Dalles Daily Chfoni.de.
SUBSCRIPTION RATES.
T MAIL, FOrTAttS rsXfAID, IX AST AXCS.
Weekly, 1 year
6 months.. .
8
Dally, 1 year.
" 6 months.....
per
1 1 W
0 75
0 o
C 00
S 00
O SO
Address all communication to " TKJC CHRON
ICLE," The Dallci, Orecon.
THURSDAY, ... JULY
1895
DOLPH
AND THE SUPREME
COURT.
. la yesterday's Oregonian ex-tienator
Dolpb criticises a decision of the supreme
court in the case of Schmidt vs. the Or,
Gold Mining Co., and the Oregonian,
as usual, backs the ex-senator and echoes
his sentiments. The statements of Mr
Dolph and the comments of the Oregon
ian make it to appear that the supreme
eourt have committed a' most grave
error and established a precedent unjust
and contrary to all equitable and legal
rules, and rendered a most outrageous
"decision. Believing that there must be
some explanation of the matter, we in
terviewed some of the attorneys of this
city concerning these criticisms and
learned something of the history of the
decision complained of.
It seems that the circuit conrt for
Union county, Judge Clifford prepiding,
rendered a decree in the case decreeing
the sale of the mortgaged premises and
that the proceeds of the sale be applied
in satisfaction of $5500, adjudged to be
a reasonable attorney's fee, and certain
costs which appear to haye aggregated
$939.14, and directing that the attorney's
fees be a preferred lien upon the pro
ceeds of the sale, and that either of the
several attorneys am one: whom the fee
was divided might enforce payment by
an execution.
Upon its face the decree appears to be
an outrage, and as (he learned ex-senator
6ays in his brief, and the Oregonian
repeats, "a scandal upon the adminis
tration of justice;" and had they re
buked the circuit judge who permitted
such an outrage no one could or would
answer them ; it appears from the re
port of the decision of the Biiprcme court
that this outrageous decree was entered
by consent of plaintiff and defendant;
had the ex-senator and the Oregonian
gone so far as to suggest that the decree
had the appearance of jobbery between
the attorneys and circuit juAge we would
not have seen a very good defense to such
an insinuation; we should certainly
have joined them in criticising the cir
cuit court. But as we understand the
decision of the supreme court, as shown
us by local attorneys, it was helpless in
the matter. The" court says :
"It has been held by this court that
by consenting to the rendition of a
judgment against himself the defendant,
in effect, waives his answer and thereby
leaves no issue to be tried, and that from
such a judgment no appeal lies.
The recitals in the decree show that the
defendant gave its consent and
there being no evidence in the record to
guide it in determining what would be
reasonable, we conclude that the parties
intended that the conrt should ascertain
the amount in its own way and that they
should be bound by the result.
6o we have here a decree which the !
plaintiff, through his attorneys specific
ally requests the court to make, and the
defendant has upon tlie record consented
to every feature of it. Now the
party making the request appeals to this
court, and demands that the decree be
roused in part without so much as mov
ing the lower court to modify its find
ings or calling its attention to
errors or irregularities."
Among the attorneys interviewed by
ahb chronicle it seems to be the unan
imous opinion that the proper course
would have been for the- learned ex
senator to have moved the lower court to
modify the decree, make a showing that
the parties had not consented to it and
that it was contrary to their wish ; then
had the lower court refused to modify
the decree, the question could be raised
in the supreme court. The latter court
takes tbe record as it is sent up from the
circuit court and in the absence of a
showing to the contrary assumes its re
citals to be true. In this case, we are
told, the attorneys for the appellant
made the mistake of appealing from n
decree assented to without having shown
that it was not assented to; the supreme
court has not, it appears, settled the law
that an attorney can, n a case like the
one referred to, take a decree in favor of
himself and against his client and that
such a decree is not appealable, as the
distinguished ex-senator and his echo
suggest, or anything of the kind ; 'it has
einiply reiterated a well known rule of
practice which the learned ex-senator
should have known that consent decrees
cannot be appealed from ; and that
parties desiring to raise the question ss
to whether they are consent decrees
ninst first in the lower court show that
there was no consent, a rule well estab
lished in the supreme court of this and
other Btates, and a rule recognized to be
tbe onlv safe and just one.
As we understand the situation the
supreme court was helpless to undo the
wrong of the circuit court, because the
appellant's attorney, who now criticises
it, did not bring bis case into the su
preme court in such condition as to
present the question. Should the su
preme court do what the omniscient
daily insists it should do reverse this
decision it would have to sit at naught
the best authorities as well as its own
precedents. It did not establish the
precedent complained of ; it dismissed
an appeal which presented no question
which it had the right to pass upon.
Astoria is rejoicing over the prospect!
of the immediate construction of its long
desired railroad ; we rejoice with them
and hope they will not be again disap
pointed. The interests of every town on
the Columbia are, in many particulars,
identical' with those of the city by the
sea, and we rejoice with her now both
on her own account and because her
prosperity i nnrs also.
What Could Be B e tt e r
AS A COMBINATION FOR HEALTH ? ,
CELERY, for the entire NERVOUS system
BEEF, the greatest SUSTENANT known
IRON, to purify and enrich the BLOOD
ASK FOR '; "' "'- "-; - "
Ge le t y Beef M I pon
IMature's Builder and Tonic
FOR SALE BY BLAKELEY & HOUGHTON.
Bring in Your Family
m Yourself,
Lome
ne norr-ttarvey cont
transferred to The Dalles.
JSMS6 Stock, Fine Goods,
is wind and we have plenty of it.
HOTHERS
and those about to
become mothers,
should know that
Dr. Pierce's Fa
vorite Prescription
robs childbirth of
its torture, terrors
and dangers to
both mother and
child, by aiding Nature in preparing the
system for parturition. Thereby ' ' labor '
and also the period of confinement are
greatly shortened. It also promotes an
abundant secretion of nourishment for
the child. During pregnancy, it pre
vents "moraine sickness" and those
distressing nervous symptoms from
which so many suffer.
Tanks, Cottle Co., Texas.
Dr. R. V. Pierce, Buffalo, N. Y. :
Dear Sir I took your "Favorite Pre
scription " previous to confinement and
never did so well in my life. It is onlv
two weeks since my confinement and I am
able to do my work. I feel stronger than I
ever did in six weeks before.
Yours truly,
A MOTHER'S EXPERIENCE.
South Bend, Pacific Co., Wash.
DR. R. V. Pikrce, Buffalo, N. Y. :
Dear Sir I began takincr vour " Favor
ite Prescription " the first month of preg
nancy, ana nave con
tinued taking it since
confinement. I did not
experience the nausea
or any of the ailments
due to pregnancy, after
I began taking your
Prescription." I was
only in labor a short VTBSfk'tv
time, and the physician. - &y4($?&3?
said I got along un-
nsnallv wpll.
we tuink it saved me Mllul-
a great deal of suffering. I was troubled a
great deal with leucorrhea also, and it has
done a world of good for me.
Yours truly,
Mrs. W. C. BAKER.
& New Store
on a Cash Basis.-
The credit system is a heavv weisrht to r.arrv. nrl
those who pay must make up for the ones that do
not. The only way to have low prices is to sell for
casn, ana tnat is wnat we are going .to do
Prices Way Down.
We sell for cash, buy cheap, and our patrons have
the benefit. We have bought out the business of
H. H. CAMPBELL and will be pleased to see old
patrons and new ones. We are in the field for
business.
W. A. Johnston,
No. 113 Washington St.
New Man! New Prices! New Goods!
Having just purchased the storo of TT. Moqaq r T
am prepared xo meet an competition. A large invoice of
FRESH GROCERIES,
Bought for cash at low rates.
xw j otwjs. x& complete, una prices to suit tne times.
I SELL FOR CASH,
And give moie for a dollar th
v v vw. v iu -a. llVv
.11 si' - -
xanes. owe me a call and examine for yourself.
B. A. HUNSAKER,
Successor to IT. Moses & Co., adjoining the Diamond Mills
Opposition We Invite.
Competition We Defy.
Closing Out Sale
See us before
you buy.
We carry a Complete Line of
Fishing Tackle,
Ammunition,
Stoves and Steel Ranges,
Wire Cloth,
Wire Poultry Netting,
Sewer Pipe,
Iron Water Pipe,
G-arden Tools,
Sheep Shears,
Barrell Churns,
Rubber and Cotton Wrap
ped Garden Hose,
Groceries and Provisions,
Oak Fir and Maple Cord
wood and General sup
plies,
Telephone in Grocery Store
is 161. Send in 3'our orders
by Telephone. All orders
promptly filled.
of DRY GOODS
CLOTHING, FURNISHING GOODS,
BOOTS, SHOES, HATS and CAPS.
Past or present values cut no figure, as goods
MUSt be SOLD LESS than COST,
Give JVfe a Call.
J. P. McINERNY.
Insect Powder,
Poison Fly Paper,
We handle the Celebrated
"Tanglefoot" Sticky Flj
Paper and . " Dutchei 's "
Poison Paper. Do not be
1 -r-,, deceived into buying any
sticky Fly Paper, other brands.
AIE
EVE, Efl, HOSE and THHOflT
y
n-iPF. J F- - s- London, member of
rrtn it ci rind If -
O'-ulist sndiiuriat to the Victoria Koal Jubilee
llAGTll tall IVf J-ihA.-nl il! . i
1 t W vhc icu " t'uifB ior me practice
ot the above specialties, at rooms fi04-50.5. vtar
quHra Building, Portlnrid, Or. Oilxce bou rs, id
to 12 a. Tn Ktnfinnfl at fln
- w w K" JlJ XOAIU
Donnell's Dmg Store.
Deutsche Jlpotrieke.
Telephone Jio. 15.
Blakeley & Houghton,
DRUGGISTS,
175 Second Street,
The Dalles, Oregon
. ARTISTS -A.TIEIR.IElA.IIIjS.
Conn try and Mail Orders will receive prompt attention.
And see how cheaply we can dress all of you. 7
Men's Suits, Boy's Suits, Silks, Satins
LACES, WOOLENS, COTTONS, LINENS,
Everything from Hat to Shoes, for everyone. All new stoek
C. F. STEPHENS
JOS. T. PETERS & CO.
DEALERS IX
BUILDING : MATERIALS
-AND-
Tolopliono 3To. 28.
When the Train slops at THE DALLES, get off on He South Side .
jiEW comjjviBm hotel.
This large and popular House ooes the principal hotel bnsinen,
nnd is prepared to furnish the Best Accommodations of any
House in the city, and at the low rate of
$1.00 per Day. - prst Qlass Teals, 25 Cepts.
Office for all Stage Lines leaving; Tie Dalles for all
points In Kasteru Oregon and. Eastern Washington,
in this Hotel.
Corner of Front and Union fits.
T. T. NICHOLAS, Propr.
GEORGE RUCH,
PIONEER GROCER,
Successor to Chrisman A Corson.
FULL LINE OF
STAPLE and FANCY GROCERIES.
Again in business at the old stand. I would be pleased to
see all my formei patrons. Free delivery to any part of town.
- 4
RUPERT & GABEL,
"Wholesale and retail manufacturers and dealers in .
Harness, Saddles, Bridles, Collars,
TENTS and WAGON COVERS,
An all Articles Kept, In a First Class Harness Shop.
REPAIRING PROMPTLY DOSE. Adjoining E. J. Collins A Co 'a Store
TH33 ATiT iES, OREOOiq-.
THE CELEBRATED
COLUMBIA BREWERY,
AUGUST BUCHLER, Prop'r.
This well-known Brewery is now turning out the best Beer and Porter
east of the Cascades. The latest appliances for the manufacture of good health
ful Beer have been introduced, and oiuy the firet-clasa article will be plated o
he market. ; ' -
BUNNELL;
File Hit, TiiiplIS
MAINS TAPPED UNDER PRESSURE.
Sfcop on Third Street, riext door west of Young & Rosa
; - jtsiacjcsraitn caop.