Image provided by: University of Oregon Libraries; Eugene, OR
About Cottage Grove sentinel. (Cottage Grove, Or.) 1909-current | View Entire Issue (Aug. 28, 1913)
Good Keaton for Hla Kntliuaiaam. When a man haa aufT«*r«’<| for several days with colle, diarrhoea nr other form o f bowel complaint amJ ia then cured Bound and wall by on« or two doava of Chamberlain« Colic Cholcru and Diar- rboea Remedy, aa la often the caee, it la but natural Ihut be ahould be an* thuaiaatlc in hla prulae of the remedy, ami «•specially la thla the raae o f a co verò attack when life ia threatened. It never faila. Sold by nil dealora. H. MAURY I. DIGGS Contracts: Wll.l. IMI YOIIK promptly and Hatiafuctorily. They have every facility for handling all claHHex of good», and »imply aolicit a trial. Feed Marti and Fire Proof Vault in Connection. All kinds ot lldullng & I’idno Moving t ott.M|e Orove “ Talea of Honey and Tar” from Weat and Eaat. Wm. I.ee, I'aakonta, C alif., aaya, Maury I. Diggs, on# of tn« defend •'ll given univernai aatia-artion uiet>| uae only Koley’a Honey and Tar Com- ant* In th* famous California whit# pound fur my children." K. C. Rhoden, slave caa*. who was convicted. Middleton, (¡a., writea, " I had a rack ing lagrippc rough and finally got re lief taking Foley‘a Honey and Tar C-ompouml.” Uae no other In your Swift Break Predicted If Congress De bate* President’s Statement. family and refuae aubalitulea. Fur Mexico City,—The keenest anxiety aale by all dealcra everywhere. was mnnlfealed In the capital aa to what will be the development of the undertaking of the United Htatea gov ernment In Mexico’s Internal affairs. Whole Family Benefited Mexico’s attitude ia one of watting, By Wonderful Remedy while the people resident here, both native and foreign, are displaying deep There are many little lliinga to annoy u*. under prraent condition* | apprehension. o f life. The hurry, hard work, ; (tumor* are that Huerta la atilt con noiar and drain all tell on ua and sidering realgnlng In favor of General tend to provoke nrrvnusneaa and Trevino, hut there la no sound baata irritability.. VVe arc frr<|urntly ao for thla asaertlon. The public opinion worn out we can neither eat, tleep la expressed here that there will be a awlft culmination of all pear«able re nor work with any comfort. We lations If rougreaa la given an oppor are out of line with ouraelvea and luntty for free debate on President othera aa well. Wilson’* statement of >ha- facta tn the A good thing to do uniter cuch case. cirrumdancea ia to take something like ANXIETY FELT IN MEXICO Dr. Miles' Anti-Pain Pills to relieve the drain on the nerve*. Mra. J. It. llartaiield, j j Corput St., Atlanta G a , write*: " t h ave on »•»•rat noonalona boon vuntly rHit vwl by th « u »« your m i d • Irlii»«. r»ii»rU )ly th* A n tl-f’«ln 1*111«, whirl) I oonatantly on hnnd for th » u»n o f m yarlf. husband u » k J tw o «o n » N othing In thr w orld h iu k I r them m » h»ttd«* l»« rsiiMNlr. t if i • * l am rn «b led by thfe u «c of omi or tw o o f th » 1 * 111 » to con tin ue my hoiiM w ork w h«n oth crw ln » I w ould I m * In lied. My h ii«b« lit I join*» rur In m y pint»« of tho A nti Pair» 1*411» and Nt-rvln«.*' Dr. Miles’ Anti-Pain Pills are relied upon to relieve pain, nervouanca* and irritability in thou sand* of household*. O f proven merit after twenty years' uae, you can have no reason for being longer without them. A t all D ruggists, 24 dosaa M cents. M IL E S M E D IC A L C O ., 11 g lk h a rt. In*. Suffered Eczema Fifty Years—Now Well. Seem* n long time to endure the aw ful burning, itching, smarting, akin diaeaac known as "te t t e r " another name for enem a. Seem* good to realite, also, that Hr. Hobson's Kczema Ointment has proven a perfect cure. Mra. D. L. Kenney writea: — " ! can not sufficiently express my thank* to you for your Or. Hobson’s Eczema Ointment. It haa cured my tetter, which haa troubled me for over fifty y e a rs ." All druggists, or by mail hue. Pfeiffer Chemical Co., St. laiuis. Mo. ; Philadelphia, Pa. A I t e * O am m m u Ê NEW INTERNATIONAL DICTIONARY T H E MERRIAM W E B S T E R Tho Only New urabridged dic tionary In many yoars. Contains tho pith and ennence of an authoritativo library. Covers ovory field of knowl- odgO. An Enoyolopodia In a single book. The Only Dictionary with the New Divided J'tfjJe. 400,000 Words. 2700 Pages. 6000 Illustrations. Cost nearly half a million dollars. Lot us toll you about this most romarkuble singlo volume. Write for sample paxes, full par ticulars, ate. Name thla paper and we wi l l send f r e e a set of Pocket Maps &C. Manias Ce. C*l»r I r I It M. - 1 . *1 . . . W Enforceable and Unenforceable By WALTER K. TOWERS, A.B ., J .L .. o f the Michigan Bar Harrington Phone ho. 7J Popular Talks on Law Flelahhackera Buy Out Pat Calhoun Han Francisco. -The United Rail roads of Han Pranrtaco. held by the United Hallways Inv.-etrnent Company of New Jersey, haa been sold to a local banking a) Urate, headed by Mortimer Flelshhacker, of the Anglo California and London Hank. The Uulted Railroads haa been un der the personal nmnngemant Of Pat rick Calhoun, who broke, the great strike of 15»o7. and thereby Incurred the haired of all*the tabor unions of Han Francisco. This hatred has been tit-ed to boom the proJ«M:t for the ee tabllahment of several municipal rail roads, which was submitted to the people for vote on Tuesday. SULZER RECEIVES UP-STATE SUPPORT Albany, N. Y.—Governor Hulzer ■bowed Interest tn the report from the •aaeuibly districts throughout the state. Indicating that many of the up- atate assemblymen who had opposed hla direct primary bill or had voted for Impeachment were being refused designation by their party committees. The governor declined to comment on uny of the chnngea being wrought In the personnel of the assembly, but *«-«-med to take It for granted that pub lic aentlment was strongly In bla fav or. The most significant changes In the designations for the assembly la con sidered the turn-down of Assembly man T. K. Hmlth for another term by Frnncla A. Hendricks, the Onondaga county Republican leader. Hmlth was one of the seven Republican members who voted to Impeach Governor Sut ler and ia now serving hta third term from a strong Republican district Sulzer’a Enemies Now Under Fire. New York.—The Indictment of Charles F. Murphy, leader of Tam many Hall; Aaron J. Levy, leader of the Democratic majority In the as sembly, and James Frawley, chair man of the committee which Invest!- gated Governor Sulxer’a campaign contributions, has been requested of the district attorneys of New York and Albany counties by Lynn J. Ar nold, of Albany, an ardent Sulcar sup porter. THE MARKET*. Portland. Whent, New Crop— Club, 71c; blua- utem, 83c; red Russian, 79c. Hay—Timothy, *16; alfalfa. |13. Butter -Creamery. 32c. Rgga— Candled. 28c; ranch, 22c. W ool—Kaatern Oregon, 14c; Wil lamette valley, 19c. Saattle. Wheat, New Crop— Bluestem, 14«; club, 79c; r»»d Russian, 77c. Hay—Timothy, $17 per toa; alfalfa. *13 per ton. Kgga— 28c. Butter—Creamery, lie . When, in the ordinary dealings of life, you arrive at a business agree ment, you expect to carry out your part, ami expert that the other party will «rarry out hla. Almost Invariably, in the oruinary agreemcnla that are regularly arrived at, each o f you prom ises to give something or to forego in return for what the other ia to do under the agreement. He is to mow your lawn; you are to give him fifty cents. He ia to rvnt your house paying out twenty dollars a month; vou are to fdrnlsh him with the uae o f that house. There la mutuality o f obligation, and thus the difficult question o f the con sideration so necessary to contracts does not aria*. You have agre«*i definitely enough with your neighbor that he ia to have the trees now growing in your acre woodlot, and ha is to pay you a hundred dollars therefor, the trees to become hia property aa they atand. Each of you ia to give something, ao there is consideration. You do not want litiga tion to arise from this agreement; you do not want, or expect, to go to court to have it enforced, else you would not have entered into it—for the un- profilability o f "buying a law suit” is proverbial. But you do want to have the agreement# in such form that, if disagreement ahould arise you would be able to enforce your rights. You may not be able to "I le a " Neighbor Jones; ami, even if you can, that would involve you in an action for assault and battery. You want the contract In such form that if you must assert your rights you will have them in a form which the law—the procedure provided for the enforcement o f rights —will recognize. Probably the principal reason why the average man finds hia contracts unenforceable is because of the lack of the written evidence whicli the law requires in certain clasaea of cases. In the case o f the sale o f the standing timber the law o f moat states requires that it be evidenced by a writing signed by th« party against whom it ia to be enforced, otherwise the courts would not enforce ¡L A statement o f the principles which determine in what form a contract must be evidenced to be valid may not possess the interest attaching to other branches o f the law, but they are o f the utmost practical iiti|Kirtanee to the average individual In the guidance o f th« boaineM* affairs o f everyday life. There are probably no two sections of written law which posaess the prac tical importance, or have had the far- reaching influence o f the 4th and the 17th sections o f the Statute of Frauds, enacted hy the English Parliament in 1676. These provisions have been re enacted by the legislatures o f the var ious atatea In but slightly varying form, and the principles are firmly em bodied in our law and are set down to guide all o f ua in the formation o f our contractual agreements. Every stu dent of the law memorize* these pro- 1 visions. What ia known aa the 4th aection specifies certain classes o f contracts which must be evidenced by a signed writing if they are to be enforceable. The first o f these ia an agreement by an executor or administrator to answer damages out o f hia own estate. Of course, one holding such a position is not personally bound to pay the debts of the deceased out of his own pocket; but if he does so agree, it must be in writing, if he is to be bound by his ! promise. The next class of agreements covered are those " t o answer for the debt, default or miscarriage o f another." If some third party suffers under an existing, or contemplate* a future, lia bility and you agree with his creditor to make it good for him, that agree ment must be evidenced by a writing ■igned by you if you are to be bound by it. Suppose John Sim* comes to you, tells you he has no money, and must have a pair o f shoes, and you agree to see that he gets them at the store. You go with him to the store keeper and aay, "L e t Sima have a pair of shoes, 1 will see you paid.” By this statement you have become direct ly and personally liable and it ia not within the statute. But if you aay, "L e t Sims have a pair o f shoes, if he doesn’ t pay you I w ill;” then this is a contract to answer for the debt of another within the statute and there must be some written memorandum signed by you if the agreement ia to be enforceable. One o f the moat Important of the provisions ia that any contract or sale o f lands, or any interest in or concern ing land, must be evidenced by a signed writing. This ia the provision that re quires a contract with reference to standing timber be in writing for it is with reference to realty. So, too, con tracts to buy land, or for mineral rights are within this provision and must be in writing. It ia to be noticed that if the contract calls for the de livery o f timber or o f coal from the lands o f the owner by the owner, that is not within this provision, since he himself ia to cut or mine it, thus sever ing it from the lami so tiiat it loses its character aa realty. But if ha sell* coat or oil aa it lie* beneath hia farm the contract must be in writing. The same applies to all leases, except abort term Ivases, which are executed in moat of the states. Of course, if a contract ia not to be performed within a year from the making thereof it must be evidenced by writing to be enforceable. This applies only to contracta which cannot be performed within a year. Thu* lease* for a period of over a year from the date when they are made, con tracta to work for over a year, etc., muaV be in writing. But if you agree to support Ham Allison for the rest of hia life, that contract is not within the statute for, though Ham ia but twenty years old and in good health, he may die fri'hin that year and thus the con tract be performed. True if you hired Ham Allison to work for you for a year and a half he might die and that would end the matter but it would not be a performance of the contract as would the other. The seventh aection provides that contracts for the sales of goods, wares and merchandise for the price o f $60, or over shall not be good unless there ia written evidence signed bv the party to be charged, or part delivery and ac ceptance, or part payment. The amount below which the statute does not apply ia varied by the statutes in the various American state* which have reenacted this provision in vary ing forma. It is to be noticed that the contract is the agreement, not the writing. The writing need not he a formal document to comply with this statute. Any note or memorandum ia sufficient so long as it contains all the material terms aa the names o f the parlies, the subject matter, the consideration given, etc. There may be several papers, as a aer ies of letters or telegrams, so long as they are consistent and connected. The necessary signature o f the party to be charged may appear at any point, and may be affixed either by the party himself or his authorized agent. Thus at an auction the auctioneer is the agent of both parties and if hia memo contains the essential terms hia entry of the names o f the parties will amount tn the necessary signature and com plete the required writing. The law o f some states requires that tome contracts be under seal as well as in writing. In many states seals have been abolished. In all states the ten dency-ia to lessen their effect. The principal reafon that makes the seal of comparatively little import is that it i* required only on the most important and formal o f contracts, aa deeds. The printed forms provided for these in struments include h seal; and further, these are instrumenta of an importance that requires the services o f a compe tent attorney who is familiar with the requirement* o f the particular state and will see to it that the necessary formalities are complied with. The simple legal scroll (L .S .) has now been generally substituted for the more formal wax seal. Heals used where not necessary, are merely superfluous. It should be remembered that all contracta need not be in writing. The general rule is that if no statute re quire* that the particular kind of con tracta be in writing it need not be, ana so contract* other than those specified in the statute* may be oral. Of course, even though no writing be required, prudent men frequently draw their contracta in writing that the evidence may be preserved in more permanent and indisputable form should trouble arise.' If the matter is o f considerable importance, better embody the terms in a letter addressed to the other party, sign it, keep a copy, and see that he replies over his signature accepting the propásala and terms. (Copyright. 1931, by Walter K. Towers.) A live wire newspaper—The Cot- tuge Grove Sentinel. Large Registration. Credentials for entrance to the Ore gon Agricultural College are coming to the registrar’ s office in unusually large numbers. At the present time they have been received from students in fourteen states outside o f Oregon, the largest number, twenty-six, com ing from California. Foreign coun tries represented in the list are king- land, Canada, Philippine Islands and Sweden. Aa compared with the num ber received within the corresponding period last year, there ia an increase of thirty per cent. Application* are also greatly in excess o f those o f last year for a like period, while announce ments o f prospective students are atill more numerous. Every indication points to a largely increased atten dance. Registration will begin Sep tember 19, and class work, September 23. If you saw it first—you iaw it in The Sentinel. f i f t y - s e c o n d a n n u a l OREGON STATE FAIR Salem, Sept. 29*0ct. 4, 1913 A Whole Week of Pleasure and Profit $20,000 Offered in Premiums m Agf¡cultural, Lire Slack, Poultry, Textile aid Other Exhibits I % Horae Races, Shooting Tournament, Firework*, Hand Concert*, liugenic* Exposition, Children’* Playground and other Free Attractions, including Boyd and Ogle’» One King Circu*— Free Camp Ground* You Are Invited Send for Premium List and Entry Blanks REDUCED RATES ON ALL R A I L R O A D S ! J For Particulars Address FRAN K MEREDITH, Secy. :: SALEM , ORE. ! Evory patron of Tin* Sentinel is helping to give Cot tag'’ Orove wluit eminent authority has .stated to In* the he.-t country weekly on the coast. Sherwin-Williams House Paints >£ FORj A L L PURPOSES | They are without a peer. > W e do not sell stoves or hay rakes, but we do sell Doors, Windows, Shingles, Building Paper, Beaver Board, Lime, Cement Etc. :: Ask for a “Home Decorator” Cottage Grove Manfg. Co. If you don’t read The Sentinel you don’t get more than half the news of the Cottage Grove country. HOMESTEADS! Q RF. YOU LOOKING for the BUST HOMESTEAD there is to be found in the Northwest? Well, 1 have it for you and it will tjnlv coat you the usual location fee to get it. It is 320 acres and will grow almost any crop y«^u wish to plant. Plenty of water, wood, etc. Close to the town of hn|>erial with all advantage* of small town. Daily freight and passenger automobile stages connecting with railroad*. Railroad now building. •I I speut several hundred dollars and nearly a year's time in vestigating all the homestead districts of the Northwest and found nothing as good as this land here at Itu{)erial. You will find the same thing if you make a thorough investigation, but why waste your money, come here first and you will be satisfied. •I Write me, enclosing Address stamp, for further information. SHERMAN MONTGOMERY IMPERIAL, CROOK COUNTY OREGON A newspajier that gives you twice as much as some other paper is worth twice as much as the other. Are you gc'ttim? your m oney’s worth? That’s the vital »|UE‘stion. WHY N O T SPEND | August at Newport ? j Get away from the heat and dust of the valley. Newport i* now a its best, ami the beach season is in full swing. Recreation and sport for all. Deep-sea fishing, surf bathing, drives t:> Otter Rock, the Punchbowl, Lighthouse, etc., with boating and fishing on Yaquitia Bay. Low Season, Week-end and Sunday R ound T rip E xcu rsio n F a re s AND Double Daily Train Service Leave Albany 7:30 a.m. and 1:00 p. m., connections with north and south bound S. P. trains. Call on our Agent for copy o f "N ew port” booklet, or Vacation Day*,’ ’ they are free for the asking. JO H N M . SC O T T G eneral Passenger A gent Portland, O re. aM-28
