7
... ... .. -f r f
f J i ,
1
rftfVA,
VOL. XVI.
DALLAS, POLK COUNTY, OREGON, AUGUST 7, 1903
NO 21.
4Frak
f i I it to
Our
fl" Having removed our entire stock to
Falls City, onr -Clearance - Sale will
continue in the departments where we
arc overstocked. Onr Hargain Count
ers there will be tilled with things you
can use. You can huy front us at
Wholesale
We Want Your Produce
And will pay you for coming to trade at our new store. Remem
ber that we carry everything, and always at the lowest prices.
BryanLucas Lumber
Company
Falls City,
Tn order to encourage exhibitors
and attendance at the state fair,
the Southern Pacific Company will
transport all exhibits, including
live stock to and from the Oregon
state fair free of charge. Exhi
bitors should ship direct to the
Fair Grounds, where they will find
ample facilities for unloading all
exhibits.
llalsey was almost entirely de
stroyed Thursday evening by the
largest and most destructive fire in
the history of Linn County. Almost
the whole business portion of the
town was desolated, only two busi
ness houses remaining. One private
dwelling was consumed. Scarcely
any of the goods were saved from
any of the buildings. One man
was slightly injured. The Albany
fire department and volunteers
went to the scene of the conflagra
tion and did efficient work. The
total loss was about $70,000, only
a part of which was covered by in
surance. The fire was discovered
at 5:30 p. m. The cause is not
known, but was first seen in the
roof of the creamery in the northern
part of town, owned by Mr.
Kaupisch, of Corvallis.
OREGON'S
BLUE RIBBON
STATE
FA I R
SALEM
September 14 - 19, 1903
The Greatest Exposition and
Live Stock Show ou the
Pacific Coast
High Class Kacing every p. m.
$12,000 CASH PREMIUMS
on Live Stock and Farm
Product?
AH Exhibits hauled free over
the Southern Pacific
Reduced transportation rates on
all lines
LIVE STOCK AUCTION SALE
held in connection with Fair
Fine camping ground free and
reduced rates on camper's
.tickets. Come and bring
your families. For
further informa
tion, write
M. D. WISDOM, Secretary
Portland, Oregon
Sale
Continues
IPrices.
LOW RATES TO SEASIDE
Fast Through Train Service Between
Portland and All Beach Points
. After July 6.
Commencing Monday July 6th,
the Astoria & Columbia River Rail
road Company will resume its
Summer Special Seaside Schedule,
and trains "leaving Union Depot
Portland at 8:00 a. m. daily will
run through direct without transfer
at Astoria to all Clatsop Beach
points, arriving at Astoria 11:30
A. M., Gearhart Park 12:20 p. m.,
and Seaside 12:30 p. m., making
direct connection at Warrenton for
Flavel.
Beginning Saturday July 11th,
and every Saturday thereafter the
popular Portland-Seaside Flyer will
leave Union Depot at 2:30 p. m.
arriving at Astoria &:oU p. m.
Gearhart Park 6:40 p. in. and Sea
side 6:50' p. m., making direct con
nection at Warrenton for Flavel.
In connection' with this im
proved service, round trip season
excursion tickets between Portland
and all Clatsop and North Beach
points are sold at $4.00 for round
trip, and Saturday Special round
trip tickets between same points,
good for return passage Sunday, at
$2.50 for round trip. Special Sea
son Commutation tickets, good for
5 round trips, from Portland to all
Clatsop and North Beach points
sold for $15.00. Beach excursion
tickets sold by the O. R. & N. Co.
will be honored on trains of this
company in either direction - be
tween Portland and Astoria.
For additional information
dress J. C. Mayo, G. F. & P,
aa
A., Astoria, or E. L. Lewis, Comm'l.
Agt., 248 Alder St., Portland, Ore.
Write for the novel and edteby
Seaside pamphlet just issued tell
ing all about Summer Girls, Sea
Serpents and Sunsets at Seaside.
Excursion Rates To Yaquina Bay.
On June 1, the Southern Pacific
Company will resume sale of Ex
cursion tickets to Newport and
Yaquina Bay. This resort is be
coming more popular every year;
and hotel accommodations are
better than ever before, and at
reasonable rates. Season tickets
from Derry to Newport $4.50; to
Yaquina $4.00; Saturday-to-Monday
tickets to Newport $2.65.
You Know What You Ar Taking
When you take Grove's Tasteless Chill
Tonic because the formula Is plainly
printed on every bottle, showlcs that
it is simply Iron and Quinine in taste
less form No Cure, No Pay. 60c
Oregon
GREAT FAIR PROMISED
Exhibit This Year Will Be a Record
Breaker. No time in ' the history of the
Oregon slate fair has there been
such a good feeling among the
agricultural classes toward the suc
cess of the fair as exists at the
present time. Every section of
the 6tate seems to be taking an
interest in the fair and promises to
give it their hearty support. ' East
ern Oregon for the first time has
promised one or two county ex
hibits, consisting of agricultural
products, while the southern por
tion of the state will also be repre
sented by a comprehensive exhibit
of its agricultural products. Live
stock from all over the state is be
ing prepared for this year's fair.
There are reasons for this
awakening of the people to the
support of the fair. One is, the
management ha worked hard and
faithfully to make the fair as broad
as the state itself. The transpor
tation companies have come to
their assistance and made very
liberal rates on hauling exhibits
of all kinds. Another is, the peo
pie are beginning to realize that it
is time to let the outside world
know of the wonderful resources of
our state, and believe that the state
fair is the proper place to meet the
better class'of homeseekers. This
will make the fair doub'y valuable.
It will give those who are looking
for homes on Ihe Pacific coast an
opportunity to see in a body what
our state can produce, and where
it is produced, without traveling
all over the stateat great expense.
It will also give the exhibitor the
best possible opportunity of show
ing his products, whether it be
grains, grasses, fruits, vegetables or
live stock.
Eat All You Want.
Persons troubled with indigestion
or Dyspepsia can eat all they want
if they will take Kodol Dyspepsia
Cure. This remedy prepares the
stomach for the reception, reten
tion, digestion and assimilation of
all of the wholesome food that may
be eaten, and enables the digestive
organs to transform the same into
the kind of blood that gives health
and strength. Sold by Belt &
Cherrington.
SICK HEADACHE ABSOLUTELY and
permanently cured by using Mokl Tea.
A pleasant herb drink. Cures constipation
and indigestion, makes you eat, sleep,
work and happy. EaligfacUon gu&t&sUtd
or money back. 25 cts. and 0 eta. Belt
& Cherrington, Dallas, Oregon.
WILL RECOMMEND BUILDING
State Needs Proper Place for Care
Criminal Insane.
ihe leacock case has had
tendency to impress upon the mind
of Governor Chamberlain the fact
that the state is in need of a proper
place for the confinement and care
of the criminal insane and he has
made a memorandum of the matter
in order to include in his message
to the Legislature the recommenda-
tion that a buildisg Deconstructed,
either separate ort in connection
either the Insan Asylum or the
Penitentiary, expressly for the con
fanement of the criminal insane
where they can receive treatment
for their malady and at the same
time be under the same restrictions
and discipline as the inmates of the
otate I nson. ,
In his long experience in the
practice of law the Governor says
that it is a notable fact that when
a plea of insanity is entered in a
case as a defensefor the commission
of a crime of more or less enormity
and where thereis the slightest
foundationer such' a plea and the
jury is satisfied that the plea is
well founded, while it is'quite plain
that the defendant is guilty f the
crime charged, they have only one
two things to do; find them
guilty of the crime; and send them
to the Penitentiary, or find them
nsane and commit them to the
Asylum, neither pf . which is the
place for the confinement of the
criminal insane. -Statesman.
i i
Adjutant-General C. U. Ganten-
bein has resigned his oflice to accept
the Colonelship of the Third In-
fnni. d . , r xt tt
lauujr' iwgiiucm,- u, ix. kj. ms
place will be filled by Captain
W. E. Finzer, of Woodburn.
uovernor unainoerlain has ap
pointed Oswald West, of Astoria
State Land ..'.rent to succeed
Hon. J. W. Morrow, who tendered
his resignation Friday morning to
accept a position more to his lik-
ne. Mr. West is teller in the
irst National Bank, of Astoria.
He held a similar position in Ladd
ik cusn s panic in feaiem tor manv
O Tt 141 1 fi 1 ' m
years.
According to an inventory just
filed by the appraisers, the estate
of the late Henry W. Corbett, of
Portland, is of the value of
$2,621,538.85. The largest items
in the appraisal are $520,000 worth
of stock in the First National Bank,
of Portland, $200,000 worth in the
Portland Hotel, $169,260 in the
City & Surburban R. R., a mortgage
on the same for $85,000, and
$102,000 in Union Pacific R. R.
Co., preferred stock. More than
50 notes executed by various in
dividuals, marked
represent some of
uncollectable,
cnaniy. iney aggregate over
$10,000, and the names in the list
include those of well known citizens
of Portland.
"By the Eternal Gods, I will
shoot the fellow who throws eggs
at me, and I will shoot to kill" are
strong words for the meek and
lowly Quaker. Still, a well de
veloped and mature piece of hen
iruu squashed without warning
amidships, and another lathering
whiskers and trickling its contents
down your undershirt might cause
worse language than that. The
Quaker doctors received a full
volley of eggs last evening during
the spiel from the shadows of the
jail where the offenders should be
confined. In the midst of the ora-
tory which produces the money
from the crowd there came a swish,
and beholdl The visages of various
bystanders were filled with im
promptu omelet, unprepared and
uncooked. The doctors escaped
without a stain on their long coats.
The incident aroused the ire of the
Quakers and with anything but the
spirit of "turn the other cheek,"
the orator bequeathed a string of
invectives from the platform which
had a tendency to cook the omelet
which had been distributed to the
crowd in such a nasty manner.
Eugene Guard.
EXFERIEXCE 13 THE BEST teecher.
Use Acker'a English Remedy In any
case of coughs, coid or croup. Should It
fail to filvo :aiRU,i:atc relief mcr.ey re
funded. 2S cts. and SO eta. Belt & Cher
rlngton, IMllaa, Oregon.
POULTRY AT STATE FAIR
of Prospects Are Good For a Mammoth
Exhibit This Year.
a The prospects for a mammoth
exhibit in the poultry department
of the Oregon State Fair for 1903,
at Salem, have never been as bright
as they are now, writes Superin
tendent C. D. Minton, in the Pacific
Homestead. Poultrymen all over
the Pacific Coast are writing for
premium lists and entry blai:ks,
and there have been no less than
to sjx breeders who have stated that
they would put in at least 40 fowls
- each.
The State Fair board hasordered
new up-to-date coops, and, barring
accidents, the fowls this year will
be housed in elegant, uniform coops
throughout
A Dremium received at the Ore
gon State Fair is considered equal
to an award received at any poultry
show. This year the competition
promises to keen, and practically
all breeds will be well represented,
The Fair board has been ex-
ceptionally liberal this vearin the
matter of premiums in its effort to
draw out a good exhibit. This
year there has been added a "best
display" award of $15 first, and
$10 second. The only requisite for
this is 20 birds in the class; they
may all be of one variety. The
iudee will place the awards. There
is also a "best pen" premium o
I
$10,alsoa "best specimen" premium
of $5, in both parti and solid color
in weight and non-weight varieties.
These are all new premiums and
are worth coming to the Fair to
secure. The money value of these
premiums, while large in itself, is
ii . . il. i .. .. .1
sman eompareu to me nonor anu
the value as an advertiser.
The stock will have the best o
care and everything will be done
that is possible ip do to make this
department of equal importance to
i any other. In shipping stock it
should nlwa.VS be shipped to the
r air rounas, uregon. -ana never
10 fealem- 1 lie management can-
not Posslb'y receive poultry .it
BhiPPed to S;,lem. and lhey wil1 be
returned to shippers. The birds
are received at the Jair urounds
depot and re-delivered there at the
close of the Fair. The board
furnishes, free, grain and cure dur
ing the Fair, and the owners have
no trouble at all on that score
We hope to see a fine display of
water fowl this year, as special ar
rangements will be made to care
for them and properly coop them.
There are hundreds of fine geese
and ducks in Oregon and Wash
ington, and to bring them out a
"best display" premium of $5 has
been offered in each class, the only
reauisite being 10 birds in the
ciag8 j, ;8 mv diri as suuer
the good of the show and with the
co-operation of the breeders we can
have at least 1,200 fowls, which
would not be too large an estimate
J SIC
Was Always Very
Pale and Thin.
Nervous Prostration-
Faint Spells.
Dr. Miles Nervine Saved
My Life.
There is preat aamrer in a run dowa con
dition. Overwork, mental strain, the care
and worries of business and the home, all
have a deleterious effect upon the nerves,
which in their devitalized con-lition readily
fall prey, to the attacks of disease. Aside
from the danirer there is no condition at
tended by so many disagreeable symptoms;
-such as loss of appetite, indigestion or nerr-
ous dyspepsia, headache, tired leeling and
loss of ambition together with the agony of
sleepless nights spent in tossing restlessly
aoout, oniy io rise cxnausieu iu uic uiuriuu.
Dr. Miles' Nervine is a true nerve tonic
which, by strengthening the nerves, restores
health and appetite and brings sweet sleep.
For six years I suffered tlmost constantly
from a complication of troubles which culmi
nated in complete nervous prostration. I
had no appetite, I could not sleep, I suffered
from indigestion and nervousness. As ii so
often the case in nervous prostration 1 fre
quently had weak, fainting spells. Doctors
did ii jt help me. They said my blood was
very poor, and I know my face was alwavs
very pale. The very first bottle of Dr. Miles'
Nervine I took gave me noticeable relief and
I felt stron er than I had in years. My
ne:griD"rs in ruvaiuip, v an wnere i men
lived will testify to this. I also used some of
Dr. Miles Restorative Tonic and Ann I'aiu
I believe the Dr. Miles KemHies
saved my life." Mrs. J. C Benedict, Tuck
er, Utah.
All dru.'zists sell and euarant-e fir-t bot
tle l)r. .il.l-js' Re-ne iies. Send l' f free book,
cn N-rrc-t:-. Heirt Ie-. Addre
Dr. Miiei Medical Co, E: ii hart, Ind.
to attempt to reach. We ask each
exhibitor, who has a neighbor that
has a few fine poultry, to insist on
him sending them. It is to the
interest of every breeder to do this.
Build up large shows, and that
builds up the poultry interests.
Ed Carlisle, of Portland, Oregon,
will serve as judge and place the
.awards. Mr. Carlisle's integrity is
so well known among poultrymen
that if stands without a question,
and, when an award is placed, tht
exhibitor knows that it is placed
ou the right fowl.
Come and spend a week at the
Fair. Bring your family and tent.
If this is impossible, send your
poultry and they will be treated as
well as though you were present.
If you ship by freight the poultry
are carried free, if by express a
l IT i 1 t
single nierenanaise race is cnargeu.
A good way if you have only a few
fowls is for two or three neighbors
to ship together, but, in that case,
always notify the superintendent
east twq days before shipment that
you intend doing this, designating
what fowls are yours. It will also
be a matter of great convenience to
have the entry sheet filled out and
sent to the sunerintendent bv at
east Saturday before the Fair
"
opens, which is on Monday, Sep-
tembe'r 14th. Entry blanks will
be ready for distribution within a
few days and applications should
be filed for them now.
Observer legal blanks are best.
IN FAVOR OF GROWER
Dealer Fails to Recover Possession of
Hop Crop. .
The purchaser of hops under an
executory contract cannot recover
possession thereof by replevin as
long as anything remains to be
done to pass title. A hop mortgage
to secure fulfillment of contract of
11 . ....!
saie uoes not entitle- trie mortgagee
to .possession of the hops until he
has reduced his claim to liqui-'at.-
damages
This i.s the substance of a de-
cision lendered by the bupreme
Court in the case of A. F. Btck-
haus, appellant vs. F. W. Buells,
J. M. Wolford et al., respondents,
appeal from Marion county. The
suit was brought before Judg
George II. Burnett, and was de
cided in favor of. the defendants.
The Supreire Court affirms the
lower court in holding that
replevin does not lie to recover
hops under an executory contract,
such as was in general use prior to
1903. The court indicates, its
opinion, however, that such con-
tracts should be enforced, and may
be it proceeding ot a proper nature
aio ui uugui.
i i..
This was a suit to recover
poesession of 44 bales of hops of
the crop or iyuz. lTainun claimed
the right to possesion by virtue f
contract which purported to be a
sale, and also a mortgage to secure
advances made by the dealer lo the
grower. Ihe terms ot the contract
left the purchaser to be the jude
of the quality of the hops, and it
was also agreed that the contract
should he a mortgage to secure the
faithful performance of the agree
ment. The defense wart that ih"
contract was exccutoi v, that the
plaintiff had m fused to make the
advances as agreed, whereupon the
contract was rescinded by mutual
consent, and that defend int had
repaid the $1 advanced, with
nterest. The judgment of the
ower court was in favor of Buells,
the seller of the hops.
The opinion of the Supreme
Court says that the contract was
entered into in March, 1902, and
related to a crop of hops to be
grown that year, cleanly picked,
well dried, and put up in good
merchantable order, etc., and since
Buells was required to segregate
the hops and put them in condition
for acceptance, the agreement was
only an executory contract, and the
labor necessary to their preparation
for delivery was a condition pre
cedent to vesting a title in the
plaintiff. "No title or right of
ACKER S DYSPEPSIA TABLETS art
sold on a positive guarantee. Curea heart
burn, raising of the food, dlftresa after
eating or any form of dyspepsia. Om
littt tbW (fives Immediate relief. 2
eta. and 60 cts. Beit & Cherrington
Oailaa. Oregon.
THE OLD REUADLE
"" .". " '.
kJ3t U M
THERE IS ND SUBSTITUTE
possession having paesed by such
JJ - SI . .... .
tuiuraui, b,uu me uouri, "it is
settled in this state that replevin
not lie to recover possession of
personal property under such cir-
cumstances."
After holding that plaintiff can-
"ot rest his right of recovery upon
the executory contract, the Supreme
Court discussed the agreement
viewed as A mortgnge. It is held
. '"at ilctendant had tendered repav-
... -
mt!lt ' the advances made by
plaintiff, and that plaintiS was
not entitled to possession of the
hops because of advnnces made to
defendant by. plaintiff's agent on
the latter s own account, which ad
vances had not been repaid. The
decision continues:
"It is maintained by plaintiff's
counsel that, Buells having mort
gaged the hops as security for the
faithful performance of his part of
the contract, for a breach thereof,
plaintiff was entitled to the pos-
session of the property. If Buells
did' not raise .the prescribed
quantity of hops, or if they were
not of the specified quality, or if
they were not picked, dried or baled
In the manner - indicated, and
Backhaus, in consequence thereof,'
j8 ,0 ,e the sole judge in his own
Cush of tlm i-ipnl( i Ac.
mand for a violation of the terms
0f the executory agreement, the
mpiiHiirn nf his PYn(.ii,,i. mi-rl.i im
difficult of ascertainment until he
had manifested it by settling with
Buells. If Buells failed to raise'
10,000 pounds of hops of the speci
fied quality, etc., or refused to de
liver them, Backhaus was eptitled
to recover from him the damages
he had sustained, which would be
the difference between the market
value on October 30, 1902,of 10,000
pounds of hops of the character
and quality specified and the price
agreed to be paid theiefor. but as
this sum had not been liqqidated
the debt which was the considera-
.... . .
tion for tins part of the secur tv
Cliud not be ascertained, except by
8ome judicial proceedings instituted
for that purpose. It is tru- that
plaintiff, in anv event, was entitled
to nominal damages, but this term
js K0 indefinite and the measure of
this kind of damages depends upon
g0 many elements that it would be
improper to permit him to be the
judge of the sum
to which he was
entitled .as sueh
or lo take pos
session of the
proper'y to satisfy
same.
"Contracts of thechnacter under
consideration ouorlH to be enforced
if possible, bill, as plaintiff had not
reduced his damages to a matter of
money value fit as to form a debt
as a consideration fur ihe security,
he was not cut it led lo the possession
of the properly, for he could only
take it for the purpose of selling it
in the manner prescribed by law
to satisfy his demand."
It is further held th at where the
condition in a chattel mortgage is
broken, if the obligation is un
liquidated, the mortgagee must re
sort to some appropriate judicial
proceeding to enforce his lien, in
which the amount of his debt can
le ascertained and the rights of the
parties declared and enforced.
Played Out.
Dull Headache, Pains In various parts
of the body Sinking at the Pit of the
Stomach, Loss of Apptlt, Feveri?hnens.
Pimplea or Sores are all positive evidences
of impure blood No nwitier how it be
came so. It must be purified In order to
obtain good health. Acker's Blood Elixir
has never failed to cure Scrofulous or
Syphilitic poisons or any other blood
dlseapra. It is certainly a wonderful
remedy and we sell every bottle on a posi
tive guarantee. Belt Cherrington, Dal
las, Oregon.