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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 22, 1910)
12 THE 3IORXIXG OREGONIAX, TUESDAY, (FEBRUARY 22, 1910. i; FEES OF CURELESS EXECUTORS OROP Court Declares Accounts of ( Calef and Goode Estates U Were Kept Negligently $1900 CUTS ARE ORDERED Edward Quackenbusli and S. G. Red Exonerated of Wrongdoing a Managers but Criticised. Charges Xot Proved. ; y County Judge Webster's decision of : the Charles E. Calef estate case and the Henry W. Goode estate case yester- day morning was almost entirely In favor of the executors. While In both cases their fees were pruned, the court exonerated the executors of charges ' of mismanagement preferred by the heirs. Edward Quackenbush Is the only sur viving executor of the t'alef estate, although three were appointed soon after Mr. Calef died. Almira C. I. Wood objected to his final account, ' saying he had failed to obtain orders from the court in making loans and taking mortgages, that he had failed . to carry out the provisions of the will properly, and that he had treated the estate as though it were his own prop erty, appropriating the funds to his own use. Fees Are Cut Down. The complaint demanded that Quack enbush refund JSODO, which she said had been lost by the estate on account of bad loans. Judge Webster decided that Quackenbush need not pay this amount. A few smaller alleged dis crepancies, called to the executor's at tention, and admitted In a supplemental report, were allowed by the court. He also reduced from $350 to $l.".0 the at torney's fee for filing the final report, and disallowed another attorney's fee of $1000. The Judge said, in deciding the two rases, that many of the points urged by the heirs In their objections to the way the estates were managed were not within his jurisdiction. Those charges which he could pass upon, he ' said, were not proved. He declared that the executors themselves were i largely responsible for the investiga ? tion of their manner of handling the ji estates, saying the accounts in both -cases were kept in a negligent manner. 11 v ' j .-i v n nit- nuns sLarcea to Straighten out the tangle. Reed Is Vindicated. The claim of S. G. Reed, formerly executor of the Goode estate, for J1250 attorney's fees, was reduced by the . court to $1000. and his claim for $3."00, as executor's fees, was reduced to $3000. Judge Webster also directed trat he pay the estate $300 as rent . of the building at Fourth and Yamhill . nreets, formerly used by the Wells I Fargo Express Company. Mrs. Edith ! K. Goode. the widow, at whose request j Reed resigned as executor, said Reed s Tailed to follow her suggestions in re- j pairing the building so It would have ; been rentable after., the express com- pany removed. 1 Mrs. Goode made serious charges against Reed, saying that he opened - her husband's private safety deposit rault and secured valuable papers which he failed to turn over to her. and that he failed to handle the estate" in rlebtedness and the funds in the bank In such a way aa to cause the least pos sible loss. After hearing both sides af the case Judge Webster decided that Reed was vindicated. FRAUD IV WIM, IS AM.EGED Two Sons Acense Sister of I ndue In fluence Vpon Old Man. Alleging that Mary Bever. their sister, practiced fraud upon W. T. IJnn. their Bged father, as he lay upon hl death bed at Good Samaritan Hospital. Charles A. Linn and George E. Linn filed a peti tion In the County Court yesterday morn ing in an effort to break the will. Bernard Unn. a grandson. 24 years of age. living at Kelso. Wash., joins with the brothers In the petition. The will cuts- the two brothers and the grandson off with $5 each, and gives the balance of the- estate estimated to be worth about $3000, to Mrs! Bever. Mr. Linn, Sr.. died at Good Samaritan Hospital November 2X, 1!09. being 74 years old. The will was executed two days be fore in the presence pf . McClure and Arthur J. Gantter. It is signed in a sorawly hand, which is almost unrecog nizable. The three heirs allege that for three- months before he died Mr. Linn was mentally Incompetent to make a will, forgetting from one day to the next persons whom he had met and. events that had happened. Charles Linn says he visited his father a few days before he died, and that the sick man did not recognize him and was suffering at that time from mental delusions. On December 13 Attorney C. M. Idle mau, Mrs. Bever's attorney, filed a peti tion that she be appointed executrix of the estate, and that the will be admitted to probate. She was appointed December SI. An order to this effect was accord ingly made. But no appraisement has since been filed, allege the heirs, so they do not know the exact value of the estate. The will is short, that portion relating to the bequests reading: I hereby clve. devise and bequeath to t hai-lea a. I,lnn. Georfre K. Linn and Bern ard L. Linn each the Bum of $5. and all the remainder of my property, after paving my Just debts and funeral expenses, wher ever th same may be found. 'whether the same be personal, real or mixed, and of which I die slezed or possessed. I hereby rive, devise and bequeath to my beloved daughter. Mary Bever. to have and hold unto herself, her heirs and assigns forever. Fraudulent representations and undue Influence are alleged to have been used by the daughter. G. W. Bever and M. G. McCorkle to compel Mr. Linn to sign the will. Upon motion of Attorneys McAllister & Cplon. representing the heirs, that a hearing be had. Judge Webster ordered that Mary Bever appear in the County L'ourt at 9 A. M.. 'March 17, and show cause why she should not be removed"as executrix. WOMAN SUES CANADIAN ROAD Steps From Train In Dark and Sus tains Serious Bruises. Failure of the Canadian Pacific Rail way Company to place a light at Its sta tion platform at Sicamous Junction. B. C, tias led to a damage suit begun by Virginia Multhauf to recover $1950. She filed the complaint In the Circuit Court yesterday. Mrs. Multhauf says she bought a ticket from Portland to Kalamazoo, Mich., last .August, and that about 10 P. M., August OIL TANK CAR JUMPS TRACK 7m .IK" t5 4 " i U - r&!v Six. St t t WRECK DELAYS INCOMING TRAIN ASD PASSENGERS ARE COMPELLED TO TAKE TO STREETCARS. 14. she stepped off the tar at Sicamous Junction. The distance between the car step and the platform at the station was so far as to be unsafe, she says. Because there was no light, she accidentally fell between the platform and carstep. bruis ing herself In two places. She was not prevented from . continuing her trip, but was obliged to stop at various places to have the wounds dressed, she says. Since returning home, she states that Bhe has been unable properly to attend to her household duties. RAFFAEIiO GETS PRISON TERM Man Who Shot Countryman Must Serve Three Years. Constanzo Raffaelo, who fired two shots at Pasqualo Saraflno on November 39." was sentenced by Circuit Judge Bro naugh yesterday to serve three years in the Penitentiary. "If the circumstances In this case were different," said the Judge in passing sen tence, "I would like to comply with the wishes of your attorney, Seneca Fouts. and give you only a Jail sentence, for it Is the policy of the law, where there Is a reasonable probability of reformation not to place upon a man a very heavy punishment. Rut I do not think the end of justice would be subserved by a -jail sentence in this case. In view of the fact that you put two bullets in Sarafino. The practice of carrying concealed weapons is an especially pernicious one. In this country, especially in the city, there Is no necessity nor cause for a man carry ing a gun. and the practice should be discouraged.'' Telephone Company Sues Road. The United Railways Company is being t sued In- a complaint filed in the Circuit Court yesterday by the Home Telephone Company of Linnton. At the time the Vnited Railways put in Its new line be tween Portland and Linnton the tele phone company's wires were strung to poles on the east side of the road. The telephone oompany agreed to place the poles on the opposite side. It Is alleged, if the railway rompany would bear half the expense. The phone company de mands $1S-1.24. half the cost of moving the poles under this verbal agreement. Asks $50,000 for Sprained Knee. Anna Dean filed suit yesterday against the Portland Railway, Light & Power Company demanding $50,000 for a sprained knee and internal injuries re sulting from a collision at" Grand and Hawthorne avenues between a Mount Scott and. Waverly-Woodstock car.- The collision took place September 24. The plaintiff was on the Waverly-Woodstock car. She says she was obliged to spend $400 for doctor's bills and $50 for a nurse. Court Notes. Fred A. Jacobs was appointed by Countv Judge Webster yesterday ad ministrator of Frank Jacobs' estate, valued at $5000. The administrator gave a $10,000 bond. Harry Reckwith, G. M. Schrock and C. W. Hodson were appointed appraisers. Jacobs died at Sabot. Va., October 27, 1907. Peter Samlngsen, a Columbia River fisherman, . filed in the Circuit Court yesterday a damage suit, in which he asks that the Sheridan & Wlllamina Railroad Company be compelled to pay him $5150. He says he was a paasen gej on tlm company's logging train on Iecember 21. last year, and that several cars of'logs jumped the track. He was In the caboose and was thrown violent ly against thetove, bruising his head and body and breaking the drum of his right ear. He is now unable to hear -boats as they approach from the right side, he alleges, and is therefore un able to continue his work as a fisher man. Nancy S. Cramer filed a mvorce suit in the Circuit Court yesterday against Henry J. Cramer. She says he has be come a habitual drunkard, so that she is unable, longer to endure his conduct. She married him at Puyallup. Wash., Feb ruary L 1904. The suit of the city against John Mc Leon over the opening and laying out of Kllllngsworth avenue from Union avenue east was on trial before a jury in Judge Bronaugh's department of the Circuit Court yesterday. ANNOUNCEMENTS. For Shur-On Eye Glasses, Kryptok In visible Bifocals and Deep Curve Lenaes, see Thompson, eye specialist, second floor Oorbett bldg., 6th and Morrison. CARD OF THANKS. We desire to express our sincere thanks and appreciation to the many kind friends who rendered us assistance during our bereavement. . EVELYN J. SHEER. M RS. W. H. WALKER, FLO M. SHEEK. - i ' HAZEL B. SHEEK.. Salem. Oregon. I have sold Hall's Texas Wonder of St. . Louis, Mo., for the last five years for kidney, bladder and rheumatic troubles, and have never had a complaint and cheerfully recom mend it to the public. J. C. Perry. Sixty days' treatment in each bottle. Morgan & Robb, 250 Stark st., can write your contract bonds for you. WHILE CROSSING TRESTLE AND QUAM GULCH. CAR DROPS 20 FEET Oil Tank Falls From Marquam Gulch Trestle. ENGINE BRAKE BEAM DROPS Projection Plows Into Ties Vntil 'Car "Buckles,"' Turns Somersault . and Plunges From Bridge. Damage Estimated $2000. Because of a broken brake-beam on an engine-tender, there was a wreck at the south approach to he Southern Pa cific, trestle over Marquam Gulch, on Fourth street. yesterday morning, when a tank car. full of oil. buckled, turning a somersault, and landed t the foot of the embankment, 20 feet be low. Had the accident happened a few yards nearer the city, the car, and perhaps the whole train, might have fallen 100 feet to, the bottom of the gulch. ' The train consisted of two engines, the oil tank car. three flatcars and one boxcar. Just after It had crossed the trestle, going south, the brake-beam on the tender of the rear engine broke and the ends plowed into the ties and rails. For a distance of four rail lengths the sharp ends of the broken beam plowed through the wooden ties, cutting most of them squarely in two. They finally caught against a rail and tore It out. The oil tank car and the three flatcars left the track, al though the flatcars did not tumble down the embankment. No one was hurt. ' The engineers and the switchman, who was r idling In front, said that the noise of the broken beam plowing into the ties was drowned by the puffing of the two engines and they were not aware of the trouble until they ex perienced the terrible bump caused by the buckling of the oil tank car. The train was then brought Immediately to a standstill. Within a short time a wrecking train was sent to the scene.. The morning train from McMinnvllle arrived before the track was repaired and the pas sengers were forced to alight and ee-k the- streetcars to convey them down town. The debris was removed and the track fixed up so that the r.fter noon passenger, trains could pass. The damage resulting from the accident is estimated at $2000. PROPOSES A HOP EXCHANGE Lilientbal Thinks Option Trading Would Be Beneficial.' NEW YORK. Feb. 34. (To the Editor.) The present dullness In hops is too evident, but &s to the general future, dealing with reasonable prospects,- i can see only higher prices for two years. The reasons may be summarized as fol lows: PROS. Frst On October 1, imO, the world will have 800.000 cwt. less In stock than It had on October 1. 1909, whatever that amount may be. . The reduction In Germany will have been 423.000 cwt; In England. 250,000 cwt.; tn the United States. 123.00O cwt. Second An average crop on the present world's acreage will not produce the aver age consumption. leaving another deficit for the season 193O-1011. Third The demand from consumers at the opening of the next crop will be for twice as much as last year, having that much more stimulus on prices. Fourth The acreage in En gland is re duced by one-third, as against the last five year average. The acreage in Germany has been reduced 2." per cent in two years. These factors are particularly important. Fifth The world's consumption of beer is slowly but steadily increasing. CONS. First The increase of excise duty In England, as contemplated in the budget, temporarily at least, unsettling established methods. Second The possible increase of acreage during the next two years in Bohemia and on the Pacific Coast. The present dullness Is most trying, but can be attributed partly to the poor quality, but principally to the lack of proper ma chinerey for handling the crop. Growers want to sell their hops in November and De cember of a crop year, while the hops them selves are marketed to consumers only four to ten months later. It seems to me that all interests would be benefited by the formation of a National. jpxehange, accompanied by a graded certifi cate system, permitting trading in options for certain months' deliveries. I should like to see you open tha, columns of your valued paper as a forum for the dis cussion by growers, dealers and even con sumers. I shall be pleased, for one. to re ceive communications, and to lend my little influence in this direction. Even the Government treats us badly. No effort Is made, as In Germany, and Eng land, to census the acreage, yield, etc., or to make official crop reports. Why do we not unite, all in an effort to get, at- least, these facts into systematic shape? Present growers stocks In the United States w estimate at B 5,000 bales; of these, DROPS 20 FEET INTO MAR- x England should take 15.000 and local con sumption 20.000 (one month's consumption ). But even if 15.000 should be left on Novem ber . iftlO. we should have this position. Crop jio. United States, maximum . .250.onr Surplus as above 1S.OOO 2r..ooo Consumption . 5145, OOO Surplus for export 20.000 This will surely not satisfy England, which on an avers ge est imate of yield for lftlrt will need to import 275. OOO cwt.. or saj-, 1 75,000 bales. If she buys them from Ger many, she will have to pay :io-35 cents; what will she pay for United Sties hops? Good IftOO hops should .be worth, as year lings, quite as much as they can be sold for now. " Growers are foolish to 'contract their 1010 rop. It Is not likely that they will ever ha vp to take less, and the chances are de cidedly favorable to their getting consider ably more. ALBERT LFLIBNTHAU 102,900 Trees to Be Inspected. VANCOUVER. Wash., Feb. 21. (Spe cial.) The biggeet shipment of fruit trees ever inspected by District Fruit Inspector A. A. Quarnberg, of this district, was sidetracked here today for inspection while en route to Sandal in the eastern part of Klickitat County. The shipment contains 102.900 trees and Is consigned to J. R.. Shepard, and cornea from Orencov Or. Chamberlain-s Cough Remedy never disappoints those who use it for ob stinate coughts, colds and irritations of the throat and lungs. It stands un rivalled as a remedy for all throat and lung diseases. Sold by all dealers. SIXTY DAYS OF INSOMNIA END Ctrl SladcnO Black Coffee Diet for Ex amination early Fatal. Special to "The Record." V Des Moines. Ia., May 17.-Sleep came for the first time in two months to Miss Esther Chinberg, of Odsbolt. Ia., a stu dent at Simpson College, Thursday night. Starting 60 days ago to cram for her final examinations. Miss Chinberg began drinking black coffee and taking other steps to keep hersef awake until she found sh$ had contracted a case of insomnia that outstrips anything in the history of medical science in the Middle West. It was not until physicians had worked over the girl for weeks that she yielded to treatment, and Thursday night slept for a short time. The fol lowing night she slept somewhat better and Saturday had a good night's rest. Another week of the terrible strain would have cost the co-ed her mind, the doctors say. Philadelphia Record. Miss Chinberg 's experience is excep tional only in the amount consumed and the correspondingly quick results. The caffeine in coffee gets in its work with ' every cup one drinks, and nature, in so far as possible, may or may not correct the harm done. You can tell by the con dition of head and heart, nerves and stomach. If they are not right, try a com fortable change .to rm It is just as satisfying and pleasing as coffee when prepared right, (directions on every package), and instead of tearing down the health, Postum will build it up. Thousands have voluntarily so testified, and you can prove it by it Th 9 r ere s a Reason Postum Cereal Company, Ltd. Battle Creek, Mich., U. S. A. RAIL COMMISSION IS UPHELD AGAIN Court Holds 14 Per Cent Cut in Freight Demanded of 0. R. & N. ls Legal. NUMEROUS REBATES DUE Shipments From Portland to Points East of Dalles Involved Judire AVoIverton Routs Railway's Suit Appeal Probable, Judge rolverton, of the United States Court, yesterday morning: routed the at tack of the Oregon Railroad & Navigation Company on the legality of the existence of the Oregon Railroad Commission and on Its order of May. 1308. fixing a 14 per cent reduction in freight rates from Portland to points east of The Dalles. Two points made clear by the opinion are that the Railroad Commission Is a constitutional body, and as such, it has a right to control charges for freight shipped from one Oregon point to an other. The coiyt expressly declined to pass upon the question as to what control might be exercised TSer freight shipments from common Eastern points should the railway attempt to handle them un der the provisions of the Interstate Com merce law. It. is the contention of the attorneys for the Oregon Railroad & Navigation Company that so long as the goods remain In the original packages they may be reshlpped to retailers in Oregon under the tariffs in force be tween terminal points. Rebate Claims Numerous. Judge Wolverton ruled that the order of the Railroad Commission applied sole ly to commodities originating at Port land or In this vicinity, and that no ef fort had been made to interfere with interstate commerce. He pointed out that such an issue might be raised in future litigation. Within a few days. It is' believed the Oregon Railroad & Navigation Company will be called upon to redeem a large number of freight bills, rebates being claimed for all charges which have been collected in excess of the rates fixed by the Railroad Commission order of May. 190S. When the litigation bejyin It was announced by the Chamber of Commerce that all shippers should retain their freight bills pending a settlement of the suit, and the railroad company furnished a bond of $50,000 guaranteeing the re demption of the over-charges in case the orders of the Commission were sustained finally and the cut rates placed in ef fect. Injunction Was Sought. Within 20 days of the rate order of May, 1908, the Oregon Railroad & Navi gation Company filed a bill of equity in the United States Circuit Court asking for an injunction Restraining the Railroad Commission from putting into effect the reduced rates between Pbrtland a.nd points east of The Dalles. Grounds for the request were that the act of 1907. creating the Commission, violated the constitution of the state In that it was Outside This news item, clipped from the Phil adelphia Record, points ont the powerful effect that coffee exercises upon the nerves and brain a fact we have often cited. Small doses of coffee 4 ' get on" the nerves in a small way, and in most cases it takes some time before the nervous sys tem and stomach are seriously affected. Nature le trial. 99 "Delicately Formed and gently reared, women will find In all the seasons of their lives, as maid ens, wives and mothers, that the one simple, wholesome laxative remedy, which acts gently and pleasantly and naturally and which .may be taken at any time, when the system needs a laxative, with perfect safety and real ly beneficial effects, is Syrup of Figs and Elixir of Senna. It has that true delicacy of flavor which is so refreshing to the taste, that warming and grateful toning to the stomach which responds so favor ably to its action and the laxative ef fect which is so beneficial to the sys tem when, occasionally, its gentle cleansing is required. The genuine, always bearing the name of the California Fig Syrup Co., may be purchased from all leading druggists in original packages of one size only, price fifty cents per bottle. charged to confer executive, legislative and Judicial powers; that the act was unconstitutional because of excessive penalties provided: that no adequate remedy for reviews of the orders of the Commission was provided, creating the fear that the railroad might be deprived of its property without due process of law; that the order of the- Railroad Com mission was an attempt to regulate in terstate commerce, and that the reduc tion as made would prevent the company from making fair net earnings on its in vestment. Attorneys Teal and Minor were engaged to represent the Chamber of Commerce and the Railroad Commission, and a gen eral demurrer to the bill was filed and argued. After several months' consider ation of the case Judge Wolverton ren dered an opinion September 28. 1909. in which he sustained .the demurrer in a lengthy review of the Issues. The court sustained the constitutionality of the act of 1907 creating the Commission and con ferring the power to regmate railroad charges within the state. Second Complaint Piled. In November of 1909 the Oregon Rail road & Navigation Company filed an amended bill of complaint, which was overruled yesterday and the case ordered stricken from the docket. The railway company may conclude to exercise its right of appeal, and no doubt will take the full time allowed by the rules of the court to determine that point. In the last case filed the railroad com pany alleged that 40 per cent of the freight affected by the order reducing rates, originates outside the state, and Is reshlpped from Portland in original packages. The court declined to indi cate what its ruling would be should a suit be brought involving that question, saying that to do so would be an at tempt to read words- into the law which were not intended by the legislature. President Helps Orphans. Hundreds of orphans have been helped by the President of the Indus trial and Orphan's Home at Macon. CJa., who writes: '"We have used Electric Bitters In this Institution for nine years. It has proved a most excellent medicine for Stomach, Iiver and Kid ney troubles. We regard It as one of the best family medicines on earth." It invigorates all vital organs, purifies the blood, aids digestion, creates appe tite. To strengthen and build up pale, thin, weak children or rundown people it has no equal. Best for female com plaints. Only 50c. at all druggists. DURING SlEP Repairs the Human Engine. Evidence The activities' of the day cause more or less waste of tissues in the human engine, which Is repaired at night dur ing; sliep. man or woman who can sleep well at night Is sure of the necessary repairs, other things being right, to make, each day a time of usefulness aixl fivins a' real Joy. . But let insomnia get hold of you and the struggle begins of trying to work with a machine out of repair.' A Neb. woman's experience with coffee as a producer of insomnia is interesting. She says: "I used to be a coffee drinker and was so nervous I could not sleep at night before about 12 o'clock, unless I would take some medicine. I was under the doctor's care for about five years and my weight got down to 82 lbs. "The doctor said I would have to quit drinking coffee. Then my father got me to try Postum which he said had done wonders for him. I am past 43 and before I quit drinking coffee my heart would jump and flutter at times, miss a beat, then beat so fast I could hardly breathe In enough air and I would get smothered. "My tongue would get so stiff I could not talk and I could-not hold a glass to drink from. Since I have boen drinking Postum, in place of coffee, I can sleep sound any time I He down, and I feel I owe everything to Postum. I now weigh 120 lbs. and am well." Read "The Road to Wellville" in-pkgs. ' a' ill snS The Addition With Character LOT, YESTERDAY O FRIDAY, FEBRUARY 11 $60,000 Total Sales for February Will Run Over $300,000 O Most of the sales in Laurel hurst are to peoplo who now own their own home elsewhere in Portland. They plan to build their permanent homes in Lau relhurst. We c-n furnish you a large list of these. o Building operations in Laurel hurst wKl start on a tremendous scale with the opening of Spring. Plans for at least 63 homes are at present under way. o Contracts for every improve ment to be made in Laurelhurst have been awarded and all im provements will be. finished by August 1st. ASPHALT STREETS 9-FOOT PARKWAYS CLUSTER LIGHT! CEMENT WALKS SHADE TREES ' WATEL SEWER GAS 7STC. . o BMntavilla or Rose City Park cars; both lines run to and through the property. Prices will positively be advanced March 15. Lots Now Selling From $1000 UP 10 PER CENT CASH 2 PER CENT MONTHLY O 522-526 Corbett Building. Phones Main 1503, A 1515. lmWIrst LAURlpRST IMIRMURST LAURELWHURST