The Corvallis times. (Corvallis, Or.) 1888-1909, February 11, 1903, Image 2

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    Corvallis Times.
Official Paper of Benton County
The crime of Assassin Lyons is
one of the most despicable that can
be committed. A sheriff in the dis
charge of his duty is the personifi
cation of the people's authority.
When he attempts an arrest, it is
in the name of all the people. The
arrest is itself the act of all the
people. Resistance to it, is resis
tance to the people and insult to
their authoritjjjT of a sher
iff in the act of making an arrest is
the most contemptible form of vil
lainy. Lyons' foul deed places him
beyond the pale of condonement,
mitigation or sympathy, Culpa
ble with him, are his guilty accom
plices ,who made opportunity for
him to assassinate. Every whit of
penalty the law provides, should be
measured out to each.
Withers 'was an extraordinary
man. His deputy fled with public
funds, and Withers paid back to the
.county the last farthing. Five hun
dred reward was due him for the
--capture of Ben Tracy's murderer,
but Withers declined to accept it,
saying he had only done "his duty.
When named for office, party lines
were obliterated, and he became
candidate, not of a part, but of ail.
Men like this one are rare, and his
taking-off should have its fitting
Wants Site for it New Grade for
ry And Other News Items.
Say Mail Boxes are not Properly LocatedMonroe-Route.
Editor Times:
Seeing your article in recent
issue in regard to complaint of sub
scribers ot your paper, will say it is
impossible not to make some mis
takes but the carrier endeavors to
do his duty. The parties who are
kicking do not do as the law re
quires, some of the boxes are pla
ced in mud holes' and they seem
ingly don't care how much trouble
it is to the carrier to deliver mail,
besides he takes up letters for de
livering in post office which he
does not have to dd, but does simply
to accommodate them. So please
inform them, that there are two sides
to the question and they should take
some pains to fix their boxes so
they can be reached without miring
A. R. Norwood.
Bruce Ore.
Withers' Assassin was Once in the Pen
r Yates Convicted him.
Lyons, the slayer of Sheriff With
ers has served a term in the state
penitentiary. While ' district attor
ney, W. E- Yates prosecuted him in
Judge Fullerton's court in Eugene
for embezzlement of public funds.
The case resulted in a conviction,
and a sentence of one year in the
penitentiary was pronounced by
Judge Fullerton March 13th 1897,
The embezzlement consisted of
misappropriation of public money
that Lyons had collected in his ca
pacity as deputy tax collector. The
amount of the defalcation was small.
A question in, the case was whether
or not Lyons was a legally consti
tuted deputy. The act was , com
mitted in Lane county, during the
administration of Sheriff Johnson.
Lyons served out his term and sur
vived for the subsequent crimes
that have made his name despised.
Notice for Bids.
Notice' is hereby given that the County
Court of Benton Coauty, Oregon, will
receive sealed bids for an opening of 'a
change in the Kings Valley-Wren Wag
on road as follows: A 60 foot right of
way. beginning at a point in the center
of theCouuty road where the Kings
Valley-Wren road crosses the eouth line
of the D. L, C. of H- 8, Hallock & wf
being CI, No. 59 T. II S R 6 -West Will.
Men th. S 300 East 12 chs more or Jess
to the center 6f the West end of the
bridge, across a email stream of water
running West, AH bids for . opening
same to be filed with the' County Clerk
and will be received up to . Wednesday,
March 4, 1903; at I o'clock P. M . The
Court reserves the right to reject any
9 ad all bids.
Couuty Clerk.
Dated Feb. io, 1903.
Mrs. J. O. Wilson returned Sun
day from Portland. Her sister
Leona is expected, today, . .
The Afternoon Reading Club wer.
entertained yesterday by Mrs. J, F
Yates. -
Miss Addie Shupp of Albany,
is the guest of Miss Mary Suther
land. She arrived Saturday.
-D. A. Osburn has returned from
a business trip to Idaho. .
Mrs. J. L. Gibson with her two
children left yesterday for Southern
California, to join her husband
who took his departure some time
Mrs. Ray L. Carter, whose hus
band has a position in Homing's
store, is the author of a number of
pieces of instrumental music. The
compositions are described by those
who have seen them as very meri
torious. " One of them, entitled
"Sweetheart Waltz" has been
published by a Chicago house, and
is to be found at Gerhard's station
ery store.
W. S. McFadden and Sheriff
Burnett went to Eugene yesterday
to attend the funeral of the late
Sheriff Withers.
Henry Stone figures on building
a fruit drier alongthe wate. front.
At the council Monday night, he
asked for a jease on a strip of land
near the (J & .fa, turn table tor t e
purpose. The land lies at the foot
of Washington street on the river
bank, and is about thirty . feet in
width. The matter was referred to
the street committee.
In time a second grade is to be
established et the Corvallis ferry.
It is desired for facility in getting
on and off the boat, and for use
when the river is at a high stage.
The city council Monday night,
adopted the report of the street
committee, granting authority to
jthe county to make such - excava
tions as may be necessaJv to make
an approacn to the landing direct
from Van Buren street, the city to
incur no expense in the matter.
At The Opera House.v
A vaudiville treat is in store for
the theatre patrons of Corvallis in
the forthcoming Jjvisit Friday and
Saturday of the " Weston and Her
bert show. This clever organiza
tion of players are top liners in the
vaudeville world and are giving an
entertainment that, is refined, fash
ionable and polite,
team led the organization. Another
special feature is Hugh J. Emmett
the world-renowned ventriloquist
and mimic. There are eight other
big acts with the show, all of which
are equally interesting and enter
taining. Seats are now on sale at
Graham &. Wellr. They are also
playing at popular prices of 25, 35
and 50c. ' - ' " '
Council did it Again Because he
Hasn't Obeyed That Body's Mandate.
Manager Groves was discussed at
a meeting of the city council Mon
day night. sOne or two of the mem
bers paid their respects to his opera
house" in plain terms. Some time
ago the council ordered the mana
ger to provide certain precautionary,
appliances for escape of audiences
in case of fire in the building. These!
embraced the provision of an en
trance on the' north side of the
building, and the hanging of all
doors so they would swing outward
besides providing two means of exit
from the gallery. One speaker as
serted that none of the require
ments had been observed, and he
insisted that the manager should be
made to respect municipal' author
ity. '
Somebody then raised the point
that the. council had not . put its
demand in the form of an ordinance
and that such a step would be nec
essary before the full majesty of the
demand could be legally enforced.
The member rejoined that a resolu
tion of the council was ample under
the circumstances. After some
discussion, the matter gave way to
other business without definite
action being taken.
It is said that Manager Groves
long ago procured the doors requi
red by the council, and that he now
has them at the Opera House, but
awaits the time when the city
fathers shall speak to him in trum
pet tones.
Of a Contractor Gibson Left Without
Formality of Adieus.
Contractor J L Gibson, who came
to Corvallis from the East over a
year ago has flitted, and there are
Corvallisites who mourn his going.
He cut a considerable swath as a
builder during hfs stay, having
taken last autumn contracts for con(
struction of the . Farra residence'
and a cottage for Mrs. Rosendorf.
Financial matters about contracts
got into a tangle several weeks ago
and made the owners considerable
trouble. ' EE2
A week ago Sunday, Gibson
went without bidding adieu to his
friends generally. It is asserted
that he took the Westside train at
the crossing. Several days elapsed
before the fact of his departure be
came generally known. Dr. Farra's
loss is said to be about $500 and
MrsRosendorPs about $200. There
are other creditors.
Happens Next Saturday Night in Ar
mory Basket Ball.
She he- j? - . - ,
limils yjf . si JLSi
, Bids tor Wood
Notice is hereby given that the Coun
ty Court will receive sealed bids up to
one o'clock P. M. Wednesday, March 4,
1903, to furnish 50 cords of grub oak
wood four feet long, not less than three
inches nor more than lo inches in diam
eter ; 25 cords old growth body red fir
wood four feet long, or 25 cords of sec.
ond growth fir wood fonr feet long all to
be well seasoned, . The court reserving
the right to select either old or second
growth fir wood, or to reject any - and
all bids. Said wood to be delivered at
the Court House, in the City of Cor-
vallis, Oregon, between June 1st . and
August ist, 1903, and the same to be
paid for in county orders when accepted
by the Court.
Dated Feby, 9, i9o3. '
County Clerk. -
The Poetry of the Orange
It appeals to you, when the fruit bangs
ripe and sweet on the trees in February
or early in March. Then the blossoms
break out and the trees are yellow with
golden globes, and white with orange
flowers. It maybe that a flurry of snow
has whitened the mountain tops, and
then you have an .artistic back ground
for a tropical forest. The air is full of
sunshine, and heavy with fragrance as
the night comes on, ' and then if the
moon be shining, you' may hear at mid
night through bpen windows the song
of the mocking v bird " in the scented
grove, aud it never seemed so melodious
before. '
An experience like this is possible ev
ery winter, and it is worth a journey
of a thousand miles, while you can have
have it, by taking the ' scenic Shasta
route through the grand and picturesque
Siskiyou and - Shasta mountains . to
Southern. California. Complete inform
ation about the trip, " and descriptive
matter telling about California may . be
had from anvSouthern Pacific agent or
W. E. Ceman,
Gen. Pass.Agt S. P. Co- Lines inOregon
Portland, Ore.
The agricultural college and state
university will have a tussel Satur
day night. Thte sport will be bas
ket ball, and the game will be be
tween the men of the two institu
tions. The college players expect
it to be one of the hardest games of
the season. On the University
team are two crack players from
last year's Willamette University
team, and two others who played
'last season in Portland. Though
the team has not played a game as
yet this year, it is Certain to pre
sent a formidable front. -Against
this ,is the fact tbat both
Gate and Tharp, two of OACs best
men are out of the game for the
season and that the college team
will - have to enter the struggle
handicapped to' that extent. How
ever, it is calculated that the strug
gle will be close enough to be highly
exciting. Play will begin at ' eight
o'clock Saturday evening. ' ;
' JopliD, Feb. 5. The Venezuelan
company,, which organized s here
several days ago to enlist men . for
colonization in Venezuela, bae it
was stated today, - received - over a
thousand men, all with military
training, and sorne of whom are
stated to have held commissions in
the United States army and navy.
Applications for membership are
pouring in from all parts of -the U
piled States and Canada.
The co-npany expects to secure
large land grants from the Venezu
elan government.: ';..,',.-.;",'
Entertainment ,
Given by the young people at Oak
Ridge Presbyterian church Feby. 14th,
at 7-30 p. m. . Music' singing, dialogues,
recitations, graphaphone, splendid se
lections Admission 20c., children, zo to
15 years, 10c; under 10 years, free. La
dies bringing boxes of lunch free. ; 1. Pro
ceeds to be used in seating .Oak Ridge
school house. Stable room for , horses
if stprrny.
Children Residing in One District, May
..; Attend School in Another.
Though residing in one district
school childrenvmay attend school
in another district and ,take their
school money with them.That is the
tmroort of a decision recently ren
dered by Attorney General Craw
ford. The decision settles a ques
tion over which there has long
been contention," viz that if a child
residing in a district adjoining
Corvallis. Philomath, Monroe or
other places desires to attend school
in either of the latter, it , may do so
under certain conditions and at the
same time have transferred from the
district in which it resides to the
district where it attends school, the
amount of the school money to
which it is entitled.
The decision was rendered at the
request of Superintendent Acker-
man. Th e law attecting the case
is as follows: "The board of dir
ectorsofany district may transfer
to another district any child, to
gether with all school . money due
by apportionment to such child,
whenever the parent or guardian
shall present a written request, ac
companied by a written permit
from the board of directors of 'the
adjoining district.' :
Concerning the law, the attorney
general says: "As to whether the
same is mandatory or only permis
sive, would say it is diffi
cult . to -determine what the
intention of the legislature was
in enacting said sabdivision with
out being informed as to the facts
or conditions which existed to
prompt the framer of the law to
draft the same. However, I can
conceive of a state of facts or con
ditions existing where a man with
his family might live one or two
miles from the school house in his
district and near the line between
his district and the adjoining dis
trict and the school House in the
adjoioing district be much nearer
his residence, for . instance - one
fourth of a mile. It would be diffi
cult and might be impossible for
small children to attend in their
own district and the law seems to
be intended to give parents and
guardians the right to send them
to the nearer school."
The attorney general further
Qiscusses the question, citing var
ious decisions to establish the fact
that the word "may" in ithe law
is to be construed to mean "must"
or "shall" ,and thereafter con
cludes: "Such child, by its par
ent or guardian, has an interest
and an interest of greatest import
ance, its education, in the exer
cise of the power conferred upon
the directors, and there is no ques
tion but that the board of directors
constitute a board of officers, a court
or a tribunal to act upon all mat
ters within their jurisdiction. There
fore, I am of the opinion, when a I
parent or guardian, shall present a
written request, accompanied with
a written permit from the board of
directors of the adjoining district,
that it is the duty of the board of
directors of the district in which
the child resides to transfer it to
the district.
'The . opposite construction
would render the law ' inoperative
unless the consent of the directors
of the district in which "' the - child
resides was also obtained, and if
that were intended, it would have
been inserted in the law. The leg'
islature evidently never conferred
the power upc-n the directors to be
exercised or not at its discretion as
it has nothing left for it to decide,
except perhaps as to whether the
request and permit are ; properly
signed and sufficient in themselves
to be a request and permit, and
when sufficient papers are present
ed the power is called into exercise,
and the transfer must be made. In
my opinion the word "may" should
be construed to mean "must ' or
"shall"' in the statute under con
sideration." " -
Card, Lace, Novelty, Drop, Parch
. ment, and CelluloidrValentines, from
1 cent to I3.00.
Comic Ualentines
Big ones and lots of them.'
Gross in all, at 1 cent each.
Tor Infants and Children. '
Hia Kind You Have Always Bougi
x Bears the
Signature of
Second Shipment
Just received from the factory; Come
- early and get your choice while the
1 assortment is large. : Positively the
finest assortment ever brought to
this city. Come and see them.
Rummage and Remnant Sale now running:
in full blast.
Cbe 0x6a1l Soap for
Cudoma never shrinks Woolen nor
-i -
. t. - 1 . :
"We Do not Cioe
to as high a standard as our desire would promote
us, but see that you make no mistake in
the house that keeps the hig- ' .
est standard of Grocer- .
: , ies that is the
- place to
Frcsb Fruits, Fresh Uegetables, J
fresh everything to be had in the market. We
run our delivery wagon and our aim is ,
to keep what you want and to - '
please. Call and-see
Administrator's Notice to Creditors.
Notice Is hereby given, that the undersigned
has been appointed administrator of the estate
of Kinman Vanderpoo, deceased, and all per
sons having claims against said estate are here
by required to present the same duly verified
as bv law required to me at Wells, Oregon, or
a t th'e office of Yates & Yates, CorvalliB, Oregon
within six months from this date. '
Dated at Corvallis. Oregon, this 7th day of
February, A A, 1903,
Administrator of the estate of Kinman Van-
derpool, deceased: .
JL Qerbard.
Our store will close at 7 p. m.
during January February . and
March, Saturday evenings excepted
J. H. Harris.
Referee's Sale of Real Property.
On the 7th dav of March. 1903. at the hour of
one o'clock P M at the front door of the Court
house in Corvallis. Oregon, I will sell at public
auction to the hlehest bidder, for cash, the fol
lowing described real estate towit: Lots nos.
107 and 114 in block no. 25 In the Oityof Philo
math, Benton County, OregouSald sale is made
under and in pursuance of an order'and decree
oi the Circuit Court of the State of Oregon, for
Benton County In the suit of George H Burtch,
et al Plaintiffs vs Jennie Churchill et al, De
fendants, a proceeding for the , partition and
sale ot real property.
- M. P. BURNETT, ' ,
Beferee appointed by the said court to sell
said real estate,
Notice 'of Final Settlement, "
In the Matter of the Estate lot James Marvin
Applewhite, deceased.-
otice Is hereby riven that 1. EE Wilson, aa
administrator ot said estate of James Marv
in Applewhite, deceased, have Bled my final ao "
count as such administrator with the clerk ot
the County Court of Benton Couuty. State of Ore- .
gon, and the said Court has fixed Saturday the
7th day of March, 1903, at the hour of one o'clock;
in the afternoon of said day as the time, and
the County Court room in the Court House In
Corvallis, Benton County, Oregon, as the place)
for hearing any and all objections to the said
final account and for settlement th er
Dated this February 7, 1903,
Administrator of the Estate ot James Mar virt,
Applewhite, deceased.
y. es T o n. x a. .
Bearitiw Z?t Kind You Have Alvays igBr
' Executor's Notice V ''
In tbe County Court of the State of Qregon for
Benton County .
In the matter of the Last Will and Testament
of O. C. Vanderpool, deceased.
Netlce Is hereby given that David Vander
pool is the duly appointed and acting executor. -of
the Last Will and testament of C. C, Vander
pool, deceased, and all persona having claims
against said estate are required to present tba
same with proper vouchers to me at Wells Sta
tion, Benton County, Oregon, or at the office ot
Yates St Yates, Attorneys, Corvallis, Oregon.
within six months from this date- -
Dated this Januaiy 13, 1903. ' i