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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Jan. 12, 1917)
FORECAST Tonight mid Tomorrow FA lit. Fortv-alxth Year. Pldlv Kh-VMlth Year. BLUE LEDGE Judge Hamilton at Roseburg Over ly1 rules Demurrer to Injunction Re straining City, Southern Oregon Traction Company and S. S- Bullls 4, From Entering Into Contract for Sale of $300,000 Bonds to Build Blue Ledge Railroad. In a decision rendered Tuesday at . rtoseburg, Circuit Judge J. H. Hamil ton lias overruled the demurrer filed by the city and other defendants in the Injunction proceedings filed by Charles H. Colby and other taxpayers of Medford against the city council, the Southern Oregon Traction com pany and S. S. Ilullls, to prevent the city from entering Into the promised contract for the sale of $i!00,000 of Itlue Ledge railroad bonds. Tho decision sustains and perpetu ates the injunction, Is sweeping In ils scope, rendering It practically useless for the city to undertake to proceed further in the matter as the court holds that the contract entered into between the city and the South ' ern Oregon Traction company is not the contract authorized by the voters, but one entirely different, and not binding the company to build any stated amount of roadr or in any manner following out the intention of the voters. Conspiracy Clinrftes. The court also holds that the as sumption of the J57.000 mortgage upon tho Rogue River Valley rail road by the city Was not authorized 'by tho charter amendment. Suffic ient evidence of conspiracy and fraud Is declared existing to invalidate pro ceedings through the agreement de clared In the complaint existing be tween tho city and Mr. Bullis, where by the transaction is merely a loan of credit by the city to the traction company. Tho demurrer was argued before Judge Hamilton at Roseburg by At torney F. J. Newman, on behalf of plaintiff, the city being represented on the demurrer by City Attorney McCahe, Judge Crewes, C. M. Thomas and Ous Newbury also appearing on the demurrer. IK'cision As Itendered. The decision In full is as follows: In the Circuit court of the State of Oregon, for Jackson county. Chas. D. Colby, plaintiff, vs. City of Medford et al., defendants. Opinion. The plaintiff alleges that at all of the times stated in his complaint he was a voter, taxpayer and citizen of the City of Medford and It ap pears from his statements that there has been submitted to the voters o! said city tbe question of amending the charter of Medford so as to en able the city council tor and In behalf of said city to build, equip, acquire, lease, own and operate railways Running from a point within the City of Medford to other towns, cities and points without the' boundaries of cald city and to create a railway construction, maintenance and re demption fund; and to authorize a mlllage tax to provide the same; to authorize the" Issuance of general ob ligation bonds not to exceed JSUfl. "00 In aditlon to the warrants and honds authorized In section 72 and "2a of said charter. Situation Reviewed. The ballot title of such proposed nmendment reads as follows: "An Act to Anir.d the Charter of the City of Medford by adding thereto section IS!), authorizing and empowering the council to borrow $300,000 to build, equip and operate railways within or without the city, and to that end (Continued on Page Six.) PARIS, .Jan. 12. The Zeppelin alarm which was Bounded here last nlulit, was, ai it turned out, due not to Zeppelins !iut to airships. As soon ns the warnin? was received the city was plunged Into darkness and the street ears slopped. There was lit tle excitement. ROAD BONDS 111 f.MEDFORD -. r- UMMUHUPt OF EARLY PEACE Officials View Situation With In creasing Soberness Entente State Terms, Refuse Conference, While Central Powers Refuse Terms, Consent to Conference. WASHINGTON, Jan. I 2 Presi dent Wilson today began a careful examination of Hie entente's reply to his peace note, to detennine v.lir.t opportunity it presents for a I'tiithcr move on his part and la what way one may be accomplished. The en tente note was discussed nt the res ular meeting of the cabinet and pri vately between tho president :ind Sec retary Lansing. All quarters agreed that wiiil! the entente had made a conipio'e rc.ily to the president's requeU for a state ment of terms, the note seemed to offer no hope for nn early end of the war but, fortunately, still did not close the door on further efforts o!i the president's part. Possible Answers. Several sources of action lie before the president. Among them is an other move to ask Germany to state specific terms, as the allies have done. Diplomats say that with re plies from both sets of belligerents in hand it would be legitimate to communicate tbe answeiof one set to the other. Tile licrnuiu diplomats here were outspoken in their denunciation of the allied nolo and their declarations I hat such terms never would bo ac cepted. Admittedly the note was more se vere, than even they had been led to expect and they declared the Ger manic allies were, prepared to fight on. Vtmost llcliherulion. Tbe next steps by the I'nited States will be chosen by the utmost delib eration and because of the delicate stage which the negotiations are cer tain to enter from this time It would lno surprise if they were conduct ed entirely in secret, without publi cation of the exchanges until some definite point has been reached. President Wilson discussed both the entente and German notes with Colonel K. M. House, who arrived here last night. Colonel House had engagements with a number of gov ernment officials and planned to re turn to New York late today. It was stated officially that wheth er the entente reply will be forward ed to the central powers and the lat ter's reply forwarded to the entente had not been derided pending a care ful examination of the w'hole situa tion. Situnllnli Clarified. Ilrieliy, officials feel that tbe al lies have staled terms while refus ing a conference, whereas tbe Ger mans have suggested a conference without stating their terms. Now--theless, It is felt that tbe Intern:, I.Win al situation has been decidedly -l:.r-lfied. Official; o' viously view the future with increasing soberness. President Wilson's original statement In ta note that neutrality was becoming Intolerable and Secretary I.ariiK's statement the fnited Slates was be ing drawn to the verse of war were recalled in view of 'he probabilit" that host'ittics are likely to coiiiinue. .mb:i-..ror Hernstorff's r.dierat ,,1 assui: . that Germany !! T.t violate vt : '" -marine pledges to Ibis country Is held not incompatlW wi'h activities that i li! not be tom ated bvtlils country b'lt might be eor.dmi ed on the basi ' that there If such a divergence of view as to tbe inter national law invo -e l. COLDEST WEATHER AT XKW VOWK. -Ian. 1'-'. --Sew Yurk laceil il- e.ihle-t day i.f the winter Imlny. iie'iiidini: t weather bureau reei.rd-. At ") a. m. the temperature stood lit 7 decrees above zero, mid eobl weather wn M-nlieted tor ! nid.t. A niiv. -toiin and unu-aallv e..l.! wealliernt -c a were refilled liy .a---i'!;er and tramp -teanier- wliieh ar rived today. Tin' veeU H'aebed pott coated with ice. MKDKOHD; FIRST PICTURE OF DEPORTATION OF BELGIANS 'tVi'KsS i tTi, i,sV rszu it. This iM'l!U'( c'luivo to the M;il TrihiiiU'. is v tirsl in roach lln wcrp, Hi'liitin, pri'iuuatoiy to (Icpni'tntiini into (iennany, when thev arc sliov:i iinilcr (ieiinan htilitary yuaid. It i ,thi ilcportalion aizainst wliicli PKTItOdllAI). Jan. 12. In the! OUuz valley on the Northern Unman-1 inn front, tiic Kusians have boon ; l)rosKed hack farther hy tho Teutonic, forces, the wnr ofi'h'o nnnouncos. In 1 the region near the Kasino river the , Unmanlans took tho offensive and j drove, hack their opponents more nan one mile. ' j IltOltl.lX, .Ian. 12. The Ituman ian town of Luhurtca was capture;! yesterday hy the invadins Teutonic troops, the war office announces. The ltusslans were driven hack toward tho Seretli between Mraila and tial ntz. There1 appears from today's Her man headquarters statement to have been a renewal of heavy fighting on : the Somnie front north of the Ancre. ' Two attacks by the Hritirdi are re- j ported, neither of which resulted in j a net iialn for them, although near! Ilaucourt initial successes were won. On tbe northern end of the Itus- sian front, the battle is increasing in j intensity and scope. The Russians ' have been attacking both alon the j Dvina and in the Ittea recion and south of Dvinsk. IlKlil.l.V, .Ian. 12. llcnvy rif.lit inc, wlifch increasod in violence yos iprdav. is in nrotiross on the northern end of the llimsliiii front, both along ! the Dvina and south of Dvinsk. The HusKians attaclied alons the Vilna Dvinsk railroad, but were repulsed with heavy looses, army tieadfpiartera annonneed today. I'.KIi'I.IN". .Ian. !'!. It i- announced that the Truman bud-jet for 1D17 to be presented to parliament will pro idc lor a eon-idcrable in-rea-e in rci-cipts. say- an Overseas News a.-j onev statement today. j t ,i ,.;,,i ,.- ii. r-.it. , , , ,t , I way service, it is pointed out that! railroad I rat fie iM-ncrully i- eejtial 1o that of peace times and fici'.dit traf fic even better than normal, the in come from the-o -otirce- of revenue bciny -iillicicnt. it i- said, to meet credit .demands ami leave a balance for loans. SECRETARY OF STATE WASHINGTON. Jan. 12. William I'hillfps of Massachusetts, third as - siftaiit secretary of state, was iiomi- nated by President Wilson as assist - ant secretary of Mate to succeed John K. Osborne, who recently resigned. Breckinridge hong, a St. honls lawyer, was nominated as third assis tant secretaiy of Mate. YORK PHILLIPS ASSISTANT I aAIL TR OlMKiOX. l'MMDAY, .lANl'AKV 12. 1917 . '.crwuAu. 'Mil:- T I'.KIil.lN, Jan. l.-A l'.ritih eruieii nl' Ihc Juno tie. ."ilitMI-ttm vc.-td, has been destroyed hy Turkt-h .nn fire, it aniioiiuccd in the Turl; ish hcathiunrtcrs ttepoil ((f .Ian. 11. IIKIM.IN'. .Jiiu. The loss nl (idO lives hy llie desl njcl inn of an Italian battleship is reported by tlie Auzeiier of I'asel, Su ilzcrlnnd, according to Ihc Uver.M-as Xcwm agency. "The Anzci.uci' of Itasel reports Iroui Uottic the destruction of the Itulian battle-hip K'eina Mat-:lnrita," says the news agency. ''It i-. con t'irmcd that she ua- nnk off Avloiia. Albania, by a mine .or a torpedo. Six hundred out of Kit) sailor- perished." F! LOAN A SUCCESS VIKN'NA. -Ian. Inromplclc r- turn- from (he firth Austrian wai loan show -1,-1 1-J.4HMI.IHKI crowns -ub-seribcil with appnfxiinalely .'tHi.Odd, tuni already siib-ciibcd, but still out standing. The loan is lints the laru-e-l yet rai-cd in AiMrin. Tbe lir-t levy was L'.J 1 7.0lK).ii00 croons, the second J,(iSH.:'J(),(MiO, ihc third I.JtiJ.tWlb.dliu, the fourth 4.-"J0,-:;ilO,(MHI. The new loan makes the to tal raised lor war by Austria about 1H.-Ill0.tnil) erown-. The Hungarian returns arc si jn- i ipfetc. but show about half ofl what Au-fria ha- iai--i d. This smn, j the Austrian and Hungarian loans,; make- ihc -uin rai-cd by Ihc dual i monarchy for wju purpn-es o' JH,-j Hllll.ltlMl.lltHI i-rouu-. WASHINGTON. .I,,,,. 1J. l,esi- i n dent Wd-oii todav recognized I he braciv of two liarbuda citizen ulien 111- -nil in fjii'll il ti piiiiiii "Mills suitably in-cribed, as a reu a rt for l4. rr rc-etie of tin- erew of the wreck ed American sr-h'iulcr KaiilteSd. The men, Henry Hani-- and Frederick .lelfivy. look from Ihc Fairfield Cap tain M. i. I tow and hi- crew of seven when the e--cl went on the lock- off the -luiid oT liarhmhi; Wc-I Indies, Novcniher 17, l!il"i. The two men -warn lo the wrei'k with n line alter every loat on the i-land had linen up the attempt to re-cue the crew. ' ARNOLD DALY TO RECOVER ! FROM RECENT OPERATION j j NKW Yui.'l, Jan, 1 -Arnold I tidy ha- -o imp) '. announced )d; . 1 1 are complicat i"p- t la d. In- ph;. -iciai at tilde-- then pat lent v ill re opci a led on rc- Mr. Oil cntiv. :v- - i, coiiiitry, shitwiiiu Itclians Ikmiju atlif'tvil in the piihlic -,ti;irc at Ani ent tti work in (Ii-nnaii licli!.- anil I'Mc-turics. Tiic llclians, at Icli, aro a stoini nt' pintot lias arisen. FROM IN II WEEKS' 1'1I!LAI)KI.1IIIA, Jan. V.- Harry K. Thaw-, wlio slashed bis throal with a razor and cut an art civ in his wrist in an attempt to ciemnit suicide here yesterday, will he able to leave the hospital within two weeks, uulc-s lie also swallowed poison tabids, av cordiim U .,sliitemeuls ol liis ph si-, cian curly' today. Seeial poison tablets which piodm-c a slow deallt were found in his pockets, and if he took any of I hem il may be twenty four hour.- before the symptoms man ifest themselves, ihc doctors -ay. U'clalivcs arc on smird at Thau'-bed.-idc and a warrant lor hi- nrrc-l is ready to he served the moment he U considered out of danger. A--i-t-ant District Attorney lUack of New York was expected hen1 today to make a rranyenieiit s to hac him taken to New York as soon as pos sible. I'aiicnt l inler (iuanl. Thaw's allcmpt at scl f-de-l ruction wa- the (dimax to a search for him which beau hen' on Tuc-day. Me U wanted by the New Yolk authorities on charges of kidnaping and a-sault-ii.Lr Frcdciick (lump. Jr., Ihc l!)-ycar-old Kan-as City hiuli -chool youth. The patient, under iiiinrd of two de tectives and a tiiir-c, spent a uood ni-lil and slept well, lie ha- had lit tle to say since he was brought o the ho-pital. Thaw a.-ked lor his doctor during the uiiilil, but did nol ak for any member.- of his family. Hr. Kirby said he found Thaw's mind still somewhat hazy Ibis morh iu.y a- lliotejli lie were suffering from Ihc uiler ett'e -t- d' a dint: ur liquor, i'o Ite Ari-aic.ucd, When Thaw i- able to leave the ho-pital, Caplaiu of ctceiic Tate -aid, he will he a ira i'jncd before a po lice mai-t i a te on a eha i lie of at -tempt !ia. suicide. Whether the fata ily will cotite-i i be efforts of the N'ev York -talc uuthoritic- ,t huve Thaw -uiieiulcri'd to I Ih-iii is not delinitdy knout) here. It i- -aid a conference of member- of the Thaw family ann c!o-e friend will be held laler in the day to determine wh;it -h-p- to take In condiat the New York charge-. Aecoid'ti- lo priv ate deject ivi- in llie ciitplov of ihc Thaw family, llie fiinnp ehai'e- arc looked upon a an attempt al blackmail. Mr.-. Thaw, it i- -aid, will not con here utile - her -on'- cotidttion d-maml- her pre-erice or mile-- he in--i.-l - ilia) -he be -ent lor. The bo-pi-t.l nut roi il ies here are kcepi" itr i'i loi nicd of ii eotidit ion. OlD AGE PENSION WASHINGTON, .bin. 1 Iv American citit-it over (i'i wlm i- iti eapabje of iiiMiieai labor and wlto-c annual income i- ie-s t Iuiii .'o() w oii'd get a pen-ion ii. ;i htil bcforct the hoii--e inittce today. h'cpic v. ecu under a pen-ion cntM ntatuc S:ier- Wi id of Oluo i- ailhor of the bill. IBUNE lUJi4't'4Mh'Cr; IS! PLOT ALLEGED IN TRIAL ; HAN I'RANCISCt), Jan. 12 Anar ( eh 1st plotM to assaHriinate (loveruor jlMrani W. Johnson, I'nited States senator elect from California, were I revealed in letters seized in the of ; l'iee of Alexander llerkman several I weeks uno, Assistant District Attor ! rje.y Kdward A. Cuaha told Judge U'rnnklin A. (tritt'fn in. tho Moouey j murder t I'ial todny. , ( "1 found evidence in those letters." jCunhii declared, "lo prove that. Merk maa and others conspired to destroy government, blow up California and I kill (it vernor Johnson." lie was j pleading with Cril'lin not to permit ithe defense In the Mooney case to huive access to the letters, which the i court Impounded. " I f on havt! -such evidence why don't you place it before the grand jury I in mediately V Judge (iril fin asked. , "1 wanted to use the letters as evi dence in this ease and I can get Herk nian and his conspirators any time, Cuaha replied. ha. -it week W. Dourko Cockran, chief counsel for .Mooney, succeeded In having the court impound llie let ters, after several had been published in newspapers. .Mjss Kleatior Fitzgerald, associate cil f I or of Vterk man's paper "Tho Ulast," was on the witness stand, tell ing how Cunha's agents Injured her when they raided "The Ithtsl'' two weekH ago and took I he correspond ence. She showed a bruised arm. "I'mb r the common law of the na tion there can bn no such secret file au the district attorney contends for," declared ( ocl; ran. "These letters are direct evidence in this trial and they show a con spiracy, as I said before, to destroy government and kill Coveruor John son and it Is proper to keep them se cret, ' Ciin ha replied. filtAND l.-I.ANI'. Jan, 12. After iiu all-day sc-on t ttie flnun t lal cominiiic,- of Hie uraud lodge, Ancient ():dir of Cnlictl Workmen, during wliieh the ai ouuts of Treas urer K. h. I fodder of Omaha, who (committed ."Uictde !it,.t week were in ! vest iiratcil, it w as v i von out that a short ii L'e f $ I t;.t was iudicaled, and that a oomph te statement would be made as" soon as the two expert acf ountants put on the books today, had compl'-ted their audit. The older Is protected from ;:ny loss that I may result by a surely company bond 1 in the sum of $.i,oni'i. SEIZE FISHING SCHOONER FOR BOOTLEGGING SKA'I Thi:. Wa-h.. Jan. 1J. - The I'ooih l'i-i.i t ie- com pa n v -tcMiucr j CI '.o w.i- -eicd by the polici- dry -ipiad I tn'a - on a -ca rc w it rt a lit cbar-ne'j that the Chicago btoiight t'oilv ca-e- u Inpior int'i Sca:tle un der h-h label-. UnfcwIK Oregon Library . WEATHER Maximum Yesterday .(; Minimum Today t XO. t."() tic -- - lb- HOUSE Taunted by Rciiuhlicniis, Wl.o Charg cil They Dat e Not Investigate Fur ther, Democrats Abandon Plan for Casing I niitiry Lnwsoti to be Re called and Punished for Contempt. WASHINGTON, .If". I'-. Taunt ed by iv publican, who charged they did not dare investigate further the cbargi's of a stock market leak on Fre-idcul Wil-on's peace note, the hou-e democrats today abandoned their plans I'm closing the inquiry and recommitted the Wood resolution to the rules committee for further ac tion without a vote. ronl'Ilctlng Keiirnt. The democrats bad solidly contend ed Ihere was absolutely nothing lo Mipporl the leak charge-; of ThoiniK W. haw-son and nrinied further that anot her re.-olutiou for investigation -till was pending until It'eprescntative t'antrill of Kentucky, a democrat id! the rules coinmillee, broke away from his colleagues and said he believed there should he further investigation. Some applause from the democrats: and a how) of delight from the repub licans reeled his action. ( 'n nt rill declared he was at odds with both the majority and minority of the connuillee and wanted hdWsoil brought in mid forced to answer ijue-lions on pain of being brought before the house for contcmut. hnw son had declared he could name u. cabinet officer, a senator and banker who shared profits in n stock Liiiubling partnership. The "leak" investigation wits brought inlo the, house today with ti. repinl by the dcimtcrtilu majority of the rubs committee that no evidence had been found and opposition from the republican minority which con tended I hat evidence of a "leak'' had been shown, h'epre-etilutive Campbell of Kam- -as, republic diarged that the "leak" to Wall street on President. Wil-on's peace note went from Wasli iiiglon over the private wire of F. A. Connollv Co., local brokers. That." i ihc linn in which li. W, Moiling, a brother of President Wilson's wife, is The majority report wa brief. Pre--ctitcd by Chairman Henry, it merely said 'ho evidence was adduced sui laining the cliargcs in the (Wood) rc-olulion. Henry's Stnlenient, 'Nol one particle of evidence wns adduced to sustain the resolution of fered by b'eprc-ctitative Wood," said Chairman Henry. "No democrat will submit that there wa any warrant found for Ihc-c charges, ami surely no republican will assert that there was any evidence found to Hiistiliti them. "There i- another rcsolut ion, the original resolution for an impiirv into I he lea k in I he president's message, -till before the committer. A sub committee has been nnnoiutrd to eon- 1 -idcr the conduct of a eonl innneioiis I wit, Thomas W. haw-on, who refused to answer certain (piestions. Thoa I mailers niay he considered by tho commtilce ami I lie house Inter. WoclP StntenienU Peine-enlativv W 1 of Indiana. author of the 're-olui ion, addressed the house, dcidaring In- had no npol o'j o make for hi- action. 'I wa- compelled to introduce the re-olui ions.' -aid Wood, "been itst everywhere, ludti in and out of eoit-gre--, Ihere wvre reports that men in high places h;id profiled m slock inaiket through advance infor mal nm. Then -till i- a general be lief throughout the country that there is onietbing wrong -omcu here. That ! I her wa- a leak, every member of Ihi- hou-e believe. To deny it would be ridiculous. ST, JOHN', N. U,, Jan. 12. Tbe purchase by the Canadian govern ment of the International railroad of New llrniisvvick, which extends from Canibcllton. near the Quebec lino, in Si. Leonards on Hie Maine border, was reported today. Tho price,, It was Mated, was between ?2,oOO,fiQt) and (.hntH'.fino ORDERS LEAK SCANDAL I PROBE RENEWED! nil 10 on ile ty 44 a o- en f