The Douglas independent., December 20, 1879, Image 2

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K J W jSJ ff r'J
niicpknt
u
SATl l Mr.,
.DCaSO, 1378
RESOLUTION Off ENDOKSKMENT
Vfr hkrkab, the Douglas Independent
. a newspaper published in "Roeeburg, has
been published la this county for the period
of three years ; and
. Whkkkab, slid newspaper is now wel
established, end during a three years' trial
h has faithfully served ihs interests of the
crodnerr and tax-payer; therefore be it
limited. We, the member of the X'mp-qaa-)ranif
No. 28, tie give Ths Douglas
iHDEJPKNDKXTour unqualified endosement.
sad wmld recommend it as a newspaper
worthy the jwironage of every farmer and
tax-payerin Southern Oregon.
' . J I OBO. W. JOSBS, Master.
J. P, Dukcah. Secretary.
Ij TO ADVERTISERS.
The DOUGLAS INDEPENDENT
has 'the largest circulation of any
paper published in Rosebarg in the
co unties of Douglas, Jackson and Coos,
and will furnish the proof of our asser
tion when demanded by responsible ad-
Tertwer.-" KELLY & WELLS.
LEARN SIX)W BUT SURELY.
In the Portland Standard ot the
12th instant, under the heading of "A
Word to Democrats," we find an ar
ticle containing some good advice to
the old and time-honored Democratic
party. The advice is in season and
very much needed. It Is manifest that
if something Is not done to unite and
harmonize the party, defeat total and
and complete will be its fate at the
next June election and also at the
November election for president. To
be candid, we may venture to say that
in the disorganized and broken condi
tion that the democratic party of this
Bute appears to be In, it seems to us
that there is no hope for it. The par
ty is without a leader. No good, ca
pable and strong man is at this critical
time to be found in the party to or
ganize and lead it to victory and suc
cess. In its ranks we And traitors of
the old time, and of the new or late
time. We find them not only in the
ranks but in high places, filling the
offices and filling their pockets with
the hard-earned money of the tax
payers as a reward for their treason.
We find in the ranks of that old party,
the corr npsionitte and thieves of the
late State administration, and. rings
and eorrupt'onlaU of the present ad
.ministration, and do doubt other cor
rupt rings exist in the party per
haps not an honest or patriotic man
among them all determined to role
or ruin. So divided, so corrupt and so
dishonesty how can the very distil
guiahed editor of the Standard hope to
bring about harmony in a party curs
ed with such material as we have
pointed out in a very modest way, and
in language too mud for the occasion.
T?2V$ :,. t v'-iV-tairs .ns t" say
of the democratic party is composed
of honest, industrious men patriotic
and true men who have at heart the
welfare and prosperity of our State
a id entire oountry ; but in truth, the
party is cursed with rings, made up of
old and new traitors and corruptlon
ists, and unfortunately baa no' honest,
capable, patriotic leader. How can it
succeed ?
We can only Bee one hope one way
only of success left to the old party,
and that is, by placing the whole
thing in the hands of the distin
. guished editor of the Standard. We
were on duty at the capital during the
entire session of pur State legislature,
and had the opportunity of witnes-
,1 sing the wonderful power and dictato
i 'rial manner and bearing and success
of the great editor. , A senator had to
be and was elected at that session.
There were many aspirants, among
them, two or three ex-Unite 1 8tat s
senators, ex-judges, and generals and
othera-rhenest and capable. For a
time one could hardly make np his
mind who the lucky man would be.
But ere long the great editor lead out
his man and politely notified ail oth
ers to stand back that his man must
be elected and he was. His power
and dictation were irresistable, and he
boasted of. hU success. That it was a
triumph over the old corrupt ring of
traitors ; and so and thus, he glorified
for days, holding that he had procured
the election of the most accomplished
- scholar and elegant gentleman that
had ever entered the United States
senate chamber and poor, old simple
Grizzly said amen! Now, we ask why
'don't this great editor and dictator go
out . and in his might put down all
tilssenBions in the Democratic party
and lead it to vlotory? The more the
glory will be his. " ,
But we are told that this great man
la now working for the rings old and
sew that he so lately denounced.
Who, we ask, can tell which one. of
them in '83 will this wonderful man
lead out and order the legislature to
elect to the United States senate? We
wait for an answer.
If it is true, as we believe that it Is,
that the Standard man Is now in the
service of the rings at and about Sa
lem, we have at present nothing
to say only this, that if the demo
cratic party is beaten -in '80) this won
derful editor will be to blame. The
sin will be his. Fools learn slowly, but
surely.
The Albany Democrat grumbles be
cause San Francisco lawyers and lead
ing San Francisco newspapers take ex
ceptions to the decisions of the su
preme' court in the Walker and Hew
it vs. Teal case, and speaks of the law
yers of San Franoisco as "Bbysters."
Mart, this looks bad in you, and lays
you open to .the suspicion that you
- have been "fed" after the same style,
and in the same manner as was Tony
. a short time ago. The Salem ring has
lots of "kale seed,'' and If you haven't
found it out, it is manifest that you
have taken yours in promises, while
the Standard man has made the ring
"com? down with the solid cash.
In view of the w' that flour ship
ped from this eountry-to Jiverpool
arrives there, comparatively in otte
conation than wheat, a company has
been organized ia Portland to con
struct a flouring mill eost of $100,
It seems that the Standard has
taken a dilikr to Hen. Owen, because
Owen
promts to organize a company
i ft Ti j , '
rnish P .rtland with a freSh wa-
ana lurnisn i' .rtiana with a irewi wa-
ter supply. til le in the legislature
we had reason tit ma what John llrmn
was after, awl noted the friendship of
Green for tb Standard. Green now is
chief mauay. r of the Portland water
works, and Owen's new enterprise, if
carried tbnnigb successfully, would
interfere with Green's profits and
probably leave him without an oppor-
tunltv to further ptnnh t.h ttril of
Portland. It Aiutma atr.no-.. nndr th
. . 7. " 1. . .
t-i.uuiiiBMioccB, mat tne atanaaru
takes np Green's case against Owen, i
Orlalnly Owen would be in oddosI-
tion to Green, and the obnosition
..
tuua naaae would create competition,
Competion means nothing less than a
straggle between two corporations in 1
this instance, a reduction ii present
water rates, and a consequent benefit
to the people of Portland. In it possl-
ble, we would, in earnestness inquire,
that John Green is now editor of the
Standard ? It might be that the arti
cle, though printed In the 'editorial
eolumna of the Standard, was an ad
vertisement-paia ror. we ui give
the Standard the benefit of a doubt, I
and say it was an advertisement, and
denv that John Green owns the ta-
per.
The Oregon City Enterprise would
claim the honor that is due a sincere,
honest republican paper. Though in
dependent of party, we cannot but ob
ject to an attempt upon the part of
any one to even impose upon a party.
Gov. Thayer is certainly responsible
for the acts of the present admin
IstratioD of State affairs and Gov
Thayer is a democrat. While the En
terprise claims to be republican, it
shows its love for the other Iside (1) in
defending the management of the
State penitentiary, shown by the Sa
lem Mercury to be unpardohably bad,
and (2) takes up the cudgel in defense
of the supreme court and Gov. Thayer
against "Junius Brutus." A republi
can paper J It reads more like a
Thayer organ, bought by an appoint
ment of a pettifoger to the officer of no
tary public !
A lawyer who edits the Oregon City
Enterprise wants "Junius Brutus" to
'hire a hall." It is not necessary for
"Junius Brutus" to do anything of the
kind. In the first place, his argu
ments are endorsed by the leading
lawyers of California and this State;
and bis opinions receive wider clrcula
tion through publication in California
and Oregon journals than; could be
given them in a hall, or through the
Oregon City Enterprise Joe Teal's
organ. " ;
We bear It stated that Mr. SoL Abra
ham will represent Douglas county at
the meeting of the democratic State
central committee, to be held at Salem
on the 6th of next month.' "Junius
Brutus" stated in his last report that
Mr. Abraham was a bedrock demo
crat, and the attendance of Sol. npoo
the committee's meeting is proof of
'Junius Brutus' " assertion.
Hold us while we laugh 1 The edi
tor of the Coos Bay News attempts to
pass judgment upon the legal learning
of "Junius Brutus!" Siglin should
have informed us of hisj!r appeoranct
as a clown, and we would have given
due notice. Now he is so redlculous
nothing la left us to do but smile.
tSCPSKSCE COlET. DECISION.,
The Douglas County Road Company,
responuent, . ;
' vs.
The Canyonville and Galesville Road
. Company, appellant.
SYLLABUS, i
A corporation was organized to con
struct a road, and locate a portion of
it uponpart oi a public road, but made
no application to the county court to
agrye upon the extent, terms and
conditions ' upon which - public
road might be used, as provided in
r'ec 4 of the corporation law. Af
terwards another corporation was
organized to construct a toad, and
agreed with the county court upon
the extent, terms and conditions
upon which the public road might
be appropriated as a part of its cor
porate road. Heed that the agree
ment with the corporation last
organized was valid, and that the
one first organized had i not the
exclusive right to contract with
the county court to appropriate, use
and occupy the public road, al
though it first surveyed and located
; the line of its road on the public
highway. L
Opinion by Kelly, C. J.
"The subject mtter of this contro
versy in one shape or another, has
been several times before this court,
and certain points of law and ques
tions of fact have been settled by its
decisions, which cannot any longer be
considered as open to controversy in
this suit. These matters so far as they
are res judicata, will be referred to
hereafter." The matter especially in
contention between the parties Is,
which of the corporations, the respond
ent or the appellant, is entititled to
establish a toll gate and collect tolls
on the road running through what is
known as the big canyou in Canyon
ville and Cow Creek precincts in Doug
las county, i
In 1853, a military road was laid out
under Major Alvord, by Jesse Apple
gate on substantially the same grounds
as that now occupied by the road in
controversy; and on the 16th of Janu
ary, 1854, the legislative assembly of
uregon territory, oy an act passed that
day, enacted " that the military road
from Myrtle Creek in Douglas county
to Jacksonville, Jackson county, be
and tie name Is hereby declared a
Territorial road "
By an act of the legislative assem
bly, approved October 29, I860, all ter
ritorial roads in this State were de
clared to be county roads, and by the
act of January 17, 1861, were placed
under the supervision of the county
court. In the case of Douglas County
Road Company vs. Abraham,! et al., 6
Oregon, 319, this court decided that
the same road referred to in this
suit, having been nsed continuously
for twenty-five years by the public, it
became a public highway by continu
ed and uninterrupted uso. There can
therefore, be no doubt that this road,
in August, 1873, when the corporate
appellant was organized, was a county
road, and under the supervision of the
county court or Douglas county. In
September, 1873, soon after its incor
rxna'ion.the anuellant emnioved J. W.
Webber to survey and locate its roai
through the lit a Canyon, and; it Is ad
mitted that the line of survey was
along and on the county road with
some slight deviations, which are of no
Importance in the consideration of
this case. In December, 1873, the
Douglas County Road Company, the
respondent, was. duly incorporated to
construct a plank and clay road
through the big canyou, commencing
at the southwest quarter of the north
east quarter or section 84, T. B0 S. K.
5 W., running thence in a southerly
direction and terminating all a point
where the military wagon . road
crossed the south line of Section 2, In
T. 32 8. R. 5. W. ; I
It is admitted that the Una of this
road which passed i through I the big
canyon, is along and upon the county
road and substantially over the same
route as that surveyed in September,
1873, by the appellant, for Its road, on
lHeki,bAr jlnril 71 tha roannnrfant
entered jnwlan smnxtant with thcourt enU-r into a contract to eo -
county eoun for the appropriation,
use and occupation 0f the road ia con
trovers jw in taU agreement, it
st ipulated that the respondent should
have the right to collect certaiu tolls
rof, travelling over the road;
and in consideration of this privilege
tne reBpoIuient covenanted to bridge
,ha M,miar.t nnnt4 In hri.la
thestreams,ana to seep tbehigliway in
good conditio! for the public travel.
I mi. : m ! i . . - . I il. .
,.1"''"
ma(i.2 r;nr&i laws of Oregon, tiace
530, Section 28: "Where it shall be
necessary or convenient In tne loca
tion of any road herein mentioned to
appropriate any part of any public
road, street, or alley. . or putmc
Krouods, the county court of the
county wherein such road, street,
alley or Public grounds tnay be, unless
within the corporate limits of a muni
eixm corporation, is authorized to
agree with the corporation, in con
structing the road, upon tne extent,
term8 and conditions upon which the
same mav oe aDoronnatea or useu auu
o - ,,,,,,, uAn rnroo rations, and lf
such parties shall be unable to agree
thereon, such corporation may at
nronriate so much thereof as may be
necessary and convenient in the loca
tion and construction of said road.'
Sec 28. Whenever sucn pimnc
htghwav or grounds is taken by a
private corporation by agree m tut with
the local authorities mentioned in
BAntinn 28. auch eorro ration may
place such gates thereon, ana cnarge
and receive such tolls thereat as such
I . I .. I. . 4 I n .1 w
consent to, oy
BUCh 8mea, fcnd none other."
, The aereemeut between the county
court and the respondeat beftrs referred
to was inied in tne omee or tne county
clerk but was not entered in the Jour
nal of te court, and for this want or
record, it is held by the majority of
this court that It was Ineriectuai ana
inadmlssable as evidence - in other
courts until it was entered upon the
records of the county court. And it
was only after Bractical litigation anu
through the mandatary power of this
court that it was finally, on the 31st
day of May, 1870, entered upon the
iournal of the county court. It is
unnecessary tiers to refer to tne His
tory of said litigation. Jt is fully set
forth in the opinion of the supreme
court iu the case of the Douglas County
Koau Ltompany vs. tne county oi
Douglas, 6 Oregon, 300. It must now
be considered as conclusively Bettiea,
so far as this court can settle auythiug
by auueatiens, mat tne agreement
entered into between the county court
of Douglas county and the respondent
on the 10th day of April. 1874, was a
valid contract, binding and conclusive
between the parties, to-wit: This
matter Is so fonzer open to contro
versy. But the appellant claims that
it was not a party to any of the liti
gation heretofore had concerning this
contract, it is not bound by the de
cision of the court in reference to it,
and it asserts that so far as its rights
are concerned, that contract was a
nulity. The appellant claims thatiu
the location of its road in s-eptember,
1873, it was necessary and convenient
for it to appropriate a part of the pub
tic highway running through the can
yon, and thatjhavlng surveyed and
located its line ef road along; the
line of the county load, before the in
corporation of ths Douglas County
Road Company, It had the exclusive
right to appropriate the county road
as a part of its own road, and that
It alone had the right by virte of its
first survey and location to enter into
an agreement with the county court
for the purpose of making and keep
ing the road in repair, and charging
toll to persona passing over It."
I The appellant had a right under the
law in relation to corporations, to
enter upon any lands between the ter
mini of its road for the purpose of exam
ining, surveying aad locating the line
of It, and to appropriate strip of land
not exceeding sixty feet ink width for
its road where the lands belong; to
private individuals. And it had also
the right in case it could not agree
with the owners thereof as to the com
pensation to be paid therefor, to main
tain action against such owner, to
have the value aseessed and the land
condemned and approprirted to its
own exclusive use. And we think
that if the appellant entered upon,
surveyed and selected any laud for its
road, which belonged to private per
sona,it had the exclusive right from the
time of such survey and I selection to
approrriate ths same, I and that ti e
;resiondent con Id not fn any way in
terfere with such right, nor construct
its road upon any such lands. But it
does not follow that, by surveying a
public highway, and making it a part
of its corpotate road, that the appell
ant thereoy acquired the right to ap
propriate the same to its exclusive
benefit; nor doss it follow that the
respondent had ne rtght to use such
public road as a part of its cjrporate
road in the same manner as tlie appell
ant. .The statute contemplates that
in the construction ef a road by a eoi
poration, it may sometimes be neces
sary or convenient to use part of a high
way, as where it nases through a
defile, or where it is difficult to con
struct road along side of the public
highway, and in such cases it is provid
ed that the public read,or so much there
of as may be necessary and conveni
ent, may be used, or in the words of
tne statute, "may be appropriated by
the corporation." The road anoroDri-
ated, is not, however, to be here un
derstood in the same sense as in the ap
propriation of lands belonging to pri
vate individuals where the corporation
becomes entitled to the property. By
the appropriation of part of a high
way the corporation acquires right
except to use the public road in com
mon with all others traveling upon it,
unless it makes an agreement with
the county court as provided in Sec
tion 26, above quoted. This section
of the statute does not provide that
any part of a public road "may be ap
priated, or used and occupied," by
only one corporation, nor that the
first one which so uses and occupies it
or which first surveys it, shall have
any exclusive privileges over any
other corporation which may sub
sequently be organized. And we
think it would be unwise and impoli
tic to construe the statute so ai to
confer exclusive benefits upon one cor
poration and exclude all others from
the right! to compete for tue public
travel on the public highways.
l'he old doctrine was that when
a grant 'of a franchise to con
struct a road, to build a bridge
or to keep a ferry, was made
to person or corporation, it was an ex
clusive privilege with which no other
person or corporation could interfere
by competition so as to lessen the
profits of the first grantee. But this
subject was thoroughly discussed in
the case of Charles Biver Bridge vs.
Warren Bridge, 11 Peters, 421; and
the right of exclusive franchises of
this kind in favor of the first grantee,
was completely overthrown. Indian
Canyon Road Co. vs. Robinson, is
Cai.,618. f
If we were to give the construction
to the statute esntended for, then the
anDellant having first surveyed and
(elected the part of the county road
ihrongh the big canyon could virtually
fix it own rate of tolls for traveling
over tne roaa, ana county - court
would either have to make a contract
acceedtng to its demands or suffer the
road to become impassible for want of
necessary repairs, li tne county court
should make no agreement, the ap
pellant could nevertheless appropriate
and use the road, while it would be
under no obligations to make any re
pairs upon it, and could refuse to do
so until necessity would compel the
court to yield to the terms demanded.
We do not say that this would have
been the case, but it might have been,
and we should not give such a con
struction to the law as would place it
in the power or any corporation to
exact Its own terms for the use of the
public roads of the State. We
ought to construe it for the
public good rather than private
gain, or as conferring exclusive privi
leges upon any corporation. And this
can only be done by inviting compe
tition, and by authorizing t tie county
court to confer that pri vlU-ge of taking
tolls on that corporation which
make the less onerous exactions oa
the traveling public
Although the appellant caused a
survey a nd location of its road t be
made in September, S&- yet from
that time untt-bfuary 8, 1875. it
made itppheaUon to the county
imrf and keer In repair the public
rosul leading tnrougn tne canyon, anu
for the ptiviU-ga of collecting tolls
therefrom. Indeed the evidence
shows that during all that time, the
appellant refused to recognise the ex
istence of any putilio roai through the
canyon, and ail money expended by it
In the construction of the road was
for the purpose of making a corpo
rate road, rather than to improve the
public highway. Und r these circum
stances the county coui-t had a rigUt
to enter into the agreement, of April
10th 1S74. That agreement this court
h is her tof re led to he a vaiid an;l
binding contract, and we eanuot now
question the correctness of Its decisions
upon this point.
It is ciaimea oy tne appeiwt ""
on the 15th day of January, 178, the
county cnurt of Douglas county re
voked aud annulled the agreement
eutered into by it with tberespouileu.
It is hardly necessary to call any au
thority to show that tais attempted
revocation without due processor law,
amounted to nothing.
Then rimlfc court rendered a decree
In favor t the respondent for $7,000
damages, sustained by reawn of tUe
wrongful acts oFthe appellant in col
lecting tolls from Feb. 1875, to May 1877.
1 his we think was erronous. At the
Decemt er term, 1874, thi . court, by it-
decree, adjudged that thf agreement
of April 10, 1874,- was neffectjal as a
contract because it was not entered
upon the journal of the county cour'.
And until it was so entered, the re
spondent refrained from cellecting
tolls from persons traveling on the
road. If it could not lawfully collect
these tolls from travelers, then neither
has it a right to recover them from the
appellant now even though it wrong-
tuny received them from porous trav
eliug on the road. The contract was
not entered on the county record until
May 30, 1878, but a few days before
the amended complaint was tiled, aud
the respondent was not therefore en
titled to recover auythiug in this suit
for the unlawful collection or tolls by
the appellant. With th a exception.
the 'decree cf the court below
is
affirmed.
Decree modified.
DISSENTING OPINIO BY BOISE, J
In this case I have not been able
to
aaree with a majority of the court In
their conclusions that the decrtelj this
case should be affirmed.
It appears from the evidence that
the appellant in August, 1873, becum
an organized corporation by electin
directors, and soon thereafter cause.
their road through the canyon to be
laid out, surveyed and located, which
survey was ad ptel by the board
of
directors as their location of sa.d
road, aud said company commenced
constructing their road' ou such loca
tion and had made considerable pro
gress therein before the Douglas Coun
ty Road Company was org.iuiised. Af
ter the appellant was organized aud
had located the line or their read, the
respondent also organized and located
a road over substantially the same
route, for it is evident from the testi
mony that there is but one route
through the canyon for a road. And
the first question in the case is, had
the appellant acquired by tnia location
such an interest in the route and that
part of the csunty road before con
structed through the canyon that it
could legally maintain the right of
way over said county road, and hold it
against the alleged rights of the re
spondent acquired through Its contract
with the county court of Douglas
county r
The statute, page 529, sec 23, pro
vides generally, ''that a corporation
organized to construct a road, shall
have the right to appropriate the lands
over which it may be located," and
sec. 25 provides "that such corporation
may appropriate such parts of any
county road as shall be necessary and
convenient in the construction of such
road."
In the flr.t instance, where the laud
of private persons are taken, the stat
ute points out how compensation shall
be made to owners of lands so taken,
for damages sustained by them for lo
cating the road over their lands, in
the case where the county road is ap-
propriatea, tne county court can agree
with the Corporation on the terms on
which said cennty road may be
used - by , the ... corporation. . But,
if the county court and the cor
pora' -o i anuet agree, then the
corporation may appropriate so much
of said county road as may be neces
sary and convenient in the location
and construction of said corporate
road.
Sec. 28 provides "that when such
public highway (or county road) is
taken oy agreement witn the county
court such corporation may place such
gates thereon ami charge such tods
thereat as the county court shall con
sent to in sucu agreement, ana none
other"
M" it appears from these provisions
of the statute that the corporation has
the right on the location of its line of
road to appropriate a county road
where necessary aud convenient,
whether the county court assent to it
or not, but have no right to charge
tolls on such county load unless the
same be liwed by an agreement
with the county court ; and the ob
ject of this agienncnt with the coun
ty court wouid seem to be to obtain
the right to collect tolls on the roads
so far appropriated ; for the county
court has no power to prevent the cor
poration from using such county road,
and their using the same f.r the pur
poses of travel would be u puoiic In
jury, and the rights of the public are
protected by the inhibition of the cor
poration from collecting tolls ou such
portions of the county road as are tak
en and used on the line of the crpo
rate road, unless the same are allowed
to be collected by an agreement with
the county court.
I think, therefore, that tbe appellant,
having first established its line i f road
through the eauyon, acquired thereby
tbe prior right to appropriate this
county road, aud that this right was
property of which they could not be
deprived by the actiou of tbe county
court. That is, that tbe appellant had
the same right to locate its road on
this county road as it had to locate it
over the lands oi private persons, and
that the only object in making an
agreement with the county court was
to obtain the privilege of putting a
gate on such county road and collect
ing tolls. !
lh' scare rival corporations, each
seekiug to secure the right to con
struct a road over substantially the
same route, and I think the one that
was first in time in organizing and lo
cating the route, thereby appropriated
it to tne exclusion or one less expedi
tious. It has been held in Maryland
In the case of the Chesapeake Canal
Co. vsOhio R R. Co., 4 Gill and 11
Tbop., the right to select and ncquire
land for the authorized purposes of a
corporation is property, it as an in
corporeal herlditament.not a legal title
to the land itself, nor a r.e-e capacity
or faculty to acquire the -land, such as
every individual possess, but a right
or privilege to acquire that right in
the land necessary to the enjoyment of
tbe franchise. And no corporation
after tbe previous grant of such right
to another can legally acquire any
such right of way over or title to the
lanl over which the franchise extends
as will binder the corporation first
acquiring the right from the enjoy
ment of its franchise and the same
doctrine is announced in the case of
West Bridge Co. vs. Dix. 16 Curtis,
802 ; also in the Massachusetts for
-Charleston Branch R. R. Co. vs. o. of
Middlesex, 7 Met. 78 : also Boston
Bridge Petitioners vs. County of Mid
dlesex, 10 Pick. 269 ; Abbott's Digest
Law of Corporations, se. 239 page 20.
think, therefore, that the Conyonville
nd Galesville lioad to. are first in
time and first in right in securing
their franchise.
It is claimed that (he appellant lost
its right to appropriate this county
road by not making application for au
agreement with the county court of
Douglas county beftae respondent
made an agreement, with such court
giving to respondent theigrh" to use
said county road. - ,f -s,
-This war w answered ty an illus
tration. Suppose thatv after the ap
te'luntliad organized nd proceeded
to locate the Hue of its road, that the
same crossed the land of a private
person ; and the respondent having
subsequently organized had proceeded
to sucn private person and by agree
ment with him got the right of way.
lie the appellant was dilllgently
rjursuinrr the buslnem of Wa lvailon.
tnr nemre it Had reacnea that part of
'he line over the land of sachvprivats
LJIMUUWMMS't'wi n!rwwj
person, suoh purchase would not de-
teat the right oi appellant to proceed
and appropriate the iaud for the use of
his former acquired right, of way over
It, and I think the some principle ap
plies to the appropriation of a county
road. It was first necessary for the
corporation to locate, ths line of its
roadoeiore oouiu iuuw now uiucu
and what part of said county road it
would be necessary and convenient to
appropriate. X do not think that the
decision of this court in a former ca e
artiruitug the order of the circuit court
to enter nun pre tune an order made oy
the county court of Douglas county on
lis records in any way settles or dete -
mines the right or appellant under its
corporate priveieges. These rights
were not itugaieu iu tnat case. ;
King of the Blood
Cam all Scrofulous affwtiees anA disorder Tssolt
tng from Impurity ef ths blood. It is wH i te
pacify all, as the ratfarst eu anally psreeire bii
eauw; but Sail Bhnm, iHmpUt, triors, restart,
Oour, ankuim?!, c, i wwt nm eonuaen, as
wall uaoy abctton at th Mauri, Md, Uvr
aua auauca.
SCROFULA.
Wonderful Cars, of Sllndaesi.
D. Bassoh, Sou k Co.: Ver ae bansflt of all
teoaUad with Scrofula or Impum Blood ia than
rrrtsms, I baroby neomoMad Kinf of th Elooa.
I ban ben troublad with Serefala tot U past
nua. which ao afitetad ar srss that I wassoav
slttelT bliad for us month. I was rseosai
to try King of th Blood, which has proved a mat
1U
bluing to au, as it has completely nusd au, sad
I cheerfully rwotamsod it to aU troubled I bare
one muri
Kas. 8, VatTiraaiisw, Sardinia, H. T.
3L '0 2 Q
will b Mid to sny Fablis Eomital to b santa.
ally trrM apon, for tTery etrtiucat ef this bmU-
m published by a wawh is not (bud.
Its Ingredienta.
To show oar faith la th afaty ad aeaHM of
the K. B., upon proper penonal application, whsa
satisfied that no imposition i intended, we will
give the ttamasof all it inrradient,by affidavit.
The above offer war ncvar mad tof or ry tbe pro
nrietnr of uf other Familr M ediana in the world.
Many tcsatlimoniai a. further infonaatiOB.aad
fall direction for asins; will b found in th pent
phlet "Trti on fit ef ths Blood," ia
which acb bottlta enclosed. Prle 1 pnbotti eon.
tainiac II ounces, or edteM dee. Sold by draw
S.aoa!,Soa Ok, Prep', BuXl,n.X
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Where to go lo Buy
H. C. ST-AlNTON
Wishes to announce to the public that
Santa Claus bas made bis bradauarters in
Koseburir, at tbe pTStofflee, and that be has
lor sale at thousand articles oi
And any Number of
For Old and Tonnjr,
Novelties ill China'w'aze.
Vases and cups.
And other articles so numerous that to
mention them would require a great deal
of time. , If you wact to see them all eati
at the PostotBce. where you will find not
only fine articles'but fine bargains.
H. C. STANTON.
OAKLAND ACABEHY I
OAKLAND, OREGON.
' '
The winter session of 12 weeks will com
mer.ee
On the5tli of January, 1880.
The spring session of 13 week will ecm
mence The 5th Day of April. 1880.
BATES OF TUITION :
jrrimary imparl nieni, nrst division, per
momh... ..$1 50
?ecnnu uivision. Arithmetic, Uimmmnr.
uecgraphv per month '..$175
university Arithmetic, Altrehra. Kntrlish
Anaty:s, Book keeping per nvuth f2 50
Latin, (Jmek, French, Uenuan, each per
m"nth 3 00
fainting ana drawing, per course of'12
eek .... $4 talsiO
Waxwork and Hair work per ruiirae of
leewins .... .. .....;. .flu oo
MUSIC, !S1 lersoim.... .flit W
Use of Piano.... .... .... .... ,...t 8 50
For further iolorrnatinu address
UEO. T. KrSCEIXj L. U B.
... T Principal.
QUAIiTERtY A1EETING-
if1" ... ':'r Sajlwaa '7'' ' . . V"
rfiHE BEGULAR QUARTERLY EX
aL amination of applicants for Teachers'
Certificates will be held In Koseliurg, Dee,
27tb, 1879, under the supervision of the
following Committee of Examination ; J.
M. Heard, J. W.Browne, J. W, Sirsnge.
: Roeeburg, Dec 11, 1809.
R0SJSBXJRG, OGJf.
THE ttQUQAYS.
Sheridan Bros.,
They would announce that they have jtist
Largest Stock
Ever brought to D-maas county, and when
TERNS and EE AY MADE TIN W ABE. they
besv eut ply in their linerof any eatablisbmeot in
OEHSS
can DurcUase elsewhere. .
in the sitape ot building mauriais- in
. ..... m w ...
superior inducements to purchasers. 1 ry us.
: We can give Tou bargains in the following brands of stoves, not equalled else
where Back's, Bonansa, Farmer. Utility, Dexter, Pacific, Wide West, Clarendon,
Occident, Iron King, Empire City, and other stoves sod ranges.
Tbe best of workmen are constantly employed in the manufacture of our Tinware,
and buyers should learn our price.
We have also bars gins to offer in guns, such as Winchester, Sharp and other Rifles,
s well as in Bbot-gsns ana ristnia. .
We ate also Agents for the White, Peerless
we sell at lowest rstes and warrant as complete m every resiect, .
: We can also supply .
Avcrill and Rubber Paints,
The beat in the market, at the lowest rstes.
Give as a call, inspect our stock, inquire as
any one can.
MOUNT SCOTT MILLING COMPANY
J. HI. KOWIsEY,
I
WOULD ANKOUSCB TO TUE C1T1-
tens of Douglas county and vicinity that
be has purchased an interest in
Oa the j
NORTH UMPQUA !
And has taken;
FULL CONTOL OF THE SAME.
He has had 20 years experience In the
busiaess of lumber-making, and guaran
tees to all custoruvrs perfect satisfaction.
lie will deliver all kinds of
DRESSED AND PLAIN LUMBER
At Rosebarg or elsewhere chr-aper than
can he purchased from any other mill, and,
ail ordtrs will re promptly nitea. jon
tractors and builders will find :t to their
advantage to inquire for terms and prices.
He is also a practical architect and build
er, sod all baviag such work will be bene
fitted by calling upon Jim be'ore going
eiswhere. J. M. llUWLfc.1
MCGREGOR'S
BUTCHER SHOP!
Having purchased the bucher-shop of S-
t'ramer, I am now prepared to furnish cus-
witl tue bnesi oi
B cefTPork, Mutton
At lowest rates, I would call attention of
consumer to the fact that I have one
the beat cutters, and am prepared to fur
nish, meal as desired. Always fat cattle
oa band.
Give me a trial and if I do not suit you
as to quantity, quality and prices, then J
snail not complain It yon go elsewhere.
L. MCGREGOR.
Roeeburg, Oregon.
CUM E AND SEE TUE
HAFFENDEN
BROTH E It
Have just opened a
First-Class PROVISION
-AND-
SIT OiiRiE
A . Baraks tf& Co's. Old
Stand,
Their stock consists of
MD
)CBRIEc
Of the'cho . es quality, e tudin
Counry Produce.
They are prepared to s and by their
MOTTO :
Full WEIGHT
Choice STOCK
-AND-
Low PRICES
-FOR
CASH
FARMERS AND ALL OTHERS
WILL FIND A READY
MARKET HERE FOR ALL
CHOICE PRODUCE,
mi KFE23TEES3
LUMBER ! miBIRi
. : - ' ' i '
HEW STQBB
Roseburg, Or.l
received and now liavroo hand one of the
of Hardware
added to their MOVJtS OF ALL. FAT I
are prepared to declare luey have the I
Southern Oregon, which they propose
TRMi Mia OSH -
tne way oi locts, dumb, etc, we can oner
9 ... a,. ..
? . i
and New Home Sewing Machlnes,which
to oar prices, and w promise to salt all if
t-HKHIDAH BKOS.
BLACK SmTIIINft,
Dearling Gibson,
OiFLiAND, OGN.
Would announce to the pnbhe that)
they are prepared with (he best of materi I
al te supply all deinanpe in tbeir line.
Haying enjoyed over twenty years expe-l
rience in their trade, all work performed I
by them Is (raaranteed to be first-class, and I
strictly according to order.
Gibson's Celebrated Har-1
- . 4 .
revws,
FOB HALE BT J. W. STRANGE, BOSE-
BUKO.
Pronounced by all who have used them to
be tue bt-st ever invented, always on
hand and fur sale cheap.
FARM MACIIIJTKKY KE
PAIRKD, Give Them a Call.
S'gll
Tbe Fieane ter an ferfeeter ef "Aa
The Kefomisr end Tltmllawr et She
The
er u
lavlaeenter ef
Nerve waM
cle.
The auiiaer aaa aanawrter ef Brals)
Fewer. fS'J?
Fellows' Compound Byrup is eon
posen ot Ingredients Identical with
those which constitute Healthy Blood,
Musple and Nerve and Brain Substance,
while life Itself Is directly dependent
upon some of them. -
By Its union with the hlood and Its
effect upon the muscles, reestablishing
the one and toning the other, it la ea-
pable of effecting the foUowtng-reeulta :
It will displace or wash out tubercu
lous matter, and thus euro Consumption
By Increasing Nervous and Muscular
Vigor, it will cure TysoepsU, 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, Bt. Vitas Snnee, JSpIleptle
Kt. Whooping Cough, Nervousness,
sod Is a most wonderful adjunct to
other remedies In sustaining life during
the process of Diphtheria.
Do not be deceived hy remedies bear
ing a similar name :' no other prepara
tion is a substitute for this under any
circumstances. , ;
Look out for the name and addreea
J. 2, FELLOWS', St. John, N.B.. on the
yeQow wrapper in watermark, which la
seen by holding the paper before the
light. 'v
Price, $1.50 per Bottle, 6 tor 97.60.
Bold by all Druggists.
PROPOSALS FOB BIDS
Keep the Cornty Paupers.
CfEALKD PROPOSALS WILL BE RE-
' celved at the office of the County
Hera !or the care, maintamence. clothing
and medical treatment of .the County Pau
pers tor the term of two year frnra Febru
ary 16th, the Commissioners re.
servinn; the richt to aid destitute persons
temporarily, When they think necessary.
The person or persons whoso bid may be
accepted, will be required to give bond to
the County Court for the laithful perform
ance of their resjective duties in such sum
as may be determined on by said court.
Each bid to desiirnate the amount per week,
for each pauper. The riiiht to reject anv
or all bids is reserved. Kaid bids will be
received up to 10 o'clock. A., at., of the
6th day ol January, 1880.
By. order of the Court.
T. B. SHERIDAN.
nov8td f County Clerk
FOR SLUUM'J?.
m Fl.(lll(l HULLS
Harks, Sidem&n & Co.,
CAN TON VILLE, OREGON.
. " i .
TIE FLOURING MILL80F MESSRS,
Marks, Bideman & Co.,' at Canjwn
ville, Orefron, are offered for rent, to any
responsible party. The mills are doing a
profitable and dne business; they have all
the convenience-! in the war of a hoc ran.
smoketiiase, feeding trourh, scalding ap-
para.ns. Belonging to Dm-ciin mills; ana
the reason 1 have for remittal is that I am
compelled to soon take my departure for
tiermany.
tor further particulars, lna aire at the
mills, CanyonviKe.of A. F. BCHULZE.
h F W. EAU3SST, H. .
Honeopatliio Physician,
R0SEBURQ, OREGON,
WILI ATTEND TO ALL CASES
in trust rd to bin em. ClfRrit at
his residence.
30tf
NOTICE,
MR. JOHN C. AIKEir
.? HEREBY AUTHORIZED TO ACT
as my agent and to lrH3sct all busii
pew for nieand in my uhhio in Douglas
county, and to collect ail hills, rents and
accounts due me and receipt (or the same.
euir. , jskfu c aiken.
NOTICE OF ADMINISTRATION.
NOTICE IS HEREBY GIVEN THAT
the undersigned lms been appointed
administratrix of the tata of Nathan
Roberts, deceased, late of Douglas countr.
Oregon; now, therefore, all persons are
hereby notified to present their claims
duly verified to me at my residence in
xoncalla in said errunty and state on or
before six months from the date hereof. -MARTHA
ROBERTS, Administratrix.
Yonealla, November 4. 183). ftOfiw.
(J -J p p !j
mm mm i
n
Woud lafena their patrons that
brick store, and are in receipt ot the
LARGEST STOCK OF
GENERAL MERCHANDISE
EVER BROUGHT
Tbu Stock W selected by one of
Bm Francisco market, and
1 ATE ST PATTEUHTS II
LADIES FANCY and
PLAIN DRESS GOODS,
LACEa, E4LBUOIDER1ES,
With as thara is also to be fonnd
a fall assortment of
Ladies' TRnDERWARI.
aS
In the lina ot Ladies', Misses and
Childrens'
Shoes and Gailcr,
Oar stock is s complete that bo
one can fail to be suited.
Wa have mth tbe above a fell
-Stock of
crnT.im-irrcs'
FUMHii GO JDS !
; W tiica we oner at tbe lowest
rates, aad which will be
found sjMutactorj to all who
examine it.
A180 A FULL AND
Q-rocciica, Crockery, GIobqx7zuo
AND OF
Cfrda. "w7col and Produce cf Every Sescnpticn
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.
UosnSBinta, Uregon. . MARKS & CO.
?'"'M,'"''11 11 ""' " I III- II 1 Si II . ..a.. i win sjf
ANOTHER TRIUMPH F03 TH5 VebB-OT STATE
no Lionn hidjet mo ublus
NO ilORE J3ACK ACIIES !
Oregea he long been noted for the wonderful variety of her natural resource. Her
bills and Tallies are stored with the choicest of Nature's lavish (rifts. One by one
these d enseals of her greatness are being sought out, understood and adapted to the
use of bet people. The latest of these discoveries is
THE OREGON KIDNEY TEA,
A plant which grows in the mountain fastnesses which are seldom trodden by the
foot of mas. This remedy presents the leaf in i.e natural state, and is not one of .
' those aaaseoas liquids, put to sell, and which too ouen over ioxious and deleterious
drags, bat is kiad nature's own remedy her "last, best jrift tS man." Tbe sea made
by steepinf this leaf is a CERTAIN AND SPEEDY CUBE FOR ALL DISEASES
OF TH KIDNETS AND CRINARr ORGANS.
Tbe leaf Is pat np in air-tight tin caddies which preserve intact its peculiar medl
eal properties sad the decoction is made by the person using it, thus securing its ah
solute parity.
There ee thousands afflicted with diseases of the kidneys or urinary orpins who .
suffer in silence rather than make known their troubles. O ht-rs seek relief by the
use ef varieas patent medicines, which, if they do not rggravate the disease, at lesat
do not lees a iu Even those who secure the advice of physicians often fail to get re
liet. owlat; to the very complicated and delicate nalnre of the organs affected The
ORECrOlT KIDNEY TEA " a strictly vegetable production and will
not injare the snial est child, nor the ni-wt delicate woman, but'will cure Pain in the "
back aad Kidneys, Non-retention of Urine. Lescorrhcea, Diabetes,' Inflammation of
tbe Bladder or Kidneys, Brick Dust Deinwit ia Crine, Painful or Eupprei&ed Men
stra tio, aad all mmplaints arising trtmi a dieeased or d-Lilitated state of the kid
neya or rinnry organs of either sex.
Many mistake the pains arising from defective aotion of the Kidneys for RHEUe
UATISM, aad la attempting to cure the latter by ontward application's, fail entirely
to reach the seat of the disease. We do not offer the OREGON K1D EY TEA as va '
speeifiefer Rheumatism, but are satisfied that many cases of so-called UBfcUMA
TlSM would yield to its remedial virtues.
Fall direetions In English and German Accompany Each Package,
Htmdrtds f Testimonials received from somt of ow most respected citks
"!.!''' zens. .
Sold hy all Druggists aud General Dealers.
PRICE, E) . X30XjI.X.
ole Areata for the Pioneer Woolen
Woolea Kills for North Pacific Coast.
Maanrsctures of the
STANDARD SDIRTS
GENTS JTURNISHIXG GOODS.
J aaA M. Foot St. Por;laud, Oga
at XDLEY fr- -
An entire aew discovery. The best pre
paration tor the hair that has ever been
presented lo tbe public. It will immed-.
ately free the head from all dandruff and
scurf, and produce r new growth where it
has (alien off. It will atop the falling out
of the heir la a few days, ii faithfully ap
plied, aad it will turn gray hair to its
original eole.
This vegetable remedy is recommended
by a Isrge number of physicians, and by
every one who has used it. It is sold at a
very low price ia order to inuoduce it to
the Douglas county market
None genuine unles signed bv the pro
prietor. Address, JOHN MEDLr.Y,
.. i -.. Oakland. Oregon.
S'otiott to Stockbolders.
NOTICE IS HEREBY GIVEN THAT
there will be a meeting of the stock
holders oi the New Idrian Cinnabar Mining
company at Oakland, Oregon, on Tuesday
December 9tb, 1879, 9 o'clock a. u , for
the purpose of electing directors. There
will be also a meeting of the board of di
rector of said company at said time to
revise and rearrange the by-laws, aad
transact otlutr business.
A. L. TODD, President
Tozr, See?.,
3
they have moved to their new
TO ROSEB.URG.
tbe members of tbe firm in ths
embraces all styles aad -
SCARFS, COLLARS,
LINEN SUITS, NECKTIES,
PARASOLS, KID GLO V S
GENTLEMENS'
Under this heading thera is ere-
rjtning to please Uie tastes
of all.
Every Latest Style In
troduced
And all Goods ot tbe best mate
rials and improved finish,
IMBRACJOfO
Oemt2emexLn, Underweari
KVEKY
STYLE TOOTHS
CLOTH-
DRESS & BUSINESS SUITS,
HATS, CAPS, ETC .
COMPLETE STOCK OF
LIQUORS,
GO TO S. HAMILTON'S
nnu DRUGSTonn
,, FOB '
Drugs, Paints, Oils, Varnish, Window an
Picture Glass, Stationery, Perfumery,
If yea wish to purchase them cheapen
than at any plaoe sou'h ot
PORTLAND..
- Aad keeps fall lines of
EDWARD TODDi CO'&GOLD
PINS, PENCIL8, ETCV
SCHOOL BOOKS, NOVELS,
LEGAL BLANKS. -
HintsKes, Palcit, TMt
wash. X&mhh hihVn
Windsor and Newtons tube colors. Win
dow and Picture Glass, every size, at
lowest Price, by box r pane. Blank
Books, Writing Paper, eo vein pea, peav
All new Patent Medicines in stock as
demand will warrant, GLASS CUT
TO ORDER. Tree of charge. Agent foi '
tjues mixed paints
The celebrated and thoronghlv tested PA
C1F1C KUBRER PAINT, The IM
PERISHAJiLK PAINT, amf The
ENAMEL PAINT. Agent for M.
Gray t. Music Dealer, Kan Francisco.
' Preacriptions filled with dii-patch, at a he
lowest rates.- huire jg accessible al Tight
windQW on tack str-t at all hour of the
night. Remember th place. Brkk bulld
og oppwite Jleiruoliian Hotel, Rowjourg,
Orejjon. '
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