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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (April 8, 1911)
f;' mi OAILT CAPITAl JOURNAL, 8ALEM. OREGON, SATURDAY, APRIL 8, 1911. ri ri ti ii ri 11 ti 11 11 M n 11 El n li II El 13 II II 11 11 II El li U E3 ri ti II 11 tl El n 11 f.i ti El El El El El 3 El II El II 11 El El El M II a ti K M P N li n 11 11 1 PRODUCTS OF GOLDEN WEST SHOWN Fine Display of Fruits, Grains and Vegetables Make Great Northern Exhibit Effec tive Advertisement The possibilities of Oregon both as an agricultural and fruit state are be ing played up strongly by the fireat Northern ltnilway at their Exhibit in Columbus, Ohio, and the following ex tract of article taken from the Columbus Journal gives some idea of the beauty of and interest created by this Exhibit. ; -r. i , s J w J rr i.r-H.; 'nH t Oreut Northern Agricultural Exhibit at Night, "Co west, young man, and grow up with the country," said (Ireeley. The seer gave good advice, but he stopped there. "Go west, young man, woman, boys and girls, and grow up with the great new west," said L. V. Hill. Then Mr. Hill, who is President of the fireat North ern Railway, and son of James J. Hill, backed lip his advice by making it poa Biblo for everybody to go west. That the people of Columbus and vicin ity may become better acquainted with the wonderful western country, a free exhibition of the grains and fruits of Montana, Oregon and Washington has been opened at 47 North High street by the fireat Northern Railway. The exhibition is well worth the visit. Great sheaves of golden wheat, oats and other grains adorn the walls in artistic array. Ilig crystal jars display the fruits of the far west. Literature de scriptive of the wonderful opportunities waiting the homcsceker are distributed, CONCERNS THE SALE OF LANDS. 'Continued trom page 1.) to have more money for this," and wffen Stewart remonstrated with him on behalf of the plaintiff; the defen dant said: "I don't know if this deal la ,off yet. Let It hang fire a little while yet." The Jury might well have taken the two statements to gether to mean that the defendant was haggling for a better price but leaving the negotiations open so far Port and all inquiries made by viators are cheerfully answered by those in charge. "The fireat Northern Railway has not a foot of land to sell," said I. 0. Stout, who is in charge of the display. "Presi dent flill wants the men ami women of your city to realize the great possibilities of the big, new west." f J l ,r 1 47 North High Street, Columbus, Ohio. Mr. Stout has many large photographs of orchard scenes along the railroad and in the adjacent territory which tell in forceful language the Btory of the fertile west. As a proof that the apple industry is a great source of revenue in the western country, the fruit growers liavo sent gor geous glowing fruits to the exhibition. Piles and crates of apples, such as one seldom sees, grace the tables and coun ters at the exhibition. Vegetables, too, of great size, are dis played. Beautiful (lowers from Oregon, cun ningly preserved, add to the beauty of the display. If you "have thought of the west as a possible home, go and see this exposi tion. If you have not given it a thought, then go and see the wonderful things which the trees and vines yield the toil ers who tempt fate and win fortunes in a virgin country. Journal, Columbus, 0. as the plaintiff was concerned. The remaining error of which the defendant complains is founded on the refusal of the court to grant a non suit at the close of plaintiff's case, and at the end of all the testi mony to direct a verdict for defen dant. It Is sufficient to test this ques tion by the complaint Itself. It; Is the rule In this state that a real es tate broker is not entitled to a com mission until he produces a pur chaser ready, able and willing to buy the land on the terms offered. In 1 TED H TJI if mm S223332as22saansa2szazszjzaacaa22aaaaaza2saz2asaaas!z:ass: others words, the broker must pro duce a purchaser who is not only able to buy but does accept the offer of the land owner in the terms pre scribed. To bind the defendant here the acceptance of his offer must coin cide exactly with the terms of that offer to sell. Until this situation Is developed, the overtures of the pros pective purchaser constitute at best only a counter offer which the defen dant is not obligated to accept. Ac cording to the complaint the defen dant, through the plaintiff as his broker, had published an offer like this: "I offer my land for sale at $18,noo and warrant that the mer chantable timber thereon will scale at least 40 million feet" Before he can be bound, either to the purchaser or to the broker, the latter must pro duce a buyer who in effect says: "I accept your offer and warranty and will pay you flS.000 for your land." The complaint does not disclose this situation. On the contrary, in sub stance, it puts Into the mouth of the alleged purchaser furnished by plaintiff a statement like this: "I have the money to pay and I would like to buy your land If it has on It that amount of timber, but I am un willing to close with your offer until I see for myself about the timber. I do not rely on your warranty and so I retain this avenue by which I may, if I choose, retire from further ne gotiations." This Is not an accept ance of the defendant's offer. A prospective buyer occupying that at titude is not one ready to purchase so as to charge defendant for plain tiff's commission. The cause of the plaintiff is not aided by the averment of the complaint already quoted to the effect that the purchaser should have the privilege of examining and scaling the timber. That of itself operates to keep the negotiations open and allow the . purchaser to withdraw at his option before Incur ring liability. If there had been a pre-existing executory contract for the sale of land on which the timber should be of a certain kind and quan tity, the purchaser would be entitled to a reasonable time in which to In spect the property to see for himself If It complied with the contract. In this case, however, there is no pre existing contract and to insist on such an Inspection before accepting the offer to. sell does not amount to, but prevents a perfect acceptance of the offer. Hence the purchaser insist ing upon such a condition is not one ready, able and willing to buy so as to entitle the plaintiff, who produced him, to his commission. 'The opinion of this court in the case In the case of Hardy v. Sheedy, , Fac. , is instructive on all branches of this case. There was error of the court in re EY"" T Pay your electric light and gas bills on or be fore the 10th and re ceive the 5 TTfo fusing a nonsuit The Judgment is reversed and the cause remanded for further proceedings. JACOB RMS TO SPEAK HERE NEXT TUESDAY Next Tuesday evening, April 11th, Jacob A. Rils lectures at the Grand Opera house on "The Making of an American." Mr, Rlis is conceded to be one of the half dozen really big men in the United States and has done more than any other one man towards alleviating the distress ,and loathsomeness of "the tenement dis tricts of our large cities. He has been Instrumental in bringing about all of New York's recent "clean-up" legislation, and his books, which are In two-thirds of the American homes, have been wonderful agents in arous ing the American people to a realiza tion of the existing conditions. For tunately, Mr. Rils not only knows and has studied young American life better, perhaps, than any other man, j but he Is a pleasing speaker and can portray so earnestly and vividly what he sees and thinks that his hearers entirely forget the speaker and see and think and feel as one with him. For many years Roosevelt and Rils worked side by side and an idea of what Mr. Roosevelt thinks of him may be had from . the following words quoted verbatim from the short talk he made at the train while on his way to Portland yesterday noon: "Jake" Rils, my good friend Jacob Riis, is coming here to lecture next Tuesday and I wish I could be here for he is one of the most useful citizens- that the state of New York has ever had. One of the best citizens in America. Best because he displays Just that kind of citizenship I would like to preach to all of you the citi zenship of service, sane service. And by the way, its the kind of citizen ship that begins by supporting him self. It isn't like the man who, out of his abundant leisure can sit around on the tobacco box at the corner gro cery and tells us Just how everything ought to be run while his wife Is at home taking in washing. We can't be a good citizen until after we have begun to be good citizens in the in timate relations of life. A man must be a good citizen in his home and in his family relations before he can be a good citizen of the state. There is another reason why I want you to hear him. He is a man who Is a genuine philanthropist and yet Is not a fool." Such words as these from men who ' O F Mf IRIF I O IilC(D)lll 0 H n HfTTf ?W 11mA Jig MIL know him best are tributes to his worth that cannot be overlooked. The Endeavor society of the First Presbyterian church Is putting on Mr. Rils and they have placed the price of seats at 75c, 50c and 25c in order that he can be heard by every man, woman and child In Salem. ' Tickets which are being sold In ad vance may be reserved on Monday, April 10th and may be secured at Th Commercial Book store, Y. M. C. A. or at the university office, or if you will phone Virgil Lloyd at Main 273 he will see that tickets are de livered to you. Fifty cent tickets may be secured at the box office on Tuesday, tiso day of the lecture and k. "J V 111. 11LIWIO, rt IJII.U Cllllllll. IU II1U gallery, will be on sale Tuesday evening. Notice of IiiN-ntion to Improve Asylum Avenue. Notice is hereby given that the common council of the city of Salem, Oregon, deem it expedient and pro prise to Improve Asylum avenue in the city of Salem, Oregon, with con crete pavement from the ctnter line of 24th street to the. city limits, at the expense of the adjacent and abut ting property within said limits, and according to the plans and specifica tions adopted for said improvement and on file at the office of the city recorder, which said plans and speci fications are hereby referred to for a more specific and detailed description of said improvement and are heretty made a part of this notice. This notice is published for ten (10) days pursuant to the order of the common council, and the date of the first publication thereof Is tho 4th day of April, lfll. Remonstrances may be filed against said Improvement within ten (10) days from the last publication of this notice, and in the manner provided by the city charter. CHAS. F. ELGIN, 4-4-llt City Recorder. Your tongue is coated. Your breath is foul. Headaches come and go. These symptoms show that your stomach is the trouble. To remove the cause Is the first thing, and Chamberlain's Stomach and Liver, Tablets will do that. Easy to take and most effective. Sold by all deal ers. Get it at Dr. Stone's Drug Store, j The man who doesn't pay running expenses is generally the man who creates the most. Prompt relief In all cases of throat and lung trouble if you use Chamber Iain's Cough Remedy. Pleasant to take, soothing and healing in efflect. Sold by all dealers. CD Notice of Intention to Improve North CotUge Street. Notice is hereby given that the common council of the City of Salem, Oregon, deem It expedient aad pro. proses to Improve North Cottage street, In the City of Salem, Ore gon, with bltullthlc pavement, from the North line of Court street u North Mill creek, at the expense of the adjacent and abattlng property within said limits, and according to the plans and specifications adopted for said Improvement and on file at the office of the city recorder, which snid plans and specifications art hereby referred to for a more spe cific and detailed description of said improvement, and are hereby made a part of this notice. This notice is published for ten (10) days pursuant to the order of the common oouneil, and the date of the first publication thereof is the 2Sth day of March, 1911. Remonstrances may be filed against said improvement within ten (10) days from the last publication nf this notice and !n the manner pro vided by the- city charter. CHAS. F. ELGIN, 3-28-llt City Recorder Averts Awful Tragedy. Timely advice given Mrs. C. Wll loughby, of Marengo, Wis., (R. No. 1) prevented a dreadful tragedy and saved two lives. Doctors had said her frightful cough was a "consump tion" cough and could do little to help her. After many remedies failed, her aunt urged her to take Dr., King's New Discovery. "I have been using it for some time," she wrote, "and the awful cough" has almost gone. It also saved my little boy when taken with a severe bronchial trouble." This matchless medicine has no equal for throat and lung troubles. Price B0 cents and $1.00. Trial botle free. Guaranteed by J. C. Perry. If your prospective father-in-law Is enthusiastic over gold mines drm't try to convince him that orange groves are a better investment. One Conductor Helped Back to Work Mr. Wilford Adams is his name, and he writes: "I was confined to my bed with chronic rheumatism and used two bottles of Foley's Kidney Remedy with good effect. The third bottle put me on my feet and I re sumed work as conductor on the Lex ington, Ky., street railway. It will do all you claim in cases of rheuma tism." Foley's Kidney Remedy al lays rheumatism by eliminating the uric acid from the blood. Specially recommended for elderly people. Red Cross Pharmacy, H. Jerman, wer n ,, . ' v."" Ala w Strtktr. uver. Kidney ,i v seem to go on a strike anH work right Then you pleasant little strlke-brea King's New Life Puisto " natural aid and gently comp 1' er action. Excellent heal. ... Prop- lows. Try them, 2oc at J p p Druggist - C PerrU Srtme men nrefer .. because they don't like anInT"' ateurls-h. ulaS am. Foley Kidney Pins 00IUam centrated form ingredients of eZ" lished therapeutic value for prompt alleviation of all kidney Z bladder ailments. Foley Wdneypml are antiseptic, tonic and restorative Do not allow your kidney trouble to progress beyond the reach of medl cine, but start taking Foley Kidney Pills at once. Refuse substitute Rea Cross Pharmacy. H. Jernian. Children Cry TOR FLETCHER'S C ASTO R I a livt it at Dr. Stone's Drug store Salem Fence Works Headquarters for Woven Wire Fencing. Hon Wire p.i. Wire, Poultry Netting, Shin gles, Malthold Roofing, P. ft, B. and Ready Roofing. Screen Doors and Adjustable Window bcreens. All at the lowest prices. CHAS. D. MULLIGAN 4. 250 Court street. Phone 124 GRAND OPERA HOUSE John F. Cordray Mgr. ONE NIGHT SATURDAY, APBH 8 Trices: $1.00, $1.50, $2.00. Scats Ready Friday. World's Grentest Musical Comedy Success MADAME SHERRY .The wonderful Production com plete, with its perfect cast, special orchestra, Irresistible comedy and all those entrancing melodies, including "ETcry Little Movement Has a Mean ing All Its Own." H B 0 El n H 0 B B B B B B ra n B B B B B B B B B B B B B B B B B B El Ei El El El tl I H tt El II El a El fl El 0 0 tt tt tt tt tt tt tt M El El Si a