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About The Daily Astorian. (Astoria, Or.) 1876-1883 | View Entire Issue (March 9, 1883)
Astoria, Oregon, Friday Morning, March 9, 1883.
THE LAW OP MISTAKES.
The source of every law-suit is
to be found in mistakes. These
are of two kinds: Mistakes of
fact, and mistakes of law. Expe
rience has proved that the ablest
men sometimes make blunders,
and the law has decided that a
real mistake of fact in an import
ant part ol a contract will excuse
the party mistaken from perform
ing his part of the agreement.
For instance: ai man made a
contract with one ice company
and refused to deal with another.
When the bill was presented he
found that the latter company had
supplied his ice. He refused to
pay the bill, and it was decided
that the mistake freed him from
A horse was sold by a trader
and paid for on the spot. "While
the trade was going on the horse
died. The buyer brought suit for
the money paid, and it was de
cided that it should be paid back,
since both parties had made a
mistake of fact, in supposing the
horse to be alive when the trade
If a farmer intending to sell hay
sells oats by mistake instead, he
may refuse to deliver the oats on
that ground. It sometimes hap
pens that a bill is paid by mistake
with counterfeit bank notes. In
such case the payment is void and
the receipt taken is worthless.
A mistake in the quality of the
thing bargained for is no ground
for breaking an agreement. If a
man buys a cheap thing, with the
idea that it will serve his puprose
as well as.a more expensive article,
he can not, because he was mis
taken, send it back and recover
the money paid.
A mistake of law is no ground
for refusing to carry out a contract.
This rule is founded on the old
maxim, "Ignorance of the law
doth not excuse." And every
man is supposed to know the law
of the land he lives in.
Suppose a debtor gives his note,
promising to pay a sum of money
with lawful interest, thinking that
the legal rate is six per cent. If
ten per cent is the legal rate, his
ignorance of the fact will not ex
cuse him from paying the ten per
When well-known legal words
are used in a contract, with a mis
taken idea of their meaning, they
are binding, in- their legal sense,
upon the person using them.
If land be deeded to a man and
to his heirs, he receives the estate
absolutely, although both parties
intended that lie should only have
the estate during his own life.
Some mistakes of law put an
end to agreements on the ground
that they are rather mistakes of
fact than of law. An executor of
a will pays money to a person
whom he thinks is an heir. If the
supposed heir be an impostor, the
monoy can be recovered. If, un
der a complicated will, a person
buj's rights which are his already,
he may get back what he paid for
Mistakes of law in civil cases
only cost money; but mistakes of
the criminal law have more seri
ous effects, in the loss of respecta
bility and reputation. Here the
plea of ignorance of the law will
not be. accepted. A criminal
must suffer the penalty of his
deed, though he thought it lawful
when he committed it.
Formerly an outlaw might be
slain by anybody; but if a private
person should now kill an outlaw,
with the idea that he had a right
to do so, it would be punishable
An old law book gives a curi
ous instance of the plea of ignor
ance. John Johnstone, a Scotch
man, was tried for stealing and
marrying one Mary Wharton, an
heiress, "to the great displeasure
of Almighty God, to the great dis
paragement of the said Mary, and
to the utter sorrow and affection
of her friends." When he was
found guilty and sentenced, he
asked, with surprise, if it was a
hangiag matter. He was told
that it was, and was sentenced
and "executed on a gibbet before
his lady's door in Great Queen
Rules of the Club.
"Heah am a letter," said the old
man as he held up a missive,
"dated at Washington an' writ in
a splendid han', axin' to have de
posihun of dis club on varus quesh
uns an' subjicks defined fur de
benefit of de public. De secreta
ry of state kin post up in liis office
de follenn' facts:
"On religun dis club rather
leans to de Baptist kind, but
am not so bigoted as to stan' idly
by an' see a Methodist church con
sumed by fiah or car'd off by a
"On pollyticks we wote split
tickets, aimin' to elect de smaller
rascal an' to beat de mashcen nom
inashuns. "As to free trade and protec-
tion, dis club can't express its con
tempt fur a gov'ment which levies
a tariff of ten per cent, on women's
corsets an' can't bring a million
dollar official embezzler to justice.
"On civil sarvice reform we
doan' slop ober worf shucks. De
cry am as holler as an old log an'
as thin as the woice of a Connecti
"On social etikette, we eat wid a
fork, address ebery gem'lan as
'Kernel,' an' we ginnerally man
age to start fur home befo' bein'
"On de temperance queshum,
we argy dat if a man doan' know
mo' dan to let whisky git de upper-hold
ob him he'd better be
tied to some lamp-post whar' do
fool-killer kin find him.
'As to do labor queshum. pay
fa'r wages, demand sqar' work, an'
keep de jail doors open for dema
gogues who encourage kicks an'
"Dat's whar' an' how we. stan',
from ebery Sunday mornin' lo
Saturday night, an' 1 maj' add dat
we shall be happ at any time to
counsel wid congress, gin advice
to the legislachure, an' frow out
waluable suggeshiums to social
bodies. Let us now attack de
reg'lar programme of bizness."
There is a peculiar but highly
successful colony of immigrants in
Kansas, who call themselves Ger
man Russian farmers. They arc
probably agriculturists from the
border country between Russia
and Germany, or from one of the
German settlements in Russian
territory. The Kansas settlement
is called Herzog, and is situated
about a mile Irom the railroad sta
tion of Victoria, on the Kansas
Pacific Railroad. These settlers
are frugal, sober, and industrious
in a high degree, and display in
telligence and practical seuse in
their labor. They show this par
ticularly in the purchase of the
best labor-saving machinery, with
out regard to its cost. They ad
here with singular persistency to
the attire to which they were ac
customed in Europe, and the trav
eler passing through their settle
ment beholds costumes that be
long to the past century.
The Texas legislature has de
feated the prohibition measure by
an overwhelming vote, and also
passed a resolution to purchase
the Alamo site in San Antonio for
It has recently been decided by
the secretary of the interior that
the timber culture law of June 14,
187S, restricts a contest against a
timber culture entry to one who
seeks to enter under the home
stead or timber culture laws, and
in the absence of an application
to enter the laud embraced in the
contested ent under either of
said laws there is no right of con
test. Hereafter persons who con
test timber culture entries will be
required to file with their affina
vits of contest an application to
enter the land contested under
the homestead or timber culture
law. Tinder said decision an ap
plication to file a pre-emption de
claratory statement will not enti
tle the contestant to the preference
right to file upon the land contested.
There are eleven states in which
women can vote at the election for
school directors. "Women for
these offices," says Susan B. An
thony, "are particularly appropri
ate, since a large proportion of the
school teachers are of the same
sex. I find that they show much
more tact than men, as, of course
they do in ever position." In
those eleven states the qualifica
tions for voting are in nearl every
instance similar to those of men.
In Kentucky, however, a woman
has to be a widow to poll, and in
Michigan a taxpayer.
Tills powder never varies. A marvel of
purity, .strength and whoIe.somene.ss. More
economical titan the ord nary kinds, and
cannot be sold in comp tltlon with the mul
titude of low test, short weight, alum or
phosphate iKiwders. Sold wily in ctti,
KovAL Baking row dkk Co.. ice "Wall-it.
w STOBIACH &
Invalids who arc recovering vital stamina,
declare in grateful terms their appreciation
of tho moriU as a tonic, of liostctter's Stom
ach Bitters. Not only doci it impart strength
to tho weak, but it also corrects an irregular
acid state of tho stomach, makes tho bowels
act at proper intervals, gives case to those
who suffer from rheumatic and kidney troub
les, and conquers as well as prevents fever
For sale by all Djugsists and Dealers
W. E. DEMENT & CO.
ASTORIA, - - - OREGON
Carry in Stock,
DRUGS, CHEMICALS, TOILET
H V CELEBRATED X
I ? 163 gaYW I
Neuraqfa, Sciatica, Lumbaqo,
Backache, Soreness of ike Chest,
Gout, Quinsy, Sore Throat, Sweflr
ings and Sprains, Burns and
Scalds, General Bcdily
Tooth, Ear and Headache, Frosted
Feet and Ears, and all other
Pains and Aches.
No Pit para Hon on earth equals Sr. Jacocs Oil
u & safe, sure, simple and cheap External
Bemedj. A trial entails bat the co-jparathely
trifling outlay of 50 Cents, and erery one suffer
ing with pain can haTO cheap and paittre proof
of iu claims.
Directions in Beren Languages.
A. VOGEXJER & CO.,
Haiti more, 2ZO., XT. S. A.
The population of the earth has
long been a fascinating study for
the statisticans Behm and "Wagner,
who have just published an amend
ed addition of a former work in
Germany. They give the total as
1,433,887,500 which is about 22,
000,000 less than their estimate
two years ago. The- have con
cluded that China has '50,000,000
less than they formerly supposed.
There has thns been a natural in
crease of 3S,000,000 in the popula
tion of the globe an increase,
however, that must bespread over
ten 3Tears, as many of the recent
censuses are decennial.
j Gents: About nine years ago I li:ul n
child two years old and :ilmot dead. The
! doctor I had attending her could not tell
what ailed iter. 1 asked him if be did 1 ot
think it was worms. lie miM no. How
ever, this did not satisfy me, as I fru on
vincetl in my own mind that she it -l. 1
obtained a bottle of 1K. C. aicL-ANI.-i
I gavn her a teaspoonful in the morning
and another ntnigluiftcrwliich she j um1
seventy-two worms anil was a xct . iiiM.
Since then I have never been wit: t tit it
In my family. The health of my cli.l inn
remained o good titnt I had in git Km I
watching their actions until nltcttt tunc
weeks ago, when two of them I'nr-eMed
the same .sickly appearance that 1-Vmiv
did nine years ago. So I thought it must
be worms, and went to work at one e lth
a iMittic of dk. c. 3icL.A"i:,s vj:itMi.
1'UfiK between lour of my children, their
ages being as follews: Alice, 8 yvnn.; Char
ley, 4 years; Emma, C years- John, 9 years
Now comes the result : Alice ttud Emma
cntncoutnUrlghtjbut Charley pa.v4.1l forty
live and Johnny about.sixty '.tonus. TI.e
result was so gratifying that I nont two
days In showing the wonderful effect of
your Vermifuge around I'ticn, and now
nave the worms on exhibition in m store.
Yours tnily, JOHN 1'II'EU.
The cenuinc IIt. C McLANII'S VKR
MIFUGK is manufactured only by
Fleming Bros., Pittsburgh, Pa.,
and bear the signatures of C. McTino
and riemlnjr Bros. It is never made In
St. Inils or Wheeling.
lie sure you get the genuine Price, 25
FLFJII3IO 1JK0S., Pittsburgh, Pa.
Sutton" Genuine Cape Ann
Double Long Coats. Half Peas,
Apron. yileeveH, Jluhber- Hoot,
Blanket ShlrtK. SccUh, etc.
At San Francisco Prices.
A Liberal Discount to the Trade.
Ship Masters Supplied.
II. P. dlADnoi'ItXE, Agent.
On the Roadway, near "Water Street.
Over Arndt & Ferchen'H Shop.
Call and examine thewotk ire are doing
and see the wood ite aro using, before mak
ing a trade elsewhere.
FIRST-CLASS WORK A SPECIALTY.
"Hackmatack," a lasting and fra
grant perfume. Price 23 and 50 cents.
Soldby W.E. Dement.
C. H. 8TICKEL3
j A. M. JOHNSON & Co.,
Ship Chantry aifl Groceries
CROCKERY & CLASS WARE.
Also Wholesale Dealers In
Paints. Oils, Varnishes, Glass,
P11K3-. Artists Oil and "Water
Colors-, Vniut and Kalso-
Constantly on liand a full and choice stock
of Staple ami Fancv Croceries Only tho
Our stock of Crockery and fcSIass
Ware is the Inrsewt and most Complete
Stock over opened in Astoria.
Tea and Dinner. Sets. Toilet Sets. Glass.
Fruit, :ul Water Sets. Bar Fixtures. Ale
Mug. Ponies, Rustic Bottles Goblets, Tum
blers Lvn.onade Cups, &c, AC.
Everything sold at Lowest Living Rates.
An Examination will more than repay you.
33. 3B. .a.tK;E:xt,
Hay, Oats, Straw.
Lime, Brick, Cement and Sand
Wood Delivered to Order,
Draying, Teaming and Express Business.
Horses ana Carriages for Hire.
W1NES, LIQUORS AND CIGARS.
Important ! !
Read Carefully! 1 1
. Hereafter all our
Pure Coffees will be
put up under our own
Unless bought of
A. M. JOHNSON & CO.
N. B. All goods bearinp; our
label are guaranteed to be strictly
Pure and of Best quality, and
are sold by no other House.
MAGMS C. CROSBY,
HARDWARE, IRON, STEEL,
Iron Pipe and Fittings,
FLUMBERS AS D STEAM FITTER1!
Goods and Tools,
SHEET LEAD STRIP LEAD
SHEET IRON TIN AND COPPER,
CaDnery anfl Flshermens Supplies
Stoves, Tin Ware and House
JOBBING IN SHEET IRON, TIN, COP
PER PLUMBING and STEAM FITTING
Done with t eatness and dispatch.
None but first class workmen employed.
A large assortment ofj
Constantly on hand
TO GJKKBMte !
0RDERB00KS, TALLY LISTS,
Time and Credit Cards.
LINEN NOTE and LETTER HEADS
JOB PRINTING !
Of all kinds at lowest prices.
Wc Guarantee Satisfaction !
We have new type and a large stock
of first class material.
J. F. UALLORAX & Co.
A 31. JOHNSON.
Doors, Windows, Blinds, Transoms, Lumber.
All kinds ot
Boat Material, Etc.
j Boats of all Kinds Mads to Order.
SOrders from a distance promptly attended
S. ARNDT & EERCHEN,
ASTORLA. - OREGON.
The Pioneer Machine Shop
All kinds of
Promptly attended to.
A specialty made of repairing
FOOT OF LAFAYETTE STREET.
ASTORIA IRON WORKS.
Benton Stebkt, Nsar Parkek House,
ASTORIA. - OREGON.
GENERAL MACHINISTS AND
Boiler Work, Steamboat Work.
and Cannery Work a specialty.
Or all Descriptions made to Order
at Short Xotice.
A. D. "Wass, President.
J. G. IIustleh, Secretary.
I. W. Case, Treasurer.
John Fox, Superintendent
ASTORIA, ... OREGON.
Cigars, Tobacco and Cigarettes
Meerschaum and Brier Pipes,
Stationery and Optical Goods,
Joseph Rodgers and "Wostenholm
GENUINE ENGLISH CUTLER
Revolvers and Cartridges.
WAJ,TIIAM AND EtGIIV
Gold and Siluer Watches and Chain
Fine and Coarse Liverpool
Tin Plate, Block Tin, Caustic Soda,
For sale ex "Warehouse at Portland
or Astoria by
BALFOIIII, GUTHKIE A CO.
dtf Portland, Or.
No. 40 12-PIy
SALMON TWINE 1
CORK AND LEAD LINES,
A Full Stock Now on Hand.
HENRY DOYLE & CO., j
511 Market Street, San Francisco
Sole Agents for the Pacific Coast.
to, and satisfaction guaranteed In all cases.
Tp C IIOIiDEN,.
AUCTIONEER, COMMISSION AND IN
Q.EIiO F. PARKEB.
SURVEYOR OF -
Clatsop Connty,aad City of Astoria
Offlcc r-Chenaraus street, Y. M. C. A. hall
Room No. 8.
Tjl D. WINTON,
Attorney and Counselor at Law.
s-Offlce in Pythian Building. Rooms 11, 12.
ASTORIA, ... - OREGON.
JAY TCTTIiE, 31. .
PHYSICIAN AND SUKGEON,"
Office Rooms 1 , 2, and 3. Pythian Build
ing. Residence Over J. E. Thomas' Drug
-p p. incus,
ASTORIA, - - - OREGON
Rooms in Allen's building up stairs, corner
of Cass and Sqemocqhe streets.
Q. A. BOWL'BY.
ATTORNEY AT LATV.
Chenamus Street. - ASTORIA, OREGOJ
M. WERTHE1MER & BR0.
MANUFACTURERS OF FINE
Havana and Domestic Cigars
No. 518, Front St. San Francisco
Plain and Fancy Sewing,
Suits made in the best Style and
Guaranteed to Pit
Mrs. T. S. Jewett.
IROOAISOYER MRS. E. S. WARREN'S.!
G. A. STINSON & CO.,
At Capt. Rogers old stand, corner of Casa
and Court Streets.
Ship and Cannery work. Horseshoeing.
Wagons made and repaired. Good work
I. W. CASE,
IMPORTER AND WHOLESALE AND RE
TAIL DEALER IN
Corner Chenamus and Cas3 streets.
FOR SALE !
I offer for sale my ranch near Skipa
non in this County; it consists of
Eiffhtj Acres improved, 'with
good dwelling House;
Tiro Barns, Out Houses, etc.;
A Fine Orchard.
Everything is well improved and in
good condition. A large assortment of
Three Fnsscnger Conches.
IVine Head Horses,
Cattle, Hogs, Etc. 9
This affords a rare chance for a man to
get a good home in the oldest settled
section in the state.
Terms favorable to one meaning busi
ness. G. A. MAC2UIKE.
STATE AND COUNTY TAXES FOR THE
year 1882, are now due and can be paid
at my office at the Court House.
d-wtf A. M, TWOMBLY, Sheriff.