Bohemia nugget. (Cottage Grove, Or.) 1899-1907, December 21, 1904, Image 4

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    BOHEMIA NUGGET
UOIIUMIA NUOflBT PUBLISHING
COMPANY.
Wm. n. Root, SJ&iP?mer'
EnlfrcJ l the twalnfllc at Collage Urme,
Oregon m kohkI claw mull matter.
HiniSCltH'TION ItATIW.
II IIIOIllllH tl-1
1 vonr
lif muutliH ?-
. It paid In lulviinee.
TliTg I'AI'KR I. kept on pic nt K. II. imlrt
AilretTlnInx Awnor, U Rti;l f Man-hanli hx-i-hanfe,
San Ktrnidw, California, whew cull
ituMi Wr mlvertlilht ctl bo mail lor II.
Clubbing Rales.
Tho lloliuinlil NugKot one year
with anyone of tlio foliowliiK l"'
HcntluiiH one year fur amount set
opposite:
ChletiKo Inlor-Oceun (weekly) fl..V
Weekly Onwoillnn (. Portland) '-'.:0
Weekly .1 ounml ( Portland I ?i00
WHDKHSDAV. DliCKMUHK, 21, I004
A YliAR PASSHU.
Seated in the Nugget office and
reflecting on the past, the thought
occurs that a full year has elapsed
with lite publication of this issue
under its present management.
The summer of 1903 was spent
in the Bohemia mining district,
which as Cottage Grove is the only
gateway to that mining section
seems to be aud practically is a
part of the city. Probably no two
places in the state; if anywhere,
separated by thirty-five miles, find
their interests so closely identified.
Certainly Cottage Grove by reason
of ownership aud trade relations
has much to hope for from the
future developments of Bohemia.
During the mouths spent in the
district au opportunity was afforded
the writer to visit many of the
prospects and uiines, as well as to
bceome very familiar with a uum-
ber of them. From what was seen
at that time it became evident there
was a great future for that dintrict,
especially when the proper trans
portation aud treatment facilities
for the ores had been secured. Being
plea&ed with Cottage Grove and its
surroundings as well; when the op
portunity came to assume control
of this paper it was accepted. It
was with no thought of involution
izing the newspaper business or
causing any gcur 1 like growth of
either Cottage Grove or Bohemia
that the work was begun. ...
From many years experience in
mining districts of Colorado, it bad
been learned that even were one
inclined to do so, that bombast and
exaggerations would not only do
no good to a community or district,
but would work an injury to those
employing such methods.
It was announced at the time
and has been the policy of the
paper since, to publish only such
statements concerning the resources
and industries of this locality as
could be fully justified by the facts,
at least so far as it was possible to
obtain them.
During the year, Bohemia has
made great progress in the way of
development and the opening of
large ore bodies.
Cottage Grove has had cosily pub
lic improvements as well as many
fine residences added to its already
large number of comfortable homes.
Besides giving news of a local
nature, special effort has been
directed to the mining affairs of Bo
hemia. Occasionally the paper has
' been criticised on account of "so
much mining news." as some of
our subscribers have failed to under
stand that the future of Cottage
Grove is largely dependent upon
the final outcome of Bohemia; that
it is entirely dependent, it is
not intended to assert, but that
with Bohemia . property devel
oped and with hundreds, possibly
thousands of miners at work, no
town in this portion of the valley
could rival it unless possibly Eu
' gene which has the Blue River
mining district to draw upon.
There are several hundred bona
fide subscribers to the Nugget liv
ing in the eastern states, nearly all
of whom are interested in the stocks
of the mining companies of Bohe
mia and whose sole object in taking
the paper is to receive the news o
that district.
It is from these people a large
portiou of the money is received
which is developing our mineral
resources and it is largely for their
benefit all the reliable wining in
formation which can be gathered is
published,
Ou the other hand the paper has
beeu accused of being too conserva
tive. Never knowingly has there
been a false statement made or an
item worthy of mention intention
ally ointuitted,
The paper has rocetved from the
mining men n great amount of val
liable information concerning their
properties mid hopes that it mny
4)utiutic to secure it in the future.
The business men have besu
libcraUwflh their patronage both iu
job work nml advertising and the
Nugget desires to be remembered in
the lutiirc.
During (he year's resilience here,
the most kindly mid courteous
treatment has been accorded, which
is duly appreciated and acknowl
edged. It is hoped that these
pleasant relations may continue to
the cud.
FINIiN'S LAMP.
The worker passes on, but the
work remains.
Niels R. Fiuscu, a name worthy
to be placed iu the New York "Hall
of Fame" a sort of American
Westminister .Abbey recently
died at Copenhagen at the early
age of 43.
The Fiusen lamp is his monu
ment, or we might better say, his
light house which will always
cause his memory to be held dear
to suffering humanity by the re
lief which its bright rays bring.
It is one of the greatest inventions
and discoveries of the recent past,
a cure for lupus, a tubercular skin
disease generally hitherto consul
cred incurable by means of light
rays.
notk Tins
young men and women who think
your chances to compel success are
circumscribed by the odds that are
against you.
At 23 Finscu met, what to ordi
nary young men of fiber would
have meant a scaled fate, when he
discovered that his heart aud liver
were diseased beyoud hope of res
toratiou, ' but not so to Fiiiseu.
It seemed that when lata discovered
that there were not sufficient to
keep him from working, that as a
last resort dropsy was added to
his "odds," nevertheless though
not seeing a well day for twenty
years aud having to constantly er
ercise such care to keep his active
mind iu his frail body that all bis
food and drink were carefully
weighed out to him, yet to him ex
istence meant a chance to think.
SUCCEUDKD OUT OF HARD SUR
ROUNDINGS. Fiuseu was born and spent hia
early life iu Iceland, au island
whose interior part is almost en
tirely taken up with rugged tracts
of lava, vast ice fields, connected
with mountain ranges full ot vol
canoes iu active eruption, a small
area for its hospitable part, a poor
people, whose history runs back to
900 A. D. and whose love for
poetry, history and education are
marked. Iu this land where in the
northern part the sun does not set
for a whole week in summer aud
never rises above the horizon for
a similar period in winter, Fiuseu
got bis first lesson iu the study of
the effects of the sun's rays on the
human body aud mind too for that
matter.
He observed that it was like
changing bis whole being to change
from a nortlr front to a south front
dwelling. He at once gave the
sun the credit for the benefit. He
observed from the writings of
others that the li(ht modified the
course of smallpox and that the
ultra-violet rays irritated the skin
of persons where it was turned
upon them.
Thus in a life of constant suffer
ing he worked till he' had com
pleted a lamp that, though a num
ber have bet 11 installed iu London
hospitals, mainly through the gen
erous interests of Queen Alexan
dria, and four nurses can operate at
the same lamp at the same time
yet the demand for them by lupus
cases is far grestcr that the number
of lamps can fill.
At his qw.i institute iu Copen
hagen many doctors and nurses are
now required to minister to those to
whom it has made possible through
the almost t-upcrhutnan efforts of a
dying man who loved hard work.
The Nugget wishes its many sub
scribers and friends a "Merry
Christmas."
' Christmas Goods.
1 have Juet opened 11 Jowelry store
mid art gulery ouu door cast of the
Methodist Church and have a full
lino of wnt died, ehaliiH, bracelets,
solid gold rliiRH, clocks mid many
other thliiK's suitable for Christina)
glfto. A wood Hotiveulr given with
one dollar or 11101-0 purchuso.
Smith's Jewelry Store.
"Tlio liest lino of stationery In the
city, at the .Modern Pharmacy."
Kelt shoes, JiihI the tiling for the
wlluto Hllp on when hIio gets up to
build the lire. Welch & WoodH.
DECISION IN SCHOOL CASE
(I'tMiolmlwl from tlrl -win-)
whs about to take iiKiilnat lior In
ilcclniliiK her position an lonelier In
the school vacant m provided for In
Article VI. Socllim IS, Subdivision t,
and Utile A uf the School l.i of
Oivjjoii, and he reversed tlio action
of the llo.ir-d ot Director In dUinls.
idiiff MIh Shlveley teacher.
From this decision the Hoard ot
Director applied to the State Sup
erintendent, and tho cause bus leeii
submitted by him to the State Board
of KducUlon for their declton.
Tho theory upon which the County
School Superintendent Ise-ed hl 'no
tion evidently wa that the employ
ment of tho teacher liy the Board ot
Director and her acceptance tlicruot
without anything farther belli- done
constituted a contract between the
district and the toucher which entitled
her to have formal vlinrge preferred
against her and a hearing had there
on tieforo she could le removed bv
Directors of tho District.
In trie absence of any statutory
rule ot requirement upon the subjeet
this would probably be true, but Sub
division T ol Section 4" ot Article VI
of the School Imwh of Oregon pro
vides that the Hoard of Directors
shall hire teachers and make contracts
with such teachers which sh ill specify
tho wages, number of mouths to Ik
taught aud time employment Is to
begin ax agreed upon by the pirtlos,
aud shall tlio such contracts iu tho
ollioo ot the district clerk and a copy
thereof In the olllco of the County
Superintendent. Till statute con-
contemplate and It s.vius to the
Board rcpilrcs-tliut all contracts with
teachers shall lie iu writing, lor It
would be Impossible t Hie theeoii'
tract Iu tho olllco of the district clerk
anda copy thereof Iu the olllco ot the
County Superintendent miles such
contract wro In writing.
In Loluntl vs. School District No,
2S, 77 Minn.. 4tSI, Iu a case where the
the teacher was In other respects duly
ipmlllled to tench, hud been employed
by the Hoard of Directors mid had
taugut for a(eriod of four mouths,
the Court held that In the absence of
a written contract recovery could
not le had for a balance due the
teacher lsx-iuise the contract was not
iu wrltinir. The statute Iu the case
cited was very much like the statute
ofthls state except that it required
the directors to make written con
tracts with the touchers specifying
the wages per month and time em
ployed as agreed upon by tho parties.
The Court In disposing of the question
say: "Whore a statute provides tnat
all tliecoutniets of a municipal cor
ponitiou shnllbe In writing, thU re
striction must bo observed, or the
contract will lie considered Invalid .
1! Am. and Kng. Hue., KM. This
provision of tho statute U one resting
iu 11 sound public policy, and a
teacher and the trustees of a school
district cannot waive tho restrictions
and limitations found in the law. In
this stato there are several thousand
school districts, and to iieriult them
to maku oral contracts for teaching,
tlio terms mid conditions of which
must necessarily rest In tlio memory
of the trustees and teachers, mfcht
lead to Innumerable disputes and liti
gation, to the great Injury of tho
educational interest, if not frequently
to the limiuclal interest ot the dis
tricts anil state.
'This ease well Illustrates what the
people and trustees of a school dis
trict may sometimes do when Insti
gated by a stilish Interest, viz., re
pudiate au honest though invalid
claim, ulthough it had tho beiiellt of
the services of a faithful anil com la
tent teacher, and had used her ser
vices as tho busts for obtaining their
share of the state apportionment of
tlio school money. Hence, It Is im
portaut for both teacher and trustees
that the mandatory provisions bo as
follows: That the wuges per month
aud the time employed as agreed
upon bo reduced to writing, aud thus
inudo definite und certain, ami filed
In tho clerk's ollice, where the
same will bo open to insieetiou by
all Interested iersons. And it Is a
who rule that requires such u con
tract to be reduced to writing, and
does not permit tho olllcers of a mu
nicipal corporation to waive llsoxecii-
tiou, The right of waiver is subject
to the control of public policy, which
cannot lu set aside or contravened
by any arrangement or agreement
between tho parties, however ex
pressed. 'IS Am. .ScBug. Hue. a:ci.
Wo therefore hold that an oral
contract uiudo by u school teacher
with the Hoard of trustees of a school
district to teachschool Is invalid, and
no recovery can be had for services
performed thereunder, In an action
upon quantum meruit."
Tho doctrine In this ouse Is fo.lowcd
In I.augston vs. School District 121
.MIch.,U5l, aud Inllutchlus vs. School
District, V Mich., 177.
If this position bo tho correct one,
Miss Shlveley's employment and ac
ceptance thereof did not ripen Into u
contract for tho reason that It
was not evidenced by writing as re
quired by law, and therefore not
being legally Iu tho employ of the tils
trlct sho was not entitled to have
charges preferred against her as u
condition precedent to declaring her
position vacant.
Subdivision S of Section Is of Artl-
clo VI of the School f.uws of Oregon
provides that if any district fchool
board shall draw a warrant on tho
school (fund for the wages of any
teacher who doug not hold 11 valid
teacher's penult, certificate or diplo
ma unci lay the same liefoio the board
for Inspection, simh din trie t (hall for
felt Its proportion of the school fund
Jor theeiirrent jenr.Tho rvcordsof tho
ehool board show that they were
leniiuidlug trtim Mlsi Shlveley this
evidence ot her right to teach and
that sho tailed to produce It In com
pliance with siieh demand, and there
fore the hoard could not. enter lulu a
written contract orniiyooiitrnet wllh
icr until she had presented tor In
spection tho evidence ol her right to
teach. To have entered Into a writ
ten contract with her would have
Incurred the risk for the district ot u
forfeiture ot Its propoltlou ot the
school fund for the cm rent year.'
Miss Shlveley having failed to com
ply with this denuiud of the Hoard ot
Directors which they made In com
pliance wltli a statutory require
ment, they could not lawfully enter
Intuit com nut wlthher, nndtliorvfoio
not having been legally employed the
Hoard ot Directors luul tho right to
declare, her place vacant.
The purpos-o ot tho statute ot this
stale was for the protection ot the
school districts agattist. mlnunder-
staiidlngs through the faulty memory
ot teachers, boards ot tllieetors and
clerks of the dlsttict, and tho ease
under consideration shows tho nee
esslty as well as the wisdom of such
laws.
Iu this as In other caws, members
of the State Hoard of Hducatlou have
received letters from persons Iu tlio
school district who felt an Interest
In the decision of the eontioversy be
tween tho teacher and the district,
and tho Hoard feel it Incumbent
upon themselves to say that in view
of tho law governing the decision ot
such controversies they ure prohib
ited from giving these letters consid
eration on this appeal. The Hoard
aie required to divide this and other
cases of similar nature wholly and
entirely upon tlio trauscrlpt of tho
proceedings and the evidence taken
before the Board ot School Directors
as It has licen ccrtlllul up to them
thioiigh tho County School Superln
teudeut. Iu arriving at a conclusion
they are governed entirely by the law
ot lids, slate, tl.o rule llxcl by tho
State Hoard of Kducatlou and the
decisions of the courts bearing upon
the questions Involved. Whatever
ay lie tlio moral obligation upon a
school district to pay a teacher
whoso services have been nccopteil
without any warrant oi'i authority
of law. the Hoard are precluded by
the .tatute from considering tho
questions Involved from any but a
legal standpoint.
Tho State Hoard ot Kducatlou are
therefore of the opinion that Miss
shlvol.'v not linvlnir entered lulo any
valid contract with tlio Hoard of
Directors was not entitled to ileinanu
us il matter of rluht tlmt eliarges be
nrefet-rcd against her.aud that t hero-
rum the action of the County School
Superintendent In so holding was
erroneous, ami 111s ueeisioiisiiouiu ire
aud hereby Is reversed.
At Mndscns.
Hy making u small payment down
you can uru a beautiful present for
Christmas.
Slmnafolt for Photos.
Family groups aud Individual
I'OHTHAITS
ltlver Street. Cottage tirove.
NOTION.
I'liiti-a statu. Un.i omit..,
Ku-tbiirir. On-., (tel. LlKli. l'Jl.
Notice of mU-ltiin of K. J. Il.nl In Uh.H
01 iiimt'li tail 111. L-omuc. ueorKU". i.ii)u
for I'nllccl fltu 1'ntent 10 Ilia Detroit I'xle
Minn
Nitiltc l beruby Klvt'ii. Unit In tmr.iMmoof
Chapter ii. title -TJ ol the llevl.ca Htatntra ol tho
Clllted Slulea. K, J. Ilanl Hho-e H,.lonW-e ad
H JWIITtltl.. WUH , I.IIIIII.T, IFICilJII, HI
buhall of lilnihelf an.l lieorKU W. f.loyil ro-
imiier won mm naanieu an aiipnraiuni lor a
oateul tor the halo mine rlalm t'alle.1 the De
troit Iale, Mtnateil In the IMicmla Mining
Dl'triel. jioutfia. uoum-r, orcron, ana iieaiK
nale.1 hy tho hel'l nolo of the (initial plat on
luciiitne unue.i siattri itiia orato at itot
tjilrtr, Oregon a. Mineral Surrey No. 673. In See'
Uonll.ToKlilhll.il, S. It. 1 Kal V. M. (u.
iHnileli thev lialtnfnif IjlU linear feet of tho
lietrolt fHle, mine or vein bearlnic Oohl or sil
ver wllh aiirfai-e itrounil feet In whlth the
wtme IsjIiik N- 7i)il..anir07 in. WckI.ThiH ft. and
S. 70 (1. 57 in. Haiti tavt. from illseovery cut
.hereon, aituatcd aii.i oeuiK in section, town'
.hliiuuii Italnre as afore.ahl.
The exterior boumlarlei ot inrvey No, &7S are
follow, to-wlf la-ginning at Corner Nu.
leneelho I . S. M. M. eatahllMheil In Mirvev
No. U) heart N. 01 il M in. i.'M utll. ami H. K.
corner of Hvrtioii II (.up) Tp, '.M.S. It. I K bear.
South 17 l. Hi 111 in. hji-t IVJI.Tllft ThiMleo
North 19u. Ml IU. Kant Hi.ll, to comer No,.
Thence N O, il. 111 M: W IVa, U", It. to cor
nerNo.'i'ThcnceH. ISil.ui m Weal ft. to
corner No. 1; Thence B.7011. r,7in. Kail ia luct
toiornerSo 1 tho place of liexlnnlnx rarl
atlon bellltrttjil. .W til. Kant. ronlallllliK ft net
area of r,.SIJacrc. alter exi-hullof conflict wltfi
Arcturua 1h1o Oiuaurveveill and forming a
portion of theM. K. qr. Sec. II (iuicnilcd) T. 23
o. Jl. i r,.oi it . u.
Name of tho ailJolnhiK clahna beltnc tho
Arcturua Lode.utheri If any unknown.
The notice of amendcl location of aald lie
troll todo Mine li of record In tho ofllcu of the
County llecordcr ot nou-claa County, at Kom
burif, Oregon, In Voluin. s pago H of tho Mining
lleoord..
Any and all perioim tuimniir auvcr.ciy llio
mining ground, vein, lode, preinlne. or any
ixirllon thereof mj devcrlbed. surveyed. Platted
and applied for are hereby notified that unle-a
their adi-eme claim, are duly tiled a. accord
lug to law aud tho regulation! thereunder,
within the time prcicrlhcd by law, with the
Itegl.ter of tho United state. Ijind onke at
KoKburg.ln the County uf Uotlglaa stale of
Oregon, they will be barred by virtue of tho
provl.lona of the United State. Htututeti Iu
aueh ea.e. made and provided,
10 7 J,T. lillIOllKH, llcgliler
first pub. Oct. -itSr, lat pub. Dec, lain.
NOTICE I'OIt l'UHMCATION.
l H. Land Ollice,
How-burg, Ore, Dec. 1!), 1001.
Notice Is hereby jjlvpn that the
ollowInK named settlor has II led
notice of Ills intention to make final
proof lu support of Ills claim, und
that said proof will bo made lieforo
tho Heulster and lleeelver of the I'.
S, Laud Olllco at Itosclmrg, Oregon,
on I'ohriiury m, iiwo, viz; 11. is.
No. IIIIL'. John V. .MaHsey. for the
HIvtf BBJ, See. i'O, T. '21 8., It. 3 W.
lie Humes r.no ioiiowiiik witnesses
to prove his continuous residence
upon and cultivation of nald land,
viz:
llenrvO. Combs. William T. Mc
Coy, V. Ci. Miissey and II. I).
liaiiKliumn, an of lioniion, Oregon.
J.T. iiar.H( IUKlHtnr.
Look Like
Tlio clothes we sell give Unit niiinly
appearance. The dollies fire cut tic
couliti to men's ideas ami niudc so
they will become real men. Ifyoiineeil a
NAN'S SUIT OR OVERCOAT
For Christmas or New Year's. Call
ami see our ootls ami net our prices.
AT PACIFIC TIMBER CO.'S STORE
COTTAl.li C.UOYIC,
A S K
F 0 K
T II I S.
FLOUR
MWiimiiinmimniiiimnitiimimiiMimHiimmmirfflrmK
WWYjiPaite!l
S I'lotvi. .M.nv.-ri npl H ikes. Sole iiKi'iits for tin- cididiratccl
MII.IIUKN WACONS
(.'nil .stock of Mining supplies
Piper & Van Denburg
iliiliJlimnuiiiiuiiiiwuiiiiUituiwiwuakiiwu iuiuiuiiiiu
! READY MADE CLOTHING '
The Loudon (ieiii'i-nl Merchaudlsit
Store wish to announce to the buying"
public that they now have a very
complete stock of lleneral Meix'liautllse
which they Intend selling 'JO per cent
percent below all t'oiiiietltloil.
We purchase our (roods In law
ipiautltles throiiKh Eastern Druuiiuers,
pay cash for all we buy, have no IiIkIi
rents, no lusuriint-e rates to pay, and
i'oiisiiiit'iitly can sell very cheap.
Think of ('LAV Worsted Suits.
At $7.50
1 1 lull (Irado Ootids and other Hues
of Iteady.Matlol'lothlm; of Neatest up-to-date
stylo at prices that will sui-prlw
you
D. li. Wells Shoes
Our lino of ;M. I). Wells Shoes are
the best wearers on the market mill at
prices that cannot be eiiialli'd.
Try our Hoast Colfces, tho best
llavor and will please you.
SUTHERLAND & GEER,
London, Oregon.
CI'ltKI) I'AltALYSIH.
W. S. Ilnlly, 1'. O. True, Texas,
writes: "My wife had been ftiifferliiff
11 vo years with paralysis In her arm,
when I was persuaded to uso Hal
lard's Snow Liniment, which mired
icr all rlaht. I have also used It for
old sores, frostbites and skin erup
tions, It does the work." I'.'e, fide,
$1.00. Hold by The .Modern I'linr.
inaey.
Comlnir a larirn assortiiiinit of stab
onory to tlio Modern I'lianuaey.
I'mler Odd Fellows Hull
UIMti
:1
Flour mills
fs m. or i;,
V: unnrnur p. linn ecu
UWV limiiunu a. iimiuuh,
ccn.jt (oil onrtiOi
Hardware I
Stoves iiml Tinware
3
m
m
?&
m
m
m
Lf.
m
m
m
to $9.00
Krrfrrt
Alaclilnc Shop Open.
Ilnvlliix Ki'cui'cil t-outi'ol of the
l.uthain machine shop, I will be pre
pared to do all kinds of iiiauhlue nml
general repair work Metal luruliitf,
llltliiKaud uilJiiHtluic of liiaehliiei'y.
Prompt und eareful lit leiitlon uh'i'li
orileis. V. D.-Whlle. tf
- I'lunoH und Orxann rupulrixl and
tiiiieil at Murtlu nml I.awHon'H, i'lrnt
cIiimh work Kiiunintued, -IU.
I
f.,. rcnui cscrii c.rcoi .lim; i.
1
OUIX'.ON
COTTAGE GROVE
Improvement
Company.
Dealers iu
t City ami Farm Property, j
a-v a-',v'vtk'',V'tvTk'"
iV.
'ft'
4.v4.r4.4-,4.44-4- -4.-
TAILOR MADE j
SUITS!
TO OltOKK (jl
At The Lowest Prices t
t
1
-3)
Clutlies Cleaned, Pressed
And llcp.iircd hr
SI.UU I'KH MONTH.
iii:l lllllll.MAS
(ir
f The Cottiij'c drove
S'I'IsAAl LAUNDRY
Is now Iu rnnnliitf order
nml pri'pared to do all kinds of
t laundry nork with prompt ness
y and at reasouabli- nili-s.
We hopi- to weiir .tour
! pntroiuiKi' and lo pleaw- you
9 with our work. I'hoiie.'tl
t AuxiiKt Swnnrioii, Prep. 'I
OIUAJtJUlJULKUAJUAJUULlUO
-NliW-
Flour h M Store
Hard and Soft Whcnt
iiiiicLion uiiv riotir g
Chop I'wd, i rn tin 111 l''Iour,
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