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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (April 6, 1911)
DAILY CAFITAI JOURNAL, SALEM, OREGON. THCRSDAT, APRIL 6, 1911. SIIERRY SATURDAY ONE OF THOSE RARELY PER FEOT COMBIXATIOXS OF IIAR. MONY COLOR, MIRTH, MELODY, BEAUTY AXI) MORE THAN ALL ABSOLUTELY CLEAN. On Friday morning at the box of fice ot the Grand Opera House seats will be placed on sale for the en gagement of "Madame Sherry, which comes to that playhouse on Saturday, April 8, and judging from the advance Indications, there will be a long line waiting to secure ad mission. No production of recent years, whether musical or dramatic has attracted 8 much attention from the playgoers as has "Madame Sherry," or scored such an emphatic success wherever U uas appeared, It seems to be one of those rarely perfect musical comedies which oc cur once In a decade or longer, and the Joyous combination of mirth, molody, unique Ideas and original production has resulted In a per. formance that simply captivates the auditor from the rise of the curtain to the final strain. In New York "Madame Sherry" registered an un equalled triumph; In Chicago, it ran all summer to record-breaking at tendance, it played to a succession of the largest am'.' most brilliant audiences across the continent, and It has Just closed a three weeks en gagement at the Columbia Theatre, San Francisco, wh'ch will be long and pleasantly remembered by the playgoers of the Golden Gate City. The very same big production, com plete in every detail, is coming here. And above all it is absolutely free from all the objections so often ham pering French creations. yet the only difference between the tobacco bax and a Pullman platform Is one of degree. The Democrats of Oyster Bay slip ped one over on Teddy while he la out putting salt on the tall of the presidential nomination, and took bis home town Into the Democratic camp. That was good advice the colonel gave the U. of O. students yester day. He instructed them not to per. mit the referendum on the appropri ation for that institution, but he Jar got to tell them how to stop it. With Harrison elected mayor of Chicago for the fifth time, and his father serving five terms before him, It syks as though the Tippecanoe habit in Chicago was chronic. Joe Smon advocates a municipal paving plant for Portland, which, reading between the lines means that oily "Little Joe" Is out for the mayorality again. A 8Hn of Beauty Is a Joy Forever. 3? 9 A SUIT OVER A FIRE THAI GOT AWAY , T. Fllx Oouraud's Oriental Crm or Mgiol Butmr. lUtnovct T&a, PtmplM, FrecklM, Moth V.tchM, aI bkta DU-wt, ua trery oiemo do betutf. tad de ft detection. It hM flood tb Wtt of 64 Tn, and to to btrmleM wt UtelttobiurtU ) properly mad. Acctpt do counter feit of aloitlar Dame. Dr. L. A. Savr aid to Udjr of tbe baut ton ( ptl?Bt: M A you ladlet vlll om tbvm, I recommend Coai-nad' Otam' u tn ttut harmful of all ih akla preparations." Fjt aalt by all dnutfUU and Fancy Goods tiralera to tba UftUcd 8taua, Cauda and Europe FERO.T.H0PUKS, rrops 37 Bred Jonn Stmt, lewTotV 3? KgL tf MARION AXD POLK COUNTY MAIL CARRIERS VDVYO AMn QIUIII CQ Colonel Roosevelt, In his speech here yesterday, took a fling at "the man who sat on a iodbcoo dox at the corner grocery and tolls us hrw everything ought to be run." And The mail carries of Polk and Ma rion counties will ssemble in the city Sunday and hold a convention. There will also be in attendance at the convention . mall carriers f nam adjoining counties. The forenoon will be devoted to the entertainment of these visiting members and they will be shown all places of interest in the city. In the afternoon the convention will be called to order and matters pertain ing to the welfare of the members of the convention discussed and acted upon. 0 Wants Bids for oRnds. OWXEB OF CITT PROPERTY. (Continued trom page three. Charging that a fire started by P. C. Larden on his farm, and which, because of his na- tgence la caring for It, spread to adjoining property, A. O. Kufner Is today in the circuit court before Judge Kelly endeavor ing to Becure a judgment against Larden for the sum of $4700 for damages in the destruction of build. Ings and also a portion of his crop and timber. The fire occurred last summer. Larden, it seems, was burning some brush, and, as everything was dry, and a high wind blowing, the fire soon spread and got beyond his con trol. Fanned by the strong wind, it 1 spread to adjoining property and j threatened for awhile to sweep over the whole neighborhood. Gets Large Judgment. The iurv this mornlne returned a verdict for the sum of $2208.67 in EN'S 03111 Balll! N. W. 932. As to the other defend ants the decree of the circuit was correct It appeared from the testi mony that the plaintiff was the abut ting owner on both sides of the streets where this improvement was being made, and it Is settled past controversy In this state that the abutting owner is also the owner ot the soil of the street la front ot his lot to the center of the street, sub ject to the right of the city to im prove the same for the purpose of travel: Parker v. Taylor, 7 Or. 435, 447; ' Lankin v. TerwIHiger, 22 Or. 97; Huddleston v. - Eugene, 34 Or. 343. Being the owner of the soil plaintiff did not become divested of his ownership by the mere act of the defendants in excavating It In order to Improve the street: Elliott, R. & S. (2 ed.) Sec. 692; Smith v. City Council of Rome, 19 Ga. 89; City of Aurora v. Fox, 78 Ind. 1; Makepeace v. Worden, 1 N. H. 16; Fisher v. City ot Rochester, 6 Lansing 225. The weight of authority seems to be that the city is entitled to use j me eann excavuieu uum one por tion of a street to make fills required upon the same street or upon other streets embraced in the same general plan of Improvement. . But in the case at bar the soil excavated was not so used, and under the charter of the City of Portland there cannot be This ad. gets a whip. ThI Ks a A whip free, get oue. A whP 'w. get oae. Own a good whip. Wwn ?00"1 whip. A horse whip free. A ,,orse W"'P free. MR. FARMER Here is something for you 200 Whips I Given away free. Cut out this add and present it at our ff rntn T ! n . 1 -1 1. J ! iL 1 1 t l city omce at liv norm commercial street uunug me two aays ot .1 11 n 1 . 1 f TL 1-. l! !ij tne norse onow ana get a wmp iree. me suppiy is umuea. Falls City Lumber Co. SALEM'S LEADING LUMAER FIRM 2 Yards; 2 Million feet Lumber that goes to build everything. House from the first gravel used for the foundation to the last shingle on the roof Give us a trial. Estimates Cheerfully Given. The city of Wilsmina is calling for a general p,an of lmprovement em DldS on lo,uu iu ana 4ii-ru- bradng geyeral Btreetg Each ,m. tional 6 per cent bonds, bearing dates provement mugt gtand alone be of March 1. 1910, interest payable tRioned for ately and be lm. semi-annually. Bid- to be opened April 10, 1011. For further infor mation write F. E. Sherwln, city re- Lawg corder. r . is. shjskwin, Recorder for City Wlllamlna. 3-7-lmo proved under a separate ordinance: City Charter of Portland Sec. 375 (Sp. 1903, 150); Oregon Transfer Company v. Portland, 47 Or. 1. The evidence shows that 10,000 cu bic yards of earth excavated from This ad. gets a whip. This ad. gets a whip. A whip free, get one. A whip free, get one. Own a good whip. Own a good whip. A horse whip free. A horse whip free. ft t MHMH- Chamberlain's Stomach and Liver other gtreet8 and for the contractor8. Tablets assist nature in driving all j,, his claim thereto, unless seasonably made as indicated above; (6) that the owner cannot require the con tractor at the letter's own expense to nlApp th rtlrt nt a Hlfltant. nr incon- the street was disposed of for use on whlch eyen he mugt valueless to the abutting owner, he , this controversy and assist the other should be deemed to have abandoned I defendants when it should have stood neutral between the parties, It will not be allowed to recover costs In this court or the court below. Impurities out of the system, Insur ing a free and regular condition and restoring the organs of the body to health and strength. Sold by all dealers. favor ot the plaintiff In the case of Wolf & Son against Houghton & Keber. This stilt was brought to recover damages for the violation of a hop contract. AD"e"aHbJe CATARRH Children Cry FOR FLETCHER'S CASTOR I A Get It at Dr. Stone's Drue Store li quickly absorbed. Gives Relief at Ones. Itcleunses, soothps, heala auil protects the (lisivisi'il r.;i::?i. brano resulting ' -o:n Catarrh n'i'l ("ii'lvr away a Col.l in thu II'Mcl quL-hly. lig atures tljo r'cuM'.'s of Taste n:id S -v !!. FnU!7.',50 cts., ntDruh' gists or !v .l i lic jiii I for:a, 75 rrnts. lily I'-rotln-r i. .'.,1 V . Stri't. Kew York Fnn rot run rrir ,:yi 17 FEVER -Without discussing the somewhat conflicting authorities, we hold the law to be this: (1) That the abutting owner on a street in Portland owns the soil to the center of the street; (2) that he still owns it when it is excavated, unless needed for the im provement of the same street; (S) that he has a right to take it away provided he does so promptly and without delaying work on the Im provement; (4) that if there is a place where it is as convenient for the contractor to dump the surplus dirt as to place It elsewhere, it Is the right of the owner to have It dumped remove the dirt promptly himself. In the case at bar the evidence shows that the plaintifT needed the dirt adjoining the very place where it was excavated and that he so noti fied the defendants. It further shows that the place indicated by plaintiff was the easiest and most ac cessible place upon which the sur plus dirt could be dumped. The evi dence also shows that It will cost plaintiff $2500 to procure other dirt to replace that wrongfully taken by defendants and that such dirt could not then or since be obtained for less. Under the circumstances the de cree of the circuit court will be af- To Cure a Cold In One Day. Take Laxative Brojtio Quinine Tab lets. Druggists refund moaey if It falls to cure. E. W. Grove's signa ture Is on each box. 25c. at such place If he so indicates at ( firmed as to defendants Connelly and the commencement of the work; (5) Scott & McDougal, and reversed as that In view of fact that dirt taken 'to the City of Portland, but as the from such excavations is usually city has seen fit to thrust itself into Salem Fence Works Headquarters for Woven Wire Fencing, Hop Wire, Barb Wire, Poultry Netting, Shin- I gles, Malthold Roofing, P. ft. B. and Ready Roofing. Screen Doors and Adjustable Window Screens. All at the lowest prices. I CHAS. D. MULLIGAN i 250 Court street. Phone 124 Prompt relief In all cases of throat and lung trouble If you use Chamber lain's Cough Remedy. Pleasant to take, soothing and healing in effiect Sold by all dealers. GRAND OPERA HOUSE John F. Cordray Mgr. OJiE NIGHT SATCBDAI, APRIL 8 Prices: $1.00, $1.50, $2.00. Seats Ready Friday. World's Greatest Musical Comedy Success MADAME SHERRY The wonderful Production com- T plete, with Its perfect cast, special orchestra, Irresistible comedy and all X those entrancing melodies, Including X "Every Little Movement Has a Mean ing All Its Own." 14 ti 13 I! n ii u u n n u H U U n H H O li H H II 11 U ss n n u ti ii 1 ii n ii ii H ii ii u a H ii ii ti ii 2 M M ii it n ii El 11 II 11 II II II Si ii II II ii II IS t II I t t I t t I I ii N M It li II M M 11 11 II U M M tl 11 n ii ii L Pay your electric light and as bill fore the 1 s on or oe- 0th and re- 5 ceive the o Discoiil Fortiamd Mailway, .n TO TV TlfTIf k Power Coo n3 ) t, 1MM ami umiaiiini mm ZZH mm mi mm mm m i ll "