HE EUGENE WEEKLY GUARD.
KmBLIIIIKII KOK TiK BIMRimTiM OK DBlOCkiTIC NtlHIFLEI. Ill Til Vh U BUniIT LIWKb BT THKIIrMT UP tll'll Balls
33
IBVIVTVJJ
EUGENK, OREGON, SATURDAY, APRIL 21, 1900.
no :;j
Tr: j ni
Beautiful line
All the
shades,
JONES ON DEWEY mkinley discharged. utOTHiRiwmctti Tffl SM1TS0N CASE. MOHAWK RAILROAD.
Hunks the Admiral a Vice
Presidential Possibility.
arl
Modes,
Reds,
Grays,
new
Tans,
Blues,
Greens,
Browns
Tagals Attacked Americans
Cagayan -Were Repulsed.
at
Slates.
Prices from 75cto $1.75
UPTON BROS
Y EUGENE GUARD.
t mmu.", ruo sncrs
e nt Willamette wtreet, l-
TfDth nut KiKhth NtrveU
... l.iri.,.an twitj vV
$2.00
1.00
80
i - i 1 1 1 . ' 1 1 m.i
N K MAIIKI.KV
awa.
EkDI. OKKiiOM.
BITSOX.
DEMIST.
turn hp Dm no nxauraa m
maul W V II.m:.I i. I km
iitSitboir naiil office.
Jbrktp work a specialty.
SUGAR BEET FACTORY.
What It Means to Lane County.
That 14,000,(00 pounds of sugar will
be produced in Lane county cajh
year.
That 1,000 men will
merit in growing beets.
flnil employ-
That 880 me
the factory.
i will tie employee iu
OOMEZ ON CUBAN SITUATION.
special to tlitj uuaru.
Havana, April 17. General Oniui z
says the Cuban patriots did not tight
to fc'et out of tl.e Spanish yoke tn be
i 1 i under the American heel.
He says be ha faith iu ihe integrity
and honor of the Aiueican people,
and believes they will regard their
promises made about Cuba.
PHILIPPINE FIGHTING.
Special to the ucasd.
Manila, April 17 Twelve hundred
TmjjhIh attack) it General Cafe's head
qtiaiters at Cagayan on the tit li I nit.
They were dispersed Willi an insur
gent losa of SN. The American los-s
wan 15.
JONES OX DEWEY.
Special to the Ucasd.
Washington, April 17. Senator
JODCfl, chairman of the national
democratic committee, does not think
Admiral Dewey may be reckoned as a
pre-identlal possibility.
He Is of the opinion, though, that it
might happen that he would be named
for the vice-presidency.
Chain, Jew
mwil uuiMfa
wimnttnl.
IX M II
to 11 am; IS to 2, 1 to '.I p m.
Il l I II L
.... Bfiii -un. v .
"wa aimvil H V III intuitu
EccLvr, Orkoom.
uV,
TV ... . .
....... jxi liilT,
u ""mna ni iimnere iu
"ofty tu oa u reai mute.
- v n (KXIcock.
That 3,000.000 brick will tie burned
for the building.
That 150 cords of wood will be used
each 24 limn- in the 12 150 horse
power boilers required Iu the factory.
That Lane .runty will be the moat
progressive and prosperouseub-dlvlslon
of Oregon.
Sylvester-Jennings.
I'ii: y Guard, April 16
Mr. Claude Sylvester and Miss
Helen Jeuuiugs were married a 5
o'clock yesterday afteruoou at the
home of the bride's father, Hon. A. C.
Jeuuings, on West Fifth Street, by
Rev. Morton L. Rose, of the First
Christian church. I he ceremony was
performed iu the presence of the immt
diate relatives and a few intiuiate
friends, and was as quiet an It wan
liupreesive. The youug couple baa
many friends who will extend to tbeni
best wishes iu which the Guard
sincerely joins. Mr. Sylvester is press
man of the Guakd, and a capable
man. They will continue to reside iu
i hi- city.
BHumut, m. a
AND BTJBGKON,
Hno, Oregon
Government Gould Not Make Out
a Binding Over Case.
SEVENal WITNESSES EXAMINED.
Special iu the Guard.
A l. ban v, April 17 2:15 pru Horace
G. McKTnley, the well-known timber
laud cruiser and In at ir, had Ins trial
iu this city yesterday and tislay on the
charge of subnruatlon ol peijury iu
securing the aftldavits of settlers to
false statements.
A number of witnesses wcie present
from ltoseburg and other places. The
government failed to subs untlate lis
charges, aud McKinley was discharged
by Commissioner Moutayne, before
whom the examination was held.
EUGENE BRICK YARD
Has Been Purchased By J.
Martin.
M.
J M Martin has purchased the brick
yard west of this city from J H UM,
and has already begun making brick
for the building of the approaching
season. nils plant, in us present
condition has a capacity of aisiut 700,000
brick during the season, and the
Indications are that every brick which
can be burned will be needed for the
building! now going up or in contemplation.
Jealous Wife Shoots.
A dispatch to the Portland papers
from Halem gives an account of a
shooting aflray Sunday morning,
wherein Joe liasey was tired on by his
wife. It says in part:
"This couple has had a rather lively
experience the past few years. Tne
UGFwr
Savings Bank
Eugene, Oregon.
M P I I
T" vSJU.UUU
' 2,500
NS.INO RlieiMr... ......
-"OV3RABLE TERMS
An Open Letter.
EUQENE, Or., April 14, 19l0.
Editok Guard Dear Sir: I am in
formed that my name Is placed on the
prohibition ticket as a candidate for
joint senator. I wish. Mr Editor, to
thauk tho-e well meaning friends of
mine for the honor conferred upon me,
and while I am iu hearty aocord with
the principles of prohibition, I am not
a candidate for any office In the gift of
the people from that or any other
political party. For nearly 40 ye-irs I
have been trying to nil to the best of
my ability a more sacred onice man
that or any other political party can
confer upon me, and I cannot adoid
at this late hoar to enter the muddy
pool of politics.
With all due respect, let me say that
positively decline the nomination.
Yours, J. C. Richardson.
PUBLIC SPEAKING
Cyclone
Davis,
Of Texas, the greatest stump speaker in
America will address the citizens of
Eugene, Oregon,
On
SATUHDAY, APRIL 21,
at 1:30 o,clock in the afternoon. Every
body invited.
At Cottage Grove. April 21 in the Evening at 7:30 O'clock
on ii,
ra to.,
- ""I
aw ...
ITitic'nil eltle .r Ika
11. CO ntrlua
: DtanUld Certltlcatei of
"''"I Ivriod.
r ' rinnpt attention
"-"Hit i ' """1'iaiu
wirn iM bouulil
iter
-aaai,
0. A. PAINE.
Vice Present.
BROWN.
Ami Cathler.
EGQUNTY BANK
FIRST
BenhbergCf . Johnson. Sheriff
Opinion of Lower Court
Reversed
Hi rnhberger vs Johliaon, Sheriff et
ii, reversed; opinion of Cnlef Justice
Wolvertou.
Mi L. Heishlierger. appellaut vs. A.
J. Johnson, sheritt of Laue county, J.
W. ( rider anil Sears, r ssiudeuts;
appeal from Lane county, J.C. Fuller
ton, judge.
The contention of this suit is as to
the ownership ol a cerlaiu saw mill,
l-oller and eugiue, and all machinery
of said saw mill, ('rider sold the prop
erty to Levi P. Hershberger Iu IHttS.
In 1897 Crlder brought suit against
Levi I'. Hershbeiger, accompanied by
attachment proceeding, under which
aaid property was seized. Crlder
obtained judumeut, the properly In
question was sold and was bid iu by
( rider aud Sears. Wheu they went
to take possession It was refused by N.
L. Hershberger, who claimed to nwu
the property by purchase from one
John M Williams t'pou application
of Crlder and Sears, judge FuUertou
caused a wi it to Issue directing SberifT
Johnson to put them iu osaeKslon,
and before tin- writ was executed this
suit was brought enjoining the shedll
from proceeding thereunder. At a
trial later the Injunction wasdtssolved,
hence this appeal. The title of N. L.
Herahtarger to the property Is derived
Irom Williams through an attachment
Issucl from a justice court and Judg
ment thereof. The rcsiHindent con
tends that ihe property iu question
was In the nature of realty and could
not lie subjected to Ihe decrees of a
justice court ; also that the pretended
title was nbtai tied through fraudulent
ooHuion.
The only point involved Is whether
the praperty Is personal or realty. Ihe
opinion holds that thetnller, engine,
saw mMI, etc , were placed upon leased
1 mil mule express agreement witli the
owner of the laud ami that they should
not become part of Ihe realty, aud that
St least nue of the defendants had
notice of tills condition. The opinion
holds that such an agreement la ft
vtlltlone, and will operate to preserve
the original character of the chattels
allected thereby. The decrex of the
lower court is reversed aud one en
tered here making the injunction perpetual.
lUli
shed
n IIS.
OREGON.
tolhj kuiiPBis in all branches
on favorable terms.
&KLPrdent
i Asst Caahier.
National Bank
Of Eugene.
Paid up Cash Capital 850,000
STEAMER EUGENE SOLD.
She Brought Only Fifteen Hun
dred Dollars.
Special to tr.c'luart!
Portland, April 18. -The libeled
steamer En ene was sold to M Olson
antfT W Nordby, of Portland, this
afternoon by U S Marshal Zoetb
Houser for $1500, to satisfy attach
ments filed by 1 Gray et al
She est between f 7,000 and $9,000,
and is only about one year oM. BO
Surplus
S50.0O0
Oregon.
Kentucky Governorship.
Washinciton, April 16. The su
preme couit today set April 30 as the
date for hearing the Kentucky gover
norship case.
Eugene
a GENERAL BANKING BUSINESS
J iKme on reawmabls terms. Sight
drafts on Chicago, San Franciaoo and Port-
I I I I - r,
Bills ol Tcbangs sold on foreign c:nntriea. j Te kCcident at the Bootb-Kelly
Heposiu receiver! subject to check of certifi- j ml ye.t .rdy whereby O. K.
SnJ&!3m entreated to m wUl rscl Ogden had his left i broken, was
prompt attention. caused by a heavy lltnl er falling on It
P. E. SffoDoiuJM, The leg was iiroken iquarety near tue
DallrOuard, April 17
( AL3KD BY A HEAVY TIMBER.
T O HlltDBICM,
Preaidant
8 B KaXia,
Vloe 1're.i :. ut
L
Caahier.
H. Pottxb.
Aaa't C'aahnu
j ankle. Dr. D. A. Paine altenuen tne
man wbo U now resting esay.
woman was a Mrs Hines, and is con
siderably older than her husband, who
was but a mere boy when he began
'boarding' with her. They had several
quarrels, aud site had him arrested fur
aasault once, but they always made up
again snd finally were married about a
yeirago. She has been inordinately
jealous of him, and has insisted on
keeping her eye on him pretty closely.
Ye-t'idsy morning lie waa about logo
ip town when the disturbance arose
She did not want him to go, and to
enforce her wish she pulled a tevolver
and began blazing away while he waa
sitting down lacing his shoes. He
ran around the rooms and nut the
nack, his wife firing four shots ut him,
only the last one taking efJeOt, though
ha imagined he was hit every tlm the
gun cracked."
The "woman with the gun" formerly
re-ided in Eugene, and kept a number
ol her acquaintances In this dis
interested on several occasions.
UNSTAMPED DEEDS.
County Cannot Lawfully Affix
Stamps to Instruments
Received.
A matter pertaining to the handling
of deeds and other legal Instruments
vlhich may come to a county clerk's
recorder of conveyances with uo
revenue stamp affixed is mentioned In
a Waehluglou dispatch, which says
that the commissioner of Internal
revenue has received a number of
inquiries from reiristera of deeds, olerka
of courts, and others, asking whether
they would be Juslffied In recording
deeds, etc, which are seut to them
uustampi d. They represent that deeds
are otleu received from persons who
cannot conveniently procure stamps,
asking that they be affixed by the
iccorder. The commissioner ana were
In the negative, aud In his reply states
that the grantee or person who makes
or issues the lusliumeut should affix
and cancel the stamp. If he omits to
do so, he Incurs a penalty of not more
than $100. If, however, the omission
Is Inadvertent, he may present the
instrument to the collector within a
year from the date of Issue, pay the
stamp tux. aud present the Instrument
for post stamping. The commissioner
advises that when an unstamped
instrument lor record be received, It be
returned to be stamped, charging for
postage and time occupied In the
correspondence made necessary by tbe
omission of the stamp.
$10,000 Damages and Costs of
Suit Awarded.
TNI SUPNEME COUNT muss LOWEN
COUNT.
The decision of the lower court in
the Smitsoii case has Is-en affirmed by
the Oregon supreme court and by tins
decision Jeunie Hmltaoti receives
$10,000 from the Houtheru Pacific,
together with ihe coata of actlou, for
the loss of both legs in a railroad
accident nearly two years ago.
This oase Is familiar to all Lan
county people. On July 20, 1K97, Miss
Jeuule Smltaou, who was working I i
Ihe hotel al Coburg, took passage on
the Woodburu-Nairou brauch of the
Sauthern Pacific to Hpriugfleld to
visit her parents. The train, which
arrived at Bprlngfleld st 0 o'clock at
night, stopped before reaohlug the
station, and the brakeinaii went with
the girl to ihe oar platform to help her
alight. I'lie trslii started up wltu a
Jerk snd iu thedsrkuees Miss Smitsoii
waa thrown under the car wheels
which psaaed over both her legs,
rendering amputation necessary.
The case was taken up for Miss
Smltaou by Attorneys Thompson cV
Hardy snd H D Norton of this city,
Who carried It through the lower
court, securing s verdict of $10,000 aud
costs for plsinlltt.
Attorneys Kenton and Mulr, for the
compauy, then appealed the case to
the supreme court. The actlou for
damages was tiled September 23, 1807
was tried iu the lower court October
30, 1807; the jury brought In the above
verdict Novembers, 1807; a motion for
a new trial was duuled February 5,
1808; the case was argued iu the
supreme court February 18, 1000, by H
W Thompson aud A C Woodcock,
(who succeeded Attorney Norton) for
Miss Smltson, and by Attorneys
Feulon aud Mulr for the noutheru
Psciflc Company; the decision of the
supreme court was tiled today. The
company has 20 days iu whioh to file a
motion for a reheariug.
This case has been stubbornly con
contested durlug the time It has been
Iu tbe courts, aud the attorneys who
have been successful iu the suit are
deserving of tlie congratulatioi s they
are receiving fur Its termination.
Miss Smitsoii, who has been most
unfortunate by this sad accident,
which rendered her a hliiess cripple
for life, will ue enabled to receive some
cotnforU heretofore denied her.
Dally Quart, April 17
Funeral. Tbe fuuersl ot Ihe Iste
Corporal Frank Piyor occurred yester
day afternoon, the Interment taking
plsoe In the soldier boys lot In the I O
O F cemetery. Tbe ruilltsry com
psnles of the oily slteuded and added
to the Impreeslveuesa of a soldier's
funeral, doing all within their power
to perform the Isst sots over tbe remslns
to loved comrade. Dr T B Ford con
ducted tbe services st tbe resldeuoe
snd also offiolsted as chaplalu at the
cemetery.
Dally Guard, April 17
( n t in n Election. The Episoopsl
cburoh elected officers last night aa
follows: H J Hawthorne, senior
warden; Dr Prentice, C E Loomls, H
a' Thompson. Frank Page, Ed
Blossom snd John Dsvles, vestrymen;
I).... Craw, Ireasuier; H W Thompill,
clerk.
Contractor Mason Is Pushing
the Work Rapidly.
BNID0E WIT! Hi L EXPECTED Dim
Bpstlal to the Guard,
fi-KiNiiHKi.il. April 17. -Archie
Mason, of Portland the new contractor
Iu charge of the grading f ti e Muhawk
branch ot the Houtheru Paoiflc, has
commenced active work. Four osr
loads of borate, scrapers, etc , arrived
Saturday night and were at once seut
to the front. Three more carloads of
horses and material arrived and were
seut to Ihe front last night. The load
has an apiieaianoe of activity more
evideut than al any previous time
sluce Ihe work began, aud the grading
will he pushed with all possible speed.
The material for the railroad bridge
across the McKeuxle la expected to
arrive at any lime. The first shipment,
consisting of nine carloads of steel baa
lelt Ihe Sacramento shops aud Is oa
tbe mad. The bridge cou-plete will
aiuouut to about 20 carloads.
TEACHERS EXAMINATION.
List of Successful Applicants Be
fore Supt. Win. Miller.
Following Is a list of those applicants
who successfully passed the regular
April examination for teacheis certifi
cate in Laue county, as compiled
by County School Superintendent
Wm. Miller and his asslstauts, L. L.
Hurwood aud Miss Augusts Patter
sou: First Grade Jessie Withers, Ins
Howu, Avon Lamb, Mary Bowu,
Pearl Darelius, llerlha lirabbam,
Abble W Humphrey, Llllle J Taylor,
M lielle Mil lira 1 1
Seooud Orade Arthur C Hates,
Manley Gilbert, Etta Ii Roweimau,
Btla Gross, Ina Piluey, llerths Ser-
geu.
Third Orade Ethel ti Hrewsier.
Edith Haggard, Delphene Mown, A
Grace Humphrey, Fannie Moffitt,
Elsie Parks, Dorllla Homers, Mary A
Wethcrhee, Josephine Lemon.
District Attornby. Koseburg
RtvltWI "Hon. H. H. Hazard, of Coos,
is the union nominee for di trlot
attorney for Cooa, Curry, D .uglsa,
Lane, Benton snd L'nuoln counties.
The choice of Mr Hsusrd for tbls
poaltlou is s wise one. He stands In
the 1 1 "nt rsukaof bla profession, bis
honesty snd ability being unques
tioned. He bsa many warm friends
In this county, as well as elsewhere,
who will see 'bst be csrrlea bis full
parly vote, wblob means s goor. round
majority."
Grain Hksown. Hon. T. G. Hen
driQl s Is having 26 sores of wbsat
rSS'ivru on bis farm just south of
Eugsue. He first had It sown with
dsmp wbest that wss harvested Isst
lull. This waa a failure, as only about
..in- four ih of the grain sprouted. We
have beard of ssversl fanners that have
been compelled to pursue a similar
course. An old miller ssys thai after
grain of any kind beats once tbe germ
Is killed.
LACE CURTAINS
Can Register in the Evening;.
The office of tbe county clerk of
Laue oouuty will be open escb
Mondsy evening from 7 to 9 o'clock
Etta Time. Tuesdays Albany
Democrat: The degree team of the A
0 .U W lodge, or tills city, under the
management of C C Hogue, with
Captain M I) Phillips aa drill master,
witli their goat, parapberuslls, and
other things for a night of amusement,
went to Harrlsburg yesterday, where
last night they aasiBted In Initiating
into that order sbout twenty new
applicants. The Junction City team
was also present and took part In the
work and enjoyed the festivities of the
occasion. The Albany team under
Captain Philips Is In splendid
condition aud is preparing to take
part in the contest at the meeting of
the grand lodge next month, al whicli
time there is a hundred dollar prlte
.,ili ie. to the best degree tesm, snd
the boys are after that prize.
SEE WINDOW DISPLAY.
The New Ruffled.
The New Brussell Net.
The New Irish Point.
NEW LACES.
Allovers.
Aplaca.
Dai: j'luard, April 17
No Quarantine. Tbe quarantine
stthe residence of W. L. Duulsp was
called off today. At tbe present time
there la no qusrsntlne of sny nslure
In Eugene, this town being free from
from the present time uutll May 16. to ( infectious disesae for the Aral time Ii
allow working men to register uuaer WVersl months.
tbe v otlng Isw,
New Spring Lino of Hanan A Sons Shoes.
F. E. DUNN.