The Corvallis gazette., February 07, 1895, Image 3

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CORVALLIS, OREGON, FEB. 7, 1895.
Notice to "Local" Advertisers.
Vat business locals under "Local Happenings"
tiwaiicTTi'ii rate is ten cents Ter line each
insertion; headed local advertisements, without
special position, fire cents per lineeach insertion;
locals nnder "Soecial Notices" heading, five
cents per line each insertion.
LOCAL HAPPENINGS.
Hair catting IS cents and shaving
10
centi at T. C. Case's.
James Cooper, the Independence banker,
was in Corvallis a few hoars Saturday.
Miss Lillian Datesman left Saturday for
Portland, where she will reside daring the
remainder of the winter.
Mrs. M. O. Wilkins returned home Tues
day after a three weeks' visit with her
parents, who reside in Portland.
Thh February meeting of the Benton
County Teachers' Association has been post
poned nntil the 3rd Saturday in March.
Those eccentric little chaps, theBrowBies,
will net materialize tonight as announced,
bat will make their debut February 21st.
Rev. Eolman. of Lebanon, mnole of Mrs.
Martin Burlingame of this city, occupied the
pulpit of the Christian church last Sunday.
Mr. Frank Lilly left (orJSouthern Oregon
Saturday ta accept apposition as a traveling
salesman for a San Francisco publishing
bouse.
Since the firs whioh destroyed the store
occupied by Pearae, Clark & Co., Treasurer
Clark has moved his office to the hardware
tore of J. R. Smith t Co.
Rev. J. M. Shulse, who has been assisting
Rer. Uould with revival services at the
Methodist church during the past two weeks,
left for his home in Salem last Saturday.
This week will be observed at the eld col
lege chapel as a week of prayer, or 'do with
out week.' Cards will furnish subjects for
each night, and all are invited f to attend,
P. A. Moses, pastor.
Some of our tonsorial artists have found
it necessary to furnish refreshments to cus
tomers in order to revive them. Spencer's
patrons need no stimulants to enable them
to undergo the ordeal ot a shave or haircut
All persons wishing to join the Corvallis
Choral Society are requested to meet at the
bouse of VV. Gilford Nash next Friday even-
ins (Feb. 8th) at 7 o'olook. A committee
will then be chosen to seleot the music to be
sung.
From a private letter received from Mr.
J. H, Brand, it is learnecUthat after a siege
of litigation, be and his associates are suc
cessful in all suits and are again in posses
sion of their placer mine, the Victory, one
of the most valuable in Southern Oregon.
J. Fred Yates was in Corvallis Tuesday
on legal busiuess. Since moving to Al
bany, be has built up a nice practice and is
doing well. Fred is a hustler, has ability
nd staying qualities and is fast attaining
' an enviable reputation as one of the lead'
ing young business men of Albany. .
Members of "the" whist club were de
lightfully entertained last Saturday evening
by Misses Olive and Lillian Hamilton.
Whist was in order until twenty hands
were played, when refreshments were
served. . Those present were: Mioses Olive
Hamilton, Lillian Hamilton, Louise Weber,
Mattie Avery, Clara Fischer, Helen Hoi-1
gate, Anna Allen and Anna Samuels;
Messrs. C. O. Wells, Bowen Lester, A. S. I
Additon, B. W. Johnson, Sherman Wade,
L L. Holgate, John Fulton.
. Owing to a little misunderstanding, occas
ioned by the unsuccessful attempt of Bro.
Barclay to drag out andannihilate'the entire
office force one day last week, a notice of
the birth of an abridged edition of the senior
Barclay was suppressed. The gentleman
bas opologized, aud explained his action, by
stating that he was only getting in practice
to keep Barclay II, pride of his father's
heart and terror of night, under subjection.
The boy is doing well, and gives promise of
doing better.
Last Saturday evening about twenty em
ployes of the carriage factory, accompanied
by their wives and sweethearts, marched to
the residence of Mr. and Mrs. Wm. Barn
hardt and took possession of it. . The guests
came to pay their respects to the newly
wedded couple aud did so in a most sub
stantial manner, bringing with them a hand'
somely-upnoisterea sola, which was pre
sented to Mr. and Mrs. Bernhardt with the
compliments of Will's friends and co
workers at tbe factory. The whole affair
was a most complete and agreeable sur
prise. School Director Hershner has a long head.
For some months he has been of the opin
ion that the water company was charging
the district an exorbitant price for its acqua
pura and suggested to the board the advisa
bility of putting in a meter. Then the dis
trict would be compelled to pay for only the
, water used. Finally the meter was "pur
chased and put in at a cost of (22.50. Here
tofore, tbe district has been paying $6.60 per
month for its water service, but now pays
at the rate of 50 cents per thousand gallons.
The meter has now been in use ten days and
during that time less than a thousand gal-
long have been consumed. At this rate the
service will cost about fl.50 per month,
: thus .causing a monthly saving to the dis
trict of at least f5.
S. G. Irvine, tbe Newport real estate
. dealer, stopped over in Corvallis Monday
on his way to Portland. Ia conversation
with a Gazette man, Mr. Irvine stated that
the report of Captain Symons relative to the
Yaquina bar improvements was a great dis
appointment to residents of Lincoln
county. , Many bay people are ot the opin
ion that the situation has been reported in a
far more unfavorable light than is warranted
by the actual conditions. The water on the
bar has been deepened ten Aet already at a j
" cost of about 60,000 per foot This, it is
claimed, is a far better showing than can be
made by any other harbor on the coast.
' Although there may be no further appropri
- ations for Yaquina, there . is now ample
water on the bar to allow the safe entrance
of all vessels engaged ' in the coast trade,
and Yaqniaa can congratulate herself upon
having the best harbor between San Fran
. cisco and Astoria. - '
hot Springs, Arkansas.
Dear Gazette:
Hot Springs, Arkansas, the most famous
of American health and pleasure resorts, is
a cosmopolitan little oity situated in the
heart of the Ozark mountains, with an esti
mated resident population of abont 14,000
inhabitants, and from fifty to seventy-five
thousand visitors annually. It contains
over 500 licensed hotels and boarding houses
and about 100 physicians aud 30 drug stores.
Hot Springs mountain, from which the ther
mal waters flow, is owned by. the govern
ment, and it is here that the army and navy
general hospital is located. The government
reserve comprises four sections (2,560 acres)
of land on which the government has spent
near a half million of dollars in the way of
hospital buildings for invalid sailors and
soldiers, administration building, or bead
quarters, bath houses, gymnasium, shrub
eery, tropical plants, winding drives, walks.
etc As a health resort, Hot Springs enjoys
a liberal patronage, all the year round, bat
it is more of a winter resort for pleasure
seekers. The latter season is just now open
ing, and every train brings representatives
of the "swagger" set from all the' principal
cities of the United States. Of the three
principal hotels, the Eastman, which opened
this week, is the largest and ranks among
the largest hotels of the United States. It
is an imposing structure, covering several
acres of ground, aud crownaa wim tony
towers and observatories; contains eight par
lors, maintains itsown string band of twenty
five musicians printing office, postoffice,
etc. In this "Valley of Vapors one need
not want for amusement, with first-class
theatrical attractions, football, baseball.
horse racing, and all the festive games run
ning at full blast; and for mnsio it is unsur
passed by any other resort in the world. A
coterie of musical artists discourse daily free
concerts in each of the three leading hotels.
and one may laugh at Ringwall's popular
and humorous strains, feel grand ith Mur
doch's stately selections, and become ecstatic
with joy or sadness over Salisbury's great
descriptive.
Donkey riding is quite a popular amuse
meat, and it is not an uncommon sight to
see a 209-pound woman mounted upon a
ISO-pound "burrow," ambling through the
streets at a two-mile-an-hour gait. Ihe
donks live on nothing and board themselves.
and can be "rented" in great numbers for a
mere trifle, with a juvenile colored ooacher
thrown in. Hob Springs has the most varied
assortment of spring water of any oity, on
this sublunary planet. Het, cold, tepid,
iron, arsenic, alum, magnesia, and others ad
finitum. People oome here for the treat
ment of almost every ailment known to the
human race, but probably the most common
is what is called here ."cold feet." There
are seventy-two hot springs with a daily
flow of over 500,000 gallons. The temper
ature varies from 93 to 157 degrees Fahren
heit. Chemical analysis shows that the
mineral constituents amount to but 8 grains
per gallon, so the doetors are fain to ascribe
the healing qualities of the water to its al
most absolute purity, aided by the beneficent
and peculiar heat it brings with it from
dame nature's bosom.
So much for Hot Springs. But for the
"Sunny South," aud of the Arkansas couu
try people in general, I can say nothing to
their credit. Tbey never did have anything.
haven t anything now, and never expect to
have anything. Simply drive an ox team
to home-made wagon to town with a load of
corn or wood, to trade off for a 4 suit or
something to eat, and when that's gone
same thins over again. They are not in
it" with the Webfoot ranchers.
Respectfully yours,
Arkansas Traveler.
P. S. A. M. Weaver, formerly with J.
H. Harris, of your city, is now a "knight of
the grip" for tbe Alcorn Woolen Mfg. Co.,
of Corinth, Miss.
TAKEN IN3ECIIEII.Y.
Mr. Walter Moss, manager of the Calhoun
Opera Company, aud well known by quite
a number of Albany people, being a former
Webfoot, was recently "taken in- in a very
decided manner, in St Louis. A Seattle
paper tells about it: He was in a crowd,
watching a fire, when a pretty woman rushed
down the stairway of the burning building,
and, apparently crazed by excitement, threw
herself into his arms and implored him to
save her. Of course, Moss attempted to
soothe her, and the rest is best told in his
own words: "She soon caught sight of some
one she said she knew, and with profuse
apologies for disturbing me, was soon lost in
tbe crowd.' Shortly after her departure a
bootblack at my elbow exclaimed; 'Yer
watch chain's broke Mister 1' Then I began
to take stock. My watch and diamond
sparkler were gone, likewise a small roll of
bills from my vest pocket. I tried at once
to find the maiden all forlorn, who had left
my fortnne so tattered and torn, but the
earth seemed to have opened and swallowed
her." Albany Democrat,
"IRISH ARISTOCRACY."
The Santa Rosa Republican has
this to
say
of the excellent comedy, the "Irish
Aristocracy," which plays in Corvallis Feb.
8 and 9: A person passing the Athenaeum
Monday night might have thought that
pandemonium had broken loose on the in
terior of that big building. He would not
Wiave been very much in error, so far as ap
plause was concerned, for "Irish Aristoc
racy" created storm after applause, such as
is Boldom heard here. There is a great deal
of catchy music in the play and the com
pany broucht it out very cleverly, The
business" of the Burke Bros, was good,
the fantastic work of the Aleene sisters ex
cellent and the performance of the trick
donkey, as gallery gods would express it,
"out of sight." "Irian Aristocracy" will be
given again this evening with a complete
change of specialties.
Retiring from Business.
All persons knowing themselves indebted
to us,- either by note or account, will please
calf and settle at once, as we ' are going to
close out our business, and must have same
paid at once. S. M. and S. H. Stock.
Go to A. Hodes for all kinds of fresh gar
den seeds. Sold either in package or bulk
heap for cash.
Rug and carpet weaving at Herbert's
Bring your weaving along and we will take
FIRST WAGON COMPLETED.
The Coast Carriage & Wagon
Co. now Manufacturing
Farm Wagons.
It is finished. For some time Corvallisites
have been anxiously waiting to see a sample
of the new steel-geared farm wagon which
the Coast Carriage Company were intending
to manufacture on a large scale. . The first
ob of this kind received the fiuishmg
touches yesterday. It is a beauty, and ap
pears to be a model of the wagonmaker's
art. The new wagon ia light, durable, aud
a great improvement over the old wooden
geared vehicles which have always been in
exclusive nse on this coast. ' The axles, sand
boards, stakes, honnds and in fact the entire
gearing is made of double sheets of cold steel
pressed together under a pressure of 500
pounds to the square inch. These sheets
are each of an inch thick, and are riveted
together in such a manner that the wear
and tear of years of constant use will in no
way effect their strength or durability. In
fact, it seems that the only fault to be found
with these wagons is their durability? They
never wear out, and on this account dealers
will probably not press their sale as they
would tbe wood-geared wagons which have
a life of only a comparatively few years.
The hollow spindles of these wagons are of
steel, and reach baok into the axle some dis
tance. They are also lined with a layer of
steel, thus giving added strength to the
spindle at the point where it receives the
greatest strain. The gear throughout, with
the exception of the reach, brake bar, and
wheels, is of steel. All the timber used in
the manufacture of these wagons, even to
the oak felloes, is grown in Oregon. Some'
how people of this conntry have acquired the
idea that only hickory or oak timber is suit
able for wagon tongues, but Superintendent
Uhlman, who has been a wagoumaker for
over twenty years, says that Oregon fir is far
superior to either of these woods, and the
company will use fir exclusively for tongues.
Lumber for this purpose is sawed to order
by a mill in Linn county. Fir is also used
for constructing the boxes or beds, and is
thought to be far better for this purpose
than any lumber found in the east. The
gear of these wagons will be painted red,
and the bed will be green, striped with gilt.
On the sides of the box and on the rear of
the spring seat will appear iu large letters
the word "Coast." Only the beat materials
obtainable are used in the construction of
these wagons. They, will be built either
wide or narrow tracked as desired, and the
manufacturers claim superiority for them
in every respect over auy other wagon now
on the markst. It is claimed that a 2 inch
skein "Coast" wagon has a carrying capacity
of 2,500 pounds, while an ordinary woooden
wagon of the same size will only support
2,000 pounds; a 3 inch "Coast," 3,500
pounds, a 3 inch ordinary, 2,500 pounds; a
3-iuch "Coast," 6,000 pounds, against
3,000 pounds capacity of an ordinary wagon
of the same size, aud so on. The "Coast"
gear is about 25 per cent lighter than wood
and each wagon is sold with a guarantee.
When the Gazette reporter called, Mr.
Burgh was busily engaged in checking off a
car load ' ot springs ana other materials,
which arrived Saturdayifromthe east. . Last
week a car load of "hickory buggy wheels
arrived from Moline, and two more oar loads
of materials are expected .within the next
tea days. At present the working force
about the factory consists of only twenty
men; but as soon as the material all arrives
the force will bs considerably augmented,
and by the first of May Mr. Burgh expects
the concern will have at least seventy-five
men in their steady employ. The employes
are now at work completing 203 jobs recent
ly ordered, and fifty new carts are in the
finishing rooms. Tils company has a con
tract for furnishing the Singer Sewiug Ma
chine Company with several special jobs
These are now in the painting department.
and when completed will be shipped to
Portland and San Francisco. In the frdnt
room, nsed for a repository, may be seen
samples of every vehicle which the company
manufactures. This display includes hacks,
carnages, surreys, earts, sulkeys, mountain
wagons and so on. These rigs are all com
pleted and ready for shipment.
Recently the dry house was remodeled by
removing the steam pipes from the ceiling
and placing them undsrneath the - joists of
the floor. By this change a maximum tem
perature of 122 degrees can be secured,
while formerly 95 degrees was the limit.
In this building all lumber used in the man
ufacture of vehicles undergoes a curing pro
cess until same is perfectly seasoned.
The'Compauy intend pressing the business
to its utmost, and as rapidly as their trade
builds up the output will be increased. ' The
gentlemen connected with the enterprise
have ample means and are experienced in
the carriage and wagon business. Should
their wagons give the same satisfaction as
other vehicles have done which the company
manufacture they will meet with ready sale.
Already a reputation has been grained by
the company for turning out only first-class
work, and it seems safe to predict that the
Coast Carriage and Wagon Company will be
supplying the entire coast with vehicles at
no distant date.
Hope Crushed to Earth
Will rise again in the bosom of a dyspeptic
wise enough to substitute for the pseudo
tonics, which have bamboozled him out of
his belief in the possibility of cure,
the real invigorant and stomachic,
Hostetter's Stomach Bitters. The
billious, the nervous, the dyspeptic,
the rheumatic, alike derive speedy
benefit from this helpful botanic medicine.
Persons suffering from indigestion will gain
no positive permanent good from the fiery.
unmedicated stimulants of commerce, too
often used recklessly. The Bitters are itn
measurably to be preferred to these as
tonic, since its pure basis is modified by the
conjunction with it of pure vegetable ingre
dients of the highest remedial excellence
Malaria is prevented and remedied by it,
and it infuses vigor into the weak and
sickly. A wineglassful three times a day is
vhe averageUose.
U. B. Vogle has just received a complete
set of trial lenses, and can fit the eye with
the finest lenses made, at very reasonable
prices, with choice of frames from 25 cents
BI,OiGBTT VAItBY.
Ike Norton has returned from a business
visit to Lincoln county. ' ...'
The credit system didn't abolish lsstfSat
urday night at our Lyceum.
J. S. Buchanan, of Snmmit, paid the old
soldier, Impson, a visit last week.
Spring plowing is progressing, finely in
this valley. Scott King and Doc Kiger are
done. -
Warren Norton was4 heard singing re
cently "I'm lonesome since she crossed the
hills." ' '
Alfred Flickinger, with blood in bis eye,
wants to know why he was called Mrs. We
give it np.
Our popular Lyceum president, Scott
King, is rapidly developing into a success
ful executive officer.'
We hear it rumored that there are mag
nets in this county, the attraction and force
from which reach to Polk county.
"She's come home" was the laconic re
mark of George when surprise was ex
pressed at bis return to the valley. . .
' There is considerable excitement in the
vicinity of Norton, Lincoln county, over
the discovery of gold bearing quartz.
A. W. Wood, of Corvallis, accompanied
by his son George, rusticated in our Valley
last week. Abner's smile is as seductive as
ever.
Joe Bryant passed through our valley last
week, en route for his home on the Yaquina,
having purchased a pair ot fine young
mares iu Linn county.
A four-horse load of provisions
went to ' Impson s ranch last week.
He is going to discount the bill of fare at
the Huggins house or. "bust. -
A literary society was organized at the
Troxel school house last Wedne iday, with
Wm. Galaway as president; the names of
the other officers we did not learn. :
Arising to a point of enquiry, we are de
sirous of the information as to whether the
baby carriage advertised in the Gazette
belongs to the editor or not. (WELL, WE
JUST GUESS NOT!)
Iu defense of the credit system, Frank
Sykes made a splendid plea. We more than
suspect, however,' that not enough money
and no team added inspiration to his argu
ment.
W e hear on good authority that old Mr.
Pearl Bryant is not long for this world.
He has recently returned from Eastern Ore
gon and is lying at the residence of his son-
in-law, Austin Alltree, in Lincoln county.
It is not any of our business, but if the
young lady from rhuomatn wants wood
aud the second growth from Blodgett is the
kind and quality she wants, we don't see
why "Jacob" or "Plowboy" should be anx
ious.
Referring to the "ancestry" and "creative
power" of Paul, we are reminded that when
he and his coadjutor, Silas, were confined
in the stocks, Paul had a tendency to talk
back. Thatjtendency has developed into
an actuality.
Our Lyceum ia increasing in interest and
numbers. We doubt whether there is a
better one in the county. Supt. Holm
should visit us and get some pointers We
warn him, in time, however, that should he
lock horns with Uucle Hi Wood, he will be
worsted. ' ' " '
The Oregon ian says Maine returns Sen
ator Frya because he is invaluable to the
state and argues that the same state of
things exists in Oregon relative to Dolph.
We simply suggest that' Maine returns Frye
because it wants him. ! Oregon refuses
Dolph because it does not want him.
Qui Vive.
THECITYiUBRARY,
The pride of any city is its social and edu
cational advantages, its churches, fraterni
ties, halls, reading rooms, and other places
of gathering for- the purpose of higher cul
ture. Literature that is sent abroad, adver
tising our fair oity, in varably mentions the
fact that we have a city library. This argues
the acknowledged worth of this institution
to Corvallis as well as the general apprecia
tion of reading-rooms. The rooms are amply
furnished. Quite a large collection of valu
able books, newspaper and magazines are
kept constantly on hand. The library is
accomplishing a beautiful work in the gen
eral dissemination of literature, and, in some
cases, in furuishiuga quiet reading room as a
resort for some who have temptations that
others are not heir to. The grand work of
promoting the interests of this organization
has been imposed on several ladies who are
sacrificing time, thought and money for the
purpose of accomplishing the greatest poasl
ble good. Tbe expenses, including rent,
insurance, fuel, lights, etc, must aggregate
nearly (200 per annum. This is furnished
by the committee of ladies having the work
in hand: therefore, they should be enconr
ged .vj raising at least twice this amount
per annum so that accessions may be made
to the library, and thereby increase its use
fulness. "
AGAIN CAI,I,I TO THE CAPITA!,.
It seems that R. M. Davisson, who saya
he represents the monied interests of this
section, did not thoroughly succeed in con.
verting Mr. Cooper to the gold-bug senator,
when he was in Salem last week. News
came Tuesday noon that Mr. Cooper bad
voted for Hermann, and immediately the
representative of tbe monied interests
started for the scene of action. Just what
he will represent to Cooper this time is hard
to conjecture. He cannot make him believe
tbe peopfe of Benton county want Dolpb,
or that the telegrams sent him were spuri
ous, for Mr. Cooper very wisely came up
on Saturday and looked over the field him
self. - Tom has been mislead in regard to
tbe sentiment here, but be has too much
good sense to be fooled by the same par
ties a second time.
To the Ladies of Corvallis.
I will be at Miss Whitaker's on Feb. 11
for a few days only. All wishing to see my
new goods are cordially j invited to call,
Mrs. A. Jones.
Karl's Clover Root will purify your blood,
clear your complexion, regulate your bow
els and make your head clear as a bell. 25c,
50c. and $1.00. Sold by Graham & Wells,
- Save money by buying goods now while
Stock's are closing out.
LOWER COURT SUSTAINED.
Supreme Court Disallows the
Set-offs of Avery and Others
in the Hamilton, Job As
signment, This case was- appealed to- tiie' supreme
court from a decision made by Judge Fuller-
ton, sustaining objections to and rejecting
the several off-sets claimed by the appelants
against their several debts due Hamilton,
Job & Co. It will be remembered that
simultaneous with the clbsingjof tbe bank's
door, B. R. Job commenced a suit against
Zephin Job for a dissolution1 of the partner
ship, asking that a receiver be appointed.
J. R. Bryson was appointed such receiver.
After the appointment of the receiver, suit
was commenced by the Agricultural College
against the bank, and B. R. and Zephin Job,
at the request of a majority of creditors,
made an assignment to J. R. Bryson. The
court ordered Receiver Bryson to surrender
the property to himself as assignee. In re
sponse to the notice to creditors, J. M. Ap
plewhite, being indebted in the sum of
$87.15, tendered the check of J. C. Apple
white, drawn upon H. J. & Co., in his favor,
June 10, 1893, (the date the bank closed)
for $100; P. Avery, being indebted in the
sum of $150, offered the check of the Ben
ton Co." Flouring Mills Co., drawn the same
day on H. J. & Co., in his favor for $149.30;
John Smith, being indebted in the sura of
$2,000, presented a certificate of deposit is
sued by said firm to said Benton County
Flouring Mills Co., for $4,000, and duly, as
signed to him June 15th, and also a draft
issued by H. J. & Co. upon Ladd & Tilton,
for $44.90, duly assigned after appointment
of receiver. Both checks issued to Apple
white and P. Avery "were given to and
received by them subsequent to the closing
of said bank, with knowledge thereof, and
could not therefore have beeu presented for
payment prior thereto." The allowance of
these set-offs was objected to by Ladd as
one of the oreditors of the bank. The opin
ion delivered by Judge Moore is as follows;
"The record discloses that J. R. Bryson
was appointed receiver at abont 3 o'clock in
the afternoon of June 10, 1893, and that P.
Avery received his check, drawn that day
upon Hamilton, Job &Co. before that hour,
but that he accepted it with knowledge that
their bank had suspended payment, and the
question is presented as to whether Avery
is entitled to off-set the said check against
his debt.
"The rule appears to be well settled that
an equitable interest in an insolvent debtor' s
estate is vested in a leceiver by his appoint.
ment, and that he takes the assets of the
debtor as a trust fund for the equal benefit
of all the creditors of the estate. The re
ceiver can acquire no greater interest than
the debtor had in the estate, and hence
choses in aotion pass to the receiver subject
to the equitable right of set-off existing at
the time of his appointment. When a re
ceiver is appointed the accounts of the in
solvent debtor are closed, and no changes
thereafter be made by any assignment of
credits against the estate, as this, if allowed,
would injure the trust fund and defeat the
ratable distribution to which each creditor
is entitled. '
In Northampton Bank vs. Blliet, 42
Am. Deo. 297, it was held that 'The impor
tant period to determine the right of the
assignee and the defendants is not the time
of the assignment, butjthe time the defend
ants had notice of it, and this principle ap
plies as well in the case of set-on as pay
ment.' This would seem to imply that the
debtor of an insolvent might, until he had
received notice of the (insolvency, acquire
claims against the insolvent estate to off-set
his indebtedness, upon the theory that he
was au innocent purchaser, for a valuable
consideration without notice. Applying
this rule to the facts in the case at bar,
Avery could not be an innocent purchaser,
because when he acquired the check he had
knowledge of the suspension, and hence
not entitled to the off-set claimed, thongh
in fact he had the oheok a few hours before
the appointment of tue receiver. The other
claimants are even lea favorably situated,
they not only obtained their checks with
knowledge of the suspension of said bank
but presumably after the appointment of
the receiver, and are therefore not entitled
to off-set them against their several debts.
The appointment of a receiver in a suit
to dissolve a partnership does not of neces.
sity preolude its debtors from aoquirmg
claim against it with which to off-set their
indebtedness. If the partners are solvent
their oreditors are not bound to wait until
the equities between their debtors have been
,d jus ted.. The assets in sach. cases are
treated as still belonging to the firm, and
subject, in the ordinary method, to the pay
ment of the partnership debts. If the rul
were otherwise, partners embarrassed by
the scarcity of mouey, depression in busi
ness, or injury to their credit, could com
mence a suit to dissolve the partnership and
oy securing the appointment of a reoeiver.
continue their business through him as their
ageut until ready to meet their obligations,
when ty dismissing the suit tbe receiver
would be discharged, and they could resume
business 'at the old stand.' Equity will
not aanotiun or tolerate such a rule, or per
mit a solvent firm to plead the appointment
of a reoeiver in bar, or abatement to an action
for money due when the real object sought
by the appointment of the reoeiver is to set
tie the private differences of its members, or
to hinder, delay or defraud creditors. But
in a suit to dissolve a partnership, and for
the appointment of a reoeiver, when the or
der of the court making the appointment
shows that it was done for the puipose of
distributing the assets among the creditors,
it must oo treated as an equitable assign
ment for their benefit.
"The order of the court in the case at bar
appointing the receiver provided for the
collection of the firm debts and tbe applica
tion of the proceeds thereof to the payment
of its liabilities, and hence must be treated
as an equitable assignment for the benefit of
all the creditors. The receiver being an
officer of the court having taken possession
of the property of the firm a lien attached
thereto, in his favor, and the court through
him became its. custodian for the .benefit of
all the creditors, and while this property
remained in costodia tegis it was impossible
for and creditor to acquire a lien thereon, or
in any manner" secure a preference over the
other creditors, aud in the absence of any
statement of 1 act it is difficult to- ascertain
how an attachment could have been levied
upon the assets in the bands of the receiver.
"It is contended that the assignment
made by Hamilton,' Job & Co., discharged
the equitable lien lipoir the asSctifof'' said
firm, created by the appoinitment of the
receiver, and that the several appellants
having acquired their credito prior to the
assignment may off-set them against their
respective debts, aud in support of this con
tention the appellants insist that the ap
pointment of a reoeiver constituted an equi
table attachment, and' that no judgment
having been rendered therein the lien created
by the appointment of the receiver was dis
charged by the assignment of the debtors
for the benefit of their creditors.
"The manifest object of tbe statute is to
place tbe assets of an insolvent debtor in
the hands of the assignee for the benefit of
all the creditors,, in proportion to their re
spective claims and to prevent any creditor
from acquiring a lien upon the debtor's pro
perty, or the fund arising from its sale. If
the appointment of the receiver, creating an
equitable lien npon the assets of the firm,
had been for the benefit ot a favored few,
there would be just reason for holding; that
the assignment discharged such equitable
lien; but when it is remembered that the
receiver took an equitable interest in the
assets as a trust fund for the benefit of all
the creditors, and that the assignee now
holds the legal title thereto for the same
purpose and persons, we see no just rnaaou
for holding that the receiver's lien was dis
charged by the' appointment cf the asaignet ,
when the only effect of the proceeding: was
to merge an equitable into legal lieu for
the benefit of all tho creditors. AU the
creditors, under the receivership, had an
equitable lien Upon' tbe assets of tbe firm,
and under the assignment they have a legal
lien upon the - fund arising from a sale
thereof. To admit that tbe equitable lieu
was discharged by the assignment, and that
the appellants, having acquired their claims
against the insolvent's estate subsequent to
tbe appointment of the receiver, but prior
to tbe assignment could thereby off-set them
against their debts would be to give the
statute a construction never contemplated
and contrary to its manifest object. To
odopt the appellants' construction would be
equivalent to holding that they had acquired
lien upon the fund, or the right to off-set
their claims against their debts, in spite of
the statute which provides that suoh fund
must be preserved for the benefit of all the
oreditors.
"There being no error in the judgment it
follows that it must be affirmed, and it ia so
ordered."
The Gazette wishes here to thank; J. J,
Murphy, clerk of the supreme oourt, for the
copy of the above decision he so kindly fur
nished.
THE CHURCHES,
Congregational Church. Sunday School
10 a. m.; preaching 11 a. m. and 7:30 p. m.;
Junior Endeavor, 4 p. m.; Senior Endeavor
6:30 p.m.; prayer and conference meeting,
Thursday 7:30 p. m. H. J. Zercher, pastor.
Methodist Episcopal church: Corner 2nd
and Yan Buren streets, Rev. Hiram Gould,
pastor. Services every Sunday at 11 a. m.
and 7:30 p. m.; Sunday school at 9:50 a.m.;
Epworth League, 6:30 p. m. . Thursday,
prayer meeting at 7:30 p. m.
M. E. Church, South, old college chapel:
Preaching at 11 a. m. and at 7 p. m. each
Sabbath except the third. ' Sunday school
at 10 a.m., and prayer meeting at 7 p. m.
Wednesday evening. The public is invited
to attend. P. A. Moses, Pastor.
Christian church: Services every Sunday
at 11 a. m. and 7:30 p. m.; Sunday school at
10 a. m.; Junior Y. P. S. C. E. at 4 p. m.,
and Senior Y. P. S. C. E. at 6:30 p. m.
Prayer meeting Wednesday at 7:30 p. m.
Choir practice Saturday night. - Frank
Abram-Powell, pastor.
Episcopal Church, corner of 7th and Jef
ferson streets: Services every Sunday at 11
a. m., and 7:30 p. m., and on Wednesday
evening at 7:30 p. m. Lay services every
2nd and 4th Sunday of each month. All are
cordially invited to attend, especially those
without other church home.
Baptist church, Jefferson St., between 4th
and 5th, Rev. W. H." Dorward, pastor.
Sabbath services Sunday school at 10 a. m.;
preaehiiur at 11 a. m., and 7:30 p. m.; B. Y.
P. U. at 6:30 p. m. Thursday Song and
prayer servico at 7:30 p. m. Ladies Aid
Societv on Friday at 2 p. m. Free seats. A
cordial welcome to all. ,
Presbyterian church, corner 4th and Jef
ferson streets, Rev, E. J. Thompson, D. D.,
pastor. Sabbbath services: Sunday school
at 10 a. m.: nublic worship, 11 a.m. and
7:30 p. m.; Junior C. E. at 4 p. m.; Y. P,
S. C. E. at 6:30 p. m. Thursday: Praise
and prayer service, 7:S3 p. in. Ladies' Aid
Society, 4th Wednesdi.y of each month atj. 2
p. m. Ladies' Missionary Society, 2nd Wed
nesday of oach month at 2 p. m. A kind
welcome to all.
- Captain Sweeney, TJ, S. A., San Diego,
Cal., says: "Shiloh's Catarrh Remedy is
the first medicine I have ever found that
would do me any good." Price 50c. Sold
by Graham & Wolls. -
Sewing Machines.
- .
- Buy your sewing machines direct from
Will's Music Store, Albnny Oregon. No
agents emDloved. We will save you a
week's wages. Write us and be convinced.
All the leading machines except the Singer,
We have been selling machines ten years,
Our personal guarantee with all first-class
machines.
For Sale A first class Remington
type
writer at Stock's. t
FOB A CASE IT WILL. NOT CUBE.
An agreeable laxative and Nekvb' Xowjcv
Bold by Druggists or sent by mail. SSoaQo.
and 8L00 per package. Samples feroS,
Tm TTft The FavorttoTOeTB P0WBE8
1J lAw forthe Teeth and Breath, 2uo.
Sold bvt Graham & Wells.
SOME OF THEIR BUSINESS.
"A Native Son" with a question mark
asks the Times . why . Judge Bryson, Bnr
nett and McFadden send some of their boys?
to the State University at Eugene,-when w)
have a college at homo. It is hoped that this
over-weaning curiosity will be satisfied by'
the gentlemen named. But why shoaldl
they be singled out and asked to divulge
their family' affairs? It is currently re--ported
on the streets that Judge Buraett
prefers eorn-meal'paucakes to those made nr
buckwheat; that Judge McFadden keeps as
Irish servant girl aud refuses to amplojr"
tboso of Teutonic extraction, and thafc
Judge Bryson employs a Chinaman and1 -
turns a deaf ear to' thV entreaties vf the5 .
Japanese. These gentlemen being leading:
citizens of our town, all of these matter)
are of the utmost local interest aud it is
hoped '-Native Son" with a question mark.:
will continue his interrogations until he -
wrests from the honorable (judge all the
little matters that tbey might feel disin-
clined to advertise in the newspapers.
$100 Reward:
The reader of this paper will be pleased 1
to learn that there is at least one dreaded!
disease that scienco has been able to cure in
all its stages, and that is Catarrh. Hall's
Catarrh Cure is the only positive cures
known to the medical fraternity. Catarrh,,
being a constitutional disease, requires
constitutional treatment. Hall's Catarrh-
Cure is taken internally, acting directly .
on tho blood and mucuous surfaces of the?
system, thereby destroying the foundation of
the disease, and giving tbe patient strength-
by building up tho' constitution and assisting."
nature in doing iu work. Tbe proprietors
have so much faith in its curative powers,
that they offer One Hundred Dollars for any'
case that it fails to cure. Send fop list oft
testimonials. '
F. J. CHE NET & CO., Toledo;-
gjJJold by Druggists, 75o. . ,..:
' A. T. Buxton carried off tbe honor at tUe
oratorical contest last Friday evening- and"
will represent the agricultural college at?
the coming lnter-collegiate oratorical oon
test to be held at Forest Grove, February
22ud.
Our new stock of hats for' sflrinlg are now
in. Call and see the latest styles. Canselli
them for less money than- others sell old!
ones. Miller's clothing store.
Shilob's Cure, the great Cough and Croup
Cure, is in great demand. Pocket size con"
tains twenty-five doses only 25o.- Sold by
Graham' & Wells. '
TO FRUIT GROWBRS.
Pruning and grafting a specialty, A6V-c
dress A Hunt, Tangent, Oregnni.
Dutchess
Trousers.
SOLD Under tfiis fcuarauf e&
You may buy a pair of Dutch
ess Wool Trousers, at $2.00,
$2.50, $3.00, or $3. 5$, and
wear them two months.
For eyery Suspender Button
that Comes Off, we will pay
you Ten Cents.
If they rip at the Waistband
we will pay you Fifty Cts.
If they rip in the Seat or
elsewhere, we will pay yon
One Dollar or gfre you a
new pair.
TRY A VmL
FOR SALE AT
Headquarters for Clothrng,
Corvallis, Oregon.
Remember, the drawing for
the Parker Gun takes plsco
April 1st. Get your tickets
early ss the quantity is lim
ited.
, Notice toCredltorg,
In tho matter of the tataW)
of r
J. M. Applewhite, deceased. i
Notice is hereby given to all persons coo
Aarnni" tVint fka nniriie!nAi1 Ik a a Kaon eTuls
Appointed administratrix of tbe estate at
M, Appleweite, deceased, by the eeunbr
court of Benton county, Oregon, ami all
persons having claims against said astata
are hereby required to present tie same,,
duly verified, accompanied by the proper
vouchers, to the undersigned, at tbe first
National bank of Corvallis, Benton eoonty.
Oreiron. .within six months from the dale
, c r. i Tlit nnrTTTira
nereoi. , o. aj Aixiianaija,
Adn)inistrarlx.
Jan. 5th, 1895, A. p.
W. TAYLOR,
House-Cleaner, Gardener, ad
.... General Jobber,
! Carpet Laying and Cleaning, Chissnegr
Cleaning, . Whitewashing, and Window
I Cleaning a Specialty.
5Everywhere7
f Sold Everywhere.
f Grown Everywhere.
f HRRY& OEEDS
PV Ask yoor dealer for ttaem Send tor Mm
Kerry's Seed Aaaaal tar 1895. f
V Invaluable to all plantenaod lovers M I
1 of Fine Vegetables and Beautiful
Flowers. Writ for tt Free. S M
w I. M. FERRY JU OOU, .
X Beto Mick.
either money or produce in pay. I to $7.50. . . , ..
. ' v
L