- Dltt CATtTAL JOCFJfAV bALEM. 0HEG05. FRIDAT, DECEMBER , 1911.
POLuDFJUE
AT TIJE GRAiJD SATURDAY
An event of the theatrical season
will be "Polly of the Circus," Fred,
er e Thompson's magnlfloent produc
tion, to be seen at the Grand opera
house on Saturday, December 9, with
Mis Ida St. Leon In the titular role,
supported by rJJ the members of the
original "Polly of the Circus" com
pany. Margaret Msyo'g wholesome and
simple story Is one of the moat de-i
Hghtful plays of recent years. It
Would be difficult to Imagine a pret-,
tier scene than that with which the
brst act of "Polly" closes. It b there
that the young girl of the circus gets
her first Insight Into things that are
higher and better, when, as she first
regains consciousness and realizes her
helplessness the minister reads to
her, at her request, those memorable
lines from the Book of Ruth: "En
treat me not to leave thee or to re
turn from following after thee; for
whither thou goest, I will go; and
where thou lodgest, I will lodge.
Thy
needle shall bemjr jieoplet, and
A JIB! BOUT,
TOUT. THE
F1CTTC
i.i.iLI IL
- A dispatch from Oakvllle, Decem
ber G, says: "Capt. Galbralth-was
in Portland this week and while
there visited the inspector of steam
boats and reported his new boat, "Un
cle Sara." The Inspector will look
the new craft over soon and about
the 24th day of December there will
be "something doing" on the Willam
ette river, and from that date hence
forth and forever there will be a
boat making regular semi-weekly
trips. There is accommodation on
the boat for 50 full-grown persons
and '90 tons jofj refgtit. When this
Vessel gets to' making regular trips'
there will' be flo need of eledtrlc rail-"
Scene lu Tolly of
nil i t
WILLI
Grows Hair, Restores Gray or Faded Hair to Its Original Color
and Stops Dandruff and Scalp Diseases.
25c Bottle Free to Prove It.
' Tlip fre 2Sc bottl of "SwIhbco" lialr
unci Ki-alp Hi'iunly, If mwl lUrnlwl, will
tioiiili yuii. It I NKW HKMKDV, the
lint mill bt'st pripurnci'iu knuwii. It la
th rwult ot yrr of luvtlK!itloB mill
It'Bi'Hn-h Into Ui rron whjr no ninny 0f
tlic lialr nrfpHi-ntlons h fll1 In th
fnct to ilo tli win-It di'inamM of thein.
t Ii niarrrloua In Ita m-IIiiq nnU ttioua
anila hnv recrlvml priniiTOl curt Juat
fiiiui Hi tr lottl we gur tliein fur
thi Baking.
Bri-nna yon may not bar tfrrrH any
rtllrf from something you bar trlril
" TO 01- r
thy Ood my God." The curtain falls,
and the real story is begun.- Pathos
Is mingled, through the 'play; With
no less excellent humor than Polly's
slang, when she first converses with
the minister about his people. She
calls him a "sky pilot," and, talk
ing of her business as compared with
hlg ministerial duties, says: "One
year you give 'em' the rottenest kind
of ( show, and they eat It up; the
next you give 'em a 'knockout,' and
It's a frost-" These are but random
samples. The circus scenes of the
third act are revelations of stage
craft. ' It Is all there, the Tings, the
horses the clowns and everything
and everybody else. The setting of
the last scene of the third act is
as wonderful as it Is beautiful. The
circus trains and wagons winding
their way up the pathway, while Pol
ly remains once more and forever be
hind, and with the man after her
heart. Taken all In all "Polly of the
Circus" ofTers more pure, wholesome
entertainment than any play has had
In a long time, hence Its success. :
roads, for wice a week ts as often
as we will want to go to Portland.
It is more pleasant to ride on the
upper deck' of a nice boat free from
the dust. The chastening will be
done at Portland on account of the
local option law, and as the captain
Is opposed to wastlrig anything good
he may not use wine, but an Imita
tion made of water, and keep the
wine to use in other ways. The
crew will' be men who have bad ex
perience on the river. They will be
supplied with rubber boots to be used
In the summer for wading over the
bars.
, An Alarm at Night
That strikes terror to the entire house
hold is the loud, hoarse and metallic
uuuku dj croup, ino misiaKmg it, and
fortunate then the lucky parents who
keep Foley's' Honey and Tar. Com
pound on hand. H. W. Casselman,
Canton, N. Y., says: "It ts worth Its
weight In gold. Our little children
are troubled with croup and hoarse
ness, and all we give them Is Foley's
Honey and Tar Compound. I always
have a bottle of it In the house." Jl.
.Jermau, JLetLCross Pharmacy,. 'J
. .. - ' "
Journal ""Want Aids " Bring Results"
llf nrcsW t Thf (;rml ((l),r 0lse
W1SSCO
lon t he foollih rnongh to tsinilemn Tirv
tlilng flue, on will Iw gri-tttijr OfiiefllttJ
by the frw bottle w tWt v,m.
:"8wlwro" ,M wnta unit jl.m) a bottle
la for anli- anil r-oiuui,.nilwl by all dru
nn Otiartiiipnt mum.
Alt wlio wlah. tliat hav not tried Swtaaco
, w. free -'." Nil lie nreiialil on
rreeipt. of In cent In atauipa or allver.
to help rover exiene of wokln. etc.. h
aililreaaing Ulret to th 8wiaco Hair
K'.".,wl.i' 4i:,T "l"re, tincin-
nati. linlix
J. l Terry. 115 Hovth ttunieiilal tre.-t.
ciecus
)' ' N
' '.:., .. V. . '. 'V'..- -; V :V.
- c ; ' '
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" --'.r .
Kerne
i.'n null i ii ' i L,', , , '''-.Iwp)",,)
, Dr. Lyons
; PERFECT '
Toofh 3dvt&
cleanses, preserves and beauti
fies the teeth, prevents tooth
tjecay and imparts purity
?.n3 fragrance to the breath.
OREGON SUPREME
COURT DECISIONS
(Continued from Fags S.)
We hold that the title which the
state had, has not been extinguished
by the running of the statute.
It is contended by counsel for de
fendant that the occupancy of plain
tiff under his contract for the pur
chase of the land, Inured to the bene
fit of defendant's grantor, for the
purpose of perfecting the title of the
latter by adverse possession.
To this, counsel for plaintiff an
swers, that defendant expressly
pleads his title by deed from the
state and no other title; that the
specific allegation that he derived his
title by deed from the state of Ore
gon precludes hira (rom proving title
by adverse possession. This conten
liuu wouiu seem rename as iar as
proving the link of title from the
state to defendant vn Blokland. Ex
, cept for this muniment of title which
. Is set out In the answer, defendant
i must rely upon his general denial
and the allegation that he is the own
er and In possession of the real prop
, erty in question. This, we think,
raises a question ai to whether or
not the defendant an avail himself
of the statute of limitations for the
purpose of showing title to his gran
tor, the state of Oregon
Even though the statute does not
run against the state, adverse pos
session by the state for the statutory
period will give title by prescription;
Eldrldge v. Blnghamtn, 120 N. Y,
309; 1 Cyc. 1121
Where the general statute of limi
tations is relied upon as a defense
for the purpose of showing tltleiand
the defendant alleges ownership and
me right of possessVon, It is not nec
'eTsary to specially allege' "adverse
ainrAny nI(fht
possession for the statutory period,
period, under the j rovlsions of Sec.
328, L, O. L.; Nepl v. Davis, 53 Or.
423; 1 Cyc. 1140; Bird v. Sellers, 113
Mo. 5S0, oS3; Ml'ler v. Beck, 68
Mich. 76.
The reason of this rule Is stated in
Hill v. Bailey, S Ml App. 83, 87, as
follows: "When the statute Is relied
on as a bar to the remedy merely, It
must bespecially pleaded.
But where the title to real estate is
in question, the operation of the stat
ute Is found to have a higher range.
It Is capable of conferring an abso
lute title. Hence, It has long been
held that a genera) denial of the
plaintiffs titl will suffice for the ad
mission of evldencf or adverse pos
esslon for the statutory period; be
cause this will not merely bar the
remedy, but may establish a title in
the defendant which will conclusive
ly negative any ownership in the
plaintiff. In other words. It sustains
and verifies the denial of the plain
tiff's title."
The agreement to surrender before
expiration of the statutory period,
based upon valuable consideration,
stops the running of the statute, and
continued possession will not be con
sidered as adverse; 1 Cyc. 1013; El
drldge t. Parish, $ Texas, Civ. App.
35.
; J ; 4
Q; 7 One
" 1 Pain Pill.
A then
i. k IT...
, Dr. Maes'
;Anti.Pain,FUIs
will help you. as they
haVe helped others. '
Good for alt kinds' of pain.
Ued to relieve Neuralgia, Head
ache, Nervousness, Rheumatism,
Sciatica, kidney Pains, I.iunbagr.
Locomotor Ataxia, L'ackachc,
Stoinacliache, Carsickness, Irri
tability and for pain in any part
of the body. -
"I have always been subject to
neuralgia and have suffered from
It for years. While visiting my son
and suflorlng from one- of the old
attacks, he brought me a box of
Dr. Miles'' AnU'l'aln nils. I used
them as directed and after taking
them It was the first time In years
the neuralgia ceased from the Use ot
medicine.'! tnd. E. C. HOWARD,
402 Greene St., Downline, Mich.
At all druggists. 23 doses 23c.
MILES MEDICAL CO., Elkhart, Ind.
As between the plaintiff -and the
state of Its grantee, the occupancy of
the plaintiff under his contract for
the purchase of the land, was that of
a tenant, and did not Inure to the ben
eflt of the plaintiff, but to the benefit
of the state, for tho purpose of per
fecting title by adverse possession
Anderson v. McCormick, 18 Or. 301
303; Rowland r. Williams, 23 Or.
515, 523; 1 Cyc. 1004; Mabary v. Do!
larhlde, 14 Am. SL Rep. 639; McAu
liffe v. Parker, (Wash.) 38 Pac. 744
It is clearly shown in the testimony
that the state of Oregon through
plaintiff Stephenson, Its vendee, un
der the contract for the purchase of
the land, was in the open, notorious,
exclusive and advese possession of
the land, under colqr of. title from
August 21, 1882, until December,
1898, more than the statutory period
of 10 years, and whatever right ac
crued by such possession of plaintiff
inured to the benefit of the state
from which defendant Van Blokland
deraigns title.: .i. .
From the record and - evidence on
the part of plaintiff, as well as that
of defendant, we think ' that plaintiff
has tailed to sustain the allegation of
his complaint as to adverse posses
sion of the land . for the statutory
period, and as between the parties ot
this suit, that defendant Is the owner
in fee, and entitled to the possession
of the whole of thf 'and.
It follows that the decree of the
lower court should be modified ac
cordingly, and, one etered " here de
claring defendant to be the owner in
fee, and entitled to Uie possession of
the land.
o
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money refunded if not satisfactory, if
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bottle tlft will showme what
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When common sense goes on strike
it Is time to send a hurry call to tho
fool killer.
-STATE NEWS.
- Eugene Is to enclose a large part
of Us park with a high wire fence,
and will put elk and deer therein.
Eugene has started a movement to
dispose of Its sewage by septic tanks,
and thus hopes to pave the way to
purifying the Willamette river.
U. S. Bryant has Just finished
cruising 29,500 acres of timber land
in Lincoln county, and presents some
startling figures. He estimates the
standing timber in the county at 2,
950.000,000 feet.
Klamath Falls has filed on 500
miner's Inches from Rock creek and
aspen lake, nearly 30 miles distant.
The Pacific Great Western rail
way has let contracts for the con
struction of their road from Eugene
to the coast.
Cyrus H. Walker, oldest living
white man born west of the Rocky
Mountains, celebrated hi 73d blrht
day at Albany Thursday . He was
born at Whitman's mission, near
Walln Waila, December 7, 1838.
A Boston man has bought 400
acres of nice bottom land near Bend,
paying $30,000 therefor.
Portland is to have 30- weeks of
baseball next year.
Dfechutes has just completed a
line water system. It has a hlg res
ervoir, holding 1,250,000 gallons,
which Is located 100 feet higher than
the city. ; v ,- ,. i' i .
Tells Consumptives Dow
He Got Well
Tuberculoma Is said to he curable by
simply living In the open air and taking
an abundance ot freab eiftrs and milk.
Undoubtedly, some Demons nre benefited
In this way; but the appropriate remedy
for Conxuuiptlon Is Erkinan's Alteratlva.
Do all you nowilbly cun to add to strength
and hiereime weight, e:if wholesome, nour
ishing; food, and breathe the cleuneif and
purest air theu. to the sennible things ot
right living-, add the tonic and .-iirntive
elects of Ki knun s Alterative. Kead
what it did In this cuse:
600 West Htreet, Wilmington, Del.
' "Gentlemen: In January, vm, I was
taken with hemorrhnges of the lungs.
My physician, nue of rc leading practi
tioners, said thut It was lung trouble. 1
took ek'ga mid uiilk 111 quantities, but 1 got
very wenk, and I kept on working In tho
tore. The doctors said I would not gain
in weight as long as I stayed In the store,
but I kept on working mid prayed eticn
day that I might get well. I believe my
pri-yers weie i'.nswered, for Mr. C. A.
Lippiucott, my employer ll.lppincntt
Co., Department Store. 3ti6 to 314 Market
street, Wilmington, Del.), li.id learned of
t remedy railed Kckuian'g Alterative that
had done great good, and uHn his rec
ommendation I beguu taking It nt once.
This was about June, 1IHKS. I conMuued
faithfully, mini; no other remedy, and
flimily noticed the clearing of the iungs.
which apiea'ed to be old chunks of blood
coming up. 1 now have no trouble with
my lungx. I firmly believe Kckuuiu s
Alterative saved iny life. I sent my spit
tle inter to the Mtute Board of Health to
be. examined for tuberculosis bacilli, and
Kite were found.
'My mother died from Consumption
when I Was about two yeafs old.
"I make this statement so taut others
may learn of the wontertul merits of
Hklunan's Alterative. I regard my recov
er)' being miraculous."
8U,'ncd Alll.lavtt) JA3. BQUlltKX.
Kckiuaw's Alterative Is effective in Bron
chitis, Asthma, May Kever; Throat and
Lung Troubles, and In upbuilding the
system. Does not contain poisons, ophite
or hablt-Tornilng drnga. Ask for booklet
ot cured cases' and write to Kckinan
Laboratory, Philadelphia, Pa., for more evi
dence. For stile by ail leading druggists ant
J. C, Perry, Salem.' Oregon.
Wins Fight for Life.
It was a long and bloody battle for
life that was waged by James B. Mer
ehon, of Newark, N. J., of which he
writes: "I had lost much blood from
lung hemorrhages, and was very weak
and run down. For eight months I was
unable to work. Death seemed close
on ray heels, when I began, three
weeks ago, to use Dr. King's New
Discovery. ' But it has helped me
greatly. It Is doing all that you
claim." For weak, sore lungs, obsti
nate coughs, stubborn colds, hoarse
ness, la grippe, asthma, hay-fever or
any throat or lung trouble it's su
preme. 50c and $1.00. Trial bottle
free. Guaranteed by J. C: Perry.
All patent medlcints or mpdlninoa ad
vertised in this paper are for sale at
DR. STONE'S
Drug Store
The only cash drug store in Oregon,
owes no one, and no one owes it,
carries large stock; its shelves,
counters and show cases are loaded
with drugs, medicines, notions, toi
let articles, wines and liquors of all
kltfds for medicinal purposes. Dr.
Stone is a regular graduate in medl
cine and has had many years or ex
perience In the practice. Consulta
tions are free. Prescriptions are
free, and only regular price for med
icine. Dr. Stone can be found at his
drug store, Salem, Or. from 7 in the,
morning until 9 at night. . North
Commercial street. Salem. Oregon.
i
TiiSiiifif
for backache. rheiimntUm t..-j '
Fol, Kidney Pill.
3ERY CAN GUARANTY
US
The power behind the dough must be quick and positive in action
it must produce certain, satisfactory results and yet be pure
and wholesome, K C Balling Powder is the scientific com-
bination of all these desirable
of good housewives know that
nre, and we ask yon for your
Powder at least once. Guaranteed pure under all pure food
. laws. - Your grocer will
not pleased. It will solve your bake-day problems.
How to get the
( The KC Cook's
easily-made
receipt of the colored certificate packed in the2S-ceni
can.
Mfg.
K0TICE
Of Appointment of Viewers on the
Opening, Widening and Extension
of Cherry Avenue, from Highland
Avenue In North Salem to the North
City Limits, In the City of Snlem,
Oregon.
Notice is herebv given ; that the
common council ot the city of Salem,
Oregon, did on the 4th day of Decem
ber, 1911, duly appoint J. A. Baker,
John W. Roland and T E. Caufleld,
viewers to ascertain and apportion
the damages accruing to the owners
of property on account of the open
ing, widening and extension of Cher
ry avenue from Highland avenue In
North Salem to the north city limits
in the city of Salem, Oregon, and to
make an assessmert of the benefits
accruing to the adjacent property on
account of such opening, ' widening
and extension of Bald street and that
the 20th day of December, 1911, at 10
o'clock a. ni of said day. at the of
fice of the city recorder at the city
hall in the city of Palem,' Oregon, has
been appointed as the time and place
Yor said viewers to meet and make
an assessment of the damages and
benefits to the adjacent property on
account of the opening, widening and
extension of ald street.
' That the private property which
will be appropriated by the opening,
widening and extension of said street
and the names of the persons pur
porting to be the owners thereof are
as follows, to-wit:
Oregon Electrio Railway Company:
Commencing at the intersection of
the north line of Highland Avenue,
and the east line of Cherry avenue
In the city of Salein, Oregdn; thence
east along the north line of Highland
avenue eight feet; thence north and
parallel with the east line of Cherry
avenue 233.64 feet; thence west eight
feet to the east line of Cherry ave
nuo; thence south along the east
line of Cherry avenue 233.64 feet to
the place of beginning. '
H. E. Pemberton: , .
Commencing at a . point on the
Morris' Avenue Cash Feed
and Grocery Store
Corner Morris Avenue and Fair (ironnd Road
PIIOJfE MAIX 1497
5 gal. Kerosene (bring can) .... , 65c
Nice Sugar Cured Hams, lb " """.'l7c
14 lbs. best Cane Sugar $100
5 lbs. best White Beans 25c
Nice Sugar Cured Bacon, lb.. .a " "' 17c
Nice Sugar Cured P. N. Hams...'.'.".' '!""! ""!!!l2c
Two 1-lb. papers A. & H. Soda ' 15c
- . 2 lbs. best Tillamook Cheese ..35c
Albers Cream Rolled Oats.. 25c
10 lb. sack Corn Meal 25c
. 11 bars Crystal White Soap '."'. ..5Cc
11 bars Sunny Monday Soap '. ....50c
11 bars A. B. Naptha Soap f 50c
PolM6 the. best 25c Coffee ,n Salem, 'im
perfection Flour, sack .. $1 10
Highland Blend ...... '" "" ji'25
Yakima Best V.....'.. " . .!!$l-35
I will pay your street car fare on $5.00 or over purchase
Come and see we; 1 will save you money.
FREE DELIVERY
: ' - - - - ' j
""Htl V ..W
re tonic in 3 " :t,rUble and urinaryirregulant.es.
PFn Tenet n ,0D' quIck ,a ruIt- Refuse substitute
RED CH0SS PHARMAL'Y.
ilie ;doii$i
qualities. Hundreds of thousands
K C has made bake-day a pleas
own sake to try K C BaKlng
return your money, if you are
Cook's Book Free
Book, containing 90 tested,
recipes, sent fr0 ufion
imna u toaay.
Co.
north line of Highland avenue eight
feet east of the intersection of the
east line of Cherry avenue and (
north line ot Highland avenue; thence
east along the north line of Hlgi.
land avenue two feet; thence north
and parallel with the east line of
Cherry avenue 233.64 feet; thence
west two feet ; thence south and par
allel with the east line of Cherry
avenue 233.64 feet o the place ofhe.
ginning.:
Willamette Construction Company;
Commencing at a point on the
east line of Cherry avenue 233.64
feet north of the north line of High
land aveue; thence east 10 feet;
thence North and parallel with the
east line of Cherry avenue, 12l"j
feet to the center line of Locuit
street, said center line beinr ih.
north city limits; thence west along
the center line of Locust street 11
feet; thence south alone the east liw
of Cherry avenue. 1247.36 feet to the
piace or oegmning.
CHA3. F. ELGIN,
12-6-llt-dIy City Recorder.
. ..i . . q
DOWNWARD COURSE "
Fast Being Realized by Salem People
A little backache at first.
Dally increasing till the back It
lame and weak.
Urinary disorders quickly follow;
Diabetes, and, . finally Bright disease.
This Is the downward course ol
kidney ills.
Don't take this course. Salem res
idents should profit by the following
experience.
streets, Dallas, Ore., says: "In 1907
I publicly endorsed Doan's Kidney
Pills and I can now confirm that
statement. This remedy was used in
my family and it brought relief from
backache and other symptoms of kid
ney trouble."
For sale by all dealers. Price, 50
cents. Foster-MIIburn Co., Buffalo,
New York, sole agents for the United
States.
Remember the name Doan's and
take no other
Children Cry
FOR FLETCHER'S
CASTORIA.
J