The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1894-08-24
CAN AN ORDER BE HAD /?
More About Mr.. Daly's Proposed
o. p. Extension.

Hon. John Daily came out from the bay
Tuesday and will represent Lincoln county
on the board of segregation in the tax mat
| ter In conversation with a GAZETTE re-
+; porter relative to his proposed extension of
the Oregon Pacific, Mr.. Daily expressed
hinlsclf as being perfectly confident of ulti.
mate success. He says all the necessary
funds be had for completing the work
it the parties who advance the money can
be secured on the sixteen miles of newly
built roadbed and track
There would probably be no trouble on
this score as the company making the. ex.
tension would be entitled to statutory
lein upon the road butt by them. The
sticking point seems to be, not so much in
securing the necessary funds, as in getting
the matter in tangible shape for the organi-
cation OF Company to complete the work.
The. roaslbe.i for distance Of four miles is
already com. .ieted and is part of the mort
gagged premises cow in the hands nf the
court. This is also true of the right of way
over the entire sixteen niles.
The question under these circumstances
that confronts Mr.. DAILY and his coworkers
is: Has the court the legal right right to
make an order in the premises that will not
he laden with conditions sufficient to ren-
der consumation OF the project impossible.
Many claim that the Oregon Pacific COM
pauy has forfeited it's charter and right Of
way BY its failure to complete the line to
an eastern connection in the time specified.
On this ground the court would have no
jurisdiction in the matter as it would be
entirely out of his hands. Therefore if the
judge is to act in the premises it must be
assumed that the company has forfeited
none of it's rights, and if the plan to extend
the road to Independence prairie IS to suc
ceed, it must be known for certainty, that
Judge Fullerton has the legal right to turn
over to the new organization all the rights,
franchises and right of way of the Oregon
Pacific, SO far as it effects the proposed ex-
tension, together with four miles of road
bed, all of which are portions of the mort
gagged property now in the hands of the
court under foreclosure proceedings.
Unless such an order be had there
will be no adequate security to offer for the
money necessary in carrying out the plan.
With proper showing from the receiver
urging the Importance of the completion of
this work and the consent of all parties in
interest, the court could grant the order
and the possibility of future trouble and
expensive litigation would he thus avoided.
The best interests IF large portion of
the state and the future welfare Of the road
demand the completion of this proposed ex.
tension at early date. Mr.. Daily says
that 30 far as he is able to learn most of the
interests involved in the present intermin.
able litigation are favorable to the project
It is automatically stated, however, that Mr..
VIM. M. Hoag, while in this city recently,
expressed himself as being, decidedly op.
posed to the measure. 1t is perhaps possi-
Bile that he has not had the matter explained
satisfactorily and upon more thorough iu-
vestigation of the merits of the plan he
might see the wisdom of favorag it.
Tuesday night the barn of Hiram Wood.
who lives i'll Blodgett's valley, was burned
to the ground together with two head of
horses and large amount Of farm ma
chinery that was stored in the building.
The loss sustained will amount to several
hundred dollars with no insurance. The
cause of the blaze seems to be wrapt in
mystery. Shortly before the fire occurred
Mr.. Wood had been at the barn and watered
his horses. While there it is supposed he
lighted lantern, which it has been his GUS
tom to keep in the stable, and dropped the
lighted match on the ground which ignited
with the loose straw and caused the fire.
Mr.. Wood, however, dis1emembers having
lighted the lantern, still the loss can be ac-
counted for in no other way, as he returned
from the barn only few minutes before
the blaze was discovered.