--A'V - 1 v
-7
y ....
M
'I
iljc'linoeiitnijmt
BlTCi I'AY
,.DU13, 173
resolution of endorsement
WBKRRAS.THISDorGl.AS I?nRPE3? DKSTT
rswt.;)inr published in Uoeburt,' has
been published ia this county lor the period
of ilT-e years; aJ
Whkkbas. mki newspaper ia now wel
ttabiialwd. and during a litres years trial
it baa faishlully c rvrti the interest! of the
producer sud lax-payer; therefore be it
"e, te laumm-n ot uie nnp
qua Oram.'" No, 88, do Rive THE Dn'CLAS
I.SDRPKNi'tCNTour unqualified endusemei)..
ad wjtild recontmaud it as a newspaper
worthy ' patronage of every fanner and
tax payerin Southern Oregon. '
( f MHO. W. V O.N EH, MIMtir,
i
J. P Dukcar, Secretary.
TO ADVERTISERS.
The DOUGLAS INDEPENDENT
IuM'.iIm: Irict eimilathro f any
paper pnhlMsed in Rosebors in the
eonnties of Douglas, 'Jackaoa and Coos.
nd will furnMi tlie proof of our sse
tion wbra demimded by responsible ad-
ertb-ew. KELLY & WELLS.
EARLT IN THE FIELD.
The democratic IState central commit
tee proioses being early In tlie field
thin year, and has Usued a notice thot
there will be a meeting of theconiuiitr
tee he'd at Salem on the 8tn of Janu
ary. It Is rather a bad time of the
year to call the members of theeommlt
tee together, since it U probable at the
time stated the Columbia will be closed
to navlgath n. and Eastern Oregon
will not be represented. j Another
nnnittlonable matter Is the holding of
the meeting at Salern, where the Saleui
ring may have au opportunity to die
tate Its decision and conclusions.
But It may be Id this lust that such is a
part of the programme, and Governor
Thayefls to be given au opportunity to
secure an endorsement from nta part:'.
which will makehlrn that party's can
didate for United States Senator in
1881. It has been reported for ever so
many months that Thayer is deter
mined upon running the party
In 1880, and we have not seeu
heard an vthlne that would
lead to a contrary opinion ; in
fact, Balein, with, Its rings and its
leader. Gov. Bush, aud Its close prox
imity to Gov. Thayer's office, is just
the place old Walt, would have the
meeting of the committee and the State
Democratic convention held if it is
h has made up bis mind to "run
the party."
Chlua and Japan are liable to go to
war about the Loo Choo Islands, in
the North Pacific ocean, between Ja
pan and Formosa, They contain
a population of over 160,000, and
: were .originally discovered by the
lUilnese, but have been ' tributary
toJayo. for three hundred years past.
It is ant, old dispute, for some years
past, but slues China reannxed to the
province of KtiWja' from Russia, she
is now anxious to regain all her old
. territory lost. The Japan press talks
: seriously about an invasion of China,
and both countries are having: lron
lads built in Europe China having
six small ones already ,-and Japan four
large ones..
Toombs, who proclaims death to the
. Union at this late day, proposed some
twenty years ago that be would call
th roll of his slaves at the foot of
Bunker Hill monument, but the mon
ument is still Btauillng on Boston
Common, and Toombs does not own
a solitary slave. The world has moved
since 1861, and is still moving along
at a progressive rate, towards leaving
Toombs to be remembered only by bis
neglected tomb stone in the political
cemetry, together with his many
followers.
General .Garfield has discovered-
Southern Democratic newspaper which
is so dlscouraeed by th November
elections that it talks about the neces
sity of throwing off Bourbon dictation
In the South, and be concludes there
from that a split, in the Solid South Is
likely to come by 1880. He even has
doubts whether the 138 votes of the
South can be held for the Democratic
party In ,1880.
NOVEL LAW REPORTS.
imroKTO bt it-snu intm.-, sracut aaroaTmvl
INnte. An ct ot tha Legator vm puMd in
Octotwr. pruvidiinr inr lh orzniraLkm at
ieiwnt Huprm Court to ooQuint of three jvdxe$
i.p.niitoi by tiw (luvmnr for a term ending Juue,
Imi. The Vtute cnnmitntlon provtilee that the
jiHlgra shall he elected by the people; but the
''ch ku" held tht piuvWon did not pifcr the
nrenniit MtalM cA kttnir rnnil themunon the Oorernor.
pumiMiit to a ren.lut.iu of the " di kii," turned out'
Uie Sui.mne Judge elected by the people n ap
puinteil Jenm 1'Urii'k Chief JuHlue, Selflsh Keubea
end Peter Simple Aneociate Justice. It beinK m
portKiit lor the people to understand the nrinoipleien
which this new oaart nnders it decisions, then
apuiiaii which were not filed are bow published.
The Douglas Co. Road Company vs.
The C. aud G. Road Company.
HEAD NOTES.
1. "Old Doctrine." The "old doc
trines'' of the courts are subject to the
eternal law of change as developed
by the expounders of the unwritten
law through the " internal sugges
tions in the bias of jurisprudence."
2. Vested Rights. The phrase
"vested-rights," once the sheet anchor
of tRis republic, has now become a
relative term and has no fixed mean
ing except in reference to the cycle of
time in which it passes current. .
8. Cycles. The law of cnange per-
meates all nature. All things mun
dane are divided into cycles of ye r
Each cycle ia subject to the 1 aw of
change.
4. "Competition." Under the third
modern doctrine, "competition" b a
r uie of law whereby the property
of one person may be taken without
. pay and given to another-
4. Amicus Curke The modern
Jam u(nn,ir,us curiae" may be
uettned as a person who is a "friend
to the court," entitled under the third
- evele in the principle of vested rights,
to receive the benefits of the law of
"competition."
6. "Fly In the Ointment." The
"fir in the ointment" of logic Is the
failure to understand the effect of
change of practice on "old doctrines."
7. Practice. A minor question
standing in the way of the purpose o
this court, must be jumped over under
the well known rule or practice called
"Jump over." .
8. Uemble. Mob law is an obsolete
branch of legal learning, not to be re
garded under the modern refinements
of legal science. 1
TACTS. . ' . . ;.
Tbe Big Canyon Is 10 miles long and.
is in DousrUs ro juty. For manv years '
prior to 187S, lr had a traveled road
running tbr.MierU it, though the trav
el had varied tii- road in many places.
Eight rniles of it runs over U.S.
government 1h J. On the ;29th of
August, 1873. dv.'endaut was duly ir
corporated ut. r the laws of this
State fr the purpose of locating, sur
veyinjr, a-toptln-j and constructing a
turupike road through that canyon,
and in Sf ptember, 1873, it located, sur
veyed and adnjvted its corporate road
over euhstaiilhiUy the said traveled
muI. Immediately thereupon it com
menced the construction of iu aid
road and had expended on It about
$2,500, when in December 1873, the
eounry eouri or voogias county cie
elaml and laid out the same road as a
county road. About te same time
(Di-ctmber, I873J the plaintllT became
incorporated Tor the purpose of con
structing a road through said Canyon.
It laid out and surveyed a short pie :e
of road at the north end of the can
yon, which piece probably ran up to
aud connected with the old traveled
road; but it did not locate, survey and
adont the traveled road nor ih ponntv
road. On April 10, IST4, however.it ob-
laiueii anagreemeut (not entered on
the journal with the county court to
construct said traveled road and to
charge tolls thereon, 'thereupon liti
gation arose and in January : 1875 the
supreme court decided. 1. that the
travel! road wai a public highway
by dedication aud user in Ausr.. 1873;
aud 2) that the agreement of plain-
tia witn tue county court coum not
be deemed the agreement of that court
unless it was entered on its journal
Thereupon in February 1875 the defend'
ent, bavins ascertained that the trav
eled road was a public highway by
dedication, made an asceement with
tue county upon the extent, terms ana
conditions upon wnicu it might oe ap
propriated and used. I'lalutitt com'
menced procet dings to compel the
county court to enter (he agreement
of April 10, 1874, on its journal aud
finally in 1878 obtained a Judgement
of the supreme court tor that purpose.
Plaintiff then commenced this suit l
enjoin defendant from using the toll
road, to compel it to yield up lU
f 10,000 of improvements which It had
in tne meantime put on the i road ana
to recover $8,800 as damages. On the
trial the foreKoinir facts appeared, bu
piaiuuu iauu to inune any proot oi
the entry of Its agreement! iiimu the
journal or the county court. The cir
cuit juoge in tne 1st mstrfct decreet! tne
title or tne fruneiiise over tlie publie
road to be in plaintiff, with $7,000
uamaaes, and all cleft's SUUWO, wortn
ot improveiuents. Whereupon this
appeal was taken. . i
OVISION. '
Patrick, C. J,
delivering
the opin-
ion: - i .
An it appears hat both parties are
claiming a franchise over precisely the
same road, and as two bodies cannot oc
cupy the same ipace at the Same time,
It becomes necessary to deteritnina
which has the title to tlie franchise.
It is a question of franchise and not of
lease or contract. For a j lease of a
county road can only tie obtained by
becoming the lowest bidder after due
advertisement of the letting by the
county court as prescribed! in ch. 50,
tit.--3, p. 734 Vis. Laws of Oregon;
and a contract or agreement under
26 p. 630 ean only be obtained by ac
quiring the franchise or the right to
the franchise under the laws of emi
nent domain; it is plainly then a ques
tion of franchise; for it is not pretended
that the road was leased by either
party as the lowest bidder after due
advertisement. A franchise over a
county road is obtained by a duly or
ganized turnpike corporation as the
agent of the State, ia the exe reise of
the right of eminent domain and the
road is appropriated as aj matter of
right by the corporation opon compli
ance with -the law of its charter by
location survey and adoption, either
with or without an agreement of the
county court as to the amount of tolls
to be charged. As soon as It is organ
ized under the general statute of incor
poration, it becomes invested with the
right to locate on the public road just
precisely the same as If it had a special
act of the legislature allowing It to
make Its road through the Big Can-
?on over the public highway. Hav
ng located, surveyed and adopted the
county road as its corporate road it
has the right to appropriate the road
to its own use as its public highway,
whether the county court agrees to
permit it to charge tolls or not . The
agreement which the county court is
authorised to make by 20 is not an
agreement to allow Uie corporation to
acquire the title to the franchise over
the public highway, but, i after it has
acquired the right to the franchise
whether the county court : desires it or
not, then to agree to permit the corpo
ration to collect tolls. Its agreemeut
does -not give the title to the road but
onlv adds to the profits and value of
' that title, it is not itKeiy itnougn mat
the corporation, if it could not charge
tolls, would keep up the! road at its
own expense (unless it was a connect
ing link between different parts of a
toll road it owned) and incur liability
foi Injury to persons and things by
non-repair, but would abandon its!
franchise, and in case of nou-repair
or non-user it would be subject to for
feiture by the State on summary pro
coes. Tlie distinction between the
lease of a public road and the fran
chise over it is made clearer when we
consider that the latter i the act of
the State, by its legally authorized
agents, devoting the. public highway
to the higher use of a well-kept turn
pike, thereby destroying itbe county's
title (1 Ohio stat. 410) which becomes
vested In the corporation In fee simple
on condition subsequent; while the
lease is the act of the county, till retain
ing its title to the road, but providing
for the repair of the road by leasing to
some person or corporation in consid
eration of repairs, instead of taxing
the people of the neighborhood for
that purpose. . j
Ho we are brought to the considera
tion of the question whether either,
and which, of these rival corporations
has acquired the title to t,he turupike
franchise by the exercise Of the State's
right of eminent domain. The stat
ute (3? 23, 25 tit. 2 ch. 7 Mis. la ws) pro
vides") that a corporation must be
organized for the construction of the
turnpike and the general route spec! fl
ed; (2) that 'll may then enter upon any
land between the terminus of its road
and locate and survey the line of its
road. The location, survey, aud
adoption of the line are essential steps
to be taken because thereby it defines
the boundaries of its title and fran
chise, and this location cannot be de
parted from (i 25) thereafter except by
a solemn act of the corporation as pro
vided by tne statute. The adoption is
also essential because a mere experi
mental survey does not confer any
vested rights (Abb. Dig. Law. Corps,
p 629 239)and does not give the corpo
ration any pre-emption.; But when
the location survey and adoption have
beeome comolete the title! of the cor
poration is thereby made definite and
it is vested with the complete right to
appropriate the land so described.
Thereafter, until the corporation is
dissolved or its right declared forfeited
through a Judicial proceeding ror tnat
ourDose or it has made ia voluntary
abandonment no other corporation, as
against the first, ean acquire the fran
chise over the same ground. It is a
vested right protected by the consti
tution as much as one's own land er
hat. That this is so, is plain to the
commonest understanding; for who
ever heard of any second railroad cor
poration stepping In and taking away
the rights of tlie one which first sur
veyed located and adopted its route (
Ho, too, It is plain that the same rule
would apply where the turnpike- road
was- located entirely over private
laud, the corporation first locat
ing, surveying and adopting its spe
cific line has the exclusive right
to appropriate by purchase the land
over which It runs. No authority or
decisions are necessary to establish
this proposition. But stiil it is an
nounced as well settled law wherever
the question arises. It was so held in
23 CaL 330 where the court says: "By
Its priorty of location and appropria
tion the first company locating Its line
acquires a vested right to its line of
road andhe land necessary for Its con
struction of which it cannot bo divest
ed by another company who seek to
appropriate the land to the same use."
It was so held In 1 Gill, and J. 1, abb.
Dig. Law Corp. 6S3 13 where the court
says: "Tlie right to select and ac
quire land for tha authorized purpose
of a corporation is property. It is an
incorporeal hereditament not, a legal
title to the land itself, nor a mere ca
pacity or facility to acquire land such
as every individual possesses, out a
rigntor privilege to acquire tne legal
title to the laud subjected by the grant
to the will of the corrjoradon."- It
was so held in 1 8tockt.ch.63o.abb.Dlg.
Law. Corp. 1 .239 p. 62ft, where the
court says that "th oompany which
first surveyed and located and
adopted a route and filed ' the
survey in the proper office was entitled
to lioia tt." tne case or tne- vnarien
River bridge vs. ' Warren Bridge, 11
ter U. . 420 was where the legisla
ture ir ranted a brldire franchise to one
company without using auy words of
exclusive grant, and afterwards grant
ed a bridge franchise to anotner com
pany across the same river near by the
first. It was held that although this ;
new brldire took away some or the
travel it was lawful because uo exelu-
sive right was grauted by implication 1
to tne first bridge company except ;
upon the ground actually occupied by '
its bridge. But the cauyon road case j
id not a case oi parallel rimuu, x. a
i.any can acquire the ground actually
ignition nv inn nrsLioau. ii it were
a case of parallel roads there would 1
be uo conflict of title
This Drinlcrile then being defined
and established both on reaoou and au
thority, it follows that any copo ra
tion which has compl'ed with these
provisions has acquired a vested ex
clusive right to purchase the laud
along its line necessary or convenient
tor us road, ir it ruus over private
land: and this vested right cannot be
taken a way excent by a direct oroceed-
nf, .for ti a: puriose, in tue name or
tlie State fur a violatiou of the funda
mental conditions of its charter. The
next step iu tbe completion of its title
to live irancnise is the purchase or tne
land of private owuers. The statute
( 40, tit. J) requires the corporation to
attempt to agree witn tne owner, un
less be is absent from tue Mate, and
if they cannot agree an action may lie
brought in the court to condemn the
land to the purchase or payment of its
reasonable value. It is well settled by an
luoiity that iu such a case the attempt
to agree must have been made before
the action cau be maintained. But
suppose, In Uie case stated, the corpo
ration were to commence an action
before it attempted to agree and the
action wasdismissed. as it would he by
the court, would it be pretended that
the corporation thereby forfeited the
vested right it had already obtained by
its location, survey and adoption, or
would the only effect be the dismissal
of the action leaving the corporation
free to oiler to buy, and on failure
to - airree. then to bring an ac
tion to condemn the land ? Manifest
ly the latter result only could Mow
from this statu of tbe case. So, tx,
suppose the corporation were to go
on the private laud and commence the
construction or its road betoreitpui
chased or ottered to purchase the laud,
would it thereby forfeit its vested right
to purchase? To say that it would, is
manUe9tl y absurd, it is therefore ex
ceeding plain that it can purchase or
condemn the land and appropriate it at
auy time either before) or after it com
menced to construct its road. It
might not be sensible to construct be
fore it purchased, but it would forfeit
nothing of its vested right to purchase
by so doing. Now the provisions of
tlie statute for the appropriation or
acquisition of the title to the right
of way over private lands and public
highways are the same except that the
public li it'll way is not to be paid ror
Sec. 40 says: Whenever any corpO'
ration authorized to appropriate the
right of way is unable lo agree with
the owner as to compensation to be paid
therefor, or if such owner be absent
from this State, such corporation may
maintain an action to condemn the
land" Ac Sec. 26 says: "When it
shall be necessary or convenient in
tbe location of the road to appropriate
any part of auy public road the coun
ty court is authorized to agrve witn
the corporation constructing tbe road.
upon the extent, terms and conditions
upon which the same may be appro
priated or used and occupied by such
corporation ; and if such parties shall
be unable to agree thereon, suolt cor
poration may appropriate so mucn
thereof as may be necessary and con
veuient in the location of-said road.'
In this case,-aIso, even though tefore
the title to the county road could pass
to the corporation it might be neces
sary for that corporation to attempt to
agree with , the county court, yet if
for anv reason, the corporation
should occupy the highway before
such offer to agree, it is equally mani
fest that it would not thereby
forfeit its vested right to appropriate,
already acquired by location, survey
and adoption of the route or line for iu
road. Kven if it were essential that an
offer to agree should be made before
the complete title could pass, it would
only be necessary, a with private land
owners, for the corporation, at any
time thereafter to make an offer to
agree and if the county court refused,
its possession would then become law
ful and the title to Its franchise would
be complete. But it is manifest that
the clause providing that the county
court is authorized to agree upon the
extent, terms and conditions upon
which the road may be used is in
tended for the benefit; of the corpora
tion, and' may be waived by it if it
sees fit ; for upon that agreement de
pends the sole right or tne corporation
to collect the tolls which is tbeonlyreal
value of the road to the corporation
wheieits road Is wholly on the public
highway, if the county were entitled
to compensation from the corporation
ror the appropriation of tne highway,
like a private person, then the special
condition of an offer to agree or buy
would be ror the benefit ot tne county
and the appropriation or action to
condemn could not be made without
it. But, as we have seen, it is imma
terial whether the provision is for the
benefit of the county, or the corpora
tion, since tbe offer to agree may be
made at anytime, and the failure to
make the offer before commencing
worn, ones not rorrelt the vested right
to appropriate already acquired by lo
cation, survey and adoption, it re
quires something else to forfeit that a
non user or abandonment or some
other recognized ground of forfeiture
aud that only by a direct proceeding
for that purpose in the came of the
State for a violation of the conditions
on which tbe State delegated its right
oi eminent domain. .Now it is ad o; it
ted here that the defendant was the
first to become incorporated for the
construction of this big canyon turn
pike, and that it first located, sur
veyed and . adopted this route,
and that it agreed (February, 1875)
with the county court as provid
ed in 26 ; and there is no pre
teuse that its charter has been de
clared forfeited, or that it has ever
voluntarily abandoned Its franchise.
Tbe plaintiff lias never located, sur
veyed and adopted this public high
way ; but rests its claim to this toll
road and to the results of defendant's
money and labor solely upon a pre
tended agreement (not proved in this
cane as required by tne decisions in
6 Or., 318, 406) with the county court
giving it the right to collect tbe tolls
on the road In consideration of repairs.
That agreement, even if proved, is
void : as a lease, because it was made
without advertisement ; and as an
agreement under i.6, because that
agreement must be fouuded solely upon
toe corporate riant to tne franchise
over the road acquired through the
right of eminent domain as prescribed
by the statute, which it has confessed
ly never attempted to obtain, and
which it could not have obtained if it
had tried because that franchise was
already vested in defendant and had
never been divested out of that corpo
ration, nor been forfeited by it.
- These positions, as urged by able
counsel for defendant, are manifestly
sound law and conclusive logic nnder
the "old doctrine" of the courts, and
nnder that doctrine would plainly
entitle defendant to hold tbe road.
But the fundamental error of the de
fendant's counsel, the fly In the oint
ment of his logic, is the failure to ap
preciate the effect of the "unwritten
law" of change upon all old principles
of the courts. Under the operation of
that law, the phrase, "vested righto,"
becomes a relative term merely and
has no fixed meaning. -The case- of
the Charles River Bridge .la a happy
illustration. " The original dootrlne
was that a bridge franchise, without
words of exclusive grant, vested the
right to prevent any Mher bridge in
the neighborhood. When tiie Charles
River Bridge case arose, that doe
trine had been in existence a great
cycle of years. It had become "old
doctriDe ;" and that case held, a
bridge franchise, without words of ex
clusive grant, did not prevent a simi
lar franchise to another bridge in the
neighborhood, although it subtiacted
from the toils of the liret brldg", and
that the only exclusive vested right It
bad was in : thj ground actually
occupied by its bridge. Another
cycle of years has now passed.
Tne third suge of cnange now
uU'eeta that principles. The law of
of the CharleM River Bridge case has
itrndf btttuuis ''old doctrine" and ob-
i unlet, anil that bridce under the
modem doctrine could not nowlioid
au exclusive right even to the ground
occupied uy its unage. iue ruoue.u
doou iue Is that where the law or a
turnpike charter contain uo wtirds of
exiauaivegraiiv wv ciniuiuuu
exclusive, vesteii rights even iu the
actual ground covered by its road,
uuv u
other turnpike corporation (friends of
eucourage competition. And this rule
applies to all public corporations, to
ferries aud railroads. "It would be
mo cuuui mj m
uuwise and impoiltiu to construe the
statute so as to confer exclusive benefits
upon one corporation and exclude alt
others from the right to compete for
the public travel on the puoliu high
ways' (.Filed opinion). ' The statute
does not piovido that auy part of a
pubiic rood may be appropriated or
used and occupied by only one corpo
ration'' (Filed opinion). "We ougt-t
to eoustrue it for the public good rath
er than private g.tut or as conferring
eiclu-iive pnveleges upon any corjio
ration ; aud this c in only be done by
inviting competition" (b'ned opiuiou).
Some j-oople might call this by some
other name, but we call tt competi
tion, lhat acute metaphysian and
eminent "cli-ku" lawyer, Will Wall,
ot couusel tor plaintiff assures us that
his mind is clear upon tins pio, op
tion, aud that it is in harmony with
all the legt-l principles within his
knowledge. Of course this new doe
trine muxes the phrase "vested rights'
only a relative term and a myth, but it
rouuds oil tne stages aim completes
the third cycle of this principle.
These cycles of change permeate ail
nature. Asappnen to vesieu nguta it
has three stages. First. Exclusive
ownership. Second. Division of ti
tle. Third. "Uouipetition;" or the
right to late another's property with
out pay. As applied to the human
body, man is transformed every
seven years, and renovate-.!. As ap
plied to the mind, it is divided
iuto seven ages as that eminent Jurist,
w ill Shakespeare, says, viz :
"All the world's a stage
And all the men aud women merely players ;
Tuv have tueii ti ts and tueir enuauces ;
dud one mau iu bis lime plays many parts.
Ilia acts bviug lenen ages.
.-:' ...''
And then the justice.
In fair round b.lly with uooj caisia lined.
Willi eyes severe aud beard of formal cut,
r ail of wise-aws auu moaern iiistancus
And so he Hlys u18 i)ttrl- 1 " lxin age
shifts
Into the lean and slipperttd Lantaloon ;
With spectacles on n-we and p.juclt on side.
. .
L6t scene of all
That ends this rtrange eventful history
is st-coud ciludishuess and uu-re oblivion
tiaus tcelii, sans eyes, aui taste, sans eve-
ryiuiu-r.
Change is written upon all things
Man proposes and Qod disposes. Man
fondly establishes a principle aud
thinks it eternal, but times change
and men cnange witn them, t emper
ramutantur et nos vviocaiwur m
litis is the well settled legal uiaxiiu.
VVe see it iu the leaf, ttie flower, the
tree. The Ood of the winds sighs
mournfully as the Uod of change
stalks forth on bis accustomed mi:
sion. Alas 1 all things mundane must
fade. 'Tis sad. but true, let "I fully
endorse this," for it gives variety, and
variety is the spies of life. Sweet
scented aroma from Araby the blest.
Uurvenabie associate, Justice Simple,
used ; to learn the doctrine of the
Charles River Bridge case at the cele
brated Lebanon law school, but the
allotted cycle of years has rolled by
since then. Junius Brutus, too, learned
the doctrine of the second cycle at the
same school. Jiy the aid of the reno
vating principle. Justice Simple faint
ly understand tbe doctrine of the
third cycle. Junius Brutus never will:
he is a Bourbon who never learns any
thing new and never forgets. This
broud principle of legal philosophy
develops ''internal suggestions in the
bias of jurisprudence," and rarities
the internal consciousness iuto a high
er law It brightens my fane, 'lhe
fiery untamed steeds of genius course
through the boulevards of my capa
cious brain, aud principles aud "ulti
mate facts'' pass iu review and are
moulded at my pleasure. Would that
Justice fcSlmplo could fully feel its ef
fects. - His dray horse jog would
quicken into a canter and he would
become frisky as a colt. As It is, his
concurring opinions are really insipid,
lie must be suppressed. Elooueut
counsel have sought to stay the lid-t of
progress and overturn this principle of
the "unwritten law," Dut it is Oxed in
the deepest'foundations of tbe human
heart and reaches almost up to Heav
en not quite, but at least as high as
the tower of Babel. ;
We are, therefore, constrained by
these "internal suggestions" to give
this turnpike road with its tolls and
with defendant's $10,000 of improve
ments to the plaintiff; but we think
plaintiff asks too much of even the
principles of the "unwritten law"
when it demands $7,000 as damages.
The utmost refinements of our logic
cannot compass that demand, and the
decree below will be modified accord
ingly. Justice Simple need not be
afraid of being mobbed in Douglas
county, because he can go home by
the ocean aud up itogue river.
Another ground of reversal is urged
by defendant, based upon the fact that
there is no evidence of the actual en
try of plaintiff's agreement on the
journal of the county court. It is true
two decisions or this court have de
clared tbe journal entry to be the only
legal evidence of the agreement, but
all suqh minor questions as stand in
the way of the purpose of this court,
however well settled by adjudications,
will be jumped over, and this is justi
fied under the well-known rulo of
practice called "jump over." Hence,
too, arises the metaphoric reference in
this opinion to steeds and colts. Let
the decree be entered accordingly but
we distinctly forbid "that man'' Juni
us Brutus" to touch this case. We
doubt his sympathy with ns. Our
worthy co-at tutor. Sniffle of the "cll-
ku," in Portland, is our real reporter.
And, by the way, we must set tbe de
tractors of the "cli-ku" after "Junius
Brutus" and endeavor to be-little him
or he may "get away" with us. i
Ruben, J. dissenting.
I fullv agree with the "old doctrine"
declared by the majority of the court,
but 1 can't quite see tne new. it is too
thin I Besides that, by dissenting I
insure to myself the supportf the re
publicans who compose deft's corpora
tion, and pernaps get tue poweriui aiu
of Sol Abraham, an honest bedrock
democrat, who won't stand any fool
ishness. Patrick aud simple are notn
democrats and so are plaintiffs. I con
fess 1 am selfish, and where my inter
est and my sense of justice coincide I
will do the fair thing every time, you
bet I Nor do I fully endorse the doc
trine of "comity" heretofore declared
by a majority of this court. I have
never yet consented to It fully and. I
never will without some exceptions,
of which the situation of this ease is
one. Besides that also, I should fear
beinsr mobbed, for Will Shakespeare
surely forsaw this decision, when he-
said ;
"Can soch things be
And overcome as like a summer cloud
Without our special wonder. Y'
The original opinion In this case,
as delivered by KeIIy,C.J.,wiH appear
iu oar next Issue, together with the
dissenting opinion, of Judge Boise.
-
King of the Blood
Cures all Scrofulous affection and disorders result
ins; from Impurity of the bJeod. It te needleea to
pacify all, as the sufferat ema usually peroMTS their
cause i hut Soft Jtfcsiaa, JHttpUi, Clctrt, rmm
Goitrt, SwlUmgi, Ac, are the moat common, ae
well as many aifsetuwa of the Start, UuA,Wnt
and Sumach, . . .
SCROFULA.
Wonatrfdl Ours of SUni&HS. ' :
T. Renoir . Boa A Co. i Tor the tieneSt r n
troubled with Scrofula or Impure Blood in their
systems, I hereby reoommcna Kmc of tiw Bloo.
I hase been troubled with Berefula for the past tea
years, which eo affected my eyes that I wascoav
Eletely blind for six month, I was recommended
try King of tbe Blood, which has proved a (rest
blessing to me, as it baa omrtetely cured me, and
I cheerfully recommend it to all troubled as I ban
bean. Tours truly,
Has. 8. "WXiraiBUOw, Sardinia, K, Y.
will be paid to any Public Bnpital to be mutu
ally agreed upon, for sissi oertiacate of that mcdi
eiue published by ua whMtt ie not feouia.
Its Ingredieat8.
To show our faith in tbe sa- y aad exoausnoe of
tbe K. B., upon proper personal application, when
satisfied that no imposition is intended, we will
ire tha names of all itaimntedients.bT affidavit.
The above offers were never made before Yy tbe pro
prietor ox any osner r amuy jeeoKsne in 1 ne world.
Many testimonials, further information, and
full directions for using will be found ia the pam
phlet "Treatise on Diseases of the Blood,' ia
which each bottle is enclosed. .Price $1 per bottiecon
tainine; 12 ounces, or 40 to M doses. Soldbydrue
list. I). hVuiiaii, Boa A Co., Irop'n, Buffalo, MX
Land Notice. ; .
Ukiteo States Lasm Omc, )
Rosrbcro, IMtober 38th. 1879. f
TVrOTlCE IS HEUEBV U1VEN IN
oursunnce of the Act of ConurefrS of
June 3d, 1878. f-f tlis sale of limber lands
in the (Stales of California, Oregon, Nevada
and Washington Territory that William
Higghis ho filed liis application in this
fcffice for the purchase of the northeast
quarter of tli northeast quarter of section
13, township -t, soniii range s west.
Any and all :iwrons clsim'n? adversely
th alwvo diMjeribed land must file their
claim in the Uecister's office wituiu sixty
da vs from this date.
WM F. BENJAMIN,
, ttt-gister.
CO
H
cf
EH
O
P
m
K
!2i
S3
33
O
n
O ;
o -.
CH .
M T
o i
rt
M .
H -I
M. .
O
. r W
r 1 1 -i
wQ J
O
E; I
w
.In
tt .
w
o
"H
as
Is
W,
-M
o
3.
c
o
O
s
CM
'- Oi
11 tz
,
u
I
.3
' e.
If
be. a
Si
r-t
o
ha
a
It
o
.a. P. CAIIPSELL,
BOSEBURO, OREGON.
Office in S. Marks Si Co's. brick upstairs.
SHERIDAN,
(Successors to Hios. P. Sheridan)
DBAU5H8 IN
HARDWARE. TINWARlf, STOVES
- . Guns, Cutlery and Tir tiers' Fur
uisliing loo! r.
BRICX STGE, RCS t'JP.G, CGfi.
Havin2 secured ' the above business, we,
arc pn-pari-d to keep np its former good
name for work and prior. We hiive tlie
best of material and always a full stock of
g kJ a on haul, and ii is onr aim to fur
nish customers with Brsv-c'asa articles at
let live prices.
A full stock of Iron and Steel iar sale.
Orders from abroad will receive prompt
attention. If. 8. & J. C. EHEJUDAN.
BM. DAVIS, H. D,
PHYSICAIH AND SURGEON.
OFFICE UPSTAIRS IN S, MaRKS
& Co's brick buiMlng, Roseburg. Ore
gon. Private e-.nsultation room for pa
tieots. NOTICE TO DEBTOKS.
Wat inds Bros, request all indebted to
them to come aud make immediate settle
ment of their accounts, as they desire to
add to their present stock ol malt-rial, and
must h-ve the money due them at once.
WatXINDS Bnos.
notice;
.
AH debts and accounts due the firm
nf Parkins A Hendricks must be Paid
at once to the undersigned, and air
debts against the same firm must be
presented to the same. .
f. U. BiKtii.itAii, Jtteceiver.
Fine
Liquors and. Cigars
HAND CON STANLY.
Givetme a Call at
PALOON OPPOSITE HAFFENDElf'S?.
J. D. 1IANKS. PROP.
Chinese La"bor Furnished
D ai Kir ca-,
CONTRACTOR FOR LABOR, ROSE
BURG, Is prepared to furnish all kinds of Chinese
labor on the best of terms. Contractors
and others will do well to give him a call.
Inquire at W Qee Washbouae, or John
Lee, at Cosmopolitan hotel.
NEW STATE HOTEL,
Opposite W. F. Co's. Express Office,
CORNER 8d & CALIFORNIA
Streets, Jacksonville, Oregon.
Meals- at All Honrs,
New Booms and Clean Beds. Satisfaction
Guaranteed.
C. W. SAVAGE, Proprietor.
i -
-s-a MM&gLimrw&
ROSJCBUEG, 0GN.
Sheridan Bros.,
They would announce that they bare just
Larges Stools of Hardware
Ever brouffht to D a , let eonnty.and when added to their STOVES OF ALU PAT
TifiRNsi and RE AYMADE TINWARE, they are prepared to declare lliey have tlie
be. ni ply in their linerof any establiatment in Southern Oregon, which they propose
BSHina mmm rm&n Am om
can purchase elsewhere. . , , .
Ia the shape ot bu.Uiing mtUrials- in the way of locks, butts, etc, we can offer
superior inducements to. purchasers. Try us. , , ,. V ,
VVe ean give yea bargains in the following brands of stoves, not equalled else
whereBuck's, Bouauza. Farmer, Utility, Dexter, Pacific, Wide West, Clarendon,
Occident, Iron Ktnjr, Empire aty, and other stoves and tangos.
Tbe beet of workmen are constantly employed in the manufacture of our Tinware,
and- buyers should learn our prices. I
We have a!so baragins to offer In guns, such as Winchester, Sharp and other Bines,
bs well as in Shot-gnns an! I'intols , . '-'.
We are also Agents for th White, Peerless and Itew Home Sewing Machines, which
we sell at loweat rates and warrant as complete in every respect. ,
VVe can also sapply
Avcrill ant) Rubber PaiiiU.
The best in the mrket, at the lowest rates. , .
tliva ua a call inspect our stock. Inquire as to onr prices, and w promise to suit all if
any onecaa. ' w j SHEttlDA BROS.
SJ
MOUNT SCOTT Ml LUNG COMPANY
J. III. BOWfiEV,
WOJLD ANNOUNCE TO TUB U 'l
zone of Douglas county and : vicinity .unit
be has putchasej an interest ia . j
TrasTs 'Sawmill,
On lit. ' '
NORTH UMPQUA !
A nd has taken
FULL CONTOL OK THE SAME.
He fas had 20 years experience in tb
business of umber-uiakiug. and guaran
tees to all customers perfect satisfaction.
11a will deliver all kinds of
DRESSED AND PLAIN LUMBER
At Rnsebnrrr or elsewhere cheaper than
can be purchased irom any other mill, and,
all ordtrs will tie promptly titled. Con
tractors and builders will find it to their
advantage to inquire lor terms and prict-s.
He is also a pr.iciira' &rcliilct and build
r, and all having sue1! work will be hene-
ntted bv calling upon aim ue'ore going
eiHWhent. J 11. liuni,bl.
McGRKfJOR'S
BUTCHER SHOP !
Having purchased the buclier-slioti of 8
t'raiuiir, I sin now prepared to iurnish cus-
witu the tieest oi
BesffPork, Mutton
At lowest rates. I would call attention of
coiimimtr to the fact tbat 1 have one
the best cutters, and am prepared to fur
bish-meats as desired. Always tat cattle
on hand.
Give me a trial and If I do not suit you
as to quantity, quality and prices, then I
shall not complain il yon go eisewhere.
L. McGKEUOK
Bosebursr, OreoB,
COME AND SEE THE
HAFFE RIDERS
BROTIiEit
Have jUBt opened ''
First-Class PH0VISI 01?
-AND-
L
A Baraks & Co's. Old
Stand,
Their stock consists of
MD FAICY
G-R CEBIfe
Of the'cho .tb (,ctlity, c ftuclia
Counry Produce.
Tbey are prepared to and by their
'MOTTO :
Full WEIGHT
Choice STOCK
-AND-
Low PRICES
-FOR-
IOAISIH
FARMERS AND ALL OTHERS
WILL FIND A READY
MARKET HERE FOR ALL
CHOICE FRODUCE.
F.IF Ft K qTeEOTKERS.
SEW
Rbseburg; Or.
received and now have on hand one oi the
BLACK SMITHING,
Dearling Gibson,
OAKLAND, OQN.
Would announce to the public that
they are prepared with the best of materi
al to supply all dentinal in their ' line,
Having enjoyed over twenty years' expe
rience In their trade, all work performed
by thorn is guaranteed to be first-class, and
strictly sccording to order.
Gibson's Celebrated Har-
: revs,
FOR HALE BT J. W. STRANGE, K0SE
B0UO. Pronounced by all who have need tlicm to
be tne bt-st ever tnveuted, always on
hand and for sale cheap.
FARM MACIIINKKY" 1E
r AIR 1CD,
Give Them a CalL
The Promoter and Perfeetor of As
similation. Tbe Reformer and VltaUser of the
Blood.
The Producer and Invlsrorator of
Nerve 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 iteelf is directly dependent
upon some of them,
, By Its union with the blood and Its
effect upon the muscles, reestablishing
the one and toning the other, it is ca
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 ot Intellect
caused by 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, Epileptlo
Fits, Whooping Cough, Nervousness,
and Is a most wonderful adjunct to
other remedies In sustaining life duriog
the process of Diphtheria.
Do not be deceived by remedies bear
ing a similar name : no other prepara
tion is a substitute for this under any
circumstances.
Look out for the name and address
J. L FELLOWS', St John, N.B., on the
yellow wrapper in watermark, which U.
seen, by ftoldlnsJta. pepertreforert&e,
light. -
Prioe, $1.50 per Bottle, 6 for $7.50.
Sold by all Druggists.
PROPOSALS FOR BIDS
TO -
Keep the County Paupers.
QEALFD PROPOSALS WILL EE RE
celved at itho office of the Count?
Clerk for ihe care, maintalnence. c'othing
ana medical treatment of the Countv fau
pers for the term of two years from Febru
ary lotli, 1S3U, the Commissioners re
serving tberiiflit to aid destitute persons
temporarily. When tnt-y think necessarv
The- person or persons whose bid may be
accented, will be required to give bond to
the County Court for the faithful perform
ance of their respective duties in such sum
as may be determined on bv said court.
Each bid to designate the amount per week,
for each pauper. Tbe right to r ject any
or all bids is reserved. Paid bids will be
received np to 10 o'clock, A. M., of tbe
6th day of Jannary, 1880.
By order of the Court.
T. R EHEBIDAN.
nov8td Connty Clerk.
FOR X?.X3ST"X
-OK-
llark, Sideman & Co:,
CANYONVILLE, OREGON.
TUE FLOURING MILLS OF MESSRS,
Marks, Sideman & Co., at Canyon
ville, Oregon, are offered for rent, to any
responsible party. Tbe mills are doing a
profitable and fine business; they have all
the conveniences in the way of a hog pen,
smokeehonse, feeding troughs, scalding ap
para.ns, belonging to brat-class mills; and
the reason I have for renting is tbat I am
compelled to soon take my departure for
Germany. -For
further particulars, inquire at -the
mills, CanyonviDe.of A. F. 8CHULZR.
I. Fa W. SAUBSST, tt
Homeopathic Physician-.
ROSEBTJRG, OREGON,
WILL ATTEND TO
intrusted to hia c
his residence.
ALL CASES
are. Office at
SOtf
NOTICH,
MR. JOHN C. AXKEN
.- .
IS aEREBT AUTHORIZED TO ACT
as my agent and to transact all busi
ness for me and in my name in Douglas
county, and to collect all bills, rents and
accounts due me snd receipt for the same.
sou. ; JUSfcFU V. AIJUSN.
NOTICE OF ADMINISTRATION"
jmmOE IS HEREBY GIVEN THAT
aiw the undersigned has been appointed
administratrix of the estate of Nathan
Roberta: deceased, late of Dnutrlaa eonntr
Oregon; now, therefore, all persons are
hereby notified to present their claims
duly verified to roe at my residence ia
xoocalla in said county and State, on or
before six months from the date hereof.
MARTUA ROBERTS, Administratrix.
;YoDcalla, November 4, 1879. SOfiw.
P P ? . p 5
mm goods i
8.
Mnf
Woud Inform their patrons that they have moved to their new
brick store, and are in receipt of the '
LARGEST SIOCE OF
GENERAL MERCHANDISE
EVER BROUGHT
This Stock was selected by one of
can francisco market, and
LATEST PATTERNS IN
LADIES' FANCY and
PLAIN DRESS GOODS, '
LACES, EMBROIDERIES,
With as there is also to be found
a full assortment of
Ladies' XJITDEEWARE
la the Hoe ot Ladies', Misses aud
Childreus'
Shoes and Gutters.
Our stock is bo complete that lo
one can fail to be suited.
e
We have with the above a It'll
Stock ot
CHIUDHEU'S'
tVHlim 1! flfl'
ammm
W Inch we oner at the lowest
rates, and which will be
fouud satisfactory to all who
examine it.
ALSO A FULL AND
Groceries; Crockery, G-lassware
AND OF
- Bought and Highest Cash Price Paid for Them
Patrons will take notice that as our stocK was purchased after
the decline in prices in San Francisco, we are prepared to sell
goods cheaper than any other house in the city. .?
Roseeecrg, Oregon. S. , MARKS & CO,
ANOTHER TRIUMPH FOR THE WEBB-OT STATE
liohb mnriBY ' troubles
' NO MtJRE BACK. ACHES I
has long been noted for the wonderful variety of her nntaral resources. Her
vallies are stored with the chn-cest of Nature's lavish irifis firm be r.nm
Orec
hills an
these
Ik
vmentf ofiim u'i egtuessTrre ubiBg caarfftt out, audgrfcarorhsad-.dar)ttt) to tbe
Iter people. Tbe latest of these discoveries is : "
usttefn her peop
THE OREGON
A plant which grows in the mountain fastnesses which are seldom trodden by the
foot of man. This remedy presents tlio leaf in i;s natural state, and is not one of
those nauseous liquids, put to sell, and which too oiten cover anxious and deleterious
drugs, bnt js kind nature's owd remedy her "last, lst gift to mau " The -ea made
by steeping this 1-af is a CERTAIN AND SPEEDY CURE FOR ALL DISEASES
OF THE KIDNEYS AND URINARY ORGANS. 1 awistaaO
The leaf is pot up in air-tight tin caddies which preserve Intact its peculiar medi
cal properties and the decoction is made by the persou using it, thus secunnn Its aba
solute purity. .... .
There aie thousands afflicted with diseases of the kidneys or urinary organs who
suffer in silence rather than make known ibeir troubles. O hers seek relitf by tha
use of various patent medicines, which, if they do not rggravate the disease, at iessl
do not lessen it- Even those who secure tbe advice oi physicians often fail to get re
lit. owin? to the very complicated and delicate nature of the organs affected Tim :
OREGON KIDNEY TEA
a strictly vegetable production and will
not injure the euiai.et child, nor the most delicate woman, but will cure Pain in the '
back and Kidneys. Non-retention of Urine. Leucorrboja, Diabetes, Inflammation of
the Bladder or Kidneya, Brick Dust Deposit in trine, Painful or Suppressed Mona
stroitiou, snd all complaints arising from a diceaeed or debilitated slate of the kid
neys or urinary organs of either sex.
Many mists te tbe pains arising from detective action of the Kidnevs for RHEU
MATISM and in attempting to cure the latter by outward applications, fail entirely
to reach the seat of the disease. We do not offer the OREGON KIDNEY TEA as .a
specific for Rheumatism, but are satisfied that many cases of so-called RHLUilA
TISM would yield to its remedial virtues.
Foil directions in English and German Accompany Each Package,
Hundreds of Testbnordals received from some of our most respected citi
tens. -
Sold by all Druggists and General Dealers.
-rIFLT OB, 03SJ 3D . XDOXiIj.3L.
KQBH9 B&YtS & QQ.,PreptV' Portland, Qgtr.,
ole Ajronts for the Pioneer Woolen
Woolen Mills for North Pacific Coast
RErRK8ENTISO
Manufsctnres of the
STINDARD SHIRTS
-AMI
GENT'S FURNISHING GOODS.
67 and 69, FjjtSt, Portland, Os
"MEDLEY
VEGETABLE D!DRUFF
An entire new discovery. The best pre
paration for the hair tbat has ever been
presented to the public It will immed-.
atoly free the head from all dandruff and
scurf, and produce r new growth where it
has fallen off. It will atop the fallinir out
of the hair in a few days, ii faithfully ap
plied, and it will tnrn gray hair to Its
original color. , , .. .,
This vegetable remedy ia recommended
by a large number of physicians, and by
every one who has need it. It is sold at a
very low pries ia order to introduce it to
the Douglas county market
None genuine unless signed by the pro
prietor. , Address, JOHN MEDLEY,
r " Oakland, Oregon. ,
: Notice to Stockholders.
NOTICE IS HEREBY GIVEN THAT
there will he a meeting of tbe stock
holders oi the New Idrian Cinnabar Mining
company at Oakland, Oregon, on Tuesday
December 9th, 1879, 9 o'clock A. M , for
tbe purpose of electing directors. There
will be also a meeting of the board of di
rectors of said company at said time to
revise and rearrange the by-laws, and'
transact other business.
A. L. TODD, President
Atjbetjs Todd, Seo'y.,
.5 "9 9 9
low
We
TO ROSEBURG.
the morubere of the firm in thi
embraces all styles aud
SCARFS, COLLARS,
LINEN SU1 1'S, NECKTIES,
PARASOLS, KID GLOv EA
GENTLEMEN'S'
FUftCClSHtWG GQQB3
Under this heading thera is eves
ryming to please the tastes
ot all.
Every Latest Style In
troduced
And all Goods ot the best mate
rial and improved finish,
EMBRACING
Gentlemen8' Underwear,
EVERY STYLE YOUTHS'. CLOTII
IAG DRESS & BUSINESS SUITf,
HATS, CAPS, ETC
COMPLETE STOCK OF
LIQUORS,
KIDNEY TEA.
GO TO S. HAMILTON'S
HEY DRUGSTORE
FOB
Drugs, Paints, Oils, Varnish, Window and
Picture Glass, Stationery, Perfumery,
if you wish to purchase them cheaper,
than at any place sou'h ot
PORTLAND.
And keeps full lines of
EDWARD TODD k CO'S.G OLD
PENS, PENCILS, ETC,
SCHOOL BOOKS, NOVELS,
, LEGAL BLANKS.
Gtoth. Kat, M&M & TqsU.
Bptrshes, Pafnt, VJWts
wash9 Vapttlsh 6ArtUt'
Windsor and Newtons tube colors. Win
dow and Picture Glass, every size, at
bT"' bT,box PM- '"k
Bosks, - Writing Paper, envelopes, pens.
All new Patent Medicines in stock as
TOORDPa'f 'arrant GLSS CUT
1U OKDER, free of charge. Agent for
THREE MIXED PAINTS
Oray, Music Dealer, San Francisco.
loweTSfei0nSnedt Wlth the
triTrt!;, .8Jr im S8ible at right
nVht JbCkKKrrt " " "ours of the
night. Remember the p ace. Brick bnild.
g oppostte MetropoliuSt Holel, Llllt
IMPORTANT 'OTCE.
AthHfliln, 1?" Indebted
Uverv ;h?.0V r,8bt Cr!n. 'n the
w Zk?bS0 hereby notified
nouand t w!rttIem"n by cash o .
and thus
notice.
rr".B A"'s s the las4
- Jans. 4.1879
ttiUT & CARLON,