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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 27, 1909)
THE MORXIXG OREGONIAN, TTJESDAT, r JAUftjuu yjii.L.i,vjiA?,, TUESDAY, APRIL, 27, 1909. Great yen -Day Gash Clearance Sale of .Broken" -Lines Begins Today : . 11 Ele 4 I ) ' Knight Shoe Store FISHING HELO LEGAL Law for Columbia Does Not Apply to Other Streams. ORDER MADE PERMANENT Salmon-Catching on Willamette and Clackamas Permitted by Deci sion Handed Down by Judge Gantenbeln. The Fish Commission has no legal right to stop salmon fishing In the Willamette or Clackamas Rivers between April 15 and May 15. according to a decision of Presiding Judge Gantenbeln, of the Cir cuit Court. handed down yesterday morning The temporary injunction granted in the sutt of the Portland Fish Company against F. W. Benson as Gov ernor and Secretary of State; George A. Steel. State Treasurer, and H C McAl lister. Master Warden, members of the Fish Commission, was made permanent yesterday. It restrains them from inter- Wlth flshlnK r salmon on the Willamette and Clackamas Rivers. The Fish Commission attempted to construe the law passed at the last legis lative session providing for a closed sea Bon on the Columbia, its waters and stoughs. west of the beschutes. to mean the -olumbia's tributaries as well. Judge Gantenbeln does not agree in this. At JST"00""11 Crawford contended also ,f, L C..Uri has no Jurisdiction In a .. JV??1? Brant an injunction. The court held that, while ordinarily this is true, there are exceptions to the general rule and that this case Is one of fheT ceptions. The decision yesterday was upon a de J?"' th complaint, which Judge Gantenbeln overruled. As the Attorney- SSnTTi VS"1 emitted m his ZL ment that the notices of the closed season JX n..POStSd tar 30 Ay- i" doubt ful whether the commission will answer $.1 1 .tbe further attempt to hive the injunction declared null Attorney John F. Logan, who i,nPA as counsel for the Portland Fis?PCm pany says In his brief that, according the claim of the Attorney-General "we "at The? rUnrt'n PrnPosit.on that the great city of Portland is no longer situated on the Willamette River but il now located on the Columbia ' . . . As well might the Attorney-General claim that that body of water for rtr K,anJl UP t0 tne Pnt time unmis takably known as the Pacific Ocean Ts a part of the Columbia River, or that the CowllU River, although situated in tne State of Washington, might still he claimed as the Columbia River i "ir t?'!w'"r,lole mau?r we must not lose sight of the fact that common sense still has some relation to the Judiciary and Field, "n Va" fWrdS nt thC te Justice t lelds in the famous case of Yick Wo . Hopkins. C. U. Gantenbeln Is not as a Judge, to lose that common sense which he possesses as a man." BONDING COMPANY IS SCED Heirs of Krnanuel Froebrich Allege Trouble With D. F. Lane. Suit to have the 12100 bond of D F Lane, deposited in the Marion County Circuit Court by the Fidelity & Deposit Company, of Maryland, declared forfeited We ve moved from our old store at 267 Washington street to our new temporary quarters at the corner of Second and Washinrton But we dxdn't move the entire stock, leaving behind at the old store all broken and discontinued lines and odd kts ieseSve marked at such low prices that no one with even remote shoe needs can afford to pass this sale by We state fa th The,,! W . IZ l sale is to last eleven days. Maybe it will last as long as that, but we don't think Jo, because J mg but empty shelves should remain after two or three days. But the sale will positively end Satoday evellaTf lie shoes on sale are all good shoes they are the sort that have made the name of "Knight's" a svnonvm for li w. a good and dependable in footwear We wish to impress this fact, however: Every size almosf U IpreXZe "tyte or cSel Tut to yorfaSmlTrom!6- " 7U ta tid Mt purchase. Read on We Will Sell $5 grades of Men's and Women's "Soro sis," "Walk-Over," and other, high-grade makes of Shoes and Oxfords in Patent Leather, Vici Kid in Black and Tans, at $3.85 Pair We Will Sell $3.50 grades of Men's and Women's "So rosis," "Walk-Over," and other high-grade makes of Shoes and Oxfords of Vici in Black and Tans, at $2.95 Pair i .... . i i was beinm In tVm flrtl fn,- .AaA..4a.. j. ne bix neirs or JMnanuel Froebrlch are the plaintiffs. They are: David, Gottlieb, Anna and Maria Froebrich, Aloys Hart man and Pauline Patsch, nephews and nieces of the deceased. Emanuel Froebrich died September 16, lQOfl. TWrt rlav lata.. T ( j ".J no? Willi-- I ed administrator, and came into posses sion oi jiu;i.oo. tie mea nis nnai account October 28, 1903, in the Marlon County Circuit Court, and was discharged. But he charged $171 extra administrator's fees, and $1423 attorney's fees, according to the complaint filed yesterday. The heirs assert Lane had expressly agreed to charge only $300 as attorney's and administrator's fee. They brought suit in the Marlon County Court and ob tained judgment in the sum of $2192.85, they allege. The order of the court was that Lane also turn over to them a mort gage for $400. They say Lane has not paid the judgment, so they have brought suit against the bondsmen. BRANNICK ESTATE ACCOUNTED Total Value Said to Be More Than $75,000 in Personal Property. Edward J. Brannick, administrator of the E. M. Brannick estate, filed in the County Court yesterday afternoon his final account. He does not give the total value of the property he has on hand for distribution between the widow. Mrs. Bridget M. Brannick, and himself, but it is said it will be more than $75,000. There Is $17,196.17 in cash on hand, besides $1600 due from the Condon Na tional Bank: an Insurance policy on the life of Edward J. Brannick, assigned to E. M. Brannick: notes to the value of $27,360; due from Mrs. Lizzie Desmond $300: 23,000 shares of stock in the Twisp King Gold Mining Company, 30 shares of stock In the Midland National Bank of Kansas City, 18' shares of stock In the National Bank of Com merce of Kansas City, and 283 shares of stock in the Studebaker Bros. Company, Northwest. The administrator asks that $1000 be allowed as attorney's fees. The hearing of the final account will be at 10 A. M. May 29. Dolph, Mallory, Simon & Gearin are the attorneys. SAYS HUSBAND IS PRODIGAL- Mrs. Benjamin Beemer Demands Di vorce and Alimony. Julia Beemer brought suit In the Cir cuit Court yesterday for a divorce from Benjamin Beemer, a motorman, because she says he Is a prodigal; She married him December L 1908. she says, but dis covered that he has a penchant for spending his weekly earnings In riotous living. Then she went to work, she adds and he began to loiter about her place of employment at all hours of the day. She asserts that she Is afraid he wili cause her to lose her only means of live lihood unless restrained by an injunction Mrs. Beemer demands $35 of the money which she says is now wasted every month. She says her husband has ac cused her in the last three months of infidelity, and that' she has been slapped beaten and knocked against the wall. ' Not to Encroach on Bull Ilun Line. Judge Gantenbeln issued an injunc tion yesterday afternoon restraining D. W. Metzger from building upon the city's Bull Run pipeline right of way. The order also restrains him from In terfering with the telephone system. The city brought suit, alleging a pole had been cut down which interfered with building operations. Compromise Is Desired. In spite of the fact that Knute T. Hauge sued the Portland Lumber Com pany before he died for $10,000 dam ages on account of an accident at the mill. Samuel Olson filed in the County Court yesterday a petition that he be allowed to accept from the lumber company $385 In settlement of all claims. Hauge died at St. Vincent's Hospital, April 2. He was injured Feb ruary 27 and was confined in bed at the Wisconsin Hotel for three weeks before being taken to the hospital. Olson, who acted as Hauge'a attorney, says In the petition that there is small chance of recovering damages from the company, and that If the case goes to trial a new suit must be filed. Claim Settled Out of Court. The suit of the United States National Bank of Portland against H. J. Pulfer and F. J. Dolson, of the Columbia River Tie & Lumber Association, which went to trial before Circuit Judge Morrow yesterday morning, was dismissed upon a voluntary non-suit. The bank sued for $3741.96 on account of ties and lumber delivered to the defendants between July and November, 1907,. by the Clackamas Lumber Company, but alleged to have been unpaid for. The claim had been assigned to the bank for collection. Overlook May Sell Lots. Presiding Judge Gantenbeln granted the Overlook Land Company, yesterday morning, permission to sell lots In Overlook to purchasers. Sales have been retarded on account of the suit brought in the Circuit Court by A. F. Swensson, former sales agent of the company. This case is the one out of which grew the three contempt pro ceedings against E. Henry Wemme, manager of the company. Portland Brewing Company Sued. Beer bottle labels form the basis of a suit against the Portland Brewing Com pany, begun in the Circuit Court yester day by the Interstate Adjustment Com pany. The complaint alleges that the local beer factory contracted with the Northwestern Lithographing Company for 2,000.000 beer bottle and neck labels at $425 a million. It is alleged that $975.16 is owing. Wins Salt Against Railroad. Circuit Judge G&tens decided yesterday morning that Mary E. Welcome is en titled to $600 damages from the Great Northern Railway Company for furniture lost In transit from Superior. Wis., to Portland. The shipment was made In January. Circuit Court Notes. .W".iEi Douglass was sentenced by Circuit Judge Morrow at 2 o'clock yes terday afternoon to serve five months In the County Jail for having embezzled $25 from the Thiel Detective Service Company. He was charged with the theft of $4498. The jury . disagreed at the first trial, but convicted him on a compromise verdict at the second trial It was rumored yesterday Douglass would be placed on parole by Judge Morrow. The judge said that he would consider such a proposition without saying whether or not he will release Douglass. Chris Morgan was sentenced by Pre siding Judge Gantenbeln to an indeter minate sentence of from two to 20 years In the Penitentiary for having shown A. Scheibe a forged receipt for $150 on Aprl' 4. Morgan said he had been drinking. The charges of assault and battery lodged against Jess C Moore for the al leged beating of his wife and mother-in-law, April 1, will be threshed out in the Circuit Court June 24 and 25. William Smith, James Barrett and Tom White will be tried June 21, 22 and 23, respectively. They are charged with larceny from I. Gevurtz & Sons on March 24. Andrew B. Dalgity, alleged embezzler from the Foresters of America, Is to be tried June 21. The following cases were also set: J. W. Gardner, wife beating. June 23; Albert R. Anderson uttering a forged check. June 22. New York's latest novelties la fine footwear at Rosenthal's. Winter Sh oes Also in This Great Sale It has never been the custom of Knight's to make two bites of a cherry to do things half way. We have therefore included in this sale all our shoes left over from last Fall, despite the fact that we've placed orders for a great many styles exactly like those carried over. We could realize full price for these a few months hence, but we want this sale remembered for a long time by you, because of the many fine bargains you secured. If your size is "present," therefore; you are in line to make mighty good interest by buying your next Win ter's shoes now. BECKER TO RETURN Federal Prosecutor Expected to Take Up Land Cases. JUDGE, HUNT ALSO COMING Indications Are That Pending Fraud Trials Will Either Be Dismissed or Set Within Next Few" Days. thl Tf,' Be4kor- "Pecial assistant to lurn tody"Gener- ,s Pted to re he has t el fm Washi"Ston. where Jeen ,n consultation with At- reSrTorJH 'fTsham d Set ZZnSZ M Interior Ballinger. A a result of these conferences, Mr. Becker is expected to bring some deflnitl In formation as to the nolirv .k administration respecting the ruVter rhTstaVe0" f I caTsh ofFMr f,ollow,ns the departure ?n J; Belker from Portland and dur ing his sojourn at Washington, it wis alP?he that he was to e -replaced the rOV?.rnm6nt'" "Preventative n fact'tharlfe '.V'' Bthe fse&Yo disperV.Uthee JSpSS he Is either to retire from the Govern anotUe ?'ire "srs be outlined soon, is doubly apparent from the fact that with the rSutn of Mr. Becker. United States DisS-Irt It tl M?ntana- 'ho pesWea at most of the land-fraud trials i expected to reach Portland some time today or Wednesday. He will rem San Francisco. During his visU here of someCd Ud8re Hunt wm dispose of some of the pending land-fraud cases and either dismisf the others mef m t0r tr'al at some "" BENTON COUNTY BOYS HELD Two Charged With Sending Obscene Matter Through Mails. Harold Davis, .of Corvallis. and Walter Cathcart. of Alsea, Benton Cbunty wer yesterday held by United Stages ' Com misBioner Cannon to the Federal gran jury on a charge of sending obscenernTu ter through the malls. Cathcart Is charged with having carried on an im! proper correspondence with Nita Davis sister of young Davis; who 1, said to be the son of Rev. W. W. Davis pastor of the Baptist Church at CorvaUis Fo, lowing his arrest, Cathcart immediately complained to the postal authoTufeithat Davis had mailed an obscene postcard to a young woman in Colorado When accused. Davis admitted that he had done so and was plaeed under ar announced his readiness to plead guilty to the charge but it was impossible to accommodate him as his case must first be Investigated by the Federal grand jury. Davis and Cathcart both furnished bonds for their appeal Case Against Cuslck Dropped. The case of the Government against We $4 grades of sis. makes of Shoes and Oxfords in Patent Leather, Vici Kid, in Black and Tans, at $3.35 Pair Slippers ygy Little We wish it were possible to enumerate the many different lines of Slippers that are in cluded in this sweeping clearance sale. But lack of space forbids this. We therefore must rest content in saying that your hopes for Slipper bargains will be fully realized in fact, you'll find some lines marked as low as oO. AlbT? Cuslck was yesterday dismissed "jr umira otates Judge Wolverton on motion of District Attorney McCourt be fore an appeal in the case could be taken Cuslck. who is a land locator and dealer in real estate at Medford. was convicted In the United States Court last Decem ber on an indictment charging him with making false affidavit in connection with a lieu selection of land. At the time of his trial Cusick's counsel, James Cole ex-Deputy United States Attorney, con tended that the statute under which his client had been indicted related to pen sion matters and not to public land en tries. Since the conviction of Cuslck. the United States Supreme Court has rendered a decision supporting the contentions of Mr. Cole and it was on this showing that the coso against Cuslck was dis missed. Held for Postal Robbery. Charged with the robbery of the United States Postofflce at Dallas. John Jacob son, an lS-year-old Benton County lad was yesterday held to the Federal grand Jury following a preliminary examina tion before United States Commissioner Cannon. It is charged by Postofflce In spector Clement, the complainant, that Jaoobson robbed the Dallas postofflce of postal funds to the amount of $33.57 in addition to about $50 from the store in which the Postofflce is located Wants Damages on Patent. T. F. Levens. of St. John, yesterday filed in the United States Court a suit asking that C. W. Read, of this city, be restrained from the further manufac ture and sale of patented sewing awls of which Levens represents he Is the exclusive owner and possessor. By rea son of the alleged infringement of his patented rights by Read. Levens com plains to the court that he already has been damaged to the amount of $2500. Up Before The Bar. N. EL Brown, an attorney, of Pitts field Vt writes: "We have used Dr" King's New Life Pills for years and find them such a good family medicine w,?.wouidn't be without them." For Chills, Constipation. Biliousness or Sick Headache they work wonders. 26c t all druggists. House rent for Summer free Gregory. 418 Corbett bldg. See LEARNING THINGS We are all In the Apprentice Class. When a simple change of diet brings back health and happiness the story is says- t0l1" lRdy ' Sprlnfleld. "I-. "After being afflicted for years with nervousness and heart trouble I re ceived a- shock four years ago that left mo In such a condition that my life was despaired of. "I could get no relief from doctors nor from the numberless heart and nerve remedies I tried, because I didn't know that coffee was daily putting me back more than the doctors could put me ahead. i lFln,a.Uy a5 tha relut of a friend I left off coffee and began the use of Postum and against my convictions I gradually Improved In health until for the past 6 or 8 months I have been entirely free from nervousness and those terrible sinking, weakening spells of heart trouble. "My troubles all came from the use .,ffee whch I had drunk from childhood and yet they disappeared when I quit coffee and took up the use of Postum." Many people marvel at the effects of leaving off coffee and drinking Postum but there Is nothing marvelous about it only common sense. Coffee is a destroyer Postum is a rebuilder. That's the reason. . L?ok.J" P8- for th famous little book. "The Road to Wellvllle." Ever read the above letter f A nrir ne appears from time to time. Thcr re enulne, true, .d full of fcnmnn tntcarestsi Will Sell Men's and Women's "Soro- 'Walk-Over " and other lnVV.-rrQ,qQ 267 Washington Bet. Third and Fourth THl PERFECTION OF WHISKEY QUALITY IS ALWAYS FOUND IN " BAtTIMOR E j THE AMERICAN GENTLEMAN'S WHISKEY .HMHTIn UMDCn THl NATIONAL PUNC rooe LAW .11 . . V."? nrss-niass cares end bv tabhor WM. LAN AH AN SON BaTthnore, Mi COCOA Always pure and wholesome. Made from the best beans the earth yields. Don't ask merely for cocoa ask for GhirardellPs. Our regular lines of "Sorosis," "Walk-Over," and other high - grade shoes are now on display in our tem porary quarters at Second and shin gf ton Streets g To-day the art of making good co coa is still a secret. You may never learn the secret but you can al ways get the co coa ask for Cocoa Fact No. 8 The average yield of a cocoa tree is about one pound a year. The cocoa pods grow 7 to 10 inches in length and 3 to 4 inches in breadth, and look much like thick cucumbers, only deeply furrowed and contain 20 to 50 seed (cocoa beans. )