Ore-sou I'.iaorlWl 8fc
I'MTKII I'ltKSH ANNOt'lATION
I'u 1 1 Ia'mmi'iI Vln Itcporl.
Tin only paper In tint world
IiiiIiIIhIkmI In a oily tho il.o of
Medford having it loaned wire
Medford Mail Tribune
TUB WKATHKIU
Tonight and Wednesday
Cloudy.
Monday's Tompornturo High
54, low 3.1, range 43.
cWUTII YEAR.
MISDFOM). OREGON, MTESDAY, BBRr.MtY 10, 1910.
No. 283.
CRATER LAKE ROAD CASE KNOCKED OUT
UPREME COU
RT DECIDES
THAT
THE BILL IS NOT CONSTITUTIONAL
1
JUSTICE KING
LONE FRIEND
IT
REGQN
Files Dlssentlnn Opinion In Case
Against That of Other Four Jus
ticesOpinion States Road Is Sec
tional and Not Benefit to State.
KAI.KM, Or.. !VI. in. Tin- mi
prrm court of Orvgon unlay Nimlnlu
! flio tWUlou of JiiiIki' !ullinvny of
ltr circuit court of .Mnrloii county
liy declaring WHOiMitltiitlimnl Hie log.
Utnilro net mtM'd tit flu limt hcmIoh
appropriating 9100,000 fur tho con-
t ruction of n nwil fnm flit Pacific
ocean lo tilt iMiumbtry line of Idnlio,
known iin tin' Orator Iikf nmd.
JiiHlIro King filed n dlmetitlng
opinion, NinmlliiK out iignlutt lil imso
clutt'N.
The court Ihim-iI Hn opinion uMn
wet Ion 'Jilt, article I, of the conotJ
ttitlon, t-htliiilug tluit lli mud Im n
"tlM-cliil" or "local" one, nud not ono
which would iH'iieflt the Ntnte at largo,
(Continued on I'tvo f.)
WANTED MONEY BACK
Japancso Who Were Divorced Would
Revved, But Dclng First Cous
ins, License Was N. G.
REHEARING WILL
BE ASKED OF
SUPREME
COURT
Attorneys Preparing to Continue
Fight Indignation Runs High in
Southern Oregon Course of Wil
lamette Mossbacks Condemned.
Tho attorneys conducting the fight
in the supremo court for tho Crater
Lake road appropriation aro already
'preparing to petition tho supreme
1 court for a rehearing of tho case. In
jasmuch an a dissenting opinion was
filed in tho caso by Jnstico King, it
is beliovcd that a -lehcnring can bo
secured and with a rehearing, all
hopo is not as yet lost.
Feeling today runs high in South
ern Oregon against tho Willnmette
valley mossbacks who have for tho
JUDGK W. I). PENTON, '
Who gave freely of his time mid money to further the cause of tho Crater
JmUv nmd. Judge Ponton before tho Miprenie court delivered whnt Is
termed liy attorney tho moNt able argument over delivered Ik-f ore that
IkmIj-, To him the thank of tioutlicrn Oregon nr duo, and It wm not duo
to any neglect or overnight on lilt part that tho cane was lout.
SEATTLE, Wash., Fob. 15, Ityo
zo Tanlmlto, 2fi years, and YohIiI
NiiltnHlilinu, 27 yonrH of ago, aro wait
ing today for n luttor from tho county
chirk, rot ruing tho inouoy thoy paid
for n nmrrliiK" license which no ono
would honor.
Thoy wuro mnrrlod, divorced, and
ro-inarrlod In Japnn, nnd whon thoy
caniQ to America wished to bo Joined
totrothor by tho A in or lean law. Hut
Hov. Slilinnnko, pastor of tho Japanese
MothodlHt Episcopal church, rofunod
to honor tho IIcoiiho, nH thoy nro flrHt
coiihIiih,
So Tanlmlto Bout tho following lot
tor to County Clork Blckols:
"Doar Sir: Wo hnvo no nood of
mnrrlngo, bocniiBO which I IncloHod
In this onvolnpo, any moro. So aunt
back to you, and If you will got mon
ey buck to mo. l'lonso lot mo know
soon us poHalblo, Yours truly,
" KYOZO TAN1MIT0."
Ton yonrn ngo thoy first wod nnd
two children worn born to thorn, Hut
tho lovo of tho mothor country over
whelmed tho lovo for ono another,
nnd they were divorced so ho could
outer tho .InpiinoHO nnvnl ncndoiny,
which ndmltH only single men. Hut
Tanlmlto fulled to puhh tho ontranco
examination and leturned to his fam
ily nnd ro-niuiTlod Ills dlvorcod wife.
timo lininc at least blocked tho build
!ing of the road which would mnko
accessible ono of tho world's great
est natural wonders. Denunciation
of an obsoloto constitution generally
prevails. And Southern Oregon is
wniting with quiet determination the
noxt general state elections.
It is generally believed that the
long fight to secure a state appro
priation for tho bottcrment of this
CAtlirin tT Mm cr n r n !o n f n n a A fit
COMMERCIAL CLUB HOLD MEETING THURSDAY
eu over ono yonr ago when boutherii
Oregon boosters visited tho state
capital in n body nnd demanded an
President Colvii? has culled a meeting of the MedLord appropriation of $100,000 from Un
commercial club Tor Thursday eveninir to consider tho state. Tho legislature granted it; n
LCrater Lake road decision and provide wavs and means of commission provided in the bill wn,
r .... 1 nnnomted: the federal "ovenimnnt
securing tno nignway. out nn l)nincor mi(f (ho work
As tho president and many members oi the club will started. Then it wns thnt one l. n.
go to Gold Hill Wednesday evening to help inaugurate McMnhnn of Sniem brought suit to
the Gold Jlill Commercial club, the regular meeting of the pi" t' appropriation on tho
club for AVcdnesdav is postponed. . Ttl itt-wn8 Jinn?titMt!o.nn'-
1 p.. 11 .11 1 ' mi V. -i ...1 This enso, being decided against
;v mil aueuuanco u.nursuay evening is ucsireti, wiicn Southorn Oregon in the lower court,
n i'iwmuu uiii c5-t in iiiwiivru nidi iti uiuivt- liiv vunv was ciirncu 10 tno supronio COUlt
BALLINCER i
HAMPERING i
t 4--f
"THE FOURTH ESTATE"
IS NEXT IN LINE
ATTORNEY
Counsel for Glavis, Pinchot and Oth-1
ers Claim They Cannot Obtain
Documents From Department
Which They Need. '
The next serial story to be
published by the Mail Tribune
will be "Tho Fourth Estate,"
a Twwerful story dealing with
the power of the press. The
play from which the story is
written will appear next sea
son at the Medford. It is in
tensely interesting. See the
announcement on page 5.
CROSS-EXAMINATION
OF GLAVIS UNDER WAV
Angrily Declares That a "Frame-up"
Had Been Made In Connection
With Discovery of Letters.
WASHINGTON, D. C, Feb. 15.-'
Complaint by the attorneys for Louis
R. Glavis, Gifford Pinchot and oth
ers that they are being hampered in
obtaining copies of records of thhs
interior department reached a cul
mination today.
Attorney Btandeis, on behalf of
Glavis, told the congressional com
mission investigating the Ballinger-
PAVING AND GAS
PLANTS THEMES
THIS EVENING
City Council Will Have Much Impor
tant Business to Discuss at This
Evening's Session Will Probably
Submit Charter Amendment.
Paving, gas plants, bids for city
improvement bonds and other impor
tant business will be considered by
the city council when it meets in reg
ular session this evening. Tonight is
the time set to hear protests against
paving, but it is unliScTv Ea'mnny
property owners will Tie oh ' hand to
Pinchot controversy of his fnUure ' tender protests, as the city is almost
to get certain papers. j unanimously in favor of more hard-
"I wish to renew my daily com-lsurfaco streets.
plaint," said Brandeis. "JTany pa
pers that I require the commission
to hnvo the interior deopnrtment pro
duce have not been delivered."
commission, therenpon asked that Several other important
hi-j ww ux.aa ill "J v tiviti uvv
The paving proposition will be
considered and it is probable thai a
charter amendment will be referred
to the people to give the council au-
franchise.
matters
Attorney Vertrees, on behalf of1.. ... .
Hallmger, thereupon continued his
cross-examination of Glavis. Tho
men opposed to tho administration of iTIVrO HOC 011110
Ballinger in the interior department! "HALO fllL DL rll!
toaay were active ionowing a vciieit
M '
em hand
IN HERE
Three Leading Officials of Roai
Owned by Hill Visit Valley Stat
That They Are Here Looking Ovw
Orchard Properties.
HAS THEIR VISIT TO DO
WITH PACIFIC & EASTERN?
They Claim Hot Will Leave TM
Evening for North, After Look
ing Over All of the Valley.
SAN 1)11500, Cub, Fob, 1 R. A, J.
MoiganHtorn, for years u practicing
attornoy In 8'nn Francisco, but for
about two years ono of tho most nc
tlvo criminal lawyors In this city, oc
cupied n coll today In tho county Jail,
whoro ho wnB nlncod on a ohargo of
tondorlng chocks to loading merchants
on tho First National bank of this
city, In which Institution ho Is al
logod to lmvo had Insufficient funds
or credit,
Taxpayers Are Coming Through In
Good Shape No More Rehate
After March 15th.
of Oregon sit up and take notice.
whoro it wns lost.
FIRE CHIEF WANTS NEW ALARM
POINDEXTER HAS NOT
WITHDRAWN FROM RACE
of Operating tho Department Was Nearly $2000.
WASHINGTON, Fob. 15. Repre
sentative Polndextor of Snoknne.
wnsh., declared today that tho story
that ho had withdrawn from tho sen-
Flles Annual Report and Makes Recommendations to City Council Moro ntoriai rnco in Washington was "made
out or wnoio ciotn."
Hose Requcstod Flro Loss Dining. Year Totaled $12,000 Cost -i Bhnii not withdraw under any
cHuuiuBinnccH, no snin to tno united
Tress. "I am In tho raco to stay, and
I expect to win.
"Tho situation Is bottlng bettor ov
ory dny. Tho circulation of tho story
thnt I hnvo withdrawn Is a favorablo
sign, bocatiBO It shows every Indi
cation of my strength. It was made
out of whole cloth, but it wns sprung
In tho fight too early to have offect."
Recommending that a comprCssod
air whistlo bo installed for sounding
firo nInrmms,'to tnko tho pluco of tho
boll, which' is inndoqunto, inasmuch
ns it cannot bo distinctly hoard, on
account of tho trains switching nnd
spoiling freight cars, and asking that
tho dopnrtmont bo oquippod with
1000 foot moro of hoso, Kugono
Annum, firo chief, has filod his an
nual report with tho city council. IIo
nlfjo further rocommouds that an or
diunuco ho passed regulating oxits
nnd nislos in thontors nnd public as
sembly rooms, nnd also to require
ono or moro firo osonpos on nil public
buildings two or more storios in
hoight.
Tho summary for tho past year is
ns follows:
Numbor of alarms turned in, 21
total loss by fire, $12,000; insurnnoo
on snmo, $10,000; numbor of men un
Bworing nlnrniB, '130; fires in rosl
doiicos, 8; firo in schools, 1; grass
fires, 3; falso alarms, 4; fires in
woodsheds, 1; firo in dyo works, 1;
fires in rostnurnnt, 1; firo in drug
store, 1; firo in tolophono offico, 1;
total cost for maintaining tho do
pnrtmont, $1070; total amount of
hoso (2V-inoh) on hnnd, 2600 foot;
totnl nmount of chomicnl hoso on
hand, 500 foot.
Powell-Mcmslc Fight Tonight.
LOS ANGELES, Cal., Fob. 15.
Knoh confidont that tho other is to
loavo tho ring u boaten man, Low
Powoll and Goorgo Momsio await tho
first gong whioh will call thorn to
gether for thoir ton-round fight nt
Nuud Junction tonight.
Both lightweights mndo tho requir
ed 133 pounds easily, Tho odds
which yost onlay wore ovon, today
jumped to 10 to 7 in Powoll's fnvor,
following a strong showing of Snn
Francisco raonoy.
No Trace of Tug.
WASHINGTON, Fob. Iff! -Tho na
vy department today ordered tho vos
sols that aro searching for tho lost
tug Nlnn, which disappeared with 32
mon aboard hor, to conflno their
Bcnrch to tho Bouth of Fonwlck Is
land lightship, off tho Delaware
const,
threat by Attorney Vertrees that
there might be n sequel to tho pres
ent investigation, with Low's R. Gin
vis in tho courts accused of purloin
ing papers from government files.
Glavis on the stand Into yesterday
angrily declnrcd that the discovery
of 24 letters, representing corre
spondence from mthe Jnnenu.
Alaska, lnnd office, regarding tho
Cunningham enses. was a "frame-
up." The letters, after being mUs- While taxes aro being paid with
ing for some time, were found in a i commendable rapidity, Sheriff Jones'
room of tho Senttle fedorol building j office force is not overworked nt
with offects belonging to Glavis. j present and could possibly handle a
A. Christiansen, who succeeded ; ww moro simoleons per dny for the
Glavis at Seattlo as field agent, and i Kood of tho couuty.
G. W. O'Neill, assistant custodian of J March 15 tho timo for claiming
the federal building nt Seattle, who lnu 3 per cent rebate will expire, and
are reported to have found tho lot- j those who wish to save this amount
ters, have been snbpenned nt tho re- 0,1 no'r taxes should come up to tho
quest of Vertrees. Thev have been ' captain's office before that time.
directed to bring tho box in which -P"' 1 'ftxes or 1009 become do-
It . 1 L
xne letters are alleged to hnvo been , "nqueni.
PAID QUITE RAPIDLY
Judgo W. JL Colvig has returned
from Corvallis and Portland. At
Corvallis ho addressed o largo audi
onoo tolling them how Modford did
things.
II. B. rnttorson has returned from
Peoria, 111. IIo found many pooplo
tnlking about Oregon.
found.
Attorney Vertrees nlso cnlled unon
tho forest sorvico to produce all let
ters sent to its officials by Glavis.
DOGS OF WAR ARE
ORDERED UNLEASHED
RLUEFIELBS, Nicnrngnn. Feb. lo.
(By wireless to Colon.) Bearing
ordors to Gonornl Chnmorro to bo-
gin immodintoly tho long-deferred nt-
tack upon Manngun, n courier dis
pntehod by Provisional President Es
trnda is hurrying townrd Jlntncalnn
today.
Estrada's ordor wn? wired to the
telegraph nearest Mutagulpa, whoro
Chamorro lies. At this point it wns
entrusted to a courior. It was ns
follows: "Strike fast nnd hard."
Gonernl Jrenn, with 1000 mon, i
rushing townrd Mntngnlpn, whioh is
bombarded bv tho administration
gonornl, Lnrn, 'to roliovo Chnmorro.
Tho rebel lendors aro confidont,
howovor, thnt Chamorro would be
ablo to hold tho city, despito tho
hombardmont, or lonvo it should ho
dosiro.
Bad-Edd Vendor Fined.
LOS ANGELES, Cal., Fob. 15.
Because John McCllntock, a grocery
man, advertised eggs as fresh whon
In fact they had been in storage sev
eral months, C. L. Parry, tho man
who sold the eggs, ploaded guilty to
a violation of tho pure food law, and
as n result 13 out Just $25 today, tho
sum which went to mnko up his fine. I
Three of James J. Hill's right
hand men J. 31. Gruner, general sa
perintendent of the Great Northern;.
G. H. Emerson, superintendent of
motive power, and J. Russell, super
intendent of tho North Bank spent
Tuesday in looking over tho valley.
WJiilo thoy stated that they were-
here simply to look at certain prop
erties, their presence gave rise ta
much speculation in connection witk.
the Pacific & Eastern, which HiM
has been reported as backing. They
disclaimed all matters tending to
connect them in any way with the
present 'activity in railroad circles.
The officials were takon to vier
different sections of tho valley an&
plan to cntch a train north frora
Ashland this evening.
The fact that Hill is building into
Central Oregon and thnt tho Pacific
& Eastern is to bo built to an east
ern connection hns given rise to a
report that Hill plans torcach Cali
fornia by way of Medford and Cres
cent City. It is known that John F.
Stevens, mil's chief engineer, mnda
the preliminary report on the P. & Br
nnd henco tho visit of other Hill of
ficials lend color, although they deny
any other motive than that of look
ing over certain properties.
G. H. Emerson, superintendent of
motivo power of the Great Northern
railroad, met an old friend in G. Ht.
Osgood of Medford. Years ago Mr.
Osgood, as a locomotive engineer,
gave Mr. Emorson some primary rea
sons in tho way to ran nn engine.
Mr. Osgood accompanied tho party to
Ashland this morning.
ELKS PLAN TO HOLl)
BIG ENTERTAINMENT
The Elks have kicked over then
traces and nro climbing into the
minstrel bnnd wagon. Elks null well
in tho hnrnoss until you start a cooa
song or pick a ripe Newtown joke,
then thoy always break loose and
want to join in.
This Is T. E. Daniels, who" wns
driving tho Elk wngon nlong smooth
ly until he wns rash enough to start
tho coon ditty, "You Don't Know
now Much You Have to Know in
Order to Know now Little You
Know," nnd tho antlorod brother op
pressed a dosiro to basso profnndo
for a fow mensures. Ho'll get hinr
back in the harness nftor a fow
Tho conviction of Parry Is the first
mndo since the recent meeting of tho
stnto board of health hero, when the
board filed a ruling that egga hold
In storage or treated with preserva
tives were not to bo consldored fresh,
A numbor of store mon nro under
nrrest for sellln anclont eggs In tho
placo of fresh ones.
SEATTLE, Wash., Fob. 15. The
owners of the new nlno-story I.eary
building at Second and Madison
streets today confirmed tho report
thnt the yaro planning to add 11 sto
ries to tho building, giving Seattle
tho highest structure on the coast.
Work is to start In June ov July. The
foundations of tho building wore
built to carry 20 storios.
breaks like that and drivo tho wngon
in triumph to tho Opera hottso on
tho evenings of February 25 and 20,
Friday and Saturday nights. Pnsto
tho dates in your Hunhonnot. The
rehearsals aro starting off finolyr
with Gunson, Withington, Burgoss
Androws and Johnson sitting in the
front pow and shouting "Glory I",
Thoy want a chonis of nhout 00
voices and are welcoming male
voico3, whether Elks or not. If yon
would like to "join in" eomo to the
high school auditorium nt 7:30 this
evening and you will get tho. glad
hnnd and hnvo moro fun than at a
St. Pntrioks dny pionio.
You can savo tho money to pay for
a summor vacation by boglnnlug to
"buy advortlsod things."