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About The Corvallis times. (Corvallis, Or.) 1888-1909 | View Entire Issue (Nov. 5, 1902)
1 "Willamette "Valley Banking Company CORVAIXIS OREGON. Responsibility $100,000. - 1 General Banking Business. Excbarge ieeued payable at all finan cial centers In United States. Canada And Europe. Principal Correspondents Portland, Seattle. San Francisco and New York - Canadian Bank of Commerce Chicago First National Bank Canada Canadian Bank of Commerce Union Bank of Canada. PORTLANDERS WERE WARNED Corvallis Times. BY B. F. IRVINE. . Offlcial Paper Benton County, COBVAT.US, OREGON NOT. 5, 1902. AGAINST AKIN A Benton County Case in the Supreme Court Mason Estate The Oregon Supreme Court Mon day passed on a case "appealed from Benton County. - The case is a familiar one in which M B Dav isson and the United Brethern "Church have been in litigation with T I, Akin as executor oftheteta te of Peter W and Hannah R Mason The case was originally tried out in the probate court of . Benton where Akin was sustained. It was there' after carried into the circuit court, where the lower court was reversed and a finding rendered for plantifFs, The decision in the supreme court is an affirmation of the circuit court E R Bryson was attorney for plain tiffs and Weatherford & Wyatt for Akin. " At the time Akin was appointed executor of the Mason estate he was indebted to Peter W Mason on account of a promissory note delivered to the latter during the latter' s lifetime. Akin was in solvent at the time of his appoint ment and has ever since remained so. In his, final account he did not charge himself with the amount of the note, and the respondents asked that the amount of the note be charged against him as executor as though it were so much money in his hands. The circuit court charged Akin as demanded by respondents, and Akin appealed The supreme court cites section 1 1 17, of Hill's code, which provides that "the naming any one executor in a will shall not operate to dis cnarge sucn executor irom any claim which the executor had against him ...... and if the person so named afterwards takes upon himself the administration of the estate, he shall be liable for sueh claim as for so much money in his hands at the time the claim became due and payable." It is held that under this statute the insolvency of the executor is immaterial and that on final settlement he is justly charged with the debt as so much cash in hand. As an executor cannot sue himself, all resort to legal process for the collection of a debt due from him to the estate is cut off by his assuming that office. Having voluntarily taken upon himself the right and duty to de mand and receive, and the corres ponding duty of paying, it is but a just and legal consequence of his own act that his debt should be conclusively presumed to have been paid and discharged." The debt of Akin to the es tate is about $1,400, and some at torneys believe his bondsmen will be liable for the amount. I Benton County Men Told Them Timber Was to be Had in Alsea Country, No There are new developments as to the doings of the 36 Portland anders who recently attempted to secure timber claims in the vicin ity of Alsea, and who, after looking at fine timber in Benton county, actually filed on timberless lands in Lincoln county. , It turns out that members of the party were warned no less than twice that there was no vacant timber lands in the region, and that their errand would prove fruitless. One of these warn- nings was given by John Hyde, himself a successful locator, and who acted as one of the teamsters for the Portlanders. Entoute to Alsea, the advance euard of the party consisting of four people, stopped over night at the Hyde home, seven miles southwest of Philomath. The visitors said they were after timber, but with res pect to where they were jroing to locate, they were reticent. At length, Mr Hyde told them that he was himself a timber locator, and he was certain that there was no vacant timber land in . the re gion for which the party was head ed. No attention was paid how ever, by the Portlanders, who seem ed to believe tbey were on the in side, and that the ' Benton county man was not well advised. The next day the party proceed ed to Alsea, and there met Willis Vidito. The latter has maps of the country, and is familar with all the timber locations. When he learned of the errand of the visitors, he bluntly told them that there was no timber to be had, and proceeded to demonstrate from his maps the truth of his state ments. This had the effect to cre ate doubt in the minds of the timb er hunters, and at the first oppor tunity they communicated their doubts to Stone, the locator, who had brought them from Portland. The latter at once replied that the timber to which he was taking them had once been filed on uuder the scrip arrangement, """ but Jhat to testify understandlngly with re gard thereto." ' To . heighten the fraudulent character of the transaction, the lo cator led his clients to believe that the timber they were looking at was the land on which they were to file when they reached, the Benton county clerk's office, while as a matter of fact they were then 1)2 to 18 miles on an air line from the lands on which they actually filed, and the latter land is practically timberless. It is also true that the timber that they looked at was all taken long ago, some of it during the summer and fall of last year, and the last of it in the snows of last winter. 'The question of strik ing interest in the matter is, how is it that a professional ' timber lo cator did not know that it was tak en, and why also, did he not take them on to the land on which they were to file? It is no wonder that the govern ment at Washington has discovered that there are timber frauds, and that an investigation has been ordered. CONTRACTING VETCH SEED THE PLAN NEW Parents'" Meetings Instead Institutes. of Local Lost A brown striped shawl. Finder please leave same at Times office, y Hair Dresser A fine assortment of goods, consisting of first class work. Combings, rooted and put up as nice as cut hair. Old switahes dyed to any shade. Hair jewel ry and shampooing a specialty. Will be at home Nov 4, corner 7th & Jefferson st. Mrs C. A. Spaulding, Corvallis, Ore. - :. 100.00 Reward. V I will pay $100.00 reward for inform ation leading to the arrest of the party or parties who broke into the Adminis. tration building and the Mechanical building of the Oregon "Agricultaral College, on the evening of the 30th - or morning of the 3ist of October, 1902. M. P. BURNETT, Sheriff of Benton County, ore. Dated this 31st day of October, 1902. If yon want a suit of clothes at a price to please for the wear men's and boy's We have them for yon. J. H. Harris, during the last 1 5 or 20 days it had been reverted to the government, and was now subject to entry. The Portlanders were satisfied with this explanation, and thereafter any suggestions by Hyde, Vidito or anybody else on the subject were met with a knowing shake of the head that meant, ''we know what we are doing." This smooth explanation by the locator, gave to him their full confidence, and led them to pursue their fruitless er rand to its unprofitable end. . It-was on the slopes of Prairie mountain that the party looked at timber, and it was there they thought they were locating their claims. The mountain is in town snip 15, range seven, ana on an air line distance 12 ' to 20 miles from the lands on which the memb ers of the party actually made their filings. Frpm Alsea store, the party led by Stone, took the south road and headed for the old Intnan mill They camped the first night on the road. The next day they came out as iar as the Hawley place, and there turned in towards Inman mill. Much ti ouble was encount ered in finding the way, and many side roads and cross roaas were taken. On this account, near the mill, the party became divided stone and a party ot men and hi few women going ahead, and fin ally reaching Prairie mountain The advance party ate dinner at the mill at 11:30 on Saturday, and Hyde was sent back for the mis sing contingent. Alter rinding them, Hyde, at a point a mile and half beyond the mill, met Stone and the advance guard, re turning. During tne two or three hours of Hyde's absence, they had found the- timber, and passed through all the formalities of lo eating. Stone said it would not be necessary for the party with Hyde to go over the land, that all those things had been attended to. Since for 36 people to have fullfilled the requirements of the law would have occupied two or three days it not a week, the tact that Locator Stone enablecflhenr to do it within two or three hours, shows how the timber land laws are daily abused, For instance, each of those that the locator said it was not necessary for them to go over the lands had to take a solemn oath in which there is this language; "That I have personally examined said lands, and from my personal know ledge state that said land is unfit for cultivation, and valuable chiefly for its timber; that it is uninhab ited, that it contains no improve ments whatever." In another oath each member of the party swore, ns follows: "That I am well acquainted with the character of the described land and every legal subdivision thereof, having frequently passed over the same: that my personal knowledge of eaid land is such as to euable me A recent decision of the Oregon attorney general holds that the funds arising from fees for teach ers certificates, registration and indorsing first grade county cer tificates, can only be usedjbr hold ing annual teachers' institutes, In the past the money has been used for local county institutes. On account of the decision there is now no tuna to araw upon tor maintaining the latter, and a new plan has been adopted by Super intendent . Denman. A circular letter was recently sent by him to all the granges in the county asking for their sup port in carrying on work similar to i the local institutes. The plan is to hold parents meetings instead of the former local institutes. The meetings are to be held jointly with the Granges. The Granges are to devote the afternoon session to this educational--, work. , Discussions, literary work and musical features are to make up the programme. The only expense will bethe printing of the programmes. So far, two of the Granges have responded, those of Corvallis and Willammette, both of which agreed 'to the plan. The first of the meetings is to be held at Wil lamette Grange Hall. Arrange ments are already perfected, and an interesting time is expected. It is figured that both the Granges and and schools will be benefitted by the new arrangement. - - Portland Dealers Want Next Years Crop It is for Local Demand. A late issue of "the Times told of a movement among Benton- county farmers lor sowing, vetches this fall, and related that the demand for seed was far greater than the supply. The effort of Portland dealers to buy seed in the vicinity of JCorvallis, and to contract for next year's crop, was recited. It is said that the , demand, for the present is entirely,, for home con sumption. In he past, vetch has been in the main but an experi ment. A few farmers have known that for hay and other uses, it is the best of all grasses for .Western Oregon, but farmers generally were. not aware of the fact. All now however, are convinced of the value ofvetch, and the scramble for seed is declared to be the source of the present demand. Portland dealers relate that in all parts of Western Oregon , they have calls for the seed, almost regardless of price, and that it is impossible to supply the demand. So strong is the call, that dealers are offering to contract for next years crop. One Benton county farmer who is a large producer of vetch, has contracted his next years crop al ready. The figure that he is to feceive is above two cents per pound. If it is perfectly free from other grain?, the price is only a trifle below two and a half cents. Dealers say that it is probable that it will take two years to sup ply the local demand. - Whether or not they know, remains to be seen. They also say that as soon as the local demand is satisfied, there will be a market East. Farm ers back there are not using vetch. In time they will discover its value. They cannot, these dealers ' assert, raise it for seed satisfactorily, be cause it will freeze ontin the wint er. The consequent shipment of seed East from the Willamette Val ley is urged as a probability of the future. 1, Ml 1 Business Clothing you buy business clothes you want em business like in price, but it isn't good business to nave clothes that are not stylish, nor to pay . to much are to little for them. - We've got the famous Hart Schaffer & Marx suits for you; and with that statement we answer every question that vou can think to ask about looks, style, tayloring, fit and business-like prices 1 ou can prove tne trutn to all we say in five minuets;: we're waiting for you to come and see. S. L. KLINE. Call up Hode's Grocery for up to-date goods, its the place you get the best edibles, Teas, cof fee, extracts, confectionery fruits, vegetables, can ned and bottled goods. Syrups, meats, lard, flour, cereals, mush. Every week we are getting in fresh fruits, candy, crack ers and cookies. THEIR WEDDING Corvallis Opera House Just one jolly night Monday Nov 10. Here is a laugh for everybody the jolly comedy success, Hello Bill, the same funny comedy that set all San Francisco aglow with laughter, and was pronounced by all the funniest ever given. Mar-q-uam Grand Opera House Port land Friday and Saturday Nov. 14, 15. Prices 75-50-35. Sale of seats now ready. Wood for Sale i I have 5OO acres of timber land to clear. Will sell wood in stutno or eive wood for clearing ground, have fir, oak cedar and asn. & miles west 01 Corvallis. P A Kline. Marriage Sundayof Jesse Huffman and Miss Griffiths. Jesse F. Huffman, an architect and resident of this city, was mar ried Sunday, at 11 a m, to Miss I,u Ella Griffiths, at the home ofJ J. P. Huffman, Rev Frank I,. Moore, officiating. Among the guests present were, Mr and Mrs Jesse Spencer of Cor vallis, Mr and Mrs Fink of Wells, Mr and Mrs , Frank Spencer and two daughters, and the two immed iate families. " ' Mr and Mrs Huffman will make their future home in Corvallis. A heavy ladened table,was . a part of the programme following the ceremony. Remember Dr Lowe the optician will be in Corvallis for the last time this year. Nov. the 17-18-19. Wanted Woodchoppers. S Bicknell, Corval lis. New line of art squaies and rugs at Nolan & Callahan's. Hunters, Attention All persons are hereby warned" not to hunt otherwise trespass on the land of the undejsigned in Benton county, Peter Richard, Charles Lee, ' ' J. M. Currier, Jesse Brown. Punderson Avery, Special Sale of Smoking TOBACCO AT KLINES To close out some lines that we will not carry iD the future. 2 oz Seal North Carolina reg iOc now 5c i oz Fashion regular 5c now 7 for 25c 2 oz Golden Cupid " IOc ' 4 " 25c 2 oz Lime Kiln Club " iOc " 4 " 3oc 2 oz Plum ' roc " 4 " 25c These cannot be bought at factory for prices offered and smokers are invited to take advantage of the above prices. Use the Snqw Ball and Waldo brands of flour. Buy the Woodlark vanilla and lemon extract, best and cheapest. We carry a big line of stone and willow ware. v & A iv-iv Tubs buckets, baskets, brooms, brushes dusters -washboards, mops, lamps, lanterns, oil cans, , - .farlor matches loUU all tor 1U cents. Codes' Grocery Students Headquarters r 'Troubles of a Married Man" By Local Talent OPERA HOUSE Saturday N6 8th TICKETS ON SALE AT WEDNESPAY NOV. 5TH. . Reserved Seats 50cts. Headquarter for Dry Goods, Clothing, Shoes, Hats, Ladies' and Men's- Furnishings, Etc. New Goods All the Time. Corral lis, Oregon. WICKS & LILLY v SUCCESSORS TO Taylor & Heish Dealers in all Kinds of Fresh and Cured Meat Lard Etc. Corvallis, - Oregr