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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 12, 1906)
TIIE MORXIXG OREGONIAN, WEDNESDAY, DECEMBER 12, 190. FOUR ARE REVERSED Oregon Supreme Court Passes on Five Appeals. GRANT CASE IS AFFIRMED All the Suits Considered Were From Counties In the Eastern Part of the State and Involved No Public Questions. SALEM, Or., Dee. 11. (Special.) The Supreme Court today handed down decisions In five appealed cases, in four of which the lower courts are re versed. None of the cases Involve questions of public importance. The cases decided are: S. 8. Boothe, appellant, vs. J. W. Scrlben, respondent, from Union County, Robert Kakln, Judge, reversed and new trial ordered; opin ion by Chief Justice Bean. This was a suit to recover $6046.76 alleged to be due from defendant on account of a long series of transac tions between plaintiff and Scriber and the Farmers' and Traders' National Bank, of La Grande, of which Scriber was cashier. The defense alleged that Boothe had been paid $476.90 .more than was due him, and asked judgment for this sum. The trial resulted in a verdict for defendant for $4fi3 and on appeal a new trial is ordered because of various errors In the admission of testimony and the giving of instructions. First National Bank of Payette, Idaho, re Fpondent, vs. William Miller, appellant, from Malheur County, George E. Davis. Judsre, re versed and new trial ordered; opinion by Jus tice Moore. This whs an action to recover money had and received and the Judgment in favor of plaintiff was reversed because of errors In the admission of testi mony. Klnlay Morrivn, respondent, vs. Floyd L. Officer, appellant, from Grant County, George K. Davis, Judge, reversed and dismissed. This was a suit to enjoin the de fendant from interference with the use of water flowing from a spring located on defendant's land. The Supreme Court holds that since the water from this spring did not flow in a channel the plaintiff could have no claim to It as a riparian proprietor and that un der the statutes of this state defend ant could divert it as he saw nt. The suit is therefore dismissed. S. 8. TVilllams and I. S. Goodwin, respond ents, vs. First National Bank of Ontario, et al., appellants, from Grant County, George K. Davis, Judge, affirmed; opinion by Justice Hailey. This was an action to recover pos session of 1316 sheep mortgaged to plaintiffs by L. S. Winkersham, the owner, who afterwards mortgaged them to the defendant bank, wnich claims a right to their possession un der Its mortgage. Prior to the time the defendant bank took its mortgage the plaintiffs had left their note with the bank for collection, at the same time informing the cashier that they held a. mortgage on Wlckershara's sheep. The Supreme Court holds that this was notice to.-the .bank of the prior mortgage and the T bank's was not .a mortgage in good faith. The judg ment in favor of plaintiffs Is therefore affirmed.. M. M. Harvey, appellant, vs. Victor Lidvall, respondent, from Umatilla County, W. R. El lis, Judge, reversed and new trial ordered; . opinion by Chief Justice Bean. This was an action for damages for the conversion of certain grain alleged to have been owned by and in the pos session of plaintiff. Because of an error In description In the mortgage under which plaintiff claimed title as special owner the case was non-suited, but on appeal this was reversed be cause plaintiff .offered to prove that she had taken possession under the mortgage before the conversion took place, whicn possession was sufficient to make out a prima facie case. Jus tice Hailey took no, part In the decision. DEAD OP THE JfORTHAVEST. II. V. Howard. WILBUR, Wash., Dec. 11. (Special.) H. V. Howard died at his home here De cember 6. Mrs. Howard is a daughter of the late Rev. William Joly, of Hlllsboro, Or. Ordered to Remove Bridge. LOS ANGELES, Cal., Dec. 11 The San Pedro, Los Angeles & Salt Lake Railroad was officially notified by the War Depart ment at Washington today that the com pany must remove its bridge at the mouth of the San Gabriel River, near Long Beach, which, it is contended, is restrict ing navigation. The bridge extends from the main line at this point to the termi nal island. The Los Angeles Lock & Terminal Com pany, which is building an inner harbor at Long Beach, has been attempting through the courts to force the railroad company to remove Its bridge. The com pany is given nine months to remove the bridge entirely or replace it with one or two patterns of drawbridges. Tillamook larger Captured. TILLAMOOK. Or.. Dec. 11. (Special.) Within an hour and a half after he had been notified Sheriff Crenshaw arrested L. J. Arstcll, a young man, on the charge of cashing a forged check for $35. Arstell had been employed as a night watchman in a sawmill and secured the money on the bad paper at Bexby's) store at Beaver. He attempted to escape by the North Yamhill stage, but the Sheriff and his d-eputy on horseback overhauled the coach two miles out of town and secured their prisoner. A purse left In the stage coach by Arstell contained $63.80 In money and 15 forged checks. ( Suicide of Delirious Italian. STOCKTON. Call., Dec. 11 Ielirious with pain brought about by pneumonia, Dave Sanguinetti, aged 22 years, slashed open his abdomen today at an Italian hotel, -using a razor. To his brother, who entered the room a few minutes later, he declared he had cut himself to get rid of the pain. He was completely disem bowled and died shortly afterward. There were two cuts about a foot In length, crossing each other. He was well con nected in the Italian colony. FIGHT ON PULLUM Brush Leads Opposition in Na tional League. FOR CHANGE OF PRESIDENT Steelhead Season Opens. HOQUIAM, Wash., Dec. 1L (Special.) The fishing season for steelhead salmon opens Saturday, and local fishermen are preparing for a good season. Many salmon are being caught daily in the Quinlault River by the Indians and shipped to this city. CARMEN'S CASE IS CLOSED Argument Made in Favor of an Eight-Hour Day. SAN FRANCISCO, Dec 11. The case of the streetcar men against the United Rail roads was closed at today's session of the arbitration commissioners. Dr. A. R. Keenan testified that the work of the men is nerve-racking and the cause of numer ous diseases. Richard Cornelius, president of the Car men's Union, made an argument in favor of an eight-hour shift, and Secretary Bowling, of the union, gave figures show ing that the wages of all other classes of laboring men in the city had been In creased since the great fire. Attorney Johnson, in conclusion, offered in evidence extracts from the speech of W. J. Bryan at Detroit and the utterances of President . Roosevelt In support of an eight-hour day. He also produced the re ports of the Railroad Commission of New South "Wales for the years 1902 and 1904, showing that the eight-hour day was feasible. Attorney Moore, for the rail road company, then began the cross-examination of witnesses. Locked Bank Clerks in Vault. GREAT BEND, Kan., Dec. 11. Jo seph S. Kearns. the former Chicago dry goods clerk and newspaper man, who was captured here last Saturday night after robbing a Great Bend bank in broad daylight, confessed today to hav ing robbed the Midland National Bank at Newton, Kan., on the afternoon of November 13, when he locked the clerks and customers, six In all, in the bank vault and escaped with $1800. A complexion satin by Satin ekin powder. smooth and fair given 4 tints. League Indorses Pulllam's Stem Dis cipline for Rowdies on Diamond. Most Prosperous Year of the National Game. NEW TORK, Dec. 11. The National League of Baseball Clubs began its an nual meeting at the Victoria Hotel to day. President Harry C. Pulliam is a candidate for re-election, but is being strongly opposed by rival Interests headed by John T. Brush, of the New York Club, and Garry Herrmann, of Cincinnati. Mr. Pulliam read hi3 annual report and declared that financially the last year was the best that the National League had ever had. A resolution offered by Charles H. Ebbetts, of Brooklyn, was . unanimously adopted, commending Mr. Pulliam "for his untiring efforts in enforcing proper discipline upon the National League ballfields during the year 1906." CANNOT MAKE UP LOST IiAP Walthour and Bedell's Desperate Sprint in Bicycle Race. NEW YORK, Dec. 11. Thousands of persons were again drawn to Madison Square Garden today and tonight to witness the six-day bicycle race which began at midnight Sunday night. 'The most interesting features of the day's grind were the attempts on the part of Walthour, of Atlanta, Ga, and his teammate. Bedell, of Long Island, to make up the deficit of one lap which they Incurred yesterday when they doubled up as a team. Each time they failed to make a gain. Walthour came very near fooling the field late tonight, when he gained al most a lap after a desperate sprint, but, unfortunately, there was a spill and, although he was not In it, under the rules he was not allowed the ad vantage he had gained. NEW YORK, Dec. 12. (2 A. M.) Score: Twelve teams, 936 miles, 6 laps. Walthour and Bedell, 936 miles 5 laps; record for 60 hours, 1002 miles 2 laps. FAST GAME OF HAXDBAIL James Defeats Moore at the Multno mah Club. f The fastest game of handball in the singles since the opening of the tourna ment was played last night at Multno mah Club, James, who holds the cham pionship of the Pacific Coast in the hard ball game, defeating Moore, another star performer. The final score stood: 12-21, 21-11, 21-15. Another fast contest was played be tween Dunne and Cleland, the final score being: 21-8, 21-15. Dunne Is one of the best players in the club and holds the championship of the Coast in the soft ball game. McMillan and Van Voorhies, two old gridiron warriors, will play the first game in tonight's series, and will commence at 8 o'clock. In the second contest Irwin will be pitted against Banks. EIGHT GAMES ARE PLAYED Lively Contests Between Fourth Class Billiardists at M. A. A. C. Eight games of the handicap billiard tournament were played at Multnomah Club last night. Some of the contests were close and interesting. A gold medal will be presented to the player losing the fewest games. Five of the eight games were between fourth-class players, for H points each. Players and scores were as follows: Rogers defeated Baker, 50 37; Kerrigan won from Ross, 50-33; Ker rigan defeated Baker, 50-44: Rogers won from Kerrigan, 50-49; Ross defeated Rog ers, 60-39. Two second-class games of 75 points were played as follows. Mor gan won from Gilliland, 75-74; GUliland defeated Seckheimer, 75-65. The game between Morgan and Gilli land was the closest of the evening, Gilli land lacked but one point when Morgan finished his 75 points. There was but one contest between the first-raters and this was a handicap, William B. Streeter playing Gritzmacher 85 to 100. Gritzmacher finished his string of S5 when Streeter had but 91. The- ournament will be resumed to night, when some of the club's best play ers will contest. PREXDERGRASS IS CHOSEN Oregon Agricultural College Team Elects Captain for Next Year. CORVALLIS, Or.. Dec. 11. (Special.) Frank Prendergrass was elected this afternoon captain of next season's foot ball team. Chicago Will Play Seattle. CHICAGO. Dec. 11. It was definitely de- cided today that the football eleven of the North Division High School Is the cham pion organization of the preparatory schools of this county, and will go to Se, attle. Wash., and play the eleven of Seat tle. The game will be played New Year's day. THE DAY'S HORSE RACES. At New Orleans. NEW ORLEANS, Dec 1L City Park race results: Five and a half ' furlontrs Drulen won, Doubt second, Captain Hale third; time. 1:09 3-5. even furlongs Harry Scott won. Jack Dolan second, Charlie Eastman third; time, 1:28 2-5. Mile and an eighth Harmakie won. Padre second, Scalplock third; time, 1:55 3-5. Six furlongs, 'selling Rickey won, Ffc.vorlta aecond, Goldle third.; time 1:15 3-5. Five furlongs Colloquy won, Bonart second, Voting third: time, 1:01 3. Six furlongs Rebo won. Toboggan second. Airship third; time. 1:13 3-5. At San Francisco. SAN FRANCISCO, . Dec 11. Today's race results: Five furlongs Fraecuelo won. Treasure Seeker second, Hazleine third; time, 1:02 14. Mile and 60 yards, celling Bill Curlis won. Gentle Harry second. Mountebank third; time, 1:40. Five furlongs; selllns-Kirkfleld He Belle won, Montalban second, Kappa third; time, l:02Vi. Mile and a sixteenth, handicap J. E. Dona hue won, Gorgalette second, Flquett third; time. 1:51. Futurity course, selling Mazapan won. Bauble second, Hlrtle third; time 1.11 34. Futurity course, selling Sals won, Retropa W. second. Perry Wicks third; time, 1:1214. At Emeryville. . SAN FRAXCISCO, Dec. 11. Results at Emeryville: Six furlongs, selling Korosllany won. Paso- della second, Busthorpe third; time. 1:16 2-5. Five and a half furlongs, selling Plausible won, Silver Line second, Galvestonla third; time, 1:08 3-5. Six and a half furlongs, selling Metlatakla won. El Chihuahua second, Pachua third; time. 1:22 1-5. Six furlongs, selling Comllfo won, Lord Nelson second. Iron Watsoa third; time. 1:14 1-5. Mile and 50 yards, selling Avonalls won. Governor Davis second, Lazell third; time, 1:47 1-5. Selling, mile Prestige won, Orchaa second. Inflammable third; time. 1:43 1-5. MAY ESCAPE WITH A FINE in 11 gHr' IN THE POPULARM mmv.i. -iias'jaffrfsE! 7i ..-73 sS2W5fi2? T i QUAINT DESIGNS ARE OFFERED MANY SUGGESTIONS FOR HOLIDAY GIFT-GIVING p. M t in ' h eft jj jijj! ij Of the vast assortment "E??S of designs which comprise TWBSOi the different, stvlea and qualities of furniture, the plain, characteristic, yet practical, quaint designs appeal strongly to those who desire to select a pleasing and useful holi day gift. Its adaptability for those rooms in the i home that demand furni ture that is comfortable, substantial and artistic, increases its value and pop ularity for gift-giving. Our display of the quaint designs in the fumed and weathered oak embraces the best ideas of the craftsmen builders; pieces for the library, living-room, dining-room, hall and den, from which can be selected inexpensive gifts of real merit. m mrw HOLIDAY SALE OFFERINGS FROM THE CROCKERY DEPT. 35c values, special, 20? 40c values, special, 25 45c values, special, 30 Basement Special for today and tomorrow richly decorated English teapots of the best glazed ware; three designs in three sizes to choose from; will make a pleasing holiday gift. 40c values, special, 20 60c values, special, 35 45c values, special, 25 70c values, special, 40 50c values, special, 30 80c values, special, 45 55c values, special, 35v 90c values, special, 50 Woman Who Slew Traducer Con victed of Manslaughter. HAZELHURST, Miss.. Dec. 11. Mrs. Angle Birdsong was today found guilty of manslaughter for killing Dr. Thomas butler, and was recommended by the Jurors to the mercy of the court. Mrs. Birdsong was not compelled to re main in Jail, but spent the night under surveillance at a hotel. The court did not pass sentence today. The minimum penalty for manslaughter in this state is a fine of $500. Mrs. Blrdsong, 22 years of age and a member of a leading Mississippi family. In November, 1905, shot and killed Dr. Thomas Butler, also prominently related. She alleged that he had boasted of illicit relations with her, and that his boasts I YOUR CREDIT IS GOOD ) C0MPLETEH0U5 E F URHI5HER5H AKE YOUR") I rVNTERMSj 3 were untrue. The tragedy occurred in Monticello, Miss. Fight Promoters Incorporate. RHYOUTE, Nev., Dec. 11. The Rhyolite Athletic Association has been formed with a capital of $50,000 to promote a finish fight between Jack O'Brien and Tommy Burns. Both men have agreed to fight here for a .purse of J25.000. Saltan to Fight Pretender. MELILLiA, Morocco, Dec. 11. The troops of the Sultan are advancing upon the forces of the pretender, and a bat tle Is momentarily expected. MRS. ST0RER IS MISQUOTED Woman Politician Repudiates "Cre ated Roosevelt" Interview. CINCINNATI, Dec. 11. Remarkable statements were credited to Mrs. Bellamy Storer in an Interview which was pub lished here today, among them a state ment that she and her husband had "cre ated President Roosevelt." Mrs. Storer today said that, while she had seen a newspaper woman last night and had said some of the things credited to her, the report as published gave an entirely different complexion to every thing, said and that undue prominence had been given to certain incidents related during the interview. While unable to deny that such an inter view had been given, she said that so Incorrect and garbled a report had been published that it did not give her views or statements, and she did not want it to be considered as coming from her. Beyond this, she refused to discuss th matter. Gibbons to Meet Roosevelt. WASHINGTON, Dec. 11. Cardinal Gibbons is in Washington and will sea President Roosevelt today by appoint ment. Whether the President will dis cuss the Storer controversy with tha cardinal could not be learned. Ill EASTlffilHtN OUTFITTING COMPANY iillU EASTERM OUTFITTING COMPANY iliiiiiiiiiiiiiiiiiaiMiiiinMiiiiiiiniiiiiiiiiiM EASTERN OUTFITTING COMPANY I EASTERN OUTFITTING COMPANY I EASTERN OUTFITTING COMPANY I EASTERN OUTFITTING COMPAN i i i Miami! NY liUlDHHI EASTERN OUTFl'I'l iwimuiiniiniiinuuiiinF 11SG COMPANY H fl 5:30 Am W A AidiXi -H. A FROM 3 TO Will Be Here Today Yes, Santa will-be here TODAY from 3 to ; 5:3 0 in the afternoon, and he wants all his little boy and girl friends to come and see him. See what he says in his letter: ! ' North Pole, Dec. 1 Manager Eastern Outfitting Co., Portland, Or. ' Expect me next Wednesday in the afternoon at three, With the finest lot of dolls and toys you ever wish to see. To little boys and girls "who come to see me on that day, The cutest dolls, the finest ' horns, I'm going to give away. Their papas and their mam masI'll have something for them,, too, So bid them come and now ('tis late) I'll bid good night to you. SANTA CLAUS. So there you are. Come with your papa or mamma this afternoon, between 3 and 5:30 and get absolutely free, a doll, toy or horn. BUY YOUR SUIT, COAT OR CRAVEN ETTE HERE TODAY 25 TO 50 OFF A combination of favorable circum stances madeyesterday's business unusu ally lively. Portland women have come to know that when this store advertises a price-reduction it means just what the advertisement says. Monday when we announced that Suit, Coat and Crave nette prices had been cut 25 to 50 per cent we knew we would have a busy day yesterday. The styles offered are this winter's very choicest. Lines unbroken. All alterations ' made absolutely free. SUITS Lot 210, values up to $60 $30.00 Lot 211, values up to $40 $22.75 Lot 212, values up to $30 $14.50 COATS undesirable garment entire . wLF collection Lot 213, values up to $40 Lot 214, values up to $30 Lot 215, values up to $20 CRAVENETTES Lot 216, values up to $38 .... Lot 217, values up to $30 Lot 218, values up to $22 Cash or credit, as you like. $23.00 $15.50 $11.75 .$19.50 $15.00 $10.75 i EASTERN OUTFITTING CO. THE STORE WHERE YOrR CREDIT IS GOOD WASHINGTON & TENTH THE STORE WHERE YOTR CREDIT IS GOOD WASHINGTON & TENTH nimnnnnni