VOL. XXII.
GRANTS PASS, JOSEPHINE COUNTY. OREGON, FRIDAY, JANUARY 18, 197.
No. 42.
: RESOLUTIONS
PASSED BY SHIPPERS
ting at Albany Adopts Further
Plans or Relief of Rail
road Situation.
"hi following resolutions were the
: result of the meetiDg of the Ore
l shippers and business men beld at
)any last week to discuss the oar
rtage and other railroad relief
wares for Oregon :
Vhereas, the transportation facili
i of the state of Oregon have been
ren to be entirely inadequate to
idle the commerce of the state and
railroads have utterly failed to
ip pace with the progress of tbe
te, and,
fhereas, the lack, of transportation
ilities has not only retarded tbe
'elopment of the state as a whole,
i in many instances has caused irre
able injury to tbe producers and
pperi of the state and more partlou
ly to those In Western Oregon,
la it resolved, Tbat the Shipper and
iduoers' Convention is in favor of
enactment of a law providing for
tilroed commission with rate msk-
powar and also providing for de
rrags and reciprocal demurrage
et with proper penalties, the said
r to be of such a general nature a
1 enable the commission to correct
abases which tbe people of the
te have suffered at the bands of
transportation companies; that it
;he sense of tbe convention tbst tns
I now being prepared by tbe Ohem
1 of Commerce of Portland, in con
lotion with the Oregon and Wash
ton Lumber Manufacturers' Asso
uan, and the commercial bodies of
i state at large, is designed to pro
te tbe best interests of the shippers
i manufacturers of the state, and is
mob a cbaraoter that if enacted
o law it will provide substantial
lef te tbe people of the state and
t we veqnest and demand that oar
reseotatives in tbe Legislature
rk for and secure tbe enactment of
tu-er .some, ' equally- meritorious
More.
tesolved, That it is tbe sense of the
ppers' and Producers' Convention
Albany, tbat the attitude of the
rriman system in rofusiag to sell
timber and agricultural lands
lob were placed in tbe hands of the
gon A California Railroad Com
iy by tbe Qovernment at a time
en they sorely needed these lands
order to nse them as collateral for
ns to be need in the construction
tbe road and wbioh were, by the
ms of the grant, evidently intended
be beld in trust by the railroad
upany and later sold to tbe settlers
Oregon, has worked and is working
t barm to the people and interests
Oregon; and we emphatically pro
t against this policy and respect
ly request the members of the Ore
I Legislature to bring forcibly to
i attention of the National Congress
s condition of affairs and memorial-
Congreee to tbe end that these
ids may be put on the market at
early date and at the price and
der tbe terms and conditions con
aplated by the original graut.
Whereas the operations of the locks
Oregon City by corporate interests
poses a tax of SO cents per ton on
1 freight passing that point; aad
iVhereaa, the Shipper' aud Pro
oers' ' Convention unanimously
rors tbe condemnation and purchase
said locks either through National
state legislation, therefore be it
Seeolved, That we respectfully re
quest tbe coming Legislature to take
such steps as will lead to an early
abolition of this unnecessary and un
just tax.
Postal Inspector Camp was in Ash
land a few days ago looking into a
violation of the postal laws which
had ben detected and reported from
the department, in which a patron of
the Ashland offics mailed a package as
merchandise, which contained certain
writing contrary to the regulations
No summary action has been reported
but the department is on the lookout
for all such infractions of the postal
laws, and a penalty of f 10 fine is at
tached. Tidings.
THE CREED OF THE
NAIL ORDER HOUSE
Mississippi Paper Gives Command
merits in Line With the De
crees of M. O. Houses.
DEDISION ON GRAZING
ON FOREST RESERVES
Department Claims Press Re
ports Misconstrued Judge
Whitson's Decialon.
Twelve commandments make op the
decalogue of the mail order house.
These commandments were not
written on stone by Moses, hut tbey
are thoroughly understood and fre
quently humped into by anyone who
deals with the catalogue mall order
ooncern.
Following are tbe 13 commandments
whioh thoroughly indicate tbe busi
ness side of these conoerns:
1. Yon shall sail your farm pro
ducts for cash wherever you can, but
not to as; Jwe do not buy from you.
2. Ton shall believe our state
ments and buy all you need from us
because we want to be good to you,
although we are not acquainted with
you.
8. Ton shall send in tbe money In
advanoe to give us a chaooe to get the
goods from the factory with your
money; meanwhile you will have to
wait patiently a few weeks because
that is our business method,
6. You shall buy your church bells
and interior church fixtures from us
and forward the money in advanoe,
for that is our business method.
6. You shall collect from the busi
ness men in your vicinity as much
money asyoucan for the benefit of
your churches. ' Although we get'more
money from you than they do, still it
is aganist our rales to donate money
for building country churches.
7. Yon shall buy yoar tools from
us and be your own mechanic in order
to drive tbe mechanic from your
vicinity, for we wish it so.
8. You will induce your neighbor
to buy everything from us, as we have
room for more money.
9. You shall often look at tbe
beautiful pictures in oar catalogue so
your wishes will increase and yoa
will send in a big order, altbongh
yoa are not 'in immediate need of the
goods; otherwise yoa might have
some left 1o buy necessary goods of
yoar local merchants.
10. Ycu shall have the mechanics
that repair the goods you buy from
us book the bill, so that you can send
tbe money for his labor to ua for new
goods, otherwise he will not notice
our influence.
11. You shall believe us in prefer
ence to your local merchants.
12. Yoa shall, in case of aooident,
sickness or need, apply to local dealers
for aid and credit, as we do not know
you. Sentinel, Yazoo, Miss.
The Woodmen of the World installed
their newly elected officers for the
ensuing term last Friday night. After
the installation ceremony an adjourn
ment was taken to the banquet room
where a fine spread bad been arranged
by the committee in charge.
Justice blanks at the Courier office
DADT AIMC
i D n n vji ni IM o
WiO acres of choice land, all cleared, with
9IUU cottage and barn, only mile out of city
limits; an ideal place to raise poultry and
hogs; must be sold quickly. Terras, if wanted.
) lQAA 2 choice lots and large barn, with shed on
j V''"' two sides; close to central part of town;
1 r. barn alone is worth the price. This is a
' snap for some one with a team, as there is plenty
of room on the place for a dwelling.
! W. L. IRELAND
) ! THE REAL.ESTATE MAN
Several good HOUSES FORWENT. GRANTS PASS. ORE. 0
A recent decision of a Federal
judge has been widely commented up
on throughout the West on tbe sup
position that it deolared illegal the
regulation of grazing on forest re
serves and the system of charging
for grazing permits. As a matter of
fact the decision which was handed
down by Judge Wbitson of the United
S tates District Court for eastern
Washington in tbe case of the United
States vs. Mathews has no bearing
whatever upon the legality of the
grazing regulations or of grazing fees
whioh stand precisely as before. The
legal question involved was simply
this: Does the law authorizing tbe
Secretary of Agriculture to issue
regulations make the breach of those
regulations a orimeT
Judge Whitson's decision merely
answered this question "No." It
was in substance tbat the objection to
the indictment against Walter
Mathews was the absence of a law
defining tbe act therein charged as a
oriminal offense. Upon that ground
tbe ooort beld that tbe demurrer mast
be sustained and tbe defendant dis
charged. Though the point was simple and
clear enough, it was entirely mis
oonstrued in the press reports of the
decision and in editorial comments
upon it. For instance, in tbe
Wyoming Tribune of Tuesday, No
vember 6, news of Judge Whitson's
action was given nnder'tne headlines :
"Grazing Fees Illegal Decides Federal
Judge," and the article declares tbat
"As a result of the decision,
Mathews, who entered tbe Mount
Ranier Forest Reserve without the
permit required by the secretary, is
still using tbe reserve and is not pay
ing the fee imposed by tbe secretary.
As a matter of fact.
sheep were ininiedia
on notice by the foreit officers and
have not since entered tbe reserve.
In the Sheridan, Wyo., Post it is
said: "A decision fraught with im
portance to Wyoming stockmen is that
appearing in this issue, wherein it is
hsld by the United States District
Court that the collection of fees for
grazing live stock is illegal.
Since its imposition this fee has been
regarded as illegal and arbitrary by
uianv well-iutormed Wyoming people,
aud the views expressed by tbe court
in this decision meet with general
approval here. The litigant
is still running his sheep on the
Ranier Reserve without paying the
fees."
Decisions like Judge Whitson's had
before been made by the Federal
courts in three other districts, one of
them six years ago, but none of then
interferes in the slighest with the
right of the United States to institute
civil action against trespassers violat
ing the grazing regulations, or with
charging the grazing fee.1 The
United States Circnit Court of Ap
peals for the Ninth Circuit decided
definitely, in the case of Daatervignes
vs. United States, that the provisions
of the act of March 4, 1897, delegating
to the secretary the power to make
regulations, is constitutional, that
the regulation prohibiting the pasiur
ing ot sheep on forest reserves with
out a permit is valid, and that the
Federal courts will enforce the regu
lation by Injunction. The supreme
court of Arizona, three iudires sit
ting, in the case of Dent vs. United
States! 76 Pacifio Reporter, 456), went
still further, under circumstances
which made the decision most em
phatic Dent was criminally prose
cuted for grazing sheep on a forest re
ssrve without a permit, in violation
of the regulations, aud the court had
held that his act was not a crime; but
as soon as the Dastervignes case was
decided for the Government th
Arizona court granted a rehearing of
the Dent case and beld that the
Dastervignes decision was bindlna on
all courts in the Ninth L.tPfn t In
criminal as well as civil cum nrf
that Dent was therefore goilty of a
crime.
So far, therefore, the court decis
ions as to the criminality of trespass
oontrary to tbe forest reserve regula
tions are conflicting.
Final adjudication on the point
can not"Jbe had until the ruling of
a higberoourt baa been'secured ;;bot
no oourt has questioned tbe right ot
the Secretary of Agriculture to make
regulations and to recover damages
for trespass through civil action.
Grazing trespassers will be re
strained from violation of the regula
tions by injunction proceedings and
sued for civil damages until the
higher conrts shall have reached a de
cision as to the criminal character of
such trespasses. The Forest Service
will continue to exclude unpermitted
stock from all forest reserves and to
collect grazing fees for all stock under
permit.
THE GROWTH OF FREE
RURAL DELIVERY
R-emevrkevble Development of
One Brevnch of the
Postal Service.
Rural free delivety has been in
operation 10 years. The climax of its
development was reached two years
ago, when the servioe was installed
on 9447 routes. At that time the
average number of petitions filed per
month was 700, wbioh average was
maintained during 1905. Now, bow
ever, it has fallen to 800 per month.
The rapid growth of this servioe
under Government encouragement is
pointed out in detail in the report of
the Fourth Assistant Postmaster
General. In 1897 there were just 8S
carriers in the country, and the cost
ot the service was $40,000. In 1898
the carriers had increased to 148 and
tbe appropriation to 50, S50, and in
1899 there were 891 carriers, and an
appropriation of 1 150, 0000. Then be
gan the growth whioh was one of
the wonders of tbe time. From 1276
carriers in 1900 tbe number went up
to 4301 Is 1901, to 8466 in 1903, to
15,119 in 1903, to 34,608 in 1904. to
83,055 in 1905, and to 85,666 in 1906.
Tbe appropriations went up corres
pondingly, from 1450,000 in 1900 to
135,838,800 in 1906.
Complete ooonty rural servioe was
one of the early demands of the
soon as the rural
UPHOLDS EXCHANGE
OF THE INDIAN LANDS
Klamath Indian Agent Wilson
Sevya the Exchcvnge Was
cv Fewir One.
t, Mr. Mathews'! conutry districts as soot
fcely removed upTTdelivery system had become fixed, and
there are now 448 oouulies in tbe
United States wblob have . that ser
vice. One hundred and sixty-five of
these counties were provided with
complete servioe last year.
There are 15 states having each
more than 1000 rural routes. Illinois
heads tbe lUt with 36U3, and Ohio
comes next with 3440, Iowa is third
with 32l'0. The other states having
more than 1000 routes each are
Georgia, 1381, Indiana, 2105; Kansas,
1566; Michigan, 1813; Minuesota,
1382; Tennessee, 1594; Texas, 15
Missouri, 1825; New York, 1723;
North Carolina, 1152; Pennsylvania,
lltsfi; Wisconsin, 1450,
The states and territories having
the fewest number of routes are Arl
zooa, with two; District of Columbia,
with five; Hawaii, with one; Nevada,
with one; New Mexico, with three,
aud Wyoming, with five. In the ex
treme West, Washington has 194
routes; Oregon, 182; California, 264,
aud Idaho, 57.
The report of tbe Fourth Assistant
Postniaster-Uenural bears down hard
on the question of good roads. In
many of the states the rural service
lacks efficiency on account of bad
mads, and petition" for additional
routes have been rejeoted. The de
partment is makiug con siderahle hea
wuy with its movement for co-operation
with Btate officials looking to
ward road improvement, and is now
aiding road officials iu Illinois, Wis
consin, Missouri, Minnesota, Iowa,
Mew Jereey and Maine. Indiana has
a new law requiting that roads
traveled by rural carriers shall be
kept iu a passable coudition through
out the year, aud legislative action
along similar lines has been had in
Pennsylvania, iu both instances with
marked improvement of condition.
The sniallness of the pay of rural
carrieis has led to niauy resignations,
whioh will be used as a leverage dur
ing the present session of Congress to
bring the pay up from 1720, tbe pres
eut maximum, to 900. During the
past year the registrations numbered
4441, tbe largest number in any year,
and 135 more than in 1904. when 17
per cent of the total number of rural
carriers in tbe country resigned. Tbe
proposed increase in pay would tend
to make rural carrriers hold their I
positions, thus strengthening the ser
vice all along the line.
Tbe Courier has the largest corps of
correspondents of any paper in Socta
H. 3. Wilson, . superintendent and
special disbursing agent at Klamath
Agency, is out with a statement in
defense of the much talked of ex
change of lands of the Oregon Central
Road Grant with the Klamath In
dians. Says Mr. Wilson :
"The exchange was considered the
best possible for both paries con
cernedthe Klamath Indians and
the Road Company. It would have
been a pronounced hardship on the
Indians to have been compelled to
give np the lands embraced within the
road Grant npon which they have
taken allotments and would have
caused an told trouble, while on the
other hand the Road Grant Company
oould handle a comnaot body of 87,000
acres to muob better advantage than
they could the larger acreage in the
checkerboard fashion in which it lay.
"I am certain that tbe Interior De
partment and especially the Commis
sioner of Indian Affairs, Hon. Franois
Lnepp, considered that the exchange
was for the beet interests of the In
dians, and It was solely for the bene
fit of tbe Indians that the commis
sioner was concerned.
"When Commissioner Lnepp visited
the Klamath Agency in June, 1905, it
was not for the purpose of making
any arrangements whatever concern
ing the exchange of land, but bis
visit was at my argent request and
for the purpose of aoqnainting him
with oertain improvements at the
Klamath Agency and School, and get
him interested in the Klamath Reser
vation through personal knowledge of
its situation, condition and needs.
"I feel that in tbe publications fol
lowing the negotiations and legisla
tion for this exchange of land Francis
K. Lnepp, Commissioner of Indian
Affairs, has been unjustly criticised.
I know him to be a man who bates
graft in all its forms and I personally
know tbat he has done all in his
power for the beoefit of the Klamath
Indians. ,
"There never was any request
made by the Indians for a cruise of
their lauds and the amount of allotted
acres was more than 21,000 acres in
stead of 10,000 as has been stated in
previous publications. It is also
stated that a dear gain for some
one of more than $3,000,000 has been
made by the transaction. We all know
that timber has been advauoing in
value very rapidly of lato, aud that
timber is worth practically whatever
tbe timber kings wIhIi to make it. I
do not claim to know what the value
of the 87,000 acres of land is but if ous surfaoes of
the timber in this tract is increasing I destroying the
at so rapid a rate as has been inti
mated the same must be true of the
timber in the Road Grant Lands
restored the Indians. There is iu the
Road Grant Lands almost as much
timber as in the tract of 87,000 acres,
and in addition to that the allotments
of the Indians.
"Tree, some of the Road Graut
Land sections as shown by my ap
praisals, are worth but little and on
the other hand there are sections of
the 87,000 acres traot in a good body
of timber but there are seotions in the
Road Grant Land that far exceed in
stumpage any section of the compact
body given in exchange. I stated la
my report that I considered the 87,000
acre tract worth as much if not more
than the 111,400 acres in the odd
numbered sections of the Road
Graut. I also stated I did not think
it riant to take the laud away from
the Indians and felt that If taken the
Indians should be reimbursed for the
value of the 87,000 acres, asking that
the Department take such action aa
might be necessary to have congress
make the neoessarry appropriation."
In bin estimate of the value of the
Military Road Graut lands, Mr. Wil
son was very conwrvative, being of
the opinion that tbe government
would buy .them outright. In'his re
port the valuation placed upon the
lands was 371,000. In this amount
was inoluded the value of the
allotted lands, $36,000, and the im
provements thereon, $10,000.
Mr. Wilson is thoroughly conversant
with Indian affalis, as evety one
knows who has had any business
with his office. '
His statements in regard to the case
are fully oonoorred in by Capt O.
C. Appplegate, who was Mr. Wilson's
predecessor at tbe Agenoy.
To Meet In Southern Oregon.
Tbe next annual meeting of the Ore
gon State Horticultural Society will
be held at Medford. This was about
the only oonsolation Rogue River
Valley oroardists got out of the state
meeting beld at Portland last week.
In the award of oups for the best dis
plays of apples and other frnlts Rogue
River Valley, which it is acknowledg
ed leads the world for fine apples, did
not get; a." look in," doubtless owing
to the. fact that the growers here
failed to put their fruit forward in
the oompstitlou for prizes at this
meeting. Next year this valley may
be eipeoted to oapturs everything.
The following offloers were eleoted
by tbe association :
Honorary president, Dr. J. R.
Cardwell, Portland; president, H. O.
Atwell, Forest Grove ; first vice-president.
Hunt Lewis, Medford; second
vice-president, O. D. Huffman, La
Grande; secretary, Professor E. R.'
Lake, Corvallils; third member fi
nanoe committee, H. M. Williamson,
Portland.
$100 Reward, $100.
The '.Readers of this paper will be
pleased to learn that there is at liast
one dreaded disease that scienoe has
been able to oure in all its stages,
and that is Catarrh.; Halls JOatarrh
Core is tbe only positive oure now
known to tbe fraternity. Catarrh be
ing a constitutional disease, requires
a constitutional treatment. Hulls
Catarrh Cure is taken internally, act
ing directly upon the blood and inu
tile system, tnereny
foundation of the di
sease, ana giving the patient atrengtn
by building np the constitution and
assisting nature in doing its work.
The proprietors have so much faith
in ita curative powers that they offer
$100 for auy case that it fails to care.
Send for list of testimonials. Address:
K. .J CHUNKY & CO., Tolodo, O.
Sold by DraggiHlN, 75o.
lake Halls Family Pills.for consti
pation. Edison and Victor Talking Machines
at the Music Store.
IIoihom I'-ui-iiIhImmI OompltMt
Immense Carpet Sale
Carpets at the Prices of Common Matting
500 YARDS AT 30 CENTS PER YARD
For immediate purchase only and cash at tho
time of purchase, you can have it delivered
any timo. Those gooda aro sold at 50 centa
any whore.
YOU CANNOT AFFORD TO MISS THIS SALE
Thomas O'Neill,
Headquarters for things for the House