i
Medford Mail Tribune
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Fall Lowed Wire Repert.
J ill'. W1CATIIICIL
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The only paper In the' irarU
published In a cliy the site el
Medford hating; n IqabA wire.
MEDFOIID, OREGON, TCESiny, -APRIL 19, 1910.
No. 25.
UPREME COURT RULES AGAINST CITY
s
TRAIN 16 DERAILED
BY
ROBBERS
FLEE AFTERWARDS
Lives of Hundreds of Passengers In Jeopardy 'When
Engine, Express and Three Baggage Cars Leave
TraGk Railroad Tie Was Placed AGross Tracks
Near Switch - Engineer Injured.
KBI) BLUFF, Cal., April 10. An
attempt wjk made today to derail
nnd mh train No. 30, the Oregon ex
press, at Corning, near here, today.
Tho lives of hnhdrcds of pnMcjigorH
were placed in jeopardy when tho
engine. cspri'HH and three baggage
earn left tho tracks.
The robber were evidently fright
ened away when they aw the largo
number of pnHsongcni who were un
injured, but nrouted.
A railroad tb had been plncod
noroM the traeltH near a nwiteh. Thu
train wno going at high pced when
it NtruckMhn obstruction. Threw
NEIL'S CREW
LEAVESjOR WORK
With Ten Men, Government Engineer
Starts for Prospect Will Hake
Camp Near Pumice Hill and Get
Ready for Lotting of Contract.
Engineer B. P. Hoidel nnd n crew
of ten men left Tuesdiiy morning for
Prottpcct, to begin work on specifi
cations prolimiirery to tho letting of
a contract for tho building of thnt
section of (hi Crater Lake rood nenr
Pumico Hill.
Mr. Hoidol oxpocts to Vcstnbllsh
camp just this side of Prospect and
will rush tho work. A contract is
then to bo lot.
Three wngons londod with sup-.
plieB wore taken out today, starting
ai a. in. fir. iiumcj luiiunu ,
horseback, v
"1 intond to work Sundays nnd ov
ary other day," said Mr. Hcidol, "in
order thnt n contract may ho lot ns
soon aB possible."
FAMILY FEUD LEADS
TO DUNCH OF DEATHS
LYONS, On., April 10, Two men
aro doad, two nro thought to bo dy
ing and nnothor js soriously wound
ed ns tho result of a despornto battle
among tho mombors of tho Collins
and Lowis families.
, Tho Collins and Lowitf fnmilios aro
among tho oldest in this scotion of
tho state They havo boon hitter
enemies fdr many yonrs. Whilo A.
S. Collins nnd ono of his sons woro
walking along a business stroot horo
laBt evening thoy woro mndo targets
by mombors of tho Lowis family.
Tho ColllnsoB returned tho firo.
During tho fight thnt followed thoy
both woro killed. Marion Lowis nnd
another mombor of tho Lowis family
woro woundod, porhnps fatally, nud
a third recoivod n ballot in tho shoulr
dor.
Gloason Favors Welsh.
CHICAGO, III., April 10. Jack
Glonson, of tho fight promoting firm
of nioknrd fc QlonBon, today enid
that ho favored Jnok Johnson'n sn
leotion of Jack Welsh for roforoo of
tho big sorap. Glonson Bhowod
plninly that ho foarod n row over
tbo choosing of the reforeo,
WHO
hundred yards of track wore plow
ed up by tho overturned engine and
earn.
Engineer (larduer nipl a tramp tn
tho "blind" baggage were injured.
Itailroad detectives have been or
dered to investigate the attempted
train robbery.
IteportH to the division headquar
ters at Sacrnmcnto were made by
Conductor Nichols of tho Portland
train.
Train No. 10 is due in Medford nt
5:21 p. m., but owing to thin acci
dent it will probably bu several
hours Into.
OLD REGIME'S
END IN SIGHT
Retirement of Aldrlch and Hale Dis
quiets Regulars and Encourages
Insurgents More Representative
Senato in Sight, Declares Dolliver
WASHINGTON, D. C, April 19.
Tho iloflnlto announcement today that
Halo Is to retire, following tho an
nouncement yesterday that Senator
Aldrlch had mndo a formal announce
ment that ho would quit tho sonato,
lias cnusod consldornblo comment
among sonato lenders. Tho regulars
today aro grontly worried over tho
ltuntlon. Tho Inaurgonta, on tho oth
er hand, nro moro confident today
than over that tho old roglmo In the
sonato is over and that tho upper
house of congress 1b to becomo n moro
roprosontntlva body than It has been
boforo.
"Thoro novor will bo another Ald
rlch," declared Senator Jonathan P.
Dolliver of Iowa, a rocognlzed insur
gent Jondor. "Tho ond of tho old reg
ime of Individual domination Is here.
With tho now roglmo tho sonnto will
becomo a moro roprcsontntlvo body
thnn tho houso and will bo moro re
sponsive to public sontlment.
Tho prediction of Senator Dolliver
Is bolng rppentod among tho lnsur
Konla horo. Thoy prodlct that with
tho organisation of tho noxt congrosa
thoVAldrlch machlno will disappear.
That Lodgo 1c tho man most likely to
bo nnmod by tho regulars to take up
tho Aldrlch loadorshtp Is conceded.
With this fact In vlow, senatorial in
toroBt Is contorod In tho fight bolng
mado In Massachusetts against Lodgo.
TRAIN NO. SIXTEEN
DITCHED AT CORNING
RED BLUFF, Cnl., April 10.
Southorn Pncltlo pnsaongor train No,
1G which loft Oakland Inst night at
8: GO for Portland, wns dltohod at
Corning, 20 miles Bouth of horo, nt 4
o'clock this morning.
Engineer Onrdnor nnd nn unldon
tlflod man woro hurt.
Tho onglno, oxpross nnd mail cars
overturnod.
Tho train was traveling? slowly who
Tho train wos traveling slowly
whon the wrock ocourred,
Tho cause of tho acoldont has not
been ascertained.
COKE HAD NO
SPECIAL
Highway Commission Given Warm
Welcomo at Largely Attended
Meeting of Ashland Commercial
Club Plans for Road Set Forth
by Members of Commission.
HARMONIOUS RELATIONS
OF CITIES IS URGED
Fruitgrowers' Association Is Also
Given, a Boost Ashland to Work
Hard for the Benefit of the High
way. Members of tho Medford Com
mercial Club Crntcr Lako higbwny
commission were given a warm wel
come nt n largely nttended meeting
of tho Ashlnnd Commercial club
Monday evening, nnd n committee
wns appointed to work with tho
Medford committco in securing sub
scriptions for tho proK)sctl highway.
Ten thousand dollars is tho mark
set by the Ashland club to raise in
Ashlnnd for tho road.
Tho plans of tho Medford club
woro set forth by John M. Hoot, J.
A. Westorluud, J. D. Heard, George
L. Davis, E. B. Watonnnn nnd Geo.
Putnam, mombors of tho commis
sion prosont, nud questions concern
ing the cntorprisa fully nnswercd.
nnswored.
Atililnnd Doostcrti Talk.
Talks advocating tho co-operation
of Ashland wcro mado by Judgo
C. B. Watson, prosidont of tho club;
C. II. Gilletto, P. G. MoWilliams and
other prominont citizens of Ashlnnd,
nud n motion thnt tho Ashland club
indonro tho project and nppoint n
soliciting oommittee was unanimous
ly carried.
A point mndo by all spoakors was
tho necessity for harmonious rela
tions existing botween tho two chief
towns of tho vnlloy, Ashland nnd
MedfoKjl, nnd how onch of thorn oc
cupied n sphoro of its own, not in
conflict with tho othor. In enter
prises for tho futuro of tho vnlloy,
tho co-oporution of nil tho towns
was advocated, and tho Medford
contingent protnisod to turn out nnd
work ns loyally for Ashland whon
onllcd upon ns thoy did for thoir own
town.
Good Hon ds NUccdod.
A strong fonturo of tho reception
wns tho good ronds movemont and
tho nocossity of having n strip -of
good road constructed in order to
oonvinco nil by ohjoct losson of tho
noed of good roads, and so soouro
tho co-oporntion nnd support of nil
tho pcoplo in tho vnlloy.
Judgo Wntson told how ho hnd
boon ono of tho first white men to
visit Crater Lako; how, in 1873, ho
forced his way through tho brush
and over tho mountains to tho lnko,
whoso oxlstonco was thon doubted
by most pcoplo, nnd how for nearly
10 yoars ho had boon n Crator Lako
crank. Ho had writton tho first
published description of tho lako, nnd
lins seldom missod spouding his vn
cntion thoro in tho intorvoning yonrs.
At tho conclusion of tho mooting
Mr. Gillotto mndo n strong plea for
tho nowly organizod fruit exchange,
urging tho peoplo of Ashlnnd to in
terest thomBolvos in its success by
(Continued on Page 5.)
ASHLAND SETS
$10,000 ASHER
GIFT TO ROAD
0R1TY
I
CASE MUST BE
Supreme Court Holds That Act of
1909 Speaks Only of Duties and
Judicial Labors and Not of Power
and Authority Says Term Held
by Cake Was Devoid of Authority.
4
I
Tho course now open to tho
city is to have the condem-
" nation proceedings against
M. F. Ilnnloy set down for
trial in tho circuit court. The
decision rendered by the su
prerao court today nullifies
all notion sinco Judge Cake
heard the case. A complaint
is on file, together with a de-
nurrrcr of Mr. Hnnley. This
" wns tho status of, tho case ""
when Judgo Coke galled u ""
special term of court, over-
ruled Rcames' demurrer and
proceeded to trial. Tho city
now can go bnck nnd pro-
" cccd as if no special term
of court had ever been held.
SALEM, Or., April 10. Judg
ment of condemnation procured
against tho property of M. F. Hun
ley by tho city of Medford for the
purpose of laying a pipeline across
his farm on Littlp Butto creek, which
was obtained in n special session of
tho circuit court, presided over by
Judgo J. S. Coke, was declared void
by tho supremo court today, in an
opinion written by Associate Jus
tico Slator and the restraining order
mndo by Judgo II. K. Unnna en
joining tho city from proceeding
with its pipeline is affirmed.
Tho act of 1000 authorizing tho
appointment of J. S. Coke in tho
second district nnd conferring upon
him authority to hold court in an-,
other district when so directed by
tho governor, was not, according to
Associate Justico Slntor, sufficient,
under the constitution and laws of
this stato, ns Inid down by tho su
premo court, to clothe him with tho
judicial power necessary to call a
special torm of court to hoar these
special proceedings.
"Tho act doos not authorizo tho
govornor," says Justico Sinter, "to
require him to porform somo judicial
not which, provious to enactment
was not within tho judicial power of
any circuit judgo."
Tho court holds that tho act of
1000 spoaks only of "duties aad ju
dicial labors," nud not of judicial
powor nud authority. Thoroforo,
tho court concludes that nt tho time
of tho entry of the supposed judg-
(Continued on page 5.)
COMMERCIAL CLUB
MEETS TOMORROW
Tho regular meeting of tho
Commorcini club will bo held
Wednosday ovoniug. Im-
portant business will bo
transnotod and a full attend-
nnco is desirod.
Among othor subjoats to bo
discussed is tho distribution
of pamphlets nnd tho entor-
tainmont of tho Portland vis-
itors noxt wook.
Tonight tho Koguo Kivor
Fish Protection association
holds its .innnnl mooting for
oleotion of offieors and tho
protection of fish.
4- -f--f -t- -f -f - -f
HEARD
AGAIN
I
ROD AND LINE
III ROGUE ONLY
IF PLANS CARRY
Rogue River Fish Protective Asso
ciation Will Hold Annual Meeting
Tonight and Map Out Program to
Close River to Commercial Fishing
From its Mouth to Headwaters.
RESTOCKING OF STREAMS
WILL BE CONSIDERED
Fishways Over Dams Will Be Dis
cussed in Order to Keep Rogue Up
to Its Standard as Best Trouf
Stream in the West.
The Rosuo River Fish Protectlvo
association will at Its annual meeting
nt the Commercial club rooms at S
o'clock tonight, Inaugurate tho cam
paign to closo the Rogue river and Its
tributaries to commercial fishing.
Funds will bo raised to secure the
needed signatures to an Initiative bill,
which will stop all fishing except
with rod and lino In tho Rogue river
and Its tributaries.
In tho opinion of nil who bava
stundled the subject or Investigated
it. such a measure Is all that will pre
serve angling In the Rogue, and the
tlmo has now come when tho Rogue
will mean moro commercially to this
stato as n tourist attraction as the
finest fly fishing stream In the coun
try, than it will as a salmon producer
for o monopoly nt the mouth of the
river and a few fishermen who make
a steadily diminishing Income fur
ther upstream.
To Rostock Streams.
Among other subjects to bo consid
ered at tho meeting will bo the re
stocking of the streams, the Inaugu
ration of an effort to turn the hatch
eries Into trout hatcheries, and the
effectivo Bcreontng of irrigation
ditches nnd conduits. Tho flshwaya
over tho dams-will also bo coaaider
ed, as It Is reported that fish are un
nblo to longer pass tho Ament dam,
tho floods of last winter having par
tially destroyed tho structure, wash
ing out tho lntako and rendering tho
now flshway built by tho stato last
year Inadequate and usoloss. Tho ro
colver of th Goldn Drift Mining com
pany has promised to repair tho dam
ago, but as yot nothing has been done.
In Its present condition tho dam is an
obstnelo to fish and useless for tho
purposes for which it was constructed.
Wardens to Attend.
Deputy Fish Wardon Edward Clan
ton as woll aB Charles Gay and oth
er locnl game wardons will bo In- at
tendanco at tho mooting, end give In
formation of tho conditions existing.
Master Fish Wardon McAllister, who
was expected to bo presont, finds
it impossible to ntton, but will bo rep
resented by Mr. Clanton, About the
first of tho month tho mastor wardon
will moot tho club and porsonally in
spect tho fishways and conduits in
this section.
S. S. LURLINE LOSES HER
RUDDER IN MID-OCEAN
PAN FRANCISCO, Cnl., April 10.
Tho Mntson liner Lurlino is bond
ing for this port today with her
stooriug gear patched with spurs nnd
hawsors. Tho vossol is 35Q miles
frorn. port and proceeding slowly.
Tho rudder stock was brokon off
complotelv, Sho carries a heavy
cargo nnd 70 passengers,
TEAM DASHES MRS.
BYRUM TO DEATH
NEAR TABLE ROCK
With Infant In Arms Mrs. Byrum Leaps From Car
riage end Is Hurled to Deatlw-Ghiid Escapes
Companion Suffers Broken Ankle and Other Injuries-Was
On Way to Medford.
Mrs. W. H. Bvmm was instantly
killed and Mrs. Garrison severely in
jured in a runaway accident near the
Table Bock schoolhouse Monday af
ternoon. The two ladies had started to
drive to Medford. One of the tugs
broke nnd the team, a rather frac
tious pair, ran away. Mrs. Byrum,
who had a young child in her arms,
leaped from the vehicle when she
saw the team was beyond control,
nnd wns thrown against the fence
bordering the road with such force
that she was instantly killed. The
babe escaped with just, n 'few:
scratches.
nnviu in um
mm id nui
SEEKING I06A
Nefaraskan Returns From Brazil and
Says He Has No Intention of Seek
ing Election to Senate Comments
on Retirement of Aldrlch.
WASHINGTON, D. C, April 10.
William Jennings Bryan renched
Wnshington today, having just re
turned to tho United States from
Brazil.
"I think many will feel about it
as a man onco expressed himself
about tho death of a mau with whom
ho radically differed," said Bryan,
discussing tho retirement of Aid-
rich.
"Whilo we ought not to rejoico in
another's denth, yet this is one of
the dispensations of Providence to
which one can easily reconcilo one
self." Bryan declared that he had no in
tention of becoming a candidate for
tho senate from Nebraska. Ho said
he was gratified over the insurgent
victory iu the rules committeo fight.
Regarding bis frco silver reference
in his lotter road at tho Jefferson
day banquet here, ho said that tho
criticism tho reference had rocoived
waB totally unwarranted.
"Tho Republicans," ho said,
"should not begrudge us our pleas
ure in tho fnot that thoir own presi
dent has been compelled to admit
that tho scarcity of money mndo low
prices."
TRAIN ROBBERS GIVE
OFFICERS THE SLIP
MARTINEZ, Cal., April 19. Tho
doputles under the leadership of Sher
iff Vonlo and his chief deputy, John
Birmingham, roturnod here today aft
er a futile attempt to catch tho Good
year train robbors.
Tho Contra Costa officials lost the
trail of two Buspocts in Redwood can
yon at dusk last night and, although
thty endeavored to regain tho scont
nt daybreak, thoy could find no traco
of the men thoy beltevo to be the ban
dits. Tho supposed train robbors aro
nearlng tho border of Alameda coun
ty and the sheriff's office horo has
communicated with tho authorities at
Berkeley, Oakland and Alameda,
Mrs. Garrison stayed - in the rig
until it was overturned, when she
was thrown out, suffering a frac
tured ankle, and other minor injur
ies. It wag first reported that she
had been fatally injured, but she is
now resting easily and will recover.
I Mrs. Byrum was- a daughter of
iMrs. A. B. Saltmarsh of Applegate,
and her errand to this city was to
meet her mother and take her to her
home for a visit. When Mrs. Salt
( marsh reached Jacksonville on her
way to Medford she was jnet witk
the intelligence of her daughter's
death.
Mrs. Byrara leaves a husband aad
three small children.
FORTY KILLED
IN HIDE
Workmen on Grand Trunk Pacific
Meet Death In Disaster While
Constructing New Line -Eight
Bodies Recovered From Debris.
QUEBEC CITY, Que.. April 19.
Forty men killed In tho landslide
which .caught a work train on the
Grand Trunk Pacific yesterday ac
cording to reports which have Just
reached here.
Eight bodies havo been recovered,
and those working in the mass of
earth and boulders expect soon to
unearth moro corpses.
The mon killed were working on a
ballast train. A mountain of naaaaad
rocks swept down upon thesa aad
buried them In the bottom of a creek
75 feet below a bridge over whkhjka
train was running at the tlmo ot the
v.llV.si
CHINESE PRINCE TO STOP
BUT FEW HOURS AT FRISCO
SAN FRANCISCO, Cnl., April 10.
The extensive preparations to wel
como Princo Tai Tao of China on
his arrival hore Friday wero stoppod
today when it was learned that the
prince will romnin in San Franoisco
only n fow hours boforo proceeding
eastward.
Arrnngomcuts had boon mndo to
recoivo him with all honors duo his
rank. Troops of cayalry and la
fun try stationed nt tho Presidio had
been ordered to meet him nt the
dook and escort him to his hotel.
In tho local Chinese quarter com
prehensive nrrangomonts for his wel
como had been mado.
SISTERS GREET EACH OTHER
AFTER TWENTY-SIX YEARS
Last Wednosday Mr. nnd Mrs.
Jamos Allen of the garden section
nbovo Phoonix, rocoived n message
from Medford that thoir niece, whom
thoy had not soon for 20 years, was
in this city, Mr, Allon came down
and took Mrs, Smith to his home,
Tho noxt day Mrs. Smith's sister(
Mrs. Williani Campbell, camo over
from Jacksonville, nnd a happy xo
nnion was hold. Mrs. Smith is en
tranced with this part of the valUy.