PAGE FOUR
iMTDDFORD MAIL TRIBUNE, anPPFORP, OREOON, THURSDAY, AUGUST 8, 1011.
Ikr
If EDFORD MAIL TRIBUNE
AN INnrcPKNDKNT NlSWflPAl'Rfl
ruuL.imii: oaii.y uxckpt satuii-
MAY 111 THIS! MIJIH'UIIU
l'UINTINO CO.
Tim nnmnnrntlc TlmpR. Tile Mctlford
Mali, Tho Medforrt Tribune. Tho South'
crn ureffonmn. .xno Amimnu j.uuuno.
Offlco Mall Trlbuno nullJInp, 25-27-iO
North Fir
Homo 78,
tret; phono, Main 3021,
ClKOKCira 1'UTNAM, Editor and Manager
RntcrMl ns nccnnil-clasii matter at Mori
ford, Oregon, under iho net ot March 3,
1S7V.
APPLEGATEIS .
FREE OF PESTS
Chief Inspector Myers Returns From
Inspection Tour of Applcgnte Sec
tion and Reports Everything In
Splendid Condition.
Offlclnl l'ancr of tho City of Mcdford
Official rnper of Jackson County.
SUBSORZFTZOK BATES.
Ono year, by mall "'S2
Ono month, by mall ......... .50
l'er month, delivered by carrier In
Medford, Jackaonvlllo and Ccn-
trat Iolnt -M
Sunday only, by malt, per year.... 2.00
Weekly, per year ................ 1.50
SWORX CXXCU&AXXOK.
sb
December 31. 1910. S7S1
NELSON'S QUIET
SENSEJ HUMOR
Minncsotan's Rescue From Flood
Stalled Car Occasion for Jibes
From President Whom He Is Op
posingJolts ApMnst Taft.
Oregon Offers Most Opportunity, Says Lawsoh
" ' Author ol "Frcnulod Finance" Hives Itoaiilt of IIIn Two Mouths' Investigation of Suite.
Dally averagd for six months ending
mil &atd Wire United rren
Sltpatofcts.
The Mall Trlbuno la on sale at the
Ferry News Stand, San Francisco.
Portland Hotel New Stand. Portland.
Bowman News Co.. Portland. Oro.
"V. O. Whitney. Seattle. Waah.
PEAR SEASON TO
OPEN NEXT WEEK
Bear Creek Orchard Will Ship First
Car This Season August 10 Sea-
. son Two Weeks Later This Year
Than a Year Ago.
The Applegate orchard district is
entirely free of posts or di.seaso of
any kind according to Chief Inspec
tor ilyers, who has just returned
from an inflection trip throughout
that section. Mr. Myers was ac
companied by his assistants.
Tito party went over every orchard
in that district but failed to fim.
anything needing correction.
MRS. NAP0LITANA
HAS BABY DAUGHTER
' The harvesting of the 1911 crop
of pears in tho valley will open next
week, tho Bear Creek orchards
shipping their first car on or about
August 10. The season this year
is Inter, the first car of pears last
season coming from the Bnrrell or
ohnrd mid was shinned August 1.
Following next week the season will
bo on in full blast.
The season at Grants Pass will
open about August 10. Last year the
Pass shipped the first car on July
20. The season there this year is
also late.
CERTIFICATES GIVEN
JACKSON TEACHERS
ROSEBima, Ore., Aug. 3. All
Mrs. Angcllno Napolttano who was
recently reprieved from death after
conviction of the murder of her hus
band, today gave birth to a robust
girl In tho Jail hospital here. The
Children's Aid Society will take
chargo of tho child., In case tho wo
man for whoso pardon thousands
havo memorialized tho Ottawa
government is later set free tho child
will be returned to her.
NEBRASKA AND KANSAS
BENEFITED BY DELUGE
LINCOLN, Neb., Aug. 3. Torren
tial rains throughout northern Kan
sas and southern Nebraska are do
ing immeasurable good to tho com
crojs. Damage to property is re
ported from many places and the
roadbed of railroads has been
washed out in several vicinities.
Successful applicants at teachers'
examination held June 21-24' 1011.
Jacksonville. Papers were corrected
at Salem at a meeting of county
school superintendents:
'.Lou Wright, 5 year certificate;
Myru Roberts, 5 year certificate;
Mac 11. Ncalon, 1 year certificate;
Estclla Phiester, 1 year certificate;
Bornicc B. Carder, 1 year certificate;
lionise Henry, 1 year certificate;
Delia Noff singer, 1 year certificate;
Anna V. Caldwell, 1 year certificate;
Ruth W. Hcnsley, 1 year certificate;
Florence S. Derrick, 1 year certifi
cate; John C. Hart, 1 year certifi
cate; Alma Gould, 1 year certificate;
Rose L. Ncalon, 1 year certificate;
Eva Mae Hall, 1 year certificate;
Mario Foster 1 year certificate;
Bertha Ditsworth, 1 year certificate;
Mildred Wnre, 1 year certificate;
Esther Beery, 1 year certificate;
Lctu l'celor, I year certificate; Ros
abello York, 1 year certificate; Sarah
Van Meter, uritnary certificate;
Maud Philbrook, primary certificate;
ICnto Stine, primary certificate;
Evelyn Merrill, 1 year certificate;
Ruth York, 1 year certificate; Olive
G. Davis, 1 year certificate; Alvie E
Scott, certificate; Eunice L. Smith'
1 yiar certificate; Leila Eaton, 1
year certificate; Clara Elmer, 1 year
certificate.
State Swaps Land.
DOISB, Idaho, Aug. 3. Informa
tion from Washington reaching hero
today Jn effect Bays that tho depart
ment of agrlculturo and tho stato of
Idaho havo arrived at a tentatlvo
agreement by which tho state will re
celvo approximately half a million
acres of land In a compact body in
oxchango for Its scattered holdings
within the national forestB boundar
ies. It Is said tho stato has pledged It
self to maintain tho lands as stato
forosts, should tho oxchango bo rati
fied by tho department.
' SANTA FE, N. M., Aug. 3. The
territory of Now Mexico is a defend
ant in u suit for 50 cents brought
by tho city of Santa Fo as tho re
sult of a dispute over which shall
pay for the permit to erect a garage
on tho grounds of the executive
hmusiou in Santa Fc.
The territory officials say that
tliu feu is a tax and therefore the
territory is exempt and an injunc
tion lias hecu obtained preventing
tho city from mnking collection.
Final heating in Iho mallei' will he
had August 10.
HuskluB for Health.
BIG STICK FOR
HIGHER
OR
People of United States Will Not En
dure Reactionary Methods of Dis
posing of Questions Asserts Roose
veltInterpretations Outgrown.
LYONS, N. Y., Aug. 3. That tho
people of the' United States will not
enduro tho reactionary methods of
the courts with regard to the constitu
tionality of laws In which they are
deeply Interested is tho substance of
Former President Roosevelt's attack
on the United States court ot appeals
decision on tho workman's compen
sation law. Letters written by Roose
velt to Editor Betts ot tho Lyons Re
publican, who had criticised him were
made public today. The former presi
dent says: .
"It is simply nonsenso to suppose
that tho country will permanently tol
erate a lino of action such as the
court followed in declaring tho com
pensation act unconstitutional. Four
federal judges who have written me
regarding the decision agree that the
action of tho United States court of
appeals is utterly reactionary and In
Invitation to revolution. My plea is
that tho courts act with ordinary
statesmanship nnd ordinary regard
for the constitution as a living aid
to growth not as a strait-Jacket.
Tho interpretation of a hundred years
ago must not bo held Immutable."
CAMPAIGN PUBLICITY
BILL SENT TO CONFERENCE
WASHINGTON, D. C, Aug. 3.
Tho houso campaign publicity bill to
day was sent to conference with tho
senate. Senators Gamblo, Dillingham
and JohtiBon will represent tho upper
chamber.
Tho senato today also agreed to a
request from tho houso for a confer
ence on tho wool bill and named Sen
ators Penrose, Cullom, LaFoIlette,
Bailey and Simmons as conferes.
Miss Caldwell "Elated."
VANCOUVER, Wash., Aug. .'!.
"I am elated," said Miss Lillian
Caldwell today when informed that
she was tho first woman to sit as a
judge of an election in the state of
Washington since the passage of the
equal franchise 'law. t
Miss Caldwell officiated as judge
at the city hull in yesterday's spe
cial bond election.
Hitchcock a Witness.
NEW YORK, Aug. 3. Postmaster
General Frank Hitchcock was the
first witness before tho federal com
mission which is Investigating sec
ond class pohtago rates. Ho Insist
ed that magazines should pay higher
rates on their advertising pages than
on their news nnd features, and that
all clasoeB of matter should bo grad
ed and charged for according to tho
co&t of handling,
WASHINGTON. Auir. 3. Senator
Ivnute Nelson, of Minnesota, who is
a solon only incidentally and a far
mer by profession, has it brand of
quiet humor in his make-up that is
unique in officialdom. The Minne
sota Viking was a member of the
parly that recently accompanied
President Taft on his memorable au
tomobile trip to Manassas.
When rescued from Senator Brau
degee's car, whieli-wus stalled in the
middle, of a ford, swollen by the af-
. i
icriioon rams, tenator poison was
taken into President Tnft's car. The
senator, known for ids determined
opposition to reciprocity, must come
along, said the president, as his vote
was needed.
Tho senator came, nnd sat silent
while tho president and members of
his party joked hun about his res
cue, by the administration he was
opposing. Senntor Martin spoke of
John Hays Hammond, special am
bassador to tho coronation ot
George V.., and re-told the story of
how he had nudged the king, to tho
dismay of the English courtiers.
Senator Nelson made no comment,
Just then the car lurched as it went
over tho rough rend, and Senator Nel
son was thrown against President
Taft.
Without a vesligo of a smile, Sen
ator Nelson remarked' dryly: "I sup
pose now they will say of me out
in Minnesota that I have been nudg
ing the president."
is doIblTTo
VICE PRESIDENT
William P. Chambers of Corwith, la.,
Disgusted by Being Mistaken for
Sunny Jim Sherman All Over Na
tional Capital.
WASHINGTON, Aug. 3. "This h
a pretty nice town, but I'm never go
ing to come back until Jim Sherman
ceases to be vice president."
This is tlfe private opinion of
William P. Chambers of Corwith, la.,
publicly expressed after a dny of
necvo racking experiences in the
course of which he wnstaistaken for
"Sunny Jim" by about two out of
three persons who spoke to him.
Chambers arrived in Washington
aftr a motor trip from his home
town and sturtcd in to see the bights.
Leaving his hotel he strolled down
Pennsylvania avenue about noon and
nlmost immediately met a tall indi
vidual in a, frock coat and silk hat
who inquired:
"All, Mr. Vice President' aren't
you n little late for the session to
day?" Mr. Chambers thought it a little
strange that anyone in Washington
should know that he was vice-president
of tho Fanners' and Merchants'
bank at Britt, la., hut he did not pro
test. A little later he wandered up to
the Capitol to see the two senators
from his native state, but, uftcr
spending a strenuous half hour an
swering questions addressed to htm
by persons who mistook him for the
presiding officer of the senate, be
left in disgust.
,WEBB HEARS "YOU
MUST HANG" AGAIN
(By Thomas Laswou, author of
"Fivuried Finance," lu tho Port
laud Journal.)
Oregon Earth's paradise. For a
language juggler to so string words
that his audience will sou things is
tho easiest stunt of tho writing
game. To biograph his pictures so
that they will Co rot tho imagination,
cngravo tho memory and etch the
very soul of his readers' mentality
is another and a rarer feat, ono which
can only be flagged with tho lantern
of fact swung with the fist of truth,
If it wore if it only were a pen
itentiary offense to overstate, what
an easy job you Orogoniniw would
havo turning your (lod-favorcd state
into ono uuvacnut-lotted city; if it
were only in tho power of mortal to
vision to tho indolent cnpital-haruu-cled
hordes of the east and Europe
what 1 havo actually seen and bit
into during the past two mouths, in
side of five years Oregon's mnrvelous
strides would he the wonder of the
world.
I came into Oregon over eight
weeks ago cntun to stay three or
four days. If it were possible I
would stay on and on and longer.
Quite a fat statement for a very busy
man to honestly make. Interpreted,
it reads, "Oregon is the best country
I have over seen." An even fatter
statement, but I mean uvery word
of it.
Qualified to Judge.
It is common belief amongst sur
face thinkers that a stranger is not
as well qualified to sire tho advan
tages of the rJaee ho visits as the
dweller thereof. All wrong. Famil
iarity with tho advantages and the
outs of a locality blurs tin) vision tq
the goods'aud aeulos it to tho bads,
Let mo tell you why 1 say Oregon
is the best place I have ever known,
but before I slur! in I must prelim
iiinrixu a hit -1 havo no self interest
in saying what I do ''m mure or less
an oxpott on tho "umeuinl" of mail
and nature I've hunted 'em, studied
'cm, and high-low-juokod 'em in nil
parts of the world and under all
conditions. Which means I know Iho
"unusual" when I see it.
1 havo seen, as good people as Oro
gouiaus; I Imvo tubbed in as exhil-
laratuig a elunate; I've seen ns won
derful woods, as marvelouH moun
tains, as beautiful valleys, as exqui
site, rivers and shores and beaches s 1
havo seen as rich farms and ranches
and orchards, and as refined cities
and have touched finger tips to as
remarkable money making possibili
ties as those 1 havo eonscieiico 1 say,
unqualifiedly, I believe (hero is no
place in all the world which holds
forth within -10 per cent tho advan
tages (o man, he he young or old, he
ho rich or poor, triple lefiued or in
the raw, as Oregon.
Neatly to l'nivo It.
And more, my belief is as firmly
rooted that there does not exist in
nil the world, n eo tin try which holds
for capital small capital or bloated
capital f0 per cent thu advantage
of Oregon. 1 mean fit) per rent of
theall round advantages. Yes, 1 real
ize the tremondouHiiess of utv state
ment, but I make, It not boimiiMo I
havo to, or heoaiiHo it is to my per
sonal advantage, hut solely, buuiuwo
I deem it my duty to huiiinnily, par
ticularly the sweating , oyjiHlied, de
spairing hoiilos of Iho crowded oast,
to hand my pointer to tho fast mul
tiplying sig nhoards which face to
ward an easily atlainablo paradise,
and more, I stand ready, with pen
or voice, to prove that my belief Is
soundly fouiidnlioiied.
You will note that lit singing the
praises of ytmr wonderful country,
I make no qualifications, absolutely
tioiio. There is not -that I have
been able to find a single out; (ho
grandeur of Switzerland, tho liixuri-
ousuess of Italy, the sturdy indindriul
possibilities of Germany, Iho horti
cultural and agricultural slate of
Franco, tho romance of Ireland, tho
miiKolu rihor breeding advantages of
Scotland, tho maritime, mauufacturo,
and gcneral-maii-woiuau-aud-ohild
conditions of England, and Iho all
round best on earth Yankee dollar
health mid comfort probability which
is native to all Americaall those
I havo found in the most delightful
and faseiuuting cnmhiutioit in your
Utopian stato.
(Had Ho Found I'lnco.
Would to the Lord I had found
them earlier, hut I thank 1 tint that I
have found them in time to point them
to my children and I pray that he
will let mo live long enough to see
with my eyes the fulfillment of the
vision that is as clear to me as yon
der snow capped mountain.
Where to Go
Tonight
mgykae
TONI (1 II T
A GOOD ONUS -4
tin: ntah niwngm: IIANNHU
' Patriotic Drama.
HKIiATKD HIUDKdltOOM
Good Comedy.
THE HMCtlTll
THE Ml'HKKTKKltH
A War Htory.
1 H I V K I O (' K N T H
THE ISIS THEATRE
A IIIG WINNEU
i T II I! A li I A M () T It I 0
.
Monthly Digest Important Land Decisions
Tho Following Important Ijmw Points Him Itoccnlly llrvn Decided by tlio Secretary of the Interior.
Hoimtcndg.
Tho swnmp land grant to the sev
eral states Is a grant In presontl and
aa entry improperly allowed must
yield to tho older i;rant. It Is well
settled law that neither settlement or
filing constltuta separately or Jointly
a, sale or disposal of public land. An
equitable titlo docs not rest In a
claimant until final receipt, or ten
dor of payment, or of final proof,
which should of right bo uccofitcd.
Until such condition exists, public
land is not disposed of.
Intervention by prlvnto parties fil
ing contest after tho expiration of
two years from dato of final certif
icate cannot be llowed under the
decision in the caso ot Chandler vs.
Hayncs et al. 37 L. V. GC3.)
"Where tho cntryman soils his Im
provements and accompanies such
salo by a relinquishment of tho home
stead entry, ho Is barred from mak
ing another entry, nnd tho act of
February 3, 1911, (3C tSat. 890),
providing for allowance of second
homestead entries, will not apply to
glvo relief.
Prior to final proof and upon tho
death of the cntryman patent will
l88uo in tho name of tho heirs, and
not in nnmo of a dlvisco named In a
will mado by tho cntryman. Citing
Knight vs. heirs of Knight (39 L. D.
363), it is tho well nettled rule of
tho department that rcsldenco is es
tablished from tho moment tho set
tler goes upon tho land with tho In
tention, In good faith, of mnking It
his homo to tho cxclimlon of ono
clsowhere, provided such intention Is
followed by actual Inhabitancy of tho
laud in good faith. Good faith is tho
essential foundation of all claltiu un
der tho homestead law. Citing till
bert Strang (37 L. D. CS3.)
Ixolnted TmctH.
Thu department regulations gov
erning sales ot Isolated tracts con
template that tho sale hu actually
opened nnd held for tho term of ono
hour, to ennblo competitive bidders
to mako bids. More offering of the
land and then tho dlsmlMsal of tho
bidders to assemble shortly thereaft
er as an adjournment of the anlo. An
offer of a check by the purchiiHcr
docs not compuy with tlio regula
tions requiring ensh. However, a rea
sonable time should bo given to al
low purchnsor to. cash check and ten
der tho money.
It a bidder, through n misunder
standing, bids upon ono tract when
ho Intended to bid upon another, ho
should bo allowed to rorrccl his bid
to cover tho tract ho Intended to bid
for, nnd tho other tract should bo
reofforcd," thu object lu view being
to obtain tho best prlco possible for
each tract offered.
Timlx'r and Stone.
Tho government may appraise tho
land any tlmo he f oro tho applicant
has mado deposit for tho minimum
prlco for tho same. Section 19 of tho
regulations of November 30, 190K,
amended accordingly.
Furthermore, a protest or advorso
report may bo lodged uaglnst an ap
plication or entry at any tlmo with
in two years from tho issuance of the
final receipt.
Mining.
Work performed under and for
the benefit of ono location cannot bo
utilized as a patent expenditure for
thu benefit of n maximum location
lu which is Included tho old area, to
gether with the tract of now ground,
This would ovade the stututo requir
ing expenditure of jr.uu In labor or
Improvements for tho benefit of tho
location for which patent Is sotiKht.
Distinguishing tho rule In Clark vs.
Taylor (20 U I). If.5).
Ah a general rule final coitlflrnto
and patent for a milling claim should
Issue to the tippllrnnt lu whoso nnmo
tho patent proceedings wore Inllluti'd
nnd prosecuted; mid lu tho event of
his death, certificate and patent
should nevertheless Issue lu his uniun
and not to his heirs. The formal ruin
In Trip vs. Dnnpby (2S L. D. 11) ro
versed. Under provisions of act of con
gress, March 2, 1911. (3i Stat.
1015), patent will not hu denied be
cause ot any transfer or assignment
of Intercut of thu original locator to
any qualified person or corporation
prior to dlscovory of all or gaa there.
In. '
Depslts of grnvol and sand suitable
for concreto construction, but other
wise having no special value, except
that derived from proximity to a
town, do not render tho laud in
which they nro found mineral In
character within Iho meaning of tho
mining laws, or bar entry under the
liomcHtoad laws, notwithstanding thu
land may bo auoro valuable on ac
count of Hiicb deposlta (linn for ag
ricultural purposes. '
PORTLAND, Or., Aug. 3.
Though Jcsho P. Webb, tho trunk
murderer,' for the second time has
beard the sentence of death passed
on him, it is generally believed here
toduy that an appeal will he taken to
the supremo court again and that
William Johnson's slayer will not
hung September 5.
Before Judge Morrow sentenced
him, Webb made u strong plea for
life, contending ho killed in soli' defense.
Big Strike "Near.
DBS MOINES, la., Aug. 3. Wltb
100 employes of tho street car com
pany preparing to Btriko tomorrpw
and tho company threatening a lock
out, serious trouble is feared here.
Tho Intorurban company, whoso Jlnea
are affected by tho threatened strlko,
has spnt to Chicago for 300 strike
breakers.
A mam meotlng of cltlzons will bo
hold tonight to advise tho mayor
how best to handlo tho situation.
Hasklns for Health,
NOTICK TO imiDOK CONTItAC
TOH8.
Scaled proposals will bo recolvcd
by tho county court of Jackson county
at his offlco in tlio court houso at
Jacksonville, Oregon, to bo opened
August 28, 1911, at 10 a. in. for tho
construction of a concreto brldgo
across Hear Creek In tho city of Med-
ford, Jackson county, Oregon. Pinna
and specifications nro on fllo In tho
offlco of tho county court ulso lu tho
offlco of V. W. Harmon county road
master in the court houso at Jack
sonville. All bids must bo accompan
ied by a certified deck for 10 per
cent of the bid. Tho court rosorvca
tho right to reject any or all bids.
Signed.
J. It. NBHi,
County Judgo,
NOTICK TO JAIL CONTIIACTOHS.
Sealed proposals will bo received
by tho county court of Jackson county
at his office in tho county court houso
at Jacksonville to bo opened August
28, 1911, ut 10 o'clock for tho con
struction of tho cell work In tho now
county Jail at Jacksonville, Jackson
county, Oregon. Plans and specifi
cations aro on fflo in the offlco of tho
county court, also In W. W. Harmons
offlco In tho court houso In Jackson
ville, Oregon, A certified chock of
10 lior cent of tho amount of tho bid
must accompany saino. Tho court
reserves tho right to reject any or nil
UIiIh. Signed
J. It. NHIL,
County Judge,
NOTICK.
There will be a meotlng Held on
Monday ovenlng, ( August 7, ut 8
o'clock In tho office of J. W. Drosslor
In tho Mall Trlbuno building to de
cide whether or not tho IiiibIuchh men
will support a fair this fall,
A. W. WARE,
Chairman.
Look for tho "help wanted"
that seems like n "proHPcc"
answer it nromntlv.
ad
nnd
Kief er and
Home Grown
Stock
teMMaWWMMMIIIHHnMnMMMnHIN
MedfordNursery
Company
North Central
Pacific Phone 2022
Our 30 Cent
Coffee
In (lit) kind you Imvo been
looking for nil (Ills time. It
makes a meal worth having
mill cuds (bo coffee argument.
White
Carnation
Flour
In Mio aristocrat of (do flour
family and In m genuine Imr.
gain at .
$1.65
Carnation Milk
10c
Olmstead & Hibbard
West Hide Grocers,
Hluglnc
Dancing Talking
(Irentcst of all attraetlnnti that
has over appeared at tlio IHIH In
tho abovo billed trio Hluitern,
dnurcrs and coiuedbtiiH who havo
won fame on both sides of tlio
world from their womlurrul make
up which bus deceived the public
for thu past ten years - to tho uinn
who mado that great song fam
ous ,,CiiMy Jones" ho will by
iqicrlal request slug It for threo
ulghts Don't inbtH Mvlug tbl"
Moudt'rful net.
Miss Catherine Mears
Teacher of I'luuoforto
For tho past (on years leachur
lu thu suburbs of lloslou. A
pupil of Mrs. Frances A. M.
lllnl uud Mr, Arthur Footo ot
lloston, Massachusetts. Ileal
detiro 500 South King Street,
Medfurd, Oregon.
PLUMBING
HTKA.M AND HOT WATKlt
IIICATINO
All Work Guaranteed
Prices Iteaaonnbto
'M Howard lllork, Kiifroaro
on (Itli Street. '
Coffeen & Price
Pacific IIIKI1
Homo BIB
AFTER ALL IT
NARROWS
DOWN
TO
i l
The Merrivold Shop
von
Stationery
184 W. Mala St., Mcdford.
Books and
Magazines
to take on your
outing
500 Titles in Popu-
lar Reprint to
Select From
Medford
Book Store
Rock Spring
Goal
OK HAND ATXi THJI XIUM,
Offlco and Coal Yard, Twelfth and
Front Streets.
Phono 7101. .
Burbidge
XHB OOAfc MAX,
. fc
r
'fu
'J.
icv
1,'iS
h V
tA'
i
11.1
fli
.
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