Newspaper Page Text
... ... .. -f r f f J i , 1 rftfVA, VOL. XVI. DALLAS, POLK COUNTY, OREGON, AUGUST 7, 1903 NO 21. 4Frak f i I it to Our fl" Having removed our entire stock to Falls City, onr -Clearance - Sale will continue in the departments where we arc overstocked. Onr Hargain Count ers there will be tilled with things you can use. You can huy front us at Wholesale We Want Your Produce And will pay you for coming to trade at our new store. Remem ber that we carry everything, and always at the lowest prices. BryanLucas Lumber Company Falls City, Tn order to encourage exhibitors and attendance at the state fair, the Southern Pacific Company will transport all exhibits, including live stock to and from the Oregon state fair free of charge. Exhi bitors should ship direct to the Fair Grounds, where they will find ample facilities for unloading all exhibits. llalsey was almost entirely de stroyed Thursday evening by the largest and most destructive fire in the history of Linn County. Almost the whole business portion of the town was desolated, only two busi ness houses remaining. One private dwelling was consumed. Scarcely any of the goods were saved from any of the buildings. One man was slightly injured. The Albany fire department and volunteers went to the scene of the conflagra tion and did efficient work. The total loss was about $70,000, only a part of which was covered by in surance. The fire was discovered at 5:30 p. m. The cause is not known, but was first seen in the roof of the creamery in the northern part of town, owned by Mr. Kaupisch, of Corvallis. OREGON'S BLUE RIBBON STATE FA I R SALEM September 14 - 19, 1903 The Greatest Exposition and Live Stock Show ou the Pacific Coast High Class Kacing every p. m. $12,000 CASH PREMIUMS on Live Stock and Farm Product? AH Exhibits hauled free over the Southern Pacific Reduced transportation rates on all lines LIVE STOCK AUCTION SALE held in connection with Fair Fine camping ground free and reduced rates on camper's .tickets. Come and bring your families. For further informa tion, write M. D. WISDOM, Secretary Portland, Oregon Sale Continues IPrices. LOW RATES TO SEASIDE Fast Through Train Service Between Portland and All Beach Points . After July 6. Commencing Monday July 6th, the Astoria & Columbia River Rail road Company will resume its Summer Special Seaside Schedule, and trains "leaving Union Depot Portland at 8:00 a. m. daily will run through direct without transfer at Astoria to all Clatsop Beach points, arriving at Astoria 11:30 A. M., Gearhart Park 12:20 p. m., and Seaside 12:30 p. m., making direct connection at Warrenton for Flavel. Beginning Saturday July 11th, and every Saturday thereafter the popular Portland-Seaside Flyer will leave Union Depot at 2:30 p. m. arriving at Astoria &:oU p. m. Gearhart Park 6:40 p. in. and Sea side 6:50' p. m., making direct con nection at Warrenton for Flavel. In connection' with this im proved service, round trip season excursion tickets between Portland and all Clatsop and North Beach points are sold at $4.00 for round trip, and Saturday Special round trip tickets between same points, good for return passage Sunday, at $2.50 for round trip. Special Sea son Commutation tickets, good for 5 round trips, from Portland to all Clatsop and North Beach points sold for $15.00. Beach excursion tickets sold by the O. R. & N. Co. will be honored on trains of this company in either direction - be tween Portland and Astoria. For additional information dress J. C. Mayo, G. F. & P, aa A., Astoria, or E. L. Lewis, Comm'l. Agt., 248 Alder St., Portland, Ore. Write for the novel and edteby Seaside pamphlet just issued tell ing all about Summer Girls, Sea Serpents and Sunsets at Seaside. Excursion Rates To Yaquina Bay. On June 1, the Southern Pacific Company will resume sale of Ex cursion tickets to Newport and Yaquina Bay. This resort is be coming more popular every year; and hotel accommodations are better than ever before, and at reasonable rates. Season tickets from Derry to Newport $4.50; to Yaquina $4.00; Saturday-to-Monday tickets to Newport $2.65. You Know What You Ar Taking When you take Grove's Tasteless Chill Tonic because the formula Is plainly printed on every bottle, showlcs that it is simply Iron and Quinine in taste less form No Cure, No Pay. 60c Oregon GREAT FAIR PROMISED Exhibit This Year Will Be a Record Breaker. No time in ' the history of the Oregon slate fair has there been such a good feeling among the agricultural classes toward the suc cess of the fair as exists at the present time. Every section of the 6tate seems to be taking an interest in the fair and promises to give it their hearty support. ' East ern Oregon for the first time has promised one or two county ex hibits, consisting of agricultural products, while the southern por tion of the state will also be repre sented by a comprehensive exhibit of its agricultural products. Live stock from all over the state is be ing prepared for this year's fair. There are reasons for this awakening of the people to the support of the fair. One is, the management ha worked hard and faithfully to make the fair as broad as the state itself. The transpor tation companies have come to their assistance and made very liberal rates on hauling exhibits of all kinds. Another is, the peo pie are beginning to realize that it is time to let the outside world know of the wonderful resources of our state, and believe that the state fair is the proper place to meet the better class'of homeseekers. This will make the fair doub'y valuable. It will give those who are looking for homes on Ihe Pacific coast an opportunity to see in a body what our state can produce, and where it is produced, without traveling all over the stateat great expense. It will also give the exhibitor the best possible opportunity of show ing his products, whether it be grains, grasses, fruits, vegetables or live stock. Eat All You Want. Persons troubled with indigestion or Dyspepsia can eat all they want if they will take Kodol Dyspepsia Cure. This remedy prepares the stomach for the reception, reten tion, digestion and assimilation of all of the wholesome food that may be eaten, and enables the digestive organs to transform the same into the kind of blood that gives health and strength. Sold by Belt & Cherrington. SICK HEADACHE ABSOLUTELY and permanently cured by using Mokl Tea. A pleasant herb drink. Cures constipation and indigestion, makes you eat, sleep, work and happy. EaligfacUon gu&t&sUtd or money back. 25 cts. and 0 eta. Belt & Cherrington, Dallas, Oregon. WILL RECOMMEND BUILDING State Needs Proper Place for Care Criminal Insane. ihe leacock case has had tendency to impress upon the mind of Governor Chamberlain the fact that the state is in need of a proper place for the confinement and care of the criminal insane and he has made a memorandum of the matter in order to include in his message to the Legislature the recommenda- tion that a buildisg Deconstructed, either separate ort in connection either the Insan Asylum or the Penitentiary, expressly for the con fanement of the criminal insane where they can receive treatment for their malady and at the same time be under the same restrictions and discipline as the inmates of the otate I nson. , In his long experience in the practice of law the Governor says that it is a notable fact that when a plea of insanity is entered in a case as a defensefor the commission of a crime of more or less enormity and where thereis the slightest foundationer such' a plea and the jury is satisfied that the plea is well founded, while it is'quite plain that the defendant is guilty f the crime charged, they have only one two things to do; find them guilty of the crime; and send them to the Penitentiary, or find them nsane and commit them to the Asylum, neither pf . which is the place for the confinement of the criminal insane. -Statesman. i i Adjutant-General C. U. Ganten- bein has resigned his oflice to accept the Colonelship of the Third In- fnni. d . , r xt tt lauujr' iwgiiucm,- u, ix. kj. ms place will be filled by Captain W. E. Finzer, of Woodburn. uovernor unainoerlain has ap pointed Oswald West, of Astoria State Land ..'.rent to succeed Hon. J. W. Morrow, who tendered his resignation Friday morning to accept a position more to his lik- ne. Mr. West is teller in the irst National Bank, of Astoria. He held a similar position in Ladd ik cusn s panic in feaiem tor manv O Tt 141 1 fi 1 ' m years. According to an inventory just filed by the appraisers, the estate of the late Henry W. Corbett, of Portland, is of the value of $2,621,538.85. The largest items in the appraisal are $520,000 worth of stock in the First National Bank, of Portland, $200,000 worth in the Portland Hotel, $169,260 in the City & Surburban R. R., a mortgage on the same for $85,000, and $102,000 in Union Pacific R. R. Co., preferred stock. More than 50 notes executed by various in dividuals, marked represent some of uncollectable, cnaniy. iney aggregate over $10,000, and the names in the list include those of well known citizens of Portland. "By the Eternal Gods, I will shoot the fellow who throws eggs at me, and I will shoot to kill" are strong words for the meek and lowly Quaker. Still, a well de veloped and mature piece of hen iruu squashed without warning amidships, and another lathering whiskers and trickling its contents down your undershirt might cause worse language than that. The Quaker doctors received a full volley of eggs last evening during the spiel from the shadows of the jail where the offenders should be confined. In the midst of the ora- tory which produces the money from the crowd there came a swish, and beholdl The visages of various bystanders were filled with im promptu omelet, unprepared and uncooked. The doctors escaped without a stain on their long coats. The incident aroused the ire of the Quakers and with anything but the spirit of "turn the other cheek," the orator bequeathed a string of invectives from the platform which had a tendency to cook the omelet which had been distributed to the crowd in such a nasty manner. Eugene Guard. EXFERIEXCE 13 THE BEST teecher. Use Acker'a English Remedy In any case of coughs, coid or croup. Should It fail to filvo :aiRU,i:atc relief mcr.ey re funded. 2S cts. and SO eta. Belt & Cher rlngton, IMllaa, Oregon. POULTRY AT STATE FAIR of Prospects Are Good For a Mammoth Exhibit This Year. a The prospects for a mammoth exhibit in the poultry department of the Oregon State Fair for 1903, at Salem, have never been as bright as they are now, writes Superin tendent C. D. Minton, in the Pacific Homestead. Poultrymen all over the Pacific Coast are writing for premium lists and entry blai:ks, and there have been no less than to sjx breeders who have stated that they would put in at least 40 fowls - each. The State Fair board hasordered new up-to-date coops, and, barring accidents, the fowls this year will be housed in elegant, uniform coops throughout A Dremium received at the Ore gon State Fair is considered equal to an award received at any poultry show. This year the competition promises to keen, and practically all breeds will be well represented, The Fair board has been ex- ceptionally liberal this vearin the matter of premiums in its effort to draw out a good exhibit. This year there has been added a "best display" award of $15 first, and $10 second. The only requisite for this is 20 birds in the class; they may all be of one variety. The iudee will place the awards. There is also a "best pen" premium o I $10,alsoa "best specimen" premium of $5, in both parti and solid color in weight and non-weight varieties. These are all new premiums and are worth coming to the Fair to secure. The money value of these premiums, while large in itself, is ii . . il. i .. .. .1 sman eompareu to me nonor anu the value as an advertiser. The stock will have the best o care and everything will be done that is possible ip do to make this department of equal importance to i any other. In shipping stock it should nlwa.VS be shipped to the r air rounas, uregon. -ana never 10 fealem- 1 lie management can- not Posslb'y receive poultry .it BhiPPed to S;,lem. and lhey wil1 be returned to shippers. The birds are received at the Jair urounds depot and re-delivered there at the close of the Fair. The board furnishes, free, grain and cure dur ing the Fair, and the owners have no trouble at all on that score We hope to see a fine display of water fowl this year, as special ar rangements will be made to care for them and properly coop them. There are hundreds of fine geese and ducks in Oregon and Wash ington, and to bring them out a "best display" premium of $5 has been offered in each class, the only reauisite being 10 birds in the ciag8 j, ;8 mv diri as suuer the good of the show and with the co-operation of the breeders we can have at least 1,200 fowls, which would not be too large an estimate J SIC Was Always Very Pale and Thin. Nervous Prostration- Faint Spells. Dr. Miles Nervine Saved My Life. There is preat aamrer in a run dowa con dition. Overwork, mental strain, the care and worries of business and the home, all have a deleterious effect upon the nerves, which in their devitalized con-lition readily fall prey, to the attacks of disease. Aside from the danirer there is no condition at tended by so many disagreeable symptoms; -such as loss of appetite, indigestion or nerr- ous dyspepsia, headache, tired leeling and loss of ambition together with the agony of sleepless nights spent in tossing restlessly aoout, oniy io rise cxnausieu iu uic uiuriuu. Dr. Miles' Nervine is a true nerve tonic which, by strengthening the nerves, restores health and appetite and brings sweet sleep. For six years I suffered tlmost constantly from a complication of troubles which culmi nated in complete nervous prostration. I had no appetite, I could not sleep, I suffered from indigestion and nervousness. As ii so often the case in nervous prostration 1 fre quently had weak, fainting spells. Doctors did ii jt help me. They said my blood was very poor, and I know my face was alwavs very pale. The very first bottle of Dr. Miles' Nervine I took gave me noticeable relief and I felt stron er than I had in years. My ne:griD"rs in ruvaiuip, v an wnere i men lived will testify to this. I also used some of Dr. Miles Restorative Tonic and Ann I'aiu I believe the Dr. Miles KemHies saved my life." Mrs. J. C Benedict, Tuck er, Utah. All dru.'zists sell and euarant-e fir-t bot tle l)r. .il.l-js' Re-ne iies. Send l' f free book, cn N-rrc-t:-. Heirt Ie-. Addre Dr. Miiei Medical Co, E: ii hart, Ind. to attempt to reach. We ask each exhibitor, who has a neighbor that has a few fine poultry, to insist on him sending them. It is to the interest of every breeder to do this. Build up large shows, and that builds up the poultry interests. Ed Carlisle, of Portland, Oregon, will serve as judge and place the .awards. Mr. Carlisle's integrity is so well known among poultrymen that if stands without a question, and, when an award is placed, tht exhibitor knows that it is placed ou the right fowl. Come and spend a week at the Fair. Bring your family and tent. If this is impossible, send your poultry and they will be treated as well as though you were present. If you ship by freight the poultry are carried free, if by express a l IT i 1 t single nierenanaise race is cnargeu. A good way if you have only a few fowls is for two or three neighbors to ship together, but, in that case, always notify the superintendent east twq days before shipment that you intend doing this, designating what fowls are yours. It will also be a matter of great convenience to have the entry sheet filled out and sent to the sunerintendent bv at east Saturday before the Fair " opens, which is on Monday, Sep- tembe'r 14th. Entry blanks will be ready for distribution within a few days and applications should be filed for them now. Observer legal blanks are best. IN FAVOR OF GROWER Dealer Fails to Recover Possession of Hop Crop. . The purchaser of hops under an executory contract cannot recover possession thereof by replevin as long as anything remains to be done to pass title. A hop mortgage to secure fulfillment of contract of 11 . ....! saie uoes not entitle- trie mortgagee to .possession of the hops until he has reduced his claim to liqui-'at.- damages This i.s the substance of a de- cision lendered by the bupreme Court in the case of A. F. Btck- haus, appellant vs. F. W. Buells, J. M. Wolford et al., respondents, appeal from Marion county. The suit was brought before Judg George II. Burnett, and was de cided in favor of. the defendants. The Supreire Court affirms the lower court in holding that replevin does not lie to recover hops under an executory contract, such as was in general use prior to 1903. The court indicates, its opinion, however, that such con- tracts should be enforced, and may be it proceeding ot a proper nature aio ui uugui. i i.. This was a suit to recover poesession of 44 bales of hops of the crop or iyuz. lTainun claimed the right to possesion by virtue f contract which purported to be a sale, and also a mortgage to secure advances made by the dealer lo the grower. Ihe terms ot the contract left the purchaser to be the jude of the quality of the hops, and it was also agreed that the contract should he a mortgage to secure the faithful performance of the agree ment. The defense wart that ih" contract was exccutoi v, that the plaintiff had m fused to make the advances as agreed, whereupon the contract was rescinded by mutual consent, and that defend int had repaid the $1 advanced, with nterest. The judgment of the ower court was in favor of Buells, the seller of the hops. The opinion of the Supreme Court says that the contract was entered into in March, 1902, and related to a crop of hops to be grown that year, cleanly picked, well dried, and put up in good merchantable order, etc., and since Buells was required to segregate the hops and put them in condition for acceptance, the agreement was only an executory contract, and the labor necessary to their preparation for delivery was a condition pre cedent to vesting a title in the plaintiff. "No title or right of ACKER S DYSPEPSIA TABLETS art sold on a positive guarantee. Curea heart burn, raising of the food, dlftresa after eating or any form of dyspepsia. Om littt tbW (fives Immediate relief. 2 eta. and 60 cts. Beit & Cherrington Oailaa. Oregon. THE OLD REUADLE "" .". " '. kJ3t U M THERE IS ND SUBSTITUTE possession having paesed by such JJ - SI . .... . tuiuraui, b,uu me uouri, "it is settled in this state that replevin not lie to recover possession of personal property under such cir- cumstances." After holding that plaintiff can- "ot rest his right of recovery upon the executory contract, the Supreme Court discussed the agreement viewed as A mortgnge. It is held . '"at ilctendant had tendered repav- ... - mt!lt ' the advances made by plaintiff, and that plaintiS was not entitled to possession of the hops because of advnnces made to defendant by. plaintiff's agent on the latter s own account, which ad vances had not been repaid. The decision continues: "It is maintained by plaintiff's counsel that, Buells having mort gaged the hops as security for the faithful performance of his part of the contract, for a breach thereof, plaintiff was entitled to the pos- session of the property. If Buells did' not raise .the prescribed quantity of hops, or if they were not of the specified quality, or if they were not picked, dried or baled In the manner - indicated, and Backhaus, in consequence thereof,' j8 ,0 ,e the sole judge in his own Cush of tlm i-ipnl( i Ac. mand for a violation of the terms 0f the executory agreement, the mpiiHiirn nf his PYn(.ii,,i. mi-rl.i im difficult of ascertainment until he had manifested it by settling with Buells. If Buells failed to raise' 10,000 pounds of hops of the speci fied quality, etc., or refused to de liver them, Backhaus was eptitled to recover from him the damages he had sustained, which would be the difference between the market value on October 30, 1902,of 10,000 pounds of hops of the character and quality specified and the price agreed to be paid theiefor. but as this sum had not been liqqidated the debt which was the considera- .... . . tion for tins part of the secur tv Cliud not be ascertained, except by 8ome judicial proceedings instituted for that purpose. It is tru- that plaintiff, in anv event, was entitled to nominal damages, but this term js K0 indefinite and the measure of this kind of damages depends upon g0 many elements that it would be improper to permit him to be the judge of the sum to which he was entitled .as sueh or lo take pos session of the proper'y to satisfy same. "Contracts of thechnacter under consideration ouorlH to be enforced if possible, bill, as plaintiff had not reduced his damages to a matter of money value fit as to form a debt as a consideration fur ihe security, he was not cut it led lo the possession of the properly, for he could only take it for the purpose of selling it in the manner prescribed by law to satisfy his demand." It is further held th at where the condition in a chattel mortgage is broken, if the obligation is un liquidated, the mortgagee must re sort to some appropriate judicial proceeding to enforce his lien, in which the amount of his debt can le ascertained and the rights of the parties declared and enforced. Played Out. Dull Headache, Pains In various parts of the body Sinking at the Pit of the Stomach, Loss of Apptlt, Feveri?hnens. Pimplea or Sores are all positive evidences of impure blood No nwitier how it be came so. It must be purified In order to obtain good health. Acker's Blood Elixir has never failed to cure Scrofulous or Syphilitic poisons or any other blood dlseapra. It is certainly a wonderful remedy and we sell every bottle on a posi tive guarantee. Belt Cherrington, Dal las, Oregon.