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DAILY CAPITA!. JOTOKAL, SAXBM, OEEOON, THURSDAY, SEPTEMBER 15, 1904.
Tl f T) Pimples, rashes, eczema,
JDCUX JljIOOU boils headache,nervousness.
debility these are some of
the results of impure blood. Your doctor will tell you how
Ayer's Sarsaparilla makes the blood rich and pure. iSiAl'SSSi'.
GRAVEL BAR CASE
DECIDED FOR CITY
Judge Galloway Concludes That Plain
tiff Has Vested Rights in Min-
to Island
H 1 H M j..m.M.n -M 1 1 g t, i I. .
f SOCIAL
EVENTS il
Judgq tfolloway this morning handed
down his opinion in tho ease of tho City
of Salgm vs. Minto, Uros. The facts aro
stated iutfao opinion, which is as fol fel fol
eows: This is a suit in equity brought in
this conrliHy tho Olty of 'Salem as
plaintiff, ngainst D. C. Minto, John W.
Minto; John Minto and others as do
fondants, to enjoin tho defendants from
interfering in any wanner with tho al
Jegcd rights and privileges of tho plain,
tiff to remove gravel from a certain
gravel bar annexed to that island, sit
.noted in tho "Willamette river, in Ma
rlon county, Oregon, commonly known
as "Minto'a Island."
Tho complaint sets forth a wrlttjn in
strument entered Into on tho 13th day
of March, 1809, between John Minto
and M. 'A. Minto, his wife, us parties
of ho first port, nnd tho City of Salem,
nc party of tho second part, nnd nsks
tho court for n perpetual injunction
against tho defcmlants.rostrninlng them
in nny way from interfering with the
as prayed for in hc further nnd sepa
rate answer of defendants, I think
should be disposed of in much the same
way as the first. It seems to be clearly
established in all the cases I have ex
nmined tlmt where there is a mistake
in n written instrument, which is mere
ly one of expression or in terms such
as an inadvertance or omission of the
scriviner, equity will act specifically in
reforming the instrument by way of
correction so ns to placo both parties
in tho position they would have occu
pied had the instrument been first cor
rectly drawn. To warrant tho remedy
of reformation, however, the mistake
must havo been mutual and must, If not
admitted, bo clearly established by sat
isfactory proof, as well as the prcciso
form nnd import of tho instrument in
tended, In this instunco the proof of
mlstako 1b wholly lacking, and there
fore this matter may bo considered out
of tho case.
This brings us to a consideration of
8-M-l 1 1 1 1 1 II H 1 1 1 III H-M-frH
Lnckey-McElroy Wedding.
Miss Lillian Patton-McElroy and
Lester Alexander Luckey, of Eugene,
were married at the home of the bride's
aunt, Mrs. J. P. Frizzell, corner of
Court and Summer streets, last evening
at 8 o'clock.
Tho Frizzell home was beautifully
decorated. Tho front parlor was a
veritable bower of flowers nnd potted
plants. The colors, white and gTeen,
were carried out with white china as
ters nnd palms. The back parlor was
in red. Quantities of crimson dahlias
wero massed against a background of
ferns and palms.
At 8 o'clock, Miss Alicia McEIroy,
sister of tho bride, played Men
delsbon's wedding march, and little
Agnes Mnrio McEIroy, niece of the
bride, entered bearing a basket of
roses," which she strewed in the path
ing which Miss McEIroy played Ruben
stein's Melody.
The bride was never so pretty as in
her nuptial robe of white silk mulle
over taffeta, and carried a shower bou
quet of bride's roses.
Miss Grace Bineman caught th c
bride's bouquet. Littlo George McEI
roy received the guests at the door.
After the congratulations, a dainty
wedding lunch was served in the din
ing room, which was in pink. The table
was very pretty, a huge center piece
of La France roses, about which wero
draped sprays of smilax, gave a very
pleasing effect. Miss Rineman and Miss
Cleaver assisted in the serving.
Tho brido is tho eldest daughter of
Mrs. E. B. McEIroy and the late Hon.
E. B. McEIroy, and is a beautiful and
accomplished young lady. Her home
is in Eugene, and sho is very popular
in the society circles, and is well-known
in this city. She is a sister of Prof.
Willis McEIroy, leader of the. Salem
Military Band.
Mr. Luckey is a prominent young
business man, of Eugene, and a gentle
man of sterling qualities.
Many friends from Eugene nttended
of the bridal party. Mrs. J. P. Friz-' the wedding, together with a large cir
MARKET QUOTA
TIONS TODAY
"Make Salem a Good Home Market"
gel was matron of honor, nnd Miss
Myra Lovcride" acted as maid, of honor,
while E. It. Travis supported the groom.
The ceremony was performed beneath
a beautiful bridal bell of -white sweet
peas. Rev. David Errett, pastor of tho
First Christian Church pronounced the
solomn nnd beautiful ring service, dur-
clcof relatives and friends from this
city.
The Tiappy couple have gone on a
wedding trip to the Puget Sound cities,
after which they willl return to Eu
gene, where they will make their future
home. They havo the best wishes of a
large circlo of friends.
rights of the plaintiff in removing grnv-
cl from said bar; also ns a considera
tion nmonff others, for tho execution of
aid instrument by tho defendants to
tho plaintiff certain nets doio nnd per
formed by the plaintiff in and nbout
tho procuring of title by Minto to wild
gravel bar from tho State of Oregon.
The nnswer after denying all tho ma
terial allegations sot forth in the com
plaint sots tip, by way of new matter,
mutual mistakes in tho execution of
(aid instrument; that tho instrument so
executed is n mere Hconse and therefore
revocable nt tho will of tho defendants,
nnd nsks for n clocreb" of reformation
that, said instrument bo dcclorod a
mero license, recovnble at tho will of
tho defendants, and un order restrain
ing the plaintiff from further exercising
any rights in or upon snid land.
The reply controverts tho new matter
set up in tho answor. Under tho plead'
inga thus set forth, in substance, nnd
tho evidence introduced, tho following
questions seem to bo involved;
1st. Did the stnto hold title iu tho
gravel bur at the time the complaint
mentions tho plaintiffs as stoking title?
,2d, Undqr the pleadings and ovi
deuco Introduced, should tho instrument
upon which tho suit is lmaed bo re
formed ns asked for iu the nnswer I
3d. What U the legul effect of the
instrument executed by tho Minto, and
is it revocable nt tho will of tho defend
nnts, or wholly irrevocable.
Tho first of those mentions is disposed
of by ii decision of uur Hiipremo court
(Minto vs. Delnney, 7 Or., 837) where
in it wns definitely duahled that the
state of Oroogu was not posseted of
titlo in snid grnvel bur, but that the
auto was the property of Minto, by
reason of accretion, This dispose of
this point, and It will not be eon Mil
ercd. further.
Tho ftommd question, ns to whether or
not this Instrument should be reformed,
I-...., u...! mo r luiioiuciuwuil U
the vltnl question in this case. That i
whother tho instrument executed by
tho Mlntos to tho City of Salem is a
mero license, rovocablo ut tho will of
tho defondnnts, or whethor it is so
coupled with an interest in tho gravel
that it is thoroby Irrovocablo. Prepar
atory to deciding tho case I havo ex
amined a lnrgo number of authorities,
tho majority of which I have found col
lected in tho nptos to tho enso of
Wood vs. Ledbctter, 13 Mccson & Well
by 's Reports, 84C, 8-17, reported in tho
10 English Ruling Cases at pago 40, and
tho enso of Piper vs. Brown, 10 Law
yers' reports annotated at pago 497,
and 1 must say that tho authorities up-'
on this branch of tho law aro very con
flicting, nnd it would bo with consid
erable hesitation that I would render
tho decision upon this point that I am
nbout to unuaunce, if it wero not for
tho opinion of Judgo Lord in tho enso
of Bingham vs. Snlone, reported in thel
loth Oregon, nt pngo 208, which I deem
applicable to this question.
Therefore, tho decision of tho court
will be thnt tho plaintiff has a vested
right iu tho gravel, and tho right to ro-move-
tho same from tho premises do
scribed in the instrument set forth in
the complaint and nnswer; that tho in
junction prnyed for in plaintiff's com
plaint bo uml the same is hereby grant
ed. However, I think tho conditions men
tlunwl in the instrument, ns to tho
manner nnd place of removal of tho
gravel should bo striotly compliod
with, nnd, while the court thinks that
the failure of tho city to comply in not
removing tho gravel from the northeast
end of the gravel bar Is probably a
proper subjoet for a law court, never
theless, having tnke"n jurisdiction for
other reasons, tho court thinks that
there bhould be Incorporated In the de
cree those- restrictions on behalf of tho
defendants, and such will be the ordor
of tho L'tiurt.
Free Information
About the World's Fair
II vou havo nny idva of visiting tho World's Fair thi
year, ask mv today (or a copy of our World's Pair Folder.
It t?H just what you want to know nhout railroad
tickets, baggage nrrongomants, sluupiug car berths, how
to roach tltu Imposition grounds, what to do when you
get there, how to sou tho lnir to the host advantage,
how to get a boarding plaow, and answers nearly every
question of this charactur thnt may bo nskod.
Contains map o! the Pah; grounds, of th City and
of tho Burlington Koute.
Pre for the asking A postal card will do.
Kits.
A. O. SHELDON.
QINCHM. AQKNT BUHUNQTON ROUTS,
tOO Tmao Brnsa-r. PORTLAND. OHK,
PRICE LIST OP S. FRIEDMAN
NOTIONS.
Adamantine pins, per paper ...,1c Standard pins, per paper 3c
Extra quality pins, per paper ..4c
THIMBLES.
Thimbles, ench lc Steel, each 2c
NEEDLES.
Extra quality, per paper , 4c
SOAP.
All 5c sellers, per box 4c
Fancy Lubin, 25c boxes, per box 8c
Extra Woodbine, 50c boxes, per box 15c
Best Williams Shaving Soap, per bar Sc
SUSPENDEES.
15c grade, per pair 8c Presidents, por pair .... ......39c
SHIRTS.
$1.00 grade, white each 50c
$1.50 grade, white, each ! 65c
Extra flno unlnundered, worth $1.00, each 31c
Fnncy colored, $1.50 to $2.00 grade, each C7c
Fancy colored, 75c to $1.00 grades, each 47c
Fancy colored, 50c grade, each ". 35c
NEOKWEAE.
75o grade, each 35c20c bows, each 10c
50c grado, each 20cl5o bows, each , 5c
25c grade, each 17c 10c bows, each . .' 3c
25c bows, each 15c
COLLARS.
Sizes 11, HVi, 12, 12V6, 13 and 13Ht, nny in tho house, 2 for 5c
8izes 14, 14 (in good brands), oach 4c
Our wholo stock of furnishing goods is marked down' to less than
two-thirds thoir value.
IN LADIES' FANCY OOODS.
Best Spanish blnck silk laces aro marked down to half thoir values.
Linon insertion, hand made, worth 15c to 30c per yard, goes for per
yard '. 4C to 9o
TRIMMINCIS.
Silk nnd wool passementerie, worth 40c to 75o per yard, sells from, per
ynrd 7c to 12c
Funey jet .trimming, worth 40c per yard ....'. 8c
Fancy jet trimming, worth $1.00 por ynrd 35C
Silk and jot trimming, worth $1.50 to $3.00 per ynrd 50c
Ludlos hair and hat ornaments nnd buoklcs and slides, worth from 25c
to $1.00 ench, goes for, each.. 8o
Ladies' kid gloves in sizes 5, 5'4, 5ft, $1.00 sellers, for 20c
Ladies' $1.50 gloves for '. 30c
Ladies' $2.00 gloves for coc
Ladies' silk gloves, worth 75c, for 40c
Ladies' silk gloves, worth 50c, for.... 30
Ladies' silk gloves and mitts, worth 35c, for I8c
LADIES' SILK OIBDLES AND TASSELS. $
Worth $1.50, caoh 25c "Worth $1.00 to $1.25, each ....20c
Worth 50e to 75c, each 16c
SILK CORD.
"Worth 4c per ynrd, for lc"Worth 0a to Sc, for 2c
Worth lOe to 15c per yard, for. 4c
BABY RIBBON.
Black, bolt of 10 yards ia
811k binding ribbon, any color, worth from Sc to ICa per yd, goes for 4c
BUTTON MOULDS.
Any siae wo have, per dozen .....k , 2c
Ladies' tailor buttons, per doaen 2,.
All kinds of fancy dress buttons, wqrth frem 10c to 9$e per doien, coos
at, per dozen 3C
Jet buttons, worth from Sfle to 35 per dom, far par doaeu 5c
Pearl buttons Half pr,co
SUITS.
You will get a suit far $0.80 well worth $12.00
You eau get a good stilt for $S.0Q, well worth $15.00
A suit for whlah y pay us $10 to $12 ymi will pay elsewhere bo less
,,R " $20.00
OVERCOATS,
You should sae wr overcoats before buying. Anything that we have
.not mentioned in this ad. you will find that our prides on the same has
been reduaad no less than oue-tblrd of ita vuluo.
Chtldren'a overaoats go at 60e on tho $t.oo
Children's salta marked dawn to tJ5o ou the $1.00
See wbat a alee salt yoa eau buy of u for $4 JO, it is werth $5.00
Then see what aon buy with $5.30, a sulf wtjrth , ..$10.00
CHILDREN'S GOODS. -
Boys caps, worth Sfta, fer each 15
Hays' aapt, wertb 40 to SOe, for eaeU o
Bays' faney hot, wrth We, 75o and $1.00, oath 25,.
MEN'S OATS.
"Warth W, far eat 15o Worth. 50c, fer on ah 33
MEN'S STIFr IIAT8. .
Gray and brawn, worth $.0 to $4,00 50
Blaek, regular prico JS.W, our pri , 41.50
Worth $4.00 for $too
Our whole line of hats are marked down to twa-thlrds of their value.
.. ..... j., jvu w vvmic 10 an oinio Birrvt twiiig jw ineaa Vv&r '
yoket book, I mean, and vro will do our best to pleaae- you.
Poultry at Stelner'a Market
Eggs Per dozen, 25c.
Hens Sc.
Young chickens 8c.
Harrltt & Lawrence.
Eggs-Per doz., 22c.
Hop Market
Eggs Per dozen, 24c.
Potatoes, Vegetables, Etc
Potatoes lc.
Onions 2c.
Wood, nca Post, EU.
Second growth $5.7C.
Arh $3.00 to 18.75.
Grub oak JG.BO. y
Cedar posts 12c.
Hlaet, Pelta and ura
Green Hides, No. 1 Be.
Green Hlues, No. 2 4c.
Call Sklna 45c.
Sheep 76c.
Goat Sklna 25c to 8LI9.
Grain and Frour.
Oats Buying, J1.10 per cwt.
Barley $21 per ton.
Flour Wholesale, 8.75.
Live Stock Market
Steers 22c.
CJows ll?ic.
Sheep $1.502.00.
Dressed veal 45&c.
Fat hogs 5 5& c.
Hay, Feed, eta.
Baled cheat $10$11.
Baled olovor $10.
Bran $22.50.
Eggs 23c, cash.
Eggs, Butter and Cream.
By Commercial Cream Co.
Eggs 16c. cash.
Butter-2527.
Butter fat 22&c, at station.
PORTLAND MARKET.
Wheat W'alla Walla, 79c.
Valley 83c.
Flour Portland, best grade, $4.25
$4.70; graham, $3.504.00.
Oats Choice white, $1.201.25.
Barley Feed, $20 per ton; rolled
$22.
Millstuff Bran, $19.00.
Hny-Timothy,$1415.
Potatoes Fancy, $1.251.40.
Eggs Oregon ranch, 2324c.
Poultry Chickens, mixed, 910
per pound; turkeys, 1416c.
Pork Dressed, 0Vi7c.
Beef Dreseed, 4Cc.
Veal 67c.
Mutton Dressed, 4Ec.
Hops 1903 crop, 2225c.
Wool Valley, 1920c; Eastern Or
egon, 1017c; Mchair, 30c for choice.
Hides dry, 16 pounds and upwards,
1515Hc
Butter Fancy creamery, 22'c.
1
- il
' TIME CARD NO. 26.
No. 2 for Yaqulna
Leaves Albany !2:45 pj
Arlves Yaqulna 5:4Q py
rtu. 1. nciuinmy
Leaves Yaqulna 7:15 An
Leaves Corvallls 11:30 A,M.,
.arrives jviuauy 12:15 pu
No. 3 for Detroit s
Leave Albany ioo pu
Arrives Detroit C:00 Pjj.1
no. t from uetrou j
Leave Detroit 6:30 Av
Arrives Albany H: 15 A,y'
Train No. 1 arrives In Albany j,
time to connect with tho S. P. '
bound train, as well as giving u
three hours In Albany before depbv
ure of S. P. north bound train.
Train No. 2 connects with the g, p,
trains at Corvallls and Albany gitij
direct servico to isewport and adl
cent beaches.
Train No. 3 for Detroit, BreitenhsiJ
and other mountain resorts leaves Ail
bany at 1:00 p. m., reaching Detroit 1
about 6:00 p. m.
For further information apply to i
EDWIN STONE, Manager. ,
T. COCKRELL, Agent, Albany.
H. H. CRONISB.. Agent, Corvallk
Excursion Rates to Yaquina Bay,
On Juno 1st the Southern PaclJe;
rtM.nn mill nADt,M.A trnlA rx9 1
slon tickets to Newport and and TV '
qulna Bay, both season and Sato
day-to-Monday tickets will be soli
This nonular resort la Krowlnir in a.!
irni. onnYi vrnir intol T-no ON) fowl4I
able, and the opportunity for flchlm
hunting and sea bathing are una
celled by any other resort on the F
clflc coast.
You Can't Afford
To walk to or from the depot when
you can have a cab take you for 25c.
Simpson's stables, opposite the court
house.
HIHUIIIIIIIMIHIII
I Voget Lumber
AND
Fuel Company.
;; nougn ana dressed lumber,
;; sash, doors, lath and shingles,
ash and flr wood. Salem Ore.
Down town office 112 Court
street. Telephone Main 2451.
One block east of S. P. pas
senger depot.
$100 Reward, $100.
The readers ofi this pnper will M ,
pleased to learn that there is at least '
one dreaded diseaso that science hj
been able to cure in all its stages, al
that is Catarrh. Hall's Catarrh Curt
is the only positivo cure now known to
tho medical fraternity. Catarrh beiag
a constitutional disease, requires a con
stitutional treatment. Hall's Catarrh
Cure is taken internally, acting direct
ly upon the blood and mucous surfaces
of tho system, thereby destroying the
foundation of tho disease, and giving
tho patient strength by building up
tho constitution and assisting nature
in doing its work. The proprietors
havo so much faith in its cprativo pow
ers that they offer One Hundred Dol
lars for any case that it fails to cur?.
Send for list of testimonials.
Address F. J. CHENEY & CO., Tole;
do, Ohio.
Sold by all druggists, 75c.
Take Hall's Family Pills for constipation.
s9g
I hi iii iniiitni un i m?
JMHMINHCtHteaHiM,,
ALL KINDS OF FRUIT TRAYS
AND ORCHARD BOXES at the
shop of
G. F. Mason
Miller street, South Salem S
PHONE 2191 Red.
e a a2
a IMOKPACSHO
Three Trains to the East Dally.
Through Pullman standard and
tourist Bleeping cars dally to Omaha,
Chicago, Spokane; tourist sleeplni
cars dolly to Kansas City; through
Pullman tourist sleeping cars (per
sonally conducted) weekly to Chica
go; reclining chair cars (seats frw)
to the East dally.
70 " HOURS
I J PORTLAND TO CHICAGO
Ho Chaaie of Cars
70
DSP AST
FOR
Chicago
PortUnd
BcecUl
9 IS a. m
m Huntington
MUntlo
.Kxpreai
8:16 p. m,
via Huntington
PILES BTOrsuMosTionj
OrvM tckMU, S!4lM,t u. r11, Tv,"f". IM
'i.T,.V.,l l.i TI .,T.
n.t - 1 - i! " .l ftj U .. .
zr-r "" nxt, w iw. u-;r .
i "nun h.t,m ..... r "-- l
mrurm trirmrm . ' ""c1ti p.
old In Balem by 8. c, atone.
J-" or rrw 8amlaa.
- C- T CO-'S PA88ENQER' j
POMONA
and Altona leave for
Pcftland daily except Surv
day at 7 a. m.
Deck: Foot of Trade lr-
. M. P.BALOWINLA itr1.
"" nf
SUFaol
PutMUt
6 V i . a.
Bpokan
T1MB0CI1EDULE8
From PortUnd, Or,
Salt Lake. Denver. Ft.
north, Omaha, Kanaic
Cltr, St Louti, OUcao
-MM CVI.H.
jail Laka. lnn. w.
Worth. Onilii v.n...
Oltr, 8t. LooU, ClUcago
tndEatu
WalU Walla. LewiKon.
spoaane Wallace, PaU-
'" iumnsarout BL
rani, rtnlnth ll....kn-
Ohlcago, andKast.
ABBTVB
FBOM
5 25p n
7.15 a, a
8; u
Ocean and River 8chedule.
For San Francisco Every five day
at 8 p. m.. For Astoria, way pot
and North Beach Dally (except Sun
day) at 8 p. m.; Saturday at 10 p. m.
Dally service (water permitting) on
Willamette and Yamhill rivers.
For fuller information ask or write
your nearest ticket agent, or
A. L. CRAIQ,
General Passenger Agent
The Oregon Railroad & Navigation
Co., Portland, Oregon.
BX-CUNN'S onion
WBSYR0P
ulifltr. ? torai a brae twttlea for 60 ct
iii M will ,mi you a Sampl mutt fH.
lev
Ja4!'! 'fH'-V--?!
!igyrBt,lM
SEXZ2I9SE&
wliWlhw wWrfJ.N