THE DAILY ASTORIAN, ASTQRIA, SATURDAY ." ttORNIXP, JAJHDARY 20, 1893.
v- nivQt rrtTFs fots kalvag e.
Facta NPooftSifyjir pnlpr 10 EsiaMUh
a Claim of that. Nature.. ,
A salvage claim la In; tho nature of
a quantum meruit; but certain facts
must exlt to give It validity: First a
marina peril to the property to be res
cued; second, a voluntary service not
owed to tho property as a matter of
duty; third, success In savings tho prop.
erty, or some portion of It, from Mr
wemllns prll. These lequNitcs distin
guish salvage service from that which
is compensated on the quantum meruit
at common law. Hence, a right to
compensation may exist for service In
saving the vessel, though it does not
constitute a claim for ralvage. Thus,
whre valuable services were rendered
upon the employment of the owners to
a vessel In Imminent peril, by one hav
ing great skill In rescuing wrecked ves
sels, and unusual means adapted to
such exigencies, but under circum
stances which prevented him from be
ing compensated on the principle ; of
salvage, it was held that he was enti
tled to recover a very liberal allowance
fcr his services, to be measured r.s well
by the extent of his skill and means
as by the time and number of men
employed. So, compensation for mer.
itorious services" In relieving a vessel
aground, or otherwise in distress or
danger, or even In attempting to do so,
may be allowed, upon a bill for salvage,
although a case for salvage conpensa-
tlon Is not made out . And a person
hired to assist, with a knowledge that
his employer is operating under such a
contract, is also limited in the amount
of his recovery by the contract price,
and the fact that he is uninformed as
to the terms of the contract will not
subject the property, or the owners, to
an additional liability.
Contracts made for exorbitant com
pensation when the property Is In peril
will be closely scrutinized and not up
held. When the salvor has not taken
advantage of his power to make an
unreasonable bargain, courts of -ad
miralty will enforce contracts mode for
salvage service. To defeat a salvage
suit on the ground of a special con
tract, nothing short of a contract to
pay a given sum for the services to.be
rendered, or a binding agreement- to
pay at all events, whether successful or
unsuccessful In the enterprise, will have
that effect. Parties may agree on the
amount of salvage compensation, or on
the principles on which it shall be ad-
Justed, and such agreements, If fairly
made and no advantage is taken of the
ignorance or distress, are readily "up
held by the courts.
A. O. U. W. NOTICE.
The members of Seaside Lodire. No.
U A. O. U. W.. are hereby notllled to
meet at ineir lodge room on Sunday
evening, Jan. 21st, 1S94, at the hour -of
:au snarp, to march in a body to Grace
Episcopal church for the purpose of
anenaing services, to be held in mem
ory of our brothers, who "have been
called from this to the land of tha
hereafter."
Tho sermon will be preached by Bro,
w. b. unort, me rector or the church.
The members of other lodges are fra
ternally and cordially Invited to assem
ble with Seaside Lodge, to attend the I
Hervices.
By order of the Master Workman.
In the Circuit Court of the State of
vregon ror uiatsop county:
.William lohnlg, plaintiff, vs. Emma
jirar, iyaia jamieson, Jennie John
son. Sophia Lehnlg, and AujfUHta Mc-
vunneu, ueienaams.
To Emma Corder, Lydla Jamieson, Jen
nle Johnson. Sophia Lehnlg, and Au-
a-linta MrOnnnell-
In the nama nr tho ntnta nf nvn
you are hereby required to appear and
answer tha mmnlnlnt film in h
court, and cause, on or before the first
uay 01 me term or tnis court, next fol
lowing the expiration of six weeks' pub.
ucauon 01 tins summons, which will
be the nineteenth dav of rvhnini-v isoi
and if you fall to appear or answer, for I
want mereor, pitunun will take Judg
ment flffRlnflt vnil fnr tha sum f ..I.
hundred and ninety-eight d..iurs. with
interest inereon irom tne 15th nay of
August, 1891, at the rate of eight per
rent car annum, and fnr miii .nd hi.
dursements of this action; and will also
i&kb an orunr airecting tne sale of cer
tain real estate property, belonging to
you which has been attached in this
union; ana wnicn real properly is sit
uated In the county of Clatsop, state
of Oregon, and particularly described
as tha nnrthwMt minrlai nf ih nupiii.
east quarter and the east half of the
noiinwcm quarter 01 section tnirty-one,
of township seven north, range eight
-want. In rMntartn Muntv (Wsnn
Service of summons In this action by
puDiication, is maae pursuant to an
order of the Hon. A. McHride, Judge
of the above entitled court, dated the
itn uay or May, 1893.
W. T. BURNET,
Attorney for I'lnintlff.
Dated Jan. 4th.
IT IS ECONOMY
a- -
r3PsWw
, ; ' Use It in the
z wm'mm mm mm mm w.
To use a condensed milk that is made from tin
Purest and Richest Milk to be had. The old
reliable
GAILBOHDEn EAGLE BRAND
Condensed Milk is made from the milk of the
finest breed of cows. The New York Condensed
Milk Co. owns factories in only the best dairy
regions of the United States. Its inspectors visit
all farms and look most carefully after the con
dition of the stock. All milk about which there
Is a shadow of a doubt Is at once rejected.
.Your Grocer and Druggist sell it.
nursery and in the sick room.
r-mr "m mm mm -'-wn
SIM If) THE FKOflT I
For Silver Side Fishing
USE
Job
THE DAILY ASTOKIAN
Printing ped for nil kinds of First
Class work, and at prices
as low as prevail in Portland or
Ban Francisco. t
TOSfllllili'S TWlftt.
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to those of any other ever used on the Columbia river.
It is the Cheapest,
Good Fishermen Use it,
American Labor Makes it
It is the Best for Fall Fishing,
For Small Mesh Nets,
For Lasting Qualities.
7-Ply 30's
9 Ply 30's
ON HAND.-
lC-Ply 30's
8 Ply 40's
15Piy50's
12JPly 40's
H-Ply 40's
BUY OUR WORLD FAHED
FISHERMAN'S CHOICE'
BRAND COTTON TWINE
Following sizes always kept in stock by
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Numbers 24, 28, 32, 36, 40, Soft Laid.
" 15, 18, 24, 36, 42, 48, 54, Medium Laid.
. COTTON - ROPE.
Our thread laid and twine laid cork and lead line?
guaranteed tho best ever sold on tho Columbia
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How Are You Fixed for Insurance?
Fire and Marine.
Legal Blanks
In Stock........
Briefs
Printed on
Short Notice.
e e
ASTORIAN
PRINTIN0-:-H0L'SE.
WHAT AJJERIGflfl
Does not Revere The Name of
J AS. G
e
BLAINE?
:PatriotAuthor Statesman--American
Wo aro agents for the largest and best companies
represented in Astoria.
SUMMONS.
In the Circuit Court of the State ol
Oreiron, for the County of Clatsop;
W. II. Klrkpatrlck, plaintiff, vs. M. M
Hetchum ana Ida II. Ketchum, ue
fondants. To M. M. Ketchum and Ida II. Ketch
urn:
In the name of the State of Oregon
you, and ea"h of you, are hereby res
quired to appear and answer the com
plaint filed agrolnst you in the above
entitled suit by the flint day of the
next term of this court, towlt: the third
Monday In February, is4, and if you
fall so to answer, for want thereof
plaintiff will take judgment against you
M. M. Ketchum, for the recovery of the
aum of 17,8:13.32, and intercut thereon'
Htnce May nth, ISM, at the rate of
eight per cent per annum, and for at
torney a leeea of elKht hundred dol
lars, and dlHburaementa of thla milt
and against both of you for the fore
closure or mortKOKe on the following
described land, to-wlt: Lota six, seven
and eltrht, and northwetit Quarter of
the northweat quarter of section 23, In
township 5 north, range 7 west, In Clat
sop county, Oreiron, andtho sale of
your Intercut therein, and for such
other relief as asked for In tho com
plaint In thla suit.. This la nerved upon
you by publication for six weeks In tho
weekly Astorian, a newspaper ptiblieh-
d In this county, r.v rtler of Hon. T.
A. Mcltride, JudK of Paid court, made
on the id dy of Jcn)br. l '-vS-
V l - , J. Q. A. Ii01XnT.
,. AUorney for IMalntlff.
To M TiMon tw PmoiiDilelfOaa
Royal Insurance Co., assets,
London Assurance Corp'n
Etna Insurance Co.
Western U. S. Branch,
New Zealand Insuranco Co.,
21,562,376,00
8,030,425.00
10,015,829.00
1,017,193.00
2,677,219.00
Combined Assets, - $45,403,044.00
ELMORE, 5ANB0RN & CO.
ADMINISTKaTOVS
COUNT.
I'lNAU AC-
Notice 1.1 hereby jlvn thnl tiio im-
deralKned, udmlnlHimtor of the wulc
of Alexander McDonald, bar, llled in the
county court of tho stato of O.vgon for
Clatnn county, his final account as
such administrator, praying Jor reUtle-
ment of siild estate and hw Ulnchs r?e,
nd the said court has set Mun-Jay,
February Bth, lSi.'4, at the hour of S
o'clock p. m., of said day, at the cuairt
house, for the-hearlnK or salU account.
and all persons Interested aro notified
herebv to then onit tnere appear ana
show cause If any, why the same should
not le allowed.
VIll-IA M AUMJUi ALU
Administrator of the estate of AHx-
ander MclvmulJ, deceased.
NOTICE OF APMIXISTltATIOX.
XciKx W hereby Riven mat tne fin-
d-rtii:ned Ims been tnis uay nppomiea
the administrator of the etate of A. K.
linrrov.-, deoased, by the county court
of ClalHop county. Oregon. All parues
havlr.K cl ilms Uiahisi ma must
present the aame. rtuly vwtaetl, to tne
undersigned. It n vwee ruuvn
Bros., atlorneja. in ABiurisi,
county. Oregon, wtima six moiina irora,i
nOOwhoflovly Music torf.rlT-
!T J) I U al tonnlstlne tt too pates 2
.T lull sue Sheet Music of
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m Littst. hrirhtrst. livi-ll..
fT. wlfclluns, hulh vocal nU InslrumenUI, -
m- Riiltrn up In lh most !;wt manner, to- 2
5; Kludinu tour Urjja slit Purtilts. m
VARMtNCITA, the Spaniil) flaocer,
eAIHRtWSKI. t Srnt PJa.isf.
this 0it.
"JIHiTiliy H. 'I SO I.
-a jr. ame..
I &rtat PJauiaf.
AOiUH PATTfttuI
MINNIE SEUeUAII CUTTMQ.
jT 1U Him t -
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f2 Urusdw.y Tl atre BlJ.f.. New York City. 13
CNVASS8 VNTtD.
ttl Ml III ill in in m in T. i
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