The Corvallis times. (Corvallis, Or.) 1888-1909, November 05, 1902, Image 2

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"Valley Banking
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.
Corvallis Times.
. Offlcial Paper Benton County,
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
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.
Parents'" Meetings Instead
of Local
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.
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
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
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.
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.
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 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.
Woodchoppers. S Bicknell, Corval
lis. New line of art squaies and rugs at
Nolan & Callahan's.
Hunters, Attention
All persons are hereby warned" not
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
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
Tubs buckets, baskets, brooms, brushes dusters
-washboards, mops, lamps, lanterns, oil cans,
, - .farlor matches loUU all tor 1U cents.
Codes' Grocery
Students Headquarters
'Troubles of a Married Man"
By Local Talent
Saturday N6 8th
. Reserved Seats 50cts.
Headquarter for
Dry Goods, Clothing, Shoes,
Hats, Ladies' and Men's-
Furnishings, Etc.
New Goods All the Time.
Corral lis,
Taylor & Heish
Dealers in all Kinds of Fresh and Cured Meat
Lard Etc.
Corvallis, - Oregr