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About Oregon statesman. (Salem, Or.) 1898-1899 | View Entire Issue (July 28, 1899)
FROM TUESD4 Y'S DAILY -.:f. A - f i . 8 - i i . . ' ' MATTERS IN : COURT gILTERTOS SALOON CASE IS FI , SALLY COSCLUDm - ! Writ of Beyiew Denied-An Appeal , Case Dismissed by the State Supreme Court, . . & . ? i ; V ' ! In the state circuit court for Marion county, yesterday, the case of E. Hax desty, plaintiff and petitioner. v& The CKy of Sllverton t et aL. defendants, a petition for a writ of review, came up for hearing. This U the noted Silver ton saloon case, and was up for the sec ond time, the writ having .been denied upon its first hearing: for' the reason (hat the plaintiff appearing V at that time, J.- II. McCorkle, was not one' of the original remonstrators and did not have sufficient interest in the case to sign the remonstrance. Several affidavits were filed In court, made by citizens of Sllverton. showing that the plaintiff, r K. Hardesty, had originally signed i the petition of (Wm. Haack for a saloon license (the Illegal granting of which license was sought to be established), and that he had said he was engaged as an attorney by Smith & McCorkle, the rival sa loon keepers, to represent their Inter ests. In one of the affidavits It was stated that the plaintiff said he was making money out of the suit, and the longer ;' It was kept in court, the more he would make out of it. possi bly $300 to $400. Counter affidavits were, presented by the plaint iff, deny ing the truth of the statements .made , by the defense. Tha affidavit ftf th dafenih w se- companled by the motion to quash the writ5 of review for the reason that the plaintiff had no .legal capacity to main tain the proceedings. The case wai argued, and at the conclusion of the discussion by counsel. Judge Boise dis missed the petition, refusing to grant the writ. George Q. Bingham, John A. Carson and I J. Adams appeared for the plaintiff, and W. H. (HoImes and Cook & DePue represented the de fendants. It is not likely that any further steps will be taken in the mat ter, and that Mr. Haack will be al lowed to conduct his saloon in Silver ton without further trouble. Judjre Boise yesterday mernli'g mad? findings of fact and conclusions of law in favor of defendants in the suit of Thoras Pcmcroy- vs. !. IS. Wlward, Martha A. Woodward ,.-r and Gllson Myers. Late In May J Mr, Pomeroy brought suit to foreclose a I mortgage for $1500, made by the defendants, F. E. Woodvard and wife, 'on June 8th the defendants ATwlward tendered to 'he plaintiff $140.75, alleging that no ' more was due. The instrument which evide need the debt of $15t provM-sl that the same should be-paid in intujl ment;) of I?0 eacli, on the 15th of Sep tember of the years 1SS5 If 96 and 1R:7, and thereafter Installments ' of $50 rhi.uUl be paid on the 15th of S.pte li ter in e-ech year during the jjfe of Thomas Tomcroy. and If his 1 wife, KMzuUih Porcetoy, was then living, sLnnl&r ir-e'.HlI.nenta shculd be raid to her during her life, and the balance shov Id 'be raid to Mr. Pemeroy's he:rs. A r-ortgaire ra) given to secure the payment f the money due uron that Instrument. Mr. Wwdward paid the first 'Installment, but made default In 1he next three. Mr. Pomeroy claimed that the whole debt was due, bfcaus. the mortgage contained a clause io the effect that, uron (it-fault being made In the payment of thofe installments, Mr Pemeroy would have the right U- fore close and sell Uv lands. Mr. Wood ward, nn the oilier band, clulme.l that only the overdue iii-tslim nta could bs collected with the Interest on the same and costs ! of suit, and. accord ingly en June th last, after the suit wss commenced," Mr. Woodward ten deted the plaintiff's, attorney ,the sum of J140.75 for th three overdue Install ments imd Interest on the same, in cluding $17 for plaintiff's costs Incur red to that time. Mr. Pomeroy refus ed t accept the money, claiming that $1I7P and Interest and tost wes du Julge Itotse decided that only $140.15 was due an J that, as Mr. W.odvard paid that rum into cu.-t efe the day cf trlafcthe suit must be d'.sriisel acccrding to th express's terms of th- stetule. A Oeere J'lc.;theief re entered whreby tli suit 1 dismissed and th; costs, amour-ting to $17, ae?s-d agairst the plaintiff. John, A. Carson wns atttineyt for elefemlants wood vard and wife, while Vf. M.Kal.er and W. T. Slater represented Mr. Pom. er. A iiitct of spiea 1 t' the su prtme court has been given by Mr. Pomeroy's atK-meys. In tha pqg. rt Clrare r?ollIns. Tjlaln- tiff,; vs. Harvey S. Jordan, defendant,', an action for the recovery on some' notes, a plea in abatement was sub mitted.' , " i , i; j In the caseif P. P. Whltlock, plain tiff, vs. Wm. M. McConnell, defendant. F. W. Waters was appointed gcardlan ad litem for the minor defendants. Judge Boise adjourned court for the term, at 4 o'clock yesterday afternoon In the supreme court yesterday the appeal of the Columbia Implement Co, plaintiff and appellant, vs. A.,a Aul den et al.. the State Board, offEqual izatton. defendants and resporvtfants, was called up, and, upon motion of Attorney General D. R. N. Blackburn, attorney for : respondents, the appeal was dismissed and the Judgment of the trial court was affirmed, for the reason that the appellants, after filing.: a transcript and abstract had taken no further interest In the mattes-and had filed no brief In the case. The suit "Was the result of the action of the state board of equalisation In raising real estate and . merchandise valua tions In the assessment of Multnomah county. In IVtV the legality of which was questioned by plaintiff and appel lant in the caseJ Upon trial In the cir cuit court. Judgment was given for he defense, and an appeal was taken to the supreme court. s The court ordered that ' Walter I Crowe, who was previously admitted to the bar on probation, be perma nently admitted to practice law in all the courts of Oregon, upon motion of Robert G. Smith, of Grants Pass. Following are" the minor orders made by the court yesterday: : ; The Oregon & California Railroad Co. et aL. respondents, vs. Jackson County et aL, appellants; ordered on stipulation that appellants have until September 1st to serve and file their brief. -. .. . , .... , The Southern Oregon Co.. respond ents, vs. Coos County et aL, appellants; ordered on stipulation that respondents have until September 1st to serve and file their brief. Southern Oregon Co.. respondents, vs. Coos County et aL, ap pellants; ordered on stipulation that respondents have until September 1st to serve and file their brief. The two cases to be consolidated. A. T. .Therkelson, respondent, vs. Lawrence EL Therkelson, appellant; ordered on i stipulation that appel lant's time to serve and Hie his brief be extended to August 20th; ordered also on stipulation that ' respondent have until September 1st to serve and file her brief. ' ' . FINED TWKNT V-FI VE IVDTLARS V. E. Woodwoid. of Mchama. was given a Jury trial In J .is lice H. A. Johnson's department yesterday after noon and found guilty of assault and battery on the i-erson of Ttcmns Pom etoy aleo of that mountain villige. Justice Jtlnaon Imposed h fine of $25 and costs on "Woodword., who liqui dated the fine up-.n reaching the county jail. The Jury consisted of H. S. Belle, G. G. Guns Sr.. J II. Low is, W. W. Hepburn, C. T. Toty and John Molr. IMi-irict Attorney S. L. Hayden and his deputy, C. I- McNary. appear ed for the state, while the : defendant hail employed J. A :rsn, as coun sel. The tf i-frult was alleged by the stat to have been connnitted with a reck and in tupiort of the allegation. Dr. Pratt testified U- laving made in exjunina tin. tot the iv3se.uting wit ne a after the nsaiilt had teen com mitted, ttatlng that be found the man's shoulder badly disCjOlored. t The de fense maintained tbjnt the aseault was perpetrated in self-defense, alleging th.U Pomeroy was about to strike Wocdword with a tuteher knife when the afsaull was cemmittcd. In fact, the case was simply a chapter In a very disagreeable family scrap, the Je fends nt having married Pomeroy's daughter. DEFECTIVE CHIMNEYS. Two In the Marlon ! County Court House Are Bflng Rebuilt Nearly a Fire. Owing to the failure to furnish cuf flcient draft during the "wol" months a ecuple of the chimneys on the nortt side of the Marlon county court house aie being enlarged from points wbefj they leave thf n ain brick wall up ward. The work of rearing them down Is undr way and the mi son thus employed dlscoerd a very de fecilve place In cne cf them so bad was the wall that a pot lion of tha woodwork surrounding the chlmr.ey had ben scorched. Such a condition certainly indicates that there is Urgent necessity for a thorough cxsmlnation of all the flues in that structure, and the earlier the county court attends to the matter the better it will be for tbs taxpayers of Marion county. It will le remembered that, r.ct many months 'ago, the court boiise was damaged by Are caused by faulty const: ucllon of i section of Its wall, and it is to b hope 1 that unother i-uch fire will be averted. THE LOST RETURNS. Corporal William Truebenbach, of Campany A, Fourteenth infantry, reached Salem Sunday from San Francisco and yes terday went out to Howell prairie where his parents, Mr. and Mrs. Ed ward Truebenbach and other relatives reside. The young man enlisted as a private In Company A, at Vancouver Barracks, on May 1$. 196. For a time thereafter his company was stationed in Alaska but was subsequently re turned and sent to the Philippines where Truebenbach was promoted to a corporalshlp. Ills term of enlbrt ment expired May 19th. last, and a let ter received by his parents from him In March saying that he would not re-enlist, was the last word received from the boy. His parents naturally became alarmed as to the welfare of their son and only last Friday (M. the father call on Governor Geer for the purpose of enlisting his services In lo cating the boy. It Is not necessary to add that there was much happiness in the Truebenbach home In the Waldo Hills last night when the parents re ceived the,ir hero-soldier -after a sep aration of over two years, passed among the uncertainties of active army service. . . ACCIDENTAL DROWNING. Mrs. R. j. Fleming left yesterday afternoon for Cedar Bluffs, Nebraska, In tesponse to a m4sf age amounting i the death, by accidental drowrJng, of her broth er. John Staats, at that place Sunday afternooi. Staats leaves a wife and two children. Ho was a good ilmm r but it is presumed he was sefsed with cramps and drowned before fcelp could reach him TWO RUN A WATS. Two boys, aged about 14 years each, ran away from the Chemawa Indian Training school last night. A watch is .being kept for the lads who will probably be captured and returned to the school within a few days. ";.-.-' ' J ; s TO-NIGHT AND TO-MORROW : i NIGHT. . And each day and night this week you can get at any druggist'. Kemp's Bal ssm for the throat and lungs, acknowl edged to he the most successful reme dy ever sold for Coughs Croup. Bron chitis, Asthma and Consumption. Get a botils today and keep It always In the house, so you can check your cold at once. Price ?5c and 60c, Sample bottle free. - THIS . YEAR'S PAIR PROSPECTS FOR THE SEPTEHEKK HEET ARE GOOD. , A Novelty Race Billed, for One Day When Railroad Men Will Be in the Saddle. (From Dally, July 25th.) If the success of the state fab;, to be given under the auspices and direction of the new stale hoard of agriculture during' the month of September, de pends upon the efforts of those having the arrangements (n charge, it will be unprecedented, for never in the his tory of the Oregon .state fair have prospects for a good exposition and a satisfactory attendance been as prom ising as they are now, nor have the officers worked harder to secure good exhibits and first-class attractions for the public -1 . Secretary C. D. Gabrielson was In Portland on Friday and Saturday, where be met T. B. Gunn, of Yakima, secretary of the Washington state fair, and together the two visited several breeders of fine stock, for the purpose of securing their promises to exhibit their herds at the state fains of the respective states. Among the gentle men visited was F. E. McEldowney, manager of the Ladd stock farm. This gentleman has a fine herd of Jer seys, and another of Guernsey cattle; he also has a splendid lot of Berkshire hogs. Mr. McEldowney could not pos itively promise to be an exhibitor at the Oregon state fair this year, but feK pretty certain that s he would be able to come and bring his prize stock for exhibition. , Mr. Gabriel son also visited a Mr. Common, t who has an excellent strain of Poland China hogs, and this breeder also promised to bring an exhibit to the fair grounds. He has onf proker, which, if 'fattened up. wltl weigh 700 pounds, and this monster shoat will be one of the attractions In the hog department at the September show In this city. Mr. Gabrlelson also made arrange ments for a novelty race, .which, if present plans do not miscarry, will be one of the best , '. attractions of the week. The event billed for the after noon of Saturday, September 16th, will be a half mile running race, ordinary horses to s be used all race horses barred each animal to be ridden by either the general agent or a travel ling passenger agent of some railroad company, the riders to dress In cos tume and advertise thetr respective roads. The riders, as now scheduled, are: Frank C. Savage, travelling passen ger agent of the Omaha line. E... B. Duffy, travelling passenger agent, Denver & Rio Grande. Jack Veill, travelling passenger agent, CkmlL & N. Co. A. B. C. Dennlston.? city' passenger and ticket agent at Portland, Great Northern. John P. Jones, travelling passenger agent. Southern Pacific Co. W. E. Coman, general agent, Oregon Short Line. , C. O.' Terry, travelling passenger agent, Oregon Short Line. '. IL H. Abbott, general agent, Cana dian Pacific Co. M. J. Roche, travelling passenger agent, Rio Grande & Western. E. L.. Ray.burn, travelling passenger agent. Northern Paclfc. A. E. Cooper, general passenger agent, Chicago, Rock' Island & St. Paul. The Judges will be: W. H. Mead, general agent of the North western I ne, and R. C. NIchol. general agent of the Denver & Rio Grande. For timers, the following have been selected: C. II. Markham, general pas senger and freight agent of the South ern Pacific Co., and A- D. Charlton, general passenger agent of the North ern Pacific Co. W. II. Hurlburt, general passenger agent of the O. R. & N. Co., will act as starter. A valuable trophy has been offered for the winner, and the railroad men will spare no efforts to make the race an Interesting one. They are all , en thusiastic, and will be on hand on the date named, accompanied by a large crowd from "railroad row," In Port land. They promise to make the day one of the best of the fair, by furnish ing great amusement. Following the race the passenger agents will give a banquet to the winner, in which all the railroad people will , participate. Secretary Gabrlelson has made ar rangements for very low rates for the fair, the Southern Pacific Co. having granted a one-fare rate for the round trip, good going and coming on any train during fair week. There will also be two excursions, one on Sunday, September 17th, the other on Thurs day, September 21at. The rates for these excursions, round trip, including admission to the fair, have been fixed as follows: From Portland.... ....$2 00 From Eugene.... ...... ...... .... 2 60 From Irving.... .... ....... t 35 From Junction City .... 2 15 From Harrlsburg.... ...... ...... 1 00 From HaJsey.... .... .... 1 75 Mr. Gabrlelson also, called on E. C. Masten, secretary of the Portland chamber of commerce, and C H. Mc Isaacs. secretary of the manufactur ers' association, and urged on them the importance of having a good exhibit at the fair. Both gentlemen promised to bring the matter before the direc tors of their respective organisations, with a view of enlisting their efforts in this behalf. Both of these associ ations will meet early In August when they will doubtless take favorable ac tion. It Is expected that a large dis play and a working exhibit will be pro vided by some of the Portland manu facturers, which would be a most at tractive and interesting portion of the fair. - v - ' A number of specialties are under consideration by the board- The Shields Concert company, which gave very satisfactory programs at the fair last year, is anxious to sign a con tract for this year. The company bat an entire new outfit, and would make an excellent attraction for the fair. A first-class balloonist and parachute Jumper. R. Earlston, Is also anxious to appear at the fair. If contracts are signed with him, he will Introduce' a number of new and daring feats, 'one of which is to drop with a parachute, riding a bicycle. r President W. H. Wearing will be In Salem today, and upon his return to Portland, will be accompanied by Mr. make contracts for a number of sneclsl I attractions. . , i Secretary Gabrlelson has written sev era! letters to Major Percy Willis, Cap tain Heath and Lieutenant C A. Mur phy. asking them to co-operate with the fair board in arranging for a re union of the volunteers at the state fair in September, and the prospects for bringing a portion of the regiment, if not all the companies, here at that time are very good. It Is proposed to offer prises for the best drilled com pany, and the best drilled men. and at the same time have a general good time. I .- - The board has made the price of the season tickets much cheaper this year than ever before, the tickets for la dies being $1 for the entire week, and for gentlemen $2. This Insures the sale of a very large number of season tickets, it being expected that Salem alone will take about 2000. With these attractions already se cured, and other now under consider ation; with the prices of admission cheap, and a friendly feeling toward the fair throughout the state, the prospects for a successful season are, indeed, bright, AFTER MANY YEARS EXECUTOR APPOINTED IN THE MARY D. EOPF ESTATE. Will Filed In 1891, Now to Be Admin isteredA Motherless Iufant l Finds a Home. (From Dally, July 25th.) In . the probate court, yesterday, James King petitioned for letters tes tamentary for the estate of Mary D. Eon, deceased. Mrs. Eoff 'died on Jan uary 10. 1S00. and her last will and testament was filed with the probate court in 1S91. but no further action was taken at that time,' and the matter was dropped until yesterday, when the executor, named In the will, appeared in the probate court, and asked to have letters testamentary issued to him so as to enable him to administer the es tate according to the provisions of the will. The estate consists of real and personal property valued at $1S50, and all situated In Marlon county. 'The heirs of the deceased, among whom the property is to be divided, are: Bertha Woodall, aged 27 years; Or son I Eoff, 24; Henry Eoff, 21; Geor gia Miles, 20; Inex Eoff, 18; Cecil Eoff. 16; CeUna Eoff, 14. Waneta Eoff. 12; Grace Eoff, 9; Millie Eoff, 10 years, all children of James F. Eoff, deceased, a son of Mary D. Eoff, all residents of Marlon county. George W. Eoff, a son, aged 50 years, of Marlon county. Cynthia Ann Trenehill, daughter, aged 70 years, of Oakland, California. George Oscar Eoff, aged 30 years, of Marlon county. The will names James King as exe cutor to 'serve without bonds, and County Judge G. P. Terrell appointed James King as executor. In compli ance with the wishes of the testator. John VreJenburg and wife, of Wood burn, yesterday petitioned the pro bate court for permission to ado.pt Henrietta May Comer, an Infant, the child of .Wjpn. Comer and Anne Eve line Comer. The mother of the Infant is dead,, and John and Catherine Vre Wm. Comer, the father of the child, are the parents of the deceased mother. Wm. Corner, the father of the child, filed his consent to the adoption of the inflant by her grand parents, and in ac cordance with the petition Judge Ter rell ordered that the petitioners be given the child, and that from this time on the Infant should be treated as their child, including the right of inheritance. .L. G. Barron, guardian of the per sons and estates of Charles and Kate May Saunders, yesterday reported to the court that the estate of his wards consisted of a one-fourth Interest each had in a tract of land containing 15.31 acres, in which their mother held an undivided half interest; that the said ward, Kate May Saunders, was now IS years old and married, and that there was no further need of a guard tan in her case, and he prayed that he be discharged as the guardkm of the said ward. Judge Terrell granted the prayer of the petitioner discharg ing the guardian from any further service or responsibility In the case. John Wyatt, George Cooper and Les lie JUllle, appraisers appointed to pre pare and file an Inventory of the es tate of C. J. Mulkey, deceased, yes terday presented their report to the probate court. The estate consists of real and personal property valued at $1150. "An Empty Sack Cannot Stand Up- right.- ,:i'; Neither can poor, weak, thin blood nourish and sustain the physical sys tem. For strength of nerves and mus- otes there must be pure, rich, vigorous blood. Hood's SarsapariUa Is the standard preparation for the blood and Its many remarkable cures and the fact that ft does everybody good who takes it prove K is Just what you seed If you are weak and languid. HOOD'S PILLS do not gripe. All drug gists. 25c AWE-1NSJ1RIKG JKRO!vL.I.'M3. We should accei t the ireauifest pur pose ef human existence and koking around us and beyend. as Moss from Piegah's heicht. seek tn the attempted realization cf the divine 'ideal of Ufa the solution ef th awe-lnsniring prob lems of life, death and ImmArtalUy. Rev. Mr. Webber, Unlversallst, Rum ford Falls, Vt- , Spot before the eyes, despondency, constant worry. Hudyan cures. All druggists. 0 cents. UVHE3T THEDAT IS "DONE. The health of a community Is an al most unfailing index of 1U morals. James Martlneau. , Nothing conveys a more " Inaccurate Idea of a whole truth than a part of a truth so prominently brought forth as to throw the other parts into shadow. This is the art on caricature, and by the happy use of that art you might caricature Apollo Belvidere. Bulwer Sleeplessness, melancholia, stomach rains, heart troubles. Hudyaa cures. All druggists. SO cents. 0TC Batistas $gataxe , f l!a 1M YwHawAhtan &sl LEGAL. ADVERTISEMENTS. NOTICE FCR PUBLICATION. Land Offce at Oregon City. Or. r Jure 2. 159. NotIce,ls hereby given that the M lowing-named settler has filed notiet of his intention to make final proof in support cf his claim, and that sa4d proof will he made before the County Clerk of Marlon County. At Salem. Or., on August 8. 189. vis: George Howe: H. E. 9562. for the N of SE; NH ef SWH of Section 24. Township S, South Range 1 East. He names the following x Uncases Ito prove his continuous residence uron and cultivation of said land, vis; Samuel Brown, tf Argent l, Oregon; James Refel of Argenti, Oregon; V. H. Relchert. of Argenti, Oregon; Fied Night, of Silverton, Oregcn, CHAS. B. MOCHES. 30-6L Register. ADMINISTRATOR'S NOTICE. Notice is hereby given, to all whom It may concern. That the undersigned has been duly appointed administra tor of the estate of John D. Hurst, late of Marion County. Oregon, de ceased, by the county court of Marion County, Oregon, and all persons In debted to said estate are hereby no tified to make immediate payment to the undersigned, and all persons hav ing claim against said estate are hereby notified to present the same to the undersigned at his office in the Murphy block at the City of Salem. Oregon, duly verified as by law re quired, within six months from the date of the Arst publication of this no tice. Dated at Salem, Oregon, this June 29, 1899. V FRED HURST. Administrator of the estate of John D. Hurst, deceased. :30-5t. NOTICE OF FINAL ACCOUNT. In the mattei of the estate of C. F. Llbby, deceased. ( Notice is hereby given that D. F. Llbby and J. T. ;reg, executors of raid estate, have rendered and pro-si-ntei for settlement and fi'ed In th county court for Marion county, Ore gon, their final account of their ad mnistratlcn cf se.ld estate: that tha eighth day of August, 1899, at 2 p. m , at, the court loom of said court, in thj court house in the cityof Salem. Ore gon, has been duly appclnted by the judge of said court, at whicliJUme nn.l place said final account ill .'be heari and passed on. ' D. F. Lll:RY. J. T. GREGG. Executors. . Dated at Salem, Oregon, July 1OTJ. w5t. SUMMONS. In the Circuit Court of the State of Oregon, for the Ceunty of Mat Ion, De partment No. 2 Pacific States Savings, Loan and Building Company, a corporation, plaintiffs, vs. Jcserh Winner. F. J.. Stiaycr and D. D. Keeler, dofeniants. To Joseph Witrner and F. J. Ktravcr. defendants above-named: In the name rf ihe rtae of Oregon, you are required to appear and a rower the complaint against you In the above entitled court and cause on or before the first day of August, X999. thtt being the last day for the ap pearance cr rnswer fixed by the ordT of the court for the r-ublicstlor. of this summons; and If you f:ll so to appear or answer, plaintiff will apply to the court for the relief prayed for in its said complaint, towlt: For the decree of this court. (1) That theie is due and owing to plaint iff on bond and mortgage set .ut in the complaint the sum cf 138143 with interest at per cent, from September 15. 1898; that plaintiff be adjudged the turn of $75 m arid for attorney's fes and theeoMs of suit. 2 That plaintiff's said mortgage be found and decreed lo be the first and best Hen upon and aga'nst said mortgaged premises; that said mortgage be foreclosed; that said mortgaged premises, towlt: Iot four (4: In block six 43) of Highland Addi tion it the city of Salem in Marion county state of Oreson, ba sold ac cording to law and the practice of this court; that the priveeds of ssll sale be applied In the payment of the ex penses of said sale, the costs of court snd the amount found doe to this plaintiff; that the surplus. If any, be 9 1 . Lacy's Great Slaughter Shoe Sale. I We are root KILLING THE DEAD. Not making Low Prises on dead stock, and blowing about it as a marvel, but we are SLAUGHTERING THE LIVING. Hewing down a clean live stock. level with the dirt which is UP-TO-DATE STYLES. them NEW SHOE STORE l-ld into court subject to the farther 3rc"er of the court; that said defend ants and each and all.of them and all persons claiming by, ; through or un der them, or either of them, either as IHirchasersi : Incumbrancers, or other wise, subsequent to the date of plaint iff's said mortgage, be barrel and foreclosed of all right, claim or equity of redemption in and to said promises) jr.d every part thereof. iS That the purchssr at such sale be let into the posse-talonof said t-remlse-, and that plaintiff may have such' other anl further relief as the court may eeeni Just and equitable. This summons Is published In the Oregon Statesman by order cf the 'Hon. R. P. Boise. Judge ft the cireiiit comt of th-j state of Oregon, for Marion county. Department No. 2. duly made and entered on the four teenth day of June. If99, the first pub-. Ilcatlon of this summons being ordered to be made on the sixteenth day cf June. 1899, and the lan publication the twenty-eighth clay of July, IS?. O. W. ALLEN & G. a. BlNGHtM. Attorneys for Platntlir. :16-7tw. , SHERIFF'S SALE OF REAL PROP ERTY. : Notice Is hereby given that by vir tue of an execution duly issued out of the circuit court of the state of Ore gon for the ccunty of Marion, and to me directed oa the twelfth day of July. 1SJ9, upon a Judgment and decree duly tendered, entered e-f record, and dock eted In and ry said court on the fifth day of July, 1899, in a certalu suit then in said court pending wherein Ja cob -Ciesy is plali'tiff and Lizzie J. Glesy, Anr.le LUxio Giesy, Bingcr Henry Glesy, Horace Wulter GUiy, and Husror Darius Glesy are defend ants, in fuvot ot rlaintiff and against said dtfendants, by which execution I am commanded o tell the property , tn enid exeeuttcn iLd hereinafter firvl I dilbed. to pay the sum due plaint iff or 11,992, with Interest thereon a the rate of 8 per cent, per arnun from 1 the said fifth day of Jul). until paid, together wiih the ejects and dis bursements of said suit taxed at T22."", and costs and expense of anli execution, I will cn . SATURDAY THE TWELFTH LAY UP AUGUST, l9. nt the hour of 1 o'clock p. m. of salj day at the west door cf the co'irt houre in Marion courly, Oregon, sll al public auction to ho highest1 bid- . d.-r for rath in hand on the day of sale, all of the right, title, and inter est and estate whit h the -nld deftod antr ami all pei tons claiming unitr them subsequent to the nineteenth day of July, 1S92, had in or to suld real . premises. - Sadd moijgagttf premises hereinbe fore mentioned, and described In snld execution, are described ( s follows, to ' wit: Beginning at the noithwcft cor- nr of Section 13. Township 4 south of Range 1 west of the V,iliinette Me ridian, thence north 1164 chains to tho center of the road leadJng to UuUcvllle, thence north ..r4 iegrees east 28.0$ chains; thence south 15H degrees vest 22 41 chains to a small ?ir tree; theme eotith 554 degiv?j 1 wst, 2.35 chains; thence n rth 65 de grees west, 10 chains to a dos-woo I tree six inches In diameter; thnco north 31 degrees ft, a chains, thence west 9 chslns to the place of beginning, contMn'ng forty acres of L.nd moro or less. Said sale being made rvbject to re - kdcnrtlou in the nisuner picvldel ly law. My said execution I am further com manded t sell the proeity hereinaf ter etc ond -desen ted. to pay th sum due plaintiff tf ITCf.i with interest'.' thereon at the rate of 10 per cent, per annum from the fifth tlav of Julv. If 39. until paid T"gethT with the costs arid dixburreinents of sa'd suit taxed at f22.:u and costs and expenses of said execution. I will at th sai.ie time snd place sell at public auction to the highest bidder for cash in hand i on the dt.y of sale all the right, titl-, interest, and estbte which ea'd de ! fendants iind all persons claiming un der them nubse:UeMit to the nineteenth .day of August. 11, (that being the date of the execution of the mortgage i theieon) paid In, of, tr t said mort gaged inemKes Leiclnfcefore mentlm ed whih are desciibd In said exec! -Uun as follows, tc-wit: 11 Jng a psit of Lot No. 3. in Icxk No. 6, in the lown of Aurora, Mailou county, Ore ? g'n, and described by beglrinJrg ut a point K-5 feet vest c-f the nc'ftheiist corner of said Let t It rfc'd Rlock thet-ce west on Second street ? 1-5 feet; ther.ee south parallel wlih Liberty stiett 0 feet; tlence east parallel with said Hecuml tret Zl feet? ' thenc- south parallel with, said Liberty street 30 feet: thence east parallel with sail Second street 70 feet: ithence north parrllel with said Liberty street 110 feet to the place of beg'nning. To gether with the tenements, heiedita ments, and appm tenant es thereuntw belonging or in any wise appertaining. Said sale being made subject to 're demption In the manner provided by law. atcd this twelfth Cay of July. 189). F. W. DT.HBIN, Sheriff of : Mai Ion County, Oregon. 7;14-wtL p. $ I Per Cent Reduction On All Shoes associated with cheap price. NEW Every shoe In the bouse subject to the 20 per cent reduction. Goods marked In plain figures. Originator ofkw prices. We shine free. 94 STATE STREET.