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