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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (July 15, 1911)
A FEW THINGS ABOUT JOHN D, ! ROCKEFELLER i During this month John D. Rocke feller win 72 years 0,d Ho ls t0" d,rfh Hearn-appenant Appeai from "'thls twentieth century Croesus the circuit court for Josephine coun IJes is not known to himself, ty. Hon. F. M. Calkins, Judge. On h-s money is Invested In so many I petition for rehearing. Smith & nA such varied enterprises, that it Beckwith for appellant B. F. Mul f, ith ereat difficulty that he is able key for respondent A. King Wilson to keep iratK ui u. iJino mouj ui the multimillionaires of America, Rockefeller was born in New York state but when he was still a boy his family settled in Cleveland. It was iu this clty 0181 ne was first employed in the grocery business, at the small salary of $3 a week. He early demonstrated his commercial acumen, for in less than two years from his business start he was cashier and bookkeeper in the grocery store, and a very short time afterwards, having accumulated $1000, and be. ing able to borrow a like amount, with a partner, he engaged in the produce commission business. Then came his first great oppor tunity the discovery of oil at Titus, ville. Pa. With an additional part ner the firm started in the refining of petroleum. Into this business Mr. Rockefeller was able to place $4000 and his partner an equal sum. With in a year the advance to the refinery amounted to $1,200,000 and by 1865 the business had Increased to so great an extent that Mr. Rockefeller sold out all his other interests and de voted his entire attention to the oil business, constructing the famous Standard Oil works at Cleveland, Ohio. New York officers were shortly af terwards established, and in less than 10 years the famous Standard Oil company, with a capitalization of $1,000,000, was started. The busi ness grew to such enormous propor tions that in 1872 the company in creased its capitalization to $2,500, 000. and 10 years later the Stand ard Oil trust was formed with a ranital of $70,000,000, and in a few years this gigantic octopus absorbed nearly all the oil refining companies in the United States. In addition to his oil property, Mr. Rockefeller owns extensive tracts of land in several states, Iron mines, a number of vessels plying on the great lakes, close to 10,000 grocery stores in different parts of the country, so much of the New York Central railroad that he could take absolute control and turn the Vanderbilts out tomorrow, and hujfe blocks of Pennsylvania, Lake Shore and a dozen of the other big railroad companies of the country. The Rockefeller income is so large that John D. could, out of it, buy con trol of one great system, like the Un ion Pacific, every year and never touch a penny of his principal. His income today is the most colossal in the world. It is more than twice as large as that of a.l the crowned heads of Europe combined. It ls 35 times as great as that of the king of England, and five times as great as that of the czar of Russia, the richest ruler of any nation. A recent calculator notes that the Rockefeller income is at least $2.05 a a" second. $123.66 4-5 a minute, $7420.08 an hour 5178.082.08 a day, $1,246,574.56 a week, and $65,000,000 a year. With every tick of the clock there drops into the Rockefeller strong box more than $2. Resistless, like a Niagara, money pours towards John D. Rockefeller. Did he not provide outlets for it, it would overwhelm him. His greatest difficulty seems to be to find channels into which to turn the money flood. If the daily income were paid to Mr. Rockefeller in $20 gold pieces they would number a little more than 8900. These, piled, one on top of the other, each one-tenth of an inch in thickness, would reach 74 feet two inches into the air, the height of a six-story building. Placed on a scale, the daily pile of gold would show a weight of 741 2-3 pounds, or more than five times his own weight. "He has to buy a railroad! every ween, one man saia in explain ing figuratively the volume of the Rockefeller income, and he didn't ex aggerate much in saying this. In spite of the fact that Rockefel ler's charities have been enormous, his pile does not seem to diminish. Upwards of $150,000,000 has already been distributed by Mr. Rockefeller to the general educational board the Chi cago university, the Rush Medical col lege, and to reseafch work, institu tions, and religious work of every de scription. John D. Rockefeller is one of the descendants of Johann Peter Rocke feller, who was born In Germany in 1682 and emigrated to America with his wife. He is the oldest son of "William A. Rockefeller, who was born in 1821. To Investigate Rates. Washington, July 14. An invest!- gation of pipe line rates, classifica - tinna an,i ir.,Min ,oo ..joj in. .u uuu icguiaiiuua nao ui ut. vw ; lay by the interstate commerce onv mission What are the sweetest words,? is asked Mother," "wife," "daugh- ter Put sweetheart first," sug- gests a young man. ' The Fountain Head of Life Is The Stomach A man who hai a weak and impaired stomach and who does not properly digest his food will soon find that hi blood has become weak and impoverished, and that hit whole body is improperly and insufficiently nourished. Dr. PIERCE'S GOLDEN MEDIC7IL DISCOVERY makes the stomach stroni. promotes the flow of diSestlve lulces, restores the lost appetite, makes assimilation oerfect. Invliorates the liver and parities and enriches the blood. It Is the treat blood-maker, tlesh. builder and restorative nerve tonic. It makes men stroni In body, active In mind and cool In ludtement. Thia "Ditcovery" is pure, tflycerio extract of American medical roots, absolutely tree from alcohol and all injurious, habit-forming drugs. All its ingredients are printed on ita wrappers. It ba no relationship with nostrum. Its every ingredient is endorsed by the leaden in ell the schools of medicine. Don't accept t secret nostrum as a substitute for thia time-proven remedy or known composition. Are voim niighsoss. They must know of many cores mad by it during past 40 yean, right in your own neighborhood. World's Dispensary Medical Association, Dr. R. V. Pierce, Pres., Buffalo, N. Y. OREGON SUPREME Full Text Published bj Courtesy of Supreme State of Oregon t. Ileum, Josephine County. State or Oregon, respondent, v, Amicus Curiae. Moore, J. Denied Moore, J. In a petition for a re hearing it is insisted by defendant's counsel that affirming the judgment rendered in this cause Is tantamount to judicial legislation, in that the opinion announced herein attempts to give to the words used in the amendment of section 2 or article 11 of the constitution an unusual mean ing which is unwarranted by, and cannot be gathered from, the con text; and that In construing a clause of an organic act a court has no right to disregard the meaning of plain and unambiguous language, under the guise of discovering the intent of electors in Adopting a clause of fundamental law, or to give an inter pretation in. such a case that does violence to the 'ordinary meaning of the words employed. In a brief submitted by counsel who appear as amicus, curiae it ls asserted that the people of Oregon cannot by an amendment of the con stitution deprive the state of exclu sive authority over, and control of the liquor, traffic and confer such power upon an incorporated city or town, and in support of the doctrine thus announced attention is called to the case of Straw v. Harris, 54 Or. 424, where in construing an act of the legislative assembly, authorizing the incorporation of ports, (Laws Or. 1909, p. 7S) it was held that the state may not surrender its sovereignty to municipalities to the extent that it must be deemed to have perpetually lost control of them. Considering the qeustions stated in an inverse order, the declaration seems somewhat incongruous that a clause of the constitution is uncon stitutional. Some part of an or ganic act may appear inconsistent when compared with other portions, but the contradictory provisions when challenged In a suit or action in which they are necessarily in volved should be so Interpreted as to give effect to each as far as possible. The authority to sell Intoxicating liquors is not an exercise of common right, but is a special privilege which the state, under its police power, may grant or deny at its pleasure This power may be employed by the state or delegated by it to municipal corporations which agents can use the power In the manner and to the extent specified in the enactment con ferring the authority. It is an axiom that no creature can ever become greater than its creator and as a corollary deducible from this princi pie the rule Is universal that the po lice power cannot be bargained away in such a manner as to place it be yond recall. Through the amendment of the sec tion of the organic act under consul eratlon vests in cities and towns "the exclusive power to license, regulate, control, or to suppress or prohibit the sale of intoxicating liquors there' in" Buch delegation is valid only while the clause of the fundamental law remains intact. It is possible for the people of Oregon at the next general election, by initiative peti tions, to repeal such provision and in lieu thereof to amend the constitu tion so as to prohibit the manufac ture or sale of intoxicating liquors for beverage purposes. The police power is therefore not bargained away but temporarily delegated to municipal corporations as agents of the state to be employed by the lat ter in the manner prescribed until countermanded by the authority which bestowed it. The word "exclusive" as used in .the amended section of the funda mental law. when construed in con nection with the entire language there employed, evidently means that an incorporated city or town shall, until otherwise ordered, be the sole agent of the state in exercising the police power respecting the control and sale of intoxicating liquors. The further clause, "but such municipal ity shall within its limits be subject to the provisions of the local option law of the state of Oregon" pre scribes the manner of employing the power delegated, which enactment is a limitation upon an exercise of the authority. Such provision of the con stitution is not subject to the criti cism indulged in Straw v. Harris, su pra. The case at bar does not in volve the interpretation of a statute but the construction of a clause of the constlution the amendment of which does not trench upon a repub lican form of government which is nnct TT O Art i Sop nr Ane. ,t pnrof,rh unon the 1Im. htntinns imoosed by the federal con- 1 stitution upon the powers of the states. Id. Art. 1, Sec. 9. WO COUClUUe llieieiuic mat 111c people of Oregon could lawfully del legate to an incorporated city or town the "exclusive" power to license, tax , regulate, restrain or prohibit the sale 0f intoxicating liquors, for beverage niirnoses. within its territorial limits. An examination of the opinion an- DAILY CAP1TAI COURT DECISIONS F. A. Turner, Beporter of the Court. nounced In this case and of the ma jority opinion in State v. Schuler, Or. , 115 Pac. 1057, upon the au thority of which the decision herein is based will show that no attempt was made to determine the intent of the electors in adopting the amend ment of the constitution, unless such purpose can be implied from an ef fort to construe the words used when considering the entire language em ployed. Believing that the determination reached by the majority of the court is warranted by an interpretation of the clause of the constitution the pe tition is denied. Swltzlcr v. Enmhenrt, Umatilla County. John B. Switzler, respondent, v. F. E. Earnheart, appellant. Appeal from the circuit court for Umatilla county. The Hon. G. W. Philps, judge. Submitted on briefs May 3, 1911. Fee & Slater, for respondent. D. W. Bailey and J. B. Perry, for ap pellant. McBride, J. Affirmed. This is a suit to restrain defendant from interfering with plaintiff's pos session of certain lands situated upon Beavert Island in the Columbia river. The Island in question ls unsurveyed government land, and has been occu pied for several years by different persons. In the year 1895 it was in the possession of M. D. Beavert, who improved it by planting a garden and putting several acres into alfalfa, and constructing a comfortable four- room dwelling house. In 1896 he sold his rights to plaintiff who en tered upon the land, built a fence so as to enclose, together with the nat ural enclosure made by the water, about 80 acres, and "cultivated it principally in alfalfa. At the time of the alleged trespasses by defendant the land produced about $800 worth of hay. He had a house, stables, cor ral and garden. The house was fur nished with beds, marble top furni ture and was a comfortable rest dence. The improvements exceeded $1,000 in value. About January, 190S, plaintiff leased the place to John D. Hatter for a period of five years, but subse quently the term was reduced to one year, and at the expiration of the year the term was extended for three months, expiring March 31, 1909, at which date Hatter was to surrender the premises to plaintiff. The defen dant had taken a homestead contain ing about 142 acres immediately ad Joining that arm of the Columbia riv er which separates Beavert Island from the main land, and subsquently commuted It, after a residence of 14 months, receiving his final certifi cate from the goverrVient. He was residing upon this land immediately preceding the 'alleged trespass com plained of. In March, 1909. defendant moved his family upon the Beavert Island and located in a tent near plaintiff's dwelling house. By agreement with Hatter he purchased Hatter's hay, cows, and chickens, and Hatter va cated the premises, leaving defendant in possession. Defendant thereupon took possession of the house, threat ening to shoot plaintiff if he atteniDt ed to enter, and entirely excluded him therefrom. Plaintiff harvested his hay crop, and thereafter brought this suit. There was a decree in his favor in the circuit and defendant ap peals. McBride, J. The land actually oc cupied and cultivated by plaintiff comprises about 80 acres, and is un surveyed government land, separated from the land of defendant by a nav igable slough or arm of the Columbia river, and there is nothing in defen dant's contention that his line ex tended beyond this slough so as to Include any portion of the land occu pied by plaintiff. Defendant's boundary extended only to high water mark of the stream, separating Beavert Island from the mainland: Oregon v. Port land General Electric Co. 52 Or. 502. Neither was he entitled to take the land as an additional homestead. The right to enter land as an additional homestead cannot be exercised upon unsurveyed land. In addition to this fact the land must be contiguous to the land already occupied by the in tending entryman. The land in con troversy was separated from defen dant's homestead by a meandered navigable arm of the Columbia river and was no more contiguous to it than if It had been situated on the opposite side of the main" river. It is contended that plaintiff was the owner of more than 160 acres of land, and, therefore, not capable of Initiating a homestead. He testifies that he bought, settled upon and im proved the land, with a view of ac quiring title by prescription or home stead, or any other way when it came into market. Whether he will be qualified at that time is a matter be tween him and the government, and in no way concerns this defendant, who does not show himself qualified at this time to make this settlement The evidence shows that defen dant obtained possession by a frau dulent aereement between himself and plaintiff's tenant, and thereafter j held possession by force and threats o entered unlawfully, knowing that I A Inm Plaintiff piainuil Clilliiieu uic iaw. x was in possession by his tenant, claiming the land against everybody but the United 'States, and defendant was a mere trespasser. And the law will respect plaintiff's possess'. as against a trespasser: Boe v. Arnold, Ti4 Or. 52: Gibson v. Chouteau's Heirs, 39 Mo. 536; Buxton v. Traver, 130 U. S. 332. , It is not the policy of the government to encourage forcible en try upon government land in the ac tual possession of another: Atherton v Fowler. 96 U. S. 513; Rourke v. McN'allv. 98 Cal. 291; Tidwell y. Chir lcahua Cattle Co. 5 Ariz. 352. The nature and extent of plaintiff's nossession of the 80 acres where the house was situated, was sufficiently indicated by the improvements made upon It by him. Practically the tract had been cleared and seeded to alfalfa. Upon the case made here the United States' district court held, that plaintiff was entitled to relief against defendant, and while that decree was reversed by the cir cuit court of appeals, upon the ftround of lack of Jurisdiction In the states' court to entertain suits of thU character, the Judgment of JOURNAL, SALEM, OREGON. RESTORE GRAY HAIR TO NATURAL COLOR By Common Garden Sage, a Simple Remedy for Dandruff, Falling, Faded, Gray Hair. The old Idea of using sage for darken ing the hair is again coming in Topie. Our grandmothers used to have dark, i glossy hair at the age of seventy-five, while our mothers have white hair before they are fifty. Our (rrandmothers used i to mnke a sage tea and apply it to their hair. The tea made their hair soft and glossy, and gradually restored the natural color. One objection to using such a prep aration was the trouble of making it, especially as it had to be made every two or three days, on account of souring quickly. This objection has been over come, and by asking almost any first class druggist for W'yeth's Sage and Sul phur Tlair Remedy the public can get a superior preparation of snge, with the admixture of sulphur, another valuable remedy for hair and scalp troubles. Daily use of this preparation will not only quickly restore the color of the hair, but will also stop the hair from falling out and make it grow. This preparation is offered to the public at fifty cents a bottle, and is 'ocommended and sold by all druggists. Special agent J. C. Perry, Druggist, Salem, Oregon. the learned district judge, as to the law of the case, in other respects, is not without weight with us. To allow defendant to enter without a shadow of right and dispossess plaintiff from his house and cultivated fields would be an injustice which we cannot sanction. The decree Is affirmed. TEACHERS WHO PASSED THE EXAMS County School Superintendent Smith today completed the list of teachers who were successful at the examination recently held in the county, and it shows that out of the 126 taking the examinations 94 passed. The percent of failures, he says, was no greater than at previous examinations. The following were successful in securing a one-year cer tificate: Martha Jensen, Silverton. Althea Lowry, Salem. Grace Crabtree, Stayton. Mabel Harck, Salem. W. ,F. Rogers, Salem. Beryl Chrlstensen, Dayton. Gladys Stewart, McCoy. Ethel King, Silverton. Josephine Bostrack, Silverton. Ava Darby, Silverton. May Barett, Dayton. Mary Hall, Salem. A. A. Hamilton, Mill City. Alphonsus O'Reilly, Salem. Lillian Mitts, Aurora. Leona Johanson, Salem. Kora Brown, Independence. Lela Riches, Silverton. Maggie Sherlock, Silverton.. Hattie Nervlg, Silverton. Wm. C. Taw, Silverton. Ruby Toedtemeier, Canby. Marion Bliven, Salem. Delia Ohlsen, Salem. Lotta Wilson, Salem. Cora Dougherty, Kent. Viola Wolf, Salem. Nellie Wood, Everett, Wash. Carrie Anderson, McKee. Evelyn Wirtz, Mt. Angel. Jennie King, Mt. Angel. Lois McElhaney, Salem. Annie Slagel, Salem. - Cora Gay, Rickreal. Stella Budlong, Salem. Florence Cory, Salem. John Carrico, Salem. Edwin Woodworth, Lyons. Nellie Mulkey, McCoy. Blanche Hubsb, Silverton. Edna Weeks. Silverton. Ethel McKe, Silverton. Adeline Buyserle, Hubbard. Atha Dimick, Salem. Flossie Wilson, Salem. Thos. J. Gill, Salem. Helen Colvln. Salem. Bessie Doughterty, Brownsville. Mamie Kuensting, Woodburn. J. D. Colvin, Salem. Eunice Post, Drain. Lizzie Fikan, Woodburn. Mary Fikan, Woodburn. Edna Ambler, Mt. Angel. Matilda Lovermann, Aumsville. Etta White Salem. Orpha Elsenhart, Woodburn. Ina Cothren. Salem. Glenn McClelIans Turner. Catharine Crawford, Salem. Grace Welborn, Salem. Emma Tweed, Salem. Lydia Giese, Salem. Mabel Baker, Rose Lodge. Blanche McElroy, Aumsville. Georgiana Spicer, Aumsville. Marie Skei, Mt. Angel. Laura Conyne, Woodburn. Emma Schramm, Woodburn. Beatrice Nutter, Salem. Frank Neal, Turner. Ruth Volz, Sublimity. J. G. French, Salem. Matilda Garnjobst, Salem. Helen Phillips, Salemc Jourdan Sullivan, Salem. Helen Luthy, Salem. Gladys Luthy, Salem. Vida Dunlap, Salem. Evelyn Starkey. Salem. Hubert Starr, Salem. R. E. Morris, Salem. Myrtle Hall, Woodburn. Phoebe Wyatt, Amity. Helen Barkman, Brownsvilel. Fern Parr, Woodburn. Mamie Bostrack, Silvertoni Anna Backman, Clackamas. Frances Bryan, Turner. Madge Baylon, Woodburn, Edna Steen, Silverton. t Bershea Bump, Gervais. Charlotte Grettie, 8alem. Dorothy Short. Salem. C. F. French, Salem. R. E. Morris. Salem. Primary Certificate. Jessie Cromwell, Gardner. SATURDAY, JULY 13, 101. Carolyn Schelling, Gardrjer. Five-Year Certiflcitte. Meuric Roberts, Salem. Ruby Kennedy, Salem. G. W. Duncan, Salem. Mabel Solmon, Salem. TO KILL WALLS REET The motive behind the introduction of the last new book on the market is to destroy Wall street. This work is intensely Interesting, ami is chuck full of mosq astonish ing facts about Wall street man ouvres. It also proposes to the pub lic a cure for those ravaging on slaughts of the wolves of finance. This new book is entitled "The Bonville Square Deal." It Is published by Frank Bonville, author of the Bonville System, and compiled and edited by Enoch I. Will, manager of the Bonville Pub. Co. "The Bonville Square Deal" can be found on sale for 35c St Patton Bros.' book store. ASTHMA CATARRH' CURED Expert Medical Scientists Announce Startling Results Obtained By Senpiue New York: Thousands are taking advantage of the generous offer made by the Woodworth Co., 461 Broad way, New York City, requesting an experimental package of Senplne, the great discovery of Asthma, Hay Fever, Eronchitis and Catarrh, which ls mailed free of charge to all who write for it. It Is curing thousands of the most stubbern cases. It makes no difference how long you nave climatic conditions are where you live, Senpine will cure you. If you have experimented with other treatments and have failed to find a cure, do not be discouraged but send for a trial of this wonder ful truly meritous remedy which la a scientific compound discovered by a professor of Venice University, ' and is recommended by thousands. 0T A D VT IX UED Gramling, S. C In a letter . from Gramling, Mrs. Lula Walden says: "I was so weak before I began taking Cardui, that it tired me to walk just a little. Since taking it, I do all the housework for my family of nine, and have not been in bed a day. Cardui is the greatest remedy for; women on earth." Weak women need Cardui. It is the ideal woman's tonic, because it is especially adapted for women's needs. It relieves backache, head ache, dragging feelings, and other female misery. Try Cardui. A few doses will show you what It can do for you. It may be just what you want. I Honest Medicine Versus Fakes. President Tafts recent message suggesting an amendment to the Pure Food and Drugs law in its relation to prepared medicines, does not refer to such standard medicines , as Foley's Honey and Tar Compound and Foley Kidney Pills, both of which are true medicines carefully compounded of ingredients whose medicinal qualities are recognized by the medical pro fession itself as the best known rem edial agents for the diseases they are Intended to counteract. For over three decades Foley's Honey and Tar Compound has been a standard remedy for coughs, colds and affec tions of the throat, chest and lungs for children and for grown persons, and it retains today its pre-eminence above all other preparations of Its kind. Foley Kidney Pills are equally effective and meritorious. For sale by Red Cross Pharmacy. o Gresham Outlook: The local tele phone company is making arrange ments to cable its wires under the Mount Hood railroad at, the 14 points where the wires cross the track. Soreness of the muscles, whether Induced by violent exercise or In Jury, is quickly relieved by the free application of Chamberlain's Lini ment. This liniment ls equally val uable for muscular rheumatism and always affords quick relief. Sold by all dealers. CHICHESTER S PILLS lllfl UK A Silk IMI.l'tt. ,.m UK yean known as Ilest, Safest, Alwtyt KeltaMn SOLD BV DRUGGISTS EVERY WHFRE RHEUMATISM Can Be Cured AT Hot Lake Sanatorium Hot Lake, Oregon NATLHAIi HOT MINERAL HATHS Hot Lake is not far distant, end Health Restoration is not so expen sive there. - We can cure RL'ITL'RE your rupture without danger Write us regarding 600 this Powerful Drug Substitute for Mercury. BEST EQUIPPED SANATORIUM JH NORTHWEo ASK FOR SPECIAL ROUND TRIP EXCURSION TICKETS WRITE FOR FREE BOOKLET HOT LAKE SANATORIUM Hot Lake, Oregon, J V6 liftdlfAl AUK jour irrufffiAi ior a IL2Q&1 I'lH. in ICrd irui liold neulllcV TV 3a !. silel with tihie RILbon. ft fetfelK' Take no other. Hut of roup I- J L 1 1 ... AuW,.i iriMa u tvr m A n SANITARY ! REFRIGERATORS! Buy a McCray or Automatic and Forget Refrigerator Troubles Either one of these Refrigerators will keep your food cold and absolutely pure and fresh. Food odors or flavors cannot mix because of the : perfect circulation. McCrays and Automatics use less ice because of their scientifically constructed : insulating walls. All shelves are easily removed, making every part accessible for cleaning. We carry a complete line of refrigerators, all sizes and styles. Priced from $8.50 up. And will be pleased to show you at any time. i fsxmvini .lai in Firemen's Insurance Co. Organized 1865, Statement on January 1 , 1911 ASSETS Bonds and mort gages $2,485,850.00 Stocks and bonds.. 2,399,572.50 . Office building .... 800,000.00 Cash on hand and in bank 72,823.82 Agents' balances .. 316,597.22 Interest and rents due and accrued, and all other as sets 46,538.73 $6,121,382.27 Surplus to Policy Holders C. H. WARD, General Agent. Pacific Coast Department. E. HOFER & SONS, Agents Salem, Oregon. 213 S. Commercial St. JJPhone Main 82 Read The Journal For News t : X Pianos and Organs from the cheapest to the best sold on installments and rented. GEO. C. WILL Sewing Machines Genuine needles, oil and new parts for all sewing I machines. Sewing ma chines rented. GEO. C. WILL , 4 PAGE SET LIABILITIES Capital stock 11,000,000.00 Reserve re-insurance fund 2,037,952.60 Reserved for un paid losses and .iU other liabilities ... 241,490.26 Set surplus 2,811,939.41 $6,121,382.27 $3,611,939.11 Edison, Victor and Columbia Talking x Machines t A full stock of Records, t 0E0. C. WILL j t I Latest Sheet Music t Piano and Organ Studies. Violins, Guitars, Mandolins and Banjos. GEO. C. WILL 4 t