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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 18, 1907)
8 , THE MORNING OREGOXlAN. WEDNESDAY, DECEMBER 18, 1907. SALMON KING'S CLAIM INVALID 'light to Exclusive Fishing Privileges in Rogue River Is Denied by the Court. LONG LIST OF DECISIONS v . rhlrteen Appealed Cases Disposed Of at , Salem Geer Not Triable on Odell's Sale, of "Base" tor State Lieu . Lands. BAUJM, Or., Per. 17 (Special.) At Its first pesslon aftor the close of the legal holidays the Supreme Court handed down decisions in 13 appealed eases. Anions the cases decided is the Hume fishery case, in' which the court declares that R.P. Hume's grant of fishery rhts on Rogue River is Invalid. Hume has' as serted exclusive fishing rights for years. The courti also decided the Summers suit seainst T. T. Geer, I B. Geer'-.nd W. H. Odell, holding that the, Geexs are not liable on Odell's contracts for the sale of "base" for the selection of lieu land. The complaint is sustained on demurrer as to OUell. Decisions in civil cases fol- low: R. D. Hum, appellant, vn. Nellie F. Btirnp. administratrix, and 27 others, re spondents, appeal, from Curry County. Hon. .1. W. Hamilton, Judge; affirmed. Opinion by Slater, ('. This Is a suit to enjoin 'the defendants from trespassing upon the plaintiff's al leged several fishing. Plantlff seeks to es- tflhllsh .n evr-liislvA and nrivnto riht to take salmon from the waters of the Rogue River with seines from Its mouth extending up about 1R miles. His claim la based upon grant, custom and prescription. The. river Is navigable above the point where the plaintiff claims this right. In. an, exhaustive opinion It Is held that his claim cannot be allowed. mat tne nam or nsnery in navigable streams Is a common one, and that he legislature could not grant an exclusive right. Georgo Summers, appellant, vs. T. T. Geer. B-. (Jeer and W. H. Odell, respondents, appeal from Marion County, Hon. George H. Burnett, Judge: reversed and remanded. Opinion by Kakin. J. This suit was brought to recover the sum of $94114 as damages for money 'obtained from plaintiff and others whose claims were assigned to him, by conspiracy and fraud. The complaint is 340 pages in length. It charges that defendants conspired to defraud all persons, desiring to purchase indemnity lands from the state, by withholding Infor mation as Governor and land agent, and re ferring all Inquiries to Odell, and for such Information, which Information was worth less. The court holds that there is nothing sufficient alleged against either T. T. or I.. B. Geer. but that the charge that Odell sold "mineral base" as good, when it was of no value Is sufficient to charge him. and the demurrer is sustained as to Geer and overruled as to Odell. Martha A. Kunz, administratrix, appellant, vs The O R. & N. Co., respondent, appeal from Multnomah County. Hon. J. B. Cle land. Judge; reversed, and new trial grant ed. Opinion by Moore, J. This was an action against the railroad to recover damages for the death of rv w. Kunz. At the trial below a nonsuit was granted, and plaintiff appealed. The accident occurred in the city limits, of Portland where there la a city ordinance limiting the speed of locomotives to six miles an hour, and one of the questions discussed and de cided is as to the effect of a violation of this ordinance. The., opinion says: "The acts of the defendant's serv-nts. in permitting an engine operated by them, to attain a velocity of 20 to 30 miles an hour across a public road at grade In the City of Port land, where the rate of speed of a locomo tive has been limited to six miles an hour, is a circumstance from which negllgance might reasonably have been Inferred by a Jury, and particularly so, when in conse quence of a deep cut and of other obstruc tions to a. view of tite train going towards the city, a person on the highway was pre vented from seeing a locomotive at any great distance until ne reached a point on the public road about 50 feet from the crossing." The Judgment, however. Is not placed alone upon that ground, but rather upon the proposition that If Kuni was driv ing a team that was reasonably safe and tractable, and having driven on to the rail road track and the team stopped so he could not urge them forward or pull them backward, it was a question for the railroad to show that the engineer could not in the exercise of reasonable prudence have seen the team and stopped the train In time to hsve avoided the accident. And this was for the defendant to show, and the Jury to pass on. . George P. McNear. respondent, vs. George Glnstin. appellant, appeal from Clackamas County. Hon. Thomas A. McBride. Judge: affirmed. Opinion hy Bean, c. J. This was a suit to quiet title. The re spondent held the title, but the appellant defended on the ground that he had been In 1 the possession of it for ten years and owned by virtue of the statute of limitations. The court holds that the acta of possession of the appellant were disconnected, at Irregular Intervals, and of brief duration, and not of that open, notorious, exclusive and con tinued possession demanded by law. Krebs Hop Company, respondent, vs. T. A. I.lvesley & Co., appellant, appeal from Marlon County, Hon. George H. Burnett, Judge; affirmed. Opinion by Bean. C. J. Action upon a contract for the tale of hops. The plantlff made a contract with the defendants for the sale of hops to be grown on certain lands of ptalntlif in Polk fount y. payments to be made, at certain tlmea before the delivery of the hops. Be fore the time for the payments became due, the plaintiff sold the land to Iadd & Bush, and the defendants claim that was an sbandonment of the contract which released them. The court holds that unless one party puts It out of its power to fulfill the con tract, the other party cannot by reason of the transfer treat the contract as abandoned. And the plantlff having stilt the powr to fulfill the contract on Its part, the action (will lie whenever the defendant falls to per form. W. o Cooper, appellant, vs. Emma Blair, respondent, appeal from Marlon Countv, Hon. William Galloway, Judge: reversed. Opinion by Bean. C. J. Suit to determine adverse claim to real estate. The court holds that plalntiff a claim '- i" ifiuii ib gooq J. W. Ttoots. respondent, vs. Boring Junc tion Lumber Company, appellant, appeal from i larksmas County. Hon. Thomas A. McBride. Judge: decree affirmed. Opinion by Besn. C. J. This was a suit to enjoin the defendant from cutting certeln tlmher into rordwood upon the ground that It was not embraced In the contract to cut saw timber. The court below neld that such words. In the con tract in question, meant only such timber as could reasonably and profitably be con verted Into merchantable lumber, and this contention la upheld In the Supreme Court. Rolia . Knapp. appellant, vs Kdgar T Wallace et si. defendants, and James Camp! respondent, from Josephine County, H K Hanna, Judge; reversed. Opinion by Kakin. J. Held that the defense of former fore closure suit is Ineffective becausa Insufficient service of summons In that case. Robert Brown, respondent, vs. George W. Lewis, appellant, from Josephine Vounty, h! K. Hanna, Judge; affirmed. Opinion by EsJcin, J. Jean St. T.uc rte Roboam. respondent, vs Augustine Schmldtlin, appellant, appeal from Jackson County, H. K. Hanna, Judge; re versed. Opinion by Bean, C. J. Four cases. .Ti H. Sutherland. Cham HI, Douglas County-Bank and H. Marks & Co.. all respondents, vs. Thomas C. Bloomer, ap pellant, from Douglas County. J. W. (Hamil ton Judge; all affirmed. Opinions by Judge King. J.. W. Flshhurn, trustee, appellant, vs. 7.. B. l,omberhausen, respondent, from Tsm hlll County. George H. Burnett, Judge; af firmed. Opinion by Judge King. PICKPOCKETS MAKE BIG HAUL Organized Gang Doing Profitable Stunts in Tacoma. TACOMA. Wash.. Dec. 17. (Special.) That an experienced gang of pickpockets Is profitably working in Tacoma is the belief of the police. Five men last night picked the pockets of H. A. Hansen, tak ing a purse containing $150 In cash and his tickets, checks and waybills for his household goods. Hansen was on tfia Northern Pacific train en route to Pe Ell, when the men crowded against him In the car and then leaped from the moving train. i WhIJe riding on the cable last evening, pickpockets secured a purse containing $35 from the pocket of a resident . of Lemon's Beach. Three other robberies occurred on the cable during the evening rush hours, the aggregate loss being ,100. ' A $200 diamond ahirtstud was stolen from Dr. Garrett last night while- tha latter was ' in line at a theater box-office. TACOMA IS CLEANING HOUSE Disease-Breeding Shacks Burned by Order of Health Board. TACOMA. Wash., Dec. 17. (Special.) Fifteen of the old shacks on the Old Town waterfront, recently condemned by the Board of . Health and the Building Inspectors, were destroyed this morning, being torn down and burned by a crew of men employed by the Northern Pa cific on whose property the shacks stand. The destruction of the shacks was the result of eight years of effort on the part of the health department Action was taken today by Dr. Green to condemn a number of buildings on D street occupied by Hindus. Italians and Negroes. The buildings will be at once condemned. NEW TRIAL FOR BLUETT SUPREME COURT FINDS PROSE CUTION IX ERROR. District Attorney Talked Too Much About Other Cflmes Commit ted by Defendant. SALJSM, Or., Dec. 17. .'Special.) Three criminal cases were decided by the Su preme Court today. George 1. Blodgett, convicted of killing Alice Minthorn, has been granted a new trial because of er ror iof the court in permitting the Dis trict Attorney, to comment on other crimes defendant had committed. A decision of broader effect and of much more piIic interest was that in the Corvallis Club case In which sale of liquor by a social club is held to be a violation of the local option law. The liquor Interests lost another case when ftie court upheld the law making it a misdemeanor to permit a female under 21 years of age to remain about a sa loon. The decisions In criminal cases fel low: State of Oregon, respondent; vs. Chas. M-. Kline (Jointly indicted with Merwln Mc Mainles). appellant, appeal from Benton County. Hon. U T. Harris. Judge; affirmed. Opinion by Moore, J. . ( This is a prosecution under the local op tion law. adopted by Initiative at the last election. The court holds that such law need not be submitted to the Governor for his approval or rejection; that the order uf the County Court declaring the result of the election Is prima facie evidence of the regularity of all steps leading up to that result; that if the Corvallis Club owned the liquor, and gave or sold it ito the person named with a design of evading the local option law, then the party who sold or gave, it away was guilty, and the fact that there was a club handling the liquor and the do' fendants were the agents of the' club would not exonerate them; that the issue of a federal license by the Government is prima facie evidence that the person holding such license is selling, exchanging or giving away Intoxicating liquors. The court further holds that affidavits and documents accom panying the transcript, though certified by the clerk,' will not be considered on appeal, unless attached to and made a part of the till of exceptions. The State of Oregon, respondent, vs. King W. Baker and Adolph Johnson, appel lants, appeal from Multnomah County; Hon. A. F. Sears. Jr., Judge; affirmed. ' Opinion ty Bean. C. J. The appellants were convicted in the court below of permitting a female under the age of 21 years to remain in and about a saloon kept by them In the city of Port land. The defendants contend that tho act of the Legislature of 1905 prohibiting such an offense was and is unconstitutional. This contention Is dented by the court and the act held valid, and an Instruction in substance that It the defendants were the proprietors of a saloon where intoxi cating liquors were sold, and permitted the minor to remain in and a (.out ths saloon unaccompanied ' by her husband or parent and that she was under the age of '21 years, the offense was complete. State of Oregon, respondent, vs. George l. Blodgett. appellant, appeal from Mult nomah County, Hon. M.. C. Gorge, Judge; reversed and a new trial awarded. Opin ion by Slater. C. J. The appellant was tried and convicted of murder In the first degree for killing Alice Minthorn. alias Gordon. On the ..trial the State offered the confession of the appellant as taken down by a reporter. The confes sion was made in the form of questions by the District Attorney and answers by de fendant, and professed to give an account of the relations between the deceased and the prisoner, and the causes leading up to the killing which he admitted. After the reporter hid read this the defendant moved to strike them out. which was overruled, and this the Supreme Court hold was proper. But for error of the court below In allowing the District Attorney to com ment on the character of- the prisoner and allude to other crimes which had been committed in the, community, ' the case Is sent back for new trial. Petitions for rehearing were denied In the cases of Kramer vs. Wilson, Scott vs. White, Freeman vs. Trummer. George Blodgett waa much elated yes terday over the prospect of a new' trial and the possible commutation of t..s death sentence. He sat down at ohce and wrote to his ".if., father and two sisters. He was convicted in, April, 1908, before Circuit Judge M. C. George, for murder ing Alice Minthorn. a variety actress, in the Hotel Van Noy, at Third and Pine streets, oh March S3 of last year. Tha actress was shot before noon as she 1. r in bed In her room, Blodpett putting up the defense that he was crazed with drink at the time., having been in a besotted condition for months before the -time of the murder. coma High School, has. through his guardian ad lttem, asked for the. revoca tion of the appointment of his 1 mother as guardian. MacKall alleges that Mrs. MacKall invested all of his share . of the estate,- amounting, to $1?50. in prop erty in East St. Louis, and later sold tire property, without an order of court.. - MacKall.-in his complaint, declares that his mother has failed to provide for him in any way, leaving him without.money for the necessities of life and even with out proper clothing In which io attend school. - . i. IWVMI.I to? v DRESSERS Will supply you with every necessity for your Christmas table. But order . early if you want to be sure. CHRISTMAS POULTRY; CHRISTMAS . MEATS ' CHRISTMAS GROCERIES , ' CHRISTMAS BARING CHRISTMAS -PUDDINGS CHRISTMAS -WINES CHRISTMAS DELICATESSEN. CHRISTMAS FRUITS SPECIAL THIS WEEK Imported Smokad Norway Sardines, 10c a can; $1.10 a dozen. DRESSER'S The Biff, Bright Store. FIFTH AND STAEK. Toyla.uct I POSITIVELY The greatest vnlue of the neaton ever 'of fered in . the jewelry business. - Lowest Prices in the mapact which draws the crowds that keep oi:r staff of clerks busy. Value and prices like, these ought to win us your trade. We send all goods O. O. D. on approval with privilege of. examining- be fore paying. . . . . Here is a Special Bargain in "PTE of "the "mtrorngs fe- tvre .of thtsrxMle la lb , clt4cene of the Merchan dise, correct shapes and tyles of everrthtnar. Every article offered la desirable, and In many instances tne price irnotcd la but a mere trifle of tbe actual eoat of maanfaetnr. 144-146 Third Street, Between Morrison and Alder Sts. "THIS la not an end of tbe sea a on sale of , odds and ends merchandise that has been shown and handled (or months past but a sale of freah, new groods, bought within the past 60 days, at prices that enable us to aell them at never before heard of prices. A Sale Such as Portland H as r Hi SAYS OWN MOTHER ROBS HIM Tacoma Higli School Boj Declares He Is Irt Destitute. ' TACOMA. Wash.. Dee. 17. 'Special.) Charging his mother, Mrs. Rosa Mac Kall. with having; appropriated his share of the estate of his father and leaving him destitute and in want, Murray Mac Kall, 17 years old, a student at tha Ta- I.ADIKK WATCH Double Cafee, Movmnts, fitted In a genuine ?oil Kotu-nlled case, guaranteed for 'Id years.- No Jeweler In Ihe city will sell this wati:h for less than $15: our cut price, $8.75 this price otily while thev last. Other hlBh-erade Watches at similar reductions. ETnsraving your name on Watches free. Don't buy Watches until you see THE I. H3LSMAN CO. The busiest Watch House in Portland. Mail orders filled without delay. Diamonda, Watches, Jewelry sold lower than elsewhere. 149 THIRD STREET, v Near Morriaon St. Save 25 per cent oo Jewelry, Diamonds aod WatcbeM by Hen dine for our Illustrated Cutaloflrue, mailed free. With a regard for present conditions (though firmly believing in & near renewal of great prosperity), we have decided to encourage Christmas shoppers by offering at once a substantial cut, for cash only, on all goods which are eminently suitable for Christmas pres ents. In fact; every article in the house from the basement to the garret. It is only proper that merchants should do their share towards helping the rest of the community, when money is a little "tight," by foregoing a part of their profits and thus increasing the purchasing power of the circulating medium, whether it be money or clearing-house certificates. Not anticipating any halt in the great wave of prosperity, we bought too largely of Christmas and Winter goods. We must get rid of them as rapidly as rossible. No merchant wishes to carry Christmas goods into the new year. This is your opportunity. Checks, clearin-hous3 cortificates or money are cash with us. This sale will last from now until Christmas and will stagger all competi tion. ' TiiisSaleWillLastFromNow Until Christmas and Will Stagger All Competition rx Motion Department ,...15 to 75 ..25 to $1.50 . 50 to $1.50 ..25c to 31.00 . 50 to 91.00 25 - Extra Heavy Shell Back Combs, wide or narrow top Heary Shell Back Combs, all mounted ith new designs'.. Plain and Mounted Comb Sets from Ladies' Black Silk Belts , Ladies '-Black Elastic Belts , Ladies' Fancy Frilled Silk Elastic Supporters Ladies' Silk Elastic Supporters, put up in fancy boxes .35 Ladies' Black Leather Hand Bags, fitted with c-in purse to match 35 Ladies' Black and Colored Leather Hand Bags, newest styles 50 to $3.00 Children's Fancy Hand Bagrs and Purses 15 and 25c Comb and Brush Sets, with Mirror 75 to $5.00 Work Boxes with complete Sewing outfit 75t Pretty Handkerchief and Necktie Boxes, with , fancy covers . '. 35 to 75 New Postal Card Albums 10 to bx 1 LENNON'S Ts where you find the little Rough Rider Gauntlets that the vounpsters are no fond of this year. These gauntlets are very practical, warm and durable. Made with star and fringe. We ran fit little tota of three as well as the older chil dren 50 to SI. 50 All Kinds of Children's Gloves. LENNON'S Morrison St.. Opp. poatofflce. HARTMAN & THOMPSON BANKERS . CHAMBER OP COMMERCE issue travellers' checks, payable everywhere. For eign exchange bought and sold, at attractive rates at all times. VnlimUnd Ptrnrml Liability Toy Department Sleeping Dolls with jointed limbs and dressed in pretty costumes for ,. 35 Sleeping jointed Dolls, with slippers and stockings and spangled dresses 75c Imitation Kid Body Doll, jointed limbs and moving eyes 25 Large Kid Body Doll, with sewed wig, and sleeping eyes 65 Good line of Kid Body Dolls, jointed limbs and sewed wigs, from 50c to $2.50 Iron and mechanical Toys, extra values, from 25c to $2.50 Children's Story and A, B, C, Books, paper or linen, from ....5c to 50c Big line of games, suitable for young and old, from 15c to 75 c "i'SUvHosiery.Dndepv'r Pretty Embroidered Corset Covers, trimmed with Val. edging . .85c Corset Covers, front made with rows of tucks and insertion and trimmed with Val. Lae and beading . 65c Children ' Muslin Skirts, trimmed with lace and insertion 50c Ladies' Flannelette" Petticoats, plain and fancy colors 50c and 75c Infants' Knit Sacques 35t to $1.50 Ladies' pretty Scarf Shawls, plain white and fancy colors ............. ,75c Ladies' Knit. Shawls, large size ....... 50c Infants ' Bootees, white and colors 10c 75c Ladies' Fine Cashmere Hose, 35c grade... 25c Ladies' Lace and Embroidered Hose, special 50c Children'! Heavy Ribbed Hose, 25c grade.l9c "rVT ET7. Ti f h Never Witnessed II 4 V . JS-'-'..'v'V -C-a P ''" I .. ! Fancy Goods Dept. Ladies' Long Kid Gloves, Black and Colors. $4.50 values, for $3.50 Good line of Kid Glomes, all . colors and SIMS ...$1.00 Ladies' Silk-Lined Cashmere Gloves, black and colors r .65c Ladies' Black Cashmere Gloves 25c Misses' and Children's Golf Gloves 20c and 25c Fancy Embroidered and Laoe-Edge Handker chiefs 5 ea. Linen Embroidered and Plain Hemstitched Handkerchiefs . . 10c to $1.00 Linen Embroidered Handkerchiefs, put up in fancy boxes, per box ,...50c to $1.50 Ladies' Initial Linen Handkerchiefs 10c Children's Initial Handkerchiefs, 3 in a box, per box 15C Ladies' Embroidered and Beaded Chiffon and Silk Collars 35c to Sl.OO Ladies' Fancy Lae Collars ..15 to $1.00 Lace and Embroidery Collar and Cuff Sets, newest style ..Jpl.OO to 1.50 Ladies' Silk Scarfs, pretty Dresden patterns, 95c value, for 65 Domestic Dept. Irish Table Linen, 60-in. wide, new patterns, special 42c American Mercerised Table -Damask, 60-in. wide, good patterns 25c 10-4 Turkey Red Fringed Table Covers, $1.50 value, for . 69 White Linen Table Cloths, hemstitched or fringed, special $1.95 Linen Napkins, half dozen in a set, all the new est patterns, per set, from . .90c to$2.00 Gents' Furnishings Men's Silk Suspenders in fancy box. .. .$1.00 Men's Fancy Suspenders 50c Men's Four-in-Hand and Teck Ties ....25c Men's Four-in-Hand and Teck Ties in fancy box 75 Men's Silk Mufflers, from 50c to $2.50 Men's Initial Silk Handkerchiefs 50c Men's White Linen Handkerchiefs, 3 for 25c Men's Fancy Lisle Half Hose 50c Men's Black and Colored Lisle Hose...25c Men's Fancy Sox, 25c grade 3 for 50c Fine line of Men's Jersey Sweaters and Coats. $4 value, for ..$2.50 Gloat and Suit Dept. Ladies' Black Silk Waists, trimmed with lace insertion and tucks $2.95 Ladies' Cream Net Waists with lace yoke $3.95 Ladies' Plaid Silk Waists $3.'95 Ladies' Coat Sweaters, $5.00 value, for..$3.95 Misses' Coat Sweaters, white and colors. $1.95 Heavy grade Black Silk Skirts, with tucked flounce $4.50 Ladies' Fur Ties and Boas, large variety, from $1.50 to $10.00 Children's Fur Sets $1.50 to $3.00 Dress Goods and Silks Hemstitched Napkins, 5-8 size, ready for use. per dozen 60c Good Grade China Silk, all colors, per yd..2oc Taffeta Silk, fine grade and all colors ..43c Satin, all shades, special 29c Wool Plaids, dark and -light colors, 40c grade, for ...,25 56-in. Heavy Suitings, $1.35 grade, for. .$'1.00 144-146 Third St, Bet. Morrison and Alder, Portland, Or. iwiBwiiwmiwmaBw