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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Aug. 8, 1911)
OATlI CAPITAL J01K5A1-. HALKM. , OREGON, TTESDAr, AVGV&T 8, 1811. PAGE FITl I SALE OF Table Linens "TI"or nt TOU ro need TftD,e Linens, we advise you lo 1 .vantage of this sale. We include In this our entire stock of Jll Li"'ns" new an( Exclusive Patterns. fable Cloths I .60 values, yard I ,75 values, yard jj'oo values, yard jj 05 values, yard (1.50 values, yard J2.00 values, yard 13.00 values, yard is Napkins i $1.25 values, dozen $1.05 J ! $1.50 values, dozen ....$1.27 -79 $1.65 values, dozen '....$1.37 $1.04 $2.00 values, dozen ....$1.69 $1.27 $2.50 values, dozen ....$2.07 $1.65 $3.00 values, dozen ....$2.49 $2.48 $3.50 values, dozen $3.05 Children's Dresses This sale indues all White and Colored Wash Dresses in Linen, lawn ami l'ccale. A great variety of colors and styles to choose from. .75 values ....... LIFE TIMERS GET A CHANGE OF LOCATION THE COO TRY'S BUTTONHOLE ORNAMENTS ARE PIT ON NEW LAPELS, 4M ONLY ONE NEW FLOWER FINDS A PLACE. OREGOII SUPREME COURT DICISIOHS (Continued rrom Page 2. $1.00 values $1.50 values .$ .56 .$ .82 .$1.19 $1.75 values ..$1.49 $2.25 values .......... $1.79 $2.50 values ...$2.19 Washington. Aug. 8. Sweeping changes in the diplomatic service which have heen reported as con templated for some time were con firmed today when , nominations af fecting practically 'every important station except that at the court of St James were sent to the. senate. The shake up comes as a result of the resignation of Dr. David Jayne Hiss, ambassador to Germany. John G. A. Lelshman, present ambassador to Italy, has been chosen to fill the post, and wholesale transfers in the diplomatic service afe listed in order to bring this about. Lelshman's nomination for the Berlin post, head ed the list. sent in. Another one of importance is the transfer of Thomas J. O'Brien, now overreaching forfeiture. The defen dant, however, suggests that he has paid some taxes since the institu tion of this suit that should be taken Into the account and the plaintiff states that the defendant has en cumbered the land with a mortgage for $2,000 which ought to be abated from the balance, of the purchase price, necessary to be paid on the strict foreclosure decreed by this court. Without comment upon this phase of the already complicated situation the decree here will be entered as already directed on. ' rehearing but with leave to either party to apply to the circuit court for permission to file supplemental pleadings and to take further proceedings not incon sistent with the opinion rendered on rehearing. jjXGERIE DRESSES The kind you cannot help admiring. We have sold a great many of these dresses this season; there are many beauties left. Take your choice at One-Fourth Less COLORED WASH GOODS Owing to a backward season we have ;8ome beautiful patterns in wash fabrics left Come in, look them over and take your choice at One-Fourth Less IADIKS' LINEN CRASH SKIRTS To clean up this line we offer you your choice of many neat and up-to-date, skirts at One-Fourth Less REMNANTS Of Woolen Dress Goods. All new and up-to-date goods; skirt and suit patterns. You will be pleased with this assort ment. Take them at . One-Fourth Less STOCKTON Stark t. Epler and Epler, Mnltnomah County. Mary A. Stark, respondent, v. John H. EDler and Sabrina J. Epler, ap ambassador to Japan, to take the pellants. Appeal from the circuit place vacated by Leishman. - court for Multnomah county. Hon. Charles Page Bryan, minister to Earl C. Bronaugh, Judge. Argued Belgium is promoted to the rank of ana submitted July 6, 1911. Gam ambassador by the nominations, and mans . & Malarkey for respondent. is slated to succeed O'Brien at To- cieeton & Graham and Wm. D. Fen-j klo. ton for appellants. Burnett, J. Af-I C. P. Anderson, attached to the firmed. embassy .at London, will become, The plaintiff, complaining of the minister to Belgium. John R. Car- defendants, who were husband and ter, minister to Roumania, Servjaand wife, alleged: "That on or .about Bulgaria, will become minister to the September 20, 1907, In the City of Argentine Republic. John B. Jack- Portland, county of Multnomah, son, minister to Cuba, succeeds him state of Oregon, the defendants here as minister to the Balkan states. In and each of them wrongfully, vio- Arthur M. Beaupre. minister to lently. ferociously and maliciously The Netherlands, is assigned to assaulted the plaintiff herein by Cuba. Lloyd Bryce, of New York, is striking and beating her upon the nominated to The Netherlands Jega- hands, arms, shoulders and body tion. Bryce formerly was a con- with their fists and with a hand gressman and is the only man among hatchet or axe or hammer held by the appointees not now in the diplo- the defendant John H. Epler and by niatic service. He formerly was em- pushing, throwing and crowding the tor and owner of the North Ameri- plaintiff against the door casing can Review and achieved distinction thereby cutting, bruising and wound in the literary -aiorld by critical and ing the plaintiff on and about the political writings. Bryce is known body, shoulders, arms and side, caus as a deep student of international pol- ing her body, shoulders, arms and iticc. Bryce is known as a deep side to be crushed, bruised, lacerat- student of international politics. He ed. lame and sore." served in congress from 1887 to , The complaint contains other alle- THOSE BAD SPELLS Lebanon Jet., Ky. Mrs. Minnie Lamb, of this place, says: " I be lieve I would have been dead by now, had It not been for Cardul. I haven't had one of those bad spells since I commenced to use this medicine." Cardul Is a specific medicine for the ills from which women suffer. Made from harmless, vegetable Ingredients, Cardul Is a safe, reliable remedy, and has been successfully used by weak and ailing women for more than 50 years. Thousands of women have been helped back to health and hap piness by its use. Why not profit by their experience? A trial will con vince you that Cardul is Just what you need. 1889, being elected as a Democrat. o CONGRESS MAY ADJOURN gations more particularly setting forth the alleged resulting Injuries and special damages incurred by the SEXT WEE& plaintiff and closes with a prayer i for special damages amounting to Washineton. Aue. 8. Both Demo- $1,000 and further damages in the crattc and Republican leaders in both ! sum of $10,000 for great mental and branches of congress today are pre dieting that the extra session will end next week. Various dates be tween August 15 and 19 are named but all are agreed that the session will close within a very short time after the wool and free list bills have been finally disposed of. o , Stick to your business, be a stick In it. but don't Children Cry FOR FLETCHER'S CASTO R I A bodily pain alleged to have been suf fered by the plaintiff. The answer consists of denials, either positive pr upon information and -belief, of all the allegations of the complaint On the trial there was a verdict and consequent Judgment in favor of the plaintiff for $4,500. The defendants' motion for a new trial having been overruled, they have appealed. Burnett, J. The testimony tends to show that the defendants were keeping a rooming house in Port land. The plaintiff, with her hus band and children,' had rented rooms from the defendants and paldi a week's rent In advance. At the end QUICK ACTION Will BE ALIVE Save You Money To this Golden Opportunity. : : Extra Specials for Wednesday, Thursday, Friday and Saturday. : : of .the week the plaintiff and her family were preparing to leave, when i the defendant, Sabrina Epler, ap peared upon the scene and seized a roil of bedding belonging to the plaintiff. A scuffle ensued, each con tending for the bedding, when Mrs. Epler- called for her husband who appeared armed with a hatchet In the melee consequent upon these ac tions, the plaintiff received the injur ies of which she complains. At the trial the plaintiff also gave evidence of some quarrels between herself and Mrs. Epler concerning, plaintiff's children and about Mrs. Epler rum maging in plaintiff's trunk. One thing of which the appellants complain is that In his closing argu ment to' the Jury counsel for plain tiff used the following language: "And this action arose out of a crime and these people were tried down in the municipal court, a few days af ter this thing happened, for a crime. We don't know how that trial turned out they, .objected to us showing it, but they were tried for a crime." The defendants, by their counsel, ob jected to this language but no ruling of the court was called for and none made as to this conduct of plaintiff's counsel. .There was testimony on both sides given without objection about criminal prosecution of the de fendants In the municipal court. There was abundant testimony, also, tending to prove an assault made by the defendants upon the plaintiff. An assault is a crime, and the comment of the counsel upon the action of the defendant characterizing it as a crime, was legitimate discussion of the evidence. In our Judgment no error is shown In this respect . ine action of the court in nermlt- ting plaintiff to give evidence about the difficulties occurring between herself and Mrs. Epler over the plaintiff's children is also assigned as error. This testimony was ad mitted on the acquiescence of defen dant's counsel for the purpose of showing malice on the part of the defendant, Mrs. Epler, and having mus cuueurrea, ine defendants are in no position to object here on that point. The same reason, that of proving malice, will Justify the ad mission of heated words used on the occasion of the plaintiff's discover ing Mrs. Epler rummaging In plain tiff's trunk. Appellants further urge that the court was at fault In allowing the piaintiir to show what Mrs. Epler said at the trial in the municipal court about whether the plaintiff and urr iuisuhuu owea tne former anv room rent at the time she undertook to seize plaintiff's bedding. This was aaniiBsiDie for the purpose of show mg mat ner action in taking the property was without Justification ana rnai ner accompanying assault upon tne plaintiff was devoid of ex cuse. the plaintiff was also al lowed to show that at the trlnl In the municipal court the Judge asked Mrs. Epler. after she admitted that tne plaintiff did not owe her any . 1. 1, . i , . . . ... miug. wen men, wnat am you want to take the goods for?" and Mrs. Epler answered that she wanted to take it so that if they did owe her anytmng she would have it Of this the, appellants complain on the ground that it was irrelevant and immaterial. They claim that th language of the Judge had nothlne to do ivith the dispute in this case, but u is permissible under Sec. 729, subdivision 3, L. O. L to show the declaration or act of another In the presence and In the observation of a party and. his conduct in relation thereto. This conversation between the Judge and Mrs. Epler was clearly proper to show that her conduct with reference to the bedding and the accompanying assault was inexcusa blp. The principal contention of the de fenuants Is that the court erred in submitting to the Jury the question of exemplary damages. Defendants maintain that the complaint does I not state facts sufficient to authorize an investigation of that question by j the jury and that it gives no notice t 1 OO)) : O would be made at the trial. On ; act for the purpose ot injuring an prlnclpal, a complaint must allege other." facts sufficient to authorize giving An assault by that name is an un the relief sought by tlfe plaintiff, lawful act as well as the consequent "To entitle the plaintiff to exemplary battery. Hence, by these words la damages, he must not only prove tne tne complaint, tne aerenaanis were elements that enter into and make notified that malice would be imput- nn this cause of action, but he must ' ed to them on tne trial ana mat u in the first place in his complaint .the acts alleged were proven, the- to the defendant that such a claim Hundreds of Articles in High-class Jewelry at less , Cost to Manufacture than $4, $5 and $6 Brooches, solid gold . . $5, $6 and $7 Rings, solid gold . . . 5K1 R anH $20 Rubv riners $3.50, $4 and $4.50 Gold lockets . . . $3.50, and $4 Gold watch chains . . $2.50 and $3 Solid gold tie pins . . . $2.50 and $3 Cuff links $18 and $20 Diamond Rings 10 Dozen Nickel watches, good time keepers 75c Baby silver spoons . . . . . . . $2.95 2.35 5.95 1.95 1.45 1.25 .95 9.95 .65 .15 The above mentioned articles are only a few of the thousands of wonderful bargains we are offering. There are many more, too numerous to mention. Powers9 Jewelry Store Bligh Block State Street OPEN EVENINGS DURIN G SALE Nature's Tonic In the pleasing form of a de licious, enticing and Invigorat ing beverage, bottled direct from the springs in the Cala pooya mountains. ' Calapooya Mineral Water Di ing It to Ot AVcIl Drink It to Keep Well A murated saline water, equal to any of the renowned spring waters of Europe and America. Recommended by leading phy sicians of the TTnited States for Rnenniattam, Kidney and Liv er afflictions, Dyspepsia, Indi gestion and all forms of Stom. arh. Skin and Mood diseases. Hundreds of people "given up"' by physicians have been cured of long-standing ailments by Calapooya water. Testimonials on application. Standard Liquor Co. Distributors Fighting Ihe Combine. EW CTSTOHERS Who formerly traded at the Combine stores, are being added to our list daily, which goes to show their appreciation of the cut prices we are offering In high grade groceries and pure food products. Any item here or any item in the store will prove our prices lowest Mason Fruit Jars, half-gallon 85c doz. 15 lbs. new Potatoes for 25c 75c English Breakfast Tea, our price 50c lb. 60c English Breakfast Tea, our price lh. 40c English Breakfast Tea, our price 2J lb. Iced Tea weather. While many teas are fairly palatable when steeped, good teas alone produce an entrancing cup when iced. The Better Quality Teas like Orange Pekoe, have no such acrid, herby taste as the Inferior sort, and Icing makes or unmakes a tea. Regular 75c quality (Orange Pekoe) our price 3,ib' 50 lbs. Perfection Flour for tlAQ The Flour that makes the lightest, daintiest, and most delicious bread imaginable. Fels Naptha Soap, combine price, 4 bars for 25c, our price 5 bars 2o "Damon's Best" Creamery Butter 83c per lb. If you knew how fresh and good this butter is, you would not look further for Butter. Fruits and Vegetables, all varieties, fresh dally. If you cant come to the store and see the many inducements we are offering for you to trade with us. Thone 69 THE C. 0. D. STORE 239 North Liberty ! I MM M. - set up distinctively, tne elements that made up his cause ot action, and If he fails to do so, his complaint should be dismissed." Samuels v. Railroad company, 35 S. C. 493, 501. The rules of pleading do not require that the allegations relating to ex emplary damages should be set out separately from the other averments of the complaint Special damages must be grounded upon separate al legations, but exemplary damages are bo intimately conneciea wun general damages that If the general allegations are sufficient to show the wrong complained of was inflicted with malice or oppression or other like circumstances, the complaint will be suttlclent to authorize the In fliction of punitive or exemplary damages. Shoemaker v. Sonju, 15 N. D. 618, 524. The question then Is, does this complaint contain allegations suffi cient to Justify the Infliction of pun itive damages? It is text book learn ing that an assault is an intentional attempt by force to do violence to court would be authorized to sub mit the question of exemplary dam ages to the Jury. The evidence is ample to show that both defendants Joined In the assault. The evidence of quarrels with the plaintiff in which Mrs. Epler Is said to have en gaged Is merely cumulative as tend ing to show malice on her part and the proof of the assault and the par ticipation of the defendant, John Ep ler therein was sufficient to make manifest such a state of mind on his part. Having Joined in the assault and battery each defendant was lia ble for the consequences resulting therefrom and the evidence Is ample to show they both were actuated by malice from the very fact of their having participated in the assault Consequently, being Joint tort feas ors, each would be liable for dam ages, both actual and exemplary, re sulting from the assault. Relzen steln v. Clark. 104 Iowa 287. The defendants al.o urge that the court erred in overruling their mo tion for a new trail, but as said by the nerson of another and that a bat-1 Justice Moore In First National Bank tery is the actual application to uuch.v. McCullough, 50 Or. 508, .515: "The person of the attempted force and , rule Is Bettled in this state that the violence. The complaint avers that. action of a court In granting or de the defendants not only assaulted . nylng a motion for a new trial is not the plaintiff, but also that they ac- a final order from which an appeal tually applied the threatened vlo-jlies. This principle has so often lence to her person with the conse-, been announced that it is unneces quences mentioned. Ex vl termini, , sary to cite the cases which uphold the term assault advises the defen- the doctrine." The doctrine of that dants that they are accused of a case in that respect is not disturbed malicious and guilty Intent which Is by L. O. L. See 548 as to orders de the basis of punitive damages. Our nylng new trials for that section code, L. O. L., Sec. 798, subdivision only makes appealable orders grant 2, conclusively presumes "a mall- Ing new trials and does not refer to clous and guilty Intent form the de- refusals to rehear any case, liberate commission of nn unlawful The Judgment Is afllrfned. Calapooya Saline The condensed smile of Cala pooya Water. Stomach, liver, kidney and blood disorders speedily cured by its use. All dealers, or sold direct HOTEL CALAPOOYA Famous health resort In the Calapooya mountains, 12 miles from Cottage Grove, (on South ern Pacific). Splendid accom modations, reasonable rates. Steam, mud and hot water baths and cooling rooms. In formation as to rates, etc., will be furnished upon request. Calapooya Springs Co. Cottage Grove, Oregon. ft X- "ptvA HI MM 110 MM ItRRII Feature Art at III lit h 4 Vacation Time ! Before going on your vaca tion see our large line of Mountain Boots and Shoes for coast and beach wear and everything in footwear to make your trip a pleasure i! REINH ART'S I Shoe Store t Opposite Bly's Theatre. 444 STATE STREET