Weekly Oregon statesman., February 21, 1905, Page 7, Image 7

T7EZG3.Y O2200tf STATESMAN, TtTE3Ax FEBBTJAET 21. 1903.
City
E
(From Saturday Dally.)
Little Damage Done--
- B, V. Morgan of Lowell Prairie, was
in the city yesterday. He report vir
tually so (lunate done to ; growing
crops ia that district by the recent eold
snap., ' j ; . !. ; .
One Leas Postofflc
The postoffice at Monitor, in tbe
northern portion - of this ' (Marion)
count j, will be disc on tinned after the
. Sth inst. and mail for thia address
"will be taken by R. F. D. No. 2 from
Woodburn.- r
Jjoxding TV W. O. A. Secretaries
Miss Louise MacCbrkle, . Northwest
ern secretary, andrMiss Helen Barnes,
national secretary, of the;. Wi C A-,
expect to be in Salem soon, and may
address the local associations. If so,
notice will be given later.
Schuman Not Insane
W. Schumaa, tbe man picked op. at
the Southern Pacific passenger depot
Thursday afternoon by Officer Lewis,
was yesterday - taken before Connty
judge Scott and examined as to his
mental condition. The examination
was made byDr. P. E. Smith, upon
whose affidavit Schumea was dis
charged, nothing being found to indi
cate that his mind was affected. The
man 's actions at the depot Thursday
created suspicion thai; he was slightly
deranged and as a matter of precau
tion he was taken into custody by the
police. . j- j
Overrules Plaintiff's Motion
City Recorder Moores, as ex-offieio
justice iof the "peace, yesterday over
ruled the motion of the plaintiff for
judgment on the pleadings ia the case
of Bernard Lyman vs. A. C. Hopf, Jr.
Tbe case is an action filed . by Lyman
to recover an amount which he al
leges is due him upon a contract en
tered into with Blopf by which the lat
ter agreed to employ him as waiter in
Strong's restaurant of which Hopf is'
proprfetor, during the session of the
Liegisiaiure. 100 cempiaini siaies jy-
man was discharged before the con
tract was completed and the balance
which he claims, including railroad
fare between La Grande and Salem, is
48. Ed. Horgan is Lyman's attorney.
name! Threaten Barn
Dr. II. C. Epley's barn, located at
140 Marion street, caught fire at 4
o'clock, yesterday afternoon and but
for tbe prompt action of the Salem fire
department a serious conflagration
would have resulted. The fire is sup
posed to have started upon the outside
of the building, but instantly spread
to tbe chaff upon the inside, and for
a time it looked as if not only the barn,
but Dr. Epley's house as well as other
adjoining buildings were threatened.
Tbe origin of the blaze is a mystery.
The only damage done, was to Mr. Ep
ler's buggy, which was in the barn,
and was badly scorched by tbe flames.
Tbe fire was discovered by several lit
tle iris on their way home from school,
who immediately gave the alarm.
(From Sunday 's Daily.)
Been at Stayton.
J. 31. Kakew of this eity his been at
Stayton, working on the bridge there,
anl returned to his home yesterday!
Mr. Eskew reports things in very good
snap in the vicrnity of Htayton.
Pinal Account Approved
Tho final account of Sarah Kennedy
as administratrix of tne estate .f A rah
Kennedy, deceased, was heard by Coun
ty Judge Scott yesterday. The account
was approved and Miss Kennedy dis
charged from the trust end her bonds
men were released from .further liabil
ity. ,
To Sell Real Property
Margaret E. Morris, the administra
trix of the estate of John II. Morris,
deecaed, has petitioned tho county
court for an order authorizing her to
sell certain real property ' belonging to
tbe estate. Tho petition will be heard
by Judge Scott on Saturday, March 2o,
at " o'cloclt v m.
8tUl Undetermined
. Th school board held a meeting last
evening. Nothing was done about the
new High school building. Senator
Croisan was absent. The board will
hold another meeting next Satnrday
evening, when" it is expected it will ar
rive at some definite conclusion as to
what plans it will adopt for the new
High school. '
Invitations Out ;
InvitationsVare out for the wedding
of Miss Hazel Bickers to Joseph A.
Owenhouse, at Pendleton, on March 1.
Tho bride to be is a daughter of 11. K.
Birkers, formerly superintendent of the
Oregon State Bef orm School, and who
is now m the hotel business at Pen
dleton. Miss Bickers has a large
circle of friends in and about. Salem
About $50,000 Collected
Lp to closing hours last evening
Sheriff ... Culver had collected in the
neighborhood of $50,000 upon the 1904
tax roll. In collecting tais amount,
1167" receipts were issued.. Since tbe
new books were opened the sheriff and
his competent corps of deputies have
had but little time for .recraation,'
anJt not only have all mall remittances
been receipted for, but tho cash regis
ter as well is wntten up to date.
No Clew to Thief-
There were no new developments in
the Y. M. CV A. burglary case j-ester-day.
Nothing was left by the sneak
thtef that might furnish a clew to his
iuuty and ras co suspicious charac
ters were seen around the building
prior to the theft the officers are left
absolutely in the dark as to eves a
probable" guilty party. Tbe party or
parties who committed the deed, were
thoroughly familiar with .the associa
tion rooms and knew' that "Assistant
Secretary Muller kept a small amount
of change in a certain drawer of his
writing desk, - as it is evident : they
came prepared to open the drawer with
ak augur, no such tool being kept
aroanr tbe Y..M.: C. A.- rooms.
LAND SCRL? POR SALE.
I'nrestrietcd forest reserve aerip for
sale at lowest market prices. 21 scrip
aecuros "utl to timbered, . farming:,
Sin ;or desert, land, ia any quantity,
without residence or improvement." Ad
dres H. M Hamiltcn, The Fortland,
"onlaad, Oregon.
I H
GOOD MAN GONE
' '
MABTET TBXODOBE EXNE2IAN
PASSES AWAY AFTEB BEXEP
BUT SEVERE ILLNESS.
Was One of Salem's Most Substantial,
1 ProgresslTe and Inflnentlal ClUrens
; Born ia Ohio Forty-Eight Tears Ago
Came to .ialem in 1887.
In the death of Martin Theodore
Bineman, which occurred at bis home,
on Church street, in this city at 10:30
o'clock Knndftr mnrniatf Klm
tost one of her most substantial, enter -
prising and foremost business factors,
while bis bereaved family suffers the
iv vi iv nnrai sibu auu loving JJUSCaDd, w ws ouair niiu me
and an effeetionate and indulgent f ath- j recommendation of tbe special com
er.' Mr. Bineman has been a loner but'mitte consisting- of the Marion county
patient sunerer or Uright's . disease,
and hi death, thouzb somewhat sad
and sudden, comes as a relief to a long
siego of deep-seated and agonizing pain
from which there was no earthly eure.
' Deceased was born in Fostoria, Ohio,
In 1857. At the age of 10 years ne
went to Procton, Ohio, and entered up
on the business career which he has
followed up all his life. In 1880 he
was married to Miss .Carrie Rakestraw,;
at Hieksville, and nine years later went
to Wisconsin, thence to Cegon, eom -
ing direct to Salem, and established
almseif in the grocery, business on
State street, where he has been located
Continuously since. Through a sys
tem of strict integrity, business saga
city and enterprise, coupled with econ
omy and publie-spiritedness, he suc
ceeded in building up one of the best
trades in the mercantile braneh of the
city's bnsiness realm which he enjoyed
up to the hour of his illness and death.
: Mr. Bineman was strictly honest in
all of his dealings, sober and religious
and enjoyed the friendship and esteem
of all who had the pleasure to know
jbim, and his seope of acquaintanceship
w"'v 7 "mneu..
P"11? of the entire municipality goes
was by no means limited. Jhe sym
out to Mrs. Bineman and the cnildren
of the deceased in their hour of deep
bc-teavenient.
Besides his bereaved widow he leaves
fonr children to mourn his death: Mrs.
L. E. Hooker, of Denver, Colorado;
Chester ! W., Frank S., and Miss Grace,
all of jtbis city, "and two sisters land
one step-brother, who reside in Ohio.
.The funeral services, which will be
held at the home at 2:30 o'clock this
afternoon, will be conducted by Bev.
W. C. Kantner, of the First Congrega
tional church, and interment will be
had in City iVew cemetery. During the
funeral all the grocery stores in the
city will close their doors as a mark
of respect for Mr. Kineman.
Grave Trouble roreseen
It needs but . little foresight to tell
that when your stomach and liver are
badly affected grave trouble is ahead,
unless you take the proper medicine
for your disease, as Mrs. John A.
Young, of Clay, J. Y., did. She saya.
" I had neuralgia of the liver and stom
ach, my heart was weakened, and I
could not eat, I was very bad for a
long time, but in Electric Bitters I
found just what I needed, for thej
quickly relieved and cured me." Best
medicine for weak women. Sold under
guarantee by Dan. J. Fry, druggist, 50
cents a bottle.
(From Tuesday 's Daily.)
Brown Estate Settled
County Judge Scott yesterday ap
proved the final account of Frank M.
Brown, filed as administrator of the es
tate ef Jarae.i Brown, deceased. Tie
administrator was discharged and his
bondsmen released from further lia
bility. !
To Sell Minors' Property
May Hicks, the guardian of the per
sons and estates of Estella, Ellsworth
and Eugene C Riches, minor children,
yesterday potitionetl -the- county court
for an order authorizing her to sell the
one seven to interest of the wards in
certain real property. The petition will
be heard on Temruary 27, at 2 o'clock
p. m.
Judge Galloway Holds Session '
I Cireuit Judge (Galloway was in ses
sion j'esteruay and heard testimony-in
a suit to reform deeds in which E. B.
Smita appear as plaintiff and D. W.
Smith ct al. as defendants.. The testi
mony had not been completed last even
ing. Richardson & Richardson appear
a attorneys for the plaintiff and Kai
ser St Slater and Geo. G. Bingham for
the defendants.
Appoints Guardian -
t I inl rr 4rntt tit finer in nrahatfl. VOS-
ten tar made an order appointing Chas.
L." Ogle, ot Woortburn, guardian 01 the
person and estate of Herman A'an Du-
sen, who was recently adjudged insane9
and comnfilted to the asylum, van
Dusen's estate 1$ valued at $400 and
by ' order o the court the newly ap
pointed guaruin furnished a bond in
the Rum of ?800 which wa tapproved
by the judge. James Forbes Jaeob
Ogle and Amos Beach were appointed
to appraise the property.
Crops Look Pine
"! J. M. Brown -of Silverton, Or., is In
the -city, j Mr. Brown owns part of the
land lying sopth of the city on which
the slate is considering tue location of
fhe'slate deaf mute school under the
law recently adopted by the state legis
lature. Mr. Brown says ho has inquired
a good ileal concerning the result of
the late freeze and whether it had been
instrumental in damaging tie growing
grain to sayi remarkalble extent, re-i-orted
that V far as ho could' learn
(here was no noticeable damage done
loerrfvr. Mr. Brown said that the grain
alone too road as be came in yesterday
" . . . . -. 1
lookeJ exceedingly gov't aaa promising,
4 r
LN TEN BOUNDS.
? INDIANAPOLIS. Feb. 20. Harry
Forbes, of Chicago, waa given the de
cision over Taddy Nee, of rittsburg,
at tbe end of ten rounds.
CASTOR I A
Tor Infanta &sd CMIdren.
Th3 Ki:i Yea II2T3 tesjs E::jtf
; Bears Vx9
tignatoro of
IT L IS NO FAIR
j ( .
AN INCREASED APPRO PBIATION
HAS ITS EPPECT AND
WINS
OVER Trm
Business Men of Salem Take Hand in
Matter and ' Send Petition Against
Pair for Thia Tear' and Newell's Bill
Passes, Abolishing II
(From Saturday 's Daily.)
After two weeks Of the frreatest un
certainty on the part of toe Marion
I county delegation, it was concluded
1 es,tenlaT morning to abolish ihe State
raIr at" Salem for the year 1905. As -a
reH this decision the N'ewall bill
! aeiegauon rn tnat oraneii of tao Legis-
lature. The bill was amended, however.
to provide for an additional $5,000 to
be added to the $10,000 as contained
In the bill originally. This amount
Will be used for the improvement of the
grounds.
Salem and Marion connty people
from the start ' have been reluctant to
allow tne abolishment of the 'State
Fair for 'ibis year and it is very prob-
j able that the bill would not have Wn
paB8ed had not the betterment fund
been raised from 10,000 to $15,000.
The Marion county delegation in the
House with the exception of Repre
sentative Settlemier, opposed the r t fig
ure, but was unable to stem the tide
in its favor which had been augmented
by the Multnomah contingent. When
the bill reached the Senate, the mem
bers of the Marion county delegation
in that body succeeded hi haviug. the
measure referred to" them. They were
given 'to understand also that whatever
decision they arrived at would be sus
tained. ',
Then the trouble began. Stockmen
from all over the state protested
against the bill, as they said they were
very anxious for the fair to be held
and were preparing for the biggest ex
hibit in their line ever entered. OcLers
who were counting on holding exhibits
entered vigorous -protests and the con
stituents of the Marion county Sen
ators also ', brought their influence to
bear. These gentlemen were placed in
a peculiar predicament. ' -
; They were desirous 01 arriving a'c a
PORTLAND
Some of the, Reliable Men and Concerns of
CLEANING AND DYEING.
If yon navs clothes to rlean and press,
- The Fashion Tailors are the best.
' Dyeing, steam ; cleaning and rep air -;
lng. Satisfaction guaranteed. 433
Washington St., between lltn and
i 12th-, Portland, Oregon.
ELLCTRIO AND OAS SUPPLIES.
Private Telephone Lines axe being in-
stalled by all . progressive farmers.
The cost Is small In comparison with
tbe benfits derived. Get our estimates.
Western Electric Works, No. 61 Sixth
Street, Portland, Oregon.
PHOTOGRAPHIC SUPPLIES.
Blnmauer Prank . Drug Co Portland,
Oregon, is : headquarters . for Photo
graphic Supplies, Century, Premo, Po
co, Blair and Eastman Cameras. Ev
ery requisite for toe Professional and
Amateur Photographer. Write for
complete catalogue.
conclusions whieh would be of great
est lenefit to this section and willing
10 abide by the wishes of the majority
of the people who bad elected then to
office. .
The business men of SalMn, alter
deep consideration of tho course wbich
would be tbe most beneficial, at last
came to Vneir bid by presenting a peti
tion signed by nearly sixty of t!ie most
prominent men of thi city asking that
the Newell bill be passed. The delega
tion then decided, to present the bill as
amended, with their rccominemUt'on of
an additional $5,000. This -viditicnal
$5,000 acted as a compromise, as the
abolition of the State Fair n it new
stands will meet fwit-h very httlj con
demnation. ,
Tae bill to abolish the Wtate Fair
was nrst lniroauced Deioro ine iu use
by Representative Settlomi jr, of Mar
ion county. The bill was reterred to
the committee on eount'es and received
a favorable report. On the niorniag of
the day it was to come up for final
passage Mr. Settlemier withdrew the
bill, upon "ibe urgent request cf iis
constituents. In the afternoon the bill
waa iutrodncod by Representative
Newell. This movcT was simp'y the
shifting of the responsibility fion vr.e
Represent ati re 'to nnthr Tho held no
obligations to this county.
Mr. Settlemier at the ime . made the
statement that las was compelled to
wibdraw the bill, as the majority of his
supporters were ngninsr ic. lie went
on further to stitp that he wa ftill of
the -opinion that; tho holding of tbe
State Fair at Salem for tthis ywr was
impracticable. lie said he dia not de
sire to oppose the wishes of tue people
of Salem, but nevertheless believed tha
fair, if held, would not be as snc;es-
ful as in former years. aen tne
Newell bill came up for passage he was
excused from voting.
t 1
There wis considerable taBs" and an
attempt made to I secure aa extra ap
propriation of $10,000. to b- used as a
betterment food for the improvement
of the. grounds. besi ies t he t e nn-il a p
propriation for prctni-ma.; This move
ment was short-lived, as it met the wi
red and powerful opposition -f the
Multnomah delegation. . Te Portlan l
membera realized the grounds were in
gr-at need of repairs, and believed by
defeating any proposition for. anxtra
appropriation, could pi event the hold
ing of thelfair for tbiy veari They
knew that Salem at slowdown would
not insist upon the fair when it reeaut
the indefinite postponement of the
greatly needed improvements. They
are satisfied with the resold not with
standing it cost the state in extra
$7,000.
Tho following are the Salem business
men who' signed' the petition to abol-
sV the State , Fair at Salem ifor 1903
provided the annual premium appropri
ation ce ui verted into an improvement
rund; . - '
John Miato, WeUer Broa Huron k.
Hamilton, Thomas Borrows, J. C.
Thompson, E. P. MeCornack, Homer H.
Smith, J. A. Richardson, P. H. Bav-
mond, John Moir. D. W. Craig, n. B.
Hyde, Geo. I Rose, W.- C. Tillson,
John C. Bar r, Herman W. BarT, C.; L.
Tmxt, Irvin & Fettys. . J. H. Albert,
Chas.-. B. Moores, E ' C. Cross, ; F. O.
Hasa, Wm. Brown & Co.. Werner Brey
main, r Harritt & Lawrence," Capital
Commission' Co., Salem Flouring Mills
Col P. B. Wallace. J. T. Freeland.
Eteiner Market, Capital Drug Co, Z.
J. Biggs, Joa. Meyers L Sons, O. F.
Bodgers St Co.. M. Bredemeir, 0, 1 W.
Puinam, W. it Burg'a'lt Frank C.
Ferguson, Manning & Ferguson, F. A.
Wiggins, F. W. Spencer, Bv M. Wade
XCo.,' Oeo. J. Pearce, The House Fur
nishing Co., W. H. Byrd, H. S. Uile &
Cbl J. X. Baker, M. E. Smith (Sublim
ity), Steusloff Bros.
DALLAS WINS.
"S aLSSSi1 T
Tn ttio moat t Pliinir rn m A nf Vt&cVt '
bal played in Salem this season the! oeptemoer 1; 1904, Judge Oallo-
seebnd team of Dallas College defeated wa? Cnted a temporary injunction re
theT Salem High school bv the close tralnllH' defendant from otherwise
score of 18 to 5. At the close of the disposing of the hops. By the decree
second half the score stood 15 to 15 and ' rendered yesterday the injunction is
according to rule plav was continued permanent and the hops are given
until one team or the other. scored two r- into the possession of the plaintius.
pornts. Dallas soon got one on a f oul
and after about ten minutes of hard
play, managed to scratch in anothef
goal from the fiei.
The boys from "over the nills"" were
much larger and more experienced than
the High school boys, but nevertheless
tbe home team put up a good stiff game
and scored as often as their opponents
up to the end of the last half.
The star player of the evening was
undoubtedly Frnk Lhodee, who suc
ceeded in scoring eleven points out of
the fifteen, and holding his man, Arnold
down for none. The rest of the High
school boys played winning ball and de
serve great credit for their effective
work in the face of Bueh' odds, the
guards especially jdoing well. For Dal
las, iLarner, Craven and Morton scored
the points. '
gUSiNESS
EYE SPECIALIST.
By Specialist
Haa ojMned In Ioit
iand , Oreiron. Be 1 1
tha Sort h meet.- Call
uaa aee alia.
ISO til St.
PLOBIKTS.
Profc.pt attention given to outside or
ders on choice cut flowers and floral
designs. We also carry a Urge as
sortment of rose bushes. Thomas. O.
Bodley, 124feth SW Portland, Or.
PHOTOGRAPHER. "
E. W. Mocre, photographer. We make
a: specialty of enlarging In oil colors,
crayon, or pastel. Our photographic
instruments are th6 latest - and we
hare all the requirements for - first
class work. Seventh and Washington
Sts Portland, Oregon. 1 '
ENDLESS CHAIN
THIS SYSTEM OF BAISESQ MONEY
ADOPTED BY NATIONAL FRA
TERNAL SANITARIUM.
Proceeds to Be Used in Transportation
of Temple of Fraternity, World's
Pair Grounds, to. New Mexico
Temple Is Gft of Association.
ST. LOTjlS. Mo., Feb. 20. An end
less chain, of interest to 8,000,000
members of the fraternal and beneficial
world, having as ita object the ereation
of an emergency fund, was launched
through the mails in this city Satur
day by the National Fraternal Sani
tarium for Consumptives.
frav the expenses of the transferal of
The proceeds are to be used to d;e
World's Fair grounds, to New Mexico,
where the temple is to serve as the
administration building in a mammoth
consumptive colony.
The-temple was recently donated to
the sanitarium by the World's Fair
r rater nai rtuiiumg dissociation, n ue-,
ing the desire of the association to per-
potuate the grand . work accomplished
by tbe alliance of practically every
fraternal and benefieial organization in
tne country, loe iempie 01 xrsicrn
ity, as long as its timbers last; is to
stand as the fruits of the hopes and
efforts of the. various societies to' 'get
together.", !
As-Forest Park, t, Jyouis, must ! re
!lc.0a"iUdiaP' LfaL
tarium will be compelled to take posv
session of the gift at' once From fire'
to ten thouaand dollars will be repaired
im mediately to wreck the
Kiiinr.
ship it to New Mexieo
it. -;
and a-ain erect,
0 j
Mae sanitarium '
It . it ibe norsoH' of
to give open air treatment as well as
meoteal; attention to ue patients, au
of whom will be the guests of their I
respective orders, and under little or
no personal . expense.. A city in itself
will be create! in the nwt desirable
part of. New Mexico, .with countless
acres available for stok- raiviug, etc.
An , opportunity will .be given , to all
those who desire to work, medical ex
perts agreeing that idleness kiUsf inre
eonunrptives in the. Weat-than the af
flic tion which Mat them there. In tbe
center ef tbeettlement or camp will
be the Temple of Fraternity, as a mon
ument to the brotherhood of men.
PLAINTIFFS WIN
JOHN JOH2ff STON MUST PULPTLL
HOP CONTRACT MADE WITH ,
ZJVESLET Ik CO.
Judge Galloway Refuses to Decree Bil
verton Railroad Switcn a Public Nui-
: sance Dissolves Temporary Injunc
tion and Dismisses Casa ' -
(From Saturday's Daily.)
circuit Judge ualloway yesterday
rendered a decision in favor of the
plaintiffs n the case of T. A. Livesley
ofc to. vs. John Johnston Jr., and 01
monds & Son, intervenors, which was
brought to compel the specific perfor
ms nee of a hop contract entered into
between Livesley & Co. and Johnston
during tbe year 1903. . The contract
was for 20,000 pounds of hops for each
of the years 103, 1904, 1905, 1906 and
J907, to bo raised upon the Chape ue
yard near Gervais, of which Johnston
was the lessee, the contract price be
ing 9Va cents per pound. The hops
were to be delivered at Wood burn in
(October of eaeh year, Livesley & Co.
agreeing to pay $z60 on or , about
April; May and June of each year for
ltivatini purpose, and 4 ent.pe,
(pouna zor picxin purposes, aiso fwo
about April 1, 1903 as rent money.
i Ane claim or bimonds & Bon zor a eer
tain amount or money advanced to
Johnston and secured by a mortgage on
the hops subsequent to the date of
Livesley St Co.'s contract is held to be
a secondary lien and they are decreed
all in excess of 20,000 pounds, covered
by Livesley & Co.'s contract of the j
1904 crop, together with the purchase
price of 94 cents 'per pound to be paid
by Livesley St Co., or so much thereof
as is necessary to satisfy .heir claim
under their mortgage.
Carson ft Cannon, the attorneys for
the defendant gave notice of appeal.
Kaiser & Slater appeared in the ease
for the plaintiffs and J. n. andC. L.
McNary for the intervenors.
Dissolves Injunction.
Judge Galloway also dissolved tbe
DIRECTORY
Oregon's Metropolis.
DENTISTS.
Dr. Charles W. Barr, Dentist, 817 The
Dekum, . .Portland, Or. 'Phone Main
1809.
RESTAURANTS.
Melrose Restaurant and Quick Lunch
Room. Surpassing coffee. Neatness
and Dispatch our motto. 270 Alder
street, opposite Hotel Belvedere,
Portland, Oregon.
When ia Portland patronize the Perkins
Restaurant. Our service is second to
none at popular prices. Give us one
trial . and realize how nice we will
treat you. D. M. Watson. Prop.
WEDDING CARDS.
Wedding and visiting cards and mono
gram stationery. W. G. Smith k Co
Washington ; Bldg Portland. Oregon.
Lep-nl Blanks at Statesman Job Office
temporary injunetion granted a short
time ago in the ease of J. Wolfard, ct
al. vs. A. W Fisher, as executor, and
dismissed the ease assessing the costs
to the plaintiffs. This suit was com
menced for the purpose of having the
railroad switch running from the de-
pot to the Fisher flouring miHs in Sil
verton. decreed a public nuisance, the
plaintiffs alleging that the existence of
the switch drives business away from
the business bouse on Water treet, upon
whieh the switch is located; that it m
terferes with travel and renders , tho
same dangerous. Aney iunner uro
that the switch is a private railroad
for the benefit of the Fisher mill com
pany and sot a common carrier for the
use of the public.
In rendering bis decision Judge Gal
lowav said in part:
'The court finds that, ss a matter of
fact, this switch was built under a
grant by the county court of Marion
o-mnty, Water street then, being a pub-
fh highway, and later on, April 12,
fixing J. W. Cochran, who then owned
the mill, to lay down and operate a
railway track from the main line to
the mill along Water street, said fran-
ehise to run ten years, and, prior to
the expiration of said franchise, an or-
dinance-was cuiy passea exienamg me
franchise ten year additional,., and
toat rack is being and. has been
maintained bv authority of the t ity
oV &iveron for more than tea years
preceding this suit. v
'"When a city has given permission
to construct a publie railroad upon -a
public street of that eity, injunction
wm not lie to restrain its construction
'The court fuHher finds that thi
is
13 TV
oihtn tham themill X?7'
bat tn the year 1904 the a 111 ia qnes-
tion has received and shipped out over
this road nearly 3CM tons of. freight.
Hence taking all the testimony into
consideration, and eonsideriag the law
ia the ease, the curt decrees, that the
temporary lnTonerion pe Quwum nu
tbe ease, lisrdssed, and costs -attached
to plaintiff."
L. II. McMahaa appeared as at tor
nry for the plaintiffs and L. J. Adams
and Ceo. G.( Bingham for the defendant.
- hi 11 aanffs ti m
,: KEAVT OBDNANCE.-
.VIENNA, Feb. 1. A dispatch from
Zemlin -on tbe Anstre-Serviau frontier,
pars that twenty, freight cars, loaded
ritb shrapnel anil other ammunition,
passed there today oouaa lor swiia,
Bulgaria. .
New Today
FOR 8ALB-BALED CHEAT HAY;
first class. Dan Catlow, Turner, Ore
gon, Route 2. '
FOB SALE. A FEW PAIRS OF
White Cochins, also a lot of hen, 0n and gas le-te made with the
mixed breed. Mrs. McReynolds, Osage Indians in 1HJ, severelr ar
MTOlngside, or 'phone 065 Black. i, Hitchcock, ss making; a bnie-
l I Wl 9 rtr Kinitti lltM that fit til
I WANT TO BTJT-LIVE HOQ AND
n aisoauc .prg cnicacna,ana
bens. , I wiU pay the highest cash
P5?Ce f.!Lfrc,QUIIl8& 254
erty street, Salem. Oregon.
THE CAPITAL IMPROVEMENT CO.
do a general transfer business We
have wood fiber plaster.. Also Roche
Harbor lime for spraying..! General
builders and contractors eupplies.
Front and Chemeketa streets.
REPORT CARDS OUR SCHOOL BF
port cards ar printed to fit the
seho register. The prices are:
Twe.ve cards for 1 cents; twenty
five for 201 cents; on hundred for 75
enta. Ctatesmaa. Publishing Co, Sa
I em, Oregon.
COMMISSION MERCHANTS.
HIGHEST CASH PRICE PAID FOR
chicitena, geese, ducks and all kinds
of farm produce at Capital Commis
sion Co., 259-257 Commercial St., Sa
lem, Oregon. Phone 2231. r f
VETERINARY SURGEONS. j
DR, C, J. KORIXEK, VETERINARY j
Surgeon and Dentist. Graduate of .
of Ontario Veterinary College. Hon-j
orable Member Ontario Medical So-J
eiety. Office at Lowe's Capital Sta
ble. Phone Main 166I. Calls atten-;
ded to promptly. .
LEGAL NOTICES.
EXECUTOR'S NOTICE.
Notice is hereby given that ia pursu
ance of an order duly made and entered
in the county court for Marion county,
state of Oregon, letters testamentary
were duly issued under the seal of said
court, the 16 day of Jan., 1905, appoint
ing the undersigned executor of the
last will and testament of Ellon -E.
Baglcy, deceased, and all persons hav
ing claims against said estate are here
by reguired to present the eame to Said
executor at the law offiew of John W.
Reynolds on Commercial street rn Sa
lem,' Oregon, whbiu six months after
the date' of first publication hereof.
First publication Januarv-24. 1905.
' JOHN W. REYNOLDS,
Executor.
PTJBLXC NOTICE.
In the county court of the -state -of
Oregon, for Marion county. In the mat
ter of the application of Edwin Benson
"g for change of name.
Notici is hereby given that the un
dersigned has made application to tbe
eounty conn of tno etate of Oregon for
Marion county, by petition for an or
der and deeree changing his legal name
from Edwin "Benson Pigg to Edwin
Benson Graves, and that said court ias
fixed the 24th day of February, 1905,
at 10 o'clock in the forenoon of said
day, and the county court room, in
county court house in Salem, Marion
county, Oregon,"as tbe time and place
for hearing such application and . ob
jections thereto, and all persons are
hereby notified to appear at said time
end place to offer and show cause, if
they have any, why the same suould
not be granted. 1
EDWIN BENSON PIOO.
SUMMONS.
In th Circuit Court of the -St Ate of
Oregon for the county of Marion, De
partment No. 2. Nancy Beeves, Plain
tiff, vs. Abraham Beeves, Defendant.
To Abraham ISeeves, the above nam
cd defendant:
In the name of the State of Oregon,
you are hereby required to appear and
answer the complaint filed against you
in tbe above entitled court and suit, on
orHbofore he 4th lav of April, 1905,
and if you fail to so appear and answer
the said complaint, for want thereof.
the plaintiff will appy to the court for
the relief prayed tor in toe said com
plaint, to-wit: for a decree dissolving
the bands of matrimon- now exist in tr
between the plaintiff and the I'efendant,
and restoring to the plaintiff her maid
en name, and giving the plaintiff ber
eosts and disbursements, and such other
relief as may be meet and equitable;
and you will take notice that this um-
mons is served upon you by pu.bhca.tion
thereof in the Wecklv Oregon States
man, a newspaper published at Salem,
Marion county, Oregon, for the period
Of once a week for six weeks pursuant
to an order of the Hon. Wm. Calloway,
judge of the said court, made at Sa
lem, Oregon, on the 17th day of Feb
ruary, 1905;-and that the date of the
first publication of this summons is the
21st day of February, .1905, and the date
of the last publication thereof will be
tbe 4th day of April, 1003.
CEO. S. DOWNING,
Attorney for Plaintiff.
Money to Loan
On Improved farm and city proper
at lowest rates. f -
THOMAS K. FORD.
Over LadA Bush's Ban
: Salesa. Oreawn- .-'
BllifS' ST1LUQI. "JIBOUE."
1 ...... . '
A
Win san4 lor bum the coraiac sea-ea at on
aer of rerr and Liberty erneta. Fox m igtm
and particalaro ea'l oa
DB. w long;
Veterlsery Snnceon. .
raone 371 White. Calem.O(.
.
HE DBTNKS THE LIMIT.
fJeorge W. Boe, singly a udT alone,'
answered roll call in the police court
yesterday- rooming, having ben r
rested by : the police on the previous
day while in a beastly stale of intoxi
cation. Jadge Moores Imposed a fine
of 3 and court adjourned.
UNDES PTEE.
Hoke Smith Takes a not Tb.ot st S?c
retazy Hltchccck.;
WASnrxoTox, r. u i a. a n au-
fhorized statement, giren out tonight
by tormrr Secretary of tie interior
Hoke Smith, replying to aj statement
I3sued by Sretary Hitchcock, regnrd-
hir th ftitin of Kmiih in ' AtxivrOTiu?
t jjne u,e lease was made no ioiHdepos-
it, ww kB0Wll. t0 -exist in the Osage
i He aKserfs that! tbe Wse
tU protected the Indians, .br enforc-
,nffTarople rovalties, and tbatj tho leao
was approved lv the Jnuians tuem-
selves and by Colonel Freeman, acting
Indian agent" at the reservation.
Insure
YourCrop
In buying cur seeds you Insure
your crop; poo- sc! mean a lo-a of
rmp for an entire Menson. In plant
ing our seeds you are assnired of
vetting the bt on th market and
a sure crop get Ur. y
Our line of spray tmteiltl ad
frrlllirer Is all frth atnek and the
price is right. Send fur our at-d
catalogue.
D. A. WHITE & SON,
Fecdmen and Seedsmen,
255 N. Oorumerclai St., Salem, Or.
QL1INO0G
Is an important state and 51.x
per cent or its population
la ioiiteu oil
Chicago, tile greauwt crom
mercial center of the West, is
best reached from tbe North
west by tbis famous railr ad
Tbe Northwestern
United
Daily between Minneapolis.
est. raui ana cnicago is tne
peer o all fine trains.
For lowest rates, tine of trains and
full lutoraua tion write to-
C.J.BAV, ' H.L.81HLEBF
TraveUrtf Af C, ba Aaent.
24 ftlderrtl.. porUand. Or. j
WE ARt Of fERIfiG
BIG 0ARG4IIIS
in real estate. It to your in
'. trest to see what we have be-
fore you buy. yLrt us khow you
these.
22 acres adjoining the slate
lands.' House, barn; 270 acres rn
cultivation; balance good tim
ber; running water. This place
divided in small tracts (would
ell for 100 per acre. It! is of
fered for a short time at $50 j.ur
acre. j
98 acres of good prairie land,
all in cultivation; 6-roora Ikoaae,
barn 32x.1i; good well water; 60
sere of grain; located; near
soiiool and railroad. Price, $10
pe?r . acre. , . j -
34 acres, 14 scree in cultiva
tion, 4 acres of fine apple or-,
ehard, 10 acres of good timber,
house, barn; 2 miles from rail
road. Price, 11,500. i
166 acres, 100 acres in cultiva
vation; 25 acres of grass; good
timber; 6 room house, two good
barns,' and other outbuildings;
running water; one-naif! mile
from school, seven miles: from
Salem. Price, $50 per acre.
This is a snap: 11 -room house, 1
good barn, two acres of good
rieh land on. car line and in a
good residence part of the city;
ahbuld be divided and sold in
lots; would bring;, f: 1,500. If It is
now offered for ,."oJ Part
cash, balance to suit. I
7-room" cottage, nia(ern,f large
lot, on ear line. Price, 1,1 00.
7-room cottage, tnoderni laro
location. I'rico S00; install
ments. : -
5-room cottage, one-half block
lots, near school and car lino.
Price, $1,100; installment. .
We !bve a uninber of good
farms; also small tract that can
. . . '
w tobjji mr cneap ana on
emry terms.
-
II, S. OADOLII
.r.
Boom tl, over Bed Front
Drus Gtcre.
Comer of Commerrlal and ZiU