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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Oct. 12, 1911)
DAILI CAPITAL JOURNAL, SALEM, 0KEGO5. THVRSDAY, OCTOUER 12, 1911. f AGE FOCB OREGON SUPREME COURT DICISIONS Continued from Page two.) It up with George M. Masonic Temple, Chicago. Chicago. Feb. 22, 1908. To the Comrades of Tbe Order of Washington: You have already been officially advised by your Supreme President and Supreme Secretary that by the unanimous action of the Supreme Union of your order, and with the ap proval of The Insurance Department of Washington, the Insurance on your life In the Order of Washington has hen lawfully transferred to The Wesern Life Indemnity Company of had to take Moulton. This testimony Is not sufficient to prove any authority In Mitchell to bind the defendant. The mere under- rhlraeo '" ",3 . ucaion,. .n oenair or this company, I ex- 10 say tnat .Mitcnell was held out Dy .tend to you a fraternal greeting with the defendant as its agent is but I the glad hani o fellowship and cor- stating a conclusion ot law. ineac-dIai welcome int othe bosom of our lions or aeciarations or me aeien-1 organization oant in tnat connection Bnoum navei By the payment to our company of been disclosed in order to determine tne next monthiy payment due by w neiner iney amouuieu lo naming th trmg of vour n,pgpnt nr. r)ene. thereby become I trust him out as agent. Further: Although Mitchell, as a witness, would be a competent witness to prove his agency yet bis letters or even his oral declarations reported by other witnesses are not sufficient to estab-1 iimi biilu HKeuiy. you for attachment to your present On the assumption, however, that! Life Benefit Certificate, which will his agency Is proven, we pass to the I bind our company to fulfill all the letters themselves. His first letter, obligations heretofore Imposed upon apparently a circular addressed "Es-ithe Order of Washington, under such teemed Comrade" without designat-! certificates, until such time as apof fit Certificate you one of us and one with us until death do us part. Immediately upon our receipt of such payment, a formal agreement or guarantee will be transmitted to ing any one by name, after directing that quarterly dues b hereafter re mitted direct to the company, pro ceeds as follows: "Immediately upon receipt of your first remittance, this company will send you a 'Guarantee Slip' which you will attach to your Order bf Washington Contract. This 'Guaran tee Slip' will be countersigned by Geo. M. Moulton, President Western Life Indemnity Company, and it agrees to fulfill all the conditions of your present certificate for one year, upon your paying your regular dues and assessments. This arrangement gives you double protection without additional cost. A little later you will be sent a list of the several kinds of insurance certificates issued by the Western Life Indemnity Company, and then, If you wish, you may exchange your present certificate for any certificate Issued by the Western Life Indem nity Company within the year. Upon receipt of your first remit tance you will be mailed an official receipt, as well as a 'Guarantee Cer tificate'. Make your remittance by Post Office Money Order, Hank Draft or Express Money Order." Ilia letter of March 25, 1908, ad dressed to plaintiff says: "Enclosed herewith please find re ceipt.; covering the amount of your remittance, nnd also you will find enclosed guarantee certificate to be attached to your Order of Washing ton certificate as per agreement en tered Into by and between the Order of Washington and the Western Life Indemnity Company. Kindly send your next assessments direct to this olllce to keep your pro tection well secured. The reinsurance contract is going fuivaid successfully In everv de- moo nun every comrades cei tltleato ' Het forth in Is now worth 100 cents on the dol-! reinsurance uir. vve an nave much cnuse for re joicing over this change." Ills third letter nddressed to plain tiff encloses a receipt for assessment No. 5, and besides that, Is no more than an expression of his plcasuro over the good condition of the com pany. Conceding for the sake of argu ment, that Mitchell had authority as agent to sign for the defendant, none of the letters In evidence pur porting to bear his signature, as such, contains any definite memor andum of auy agreement mid cer tainly does not express a considera tion in any sense whntever. None of them comes anywhere near mooting tho requirements (,f the statute of frauds. It was admitted flint one, George M. Moulton, was the president of the defendant and his signature to the letters ami document now hero re ferred to was admitted. These docu ments follow: "Goo. M. Moulton President. The Order of Washington Department. Western Life indemnity Company. Icy for an equivalent amount can be issued on our forms and at our pre mlum rates In accordance with the provisions of the reinsurance con tract entered Into between the Order of Washington and this company Continue the monthly payments on your present certificates as hereto fore in the same amount and in the same way. By so doing you may rest assured that your rights there under will be fully safeguarded and adequately protected. Come with us live with us die with us. You will never regret either. Faithfully yours, GEO. M. MOULTON, President. "WESTERN LIFE INDEMNITY CO CHICAGO. Kindly atach the enclosed rider agreement to your life Benefit Cer tificate as evidence that this com pany has assumed a liability under said certificate pursuant to the terms of the reinsurance contract entered into between this company and The Order or Washington. Faithfully yours, GEO. M. MOULTON, President." The enclosure referred to In this last letter Is as follows: "WESTERN LIFE INDEMNITY COMPANY Geo. M. Moulton, President. Home Olllce, Masonic Temple, Chicago. This Certifies. That all the cove nants and obligations heretofore Im posed and undertaken by the Order of Washington under and by virtue of a certain Life Benefit Certificate No. 245, issued by said The Order of Washington on the life of H. A. L. Spande, are hereby assumed by the I wenieru ljiia iiiueimmy company to uie exieiu aim in me manner as are a certain contract of made and entered Into by nnd between The Order of Washing ton of Portland, Oregon, and the Western Life Indemnity Company of Chicago, Illinois, on the 15th day of reiirunry, A. D., 1!KI8. Executed and delivered at the Homo Olllce of the Western Life In demnity Company In Chicago, Illi nois, this 21st day of March, 190S. WESTERN LIKE INDEMNITY CO. By Geo. M. Moulton, President.' As In the case of tho Mitchell let ters, so with the Moulton letters. Neither singly nor collectively do any of them comply with the statute of frauds In expressing tho consider at Ion of tho agreement alleged to have been made between the defen dant and the plaintiff. There Is still further defect in the proof of tho plaintiff as based upon those letters. That is that while frequent reference is made to an agreement entered into by and be. tween The Order of Washington and tho defendant, specifically referred to in the certificate of the dfondant ac companying the letters of Moulton, as the contract of reinsurance made and entered Into by and between The Order of Washington, of Portland, No Man is Stronger 1 nan His Stomach L JBL A ttrontf mnn la utrorqj ull over. No man can b tronf who it stifTerinit from weak itoinucti with iti consequent indiiiention, or from tome uther i!ias of (lie stomach and its associated orgutit, which im ptirt ditfe.tion and nutrition. For wucn the stomtch it weak or dineaned there is a loss of the nutrition contained in loud, which Is the lource U c!l phyiicul strength. When man " doesn't feel ju.it rijht," when he doesn't ileep well, lint an uncomfortable reeling in the Momnch niter mtm,!, n languid, nervout, irritable end despond ent, he it loiiuit the nutrition needed to make itrenilth. Sue m man should use Dr. Pierce' a Golden Medical Olaeorery. It cures diseases of the stomach and other organs ot digestion end nutrition. It enriches the blood. Invigorates the liver, strengthens the kidneys, nourishes tbe nerves, and so CIVEO HEALTH aXO STNEXUTH TO 1MB WHOLE BODY. You can't afford to accept tecrtt nostrum at a uhstitiite for thit non loonolio medicine ox known composition, not even thnutfh the urgent dealer may tlnrehy make a little bitfijer profit, lntiredienti printed on wrapper. Oregon, and the Western Life In demnity Company of Chicago. Illi nois, on the loth day of February, A. D., 1908," that agreement was not In troduced in evidence by the plaintiff. Not only so, but the bill of exceptions shows that It stoutly resisted Intro duction of any evidence whatever of that agreement on the part of tbe de fendant The agreement mentioned was evidently that embodied In "Ex hibit A", already quoted, and In order to complete the evidence of the con tract pleaded by plaintiff, so far as it depends upon the letters and cer tificate which he offered In evidence it was Incumbent upon him to pro duce the agreement referred to In those documents. It Is a rule of construction of contracts that where an Instrument refers In terms to an other Instrument as containing part of the stipulation between the par ties, that other instrument Is Itself a part of the contract between the par ties and must be produced In order to fully substantiate the allegation regarding the agreements of the con tracting parties. Bradstreet v. Rich, 74 Maine 303; In re Commissioners of Washington Park, 52 N. Y. 131; Casey v. Holmes, 10 Ala. 776. . At best, the plaintiff Introduced only part of his evidence regarding the contract binding the defendant, whatever It may have been, whether directly with him or indirectly with him as one made for his benefit by The Order of Washington. On ac count of the action not having been brought in the name of the real party in Interest; for the reason that the testimony Is not sufficient within the statute of frauds to prove the con tract alleged in the complaint; and also because of the omission of the contract alluded to In the documents by which the defendant sought to bind the plaintiff, the evidence was Insufficient to authorize the submis sion of the cause to the jury and hence the judgment of the court be low Is reversed and the cause re manded for further proceedings not Inconsistent with this opinion. Mr. Justice McBrlde did not par ticipate In the decision of this case. 399; Inman v. Sprague, 30 Or. 321. At! least Hafer, plaintiff in the case, who ! appeared and protested against the ' allowance of the claim of Davis, is an adverse party. He Is directly in-, terested in sustaining the appeal and, therefore, must be served with notice j thereof. Whether the other stockhold-! ers who appeared at the hearing of j this proceeding are parties, within the decisions last above cited, need not r now be decided- The only person j served was the receiver, w ho is not j a party to the suit nor interested in the subject of the litigation, other I than as an officer of the court and interested in protecting the creditors and stockholders. Therefore, the no tice was not served on any adverse party. The motion to dismiss is allowed. Hnfer t. Mcilfnrd & Crater Luke Kail, road Co. -t nl., Jackson County. Decided October 3, 1911. Edgar Hafer, plaintiff, v. Medford & Crater Lake Railroad companv, A. A. Davis, B. F. Adklns, R. H. White head, J. M. Keene nnd W. I. Vawter, defendants. A. A. Davis, claimant and appellant, v. J. F. Reddy, receiver of the Medford & Crater Iike Railroad company, respondent. Appeal from the Circuit Court for Jackson county. Hon F. M. Calkins, Judge. Motion to dismiss appeal. George H. Durham and William M. Colvig, for appellant. A. E. Reames, for respondent. Eakin C. J. Allowed. Defendants Davis. Adkins. White head, Keene and Vawter, as promoters anu incorporators. Incorporated de fendant company for the purpose of; minutes before the discovery of the Taffe v. O. R. & N. Co., Wasco County. Decided October 3. 1911. I. H. Taffe, respondent, v. The Ore gon Railroad & Navigation company, a corporation, appellant- Appeal from the circuit court for Wasco county. Hon. W. L. Bradshaw, judge. Argued and submitted Sept. 14, 1911. A. S. Bennett (Bennett & Sinnott, on brief), for respondent. A. C. Spencer (and W. W. Cotton and W. A. Robbins, on brief), for appellant. McBride, J. Affirmed. This Is an action for damages on . account of the alleged destruction of plaintiff's cannery and cold storage j warehouse by fire, occasioned by I sparks emitted from defendant's loco motive. At the close of plaintiff's testimony defendant moved for a nonsuit on the ground that no evidence had be sub mitted sufficient to justify a verdict for plaintiff, which motion was over ruled. After the conclusion of the testimony defendant moved for a di rected verdict, which motion was also denied. Plaintiff bad a verdict for $20,000 and defendant appeals. Other facts appear in the opinion. McBride, J. It is difficult to dis cuss the matters Included In the re fusal of the court to grant a nonsuit or the motion for a directed verdict, without discussing and comparing the testimony generally, and this course would Involve incumbering the re ports with a long detail of facts which would be entirely useless hereafter to the courts, the public or the persons concerned. We will, therefore, state briefly the conclusions we have drawn from the testimony and apply the law to these findings. The fire was discovered near the southeast corner of the cannery be tween the hours of half-past one and two o'clock In the afternoon of Sep tember 10, 1908. When first discov ered It was a small smoking spot, occupying only a few inches, but rap idly spread, destroying the cannery and other buildings northwesterly from the cannery. At a time vari ously estimated at from 10 minutes to a half hour, and probably about 13 OOO WORTH Of new sample suits and coats just received from our New York buyer. They're the best values we ever oneiecr, ine.5iyiej auu maienais aic an uM-iu-uaie, Handsome garments, all underpriced for quick selling, Now is your time to buy while the stock is fresh and new. Investigate it will pay you. fire, one of defendant's west-bound trains, drawn by a locomotive burning coal, stopped at the platform about 150 to 200 feet from where the fire originated, the engine being approx imately In a southeasterly direction I from the spot w here the fire was dls-1 constructing a railroad from Medford to Crater Lake In Jackson county, Or egon, with a capital stock of 500,000 shares of the par value of one dollar per share. In the complaint it is alleged that the original incorporators issued to iMemsenoH, as iimy paid, bo per cent , covered. About the time this train of the stock of the corporation, name- left, a locomotive, burning wood, of ly: 260,000 shares, when, In fact, i the Portage railway, operated by the nothing was paid for It, except It was ; State of Oregon, and having attached shown by the minutes of the corpora- to it two loaded cars, ran in on a tlon that a resolution was adopted to rack between MPff.nri.nnra t.-0pir nn,i purchase from one of their number the cannery, stopped at a distance of me limns ot way, surveys, estl- from 7.. to Tiki foot mnihot f,., v y Millinery Bargains "Stylish Hats at a Great Saving We do the greatest millinerv business in Salem, 'it is tbe vol ume of business we do that helps us 'to sell stylish hats at such low prices. Come and look through and see the beautiful trimmed hats we have on sale, all priced away down $5, $7.50 and $10 hats now on sale For $2.50, $2.95, $3.50, and $4.50. Stylish Coats and Suits on Sale $5000 worth of the latest and newest coats and suits now on sale at prices that will make selling live ly. Little profits is our motto. "We have the stock to show you and no matter where you go you cannot beat our prices for stylish, up-to-date gar ments. Ladies $15 suits $8.50, Ladies' $18 suits $10.50, $22.50 suits for $12.50, $18 Caracul coats $10-50, girls' "coats $2.50, $3.50 and up. ft mh ill & Mi mi We are headquarters for fine Dress Goods and Silks Come and take a look through this great stock of fashionable silks and dress goods See the beautiful weaves and materials; compare our goods and prices, you will very soon find out the best place to spend .your money. Silks and Dress Goods. Yard 25c, 35c, 49c, 65c and up Domestic Bargains 5000 yards Outing Ranne's, yard 3 1 -2c Muslins and Sheetings at Mill Prices, Blankets and Comforts at Bargain prices, Kimona Flannels, pretty styles now yard 10 and 12 1-2c The Greater CHICAGO ST0R "The Store That Saves Ypu Money" E Salem Oregon i all considered as settled in this state: Koontz v. O. R. & X. Co., 20 Or. 3; Hawley v. Sumpter Ry. Co., 49 Or. 509. mates and franchises for the sum oMhe place where the fire originated,' t is often difficult for a plaintiff $200,000, and made it appear on the ' switched to another track, and de- ' sllow which one of several locomo- stocK books and record that the $2G0,- parted. The weather was exceedingly j t'v's caused a fire, although it may be 000 had been paid on rhe stock sub-1 dry, the wind high, and there was no 1 certain that some one of them did so. scribed by them, and that amount paid , cause suggested for the fire except 11 is in evidence here that other loco for the rights of way, estimates, etc.; i that it stinted from the sparks from ! motives of defendant passed within a that the whole proceeding was a de-1 one or the other of these locomotives, short time before the fire, and while vice on the port of the promoters to j From the testimony we have no doubt 1 plaintiff hay. have felt that It was secure a majority of the stock, fully i that it did so originate, and the prln- probable that the one going west paid up, without expense to them; clpal contention of the defendant up-1 wns tll? source of the conflagration, and that thereafter plaintiff and other on the trial seems to have been that i llH eoulA nut lje absolutely certain citizens of Jackson county were in-; the circumstances tended largely to until the fact3 were developed on the ill y promoters to, nnd they indicate that the fire started from ' fial- The scattering of sparks gen ... i. MiioHcmie ior stocK in the corpor- sparks from the locomotive of the ution. nnd paid the face value thereof; Portage road instead of from Its own to the amount of $21,000; that, after Vnder these circumstances, the di !,T?, , '"B 'n "'"ruction work the rection of the wind, the eondltion and ' uorroweu uy tne com-1 equipment of the locomotives ...... muni uv iiiuiiniige upon 1 comparative liability tne property of the company, and cer-! and wood-burning locomotives to emit ber nn(i tie ot he locomotive used "'" mudiiceii uy navis, as sparks became the principal .subjects' on n particular train on a particular manager of the company, the work to which the testimony was directed. I day- Railways usually have some uni 'im 1 i i0n of the plaintiff, witnesses ; fortuity in equipment and nianage- naintirr. as a stockholder, com- were Introduced who testified sub-! men and "a particular engine dif- .... ,, !, ami on oenair ot mmseir ; stnntially that the wind blew directly "'rs from the usual type it is easy ...... o... ,. .,;, Btucftuoiuers as suouiu rrom where defendant s locomotive ask to be joined with him as plain-1 stood toward the buildings where the llfs, to have a receiver appointed to ' fire originated, and this testimony take charge of the property of the wns snmewi.nt irn,ti,.,n ,., ., corporation to collect the unpaid nub-1 circumstance that the buildings to the serlptlon of stock; and to settle its : northwest of the cannery building affairs A receiver was appointed, were burned, while those to the west ho sold the property of the corpor-, and southwest were not destroyed atlon for the sum of SS2.50O. I4.4S7.R2 ! Th.-re i D.i.T,- ... ! .J of which amount was paid In satisfac-l show that sparks 'emitted from h.,rn. .. .....i.i urui oi me coin-line coa won d retain Iholr cnlty, but we do not believe that the court committed error In any of the respects claimed by defendant. The Judgment will be affirmed. erally by other locomotives was also admissible to show the general care exercised by defendant in the man agement and equipment of its loco- and the i motives. Plaintiff could not know be- of coRl-burning ; toreiiana tne particular name, num 1-ltalit.r pany. Arter the sale of the property ! longer than sparks from wood; that n i lCTP?nZ b,y the ree(''ver- defendant s train was somewhat dif r Ztu l i t, aV 8 ,pr!sented t0 thejflcult to start; that the wheels spun th.n f r t,1!" '" al"8t ,he ronpora-j around on the track; and that a hard I have a new line of Misses' and Children's, high cut shoes with medium heels. Congress heavy and dress . shoes for men. Ladies' cushion sole comfort Shoes. Dr. A. Reed cushion sole for Men. High cut shoes for Men from $3.50 to $8.00 Good Year Rubber Goods Repairing quickly and neatly done I JACOB VOGT, 220 N. Commercial St.-1 pm!l!nI1!0!li?V0niWB?.B!!P,fcII1la gr0RUr l'xha,'st an, Pfbablv tend I?8, w iLWt. LCl ,lt0 Pk- than If the start v...., uj ...c irvccr. riniuiiii : were easy mm ouier siocKiioiuers. who had paid tor tlielr stock, filed with the clerk of the court their formal appearance in writing, and protested against the allowance of payment of the claim of Pavls, which came on for hearing be fore the court, the protestants appear ing by, their counsel, and after the evidence was heard the court adjudged that the claim of Davis cannot be al lowed as an indebtedness against the orporation for the reason that, at the time Jhuis advanced to the corpora tion the money which nuikes up the v"" ie was inuetitea to the corpor ation in a sum greater than the amount so advanced, and that his claim should be set off against his debt to the corporation, hut thnt ha! be considered as having paid up stock in the corporation to the amount of iiu. ciaiiu. navis appeals from this decision. The notice of appeal Is directed to j. r. iteuily, receiver, and Reames, his attorney, due service ot which notice was accepted by Reames. The receiver now moves the court to dismiss the appeal ror the reason that the notice was not given to or served upon the adverse party in the decree. EAKIN'. C. J. The rule is that er ry party to a litigation who Is Inter ested in sustaining judgment or .!.- ere appealed from is an n.li-oro party and must be served with notice: Moody v Miller, 24 Or. 179. A partj to a Judgment must be one who wn8 made a party at the commencement of the case or brought in thereafter by order of the court or became a party In some manner recognized by law: Medynskl t. Thelss. SS Or. 3JT, Defendant's witnesses claimed that the wind was practically from the east, and that the spark arrester of the Portaue railway lornnintivo wna , in bad repair and unsuitable for the jpvrpose; and it was contended tht, vuuaiueruiK uie closer proximity of this engine to the place where the fire originated, it was most probable that it was the efficient cause or at least that the testimony left the mat ter in such a condition that the origin of the fire was a mere matter of con jecture and speculation. I'pon a careful consideration of the whole testimony we do not coincide with defendant's contention. We are of the opinion that there was testi mony upon which a reasonable man might well have come to the conclus ion that it was more probable that the ...r i-i .(i.iiiiieu rrom spams irom de fendant's locomotive than from the locomotive of the Portage .railway, and that It was much more probable that It originated in that manner than from any other cause. It Is true that the testimony was contradictory In some particulars, but every court in this state is required to instruct the Jury that It "is the Judge of the cred ibility of the witnesses and the value and effect of the evidence." and it was for the Jury to say what part of the evidence produced conviction in their minds. It Is contended that the court erred in permitting evidence ot the throw ing of sparks by other engines of de fendant, but the admission of testi mony of this character has been sanc tioned by other decisions of this court and the law upon that subject may be to point tills out by testimony. It Is also claimed that, even admit ting that the fire was kindled by sparks from defendant's locomotive, the testimony introduced by defen dant, as to the inspection and good condition of its locomotive and spark arresting apparatus, was sufficient to rebut the prima facie case of negli gence made by plaintiff, and to re quire the court to direct a verdict AVhere the evidence as to Inspection and good condition is not conclusive, and it seldom Is, the Jury is the proper tribunal to judge of its sufficiency. As was said in Chenoweth v. Southern Pac. Co., 53 Or. Ill, 117: "A jury is not necessarily bound to accept as conclusive the statement of a witness that an engine was in good order, or carefully and skillfully operated, al though there is no direct evidence liruuimiuiug 111- BLrticilirill. 1U1S IS ( especially the case when the state-1 ments come exclusively from the ser vants of the defendant, and where, as In this caset the netting of the stack was not produced for the inspection of the jury, and where defendant's report from September 10 to the 21st, Indicates that the locomotive was not sent ouf, or if sent out was not in spected;, and further shows that on September 30 a second-hand diamond stack with new netting replaced the one In use on September 10. It is not enough that the evidence offered by defendant should rebut the prima facie case made against It, to the ex tent of showing that the appliances were In good condition and suitable, but it should also rebut the nresumD- tion of want of care in the case of 1 these, and defendant's evidence falls short of this or, at -least, a reasonable, and fair Juror might conclude that it did not come up to the required stan-1 dard in that respect. The weather was very dry and the wind high, "and, as plaintiff's witnesses contend, was blowing directly from the defendant's! engine toward plaintiff's bulldlnes. A 1 Jury might well conclude that under such circumstances It was the duty of the defendant's servants to observe such surroundings and to use greater care to avoid a sudden and rapid ex haust and consequent increase of sparks than would be necessary under drffer'nt crcumstsnces. It must be admitted that the case U not one entirely free from dim- James C. Dnlilmnn, "Cowboy" Mayor of Omaha, "Throws the Lariat". Mayor Jas. C. Dahlman is of an in teresting and impressive pcisnnallty Starting his career as a cowboy, he Is at present mayor of Omaha, and has the following record to his cre dit: Sheriff of Dawes county, three terms; mayor of Chndron, two terms; Democratic national commit teeman, eight years; mayor of Oma ha, six years, and in 1010 candidate for governor of Xebraska. Writing to Foley & Co., Chicago, he says: "I have taken Foley Kidney Pills and they have given me a great deal of relief, so I cheerfully recommend them." Yours truly, (Signed) "James C. Dahlman." Red Cross Pharmacy (H. Jernian.) o A Hnnsehnli! tfeilloine that Gives fonftlcncp. Is Foley's Honey and tar Compound. Mrs. T, J. Adams, 522 No. Kansas More cais are de- Ave., Columbus, Kas., writes: "For thn by all other a number of years my children have Deen stiDject to cougns ana coma. got some-of Foley's Honey ami Tar Compound and bave found that It cured their coughs and colds ir. a very short time, so I keep it in the house all the time." Red Cross Pharmacy, (H. Jerman.) o Journal Want Ads Bring Results Kicked by n Mad Horse. Samuel Birch, of Beetown, Wis., had a most narrow escape from los ing his leg, as no doctor could heal the frightful sore that developed, but at last Bucklen's Arnica Salve cured it completely. Its the greatest heal er of ulcers, burns, bolls, eczema, scalds, cuts, corns, cold-sores, bruises and piles on earth. Try it; 25 cents at J. C. Perry's. o Motot tai '-surance. VCe write insurance on automobiles and all kinds of power driven vehi cles at the lowest rates, and Insure against damages from Are under any and all circumstances, whether In pri vate or public garage or on the road or In accident, stroyed by fire causes put together. Rates tho low est E. Hofer & Sons, 213 S. Com mercial street 6-22-tf o A. couple of workmen at HUlsboro, in removing an old pavement found 58 brand new $10 gold pieces. They proved fo be counterfeit. . Expert Demonstration OF .Fireless Cooking Saturday is the last day the Caloric Fireless Cooker demonstrater will be with us. Call while she is here and see the wonder ful Caloric'in operation. It does'practically everything a range will and does it better, at a saving of about 75 per cent of fuel. It is NOT an experiment but a proven success ! WW ' T I in iwimbimiii -I, TiiT8J II