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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Jan. 10, 1912)
. DAUT CAPITAL J0CB5AL, SALEM, OREG05, WEDNESDAY, JAM'ARY 10, 191 fACl TTTK. THE NEVER UNDERSOLD STORE i I JL Men's I y Suits BOYS' SUITS and OVERCOATS 25 per cent less exact, "that all Is river, or river's bed, which Is contained between the two banks, and the high water line on them; and all is bank which em braces the waters In their ordinary full tide." ' - - j This most valuable state paper contains further Information to the effect, that in the Roman or civil , law, the channel or hollow contain ing the river was distinguished ns the bed and the bank, the .river itself being water; thus, alveus, aqua et j ripa, the bed, water, and bank. All above high-water mark, the Roman law considered as rlpa, bank, and all below as alveus, or bed. This dis tinction appears In the English law. with this addition, that the bank or j margin of the bed of the river, which j lies Deiween me nign ana low water marks, is called the beach or shore. There Is a difference between the banks of a river and the shores of the sea. The river bank is not subja cent to the river, as are the shores of the sea, which are daily occupied ; by Its accesses In the tide flow. In our rivers, the beach or shore is the actual, as well as the nominal bed of the river. When the river is at Its full flow, be that by the daily flow of the tide, or by the natural increase of Its waters, occasioned by rains, floods, and the like, Oiling its natural ii CLy LESS REAL ESTATE BULLETIN E. HOFER & SONS INVESTMENTS ROOMING HOUSE FOR SALE Rooming house paying about $50 a month over all running expenses. This business with furniture and fix tures complete can be had for only $500. It will pay for itself in less than a year and can have it for $300 down and balance to suit. Furni ture cost over $700 when bought last Fall. No. 85. Five room modern bunga low with furnace. Just completed and strictljr up to date. Close in. Can be had for $400 down and bal ance at $20 a month. No. 10S. Eight-room house and property 116x136 feet, on car line; house only three years old and re painted last summer. All asseements paid. Price $1500. No. 98. New 6-room modern cottage on good corner for $2509. A new five room house and large lot in Nob Hill Annex for $700. $300 down. E. HOFER & SONS 213 S. Commercial Street Values to $17.50 now 85 SWEATERS $3.00 values $1.98 $1.50 values '98c Men's Golf and Negligee Shirts, $1,25 values, 98c bed to its highest reach of flow, it thus marks Its high-water, while its lessened range of flow by summer heats shows Its low-water mark. (See Houck on Rivers. Sec. 7.) The bank may be rightly defined as that line or ridge of ear'h which contains the river, holding the natural direc tion of Its course. But if at any time, either from rain's or other cause, it has overflowed for a time that line, it does not by such overflow change Its banks, for the reason that the overflow is for a time only, while the natural flow is more or less con stant (Houck on Rivers, Sec. 8.) In 1. Words & Phrases, p. 99, we find this definition: "Accretion is the imperceptible accumulation of land by natural causes, and the owner of the property to which the addition Is made becomes the owner of sucb ground, as, where land is bounded by a stream which changes its course gradually by alluvial formation, the owner of the land still holds the same boundary, Including the accumulated soil." Citing Inhabitants of New Or leans v. U. S. (10 Pet) 662, 717, 9 L. Ed. 673. It is the law, as settled in this state, that where a stream Is Intend ed to be meandered by public sur veys, the stream and not the actual meander line as ra on the ground. 1 ALMOST AJT ACRE. No. 105. Nearly an acre just few steps off carline. Five room plas tered cottage. Large barn and chick en house. Inside city limits in growing district Price, $2700. TEJf ACRES Ten acres of finest level deep black soil. Every foot cleared and In cul tivation. Only 2 miles from cen ter of town, and about one mile from city street car. Price, $225 per acre. Will give very liberal terms. FIT E ACRES. No. 69. Five acres near street car, with modern five room house, barn and good well,, family orchard and 100 small fruit trees; $2500. FORTY ACRES. No. 102. Forty acres finest fruit land about five miles south of Salem on good rock road. All cleared and cultivated except about eight acres of timber ad pasture. $150 per acre. We have a very nice well located half of new modern double house for rent for $35. MEN'S SUITS AND 1-4 to 1-2 Less Nothing Reserved ALL WOOL BLANKETS $7 and $6, sale price $5.25 is the true boundary of the riparian owner, Johnson v. Tomlinson, 41 Or. 198, 200, citing Minto v. Delaney, 7 Or. 337; Weiss v. Oregon Iron & Steel Co., 13 Or. 496; French Live stock Co. v. Springer, 35 Or. 312; see also Bowlby v. Shively, 22 Or. 410; and Taylor Sands Fishing Co. v. State Land Board, 66 Or. 157 at p. 161, where in Mr. Chief Justice Moore defines high-water mark and quotes with approval from the case of Fow ler v. Wood. 73 Kansas, fill. K49 fxs Pac. 763, 776: 6 L. R. A. (N. S.) 162; 117 Am. St. Rep. 534. "It is not nec essary to give a formation on the bed of a river a specific name in or der that proprietary rights may at tach to it. In many states lands to tally or partially submerged are made he subject of grant by the sov ereign in order that they may be re claimed for useful purposes. Islands that arise from the beds of streams usually first present themselves as bars. Before it will support vegetation of any kind, a bar may be come valuable for fishing, for hunt ing, as a shooting park, for the har vest of ice, for, pumping, sand, and ror many other well-recognized ob jects of human interest and industry. If further deposits of alluvion upon the borders would make it more val uable, no reason is apparent why the law of accretion should not apply." It is contended by counsel for de fendant that the court was controlled solely by the question of vegetation. in ascertaining the high-water mark or the line of demarcation between the land sold. But trom the testi mony as well as from the findings themselves, we are unable to agree with counsel as to this claim. From the evidence, a portion of which has been set forth, the trial court evi dently took into consideration, and in effect found: (1) That this bar is under water from two to four months; (2) That it Is barren sand and gravel by reason thereof; (3) That it is wholly devoid of vegeta tion; (4) That it is from two to nine feet above low-water mark; (5) That it is a permanent bar c insisting for the most part of hard, firm sand and gravel, varying slightly from year to year in its general outline, but the surface thereof changes with the re curring periods of overflow, by the erosion of the surface and the depos iting of the sand, by the action of the floods and currents; (6) That along the line of high-water mark a bank rises abruptly In most places. The trial court also found that the dividing line or high-water mark Is apparent and disce-nible, and consid ered the ordinary high-water mark on the bank, and the ordinary low water mark, the depth of the water, and the rapidity of the stream. The trial judge had a good opportunity to apply the rule above quoted in How ard v. Ingersoll, and to take Into con sideration all the circumstances and all the natural objects In seeking for and finding this line, by the distinct (Continued tomorrow.) DEATH LIST SEVEtJ BUT WILL GROW LATEST ESTIMATE OF DEAD IX SEW YORK FIRE IS 8EYEN, BUT SEVERAL EMPLOYES AKE RE PORTED MISSISG AND ARE PROBABLY IS THE RUIN'S. (united roiaa uumo win. New York,. Jan. 10. Seven men lost their lives In the. Equitable fire ac cording to the latest estimates today. This number likely will be Increased, as the firemen fear that three or four employes of the building, who are missing, perished In the flames. It is impossible to secure an accu rate estimate of the monetary loss, which is variously estimated at from $5,000,000 to $20,000,000. While the building was one of the costliest struc tures in the city, it was small, and was generally regarded by real estate experts as entirely Inadequate for mod ern business use, and particularly when the immediate value of sur rounding property is considered. The loss to the Lawyers' Club alone will exceed' $1,000,000. The condign of William Giblin, president of the Mercantile Safe De posit company, who was rescued more dead than alive from a vault in the building, was improved today. He is now believed to have a good chance to recover. Police Commissioner Rhlnelander Waldo assigned 75 detectives to guard the vaults p.f the financial concerns, which weif: located in the building. On account of the enormous crowd gathered about the scene of the fire it was feared that crooks would pene trate the "dead line" and loot the vaults of valuables. o BUILDINGS ENDANGERED ' BYJQUITABLE SUROUXDIXG BlILDIXGS ARE OR DERED VACATED BECAUSE OF DAXGER OF THE WALLS OF THE BURXED BUILDIXG FALLING AXD CRUSHIXG THEM. photo press uum wiki.1 New York, Jan. 10. Recognizing that there is serious danger of the ruined Equitable Life building walls collapsing at any moment and crush ing the American', National bank building at 128 Broadway, Fire Chief Kenlon at 2:10 o'clock., this afternoon ordered the police t clear the struc ture of all tenants. No one Is permitted to traverse the streets on the Cedar street side of the Equitable building, as the walls on that side are bulging two feet and their collapse is expected momentar ily. . Should the walls tumble down unexpectedly-great loss and damage to the bank building would follow, and the police propose taking no chances of a catastrophe. The falling of the Cedar street walls would precipitate the front walls of the Equitable building Into Broadway. STRANGE FRUIT WAS FOUND OH A LEMON TREE UNITBD PBIflS LKAXin WIR1.1 San Diego, Cal., Jan. 10. Lying In a modest grave in Greenwood ceme tery here today' is the body of J. N. Kalff, son-in-law of Paul Krueger, and a member of a wealthy and prom inent Holland family. Kalff was a globe trotter. Coming here some months ago, he became de spondent, and on New Year's eve went to a suburb and hanged himself to a lemon tree. His Identity and the fact that he had prominent relatives were discovered today. The funeral was held yesterday. . " - Strenuous, Sot Asthetlc '' (UNITBD PURS UUIID Will i . San Francisco, ; Jan. 10. "She chased me a block with a butcher knife," declares Benedict Smith, mu sician, suing for a divorce. "Take it away from her? You don't know her. I got her at Reno. She's not a bit aesthetic." Insect Bite Costg Leg;. A Boston man lost his leg from the bite of an insect two years before. To avert such calamities from stings and bites of insects use Bucklen's Arnica Salve promptly to kill the poison and prevent Inflammation, swelling and pain. Heals burns, bolls, ulcers, -piles, eczema, cuts, bruises. Only 25 cents at J. C. Per ry's. o Kmm murntri ta taka f)r. MBM LaxjlUt TaUata, BOY BURNED TO DEATH III HILLSBORO HOWARD THOMAS, AGED FOUR, BURNS TO DEATH AND HIS MOTHER BADLY BURNED IX FU. TILE EFFORTS TO SAVE 1"W. Fire which destroyed the Commer cial hotel at Hillsboro at 7:30 o'clock Tuesday morning, cost the life of Howard Thomas, aged four, and re sulted In severe injuries to his moth er, Mrs. A. J. Thomas, who made a vain attempt to rescue him. The ho tel was leased by Mr. and Mrs. Thomas, who came here recently from Vancouver, Wash. Matches, with which Howard Thomas was playing, are believed to have started the fire, though his mother says that the blaze may have started from sparks from a stove. Eldest Son Gives Alarm. Clayton, aged six, eldest son of Mr. and Mrs. Thomas, gave the alarm that the hotel was afire. He had been playing with his younger broth er in the family apartments on the second floor. He said that his broth er had lit a matrh and that this caused the fire. When the fire start ed he ran down stairs screaming that the hotel was on fire. Mrs. Thomas was in the kitchen at the time. She ran to the second floor by the back stairway, knowing that Howard was in the alcove. As she opened the door, she was met by a sheet of flame. With her clothes on fire she con tinued to try to force her way Into the apartments whTe she knew her boy was, but by this time one of the hotel patrons and H. Brown, Hie hotel cook, had arrived and re strained her. A blanket was thrown around her, the flames extinguished and she was carried out of the build ing. Body Is Recovered. The body of Howard Thomas was found after the fire in the debris un der the alcove where the boy slept. Of the 17 patrons in the hotel at the time, all escaped unharmed. At the coroner's Inquest tonight witnesses testified that the boy could not have been saved after the alarm was given, as the flames spread with such rapidity. Mrs. Thomas was taken to Portland tonight for treatment for her injur ies. Her parents live there. At the time of the fire Mr. Thomas was in Portland, having left an hour pre viously. The hotel was owned by J. W. Bai ley, Ed Schulmerlch and W. V. Wi ley, of this city, and was built 25 years ago. The loss to the building which was entirely destroyed, Is $4000 , with $1000 insurance. The contents of the hotel were valued at $1500, with small insurance. The ho tel owners announced today that they would erect a new brick build ing on the site next spring. Heat from the Are slightly dam aged the corner of the Wilej livery barn across the street and broke the windows in a brick building nearby. o Old Comstocker Deud. San Francisco, Jan. 10. The funer. al of Thomas H. Rooney, until his death here yesterday, one of the few survivors of the romantic Comstock mining days, took place here today. Rooney was a brother of the late Mrs. James G. Fair and an uncle of Mrs. William K. Vanderbilt, Jr., and of Mrs. Herman O. Elriches. JUDGE FOR YOURSELF. Which Is Bettor Try an Experiment Or Profit by a Salem Citizen's Experience. Something new is an experiment. Must be proved to be as represent ed. The statement of a manufacturer Is not convincing proof of merit. But the endorsement of friends Is. Now supposing you had a bad back. A lame, weak or aching one. Would you experiment on it? You will read of many so-called cures. Endorsed by strangers from far away places. It's different when the endorsement comes trom home. Easy to prove local testimony. Home endorsement Is the proof that backs every box of Doan's Kidney Pills. Read this case: Mrs. W. H. Wood, 733 North 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 excellent one tor kidney and bladder trouble. It has been procured at Dr. Stone's drug store and used In my family with the moBt satisfactory results." 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. Children Cry FOR FLETCHER'S C ASTO R I A MM MM MMMMMMM MMMMMMMMM ig Closing Out hoe In full blast ' , Every pair of Men's and Ladies' j ;j $3.50, $4.00, $5, and $6 Dress Shoes go at $6.00 and $7.00 High-top Boots, f While They Last, at ... . $3.50 Big Line of Rubber Boots in all Sizes Go at $2.95 f THE BIG SHOE STORE TflE CT Xsnoi Y7 255 North :: Commer cial Street v PHONE 262 4MMMMMMMMMMHMMMMMM THE WAY CARNEGIE STARTED. (Continued from rage 1.) How He Started. "In 1862," he continued, "I went In to the plant of the Keystone Bridge works, and there I found a Pennsylva nia engineer who had bull Iron bridges. I saw that the day for wood en bridges was past, and with two or three partners I started manufactur ing iron bridges. I borrowed $1,500, 000 from the Third National Bank of Pittsburg to put In as my share of the capital stock. That was my start in the steel and iron business." Mull Curriers Will Fly. This Is an age of great discoveries. Progress rides on the air. Soon we may see Uncle Sam's mall carriers flying in all directions, transporting mall. People take a wonderful in terest In a discovery that benefits them. That's why Dr. King's New Discovery for coughs, colds and oth er throat and lung diseases is the most popular medicine In America. "It cured me of a dreadful cough," writes Mrs. J. F. Davis, Stlckney Corner, Me., "after doctor's treatment and all other remedies had failed." For coughs, colda or any bronchial affection, Its unenualed. Price, 50c and $1.00. Trial bottle free at J. C. Perry's. o Piles Cured In Six to 11 Days. Your druggist will refund money If Pazo Ointment fails to cure any case of Itching, blind, bleeding or protruding piles in six to 14 days. 50 cents. Children Cry FOR FLETCHER'S C ASTO R I A SAVE YOURSELF! There is no reason why you should always be a slave. If you are desirous of saving yourself or a friend from a drunk ard's grave, you cannot afford to overlook the opportunity offered at the Hpt Lake Sanatorium for the cure of the liquor and drug habit. Hot Lake mineral baths prepare the body for the treatment and then sooth the nerves and actually remove the desire for the liquor or drug. Hundreds of happy homes In Oregon and Washing ton today bear witness to the efficiency of the Hot Lake treatment One week will in most cases effect a cure. Sometimes longer Is re quired, but not often. The best of care Is given the patlentfl. For full Information, address jj Hot Lake Sanatorium, l2"b j WALTER Pres. Sale all this week. Leaders in Fine Footery I MMMMMM BECHTEL ft BYJfO.VS BARGAINS 35 acres of bottom land, Just right for hops, mostly cleared, close to town, a real fine piece of land. Terms can be made. Price $3750. Fine warehose site on Trade street near S. P. switch. 82 V4 by 330 feet. aces two streets and has alley on side. One of the beBt sites in Salem. Price only $5200, all assessments paid. Fine residence lot of Twentieth street near Asylum avenue, close to carline, street and sewer assess ments paid, sidewalk In, large lot 50x 17 J feet to alley, price only $350. This is a real bargain. $2,000 will buy a good Ave room bungalow and barn on a good lot on State street, close in. AH assessments are paid. This Is a rare snap. Good six room house on good lot with large barn In nice location for only $1350. Owner will take lots up to $550 for first payment and the balance $10 per month, 7 per cent. Fine lot on carline In north part of town. Size 50x125 to alley, prk-e only $400. Terms can be made to suit. This Is a good building site. $2500 will buy 20 acres of good land three miles from Salem. This can be had for a very small pay ment and the balance can run over a period of five years. Has running water, good soil, well located, almost all cleared. BECHTEL ft BYN'OX 817 State St Tel. Main 13 J titop your bad breath with Dr. M1I.T Inrntlv Tnhlt. M MM ST. FIERCE and Mgr. HMMMMMMMMMMMMMOMM MM V