gmaer. Volume IV. lUJtECTORY. I.IMOI.Nini'.NTT. Senator To. Carter K. K. Lake J. (). Ktearus B. F. Jones Ceorare Landis 1 .1. I.. Hyrte fi. U. Irvin 7.. M. Derrick Hurley Lntz T. M. Coombs Chas. Williams F. A. Godwin .loiot liepreiie'itiillve. 1 i.uuiv Judge ( lei-K ' - 'I reusnror Si-hool Mincrlntcnilent s.irve-.'or ASPCSHor I'oroiier I'oininiHHtiiro'i'N County Commissioners Court meets oft Wed iifsilny a'ter the first Monday in February, April. .Mine, August, October anil December. CIKCUT COURT. Hon. .1, C. Fullerton fudge W. K. Ytltex Pron AtToriiev Court convene on 4lh Mondny in .Inly and fourth Monday in January ol each year.' CITY OK TOLEiio! 11 F. Jones Mayor J. K. St -wart Recorder li. A. Arnold, Marshal C. li. CroMio "1 i'. I.. i inn-el J 0. I Til Olson ( ,,. I.. M. urr f AWermon 1. etc.r Waun, A. T. 1'cterson J i 'onni'il meets on the first Monday evening in each month. TOLEliO I'RKCISCT. justice of the Pence J. A. Hall i.'.oiMrtb.e J. c.Altne NEWPORT. .Inst Ice of the Peace, (!eo. I1". Sylvester Cmisiuulr. W. li. Crutchlleld YAtJCINA. iutl.'of ih. I'eace J. H. Pooth i...ii"iitii'c W. L. Watkius KI.K CITY. Jn- lc of the l'vacit A. K Clark Cuitotaiiir, Alex Uurkhalter LITTLE ELK. J,isil ei f the I'ea,:e Chas. Henderson 1 oii.tatile Z. 8. Derrick NASHVILLE, lustlie of the i'eiue I. !. Huntinirtnu wn-mbie X. F. Edwards 1IKAVKH CREEK. .I'ntii" of the IVace Sam'l Hill ',m.- ta'ile .Ic.it iih Uourley TIDE WATER. .Iu'li-e of the Peace N. .1. lloodmau l oii-iiie ...W. A. Vidlio LOIISTER. lu-olce f the I'saee L. A. Fcok t'oti.-iai.ie W. 1 Taylor LOWER A1.S12A and YACIIATS. .Im-tti-iiiifti.e I'eace Wm. WaktleM i unliable John Kany SALMON UIVKR. Ias:li' of the leuce Chm. Road Coiisiaolti M. Rerton ROSS. .Instlcc of the Peace W. It. Cooit t oit-taUte Co. E. Croxiord CHURCHES AND SOCIETIES. tfETHOMST EPISCOPAL (mrKCH-Pen-if. tit roii-uo on tne tirHt a ki enl hHhhiitn -f vAt'.h n.cnth, u (inilita.Kt ewnin-.;; hprvjy. n t Siietz on third tiitd fourth J-'tibbaih if eaua , month. Kcv. W. 11. MYKKS. PaoUH-. i T. JOHN'S CJirKCU Pmleftant K;i8t nl.l 1'ivine pervU'e th; tbird '.tKlu m ever, ttiomh. Ht 11 a. in. All nrti tnviTed tu attend, tev. ( has. Jloulh, Mfuslonurx . Uesidence, Hef'tiiry." Newport, Or. In. (i. K. Toledo fxtdxe. N'o. Kin, .Vtof every Saturday cveniiiK at their hull in this town. J. U.Tl'UNIDdK, S.ii. .1. T. EWIXti. Se.-'v, 10. o. F. Hay LodKe No. of Ya-julMa :tty, nieets everv Wdnedlt. eveui.iif. Yisnnii; brothers are always w eicotne. H. A. PRCITT, S. ti. E. J. Ill-U ROWS, feiTetary. It. o. F. Newport Lorle No. rot, niwts every Sat nrd.v evening, visitfn lirotbc'HareMr Mall, invited to attend, L. O. (.MA-iON, X.U. -I. W. Oi,lVEK, Se'Tefury. 10. O. K.-Klk iodire No. lit, Saturday uvouitiir In Its hall n ec! every Hf l-'tk .'itv , iniiuiij uroii.ers amas welcome. I'. A. MILLER, S. (J. (i. Wolfkl l, Secy. F. . A. M. Newport l.odife No. M. rcitnlnr convocation on Satnniay on or before eio-h full moo.;. Yivtiiuic brothers are conliaily uclK-imed. A. II. IIA.MMXIN, M. W. JOiIS DUCK LEY, Secy Vanillin Hay Council No. 743 National t'nlan, I m ets on s cond and fourth Friday nights ul i tfeii.oiith. Trave'ing frlendF are w Icoo e. I M. E. I'tAlRS.Sec. H. F. JONES, Pres. I IK 0 oooi) HHKiK No. 711, Rc'ekah Decree, I (I II I.' l,lu In ,1-u L-..I1...... k .11 I.. this city on fueeiiey evenlnic of each week. ALICE W AUtill, N. (.!. AKSETri: K ROtiSTAI). Secretary. J A. U.-Abe f .(Renin Pout No. AS, meets In the tiwid Templars Hall on the llrst and tl.lrd t'Htnrdnva of i ach month. . II. U. STI RDcYANT, Post Coin. i. i'. rjsu, Aiipitanl. 1 .4 O. V. W. Wtern Star IXKlgo No. 73, meets In the Oiid Fellows' hall, Yaquina, m firm and third Saturday evenings in each iiiontn. isiting brothers arc alw avs welcome. II. K. LUIJGER, M. W. II. L. TRAVIS, Recorder. l'OODMEN OF THE WORLD. Pocahontus ' " Camp No. '.W, Toledo, Oreiron, meets on the first and third Thursdays in each month in ! the Odd Fellows' hall. Visiting neighbors are 1 ninny neipome. R. A. ARNOLD, . liEO. BETIIERS. ' Consul. Clerk. yrini( lirore, Woodmen circle, meets on the j 11 '2nd ajid 4th Thursdays of each month at 7:S0o cloek r M. Mr..IitNm Arnold, W. O. Mrs. Ei sir, Amst, clerk. V R C.-ABE LINCOLN WOMAN'S RELIEF " orps. No. i'J, auxiliary to the O. A. R. I Me-'tson the'ind and 4th Thursdays in each: month in the 1. O. o. F. hall, at 2 o'clock p. m. : Mrs. Ei.iia Ewino, President. , M r. Cahhi i Peai as, 8eey. Wanted-An Idea Who can thras of some almpui J thlni to patent! I .teat Attor- ; nu wenita. - ww BiuHAim UTWUgcui WHUN. i Toledo, Lincoln o 'BRIEN'5, 4,000,000 women wear Warner's Corsets 4,000,000 living witnesses to their superior Style Comfort General Excellence fit UTJSTP ARRIVED : A LARGE LINE OF The Latest Styles in SHOES. ail 7 1 r -mj-fjgB Meri'sBest Frerict Calf Bals, Triple Sole, Scotcli edge, HaqdseWed. Best ir tlje Market. Price, $4.50 MEN'S Fine Calf, Lace and Congress, Genuine Hand Welt, Harvard Toe and Tip. PRICE, $3.50 and $4. AN UNLIMITED STOCK OF MEN'S and BOYS CLOTHING, FUR NISHING GOODS, HATS and CAPS, DRY GOODS, FANCY GOODS and NOTIONS. S CUSTOM TAILORING A SPECIALTY. Mail and Express Orders Promptly Filled, ONE PRICE O'BRIEN'S County, Oregon, Thursday, March 4, 1897. AGENT FOR WARNER'S Perfect Fittiner, Latest Styles CORSETS. ALSO The Eest Frercb Ccrset i. the Market. Price, $1.50 'Men's Frenct Calf ' Lace ardCorgress Harid-seWed, Raz or Toe arid Tip, Price, $4.00 Men's Fine Calf Lace and Congress, Genuine Hand Welt, Bon Ton toe and tips. The very latest. Price, $4.00 CASH STORE. riff QRADY WINS THE ROAD CASE. The Supreme Court Decides the Case of Grady vs. Dundon, et. al., in favor of Grady. Last Monday the Supreme court handed down a decision in the road case from Lincoln county, of C. M. Grady vs. Alonzo Dundon et al. The decision was rendered by Chief Justice Moore, and read as follows: "In the case of Catherine M. Orady vs. Alnnrn DtinHon ?t al. the decree of the lower court was reversed. The opinion was ren dered by Chief Justice Moore. This was a suit of Catherine M. Grady vs. Alonzo Dundon, as road supervisor, D. P. Blue, as county judge, .and M. L. Trapp and J. O. Stearns, as county commissiones of Lincoln county, to enjoin a threat ened trespass. The plaintiff al leges that she is the owner in fee simple and for more than ten years prior to the commencement of this suit has been in peaceable possession of a tract of land about fifty feet in width and seventy feet in length in the town of Toledo, upon which there have been erected a store and a butcher shop. That the defen dants wrongfully claimed that a county road had been laid out and established across said real property, and are threatening to, and unless restrained, will tear down and re move said buildings and open the pretended highway to her irrepara ble injury, and she prays that the threatened trespass may be per manently enjoined. The defend ants alleged that at its regular term in May, 1867, the county court of Benton county, which at that time had jurisdiction over the territory now included in Lincoln county, upon a petition therefor signed by twelve house-holders, appointed viewers and a surveyor, who viewed and surveyed the county road in question, and having made a report thereof the court at its said term made an order establishing a county road across said premises, in pur suance of which the road supervisor opened the same, and that it had been continuously used thereafter as a public highway until 1890, when the plaintiff, without any license therefor, obstructed the same with the buildings mentioned in the complaint. They further allege that John Graham, the plaintiffs father and grantor, was the owner of the premises in question when said proceedings were had; that he was one of the petitioners for the road, and present at and assisted in its location and from that time until his death, in 1883, he at all times recognized it as a duly established highway and that the plaintiff at tained her title to the said premises with notice of its location tEereon. The cause was referred to a referee who took and reported the evidence, from which it appears that the defendant introduced, over the plaintiff's objection, a copy of the order of the court of Benton county, which recites that the viewers and surveyor had viewed and surveyed a road as prayed for in the petition, and that no remon strance having been filed or claims for damages presented, it was order ed that the road so surveyed be declared a public highway, and the road supervisor was ordered to open the same, but there is no find ing, nor does it otherwise appear from the record, that an notice was given of an intention to apply for the location of said road. The referee having found for the defen Number 51. dants the court affirmed his report and dismissed the suit from which decree the plaintiff appealed. Justice Moore said: "The defen dants having contended that a public highway existed across the premises in question, the burden of proof was upon them to show that the road had been legally laid out, established and opened; the de fendant also maintained that the road was viewed, surveyed and recorded after July 1, 1866, and that a subsequent act of the legisla ture (in 1870) had validated all irregularities in the proceedings. "The record offered in evidence, failing to show that any notice whatsoever was given of the inten tion of the petitioners to apply to the county court for the establish ment and location of a county road across the premises in question, it could not be said that jurisdiction was obtained to make the order upon the validity of which the de fendants relied (Latimer vs. Tilla mook county, 22 Or., 291). "The power to appropriate" pri vate property to public use is de rived from the legislature, which may prescribe the mode of its exercise and must provide a judicial tribunal for the determination of certain facts as a perquisite to the exercise of such power, but the. legislature cannot . dispense with notice of some kind to the owner of I U I .(TaaIaJ l. .1- 1 I li w isivfjciiy sucvicu uy luc luvauuu of a public highway, for to do so would be a violation of the 14th amendment to the federal constitu tion and tantamount to the de privation of property (without pro cess of law). " Without notice of some kind the county court can obtain no jurisdiction of the person of the owner of real property in condemna tion proceedings and any order or ! judgment rendered without notice must necessarily be void, and as the legislative assembly cannot validate a judicial proceeding void for want of jurisdiction, it follows that no rights can be predicted upon the order of the county court de claring the route surveyed a public highway." While the evidence tended to show that John Graham, the plain tiff's grantor, had admitted that while holding the legal title that a road bad been established across the premises, but whatever the effect of those admissions they were held to have been rendered in operative by reason of an adverse user by the plaintiff and her prede- cessors in interest. The court held that there has not been such a user of the premises as to indicate that a public road had ever been established, and ' that there had been such an adverse user for ten years as to bar the right of the public, and for this reason the decree was reversed and one was entered perpetually en joining the defendants from tres passing upon said premises. Under the steel rail pool steel rails were sold as high as $40 per ton. The pool bursied and rails dropped to $15 per ton. And still Carnegie and other steel kings kept cutting the wages of their workmen when their admitted profit was nearly twice the cost of production. Gov. Bushnell, of Ohio, has an nounced that he will appoint Mark Hannah to succeed John Sherman in the U. S. senate. Mark will make a very acceptable addition to that rich man's club.