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About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View This Issue
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wnr-Tiitfuvj,- irmnoririci-u, uncuum, OUIVUA f , JULY 14,1907.
(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
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
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
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
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.
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
Office opp. Central Hotel
CIVIL ND MECHANICAL
North Bend, Ore.
Office in Myers BIdg.
CORTHELL & DURKEE
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
Itob3 tho vast sea; the moon's an
And her pale firo she snatches from
Tho sea's a thief, whose liquid
The moon Into salt tears; tho
earth's a thief
That feeds and breeds by a compos-
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
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
Caltt., Flret Nartc,
ortland Or., Firs!
tlonol Hank, No
5rk, N. SI. Kotbehlld &
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
JOHN W. FLANAGAN
Send in your orders Now
Eggs Shipped anywhere in the
An n ouncements:
Open every evening from
7 to 10, and Saturday
afternoons from 2 to 5,
week days only.
25 conts Jor u3 of Rink
15 cents for thoso using
their own skates.
10 conts ' admission to
Special attention given to
childron Saturday after
noon. Best of order
mrt ondtr iam
D L Avery,
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
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
MISS M. B,
TEST AT THREE FEET
are tho lines in"4tfi?se circles all
tho same blackness, if not you
come in and I will explain what
your trouble is.
F. J. HAYES
TEST YOUR OWN EYES
ON EAST SHORE OF BAY
Level bench land, all cleared, for business blocks
Gentel sloping, Alder covered land, for residence
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
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
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.
?ED. Tobuy, chlfi
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
do more. or Diabetes
E. E. STRAW, M. D.
PHYSICIAN AND SUROEON
Diseases of tho Eye, Ear, I.oso
and Throat a specialty.
Ollice' in Lockhart's Building.
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!
DR. 3. W. INGRAM.
lslcia imi burgeon.
Ofllc over Sonestackon's Drug Store.
Pboree Office 1621; residence 783.
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
C. F. McKNIGH!
Upstairs, Bennett & Waiter block.
Marshfleld, ... Oregon.
J. W. SNOVER
Offloe: Rogen building
COKE & COKE,
Marshfleld, - Oregon.
PIXLEY & MAYBEB,
Offloo over Myers' Store.
Pbrone 701 . . . North Rend, Ore.
BRIGIIAM & BELL,
North Bend, . . Oregon.
Real Estate Agents.
DIER LANW COMPANY
Real Estate Brokers '-
North Bend, - Oregon.
MR. ALBERT ABEL,
Contractor for laming of nil kinds.
IcPherson Ginser Co.
Wholesale liqur dealers
Cigars and salHon sup1-
California Wines a Specialty
Front St., Marshfield
MARSHFIELD and NORTH BEND
All work fiowwne at
the North Bend Plant
North Bend Phone 1031
Marshfield Phone 180