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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Jan. 29, 1911)
rss""'" MEDFORD MAIL TRIBUNE N ' . CLEARINGS Saturday's ....$21,021.51 Week 15 1,528.18 K FORTIETH YEAR-. SIXTEEN PAGES. jNLEDFOED, OREGON, SUNDAY, JANUARY 29, 1911. TWO SECTIONS. No. 266. W FREIGHT RATE SCHEDULE UPHELD 4 FEDERAL JUDGE ii IMTEREST WILL STILL BE PAID REMARKSiCOURL: Class Rate Tariff of September 21 1910, Will Stand-Railroad Will Probably Appeal Case to Supereme Court. PORTLAND, Or., Jan. 28 Tlint this contention of the Oregon slate railroad commission that they were within then rights when they or dered a reduction on all class freight rates hetween Portland and Willam ette valley or southern Oregon points, was coincided with when Judges Gilbert, Wolverton and Poan of the federal court sitting en banc refused to issue u further injunction restraining the state railroad com mission from compelling 'the rail roads to abide by their ruling. This decision effects the Southern Pa cific principally, and steps are being made today to revise the existing rates to conform with the order of the commission. The decision was handed down yesterday, Judge Gilbert reading the; opinion. A hearing was had before t ho three juudgos January 2, when the railroad asked to have the injunction extended until a hearing of the cn-e on is merits could be had. The court decided to refuse an cx-leiii-iou of the injunction. The cut in rates is from 2 to 20 per cent of the former rate for class freight in carloads or less. The now rates will nffeet all .Southern Pacific linos in Oregon. Order In Scpti'inbcr. The order ruvisiug the class rates placed in offect by the Southern Pa cilie was made by the railroad com mission September 21, VJIO. The railroad immediately brought pro ceedings in the United States court-', nkiiig nu injunction on the giounds that the now rates were confiscatory, that the railroad commission had ex ceeded its authority in granting them and that inasmuch as they mut at led through rates on interstate traffic, they wore an infringement of the national government's rights, the state commission being given no authority over interstate commerce. Judge Wolverton, who was then i hitting in the circuit court, signed a temporary restraining order prohib iting the oommisson from placing the proposed rates in effect until a final hearing should be hud. The com pany gnvo bonds of .foO.OOO to pro tect shippers ami repay them for money collected in excess of the pro posed rutus should thu injunction not to he sustained. The application for tho restraining order wus finally argued before Judges Gilbert, Wolverton and Peun, silting en bane, early in January. The oral opinion rendered states: Kail- Jtotimis Pofsililo Vet. "Tho court is not convinced that this is a ease in which ' there should be u restraining order. The case does not stand on the basis of a suit where n right ii alleged to huvo been in vaded. The action of the eom- ' uuhsiouers is presumed to have been' had upon a fair investiga tion of the facts aud ought not to h enjoined by the court un less it it very plain from the averments of the bill that soma ritfht has been infringed, or that a rate has been fixed which would deprive the railroad com pany of a fair return upon it investment. Considering all the allegations of the bill upon this npplication, it does not nece sarilv appear therefrom that the i.ulrnd iiiupaay will be de H ilimu u" uii I'uye 3.) EFUSE ' I 1 W ORDERED BY STATE llH VICTORY PRIMARILY ONE FOR MEDFORD Most important to the people of southern Oregon is the rul ing of the federal court which place.s in effect the order of the slate railroad commission or- deriug u reduction in nearly all " classes of freight. " The reduction means a saving " t r of 20 per cent and over to the T "" shipper. For instance, paper I "" is reduced from 70 to fll) cents t " a hundred weight, a saving of " " 20 cents a hundred. It ought to be still lower, for if paper can " "" be sliimiod from the eastern "" niills 3000 miles to Portland for 7f cents, it surely onn be " profitably hauled the 1100 miles here for less than "!) cents. Put shippers arc glad to get even "" the present reduction. "" It is peculiarly a Med ford "" victory, for Medford, almost "" single-handed, npieared be t fore the commisson demanding the revision. Other complaints are pending before both the state railroad commission and the interstate commerce coin mission and still others are in preparation. - 4 NEW RATES OF GREATJENEFIT Every Class Rate Has Reduction and Great Savino, Will Be Afford ed Public Opcrato Promptly South of Eugene. The opinion of the federal com I sustaining the order of the state railroad commission is of great ben efit to Medford. It is estimated that tho order just sustained will bring about 15 to tW per cent reduction on the majority of classes to points south of Eu gono. As there is a strong wnter com petition between Portland and Eu gono, (hero will not be a material cut of rates affecting points uorlh of Eugene. Tho order covers both the woM side, main lino aud all hrunchc within the state. MEDFOKD. Class. 1'iusont. Two $1.03 Throo 01) Four , , . ,SS Fivo "! A 71 It f)0 ASHLAND. Two 1.07 New. .fl.Oi) .S3 .71 .60 ..'0 .17 $1.05 .74 .1.2 .02 .40 Three Four h'ivo . . A M .HL .S2 .74 .C8 First class unchanged. Clus-i's (', 1) and K praeticallv unchanged. TRACT SOLD FOR $10,000 L. M, Lyon of this city has pur chased from D. S. Fore 20 acres of the Cunlwoll addition to the city Jftcksoirllt the prize id wu 10,000. A F. Harnett engineered tha deal. If the patronage of the readers of this !iewstiw-r is important to you. make voiir Mure-iuhcrtiMiig iiiinrt utit to THEM. ACKSONVILLE NnnQin nnn THEATRE IS I PLANNED I Local Men Arc Gcttintj Together and Project Seems Assured Sub scnptions to Stock Arc Being Freely Made. WILL STAND NEAR THE "NAT" ON SIXTH STREET Dr, F. C. Pane Expresses Willinnncss to Go In On Project Instead of Building. One He Planned. If tho plans of a number of locnl men do not miscarry, Medford will have, before tho opening of tho next theatrlcnl season, a $10,000 theater. It will stand on a site at Sixth and Riverside, near tho Nntatorlum. During tho past few days a sub scription list has been circulated among the business men of the city and now tho project seems to bo as sured, ns a largo sum has been sub scribed. Tho site will bo put In by its own ers nt a certain figure, so that tho money subscribed will bo used In erecting tho structure. Dr. F. C. Page, who some tlmo ago announced his Intention of erect 'ng n theater, Is said to havo oxpress 'd a willingness to go Into this now venture ami assist In It, Instead of erecting tho one ho plnnnod. Before tho end of this week tha nen back of the schemo say they will bo ready to go ahoad with tho project. Medford Is known as tho best ono ulght stand In Oregon, and tho ono thing tho city needs now In tho way of buildings Is a theater, and ono seems now to bo nssured. Fifteen Ajjahist Noose, Ten for It and Five Absent Opponents of Measure Rely on Absentees De bate Most Lively. STATE CAPITOL, Salem, 0-. Jan, 28. Abolishment of capital punishment received a tentative de feat in the senate yesterday, but ad vocates of the measure are positive that on reconsideration, which has hoen allowed, thoy will carry the day. This hill, substitiito for Pntton's GALLOWS MAY GO IN OREGON bill, propared by tho judiciary oom mittoo, proved to bo tho moasiiie around which waged the fiercest bat tle of tho day in the senate and the lobby was packed when it was noised about tho capital that tho question was before the senate. Undor provisions of (ho bill capi tal punishment is abolished complete ly and the supreme court is practi cally made the Imdy to pass on the inowtioii of pardons. No pardon mav be granted by the governor unless the -upreme court submits an opinion -bowing tlmt new evidence has linen discovered proving innocence of the accused. Dliiiltk Loads Opposition. Mularkey made an urgent plea for the bill, recounting his experience with prosecutions and citing statis tics to show that capital punishment has not proved a deterrent of orime. Dimick led the opposition to the bill. Abraham offered a plea In favor of the hill and took occasion to at tack the tactics of some prosecutors, declaring thut they become i'ienda incarnate in their desire to cciirc u 'Oiii'liou. -.. . - 4 TAFT DOES NOT INTEND TO FIGHT FURTHER WASHINGTON, D. C, Jan. 2S. Although President Tart ts disappointed at thu failure Canadian reciprocity treaty, lie considers that ho did his full duty In presenting It to that body, and ho does not Intend to ninko any farther fight In tho treaty's behalf. Tho president holds that ho has iloho all ho can for tho measure. OFFICERS SENT AFTER TARDY LEGISLATORS For First Time In Fourteen Years Speaker Issues Warrant of Arrest for Recalcitrant Members of Legislature. SALEM, Or.. Jan. 2S. Tho house sergeant at arms was dispatched to Portland this morning to plnco un dor arrest and return to Salem olght members of tho Multnomah delega tion who railed to report when the houso began Its session "today. For tho rirst tlmo In 11 years tho spenkor of tho Oregon lower houso caused to bo Issued warrants of nr rost for recalcitrant niombors who would bo forced to return to tho cap itol In chnrgo of officers. Sergeant at Arms Ely nnd ono deputy loft hero at 11 o'clock this morning to bring back tho absentees nnd ho Is author ized by tho spoakor to call on Chief of Police Cox nt Portland to nsslst him In placing tho eight legislators under arrest. Whon tho houso began Its morn ing session todny It wns found that H7 monibers answored tho roll call. Doorkooper Singer was Immediately ordored to clrculato through tho stato houso to bring any mombor ho could find. Ho succeeded In locating Ab bott of Multnomah, but two more niombors wore iiQcossnry to form a quorum, and drastic measures woro adopted to find thorn. After waiting for hnlf an hour without success, tho spoakor called tho house to order and Informed the members that nn effort would be mado to bring In tho Multnomah members. Speaker Rusk Instructed Ely to tnko an assistant and bring back the eight mon wlni loft for home after tho houso adjournod last night. Only four inoinborH of tho Mult nomah delegation nnaworod roll call this morning. Thoy woro Abbott, Fouls, Clyde and Collins. After waiting until noon tho house finally adjourned until 10 o'clock Monday morning. SE IS HALE OVER Good Roads Bills Will Come Up In Earnest DuriiiH the Comlii(j Week Much Opposition Is Met With So Far. SALEM. Jan. 28. With half the Mission over thu house today dis posed of 1 11 out of tho 2of) bilU pre sented. Of the bills on whiuh defi nite action has been taken 11 have been indetAiritcly postponed, twi withdrawn and two tabled. The most imortaiit subject to he attacked by the houso this session still remain before it. These in clude the public utilities commission hills and the good roads measure. No legislation reappointment hill has made its appearance but 0110 will he introduced Monday. It will probably take daya to dispose of this single question alone. Action i- nb.-"lutelv iiiiKsihle at this m--moii unle-s a special sesMou b..' (CoiiIIiiulJ on Pace t ) SSON w 0 C TY Such Is Opinion of Wasliinytou Ley islators Buried In Committees Every Member of Those Commit tecsls Said to Be Auainst Plan. FROM NOT ONE ANGLE COMES RAY OF HOPE One Man Is Quoted as Brandinn it "Rotten" Northwest Senators Condemn the Treaty. WASHINGTON, D. 'C, .Tnn. 28. President Tart's reciprocity agree ment with Canada, according' to tho opinions or most legislators hero to day, Is dead and burled. The two places of lntormont, It Is fj.eoly said, will bo found to bo tho senate finance coinmltteo and tho house coiumlttco on ways nnd moans, to which tho proposed trenty hns been roferted. Thoro Is belloved to bo no doubt that the senate coinmltteo will plg conholo tho plan. Every mombor of tho committee, It Is reported, is against tho mcasunvnB shown by a canvass. Ono congressman In dis cussing tho probablo action of tho houso, said teday: "You havo seen the last of It." No Kay of Hope, From not ono anglo does thoro seem to bo a chanco that tho mcasuro will bo put through. Both tho houso and sonato candidates aro at prosent controlled by high protection advo cates, and they nro not expected to do anything to break down tho tariff wall. Even tho democrats will not rally to Its defense. Thoy, it Is said, will oppose action at this tlmo on tho (foiitlmii'il oa I'ngo G.) WEIL, I ALWAYS" 010 LIKE-UPPERS Such Will Be Wail In Future for They Come After February I nt $1.60 the Nitjbt Cut Comes In Pullman Rates. With tho announcomotit yesterday of tho decision or tho Interstate coiu merco commlSHlou causing a reduc tion In Pullman car ratos nil over tho country nnd requiring tho sloop lug car company to chnrgo a lower rato for upper berth accommodations than Is charged for tho moro com fortable lower berths, tho horotofOj.u much maligned "upper" bocamo as popular as It formerly wns ditto with much or tho rosorvo English. Five-cent boor, when it gets horo, will hardly bo welcomed as wns tho fact that after February 1 tho sloop lug car rato to Portland will ho re duced from $2. GO, tho prasont rato for either upper or lower berths, to Z for the lowers and $1.00 for up pers. Tho old rate to Sun Francisco of 'i for either uppers or lowers Is changed to ?2.60 for lowers aud $2 for uppers. With this stood news, however, cornea the bitter tidings that in fu ture persons wishing to make Pull man car reservations will huvo to pay cash ror them when ordering them or wait until immediately be fore train time and take their chances on getting accommodations, This last ruling Is not as yet in effect, hut is a change suggested by tha general passenger agents of tha various railroads at a recent meet ing. 1 1 Modrord Mall Trlhuno Want udH uro biuiuess brlugers. RECIPR TREATY DEAD BROOKS SAYS HE CONFESSED III n M I 1 1 I 1 I fl 9 111 A I H H h HI h b 1 1 Wu l" t luwiuiHUhwnniu stt 'Effl SIT OP Hi TAKE NOTICE" i fm-n rnrrn nu BROOKS TELLS WHY HE "CONFESSED" "Just because 1 wanted to " " liven up this burgto bask for ' a while in the calcium rays of ptibtyiiify 1 confessed to tho " murder of the woman Hello El- " lis hero in December. 1 thought " out what would happen and ' l'timi. Ilml llmv iifiiililii'f ftiiwili " ....., ...... ...V.J VW..IW.1 V VIIIKII i nil. in ftm niiit linn rul.-'a r game worked belter than mino did. "" "I eamo west with a circus. I " am fond of being in tho lhno- light. So I took a chance. I "" " confessed. "Jt afforded me much nnmsc- "" mont to see the local sleuths get ' llllSV. Then imnn llin iivnininii. t tion ns to my insanity and my "" " frlii mi the lino. T "I really enjoyed my little slay "" at tho asylum. 'Tis a nice homo for a man. There aro no 'thrco " squares' a day to worry about. 1 was satisfied until they turned mo out. Then 1 camo down hero to see my old time "" friends. Now that 1 have seen them I am going to lenvo " again. - - -- ---t--f-f -f4 PLACE flES IN PATH 0' ELVER" Unknown Miscreants Attempt to Wreck the Jacksonville Limited In Broad Dayllfllit Place Barrels and Ties Alonij Track. Prompted either by mischief, or moro sinister motives, an unknown person yesterday jeopardized (ho lives of a trainload of passengers on Hie afternoon train from Jackson ville to this city by placing" a number of barrels and railroad ties along tho right of way, Tho identity of tho guilty parties is a mystery and no clito which could lead to their prosecution could bo furnished by tho railroad's em ployes. Shortly after theaftornoon train loft Jacksonville for Medford, the engineer wns forced to bring his train to a sudden stop because of an objool lying bolwoon tho rails. Ho iloscondod and discovered an empty barrol. Tho train wns started again but ovory low hundred foot for a dis tance of almost a mile was forced to oomo to a stop to permit of the removal of some nbstruotion in tho form of a railroad tic or an empty barrol. Owing to the fact that (ho rocont rains hud softened tho roadbed, the trains nro only run over (hat sec tion of tho road at n slow speed and this, conpled with tho 1'aet that it was daylight ami tho obstructions could bo seen probably averted wh.it at night might huvo resulted in a calaslropbv. LOCAL Ml BUYS; PAYS $12,000 CASH Saturday, Theodore Einroff, a citi zcii of the Koguo Itiver valley bought 10 acres of Griffin oreok or chard laud from Edward Judy, for the sum of $12,000, Six acres of the orchard is in 20-year-old Yellow Newtown trees, and tho reinainiug acreage is iu oloarod laud roady for planting. Waut uds In thu Mall Tribune are like investments In Medford real estate- sum winners, MAN rKttlJ HI AT ASYLUM IS BACK i Camo West With Circus and After Loafinfl Around for a Week Decid ed Ho Would Liven Up the Town by Confessing to tho Crime. Declaring that ho only confessed to the murder of Polio EIHs hero last month to "seo 'cm sit up nnd take notice," E. L. Hroolcs, who wns com mitted to tho stato insane nsyhmi at tho time as a paranoiac and dis charged from that institution Fri day, returned horo Su'turdny morn ing nnd left again tho same evening for Grants Pass. "I had conic west with a circus," ho said yesterday afternoon, "and after loafing around here for awhile I decided I would liven things up a bit nnd so when I heard that a wo man had boon found on tho railrond trnck with her. skull beaten in I thought that 1 would tell them that I did it." Hrooks was arrested hero Inst De cember following a confession to tho murder of Hello Ellis, whoso ilend body had been, found a fow days previously on lying on tho Southern Pacific track between this city and Phoeni.v. Whoa found, tho body showed signs of mutilation and tho top of (ho woman's head had been beaten in with a blunt instrument, llrooks wns nrrosted following his confession nnd ho told tho authori ties thut ho had met tho woman whilo ho was walking along tho railroad track after having boon thrown off a freight train by a brakemnn. Ho said that ho had asked her for monoy nnd tlint, upon hor refusing to give him nny, ho hnd hit her on tho bond with a small claw hnminor that ho had picked up onrlior in tho day. Ho doscribed having carried the body of his vjotim some (Uh- Innco from tho placo whero ho had first hit her and Inter, after ho had beon lodgod in jail, identified a hnm inor found in a tool shed near the scene of the crime, us tho one no had used. Little crodenco was placed in his story nt tho timo nnd lntor develop ments convinced tho authorities that llrooks was merely Booking notoriety. Ho was examinod by a anility com mission and sent to tho stato asy lum at Salem. ''Thoy discharged mo from (lieu Friday," ho told a number of pcopin hero boforo ho left Inst night, "and f am sorry for it. I liked tho nlnce. was treated fiuo whilo thoro and wub always sure of getting my meals regularly.' Although telling n story which would hardly bo oxpectcd from the lips of a man in his right mind, Hrnokx nppoarod perfectly rational. Ho nt first said that ho would travel south on tho aftornoon train yester day hut lator nppoarod at tho sta tion and informed Unggago-maslor I'. W. fnrdor that ho would tnko (ho evening train for Grants Pass. Drcxal Quits Air. NEW YORK, Jnn. 28. Improssoil by tho deaths of Hoxsoy and Mols Hant, J. Armstrong Droxol, tho rich I'hlladolphla aviator, todny announc ed that ho hnd docldoit to abandon aviation. Droxol Is horo for tho wed ding of Mlsa Vivian Gould to Lord DooIoh. Todny ho said: "It la not that I am groatly worried Tor myself, but my rnmily hnvo for Bonio tlmo boon urging me to abandon flying as too dangerous. I had ban abio to laugh orr their urglngs until Hoxsoy and Molssant woro kltlod. Thou thoy in sisted, so I am dono with tho air." : AUTHORTES .01 ' K