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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (June 26, 1944)
TWO MEDFORD MAIL THIBUNE Monday. June 26, 1944 Complaint Against S. P. Co. Recites Obligations Under Early -Day Grant of Lands (Continued from Friday) In about the year 1926 de fendant completed a new rail road line from Black Butte, Cal ifornia, to Springfield Junction, Oregon, near Eugene, Oregon, through the counties of Klamath and Lane in Oregon, and through the city of Klamath Falls, Oreson. This line Is known as the Cascade line and sometimes hereinafter will be referred to as such. Said Cas cade line does not pass through the Rogue River and Umpqua River Valleys, or either of them, but is to the east thereof. The distance between Black Butte, California, and Eugene, Oregon, by the Cascade line Is approx imately 275 miles, and by the Siskiyou line Is about 300 miles. In about the year 1927 through passenger service between San Francisco, California, and Port land, Oregon, was Inaugurated over the Cascade line by the de fendant and is still being oper ated and furished by defendant. It is more economical for de fendant to operate its passenger trains between Black Butte, California, and Eugene, Oregon, by the Cascade line than by the Siskiyou line. I nthe year 1938, In violation of the Act of Congress of July 25, 1866 (14 Stat. 239), the de- MONEY TO LOAN On JEWELRY, CAMERAS and MUSICAL INSTRU MENTS. Sea our un-rdeem-ad Jewelry savings. PEO PLE'S LOAN CO. 229 Vi E. Main Street. State license P-137. PARTS and SERVICE for all Makes of WASHERS and REFRIGERATORS YOUNGER'S APPLIANCE SERVICE CO. 31 N. Bartlatt Phone 2419 fenrant ceased to operate through passenger service on the Siskiyou line between Duns mulr, California, and Eugene, Oregon, but operated its through passenger service solely over the Cascade line. From 1938 to January 1942, defendant operated one passenger train per day from Portland, Oregon, to Ashland, Oregon, and return, and one train per day from San Francisco, California, to Grants Pass, Oregon, and return. In January 1942 the daily train between San Francisco, Cali fornia, and Grants Pass, Ore gon, was discontinued north of Dunsmulr, California. To re place the discontinued passen ger service between Grants Pass, Oregon, and Dunsmulr, California, a distance of approx imately 80 miles, bus operation, guaranteed by the defendant, is provided by Pacific Greyhound Corporation, a corporation en gaged solely In motor bus oper ation, through two schedules per day between Ashland, Ore gon, and Dunsmulr California. Defendant owns approximately 39 of the common stock of said Pacific Greyhound Corpor ation. Plaintiff says that approxi mately 100,000 persons live in said Rogue and Umpqua River Valleys, that there are numer ous business enterprises in said valleys, both industrial and ag ricultural In character, with a production of approximately $35,000,000 annually; that nu merous persons practice the var-. fornia and Porand ous professions in said valleys; that to many of the persons en gaged In such businesses and professions through passenger service by rails is of great im portance in the conduct of such "of such passenger train service has resulted in great Inconveni ence to numerous person resid ing in said valley and to others having business in or desiring to go to said valley. Plaintiff says that it Is In the interest of the general welfare and of national defense and se curity that said valleys continue to be a center of trade and com merce and that they continue to be populated by substantial numbers of persons; that the discontinuance of such passen ger service has tended to and will continue to retard such trade and commerce and will tend to decrease the population of said valleys, or to hinder the growth and population of said valleys, or both, all contrary to the intent of Congress and to the best interests of the United States. Plaintiff says that It has no adequate remedy at law In con nection with the defaults and violations of defendant in fail ing to carry out said Act of Con gress of July 25, 1866 (14 Stat. 239), as herein set forth, and that unless relief is granted as herein asked for such defaults and violations will continue, contrary to the provisions of said Act, to the irreparable damage of plaintiff and numer ous persons residing in said val leys or desiring to go there. WHEREFORE, Plaintiff prays 1. That summons Issue to the defendant commanding it to ap pear herein and answer the al legations complained of in this complaint and to abide by such orders and decrees as the court may make In the premises. 2. That the court order, ad Judge and "decree that pursuant to the Act of Congress of July 25, 1866 (14 Stat. 239): (A) The defendant use and operate said railroad for pur poses of travel as one connected and continuous line by operat ing trains for through passenger service between Roseville, Cali- Oregon, over its Siskiyou line presently passing through the cities of Ashland, Medford, Grants Pass and Roseburs. all in the state nf Oregon, and not as at present E ?" ""--oad i, being operated ZZZZTW ' "7 Ial"n8 "Perate trains for k.. ' .v m throuSh passenger service be. by defendant of rail passenger service or through passenger service, or both, as herein set forth, such service Is not now available to such persons. Plain till says that the discontinuance Announcement ALL HARD-OF-HEARING, RELATIVES AND FRIENDS STANDARD OPTICAL CO. Klamath Falls, Ore. Franchized Agents For wfth the NEW ... 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"""MAIL THIS COUPON TO " j I Standard Optical Company I 1 715MainSr., Klamath Falls, Ore. 1 I ( ) I am Interested In a demonstration of the I Zenith Radionic Hearing Aid. ( ) I would like an appointment for a demon- . I sfrafion In Klamath Falls on ' I (date) (hour) I I( ) I would like to arrange for a demonstration I In Medford. 1 Name .. Street No. ........... I 715 Main St Klamath Falls, Ore. Dr. Byron Friedman, Rtglit.rsd Optom.trltt In Charge -J tween Dunsmulr, California, ana uugene, Oregon. (B) The defendant.be enjoin ed from failing to use and oper ate said railroad for purpose of travef as one connected and con tinuous line by failing to oper ate trains for through passenger service between Roseville, Cali fornia, and Portland, Oregon, over its Siskiyou line presently passing through the cities of Ashland, Medford, Grants Pass and Roseburg, all in the state of Oregon. (3) That plaintiff have ' such other and further and different relief as the nature of the case requires and the court may deem Just and proper. 4. That the pTaintiff recover the costs of this suit. EXHIBIT A An Act Granting Lands to Aid in ih. Construction of a Railroad and Telegraph Lines from the Central Pacitic Railroad. In Cali fornia, to Portland, in Oregon. Be It enacted by the Senate and House of Representatives of the Unted States of America in Congress assembled, That the "California and Oregon Railroad Company," organized under an act of th State of California, to protect certain parties in and to a railroad survey, "to connect Portland, in Oregon, with Marys vllle, Jn California," approved April sixth, eighteen hundred and sixth-three, and such com pany organized under the laws of Oregon as the legislature of said Slate shall hereafter designate, be, and they are hereby, author ized and empowered to lay out, locate, construct, finish and maintain a railroad and tele graph line between the city of Portland, in Oregon, and the Central Pacific Railroad In Cali fornia, In the manner following, to wit: The said California and Oregon Railrond Company to construct that part of the said railroad and telegraph within the State of California, beginning at some point (to be selected by said company) on the Central Pacific Railroad In the Sacramento val ley, in the State of California, and running thence northerly, through the Sacramento and Shasta valleys, to the l orthcrn boundary of the State of Califor nia; and the said Oregon com pany to construct that purt of the said railroad and telegraph line within the State of Oregon, be ginning at the City of Portland, In Oregon, and running thence southerly through the Willam ette, Umpqua and Rogue River valleys to the southern boundary of Oregon, where the same shall connect with the part -foresaid to be made by the first-named company: Provided, That the company completing Its respec tive part of the said railroad and telegraph from either of the termini herein named to the line between California and Oregon before the other company shall See Humphrey NOWI Humphrey Bella More Humphrey Buys More CASH FDR USED CARS 33 So. Rlv.rsld. Dial 4980 have likewise arrived at the same line, shall have the right, and th,e said company is hereby authorized, to continue in con structing the same beyond the line aforesaid, with the consent of the State in which the unfin ished part may lie, upon the terms mentioned in this act, un til the said parts shall meet and connect, and the whole line of said railroad and telegraph shall be completed. SEC. 2. And be further enact ed, That there be, and hereby Is, granted to the said companies, their successors and assigns, for the" purpose of aiding In the con struction of said railroad-and telegraph line, and to secure the safe and speedy transportation of the malls, troops, munitions of war, and public stores over the line of said railroad, every alter nate section of public land, not mineral, designated by odd num bers, to the amount of twenty alternate sections per mile (ten on each side) of said railroad line; and when any of said alter nate sections or parts of sections shall be found to have been granted, sold, reserved, occupied by homestead settlers, preempted or otherwise disposed of, other lands, designated as aforesaid, shall be selected by said com panies In lieu thereof, under the direction of the Secretary of the Interior, in alternate . sections designated by odd numbers as aforesaid, nearest to and not more than ten miles beyond the limits of said first-named alter nate sections; and as soon as the said companies, or cither of them, shall file In the office of the Secretary of Interior a map of the survey of said railroad, or any portion thereof, not less than sixth continuous miles from either terminus, the Secretary of the Interior shall withdraw from sale public lands herein granted on each side cf said railroad, so fas as located and within the limits before specified. The lands herein granted shall be applied to the building of said road with in the States, respectively, wherein they are situated. And the sections and parts of sections of land which shall remain in the United States within the limits of the aforesaid grant shall not be sold for less than double the minimum price of public lands when sold; Provided, That bona fide and actual settlers un der the preemption laws of the United States may, after due proof of settlement, improve ment, and occupation as now pro vided by law, purchase the same at the price fixed for said lands at the date of such settlement, improvement and occupation; And provided also, That settlers under the provisions of the homestead act, who comply with the terms and requirements of said act, shall be entitled, within the limits of said grant, to pat ents for an amount not exceed ing eighty acres of land so re served by the United States, any thing In this act to the contrary notwithstanding. SEC. 3. And be it further en acted, That the right of way through the public lands be, and the same is hereby, granted to said companies for the construc tion of said railroad and tele graph line; and the right, power, and authority are hereby given to said companies to take from the public lands adjacent to the line of raid road, earth, stone, timber, water, and other mater ials for the construction thereof. Said right of way is granted to said railroad where It may pass over the public lands including all necessary grounds for sta tions, buildings, workshops, de pots, machine-shops, switches, side-tracks, turn-tables, water stations, or any other structures required in the construction and operating of said road. SEC. 4. And be it further, en acted, That whenever the said companies, or either of them, shall have twenty or more con secutive njlles of any portion of said railroad and telegraph line ready for service contemplated by this act, the President of the United States shall appoint three j commissioners, whose compensa- tion shall be paid by said com-1 pany, to examine the same, and j if it shall appear that twenty consecutive miles of railroad ' and telegraph shall have been , completed and equipped in all ; respects as required by this act. the said commissioners shall so i report under oath' to the Presi dent of the United States, and thereupon patents shall issue to said companies, or either of them,, as the case may be, for the lands hereinbefore granted, to the extent of and cotermin ous with the completed section of said railroad and telegraph line as aforesaid, and from time to time whenever 20 or more consecutive miles of the said road and telegraph shall be com pleted and equipped as aforesaid, patents shall in like manner is sue upon the report of the said commissioners, and so on until the entire railroad and telegraph authorized by this act shall have been constructed, and th patents of the lands herein granted shall have been Issued. (To be continued) POTENT HEW WEAPON Washington, June 28. (U.R) A potent new weapon for the allied arsenal a heavily-armed attack transport capable of land ing 1000 men with a full comple ment of tanks and heavy guns is now under construction in American shipyards, it was learned today. France to victory In World War I. CATCH COMES HIGH Salem, Mo. (U.R) The Old Age Assistance home and the Dent county farm here had a trout dinner recently 'at the ex pense of four over-enthusiastic fishermen. The zealous anglers gave 96 fish to the hornet, but were fined $143.60 when a con. servation agent learned that the catch was twice the limit for four men. Oloslng time for CliMlfled ads . m. Too Ute to CliMtry, 13:30 p. m. PERSHING HONORED Washington, June 26. (U.R) The University of Wyoming to day conferred the honorary de gree of doctor of law on Gen. John J. Pershing, who led Amer ican expeditionary forces in HARD1E SPRAY RIGS NIAGARA DUSTERS O Sales . . 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Send your request, enclosing 25 cents, to: GLARE GARDNER 729 American Building WESTERN OFFICE Seattle 4, Wash. ''v. IS mEEDED TO FINISH TIME JOB &fl Li AVJ JLJT vid jJ 7 IS WHAT. YOU CAN DO ABOUT IT! WORKERS: If you are a war worker or in any essential work, yon can decide not to quit your job until the BIG job is done. EMPLOYERS: You can see that conditions In your pMht are such that employees will want to stay with you. And you can help by adhering to all manpower regulations. MERCHANTS, BANKERS, DOCTORS: You can keep your place of business or office open on certain nights for convenience of workers on odd-hour shifts. HOUSE OWNERS OR RENTERS: If you have living units to rent, list them (free) with the VTar Housing Center. WORKINC MOTHERS: Investigate child care centers to care for children" while you work. TAKE CARE OF CHILDREN: Help parents who are working to stay oo the' job by caring fot one or two children particularly under two years of age in your home (with compensation for you for day; care or full rime). and RmmiPOTJEIffi is EEil&Y BOBBY.' THOUSANDS OF MAN HOURS are lost every week in Oregon's critical war industries needlessly. Sometimes the cause is thoughtlessness. The job just doesn't seem important ... or the grass looks greener somewhere else... or a touch of the old wanderlust Many of the most important causes are beyond the workers' control personal problems, such as illness in the family; plant problems, such as poor eating facilities; and community problems, such as inadequate housing, poor transportation, lack of child care facili ties, or unsatisfactory shopping hours. , Th only way we can (top this neediest loss of precious man hours Is for all to make this resolution now... I pledge myself to stay on the ob ana finish the job! TUs lUlememt ka hrn ftipersd end reUttti if BLITZ-VTEINHARD COMPANY lie ePfreeel lie Vet Msmfwet Commiiiiee)
