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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 14, 1906)
12 THE MORNING OREGOXIAJf, SATURDAY, Arfen, 14, 1906. lEMDSMP OF HOD QUESTIONED Heirs to Johnson Estate Bring Action for His Removal. SAY HE WASTES ASSETS They D.eclare If He Continues as Administrator There Will Be Xothfng Left for Them to Receive. A hearing ol the petition filed in the County Court by the heirs of A. H. John eon for the removal of W. H. Ladd as administrator of the Johnson estate began yesterday before Judge Webster. The opening .statements of the attorneys on both Bides were presented and two wit nesses were called to the stand before the close of the first session. The hearing will be continued Monday afternoon at 2 o'clock, and will probably occupy several more sessions of the court. While comparatively little progress was made yesterday, yet the attitude to be maintained by both sides waB pretty clear ly defined. It was made plain that the petitioners would confine their case to the work of establishing that Mr. Ladd had been negligent and dilator' In his hand ling of the estate: that under his man agement and for reasons not understood by the petitioners, the estate had dwindled in value until there was evidence that It Mould soon cease to represent any value whatever, niddell and Dufur ate looking after the interests of the heirs. Defense Is Denial. The defense. Judglns: from yesterday's proceedings, will consist of a detailed de nial of each and every one of the nu merous charges made against Mr. Ladd. He Is represented by Williams. Wood & Llnthlcum. The courtroom was comfortably filled with those directly Interested when the case was called at 2:30 P. M. Judge Web ster stated that he was free to devote the rest of the afternoon to the hearing, and urged that as much progress as possible be made. Mr. Rlddell, on behalf of the heirs, arose at once and presented a statement of the case, reciting at length the severe charges that have been made against Mr. Ladd as administrator of the estate. Charges Against Ladd. The principal charges reiterated by Mr. Rlddell were: That Mr. Ladd has boen unfaithful to hla truat and has neglected It to the Injury of th! beneficiaries of the estate; that he claims "certain right in the estate which are Inimical to their Interests and Inconsistent with a strict and Impartial performance of hi duties as administrator. That A. H. Johnson, on January 25, JON. when about to die, deeded to W. M. Ladd. as trustee, property worth $422,100. "upon the trust only that he shall apply the net proceeds of sales and Incumbrances to the reduction of the lawful Indebtedness of A. H. Johnson." Th Indebtedness that was to be paid off by the trustee Included J1R9. 128.84 to Ladd &. Tllton, aod 37 other claims or (TT.4St.07. a total of 2GO,009.01. That W. M. Ladd, as trustee, failed to ful fill the duties and obligations Imposed upon him, made no effort to sattsfy the Indebted ness of the estate from the trust property, but on tha other hand allowed the claims against the, estate. Including the SJSft.OOO claim of Ladd & Tllton. to be filed against the remaining property of tho estate not Included In the trust, which was appraised at 3T0.452.2T. That W. M. Ladd, as administrator and trustee, has been acting solely In the Inter ests of. Ladd & Tllton. a firm "engaged In k general banking business, chiefly In loan ing money at the highest rate of Interest permitted by law." That he has not Included In his Inventory of the nstate the trust property Rppralsed at $422,100: that he claims Indebtedness still if mains against the estate, only a small portion having been paid, and that at a rreat sacrifice and after expensive and un necessarv litigation. That the estate under the administration has steadily diminished in value. That valuable farms In Washington Coun ty have been operated by him at a loss. That unless a "competent and trust worthy person" Is appointed to manage the estate, "the Indebtedness and accruing In terest thereon, coupled with the manipula tions, neglect and mismanagement of the administrator, will soon absorb what re mains of the estate." That he has had control of the trust property 11 years without an accounting. That he haa operated the Reedvllle farm at a loss of J0310.T2. when the farm. If properly managed and operated. Is capable of producing great profits. That a part of the assets, a City or Port Is nd warrant worth (230. was appraised as or no value whatever In his Inventory; that he sold the warrant for (200. and credited It to his account, and deducted the amount from the balance chargeable against him a administrator. That he failed to Include in his Inventory f4 accounts due the estate, amountlnc to $14,000. The petitioners ask that he be compelled to make his final report, that lie be re moved, and that some "competent and trust worthy person" be appointed administrator of the estate. Jlequcst of Itlddcll. Mr Rlddell laid emphasis upon the fail ure of the administrator to make an in ventory of the trust property, stating that inasmuch as the estate was interested in that property It should, under the law. o Included in the administrator's inven tory of the estate. He likewise urged the necessity for prompt action on the part of the court, saying that. In the belief of the heirs, the estate, before the lapse of much more time, would have ceased to represent any value whatever unless taken from the hands of Ladd. The attorney added that Ladd had never appeared to have In mind the welfare of the heirs and that his action had always seemed to be hostile to them. In Illus trating this he recited several Instances. "Only a short time ago," he said, "one of the heirs, who was In destitute circum stances at the time, went to Mr. Ladd hoping he might secure a small advance. He was met by the statement that It was doubtful if there was enough left of the estate to pay oft the outstanding Indebt edness. Serious Charges Made. "After the death of Mr. Johnson." con tinued Rlddell, "Mrs. Johnson- was asked to pay (40 a month rent for a house con trolled by Mr. Ladd In which she was living. She aid not feel she could afford It and moved out. Shortly afterwards the house was rented for (30 a month. Then C. N. Johnson, a son of the deceased, wished to rent the Spring Hill farm of the estate on shares. His offer was re fused. Later K was rented to a stranger who has neglected the crops and Injures the farm by conducting; a dairy farm thereon. "Again. In his inventors of the estate." continued the attorney, "he passes over a claim of (14.900 held by the estate against various creditors with the state ment that seme of the notes are out lawed, some are not good and that none can be collected. He has- failed to inven tory considerable property, whereas the law expressly provides that all shall be Inventoried. Estate Will Be Tscd Vp. "Then he Is continuing right along wjth the farming operations of the estate, but without any authority from this court or provision of the will. He is paying out hundreds of dollars on those farms each year and taking in much less.' In fact, all the expenses on the farms are large and the income from them corresponding ly small. "At the present rate of increase," con cluded Mr. Rlddell, "It will be only a mat ter of a few years until -there is no estate left at all. And it is this result to which the heirs are making objection." Mr. Williams, on behalf of Ladd. put forward the statement that Mr. Rlddell had not made a fair statement of the case. He denied that his client bad ever claimed the trust property as his own or" that he had been guilty of mltntan agement. To the fluctuating value of real estate he attributed the shrinkage of the estate. At the time of the Isam White deal prop erty was at a low value, he said, and the (1S.O0O derived from the land sold was all that could possibly have been secured un der a forced sale. Creditors Do Not Complain. "It Is a peculiar thing." said Mr. Wil liams, "that if the estate has been sub jected to mismanagement some of the creditors have not complained. There are 2S of them, and they are deeply concerned in this matter, but they appear to be en tirely satisfied with the manner in which Mr. Ladd has conducted the affairs of this estate." Regarding Ladd's statement concerning the invalidity of the (14.0C0 in claims held by the estate, Mr. Williams said most of these claims were held against relatives of the deecascd. and were, in fact, of no account, in explanation of the sale of a street warrant for (300 after It had been appraised by Ladd as having no value. Mr. Williams said the purchase had been made by an.lndlvidual who wished to have the warrant out of the way because It affected property owned by him. and who considered it of no value. In conclusion. Mr. Williams said that his client was willing that the light of day should be turned full on all his dealings In connec tion with the estate: that the remit would be established that the affairs of the estate had been handled to the best possi ble advantage: that all information asked for had been given the heirs bearing on the estate: that G7 per cent of the original indebtedness had been paid oC, and that the affairs of the estate had been handled in the best possible manner. Examination of Witnesses. The examination of witnesses was then begun. R. Rasmunscn was first called by Mr. Rlddell. His testimony was of little importance. He waB overseer of one of the Washington County farms 15 years ago. and at the time thought It should bring a rent of (CCO a month. On cross examination, he said the buildings on the farm were old. and that there was much Lroom for repairs. C A. Johnson, son of the deceased, was the second witness. His testimony was interrupted by tho adjournment of court. He will 6how that the Spring Hill farm has been sadly neglected under the Ladd regime. The rest of his testimony will be taken Monday. Very few witnesses are to be called. The proceedings, for the most part, so it is be lieved, will deal with the examinations of rccord3 and reports. RETURNS WITH DAUGHTER 3Irs. DcBord Itccovcrs Child Whom Father Kidnaped. Grade DcBord. the 2-ycar-oM daugh ter of George and Lizzie DcBord. of this city, has had some adventures since the little one was stolen from tho arms of her mother some seven weeks ago. nd taken to San Francisco by her "father, who hnd separated from the pretty little Hungarian girl to WANT CHEAPER FARE Vancouver Residents Demand a Reduction. A. BURNHAM LEADS FIGHT Declare That Rate To and From Portland Should Be Reduced to Fifteen Cents, and Insist It Shall Be. Residents of Vancouver are aroused and indignant over the fares charged by the Portland Railway Company, which oper ates a line between that place and Port land, and will make a determined fight to have the rates reduced. Such is the mes sage of A. Burn ham. Auditor of Clark County, who has begun and is leading the fight against the Portland Railway Com pany. Mr. Burn ham stated yesterday that ho had the support of the business Interests of Vancouver, and that a fund would shortly be raised to fight the company. He says that a bill will be Introduced be fore the next Oregon Legislature to pro hibit any street railway company which operates in a city of more than 50.000 In habitants fom charging more than 5 cents fare for the first three miles of Its lines which "fun outside of the dty limits. He firmly believes that it will pass, and will do all within his power to see that it is enacted. The Portland Railway Company now charges 25 cents for one-way fare to Vancouver, or 15 cents for a round-trip ticket. Was Tut Off Car. Mr. Burnham has been thrown off the cars of the Portland Railway Company between here and Vancouver because he refused to pay the 23-cent fare. Mr. Burnham has had several Interviews with the officials of the Portland Railway Company, but says that they refuse to do anything. He says that unless the fare Is reduced that he will sue the company for damages for putting him off its cars when he refused to pay what he considers an exorbitant fare. According to Mr. Burnham. the citizens of Vancouver believe that not more than 15 cents should be charged a passenger for one way. This would give the com pany 5 cents from the business districts of Portland to the city limits. 5 cents from the city limits to the fern' landing this side of the Columbia River, and 5 cents for the ferry. Its Present Tarirr. The Portland Railway Company charges 5 cents for passengers from the business districts to the city limits. Then 15 cents Is charged from the city limits to tho ferry landing, a distance of about 2"a miles. Another 5 cents is collected for the ferry, which makes a total of 25 cents for one way, "We are going to have he fare reduced from 25 cents to 15 cents, and there is no If about It." said Mr. Burnham. yester day afternoon. "Wc shall keep fighting for it until the company Is compelled to give in. Ever since the line was started the same fare has been charged. Traffic has Increased, but there has been no re duction. The traffic from Portland to Vancouver and from Vancouver to Port land Is very heavy, and undoubtedly tho line yields olg profits. From SO) to 10CO persons cross the ferry dally when there is no special occasion. When there is some big attraction In Portland the traffic Is much heavier. This is to say nothing of the many teams that are freighted MRS. DE BOKD A'D HER DAUGHTER WKOH SHE RECOVERED IX SAN THAN CISCO. whom he was married some three years ago. The young- mother learned that her errant spouse had gone to San Fran cisco after securing possession of the little Klrl, nnd she followed with the idea of recovering' the child. After a search lasting- several weeks the husband was located at S23 Jessie street, where he was living- with a woman whom he Introduced as his wife and mother of the little girl, but as the young- one continued to cry for "Mamma Lizzie," the deception was soon discovered and on the appearance of the real Mrs. DeBord, the child hs legally turned over to her nnd was brought hack to Portland: mother and child arriving- here yesterday morning. While In this city 'DeBord held a lu crative position but his desire for fast company led to an estrangement with his wife and resulted in the kidnaping of the child and desertion of the little woman who bears his name. Mrs. DeBord announces that she In tends to bring- suit for divorce against the father of her child, who has failed to provide for hiB family and has de serted them for another woman. Kxrlae XrHeJB4r Care Bvca: Makes -Weak Sibs Sueac Seetfeaa Sr ram. Ofts't Saurt. across the river by the ferry. For a two horse team and wagon 35 cents is charged for passage one way. This. also, is un reasonable." CLEVER FILIPINO FORGER Copies General's Order, hut Makes One Sllgh Mistake. WASHINGTON". April U.-A sample of Filipino cleverness and Imltatlveness has been .unearthed at the "War department In the course of an examination of some old claims by the church authorities for property alleged to have been comman deered by American troops in the early days of the insurrection. Tho church au thorities in this partidular case alleged that some of their valuable herds of cat tle had been taken by American troops, while this claim was met by the charge that the lnsurrectos had seized the cattle. In support of the latter statement was what appeared to be a pass issued in due form by. General Stanley, the com mander of the division. la February. 19). to Balluasard Ramon and 39 fellows who alleged that, they were simple heraerr, hat Kke were efcaraee' with hat-lag realty etetea the cattle trem the chare. The carieas feature tvL ia every line executed by pea, although wc rosy ot ise aecameat was aaeaeeed to tee cleaa English printed characters. The imltatlM --nx u rlrvr- mm in .1. most defy detcette. "sad this weald hare oa wae case save reracvnws MlematJc blunder made ay the forger, whose mis sion was set Mt BS ttu MB "far- Ik. purpose of te buy blSs. heroes aad carl- SAYS IRRIGATE THE VALLEY El wood Mead oa Advantages to the Farmers. For the purpose of laying plans for extensive experiments with Irrigation In the Willamette Valley. El wood Mead. Chief of the Bureau of Irrigation and Drainage In the Department of Agricul ture. Washington. D. CX, was In Portland yesterday conferring with officers of the Portland Board of Trade and State Engi neer Lewis. Mr. Mead was accompanied by A. P. Stover, of Pendleton, who has charge of Government Irrigation experi ments in Oregon. Mr. Mead is one of the most eminent Irrigation authorities in the United States and is the author of several books and pamphlets on the subject. He has recently been in Califor nia conducting Investigations. Mr. Mead said yesterday that the chief purpose of the experiments would be to determine the extent of benefits that might be derived from irrigation In the Willamette Valley, where there is an abundance of moisture except during about three months In the Summer. The advantages to be gained are in the as surance of a good yield every year, the Increase In the quantity and the Improve ment of the quality, of crops produced. That irrigation will make crops more sure. Increase the production and Improve the quality, there is no question, but the matter to be determined Is whether the beneSts thus derived will make Irriga tion profitable. Mr. Mead has no doubt as- to the result of the experiments, but what he Is after is a practical. Indisputable demonstra tion of what can be done with Irrigation In the Valley, and when the advantages have been shown by experiments he feels certain that farmers will undertake Imigatlon wherever water is available. Irrigation will be particularly valuable to dairymen who need green feed for their cows during the Summer. Experiments in other countries have shown that even where there is as much rainfall as In Ore gon, but where the Summers are similarly dry. the quality of wheat produced has been very greatly Improved by Irrigation. In Italy, where such conditions exist, the value of land has been doubled and its productiveness trebled by Irrigation. Mr. Mead believes that there is need of legislation lnthls state upon the sub ject of water rights, particularly with a view to providing for tho administration and control of the use of water, so that each user shall be secure In the enjoy ment of what Is rightly his without fight ing for It. and so that there shall be an equitable division in years in which there Is a shortage. He also believes there Is need of a compulsory registration of ail water rights so that there will be a re liable source from which to secure In formation as to the extent of existing water rights. MRS. W.W. JOHNSON WINS Consumption and Hemorrhages Cured ?AJHsiBiw MISS MINNIE GlLROT. Doctors pronounced as incur able Miss Minnie Gilroy, of Morrison, Colo., who suffered agonies from conumption, hem orrhages, and severe coughing spells. She wasted away to a shadow and had given up all hope when she decided to try Duffy's Pure Malt Whiskey. Miss Gilroy began to improve at once and gained 15 pounds during the first two months. She is today happy, well and strong, and writes the follow ing letter of thankfulness: "I suffered for a lonav time with con sumption and had terrible attacks of coughing- and nemorrhages. I lost flesh and was all run Juwn. My breathing be came difficult and painful, and the doc tors pronounced me Incurable. "I decided at last to try Duffy's Pure Malt Whiskey and procured a bottle. I be gau to Improve at once and gained 13 pounds the first two months. My cough was relieved, the hemorrhages ceased ami I now feel splendid In every way. I caa sleep soundly and have no more restless nights. "I cannot say too much in praise of Duffy's Pure Malt Whiskey, as It has per manently cured me after doctors' medi cines failed to do any good." 'MINNIE GILROY, Morrison. Colo., November 21. 1905. Duffy's Pure Malt Whiskey cures coughs, colds, consumption, grip, bronchitis nnd pneumonia. It stimulates and enriches the blood, aids digestion, builds up the nerve tissues, tones up the heart and fortifies the system against disease germs. It prolongs life, keeps the old young and the young strong. It contains no fusel oil and Is the only whiskey recognized as a medicine. This is a guarantee. CAUTION When yets ntc for Daffy Pare Malt Wh!ikey be tare yoa sset the gen-ntae. Uascrapaloaa dealers mlsafal ef the excellence of thta preparation, will try to sell yon cheap Imitation aad malt whlakey aubatltntea. which are positively harmful. Demand "DaSy'n" aad be Rare yoa feet It. It Is the only abaolatrly pare Malt Whiskey. Sold In rated bottles only; sever la balk. Look for the trade-mark,. the "Old Chemist," ea the label, aad be certain the seal over the cot 5c la aabrokea. All drasnclata aad croeenu or direct, 51.89 a bottle. Medical Booklet aad doctors advice free to any oac. Daffy 31alt AVhtakey Co., Rochester. New York. and Winter, when large shipments were made to the East. This exhausted the flocks which otherwise would furnish fat sheep now. Oregon has plenty of sheep, it is explained, but the supply of mutton sheep Is unequal to the present heavy demand and Importations from the Mississippi Valley are required to supply thtj deficiency. r Newbro's Herpicide Is Elected President or the Port land Women's Club. The Portland "Women's Club yesterday elected Mrs. W. Wynn Johnson as presi dent. The new president lit eminently fitted for the position to which she has been elected. Her opponent was the for mer vice-president. Mrs. Robert Lutke. who has great ability as a presiding offi cer. Mrs. Johnson won by three votes. The new officers arc: President, Mrs. "VV. Wynn Johnson; vice-president, 3lrs. G. M. Gllnes; second vice-president Mrs. 31-' A. Ogden: recording secretary. Mrs. Charles Smith: financial secretary. Mrs. W. H. Fear: treasurer, Mrs. C N. Ran- j kin: auditor. Mrs. C E. Runyon; directors. ; Mrs. II. S. Glle. Mrs. Ellen Ross-Miller. PERS.ONALMENTION. Alex Gilbert, a well-known capitalist of Astoria and Seaside, has returned with Mrs. Gilbert from a protracted visit to California. Mrs. Gilbert's health is much improved. x Miss Gladys Lang, daughter of T. Lang, was successfully operated upon at St. Vincent's Hospital yesterday .for appendicitis. Her speedy recovery Is promised. Mrs. C M. Wood, president of the Ore gon Congress of Mothers, left Portland last night for an extended Eastern trip. Mrs, Wood will attend the National Flor ence Crittcnton Convention In Boston as a delegate from Oregon, and after visits at New York and Washington will return West by way of Los Angeles, where she will be present at the National Congress of Mothers. CHICAGO. April IS. (Special.)-Tho fol lowing Portland. Or., people registered at local hotels today: At the Auditorium J. F. Batchelor. At the Great Northern D. Marx and wife. At the Palmer House Mrs. J. W. Hall. Mrs, Davis. NEW YORK." April IX Special.) The following people from the Pacific North west registered at New York hotels today: From Portland Mrs. L. Hoffman. Miss Hoffman. H. G. Eilers. at the Hotel As tor; F. S. Morris, at the Imperial. From Spokane W. C Hooker, at the Continental. From Seattle Miss N. Patcrson. at the Bristol; M. F. Wolcott. A. F. Edwards and wife, at the Wolcott: J. W. Corson, at the Hoffman; W. Slover. at the Gllsey. From Tacoma T. L. Peterman. at the Earilngton, STORM SWEEPS PRAIRIES Western Nebraska and. Eastern Colo rado Under Snow and Sleet. OMAHA. April 13. A wind, snow and sleet storm of unusual severity is re ported syccplng over the western part of Nebraska and extending into Eastern Colorado and the Black Hlllst At Union Pacific headquarters the storm was re ported most vere In the vicinity of Julcsburg. Colo., where the wind was blowing at the rate of 96 miles an hour and a heavy snow was falling and drift ing. East of North Platte. Neb., the storm was also severe. On the Burllngton-the storm extends west from Alliance. The temperature Li dose to freezing. Along the Northwest em the storm is known to extend from Lone Pine. Neb.. Into the Black Hills. Sheep Shipped From Nebraska. For the first time In the past 15 years Portland residents are getting their mat ton from Nebraska aad ether states ef the Mkidle West. Cars ef fat sheep are coming tato the Treateale yards dally. conKgsed to the stea-rhteriBg heases there, and it Is expected that a "total of four or five long trains, carry! g between fi and sheep, will reach the Part- land markets . he fere the heme raages agata saaely fat sheea. The re9 fer the seareky ef Oregon motion iest new b explained by the Wg Aemaaa fer Oregea sheep hi the Fan Eysry woman inoold Have beautiful and abundant hair, (or nature LrmMy rewatd't tfioic vho labor mteJWcntly to pfotrvc and beautify i. ! your hair oil or tw,ky7 Is it dry. duIIorkuterIe Have Iou dxndtuM If . yuu should use Newbro's Hrrpxjde at oacc It 3U the jtto of rnKtote that casaes dandntff and falling haa. alter which, the hair will grow ai nature intended. It itopi itching of the sralp almo.t indantly and(-rves the auurance of a cute from the very firtt application. It contains no oil or grease, and is unsurpassed for its dajflttftesi. It makes the hair light and fluffy and gives it a silken gloss. At, Drag Stores Send IOc. in stamps to T5e Herpicide Company, Department N, Detroit,, Mich., for a sample. Some drag clerks are paid a 6 percentage on their ajns for substitute for standard articles. Insist on Barplelda. WORKS WONDERS A WONDERFUL COMPOUND. CURES PILES, EXCEMA SKIN ITCHING, SKIN ERUPTIONS, CUTS AND BRUISES . Doan's Ointment is the beet akin treatment, and the cheapest, because so little is required to cure. It cures piles after years of torture. It cures obstinate cases .of eczema. It -cures all skin itching-. It cures skin eruptions. It heals cuts, bruises, scratches and abrasions without leaving- a scar. It cures permanently. Portland testimony proves it. Mrs. Jj. C. Heidlebaik, of 632 East Tenth street, Portland, Or., says: "In my experience Doan's- Ointment is the best remedy I ever used for the complaints it is guaranteed to cure. It brought me almost immediate relief more than I ever expected for I had been annoyed for a year or more with itching hemorrhoids, which, although not serious, were very annoying. I heard.about Doan's Ointment and got a box at a drug store. Its use gave me the highest opinion of such an effective remedy." FOR SALE BY ALL DEALERS. PRICE 50 CENTS FOSTER-MIL1URN CO., BUFFALO, NEW YORK, Sole Azeata for the United States REMEMBER THE NAME DOAN'S AND TAKE NO OTHER