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About Rogue River courier. (Grants Pass, Or.) 1886-1927 | View Entire Issue (June 2, 1911)
v vol. xxvn. GRANTS PASS, JOSEPHINE COUNTY, OREGON... , FIUDAY, JUNE 2, 1011 NO. 9 ILLINOIS VALLEY RECEIVES ROYALLY GRANTS PASS BUSINESS MEN ON TWO DAYS' VISIT. BETTER ROADS ADVOCATED Railroad to Coast, Owned and Oper- ated by Local People Advocated. "The Pilgrimage No. 1 for 1911 ot Grants Pass Commercial club mem bers proved a gratifying success and trought in closer touch the people of this city and the people of town and country .in the rich Illinois valley. From the arrival In Kerby at 11 o'clock Monday morning, to the de parties from that place the nert af ternoon the entire party enjoyed ev ery minute of the stay in the valley, with the exception of the hours of misery spent in the hills in the night wandering In autos hunting a road from the Grange hall to Kerby, all of which risk to costly machines and human life could have been avoided by sign boards costing five cents on trees where roads forked. The outcome of the, pilgrimage Is that lively Interest has been awaken ed over the county as to the neces sity of better roads, and especially of a real road from Grants Pass to Crescent City. Much interest was ad ded as a result of the presence of Judge Chllds and Attorney Donahue, of the coast town. The first day the party took In Kerby, there for dinner, then to the Deep Gravel mine and Logan mine, near Waldo; then to Holland for sup per, where the crowd Inspected J. M. Smock's new creamery'and took sup per. Then to Grange hall for the speaking and booster meeting at night. Tuesday was spent at Kerby. v. here the people of that town had prepared a sumptuous feast in the form of an outdoor dinner. This was In honor of the Grants Pass bhouters and to which the people of the valley had been Invited. The day proved a pleasing one for all concern ed. Addresses at Grange hall were all of an optimistic nature, and the word "improvement" was the key note. The various speakers proposed that Josephine county and Del Norte county, Cal., build a wagon road from Crescent City to Grants Pass, the road to be on railroad grade and to be built in such a manner that it will endure throughout the years. It was also proposed that the peopleof Illinois valley "orm an association for the purpose of fostering improve ment and for the purpose of getting more people to settle on the unoccu pied and untitled lands. Judge Chllds of Crescent City, surprised all by pro poslng that the people of the Illinois valley build i railroad themselves, and tie It up so that no corporate Interest Bhould ever get control, but that the people hand it down to their posterity.. Mr. Babeock, of the grange, in troduced President Sabln of the Grants Tass Commercial club, who then presided. Mr. Sabln, before calling for speakers, addressed the assembly briefly, lie said in part: "I want to say that It is a pleasure for the members of the Commercial club to be here, and all the members would have made the trip If that hnd been possible; but various Interests and reasons prevented. -We are glad to make your acquaintance more fully, as we are all neighbors; and the?e little pI1grlmuecs to the valley will make us all better acquainted. Mr. Sabln then Introduced L. L. Herrlck of the Grants Pass Banking end Trust company. "It has been charged." said Mr Herrlck, "that, the towns of tout. rn Orcnon are ahead of tne couniry If this is true, let us make the country the towns. I wish to in- torse what Mr. Sabln said in re ,.r,l to railroads, and assure you m nt Grants Tass. will do all we can to help in this regard." time has come when all the residents of Josephine county should get together and build up the inter ior 6f the county, especially the Illi nois valley. We of Grants Pass have a part in this, as Grants Pass Is the natural railroad center and distribut ing point. There is only one way that we can bring this about, and that way is for every man to put his shoulder to the wheel. And you should not get discouraged because a railroad has not been built. It will ccme, I believe, in the near future. "We should all be optimistic," said Mr. Gilkey, "People with tales of woe are not wanted. If some old er ones can not get In line then younger ones and new blood will take up wnere we leave orr. , "We of Grants" Pass Commercial club appreciate this welcome here and hope to entertain you likewise at some time in the future." Judge J. L. Childs of Crescent City, was introduced and stated that he was not a stranger In Illinois val ley, that he had made periodical vis its to friends there, but that it had been five years since his last visit but regardless of the lapse of five years he felt at home. N . "Crescent City has much in com mon with th3 Grants Pass country," said the' speaker. ' "When we talk harbor or you talk railroad it Is a mutual affair. All of you who own property here do not realize your in heritance. Under water and in al falfa your land would be worth from $250 an acre upward. The dairy business could be made a great Indus try here. I see you have entered it to some extent, and I hope you) will continue to extend the business. There was no creamery here five years ago. "Now, to get $250 an acre for your land, you must get more people here. To get more people you must have more improvements." Judge Childs called attention to the great feat of Los Angeles in procur ing water and dwelt at some length on the way the people of that city steed together in he effort to turn Owens lake into a canal and send millions of gallons of water to the city, more than 200 miles distant. He used this as an Illustration of what can be accomplished by united ef fort and called attention to other things which the people of southern California have accomplished, and all ns a result of standing together. "Just so can the three counties of Del Norte, Josephine and Jockson and parts of Idaho and Nevada, accomp lish much in the way of railroads, a harbor and other Improvements If they get together and stay together," said Judge Chllds. and continued: "We want a wagln- road from Cres cent City to Grants Pass,xa road with a foundation that will last a thou sand years. Del Norte county will do her part. We want this wagon road tp your railroad at Grants Pass and vou want the wagon road to the COLONEL BIDDLE VISITS THIS CITY TOUR OF INSPECTION AT COAST FOR GOVERNMENT. WILL REPORT ON HARBOR Data Supplied Showing Developed and Undeveloped Resources of Country. Col. John Blddle and three other officers of the engineering corps of the United States army, together with delegation representing the Del .Norte County Commercial club ar rived in Grants Pass yesterday after noon from Crescent City, and in the evening Col. Blddle and be Crescent City residents met with a group of the Commercial club members at the club rooms to discuss matters regard ing the Crescent City and Woolley- port harbor projects. Coming from Crescent City were Col. John Blddle, U. S. A.; Major J. F. Mclndoe, U. S. A.; Major J. J. Morrow, U. S. A.; Major C. W, Kutz, U. S. A.; Superior Judge John L. Childs, Attorney D. G. Donahue, George M. Keller, superintendent Hobbs-Wall Lumber company; Eu gene Cummerford, chairman board of supervisors Del Norte county; Mr. and Mrs. H. S. Woolley, Jr. Mffjor J. J. Morrow, Major C. W. Kutz and Mr. and Mrs. Woolley took the 6:35 p. m. train for Portland. The two army officers have been on harbor work on the California const independent of Col. Blddle's work at Crescent City and were returning to their stations, Maj. Morrow to Port land and Major Kutz to Seattle. Col onel Blddle and Major Mclndoe want south today, returning to their sta-. Hons at San FranelRCO. Major Mc lndoe was with Col. Blddle on his work at the Woolley port and Cres cent City projects. It had been understood that Col. Middle would leave for San Francisco Immediately on arrival here, but such was not the case. He wanted to meet representative men of Gjants Pass in order to find what the sentiment here was regarding a harbor at eith er of the two points under consid eration. At the meeting In the club rcoms last evening the matter was discussed and the army officer was made to know that Grants Pass wan vitally interested In a harbor project 1 gion. sea. The speaker then dwelt at some length on the benefits this road would bring. Inr his opinion, by re ducing freight rates. "Del Norte people hope to bond the county for the purpose of building this road if you people will take It up and continue it to Grants Pass." The addresses of the Grants Pass and Crescent City speakers were re- Ct 1VCU WllU mUlli lUll-im, nuu i"-v were many who prophesied that the people of the Illinois valley would become loyal supporters of substan tial Improvements in the way of a rnnntv road and in otner mings vhlch would be of mutual advantage. Those who went on the pilgrimage were: Isaac Best, William Best, II. L. Gilky L. L. Herrlck, T. P. Cramer, A, nw l pnn Arthur Conklln. F. Bui li cit)!. W. It. Nipper, J. M. I slum, J. O Gibson. T. K. Murray. L. L. Jewidl, L. D. Jewell. N. E. Townend. It. L.J Coe, W. B. Sherman, L. It. Stcelhnm mer, H. E. Gale. W. P. Weren It. E. Kroh, C. E. Sellerk, J. H. Morris. H. R. Moses, J. Rornes, A. C. Holcomb. Frank 8. Torrey. E. 1,. Cobnrn. E. E. Roropangh. H. T. Hull. J. T. 1ignn, W. F. Horn. J. C. MattUon, Dr. H. C. Dlx.cn. H. C. Bobr.len. George R. Riddle. H.JW. Axtc4J. A. C. Hough. Geo. 8. Cafhoun, F. Reynolds. Stan ton Howell. W. C. Lockftt. F. W. Reld O. A. Gibson. H. L. Andrews, Fred Cutler, Geo. C. Sabln. T. 11. Cor nell. Geo. H. Carner, J. L. Calvert. Dr. Strieker, Bert Barnes. Dr. Walk er, E. V. Ingeis. J. B. Ingeis. either at Crescent City or at Woolley port, that Grants Pass had no fav orite, that the bent one, or the one recommended by Col. Blddle was the one Grants Pass wanted, that a vast territory of rich natural resources was available. Colonel Blddle had been supplied with data regarding the territory af fected. What he particularly wanted here was an expression of the ptople. He stated that Mr. Donahue had sup piled him with the data 6n resources covering iho territory "all the way from the coast eastward to about the margin of the Mississippi river." Mr. Donahue acknowledged the corn. Col. Blddle made a statement of some length. He described the rou tine through which such mat'.ers must go. H3 stated that his work at the Crescent City and Woolleyport sites was wiiat was classed as mere ly preliminary, or a blrdseye view; that he would send In ths report to t'e war department 1 and on the strength of this report the de partment would decide whether It would or would not order a survey; that If his report was fav orable, and a survey wag ordered that the final report and recommendations would be sent to congress and con gress would then, or rather would be expected to make, an appropria tion. Colonel Biddle stated, however, that it has been the practice of late years for congress to look with much more favor on appropriations such as this would be, where the people Inter ested, would contribute toward the expense, In other words put up some thousands themselves. He asked if Grants Pass people would be willing to help out in this matter. His ques tion was addressed to President Sa bln, of the Commercial club. Presl dent Sabln replied that he could not speak authoritatively on that ques tion; thnt If it was a matter of vot ing bonds or done in some legal form that he believed the people would in dorse It heartily, but that taking up the matter in a subscription way wotlW possibly fall of satisfactory re suits; and thebond or taxation form vaa out of the question, as Oregon and the people could not vote bonds for California improvements. The question of railroads was dls cussed from the standpoint of actual accomplishment bo soon as a harbor was assured; that Hill, regardless of all denials from certain sources, would extend his Oregon Trunk, tax ing In the Pacific and Eastern at Butte Falls to the sea, and that his competitors would do likewise. ' ' i Med that whenever Hi" harbor question Is settled, then Grants Tass will throw moral and fi nancial aid that vayw ro will cor porations, timber and other kinds, and people generally over a wide re- LIQUOR INTERESTS LOSE TEST CASE THE SUPREME COURT SUSTAINS JUDGE CALKIN'S DECISION. tvery Incorporated municipality. large or small, -was responsible for such litigation originating 'within its limits', it might as well be given fre rein under the 'executive power phrase. Hence, the people havo said. v'If we must foot the bill while the towns take the revenue by oar local option law, with its county unit we will retain some control of this matter as against the town, 'even lthln its limits.' COUNTY CONTINUES DRY Effect of Former Dry Vote Not Abro gated by ITonie Rule Amend- r.n";. In the case of the state vs Ilearn, going up from Josephine county, the state supreme court yesterday affirm ed the decision of Judge F. M. Calk ins of the circuit court here. In other words the supreme court holds that prohibition Is in effect lu Grants Pass, that an amendment to the state con stitution, as the home-rule amend ment, can not abrogate a former vote of the people of Josephine county, or any county. The opinion was given In the case of Schuler, from Joseph, Wallowa county, though the court, at the same time affirmed the decision of Judge Calkins in the Ilearn caso. The case of Schuler Involved the same question presented to the su preme court In state vs. Ilearn, and Involved the operation of the home rule amendment in the city of Jos eph In eastern Oregon. The Joseph caso being tho first one decided discusses the legal aspects of the case at length, and this decls Ion Is not yet avallablo, except as re ported through the Portland papers; pnd the decision In the Grants Pass case is brief, referring to the'more ex tended findings In tho Joseph case, so that it Is difficult at this time to state with any certainty Just how far reaching the decision Is as against tho home-rule amendment. However, this much is certain: the court holds that the effect of a for mer dry vote In any given territory is not abrogated by the homo-rulo Amendment as to any portion of the territory embraced within the Urn Its of an incorporated town, and the effect of the dry vote continues In accordance with the provisions of the local option law the .same as though the home-rule amendment had not been adopted. Whether or not another vote could be had within tho limits of territory voting dry within two years from the time of the election was not In Ihbuo in either of those enseu, nor necessary for a determination of tho matters involved In either case; , but the general trend of tho decision, ns reported through the papers, in dicates, that tho local option law being still In full force nnd effect, territory voting dry must continue ory for two years at least, and that r.n election can be held on the subject within that two yenr period, and such would doubtless be tho holding of the court should this specific question come befoio It. Judge Burnett's concurring opin ion In the Joseph case, as reported lit the Portland papers, would Indi cate that he goes further than Judge Moore In rendering the main decision, In that, tho report of Judgo Burnett's opinion tieems to Indicate, that not vlthstandlng the fiu t that Incorpor ated towns are separate units, and may vote within tin Ir own limits In dependent of the surrounding tcni- tlon law Is not so changed as to pre tion low Is not so changed as to pre vent the Incorporated town from be ing combined with country unft or pieclncts, nnd thereby becoming af fected by the vote of such country d'strlct. This being the result which would follow his statement that the term "exclusive power," as used In the home-rule amendment. Is to be cetistrued not In an unrestricted Reading from left to right, top row: Cole, team coach; St. Cyr, rf; '"', that Inasmuch as "that Biggs, if; Williams, 3b; Dykes, lb; Fred Roper, manager. Middle row, ' some when In tho analysis of almost Faublon. extra catcher; Wlckler. 2b; Smith, If; Cook. lb. Bottom row, 1 every criminal prosecution, liquor Grants Pass Champion Ball Team. 'Is'. "JF.,: a "-.. ? fl , ' : ," j -nf v " A kY SALEM, Ore., June 1. That per sons In an incorporated city or town in this state cannot sell liquors In vio lation of the local option law cover ing the entire county where the city or town Is located, and that section 2 of article 11 of the constitution -was not so amended by the Initiative enactment of the "Home Rule Law" as to exempt any municipality from local option within Its city limits or municipal territory, Is the tense of an opinion handed down by the Su preme court yesterday, and written bj Associate Justice Moore, In the case of The State, respondent, vs. B. T. Schuler, appellant, the latter being charged with selling Intoxicating liquors In Wallowa county on March 10, 1911, in violation of the local op tion law which was then In force li the entire county. According to the supreme court, Justice Burnett concurring, no mu nicipal government can change Us charter so as to violate the constitu tion or criminal laws of Oregon, and since all felons and general misde meanors are necessarily comprehend ed in;the phrnBe, "criminal laws," the home-rule law enacted'by the people Infringlngs upon the constitution for the reason that It Is a misdemeanor In this state to violate the local op tion law. ! Justice Burnett concurs with Jus- tlco Moore, but not with the sam reasoning. He holds that the phrase "exclusive power" contained In the home-Yule amendment meauB noth ing more than has already been vest ed In every Incorporated city or town, nor do tho words "within limits" change the conditions in ex istence" before the revision of 1910. Justice Burnett writes: "They only serve to Intonsify what has already been said In general terms that tho city boundaries pre sent no obstacle to the supremacy of the criminal laws of the state over any Internal regulation of the mu nicipality. Where else then 'within Its limits' could a city bo subject to either constitution or any criminal law of state? The logic of appel lant's contention Is that the words 'exclusive power' are to be construed In their unrestricted sense. At the Inst he mnlntnlns that the effect ol the amendment is to repeal tho lo- al option lnw so as to exclude rural voters of the county from all elec tions which would otherwise affect the liquor traffic In the city. With this as his major premises establish ed on the day of election, tho minor prernlMo, the wet voto in Joseph, v. fl made good at, tho same time, nnd his exemption from pirosecutlon ought to follow ns a conclusion with the certainty of a sylloRlsm." In'concliiHlou, Judgo Burnett says: 'It is a well-known fact, within com mon observation, that somewhere In ho analysis of nltnoirt. every criminal prosecution, liquor appears as a fac tor. The county as a wholo pays the expense of such litigation from both aides, from Its Inception before (he committing magistrate to the fin al Judgment of tin? supromo court. If, In the analogy to tho frank pledge of the common law, every Incorporat ed municipality, largo or small, was reHponsllilo for such litigation origin ating 'within Its limits', It might as well be given free rein under the executive power' phraso. Hence, tho people havo said: 'If wo must foot tho bill whllo the towns take the revenue by our local option law, with Its county unit wo will retain some control of this matter as BKalnat tho town, even within Its limits." oppears as a factor. The country as a whole payu the expense of such Osborn, pitcher; Baker, catc her; Fablon, bm; "Pul." the club's thorough hre.l bulldoir and influent. Thn team hsi tnitrin an enrlnlile record and has run Medford into a hole five out ot six games In running series of sis. J litigation from both sides, from Us They play Medford again today. Manager Roper Is Increasing the teams' Inception before tho committing mag' strength by dally practice. Invitations will be sent out to othpr parts 1st rate to the final Judgment of the of Oregon to meet with other league teams. The pitching and batting mpreme court. If, In the analogy to have been the best and strongest features of the boys' work.' 1 the frank pledge of the common law Stale, respondent, vs. Dan Ilearn, appellant; appealed from Josephine county, F. M. Calkins, Judge. Affirm ed by Justice Moore, Appellant In this rase was convict ed of selling Intoxicating liquors In a dry rounty. and appealed on similar grounds of appeal as thosn Schuler based his rase on. Court made same ruling.