The Coos Bay times. (Marshfield, Or.) 1906-1957, September 10, 1908, Image 1

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A REAL NEWSPAPER,
INDEPENDENT, ALERT,
CONCISE NEWSY AND
FEARLESS. ALL THE
NEWS.
MEMBER OF ASSOCIATED PRESS.
Vol. III.
THE DAILY' COOS BAY TIMES, MARSHFIELD, OREGON, THURSDAY, SEPTEMBER 10, 1908.
No. 53.
(Ham
ri
HARRIMAN LINES OBJECT TO
PAYING TAXES III OREGON
Oregon Short Line Says That
Money Taxed Is In New
York.
LARGE SUM IS
INVOLVED IN CASE
Files Answer to Action In Port
land to Secure
Payment.
PORTLAND, Ore., Sept. 10
The
Telegram says:
"Suit for an injunction to restrain
Sheriff Stevens from collecting $230,
000 in taxes on the O. R. & N. sur
plus of $10,800,000, invested in New
York, will be filed in the Circuit
Court by Attorney Arthur C. Spen
cer, representing the O. R. & N. Mr.
Spencer has his bill of complaint
ready for filing, and Presiding Judge
Gantenbein signed a temporary in
junction, but the filing was delayed
until Judge Gantenbein determines
the amount of bond to be required
for the injunction.
"The suit is directed against Mult
nomah County and Sheilff Stevens,
and will bring to an issue a contro
versy that has been pending in vari
ous forms ever since the meeting of
the Board of Equalization last Oc
tober. The assessment of $10,800,-
000 is for money, notes and accounts,
and the tax on It has not been paid,
though nil 'b other taxes assessed
against the O. R. & N. in this county
have been paid.
"The Harrlman road in the suit
acknowledges the possession of
$800,000 in money, notes and ac
counts at the time of the assess
ment, namely, March 1, 1007, and, of
fers to pay the tax on! that amount,
approximately $9,000. This sum,
however, is $2 31,000 less than is
charged against the rallioad com
pany on the tax rolls. The $230,000
tax which the companj refused to pay
will be considerably augmented by
penalties and Interest. The penalty
for nonpayment Is 10 per cent, with
1 per cent added each month the tax
Is allowed to remain delinquent.
These penalties have already increas
ed the amount of tax due to $264,
500. "Objections'' were made to the as
sessment of $16,800,000 on the
ground that the money was not In
the possession of the company at the
time of the assessment. It represent
ed the surplus of the O. R. & N. and
according to the statement of Attor
ney Spencer had been Invested In
New York, and was tjieiefore with
out the jurisdiction of Multnomah
County's tax officials.
"When the Board of Equalization
sustained the assessment last Oc
tober, the O. R. & N. took an appeal
to the Circuit Court under the law
of 1907, which provides for an ap
peal and a reassessment by the Cir
cuit Court. Mr. Spencer said that
the company had abandoned the ap
peaf tor the reason that he did not
believe that part of the 1907, law
to be constitutional and valid.
BIG CROP OE
OATS IN COOS
Farmers Harvest Yield of Over
Eighty Bushels Per
Acre.
COQUILLE, Ore., Sept. 10. The
Herald says: "Frank Snow, of this
city, has returned from a Tlslt out
to his farm near McKlnley, and re
ports everything in a flourishing
condition in that section. Chas. Hel
ler has his threshing machine run
ning and finds grain good. Oats are
turning out 80 bushels per acre and
weigh 48 pounds per bushel."
Buy your feed of HAINES, on
Broadway, .
I GET TAX
OR SELL LAND
Klamath Coupty In Controver
sy Over Assessment of Big
Land Holdings.
KLAMATH FALLS. Ore., Sept. 10.
The County Court of Klamath
County for several days considered
the matter of a' compromise in the
Hunter Land Company tax case,
which has been in litigation for some
time. Tho Hunter Company owns
about 60,000 acres of timber in this
county, which was originally a por
tion of the Military Road grant, ex
tending across the southern portion
of Oregon. The lands of this com
pany were assessed without a cruise
being made, the assessor using his
judgment in fixing the value of the
timber owned by the company. The
total tax for the year 1907 amounted
to $5,047.33, but the corporation re
fused to pay, making the claim that
the tax was excessive and unjust. In
stead of paying tho full amount the
sheriff was tendered $1,120, which he
accepted, and gave a receipt for par
tial payment.
No other payment was made and
in accordance with the law the lands
were advertised to be sold under the
hammer. Tho date of the sale was
set for Fobiuary 28, but a few days
before the company secured a re
straining order and the sheriff was
enjoined from making the bale. There
were no further developments until
the past week, when a representative
of the company appeared before the
County Court and made a number of
propositions to effect a compromise.
Instead of paying the county the
cash, they offered to turn in cruisers'
estimates on their lands. Some of
the lawyers that had been retained
by the county advised a compromise,
but the district attorney and Judge
Thomas Drake, also retained by the
county, advised against such a pro
cedure. Most of the lawyers In tie
city aie interested in the case, and as
the county has rejected all proposi
tions a hard legal battle Is pending.
Steps will bo taken at once to pro
ceed to collect the taxes, or else to
sell the lands to satisfy the county's
claims.
TO CELEBRATE
Gaily Decorated Fleet of Small
Crafts to Welcome It
Discuss Program.
The arrival of the new dredge Ore
gon on Coos Bay wljl be celebrated
by a Mosquito fleet parade and other
cerem6nles, according to plans now
being discussed by President McCor
mac of the Chamber of Commerce.
He proposes that all of the smaller
crafts on the Bay and Inlets unite
in a wqter parade and meet the
dredge and tug near the bar and
accompany it up the Bay.
The dredge will leave Portland
about September 16 and should be
here on or before September 20.
President McCormac wired Major
Mclndoe yesterday to engage a Co
lumbia river tug boat to haul tho
dredge down and to charge the cost
of It to the Coos Bay dredging fund.
This was decided upon after It had
been practically decided that It would
be impossible for the Breakwater to
haul It down.
Senator C. W, Fulton promised a
few weeks ago, to visit Coos Bay
when the dredge is brought hers, and
to deliver an address. It is expected
that ho stands ready to come about
September 20 and In case he does, a
big public meeting to be addressed by
,he and others will probably be ar
W
DREDGE COMING
0
W
Have Clause Prohibiting Ship
ment of Allied Corporations
Knocked Out of Railroad
Law.
(By Associated Press.)
PHILADELPHIA, Sept. 10. The
commodities clause of the Hepburn
railroad act today was declared un?
constitutional by the United States
circuit court for the eastern district
of Pennsylvania.
WEARS JEWELS TO W.
MRS. ASIITON HARVEY, WIFE OF
MILLIONAIRE NEW YORK AT
TORNEY, THOUGHT TO HAVE
COMMITTED SUICIDE AT NEW
JERSEY COUNTRY HOME.
(By Associated Press.)
NEWARK, N. J., Sept. 10. The
body of Mrs. Ashton Harvey, dressed
in white, and literally covered with a
fortune in jewels was found today in
Geo. W. Fitzgerald, Accused of
$173,000 Theft, Released
Today.
(By Associated Press.)
CHICAGO, Sept. 10. George Vf.
Fitzgerald accused by the state au
thorities of the theft of $173,000
from the United States Treasury,
here, was freed by Judge Chetlaln to
day. United States Sub-treasurer
Boldenwreck acting on instructions,
would not disclose the evidence gath
ered by the federal authorities when
he took the. stand and refused to tes
tify. Judge Chetlaln thereupon dis
missed the case.
FORMER RESIDENT DIES
AT SAN FRANCISCO HOME
James M. Bowen Succumbs After
Long Illness Was Well Known
In Coos and Curry Counties.
The Port Orford Tribune says:
"James M. Bowen tho barber, so
long and favorably known by all the
old timers of Coos and Curry, died
at his home In San Francisco, Aug
ust 21, 1908. Mr. Bowen was an
upright honorable man, and respect
ed by all who know him. He leaves
a wife and two grown daughters to
mourn his loss."
Mr. Bowen was well-known on
Coos Bay, having resided In Marsh
field for several years. His wife,
formerly Miss Emma Dlvllbllss, is
also well-known here.
E
Steamer Lake Michigan From
Montreal For London Fast
On Rocks.
(By Associated Presa.)
BROADSTAIRS, Eng., Sept. 10.
The British steamer Lake Michigan
from Montreal for London, with
many passengers, is stranded near
Margate. A life-boat has gone to tho
scene. The sea is smooth and It is
believed that all will be saved.
You can BUY or SELL through
The Times "WANTS" with ease, dis
patch and profit try them.
JUDGE EREES
CHICAGO IN
0
NEAR
M
Read the Times' Want Ads.
A
C A
Tho clause provides after May,
1908, it would bo unlawful for any
railroad company to transport from
one state to another or to any foreign
country, any article or commodity
manufactured, mined or produced by
it. under Its authority, directly or in
directly, except such articles or com
modities as may be necessary for its
use In the conduct of its business as
n common carrier. Tho clause ex
empts lumber, and its manufactured
products, and is aimed particularly
'at railroads owning coal mines.
a private pleasure lake of Stewart
Hartshorn at Short Hills, N. J., by
blood-hounds which had been set to
work seeking her. Mrs. Harvey was
tho wife of Ashton Harvey, the mil
lionaire corporation lawyer of New
York, and lived In a magnificent
country estate at Short Hills. The
body was found today after an all
night search. Her husband believes
she committed suicide. She had
long been a sufferer from headaches
and grieved deeply over tho death of
her eldest son.
Complete Returns From Prima
ry Show Ankeny Is Badly
Beaten.
(By Associated Press.)
SEATTLE, Wash., Sept. 10.
Partial returns compiled by The
Times from 36 out of 37 counties,
show the vote on United States sen
ator to be: Jones, 32,129, and Anke
ney, 10,058.
Incomplete returns on governor up
to 2 o'clock on first choice give Cos
grove 21,659; Mead, 23,626; Mc
Bride, 21,430. On second choice,
Cosgrove has 19,328; Mead, 10,104,
and McBrlde, 9,011.
VOTE ON CANDIDATES.
Jones Has Nearly Two to Ankeny's
One.
(By Associated Press.)
SEATTLE, Wash., Sept. 10. In
complete returns leave no doubt as to
the nomination of Representative
Wesley L. Jones for United States
senator over Levi Ankeny, tho In
cumbent. To succeed Jones as rep
resentative in congress from tho
third district, Miles Polndoxter of
Spokane, has been chosen. There Is
no oppositjon to Wm. E. Humphrey
of Seattle, In the first district, and
Francis W. Cushman of Tacoma in
the second district.
MAY KEEP UP FIGHT.
Ankeny Refuses to Say He Will Abide
by Primary.
(By Associated Press.)
SPOKANE, Wash., Sept. 10. Sen
ator Levi Ankeny, who appears to. be
decisively beaten by Congressman
Wesley Jones, in Tuesday's direct,
primary vote for United States sen
ator when asked by a Chronicle re
porter if he will abide by the result
vote replied, "I cannot state that."
"If you are defeated, will you quit
the fight?" "I cannot say what may
be the developments."
"Well, Is there a possibility that
you will go before th.o state legisla
tive with your candidacy'"
"I do not know."
Nearly all tho newly electal mem
bers of the legislature aro formally
pledged to tho senatorial candidate
receiving tho highest vote on diiect
primary.
PASS UP DIVIDEND,
(By Associated Press.)
NEW YORK, Sept. 10. Tho di
rectors of the Amorlcan Locomotlvo
Company today passed tho quarterly
dividend on tho common stock. Tho
JaBt quarterly dividend was 1 per
cent. The regular quarterly dividend
of 1 on the preferred was declared
today.
JONES WINS
IN WASHINGTON
OIL COMPANY SAYS
LAW REVERSED BIG
CHARTER VOTE '
SEPTEMBER 13
North Bend Voters Will Pass
On Document Week From
Saturday.
The North Bend city council at its
last meeting adopted the proposed
new charter and made arrangements
to submit It to a vote of tho electors
of the municipality nt tho special
election to bo held Saturday, Sep
tember 19. The principal feature of
the new charter Is increasing the
limit of Indebtedness which will per- i
mlt the city to make many public latlnfe the antl-robato laws, upholds
improvements. The polls on election ' the decision of Judges Grosscup.
day will be open from 7 o'clock In Baker and Seaman of the United
the morning until 6 o'clock In tho states Circuit Court of Appeals In rc
evenlng, and It Is believed that the versing tho judgment and lifting the
charter will carry by a big vote.
There has been considerable talk
in North Bend of having the city
Install its own water system provid
ing the new charter carries, increas
ing the limit of indebtedness to fig
ures that will permit the municipality
meeting the cost of the utility.
Other Mutters Up.
Mayor L. J
Slmpson was present
for the first time in about ninety
days.
An ordinance vacating the streets
and alleys in tho new school grounds
was passed.
The construction of a ton-Inch
sewer on Connecticut avenue, be
tween Shorman and Union was or
dered. It is proposed to order this
extended several blocks at the next
meeting of the council.
It was announced that the Installa
tion of the new salt water fire mriln
would begin within a week or so, and
bo rushed to completion. It will take
about ninety days to instal the sys
tem. Contractor Rennio is rushing tho
street improvement work and has en
gaged Contractor Burns to do part
of the excavating so that tho plank
paving can bo laid before there will
be any wet weather.
Committee Will Make Report
On Conference With E. H,
Harriman On Railway.
The MarBlifleld Chamber of Com
merce will hold one of tho most Im
portant meetings of the year Friday
night to hear tho official report by
J. E. Oren, Dr. E, Mingus and Col.
Wm. Grimes on their conference
with E. II. Harrlman regarding tho
Drain-Coos Bay railroad. Tho moot
ing will open about 8 o'clock and
Dr. J. T. McCormac will preside.
In additjpn to the railroad mat
terT other matters of Importance will
come up and President McCormac Is
anxlpus that ovory person interested
in thq future pf Coos Bay bo present
and b,enr or participate In tho dis
cussion.
Tho report on the conferenco with
Mr. Harrlman will bo vory Interest
ing as many details not hitherto made
public will bo brought out by tho
members of the committee,
Tho program will be impromptu
and many Coos Bay boosters will talk
on tho various matters that will
come up,
Aro you cutting out your coupons
In The Times Popular Voting Con-
tost?
Use The Coos Bay Times Waut Ads
BOOSTERS MEET
FRIDAY NIGHT
FINE
Rockefeller Corporation An
swers Government's Peti
tion For Rehearing.
NO ERRORS IN ACT
DECLARES CORPORATION
Takes Up Case Point By Point
to Show Wrongful Convic
tion. (By Associated Press.)
CHICAGO, Sept. 10. The counsel
f0r the Standard Oil Company of In
diana, in an answer filed today to tha
petition of the government author
ities for a rehearing on the appeal
from Judge Landls' judgment fining;
the company
$29,240,000 for vlo-
burden of the enormous line, as good
law, amply justified by the records of
tho ense.
Point by point, the answer which
was formally placed on record by
Colonel R. W. Stewart, general at
torney In Chicago, for the Standard
Oil Company, takes up tho arguments
of tho petition for rehearing, whic'i
set forth the alleged errors and which.
particularly suggested that the up-
p0r court had err -ed in its undcr-
standing of what tho trial Judge- had
really said concerning the previous
I offenses by tho Standard Oil Com
pany of Indiann, or the Standard Oil
Company of New Jersey.
Real Point at Issue.
"Tho real point Is," says the an
wor, "did tho trial court in imposing
the assessment, take into considera
tion tho relation between the Stand
ard Oil Company of Now Jersey and
the Standard Oil Company of India
na, and did it baso its fine upon tha
wealth of the Standard Oil Company
of New Jersey and its ability to pay
Instead of upon the wealth of tho
Standard Oil Company of Indiana,
and its ability to pay?" Tho answer
alleges that Judge Landls referred
to tho Now Jersey corporation as
"tha real defendant" and the India
na Company as tho "nominal defend
ant." Under the rules of the federal Judi
ciary procedure, tho government at
torneys have the right to file a reply
to tho answer to their petition It they
discover in it now matter, which they,
consider, needs a rejoinder.
MILLINERY OPENING.
Nettle M. Wdolley & Co. desire to
announce that they will open their
now millinery store In tho Johnson,
building on Second street, Saturday.
September 12th. Wo will have oo
display tho latest creations In fall
and winter millinery and extend a
cordial Invitation to the ladles of
Coos Bay to attend.
JAPAN CUTS
EXPENSE
Marquis Katsura, New Premier,
Addresses Mikado's Sub
jects On Economy.
(By Associated Press.)
TOKIO, Sept. 10. MarqulB Kat
sura, tho now Premlor and minister
of finance, in an address tonight, out
lined a policy of rigid economy for
Japan. Ho said that the patriotism
of tho peoplo was as necessary now
when economy Is necessary to re
storo tho credit, nnd confidence as
It was during tho Russian-Japan war.
Ho declared a complete readjustment
of expenditures was necessary.
Read the Times' Want Ada.
DOWN
II
W
J
ranged.