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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Nov. 24, 1911)
DAILY CAPITAL JOURNAL. SALEM. OREGON. FRIDAY, XOVEMHER "t, 1911. Why Sniffer? Why not take the famous remedy Beecham's Pills famous the world over for its power to relieve the headaches, backaches, lassitude, extreme nervousness and depression of spirits so many women suffer from, at times. Fortunately thousands have learned that they can absolutely trust Beecham's Pills. Will you also learn to I It MO 1 " . - , ... II 1 Ml m 'J wm W M WW TAKE saw They will apare you hours and hours of suffering. After a few doses your digestion will be better, your liver more active, your bowels regular, your system cleared of the poison that does so much harm. Your nerves will be toned up; your general health vastly improved; your blood made richer and purer. In spirits, in bodily feelings, and in appearance you will be all the better after you take Beecham's Pills. They give the natural assistance you are sure to need at times to avoid harmful complications And Be A Healthy, Happy w m At all druggUU, in boxei, 10c and 25c Fr Bonn1 Beecham'i Pillt an the beil and moil reliable mtdicint. woman mho tahes her htalth and itrength ihoald read tht iptcial directions with every box. EttTJ I x "f H If 5 it ri. n rj r . Jr;r Forty-two Austmlliiu Boyg. AUSTRALIAN BOYS COMING FOR A VISIT SALEM TO PLAY ALBANY TOMORROW t lie same the Australian boys will give an exhibition of their form of football. ' RK IIVI.DNKSS This Treatment Costs I'u lis. Nothing if It We want you to try three large Everything In ready for the big bottles of Kexall "93" Hair Tonic on high school football game, which or Personal guarantee mai we win .... . . . , , refund your money for the mere ask- wlll be lilayed tomorrow afternoon ' , , , . ing If It docs not ?ivo you absolute between Salem and Albany. Itoth HHtlafai.tUm, TUat-P proof 0f our teams have behind them the expert- faitll jn ti,H remedy, and it should ence of the entire season and will indisputably demonstrate that we be able to put up the game of theknow what we are talking about year. The Salem boys have bmmwhtm we 8nv tllut Roxnn -93" Hair playing good ball tlrs year and If Tonic will grow hair except where they can get away from the streak ; i,aniness hns been of such long dur of hard luck that has been following j utlon tllat tho root8 or the hair are Ab them, wiil be able to play the buny boys clear off their feet. Hard work has been the order the past week and the boys are be ginning to really show the effects of the good coaching they have been receiving. The line, w strong all vear, has become a verl- iiidio Bione wan ami iuuuy i' ; trial on need a buttering ram to make yard- 1 entirely dead. We are basing our statements Of nnnn vvlinl linu liliwiriv lippn nrrnni- pllshed by the iu' of Rexall "93" Hair Tonic. We believe that what It has done for thousands of others, it Ich has been ; ...in .1,. fnl. V1 i ,lnv p,.,,t Vmi cannot lc.se nnytlung by giving It a 1 The backfleld Is sizes. age through It strong and fast. Albany has a heavy fast tenia and If comparative scores be taken into account, she has a better one than Salem's. Hut those who lid on Jef ferson high of rortland, and stood on the tips of their toes all during the Tuesday morning. game, only winning In the ':st mill-j I'cndlcton wants moving picture ute of play, and then only by an nc-1 shows closed on i-'niuluvsi. eldent, will perhaps take Into consul- j Portland Hunt dub's minimi horse oration the fact that Salem Is a hard 1 show will be held Friday and Satur- niit to crack, lletween the halves of 'day. our liberal guarantee. Two fiiic and $1.00. Remember, you cm obtain Rexall Remedies In tills coinmnnmty only at our store The Rexall Store. J. C Perry, Drug gist. - o Mrs. Louisa Kisk, n pioneer of Philomath, died at her home there TD Swissco trial on the amended complaint, the same as If no other had been filed. Also in Ferguson v. Ingle, 38 Or. 43, It was considered that by filing an amended pleading by leave of court, the plaintiffs eliminated from the rec ord the original complaint. It is therefore cli'ar that in the con sideration of the uVuiurrer of plaintiff to the new matter in the amended an swer in this case we can look only to the facts alleged in such amended answer. .Many authorities are cited and many questions discussed by the learned counsel in their briefs, which might, possibly arise upon the trial, If Issues were joined by a reply to the amended answer, but until such is sues arise it is unnecessary for the court to consider matters relating to the proof of the facts alleged In the answer which upon the demurrer must be deemed true. As to all such questions, to apply an old saying, it is better to cross the stream when it Is reached. The plaintiff cites the cases of Kdgar v. Golden, 36 Or. 44S, and Ruck man v. Imbler Lumber Co.. 12 Or. 231, 238. Doth of these pases relate to matters of proof upon a trial on the merits, and do not apply to the case at hand. Counsel for plaintiff urge that it was necessary for the defendant to expressly show by the answer that the extension of time for payment of the note was not oral, and that, the agreement to extend was not contem poraneous with the making of the mortgage: they cite Sutherlin v. Bloomer, r,0 Or. 408. in which case a written agreement which was con tained In the record was construed by the court, while in the case at bar, the mortgage in question is not be fore us, and we cannot consider the same. In the case of Kane v. Cortesy, 100 X. Y. 132, a chattel mortgage was given as security in addition to a real estate mortgage in consideration of an extension of time for tiavment. In the op'nion we find this language: "The parol evidence as to the agree ment for the extension of time does not come under the ban of the rule which prohibits parol evidence to ex plain, vary or contradict written in struments. It does not contradict or vary the real estate mortgage. That was past due, and the time or its payment could be extended by any valid agreement. It does not contra dict the chattel mortgage. That is comelete in Itself and was not in tended to embody the agreement. Its j sole purpose was to give the addi I'OltTY-TWO OF THK.M, lF.S ll.ND KXTS OF TIIK I'lOXF.F.KS WHO SFTTI.Kn Al'STItALI.l, .XI SO WITH THE SOX'S OF OICF.OOX IMOXKKKS A..K "1WIOTH KISS A IX." Chairman II. E. Eakin, of the com mittee In charge of the reception to be given the Australian boys, who will be here tomorrow under the auspces of the Salem high school, reports that everything Is in readi ness for their entertainment. The party that will visit Salem is com posed of 4 2 boys, who were chosen by their respective states to matte an educational trip through the United States. The boys landed In San Francisco about two months ago, and, after spending a couple of weeks entertaining that city, went over to Stanford, where they taught the men how to play Australian football, and the women the game of cricket. Since leaving Stanford they have been visiting many of the cities of the coast, to the enjoyment of all who come In contact with them. They are not a troupe of professional players, but a body of amateur enter tainers, whose object is to make a close study of the conditions and the people of the United States. Reports from other clt'es state that the boys are accomplished in many ways. They have aa excellent band of 40 pieces, and among their number are some of Australia's best young Bingers. They are also adapt at reading, and tell many interesting stories of their own country. IVlitla in Gfllam ihn hnva will hp ,' . ; tlonal security. This was an indenen the individual guests of members of j flent a)rrP(inient existing outside of the The way to healthful cooking is to start with Cottokm. Cottolene-cooked food agrees with one because Cottolene contains not an ounce of hog fat it is a vege table instead of an animal product Its wholesomeness and purity are vouched for by Nature. Cottolene is "the fat from the flower." All the country's best cooks Mrs. Mary J. Lincoln, Mrs. Sarah Tyson Rorer, Mrs. Helen Armstrong, Marion Harland, Lida Ames Willis, and a dozen others of national reputation recommended Cotto lene in preference to lard or any other medium for frying and shortening. Isn't the testimony of such experts worth something to you? You can afford to pay a few cents more per pail for Cottolene, because it goes one third farther than butter or lard. Made only by THE N. K. FAIRBANK COMPANY Listen to theTlan who Knows" ht- - I STKAIX TOO GREAT. Hundreds of Salem Renders Daily Toll 11 Burden. Find The hustle and worry of business nun, The hard work and stooping of workmen. The woman's household cares, Are too great a strain on the kid neys. Backache, headache, dizziness, Kidney troubles, urinary troubles follow. A Salem citizen tells you what to do. Mrs. V. H. Wood, 733 X. Front street. Salem, Oregon, says: "Al though I have never had occasion to use Doan's Kidney Pills myself, I know that 'this remedy Is an excel lent one for kidney and bladder trouble. It has been used In my fam ily with the most satisfactory re sults.' For sale by all dealers. Price 50 cents. Foster-Mllburn Co., Buffalo, Xew York, sole agents for the United States. Remember the name Doan's and take no other. the high school who will thus have a chance of a close acquaintanceship with the coming statesment of Aus tralia. Each will endeavor to learn of'the other country, with a mutual benefit from the conversation. The boys will arrive in the city to morrow afternoon and will g've an exhibition of the Australian form of football between the halves of the Salem vs. Albany football game. o OREGON SUPREME COURT DICISIOHS (Continued from Page 3.1 fix emeay Grows Hair, Restores Gray or Faded Hair to Its Original Color and Stops Dandruff and Scalp Diseases. 25c Bottle Free to Prove It. J. U Stay lfW, A L ' ,111 wmwmmmiwi9mMmim i rtil.n7fw'tt -wwa tmi rn.iii.ii ii'i,Mii,r .i..y..nii..i 1.111 11 ..n....li,ii 1 mi. mi, n, the counsel for defendants, not desir ing to plead further, entered n judg ment in favor or pbiintiff. The only question for the determination of this court, is in regard to the sufficiency of the amended answer. The plaintiff In an additional ab stract sets out the original answer in the case, and contends that on account of matters set forth therein the ruling of the trial court upon the demurrer was correct. The defendants move the court to strike out the additional abstract as not a proper part of the record. It is also contended on the part of plaintiff that the agreement set forth in the amended answer was made contemporaneously with the mortgage, and counsel nssert that "the principal and ultimate question in the case Is whether the defendant can prove such contemporaneous agree ment to viry or contradict the terms of the mortgage." In our opinion this question of var iance is not before this court and can arise only after issues are joined, in the submission of proof. It was held in Wells v. Applogate, 12 Or. 20S. that "by filing the newt answer the former answer was in ef fect withdrawn, and all motions and demurrers relating to It accompanied it." In Slemmcns v. Thompson. 25 Or. 2ir, Mr. Chief Justice Lord, in a con cise discussion of this question, at page 219. used the following lan guage: two mortgages. It was the occasion or condition inducing the giving of the chattel mortgage, and no rule of evidence was violated In allowing it to he proved by parol." This Indi cates that the agreement for the ex tension of time may be made verb ally, independent of the mortgage and not contained therein. Alter a bill or note has been eveerted and deliv ered, it is a subject of contract like any other property or chose in action, I and the time for payment may, by an I oral agreement, for a valuable consid I eiatinn be extended to a definite date: I I l!"ile! Xeg. Inst. ( cd.) sec. ir.7; jl Greenleaf Kv. sec. 304: 4 Am & j Kng. V.nc. Law. (2 ed.) 1.14; Lazelle I v. Miller. 40 Or. nil); Revnohls v. Uar i nurd. 111. App. 21S; Grace v. Lvnch I1' V ! 1fi; M-.-ers v. Bank of Fair- ' !'iy, 7.S 111. 2."7. " .t strictness is applied in con-s-.rting a plea In abatement. An an swer wh'cli alleges the making of a subsequent agreement based upon a sufficient consideration, extending the time for payment of a note, and also that such extended time for payment has not yet expired. Is sufficient and not demurrable, unless It appear from the answer that a default has been made subsequent to the making of the agreement: 1 Enc. of Pleading and I'ractlce. 23, note 2. citing Eby v. Ryan. 22 Neb. 470; see also Commer cial Hank of Tacoma v. Hart, 10 Wash. 303 (3S Pac. 1116); Jones on Mtge. (4 ed.) sees. 1190, 1191. In the case at bar the answer al leges that after the execution of the note sued on. a contract was made by the parties based upon an indepen dent consideration extending the time for payment of the note until October 19. 1911, which if true would consti tute a defense to plaintiff's complaint until that time: Fisher v. Stevens, 143 Mo. 1 SI. !t follows that the mat ter of diminution of the record is j immaterial. The judgment of the lower court is therefore reversed and the cause will be remanded with Instructions to over rule the demurrer to the amended answer, and for such further proceed ings as may be proper, not inconsis tent herewith. AH the good qualities of Ely's Cream Balm, solid, are found in Li quid Cream Balm, which is intendea for use in atomizers. That it is a wonderful remedy for Nasal Catarrh Is proved by an ever-Increasing mass of testimony. It does not dry out nor rasp the tender air-passages. It allays the Inflammation and goes straight to the root of the disease. Obstinate old cases have yielded in a few weeks. All druggists, 75c, in cluding spraying tube, or mailed by Ely Eros., 56 AVarren street, New York. Morris' Avenue Cash Feed and Grocery Store Corner Morris Avenue and Fair Ground Road PH0E MAIN 1197 5 gal. Kerosene (bring can) 63c Nice Sugar Cured Hams, lb 17c 14 lbs. best Cane Sugar $1.00 5 lbs. best White Beans 23c Nice Sugar Cured Bacon, lb 17c Nice Sugar Cured P. N. Hams 12c Two 1-lb. papers A. & II. Soda loc 2 lbs. best Tillamook Cheese 35c K lbs. Albers Cream Rolled Oats 25c 10 lb. sack Corn Meal 25c 11 bars Crystal White Soap 50c 11 bars Sunny Monday Soap 50c 11 bars A. B. Naptha Soap 50c I have the best 25c Coffee in Salem. Perfection Flour, sack $1.10 Highland Blend $1.25 Yakima Best $1.35 I will pay your street car fare on $3.00 or over purchase Come and see me; I will save you money. FREE DELIVERY MM A Mail farrier's Load. Soems heavier when he has a weak back and kidney trouble. Fred Due- hren, mail carrier at Atchison, Kas., says: "I have been bothered with kidney and bladder trouble and had a severe pain across my back. When ever 1 carried a heavy load of mail, my kidney trouble increased. Some time ago, I started taking Foley Kid ney Pills and since taking them I have gotten entirely rid of all my kidney trouble and 'am as sound now as ever." Foley Kidney Pills are tonic in action, and quick In results. Try them. Red Cross Pha-macy (H Jerman). o Klamath county had this year the largest crop of grain in its history, but it is only a microbe of future crops. E. HOFER & SONS Investments, Loans, Real Estate INSURANCE We write fire. Life, Accident, Liability, Automobile, Bonds and All Branches of insurance. 213 S. Commercial St Phone 82 The free 'J.V hut lie f "SwIsmhV lliilr Hint Ki'lp ItiiiH'dy, If lined ii itlreeleil. will hhIiiiiIhIi you. It In 11 NKW liKMl'.l'V. the intent mill bent prepinnlleii known, li Is the O'huII f ver 'f hiveHilmithiii ami lenenreh Intii the lenwm why mi ninny u the hlr pieiiuinllunii hnve fnihil III the puHl to do (he work demanded of them. It In marveloim In ItH aellnii and thoon riula have received permanent eurea Jtmt from the fie hot tie w gave them for the nuking. Heoaime you mar not have wived i'v relief I nun umethliig you have tried don't tie fuolkh enough to condemu every thing else. Von Mill he (Witty benefited liy the free hot lie we give yu. "SwWm'o mi otntn and Jl.Ufl a bottle la for mile and reeoimueiuleil hy all drug ami department juarea. All who wish, thnt hare not tried Swlaaeo ran nine n nee ic Dottle prepaid ou reeetpt of 111 cents In Htampn or allver, to help cover eipfune of pinking, etc.. hy mlilrexsliii! direct 1 tn the S'i Hair Remedy Co., 4Mfl 1. O. Sipiare, Clnclu nail. Ohio. J. C. ferry. 113 South Commercial utreet. Is your husband cross? An irritable, fault finding disposition Is often due to a disordered stomach. A man with goo.l digestion is nearly always good liatured. A erpnt miinv hava hpon Ordinarily, when a pleading j permanently cured of stomach trouble Is amended, the original pleading ceases to be a part of the record, be cause the party pleading, having the power, has elected to make the change," and alter mentioning that if t'.ie facts set up as a defense In the return to the first alternative writ were considered the result would be different said, "we must look, there fore, to the facts alleged In the amend ed writ, which by the demurrer stand admitted, to determine whether the plaintiff shows himself entitled to re lief by mandamus." And In Hume v. Woodruff, 26 Or. 373. this court held that If the plaintiff is. allowed to amend and does so, the demurrer thereto ceases to be a part of the record for the purposes of the trial and the cause Btands for hearing ot by taking Chamberlain's Tablets. For sale by all dealers. 0 V Burglar's Awfnl Deed may not paralyze a borne so complete ly as a mother's long Illness. But Dr. King's New Life PU19 are a splendid remedy for women. "Thev gave nie 1 wonderful benefit In constipation and female trouble, wrote Mrs. M. C. Dunlap of Leadill, Tenn- If ailing, try them. 25c at J. C. Perry's. o Journal Want Ads Bring Results HOW'S THIS? We offer One Hundred Dollars Re ward for any case of Catarrh that can not be cured by Hall's Catarrh Cure. F. J. CHENEY & CO., Toledo, O. We, the undersigned, have know F. J. Cheney for the last 15 years, and believe him perfectly honorable in all business transactions, and financially able to carry out any obligations made by his firm. Waldlng, Klnnan & Marvin, Wholesale Druggists, Toledo, O. Hall's Catarrh Cure Is taken inter nally, acting directly upon the blood and mucous surfaces of the system. Testimonlalsssent free. Price, 75c per bottle. Sold by all druggists. Take Hall's Family Pills for consti pation. o Beginning Sunday, the Portland street railway will run a car on each of Its lines from the terminals to the end of the lines at 1:30 every morn ing, except Mondays. o Conghing 11 1 "iirht. Means loss of sleep which is bad for the children and hard on grown per sons. Foley'1 Honey and Tar Com pound stops the cough at once, re lieves the tickling and dryness in the tbroat and heals the inflamed mem branes. Contains no opiates and is best for children and delicate per sons. Refuse substitutes Red Cross Pharmacy (H. Jerman). CAPITAL GARAGE! 51 v : TICK BROS., Proprietors Storage, Repairing, Supplies. We carry in stock Goodrich Tires, Prest O Lite Tanks, Ever-ready Batteries, Weed Chains, and a full line of Auto Supplies. Agents for Locomobile, Ohio, Hudson, Oak land and Elmore Cars. Call for catalogues and demonstrations. 173 South Liberty Street. Tlione Main MM I When at Portland Go to the BOWERS c S. K I ii w ti Si hi ZM rr mrr r if ! t'Tii n ih i ! it 1 . m m o xu m en - Rates $1.00 up. Break fast and lunch 50c. Din ner $1.00. Also a la Carte service in grill. One block from Oregon Elec tric on 11th and Wash ington streets, Salem people cordially invited to make our house their headquarters. t F. P. WILLIAMS, formerly with Marion t - CHIIdrwn cry FOR FLETCHER'S CASTORI A ii ii (i iji i mti sin 1 n ii ii PIES for backache, rheumatism, kidney or bladder trouble, and urinary irregularities Foley Kidney PilU are tonic in action, quick in results. Refuse substitute RED CROSS PHARMACY.