foot rest and soft upholstered back. The special price in connection with the
special credit terms provides a chair bargain that is seldom offered you.
Reduced Price $23.50
$19.50 Tapestry and Cre
tonne Upholstered
Kaltex Reed
Rockers $12.95
Kaltex Reed Rockers. Just as Illus
trated, with hand-woven reed bodies,
loose cushion seat with spring up
holstering below, in ivory, uphols
tered in cretonne or baronial cov
ered in tapestry. An ideal rocker
for the living-room and chamber,
large, comfortable, beautifully made.
Choice of Ivory or
Baronial Finish
mulberry.
J 25td$l 50
on your floor..
SI. 50 Inlaid Linoleums, the kind with the color
brown,
$2.50
9x12 Worcester Axminster
Rugs Extra Special Value. .
dark rose.
$1.00 $1,75
This Splendid Colonial Bed
Davenport in aOne Week's Sale
Pinkleyvllle, 111. She alleges that her
husband hit her with a biscuit, slapped
her face and threatened her life. She,
asks for the custody of their one child.
Another case comes from Colorado.!
Lewis McKlnnis alleges that Nellie Mc
Kinnls deserted him. They were mar
ried in March. 1904. in Leadville. Colo.
Non-support and desertion are
charged by Anna B. Saunders against
Charles H. Saunders. They were mar
ried March 29. 1908, in Portland, and
have one child, of whom she seeks the
custody.
In the fourth case the couple was
wedded in Vancouver. Wash., January
23, 1915. Mrs. Roberta Deetz. the plain
tiff, charges that her husband. Elmer
Deetz, called her names and was Jeal
ous of her, even flying into a rage
when she petted their cat.
Ashland Schools Open.
ASHLAND, Or., Sept. 4. (Special.)
Local schools opened today. George A.
Briscoe Is Superintendent and the force
of teachers numbers 34. A notable
addition to the system is the installa-
eecureness of the
essential to the s-
a way to eliminate se
insure your own rapid
Powers "Sterling" High-Speed
Sewing Machines Sold for Only
$122 Week
These splendid machines carry
the guarantee of one of the larg
est sewing-machine factories in
the world. They are shown in
some twelve different patterns,
each one the highest grade at Its
price. Take your choice of any
model on show and pay us the
small sum of Jl weekly. Remem
ber that each one of these ma
chines Is guaranteed by us. You
take no chance in purchasing, as
this firm stands behind every ma
chine it sells.
Ask for Demonstration
SPECIAL LINOLEUMS
60c Heavy Floor Oilcloth in a variety of different designs,
extra heavy weight, special, .the yard
80c Linoleums, fine new prints, big selection to choose from,
extra special price, laid on your floor
91.00 Heavy Printed Linoleums, a special grade with many
good patterns to choose from, unusual wearing quality, laid "
through to the back. A quality that will wear f or 0 I 17
years. Special price, laid on your floor v 1. 1 I
$24.75
Some fifty new patterns just opened. A direct shipment
from the mills of these New Choice Rugs which are suitable
for any room in the home. The quality is far in excess of
the Axminster rug offered by some stores at a very similar
price. Every one is absolutely guaranteed by us.
Interesting Items From the
Children'sDepartment
$4.00 Doll Perambu
lators, with hood and CO QQ
reed side insert, at OiOO
3.25 Hand-Woven
Reed Child's Rockers
reduced to
$1.65 Round Kinder
garten Tables, painted
red, very strong and
substantial, now
Hy-Go Baby Jumpers,
extra special price
$2.15
$1.39
$1.39
I
tlon of a Junior high school, which, as
its name implies, precedes by a
thorough course of study the work of
the high school proper. Of the corps of
teachers about a dozen are new ones.
The last school census, taken in No
vember, 1915, showed a school popula
tion of 1335, of which 678 were boys
and 657 girls.
Klamath Gets Chester Hturtrliia,
KLAMATH FALLS. Or.. Sept. 4.
VV- W1'!
Te HARVMANMveFbot Grand
An instrument of ex
quisitely graceful lines,
that occupies no more
space than an upright
piano,
Caruso says: "It
TONE is wonderful."
Its price is no less re
markable $650'
After September 15, $670.
EASY TEUflMS IF" DK SIRED,
j Me9m.Mm i
I Morrison Street at Brotdwiy J
$127
Special Credit Terms
Combination
Victrola
Outfit $39.65
Special Credit Terms
$3 Cash, $1 Week
Outfit consists of Victrola
VI, Quartered oak record
cabinet, record album,
eight double-faced records,
700 needles, one record
cleaner.
DOWN
$1 WEEK
tl.OO Folding Child's
Chair, closes very com
pactly $1.85 C a n e seat High
Chair, with tray, flar
ing base
$1.4 5 Three-Wheel Kid
die Carts, finished nat
ural, special
$5.00 Quartered Oak
High Chairs, splendid
quality, at
69c
$1.49
$1.23
$3.95
(Special.) Chester Hugglns, a grad
uate of the Cnlversity of Oregon and
one of the best milers ever developed
on the Pacific Coast, arrived in this
city last evening from Portland to
teach English In the Klamath County
High School here this year. Mr. Hug
glns will also have charge of the ath
letics. He graduated from the Univer
sity of Oregon last Winter.
Cherry tree rum stiffens h.ts.
CvWUSC-fWS
i
60c Msassa
a
WWff