9
THE 3IORXIX6 OREGOXIAX, WEDNESDAY, OCTOBER, 20, 1909.
ROSS CASE UPHELD
Supreme Court Affirms Five
Year Prison Sentence.
FINE REMITTED, EXCESSIVE
Portland Banker, as Member of Cor
poration. Guilty of Misuse of
State Funds Deposited
' With Institution.
COt BTS rr1lNG8 IN KOS9 DE
CISION. Trut company knowledge r
eelpr of money trhn checks mere
crlll?d o Slate Treasurer ! account.
Va of state deposit by other than
Trrasjrer was conversion of money.
Ttut'es of corporation are duties of
prnrs composing H. and In cora
mltt;nz unlawful act officers and di
re tors are UaMe
I nlnwfu! use of money constitutes
0fffrs, nd no other Intent need be
ontinued From First Page.)
"The trust company is a corporation, an
Intangible thins, existing only In con-
templatimi of law; a collection of Indi
viduals, authorized to act as If they
were cm: the Individual are it com
ponent parts Hnd the existence of a cor
poration Inriepondently of Its stockhold
ers is n fiction. Its rights and duties
are the rights and duties of the persons
composing It. . . . There may be acts
for which tiie corporation will be held
criminally liable, but not in any case
In which intent is Involved or where the
punishment Is more than a fine, because
other punishment cannot be enforced.
However, if the officers and directors of
a corporation join in a criminal act, as
a corporate act, they are jointly liable
with tiie corporation If It Is an act for
which the corporation may be prosecut
ed, and if It Is a felony the officers and
directors are Individually liable. It is
their criminal act and not that of the
corporation.
Another's Money (nde Vse Of.
The point Is made by the attorneys
tor the defendant that the appellant
Rosa did not convert the funds of the
state to his own use and that therefore
he could not he held liable under the
Indictment. The court holds that "if
Ut be necessary for the state to prove
that the conversion Is for the personal
Advantage of the defendant, there
would be a failure of justice In many
oases. Every assuming by one person to
Nllspose of the goods of another, with
out right, as if they were his own. Is
- conversion to one's own use. This Is
"not extending the statute by Inference
or construction, but giving to the words
the technical meaning they bear In the
law."
The question Is taken up as to
.whether Ross, as an officer of the de
tffunct bank, participated In or was a
Iparty to the conversion. The court
holds that "the money was received
and placed In the general deposit funds
f the company, and was paid out in
'the usual way In payment of legitimate
'cjlalma afainst the company. . . .
jWhen the money was received by the
company n "an active depository, its
officers and directors permitted the
money to become a part of the general
'deposit of the company, without re
trtrlctlon thereon, with knowledge that
in so doing the money would be applied
to the trust company's personal uses;
this was general authority to subordi
nates to pay it out in the usual course
of the business and these officers and
directors are liable therefor."
Act Itself Is Criminal.
The defense offered testimony to
ahow the absence of criminal intent,
but the opinion holds that "such a con
version when .committed in violation of
the terms of the statute constitutes the
oflf-nse and no other intent need be
shown."
That part of the Judgment of the
lower f-ourt committing the defendant
Ross to jail until the tine of S576.853.74
shall have been paid. Is held to have
been cruel and unusual under the
terms of the constitutional inhibition,
and tills part of the punishment of the
convicted banker is set aside.
Therefore, the only penalty Ross will
have to pay is live years in state prison,
the huge tine of tr76.853.7' and the
Jail sentence of 288.428 days being set
aside.
Painful Dyspepsia
A Form of Indigestion Caused by Gas
tric Irritation From Undigested'
Food in the Stomach.
No kind of dyspepsia is better
marked than that known as "painfu
Indigestion." and it Is also a very com
mon affection. Pain, generally of a
dull character, is felt after meals.and
along with the pain, soreness at the
pit of the stomach often exists, and in
some cases the soreness is permanent.
The tenderness is commonly restricted
to a spot in the middle line of the
body, immes!ately below the breast
bone. It often extends upward under the
bone, which consequently feels sore on
pressure, or the tenderness is felt to
ward either side. This tenderness is
commonly associated with an unpleas
ant feeling of heat "a burning .sensa
tion" as It Is termed by some persons.
There is also a "gnawing" and "drag
ging." as well as various other anom
alous sensations complained of after
taking food, and generally within an
hour after eating. -
As might be supposed the intensity
of the symptom Is proportionate to the
quantity and quality of the meal. When
the stomach Is empty, a sensation of
craving or emptiness gives most trou
ble. This often causes a false appe
tite, which, by Inducing the person to
eat heartily aggravates the sufferings.
Thirst generally causes much annoy
ance; heartburn, water-brash, acidity,
nausea, and headache are not infre
quent attendants. The tongue is usu
ally coated and from a mere Inspection
of this organ the condition of the
stomach can often be correctly told.
It is a common error, with persons
who suffer from stomach pain caused
by indigestion and gastric irritation,
to use such drugs as chlorodyne. Hoff
man's Anodyne, and other "pain kill
ers" for its relief. Such treatment is a
great mistake. While these drugs af
ford temporary relief to the dyspeptic
pain, they have no effect whatever in
removing the cause.
STUART'S DYSPEPTIC TABLETS re
move the cause. By completely digest
ing all the food in the stomach, there
is no further possibility of the occur
rence of this disagreeable form of dys
pepsia with Its painful manifestations,
and other concurrent symptoms. All of
the irritation of the stomach-lining and
stomach-nerves as the result of undi
gested food lying In that organ and
undergoing fermentation and decompo
sition, is quickly done away with.
But not only is the form of dyspep
sia which Is accompanied by pain cured
through the use of these digestive tab
lets, but also every other form, of in
digestion, as there are many "kinds in
which stomach pain does not occur, but
where there are many symptoms
equally disagreeable. discomforting,
disconcerting and discouraging.
Stuart's Dyspepsia Tablets contain,
in a highlv concentrated form, power
ful anti-dyspeptic Ingredients, which
digest rapidly aud thoroughly food of
every kind. Including portelds, ni
trates, carbo-hydrates, etc A single
grain will disintegrate and digest 3,000
grains of food.
Purchase a box from your druggist
at once (price 50 cents), and get rid
of the pain, discomfort and other dis
agreeable symptoms of dyspepsia. Also
send us your name and address for free
sample package. Address F. A. Stuart
Co., 150 Stuart Bldg- Marshall. Mich.
ROSS HAS NOTHING TO SAY
Attorneys Will Attempt to Secure
Rehearing of Case.
Not for a couple of months, at least,
will the penitentiary receive J. Thorburn
Ross. It may be even longer than that,
but the opinion is general among lawyers
that Ross has gone as fur as he can on
legal technicalities.
While Ross and his lawyer. Wallace
McCamanl. were In anything but a com
municative mood yesterday, it is taken
for granted that a petition for a rehear
ing is to be prepared. Under the law,
20 days is allowed for the filing of that
petition. A month, at least, will then be
required for the consideration of that
petition. In the event of the denial of
the motion. Ross will either have to raise
some Federal question or accept incar
ceration at Salem.
It is believed that a -few hours before
the 20 days have elapsed a motion for a
rehearing will be . .presented. It is
doubted if a rehearing will be ordered
by the Supreme Court, but there is al
ways the chance, and it affords time to
present and act upon such a motion.
In the event that the appeal to the
United States Supreme Court could be
perfected, the case might drag along tor
more than a year before being disposed
of by that tribunal. But it is doubted
among lawyers If he can get his case into
the Federal Court.
Xt the District Attorney's office no
hope for Ross' further evasion of the
penalty is seen. "We will endeavor to
have the sentence carried out as soon as
poselole." said Deputy District Attorney
Fitzgerald.
While Ross declines to see or talk
with newspaper men. Insisting that the
press has hounded him Into conviction,
it is known hat he takes the whole af
fair as a grievous wrong, and has hinted
at being the scapegoat for another.
T. T. Burkhart. who was a director of
the wrecked bank and whose indictment
occurred simultaneously with that of
Rossi, is to be tried at an early date, so
It was announced at the District Attor
ney's office. An effort will be made
shortly to have the caae placed on the
trlsl calendar in the Circuit Court.
Rosa is the first victim under the new
1 banking code adopted In Oregon. Infor
mation was filed against him by John
ilannlnr. District Attorney, two years ago
t o3wing the failure of the Title Guarantee
tc Trust Company, of which Ross was pres
ident. Other officers of the bank. T. T.
Burkhart. John E. Altchlson and George
H. Hill, were Indicted at the same time,
the specific charge being wrongful con
version of state school funds. After
failure of the bank, discovery was made
that State Treasurer Steel had a large
sum on deposit, and that the bank had
been loaning ft out at interest. Ross,
protesting local prejudice, was granted a
change of venue to Marion County, where
he was tried and convicted. His prose
cution was conducted by John M. Mann
Jng. then District Attorney, and Martin
L. Pipes.
BOOSTERS' WORK KEPT UP
Eugene Proposes to Expend $15,000
Next Year for Publicity.
' EUGENE, Or., Oct. Is (Special.)
The meeting of Eugene citizens last
evening to raise a promotion fund for
the coming year, was the success anti
cipated on every hand.' At this meet
ing $5000 was subscribed, and the com
mittee at work this morning states that
the 115,000 set last year will be
equalled or exceeded.
In no case have the old subscribers
withdrawn their support, and In many
cases the ' contributions have been
doubled.
Minister Will Control General.
ST. PETERSBURG. Oct. 19. Prince
Vadbolsky, a colonel of the general staff,
who was detailed to succeed General
Liakhoff as military governor of Teheran,
continues on the active list of the Rus
sian army, though under a salary from
Persia. In office he will be subordinated
to the Russian Minister at Teheran, thus
eliminating the dual policy which was the
constant cause of embarrassment during
the Liakhoff regime.
Robber Steals Collars.
.VANCOUVER. Wash., Oct. 19. (Spe
cial.) A robber desiring a change of
linen last night stole the collar and cuff
caae of Buseeker & Westhoffs from in
front of their store. The broken case,
with the collars missing, was found in
a vacant lot at Seventh and East B
streets. A similar case was also taken
from in front of Cohen & Diederlck's
store last night, but it has not been
found. -
Widow of Pioneer Dies.
WALLOWA. Or.. Oct. 19. (Special.)
Mrs. Teresa Mimaugh, widow of the late
Patrick Mimaugh, pioneer lumberman of
Perry, and mother of C. H. and J. H.
Mimaugh. prominent sawmill men of this
city, died today at 1:30 o'clock of chronic
stomach trouble, aged 62 years and one
day. She had been in feeble health for
five years.
Wealthy Chinese Dies.
SALEM. Or.. Oct- 1. (Special.)
Won Low, the oldest and one of the
wealthiest Chinamen in Salem, died to
day, aged 18. "or many years he was
one of tho leading Chinese merchants
of Portland. A number of Chinese will
be up from Portland to attend the
funeral.
Tillamook Postofflce Moves.
OREGONIAN NEWS BUREAU. Wash
ington, Oct. 19. The postofflce at Tilla
mook on November 1 will be moved to
new quarters on the West Side in Sec
ond avenue east, between Second and
Third streets, to a building owned by the
Tillamook Building Company. This prop
erty has been leased for five years.
Two Admirals to Retire.
WASHINGTON. Oct. 19. It was an
nounced at the Navy Department today
that Rear-Admiral Gottfried Blocklnger
will be transferred to the retired list on
account of age October 13,. and Rear-Admiral
Thomaa C. McLean will be retired
on October 25 for the same reason.
" aC
1
. - ON ACCOUNT OF THE HEAVY DEMANDS ON THEM FOR MONEY
The Monarch Tailors, Cor. 6 th and Alder Sts.
have been FORCED 'TO SELL their stock in order to stop the
greedy cry for cash from those who demand a dollar in return for a
dollar. A backward season and heavy buying is the cause of this big
tailoring concern being placed in this condition nevertheless it is
true and THIS ENTIRE STOCK of the most up-to-date imported
woolens must be disposed of.
Buy Your Suit and
Overcoat Now
and save from 25 to 40 per-cent on them it's worth your while.
FIVE HUNDRED SUITS TO BE SOLD, and as many patterns to
select from, 'of the highest grade imported woolens; the very best
textures and most beautiful of smartest patterns.
both f
IN
Best Materials and
Workmanship
Every Suit put out by us will bear the same stamp and guarantee of
your money back if not satisfied, as always. For we will put the best
linings and stiff enings to be had in every Suit made by us. It will be
a pleasure to buy your clothes here, for that feeling of satisfaction
will accompany you of being ever after satisfied with the largest
stock to select from, the best expert tailors, cutters and fitters to
serve you, you should not hesitate, and save from
25 to 40 Per Cent
on Your Suit or Overcoat
Just in the season of need, just when the chilly days of Winter and
opportunity meet you. hand in hand,
We Are Forced to Sacrifice
our entire stock of high-grade woolens to you. See our window dis
play and come in and let us talk Suit and Overcoat to you and save
you money. This sale starts this morning.
" K5 fH S S ?
rr
fell
IS. ?
Mom
arclhi
XL
Corner Sixth and
VI oIIS v $ it. Z' feP
t FsPs". it f - 3'ysj(p" ir-SgSfi
.1 f
alloriing Coo
Alder Streets '
SURVEY IS PUZZLE
Activitiy in Malheur Canyon
Not Understood.
HILL MAY BE BEHIND IX
Today is positively the last day for
discount on East Side gas bills. Read
"Gas Tips."
Prediction Made That Another Des
chutes Battle May Be Fought
Here Harrlman - .Sy'stem
Wants CroiS-State Road.
'
" The presence of surveying parties In
the vicinity of Burns and in the Malheur
Canyon has led Southeastern Oregon per
sons to believe that the Oregon Trunk
Line or some other Hill road Is prepar
ing to Invade that section of Oregon.
Active In securing rights-of-way have
been Colonel C. E. S. Wood, of Portland,
and William Hanley. the big stockman of
Harney County.
Colonel Wood, however. Insists he is
Interested only In the district bond plan
of building railroads, to authorise which
a constitutional amendment will be voted
on next year.
"I have never talked to Mr. Hill about
the matter and I don't suppose he even
knows a thing about it, unless he has
read of our efforts In the newspapers,'
said Colonel Wood.
The Harrlman Interests have made sur
veys In Malheur Canyon and have ob
tained rights-of-way for a railroad into
Central Oregon from Vale, the present
terminus of a branch line. It has been
predicted that this road would be ex
tended to a connection wltji the Natron
Klamath line, giving the Harrlman sys
tem an east and west cro?s-state line.
Quite-recently D. G. Sutherland, who Is
said to formerly have represented Hill
Interests In railway and irrigation pfoj
ects In Washington, nas appeared at
Ontario and applied for a street railway
franchise, announcing it Is the Intention
to build connecting lines through the
valley and across the border into Idaho.
He declines to disclose the identity of
his backers.
In view of the mysterious moves In
that vicinity, surprise' would not be ex
pressed If the situation In the Deschutes
Canyon should be repeated in the Mal
heur, which Is said to furnish the only
practicable route into Centsal Oregon
from the east.
lr. John Neagle Is Dead.
SEATTLE, Wash., Oct. 19. Dr. John N.
Neagle, aged 72. assistant secretary of
the Republican State Central Committee
for the last 10 years, and prominent in
Washington politics since 1890, died at his
home here early this morning of heart
disease. He was born near Charlotte. N.
C. At the outbreak of the Civil War he
joined Lee's army as a surgeon.
Swedes Colonize aj, Yacolt.
VANCOUVER. Wash.. Oct. 19. (Spe
cial.) Twelve families have arrived from
Sweden and have established a colony
east of Yacolt. They have bought 20U0
acres of land, which will be divided into
10 and 12-acre tracts, which will be cul
tivated as fruit farms.
Returns for Gold, Dies.
SEATTLE. Wash.. Oct. 19. Edward
Burch. who was asphyxiated In the Hotel
Denver fire, at Ballard, today, escaped
from the building but went back to get
a bag containing 32 ounces of gold dust
which he had Just brought down from
Nome, and pertehed.
Postal Employes Appointed. '
OREGONIAN NEWS BUREAU, Wash
ington. Oct. 19. Clarence C. Johnson, ap
pointed rural carrier. Orovllle C. John
son substitute, route 1. Clackamas.
Horace B. Cranford appointed postmaster
at Telocaset. Union County.
Railway Depot Is Robbed.
VANCOUVER. "Wash.. Oct. 19. (Spe
cial.) The Northern Pacific Railroad sta
tion was robbed some time last night of
129 In small change and a brass watch.
The police believe they have a clew.
Postofflce Furniture for Eugene.
OREGONIAN NEWS BUREAU. Wash
ington, Oct. 19. Contract for furnishing
the postofflce at . Eugene has been
awarded Louch & Hill of Richmond, Ind.,
at 1637.
Many Enter for Vanderbllt Cup.
NE3W YORK. Oct. 19. Twenty entries
have1 been received for the Vanderbilt cup
race, to be held on the Long Island course,
October 30, and as the date for the clos
ing entries Is not until October 26, it Is
TALKS ON TEETH
By the Rex Dental Co., Dentists.
INSURING TEETH
The patient who comes here for den
tistry takes no chance.
We do not ask him to assume any
risks as to whether or not our work is
going to prove successful.
Every piece of work we do is backed
by our positive guarantee that it will
stand the test of wear and time and
be in every way satisfactory.
If at auv time any of our work needs
adjustment we do the readjusting with
out charge to the patient, regardless of
what caused the trouble.
This Is insurance that insures.
The private practitioner offers his
patients his best services and does their
work to the best of his ability. If any
accident happens to this work or if
for any cause it goes wrong and his
patient returns to make over or repair
he charges the patient the same as for
new work, on the theory that dentistry
is not an exact science and the dentist
no more fjin the physician can tell
what the result of his work may be, so
that If the private practitioner's work
goes wrong he' Is not the sufferer, but.
Indeed, is rather a beneficiary.
With us, before starting a case, we
explain to the patient exactly what
work we are going to do and eiartly
what the -expenses wll be. We then
do the work to the best of our ability,
and it Is to our interest to do it In the
very best, most permanent manner, as
should anything happen to the work
we repair it at our expense, and we
therefore are the loser.
Will you let our examining dentist
look over your teeth free of charge or
obligation on your part?
Send for our book, "Alveolar Dentis
try." It is free.
REMEMBER In addition to our spe
cialty of Alveolar Dentistry (Restoring
of Lost Teeth, doing away entirely with
plates and bridgework), and the curing
of Pyorrhea (Rlggs disease), loose
teeth, we are experts in every branch
of dental work, viz: Porclaln, gold
and sliver fillings, inlays, crowns, re
movable work, correcting Irregularities,
etc. Specialists in each branch of den
tistry at your service. THE REX DEN
TAL CO.. Dentists. 311 to 314 Abington
bldg., 10S Vt Third street.
expected that the number of entrants
will be. increased to at least so.
w "
White Girl Weds Jap.
SEATTLE, Wash.. Oct. 19. After a
courtship that lasted a little more than
four months, and that began during the
onenine days of the Alaska-Yukon-Paclflo
Exposition, Miss May Clayton, who is 25
years old, and Harry S. TsuJI. a Japan
pbo restaurant keeper, were married at
the home of Rov. F. OJaJakl here yester
day. j
cappoose
Orchard Tracts
1800 ACRES DIVIDED INTO 10, 20 AND 40-ACRE TRACTS
25 MILES BY RAIL, ONE HOUR'S TIME FROM PORTLAND
RAILROAD RUNS THROUGH CENTER OF THIS TRACT
S0D1, A RICH, RED LOAM, TEN TO THIRTY FEET DEEP
ELEVATION 500 TO 800 FEET; OUT OF THE FROST BELT
Some of the tracts are on the railroad and all are within
1V4 miles of it, but, without regard to size, location or charac
ter, you can have, your choice for $350, payable 20 per cent
down and 10 per cent a month. Sloping to the south and
west, these lands are particularly adapted to growing APPLES,
PEARS, PRUNES, CHERRIES, GRAPES and WALNUTS and
all kinds of small fruits.
For further information see
Merritt & Palmer
428-429 Henry Bldg., Cor. 4th and OaJc.
Portland.