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