Tillamook headlight., September 06, 1906, Image 2

TILLAMOOK HEADLIGHT, SEPTEMBER 6. 1906
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Notices. Lost, Strayed or Stolen, etc.,
minimum rate, 25c. not exceed ng five
lines.
Fred C.
TOLL ROAD DECISION.
Justice H. T. Bagley Finds for the
Defendant.
In early cases before the Oregon Su
preme court where road companies con­
structed turnpikes or toll roads and en
tered into a contract of leasing with the 1
county court, where the company’s
road ti a versed in part a county road,
and the statute required that the lease or
ageement lx entered in the journal of the
court and this was omitted, the court
held that, “the lease «hows that the
court acted, did something, concluded
some matter, to the advantage or injury
of somebody(6 Or. 300.) In that
case as also in 5 Or. 406,the Court held
that the agreement could be entered in
the journal nunc pro tunc. In the above
cases there was no entry. In the case of
the leading to McNamer there is a record,
but not in compliance with the law gov­
erning. The lease, nevertheless, drawn
by Attorney E. B. Tongue is in proper
form und contains the requirements of
the statute, and by it we are informed
that the Qourt acted, did something, con-
eluded some matter. It contains the
number of gates, description of the road
and the term of leasing in addition to
other requirements.
Assuming, without deciding, that the
record of the court can ix So amended by
a nunc pro tunc order as to remedy the
defects and^rregularities noted, yet, until
this is done, it is clear in the light of the
authorities examined, that the lease is
not competent evidence ; there is no
valid evidence obtainable from the record
of the proceedings of the county court as
to the leasing or existance of a valid toll
road.
Again, I am not satisfied that where a
I county road has been located, opened
and established, that the county court
has authority to lease, except where a
road under construction by a road com­
pany traverses in part, a county road
The act under which the McNamer
lease was entered into provides that
“whenever a public road in any county
in this state is or may hereafter be so
located that there is little or no local
labor along the line of said road, the
county court of the county, where such
roa»’, or any portion of the same is or
may hereafter be fixated, is authorized
to lease such road or any portion ot the
same to any person or corporation to
open, improve and keep the same in re­
pair," etc. The succeeding sections pro­
vide that the road so leased shall be
cleared of standing timber and have a
track for traveling and shall be made of
such grade and such materials as the
contract shall specify. The order pro­
viding for the leasing shall also specify
the grade ot the road, the materials for
the construction thereof, etc., so it ap
pears that the act contemplates
only the leasing of a road located under
the circumstances mentioned to be
“opened, improved and kept in repair,’*
and that it does not grant authority to
lease a road already constructed, located,
opened and established.
This point, however, is not essential
to the disposition of this case. The law
requires me to be satisfied that a crime
had been committed. In the face of the
conclusion that the crime charged can
not he proved by reason of the condition
of the records, even though the court
had power in the first instance to enter
into such a leasing, I am without auth-
ority t o hold the defendant The facts
as cited also justify a discharge and it is
so ordered.
II T. B agley , lustice of Peace.
TT
Bright Outlook for Normal School.
We are pleased to note that the sum-.
mer seision of the State Normal School ,
at Monmouth, which will close in ano- ,
ther week, has been very successful. The
enrollment has reached 120, and many
of the «eminent educators of the state
have taken part in the work.
The coming regular session, which
opens September. 26, promises a very
large increase in the enrollment. With
the added apparatus and new material
for the various departments,^ and the
renovation of the entire buildings, the
school has a most promising outloox.
The demand tor the graduates of the
Monmouth Normal is extending beyond
the borders of the state.
M. F. LEACH,
Hillsboro Independent.
Justice H. T. Bagley yesterday hand­
ed in his written decision in the case of
the plate of Oregon vs. Fred Huford.
Agent Wanted.
charged with unlawfully breaking down
’ Wanted, a man to sell in this field ex-
the toll gate pn the Washington county
clusively for one of the largest nurseries
end of the Wilson river road. The trial
in the west. Cash advanced weekly.
was held last week, Thursday,Ixfore Mr.
Address Washington Nursery Com-
Bagley. Following is his written opin­
pany, Toppenish. Washiqgton.
ion in full. Attorney Bump appeared
for the defendant ;
Cheesemaker Wants Position.
This is a preliminary investigation in­
to the charge against the defendant of
Wanted, a position ns Cheesemaker by
wilfully and unlawfully breaking down
an experienced hand
Have made
and removing a toll gate on what is
cheese in Wisconsin for several years
commonly known as the “Wilson River
and can give good references.—Address
Road" in Washington county, alleged
David Von Allmen, Nampa. Idaho.
to have been committed on August 17.
The act charged is made punishable by
Tillamook Ferrv for Sale.
statute. The facts in the case are few
I have three acres, with new boat and
and undisputed. On the day named the
cable.duck and privilege of ferry land on
defendant in company with others ap­
the opposite side of the river; also 10
proached the gale on the Washington
acres of land on the opposite side of
county end of the toll road named, hav­
the river, with house and barn on the
ing crossed from Tillamook. No toll
same land and four acres under dyke,
was charged on the Tillamook side, as
which yielded this year 12 ton of hay.
the gate had previously been destroyed.
J. F. T omlinson .
When toll was demanded, defendant of.
fered to pay 25 cents, the sum chargable
Virtue.
under the lease held by McNamer, and
“ And Jesus said, somebody hath
which whs entered into with the county
touched me; for I perceive that virtue is
court of Washington county, Mrs. Lee,
gone out of me.”
in charge of the gate, demanded $1.50,
There are thousands of men who are
the amount covering the entire distance.
dilapidated, whose body is languid,
Defendant offered to pay hut demanded
whose brain is dull, and whose heart is
a receipt. He was informed by the gate
faint, that are unconscious of the real
keeper that he had no authority or ord­
cause, who have a morbid ap|>etite for
ers to issue receipts hut consented to
some Btimulanr. to counteract their de­
sign one if the defendant would write it
generacy. I have known men who
The defendant then cluimed that a re­
c >ulil not eat enough to satisfy, no
ceipt written or signed without author­
matter how much or how often they
ity would be of no avail and he declined
ea:. they bad a tape worm, but as soon
to pay. He removed a wire link from
its it was removed, their appetite became
the chain which hound the gate, passed
normal. It is first locate the disease,
through, replaced the link and again
then find a remedy.
ofTcied to pay the 25 cents toll authoriz
One of the greatest difficulties of con­
<d bv the lease atorsaid. While both
veying an idea is the different meaning
Mrs. Lee and defendant acted under a
of a word. The word In-art is applied to
mistaken idea as to the receipt cont ro-
one of the organs of the body, but it has
versy I am satisfied they acted in good
always been used to represent the seat
faith.
of affection either in love or hatred of
The evidence does not disclose my in-
lust or fear of belief and impulse. I
tention on the part of the defendant to
claim that the leading cause of insanity
avoid paying toll or to puss through the
originates in the heart.
gate fraudulently. There was no dis-
We read ot
stone and a
position to he arbitrary, but he had an
heart of flesh,
looks on the
erroneous idea as to the value of a receipt
heart, &e.
signed bv the gate keeper and in this, he
Our body is fed and clothed and
was not alone.
cleansed from our infancy, our brain is
The legal questions involved are not
developed and tutored from the time we
•o easy of adjustment. The statute con­
are old enough to know the meaning of
fer« on the county court authority to
words, but our heart is left like the
lease public roads on certain conditions
garden to grow up to weeds or what­
Sander-Delsman Wedding.
and grant the right to exact tolls. It is
ever seed infects the ground, yet our
contended by council for the defendant
A pretty wedding took place at the St. very life is exemplified by the condition
that the proceedings of the county court Mathew’s Catholic church at Hillsboro, of our heart, by our heart we are to be
in granting the lease to McNamer are Wednesday, August 22. when Mias judged for heaven or hell. I have often
void for want of a sufficient description Clara Delstnan was united in marriage tried to interest the popular preacher
in the petition and notice. 1 have ex­ to |oseph II. Sander. At 9:30 o’clock with the importance of the heart. I
amined this contention thoroughly and the church organist began playing the always found that he had a lingo that
find it without merit. The authorities wedding march, to the strains of which, had about as much significance as the
cited have to do only with the laving the bride and groom, attended bv Miss jabbering of a monkey, but no practi­
out and establishing of public roads. In Francis Delsman. sister of the bride, as cable experience.
such cases the court exercises the right bridesmaid, and Frank Sander, brother
Repentance is the only complete
ol eminent domain and the statutory re- of the groom, as best man, marched to remedy, but here I differ radically with
quircmenls must lx strictly followed. the alter where the immediate members the popular meaning of the term. Why
In the lensing of a road, however, one of the family were assembled. Rev. J. be sorry for anything that 1 can remedy
already located, it is sufficient to des I. Bucholzer conducted the ceremony, otherwise ?
Igiiate the road, or portion thereof to lx using the beautiful and impressive ring
Repentance is for the helpless and
lensed, in the notice, in any maimer cal­ service.
The bride was becomingly hopeless, and there are none more so
culated to bring the matter to the at. gowned in a grey traveling suit carrying than those who suffer from the bad
tention of intending bidder«.
a shower boquet of white carnations. effect of involuntary emission of virtue.
There are, however, some serious ques­ The bridesmaid wore a soft cream dress Repentance is at will, we can harden
tions presented by the proceedings of and also carried w hite carnations. The ou.- heart or we can relent and we make
the county court disclosed by a thorough groom wasattired in conventional black our choice. The hopeless maniac is
examinatic n made since the case was The church was beautifully decorated always hard hearted, his heait is petri.
submitted.
in white carnations and maiden hair , tied and devoid of feeling.
The statute provides that when it be­ ferns After the ceremony the wedding
The trouble with relying on stimu­
comes exixdient and lawful to lease a party retired to the home ot the bride, lants is that the system soon liecomes
public road the court shall make an where a dainty wedding breakfust was accustomed to habit.
I have known men
order to that effect, specifying the ter­ served.
The home was elaborately | who used eocene until they lost their
minal thereof in the order, and direct decorated with carnations and ferns.
reason, cured and return to it. use and
the clerk to advertise for bids, the man
Mr. and Mrs. Sander spent a few days die from one tenth of the dose they had
tier Ixmg fully set out in the act. Sec­ with the bride’s mother at her home |
been accustomed to before. Simuln nts
tion +949 further provides, among near Hillsboro. On Saturday evening ■ deaden our sense of our condition, but
other things, that the order of the court they left for Kelso, Wash.; their fature repentance makes our sense accute.
shall specify the number of gates to lx
home, where Mr. Sander is engaged > Strong stimulants drive men to depravity,
placed on the road and the period for with his brother in the lumber business ~ Repentance to God’s mercy.
which it is to be let.
Mrs Sander spent the last few years
J. C. O ovr .
The order of the court under consider«, in this city and was very popular, eu
tion simply directs the publishing of Bearing herself to many during her stay j Pain from a Burn Promptly
notice tor bids. None of the other re with us. She has the congratulations j Relieved by Chamberlain's
Pain Ba,m.
quiremeiits were complied with. No un. of a large circle of friends.—Telephone !
Mr. Janna N. Nicuolaa, a merchant
dertahmg accompanied the bid, bot this Register.
| and put master at Vernon. Conn , make,
alone would not invalidate the lease, as
the following statement: “A little child
Starving to Death.
the contract was entered into in accord,
of M m hael Strauss wu recently in great
B»'caU'»e
her
««utuach
n
u
ao
weakened
pain from a burn on the hand, ami a«
ance with the bid, but one bid was sub.
by iwrleaa drugging Chat ah« could not
aptilicatmn only increased the in-
milted and the undertaking would under eat, Mm. Mary II. Wallers, of St. Cl *ir I ! cold
lUininallon. Mr. Strauss come to me for
the circumstance« have served no pur St , Colutnbm (>, was litem ||y Marring , wxnelhing to Hop the little one', pain.
to <1es th. She write«; “My Mo witch wan From the many liniments I carry in
pose.
weak from uselesa drug?* that I could stock. I advised him to use Chamber­
Nowhere in »he record of the court's *>
not e.it, and my nerves su wrecked that linin'» Pain Halm, and the first applica-
proceedings is there an ortkr that the I could not eleep; anti not before I was ■ tlon
drew out the inti immation an I gave
road «hall lx leased, as required bv law ; I given up to du* wm I induces I to try I immedial-relief. I have used this lini-
the tvcard omit* the description entirely, I Electric Ritters; with the wonderful re­ I ment myself and recommend it very
al»o ihe number of gates to be placed on mit that improvement began at once. ■ .ften f.ir cuts, burns strains and lame
Mini a complete cute hdlowed.** Heel I Imck, and ha vs never known it m -Imp
the road and th«« period for winch it is Io health Tonic <>n earth '50c. Guaranteed
For sab- by Chas I. Clough s
be kt.
by Chas. I. Clough, Druggist.
T. BOTTS,
A ttorney - at -L aw . .
4
Complete set of Abstract BookJ
Dealer in
FRESH and CURED MEATS.
LARD, HIDES.
WOOL, Etc
in office.
Taxes paid fornonf
, Residents.
Office;opposite Post Office.
Both phones.
't
t
1^
W.“) C00PE,(’
“Clean and Wholesome,” our motto.
A ttorney - at -L aw ,
Over 30 Years experience in the Business
Notice.
All persons who have purchased pro-
perty from B. P. Hutchins’ estate com­
municate with the undersigned and save
expense.
B. P. H utchins , J k .,
725 Hawthorne Avenue, Portland,
Ore.
•
HARNESS, COLLARS, SADDLES, &C,' ’
Everything Needed in the Harness
you will find at
e-
T illamook ,
C arl
O regon
haberlach .
, r I
’
ATTOÉNEYAT-LAW,
Line
' '
Deutechcr
W. A. WILLIAMS
Up to date Harness Shop The only complete shop of the
kind in Tillamook county. I handle no shoddy goods, but my
prices will compare with those that do.
Next door to T illamook C ounty B ank . Local Phone.
Office across t;he street and north'tro*
the Post Office.
h . goyne ,
T
•
•
#
*
A ttorney - at .L aw .
',4
. T illamook , O regon .
THE ALLEN HOUSE,
W. SEVERANCE,
J. P. ALtüEN» Proprietor
Headquarters for Travelling Men.
(
Special Attention paid to Tourists.
A First Class Table. Comfortable Beds and Accommodation.
Fir and Spruce Lumber.
•
■
’
Office : Opposite Court House,
The Best Hotel
------------------------------------------------------------ ■
I
Spruce and Cedar Shingles.
Cheese and Butter Boxes a specialty.
- -------------------------------- 4---------- L_L
‘
Orders for Lumber promptly attended to.
TILLAMOOK LUMBER. COiDPflflY
. i A ttorney - at -L aw ,
•« 1
T illamook
O regon .
H. UPTON, Ph. G.,M.D,’
P pysician and S urgeon . i
*
’
I
Office first door East of F. R.
Beals’ office.
R. BEALS,
REAL ESTATE,
F inancial A gent ,
Tillamook, Oregon.
R. P. J. SHARP,
A. K. CASE,
PKOPitlETOR
Tillamook Iron Works
General Machinists & Blacksmiths
Boiler Work, Logger’s Work and Heavy Forging.
Fine Machine Work a Specialty.
TILLAMOOK,
OREGON.
if «tF w v nr v v w
tr w vw1
MAIL ORDER LIQUOR BUSINESS.
Buy your Liquors from the Wholesale
House Direct.
RESIDENT
DENTIST,!
Office across the street from the
Court House.
Dr. Wise’s office.
f!
SARCHET,
T . The Fashionable Tailor.
Cleaning, Pressing and Repair­
ing a Specialty.
Store in Heins Photographic
Gallery.
OBERT A. MILLER,
We can furnish all kinds of Wines, Whiskies, Brandies,
Gin and Rum at wholesale prices.
Send us your orders. We ship in plain cases and prepay freight.
Read over our price list and mail us vour orders. Money refunded if goods
are not satisfactory. All orders will be treated strictly confidential.
We ship nil our goods C.O.D , or yon can make remittance with your order.
WE OFFER
AS
FOLLOWS
A ttorney - at -L aw ,
Land Titles, Land Office Busi­
ness and Mining Law.
OREGON. i
PORTLAND,
Room, 306 Commercial Building.
LATIMER BROS.,
BARBER HD HAIRDRESSER
i2yts. Gallon.
12 quarts Sheehan’s Private Stock, Rye or Bourbon
.. $H.OO
$3.00
SHAVING, HAIR CUTT1N0
12 quarts Tillamook Rve and Bourbon ......................
.. 8 50
3.25
12 quarts Delaney’s Mnlt Whiskey..............................
.. 8.00
3.00
8HAMP00ING, ETC
12 quarts Gordon White Rve Whiskey.........................
.. 8 00
3 00
12 quarts Old Gold Bourbon Whiskey .........................
... 7.50
2.75
Elcetric Baths nicely fitted up- GooM*
12 quarts Crescent Rve Whiskey .............................
... 7.50
2.75
12 quarts Old Port Wine........................................
.. 3 50
persons suffering with rheumatism.
1.25
12 quarts Old Sherrv Wine.............................................
.. 3 50
1.25
12 quarts Old Angelica Wine .........................................
... 3 50
1.25
12 quarts Old Muscat Wine.............................
1.25
12 quarts Old Madeira Wine...........................
1 25
12 quarts Sweet Catawba Wine............................ ..
... 4 50
1.75
12 quarts Sandusky Port Wine................................ 7....
.. 4.50
1.75
12 quarts Old Tom Gin ...................................... ......7.'.'.'.7.
... 8.00
3.00
12 quarts French Cognac....................................
350
12 quarts California Grape Brandy ......................... .
MOO
3.00
THE POMMEL
12 quarts Stanford
Si anioni 3A
3 A Rve
K ve ........................
.....
12 quarts
.
________________________
____ _
Rainier
3A Bourbon
.. 11 OO
12 quarts Monogram 6, P. S. Rye or Bourbon ......’.
LIKE Akk
... 12 00
5.00
12 quarts Rock and Rve
Rye .................................................
... 6 00
2.25
12 quarts Peach and Honey .......................
.. 600
2.25
WATEFfl'WI
12 quarts Millview Whisker, bottled in bond
.. 10.00
3.50
CLOTHINC
Remember, we refund you vour money and repav freight both ways if goods
are not satisfactory. We are exclusive wholesale dealers at
Is made of th* best
sell our goods at
wholesale prices. Nothing hut the lie«t.
mltndjriMt«
HOLD UP!
and consider
Address all Order» to
iir 5TK1 r-.T-E e
M. JACOB & CO.
Wholesale Liquor Dealers,
404 Washington Street, Portland, Ore.
We Maori cam. if <1 tn red ; you can take m many bottle« of any kind aa yon wish
Centrally Uoeated
Rates, $1 Per day
LARSEN HOUSE,
M. H. LARSEN, Proprietor.
TILLAMOOK,
OREGON
Th. Beat Hotel in the city.
nW
No Chinese Employed
SIGN Of the n»
I
kill ™. COUCH
ANO CURE
thk
L UNG®
*" Or. King’s
New Discovery
Pri«» —
fi*
fob
_____________ -__ rf
Burest and <*“*<*“*£“ mao 0»
TABOAT and LUNG TBO«^I