.ml. it u. .j.tt. a vmrnBtimHammmmims
j)c Jribcjpbent
HATUKDAY.
..OCT. 55 1ST3
RESOLUTION OP ENDORSEMENT.
rTFJtKXS, the Dodolab Ikdepekdext,
a newspaper published in Roseburg, has
been published In this county for the period
of three years ; and
VVhkheau, said newapapsr Is now well
vrtabliehed, and during a three years' trial
it has faithfully served the interests of the
producer and tax-payer ; therefore be it
Rendted, We; tbe member of the 17 m p.
?ua Orange No. 29, do Rive Thb DOUGLAS
NDRMcwnKSTour unqualified endowment,
and would recommend it at a newspaper
worthy the patronage of every farmer and
tax-payer In Southern Oregon.
1 Jit ko. w. johes. Master,
J. P. Dcncah, Secretary.
, TO ADVERTISERS.
The DOUGLAS" IA DEPENDENT
Iras the largert circulation of any
paper pcblirhed in Roseburg In the
counties of Douglas, Jackson and Cook,
and w ill furnish the proof of onr asser
tion when demanded by responsible ad
vertisers. KELLY & WELLS.
CANNOT DO WORSE.
The taxes for Josephine county
this rear, we are Informed, amount
to thirty-five mil's on the dollar.
Josephine county, since its organiza
tion, has hardly known anything
else In its government but strict party
rule and management in county
affairs. County warrants cannot be
cached for more than 63 cents on the
dollar, if for that much. Douglas
county was similarly cursed for
time,and during that time we suffered
from a blackmud swindle of $13,000
and tbe peculations of a ring which
blunged the county heavily in debt.
feat just here the people took the
matter of county government into
their own hands First they elected
an Independent ticket, and the county
indebtedness was considerably de
creased. Then came a term of old
party rule, and with an Independent
County Judge the indebtedness be
came smaller. Now with Inde
pendent county management the debt
is wiped out, taxes are but 21 mills
on the dollar, county warrants are
worth their face in hard money, and
next year the county will be run at an
expense of only 15 mills. Would it
not be a good thing for the people of
Josephine if they would copy after
the example set them by the people
of Douglas county ? They might try
the experiment. By so doing they
would not because they cannot, do
worse than they are now doing.
SPECIAL COURT REPORTER.
Elsewhere it will be found that
we have secured the services of
the celearated " Junius Brutus " as
special reporter of Supreme Court
decisions" Unfiled."
This latest published decision in tbe
' Cause of " Huat and Wah-ker ys.
Tieghl," will be found unusually In
teresting formatter of the Kind; and
a perusal of it repay well the reader
for the time employed.
" Junius Brutus " will hereafter
furnish this paper with reports simi
lar to the one we thl week publiMi,
as his services have been specially se
cured for the Douglas Independ
ent, and our patrons may rest assured
that every article from his pen will
possess an attraction found only in
the writings of men who write be
cause they have something to say and
are blessed with the powjr to
plainly tell It
Reports from Europe announce a
stiffening in prices of wheat, as we
predicted would be the case several
weeks ago. The advance In rates is
all along the line, and present indica
tions are to the effect that the highest
prices for wheat will be paid in No
vember and December. It Is also to
. l noticed that freight charters are
becoming dearer, and owners of ves
sels in port at Portland are refusing
to carry wheat to Liverpool and other
points for $16 per ton : shipowners
believing tbey will yet secure 4 per
ten. .... : .
A Salem dispatch announces that on
.Tuesday, Judge Harding, at Salem
"called in the grand. Jury and read to
them the governor's appointment of
Thompson to prosecute the cases
against the late State officials, In
cluding the portion citing Prosecuting
Attorney Whitney's refusal to act.
He then apponted George H. Burnett,
prosecuting attorney, to investigate
the charges, and If necessary prepare
an indictment against Whitney for
violation of his oath of office. A
sensation waa created in judicial
circles.
We give up much of our editorial
space and local columns to the report
of "Junius Brutus," and the testimo
ny taken in the case of 8tte of Oregon
vs. D. 8. Stryker, indicted for man
slaughter. We will make up all defi
ciencies in our next issue.
The London Sporting Times grave
ly announces that a certain jockey
has been engaged to ride by tbe Duke
of -Westminister at a salary of 1,000
($o,0. 0) per annum, and that other
employers who are to have a secondary
right to his services will pay him as
much more.
Pending the decision of the problem
of what to do with Cety wayo, the
gentle savage is confined in prison at
(ape Town. He has four wives with
him, and has ordered ten more from
the Zulu country. He feels lonesome,
he says, with only four. "
In Iowa, Gear, Republican, beats
Trimble, Democrat, for Oovernorihlp
by 80,000, and Campbell, greenbacker,
by 105,000. His majority over the
combined vote of bis opponents is
25,000. ' :" .
i i
Russian justice does not err on the
side of mercy. Out of lesa than
12,000 persons lately Imprisoned at
Moscow, not lees than 10,477 were
ent Into banishment lu Siberia,
NOVEL LAW REPORTS,
ruffled" Opinions of the Supremo
Court In Soma Select ('uses at the
January and July Terms, A. 1. 1879.
(EXPORTED n JV5IUS SHCIll, WKIAl ar-0TIS.J
rffote. An eat nf the LwMrttu w rafted in
Ootuber, lfeS, providing tur the orgBBwaUun i
separate Supreme Court to oomirt u( three jwigea
fti)Hiinted by the Governor for a terra ending June,
ltxSO. 11 State ooiMtitution irorul that the
Jutliree ehell be elected by the people: but the
-cn-nu Bern uw provimon uia m FI'J w "w
pment state f a&ura, and thereupon the Governor,
purauanttoa reeoiuton ol the "cU ku," turned out
tbe Supreme Jud)r( elected by the people nd ap
pointed Jainee Patrick Chiet Justice, Selfish Heuben
and Feter Simple Aseociete Juetioee. It bein im
portent tor tbe people to understand the principles on
which thi new court renden IM decisione, then
opunoua which wen not Sled are now published.
..." Huat and Wah-ker vs. TiegbL
HEAD NOTES.
1. Political Maxim.1' Stand by
your friends," is a well settled maxim
in politics. In the absence of a stat
ute, it is hereby declared to be a part
of the " unwritten law " of this State.
Query, whether this fundamental rule
is not more binding than even a de
cree of the "dike?"
2. Comity. Where one member of
this court is under political obliga
tions to a suitor the principle of
comity applies and the other members
nave no option to oppose nis aecision
In favor of that suitor. The concur
ring opinion of Patrick O. J. in F-stees
vs. JSoti ts aaopteu as me taw ot inis
court.
Option-Contracts. Where a creditor
has the option to treat a debt as due or
not when the interest shall be un-
taid. he must be held to have elected
to treat it as due or to have lost that
ontion in some other way if that
" option " conflicts with a fundamen
tal tolitical maxim.
4. uuaranty. where, in addition
to DUUiuir ud bis property as surety
for a ruinous debt, a political friend
guaranties mat the prtucipal wilt pay
the wnoie aeot in a specinea time, ana
the principal fails . and becomes
unable to pay, it is contrary to equity
and to tbe sense of common justice
that such a surety should be held to
have meant to warranty such a debt.
a. retiuo rrinceps. " Pegging
the question" is a very important
rule ol law logic. Where a plausible
reason must be given for a decree de
priving a man or about 60. 009, it is
proper that such opinion should be
very lengthy, and should anume the
real issues as clearly with defendant,
and argue earnestly on the conclusions
to be drawn from these assumed false
premises.
6. Conscience. Where the opinions
and decrees of this Court are of no
validity aud may be overturned by a
constitutional Supreme (Jourt, it is
salve to the conscience to know that
the plaintiff has not lost all by our act,
7. "Outsiders." Where plaintiffs' at
torneys are " outsiders " and one of
them is popular ou account of his re
puted fairueas and 'Uprightness, it is
special pleasure to cinch them and
and thereby weaken their influence
with the people.
FACTS.
The facts of this case are sufficiently
statea in the opinion ot the court.
Note, Reuben J. did not sit in thi
case, having tried It in the court below
opinion. 7
Patrick C. J. delivering the opinion t
This is a suit in equity to foreclose
mortgage. The Court below decided
In favor of the plaintiff sustaining the
mortgage ou l tegul's property, r rom
that decree, Tieghl appeals. The evi
dence in the cae shows the following
r.. Sm . 7. Z. I 7 ' ...
ntK Ti . ,r turner itt'c? irtou
r rancisco- Ou the 19th of August,
1874, toal scnmit made, the loliow
ing note :
" Portland, Oregon, Aug. 19, 1874.
" Two years after date without grace
lor value received l promise to pay
to Wah-ker or order $100,000 with in
terest thereon at the rate of one per
cent, per month until paid. Interest
to be paid monthly, aud if there be
default in the payment of interest for
the period of twenty days, then the
whole sum, principal and interest.
Bhall at the option of tbe holder of this
note be immediately due and payable."
To secure this note, Tieghl nut ud
a large amount of real estate transferr
ing it to Huat as trustee, with an
agreement that if said note became
30 days over due Huat shall after de
raaud for payment sell the land on SO
days' notice. At the end of the two
years, (August 19, 1870) $96,750 of the
note remained unpaid. . On October
18, 1870, C. aud T. obtained an ex
tension of time for oue year from that
date for tbe payment of the note and
liegiu put up more real estate as
fore. Tbe second agreement reHtedthe
first agreement and note and provided
mat in consideration of the extension,
C. and T. "undertake and agree that
the paid C. will promptly pay" the
Interest when due and the principal at
the end of the year, and that, in de
fault of payment of principal or in
terest, the whole debt shall become
due as provided in the first agreement
ana note y. e. interest being in
default, whole debt to be due at tbe
option of Wah-ker. Rep.l The agree
ment tneu declares that Wau-ker
agrees to exteud the time for payment
h irincipul and interest one year, or
until default In payment of interest,
and no longer ; but if default be made
In payment of interest the whole debt
wan men accrued interest "snail De
coma due and payable as in said note
specified " L e- at Wali-ker's option
itep J " it is distinctly understood
and agreed by the parties hereto that
the agreement of August 19, 1874, is
not annulled, vacated, or set aside by
the execution of this agreement ex
cept in so far as tbe same may conflict
with this agreement : in all other
respects, tbe two intruments are to be
taken and construed together."
Default was made in the payment ol
Interest January 21, 1877. Plaintiffs
commenced suit to foreclose Septem
ber 28, 1877, one montb before the
year expired, In the exercise of their
supposed option. Defendant claimed
his property was discharged because
Huat aud Wah-ker did not commence
soon enough; and also claimed that
ne was not a guarantor of the note
under said contracts. .
It will be seen that the first and
most Important question arisi ncr nnon
these facts is whether the option of
nu-er to treat tue aeot as due or
not due on default In payment of
interest as anowed in the note, and
first contract was "annulled, va
cated, or set aside," by the second
contract : mr me last extension of
one year naa not expired at the time
suit was brought, and therefore the
debt was not due except at Wah-ker's
option, if that option existed, and
Tieghl had no defense. Did the
option " connict witti the terms of
tne second agreement 7 That agree
ment provides that in default of pay.
ment of interest the whole debt shall
become due and payable as in said
note specified So far from the
option "being in conflict with.it is act
ually adopted by, this italicized clause
of the second agreement. Plainly,
only that part of the note is annulled
which provides that the note shall be
come due two years from August 19,
1874, and in its stead the second con
tract provides that the note shall be
come due one year from October 18,
1876. In tbe original note it was pro
vided that the debt, oa default in in
terest, should become due at the hold
er's "option;" in the second agree
ment it was provided that the debt on
default of interest should become due
as in said note specified, I. e. at
holder's option. Nothing could be
plaiuer. But to clinch tbe matter, the
second contract expressly requires tbe
two Instruments to be takeneanri con
strued together in all respects where
they do not conflict. Mo construing
them together the contract in the note
would read :
One year after October 18, 1876,
without grace, for valua ta i
rimmlfl tn lute ti W. t. i I
per txiij. jwr inontn rrom date till paid
Interest to be Paid nnmhw a .i tr
"'J' , j'uu in tne payment of in
terest f-r the period of 20 days, then
the whole sum, principal and interest,
shall at the option of the holder of
able." Immediately due and pay-
Therefpre, in ordinary cvz.the
note could not become due without
Wah-ker's consent until October 18.
1877 ; and this being true there could
.. "v
" i
be no delay by Wah-ker In selling,
and therefore TleghPs defense would
he without foundation. But this Is
not an ordinary case. The defendant
Is my special political iriend. He
was with me In the dark hours when I
was struggling to get to the Senate;
aud I cannot f'Tget thnt. ' tand by
your friends," Is a maxim in politics
too well settled to be disregarded
lightly. In fact we might say that It
Is a part of tbe "unwritten law" of the
rotate. There is no statute on the sub
ject and we are specially authorized by
the iXHie to urciwe iuj u . " .
law, to-wlt ; "i "14. Unwritten law is
the law not promulgated and recorded.
but which Is nevertheless ooservea
and administered In the courts of the
State." The lamented Andrew Jack
son held to a principle nearly like this.
and President Grant Invariably stood
by his friends. Congress anu tne leg
islatures frequently relieve sureties
from their bonds. This salutary prin
cipal is thus very highly endorsed.and
is of such Importance as to take high
rank among legal axioms. Indeed it
may well be aouoiea wnetner turn
fundamental rule is not more binding
than even a decree of the "Uii-ku."
When this maxim Intervenes, no "op
tion" can be allowed to Wah-Ker, ana
nnnn ovHtt to mv associate 1ustlcs to
dissent, because here the principle of
comity applies wun its iuuesi roree.
Ana we now aeoiare tne concurring
opinion of the Chief Justice; in Estes
vs. Nott on the subject of comity to be
adopted as the law or this court, una
too is a suit in equity auu it is contra
ry to enlarged principles of equity and
to common Justice to believe that
Tieghl would have put up in that way.
t he consequences win oe so ruiuu
that such bard law canuot be enforc
ed. Thoucrh the law in the cose Is
perfectly plain, equity must regard the
consequences and will not enforce the
law tn suon a case, nucn i am iu-
formed bv Judge B. Kansey bnime
is the rule he acts on in hs court an.
nrnnttr ncaasions. anu ne ci.us.ruio
me, as it were. We are, therefore, con
strained to give the case to liegni,
Still we are aware that such an opin
ion as this ruav not be filed. It would
be fatal to any re-election. People
might sav in a spirit of wrong-doing
and for political capital that it was
hiehwav robbery of the eclectio species.
Still it is necessary that some opinion
be Bled. It Is true the constitutional
provision requiring opinions to be
filed does not annlv to tins courr, as we
have already bold ; but policy demands
that we file an opinion and make it as
plausible as porsible. Ah ! I have
it I i rememoer wnen i was at rnntf
ton college I mastered the rule of logic
known as vntitio priaetm. It is a tlrst-
claas rule in suoh case as this, and we
hold it also to be part of the un
written law" of this State. I will
therefore "beg the question." I will
assume the real point iu the case to be
in favor of defendant, ana assert witn
out argument or reason or authority
that plaintiffs option expired forever
at the end of two years irom tno date
of tbe original note (Aug. 19th, 1874,)
and. with that false premise, 1 will
reason upon the consequences flowing
from that vositlcn as discharging the
suretv. It is true the claim of dis
charge bv the surety, even with that
nremi.se. is ouite doubtful, but I can
make it plausible and cite a large array
of authorities, in addition to mat
I can make the case very long and dts
cuss other unimportant questions with
profound gravity, so as to hide the
real issues from the casual reaiier. Iu
a word. I might say will play the
cuttle fish aud emit dirty water to hide
in its discoloration, fearcely anybody
besides the attorneys in tbe case will
examine so long an opinion carefully
and if they make an outcry the people
by reason of their law-abiding educa
tion, will presume In favor of the
Supreme Court and think the attor
neys are only angry because they lost
their case. Besides that, the attorneys
will be afraid to incur displeasure
by attacking the decision In the press.
Still some attorney might have tbe
courage to explain this matter to tbe
people, and if so he will probably be
prepared to brave our anger aud fight
us on all points. We are compelled,
however, to risk that, and trust to sly
threats of disbarring him for presum
ing to call into question the righteous
ness of our decis on.
Therefore, on tbe question of "op
tion," we will assume that no opt ion
existed after Aug. 19th, 1876, thui
begging the whole question, and tin
opinion which we file shall only cou
tain the following on tht subject :
"After the note became pay a Die dv
the lapse of two years that option wat
goue. On the 18th of October, 1876,
the several parties entered into a new
contract whereby the time for the pay
ment of the debt was extetided for
oue year from that date in case the in
terest should be paid every month, but
making the whole det absolutely am
upon the failure of Coal bchniit to pay
the interest promptly at the end oi
each month. By this contract, it wa
no longer optional with Wah-ker t
consider the debt s due or not du
unon the failure to pay the interesi
punctually. That option given him by
the first contract, was taken away aim
a default in the payment of a mouth'
interest rendered the entire aeot ant
at once. It became due by the termt-
of the contract and independent of the
will of the parties."
Bv thus silently and contemptu
ously disregarding the real question
in the case, and assuming that there
could be no necessity for argument ou
the "option" question, we put a bold
face on the matter and that is a very
strong argument itself with tl e un
thinking. So, too, the same style o:
reasoning applies to the question
whether defendant is a guarantor.
"Guaranty is a contract by which one
person is bound to another for the due
fulfillment of a promise or engagement
of a third party" (2 Para. Com. 3.) "No
special form or words are necessary to
constitute a guaranty" (2 Pars. Uont.
5.) Now it is plain that T. entered
into an undertaking that C. would pay
tbe debt; he in effect says, I under
take (which means, hold myself
bound; that c. snail fulnil his said con
tract. Suppose be had said, "i bind
myself by this agreement that C. will
pay the note when due," could there
be any doubt that it was a guaranty ?
The language used is practically the
same.
Hence we
must "slur" over
to is point also and only comment
also
slightly on it as follows, viz :
"We do not consider that Tieghl in
curred any personal liability to Dav
C's debt by this clause iu tbe agree
ment. There is no promise by him to
fiay anything. (Uuaranty never is;
t is only a promise that another will
pay Rep.) and the parties themselves
specify in the same sentence and as a
part of it what should be the con
sequence of a non-payment by C." to
wit : that tbe whole debt become due
as provided in the note. "This clause
in the agreement is simply that in con
sideration of the extension of the time
for payment C. and T. promised not
that they of course not, for It would
not then be a guaranty but a direct in
debtedness Rep. but that C. would
pay the debt. This certainly did not
create any personal obligation on the
part or 1'. to pay anything. If it Was
his intention to become personally
liable for C's debt, doubtless it would
have been so expressed in the agree
ment." Ob, most sage conclusion ! "Water
is water," quo' Dogberry, "because
It is water."
There is another circumstance in
this case that has influence on this
opinion. We have already decided
that ours is not a constitutional court;
and we hold our position fey usurpa
tion backed by the commander in
chief of tbe army and navy of this
State. But when a constitutional
court Is elected, as it will be next June,
our decision in this case may be over
turned. The judgment in favor of
plaintiff in the court below was by a
constitutional circuit court; the ap
peal to this court may be held simply I
void, and the judgment below ordered
to be enforced. This is a great salve
to our conscience, for though I have
often shielded myself from adverse
criticism and gained a reputation for
honesty by my seeming stupidity and
credulity, yet the truth is I am not so
stupid, any more than was Lucius
Junius Brutus, the ancestor of nur
special reporter. Ho we are gratified
that plaintiff will still have a chance.
Our strutting is but a masquerade-
Another fair principle of decision in
this case, if we found It necessary to
further support our judgment) would
be the fait that plaintiff's attorneys
are not of the "Cli-ku," and as one of
them Is dangerously popular on ac
count of his uprightness and fairness,
It anorus us peculiar pleasure to cinch
him. Outsiders" who are supposed
to be dangerous must in this way, be
deprived of the confidence of the peo
ple, ana tneir mnuence weakened.
However we decree that this opinion
be nH even written but that It be left
entirely to Junius Brutus our special
reporter of "unfiled opinions."
Simple, J. concurring specially :
j4Ke the "oiacniei" in that other
case, I concur, specially, too, on the
ground of comity ; but I take greater
deasure in reversing this case because
don't like one of plaintiff's attorneys.
He talks about us when we decide
against him. They'll find they don't
make much by abusing this court. We
have to work hard enough on small
pay without being abused in the
bargain. Besides that, I swan, I can't
Ibe what rights a Californian has got
against a pioneer Webfoot. We've
got enough of these new Immigrants'
anyhow.
CASYOXVILLK, OREGON,
BLACKSMITI1ING & WAGON
Ei'AlRING NEATLY DONE.
Horse-shoeing a specialty, and satisfac
tion guatanteed. Terms low for cash or
approved credit, and work done wheu
vrantm. Those indebted to me are hereby
noli tied that all outstanding debts must
bi paid by January 1st, 1880 ; by so doina
all old patrons will do me a favor, and
find me able to put in a Rtst-class stock iu
the coming Spring. The stock will be
there; but I wish a settlement with old
friends, and with a lull stk be able to
sell them work cLeaper than ever.
JUMJt J. AKKMUt.
WAGOX MAKKB t REPAIRER,
CANYON ViLLE, OREGON.
I am prepared to do ti rat-class work, at
low rates, and in a maimer to satiety all
ho patronize ma. 11 y work is mr re
commendation, aud if it will not apeak for
itseir, l do not wisit for patronage. My
only wish is you try my work, and learn
inf prices, aud it luey do not suit you no
uaeenn. CliAS. MlMMtu,
Canyon ville, Oregon.
WEEKLY LINE of STEAMERS
SAST FBANCISC0
FROM
COOS BAY
"A BOAT A..
('APT. G. HOLT..... COMMANOE
CAPT. CHAS. BATLER.. COMMANDED
For Freight or Passage Apply to
FRANK BARNARD & CO 213 JACK
SON ST., Sun Faa.-.cisco.
FRF.D SCIIETTER, Empire C ity.
A. Jt; J-s J it-
i,tfltsj'2
.a ,t a .
n S-O.S-S c 8 eJi-5-
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5 a a i o c i;iC
2 " eg l- "
Ji rs S - Is
VI
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B
Cft
aM
!
PS
- P
3
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2 HI
Si
t5 '
e- 550 ?"5
' 5
"2 p.
t- S 5 2 . x w E i a
W. F. OWENS &
Fowarding " and
PLYMALE,
Commission
AGENTS.
ROSEBURU OREUON
Will jfive social attention to fnrdwarding
2OO08 consigned to their care. Freight
money advanced. Uoruirjission reasonable
All business in this line ahull receive oui
strict attention.
AH goods cnnsijnipd to our care should
be marke,!. A." Roseburg.
FOR
SALE
T 1 ts . . . . . . - -
i imve a nne .oi or ppamsii Moreno rams
pertectly sonnrt, which I offer for sale verv
Cheap tor cash. All tlnwe wishiiig to im
prove ineir U'icks will do Weil cull an J
see for themselve and buy if suited. Six
miles Irom Koeeburg, Douglss Co., On.
H. CONN. Sen.
CITATION.
T L, SMITH, ADMINISTRATOR OF
the estate of Richard Smith deceased.
and Martha A. Smith, deceased, having
tiled ns petition in the County Court for a
license to sell the real property belonging
to sain estates, consisting ot the Donation
Land Claim Notification No. 5403 consist,
ing of Lots Nos. 3, 4, 5 and 6 of section
23 township 23 south range 5 west, con-
ia!ninglOS9-lOOth;and the northeast half
of the northwest quarter, tbe north half of
the north east quarter and the southeast
quarter of the northeast quarter ot section
33, township 23 south range 5 west 200
acres; east ha!f of said Donation Land
Claim belonging to Martha A. Smith, de
ceased, aud the remainder to Richard
Smith, deceased. Also the northwest quar
ter of tie northwest quarter of secliun 34.
24 acres in section 27 and 28, commencing
at the southeast corner .of the Donation
Land Claim of Robert and Susan Smith,
running thence north 13 rods, thence west
one mile on a line parallel with the south
bounding line of said Donation Land
Claim ; thence south 20 rods to the south
line of said land claim, thence east alonir
said south bounding line one mile to place
of beginning ; the south east qnarer of
the southwest quarter of section 25. The
northwest quarter of the northwest quar
ter of section 34; the southwest auarter
of the northeast quarter of section 83 ; the
west naif of tbe northwest quarter ot sec-
t on 34 ; the south half of the northwest
quarter section 33 and lot No. 4 section 27,
all in township 23 south range 5 west Wil
lamette Meridian, in Douglas county, Ore-
iton. It waa therefore ordered that a cita
tion issue to the heirs and all others inter.
ested in said estate to appear tn said Court
on Tuesday, January 6th, 1880, to show
cause, if any there be, why an order ot sale
should not be made as prayed for in the
petition. '
By order of the l-outt.
T, R. SHERIDAN,
County Clerk.
Roseburg Ogn Sept. 24, 1876.
sr. fcaiausra.v
ROSEBURG, OREUON,
Forwarding & Commission Agt.
All goo -Is consigced to my care will be
promptly forwarded to points ot their des
tination without tail. All business en
trusted to my care will be carefully at
tended to. 0 rain or other articles taken
on storage at lowest rates. Sole agent for
the celebrated Myrtle creek Flour. Ad
dress H. L. MURTON.
- " Roseburg. Oregon.
HTJTCJII FOSTER.
AGENT VCR-
WILMEUDING h CO,
Importers and WhoJesale Dealers In
fine vihe & Lmnons.
314 and 210 Front Street,
San Francisco.
GREAT REMEDY
Strongly Recommended by the Medi
cal Jt acuity lor
Nervousness Weakness,
'Debility..,,,; Dyspepsia,
IndigHS'ion ....Chills,
Fever .......... ..t-tc.. Etc,
NABOBS
II II i I I I .11
In Bottle and by the Gallon.
Consumers are referred to the following
extracts from tbe reports of eminent Pub
lic Aasayists :
Labratory and Office, I
- No. 4, H'ate Street, Boston, f
Geo. Simmonds. Esq.: Sir The samples
of NABOB WHISKY received from differ
ent parties, have been analysed with the
following results: It la of standarJ alcohol
ic strength and frte from added flavoring
oils, acids, metals, or other deleterious
substances. This whisky Is pure, o: supe
rior quality, and suitable for dietie and
medicinal purposes. Respectfully,
8. lAi A HAlfcM,
State Assayer for Massachusetts,
This ts pare barley and wheat spirit, re
markable in fraorant ethers which iinrjarta
delicate aroma, at the same time gradna'ly
Increasing lis value at a diffusive stimulant.
1 he solid residue contains large amount of
tannin, derived trom storing in oaken casks,
which imparts to fine old whisky one of
its valuable individual - qualities. The
amount of residue prove the whisky to be
free trom the excessive coloring and sweet
ening so generally used in adulterating.
n fact, in two words. It Is the f UUKsi
WHISKY, and will not only supply a pub
lie want, now that whiskies are so gener
ally adulterated, but will be of tbe1 greatest
value to the physician In those1 numerous
case in which pure whiskies are the moft
useful ot all medicines. U.
100.0C0 Cases Sold on
The Pacific Coast within the last year.
EyXone genuine unless labelled with
my signature over the coik.
U. BIMMUAUS.
S. MARKS & CO.
AGTS. ROSEBURG, OGN.
ILL
Importers and Dealers in
FCftUSN & DOMESTIC W1HES
LIQUORS AN! BRANDIES,
Also Agents for the
CKIeEBRATED
J. H. DA7E2JP0RT
S. E. Comer Ft. and Cal. SL
SAN FRANCISCO, CAL.
Renresenteil by CHARLES KOHN.
MEDLEY S-
II TilK
I , LI U
An entire new dieovery. The best pre
paration lor the hair thai baa ever been
presented to the public it will immed'-
rte'y free the head fnin all dandruff and
scurf, and produce r new growth where it
has fallen off. it will atop the falling nut
of the hair in a tew days, il faithfully an.
plied, and il will turn gray hair to its
original co!r.
This vegetable remedy la recommended
by a large number of physicians, and by
ev,ry oue who lias nsed it. It is sold at a
very low pries in order to introduce It to
the Douglus county market.
None genuine utiles? signed by the pro
Drictor. Address, JOtlM Mr.UL.l i,
Oakland, Oregon.
Is the best seed wheat now in the market,
and 1 will sell the same at
One Dollar per 3ush.el.
The Mediterranean wheat has ben as
certained by experiments to be the best of
Seed wheat, aud produces larger and better
crips than any other seed wheat. This
Seed is Sold at Portland a $3 iwr bushel
while I will lell tue same at f 1 per bush
el for the present only. il. COAN, ?r.
NOTICE.
Ban: about ready to start tor
&an J! rancisco to parcnaee our
Fall stock of goods, we desire an
immediate settlement ot all ac
counts standtag upon oar books
Those indebted to us wil' bear it
in mind that this is a final notice
to theni and will save trouble hy
settling at once.
CARO BROTHERS.
ROSEBURG MILLS,
PS0R1F.T0RS.
THE
ST FLOUR IN THE MARKET
The Flour of these mills has gained in
popularity until it has corns to be known
by purchasers as the best in the market.
Orders from home and abroad filled
promptly. Address,
lUiNKS 8 OATES. Roseburg,
Lime for Sale.
The Best of Lime.
Suited to tr Purposes
-FOB SAI.B AT
TUE STAB emSGGIC .
Fine
03
Idquors and Cigars
II AND CONSTANLY.
Give me a Call at
SALOON OPPOSITE HA FFENDEN'S
J- D. HANKS. PROr.
Notice of Assignment.
TYI-uriClS is HEREBY GIVEN THAT
w Thomas Morris, mercbaut of Oak land,
Douglas county, Oregon, assigned all his
propei ij ior the benefit of his creditors, on
tbe 21st day of August. W79, in prupom
tion to the amount of their respective
elstms, and all parties having claims
against said estate must present the same
under oath as to their correctness within
ninety days from dale of first publication
of this notice. L K. DAWSON.
Assignee.
Care A. M. HENDERSON, Oaalrnd.
8ept. 1879. '
Sheridan Bros.,
The firm would announce that they have just
Largest Stock of Hardware
Evpt brought to uouglaa eonnty, and when added to their STOVES OK ALL PAT
TERNS and RBADY MADE TINWARE, they are prepared to declare they have the
bes supply in the.'ir hue of any establishment in Kouthern Oregon, which they propose
0EIA?1E TEAIt : AHT CHS
can purchase elsewhere. .... .
In the shape ot budding materials in the way of locks, butts, etc, we can offer
superior inducements to. purchasers. Try ns.
We can give you bargains in the following brands of stoves, not equalled else
wherebuck's, Bonanza, Farmer, Utility, Dexter, Pacific, Wide West, Clarendon,
Occident, Iron King, Empire City, and other sieves and ranges.
The best of workmen are constantly employed in the manufacture of our Tinware,
and buyers should learn our prices.
We have also baragins to offer in guns, such as Winchester, Sharp and other Rifles,
a well as in Shot-guns and Pistols.
We ate also Agents for the White, Peerless and New Home Sewing Machines, which
we sell at lowest rates and warrant as Complete m every respect.
We can also supply
Averill ami Rubber Paints,
The best In the market, at the lowest rates.
Give na a call, inspect our stock, inquire as to our prices, and we promise to suit all if
anyonecan. KHERIDAN BROS.
II1ERPMBERI
4
MOUNT SCOTT MILLING COMPANY
J. IIOWLEY,
W0TJLD ANNOUNCE TO THE CITI
sens of Douglat, eonnty and vicinity, that
be has puiebased an interest In
1
TrasTc 1
Sawmill,
On the
NORTH - XJMPQUA !
Apd has taken
FULL CONT0L OF THE
SAME.
He has had 20 years experience in tba
business ot lumber-ruakiug, and guaran
tees to all customers )erfect satisfaction.
He will deliver all kinds of
DRESSED AND PLAIN LUMBER
At Roseburg or elsewhere cheaper than
can be purchased Irom any other mill, and,
all ordi rs will be promptly tilled, con
tractors and builders will find it to their
advantage to inquire tor terms and prices.
Un is also a prtciica1 architect and build
er, and all having snch work will be bene
fitted by calling upon aim be'ore going
eiswhere. J. M. KUWLtl.
MCGREGOR'S
BUCHER SHOP !
Having purchased the bucher-shop of S-
Cramer, I am now prepared to furnish cug-
with the finest of
BeefyPork, Mutton
At lowest rates. I would call attention of
consumer!' to the fact that 1 have one u
the best cutters, and am prepared to fur
tjuh meats as desired. Always fat cattle
on hand.
Oive me a trial and if I do not suit you
as to quantity, quality and prices, then I
shall not complain It yon go elsewhere.
L. McOREUOR,
Roseburg, Oregon.
COME AND SEE THE
SEW STQBR
HAFFENDEN
ISOOTIIF.KS.
Have just opened a
First-Class PROVISION
-AND-
At S. Marsks & Co's. Old
Stand,
n.OP3-LJJLI uhg.:
Their stock consists of
r ivn
GROCERIES
Of the choicest quality, and including
Country Produce.
They are prepared to stand by
their
MOTTO:
Full WEIGHT
Choice GOODS
-AND-
Low PRICES
-FOR-
CAISIH
FARMERS AND ALL OTHERS
WILL FIND A READY
MARKET HERE FOR ALL
CHOICE rRODTJCE,
HEFFETDZN I30TKE&
Roseburg. Or,
received and now have on hand one of Uia
BLACK SMITHING,
Dearling Gibson,
0 FlAND, OGN.
Would announce to the public that
they are prepared with the best of materi.
al to supply ail demanpa in their line.
Having enjoyed over twenty years expe
rience in their trade, all work performed
by them is guaranteed to be first-class, and
strictly according to order.
Gibson's Celebrated Har-
XGW3,
FOR SALS BT J. W. STRANGE, HOSE-
. BUI'G.
Pronounced by all who have nsed them to
be tee best ever invented, always on
hand and for sale cheap.
FARM MACHINERY KE
PAIRKD,
Them a
Give
Call.
cGifOUl
O 'nrt
mnmmm
The Fro meter and Perfeeter ef As
slnallmtlon.
The Reformer and ritaUaer ef tbe
BlooA.
The Producer and InTlprorator ef
Rerve and Muscle.
The Builder and Supporter of Brain
Power.
Fellows' Compound Syrup . Is Com
posed of Ingredients Identical with
those which constitute Healthy Blood,
Muscle and Nerve and Brain Substance,
while Life itself la directly dependent
upon some of them.
By Its union with the blood and ltd
effect upon the muscles, reestablishing
the one and toning the other, It is cav
pable of effecting the following results :
It will displace or wash out tubercu
lous matter, and thus cure Consumption
By increasing Nervous and Muscular
Vigor, it will cure Dyspepsia, feeble
or interrupted action of the Heart and
Palpitation, Weakness of Intellect
caused hy grief, worry, overtax, or
irregular habits, Bronchitis Acute or
Chronic, Congestion of the Lungs, even
in the most alarming stages.
It cures Asthma, Loss of Voice,
Neuralgia, St. Vitus Dance, Epileptic
' Fibs, Whooping Cough, Nervousness,
and Is a most wonderful adjunct to
other remedies In sustaining life during
the process of Diphtheria.
Do not be deceived by remedies bear
ing a similar name : no other prepara
tion Is a substitute for this UDder any
circumstances. . , .
Look out tor the name and address
. I. FELLOWS', St John, N.B., on tho
yellow wrapper in watermark, which is
seen by holding the paper before the
light, ix
Price, $1.50 per Bottle, 6 for $7.60.
Bold by oil Druggists.
Sole Agents for the Pioneer Misions
Woolen Mills for North Pacific Coast.
?. XX SCHARFF,
REPRESENTING
NEUSTA.PXER BROS.
Manufactures of the
STANDARD SniRTS
GENTS FURNISHING GOODS.
67 and 69. Font St, P inland. Oge
The elegant suite ef rooms formerly oc
cupied oy Dr. Co?.al in S. Mark & Go's.
new Dm cling, Koseburg. These rooma
rre in every war suited to those who
wish an eii-gaut office and private consul
tation room.
TO .PSYSXCXiVCTO.
FCK 8ALE. The furniture, fixtures.
etc., of tbe above room, comprising office
and bedroom atticles, and ready for imme
diate occupancy. Also a fresh and care
fully selected stork of druirs, embracing
everything Decennary for the nse ot a regu
lar practitioner of medicine. .
The above will be sold extremely low
for cash or approved security. Enquire of
AiSHEK MARKS.
Chinese Later Furnished
m w iw rr, .
CONTRACTOR FOR LABOR, ROSE
BURG, la prepared to furnish all kinds of Chinese
labor on the best of terms. Contractors
and others will do well to vive him a call.
Inquire at W Oee Wash bouse, or John
Lee, at Cosmopol itan hotel.
NEW STATE HOTEL,
Opposite W. F. Co's. Express Office,
CORNER 3d & CALIFORNIA
Streets, Jacksonville, Oregon.
Meals at All Honrs.
New Rooms and Clean Beds. Satisfaction
Guaranteed. .
C. W. SAVAGE, Proprietor.
JP. C, Snyder,
PRACTICAL CARRIAGE AND WAGON
Bas opened a sbf d in Roseburg. next rfnnr
to Watkfns' Brothers, and be is prepared to
do ait work Id his line at low prices and on
short notice. A specialty made of '
UNDERTAKING,
In which ha la prepared to give satiMao
tion and lowest rates.
DReS.IL RAYMOND.
DENTIST, LATE OF OAKLAND, OGN,
Having permtnently located In Rosebnrg
is rteperea to do all work in the demist
line la Brat dace order. Give me a call at
the house next door to Oake's picture gal.
ill
Woud Inform their patroias that
brick store, and are in receipt of the
LARGEST STOCK OF
GENERAL MERCHANDISE
EVER BROUGHT
This Stock was selected by one of
oho j rancisco mar net, ana
LATEST PATTEliNS IN
LADIES' FANCY and
PLAIN DRESS GOODS,
LACES, EMBROIDERIES,
. t-
With os there is also to be found
a full assortment of . ': '
Ladies' TTOfiaWssULE
In tbe line ot Ladies', Misses and
LmlureuB
Shoes and Gaiters.
Oar stock is so complete that bo
one can tail to be suited.
We have with the above a lull
Stock ot
rmn t tv ttoo
m .e.e.fi lie
ir
Which we offer at the lowest
rates, and which will be
found
satisfactory to all who
examine it.
ALSO; A FULL AND COMPLETE STOCK OF
Groceeris, Crockery, Glassware
AND OF LIQUORS,
Grain. Wool and Produce of Every Description
Bought and Highest Cash Price Paid for Them "
Patrons will take notice that as our stocit was purchased aftef
the decline in prices in San Francisco, we are prepared to sell
goods cheaper than any other house in the city.
Roseeburg, Oregon. S. MARKS & CO.
, ANOTHER TRIUMPH FOK THE WEBB-OT STATE I
eXlTo BIO It B HXmmJBT TROUBLES
NO MORE BACK ACHES I
Oregon has long been noted for the wonderful variety of her natural resources. Her
hills and valliea are stored with the chocest of Natures lavish gifts. One by one
these elementr of her i-reatues- are being nought out, understood and adaMed to the
use of her people. The latart of these discoveries is
THE OREGON KIDNEY TEA,
A plant which grows in the mountain faaiuwwes which are seldom trodden bvthe
font of man. This remedy presents the leaf in i;s natural state, and is not one of
those nauseous liquids, put to sell, and which 100 oiten ever noxious and deleterious
drufrs, but is kind nature's own remedy her "laot. bw,t jft to man." The tea m.rU
by steeping this .af is a CERTAIN AND r-PEKDY CURE FOR ALL DISFASM
OF TUE KIDNEYS AND CRINAfaY ORGANS. DISEASES
Tne leal is put jUp in air-tight tin caddiss which preserve Intact its peculiar medw
cal properties and the deewtion is made by the prenu using U, thus securing iu ab
solute purity.
J here aie thousands afflicted with diseases of the Sidneys or urinary organs who
uffi-r in silence rather than make known their troubles. Others seek relitf bv the
se of various patent medicines which, if they do not . ggravate the di t l.i
SIlC
do not lessen iv Even thoe who secure
who tt cuiiiiHiniirni ami at;
OREGON KIDNEY TEA
-
not injure the sru est child, nor tbe most delicate woman, but will
hack and Kidneys, Non-retention of Urine. Leucorrhoea Dinbeten
tliu Kl.rfilur n, KiI... T3.:l, n..t. r ; rr-. ,i . . "".
the Bladder or Kidneys. Brick Du.t Deposit in Crine. Painful oT J '
struntiou, and all cr mplainta arising from a diceased or debilitated state of the kid.
neys or unnary organs of either sex. w iuum
,,n-T..mi9t,'ke lhe ,Bin ""'"C trim defective action of the Kidnevs for RHFTT
MATISM and in attempting tocure the latter by outward applicationa. fU eilv
to reach the seat of the disease. We do not offer the ORKOON KID.N EI' TEA as a
M ?"Jm l' fti?.m' bU'Jre, tlMed tl",t maDy Cu8 f ""-called RHEUMA.
llhM would yield to its remedial virtues.
. Full directions in Engthh and German Accompany Each Package.
Hundreds of Testimonials received from some of our most respected citii
.,.0.. , zens.
Sold by all Druggists and General Dealers.
KQ&GE, mm & GO., Gps., PGrttaacLOsn.
GREAT REDUCTION IN RATES 1
ROSEBURG AND COOS BAY
STAGE LINE !
THROUGH IN 64 HOURS
FROM
ROSEBURG TO SAN FRANCISCO
Making connections with the Ocean Steam
era. Meamers arrive and depart every
week certain, and sometime twice
a week.
FROM
Roselmrg to C003 Bay. I
IN OW& DAY!
FARE TO 8AN FRANCISCO
by this route, $14.50 ; Fare
to Coos Bay, 6.00.
The proprietors of t his line would ana
nonnce to the public that they have made
the above reduction in rates of travel, and
with fine horses and best of stages, are
prepared, better than any one else, to fun.
nlsh accommodations to travelers who
patronize them. The time of trans is
short, the nd good, and ihere is no da.
tentlon on the route. The drivers em
ployed are experienced and poli'e, and
with all will show every possible atten
tion. tpu. r . , .
or arrival and departure of
.ie.,uera may oe learned upon iuQuirinir
at the Metropolian hotel.
For further par icolra, inqn're of
P. G. STICK LAN L, Agert
a cptrpTTm ""'ropplitan Hotel,
r. MHKTTEB. Agent Empire City.
ROSiSBURG, OGN.
im mm
they have moved to their new
TO ROSEBURG.
the members of the firm in th
emoraces an styles ana
SCARFS, COLLARS,
LINEN SUITS, NECKTIES,
PARASOLS, KID ULO V
GEJSTLEMENS
FURPtiSHtKQ GQQB8
Under this heading triers is eve
rything to please the tastes
ot all.
Every Latest Stylo In
troduced
And all Goods ot the best mate
rials and improved 'finish,
EMBRACING
Gentlemens' Underwear,
EVERY STYLE YOUTHS' CLOTH.
LStt.s
DRESS & BUSINESS
SUITS,
HATS, CAPS, ETC
the advice of physicians often
v ' " itm "iieuuii airecien i im
is a strictly vegetable production and will
curePain in the
l.il .r . -
GO T(. S. HAMILTON'S
NEW DRUGSTORE
' FOB .
Paints, Oils, Varniph, Window and
Picture Glass, Stationery, Perfumery,
if you wish to purchase them cheaper
than at any place sou'h ot
PORTLAND.
. And keeps full line of
EDWARD T0DD& CO'S.GOLD
PENS, PENCILS, ETC, .
SCHOOL BOOKS, NOVELS,
LEGAL BLANKS.
Windsor and Newtona tube colors. Wia
dow and Plct0re oiass, very size, at
Lowest Price, by box or pane. Blank
ah W"t,nrPFr, envelopes, pens.
AH new Patent Medisines in stock a
TO ORDER, free of charge. Agent for"
three, mixed paints
T r't'Sl'f.f?. "n, 'horonghly tested PA-
U1H!,1,lHJRER paint' The im.
IS'IABLK PAINT, and The
-kNAMEL PAINT. Agent for M.
Uray, Music Dealer. San Francisco.
i Precription filled with dispatch, at tbe
lowest ratea. Store is aecessibla st right .
window on back street at all honr of the
night. Remember the place. Brick build- ,
tig oppoe ite Metropolitan Hotel, Roeeourg,
Oregon.
NEW TO PAY.
PHYSICIAN k SURGEON,
Office at residence, flmt house west of
Judge Wtilie,' Rosebnrg. Oregon. Found
rturing day at Higley's Drug itore,asd at.
nightat his fesideneo.