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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (April 12, 1911)
DAILY CAPITAL JOURNAL. SALEM. OREGON, WEDNESDAY, APRIL 12. 1911. 45 w STYLISH AND DISTINCTIVE TAILORED SUITS fOR WOMEN tFor an EASTER SALE we will offer $35 $29 $30 $25 00 SHE EXISTED THREE WEEKS ON FORTY CENTS UNITED I'BRSS LEASED WIRE. l.odi, Cal., April 12. Who said 'high cost of living?" This town, has a woman in It who has lived on 40 cents for three weeks andi spent $3 for clothing in two years. She Is Miss Lulu M. Murphy, graduate of a Des Moines university, artists, lltera teur and trust buster. She Is suing her father, a clergy man, for maintenance, and the facts of her remarkable economy were brought out in court. She claims to be a victim of nervous disorders and unable to support herself. WOULD ADMIT NECESSITIES OF LIFE FREE (TNITBD PRESS LEASED WIRE.l Washington, April 12. Represen taotive Underwood (Democrat Ala.,) chairman of the ways and means commlttte, today introduced in the house bll's embodying the Canadian reciprocity arrangements, and the free-listing of the necessities of life. The bills were Immediately referred to the ways and means committee and prbably will be reported out in time for consideration Monday. Every family and especially those who reside In the country should be Provided at all times with a bottle of Chamberlain's Liniment There Is no telling when It may be wanted In case of an accident or emergency. It Is Host excellent In all cases of rheu matism, sprains and bruises. Sold ty all dealers. Get it at Dr. Stone's Drug Store. Huie Wing Sang Co. Big Stock of All Kinds of Goods We have made up a big line of Wrappers and Kimonas, Waists, White Underwear. All kinds of Silks and Dress Goods, Ladies' and Men's Furnishing Goods, Suits, Pants $1.50 Silk Scarfs $1.00 75c fancy Neckwear 50c 65c Gloves 40c Ladies' and children's Hose 10c and up 46c yard Lace, sale 20c 15 silk Waists Suit.... $10.00 White Waists, big line, ..$1.00 up to $3.00 85c Corset, sale.'. 50c Silk, all kinds, 25c yd. to. $1.25 Dress Goods, big line, 7c to $1 All Goods at IBig Sale This Week. Huie Wing Sang Company 325 N. Commercial Street. Salem, Oregon I f We are showing the most smartly tailored suits, that give that extremely nobby appear ance, so much desired at pres ent by women, The lines of our suits at once appeal to the critical as they look as if they had been especially tailored for the individual, Our suits are all made by the best of men tailors in the clean -est manufacturing establishments RAILROADS DO AWAY WITH PETTY GRAFT The Oregon Railroad commission today received a communication from Attorney Cotton of Portland, general counsel for the Southern Pa cific and Oregon-Washington & Nav igation company, advising It that both campanles had adopted a tar iff by which when a certain sized car is ordered by shippers and the company provides a larger car, that only the minimum charge for the car ordered will be made. The commission took the subject up with the company some time ago. Complaints had been received from shippers that where 28 foot cars were ordered the company would send 34 and charge the shipper the minimum rate on the latter, and there was nothing in its tariff cov ering this subject so that the ship per might protect himself. The com pany now says that where cars 28 feet in length or over are ordered and the company sees fit to send a car of greater capacity that only the minimum charge for the car ordered will be made. Should the shipper In loading exceed the minimum of the car ordered he will be taxed accord ing to actual measurements. To Cure a Cold In One Pay. Take Laxative Bromo Quinine Tab lets. Druggists refund mosey If ft fallg to cure. E. W. Grove' signa ture Is on each bor 25c. Some pepple work hard for the sole purpose of wearing a martyr's crown. Children Ory FOR FLETCHER'S CAST O R I A Get It at Dr. Stoma's Drug Store Children's Dresses, each, ...,50c, $1.00, $1.50 and$2.00 $3.00 White Underskirt, sale $1.75 Night Gowns, 50c, 90c, $1.50, ...$2.00 and up Kimonas $1.00 $1.25, $2.00, $2.50 and up 40c Corset Cover, sale 25c $6.50 silk Underskirt, sale $4.50 Gents Pants, $1.00, $1.25, $1.75, $2.50 and up $12.50 Suits, sale $8.50 A CHANCE FOR PRESIDENT TO GET BUSY AMERICAN WOMEN AND CHIL DREN STARVING IX MEXICAN PRISON, M'HILE SECRETARY KNOX REELS OFF RED TAPE. UNITED I'BESS LEASED WIRE. San Diego, Cal., April 12. Noth ing has been done toward the relief of the American women and chil dren held by the insurrectos at Alamo since the capture of that town a few weeks ago, except the exchange of a lot of correspondence between the state department and U. S. Consul George Schumacker, of Eusenada. Mexican authorities are not anxious to attack the rebels in the Alamo stronghold, knowing that the Insurg ents can be easily dislodged by star vation, after the lapse of time. The only fault with the "starvation sys tem" is that it starves the American women and children, as well as the rebels, and prolongs the sufferings to which the American citizens are being subjected. Consul Schumack er has wired to Saa Diego that he has taken action, but does not say what he has done. In the "meantime, a band of mountain Indians, with per sonal scores to settle against the rebels, has advanced upon the rebel camp. Whether an Indian victory will be of any principal advantage to the American women and children is doubtful. An entire fleet of United States cruisers and torpedo bats, wtlh a regiment of marines is avail able at San Diego for Immediate duty in. Mexico, In case the American wo men and children are stll lalive af ter all the diplomatic correspondence is settled. 20 Years of Success iiiE n. :j. iiyde co. offers a REMEDY FOR CATAKKH THE MEDICINE COSTS NOTHING IF IT FAILS. When a medicine effects a success ful treatment in a very large major ity of cases, and when we offer that medicine on our own personal guar antee that it will cost the user noth ing if it does not completely relieve catarrh, it Is only reasonable that people should believe us, or at least put our claim to a practical test when we take all the risk. These are facts which we want the people to substantiate. We want them to try Rexall Mucu-Tone, a medicine prepared from a prescription of a physician with whom catarrh was a specialty, and who has a record of 30 years of enviable success to his record. We receive more good reports about Rexall Mucu-Tone than we do of all other catarrh remedies sold in our store, and if more people only knew what a thoroughly dependable remedy Rexall Mucu-Tone is, it would be the only catarrh remedy we would have any demand for. Rexall Mucu-Tone is quickly ab sorbed and by its therapeutic effect tends to disinfect and cleanse the entire mucous membraneous tract, to destroy and remove the parasites which injure the membraneous tis sues, to soothe the irritation and heal the soreness, stop the mucous discharge, build up strong, healthy tissue and relieve the blood and sys tem of diseased matter. Its influ ence is toward stimulating the muco cele, aiding digestion and Improving nutrition until the whole body vi brates with healthy activity. In a comparatively short time It brings about a noticeable gain In weight, strength, good color and feeling of buoyancy. We urge you to try Rexall Mucu Tone, beginning a treatment today. At any time you are not satisfied, simply come and tell us, and we will quickly return your money without question or quibble. We have Rexall Mucu-Tone in two sizes, 50 cents and $1.00. Remember you can obtain Rexall Remedies in Salem only at our store The Rexall Store J. C. Perry's. , . o WELLS FARGO WILL HAVE TO MAKE SHOWING f UNITED IBESB LEAKED WIH. Sacramento, Cal., April 12. Gov ernor Johnson today in a statement regarding the Investigation by the state railroad commission into the Wells Fargo Express compny's rates, said: "On account of Innumerable com plaints against the rates of the Wells Fargo Express company brought to our attention, we have submitted them to the railroad commission. The commission will Judicially Inves tigate the charges and ascertain both sides of the question. They will ren der a determination in accordance with their findings." SALEM BANK ELECTS ITS OFFICERS HAS A HIGHLY SUCCESSFUL 'FIRST YEAR," THOUGH IT WAS ONLY NINE .MONTHS AXD MAKES A SPLEXDID SHOW 1XG. The Salem Bank & Trust Com pany held Its stockholders' annual meeting yesterday and elected officers for the coming year as follows: J. H. Ahls, president; S. S. East, vice president; W. G. East, cashier; Dr. Steeves and H. Roberts, directors. The bank has closed a very success ful year. It has been In business only nine months, and its deposits have Increased every month, until they are now over $70,000. The bank is to be congratulated on, hav. ing Dr. Steeves become a stockhold er and director, as he Is a prominent Salem business man, and stands high In this community. c BLOODHOUNDS CAPTURED THE JURDERER united fbess leased wire. Beaver, Pa., April 12. Charles Hickman, under sentence of death for the murder of his wife, who es caped from the county Jail last night, was recaptured at 2 o'clock this af ternoon a few miles from Beaver. He was tracked by bloodhounds. In February, 1910, Hickman sent his son to their home, near Beaver creek, to arrange for his wife and mothe.r.ln-law to return from Brigh ton. Hickman concealed himself in the house, and when his wife arrived shot her dead. Attorneys for Hickman pleaded that his mind had become unbalanced by excessive whiskey drinking, but he was convicted and sentenced to death. OFFICER IS SHOT TWICE AND MAY DIE CAPTAIN FRANK A. COOK AR RIVES FROM PHILIPPINES LAST NIGHT AND IS IN THE HOSPITAL THIS MORXIXG. f UNITED TRESS I.EABn WHtE.1 San Francisco, April 12. With two bullets in his body, his head a mass of bruises from being beaten with a revolver butt, and so crazed from drink that he cannot answer questions coherently, Captain Frank A. Cook, Twelfth cavalry, U. S. A , is today spending his first day after his return from the Philippines on a hospital cot here, with only a change that he will leave it alive. Cook ar. rived last evening from Manila on the transport Sheridan. When Captain Cook regained con sciousness today in the operating room of the Cantral Emergency HosJ Pital, there bent over him a face he had not seen for 26 years. It was that of Dr. G. M. Terrell, who, as Sur geon Terrell, U. S. A., attended Cook when the captain was woundfdi in the last battle with Geronlmo, the famous Apache chief, In 1886. As he did then, Dr. Terrell today removed lead from Cook's body, and through his ministrations the one-time Indian fighter Is likely to recover. When Captain Cook became sen sible he declared he knew nothing of the affray in which he was wounded. "I feel the disgrace keenly," he said. "I suppose I shall have to put aside the uniform now that I have always loved. And it is hard fir my family. That cuts me to the heart." Captain Cook, according to hospi tal physlniatts, lata today, probably will recover. He took part in the capture of the Apache chief Gennimo In Arizona in the '80s, and has an enviable record In the army. 0 Illinois Gets Suffrage. Springfield, 111., April 12. The woman suffrage bill was passMl to second reading in the house this af tern.ion by a vote of 74 to 69. It has already passed the senate. It is now believed certain that it will be. come a law. o The telephone should nnt be call ed a perfected Instrument till Its feminine subscribers can exchange sleeve patterns as well as cako re el prts over it. Children Cry FOR FLETCHER'S CASTOR I A (jet It at Dr. Stone's Drag Store Interesting Reading for Tcforcalar invalids I'm V'-V r Kckman'a Alterative II ,'" 'l:,;",e ,! I'lirius tuberculosis in..',- I . '"',t'n'-;-HI send direct, a .ini,,il. t ;,.,d other literature, thnt every "ii umi.t.ve slmuld read. It tells a ' i I Alterative has cured. - ';..!. ",lu-f,!"'",-"'-l.rt evidence , "u"'s ls convincing. .-... itt, r ir you have unfortunately . .. J; '"w.V"1'' .."""".7 eM'erimenthig lili m arlv vrv cure" under the flrma-.jm-mvw,Sutc Eckmnn-H Alterative, i' r ,ie hcarl,-ImRl'R affidavit of .,w r Vm? 0,,ly s,m wa tired of f. r V IT'8 ,l,y. J ''"' Alterative it Jn. h"pe hai1 bren "handone.1, would t rot carry some wclsht with vou' A Coptlemrn. "In July, 1905 I first noticed the condition, that showed I had tnon,!'""1ntlon. I lost weBi rapidly had n hollow cotiKh. hemonhaxes and vc.y severe nlKht sweats. Sly brother !rrTn11 J"- Alterative i" h,,, m 1 '"''"'ly well and ro bust. My ntim tite Is good and my weight Not . V""1 ,,rom i10 to HO Pounds 'l,? '' old trouble remains. L ii . rla"1y express the merits of this medicine to anyone." ?Hmed ) M. L. OEnHARDT. Aln,.,?.Bnn -iterative cures Bronchitis, i 1 ' ""Vl-ever; Throat and Luiuc An-ections. Allk for booMet of curei, caaeK 2.nJ. write to the Hckman l.ahnrm nrv Foi Kni k Pa,V f,0"-additional evidence, or Sale by all leading- druggists ana J- O. PERRY, Saiem Oregon. SITREME COURT DECISION (Continued from page four. value, which the owner is bound to discharge before he can be restored to his original rights In the prop erty. In the opinion in that case Mr. Justice. McArthur follows the views expressed by Mr. Justice Story In Bright v. Boyd, 2 Story (C. C.) 607. In the first opinion in the latter case (1 Story 492) he says, that the fact that the defendant has stood by and allowed the improvements to be made, without giving anv notice to the plaintiff of any defects in his title, of Itself constitutes ernnnil nt relief "and the duty of compensa tion in such cases, at least, to the extent of permanent Increase of value, is founded upon the construc tive fraud, or gross negligence, or delusive confidence held out by the owner." The same principle Is fol lowed by Mr. Chief Justice Bean in Kleffer v. Victor Land Co., 53 Or. 174, 177. Blnckwell begins his dis cussion of this question (2 Blackwell, Tax Ttiles, Sec. 1009) by giving a summary of the subject in which he states that If the purchaser has act ed in good faith in regard to his (title and the making of the Improve ments he should be allowed to put the value of such improvments against any claim for rents or pro fits; and if, with improvements un tainted by bad faith, there co-exists negligence or bad conduct on the part of the owner, in relation to the tax entering Into the cause of the sale, the purchaser should In justice recover the value of the improve-1 nients. But where the owner has paid the taxes or where the estate is sold for taxes that the owner was under no obligation to pay and that he never Is actually notified of the mishap to his land until the tax has ripened and the improvements are made, it Is manifestly unjust to compel him to pay for the Improve ment; he Is In no fault; that at com mon law the improvements could only be recouped again the rents and profits; that whatver may be the rule at common law, equity follows to a great extent the principles of the civil law, and will permit a re covery, even after eviction, for the amount that his improvements have added to the value of the estate; that equity will not allow the owner of the paramount title to stand by and let a bona fide holder make Im provements and then refuse to reim burse him. At Sec. 1912 he says, that "where one, believing that he has title to a parcel of land, enters find erects a building upon It, and the owner stands by and permits him to go on with his Improvements with out giving him any notice of the ad verse title, equity will decree to the occupant compensation." To the same effect is 1 Story, Eq. Jur. Sec. 388. Thus it would appear that a pur chaser's right In equity to compen sation for his improvements depends upon t lie owner's knowledge, or his duty to know, of the tax and the pro ceeding agalant his property and ac-oniescs-nce therein. So also in 2 Story Eq. Jur. Sees. 1237 to 1241, and notes, the equitable remedy is based upon ihe principle of fraud. To the same fffect are Sees. 799 a and 799 b. where he cites Putnam v. Richie, C f'aic 390, to the effect that equity will uot give affirmative relief where there has been neither fraud nor ac qulestenc on the part of the owner; and rote to Sec. 1241 Pomnroy's Eq. Jur.. v.-here it is said that to claim re lief In equity "either ttm aid of a court of equity nuiHt he requisite on behalf of the owner against whom the claim for reimbursement is made, so that he can be compelled to do equity or else there must be pome elemfUi of fraud In the transaction as ground of equitable interference." In Kocnan v. Portland, 27 Or. 54!i, Mr. Justice Moore says, that In the absence of fraud the rule of caveat emptor applies to purchasers at tax sales; that it Is tho duty of the pur chaser M such sale to examine the proceedings authorizing the sale and If he purchases thereat he does so on his own judgment. In a note to Pitt v. Moore, (N. C.) In 6 Am. St. Rep. (1888) p. 495, there Is a very brief review of the cases upon this question and in referring to the opin ion of Judge Story la Bright v. Boyd, supra, the author mentions several cases In which it has been followed but says 'Nor will a court of equity give to an occupant compensation for Improvements, unless there are circumstances attending his posses slon which affect the conscience of the owner, and Impose an obligation upon him to pay for them or allow for their value against a demand for the use of the property." To the same effect is the note to Barrett v. Stradl, 9 Am. St 805. In many of the states this remedy for improvements in such cases is covered by what ia known as the Hetterment Act',, and the rule of the common law, that betterments cap. only be recouped against the use and occupation of the land has been greatly extended. While in Oregon we have no such statute except in recognition of the common law rule, yet the equitable remedy is available either where the owner has been compelled to resort to equity for re lief or where the purchaser has been ousted at law; and where the pur chaBr, for a valuable consideration, without notice of any infirmity of his title, has made improvements, he may place the amount that such im provements have added to the value of the premises against any claim for rents and profits and if there was any' negligence or bad faith on the partof the owner in relation to the tax or the making of the im provements, the purchaser may re cover the value thereof In excess of the rents and profits. In the case we are now considering there is no pretense that the prop erty was liable for the tax. Daly had no taxable interest in the premises at the time of the levy and, there fore, he was not negligent in not having It assessed or in failing to pay a tax upon it. He left the coun ty about the time he acquired the title to the land, and It ls not shown that he hnd any notice of the pre tended tax or of the proceeding for the sale of the property for a delin quent tax, and was guilty of no neg ligence or fraud in relation thereto. The foundation of plaintiff's pretend ed right Is an alleged tax upon prop erty not llabe to taxation and In re gard to which defendant owed no duty and, therefore, this case does not come within , the rule announced in Hatcher v. Brlggs, where the title was acquired at a sale in a partition suit and the plaintiff received full value for the property; or in Bright v. Boyd, where the property was sold at an administrator's sale for full value, for the purpose of paying the debts of the estate; or In Kteffer v. Victor Land Co., where the sale was under a void assessment for a street improvement tax, but for which the property was liable. The decree of the lower court will be reversed and the suit dlsmissd. Mr. Justice McBrlde took no part In this decision. Averts Awful Tragedy. Timely advice given Mrs. C. AVil loughby, of Marengo, Wis., (R. No, 1) prevented a dreadful tragedy and saved two lives. Doctors, had said her frightful cdugh 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 50 cents and $1.00. Trial botle free. Guaranteed by J. C. Perry. o Bungalow One of the nicest little bungalows in the city, of unique and attractive design, fine location; 5 rooms on first floor, second floor one large room not finished, bath, toilet, etc., fireplace, pebble chimney, east front, nice lot, large porch. This place cannot fall to please the moBt exacting home seeker. Price $2500, terms. KECHTEL & 1YN0X 347 State Street SOOn ST0HAGE! "I used Cascarets and feel like a new man. I have bten a sufferer from dyt pepsia and sour stotunch for the last two years. I have been taking medicine and other drus, but could find no relief only for a ebon time. I will recommend Cascarcts to my fi lends as the only thing for inlif.'C!ition and sour stomach and to keep the bowels in good condition. They are very nice to eat." Harry Stuckley, Mauch Chunk, Pa. Pleasant, Palatable. Patent, TanteGood, Do (iood. Never Klcken, Weaken orGrlpe. Ilk:, 2.1c, 50c. Never sold In bulk. The gen uine tablet stamped C C C. iiuaraotewl to cure or your mousy back. 826 f r i r iir --i 4- : oaiem rence norKs Headquarters for Woven Wire Fencing, Hop Wire, Barb Wire, Poultry Netting, Shin gles, Malthold Roofing, P. ft. D. and Ready Roofing. Bcreen Doors and Adjustable Window Screens. All at the lowest prices. , CHAS. D. MULLIGAN J 260 Court street Phone 114 Dr. Lyon'; s PERFECT Tooth Powder neutralizes the destructive acids of the mouth cleanses, preserves and beautifies the teeth, and imparts purity and fragrance to the breath. A THOCSAXI VETERANS FALL IX AX1 MARCH Fresno, Calif., April 12. With more than 1,000 veterans in line, the greatest demonstration Fresno ever saw, marked today the G. A. R. en campment of the department of Cali fornia and Nevada. While the parade was on, all busi ness in the city was suspended. Many fraternal orders and a com mand of state militia participated In the march, and school children, banked by the court house, saluted the old time warriors by forming a laving flag. In Ten Seconds Flat. Melbourne, Australia, April 12. Donaldson, of Victoria, this afternoon defeated Holway, American, in the world 8 100-yard sprint champion ship at Bendigo, Victoria, by three yards. Time, 10 seconds flat. o , A SIMPLE QUESTIOX. Salem People Are Bcquested to Hon. fstly Answer This. Is not the word of a representative citizen for Salem more convincing than the doubtful utterances of peo ple living everywhere else In the t'aion? Read this: F. A. Sutton, Hoyt and West streets, Salem, Oregon, saya: "For 10 or 12 years kidney trouble was the plague of my life. I suffered In tensely from a pain In the small of my back and was often unable' to move. I doctored and tried a num ber of remedies, but to no avail and I was in a bad way when I procured Doan's Kidney Pills at Dr. Stone's Drug Store. They benefited me at every symptom of kidney complaint. My health is now of the best and for that reason I cannot understand Doan's Kidney Pills too highly." (Statement given January 31, 1906.) Re-Indorsement. On November 22, 1909, Mr. Sutton confirmed his former statement say ing: "I willingly reiterate, all I have previously said In favor of Doan's Kidney Pills. This remedy cured me three years ago and I have had no return attack of kidney trouble." For sale by all dealers. Price 50 cents. Foster-Milburn Co., Buffalo, New York, sole agents for the United States. Remember the name Doan's and take no other. The Sound Sleep of Good Health. Can not be overestimated and any ailment that prevents It Is a menace to health. J. L. Southers, Eau Claire, Wis., says: "I have been unable to sleep soundly nights, because of pains across my back and soreness of my kidneys. My appetite was very poor and my general condition was much run down. I have been taking Foley Kidney Pills but a short time and now sleep as sound as a rock, my general condition ls greatly Improved, and I know that Foley Kidney Pills have cured me." Good results always follow the use of Foley Kidney Pills. They are a prompt corrective of urin ary Irregularities. Try them. Red CrossPharmacy. H. Jerman. ill patent medicines or medicines ad vertlBcd In this paper are for sale ar DR. STONE'S Drug Store The only cash drug store it Oregon, owes no one, and no one owes It; carries large stock; Its shelves, counters and show cases are loadej with drugs, medicines, notions, toi let articles, wines and liquors of all Kl'ado for medicinal purposes. Dr. Stone Is a regular graduate In medi cine and has had many years of ex perience In the practice. Consulta tions are free. ' Prescriptions are free, and only regular price tor med icine. Dr. Stone can be found at bis drug store, Salem, Or., from ? in the morning nntll 9 at night Oregen-