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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 24, 1919)
THE MORNING OREGONIAN, WEDNESDAY, DECE3IBER 24. 1010. 0 JUDGE SAVES LAND CASE FOR WOMAN Stapleton Refuses to Be Party to "Further Robbery." JURY GIVES HER AWARD Atorneys Criticized for Poorlj Drawn Complaints Realty Deal Called an Outrage. Verdict for the plaintiff, entitling her to recover 11125, was returned late yesterday by a Jury in Judge Stapleton's department of the circuit court, in the action of Lottie Lewis against E. B. Griffin and Webster L. Smith, who were alleged to have in duced her to make an unprofitable real estate transfer, to their own ex orbitant gain.' "I'll not be a party to further rob bery of this woman," sputtered Cir cuit Judge Stapleton yesterday as he refused to grant a non-suit on tech nical grounds. . . "It is too bad that courts are crit icised when they must of necessity become apparent parties to fraud be cause the attorneys have not drawn their pleadings so that they will hold water," he continued. "This is an outrage, however, and in this case I will not be a party to a hold-up. ,1 am going to submit the case to the jury and take chances on a reversal in the supreme court." The remarks were made out of hearing of the jury at the oonclusion of argument for a non-suit. Request for a non-suit so far as concerned C. P. Ehman and Walter O'Neil. two other defendants, was granted by the court on the ground that there was no evidence connecting them with the transaction. The allegations of the plaintiff, which met with the sympathy of the court, were that Smith, as agent for Oriffin, induced her to trade her homestead in Benton county and home at Lents for five lots in Goldendale, Wash., and six lots in New Albany, Floyd county. Indiana. Her property was worth $2000. Mrs. Lewis, who was a widow at the time and had to support a small daughter, testified that investigation had shown the six lots in Indiana to be worth not more than $2.50 each, or o in all. and the five lots in Goldendale to be located on a hiilside near a cemetery instead of in the busi ness district as represented, and worth not more than $1 each. The motion for non-suit was made on the ground that the complaint did not allege actionable fraud. The case had been thrown out of court by Circuit Judge Tucker previously because of poorly drawn pleadings, but even the amended complaint was held by Judge Stapleton to be on very shaky basis. "It doesn't look like the case has any peg to hang on." he remarked, "'but I refuse to participate in robbery." FOREIGN TRADE RUNS HIGH TKN l.lvMllNCi CUSTOMS DIS TRICTS TOTAL $8,812,768,000. New Orleans, Wins Second Place for First Time in Sevoral Years. Scatle Drops to Fourth. NEW YORK. Dec. 23. Foreign trade handled in ten leading United States customs districts in 1919, according to statistics just made public here, ag gregated $8,842,769,000 in imports and exports, of which New York led with 45.5 per cent. This port's proportion of the total imports handled was 44. o per cent, and of the exports 46.3 per cent. There was a lively competition for second place, it was said, between Boston, Philadelphia, Baltimore, New Orleans. San Francisco and Seatttlc. New Orleans won for the first time in several years. Philadelphia crowded New Orleans so close that an addi tion of a million dollars to the value of the former's foreign commerce would have placed her in the lead. Seattle. Boston, San Francisco. Detroit, Baltimore. Galveston and Buffalo fol lowed In the order named. During the preceding fiscal year Seattle snatched second position from Philadelphia, which had just achieved it for the first time in manye years. Baltimore and Galveston lead Bos ton and San Francisco In the value of their exports, but the weakness of th first named ports lies in the paucity of their Imports. There is no port in which imports exceeded ex ports, although they come nearer to balancing at Boston. Montreal led the North American ports except New York, with a total foreign trade of $700,000,000 in value. killing McDonald Stewart, the verdict of Uie lower court was affirmed in an opinion written by Justice Bennett. Other opinions handed down today follow: Alexander C. Rae versus neilig Theater company, appellants, appeal from Mult nomah county, action to recover money; opinion by Justice Bean; Judge Robert G. Morrow affirmed. Robert Looney et al. yersus James K. Bears, appellant, appeal from Gilliam county, suit to quiet title: opinion by Jus tice Benson: Judge D. R. Parker afflrmed- S. A. Laurence et al. versus Anna M. Brown et al.. appellants, appeal from Grant county, suit to determine claims on water rights; opinion by Justice Bean; decree of Judge Dalton affirmed with slight mod ifications. E. c. Proprt versus William Hanley company, appellant, appeal from Malheur county dispute relative to contracts; opin ion by Justice Burnett; decree of Judge Dalton Biggs affirmed with slight modi ffscations by deducting from amount of n-oney recovered. Mary R. France versus Robert E. France, appellant, appeal from Marion county, action based upon decree of di vorce to enforce one of the requirements of decree; opinion by Justice Benson; judge Percy R. Kelly reversed and case re manded. R. N. Stanfleld versus Rector Arnwlne. appellant; appeal from Malheur county, ac tion to recover money on contract for the sale of land; opinion by Justice Benson: Judge Dalton Biggs reversed and case re manded. Fremont Ward versus Mary Iee Ward et al., appellants; appeal from Gilliam county, suit to clear title to certain lands; opin ion by Chief Justice Mt Bride; Judge David R. Parker affirmed. City of Portland versus Catherine Kitchen et al., appellants, appeal from Multnomah county, motion to retax costs denied by Chief Justice McBride. Petition for rehearing denied in Ore gon Home Builders versus Montgomery, and in Cranston versus California Insur ance company. KANSAS PLANS NEW LAWS LEGISLATURE TO FIRST HUM, WITH STRIKE PROBLEMS. BHITONS PLEAD FOR PACT LONDON CHAMBER ADDRESSES LODGE AND HITCHCOCK. Ratification or Treaty Even With Reservations Advocated so U. S. Can Lend Hand. LONDON, Dec 23. The American chamber of commerce of London has addressed messages to Senators Lodge and Hitchcock on the subject of rati fication of the peace treaty. The chamber is composed of mem bers of all the leading American bankers, merchants and business firms doing business in Great Britain and also of the leading business, banking and commercial concerns trading with the United States. The message says in part: "The failure of the United States to ratify the treaty and enter into working arrangements with the allies is causing our motives for entering the war and our hesitation in going into the reconstruction plans to be misrepresented and misunderstood. "America owes it to herself, as well as to the world, to come to the help of the disorganized and starving por tions of Europe. The internal ma chinery started by the peace is fall ing to pieces. All actual progress towards peace is checked and peoples are slowly drifting towards famine and anarchy, which can be remedied if the United States will decide quick ly and assume her responsibilities. "We therefore urge you to use your utmost endeavors to secure ratifi cation of the treaty, with such reser vations as may have to he made to break the present deadlock." Water in Polk County Subsides. DALLAS. Or., Dec. 23. (Special.) The high water of the streams in this section, wihch threatened to do a great amount of damage Saturday, has gone down materially and all danger from floods is considered past. The LaCreole river, which flows through Dallas, was out of its banks Saturday and for a time threatened to damage dwelling houses along its banks but this morning the stream had fallen several feet. Extra! Orpheum show tonight. Ad. Administration Legislative Pro gramme as Proposed Includes Three Dominant Policies. TOPEKA, Kan., Dec. 23. Prepara tory to the meeting of the Kansas leg islature in special session January 5, members of that body have under consideration numerous plans for a state law which will meet the re quirements of the present industrial situation, brought to an acute head by the coal strike. Governor Henry J. Allen in his proclamation calling the special session, has asked the leg islature to formulate some method whereby disputes between employes and employers in essential industries may be settled without a complete curtailment of production, caused by strike or lockout, pending a settle ment of the dispute. Arbitration of these disputes. Governor Allen de clared, has proved Inadequate. Some other plan, in the operation of which neither party to the dispute shall have a final voice, must be devised, he stated. The administration legislative pro gramme as proposed will include three dominant policies. Preliminarily an industrial court will be urged. It is said, with a possibility that the legislature may undertake the estab lishing of such an institution Itself, and also recommend such as a solu tion of the current problem on a rational basis. Profiteering laws will be second. Recourse by the public may be se cured through a bill providing for a jury determination of profits. An other course in this particular may be through a commission or license system to retailers and affecting tradesmen, middlemen and producers. A third provision considered of vital Importance is for a new workmen's compensation law. A commission was appointed by the governor, at the request of the last legislature, which met the first part of this year, to investigate the operation of the pres ent workmen's compensation law and to report recommendations for Its revision or a new law. Hope that the interests of the gen eral public will be fully considered by the legislature is seen in the fact that its personnel includes a wide variety of trades and professions, with men of agricultural interests predominant. ROAD PLANS UNDER WAY Chehalis Selects Members or Body to Consider Bond Issue. CHEHALIS. Wash., Dec. 23. (Spe cial.) President A. C. St. John of the Chehalis Citizens' club today an nounced the appointment of B. H. Johnston and John Saunders of Cen tralia and Ernest Childers of Lincoln creek, as first commissioner district members of the committee that was authorized yesterday to call a meet ing of Lewis county citizens to con sider a general road-bonding plan. Other members of the committee include N. B. Coffman and John D. Neville of CheHalis and George W. Onn of Dryad for the second commis sioner district; J. A. Ulsh of Glenoma. W. A. H. Birley of Mossy Rock and Dr. R. H. Campbell of Vader for the third district. The committee will meet in Che halis Tuesday, December 30, when it will organize by selecting officers and get its work under way. Fire Damages Dallas Building. DALLAS. Or., Dec. 23. (Special.) The storeroom and smoke house of the Dallas Meat company was almost totally destroyed by fire about 11 o'clock Sunday morning and only the prompt response of the fire depart ment saved adjoining property. The building and contents were covered by insurance. Extra! Orpheum show tonight. Ad. Extra! Orpheum show tonight. Ad. HER TO BE RETRIED SUPREME COURT REVERSES MANSLAUGHTER VERDICT. Degree of Provocation Justifying Killing Another Question Be fore High Tribunal. SALEM. Or., Dec. 23. (Special.) In an opinion written by Justice Har ris the Oregon supreme court today reve-rsed the verdict of the circuit court of Grant county in the case of Frederick Rader, convicted of man slaughter In killing E. E. McCue, on February .20 1918. The case was re manded back to the lower court for retrial. Following his conviction Rader was sentenced to serve six to 15 years in the penitentiary, and has since been at liberty on bonds pending disposi tion of his appeal by the supreme court. The testimony introduced at the trial showed that at the time of the altercation between Rader and McCue, the latter weighed in the neighborhood -of 200 pounds, while Rader tipped the scales at lis pounds. As a result of the difference in weight Rader was thrown to the floor by his opponent and beaten Into insensibil ity. While a third man was carrying Rader from the house in which the altercation occurred he is said to have shot McCue twice. Inflicting fatal wounds. What provocation a man must en dure before he is justified in killing another in self-defense was the chief question before the supreme court, and the only point on which the jus tices divided. In the case of the State vs. William E. Butler, convicted of manslaughter In. Jackson county in connection with If you can only afford to buy one Electric Appliance, buy an Electric Grill T HIS simple Appliance cooks several things at the same time and can be utilized to answer almost any purpose at the dinning table, especially at breakfast. . Edison Electric Appliances are best and bear the same relationship to standard heating appliances that Edison does to Electric Lamps. Ho me Sewing w ith an Electric Sewing ISAachine will reduce the H. C. L. Nothing to which Mr. Edison has put the test of his remarkable genius so benefits the housewife as an Edison Electric Sewing Machine. Portable Easy to run Economical to operate Seld for cash or easy monthly payments. Operates from any Edison Lamp Socket tESiooi Open Eralnn Until Christmas. "Buy Electric Goods From People Who Know." SMITH McCOT ELECTRIC CO.. 104 5th St.. between Wasblnrton and Stark. 571 Washington St., between 17th and 18th. Phone Main 8011. TJfie Store of dutiful Oft? Offers These Last-M inute Gift Suggestions Xr A Gifts for the Table Christmas Blouses WW From $4.95 to $16.50 Lovely Models in blouses of crepe de chine and Georgette. The colors are all those most desired this season and every blouse is beautifully made and as artistic as can be. They will make gifts that will be long remembered and cherished. Beautiful and snowy damask table cloths in the fern pattern are marked per yard. . .$2.25 , Napkins $7.50 Doz. Napkins to match the above pat terns will complete the set. Scalloped .Cloths Circular, scalloped damask table cloths, 58 inches wide, are $2.35 Hemstitched Cloths Of fine damask, 64x72 inches. These cloths are priced at $3.95 Crepe Gowns $1.75 to $2.75 Women's fine Japanese crepe gowns in white with colored stitching, pink with contrasting stitching and in pink background with blue motifs are very dainty and desirable. Of Crepe de Chine and Satin. Envelope chemise in flesh with lace and ribbon straps $3.25 Camisoles in many new and original designs of crepe and satin are $2.50 Crepe de chine gowns with lace and embroidery-finished tops are $6.95 Cuddledown Sets $4.50 These include a daintily colored bath robe, a little blanket and a pair of soft, warm sleepers for little boys and girls. Sweaters For Children At prices varying from $1.00 to $2.95 you can find the warmest knit sweaters in bright and attractive colors for the little tots. For Men A heavy-weight sweater in gray with high roll collar and pockets is very specially priced at. . . .$4.25 New Slipons For misses and women are in artistic colors and prettily fash ioned. They have the bell sleeves and the wide ripple so popular. GIFT HOSIERY Pure Silk Hose $1.75, $2.00 $2.50 For these prices you may find lovely silk hose in black, white, gray, field mouse and brown, though not all colors in every price. "Gordon' Silk Hose $2.75, $3.25 The name speaks for itself in these hose and they come in black and a lovely rich brown. Children's Dresses Of Lovely Ginghams and Percales $1.95 Dresses that are made in most attractive patterns and of such pretty color combinations that they cannot fail to please both mother and the little wearer. Exquisite Lawn Dresses $2.50 and $3.25 Every little girl should have one of these dainty white lawn frocks with their lace ruffles and wide sashes of soft colored satin to put on when she goes to view the Christmas tree. If not, she should find one on it ! Handkerchiefs 3699 of Them! In embroidered and hemstitched patterns; some of them of pure linen; all of them as lovely as can be At the Marvelous Price 10c Each Besides these are great numbers in lawn, sports, all white and a dozen other kinds of handkerchiefs in varying prices. 10c 15c 25c 50c 75c Mens . Ties 75c, $1.00 A large assortment of men's gift ties of a very lustrous quality of fine silk. Silk Hose $1.00 Pair Men's silk hose in black and gray must not be overlooked when you are choosing his gifts. Silk Kerch'fs 75c These silk handkerchiefs are of white with colored borders in most artistic combinations. Men's Dress Shirts $3.50 Men's dress shirts of madras and with satin stripe effects that are very good and desirable. The value of these shirts is excellent. Bath robes Why not buy him a great, warm, envelop ing bath robe. Getting up in the mornings will prove no hardship to' one who is armed with one of these robes. Store Opens at 9 :45 A. M. Store Closes at 8 P. M. For your convenience we will keep open before Christmas until 8 o'clock. minitniiiniiiiitHtiMiMiiiMiimimmiiiiiiuitiiinnMiiiiiitiiiinMiiiiiiinniuiiHiiiiHiiimitiiiiiiiiiiiiiiHtiiiiH 7?0&MSVGWffS75. tttiiiiiiiiiiiiiriiiitlftiiltiiuTtitrtMiitiiiriiiifiiiriftiiiiiiitiiiiiMiiiifitfmittfitiiiiiftrrf(riiititiiiiiiiiiiMiitftiiin Store Opens at 9:45 A. M. Store Closes at 8 P. M. For your convenience we will keep open before Christmas until 8 o'clock. HENRY J. DITTER, Mgr.