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About The Daily journal. (Salem, Or.) 1899-1903 | View Entire Issue (Dec. 18, 1900)
v$: . i m m m k ., tt, ir tt at m tt, ft m r K m W m m m m ' .it"' 1 MMCumiwiiiww MltnrMlUM ,,(?Wp uoiMM I- $2000 CASH FREE! 0 THE CHANCE SSVWQrM&S& LIFETIME J ' - LMi January. February and March It will be remembered e advertised what was at that time Considered one of the biggest contest ever pybllslied Tho fiit-prt wrftao'tidnK morenorlBM than 55 a week for life, or on annuity of JSiSo a year in advance. Mr. A. W. Madden of lhUUMburg, N. J., va-VdedSreiJ Ihetw inner, and as -Mr. r.wa noining more nor " fi " " " . nf.ji,irl, fr ih. wl nnlrtunt was nroimit v forwarded to him. lust stoo and think for n nionnfht What a Zd iffihiT waT U mSnVlta Tlong as" Mr! Mdcr' lid heTould rec'eiVelrmus every year on ,. flt day of May ?2'5o In cafe. As Mr. Madden Is only a7 years 1.l t.j. I.mm n ni.l mnt, rn mfir liln. 111 ulltrll tn fMltnV htfl f?O0d fortune, The next contest We advertised dosed October 5, tooo, and the cash prires were awarded to the following patties: i Mrs. I S. Poucher, Umstead. Suwanee Co., Fla., Rye Hundred dollars In Cash. Geo. C. Cone, Jr., Una, Davidson Co., Tenn., Two Hundred Dollars In Cash. Mrs. J. B. Sherwood. Colon, St. Joe Co., Mich., M. Sclmartr, Chesterfield, Conn., $15; II. 11. Solleck Klkton. Huron Co., Mich., 1 2.50; Mrs. A. II. Grainger, Independ ence,- Autauga Co., Ala., l 2.50; I. J. Gannon, Hlllsboro, Hill Co., Texasi July Culey, Hielps, J-awrcnca Co., wo.jr jiooin, wewuurgn, urai v,o., . . im-iy .. -, ,..!?.: ?i- a t t ' .. ?p' .!... i.... . i 1.- , .,. v Art . Mr kaiB I., ao So. oth St . Minneapolis. Minn.: Carrie Henderson. Davis Creek, California', Leroy """;i " . . .' - .. - - . . . . t n ' 11 f. - 1. t ' . 1 tt .!.... irr- L A A R M- E I O Y P S W K I R I N which we will write you as noon as your answer .,-. ' . T ill. 1 ....... r ......,, II r" r'MfiH 1 11 nnrll union to, . c. iiomim joui.su... ..uu.c., . ., w...---, ... j-t - , . . rf.i..i ....t.t .i..i , ,. . , t.1t il,l raw. fnr X.ow It you wereso xoonsn as 10 ignore our iiirviui.M uiiuiupvii.:..i, nu """") nuu.u .......c ,.. ..". . .....-..- - . --- without a doubt this Is the opportunity of our life, for you have not only u chance to win an income of $300 a year for lire, but also to win a large amount of ready ci-h. Wcwnnt yoti to read this over very carefully for It does not cost you one cent. One of these contests is, we believe, a very hard one, In fact so haul that It cannot be soUed In n minute, nor an hour, but Is Roink to tax your brains and take considerable of your time, lloweu-r, do not give It up, for It enn be solved and just think of tho reward. We will Klvc $2,000 In cosh for tlte correct answer. In the block square to the left we linve printed 16 jumbled letters which we want you to try and arrange. These jumbled letters when properly arranged will spell the names of three large cities In tho world. One city being located In the United States, one in South America and one In Hurope. In making the names of these three cilies tho letters can only be used as many times as they appear, and no letter can be used which docs not appear. When you havo found tho three correct names you will have used every letter In tho sixteen as many times as it appears. If you cannot find the three correct names but find only two you will receivo a special prize worth $1. Remember even If you find only two correct names jou will have the name chance to win tho Income for life or ono of the big cash prizes mentioned In the second hiilf of this advertisement. If you send In your answer at once we arc quite sure you will not be disappointed. Someono Is going to win the money and it may be you. Anyway, It does not cost you any . . t. . . . . ., 1- I.. ...... ... ....!! !.. ...I.l.l. ti.lll Inln 1... limn in . nl. hnnr n. vnur limn fiml money to try ana It you are a Miiccessiui comesinni meio 1 on.v u..c muiumm , ,. ..u .... .coo ....... ...... ...,..... . ,,... .....,....- 1 as vour answer is received. This, we can truthfully say, Is the veiy hardest puzle ever advertised, fo get out your geography, alias or encyclopedia nnd look for these three cities. The Lorrect names are known only to tho prwldent of tins company and nm private secretary, ino envelope containing ne three names has been sealed and deposited with a leading Safe iJeposlt Co. in Kiton and will not bo opened until Oie day after the contest closes. I his, we believe, Is tho JjLnt .nv of eo.iilnctlnc a content, as evervono will have'au equal chance. In the event of more than one correct answer being received, we will request five Patties who have answered this advertisement to act as a committee to award thecwli pro rata. Ihey will be invited to come to Boston at our oxpenseanu be our guests while in this citv We take this unusual method of selecting a committee to show our good faith as we want to treat all In the fairest manner possible. 1 he committee will be selected from among the contestants ten days before the contest closes, January 20, 1001, and you may be asked but not compelled to act as one of the committee. In addition to the Two Thousand Dollars In Cash we will give you an opportunity to win $300 A YEAR FOR LIFE FREE 9 CASH PRIZES OF $250 EACH FREE 58 CASH PRIZES OF $25 EACH FREE WITHOUT LABOR OR EXPENSE. We are going to give to someone who has entered this contest and who complies with our easy conditions, an opportunity to win and secure from us without any labor or expense on their part, Three Hundred Dollars every year during their natural life. Wo mean Just what wc say. If you arc the lucky one, and wo hope you arc, for oome one will get it, wo will send the winner every year during their natural life $300 cash In advance. Now. in addition to the canh pries already mentioned we are going to give awav nine cash prizes of $350 each and fifty-eight cash prizes of $35 in the following man ner. Wc will gie ?.'50 to one party residing in the New ringland States which consist of Maine, New Hampshire, Vennont, Massachusetts, Rhode Viand, nnd Connect!, cut, $350 to one party residing In tho Middle States whkh consist of New York, New Jersey, 1'ennsylvanla, Delaware, Maryland and District of ( olumbia. $350 to one party residing in tho Central States which consist of Ohio, Indiana, Illinois, Mich igan and Wisconsin. $350 to one party residing in tho Western Stated which consist of Minnesota, Iowa, Missouri, Kansas, Nebraska, and North and South Dakota. $350 to ono party residing in tho Southern States which consist of Virginia, est Virginia, North Carolina. South Carolina, Georgia, Alabama, Florida, Mississippi, 'I en lessee and Kentucky. $350 to one party residing In the Southwestern States which consist of Louisiana, Arkansas, Oklahoma. Texa, Wcw Mexico and Arizona. $3,5 to one party residing in tho Kocky Mountain Status which consist of Montana, Wyo ming, Colorado, Idaho and Utah. $350 to one party residing In tho Pacific Coast States which consist of California, Nevada, Oregon and Washington, and $350 to one party residing in tho Do ninlon of Canad., and that is not all, for we will give to ono party residing In each Statr and Territory In the United States and In each province of the Dominion of Canada n cash prize of $35. We moan just what wo say. You havo an opportunity to win and secure from us, without any labor or one cent of expense on your part, any of tho above named prizes. There Is jKwitively no deception, and as for trickery, now enn mere oe, wnen the committee is selected from the contestant, and you yourself might be chosen to decide who the winners uie Do not throw this contest aside nnd' say, Oh. pshaw I I havo answered puzzles before and never got anything j for if you do you will regret It as long ns you live. Sonio ono Is going to win the money and it may be you, no one can tell. Anyway, It does not cost you ono cent us we do not want miy money from you. Are the priOH worth trying for? e think they am, for .yo a year paid to you for life will keep one from the poor house and to thoa who havo a small Income it will supply them with many a netwtfity which one lint to do without In those hard times. Do you know of any finn In the world that has made such liberal offers In such a fair manner? Of course we are strangers to )ou and jou have no assurance except our woid that we ore financially abb- to carry out thu promise we ninke. If you have the least doubt, we would lie pleaded lo have yon get a special report from either llradstruet's or Dun's Mercantile Agency, or our Imnkont. We tire a responsible company with a paid-up capital of Ono Hundred Thousand Dollars, composed of well-known IiusineM men, and our sole object In giving awny such large cash prizes is to adviirtise our business and we will leave no stono unturned to accomplish, by honest methods only, our object. Fveryono entering this contest will recoivo honest treatment, nnd you will have die s-aine chance whether you live In California, Mexico, Canada or Massachusetts distance makes no difference. When you havo carefully ntranged the jumbled letters Into tho three names which you think are right, flend your answer to us at once and enclose a stamp for reply. Within a few days you will receive an answer telling you whether you are a (successful contestant, and wo'will also send you full particulars regarding our other contest whereby you can win for ono moment's thought, without any labor or expense, either $300 a year for llfo or a largo cosh prize. Do not delay, as this adverment tisement will not appear in this publication again. Address us this way: lumlstopiioV lliat tho r-itillt tlto hot ;fio!d Unit ft wna without jurisdiction, iTnftjiiej.lluii, Hipti. jjresonted by tills npiii-nl, urt wo li-w it. I whellior tlio court, uftor coiiBldoriiu! that it hud juri-i'irtimt. was nhllgrd to tufer the onupp to n iintitter lo tuko and tiitu tb account, or wlu-llitT it wild do fo it eelt No Hcference Wss-Hecac'd. (linird l.lfiriii'. ulilrli it k 'EvtfU&L&Jte Arreted of tits Fortune. 'An Architect designs, and hh An exeevted frjs a builder. The QttAlot tvMtrof btilh is Mood's SArMvarOh. It hys a 1 1 : MMtAtion, h makes tlte blood, the . 1. oftife, vwt and strong, lie .w architect of your fortune And secure Hood' as your health bmhier. The Bernard-Richards Co,,Ltd,, 1 06 Wharf and Broad Streets, Boston, Mass. ', vt-t. YOU I 'NEED' j -i NEW"! jrriiLlj , r 3CYou need ii now, the fall season calls for a Fall hat and when you buy yoi want the correct shape. We liavethe newest styles in Soft and Stiff Hats at 1.50 lo 3.50. We have the exclusive agency for Qenj. J. Brown's special 3.50 hats. If you wear one of these hats you will never again pay 5.00 for a hat whatever is new in hats is here. rjuiro tlio dofoiidaiita to roiidorjuii no ' traiiefor of all property received by them count lio legnrdod as n denial ol cquita. ! and not Bold or disposed of. lint it was G, W, Johnson & Company, The Peoples Clothiers and Furnishers RECEIVER REFUSED. Ckiiitluueil from rt page. wtomtnry, nnd KriiHt IIofoHan dlroutor, tho HitorBlnry, A. F, Hofoj JVt, uuiile ft mport, hIiowIhk tlutt. tho only Indebted, noas of tlio corporation was on account of salaries duo K. I iofor aB alitor mid liliwBulf ns bnsiueBa inaiinger of ald nowspajwr, in tho suiim of fllU.fl-1 and 1 1U05.7C rcajiootivoly, wiilrli report wne, upon motion, duly unproved. A. V. Jlofor .)r. having theronftor sooured an assignment of Brunt Hofor olitini, com liinucod an notion in the circuit court for Marion oounly, against the corporation, and recovered a judgment for the sum of flUfi.ttO, nnd an oxooiitjou having been infidel tlicreou, all the propurty of the lil -Qorporutlon wan hold to hint in jmyment thereof. It 1b substantially ' iilli'gW in tlio oomplaint that tho dofinU ''mitei who conotituto a inujotity of tho Jioard o( dltoetorfl.f raudiilontly uotisplrod lo wreck tlio corporation and to aonilro itpj0orty to tlio injury of phiintlflu, wiQnwnthirty.tlireoBhurea oUhe capital ritok, and that said corporation was not Indebted to w'ul dofendttntBiiBclalmeii or at all, nor wai any iircnintluK ever liud by tbtn .th it. Thnt ky collected from various hjiucou moneyb belonhiK to thu coriMimtlou exceeding the Hum of t!50,lK t.wlilch they havo (raudiilontly ap oronriatttd to their own use and refn&o to acaoutit tlvWMtar, Tlio answer adtnifo. tiiaroJloiiidantB,.anwU.oon? trol uDaUjiiewipaper they Jiav.o 'collect.' HopnnilodofoiieoallOKO that niter tnklui; ulmrno of the hitBineuH mi nKieement whs entortHl into with the corporation whereby It was Htlpuhitod that KriiHt Ilofor sliould receive tin editor, nnd A. V. Jlofor, .lr , as tho luiHiiifwa mniiHgor, of n'aid nowspnper, tlie iim ol UC per week ouch, uiid Hint u Judgment having been renderiHl for the tmlnriuaduo tiioni, tho property of tho corporation had Iwen sold on nu oxooutlon iwuiod thereon. Tlio material allegations o( tho nnswer hnv ing boon denied in the reply, n trial was had before tho court, at which tlio plnintlffd introduced testimony HlmutnK tholr ownership of tho stock of the cor poration, that they had roquotd M 1.. Chumheiiuin, proAlduut, uiid t'. Muruli, a director, to defend uiid notion or permit them 1 1 do so on beliulf of thu corporation , and tho refusal ot th lat ter to comply tlierowith. the value of tl.u property so sold on exeuutiou, nnd that from $16 to fiO tier week wus it roawiiA bio compensation for tlio fey:v(i;o ot an oditor, Jniid a like coniponsutlan fur a business untunt;or of said navvspaper, ami thereupon moved the coujrtt u)nn such tiwtlmoiivuii.t the pluadjuus fir an or dor directing tho dclojidaj to render tin account . Tho court lioWnu dverrulod suid niulloii, the dofuiulimt.t iutmducMl testimony tondng to show that the property sold on execution brought n fair price, anil Hint tho corporation agreed to puy them tlio salary so claimed, and the cuuno )inviui boon sub- mtttcxi, the court found thul th'j allegtt bio jurisdiction of the snbjcct-mnt. tor, the court nccoHsarily erred;! for while an action of account was orginally cognisable at lnw,lt was soon ascertained that only a court oi equity, by reason of its power to compel n discovery, was com potent, in many cases, to afford ado (pinto relief, und out of this discovery lias been ovolvcd thu principle of con. current Jurisdiction of courtsof equity in such casus, !i Hlnek Com., 1:17 ; 1 Story Kq. Jur., (Ill ed.) $152. The inadequacy of a legal romudy, wliioh gives rleo to cqultnblo jurisdiction to settle nu ac count, is apparent in tlio following in. stances: 1. Whore tlio accounts are mu tual ; 2. When they are till on ono side hut intricate; 11. Where a tidiiclary re lation racists between tho parties, thereby liiifiosing upon the defendant tho duty to ronder an account. 3 Pom. Bq. Jur., (2 ed.) $H2l, Tlio rule is of universal application that a court of equity has jurisdiction to suttlo an account wliorov ur a ildacinry relation exists between tlio pnrtlos upon whom tlio duty uf keeping lUtcountH rests. 1 Bnoyo. Pi. c IV., DO; Warren v. Hojbrook, 116 Am. St. It, fiM ; Nashua it L. It, v. Hoston A I.. It., II) Fed. 801; Pacillo It. R.v.Atlnntio.otc.lt. Co. v. Atlantic etc. It. Co. ,20 Fed. 277; UlscliolTsholm v. Haltxer, 20 Ktid. KIH); Thornton v. Tliomtoiu :tl Gratt. 212; Clarke v. I,iorcor62 Mich. lf7; Marvin v, Hrooks, 01 N. V. 71; Kowlo v. Law rnson, 5 i'et. li)5; llnlsted v. ltnbb, 8 Port, till; Vilwlg v, IJaltlnioni Ohio It. Co., 70 Va. -HI). To olto uuthoritufl illus trtitive of tho prinoiplo that thdirec tors of a ivirtoration aro the agents of, nod trustees for, tho stockhnlilors, who havo a qunfi rovorslonnry interest In the corporate property after the pityijicnt of the corporate debts, seems iiiiucoflmary, mid tho flihic'ury lelatlou osiitlng tie ween the pnrtius having lieeti oluarly stattfil in the complaint, jurisdiction of tlio ubjwt-miUor attache! in equity. A wilt hi equity Is mainUtinablo only win re there Is not a plain, adequate. and oompleie reinotly at law, lllll'b Ann. Ijiub Or., ytfiO. "A plan uf siutwl no count," soys Mr I'omsiny, in Ills work on Kqiiltublu Juiinpnulfuca (Vol S, 2 ed. $1121) "obviously cuiutitutoi) a br ton suit hi equity lor an nceouuilllg since in that enso tin remedy at law iBontlrt ly ailequata." Thus, in uun v. Com, 'II Fed. SOU, winch ja a suit to redmuii vortalu property Unit hud beet) oonveyod and transferred ns mtcur ity for a loan o( money, and. or an accounting, thu defendants cqntunded that nil tho ninttora in controrpisy ix istiug hutweeu the parties had biteu eottlwl by an ngieoment, in pdr.iinnco of which the jlalntitf promikod to pay them the sum of f2t,MH) as tliainount due, mid to accept a reconveyance and to d niljbngnQ 2 but ttlSyAihi m kuovvjJUj HBteK mwrnww 'JKwPHprr w '"W' - r tjonaof tliyoomitiiilnt hajt'Siiot'Mn ?uji- tallied and d'einbjjed'tho suit, whew f. hold that inasmuch ns the account ren dered by Ihedefondants was not itomheed und mnuy of tiie charges contained therein were ovidontly excessive, it did not constitute a plea in bar, sons to defeat tho interposition of a court of equity, nnd thereupon decreed un ac counting. So, too, in Morton v. ,ea, 73 X. 0. 21, It is held in a suit for an ac counting that tin nnswer alleging a for mer account mid settlement did not constitute a plea in bar unless it alleged that nu account hud beon stated bitwoun the parties and as Bottled was just and true. In I.vo v. Abrams, 12 111, HI, Mr. Justice Trumbull, in spinkiugof tho distinction between a plea in bar nnd a denial of any Indobtudium,; and tlio evidensouecossnry to establish each, says: "lly filing the plea of pUno com putavit before tho court, tho defendant would, if tlioissuo was found in. lis favor, lio entitled to a judgment npiinst the plaintiff for costs, and tho plaintiff would bo driven to seek redress in an other form of notion, although ilio proof sliould show, that n large sum had been admitted to bo duo him mou such accounting. Tho difference between tlio proof necessary to sustain tlio plea of pleuo computavit on the pnrt of tho do fendnut, and that which lsrequislto to sustain tho issue of nothing n arrcar, is tills: In the former ease, th) defendant mint show nn actual so'tlemcnt or accounting hot ween tlio pirties, and n balance struck, it matters not in favor of which party, wldlo in tin latter case, he must show by un exhibition of the accounts, that nothing is di-.tbo plain, tiff." lu tho caso nt bar th defendants admit in their answer Hint hoy secured nil moneys collected on ayount of the corjHiratton. und do not deny that thoy received tlio sum of $110,000; hut they do not plead a stated account in ttr or tender the isiiio of nothing in ari'ar, thereby conclusively establishing tie uxistencu of conditions giving thoooirt tquitnhle juriedliitiouot tliOHubjcct-nattfir. Under tho rules of former prnotictlt was custo mary lnasuitfornunivouuiiigitorcuder an interlouutory decree kiown uH.piotl ooniputut ; (Morton v. I.eti supra ; Clos son v. .Means, 4(1 Me. :t.'l7) hut such do dreo was. iiot'UcoHAsarlly iv'onpition pie ctHlunt to referring tlio cutie ton master, auditor, or referee to take uid etnto tlio aerotint. Spnlding v. Daj, !J7 Coup, 127. The decree in such etises ''that thq do fmluitut do nccount" wai eqnlvahnit to an adjudication upon thoplendlpgs that a court of Miiity had jnisdicUou of the BUlijrtct-innttrr (McPnorsou v. Mo I'hcornon. II Am. Dee. 1U; und. tlio fact that doteii.hints horn introduced tektimony alter the motm was overruled rell'lsWiy g IBPJlQiU'hd for a If tho overriillij iN-r ., .... ... ,..!.. ... t. I rjMri .J" iWiwV ' Mouse Work is Uim Work without GOLD DUT. In Taylor v. (linird I.I hi In. w i App. (WHO. C.) 2rti), whldi wus a siitt to foreclose n deed of trust.it wai held that it, was tlm duty of the court to ascertain the amount due, and that in (IMittrelng piichdiilvlt mlglit cull to its apsisluuce the cervices of nu auditor, but that this wus it matter entirely within Its discretion, in Krynu v, Morgan, !I5 Ark li:i, which tviW n suit by one pari neritgaiiist another for nn iiccoitnting, thu court, upon motion therefor, refused to refer the cause tn a mast or, and it was held that no erior was thereby committed, tho court 'saying: "Tho C'hnncellor may, himself, tuko nn ac count, announce tlio re-ull, and decree iiccordidgly." In Midden v. Jordan. 28 Calif. Ml, it Is hold that it is in tho dis cretion of tho court tn tuko the account or refer the cuus'i to coininissloner or referee for that purpose. In Bmerv v. Mnon. 7fi Calif. 222, it was held that in n suit for an accounting thecottrt may Itccl' take or state tlio account, anil when it does so n refusal to nider a reference for such purpose is not. erroneous, in Montanye v. linlch III III. :i!) I, it is hold that n court of equity Ims power to discharge the duties ordinarily purfornmd by its minder in stating nn account between paities, and that no injustice wns done in refusing to refer tho nln'ter to a master, because either pHrty had tho same rights before the court in regard lo tho production of books and examination upon Inter rogatories that ho would linvo enjoyed before a mastor. in Jewell v. Ctiunrd. 13 Fed. Cases, GDI (No. 7:ll) it is held that whe.ro the court lias tho moans to take an account satisfactorily and is disposed to do so, the cause will not be referred to a master unless both sides de.'iro It and nrqniosce in the further dolay and cxpento incident thereto. To tho s.tme effect ce, Wheeler v. Hdl.'ng!, 72 Fed. ;!0I ; Martin v. Foley, S2 Gn. o52; Oirter v. howls, 20 111.500; Cby of Uollevilhi v. Citizens Ity. Co.. 152 III. 171; Hldpp v. Jnmeion, 1 l.ilt. Sol. (Ws 100; Goodrich v. Parker, 1 Minn. !; Pierce v. Thompson, (I Pick. -UK; lliiiley v. Woslcott.dPliila.iJ25. CoulJ have Examined the Hooks. Tho motion to require tlio defendants to render nn account was evidently treat ed by the court nnd parties as a request to refer tho cause to a master to take and state the account, nnd when thta motion was overruled I ho plaint lift had every opportunity to ascertain the the account before tlmcoiir could hnve enjoyed before Montanye v. Hatch, supra. The transcript, ndnting to tho tiling of the motion, is ns follows; "Mr. Carson, attorney for tho plaintiffs, asked permission of tlio court to file a motion, asking that an interlocutory decree be is sued compellingtliedofendants to render an accounting. Tlio com t; 'You can die a motion and I will pass upon it ' " lu piirBiianco of tills ermissiou the follow ing motion, omitting tlio title nnd sub scription, was filed: "Now on this lllli tiny of November, 1808, nt tho close of the uvidonco offered by plaintiffs at thu trial of this cause, the plaintifis move tho court for an order or decrco direct ing tlio defendants Ilofor to re.nler nn account. This motion is based upon the pleadings nnd evidence offered by plaintiffs nnd rocoived upon tlio trial of tills suit." If this motion lio regarded as nu application to tho court for nn order requiring tho defendants to pre. pare nnd tile a hill of particulars, con tuining nn itemized account of moneys collected and paid out on behalf of the corporation, nnd it ha admitted that it is within tho power of the court to grant tho motion, it is nt most discretionary (Hill's Ann. Ijiws Or., $521.) and no error can bo predicated upon a refusal to comply with tho request, unless It is manifest that such discretion lias beon nhueed, which, in our judgment, is not apparent. If a party allege an account und do not sot fortli in his pleading tho Horns, nor lllo therewith ft copy thoreof, lio must, within five days after n demand therefor in writing, deliver to the ml verso party a copy of tho account, nnd if tlio one died or delivered lio defective the court may order n further account, nnd if tlio party lefuso to comply tliero with he shall bo precluded from giving evidence thoreof. Id. $B.l. It will lie remembered that the defendants do not ! ; nllego no accounting w itli the corporation mr doeH it appear that any demand was made ujion thuni for a copy of their ac count, and hence plaiutiffi amid not insist, ns n matter of right, upon tho filing of n bill of particulars. At the argument our attention was called by plaintiff's counsel to the cnee of Miller v. Kent, CO How, Pr. .'188, whore it was held that a broker, who is the agent of his client, ought to bo required to show fully and specifically cnoh itom ot the account which he charges against Ids client, and the defendants wore tlioreiiou ordored to serve a lull of par ticulars; hut this was' dona, liouovor, in pursunnuo of n stntulo of New York which provided that: "Tlio court may in any caso direct a hill of particulars of tlio claim ol either party to be deliv ered to, the advojgo pnrtj," hug making tho order evidently a iptter ofdisoro ipu, 'J'q .theniue ejffut is Morgan v. Morgan, -13 N. J. Kq. BOO.'ln whioh it wns held that when a party claims by his bill that he has licou acting as trustee or agent, and us such is entitled to an account with his cestui quo trust or principal, it is his duty to pjosonl Ids account with ins bill, and if ho fails to do so it is proper for tlio court, when a referoiuo to $ mastor is asked (or, attar taking the toatlnlonv ;t) BUipqnu' tjjo hearing i requlrf'tho plaintiff to make and preftmt SiiqIi no- to liuve been made under a statute like like ours. Defendants Produced Their Books In Campbell V. Knowlcs, III Phils, lid. It in hehl llintun order for the pro duction of books and papers will not bo made unless the bill prays for a dis covery of facts material to the issue. See hImo ll Bnoyo. PI. APr., 781. In tho case nt bar no dli-covery is prayed for hi tlio complaint, and this henlg so, Hie plaintiffs oiinriot Insist upon the ptoduo lion of it hill of particulars ns n mutter of strict legal right, Hiiih exceeding tlio court's dbcretiou. Ilusidcs tlio defend ants wore evidently ready to Btthinit tholr hooks to tho inspection of the court and parties in order that the account might bu determined the reform; for A. F. Hitter Jr., in answer to nu Inter- r iratory pre p mil d t hint on cross examination, rend from his ledger tho the credits respecting his salary, though the books were not otfered in evidence. Whether tho judgment rendered aganiit tliucorinrotiou is vulnerable to n collateral attack hecauo tlio chums upon which it was prcdicfttid were audited by the doondunl, who con Htltuo a majirlty of tlio hoard of dime t rs making the allowance, becomes im porlnnton y in esse of nn accounting lie twMenjtl o parties; nuttlie failure of tl.o plaintiffs tonvill tliouvolvei of the op iwtunity nfToul-d tltoni to try the rnmo before the court, on tho morlU precltidos the necessity of considering tlio question. The errors Insisted upon not appear ing to have been prejudicial, the decree isalllrmed. BUSINESS CARDS C. H. CHAOK Successor to l)r. J. M. Keene, ol WhltoCoine. falcon Or. Parties desir ing superior 0n; Uions nt moderate feu in any branch are in especial request. ALBERT AJESSUP. Phone 1071.1 ItOOMS 1 AND H. OKAY IIMC. To Cure a Cold in One Day Tuko-I.kx all vo llrnmo Quinine TnliM', ilniL'idiils renuul the mm my IT It All I'nllx lo euro V. firove'H MwiutUfH l on wiWi liox. Traveling i nu eafy undertaking and n plcasnnt pastime now u days especial ly if you take the Northern I'acille for your I'aslern trip. 'I hoy know how the present day rail) any passenger likes to travel and what he wiiiiih und they supply him with the comforts of ft home. The Northern Pncllleruns throiih trnliiH daily to St. Paul and Minneapolis and nbo'has through car mmv eo to Kansas City, Omaha, nnd St, l.nnis. '12G10I B. F JONES. Attornoy-nt-Lnw Toledo, Oroton. Wiu tilork of Circuit Court t 1 Ix jrwir iutliB n itp-to-dnte Kbxlrsclut !' Mil) In Lincoln rouiilr. 11.17m SOU LB BKOS, Piano Tuners ami I'OKTI.ANI) OltK. For Salem nnd vicinity lenvo orders ut tii-o. Will's Music Store. 11 pare CAPITA l. t.MV Express and Transfet MentH all mall nod nassenuor trains. Itnggngo to all pnrti of tlio city. Prompt Korv ! Teluphoiio Ko. wi. IMHQUB et UOMYKIt T . J. Sullivan State Street Tailor. iL rown "mf '" -.(wH Kail HullltiK" hint III. Tlio Olxirlidorll lortiK from Chin is imnti 5f cho. IRt- llrst 1,11'lllCHSNllUtiirt, Salem Waier Co., ()FK1CE,;01TV UAhl.. For wntr scrvlco uojily nt ndlo Hills payable iininldily In ndviino Make all complalnlH at tlio olllc White House Restaurant First class cook, First class service, Enjoyable meals. GEORGE BROS, Props. had every condition of n K nr A ".'srlciapane s? Bamboo ...LOWEST PRICES... Store NAKANO, PROP. Near Willamette Hotel. 204 Commercial Street. Salem Orecon, 12 17 - Galvanized Iron Work - We make a specialty of cornices und all kinds of work in galvanized iron. X X X X -- 3E X.XT 3MC 3S X 2W C3h - - and the Work and material always the best, prices are always the lowest. A X PHONE 151 T. S. BURROUGHS. C -1 103 STATE 8T SOMETHING NEW! X KERN INCANDESCENT CAS BURNER No Chimney, no hlaohmed Mantles. Givea 3ri candlo power per foot of eaa eoiiHiuiHHl. Several fiizea. Wo havo in stm-lr tin. K,. t imili,,. r,,,.. f. ,.. l.,,,, I j nnd Kiv'hiK n 35 candlo iovor liRlit forJI-IO of ono rent'por liour. AIho tlio No 2, , i kIvIiib i0 candlo power nt a cost of (1-10 of a cent per hour. INVESTIGATE THRM- Salem Gas'jLisrhLt Co. Chomokota St .1" Telephone 583 Money Loan On Improve t,,rt t'i it... Sloans anfTul"" I Motuiv inin... . . mi -rf " iFaii mil. a i nraonliiiK to um ritv .w,Kr, exnnilnatlo,,. 8Z':1,0C' ioiih nml ..ii,... . nB"'nc ,iC John Moil 290 C -- - .. tn, The German h Willi)., found. I. t...,l d the lien or Z'S lte nrni ol Writ i" S l H IK! JtHl.l, " Ift II. y. "J'n'mirMiM Dr- Grace AW nradunteofAmtrUijSd,, "t Ojttot.ihy. Xh" . .J.? .'?: MffPt Hniri.. nourH ii io iau. m- 1 I,, j . i Weller'HKro.ery. ' ,H' HUIE WING Iloliday (.,,0,1,,, C)li 1 sl'. Imllwi" iiiMlHwhl liiutitf , nflk liamlkcrcIiiK t.l ware, ,,.. All At 0 110 SPATE 8rRKr.8IU Salem Soap Works 'J'1'" Proprietor ol tlm yj A'f.rlfu litib .1... .... ........... ... CoimiiiiierM wlm tvf,tf , Encourage Home Industn Ity orderhiif Plcni.tiiij,J S. C, STONE Jl l'm.tllnn Stone's Drug Si HM.Kll, OKKlKJ.I. Tilt motet, (two In uunitwn in w. No. VII tint Hi CotintitUI nmJ well titiktit wlili nconiplele llafolh intillnlnm, Uillvt rtlclfc, iiilmtnt uie., t'Ul , ilc. lilt. HTONt llmhKtt lomoVijcun exporleoet Ii ki lieu ut lucillrliiemut now aiku httmi oonniillntW.ii. minlnmw.n n(mrll L ANADIAN X PAOPi And Soo Line. Firiit-uhitiHiiud Tourist SLEEPERS D l'nHM5iinern hooked to nnd from' ALLPOINTSBfl Atlantic Steamship Office. ' Km-full imrtieiilara apply to E.J.COY1.B. II. H.ABBOtt A. G, P. A., Vnneouvor, I. ' WW M POPULAR PUBLICATIONS-POPULAR PRICES VIII '"'' ' '' I. ' i U .mi .. l,-i I ..... .... .. . THE NEW YORK WEEKLY TRIBUNE I I!,! t I. i . la . . '. U nxi i.,r hron ' ! .- lr,- l,,p. H .N. i miiiiy Niut., r. t r m ..,-,- j , i mtouiiLi.i' lur.tu , .1 l. KLlM It. ,1' i i ' "H 'lu ounii) ii- '' " t 111. h. let . , Hlt ..I.U I h.ul lllrii. I t , ' l"il.tf M Ml il.ilir,. f oiM.r It Inl.iu, ... ,i,i dm riiitlv. ..rijlinin l I' !'. Kortl lt.'U.lllll' Htlll. pi'tre. M.no . i.ff .tin Vui.'rleHii lliil,..v v.. v...... . .... "i'" .MiiK.i.f. N.-n tu-ti in. ' ns.oo J liners iii.i'. t.." ,i. , M" l.o ,!' l i'i i-V i Imu Km Viie. ... vi.-win.. ' ....... n.oo I'rriHU l.eMUffi, IVm Jlit,'. JU iW' J A! .Oil Muiiki-jv ily&i,,i-,y. V,1rl'iflsi Ltt i.oo .siiii-K, fSPi,vlri IT. .If 7I,, im !:.,.t"'; ,,sliii &' fi.pfi t'li; '' - - .. -...,. . . hinir puiiinheii on MonOaj. Wednes- llCTI'" Ja' anl IriJay. Is a coraplel V ft til U, l" 3ttl J""h" nnvupaper, lUHlV 'h" d l "' week, with rn. oil Important new it tlio other J J'j- tour .laj JTolHtly uiu- lrr.'r.it w lralJ' U"J "lfJ with Interen- WcEKLY '"" ,e,lJiI" for n" w,1 wUh ,0 .,., li'P 111 cl(we louclt with new TRIBiIMP ?.' (,w n,lon n' wrld i UlUVYiU 11 e k u lur ulmerliitluu lirllll. IMl.nO ..or vvur. . u. i"'iuwiiigMllsllJlti iiwumntniu 1,'Ilh i.vuiiir lit.? One Yr (. N. rorW I.HHIIuu k. .. m i ..;:.. r .". u"- " Serll.iH-i-'H iii.ui,,r Aiiii-rir,,,, urlMilt.irl,. t , rii. . "t.... ...... ....... ft.. --'--- X ... 5 : 1 (tfl. I ..... - u.. ...... ;.-. ' ... . ...i. . . tt 10 n.oo i.oo -.r.o n.oo With Weekly Trl-Wekly Ttlbune. Tribune, one Yer. One Year. 5.oo j.no i.oo .j.no 1.00 -1.50 1.00 -1.(10 I.OO -.fit :i.m :i,bo -IO 1.11.1 i.a. i.H5 i.nr. ,oo J. 10 1.70 I AM l.TB Jj.oo n.no R.INI n.KO I.OO .1JSH H? !t.in ;.'iiui...itt HBiuji.,o ii;.i . 'VU ; . i.oo ni I S: .';'-'7--i; wi:: V$ a & ' hi ill limit Huh i- . iln..n. i,i S ,". 1.75 Sj !i;I ;,,,pt.-;;;.,-SJ;.: ,$n ? i: Se :;;!;!.r;i';;;.:;rIvn:::::: Z i& If 5g .RS-r!i-.':.- SS? m1.'.': : : : : ;; ; Mleliltritii r..-it...r. iitiirr? ifLllf j'ti.I. iM itui It5. .SO i.ui i-SJ si is; :-ux nil. i.uii1m in.. . llfllli.H -.m" "". v Vrlhunr AliAim;,.:" L,,,,"' I'ltM MIX) .Ml. ,!. . no'JSK. ".". - 'I' ... nw wajr.rtMHi at t ' ll S fl" - V .mi twwiwUMMi w,nnetlon with Alto. t'UU VJIIUV.VU. Wew-VOrk City, on muiai ,,r WHEN YOU PAY YOUR GOOD I.V. n llul .'n t. YOU Mt"i very prorly vnt to W "tl( ll.at will give you II wffJjW tlatlona at the lowt l"J Hence, you ilionlil mjwT to make your ticket rel Tli" GREAT ROCK BU RODTE -... I.. - nArtinllllly uur i"Fii. i T.rTnml I0U"?"-IBW' m i.. I.',.,.,,.,,... and lliPtMf'J via fcaerninento and rt'JJM int? and Haiurdiiv inr"Wpd pnil run tnroim , -. change via the WorMffl trains Kast, also wit hi !, Mreoually conducted W " , itoaton Tlieeotoiinw-yr-jh broatl vestiiiuled IwhW 3 Una and ptovided "t'?Ja trateit ix-riooinno " .rial tit" freoiifeoliiur patro'iH, pHiiinl llimiiiili !'PSjoll ffH.nlallK ol II L?V Jloute. wo aiw -ri.lfM0 Bleeping car mucij ff Hcenic Line and 'lie ' aervico in the world ,,' 1-or full inlorum '.... T- t portUuJ0" U-M.l lutnwr ,.... -,i. f ,i. a t- y""'::, Vtl Wl "III' f or V. W. Skinnk". Agent S. 1' l'" Sajeui lr. 'mVH'" Inewjtore .. mThiJ l-J K. JIOHIBW " i-..ilt'-: newconfwtlonryP'i'hwllJ ,2811 Commerc a ilree rf (t flinoking B00'1'-