The evening news., May 15, 1918, Page 1, Image 1

VETOING N
This Taper Has Enlisted
With the Government in
the Cause of America for
THE WEATHER
Historical Boclotyt and Thursday Sliowers.
i'ulillc AinlH"'ll,ln,.tuwit tenvp. yesterday. 67
- - ' ': j ' Lowest temp, last night 46
The Only Paper in Roseburg Carrying Associated Press Qispatches .
VOL. IX.
ROSEBURG, DOUGLAS COUNTY, OREGON. WEDNESDAY, HAY 15, 1918.
No. 115
THE
TO
ml
JLLnd V V 1
ALLIED LINES ARE
Gaining New Vantage Points
From Which a Better Re
sistance Can Be Made.
HARD FIGHTING TODAY
At Two O'Clock Thin Afternoon Brit
lnh Were Still .Holding Enemy
Off Aircraft Investigation
Subject for IMstuskIou,
A . A.
HAlll) FIGHTINO TODAY-. .
- .
(By Associated Press.)
WITH THE BRITISH ARMY
IN PRANCE, May 16. Intense
aim neavy ngnung nas oeen in w
progress all day today near
hill 44, north of Kemmel,
which the French troops took
possession of yesterduy. The
French were still holding the
Germans oil at 2 o'clock this
afternoon, ibut the enemy la
' making a desperate effort to
regain the lost ground. There
is considerable activity today
in many ot tne important bat-
tie Bectors which leads to the
belief that it la quite possible
the Germans are on the eve of
launching their drlvo, after a
comparatively quiet period of
two weeks.
Associated Press War Lead, May
15. The expected renewal of the
German offensive having failed to de
velop the allies Are still continuing
their tactics of anticipating a tluusi
from the enemy's ranks by reaching
out for newer vantage points from
which a better resistance can be
made. The French troops have token
the wood on the slopes west -of the
Avre river, Just about where the Ger
mans made their most westward ad
vance, and ttiesa now. possessions
have materially Improved the ullled
defensive positions.
HEAVY ARTILLERY FIRE
London,, May 15. The Gorman ar
tillery fire increased this morning on
the western front near Morlnycourt,
as well as at the sector south of the
town of Albert, and there is a notice
able increase of artillery on the Flan
ders front, north ot Kemmel.
HUNS ARE BEATEN OFF.
Paris, May 15. The French troops
attacked the German positions near
Haillesblow and Amiens lust night
and captured the woods on the west
bank of the Avre river. The Ger
mans made a counter attack but were
beaten off with severe losses.
WAR PROCLAIMED IN RUSSIA.
Amsterdam, May lft. A Berlin
newspaper announced that war has
been proclaimed at Kkntei-inosluv,
Odessa and Poltava, in Russia, as a
strong counter current to the order
of things generally was observable.
There are several groups of Great
Russian forces in the Don region.
RUSSIANS CAPTURE CITY.
Moscow, May 15. Rostov-on-lon,
one of the largest cities in the Don
Cossack territory was recaptured
Friday by the Russian Soviet troops,
who drove out the Germans after the
latter's troops hod held the town one
day.
PRESIDENT OPPOSES MOVE.
AVoshington, May 15. In a letter
to Senator Martin, of Virginia,
President Wilson has . declared he
would regard the passage ( of the
Chamberlain resolution, which calls
for an Investigation of the aircraft
and other war activities, as "a ill
rect vote of want of confidence in
the administration" and an attempt
of congress to take over the conduct
of the war. -
CHAMBERLAIN READY TO QUIT.
Washington, May - 13. Senator
Chamberlain disclaimed today that
the military committee had any in
tention of holding a general inquiry
Into the "conduct of the war," as ex
pressed by President - Wilson, and
stated that he was ready to take the
whole question to the floor of the
senate, and also indicated In' his in
terview that if the senate were to
roruse to pass an amended resolu
tion giving the military committee
authority for the investigation be
. would not attempt to press army in
qulries any further. '
. . ........ msv w,rmnwn . n,v
' Washington, May 15. President
Wilson has asked Charles E. Hughes
, to' assist Attorney General Gergory
'; Investigate the air craft situation,
, and the request will be granted, oc-
cording to an announcement made
' today. It is also given out that the
correspondence between Uiel presi
dent and Hughes will be published.
. The president said that the impor
tance of the aviation service war
ranted an Investigation with as little
delay as possible. The resolution
offered by Senator Chamberlain- pro.
vidlng for Investigation of war ac
tivities. Including airplane opera-
tlous, was today limited by the sen
ate expenditures committee to an in
vestigation of army affairs only, -and
with this understanding was report
ed upon favorably. . -
GERMANS PLANNED REVOLT.
New York, May 15. During tho
hearing today in reference to an at
tempt of the Germans to "Germun
lze" America, "and that 100,000 guns
had been Stored in tills country for
tills particular purpose, testimony
was Introduced to show flint in the
year 1016 the Germans in the Unit
ed States were planning a revolt
against our country and with the
hidden munitions the German socie
ties wore to Join the I. AV. - W. and
socialists and wage a war against the
United States. The investigation is
still In progress under the supervis
ion of the attorney general of New
York. i
OREGONIAN IN CASUALTY LIST.
Washington, May 15. The casual
ty list contains today 120 names In
cluding Cadet Stuart Freeman, of
lortland, Ore;, who died- of accident.
Three men were killed In action,
three died from wounds, live of dis
ease, and from other causes seven
expired. Thirty-nine soldiers were
found missing in action., . '
MAIL NOW GOES VIA AIR.
.Washington, May S5. Airplane
mall service was established today
between Washington and New York
City..
. MONARCHS ARE SELECTED.
Ijondon, May 15. Copenhagen
dispatches state that wlien the Aus-.
trian4jerman emperors met at the
German great headquarters tiiey se
lected monarchs for Lithuania, .ur
land, Esthonia and Poland. ' ... . i
SALEM BOY ON LOST BOAT.
Salem, May . 15. Communication i
from the authorities at Washington -to
the parents of Earl AV. Hollencop, j
of this city, Indicates that the latter
was aboard the nova collier, Cyclops,
which disappeared two months ago.
The navy department still holds
hopes of solving the mystery and has
not yet officially recorded the vessel
as lost.,': ...!-, .-.,. :.vv.-.-4i.
WOMAN HOARDER ARRESTED
' Seattle, May 15. Mrs. I. M. Hoff
man, a prominent club woman of
tills city, it was discovered by the
authorities today, had stored in the
ball room on the top floor of her
residence 640 pounds of white flonr.
The flour, all sacked, was taken in
charge by the authorities.
BIG FIRE AT VANCOUVER.
Vancouver, B. C, May 15. Fire
in the J. Coughlan & Sons ship yard
did 81,500,000 damage last night
and destroyed several ships under
construction. One fireman was kill
ed and several injured. ..
PARIS EDITOR DOOMED.
Paris, May '15. M. DuVal, direc
tor ofj the suppressed newspaper,
"Bonnet Rouge," has been condemn
ed to death for acts, of treason. .
: ,
HEARINGS TODAY
The motion of Attorney Murphy,
of Salem, to throw out of court the
application of Mrs. Amelia A. Castle
man for a decree of divorce from
her husband was today overruled by
Judge Hamilton. The attorney was
allowed ten days to consider further
process. Mrs. Castleman, who Is a
daughter of D. N. 'McInturlfof Oak
land, alleged in her affidavit that
she Is a .resident of Douglas county
The motion to disallow her com
plaint affirmed that the ladiy is a resi
dent of Salem, where she now is ana
where, she has employment. Her
husband Is a resident of Cheney,
Wash. Affidavit of D. N. Mclnturff
alleges that Mrs. Castleman has her
home at the home of her parents,
and that her two children are there
at Oakland, this county. - Albert Ab
raham represented the plaintiff. Mrs.
Castleman a application tor divorce
in Marlon county was denied some
months ago.
A suit in equity to adjust certain
property interests of the Hursts, of
Myrtle Creek, occupied most of the
time In the circuit court today. Bf L.
Eddy represented one branch of the
family, while J. 0. Watson and I. B.
Riddle represented the other. .
S
ANOTHER DRAFT TODAY.
. -
At 4 o'clock this afternoon
Chief Clerk Raffety, of the local
draft board, received official
notice that another draft call
has been made. The allotment
for Douglas county Is 43 men,
and they will report here May
29. Entraining date will be set
later, and the men will be sent
4 to Fort McDowell. Calif.
. .
Thunder Is Exhausted Candi
dates Return, to Home
Base For Voting.
-v.
SURE THING FOR SOME
Other Royal Good Fellows Sitting on
' Hot Box While the Hous
' Drag Slowly Along
Friday Is the Day. .
With today the political campaign
In Douglas county and the state at
large Is practically finished, and to
morrow the candidates will get back
to their home base for the final cast
of the die on Friday, when the voter
has his inning. During the past few
weeks the confiding public has been
visited by candidates of all political
complexions, and the Issues laid be
fore the people, who are to be the
judge, and from whoBe ( decision
there can be no appeal. .... ,
Throughout the state the big fight
has centered around the contest for
senatorial honors, and opened up,
so far as the republicans were concerned,-
a three , cornered game,
Within a short time S. B. Huston,
of Multnomah county, dropped' out
and requested! his name eliminated.
It then became a square cut affair be
tween Robert N. Stanfield, of Uma
tilla county, and Chas. L. McNary,
present incumbent and -appointed to
fill the unexpired term of the late
Senator Harry Lane. The latter is a
Marion county man, with his home
at Salem. While it is conceded that
McNary will doubtless have a strong
lead in Marion county, it Is also a
recognized fact that Stanfield has
been picked winner by most other
sections of the state. The Umatilla
county candidate has a splendid rec
ord as a business man, and today is a
recognized! factor in the .commercial
woitd,! He has risen to his present
enviable position by sheer force of
will and -good judgment, and as such
Is, looked-upon by the 'people as a
desirable representative of their In
terests in the- national senate. Mc
Nary 1 a lawyer. Both men are
aligned with, the "dry" forces, so
there can be no chblce in the men in
that respect.
Will R. King,, of Malheur county,
and former Governor Oswald West,
are the democratic candidates for
United- States' senator, but no one
takes those gentlemen seriously.
The gubernatorial candidates are
next on the list in the matter of general-
interest. Six republicans and
two democrats are In the field for
i.ds honor, but the whole thing sim
mers idlown to a fifty-fifty fight be
tween Governor James Wlthycombe
and L. J. Simpson, of North Bend.
Both men have a strong following,
governor Wlthycombe has served
one term, and seeks re-election on
his record. His many friends are
rallying to his support, and trust
they can overcome the opposition
and place the governor's name on
the official ballot for the fall elec
tion. Mr. Simpson, on the other
hand, is making a strong campaign,
and It Is conceded that he has gained
considerable ground In this part of
the state In the last few days. . He
Is a business man of sterling worth
and stands high in the esteem of
union men and all others in his home
county and In the state. -
. Other republican candidates for
the honor are J. E. Anderson, of
Wasco county, author of the "bone
dry" measure; F. C. Harley, mayor
of Astoria, a genial good fellow, but
not favoring too great a "drouth";
G-us. C. Moser, of Multnomah county,
well known throughout the state as
a "prince" of a fellow, , and Ben W.
Olcott, of Salem, present secretary
of state. The democratic candidates
are Walter A. Pierce, of Union coun
ty and Harvey G. Starkweather, of
Clackamas county. .
There are three Candidates for
nomination for justice of the su
preme court; John S. Coke, of Coos
countyfhas. A. Johns, of Multno
mah, and Percy R.- Kelly, of Linn.
All of the gentlemen are republi
cans. Men in touch with the situa
tion are emphatic In their belief
that Judge Coke will be the' success
ful candidate. His many years ex
perience as circuit court judge and
wide popularity as a man through
out the state, make him a favorite
with all classes In the southern part
of the state, while good judges of
polltcal affairs concede that he will
carry Multnomah. There are no
democratic aspirants. . '
George M." Brown, of Douglas
county, present Incumbent of the at
torney general's office, Is candidate
tor re-nomlnatlon. He has no op
position.,
Passing over a number of offices
for which there Is no competition
and touching county affairs, the in
teresting features of the local situa
tion revolve around the commlsBlon-
ershlp, the sheriff's office and the
treasurer's place. , 1 ,
Commissioner B. . F. Nichols will
retire from the office January 1, and
two candidates are In tho field, both
republicans. iJb democrat could bo
found In Douglas county bold enough
to throw his hat Into the ring. The
two republicans are Myrtle Creek
men. Ed. Weaver,: a farmer anti
prune grower of that section, a resi
dent of the county since anybody
can remeinibeT, a republican of tho
old school, -believes he can fill the
bill to perfect satisfaction of the
public. Lots of people think a good
deal the same way. Ed. has made a
strenuous campaign, and in his
round of duty , visits the Elks lodge
in this city very often.
Harry Rice, near' neighbor' and
friend of Weaver, twice elected may
or of his home town, a business man
of Myrtle Creek, the most consistent
of republicans, born in Douglas
county, a member ot both the Elks
and Masonic lodges of Rosobklrfe,
and who has a wide acquaintance
throughout southern Oregon. Mr.
Rice has made a good campaign and
his hosts of friends are confident of
his success next Friday. , .
- There are also two candidates in
the field for sheriff Geo. K. Quine,
present Incumbent, twice elected to
the office, seeks -renomination. The
officer stands on his record during
his past years of service. ! He has
done very little campaigning, "ie
llevlng that the ipeople -know tholr
own mind and ' are i thoroughly ac
quainted with him lawbreakers are
particularly conversant with Qulne'a
activities when on, the trail of evil
doers and so has stayed at home
most of the time and attended to
business. 'rho sheriff's numberless
friends asse t that he has the nomi
nation in hlB vest pocket at this time,
and that the vote Friday will prove
It. The' sheriff has two sons In the
service, one of whom is In France,
- The other ' aspirant for sheriff's
nomination is Frank Baragar, a
farmer and .stockman; who resides a
couple of miles north of the city. Mr.
Baragar sought the nomination two
years ago, but failed! to win out, but
believes he has a better show of suc
cess this time. The gentleman has
made a- general campaign of the
county, and 1b sure tbat public sen
timent is with Mm (n his effort to
land the iplum.:, Mr:. Baragar 'has
five children, some of whom are In
the high school. '. ;. -r " " v'-v
So far as republicans are concern
ed, there is no county clerk's office.
Not a man came up to declare his
intention of wrestling the prize from
the present democratic incumbent, so
there is no diBcussion of the issue
It's a sure thing for Mr. Lenox.
James Sawyers' possession of the
treasurer's office is toeing contested
.by C. M. Mynatt. For a number of
years Mr. Sawyers has held! forth as
the official custodlnn of Douglas
county funds and no one has had a
look In or apparently dared 'to un
seat the popular official. This year
Mr. Mynatt determined that he would
break into the game, sj announced
his candidacy and began campaign
ing the county. He has visited very
many of the homes both In towns
and country, and states the public
received him cordially. He believes
he will j be nominated. Hosts of
friends of the gentleman take the
same view of the matter,. -and! only
the returns will settle the contest.
Treasurer Sawyers has made no cam
paign of any consequence, but rests
under the conviction that the people
will not overlook his previous good
record, and so calmly awaltstjthe ver
dict of May 17.
HONOR GUARD - MEET- j
IMS LAST EVENING
A .ra.ir infrorARtln? sesfllnn Of the
Girls' National Honor' Guard was
w.i1 aa avoninv nt. the armorV and
76 members responded to this Im
portant meeting.,' a numoer or mat
ters were taken up ana reports or
t Mnnnr Guard convention
were read and disousBed by the
girls. Plans were aiscussea ior ine
purchasing of suits for the Honor
rc,,a,.H otwI nnriv nil atenifled their
Intention pf procuring one of the
regulation uniforms, it -was ueciueu
to hold wt one business meeting
h heresfter and at-this ses
sion all the matters of importance
will h transActed and discussed. A
feature of the evening was the mlll
AMU hv thA elrls under the
command of First Sergeant Victor Mi-
,t h. ir.th nnmmDia. coast ar
tillery. The girls performed excel
lently and their commanaer com
mended them very highly upon the
BAhiavAmant Aiwimollshed in this
line.' During the next few months
sewing for the Belgian babies, Knit
ting and military tinning win va
ri thn elrls have all sig
nified their" willingness to co-operate
earnestly with the Guard officers and
assist in imaking the Roseburg unit
one of the best in the state first, last
and always. -The Honor Guard girls
were also requested to attend the
great film "The Kaiser, the Beast of
Berlin," which Ib scheduled for today
and tomorrow at the Antlers theatre.
E
How, Where and What Is Doing
Among Former Rose- ;
' burg Boys. : " .' ;
MAIL IS NOW ARRIVING
'-V-.?' L'
Letters From Home Bring Cheer and
Company to 'All Hoys Are Now
Comfortably Quartered Where
Kapoleon Had His Troops. '
SOMEWHERE IN FRANCE, April
22. (Special correspondence to The
News.) That you may know that the
Roseburg aggregation stationed in
France with the 65th regiment Is
getting along nicely on the "war pro
gram menu" we will iprobably open
up "publicity headquarters" the
censor permitting and hope to get
a news letter over to the home folks
every now and then. At the present
moment we are certainly enjoying
beautiful weather and the sun has
ibeen out in full blast. . It reminds
us all of one of those spring days
that has made, the Umpqua valley
famOUS, , :c
Hub Quine had hhi first battle in
France last night, and the hour was
somewhere near midnight. He was
snoozing soundly whert all of a sud
den he was aroused by n sharp pain
in the vicinity of his nose. He arose
and struck a match and made an in
spection of his "beak" and found
that a good sized rat had been
gnawing on It while he had been
slumbering. . He only had one match
and tried to paint the "puncture"
with Iodine In the dark. This morn
ing when he-showed up for revllle
he ipresented the appearance of an
Indian chief. - The gang says that
he Ib well camouflaged! for tonight
bo need not worry about another
struggle with the pesky brute. Old
Hub considers it as one of the best
jokes lie. has. ever encountered; but
Intends to have a hatchet handy to
night, but several of the boys have
advised using a gas mask;
Tills place where w are quarter
ed reminds one of the old castles of
which we often read. The -ceilings
are extremely high and the architec
ture is very ancient, and at one
time Napoleon's troops were housed
here, so, historically, It is quite a
place. ' . ' ":
A bunch of the- fellows are going
to town this afternoon to take a
bath, and it is well they are, 'cause
we euah doeg need a washing down.
Yesterday waB sure a great day
for the Roseburg boys, owing to the
fact that our first mall arrived in
the morning and was distributed
about noon. All the boys received
mall and you cannot imagine what
a happy bunch pf fellows they were.
It was jiusi like unrisimas any witn
the soldiers and those letters were
the most pleasing gifts ever received
by any of us at any time, or any
place. If the home folks could real
ize how delighted It makes a soldier
doing foreign Bervlce you would
write very often, and tell nil the
news, no matters of what minor Im
portance. 'J
Last Sunday morning the entire
regiment attend edl the - military
church services held by our chaplain,
First Sergeant Matthews. He gave
one Of the beat heart-to-heart talks
that I have ever heard and he im
pressed all the hoys a great deal.
He apoke on the three great obliga
tions each soldier was under first
to the supreme being, second to your
country, and third to our homes. He
told or how our nation was judged
by those fighting for Its liberty over
here and for that reason all must
lead a straight, moral life. His dis
course was very Interesting ana will
no doubt be of much help to all the
SoldlorB. Our regimental hymn Is
."Onward) Christian Soldiers" quite
appropriate, we think. The ser
vices, although simple, were most
Impressive and to see all tho fellows
In olive drab, standing with bowed
heads, asking the Savior to aid in
the ble battle was a scene most beau
tiful. When a fellow gets over here
where war Is really in progress It
makes a fellow look at life In an en
tirely different light and to regard
religion wltli- much more reverence.
I think that Leon and John Mc-
Cllntock are going to be sent a few
miles from here before long, but we
will all get to see each other often.
The rest of the hunch will probably
remain here for some time.
Since our arrival In France we
have seen lots of German prisoners
and they are a peculiar looking
buncli of creatures. Wo feel sorry
for them to even think they were
once victims of the "Iron fist" of the
kaiser. They seem petroctly -contented
now and are used by the allies
to build roads, load sh ps and for
other rough work. They eye the
American soldier with a great deal
of Interest and are no doubt sunprls
ed to know that the U. S. Is taking
such an active mrt In the war.
We have our drills and hikes each
day and are being placed In condi
tion. The eats are fine, get plenty
of sleep, so what more could a fel
low aBk. But really, do you know,
we fellows never fully appreciated
the wonderful comforts of our home,
but Bince landing in ' France have
come to a Hull realization of. what
.we left, behind us. . It would seem
mighty nice again to "cleanup'' In
the evening and be at liberty to do
what one pleases and, in the slang
phrase of the army, "tell 'em all to
go to what Sherman sold war was,"
We are all ."dabbling" In French
a little, but have not got to that
point whore we are. ivery adept In
using the language. The other day
a bunch ot we fellows took a trip to
the -city and, ot course, had to "get
around1' something new In the line
of eats, i None of us could "swing"
the French language, but we decid
ed on bam and eggs, and before we
could make the "gink" in the res
taurant understand that we wanted
eggs, we had to "cackle" like an
old hen and "crow" like a rooster.
We finally got the order delivered,
after considerably parleying.
We hope to nun across JuIIub Rid
dle, Harold' Bellows and Clifford
Jane before long and have a family
reunion of Roseburg boys. ' .
ROSEBURG GIRL IS
-'.V!
HIT BY CUPID'S DART
' Dan Cupid is waging a serious
conflict upon the hearts of many
popular Roseburg girls these days.
In. his recent battles from the front
Une trenches, his golden arrows of
love have hit their mark and as a
consequence "casualties" have been
enormoU8. . Dame Rumor,, a strong
and faithful ally of Cupid, has lined
her contingents In heavily fortified
positions and excellent - vantage
points In the local society circles and
Into the ear of a News represents-j
tive today was shot a secret directly
from headquarters, Imparting the in
formation that Fannie M. Campbell,
a well known and! charming society
girl, of this city, who I now associat
ed iprith the Oregon Agricultural Col
legs extension department had been
struck In the heart by Cupid's dart.
In the same battle the heart ot Wm.
L. McGeorge, a young olvll ', engineer
of ; Eiugene, iind ' a former Oregon
Agricultural College student and
member of the Theta Cht fraternity,
was hit by . a piece o the some arrow
and as a result the hearts of the two
young people are united with wed
ding belle an assured finale of the
two casualties. ,
The wedding of Miss Campbell and
Mr. McGeorge will take place In the
early summer and the happy couple
will in all probability reside In Port
land, where the groom-to-be holds a
responsible position'. The bride-elect
is a niece of Mr. and Mrs. W. T.
Wright, ot this city and has a host
ot friends here who will be tremend
ously surprised to learn of hen ap
proaching nuptials. ,,
ENSIGN ITALY WAVE
The stars and Stripes of the United
States andi the national ensign of
Italy will wave together from the flag
pole of the federal building In Rose-
Uurg on the 24th of this month, In
accordance witn tne oraer ot presi
dent Wilson affecting all government
buildings in the country. May 24
will be the anniversary ot Italy's en
trance into the war, and this hlBtorlc
event will be commemorated by a
joint flag display, ltosi; urg's fed
eral -building was w.t'.iout an Italian
flag, and its custodian wr.j confront
ed with an official notice that none
could lie furnished by the treasury
department. In this emergency, how
ever, Roseburg's- busiest Individual
and general factotum of all patriotic
duties, - Charles K. Lerry, brought
forth from the city's carnival deco
ration stock a good sized replica of
Italy's flag, and this will be swung
to the breeze under "Old Glory" on
the officially appointed day.
OTT S ORCHESTRA TO
PLAY FOR "THE KAISER"
Ott's orchestra has been engaged
by the Antlers theatre management
to play during the engagement of the
famous film, "The Kaiser, the Beast
of Berlin," and the best ot music has
been selected for the occasion. The
orchestra will play at night perform
ances and will prove an added attrac
tion for those who admire, good mu
sic. The kaiser Is one ot the great
est films ever produced - and was
manufactured! at a tremendous cost,
giving to the American public au
thentic facts of the "beasts' " many
atrocious nets In the war. The Ant
lers theatre will In all probability be
over-filled at every performance and
every citizen who has the Interest of
the nation at heart should by all
means attend.
SUIT FROM BANK
Decision of Judge Hamilton
Affirmed In Second Ap.
r peal Supreme Court.
LOCAL LAWYERS IN CASE
Attorney B. L. Eddy Appeared for
Mrs. Dewar and Attorney O. P. -'
. Coshow Represented the De
' fendnnt- Court Krred.
8ALEM, Or., May 14. A second
appeal to the supreme court of the
case of Marie ' Oewar against the
First National Bank of Roseburg was
affirmed today In the opinion writ
ten - by Justice Benson. - affirming
Judge Hamilton, of Douglas couuty.
Chief Justloe McBrlde and Justices
Burnett and Harris concurred.
At the first trial of the case In the
lower court a verdict and judgment
,wei-e awarded the plaintiff. De
fendant aippealed, judgment was re
versed by the suipreme , court and
the case remanded for a new trial
which also resulted In a verdict for
plaintiff, whereupopn- a second ap
peal was taken, -, i,
Complaint alleged deposit, in de
fendant bank and that bank refused
to repay It upon demand. The an
swer denied allegations and offered
two main defenses, one of them that
plaintiff authorized1 T. S. Sheridan as
her agent to withdraw (3000 of her
deposit and lend It for her. The
answer declares1 that he withdraw
the money and loaned it to A. M.
Kelsay, taking the latter's note and
delivering It to MrB. Dewar. The
second defense was a plea of estop-
Ael based on a letter to the plaintiff
by the federal bank examiner, R. W.
Qoodhart. Sheridan was president
of the bank and the reply of plain
tiff says that he withdrew the plain
tiff's money, but hadl no right to do
so.--The--plea of OBtoppel-wnti elim-
mated by the -former opinion und
Justice Harris ' holds that but one
fundamental Issue remained to he
passed upon. This ' Issue - was
whether or not Mrs. Dewar authoriz
ed Sheridan to withdraw the money.
"If she did1 she cannot a-ecover ilk
this action)," says the opinion. "If
she did not, then the character ' in
which he withdrew It Is of no conse
quence, and whether he got posses
sion of It In the capacity of (presi
dent of the bank, or as a common
burglar, would not in any degree af
fect the bank's liability to the deposi
tor. Upon this Issue the plaintiff
testifies quite positively that she did
not authorize Sheridan to withdraw
her deposit, while he, with equal cer
tainty, asserts that she did. This
presents a question exclusively for
the determination of the jury, which
by its verdict has decided the Issue
In favor of the plaintiff." ,
In appealing,' the . defendant took
the position that the court had erred
In refusing to give the jury certain
instructions requested by the defend
ant which were to the effect that na
tional "banks have no authority to
lend money for others than them
selves, andi that If Sheridan loaned
money to Mrs. Dewar he did It as
her agent and not as president of
the bank. The supreme court holds
that these requested Instructions
are apart from the Issue. Other In
structions of the court were object
ed to as erroneous, but the opinion
finds no reversible error. and upholds
the lower court. "
Attorney 0. P. Coshow represent
ed the bank in the suit while Mrs.
Dewar's case was handled! by Attor
ney B. L. Eddy. . " -J ,
OPENED REAL SETTLERS
PORTLAND, May IB The opening
ot all of the two million three hun-
dred thousand acres of O. & C: lands
for settlement, giving men of mili
tary and naval service preferential
rights, is advocated! by R, N, Stan
field, candidate ' for the republican
nomination for United States senator -In
the Btate pamphlet, Instead of giv
ing settlers only selected portions of
lands ahd selling valuable timber to
lumbermen according to present ar
rangement. Mr. Stanfield takes the
stand that the courts decided the
railroads should sell the lands for
$2.60 an acre, that the lands are a
heritage of the people and that ac
tual settlers should be allowed to
have the land, timber and all. He
takes the position that no homestead
Ib too valuable for men who have
served the -country In time of war.
Mr. Stanfield also believes In opening
for homesteaders every acre ot avail
able agricultural lands In tho forest
reserves. '