10 Capital Journal, Salem, Ore., Wednesday, Dec. 21, 1949 70 Salem Families Celebrated Christmas Here 700 Years Ago By BEN MAXWELL Certainly Christmas was honored and celebrated by the 10 families who resided on the site of Salem 100 years ago. But where and how is not a matter of distinct historical record. Back in 1849 the population of about 100 persons occupying 16 buildings had no newspaper to record events of the day, and letters from those times are not explicit about what really did happen on Christmas here ten decades ago. Emigrants lately arrived were often gaunt with hunger, ill from privations and frequently destitute. Such was Tabitha Brown, a courageous and persist ent woman, past 60 years of age, who endured unbelievable hardships and suffering on the plains and in the mountainous region of the Oregon country. When she concluded her long overland journey at the home of a Methodist minister in Sa lem on Christmas Day of 1846 she had not set foot in a house for nine wearisome months. Her entire wealth consisted of a 6Vt cent piece discovered in the finger of an old glove. With this amount she bought needles and undertook sewing. Her de termination inspired confidence and her energy founded an orphanage and inspired Pacific University. Abundance in today's holiday season exceeds the profusion imagined by any pioneer dream er hovered about his smoky fire place in 1849. Luxury food for a big celebration had not yet been imported, and gifts for giv ing were yet scarce and expen sive. An observer who passed this way late in 1848 saw but five men in this tiny community And they were itching with the gold fever. But infirmities kept them from heading for the Call fornia diggings. Some gold seekers from Sa lem had early acquired wealth in the mines and returned home to their defenseless families Those with money quickly ex hausted the stock' in Salem's only store founded by Uncle Tommy Cox in 1847. In 1848 his business was located in a new, two story structure on the northeast corner of what is now Commercial and Ferry street. A plaque marks the site. During December of 1848 Uncle Tommy sold butter for 20 cents a pound; sugar, two pounds for a quarter; three- quarters of a yard of silk cost $1.50; four pounds of coffee cost $1, and a gallon of molasses old for six bits. A year later Cox's day book contains a few entries for the holiday season. A sensible pre sumption is that those who re turned from the gold fields with wealth bought all Uncle Tommy had to sell and there was no mer chandise left for Christmas bus iness. Come December of 1850, and things were different. Salem then had three if not four stores, and merchandise was available for all with money to spend. Butter then sold for 50 cents a pound, eggs for four bits a dozen and potatoes cost $1.50 a bushel. Cox stayed open on Christ- day that year and when Mr. L. Rector came in he paid $1.35 for three pounds of one variety of apples and $2.25 for five pounds of another. Though exotic luxuries for Christmas giving were yet in the future, Uncle Tommy in De cember of 1850 could supply port wine at $3 a bottle, and we can be pretty sure that the $10 Dr. W. H. Willson paid for a crepe shawl was Chole Willson's Christmas present. ... Come five decades later. In 1899 Salem had a popula tion of 4200. Among those mis sionaries fathers who founded the Mills (Salem) in 1840, none was then known to be alive. Hails of steel spanned the con tinent and immediate commu nication with any part of the world could be accomplished in Salem. Even so, the approach of Christmas 50 years ago got no front page headlines in the Cap ital Journal. Late in Decern ber of 1899, lop head news told about the wobbly gold standard, the Spanish-American war and the deplorable plight of local hop growers. A near Christmas editorial declared Uncle Sam could make all mankind a very pretty Christmas gift by calling a halt to the South African war Advertisers coyly hinted that Christmas was near at hand Yokahama Tea store suggested dishes. J. J. Dalrymple & Co. offered handkerchiefs from 5 cents to $3. Buren & Hamilton at 248 Commercial street called attention to their carpet sweep ers. S. W. Thompson and C. H. Hinges praised their jewelty. Jos. Meyers & Sons, "Salem's greatest Store," were having a special on imported novelties. Chung Lee Co. in the Cottle block on North Commercial street offered a line of Chinese and Japanese fancy goods for the holiday trade. In 1899 Christmas came on Monday. Stores remained open late on Saturday evening to supply late shoppers on that mild, balmy night. Stores were crowded. That year in December, just as in 1849, gold, this time froml Alaska, was dissipating a gloomy depression. "Innumerable pri vate trees," says the Capital Journal, "were set up and load ed with presents, and the camera fiends were in their glory." On Christmas day things were quiet in Salem. A single wagon load of lumber rumbling down Christmas Present Joan Tigerstrand Grunden (above) ex-wife of Jack Grunden, par alyzed patient at Birmingham Veterans' hospital, Van Nuys Calif., is going to be Jack's Christmas present. Grundcn's fellow patients pooled their resources to give Joan a plane trip from Portland, Ore., so that she can be together with her ex-husband who wants to re-marry her for the holi days. (Acme Telephoto) BETWEEN FRIENDS Commercial street drew con sidcrable comment and, says the paper, "gave a distinct shock as though it were a sacrilege." Everything was quiet in Sa lem on Christmas except at the postoffice. The office remained open and a reporter noted that it was crowded to overflowine though everyone expected a Christmas present by mail and was on hand to get it. And the scribe continued: "a girl who didn't like to be squeezed had no business there." Churches were open, too, and well attended. But those who did not care to go to church had another alternative. "Human Hearts," Idyl of the Arkansas Hills, was playing at Reed's Opera house. Patton Brothers, wno managed tne tneater, were offering choice seats in the first balcong for 75 cents and a less ostentatious location in the gal lery ior two bits. Oral Word Strong Enough to Balk Contestants in Court The Oregon Supreme court Tuesday held valid an oral con tract between two LaGrande school teachers who had been de voted to each other for a quarter of a century, even thought it was found, upon the death of one of them, that her will was invalid. The case was heard in Union County by Circuit Judge Homer I. Watts of Umatilla County. Marie Tigglebeck brought suit for relief in the nature of speci fic enforcement of an oral con tract to "devise and bequeath property in consideration for the performance of personal serv ices by the promisee for the promisor." The suit was brought against Erma D. Russell, Ruth Russell Cox, Nancy G. Russell and Mary Lynn Russell, relatives of Imo gen Elinore Russell, seeking to have certain real and personal properties and moneys compris ing Imogen Russell's estate, im pressed with a trust in the hands of the defendant in favor of Marie Tigglebeck. The high court for brevity referred to the deceased by her first name, Imo gen and to the plaintif, Marie Tigglebeck as Marie. help you." The supreme court i to the attorneys in xne sun mu said this constituted the "simple he will not try it. original agreement and added Imogen died June 4, 1947. She left her estate valued at $30,000 to Marie. Imogen and Marie were teachers in La Grande public schools. They found mutual aid sisterly love and affection for each other" and ac cording to Marie's suit, neither had any close companionship with her relatives. From 1924 to 1942, Marie was roomer and boarder at Imo gen's home. Then Marie wanted to resign and seek employment in higher paying war industry. Imogen said she couldn't stand to have Marie leave and, the suit said, Marie agreed to stay. torn Your Local DODGE Dealer Ha: Deal a Good for YOU STAN BAKER MOTORS High and Chemeketa Marie and Imogen would con tinue teaching, "retire together, give mutual aid and assistance divide expenses, using Imogen's property." Marie paid $10 month rent. Each made a will leaving all her property to the other. But when Imogen died, her will was found invalid under Oregon law because there was no witness to it. Marie contended she was en titled to have the oral contract specimically performed. ... The heirs at law answered the complaint by a general denial But the Union County court on Feb. 15, 1949, entered a degree in favor of Marie. The defend ants appealed. The high court in its opinion written by Justice Arthur D. Hay today, noted that Imogen and Marie bought war bonds in their joint names. It recalled Imogen's will: "Every thing I own, I leave to my friend, Marie Tigglebeck." It was not witnessed and there fore was invalid, the court noted. But it held with the Union County court that there was suf ficient evidence of the intent of the oral contract. It said the necessary valuable consideration for the contract was found in services performed. The high court said Imogen's offer was in effect "Don't leave me. I have no one. If you stay here and help me, I will leave you all my property." The court said Marie replied in effect "I will stay here and we have concluded that the contract was sufficiently proved." The opinion ended with this observation: 'The facts in this case, in our opinion were sufficient to entitle the plaintiff to the equitable re lief for which she prayed. The decision of the lower court was right." Have to Get Another Juclae The state supreme court will have to seek still another circuit judge to sit in on the local case of 18 high school students who are seeking to wipe out a suspen sion order of the Salem school board for alleged secret society activities. Judge David R. , Vandenberg of Klamath Falls has indicated He told them that while he has never belonged to a secret society in his life he has no per sonal objections, to students be longing to such organizations and he feels it is up to the par ents to regulate the personal ac tivities of the students ana noi the state. This will be the fourth try to secure a judge to sit on the case. Originally it was thought Judge Earl Latourelte of Oregon City would be on the case. 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