Lincoln County leader. (Toledo, Lincoln County, Or.) 1893-1987, June 07, 1894, Image 1

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    Remember that this paper
is the only one in Lincoln
or Benton county that has
the courage to stand for
the common people
1
.V
The Leader should be.
read by every tax-payfr of
Lincoln County, It tlll
cost you but $1.50 a year,
1
1
Volume II.
DIRECTORY,
UMXIL J lOl'JiTT.
Joint Benatnr 1
County Judge
Clerk
Sheriff
Treasurer
Bchool Superintendent
Purveyor
Assessor
Coroner
Commissioners!
C B. Crosno
D. P. Blue
B. P. Jones
George Landls
Henry Denlinger
(has. Booth
Jos. Gideon
T. E. Parker
- Jas. Russell
J. O. Stearns
M. L. Trapp
TOLEDO I'RECINXT.
Justice of the Pence
Constable
J. A. Hall
A. E. Altree.
CHUECHES AND SOCIETIES.
METHODIST EPISCOPAL CHURCH.-ServioeB
will be held under the auspices of the
Methodist Kpiscopul church as follows: First
Sunday in each month at Elk City school house
at 11 a. m. and 1 p. m, Second and Fourth suii
davs at Toledo, at 11 a. m. and 7 p. m. Third
Sunday at Mill Four school house, at 3 p. in.
All are cordially invited to attend.
; , A. L. HAWLEV, Pastor,
Address, Toledo, Oregon.
J3T. JOHN'S CHURCH fProtostent Episcopal.)
,?3 Divine sen-Ice the third Sunday of every
month, at 11 a. m. All are invi
month at 11 a. m. All are Invited to attend.
Itev. C'hBS. Booth, Missionary ,
Iter. 1'hns. Booth. Missionary.. Kesidence.
"Rectory," Newport, Or. , '
10. O. F. Toledo Lodge, No. 108, Meet
every Friday evening at their hall in this
town.
, Rknoi Abnold, Sec'y. J. 8. Oaitheb, N.G.
10. O. T. Meets every Thursday evening,
7:80 o'clock, lu lirady's hall, this town,
' H. R. Fant, C. T It. E. Collins, Secretary.
FA.'and I. U. Toledo Union, Xo. 1M. Meets
. every Satnrdayevening,8o'clock,inctrudy's
I hall in this towu,. All members requested to
atuu. i, X. iwvvuei, PiBaiuvul, J. J. 4UliltwgK,
', Secretaiy,
10. O, F. Bay Lodge No. 110, of Yaqnina City,
meets every Saturday evening. Visiting
brothers are always welcome. .
' E. bubhows, Secretary. j. N. Stark, N. G. -
10. 0. F. Newport Lodfre No. 89, meets every
Saturday evening, visiting brothers are cor
dially Invited to attend, Cyrus Dixon,
I, L. Smith, Secretary. N. G.
AF. & A. M. Newport Lodge No, 85, regular
convocation on Saturday on or before each
; full moon, Visiting brothers are cordially
welcomed. Jab. H. Russell, W.M.
Jas. Robertson, Secy, v'-
GA. R. Phil Sheridan Post No. 24, meets
every second and fourth Thursday evenirur.
DiLvissTjcH, torn,
Corrallis, Oregon
jOTeL LINCOLN
r. H. VINCENT, Prop.
1, First-class,
)' Charges Reasonable.
TOLEDO,
OREGON,
J. A. HALL, ; .
Justice of the"Peac
l'oledo, Oregon,
iriv.,, in . Z..":: '1;",11' attention
...... .v vuoiuvgb qutrusieu to my care.
W. C. SIIEPARD,
Attorney-at-Law,
Residence, Stanford,' Oregon.
. Business in any court in Lincoln
county promptly and carefully at
tended to.
S. T. JEFFREYS,
'Attorney-at-Law,
1 CORVALLIS, OREGON.
Will practice in Justice, County
pad Circuit Courts of
Liiicolr) County,
Solicit correspondence. Ko charge, nalem
full irrccd.
COMPANY,
CHAS. CLARK, Receiver.
Connecting with steamer HOMER
1 UI5U
i IV. A. DBNHKLb, AUJt,
II WWJ www
between Yaquina and San Fran-f1310
CISCO.
K BAILING DATES:
i 'aj?2,nr,nj,Ae?.rll2,h' Mi 4b0Bt
Tor Freight and Passenger rat a;
pply to aor
aceut.
UB. J. HEN DRY. SON A CO.
. Vos. 2 to 8 Uarkrt 8t,
"an rranclsco,' Ca Hfornia.
C11A8. CLARK, lUoelrer,
CorralUs, Oncoa.
YAQTJINA.
-WE HAVE NOW A-
-OF-
Dry Goods, Notions, Men's and
Boy's Clothing;, Boots and
Shoes, llats and Caps,
GTJM BOOTS, GrTJM COATS
oii. oi-jorri-msrc
ALL OF WHICH WE ARE.
Selling at Hard Times Prices.
Agent for Brownsville "Woolen
Mills Goods. Measures taken
and Fits Guaranteed.
K. "v, F-U3STPC, Prop;, -Cigars,
Tobacco, Confectionery, Fruit, etc,
Billiard and Pool Parlors,
BPS' A QUIET AND ORDERLY RESORT.
VASUINA CITY,, , " OREGON.
THESE HARD TIMES
A
BUYER
A
Buy as much as possible. The place to do
mis is at "UHEAr
T. P. FISH,' where
Prices" is the rule.
See my Stock of FALL and
Ready Made
Dry Goods, Groceries,
T. P. FISH,
The Leader in
IiOB'T CAMPBELL,
FBOrBIETOR 01 .
Toledo Meat Market,
HEALS IN
Fresh and Cured Meats
OF ALL KINDS.
Toledo, - - Oregon.
A Bargain 260 acres of the
best land an Lincoln county; situa
ted on the Alsea bay 3 miles above
Waldport; has two mile s of water
front, 130 acres choice tide land,
good house, barn and orchard, good
ranKe; 50 tons of hay can be
cut on the place. ' Address,
B. F. Jonks, Toledo, Or.
The Alsea House
t r
Hahlport, Lincoln County,
Oregon.
Headquarters for politicians, tour
ists, hunters and the public.
Comfort, cleanliness and good grub
at low rates, our motto.
Feed stable and saddle ponies.
Wm. R. Wakkfieid, Prop.
Toledo, Lincoln County, Oregon, Thursday,
-AND-
MUST MAKE
CASH STORE" of
"Good Goods , at Low
WINTER BOOTS and SHOES
Clothing,-.Etc.
.Hardware Notions,
- - Toledo, Oregon.
Liow rnces.
Does This Apply to You?
There are many families Ih this SBctldri wto
uuiiov ian. me i.adik, some in faetwhodonot
read any paper regularly. To all such whomsy
ohsnc to see this, we desire to say that one of
the first duties a man owes to his family Is to
prov de them with instructive and entertaining
reading malt. It Is knowledge alone, Intel
llgeni gahird by the exchange of Ideas, br
above the grade of an. animal.
. . ,,.11 , n ,u iiiijiu,.wuicn raises man
tter, no cheaper, medium of instruction thmi
There is no
I , . ! "'"'I"!"'! nence ine.newspatwr
should flud a place at every (irci-ido. It U one
ol the the thtngs which makes life worth liv
ing. For the trifling um of fonr cents a week
we ofTr all an opportunity to procure two of
the best papers of their class In America.
The I.eaorr is a family newspaper which
makes every effort to give all the general and
local news. It will keep you Informed of the
world's doings, of the projects of government,
of the trend of politics, and of what Is going on
among your neighbors. You cannot keep post
ed on homeaffairs without the I.sadsr. it Is a
necessary to yourwell-lieingas food and drink.
Till! DETROIT FftEK FRKStl
I; family Journal overflowing with good
things. Thre Is fact and fiction, song and
story, sketch and travel, wit and humor with
out stint, fashion and household departme irts
for the Udles: in short something to pleane
every memberof the family. It I famous for
Its funny sketches and literary merit: it pub
lishes stories each week, written ezpreanly for
it by the best anthers. It Is a paper which
your wife can read without a blush, and your
children can read every line without Injury to
their niarals. Within Its special sphere it has
no superior In the world.
, We offer to supply you with these two most
excellent journals for the term of one year for
the rmall sum of two dollars, a price eel!y
within the reach of every one. With The Free
l're- you will get a portfolio containing 20
photos of the strange people that were seen In
Midway I'lalsance.
Hand In vour iihHniio.i .
MEAT.
I will make a trip from Yaquina
to head of tide with fresh meats of
all kinds on Mondays', Wednesdays
and Saturday of each week. First
class meat at hard times prices!
tf. . J. O. Cauteb.
BOLLAR
Administratrix Notice.
In the County Court ol Lincoln County, State
of Oregon.
VOTICE IS HEREBY GIVEN THAT THE UN
' designed ha been appointed bv the coun
ty conn of Lincoln County, Oregon, adminis
tratrix of the estate of L. M. Haruirn, ooocaied.
h&n, A.re
iiviiiicu iu present icein auty etiued '
i iuj nc mv rosiaene-) on Depot
slough, near Toledo. Qrcgon. withrn six months
from the date hereof; and ail persons indebted
to said estate are notilied to settle the same im
mediately. Dated at Toledo, Oregon, this 29, day of March
1894.
. M , , M. C. HARMON,
Administratrix of the Estate ol L, M. Harmon,
deceased,
Notice for Publication.
Land Office at Rosehv.rg. Oregon,
April IB, 1891.
VOTICE IS HEREBY -(.IIVEX THAT THE
J-i followlnc-named settler htis med notice of
bis intention to mote Una! proof in su",mr, of
hlsclalm, and that said proof will be n nd" be
fore the Kei-istor ani Receiver at RoMiuUi'Jr,
octroi!, on I'ridav Juno H, i94. vln:
Virgil A. vuito, on Konwstrad Kutry No. 7,079.
for Lot Xo. 4, t-ectlon 4, and lots 1,'k, 8, 4, !eo
tl.m ", Townshtpl4 south, Jinnee 9 west.
Ue iftmeslhar,fol'ov tns wlrucres to prove
his continuous ijjfcjc we upon aiid cultivation
of said land, vuR-. Coc Jiunri, sfillard 0 rout,
I arto Manottl and E E. llammersly, all oi
lldowoter, Lincoln cenntv, Urfe;n,
K, M, VEA'mi, liegleter.
Notioe ofFinslSettlesaent
Notice is hereby given that the undersigned
executor of the eatate ot Mary S. Mover., lata of
Lincoln county, Oregon, deceased, has died Ma
final aocount in said estate, with the clerk of
unjoin comity, uregon, and that the county
court has fixed the 29, day of June, 1694, at the
court house of said oounty as the time and
place 'or hearina objections, if anv. to raid
uiil account ana tne settlement of wild estate.
H l Ttt.'vtva
Executor of the estate of Mary u. llcven's. fleV
Dated May 21,1891.
THE ODELL
Type
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pJ with 78 characters, and 15. for the SIX
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vcuui nur. iuhii iiy macnine mane.
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it produces sharp, clean, loirili'.e manuA-rluts.
Two or ten copies can be modo at one writing.
Any inieuifrcnt person can become au operator
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VUbLli,
Reliablo Agents and Salesmen wanted. ' Soeo
lal mdircomtiitti to Dealers. '
For Pamphlet giving lidorfemehts, etc., ad
dress GdeU Type Writer Co.
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A atrirtw hlgh-grad Family tew log
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ELDREDGE MANUFACTURING CO,
'belwdere. ill.
June 7, 1894.
An Important Decision.
Judge Eellinger last Friday morn-
ing decided that the county of
Multnomah and city of Portland
cannot made preferred creditors
of the Oregon National bank, and
must therefore take their chances
with the balance of the depositors.
The suit was brought by the city
and county against the bank for a
decree that the mbney deposited by
the sheriff amounting to$i49,2So.05
be made the property of the county,
and, inasmuch as the county had
nothing whatever to do with plac
ing the money in the bank, that it
should be tnades preferred creditor.
The city also joined in the suit and
osked to be made a preferred cred
itor for 14,574.65, which had been
placed in the bank by the city
treasurer. Judge Bellinger held
that the funds, although wrongful
ly commingled with the assets of
bank, could not be dealt with in
the manner prayed for, It is a well
settled rule that a preson can fol-
lO'.V P.nd rr?m ln'e nrrmoi-tv if
A A ' -V
found; but in this instance the
identical property cannot be traced.
If the city and county were made
preferred creditors, this preference
would extend to the property of
other., which would be unjust. and
uniair. ror tms reason the court
denied the petition in a lengthy
decision, and also overruled the
the exceptions to the answers filed
ibis decision affects Lincoln
county diiectly as it refers to the
Hamiltou, Job & Co. bank, aud the
county money locked up in that
bursted concern. This decision of
Judge Bellinger was given in an im
portant easy where there wa3 a
large sum onnoney at stake. The
court had the advantage of. having
the best legfd talent ia the state to
present the different issues aud the
decisioii ''& iv.eu after due delibera
tion and research 4jy the court and
will without doubt stand. This
will bring Lincoln county to a place
where it will have to lose the
greater part of the money deposited
by the sheriff and treasurer or re
cover from their bonds,
A Fatal Accident.
Ed. Payne brought news of a
fatal accident at the Pioneer rock
quarry last Tuesday morning, in
which Geo. Lay A'neker, a stone
cutter, at work there lost his life.
At about 8 o'clock Lay A'neker was
at work on the top of the ledge of
rocks sawing a log into to clear off
the stone. After he got the log
sawed be jumped back to ett out
of the way, and missed his footing
and fell over the bluff, striking on
his bead and shoulders on a ledge
of rock fully twenty feet below,
while still in that position the
peice of log he had cut off rolled
over the bluff onto him and crushed
him horribly. The other woik-
men hurried to his assistance but
was too late to help him any as life
was extinct when he was reached.
m. rayneroue a horse down to
Toledo to telegraph the fatal news
to his family who reside in Salem
wnicn consists of a wife and two
children. The remains of the de
ceased were sent to Salem on Wed
nesday's train.
. On the 26th day of April last the
.editor of the Leader was in, New
port aiid while in the Bay View
aouse met Mr. Matthews, the
editor of the Newport News. . The
conversation turned upon the action
of the two papers regarding person
alities, and Mr. Matthews stated
mat he did not like that' kind of
warfare: that he did not like to be
called names, and agreed to put a
mutual stop to it. The editor of
tle Leader agreed to this in good
faith and has kept that faith
scrupulously ever since. The edi
tor of the News broke his word on
the matter in less than two weeks
and has continued to break it. The
.1 !- ..
cietwuu m now over; mere are no
local issues at stake and we feel
that we are in honor bound no
longer to a onesided contract. So
we here and now give the antiquat
ed, fossilized, squiiilcyed, cheroot
smoking, queen kis:ing parody on
humanity,' that runs, or thinks the
runs, the columns of the News,
notice that vie are ready for him and
his swell headed lies from now on.
Trot .them out.
The Land Grant Decision.
The decision rendered by Judge
Bellinger in Tortland on Friday, in
; the case of Charles Alischul vs. the
Oregon TaciSc and Wiiliarnette
Valley & Coast rsilvoad, T. Egen
ton Hogg and others, had been
looked for with much interest. It
is of importance, because it settles
the title to nearly 1,000,000 acr
of land.
The suit was brought to declare
void any claim on the part of the
defendants to lands composing
grant in the Willamette Valley &
Cascade Mountain Wagon Foad
Company, which had bc?n conveyed
to them by Hogg, as attorney in
fact of the owner. This instru
ment had been given to Hogg by
A. Weill, the then owner of the
tract, empowering him to negotiate
and conclude a sale on fixed terms
any time inside of two years from
January i, 1879. At the expira'
tioaofthat period Hogg went to
Weill in New; York, and tendered
9 ch'''''' wVtloli Vif said was for
$445,000. It is claimed that Weill
never saw the check, said he had
no deed prepared, but if the pro
ceedings were ia good faith he
would execute one. He says that
he turned to send for his attorney
and when he again turned around
Mr. Hogg and his witnesses had
disappeared. Hogg then made a
deed Jo the W'lliamctte Valley &
Coast Railroad Company for the
consideration of $445,000, claiming
to act as Weill's attorney in fact.
The deed was not acknowledged
for nearly two years after it had
professed to have been executed
and delivered. j ... .. a
The court held that, in all that
was done or professed to have been
done under this power, there was
no'thing consistent or straight-for
ward. The sale of an option by
Hogg, as attorney in fact, to a
company in fact owned by himself,
without communicating the fact to
Vis pfjiKYpal: the .pretended tender
ot a certified clieck for 2445,003',
the recital in the deed by Hogg, as
president of the Oregon 1 Pacific
Company, on October 1, 1880, that
the Willamette Valley Company
had the right, to "become the
owner"- of the property in question
upon payment of $600,000; the
pretended deed by Hogg, as attor
ney in fact, conveying absolutely
the same property on November 3
1880, acknowledged more than two
years later these1 talngs admit of
no explanation conute:it with fair
dealing or houe.it motives. In the
more than 10 years sir.23 the ex
piration of Hognr's power th own
era of the property expended large
sums of money in complying with
the condition 3 upon which the
grant was made by congress, in
defending their title in the courts.
and for other necessary expenses in
connection with lands. The ore
tended purchasers of the property,
or of the option to curchase. did
not offer to pay any of these ex
penses, and does not propose to do
so nv.v, Its insolvency confesses
its inability to pay such charges or
purcuase price ot the alleged sale
The plaintiff was entitled to the re
lief prayed for, and such was the
degree. .
We are reliably informed that
there was an open fraud practiced
upon the election at Nashviile pre
cinct hit Monday, Voters from
Benton county were run in to vote
for county scat, and in some in
stances swore their vote in. Money
was freely used to corrupt and buy
votes and a desperate attempt was
made to whoop up a big vote for
West Yaquina. It is even said
that na less a personage Vban Wallif,
Nash felt that it was his duty and
right to help locate the county seat
of Lincoln county, and so canae
over from Corvallis and voted in
Lincoln county on the strength of
homestead he intended moving
onto some time or other. It is
said that Mr. Nash's family still
continue to reside in Corvallis, and
beiug a married man, not in the
state or government employ, it is
just a little bit hard to see just how
it is possible for him to be a legal
voter in Lincoln county. Itutquite
probable that the next grand jury
of Lincoln county will inquire into
Mr. Nash's place of residence a
little.
Number 14.
County Seat.
By the unofficial returns which
are now ia the result of the vote on
county seat fully justifies the situa
tion as stated in the Leader of
two weeks ago. The vote does not
vary materially from what we esti
mated. The vote shows that New
port aud Elk City were hopelessly
out of the race. The strength
which Newport hoped to gain on "
the south side was unavailable, and
at no time was there a possible '
chance for Newport to get a por
tion of it. The south side people
are naturally in favor of a south
side county seat, and it was an idle
effort for Newport to attempt to
turn Ara. The Elk City vote
was even Jess tha,a anticipated. It
was thoftght by those in Toledo
who gave the matter careful atten
tion that Elk City would poll frorny
60 to 70 votes. The Elk City
people were befooled by the prom-,
ise of help from both Newport and
Yaquina. These promises were,.,
marl,, for the sole purpose of keep,
ing Elk City in the race and thus,
divide the vote of the natural Tole
do country. This ruse was suc
cessful only to a limited degree.
Instead of splitting the votes intb(
equal parts, as Newport hoped to
do, only a small defection was made.
The fight has narrowed down to
Toledo and West Yaquina, anrf the
county seat will remain at Toledo
for another two years. : W$, had,
great hopes that it would be settled
this year, but it was impossible to
show two of the. contesting pointy
the hopelessness of their race.
in
; Resolutions.
The following i'esofiitious were.
Lpassed by Tgledo Vadge No. 222,
I. 0. G. T. at Its last meeting:
Resolved;, Thit; Toledo Lodge
No. 222, I. O. O.T. hereby extend; .
its congratulations to Hon. S. W.
Condon for his noble, manly and
fearless expression against the Cursed
of the liquor traffic, uttered by him
ai.Toled.0 on Decoration Day.
Resolved: That we recognize
in Mr. Condon an officer of the law .
that has been fearless and bold in
doing his duties, when such duties,
conflicted with the interests of 'the.',
rum power.
Resolved: That a copy of this
resolutions be spread on the min.
utes of the lodge, a copy sent to
Mr. Condon and a copy furnished
to each of the papers of Lincoln
county for publication. , 1 - y !
.. '
The Corvallis Times, of last week,
shields the people of Summit from
the odium of the Burleigh rape case,
and says that the crime was com
mitted near Norton, in Lincoln
county. While it is true the crim
was committed in Lincoln county,
yet tht beast Burleigh was only
over a ijLiort time from Benton
county, where his family resided
at the time of the commission of the
crime. The man's relatives still
live in Benton county, and we un
derstand that the female portion of
the family are running a house of
ill-fame in, a tent near Mary's river j
bridge right under the nose of out)
frieud-of the Times.
The Oregon Pacific railroad, and!
all its belongings was placed upon
the public auction block by Sheriff
Osburu, at Corvallis, last Saturday
at 2 o'clock p. m. After due time
elapsed and no bid being presented
the sheriff postponed the sale until
today. Meantime the court will
probably make an order postponing
the sale for some definite time.
A dastardly trick, aud one which,
deserves the .severe condemnation .
of all true American citizens, was
perpetrated at Drift creek school
house last Friday night. The '
school children of the district had
hoisted 1 nVfg over the school house .
and left it waving there. On Fri-':.
day night some person or person
tore down the flag and put up a
barley sack on the staff. They ,
took the flag away and up. to the '.
time of our information had not re-;
turned it yet. The people la that '
vicinity are highly indignant at the
flagrant act and if the guilty parties "
are apprehended they will be made
to suffer the penalty of the law.
The worst part of it is that it will
take about two months for the de
feated candidates to tell what did
it, and the successful ones to' tell
how they did it.
a ,