The Corvallis gazette., February 06, 1896, Image 2

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CORVALLIS. OUKrtOX. rv:". G. 1S96
PUNISHED.
The execution of Lloyd
Montgomery was decently and
skillfully conducted. Those
who witnessed the youthful
murderer's final taking off were
the few who had invitations from
the sheriff of Linn county. Sev
eral newspapers, however, pub
lished every detail of the ghastly
ceremony, thus practically an
nulling any benefits that might
arise from the privacy of the ex
ecution. Many of the incidents associa
ted with the closing hours of
Montgomery's life reveals the
fact that there were a number of
people in Albany whose moral
sensibilities were on a par with
the parenticide. He was con
tinually besieged with such
questions as: "How does it feel
to be so near death?' ' ' 'Do you
realize that you are about to be
hanged?" revealing moral tur
pitude, as well as vulgar curi
osity on the part of the ques
tioners. It was right that the boy
should be hanged. The punish
ment, awful as it was, was not
adequate when we realize the
enormity of the crime. But
the law in such cases, contrary
to its profession, is vindictive
rather than salutary. This exe
cution will hardly have a deter
ring effect upon passionate youths
who may be prompted to similar
crimes. Passion knows no law
heeds no warning. The fate of
this boy, should, however, im
press upon parents the impor
tance of training the child to
control its temper. The crime
was one of the most terrible in
the criminal history of the
state. His prompt and decent
punishment reflects credit upon
the people of L,inn county and
upon the several officers.
Senator . Nesmith ' once
went to Oreo-on "Citv." A little
Irishman was living there who
imagined he had been greatly
injured by the senator and desired
revenue. He saw Nesmith on
the street and ran up to him and
began pounding him upon the
small of the back. After some
time Nesmith turned around and
enquired what was the matter.
"I'm a thrashing of ye, ye spal
peen," reponded the fighting
Irishman. "Oh, keep right on,"
replied Nesmith, "don't let me
interfere with you." This story
was recalled to the mind of an
old Oregonian by the laughable
attempts of the Salem States
man to belabor Representative
Hermann.
The Confirmation of Cop
pinger's appointment seems to
be due more to "influence" than
to the merits of the case. There
were many sound arguments ad
vanced against his promotion
and no good public reason given
why he should be thns favored.
He was advanced over i t. col
onels of higher rank without
any apparent cause. This ap
pointment and this confirmation
does not add luster to President
Cleveland nor to the senate of
the United States. No officer
. should be promoted over the
heads of those higher in rank
except for some known particu
lar fitness or unusual merit.
No Fair-Minded person in
. the state believes that Multno
mah county should be deprived
of her full representation in the
legislature when the proper time
comes - for a new apportionment
of the state. And the proper
time would be now if the legis
lature were in session. But to
have called that body together
simply for the purpose of giving
Multnomah six additional repre
sentatives, as the Oregonian in
sisted, would have been the
height of folly. Governor Lord
acted wisely.
The Attacks of an Eugene
paper upon Col. Alley on ac
count of his criticism of the
State University management are
in exceeding- bad taste. ' The
large appropriation the Eugene
school received this year was due
principally to his efforts.
Every populist in Benton
county has an Oregonian edito
rial in his hat band.
THE REFEREE'S REPORT.
The report of Referee Wood
cock as to the proper disposition
of the Oregon Pacific purchase
money delights the taxpayers of
Benton county. If his ideas Tare
(iually confirmed, the debt of this
county will be reduced nearly one
half, lhis means a decrease in
taxation, a relief that property
owners will gladly welcome.
lax claims of the several coun
ties were allowed priority. As
Beaton has the largest chum, the
other counties relied upon her to a
great extent to impress upon the
releree the equity and legality of
the demand that the taxes be de
clared a prior lien. The attor
neys for this county, Judge W. S.
Ilufford and Joseph H. Wilson,
are entitled to a great deal of
credit for their able presentation
ol the case.
Some popular fault is found
that Receiver Hadley's claim
as cut down by the referee should
be declared prior to the claims of
the employes under him. It
seems, however, to be the neces
sary rule of courts that their im
mediate officers be protected first.
It is estimated that the labor sup
ply and similar claimants will re
ceive about ten per cent, on their
claims.
Mr. Woodcock has given the
matter a deal of attention and
careful study. Whatever the le
gal merits of his findings may be,
they are received with general fa
vor by the public.
COMBOS MOTES.
Miss Leora McFarlan left for
San Francisco Monday.
Any one wishing instruction in
duck shooting should call on Mr.
Lee Beall. He has had great ex
perience. A union meeting of the three
societies, Sorosis, Pieram and Am
aceti, was held in the college
chapel Saturday evening, Feb. 1.
The program, which was excep
tionally well rendered, was as
follows:
The sophomore class has . de
cided to perform a play at com
mencement and every sophomore
possessing histronic ability wili be
enabled to display their talent.
The official program has not been
announced.
- The monotony of military drill
at the college is to be relie ed by
a court martial to be held in the
college ' chapel Friday evening,
Feb. 7. This promises to be very
interesting. Every oue is iuviled
to attend.
After the program was render
ed, the societies adjourned to the
mechanical hall,- where, in the
recitation rooms of Prols. Emmet
and Covell, games were indulged
in, after which refreshments were
served. Several toasts were made
and responded to, when the socie
ties adjourned. Only members
were present.
- Piano solo, "Feast of the
Roses," Miss Uhlman; oration.
"Moderation," F. E. Edwards; vo
cal solo, "Waiting, Yes, Waiting
for Me," Miss Mabel Johnson; es
say, "The Ladder," Colista Mur
ray; declamation, "'J he Tramp,"
Dennis Slovall; essay, "The Mor
mans in Utah," Carrie Lyford; pi
ano solo, "The Jolly Bachelor,5'
Edith Gibson; recitation, "Wait
ing by the Gate," Lval Lawrence.
Debate Resolved that the pulpit
furnishes a greater field for ora
tory than that of the bar. Affirma
tive, E. R. Doughty; negative, J.
S. McCuue. Vocal solo, "The
Sweetest Story Ever Told." W. T.
Lee; recitation, "Rienza',' Miss
Mildred Linville.
MR. WOODCOCK'S REPORT.
AISSA JOTTINGS.
Regular meeting of Hope Grange,
No. 25, next Saturday.
.Miss Belle Gray, of Philo
math came over with the mail car
rier Friday. She commenced
school in Missouri Bend district
Monday.
Miss May Headrick, who com
pleted a very successful term of
school in the North district a few
weeks ago, returned t j Corvallis
last week. r .
The farmers on the south side
are going to build a public dip
ping pen for sheep. The flocks
that have shown symptoms of dis
ease will be carefully attended.
The steel head salmon are plen
tiful at Fall Creek now. W. J.
Headrick, Tom Rycraft and Frank
Warfield went down Thursday
and returned Saturday. They
got all the fish they wanted.
The boys who are at work on
the new road are through blasting
for a while. The two worst rock
points on the road are now finish
ed. There is a good force at work
whenever the weather will per
mit. -
Speaker Moores' letter should
be read carefully by every voter in
the state, as it contains a great
deal of truth and would impress
upon the average seeker lor legis
lative honors (who is now busy
telling his friends what he would
do if he was sent there) that he
would only be one in a body of
ninety when he arrived at Sa
lem. Geo. Mossback.
How the Money Received from
Bonner & Hammond is to
be Disbursed.
Following is the table of find
ings by Referee Woodcock of the
amount of the claims presented
against the fund of $100,000 paid
for the Oregon Pacific railroad
and found in his report filed Sat
urday. The items preceded by a
() are those wherein interest was
claimed and the increased sum in
the last column indicates where
the interest was allowed and add
ed:
der the T. E. Hogg receivership.
The full amount of the claims
for insurance, effected by Receiv
er Hadley, was allowed.
The claim of John P. Fay for
services for Receiver Hadley is
reviewed at length, and the re
feree concludes that Mr. Fay was
employed in the interest of cer
tain bondholders, and not by the
receiver, and hence has rendered
no services and incurred 110 ex
pense which constitute a valid
claim against the fund now in
court.
Referee J. W. Whalley allowed
the claim of L. Flinn for attor
ney's fees to the amount of 3155
Since then Mr. Flinn claims to
The Only
Great and thoroughly re
liable building-up medicine,
nerve tonic, vitalizer and
Blood
Purifier
Before the people today, and
which stands preeminently
above all other medicines, is
KO. NAME AND CLAIM.
1 Material and supplier
2 Laborer!" for receivers
3 Ileidcllbach, assigned labor
4 Insurance certificate?
5 Benton county taxes
0 Corralli city lax v. -
7 School district No. 9, tax '.'
8 Lincoln county taxes
9 Linn county taxes
10 Marion county taxes
11 John P. Fay, attorney foes
12 Bronaugli & Co., attorney fees
13 L. Fiinn, attorney fee
14 John Burnett, attorney fees ;
15 J. K. Pendleton, attorney fees
ltt Pajro & Ellis, attorney feus
17 E. C M. liand, export foes
IS V. L. & T. Co. and Turner, McCluro & KaUon and J
Kryson, attorney fees
19 7-W. L. Low, receivers' certificates ."
20 -D. 1$, Alontigth, recfiver's certificate '
21 W. L. Vance, receiver's certiiieate
22 L. Flinn, receiver's certificate
23 John A. Ciawford, receiver's certificate
24 J. W. Whalley, former referee
25 M. O. Wilkins, stenographer's fees
26 Roseburg .Review, advertising...-
27 Oregon Statesman, advertising
2S Geo. S. Coe. trustee, rents
29 "Wm. M . Hoag, rents and Or. Dev. Co......
30 T. E. Hogg, receiver - -
31 Cbas. Clark, receiver, nothing claimed, acets, approved
32 E. W. Hadley, receiver A
33 T. E. Hogg, receiver, nccts, not app'd short, 30,064 27
34 Levi & Ferguson, costs, etc
Amount fund on hand
Expense of proceeding
Balance for distribution
Amount
Claimed.
....$ 5U.107 4
... HH.1'70 iV
.... 40,(H)0 00
.... 13,807 79
.... ' 1U.4WI 03
4-'3 00
Wili 70
... . 20,019 22
10u4l 50
9,343 15
7,001 95
8,801 00
3,055 00
1.250 00
3,000 00
4,000 00
12,7.34 43
11.
38,270 50
TT 41.000 00
.... 7,000 00
.... 10,000 00
7.000 00
5.000 00
600 00
69 25
65 00
207 10
3,021 70
..." 15,041 78
6,594 60
Amount
- Allowed.
I 08.632 99
138,013 43
48.132 88
10.074 19
lit Am 0.J
42H 00 :
.r).'!0 45
15,941 5;t
10,04 1 56 .
9,343 15!
I
8,861 00 ;
. 8,155 0 '
1,250 00 j
4,000 00
10.C00 00
4G3 35
94,312 17
1,309 60
02,942 57
17,221 00
8.SS0 00
12.400 00
8.SK0 CO
6,240 00
69 25
55 00
207 10
I
3,000 00
4C3 30
Sarsaparilla
It has won its hold upon the
hearts of the "people by its
own absolute intrinsic merit.
It is not what we say, but
what Hood's Sarsaparilla
does that tells the story:
?s Cyras
Even when all other prepar
ations and prescriptions fail.
"As a blood purifier we cannot find
the equal ol Hood's Sarsaparilla.
When any of our family complain of
headache or tired feeling we get
Hood's Earsaparillo, and in a short
time we are in good health." Euth
E. Matheb, 253 Short St., Aurora,
Illinois.
llnnA'a DHIe aro tasteless. mild, effeo
EtOOd S 1"IAS Uve. AU drug!3sW. 25c
should hi discharge! and his
bondsmen exonerated."
Re!
::ve
to
Ed gen ton
1
Another mile stone in the his
tory of the Oregon Pacific litiga
tion was passed last Saturday
morning-, when Referee Wood
cock's report was filed with the
clerk of ths circuit court. It
will be remembered that in the
fall of 1891, The Farmers Loan
& Trust Co., as trustee, com
menced foreclosure proceedings
against the Oregon Pacific and
Willamette Valley & Coast rail
road companies. T. - E. Hogg
was appointed receiver, and
served until March, 1893, when
he was removed, and E. W. Had
ley appointed. After Mr. Hadley
had served ten months, Charles
Clark . was appointed, and held
the position until the road was
sold to Bonner & Hammond in
December, 1894.
After the sale of the road to
Bonner & Hammond had been
confirmed, the next thing was
the appointment of a referee to
report upon the validity and pri
ority of claims against the $100
000 purchase money. Last Sep
tember, A. C. Woodcock, of Eu
gene, was appointed such referee
and at treat labor and oains has
gone through the hundred's --of
claims and presented his findings.
Few persons can imagine the
work and time required by Mr.
Woodcock in examining into the
different claims, together with
the hundreds of affidavits and
other legal documents filed along
with them. His report is a vol
uminous affair covering 172 pages
of closely type-writen matter,
prepared by his official stenogra
pher, M. O. Wilkins, and evi
dences much care and pains in
its prepration. There are thirty
three findings of fact and eigh
teen conclusions of law.
In his conclusions of law, Mr.
Woodcock finds that the claims
for taxes are entitled to priority
of payment- Benton county's
claim 15 for $19,466.63, and is
allowed in full. Should the
money in court be disbursed in
accordance with the referee's re
port, Benton county's indebted
ness will be reduced nearly one
half. The fortunate finding of
the referee in regard to the tax
claims is very likely due to the
very able manner in which the
matter was presented in the brief
of Judge Huffordand J. H. Wil
son of counsel for Benton county
and also to the former's exhaus
tive argument before the referee.
The referee finds that there
should be allowed to the 371 ma
terial and supply claimants for
goods, wares and merchandise
furnished the receivers the aggre
gate sum of - $68,932.99, and to
the labor claimants, $138,013.43.
These amounts include interest
at the rate of 8 per cent per an
num for two years. The amounts
due the individual claimants are
set out in an itemized schedule
forming a part of the referee's
report. -
That there is due A. S. Heidle
bach, J. H. Halstead, John I.
Blear, Joseph Wharton and
others the sum "of $39,525.17.
with 8 per cent interest from
April 10, 1893, on receiver's cer
tificates, issued to E. W. Hadley,
the proceeds of which were used
in paying a 40 per cent dividend
on labor claims that accrued un-
have performed services lor
ceiver Hogg as attorney in five
suits in Lincoln ounty, and asks
to be allowed $100 in each case.
The latter . item Referee Wood-;
cock disallowed, J. K. Pendle
ton, another lawyer, had a claim
for $3,000, which was disallowed. '
E. C. M. Rand, a New York ex
pert, who came to Oregon and
looked the road during the winter
of 1S95, claimed $12,754.43 for
his services and expenses. The
claim was not allowed. The
claim of the Farmers' Loan &
Trust Company, and of Attor-'
neys Turner, McClure and Ral
ston, and J. R. Brysou, for attor
ney's fees and expenses to the
amount of $38,276.50, is not al
lowed. All but $io,oo3 of the
above sum, however, had already
been -passed upon by -Referee"
.Wilalliyv' zmel -approved by the
court, in which report the referee"
found that the claims were due.
In the order of approval, it was
decreed that the claims should
bear interest from January, 1892.
In regard to the $10,000 not in
cluded at the time of Referee
Whalley's report,' Referee Wood
cock deems it unnecessary to pass
upon, as to its reasonableness. In
his conclusions of law, he makes
no provision for his payment.
Of the 24th claim Referee
Woodcock says: " "From an ex
amination I find that said claim
ant Whalley was amply paid for
all the services he rendered as
referee in his suit, and that said I
additional claim should in justice ;
be included, in the claim for:
which he has received compensa-.
tion, and I therefore find that he
is not entitled to any part of the
fund now in court."
In his 31st finding of fact, Mr.
Woodcock says:
"I find from an examination
of Receiver Clark's report, so
far I am able to ascertain, that
he acted honestly and diligently
in the performance of his trust
and that his report should be
passed and allowed, and said re
ceiver discharged from any fur
ther liability, and his bondsmen
exonerated, upon his payment
into court ofLthe money now in
his hands, as such receiver.1'
The amount now in Mr. Clark's
hands is $165. 72.
Commenting on Receiver Had
ley's report, the referee says that
no objections have been filed to
it, and .there is nothing in the
report to show why it should not
be allowed and passed." He notes
however, that, in the deposition
of E. C M. Rand, the affiant
claims to have reported to Re
ceiver Hadley a shortage of a!
large amount due from T. E.
Hogg, and for some reason he
also claims such deficiency was
not reported to the court by Mr.
Hadley. If this is true, Mr.
Woodcock does not think Receiv
er Hadley has performed his duty
but on account of meager
evidence, does not feel warranted
in making a special finding.
Referee Hadley asks for $10,000
due as salary for ten mouths' ser
vice. He was allowed $5,000 by
the referee, from which is de
ducted $2,000 previously paid.
Mr. Woodcock says:
"From the information I now
have, I believe Receiver Hadley
Aggregating the sum of. $ 4,892 20
Secdhd
Claims for taxes .'. $55,746 62
Third
Labor and material claims, attor
neys' fees incurred by the receiv
ers and allowed by the referee,
receiver's certificates allowed
and advertising 341,971 00
It is estimated by the referee
that .09846, or nearly 10 perc
on the dollar will be paid on the
claims in the third category.
"Accompanying the report is an
exhaustive legal argument pre
pared by Mr. Woodcock in sup
port of his findings, which is im
portant as it gives a thorough ex
planation of his interpretation of
the law, particularly with regard
to the tax claims and reasons why
they are entitled to priority of
payment. The work throughout
appears to have been carefully
and conscientiously executed.
The New York Tribune re
ports that a Kansas populist is
at work upon a new scheme to
increase the sum of human hap
piness. He is trying to cross
the milkweed and the strawberry,
so that people may raise straw
berries and cream together.
We fire flot
Cfgiipg
Because times are hard and business quiet,
Bat We fire
Rejoicing
' Over the fact that the many customers who
trade with us
Year In Lr?d
Year Oat
Have lonj; since learned that our stock of
Hardware, Stoves and Tinware, Farm Imple
ments, Paints and Oils, etc., is the very best
to be had in the market aiid our prices
very low.
Everybody
Invited to call and see for themselves.
jSmpgon, Iiion (k
American Gattiolics and-the A. P. A.
By Patrick Henry Winston.
Hogg's administration and rc-
"ti Referee Wood-
"I find that tL. .elver's re-
port should not be passed and
allowed until the various mat
ters are adjusted by said receiver,
nor should he receive or be al
lowed any compensation for ser
vices until said adjustment lis
made. It appears that said re
ceiver remained "in New York
aad maintained an office tl e:e,
when he should have been in
Oregon, where the property was
located. It further . appears in
the various claims in this pro
ceeding that the actions of said
receiver were unsatisfactory to
the bondholders, and that after
another receiver was" appointed
said Receiver Hogg refused to
turn over books' and other prop
'erty to his successor. The total
amount of the claims which are
not approved in said report is the
sum of $30,064.27. This amount
does not include the item of $57
624.36 paid to the Oregon Devel
opment company, for the reason
that with the information before
me, I am not able to pass upon
that item. I think, however,
that said receiver should be re
quired to explain more fully in
reference to said items before it
is allowed."
Levi & Ferguson's claim was
for costs and expenses in a dam
age suit wherein they were bonds
men for the receiver and the
claim was allowed.
There is found to be in the
hands of the court for distribu
tion $94,312. 17. The expenses
of the reference are:
Referee's fees $1,000 00
Stenographer and clerical assistance S54 CO
Clerk's fees 15 00
Total .. $1,369 60
In his conclusions of law, Re
feree Woodcock finds that .the
various -assessments are legally
made and all proceedings in ref
erence to the levy are regular, as
by law required, but that claim
ants are not entitled to interest.
Priority is given to claims, as fol
lows: First
Expenses of this proceeding $ 1,369 60
Compensation of E. W. Hadlev... 3,000 00
Claim of M. O. Wilkins 59 25
Claim of Levi & Ferguson 463 33
The author of this book is a Protestant in religion, a native
born American citizen, and a descendant of the great revolution
ary patriot and orator, Patrick Henry, of Virginia. In politics
he is a republican. nd was United States attorney for the State
of Washington une'er President Harrison. On Sale at Conover'
Bookstore, Corvallis. Price by mail, 25 cents.
l-H
11
tee
UP,
On the north side of our store room we
have placed on this Bargain Counter : : :
EVePphiiig fop Men aqdBo.
Suits we sold at $20, on the counter for $10.
Pant 8 we sold for $3 and $3.50, on the coun
ter for $1.00. Shoes we sold for $2.50 and
$3.00, are on the counter for $1.50. Fine
Woolen Undejfwear we sold for $3 aiid $3.50
per suit are on the counter for $2.10. We
have put something of everything in the
store on the Bargain Counter. We must
get rid of these goods no matter what it
cots n9. Come qniok and get a bargain.
F.
ILLER,
Corvallis, Oregon.
SfrW- ST M"- 'W- JWi Sf Wfc st "Si V TiP' S? JWt
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