davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15
500 Reward, 500.

The readers of, this paper will VI
pleased to learn that there is at Least
one dreaded disease that science has
been able to cure in all its stages, and
that is Catarrh. Hall g Catarrh Cure
is the only positive cure now known to
the medical fraternity. Catarrh being
a constitutional disease, requires a con.
stitutional treatment. Halls Catarrh
Cure is taken internally, acting direct.
ly upon the blood and mucous surfaces
of the system, thereby destroying the
foundation of the disease, and giving
the patient strength by building "
the constitution and assisting nature
in doing its work. The proprietOr
have so much faith in its curative pow
ers that they offer One Hundred Dol
lars for any case that it fails to cure
Send for list of testimonials.
Address F. J. CHENEY & CO., TOle
do, Ohio.
Sold by all druggists, 75c.
Take Halls Family Pills for consti
patton.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15

ing which Miss McElroy played Ruben
stein s Melody.
The bride was never so pretty as in
her nuptial robe of white silk mule
over taffeta, and carried shower bou-
auet Of bride s roses.
Miss Grace Rinemsn caught til e
BRIDES bouquet. Little George Neil
ROY received the guests at the door.
After the congratulations, dainty
wedding lunch was served in the din
ing room, which was in pink. The table
was very pretty, a huge center piece
Of La France roses, about which were
draped sprays of smilax, gave a very
pleasing effect. Miss Rineman and Miss
Cleaver assisted in the serving.
The bride is the eldest daughter of
Mrs. E. B. McElroy and the late Hon.
f. B. McElroy, and is beautiful and
accomplished young lady. Her home
is in Eugene, and she is very popular
in the society circles, and is well-known
in this city. She is sister of Prof.
Willis McElroy, leader of the Salem
Military Band.
Mr.. Luekey is prominent young
business man, of Eugene, and a gentle
man of sterling qualities.
Many friends from Eugene attended
the wedding, together with large cir.
cleof relatives and friends from this
city.
The happy couple have gone on
trip to the Puget Sound cities,
after which they will return to Eu.
gene, where they will make their future
home. They have the best wishes of a
large circle of friends.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15
SOCIAL
EVENTS
Luckey -McBlroy Wedding.

Miss Lillian Patton MeElroy and
Lester Alexander Luckey, of Eugene,
were married at the home Of the bride g
aunt, Mrs. J. P. Frizzell, corner Of
Court and Summer streets, last evening
at s. 0 clock.
The Frizzell home was beautifully
decorated. The front parlor was a
veritable bower of flowers and potted
plants. The colors, white and green,
were carried out with white china as.
ters and palms. The back parlor was
in red. Quantities of crimson dahlias
were massed against background Of
ferns and palms.
At s O'Clock, Miss Alicia McElroy,
sister Of the bride, played Men.
delshon's wedding march, and little
Agnes Marie McElroy, niece of the
bride, entered bearing basket of
roses, which she strewed in the path
of the bridal party. Mrs. J. p. Friz
zell was matron of honor, and Miss
Myra Loveride acted as maid of honor,
while E. r. Travis supported the groom.
The ceremony was performed beneath
a beautiful bridal bell of white sweet
peas. Rev. David Errett, pastor of the
First Christian Church pronounced the
solemn and beautiful ring service, dur.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15

PouItry-at stelner's Market.
Eggs-Per dozen, 25c.
Hens-Sc.
Young chiekens-se.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15
TIME CARD NO. %

No. 2 for Yaqulna--
Leaves Albany -. ...12:4s
Leaves Corvallis 49,. :. 1,45p,,
Arrives Yaquina 80. 80. 5:4ppv
No. I. Returning
Leaves Yaquina 80. E. 7:1sA,
Leaves Corvallis .......11:sO An
Arrives Albany -. ....12:1s pv
No. 3 for Detroit
Leave Albany 80. -. 100 pu
Arrives Detroit -. 80. 600 pv
No. 4 from Detroit
Leave Detroit -. .... $3.50 AN
Arrives Albany 80. ....11:15Au
Train No. arrives in ALBANY /.
time to connect with the s. P. ua
bound train, as well as giving tws
three hours in Albany before deus
ure of S. P. north bound train.
Train No. 2 connects with the SD
trains at Corvallis and Albany gyI,,
direct service to Newport and Nh
cent beaches.
Train No. for Detroit, BreltenbuA
and other mountain resorts leaves A
bany at 100 p. m, reaching Detot
about 600 p. m.
For further information apply to
EDWIN STONE, Manager.
T. COCKRELL, Agent, Albany.
H. H. CRoNISE. Agent, Corvallis
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15
GRAVEL BAR CASE
DECIDED FOR CITY
Judge Galloway Concludes That Plain
tiff Has Vested Rights in Min
to Island

Judge Galloway this morning hande
down his opinion in the case of the Cit.
Of Salem VS.. Minto Bros. The facts ar
stated in the opinion, which is as fol
lows:
This is suit in equity brought il
this court by the City Of Salem a
plaintiff, against d. c. Mimic, John w
Minto, John Minto and others as de
PENDANTS, to enjoin the defendants from
interfering in any manner with the al
legged rights and privileges of the plain.
tiff to remove gravel from certain
gravel bar annexed TO that island, sit.
uated in the Willamette river, in Ma
rion county, Oregon, commonly known
as "Minto 3 Island.'
The complaint sets forth written in.
strument entered into on the 18th day
Of March, 1899, between John Mimic
and M. A. Minto, his wife, as parties
OF the first part, and the City Of Salem,
as party Of the second part, and asks
the court for a perpetual injunction
against the defendants, restraining them
in any way from interfering with the
rights Of the plaintiff in removing grav-
el from said bari also az considera.
tion among others, for the execution of
said instrument by the defendants 20
the plaintiff certain acts done and per.
formed by the plaintiff in and about
the procuring of title by Minto TO said
gravel bar from the State of Oregon.
The answer after denying all the ma.
terial allegations set forth in the com.
plant sets up, by way of new matter,
mutual mistakes in the execution of
said instrument; that the instrument so
executed is a mere license and therefore
revoeable AZ the will Of the defendants,
and asks for decree Of reformation
that said instrument be declared a
mere license, receivable at the will OF
the defendants, and an order restrain.
ing the plaintiff from further exercising
any rights In or upon said land
The reply controverts the new matter
get up in the answer. Under the plead
ings thus set forth, in substance, and
the evidence introduced, the following
questions seem to be involved;
list. Did the state hold title in the
gravel bar AZ the time the complaint
mentions the plaintiffs as seeking titlei
ed. Under the pleadings and evi
denec introduced, should the instrument
upon which the suit is based be re.
formed ~ asked for in the answeri
Sd. What is the legal effect OF the
instrument executed by the Mintos, and
is II revocable at the will Of the defend
ants, or wholly irrevocable.
The first Of these questions is disposed
Of by decision Of our supreme court
(Minto VS. Delaney, Or, 337) where.
In II was definitely decided that the
state Of Oregon was not possessed OF
title in said gravel bar, but shat the
same was the property of Minto, by
reason Of accretion, This disposes of
this point, aud IL will not be copsid.
erod further.
The second question, as TO whether or
not this instrument should be reformed,
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15

as prayed for in the further and sepa
rate answer Of defendants, I thinl
should be disposed of in much the sam,
way as the first. IL seems TO be clearly
established in all the cases / have ex
amined that where there is a mistak,
In written instrument, which is mere
ly one Of expression or in terms suef
as an inadvertance or omission Of the
scriviner, equity will act specifically in
reforming the instrument by way OF
correction so as to place botn parties
in the position they would have oecu,
pied had the instrument been first cor.
reetly drawn. To warrant the remedy
Of reformation, however, the mistake
must have been mutual and must, If not
admitted, be clearly established by sat.
isfaetory proof, as well rs the precise
form and import of the instrument in.
tended. In this instance the proof of
mistake is wholly lacking, and there.
fore this matter may be considered out
Of the case.
This brings us to a consideration Of
the vital question in this case. That is
whether the instrument executed by
the Mintos to the City of Salem is a
mere license, revocable at the will Of
the defendants, or whether it is so
coupled with an interest in the gravel
that it is thereby irrevocable. Prepar.
atory to deciding the case / have ex.
amined large number of authorities,
the majority of which / have found col.
leeted in the notes to the case of
Wood VS.. Ledbetter, 13 Meeson & Well.
by's Reports, $40, s47, reported in the
10 English Ruling Cases at page 40, and
the ease Of Piper VS.. Brown, 40 Law.
yers' reports annotated at page 497,
and | must say that the authorities up.
on this branch of the law are very con.
ficting, and IL would be with consid.
cradle hesitation that I would render
the decision upon this point that / am
about TO annsunce, if it were not for
the opinion of Judge Lord in the case
Of Bingham VS.. salene, reported in the
18th Oregon, at page 2Os, which / deem
applicable to this question.
Therefofe, the decision of the court
will be that the plaintiff has a vested
right in the gravel, and the right to re-
move the same from the premises de.
scribed in the instrument set forth in
the complaint and answer; that the in.
Junction prayed for in PLAINTIFFS com.
plant be and the same is hereby grant.
ed.
However / think the conditions men.
toned in the instrument, as TO the
manner and place Of removal Of the
gravel should be strictly complied
with, and, while the court thinks that
the failure Of the city to comply in not
removing the gravel from the northeast
end of the gravel bar is probably a
proper subject for law court never.
theless, having taken jurisdiction for
other reasons, the court thinks that
there should be incorporated in the de.
cree these restrictions on behalf Of the
defendants and such will be the order
Of the court
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15
Excursion Rates to Yaqulna Bay

On June 1st the Southern Pacific
Company will resume sale of excur
sion tickets to Newport and and Ya
quina Bay, both season and Satur
day-to- Monday tickets will be sold
This popular resort Is growing in h.
vor each year, hotel rates are rease
able, and the opportunity for fishing
hunting and sea bathing are un@
celled by any other resort on the p
cifc coast.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15

PORTLAND MARKET.
Wheat Walla Walla, 79c.
Valley-S3c.
Flour-Portland, best grade, $425@
$40; graham, $35O@4OO.
Oats-Choice white, $l.20@1.25.
Barley-Feed, $50 per ton; rolled
$22.
Millstuff-Bran, $1,000.
Hay Timothy,$14@
Potatoes-Fancy, S1.25@1.40.
Eggs Oregon ranch, 23024c.
Poultry Chickens, mixed, 91a@lO1a
per pound; turkeys, 14@16c.
Pork-Dressed, 6h@7e.
Beef-Dressed, 496c.
Veal-6@7c.
Mutton-Dressed, 4@5c.
Hops-19OS crop, 22@25c.
Wool-Valley, 10000; Eastern Or.
egon, 1O@17c; Mchair 3Oc for choice.
Hides-dry. 1s pounds and upwards,
15@15hc.
Butter-Fancy creamery, 22hc.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15
MARKET QUOTA
TONS TODAY
make Salem Good Home Market"

PouItry-at stelner's Market
Eggs-Per dozen, 25c.
Hens-Sc.
Young chickens-se.
Harritt & Lawrence.
Eggs-Per doz., 22c.
Hop Market
Eggs-Per dozen, 24c.
Potatoes, Vegetables, Etc,
Potatoes-1hc.
Onions-2hc.
Wood, Pence Posts, Rta
Second growth-s5.75.
AFh-sS.OO to I3.75.
Grub oak-$6.50.
Cedar posts-12hc.
Hldes, PeIts ard Fura
Green Hides, No. 1-sc.
Green Hioes, No. 2--4c.
Calf Skins-4Q5c.
Sheep-75c.
Goat Skins-z6c to S1.es
Grain an6 Flour
Oats-Buying, s1.10 per cwt.
Barley-$21 per ton.
Wholesale, 3.75.
Live Stock Market
Steers-2@2kc.
Cows-1@1%c.
Sneep-s1.50@2.O0.
Dressed veal-445hc.
Fat hogs-595hc.
Hay, Feed. EtS,
Baled cheat-$10@$11.
Baled clover-$10.
Bran-$22.5O.
Eggs-23e, cash.
Eggs, Butter and Cream.
BY Commercial Cream Co.
Eggs-16c. cash.
Butter-25@271a.
Butter fat-221kc, at station.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-15
You Can't Afford

To walk to or from the depot when
you can have cab take you for 25c.
Simpsons stables, opposite the court
house.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
HARMONY LODGE, No. 8, |. o. O. r

Meets every Monday evening at 1880
In Harmony Hall, King street.
w. +. HALL, N. c.,
e. r. HENDRY, Secretary.
All visiting brothers very cordially
Invited.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
BOTH PUGILISTS
WILL BE NO DRAW
ARE CONFID. Mt

Unless signs fail the fifteen round
90 between Barry and Cyclone" Kel.
ley, scheduled for the evening of Apri!
20, will be one of the evenest matches
ever pulled off in this town. The prin-
cipals are spurred In their preparations
for the bout by recollections of three
previous fights, two Of which were
arawn battles. Kelley and Barry's first
light ended in draw. The second was
won on points by Kelley after fight
Ing the limit, which was fifteen rounds
The third was draw and the coming
tight finds each man ON the tiptoe OF
strenuous anticipation.
Frank Nichols, who is Kelley's
trainer, says he has seen all three OF
the previous fights between the tive
men and that II Kelley cant defeat
Barry this time he doesn't know who
can.
Kelley trains up to the limit daily.
lie fought three rounds with ,Huihui,
the Hawaiian, yesterday, and followed
II up with two rounds with Wyoming
Kid He finished the days training
with an hour at the punching bag and
q turn at shadow work.
Barry is also confident of the results
Of the fight.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
Commissioner
Of Foods Report

At the meeting of the Board of Health
yesterday rood Commissioner Duncan
submitted the following report:
Honolulu, Hawaii, April 7, 1904.
To the President Of the Board of
Health.
Sir:-l herewith submit a report Of
the work done in my division during
the month OF March. 1904.
One hundred and two milk samples
we're examined. Those above standard
,9d) were obtained from the dairies
noted and gave on analysis the fol-
lowing figures:
Here the rigures obtained follow.l
Three samples butter obtained from
dealers were found pure.
Two samples fresh meat were exam
ihed for artificial color and preserva-
uon, neither Of which were found.
One sample water from Moiliili dis
trict was found to be contaminated
with sewage. Further Investigation of
the water will be made and report made
later.
Three analyses were made for an
other department of the government.
Manufacturers of the goods reported
aduiterated last month have notified
me that they will have their goods
properly marked within the time given
for the purpose.
Respectfully submitted,
II, A. DUNCAN,
Food commissioner and ANALYST,
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
BATTLE PAINTER LOST.

st. Petersburg. April 1j.-Verestcha-
gin, Russia's great painter of battle
scenes. was probably lost on the Pet
ropavlovsk He was guest of Ad-
miral Makarofi.
Vasili Verestchakin was born October
26. 1912, at Tcherepovets in the gov
ernment Of Novgorod He became a
pupil OF Gerome at Paris. In 1867 he
was with Kaufman in the IurCOman
campaigns, the fruits of which he put
on canvas in Munich: and he reaped
a richer artistic harvest from a visit
to Indian in 1874. Still more famous
were his painfully realistic pictures of
the battlefelds of the Russo-Turklsh
war of 1877. In 1884 he made another
Journey to India, visiting by the way,
Syria and Palestine. and afterward pro-
duced series of striking but anti-con-
ventional pictures of the life of Christ
and other sacred themes. He also paint
ed gigantic pictures of the execution
OF mutinous sepoys by English soldiers
and of Nihiists by the. Russian au-
thorities. He has also written excel
lent and biographical sketches. His
paintings We're exhibited in New York
and Chicago in lSSS-S9. About a year
and half ago he completed painting
showing the Battle of San JUAN
which was considered one of his great
est works.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
RUSSIA SEEKS LOAN.

London, April 15.-It is reported
that Russia is seeking loan.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
VENTURA HAS SAILED.

The Oceanic liner Ventura left San
Francisco for Honolulu at IL o'clock
last night.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
WORLD NEWS By CABLE
(Associated Press Cable.
RUssIA's RULER MoURNs.

st. Petersburg, April 15.-An i'm
pressiye requiem was sung for Admiral
Makaroff and the men of the Petropav-
lovsk at the Admiralty church last
night. The Emperor attended and 90.
600 people stood outside with barred
heads. The loss of the torpedo de-
stroyed Bezstrashni and the damage
done to the Pobieda have intensified
the grief of the nation.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
SENATOR ExoNeRArEp.

Washington, April 15.-The Senate
has eXonerated Senator Dietrich OF
Nebraska on charges Of bribery.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
JAPANESE AT WIJU.

Shanghai, April l5.--The main force
of the japanese are at Win.
Future landings will be made near
Chulsan.
Seventy wounded Japanese soldiers
have been sent home fl om Win.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
ALExiEFF IN COMMAND.

st. Petersburg, April 15.-Admiral
Alexieff has arrived at Port Arthur and
taken temporary command Of the fleet.
Admiral Skrydloff will succeed the late
AdPiral Makaroff.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
PRESENTS TO MlKApo.

Seoul, April l5.-Yi-Chi-Ylng has
left for Japan TO return the Marquis
lto's visit and carry presents to the
Mikado.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
HEARST LOSES NEW JERssy

Trenton, April l5.-The partisans of
VIM. X. Hearst bolted the Democratic
State Convention and nominated con-
testing delegation.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
LOCAL and GENERAL
Read Wants" on page G.


BOOK BEER at the Pantheon
Saloon.
The symphony Club will hold a re-
hearsal tonight.
Outftters for card parties. See our
window display. Wall, Nichols Co.
Our typewriter ribbons are the best
in the market soc each. Arleigh =
Co.
Chas. Chillingworth leads in the
Woods 4 Sheldon shooting tourna-
ment.
Neatly furnished rooms at the Pop.
ular. 81, $3.50 and 81 per week. 1249
Fort street.
Kaai's mandolin orchestra will play
at roof garden dance at the Young
Hotel tonight
Lodge lie Progress will hold a special
meeting this evening with work In
the first degree.
Blank books Of all sorts, ledgers,
etc., manufactured by the Bulletin Pub.
listing Company.
Oahu Lodge, No. /, X. OF p, will
meet tonight at 1880 o'clock in Har-
mony Hall, King street.
The Elite Ice Cream Parlors are now
serving their Justly celebrated ice
cream at 10 cents plate.
Sewing machines cleaned and re-
paired at Watson & Vests. 162 Hotel.
Machines called for and delivered.
Governor Carter has invited the
members of the House to a dinner to
be given at the Young hotel Saturday
evening.
Fresh prunes, peaches, pears, april
cots, black figs. almonds and English
walnuts, cheap at Gertz Bros, Phone
White 1891.
HOME coLoREp SUPPLEMENT
next Saturday. This is something new.
II Is something great!
ARABIC" is for slate and iron roofs
and brick, stone and cement walls 1t
is the greatest preservative known and
cools fully fifteen degrees.
While shopping, you can have the
best rubber tires put on your vehicle
In few minutes by an EXPERT me-
chanic at Schuman's and at lowest
prices.
Captain John Gilbert. formerly cap
tain of the Coast and Geodetic Survey
vessel, Pathfinder, stopped in the city
from the Gaelic. He is at the Hawaii
an hotel.
Every boy and girl ought to have q
Brownie Camera, grown folks, too, for
that matter. They take excellent pie
lures and cost only 81 at Honolulu
Photo-Supply Co.
E. W. Jordan & Co., Ltd, are having
a radical reduction sale of all classes Of
dry goods, etc. This is a great oppor-
tunity for positive bargains. Don't
miss the chance of a life time.
Salary appropriations. House Bill
No. /. passed third reading in the Sen
ate yesterday afternoon with amend
ments made necessary by the decision
of the Supreme Court In the appropria-
tions test case.
Attorney w. w. Thayer, trustee, pre-
s6nts petition in Federal Court to the
effect that creditors OF the cigar busi-
hess OF David Lawrence a. Co., in bank
ruptcy, have the business carried on
for their benefit. Judge Dole has the
matter under advisement.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
$2o0 FREE.FoR.ALL.

The purse in the free-for-all race of
the llth OF June is 5000 instead of 500
as originally given out
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
PORT ARTHUR BLOCKED.

st. Petersburg, April 15.-It is rum
ored that the japanese have succeeded
In blocking the entrance to Port
Arthur.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-15
MORE FIRING HEARD,

Chefoo. April 15.-lntermittent fir
ing was heard at Port Arthur all day
Thursday.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-09-21
LONG LIFE HIS TOAST;
DIED THREE DAYS. LATER

(specialSto The Times -Dispatch.)
sNEyY Y DIRK, September 2O-."A Long
Life and a Merry One was the toast
a dozen jolly compa Mons drank to Ed
ward L g. Ellis and his beautiful young
wife Friday nishta at q banquet given by
Mr. Ellis at the Hotel Belleclare. Sew
geaty-seventh Street and Broadway
Yesterday morning the sorrowing widow
accompanied the body OF her husband to
his former home In Schenectady. He had
died of pneumonia in their apartments in
the Belleclalre at 3 O'Clock In the morn
ing, .EI
s So passed away, In the rapid style in
which he had lived. another Of New York's
5"good fellows. .'high rollers who
helped the Tenderloln and other gay
resorts keep up their regulations. But.
unlike most OF them. Ellis who was only
twenty-nine, died a wealthy man.
His fortune is estimated at about
S. 900. 900, IA
4 He had not made a penny Of It himself.
It and a great deal more were inherited
through his father from his grandfather,
John Ellis hard-fisted captain OF in-
dustry, who founded the locomotive works
at Schenectady that bore his name and
brought him in many millions
& The gay life of New York had known
two Ellises, the man who died yesterday
and his cousin. J. Elmer Ellis, endearingly
called bud" who died three years ago,
after having run through an immense
fortune. is