davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-01
Hahn v. Astoria National Bank, ct al
CIatsOp County.


John Hahn, appellant, v. Astoria
National Bank and ]. e, Higgins, re-
spondents, Appeal from the circuit
court for Clatsop county. Hon. ]. U.
Campbell, Judge, Submitted on brief
March Is, 1911. Motion to dismiss
appeal. G, C, Fulton, for respondents.
William c, Bristol, for appellant.
Moore, j.: Motion denied, with privi-
lege of renewing at hearing.
Moore, j.; This is a motion to dis
miss an appeal on the ground that
1t was not taken within six months
from the time the decree was rem
dered. This cause having been. tried,
the suit was dismissed January 4,
1910, and seven days thereafter plain
tins counsel moved to set aside the
decree, The term at which the suit
was dismissed expired by Limitation
February 12, 1910, without the court
hearing the application or making
any order continuing it. The motion
last mentioned was denied November
20, 1910, and on the 21st of the fol-
lowing month an appeal was taken
from such order and also from the
decree.
The rule formerly regulating the
setting aside of judgment was, so
far as involved herein, as follows;
The motion shall be heard and de-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-01

To Cure a Cold In One Day.
Take Laxative Bromo Quinine Tab.
let's. Druggists refund money II It
fails to cure. E. W. Groves sigma
'nre is on each box. Csc.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE OF PUBLICATION.
Department of the Interior,
!. S. Land Office, at Roseburg. Or

Department of the Interior,
U. S. Land office. at Roseburg, Ore.
July 20, 1911.
Notice is hereby given that Julia
A. Lytle, whose post-office address is
GIT N. 18th street, Salem, Oregon,
did. ON the 2Sth day OF June, 1910,
file in this office Sworn Statement
and Application, No. 06424. to par
chase the NEA section 80, Township
40, S. Ranges, West Willamette Me-
ridian, and the timber thereon, un-
der the provisions of the act OF June
3, 1878, and acts amendatory, known
as the Timber and Stone Law" az
such value as might be fixed by ap-
praisement, and that, pursuant to
such application, the land and timber
thereon have been appraised $3.50
the timber estimated 10000 board
feet at so cents per NJ, and the land
100000; that said applicant will Of
fer final proof in support of his APP
plication and sworn statement on the
9th day of October. 1911, before
register and receiver United States
land office at Roseburg, Oregon
Any person is at liberty to protest
this purchase before entry, or initi-
ate contest at any time before pat
ent issues, by filing corroborated
affidavit in this office. alleging facts
which would defeat the entry.
BENJAMIN Il. JONES,
Register,
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE FOR puBIIcAvIoN.
Deartment OF the Interior.


e. S. Land Office, at Roseburg, Ore.
July 10, 1911.
Notice is hereby given thar Ger
trude Blackburn Simpson, whose
postoffice address is Palo Alto, Cal
ifornla, did, on the l6 day Of No
yember. 1910, file IN this office sworn
statement and application No. n676S,
to purchase SWi4 NEA and WISE
u, SEA SEA-. section rs. township
"a s., range west Willamette mer-
idian, and the timber thereon, under
the provisions of the act OF June 3,
1878, and acts amendatory, known
as the Timber and Stone Law at
such value as might be fixed by ap-
praisement, and that, pursuant to
snch application, the land and tim
Der thereon have been appraised
$4,000, the timber estimated ESQ.,
600 board feet at 60 cents per NJ,
and the land $4,000; that said an
plicant will offer final proof In sun
port OF his application and sworn
statement on the 2Sd day Of Sep
tember, 1911, before Register and
Receiver United States Land Office,
at Roseburg. Oregon.
ANY person Is at liberty to pro-
test this purchase before entry, or
initiate contest at any time before
patent issues, by filing a corroborat-
ed affidavit In this office, alleging
facts which would defeat the entry.
BENJAMIN E. Jones,
Register.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
LENA COOPER,
NOTICE TO CREDITORS.

In the County Court for Josephine
county, Oregon.
In the Matter of the Estate OF Frank
NJ Oggler, Deceased
Notice is hereby given, that Mar
garette ]. McCaslIn, the undersigned,
has been appointed Administrative OF
the Estate OF Frank NJ. oggier, de-
ceased, by the County Court Of Jose
phine County, Oregon, and all per-
sons having claims against said es-
tate are hereby notified to present
the same, duly verified, to the under
signed Administrative at the law Of
flee of II. d. Norton, at Grants Pass,
in Josephine County, Oregon, on or
before the expiration of six months
from the date Of the first publication
OF this notice.
Date Of first publication, July 2S,
1911.
MARGARETTE j. McCASLIN.
AdministrntriX
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE FOR PUBLICATION.

Department of the Interior,
~. S. Land Office, at Rosehurg, ore,
July 1o.l9ll.
Notice is hereby given that John
w. Blackburn, whose postoffice ad-
dress is Ridgefield, Washington, did,
on the 27 day OF October, 1910, file
in this office sworn statement and ap-
plicatlon, No. 06706, to purchase the
Nancy, SEA NEh, NEi4 SIC "a
section 2S, township "a s., range 8
west Willamette meridian, and the
timber thereon, under the provisions
of the act of June 3, 1873. and acts
amendatory, known as the Timber
and Stone Law" at such value gs
might be fixed by appraisement, and
that, pursuant to such application,
the land and timber thereon have
been appraised $4,000, the timber
estimated 10000 board feet at 60
cents per M, and the land $4,000:
that said applicant will offer final
proof In support of his application
and sworn statement on the Esd day
of September, 1911, before Register
and Receiver United States Land Of
flee, at Roseburg, Oregon.
Any person is at liberty TO protest
this purchase before entry or init
late a contest at any time before pat.
ent issues, by filing a corrobrated af.
fidavit in this office, alleging facts
which would defeat the entry.
BENJAMIN r. JONES,
REGISTER
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE FOR PUBLICATION;
Department Of the Interior

Department of the Interior,
U. S. Land office. at Roseburg, Ore.
June 8, 1911.
Notice is hereby given ths. Emma
y. Lanphere. whose post office al
dress Is Long Beach, Cal, did, on
the 29th day of August, 1910, flo
In this office sworn statement and
application. No. 06556, to purchase
he e'A nwA and nwA ne u sec. "a
township So S.. range 6 west VIII
lamette meridian, and the timber
thereon, under the provisions of the
act OF June 3. 1878. and acts amend
atory. known as the timber and
stone law" at such value as might
DO fixed by appraisement, and that,
pursuant to such application, the
land and timber thereon have been
appraised; $4,000, the timber esti-
mated 10000 board feet at $500
per M, and the land nothing.
that said applicant will offer
tlnal proof In support Of her
application and sworn statement ON
the 18th day of August, 1911. be-
lore county clerk, Josephine county,
oregon, at Grants Pass, Oregon.
Any person Is at liberty to protest
this purchase before entry, or initl-
ate a contest at any time before nat
ent issues, by filing corroborated
AFFIDAVIT In this office, alleging
facts which would defeat the entry.
BENJAMIN f. JONES,
Register,
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
Colvig & Williams, Attorneys.
NOTICE FOR PUBLICATION.

Department of the Interior,
U. S. Land Office at Roseburg, Ore.
June 2S, 1911.
Notice is hereby given that Rob-
ert j. Craig, whose postofflce address
is Wellen. Oregon, did, on the "a
day of June, 1911, file In this office
sworn statement and application,
No. 06421, to purchase the Ben
SEA, section "a, township 80 g.,
range west Willamette meridian,
and the timber thereon, under the
provisions Of the act of June 8, 1873,
and acts amendatory, known as the
timber and stone law" at such val
ue as might be fixed by appraise-
ment. and that, pursuant to such ap-
plication, the land and timber there
on have been appraised, $165.00, the
timber estimated 100000 board feet
at rs cent per NJ, and tho land moth
ing; that said applicant will offer
final proof In support Of mis- applica-
ton and sworn statement on the Is
day of September, 1911, before Her
bert Smith, United States commits
sloner, at Grants Pass, Oregon.
Any person is at liberty to protest
this purchase before entry, or ini-
tiate contest at any time before pat
ent issues, by filing a corroborated
affidavit in this office, alleging facts
which would defeat the entry.
BENJAMIN +. JONES,
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE TO DELINQUENT CO.
OWNERS OF MINING CLAIAaa

Notice is hereby given, that Il. N.
Albright and Ed Burke, who with
Carl Wintjen are co-owners In thosa
six certain contiguous quartz minins
claims situated In the Illinois (unor-
ganized) mining district In Josephine
county, Oregon, and hereinafter more
iully described, have done and per-
formed all OF the annual assessment
ana representation work required un-
der the mining laws OF the Unitsl
States and OF the state of Oregon for
the year 1903 and the year 1910:
the work thereon for the year 1903.
having been done and performed By
the said u. M. Albright and Ed Burke.
OF the value Of 100000, between the
9th day OF July, 1909. and the xStA
day Of December. 1909: and the said
u. M. Albright and Ed Burke did
also during the year 1910 perform
the annual assessment and represent
alton work required upon said claims
under said laws In the sum OF $500.
between the Sd day OF January, 1919.
and the 18th day of March, Inclu-
sive of both dates; and that the said
Carl Wintjen, one OF the co-owners In
said mining claims. has failed to nay
any portion OF the assessment work
for the year 1909 or the year 1910,
and that the full sum OF S40O Is due
and delinquent upon the share and
interest of the said Carl wintjen for
said years.
The said Carl Wintjen Ia hereby
notified, that unless he shall within
ninety days from the date OF the serv-
Ice OF this notice upon him, pay unite
the undersigned, his co-owners, the
sum In which he Is delinquent, or
fall or refuse to contribute his due
proportion OF said assessment work,
that his said interest In said mining
claims will become the property Of
the undersigned co-owners, who have
performed and caused to be perform
ed such assessment work.
The mining claims and premises
herein referred TO consist OF six con-
tiguous quartz mining claims Of
about 20 acres each, and named res
pectively;
San Pedro quartz mining claim,
recorded In Vol. 0 OF Mining Records
OF Josephine county, Oregon, at pags
48 thereon;
The Golden Eagle quartz mining
claim. recorded In Vol. 0 OF sAid Min
ing Records, at page 20 thereof;
Tho Cleopatra quartz mining claim,
as recorded In Vol. IL of said MiA-
ing Records at page 627 thereof;
The Excelsior quartz mining claim,
as recorded In Vol. OF said mining
records at page SO thereof;
The Moss Back quartz mining
claim, as recorded in Vol. IL OF ssi6
mining records at page 626 thereof;
The Web Foot mining claim, as rec
orded In Vol. 15 OF said mining
records at page thereof; references
to which records being here had for
more complete description OF said
mining claims
Dated at Kerby, Josephine coun-
ty, Oregon this 9th day Of June,
1911.
II. NJ ALBRIGHT,
ED BURKE.
6-9-bts
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
MINERAL WEALTH
in JOSEPHINE

Mining In Josephine County, Or,
egon," is the title of pamphlet OF
5000 words written by G. L. Mangum
which is now ready for distribution
The booklet was printed by the
Southern Pacific company's Sunset
Magazine presses and is a part of the
publicity contract the Commercial
club has with the company. Fifteen
thousand copies were printed.
Mr.. Mangum has written in an en-.
tertaining and comprehensive way re-
garding the mines and mineral lands
Of this county, and no man in this
region is better equipped for this
work, as he is familiar with every dis
trict and every shaft and tunnel In
josephine county.
Printers and proofreaders in the
San Francisco office, where the book
let and printed, ignoraDtly assumed
that Mr.. Mangum did not know his
own surroundings, and changed the
spelling of the Almeda mine to CAL
ameda." Also in eliminating some of
the text the copy reader muddled It
in an exasperating way. Had the
work been done by any of the print
ing plants in Grants Pass 1t would
certainly have been correct as to lo-
cal names and facts. Even as it is
however, the booklet is splendid
advertisement for this mineral sec
ton, as practically the entire county
is covered. Mr.. Mangum treats the
subject under the following sub
heads:
Geography" Topography and
Climate" Opportunities for Capital
and Labor" History of Mining in
Josephine County" Waldo Dis
trict," "Takilma," "Althouse," Suck
er Creek" "Kerby," Briggs Creek"
"Galice,' Silver Creek" Grave
Creek" Wolf Creek" "Cayote Dis
trict," "Jump-Off-Joe," Grants
Pass District" Murphy" Williams
Creek pickett Creek"
The text ends with a reference to
platinum in Josephine county and a
few words on the mining laws. Many
calls are coming in for information
regarding Josephine county mines
and mineral districts, and this book :
will answer prospective investors in
most satisfactory manner.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE FOR PUBLICATION.

Department of the Interior,
U. S. Land Office, at Roseburg, Ore,
July 10, iY11,
Notice is hereby given that Sam
uel II. Blackburn, whose postoffice
address is Ridgefield Washington,
did, on the 27 day OF October, 1910,
file in this office sworn statement
and application, No. 06705,. to pur-
chase the east half of west half, sec
tlon 2S, township "a s., range 3 west
Willamette meridian, and the tim
ber thereon, under the provisions OF
the act of June 3, 1873, and acts
amendatory, known as the Timber
adm Stone Law" at such value as
might be fixed by apprasement, and
that, pursuant to such application,
the land and timber thereon have
been appraised $52S,00, the timber
estimated $4,000 board feet at GO
cents per NJ. and the land $4,000;
that said applicant viii offer final
proof In support of his application
and sworn statement on the 90 day
Of September, 1911, before Register
and Receiver United States Land Of
flee, at Roseburg, Oregon
Any person is at liberty 10 pro-
test this purchase before entry, or in
itiate contest at any time before
patent Issues, by filing n corrobor.
ated affidavit In this office, alleging
facts which would defeat the entry.
BENJAMIN L. JONES.
naOiqtpr
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE OF GUARDIANS SALE OF
REAL PROPERTY.

Notice Is hereby given that the un-
dersigned, by virtue of an order of
SAFE issued out of the County Court
OF the State of Oregon for Josephine
County, licensing me, the undersign-
ed guardian of the estate OF Corliss
II. Topping, Edwin c. Topping and
Ethel Z. Topping, minors, to sell at
private sale all of the estate, right,
title and interest Of said minors Of,
In and to the E1a OF the N.E.H and
the ER of the S. E. u OF Sec. 10,
township SS, S. of r. W., OF the
w. Nj. in Josephine County, Oregon,
viii offer for sale and sell for cash
In hand or for not less than one
third OF the purchase price in cash
and the balance secured by mort
gage on the premises sold the undi-
yided three-fifths interest of said
minors in the east one-half of the
northeast quarter and east one-half
or southeast quarter of Section Ten,
Township Thirty-eight, South Of
Range Five West, of the Willamette
Meridian in Josephine County. Ore
gon, and will accept and receive the
highest and best bid therefor which
shall be offered. All bids must be
submitted in writing addressed to me
at Murphy, Josephine County, Ore
gon and must be accompanied by
certified check for the amount of the
bid.
All sales subject to the approval of
the County Court of the State of
Oregon for Josephine County Dated
this 4th day of August, A. d. 1911.
MINERVA TOPPING,
Guardian.
CnIvir r. yUitI;or,, A++ounov.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE OF GUARDIANS
SALE OF REAL PROPERTY

In the matter OF the estate)
and person of Gertrude Ker-)
ley, q minor.
Notice is hereby given that pur-
suant to an order in the county court
OF the county OF Josephine. state Of
Oregon, duly given and made on the
l1th day OF July, 1911, In the above
entitled matter and suit, l.. E. Ker-
ley, guardian OF the person and es-
tate of Gertrude Kerley, a minor,
will sell at private sale on or after
the 18th day OF August. 1911, in the
city OF Grants Pass, Josephine coun-
~, Oregon, at private sale, and upon
the terms and conditions hereinafter
mentioned, subject to certain city
paving liens, and confirmation OF the
court the following described prem
ises, to-wlt. belonging 20 the estate
OF said minor, an undivided one-haf
Interest In and TO lots seven and eight
and nine In block seyenty-seven OF
the original townsite OF the town OF
Grants Pass. Josephine county. ore.
gon, as the same are on file In the
office OF county clerk OF said county
and state terms and conditions OF
sale; at private sale, not less than
$3.50 cash IN hand, balance OF pur.
chase price to be paid within three
years from date OF sale. An defer.
red payments bear interest at rate OF
six per cent per annum, interest pay
able annually Deferred payments
10 be fully secured by purchase price
mortgage.
Dated at Grants Pass, Josephine
county, Oregon, July lith. 1911.
l.. n. KBRLBY.
Guardian OF the estate.
G. II. Clements, Attorney for Guar
dian.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04

stated that the reason for the chang,
"as 'aat they desired to be sure o.
sufficient III power for all purposes.
Inc engine will be used TO han
rock in the six dump wagons at on.
'ime' will be used to generate steam
pO"er 10 run the rock crusher. and
" pe used to surface the county roads
II Is estimated that by the purchase
Oh the heavier machine the sum ~
80 or more will be saved daily in
nSuiing rock as against cost Of teams
ieamsters in their desire to save
'nelr horses are disposed to load their
wagons lightly, and the amount Of
rock moved daily by this method falls
lar snort of the steam power meth
cd. S'N
Inc court has given Alonzo Jones.
road supervisor in the Fruitdale die.
trict' full sway to 80 ahead and make
flrst class road from Grants Pass
10 the county line at Savage rapids.
Mr. Jones will, as result, make a
cut and fill one mile this side of the
Dodge place, and was in Grants Pass
saturday to place an order for con-
crete blocks to use in building a cul-
vert under the fill.
Jones has already spent $3.50 on
thls stretch of road, $500 of which
was contributed by the Grants Pass
Auto club and the remainder by the
Later in the season gravel
VIII be placed on this road and rolled
with the steam machine. The pro-
gram is to keep the roller busy on
The county roads after the first rain
falls, as before that time but little
good can be accomplished.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE FOR PUBLICATION.

Department of the Interior,
U, s. Land Office. at Roseburg, Ore.
July Is, 1911.
Notice Is hereby given that Henry
l.. Thompson. Of Grants Pass, Ore
gon. who, on April 5th. 1910, made
homestead entry serial No. 06O4S,
for lot | sen SEA, section 2s,
township S6, s. range, west VIII
lamette meridian, has filed notice OF
intention to make final Communication
proof, to establish claim 10 the land
above described, before Herbert
Smith. United States Commissioner
at Grants Pass, Oregon on the 25th
day Of August, 1911.
Claimant names as witnesses:
e, d. Underwood OF Frultdale, Ore
gon; J. H. Harris. of Fruitdale, Ore
gon; Walter Coutant, OF Fruitdale
Oregon; John Scarborough, OF Fruit.
dale, Oregon.
BENJAMIN F. JONES,
Register.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
KegfsteT
NOTICE TO CREDITORS.

In the County Court for Josephine
county, Oregon.
In the Matter of the Estate of George
w. Cooper, Deceased
Notice is hereby given, that Lena
Cooper, the undersigned, has been ap-
pointed executrix of the Last Will and
Estate of George W. Cooper, deceas-
ed, by the County Court of Josephine
County, Oregon, and all persons hav-
ing claims against said Estate are
hereby notified to present the same,
duly verified, to the undersigned exc
cutrix at the law office Of II. d. Nor
ton at Grants Pass in Josephine Coun-
ty, Oregon, on or before the expira-
tion of six months from the date OF
the first publication Of this notice.
Date Of first publication, July 2S,
1911.
LENA COOPER
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE TO CREnIToRs.

In the County Court OF the State Of
Oregon. for Josephine County.
Notice is hereby given that ! the
undersigned, have been appointed ad-
mlnlstrator OF the estate Of Carrie j.
Pope, deceased. All persona having
claims against said estate will pre-
sent them 10 me by leaving the came
at the office OF Smith & Deckwith,
my attorneys in the First National
Bank Building. Grants Pass, Oregon,
on or before six months after Gate.
~ SCOTT II pope.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE TO CREDITORS.

In the County Court Of the State OF
Oregon, for Josephine County.
Notice is hereby given that l. the
undersigned, have been appointed
administrator OF the estate Of Rose
8. Weidman, deceased All persons
having claims against said estate will
present them 10 me by leaving the
same at the office OF Smith 4 Beck.
with, my attorneys In the First Ma
tional Bank building, Grants Pass,
Oregon, on or before six months az
ter date
7-6-5t ]. ID. DRAKE.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE FOR PUBLICATION
Department of tha IntarInr.

department OF the Interior,
U. s. Land Office. at Roseburg, Ore.
May o. 1911.
Notice ia hereby given that Har-
ley I. Keyte, OF Merlin, Oregon, who,
on September 23. 1909, made Home.
stead entry serial No 05433, for
SWh SWh, section 80, township
"a g., range Q west willamette mer-
ldlan, has filed notice OF intention
to make final commutation proof,
to establish claim TO the land above
described, before County Clerk,
Josephine county. oregon, at Grants
Pass, Oregon, on the "a day OF June,
1911.
Claimant names as witnesses:
ed Bland, OF Merlin, Oregon; Carr
Weatherwax, OF Merlin, Oregon:
Lou Glpson, OF Merlin, Oregon; Rob
ert Crockett, OF Merlin, Oregon.
BENJAMIN II. JONES,
Hegiater.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
NOTICE

To Whom II May Concern. Motto.
ls hereby given that |, tho under.
signed, owner OF one-half interest In
the Sugar Pine mine at Oalice. orr
gon, will not be responsible for any
debts incurred against said Sugar
Pine mine or for any labor or I'm
provements performed thereon; also
that no person entering on said prem
lses for any reason Whatsoever shall
remove therefrom any ore. mineral or
timber.
Dated February "a. 1910
fRIgned) v. 70. KNIGHT.
Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-08-04
MUCH WORK FOR THE
NEW STE m ROLLER

Officials Of the county court
changed their minds on their decls-
ion to purchase a lotion steam roll
er for $2,700, and gave an order for
a 12-ton machine to cost $4,000.
County Judge Stephen Jewel