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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 27, 1911)
IS TT1E MORXIXG OREGOXIAX. WEDNESDAY, DECEMBER 27, 1911. J. G. MACK & CO. FIFTH AND STARK J. G. MACK & CO. Our Annual January Sale Begins Today v We have just one sale a year just one month when you can Many anticipate their needs, and buy We don't have a sale every week, or every month, or even every six months. buv house-furnishings from our stocK at less man uunuKu 'Hundreds of people who know good furniture and furniture values wait for this sale for months voneed ffurLwou can save a lot of money by buying it now. Ever,- piece of furniture in the house is sharply reduced m price. On sonTe of The Sdd ieces and broken suits the reductions are sensational -real reductions, based on our regular cash prices and not on flateTiSstaLTnt prices We make no reservations, but offer the cream of our stock, which is much the largest, newest, most distinctive stock of good furniture in this market. January Sale of Floor Coverings Here are a few of the many special values in the Carpet Section: 4 patterns Wool Velvet Carpets, small figures, no borders, per yd. .Q5 4 patterns Extra Axminsters, with borders, regularly $1.55, now S1.10 4 patterns heavy Velvets, with borders, per yard S1.20 6 patterns Wilton Velvets, small figures SI. 120 6 patterns Body Brussels, small quantities S1.47K IN RUGS Ardahan Axminsters, 11.3x12, regular $55.00, special S42.50 Ardahan Axminsters, 10.6x12, regular $40.00, special S29.50 Ardahan Axminsters, 10.6x13.6, regular $45.00, special $33.00 Special Brussels Bugs, 11.3x12, regular $33.00 special S24.00 Body Brussels Bugs, 10.6x12, regular $42.50, special S34.00 Wilton Bugs, 6x9, regular $30.00, special 822.50 Wilton Bugs, 6x9, regular $27.50, special S19.50 Wilton Bugs, 8.3x10.6, regular $40.00, special S32.50 Wilton Bugs, 9x12, regular $40.00, special..., S34.00 Wilton Bugs, 9x12, regular $45.00, special S39.50 Wilton Bugs, 9x12, regular $52.50, special S45.00 Wilton Bugs, 9x12, regular $55.00, special S47.50 FIFTH AND STARK This Suit is shown in four woods Mahogany Circassian Walnut, Birdseye Maple and Oak. It is notable for its beauty of design and finish and excellent construction. For January: Dresser... $23 Chiffonier. . .$22 Dressing Table. . .$15 Bed... $19 0 9 NOTABLE-BEDROOM VALUES Solid Mahogany Colonial Suit: $85.00 Dresser, now. .$65.00 $50.00 Dressing Table. .. $38.00 $72.00 Chiffonier, now. . . . $60.00 $60.00 Bed, now $48.00 Circassian Walnut Dressers, from $150,00 to $100.00 Circassian Walnut Chiffonier, from $140.00 to $ 90.00 Circassian Walnut Toilet Table, from $90.00 to $ 55.00 ROSEWOOD SUITES, FRENCH STYLE $90.00 Dresser $60.00 $65.00 Chiffonier $45.00 $55.00 Toilet Table 840.00 $55.00 Cheval Glass $35.00 $75.00 Bed $50.00 $32.00 'Boom Table $22.00 J. G. MACK & CO. Furniture Bargains From AH Over the Store Mahogany Library Table, regularly $40.00, sale price -.$25.00 Mahogany Library Table, regularly $80.00, sale price $48.00 Mahogany Library Table, regularly $115.00, sale price $85.00 Mahogany Davenport, regularly $ 75.00, sale price 858.00 Mahogany Davenport, regularly $115.00, sale price $90.00 Mahogany Davenport, regularly $175.00, sale price 8125.00 $ 20.00 Solid Mahog'y Bocker, loose leather cushion, sale price $15.00 $ 35.00 Solid Mahogany Bocker .- 827.00 $ 42.00 Overstuffed Chair, mahogany legs S30.00 $ 75.00 Solid Mahogany Arm Chair 860.00 $100.00 Early English Oak Bookcase $62.00 $100.00 Mahogany, Bookcase $60.00 $ 90.00 Mahogany Bookcase 855.00 ' $ 95.00 Mahogany Extension Table, 54 inches by 10 feet $75.00 $100.00 Mahogany Buffet $75.00 ' $ 55.00 Mahogany Serving Table $40.00 $ 65.00 Mahogany China Closet .....$30.00 Arm Chair, with leather seat, now $14.00. Side Chair, with leather seat, now $9.00 Specials From y the Drapery Department We offer a large number of short lengths and dropped patterns in Madras, Scrims, Nets, Cretonnes and light-weight fabrics of every sort in quantities to close out, at one-third regular price. See them. FIFTH AND STARK FATHER'S PLEA WINS Insanity Move in Patterson Case May Rescue Lad. EPILEPSY ATTACKS TOLD Son of lAormcr Governor of Tenon- hc Mar Not Have to Stand Trial Inn7 Commission Acta In Favor After Pay's Hearing. SEATTLE. Wash, Pec. I. When Malcolm L ratterson. ion of t-Oo- raor Malcolm R. Patterson, of Ten nessee, shot and dangerous wounded It. T. Seal at Tort Orchard. December . he was suffering from "alcoholic epllepsr." or "dipsomania. Induced by drinking continuously for At years." This waa the finding of the Lunacy Commission that sat at Fort Orchard today to hear the Insanity complaint fled agalnsf young Patterson by his father. Tha Lunacy Commission re ported It was dana-erous to permit Pst l.rioa to be at large and recommended he he confined in some Institution where proper treatment ran be given him. In accordance with the finding, the defense asked that Judge A. IV. Fra ter. of Keat'le. who presided at the hearing In the absence of Judge Yakey. of the Kitsap County Court, issue an order permitting es-Governor Patter son to take his son back to Memphis for treatment. Elmeewtlea Stay Aaked. Thls motion was opposed by Prose cutor Stevenson, who asked for a stay of execution, so that he can appeal to the Mupreme Court for a writ of pro hibition restraining the removal of Patterson from this state until after he stands trial on a charge of assault with Intent to kill for shooting Seal. Jndge Frater granted a stay of two days and If the appeal Is not perfected at the end of that time Patterson will be relessed to the custody of his father under $i0S bond to guarantee that he win not return to this state. Patterson waa brought to Seattle from Port Orchard tonight and lodged 1n the King County JaU. where he has been held since the shooting. The first testimony Introduced today was concerning a serious Illness In Memphis which affected young rat tenon's mind while he.sas a r-o?. The lllnees had resulted in later years In attacks of epilepsy, during which be became Irresponsible. Former Governor Patterson testified that during his son's school yee.t-1 he failed to attain anything bit a medi ocre record: that he resorted to low companionship, refusing to associate with persons of his family's social standing, which frequently ted him Into many nrt seemly escapades, one resulting in his being slasbei across the face with a knife. Appeals) ef e Avail. Governor Patterson said that all objurations and appeals produced not the slightest response In the young man. who becsme enraged .when a sus.- gestlow of restraint waa offered. The father further said that at one tlnve he received a telegram saying- j tl-at his son was seriously 111 In a Den ver hospital, lie went there ma found the boy In perfect health. Finally ha sent Malcolm to the coast 'u the hope that his health and mind mlh; be Improved,. "Governor, do you honestly believe thst your son Is not In the possession of his faculties?" asked Judge Frster. I sincerely believe that, your hon or." responded the father. Captain o. Haver, of the Memphis police, testified that young Patterson had been In frequent brawls and that at one tlnve waa held 10 days In tha city JalL lie did not believe tha pris oner Is sane. Allen Stark. King County Jailer, told the court that Patterson had two at tacks of epileptic spasms zinc ha has been held In Seat tip. PRINEVILLE TO DEDICATE eaeaeawae First Baptist Church Completed at Coot Close to $15,000. PRINEVILLE, Or. Dec. IS. (Spe cial.) Dr. C, A. Woody, superintendent of Baptist mission works In the North west assisted by F. C W. Parker and others, will dedicate the First Baptist Church of Prlnevtlle. Sunday. January 7. The new church edifice has Just been ronlpleted at an approximate cost of 115.000. and Is one of the finest church buildings In Central Oregon. The basement, which Is to be used later as a free reading room, wiU not be completed before dedication. The building Is frame with a high native stone basement. It is finished In Mr and la equipped with three me morial windows, one to Mrs. I. W. Ward, cf this city; one to C. P. and M. J. Bailey, and the third to F and N. 8. Johnson. Rev. C I". Bailey Is the pastor of the new church. Twelve hundred pounds of Wilton carpet were used In carpeting the floor r-f the church. The church Is built In the form of a cross and Is 46 by 7 feet. GARDNER DEMIES CHARGE Lincoln County Jndge Saja Recall Petition's Allegations Wrong. NEWPORT. Or Dec. it. (Special.) Chark 1L Gardner. Judge of Lincoln County, against whom a petition for rexall Is being circulated, waa In New port today explaining his position. The main charge that the county was free from debt when be went Into office and that it Is now 1100.000 In debt, he says. Is not correct. When Judge Gardner took his office the coun ty owed more then $30,000 and now It owes about tiS.00. Much of this money went Into machinery which was needed by the county. The Sllets rock road, he says. Is of course of most benefit to Sllets. but It Is also of benefit to Toledo and Newport. Road district Nn . which Incudes Toledo, received about 13000 more from the county last year than road district o. s. wnicn Includes Newport. This year he says the difference Is 1:500 In fsvor of No. I district. Boy. Sleighing. Badly Hurt, SPOKANK. Wash, Dee. Si. (Spe cial.) Pitched head first from a horse- drawn sleigh. In a runaway at o'clock Sunday evening. George Hud low. IS years old. struck a stump and suffered a fractured skull. He Is un conscious at ft. Luke's Hospital and his life la despaired of. An operation wss performed. The top of the skull was terribly crushed and several places of. bona were found lodged In the brain. SPUR ISSUE DECIDED Edenbower Wins Contention in Supreme Court Appeal. IRRIGATION SUIT SETTLED Justice Burnett Rules That Corpor ation as Approprlator May Use All Water It "eeds but Limits Riparian Rights. SALEM. Or.. Dec. 2S. (Special.) That the State Legislature has tha nower to authorize the Railroad Com mission to build spurs or sidetracks and that such power has been delegated b the Legislature to the Commission Is th. .iihutHnc. of an opinion handed down In the Supreme Court by Justice McBrlde today In the widely Known Edenbower spur case, appealed from DougUa County. The suit wss brought by the South ern Pacific to enjoin the State Rail road Commission from compelling the road to construct a spur on Its main line In the town of Kbenbower, the spur to be principally advantageous to fruit men. Justice McBrlde holds that In this case the exercise of the power Is not so unreasonable that It should be re versed, and the opinion of the lower court Is affirmed. Irrigation Salt Decided. Justice Burnett, In the case of Cavl ness . vs. La Grande Irrigation Com pany et al., passes on several Important polnta In connection with Irrigation and water law. In this case the plain tiff settled on the Grand Konde Rlvex In 1862. and about three years after ward appropriated water from the stream for use on Ms land. More or lu use was also made of the water by neighbors on the river above him. He alone maintained his original holding of land and water to the present. The lands higher up the river passed Into other hands and the Successors of the original holders formed Tarlous corporations to appropriate water, mainly for Irrigation, Contending that these corporations and some few In dividuals above him were taking so much water that his rights were In vaded, the plaintiff brought this suit to quiet his title to the use of the wster In the amount he claimed and to en Join the defendants from Interfering with It. The defendant corporations endeavored to prove that the other original settlers made appropriations of water - berore the plaintiff and to trace their titles back to them. Prior Decision Modified. In an opinion by Justice Burnett, tha court modified the decision of the Cir cuit Court and enunciated the follow ing principles: An allegation that a corporation Is a mere holding concern, organized for the ancillary purpose of managing the water privileges belong ing to certain persons. Is not proven by articles of incorporation, showing that the company la doing business as a water user or approprlator In Its own right. In the absence of anything show ing that such a corporation acquired appropriation of water made by prior holders. It cannot defend for an appro priation made earlier than Its organlza- i tlon. Although one whose land bor ders upon a non-navl gable stream may claim the use of water either as a riparian owner or, as a it approprlator. he cannot claim In both capacities at once, a reason for this being that a riparian user of water Is always a ten ant In common, In a certain sense, with every other riparian user on the stream, while an approprlator Is a ten ant In severalty. Independent of other water users, and one cannot at the same time hold title to the same thing both In common and In severalty. Riparian Rights -Limited. At least for the purposes of irriga tion, the right of one claiming the use of water as a riparian owner Is lim ited at all times by the condition that it must be so exercised as not to In jure materially the rights of other riparian owners In the proportional use of the water of the same stream for the Irrigation of their riparian' lands. On the -other hand, an approprlator, subject to rights in existence at the time his appropriation Is made, may take all the water be can use reason ably and without waste for a benefi cial project, although none may be left for those who come afterwards. One who demands the use of a fixed quantity of water under all circum stances Is construed to claim as an approprlator and not as a riparian owner, although his land. abuts upon the stream. Opportunity to take Is the first es sential to an appropriation, so that any one may appropriate water from a non navigable stream if he can lawfully gain access to the stream for that pur pose and water is there not subject to the use of another. Tax Suit Lost by County. In the case of Marlon County vs. the Woodburn Mercantile Company the court held in an opinion by Justice Moore that, as the statute makes the Sheriff's warrant an execution against the property against which the tax Is levied, there is no other remedy for Its collection and the tax not being a debt the action cannot be maintained. This wss an action by the county to re cover a Judgment against defendant for delinquent taxes on personal property. After the levy of the tax the property of the company was disposed of and the corporation dissolved. In Long vs. Hoedle, an aetlon on a promissory note, appealed from Marlon County, the case was reversed by Jus tice McBrlde. , Nutt vs. Isensee, from Multnomah County, an action for personal Injuries, and McCoy vs. Huntley, from Wheeler County, a suit to restrain the diversion of water, were both affirmed In opinions by Justice McBrlde. Mr. Humphreys and his family lived on a homestead near Canby. A widow and one daughter. Miss Ger trude May Humphreys, survives. An other daughter died several years ago. The funeral will be held Thursday from the family residence, and the services will be under the direction of Rev. George N. Edwards, pastor of the First Congregational Church. Cheasty to Accept Appointment. SEATTLE, Dec. 28. E. C. Cheasty, removed for alleged political activity from the Park Board by Hiram C. Gill when the latter was Mayor, announced today that he would accept the ap pointment of his former position ten dered him by Mayor Dilling. Mr. Cheasty Is a prominent merchant. Vancouver Soldier Discharged. OREGONIAN NEWS BUREAU, Wash ington, Dec 2. Private Morris Blu menthal. Battery E. Second Field Ar tillery, at Vancouver Barracks. Wash.. was today dishonorably discharged from the Army for having enlisted un der false pretenses. Victim of Pall Leaves Large Family. INDEPENDENCE. Or., Dec 26. (Special) Matthew Cassldy, of this place, was found dead on the bank of the Willamette slough today. 'He had been drinking freely and at a late hour started home, and It Is presumed that he fell from the bridge which crosses the slough and was killed by the fall. He leaves a large family dependent. " OREGON CITY PIONEER DIES Alfred B. Humphreys Was Member of Massachusetts Puritan Family. OREGON CITT, Or, Dec. 26. (Spe cial.) Alfred B. Humphreys, for 40 years a resident of Oregon City, died here today at the family residence, J. Q. Adams street, between Eighth and Ninth streets. He was born March 20, 1832, in Simsbury, Conn., and waa mar ried In 1864 at Hartford, Conn., to Louise J. Arthur, who died In 1861. Mr. Humphreys was married in 1864 at New Hartford. Conn, to Carrie Steel, who survives him. In 1861 Mr. Hum phreys was elected a Representative In the Connecticut General Assembly. His ancestors were among the early settlers in America, living In Massa chusetts, and afterwards going to Con necticut, where they took up a home stead In' 1642. and members of the fam ily have lived there ever since. In 1871 Mr. Humphreys came to Ore gon from Connecticut and settled In Oregon City. ' Between 187T and 1882 Why Not a Pianola Piano Or the Latest Autopiano? NOT YET TOO LATE TO- GET ONE OF THOSE PIANOLA PIANOS AT $8 A MONTH. ALL THE LATEST MODELS ARE HERE TO CHOOSE FROM 6;" tllliiiii SECOND-HAND PIANOLA PIANOS AT MERCILESSLY CUT PRICES Exhibition and Sale of Player Pianos Continues s December Selling by Fax the Largest in Our History. The low prices and exceptionally easy terms do it. The ultimate piano is the player piano. Get one now at the present greatly reduced prices at Eilers Music House. Payments are arranged at $20, $15, $10 and. $8 monthly, at sale prices, for those not wishing to pay all cash. A positive demonstration of what the Eilers sales system actually accomplishes : $10u0 asked elsewhere, here now, $787; $975 asked elsewhere, here, $735 ; $600 asked elsewhere, here, $485; $500 asked elsewhere,; here, $378 and $385. These are late 88-note styles, not obsolete types that hardly anyone would wish to buy. In short, a storefnl of finest'player pianos are thrown, into one grand low-price sale that simply annihilates competitive attempts and makes player-piano buying a positive duty to many a father or head of a family. We have carefully planned this undertaking for many months, and, as we anticipated, it is bringing much enjoyment and musical education into hundreds of our best homes and to every member thereof, old and young. ' SPECIAL A free Music RoIMibrary and Music Roll Cabinet is given to every purchaser in this sale. Everything we sell Is fclgh rade but lew-erleed.. Jfothlas; worts 7 ! materiel, aeaiaTM er flaos illfl workmaaebl ever atsss ear stocks. IN THE EILERS BUILDING ALDER STREET AT 7TH NOW THE NATION'S LARGEST