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About The Oregon register. (Lafayette, Yamhill County, Or.) 18??-1889 | View Entire Issue (Aug. 17, 1888)
ISeglster OREGON. 17, 1888 To F armers .—Messrs Suiter 4 Daniel have completed arrangements with Wm. Reid and C. N. Scott, of the narrow gauge lines, which enables them to guar antee as cheap rates on grain, etc., to the Portland market as may be had at any competing point on railroad or river. The farmers in this vicinity should take ad vantage of this firm’s offer, and store their grain in a first class house, where it will be cleaned in the best possible manner and without waste. <wriie machinery is new, having been run buj.one season, and we are prepared to guarantee satis faction to our patrons. Sacks can be bought of us at the market price. S uiter A D aniel . THE OREGON EDITORSi — annual MxrriNa or the ruts second ASSOCIATION. ~ 1 SUPREME COURT DECISION. F. P. Hembree et al, respondents, va al* unnollanto R. . DftWHnn Dawson ftt. et al; appellant». business oí a firm,«.within the scope of' the part. hip, could tfe abruptly re- yoggj . * “ whicb constitutes the f of tlto relation would be very insecure; it would be in effect that each partner should have the an'herity to manage the business of, tbe linn,' so long as the other members assented to it. • ' That, however, la not the nature of the agreement; it is, that wW them shall be the agent al the partnership and em powered to conduct its affaire so long as itoontinues. If the rule were as con- iended for, an obstinate partner could at any time, interpose and prevent the oou- tinuance of the business however much it might affect the credit and reputatten of the other members. A partner would certainly have no standing in a court of justice, to demand that a sale or mortgage of the property of the company, made in good faith, in pay ment of, or as security fora bona fide debt, due from it should be set aside. And if a partner could not enforce such relief how could the other creditors of the company be allowed to claim that the sale or mortgage was a nullity ? If such, transactions cannot be upheld, honesty and fair dealing must be de clared to be unlawful. I see no reason for changing the former decision of the court in this case, and am in favor of redeclaring it. The Oregon press association |nut? in Rehearing; opinion by Thayer, C. J. convention in the half of representatives j, AND general . It was claimed upon the hearing of this at the capitol in Salem, Friday, August 10th, ana was called to* order by the case tiuit the instrument signed by Black VkknrjrfT'l1»mook- **u,in president, M. 1. Pipes, of the Benton burn in the name of Blackburn and Peck ham, by which their copartnership prop- Leader. . j Mr. E. Long, piano . The secretary called the roll and the erty was attempted to be transferred to r5e.T^y- 1 , Dawson, constituted a general assign following members responded: „,01 occupy the M. E. pul- M. L. Pipes, Benton Leader, president; ment for the benefit of creditors; that it Chas. Nickell Jacksonville Timet, secre was not within the regular course of part goaday evening. tary; R. J. Hendricks, Slater man; J. R. nership business, and as Peckham was adl preach in the Presby- N. Bell, Roseburg Review; W. H. Parry, not present when it was executed, and t Sunday morning. Slaletman; Ira A. Phelps, Medford Ad did not assent thereto, it was void. j^w went to Portland After a thorough consideration of the ie niter; 8. 8. Train, Albany Herald; J. jfternoon on business. W ill D ie .—Last Friday Wm, Davie H. Aldrich, Newport Newt; J. B. Fith matter, we came to the conclusion that idol «qualization will meet at and L. Tindle were working with a ian, Vidette; F. E. Hodgin, retired edi tlie Baid instrument was only a chattel Monday, August 27th. thresher near Ballston, Polk county, and tor; F. C. Baker, state printer and Rural mortgage, and as it was giveh to secure JjLibwell,0« Astoria, is visit- some trouble arose about the food furn Spirit; L. LeMahieu, Oregon flity Coury the payment of a bona fide indebtedness, ,0^, Mr. and Mrs. T. Hus- ished the men by Davis, when Tindle ier; F. 8. Harding, Lafayette R egister ; the said firm was under to Dawson and called Davis a vile name, which so en E. P. Thorp, Drain Echo; M. M. Bannis those he represented it was valid. Counsel for the respondents upon a re Anderson, of Moor’s valley, raged Davis that he grabbed a stake and ter, Dayton Herald; Vf. W. Baker, Rural bjt Burlingame and family this struck Tindle a terrible blow on the Spirit, Portland; Edw. Casey, Pacific hearing of the case have pressed upon head. The blow knocked Tindle insen Farmer; Fred Lockley, Capital Journal; the attention of the court the question -whether the instrument is such assign C1„v who has been quite sick sible and crushed his skull. When he J. W. Webb, Capital Journal; E7 C. saw Tindle was so seriously hurt Davis Pentland, Independence West Side; C. C. ment, or ifi a mortgage, is not material, Jew >’ 8«ttin8 80,1,0 told the" men to take him to the house Doughty, Monmouth Ohterver; Frank as it was executed against tbe open pro test and opposition of the partner, Peck and go for a doctor, and fled to the Davey, Statesman... and family, of Portland, Letters regretting inability to be pres ham, and is therefore vbid. Whether —¿¿ys visiting relatives here woods. On Tuesday he came out of hid ing and gave himself up to the authori ent were received from D. I. Asbury, the instrument was executed against the ties. Tindle is growing worse and can Grant county Newt; L. Samuel, W««l protest and opposition of Peckham is a J«i McCain and family returned not recover. question ot fact, upon which the counsel Shore; A. C. A. Perkes, Portland Journal month’s outing in Tillamook for the respective parties disagree; nor is of Commerce ; J. A. Douthit, Ochoco Re CARLTON. O n T he M ove .—This week has wit Tuesday night. view; W. A. Wash, Dallas itemizer; M. the testimony which bears upon it at all J. E. Young will haves nobby house Hu«ton dropped in on liis friends nessed several changes of base by resi G. Munly, Portland Catholic Sentinel; conclusive. There ¡s evidence in the case, which when finished. Xiring in the mountains dents ot this town. On Tuesday Mrs. Beach & Beach, Lake county Examiner; Boone moved from Dr. Popplefon’s house D. L. H. says be got left on that last to agree with him. W. F. Benjamin, Roseburg Review;]. F. tends to prove that Peckham was not in into the house with Geo. W. Briedwell’s dimeters of the auxiliary guild of family, and Mk Wilfred Unger moved Halloran, Aetorian; Robt. Johnson, Cor favor of securing the Portland creditors paper he was agent for. without securing the farmers for the Charlie Taylor, of Grass Valley, is on a «bvterian church held a meeting vallis Timet. wheat they had stored with the firm, visit to his many friends. hurch last Thursday. / into the house formerly occupied by Mrs. The association adopted a constitution Boone. On Wednesday Prof. ‘M. H. which bad been Bhipped and sold, and George Roberts is at home from Cgstle Jimmie Green’s health has not Parker came from North Yambill, and and by-laws, after which the following unaccounted for. Rock after an absence of six months. resolution was adopted : for »year or more, and he is moved into the house vacated by Mr. Tliis seems to have been the only We have been looking for .our cam Retolved, That the secretary bqanti he | to be failing rapidly. Unger. Mr. Briedwell will soon leave is hereby authorized and instructed to ground of opposition to the mortgage. paign hat for some time. Guess G. C. t. Briedwell ib taking a look at | Lafayette, but has not decided yet just ascertain the standing and responsibility \ ¡J , Peckham did not pretend, nor do re has forgotten us. mtrv over in Washington terri- where he will locate. of advertising agents anti other general spondents counsel claim but that the The shoemaker has part of the lumber advertisers that he may. be in doubt m Puget sound to Ellensburg. Portland creditors w ere entitled to have for his house on the ground. Dr. Popple F ine F ishuio .—John Thompson, Sher about, and inform each member of the ton is furnishing it. bfc examination of teachers will same bv circular and draw tor tlie’"ei-J their debt secured. iff Harris, Al, and Frank Fletcher went pense of the same on thiB association. tin the McMinnville public school The parties all acknowledged that it was Lost, somewhere in the valley, one to the mountains last Saturday. They The secretary was instructed to prepare a just Indebtedness. Peckham was evi large painter. A suitable reward wiH be ■whof August, commencing at 12 caught a fine lot of trout; in fact, Jeff a historical sketch of the society, togeth dently willing to secure it, but, either given for his return to D,, L. IL or says he had all he could carry. er with the constitution, by-laws and through a sense of right, or an apprehen Harry S.. irrt annual lair of the Yamhill Our warehouses are running on full fair isnociation will be held at The supreme court of Washington ter and proceedings, and have 500 copies of sion that he might be charged a ith the nville on September 10th, 11th, ritory has decided the woman suffrage the same published in the best of style, embezzlement of the wheat, insisted up time and taking in a fine quality off act invalid. The case will now go to the for distribution among the members and on the security extending to both sets of wheat. Earmers report a better yield d 13th. claims. than anticipated. to kindred associations. frank Wann and daughter, of supreme court of the United States. Dad Collins came out of the mountains What the relative merits of tbe two The election of officers resulted as fol only, «re visiting Recorder Harris may be is not necessary to inquire, as the other day feeling firstrate, and says lows: - SEMI-CENTENNIAL. lily. Mr. Wann had an attack of the question raised by the counsel goes he got amply paid for the use of his fry President—J. R. N. Bell. morbus from which he suffered The semi-centennial of tire drganisatien Vice-presidents—M. L. Pipes, R. J. to the power of a partner to give such a ing pan and kettle. of the First Presbyterian church of Ore Hendricks, W. W. Baker, 8. 8. Train, J. mortgage in any case, against the express Our genial friend, Wm. Galloway,, Wrens’ missionary meeting will gon territory is to be held at Walla Walla, P. Wager. wishes of his copartner. passed through the other day with a I in the Presbyterian church on W. T», August 17th, 18th and 19th, under I do not think any partner would have funny looking hat on. He held it on Secretary—Charles Nickell. ednesdav evening. Singing, reci- the auspices of the synod of the Colum the right to mortgage the partnership ef with both hands as there was a party Treasurer—8. S. Train. , etc., will be the programme. bia. This church was organized at Waii- fects to secure a liability not arising out ready to gobble it. Sergeant-at-Arms—J. B. Fithian. - --------- >cordially invited to attend. latpu mission station August 18, 1838; Newport, on Yaquina bay, was selected of the partnership transactions against Three runaways in one day this week. first of the week we were shown the Rev. II. H-Spaulding was its pastor as the place, and the second Saturday in the dissent of his copartner; such as the J. W. Shelton’s team took a spin to the inopecimens of tee gehus -spud and-Marcus Whitman, M. -D., its ruling August, 1889, as the time of holding the liabilities of the individual partner exe east with John in close pursuit; it was a cuting the mortgage. iter Dee Derby. They were mem- elder. On Friday, 17th inst., a historical next annual meeting. tight race for a mile and a half. John But to mortgage the property of the co passed some parties in the road and they [ the (early) Rose family, and are paper, "Spaulding and the Old First The chair was empdjvered to appoint a Church, ” will be read, and an ' address partnership in good faith to Becure a rjert and finest potatoes we have committee of three to draft a bill to be said he was carrying big shoes in. onq delivered—subject, “A Political History presented to the next legislature touching' valid existing indebtedness against the ria year. hand and crying with the other. That’s . Reid, of the P. A W. V. railway of the New Northwest.” On Saturday,, the publication of the proceedings of firm presents a different question. the way Harry tells it. H awk -E xb . .. the 18th, there wilt. be memorial services county courts. The chair appointed In the latter case, it seemBto me, that » gauge) has issued.a circular to — - — A Woman ’ s Disoovery, at Whitman ’ s grave and an address de it would not matter whether the other Charles Nickell, Frank C. Baker and Bind warehousemen, in which ho party assented or dissented. “Another wonderful discovery has been, mad» ■ company will furnish transpor- livered—subject, “Memories of Whitman Edw. Casey. TJie creditor would have an undoubted and that too by a lady in this ooonty. Dlseare In the evening a public reception was to Portland as cheap as any other and the Hudson Bay Company;’’ also an address—subject, “Marcus Whitman,” given the members of the association by right to seize and sequester the property fastened its olutchea rpon har and for seven Ind if the 0. 4 C. west side de with “Missionary Reminiscences;” “John the good people of Salem. On the plat in order to obtain a satisfaction of his de yean she withstood Its severe«! tests, bnt her tain to the various w harves and mands, and I cannot understand why vital organs were undermined end death seemed Met in Portland free of cartage Huss the Bohemian Reformer;” etc. form were M. L. Pjpes, president; J. R. imminent. For three month« she coughed in On Sabbath, the 19th, several addresses N. Bell, presidentelect; Governor Pen- one of the partners would not, have the cessantly and could not a’eep. She bought of* apany will do the same, or at the right to turn it over to him as a security will be delivered by prominent ministers noyer, Mayor DeLarihmutt, Senator rates as they elfarge. na a bottle of Dr. King’s New Discovery for and others, bearing more particularly on Slater, Mayor Murphy, Hon. A. Bush therefor, if the other did object to his do Consumption and was so mach relievad on tak ing BO. i A ccident .—Mr. Horace Hawley the present work of the I’resbyterian and Prof. J. B. Homer. ing first dose that she slept sll night end with- “By the act of entering into the co one bottle has been miracnlonsly cured. Her accidentally shot and killed at Mc- church on the Pacific coast. Governor Pennoyer was introduced, Monday afternoon. He had been The presbytery of Oregon will hold its and on behalf of the state, welcomed the partnership,” as was said in Wilkins vs name is Mrs. Lnther Lota.” Thus write Ham ng and was standing on the side- fall meetings at Lafayette, where the association to the legislative hall. His Pearce, Denio, 544, “each of its members riek A Co., of Shelby, N. C. Get a free trial bot tle at J. M. Kelty'a drug store. 1 near Belt’s store, when the gun first of its sessions was held many years address was pie pared with care, and the become clothed with full power to make any and every contract within the scope i he was holding with the muzzle ago, when organized by the late Dr. E. large audience hstened to it with marked The circus and menagerie is coming. and limits of the copartnership business. The coin it will carry away would go «g upward slipped from his bands, R. Geary in 1851, together with Revs. attention. jammers striking the edge of the Robert Robe and Lewis Thompson. La Mayor Murphy in a neat speech assured All such contracts, will therefore, be ab far toward making Yamhill homes mote nlk and exploding both barrels, fayette was then the second town in pop the association of a hearty welcome bv solutely binding upon the several mem- comfortable the coming winter. bers.” charges entered the groin leaving a ulation and importance in the territory of the city of Salem. This power is incident to the copart le hole. He was carried to his Oregon. W m . C lyde . President Pipes responded in a neat , where he died after three hours of speech; Prof. Horner read an original nership relation, and must exist, in defi NEWBERG. » Buffering. He leaves a wife and poem; and the audience was favored ance of expostulations 'and objections, with some fine vocal and instrumental while the relation endures. Nice croquet set at the restaurant. If the act of the.PMt.ugl were of aueb«____ •H1HW. Rut-Mayor -De Lash mutt’s ad B l B elli . — A misunderstanding LVnref'cliWB blacksmith from Porthmd character that it would have the effect to dress was the one thing on the pro • «risen between Cyrufe Hinton, is going to open a shop here. dissolve the copartnership or if it related gramme which pleased all. Tbe meeting f, «nd Thos. Schribef, renter, in Harvey <k Perkins have painted two to a matter outside of the copartnership was a grand success. (behalfm, about the possession fine large signs for Mr. Parrott of Dundee. business, I should regard the question in Wrvesting of crops, words brought REAL ESTATE. a different light. Lewis Hoskins <4 Co. are going to start hvb , which resulted in a complaint threshing with their new engine to Then each of the partners would be The following deeds were recorded dur [brought by Hinton against Schriber entitled to be consulted in regard to it day. ing the week ending August 11,1888: ■swault with a dangerous weapon, and have the right to object to its being Mr. Snodgrass is having a houre built W. J. Garrison and wife to C. W. Hol ednesday the accused appeared be- done; but I am not able to conclude that north of the little white schoolhouse at man and wife. 10 acres of the Samuel Co Jwtice Ijarding, when he waived a partner, after having tacitly agreed zine, land claim, in t 4 s, r 4 w; $2,400. the station. and w*s bound over in the that the other members of the firm shall Galloway A Goucher to T. J. Force, lot The bridge by Abner George’s place is ,. $300 to awtit the action of the have authority to represent it in all co •jury. He furnished the bonds. dangerous. The supervisor should see 2 and part of lot 3, block 19, Rowland’s partnership transactions may suspend addition to McMinnville; $275. to it before someone goes through. Galloway A Goucher to S. C. Force, such authority at his own will or capric® •®>w P eaches .—It is often that Hurrah for Newberg ’ We are going to lot 4 and part of lot 3, block 19, Rowland’s especially where the proposed act consists the remark that |>eaches will have fine sign uh up at the depot, bo addition to McMinnville; $275. • za '--------- nave a unc Mrs. Nellie Warren to Mrs. L. J. Mad of carrying out an obligation which the th 7Tn> and M often we have travelers can tell at what station they dock, lot 1 52-100 x 3 «4-100 chains, in firm is under to a third person. ft that they will. Mrs. Burbank 8uch a view does not appear to me to College addition to McMinnville; $1,750. ■bered the R eoister with a basket are. J. D. Carter is going to build a fine be reasonable. a ■J, large, luscious (Caches of' the Buckles’s Arnica Salve. residence at the station, Newberg will One partner should certainly have the Cttwford variety, which were raised be next in sine to McMinnville—if we The br«t'‘«DW in tbs world for cut«, bro««, right to pay off a debt due a creditor of place near town. If the poor only had a court house. seres, ulcers, «alt rheum, fever »ore«, tetter, the firm, from its assets, notwithstanding This powdsr never v«rl*a. A marvel of per 1 be east could see our There Was quite an excitement at Hob chapped band«, chilblain«, corn», and atl akin : the remonstrance of the other partner; Hy, «tr-uvtb end »»»mousi™. More ero- onia be enough to bring thous- nomieel than the ordinary kinds, and rannot be son’s warehouse at noon Monday last, empties«, and positively core« pile«, or no pay and I am unable to discover any diflbr- sold in oompetition with the mnhitode lit low “them to this state. tent, short weitrhv «Ian. or phoapbate powder« which was caused by the hands trying to nqti'.redi It fe j an.nl.'d tc hive perfret «at- , ence in prind|>le hi the two cases. •Pwe ; full blooded VVyandtet ug>s- raise a long and large pipe of the engine. ■»tuition, or money refunded Price 23 eenta | If the authority of a partner tq transact Hold only in c<na. R otil B azinu Powpaa. oo., 1« w * ii se «¡1, per box. for s»|s by J. M. Kelt/. M. Smith. >. D uke . POWDER Absolutely Pure. ■#- t