Gorvallis Times.
OflleUl Payer ot Benton l'ntr.
UOBTAIXU. OKEGOIf, OOT 8, 1904.
THEY DISAGREE.
Jadge and Attorney General A Ben
ton County Decision.
Apportioned school money does
not have to follow a pupil out of
its own district into another, if the
directors of the district order to
the contrary. That is to say, when
for any reason, a pupil leaves its
own district and attends school
in an adjoining district, its pro ra
ta of school money may be trans
ferred with it to the other district,
or it may, if the directors so order,
be withheld altogether for use in
the orieinal district. In short, the
directors of the district involved
have complete authority in the
matter, and can withhold the mon
ey or allow it to follow the pupil
into an 4 adjoining district, as they
see fit. Such at least is the decis
ion of Judge Hamilton in the case
of J. R. Fehler and others versus
the Newton school district, ine
decision was handed down a few
days ago, and is to be seen at the
county clerk s omte.
Tbe case was tried at the April
term of the circuit court on defend
ant's demurrer that involved the
question at Issue. The children
of J. E. Fehler and others in the
Newton district attended school at
Philomath, and sought to have
their pro rata of school motley from
the Newton district tollow tnem to
the Philomath school. Encourage
ment for the plan was iound in a
. decision of the atto.ney general of
Oregon, who held that the word
"may" in the law had to be con
strued as "shall", making it man
datory on the directors of the New
ton district to transfer the pro rat
ed 'money of the pupils to the
Philomath directors. The Newton
district directors refused to males
the transfer, and Mr. Fehler and
others brought mandamus proceed
ings to compel them to do so. The
case was argued and submitted at
the April term, and the decision,
taking an opposite view1 from that
expounded by Attorney General
Crawford is the outcome,
The section of the law over
which difference of opinion arose
is as follows: "The board of direct
ors of any' district may transfer to
another district any child, together
with all tbe school money due by
apportionment to such child, when
ever the parents shall present a
written request, accompanied by a
written permit from the board of
the adjoining district". In this de
cision, Judge Hamilton says,"The
word "may" as used, would give
the directors power to make the
transfer, but it would not neces
sarily follow that the transfer is to
be made in every case in which
application therefor is made"
The question of whether or not
the wo'd "may" is mandatory,
leaving no discretion with the di
rectors, has been on of extreme
interest throughout Benton county.
In several districts there were cases
like that in the Newton neighbor
hood, and in all, the question cf
what the law meant was widely
and vehemently discussed. After
the decision of Attorney General
Crawford, which was published in
full in the Times, it was generally
accepted as law that if the parents
ot the child requested it, the trans
fer of school money had to be made,
but the decision just rendered up
sets that theory. Whether or not
the case will be carried to the su
preme court, is not known.
A Place of Interest.
It is interesting these days to note
the activity that is on among tbe
business houses of Corvallis. Ev
ery one is on the jump, and clerkB
V are busy from dawn to dark.
Among the places where there is
no time for rest among the em
ployes is the O. J. Blackledge
furniture store on south Main
street. Thursday, a large ship
mont of fine bamboo goods arrived
and has been placed on display.
Along with this cornea a new line
of Morris chairB, fine rockers, good
mattings, a complete line of pastel
and other first grade pictures, such
as has never been seen in Corvallis
before, and many other new goods.
To any one who has not paid a
late viEit to this house, and priced
the. handsome stock that is ever
there, it would be wise to say, go
and see Blackledge. The visit will
pay you and you will find what
you want.
Order Mow
Freeh Yaquina bay oysters to
arrive today at Zierolf'e,
Show your colors, call on S. h.
Kline for campaign but'one. Free
for the asking.
ANOTHER PIONEER.
Passed Away Thursday Night Mrs.
v Jacob fieakle of Philomath.' ,
Mrs. Jacob Henkle, an Oregon
pioneer of 1853, died at the family
home a mile from Philomath,
Thursday night, at the age ot 75
yeara, 1 1 months and four days.
The interment is to take place
in Pleasant Valley cemetery Sun
day at one o'clock. . It will be pre
ceded by a short funeral service at
the late borne. The funeral ser
mon will be preached at a later
date by Bishop Castle of Philomath.
The deceased was the daughter
of Mr. and Mrs. Jesse Woods.
She veas born in Ohio November 23
1828. In 1830, the family remov
ed to Illinois and in 1828, to Iowa.
January 8, 1846, Miss Woods was
united in marriage to Jacob Henkle,
in the state of Iowa. Mr. and
Mrs. Henkle crossed the plains to
Oregon in 1853. In 1856, they
moved to Whitman county Wash
ington, but returned in 1896 to
ailverton, Oregon, where they re'
sided until 1900. In the latter
year they returned to Philomath,
where they have since resided.
The death of Mrs. Henkle came
after an indisposition that extended
throughout the. past summer. Sur
viving children are: Mrs John
Wyatt, Mrs. John Kitson, Mrs.
Will McCoy and Mrs. James Carter,
BELATED TAXPAYERS.
Must Pay Penalty now A Goodly
, Nnmber is on the Delinqaent
Roll.
In spite of the many notices pub
lished as to when taxes would be
come delinquent and subject to
penalty people still call at the
Sshenrrs office to pay taxes. Mon
day was the last day of grace, and
at five o'clock, that evening, the
books closed, and everything un
paid became delinquent, under the
law. The books went at once into
the hands of the clerk, for making
up the delinquent roll. Until the
latter work is completed, no taxes
can be received. All taxes paid
now, have to be accompanied by a
ten per cent penalty and twelve per
cent interest oa the amount unpaid
after the first Monday in April.
A man who dropped in Thursday
afternoon o square up with the
sheriff, explained that he had tor
gotten the whole matter. ' It was
of course, a case of expensive foir
getfulness A lady called a few
minutes later, but no explanation
was made of why she failed to be
on time. Neither, . of course, was
able to get a receipt.
. REGISTERED TRADE HARK
cADlUMKlllC
Is the most versatile fabric of
modern looming
A BETTER silk for greater uses
at a lesser price.
It s soft and lustrous enough .for
an evening waist or strong enough
for a petticoat material all in on.
The fabric itself best substantiates
these claims. Radium Silk is cbout
half the price you'd expect to pay
for so wearful a silk.
Lost.
In Corvallis, threa weeks ago, a
note book with green blading and t he
business address ot W. H. Morton on
first page. Finder will please leave at 1
Times office and receive reward.
Stock Sale.
Having given up a lease of 280
asres of land, I have decided to
materially reduce my herd of stock,
consisting of 20 milch cows, 5 year
ling heifers and 6 last winter and
spring heifer calves. All bui a few
grades are high class Jerseys, and
high testers of butter fat. These
I will offer for sale at public auct
ion at my father's farm at Irvin-
ville, one-half mile east of Tall
man on the Lebanon branch of the
S P R R, Wednesday October 12,
1904, at 10 a m. Also horses
1 registered standard bred mare
and horse colt eligible to register;
1 yearling filly, full sister to above
colt, took first premium at State
iair, 1903; 2 yearling fillies bred
in standard bred lines; 2 mares
weighing about 1200 and 1400
pounds respectively, one breeding
unknown and the other by a Cleve
land bay; 1 three-year old gelding
large and a great prospect for a
trotter, sired by Alterego, . now
owned by Homer Davenport, . the
famous cartoonist, and a two-year
old filly, another trotting prospect,
a full sister to "the above named
gelding. Terms of sale, spot cash
or bankable paper on six - mos.
Free sandwiches and coffee will, be
served at noon. J. H. Irvine.
Semi-Annual Report Gounty
' COUNTY TREASURER. -
Amount on hand and received from April let, 1904, to September 30th,
inclusive. ..:.. .
v
Amount on hand last report. . . -.
Reed from sheriff taxes 1900 to 1903 ........... .
: SCuOOl UlBl iO 13
-
-.. : 14
V .. 4 ' 4 " ' - V' 17
' -y ' 4 . - :. . V: I
-' ... " - :.: ' . 4 3
' . 4 - :. ' 4 ' '9
... . : t .v r .. . &
4 ' . City o f Corvallis
.-,.. philomath
Reed from sheriff, fees
Be corder fees.. - -
Reed from school snpt institute fund. .
' rebate on diplomas
' 4 on account disorganized dUt
Bal on hand last report school diet No vj
4 ' v 4 as..;
t
"i f ' '' 3
4 4 ; 4 - : 18..........
' ' institute fnnd
' 4 bicycle fund
Reed from clerkfees
4 - 4 redemption tax 1899 to 1902.
4 4 .... . gcbool dist
N017
Reed from clerk redemption tax 1899 to 1902 school
dist No 9.... -. .....
Reed from clerk redemption tax 1899 to 1902 city of
Corvallis
Reed fines. '. . .,.
Reed from Willamette Bank.. ...
Reed fiom W. H. Boles interest on bonds school
distNoi7 i...
Reed from state treasurer school fond .............
Reed abstracting title indemnity fund. . . . .
Reed from clerk for road diBt No 7 . . . .
Bal on hand last report road fond. . '. . . , ...
- 4 4 4roaddistNoi.
. . ... . . . . 2.. .
Certificate of aadi ting and allowing claims
$ 30162 71 - 20003 68
- Amount raid nnt and on hand from ADril 1st. iqo4. to September 30th, 1004, in
clusive. . -
Paid on state tax for 1903
Paid on county warrants.
Paid interest on conntv warrants.
Bal on hand county fund
Faid on school orders ,
Bal on hand school fund. . . .
Paid city of Corvallis
Bal on band city of Corvallis.
Paid city of Philomath . . .'. .u.i
Bal on hand city of Philomath
Paid school dist No 9... ....
18. v...
23-.
1
17
14-... ...
21...
Bal on hand school dist No 25 ... .
Paid school dist No 3
Bal on hand 3...
Paid school dist No 27. . . .'...,
Paid school supt institute use. . . . .
Bal on hand bicycle fund
Bal on hand indemnity fund. . . . .
Paid on road warrants
Bal on hand road fund
Paid road dist No 1
2 i ....
3.
4
5.
6.
7...
8...
9-..
10..
11 .
12...
13-
14- .
15..
'16 ..
17
18
19.
20.
21
Certificate ef auditing and allowing claims
. 44, and 74
State of Oregon
Countv of Benton
SS.
I, W. A. Buchanan, Connty Treasurer of Benton County, Oregon, do hereby
certify that the foregoing is a true statement of the amounts v received, amounts
paid out, and the balance on hand in the County Treasury for the six months end
ing September 30th, 1904.
. W. A. BUCHANAN, County Treasurer.
SHERIFF.
Semi-annual statement of amount received, amount paid to . the County
Treasurer, and the balance on hand, for the six months ending September 3oth,
1904. "v .
DEBTOR.
April 1st, 1904 to cash on hand... ; f 664 17
To amount taxes collected .- 7665 82
To fines collected . 600
To fees collected , . 3 lo
By cash paid to the County Treasurer .
By cash on hand
' .' ' '
State of Oregon "
County of Benton J
SS.
I. II. P. Burnett, Sheriff of Benton County, Oregon, do hereby certify that
the foregoing statement is a true and correct statement of the amannt received, the
amount paid to the County Treasurer, and the balance on hand, for the six months
ending September 30th, 1904.
" ' - M. P. BURNETT, Sheriff of Benton County, Oregon. .
; . -v . COUNTY CLERK. . ' '
- Report of the County Clerk of Benton County, Oregon, showing the amount
Continued on page four. -
Officers, September 30, 1904.
1904.
' County Fund.
School Fnnd.
13260 38
72899
22 25
v "39
18 02
6683
M 9
.. 23 39
40059
13825
17193 44
309917
3756
3809
3IO
562 20
37 50
6883
20 95
5 5 00
. 16 12
575 15
3690
13960
2030
254 25
36302
74 17
- I 75
.23
42 '
148 05
- 5 75
2295
. 62 60
420693
1 75
348
.. 431896 ...
2444r
. 15225 - -. .',
3. 10960
4. .......... ...... 15000 :.-
5.. 19528 v - .
6.' ... - 18000 . -
7-. 173 12
8 . - 6i74 "
9 112 12 , -
10... 16719 ,
if 377 o3
12 2x497
13 16588
14...... 28847
15.. 18647
16 . 143 94
17 17080.
18 .6694
19... - 13000
20 "-23606
21 2i6.s7 .,
Nos 26-44-74 2533
7505 00
13473 25
189 76
470 97
9814 49
8547 76
372 56
x 42
3H3
696
400 82
175 15
2339
3103
131 18
1802
6149
4 90
586 19
11 21
2095
177 10
2030
1 75
4301 20
1776
24441
15225
109 60
15000
195 28
180 CO
17660
61 74
112 12
167 19
377 03
21497
16588,
28847
186 47
143 94
170 80
6694
130 00
236 06
21657
25 33
Nos
26,
I 30162 71
f 20003 68
8339 09
CREDIT.
$ 488030
3458 79
I 833909
r,
vHATS of
LATEST
Domes.with LHatsSffered Wnearlv
es uiv pace
1
y ought
USE
Elk Braiui Maple
Syrup with
Olympic Pancake
Flour.
WE ARE HEADQUARTERS
FOR BOTH.
HdDES' GROCERY.
i,wri'r4r'''r'rr?rw
HOME-SEEKER!
IF YOU ARE LOOKING FOR SOME REAL
good bargains in stock, grain, fruit and poultry
Ranches, write for osr special list, or come and
see us. W shall take pleasure in giving you all
the reliable information you wish, also showing
you over the country.
AMBLER & WATERS.
Fitzsimmons.
Tbe fall-blooded Clydesdale stallion
reg. No. 11013 can be fonnd at Yidito
Bros, stables Corvallis Oregon, on each
day of the week. Terms $12 to insure
ive colt. - -
G. R. FARRA,
Physician & Surgeon,
Office np stairs- back of Graham &
Wells' drug store. Residence on the
corner of Madison and Seventh. Tele:,
phone at residence, 104. .
All calls attended promptly.
11ri
m
VOGUE
-
1
Real Estate, Loan, and Insurance. i
Corvallis and Philomath, Or. . f
Freeh and fat Yaquina Bay oyeA
ters lor the nrst time at Zierolrl
next Saturday, Order now.
School books and school supplies
of all kinds at Graham fe Wells. ',.
B. A. CATHEY i
Physician ,& Surgeon
Office, room 14, BanK BldgV Honrs.
Phone, office SlS.
Corvallis, . :
Residence 351.
1
: ' -. :- QregoDd