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About The Corvallis gazette. (Corvallis, Or.) 1862-1899 | View Entire Issue (Sept. 25, 1885)
Weekly Corvallis Gazette. RIDAY MORNING, SEPT- 25, 1885. OFFICIAL PAPER FOR BENTON CGurtTY iintereijt at the Postotiice at Corvallis Oregon, ,as secoud-elass matter. THIS PAPER will he found on file at the following named places, where advertising .may be contracted .for at our regular rates: ,C. VV. LOMLER&Co., Advertising Agents, Portland, Oregon. L. t, FISHER, Advertising Ager t, 8an Francisco, California. GEO. P. ROWELL &Co Advertising Agents, Mo 10 Spruce Street, New York CMy- J. H. BATES, Advertising Agent, 41 Park Row, New Yor.V Citv. N. W. AYER & SON, Advertising Agents, Philadelphia, Pa. MAINTAIN GOOD FAITH. During tiie last few weeks several Meetings have been held by the citizens of Albany, where ofij.cers of the Oregon Pacific Railroad company were present. The Albany papers in treating of the purpose and effect of the meetings for a time, spoke of them, in which they claimed that the Willamette Valley & Uoast Railroad company had, through its officers, submitted a proposition to extend the Oregon Pacific Railroad from Corvallis toward Albany on the west side of the Willamette river and cross the river near Albany, making a wagon and railroad bridge at such .crossing, and also to place suitable de pots, round Rouses and machine shops ot the corupmy within the corporate limits of Albany, providing the citizens ,ot Albany would arouse themselves to fiction and subscribe the sum of $50, 000, to assist in paying the extra ,expense of this route over others, and the extra expense of the bridge. Since The above appeared in the Albany pa pers, which was extensively copied by other .papers throughout the state, ih Albany papers again come to the front and announce that another meet ing of the citizens of Albany was held, where officers of the railroad company were present and denied that the com pany had ever made such a proposition but claimed that by the conversation qii that subject was meant by the offi cers of the company ,that if the citizens of Albany would raise the $50,000 for the purposes indicated that the company would consider the proposition before adopting the route for the extension of jthe road. Mr. WallLs Nash, Vice-President of the road, come out iu a long article which was published in the Al bany papers and which has also been kindly furnished this office for our ob servation in which Mr. Nash claims that the latter construction is the prop et one. The only material difference in the two propositions is a legal one; jby the former the railroad company would be bound to perforin provided the citizens of Albany performed the part asked of them in a reasonable time, and by the latter the railroad company would not be compiled to perform un til the citizens of Albany had raised the money, and the company had after wards accepted it. The distinction may be of some importance to the rail road company, but it is of little interest to the people at large, because so far as the people are concerned, it is riding the same horse in about the same way but different words are used for des cribing the situation of the rider. About ten years ago before the Oregon Pacific Railroad scheme was thought of, v hen the jeople of Benton county were straining every nerve to put the Will amette Valley & Coast Railroad up on its feet, so that railroad could be completed from Yaquina bay to Cor vallis, the people of Corvallis and of Benton county,subscribed towards that work the sum of $35,000, which money was afterwards invested iu iron, cars, locomotive, engine etc.; which has since been used in the building of the road. By parties in the interests of the railroad company then endeavoring to raise that money, it was then talked of and pro losed by them to our citizens, as an in ducement to get them to subscribe and pay their money, "that the benefits arising froru the round houses being built and the machine shops of the com pany also being built and put in opera tion at Corvallis, would be of such ben efit to our citizens subscribiug,that the subscribers would be repaid with a profit for their investment, by means of these improvements being made within our citv." Mr. Nash and the officers of the road now employed at Corvallis in the interests of the railroad were not here at that time,and perhaps for that reason do not know of it, Otherwise we certainly think that they would not have suggested to a citizens' greeting of Albany that a preposition from the people of Albany would be considered by the company io take to Albany exactly what the people of Corvallis and vicinity paid their money for ten years ago, and supposed itwas a settled question which could not again be raised in any event, so that the offi cers of the company should be the en couragers and promoters of it. Do the people of Albany want to take without the consent of the people of Corvallis and Benton county what the latter have bought and paid for ten years ago? We trust that this break on the part of the officers of the company, was done simply because of oversight as to what has transpired in the past, and that simply calling attention to the fact will be all that is necessary to put a stop to any further deception or misunder standing in the matter. UNITED STATES SENATOR. Tljie Albany Bulletin, a strictly in dependent paper on the subject of an extra session offers the following com ment: "When an executive body acting for the people, make a great and serious blunder in the performance of their legislative duties, the responsibility rests upon the people of the state who chose them through the ballot to exe cute state legislation." "It may be urged in favor of a sena torial appointment that an appointed senator can wield the same influence as one regularly elected by the legislature, or the chances are that if he is admit ted to his seat at all it will be after a long delay and great expense, exceed ing the expense of an extra session. Meanwhile the state is without its proper representation and the interests of the country are bleeding for want of requisite subsidies to develop our waterways and accommodate the state's commercial demands. Furthermore a senator appointed by the governor would hardly get into his seat before his term of office would expire, and be fore another could become conversant with the methods to make his influence of material benefit to the state, months will have elapsed piling up a mountain of sacrifices fearful to contemplate." "Now as to the ex pi n :e of an extra session will entail upon the state, as a great deal has been said through the press, pro and con, upon that phase of the subject. Oregon is greatly in need at the present time of a full and able representation in the United States senate, to enable the. state to derive from the government liberal appropria tions for the improvement of our har bors. The immediate necessity of large appropriations for the improve ment of the Columbia, the completion of the locks at the Cascades, the im provement of Yaquina harbor and other harbors and rivers on the coast, is ur gent in the extreme, and any delay in this matter is a sacrifice to the state of thousands of dollars. To place the ex pense of an extra session as an offset to the sacrifice incurred by the state for want of proper representation in the U. S. senate is the sheerest folly and shortsightedness Comparisons are odious in. this respect and cannot stand the test of scrutiny for a moment. $717,264,8S9 is the total clearing house returns of the leading clearance houses of the United States for the week ending Sept. 19th. The Union Pacific managers say they think if the strikes aud disturbances ire persisted iu like recently occurred it their Rock Spring mines that the belief is that the directors of the com pany will turn over the management to the United States governmtnt. The delegates to the New York state republican convention have been arriv ing slowly and it is claimed that they ire all counciling harmony and are not adopting any plan until the dele gates all arrive so that they can all par ticipate in the arrangements of the party. Such a feeling and disposition is au assurance of republican success. St. John, the ex-goyernor of Kansas, called upon President Cleveland recent ly. He demanded of the president the removal of a lot of postmastei-s for "offensive partisanship." His demands were respected as they should be at the White house because St. John was a full partner in the democratic campaign wih n'hisky which elected President Cleveland. RAILROAD THROUGH STREETS. The Oregon Pacific Railroad cpm- pany, alias the Willamette Valley & Coast Railroad company, last week sur veyed their line down to river street, and from thence down the street so as to be accessible to the warehouses on the river. In so doing the survey runs uncomfortably close to the property of some of our citizens. When nearing the foundry of Belknap Bro.'s & Kene dy Bro.'s, the line bears to the right until it runs clear up onto the sidewalk, occupying almost the whole of the side- J walk, on the north side of their foundry building, from thence it bears to the left until it runs so close to the fence, at the southeast corner of W. C. Craw ford's handsome residence, that our friend Crawford dances around very excitedly in consequence of the near ness of railroad communication to his inclosures. The question therefore is being freely discussed by our citizens as to what rights against citizens a rail road company acquires where a city council grants authority to such com pany to lay down and use their railroad track in a public street; and also what rights if any a city council has to grant such rights to a railroad company. Justice John F. Dillon in his valuable work on Municipal Corporations says: 575 In this section and the three foliowihg we sum up the conclusions to which our mind has arrived, after an examination of all of the reported cases upon the subject oi railways in streets. 1 As respects ordinary railways, operated by steam, and street railways, operated by horses, legislative authority is necessary to warrant them to be placed in the streets or highways. The legislature may delegate to municipal or local bodies the right to grant or re fuse such authority. The usual powers of a general nature in municipal corpo rations over streets are not sufficient o confer upon them the right to au tborize the appropriation of streets by ordinary railroads, whose tracks are constructed in the usual manner and whose trains are propelled by steam But it is otherwise as respects street railways; and the ordinary power of municipal corporations are usually am ple enough, in the absence of express legislation on the subject, to authorize them to permit or refuse to permit the use of streets within their limits for such purposes. But they can not, by an iu.plied power, confer corporate franchise or authorize the taking of tolls. This must come from the legis lature. 576. 2. The weight of judiciaiy authority at present undoubtedly is that where the public have only an easement in streets, and the fee is re tained by the adjacent owner, the leg islature cannot, under the constitution al guarantee of private property, au tborize a steam railroad to be. construct ed thereon against the will of the ad joining owner, without compensation to him. In other words, such a rail way, as usually constructed and opera ted, is an additional servitude. The author, not disputing the iustice of tins view, or that it is the one best supported by the judgments of the courts, is ot opinion that it will admit of fair debate, aud deserves further consideration whether the power of the legislature over uses to which highways may be put is really subject to this supposed constitutional limitation. Al though the decisions as to the right of the legislature in such case to author ize street railways without compensa tion to the adjoining freeholder, are conflicting, it is believed that such rail ways, as ordinarily constructed and used, d) not create a new burden upon the land; and hence the legislature is not bound to, although it may, provide for compensation to die adjoining pro prietor. 577. 3. Where the fee of the street is in the municipality in trust for the public, or in the public, the control of the legislature is supreme and it may authorize or delegate to municipal bodies the power to author ize either class of railways t" occupy streets without providing for compen sation either to the municipality or to the adjoining lot owners. But where grades are altered, or actual damage will be caused by such use, the legisla ture ought to provide that the abutters should be compensated for the injury they will sustain. If the above is the law on the sub ject then several important questions would arise; 1st as to whether "the public have only an easement in the streets, and the fee is retained by the adjacent owner, or 2nd, whether "the fee of the street is in the municipality in trust for the public, or in the public." Whichever way the above questions were determined, the 3rd query would arise as to whether the legislature in the city charter has given the city council express authority to grant such privileges to railroad companies,beeaute our courts hold substantially that a city council can not exercise implied power, except such as are necessary to carry into effect the powers and privi leges expressly granted. Our own supreme court says on that subject "Those powers which are not thus enumerated, and which are abso lutely necessary to the enjoyment of such enumerated powers, are to lie taken to have been withheld." Again, "We think it the better rule, regarded upon principle as well as authority, that stat utes creating municipal corporations should be strictly construed against such corporations. The people of a city, unlike those of a state, have no reserved rights as such, but all power and authority to maintain a municipal government within a city is delegated to it by the legislature, either by ex press authority or necessary implica-: tion. After settling such law questions as might arise, if settled fa vo: able to the property owner, then there will be a common sense question to be settled, by the man whose property or home has been so far encroached upon, that it is of no practical use to him, and that is "what can he do with a judg ment for damages after he obtains it against a company whose dealings with other citizens of the county have been such, that after they bad taken hund reds of thousands df dollars from citi zens of our county under the disguise of obtaining credit, promising to repay such to our people every month and after having invested such in their scheme, such company has been able for a whole year to set their creditors at defiance and only pay simply what they pleased. Under such con dition of affairs another legal question would arise as to whether the courts would consider such condition of in solvency a proper one upon which to grant an injunction to prevent further damage to property until the damage was forthcoming or made amply secure. Since the above was put in type we learn that a temporary understanding was concluded upon, between the com pany and the city council, by which the company agree to run their track through the center of the street, east and west to the center of the . stieet along the bank of the river, where the company will make a turn table with which to turn the cars at right angles, until the rights of the parties can be properly determined by adjudication. This if properly carried out, will prob ably be the most satisfactory way to all parties. EXCURSIONS Will be run over the Oregon Pacific R. R., Each Saturday, commencing September 19th, lS85,until this advertisement is dis continued. Fare between Corvallis and Yaquina, Round Trip, $3.00. Children bstwesn 6 ari 12 years, S2.0Q, Tickets Good for 15 days, And 100 lbs, of camp outtit free with each ticket. Trains leave Corvallis at 10 a. ou VALLISNASS. Vice Prea't 0,?. S-E. CHJLS. C. HOOUE, Comptroller. 8. MONTGOMERY. Li,ery, Feed and Sale Stable, New barn, new buggies, carriages, and every thing else new and first-class in all respects. Special Attention (liven Transient Stock, Good Saddle Horses. Prices Reason: Lble. (Second Street.) CORArALLIS, OREGON. There are three vacancies in the State University to he tilled from Benton county. Young men and women who can pass exam ination for a teacher's certificate, are eligible to appointment by the county court. Ap plications will be received until Monday, September 7th, 18S5. E. A. AilLNER, County Superintendent. Corvallis, Oregon, Aug. 5, '85. Real Estate Agency CORVALLIS OREGON Ileal Estate Agents, will buy, sell, or lease farms or farm property ou commission. Having made arrangements for co-opera tion with agents iu Portland, and being ful ly acquainted with real property in Benton county, we feel assured of giving entire sat isfaction to all who may favor us with their patronage. G. A. Waggoner, 20-(yl T. J. Bui'ORD, SI LEO GREAT NORTHWESTERN REMEDY. I N D E RS. m Those who work early and late need a wholesome reliai-le Medicine like Pf under' s Oregon Blood Purifier. As a reined-and preventative of disease t can not he beat. It checks Rheumatism and Mala ria, relieves Constipation, Dyspepsia and Billiousness and puts fresh energy into the system by making NEW, RICH BLOOD. All DruggUts anil dialers keep it. 81.00 bottles, 8 for S5.00. 22143m NEW TAILOR SHOP. FRED. LAUCHLE, Proprietor. )One door south of Rose Bro. 's Cigar Factory. ) CORVALLIS, - . OREGON. ALL ORDERS PROMPTLY FILLED. Cutting Cleaning Eeparing A SPECIALTY Satisfaction Guaranteed. Leave Orders. THE MUTUAL SELF-ENDOWMENT -A N"D BENEVOLENT ASSOCIATION OF AMERICA, Grand Central Office, Fort Worth,!Texas. SAM CUNDIFF, President. E. M. MACY, Secretary. B. V. BROWN, Vice-President A. W. MOBRISOK, Treas. Chartered under the laws of the State of Texas Jane nth, 1881. Copyriri t secured by filing title Jur.e U 1881, in the otnee of the librarian of Congress p c PACIFIC COAST DEPARTMENT. OFFICE: No. 7 Powell St. Corner Market. San Francisco OFFICER HON. SAMUEL G. HILBOEN, President, A. W. KF.LSEY, of Sacramento, Vice-President. KSSS. D.. Medic, Direct fJSSSSSS 0AET. J. N. LE0NABD, State gupt., Portland, Or. .,. T,le, object of this Association is to provide endowments for living mcir.bers as well as benefits for families lof deceased members, at the least coat consistent w ith pcriect security, I v issuing endowments as wed as death be-mit certificates. lhe plan embraces two forms, lite and death. One pays at the death oi a member and tl n five equal installments during life. The association is operated on the mutual plan It holders to absorb its earnings, and no trustees anions whom to Divide its surplus ine total uicmbers.np r.itnc association row amounts to nearlv 14, CM) with a steady incrcate each month, lhe association has disbursed to dat,. jf.70,0."S.02 in benefits to the legatees of deceased mem bers, and on maturing coupons. Is loaning from fiftee to twenty thousand per month to living members REVIEW SliMCE ORGANIZATION. the other pays has no siecic- Receipts since organization, . . . $570,23c,0 Disbursements since organization, - - 570 03s!o2 Balance on hauj, - . 201 0G Coupons paid, - . . ; . 80,600 Agents Wanted in every county of the Pacific Coast. F. M- Johnson, Resident Agent, - - Corvallis, Oregon. City Stables Dail j Stage LinE FROM ALBANY TO CORVALLIS. TIIOS. EGLIN, - - Proprietor. On the Corner West of the Engine House CORVALLIS, - - OREGON. HAVING COMPLETED MY new and commodious BARN, I am better than ever prepared to "ee e J For the ensuing four yeai will leave Corvallis each DJTOT AC TrrilWO D!lfICQ PSODWnO UK'r"i" at s u'cl"cki ' LVl"S "' Albany about Dtbl IT ILftlYiO DdaultO, brtlialAutO o'clock, and will startf.cn All any at 1 oelock intte I afternoon, returning to Corvallis about 3 o'eletlc l ins line will Be ore-pared with good tcsin aim care- Having secured the contract to oarrying th United States M FROM Corvallis tc .Alba ny SADDLE HOUSES TO HIKE. At Reasonable Rates. Particular attention given to Boarding- Horses Horses Bought and bold or Exchanged." PLEASE GIVE 3ft; A CALL. ul drivers and nice comfortable and EASY R3DINC VEHICLES For the accommodation of the TEAVELISG I'l'lillC. Wheat and other Grain Stored on the best of Terms by -AT- CORTALL SACKS FURNISHED TO PATRONS. Farmers will do well to call on me before making arrangements elsewhere lS-27-yl THE BENTON C0UNTZ REAL ESTATE ASSOCIATION Office :- -Corvallis, Oregon. M. S. WOODCOCK, Manager. r I v- T to ASSOCIATION will buv ard sell ali classes of Real Estate on rca sonahle terms and wiilthor- ly) ouybly advettise by describing each piece of property entrugtedte it for sale. The lolkjw. in" pieces of property will be sold on extraordinarily reasonable terms: ti pieces oi proper SAW MILL- Undivided i interest in a mill run by water, a good planer and seven acres of land ui-ti' in connection with the mill. Pewer sufficient to ru ,11 iflbrnr uit.lln toil hnilllv to larkt ailll WltlllH about 7 miles 'of Corvallis with an excellent good road to and rem it. Terms easv. FARM Farm all under fence only 21 miles from rwM.n. of if,n acres, An acres now in cmtivatwo, the balance of it can be cultivated; about -JO of it now in wheat with a fair house food barn and graner. will be sold at a ban-aiii. Terms easy. FARM Farm of 47S acres for less than SIS pel acre, beinc; one of the cheapest and 1 est farms in Benton county, situated 4 miles west "f J'onroe. i ot a mile from sgoo4 school, in one of the best neigh borhoods in the state with church piivilot.es handy. About 130 acres in cultivation, and over 400 can he cuitivtacd. All under fence, with (rood two storj frame house, large barn and orchard; has rapinnj water the vear around, and is well suited tor stock: and dairv purposes. This is one of the cheapest iaims in the Willamette Valley Terms easy. I STOCK FARM .320 acres, about SO in cultivation !l.r.O acres t an be cultivated, 0 acres of good fir and oak timber, the balance good li &ss hind. Mi all cenv forta'olc louse iui barn, itiits adjoining an inex .l.austiblc ou raiiL'C makii tr one oi the btst stotlc ranges iu teuton county, tituated aioul 10 miles 'litowcsi oi corvaois. xr ... I FARM- A farm of 136 acres of land situated J mile 11 oni Corvallis. in Lion county, vr. Ail cucer f. o. so iiiios oi rich b Mini 1m. d in cultivation iro acres of good fir, as. ard maple tin-It r; 2 sd Incuses, 2 goid orchards ard two & d nelh- wish ji un ps. Terms: SS0 per acre, ran asr. cown ia .balance payable in one and two v cars, secured by mortgage upon the fauu. ! LOTS Two unimproved lots in Corvallis. One o tne choicest building' places in the city lor sale eas onabie. ALSO Four unimproved lots except fane ed in Corvallis, Or. The choicest building; place in the city for sale reasonable! THOMAS Druggist and Apothecary, AND DEALER IN- paints, oiis, mmm mm cuss, ram, SHOULDER BRACES, TOILET ARTICLES tC. A full line ot B' oks, Stationery and Wall Paper. lh-r drugs are fresOi am1 well selected. Prescriptions compounded at all hourc. 19-27yl The New Steam Yacht 'TRESSA MAY" Is at vour disnosa! for t'ae season of 1S85. Being manned by careful and competent nffleers and crew who will exert themselves at.all times to oblige vis itors. Chaiters a Specialty. Rates reasonable. For terms applv to CAPT. F. E. DODGE, Manager. Newport, Oregon- -222S3in LUMBERFOR SALE! Well seasoned and in the Ware house, a fine lot of dressed riTJSTIO, 0-A.I33"C3r ect. Any party purchasing 5,000 feet or over, may have the same at $24.00 per M. Enquire of T, J. BLAIR.