1
States, or a capture of or attack upon an prevent invasion or attack by means of
before it aiid inflict punishment upon him fot
Administrator s Notice.
American vessel, navel or commercial, its tlire»ts to bombard the blockaded
the alleged offense.
The civil code of this state, Sec. 650, prest.ibes
by a British man-of-war, or an attack
Notice is hereby given that the undersign-
what acts and omissions, in respect to a court I
upon an American port by British ves Canadian port, very few believed in it.
justice, or proceeding therein, shall be
' oti has been by the county court of Yamhill
sels, the city would Io bombarded and Even if the syndicate could do any moro UP. FOR THE OFFICE OF ATTOR of
deemed to be contempt of the authority of the
i county. Oregon, duly apjminted adminis-
damage in that quarter, which waj im
NEY GENERAL.
destroyed.
court. They are as follows: * * ♦ And it au
: t hi tor of the estate ol Joseph H. Hodge, de-
thorizes every court of justice, afld every judi
I ceased. All persons, therefore, having any
This message, which was of course in probable, what was to prevent the British
navy
from
playing
the
samo
game,
and
cial officer to punish contempt by fine and im
claims against said estate are hereby not 1-
stantly transmitted to London, placed
He Believes in the Divine Rights of prisonment or both, but provides that such fine
Cray are the eyes of my darling, my dear.
; tied to present them to me duly verified at
the British government in the apparent entering an American seaport, threaten
Bright are the eyes of my queen;
shall
not
exceed
$
(X?,
nor
the
imprisonment
six
Judges
to
Fine
and
Imprison
Those
|
the office of McCain A Magers, at McMinn
Fond as the dreaming of tropical skies.
position of being held by the throat by to bombard the place if the syndicate did
months: and that when the contempt is not one
ville, Oregon, on or before six months from
Who Criticise His Actions.
not
immediately
run
all
their
queer
ves
Glad as the rivulet's midsummer sheen.
of those mentioned in subdivisions 1 and 2 of
this 14tli dav of April, l^?.
tho American War Syndicate. But if
But oh. and oh.
sels
high
and
dry
on
some
convenient
sec.
650,
or
subdivision
1
of
sec.
916,
which
em
HIRAM RFMMELI.,
ths British government or the people of
Bright eyes will dim some day.
Admlnstratwr.
every judicial officer to preserve and en
In its issue of December 12, 1889, T he powers
England or Canada recognized this posi beach?
While a true heart lasts for aye.
force
order
in
his
immediate
presence,
etc.,
it
McCain
Magers. Attorneys.
A feeling of indignation against the syn V allly R ecord of Ashland made a must appear that the right or remedy of a party
tion
at
all
it
was
merely
as
a
temporary
Brown is this tress of my darling, my dear.
condition. In a short time tho most dicate had existed in the navy from the sharp criticism of the management of ■ to an action, suit or proceeding was defeated or
Silken this tress of my fair;
for Infants and Children
Assignee's Notice.
prejudiced thereby, before the contempt can be
Brown with a hint of the sun’s tenderness
powerfnl men-of-war of the royal navy,
the First judicial district of Oregon, I punished, otherwise than by a fine not exceed
Twined in the strands of her beautiful hair. as well as a fleet of transports carrying
over which Lionel K. Webster presides ing $100. Sec. 651.
Castor la cures Colic, Constipation,
Notice is hereby given that I have been
* ‘Castor! a is so well adapted to children that
But oh, and oh.
Section 652 of the code provides that “When a
troops, would reach tho coasts of North
Sour Stomach, Diarrhoea. Eructation,
as judge. The next day Judge Webster, I contempt
duly appointed assignee of the estate of D.
Sweet locks will thin some day.
I recommend it a* superior to any prescription
is
committed
in
the
immediate
view
Kills Worm*, gives sleep, and promotes di
America, and then ths condition of
(
’
.Cameron«
Co., insolvent debtors. All
While a true heart wears for aye.
known to me.’’
H. A. A rcher , M. D.,
gestion.
the grieviously offended party in the or presence of the oourt or officer it may be
persons, therefore, having any claims
affairs would rapidly bo changed. It
Without injurious medication.
Ill So. Oxford St., Brooklyn, N. Y.
punished summarily, for which an order must
Praises belong to my darling, my dear,
court
room
at
Jacksonville,
sixteen
miles
against
said
estate
arc hereby notified to
was absurd to suppose that a few me
be made reciting the facts as occurring in such
lave is but due to my sweet;
present the same to me, duly verified, at
from Ashland, in his own handwriting, immediate view and presence, determining that
dium sized vessels, however heavily
So here I pluck from the garden of song
“
For
several
years
I
have
recommended
the ‘«ftice of McCain A Magers, at McMinn
“ The use of ‘ Castoria * is so universal and
the person proceeded against is thereby guilty
This tiny blossom to throw at her feet.
its merits so well known that it seems a work your ‘ Castoria, ’ and shall always continue to
issued the following, to wit :
armored, or a few new fangled subma
ville. Oregon, within three months from
of a contempt and that he be punished as therein
of supererogation to endorse it. Few are the ao so as it has invariably produced beneficia'
But oh, and oh.
this 14th dav of April, 1892
rine
machines,
however
destructive
th?y
prescribed:” and sec. 653 provides, “that in
I n the C ircuit C ourt i
intelligent families who do not keep Castoria results.’’
Beauty will fade some day.
JOHN H WALKER,
for
?
cases other than in those mentioned in sec. 652,
within easy reach.”
might be, could withstand an armada of
E dwin F. P ardo , M. D.,
While a true heart lasts for aye.
Assignee.
C arlos M artyn , D.D..
J ackson C ounty . O regon .)
before any proceedings can be taken therein, the
“The Winthrop," l»th Street and Tth Ave.,
—George Horton. 1 the largest and finest armored vessels in
McCain
A
Magers.
Attorneys.
New
York
City.
W hereas you E. J. Kaiser and N.A. Jacobs as facts constituting the contempt must be shown
New
York
City.
Late Pastor Bloomingdale Reformed Church.
I the world. A ship or two might be dis-
editors and publishers of the V alley R ecord , by an affidavit presented to the court or judicial
t abled, although this was unlikely, now
a newspaper published at the City ol Ashland, officer, and thereupon such court or officer may
Jackson County, Oregon, on Thursday the 12th either make an order upon the person charged,
' that the new method of attack was un
T bx C zxtaob C oupaxt , TT M vbkàt S tbmt , N iw Y ob *.
day of December, 1889, in an issue of the said to show cause why he should net be arrested to
—VIA—
derstood; but it would soon be tho ports
V alley RecORD published on said day did answer, or issue warrant of arrest to bring such
of the United States, on both the Pacific
publish of and concerning the above Court and person to answer in the first instance.”
the Judge and officers thereof the following, to-
and Atlantic coasts, which would lie
Section 655 provides that “in the proceeding
By FRANK R. 8T00KT0N.
wit :
the State is the plaintiff: and that in all cases of
under tho guns of an enemy.
“The circuit judge has ordered an investiga public interest, the proceeding may be prose i
But it wa3 not in the power of their
tion into the why« and wherefores of a material cuted by the district attorney on behalf of the
Express Tyainn Leave Portland Daily.
Author of “Rudder Grange,” “Amo* Kll- navy that the British government and
witness disappearing in a criminal case in State, and that in all cases where the proceeding
ARRIVE.
I.KAVK
which his important testimony was needed to is commenced in the relation of a private party,
bright,” “The Bee Man of Orn,” “The the peoploof England and Canada placed
Portland
7 .00 p in San Francisco 8.15ain
THE
ARREST
OF
THE
IRISH
SERGEANT,
convict.
While
the
honorable
oourt
is
at
the
such party shall be deemed a co-plaintifi’ with
7.35 am
San Fran.
“ :00 p m Portland
THE
Christ ma* Wreck,” “The Lady or the their grcatfct trust, but in the incapacity
time that the war contract had been made, investigation business, it might not be more the State.”
Above train* Mop only at following sta
Tiger,” “The Late Mr*. Null,” “The of their petty foe to support its ridicu
than common justice to go into the wholesale
These various sections of the code not only j
tions north of Roseburg: East Portland,
and this feeling increased daily. That business of investigating itself and everybody provide what acts shall be deemed contempts,
Hundredth« Sttau,” “The Casting Away lous assumptions. The claim that tho
Oregon Citv, Woodburin, Salem. Albany,
the officers and men of tho United States else connected with the management and and point out the mode of procedure for their
Tangent, shedds. Halsey. liarriaburg. Jun
of Mrs. Leeks and Mrs. Aleshine,” “The city lay under the guns of tho American navy should bo penned up in harbors, manipulation of the jurisprudence of Southern punishment, but strongly indicate that when
ction city, Irving, Eugene
Dusan tes,” etc.
syndicate was considered ridiculous, for ports and sounds, while British ships and Oregon. If some of the methods employed the act constituting the contempt is not com
Koaebuig Mail Daily.
could be sifted to the bottom, a system of de mitted in the immediate view or presence of the
few
people
believed
that
these
vessels
the
hulking
mine
springers
and
rudder
AIIK1VK
[Copyrighted by P. F. Collier, of Collier's Once
bauchery would be unearthed that may be very court or officer it must be such a one as is calcu
ut WE.
a week, and published by spec«! arrangement had any guns. Certainly there had been no pinchers of tho syndicato were allowed warm and interesting to some of the executors. lated io affect the right or remedy of a party in
s :(ö a n. Roseburg... 5 :40 |> iu
Portia hl.
with him through the American Press Associa evidence that any shots had been fired to roam the ocean at will, was a very In fact then the evidence would be laid bare to litigation.
Roseburg.
<! ;2U a nt 1‘ortlaiui.
4 :00 p m
tion. AU rights reserved.'
Albany Local, Dally, Except Sunday.
from them. In the opinion of reasona hard thing for "bravo sailors to bear. the people of Southéfn Oregon and they Would Section 651, which limits the punishment to a I
know
just
why
one
man
can
be
convicted
of
Cream
Halm
m not a liquid, snuff or powder. Applied into the nostrils it is
fine
not
exceeding
$100,
unless
it
a
.pear
that
the
1
LEAVE
ARRIVE.
[CONTINUED.]
ble people the destruction of the forts Sometimes the resentments against this murder in the first degree—and “hung by the right or remedy of a party to an action, suit or
quickly absorbed. It cleanses the »¡ead, allays inflammation, heals
Portland
5: p tn Albany..........9: p iu
neck until he is dead”—on strong circumstan proceeding was defeated or prejudiced by the j
sores. Sold by druggists or sent by mail on receipt of price.
When tho officers of tho garrison and the explosions in the harbor had state of affairs rose almost to a revolt.
Albany......... 5: a tn Portland
8:55 a in
The great naval preparations of Eng tial evidence. And why another crime of the contempt clearly shows this.
mounted the hill before them and sur- been caused by mines—mines of a new
same
foul
magnitude
is
committed
and
the
If
this
view
be
correct
it
follows
that
unless
and terrifying power— which were the land were not yet complete, but single courts fail to find the author when the circum
hlliun Buffet Sleepers,
matter published by appellant constituted a i
work of traitors and confederates. The British men-of-war were now frequently stantial evidence that made the first man the
contempt under subdivisions 1 or 2 of said sec.
Tourist Sleeping Cart,
destruction of the lighthouse had seen off tho Atlantic coast of the United stretch hemp was far less convioting iu its cir 650, or under subdivision 1 of sec. 914, or affected
For accommodation of second class passen
strengthened this belief, for its fall States. No American vessels had been cumstantialness than was the case that the or tended to affect the right of a party to a liti
gers attached to express trains
Goddess of Justice could not find guilty. gation pending in said court, or before the judge
was similar to that which would have captured by these since the message of blind
WEST SIDE DIVISION
Why attorneys can offer bribes to even such thereof, it does not come within the r urview of
been occasioned by a great explosion un the syndicate to the Dominion of Canada august personages as grand jurors to bring in the code. But counsel for the respondents urge
Between Portland and Corvallis.
suitable
verdicts.
And
why
—
yes,
why
a
lot
of
that
a
court
of
justice
has
power
to
punish
for
der its foundation.
and tho British government. But one
Mail Train Daily, except Sunday.
But however terrifying and appalling good reason for this was the fact that it other things just as queer, irregular and deli contempt, and that its power in that respect
ARRIVE
LEAVE
cate, and “too numerous tomention,” are occur cannot be limited by statute.
10:10 am
7 :»> a m McMinn’
had been the results of the explosion of was very difficult now to find upon tho ring as periodically as there are exigencies This is undoubtedly true so far as it is neces
Portland .
10
:10
a
in
<
__
’
orvallis
____
. 12:10 p m
McMinn
’
these mines, it was not thought probable Atlantic ocean a vessel sailing under the that make them. In fact, the court would have sary to maintain order in the conduct of its
'■
.
2:56 p m
12:55
p
m
McMinn
’
Corvallis
that there were any more of them. The American flag. As far as possible theso an all year’$ job on its hands. The practicing business and in the enforcement of its jurisdic
5 30 p n
2:56 p m Portland .
McMinn’
of jurisprudence in this section of the tion.
explosions had taken place at exposed had taken refuge in their own ports or in condition
At Albany and (’orvallis connect with
world is as corrupt and criminal in its methods
The legislature could as well abolish the court*
points distant from the city, and the those of neutral countries.
trains of Oregon Pacific.
(in proportion to population, amount and mag outright as to deprive them of the right to pun
Express Train Daily, except Sunday.
most careful investigation failed to dis
At the mouth of Delaware bay, behind nitude of crime and purse of criminals) as it is ish for contempt, those who impeded, obstructed
cover any present signs of mining opera tho great Breakwater, was now collected in the cities where the cases are regularly and embarrassed the administration of the law.
____
ARRIVE
LEAVE.
It would i aralyze their functions and render
handled” by the political boss who “makes”
4 :40 p m McM nn ... 7.25 p ni
Portland
a number of coastwise sailing vessels and “ tl>«
AND THE SUN SHONE INTO A GREAT HOLE tions.
officials, “fixes” the juries and attends to their process orders, decrees and judgments mer«
8:20 a iu
McMinn* . 5:45 a m. Portland.
This theory of mines worked by con steamers of various classes and sizes; and thé case for a large sum. These irregular brutem fulmen.
WHERE FORT PILCIIER HAD BEEN,
But wheth< they possess inherent authority
federates was received throughout the for the protection of theso maritimo methods are becoming so numerous that it
veyed the place where their fort had civilized world, and was universally con
seems as though they have ensevsted themselves to punish as contempt, acts which do not affect
r_L CO -i—iQ/tO.
been, there was not one of them who bad demned. Even in the United States the refugees two vessels of tho United States upon, and are part of, the—unwritten—works causes actually pending before them, although
navy
were
stationed
at
this
point.
These
the acts tend to de¡?rade the court and bring the
of Blackstone.
sufficient command of himself to write a feeling was so strong against this appar
For ticket« and full information regard
Hrier Ran”»** 5 - • «•»•.
t’lH
“This is one of the conditions snd dangerous administration of justice into disrepute, has
report of what had happened. They ent alliance between tho syndicate and were the Lenox and Stockbridge, two of oonsequences
ing rates, mips, etc., call on tlieCompany’«
of the political methods in vogue never been conceded in this country.
J.
1
A
X
.
‘
..i
1
agent
at McMinnville
gazed at the bare, staring flatness of the British traitors that there was reason to the finest cruisers in tho service, and ip Jackson county, an immediate result of
•X
’
’
’
'TV
ENT
CO..
for respondents have cited in support
commanded by two of tho most restless which is shown in the shameless way in which of Counsel
; i L
Or.
that doctrine, from the American decisions.
shorn bluff, and they looked at each other,
R KOEHLER,
E P. ROGERS,
believe that a popular pressure would be and bravest officers of the American Its representative officials are allowed to sell out State vs. Morrill, 16 Ark. 384 and Stewart vs. Peo
; « I k«'l- F
<’<)..
Manager.
Asst. G F. A P Agt
inis was not war. It was something brought to bear upon the government navy.
•
nu
ville
Flouring
Millo.
their constituency for a beggarly fee. Another ple, 4 I1L 405; but it is well understood that th*
supernatural, awful! They waro not sufficient to force it to break ita contract
Tho appearanco early on a summer direct result of this state of affairs has placed an courts of the latter state have since held quite
frightened; they were oppressed and ap with the syndicate and to carry on the momingof a largo British cruiser off indebtedness of from $100,900 to $150,000—such a to the contrary.
In State vs. Anderson, 40 Iowa 207, the supreme
magnitude that no one does know the exact
palled. But the military discipline of war with the national army and navy. the mouth of the harbor filled those two amount
—over the county, that is bearing prac court of that state held, that the publication by
their minds soon exerted its force, and a The crab was considered an admirable commanders with uncontrollable bellig tically ten per cent, interest (mighty largo re an attorney of an article in a newspaper, criti
brief account of the terrific event was addition to the strength of a navy, but a erency. That in time of war a vessel of turns and safe investment for big capital)—and cising the rulings of a court in a cause tried and
transmitted to the authorities, and Sergt. mine under a fort, laid and fired by per the enemy should be allowed, undis no effort is being made to keep it from climbing determined prior to the publication, did not
ON SALE
constitute contempt punishable by the court,
along up.
Kilsey was sentenced to a month in the fidious confederates, was considered un turbed, to sail up and down beforo an right
“When will the cupidity, indifference and lack and referred approvingly to Dunham vs.
------ 1X1
guard house.
worthy an enlightened people.
American harbor, while an American of courage of the people in public affairs cease, State, 6 Iowa 245, in which it was held that the
No one approached the vicinity of the
Tho members of the syndicate now vessel filled with brave American Bailors and an effort made to at least put a check to publication of articles in a newspaper, reflect
ing upon the conduct ot a judge in relation to a
bluff where the fort had stood, fordanger found themselves in an embatTassing lay inside like a cowed dog, was a these grasping vultures? ”
It is therefore now hereby ordered that you cause pendingin court,which had been disposed
might not be over; but every possible and dangerous position; a position in thought which goaded the soul of each and
each of you I* and appear before said Court of before the publication, however unjust and
point of observation within a safe dis which they were placed by tho universal of these commanders. There was a cer at the Court House in Jacksonville, said county libelous the publication might be, did not
tance was soon crowded with anxious incredulity regarding the instantaneous tain rivalry between tho two ships, and and State, on Monday, 16th December, 1889, at 9 amount to contemptuous or violent behavior to
the court, under chapter 94, code of 1851
and terrified observers. A feeling of awe motor, and unless they could make the considering the insult offered by the o’clock in the forenoon, then and there to show wards
KANSAS CITY. St PAUL
if any you have why you should not be of that state, nor that such articles were calcu
was noticeable everywhere. If people world believo that they really used such flaunting red cross in the offing, and the aguse
lated
to
impede, embarrass or obstruct the court
punished for contempt of said Court for having
could have had a tangible idea of what a motor bomb, the war could not be pro humiliating restrictions imposed by the so published and circulated the matter above in the administration of the law as to justify the
summary punishment of the offender under
out as aforesaid.
had occurred, it would have been differ secuted on the plan projected.
naval department, each commander set Done
iu open Court on Friday, 13th December, that chapter.
ent. If the sea had raged; if a vast body
It was easy enough to Convince the thought only of his own ship, and not 1889.
The inherent power of a court of justice to
LIONEL K. WEBSTER,
of water had been thrown into the air; if enemy of the terrible destruction the at all of tho other.
punish parties for contempt, who commit acts
Judge.
which
have a direct tendency to obstruct or
a dense cloud had been suddenly ejected syndicate was able to effect; but to make
AND ALL 1*01 NTS
The Reply.
It was almost at th» samo timo that
from the surfaco of the earth, they might that enemy and tho world understand tho commanders of tho two ships sepa
Said writ was issued on motion of his Honor embarrass its proceedings in matters pending
it, or to influence decisions regarding
have formed sonio opinion about it. But that this was dono by bombs, which rately came to tho conclusion that tho the said Judge and without an affidavit or other before
containing a statement of the facts such matters, is undoubted; but it can hardly be
the instantaneous disappearance of a could bo used in one place as well as an proper way to protect the fleet behind complaint
constituting the alleged contempt having been maintained, from the adjudications had upon
the subject in the various states, that such
great fortification with a little more ap other, was difficult indeed. They had the breakwater was for liis vessel to pretented to said Judge or filed in said Court.
Service of said writ having been made upon power is broad enough to vest in the court the
preciable accompaniment than the sud attempted to prove this by announcing boldly steam out to sea and attack the
authority to so punish any one for criticising
PULLMAN SLEEPERS,
den tap, as of a little hammer, upon that at a certain time a bomb should be British cruiser. If this vessel carried a K. J. Kaiser one of said defendants, he subse the court on account of its procedure in matters
to-wit: on the 17th day of December,
thousands of window panes, was some projected into a certain fort. Precisely long range gun, what was to hinder her quently,
which
have
fully
terminated
however
much
its
18S9, filed in said Court the following answer,
COLONIST SLEEPERS
dignity and standing may be affected thereby,
thing which their intellects could not at the specified timo the fort had been from suddenly running in closer and to-wit:
In the Circuit Court for the State of Oregon however unjust, rude or boorish may be the
grasp. It was not to bo expected that destroyed, but nobody believed that a sending a few shells into the midst of
RECLINING CHAIR CARS,
criticism; or whatever may be its effect of
and County of Jackson:
the ordinary mind could appreciate the bomb had been fired.
the defenseless merchantmen? In fact,
An order citing E. J. Kaiser and N. A. Jacobs bringing the administration of the law into dis
difference between the action of an in
AND DINERS.
Every opinion, official or popular, con to go out and fight her was the only way to appear and show cause why they should not repute.
In any event it seems to me that the legisla
stantaneous motor when imbedded in cerning what it had done and what to protect tho lives and property in the be punished for contempt:
ture
has
the
authority
to
limit
the
power
of
E. J. Kaiser comes and in answer to a citation
rocks and earth, and its effect, When op might be expected of it, was promptly harbor.
Steamers Portland to San Francicco Every 4 Oaya.
issued out of the above entitled Court and here courts in regard to matters ot contempt, to the
posed by nothing but stone walls, upon forwarded to the syndicate by its agents,
punishment only of such acts as are specified
It was true that one of those beastly tofore served upon him:
in
the
sections
of
the
code
above
set
out.
or near tho surface of tho earth.
Says that he is engaged in publishing a news
and it was thus enabled to see very repellers was sneaking about off the
Nor can I discover any reason why the legisla
TICKETS t r EUROPE.
Early the next morning the little fleet plainly indeed that the effect it had de cape, accompanied, probably, by an paper of general circulation at Ashland, Oregon.
WRITE TO
That In publishing said article that appears in ture docs not possess authority to prescribe the
of the syndicate prepared to carry out sired to produce had not been produced. under water tongs boat. But as neither
mode
of
procedure
to
be
observed
by
the
courts
citation he did not make any reference to
its further orders. Tho waters of the Unless tlio enemy could be mado to un of these had done anything or seemed said
For rates or Renerai information call on
any action or proceeding then pending in said in the exercise of their powers to punish in such
or address.
lower bay were now entirely deserted, derstand that any fort or ships within likely to do anything, the British cruiser Court, or before any Grand Jury. Nor w as there cases.
The
proceeding
is
not
a
personal
matter
of
the
eo
owell
craft of every description having taken ten miles of one of tho syndicate's can should be attacked without loss of time. any Grand Jury in session at said time as de
fendant is informed. That said article was, so court; the state is a plaintiff in all cases of that
refuge in the upper part of tho harbor non could be instantaneously dissipated
II. HI RI.nVRT, Asst. Gen. Pass. Agl.
When the commander of tho Lenox far as th/? same relates to the Courts of this character; but when the acts constituting the
near and above the city. Therefore as in the shape of fine «lust, this war could came to this decision, his ship was well County, a criticism of past acts therein, and th« contempt are committed in the presence of the
54 Washington St ,
No.
io
Spruce
Street,
soon as it was light enough to make ob not be carried on upon tho principles abreast of Cape Henlopen, and he there same was not intended to have, and would net court it may take judicial cognizance of them
PORTLAND, ORKOON.
inflict summary punishment.
servations Repeller No. 1 did not hesitate adopted, and therefore might as well fore proceeded directly out to sea. There have any tendency to interfere with the proper and
It
is
however
required
to
make
an
order
recit
and unbiased administration of the law in any
to discharge a motor bomb into the pass out of the hands of the syndicate.
NEW YORK.
was a little fear in his mind that the case or cases then, or now pending in said Court, ing the facts as occurring in its immediate view
harbor, a milo or more abovo where the
from Terminal nr Inferior Points Ibi
Day by day and night by night the English cruiser, which was now bearing and that said article was published only as the and presence and determine that the person pro
first one had fallen. This was done in state of affairs was anxiously considered to the southeast, might sail off and get defendant believed in the interest of society, ceeded against is thereby guilty of a contempt
and
that
he
be
punished,
etc.
anfi
defendant
earnestly
disclaims
any
inten
order to explode any torpedoes which at the office of the syndicate in New away from him. The Stockbridge was
As I view the said section of the code, they are
disrespect toward said Court or the offic
might have been put into position since York. A new and important undertak detained by the arrival of a dispatch tional
little more than declaratory of the law upon the
ers thereof in the publishing of Slid article.
the discharge of the first bomb.
ing was determined upon, and on the boat from the shore with a message from
And further answering, defendant avers that subject of contempt as understood by a la-go
There were very few people in the city success of this the hopes of the syndicate the naval department. But as this mes said Court has any jurisdiction of the person of portion of the courts of the several states at the
time of their adoption. They provide every
defendant under this proceeding.
and suburbs who were at that hour out now depended.
sage related only to the measurements of this
Gates & Henry, Props.
And denies that this Court has no jurisdic means necessary to the preservation of order
of doors, where they could see the great
During the rapid and vigorous prepa a certain deck giui, her commander in tion to punish this defendant or to adjudge him
cloud of water rise toward the sky, and rations which the syndicate were now tended as soon as an answer could be in contempt for the publishing of said article and decorum in the presence of the court« of
McMinnville,
-
Oregon.
the state while engaged in the transaction of of intelligence ai d quick-witted enough to
behold it descend like a mighty cataract making for their new venture, several sent off, to sail out and give battle torfhe set forth in said citation.
their business: for the enforcement of obedience know a “GOOD THING” at sight, but
All
of
which
is
reapectful
’
y
submitted.
upon the harbor and adjacent shores; events of interest occurred.
to their lawful judgments, decrees, orders and who has Ix>st the Most Precious Possession
British vessel.
E. J. KAISER.
processes, and for the performance of official on Earth, viz. GOOD HEALTH. WILL
but the quick, sharp shock which ran
Two of tho largest Atlantic mail
Every soul on board tho Lenox was
It 1« the DINING CAR ROUTE. It ru**
’
duty
upon the part of their officers.
NOT require a SECOND TELLING to be
under the town made people spring from steamers, carrying infantry and artillery now filled with fiery ardor. The ship
The R ecord ’ s editor was represented
Through VESTIBULED TRAINS
therefore, the said matter published induced to liecome a purchaser
their beds, and although nothing was troops, and conveyed by two swift and was already in good fighting trim, but by Hon. H. K. Hanna, an able lawyer by Whether,
the appellant constituted a contempt, de
Every Day in the Year to
then to be seen, nearly everybody felt powerful men-of-war, arrived off tho every possible preparation was mado for who has graced the bench of the first pends upon whether it falls within any of the
Everything New
sure that tho syndicate's forces had be- coast of Canada, considerably to the a contest which should show their coun judicial district with ability. Circuit cases specified in said sections; and whether the
court had authority of its own motion to
gun their day's work by exploding an- north of the blockaded city. The de try and the world what American sailors Judge Webster combined in himself the circuit
cite the appellant to appear before it and inflict Belts and Appliances.
And Firstclass.
'No Change of Cart)
other mine.
following functions: Offended party, upon him the punishment imposed, depends
Do you know why? Because it is plain
parture and probable time of arrival of were made of.
to
be
seen
that
the
’
TRuTII
ONCE
TOLD
A lighthouse, tho occupants of which | tho vessels had been telegraphed to the
The Lenox had not proceeded more complainant, judge and jury—the dis upon whether the offending was done in the im is enough The Surprising Promptness Special Accommodations for Commercial Composed nf HVIXG CARS
Travellers,
had been ordered to leavo when the fort i syndicate, through one of the continen than a mile out to sea when she per- trict attorney not appearing in the case mediate view find presence of the court.
i iiiiHurpssseil)
The publication, according to the general defi with which all classes of people respond.to
was evacuated, as they might be in dan tal cables; and a repeller with two crabs i ceived Repeller No. 6 coming toward her in Webster’s court. Lawyer Hanna, on nition
our
announcements,
and
the
increasing
de
Corner Second and E Streets, one block PLIINAN nil AH I VC ROOM SLEEPERS
given by Blackstone and by some of the
ger in case of a bombardment, was so | had been for some days waiting for ■ from seaward, and in a direction which behalf of the defendant editor, made a more modem law writers upon the subject, mand for Dr. Gregg’s Goods wherever in from Cooks hotel.
(Of L>ite*t Equipment,)
shaken by the explosion of this motor I I them. The English vessels had taken a . indicated that it intended to riui across full exposition of the laW and thorough would probably constitute contempt; but under troduced is always recognized and the
bomb that it fell in ruins on the rocks high northern course, hoping they might ■ her course. The Lenox, however, went ly ventilated the rank injustice of a he code of this state it does not; nor do I think quality of merit lakes care of Itself. Meta
TOLRIST
SLEEI’iM CARS
it would according to the weight of decision« phorically our statement is the Button—
Ik-t tlrat can I m - constructe<l and in
upon which it had stood.
enter the Gulf of St. Lawrence without '■ straight on, and in a short time the two judge using his contempt of court made under the constitutions of the various the Public Press it, and
which u<*voinni<MiNtiotis arc for hol
The two crabs now took the steel net subjecting themselves to injury from the i vessels were quite near each other. Upon authority to jail and fine an editor for a states.
ders of First or bccond-c|.'tss Tick
from its moorings and carried it up [the | enemy’s crabs, it not being considered I the deck of tho repeller now appeared criticism of himself and his*court that If it had reflected upon the conduct of the Hr. firegg’» Electric Specialties
ets. and
harbor. This was rather difficult on ac ' pfobablo that there were enough of ' the director in charge, who, with a Should have been proceeded against and court with reference to a pending suit aud tend
“DO THE REST.”
in any manner to influence its decision there
ELECAST DAV C4ACHES.
count ofjthe islands, rocks and sandbars; these vessels to patrol the entire coast. speaking trumpet, hailed the Ix?nox and tried as a libel case, wherein a proving ed
The extent of Pressure on the button and
in, it would unquestionably have been a con
A Continuous Line connecting with all
the
success
of Dr. Gregg’s Eldctric Goods
but the leading crab had on board a pilot But although tho crabs were few in num ■ requested her to lay to, as ho had some- up of the charges before some disinter tempt, but it was not shown that any suit was
“DOING the Rest,” is moat satisfacto
lines, affording direct and unin
acquainted with those waters. With the ber, the syndicato was able to place them i thing to communicate. The commander ested judge and jury would lx? a defense then pending by which the rights of any liti in
rily shown in the marvelous growth of our
terrupted service.
gant were or could have been affected by it.
net hanging between them, the two sub where they would be of most use, and II of the Lenox, through
_ his trumpet, an- to their publication.
business
the
past
i>0
days.
The article itself states that the court had or
*
TRADE MARKS,
Pcllmun Sleepei reset vutlons can I* recur
merged vessels, one carefully following when the English vessels arrived off the , . BWVAUU
Repeated
and
increasing
demands
for
The
leading
public
men
in
the
county
DE8ICN
PATENTS
swered llltlV
that 11V
he wanted
'»GUIUU AAVZ
no WiXZAUMMAV»*-
communica-
dered an investigation into the “whys and
ed in Htivatu e tlir'i’ itb site egent rtf the rrwid
COPYRICHT8, etc.
the other, reached a point about two I northern entrance to the gulf, they j tions, and advised tho other vessel to also advised Circuit Judge Webster to wherefores” of a material witness disappearing TH EGREGG ELECTRIC “FOOT WARM-
Thrundi
T" A„,prjrA
,r",n • England
ll |,o*nw
EB’’ are coming in from all parts of the
- nr Information and free Handbook write to
ILIUIUII TirLrix
I l< hl 15 J„
in
a
criminal
case
in
which
his
testimony
was
miles below the city, where the net was found their enemies there.
change off from an action for contempt
keep out of his way.
MUNN A CO-361 B roadway , N ew Y ork .
needed to convict, but it does not appear in the country with profuse acknowledgements
eml
Eurot
m
.
*
«
an
he
fitircliased
at
any
tick«!
Oldest
bureau
for
securing
patents
in
America.
anchored across the harbor. It did not
However strong might be the incredu-
The Lenox now put on a greater head to libel, as then his friends would sus proceeding for contempt that such was the fact, that so much comfort for $1 (the price)was Lvery patent taken out by us la brought before
office of this cni!iiiM!>y.
reach from slioro to shore, but in the lity of tho enemy regarding the powers ' of steam, and as she was in any case a tain him in the belief that he was nor as I can see. that it was calculated to in ike buying Gold Dollars for ten cents
the public by a notice riven free of charge in tho
Full
information
concerning
rates,
liras
The Rugged Constitution ot Man when
course of tho morning two other nets, of a repeller to bombard a city, tho syn-; much faster vessel than the rcpeiler, she governed by an honesty of purpose, even fluence the decision in that matter.
of train*, routes ami other details furnished
once broken, becomes pitiable in the ex
If
the
act
were
such
an
one
as
could
have
been
or. application to any agent, or
designed for shallower waters, were dicato felt sure there would be no pres- rapidly increased tho distance between though he were defeated. The R ecord
the immediate view and presence of the court treme, from which there is absolutely no
P < HAlU.p x
brought from tho repellersand anchored I ent invasion of tho United States from herself and the syndicate's vessel, so that •ditor also wanted it to be action for in
The Gregg
it would doubtless have been what is termed a escape without assistance
Largest circulation of r.ny scientific paper In tho
Asst General Passenger Ag*-nt
at each end of tho main net, thus form ! Canada, but it wished to convince the in a few moments hailing was impossible. libel, as he had a firm conviction in his direct contempt; but it not having been so com Electric Belts md Appliances, in cases of world. Splendidly illustrated. No intelligent
General Office Of the Company, No, 1S$
xnau should be without It. Weekly, £3.00 a
kind, have honestlv won their title of
First St., Cor. Walilugton, Fortaad. Or
ing a lino of complete protection against British government that troops and Quick signals now shot up in jets of black ability and only desired the opportunity mitted and not involving a direct disobedience this
rear; *l.riU six months. Adda*** MUNN & CO.,
I t’BLisiiEKS, 361 Broadway, New York.
to any order of the court, it comes within the KING OF REMEDIES*.
submarine torpedoes which might be munitions of war could not bo safely [ smoko from the repeller, and in a very
Rheumatism
is
conquered,
sufferers
from
class
denominated
constructive
contempts.
A
m.
to establish in a legal way the truth, knd
sent down from the upper harbor.
obesity are speedily relieved, dropsy
transported across the Atlantic. On the I short time afterward tlie speed of the unearth in a libel case the abuses in the Law Reg. vol. 20, 147.
Repeller No. 1 now steamed into the other hand, the syndicate very much ob
In proceedings to punish that class of .con quickly yields, spinal difficulties and par
Lenox
slackened
so
much
that
the
repel
circuit
court.
alysis disappear, and many other diseases
tempts,
it
is
necessary
that
a
proper
informa
harbor, accompanied by Crab A, and jected to undertaking tho imprisonment
But Circuit Judge Webster would do tion should he filed before the court is author i of Men and Women are permanently cured
anchored about a quarter of a mile sea and sustenance of a large body of sol ler was able to come up with her.
I
fully described In complete catalogue for 6c
When the two vessels were abreast of nothing of the kind. He maintained ized to act in the matter. Said sec. 653 of the , or
ward of the net The other repeller, diers. Orders were therefore given to
elaborate circular free. We guarantee
code, above set out, makes it imperative that
each
other,
and
at
a
safe
hailing
distance
that
he
had
an
inherent
right
to
punish
with her attendant crab, cruised about j tho officer in charge of the repeller not to J
the facts constituting the co ; tempt in such i to forfeit twice the price of any of Dr.
apart,
another
signal
went
up
from
the
|
Gregg
’s Goods found to be not genuine
the
critics
of
the
court
for
contempt
of
cases must be shown by an affidavit presented
tho mouth of the harbor, watching a i molest tho two transports, but to remove j
the court, etc., before the proceeding can be I We make an eiegant little |3 Electric Belt,
smaller entrance to tho port as well as | the rudders and extract the screws of tho j repeller, and then both vessels almost his court and alleged that the legislature to
taken. “The power of a court,” said Wallace, | which is selling very rapidly and which we
the larger one, and thus maintaining an i two war vessels, leaving them to be | ceased to move through the water, al bad no authority to limit or confine the J., in Batchelder vs. Moore, 42 Cal. 414, “to pun j will take in exchane for any Higher Power
though the engines of the Lenox were powers of the court to punish for con ish for an alleged contempt of its authority, Belt (except$5 Belt) and credit #3 on the
effective blockade. This was not a diffi i towed into port by the troop ships.
A NATURAL REMEDT FOB
undoubted, is in its nature arbitrary, price of new order. Remember the electric
cult duty, for since the news of the ex
This duty was performed by the crabs, working at high speed, with her propel tempt, since those powers came from the though
“
Foot
Warmers
”
are
$1
a
pair,
worth
$10.
and its exercise is not to be upheld, except un
Epileptic Fits, Falling Sickness, Hyster
traordinary performances of tho crabs j while the British vessels, both rams, | ler blades stirring up a whirlpool at her inherent right of the court to protect der
the circumstances and in the manner pre Address
itself.
had been spread abroad, no merchant i were preparing to make a united and stern.
scribed by law.” I am of the opinion, there THE GREGG ELECTRIC CURE CO.,
ic«, St. Vitus Dance, Nervousness,
For a minute or two the officers of the
The supreme court at that time and fore, that the court was not authorized to pro
vessel, large or small, cared to approach vigorous onset on the repeller, and the
I
501 Inter Ocean Building. Chicago. 111.
Hypochondria Melancholia, In*
Lenox
could
not
comprehend
what
had
for
over
a
year
previous
had
been
round
ceed
in
the
matter
of
its
own
motion,
nor
was
that port; and strict orders had been two men-of-war were left helplessly ■
and mention this paper.
the court empowered to punish the appellant
ebrity, Sleeplessness, Diz
issued by tho British admiralty that no j tossing on the waves. One of the trans- [ happened. It was first supposed that by ly criticised by the state press, particu by imprisonment. Section 651 of the code above
vessel of the navy should, until further I ports, a very fast steamer, had already mistake the engines had been slackened, larly the leading paper. Judge Web referred to is decisive upon that point.
ziness, Brain and Spi
The decision appealed from must therefore be situation would compel him to do one of
instructed, engage in combat with the entered the straits, anil could not be sig- | but almost at the same moment that it ster expected that the supreme court
a
nal Weakness.
peculiar craft of the syndicate. Until a ■ aaled, but the other one returned and | was found that this was not thocase, the I would sustain his action out of a mutual reversed.
two things, viz: Acknowledged what
plan of action had been determined took both the war slii[>s in tow, proceed- | discovery was made that the crab ac sympathy, and proceeded to fine Editor
During this time the R ecord reiter had been said and written about the
upon, it was very desirable that English ing very slowly until, after entering the | companying the repeller had laid hold of Kaiser $50 and sentenced him to the ated the truthfulness of all it had writ conduct of himself and his court or
This medicine has direct action upon
the stem post of the Lenox, and with all county jail for fifteen days.
cruisers should not bo exposed to useless gulf, she was relieved by tugboats.
ten and printed and openly alleged that compel the editor of the R ecord to the nerve centers, allaying all irritabili
the
strength
of
her
powerful
engines
was
An
appeal
was
taken
and
the
supreme
injury and danger.
Another event of a somewhat different J
it could prove even more and challenged prove it in a civil or criminal action for ties, and increasing the flow and power
court rendered the following decision Circuit Judge Webster to bring an action libel.
This being tho state of nffairs, a mes character was the occasion of much ex- , holding her back.
of nerve fluid. It is perfectly harmless
[TO BE CONTINUED.]
against
him
on
May
1.
1890:
sage was sent from tho office of cited feeling and comment, particularly
Two years hive now passed by and and leaves no unpleasant effect*.
against the R ecord for libel.
the syndicate across tho border to in tho United States. The descent and '
State
of
Oregon,
respondent,
vs.
E.
J.
Kaiser,
Although
circuit
Judge
Webster
claimed
Circuit
Judgn
Webster
has
never
Valuable Book on Nervtmi
J nst So.
LULL Disease« sent free to any Address,
appellant: appeal from Jackson county. Judg that the reason that he brought the brought that tetion.
the Dominion government, which attack by British vessels on an Atlantic
f n f r
and
poor patient* can also obtain
[Montague, Ca’., Herald.)
ment of. the lower court reversed. Opinion by
stated that tho seaport city which port was a matter of popular expectation.
There is only one conclusion to be | 111. La thia medicine free of charge.
editor of the R ecord up for contempt
Editor Kaiser of the Ashland, Or., Thayer C. J.
levereod
had been attacked by the forces of the : The syndicate had repellers and crabs at R ecord , has been fined $50 and sen-
Two questions are presented for consideration was that he proposed to defend his reached on the face of this situation,
n O
syndicate now lay under the guns of its , the most important points, but in the fenced to 15 days incarceration for pub upon this appeal:
honor, which had been attacked.
that Circuit Judge Webster lias created
First—Whether the matter published by the
vessels, and in case of an overt act of I minds of naval officers, and a large por lishing an article touching the official
One would suppose that after failing for himself.
KO ENIC MED. CO.. Chicago, III.
appellant waB punishable as a contempt of the to have his honor vindicated when he
on advsrtning space when in Ctwcago, will find it «a
tf
war by Great Britain or Canada alone, tion of the people, little dependence for conduct of the circuit court: or in other circuit
court.
Sold b7 DnmUU at SI per Bottle. 6 for
such as the entrance of an armed force defense was to be placed upon these. words, for conducting a paper that pub
sat
as
offended
party,
complainant,
Second—Whether said court had authority of
Lam Site. SETS. C Bottle, for SB.
Get New and Startling Facta at Dnigglet*.
from British territory into the United As to the ability of the war syndicate to lishes the news.
its own motion to cite the appellant to appear judge and jury that the logic of the
A True TBeart.
Red are the lips of my darling, my dear.
Sweet are the lips of my own;
Love like a bee at her budding mouth sipe,
Drunken with passion before be has flown.
But oh. and oh.
Red lips will pale some day,
While a true heart lasts for aye.
A JUDICIAL DESPOT
ÇASTORIA
East and South
The Great War Syndicate.
Southern Pacific Route
SHASTA LINE.
* W cárrh
RI
HÄf___
4
k* HAY-FEVER
Al
U C old " "HEAD
w
C |j /a
|Z |1 /a
JUC ELY BROTHERS, 56 Warren Street NEW YORK. 3UG
Park
ÆT>r.)irrioisr
ARE SELLING FAST!
Through Tickets to all Points
EAST AND SOUTH.
ims
YOU WISH
Advertise
CHICAGO. ST. LOUIS.
Anything
East, North & South
Anywhere
Any time
? X°
G
. P. R
& Co
HERE IS A GOOD THING FOR YOU THE COMMERCIAL STABLE 1
Aorlherii Pacific
A MAN, OR WOMAN
To all Points East & South
Livery, Fd and Sale !
OF DR. GREGG’S ELECTRIC
ST. PAUL AND CHICAGO
P atents
Scientific 3tnerican
B
BREACH,
ÍDVERTISERS
XX'ALORD & THOMAS.