Lincoln County leader. (Toledo, Lincoln County, Or.) 1893-1987, May 04, 1900, Image 5

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    Round Number Three.
Editor LuaDeb: My friend, Council
man Peterson, having attempted, by
proxy, to answer an article taken from
the city records and published over mv
Mgnature in The Lf.adkr of March 6, 'I
notice that you kindlv offer space in
your paper for further discussion of the
niatter. I iim well aware that the pub
lie is not interested in our private affairs
or personal differences, vet all are inter
ested in the affairs of the city, and what
I shall sav regarding the 'same I can
easily substantiate at anv time from the
records and the men who served in the
eoundl with me for four years. Coun
cilman Peterson savs that 'nearly all the
property owners canceled their 'liens by
performing their work in accordance
with the ordinances and the ollicial sur
vey established by the citv. Now,, if
this statement is true, why does Coun
cilman Teterson introduce a resolution
to declare null and void the tax sale of
1898? Why does he go to Albany and
hire able counsel, as he expressed it,
when all have paid their liens? And if
this is true, why these special sessions
of the council, before any one has made
application to have his tax lien canceled?
It is time enough for the citv to relieve
by special legislation a few 'delinquent
taxpayers when they have filed an ap
plication for help. Then, again, if it is
trui, as Councilman Peterson says, that
all hut a few have completed their work,
would it not be better for the council to
cancel the liens on those who had per
formed their work and let the liens re
main1 on the property of those who have
not done their work at least, until they
ask the council for relief. It is very sin
gular thstt Councilman Peterson should
be shedding his very heart blood as it
were in the interest of a few people who
are .ieliiimienr in tlmir ttro.t .,,,.!
that, too, before these people have even
filed an application for relief or com
menced an action against the citv for
uicgaiiy assessing ana selling their-prop-erty,
as Councilman Peterson has held.
Why should the honorable councilman
do this, as againet the interest of the
citizens wiio have been forced to per
lorni their work? This seems a little
out of order when it is remembered that
. uic Honorable councilman took an oath
to protect the city's interests. The
honorable legislator savs when thp. worU-
was done it was the marshal's duty to
ureupi, it nun nie tne acceptance with
recorder. It is also Mr. Pete
as a member of the council, among other
things, to See thatthft imirsli.il iirfiimu
his duty and carries out the orders of
uie council; ana it the marshal neg
lected his duties, the council also neg
lected its duties in not forcing th mar.
shal to attend to business and protect
me cuy s interests. The same grades
exist now that were established when
the assessments were made, and if the
jnarshal did not accept the work of any
property owner, thpre has not been u
.2Jme w ithin tho last three years when
It ho property owner could not have ap
plied to the marshal or the street com
mittee and have his work examined,
and if it was up to ordinance it would
have been canceled by the counci. Now
all property sold las mentioned in 18
W:lR (llll V Mil vnrtiaot fnr iVini-a tlmn tl,;i..
days in the official paper and the matter
w.ih iuny uiscussea oy all the citizens
of Toledo for a month before the day of
sale, and any citizen who had a lien on
his property for street assessment could
have applied to the marshal or the coun
cil, and if he had performed his work,
the council would have gladly canceled
the same. As a matter of fact and rec
ord, a number of delinquent property
owners went to work and completed
their street work after it was advertised
for sale, and their work was dulv exam
ined and accepted by the marshal and
the liens canceled, "in his article by
proxy he uses tho following language :
'So flimsy was the sale that Mr. Jones,
while occupying the mayoralty, never
attempted to have the liens recorded in
the clerk's office." I desire to say this
is a cowardly lie. On the contrary, I, as
many as six different times, in open
session in the council, urged and advo
cated the necessity of having the record
completed at the clerk's office, and
every councilmen who served with me
will bear me out in this statement. The
honorable legislator says the pretended
hale is void and illegal, for the reason
that the ordinance governing the sale of
property has been violated. This ordi
nance was a city law before I was mavor.
I have been informed that the ordinance
was prepared at the request of the
council by Judge Stewart when he was
acting as recorder, and that he was au
thorized to and did employ counsel to
nid him that .stands equally as high in
the Oregon courts as II. C. Watson, the
councilman's, advisor. Councilman Pe
terson says that nearly all property
owners have performed their work ac
cording to ordinance, and that he him
self has done so. The lien docket of the
city of Toledo shows that there are fifty
delinquent names on the docket, and
that their property has not been re
deemed. Among tliis number is the
name of A. T. Peterson for $35. If his
work had ever been performed the mar
shal would have filed tiio acceptance
with the recorder and the council would
have canceled the lion on his property
before it was sold. I niaketh assertioii
here and now that he has not performed
his street assessment according to ordi
nance or according to the city survey,
and he will not claim that he has when
the work is inspected ; yet he will at
tempt legislation in a body of which he
is a member that will pay his taxes an 1
clear the record of his" property. In
boldness this has never been equaled by
any known body of legislators. The
records will bear hie out in the assertion
that there has never been a petition or
application presented to the council
since this sale of 1S08 until January 1,
1900, when I left the mayor's office,
asking that the liens on their property
or the tax sale be declared void ; nor
has any person appeared before the
it council in session und complained that
tAff marshal did not cancel his lien when
e work was completed. Prof. Rethcrs
did ask for time on his property, for the
reason that there wbh a difference as to
tfie grade established by tho city. Mr.
Peterson also says : "I assert that B. F.
Jones never graded nor biiilt a foot of
sidewalk on a public street in Toledo.
This assertion, by most people in the
county, Is considered as quite a joke.
While I do not as rt rule blow mv own
trumpet, uiider the circumstance's and
for the purpose of branding the council
man as a cold-blocded liar, I think I
ilia v be pardoned for making this denial ;
and while I make no nrentensions of
being in any way a public benefactor,
and have done no more than a number
of the other old citizens and pioneers
who settled in thin county Inanv years
before the distinguished councilman had
left his dear "Kadcrland." It was thirty
years the 28th of April, 1!KK). since "I
settled on a portion of the land where
Toledo now stands, and the most of
these years I have spent here, and I un
dertake to say, without fear of contra
diction, that I had spent more monev
and labor in improving the streets and
roads in and around the city of Toledo
before Mr. Peterson ever saw. Oregon
than he has spent in improving all his
jwssessions in the county ; and since he
became a member of the council I have
built and paid for 1.50 feet of sidewalk
on a public street in Toledo and paid for
grading on First street $210 in front of
my property, and have opened for iviivel
over 400 feet of public streets in Fifth
addition to Toledo. For live years I had
the only team in town, and cleared from
logs and brush every street that I trav
eled. Councilman Peterson savs the
city has not paid out a dollar on private
property except, on Third street. Now
let us see if in this statement he has
only stretched the truth a little, or just
simply told a plain, unvarnished false
hood. The city of Toledo has drawn
warrants for improvement in front of
jiHViUe piopciiy on Graham street, and
it is a niatter of record. The city au
thorized bv its council
to pay for work in front of private prop
erty Oil Fourtll Street. This is n mnttur
of record. The common council author
ized warrants arawn on the treasurer in
payment of 200 feet of sidewalk on Fifth
street, and this is a matter of record. I
could mention more cases, but space
forbids. The records are open for in
spection. Councilman Peterson voted
for a resolution to place $300 in what
was known as tho general improvement
fund, and part of this was used in im
proving and cultivating private persons
in the spring of 1896. Again, he savs
the city bought a lot aiid a park from
Jones. This is only half a lie. The
city did buy a lot, but never a park from
Jones. The facts are that at a regular
meeting of the council held September
5, 1898. a committee was appointed to
receive bids for a lot for a city hall and
city park. As a result a number of bills
were filed with the committee, and at a
regular meeting of the council October
3, 1898, the council voted to buy a lot
from Jones for $210 and a block from
Buford and others for $280. I filed my
bid with the committee on the 20th day
of September, 1898. Myseif and a mem
ber ot the committee examined the rec
ords at the clerk's oilice, and at that
date the judgment mentioned by tho
councilman was not a matter of record
in Lincoln county. The city recoider
was also instructed to examine the rec
ords as to title. In a suit appoaled to
the supreme court from the circuit court
of Lincoln county by U. G. Hale a judg
ment was given against me for $134.50,
but as above stated, when my bid was
made the mandate from the sunreme
conn had not been filed in Lincoln
county. But without my knowledge the
mandate was secured by information of
an ex-city official and filed with the
clerk a few days before the deed from
me to the city was recorded. The suit
for which tho judgment was given in
the supremo court was instituted bv nie
at the request of Dr. Bryant of Califor
nia and lion. It. A. Bensell of Newport
to recover some coal lands, with the un
derstanding that they would pay all
costs that might be adjudged to the
plaintiff, and they put up a bond to that
effect, and have shown their good faith
by paying a portion of the costs, and
will, they say, settle the judgment in
the near future. This the councilman
WHS fllllv nwrirrl if M-lm 1,.. i.:..
v .......v, .... nnii nc jiicu ills
article by proxy. He does not seem to
pe clear in lus mind as to what the citv
indebtedness is for, although twice a
member of the council. 'I would suggest
that he examine the citv records and
refresh his memory. I think he is a
little late in discussing the resolution
through the papers, when he admits
and makes the assertion in his article
that the niatter has already been sett!"d
by the councilmen out of session, for
the records iu the recorder's oiiiee do
not show any such state of affairs. Does
the councilman sound this as a note of
warning to the people that no littl mut
ter of a tax sale renresentin.r m.vrn1
hundred dollars is of millieient import
ance for the neonle to lmvro .1 li,..,
and that matters of this kind should be
setuea ny the council while not m ses
sion and given to one of the members
to be carried around in his vest, n.wk-et
until such time as he mnv sen fit in
place iti upon tho council journal? I
make the assertion here and now that
when he made the assertion in hu ni-ti.
cle in this language: ("but now, as the
niaiier is iiniiersioou oy the council")
he slandered mid lilmlnl n,,.i1, ...., ,.f
that body, for I believe the other niem-
ner.sot the council are honorable men,
and will, when they i nss nn imliti'iiwi.
do it in open session nnd place the same
on record, as nv law re mired. Krorv
citizen ot Toledo is interested in this
matter, and when the councilman tells
flip iMfi'priri tmlilt.'di' flif.Mi.rli .1... .....
diuui of the press that the niatter has
..1 1.. t 1 1 . n ...
uiir.iuv ui-yn neiucti oy nie council, in
private, before the r."nlsir ine,.iin.r -.f
that body, and before any record is made
of the same, thus in.( notifying the tax-
t I . . 1 - V.
payers mar, mey win nor, give them the
constitutional rights of petition m
hearing, then we say the gentleman is
adding insult to injury, and is pleading
guilty to the charges heretofore made
against him. B. F. JONES.
In opening its columns to the discus
sion of a subject of public importance.
Tun Lkader did not look for an endless ,
chain, but Mr. re son 1H "ext. Wq
would respectfully suggest that citizens
who are sufficiently interested examine
the records and attend the council meet
ings. The numerous branches of this
subject are apt to confuse the reader.
That Throbbing Headache.
Would quickly leave you, if you
used Dr. King's New Life Pills.
Thousands of sufferers have proved
their matchless merit for Sick and
Nervous Headaches. They make
Dure blood and build up your
health. Only 25c. Money back if
not cured. Sold by O. O. Krog
stad, druggist.
- -
Scbenck & Co. are expert millin
ery artists and designers, and with
their large stock of new goods and
modest prices cannot fail to please.
The ladies are cordially invited to
call.
C1IITWOOD ITEMS.
We have had the finest weather
in Oregon for several days past.
Miss Allie Mason is all right
again and has resumed teaching.
Miss Nellie Rae of Elk City was
a visitor at the home of Uncle Jim-
mie Chit wood the past week, re
turning home Monday.
Miss Bertha Chitwood was a vis
itor among the Chitwoodites last
week. She has become quite a
chitttm-bark peeler, but fell out of
a tree one day this week and got
quite a shaking up.
Uncle Jimmie McDonald received
his beehive mill all O. K. Monday,
which he bought of Wallis Nash.
We expect plenty of beehives to be
made at home now, and we will
not have to send to Ohio for them.
That's business..
You ought to come and see Uncle
Jimmie Chitwood now. His house
looks "finer nor a fiddle" inside.
His son D. J. has been remodeling
and repapering it. Uncle Jimmie
can crack a joke just as well as ever
even if he isn't half so young
as he used to be. -,;
Fence-building seems to be quite
a fad in this neck o the woods
lately. L. F. Pepin commenced in
the winter; then M. T. Whitney
seemed to thiuk that was a good
example to follow, so he built fence;
then Mr. Mason followed suit; then
L,. F. Pepin took a fresh start and
built more fence; then J. K.Wilson
tried his hand at feuce-building on
his ranch; now Mr. Fiitz is at it.
Who'll be next? Oood fenrat nr
what we need horse-high, bull-
strong and pig-tight.'
TlLUCUM.
CHITWOOD NUMBER TWO.
Quite a number are out peeling
chittim this week.
Rev. Dawson was calling on
friends here Monday.
J. A. McDonald went to Nash
ville Thursday morning.
Mrs. Ethel Estherbrook enter
tained C. B. Mason and sister, Miss
Alys, last Sunday.
Mrs. S. J. Pepin and daughter
Stella drove up to Nortons Wednes
day to visit relatives and friends.
Attorney Hawkins, while fishine
in the Yaquina near here Tuesday,
slipped and fell in the river, but
without serious damage, except to
his suspenders.
S. M. Mason,
several of the
started Sunday
in company with
boys from here,
for Newport to
camp out a few days. Mr. Mason
returned Wednesday morning with
a nice lot of lish and clams. He
reported the others as having a
good time.
A HoKium,E Outbreak.
"Of large sores on my little
daughter's head developed into a
case of scald head" writes; C. D.
Isbill of Morganton, Tenn., but
Buckkn's Arnica Salve completely
cured her. It's a guaranteed cure
for Eczema, Teller, Salt Rheum,
Pimples, Sores, Ulceis and Piles.
Only 25c at O.O. Krogstad druggist.
II PHEASANT FLOUR I
We Challenge the State
Price, $2.75 per Barrel
One Barrel or a Hundred all the Same Price.
We have made arrangements with our millers, and for a limited
lime, or until further notice, we will supply our customers with all the,
flour they require at MILL PRICE freight added.
TERMS ON FLOUR
SPOT CASH!
NEITHER TIME ' NOR DISCOUNT.
We carry a full line of Geueral Merchandise and all sold at
Bed-Rock Prices.
ONE PRICE TO ALL I WE LEAD !
Watch tho Other Fellows!
Cooroy
All Goods Marked in
Plain Figures
Mail Orders Given
Prompt Attention
Administrator's Sale.
To Whom It May Concern :
Aotico is hereby given that by virtue
of
nil llilt'l III llll n I Tmmrir I Vi.ii..
ot tne county of Po k mi. sMtof n.
... X'UKIIIJ Willi
eKon, duly made and entered of record
011 the eleventh (11) day of November,
IS!)!), in t he matter of the administration
pt the- CHtate of E. F IIoHford, autlio!
lzing and directing me, AY. S. llo.sford,
administrator, of Paid estate, to Pell at
private sale for cash in hand the following-described
real j.ropertv, to-wit:
Lots Nos. 2 and 3 ami the east of
the northeast M of section i!7 in town-
i"P"'i?' 14 8,mth of r'Ri'l- went of
the lllamette meridian and belonin
to said estate, consisting of one hundred
and hlly-three acres.
Now, therefore, by virtue of order
aforesaid, I, W. S. llosford, as such ad
ministrator, will from and after the 1st
day of June, l'JOO, offor for sale and sell
at private sale to the highest bidder all
the above-doseribed premises for cash in
hand. WALTER JIOSFOR),
Administrator.
SEALED BIOS WANTED.
Sealed bids will be received by the
county court tip to () o'clock nr m. of
Wednesday, June (i, l!)0(), fr the con
struction of a ferry across the Yamuna
nver at the mouth of Mill creek. This
ferry must be self-operating, and bid
niust, include the building of slips or
landings. Further information can be
obtained at this office. The court re
serves the right to reject, anv or all bids.
7w , , , ? U-Lvrz t-Wnly Clerk.
J'ateil Joledo Oregon, April 21, llHH). .
sealed ivids Wanted.
Scaled bills for the construction of a
bridge aci oss the Yaquina river at the
mouth of Hays creek, near Chitwood,
will bo received by the comity court up
to 10 o'clock a. 111. of Wednesday, .lime
ft, l!)0i). Flans and specifications can be
seen at this oliice. The court reserves
the right to reject any or all hids.
Tl , , ' H. I ata, County Clerk.
Dated Toledo, Oregon, April 24, l'.HM.
Notice of rinal Settlement.
In the County Court of the State of
Oregon, for the Cntiiit v ..f I .in
Ill the mutter .of the it.nt if li......
Spencer, deceased.
Notice is liereliv mvi.ii li.it (1.,.
- I'lUI llll.. MI1I1VI-
Higneit, the administrator of Done Soen-
cer, deceased, Iiuh tiled his final account
as such administrator with the clerk of
the llhovelinnicil ennrt ...wl (!...
, . . . ...... v.itib
jude there.,! has set Tuesday, t he fit h
day of June. UlllO. nt l 111 ill lit H ... Ill
o clock a. III., in the eouiitv rl
ill till? courthouse in the ein- i.f T..I...I..
Oregon, as the time and place for hear-
H iMijeciiuns niereto, slioulil any be
'"'"l'!- . Cham. II. Rt:ni
Administrator of the estate of Dooe
Silencer. (leeeMse.l.
Toledo, Or., April hi, l'KK).
Notice of Appointment.
In the Comity Court of the Slate of
Oregon, for Lincoln I'l.m.'u
In the matter of the Ehtate of Willimn
llaiisey, deceased.
Notice is hereby .riven llmf M.n
pinned has been appointed by the above-
to Produce a Better Article.
'!! & Co.
Toledo, Oregon.
named court the administrator of tho
estate of William llansey, deceased. All
persons having claims against said estate
are hereby notified to present the same
to me at Siletz, Or., within six months
lrom date hereof. , Ciias. II. Uun-i., "
.rtumini.stratorot tiio estate of William
llansey, deceased.
Siletz, Or., April l(i, l!)00. '
CHEAPEST
LATEST
BEST
READY-TO-WKAR-
Hats
a Specialty
Hats trimmed; tipscleanod andourled,
All work guarantood.
MRS. G. E. BAUMANN.
Pnrlor at rosidence opposite the Toledo
Hotel.
DON'T FOIIGET
Tli at besides a gen
eral stock of Drugs,
Medicines, Notions,
etc., we have a Full
Line of School Books
and Supplies, Wall
paper, Faints and
Windowglass. Also
the leading kinds of
Grass Seeds
EropW-Th Druggist.
o. j. nitowiw
ULACKSxMITIlJNG
M.'.hTZ, 'lltKiiox.
iicrPrl Ph..;. ami It-pair work of all kind dun
nt ronKuniMc pr!e. llOKHKHHOEINa uil
(Hats
.