THE MORXIXO OHEGOXIAN. "WEDNESDAY, OCTOBER 4. 1911. RAILROAD'S APPEAL IS NOT ALLOWED Edgar Hofer Wins Finally in Supreme Court Against Medford Line. HOP CASE NOW DECIDED Oregon' Highest Tribunal Return Many Opinion In Case Ap pealed Kroni Circuit and OUwr Courts. SALEM. Or- Oct. . (PpeotaD By allowing a motion to dismiss th ap peal In th riH of Edgar Hafr againet th Medford. crater Laae ni"ro.u Company el'al. defendant, and A. Pavta. claimant and appellant, against j f. Reddy. a receiver of the road and respondent, that well-known cas cam to an and today in i.'ie supreme ju. it anoealed from Jarkaon County, Judg F. M. Calklna sitting In the lower court. Th opinion waa iinn "i f-lf luaflra lis kin. In tha complaint It la aliened that tha original Incorporator Issued to themselves, am fully paid. V per cent o4 the atock of the corporation. SO.0O0 share, when. In fact, nothing waa paid for It. except that It waa ahown by tha mlnutea that a reaolutlon waa adoped to purchaae from one of their number all of me ngnis 01 wj. lunrj. .... mate and fraix-hia for the aum of i:n.000 and mad It appear on the took booka and recorda that tha aum had baen paid. It waa alleged further, that the whole proceeding waa a device on the part of the promoter to secur a majority of the etock folly paid up. wnnoui r rant, to them. The plaintiff. Hater, a., a atockhoider. commenced ault on " behalf of hlmeelf and others, to hare a receiver appointed. A receiver waa appointed who Bold tha property to tha corporation for the aum of HJ.oOO. .- IS7 of which waa paid in satisfaction of the mortgage debt of the company. R'lvT Dsaallawa Clalss. After the aala of tha property Davie presented to tha receiver a claim tor lil.TSl for money advanced by him to the company and applied on eonsiruc tlon work. Thla claim waa disallowed bv tha receiver. Davis loat in the lower rourt and appealed. The Supreme Court dismissed the appeal becauae ail parries to the litigation were not aerved with notlca. Another of tha multitudinous enlta of Kreba verau Ltvesley waa decided to day In an opinion by Justice Bean, the former opinion being adhered to. Thla waa on rehearing and related to a hop contract. On the day of tha delivery of the hop In question, aa per the contract, de fendant offered plaintiff eight cent per pound, the contract price be In 14 cent. and the market price on that oate, seven cent. Pefendanta claimed that plaintiff should have accepted thla offer. making; a difference In the damage of 1 1000. It waa held that the rule of damages on failure to perform tha con tract waa the difference between the market prlca and contract price on the dav for delivery. Appeal la eustalned. The caae of Oeorge N. HoIgon versus M. T. Ooodspeed waa affirmed In an opinion by .luetic Moor. Th appeal waa from Tillamook Cornty. In thla caa an amem'ed complaint waa filed but no time was fixed In which to file an anwer. The allegations of the complaint wera not denied and the County Clerk entered a default and Judgment against th defendants, who moved in tha County Court, when tha action had been pending, to set aside th Judgment and foreclose to anawer on tha ground that no derault Bad occurred. Thla motion was denied and a writ of review sued out. When tha proceedings were certified up to th Circuit Court the Judgment waa an nulled and the cause remanded with directions to Ox a time In which to answer. From the latter Judgment an appeal waa taken and It waa held that It waa void and Incumbent upon th County Court to act it aside, but In re quiring to do so tha Immaterial act be came an exercls of discretion and Judgment, which waa subject to review and th determination of th Circuit Court wa affirmed. Error Xat raaasalrte. The case of M. P. Cannon versus Alice K. Mtlner. appealed from Multnomah County, was affirmed In an opinion by Justice Moor. In this caa. which waa a suit Insti tuted In Multnomah County to set aside a contract for the purchase of a half Interest in the furnlur and a leas or a boarding house, on th ground of fraud, the testimony waa reviewed and It waa held that no error waa com mitted In refusing to grant tha relief demanded. In strictly foreclosing an equitable lien reserved aa security for the payment of th consideration. Other oplnlona today were: sllr.sj A ism 4 r?.e. The City cf Portland, vs. Investment 'ooiranr. spe.sTed from Multnomah Counter C. V. iiaxtentln. ludse: mot ton to dismiss allowed v M.f Juatve Kaktn. This case a. to. determine vslMtty of ordinance and ln.Mmtil Trr opening Klrapaoa street. Bontoa Bowman, trustee In bankruptcy of tn eotet. of W. K. :erul n. W". K. and Llsste Shertll. appealed from Wash ington Ceuntr. J. I, lempbell. Judse: mod tried ta an optatoa by Justice M-:Bnda L H. Taffe vs. O. R X . appealed from Waar. County. W. L. BrsJthiw, Judre: af-fr-ne.l la aa opinion by Justice VtcHNde. This Is sa action of dsrre.se on account of destruction of plaintiffs caanery and rotd sinta. warehouse by fire occasioned v sparks nted by one of defendant's to eosottes. i ie plaintiff recelred . demaaee. K. H. Ayer ti fleth . Maes, appealed from Tillamook County. William OsJlowsy. tu-tss: aftrmed in aa opinion by Justice Eakln. FORT STEVENS MEN DRILL Infantry Kvolutton Are PrsK-t toed for SO Day. FORT STEVENS. Or.. Oct. J- ( Spe cial r Fort Steven for th past JO days has been the center of a aerie of Infantry evolutions prepared for the purpose of training and accustoming the men for active campaigning should the occasion arise. Fvery second day long practice marches were made la heavy marching order. This means that all who partici pated were obliged to carry camping paraphernalia exceeding it pounds. t'n th alternate days. when tha marches were not made, th troop were moved to the hills and there thoroughly Instructed In the art of constructing different types of protect ing trenches. .Sot only were trenches of different type built, but special In structions were given In the art of preparing masks for th defensive works. to well were some of the tranches concealed that at a distance not exceeding V0 yards they were practically Invisible because they were mad to resemble closely the sor rounding landscape effect. Th last four day of th month were devoted to a long practice march, tha troops encamping every night in th open. In addition to tent age. blankets. guns and mess kits, th marching troop were obliged to carry Intrench ing tool, which Included wire cutter, axes, apadea and mattocks. On th la. -I morning of the four-day march 15 a. rniies war mad with all this surplus weight In four hour and 10 rr.ii.Qtes. All men who started com Dieted the march, although some were exhausted. In fact, several were oongeo to go to tha hospital the following day On of tb private's feet were o Ir ritated that they were bleeding, but he refused to aeek refug in the am bulance which brought up the rear of the marching column. Captain Young, battalion commander, on completion of the march, fcompli- WILI.AWGTTE CRADl'ATF WILL TKAC'H IX UltVERTO HIGH SCHOOL. t S I.. r v. Ijasaavnss Mlaa Tkeeeeala Beaserl. WILLAMETTE UNIVERSITT. Salem. Or, Oct, J. (Special.) Miss Theodosia Bennett, who waa graduated with high honor from th College of Arts In June, has accepted a position as teach er of English and history In th Sllverton High School. mented th man highly not only for their exemplary conduct during th four daya. but for their fortltud and attention to duty. GONV.GT ADVISES WEST PRISONERS LACGH AT POLICY OP REFORM, HE SATS. Bold Threat Made of Future Coarse ( rackunan Will Take When Be Has Served Term. SALEM. Or, Oct. I. (Special.) "Th majority of these men -whom you ar favoring are laughing In their aleevea at you and have no appreciation of your policy of leniency." Theae ar ar words which were directed at Gov ernor West a few day ago by a prisoner who Is serving a long term n the State Penitentiary. Hia nam a withheld by th authorltlea becaunr. they aay his statement might make his future life at th prison none tjo pleasant for him among th otr.er convicts. 'As far as I am concerned." he. do dared In hi conversation with th Qov ernor. "I do not want your lonlency. either through a pardon or a parcle. I am guilty of th crime which I hav committed and Intend to serve Cut my term at th prison. When I am through Ith this term I am going Tjack to safecracking again. That la my oc cupatlon and always will be. If I hap pen to get caught that 1 my fault. If th officer don't catch me that la their fault Your leniency would not help ma any and I don't look for any of It or don't want It 'And you can take It from m that two-third of th men whom you ar helping bar Just about trie same view of the situation tnat I nave. When they get out of prison they ar going back to their old proleeston- and they ar laughing at you behind your back for giving them th chance. The man who gave the foregoing advice to th Governor shortly before th executive left for the sea coaat a on of th beat-known cracksman in th Northwest. Similar statements hav been mad befor ty convicts. CHURCH UNITY DISCUSSED Hood. River Pa tor Say Petty Ilf- frrence-s Bar Union. HOOD RIVER, Or, Oct I. (Special.) Church unity or federation has be come the main theme ot aiscussion with Hood River ministers. It wa begun In the Vpper Valley by Rev. Mr. Van Nur. a Presbyterian minister, who Is th pastor of th union church of th district Within th paat month nearly every member of th local min istry has touched on cnurcn union in bis eeurmona. Rev. E. Harris, pastor of th Con gregational church, said today: "Th churches will hesitate to unite until th people of their Individual churche learn how to live, together In their own church; until the various churches stop calling each other names, quar reling over non-essentials and reading each other out of the church becauae they do not all think and act alike: and until th churches seeking union ar a ready to give up and lose themselves for a larger movement as they ask the others to. Down at bottom the truth la that the churches. Ilka men. have not the grace to get down on their knee and confeaa their alna In public." Fishing Season Moat Succeaoful. BAT CITT, Or.. Oct S. (Special. V Th fishing season thla year has been so fsr a most successful one. The pack at th Oregon KTsherle Cannery here will total !.vo casea for th season. on the basis of the pack for tha paat period of time, which I only half of th aeason. Th pack o far ha ex ceeded IO.mOO. and about ISO tierces of salted fleh. Ther ar two cannerle on th bay, and th catch at both for thla year la expected to far exceed the catch of the past year, when ther wa only one cannery working. Th largest catch for th season waa that mad by Pike, on th Wilson Klver. with a t net when he secured on and a half ton In a night. All th fisher men ar now changing their gear In anticipation of the run of Ilversldea. Tha run of chlnooka. now about over. waa a fin one. all th fish being ex cept Ion ally large. BURNS MEETOPENS Journey Through Crook County Beset With Bad Weather. PORTLAND MEN SPEAKERS PrTrlopment Work Taken Cp at Session. Yesterday Party to Be Present at Railroad Cere mony at Bend Today. BURNS. Or Oct J. (Special.) Th delegation from Portland and Crook County was halted Sunday night In the mountains of Crook County by a snow storm and members put up for the night at comfortable place en route. - They came on yesterday, arriving at 3 o'cloc'. and found pleasant sunshine in Harne,y Valley. Several autos were sent Out from here to the Burns Commerv Ja.1 Club to meet the party and give any relief needed In caae of disabled ma chines. On their arrival here the v mem bers met a rousing welcome frou i the local people and the delegation from Lakevlew. Burns is beautifully decoratfvd and there la great enthusiasm. A lrmcheon was served to the visitor In 'Masonic Hall and the outsiders gave Burns and Its clttxens great praise. .'President Hanley, as soon a word cant s Sunday night thst the party was stalled In the mountains, started in hl.m machine and went through to Paullr.a. Tha league met yesterda.-- afternoon In formal session and or-gsnlxed for work which was begun In earnest today. The Portland men affer their hard ride are In good eplrltt, and will not need any further argMment for the necessity of railroads .through this re gion. At the forenoon meeting ad dresses of welcome were delivered by Mayor Clavenger In phalf of the oity. and Judge William 5 filler In behalf of the Burns CommercAaU Club. The re sponse wl made 'bv fl. F Johnson chairman of the exjcutlre committee of the Portland Convmerelal Club. C. C Chapman also spo ke on behalf of Ore gon Development League and Central Oregon Developer tent League. Today the 'Harner Countv KlTair opened and the, exhibits In all lines. products oi iYts county, were a sur prise to th visitor from th outside, the grains, g.raaaes, fruits and garden products being found to compare fa vorably wlUi those In less Isolated sections of the state, while th stock exhibit w.r. declared by many to be one of th best seen this year. The league coo vention closes tonight with a banquet and nearly all the delegates will go tw-ross Central Oregon by auto mobile tj Bend, to be present at the Driving -of the golden SDlke on Thura day. "sr'nen the railroad Is formally open! to that thriving city on th Lscn.ntes by James J. H11L STIflKE TO FAIL, SAYS HILL R- llroad Builder Pays Visit to Seat' tie on Way to Portland. SEATTLE. Wash.. Oct I. (Special.) That the Federated Shop Employes of the Harrlman system and the Illinois Central are riding to a fall Is the strong belief of James J. Hill, chairman of the board of directors of the Great North ern Railway, who arrived here today by special train. Mr. Hill expressed sym pathy for the strikers, who, he believes, will And that the railroads Involved In the present strike will quickly flu the places vacated by the strikers and that the latter will be out of employment for a long period. "The strike of the shopmen Is very untimely." Mr. Hill said. "Hers, In Seat tl and on th Pacific Coast you do not hav such a large percentage of unem ployed men aa prevails In the East The Coast has been fortunate in this re spect "The unmber of unemployed work men, skilled and unskilled. In the East and the Middle West Is so large that th shop employes of the Harrlman road and the Illinois Central have no chance to win. The Hill party left for Portland at t o'clock tonight to be present at Bend, Or at th celebration and driving of the golden spike commemorating the completion or the Oregon Trunk Rail way, on Thursday. QUIET 1AY TO BE PASSED HERE Jfo Entertainment Arranged for Party While In Portland. J. J. Hill and son. Louis W. Hill, to gether with members of their party, are expected to arrive In Portland early thla morning. They will leave on special train for Bend at I o'clock thla afternoon. J. J. Hill will officiate at the golden aplk-drlvlng ceremony ther tomorrow. Carl R. Gray, president of th Hill line In Oregon, remained In Portland yesterday, while the other official went to Seattle. H has made no plana for th entertainment of the vlsltora. Mr. Hill. It la understood, desires to pass a quiet day In Portland. ACCUSED "SLAVER" WEDS Girl Gaily Accept- Young Hooper After He Is Acquitted. SAX FRANCISCO. Oct X. (Special.) Freed from the law In menacing guise today In the United States Dis trict Court Errol F. Hooper, aged 21 years, gladly accepted an alternative. Hooper, formerly assistant steward on the steamer Harvard, waa charged with white slaving" in bringing Clarice Jacquenot from Portland to this city. On the witness-stand the girl, who Is young and pretty, displayed her sym pathy for the accused man and after this his tearful mother declared that she knew he was not a bad boy. The Jury, vtalbly affected, apent only a few minutes in rinding a verdict or not guilty, which Judge John J. De Haven received In grim silence. In the corridor outside the courtroom Hooper asked the girl to marry him. I waa gaily accepted and the pair with Hooper's mother, made their way to the LDIlnlJ livh m viiik. lu ei iiiv a, cans. Ml v 1 Rl I llpfi III See Window Display II 1 flitt See WindoTv Display Extraordiiniajry Skirt" Offer! That is Worth Considering. New, seasonable Skirts being offered far below usual prices, and A WAIST FREE IN ADDITION. A FEW OF THE SPECIALS $3.75 for Skirts Worth to $5.50 Here's a splendid lot of fine all-wool panamas and serges in a pretty variety of styles; some plain, others pleated, in a number of different styles; blacks, blue and browns. Worth to $5.50, Sale Price $3.75 $5.95 for Skirts Worth to $8.50 A beautiful variety of clever styles in all-wool serges, worsteds and panamas, plain, paneled or pleated styles; very finely made; blacks, navysVr browns. Regular $8.50 Skirts, , . t Sale Price $5.95 $6.95 for SldrtsWorth to $10.00 A very superior lot of finely made Skirts in very smart ney styles; pretty mix tures, fine serges and chiffon panamas. Not a Skirt in lot worth less than $10.00, Sale Price $6.95 FREE! $13.50 Raincoats at $9.85 Here's just the kind of raincoat you will need for these rainy days. They're made of fine double texture, plaid-lined raglan or set-in sleeves. Actual $13.00 coat at Only $9.85 Other splendid values $13.95, $14.75, 517.50 and $19.50. A regular $1.50 Waist will be given free with every skirt bought Wednes day and Thursday. 73 FREE! i j Tf ,, ijmMi ii, hi. i i.wi.jsjpi . .ji h.ipi $25 Caracul Coa't $ 1 7.50 A fine quality silky caracul, ,'..ined with splen did quality satin, large roll collar, perfect fit ting; all sizes from 14 to 44. You can buy no better elsewhere at $25.00, Special $ 1 7.50 OUR GENUINE EUSSIA'Jf PONT COATS AT $57.50 UNEQUALED EJSEWHEEE AT $75 Claud E. Demlnn. Shirley D. Parker. Mark A. Paulson. Percy C. Wood, Charles J. Zerzan. EL L. Dodd. R. M. Burlay. Stanley H. Rich. Kingman Brewster, a. U Klusj. John H. Hen drlcksen, Melvln D. Snow, Paul C. Lay bourne, C. P. Judge. R. C. Robblns. J. Q. A-nold. Ralph C. Dlmlck. Sidney 8. Johnson. Floyd Searle, C. W. Noyes. George Crago, R L. McKenzle, W. R. Royal and Q. F. Skiff. Goldsbur Heads Association. HOOD RIVER, Or, Oct. 3. (Special.) At the annual election of the Upper Valley Progressive Association at the Parkdale Hall last week, the following officers were elected: John Goldsbury. re-electedpresldent: Q. M. TJptegrover, vice-president; C. P. Johansen. treas urer; W. L. Mason, secretary, and R. E. Babson, publicity manager. The Upper Hood River Valley has had a number of new settlers this Summer and a great acreage of land has been set to trees. freshmen girls refused bids to enter J ties. An Immense reception was glv- tomorrow they have to answer the the Greek letter societies. Eighty- en the new candidates tonight at j doorbell and telephone and act -like three co-eds in all Joined the socle- which they will reign- supreme, but any . other freshmen. The Brown Bottle from 3. a flZ-!M) i,. tne & purity Score or More) Girls Refuse Bid. UNIVERSITY OF" WASHINGTON, Oct. . (Special.) "Rushing aeason" closed her this week rather unsatis factorily for the sororities when 27 Swisoco Grows Hew Hair Stop Dandruff and Scalp Diseases and Bestorea Gray Hair To Ita Natural Color. 'Want Hair? Try Swiss. Swlssco Is the latest and most scien tific Hair Remedy our product repre aentlng years of study and acientlfio research. Thousands of dollars have been spent to produce thl wonderful hair grower. To prove Its efficacy we start you with a bottle free if you will send lOo In stamps or sliver to pay postage we will send you a free trial bottle with astonishing testimonials to prove our claims. Address Swiesco Hair Remedy Co, 3S4 P. O. Square. Cincinnati, Ohio. Swlssco Is on sale at druggists and drug department at 60c and 11.00 a bottle. For sal and recommended in Port land at OWL DRUG CO. STORES JUST TRY A TEN CENT . BOX OF CASCARETS laasrre ya for mestks asralaat a tllck Headache, Blltanaaeaa, Cfmsttpa tloa ar a Baa. Stansaca. A DAlr of s allows of s-fnvrDnn jn T? r... hav. ato :.a a nsnbr of tenartanaa bank Botes to lis. their act. Albany Students Ek-ct Officers. ALBANT. Or, Oct. J. (Special.) The student body of Albrfny College today elected officers as follows for this school year: President. Arthur Hodge, of Arago: vice-president. Leslie Lace y. of Creswell: secretary. L. A. Jonea. of Myrtle Point; treasurer. C W. Pickens, of La Grande. Score Take Bar Examination. SALEM. Or, Oct. S. (Special.) Twenty-five applicant are taking th bar examination here before the Su preme Court. Among there Is Emery C Dye. son of Eva Emery Dye, Ore gon' famous author. The other are: Put aside Just once the Salts. Cathartic Pills. Caetor Oils or purga tive waters which merely force a paasageway through the bowels, but do not thoroughly cleanse, freshen and purify these drainage or alimentary or gans, and have no effect whatever upon the liver and stomach. Keep your Inside organs pure and fresh with Caacarets, which thorough ly cleanse th stomsch, remove the un digested, sour and fermenting food and foul gases, take the excess bile from the liver and carry out of the system all the decomposed waste matter and poisons in the Intestines and bowels. A Cascaret tonight will make you feel great by . morning. They work while you sleep never gripe, sicken and cost only 10 cents a box from your druggist. Millions of men and women take a Cascaret now and then and never have Headache, Biliousness, coat ed tongue. Indigestion, Sour Stomach or Constipated bowels. Cascaret belong In every household. Children Just love to take them. TTnaSTrriVMMJ'aai.F..J lS l::':;ii:Bi!-ssi 1 - TfW BATi-lMiraiBKttlJ Jl See that crown or cork ?f ii IT lEtYfly is braiideJScMtzJ' jSfe j i i VaV f . mt I' - t. Oiftll ..fl . reTwern to srcrc ii as v Schlitz is brewed in the dark sd for months in glass lined enameled tanks bottled in sd rooms where even the win dow shades are drawn to exclude the ligKt then ,sent to you in brown bottles. Without all of these precautions, no beer can be healthful, and who knowingly would drink beer that was not. Light starts decay even in pure beer. Dark glass gives protection against light. We have adopted every idea, every inven tion that could aid to this end. Today,, more than half the cost of our brewing is t spent to make and keep Schlitz beer pure. If . you knew what we know about beer, you would ask fof' Schlitz Schlitz in Brown - Bottles." PKonesainus Henry Fleckenstein & Co. 204-206 Second St. Portland, Ore. 4 I I 111 .1 I m ill Br I The Itat Made WOkn BeeT .10