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