Oregon City courier. (Oregon City, Or.) 1902-1919, November 04, 1904, Image 8

Oregon City courier., November 04, 1904, Page 8, Image 8

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Newspaper Page Textoiooii.aTtxoii&tiimDAV, mmi 4, 1904. LEGALITY IS IN QUESTION Grave Doubt as to Power Courts to Enjoin. CITY WILL FIGHT CASE Many Attorneys Hold Opinion That a Legislative Body Cannot Be Enjoined. Nearly every attorney in Oregon City lias an opinion an to the legality of the temporary injunction, restrain ing the council from passing the ord inance granting: to the Southern Pa- cifl" Company a perpetnal franchise, which wag granted by County Judge Ryan Tuesday and the consensus of opinion seems to be that the injnnc tion will not stand. While some of them do not state positively that the Circuit Court will dissolve the in junction, they have grave doubts of its lognlity. The announcement that the city will fight the injunction has aroused fresh intoresc in the mutter, and the future will probably bring forth in teresting developments. The action of the council Jin instructing the city nttorney to draw np an ordinance ap propriating !)000 from tho road fund for tho completion of the South End road, will in all liklihood show the hand of the opposition to the fran chise, as many of the opposition have been accused of opposing the fran chise from solfish motives, simply be cause thoy looked Bnd sought for the defeat of the Sontli End road project and brought every means in their power to boar to delay the completion of the road. An attorney who has had consider able to do with franchises and muni cipal legal affaris, said that whilft he was opposed to the franchise, an in jnnotion on the city was not, in his judgment, the best way to bring about the defeat of the franchise. He also doubts the logality of the injunction, and says that the right way te go about the matter would have been to permit the council to pass the ordin auoe and not to place a straw in the way. After this had been done, : the peoplo, by their attornoys, could have obtainod an injunction against the railroad company, and prevented the company from operating under the grant. "The situatiaon,, as I sue it," .said he, "is like this. The statute makes a wide distinction between a steam or oommoroial railroad and a street rail way. It construes a street railway to bo a benefit to a street, as it assists tho public, but a steam or commercial railroad is looked upon in a different manner, as it prevents tho nse of the street over whioh it runs for any other purpose, and is a hindrance to public travol. BUSINESS MEN OPPOSE PROHIBITION. A petition, addrossed to the tax payers and legal voters of Clackamas county and , protesting against the adoption of prohibition in this oounty, was reoently circulated among the business men of Oregon City. The petition was almost unanimously sigued by the loading taxpayers and prominent business and professional won. Together with tho names of (lie signers, tho petition is as follows : "Whereas, on Novouiber 8th, 1004, there will be a vote taken in Clacka mas county, which will determine whether or not Clackamas county shall be prohibition, "Now therefore, we the undersigned legal voters of and taxpayers do not object to Local Option by prociuot for tlie reason that each preoiuot should have tho right to determine its own policy iu reference to the liquor tnitllo therein, but we are bitterly opposed to the principle of allowing the legal voters of more than one precinct in Clackamas county, which have no saloons, to dictate the policy in oertaiu preoiuot a whioh want sa loons. Wo condemn the principle of one preoiuot forcing upon another preoiuct certain restrictions and con. ditions t hat are not wanted by the lat ter and we rosjiecctf ully ask the vot ers and taxpayers to vote against pro hibition on November 8th, next : 0, N, Oreennian, Transfer Co. Linn Jones, Druggist. W E Carll, M. P. I Soiling, Merchant. Sol Garde, Merchant. H Strnttoii, Manager 0 K Shop. Joe Goodfellow, Cigar Dealer. 0 O Hnntloy, Druggist. W A Huntley. Druggist, A Mihlstiu, Plumber. It Pet .old, Butcher. W L Block, Furniture Dealer. E L Johnson, Laundry. F Borroughs, Merchant. H Salon, Boots and Shoes. J A Tufts, Confectionery. Wm Cnmmings, Hotel J 0 Sawyer, Guns and Sporting Goods. J M Price, Clothier. S Oldstein, Cigars. J M Lowe, M D. Geo A Harding, Druggist. . G Rosenstein, Clothier. W W Bradley, Furniture. W Robinson, Dry Goods. W R Logus, W U Tel Co Agent. John Vigelius, Barber. J R Cadwell, Merchant. T O Gadke, Plumber. G Grounebacher, Boots and Shoes. R D Wilson, Hardware. 0 W Pope, Hardware. E C Haddock, Capitalist. E Henry Meldrum, Surveyor, Frank Busch, House Furnisher. F. A. Miles. Grocer. . W. Wright, Shoe Dealer, G D Latourette, Lawyer. T A., Pope, Hardware. Chas Albright, Butoher. C P Farr, Butoher. H M Harnden, Confectionery. J N Woods. Barber. E R Williams, Transfer Co. W H Howell, Supt Water Works. 0 G Jacobs, O O Mfg Co. G W Bigham, Soda Works. W B Zumwalt, Livery and Feed. E T Howell, Dresser. R C Ganong, Miller. David Caufield, Traveling Man. JH 0 Stevens, Capitalist. H W Trembath, Constable. Bruce C Curry, Lawyer. H L Patterson, Taxpayer. John Younger, Jeweler. T W Sullivan, Capitalist. E J Daulton, Taxpayer. J R Shaver, County Sheriff. J 0 Bradley, Taxpayer. J U Campbell, Lawyer. J W Blayney, Butcher. George Reddaway, Painter. J E Seely, Grocer. R W Brown, Butcher. Henry Schraeder, Baker. Winter Rates to Yaquloa Bay. In order to accomodate the many people who wish to make a winter trip to Yaquina Bay, the Southern Pacific Company will sell, on Wed- nesdays, and Saturdays of each week, until .March 81, 1905, round trip tickets at low rates, to Yaqnina and return, limited to 60 days from date of sale. Those who desire to take ad- vautage of this rate should apply to : nearest tickets. Southern Paoiflo agents for LOCAL' NOTES Al. Stokes, the - Canemah mer chant, is building a house facing the street to the roar of his resi denoe. ' For the best meal in Town, go to W. J. Gemmell's lunch counter, Main j street, three doors north of Commer- i cial bank. j A daughter was born Mondav ni ht to Mr. and Mrs. Gilbert Kinder, of Oregon City, and the mother and child are doing well. . Watches and jewelry sold on install ments by William Gardner & Son, Main street, near Ninth. itanAA movoments of watches. George H. Staben, a minor. Druloy filed a olaim in the county court for 120 but the court conoludod that these oharges were too heavy. Dr. JO. S. Seaman, physician and surgeon, office over Harding's drug store, Oregon City,. Oregon. Calls at tended promptly day or night. W. J. Glenimell, who has been steward on the N. R. Lang for the past three years, has opened up a first class lunch counter in the building formerly occupied by Wright's bar ber shop. Evangelical meetings have been hold in the Evangelical church, one block nortli of the opera house and will be continued a week longer. Considerable interest has been mani fested in the same. Various ministers take part. Tho fees of Comity Clerk Sleight for the month of Octobor were $899.10 and for the corresponding month in 1903 thoy were 1131.20. Recorder Stevens' fees for the past month were 108.50 nnd for October 1908, they amounted to $213. 10. J. A. Moelmko, formorly connected with the Crown Paper Company, has ongnged rooms iu tho Barclay build ing and will, in a few days, open an office for the salo of real estate, fire, life and accident insurance. Mr. Moehnke has had considerable exper ience along this line, and thinks that with the coming of the Lewis and Clark Fair, and the immigration, Oregon City and vicinity has a field for this business. The security of Oregon City, would, in case of high water, mater ially depend on tho strength of the wooden breakwaters this sido of Ca nemah. It was built after the flood of 1S90-1, that swept the old one away. A vast pile of trees, limbs and other rubbish lias been piled by the river enrreuts against the northwest end of the structure and if it were to break all of this would probably bo swept into Main street. COME IN ON BEAN CONTEST Courier Proposes tO Increase List By 5GU GUESSES WIDE IN RANGE Handsome Prizes May Be Se cured for Absolutely Nothing By Paying Subscription. Our confidence in ot r-telves and in the Courier is crow ins:, as we have demonstrated the confidence we placed'"8 1 " "? PrPme we conveyed to HVerV rtfirE Of U1A hnHv Olid oflpanfa in ourselves in initiating the bean contest was a wise move, and our patrons have proved to us that The Cornier is all that a Clackamas county newspaper should . bo. Just. fox. an experiment we counted the people who passed the Courier office last Tuesday and stopped to look at our bean jar. One hundred and three people stopped, gazed and speculated and some of them came in and departed with a receipt for a year's subscription in their pockets. Hundreds of peoplo have inspected the side board at Frank Bnsoh'g store, and the dressing table at Block's. These pieces of furniture are worth while, and when a man stops to think that he lias an oppor tunity to get one of them for abso lutely nothing, it sort ot directs his feet toward tho Courier office, and he sizes up the jar of beans, pays his sub- sription and deposits his little guess. The guesses have a wide range. One of them was as low as 8000 and another more than 7000. Some of our friends in the oountry have taken the pains to fill a quart jar full of beans, and count them, and then come in and base their guess on actual Of course they cannot very count. well miss it more than a few hundred. Just because this contest does not close until December 23d is no reason why you should wait until the last minute before paying your subscrip- tion and making your guess. Get in on the ground floor and avoid the rush. You might forget, and think how sorry you would be to miss a chance to get a handsome piece of fur niture, or some other valuable article for nothing. . We want to increase our subscrip tion list by at least five hundred by tne tlme tD,s conte close8 ona w believe we are going to do it. The interest that is being taken in the conte8t iB surprising, and is exceeding " mst sanguine expectations. But they cannot come too swift for us, and the more the merrier. The prizes are numerous, and lack of space for bids mention of all of them, but if you will read our page 11 in this issue ! you will find out more about the bean contest than we can tell you in this little story, and it is a pretty safe bet v r . . . . 1 r i& 1 - w ' Suit to Quiet Title Suit has boen oommenced in the Circuit Court by B. J. Worrell against Adaline Wilkinson and about ten other persons to quiet the title to the southeast quarter of the southeast ! quarter of section 27, township 1, south of range 8, east, containing 40 acres. Tlie puuntin alleges mat ne is now and has been inpossessioulof & wniiK 11N inn luuki the laud, and olaims title in fee to tule or interest in the property. The the premises, and the defendants conPle were married at Chicago Aug claim an estate or interets therein nst 21- 19y0- aud have no children, adverse to the plaintiff. Worrell though Mrs. Carson has a daughter by states in his complaint that their claim is unlawful and wrongful, and! that ho is unable to settle fully the nature of said adverse claims. He ' accordingly asks that the defendants be required to set forth the nature of j tbKlrnUima. that U adverse claims ; be determined by a decree of the court, I and that bv siad decree it be declared that the defendants and each of them have no interest in asid land, and that the title of the plaintiff is good and valid ; that the defendants aud each of them be forever enjoinod and debarred from asserting any claim whatever in and to said land, and that the plaiutiff be given his costs and disbursements in the suit. H. E. Cross is Worrell's attorney. Dragged Her Down Stairs Elizabeth B. Carson has commenced suit in the Circuit Court against J. G. Oarsou for divorce. Mrs. Carson al leges cruel and inhnman treatment and says that on the 80th of last July, Carson came to tho room where she aud her daughter were sleeping, broke in the door and grabbing her by the wrists, dragged her across the t Letter List. The following' letters remain un called for in the Oregon City Post office November 8, 1904. . WOMEN'S LIST. . MidH Lillin riliriuHan Xtra nn . Hosteler, Mrs. W. P. King, Mrs. Flora Koontz, Mrs. M. E. Norton. MEN'S LIST. Nels Anderson, O. M. Andriason, Brower & Son, B T Bridges, Edward J"3 E. Cross, Lambert Ent. Geo. Billie Foui, M. Hastings, E. F. Hyland, F. Jordon, J. Jarl, J. D. Luce, J. H. Mayers, N. H. Mel ton, A. McFadden, A. McMains, F. Neal, J. O'Hara, S. Rarden, Geo. Rose, H. Russell, S. Rybreg, R. Schemer, T. H. Smith, L. B. Smith, A. R. Stephens, L N. Toliver. T. P. RANDALL, P. M. NEURALGIA PAINS. Rheumatism, lumbago, and sciatic pains yield to the penetrating in fluence of Ballard's Snow Liniment. It penetrates to the nerves and bone and being absorbed into the blood, ome wonaerrui cures. 25c, 50c, and $1. Charman & Co. Logas School Report .. Fpllowing is the report of school district No. 8, Logan, Oregon, for the month ending Octobor 38th, 1004: Number of pupils enrolled, 88; number days attendance, 583; number days absence, 77; number times tardy, 17; number days taught, 20; average daily attendance, 29. Those neither ahwnt nor tardy wore B-jssis, Bertha, and Robbie King; Effle and Marion Kirchem ; Hazel and Harry Sprague; Helen and George Tracey; Elmer Babler, and Arnold Dane. Visitors present were : Messrs. Robert Dane and Marsh Frakes. Visitors are al ways welcome. Percy Ritter, teacher. Report Highland School. Following is the school report of district No. 38, for the month ending October 28, 1904: Number pupils enrolled, 85; num bre days attendance, 677 ; number days absence, 55; number days tardy, 20; number of days taught, 20; average daily attendance, 28. Those neither absont nor tardy : Milton Miller, Efflie Callahan), Eva Scharn, Agnos Erohn and Amanda Fellows. Visitors present were Messrs. Joe Fellows, W, B. Farfowl, E. . Schram and E. O. Baker. Parents are invited to call and inspect our work. Alice E. Ritter, teacher. Evangelical Charch Services. Sunday school 10 a. m. German preaching 11 a. m., snbject "Justi fication." Young People's Society, 7 p. m., subject "Some of God's Promises that Cheer Me. " 3 Peter 1:1-14. Eonglish preaching 8 p. m., subject "What Am I Doing. " All welcome. BEST LINIMENT ON EARTH. Henry D. Baldwin, Supt. City Water Works, Shullsburg, Wis., writes, "I havo tried many kinds of liniment, but I have never received much benefit until I used Ballard's Snow Liniment for rheumatism and & o0, r r ii 1 1 1-111 1 floor down the stairs and threatened to kill her. On the 16th of October the defendant called her vile names and struck her twice between the shoulders and back. Mrs, Carson is the owner of lots 1 and 4 in block 45 and lot 1 in tract 66, Oak Grove, which is subject to a mortgage of $1600. She asks that Carson be for- er barred from asserting any right, a former marriage. Guilty of Gross Drunkenness. Inis Dodge, a well known citizen ul 4,118 uur' residing at uoages Shingle mill, has been sued by his wlfe Aldrean Dodge, for a divorce. Tl? were married in Kansas in 1875 and have had four children, all of whom are grown. The plaintiff al leges that Dodge commenced to drink alchoho liquors to excess about 14 months after their marriage, and has drank ever since, and is guily of gross and habitual drunkenness. The plain tiff is represented by Judge Gordon E. Hayes. Breach of Contract The Oregon Water Power and Town site Company has brought suit against Henry Landwehr and Peter Hauslei ter for $316. 10, alleging that the two men made on a contract with the 00m pany on February 12, 1904, for the purchase of lots 4 and 5 in block 6, Estacada, agreeing to pay $350 in in stallments. The men took possession and refused to let go. There is still due the company $316. 10 and interest, and the plaintiffs ask the court for that 70m will be Interested. decree for the amount sued for, and it is not paid, then they recover pos session of the property. Wllc.x Dtterted Hr. A sut for divorce has been filed by Mary Nelson Wilcox against Walter R. Wilcox on the ground of desertion. They were married in the State of Washington, in 1894, and (he defend ant deserted his wife in September 1900. Mrs. Wilcox is the owner in fee simple of lots 6, 6 and 7, in block 87, Oak Grove, and asks that the de fendant be forever barred from as serting any claim or . interest in the property, and that she be permitted to resume her maidou name of Mary Nelson. Defendant Admits Allegation. An answer has been filed in the suit of Charles Keutemeyer and wife and Susie Gundlach against W. E. Young and wife and C. E. Taylor and wife for the foreclosure of a mortgage. The defendant O. E. Taylor and wife, admit the allegations in th complaint and ask that the mortgage be foreclosed, bnt that the plaintiffs have no deficiency judgment. - A -mandate has been handed down by the Supreme Court, affirming the decree of the Circuit Court of Clacka mas county in the case of August Going If So, Get Your Guns and Ammunition From m ..Lamb & Sawytr.. Hand Loaded Shells, Guaranteed On account of a part of our store being rented for other purposes, we are obliged to reduce our stock of HIGH GRADE BICYCLES At greatly reduced prices. We have just received a shipment of DAMASCUS CUTLERY every blade warranted. NOTICE Parties having wheels rspaired will please call, as storage will be charged after ten days. . GENERAL REPAIRING DONE We Want Your Trade At Harris Grocery And are going to make special inducements to close buyers. Cash and Small Profits is Our Motto. L. S. & A. E. BONNEY Manufacturers and Dealers in Shingles. EXTRA STAR A STAR Shingles S1.85 PER M. Mill located three quarters of a mile south of Logan. In connection with W. H. Bonney's sawmill. Address Oregon City, R.F. D. N0.2 LOOK INTO IT We cannot give better advice than to have you look into OUR METHODS OF BANKING Most business people in this section know us and our methods. If you do not, why not call in, get acquainted with us? Every possible favor shown depositors con sistent with good bank ing. TEe Bank of Oregon City Oregon City, Oregon Erause vs the Oregon Iron and Steel Company.' Krause was the winner of a trifling suit in the lower court and the company appealed. In tne Municipal Court In the municipal court Monday Dennis Calahan and William Thomp spn each forfeited $5 bail whioh they deposited as a guarantee for their appearance to answer charges of being drunk and disorderly. Thomas Hib ard, pleaded guilty to being drunk and disorderly and was fined $5, whioh he paid. NOT A SICK DAY SINCE. "I was taken Beverly sick with kid ney trouble. I tried all sorts of medi cines, none of which relieved me. One day I saw an ad nf your Electric Bitters and determined .to try that. After taking a few doses I felt re lieved, and soon tlierafter was entirely cured, and I have since not seen a sick day since. Neighbors of mine have been cured of Rheumatism, Neuralgia, Liver and Kidney troubles and Gen eral Debility. " This is what B. F. Bass, of Fremont, N. C. writes. Only 50o at Howell & Jones druggist. Notice. ' A hog came to my place October 30th, one mile north of Barlow. Owner come and pay charges. 8t D. J. PARMENTER. Hunting? THE MOltMNQ TUB k cannot be enjoyed In a basin of limited capacity, nor here the water supply and temperature Is uncertain by reason of de fective plumbing or heating apparatus. To have both put In thorough working order will not prove expensive if the work Is done by us. . We have moved from our old stand Into the old postoffice building. Don't forget the place when you want plumbing done. Satisfaction guaranteed. F c ftAnKr Oregon City, Oregon. UMURt It will pay you to call and inspect the stock of William Gardner & Son before purchasing elsewhere. They carry an up-to-date line of jewelry ani sail on the installment plan. Waltham and Elgin movements. Prices the lowest in the city.