La Grande evening observer., July 15, 1909, Image 1

volume vin.
LA GRANDE, UNION COUNTY, ORE., THURSDAY, JULY 15, 1909.
NUMBER 229.
COURT OvFRRULES
THREE DEMURRERS
ONE CASE TO A
JURY TRIAL
PERMITS ONE JURY TRIAL
SUIT TO CAMEL OVERDRAFT TO
BE GIVEN JCRY.
flESULT OP RECENT ARGUMENTS
Court Will Hoar Three of Four Im
portant Law Suits.
Circuit Judge J. W. Knowles to
day handed down decisions in the
cajes of the Grande Ronde Electric
company vs. Walter NIedner, receiver
of' the Farmers & Tradera National
bank, the Hot Lake sanatorium vs.
Niedner, and J. F. Fhy trustee of the
Scrlber Tfankruptcy against Niedner
in which he overrules the demurrers
in one case of Grande Ronde Electric
company, which is a suit to compel
Niedner to surrender up to the light
company certain bonds of the eom
pau.r, and the case of Phy vs. Nied
ner which is suit to recover certain
propoify tuat the trustee in banhrur
tcy claim to be entitled to for the
benefit of the general condition of
Scriber.
The court also overruled the de
murrer in the case of the Hot Lake
sanatorium vs. Niedner which is a
suit to cancel a $3,000 note which is
claimed to be void and without con
sideration. This is the oft-described
accommodation note.
In the case of the Grande Ronde
Electric Comapany vs. Niedner to
cancel an overdraft account, the de
murrer was sustained.
The legal effects of this decision
means that the cases of Phy, Hot
Lake sanatorium and the case of the
Grande Ronde Electric Company ask
ing for surrender of bonds, must be
tried before the court without a Jury,
and that the matter of the Grande
Ronde Electric company for cancel
lation of overdrafts account, must be
tred in an action of law.
The cases were argued a few days
ago by T. H. Crawford for all the
plaintiffs and William Ramsey for
the recover. vfUJ
Thirteen Were Drowned.
SHERNESS, England, July 15.
Thirteen lives were lost today when
the submarine C. 11 went to the bot
tom of the channel in a collision
with another vessel the name of
4
0
Afew Lines
JUST
BEAUTIFU LLINE OF HAND BAGS
all the newest styles. Suede and Jett trimmed.
Price ....... . . M-00 to $4.50
-
NEW ELASTIC BELTS. '
All colors and styles. .......... v. . . . 50c to 75c
ELEGANT LINE OF BACK COtyBS. ' -
Shell combs in beautiful designs .'. . . . . . -25c to 75c 0
A new grape design on old gold back ground, ea. 75c
New Tailored Linen Waists $3.00 to $3.50
- -
THE
which is unknown, during naval man
euvers. All attempts of rescue have
been abandoned as the channel at this
point is very deep. The work of lo
cating the sunken vessel 'will com
mence tomorrow.
Eighteen Killed in Buildlusr.
PHILADELPHIA, July 15. Eigh
teen were killed by the collopse of
a building here today The bodies of
three women and twermen and a boy
were removed from the ruins.
MAY MEETWOLGAST
SEATTLE LIGHT WEIGHT ASX
IOCS TO HATE FIGHT.
Was rromlsed "Gow With Winner of
Neison-Wolsgast Bout
SEATTLE. July 15. In a letter re
ceived here today from Chick Hudson,
the Seattle lightweight, he states that
Manager McCarrey of Los Angeles,
promised him a match with the win
ner of the Nelson-Wolgast fight,
which took place on Tuesday night.
The letter was written before the
fight and so probablyHudaon will
meet Wolgast, who had the best of
the fight.
F1TE THOUSAND ARRIVE IX
TWENTY-FOUR HOURS. .
Flathead Indian Reservation Openings
Now Fairly on.
MISSOULA, July 15. A great event
to which thousands of homeseekers
all parts of the United States have
looked forward to for many weeks,
and which brought the Immense
throngs here, became a reality today
when 750,000 acres of Flathead Indian
reservation was opened to registra
tion. It Is conservatively estimated that
before August 5, when registration
closes, 50,000 will have registered.
The drawing will follow close on
the registration.
Within the last 24 hours 5000 ar
rived. Every train adds to the swarm.
Lands are divided into 160 acre lots,
making 4687 parcels of land to be
distributed. Some of this land is the
choicest In the state.
A station on the new electric line
between Walla Walla and Milton is
Just south of the state line and is
called Pill station. It Is Bald to be a
favorite place for cigarette .smoking
by youths from over the line.
Arriving
IN
FAIR
. -
REGISTRATION
IS COMMENCED
S 8
one wiiii
LOCAL OPTION
THEME
IS CRAWFORD'S LAST CASE
EXTREMELY LONG DOCUMENT
DEALS WITH DECISION.
SLATER WAHTS STRICT COMPLIANCE
Moore and McBrlde Tolnt Out Why
Option Election Is Valid.
One of the longest decisions han
ded down by. the supreme court in a
Union county issue for some time,
has been received In today by Attorn
ey T. H. Crawford the Judge presid
ing in the case of Julius Roesch
against Union county, the former be
coming an appellant when Judge
Crawford interpreted the law in this
case In a similar manner to that of
three Justices of the supreme bench,
namely Chief Justice Moore, who
wrote the opinion. Justice McBrlde
concurring with Justice Aikin. Moore
and McBrlde each advance volumin
ous arguments in defense of their
opinion. The former considers es
pecially the three paramount ques
tlonfUat issue; that the sufflcienc of
the petition initiatng the proceedings'
was not determined by the defendants
when the election was order; the no
tices of election were insufficient; and
that they were not posted as required
by law.
Under . the first division, Moore
said in his opinion:
"We conclude that If the order
complained of was defective because
of the Insufficiency of the findings,
the imperfection was not particularly
pointed out by the averments of the
complaint; that the' evidence submit
ted at the trial, bearing herein on the
Issue made by the answer and reply
Justified the findings made by the
court; and that such conclusion of
facts demanstrates that the county
court properly ordered an election to
be held to determine whether or not
the sale of intoxicating liquors should
be prohibited In that county."
In regard to the second division,
posting of notices, McBrlde says In
part: '
"The Sheriff has been designated
as the person to post notices. If he
employ persons whom he does not by
special written appointment authorize
to perform such services and the per
son so selected discharge that duty
properly, the only credit he receives
is the satisfaction of having perform
ed an obligation which the law im
poses. If his agents fail, however, to
post the notices properly, In conse
quence of which the will of a ma
jority of the people expressed at the
polls, is defeated, the sheriff must
necessarily be subjected to the Just
censor which an outraged public en
tertains." Printed Signatures Good. ' '
This notice compiled with forms
prescribed by the local option law
(Secton seven) which does not "de
cribe that such notices shall be signed
by the county clerk, or authenticated
by seal.. In Herrlck vs. Morrill 5 a.
m. St. Rep. 841. In determining the
sufficiency of process It was held, that
any signature whether written, prin
ted or lltographed, which the party
Issuing the summons might adopt as
his own . was sufficient. It has been
ruled by this court that where an of
ficer adopts a printed signature as
his own, such use is adequate for
the purpose.
In recapitulating the second and
closing his argument on the third
question he says: .
"We think the rule of law should
be that no precinct was effected by
MYSTERY BRANDS
PDHTLAND CUE
i 1 '
SHOOTS
BRAf K
STREET ETTON
WOMAN EVIOEMTLY IN CASE
FATALLY WOUNDED MAN .REFU
SES TO TELL HIS STORY.
SAYS WIFE LIVES IK WALLA WftLU
Though Still Living-, Hclclvcd Mid
night Shooting Is Fatal.
PORTLAND, July 15. R. F. Brack
en, a member of the firm of Brackett
& Myers, electrical engineers, who
wis mysteriously shot on the streets
hire at midnight, Is reported to be
in a critical condition this morning.
He is conscious, but it is feared that
he cannot recover.
The bullet entered the abdominal
region, penetrating the kidneys. The
victim Insists that he was held up,
but eye witnesses tell a different
story.
R. E. Dent, an employe of a. stable,
nearby, says that he saw a man re
semblng Brackett meet a woman
near the scene of the shooting an
hour before he was shot by two well
dressed men.
; None of Krackctt's valuables were
taken.
Mrs. Ward ran from her home and
says that she heard some one say: "I
guess you've got me this time."
Brackett says that his wife lives at
14 Clinton street Walla Walla.
Brackett refuses to make a state
ment. He will not talk about the
woman supposed to be Involved in
the affair. No trace men who did
shootng have been found, but Brac
kett, It is thought, knows who they
are.
the want of sufficient notice, but Ka
mela and that such defects could not
by any possibility have changed the
result of the election, If the required
number of notices had been posted.
"Beleiving that no error was com
mitted as alleged, the decree is af
firmed." The Dissenting Opinion.
Justice Slater, who with King dis
sented In the opinion of the majority,
says in his findings, in part:
"If the requirements of the law in
respect to the making of an order by
the cAunty court In the posting of
notices by the sheriff are mandatory,
then the strict performance of them
is essential to the validity of the elec
tion, and-the question of material and
substantial Injury following from the
omission of either is not a material
one. It is only when the thing to
be done Is merely directory, and the
omission thereof renders what fol
lows voidable, and not void, that the
question of substantial Injury Is ma
terially to be considered. It is upon
this distlncton that the conflicts In
the case has arisen. Those holding
to the doctrine that the provisions
of statues requiring a particular form
of notice, by holding of special elec
tions are mandatory and must be
strictly followed, have been cited and
followed ' In Marsden vs. Harlocker
and Guernsey vs. McHaley."
King concurB In this dissent with
out statement.
The opinions in this decree include
over 7000 words, and will doubtlessly
be read by all the attorneys of the
city and many others who are inter
ted In the ponts of law made clear.
Crawford's Lent Derision.
The opinion of the Circuit Court,
Judge Crawford presiding, Is ma
terially as the supreme court, and as
tkl. .ni If. P.AwfA.il1. loaf nDea
In the circuit court, he and his friends
look to his interpretations with de
light That the supreme court was
divided on the question is proof of
the closeness of the question and that
a majorty ruled with Mr. Crawford,
Is a pleasing bit of knowledge to the
attorney's friends.
Naturally of course, a preponder
ant majority of the Union county vo
ters are highly elated that the circuit
court and the supreme court agreed
on this paramount Issue.
RUNS HERSELF TO- DEATH
COLLAPSES FROM 'EFFORT TO
CATCH STEAMER.
Aged Lady Over Exerted In Trjlng to
Overtake Steamer.
SEATTLE, July 15. Mrs Kathertne
II. May, aged 67, Is dead loday from
exertion of running to cutch a steamer
Monticello, which left Tacoma for
Seattle yesterday afternoon. She
caught the botft but died before she
reached Seattle. The son found the
mother dead when he boarded the In
coming boat to greet her. Hart fail
ure was the cause of the lady's death.
WAR 1 CRETE SOW SEEMS IN.
EVITABL&
Nationalists Hate Complete Control
of Situation.
TEHERAN, July 15. Colonel Llak
hoff, commander of the forces that
are defending the city has Indicated
by ordering the the Cossacks to stop
firing, that he would surrender to the
Nationalist forces, which means the
complete overthrow of Shah Moham
med All and the establishment of a
new Persian government, under the
proposed constitution.
filler Abest te Abdicate.
8T. PETERSBURG. July 15. The
foreign office today ordered the Rus
sian troops stationed at the Persian
frontier to arrange for a safe removal
of the Shah across the frontier which
would go to indicate that the ruler Is
on the point of abdicating.
WEATHER
S
URGE CROWD TO PARK CROIlfiDS
flSBSSSSBSSBBHSSSk . BB
BIG BjNFIRE WILL MARK CLOSE
OF NOTABLE DAYS WORK
The Entire City Will be Transplanted
To the Park this Evening
' Superb weather and public pride
today combined to coax' and drive a
large crowd of women and children to
the Rlversde park where the second
clean-up day is in progress. Men
were not numerous during the morn'
ingliut m'fU ''are often times wiser.
and shrewder than -their wives, and
lu many Instances at least, have de
ferred their visits until a later hour
of the day when the sun is less gen
erous with its heat-rays.
Shortly after 9 o'clock this morning
the first tally-ho party left the Pres
byterian church, tagged for Riverside
park, and many subsequent trips were
the order of the day.
This afternoon there was a notice
able Increase in male Inhabitants.
This rule will be more marked this
THREATENS CIRL
1lTU cimr
L
NASTY CASE IN
SISTER CITY
E iN BAKER COUNTY
GIRL OF SIXTEEN IS CHOKED BY
ASSAILANT.
Jim
G13L TELLS STDRY OF PUHISHMEIIT '
Joseph Little Accused of Threatening
to Kill a Girl.
NORTH POWDER, July 15. (Spec
ial) Joseph Little was temporarily
In custody of officals today on serious
charges, that of threatening' to kill,
but after his arraignment, his case
was thrown out of. Union county's "
jurisdiction and his arrest on warrant
sworn out in Baker county will fol
low this afternoon or tonight.
The case Is filled with unprintable
details. The assault is alleged' to
have' been committed about three
miles from North Powder on June 12,
when Bertha Tally, aged 16, was as
saulted, claims the state, and choked -almost
to a point of death. The girls,
tells a story that has Incensed many
against the defendant. She affirms
that Little choked her and threatened
to kill her if certain requests were
not granted and stipulated things did
not occur. , .'
District Attorney Ivanhoe was cal
led today to prosecute the case, and
C. E. Cochraq from La Grande to be
counsel for the defendant, but when ,
It was learned that the crime bad
been committed in Baker county, the
Union officials turned the case over.
The defendant, who is 26, has lived
here about one year, and the girl In
the case has lived here most of her
life. She is the daughter of Mrs.
Martha Tally.
Water costs more than whiskey la
Wheeler county these days, says the
Fossil ournal. Irrigation suits will
cost the litigants thousands of dol
lars. SENDS A
evening when In the twilight hours,
the band will play, children will
scream in glee, the more Industrious
and liberty-endowed men rest, thor
oughly satisfied, there will be a new
army of workers to take up the worki
Bonfire Tonight.
. There Is no logical, reason why the
coming evning should not be. as was
the day. Such being the case, there
will be a monster fire this evening
where the refuse and debris, repre
senting the gleanings of the populace,
will be consumed by a mighty fire.
Around this fire will gather the forces
and with party lunches, stories, Jokes
and songs, the evening hours will be
whiled away In one of the most en-
Joy able public functions held in con
nection with the history of the River
side park. .. . . , .
'A '
4