Morning Oregonian., December 08, 1908, Page 12, Image 12

THK MORXTXO. OREGOXIAN, TUESDAY. DECE3IBER 8. 1903.
13
COMPANIES MUST
COMPLY WITH
LI
Corporations Formed in Other
States Must Qualify With
Secretary of State.
WOLVERTON SO DECIDES
Organizations Mnst Declare Inten
tions of Doing BuMness In This
Commonwealth Before Legal
Kxistence Is Established.
Before foreign corporations can have
ny standing In the courts of this state,
t!iy must comply with the provisions of
thK stat law, which requires that all
corporations organized In another state
must qualify with the Secretary of Slate
ly declaring their intention of cnKugalng
in business in tills state before they can
assume a local existence here. This Is
the substance of an opinion rendered by
I'nlted itates Judge Wolverton in the
iVderal Court yesterday.
The case decided was that of the
Cyclone Mining Company, a corporation
organised tinder the laws of South Da
kota, nsralnst the Baker City Light &
Tower Company, the Baker City Gas &
Klectric Company and the Rock Creek
I'ower & Transmission Company. The
plaintiff corporation contracted with the
defendant companies for electrical power
to be supplied during the year 1901. at
its mining properties about six miles
from Baker City. The service contracted
for, it is alleged, was not supplied, and
the South Dakota corporation instituted
suit In the United States Court for dam
ages for alleged breach of contract. The
defendant companies interposed pleas In
abatement contending that the plaintiff
corporation had not complied with the
provisions of the Oregon law relating to
the operation of foreign corporations In
this state. To this plea the complaining
company filed a demurrer, which Is dis
missed. It was urged by the plaintiff that only
the state could take advantage of a non
compliance with its statute regulating
the doing of business in the state by
foreign corporations, and that one deal
ing or contracting witli a foreign cor
poration not authorized to do business
In a state other than of its creation, is
estopped to deny that it Is without such
authority. After holding that the de
fendant companies had the right to
resist the suit of the complaining, cor
poration, and that the Federal Court has
the right to interpret state statutes,
Judge Wolverton In his opinion says:
Xor are the defendant entopped hy renn
of their contractual relations with the
plaintiff from lnslrtini; that the contract la
void and the plaintiff without leBal rlKht
or capacity to sue for tt) breach thereof
hecauxe If no estopped, the plaintiff wouin
l.e permitted to take advantaKe of Its own
offending acts done in derogation and e-n
In defiance of the law. It would be a re
volting doctrine, fraught with Inconceivable
deleterious results, it a foreign corporation
could come into a state not its own and
there carrv on a business In direct de
fiance of the provisions of law. by which
It may capacitate itself for the transaction
of business therein, and lhn validate Its
arts because, forsooth, parties had dealt
with it; for but few others have cause for
suit except those having- contractual re
lations in some form with such corporations.
True, the state might interpose to pre
vent the further doing of business within
its borders, but that is beside the question
that an offendlnc thing shall be clothed
wllii ample authority to enforce Its con
tra. t am-where BimiilV because others have
contracted with It. Suppose the slate, by
statute, had utterly inhibited foreign cor
porations from doing buin-ess therein, as
it has a perfect right to do. what standing
could such corporations asqulre by doing
business therein nevertheless? What comity
would remain for doing such business, and
what coniltv for suing in the courts of the
state to enforce their contracts? None
whatever. The comity being gone, the
right in either aspect is entirely abrogated,
and none exists, fan it be that the right
niav. nevertheless, exist by estoppel? Such
h proposition is utterly without persuasive
force. Jn what situation is a foreign cor
poration that entors another state without
the observance of conditions precedent to
Its doing business therein? None that I
can see. "
BOV AND GUlh MARRIAGE
PROVES "DISASTROUS.
After Three Weeks of Housekeeping,
Couple Finds Married Life
Failure.
The boyhood romanoe of Alexander
V. Downing, which was opposed by his
parents, has ended disastrously. lie
filed a divorce suit in the Circuit Court
yesterdiiv.
Tlie young peopie lived in Chicago.
He was 19. and she 2T. In the Summer
and Fall of l'J04 friendship gave place
to affection, and in spite of the pro
test of his parents, they decided to be
married' November 2. But it was to
be on the quiet. For the purposes of
the wedding be was to take the name
of Roy A. Wingold. and she was to
assume the name of Jennie Kiec. Her
truo maiden name was luura Smelley.
The ceremony completed, they went
their separate ways, living witd their
parents as they had done before.
Tims they lived until a year later,
when they decided to go to housekeeping-.
The wife rented apartments of a
Mrs. Kick, at 924 North Fourth street,
Springfield. 111., and took in her youth
ful husband. But three weeks sufficed
to Fhow that housekeeping under these
conditions was not congenial. The se
cret of their wedding had not leaked,
and was not learned until several
months later. Downing found that his
wife was not satisfied. He says she
n'nd" him do the housework and the
rooking, and before the month was up,
left him. In the complaint the wife
bears four names, Laura Downing,
T.Aura Smelley, Jennie Rice and Jennie
AVingold.
Lottie Mae e I.-.shmtitt Is seeking
a divorce in the Circuit -Court from
Albert I'e Ijhnm?t. whom she mar
ried here September 11. 1902. She
asks the privilege cf resuming her for
mer name. Ixttie Mae Castro. She ac
cuses her husband of having aban
doned her at (loldfield. N"ev December
1. 1907. A. Hansen appears as her at
torney. Ji nOKS DRAWN FOR DECEMBER
Seven to Serve on' Grand Jury and
15 to Try Circuit Cases.
The Multnomah County grand Jury for
December was drawn yesterday morning
from the SI talesmen who reported to
Presiding Judge Gantenbein. of the Cir
cuit Court. Jurors to the number of 110
were drawn, but these had dwindled to
til ajul nine more were excused for cause
by the court, leaving but 45 to try
1 circuit Court cases.
it la imliovd luat the graad Jurjr
will
indict James A. Finch today for the
murder of Ralph B. Fisher. Judge Gan--tenbein
is holding December 15 open for
the triaf of the assassin, although .'. H.
IMggott. who. it is thought, will defend
Finch, pleads pressing duties as a reason
for setting a later date. It is not be
lieved., however. that the court will
favor unnecessary delay.
The grand Jury is also Investigating
the case wherein Harry Daly is accused
of the murder of Harry Ienny.
Among the nine Jurors excused yester
day morning, one. a grocer's clerk,
pleaded that he would be discharged
hniiM b. serve on the Jury, and that
hls would be hrd, with Winter and i
Christmas coming. The court deetoea,
however, that this was not a valid ex
cuse, and said any employer found dis
charging a clerk or employe because of
Jury service would he brought in and pun
ished for contempt of court. Carl A.
Carlson, of Swedish birth, pleaded that
he could not understand Kngllsh well
enough for 'this law .business." Judge
Gantenbein raid that the "law business"
is not so technical as Carlson might sup
pose, and that the juror must serye.
Contract Broken; Aks $10,060.
A. J. Deitz demands tlO.OOO from II.
L. Stevenson on account of a broken
contract, by which Deitz was to pur
chase a half-Interest in the Scott Hotel,
at Seventh and Ankeny streets, for
IS000. and was. with Ills wife, to man
age "it for $125 a month. Deitz has
tiled suit in the Circuit Court to re
cover. Deitz says that he paid $lr0
on the first fourth-interest and offered
to pay $2000 as a first payment on the
second quarter of the stock. He says
that, although his option had not ex
pired, Stephenson refused to sell the
stock, ejected Deitz and his wife from
the management of the hotel, and neg
lected to repay the $1750.
Assessment 'Cut to $20d.
Upon the showing made by the Buf
falo Pitts Company yesterday, Judge
Morrow decided to reduce Its assess
ment of money, notes and accounts, at
$40,000. the figure fixed by the Multno
mah Connty Board of Equalization, to
$200. It was shown that all the ac
counts are carried ,by the main office
In the East, the local office being but a
branch. At the time the assessment
was made the books in Portland showed
a balance of but $226.
Jesse Roper, Aged 16, Found Drunk
Jesse Roper. 16 years old. is in the
County Jail awaiting the action of the
Juvenile Court- The lad was found
drunk at Sixth and Burnside streets,
and It was found that George Gray
had taken him to his room and treated
him to tne lst of wines and brandies.
Gray is In the City Jail.
G. A. R. WILL CELEBRATE
Sumner Post to Observe 100th An
niversary of Lincoln's Birth.
At the last meeting of Sumner Post
No. 1' G. A. R.. in the hall on Grand
avenue and East Pine streets, it was
decided to celebrate the 100th anni
versary of the birthday of Abraham
Lincoln, February 12. 1909. J. A.
Newell. Dr. J. J. Levitt and John W.
Ogilbee were appointed to make ar
rangements for the , celebration. A
church or public hall will be secured
for the occasion and the public will be
Invited. This action was taken In ac
cordance with the general order of
Commander-in-Chief .Henry W. Nevlus,
which was read at the post meeting.
This order sets forth that the 100th
birthday of the great war President
will occur on February 12. 1909, and
all departments and posts are urged to
observe the day in some way, and
churches and schools also are request
ed to give programmes.
Sumner Post elected the following
officers: Commander. 1'. Neidermark;
senior vice-commander. A. K. Currier;
junior vice-commander. J. J. Levitt;
quartermaster. J. A. Braden; surgeon,
A. Z. Bryant; chaplain, W. T. Kerr; of
ficer of the day, A. L. Edmunds; of
ficer of the guard,' I. A. Brown;
trustees. J. A. Newell. F. R Neale and
H. H. Pierce: delegates to Grand En
campment, VS. T. Kerr. D. Finley. R.
M. Dooley, D. N. Burnell, H. B. Keen;
alternates. Dr. Levitt, W. A. Bittner,
David Weaver. George Merrill. S. B.
Welst. A present of $25 was received
from Sumner Women's Relief Corps.
The officers- will be installed Jointly
with those of the Relief Corps the first
meeting in January.
ANNUAL ELECTION TODAY
Troutdale Has Plenty Candidates for
Councilman and Marshal.
The annual election of municipal of
ficers for Troutdale will be held today.
Three Councllmen, a City Marshal and
a City Recorder are to be chosen.
Mayor Aaron Fox will serve for an
other year, having been elected in De
cember, 1907, for a two-year term.
There are seven candidates for the
three places in the Council. It Is a
free-for-all contest, none of the candi
dates having selected any distinctive
designation on which to base his can
didacy, neither are any Issues respect
ing municipal affairs involved In the
election.
The three Councilmen to be elected
today will serve terms of two years
each. The seven candidates are: L.
A. Harlow. J- Helming, L. B. Nash,
Frank Portello. W. L. j.ight. Charles
Williams and W. A. litourell. For
City Marshal there are four candidates
to fill the unexpired term of E. G.
Bowen. who recently resigned, having
another year to serve. The candidates
for this office are: William Schtnrdt,
Incumbent of the office, having been
appointed to succeed Mr. Bowen; I. N.
Buxton, Jean Larson and Colonel Von
Hess. Dan W. Mickley. the present
City Recorder. Is a candidate for re
election. He is opposed by Wrilliam
Weller.
TO OLDMEXICO.
The regular mid-Winter excursion to
Old Mexico will leave Portland Decem
ber 13 and 13. joining the Southern
Pacific solid Pullman excursion train
out of San Francisco Tuesday, Decem
ber 15.
The return fare. Portland to Mexico
City, will be $104; tickets bearing a
limit of two mortns, with stopover
privileges at pleasure on the return
trip.
Passengers will be given the choice
of the Southern Pacific or the Santa
Fe returning between El Paao and San
Francisco.
Coming west over the Santa Fe you
ran make a side trip Into the Grand
Canyon for $6.60. I
Ask for "Mexico." a little booklet
story on this charming and historic
country.
Tickets, reservations and particu
lars at Third and Washington streets.
ANNOUNCEMENTS.
F. T. Beach Co., pioneer Paint Co,
135 First et. pnonea Jiain iat, A in.
T. Chambers A Son, opticians. 321
Morrison, cor. Sixth, are the best.
.
Dr. Rubenstein, the optician, moved
to 189 3d st., opp. Baker Theater.
Webfoot Oil Blacktno-'lceeDB rest am
Jtaiea hgea- laat Ail dualuM,
.ais. -.
THE STREETS
Are all paved with asphalt of
the best character and laid
with skill.. The contour of the
street surface is scientifically
built, providing the most per
fect' drainage facility possible
The pavement is run into, the
gutter, absolutely protecting
the pavement and guarding
against moisture beneath the
street, which means the de
struction of asphalt paving.
The best street work in Port
land, without exception.
DOWN TOWN OFFICE
241 STARK STREET
PORTLAND
SI 000 FOB FESTIVAL
Hill Lines Make Substantial
Gift to Rose Celebration.
INDORSEMENT IS FINE ONE
Northern Pacific and Allied Roads
AIo Promise to Give Fiesta
Wide Publicity Through
All Their Advertising.
-i i. . l. narciel ant nr.tivltV Jit
JlllUUftll Hie !"-
Assistant General Passenger Agent A.
D. Charlton, of the Northern Pacific,
coupled with the moral support of
President Howara r.iimii.
I.ouis Vv Hill, president of the Great
Northern, the Portland Rose Festival
u'uil the moat substantial
indorsement ever accorded this venture
hv the railroad systems ot uie
Northwest.
For the first time since tnq, nose
t.-.i ...i i i,ina - w k originated, a little
more than two and a half years ago,
has anv railroad offered a cash contri
bution." hut the Hill lines, the Northern
Pacific, the North Bank and the Great
Northern, have decided to give J1000 in
cash to help defray the expenses of the
next floral celebration to be held here
the second week of June. This is in
addition to the vast amount of pub
licity which the Hill lines will give In
their various forms of exploitation.
. , i ....... . l' ' .1 .1 .T-0 1
. a n fhnrlton. of
the Northern Pacific, notified President
Ralph W. Hoyt. or tne f esumi
ciation. tiiat this cash subscription had
been authorized by the Hill lines, and
yesterday he explained that what real
i.. thin tntlnrsement was the
deep interest which President Howard
Elliott had taken. in me last, resnvai.
which he witnessed while in Portland
last June.
"We feel that the Rose Festival is
a great added attraction to bring peo
ple to the Northwest, in connection
with the A.-V.-P. Exposition at Seat
tle." said Mr. Charlton. "A special low
rate for tourists throughout the East
has been granted, not only to Seattle,
but It will apply to Portland for the
Carnival. In addition to this, our lines
will give special low rates locally to
Portland during the Festival.
'In the matter' of publicity, begin
ning .January 1. next, every bit of
newspaper advertising, every bit of
magazine advertising by the Northern
Pacific all over the United States and
Europe will muke mention of the Rose
Festival.''
Boy Driver Asks $6000.
Thrown from a wagon of the Wash
ington Creamery Company last June,
Joe Karrell has brought suit in the Cir
cuit Court to recover $8000 damages.
The suit Is brought In the name of his
mother. A. C. flrnsnman and W. C. rey,
l A GOOD
0 or FINE WHISKEY
warn
. BALTIMORE
If
A PERFECT PRODUCT OF THE
STILL, BECAUSE WHISKEY
CANNOT BE MORE CAREFULLY
MADE, AGED AND PERFECTED
Sold st all first-class cafes and by Jobbers.
WM. LANAHAN SON, Baltimore, Mil
RESTRICTIONS
No home costing less than
$2500 can be built in Prospect
Park. Only one may be built
upon a 50-foot lot. Only homes
will be allowed in the addition.
Every home must stand 25 feet
back of the"property-line. This
leaves a 6-foot sidewalk, 74
foot parking and a 28-foot as
phalt roadway. This uniform
ity of landscape effect, togeth
er with the guaranty of first
class homes, means much.
the proprietors of the creamery, being
named as defendants. Farrell, who is
18 years old, was employed as a driver.
He says he was inexperienced, and was
furnished with an old harness, a wagon
with a defective brake, and an Irritable,
nervous mare, which was easily fright
ened. The left rein broke, the mare
became frightened and ran the wagon
against a post. Farrell sustained a
broken wrist and a bruised hip.
DAIRYMEN MEET THURSDAY
State Convention to Be Held in
Salem This Week.
Secretary W. I Crissey of the Ore
gon State Dairy Association, Is busy
arranging the preliminaries for the
annual convention, to be held In Salem
Thursday and Friday of this week. Mr.
Crissey will go to Salem Wednesday and
will stay there until Saturday. He re
ceived a telegram yesterday that C. L.
Mitchell, of Washington, D. ,C, of the
dairy division . of the United States
Department of Agricultur, has been
directed to attend the meeting at
Salem.
"We are very glad that Mr. Mitchell
will be with us." said Secretary
Crissey. "Until today we were afraid
lie could not attend. The presence of
a Government representative at . the
conventions aids us greatly in that this
provides us with a judge who awards
the various prizes. When a local man
acts in that capacity, it is likely to
arouse jealousy and some question as
to the merit of the awards. With an
entirely disinterested person for judge
no question can be raised."
Firms interested in supplying their
goods to the dairy trade are arranging
exhibits for the convention. Among
those who have already arranged for
space in the exhibit hall are: Monroe &
Criswell, De Laval Dairy Supply Com
pany, Charles H. Lilly Company, Em
pire Cream Separator Company,
Mitchell, Lewis & Staver Company,
Damascus Creamery Company, Hazel
wood Cream Company, Washington
Creamery Company, Leslie Salt Com
pany and T. S. Townsend Creamery
Company.
O. G. Simpson, of Corvallis. has been
engaged to receive exhibits as they ar
rive and attend to placing them to the
best advantage.
There promises to be a large attend
ance at tho convention and the pro
gramme Is an interesting one. Among
the leading addresses to be given will
be one by State Dairy & Food Commis
sioner Bailey on "Dairy Legislation."
WHY NOT RENT A PIANO?
Where lo Find the Best and Largest
r Assortment.
During the next two, weeks we are
offering for rent for short or long terms
a large assortment of very tine brand
new, highest grade pianos, as well as a
less expensive kind. A piano can now
be secured at Eilers Piano' House at a
monthly rental of $3, $4. to, J6 and $7.50
a month. Instruments delivered and re
turned free to parties renting for a period
of six months or longer. All rent paid,
less reasonable interest for amount in
vested, is allowed in the event of eventual
purchase. Telephone or call at Bilers
Piano House. 351 Washington street, Port
land's largest and leading dealers. Phone
Exchange 23 or A 23.11.
JUDGE 1
WILL PRONOUNCE 0
! " i
"PROSPECT PARK IN THE MAKING"
Tells you in detail exar-tlv how the owners of this property spent $2o0.000
in making PROSPECT PARK the most desirable residence district of
Portland. It is a magnificently-illustrated folder, showing in detail the
vast amount of underground work that was done. This folder is yours
for the asking. Call or write at. once. Supply limited.
TRANSPORTATION
No part of Portland has a bet
ter system of transportation.
Either the Alberta or Wood
lawn cars, leaving Second and
Washington or Fifth and
Washington streets every five
minutes during the day and
three minutes during rush
hours, reaching Prospect Park
within ten minutes. It is a walk
of only a block from the car to
the property. No transfers and
a 5-cent farQ to the finest part
of the city.
PROSPECT PARK OFFICE
E. 7TH and KNOTT STS.
H. R. MUMFORD, Manager
IF YOU DIE
IT COSTS
IF YOU LIVE
IT'S MORE
Isn't that the kind of life insurance you have been looking for? That's our
new Special Combination Policy.
WANT TO SEE A SAMPLE?
W. M. LADD, President.
S P LOCKWOOD, Vice-Pres. and Gen. Mgr.
LUMBER EXCHANGE BLDG;
v 0 -f-
J' W ' W: W ' " ' ill
DOUBLE-DISC RECORDS
A different selection on each side
They fit any machine
" t
That tells the whole story except
that at 65 cents for the Columbia
Double-Disc you get a better record,
on each side, than you ever bought be
fore at $ 1 .20 for the same two selec
tions. Get a catalog!
Sold by your Dealer or by
COLUMBIA PHONOGRAPH COMPANY
371 Washington
ENVIRONMENT
Prospect Park lies at an eleva
tion of lfO feet above First
and Washington streets, there
by commanding a position that
overlooks Holladay's Addition
and a superb view of Mounts
Hood, Adams and St- Helens,
together with the Cascade
Range. Being a part, and the
best part, of Irvington, this
property stands forth as the
unquestioned peer of every
residence part of Portland.
rountre:
& DIAMOND
NO MORE THAN ORDINARY LIFE
PROFITABLE THAN . ENDOWMENT
St., Portland, Or.
!3
THE
CREAM
OF
IRVINGTON
PRICE MTERMS
Lots in Prospect Park may now
be purchased at prices ranging
from $1000 up. The terms are
modest, permitting any man or
woman, able to build a $2500
home, exceptionally favorable
terms of payment. Considering
the class of improvements, its
magnificent location, fine trans
portation and high elevation,
Prospect Park is being otl'ered
for considerably less than its
actual worth.
Tuberculosis Killed
160,000 Last Year.
So Secretary Cortelyou Told
the International Tuber
culosis Congress.
The International Tubprrutosia Congress,
recently helrt In Wa-shln.fr ton, has given a
world of faets concern in c the greatest
scourge ever inflicted upon the race; and if
It has not pointed out a positive cure It lias
at least shown how the disease can be pre
vented, with the promise also that there -will
soon be forthcoming a scrum or antix-toxln
whirh will remove the disease from the face
of the earth.
When we stop to consider that a million
lives wilt be paved annually to the world by
the prevention and cure of this disease, uo
can form some Idea of the importance and
magnitude of the suhject considered by this
Congress, and of its tremendous Importance
to mankind.
All honor to the men who are engaged in
this work. The world will owe them, at
well as the noble profession to which they
belong, an eternal debt of gratitude.
We now know that there are millions of
persons living and moving about in everyday
life, who are suffering from Tuberculosis in
one form or another, and It is to this multi
tude attention must be given to prevent a
future development of the dlsoase.
It is estimated that lt;o,OiM persons dia
annually In the United States from Con
sumption, or Tuberculosis, and from any
way we look at it this is a dreadful figuro
to consider.
If this tremendous loss to the country
occurred annually by the destruction of the
population of some splendid city of JCO.OOO
from some preventable cause, all th
strength and power of the Government
would be stretched forth to put a stop to
the calamity; yet quietly and insidiously
Tuberculosis Is yearly effecting this fearful
loss of life and the Government scarcely
recognizes the fact.
In every city and considerable village in
the United States there should bo provided,
under authority of law, an orsanizHtioa for
the prevention and cure of Tuberculosis un
der the supervision of nodical men. Theo
organizations should be provided with ac
commodations for the treatment of inclpimit
and advanced cases of tho disease, and
should also have authority to safeguard
those who are predisposed by enforcing' hy
gienic conditions.
The advanced or incurables should be
separated-from the incipient or curable cases,
as they are the centers of infection and the
greatest danger to the public.
Oood food, rest, fresh air and hygienic
living, together with muderato doses of
Iuff y Ture Malt Whiskey are tho essen
tials in the prevention and cure of Tubercu
losis. No treatment or measures for the
cure ot th!s disease can bo successful as on
reinforced by a refined and wholesome
stimulant like this medicinal whiskey.
In safejruarrtinjc thoe who are predis
posed to the disease and for the public gen
erally tho most rigid measures should be
adopted. Factories, workshops and stores of
all kinds where help is employed and people
ionfsrcKate. should be well ventilated and
Kept as much as possible clear of dust and
umieceasarv dampness. Tho laws, too, for
tho prevention of sj.ittinK on floors and the
public streets should be strictly enforced, at
this is the greatest source of danger.
Of great importance is the care that
should bo given to children during tneir
ehoot vears. Defective eyesight, bad teeth,
adenoids and enlarged tonsils lead to weak
ened constitutions, if neglected.
A few moments each day, or arh wees:.
In our schools devoted to instruction in
hygienic measures would be of Inestimable
value in the prevention of Tuberculosis and
other serious ailments.
Women a Specialty
The well-known S. K. Chan
Chinese Medical Company,
with wonderful herbs and
rootP, has cured many suffer
ers when :.ll o'.hr remedies)
have failed. Sure cure Icmal-,
MDP n If PUHU ousnes?. blood poison, rheuma
NIKu. u.n.UllAil tism, asthma, throat, luug,
troubles, consumption, stomach, bladder,
kidney and diseases of all kinds. Remedies
harmless. No operation. HuneM treatment.
Examination for ladles by Mrs. S. K. ( ban.
22'4
Morrison Si .. bet. t lrt ana Necoml.
10 years aco there aa but one rewKnized as
audi.
st1i