The evening news., February 21, 1917, Image 1

THE
EVEN
MO NEWS
THE WEATHER
Rain and Warmer.
Highest temp, yesterday 43
Lowest temp, last nlght...34
With Malice Toward Nod
Wltb Charity (or All
With Firmness In the Right.
VOU VIII.
ROSLBUKQ, DOUGLAS COUNTY, OKKGOV.WKONESUAY, rEllltlAllY 21, 1917
No. 40
OF
Supreme Court Modifies De
cree in Prominent
Local Case.
SUIT OF LONG STANDING
Property in Question Is Valuably
and Located at the Corner
of Washington and Jack
son Streots.
An Important decision was hand
ed down by the supreme court yes
terday morning in the case of Simon
Caro, et al., appellants against H
Wollenberg, respondent, appeal from
Douglas county, Judge Calkins. The
suit was to compel a mortgagee to
account for net income accruing
from real preperty. The decree was
modified by Justice Bean. Attorney
J. O. Watson was the attorney for
the appeallants and Attorney Dexter
Rice attorney for respondent.
The complaint before the supreme
court declared in substance that oh
July 22, 1899, the defendant, as
mortgagee, took possession of some
premises for the purpose of collect
ing the rents from said property and
applying the same upon a mortgage
Indebtedness of $16,610.00 owing
by Simon Caro and Isadore Caro to
the defendant, and has ever since so
remained in possession of said prop
erty and collected rents therefrom.
It is claimed that in 1910 the plain
tiffs demanded a settlement concern
ing the monetary matters between
them and the defendant and that
they offered to pay any balance thus
found due him and that the latter re
fused to account. They charged that
he has received as rents, Issues and
profits of the real estate more than
enough to pay his debt and all taxes
thereon and that ever since that date
they have been willing to pay any
amount found due the defendant
lknin an anPAiintlnir. Th fllntnflfTfl
therefore asked for an accounting
and a redemption.
Here follows the allegations con
cerning the Indebtedness: "That the
principal sum due the defendant
from the plaintiffs, Simon Caro and
his brother, the said Isadore Caro,
since deceased, on the Mist day of
August, 1S99, was $16,610.00, that
the Interest accumulating and ac
cruing on said principal sum from
that date until the, first day of No
vember, 1914, aggregates a total
sum of 119,980.34." He claimed
for his personal supervision of the
property during the occupancy the
sum of $1830, and declared that aft
er deducting the total amounts of
rents and profits received from the
property since August 1899, there
was due him from the plaintiffs the
full sum of $18,906.23.
The following Ib quoted from the
court decision: "Under the proce
dure proved by a number of authori
ties we have computed the interest
at eight per cent per annum with
yearly rents applying as partial pay
ments, the net income of the prop
erty each year, closing the calcula
tion of Interest at January 1, 1910.
as that Is the law" of the case on ac
count of the defendant not having
appealed. The result is that the
amount due January 1, 1910, was
$14,810.62. Prom this we deduct
the net returns accruing between
that date and December 1, 1914,
mounting to $7586.35, leaving a bal
ance then due In the sum of $7,
224.17. This closes the account as
of that date and owing to the length
of time since elapsing, amounting
to more than two years it is neces
sary that the case' be returned to the
circuit court with a decree as thus
modified for a supplemental account
bringing the transaction down to the
date of hearing. The decree of the
circuit court will be modified as In
dicated, but otherwise affirmed, with
costs and disbursements In favor of
the plaintiffs, Simon Caro, et al."
' This case has been in the courts
for several years and several decis
ions have been rendered in regard
tn It. The decision just rfmmreu
will probably reduce the amount
due Wollenherg from Caro by sev
eral thousand dollars.
"MY TRAVELLER'
The first "suit case search" since
the "bone-dry" law went Into effect
was mane last evening about 5:30
by Sheriff Qiimo, Marshal Williams
and Constable Church on lower Cass
street. The officers were passing a
.clear store that is located In that
- section when the- noticed a strang
mt standing oh tue edge of the crub
with his suit case near the building.
Sheriff Qulne walked over toward
the suit case and eyed It lusplclous-
.
The jury In the case of the
Western Butchers' Supply Co.
against L. B. Martin, today
brought in a verdict tn favor of
the plaintiff allowing $100 in-
stead of $175, the amount ask-
ed for. The case was one in 4
which the company was seeking
to collect for the purchase and
Installation of an icing machine.
Attorney C. Fl Hopkins repre-
sented the plaintiff and Wim-
berly & Neuner the defense.
ly for several minutes. He then
picked it up and weighed it care
fully In his hands. The stranger
wheeled around and said, "What'B
all this forY Quine answered, "It
looks like it might contain some
booze." The fellow feigned sur
prise and said, "Well if that's the
case, why don t you search It?" The
three officers Immediately took pos
session of It and entered the cigar
store, followed by a number of people
who had congregated to ascertain
the excitement. The sulticase was
opened and after a few protests by
its owner, the bottom was reached
also a part of a bottle of whiskey.
The officers drew It forth and after
making sure it was whiskey, made an
attempt to find out where he had
purchased It. The Btranger was
shrewd, however, and skillfully-protected
the "bootlegger" from- whom
he had bdhght the goods.
The DfflcorB then became tender
hearted and not wishing to. deprive
the "stranger within our gates" of
his small quantity of "Are water,"
replaced it In tBe suit case and al
lowed him, to go. He quickly made
his way toward the depot and board
ed the southbound train.
' The officers, anxious to see that
he did not remain In this city, fol
lowed him and a few moments after
the train had departed they saw a
well known "vender" whowas slight
ly under the effects of his "goodB."
They accosted him and asked him
several questions, some that were
pertinent and had to do .with his
"business". He denied selling any
"wet goods" to a "red faced" strang
er, but was not skillful enough and
by the time the officers were through
with him he was slightly embarrass
ed. He told them to leave him alone
as he could walk as straight as any
one and when he was requested by
Constable Church to prove it he lit
erally "fell flat."-
The officers are on the lookout for
all violations of the liquor law and
it is' thought that several will be
prosecuted In the near future.
HENRY HARTH MAKES
A BIG BtlY TODAY
Henry Harth, manager of Harth's
Toggery, today closed a deal with
W. H. Fisher, the local dry goods
merchant, whereby the former takes
over the complete and modern line
of gentlemen'B furnishings carried
by Mr. Fisher. Mr. Harth, realiz
ing the market conditions today for
staple merchandise, the prevailing
prices being extraordinarily hiijh
with no possible chance of a de
cline, and Mr. FlBher being desirous
of devoting his entire establishment
to ladles' furnishings, was the fac
tor that brought about the sale,
which Involves a sum of five thous
and dollars, putting Mr. Harth In
possession of a good line of mer
chandise bought at' a time when
prices were normal. The line of
goods purchased will immediately
be moved to Harth's Toggery for
disposal to the trade, and arrange
ments are today being made by Mr.
Harth- to accommodate this consign
ment of goods In his store, which
will be quite a task.
RETURNS HERE TODAY
County Surveyor M. B. Oermond
returned this morning from the Can-
yonvllle district where he has been
surveying and making road changes
for the past few days. He returned
here to attend the Kellaher-McCahe
trial which is lu progress in the
courts. He will return late this
evening to Canyonville where he will
continue his survey work.
A number of substantial improve
ments are being made on the roads
between Canyonville and Tiller, ac
cording to Mr. Germand and mony of
the steeper grades are being lower
ed. Several dangerous curves will
also he eliminated and it is thoug-it
that Dy the end of the summer all
the worst part will be finished.
Among those wnlch are obtaining
more attention from the surveyor are
the following: The Thomas hill, the
Fenn hill, Joe Wright hill, Jackson
grade, and several other steeper
grades, that are without a name.
FINDS FOR PLAINTIFF.
. BLAKELEY
Death Occurs After Several
Months of Failing -Health.
OF' NOTED ANCESTRY
Was Lineal Descendant of Jonathan
1 Carver, Who Was First to Take ,
, Back Word of Oregon,
and Who Named It.
Mra. F. J. Blakeley, passed peace
fully away al 5 o'clock this morn
ing at her home on Mosher street.
Ill health has kept her confined to
her home the greater part of the
time for several months, although
during the past few days she has
been feollng . greatly improved and
only recently attended a meeting of
the G. A. U. and Women's Relief
Corps of which she was a member,
MRS. FHKI) J. HI.AKKLKY.
and entertained those present with a
number of beautiful vocal selec- -I
The deceased was .born at Toledo.
Ohio, in the year 1866, the daugh
ter of Dr. and Mrs. W. W. Jones.
coming from one of the oldest and
most prominent families. She was a
lineal descendant of Jonatnan Carv
er, the man who gave thlB state the
name of Oregon, and who was prom
inently connected with alL of Its
early history, having been the first
to take back to the colonies In his
expedition of 1766, the word that a
great country lay beyond the Rocky
mountains.
Another of her direct ancestors
was Captain Israel Jones, who came
to this country on the Mayflower.
Her great grandfather, Whitmore
Knaggs was the Indian agent in
early days a( Detroit, Mich., and it
was he and General Lewis Cass, who
were the two agents of the govern
ment to negotiate the well known
Chicago treaty with the different In
dian tribes of that section of the
then thinly populated territory.
Mrs. Blakelcy's father, Dr. W. W.
Jones, of Toledo, Ohio, served sev
eral terms as the chief executive of
that city and although the city was
always known as a republican strong
hold and Dr. Jones was firm In his
democratic political belief, so ' great
was the confidence of the people In
his honesty and integrity, that he al
ways carried the elections at which
he was a candidate by i large ma
jority. The greatest sorrow of Mrs. Blake-
ley's life came at the death of her
daughter. Adeo, who wasMlrowned In
the North Umpqua river In the sum
mer of 1910. ThlB Bad occurrence
cast a shadow over her life from
which she never fully recovered and
which In a way added to her condi
tion of ill health, her strength hav
ing gradually failed since that day
Not only did the accident affect
rs. Blakaley, but it cast a gloom
over the entire community and so
great was the wave of sympathy foi,
the bereaved family that the straw-'
berry carnival which "was to have
begun on tho day of "the funeral
was almost abandoned. The funeral
was held at the Elk's temple and
was one of the largest ever held In
this city.
Mr. and Mrs. Blakeley were mar
ried In the year f882 at Toledo,
Ohio, coming to Roseburg nbout ten
years ago. From the union three
children were born, one son and two
daughters. The son Is now located
at Pittsburg, Pa., where he Is one
of the leading attorneys. The living
daughter, Grace, is the wife of Harry
HlldelTurn, or Koseburg.
Mrs. Blakeley was an accomplish
ed musician, both in vocal and In
strumental music and this talent was
used to brighten many festive oc
casions at which she ws In attend
ance. As a mcmlier of the Women's
Relief Corps she found a great pleas
ure In the work of the organisation
and was dearly loved by all who were
associated Vlth her.
In the death of Mrs. Blakeley
Roseburg suffers deeply for she was
V' 1
MANY RETURN TO SCHOOL.
About half the number of
.
students who were yesterday
taken from, the Benson school
on account of having been ex-
posed to 'measles .Vera today
allowed to return upon the pre-
sentatlon of doctors) certificates
or affidavits to the effect that
they have had the disease. Sev-
eral new caBes of measles were
reported .o the doctors and
health officers today and they
are being placed under quar-
antlns. The epidemic Is wide-
spread and Douglas county con-
tains a number of the cases.
.
one of Its most prominent workers,
always ready to take her place in
any duties for civic Improvement,
anxious to encourage any good work
by cheerful service and hearty sup
port. To her charitable nature,
many families owe their present
condition, while sha was always
reaching out a helping hand by her
own personality and words of com
mendation to spur on to greater ac
complishments. In the loss of this
exemplary character, the city sor
rows and the sympathy of the entire
city is offered to the bereaved rela
tives. S. P. AGENTS WILL '
VISIT SOUTHERN ORE.
Roseburg will be visited next week
by a party of Southern Pacific
agents from Texas, who are on one
of the educational tours in vogue on
that system. The party includes L.
Dismuke, Dallas; Texas; T. J.
Shields, Waco, Texas; C. E. Blake
man, Galveston, Texas: T. L. Cleve
land, Beumont, Texas; D. R. Owen, !
Salt Lake Cltjf Utah.
The agents .will visit in Portland !
over Saturday and during their stay
will visit many of the points of
scenic Interest near that city. On
their trip into southern Oregon they
will visit several other I ties be
sides Roseburg which will Include
Eugene, Grants Pass,. Ashland and
Medford.
,The object of the company's edu
cational .tours' Is to Increase the ef
flclency of its agents by giving them
first hand knowledge of the system.
At about two-month periods a party
of the Pacific northwest agents Is
sent east over the Southern Pacific
system. This plan has been In op
eration about a year, so that ulti
mately each man In charge of a i.en
eral agency will have an Intimutc
knowledge of all points on the sys
tem.
ARRIVKS AT SANTA FE.
: Word received here today states
that Harry Cilkeson and wife, who
recently lent his city fox Santa Fe.
New Mexico, have arrived safely and
he will soon enter upon his new
duties ae chauffeur for the governor
of that state. Mr. Gllkeson snys that
he wouldn't give ten feet of Oregon
for all the country that he passed
through on the way there, but he
likes New Mexico very well. The
weather at that place Is extremely
cold at present and snow storms are
prevalent
WILL VISIT HERE.
A number of Invitations have been
Issued by the local carnival commit
tee to commercial bodies In dif
ferent parts of II y - state asking
them to be present at the ninth an
nual strawberry carnival which will
be held In this city In May. It Is
thought that a number of these or
ganizations will be present and that
during the festival several drill
teams will make visits here.
At the meeting of the Lane Coun
ty Credits Association In Eugene
last Monday evening, a resolution
was Introduced calling upon the
president of that organization to ap
point a committee to work In con
junction with the similar com
mittee from the chamber of
commerce to further the project of
arranging an excursion to Roseburg
on Eugene and Portland day, May
19. A large delegation will no doubt
make the trip here as a result and
they can be assurred of a royal en-
entertainment.
The committees of the carnival are
also arranging a number of other
features and It is their plan to make
It a state event. .
NO OOI'HT TOMORROW.
. . - .
As tomorrow Is a legal holl-
day court will be adjourned
until Friday morning when the
next Jury will be summoned,
No .further criminal cases are
to k-e considered and It Is ex- 4
peeled tbat the Jury will be
charged Saturday.
Submarine Warfare Will Bring
(Great Britain to Terms
,'is Alleged.
MUST KEEP HANDS OFF
German Official Asserts That Inter
ference With Imperial
Policy Will Not lie
Tolerated.
BERLIN, Feb. 21. (via Sayville.)
The official 'press bureau an-,
nouncements this morning state that
a crowded Italian transport, two arm
ed steamers, an Italian merchant
man, the French froighter Moven
tuux and the French schooner Ap
prodlte, were submarined in the'
Mediterranean. The news bureau
declared that the real successes of
the submarine fleet were unobtain
able until such time as the divers re
port to the admiralty., In address
ing the German agricultural council.
Treasury Secretary Helterrlch said
that the submarine warfare inaugu
rated by the government was a great
success, and victory was finally cer
tain: Hs asserted that Gormnny
would allow nothing or any nation
to wrest . victory from them. He
said that British navigation was al
ready depressed to the danger point.
American Liner Sails,
NEW YORK, Feb. 21. The big
13,000 ton American freighter Mon
golia sailed from New York today.
Shortly after her departure the
American merchantman Algonquin
followed, both bound for London.
These are the first United Statos ves
sels to leave Now York enroute to
British ports since the submarine
warning. , As precautionary measures
they both had painted In huge letters
on their sides the ship's name and
registry. rf
SPECIAL ROAD TAX
IT
Decision In a case Involving a spe
cial road tax levy that was voted
three years ugo, waB obtained In the
circuit court here last week. The
case was filed by Lee Love to pro
vent the collection of a spocinl tax.
and has hung in the courts ever
slnce. John Long, acting as attor
ney for the plaintiff, finally got the
matter to trial, and Judge Hamilton
ruled In favor of Lovo. It was held
that the road meeting was Illegally
called, that Illegal votors cast their
ballots In favor of the special levy,
and It was also alleged that a cer
tain road was not contained in the
boundary of the district, or that it
was not accepted by tho county at
the time the tax was vd",od and the
suit tiled. In rendering a decision
Judge Hamilton sustained all the al
legations of fact in the complaint,
excepting that of boundary.
The suit was first Instituted, it is
alleged, because certain sections or
tho rond In the district, which were
stated to be in very had condition
both winter and summer, were refus
ed any attention, but all . of the
funds raised .were spent In the west
ern part of tho district, to tho det
riment of the river bottom rondwny.
It was stated that If funds would be
properly distributed, there would be
no opposition to tho levy. ITnahlo to
agree In the matter, the suit result
ed and final adjustment has beon
secured. The special levy cannot
bo collected.
It Is said that the decision Involves
other road tax levies In the county,
where notices of meeting havo nol
been properly posted and affidavit
thereto made by the supervisor, or
Where parties not freeholders- have
voted at road meetings.
JUDGE SAYS ROADS
WILL BE PROTECTED
"We will close up every grnvol
plant In the state If neccssnry to
protect our roads,' said County
judge Marsters this afternoon In ans
wer to a statement appearing In a
local paper last night that his ac
tion In refusing lo allow auto trucks
to carry more than two tons of
gravel from the plant south of the
city would close up tula business. A
person -would think from reading
that article," the Judge snld "that nil
of the. product was dlsiwsed of In
Douglas county, while the fact Is
that the greater part of It is shipped
away In cars over the railroad. This
carrying of heavy loads over the
highway la tearing them to pieces
IXSPKCTIXa OFFICERS HERE
Lieut. Col. Paul M. KeBsler
arrived on the afternoon train
to conduct the annual Inspec-
tlon of tho local company of
coast artillery and hospital
corps. The officers made exton-
Blvo preparations for the Inspeo-
tlon placing their stores In a
position whore they could be 4
easily examined and making
liBts for ready roference In or-
der to facilitate the examina-
tion.
at a great cost to tho taxpayers and
we will not allow It to continue." ,
Tho judge stated the action wob
not a discrimination against the
truck and that it was not his desire
to Injure any business, but that It
wnB necessary to take precautions
in order to keep the roads in a pass
able condition, and to do this it be
camo necessary to cut down tho ton
nage of the auto trucka,
RICH SALESMAN HOI11IHI)
TACOMA, Feb. 21. R. Welnsteln,
a Portland, traveling Balesman, rush
ed Into the police atntton here and
asserted that while he was Bleeping
In a day coach come one slashed his
pocket with a knife and stole a roll
of bills amounting to $6,000.. The
alleged robbery occurred on a North
ern Pacific train. Officers searched
the train but no trace of the missing
roll was found.
SAFE EXPERT AC- 1
COiPLISHES TASK
L. L. Hendricks; proprietor of the
PoUyauna, audi who by "the way Is ft
safe expert, at a late hour thle after
noon gained entrance to the safe on
which he has been working at the
local snnllorlum, hut it became
necessary to use a drill to accomplish
the task, owing to the fact that one
of the "tumulera" of tho inner lock
had become misplaced. Mr. Hen
dricks had no .trouble working the
combination on the . outer door,
which ho "tapped" tho first thing,
but was unable to open the com
bination on tho inside until he
brought soino tools Into play. He
states the publicity given him in the
matter has already brought demands
from other sections of tho state for
his services. It requiring but a mo
ment for him to unlock the outer
door.
TO
By
LONDON, Feb. 21. Sir Edwnrd
Carson, lli-st lord of the admiralty,
presented beforo the house of com
mons todny his new estimate of the
requirements of tlV British navy.
Perhaps the most Imimrtunt Item was
the request for 400,010 additional
jailors, this number of men being
necessary on account or naval expan
sion. Carson snld that the submarine
mennco was grave, even most Serious,
and still growing. Wlillo the prob
lem, ie admitted was not solved, ho
expressed confidence that these
measures' now being developed by
the navy will grndually mitigate the
seriousness of tho German submarine
situation. It wus announced In the
house of commons that l.ord Fisher,
a former first sea lord of the ad
miralty, had rejoined the nervlco
stuff as president of tho inventions
hoard. It was explained that the
Inventions hoard was a unit of the
antl-submnilne departments. Lord
Carson said that during the first 18
days of unrestricted submarine ac
tivity 6070 vessels had entered the
United Kingdom ports, while (5073
had departed.
An order In council was Issued
lirovidlng that vessels enroute, to
enemy ports must enter allied ports
and submit to an examination or
cargo for contraband of war, other
wise they will be sllbjoct to en nun c
It was explained that tho German
submarine blockade wns the cause of
this order. Cat-son congratulated
the nation upon having Jelllco n
first sea lord.
PERISHING IS NOW IN
WASHINGTON. "Feb. 21. Secre
tary of War linker today appoint
ed General Pershing as commander
of ihe southern division of the army,
to succeed Oenernl Kunston, who
died suddenly yesterday. -
PRESIDENT ASKS
FOR MORE POWER
Crisis May Arrive After Con
gress Adjourns Ready
For Situation.
REAFFIRMS PLEDGE
Turkey Will Stand by Central Pow
era to The Hitter End
lrdlcts Victory
Ovor AUics.
WASHINGTON, Feb. 21. Presi
dent Wilson has practically determ
ined to address congress agala In re
lation to tho German situation. He
will probably do ChiB some time late
next weok. The executive plans to
ask for broad, powers in order that
rights of Americans may be protect
ed after congress adjourns, and he
will advise all belligerents of the ex
act circumstances surrounding the
address, and the present misunder
standing with Germany will be fully
sot forth. This will be done because
the president believes that every
precaution ehnll be taken to prevent
Germany from misinterpreting facts
In the situation.
Turks Stand Pat. '
It was announced here today
that Embassador Elkus has cabled
tho state department that Turkey has
reaffirmed her pledge of alliance
with Germany nnd Austria, and Is de
termined to fight the war out to a
final victory. Elkus' cable said tbat
the Turkish chamber of deputies' is
anxious to strengthen the existing
good relations with neutral powers,
and at tho same time unanimously
voted confidence In the new cabinet.
Tho senate naval committee re
turned a favorablo report on the ad
ministrations naval bill, which car
ries a total of nearly a half billion
dollars for building ships nnd
Pniilnnlnir ttiam fni4 r
' uo
hlltiflrerl nmt tnnnlvj.l.1,1 .itiiA.
dollars were added to the measire
by the senate since the house pass
ed the original measure. It also au
thorizes the president to take over
for government use all privately
owned ship yards and plants for
manufacturing munitions or war In
event 'he United States 1b drawn
Into the conflict.
Mitclioll Promises Ilellef.
NEW Y01UC, Feb. 21. Mayor
Mitchell, of New York, has pledged
the hoi-d of hungry families in New
York that he will do every
thing possible to stop prices of food
stuffs going higher and higher. Oth
er delegations of women visited tho
mayor's office today wemanding im
mediate nctlon to stop tho constant
rise In prices, ns footl Is becoming
so high priced that poor peoplo can
not buy necessities of life. Some of
these women tnreatened to stay on
the city hall stops and stnrve unless
somotlilng wns done to give, them re
lief. "Sweet Mnrlo" Oanz, at tho
head of a party of ftty womou, ap
peared at the mnyor's office de
manding nctlon. Shortly nftor an
other delegation of one hundred
put in an appearance, and these
were followed by seven rcprlsentn
tlves of th'o Mothers' Anti-High
Prlco League, who carried resolu
tions from tho mans meeting held
last night, Mnyor Mitchell received
the small delegations and made
promises to do what he could to re
lieve mo distress.
HEARD TODAY
The case of Vcrna Embrce, admin
istratrix for the estate of Elza Em
bioc, deceased, against E. V, Lnng,
occupied the attention of the jury of
the circuit court toduy. The case Is
an nctlon for money, claimed to bo
owing to the catf.to,
Th plaintiffs represented by At
torneys Goorge Jones and John T.
Long, claim that the defendant owed
the estalo tho sum of fj2uu, a prom
issory note being Introduced as evi
dence In this regard. This amount
wns not paid and Is still owing to
the plaintiff. It Is claimed.
The defense, however, claim that
the note wss settled by an agreement
between Mr. Kmbree and Mr. tang,
the latter hnvlng nsslifned him an
account of a similar denomination
owing from Mr. Kmbreo to Ed.
Kruse. This account after coining
Into the possession of the defense, It
Is alleged was presented In full pay
ment of the note and that settlomegf
wns reached between the two parties
before the denth of Mr. Embree. -
A number of legal olnt are In
volved and a great ileal of lime Is
tnken In presenting authorities. At
torneys Abraham A Sandblast appear
for the defendant.