' " ' :' - ' - WEEKLY OREGON STATESMAN. TUESDAY; JANUARY 23 1900, .
DRIVING0N "PATH
TWO MEN CHARGED TVITli - IXJCBIXQ
BICtttE BOADWAT. ' T
Ed Brown and George , Il Irwin, of , This
City, Will Appear la 4 as t lc Court '
TU AfUraooa. ,
-From Daily, Jan. 24th.)
Ed." Brown and George SH. Irwin,
two cattle-buyers of this city,. were yes
terday arrested by Constable j D. C
Minto on warrants issned out of Jas-
ttee - H. A- J ohnson's. . department,
charging them with injuring a bicycle
path in the Lake ' Labish . vicinity, , by
driving a horse thereupon. Their
case were se for hearing at 2 o'clock
this afternoon. The- young' men have
! employed : the services of -'John Mc
Court "as attorney.l JH. Mason is
the private, prosecutor. ; ' J- .' -
Tho ,text of ,ihc , complaint b , as fol
lows: :
. "Ed. B rown and f G.. H. 1 rwin are
accusedf by J-v H.'. Mason ttr this com
plaint of the crime! of injuring ; a bi
cycle pafli'birtThitted as follows;
"That the said Ed. Brown and G.
If. Irwin on-the third day of January,
1900, in the county of Marion and state
of Oregon, then and there- being, did
then and there- unlawfully and wrong
fully injure a certain bicycle path in
said Marion tounty and state of Ore
.eon by then and there wrongfully and
rnlawiully . driving .a horse : in, and
upon said bicycle path, whereby said
f . I ' . ! jt J iL
Dicycic . pa 1 11 was - jiupdiicu anu . uic ;
safety of said bicycle- path-' then: and'
there imperilled and injured; said bi
cycle path being duly constructed in
said Marion' county, state of Oregon,
by the order and under the direction
of the honorable county court for said
Marion 'county, Oregon, according to
the provisions of an act, of the legisla
ture of the said state of Oregon, en
titled 'art act to provide for the levying
and collecting "a tax on bicycles, for
the building and protecting of' paths,
and defining a bicycle path passed by
the legislature of the said state of Ore-
' gon at its session thereof held in the
year of 1899, and approved by the gov
ernor of said state on February 18,
1899; said bicycle path being construct
ed irr-snch a . manner that it didnot
materially 5 interfere; . with . any road,
street or. crossing; 'said act , of said de
fendants not being! then and there ne
cessary for the purpose of ingress or
ceress to any field, yard or lot or other
place to road crossing or the driving
1 of loose stock, contrary to hc statutes
in such xrase made and provided and
against the peace j and dignity of the
state of Oregon." ; . . ' .
This is the initial case-of-this kind
to be brought into the courts of this
city and it will bo watched with con
siderable interest, j Misdemeanors of
. this character have been perpetrated
on the cycle paths? In different parts of
thel county since the rainy season be
gan, but .this is the first arrest that
has been f made for an offense- of this
kind. i '
The law enacted by thfc'Iast legisla
ture provides a minimum fine of fib
lr thi ollcnsc, ; but places no limit
thereto.- -,: ' ; r
CORVALLIS WANTS THEM.
Corvallis Times: , I - " '
The movement to secure the next
year's meeting of the State Poultry As
sociation in Cprvallis has taken shape,
and yesterday a committee of business
men canvassedJtnc-' town to secure a
guarantee for the payment of any de
linquertcy in expenses that the, meet
ing of the association might entail. The
high water mark( set for the guarantee
is $600, and whenrhe' subscription list
was last seen the sum had almost been
secured- ( Albany has always given the
? association such a' guarantee,' but in the
oast the meetings have always been
' self snstainintr.-and euarantce- subscrip
tions have never been called for, I fav
irrg ,alrcady had -the association two
ytars in "succession, it is probable that
Albany, in a freindly spirit, will yield
to the claims of Corvallis for the next
? meeting. .This year's meeting happens
V at Albany ext week, when the question
of the next meeting place will be de
termincd. .: -. n ) iJ
" GOT OFF EASYy
Reporter. McMinnville: ,
James Wray of the S. P. -Co. s bridge
gang, fell from the North .Yamhill nver
railroad bridge Wednesday jmorning,. a
distance of sixteen to twenty feet, and
was somewhat bruised in the! ankles arid
back, but no bone were broken. A fel
low . carpenter slipped and fdl at, the
same time, landing beneath Wray, and
receiving the least iniury of the two.
Wray was brottght'to theliome of vV m.
Maloney in this city, and was taken to
his home in Portland on the afternoon
. train. ' . j " - -.- - -
GOOD WORK.
. .- : , : .ft ' ...
The old sidewalks in Albany are fast
disappeafine and Jiew one taking their
places. The city council during the
pa?t year 4ias done much toward im
proving the town, all of which is very
commendable, and fully appreciated by
all who are out-on dark nights.
MANY MOaTGAGES MUaSED.
Yesterday's Filings in the County Re
1 cordcr's Office Show Many - Pay
ments Tlie Deeds Filed, r
In the recorder's office at the Marion
county court house, yesterday, five sat
isfactions of real estate mortgages were
filed for record.! aggregating 57,4-tf-There
were also filed a mortgage for
$60. -and a chattel mortgage for $7S.. as
well as three deeds, for the following
described property: . ' .
II. A. Thomas and Jennie p.
Thomas. Geo. W. Watt and Lydia
E. Watt, to h W. I Iobart, lots
No. 7 and 8. block No. 23,
Park w d ...L.V.. ...--S0
M. IL Stausberry and A. W. Staus
erry to James Stausberry lot No.
8 in block No. 5, Riverside addi
tion to Salemi w d '..., 200
Salem Building and Loan Associa
tion, to Mark S- Skiff, lot No. 7, ,
in block No. 13, Highland addi
tion to Salenvw d ...-..- l87
Total ...L. ...$937
! S -. ., -;. . , - - -
DESIGN OF MEDALS
Of IIOSOB FOR ors--.
OA T.I. AST VOLCXTEEKS.
" Medal la 81m f KUrar
Dollar a,ad Bears Appropriate
Inscription. '
(From Daily; Tan. 24th.)
The design of the medals to be given
Uregons volunteers is a pretty one.
lne medal will be made from a brass
cannon that was captured in the Philin-
Jn form. iflie medal i a A ,it
me sue ol 1 silver dniu.
trom a compound bar. the ennninni
being -made with chain links. On the
iront siae ot the disc, rmmedimately in
the center, is engraved the sUte seal
while circumscribed the same, is the
inscription: "For Gallant Service in
the Philippines, 1898-00.", Encircling
both the seal arid the inner wording,
and engraved along the outer edge of
the medal is the inscription: "From
the State of Oregon. To the 2d Ore
gon. U. S. V. Inf." In the medals to
be presented the members of the two
batteries, which did not see service in
the Philippines, the wording of ? the
double inscriptions will be properly
modified. On; the reverse side of the
disc, appears a beautiful and appropriate
representation. Standing alongside a
cannon and jointly holding the Stars
and Stripes, are representatives each of
the infantry and naval forces -while the
scene is encircled with a wreath.
The following local reference to the
medals appeared in Tuesday's Oregon
ian: :- - . : . , .
In designing the medal, both Gov
ernor Gecr and the committee of volun
teers sought to combine what was dis
tinctively Oregon with figures indicative
01 tne Philippines, tor a time one of
the. designs. for the front contemplated
was a nipa nut thatched palm which
are so characteristic of the Philipipines,
ana which intervened between fthc
American and Filipino lines w nearly
every engagement. ; All the Western
states having regiments in the Eighth
army corps have given them some ex
elusive badge, like this is intended to
be. But in full recognition oi the spirit
of those who volunteered, but were un
able to get into foreign service, a medal
very much like that of the infantry,
only lettered differently. : will be'- eivcrt
to the members of the batteries called
out. These, medals will, hot .weigh as
much as the t. A.K. medals, accord
ing to the estimates -now made, and the
amount of metal required for their "man
ufacture! will probably to less-than no
pounds, vhich will be the quantity, ob
tained by making , the caliber ; of the
Spanish cannon one inch larger. If
such is ' the case, the boring will be "re
duccd as much as possible to preserve
the cannon lor luture .use. ; '
STABBING AFFRAY.
Eigene Gnard, Jan. 22d :
A report was brought down -from
Mohawk today, that Marccllius Arne?
had stabbed Alec Lewis quite, severely
inflicting three wounds, none of which
are necessarily fatal. Upon complaint
being made a warrant was sworn out
in Justice Wintcrmeier's court for the
arrest of Mr. Arnel, and Sheriff With
crs went up to bring Arnel down for
examination. Particufars regarding
the trouble which led to the ; stabbing
could not be obtatned from the officers
as. little is known here about; the affair
except the mere fact of its occurrence.
Dr. Cheshire was called to attend Mr.
Lewis and left this morning. He has
not yet returned.
Portland has a new case of small
pox, as was announced ifp yesterday
Oregon ian. and a large number of
persons have been exposed. We hope
the Salem authorities will not ' relax
their vigilance, to the end that ; no
more cases may be brought here: and
if any are discovered, to see that they
go to the; pest house at once. Eternal
vigilance is the price of immunity
There arc cases of the disease in sev
eral parts of Eastern Oregon, Salem
has been' free from the scourge : for
several weeks in fact, the t whole val
ley is now . without a case
EUGENE'S EXCELSIOR WORKS
En irene Guard. Tan. 18th
The buildings for the excelsior works
are nearly completed, and the propri
etors, Messrs. Koyce fit Peterson, ex
pect to commence active work here
early in February. By the end of this
week they expect 10 nnisn, an jineir
ttncV at Ihanon. At : once the "work
of moving the machinery to Eugene
will be commenced ana r rusnea unii
thev are running in their new home.
! imiii was irotten uo this morning
in their new dry house at the factory
site. Drying by steam is a new ex
periment With the proprietors of the
..r.idnr wnrkt. but thev know it will
be a success. The dry house is clear
full of wood to be used in making ex
Pnooiui wrlrome! this factory. She
needs more of them. Her citizens
cfennM see that the city adds at least
That is the way to
build up a city.
.MMHa 'aaa
TIIE PARENTAL ROD NEEDED
TO.- Tto1I Chronicle:
A J ------- - . .
. a tnrmentmir habit of some Oi
n,,nr 1vm Is that of throwing at
rhinamen as they pass, attending to
their own business, and not in any wise
interfering with the little hoodlum.
vr fnrrtret'ic race can be found
thari these Chinamen and so long at
we admit them to ouf shores, the law
should v protect v them. 5 r.vcryiy
knows Dick, who is an ? "offensive
rh;r.-,mn and not one who
would. rnerit such treatment ;as he.daHy
receives, when a gang oi
,tand on the corner and pelt him i with
mud as he passes carrying
Mrtfhes. It IS useless ir imu
$ to defend himself for the fool.sh
T these - same disrepuUble
r":" JT.j that their "darlings
"ya - wJr-:-Tii.' hH with bv a meas
were nm uhimj. . - .,
1. rwnamao. Just the same, if they
are not capable of bringing up ' their
The law should . ssist them, m
the person of the marshal.
A R Crosby 4eft yesterday ort a bus
ihess trip to eastern ...
LACE FOR HEALTH RESORTS
The. Dalles Chronicle V
It will be a matter iof a short time
until the Washington bank of the Col-
umbia for many miles between here1
and the Cascades will be lined 'with
health resorts, where thousands of
people will come each xrar to rran
the "benefits derived,1 from the hot
springs continually beina Idiscovered
at different locations.; A dispatch from
Stevenson Saturday says that G N.
Woodward, who lives one mile, east
of there, recently, discovered a hot
spring on his place flowing out, of the
bank into the Columbia river. : He is
now engaged in excavating, hoping to
be able to follow the vein far enough
back from the river to avoid the high
"vr. a uc waicr is quite warm ana
the flow ample. The s new discovery
is three miles west of the famous St.
Martin hot ' springs. . : ' . "
In spite of the miserable accommo
dations which visitors had to pilt up
wun, Hundreds visited bt. , Martin s
springs last summer, and many, more
wfll follow this year. ShouW the
company, with which W. H. Biggs, is
connected, and which, has purchased
the springs at Collins Landing, carry
out their plan to fit up the hotel .there
for the accommodation of guest -and
arrange camping grounds for all who
cannot afford hotel fare,' it will be a
blessing to suffering ones, who may
then receive' the benefit otherwise de
nied them. - v
It is firmly believed by many , who
have traveled hundreds of -miles at
great expense that at: our doors may
be found the same healing properties
contained Sn the famous health-giving
waters s of other states. Their faith . is
ounded, not on anV prejudice m favor
of whatever of good is found at home
over that abroad, but on the experi
ence of those who know whereof they
speak, having gone there crippled with
rheumatism and walked away . greatly
benefitted.- - ...
Ellis -Furvine returned" last' night
from a business tri to Portland. "
A WOMAN TO THE RESCUE
Often the world baa thrilled at the atoty
of that wonderful heroine, Grace Darling,
whose strong bands and plucky spirit res
cued so many perishing soul from watery
graves. But there are hundreds of ' other
heroines that the world- knows nothing
about. ; Women in cvery-day life carry the
natural burdens of wifehood and mother
hood,' added to all the cares of a busy
housekeeper, with a, courage and cheerful
ness that Grace Darling herself might ad
mire. They comfort their husbands in
times of trouble and sickness; nurse and
watch over their children, and in fact res-
cue the whole family from a sea of difficul
ties, which otherwise would overwhelm
them. Such a wife and mother, though
she has no gold medals to show for it, is in
the true sense of the Word; the noblest
kind of a heroine. - .- I ..'! v y
Many women have within them the spirit
of heroism without the physical capacity
to carry it out They long to be a comfort
and help to their husbands and children
bnt are constantly weighed down by sotae
weakness or disease which saps their vital
forces, leavinr them wretched and powef-
I was hardly out of school when I married"
said a hiudwme nmnc Brooklyn womaa to
cquaintance. "I had beea atndyin hard, 1
was full of mmbitioa. I wanted to be accom
plished. I wanted to be a tnuaiciaa. a linfruiat
and a society woman all at oncej Then I fell ia
lore aad became a wife and mother. t j- ., -
" My mistake was I tried to accomplish to
much aad didn't take care of my health aad I
broke down. I mUrb hae been saved world's
of snfleriat; if I had been more careful aad aaed
a little common sense. I hated to tell my mothet,
how miserable I felt before I married. I thought
she woald joat pooh I pooh 1 at me. 1 thins
mothers understand more about such troubles
aow-a-daya thaa they ased to. I would never
allow a daughter of mine to marry, being bo
Stronger thaa I was then. r '
"My husband was so kind and considerate I
didn't want to be complaining- all the time. Ht
insisted on the doctor coming- to see me a real
rood Id doctor too. He srave me medicine lor
my digestion and my headache and something"
to help my heart action, t somehow could not
bear to tell him what the real trouble was. m 1
kaew be would insist ou aa examiaatioa and I
dreaded it so. ' '.. .
My married sister told me I ought to write
to Ihr. Pierce of Bafialo, but elt so guilty to'do
that without telling my husband. But shewro
for me and received a kind, sensible letter ten
ia me bow to give myself simple treatment at
home. This helped me; and then she got me
three bottles of Dr. Pierce's Favorite Prescnp
tion and I began to take it. Pretty aaLS7JT'.
band said 4 something is doing you good surt t
You're ever so much stronger and brighter.
Then I had to tell him everything. ,
" First he frowned a little and shook his hesd ;
then he just laughed and said 'well the proof of
the pudding hTta the eating t If this little
woman ia made well and strong by anrbodfi
Prescription ' 00 matter what his name la, Ood
bless him. whether he Uvea in Buffalo or right
. aI t Mcf nude oerfectlv strong
d well by this treatment, as I never had heeaJ
before ia my life." j s v..
ThU is a true experietiee; it I one of
thoosands which shows that a physician
Hke Dr. Pierce who has devoted a life-time
f special practice to treating ailment pe
culiar to women can prescribe for them by
mail just as effectively as if the patient
was in his office, and thousand times
more effectively than the average doctor
whose attention is merely given to general
P Theabov is not a fairy story. It is not
the story of one person. It is the story of
thousands of women. It is a composite
cict ore in which one can trace face behind
face, lined with suffering, channeled by
tears. It is a story as true as the parable
of the Prodigal Son, which was not the
story of one young man but the story of
the type which repeats itself generation
alter generation and is as common to
rope as to Asia, to Africa as to America.
Is it your story? Your story either tt
in art There's hope for yon.
There's help for yon. Dr. Pierce's Favorite
Prescription has cured so many cases where
life was a daily burden under which the
weak and weary body stagsted on to the
nee. that it can be recommended with the
a1 1 i m at female
Utmost HHDHW mm
Vk w rarely fails to result, from the
conscientions nsc 01 w x
. mreration and infiammauon,
rii-(fl dianlaeements. and uterine
diSd general, all yield quickly to
the action of this real and radical rem
edy. . As the disease is healed the svtnp-
lams pass away; iw .
breathing7, floating specks before the eyes,
nTnseav wewine and melancholy The
.petite returns, the blood is vitalised; and
Ufewhich was heretofore a mere existence
feecomes a hearty, happy condiuon.
anBnnnln.
-WINTER QUARTERS."
The Favorite Location of Grcuses for
we .inier reason.
The circus .season- in the United
States (and in no other country of the
world ts the circus so distinctive and
profitable a form of recognized public
amusement) begins in the spring with
the first thaw, and ends" with the first
frost s Between these periods is the
season of winter quarters - just now
beginning. There are directly and in-
dierctly 10,000 persons connected wkh
me circus uusiness in uic unuu
Sutes. equestrians, trainers, acrobats,
hostlers, keepers, wardrobe -women and
veterinarians, land thej rmy ol man
agers, agents!, ushers, lithographers,
"side-sborwmen. "candy butchers," as
they are technically called, toots, pur
chasing agents and canvass men. Ah
most proverbially figures relating to
areas business, its extent ana tne pro
grammes of managers are exaggerated.
but with forty established circus con-
terns in thej country (omitting from
the calculation the Sarnum & Bailey
concern, (corporation representing
the shareholders now domiciled in
England), and with an average o? 200
employees each, a total of 8.000 is at
tained, to which, no doubt, an addi
tion, can be made for those who. while
drawing theirj livelihood from circuses,
do not travel with them, but "serve in
a business -way at home, or supply them
with materials.
The American circus season opens
at different times in various parts of
the country as to climatic conditions
which vary Considerably. It is begun
earlier in th South and later in New
England and the Northwest VYith
the colse of the circus season the man
agers' withdraw their forces into what
are known as "winter quarters' for the
care and sustenance of the animals, and
particularly
stitute such
circus life.
or the horses, who con
an important feature of
A portion
rJ the staff of emolovees
finds work tat half salaries' during the
winter motrths). cither in caring for
the animals, renovatmir the - wagons
and cages :of iti freshening and- renew
ing the costumes. . Ohio, notable as
well in some other particulars, is the
favorite static tor the -winter quarters
of circuses, though Western states are
generally preferred for the reason that
better forage appears to be attainable
in them at ) more satisfactory prices.
Columbus, j Cincinnati, Geneva. Lan
caster. Waoakoneta and Terrace Park.
Ohio, are six "winter quarters" in that
state. Some other towns in the West
, .lj L :J 1
wnere circuses nave ineir vcuuu
hibernation j are Peru. Ind. : Fort
Wavne. Indi: Aurora. Neb.: Baraboo.
Wis.; Webster City Ia.: Argentine,
Kan,; Fairbury, Neb.; Des Moines.
Concordia, Bloomington, 111.; Musca
tine,-Ia., and St Louis.
For manvl vears the winter ouarfers
of the Barnum circus was at Bridge-
nort. and two circuses now Utilize that
convenient and accessible city for-win
ter quarters.) The lack of income from
entertainments during the winter sea
son and the continuance, though much
diminished, of expenses is one .of the
reasons fori the somewhat precarious
character of thecircus business, except
in the case of very large shows well
supplied with capital to carry them
over during this., period ; when jubic
interest in circus' entertainments is vir
tually suspended. Some efforts have
been made, but never successfully, to
establish indoor circus entertainments
n winter, but the circus in this country
. a
is a summer amusement, ana wnen
warm ; weather peases the period -of
winter quarters is at hand- ;
BE IS KOT A CANDIDATE.
rton. D. ft. Looney Does Not Want
Office Favorably Mentions Lieut
Murphy or Sheriff.
The following letter was received
yesterday from Hon. D. L. Looney, of
Jefferson: ' ' "V -
; , ; Jencr son, ur., Jan. 22, igoo.
Editor Statesman:
-Isee mylname mentioned in your is
sue of laiuary 20th. as a probable
candidate ' for sheriff this coming elec
tion. I wish to state that I am not a
candidate, for that or any other office
This precinct will renominate J. H.
Roland for: county recorder. I also
see Lieut i Chas. A. Murphy's- name
mentioned ifor sheriff, and believe that
one who stands so well in the estima
tion of his comrades, and served his
country so (faithfully in the Philippines,
would be equally as loyal in the sher
iffs office. D. H. LOONEY.
PATIENT RETURNED. E. C
Judd, an attendant at the state insane
asylum, returned on tne iaiitornia ex
oress last evening from Wallowa cOun
ty, having in his, custody one Shino
weth. a trusty patient who left the in
stitution about two weeks ago. The
impairment of Shinoweth's faculties is
the result ! of religious excitement.
A LARGE ESTATE. The report
of W. P. j Emery, Sol Anderson ; and
Alex Thompson, appraisers of- the es
tate of Warrem Cranston, deceased,
was filed in the probate court yester
day. The j inventory shows the home
farm of 660 acres'to be valued at $tg,
800, and the total of the estate is placed
at. $2474
BOARD PAID. Sup. J. D. ' Lee,
of, the state prison, yesterday received
a draft from the federal government,
for $490.8$. in payment of the board
of United States prisoners for the quar
ter ending December 31, 1890. The
amount was promptly deposited with
the state treasurer.
LAND J BOARD. The state land
board heldits regular monthly meeting
at? the capitol yesterday, at t which a
large amount' of routine business was
transacted. The board examined and
approved applications for loansggre
gating $15,150, and rejected one re
quest for $500. ,
1
STILL UNHAPPY.
Reporter. .McMinnville:
- People whose homes are in this fav
ored section have been plucking Sow
ers from their gardens all winter, and
have been lulled to sleep by the melli
fluous voice of tne frog. Still we are
unhappy from the painful apprehension
that a frost will injure the fruit
Twice-arweek Statesman. $1 rear.
-3 " , : ... . I
AN UNPAID ! NOTE
ATTKAI. CASK rtOH MCtTXOHAU
COTJmr ASCCED TKSTXKOAT.
Tsvs! Kaat-Psrf
of m
ant a
Defeaso to ths ObUgatloa A
' Partial Argument.
Tn th cimreme court Yesterday, the
case of T. T. Bdrkhart, appellant, vs.
t f" ll,rt rcrwntnt. !w armed
and submitted. The case ts an appeal
from Judge Alfred f. 2ears oepanment
of the state circuit court for Multno
mah county. It was presented by fc.
n CMkmnirand W. A. Munlev for the
appellant, and Lydell Baker lor the re
spondent A brief statement of the
case follows: . ' - , . .
The. cause of action set out m tne
complaint is an ordinary faction, upon
a 'promissory note wun an auegaiwu
nt fmm the I fllTM. The
Title Guarantee & Trust Co. to r plain-
Uff. Ihere was aiso an aucB"
and prayer for reasonable attorneys
fee. Defendant in his answer admitted
the execution of the note; bat alleged
failure of consideration m jnai mc note
was but one of the covenants of an
aenecment entered into Detween ae-
fendant and the Title Guarantee &
Trust Co.. whereby said company
agreed within a reasonal4e '
in front of defend-
ant's premises to be dedicated ;
DUDiic street, mai iu ..v,-
1.- .:. in width, that the dedica-
tioh was a condition precedent to the
payment of the note, and that the
company had failed to perform tins, its
part of the agreement. ng
the bringing of this su?t-deflendant
had rescinded the contract. P'fnt"
in his reply alleged the fact to-be that
nmnanw was ntilv to. dedicate " such
portion of the proposed street as be-
rongea to 11; tnai v , "V"
was situated upon the- gjrade' of the
cir snt that the note was civen as
a consideration for the dedication last
mentioned, but principally tor tne re
moval by the company of the bank
ant for the crfadine 01 inevstreci;, mai
in reality the payment of the (note
was a condition precedent to the' ded
ication, removal and grading; but. not
itfsnillnff th! the comoanv in fact
had removed the earth, had graded and
dedicated the street and pcriormca an
the covenants existing on its part, prior
tsi h Komnninit nl this SUlt
Plaintiff proved the execution of the
note, the assignment to himself and
the reasonableness 01 tne attorney s
f. m A rztA Drfenrlant took the
stand, and after the fact of the agree
ment; between the parties had been
brought out was asked what the con
sideration of the note was. To which
defendant objected on the ground
that the covenants were independent
nninif . and failure of the company
to perform was no defense, which ob
jection was overruled. ueienoani s
U,nr thrn went tn nrove his theory
th that the romoanv was to
dedicate the street to a width of sixty
feet; that, in contemplation ot the par-
tics,, reasonable time meant as soon as
th niwn rnuld be made out: that in
reality it had not been done, but that
a strip one foot m widtn running in
front of defendant s premises naa ncen (
reserved from the company's dedica-i
tion. During defendant s examination
plaintiff objected to all evidence fend
ing to show failure of consideration, 1
fr lhar dedication wara condition pre
cedent to the payment of the note, up
on the ground that the covenants were
indcpcnderft promises and failure ot
the company to perform was no de
fense. Defendant also testified over
the . objection of plaintiff what the
terms "reasonable time" and also
"wirtn" seH in the agreement meant
to the parties to the contract . In re
buttal Mr. Ross, secretary and. man
ager of the company, took the stand,
and "gave testimony tending to show
that the said company agreed only to
dedicate that part of said street belong
ing to it, and that the principal con
sideration expressed in the memoran
dum of agreement under the term
widen was the' grading which had been
performed long before the commence
ment of this actiori7-and. to contradict
the evidence of the defendant as to
what constituted the agreement for
which said sole was given and as to
when the agreement was to be per
formed, and tending to show that the
said Title Guarantee &. Trust Co., be
fore the commencement "Sf this faction
had fully complied with the agreement
so made upon its part" Four theories
were thus contended for on the trial.
One by the defendant that he should
nint n th snti Vir-a m cA fh rnmnin
.had faile.d ot dedicate; and three by
the ntte kwiuv navmmti was a -ren
dition precedent to dedication; defend-
. . a a a -
ant snouid pay because tne company
had dedicated, had remold the b?nk
tt rf h srt4 iji r4rrmnm. 1 1 f tva " aswsi
Vi vai tu anas ivri mivv aa wiv IV a- s
of agreement existing on its part, and
tne panics stand on two i independent
. s . . t . t a
cuniracw, ana consequently tne qe-
fsinlanl1 rsssn1fl nav'ttisi nz-kr Bni1 fast
awasw avaavuaa, awi J aa uviV ' asa srv V V
his remedy against the company for
. e a s '.a
aiiure to pertorm, 11 sucn oe trie lact
At the trial, after the 'parties had
rested, plaintiff moved the court for
leave to amend his pleadings, to con-
rifrvild K tf-nlinrr ' flsraaw-
aa a-w a-aa'w va j j irtnia iivill
the reply a number of allegations of
the defense. ;; "" " .;.-.
The court instructed thejijury to thej
effect that non-performance on the part;
of appellant or the- company was a
good defense to the note, tp. which in-j
iiiuuiuii i('vii4iii. ext-cpiicu. 11c V
overruling the objections to any evi
dice tending to show non-performf'
ance on me .pan op said company; mat
the court erred in overruling the ob
jection to parol evidence: tending to
vary and contradict the writings; that
the court erred In denying aTppelJantli
motion to amend his reply to conform
to the proofs; and that the court erred
is instmcting the jury to the effect
that non-performance was 'a defense tb
the note. .' f i -
I The case of W. C. Stites. ct aL, ap.
nrllant rft f,m, H ' : tlir!.A - f-
respondents, an appeal from Josephirte
rnftfttv av4 SI armii4 kar i riaAeM W
" weaa -M St, , VI V a
Colvig and . Judge David ; Brower for
appellant judge j. K. reaL tor re
spondent, to be heard later.
1 I 3
fl LA17 TO TAX CAPITAL OaLY
HEW YOBk PBOPOSES TO EXEMPT
ILEAL PEOPEETY.
8lockt of Binki &nd Trnst Comptn-
let And Uortffasrei to Sustain
7
State GoTerhment,
(NJ. Y. Herald. 16th.) V
Alhanv N Y Monday. Senator
Stranahan, jchairman of the Joint Leg
iiifiv mmmiitM - on taxation. -intro
duced tonight the bilL prepared in ac
cordance .with the report oJL the com-
a s . . J : .
mittee. outlined last wcck, proviumgx
for raising all direct state taxes by tlvjn
assessment sof the stock ot bank, andy
trust companies and of mortgages, and '
relieving real estate ot state taxation.
The bill ! bears out in every respect
th- forecast made exclusively in the
Herald, even to tne aate 01 us imrouuc
tion. and is one dfMhe mostdrastic ev
er framed. .
l nrr.vid bv the hill that moneyed -
capital in the hands of individual citi
zens shall be taxed by tne local auuior-u-hn
thev reside at the rate of '
aim nr rrnt and no more, and no de
duction shall be allowed for debts.
For the use of the state an annual tax
of one per cent shall be collected on
the capital ktock of all banks, banking
associations' and trust companies "au
thorized ta do ousincss in tins siaic
and incorporated under itslaws or un
der the lawjs of the United States." The
state board1 of tax commissioners shall
determine the actual value of the stock
Krtf Xl.lnihv in Tulv of CaCIl
year by adding together -the -capital.
surplus arm untiiviucu inum
ducting thje assessed value of the real
estate. No deduction shall be made for
any indebtedness of shareholders. The
state boara 01 tax coninnssiuiivis .
have powtr to make 'all; necessary in
quiries. I 1 ' .
Every bank or trust company -must
collect arid pay the amount of taxes
. ' . I . -t c.:i... I n An n will .
due on us siock. -nuiv .....
make the! bank or trust company liable
for the entire tax, and for a penalty of
$100 for (each day of delay. They and
.1.. J.. nf ti,ir stork are -exempt
from locil taxes upon the stock taxed
by the state. , , ...
All mdrtgages, except those held by
the commissioners of the United Mates
deposit fund, shall be subject to a tax
of five mills on each dollar of their
principalis it stands on the first Mon
day in July of each year. ?
. Mortgages made " before June 5,
igoo. which have not been recorded be
fore the firV Monday in July in. the
county where the mortgaged property
is situated, shall be taxed at the rate of
five cents a year on each dollar of prin
cipal. lAny person giving information .
leading; to the recovery of this special
tax'shU be entitled to one-half its
amount. No recording ofTtccr shall re
cord siich a mortgage until the tax has
been paid, and all such mortgages shall
be void until the have been recorded.
Regular annual taxes on mortgages
are payable to the county treasurer of
the county in which the mortgage is
recorded or to the city chamberlain in
New York city. They shall receive a
fee of! one-fifth of one per cent of the
amount collected. -
-RecWding officers shall receive a
fee of one-half of one per cent up to
$S.ood a year. Deductions of two per
cent, will be made on mortgage taxes
paid 'before September 20: of one and
one-half per cent if paid before Octo
ber 10th; of one per cent, if paid before
October ttst and 01 one-nan 01
per cent 11 iaiu ucnm , v .
Taxes not paid by December 15th shall
bean interest at tne rate 01 10 per wcm.
Recording officers, on-the first Mon
day! in September. -shall compute the
tax on an morigaRcs men. wmv-
it appeared on the first Monday in
t..ii. 1 ru iti t: with the state
bortrd of tax commissioners, which (has
gcrieral supervision over itnc eniorcei
mcht of the law. ,
Dtinliratcs shall be filed in each coun
ty las public records. Recording offic
ers must estimate the tax on the maxi
mum value of the mortgage unless its
the first 'Monday in
Jtwy a'nd August 15th, presents state
ments showing mat tne maximum
amount of rlie ihdebtedness did not ex
:.i . tm firt ManHs in lulv. The
tax will then be levied em the actual
debt . ... -... ..
i Appeal may be made irom tne aecis
sn of rirordinr officers to the state
pcllant deposits the amount of the tax
asses sea, wnicn snan uc i(T'rcu K"
no.rmont ! a n v rli-iliirt ion crranted.
The board must sit in Albany on the
second Wednesday in ueccmucr 01
each year to hear appeals.
In case mortgage taxes are nv !'
in March the mort
gage shall be deemed delinquent and
I;. !.!. Mntuatiralinn and sale.
. KI. r.rnrilitltT nf(-T shall aCrCtlt lOT
Irecord any assignment orj release ol a
mortgage, nor snan any court octree
regarding anv mortgage be entered un
til the taxes have been paid. - .
No court or judge shall 'interfere, by
injunction or otherwise, with the exe
cution of-the law, and no review by
the courts is allowed, except for juris
dictional defects, j .
' All the functions of thei state board
of equalization are' superseded. The
act takes effect immediately, except a
to assessments and taxes completed and
levied, and as to such matters it will
take effect on June 15. W- '- '
AMASSING WE ALT If. '. ,
Corvallis Times: I
Recorder Gellatly arrived Thijrsday
from Sumpter. . He has lost? none ot his
confidence in that section.! The 40
acre tract Mr; Gellatly recently bought
cost him $2,000. A tract of the same
size, not so good as Mr. Gcllatlv's. soli
the other day for $.t.ooo. j A Salemite
who went to Sumpter last July with
t, ev nnA c11 nut his. Interest now
for $iVjoo. His rental income is $500
per month. I
I Dr. J. Ditfon Plamondon. who has
been visitinaf relatives in this city, left
yesterday afternoon for his post of duty
at Huntington, where he is physician
for the O. R- & N. Company.
' - Twice-a-wcek Statesman, 4 $ t a year.
I
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