Lincoln County leader. (Toledo, Lincoln County, Or.) 1893-1987, March 04, 1897, Image 1

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    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.