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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 16, 1916)
r BIG EVENTS IN MANY CLIMES ARE GROUPED IN PICTURES Cornelius V5ncfe?-Zr2Z, Wy7Ti'i V'cn -? stow WUi Tf.y 1 asstt r Ji NKW YORK, July 15. (Special.) The police of New York held their anual tournament at Jgheepshead Bay recently and made a display of their prowess in police work and ath letics. There are some champion ath letes on the New York police force. A feature was the "chariot race." There were also motorcycle races, wrestling hmits, a sham battle and. various exhi bitions of police work. The commencement exercises at "West Point were held recently, with a review py the superintendent, followed by a reception and parade. The exercises I continued one week. Mrs. Y. K. Vanderbllt was quoted re cently as saying: that there was no patriotism in the United States. Mrs. Yanderbilt spends most of her time in Taris. where she now is. If she had been in New York she would have had plenty of opportunity of seeing1 a splen did display of patriotism, extending from the clerk to the millionaire. She won id have seen younjc Vincent Astor In the uniform of the New York Naval Militia, Cornelius Vanderbllt as Colonel and Inspector of the New York Na tional Guard, starting for the red-hot "border of Texas to do his duty by his country, and H. H. Rogers, millionaire son of the late H. H. Kogers, of Stand ard Oil fame, doin the work of assist ant quartermaster at Camp Whitman. Improvised wells have been dug near field heudqtiarters at the American base camp in "Mexico to furnish troops with water. The United States soldier is versatile. There is no obstacle too big for him to overcome. He can get him self out of almost any predicament with only the natural resources of the country at his command. The water 'secured from the wells is of superior quality to the water found in the water holes and rivers. Troopers of the Tenth Cavalry, re leased by Mexicans after capture at Oarrlzal and detention in prison, were smiling and happv on reaching the United States end of the international bridge, which connects El Paso. Tex with Juarez, Mexico. Jem Spillsbury, United States scout ftnd interpreter, attached to the Tenth Cavalry, was also held captive with troopers by Carranza forces. On their arrival on American soil each, cavalryman . was . presented with New bouquet and tTien received a kero- i sene bath and a pair of blue overalls and a jacket to match. Workers for the Red Cross in New Tork have been unusually busy since the trouble with Me.xico took a serious turn. A window tn Upper Broadway decorated with hospital figures and ap peals for assistance was part of a vig orous campaign for. financial aid. Society summering at Newport turned out en masse either to partici pate in or to view the Independence day parade July 4. Society leaders. . matrons and de butantes walked shoulder to shoulder, dressed in white. The society wom en's division formed one of the largest bodies walking- in the parade and were led by Mrs. K. Livingston Beekmin, wife of Governor Beekman. of Rhode Island. The women received a great ovation from multitudes who lined the sidewalks and places ' of vantage. Anions those who marched in the so ciety division were Mrs. Craigr Biddle. Mrs. Arthur Iselln. Mrs. French Van derbilt. Mrs. Charles S. Whitman, wife of the .Governor of New -York; Mrs. THE SUM)AT OREGOmX. PORTLAND. JTJjLY 1G, 1916. York Police Hold Memorable 02 Ate I n John Nicholas Brown and Mrs. Henry Pierpont Perry. . Prince Albert, second son of King George of England, poured tea for the wounded soldiers who were entertained recently by the King and Queen at Buckingham Palace. One thousand wounded soldiers were the guests of the Kine and Oueen on this occasion. The wounded men were brought from hospitals and convales cing homes to the palace ' in motor cycle side cars, autos and busses. King George and Queen Mary acted as host and hostess and were assisted by Prin cess Mary and the .Royal Princes. Shortly before leaving the palace the men joined voices and raised a mighty cheer for their King and Queen. Young Prince Albert was not deterred by any of the accepted precedents, but stepped forward, took a teapot and served the guests being entertained by his royal father and mother. Roy Chapman Andrews. of New York, and his wife are in China on an exploring expedition for the American Museum of Natural History. Edmund Heller, well-known as . ' 'IT.. . Tournament Mexican Crisis Brings Out Rich Patriots. i ' Li - . Troopers ofSO Hi C?avs?ry sr.; -si hunter of big: same, is groins to join Mr. and Mrs. Roy C. Andrews in their expedition. . Mr. and Mrs. Andrews sailed from San Francisco March 28 and Mr. Heller expected to Join them in China about July .l. The object of the expedition is to study Asiatic zoology. . Elephant Butte dam. built by the Reclamation Service of the Interior De partment at & cost of $5,000,000 ana completed May 13. Is the most wonder ful dam in America. It creates the largest storage reservoir in the world. inp LEGAL) SIDELIGHTS FOR LAWYERS AND LAYMEN BY RETXELLE 3. K. COR3TI3H. or PORTLAND BAR. BY KETNELLE G. E. CORNISH, of the Portland Bar. N' OT A CAPITALIST. "A contract Is a contract," says the average layman, and lets it go at that. But when for any reason & breach of contract occurs, the- particular terms of contract assume an importance, and whether a contract is entire, or sev erable may make a difference to the contracting parties, as the contestants in Oliver v. McArthur. 143 N. Y. S. 126. soon discovered. In this case the plaintiff was & fan hand who had entered into a contract to 'work for eight months at 125 per month, but with no agreement as to when the wages should be paid. He worked for only a part of the time, and then, for some reason, stopped work. When he attempted to collect his wages for the time he had worked, his em ployer contended that the contract was an entire one and that the wages were not due until the completion of the entire contract. The court, however, held that the contract, since it was indefinite as to its terms, must be construed in the light of the surrounding circumstances, and -that in the case of a farm hand there would be a tendency to hold a contract of the kind severable, so that wages could be collected as earned. "A farm hand." said the court. "Is not After rAffr7vf7 iCZJo if?r?ff9jfyc'cws-, ow.,.... 1 The reservoir is 45 miles long, with 217 miles of shore line and has an average depth of 65 feet. The dam is 318 feet high. 1674 feet long on top and 235 feet thick at the base. It con tains 610.000 cubic yards of concrete, rubble, etc.. and weighs 1.000.000 ton a The water stored will irrigate 180.000 acres of land in New Mexico, Texas and Old Mexico. ... The "flaming hand" Is an unaccount able bit of meteor which today is baf flling scientists. This remarkable and groesome object fell on the farm of Henry Prantl, of Bakersville, exactly a capitalist, and usually requires money from time to time, and is fortunate if his wages have not been drawn and expended at the expiration of his term The conduct of the parties Is a very material circumstance to determine what the contract was. In fact, the contract is made up of the intention of the - parties as expressed by the language used and the circumstances under which employment was made and the services rendered. Clearly, the laborer must be clothed and must have some spending money during the term. "In this case the contract 'was sev erable, and it did not require the per formance of the entire eight months of service before payments were due, but if the plaintiff had quit before the services were fully rendered, the de fendant was entitled to counterclaim any damages he had sustained. "A contract with a. domestic servant to work for a year at $4 a week does not mean and cannot be understood to mean that the servant is to receive nothing until the year is up. The servant is working because she wants the money to use. Payments from time to time must be fairly within the con templation of the parties making a contract for farm labor." What Is mm Incurable Disease f The state of Oklahoma, has a statute which, -ft"' ' 1 : JZTejai Strife csm Scarry-? 57 Wocfr Zarr&j-Z Sor39 Perer-voss au. at. -1 - CI- one month after the death of his son. Rudolph. It was construed by the su perstitious ones as an omen and created no little sensation. It resem bles a human hand burnt oft at the wrist. The "hand" shot from the sky with a great white light. It fell, by strange coincidence, within the very ra dius in which the youth worked, caus ing weird conjectures of a most ab surd character. The object was siz zling hot and did not cool for hours. Hundreds of visitors, including scien tists, have looked the "mystery" over in the Prantl home. Several of the scientist ventured that provides that "the obtaining of any fee on the assurance that an incurable disease can be permanently cured" shall be ground for revoking the license of a practicing. physician. A similar statute in Colorado had re- I cently been held unconstitutional on j the ground that the term "Incurable" was too Indefinite and uncertain to be valid: but the Oklahoma court upheld the law. saying: 'As we regard this section of our statute, it is not aimed at any un ethical practices of physicians as in terpreted by the medical fraternity, but was aimed to prevent acts on the part of physicians which are unlversally regarded t. Immoral and against good conscience, not only by the medical profession, but by laymen as well, and for which under the style of obtaining money under false pretenses our crim inal code has provided the penalties of the law. "The gist of the offense of which, it is claimed, the defendant was guilty. Is duping the credulous and taking money from them with an assurance that they can be permanently cured, when. In fact, their condition Is incur able according to the general state of knowledge of the medical profession at that time." A Good Name, A bad name may hang a dog "and a good name save a man." says the case of People v. Buccofurrl. 143 N. Y. fi. 2. In this case the defendant had killed a man in a quarrel, and his conviction hinged upon the question whether the homi cide had been Justified as being in self defense. The defendant produced evidence as to his previous reputation for peace fulness and quietness, and the court 3 : ' FT V:- V I it was a bit of a shooting star. Tho material of which it is composed in unlike other meteoric compositions seen In this part of the world. It is light in weight and has no smell and resembles the hand of a human bein grasping something in anguish. Tho thumb and little fingers are exception ally long and there are nails on some, of the fingers. The first, middle and ring fingers are drawn closely to gether. as though In pain. They curva slightly inward and the wrist is- ab normally smaLl. It is burnt off and shows black jrharred edges. which might be called charred bones with an exaggerated imagination. ruled that the "evidence of good repu tation may in itself create a reason able doubt where none would other wise exist, and it Is the duty of a tria court to so instruct a Jury, when re quested. It is not enough for tho court to instruct the jury that they m take such evidence into consideration when passing upon the facts, but they must be Instructed as to the effect which they may give to sucn evidence. if they believe it." Two tn Oae. A husband and wife deposited 13000 In a savings bank in. an account ti".at read "Payable to Mary Guilfoyle or Joseph Gullfoyle. Pay to either or tho survivor of either." Four days before her death, the wife, in the absence of her husband, went to the bank, drew the money, deposited It to an account in her own name and made a will disposing of It. On her death the husband sued the bank to recover the 9?j0U which was then in that institution under his wife's name. The court held that the form of the original deposit Indicated an in tent to create a loint ownership with final ownership In the survivor. "As between the burk and Mary Gullfoyle. she had the riKht with the possession of the book to withdraw tho rr.oneys from the account. .er change of the moneys, however, from this ac count to another in her individual name, without the consent of her hus band, could not divest her husband of his joint ownership of the property." Since the husband was the survivor, he was held entitled to the possession of the property. In spite of its transfer to the name of his wife, and the wife's attempted disposition of it. by will, was void. 4