Morning Oregonian., November 23, 1911, Page 9, Image 9

correction before It Is submitted to tb I I - p pp r s- 1 1 pj 1 1
voter, it waa decided to meet again at 11 I M I II M I ft I 1 1 I IW1 .
the call of tha president, on a date to ) II I I 11 111 111 II I II I III
PLAN FOR REFORM
171- I I I L 1 I bllkllUWi I
TESTIMONY - IS IN
IS MOST SWEEPING
WAR TACTICS ARE STUDIED
Third Oregon !SIhoI ror OHkert
and Men In Seselon.
V
Charles H. Carey Advises Le
gal Fraternity to Awaken to
Shortcomings of Law. .
METHODS OPEN TO CRITICS
Technicalities Coming to Have
More Weight In Co art a Than Real
Merit of Case' M. L. ripe
la Elerted Prealdent.
Declaring- that It waa not to tha
eradlt of tha legal profession to be so
far behind tha tlmea In reform of lta
methods of judicial procedure In an aire
when there ta a general awakening In
many Delda to tha need of reform.
Charles H. Carey. In a areech bfore
the tat Bar Association yesterday.
elahed fearlessly at tha shortcoming
In the administration of rrlmln.il and
rlTll law. lie outlined a sweeping;
plan for reform, dealing In particular
with the adjudication of civil rases,
which, he said, touch personally a
greater number of people.
"In these cases." he said, "tha Ju
dicial method are certainly open to
criticism. Too often the result of a
trial la to leave the person Injured
remediless, or to deny him complete
relief. Court proceeding are fraught
with delays and are loaded with ex
pense. I hare known of the expense
In appeala In the Federal court to
amount to many thousand of dollar,
so that justice could not be obtained
by the poor litigant In these courts of
appeal. I hare known of cases being
delayed on appeal In the state courts
aa long aa two years, so that the delay
alone haa serred the purpose of defeat
ing Justice.
"Because of the fact that ao much
of tha time of the court la taken up
with questions that do not concern the
real matter In rontroTersy. more
Judges ar required than would other
wise b necessary.
Teehaleallttea Ssw Prasstaeat.
Mr. Carey pointed out that technical
ities are coming to nara more weight
In tha courta than the real merits of
tha case. The suitor In a rase, he as
serted, must ba largely dependent for
success upon making no eltp In fol
lowing out with exactness the numer
ous rules that cluster about tha pro
ceeding In written pleadings.
"Mistakes In precision and In legal
phrasing." he said, "are visited with
defeat. In fart, there la aa much tech
nical knowledge required now to
plead under the rode aa formerly un
der the common law system."
The changea suggested by Mr. Carey
were sweeping and radical, lit would
have it made so that tha rules of
pleading or procedure should have lit
tle or no binding force. A plaintiff
desiring to sue should file a notice that
upon a certain day be would ask re
lief against a party, and when that
notice la served, should be entitled to
Ms Judgment, unless the defendant de
manded a statement of the claim. Tha
answer, like the claim. Mr. Carey be
lieve, should be Informal.
"There will be no need for formal
ities or nlcetiee of language, and there
will be no place tor motions or de
murrers." Mr. Carey continued. "It I
ta ba assumed that the proceedings
will be taken down In shorthand, and
that tha trial court will have widest
discretion aa to what shall and what
shall not be Investigated, and that the
appellate court will be privileged to
snd for witnesses and to open up any
or all questions for further Investi
gation. lltlsaate Justice Xeeeaaary.
"I would have tha court aim at ulti
mate Justice. Irrespective of anything
In the pleading, or anything omitted
from tha pleadlnas." he said. "I would,
have the court take the evidence of
fered by tha parties, but not be con
fined to this source of information. It
should get at the kernel of the dis
pute and ahould see that no decision
Is made on such silly grounds a, for
example, that the exemplification of a
record la not exact, or that copies In
stead of originals were used. where
there la no question that the copies
are exact."
Mr. Carey suggested also a revision
of the system to permit the Supreme
Court to review a case upon the origi
nal records, thus discouraging appeals
taken for tha purpose of delay, and
enabling the appellate court to dis
pense with written opinions on points
that have already. In Its Judgment,
been correctly decided.
lie denied that the antiquity of our
Judicial system had any Influence to
Inspire the respect of the people, and
aald that It had failed to adapt Itself
to the requirement of the preent day.
Pointing out the Improvement that
had been made In the governmenta of
the Continent In their Judicial system,
he declared that the adoption of some
of the reforms of the other enlightened
countries would do much to aid In
restoring public confidence In our
courts and their decisions.
Preceding Mr. Carey' paper.'Harold
Preston, of Seattle, gave a full and
technical discussion of tha statutory
provlstona for workmen's casualties,
outlining tha history of t.io growth of
law covering employer' I'.ablllty. and
explaining tha provision of the new
law recently passed in the state of
Washington, providing for the protec
tion of workingmen against accident In
Una of their employment. Mr. lTea
ton was given a rising vote of thanks
by the members of the bar association,
at tha close of his paper, for his able
dlacuaalon of the subject.
Pipe Saeeeeda Slater.
In the election of ofScrrs In the
forenoon, tha report of the nomination
committee waa accepted unanimously.
M. U Plpea will succeed W. T. Plater
aa president: O J. Srhnabel waa elect
ed treasurer, and W. I Brewster sec
rotary. Vtce-presldente for the differ
ent districts were named as follows:
Clarence Reams, or Jackeonvllle; J. W.
Hamilton, of Jtoseburg; Charles L.
McNary. of Palem: J. B. Cleland. of
Portland: F. J. Taylor, of Astoria: O.
W. Phelps, of Heppner: E. N. Hart
wirk. of Hood River; I. A. Johnson, of
Baker: W. II. Brooke, ef Ontario; Colon
H. Eberhard. of La Orande: V- R
Parker, of Fossil, and Henry U. Ben
eon, of Klamath Fails.
Committees from tha Ftata Bar As
sociation and fram the Multnomah Bar
Association will be appointed to confer
for the discussion of the question of
admission to the bar. Tha general
opinion expreosed at the meeting waa
that admlaslon to tha bar Is too easy
under the existing system of examina
tion, and that the sentiment of tha
lawyers favor a atlffer ystem of ex
amination believing that thla will
tend to raise tha general standard of
the profeaalon.
For the purpo of giving the
..i.Hon sn oDPortunlty to dlacus tha
bill to be drafted by tb State Code
Commission and offer auggestlons for (
Much Interest Is being ahown by
member or the Third Regiment In tha
schools for officer and men. which be
gan session the week of November .
These schools were authorised under
general orders No. 1. Issued from the
Adjutant-Oeneral'a office October 21.
It provides for a school for officers
of Infantry to be established at each
armory and drill hall, one session to
be held weekly. Tha senior officer I"
designated aa tha Instructor, and all
offlcera of Infantry are required to
take tha coura of study prescribed.
Tha course Includes lectures, with
written examinations to be conducted
by the Adjutsnt-Oeneral' office. Janu
ary 8. At the sessions in February.
j Argument For and Against
Anti-Varsity Petitions to
Be Heard December 5.
MANY QUESTIONS KNOTTY
XERRASKA THIRD BAr.fAX
TO JOI.X BKAVERS SEIT
SEASON
4
' mi
v
I
v
y
A z
Wtniasa McDowell.
Realising that Tommy Sheehan's
legs are bothering htm. and that
It would ba necessary to replace
tha veteran soon. Manager Mc
Credle. of tha Portland Beaver,
purchased the release of William
McDowell, third baaeman. last
Summer, from the Nebraska
State League, for delivery next
Spring.
MrIowell was highly recom
mended to McCredle by several
friends who wstched the young
fellow s work. The Beaver lead
er heaved a sigh of relief when
the big league draft sent In
failed to contain tha nam of tha
Nebraska lad. Thla left his sale
to Portland genuine, and he will
report at Santa Maria next
March.
McDowell batted over .200 last
season and made a great record
on the bases and In fielding. Ha
la lithe and speedy and la built
like Ivan Olson, whom ha resembles.
Marrh and April auch subjects as "In
fantry Patrol." "Studies in Minor Tac
tics." "Outposts." "Rear Guard Prob
lem." will be considered.
A school for th Instruction of non
commissioned officers and selected pri
vate waa ordered established at tha
same time. The number of private
selected for the work I left to tha
company commander. The text book
used are tb Infantry Drill Regula
tions. 111. the second Text-Book
Manual for Privates of Infantry. 1109.
and the third text-book. Provisional
Small Arms Firing Manual. 1(0). A
feature of the course will be drills In
the Manual of Bayonet Exercises. This
course will be supplemented wherever
practicable by lectures and map prob
lems under the supervision of Major
C. K. IWntler. Fifteenth Infantry. Uni
ted Stats Army, Instructor on duty
with the Oregon National Guard.
Provision Is also made for Instruc
tion for their own organisation by the
senior officer of Field Artillery and of
the company of sanitary troops.
ELECTION ISSUES VITAL
Sheridan Considerably Stirred l"p
Over Municipal Campaign.
SHERIDAN. Or, Nov. 2!. (Special.)
.The approaching municipal election
December f Is causing great political
activity among Sheridan clttxen. A
crisis In municipal affaire aeem to
have been reached, and the election will
decide the policy of tha city. The
loung Men a ticket entered the field
last night. At their caucus last night
the members of the new party named
the following ticket: Mayor. Ben H.
Evans; recorder. John Sanders; treas
urer. E. W. Haas: marshal, Harry
&TUthmayd; councilman on South Side.
K. L Knickerbocker: councllmen on
North Side. Oscar Faulconer and Roscoe
Fields. The caucus was wall attended.
As yet the liquor Issue b.as not en
tered the campaign.
CONVICT LABOR TO STAY
Superintendent of School for FVeble-
Mlnded Requests Prisoners' Help.
SALEM. Or.. Nov. 12. (Special.)
Following his declaration of yesterday
that all tha convict honor men at the
State School for the Feeble-Mlnded
would be removed to other Institutions.
Governor West practically decided to
day to allow tha convicts to be re
tained on a petition of Dr. Frank K.
Smlth, superintendent at the-School.
A showing vii made to the board
that removal of the convict would ne
cessitate the purchase of 1200 cords of
wood, which could be obviated by re
taining the convicts and allowing them
to cut It. and under the circumstances
the Governor said that probably the
convicts would remain at tha school.
PASCO IS GROWING FAST
Town of 700 In lt07 Now Credited
With Population of 4 000.
PASCO. Wash.. Nor. 22. (Special.)
The 1911 directory Just Issued for
Franklin County gtvea Pasco, the coun
ty seat, a population of 4000. - Thla la
a surprise to many cltlxens, who did
not realise that tha town had grown
so fast. Four years ago It population
wa 700.
At present 120S cltlxens have regis
tered this year. This registration Is
unusually large, and Is due principally
to the many Important elections held.
There have been three bond elections
and a local option election.
Womti law Tars In France are permitted
to act as onsKtstrates In rate of children
under 3 years of age.
Parklson Takes Stand In Owt Be
half 5000 Signatures Cnder
III Suspicion, He Says.
Signers Identify Names.
Taking of testimony wss concluded
yesterday In the suit brought by. S. H.
Frlondly. regent of the, University of
Oregon, to prevent the Secretary of
State from placing on the ballot the
referendum on the University of Ore
gon appropriations.
Thai argument will be commenced be
fore Judge Galloway at Salem Decem
ber 5. Among the contested polnta is
tha question of whether the burden of
proving signatures fraudulent la on the.
plaintiff, or whether the state must
prove the genuineness of those st
acked. Another point I tha question of
whether approximately 613$ names
signed on blank sheet attached to
front sheets, on which were copies of
the appropriation bill, the petition and
the warning clause, should be allowed
to count. W. T. Slater and M. L. Pipe,
for the plaintiff, contend that the petition-
should have been at the top of each
Individual sheet. Attorney - General
Crawford and Mr. McAllister contend
that uch formality I not necessary.
Both these polnta will have to be
passed upon by Judgw Galloway.
Qaeatloa of Reliability V.
Another question' which ha arisen
Is: Suppose tha Judge finds that three
or four signatures on a sheet are forged,
would the fact that tha circulator's
affidavit baa been found false with
respect to them ba sufficient to cause
the Judge to assume that the circulator
Is unworthy of credence as to them all?
The attorneys ror the plaintiff answer
in tha affirmative and those for the de
fense In the negative, those for the de
fens contending that this would
amount to disfranchising those who
signed the petition In good faith.
Another difficulty which Judge Gal
loway will have to wrestle with in
making his decision Is found In the
many objections from both side as to
the admissibility of testimony. That
the judge's task will be a hard one is
conceded and. Irrespective of which
way ho finds, the Supreme Court Is cer
tain to ba tfle final adjudicator.
On tha witness stand yesterday Mr.
Parklson told the story or his connec
tion with tha referendum petitions. I
A. Cates. secretary of the Cottage
Grove committee; wrote him, ha said,
asking that ba obtain 1000 signatures.
He consented and sent the committee
about 4300 names, but discovered later
that the committee had entered Into an
agreement with the "Eugene crowd"
to drop the referendum, lie then re
hearsed hi campaign of publicity,
which led to the mass meeting In Cot
tage Grove and tha resolutions adopted
by tha people of that community de
manding that the petitions be filed.
He bad threatened, he said, to obtain
sufficient name and put tha referen
dum through himself, feeling that he
might ba made tha "goat" after tha
subject had fallen to the ground.
SOOO Slgaararea Dubious. '
The witness testified that ha elimi
nated between 4000 and 6000 signatures
which he suspected, and Included In this
number were (00 names which ha had
sent to Cottage Grove. These were
eliminated at Salem, he said, by Mayor
Abrams, of Cottage Grove, and him
before the petitions were filed. He
testified that he had discharged sev
eral circulators he suspected and had
at times kept his petitions In the safe
or Ashley Rumelln. rearing that de
tectives might steal them from his
office.
Requested to tell who had backed
him financially Mr. Parklson declared
that be had received pay at the rate of
2 4 cents a name for about 420S
names from the Cottage Grove com
mittee. The balance bad been col
lected at bia own expense, ha declared,
after It became apparent that the Cot
tage Grove committee was about to
quit. The witness said that ha Is out
between $600 and t00 on the trans
action In addition to his time and labor.
He denied that Joseph Gorham had
told him before the petitions were
filed that the sheets had been hanging
In a saloon In Astoria and that about
400 signatures were gleaned In the
circulator's absence In this way. He
had not heard of the Gorham affidavit,
he testified, until his return to Port
land from California a few months ago
and then Gorham had told him that the
confession was signed as the only
means of Inducing the Burns detec
tives to allow his liberation from Jail.
Spray's Testimony Denied.
Mr. Parklson also produced In court
what he declared to be the forged
signatures which John Spray, of Cot
tage Grove, testified when the hearing
was being held at Salem had been filed
according to Information which he
(Spray) bad received from Mayor
Abrams. of Cottage Grove. He said
he did not believe Mayor Abrams had
ever made such a statement to Spray.
With tha state's admissions of
fraudulent signatures taken Into con
sideration the case now resolves Itself
largely, Attorney-General Crawford
admits. Into a question of the authen
ticity of the 6139 names on blank
sheets of paper. In the case ef Palmer
against Benson, 50th Oregon. Justice
Eakin says:
"Evidently every sheet containing
signatures must have upon It the form
of the petition, but the copy of the act
may be upon a separate sheet."
This opinion was concurred In by
Justice Moore. The third member of
the court. Judge It. S. Bean, did not
participate in the opinion because he
was a regent of the University of Ore
gon, which waa a party to the case.
That case was another referendum of a
university appropriation.
A score of cltlxens. whose namea de
tectives had testified had been forged
or were fictitious, yesterday took the
stand to testify that their signatures
on the petition were genuine. Half a
dozen of Mr. Parklson'a circulators
denied that he had signed blnnk affi
davits on the backs of the petitions.
Strikebreaker's Jar Disagrees.
The Jury which tried the case of the
state against A. E. Blackman. a Mount
Hood strikebreaker, who was accused
of severing the nose of W. O. Powell,
a union picket, with a handax. reported
a disagreement yesterday morning. The
Jury voted. It Is understood, eight for
acquittal and four for conviction. The
prosecution announces thst the case
will be retried. W. M. Davis, appearing
as special prosecutor on behalf of tha
Electrical Workera' Union, declared
that be was not able to have all bis
Overcoats, Cravenettes, English Slip-Ons, Gabardines and Rubber
Coats for Men, Women and Children
Goodyear Raincoat Co, 343 Washington Street, to Sell the Most Gigantic Stock of
v Waterproof Outergarments of Every Description
BY COURT CONFIRMATION
READ
THIS
LETTER
READ
(COPT OF" ORDER)
cVtver for the' Bankrupt estate of Louis Shulman and Harry Shulman. Individually, and
trThi! Couh'erXontirmline'sire of all the assets of said Louis Shulman & Brother,
as contained in their former place of business. No. 706 Market Street, in the City of Phila
delphia consisting of the machinery, fixtures, piece goods, raw material, material In process
of manufacture? and completed garments, excluding said merchandise for which recla
Sf.tEn nrooedinis have been instituted, to C Josepheon (representing the Great Britain
Rainproof Company ), for a total pu
with the ; further prlvilega to said purchaser to remain on the premises at the expense
TlllSFttfF&'l Period oPf thirty days .r. October tmi
of
Attest:
T. D. COBAUGH, Deputy Clerk. -
United States District Court, Eastern District of Pennsylvania.
READ
THIS
LETTER
READ
- mm m at W1 ! 11 1
$0A Ann Louis bhulman c i5ro., or rnuadeipnia
jUjUUU Stock Raincoats Purchased Under Factory Cost
in nrocTess. Doors are open to ine most senaawwai uuuwpwwus 6 r ;
matchless stock must be disposed of within ten days. $30,000 worth of emmently stylish and quaMy rainproof
Sale is now
. , ai
cTtf ol mOOoT AOT . lEMEMBER, every garment is essentially NEW, fashioned superfinely, and marked
leS3 than half of the price attached to it when it lelt tne iactory.
COME!
GROUPED INTO FOUR WONDERFUL
Mens and Women s Up to $18 Classy Raincoats,
Slip-Ons, Priestley Cravenettes AK
LOT
NO.
I
All made in ultra-smart and distinctive styles, of fine
serges, mohairs, velours, poplins and all the newest
materials, in the newest colors and latest models, all
to go at the wonderfully low price
LOTS OF STIRRING BARGAINS
V'
5, '
LOT
NO.
2
A Fine Group of Mens and Women's Sturdy Rain
proof Coats Priced Up $24 $0.75
Utterly impervious to rain, extremely serviceable,
stylish and elegantly made, lined exquisitely; all to
go at $10.50 and
LOT
NO.
3H
A Surpassing Array of Men s and Women's Gorgeous
Gabardines and English Sb'p-ons Priced Up to $30
In striking assortment, are all the newest and
most favored fabrics, tailored into handsome
smart Gabardines and English Slip-ons that im
mediately impress with their beauty. All to
go at the startling price of $13.75 and
:$
Comprising the Newest in Service Coats for Men
and Women Priced as nigh as $40
LOT
NO.
4
This unrivaled assemblage includes all the high-
grade coats that spell SERVICE in their make
up, due to the superior tailoring involved, the
excellence of the materials, the distinctive styl
ing their waterproof qualities and their individ
ual models. All go at $17.50, $16.25 and
$1
41
- i wsTi i i i ,3 i i a w
iiii
Girls' Storm
Capes with
storm hoods
$2.75 Capes
at
$1.25
$3.75 Capes
at
$2.10
The values described above will be found exactly as advertised. Intending
buyers who desire to make a careful selection are advisd to call during
opning hours.
(Hi
m
U BalBJBl M
l(slW!
1NC0AT COMPANY
O yfl O WASHINGTON STREET 2LZ
0tl-0 one door above seventh ss. -J"Tr-J
Real nifty tan
Rubber Slip
ons for b o v s.
Black S t o rm
Rubber Coats:
$3.50 Coats
tt$2.25
$4.50 Coats
&t$2.75
raj)
1
tTha cases are all mild. Dr. Whits re
ports.
witnes... on hand for thUl
will hava.them wnen aa
kiii ,.. aarlv as pos-
Vt Tn.fl'r.t.a triad, that of H.U
WrlKh't. strlKeDreaaor
charted with Injuring" a union picket
with an ax. resulted In a verdict of ac
quittal.
CONTRACTOR IS ACCUSED
Vancouver Man Says Charg Against
nitn Is Due to Mistake.
VANCOUVER, Wash, Nov. 22.
(Special.) TV. F. Guernsey, a contract
or, of this city, who has filled large
road-building- contracts for the state
In Kins; County In the last year, was
bound over to the Superior Court or
Clark County today on a charge of ob
taining money under false pretenses.
He wa released under 11000 bonds,
signed by L M. Hidden.
liuemsey who has done much work
for railroads in the Northwest, and
1 said to have lost heavily on a state
road contract.-says that when he Is
sued two checks on a Tacoma bank for
about $30, he had money in the bank
to pay, but in the meantime, before
the checks were offered for collection,
his bondsmen attached his bank ac
count. Milton Evans, of the Vancouver
Trust A Security Bank, is complaining
witness.
CheliaUs Cows to Be Tested.
. CHEHALIS. Wash.. Nov. 22. (Spe
lal.) Dairymen in and about Chehall
in the Chehalls and Newaukura valley
have organized a cow-testing associ
ation, with E. G. Lowry as president
Kamii.i niinffrtuli secre tarv-treas -
urer. At the meeting, which was called
by State Iolry Inspector Van Houten,
the owners of more than BOO cows were
represented. Thla is 75 more than nec
esFary for one inspector, and there is
talk of organizing a second one. to in
clude ome of th territory southeast,
beyond Newaukum prairie. An In
spector will be put into the field at once
..... ma Am n t h rows and their
product. The purposes are to deter
mine what cows are worth keeping,
with the plan of weeding out the non
productive animals.
Smallpox Cases Now 21.
tw foiTln B. White received re
ports yesterday of two additional cases
of smallpox In Lincoln County. When
he Investigated conditions there Mon
day there were 17 cases, but two cases
were reported Tuesday ana two w ta-
nesday, making 21 the total of cases
there now. Dr. White expects to leave
strain Sunday to investigate more
thoroughly. All the cases were con
tracted from one man, a laborer on the
Corvallls & Eastern Railroad, who
went about several days while affected.
Tlia Prlnoe of Wales, much to bis dlsap.
polntment. It is said. 1. not destined for a
naval career. He may spend only six
month, on the Hindustan and afterward
enter a caralry regiment.
Particularly the Ladies.
Not only pleasant and refreshing to
the taste, but gently cleansing and sweet
ening to the system. Syrup of Figs and
Elixir of Senna is particularly adapted
to ladies and children, and beneficial in
all cases in which a wholesome, strength
ening and effective laxative should be
. It : rwrfrrtlv safe at all times and
dispels colds, headaches and the pains
caused by indigestion and conshpahon so
promptly and effectively that it is the one
perfect family laxative which gives satis
faction to all and is recommended by
millions of families who have used it and
who have personal knowledge of its ex
cellence.
Its wonderful popularity, however, has
led unscrupulous dealers to offer imita
tions which act unsatisfactorily. There
fore, when buying, to get its beneficial
effects, always note the full name of the
Company California Fig Syrup Co.
plainly printed on the front of every
package of the genuine Syrup of Figs
and Fl'vir of Senna.''
For sale by all leading druggists. Price
50 cents per bottle.
The kind with the natural flavor of I
the tomato keeps" after it is opened
Ittae Lalhet
Made
MM
'Kg
cjxtfig
Contains only those insprecEeots
Recognized and Endorsed by tbo
U. S. Government,
rti.Ml gul.ufffir r-nB Bfm Board.
juwi fcrtiii Stat Faod and Deiry Cusiaaaiiiiani'i.
from red-ripe tomatoes fresh from the foid cosofesocd
pure spaces, psepawed m ckaoty tascMos.
Formula and label unchanged the
Food Law now conforms to onr
high standard of exoeQenoa.
Omr htekum ami att of our other dpat tt art
ahoatf ogm and vitiior or mad awfeoa.
Insist upon goods bearing our name
CURTICE BROTHERS CO, Rock N. Y.
i