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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (June 30, 1911)
tkar. an. DAILY CAPITAL jni'RNAU MLKM. OREOON. FRIDAY, JD'E 30, 101 1. ARRANGE TO GET A TRACK TESTING CAR In order to carry into execution the provisions of a law passed by the last legislature authorizing the rail road commission to make inspections of railroad track scales, and at the same time to avoid incurring too heavy an expense on the state, the commission has entered Into an agreement with the commission of the state of Washington to purchase Jointly a track testing car. The law was passed upon the recommendation of the commission as many complaints had come to it rel ative to the inaccuracies of the scales In use by the railroad companies, but it was powerless to act beyond calling the companies attention to the fact Under the new law, how ever, the commission is vested with full power to act and with the testing car it will be enabled to make abso lutely correct tests. ANOTHER BIG STRIKE IN JOSEPHINE Grants Pass, Or., JJunje 29. four mining men of Josephine county have just uncovered a wide ledse of oxidized ore hearing heavy gold values. The find was made three days ago near the western line of Josephine county, and lies one mile north of the recent sensaifonal find on the HIggins Golden Dream property. Two of the owners of the present discovery, C. M. Gage and G S. Ross, were the men who uncovered the large body of rich ore and free gold on the Higglns mine. The owners of this latest discovery today sent a pack train in from Kerby to the property carrying supplies, and will enter at once upon development. This is the fourth bonanza gold strike In 60 days in this county, and Is attracting mining men from as far away as Alaska. POLICE DEPARTMENT TO HATE DESK MAX Beginning the first of July the city police department will be provided with a desk sergeant and C. V. Nel son,' now a guard at the state peni tentiary, has been selected to occupy the place. When Chief of Police Hamilton was Inaugurated he asked for a desk ser geant but the council denied the re quest. Recently it was found neces sary to put an extra patrolman in the district lying near the Southern Pa cific depot, and the council granted the chief's request for an extra man. The chief heretofore has been com pelled to use one of his regular pa trolmen as desk sergeant but will now use one of them In the Southern Pacific dlstdlct, and put Nelson on the desk. TO) Fiftieth will be $3B9000 in PREMIUMS and SEPTEMBER Grand Racing REDUCED RATES ON ALL I J. H. BOOTH President r. like M K. C Baking Powder works like magic. Recipes formerly considered difficult to bake now come out of the oven light, dainty and deli cious. It fairly makes you hungry to look at them. KG BAKING POWDER Is the housewife's best friend, lighten ing her burdens as well as the food. Wherever K C is used you will find healthy, happy families and a con tented housewife. Com plies with all pure food laws, both State and National. Jaques Mfg. Co., Chicago OREGON SUPREME Fall Text Published bj Courtesy of Supreme Sin It li Meat Co. v. Oregon II. It. & (Smith .Meat Co. v. 0. It. & '. Co, Multnomah County. Frank L. Smith Meat Company, a corporation, appellant, v. The Ore gon Railroad & Navigation Company, a corporation, respondent. Appeal from the circuit court for Multnomah county. The Hon. C. II. Gantenbein. Judge. Argued and submitted June 7, 1911. Cole & Cole for appellant. A. C. Spencer (and W. A. Robbins on brief) for respondent. McBride, J. Affirmed. Plaintiff corporation is engaged In the butchering business in Portland, Oregon. The complaint alleges, in substance that about March 14, 1908, ' plaintiff caused to be shipped to it, over defendant's railroad from North Powder in eastern Oregon, 53 head of live stock, intended for slaughter at Portland, that owing to the negligent operation of defendant' s train the same arrived at Huron, Oregon, sev eral hours later than it should have done, and that a washout occurred at the latter point preventing the train from proceeding further: that -"IMHKin &m 39& r"". VTJ ? I - ff M ff KX Annual Exhibition Greater than Ever 11 to Showing of Livestock Program Complete Come and Bring Your FRANK MEREDITH Secretary gv-p COURT DECISIONS F. A. Turner, Reporter of the Court. If the train had not been so negli gently operated it would have ar rived at Huron and passed the place where the washout occurred without delay or detention on the route be tween North Powder and Portland; that the train and cars containing the cattle were returned by defendant to I.a Grande about 10 o'clock a. m. on March 15, 1908, when, without notice to or consent of plaintiff or the per son in charge of the stock, they were unloaded into a yard entirely with out shelter and covered with mud several inches deep, and kept there for three days without sufficient food and without any shelter or resting place; that the yard was an unfit and unsuitable place in which to keep the cattle, as defendant well knew, and that defendant neglected and refused to provide any place other than the yard In which to keep them and re fused to allow plaintiff or the person In charge to provide any other place for them; that because of the alleged wrongful acts of defendant the cattle became greatly reduced in weight and depreciated in market value, to MM Fo X PURSES 16, 1911 RAILROADS Friends. f ttttltlll MM plaintiff's damage In the sum of $.".22.12; and that plaintiff was obliged to pay $30.20 for extra feed for the cattle. Defendant answered, admitting that the cattle were shipped to plain tiff on the date named, denying that plaintiff was the shipper, but alleg ing that the shipment received by them for plaintiff was the same ship ment mentioned in "the complaint. It denied all plaintiff's allegations of negligence, and admitted that the cat tle were returned to La Grande about 9 o'clock a. m. of March 15. For a further and separate answer defen dant alleged that on March 14,1908. a co-partnership firm, doing business as Davis Brothers, of which C. E. Da vis was one of the members, entered Into contract In writing with defen dant for the transportation of two car loads of cattle from North Pow der to Portland by defendant and that the shipment of cattle, the ex act number of which was unknown to defendant, was the same one men tioned in the complaint; that, In con sideration of a rate of transportation granted by the defendant to the ship per, governing such shipment, the shipper and this defendant entered Into a stipulation with respect to the conditions under which the shipment should be and was transported by this defendant. One provision of this contract is as follows: "Unless claims for loss, damage or detention are presented within 10 days from the date of the unloading of said stock at destination, and be fore said stock has been mingled with other stock, such claims Bhall be deemed to be waived, and the car riers and each thereof shall be dis charged from liability. Any carrier liable on account of loss or damage to anv of said stock. shnll hnvn thp benefit of any Insurance that may nave Deen enectea tnereupon. The rules, regulations and conditions pre scribed by the carriers for the trans portation of live stock, as evidenced by their published tariffs, classifica tions and circulars In force and ef fect, are binding upon the shipper. The signing of this contract by the shipper or his agent shall be con clusive and condition thereof by said shipper." Defendant alleged that the ship ment was transported by It without delay and with due care, but that on the evening of March 14th, an ex traordinary and furious shower arose which continued all of the next day washing out a portion of defendant's track near Huron, and that, upon en countering the washout. It returned to La Grande with the train and that the stock were promptly unloaded into defendant's stock yard, with the consent of the shipper's agent; that the yard was entirely suitable for receiving and holding the stock un der all conditions that could be rea sonably anticipated by defendant; and that as soon as the injury to the road could be repaired defendant transported the cattle to Portland where they were unloaded and ac cepted by plaintiff, without any com plaint or objection, on March 19, 1908; and that no claim was made by plaintiff for damage to the stock until July 10, 1908. The evidence does not show any unnecessary delay by defendant in transnortine the shinmpnt hut inrii. cates that the delay was caused sole ly oy tne unusual storm and the con sequent washing out of its roadway. There is some evidence tending to show that C. E. Davis, who was in charge of the stock for plaintiff and who accompanied the shipment, left the cars when they returned to La Grande and was away when the stock were being unloaded; that the corral was muddy and unsheltered and that some of the slats on the feed racks were broken or absent, causing waste of food, and that when he ascertained this he demanded that the stock be taken back to North Powder where they could be better cared for. but that defendant's agent did not comply with this demand. Plaintiff received the stock In Portland and slaughtered them with in a very short time, making no claim for damages until July 10, 1908. The evidence tends to show a shrink age In the weight of the animals, amounting in all to about 5500 pounds. The contract of shipment was signed "Davis Brothers" by C. R Davis, and by defendant's agent at North Powder. C. E. Davis accom panied the shipment to Portland. At the conclusion of plaintiff's tes timony the defendant moved for a Judgment of nonsuit which was granted and plaintiff appeals. McBride, J. The. Judgment of the circuit court is correct. The evi dence shows, without contradiction, that Davis Brothers were plaintiff's agents in buying and shipping the cattle, and their contract was, there fore, Its contract and binding upon It: York Company v. Central Rail road, 3 Wall. 107. The stipulation that a claim of In Jury shall be presented within 10 days and before the stock shipped shall have been mingled with other stock is a reasonable stipulation on its face. Transportation companies can only do business through em ployees, and the location of these, as well as the time of their emplovment, is subject to change. It is oniy fair that, in cases of this character, the Corporation HllOllltl lin oonsmnol,!,, .... Ltified that a claim for damages would m LiaiBieu upon, in order that a careful inspection of the animals and timely Inquiry into the conditions at tending their transportation, may be Investigated and the actual facts as certained. This is not a stipulation exempting the carrier from liability for negli gence but one giving It an opportun ity to ascertain whether Its servants have been, In fact, negligent. Such stipulations have been frequently up held by the courts: Atlantic Coast Line R. Co. v. Bryan, 109 Va. 523; Austin-Stephenson Co. v. Southern Ry. Co.. 151 N. C. 137; Anderson v. Lake Shore & M. S. Co. 26 Ind. App. 196; Smith v. Railway, 112 Mo. 610; Wichita & W. Ri Co. v. Kooh, 47 Kan. 753; Wood v. Southern Rv. ,Co. 118 N. C. 105fi: Adams, 115 Ga. 705. In the case at bar Frank L. Smith, president of the plaintiff corporation, was personally nrespnt whan tho cattle were removed from the car and naa ample opportunity to give the re quired notice and ei VPS Tin mifUntanr reason for not doing so. For this reason the court below was lustlfled in granting the nonsuit. This view renders It unnecessary tn the remaining questions so ably pre sented oy counsel. The judgment la affirmed, v AFTER 7 YEARS SUFFERING; I Was Cured by Lydia E. Pink, ham's Vegetable Compound Vaurika, Okla. "I had female trou bles for seven years, was all rundown, ana so nervous i could not do any thiiifr. The doctors treated me for dif ferent things but did nie no good. I got so bad that I could not sleep day or night. While in W'fmMl F ' hanVa V e stable Compound, and began its use and wrote to Mrs. Pinkham for advice. In a short time I bad gained my average weight and am now strong and well." Mrs. Sali.ie Stevens, li. i D., Ho. 8, Box SI, Waurika, Okla. Another Grateful Woman. Iluntington, Mass. "I was In a ner vous, run down condition and for three years could find no help. "I owe my present good health to Lydia E. Pinkhani's Vegetable Ccm- Eound and Wood Purilier which 1 be eve saved my life. "My doctor knows what helped me and does not say one word against it." Mrs. Mari Janette Uates, Box 134, Huntington, Mass. Because your case is a difficult one, doctors having done you no good, do not continue to suffer without giving Lydia E. i'inkham's Vegetable Com pound a trial. It surely lias cured many cases of female ills, such as in flammation, ulceration, displacements, fibroid tumors, irregularities, periodic pains, backache, that bearlng-dowa feeling, and nervous prostration. A SIMPLE QUESTIOX Snleni People Are Requested to Hon estly Answer This. Is not the word of a representative citizen of Salem more convincing than the doubtful utterances uf people living everywhere else In the Union? Read this. F. A. Sutton, Holt and West Sts . Salem, Ore., says: "For ten or twelve years kidney trouble was the plague of my life. I suffered Intensely from a pain in the small of my back and was often unable to move. I doctored and tried a number 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 bene fited me at once and after I had taken the contents of three boxes, T was free from every symptom of kidney complaint. My health is now the best and for that reason I cannot recom mend Doan's Kidney Pills too High ly." (Statement given Jan. 31, 190i.) lte-eiiilorseinont. On Nov. 22, 1909 Mr. Sutton con firmed his former statement saying: "I willingly reiterate all I have pre viously said in favor of Doan's Kid ney Pills. This remedy cured me three years ago and I have had no return of kidney trouble." For sale by all dealers. Price 50 cents. Foster-Milburn Co., Buffalo, New York, sole agents for the Uni ted States. Remember the name Doan's and take no other. FOURTH OF JCLiTfARES VIV OREGON ELECTRIC RT. Round trip tickets will be sold to all points on the Oregon Electric railway, minimum fare 35 cents and to all points on The North Bank Road (Goble, Ore., and points east) where the one way fare Is $6.00 or less, for one and one-third fare. Dates of sale July 1 to 4 inclusive, return limit, July 5th. 6-23-9t o Lame shoulder is lamost invaria bly caused by rheumatism of the muscles and yields quickly to the free application of Chamberlain's Liniment. This liniment is not only prompt and effectual, but in no way disagreeable to use. Sold by all dealers. All patent medicines or medicines ad vert.'sed in this paper are for sale at DR. STONE'S Drug Store ' The only cash arug store in Oregon owes no one, and no one owes It, carries large stock; Its shelve, counters and show cases are loaded with drags, medicines, notions, toi let articles, wines and liquors of all kiada for medicinal purposes. Dr Stone is a regular graduate in medl cine and has had many years of ex perience In the practice. Consult tlons are free. Prescriptions an free, and only regular price for med Iclne. Dr. Stone can be found mi his drug store, Salem, Or., from ' la the morning until 9 at night Oregon. li 1 Are You Looking For the Best Orchard Development Proposition in Oregon? We have it. Call and see us. The A. C BOHRNSTEDT CO. 304 U. S. National Bank Bldg. 1 SALEM, OREGON Head Offlre, Minneapolis, Minn. 1 Salem's most poular res taurant THE WHITE HOUSE We cater to the public who demand a good meal for a small price Wm. McGilchrist & Sons. X "Economies" We Can't Afford In one sense, we could save money by using cheaper soap than the very best, by using cheaper starch and lower priced employees, etc. But the saving at most would be only a fraction of the resulting loss in reputation. You can count on the fact that we practice no "economy" that takes It out of your clothes. We aim to do the finest laundering possible, second to none. Our patrons tell us we succeed. You will like our work. Try it Low est prices guaranteed. SALEM STEAM LAUNDRY, Phone 25. CASTOR I A For Infants and Children. The Kind You Have Always Bought Bears the Signature 'R FRENCH FEMALE PILLS. I A Sn, CntraiN Riliip for Suffsesmd Minktruitiun, NEVER KNOWN TO FAIL 8fct Ruret Bpmly I 8ati nutlon Guaranteed or Money Refunded. Hent prepaid ! for 11.00 ner box. Will teod them on trial, to he natiifor when rellered. Bamplra Free. If your druggist do not nan uwoi acua jour oraerg 10 iaa UNITED MCLICAL CO., BOX r, UNOHTfR, P. Sold In Siltm by Or. 5. C. Stone MM Salem Fence Works I Headquarters for Woven Wire Fencing, Hop Wire, Barb Wire, Poultry Netting, Shin gles, Maltboid Roofing, P. ft. B. and Ready Roofing. Screen ' Doors and Adjustable Window Screens. All at the lowest prices. CflAS. D. MULLIGAN 250 Court street. Phone 14 MORRIS' CASH ? Feed and Grocery j Store t Phone 1497 t No. 10 pall Cottolene ..SI. 50 4 No. 6 pall cottolene 60c 10 lb best lard $1.26 5 lb best lard 65c Best Sweet Sugar Cured Hams 17c Nice sugar cured streaked bacon .17o Blue Seal, a fine blend flour $1.10 Perfection flour ..$1.20 Fancy P.itent hard wheat flour .... $1.30 3 cans good Table Peaches, 60c 5. cans good Table Apri cots .... 500 3 cans String Beans 2 So 3 cans Milk 25c 5 pkgs Corn Starch 25c 2 lbs best Tillamook Cream Cheese .... 35o 3 cans Alaska salmon . . . . 25o 1 gallon Best Syrup 45c Free Delivery Branch Offices: Jlaclcay and Creswell, Oreg. I Gold Dust Hour 3 Made by tbe HYDNEY POWER OOWPANV, SydJM-y, Oregos. Made for Family Cm. Ask your grocer for It. Mraa aad Whorti always o baad. P. B. WALLACE, Agt. 13G-1C0 SOUTH LIBERTY STREET illiii WebsterS New International Dictionary THE MERRIAM WEBSTER? Reran " NEW CBEA uciamc TI01ri covering every field of the world's thought, action and oulture. The only new unabridged dictionary in many years. RprauiA it define over 400,000 before appeared between two covera. 1700 Pages. 0000 -illustrations. R...... it ii the only dictionary PCCI"".T with the new divided page. A "Stroke of Genius." Because " sn encyclopedia In a single volume. Becanse " ' jooepted by the . Courta, Sohoola and Presa aa the one supreme au thority. Because a who knT0W Wi Snooess. Let us tell you about this new work. D WRITS for spelnn of ntw dMtUd pf C. C. MERRIAM CO., PoMiikn,SiriiitfieU, Mw. Mantloa tbli ptptr, mxin r&EI t of pockrt mpi. 1. i n 1 r 1 Celebrated Lear Farms r. The Best Heater It will save you ln-iey every day yo own It. I ell ai d natal' the heat. Let me give you figures. See Me Aiout an Individual lighting plant for your home. The best thing la the market for poking and lighting. A. L. Frasier Phor.e 135. t5b State Street I mum 1 it i 1 HHIHIHHHiWN , f