HBHHHHHHHHHHH!IEi
A 55 T bus,no88 Timei d.
Jkll They are dally demonrtr
ting tho fact. No business so brisk
a Times ad. -will not mako It brisker.
No business so dull a Times ad. frill
not enliven It. Times ads. aro great
aids.
Thcro Is not
a slnglt fll
N
column In The Times, everj
ono carries matters of interest. Not
tho least interesting part of the paper
is its advertising columns. Plan
your purchases from Times ads. It
will pay.
MEMBER OP ASSOCIATK1) I'll ESS
VOL II.
THE COOS BAY TIMES, THURSDAY, FEBRUARY 27, 1908.
No. 201.
ASK POSTPONEMENT OF
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SUIT IS BEGOTiiST
SOUTH OU COlPAi
COURT USED
US EKPLOITER
RULWAY5
ENFORCE
fflVFIITIOl!
UUtiyLllSIUil
urui
Claimants Want Land Granted
for Building of Coos
Bay Wagon Road.
TERMS FIXED BY CONGRESS
Act Provides Tlmt Land Ho Sold in
Tracts Not Larger Thau 1(10
Acres, at Jjtt.fiO an Acre Land
Sold by Owners In Hulk.
Contending that applicants for
land of tho Coos Bay wagon road
grant should have the right to buy
the land in IGO-acro tracts at a price
not exceeding $2.50 an acre, SG ap
plicants have brought suit In the
United States Circuit Court against
tho present possessor of the la rift
tho Southern Oregon Company,
whose chief stockholders aro William
W. Crapo, William J. Kotch, Elijah
Smith and Prosper W. Smith, resi
dents of Now York and Boston. These
applicants want a total of 17.000
acres out of 02,000 held by the comp
any. Another suit will bo filed next
week for some 1700 acres more.
Tho would-bo purchasers base their
claims on the land grant act of Con
gress which donated the lands to aid
construction of a wagon road from
Roseburg to Coos Bay and which says
that tho "lands shall be sold to any
one person only in quantities not
greater than one quarer section and
for a price not exceeding $2.50 per
acre."
In spito of this language of tho
law, tho land has been sold repeated
ly in bulk and now the possessor is
willing to sell only the most worth
less at $2.50 an acre.
The land was granted by tho U. S.
to the State of Oregon, which In
turn, by Legislative act, granted It
to tho Coos Bay Wagon Road Co.,
"upon the conditions and Hmitationns
therein prescribed" (in tho act of
Congress). Tho Coos Bay Wagon
Road Company sold 35,53;! acres of
the land to John Miller, alias Am
broso Woodroof, in 1S75, and sold
the remaining 01,143 acres to Will
iam H. Besse, in 1SS4. Woodroof
sold to Collis P. Huntington, Charles
Crocker, Leland Stanford and Mark
Hopkins; Huntington, Stanford and
Hopkins sold to Crocker, Crocker to
Besse, and Besso to Russell Gray,
Gray to tho Oregon Southern Im
provement Company, that company
to Crapo and Roach, and they to the
Southern Oregon Company. Tho
land which tho Coos Bay Wagon road
company sold directly to Besse, he
sold to tho Oregon Southern Improve
ment Company, that company to Cra
po and Rotch and they to tho South
ern Oregon Company.
Sales Alleged to Be Void.
The Coos Bay Wagon Road Comp
any sold tho lands, says the com
plaint of the applicants for tho land,
"disregarding, disobeying and con
temning the conditions, restrictions
and limitations in said act of Con
gress and act of tho Legislature of
tho State of Oregon," and tho com
plaint alleges the sales therefore were
"absolutely null and void and of no
effect and conveyed no estate or title
whatsoever in or to any of said es
tate." On account of the doubt, therefore,
that title has passed legally from the
Coos Bay Wagon Road Company, Its
stockholders aro mado parties to tho
suit, together with the Southern Ore
gon Company. The company is now
dissolved.
The complaint prays for a decree
from the court as follows:
First That Congress created tho
grant upon a "condition subsequent"
which "was and now is annexed to
said estate" limiting tho selling price
to $2.50 an acre and quantity which
any purchaser may buy to 160 acres.
Second That the demand of tho
claimants for the land be declared
valid and tho applicants bo given
first claim to the lands sought and
pay tho Southern Oregon Company
$2.50 an acre, together with all taxe.
paid on tho land.
Third That tho Southern Oregn
Corapany render an account of an
taxes paid.
Fourth That the Southern Ore
gon Company execute deeds to tho
applicants for the lands they seek to
buy.
Fifth That If the company neg
lect so to do, that the decree of tho
MANY RESCUED
FROM FIRES
Two Early Morning Conflagra
tions in New York Cause
Much Suffering.
(By Associated Press.)
NEW YORK, Feb. 27. Two were
burned so severely that they may die
and a dozen severely hurt and scores
rescued from perilous positions by
firemen at two early morning flres
today. Although in widely separated
sections, It is believed both flres wore
of Incendiary origin. The most seri
ous flro was in a tenement at 43
East First street, where tho firemen
rescued many scantily clad men,
women and children from flro es
capes, and a man and daughter who
hud inhaled flames aro in a danger-
'ous condition. Tho other flro was In
an apartment houso at 247 East
1 140th street, where forty persons
were removed from a burning build
ing by policemen and flremon.
One Thousand Have Been Ex
tracted From Various
Offices in U. S.
(By Associated Press.)
PORTLAND, Feb. 27. Tho postal
authorities at Washington have sent
out warning to be on the look out for
forged money orders. About 1000
orders have been stolen from tho
various postoffices of tho country, In
cluding 170 from Seattle and 377
from the office at Richmond, Wash.
A largo number of tho forged orders
have been cashed.
HERO'S SAD DEATH;
POOR, BUT PROUD
Bravo Veteran of Civil War Dies
From Starvation In Cleveland,
Ohio.
(By Associated Press.)
CLEVELAND, Fob. 27. Dead
from lack of proper food, Russell
Page, a civil war veteran, decorated
by Congress for valiant service at
Fort Donelson, was found dead in
bed yesterday at his home. While
Page was dying, his wife was vainly
searching for work. Page was con
fined to his bed as a result of a
wound received in war but was too
proud to ask for aid as was his wife.
court stand as a deed to the lands in
favor of the applicants; also that a
receiver bo appointed to protect the
interests of all parties.
Sixth That tho applicants be
reimbursed by tho company for the
costs of the suit.
Seventh That tho company be
decreed trustee of tho lands, holding
'them for tho benefit of the State of
Oregon, tho United States and tho
applicants for tho land.
Bonaparte Party Defendant.
Attorney-General Bonaparto is
cited as a party defendant In tho suit,
'in account of tho Interest which the
Government authorities claim the
Government possesses In tho grant.
The applicants ask for a receiver
because of the ninny conflicting
I claims to tho land that will be made,
! and tho confusion and injustice that
will result, and because there is
j 'anger that tho Southern Oregon
Company may sell all the lands Ini
oled in the suit and complicate title
to tho land in somo manner. The
complaint cites Hr.t all tho lands
sought are vacar inlraproved and
wild and wilfully v ardlng from set
tlement, thus retarding tho growth
of tho community, T. S. Mlnot It at
torney for tho applicants.
anr 010101
H L uiuLLl
I ii I Eat w m ymr BBS una B
Western Retail Lumbermen's
Association Convenes
Tacoma.
SEVERAL HUNDRED ATTEND
"resident George B. Merrill Makes
Annual Address. Discussion on
"Order Responsibility."
(By Associated Press.)
TACOMA, Feb. 27. Tho incoming
rain today was crowded with dele
t'es to tho Western Retail Lum
bermen's Association. Five hundred
aro now In attendance, three hundred
from Oregon and western Washing
ton, and two hundred from tho east
and a number from California. The
sessions commenced thi3 afternoon,
the opening address being made by
Robert L. McCormick, to which Rev.
P. A. Slmpkln, of Salt Lake, respond
ed. President Georgo B. Merrill, of
Salt Lake, made tho annual address
and Secretary Porter presented his
report. Tho discussion of "Order.
Responsibility" and cancellation
abuse, followed a paper on tho sub
ject by R. J. Menzo of Seattle.
Countries Across the Sea Take
Advantage of Lower.
Prices.
PORTLAND, Feb. 29 With liberal
orders coming in from foreign coun
tries and a fairly active local de
mand, lumbermen aro not as badly
off as a few weeks ago when rail
shipments for points east of tho
Rockies were practically called off.
At that time foreign business was
very slack. Tho foreign business is
relieving cargo mills, although the
business has been and is being se
cured at low prices.
It is said to bo a certainty that
without relief from tho foreign mar
kets the new and advanced freight
rate, coupled with tho financial flurry
throughout tho country, would have
meant that most of tho mills In this
district, and on tho Washington
coast, too, would have had to remain
closed for a long time. While a
number of mills depending chiefly on
rail business are still closed, most
mills on navigable waters have re
sumed operations. Arrangements
for tho export of approximately 10,
000,000 feet to the Orient from this
port were mado during tho week.
While tho business Is being dono
at a small margin, it is said to have
a tendency to advertise tho Oregon
pine so that future business might re
sult under moro satisfactory condi
tions. Local prices havo shown no de
cline during the week, and while
some predict that the bottom has not
yet been reached, moro optimistic
dealers are of the opinion that the
next change will bo ran advance. Logs
are still being held at from $7 to
$10 per thousand, which millmen de
clare precludes any possibility of fur
ther slashing In quotations.
Logging camps along the lower
Columbia river havo been resuming
operations gradually, but there are
still a few that will probably not be
gin felling trees till tho beginning of
April. Those In operation have been
favored with exceptionally lino wea
ther. Shingle manufacturers report no
ticing a healthier tono In tho market,
although prices are still down. Most
of the mills In this vicinity aro cut
ting. Tho steamer Mortlake left for
Port Adolaldo with 2,000,000 feet,
and tho American bark Acme is there
loading for New York. She will tako
away 2,000,000 feet.
Fish in tho window, fish In tho
kitchen and fish on tho tables at
Smith's Cafe.
SITUATION
Sensational Phase Developed
in Libel Case in San
Francisco.
AGITATE WATER QUESTION
Assistant District Attorney Cook
Jloes Dismissal of the Case
Judge Allows to Proceed.
(By Associated Press.)
SAN FRANCISCO, Feb. 27. Tho
trial of R. A. Crothers and Fremont
Older, proprietor and managing edi
tor or the San Francisco Bulletin, on
a charge of criminally libelling Wil
liam S. Tevls, one of the wealthiest
men in tho state, took a sensational
turn today. Assistant District At
torney William Hoff Cook asked the
court to send tho ten jurors and 25
talesmen out of. the room as he
wished to mako a statement. Cook
expressed his belief that tho case was
instituted for tho sole purpose of ex
ploiting the merits of tho Hetch
Hetchy and Bay Cities water system.
He wished to inquire whether there
was a collusion between E. P. E.
Troy, the attorney who swore to the
complaint, and tho defendants, as
Troy had refused to divulge at whoso
instigation he had brought the com
plaint. Troy was called to the wit
ness chair and stated that he
had sworn to the complaint
at the request of Daniel Mur
phy, a member of tho water supply
committee of the board of super
visors, for the purpose of exploiting
tho water question and bringing it
before the people of San Francisco.
Tho witness declared he had acted
solely at tho request of Supervisor
Murphy and that there was no col
lusion with the defendants or with
the district attorney's office. Coos
declared the case was not brought In
good faith and moved Its dismissal.
Attorneys for tho defense protested,
demanding a full hearing. Justice
Dooling ordered the case to proceed.
Missouri Supreme Court De
clares Two Important Acts
Unconstitutional.
(By Associated Press.)
JEFFERSON CITY, Feb. 27. The
supremo court decided unconstitu
tional tho law passed by tho last
legislature prohibiting the sale of in
toxicating liquors within five miles of
any state educational Institution hav
ing 1,500 studens enrolled.
Knlcks Out Other Court.
JEFFERSON CITY, Feb. 27. An
opinion written by Judge Gantt was
handed down by tho Supremo Court
today holding tho law creating tho
court of general sessions for tho City
of St. Louis as unconstitutional, and
tho court as null and void. The bill
creating the court was passed In
1907. Governor Folk appointed
Judge II. P. Rogers to preside and
over 700 cases have been tried by
the court. According to tho Su
premo Court's decision criminals who
aro confined on pleas of guilty and on
sentences imposed by Judge Rogers
are illegally restrained of their lib
erty and entitled to freedom.
IN HONOR OF KING.
Portuguese in Eastern States Hold
Services.
(By Associated Press.)
BOSTON, Feb. 27. Tho Por'n
gueso in many sections of New En
gland and tho United States tod
hold services in memory of hi
Carlos. Many officials of tho stat--and
consulates attonded.
Don't forget tho Illustrated lecture
at tho Masonic opera houso Satur
day evening, February 29, by Briga
dier Jenkins of tho Salvation Army.
rilONE 111 for messenger boy to
carry parcels or r n errands,
MUCH COPPER
HAS BEEN SOLD
England and Germany Absorb
All the Surplus Stock in
United States.
(By Associated Press.)
NEW YORK, Feb. 27. Thus far
in February tho United Metals Sell
ing company has sold 89,000,000
pounds of copper, tho bulk of it to
Great Britain and Germany. These
sales havo cleaned up the surplus of
tho concerns which dispose of their
product through tho United Metals
Selling company. It is stated that
less refined copper is unsold in the
United States at tho present than at
any time In many years. This cop
per brought prices averaging slightly
under thirteen cents.
Woman Shot by William Dur-
rell Is Not Expected
to Recover.
(By Associated Press.)
PORTLAND, Feb. 27. Mrs. Marie
Klum, vfl'no was shot by William
Durrell is somewhat improved tqday,
as tho biillet pierced the spine, there
is little hope of recovery. Durrell,
who killed hlmsolf, was one of the
best known horsemen in the North
west. POPULAR MARSHFIELD
GIRL IS WEDDED
Miss Esther Yeagers Married Wednes
day Morning to Dr. Smith Maim
Of Langlols, Ore.
Miss Esther Yaegors, of Marshfleld,
and Dr. Smith Mann, of Langlols,
Curry county, Oregon, were united In
marriage at the homo of tho Rev.
Father Donnelly by tho Rev. Father
Curley Wednesday morning at 7:30
o'clock. The bride and groom left
on tho morning train for Coqulllo
where they will tako tho boat to Ban
dou and thence travol by stage to the
handsome homo which Dr. Mann hi-5
fitted up in Langlols. Mrs.. Mann,
nee Yaegers, was ono of Marshfleld's
most attractive and popular young
ladles. The wide clrclo of friends
whom sho has made during her term
of service with tho Merchant Bros.'
dry goods store will feel her absence
keenly; while at the same time wish
ing her all joy and happiness. Dr.
Mann enjoys a lucrative practice In
Curry county.
NO MORE RICE OR OLD
SHOES ON HONEYMOON
Chicago & Northwesern Railway Is
sues an Edict Against the Time
Honored Custom of Bridal
Parties.
CHICAGO, Feb. 29. No moro rico
or other missiles for the gay bride
groom and blushing brldo who go
on their honeymoon over tho Chicago
& Northwestern railroad, if tho
officials of that corporation havo their
way.
Tho first stop toward stopping this
Mmo-honored practice was taken
when tho officials of tho road issued
. order prohibiting tho throwing of
! e, old shoes, tin cans or anything
else at bridal parties while they aro
boarding trains. Ono of tho road's
officials said that It often happened
that passengers not Interested In tho
demonstration havo complained of
gutting ears full of rico or being hit
by a good-sized shoo for the bride
groom. Seo the fish window In Smith's
Cafo, Get luncheon thero tomorrow.
Say It Is Impossible to Get Suf
ficient Competent Tele
graph Operators.
IMPORTANT HEARING
IN WASHINGTON
Interstate Coiiiincirs Coinniisi"i
Listens to Applications of Mill;'
Roads for an Extension of
Time Before Making
Law OfcHie.
WASHINGTON, Feb 2 7 Rall.vay
officials from all pati of tho Ua' l
States today aro In attendance at
a hearing by tho jnierstato Cin
merce Commission f f application
for an extension of the time of put
ting into effect tin nine-hour law.
Thirty-seven applications asking for
any extension have been received
Applications of two Southern ro:ids
were denied. The abdications of tho
balance aro being hvrd as ono uis-f.
The roads aro asserting that it Is im
possible to secure tho services of
competent, efficient and depondablo
telegraph operators In sufficient
numbers to enablo tho roads to com
ply with tho provisions of tho law.
Among tho applications aro tho O.
R. & N, Southern Pacific, Oregon
Short Lino and Union Pacific. Tho
Great Northern and Northern Pa
cific are not represented among tho
applicants, and aro assumed to havo
made arrangements to comply with,
tho provisions of the law, which bo
comes effective March 4th.
OPERATORS REJECT SCHEDULE.
Great Northern Railway's Offer to
Telegraphers Will Bo Refused.
(By Associated Press.)
ST. PAUL, Feb. 27. Returns from
tho Northern Pacific telegraphers vot
ing on the company's porpossd new
scale of wages and rearrangemnt ol
working rules, made necessary by tho
now Federal nine hour law, indicate
that the schedule will bo rejected by
the men. It is expected thero will
bo a couferonco of the telegraphic
and the railroad officials this after
noon.
MEDFORD PUPILS ON STRIKE-
Eighth Graders Refuse to Have Other
Teacher Than J. W. Shirley.
MEDFORD, Ore., Feb. 27. "Ho is
the best teachqr we ever had, and we
aro not going to school any more un
less he is put back to teach us."
This is the expression used by 1
llttlo girls who have been constltutt
walking delegates and aro clrculatli
petitions about Medford for the rei
statement of Prof. J. W. Shirloy
teacher of tho eighth grade In the
North school, who was' discharged
recently by tho school bourd.
Tho entire class of thirty odd are
out on strlko and refuse to attend
school until Shirley Is reinstated.
Only five pupils remain, and they un
der compulsion by parents. They
also sympathize with tho strikers.
Tho petitions asking for reinstate
ment aro being generally signed.
Tho board alleges Shirloy Is in
competent. Shirley alleges unfair
discrimination and has appealed his
case to tho county and state superin
tendents. Tho troublo started last autumn
when Shirley spanked an unruly pu
pil who Is the son of a school direct
or. At tho Christmas treo celebra
tion Shirley was presented with a
'bottlo of beer by some fractious stu
dents.
Last week tho pupils of his class
woro suspended for playing cards oy
City Superintendent Signs, who aftor
wards reinstated the pupils after
apologizing for tho expulsloi , '
then resigned as superintendent, his
resignation to tako effect fit tho " "'
of tho school torm.
NIGHT RIDERS AVKAKKN,
Presence of Militia Tlnviuls V-r-n
Burning Plans
(By Associated Presc.)
BATAVIA, Fob 27. Tho expcdcl
attempt by night riders to bur.i tho
tobacco barn of Georgo Uli'o at N.
vlllo did not materla'lzo, am' '
company of the Ohio fat!onal Gf '
ban been withdrawn.
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