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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 17, 1907)
THE MORXIXG OREGOMAX, THURSDAY, JANUARY 17. 1Q7. ' xx TRIES TO REOPEN CASE Alksges Errors in Supreme Court' Decision by Which He Lost His Property. P2 !9f'S . FILES PETITION IN COURT It Aks That Original Decision of Cir cuit Court Be Reaffirmed or Case Be Reopened for Introduction of Additional Evidence. Claiming error In the Orenon Su- prritie Court'! decisions In the famous Mftrquitm Htisratlon. an effort was put on foot in the Stt Circuit Court yes t prday to reopen the ctie. F. A. Mar-' quam( through Ms attorneys, W, l. Fenton and the firm of Watson. Beek- mn A Watson. Aled voluminous statement of- the -. setttnr out 19 errors In the final decisions, and as Icing that the original decision of the State (Mrcult Court be reaffirmed or the case be reopened for the Introduction of additional evidence. Th5 document is, In effect, an appli cation for a bill of review. The. title Is that of T. .A. Marqutm against the United States Morternee A Trust Com- pRny, the Title Guarantee Trust Company, the Oregon Company and J. Thnrburn Hobs. . The action caused considerable sur prise at the Courthouse, a the matter was regarded as settled long since. Th property involved Is the Marquam building- and the entire block upon which It la located, as well as SO acres making up tha John Qulnn donation claim, The total value of, this property is now considerably more than $1,500,- 4tOO, the Marquam bloclc being one of the most valuable portions of the busi ness district. The case has been In court during the past six years, and has been closely contested. "Title . of the property Is now in the hands of the Oregon Com- pany, It was secured by the corpora tlnna f.or the sum of t36o.S4S.s7, under an execution sale. That price la only a fraction of the present -value, and at the time of sale. November 8, 1900, was considered as being about one-halt the real value. The Marquams. however, were unable to meet payment on Judg ments allowed In foreclosure proceed- ings, and the forced sale was carried out by the Sheriff, under protest. The basis of the litigation was made the relation of Mr. Rosa and the Title Guarantee & Trust Company to the property In question. It was shown by Marquam that Mr. Ross secured him a loan of $300,000, on notes, taking: the title In trust for security. -At the time Mr. Hobs and tire trust company han dled the property in trust, and ware really Its agrents. so claim was made. As agent for the property, it was con tended that it was not lawful for hlra to bid It In tor another concern at an execution sale. The loan of $300,000 was secured during the financial ue-presalon-..of 1SB4. and waa. for the pur- ptPse,ot pay.lng oil the sum of 1260,000 oweu 'tilbo' Jamw PhelafT estate,' to'- get her with other small sums of in debtedness. October 30, .1899, . fore closure proceedings were" instituted through Mr, Ross, the loan having he- coma due and remaining unpaid. At the execution sale which followed. 'No vember 8. 19DU, floss bought In the Marquam. building and . grounds for JS50.249.97. The. donation claim was secured for $10,000. and other scattered holdlnga brought the total up to $363. 549.97. The Marquams at once commenced action in th State Circuit Court to have' the sale set aside. After long-drawn-out litigation. Judge Sears found for the Marquams, holding- that the trust company had violated a funda mental rule of lav in buying property under the - conditions named,, even at an execution sale. The Supreme Court reversed this decision, -holding that the trust relationship, applied only to the Income from the property, and did not affect the property Itself;. that. the property was. held in mortgfcge rather than in trust, and that the defendants: had a legal right to purchase the property. In these phases of the rultna-. error is claimed in yesterday's action, and alleged technical flaws in the suprems Court's decision are pointed out. COCRT WILtlj TAIMCK COUNSEL To- C. II. JDanleleon lo Be Arraigned day on Charge of Murder. C. II. ttanlelson, charged with com- plicity in the Oscar Undtfren murder at the GarfieJd Hotel bar several nights agro. was taken before Judge Cameron yester- day forenoon tor arraignment. He plead- ed not guilty, but the court directed that this plea be withdrawn, as Daniel son had no legal representative. An attorney will be appointed to defend the accused and hla arraignment will occur today. He was sent to the County Jail for safe-keeping. Kd Nelson, accused in connection with Danielson of the killing, denies emphatic ally; that9 he Jwd anything to do with the ahootimr orTthat Danielson was im plicated. When seen at his cell in the Cftuhty Jail yesterday he admitted hav ing been at the scene of the killing on tlie - night in question; but asserted that he.- 'with tanlelson and a third man named Harry Anderson, reached the bar after the shots had been fired. Me in- sists that Anderson is the third man On the case who the police have been trying- to find, but maintains that Anderson is innocent of any, part in the crime. Mullady Held in $1000 Bonds. Thomas MuIIady. identified by F Brad bury as the man who held him up at the point of a revolver and robbed him of 30 cents, was arraigned before Judge Cameron yesterday forenoon on a double charpre of highway robbery and carrying a concealed weapon. Bradbury In his testimony positively Identified Mullady as th thug. The court held the -accused msT, to the grand Jury under a bond of MOO. TTnable to raise that aniount. AX ill -lariy went to a cell at the County Jail to await his appearance before the grand Jury. ", Gets Verdict for SIOOO. , A verdict allowing P. P. Allen damages in the mm of 1000 from the Standard o Lumber Company, was returned by the Jury In the case in Judge Cleland s court yesterday afternoon, Allen had a le broken while working- for the com pany last Summer and asked for $9000 m damages. Sues tor $20,000 Personal Damages. W. V. Wisler brought suit -In the State Oircuit Court yesterday against the Jones Uimher Company for damages aggregat ing t2O,000v. .WisleKclalms tlit; through '-'MSSSsSk" ' .: !!! Ail 1 I m iRiMiiiiiiiiiiiiiii'"-r x.'iiiiiiainiiiiiiiiiiiiiii gj ' GO -a ass ik t itiiiiifg niiiiiii a it The Growth in Ssles is the Sviderace ;,...; a-.,:i i: ii!!!::::::::::;-! iiiiiiiiiiil! Ill ' Ml inn ..5 ...I) si II 111 :U! ill i ! I DHc" --- - : I I III HIS Ill llisiisi H MM :miBcH 1865 1870 1880 1899 1900 1901 1902 1903 1904 1905 t m 5,000 Barrels 18,000 Barrels 131,000 Barrels 702,000 Sarrcte 939,768 Barrels 1,006.495 Barrels 1,109,315 Barrels 1.20 1.762 Barrels 1,365,711 Barrels 1,03,788 Barrels 1906 n 19543S4Q Barrels of Beer HaSOr 4rirMS-.cs- OTfiOp A X1EJ Mfffum'APl-ffffWtj 9 J J 1 1 3 1 imfsHMfisj 5 C I 3 a- 3t t , .a 41 Sa 1 f xswd Sales for 190 ,700.71 0'-'IBoft ssf . . This Exceeds that of All Other BOTTLED BEERS. The high standard of quality, fine flavor and exquisite taste nave won tor JBudweiser its great popularity. ' a a . ajp " m saa a ADiieuser-Buseh Brewing Ase'n St. Louis, U. S. A. We court the investigation of! all Fure Food J Cnrnmisuamnaa fc-' i BtmiiiiiiiiiiiKj . , ! I I I I - H i3Ki Itrf tSTi fMMSni EEFl Sayrpil !! nHnni iliillPtTl wa 8381 1 wmm wgi iggg rag w - el I -1 I defective machinery he was crushed so severely as td" he rendered permanently unfit for work lastMay. At the time he was employed In the company's lumber mill. Oregon Society at IS'oIre Dame. The. Oregon students-at the University jof Notre Dame have" organized an "Oregon- Society." and as this Is the first year of Its existence the number of .mem bers are not large, Notre Dame Is a Ca tholic institution as no fraternities or secret aocietles are allowed. It has been the custom of the- students to form state societies, in past years, there he ve not been enough Oregon students at the institution to form a society. The offi cers are Joseph X. Slnnot of The Dalles as president and John F Brogan of The Dalles vice-president. Thousands whom it has cured vouch for the value of Mood's Sarsaparllla as a cure for catarrh. .It you don't, iiKe Schilling's. Best tea and coffee, - they cost ;uu nothing. , . Dislocates His Joints to Evade Labor Rookplle PrUnnr r. Manage to Keep From Worklnar Unriuar M-Dar Srnlpnpr. but W ill Have Aaotser Cb.Bc. JOHN-"BONNER'S ability to dislocate the joints of his arms, shoulders and fingers secured him immunity- from lahor on. the rock-pile during a sentence of 80 days, which he has just completed. Be- lievtng; the man was actually crippled. Bonner was allowed to i ' intii n about the county jail doine light chores, and Tiot until yesterday did It become known that the man is a fraud, and that he has been a professional beRRs r- for several years past. The fallow will probablv go back to the rock-pile and work out another sentence. Bgnusr's term of sentence expired Mon day. Tuesday evening" Patrolman Car son, according- - to testimony, presented in the Municipal Court yesterdays tore noon, saw the fellow begging on the streets.- He had one arm turned, and the fingers twisted and distorted. He had the appearance of a helpless cripple, and had reaped a small harvest of small coins when Carlson caught him In the act of brKRing. When Officer Carlson placed the beggar under arrest he found very quickly that he was not dealing with any cripple. Bonner's crippled arm suddenly assumed its normal condition, and he put up a tussle against arrest that would have done credit to a trained athlete, The officer strength finally prevailed and -the cripple was taken to Jail and locked up.- An examination 'of his arms showed that they were in excellent working condition. Bonner then admitted that he was able to throw his bones out of joint without Inconvenience, and that he has been making uso of this knack for some time . past Judse. Cameron will pass sentence today. LEE MEMORIAL SATURDAY Daughters of the Confederacy Com plete Arrangements for Services- A called meeting of. the Multnomah Chapter.- Daughters of the Confederacy was held yesterday afternoon to complete arrangements for the Lee memorial ser- vices to be held 'next Saturday In th'e Women of Woodcraft hall. The disposition- of a sum of $50, which the Multno mah Chapter sent to the flood sufferers in Pensacola during: the storms last Pall, and which that chapter returned, was aJso decided. At the time of the flood the "local daughters were Quite active in their aftorts to help their Southern as sociates and through a benefii theatrical performance were enabled to send sub stantial amounts to a number of states and cities in the flood district. The Pen- facola Chapter, evidently, misunderstand- sent them that of distribution among the needy returned the amount to the Portland daughters. It has been decided to turn the 150 in a u est Ion " into the general relief fund maintained by the local organization, and not to return it to Pensacola with more explicit directions, as a few of the mem bers favored doing. There have been no misunderstandings or contentions about the matter and It was settled most amicably. The Multnomah Chapter Is a comparatively, new organization but Is flourishing and growing in membership. The president is Mrs. Jonnle George. Board of Trade to Meet: ' The executive committee of the Board of Trade will hold a meeting this after noon, when it is understood that several matters of Importance will come up for consideration and disposal. Home Training Association. HAND SARQLIO TOR. TOILET AND BATH Delicate enough 'for , the softest skin, and yet efficacious in removing any stain. Keeps the skirt in perfect condition. In the bath gives all the desirable after-effects of 'a Turkish; batli. It should be on every wash- stand. ing:the purpose for which the $50 wasj The Home Training Association wlUiALL GROCERS AND DRUCrCrlSTS hold a meeting, at the City Hall this afternoon at 3 o'clock. The subject is "Dental Problems of Chlldreji,". and will be discussed by Dr. Walter F. tewt.