i l MEDFORD MATL TRIBUNE. MEDFOBD, OR1WON, WEDNESDAY. JUNE 8, 1910. 3 'A NO RIGHT TO SEIZE WATER Supremo Court Holds In McMlmwIllo Cnso That Municipality Cannot Exorcise ninlit of Eminent Domain Without nocolvlnu Authority. i CENTRAL POINT NEWSLETTER HALKM, Or,, Juno H. A h'gnl Mtiosllon bus Ihioii decided liy tho su premo court in nn opinion written Ity Justice King, In tho l'iiho of City of MoMlmivillo vh. Frederick 0. Ilowou Htoin ot ux, Mint Ih pruHontud i'or Mio firnt time, iih fur iih Mio ourt can loam, for Mio oniiHlJuniliuti of any court in MiIh country. Tlio (iuohMoii in: "Can n municipal corporation ap propriate, by r!lit of eminent do iiiaiti, waters flowing across an own er's land situated outside thti corpo rato liuiitH, without firnt having re ceived from ono of Mio .legislative brtuicliuu of Mio Htato express or spe cifio authority MioroforY" This is Miu principal point introduced by Mio defendants and appollautM in an ac tion brought ly tho City of MoMinn villo to appropriato Hpring waters flowing front thoir lauds, and which resulted in u judgment for tho city in tho lower court. JiihMco King cites vnrioiitt uuthori ticH whoroin a iiuinicipality exorcise tho power of eminent domaii within tho corporate limilH, hut never under such clrouiiiHtanceB as presented in this ciiHe, and on account of the nuostion being very unducided uh to whether MiIh prerogative may ho ex-1 orc'iHed at all by munioipulitioH with out legislative authority, tho judg ment of tho lower court is reversed and the. ciiho remanded for further proceedings. Considering tho cnto, JiiHtice King hohlH that the people! are the paramount source of all log-1 ifdative powers within tho htate, mid i whuther they may invoke thin power' YON'CAI.LA, .June throm-h direct logislntiop, eiinor in ,,,,, wltilu Hichaid tho maimer provided uy tue milium and refereiidiuu amendment, they ait limited n'y in ao far iih their Tho Ladles' Civ In Improvement club had a called mealing on Tuuday afternoon at tho Common'ial oluh rooms for tho puipoHo of complet ing Iho dolallB of tho work connected with tho flower hIiow. Minn Maudo Loo loft Inst Saturday evening for Portland, where hIio will remain for the HiimiiKir. The finoHt Logan horricB in the Htato of Oregon mo grown in and near Central Point. They aro in comparable for hire and flavor. Kightooii of Central Point'H repro Honlativo young men made a public profession of convorflion nt tho lull ornaclo IiihI timidity afternoon anil evening. J-'rauk Thompldiis and wife, who recently Hold thoir ranch weal of town, aro at proHont occupying tho I. 0. Itobnott ranch, out in that sumo locality. Thoy have not yet decided uh to their future movementH. Central Point may have a Y. M. C. A. in tho near future. Tho Central Point hotel now has threo HtorioH and tho interior of the hotel Ih being rapidly put into shape to iiho. Twenty new sleeping mums aro to bo added, with five batliH; also tolloU and InvutoricK on all floorH. When finished thin old hostelry will proRont a very different apponrnncn and will, in fact, he hk comuiodiouH and up-to-duto as any hotel In Southern Oregon. Mr. and Mrs. Holt aro struggling against many obstacles at present in trying to look after tho needs of the traveling public, and aro to be com mended for tho nianiior in which they are aeeompliHhiug that end. Thoro in a movement on foot, started bv the pastors of tho churches and Hiippleiiiented by homo of the business men, to lot the big tabnniacle Htand through tho sum mer and hold union meetings in It on Sunday evenings. Tho idea is iiilo a popiilur one and may bo adoplod. MrH. .J. It. IlnlmoH, wife of our oily marshal, Ih expecting her mother and hIhIoi' from Philadelphia to vfoll hor a lilllo lator In tho season. MrH, Nancy Obcnchaiti, one of Central Point'H charming old Indie, entertained the Mull Tribune repre sentative tho otlior day with the story of tho oarlh(iinko of '711, when MiIh valley wub badly Hhakcn up. MrH. Obonchain has n sloro of fnHcinating stories of early days in the Hogue Itivor valloy and hIio knowH how to tell them. I"1. P. Cooor talks of Hlarting a gymnasium MiIh summer, and if given Mm propqr encouragement will prob ably carry the project through. Jt seems (iiiito an undertaking for a Hmall town, but Central Point has a Hpleudid lot of boys, all the way from t years to -JO, and a gymnasium would cortninly moot tho physical ro (luiremeiitH of a lureo number of Micho. Why not a girls' department, too? The Portland rose carnival has at traetcd but few of tho citizens of Central Point, and most of those who are attending il went to Portland on other biihiness and took in the rose show uh u side event. Not to dis parage Portland's effort, the Central Point Civic Improvement club hopes that the townspeople will suvo their dollars and their enthusiasm for their own flower show, which will oc cur on the 'J3d-21tli of tho present month. Mrs. Hohort Kyle, and Mrs. J. V. Anderson drovo to Mod ford on Tues day, returning in the evening. Mrs. W. P. Twomey expects soon to leave Central Point for a visit with hor mother in Pennsylvania. Her mother in 81 years of age and in poor health. IS FINED FOR MAIL DELIVERY IS' Portland Man Who Bucked Uncle Sam Pays the Penalty and Gors Out of Business Delivered Bills For Mercantile Establishment. FORMER MEDFORD MAN HURT BY VICIOUS HORSE lowers may no aiinif,e.i iy mo -; rritvturud kneecap, eral constitution is a sufficient guard - kI)0o1 wnH ,.c,i ,i,l .. !...., ...... I. !..!. il.i.t tii.ut.i,,, llitit ' might become subversive to the prin cipled of a republican form of gov ernment, and tho people, through the direct method provided, may enact general or special laws for special beneficial purposes. Justice King held that to compel tho cities and towns in this state to nwait the action of tho legislature before being permitted to exercise the right of eminent domain, would mean that no city may exercise such a right without tho same privileges being extended to atl incorporated towns, such course nover being pur sued by this Htato. In deciding the point forcibly argued by tho defend ant's counsel, to the effect that the 7. Sunday Mnbeu was eimaged in hitching u team of hoius to a wagon ho received a heavy kick upon his Tight knee, resulting in a Dr. George the injured limn was made us comfot table as cir cumstances would permit. It will probably bo Hovoral days before Mr Mabel will bo ablo to veuturo out with the aid of crutches. Million is well known in Medford us a horsubrenkor and trainer, hav ing lived hero from boyhood until :i fow yen; A ago. ASTORIA MACHINISTS JOIN GENERAL STRIKE PORTLAND, Or., J nil) H. Charles , Neth's privato mall (service with which ho romypotod with tho govorn mont dollvory monopoly went out of existence today dcspllo tho Tact that Neth was bucking tho "government trust" at reduced rates. Ncth nlcadod guilty In tho federal couit to hnlng organized n prlvato mall service. Ho paid a fine of 25 and learned that tho dellvory of mall Is reserved exclusively for tho govern ment. Noth is tho 1 cad of a debt collect ing agency. In ordor to Increaso tho offlcloncy of his service by securing acquaintance with buslncis men ho undertook to contract with 'largo wholesale houses to deliver their monthly statements. Noth charged ono cent for tho de livery of each lettor. Ho had ac quired a Inrgo patronage. Tho von turo wnB.iirovInc extremely lucrative whon tho federal officials wibbed him. A CITY PARK 'OF 100 ACRES Barnchurrj Helnhts Owners Will Lay Out Scenic Tract and Present City With Hundred Acres In Center for Park Purposes. In Case of vSicRness PHONE 3 G 4 1 MEDFORD PHARMACY Near PoBt Olfice A HNight Service Freo Dolivory i E. O. Aylor e: Aylor & nnrnctt left Wednesday for Portland, whoro he will close with Portland capital ists on the Dcrncburg Heights park proposition. It w tho Mention of tho now company to create a park out of 100 acres, commanding tho moot beautiful vlow of iho valloy, and later donato It to tho city. Tho balance of tho tract adjoining tho park el to will bo subdivided into small tracts and sold as rcsldenco property. TO THE PUBLIC. We Are Aflents for Parisian Sage, and We Know the Guarantee Is Genuine Chas. Strang. If tho store ads were not worth your whllo thoy would not bo pub lished nt all. In two minutes you can find In tho somo fact that is important to you. Tho "bargain huntor" who studies tho ads is also a bargain finder! ' For Sale Parisian Snge, the quick-acting hnir invieorntor, is guaranteed To stop falling hnir, To cure dandruff, To euro itchinc of the scnlp. To put lifo into faded hair, To mnko harsh hair soft and lux uriant, To moke hair crow, or money back. Tt is the most delightful hair dress ine mndc, and is n great favorite with Indies who desire beautiful nnd luxuriant hair. Price 50c a large bottle. For the Finest Bakery Products Staple & Fancy Groceries try us WLVAOl." We can boast of hundreds of sntisfied customers people who know that they are getting full valuo for every cent spent in this store. ARE YOU ONE? Give us a trial and yoa'll become one. WYe?r t3atamt9ki -' Allen & CORNER MAIN AND CENTRAL AVENUES. Reagan STREET WORK DONE DURING MONTH OF MAY Tho street commissioner's report for May, accepted by tho council Tuesday ovening, shows Main street cleaned 11 times, Oakdalc three times, all old lines of sower flushoc nnd three repaired. Two crossings wcro put in and all crossings moved from four graded streets. A number of streets and alleys wore filled with earth from grading. "The Powers That Be." As groat a play as "Tho Lion and tho Mouse," "Tho Man of tho Hour ' or "Paid in Full." This was what Al lan Dale, the greatest of American dramatic critics, said of "The Pow ers That Ho," which will bo thu firat production to bo given by the Athoni ASTORIA, Or., Juno 8. The ma chinists of the Astoria iron works nro on strike today in sympathy with other motal trades workers on strike in vnrious cities of tho Pacific coast. Tho men went out after faervim.' their employers with u demand for nn eight-hour day nnd a minimum wage increaso of 10 cents por dny. Until thoy struck tho mnchinibts were boing pnid $3.50 for a nine-hour day. Officials of tho company refused tho demand, but announced that the btrikcrs could return to work when ever they desired under old conditions. i nnd I ,ii,,i,n,i, imf.t r.i,ifiii rP,iiiL,i,i v ,1,1,1 amendment to the state uoiihIUuIioii Wo.liiomliiy of noxt week. Tho playl grauiiui: me lugui voicih oi ovury city the tlower to enact and amend their charters which shall not be amended or repealed by tho legisla tuie, being insufficient to authorise a municipality to exorcise eminent domnin, tho writer says: "If a city or town were buffering from, or throntoned with a postileuce, shows what political craft will do to a community. Had it not been for "graft" in polities theio would never have been an lronunU theater fire in I'hieauo, where hundreds of lives wore lost. The recent street oar strike in Philadelphia would not lmvo occurred; there would lime been ,io scandal in Sail Francisco, which ro- , ,,, i ..I i ' ". ... H worn .o , owei ... uiku mtum m(a( j ,,, , ,,0j fiullk,Iu.P essential to tho alleviation of such L ,ho 110IlStotllltll.y. and otlior dangers, real or threaten- ,,,. .,, rrIlll, t,,... iirill.,rf .i... I crafting before the audience in u most poworful niuuuer. It shows the schemes and tricks Mint nro ro- . .. cu, nut must await tlio iiittiation ami submission of a bill to a vote of the people of the entire state, entailing u delay of from 12 to 'Jl months thoroby, roudoring fruitless, in many instances, nil of forts to that end. Manifestly such irrational conse quences were not intended by this change in our fundamental law. To so hold would bo to say that it was intended by this eliaugo to embar rass and not to aid municipal gov ernments." Oilier cases handed down uie us follews: Nina 11, l.athrop, lospoudeiit, Modem Woodmen of America, nppel- dunt, appealed from .the circuit court of Josophiuo county on potitiou for rehearing', denied by Justice King. O. It. Elliott, appellant, vs. Wal lowa Count', respondent, appealed from Wallowa county, J. W. Knowlos, judge ; nn appeal from an assessment v'of daninges; affirmed by Justice Me 'llrido, - W. J. Funk & Co., appellants, vs. Lillian A, Stevens, respondent, ap pealed from Wallowa county, J. W. ICiiou'Idh, judge; uu action for goods sold and delivered; affirmed hy Jus tice Mellride. Modern Woodmen, Attention. Camp 001 !1 will hold picnic at Lit tle Hutto, on P, & F., at railroad bridge, Saturday, Juno 11. IJring your family or best girl; also a well filled lunch box and comu with the crowd, Train leaves at 8 n, m re turns at fl j). m, Don't forget tho 'date, Invito your friends, Ni.t (touts round trip fare nnd children half fare, (Signed.) COMMITTER 70 sorted to by political thiocs in electing thoir man to office It shows tho struggles a young man seeking ro-eleetion to the office of prosecuting attorney goes through in boing oloeted. Tho end of the third net, showing tho roturns coining in on election night, is ono of the most exciting and realistio scenes ever put into a play. When the play was iirst produced in Chicago it is an actual fact that men throw their hats m the air nnd womon stood up and yollod themselves hoarse. In fact, we pos itively gimrauteo this play to he ono of the best and most powerful pro duet ions over fceen in Medford. We vendue the assertion that if you see this gioat play by tho strong Athon company you won't ho satisfied 'until you have seen it again. See if we nro not right. ? '' Tim Only Wnnmu'aCollfgooii tho V.r I'acllle (.t Uicluilicly lor l ounir Women LocatrJ amnnit tlie txautiful liills near OalUnJ, Culifunua, itniMvtui? clute Id San r raiicico and the llrcut Univrrtitlri of tlie Writ, Full collrjiate courie IraJinit to Jftlrce. Entrance unJ ifruJuution requirement equivalent to lliuwe o( Stanford and University u? California, Trainintl fits ntuJcnU for teaching rrilular linei ( academic woiL, and ollcra ipccial dvanUci (or inuiic, art, library itudy and liotua economics. Well equipped laboratories for cience. Special attention to health of atudenti. Modern dymiiaiium thoroughly equipped. tOut door life and arauieinenta in the ideal California cli mate. Alumnae in every city on the Pacitio Uooit. OH CATALOaU ADDItKI Vs PlIBOIDBNT MJKIXA CLAY CARBON, LL, D, MILLS COLLKQK P, O., CALITORNIA ORSRI Every pair guaranteed. 100 acres, close in, fine dairy stock ranch, easy terms. 10 acres, income $750 this year. 4 homesteads. Restaurant, a snap. Hakery, fine buy. 24 horses, from $75 up. 115 ncrcs, 5 miles out, 2200. West Walnut Park lots, terms. 0-Room bungalow, $500 off price foi quick sale. 2 lots and 2-roora house, $850. 100 acres, $1000. Rooming house, n money-maker. FOR SALE OR TRADE. 4 automobiles. 10-Room house, 2 3-4 acres; close in i Fruit land ,closo in. ! 7 horses. ' Do You Own a Block in DA PARK DIN If You Want a Block of This Addition See Any Agent or W. H. EVERHARD HOTEL MOORE, MEF0RD, OREGON. QOODFRIEND HOTEL SAN FflANCISCO I. COODFniEND. Maniger formerly ITntrli St.itifnnl nml Rt Herjl, lnfll fittiTt, nmr (Imry, mlloiiiliiu Hotel Muiix. 'lnlto Until Manx Hu or MurLvt Street Oir. truixfer to l'nwvll. Iiliiil liou'o nnit locution (or lndloa lsltlng tlio city nlono. EATE3, $1.00 TKB DAY AND UP FOR RENT. J Housekeeping rooms, fl rooms, bnth, modorn, $35. j5 rooms, modern, $12. , 7 rooms, $20. '4 rooms, modern, $12.50. 15 rooms, modorn, $15. 2 furnished houses, $25 nnd $35. WANTED. 15 men for ditch work, $2.50. Men, $2.50 per dny, and boaid $4.50. Sawmill man. $2.50. I Chicken ranches. Rnnch hnnds. $35 per month. liny men, $1.50 por day. I Girl for gcnornl hotisowork. 40 woodchoppors, $1.50 cord. !E. F. a7BITTNER Mcaford Employment Bureau. 1 Business chances, real estate, nM kinds of hJp furnished and busines ' 1 ehnncos hnudlod. . Room 208. Taylor & Phlpps Bldg. Phono 4141 Main. I j ffj UhuU COUCJ s' Pure Drug's Thoro nro good, bad and indifferent drugs sold ovory day all may bo pure. So is all candy or othor foodstuffs, but some- Is a nrcat deal better than others. Wo liantllo only the best. Stop ii a moment and seo tho now fancy goods, postcards, toilet nrtiolos and othor sundries. Vory complete assortments in ovory lino. We Want Your Prescriptions All Night Phone Service. Tel 3641 MEDFORD PHARMACY Near Post Office ' 17 (mil1 'inVfflv "1 1 ' pf' liifill Mm prmm p --.-cm For Store Lighting MAZDA Lamps .Are Unrivaled They enable any store to use electric light at a cost which . is less than would have to be paid for any other illuminant on the market. We Furnish MAZDA Lamps to our central station custom ers at very liberal terms. The General Electric Company is supplying us with the GE MAZDA lamp in all sizes suitable for all lighting needs. Every merchant should look into this question of more light for his business. We have several interesting propositions for merchants. ROGUE RIVER ELECTRIC COMPANY k -a lis Jl , ' i i v " wy ' 'L n xV itljkJmMfmmm. .mmrnmmmm.'mmtfmMkr imt' JBtA&J., njmM&te-.tMrrwmmmatPm ,-tf