Cottage Grove leader., October 30, 1908, Image 1

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W EEKLY
S o h I m Y a S v a a l f * * 0 * *
The Suprem e Court Holds Medford
C harter Above Local Option
L aw —Not of W ide Effect.
SPKCIAI. C H A R T ER
FO R M E D F O R D .
Briefly stated, the facts are that
th e local option law w as adopted
in 1904 perm itting the people to
vote by precincts or by counties on
the liquor questiou. In 1905 the
legislature am ended the Medford
ch a rter authorizing th a t city,
am ong other things to license the
sale of liquor “ irrespective of any
general law of the state on this
subject enacted by the legislature
o r by the people at la rg e .” In
1908 the liquor question was sub­
m itted in Jackson county as a
whole and the county w ent “ d ry ”
by a vote of 2158 to 1881. At
th a t tim e J. C. H all held a saloon
license in Medford, and when the
county court was about to enter an
order prohibiting the sale of liquor
in Jackson county he brought an
injunction suit to eujoiu the coun­
ty court from so doiug so far as
th e m andate m ight affect the city
of Medford. A dem urrer inter­
posed by the defendants w as over­
ruled an d the injunction m ade per­
m an en t: w hereupon the county
court appealed. A fter sta tin g the
facts at some length, the opinion
of the court holds th a t this is a
proper case for the exercise of ju r­
isdiction by an equity coursé, and
then says:
m unicipalities charters, in some of
w hich it w as provided th at the
power conferred, to license the sale
of in to x ica tin g liquors, should l>e
subject to th e provisions of the
local option liquor law. A clause
to th a t effect appears in the charter
of Brownsville, of Halsey and of
Junction
City. O ther charters
were granted at th e same time,
containing clauses w hich were ev i­
dently intended to exem pt certain
m unicipalities from the operation
of the provisions of the local op­
tion enactm ent. T h u s the charter
of Condon stipulates:
SP EC IFIC
I N C O N D O N ’S C H A R T E R .
T he legislative assem bly, when
not interdicted by am endm ents to
the organic law of th e state, is a
law -m aking body of co-ordinate
authority with the people when the
latter exercise the initiative power
w hich they have reserved. T he
legislature evidently reaching the
conclusion, at the n ex t session
after the enactm ent of the local
option law, granted to several
No provisions of the law con­
cerning the sale of * * * liquor
in G illiam county or any law of
the state of ( tregon now or here­
after enacted, shall apply to the
sale of the sam e in the city of
C ondon.
T he charters of E stacada and
Medford contain sim ilar provisions.
It is quite probable th a t the at­
tem pt th u s to exem pt the cities of
Condon, E stacad a and Medford
from the provisions of the local
option law, an d to prevent any
further encroachm ents thereon im ­
pelled the am endm ent (in 1906) of
section 2 of article 11 of the or­
ganic law of the state, so as to
prohibit the legislative assembly
from enacting, am ending or repeal­
ing any m unicipal charter, and
also induced th e g ran tin g of such
power to the legal voters of every
city and tow n, b u t lim iting their
authority: in such enactm ents as
m ight contravene the constitution
or subvert th e crim inal laws of
the state. T h e local option liquor
enactm ent h as been held to be a
crim inal law , the provisions of
w hich canno t be violated by the
electors of a m unicipality in legis­
latin g in respect to a city charter.
T h e opinion also holds th at the
am ended Medford* ch arter express­
ly repeals th e local option law so
far as it applies to Medford and
th a t it would h av e such effect by
im plication if it did not expressly.
T he decision of the Supreme
court in the Medford liquor case is
not of very w ide effect, since the
decision cau ap ply only to Med­
ford, Condon an d E stacada.
H arry Kime of Baker City, a
son of I)r. Kime of Cottage Grove,
h as been spending a week in this
city visiting with his father and
other members of the fam ily.
A num ber of local sportsm en in-
I elu d in g John Barker, F ran k and
Foster Phillips an d others are up
to the K londike mill on Mosby
creek en jo y in g a few days hunt.
E X E M P T FR OM LOCAL O P T I O N LA W .
GREAT
REDUCTION
• ■
IN-----
SUMMER SHOES
25 per cent ofï.
All lines of Ladies and Gents Oxfords
Also fine stock of Children’s Shoes
going at the same reduction.
Best $4.00 Shoes now $3.00.
Best $3.00 Shoes now $2.25.
Best $2.00 Shoes now $1.50.
PEARCE BROTHERS.
Phone Main 6 4 3 —Oor awn Delivery.
I
Silk Creek Items.
M a lo ri« « ! S o cial?
AND SEM I-W E EK LY
Mr. Philip Caselteer is visitiug
his aunt, Mrs. Beulah Estes, at
th is tim e.
Mrs. Eloise W heeler spent S atu r­
d ay night, at the home of her
brother, Morton Babcock.
Mrs. Crow of Eorane has been
helping to care for her father, Mr.
H arris for some days past.
Mr. G uy DeSpain, of the United
States N avy, has been visiting his
friends on Silk creek lately.
Mrs. Damewood’s parents, Mr.
an d Mrs. Kelly, arrived here in
tim e to see their d au ghter before
her death.
Mr. Stephan H arris is very sick
at this w riting. Dr. Job of Cot-
ta g G rove is attendiug Mr. H arris
in his sickness.
Mr. G ildersleve and family have
bought the old Elliot place of Mr.
Sanborn and are now settling
them selves in their new home.
Several of our people attended a
party given in honor of Mr. Guy
DeSpain, at the DeSpain home in
C ottage ('.rove, S aturday night.
Mr. Charlie W ilson and family
have rented the Damewood house
of Mr. A. D. Owens and have
settled themselves there for the
w inter.
Mrs. H enry Damewood, who
has been very sick for some time
past, died at her home M onday at
about two o ’clock in the afternoon.
T h e relatives and friends of the
deceased have the heartfull sym-
p h ath y of their neighbors in this
sad affliction. Mrs. Damewood
will be m uch missed by all who
knew her.
NOVEMBER TERM
K B IT COURT
Promises to Be a
Long Session.
Grand Ju ry
do well here) or first class Spitzs
or Jonathans, it would be a big
thing in our behalf as a fruit-grow ­
ing center. Let every fruit grower
set his heart on one k ind of fruit
raising ami devote his whole time
and attention to it and his fruit
will surely m ake him rich. T he
clim ate and soil are here; all th at
is needed is the determ ination and
the work.
Item s F ro m R o y a l In te rm e d ia te School
C. E. STEWART
BUYS APPLES
AT CRESWELL
VOL. XX. NO. 39
TOR GOOD COUNTRY ROADS
AND SOME STATE RAILWAYS
Strong Resolutions Passed by Dev­
elopment Congress at Roseburg
Session L ate L ast Week.
Mr. Clarence H ull is now atten d ­
ing school at Royal A cadem y.
T he stoves at the school have
Follow ing are the resolutions
taken a shine recently.
adopted by the O regon-Idaho De­
Deer of both k in d s are often velopment congress at Roseburg:
found near the Royal Interm ediate
Resolved, th a t we hereby re-iter-
school.
ate, reaffirm and approve the reso­
Mr. Dresser and Mr. Rasch and lutions of the last O regon-Idaho
sons, visited the O w en’s sawmill Development congress, held at
Marshfield, Oregon, and
Sunday.
Resolved, th at it is the sense of
Six of the boys spent an enjoy­
able afternoon T hursday, cutting this convention th a t the tim e has
arrived in the development of the
wood for the school.
state of ( )regon when the needs of
All of the students of the Royal
business in all productive an d dis­
school are learning to beat time;
tributive lines require the improve­
some of them cau beat very fast.
ment of the wagon roads th ro u g h ­
T he Royal chorus club is p rac­ out the state, and th at the legisla­
tising every day for the recital to ture of Oregon at its 1909 session
he given at the Home Nov. 14, be and hereby is urged to enact
1908.
laws aud m ake am ple appropria­
T here are not all m anner of tions in aid of such roads, and
creeping tilings here, but there are
Resolved, th at the aid of the
some, for they get into the pencil federal congress should be invoked
boxes. I'ortunately they find their in the cause of good roads an d the
way out.
delegations in congress from . the
Mr. C. S. W ilson has ju st moved state of < )regon are hereby urged
from the farm w hich he has rented to further in every possible way
for the past year, and which Mr. any enactm ent which may be des­
Gildersleve has purchased and is ignated to procure appropriations
m aking his home.
for the improvement of such roads,
Mr. G uy B. DeSpain of the U. and
Resolved, th at the legislation
S. Marine Corps at Bremerton
Navy Yard, speul the latter p art of needed for the peculiar conditions
the week visiting with friends in of Oregon includes a proper disposi­
this vicinity, after an absence of tion of convict labor so as to w ith­
two years. H e spent one day at draw the same from all competition
the school an d expressed himself with free lalxir and so place the
as favorably impressed with the labor in the work of constructing
good roads, and further th at the
work done there.
Four of the boys of District No. appropriations for roads should
48 heard a few dogs baying about am ount to not less than one-half
one half mile from their home. million dollars annually, to lie
Of course they supposed th a t they used in all parts of the state. And
Resolved, th at the great need of
would return with a bear, b ut fol­
better
facilities for rail tran sp o rta­
lowing the skid-road about a
quarter of a mile, the dogs b a rk ­ tion in Oregon has tiecome oppres­
ing so terribly at times, they got sive and th a t the failure of great
“ cold feet” and m ade up their transportation com panies which
m inds th at if the bear kept his have profited to the extent of
A ccording to custom, circuit
court convened W ednesday m orn­
ing and for th e balance of the
week th e pleadings have been
made up in the various cases and
some prelim inary work done to­
w ards getting a good start next
M onday m orning, when the jury
will appear and the court enter u p ­
on the reg u lar November term,
w hich promises to lie a long one.
It is practically certain that a
grand jury will bo drawn from the
regular panel this coming term of
court to consider the Stuckey-
T abor case and a num ber of others
m atters of a crim inal character
th at will come up for hearing.
T here are seven prisoners in the
county jail, b ut only two of them
are aw aiting trial at the coming
term of court, H arry Murphy and
Robert H arvey, who are charged
with assault with attem pt to kill
Mr. D eW ald of Cottage Grove.
Besides these there are David E.
Parm enter, who h as almost finished
serving his six m ouths sentence
for bigam y; J. W. Kelly, w h o 'is
serving 60 d ay s for larceny at
Junction; Sid Pitm an, who is
serving out a $100 fine for selling
C re s w e ll N otes
liquor; N orm an Lucke, who is in
Jo h n Scott killed a deer on the for the larceny of a watch; and
b u tte back of C harles Ifow e’s last Alec M ax, who was sent down
from W endling to serve out a $35
week.
Dr. Scarbrough an d Charles fine for larceny.
C ochran have gone into th e real
estate business together.
Mrs. G ilfrey an d d au g h ter went
to Cottage G rove W ednesday to
atten d th e funeral of Mr. Schm utz.
Mr. Sly has recently bought the
Buoy fplace adjoining th e Shafer
place.
T h e consideration
was
$4700
T h e M ethodist young people met
at the parsonage last W ednesday
distance, they would not harm
n ig h t and organized an Epw orth
C. E . Stew art of Cottage Grove, him.
Eeague.
has purchased the fine apple crop
T he students of the school met
Mrs. G ardiner drove down from of Dr. I.. D. Scarbrough at Cres­
last Saturday afternoon an d or­
C ottage Grove M onday. She has well, com prising som ething like
ganized a society w hich will be
receutly moved from Saginaw to 20 acres of m ature trees of the
know n as the Royal Missionary
C ottage Grove.
Baldwin, Spitzenberg and N orth­ Volunteers. T he work of the so­
T h e new Presbyterian parsonage ern Spy varieties of w inter apples ciety will lie the circulation of lit­
is rapidly nearing com pletion. It for Ray & Hatfield, New York.
erature and the doing of m ission­
will be a commodious dw elling and
Mr. Stew art inform s the Leader ary work. T h e following officers
an attractiv e addition to the town. th a t these apples are well colored, were elected: President, Prescott
of good size and excellent in W heeler; Vice President, Miss G er­
quality and should b ring a good trude Emtnerson; Secretary, Kyle
B E N S O N ’S P H A R M A C Y
price in New York where they Kendall; A ssistant,
Miss Mary
IN N EW Q U A R T ER S will be m arketed. He is counting Hopper.
on four or five carloads of good
On W ednesday J. S. Benson, m arketable apples from this or­
H A N S A R D E IG H T
th e druggist, moved his d ru g store chard. Mr. Stew art is a well
TIM ES C ONVIC TED
an d sundries into his finely fu r­ posted orchardist and fruit packer
nished an d equipped new quarters having had much experience in
A lbany, O r., Oct. 27.—G. R.
in the new Phillips brick adjoin­ the fruit business alxnit Medford
H
ansard,
who was convicted in
in g his old store. T h e new p h a r­ in Jackson county, liefore he cam e
m acy is modern in every p articu ­ to th is city to invest in town and the Justice court at l^ebanon re­
lar. T h e shelving w as p u t in by country property and engage in cently of selling liquor in violation
of the local option liquor law and
the Cottage G rove M anufacturing the fruit business, incidentally.
Co., selected fir lum ber being used, Good A p p le s W ill Brin g G o od P ric e s. given the m axim um penalty of a
fine of $500 an d a sentence of 30
w hich was finished iti oil and v a r­
days
in the county jail, was con­
T
he
Eugene
Register
says:—
nish bringing out the beautiful
grain in the lum ber adm irably. Preparations are being m ade to victed today in the State Circuit
T h e counters are of the latest ship several carloads of fancy court on an appeal from the J u s ­
plate glass com bination show cases apples from Lane county to New tice court verdict. T he jury was
and counters with a curved section York in the near future. The out an hour and a half. Judge
on each side of the entran ce way. apples are ever so m uch I letter Burnett will impose sentence Fri
T h e place is supplied with the very th an they were last year, but pack ­ day m orning.
H an sard has been sentenced
latest plate glass windows, the ers find it a more difficult task than
room is well lighted and w ith the one would im agine to get a car­ seven times for violation of the
fresh, u p to-date stock carried by load of strictly fancy fruit. T he local option liquor law since Linn
Mr. Benson, there is not a more first car of Spitzenliergs from Hood county went “ d ry ” and the ag g re­
attractiv e an d more modern p h a r­ river reached there a few days ago gate sentence» am ount to $700 in
m acy to be found in W estern O re­ and they brought about $4.75 a fines and 20 days in the county
box. Eugene buyers are now of­ jail. He pleaded guilty on all of
gon south of Salem.
A special invitation is extended fering $1-50 a box for good fruit the seven former charges, but
by Mr. Benson to his m any p a ­ by the carload, f. o. b. Eugene, fought the present charge.
trons an d friends to visit his new and any am ount of it could In-
pharm acy, where he is better pre­ sold. It is ripht up to the fruit i T h e following m arriage licenses
pared th an ever to prom ptly and grower now tp take care of his i were issued at Eugene W ednesday:
efficiently supply their needs and fruit an d raise the best th a t can In­ T o Edw ard II. W hite and K ath­
grown. It seems as if the Bald-1 erine Cramer, both of Eugene; to
requirem ents in his line.
win is the most easily grown in Irving I.eNoir Ragsdale of Rose-
Patronize home business m en— this section of Oregon but it is the burg and Emma Estelle Grecti of
this m eans the m iller, cream ery most generally grown and is there­ E ugene: to R ichard D. Pope of
m an and factory as well as the fore not the highest priced. If we Junction and f.ena A. Richardson
m erchant, and by so doing you could grow absolutely pure and of E rauklin; to E rnest T . F anning
perfect Yellow Newtons (an d they an d Iola V. Reed, both of Eugene.
help your own tow n.
■wr
G re a t f o re s ts o f tim t»cr t r i b u ta r y to C o l la t e
G ro v e; fifte e n s a w m ills , t h r e e s h in g le m ills,
w ith in a r a d iu s o f 15 m ile s. H e a d q u a r te r s
fo r ¡B o h e m ia g o ld m in e s a n d B lack B u tte
q u ic k s ilv e r m in e s , v a lle y s a n d fo o t h ills
w e ll a d a p te d to f r u it g ro w in g , f a n n i n g a n d
d a ir y in g . F o r in fo r m a tio n r e g a r d in g th is
g r e a t c o u n tr y sul> scribe fo r th e
COTTAGE GROVE, OREGON. FRIDAY, OCTOBER 30 . 1908 .
J a n u a r y 9 , 1908
MEDFORD AN OASIS IN A
GREAT PROHIBITION DESERT
Salem, O r., O ct. 27.— T h a t the
charter of th e city of Medford, en­
acted by the legislature in 1905,
perm its the city to license the sale
of liquor notw ithstanding the
county of Jackson voted “ d ry ” at
the election of 1908, was~declared
by the Suprem e court today in the
case of C. J . Ila ll against the
county court of Jackson county.
Ju stice F. A. Moore wrote the
opinion of the court, affirming the
decision by Circuit Judge H . K.
H an n a .
INODSTIIKS AMD H S O U K IS .
m any millions through the busi­
ness loyalty of our people, to ex­
tend their lines to meet the de­
m ands of our growing trade and
to give central aud southern Ore­
gon a short an d convenient outlet
to the ocean and cheap water
transportation, presents a condi­
tion w hich can only be met by
providing state aid for local roads
where possible, and state construc­
tion and operation of lines which
are necessary for the relief of the
people, and
Resolved, th a t the need of 140,*
000 people who inhabit Coos,
Curry, Lane, Douglas, Josephine
and Jackson counties of a railroad
outlet to the ocean by way of Coos
bay, and the very evident profit
which such a road would produce
in handling the business of the
people, as well as saving the ship­
pers and producers hundreds of
thousands of dollars annually
through cheap w ater rates and the
refusal of the Southern Pacific
railroad com pany to build such a
line, presents an emergency which
should lie met by the construction
of such road by the state, to the
end th a t southern and central Ore­
gon may lie developed and their
great resources released from iso­
lation and restraint, aud we favor
invoking the initiative to th a t end,
and
Resolved, th a t we again urge
upon our delegation in congress
the im portance of obtaining suffi­
cient appropriations for the im­
provem ents of the rivers and h a r­
bors and of all parts of the neglect­
ed coast of Oregon, and p articular­
ly those recommended by the gov­
ernm ent engineers for the improve­
m ents of the bar and harbor of
Coos bay an d Siuslaw.
RO AST FOR H E N E Y
D EC IS IO N FO R P L A IN T IF F
A N D M R. R O O S EV ELT IN B O H EM IA M INING C A S E
Major L. I). Forrest, who has
developed into quite a dem ocratic
spellbinder during the cam paign,
launched forth at Eugene W ednes­
day evening in an arraignm ent of
President Roosevelt and Prosecutor
lleney in connection with Oregon
land frauds, denouncing the pro­
secution of State Senator Booth of
this county and U. S. Senator, C.
W. P ulton.
He said since T aft is to carry out
Roosevelt’s policies, if the Ohioan
is elected we m ay expect four
years of carpet hag rule in Oregon.
|u d g e Harris, of the circuit
court, W ednesday afternoon haud-
ed down a decision in the case of
John II. Blatter, Daniel Suapp and
D aniel Snapp, trustee, vs. th e
Crystal Consolidated M ining Co.,
Noah Coffman, M. K. W yatt, 0 .
II. W illard, Lewis Gleason, F rank
Jordan and the W ynne H ardw are
Co., to recover money. T he judge
renders a judgm ent in favor of th e
plaintiffs for $6,111.67,
All the latest styles in side and
back combs at the Bazaar.
IN O U R —
W e Have noCompetion
We are offering you Better Goods for
Less Money than Ever Before Offered.
2<V»
150
50
1(M>
150
1.50
50
Pairs 10-4
” il l
" 12-4
“ 10-4
" 11-4
“ 11-4
” 11-4
$ 'Ml Cotton B lankets...........................
$
l ..'5
”
.....................................
l 5o
*'
"
...................................... 1
1 25 Com forts......................................................
1 50
”
.................... ; .............................. 1
2 Oil
"
...................................................... 1
4 25
"
extra fine quality . . . ............. 2
65
85
15
78
15
55
35
.500 Pairs Ladies’ Fine Cashmere Hose................................... $
500 “
"
“ Fleeced
‘ ................................. .
19
19
100 Misses' Union S u its ........................ ..............'.............40
loti Boys 75 cent Union S u its ................................. ........ * ___
1(W> “ 2-piece Under “ |>er g arm e n t.................... .. .......
500 Suits M en’s Cotton U nderw ear......................... ....
45
29
90
and
U nexcelled.
I n M en’s All Wool Suits, Craveuettes
Over Coats we are
Wheeler=Thompson Co.