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
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I ( ) I am Interested In a demonstration of the I
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( ) I would like an appointment for a demon- .
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Dr. Byron Friedman, Rtglit.rsd Optom.trltt In Charge
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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
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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
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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
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''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)