life
torn
VOL. XXIII.
GRANTS PASS, JOSEPHINE COC7NTY, OREGON, FRIDAY, APRIL 26, 1907.
No. 4.
SOUTHERN PACIFIC MAY
v i urn a arwn
HAVE TU-atLL LAnuj
. . K- ... Am. Tariril of GrtXft
Cift o
from Congress Is Opinion
of Mr. Ballinger.
(v,, of the biggest nanaicaps to me
rtlopmeat and prosperity of Sooth-
Oregon "8 tne Oregon a uuw"'
.'wnpsny's land grant, that embrac
ag every alternate section and being
withdrawn from sale, has for years
-it flown by just one-half the avail-
Me agricultural, timber, mining and
irrig,Ion resources 01 hukud mei
of Rogue River ,
CniF1n alleys, mere is a
mor anoal mat mo
Southern Pi-
;fic that now holds this grant, is i
isoDing to put tbe agricultural land
a
the market, but the timber ana
;inerl
land : will te witnneia iroui
j9. The Company claiming that tbe
Ijnendment by congress of the terms
j their original grant is legal whicb
Inhibited them from charging more
to W.M an acre for the land they
toll have tbe farm lands appraised
ai listed. It is evidently tbe plan
if the Company to hold their timber
isi as a source for their lumber
apply, catting it with their own
sill!. This tbey are now doing in
Lane county where they have three
awmills in operation and are build-
-g the fourth milL
It is tbe general opinion of tbe pub
ic backed by some of the best legal
tlent of tbe country that the terms
!tne grant by which tbey acquired a
ronog empire or jana, must oe aa
;red to by tbe Son t hern Pacific in
tie sale of their lands in Southern
W(ton. Congressman W. C. Hawley
it been looking up this matter and
ht is certain that the Company can
made to sell this land and tbat the
ixirnum price shall not exceed $2.60
u acre, rne iouowing irom me
Oregonian fully explains what tbe
xingressman rrom tbis district is
jjing to relieve Southern Oregon of
ae railroad land monopoly tbat is
ch a blight on tbe prosperity of
ague River Valley :'
The Sootbren Pacific Company can
Se forced by tbe courts to sell its
lilrciad grant land in this state ao-
wdiug to tbe terms of tbe acts of
ingress, is the opinion of R. A.
3Hinger, commissioner of the
noeral land office, given by letter to
C. Hawlev. representative in
oogress for the Oregon First district.
According to Commissioner Ballin-
er no further legislation bv Congress
i Deeded to put in the hands of the
eonle of this state the power which
uiev have thought they needed in :
rd'.rto break up the 8,000,000 acre
and monopoly of the railroad, com-
?d it to open the lands to sale to
attaal s-ttlers, in tracts of not more
u 160 acres to each purchaser and
a rice not exceediug 2.50 an acre. I
These plain limitations on the
rof:
ssion of the lands are contained
a au act of Aprif 10, 1869. by virtue
I f which the Oregon Central Railroad
East Side line) and its successor, the 1
Ir.gon & California Railroad, ob-'
pined free from the Government as
yniis for building the railroad from
crtland to tbe California state lme
ome 6,000.000 acres of non-mineral
and ; and in an act of May 4, 1870, by
virtue of which the Oregon Central
R.iilroal (West Sile line) secured
vim ' 5('t) 00 1 acre lor ttie railroad
tMwee'i Portland and MuMinnville.
The Cn'U'd Sta'es gave odd nnm-
tvrel sectif-ns cf hind, 10 on each si' e
cf tlie track, to the amount nf 12.S00
icres f'-r ta b mil- of mid The to'al
icreai-e 'or the :i60 odd miles of track.
Savvvvvwvvvvwvvwvvvw
BO
4,'4 miles from
tage, barn and
moo
THE REAL ESTATE MAN
Ground Floor, Opera House Block
K
to tbe California line, on account of
thrifty bends in tbe route, amounted
to tbe figures mentioned.
Tbe two land granti now possessed
by tbe Southern Pacific have been
disposed of in large tracts in violation
of tbe act 8 of congress, until less tban
half tbe origiual acreage remains in
possession of tbe railroad. Tbe lands
were fold in larger tracts tban 160
acres to each purchaser and frequently
at more tban 2.50 an acre and tbe
purchasers in these casrs have not
been actoal settlers.
Representative Hawley bas taken
tbe matter 'up with Secretary of the
Interior Garfield, LaDd Commissioner
Ballinger
and Attorney-General
Bonaparte, endeavoring to find means
to'hold the railroad strictly to the
terms of tbe grants. Tbe Washington
authorities have evinced large interest
in tbe matter. Secretary Garfield
has given Mr. Hawley to know that
he will aflnrd every laciniy ot tin
department to accomplish tbe end
aimed at. Attorney General Boaa
parte bas told Senator Bourne and
Mr. Hawley he sees no reason why
the terms should not be enforced and
bas asked them for specitio informa
tion, which they are now gathering,
of violations of the acts of congress.
Commissioner Ballinger wrote the
following letter to Representative
Haw ley, March 19 of this year:
In reply to -your letter of the 7th
inst, addressed to tbe Secretary of tbe
Interior, and banded to me for atten
tion, yon are advised that tbe act of
1866 ( 14 States 389), made a grant of
land to the California and Oregon
Railroad Company, conditioned up
on tbe performance of certain acts by
the company within a specified time.
Tbe prescribed conditions not having
been met by the company, the time I
for tbe performance was extended by
act of 1869 (16 State 47).
Although tbe company fails to com
ply witb the terms of the grant with
in the time specified, tbey were sub-
sequently
complied with before a
aod tbe till" to all the
forfeiture.
lands within tbe grant consequently
vested in the company (see Scbnlen
berg vs. Harriman, 21 VTaL 44) sub
ject only to the covenant expressed in
the proviso of the act of lt9, whicb
declares ' 'that the lands granted by
the act .aforesaid shall be sold to
actual settlers ooly in qnantitis not
greater than one quarter section to
one purchase and for a price not ex
ceeding 50 per acre." As soon as
title was vested in the company the
jurisdiction over the lands passed
from the executive brauch of the
government, and the enforcement of
the proviso rests with the courts,
through appropriate action by either
me seiners entiuea in forcuaso ur uj
the government cting through the
department of justice.
The power of congress to prescribe
the proviso, cannot, in my judgment,
he onestioned in view cf the
fact I
that it was niae in consideration of
the extension of the time gmnte.1 to
the company .is mereiore wnnoui
autbortiy to sell these lands to any
other person, in any omer amouui,
or for a greater price than that
prescnuedi In tne proviso, lauu nuu
any conveyance
whiih the company
has attempted to lunk ' on a sale macie
iu violation of tiii statute woold not
be suJUiued by the courts.
Sin'e the title pa-sed from the
Government subj-ct only to tbe
covenant crated by the proviso, it is
doubtful if cc tigress has power io
euact aty law to compel a compliance
w.th the terms of th proviso (see
Morgan vs. Rogers, T'J Fed. S7 and
the i-oveiiiuit cau only te entorcd iu
tlm CHlMS.
(Continued o'l Pasje Two. I
G-ants Pass, 2o acres fenced and
in cultivation acres in timothy ana anaua.
Mire fruit than can be used by one family; fiue
assortment of blaclcberries, raspberries and straw
berries (enough for market). Soil is black loam
and red and is adapted to rain, fruit or vege
tables! This is an ideal place to raise poultry.
Several hundred cords of fine wood (in the tree),
and an easy haul to town. Good 4-room cot
other outbuildings. This is a 5
fine snap, and if you want a small, but gooa,
place, yon should look this up at once. Owner
is sick and unable to work it.
ivWwwwt
AUDITOR ATTACHES THE
GILMORE PIANO STOCK
Mr. Krull. Auditor of Eilcra Piano
House of Portland Takes
Over Stock.
Many regrets are being expressed
the fact tbat the GILMORE stock
at
of
be
fine Pianos and Organs, known to
the finest line of instruments that has
ever been exhibited in Southern Ore
gon, including the highest grade of
Pianos sold by the house of HIGHEST
QUALITY, has been attached by'WuT
Kroll tbe Auditor of the EILERS
PIANO HOUSE and Mr. Giluiore is
making desperate efforts to raise funds
to float bis indebtedness.
NO IRREGULARITIES.
It seems that there are no irregular
ities, but only a shortage of ready cash
and the business community hopes
that Mr. Gilmore will find tbe looked
for aid.
All creditors who wish recognition
will please file tbeir claims with tbe
auditor at the Piano Store.
There seem to be a number of credit
certificates out that were issued as
word contest prizes, for the redemption
of these, Gilmore has turned over to
tbe auditor the initial payments that
he has made rn various instrument
and all those who are holding paper of
this sort will confer a favor by putting
themselves in touch with the Eilsrs
representatives.
On being asked what disposition
was was to be made ol this fine line,
Mr. Krull said tbat he was not pre
pared to make a statement and is wait
ing for instructions from the head-
quarters of tne firm.
INSTRUENTS AT RIGHT PRICES.
Gilmore came to this territory to
giva the public piano value at the right
prices, trying to sell more pianos and
not asking the extreme ptices tbat are
usually demanded by tbe average
dealer who sells a limited amount of
pianos and necessarily get exhorbitant
prices, but his expenses were too great
and the returns showed no profits.
Some speculation is being tuade as
to the disposition of tbe stock here
and the neighboring towns. It is
rumored that Mr. Krull is in cor
respondence with some large dealer in
G. P. H. S.
Moonlight Picnic.
The Botta Gamma boys have again
proven themselves adetti at enter
taining. Tbe moonlight picnic and
bou fire party which they gave lust
Saturday evening a? ou of the most
enjoyable affairs rf the season. About
1 o clock, 32 young people mostly
High School pupils, had gathered at
the school lioDie; Irom thire they
weut to the picnic grounds which
were on the river banks aliove the
White Rocks. Bon fires were soon
built aud the fun begtu. Some of the
party catne up the river iu a boat,
bringing dirhes and "a splendid grapb
ophoue, which furnished exifilent
music for the evening. Cocoa wa
tuade over a camp fire iu approved
picnio fadiiou and all the company
rerved with tandwiciies and cocoa.
Games such as "hide aud Sek,"
"Drop the Handkerchief" and
'Cliase the Wicked," were iudngled
in. uuring tne evening several oi
ihose present went boat ridiuir. The
Met tbt the evtuing was char and
mild, " grestlv enhanced the (.l Mir
f the picnic. Two of the Hih
school teachers chaperoned tbe
party.
On Wednesday evening. Miy I, V.
L. Fiudley, president of the Au-iubou
SncietV of Oregon will give a lecture
in the High School room on "The
Birds of Oregon," illustrated with
stereopticon views. ro r'Iihih-ioii
will be charged, hot a collection will
lie taken, the proceeds of which will
be spent in procuring books on birds
for the School library.
Our superintendent, Mr. Turner,
has just signed a contract with
Morten E. Robinson of Chicago to
drill aod stage the sacred play
"Esther" to be given on May 13 and
14 under tbe auspices of the Hign
School, for the benefit of the new
High School Piano.. The cast of
chorus will take anywhere frcm 100
to 1A6 sincere for which the best local
! talent of the city will be called upon.
Mr. Robinson has just finished t
FAIR DEALING IN SALE
' OF RESERVE TIMBER
Supervisor Anderson Gives Clear
Statement & to Methods
Governmant Employs.
There being a misunderstanding on
the part of many as to the way that
timber can be acquired on forest re
serves and tbe charge is made by mis
informed persons that the big lumber
companies are given the advantage by
the government over the small uillinen,
Supervisor Anderson gives the follow
ing clear statement in reply to tnese
cha'ges and fully explains the rules
governing the disposing of timber by
the government :
The statement whicb has gone tbe
round of the newspapers and found
place in your columns recently, that
the late creatioo of National Forests
included all the public timber land of
the West, had no foundation in fact.
It was the result of taking seriously
some of the public interviews of the
public disappointed timber specula
tors who only meant to be sarcastic.
Tbe new reserves in Southern Ore
gon aod additions, were all or nearly
all created from land that was witb
drawn from entry four years ago. and
did not include near all of the with
drawn territory as over "300.000 acres
have recently been ordered thrown
open for settlement as soon as the
necessary advertising oan bs done.
It is remarkable bow easily a story
detrimental to the Forestry system of
the government can gain circulation,
and looks liko organised misrepresen
tation. . .
The impression has gone abroad that
the timber on the forests is not for
sale, or so effectulaly tied up by "red
tape" that none botjvealthy corpora-
tbe southern part of tbe state and that
if arrangements cannot be made satis
factory to all the p rties ooucerned,
tbe entire stock will be sold out to
the pnbllc. As a great many are
nnable to call doring the day, re
member we will be open evenings.
F. J. Andross. tbe wholesale repre
sentative of the Eilers Piano House
will represent the Auditor in Grants
Pass and be bas full power of attorney
to act in Mr. Kroll's stead.
News Notes
J
I Eugene a few weeks ago, where the
I High School cleared 400, and at pres
lent is at Rosehurg. He will be iu
itown in a few days and then practice
'Will commence immwditely.
I Circus day dawned bright and clear,
I with Mr. Snedicor right on hand nor
was .Mr. lurner iar irmuu
sun wss hardly up, wheo he could be
s-eti on the street, though he had
the loor excuse that he wanted to see
! how much rolling stock there was.
but I gmss without a doubt, it was
the ai.imsls inide and not the cars
And Miss Bridge was also there,
rushing up and down the street, as
she was in a hurry to get a new nni
in which to go and se the parade, j
Still Mr. Turner was probably the
most infatuated for lie was net only
amoug the first to be there but the
lift to leave and eve" then with
mii-ty eyes he was cou p noil to
throw h' lai-t fare well jeaiiut to the
baby elephant and depart in order
to let the meu take th tent dow n.
List Saturday was a nice day, to be ;
sure, but the picnic was among the
mii-sing; its aiming, some, lime1
though this Saturday unless some- j
tl ing ele interferes. j
The third geometry diss ss finished j
plane geometry and will now take up j
mild geometry.
Wheo a dog gets salmoned2.VOU can
cure liiiu with blue nasi pill or
something like that, bot when a boy
gets aluiooed it is a hopeless case. ;
One of the Freshmen occe asked: I
"Is it contagious?" An experienced 1
hand, one who had bean sanVring
with this Incorahle malady for several ,
months replid "No , not unless com- j
bined with the smiles of a pretty
girl."
The pictures taken about a aeek
azn have been received and are ex
ceptionally fine, all but the picture of
the Betta Gamma group were a suc
cess, but in this one, all Mr. Turner's
efforts could not keep the boys still,
ibe boys, anxious to have a good one,
will have another taken io Die near
future.
tioas can buy it, or if bought, that
tbe regulations are so unreasonable
that the purchaser cannot comply
witb them and compete with holders
of private timber. There is nothing
unreasonable about the regulations,
and nothing but common sense use of
the merchantable portion of a'tree is
expected.
I have examined a number of tracts
logged over by local mills 18 to IS
miles distant from Grants Pass and in
every instance have found but lit
tle waste, and, with possibly a lower
stomp on some of the smaller trees,
most of the ground cot over would
pass government inspection now. It
it probable that at a greater distance
from tbe market there has been "more
waste, owing to small profit of haul
ing low grade lumber so far, hut no
thoughtful persou will contend "that
with the preeent (and prospective
future) demand' for lumber it would
be right to allow a log or two taken
from a tree and the remainder left to
rot. Better far to protect the tree
until good means of tranpsortation
mak"s a profitable market for that
now wasted.
Tbe repeated assertion of men who
should now better, that the govern
ment is maing an exception of Ore
gon and attempting to control "Water
rights," is another example. The
truth is, (as everybody should know
from the biennial row at Salem over
water laws,) that tbe disposal of
water rights is entirely with the
state.
The claim that tbis supposed control
of water rights by the Forest Service
wonld interfere with large Invest
ments for tbe erection of power plants
to develop the state, is as groundless
as the rest, for such usually call for
an eaeameot to the land, and are en
tiiely within the jurisdiction of the
Department of the InU-rior the forest
service only reporting as to tbe repre
sentations being correct. I would
like to be informed of a single in
stance of a legitimate enterprise being
turned down by the Forest Service in
Oregon.
The critics of the forestry system
solemnly assert that the agricultural
land within the reserves is closed t
tbe "homeboilder." It by the
"homebailder" is meant the easy
money -man who comes from his place
in the eastern city to turn Oregon's
timber Into CJMh to add to his eastern
THE ALLWIN FOLDING GO CART
is the most compact j;o cart n tho market, and can bo
carried on any car or train. Wo carry tho largest
line of jro carts phown in (irants Pass.
$2.50 TO $15.00
1 T . -
r - T' r - - tir v 1 - -1
M -1
via
- r . -
"The Most CotnfortabU PUc
ia the Houss."
PORCH SHADES
Furniture and Car-
prU, Linoleums,
l.ace Curtains, l'or
tieren, Mttr,
Pillows. Cots, Wail
Paper, Clorks,
Mirrors, Window
MiS'les, Pictures
Picturs Moulding.
R. H.
I
1-4-:.. i N -1 7
THE HOUSEFURNISHER
Front St.,
A WILD YALLEY OF UN
DEVELOPED RESOURCES
Briggs Creek Valley Has But On
Family. But Has Many
Advantages.
Fred Smith wa in Grant Pass over
Monday nitfht from bis ranch on
Briggs creek. That valley is one of
tr-e wildost and most inaccessible sec
tions of Josephine county and it has
but few settlers. To reach Briggs
Creek Valley it is necessary to travel
eight miles by trail over tt'e hills
from Werts's mill on the Rogue River
and Grants Pasis road.
As this Valley is in the midst
of the Siskiyou forest reserve Mr.
Smith while in this city called on M.
J. Anderson, supervisor of that
reserve, in regard to building a better
and more direct trail into the valley.
Mr. Smith and the other settlers
offering to co-operate Supervisor
Anderson assured him that the govern
ment would aid them In securing a
(Continued on page 8. )
investments then the reserve is closed,
but if it means the acutal settler who
really wants a home, and who, by bit
labor, adds to the value of the land
he occupies, instead of leaving it a
waste, then the agricultural lands
within the National Forests never
were as near open to him as they are
now for ha can make homestead sntry
whether the lands are surveyed or
onsurveyed. Tbe intimation that
impractical and inexperienced men,
are sent to elasaify the land is with
out foundation. . I have probably had
as good opportunity as any of the
critics to know the real situation, and
respectfully aks '.hem to name a single
case upon which to base a claim of in
justice done to a settler on the re
serves. To the people of Grants
Pass, and all of Southern Oregon in
this district, yon oan say :
We are here to "make good" tbe
promises of Forest Service, and will
willingly oo-operate with the com
mercial bodies, oonnty courts, set
tlers, stockmen, and miners, in build
ing roads, trails, or other work that
will assist In opening up, and pro
tecting tbe reserves, putting the land
to its best use, and adding to the
prosperity of tbe commnnity.
SAY!
Why do you want to
foam and sweat this sum
mer when you can keep
1 In
as cool as a cucumierr
Come in and let mo show
you how it is done.
Vudor Shade
"Nuf Sed"
Mmfi anil lUne,
(lraniiware,
Atiewsre, Tinware,
W(Kxlenwr,
Wilkisart, Tullery,
(.'mrkery, Lamps,
Ulawware, Kancy
China, Oo-CarU,
Dab Carnage.
O'Neill
bat. 6 and 7
L J
X''