La Grande evening observer., March 22, 1912, Image 3

IA GRANDE EVENING OBSERVER. FRIDAY, MARCH 22, 1912.
PAGE THREE
MARKET REPORTS
$
Local qotatloM toaay:
Butter Fancjr creamery 40 cents 1
lb. roll; t lb. roll, 80c.
Ranch butter, 65o and 70c 2 lb. roll.
Ranch eggs 25e.
Vegetables and Miscellaneous
Potatoes Per cwt, 11.60
' sweet potatoes 41bs. 25c ....
Spinach 10c lb.. S lbs. for 25o.
Rhubarb 15o lb.; 3 lbs. S5c. . , -
Hot house green onions 6c bunch.
Onions $2.25 per cwt.
Cabbage 3c
Celery Per bunch 16o, two for 25c.'
Sugar cane, cash price $6.95; ,30
days' time, $7.35; per cwr.i boet sugar,
cash price, $6.75; 30 dayi' time, $7.15.
Beans White, t t-3c: Una, 10 cents
; Fruits.
Home grown apples $1.00 to $1.60
per box. Grade establishes price.
Cranberries- -20 cents per quart.
Oranges 40c to 60c. -
Bananas 40e per dox. ,
' Feed and Grain.
Alfalfa Hay $13.00 (retail).
Timothy $16.00.
Grain Hay $13.00. ; .
Snowdrift Flour,' Sack $1.35.
Bluestem $1.35.
Patent $1.25. . .
10s Corn Meal 35c per sack. '
Bran and Shorts $1.30 and $1.40,
Oats $1.60 per cwt.
Rolled Barley $1.70 per cwt.
Cattle. Hogs and FowL
Cows 3 to 44o.
Steers 4e to 5c. '
Sheep 3c and 4c. - -
Light hogs $5,75.
Heavy hogs $5.00. . . ' ' . -v
Chlckens-Hens, 10c: old roosters
8c and spring fries 10c to 12c
Turkeys, live weight, 17 to 18o. ;
Ducks, live weight, 12c. " '
Geese, live weight 10c. ; - . "
Fresh smelt are In the markets to
day. .. ;;':.," ;-.V,:''.!. .'v;
many recently to study for grand op. sitting as Judge, which after a trial anyone outside of the special counsel
era under King Clark In Berlin and luting nine days, resulted In a verdict themselves, made affidavit that in his
Jean de Riiszka In Parla , ,or 'ne
Victor Herbert will compose the
music for Mile. Emma Trenilnl's now
comlo opera,' which will have its pre
miere, under the direction of Arthur
Hammersteln, In October at Syracuse,
N. T.
Tti4 Anna nraa onnA.!. nliln tnn . i. . . ...
, iu me supreme court ana reversed
upon, one error of myself in trying
the case, out of an assignment of over
Second Verdict for State. ' -The
case was again tried In the clr-
. cult court, before myself and again re-
A sketch called "The Still Voice", ullea ln a verdl for the state. It
written w finnr n.Larn i J waa 8a,n appealed to the supreme
Z I., 7 I 8 Cameron "bo Is court and this time affirmed. Unless
Mrs, Sidney Drew, will be nresflntnd , one Is conversant tiui ih. in
by the Drew-Barrymore-Rankln family
at the Fifth avenue theatre. New York.
The characters will be played by Mr.
and Mrs. Sidney Drew, Lionel Barry
more, Doris Rankin and S. Rankin
Drew.'. ''-"
the case, one cannot understand the
Immense amount of work required in
getting this case-ready for trial. A
great deal of the evidence was foreign
record evidence, and many depositions
were taken. I. dare say there was five
times as much work: required in try-
insr thin fnaa on nmn..lnw a..Ll
. inaustrial disputes were less num-' dence for trial as in a damage action
erous ln New York state in 1911 than lnvlving the same amount; Unlike a
in 1910. the bureau nf .i damage case against a corporation, In
arbitration having recorded 215 strikos
and lockouts In 1911, as compared with
250 In 1910. . . .
Mabel Taliaferro has started
limited season in vaudeville over the
Orpheum circuit. She opened this
week at the Majestic theatre, Chicago,
appearing In a one act play by Edward
Peple, called "Taken on Credit."
Helen Royton, a prima donna in
comic opera, left New York for Ger?
KM
LES
( (Continued from page one)
which the sympathy of the mrv la with
the plaintiff, in this case the sympathy
of the jury was with defendants, the
alleged heirs of John Morrison. It
was necessary for the state to demon
strate to the jury, almost beyond a
reasonable doubt, the illegitimacy of
John Morrison. The special attorneys
controlled the trial of. this case and
tried It with remarkable skill and abil
ity. ,. ,
On January 5 this year. aDnlicaiion
was made to me for an order for the !
estate and upon the order- of the
county court distributed the proceeds
of the sale of the personal property to
the alleged heirs of John iMorrlson.
Afterwards, in examining the title
to the real property, which has recent
been appraised at $22,500 by the state
land agent, the law Arm of Cochran &
Cochran were apprised of facts - that
led them to believe that Morrison was
an Illegitimate, and as he was an un-
inai i-iou man ana tnererore hud no
uirect descendants, his estate would
escheat to the state, under the law
oi tins state, if his mother was dead,
Illegitimate Son, . "
. After a great deal of correspondence
finri aftoi Banrlf..n. n .nan In A 1..n O
land, where Morrison was born, it was nna . BUPPrl
ascertained that Morrison was an ilJe
gitlmate son o Catherine France arid
James Morrison. . That after the birth
of John Morrison, his mother had mar
ried a man by the name of Lockhart,
and they had moved to New Zealand
and further, that the mother" of John
Morrison was dead. " -
These facts were laid before Gov
ernor Chamberlain, and on; January 12,
1907, he wrote a letter to F. S. Ivan
hoe, district attorney .of the Tenth
Judicial district,; directing him to com
mence proceeding to escheat this land
to the state and also authorizing Coch
ran & Cochran to assist In the prose
cution of the proceedings as special
counsel. - - '
--. The escheat proceedings " followed
and were tried by a jury before myself
sale of the real estate escheated to the
state and fixing the attorney fee to be
allowed the special.counsel and the al
lowance of certain costs and expenses.
,..' Original Claim $10,000.
Senator Oliver, who had represented
the alleged heirs of John Morrison had , tingent fee,
time of the hearing. I notified him and
he was present. His right to appear
was challenged by opposing counsel on
the ground that the courts, having de
cided that hlB clients were . not the
heirs of John MorrUon, he had no fur
ther right to appear. I allowed him to
appear as a. friend of the court. ..'v.
ney fee. 1 " ; ' ' ':: 'V ; ;.:
Fee Fixed at $7,500. .
Senator Oliver asked for time In
which to flla. counter affidavits, and I
gave him until my return from Wal
lowa county, where I was about to go
to hold court. While In Wallowa coun
ty, Governor West phoned me regard
lug the matter and Bald that he had
some papers he wanted to send me be
fore I passed on the attorney fee. I
told him that I would not pass on
It until my return to La Grande,
which would be in about two weeks.
Upon my return to La Grande, I re
ceived a letter from Governor West,
Inclosing a copy of a letter from Gov
ernor Chamberlain to Cochran ft Coch
ran, appointing them special counsel
to assist in the prosecution of the es
cheat proceedings, and stating' that
they were to receive a reasonable fee
for their services.
Governor West had amnle tinii in
file counter affidavits, if he had so
desired and I would gladly have grant
ed him further time had he so request
ed. As no counter affidavits have been
filed, and as Senator Oliver informed
me he did not Intend to fli nv 1
fixed the attorne yfee, at $7,500, the
lowest amount that any attorney had
testified was a reasonable fee. and the
amount sworn by F. S. Ivanhoe, -the
attorney for the state, to be a reason
ings,' the attorneys for the plaintiff re-preme court had considered that hear'
celved 50 per cent of the amount re- say testimony had been erroneously
covered, or $11,000. This case was admitted at the- trial, it would bar
only tried once ln -the circuit court, undoubtedly reversed the case on that
and once In the supreme court. I ground also. . . -; 7 ' i
. 7 Damage Case Cited; . v ;i : Sot Flaying to Galleries.
In the case of Llnsey vs. the araudo l Upon tne econd appeal to the se
Ronde Lumber company, which was an Preme court, a very able opinion wa
action to recover damages for a per-'wr'tten by Justice Henry J. Bean. af
sonal Injury; a judgment was recover- ifirmlng the Judgment of the trial court.'
ed against the company for $17,000, 1 Thus, It will be seen, that this ca
and the attorneys for Llnsey rece'ved haa been tried out twice In the dr
one hair of the amount or $8,500. This cu,t cuurt. twiua.in me supreme eoui'.
case was only tried once in the circuit ln lne legislature, ana is now Deing
court, and once in the supreme court. lrled m the newspapers, the last r.
I am creditablv Informed that Sunutor course of unsuccessful litigants and
Oliver was to receive 50 per oent of ' disappointed attorneys. Untortunate-
tno value or tne land, or $11,000, U T oeiioiur umur, x-rreBiutias
case the alleged heirs were successful i Roosevelt's recall of Judicial decisions
in this case. Senator Oliver has done nas not yet Doen put into operation, or
a great deal of work in this case, and we amount or tne attorney iee to u
able attorney fee,
A Conthigont Fee. ?
The fee that sneclal
ed, as comnensatlon for thnir ui-viou
in the escheat proceedings,. is a con
tingent fee. That is, if the state is
not successful, the: special couuboI
ao. not receive any compensation fo
ineir services. . Section 737fi . T.ni'R
Oregon Laws which provides that tho
governor is authorized and empower
ed to employ additional counsel to as
sist ln the prosecution of eBcheat pro
ceedings,, also provides, "Such coun
sel shall be paid such sum or sums fot
sucn services as the. court - before
it is unfortunate for him that he was
not successful. In lawsuits, as in
(elections, all caunbt be successful and
some must be disappointed. : As to tho
charge of Senator OUyer, la his recent
communication to the Journal, that In
the trial of this case precedents of a
hundred years were violated In thJ nd-
mlssioiL of hearsay evidence, I .' have
allowed the special counsel in the?ej
eBcheat proceedings might be submit
ted to the legal voters of this statft
for their decision at the November
election. : . - " ;-
Of course, I. might have played to.
the galleries arid ignored the affidavits
as to a reasonable attorney fee to ba
allowed the special counsel, and alow--
... ,k.t h n..rt them a small fee, and thus, deprived
of this state, upon the first appeal In them of the fruits of their victory, tat
a very exhaustive opinion by Justice, e galleries are belr,g well entertain
Slater, comprising 27 pages of tne ed in this state and nation at the pres
Oregon Reports (see 55 Oregon, page ent time ,and the competition Is too
419), examined all the alleged errors ' great, even lf I had any ambition la
In the first trial of the caso in detail, th, direction
and reversed the case upon one error 1 . , ' X-MATOT a
of the trial court In the introduction. ' manK "tiwJi lot liuJr'n
of testimony at the trial. It the .u- Circuit Judge, Tenth Judicial Dlstr.ct.
rn$,A nnnnlnl . 1 . X. A I.aJ nM
' Alio OJJOViiai vuuiioci- llttU hqkkij, 1U1 ' ,, .7
an allowance of $10-,000 attorney fee 7 "X. BU'C or ProceealnS
port of the reasonableness of Jl" TT, ZTJ?1 W" c
their fee had filed the affidavits ' of nroceeds of the7Rfln otnninm .
, - . v . ... . 1 , . , 1 .
proceeds arising therein, as the costs
of the state ln the acquiring or ln de
fense of said escheated property."
There are a great many ordinary
damages cases arising in. this county
where the attorneys have received
more than the fee allowed by the court
In this case. ; In the case of Fisher 6.
the O. R. & N. company, which was an
action for damages. In which tho
amount of the judgment recovered by
Fisher, including interest, was $22,000
about the same amount as the value
of the land I n these escheat proceed
such lending attorneys throughout the
state as ex-Senator C. W. Fulton, Wil
liam D. Fenton, HurriBon Allen and A.
C. Spencer of Portland, and J. P. Win
ter, Judge James A. Fee; J. H. Raley,.
Charles H. Carter and Douglas "W.
Bailey, of Pendleton, all attorneys ac
customed to trying cases where large
amounts are involved. They swore
that a reasonable attorney fee for the
services performed by the special
counsel, as shown by the affidavit of
C. E. Cochran', was from $7,500 to one
half of the amount involved, or '$11,
250. ' District Attorney Ivanhoe who
represented the state and assisted in
the trial of this action, and who was
perhaps better qualified to testify- aB
to the "reasonableness of the fee than
f 1 ItWI
33
Insist upon the
BEST
COVE MILLIXG CO.'S
GERMS, GRAHAM
FLOUR AND ; WITOLli
WHEAT.
"THAT'S IT."
"DROPPING"
A TIMELY HINT
Tliiifc should prove of value to the good Ifonst
v:fc is something that we feel our duty' tor1 0 in
romindmg you that unless you are using
"WHITE QUARTZ FLOUR' '
rou are not having the good success you shanld
"have on baking day. The Best baked stuff is none
too good for your table to have it means that
vou must use the best Flour obtainable. That's;
why
YOUR GROCER AND ALL GROCERS REC-
, COMEND
"WHITE QUART Z" HIGH PATENT BLUE
STEM FLOUR.
ASK YOUR GROCER HE SELLS IT A
TRIAL WILL CONVINCE.
'
$ FRATERNAL ORDERS OF LA
-GRANDE. .'
P & o
A..'. F. & A. M. La Grande Lodge No
41, A. F. & A, M. holds regular meet
; ings first and third Saturdays at
7:30 p. m. Cordial welcome to all
Masons. N. MOLITOR, W. M.
. A. C. WILLIAMS. Secretary..
8. P. O .E. La Grande Lodge No. 433
meets each Thursday evening at 8
; o'clock in Elk's club, corner of De
pot street, and Washington avenue
. Visiting brothers are cordially In
vited to attend.
' H. J. RITTEK, Ex. Rul .
;V. ; : H, E. COOLIDGE. Roc. Sec.
GRANDE RONDE CASH CO. INC.
Distributors to the Dealers. La Grande Oregon.
REAL ESTATE
Do you want to sell your krm land?
Do you want to sell your fruit ranch?
Do you want io sell your city property?
LIST IT WITH US-WE WILL GET YOU RESULTS
PUT A FAIR PRICE ON IT AND LET US SELL IT FOR YOU
Call us up and our representative will call on you, or come
in to see us.
E. S. Givens Investment Co. La Grande National Bank Bldg.
WOODMEN OF THlfl WORLD-Ls
Grande Lodge No. 169 W.: O. W
meets every first and third Thurs
days at I. 0, 0, F, Hall. AH visiting
members welcome, ';:
D. FITZGERALD, C. C.
J. H. KEENBY, Clerk.
Call Main Eight
Retail Department
Lumber, Lath, Shingles, Ruberoid
Roofing, Sash Doors, etc.
: af the
Georae Palmer Lumber Co.
wr
MONEY TO LOAN
On real estate, If you have an abstract of title prepared by a re
sponsible -Abstracter, says themoney lender. He won't lend you a
cent unless you produce the abstract, and you can't blame him for
wantln gthe protection, . ' Money lending is his means of support
and he can't afford to take any chances, therefore he demands An ab
slruct and makes himself secure.
Our abstracts will satisfy the money londer and secure you a loan. .
What Is the description of your pruperty.
The Abstract & Title Company, Inc.
LA GRANDE, OREGON
CM. LOCK WOOD, Secretary
and Manager
Office With La Grande
- Investment Company
M. W. OF A. La Grande Camp No.
7703 meets every Saturday evening
at" 8 o'clock In K. of P. hall, over
Lilly's hardware stpre. AH visiting
. neighbors are welcome. '
W. A. DUNN, V. C.
" W. F. LANDRUM. Clerk.
KNIGHTS OF PYTHIAS Kea erosi
' Lodge No. 27 meas ev.ery Mondftj
night ln Cnntle hall, (old Elk's hall.)
A Pythian welcome to all vtsltlnt
' Knights.
!V II. W. RILEY, C. C.
R. L. LINCOLN. M. of R. A 8.
REPEKAH 9 Crystal LbdKe No.' K
" meets every Tuesday evening ln th
L'O. O. F. hall. All visiting mem-.bers-are
lnvltad to attend.
LEAH R. COOLIDGE, N. G.
MISS ANNA ALEXANDER, Sac
O. E. B. Hope Chapter No. 13, O.. B
C. holds stated communications thi
second and fourth Wednesdays ol
. each month. Visiting members cor
dishy lnvud.
MRS. MARIE JACKSON, W. M.
) MART A. WARNICK. Sec
: L. O. O, M., La Grande lodge No.
850, Loyal Ordor of Moose, holds reg
ular meetings every Monday at 7:30
p. m. ln I. O. O. F. hall. Visiting
brothers cordially Invited to attend.
R. J. GREEN, W. D.
B. L, LEAVITT, Secretary
Madam! If your husband
won't provide electric lights I
for you, make him
look after the oil lamps. Lot him see how much time It takes dally
to clean, All and trim them, thaat might bo employed In more profit'
able pursuit. '!-.''' ' ' ' '
Oil lamps are a nuisance. They are most unsatisfactory lights at
best. They smoke, flare and give out noxious gases. Perfect ventila
tion Is impossible because it Isn't sate to raise the windows where
there are curtains to be blown. Then an open window makes an un
steady light, which means danger from explosion. ; ' ,'
Doughtless there are some people who will always use loll lamps, but
the vast majority are reaizlng that, measured by '.the standard of
service, electric lights are the cheapest and best. Phono us for rates.
Main 34. ' ,
Eastern Oregon Light &
Power Co.
"Always at your service"