T'Or.rrco:: STATrsiiAJr. txtesdat. july iz, mz.
THREE CT1I
ARE DECIDED
Opinions HantJ Dovn by the
Supren:2 Ccurt Yes-.
r ; . terday .
, . , y..
THE 1 SOUTHERN' PACIFIC COM
PANY secure a niici.sio IN
THE GLENPALK HOTEL CASK -.
! THE NORLITT-DUUniN' CASK DE--CIDED
IM PAVOft OP THE RE
SPONDENT ORDERS MADE,
In the Supreme Court, yesterday,
tare icpiniorm were handed -dwn in.
raw heretofore heard on ippenl ' They
are; , - -:.y .; jrfi. ?
Maurice AhrabanvadmliUstrater
of the estate of , Sol Abraham. ap :
'. pellant, vs. Oregon1 California :
Railroad Company and Catherine
Clarke, respondents: - appeal - from
Iiouglas county? Hon. J. W Ham- :
1 IKon, Judge; affirmed. Opinion by
Associate Justice R. S. Peart.
This was a ' suit to enjoin the de
fendants from operating;. r'permltting
to be operated, a hotel-or eating house
on land conveyed to the deeudant
company y the plaintiff and bis gran-.
tors.: for all, legitimate railroad, depot
and warehouse purposes, on the ground:
that It Is maintained for the accom
modation of the; general public' and Is
not necessary or- convenient for the
operation of the railroads. The court
says:; "Our -conclusion from the evi
dence is that the hotel or eating house
maintained by the defendants, or under
their ' sOpervitlon. - la convenient : and
proper as an Incident "to th manage
men t and operation of the railroad,
and' it , is therefore a legitimate raiM
road purpose, within, the meaning o
the head from the", plaintiff to .the de4
fendanl. .: The decree of the court be
low wilf, therefore, be afnirmed.
. Mrs. L. R. Noblltt and C F.
Zltfler, respondenta, -vs. J. W.
Durbin. ' appellant; appeal' from.5 ;
ifartori county, lion. Geo. II. -Bur-r
nett. Ju i?3; affiirreed; : Opinion (
by Associate Justice It. S Bean. ,.,
This m litn was brought to recover
possession of personal property, ' at-!
ilrticl by the Sheriff as the' property
if L. Ii. Nablitt. tutv claimed, by his ,
wife. The trial irt foonJ thej.
property belonged to th nite, and
appeal was taken. - Textlrjnhy. leading-to
ftliQHth-jt he; husband luid of-;
fercd to pay some of hi debts W ith the'
property in question was ruled out. -j
The-appellate court holds that the les- J
irnony In question did not ctiaflict j
with that of Mrs. Ncbfitt. The In-:
rtructions requested and not given, the, .
c-ourl hoi is were In part. and. suSUiO'nt-. j.
ly given in the general charge; The
court.' therefore, 'afnlrmed "the - juds-l
nicnt of the lower court, y t ;
JiMbth Ilobson. appellant, vs. j
J u.i a te-4Lua 11 ten, et. at, respond
ed s; Vppal from Linn county. .
Hon.JX. .-P. olse, judge; reversed
and remanded. Opinion by Chief
. Justice P. A. Moore. "'"'.
This was a suit to t aside a deed
to real property anl subject the prem
i.e to'the satisfaction -of a judgment,
Jour" notes for. J 300 each were given
by the defendant In 1894. due lt one.
two, three, and four years. ' Tbe firs-t
was paid, but the remainder remained
;npald, and plaintiff began. action and
uiiacpM me una. - At tne trial plain
tiff secured Jutlgment, on October 23.
1999. Jjefendaht on October 1, 1896.
had transferred th land ta her mother.
without consideration, and ihe com
plaint states, it. was done for the pur
pose of delaying here creditors. At
the trial the court dismissed the action
after the plaintiffs testimony was in,
much of which was excluded. The
'court holds that certain evidence ex
; eluded should have been admitted, and
1 that the defense shauld have submitted
Iks testimony. ' . .;
tThe case 'of John, W;' Gardner, re
spondent, vs. D. C' McWilllams, ap
pellant; an appeal-from Douglas coun
ty: argued and submitted by Dexter
Ric4 Tor respondent, and John T. Long
for appellant, " : J
Minor orders were also made by the
court as follow: , .
Ellis G. K Hughes, appellant, vs.
Charles E.- Iadu, et. al respondents:
oraerea on motron tnatappeiiam s time
to , file a petition for-rehearing be ex
ted ned thirty days. ,
J, Thorburn Rosa, Trustee, , appel
lant, v$. City.of rortland, respondent;
ordered on stipulation -that the hearing
of this cause be postponed until after
October 1st, - .: - '
Laura Deane Cox. miner, respondent,
vs. Royal'Tribe of Joseph,, apptllant:
ordered on stipulation that appellant's
time o serve and file Its brief be ex
tended to September 15th. - :
Oievia E. , Kitchen, nrpondeBt, vs.
W. H. Hoiraes. appellant, ordered on
motion of appellant that ; the derlt of
the court below be requested o send
tip certified copy of the bill of excep
tions, omittal from the transcript.
." V. S. Mortgage & Trust Company,
respondent, vs. P. L.. Willis. apiellant;
ordered oar petKion for rehearing that
neither party be allowed xrts la this
court opon the appeal. . " j1
"'.V.A. Coughanour appellant. . vs.
James Welch et. al, respondents; or
dered . that motion of W. A. Cough
andur. appellart. to modify decree as
to. terts be overruled. , -
' State, of Oregon, g respondent, vs.
John Hall, appellant; ordered on mo
tiori of apelant that time for petition
for rehearing be extended to July 31st,
ONE JUROR HTTLD OUT. ..
CHICAGO July 21 .r-Aftr a wrangle
with an obstinate juror, which lasted
24 hours and became so heated ' at
times that fists were shaken in the
ixrsi stent jnan's face. by his associates
a disagreement has resulted in Judge
Hrentano's court In the case of Maitin
Howe, constable, charged with -the
murder of James p. Ilarty. t Jnror
Charles A. McDonald, who stood out
rerslstenUy against conviction, said
he believed that the constable acted In
self-defense.
THE OREGON1
PRUNE CROP
Henry A. Townsend's Esti
mate cf this Year's.
Output, .
KB TIILNK.S THAT THIS STATE
WILL. PRODUCE LESS THAN SIX
HUNDRED CAR LOADS THE
FRUIT SHOULD BE HELD. FOR
EETTER riUURES
NEW ARM T POSTS.
WASHINGTON, July 21.-T"he Army
Board has alloted funds for ."the new
army poets on the Coast, in addition to
those previously stated, as follows,
Monterey. $125,000; Fort Word en and
Fort -Casey, Wab, , and Fort Rose
crans. San Diego. Calif., J120.000 each.
Presidio, San Francisco,' 75,000; Haines
Mission, Alaska, 1250.000. ; ' - '
. ' : v-. -r
v A PRESBTTERIANOCIETY. t ,'
TACOMA. Wash.. JuTyai-Tralns
have been coming Into Tacoma today,
with offlcers and delegates to; "Our
Yoqng People' Christian Union." of
the United Presbyterian church. Presi
dent Millard McDurdo. of Sparta. UY.,
chairman of the General Committee of
the Young People's Societies, arrived
today, ; .... ;.' .. .
Legal Blanxs, matesman Job Office,
'
Editor Statesman:
For the benefit, of i-rune growers,, nf
whom I -are one. and whose interests
I always serve, without hope of rvward,
I would like to say that alradv ton
eldcrable of the cron of ISC 2 of Oregon
prunes has lx-c:t contracted several
months back at-4' cents .for 40-30s, in
bags. This- means a rica to Eastern
jobbers of 2 1-1 to 2Vj cents bag basis,
30-493 ought to obtain a premium of at
least i, cent or sell for a full cent
more than 40-SOs. Tuesday t was offered
$H cents for 40-SOs in ; bags, a; price
promptly refused,' as have been many
similar offers of business at similar
rates. " -. : . - ;. -a...;
, Prune growers wilt remember ' roy
conservative estimate of the croo of
1901. and that it actually proved less
than my figures., I now append iny
name to the statement that the crop of
1902 will not much exceed 00 cars of
Oregon prunes. Indeed I would not be
surprised to' find warehouse weights
and railroad figures by the first of De
cember to show It to be lesa than this,
but I do not wiili to deceive any con
fiding Easterner who' might over-trust
my estimate. What J have written Is
based upon present known factors to
the problem. - Oregon prunes' of the
crop of 1902 ought to be sold in the East
on at least a basis of 2 1-4 to 24 cents
in bags, with Vi cent premium for 30-
40s. - ; . ( - ,
The unknown factors are the intelli
gence and wisdom of prune growers."
Four years ago-jiie writer outlined a
plan of financial salvation tor prune
growers. . namely the organisation by
themselves, with their own capital, of
packing-plants In all centers producing
suiTHient Jruit io Justify it, and of thir
own selling g?ncli-s, frcft from tax pf
outside middlemen, which should seek,
new markets and avenues of distribu
tion. This is a matter of written his
tory. The limited progress in attaining
res-ilts ft this direction is no evidence
of lack of whoiorn In the plan. It rtill
remains oar only sourve of la-lepend-tnce.
Outside capital cannot come Ig
to hao tl- th rrnu In njwraluuc Rrst
elasa.prlln(r houses aid raf n1 t"y the
price above given. Half a e-u nv.
gjn la the I t Msn Mcuky wor
upon. Prune grov.cis orgarrYistion by
prun growfr?, for tme growers, no
hybrids, is the frank recommendation
of yours' trulyV ' : :; :'
HENRY A. TOWNS END, .
Albany, July It. 1C02. , i "
BASE8AUL GAMES. ; w
Amcrta League.
- ROKTON. Mass.. July 21. Oston.
S; Chicago. 2. : . - yv
Washington, July V 21. Washington.
2: St. Louis. 1. '
RalUmore. ltd.", July 21.-naltlmore.
; Detroit.-1. '
. Philadelphia. Pa.t July 21. I"hila
delphla, 11; Cleveland. 10.
National League. .
St. Louis. -.Mo, July 21. St. Iuls,
2 Cincinnati. .'':.'
- New lYork, July 2!. Philadelphia.
r Brcoklyn. .10 ' J
TO HELP THE IRISH.
LONDON. July 21. EX-Mayor Phel
an.rof Sen Francisco, has sent to John
Redmond, chairman of the Irish Par
liamentary Party. SCeo as a contribu
tion to the Nationalist fund, accom
panied by letter, saying, he is con
vinced the evictions on the DeFreyne
estates were designed to cursh the par
ty and destroy the hope of the Irish
people.
A TRANSPORT 8AILH.
. WASHINGTON, July 2L-Th War
Ieprtment has been advlseil of the
sailing of the - iranport. Crwk, from
Manila, ' July .:l$th' with 3S5 enlisted
Bowitbs
Tilt IH td frn ilnn teng
thouliers, fee I'- ' r
Cmokcd Hfirrtr.j, per t : :
' Deviled Hum (small) fitr cv r-
Deviled Ham (mlt) ien,
: . Deviled Mam (largt) pr can, 1
DeviUcf Mam OrgO 3 ein, Zc. ,
, Sardines, per box, Sci
' $ardins, 6 cans. ZSe
Salmon, 3 cans, Z.
y. .Catsup, per pt battU,
Catsup, 2 bottles, JT-c'
Geo Soda (15 pkg.) c
CoeJ Soda (16 ex. pV a-) 6 'kC
Corn Stseh, per pfcg-, S.
Washing Powder, per pk a-. S
faring us ?xiu butter and ess. We
pay highest market i rice, eash or mer
M TRINEMAN
122 Slate Street.
Ttleohone 13
liclf-tbncs and
Zincofjrapho j
The Dest Nothlnrf Elee ,
Yoscmlte Cnqraving Co
t ' CtKe mnm
"Printing Plate
Be MotMrr ".. 5. r
I !) path a va .
)
I GARMENT MAKERS STRIKE.
NEW YORK, July 21. Twenty-Bve
thousand garment workers who struck
ytntrrday fr higher wage and short-
er hours, were joined today by about
13,000, others who ask that -fifty-six
hours be considered a week's work. As
tjhi is the dull season In trade, it Is ex
pWted there wiU b some days before
Oio various interests get j togelhor.
NTne different union are engaged In
the strike. ''. r" ' - .
Legal rtlanks, State.man Job Ofrli e.
3t
HARVEST !S MOW HERE
xVE ARE HEADQUARTERS FOR BINDING TWINE
5 ft., 6 ft and 7 ft sizes.
AN IMPROVEMENT..
VA ' '
ELEVATORS
I Kvlr Blnco twliMr-Wntllnje harvesters have been in use, scrioi
- - - - ... . .A A f Jt t..n
'vpt ine 4wlnihin:llnr h&rveters have reen in use. scnous ueiecis uivewtu npi arcu., m iuo bwt.w,.
ml tunny tfC.rts hnvo been made to overcome these defects, softie going so fax as to omit the elevator altogetberf
and mike what was termetl a "low down?' binder, but until this invention of the force feed eieyafr of the Cham
pion ,I(,no of the cnVrU toward improvement were successful. The Champion force feed elevator is the only
departure from the oltfstyte which has proven practical and valuable. On all binder, except the Champion the
old type of elevator I still used. The force feed elevator is not an entirely new method of elevating gTain, but an
old method improved. The Improvement is in changiug the direction of the stream of grain as it leavethe ele
vator and continuing to force it along gently without topping unUl it reaches the packers.
j Ti ll: FORCE JftSfSD. ELKVATOK, which prevents choking and low of grain. ;
! TUB KCCKNTUIC WHEKI which glv Increased power for binding aud relieve the machine and
horses frotn strain touring thin operation. ' ; . " - .
: THE rtEIJEF ItAKE, which keeps the inner end of Uie culler bar clear of weeds and undergrowth in all
condition. - ? " - ' . '' j "
' Thew ijivcntioin are found only on the Champion binder. . In all other featurca the Champion is at least
an ivclt adaj.ted for all kinds of work as other binders. In taany other features besides those of aupreme import
iiuce.above mentioned; it Is superior to all others. - : . a ; .
i - We lack the rotmi in thin nil to bay all' that we would like to for Champion Binder. There ia to much that
r-iiV 1 in fivor vf .-n. h ni.d c v. ry part that we woUld refer you for complete information to the factory cata
w hlcn cat. W luut lor tile ,,king.j Wo simply illustrate here some of the principal features, trusting to the
a ril.kiH.wn keen i-n- Pi v. . f . I American tirmer to ace at a glanoe the ad vantage claimed. . - - :
Champion
Force Feed Elevator...
The bach Is taken off to
show how the elevator worUs
Jr'i" .u-C
l -
Tbe Force Feed Elevators, do not thresh the grain ngaiiit t In? biider cover, nor let it stop at the lop of tho
binder deck, but deliver it positively fo the packer ariuv There In no vhokiiig at the top of the elevator. There
is uo grain lost between the elevators and the binder deck. . j
' Tlie Force Feed Elevator on the Champion Under is warranted to waste h-s grain than the elevator
on any other binder. . . - - - ' ' -. !
Ghampion Kclief Kalie
The iUlief Ilake f l.lie Cliaiiipion-will keep llie JniH r end of cutU'r bar iclt-ar in all
conditions., In clean atandiiig K'iutlM Itclirf link ny.tit te needed, but It Is not in
the way and takes no power to run. In weedy ir Rry grslu, r in bwi and crinkled
grain, it is worth l'Z in a ftinglc fiarvit. . With t he Champion the driver never lias te get
down to pull gtaln from the corner or use a long stick of whip for clearing It, or, a i
often done with other binders, be need never drive nut and hot cut a full swath, bn.-aue
the inside guard fingers are clogged by an accumulation of weed of grain.
'e carry the celebrated $outIiwic Hay Press
;" -5" i'i.'iiin
Have you seen the DHzzard Ensilaos Cutter?
UNG':irj'.YOUR
DID BUGGIES AN
Don't overloo!i us vIien you need a Potato D!r::r
mm. vm m mi to
MM9 lewis 6 Miw Mwi
:-..3 ale n
F. K- Gary, Mzi