davidaulloa/AmericanStories huggingface dataset:
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
CITY CONTROVERSIES.
Suits in Which Salem is a Party
The Contest Over the Earth
Suits for Damages.

Acting City Attorney Geo. q.
Bingham, filed a demurrer Wednes-
day to the complaint of Hattie Eas-
ton vs. the city Of Salem in the
circuit court. This Is the suit for
damages from the big fill south of
the Commercial street viaduct en-
croaching upon private property
and will come up at this term.
THE CONTEST FOR THE EARTH
is practically settled. The report of
the council proceedings is printed In
this issue. A reporter called Geo.
G.. Bingham, who has been doing
the work Of the attorney says: The
opinion he has given on the ques-
ton between the city and contrac-
tors as to who owns the earth, has
no binding effect and is only his
judgment. Ny opinion is the con-
tractor has no right to it whatever.
Our street work is all pioneering,
and we must go slow and keep with
in our charter. The street commit
tee asked for this opinion Wednes-
day morning, for the evening spe-
cial session. If the city has no use
for the earth in question, it belongs
to the frontage owner, as against
the third party.
THE CONTRACTORS
say they have never claimed any of
this earth except such as was suit
able to make fills on the sire 1T. Soft
earth has been hauled to Wilson
avenue from places where the streets
had to be cleaned. Bingbams opin-
ion has no effect upon their contract,
they say, and their work will go
ahead.
THE POLL TAX CASE
Of the city against the county will
be decided at this term of county
court. 1t is likely final decision
will not be reached there, but Il writ
of review will have to be taken to
the circuit court.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
STATE HOUSE NEWS.
The Old Capitol all Torn UPPER
sonal Items-Big Pay Roll.

Work on the dome of the state
house, reconstruction of the legisla-
tive hall and the heating and ventila-
ting apparatus is being pushed by a
large force of men. Legislators will
not know the old structure as recon-
structed.
Governor Pennoyer is very happy
over his Roseburg speech, where he
broke entirely with his old ally, the
Democratic party. He feels very
much under obligation to Editor
Kaiser, of the Ashland Record, for
the interest he took to give the
speech a big circulation.
Geo. w. Davis, of the School
Land office, is home from trip to
Portland.
Work on the improvements at the
state asylum for insane have pro.
gressed finely during the fine
weather.
Geo. w. Meservey, delinquent
school clerk from Curry county, ar
rived last night for the state prison.
He was sentenced one year for lar
ceny of some of the funds, but there
are favorable circumstances and
strong petition for his pardon ac-
companies his papers. He was poor
and creditor pressed him. He
used the public money.
Commissioner Colvig, of the Rail-
way Commissioners, has all the re-
ports from the companies operating
in the state except the S. P. Co. and
the U. P. Co., and in hands of the
state printer.
Commissioners Hamilton and
Glow, and Clerk Miller, are making
an inspection of railroads. They
covered the Oregonian line from
Woodburn to Natron.
The citizens of Tangent, town of
800 people. on the S. p. Co., has no
depot and has petitioned the Board
to have one erected. The town
makes good showing of business,
State Treasurer, Phil Metschan is
still bachelor-his better-half hav-
ing been in Eastern Oregon
since July.
The quarterly payroll of the asy-
lum was paid in warrants today and
amounts to the sum of $40, ,706.89.
Frank Hodgkin has put in week
at La Grande, Pendleton and Walla
Walla for health, pleasure and a
little business. He is expected back
today.
DIR. Williamson, of the asylum, is
another state employe who is grow
ing beard, Hodgkin in not alone.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

CAPT. PRATT's FIGs. Salem has
at least one successful grower of figs.
For years he has grown the white
Adriatic variety and only in an oc-
casional season has the fruit failed to
ripen. This year the captain is hap
py because he was awarded the prize
at the Portland exposition for the
best display of figs in glass. 1t is to
be remembered that these figs were
grown in open air.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

FRISCO DAILIEs.-J. l.. Bennett
q Sons, adjoining the post Office, are
the authorized agents for the Ex-
aminer and the Chronicle. Papers
delivered or on sale at this stand.
These papers give more later and
better news than any other coast
papers.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

A GREAT WOOD MARKET.-A
citizen who has figured the matter
closely estimates that the amount
of wood consumed in Salem during
year will reach 100000 cords.
This means over halfa million dol
lars year for fuel, and large
part of that amount is paid for la
bor.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

PRoBATE.-In the matter of the
estate of f. E. Eldrige, deceased;
petition for confirmation of sale of
real property set for hearing October
Sth----In the matter of the estate of
Elisha Barnes, deceased; petition
filed for ali order requiring the ad-
ministrator to file final account.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

Rock CRUsHERs.- 1t is not gen.
orally known that Salem has q
number of rock crushers In success
full operation, but such ia the case.
To be convinced of this fact one
need only to ride In the electric car
along the new street improve
ments. They are crushing cobble
stones every hour of the day.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
Doctor Yourself

and save money, and perhaps your
life. Send thee 2-cent stamps to pay
postage to A. p. Ordway Il Co., Bos-
ton, Mass, and receive copy Of DIR.
Kaufmann's great Medical Work
100 pages, elegant colored plates.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

NOT A FAKE SToRE.-Our scale
of prices are such that we cannot
cash worthless 10 per cent coupons
in order to get trade. We sell at
close bargains and will not offer
premium of 10 per cent to have our
patrons send money out of town for
inferior cyclopedias. Clark q
Enrlav
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

ADRIATIC FIGs.-They have so
far been unable to secure enough Of
these tropical fruits to supply their
trade, but in all other varieties Of
Oregon and Californian fruits Squire
Farrar & CO. are on top.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

ToDD.-The best heating stove in
the world is The Superior Todd.
Call a see them before you buy,
Charles Smith, 24S Commercial
street.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

The CHINA CASE.-This after
noon the case of Doug Foy is being
tried before Recorder Goodell. He
is charged with kidnapping Fung
Lee. The latter arrived today from
Portland, accompanied by number
of prominent Presbyterian ladies.
III. j. Bigger Ia conducting her case,
assisted by Tilmon Ford while p. II.
Darcy is attorney for the defence.
The court room Is crowded with
Cinnamon witnesses aud spectators.
A Mongolian interpreter is en,-
ployed, and quite an interesting
time Is being had.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

ALL RIGHT AGAIN.-The big
pump which was lately disabled at
the water works, is again fully re-
paired, and the water supply will
now be furnished with greater ease.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
AT The COUNTY COURT.
Official Proceedings for the October
Term Wednesday and Thursday.

County court met Oct. 5, with
judge and commissioners present.
In the matter of county road forty
feet wide from or near Elkhorn to
or near Capital mine air shaft; juris-
diction.
| Commissioner Anderson was
authorized to examine the ground
and order the required number of
feet of lumber for bridge in road
district No. As.
John Eagan and forty-two Others
petitioned for bridge across Butte
creek, between Marion and Clacka-
mas counties on the line of the J..
l.. Seeley road. The courts of the
two counties meet at the proposed
site on Friday morning.
H. B. Gearin granted ferry license
across Willamette at Newberg.
Peter Kuscbnick and ten others
petition for bridge across the
slough which crosses the new road
from Mt. Angel to Gervais.
Nathan Boyd, 81 years old, and a
sufferer from three cancers, was al
lowed $40 per month for support;
Andrew Layson disbursing agent.
The claim of the City of Salem VS..
Marion county for road tax rebate
ordered to be considered at this term.
Proposition to make a present
ow wnership book to contain the names
of the present owners of real estate,
with date of deeds. etc. ALSO be acted
upon at this term.
The petition for 40 foot road by
r. Reid. ct al, was not granted for
want of bond and no notice given
by posted notices.
The court will go TO Woodburn to-
morrow to meet the Clackamas
county court in reference to a joint
bridge on the Seoley and Kemp road
across Butte creek.
The consignment of James Nick
less to the poor farm was confirmed
by the court.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

Trade with Clark d Eppley, where
the prices are not advanced 10 per
cent In order to cash worthless cou-
pOns.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

The Trent, Lane county Lumber
ing company, has filed articles Of
incorporation, capital $4,000.
The shade trees will remain.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

No PETs.-At the Blue Front one
mans dollar buys as much as an
other. The Blue Front sells for
cash, not for Cyclopedia coupons.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

A Coon IN TOwN.-This morning
a young coon was placed on exhibi-
tion at Davinson d Whites fish
market. He Is beauty.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
THE COUNCIL DECIDES
What to Do With the Shade Trees,
Cutters and Dirt.

At special session Of the council
held last evening the following
legal opinion was received from the
acting city attorney.
"To w. M. Hunt, chairman of
the committee on streets and pubic
property: In reply to your quest
ion as to the power Of the city to
make changes in the manner of the
work on street improvement, the
cost of which is to be paid by the
adjoining lot owners, i beg leave to
say, that, in my Judgment, when 1t
is found advisable to make changes
in the manner of doing the work,
the city can make such changes
when they do not materially in
crease the cost of the work and do
no injury to the adjoining lot
owners. The city can do nothing
which will materially prejudice the
rights of property owners, but 1t
can make amendments and changes
which do not substantially impair
the rights of the citizens.
"Tbe lot owner has the right to
have the work faithfully aud prop
erly done. 49,. -,
excavated, / am of the opinion that
the contractor has no right to It
whatever. Where its removal Is
necessary to the general plan of the
improvement, it can be removed
from one part of the contemplated
improvement to another, but when
it is not SO required, the city cam
not so appropriate 1t against the OBJ
lection of the lot owner, provided he
will bear the cost of removal him.
self.
"Some courts have held that a
city in grading n street may remove
the soil and use it In grading that
street, ar any other street in the
citv, aud that as between the city
and the abutters or owners Of the
fee, the city is entitled to all the
surplus earth arising from improve
ment of a street.
"Whether our courts will follow
these decisions or not, l cannot say,
but to me they seem to be founded
on good reason,
Respectfully submitted,
GEO, 1t. BINGHAM"
On motion of Alderman Moores
the city engineer was instructed to
permit the contractor to use as much
of the excavations as was necessary
for fills, under the engineers super.
vision.
STREET MATTERS.
On petition Alderman Collins was
given permit to improve the street |
in front of his Court street property,
with broken rock.
Ladd & Bush's petition for cob !
BILE stone gutter was lost. /
The city engineer was instructed
to widen the walk to sixteen feet on
the west and north sides of the
hotel. He was also in
structed to run the gutter around
the trees and watering tank at Ladd
&. Bush's bank, providing Ladd &
Bush make the necessary repairs.
The city engineer was instructed
to require the electric line aud other
poles to he moved outside of the
curb lines.
The remonstrance of the William
ette Valley Milling Go. against the
travel of gravel teams oyer the cover
ing Of the race on front street was
referred to the city engineer with
power to act.
On motion of Moores a concrete
walk was ordered in front of the
city buildings on State street be-
tween Liberty and High.
CLAIMS ALLOWED.
B. A. Lewis was allowed bills
amounting to $64.9O for boarding
prisoners during August. ]. e. !
Mccoy was also allowed the balance
1ue him on Winter street bridge.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

Nobody sligbted on account of the
rush at Hellenbrand's.
Alderman Hunt Is in Portland.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

After a sea diet, to prevent boils
and assist acclamatstion, use Ayers
Sarsaparilla.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

Tin fruit cans-one and two
quart-at Steiner & Blosser's, State
street. l0-l-tf
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

ONCE TRIED ALWAYS WANTED
Those cold storage meats at Ed.
Cross market.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

Room MADE.-A small beginning
is frequently good omen, aud with
energy applied, frequently result in
good endings. This is proven the
case with the grocery house of Clark
& Epply. The shelf room In their
store has just been doubled and still
they hardly have room for their
goods. This firm has had steady
growth ever since its existence, and
their prosperity is the result of hon.
est methods and good service.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

The Best salye In the world for Cuts,
Sores, letter, Chapped Hands, Chilblains,
Corns and all Skin Eruptions, and posi-
lively cures Piles, or no pay required. II
Is guaranteed 10 give perfect satisfaction
or money refunded. Price, 25 cents per
box. For sale by Dan'l J. Fry, 225 Com st.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
fHE CAPITAL JOURNAL.
THURSDAY Y,--------OCT. 6, 1892.
GILBERT h PATTERSON,

Dealers in Groceries, Crockery,
Glassware, Paints, Oils, Varnishes,
Brushes, Windowglass, Etc. Sole
Agents for Epicure Tea and Big
Can Baking Powder.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

Mrs. w. w. Skinner and son are
n Portland.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

DIR. J. M. Keene returned from
Portland this a. m.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
AT THE FRUIT PALACE.

Tons Of choice Concord grapes.
Must be sold. Price no object.
M. Il. RINEMAN,
132 State street.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

Hoods Pills cure constipation by
restoring the peristaltic action of the
alimentary canal. They are the
best family cathartic.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
THE POLL TAX CASE
What Stronger Proof

Is needed of the merit of Hoods Sar-
saparilla than the hundreds Of let
ters continually coming in telling of
marvellous cures it has effected after
all other remedies had failed? Truly,
Hoods Sarsaparilla possesses pecu-
liar curative power unknown to
other medicines.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06
GEO. ID. GoODHUE. X. CAHILL.
BUILDING MATERIAL.

Lime, cement, plaster, hair, fire
and building brick, fire clay, sand,
gravel, blacksmith and house coal,
wood, all kinds, wholesale and re-
tail. Office 95 State street.
GoODHUE & CAHILL.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

AT the office of the justice OF the
peace in this city, Wednesday, Co
tober 5, 1892, David M. Dryden and
Sadie A. Broughton, James Batch
elor, J. r., officiating.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

T osT; II salem q on ,..s shs ~, rosd s1.,s @
Containing bills and accounts. Finder
will receive liberal reward by leaving
same at tbs JoURSAL Office.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

yVANTED.-LodgiDg aud board at q 50
w por week. A. good ~ any private
house In the city. Attn Winter, between
state aud Trade. l0l5>
Evening capital journal. (Salem, Or.) 1888-1893, 1892-10-06

N W. TowNsENp, ciyn Eugiaser ana
~. surveyor. offiee with Oregon Land
Co, SALON, Oregon.
The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1892-05-12

Committee on races-Wm. Riggs,
Thos. Pence, VIM. Sommercamp.
Committee on program-Wm.
Riggs, James Coakley, John Mulloy,
John Ennor, NJ. Johnston.
On arrangements-B. w. Waiting
ton, w. NJ. Wallace, P. A. Devers,
o. M. Harvey, John Nevin, John w.
Ayers.
On music-Dr. Numbers, VIM.
Vancise, W. A. Lyons, G.. NJ. Water
house, M. l.. Vial.
On advertising-R. Il. Lockwood,
Frank Harris, NJ. Johnston.
On liberty car. G. Hill, Al
Hopkins, Geo. Tracy, w. E. Bowen,
A. Sears.
On plug uglics-Frank Waiting
ton, Ben Kivett, DR.. Curl, Geo. Da-
Wis, Ben Hopper, Pink Hopper, My
ron Riggs.
On transportation-C. G. Miller,
b. NJ. Jenney.
Ladies' committee-Mesdames An
drew Riggs, Gilbert Tracey, Coakley,
Shirley, Nevins, B. NJ. Jenney, N. Nj.
HAWTHORN Sol Jeffreys and A. Sears.
The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1892-05-12

In the district court of the 3D. judicial dis
| trlct of the state of Idaho, in and for
Washington county.
In the matter of II. l.. IIursh and Charles
Hursh. co-partners, insolvent debtors:
i. l.. Hursh and Charles Hursh. CO.
partners under the firm name of Hursll
Bros, having filed in this court their pc
tition schedule and inventory in insol-
vency, by which it appears that they are
insolVent debtors, the said firm and CO.
partnership are hereby declared insolvent
The sheriff of the county of Washing
ton, state of Idaho, is hereby directed TO
take possession of all the estate real and
personal, of the said p. l.. Hursh and
Charles Hursh or either of them, except
such as may be by law exempt from ex-
ecution, and of all their deeds, vouchers.
books OF account and papers, and to keep
the same safely until the appointment of
an assignee of Their estate. All persons
are forbidden to pay any debts to the said
insolVents or either of them. or To deliver
any property belonging to them or either
OF them or TO any person, firm or corpora-
ton, or association for their or either of
their use, The SAID debtors are hereby
forbidden TO transfer of deliver any prop
erty until the further order of this court.
except as herein provided.
1t is further ordered that all the cred
itors of said debtors be and appear before
the Hon. Il. Nugent, Judge of said district
court IN ami for said county of Washing
ton. IN open court at the court room of
said court, in the town of Weiser. in said
county of Washington, ON the 10th day
of June. 1892, at . o'clock D. m. of that
day, to prove their debts and choose one
or more assignees of the estate of said
debtors.
1t is further ordered that the order be
published in the Weiser SIGNAL. a news
paper of general circulation. published i'm
the town of Weiser, in said county of
w Washington. once each week Intervening
between the date hereof and the dav fixed
Tor said meeting of creditors.
And IL is further ordered that in tbe
meantime that all proceedings against The
said insolvent is STAYED.
Dated the 2Gth day of February. 1890
f. NUGENT, Judge.
FRANK HARRIS, Atty for Petitioners.
Filed February 10Th, 1892
State of Idaho. county of Washington &C
Oiice OF the clerk of the district court
l. the undersigned. clerk of the district
court in aud for said county. do hereby
certify the above and foregoing In ha n |
lulI true and correct copy of the order |
leclarlng L. l.. Hursh and Charles Hursh |
lnSoivent, together with the filings there
Oh. ana the whole thereof. as the same
appears now on file in this office.
Witness my hand and the seal of
-sEALI SAID court at Weiscr. idaho. this
LIST day of March. AID. 1892.
l. |. +. SMITH, Clerk.
The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1892-05-12
summons

In the District court of the Third Judicial
district of the state of Idaho, in and for
the county of Washington.
The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1892-05-12
Notice to Delinquent Co-ownera in Nine.


To John 7. Smith and Mary Smith:
You and your representatives and sue
cessorS in interest are hereby notified that
! have performed work and labor on the
Harrison and Morton mine and ledge. sit
uated in the Washington mining district.
in Washington county. Idaho. to the
amount and value of one hundred dollars
during the past year. TO wit 1891.
That your portion of the cost of said
work and labor for said year is as follows:
twenty-five dollars (S25 0O) each. and Won.
and each of you, are hereby notified that
II you fail to contribute your said prnpor-
ton of the costs of said work and labor
within one hundred and eighty days QSO)
from the date hereof. your interest in said
Harrison and Morton mine and ledge will
become the property of the undersigned
your co-owner in said mine. who has made
the said expenditures and performed said
work and labor in accordance with and bv
virtue of the laws of congress in such
eases made and provided (section 1924 of
the Revised Statutes of the United States)
Mineral City, Idaho. January Il. 1899
1-itW THOMAS CHERRY.
The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1892-05-12

deadly missile into the unsuspecting
crowd at single enemy and
slaughters dozens of innocent persons
thereby Though we do not mean to
say your attacks were as deadly as
dynamite bomb. The personal
differences between you and your adj
vertisers is not our affair and we only
mentioned the matter so far as to
give their reasons, as expressed to
us, for so doing. This was done to
defend innocent people from any
effect your most certainly wrong and
unjust assertion that Weiser had
bodily rose up to smite you for daring
to "yip" in the Mineral road matter
might have. AS far as our feeling
glad over your loss of patronage is
concerned, how could we have made
our feelings palmer than when we
said no one could be further from
rejoicing over the fact than ourself?
You will admit that we have said but
very little in this warfare you are
making against good little town
and in which there are scores of good,
noble people. This was because we
saw it was useless to expostulate
with blind passion and believed others,
if mot yourself, would soon see the
matter in its true light e and
discountenance the too hasty out
break of temper against innocent
persons. The little we did say was
mostly when you tread on our
personal toe, and had you confined
your quarrel to its proper limits we
would have said less. When sober
judgement asserts itself we are sure
you will feel sorry for having given
your anger too wide range and for
accusing us of rejoicing over that
which you know we do not. 1t is
certainly debasing act on your part
when you descend so low as to
defame and slur people, and their
business, with whom you have never
had any dealings either for good or
evil.
The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1892-05-12

No, Lorton, we cannot see that we
are doing any sculduggery work for
any one in demonstrating with you
against bhndly disparaging the entire
town of Weiser and all her people
because you had difference with three
persons therein. You still had
advertisers and subscribers left. and
there were Others here with whom YOU
had never had any dealings and hence
could have no quarrel, and because
three advertisers withdrew you were
not justified in heralding that Welser
had boycotted you and vilifying it as
q town. Such a course is similar to
the bomb throwcr who filings his