The Corvallis gazette. (Corvallis, Or.) 1862-1899, May 13, 1892, Image 1

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    VOL. XXIX. 1
COKVALLIS, BENTON COUNTY, OREGON, FRIDAY, MAY 13, 1892.
NO. 13.
difference in the
erence
lavor, t vrrenorn
and aroma of .smoKing
fobacco5 as in cigars.
MA5TIFF
f PLUG CUT
fantowith the finest Hav
ana ciarj in comparison..
,ifcPACE to&acco co-.aicnMOHD. va..
WILL & LINK,
SOLE AGENTS FOR
H. F. Mi P)
-ALSO-
WEBEB,
Emerson,
Vose & Son
ESTEY,
Newman Bros
(MANS
WONDER" C. C. CONN
Band Instruments.
SHEET MUSIC. BOOKS AND ALT, ',,
KINDS OF MUSICAL 1NSTRTMENT3.
jA's are ihomngtily posted on SEWING MACHINES
and kee ue rest family machines in
the market.
Heedles for all Ends of Haehliic3.
Write for citaloirne and price for anything in our
Joe. Cor. Second and Ferry Streets.
ALBANY, OREGON.
BO WEN LESTEE
Office upstair j tn Farra'a Brick.
Strictly First-class work guaranteed.
Corvallis. - - Oregon.
OVER 1200 BICYCLES
Kept in Stock by
A. W. GUMP 4 CO.
115 East Third St,
DAYTON, OHIO.
AGENTS FOR THE
.Celebrated American Ramblers, The
a : TCI. Pnmlilorc ariH
American Ideal Ramblers.
.Champions, Light Chamaions.
Over 400 Second-Hand Machines in
Stock. Send for Prices and
save Money.
Bicycles, Guns and Typewriters taken
in Exchange.
Extra
STOCKS - CASH - STORE.
THIS "SrESESESL.
Ladies' Half Shoes,
Summer Wash Goods,
Parasols, Etc.
Reductions, in these lines for this week.
Watch for the announcemrnt of oar
Drives for next week.
TlT ,T M flRTTlTihplI T) T). R
UU U. JUL. .UdUipUtiU JJi U. 0.
idiezlsttist.
Corvallis, - Oregon.
Office over First National Bank.
ARGEST STOCK,
ATEST STYLES,
OWEST PRICES.
wmua.MiMMUi
HI.
I:
-ON-
Carpets, Oil Cloths,
LINOLEUMS AND
WINDOW SHADES
A.T KLIISTE'S.
Carpets Sewed and Laid.
F. M. JOHNSON,
ATTORNEY AT LAW,
CORVALLIS, OR.
5TIoes a general practice in all the courts. Also
cruut tor all the first-class insurance companies. 2:21
G. R. FARRA, M. D.,
PHYSICIAN and SURGEON
Special attention given to Obstetrics
r.nd diseases of Women and Chii'lren.
Office up stairs in Crawford & Farra's
brick. Office hours, 8 to 9 a. m. and
end from 2 to 7 p. m.
MONEY TO LOAN.
Money to loan at 8 per cent interest on
farming land in Benton county. Enquire of
J. 11. Markley & Co. Office oyer the post
office, Corvallis, Oregon.
THE CHIT WOOD NURSERY.
J. E. Wilson, proprietor of the Chitwood
nursery, Chitwood. Oregon, has a tine dis
play of Fruit and Ornamental Trees, Ever
greens Grape Vines, Shrubs, etc., etc. FuEB
v&x. Insect Pests. Address,
J. K Wilson, Chitwood, Oregon.
SALARY $25 PER WEEK.
WANTED!
Good ajrcnt. to sell our General Line of Merchandise
A'u xldiin!f. The above salary will be paid
to "lire' agents. For information address
Chicago General Supply Co.
178 West Van Buren St.
SUBSCRIBE FOR THE COR
vallis Gazette, the oldest pa
per in Eenton co. One year, $2
HERCUIiES
Sas apJEassSna
- EMNES -
Trnvo fewer carts, and1 are
TEaaraiL.l VI f r wtar therefore less likely to get out
rf orUer-than any other pas or gasoline engines now
I -t'.u Just light the burner, turn the wheel, ami it
i-aaallday. .
3IAKEB NO SHELL OB DEBT.
Z'.o double or false explosions, so frequent wttn, toe
unreliable spark.
Tot Simplicity It Boats the World.
It Oils Itself Automatically,
So Batteries or Blectrlo Spawfc.
It runs with a Cheaper Grade of Gasoline than an;
other ugine.
rmt sssckipttvx circuities Amsr Tn
PALMIER & REY, Manufacturer:
Soa Franclssa, Cal. and Partlaral, Cr.
Drives
IQfflE
I Buggies a.nd Carriages. All persons
walltinga nice buggy, carriage, hack or cart
will 1 ivpll tn c.-ill at ilie Corvallis Car
riage and Wagon company's factory and ex
amine, hefre they are painted, the nice,
first-class material which is being put into
the vehicles. By so doing, you can save
money and get a good, first-class, durable
job. All work warranted.
BAD ECZEMA ON BABY
Head one Solid Sore. Itching Awful
Had to Tie His Hands to Cradle,
Cured by Cuticura.
Oar little hoy broke out on his head with a bad
form of eczema, when he was four months old.
We tried three doctors, but they did not help him.
We then used your three Cuticuba Remedies,
and after using them eleven weeks exactly accord.
lug to directions, lie began
to steadily improve, and
after the use of them lor
seven months his head wes
entirely well. When we
began using it his head wag
a solid sore irom the crown
to his eyebrows. It was
also all over his ears, most
oinis race, and enwli places
on different parts of his
body.' There were sixteen
weeks that we had to keep
nis aanas uea xomecraaie
and hold them vhen be
was taken no : and had to
Keen mittens tied on nis nanus to Keep his fincer-
nails out of the sores, as he would scratch if he
could in any way get his hands loose. We know
your Cuticuba Rbmedies cured him. We feel
safe in recommending them to others.
txEO. B. & JANJSTTA HARRIS, Webster, Ind.
Cuticura Resolvent
The new blood and Bkin Purifier, and greatest of
Humor Remedies, cleanses the blood of all impuri
ties and poisonous elements, and thus removes the
c:iuse, while Cuticura, the great Bkin cure, and
Cuticura Soap, an exquisite skin beautifier, clear
the skin and scalp, and restore the hair. Thus the
Cuticura Remedies enre every species of itching,
burning, scaly, pimply, and blotchy skin, scalp, arid
blood diseases, from pimples to scrofula, from
infancy to age, when the best physicians fail.
Sold everywhere. Price, Cutiuuba, 50c. Soap,
25c; Resolvent, $1.00. Prepared by the Potter
Druo and Chemical Corporation, Boston.
3Send for "How to Cure Skin Diseases," 64
pages, 50 illustrations, and 100 testimonials.
DIDY'C Skin and Scalp purified and beautified
MtOI 0 by Cuticura Soap. Absolutely pure.
PAINS AND WEAKNESSES
Of females instantly relieved by tba"
new, elegant, and infallible Antidote tr
Pain, Inflammation, and Weakness, thj
Cuticura Anti-Pain Piaster.
EAST AND SOUTH
VIA
Southern pacific Route
Shasta Line.
Express Trains Leave Portland Dally.
BOUTU. " NOKTU
Lv Portland 7:00 p. iii.JLv San Frisco. ...7:00 pm
Lv Albany 10:23 p. ui. Lv Albany 4:23 am
Ar San Frisco 8:1 s a.m. Ar Portland 7:35 am
A bove trains stop only at following stations north
of Itoseburg, Kat Portland, Oregon City, Wood
burn, Salem, Albany, Tangent, Shedds, LiaJsey, Har
risburg, Junction City. Irving, Eugene.
l!ocl)urg Mail Daiiy. ,
Lv IVrtl;itil....s::il a. m. LvHoseburgr 7.00 a. m
Ar Hiwburg....S:50 p m Ar Cortland . . . .4:30 p ni
Albany Local Daily Except Sunday.
lkavk: AiiRivs;
Portland 5:00 p. ni. I Albany .P:0fl p. ni
Albany 0:30 a ni. rortland 10:30 a. m
Lebanon Branch.
2:36 pm..,U... Albany Ar...9:25p m
3:25 V) m. . Ar. . .Lebanon. ..Lv. . .8:40 p m
7:30 a in. .Lv.. .Albany.... Ar. ..4.26 p m
8:22 a m. . Ar. . .Lebanon. ..Lv . ..3:40 i in
Lv Albany. . . .12:45 p. m. Lv Albany 12:30 p m
-Pullman Buffet Sleepers:
SECOND-CLASS SLEEPING CARS,
For the accommodation of passengers hold
ing second-class tickets, attached to express
trains.
Wert Siio BMacn. '
BETWEEN" POUTLAND AND CORVALLIS.
Kail Trite. Sally Iicept Sunday.
LBAVK. I ARKIVR.
Portland 7:30 a.m. i Corvallis 12:10 p. TO
Corvallis 12:55 p. m. Portland 5:30 p. m
At Albany and Corvallis connect with trains of the
Oregon Faciflc Kailroad.
Eipreti Train. Sally Except Snsiay.
LKAVS.
AKR1VK.
McMinnville....7:25p. m
Portland 8:20 a. m
Portland 4:40 p. m.
MJIinnvil)o. . . ,5:45a. m.
Tlirougli Tickets cto all
Pom t- ast and feo ; h.
For tickets and full information regarding
rates, maps etc., call on company's agent at
Corvallis.
E. P ROGERS. Asst. G. V. &P Agent,
R. KOEIILER Jlanaver. Portland, Oregon.
Tickets
ON SALE
-TO-
OMAHA,
Kansas City, St. 3?a-ul
CHICAGO, ST. LOUIS,
-And all Points
East, North and South
PULLMAN SLEEPERS, -.
COLONIST SLEEPERS.
RECLINING CHAIR CARS
AND DINERS.
Steamers Portland to San Franciiio 7017 roar Bays.
TICKETS 'from" EUROPE
For rates and general information call on or
aauress.
W. H. HURLBURT, Asst. Genl. Pass. Agt,
' 64 Washington St. "
Portland, Orebcx
W ?
LOCAL NOTES.
Fruits of all kinds at Small & Son's.
A fu'l line of "coffins and burial caskets
kept by L. Welter & Co.
Take your old silver cases to U. B. Yogle
and get a new one in exchange.
A fresh lot of hand made candies . at
Small & Son's. It is absolutely pure.
Go to A. F. Peterson, for Picture frames.
Best of moulding constantly on hand.'
The Arion orchestra will give their last
social dance of the season at the opera bouse
tonight.
Is it not about time that some movement
was made toward KlvinK Memorial day a
proper observance? i
Rev. "W. T. VanScoy. of Turner, will
preach at the Metho;list church Sunday,
May 15th, at 11 o'clock.
You are always welcome at the furniture
emporium of L. Welker& Co. We are sell
ing furniture at bed rock prices.'
Wanted. L. Welker & Co. want you to
call at their store and inspect a new invoice
of reed rockers and dining chairs.
Rev. Fr. Busclie returned yesterday from
Portland and will conduct services at the
Presbyterian church as usual next Sunday.
Mr. and Mrs. M. S. Woodcock enter
tained a number of their friends tt their
pleasant home last Saturday evening, whist
being the principal amusement of the even-
If you need letter heads, statements,
cards or envelopes you can e.et just what
you want at the Gazette office. Before
giving your order call and see our stock and
get prices.
See the Wonder Lewis Sprat Pomp.
Agricultural Syringe and Veterinary
Syringe. Three in one, the best, the cheap
est. Call or send your orders to J. Wm.
Will, agent, Corvallis, Oregon.
Ry younger son of Judge and Mrs. J.
R. Bryson, was attacked by diphtheria on
Monday and is now in a very;, critical con
dition, with but slight hopes of his recov
ery. Every precaution has been taken to
prevent any spread of the disease.
The demand for typewriter paper has been
ao great of late that we have decided to keep
it in stock in the future. We have just re
ceived a fine line of this paper at the Ga-
zette office and are prepared to fill large or j
small orders at reasonable prices.
Not So Bad After AIL
E. V. Wopd, of McKee's Rocks, Allegheny
county, Pa., in speaking to a -traveling man
of Chamberlain's medicine said: I recom
mend them above all others. I have used
them myself and know them so be reliable.
I always guarantee them to my customers
and have never had a bottle returned."
M r."Wood" "had ; rmnfTyfimsfietfgliutwliiiii g,
when a little girl came into the store with an
empty bottle. It was labeled ''Chamber-
lam s ram Balm. 1 he traveler was inter
ested, as there was certainly a bottle com
ing back, but waited to hear what the little
lrl said. It was as follows: "Mamma
wants another bottle of that medicine; she
says it is the best medicine for rheumatism
sh f.ver used." 50 cent bottles for sale by
T. Graham, druggist.
Letter List. The following is the list of
letters remaining in the poRtoffice at Cor
vallis, April 29, 1892: Arthur Robison, W.
H. Purrish, L. Q. S wetland, C. Ralston,
Thos. Bevius, Geo. Braese, Mathew George
Osborn, L- S. Taylor, Wm. Chalmers, A.
M. Getz, James Gardner, Geo. E. David.
C. E. Moor, P. M.
Chamberlain's Cough Remedy
SUPERIOR TO AS Y OTHER.
Mr. W. J. Mowrey, ot Jarvisville, W.
Va., gays: "Since we have been handling
Chamberlain's Cough Remedy we have sold
it ou a strict guarantee and foand that every
bottle did good service. We have used it
ourselves and think it superior to any other
preparation we know or. 50 cent bottles for
ale by T. Graham, druggist.
Children Cry for Pitcher's Castoria."
OF
ALL
THE LEADING BRANDS.
victor, paragon, rambler, phozstix, rai-
QUOIS. GENDRON, GIANT, MERRILL, Ql
. ANTESS, LITTLE GIANT, ETC.
Prices to Suit all Purses.
Cbas. M. Hopsos, Agent for Fred. T. Merrill
DO OU WANT TO SAVE
From 25 to . 59 Cents on Every Dollar
YOU SPEND?
If so, write for our Mammoth Illustrated
Catalogue, containing lowest manufacturers
prices of Groceries, Dry Goods, Boots and
Shoes, Clothing, Hardware, Agricultural
Implements, etc. Mailed on receipt of 20
cents for postage.
Chicago General Supply Co.
' 17 8West Van Buren St.
Benton County
PLANING MILLS
AUD-
gasH &np Door Factory,
W. P. M ARTYN, Proprietor.
- Doors and Sash kept in stock or made to
order. Mouldings of all kinds in pine or
cedar. All orders will receive prompt at
tention. J guarantee all my work to bo
first-clan. West ot o. r. oepot, terrains,
Oregon. - o-B-M.
Around the ( State "All the close
c lunties iu the state," said E. P. McCor
mick, secretary of the republican state cen
tral committee, to an Oregonian reporter,
"give us good report, and very little disaf
fection among the republicans is known.
Iu fact the republicans are coming into line
better this year than they did four years
ago. " Congressman Hermann will get a
bigger majority in his district this year than
he did at the last election, and W. R. Ellis
will have a walk-over iu his district. Ellis
will have a larger majority than Hermann,,
f jr. he has the district to do it with. Mult
nomah, Columbia and Clatsop counties will
give him a majority of 5000 sure. Polk and
Lane comities are said io be close this year,
as are also Wallowa aud Union counties,
where a joint senator is to be elected, but
there is no question in my iniud but what
the legislative tickets in all these counties
will be elected."
DEAFNESS CANNOT BE CURED
by local applications, as they cannot reach
the diseased portiDii of the ear. There is
only one way to cure Deafness, and that is
by constitutional remedies. Deafness is
caused by an inflamed condition of the mu
cous lining of the Eustachian Tube. When
this tube gets inflamed you have a rnmbling
sound or imperfect hearing, and when it is
entirely closed Deafness is the result, and
unless the inflamation can be taken put aud
this tube restored to its normal condition,
hearing will be destroyed forever; nine
cases out of ten are caused by catarrh.
which is nothing but an inflamed condition
of the mucous surfaces.
' We will give One Hundred Dollars for
any case of Deafness (caused by catarrh)
that cannot be cured by Hall's Catarrh Cure.
Send for circulars, free.
F.J. CHENEY & Co., Toledo, O.
3"Sold by Druggists, 75c. ,
Terrible Mine Disaster. Last Tues
day afternoon a terrible gas explosion occur
red" in the slope of mine No. 2 of the North
ern Pacific Coal company at Koslyn, Wash.,
in which the loss of life will reach to nearly
fifty, exceeding in number that of any other
disaster that has ever been chronicled in the
northwest. The exact notuw of the ex
plosion and the onuses which led to it are not
known and probably never will be. Large
relief forces are at work but all hope of ;llnd
iug any of the men alive has been aban
doned. Roslyn mine i one of the largest on
the coast, supplying the western division of
the Northern Pacific find Union Pacific rail
roads, and has a capacity of 2000 tons per
day. A sad feature of the d isaster is that a
large proportion of the victims leave large
families, and as they have had only about
two days work per week during the past year
many of them are in straitened circum
stances.
IN THE NICK OF TIME.
The nick of time to stop the course of blad
der and kidney complaints is when the or-
ais..ocBerned.e3tbibit a tondency- ta grow
inactive. The healthful impulse toward ac
tivity that they receive from Hostetter's
Stomach Bitters rescues them from impend
ing danger, and averts such dangerous mala
dies as Bright's disease and diabetes. Slug
gishness or tno kidneys increases a liability
to chronic rheumatism, gout and dropsy, and
since the blood is filtered by these organs in
its passage through them, the operation of
the Bittere serves a doubly happy purpose.
jtiie meuicine acts wnnout exciting, iiKe me
fiery stimulants of commerce. Malarial.
dyspeptic, constipated and nervous invalids
are tnoroughly relieved by it. since the ad
vent of that shocking malady, la grippe.it
has been widely demonstrating its usefulness
as a curative and preventive of it.
We have iust received neariv irnir tons of
paper at this office, including letter heads,
note heads, bill heads, statements, envel
opes, and a line line of typewriter paper.
r.. i. i : a ! .1.. , l i i 1;
wto ucitevv luis is biie largest, aim di'ml line
of paper ever brought to Corvallis, and those
wishing job printing or stationery will do
Wfll fai irjva ,ia n siall l?!ra.)la. ,i'jv.l in
all lines of job printing at reasonable prices.
The ladies are awakening to the fact that
thev can get as much enjoyment from bi
cycling as gentlemen ' can. Misses Lena
Briggs and Louise Weber have already se
cured machines, nnd numerous others have
announced their intention of doing likewise.
It will not be long before a large number of
fair riders can be seen enjoying themselves
with their silent steeds.
Cam Hemphill is in receipt of a Inrge and
new stock of Momie lap dusters of artistic
patterns, no two alike, and at prices that defy
competition. He makes a specialty of light
and heavy single harness and can satisfy the
most exacting, both in quality and price.
Examine his .goods before purchasing else
where. "
The plans and specifications of the Chris
tian church are now on exhibition at J. S.
Small's candy store. Sealed bids for its
construction will be received until May
18th. At 3 p. m. the bids will be opened.
The right to reject any or all bids is re
served by the building committee. Address
bids to L. I. Mercer.
DIED.
BRYSON. At the home of her parents in
, this city, on Thursday, May 12th, 1892,
Bertha, daughter of Mr. and Mrs. J. it.
. Bryson, aged 10 years and 2 months. "
The deceased was the only daughter of
Jndge and Mrs. J. R. Bryson and was ill
but a short time, beintr first attacked on
Saturday night by diphtheria in its most ma
lignant form. Everything that medical
skill and careful and loving nursing could do
was done. The sympathy of the entire
community goes ont to the stricken parent?.
The funeral services will be conducted by
Rev. E. J. Thompson this afternoon and
the remains will be interred in Crystal Lake
cemetery. " v
REDUCED RATES.
The Union Pacific system will sell round
trip tickets at reduced rates, Portland for
Astoria, for the Columbia Centennial to be
held at Astoria May 10th, 11th and 12th.
Two steamers daily from Portland and
Astoria. Leave Portland 7:00 a. m. and
11:30 p. m. m 12
Children Cry for. Pitcher's Castorfo.
THE OREGON PACIFIC.
FULL TEXT OF THE DECISION.
Judge Deady Orders Uoth Parties to Hiitcr
into a Stipulation,
It begins to look like the long and tedious
litigatiou in the Oregon Pacitic railroad case
is about at an end, and that the road will
soon be put on a solid financial footing
again, as iu the United States circuit, court
last Monday Judge Deady rendered a de
cision in the case of Liunley Smyth et al.
vs. T. Edgenton Hog$; et nL on the motion
to issue an injunction to restrain defendants
from receiving or assigning a certificate of
the sale of the Oregon Pacitic railroad and
its property. The case was argued and sub
mitted a week ago.
The following is the full text of Judge
Deady's opinion aud decision.
opision.
Jcdoe Deai : Ou February 1G, 1S92,
Limlley Smyth, George De B. Kiem and Jo
seph Warton, bondholders iu the Oregon Pa
cific railway company tiled a bill in this court
against T. Egenton Hogg, Zephin Job, and
William Mackay to enjoin them from trans
ferring a certificate of sale of the road under
a decree of the Benton county circuit court.
Zephiu Job was the bidder; Wm. Maokay
was the sheriff. A restraining order was
allowed, and order issued to show cause.
Afterwards the order was set aside as to
Mackay, the sheriff of the circuit court, and
he was allowed to deliver the certificate if
he saw proper to Zephin Job ; but Job was
restrained from disposing of it, or transfer
ring it in any way. A few days since the
parties showed cause, and the matter was
heard.
"The brll showed! that the company was
largely in debt, and on last October failed
to pay its interest ; that the Farmer's Loan
& Trust Co. who held the mortgage against
it as trustee for the bondholders, brought
a suit to 'enforce the lien of the mortgage,
and a decree was entered for the sale of the
property, to be sold for not less than a mil
lion dollars. The bill alleges that there
was an understanding between T. Egenton
Hogg, the president of the company, and
the bondholders represented by the com
mittee of the bondholders, that the property
should be bid in for their joint and mutual
benefit, and that there should be a new
company formed which should float the new
bonds and retire the old ones and set the
concern ou its legs again. The material al
legations of this bill are contained in the
sixth clause, and are as follows :
Hogg answers the bill aud tiles an affida
vit denying utterly and absolutely having,
or ever having had any such purpose; and
there, i8.jpthinginJth&aseirom one end to
the other to show that he had any such in
tention. There is a answer of Job to the
effect that he bid off this property for him
self, that he did not bid it off for the bond
holders. In a further showing by Hogg and
assented to by Job,' it appears that he bid it
off at the request of Hogg, Hogg being in
New York and telegraphing him to bid it
off and furnishing him the $2o,000 with
which to make the first payment. There
was no particular explanation as to whom
he bid it off for and whom he did not bid it
off for; but really he bid it off for Hogg and
bid it off as the agent of Hogg, and what
ever purpose Hogg had iu the matter ulti
mately was his purpose. As I said, there is
no evidence in the case to show that Hogg
ever threatened or had a purpose to leave
these bondholders out in any reorganization
or settlement of this matter, and that is the
material allegation of this bill ; without it
there is no case. Hogg admits the arrange.
ment made between the committee of the
bondholders and himself as alleged iu the
bill, aud hv willing to carry it out. The
vice in this arrangement was that they
made no provision for the paymaut of the
bid under this arrangement. The bondhold
ers say that they understood that Hogg had
negotations with foreign capitalists by
which he was to obtain the money to pay
this million dollars and other expenses in
cident to the sale, through his own means,
by himself. But he denies this, and there
is no prooi of it; the proof is to the cob
trary; but they made this arrangement,
went iuto this business, aud made no pro
vision for the payinect of the bid. Tney
admit that they made an arrangemeut tu is
sue new bonds, to .issue a new mortgage, a
new company to be organized; but that
could not be done nntil the bid was paid ;
that had to be done first, and it was over
looked altogether. It is not reasonable to
expect that Hogg was goiug to pay. this mil
lion dollars himself "cut of his own pocket
for the benefit of these bondholders, and
there is no proof that he agreed to do it ;
the proof stands to the contrary. Logically
speaking, it ought to be dismissed. Hogg is
not in fault any more than they are all in
fault ; they have made no provision for the
payment of this bid, and the proceedings
come to a stand-still unless Hogg will
raise the money, or they will raise the
money. All the circumstances considered,
I have concluded to make a decree, which I
think will do justice to these parties aud
facilitate a settlement of this matter, which
I think is very desireable.
The following is the decree as finally set
tled by the judge. -
In the Circuit Court of the United
States, for the District of Oregon.
Lindley Smyth, George")
D B. .Keiui, J spli
Wharton, l'laintitts,
vs. - h "';
T. Egenton Hogg, I
Zephin Job, William .
Mackay, Defendants. ;
This case was heard upon the bill of
complaint and the answer thirtto of the
defendants, T. Kgouton Jiogg aud Zephin
Job, and the affidavits and exhibit filed
hercitt by the PMpectiv pa.tie ou
motion for a provisional injunction agains
the defendants as prayed for in the b'll; ami
was argued by Mr. William H. Calkius ami
Mr. Johu P. Fay, couutel for the Cfl;
plaiuauts, aud Mr. Earl C. Broaaugh aud
Mr. Paul R. Deady, counsel for the d.
fcudi'.ntn, when the court took the saw)
under advisement. And now at this day
the court being fully advised in the premises
does order and decree that the complainants
may, within ten days from the date hereof,
accept and sign the stipulation proposed to
them by the defendants, the same being in
the words aud figures following, to-wit.
"In the Circuit Court of the State of Oregon,
for the County of Benton.
The Farmers' Loan and Trust Co.
vs.
The Oregon Pacific Railroad Co.,
o., otal. )
Zephin Jab, having purchased the prop
erty exposed for sale, pursuant to the de
cree of foreclosure in this case, for the sum
of oue'million dollars ($1,000,000) of whirl)
he has paid on account to the sheriff of Ben
ton county, J25.000 and' the complainant
herein having intimated a desire to open,
and set aside the said sale.
Now, therefore, it is agreed and stipulated
by and between the complainant herein and
the said Zephin Job that in consideration of
the complainant refraining from moving tq
set awide the said sale, which it hereby stip.
ulates to do, and in further consideration of
the dismissal on May 2, 1892, of the snif
now pending In the United States circuit
court for the district of Oiegon between
Lindley Symth and others aud the said
Zephin Job and others, with the consent o
the plaintiffs therein (which consent is aim
ultaneously herewith agreed in writing by
plaintiffs, to be given at said hearing on sail)
day) and the withdrawal and termination of
all litigation brought against the said Zephin
Job, for the purpose of preventing the com
pletion of said sale, he, the said Zephin Job,
stipulates that thereupon, and if no otheff
litigation is commenced, he will hold all the
property purchased by him at the said sale
and convey it to a new company to be
formed for that purpose, which shall issun
the securities provided for by the reorgnui
zation agreement, without any further mod
ification than that he shall be at liberty to
hypothecate the said, property ao purchased
for such amount as may be necessary to pro
vide the money to be required to complete
his purchase (31,000,000) and to pay 1J
claims existing against the property at the
time of its conveyance to the new company
including the expenses connected with the
sale and reorganization, together with inter
est thereon from the time the same is paid
the said Job or said new company also to be
at liberty to hypothecate the said property
as security for each additional sum, as may
in the opinion of a majority .of .the reorgaoi .
zation cominitt3e, with the concurrence ot'
the directors of the new company, be ad vis'
able for the purpose of paying any amount
equitably due, forming a lieu on any prop
erty of the company, purchasing steamships
and other necessary equipment and extend
ing the railroad, this additional sum, how
ever, not to exoeed $2,000,000; and that the
said property shall be released from the lien
of any such hypothecation as soon as a suf
ficient sum for that purpose can be obtained
from the contemplated issue of bonds as pro
vided for by the Wins of the said reorgani
zation agreement under the first mortgage
for $10,000,000, with the following moditi.
cations, to-wit: After the words, "if nn
other litigation is commenced" insert the
following, "by or on behalf of any bond
holder or stockholder;" insert after the
words "together with interest thereon from
the time the same is paid," the following
"said sums for which such hypothecation &
made be payahle on or before two yearn
from this date;" and in default thereof the
said motion will be denied and the bill dis
missed: And if the defendant:!! fin mifc ulnrt n
cept and sign said stipulation ns modified
herein with the time aforesaid, defendants
will then be enjoined as prayed for in said
bill until otherwise ordered by this courtj
and either party has leave after the expira
tion ot time atoresaiil, to move the court
npnn the footing of this decree for such re
lief as he may be entitled,
Signed, Deady, J.
E. H. Lamson, Clerk.
Endorsed and tiled May 9, 1892.
MYSTERY CLEARED UP.
The mystery surrounding the disappear
ance of Samuel Mcllree, of Peoria, well
known -in this city, who went to Portland
on the Sth of April as a delegate to the re
publican state convention from Linn county
has been cleared up by the recovery of hii
body, which was found floating in the river
near the foot of Jefferson street, Portland,
Friday afternoon.
Mcllree lived at the house of his brother-in-law,
J. LI. Campbell, during hi stay iu,
t . t 1 .1 4t,. 1 . . : i-
luivuiim, nun duo imu tune 11W3 km iovh
there was on the morning of the 9th. About
twenty minutes after he left the house, an
old man who was fishing near the old city
waterworks thought he saw a man strug
gling in the water some distance below him.
The man he thought he noticed was iu aljl
probability Mcllree.
As Mcllree's watch and $57.22 were
found on his person', there is no suspicion of
foul play. Mr. Campbell is satisfied that
he committed suicide, as he has .been sub
ject to melancholy spells for some time. Af
be was a man in good circumstances, how
ever, there is no reason why anything should
have troubled him. The deceased was 45
years of age and single. He was a Mason
in good standing, and also a member of thf
Knight3 of Pythias lodge of this city.
Coroner River held an iuquest at 2 o'clooV
Saturday afternoon and the remains were
shipped to Shedd for burial the same day,
. Funeral services were conducted at the
house of his bereaved brother and sister by
Rev. Achieson, of Oakville church, last
Sunday, May 8th, and numerous friends,
comrades, companions and relatives -wets)
there to snow sympainy " etju HBectjon
. 1L .. -j." ;
their sad afflictiou. . . 1