EL2SS59S
Pl-TtTjifff. jfjwnt.i JW
Tnn daimc cooa bay times, MAjianFiELD, onogoN, rnuitsiur, jufgj go, 1007.
m
li
COOS BAY BRIEFS
TIMES TELEPHONES
Editorial Rooms - - - - 1 33 1
Business Office - - - - 1331
HOTELS.
Following Is a list of those who
registered at the hotels Central and
Blanco:
lllniico Hotel. J. A. Donavan and
wife, San Francisco; G. J. Gould,
Coqullle; C. C. Rice and family, Spo
kane; J. Milne, San Francisco; H. D.
Hutt, San Francisco; Bert Johnson,
Wedderhurn; H. R. Clawson, San
Francisco; G. It. Millar, Portland;
A. D. Smith, Portland.
Central Hotel. Chas. B. Coleman,
San Francisco; S. A. Chappell, Cor
vallls; Frank Murphy, Boston;
C. O. Case, Coqullle; Wyatt Cahbelt,
Coqullle; J. Scoggin, Coqullle.
Severe Accident. First Mate
Charles Peterson, of the sailing
schooner Salvator, had a narrow es
cape from death yesterday when he
fell from a mast and on to the deck,
wrenching his neck severely and
bruising his head. The accident
happened while he was aloft, the
rope which was supporting him
breaking. Ho was not seriously in
jured. Fire Hepailiiient Called. The fire
.department made a run yesterday
morning about 9:00 o'clock to the
residence of Rev. Thurston, West
JMarshfield, In answer to an alarm
turned In on account of a fire In the
flue. No damage was done, the fire
being put out before the department
arrived.
New Residence. John Cox and
family have moved into their new
residence on Balne street, South
Marshfield. The house has ten
rooms and Is arranged In a commo
dious manner. When completed it
will be two stories and a half In
height. It will be finished in wood
fibre plaster and the total cost will
be about $2,500. F. Hall Is con
structing the house.
Sam Gllroy is having an eight
room two-story house built on Cali
fornia avenue. The house will be
finished In wood fiber plaster and
when completed will represent a cost
of about $2,000.
Funeral Wednesday. Mrs. Rob
ertson, of Ten Mile, was burled
from the M. E. Church Wednesday
morning at 11 o'clock. At the time
of her death the deceased was 79
years of age.
Tug Hunter Arrives. The tug
Hunter arrived in the bay yesterday
evening from the Umpqua river. She
will take a cargo of general mer
chandise to ports on the Umpqua
river.
Dollar Leaves. The steam schoo
ner Melville Dollar 16ft this port for
the north early yesterday morning,
after taking on 150,000 feet of white
cedar to bo shipped to Mexico.
Good Kntnbles Currents, rasp
berries and Coos River cabbage aro
all beginning to arrive on the local
market. All three of the locals aro
of good variety and are taking well.
Visits City. J. C. Ilaynes, the
pioneer logger of Coos county, was
In th0 city yesterday from Myrtle
Point. Ho reports everything In a
flourishing condition in Myrtle Point.
Building Progress. T. Noble's
house on Broadway will bo finished
in another week. It Is an elegant
two-story eight-room house and Is
finished In modern style.
George Thompson Is building a
two-story six-room house on Sher
idan avenue, which will bo finished in
two weeks.
Heriomlo Sails. The schooner Re
dondo sailed yesterday afternoon for
Sun Francisco loaded with a cargo of
lumber.
l . .$ i $ $ $ $ i .j j i j t
LOCAL AVHATI1KU.
Furnished by E. Mingus, local
4 co-operative observer. !
High 03
Low 52
.; 0:00 57
Wind N. W., Cloudy
$ j $ $ l $ $ $ $ j $ $ $ J f $ s
CONVENTION WORKS
Piddle Lands Assemblage at Denver
Kieets Olllcers and Kll'eets Per
manent Organisation.
Denver, Juno 19. The public
lands convention which met hero yes
terday for a threo days sosslon got
down to business in tho afternoon
and listened to addresses by James
R. Garfield, secretary of tho Interior;
R. A. Ballngor, commissioner of tho
genornl land olllco and Uulted States
Senator Teller. A permanent organ
ization was effected by the soloctlon
of Dr. J. M. Wilson of Wyoming,
chairmau; and F, P. Johnson of Colo
rado, secretary. Tho reports of tho
comraittos on credentials and organ
ization, rules and order of buslnoss
"were made and a committee on reso
lutions appointed.
WHAT CONSTITUTES
AN "ACTUAL SETTLER"
Hundreds Of People In Oregon May Be
Disappointed When the Interpreta
tion Of the Law Is Made
Because of the deep Interest taken
at present on tho question of lands In
the state of Oregon the following
article Is printed from the Oregon
Ian. It will convey a clearer Idea
to the many who are just now puz
zled over the meaning of the term
"actual settler:"
That "actual settlers" in tho rail
road grants of tho Oregon & Cali
fornia and southern Pacific means
persons who have homes on tho lands
and dwell there seems accepted with
out dispute. The more Important
question for Individuals who seek to
wrest the lands from the railroad
at $2.50 an acre, is whether their
asserted right of buying the lands
belongs to all persons who may es
tablish homes on the lands, or does it
belong only to those who are resi
dents when the railroad flxtd the
route of Its lines and obtained the
lands from the government?
This latter meaning is the one put
on the acts of congress by the rail
road. Its attorney insists that there
Is a line of Supreme Court decisions
for the claim that the land grant acts
of 18CG-70 vested tho railroad with
the right to own in fee simple the
lands set apart In the grant by con
gress, and actually that those acts
attached the title to the railroad,
when the railroad filed In Washing
ton, maps of the definite route of
lines, at intervals between 1870 and
1884.
By this Interpretation there can be
no new actual settlers, and those per
sons who are squatting on the lands
are trespassers. This assumes that
the railroad holds absolute owner
ship in the lands; that in accepting
them from the government it is
agreed to sell at $2.50 an acre only
to persons who had homes on the
lands at the time title passed from
the United States, and that there
have been no such claimants since.
This is an elastic meaning of
"actual settler." Should It be con
firmed by tho courts, the railroad
cannot be forced to sell its remaining
3,000,000 acres of the grants This
would defeat the efforts of hundreds
of persons In Western Oregon, who
in the last two months have prepared
to take possession of railroad lands
as actual settlers and have offered
$2.50 an acre to the railroad.
It would also permit the railroad
to continue its policy of barring the
lands against settlement, as it ha3
done for nearly four years past, by
refusing to sell. It would defeat
what the people consider tho original
purpose of the land grant to open
the lands to home builders.
According to this view, the rail
road was made trusteo of the lands
and authorized to sell them and use
tho proceeds for building tracks or to
make the lands security for borrow
ing construction money. This view
is sustained by tho fact that the even
numbered sections retained by tho
government, ndjolning the railroad
odd-numbered section, were sold by
tho Interior Department to settlors
for not less than $2.50 per acre this
being required in tho same acts that
gavo lands to tho railroad.
At this point tho opinion of Land
Commissioner Ballinger may be re
peated. On March 19 he wrote to
Representative in Congress W. C.
Hawley, a letter containing the fol
lowing: "The company is therefore without
authority to sell thoso lands to any
other person (than actual settlers) in
other amount (larger than 100 acres)
or for a greater price (than $2.50 an
acre) than that prescribed in tho pro
viso and any conveyance which tho
company has attempted to make on
a salo mado in violation of this
stntuto would not bo sustained by the
courts."
On tho side of tho railroad, deci
sions of tho Supremo Court of tho
United States aro cited, to bear out
tho contention that tho land grant
acts gavo absolute tltlo to tho rail
road. There aro a unmber of deci
sions of this sort growing out of land
grant acts. In tho case of tho Leav
enworth, Lawronco & Galveston Rail
road vs. United States, 92, U. S. 741,
it is hold that tho words "Be it en
acted, etc., that thoro bo and hereby
Is granted," as contained in tho num
erous land grant acts, (Including
thoso for tho railroad lands In Ore
gon) "aro words of nbsoluto dona
tion and Import a grant in praesonti.
And in tho caso of tho Southern Pa
cific vs. Orton, in tho United States
Circuit Court for California, Justice
Sawyer in 1879, in passing on acts
which granted lands to tho Central
Pacific and rosorved tho rights of
actual settlers,
"I do not think that tho saving
clauso (as to actual settlers) was la-
tended to refer to any other settlers
than those who wero actual settlers
before and at the time of tho filing of
that plat (route of tho railroad .
Those settling subsequently could
have no rights. So far as the rights
of tho United States are concerned,
tho words in the act of Congress,
'thereby and hereby Is granted,' aro
words of present grant and pass the
title out of the United States at
least the equitable title only to be
defeated by failure to perform the
conditions subsequent. The right is
so much land vested at tho date of
the passage of the act and attached
to th specific land at the moment of
filing the plat as provided in the act.
"As the defendant (Orton) entered
upon these lands after the filing of
the plat and tho statutory with
drawal, ho was a naked trespasser,
without right and without the ability
to acquire any right from that day to
the present, whether the grantee in
tho act had the capacity to acquire
any right or not.
While the acts granting lands to
the Central Pacific aro not wholly
like those granting lands in Oregon to
the Oregon Central and to the Ore
gon & California, they are quite simi
lar. In California there was no
$2.50 proviso. If the railroad can
succeed in maintaining that this pro
viso applies only to settlers actually
living upon the lands when the rall
orad came in possession, of course,
now it is imperative.
State Court decisions agree that an
actual settler is one who has estab
lished a home on the land in ques
tion and lives there. A person who
takes possession of land, Improves
and farms it but does not live on It,
is not an actual settler. The Su
preme Court of California, In Gavltt
vs. Mohr, G8 Cal., 5G0, in interpret
ing the clause of the State Constitu
tion which says that lands belonging
to the state, suitable for cultivation,
shall be granted only to actual set
tlers, declares the following:
"An actual settlr upon land be
longing to the state is one who es
tablishes himself upon the land or
fixes his residence upon It to take
possession for Wis exclusive occu
pancy and use, with a view to acquire
title to it by purchase from the state.
For that purpose an actual entry up
on land belonging to the state, fol
lowed by making improvements upon
Jt, or b ilidlng a house thereon ir
which to reside, and occupation of
the land land while doing such acts,
are evidence of such a settlement as
give to the occupant, If he possess the
qualifications prescribed by law, an
inchoate right to purchase the land
and operates as notice to all the
world of tho right.'.'
The same rule has been laid down
by the Supreme Court of Texas, in a
number of opinions. Tho constitu
tion of the state says: "Actual set
tlers residing on such lands (county
o hcsolalnthee
school lands) shall bo protected In
tho prior right of purchasing the
same, to tho extent of their settle
ment, not to exceed 1G0 acres, at the
price fixed by said court."
Citizens Raise $600 In Three Hours
Time To Defray Expenses
Of Grand Celebration
Success Assured
North Bond citizens made a Coos
Bay Fourth of July celebration a cer
tainty yesterday when in three hours
time they raised over $600 for the
purposa of celebrating the day in fit
ting stjie. While no defiuito plnns
havo betu mado committees have
Deen named and In a few days ar
rangements will be completed for
tho biggest Fourth of July celebra
tion given on Coos Bay In many
years.
As Marshfield will havo no formal
celebration this year It is thought
tho citizens will patronize tho cere
monies at North Bend and thus do
their share toward making tho day a
success. Tho men who are getting
up tho program say they will spare
no efforts to mako tho day one long
to bo remembered.
TO ADVERTISE
COOS Bill
Marshfield Chamber of Commerce
Will Get Out 10,000 Pamph
lets Soon-Headquarters
Will Be Established
At tho meeting of the executive
committee of the Marshfield publicity
fund held last evening in Dr. Tower's
office it was decided to get out ad
vertising for the Coos Bay country
in the shape of folders, the first or
der to consist of 10,000. A. E. Guy
ton formerly editor of tho Coos Bay
Times, will prepare the data for the
m That Roosevelt
That Mayor Schmitz IS Convicted
That Coos Bay Ss the most scenic navigable bay on
the Pacific Coast
That Coos Bay is the only Deep Seaport on the
Facsfic Coast for a space a 500 miles
logical offltet for more tha
miles adjacent LhereLo
That Coos County is the richest, in natural
resources, of all Oregon
That Marshfield is the liveliest AND most enter
prising town in Coos County
WHAT YOU DID NOT KNOW
That we have opened an
m fh& OKJK
"" "W fSrf rcr
m a m
& &Jrk
WHERE we will sell you better goods for less than you
WHERE we will sell you the greatest variety of goods
WHERE we will pay you the most for what you wish
If yon
' r
O o O
If you attend ONE sale you will come again to the Regular Saturday (weekly)
Sales; and do not forget that you can buy goods at regular sales through the week
for less money than elsewhere.
If you have property for sale and wish it Auctioned we will be pleased to do
it for youeither on your premises or by removing it to our Auction House located
in the Johnson Building on 2nd St. between B. and C.
Mend our Sales and see the MOST MAMM0UTH Bed Room Suit
Antique Solid Walnut ever seen in Coos County and the
largest and best selected
PRIVATE LIBRARY
and learn HOW you
win reel we you nad
! Coos Bay
Auction Co.
F1M5HMKIM
Will cure any caso of Kidney or Bladder Disease not
byond tha reach of medicine. No medicine can do more.
folders and they will bo printed as
soon as possible. The store room re
cently vacated by F. A. Sncchl's gro
cery store has been secured for tho
Chamber of Commerce headquarters
and will bo fitted up with suitable
furniture- In about a week.
The secretary, who will have the
directorate of the publicity campaign
will probably bo secured in a few
weeks. Tho committee Is now in
communication with a competent
outside man. In tho now Chamber
of Commerce headquarters every ad
junct for tho convenience of stran
gers will bo installed, also a public
stenographer, to whom letters may
bo dictated. Plenty' of literature de
scriptive of Coos Bay will be kept.
Tho secretary will bo busily engaged
preparing a general lino of adver
tising for the Coos Bay country and
In answering all correspondence.
With but few exceptions all tho
subscribers to the publicity fund have
paid their dues for June. Thoso
IS President
:ra s y tot n
airii lEfUM
are asleep
JUNE 22id
EI?
iiVjj
litlh
IE ONECOME ALL
can get them CHEAP, CHEAP, so CHEAP you
bmvw them.
who have not yet paid win bo ' 7"
upon in a few days. Tho Chamber
of Commerce is in a flourishing Cnn
dltlon, probably In better shape tha
ever before. n
KIIiltUHX PASSICXOKHs.
Following Is a list of those ho
took passago on tho steamer Ktlburn
for ortland and way port:
II. W. Lowland, A. Arnold. Ml.
Kllndt, Otto F. Frceso, M,M
White, Irlno White, Mnrgoretto Mul
loy, Mrs. Gillan, R. A. Bock, M D
Poyult, J. M. Hampton and seven
second class.
Whltesr;8ac HwaJaip.f in
Tho Kilburn Is billed to arrive here
on her return trip from Portland
Saturday and will sail the same dar
for San Francisco.
NOTICE. THE CASTLE REST, ot
North Bend, will reopen Monday,
Juno 24, after being fairly reno
vated.
PV
25000
can buy elsewhere,
to sell
beginning at 10:30
o'clock a. m.
coo
Cures Backache
Corrects
Irregularities
Do not risk having
Bright's Disease
or Diabetes
P
M J4 it- 4. -
--'Ss-
-TT.U'f'WlM.llH js
112 i--
'" """