I. . . I
M . I '
MEDFORD MAIL TRIBUNE, MEDFORD, OREGON TUESDAY, NOVEMBER 1, 1910.
sV
? W-
iii J
&
AS,
it r
iaBi;A r
, -
r
KING'S FAMOUS DISSENTING OPINION
, IN CRATER LAKE HIGHWAY CASE
Supreme Court Justice Who Held That Southern Oregon Was as Much
Entitled to Appropriations as Other Sections and That Holding the
Appropriation Invalid Violated the Letcr and Spirit of the Constitution.
i r
? rwk2r ttLHsBssBBSflaPCT f 9flsssssw6&f wilBitwII
WILL R. KING, JUSTICE OF THE SUPREME COURT
!
JiuIko Will R. King of tho supremo
court, camlidnto for re-election on
the non-partisan and democratic
tickets, should receivo a unanimous
voto in southern Oregon, renrdlc3s
of party, not only for his acknowl
edged ability, but for his broadness
of vision and his fairness to this
spction of the state.
( When tho faupremo court last Feb
ruary hold tho Crator Lnko highway
appropriation invalid, Judge King
wrote a dissenting opinion, which in
its way is a classic and has endenred
him to the heart Of ovoryCrntor Lake
enthusiast. In pnrt this decision,
championing tho rights of this sec
tion, is as follows:
"Can wo then consistently hold
that under this section of our funda
mental lawi tho state has tho right
to appropriate money for the pur
pose of connecting on our northern
boundary two divisions of tho state,
requiring tho tnxpayers in remote
seetious to contribute to such appro
priations, merely becnuso tho means
of transportation is in cars upon
this lnchwuy, nnd at the snmo titno
hold that tho &niuo rnngo of moun-
tnni nmv not bo pierced by another
and l"s exponsivo class of highwnvH
wagon roads noar its southern
boundary, opening, thereby, tho only
pprnctunl means of comminiicntion
Anilablc to the peoplo of tho two
separated localities of such remote
section! And shall it be held that
the pei j 'e along tho Willamette river,
thruich the generosity of tho stnto
nppr pmtion for tho locks nt Ore
eon Ut, shnll bo commercially unit
ed north and south, and nt the same
u'.i a like privilcgu to the citizens
of the two divisions enfet and west
of the ( asemle range near our bouth-
an her 'f rst I think not. Such in-
coiiMstt icy was certainly not in-
t--i ded b tho conceded broad-mind
ed, f r s-eemg and nblo men of which
die ft vrntion was composed. It is
k'ai .J stion, as intimated, whether
he ho it'iem part of tho stnto has
iee'1, ir is receiving its proportion
f state appropriations but whether
;m rule of construction bhall bo np-
Ijed, when disbursements by tho
into 6U"11 bo made for highways in
ho uorthern and northwestern pnrt
if the stato and n different rule
erwul v.ben disbursements aro auth
orized f r highways in the 'southern
nd southwestern districts. I deem
he precedent established, by holdiuc
ho act nndor consideration oid, to
c far-reaehuiir and portentous in
its nsultant effects.
"iong the lino of this contem
latei ruad and within the western
oui''ar f Ivlnmnth county is what
ln)n as tho Crater Lake Ka
on pak Of this pnrk and its
crcil ture and t advantages ve
m ike iuuiumi Kiiowteuge, uui in
ete-. inr.' whether the benefits to
cer " to i be stato at large nr siif-
eie t ti -""'-5 ' highway o'i of
ubl " ra r lhaifcat Importance,
o aro ro eft to this lesoitreo alone.
Ke tae together wjh plaintiffs
ss.- n m his pleadings, the un
!iutradited testimony of witnesses
koo hie! standing and infonnato.,
, the subteot is unquestioned.
"The l "a"r i.ase tusinci -is ji
e r irthwestern pari of Klamath
unt. adiacenMoJnekson connlj.
t
within tho government forest reserve,
nnd, prior to 18G5, was practically
uuknown; but in 1002 was, by tho
government, 6ct asido as a national
park, since which timo it hns been
known as Crater Lako national park.
It contains, npproximutely 100,000
acres, or 230 square miles of terri
tory, tho grandeur of which is un
excelled, either on this continent or
elbow her, nnd when properly opened
by traversable highways, promises
to rank through its wondrous scenic
benuty and. unparalleled geological
formation, as ono of tho most valu
ablo resources of our stato. "
Summing np Justico King sa,ys :
"In view of the conceded facts, :t
would tt'om tho public importance ns
compared to tho local benefits could
hardly ndmit of doubt. Ono of the
great assets of any commonwealth i
its scenerj, its freaks of nnture,
whether in its rugged mountains or
its vnllqys; its Jakes, mammoth enves,
hot springs, as in Arkansas, or gey
sers, such ns appear in Yellowstone
pnrk, etc. Upon assets of this char
acter many of the railway lines
throughout tho various states in
which they oporato, such as those
along tho Columbia, tho 'Denver A;
Itio Grande, and other so-cnllcd
scenic railways, rely for much of
their income; and tho states in which
tho natural wonders mny be situated
proportiountely share in tho bonoflts
accruing therefrom. .
"Considering, then, tho combined
advantages to nccruo to tho stato bv
uniting nnd bringing in touch with
each other tho two great divisions
of tho state, ns shown, together with
tho opening to the peoplo of tho cu
tiro stato by a convenient road whnt
promijs to bo ono among the great
public pnrks and natural woudors of
tho continent, can it 'bp legally held
that the aqt in question is voidf
Holding uncqiihtitutionnl this not
violates, I think, both tho lotter nnd
spirit of tho constitution, and es
pecially disregards the nilo of con
struction inokod by this court in
nn unbroken lino' of decisions for
half a i-entury. to tho. effect that
constitutions, in order tbnt the ob
ject of tho government mny bo ac
complished. miM bo construed liber
ally and along broad, general lines;
nnd that before an act shall by the
courts be unnulled nnd held for
naught, tho conflict must appear be
yond a reasonable doubt. Docs tho
.showing mnde in this instance elim
inate all reasonable d(ibt ns to the
validity of the uetf I think not. In
fact, I can see no room lor n sub
stantial doubt upon the sibject, and
must, therefore, record my dissent
from the conclusion announced bv
the majority."
CONTRACTOR SHOOTS
AND KILLS ENGINEER
PORTLAND, Or.. Nor. 1-Frank
Porter, a civil engineer, was shot
and instantly killed by Charles E.
Cottage, a prominent contratcor, at
Tenth and Draiee streets tbla fore
noon, following a quarrel.
Cottage was Immediately captured
by persons who wltnesBod the shoot
ing and was taken to tbo police sta
tion, where he is held pending; an In
vestigation into the affray
WHAT IS THE
Name
OF THE FINEST
Flour
If you are a user of tho flour
that wo haudlo it won't tako
3-011 long to answer this ques
tion. If you don't uso the flour
wo sell you haven't triod tho
best flour sold in this city.
Most bakers uso a cheaper
flour in their bakery products
thoy can raako moro on their
bread. Wo arc sure that PURE
WHITE is the finest flour, for
wo havo triod and found it to
bo hotter than anything wo over
tried. Havo you tried it T
WHAT IS THE
Brand
ON THE BEST
Coffee
Hundreds of homes right hero
inModford would answer right
off tho icol. If you aro a cus
tomer of this store you enn an
swer, too. "Golden Onto" is
tho name and you'll find that
wo arc not exaggerating when
wo claim that it is tho best.
Wo think so hundreds of fam
ilies in this section of tho coun
try think so you will think so
if you try it. Let us send you
n pound next timo you need
coffee.
GROCERIES?
Anything you want in the
nlnMlA ntiH In nAif si t lirt a "
niu;iu uiiu jluijuj iuwuij uuv
Allen &
Reag
Phone Main 2711
Main and Central
1 Diaries
for
1911
v Complete line.
"Prices Always Right."
Medford
Book Store
COME 2
3 Pines cn got oomo of tho
ilKD SOIL
which gives tho rich color
2 FRUIT
D, 10 and 20-acro tracts from
D5 to $125 por aero. If you
wish employment whllo tho
trees nnd vegetables aro grow
ing, you can get It nearby, at
3 Pines, tho new lumber city,
IIOWLAND
Room 3, liMJ E. Main' Bt.
XZ
ASHLAND
Gzmmeiaazrf,
cMt&p
r-S)S
Ashland, Oregon Swedonburg Block
This is the school thnt will make you Suc
cessful, Train you for Business and Help
you to a Position.
BOOKKEEPING, SHORTHAND
AND ENGLISH
Secure your Business Education at home
ata very moderate expense and, if you wish,
we will secure you a position in any of the
large commercial centers.
NO BETTER SCHOOL ANYWHERE AT
ANY PRICE
ENTER AT ANY TIME
P. RITNER, A. M., President.
rS
Jim' '
IV '
nr- T t 1 f i t
op arm lianas ana urcnaras
Fine ranch, partly sot to trees, fine soil, good location,
to exchange for Seattle property
50 acres, just north oi; Phoenix; county road runs
through it; heavily wooded; will cut into 5, 10 and
15-acre tracts. Must soil at once. One-third cash
will handle '
28 acres, fine Bear creek bottom land, subject to ditch
cheap and good terms.
23 acres in Crestbrpok, Half got to trees; fine buy if tak
en at once. $2500.00 will handle:
Comer lot on West Main; lot 1, block 1, Highland Parle.
Make me nn offer.
House and lot on West Side, $425.
We havo tho finest of bearing orchards, large tracts
for colonizing and timber for further orders. Any
thing in real estate at
D. H. JACKSON (SL COMPANY
118V WEST MAIN STREET
'Hp
'A
aiS
1-J!
rj n
-
1! Medford Theater I
-" -' Friday Night Nov. 4 I
-1' I , I
THE TIME IS HERE
E B. PATTERSON
i THE QUAKER NURSERYMAN
J
is booking orders now for early fall plant
ing. Don't delay in placing your order,
all stock guaranteed. a
.
Office 116 Main Street
RED SOIL
Fruit lands, cleared or uncleared. Terms to suit the
buyer. See Howland, the owner, or
The Van Dyke Realty Co.
Room 3. 123 Main Street
DENJktAN THOMPSON and GEO. W. BYER'S
Everlasting Character Play
OUR NEW
MINISTER
A Story of Life in New England by the authors of
"THE OLD HOMESTEAD"
Coming from its third successful engagement in New
York City, and fifth in Chicago.
SAME NOTE.D CAvSTS
MAGNIFICENT PRODUCTION
Seat sale begins Wednesday, Noyember 2.
,
- ?
i1 "
: -JS
"?
R. F. Guerin & Co.
4 Medford National Bank Building
have
Two.tlfousand dollars to loan at ton per cent.
Ten thousand dollars to loan at eight per cent
' and other amounts at similar rates.
First mortgage real estate security only.
Medford Theatre
One Night Only
Tuesday, Nov. 1 "
America's Leading Emotional Actreaw
Virg'itia Harned
in Herbert Bashford's Success,
The Woman he Married
A Drama of Today,
PRICES 50c, $1.00, $1.50.
Seals on sale Saturday, October 29.
lr
J
. .A
-.'
JJ
Vf,''
M
i
V
'
The Fair Oaks
Orchard Tracts
Close to Medford. Good
splendid soil. Sub-irrijratcd
and abore frost line 70 acres
now planted to pears and ap
ples. Prices rijjht and termB
easy. Let mo show you a pood
real estate investment.
Earl C. Sabin
Room 202 Fruitgrowers Bank
Building.
Campbell & Bauinbach
REAL ESTATE, LOANS, COUNTY WARRANTS,
CITY AND SCHOOL BONDS
Money on hand at all times to loan on improved farms
and city property.
PHONE 3231.
203 FRUITGROWERS BANK BUILDING.
F
JgUii
BMtf
J. E. ENYART, President. J A. PERRY. Vice-President.
JOHN S. ORTU, Cashier. W. B. JACKSON. Ass't Cashier.
THE MEDFORD NATIONAL BANK
Capital, $100,000.00
Surplus, $20,000.00
SAFE DEPOSIT BOXES FOR RENT. A GENERAL BANKING
BUSINESS TRANSACTED WE SOLICIT YOUR PATRONAGE.
Rogue River Fish Co.
DEAL ERS IN
Ii'rckli Halted and Smoked Pisli; Imported Clttcso and Macaroai;
Frtftli OyatcrH, Poultry nnd Egg.
117 NORTH Flit ST. 1MI0NU af21
Walter Hayter & Co.
- ' J 4
tM
(a. "B
Tho P, & E. R. R. will soon be at
Butte Falls, Oregon
Wo can then handle your orders. Place them now.
Write or Phone ua for xrices.
Butte Falls Lumber Co.
jW
--
Work-f.eelere read every help
wanted ad. Your ad will et you ap
plications from the best of tho "cli-Kibles."
Hasklss for health.
I
The Best Sub-Division Proposition I
In the Rogue River-valley
170 ACnCS, HALF 3IILK FI10M RAILltOAD STATION 9
116 acres la grain, 10 acres In 2-yonr-old pears; 45 acres In brush
'and'tlmber, easily cleared; no waste; good house, two barns, all
fenced with -woven wlro; telephone; R. F. D. part Irrigated.
Prlci-. $165 per acre; total. 126,360. Terms; 17600 cash; $4000 ono
year, 0 per cent; 114,860 five years, 6 jer ajat.
HUNTLEY - KREMER COMPANY
Sfi FKUlTOHOWKKfi' JilANK.
WMHIMHHMHMMnHIMMHI
S Jr hj Kj I A L
'
-"' y.
A Small Bearing Orchard.
Attrectiv Price Easy Terms
W. T. York & Co.
S
.'
A'VJRJ
'
r
JF7
fca
. 8VI
W
BFft-Bl