Morning Oregonian. (Portland, Or.) 1861-1937, October 01, 1908, Image 11

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Morning Oregonian., October 01, 1908, Page 11, Image 11

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Newspaper Page TextIt THE MORNING OREGONIAN, THURSDAY, OCTOBER 1, 1908. for the company have been securing ex tensions of time in which to file a pe tition for rehearing. In th regular or der of things the petition would hava been filed wtthln days after the de cision, or on June 2. The laet request was that the time be extended to No vember 1 but the Supreme Court denied the request and set, the time for filing These pears were picked from trees on the property of this company when two-thirds ripe. They are less than actual size and the four weigh more than 5 pounds. These are samples . of the fertility of the soil in WILL WIN IN END there's a life in come for the man who owns a lO-acre tract in the at October IS. After the petition haa been filed It must be considered by the court and finally pas.ed upon before it will be known what the final result of the case Is. When the last request for an ex tension was made Attorney-General Crawford objected, for be desire that the case be ended before the Legislature meets ao that there will be no room for John Manning Engaged to Fight for Recovery of Property. question as to the right of the state. The decision of the court was that the present owner of the locks holds the same subject to all the conditions or tne original grant, one condition being that LEGAL WARRANT FOR HOPE the company shall pay to the state 10 per cent of the net pronts or opera' UMPQUA tlon. Attorney-General Crawford brought THUS in Ul . . i'rpt-ji ou Attorney Declares HI Client's Cause la Just In Equity and Sustained 4 by Law Third Trial of Salt In Supreme Co art. That P. A. Marquam will eventually win Ms lone-contested suit for the recovery of the Marquam building, is the belief of John Manning-, formerly District Attorney. He said last night that he has been em ployed as MarquaaVe counsel, and is aa soclated with W. D. Fen ton and E. B. Watson. He Intimated that other action additional to the notice of appeal, filed In the Circuit Court. might be taken In the ease, but declined to say at this time what it will be. In answer to the ques tion whether his employment aa attorney for Marquam is not significant, and whether it might lead to sensational de velopments, he replied. "Well, I know about all there Is to know about the Title Guarantee & Trust Company." This will make the third time that the Marquam caae has been taken to the Supreme Court. Suit against the United States Mortgage A Trust Company, the Title Guarantee & Trust Company, the Oregon Company and J. Thorbum Roes waa begun by Marquam the first time In ISM. When an attempt was recently made to reopen the case Judge Cleland decided that Marquam had no cause for suit. The appeal la from his decision. Should the Supreme Court decide that Marquam has a cause for suit, the case will probably go to a Circuit' Court Jury. In an interview with an Oregonlan re porter, Mr. Manning said yesterday: 6a ye Marquam liaa Been Wronged. "It la tru that I have been re tained by Judge Marquam to as sist In regaining his property, and I am going to do my level best to accomplish that end. 1 have been quite familiar with thla rase from the begin ning and ha,ve shared in the almost uni versal belief of the members of my pro fession, not only In this city, but through out the state, that Judge Marquam has been deeply wronged. And I have re cently gone over the entire grounds, aa you can see by these notes., only to find my opinion confirmed and wonder at the results so far. "With aU due respect, t think the late Judge Seara entertained the rtght view of thla case and believe that It was ahared la by his three associates on the Circuit bench and that unless thla caae shall prove an exception to the general rule, the right must finally prevail,' Judge Marquam will win out yet. This la not a oase, as I see It, where natural equity must yield to harsh rules of tech nical law, as some suppose. Both natural equity and technical law are on Judge Marquam 'a aide. If I am not badly mis taken, aa I think oan be demonstrated to every man of ordinary Intelligence. "The decision of the Supreme Court, reversing that of Judge Seara, turned on a single point. The vital question. In view of the 6upreme Court, waa whether the warranty deed and declarations of trust constituted a mortgage or trust, in the sense of the law. The court lava down the proposition that an absolute deed to a third party Intended to secure the payment of the grantors debts. Is a mortgage, and as the deed in this case waa so Intended, concludes that it waa a mortgage and not a trust, and, there fore, not within the rule of eqult? which prohibits a trustee from acquiring an interest in the property placed in his hands in trust without the owner's con sent. See Marquam vs. Rosa, 47 Or. 374, 378. Trust Deed Not Mortgage. "But the proposition is too broad. It is not universally true that an absolute deed of property to secure the payment of the grantor's debts la only a mortgage, and the grantee in possession under It, a mere mortgagee in possession, and not a trustee. If the deed is given to se cure the payment of the grantor's debts, by himself, snd that is all there la of It, it Is certainly a mortgage, and not a trust, aa every lawyer will concede. But If the deed la riven to secure the pay ment of the grantor's debts by the grantee, out of the property, or Its In come, or by any use therefrom. It is not a mortgage, but a trust, aa every lawyer knows. Ttje test is whether the deed is given to secure the performance of the grantor s personal obligation to pay hia debts by himself, or to secure tlielr pay ment by the grantee hy means of the property Included In the deed. In the first case It Is a mortgage and In the second a trust deed. Tiiis distinction Is established by every decision on the sub ject and In none more clearly than by that In the rase of Lndd vs. Johnson. 32 Or. 19&. rendered by Mr. Justice Bean. "Judge Marquam's rase belongs to the last elasa. The warranty deed and decla rations of trust show that his debts were to be paid by the Title Guarantee A Trust Company, out of the Income and if neces sary out of the 'properties and the pro cede whlrh may arise therefrom, etther from rents. Issues and profits or from sales.' as recited In the supplementary declarations and agreement of trust of November IT. 1S9S. which converts such "proceeds' into a trust fund" and the property into 'trust properties' for the payment of these debta. Judge Bellinger' Opinion. "The pleadings ss well as evidence show that Judge Marquam had no means left to pay anything on these debts was not expected to pay anything, and never asked to do so. He was 'all In' so far as financial means or credit were con cerned. The late Judge Bellinger directly decided that this deed and declarations of trust. In this Instance, constituted a trust and not a mortgage, in Title Guarantee A Trust Company vs. Northern Counties Trust. 73 Fed. Rep. 931, and the Supreme Court cited this decision with approval in the rasa of I.dd va. Johnson. 33 Or. 1M. which waa almost an Identical case. "But I think I have said enough to ex plain my position. Judge Marquam has clearly the right to present these questions to the Supreme Court a pain In his present suit and I cannot help feeling hopeful of the result" PLAYING HARD FOR DELAY Portland General Dislikes to Give fp Prof I is From Locks. SALEM. Or.. Tt- . (Special .) The Portland General Electric Company, which owns the lock at Oregon City. Is evidently playing hard tor delay in the suit brought by the state aitalnst the company to determine the rixht of the state to a share of the p rents of the locks. The case was decided by the Su preme Court last May against the com pany. Ever sine then the attorneys suit for an accounting aa to these profits. Supreme Court Cases Set, SALEM. Or., Sept. 80. (Special.) Clerk T r Unrftlnnif nf lhA ftunrnmn Court- has set casea for trial in that court aa follows: October IS, 2 P. M.. Clark vs. Boosey. October 14. 10 A. M.. Davis vs. Cham berlain; I P. M., Webb vs. Helnta. October 15, 10 A. M-, Coffey vs. Smith, three cases; t P. M.. Coqullla Milling as Manufacturing Company vs. Johnson. NEED FUNDS FOH CAMPAIGN DEMOCRATS SLOW IS OPEXIXG PURSES FOR BRYAS. Chairman Thomas, However, Says He Is Pleased Because Some Re publicans Are Subscribing. Raising money for the Multnomah County Democracy Is not the easiest task on earth, according to Chairman George H. Thomas. Whether the Multnomah County Democrats are broke or Just a lit tle bit skittish about delivering their money. Mr. Thomas Is not prepared to say. Nevertheless, he eays he is quite happy over the results shown so far, be cause most of the dollars that are finding their way Into the treasury are from Re publican votera. "If we had $1500." said Mr. Thomas yesterday, "we could' carry the county like breaking sticks. I am not discour aged, even If the largest subscrlpuons thus far nave been only 126. and there have been only a few of these. We are picking up a dollar here and a dollar there, and 1 would only be too glad to print the names of those who subscribed, but a great many of them are Repub licans and refuse to make public their donations or be known other than aa 'cash.' " Mr. Thomas takes the subscription of Republican money as a hopeful sign, in fact he is so Joyful over the fact that when one of the wealthiest Democrats, a man who Is credited with having "all kinds of money," donated only i2b and re fused to have his name inscribed along side of the donation. A wit around Dem ocratic headquarters said the man had two reasons for not wanting his name mentioned. One was that he waa too modest and the other that he did not want his brethren to know Just how lit tle he gave. It was announced yesterday at head quarters that John H. Stevenson, ex Deputy District Attorney and formerly a newspaper man. would stump Eastern Oregon for Bryan. Mr. Stevenson will go into the sage brush country and be one of the Bryan spellbinders. WANT PAY FOR CAMP Washington X. G. May Sue to ob tain Pay Said to Be Due. SEATTLE, Sept. 30. Unless the state pays the members of the National Guard, of Washington, officers and enlisted men, what la due them for the last encampment at American Lake, mandamus proceedings will be brought by Corporal Reevea Ayl more, attorney for Company B, Third Ar tillery, against General Otla Hamilton and the courts will be asked to order a thor ough investigation of the moneys set apart for the state military fund. . Under the laws of the state the enlisted men are entitled to 31.50 per diem during the camp, corporals 11.75, sergeants 32, and enlisted officers pay according to length of service. TOM REYNOLDS TRANSFERRED Comes to Portland After Long Wells Fargo Service. Saltm Statesman. After being a resident of this city off and pa since 1857, and for the last 18 yean 'agent for the Wells Fargo Express Company in the local offices, "Uncle" Tom Reynolds has received a transfer to the Portland office and it is said there goes with It a well-deserved Increase in salary. Mr. Reynolds Is one of the most well known citizens of Salem. In 1857 he arrived in Salem after serving a year as Army messenger at The Dalles. He Immediately took a position with the Statesman. At that time A. Bush was editor. It was here he learned the printing trade, temporarily deserting It for another year in the Army in lSbi. After leaving the Army he spent sev eral months on The Oregonlan, work ing as a printer, but was appointed Deputy Sheriff under J. J. Murphy In 186$ and returned to Salem. He was attracted to the express busi ness after serving efficiently as a peace officer, and determined to grow up with the rorporation, ao he started working as express driver in Portland; was later transferred as a messenger on the West Side road and then to the Southern Pacific through thla city. For over ten years he retained that posi tion and then was given the agency of the local offices. Not only ts Mr. Reynolds widely known throughout Oregon, but he haa a reputation among railroad men which is far reaching. O. J. Gould will take up the duties so long rarried on by Mr. Reynolds. The latter will be under General Agent H. Beckwith in Portland. 1 Excavating Proves Fatal. SSATTLE. &pt. 30. John Orsinl. an Italian laborer. 50 years old. and his son, Dominica, ti years old. were caught un der ten tons of earth in a collapsing ex cavation wall at Third and Madison thia morning and the old man died on the way to a hospital. The son escaped with severe bruises. This Is the eighth death of a similar rharacter In the city during the past six months. MADISON BRIDGE IS SHAKY No More Cars With Trailers to Be Run Over Structure. Beginning this morning no more cars wlta trailers will be run across the Madison-street bridge. An order to this ef- MMmK !a j !$pN --mem LEI WHAT IT MEANS TO YOU The purchase of 10 acres of this land now, before the price goes soaring, at our low price of $150 per acre, easy terms, means a life income of from $4000 to $5000 a year to you when the trees we will set out this Fall come into bearing. Buy and pay for your tract now and live in luxury the balance of your days. It means home, fortune and independence for you. NOT A SINGLE ACRE OF THIS LAND WILL BE OBTAINABLE FOR $150 per acre after this week. w. COUPON C Harding Land Co., 80 Fourth St. Please tell me all about your ROSEBURO HOME OR CHARD TRACTS and Inform me how I can Join your party of 10 people,' leaving Satur day, AT NO EXPENSE TO ME. Name. Address The Roseburg Home Or chard Tracts are located in the Umpqna Valley, the richest, earliest and most productive valley in the State of Oregon. The scenic environment is magnificent and the cli mate is unexcelled any where. Rainfall only 35 inches per year and irri gation unknown. Kruit raised here commands a premium in every market. Fruits are not only two weeks earlier, but the ap ples and pears develop a higher color and possess a more delicious flavor than in any other section of the Northwest. Soil is a sandy loam, and is all river "bot tom land. Drainage per fect. Pure water and an abundance for domestic use.- Less wind than any part of the world. Tropi cal fruits of every kind save citrus. Originally known as Garden Valley.. HOW WE DO IT TVe offer this land at $150 per acre, upon the easiest kind of terms. We will set it all out to trees this Fall at actual cost. We will attend to the development of the orchard, if you wish, for three years. Meanwhile, ... will set out such vegetables as will net the largest pronts between the trees. This will be at our expense. We will cultivate the soil, plant and harvest the product, sell it for you and turn over one-half the net pronts to you. WE WILL TAKE 10 PEOPLE DOWN TO THE PROPERTY SATURDAY. Will you got W. C. HARDING LAND COMPANY, INC. Board of Trade Building-Ground Floor main - 80 Fourth Street feet was Issued yesterday by the County Commissioners. . "We are afraid the old bridge will not stand such heavy traffic aa has been going over It all Summer," said Judge Webster last night, "and for that reason have felt that the order was necessary." The Estacada cars, which on Sundays sometimes run In fouj-car trains, will be the most seriously affected. The or der will also affect the heavily-loaded Mount Scott trains and those of the Oregon City line. As the Oaks has now- closed for the season, the cars on that line will not be affected. Disappears, but Is Ftound. ALBANY. Or., Sept. 30. (Special.) Leaving; a note stating- that she would never return and that it would be use less to search for her, Mrs. W. T. An derson disappeared from her home In East Albany early this morning. Her absence occasioned considerable alarm until she was found about 10:30 o ciocK four miles north of Albany, having walked that distance. Mrs. Anderson left a six-months old baby and other small children at the house. Her mind seems to be in a normal condition but she will give no reason for her action. Butte. Mont. What apparently was the tall of a comet, very distant, was witnessed In the heavens of this city from about o'clock until 10:30 Wednesday, when clouds obscured further observation. The streak showed no vibrations. The phenomenon waa al ao obaerveq in aaissouia. t. . SSl-,- " . I I I -til rja; .iu , . ' :C5& i - xi it :; . j r .a.:;.. - .r'SSS" $r. r ft :; i iTi'jyz' I w K Ul Mv ' 4 a I :i-r. ; -J -I i' i . I u ' iir I :: 1 A x if i( m i V . 1 :A ' - '" f If'' -Jf M ' ::; ' r"t wr- I L ,t , .i V ii Mi ft' i.n i i i1jS-. . i,, h.iv.awwaaj i OREGON VETERANS Vf MATT! LA CELEBRATE ANNIVERSARY OF RRTVAL OF THE SECOND OHEGOW REGIMENT IN PHILIPPINES. The above photograph wa. received yesterday by Colonel Charles E. MeDonell. Under the Picture the following Is printed: "test we forget.' Those of ua who are left celebratins; at Manila. PI, on June SO Vrrfvil of Second Oregon I'nited States Volunteer Infantry, at Cavite, P. I, on June 30 1908 the arrival of theSecond Oregon United States Volunteer Infantry, at Cavite, P. L. onJune 30. 1898. The six mus keteers lTyears after landing are (readme from left to right) : Top row-Captain J. Frank Case, Chief Engineer Sewer and Water Works Construction oj Manila, P. L: First Lieutenant George i N Wolfe, Dlree Vor of insular Prisons, Manila, P. I.; First Ueutenant Albert J- Braree, manager of the Philippine Planta fon X Commercial Co, at Mas hate. P. I. Lower row-captain H. L. Heath Pine Plantation Commercial Co, and agent for the Tubbs Cordage Co, of San Francisca and the Portland Cordage Co.. of Portland. Or, and Seattle. Wash.; Major Philip G. Eastwick, manager International Bank ing Corporation, at Manila. P. I.; Captain Elmer O. Worrlck. owner and manager of the Morene Hemp Es tate Co, of Dalt. Province of Ambos Camarises. P. L SAYS IT MUST MAKE GOOD PRESIDENT CAMPBELL TELLS OF UNIVERSITY'S DUTY. Outlines Expenditure of Recently Acquired Appropriation Before Large Assembly. UNIVERSITY OF OREGON. Eugene, Or, Sept. 30. (Special.) President Camp bell addressed the students this morn ing in Villard Hall at the regular as sembly hour. He outlined briefly the disbursement of the recently secured ap propriation. Forty-six acres of land were purchased this Summer to provide for the expansion of the University. The library, "the heart of the institution," as President Campbell called It, came in for a good share of the money. He men tioned the large Increase In the working force, the growth of the correspondence department, the changes In the faculty, the new buildings, and dwelt at length on the marvelous growth in the regis tration, which at present is close to the 609 mark, or about 100 more than this time last year. "The necessity of making good our promises is a very serious responsibility." said President Campbell. "The state gave us the appropriation and "making good' should be the keynote of the year's work." He emphasized the need of well-trained men in all activities and especially point ed out the seriousness of the first year's college work and the need of a capacity for sustained effort and regularity In habits. Miss Morgan, of the music department, rendered a piano solo. The attendance was probably the largest at any opening assembly in the history of the institu tion. The first regular meeting of the student body occurs next Wednesday. Technical Point to Be Decided. Upon the question of whether or not the Presidential election Is a general election hangs the placing of the Mount Scott annexation question on the ballot at the election next month. Judge Gantenbeln. of the Circuit Court. Issued an alternative writ of man damus yesterday directing- County Clerk Fields to place the question on the ballot, or show cause Friday morn ing why he should not. Deputy Dis trict Attorney Thad W. Vreeland will represent Mr.- Fields when he appeara In court Friday. O. N. Ford filed the petition for the writ. Charles Stout and George F. Martin will represent him. September Work of Juvenile Court. During September 27 children were taken before the Juvenile Court. 20 being boys and seven girls. Three were taken before Judge Gantenbeln for burglary, four for larceny, one for smoking cigarettes and two for vag rancy. . Five were incorrigible and one was guilty of destroying property. It was found necessary to send two to the Oregon State Reform School, two to the Boys' and Girls' Aid Society and three to the Frazer Detention Home. One was remanded to the Circuit Court and 13 were placed on probation. Warning was given to three, their cases being dismissed and three other cases were dismissed for want of evidence. The ages of the children ware as follows: Ten years and under, ; 11 to 13 years, 4; 14 to 15 years, 6; 18 years, S; 17 vears. 3. The nine children who are classed as dependent were brought ln- to court because of family troubles. carelessness and Indolence. Letters ofi warning were sent during the month to 22, and 17 cases were Investigated! but not brought Into court. GRANGE FAIR A SUCCESS- Admission Included Dinner and' Yankton Was Very Busy. ST. HELENS, Or., Sept. 30 (Special.) The fair held at Yankton, four mllesl from St. Helens, today, was the first ex hibit of agricultural products and stock In the history of Columbia County. It was manaeed end financed by the local grange of the Patrons of Husbandry and was a revnarkahle success in every par-; ticular. The exhibits in every line were excellent and the display of the horti cultural products was worthy of especial commendation. A novel feature of the fair was that: the admission price Included dinner, and the resources of the community were taxed to feed the throng of nearly 400 who gathered at the tables. All pre miums were paid in full as soon as the awards were made. In addition to the hall display, there was a fine showing of stock and poultry. The success of the venture will probably lead to the organization of a fair association to) conduct an annual county fair at soma convenient point. BLACK DRESS GOODS. Black dress goods and silks on sale to-' day at wholesale prices. The most com- plete stock of high-grade fabrics in the city. McAllcn & McDonnell, Third and Morrison. Owls. Again In Difficulties. . DEiA 1 A A-XV, crcasi.. wv.- . " former srand secretary of the Grandl Nest or owis, tnis morning orouRnt buh i i a .Aeit rvturt ncnlnut t hat or ganization for J1466.69, alleged to be due for services. Members of the Owls say this action aX law i me tuiummuun of the aeries of financial troubles wliich i v.-4- (ha iT-rlAr linfji itn- fnrerttion IlUVrj Utcv u mo v " - -j and that It may sound the death knell of the brotherhood. NEED A NEW SUIT? Want it Tailor Made? For less than ready-made? Bead this afternoon's papers. COLUMBIA WOOLEN MILLS CO.