Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, February 15, 1910, Image 1

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    FOLK
C
OUNTY
PUBLISHED SEMI-WEEKLY
VOL. XXI
DALLAS, POLK COUNTY, OKEGON, FEBRUARY 15, 1910.
NO. 1
1
r-
W
SPRING 1010
ereaies, laingnams, wnne ijrooas,
:
Waistings, Embroideries and Laces
I ; ;
arc ready for your inspection. We
refill be pleased to show you the new
things. We are showing a better
line of Embroideries than ever. Our
'er prices are always right.
irte
SL S. CAMPBEL
r (' Successor to CAMPBELL a HOLLISTER
DALLAS, - - - OREGON
jHere we are at it yet-selling fur-
niture every dayexcept Sunday. .
jWe treat the people right and they
J will buy from us.
Ask your neighbor where he buys
I his Furniture, Carpets, Wall
f Paper etc., he will tell you
Sterling
Company
DALLAS,
ousekeeper's
Day
ri
On Monday of each week we will display and advertise four spec
ials which we hope will meet with the general approval of our cus
tomers. These specials will only be on sale Monday of the week as ad
vertised. ft Bars White Linen Soap. 1 10 cent siic bar of Capitol Scour
ing Soap. 1 10 cent sise bar of Mineral Hand Soap. These three Items
will be sold for 25 rents on Monday only, this means you get 45 rents
worth of goods for 25 rents.
3 pounds' Fancy Dried Peaches for 25 rents.
pounds Fancy Dried Prunes for 25 rents.
i 10 rent Number 2 lamp chimneys for 25 cents.
Don't forget the 25 rent sale Monday the 21st,
CIUDER'S GROCERY
Lafayette Nursery Co.
Trees Trees Trees
Are YOU wanting to plant TREES?
ORCHARDISTS are realizing as high as $1000 per Acre
NET PROFITS
We grow ALL the STANDARD Sorts
AITLE PEAR PEACH CHERRY WALNUT
PRUNE ETC. .
All orders receive prompt attention.
Your trade Solicited.
Address, Lafayette, Oregon
Perm, City and Town Loans
Tive Per Cent interest, Nine years' time with
I rivilege of paying at any time. Return pay-r.-ents
monthly, quarterly, semi-annually or
r . .nually, to suit borrower. For particulars,
The Jackson Loan and Trust Co.
3 1 : ( otury Building Denver, Colorado
GOODS
Furniture
OREGON
JURY FAILS TO AGREE
w. 1-
CASE AGAINST BINGER HERMANN
MUST BE TRIED AGAIN.
Nearly Forty-Eight Hours Spent in
Endeavor to -Reach a Verdict
Brief History of Case.
PORTLAND, Or., Feb. 14 (Spec
ial to Observer.) The great Hermann
trial is ended, as far as the first trUil
is concerned, with a hung Jury.
The case was important in many re
spects and especially interesting In
view of the prominence of persons
charged In the indictment. Mr. Her
mann was tried alone, others charged
in the indictment with him having
been either committed or dismissed.
The charge, divested of its legal
verbiage, was that in 1901 Binger
Hermann, F. P. Mays and others con
spired to purchase a lot of State land
in the Blue Mountains, then create a
Forest Reserve, and thus, having their
land taken from them, get scrip in Its
place worth about $6 an acre.
The plan as claimed by the Govern
ment was that Mays would purchase
a large lot of State land at $1.25 an
acre, pay one-third down, get a re
serve created out of their land, thus
entitling them to the scrip. It was
within the especial jurisdiction of Mr.
Hermann, as jCommissloner of the
General Land Office, to create forest
reserves.
To this indictment, Mr. Hermann
entered a plea of not guilty. The trial
was begun January 10 and ended Feb
ruary 14. The Gevernment was repre
sented by Francis J. Heney, and the de
fendant by Mr. Worthington of Wash
ington, D. C., and John M. Gearln, of
Portland. A full report of all the points
made would fill a whole page, so the
Observer will give only the salient
points in the case.
Hermann's Political Ambition.
Mr. Heney claimed that Hermann
was ambitious to become United
States Senator from Oregon; that he
was very anxious to secure the polit
ical support of Mr. Mays; that this
could be secured by placing Mays un
der personal obligation to him; that
to do so, Hermann must be inatten
tive to the Government interests by
doing a lawful thing for an unjust or
wrongful purpose. In other words,
that It was perfectly lawful for Mr.
Hermann to create a forest reserve,
but that it was evidently a "stand in"
to create one In the exact spot where
Mr. Mays had accidentally (?) pur
chased a large lot of State land, worth
but little in the market and of still less
value for private holding, but very
valuable when it became represented
by scrip that could be used In secur
ing from the Government an equal
number of acres of valuable land else
where and used by the holder in se
curing title to such land. The Govern
ment did not claim that Hermann was
to benefit financially, but rather, inci
dentally in furthering his political
ambition.
It appeared from the testimony of
Henry Meldrum that Hermann entered
Into the arrangement with Mays. The
defense claimed in this connection that
Hermann had published in the Ore
gonlan an interview in which he took
strong ground against the creation of
any more forest reserves, and also had
in evidence the reports of Mr. Her
mann to Congress against the creation
of reserves.
Mr. Heney asked the jury to consid
er this question: "If Mays and others
believed Hermann sincere, or, In other
words, if they did not know what
Hermann would do, would they have
spent large sums of money In purchas
ing land that the evidence showed was
not worth 60 cents an acre?"
Meldrum'g Testimony Important.
The Government attorney contended
strenuously for the truth of Meldrum's
testimony; in fact, this testimony was
the storm center of the case. The de
fense sought to attack it by various
means. One witness was very positive
that no conversation was had by her
and Meldrum, except she said: "I ap-
"plled once for a position in Meldrum's
office. I never talked with him hut
once, and all of the conversation was
simply asking him if he had a place
for me. He said 'no.' I told him good
day and never called again." The pro
secution had proved some very dam
aging things as having been said by
this witness to Meldrum and the wit
ness was confronted with letters wrlt
! ten by Hermann in which he referred
'. to her letters to him about having
1 called twice to see Meldrum and f bout
! a lengthy conversation she reported to
1 Hermann as having had with Mel
drum. j All through the case, to every little
conversation and every little contra
diction, apparent or real, the respect
ive attorneys directed their argum nt.
Nothing escaped either side. Much
amusement was created by some of
Hermann's letters to Brownell, Loom Is
and Ormsby, in which he asked their
support for Senator.
Weakened by Crow Examination.
Mr. Hermann's cross examination
weakened him quite materially not
In any one thing he said, b :t In his
seeming lack of frankness. If inno
cent Heney made much of this. The
defense devoted much attention to
Meldrum and bitterly assailed hia tes
timony as that of one still having two
indictments hanging over him.
The defense had many of the lead
ing men of Oregon testify as to Her
mann's good reputation for honesty, i
and It also pressed home with' effect
the evident intent of two of the Gov
ernment witnesses to force Mr. Her
mann out of public life. One witness
who was very damaging In his trsti
jmony. If believed, was shown to have
' been In the employ of Hyde and Ben
son, land fraud men. while holding a
confidential position In the land office
under Hermann. This man was cleerlv
shown up to be a scoundrel, not onl
by his own confession but by docu
mentary evidence.
Much was made by the prosecution '
concerning Hermann's political letters,
but this was answered by the defmse '
hr r"i-g the fact that it is n. unusual
thing for a candidate for office t ho: J ,
out Inducements In the way of Im-
plied promises of friendship to his
supporters. A laree number of persons ;
In the courtroom, who had heard ah !
of the testimony, expressed a confl
dence in Hermann's acquittal.
In his charge to the jury, Judge
Wolverton said it was not necessary
that there should have been an express
understanding among Hays, Hermann
and others to constitute a conspiracy,
but that if there was a tacit under
standing that Hermann would do cer
tain things for his part in the further
ance of the common purpose, that
would be sufficient evidence of a con
splracy.
Jury Out Two Days.
The jury retired at 11 o'clock Satur
day morning, and after nearly forty
eight hours deliberation, its members
found themselves unable to reach a
verdict. A discharge was accordingly
ordered by Judge Wolverton yester
day morning, and the deliberators, af
ter having been kept virtual prisoners
for nearly five weeks, were permitted
to 'depart for their respective homes.
Attorney Heney says he is ready to
prepare for a new trial. The defense,
on the other hand, having confidently
expected acqultal, has made no plans.
Attorney Worthington had already
purchased his ticket to Washington,
and Judge Wolverton ordered court
convened an hour earlier yesterday
morning to permit the distinguished
lawyer to leave for the East at 10
o'clock.
Hermann's Long Public Record.
In many ways, the case against Mr.
Hermann is a sad one. For nearly
fifty years the defendant has been a
well-known public man. He came to
Oregon when a boy, worked on a farm,
taught school, and educated himself
for a lawyer. He was made a Deputy
Collector of Internal Revenue, a State
Senator, Receiver of the Land Office at
Roseburg, and a Congressman from
Oregon for twelve years. He' was ap
pointed Commissioner of the General
Land Office by President McKinley.
Resigning this office, he returned to
Oregon and was elected to fill out the
unexpired term of the man who had
defeated him for Congress in 1896.
Was again elected to Congress, but be
fore his term expired, was indicted
by the United States Grand Jury on a
charge of conspiring to defraud the
state and Government. For five years
this indictment hung over him, and
after a trial of five weeks, he must un
dergo the ordeal again!
During all of the years of his en
deavor, no one has ever charged that
Hermann was not honest in all of his
financial dealings. No one has ever
claimed that he used his various of
fices to make money out of them, ex
cept what belonged to him by right.
While men Joked about his suave man
ners and jolly handshake, while others
questioned the sincerity of his friend
ship, his real Innate honesty was nev
er questioned. Sad indeed It was for
one, not even a political supporter, to
listen to the terrible arraignment as
the Government attorneys sought to
weave around him a chain of circum
stances indicating, as they claimed,
his guilt. Yet it was a relief to know
that these attorneys disclaimed any
purpose of Mr. Hermann to gain
money by what they asserted was a
plan on his part to sleep at his post
of duty while his political friends
put dishonest dollars in their pockets.
Sad, Indeed, It was! A man, nearly
70 years of age, surrounded by his
wife and children, sitting in the court
room while the attorneys for the Gov
ernment charged him with betrayal
of his trust to gain political influence.
How rapt his attention to every word!
Again, turn to watch him as his at
torneys went over the testimony, build
ing up their theory that all he did was.
for the public good, showing up the
motives of those who sought his ruin.
What could have been his thoughts as
the jury filed out of the courtroom,
and he knew that In the hands of
these twelve men rested his fate.
Would It be McNeill's Island and dis
grace, or would it be freedom and hiB
home In Roseburg?
Guilty, Binger Hermann's punish
ment has been great. Innocent, the
wrong done him can never be righted.
MAY USE CONCRETE
Independence Plans High School to
Cost $13,000.
It has been practically decided that
the new high school building in Inde
pendence will be built of concrete
blocks. Those who have expressed an
opinion on the matter are enthusias
tically In favor of the best that money
will build. Fully half of the people
favor a bonded Indebtedness of not less
than $20,000 for the purpose of pro
viding funds with which to build the
structure. Others favor a still' larger
sum. The petition which was circulated
during the week calls for bonds to the
amount of $15,000. This amount is
thought to be ample to buy the
grounds, pay for the construction of
the buildings, and provide the heating
plant.
The basis of estimates of costs are
made from Information procured from
the architect who planned the high
school building at Junction City. This
building has six rooms and two labor
atories. Its cost Is said by the archi
tect to have been $5800. The heating
plant was to have cost $1500, but it
is understood to have been In excess
of that amount or about $1800. The
Junction City high school building Is
a frame structure.
It Is believed that an eight-room
building can be erected here at a cost I
of $7500, or concrete block structure j
at an Increase of one-fourth of this
amount, or about 1500. To this is ad-1
,
ded the cost of heating plant, about
$2000, and $50 for fittings for high
school work, besides $1500 for furni
ture and $115t for grounds. Theee
amounts make a total of $14,850. It is
believed the expenses can be kept
within these figures. Independence
Enterprtne.
Will Retire from MlnWry.
Rev. Ernest J. Sias. who Is the
brother of Mrs. Charles Buhman and
Mian Fiaa. of this city, and brother of
Rev. A. c Bias, of Dallam, former taa-
tor of the Christian churrh here, has
announced his Intention to retire from
active ministry and devote his time to
the platform and lyceum work. Mr. ;
giaa will be remembered as having de-i
livered a lecture here about a year sjro.
He la now pastor of the Christian
church at Fraakfort, Indiana. For-
est Grove News.
CALLS STATE ASSEMBLY
REPUBLICANS WILL MEET IX
PORTLAND JULY 21.
Counties Will Name 1218 Delegates
Proxies Are Eliminated by
Unanimous Vole.
Without a single discordant note, the
members of the Republican state cen
tral committee, at a meeting In Port
land Saturday, authorized Judge M. C.
George, the newly elected chairman,
to call a state assembly to be held in
Portland, Thursday, July 21.
This assembly will consist of 1248
delegates apportioned by the commit
tee among the 34 counties of the state
on a basis of one delegate to every 50
votes or major fraction that were
cast for R. R. Butler for Presidential
elector In November, 1908. Twenty
seven counties were represented at the
meeting, the proceeding of which were
marked by uninterrupted unanimity.
No Dissenting Voice Heard.
The large and representative statt
assembly was indorsed by the commit
tee without a dissenting voice on the
recommendation of a sub- committee
of five members which had been ap
pointed to prepare and submit some
method of proceedure for calling and
holding such an advisory gathering.
The members of this committee were:
R. E. Williams, of Polk; C. T. Early,
of Hood River; H. T. Botts, of Tilla
mook; C. S. Moore, of .Klamath, and
C. E. Cochran, of Union.
In counties outside of Multnomah,
It was recommended that delegates to
the state assembly be selected by-
county assemblies and that delegates
to the county gatherings be chosen by
majority vote only at mass meeting
of the voters In the different precincts,
these meetings to be called by the
county central committee. Saturday,
July 9, is the date recommended for
the precinct mass meetings, with the
date for the county assemblies fixed
for the following Saturday, July 16.
Multnomah County Excepted.
From this plan of organizing county
assemblies and electing delegates to
the state assembly, Multnomah county
was excepted. In this county the com
mittee found that it would be imprac
ticable, because of the large number
of voters, to hold precinct mass meet
ings. It was voted to leave the matter
to the county central committee with
the understanding that It would exer
cise Its judgment in adopting some
plan calculated to produce -the best re
sults. ' .
Dr. J. N. Smith, of Marion, and J.
H. Worsely, of Wasco, asked that the
same discretion be left to the county
central committee of their counties
with the result that, following some
discussion, the original report of the
committee was amended to the ex
tent that In other counties where it
was deemed advisable the method of
proceedure In electing delegates to
the state assembly might be deter
mined by the county central commit
tee. Proxies will not be allowed in the
state assembly if the recommendations
of the state commtitee are adhered to.
On this subject the committee took no
compromise position. It voted to
eliminate from the state gathering all
proxies. The committee did recom
mend, however, that the vote of ab
sent and duly elected delegates In the
state gathering shall be cast according
to the majority opinion of those pres
ent and acting from the same county.
This method, it was contended, will
insure the polling of the full vote of
every county In the assembly and at
the same time be expressive of the
wishes of the particular locality Inter
ested.
As to Congressional and district as
semblies the state committee recom
mended that assemblies for the rec
ommendation of Congressional and
district offices be held during the re
cess of the state assembly; that the
delegates to the Congressional and
district assemblies be the same dele
gates as shall represent those districts
at the state assembly; that all recom
mendations of the Congressional and
district assemblies be reported back to
the Btate assembly.
Fail to Modify Report.
Under the plan of apportionment
made by the committee, Multnomah
will have 3S4 delegates out of a total
of 1248 in the assembly. This was
made the target for an attack by
George Chandler, of Baker, and A. C.
Marsters, of Douglas, who charged
that the .representation allowed that
county was too great. They failed In
an attempt to modify the report by
providing for an assembly to consist
of 10 delegates at large from each
county and one additional dlegate for
each 100 votes cast for Presidential
elector. This would create an assembly
of about 750 delegates.
The Marsters amendment was op
posed by C. E. Cochran, of Union; G.
C. Fulton, of Clatsop, and R. E. Will
iams, of Polk, who maintained that
any other basis of apportionment than
that recommended by the committee
would be unfair to Multnomah, vhlrh
contained nearly one-third of the votes
of the state. They Insisted that the
only fair and equitable plan of appor
tionment of d-lgats was that recom
mended by the committee and that
any other representation would de
prive that county of the representa
tion In the assembly to mhich It was
.nl ; ...I Tha mnrlnn .- rffa.tktfl mnA
- .
line R-uini "i inr v -' i- - , "-i-.
, .. ,
; the following apportionment, was
adopted:
How RcprewnlatkHt Stand.
No. I le
gates. Rak-r 4
Bnnton 14
Clackamas SS
Clatsop 2
Columbia 15
Coos 7
Crook II
Curry I
.Dnuslas 4$
Gilliam I
Grant 15,
Harney
Hood River It;
Jackson 41 i
Josephine Hi
: KUunatn 11;
Lake (
Lane j
'Lincoln 1$'
Linn 44
Malheur 16
Marlon 76
Morrow 14
Multnomah 354
Polk 39
Sherman 9
Tillamook 12
Umatilla 47
Union 30
Wallowa 18
Wasco t 27
Washington 46
Wheeler 8
Yamhill .- , 40
Total delegates 1,248
George Heads Committee.
Judge George, of Portland, was the
unanimous choice of the committee for
chairman to succeed Judge 'W. M.
Cake, whose resignation was accepted.
It was with some hesitation that Judge
George accepted the office, explaining
that his health had not been good and
that he was planning to leave the
state, to be gone for some time on
that account. In taking the chair
manship, however. Judge George stip
ulated certain conditions under which
he would serve, and to these the com
mittee acceded. Responsive to that
request, he was given the assurance
that he would be provided with an
active secretary and an executive com
mittee, who would assist him to bear
the burden of the campaign.
The election of E. V. Littlefleld as
secretary was also without opposition.
To the chairman and secretary was
delegated authority td appoint an ex
ecutive committee and to secure head
quarters. These officers were also di
rected to appoint a finance committee
and to fill all vacancies on the state
committee. During the meeting Com
mitteeman Williams, who Is also Na
tional committeeman for this state,
turned over to the state committee a
balance of $115 he reported remained
on hand from the last Presidential
campaign.
Only seven of the 34 counties of the
state were not represented at the
meeting. They were: Crook, Grant,
Harney, Lincoln, Linn, Malheur and
Wallowa.
OUR MARKET LETTER
Receipts and Sales at Portland Union
Stock Yards,
PORTLAND, Or., Feb. 12 Light re
ceipts In all branches have character
ized the week's market and prices have
been steady and strong, there being
1116 cattle, 65 calves, 2461 sheep and
289 hogs received.
There Is a tendency on the part of
shippers who come to this market to
send their offerings forward in a hap
hazard and uncertain manner. This
has a tendency to render uncertain
the supply and make the buyers take
advantage of the over-supply that ar
rives on certain days. If the shippers
would disregard the suggestion made
by people whose knowledge of the
market Is limited and would ship their
live stock when It is ready to come
forward, the supply would be more
evenly distributed and there would not
be the breaks In the market which
have characterized one or two days'
business.
A load of fancy top steers sold for
$5.76 Thursday and again Friday, but
this is not thoroughly Indicative of the
general market. There has almost been
a famine of hogs and- one indifferent
load sold for $9.2 5. This Is a very high
range and there is a very active de
mand at strong prices for all the hogs
that can be sent to the market.
Sheep have been In fair supply but
the market could have taken more
without In any way effecting prices.
Following are quotations on all
classes of live stock: Best steers $5.25
to $5.75; fair to good $4.76 to $5; best
cows $4.25 to $4.50; fair to good $3.25
to $4; calves, light $5.60 to $6; heavy
$3.76 to $6; sheep, best wethers, $5.50
to $5.75; fair to good $4.60 to $5.26;
ewes $4.25 to $4.60; top hogs $9 to
$9.10; fair to good $8.75 to $9.
PLEASANT AFTERNOON
Ladlm' Aid Society Entertains at the
Home of Mrs. A, 8. Camplx-ll.
The Ladlis' Aid Society of the
Methodist Kpiscopnl Church enter
tnlned the Indies of the church at the
home of Mrs. A. 8. Campbell last l-'rl-i.iy.
The home wns prettily decorated
with red carnations and Oregon grape,
and hearts were used to carry out the
Valentine effect. A short musical and
literary program was greatly enjoyed
by all. The numbers of the program
were readings by Mrs. W. R. Howe
and Miss Terklns, and songs by Mrs.
J. C. Uglow ,and Mrs. George ("onkey,
of Independence. A guessing contest,
entitled 'The Flornl Ive Tale," was
won by Mrs. Will Greenwood.
About sixty ladies were present The
out-of-town guests were Mrs. George
Conkey and Mrs. Claude Skinner, of
Independence. Mrs. Theo Farlngton
and Mrs. J. A. Lynch assisted Mrs.
Campbell in receiving the guests.
Ught refreshments were served and
added greatly to the enjoyment of the
entertainment.
Company, Attention!
Headquarters, Company II, 4th In
fantry, O. N. Q., Dallas, Oregon.
Company Orders No. 7 Company
H. 4th Infantry, O. N. ., la hereby
ordered to assemble at the Armory.
Dallas, Oregon. Tuesday evening, Feb
ruary IS, 110, at 1:15 for Annual
Inspection provided by the rules and
regulations of organized militia of
( (rrgon.
L. A. BO LI-MAN,
Captain of Infantry.
Commanding Company IL 4th In
fantry, O. N. O. I--t.
The New fctjl Itot
Joe Cohn. the Fpokane magnate, has
brought some curved bats from Chi
cago with which the batter Is supposed
to hit the ball with the Inside of the
curve. rVme of the White Box used
the bat last year. It Is the Invention of
a Chicaa-o man. When a plsyer wants
to worry a pitcher, he will probably
turn hn curved bat the other way and
hit fouls for ten mlnutea.
Ice cream at Oeorg Coad'a.
Hughes & Bird
Land Company
329 Acres 100 acres cleared, price $30 per acre
240 Acres 100 acres cultivated, " $35 "
146 Acres 60 acres cultivated, " $40 ' "
Nice city property for sale.
List your farm with us. Homeseekers are arriving
every day and we want to show them the place you
have for sale.
HUGHES & BIRD
LAND GOflPANY
BROOMS
are high, but we want to say that we can sell you many things in the
Hardware line at better prices than ever before.
We watch the market and buy in quantities large enough to de
mand a low price and we get it. The result la that which you have ex
perienced "That We Sell The Same Grade of Hardware at a less
price than others do." " ,
If you have never traded with us, we would suggest for our mu
tual benefit that you give us a chance on the next bill you Intend buy
ing. Special See our new arrival of 750 pieces of fancy glassware
on the 10 and 16 cent counter.
Guy Brothers
Hardware and Plumbing
ELECTRICITY
FOR LIGHTING
Is only expensive to people who are wasteful and careless. To you
who are naturally rarcfull, It does not come high.
It Is economical because It can bo quickly turned off when not needed.
With gas or kerosene there Is the temptation to let light burn when not
needed to save bother of lighting and adjusting. In some homes the
electric light bills amount to only one or two dollars per month. You
can probably get some kind of artificial light for less money than elec
tric light, but does it save you anything when it limits opportunities for
work and recreation ruins your eyesight smokes your walls mars
decorations and Increases household work. You could probably save
a dollar tomorrow by going without your meals but It wouldn't be eceon
omy. It Is not so much what you save, but how you save that counts.
WILLAMETTE VALLEY CO. RATES Residence on meters, per
Kilowatt 16c; Residence, flat per month, 18cp 60c. RATES FOR BUSI
NESS HOUSES 25o per drop and 6c per Kilowatt up to 10 drops; over
17c per drop and 6c per Kilowatt A drop figures 16cp or less. For
power rates apply at the office. We ar always ready to explain the
"ins and outs" of the lighting proposition" to you, call on us or phone to
us, we are never to busy to talk business.
Willamette Valley Company
E. W. K EARNS, Manager for Hallos.
Office on Mill street. Just north of the Court House. Phones Bell 421,
Mutual 1297.
Just Received a Full Line of
Heating Stoves
Prices from
$1.50 to $16
FALLS CITY HARDWARE CO.
FALLS CITY, OREGON
DALLAS' POPULAR GROCERY
We carry the famous DIAMOND "W"
brand of Extracts, Spices, Coffee, Tea
and Canned goods. Fresh bread daily.
The very best of fruits and vegetables can
always be found at our store.
Simonton & Scott
Dallas, Oregon