MEDFORD MATT J TRTBUNK MRDFOTiD, OTJIKiON. WKDN ESDAY, KEPTKMRER fi, IMG
PACK TTTRETC 1
4
CMICACJO, Sept. 0. Mrs. Tva
Hih-iick ponl'i'ssod today, tli police
Kiiid, that kIiu shot lii'r liiishauil, Jas.
. Harm's, to death whilu they were
strolling in Vashinj;ton park lust
night. The womnn, who had been
estranged from her husband, told the
police that he had ' attempted ' to
strangle her and that she tired the
shots to save her own life. Three
bullets entered his head. Until niak
int;' the alleged confession, Mrs.
Harnes had stoutly maintained that
her husband had ended his own life.
Hnrnes met his wife by appointment
in her apartment last night to try to
adjust their differences out of court,
lie had filed suit for divorce, which
was to have been heard today. It
was warm in the apartment, Mrs.
Harnes said, and she suggested that
they go for a walk.
"My husband begun cursing mid
choking me, and I drew the revolver
from my purse and shot him," Mrs.
Harnes told the police. "I was afraid
he would kill me."
The slain man left his wife Inst
July.,
I
E
NEW YOHK, Sept. fi. Prospccl.-
of settling the differences between
the employes of the subway and ele
vnted roads' and the Intel-borough
Hiipid Transit company looked a lit
tie more favorable today, although
neither side has receded from its un
compromising position. The labor
leaders have decided to pass the re
sponsibililv for calling n striko to a
mass meeting of union employes to.
night. There still is hope, however
that even if the meeting voles to
strike, no action will he taken until
Mayor Mitehel and the public ser
vice commission have an opportunity
to see what can be done through me
dint ion.
The. union employes of the New
York Railways company, which op
crates the surface traction lines, met
this morning and discussed what no
tion would be taken if a strike were
called on the subway and elevated
lines.
The taking of the vote will deter
mine whether the Interborougb cm
ployes desire a strike and was begun
during the forenoon. The result will
be announced at the meeting tonight
LA FAYETTE DAY
NEW YOHK. Kept. 6 The tri
color of France floats from many
buildings in New York City todaj;
while thousands of citizens are wear'
ing buttons bearing the French na
tional emblem ill celebration of Ln
Fayette day, commemorating the
l")!lth anniversary of the birtlvof the
distinguished Frenchman. Today
also is the second anniversary of the
battle of the. Marne.
The formal exercises honoring La
Fayette's memory began at i) o'clock
this afternoon at the city hall.
UPHELD BY COKE
XKV YOHK, Sept. . Three thou
sand grocery clerks went, on strike
in this city, Jersey City, Newark and
outlying towns today. Leaders of the
Uctail Clerks' International Protec
tive association claim there will be
(ilKIO clerks out within the next twenty-four
hours.
The strikers demand shorter hours,
a minimum salary of .fl." per week
and 1 per cent of the stores' receipts.
Judge John S. Coke, who presided
at the August term of court in Curry
county, handed down a decision in
the noted Hogue river suit which in
volved li. A. Seahorg and seventy-
nine other defendants, fishermen, em
ployed at the Senborg cannery, mak
ing permanent the temporary injunc
tion granted by Judge Calkins a year
ogo. The suit was started last year
and some of the defendants were
brought to Coos county for n hearing,
hut the trial was nftorward held be
fore Judge Calkins at Gold Hench.
Judge Coke having dismissed at Co-
quille the case against the majority
of the defendants.
The purpose of the suit was dou
ble to enjoin the defendants from
trespassing upon the tidclnnds of the
plaintiff, tho Macleny Estate com
pany, and to enjoin the defendants
from malicious interference with the
plaintiff in its fishing operations.
The decision in part rends as follows:
Rights to Fish Comon.
"The right to fish for salmon in
Hogue river is a right m common,
given to nil citizens of the state, but
such fishing operations must of
course be curried on and conducted
with due regard by one fisherman of
the rights of others. While the right
of navigation nnd right of fishery
within Hogue river uro rights common
Uo all, neilher the right of navigation
nor the right of tishery carries with
it the right to trespass upon the lands
of the plaint if l or any other owner
of lands along the river. . Nor does
the right of navigation or of fishery
carry with it the right of malicious
interference by one person with the
rights of another.
"The right of navigation is superior
to the right of fishery, nnd the rule
is the same with reference to naviga
tion ns it is with tho right of fishery,
so far as each navigator or person
being required to respect the rights
of the other. No person is permitted
to maliciously interfere or annoy an
other in the right of navigation. The
rights of the plaintiff nnd "those of
the defendants arc identical,
i Fislilng Ijiw Defined.
"The law permits the taking of fish
from Hogue river below the Illinois
river by menus of sot nets and drift,
nets, within certain periods, nnd nlso
permits the taking of salmon from
said river by means of seines during a
more limited period, so that the right
to fish with seine is recognized by
law-and this means of carrying on
the fishing business within the limits
prescribed is ns lawful ns any other
means of taking salmon from the
river. The- difficulty in this case
arises lnrgely from the fact that the
plaintiff is the owner of the seining
grounds for a considerable distance
up the river from its mouth.
"It must be borne in mind, how
ever, that the plaintiff has lawfully
acquired these grounds at a cost of
many thousands of dollars, and that
it is nssessed nnd pnys n tax upon
these seining grounds to the county.
and yet the only value these lands
have is. confined to their uses a
seining grounds. They nre appar
ently, worthless and valueless for any
other purpose.
Conspiracy Existed.
"From a consideration of all the
evidence and circumstances there can
be no doubt in the mind of any im
partial person that defendants did
design nnd net together for the pur
pose of hindering and interfering
with phi itit iff in the operations of its
seines. From the testimony it ap
pears that defendant Seaborg had
repeatedly stated that, he intended t
L 'bust up his seines.' A meeting was
L held at defendant .Scaborg's cannery
about July 1, 1!)1, following prior
arrangements made by defendant
Scaborg's foreman, to employ per
sons to 'muddy' the river during the
seining season, und at this meeting
it appears that plans were discussed
and formulated to interfere with nnd
injure plaintiff. ('. S. Woodruff, one
of defendant Scaborg's employes at
that time, testified that the purpose
of 'muddying' the river was so that
seining could not be'enrried on. And
further testified that 'it was talked
that the tide lands was a public high
wn y.'
rrom the testimony it appears
that defendant Scaborg had employed
an attorney to defend the fishermen
in ease of any litigation. It also ap
pears that a number of defendants,
evidently acting together and by pre
nrrungement, appeared at different
times und at the places where the
seining operations vitro being carried
on during daylight, und while the
waters of the river were clear, and
when gill net operations were not
customary or usual, and placed their
boats and nets in such position as to
interfere with and in some instances
render seining impossible.
Numerous Offenses Clinrged.
"Defendant refrained from begin
ning their operations until plaintiff
undertook to lay out its seines, and
the defendants usually ceased opera
tions ns soon ns tile seines were hunt
ed. The nets of the plaintiff were
burned with acid; a fence inclosing
the tidclnnds of the plaintiff was torn
down nnd burned; numerous tres
passes were committed upon the in
closed lauds of the plaintiff."
Heferring to the tidclnnds, the de
cision says thut the "tidclnnds are in
no sense n public highway und nre
subject only to the rieht of navigation
and the right of fishery; but those
rights do not extend to the landing
of boats and the trespassing of per
sons uon the iands above the wat
ers of the river. Such trespassers
would become liable criminally nnd
civilly in such acts."
ftilkJns Sustained.
Going further into the matter,
Judge Coke said : "1 am supported by
Judge F. M. Calkins' opinion, after
henring the evidence in two contempt
proceedings, involving two of tho de
fendants, that, the operations of the
defendants were in an effort to ma
liciously interfere and not honestly
to conduct and carry on legitimate
fishing for salmon."
In conclusion, the decision advises
thut all unluwful nets ought to cease
and should be condemned by the fish
ermen and ciinnerymen themselves,
nnd all other citizens of the county
should insist for the peace and wel
fare of the county that the fishing in
dustry be curried on lawfully, and
ibut violations should be promptly
punished, regardless of who the vio
lators nre. '
CHORAL SOCIETY
ENDORSE POLICY
OF PROTECTION
Tho assembly of the Llioial Society 111 KM INGHAM, England, Sept. 6
ill bt. Mark's mill last nignt at the Tho trades union congress, represent-
coniencomont of the choral seabon hK nearly 2.500,000 organized work
was marKeu uy a large attendance or orB (,t Groat Britain, took an import-
old nnd new talent and was almost ns llt lin(1 u0xpocted step today by
bright an occasion as the concert
given in the Pago Theatre recently.
fl'lie period of rehearsal promises
to be shorter and the next perform
ance earlier than was the case In the
first appearance of this society in
public concert, from tho fact that the
singers have had one season of spi, n-
dld Instruction in rending, cnsemblo
and expression, and are now able to
tako hold of tho most difficult har
mony, with niuch less effort and to
master the music selected In a much
shorter time. Every niembor values
to the fullest extent tho opportunity
which this work affords for musical
development.
If the first concert was a success
and a surprise, there Is no doubt that
the next concert will be much more
so. Tho period of first experiment
with its attendant difficulties to all
concerned, is fairly and safoly over
and Modford may now reckon itself
as having one of tho best societies of
the kind in tho west with a splendid
future botoro It.
DANISH STEAMER SUNK,
but crew is Landed
LONDON', Sept.'" C Tho Danish
steamship Jeanne of 1,128 tons gross
has been sunk, according to a dis
patch from Weymouth to Lloyd's
shipping ngoncy. Tho captain and
crew of the vessol have been landed.
Potatoes. '
You can get 13 pounds of potatoes
for 25 cents at Fonts Grocery Com
pany, because they sell for cash. 143
adopting, with a majority of more
than 1,000,000 votes, a resolution
virtually endorsing tho principlo of
protection.
The resolution asks for "the adop
tion of methods for restricting or pre
venting tho importation of cheap
manufactured goods produced at
lower rates of wages and under worse
labor conditions than prevailing In
this country."
Although these words themselves
accopt tho principlo of a protective
tariff wall, tho protectionists among
the labor delegates and in other clr
clos are not Inclined to regard tho
workmen as having been won ovor to
a complete change for freo trude.
AVAS111NGTON, Sept. 0. -During
the ndimuislrntiuus of Presidents
Hoosevelt, Tuft and Wilson, 7b'l ex
ecutive orders were issued giving
government positions to individuuls
and more than .10(1,000 appointments
were made from the clnssified service
lists in competitive exumiuation.
This is shown in a report of the
civil service commission on file in
the Semite today. It was transmitted
by President Wilson in responso to
a resolution by Senator Penrose. A
confidential communication accom
panying the report is. being held for
examination in executive session.
10 FEDERAL BENCH
S. Wrtz, t -nit tu Shit m nttnrhpy for
nortlwrti Ohio iii Cleveland, hjiH btwti
selected by Pri'sidrtit Wilson for np
pnintimMit as United States district
jtidjre of that district to Mieeet'd
Judjre John if. Clarke, reeentlv made
an associate, justice of the supreme
court. The nomination probably will
jio to the senate before the ndjnurn
merit of the present csjon.
Clears A way Pimples
Thora is one remedy that rpMori fnilR
to elpnr away all pirnplPH, black hpml
nnd skin erupt ions ami that makes tti
nkin soft, clonr and hn thv.
Any dniKgist can aupply you with ZPmn,
winm generally overcomes nil twin him-
pane. Acne, exntema, itch, pimple,
rasheB, black henda in moat raaea ive
way to Zfmo. rreqaently. minor blfm
Ifthea disappear overnight. Itching mm-
any stop mutant ly. zmo w Rate, clean,
eaKV to line and denendahle. It costs onlv
2.V ; an extra large bottle, $1.00. It f
will not atain, la not greasy or sticky and I
if positively safe for tender, eeuaitive I
kilw Zeuio, Cleveland. 1
ail iniJlMm
in.ii.
"My dealer was right
A they co
satisfy i
I
Ch e s,
There' more to a cigarette than merely
pleasing your taste." Other cigarettes, be
sides Chesterfields, can do that.
But Chesterfields do more they begin
where the others stop!
Because Chesterfields satisfy! they give,
you the true meaning of smoking!
Yet they re MILD!
This new combination ("satisfy? yet mild)
can be had only in Chesterfields because no
cigarette maker can copy the Chesterfield
blend r
Try Chesterfields today!
terfield.
ft The Chesterfield Blend
contain I hit rimI famous Turk Uh
tobsccot SAMSOUN for rtchitt
CA VALLA for aroma i SMYRNA
for iwaetnenii XANTH1 for fra
ranc, combined with the beat
oomMl't Uai.
20 for 10c
C I GAKJBTTB5
and ytt they're MILD.
C
is more than Shoe Polish
It is composed of wax and oils so combined as
to give a brilliant, lasting shine and to soften and
preserve the leather.
The ShinoiA Home Set
The handiest, most efficient shoe shining set you
can vuy m any puto.
Sold at a nominal cost to
ShinoiA users.
FOR HOME, GRIP OR
AUTOMOBILE
BLACK TAN WHITE
At all Dealers Take no substitute MffJ THE home SET
Quality First
i.
A LITTLE MORE QUALITY
ALWAYS PAYS.
A friend of mine bought a lawn mower. ,
I forget what he paid, but it was the
cheapest he could find.
He cut his lawn twice, then took the
lawn mower to the repair shop. v '
Every time he finished mowing the grass
the cheap machine had to go back to the
repair shop to be sharpened or tuned.
"That's the most expensive lawn mower
I ever owned" he told me one day.
He had learned the lesson I've been
trying to teach people about motor cars.
And that lesson is the cheapest car is
often the most expensive. It nays enor
mously to pay a little more.
By paying $1090 for a Chalmers, for.
example, you get a five-yeur, car. A car
that will do everything you expect of it
for at least five years. , n
, And at the cud of that time it will be
in fair condition.
The motor it's the famous 3400 r.p.m.
It will never worry you. Never cause you
to lose your temper.
For it has been tested in the hands of
30,000 ovi.i':ra and found 99.21 percent
perfect.
Caution: Don't take the cheap-lawn,
mower altitude buying motor CV3.
A. W. Walker Auto Co.
MEDFORD, OREGON
Medford Cement Brick & Block Works
OPPOSITE WOODS M.UIJKIt CO. VARUS.
H. A. JANSEN, Proprietor
iriteiwi iffljrTfflTi I ii i innfimiimi iii ' -
SPKCIAIrilCS Oi-nmm'iitnl llrlck for l'iiviliu.s in DUforcnt Colors;
C.runito FiuxmI Itfickj Prim mid Poix'li PurniMiliiKM.
IlKADOIJAItTKItS FOR CKMIiXT HitOS, WATKR TAXUS, IlKSKU
VOlltS, P.;XCK POSTS, CIOII'WTKRV 1 I HMSMI XOS, GRAVK MARK.
KltH AXI) SIXUI-K (JRAVP, MAI.SOI.Kr.MS.
The nbove Rkeich Ib one of 'ho many different kinds of Cement,
P.i lik 'a' Building mocks that this factory con 'iioduco Give It a roost
nnd wnt'h It crow other faelO''!od will follow ami a payroll will be
crtnblUhetl for n greater illy of Medford.