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.