J? I U Vol. xvni. Astoria, Oregon, Friday Morning, March 9, 1883. No. 136. -"SM""- fHftfllj 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 liability. 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 was ended. 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 cent. 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 them. 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 as murder. 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 street." 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 freshet. "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 cut baby. "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' kicked out. "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' strikes. "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 $20,000. 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. Absolutely Pure. 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. N.Y. 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 and ague. For sale by all Djugsists and Dealers generally. W. E. DEMENT & CO. OBttX GRISTS. ASTORIA, - - - OREGON Carry in Stock, DRUGS, CHEMICALS, TOILET and FANGY ARTICLES. Prescriptions-carefully Compounded, H V CELEBRATED X I ? 163 gaYW I ik'MLfitttollll ERMAM REMEDY JTOIt RHEUMATISM y Neuraqfa, Sciatica, Lumbaqo, Backache, Soreness of ike Chest, Gout, Quinsy, Sore Throat, Sweflr ings and Sprains, Burns and Scalds, General Bcdily Pains, 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. 80LDBYALLBRUGGI8T3AHDDEALEBB IN HEDIODJE. 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. MOTHERS, READ. 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 CELKimATi:DVEn.MIKUfii:gciimm-'. 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 cents Iottle. FLFJII3IO 1JK0S., Pittsburgh, Pa. Sutton" Genuine Cape Ann Oiled Clothing. Double Long Coats. Half Peas, Double suits. FiHlierninn .7nrupcr., Fisherman rant.", 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. LEATHERS BROS. BOAT BriIDEBS. Up StnlrH 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., Dealers In Ship Chantry aifl Groceries CROCKERY & CLASS WARE. Also Wholesale Dealers In Paints. Oils, Varnishes, Glass, P11K3-. Artists Oil and "Water Colors-, Vniut and Kalso- iiiino Brushes. Constantly on liand a full and choice stock of Staple ami Fancv Croceries Only tho Best kept. Our stock of Crockery and fcSIass Ware is the Inrsewt and most Complete Stock over opened in Astoria. Consisting of 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. Qualify Guaranteed. An Examination will more than repay you. 33. 3B. .a.tK;E:xt, nKAT.KK IX Hay, Oats, Straw. Lime, Brick, Cement and Sand Wood Delivered to Order, Draying, Teaming and Express Business. Horses ana Carriages for Hire. DEALER IX W1NES, LIQUORS AND CIGARS. FIKST CLASS Important ! ! Read Carefully! 1 1 . Hereafter all our Pure Coffees will be put up under our own private label NONE GENUINE 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, Dealer In 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 Furnishing GGods. 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 SCALE? Constantly on hand TO GJKKBMte ! 0RDERB00KS, TALLY LISTS, Time and Credit Cards. LINEN NOTE and LETTER HEADS Axn- 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. WILLIAM HOWE -DEALER Df- Doors, Windows, Blinds, Transoms, Lumber. All kinds ot OAK LUMBER, 7 tit, GLASS, Boat Material, Etc. jfffefiS!f-fkgk j Boats of all Kinds Mads to Order. SOrders from a distance promptly attended S. ARNDT & EERCHEN, ASTORLA. - OREGON. The Pioneer Machine Shop -VS55S BLACKSMITH SHOP AND Boiler Shop All kinds of ENGINE, CANNERY, AND STEAMBOAT WORK Promptly attended to. A specialty made of repairing CANNERY DIES, FOOT OF LAFAYETTE STREET. ASTORIA IRON WORKS. Benton Stebkt, Nsar Parkek House, ASTORIA. - OREGON. GENERAL MACHINISTS AND BOILER MAKERS. LANDlJUARIiNEEMINBS Boiler Work, Steamboat Work. and Cannery Work a specialty. OASTITGrS. Or all Descriptions made to Order at Short Xotice. A. D. "Wass, President. J. G. IIustleh, Secretary. I. W. Case, Treasurer. John Fox, Superintendent WM. EDGAR, ASTORIA, ... OREGON. Dealer In 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 "SALT. Tin Plate, Block Tin, Caustic Soda, For sale ex "Warehouse at Portland or Astoria by BALFOIIII, GUTHKIE A CO. dtf Portland, Or. Barbour's No. 40 12-PIy SALMON TWINE 1 CORK AND LEAD LINES, EINE TWINES. A Full Stock Now on Hand. HENRY DOYLE & CO., j 511 Market Street, San Francisco Sole Agents for the Pacific Coast. V&KWJk' iaiijraijpf AND Bracket Work A SPECIALTY. to, and satisfaction guaranteed In all cases. BUSINESS CARDS. Tp C IIOIiDEN,. NOTARY PUBLIC, AUCTIONEER, COMMISSION AND IN SURANCE AGENT. 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 Store. -p p. incus, PENTIST, 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. WERTHEIMEK. T. WEKTHEIMEB M. WERTHE1MER & BR0. MANUFACTURERS OF FINE Havana and Domestic Cigars No. 518, Front St. San Francisco Dressmaking. 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., BLACKSMITHiNG, At Capt. Rogers old stand, corner of Casa and Court Streets. Ship and Cannery work. Horseshoeing. Wagons made and repaired. Good work guaranteed. I. W. CASE, IMPORTER AND WHOLESALE AND RE TAIL DEALER IN GENERAL MERCHAMSE Corner Chenamus and Cas3 streets. ASTORIA OREGON FOR SALE ! I offer for sale my ranch near Skipa non in this County; it consists of 160 ACRES, 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 Farming Implements, Three Fnsscnger Conches. One Buggy, 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. Notice. 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.