1 ;
)
Thk lurtKPitaDKNT 'Ibe lx; newso(e
wver published in DiMglas county.
Society -Heelings.
t tJMPQUA C1IA 'TEK NO. 11, k
t : A. M , hold regular eommunica
iwMtJ tions every first and tliird Tuesday
la each month All Bwmlxiri in good
standing will take due and timely notion
aid govern themselves acoordiogly. Visit
log companions are Invited to meet wiib
the Chapter when convenient.
a HERMANN, H. P.
W. L Fbiedlakdkr, Hee'y. i
W
LAUREL LODGE A. F. and A.M
h'dds regulsr meetings on Wednes
Jar on or before each full moon.
!. C. FULLKKTOX, V. M.
R XEWCOMB, Secy.
PHILETAI'IAN
JS? Lodge. No. 3, 1 O. O.
P. meets
on Saturday evening, ol each
week at 7
o clock. in llieir Hull at Ktiee.
barg. Members oftheorrfer in food standi
ng are invited to attend. By order of the N
tt. UNION ECNAMHMENT. No. 9. I,
O. O
F.. meeta at Odd Fellows Hall on the 1st
and 3d Fridays ot every month. Visiting
Brethren invited to attend
D. 8 K. BUICK, C P.
B. O. Housh. Scribe.
UMPQUA GRANGE, NO. 28, P. of
If will meet hereafter on the Bra. Satur
ot each month, at Orange Hall, in Kose
burn. All m ex tubers in good standing ara
cordially Invited to a tend:
OEO. JONES, M.
J. P. Duncait, Secretary.
UNJUST IN EVERY PARTICULAR,
The Wettern Star of Friday would play,
the dog in the manger with this paper.
Here we reproduce what the Star says :
. We are at a loss to account lor tha fact
that the County Court appropriated twenty.
five dollars for the publication, in the In
DKFSaOEWT, of the annual exit' bit of the
-county nuances.. Itia a matter of gene ral
-interest and the duty of the local p pers to
publish as much for their patrons free.
Even at regular advertiaiug rates it won d
eot have cost more than six or eight dol
lars to have published tlie same in the
three papers at this place, thereby giving
the Board an assurance that three times
the number of persons would reed i 1 Ve
cannot censure the Ikdepkkdekt, uowev
. er, lor having accepted the twntyfive
dollars, hut our readers will examine the
full exhibit in another culouin free ot
charge, hi nee writing the above we learn
that the arrangement was made bytiaddis
and Applegate of the Board and that Mr.
Cook was not present at the time." ;
In the first place, this p per agreed with
the Star and Plaindealvr to publish legal
advertisements at old litigant rat-a without
it came to a matter cf appropriation by the
County Court, and then ail were to do the
best possible At lit-gaut or the other
rates agreed upon by the publishers of the
three, papers the advertisements would
have come at $17,50 for the first inner
tion, and for four weeks. $115 00. If every
publisher had remembered Lis pledge.
; Instead of the advertisement appearing in
the three paptr for six or eight dollars,
st legal ratea it wou'd have cost the conn
ty $115.00; and less than legal' ' rates, as
published in this paper, the cost would
have been $7i 00. But the point with
the County Court was, that there should
be as little expense as possible, and that
th exhibit should be published in the p
per reaching the largtst number of taxa
payers, and consequently the Independ
ent was selected as the paper for the sc
complishment of the purpose des'red, and
there was a consequent saving to the
county of at least $50, or at the utmost of
$95 60.
; When Sheriff Hogan, for :he first time
advertised the sale of property of delin
quent tax-payers, and he had collected so
faithfully that there remained bat about
$80 delinqaent, the sdvenieement in the
Star cost at least $30, and nearly doubled
the amount due from those delinquent.
We did not complain because the Sheriff
..published the advertisement, knowing that
-he had a right to do so in a paper pro
fess ng general circulation, and grumble
- for the reason that he did not patron s
. )
t 1 ,
, t I
, general - ciiculaiion, and we give him the
vbeuefitof the doubt.
JLs to the publication being authorized
by Judge Gad d is snd Commissioner A,)
plegate, the Star makes another mistake.
Mr. Cook gave uia consent to the appropri
ation, and it was tho result of an unaai-
: mous voteou the part of th ) mninbers of
the Coomy Court. This is a tact that
can be proven by the members of the c urt
individually, and when proven It does not
establish a wrong to the detriment of Jud)fH
Uaddia and Iomuiisi-ioner Appeiraie and
-Cook, but raiher reflects in their favor
. -and common politeness will not permit ns
to say what is the reflection cast upon the
Star. ...
As to the publication of the exhibit as
-an advertisement, there is no'bing new in
it. In every county iu the Bu to such an
..exhibit is annually published as an adver
4isement, the matter of fo:ir weehs. . 1 his
is true in the Democratic county of Jock
... son and the- itepublican ounty of
Multnomah, snd in only one nrwpper. In
' Coos ale is this true. None of the oth -r
papers, in which the advertiKetneni in qnea
. ton it not published find tauit. Unlike the
Star the uewspa)ers not so patron ii d re
cognize the fact that the exhibit should b-t
published in one paper alone, and that the
; County Court doe its duty and w.iuld
waste the public lands should that body
.patronize all..
: In the ab vs we have stated only the
:-truth. We have left behind the feeling
that would prompt us to a bbter reply.
Js'ot yet have we thought those who have
- charge ol the columns of the Star sre lost
to that sense of honor which be.ongs to
,lbe gentleman. We hsve given a plain
statement and we expect the ttar publish
ers to remember that it is dus to them, ss
well as ourselves, thst they acknowledge
the mistake they have mode. Without
further proof to the contrary we cannot
believe that it is their desire to misrepre
sent the truth ; we believe they will ae
knowledge tbeir error. Until we Sod we
are mistaken will continue to think they
are honorable but mistaken gentlemen. -
Burned in Effigy
Mrs. Abigail Jaae Duaniway waa homed
-in eJ3gy in Jacksonville, and rotten eggs
rwers thrown at her, for publishing tha do-
mestio troubles of a family at that place.
Tha Sentinel thus describes the affair: "On
Saturday last eopias of tha 'N Nrt&tfe3t"
were received hers containing an oooalled
. far allusion to a family scandal that had al.
. suwt died out ef remembrance. Mrs. Dunnt
. way was in town, and the ill sdvised allu
sion wss received with a storm of indignation,
as the parties stand high ia this eommaaity.
- About ten in the evening a dummy dressed ia
. female attire and labelled. "Shs IXevii JDunni
way, the family libeller," was burned in
front of Mrs. Vining's hotel whore Mrs.
Eunaiwsy wss stopping, and as the corres
pondent stepped to the door sue received a
slight volley of eggs, but retired too quick
ly to receive all that were in store for her.
Qoaru and Pacer Mines Fonnd.
s A party of prospectors, com prising Dr. 3.
.JL MoCord, Dr. Barnes, Tom. Devsns and
i B. K. Myres have returned from a trip to
1ia hoadwaiers of Cow ereek. From the
latter iientieman we learn that all are satis
fied they have "struck it rioh." They lo
cated three qterts ledges, which ware dis
covered iuear Mount Bolivar, and a number
of placer claims. It the bine gravel claims
pay as well ss they prospect, Mr. Myers says
' there is enough gravel to famish a elaim
for evec Man, woman and child in Dooglaa
ooonty. The ore from the quarts ledges will
be assayed at onoa, and the party, will re
turn shottly to thoroughly prospect the
travel deposits. Whs we hea the result
ol their seeona visit to Camp Bolivar, we
will lay tha facts before our readers.
Call and examine the guarantee which
t. with the Imperishable Mixed
J'sinta,
8. Hauiltos, Agent.
ITEMS IX BRIEF.
A. E. Champagne has workmen , employ
ed in building a new bam. :
W. J. llannon, of Wilbur, reports con
aiderable rust in that section.
The rVjar Fine Mills Company has ad
ded a planer to its mill. ,
That Faranar and Mr. Peyser sre the
fcaDDV fatlwra of aons. Two snore Inde
pendent voters, "'.
J. W, Strange, of this city, baa been spa
pointed deputy assessor, and will commence
work in this vicioity.
Some talk of the Odd Fellows of this
place trotting up an excursion to Portland
to come off about the middle ot August,
The iron foundry of Z mmrrniau St Fra
ser is In full blast, an farm-ra can now
have casting made on the shortest notice
lnR'eburg.
VVm. Carll, Eq division agent of the
California and Oregon Stage company, in In
the city, promptly attending to business.
William is a superior agent.
A waiting room and saloon has been
put up on the site of the Comstock house
I at Albany. The mall trains now psss
acl, nth ttt at Tantrent.
' , ax tui time the utmstocic House was
burned at Albany, Mra. F. Thpuison lost
a diamond rinir valued at $100. Yesterday
it was found in the ruins sli sound.
. There will be a dramatic and minstrel
entertainment given at 'Beath's this Fridav
evening, liee. Lots of fun srd no cost,
Performance commences at 9 o'clock, and
sll gentlemen invited.
.. An accident occurred at Oakland the other
day, in whiuhj a person, whom our Informs
rnt says is the next thing to an M.
came near, if not quite, being decently in
terred. ' 5
Meiers. Compton snd Strother have gone
into the mountains aouth of this city on a
prospeotuig tour for gold. Both geutleoien
sre old forty-niners, and we expeut to hear
flattering re porta from them.
JURY LIST.
The following is the jury list drswn
for the forthcoming term of the Circuit
Court : j
From Cow Creek W T Woods, David
Albro, O Cla arson, L Tbomss, farmers ; E
Handsbro, carpenter; CCheny, J A Jacques.
L D Berber, farmers. From Canyouville
Nat Mitchell, D Raymon, Stephen Cornuit.
John Weaver, John Jackson. VVm Briggs.
John Fullertcn, I B Nichols, Michael
Desn, C Ledgerwood, VVm Linvillson,
David Fate, W K Wynatt. Abner , Riddle
M A Woodford, John Stewart, farmers; S,
Marks, merchant ; James Gibos. black
smiths. Myrtle Creek J W Robinson,
Jorhua Faucett, J N Banrs, BP Smith, J
D Burnert. M C Ruckles, S M Wait, John
Bailey , Henry Wiley, Thus' Bus sell, S C
Sumner, J as Weaver, Jas Bailey, farmer :
H W Churchill, blacksmith; DSK Buick.
hoiel keeper. Do -r Creek D B usher.
J N Barker. C B Mars era. N Imb'er, H C
Flint, P Peters, John Clements. J A Hedg
path, Jef Green, diaries Smith, H lenders.
Plinn Cooper, Dan Mepiiens. W Jones,
T R Bogas Thos Beat, J R Cbeieuitb.
Singleton, J hu Lender--, Lenard HoWe,
farmers; John Rast, brewer; A G Jones,
carpeuter; C Shane, nurseryman. Mt
cott -John W Pin W C Tipton, L D
Love. D T Hmcle, D V Anders..n. K A Ra
per, C H Odeo. Daniel Welker. C Barker,
Win Trask. E WimbHrtey, K J stson. T
Sbrum, J II Chapman, L J Thornt- n. far
mers. Loikiiig(ilass Jeff.-rson Williaius, j
Erwin Blake, Robert McC.rty. J W War
ner. W H Rider, W J Alexander, J W
Thornton, Edward Morgin, Sen., R Kin-
caid. J H Ua-lin, P W Williams, Riley
Widnam, John Spauzh, John Allen, Samuel
Cbenowith, John Goodman, Roland Henry,
Jesse Gsge farmers; O U Flook. merchant.
Ten Mile-John Byron C C Mmons, TM
Ollivant. Wen Silverr. A B McCuloch. K
B Ireland, W R Weils, Levi smith W J
Swift. W H McCullough, A A Peri. J W
Simons, farmers.
:. -rx? .. ...
Gone to the Mountains.
Several of oar citizens and their families
sre about to start for the mountains, new
that the warm days of Summer have came.
i'liere is bo better place in Ore iron where
a trip to the mountains can be better enjoy
ed than in this connty. Game ia plentiful
sad all latere ia seeded to secure it is s fair
marksman, and, as to fish, all that ia re
quired to fill a basket in a short time is a
pole, line and nook, a few gawhoppera, and a
man to work the pole. The sportsmen of
Portland should visit Kostburg durinjr the
months of August snd September if they
wish to show their skill in trout fishing snd
deer hooting. . To thes all we aay oome in
welcome.
School Funds.
From W. T, Wright, County Treasurer,
we learn that there srere notes outstanding
in this eonhty to the amount of $35,708 93
July I, 1870. The amount of money receiv
ed durinir the year from the irreducible
school fund loots up to $8,221 42, and the
interest on the same, $'J,6i'i 67. Ihe
amount of common school fund apportioned
among the districts of the county for the
year is $9,378 06.
A Good Man Gone.
Last Wednesday, Joseph Wetterer, one
of the oldest citizens of Jaokson county, died
at Jacksonville. Tha deceased was a nobis
hearted gentleman, a true and exemplary
citizen. . All who enjoyed his acquaintance
knew him to be au honorable man, and all
loved him, tor no oue oould help doing mt.
Poor Joe, with the hundreds who mourn his
loss, we oan but deeply deplore his
death His remiinS ward buried by the
Odd Fellows, of whiuh Order, as well as that
of the Ked Men, he was a member in high
standing.
Running the Business :
Mr. John W, Moore haa now control of
the saddlery and harness store of E. M.
Moore, snd with a fine stock on band is
prepared to supply the tiade on the' mat
reasonable terms. John is a fine workman
and his advertisement elsewhere will ex
plain all other rustlers. We wish him
success.
Change of Business.
Mr. Joseph Lehnher has purchased tha
Interest of W. W. Hall : in the restaurant
opposite Marks A.Co.'s ola store, snd keeps
the finest restaurant in the city. Joe ia one
ot Rosnburg's boys, a genial good tallow,
careful in business matters, a capital land
lord, and will treat all well who give him
a call. Go and try him.
Severely Injured.
' Mr, King, the builder sad cou tractor,
was thiown from his horse Monday morn
ing, near this oify, and severely injured.
For tha time it was thought be was so badly
hurt internally that he would die, but un
der skillful treatment he ia now recovering.
Installation.
The following gentlemen were ins1 ailed
as officers of Colon Encampment No. 9
lust evening (Fridsy) by D. 8. K. Buick,
Deputy District G. P John Nicholas C.
P.; Win. B. Willis 8. W.: J. M. Smith H.
P.; J. R. N. Bail J. W.; L. Belfils Scribe;
S Cohen TreaS.
Cavalry Horses.
Wss. Manning and Stephen Booth have
arrived in th s city with thirty-six cavalry
horses purchased in Jaokson county for the
Quartermaster at Vanoouvea. The horses
are fine animals. We are pleased to meet
our old Jacksonville friends.
Gone to the Coast.
Sheriff Hogan and family, aoccmpanied
bp Miss Maggie Fined, Wednesday morning
started for the ooast near Coos Bay. Mr.
Hoirsn will return shortly, but his family
will remain several weeks. .. .
Morrell's Minstrels.
Base burg will soon have a minstrel prar
formaaea, MorreU's California minstrels
a fine rrcmpe are headed this way from the
Soath. They pwiotot in Jacksonville to
ight,
RED HILL ITEMS.
Base ball is In full blast.
leadore Bice and family have gone to
Pass creek to gather blackberries.
Mr. James Cole will soon unite in the
holy ban is of matrimony with Miss Jeonie
Pile Sacks. -
Frank lU-ed is visiting Icdies down tn the
bend; not the Grecian Bend, but the Mo
Colem bend.
The pupils of the musical hall at Scab
Fiat are progresing rapidly with Piof.
Marsh teacher.
Mr. Orlando Kice la salting his larg
crop of hay, for the nrpose of feeding his
large band of cattle.
Mr. Psttersoa Parker, late of San Fran
cisco, has settled cn Owl creek la Scab
Flat, where he intends to raise stock.
Mt. Smokey Hill has sold ont his sheep
ranch in the Yellow creek mountains and
l ow is hurrying cattle into Spoks teg.
Mr. John Deboy. of Spoke Bag. has the
fines: crop of oats known in the ioctlity.
He has cut the third crop snd there is a
possibility for the fourth. -
The hunting party, with Mr. Isadore
Deboy as chief, returned. Tue chief slew
one large spotted fawn, weighing two and
hall pounJs. rjPut it thsr, pard.
Mr. ?. fbiler has finished the data which
will run his potato market. He would call
the attention of the public that he is now
prepared to furnish the entire universe
with canned potatoes.
PATTERSON'S MILL.
James Tipton Is very boay repairing his
bull wheel. ' '
Our postmaster has laid aside his leath
er breeches, v .
Father Lively is very badlv crippled
front a severe niasb. he received on his
great toe.- '
John Livingston has tsken a trip to Coos
Bav. We wish him a tleasant tr p and a
safe return.
The Blue Ribbon boys adv'se every
body to join the club, for whisky is scaice
bout J. Tipton's saw mill.
The boys sre all happy now. There has
been a Blue Ribbon Club organized here
since the 4th. Sam Cameron, Cbas. Briggs
and Joe Reed are the leading members of
the clni.
Father Britt is making preparations to
turn the Unipqua river orer 'he skid road
in order to losen the dirt so he can take the
skids np to prevent James Tipton from
hauling logs over bis road.
Mr. M. Tipton and lady went riding a
short time ago. and as was supposed by
some of the young men, he was trying to
get ahea 1 of them, lie threw his wife out
of the hack and came very near breaking
her neck. But Sam Cameron thinks it
would be useless for him to kill the old
lady, for he is ahead of him yet.
COTTAGE GROVE.
Farmers are haying in this vicinity.
We had several lite'ht showers of rain
last week.
Wool passed through this market st
23 cents per ponnd.
The Cohansey Fruit Jars, the best in tha
market, cheap st S. Hamilton's
E. W. Whipple A Bros, are doing a
splendid business in the line of merchan
dise.
The drug store, Mr, P. Veach, proprietor,
will be opened Very soon with a very fine
assortment of drugm, also cigars, and stsa
tionery. We hope with Mr. V. success in
his undertaking, and hope he will do a
splendid business.
Mr. R. L. Shertly, lintel Keeper, has bad
his bote repaired and fitted up In latest
and best style. He is now preparea to
give his patrons all the convenience they
may ask tor.
The Independent, by those whs have
seen tue paper, claim that it is the best
newspsper in the county, as it contains the
most satisfactory news'.
OAKLAND ITEMS.
Jacob Koeeniein, ol Roseburg,
is now among us. , '
Dr. Nrris Cox, a dentist from
Portland, ia in town.
'There was no preaching nt
Oakland last Sabbath.
E. C. Sitcry has qualified as the
Justice ot this prci net.
The roads within tbe city limits
of Oakland are iu bad order.
Maitd. the jeweleiy is still on
his tour of pleasure and business
Mr. MuUalaia p nd family are
visiting trieuda in this corumuui-
Mrs. John Mires has returned
from an extended visit in Eastern
Oregon.
George, the shoemaker, is around
once more. All are glad ot his
recovery.
Dr. Redman, one of oor city
physicians, speaks of going to
Eastern Oregon.
The cinnabar rrifn have struck
it, and are greatly elated over
their rich prospects.
' Few men are happier than
Prof. White, who now wears the
smile of a kind father.
Prof. Wah, of California,
spent several days with his
friends ia this locality.
- Mr. H. Cole, the energetic and
gentlemanly teacher, ot Yoncatla,
paid us a vieit during the week.
Farmers are' very busy haying
and wagons may be seeu soming
into town every hour loaded with
hay. : ,
Miss Hattie Brown, of Elkton,
neice of Mr. A. F. Brown, is vis
iting her relatives aud trieuds ot
this place.
Mr. II. D. Young, ot Myrtle
creek, passed through Oaklaud
Tuesday, on his way to the bunch
grass region.
Mr. P. Bhupe, brother ot John
Shape, oar highly respec ed
townsman, is visiting his rela
tivet at this place.
Dr. Parker, ot Canyonville, son
of Hon. F. C. Parker, 13 visiting
the home of childhood. The Dr.
is pleasant gentleman.
Considerable sickness prevails
in the vicinity of Wilbur. Drs.
Page and Venable are both em
ployed to relieve their sufferings.
Mr. F. Floed, our genial friend
and the accomplished editor,
returned to Koaeburg where he
assumes editorial control of tbe
Western Star.
'Mr. J. C. Shambrook, our es
teemed druggist and well accozc.
phshed gentleman, trill :. attend
medical lectures at LoaisTdls,
Ky. Success will crown hi ef
forts. .
It Madam Rumor be correct
one of our mercantile men will
soon take unto httmeit a lovely
wife. Ameu! air friend. May
thy life be owe ot joy and un
speakable ha pptnss.
: One c-f the neatest specimens t
work ran nsbip in Oakland is a
bird vit, re made by that master
median: c Mr. L. A. HitnctuHrv.
lie is truly an expert in the tue
t-haiihal art.
The inspectors of tbe ci'v elec
tion met Wednesday last, and ad
journen to again convene
... . -
on text Monday, when the II un
Ii. r. Littne and if. Ueroiaun wil
be present.
Fellows tfempound of Syrup cures sstb
ua. loos f voice, neuralgia, St. Vitus
Dance, epileptic fits, whoopins cough.
uetyousnbSS. and is a most wonderful ad
junct Mt other retnrdit-s in sustaining life
during Die brocess of Uiphtheris. Bold by
ail druggists.
CAjLAPOOIA NOTES.
Uarve8tU3g hu commenced.
Whooping cough is raging in
this vicinity.
Mps. J. UL Mirea has returned
from a visit to 8'aton.
-.'. m
t&. S eiihens is improving his
already handsome tariit ii the
way ol plank fences.
. Rev. Clvce . holdtas a protrac
ted meeting at the Lower Calu-
pool a echool house.
Mrs. C. O-. Durling is quite
sick, but under tbe enre of au t-m-
M. D. she is recovering. .
oome ot our tarrrers are com
plaiuiug that tbe rust has struck
their late eowu wheat.
II. J. Cole, who has bee u so
jourtntig at Voticalia during the
past tour mouths, has returned
looking hale and hearty.
Jamea Liisley, a younir and
highly esteemed man, ot this
place, xiit soon take bis departs
ure tor the falouae country.
G.'.W. and J. A. Stephens have
ten acre piece of wheat, that ts
thought by ex p tit need farmers
will yield whott cut and threshed
fifty nushels per acre.
The Calapooia Sunday school,
under the efficient mauao'taet)t
of Mr. A. Bruniier, is a flourish.
ii; K condition, snd his an average
attendance of about forty.
UMPQUA FERRY.
W. B. Snrsgne haa one of the
neatest and handiest barn- in this
r.eett.n. All who wish a smid
model should not fail to call and
e'ee his..;; .
F. Portin raised his, lareo born
last Monday. It w as built by Mr.
R. L. Crawfill and undoubtedly
proves that that gentleman un-
derstauds his bdeiness.
Tbe Hubbard ereek saw mill is
tuniin out large tots of fine and
excellent lumber, but the demand
is so gnat and is increasing bo
fast that l hey cannot supply the
demand. .
The Umpqua Fect l miuitrttls
give regular pertonnanccs and
we think that as talented a troupe
cannot be found in Ihe State.
The citizen of this place talk of
bestowing a large gift on them.
We have a man. on Hubbard
creek who would like to write
terns for some ot the county pa
pers, but the reason be doc? not
he is afraid that they might meet
with a fate likewise unto the ones
he sent recently, which the editor
consigned to the waste basker.
Harvesting in this vicinity has
already begun amongst the far
mers win) use reapers and bind
ers, ihe Leaders win tot start
until three'-weeks yet. Mot. all
the crops will be a great deal bet
tee this year thaa lat if th:s cool
weather does not rust the grain.
AM ATTEMPT TO BULLDOSE.
X. i . Z., alius J. F. Qhzley,
has written a fine(?) communica
tion in this week's issue ot the
Star. Since Gazley's pleasing
but deceptivestory to tbe Canyon
villa squaw, we doubt: if he haa
ever told a soioother and more
pleasant appearing untruth. That
the Canyon road, under the old
management, was an eye-sore, is
only equalled by tbe stories related
to the marines in Marryatt's ex
travagant novels, and sounds like
(as a Salem correspondent relate)
the argument made by the old
kittle-belly before, the Supreme
Court on the 15b instant, claim
mg that an agreement with tbe
County Court would justify ihe
erection of a toll gate and the col
lection ot tolls upon property to
which a vested right had beeu se
cured by a prior corporation.
Tbe road has simply been repair
ed by Fink & Gazley to tha
amount annually expended' by
Ihe old company each separate
year to keep the road in g od re
pair, and amounts to cents in
comparison wrere Willis & Abta
haru have spent huudreds ot dol
lars in building the road which
Fink k Gazley have tor u few
montne Kept 10 good repar.
Why such false statements on the
part of Mr. Gazley is easily seen.
It would be something m his fa
vor could he make it appear to
the Judges ot the Supreme Court
that be aud Fink has been labor
ing and self-denying and hard
working servants of the traveling
public ! If Gazleys ever did any
thing ot this kind ever worked
for thepubh? without pay there
tor, we want o know it. We
want an item ot news to surprise
the people just now ! And. as to
Fink, he is constitutionally op
posed to work in fact, born
tired.
So far as the truth is concerned
thousands ot dollars were spent ot
the building and repair of the
Canyon road by Willie & Ab.a
bam four months before ; the idea
Af stealing the road ever entered
into the minds of Fink & Gazley,
aud the road ha since been kept
in repair; and there waa no grum
bling done by tha traveling put
hu, or Any one el-e, until Gazley
& Fink a second t:me attempted
tt ' steal the road. Then the gruni
b tug waa done by teamsters who
regarded the two named as pubs
lie and private rohburs, and pro.
tested again t what they regarded
as downright robbery.
It is 1 rue Gazley has . taken
Judge Mosbcr's paper for his
- mouthpiece, and only in this we
do blame him. . It has been said
t more than one party that they
need 1 uttake snuff to have sotm,
one else ene ze. In this much, kiiu
in tbi alone, is X. Y Z. realij
trntl-tul. Even in this ease there
is yet a chance t r a shirt, bhiuket,
or sack ot flour to be misstug.
OPINION OP JUDGE WATSON.
Iu' the Ciruuit Court of the State of Oregon,
in and for the Count of Douglas : The
OmiyouTille sn 1 Oulesville Koad Coim-
- pany vs. H. W. Htephenaen et si; apjjeal
from t'ounty Court. .
This action was commenoeJ in the County
Court of IXaiglaa county, ana kt the trial in
that court plaintiff recovered s judgment
aifainst tne aeteaaants lor oue nundn-d dol
lars and e sis. From that judgment dV&ud
ante spptMilud to this eoort. At the October
term. 1S7S. of this oourt, defendants anolied
to the oourt to change the plaoeof trhtl npon
the ground that the judge had formrlj
beeu a uounset in the eontrpterar out of
wuiun una aurion arose. 1 He sDoUoatiou
wsa granted aud tha place of trial ehanged
to aUrioa county. lrendauta fsiled to
tile the tranaoript ; , in .: Marion
county within . ; the time : pmoribtxl
by law, and a motion baring been filed
by plaintiff to vacate the order, ooafsssnl the
Motion, wbloh was alluwed. tt'A rKulr
May term. 1H79, of thai oourt ths uoosti
coming on to b.! trind, both parties in epen
oourt waived a trial by jury and consented
tnat tne Issues anoold be tried by the court.
I'bs court haviuir btiard the eviiuuciH n.
iiuued tits cause uutil June 20th, for argu
ment, ani having on that day heard the ar
gument took the cause uuder advisemenr.
1 be complaint alleges aubstautiallv that
at the time therein charged, plaiutiif waa ths
owner and in the enjoyment of a toll nmd
aud franchise to collect tolls thereon, run
ning throNgh what ia known as the canyon
iu the southern pai t of Douglas oouuty;
that a portion thereof waa a public road, and
that plaintiff had an aa-reeiuent with the
t'ouuty Court of Douglas comity snthoris
iujg it to inaiutaiu a toll g-ate and oolloct
to. Is for travel ou said road.
It further lleirns that defendants wronar
fully and unlawfully, entered upon said ro.d
aud erected and maintained a toll gate
thereon, ami deinaiid i aud received thereat
tbe tolls fut travel on said road. That
plaiutiif was thereby preveuted and hinder
ed from collecting or reoeiriujr its tolls at its
gate aud was damaged two hundred dollars.
JXf udauts iu their answer dear specifi
cally eaoh material alleai ion in the com
plaint, aud in additi. a to these denials j un
ify by elleirui th.it at the time of thn al
leged wrongful iuterferenre, the Douglas
Oouuty Koad (.'ompa iy was tha owner of
the toll road in dispute and had a v-lid
agreuroent with the County Court allowing
it to uolteo; tha tolls fur travel thereoo. fhat
at the time charged in the eoinpUint, W.
a. atephenson was the toll KSte keeiMr and
the other defendants were tbe directors and
officers of tl.e Douglas Couuty Jload Coin
pauy and that all the acta done by them we.s
douo as Scrv tots aud euiployees of tha" com
pany.-- -
flaiutirT for its r ply, after denying all thv.
new uiattr set up iu theauswer, allrires that
be Couuty Court uf DouubM county bad
rescinded the contract made by it with the
Douglas Cunuty Koid Company. .
fortunately there is out little question
about the fauts iu this coutr jv-ry. Fur
more than tweUly years before the incorpo
ration of either uf he rival curporationa.
whu b are the real KtiauU iu this case, a
road h.,d beeu travUed through the canyon
in substantially tbe same direction as the
road in dispute, ihe travel upon (hat route I
had changed so that the road in dispute va-
led in places from fifty to three hundred
yards fiora the road originally traveled. For'
tbe greater part of its route thedispoted road
ruus turuugh unsurveyed public laud of the
Liuited btates. buustantially these sets.
except that the road ruus through uusur- j
veyed land b. louging to tha United States, !
Were presented to thedupretneCoartof this
State in the ease of the Douulaa County
Koad Company vs Willis & Abraham re
ported iu 5 Oregon, 5 18 and the m ijority
of the court held that they proved the ex-
isteuos through the canyon of a public
road by prescription.
1 do not regard the fact that the land was
unsurveyed publto laud as material.
W nether or not a dedication can be pre
sumed agaiust the United btates, there is
now iu force a statute of tbt United states
giving tbe right of way for roads t the pub
ic
I regard the decision in the Douglas Coun
Koad Company vs. Willis A Abraham
as Settling the question that the road in dis
pute ts aud was at the tune of its attempted
appropriation by both parties a public road.
ine roaa in dispute twiner a nubliu n ad.
the controlling questiou in this ease upon
w men its aecuuon must depend is :
What rights, it any, did tbe plaiutiif aoauire
therein by its pr or survey and location and
adoption of the publio road as the definite
route aud location of i'a roedf That it did
so some months before the incorporation of
the Douglas Couuty Road Company oanuot
be queitioned. Vi lietb. r it oould locate its
road upon the public high ay most depend
entirely upon the ooustmution of aeotioua -(5,
27 aud 2S of Little, 2, snd sectious 52 of Lit.
tie, 8, ot chapter 7 of the Lreneral Laws of
Oregon.
beution 6 provides that whea it shall be
neomesr) aud convenient in tbe location of
any road described ia tbe Act of Which it 1,
purtiou to appropriate any part of anv pub-
it road, aud the County Court is authorized
to agree with the corporation constructing
the road upon the terms and ooudiiions upon
which the same may be appropriated or used
and occupied by such corporation, and it
such parties shall be unable to agree thereon
sncb corporation may appropriate so much
thereof as may be oonveuieut and necessary
in tbe location and construction of its road.
Section 28 provides that when the appro
priation is by agreement with the County
Court the corporation mav place euuh rotes
upon the road and oolleot euuh tolls thereat
as is provided by the agreement, and thp-t
when it i porta. na'ed without an airree-
it shall not place anr sate or obstruc
tion ou the publio highway nor collect any
tolls trom any person traveling thoreon.
Ana statute rtooKnues an aDOropriation
with tB3 consent of ths County Court,
and an appropriation without its
consent. 'Ihe only distinction is
that in one case the corporation may collect
tons lor travel upoo I lie road, and in the
oilier it cannot, bection S3 clearly recog
nizes the principle that tbe survey and se
lection oi its route by a corporation ts an
act precedent to any approDriatin of the
ight otj way over the lauds of private per
sons, ft seems to tne thati by a baritr ot
reasoning the survey and selection of its
route ntast necessarily bean act precedent
to its appropriation oi anv nart ot ths nubs
lie road. Uutii lis httrvev and selection of
it route how can it be determined that it is
necessary or convenient to appropriate aay
part of tha public road t
1 hea it it may survey and select and lo
cate its route without first obtaining tbe
consent of the County Court, d' it by
such survey ard selection acouire any
rights which the County Court is bound to
respect!
After a careful consideration of ths Stat
utes I have arrived at the conclusion that
it does. Ths law clearly authorises it to
enter upon, snrvey ana select before any
agreement. It farther allows It to appro
priate with or without an agreement.
1 am of the opinion that the snrvey and
selection oi its route over the public b igii
ay gives the c r poration a tested right to
appropriate the highway, with an agree
maut with the County Cojrtas tot lie terms,
if the parties agree; wt'bout such agree
ment, if they do not agree. The roads In
the eon nty do not belong to tbe County
Courts. They cannot give them away to
this corporation or that, according to their
caprice or lavoritism. They are authorised
to agree not with every person or corpora
tion, bat with the corporation which, iipon
a snrvey and selection of the route,, of its
road, has found it conven'ent and necessary
to appropriate tbe public road When
there is a- conflict between each corpora
tions thst corporation which has first ac
quired the right to tha mate by its selee
tion and survey, is entitled to apiopnate
it-not as a matter of favor front the Connty
Court, but as a matter of righw Any other
construction would work a hardship on
tha prior corporation. Tha anr vey and se
lection of it roots involve it considers'
bio expsnss and trouble, and It would be
vry aajsss after it has IncnrreJ this ex
pense and ha tirrm commenced tue cons
struct ton oi its road tbt tne Coanty Court
to deprive it of ail advantages cslasd fey
handinir tbe road over to a new corporation
suoetqnentijr lorated. y'
Wt.iie 1 have not been able to Bad
any
antuonties aireutiT bearing on tbo qm
tion. these bearing; on tlieqoesilon ot the
riglit acquired by a corporation by iu
survey and location to appropriate the
lands of private persons, are at least analo-
gous. snd they fully sustain the proosriou
mat oy such survey aud local.ou tbteorpt,
ration acquires vested rights to aiiptopri-
a e the ngbt of way over such lrnds which
is p. open y, and which cauuot be divested
or tsken without Cum probation, and CiuirH
oe given to at-utiier corporation. 4 Cush.,
497 ; 1 Oray, 840 ; 16 Curtis U. sf, 793 ; 28
Cat., SSS4.
It is claimed by dilrndents. that
wneiher the Douglas County Koad Com
pany bad any rihl to uiaimaiu 4he gale
inoispute or not. tbe company ts respou-
stble, aud that tli. y heing merely its s-r
Vauts and etooloves. are not resuonsible.
Tue first part ol the proposition is Correct, I
out not so tue last.. . vvt e tbe principle
respondent luperior renders tlu masv-r lia-
uie tor the tortious acts of uis servant in
c -rtain eases, it does not no so fsr as to dis
charge the servant from liability tor such
ao a. Both are liable.
borne other questions of law were dia
cussed at the trial, but those which 1 have
ouusid-red are alt which 1 deem important.
it lullows that upon tue facts found by
tue Couit. piaintin is euti'.led to judgment.
liated July 15, 1S7
J. K. WATSOS. Judge.
In Town.
.superintendent iiianai ana ex-
uovertior iJbauwicK ainvea in i
this city this evening trom IWt
t - m "' - swa . - .
una. Air. urnum is tne eauid
indttatigable worker tor which It
has always been known on the
coast,' and is arwaja attending to
business.
. '. Vtw Depnty Fawtinaster.
' Mr. Aaron Arrington baa bern made depu
ty puatmaater, occupying the place heretofore
ouea oy jeo noore. Mr. aioore will take
the place as clerk in Mr. Josephson's store.
Gone to Portland. -
Mr, A. Harks left fur Portland Tuesday
morning, and will probably return this
(Friday) evening. His trip ia made in the
interest of thj firm of which he is the man
aging member. -'
Went to Josephine Connty.
Mr. Thos. RedSeld, of this county, was
married at the residence of the briJe s par-j
euts, Kerbyville, to Miss Netta Davis, on
tns om last.
Jackson County Wool Crop.
It is estimated that the wool-growers of
Jackson county will realise ISO.UOO from
tbeir Spring dip of wool, whiuh is re, o.t.d
to be of au extra qoaity.
Airs- Duuiway's Appointments.
Mra. Dunoiway will 1 nature at Galesville l:
on the ir)tl., 26th and 27th. at Canyon vi He:
Z9tn, at Jayrue Creek.
Lime for Sale.
Flint & Son have the best of lime fot
sale at bed-rock, prices. Parties wishing
the tame will find it to their advautage
to call on either A. It., or S. C. Flint, I
Koseburg.
Chrs. L. Mosher, we sre informed, has se
cured the Benton Democrat, and will here I
al ter publish ihat paper.
20,000 POUNDS
OLD CAST I HON "WANTED
AT THE
KOSEBURG LrtON FOUNDlty.
Good Price paid. Old Iron taken in exs
change for work.
GO TO 8. HAMILTON'S
HE 7 DRUGSTORE
FOR .
Drutrs, Paints, Oils, Varnish, Window and
Picture Uiass, Stationery, Perfumery,
ifyouwishto purchase them cheaper
than at any place south oi
PORTLAND.
S. HAMILTOH
Wonld announce that he has spar, d neith
er time nor money in selecting a s ock and
fitting un a store. Purchases a I stsple
drum in New York for cash, thereby se
curing the lowest prices and finest srticles
and keeps full lines of ' ; - '
Gtoth, Wat p, Mall & Testti
Brushes, Paint, Whtt
Brush?,
Windsor -and Nrwtons tube colors. Win
dow and Picture fi lass, every size, at
Lowvst Price, by box or pair. Blank
Bo 'ks, Writing Paper, envelopes, pens.
All new Patent Medicines in stock ss
demand will warrant. OLSS CUT
TOOKDEK, free of charge. Agt-nt for
THREE MIXED PAINTS
The celebrated and thoroughly tested PA
CIFIC KUIvKKK PAINT, The 131
PKK1SHABLK PAINT, and The
ENAMEL PAINT. Agent for M.
Cray, Music Dealer, rian Francisco.
Prescriptions filled with dispatch, at the
lowest rates. Store is accessible at right
window on back street at all hours of the
night, Kemember tht place. Brick build
ing oppoute Metropolitan Hotel, ttoseonrg.
Oregon.'." ...... : ; .. ...
LUMBER! LUMBER!
' : " ' i " "
MOUNT SCOTT MILLING COMPANY
J. fl. ROWLEY,
WOULD ANNOUNCE TO THE CITI
sens or Dongtu connty and vicinity, that
he has pu.ehased an interest in
Tra&te'a Sawmill,
' On tha ;-
NORTH UMPQUA !
And has taken '
FULL CONTOL OF THE SAME.
He has had 20 years experience In ths
business of lumber-making, and guaran
tees to alt customers perfect satisfaction.
He will deliver all kinds of
DRESSED AND PLAIN LUMBER
At Rnsebnrff or elsewhere cheaper than
can be purchased from any other mill, and,
all orders will be promptly tilled. Con
tractors and builders will find !t to their
advantage to inquire for terms and prices.
He is also a nraciica' architect and build
er, and all having such work will be bene
fitted by calling upon dim oetire going
eiswbere. i. at. huvvl.e.i.
AT OAKLAND.
MANNING & VANWINKLE,
Old and eiperiencd blacksmiths would
announce to tbe people of Calipooia prw
cinctand tbe traveling pnblie thtt bare
opened a blacksmith shop st Oak and.
TiJey have all materials found in a first
elass establishment, a workmen of maav
rear a experience, and rel jnstifted in ay
ng tbey can do AVY WOUE en
trusted to their care wub neatness and up
on tbe shortest, notice. ,
MORSE SffOEIJfG A SPECI
ALTY.
Give tbe linn a call, and they will never
send from tbeir shop a lame horse, and
prove to patrons tbat a shoe well pot on
will last a horse longer than will a boot
on a man, aad be twK ss eomfonabie.
TABM MA CIIltlERT KHPAXHD
la a paraMnent aaaeasr aad satisfactory to
patrons. Ia this line ws propose to do
work cheaper than the cbeapast.
I
V
I - 1
1 pj
In All Prices for the
AND
dimmer Trade
At the
Q14 atatSrCSJltild SOXLSd Of
FLOED & CO
would announce that we are in
' .1. -
Receipt of oar
NEW STOCK
i of
aDa&S GOODS!
;
For the Spring and Summer Tiade, Com
prising all the Latest Novelties in that
Line, Including
Stack 4 CQtorecC Cas-ft-
SILKS,
Black Velvets,. Sattes,
(Lawns, & Ortn Fatten
Suiting?, Ladtes' & .Clos
es' GEores. Gersets and
Kosfepy, Underwear, La
ces tmBrotart?. Etc.
Our 8 lock of Domestics snd
HOUSE FURNISHING GOODS
Is Larger titan Ever Belors.
In Gents' Furnishing Goods we bars a
large Assort men of
FINE DRESS STITS. ELE
gant Summer Suits, Neat Uusi
ness Suits, White and Colored
Suits, Hosiery, Hats, Gloves, Tie..
Bows ect
WE KEEP THE
BEST GOODS
Tbat can be ob.ainsd tn tbe San Fiancisco
Harket. Our Stock of
Groceries,
Cannot be excelled. In tblslino we "have
an Immense Assortment of
Crockery, CJlassTraro and
Cutlery,
Also Sags, Teaa.4 ffee. Staple Groceries
Our prices are LOW. Call and sea for your
selves at tbe old stand.
JXFLOEMCO,
ROSEBURG, DOUGLAS CO., OREGON
ESTABLISHED. ... .............. .1855
Pioneer tablishxnent
THOS. P.SnEZLXDAZT.
The first haidwaie dealer la Umpqaa -Valley,
ia the Brick Building,
HAS RECEIVED. AND IS NOW REs
oeiving one of the most complete
stocks of '
UOOXjPARIM OFFICE
STOVES,
Of the Most Improved Patterns ever re
eeiveu in this city.
Aad besides bss tbe moat complete stocit of
General Xlardware,
AaJ manufactares everything la tba line of
TIN, SHEET-IEON & COPJJEEWARE
Ia a wo.kkmaalSke maatier, and ea most
.XKssoriikiu t -rrna.
Always oa haai, aad la tjautUJes to wii.
mmsm sassssasafcig 1 1
GREAT AICNOUITC
HWING JUST ARRIVED
one of tha larcext &ml hftf
. . - 0-
Ever seen in Roseburff. I respectfallv lnTite ihe ptiblic to como iz-
examiue the Price and Quality ot
LADIES' DEESS GOODS
OF ALL
INVISIBI: PLAIDS
JLUxsH jf9 BETS OTJXCr
Embracing all tbe Latest "Novelties in the San . Francisco Market
Ajso Everything else appertaining to Ladies' Wear.
ALL KINDS OF
Piques. Brocaded Linens. ?lzZr.
Itincn,
A. 1 ' .
And every variety of Dress Good fmud in a first-class Dry Goods
Store.. .
EMBROIDER ES,
The Best and Cheapest ever imported to the City ot Roebarg. ,)
READY-MADE DRESSES-
yaf ALL SHADES OF CASHMERES
Laces, in al Colors & Patterns
FLN EL PRINTED LAWNS,
Ot all shaded, Ladies' ani Misses' Samraer . Hats Latest Styles
trimmed and uDtrinuued. Ladies Wbt.a,-.d Bmwh Miades, liirds
eye Derbys, Leghorns, Asssorted Hlm eta, and all other late btylea.
L"adie' Shoes al! varieties. Kid, Cloth, Leather, Pebbl Goat. Also
same quality iu Misses' and Childreus'. sizes.
A FUrX
Genteman's, Youth's Boy's
CLOTHIWC,
All new' paterns, excellently finiphed, and the cheapest ana
ever offered to the Roseburg trade. In this lue as well a
others, I defy oippetition.
These ara onlv a few items in tbe stock I
there ia enougti else to engage your attention for an satire day. - M. JOaEPflaON .
"W. G. WOODWARD
AOKXT FOB
AND DEALER IF.
HARNESS,
SADDLES AND BRICLES,
And All Kinds of
fitore on tbe C-rnnrJ across froqi Marks'
Warehouse. . V .-.-
My stock Is complete ani new. the best
and largest ever broujr t to Rusebnrn;. : I
a in prept red to fill sll orders at prices to
defy competition. All work warranted
Farmers especially ate reqaeaus to call and
examine my stock. W. G. WOODWARD.
SCHULTZ Sc. VON B ARC EN,
Importers and Dealers ia '
FOREIGN & D0?J!ESTIS WV.tt
LIQUORS ANI BRANDIES,
Also Agents for tba
CELEBRATED BOURBON WHISKY,
S. E. Center Ft and Cal St.
SAN FRANCISCO. CAL.
ReDresented bv CHARLES EOBN.
WEEKLY LINL of STEAMERS
SA1T PEA17CISC0
' FROM
COOS BAY
AE04TA
CAPT. 0. BOLT. ........ .COM M ANDEB
CAPT. CHAS. BATLER.. COMMANDER
For Freight or Passage Apply to
FRANK BARNARD ft CO 8 1 3 JACK
SON ST., Saa Faajrfaoo. .
: OR ' .
FRED SCHETTER, Empire aty.
IXPORTANX tfOTCE,
AU parties knowing themselves indebted
to the firm of Wright k Carion, In the
livery stable 1 aslnexe, are hereby notiSnd
to make immediate settlement ny cash or
note and thus save costs. This ts tne last
notice. WRIUHT CARLON. .
June 14. 1879.
j.j cnux.su,
Practical Watchmaker and Jeweler,
DKAXE&Ur .
WATCELS. CLOCKS FIXE JEWELRY
Watches, Clocks Jewelry Repaired.
JIB s' T-" wis""1""
OSca with J- W. Btt.g, EosebttT, Or..
... r s
FROM SAN" FDACISCO
anHHTtaA afneka f
. .
my large supply of
QUALITIES,!
LATEST STYLES.
LITIE OP " ...
brve purchased. Come ard see th otber
R. Brackenridxe & Robt. Easton,
Opposite T. . P. Sheridan's Hardware
Store,
ROSEBURG, OREGON.
Mantle pieces tna!e from Italian and
American, marble monuments, and tomb
stones, made to order, and first -class work
warranted tn this line. Anything in the way
f sinnttoCtming promptly performed, and
all arders promptly fitted. . Always a fall
stuck of marble aad tUr stone on hand
and in case of any repair iu this line in tbe
shape ot billiard tables, etc., satisfaction
will be guaranteed.
R. BRACKENRlDaE ROBT EASTON.
Notice of AssignmentT""
TTOTlCE IS HERKBT GIVEN THAT
11 C. )hen. merchant of Rost-burff.Douga
lss onarty, Oregon, did, on the 23d day of
June, 1879, assign to tne ail his property,
fimbe benefit t hi cred.tors, iu propor
tion to tbe amount of tbeir respective
claims; and all of said creditors are r
quiivd to present their elaims-within three
montbs from said date, m tie andersigned,
A Roseburg, Douglas county, Oregno.
WM. R. WILLIsI, Assiosut.
Ja.S. THoa.NTO!t.
W. H ATKrKSOH.
JACOB WAO.VK8
K. K. SJIOBBSOn.
ASHLAND WOOLEN MANUFAC
TURING COMPANY.
Manufacturers and Dealers in
WHITE & COLORED BLANETS
Plain and Fancy Cas'iimsre's, Doeskins
Flannel, etc.
, ALSO .
OVER and UNDEARWEAH, CLOTHING
.jr. : Made to Order. v-'.-,:
Secy
ASHLAND. Jaokson Coonty, Oregon.
Successors to
JOHN C MORRISON, JR.,
Importers and Wholesale Dealers ta
S16 SacrameBtoaod S21 Coruuierci&l St.
BETWEEN FRONT AND IUTTE2Y.
Saa Francisco, California
Ts JV
isiox-r,
)pjK9"ta T. P. '.- -Mt't '
V
Pi
I i
-I