The Oregon mist. (St. Helens, Columbia County, Or.) 188?-1913, November 10, 1911, Image 1

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    THE OREGON MIST
VOL. XXX.
ST. HELENS, OREGON, FRIDAY, NOV. IOy 1911.
NO. 61.
NEWS OF
HAPPENINGS OF
AROUND
LOCAL ITEMS:
SOCIETY
D W. Price, the merchant prince ol
LappiKwr, attended to bulneae in I he
ttjr Monday.
Tbt Udiee Aid ol the M. K. Church
bill meet witn Mr. I.. R. Rutherlord
, Wednesday Nov, 16th Wll.
Ju. P. Htapleton, a prominent attorney
U Vancouver, Waal, we transacting
L rurlnete In the City Thursday .
Frtd Watkin took a trip till wee.
ii. hmrded tha Schooner Yellowstone on'
Jfoedtyaiid went tJ Aberdeen, ttwli;
...
L fertile epcrleuceol a aea voyage,
Yai be tayt he don't want any mora ex-
Lrifoce thia tlma ol tha year.
The Ladles Auxiliary of Christ Church
.11 bold a tp.-clal meeting at th (iulld
Htll on Tuesday afternoon neat, to pre
Lrt the miaaiunary box to be aent to
uka. Frieude who ara Interested in
La aiirk arc invited to atteud.
Rtv. an J Mr, f. A. Wilton ol Port-
Lml will hold meetings at (he Wesleyan
Lurch commencing Sunday F.venlng
12th. Thene meeting will he held
lvryveuing aud all are Invited.
Local Mutic will lit) liirui'hed for Hie
Lie Ball tunc Saturday nigh', luttend
Portland Mutic a advertlM-d.
llrt. Maud Van Denial ol l'irtlaiid, it
litiog with her mother, Mr. E. -II.
PCX-
Jin. H C WickofT. ol Kugrne. for-
itrly of lloiilton. it visiting her sinter
Vrt. C. T. Pretcott at lloiilton.
Mrs. Iicluiar Maaten ol (he camp tul
f uatiUy in town.
Mr. and Mr. ShatU ol Portland
inent Sunday with their daughter, Mr.
t Jpne HUkealey .
AbtNeer, the Mayor of NecrGty and
Wfol tha oldest pioneer ol Columbia
oanly.tranaac'e I buiineae In the city
redoeaday.
Mr. A. W. Mueller ent Saturday in
Portland Tinting (rlendt.
M. J. Meeban ol (eir Island tran.
(acted bmineta in St. Helens tbi week
Tbt Tea liven la-t TuemNy by the
4dieaol the Guild wa a decided tuccea. I
i large nuuibcr of twuK ipla were j
Urt at well at several from the aur- I
handing country. These "Teat" are I
"coming quite popular.
Mn. I. W. Richardson returned h um '
Fedneaday Irom the hospital in Port-
M, Where iliB ha b en for nine week :
ovtriug from an oeration. Her
Ndiiion is all that rould 1 desired aud j
Complete rratoratioti to good health it
wired her.
Mn. K. II. Flagg will hold an auction
W ol her household good at the retl-
tence on Saturday afternoon, when all
w bed iteadt. tualree. springs,
Ptatk and Dairy Farm for Sale-
Good Equipment. Ona hundred and
Mty acre. Hornet and Cattle on the
'lac. Inquire at tint office. lUay term.
ESTRAY NOTICE.
Caaia In itiw nnm mil we.t of
Kappnose, Ore. on Aug. 1 at 1011, one
7Uck and white Bull Call welching
Vbout 200 pounds. The owner it here
by notified to call, pay charge and take
MAl ti.Bv It ill lm .-ririline
Maw.
Gust I lien.
Hcappoose Ore.
iaet For Cannina
L .The bctii variety, the Asparagus Bean
phone or Cull on L. Roaaasco St.
Hi I-
". Ore,
ray caah fitr anv Oreeon Seaaiont
1 lielore 1M1. AIm rant Senate
'onrnalt 112 and 114. A No Code 1RM
'onmal of Council IBM, Hiatn'ea 1R54,
"J m, and Cnle of Civil 1'roceduce
""ntteneral Uai 1;2, aid Aichive
'H.I-lHin. write Geo. A. Bateaolt & Co.
C I'ortlatd, Ore.
K0U RALKOne 8 X 10 tent, good at
for .V,0. Apply at thia offlie.
J OR 8AI.K A Urn
hlffhts clone In and a fine view of the
"vrr. J XV Atl
HOUSE FOR RENT
Bavan f...i....j it
large yard, garden and frail. In-
"ra. . ii. riag.
ALL KINDS
INTEREST IN
ST. HELENS
AND
PERSONAL MENTION:
NEWS
wah atamlH, dining table, Hand, chair,
rockera, louiigei, raUgc, atovet, (lulmn
and various other article will 1 told to
tha bighmt bidder (or raah.
Iui Laliwi, an intatie patient
Irom Salem, and a , rnident ol thia
county, cx'Hped Irom the Atylum dur
ing the eaily part of thn wt-ck and
walked to hi lor in near Warren. Mr
Kciiiuiui. hi guardian, brought him to
town Wedupolny and notillvd the
authoritiri and an attendant Irom
Salem rame down and took him lu k.
Thia it tha aecoud lime Mr. Iflewig
baa e.prl from the asylum ilnce hi
condnei'ient there, each time coining
d reel to hi farm home in thia county.
The Itdiea Tuenday Evening 000 club
wat organized at the home ol Mr. F. A.
(teorge Inn Tuesday with a tnrmber
liipoll2t sturt with. Meeting will
Ik hald at ditTermit reiidfncea during
the winter ami nt the conclusion ol the
araion a valnitlila pria will he awarded
to the brat player. Mra. W. A. Ilarri
t now leading for the tirst honor. There
teem to lie a lurking mpicioti In the
mind ol the uiemtare ul a certain
lodtft, Vkboie mcliiiga are held on Tues
day night, that thn club waa orgunizeil
lor tlia purp-M of getting even.
There will b service in the Christ
Epitcopal Chun h neat Sunday evening
Nov. 12at7:l.'i.
Yratnrday and tixlay tin Broil n I in
tbi vicinity baa been coveml with
anow and the weather haa boen any
thing but cheerful.
Cow'lu atrvet i all torn up with a
ditch being dug f.rthe purrewe of put
ting in a teaer from Columbia Street to
the river. Thin do the improvement
keep up.
I.telc ol tpice thia week prevents
printing quite a number of interesting
lorU, but the paper it full and we cant
eulare it jutt now.
I'rol. Wilkarion'i baby hat been quite
ill for the lutMt two weckt but i now
improving.
FrelAdam. the popular itock man
from iKn-r Island, tranrarted buiineas
In Ion i Wed lies lay.
K. A. Mile I ipending the week in
St. Helens. The Mile family have
taken up their residence in 1'ortland
but Sim finds it v.-ry hard to leave St.
Helen, where be baa made hi home
lor HO yearn, and where he has quite
large businftt interests, i he upend a
considerable limn here yet
lputy SherifT J. K. Campbell, of
Clatskanie, on Tuesday brought to the
county Jail one Andrew charged with
buiglaly in a aaloon at Clatskanie, and
turned him over to the tender tnercie
ol Sheriff Thompson, under whoae
charge be will be until tha (Irand Jury
meet again.
No developments ol an important
nature bave.taken place In the VUst
murder case. Bert llreen, the uspect
onder ariet, isttill in Jail and minor
circuuiitance goto make the tutpicion
ttrongtr against him. Sheriff Thompson
and deputy Lake, assisted by some 1'ort
land detctlve. are still working hard on
the case, and before long they will
probably have something ol importance
to give to tb public.
Thoinaa Ilnse, of Qnnicy. wa in the
city today looking after buwnesa mat
ter Mr Justice llaen, of the St. Helen
Justice Court, performed a ceremony
fiis week which mode Mis Dorothy
Clutter, nf IjiCenter, Wash , and WU
nn Spimnogle of Ilainier, husband anil
wife. They will resident Rainier.
J. W. Patrick, of tioble, was in the
City Tuesday.
Dr. and Mr. Jeffioit visited with
frienda in 1'ortland last Sunday, return
ing on the Iralda, Monday.
The Fraternal Union of America will
make temporary organlxslion nt the K.
ol T. Hall on Friday night Nov. 10-1011.
A goodly number ol applicant have
signed up and all are requested to be
present Friday evening.
The cry "back to the farm" ha evi
dently had it effect upon our good lol-low-iownoman
Ii. E. (Juick, who ha
bought a five acre tract ol land near
lloulton and, we pretume, after awhile
Mr. Quit k will give up the hard routine
work of making abttract and take np
the les laborious, tatk of grubbing
ttumpt.
COUNCIL MEETS j Encampment Organizes
At the regular meeting of the t. i- r . xt m
iu ii s i I . . i Columbia Encampment No 77,
Council hel.l on Monday night the wa3 instituted in St. Helens last
regular Tnuthly grist of bills Saturday night and Odd Fellows
were allowed and other business front Kainier, Houlton, Scap
transacted. The petition of J. I P?e and Portland were present,
H Cronkite and 10 others for ,n larpre numbers- The Camp
ti. ronKite ana u otnera tor 8tartsout with a charter list of
improvement of Hemlock Street 55 members, all but 9 U ing
was read and ordered printed, newly initiated. The teams from
Application of School Directors Ellison and Golden Rule Ca:n:n
ffirtho nriuilo.ro f rr,ni,oMmr
school house sewer with Colum
bia Street Sewer waa discussed
and decided to allow such con
nection provided the School Dis
trict pay own expense and
one-:
i . . . .
half expense of putting m a 12
inch sewer from the Cox corner
to the River. The matter of a
new
sidewalk from the M. E.
Church to the School House
wag
discussed but no action taken
Sam Grouch Knocks
P.vurv man woman and child
in St Helens who has been read-
ing the advertising for the com
ing Lyceum Course, and ap -
preciate what it will mean to the
cnmmnnitv. m lii-k pl to think
that we have advanced far i"i
n,.,irrb Knr.i,rl Biinli fln Pntxr-
"-if
. , . n . r.
prise; All dui &am oroucn; oam
is "agin it"; He "just CUm
from the east where alX)Ut every
hamlet boasts of its high school
and lecture rourse; he believes
that the West is making a sad
mistake in attempting to improve
uion its old time free and easy
standards of intelligence and cul-
. Tt,., mm!itn,n vLhn ro.!1
III C, iwiiiiiwuiMii ......
, t 1 r. -.t.
centy approached Sam with a
' 11 i .
retiuesi mat, tie purci ut- a
ly ticket was met Wltn an em-
phatic "No Sir-ee; VOU don't
koch me going to any more of
them'er things". On k ing press
ed for an explanation of his un
due emphasis, loquaciously re
lated his experience. "Oh them
things aint no good; Back in
Tllinmr wonpp sold me family
. . , . . ru IL.
ticket to one of those Cha-talk-
quays, all me same ujceum
course, except the whole show is
one week instead of takin' the
whole winter like you fellers do;
Wall I went up one day and daw-
gone, there wa'nt a single strik
in machine on the grounds, nor
a cane rack, nor a merry-go-
round: and the boys wa'nt doin'
nnthin but lUSS lissenen. wa'nt
throwin confetti nor raisin Ned
no-how. Course I got more rea
son too: The old woman and the
kids they was just crazy about
them shows; my old woman and
I been married 10 years and she
never been away from home-except
to some of the neighbors
until this business and now she's
just crazy to go to everything
that they call refined entertain
ment; And you know my gal,
wall when she cum back from
them Boston Lyrics, she says
Pa you got'ter buy me a pianner
so I can play like them wimmen
Daw gone I cant buy no planner.
times is too hard you know. And
my boy, when he see that Reno
do them fancy stunts he just
went wild like everybody else,
and whe he heard that liov.
Hoch what pretty nigh busts his
vest with oratory and makes
everybody go way feeling good,
he says to me; Taw l m goin to
lie a man like him so now I
pose I gotter send him to high
school stead of havin him work-
in and I drawin' his wages. No-
sir-ee you don't ketch me buyin
any more family tickets . bee
our ad on Page 4 this issue.
Methodist Episcopal Church
Sunday S hool
10:00
11:00
11:30
7:30
70
r reaching
Kp worth League
Preaching
Mid-week servl.-e Thursday
Portland were here in full
force and exemplified the work, 1
which took all night long. At 12 I
o'clock the large crowd of more
than 150 repaired to the Orcadia j
Hotel where Mrs. Isbister had !
)reI,ar(-'f a luncn, ana sucn a
1uij1.11 as win iievtrr uc iuf kullcii
by those partaking. KAfter
lunch, work was resumed in the
Ixlge Hall and kept up till 5 A.
! M. When everything was over
tne Encampment of Udu t ellow-
biiiij was a reaiuy in toiumDia
j County and promises to become
1 one of the live orders of the
County. The following officers
were chosen: Capt Spinner, C.
P., Grant Iioby. S. W., C. W.
Emerson. H. P., Chas. Blakesley,
Scribe and C. W. McCauley,
Treas,
REUBEN NOTES
i j. M. Lindsay and wife. J. w. Patrick
1 and n aUi inl.d the rounna irnc at
laiiktoii list Milurduy. Ihtyall re-
M,n "''- "
A Wuit tlu!j w,lu 'uHuber,hip of
: .v.
1-0
a at ori-.ini.'.cd Saturday eveniug at
tM K.ti(eDCe oJ Mr aad Mrs T c.
WatU. The following officers were
1 elected : T. C. Watt President ; Mrt. i.
8. Snyder Vice Vreaident ; Mra. M C
Jordan See. Mra. tierue Iarran Treasur
er; G. S Snyder, It. II. Tipton and. Al
bert Laram aa a coiiimittpe on rnlea and
programs. Mednmes M. C Jnrnan,
T S. Linton, mil ti. A. Latsoa a com
j '" " entertainment. The cinb win
entertained next Satur.lay evening
, if ..
by Mr and Mrs m. Hybeiger.
. , , , ,
j Tuesday the pupils of the grades had
, IUn0eit.B pr,y. The g,ns prepared
, ainly luncheon and the boys gave a
'beautilul Jai Volantem th.iw. i .ame
a ere played ami every one went nome
louking forwjrd anxiuutly to the nexl
one.
Tucsdiiv afternoon a Muth-r's Club
waj oiganired witli 'JO pietent. Mis. Ike
Link waa elected president; Mrs. (i S
Suvder vice prefident and Mrn. t. W
Jordon, Siiretary. The program com
unitee consists of Mia. J. II. Collins,
Mn Ken 1rown
jt lo Ulret Monthy ,nJ ,0 wo k in con
junclion with the teacliers for the wcl
fure of the children.
Fur school Dist. No. 20. School re
port lor month ending Nov. 3, l'.'ll.
Whole number of days attendsnce
avemge dady attendance 3S, visitors
35. l'upils neither absent or tardy:
Primary ; Jack Alexander. Hany Bish
op, Genevieve Fowler, Jennie lie 1 1 Link,
jUknn La"". HuIIv M. Kiddy, Esther
Mc Kiddy, Kussel M Kinister.
Sam Alexander, lCrneit Archibald,
Doiothy Fowler, Florence Fowler,
t'hritste Fowler, Gladys Jordon, Ed
waid King, Jennie King, 1-ottie Mn
Kinister, Hilda McKinister, liertha
.Nusaliautner, lKira Nussbatiuiei, John
1'atrtck, Kdward Wynaute.
Gertrude F. Collins.
Mary A. Tierney.
Teachers.
Yankton School Report
Number pupils registered, 34; Num
ber days taught, 1U; whole number
day attendance, (HO; whole uumber
da) Hbsence, IS; whole number times
late, U, Number pupils neither absent
or lute, Ti; Average number pupila be
longing, 38; Average daily attendance,
32.1 Percent of attendance, U7.2;
visitois, 2;
Kull ol llouoi: Her niece Kathbun,
Wava Bolster, Edna Itonney, Iris Gril
lith, Knth Boniiey, Mildred Stevens,
Lena Walker, George Kathbun, Hazel
Bouncy, Fred Itudat, Than Hrnwo,
Kdward Saulser, George Walker, Clare
Brown, Millie Walker, Martin Hriggs,
Philip Milli, Tommy llolsteln, Alfred
Butte. Fred itaigcr, Willie Holster,
Marie Anderson.
Lower Room Numlier registered, 33;
number days taught, 111; whole number
dayt attendance, 615; wnole number
days absence, 'M; whole number limes
late, 0; number pupils neither absent
or bite, 1(1; average number pupils be
longing, .10.5; averagu daily attendance
23.(1; Percent of attendance 03.7; visi
tors. Roll of IlonoT-Ocrtie Ronney, Lena
llonney, Ora llvile, Irnia Hobinette.
Kned Tarbell, M-tble Fiitr., Amy Rudat,
Myrtle Stevens, Ada Roister, Lola Sla.
ter, Rert Lam pa, Clarence Saulser,
Ralph Rutts. Ihiirman Jellerie!, Claude
Stewart, Harry t'asst 11.
Amanda C. Iluldt, Teacher.
Pomona Grange Meeting-
The thirty-fifth quarterly session of
the Columbia Comity Pomona Granga
was held in Yankton, la-it Saturday, t lie
4th int. The attendance of inemlx-rs
from various part of the county wa
very good, most of thn granges ol the
county being represented. The lore-noon
pension wa t.iken op with loutine work
of the order. The report of the lubordi
nate granites showed that the order in
Ibis county is still progressing and doing
go h! work.
Miring the uoju hour thofe present
nai down to the long grange tables and
freely partook of the many good things
always found at a grange dinner.
Part of the afternoon session was open
to the public, the hill wascrowded to its
utmost capacity. Prof. V. R. Gardner
Associate Profeosor of Pomology, in the
Oregon Agricultural College, gave a
very interesting talk on tolls, and the
starting of an apple orchard ; emphasiz
ing the fact that each locality must
ascertain the variety adapted its soil,
drainage and climatic conditions and
raife that particular variety.
Following the lecture of Prof. Gardner
State lecturer, II. A. Darnell, gave a
good talk on the importance ol the
Grange, organisation and its work in
state and national all'airs.
During the afternoon session, a reso
lution was parsed favoring the appoint
ment farmeis as lire w ardens, in sections
where faiming is carried on, iiisUad of
crtoiis from cities. A rcitolutiou to
rule the annual dues of the older wae
voted doiwi.
At the tvening jest-ion, several acre
initiatee into tbu tilth degree of the
order; and a pr igram confuting of leci
tations and songs was rendered. The
following it I lm piorain.
Opening song, by the Grange,
Reading, by Mn. Frank Brown,
Mediation, by John Patiick,
Vocal Solo, by Mr. DelmarMasten,
Recitation, bv Esth r Cutts
Reading, by Mrs. J. H. Collins,
Recitation, by Iva Tarbell,
Rass Solo, by Cliailes Brown,
Recit.vion, by Fred Rriggs,
Rending, by Mr, Brown,
Recitation, by Guy Tarbell,
Vocal duet, by Mrs. Maeten and Charles
Broan.
WARREN NEWS.
On the evening of Oct. 28th Wapato
Tril No 53 of Warren entertained one
of the tireat Chiefs of the Great Council
of Oregon, the Great Senior Sagamore,
Mr. Hurt West of Scappoose together
a ith several other visiting members of
the Order Irom the same place.
The s crct work ol the Order was
very carefully aud successfully exempli
fied by the Great Scuior Sagamore, and
was very enthusiastically received by
the tribe. After which a chicken supper
was served and was highly appreciated
by all present. The Tribe hopes to
have the pleasure ol again entertaining
the Great Senior Sagamore at an early
date.
DEER ISLAND
Gus Johnson was a Portland visitor
Wednesday.
Mrs. N. A. Andres i visiting her
daughter Mrs. Cox at Scappoose thit
week.
Mrs. Nichols ol Portland is visiting
her sister Mrs. English this week.
Hill Bush and Don Rackley have gone
to ClaUkanie to purchases donkey en
gine to clear land with.
Frank Knyarts boy got hold ol a
razor and cul hit face quite bad Mon
day.
N. Pickney, Jim Gaittens and Mr.
Watd were St. Helens visitor Tuesday.
M iggitt Razey visited ber sister at St.
Helens Thursday.
Mrs. Oleen, Mr. McCune and Henry
Olcen attended lodge Tuesday night at
ths place.
Mr. Urown the agents brother was
down to visit him Sunday.
Ethel Smith rnme down to visit her
mother.
We learn that Charlie Smith is going
to Chlrago to visit hi brother.
Clnrence (lore and wife visited Grand
ma Gray Sunday.
Mr I. in bum, N. Pickney and Leon a
Pickney attended Pomona Grauge at
Yankton. They report ol having a Cue
time.
Miss A. Unit ol Yankton visited here
Saturday.
Grandma Gray i (lowly Improving.
Mr. Burn made a businei trip to St.
Helens Thursday.
Will Burn and Alex Rambolskl are
hauling logs for J. A. Gilkison, how it
it Alex T Faint heart never won fair
lady.
Helen Hamil visitid ber parent at
Deer Island Sunday.
County Coury Proceeding!
He It Remembered-That a regular
term of the County Court of the State
of Oregon, for the county of Columbia
was begun and held at the Coort House
in the City of St. Helens, in (aid county
and state on Wednesday the first day
ol November, 1911, the ame being the
time fixed by law for holding a regular
term of said Coort, when were present:
Hon. James Dart, County Judge.
Hon. John Farr, Commissioner.
Hon. W. K. Tichenor, Commissioner.
H. K. LaBare, Clerk.
A. E. Thompson, Sheriff.
Due proclamation being made, the
following proceedings were had:
Journal read, approved and signed.
Matter of Petition of S. Rock, et. al.
for a county road.
Ou thit day the report of the Board of
County Road Viewers, on the S. Rock
road was read in open Court the first
time. I
Matter of petition of N. A. Andreas et.
al. for county Road:
On this day the report of the Board
of County road viewers on the N. A.
Andreas road was read in open Court
the first time.
Matter of petition of K. L. Welch, et.
al. for a county road.
On this day the report of the board of
County road viewers on the B. L. Welch
road was read in open Court the first
time.
Matter of petition of Chas. D. While, et.
al. lor a county road.
On this day the report of the board of
County Roid viewers on the Chas. D.
White road a as read in open Court the
first time.
Matter of scalp bounty claims:
On this day the Clerk presents to the
Court the verified claim ol N J Parker,
being claim No. 22, lor 1 1.50 lor one
Coyote, and for flO.OO (or five wild cats,
and the Court being advised in the mat
ter, it is ordered by the Court that said
claim be, an 1 the same is hereby ap
prove I.
Whereupon, Court adjourned ontil
Thursday, Nov. 2,1911.
Thursday, November 2, 19U, 2nd.
Judicial Day. Court came pursuant to
Adjournment. Officers all present. Doe
proclamation being made, the following
proceedings were had:
Matter of payment to Austin Dowling
for road improvement.
In tbis 2nd day of November 1911. it
is ordered by the Court that the Clerk
be and he is hereby instructed to issue a
warrant on the general road fnnd, in the
sum of G0.00 in payment for puncheon
placed on mountain road in road dis
trict No. 13, being portion of said road
improved under special contract by
George Gorrl.
Matter of Petition of S Rock, et. al. for
conuty road.
On this 2nd day of November, 1911.
thia matter come on for consideration
upon the second reading of the report
of the board of County road viewers.
which said report was pnblicly read on
two di ire rent days of this term of Court,
and it appearing to the Court that S
Remonstrance against the granting of
said road has been filed herein. Which
contains a greater number of signa
tures, exclusive o those signing both
petition snd remonstrance, than appear
upon the petition, and the Court being
advised in the matter, it is ordered by
the Court that said petition be. and the
same is hereby denied.
Matter of petition of N A Andreas, et.
al. for a county road.
On this 2nd day of November, 1911,
this matter comes on for consideration
upon the recond reading of the report
of the board of County road viewers,
and it appearing lo the Court that said
report is unfavorable thereto, it ts ord
ered by the Court that said Petition be,
and the same is hereby denied.
Matter of petition of R L Welch, et. al.
for county road.
On this 2nd day of November. 1911,
this matter comes on for consideration
npon the second reading of the report of
the board of County road viewers , which
said report was publicly read on two
different day of this term rl Court, and
it appearing to the Court that a Remon
strance against the granting of said road
haa been Hied herein, which contains a
greater number of signatures, exclusive
ol those signing both petition and re
monstrance, than appears npon the
petition, and the Court being advised in
the matter, it is ordered by the Court
that said petition be, and the same is
hereby denied.
Matter of Petition of Chas. D White, et.
al . for a county road .
On tbis 2nd day of November, 1011,
this matter comes on for consideration
upon the second reading of the report
of tha Board of County road viewers,
which said report was publicly read on
two different day of thit term of Court,
and it appearing to the Court that a re
monstrance againat the granting of said
pjtltion has been filed herein, which