ROSEBURG, DOUGLAS COUNTY, OREGON, THURSDAY, JULY 27, 19O5.
No. 60
COAST RAILROAD TO
OFFICERS SEARCHING
FOR WITNESS STARR
SENATOR MITCHELL HEARS
DECREE OF FEDERAL COURT
CHILD WANDERED
W. W. COTTON DECLINES
BUILD FROM DRAIN.
AWAY AND DROWNED
Vol. XXXVII
FEDERAL JUDGESHIP POST.
' ! i .
Burned District Will Soon Build up. Thirty Room
Hotel is Being Planned.
New Depot.
Drain, Or., July 25. The people of this section are
considerably interested in the arrival of William Hood,
chief surveyor of the Souther Pacific railroad, with a
gang of 20 men and two cars, at this place today. They
came direct from Yuma, Arizona, and considerable railroad
talk is being indulged in. They come without beiug her
alded by any one and no one knows their mission. Two
years ago last month a similar surveying crew dropped into
Drain and commenced surveying for a coast railroad.
This crew has been steadilv at work since. Tliev
are now south of Crescent City, California, and reports
from there say they have at least a year's work yet to do.
Their work all through has been very thorough and a 1 per
cent grade is being maintained. Whether the arrival of
the crew today means that further work on this road is to
be commenced will develop in a day or two.
rail m Set Rebuild
With two blocks of buildings, be idee
the railroad depot, roadmaeter's office
and warehouses in smouldering ruins
the north part of the business section of
Drain present a desolate appearance,
yet the result is only that which comes
sooner or later to blocks of frame build
ings, and while the lots to inaividoals is
great, there being no insurance, the
bnrned area will probably all soon be
replaced by better and more substantia!
buildings. There is already talk of a
handsome new 30 room hotel and there
will be other business buildings erected
to supply the demand.
The Southern Pacific Company had
the material on the ground with which
to enlarge the old depot. This was all
DANIEL i LAMONT
EXPIRES SUDDENLY
Poughkeepeie, S. Y., July 24. Dan
iel Scott Lamont, vice-president of the
Northern Pacific Railway Company and
Secretary of War during G rover Cleve
land's second administration, died sud
denly of heart disease at 9:15 o'clock
at his home, at Millbrook. His illness
lasted scarcely half an hour.
Dr. Stewart, of New York, who was a
guest of the house, diagnosed the illness
as heart failure. He applied heroic
remedies, but the patient soon breathed
his last.
Mrs. Lamont and two daughters, Bes
sie and Frances, besides several guests,
were present at the deathbed.
DRUGS
PAITENT
MEDICINES
PERFUMES
SOAPS
TOILET
ARTICLES
RUBBER COODS
I
I
r i
MARSTERS' DRUG GO.
PAINTS, OIL, VARNISH
I
Read the Plaindealer
I burned, but a gang of men commenced
j work this morning on a temporaiy
structure which will serve their needs
until a new depot can be built and no
doubt a modf rn building will be erected
I at this station.
JL. L. Meacbam, of the Commercial
Hotel, has rented a ltvroom house iu
East Drain and will take care of the
traveling public until a hotel can be
erected.
While the loss from fire is sorely felt
by those who were in its path, the de
struction would have been greater had
the wind been blowing from the north.
It is thought that with such a wind the
entire business section and several
blocks of residences would have Deen
bnrned. as the town is without a water
evstem.
MORE FISH FOR
LANE STREAMS
The government in gciaf; to distrib
ute more fish in the streams near Cot
tage Grove. Mr. Hinds is going to get
a supply to be used in the streams near
the London mineral springs. Game
Warden Baker is getting a supply of
black spotted trout f r Mo? by Creek,
and Mr. Currin some for distribution in
Row River. With all the fish that have
been put in the streams recently and
with the good supply already we ought
to have very much finer fishing here in
year or so. Leader.
All dental work postively guaranteed
by Dr. Pearson, office in Taylor and
Wilson building. tf
STATIONARY
SCHOOL
SUPPLIES
WINDOW CLASS
LIME
AND CEMENT
ALL KINDS OF
SPRAYS
for all the News
J. V. nm, Arrrstof. Suited
of Harboring Young Starr
at Mckenzie.
Before being subpoenaed in the sec
ond trial against Congressman William
son, his nephew, Ernest Starr, an im
portant witness for the govenment,
started for his home in Crook county
anil is now much sought for by 1'. S.
deputy marshals.
Accused of Harboring Surr
Kugene , Or., July 26 J. V. O'lary,
who lives at the McKenzie Bridge,
about 50 miles east of Kugene, is under
arrest, suspected of harboring Starr on
his place. The l'eputy Marshals sus
lected O'l-earv was hiding Starr, and
upon being questioned they were con
vinced that he knew of the absent wit
ness' whereabouts. Officials at Tort-
land were notified by tel phone anJ or
ders came to place O'l-eary under arrest.
He will arrive in Kugene tonight.
Yesterday afternoon the local officers
received a wire from Portland to spare
no expense in assisting to find Starr,
and Chief Stiles left soon afterward to
join in the chase. (
Some think that Starr has pushed on
to the summit cf the mountains and is
continuing toward Prineville, while
many others are of the opinion that he
is being hidden bv friends in the sheep
camps in the mountains east of MrKen
zie Bridge, between 50 and SO miles
from Eugene.
Distri-t Attornev Henev said in his
opening statement to the jury that he
would prove conclusively by Krnest .
Surr, together with other witnesses. .
that the defendants conspired to suborn !
perjury, and Starr is very necessary to I
the Government's case as outlined by
the District Attorney at the opening
He has been regarded as a strong card
which the prosecution would spring in
making its case even stronger than at
the former trial.
DAVIS' WIFE
WAS JEALOUS
J. M. Davis, of Junction City, has
begun a suit in the c.r- nit court for a
divorce from his wife, Ida M. Davis, on
the ground of cruel and inhuman treat
ment. Davis alleges that about a year after
their nianiage his wife began to m,
annoy and harass him with the intent
and purpose of rendering his life
bunlensou.e and unhappy. Among
other things he alleges that at a public
social gathering in a hall at Junction
City one evening in January 1U05,
while he was talking with another
woman, his wife in a fit of jeal
ously and anger demanded that be leave
the hall, greatly to his embarrassment
and humiliation.
Davis and .bis wife were married in
Roseburg in Novemlier, USM, and have
two children. Pearl, aged seven, and
Lyle, aged five. Davis is willing that
his wife have the children. They have
not lived together since June 20, l'J05.
G. F. Sklpworth is Davis' attorney.
JACKASS' BRAY
UPHELD BY LAW
Topeka, Kan., July 25. "No power
on earth can preveut a jackass from
braying. This court is powerless to
afford relief in this case and the injunc
tion is dissolved," said Judge Dana in
dismissing a suit brought by the post
mistress of Kicbland. Kan , against the
owners of a number of jackasses to pre
vent their braying.
Tibbetta A Hotz own a livery stable
in Richland and it is the next door
neighbor to the postoffice. The post
mistress resides in the apartment over
the postoffice and she has been sorely
annoyed during the night by the rancous
braying of the discontented jacks in the
livery barn. Whenever she sought to
while away the tedious hours by singing
softly to herself, the jacks would break
in and agitate the atmosphere with
their distracting noise. At night, when
she raised her windows to get a breath
of fresh air her ears would de benumbed
by the hee-haw of the jacks.
Appeals Is Court for Belief
She appealed to the owners of the
stable to suppress the animals, but they
politely informed her that to bray was
the chief delight and function of a jack
ass and they could not prevent it.
Furthermore the Inature of their busi
ness precluded sending the offending
animals away for the night.
Finally she appealed to the court and
secured from a judge in Shawnee Coun
ty a temporary injunction against Tib-
bett's & Baits. Then she gave final
warning to them that the noise must
cease. They immediately took the case
before Judge Dana and it was argued to
day. It was one of the most unique
hearings in the bistorv of Kansas even,
which is the author and scene of many
unique things.
The rock crusher started to work this
morning to prepare material for the
concrete piers of the new railroad bridge
across the Willamette at Springfield.
Guard.
: j() JajI ad m f m Say
of Execution Granted. Case Appealed
to Supreme Court
The statute under which the indictment was found
provides that the offense shall he punished by imprison
ment of not more than two
than $io,ooo. It also renders the defendant incapable of
again holding any office of trust or profit in the United
States. As I construe the language of the statute, the
punishment must be both fine and imprisonment, but the
court is given great latitude iu fixing the amount of fine or
imprisonment. The court may make the punishment
inert ly nominal. In pronouncing judgment it is not my
purpose to comment upon the evidence or the verdict
found by the jury. In reaching a conclusion iu this case I
have given consideration to the age of the defendant,
which may be taken into account in mitigation of punish
ment, and the further fact that he is forever hereafter dis
qualified from holding office. In view of these facts aud
in consideration of the nature of the offense, the judgment
of the court is that the defendant be imprisoned for six
mouths in the County Jail of Multnomah Countv, in this
state, and that he be fined in the sum of $iooo. Judge
John Jefferson De Haven in pronouncing sentence upon
I'nited States Senator John H. Mitchell.
Portland, July 2S - Sharp at 10, three
raps by Marshal Reed's mallet brought
the crowded courtroom to its feet. Tall
and statelv. Judge IV- Ha.en mounted
the bench aud glanced over the sea of
anxious faces.
"This is the time for pronouncing
judgment in the case of United States
against Mitchell," said Judge De Haven,
while a hush fell over his hearers. Sen
ator Mitchell's eyes were rivited on the
fa. e of the Judge.
''Have y u any cause or reason t
show why judgment should not be pro
nounced" . asked Judge De Haven, look
ing at Senator Mitchell. With his fac.
shade paler than usual I'nited
States Senator arose to bis feet and
said :
If the court please. I am represented
by attorneys, who will speak for me.
What they amy would be precisely what
I would say, if 1 were speaking in pro
pria persona." Senator Mitchell then
at down.
Ex-Keaator Thurston arose and ad
dressed the court, as follows:
Tssrttes Adamses Cam.
"What we present now we consider
as a point of law. The defendant insists
that under the Constitution of the
I'nited Slates, Senators iu all rases ex
cepting treason or felony, are secure
from arrest, and that the court is with
out jurisdiction to impose sentence that
would prevent ti.e drfetidact from be
ing in attendance upon the Senate."
Ex-Senator Thurston then dwelt upon
the rights of I'nited States Senator
and his immunity from arrest or
punishment for crimes of misdemeanors
of a lesser degree than treason or felony.
He offered this as an objection to the
pronouncing of jinlgt.ient.
"The objection wiil t overruled,"
said Judge De Haven, and then uttered
the words that clapped the climax of
the troubles in the latter days of John
H. Mitchell.
During the pronouncing of judgment,
Senator Mitchell watched the face of
the Judge with intense interest. His
face was Hushed and troubled. Once he
nodded slightly as some remark of the
court met with his kno ledge of legal
lore.
Ysssf Mitchell Shed: Tears
John H. Mitchell, Jr., the son who
has been in close attendance upon his
aged father-defendant, sut by his side,
aud when Judge De Haven uttered the
KLAMATH GREAT
It is a unique feature ol the Klamath
reclamation project that of the 250,000
acres to be iniga ed, at Ie.tst half is now
constantly under water of a depth vary
ing from one to fifteen feet In all Ir
rigation service, drainage accompanies
irrigation as a vitally necessary adjunct,
but for half must, for two or three
years precede irrigation. It is proposed
to drain off all the waters of Lower
Klamath lake and to uncover half the
lands in Tule lake, the Federal Congress
and the legislature of Oregon and Cali
fornia having given the necessary per
mission to the reclamation service The
two states have ceded to the National
Government all lands in the lake beds,
and these lands, with the exception of
the acreage now held in private owner
ship, will be subject to homestead entry
when thoroughly drained and ready for
cultivation.
A greater part of thn area, 190,000
acres, under the Klamath project, will
be irrigated with water drawn from
Upper Klamath lake, a natural and
inexhaustible reservoir. No storage
dam is required here, the lake having
years, or by a fine of not more
words about imprisonment and the age
of the convicted man, his frame shook
with emotion and tears eame into bis
i eyes.
The Senator said not a word, nor did
j he move a muscle, save by the involun-
, tary motion due to his pent-op feelings.
" hen the words, "County Jail of Mult
nomah County, in this state," fell upon
his ears be rat as one transfixed. Then
when it was all over and ti e crowd
"tarted for the door, the aged defendant
arose and painfully made bis way from
the scene of judgment into the world,
where once he was the recipient of
many honors.
Ex-Senator Thurston, senior counsel
for Senator Mitchell, said there was
nothing to say on behalf of his client's
plans, other than that the rase would be
carried to the appellate tribunal in the
regular way. There are now three bills
of exceptions on file in the case.
In granting a stay of execution for
two days Judge De Haven made an al
lowance of time in which an appeal to
the Supreme Court might be perfected.
Otherwise it would have been the datv
of the Marshal to carry out the ernteoce
I of the court. In perfecting the appeal
it will be necessary for Judge 1 v Haven
j to sign the bill of exceptions, make an
' oider allowing the writ of error and the
! supersedeas bond of $2000. The stay of
I execution will admit of time in which
to do this, after which the appeal will
act as a stay, until the Appellate Coart
passes on the questions involved.
The conviction and sentencing of Sen
ator Mitchell does not tender bis office
vacant. This principle was determined
in the Rnrton case If the Supreme
Court affirms the judgment of the trial
court, its act would have ' the effect of
vacating the office. Otherwise the
Governor will have no power to appoint
a successor to Mitchell. The defense
has six months in which to take an ap
peal to the I'nited States Circuit Court
of Appeals, and this will most I kely be
done within the next few months
There is alwsys a question of jurisdic
tion, where an appeal is taken direct
to the supreme court, and an appeal to
the next lower court would make the
progress of appeals more regular.
Senator Mitchell .will, unless his con
viction is affirmed, hold office for two
more years. A decision is expected by
next March.
IRRIGATION PROJECT.
sufficiently higher elevation than the
lands to be watered. About 00,000
acres will be watered from Clear lake
in California, or from Horsefly reservoir
situated in Oregon.
Of the now dry lands under the pro
ject only a few thousand acres are pub
lic lands. The greater part of the lands
in private ownership is held in large
tracts, and, under the provisions of the
reclamation act, those lands must be
sold in small lots, as one person can
purchase water for no more than ItiO
acres. The Klamath Water Users' As
sociation, a corporation of landowners
with a capital of $3,000,000, has organ
ised to co-operate with and assist the
reclamation service. The office of the
association is at Klamath Falls, Oregon,
the county seat of Klamath countv.
The Klamath country is now without
immediate railroad connection, but two
companies have given assutance that
they will begin immediate construction
of railroads to connect Klamath Falls
with the Southern Pacific liue betweeu
San Francisco and Portland. From
Forestry and Irrigation.
Utile Daughter of J. A. Eggers
Formerly of Dillard, Doug
las County
EGGER8 Charlotte Jane, daughter of
Mr. and Mrs. John A. Eggers, died
Saturday, July 15, 1906.
Saturday morning word was brought
to town that Mr. and Mrs. Eggers' little
girl had wandered away in the brush,
and all efforts of the familv ami im.
mediate neighbors to find her were of
no avail. Parties were arnniml in
town to assist in the search, and when
the Eggers home was reached it was
found that the search was being prose
cuted to the eastward of the house
where it was supposed that the baby
was last heard of. Pearl Egeera, the
little girl's sister, had, however, found
her trail leading by a circuitous route
of over two miles to the river, and was
following the trail when Mr. Olsen i
thought she might have gone to the 1
river, and rode down to search the ,
hank. Mr. Olsen soon saw the body
lying on the beach, partly immersed in
water. He picked the child np and a
brief examination snowed that she was
dead.
Mr. Olsen carried the body to the
Eggers borne, where it was prepared tor
burial and Monday the little body was
placed in its last resting place, a beaoti
ful spot on the Eggers farm, whither it
was followed by the sorrowing family,
and about fifty of their friends and
neighbors. Simple bat impressive
exercises were held at the boos and
tbe grave.
The grief-stricken family nave tbe
sympathr of the entire community in
the loss of a bright aad favorite child
in this particluarly sad manner. Their
load of sorrow is beavv, bat tbe kind
and thoughtful neighbors are doing all
in their power to lighten it. Heyborn,
Idaho, Review.
LAND BOARD
IS UPHELD
Salem. Or , July 24. Tbe right of the
tate I. ami Bard to declare a certificate
of sale forfeited when payments
rjecome delinquent for tbe time
by law was upheld by the Supra c
Court today in the raw of C. A. Sen! -bmle
against the state Land Board.
The court, in aa opinion written b
luetic Bean, holds that when the pur
chaser haa defaulted for the time men
wooed, the certificate of sale becomes
void unleas tbe stale, through the State
Land Board, waives the forfeiture. No
waiver was alleged in this case. The de
cision today affirms the decree in the
lower court rendered by Circuit Judge
R. P. Boice, of Marion County.
Sehlbrede applied for the purchase of
3J0 acres of land in making a first
payment of one-third of the price. He
made payment of another one-third of
the principal and several payments of
interest, but in 1902, when he tendered
the balance due, be was three and one
half years in default. The Board re
fused to accept his money or issue a
deed, and he brought this mandamus
suit, which was dismissed in the lower
court on demurrer.
The statute provides that "if any in
terest should remain unpaid, for one
year after the same becomes due, the
sale and certificate shall be void and all
payments forfeited and all the land
shall be deemed vacant and shall be
subject to sale as if it had not be
fore been sold." The Supreme
Court says that this statute plainly
makes time the essence of the contract.
"The land offered for sale belonged to
the state. It had a right to sell it upon
such terras and conditions as it might
deem advantageous. No one was com
pelled to accept its terms, or to make a
purchase unless he desired to do so, and
if he did, his act was voluntary and he
cannot compktn of the condition im
posed "
"Under the law and the terms of his
contract, the court is powerless to re
lieve him from the consequences; of his
default, assuming for tbe purpose of
this case, but without deciding, that
mandamus will lie to compel the State
Land Board to issue a deed or patent
and deliver it to a purchaser of state
lands who has complied with his con
tract.
CADETS GIVEN
SILKEN FLAG
Portland, July 25 Clad in their
dirtiest and most ragged garments, the
same in which they "hiked 510 miles,"
the Eureka Cadets this afternoon re
ceived from the hands of President H.
W. tSuode, of the Lewis and Clark Ex
position, a token of the esteem in which
the Exposition management and the
general public hold the hardy perform
era of such a remarkable feat. This was
a beautiful banner handsomely lettered
in gold, with a brief account of the
travel. The ceremony took place in
front of the California building, where
the Sherman Indian Institute Band,
another testimony to tbe attainments of
the California youth, was present to wit
ness the function and share the honor
of the reception tendered afterwards by
Will Stay With Harriman Railroad. Probably
inven Larger Salary to Remain
With Road.
..I i i
Portland, July 26.-William W. Cotton, wi'h com
mission already in his possession, has concluded to decline
trie appointment as United Stat
Oregon Private advices to this effect have been received
and the fact has been absolutely confirmed. Mr. Cotton
lu fr regn last niht' after conference
with the Eastern officials of the Harriman lines, and today
the Inrr nf hie ;,;,. . . ....
10 aeciinetne judicial position of-,
fered him by the President become known. He will arrive
in Portland next Monday.
While no information has been received giving a
reason for this action on the part of the Federal Judge-ap-pointee
,t is generally believed that inducements have
been offered him by the Harriman system that make it
worth while for him to decline the bench and remain where
he is with additional powers and financial consideration.
It is known that tbe officials of the
Harriman lines have all along been op
posed to Mr. Cotton's resolve to go upon
bench, nd great surprise was ex
Vt nassjaiifl in Portland among the local
officials of the system when the an
nouncement was made that be had con
cluded to accept. It is believed that
since then he had been ursted to recon
sider his action, and the inducements
have been sufficient to cause him to
Chang his plana. That such induce
ment would of sicessity be great is un
derstood by all, and ha may ha called to
tbe high councils of Harriman ' s advisers
at Chicago or New York.
Mr. Cotton left Portland oa a tour of
the East the evening of July 5. He
went East to see the President, the Attorney-General
and other nrominmt
osaesals. Last week be called on Preai.
dant RooeeveJ t at Oyster Bay and paid
respect. After that he went to
NeeTork aad conferred with officials of
tbe railroad in Uresis with which ha is
ted, ami Ub media telv tfter that.
were received that be bad de
nied to aeaadea the idea of ooalifv-
ing for the Federal Bench. His action
rill ore anion groat surprise among local
RAILROAD MEN INJURED IN WRECK AT ALCA.
As was briefly mentioned in Monday's ;
Plaindealer a collision occured in Pass
Creek Caayoo, near A lea Spur Monday
afternoon, south bound freight train No. j
22i, running into a light engine oa a
sharp curve, the engine also being south
bound. No derailment resulted, but the
concussion caused considerable damage.
delaying tbe south-bound local several
DO 1 SHARE III THE
Every shareholder in the ROSEBURG ROCH
DALE COMPANY is purchasing groceries from him
self cheaper and better than he conld elsewhere,
and at the end of the year takes home to himself
the profits on these purchases. This is the Co
operative way.
BE A ROCHDALER
I FARM
THE CELEBRATED BAIN WAGON, MILWAUKEE AND OSBURN
MOWERS AND BINDERS, VICTOR RAKES, FEED
CUTTERS ROLLINC DISC PLOWS AND HARROWS.
HARNESS AND SADDLES A SPECIALTY
BEARD & CULVER the hardware dealers
DOUGLAS
COUNTY
BANK
Paople, although it has been rumored in
certain circles for two or three weeks
post that ha would ultimately decline
the appointment.
Mbm k SsswhssL
Astoria, Or., July 26 "I am ear.
prised at the sadden change of ptaa by
W. W.Cotton,' said Senator Charles W.
F alloc, whoa asked concerning the de
termination of the latter to refuse the
appointment at Federal Judge for Ore
gon. "Mr. Cotton had already ac
cepted and his com mission had been
i arced. He had gone aa far as a aSBB
eoold without qualifying. His tele
gram to mo announcing his change of
plan was a complete surprise.
1 "I have not yet made np my mind
whom I shall recommend for the t.
nancy, as I bare bad no time to give it
thought. I shall, for the present, lot
the list stand which I sent in before tbe
Cotton appointment. In it I named R.
S. Bean, Charles E. Wolverton and
F. A. Moore, of the Oregon Supreme
Court ; Judge T. A. McBride, Judge L.
R. Webster and John Rand. Later I
may recommend one of these men
specifically. But I had considered the
matter settled.''
hours Engineer Burr Jones aad Fire
maa Guy Buffington, of the bight engine
sustained quite severe injuries, the
former receiving a painful scalp wound,
and the latter a broken collar bone.
Both men were brought to their Rose
burg homes and are recovering from
their injuries. Trainmaster O. W. Tay
lor was in Roseburg Taeedav investigat
ing the matter.
PROFITS OF I MIS
IF NOT, WHY NOT?
IMPLEMENTS
i
StslabllstMd IMS
Incorporate! 1901
Capital Stock
$5o,ooo
P. W. SANSON, A . C. MASSTBSa.
PrssMaat. Vtse Piesidsat.
1. HENRY BOOTH. CaabJar.
BOARD OP DIRECTOR
P. W. BBNrfON, B. a. BOOTH J. H. BOOTH.
J. P K.SU.T. JOS. LIONS, A. 0. MABOTBBS
K.L MH.I.1B
A GENERAL BANKING
BUSINESS TRANSACTED
tbe California Commission.
I --