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About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View Entire Issue (July 14, 1907)
rffvrffSV , - TiflrflPi " itiffim ff nr r " 'nL'-rwfc'jiM wnr-Tiitfuvj,- irmnoririci-u, uncuum, OUIVUA f , JULY 14,1907. l&- m !9MC ! LAND MONOPOLY (Continued from pngo 8.) three miles wide on each Bide, this land to ho offered for sale In quantities of not more than ICO acres to one purchaser, and at a price not exceeding $2.50 an acre the proceeds to bo spent In building the road and thus opening the country. To put this plan Into effect Congress passed the act of 1SGC. It will bo seen that thoro was no Intention of allowing all tho lands thus set apart to pass Into tho hands of one person or company. Tho act sot up guards against tho creation of tho land 'monopoly that lias been cre ated. Tho act of 1S0C laid specific Injunctions on tho trustees, which bc camo a part of tho land laws of tho United States. Congress did not Intend tho road company to acquire all or any of tho lands of tho grant, for they stato, In execution of the trust "shall sell the same to any one person only In quan tities not greater than ono quarter section." it Is contended on be half of the state, that the state could not grant tho entire trust estate to tho toad company, for tho latter could not bo tho party entitled to them. The parties entitled to them wore Individuals of a numerous class, or tho public. Consequently it is con tended that the road company was excluded as a solo benellclary on- titled to the lands. Was It a Breach of Trust? Instead of soiling the lands to in dividuals at $2.50 an acre, in tracts not larger than 100 acres to one pur chaser, tho Oregon & California Rail road Company refuses to sell to In dividuals, thus barring great areas from settlement. This is In violation of tho act of Congress providing that "any ono" might acquire the land by paying $2.50 an acre, tho money to bo do voted to building tho road. Tho Idea that ono company or person could acquire all tho land3 Is expressly negated by tho provisions of tho act of Congress limiting the sales to 1C0 acres to any ono person. Only by disposing of tho lands to many per sons could they discharge tho trust and relievo tho lands of tho trust Im posed upon them. It is reported that people of south western Oregon are also filing on land of tho Southern Oregon Land Company, hoping In spite of a de cision of tho lato Judge Bollinger to compel that company to soil It to In dividual settlers at $2.50 per acre, as it is hoped by tho claimants to Southern Pacific land to enforce that corporation to do so. Tho lands of Iho Southern Oregon Land Company are In a different position, however, from those held by tho Southern Pa cific company. In tho case of tho former lands the grant was made to Iho state as a trustee, tho lands to bo given to a company that would build a wagon road from tho Rogue liver valley to Coos Bay. Tho stato certified that a company kad built tho road, and on tho state's Bortlflcates patents were issued, and Bio lands havo since been transferred . a body. Judge Bellinger held that tio provisions as to the price of lands Bid amount to bo sold to ono person roro mero Incidents to tho grant; Of all descriptions. House j&iinting, pa per hafngingf, grain ing, oarriage paint ing ejcj Strictly pure stock sold on all jobs. J. B. Rohr Opposite Bear's Livery Stable W. A. HARING Dealer In f undream Milk and Buttolyjflk. Freo do livery to allparta of flie city. I forth Bend, Oregon m I R - that tho certification by tho stato was a disavowal of tho trust In these re spects, and if a trust existed; that the plaintiff was a beneficiary of the grant and so hnd no standing In court, and that tho great lapso of time slnco tho grnnt was made 34 years was a bar to tho action. It Is to bo presumed that notwith standing tho caso of tho Southern Pacific lands is not on all-fours with that of tho Southern Oregon Land Company, much the same arguments, except tho state's part as a trusteo or agont, will bo used in support of tho railroad's position as against tho numerous claimants who are now seeking to gain possession of these lands under the terms of tho grant. If this action had been taken a few years ago wo could havo had no hope that it could bo maintained itself in tho courts, but there Is growing up a disposition on tho part of tho courts to take a somewhat different view of many matters relating .to corporate rights and privileges from that which obtained somo years ngo. Courts, as well as, if not to so great an extent or so quickly as legislative bodies, respond to public sentiment; and no judgo can fail to sco and know at once that as a matter of equity and real naked right, as between corpora tion and people, tho railroad com pany wrongfully withholds tho&e lands from tho people. Boypnd any doubt tho railroad cor poration has for more than a third of a century continually and persist ently violated tho terms of tho grant and ncglcctqd and refused to perforin its plain, clear part of tho contract with tho people. But it will bo said that these particular claimants havo no special interest, havo no standing in court, that only the government can act and many other legal argu ments will bo made. There can be no doubt what the In tention of Congress was in making tho Oregon & California railroad land grant. The law distinctly de clared that tho land should bo sold to settlers at $2.50 an aero, and the debate showed pallnly and clearly that Inasmuch as tho railroad would enhance the valuo of tho land, it was thought tho settler could afford to pay double tho prico charged by the Government that is $2.50 an acre for tho land within tho grant. Thus, tho country would get tho railroad and tho settler would get tho land enhanced in valuo by the road, yet nt a low prico. The tlmbor lands were not es teemed of great valuo then, but havo become of great valuo since. But tho grantee tho railroad treats the lands as Its own, which it may soli or not; and If It sells, It may mako any price it pleases. Of some of these lands a singlo quarter sec tion must seom to bo worth $20,000. Tho claim as to these lands doubt less runs straight with tho current of general thievery, under the com mon claim that every Individual or corporation has a right to mako as much as ho can out of the Govern ment and people, by hook or crook, no matter how. IP Dr. Bancroft FbR, VISUAlpBtfECTS NERVOUS CHR.OMC ILLS Office opp. Central Hotel wxni'VttyvmmmyWxmwK!?. CIVIL ND MECHANICAL .ENGINEERS North Bend, Ore. Phonel210 Office in Myers BIdg. CORTHELL & DURKEE Contractors nndrBuilders Plans drwnrestimates fur nished. Cdrrfor Durkee, back Hibbard's grocery store. P. O. Box 58. It goes on tho assumption that It Is the ago of thievery; of which in deed there nre multitudinous proofs. Municipnl franchises, land grants, timber steals, are examples. Ono Is reminded of tho fierce invective of Timon, nfter his discovery of tho pro pensity of mankind: "I'll example you with thiovcry: The sun's a thief, and with his great attraction Itob3 tho vast sea; the moon's an arrant thief, And her pale firo she snatches from tho sun. Tho sea's a thief, whose liquid surge resoUos The moon Into salt tears; tho earth's a thief That feeds and breeds by a compos- ttiro stolen Prom general execrement; each thing's a thief Tho laws, your curb and whip, In their rough power Have unchecked theft." Tho argument is that slnco thiev ery Is general, It has Its rights and sanctions. Yet tho pessimism is is somewhat extravagant for our timo, since now thoro is an awaken ing of public conscience. But It Is awakening somewhat lato. Most of tho goods are gone. Congressman Hawley at the session of tho Willlametto Valley Develop ment League, at Forest Grovo on June 27, spoke at somo length upon what ho termed tho greatest factor In retarding Oregon and particularly Western Oregon's development tho rallorad grants, and the withholding of these immense tracts from settle ment and dovelopmpnt by the rail road company. Ho fully discussed tho early organization of the railroad company in this state, and its ac ceptance of this grant, to which, ho stated, the railroad people havo no right or title and who have failed to comply with tho provisions of tho grant. He said he had been informed by Secretary Bonaparto that the provi sions of this grant could and would bo enforced as soon as tho necessary information regarding it could bo ob tained by the department, a special agent now being in the stato, quietly securing this information. He pre- Flonagan & Bennett Bank MARSHFIE D. ORCOON. Capital Subscribed ?VMXX) ' Cnpitnl l'aiil Dp 1-10,000 Undivided Prod Us $35,000 Poos n concml ou tbo iiftnfc ol bnstnesi mid draws allIornla.ran Kranelnco Caltt., Flret Nartc, ortland Or., Firs! Nntlonal hank, Ilanover Ka- tlonol Hank, No 5rk, N. SI. Kotbehlld & Son,lClidoii,Eng, Also soil change on nearly all tbo principal cities of Europe. Accounts kept subject to check, safe deposit lock boxes for rent at 6 cents a month or $3. a yenr. v . INTEREST PAID ON TIME DEPOSITS I can furnish the following Thoroughbred Eggs at $2.00 Per Setting Rhode Island Reds Barred Plymouth Rocks White Leghorns Pekin Ducks JOHN W. FLANAGAN Send in your orders Now Eggs Shipped anywhere in the county. SKATING An n ouncements: Open every evening from 7 to 10, and Saturday afternoons from 2 to 5, week days only. Prices: 25 conts Jor u3 of Rink Bkates.--1 15 cents for thoso using their own skates. 10 conts ' admission to Gentlemen evenings. Special attention given to childron Saturday after noon. Best of order maintained. always mrt ondtr iam ba: (it al rmnk IfcsobtQgTc land D L Avery, Manager gUasEBBEsaHBfuastscsaaHfaaBaaHUini w;il beyond the reach of medicine. No. medicine can diets that at no distant day tho en forcement of tho provisions of tho railroad grant in Oregon will give tho people much relief in the restricted land sections of the stato and greatly promoto now developments. Ho said our people are not antagonistic to tho railroads, but had shown their ap preciation of them to such an extent that they had overwhelmed them with patronage and business, and that tho railroad peoplo have no cause to complain on this score. Mr. Hawley said legislation should bo enacted to prevent railroads from engaging in other business than the transportation of freight and passen gers. Their engaging in coal min ing, lumbering, etc., Is unfair com petition in these common Industries. Mr. Hawley closed hia remarks by oxprcssng his intention to work vig orously for the enforcement of tho porvisions pf tho railroad grant, and at all times to avoid any prosecution or unfair treatment of tho railroad people, declaring ho had no quarrel with them. It cannot be' successfully denied but what courts are somewhat in fluenced In their decisions by public opinion. And with tho public senti ment aroused as in the present case, It will be a potent, factor in the de cision of the court. Taking into consideration of fact, that In similar railroad land grants in Wisconsin and Michigan the courts compelled the rallorad companies to conform to tho terms of their grant, and the terms of their grants wero MARSHFIELD GENERAL HOSPITAL MISS M. B, Hoppita and iueuical c Rates reason- able. Phone 991. TEST AT THREE FEET Each Eye are tho lines in"4tfi?se circles all tho same blackness, if not you have Astigmatism. come in and I will explain what your trouble is. F. J. HAYES OPTOMETRIST JfefACK, MaJj-on fojrfWurgical OTCS TEST YOUR OWN EYES I MM VVMHIUMV ON EAST SHORE OF BAY Level bench land, all cleared, for business blocks Gentel sloping, Alder covered land, for residence lots. Reasonable Prk$$kasy Terms Also 550 acres DairjQsafnon Kentuck Inlet. Call at our office opposite Central Hotel, Marshfield, Ore. or call us up on" phone. O. C. SETHER, Pres, and Gen. Manager N. F, THRONE, Secretary I WANT TO INVEST $100,000.00 in Coos County Ranches, Farms, Coal and Timber Lands, Iloincstcnd and Timber Claims, Improved mid Unimproved Cliy nnd Town Properties. I will deal only with ownrj. No ngents. GIVE IN DETAIL FULL PARTICULARS as to Iocnfcn, improvements, LOWEST CASH PRICE, etc., or NO ATTENTION ftt m bo given your nnswera. If I desiro your property nt YOUR PRICE, I will call Address "Investor" Care Dally Times MARSHFIELD, OREGON 1 ' ' "-'.' 1 '.' ' '"'. H'l.. . ill fyf TTTVf'r Af aAArr TVlt3rrfTQr nrrt RrlnHf'n DlMnoh identical with tho Oregon & Califor nia railroad, there is no good reason why tho courts in tho caso of the Ore gon & California Railroad companies should not do likewise. Nor is this all. Attorney General D6noparte, in a response to a letter to the Secretary of the Interior asking that a law be drafted to bo presented to congress to compel the railroad companies to comply with the terms of their grant, says; In effect: "There is plenty of law In tho statutes now to compel tho railroad companies to comply with tho plain intention of congress." And that tho machinery of his department would bo exerted to tho utmost to force a compliance of tho terms of their grant. Attorneys Farrln & Farrln havo taken up tho matter for upwards of 200 applicants in Coos County. Tho Attorney General of the United (Continued "on page G.) FOIl RENT Two Furnisher! House keeping rooms, closo In, cheap. Coos Bay Auction Co., Second street, bet. D an1 C. GEM RESTAURANT, NORTH BEND. Open day and night. Serves everything the market affords. FOR BALD A fain, of 80 acres on Daniels' Creek. Address E. R. Jones, Box 110, Marshfleld. 5-28-1 FOR BALE A small Improved form. This is a bargain. Apply at Hall & Hall's office. 6-1-1 WANTED Men to work In sawmill, wages" (2 per day and upward. Simpson Lumber Co. 8-241tf. WANTED, ?ED. Tobuy, chlfi Times OKcgX rags. Ap- ply DRESSMAKING by Mrs. G. W. Boh lon at back of the Times building. NOTICE TEACHERS WANTED. Application will be received by the clerk of school district No. 6, Empire City, Oregon, for tho posi tions of principal and assistant; references must accompany appli cation. WANTED Dishwasher at Hotel Oregon, North Bend. WANTED A thoroughly competent girl for general housework. Good wages. Apply to Mrs. Seng stacken. WANTED Five or six furnished rooms for light housekeeping. Ad dress G. F. Mitchell, care C. A. Smith Lumber Company. tf WANT ADS BAY CITY on you. do more. or Diabetes Business Directory Doctors. E. E. STRAW, M. D. PHYSICIAN AND SUROEON Diseases of tho Eye, Ear, I.oso and Throat a specialty. Ollice' in Lockhart's Building. Marshfield, Oregon DR. HAYDON Office opposite Union Furniture Store, noun 10 to IZand 2 to fi .. Special attention pnfd to diseases of tho ln urinary and digestive organs U. s:l'cnslon examine! Marshfield, Oregon DR. 3. W. INGRAM. lslcia imi burgeon. Ofllc over Sonestackon's Drug Store. Pboree Office 1621; residence 783. Lawyers. E. L. C. Farrln Geo. N. Farrlo FARRIX & FARRIX Attorneys nt Law City Attorney, Dep District Attorney Will practice In U. S. Courts and before tho U. S. Land Oflcc. Lockhart Building, Marshfieltt, Ore. Phono Main 41. L. A. LILJEQVIST, LAWYER, United Stntea Commissioner, U. S. Land Matters. Filings, Entries, Proofs, ContcstB, etc. J. W. BENNETT, Ofiloe over Flanagan & Bennett l- Bank. Marshfield, C. F. McKNIGH! Attorney-at-Law. Upstairs, Bennett & Waiter block. Marshfleld, ... Oregon. J. W. SNOVER Attorney-at-Law Offloe: Rogen building Marshfleld, Oregon COKE & COKE, Attorney-at-Law. m Marshfleld, - Oregon. PIXLEY & MAYBEB, AJSornoys-afc-Law. Offloo over Myers' Store. Pbrone 701 . . . North Rend, Ore. BRIGIIAM & BELL, ARCHITECTS, North Bend, . . Oregon. Real Estate Agents. DIER LANW COMPANY Real Estate Brokers '- North Bend, - Oregon. MR. ALBERT ABEL, Contractor for laming of nil kinds. Phono 1884. IcPherson Ginser Co. Wholesale liqur dealers Cigars and salHon sup1- plies. California Wines a Specialty Front St., Marshfield Coos Bay Steam Laundry -.Of MARSHFIELD and NORTH BEND All work fiowwne at the North Bend Plant Edgai Mauzey Agent, Marshfield North Bend Phone 1031 Marshfield Phone 180 - x