a j. ip
lir
l
f
Iroad Lands Situation
(Continued from page 3.)
rt of the land laws of the United
is.
ngress did not Intend tho road
intiv in npnlilM nil np nnv nf thn
'a nf tlir. trinf fef M. efntn In
jutlon of tho trust "shall sell the
,u 10 any one icrson oniy in
htltles not greater than one quar-
oftit Inn ' If la tnntnti1nl In lirt
I of tho state that the state could
( grant the entire trust estate to
road company, for the latter
i'ld not bo tho party entitled to
in.
i"he parties entitled to them wero
iividuals of a numerous class, or
public. Consequently It is con-
ded that the road company was
,luded as the sole beneficiary en
led to the lands.
Was It a Hrciich of Trust?
instead of selling tho lands to in
rlduals at $2.50 an acre, in tracts
t larger than 1G0 acres to one pur
ser, the Oregon & California
tllroad company refuses to sell to
Slvlduals, thus barring great areas
m settlement.
'This is In violation of the act of
ingress providing than "any one"
Jght acquire the land by paying
i.50 an acre, the money to bo de
nted to building tho road. Tho idea
Jat one company or person could
pquiro all the lands is expressly
gated by the provisions of the act
t congress limiting sale3 of ICO
$:res to any one person. Only by
disposing of the lands to many per
sons could they discharge tho trust
nd relievo the lands of tho trust
Ij-nposed upon them.
- It is reported that people of south
western Oregon are also filing on
Jand of tho Southern Oregon Land
.ion of tho late Judge Bellinger to
;ompel that company to sell It to In
lividual settlers at $2. CO per acre,
is It hoped by claimants to South
srn Pacific land to force that corpor
itlon to do so. The lands of the
Jouthern Oregon Land company are
n a different position, however,
'rom those held by tho Southern Pa
:lflc company. In the case of tho
ormer lands the-grant was made to
Vin otntn i) n tnifltpo. the lands to be
;lven to a company that would build
t wagon road from tho Uoguo River
ralley to Coos Bay.
The stato certified that a company
tad built the road, and on the state's
ilrtiflcates patents wero issued, and
he lands have since been transferred
n n body. Judgo Bollinger held that
ho provisions as to the prlco of
andB amount to bo sold to ono per
lon wero mero Incidents to the
At. ttint tYin nnrtlflnntlnn hv the
" tate waB a' disavowal of tho trust in
hese respects, as if a trust exiBieu;
hat tho plaintiff was a beneficiary
)f the grant and so had no standing
n court, and that the groat laspo of
Imo since tho grant was made 34
ears was a bar to the action.
It is to bo presumed that notwlth
Itanding tho case of tho Southern
'acific lands is not on all-fours with
hat of the Southern Oregon Land
orapany, much tho same arguments,
xcept tho state's part as a trusteo
.r agent, will bo used in support of
ho railroad's position as against tho
mmerous claimants who are now
eoklng to gain possession of these
ands under the terms of tho grant,
f this action had been taken a few
ears ago wo would have had no
innn that It could be maintained
.'-, tself In the courts, but there Is
growing up a uispusiuuu uu mu i. .
of tho courts to talto a somewhat
different view of many matters rela
ting to coiporato rights and privi
leges from that which obtained some
years ago. Courts, as well as, If not
to so great nn extent or so quickly
as legislative bodies, respond to pub
lic sentiment; and no Judgo can fall
to see and know at once that as a
matter of equity and real naked
right, as between corporation and
people, tho railroad company wrong
fully withholds those lands from tho
people.
Beyond any doubt tho railroad cor
poration has moro than a third of a
century continually and persistently
violated tho terms of tho grant and
neglected and refused to perform
its, plain clear part of tho contract
with tho people. But It will bo said
that these particular claimants lmvo
no special interest, have no standing
in court, that only tho government
can net and many other legal argu
ments will bo mnde.
Thero cau bo no doubt what tlio
intention of congress was In niaklng
tho Oregon railroad land grant. Tho
law distinctly declared that tho land
should bo sold to settlors at $2.50
an aero, and tho debato showed
the railroad would onhanco tho valuo
plainly and clearlV that Inasmuch as
of tho land, it was thought tho set
tler could afford to pay doublo tho
price charged by tho Government
that is $2.50 an aero for tho land
within the grant. Thus, the coun
try would got tho railroad and the
settler would get land enhanced in
value by tho road, yet at a low prlco.
Tho timber lands wore not esteom
od of great value then, but have bo
como of groat valuo slnco. But tno
KranteS-tho railroad-treats the
lands as Its own, which It may Bell or
not- and If it soils. It may make any
pdeo It Pleases. Of some of those
lands n single quarter must bo worth
5Tho 'claim as to theso lands doubt
less runB straight with tho curront of
Konora thievery, under tho common
claim that every Individual or cor
poration has a right to mako as much
as ho can out of tho government and
people, by hook or crook, no matter
lllt goes on tho assumption that It
is the ago of thlovory; of which In
deed there are multitudinous proofs.
Municipal franchises, land grants,
timber steals, aro examp es. Ono Is
roratadod of tho fierce Invective of
Timon. after his discovery of this
propensity of mankind:
"I'll oxamplo you with thlovory;
Tho sun's a thief, and with his great
RobsTho' vast sea; tho moon's an
arrant thief, .
And her pale Aro aho snatches from
tno sun.
THE DAILY COOS BAY TIMES, MARSHFIELD,
ii Mi.il nul'.. J ii..i' a -l.i ...ui.j
The sea's a thief, whose Hqld surge
resolves
"Tho moon Into Bait tears; the
earth's a thief
That feeds and breeds by a compos
turo stolen
From general execremeni; each
thing's a thief
Tho laws, your curb and whip, In
their rough power
Have unchecked theft."
Tho argument Is that since thiev
ery Is general, It has Its rights and
sanctions. Yet tho pessimism Is
somewhat extravagant for our time,
slnco now there Is an awakening of
public conscience.
But It Is awakening somewhat
late. Most of tho goods are gone.
Congressman Hawley at tho ses
sion of the Willamette Valley De
velopment league spoke at some
length upon what he termed the
greatest factor in retarding Oregon
and particularly western Oregon's
development tho railroad grants,
the withholding of these Immense
tracts from settlement and develop
ment by the railroad company. He
fully discussed tho early orglnlzatlon
of the railroad company in this state,
and its acceptance of this grant, to
which, he stated, tho railroad people
have no right to title and who have
failed to comply with the provisions
of the grant.
He said ho had been Informed by
Secretary Bonaparte that the provi
sions of this grant could and would
be enforced as soon as the necessary
Informatldu regarding it could bo ob
tained by the department, a special
agent now being In the state, quietly
securing this information. He pro
phesies that at no distant day tho
norvislons of the railroad grant in
Oregon will give tho people much
relief in the restricted land sections
of the state and greatly promote new
developments. He said our people
aro not antagonistic to the railroads,
but had showed their appreciation of
tiiem to such an extent ihat they had
overwhelmed them wltn patronage
and business, and that the railroad
people 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 pass
engers. Their engaging in coal min
ing, lumbering, etc., are unfair com
petition in theso common industries.
Mr. Hawley closed his remarks by
expressing his intention to work vig
orously for the enforcement of that
provision of the railroad land grant,
but at all times to avoid any prose
cution or unfair treatment of tho
railroad people, declaring he had no
quarrel with them.
It cannot bo 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 patent feature in tho de
cision of tho court.
Taking Into consideration the fact,
that in similar railroad land grants
In Wisconsin and Michigan the
courts compelled the railroad com
panies to conform to tho terms of
their grant. Tho terms of their
grants were identical with the Ore
gon & California railroad grant.
There Is no good reason wny me
courts In the case of tho Oregon &
California Railroad companies
should not do likewise. Nor is this
all. Attorney General Bonaparte,
In response to a letter to the secje
tary of the Interior nsklng that a law
be drafted to be presented to con
gress to compel the railroad com
panies to comply with the terms of
their grants, says; in effect:
"Thero is plenty of law in tho
statutes now to compel the railroad
companies to comply with the 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."
Attorney's Farrln & Farrin havo
taken up tho matter for upwards of
200 applicants In Coos county. The
attorney general of tho United States
and of tho stato of Oregon as well
as tho Oregon delegation In congress
gal 4
havo promised their active support
to break tho monopoly of tho rail
road company to mako them comply
with tho terms of their grant.
They havo at considerable expense
gathered together all tho data con
cerning tho grants of all land, and
havo a completo record held by the
Oregon & California Railroad com
pany In Coos county.
The' havo tendered to the Oregon
& California Railroad company since
Juno 1st. olghty thousand dollars In
cash for prospective claimants.
In order that overy ono may havo
an opportunity of securing 1G0 acres
of this land, Farrin and Farrln havo
made arrangements with a San
Francisco bank to tondor tho money
for applicants made through them,
so that tho applicant does not havo
to tlo up tho purchase prlco until tho
Oregon & California Railroad com
pany signifies its lntontlon to convoy
to tho applicant under tho terms of
thoir grnnt.
Ton dollars aro collected from
each applicant to defray tho exponsos
of tho suit, and unless a favorable
verdict Is rondored, no further cx
penso Is entailed.
Tho throwing opon of this vast
body of tho best tlmbor lanu In Coos
county will go far towards develop
ing our resources. It means that
land that has remained dorment and
unproductlTO for years will fall Into
tho hands ot small holders, who will
bo freo to dispose of It as they seo
fli. '
Tho tlmbor on tho Oregon & Cali
fornia Railroad company's land has
boon estimated by cruslors to bo
from four to forty millions to tho
quarter section, which at tho prlco
which tlmobr Is selling for at tho
present tlmo means from b!x to twen
ty thousand dollars per quartor sec
tion. Dr. J. Q. Goblo, tho well known
optician, of Medford, Ore., will Tlslt
nil Coos Bay towns during Sept.
For dates seo this paper later.
Hydo Carbln Paint makes your
old root now, tight and nro proof.
Baysldo Taint Co,
NEW INDUSTRY
FOR COOS BAY
California Man to Establish
. "Manufactured" Stone
Plant Here.
MACHINERY IS ORDERED
Will Be Hero In Thirty Hays Can
Work in W.'t Weather.
Another new Industry Is to be ad
ded to tho list on the Bay. Mr. F. J.
Monroe, of North Bend, has machin
ery on the way, which will be here in
about 30 days, for the manufacture
of all kinds of pressed stone. The
machinery is the very latest and is
called the Miracle. It will make tho
stone of any dimensions desired, and
so near an Imitation of the real
thing that only close inspection will
disclose the difference. It is claimed
that In two ways it is superior to the
cut stone, in that the double air
chamber makes It absolutely fire
proof. Mr. Monroe has two" places In view
in Marshlleld on which to establish
his plant, and will determine within
a few days which he will take. He
says everything will be in readiness
by the time the machinery arrives.
The machine is of such construction
that In cases where thero Is much of
the stone used it can be placed right
on tho Job, thereby avoiding any
handling of the manufactured article.
All that Is required is a covering and
tho stone can be made in any kind of
weather. A large plant is now being
erected in Oakland, "Cal. Mr. Mon
roe made the stone recently for two
fine buildings in Berkeley. It re
quires six men to operate one ma
chine. In addition to the Btone manufac
ture, he will manufacture sewer pipe,
tiling and ornamental bricks of any
color for mantels and lire-places
These bricks are used extensively for
jUie finest of residences.
Mr. Monroe Is not unacquainted
with tho Coos Bay country, having re
sided here 20 years ago. He has
gone ahead quiotly and investigated
everything and knows what he Is do
ing. His son is manager oi tno Bay'
side Paint Co. at North Bend.
Beverly & Danvers, high classed
sketch artists, will appear at Masonfc
Opera House tonight. Admission
free. ""
PROCTER FLANAGAN
RECEIVES BAD BfJRNS
Four Year Old Son of James Flana
gan Injured by Alcohol
Flames.
Master Procter Flanagan, tho four
year old son of Mr. and Mrs. J. H.
Flanagan, received some very serious
burns early Sunday morning, tho re
sult ot which is problematic. The
little fellow is at the Marshfleld Gen
eral Hospital where everything possi
ble is being done tp alleviate his suf
ferings. His faco is badly burned
and the eyes aro closed; the frbnt of
his body is also burned In a number
o places.
The accident happened while Mr.
Flanagan was about to heat some
milk for tho baby over an alcohol
lamp. Tho lamp -had been extin
guished, but was needed again, and
Mr. Flanagan was pouring tho alco
hol into the same. Master Procter
stood near watching tho proceeding.
It seemed there was Are In tho lamp,
or It had leaked, for thero was a
burst of flame, and tho boy's clothes
immediately wrapped in flames. Mr.
Flanagan succeeded In extinguishing
tho flames only after the littlo boy
had been so badly burned, and was
himself burned about tho hands
while fighting tho Ore. It Is feared
tho boy may loose tho sight of one
and perhaps both his eyes, but at this'
writing nothing deflnito can be said
and it is hoped tho accident will not
turn out ns disastrous as present In
dications suggest.
Mr. Vance, tho greatest come
dian on tho coast will eutertaln at
Masonic Opera House tonight. Ad
mission freo.
MAN BADLY BRUISED
IN MIDNIGHT FIGHT
D. Wllklns, a local contractor, is
laid up at tho Contral hotel, a badly
bruised man. Both eyes are swollen
shut and thero aro some bad contu
sions on his head. Ho was Injured
Sunday night In a ilstlc encounter
with young Jones, of tho Garfiold
House. Tho morlts and domerits of
tho caso will bo threshed out today
boforo Judgo Upton, City Recorder.
It Is said young Jones used his feet
on Wllklns ns woll as his hands.
Jones has $100 ball money In the
hands of tho officers to assure his
appearance
Drugs and Toilet articles at,
Lockhnrt-Parson's Drug Co.
Gaseno does tho rubbing. Hot
or cold water.
California and Oregon Coast Steamship Company.
Steamer Alliance
IV. W. OLSON. MaiUr.
COOS BAY AND PORTLAND
Sails from Portland Saturdays, 8 . .
Saik from Coos Bay Tuesdays, at service of tide.
f. P. Bauugartnor, Agt.
Oouh Bt. Dk, Portland, Or,
OREGON, TUESDAY, SEPTEMBER 3, 1907.
l Minimis TTI". ,) III IIB..I..I-L
GRAND RECEPTION
TO BE TENDERED
NOTED SCIENTIST.
Tonight at Masonic Opera House a
reception will be given to the Phe
nomenal Medical Expert, who has
consented to give a short lecturo on
bloodless surgery, and demonstrate
its use to the public.
Tho City Band will furnish music
for tho occasion. Several high
classed vaudeville artists will enter
tain the audience during the evening.
During the visit of this remark
able expert, the people suffering
many so called incurable diseases
will havo a chance to bo restored to
healthj The wonderful Syarthgist
and other perfected methods of
treating disease that has made the
heretofore so called Incurable dis
eases amenable to treatment will be
explained.
This noted scientist has been east
and south for several months In
stalling these new methods in tho
hospitals and medical colleges. He
goes from this city to San Francisco
and Los Angeles to introduce and in
stall these perfected methods of
treatment In the institutions of these
cities.
The papers east have been full of
reports of tliis wonderful work.
Admission will be freo tonight, so
the people can hear of this wonderful
work and be entertained by several
high class artists. Doors will be
opened at 7:30 p. m.
The wonderful Melnntte, the
double voiced soprano will appear at
Masonic Opera House tonight.
LEGAL CONTEST MAY '
TAKE PLACE TODAY
A fracas occurred at the O'Kelly
boat landing yesterday forenoon
which promises legal proceedings.
The gasoline launch Banshee, in ser
vice for Thos. Holland, tied near the
O'Kelly landing. This angered
O'Kelly, who'ordered It away, and In
the argument, he struck Irwin Ross,
one of the men In charge of the boat.
O'Kelly was on tho Banshee at tho
time and a Bult Is threatened for to
day. High class Vaudeville entertain
ment at Masonic Opera House to
night. Free to all.
FOUND NO1 HOUNDS
CHASING THE DEER
Cal Wright and Glenn Aiken re
turned from Ten Mile yesterday, hav
ing been there for a week, looking
for hunters who wero said to be
chasing deer with hounds. Strange
to relate, there was no evidence of
anything of the sort, and the sur
rounding country was as quiet as
Sunday for the great part of the
tlmo they were there.
Go to see champion of bloodless
surgery at Masonic Opera House to
night. Admission free.
A Logging Device.
The Willamette Iron & Steel
Works, of Portland, has on exhibi
tion at Ekblad's hardwaro store the
latest improved tubular butt-chain
block, a logging device that Is at
tracting a good deal of attention. It
is said to be the first of the kind ever
on the Bay. A. B. Daly is the agent.
For Sale Good residence on
Broadway. J. D. Johnson.
tho Kodak on
your outing trip;
n full lino with
supplies nt tlio
Red Cross
L. V, Bhav, AgC
lil u Jl.,JV "'W ' - n B
( DRAWING
iDon't Forget i if
Maiahfiald. Ora.,
Plioaa Ul.
Sperry Flour Co.
p. S. DOW, Agent
Offers the following prices
for the best exhibit of apples
and pears as tested by the
Marshfield Chamber of Com
merce Remember the date
September
1 bbl. Sperry
play of
1 SACK EACH P0R
Best Display of
1-
11 and
ra
liter
Let it known that ADLER'S FAMOUS COLLE
GIANS are on sale here. No matter how radical
or conservative the model, each suit bears the
earmark of unobtrusive elegance. And there's
a wide range of types browns, tans and
grays in styles that are favored by particular
and critical men.
Overcoats, Cravenettes and
R.ain-coats The Best Ever
PLANZ
ROLANDSON
2nd and B Streets
TRY A TIMES WANT ADV.
9
Sound Ring
apples.
THE FOLLOWING:
GHAVENSTEINS
NOItTHEItN SVV
BALDWIN
RHODE ISLAND GREENINGS
SPITZENBERQ
BEN DAVIS
GLORIA MONDAY
COOS RIVER BBAUTIES
RED ATPLES (Not named)
GREEN APPLES (Not named)
PEARS, ALL VARIETIES
AND GET THE BEST RESULTS. ...
A
i
-b. .: m