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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 22, 1914)
TTTT3 TrfOTCNTNG- OREGOXTAN, TUESDAY, DECEMBER 22, 1914.
W.N. JONES MAY-BE
SUED FOR $133,000
Court Holds Government Can
Seek Damages for Alleged
Timber Frauds. v
ONLY LAND OUT OF REACH
Uudge "Wolverton Decides Statute of
Limitations Makes Ground Im
mune, but Xation, May
Plead for Value.
Judge "Wolverton. of the United
States District Court, yesterday handed
down a decision which makes it pos
sible for the Government to sue Wil
lard N. Jones, Portland timber land
owner, for $133,000, which the Govsrn
ment clalmB is due it in damages for
the loss of timber land which Jones, it
Is alleged, obtained by fraud by the
use of dummy entrymen.
Suit was first Instituted against
Jones June 11, 1912. Ths decision yes
terday was on the demurrer of Jones
to the Government's complaint. He
contended that the cause of action was
tarred by the statute of limitations and
that no cause of action was given In
the Government's complaint.
The statute of limitations referred to
was that of the act of Congress of
March 3, 1891, which provides that
suits to annul patents issued before
that date should be brought withjn
five years of the passage of the act,
and that suits to annul patents ob
tained after the passage of the act
should be brought within six years
after the date of the Issuance of such
Rlgfat to Sue Upheld.
This statute had run against all the
patents referred to in the. Government
Kuit, which were for lands included In
the Siletz Indian reservation prior to
May 16, 1895. The patents were Issued
to Benjamin S. Hunter, Oliver I. Con
nor, William Teghtmeier, Richard D.
Depue, Joseph Gillis, Thomas Johnson,
John L. Wells, Edward C. Brigham and
Anthony Cannon. All were issued be
tween September 26, 1902, and June
8, 1903, under the homestead act. Thus
all were Issued at least nine years be
fore suit was started, or three years
longer than the period fixed by the
statute of limitations.
But Judge Wolverton ruled that
while the statute undoubtedly inter
vened against the Government's re
covering the land, and had the effect
of vesting perfect title in the patentees,
the Government may still have a right
to sue, the same as would an individual,
to recover value lost by reason of
Germane Case Cited.
Judge Wolverton cites a ease in
which the Government recovered dam
ages for lands to which title had been
obtained from it through mistake, and
asks, "If it is possible to recover the
value of lands procured through mis
take, why not if they have been pro
cured through fraud?"
"The present action is not barred by
the statute," says Judge Wolverton in
conclusion. "I make no decision as to
the manner of the recovery of dam
ages." The amount ot damages asked, $133,
000, is set down In the complaint as the
value of the lands, 1440 acres, which
were heavily timbered, the complaint
alleges, at the time suit was brought,
June 11. 1912.
The Government Is represented in the
ease by United States District Attorney
Reames and his first assistant, Everett
-A. Johnson. Jones is represented by
Fulton Sc. Bowerman.
WIFE'S PEEP ENTANGLING
MATRON SAYS HER HUSBAND HELD
STENOGRAPHER ON LAP.
ing; everyone is serious and hopeful,
facing it with determination as some
thing that could not be helped and to
be made the best of. Folks here are
quite unanimous, the most peace-loving
of us, that had we stood by now it
meant not ojily cowardice to see poor
Belgium crushed and France crippled,
but only a postponement of the horrors
for us. With the Kaiser and his war
lords holding the opposite coast, our
national life would have been continu
ously menaced, and most likely we
should have been unable to prevent invasion.
"We hope to keep the enemy too busy
on the Continent for an Invasion, but
a raid is possible, especially with Zep
pelins in the Spring, and we had best
be prepared. Anyway, our coast is con
sidered the danger zone, and men like
to be sworn in for some service; they
do not feel like standing by and wit
nessing what helpless Belgians did be
cause they were only civilians."
POOR GET TREE MONEY
SELL WOOD PUPILS DROP CELEBRA
TIONS TO AID POOR.
School Is Headquarters for Supplies
That Poor In for Needy Lents
Also Does Relief Work.
Christmas donations of food " and
clothing by school children are pour
ing into the Sellwood School. All pub
lic Christmas trees have been fore
gone and the money that would have
been spent in the purchase of gifts
will be used to provide presents for
needy families. Principal Morgan says
a wagonload of articles already has
been received at the school and that
more supplies are being gathered. A
committee from all Sellwood churches
and organizations will distribute the
supplies Wednesday to Sellwood fami
lies listed as being in need.
A large quantity of food apd clothing
and J15 in cash were received Saturday
and Sunday at the Lents Evangelical
Church for the relief of needy families
in that suburb. Saturday was "Bundle"
day and headquarters were maintained
in the basement of the church. Chil
dren of the Sunday school brq,ught
many articles of clothing and food, and
the cash donations Sunday amounted
to $15. Several sacks of potatoes were
The committee in charge has a list
of a number of needy families, and
these will be supplied during the week.
Those desiring to contribute may call
at the Lents Church or telephone Tabor
4243 or Main 1940. N. G. Hedin, chair
man of the committee of relief, is as
sisted by Eva Bischolt and Hazel Som
merfleld. Warm clothes and food are
Mayor Asked to Aid Sale of
Real, Live Frogs.
Man In Penlurn, Minn. Writes In
Quest of Firms Who Do Baying.
HO wants to buy some real, live
frogs? Mayor Albee is desirous
of knowing because a man named
Arthur Swanson, living at Penturn,
Minn., has . written asking him t
"send the names and addresses of some
reliable firms buying live frogs."
Since there are no frog buying con
cerns "listed, the Mayor is at a loss to
know how to reply to the letter.
DOUBLE FUNERAL IS SET
Services to Be Held Tomorrow for
Mr. and Mrs. C. E. Wlcklund.
The funeral of Charles E. "Wicklund.
which was postponed Sunday, when his
wife followed him in death, will be
held tomorrow at 2 o'clock in a double
service from the rooms of the Skewes
Undertaking Company. It will be held
under the auspices of Webfoot Lodge
of Woodmen of the World, of which
Mr. Wicklund was a member. Inter
ment will be at Rose City Cemetery.
Mrs. Marie Land Is, adopted daughter
of Mr. and Mrs. Wicklund, is expected
to arrive from Tacoma today.
Dr. A. E. T. Buckell said yesterday
that Mrs. Wicklund died from "bron
chitis and exhaustion," but that her
grief over losing her huBband hastened
the end is not doubted by her friends.
Walter B. Boyer, Realty Dealer, and
Mrs. Grace Lnttman Arrested on
Complaint of Early Shopper.
Married men and stenographers, take
Mrs. Elizabeth Boyer left her home
at 1407 Boston avenue yesterday after
noon to do Christmas shopping. She
went to her husband's office, at 414
Stock Exchange building, presumably
to negotiate a wifely loan. Arriving
there, she found upon Walter B. Boyer's
door a sign announcing that he was
"out." but would return later.
Not believing in signs. Mrs. Boyer
peered through an aperture In the door.
In his office sat Mr. Boyer with a
woman on his lap, alleges his wife. As
if that were not enough, the com
plaint for Mr. Boyer's arrest, which
was sworn out later in theaf ternoon
by his wife, sets forth that he was
caressing the woman.
Mr. Borer and Mrs. Grace Luttman,
of the D'Moy Hotel, were arrested on
a charge of disorderly conduct on a
warrant sworn out by Mrs. Boyer. They
will answer the charge in the Mu
nicipal Court this morning. Mr. Boyer
was released on $20 ball and Mrs.
Luttman on $10 bail.
Mr. Boyer Is in the real estate business.
MRS. L. TOWLER, OF PORTLAND,
HEARS FROM NORWICH FRIEND.
Woman Writes Plan Is to Keep Germans
Too Busy to Invade Unpreparedness
Cited as Exonerating Home.
The British attitude toward the pres
ent war is revealed in a letter re
ceived by Mrs. L. Towler, of 4828 Sixty
fourth avenue, from Laura Burroughes.
who writes from Norwich. EnglandShe
says the British are facing the issue
with determination, and the hope is ex
pressed that Americans will not believe
that the British in any way sought the
war, pointing to the national unpre
paredness as proof of that declaration.
"New recruits are in large camps
- about the country, training hard for
service. It takes six months to turn
out a soldier. They are well fed. Alto
gether, arrangements are wonderful.
considering our national unbelief that
the German menace was serious.
"We are able to have our, foreign
foodstuffs at present at very slightly
enhanced prices. There is very little
distress at present. Some trades are
adversely affected, but others are over
busy to keep up supplies. The Govern
ment Is paying all well, and widows
and children will have adequate allow
ances. Many firms are making up em
ployes' salaries while serving.
"There la no Jingoism, bo flag-wav,
VHile Visions of Sugar Plums
Danced Through Their Heads"
At the Sign WlT
Big Playing ' Wl M'
And if these "Night-Bef ore-Christmas"
Dreams Come True
They'll All Have
A Great Big Box of
GAT 'N FIDDLE
On Christmas Morning
and Glace Fruit
1- Packed in
REVIVAL PLANS MADE
USHERS AND nOORKGEPER CHOSEN
FX) It PROPOSED TABERNACLE
J. F. Raeburn, of Seattle, is at the
K. C. Edwards, of Astoria, is at the
E. H. Simms, of Tacoma, Is at the
Dr. J. E. Gould, of Seattle, la at the
Mrs. .O. A. Wlrkkale, of Astoria, is
at the Seward.
J. F. Potter, of Centralis, Wash.. Is
at the Carlton.
George W. King, of Phoenix, Or., is
at the Imperial. .
R. E. Schroeder, of Hoqulam, Wash,
is at the Seward. .
James A. Ferris, of Lewiston. Idaho,
is at the Oregon.
G. H. Ripley, of Marshfleld, is regis
tered at the Perkns.
Mr. and Mrs. B. F. Taber, of Chicago,
are at the Cornelius.
Mr. and Mrs. i. C. Stewart, of Eugene,
are at the Multnomah.
C W. Ashpole, of Medford, la reg
istered at the Imperial.
W. B. Sargent, of La Grande. Is
registered at the Oregon.
Paris Clark, of Biloxl. Miss, Is reg
istered at the Cornelius.
Mrs. W. C. Bailey, of Coqullle, ' Is
registered at the Carlton.
Mr. and Mrs. R. A. Smith, of Maples,
Or., are at the Cornelius.
E. Ludwlg Wilson, of Albany. Is
registered at the Seward.
John A. Shaw registered at the Im
perial from Albany yesterday.
C. H. Clemens, a banker of Monte-
sano. Wash., Is at the Imperial.
D. B. Thomas, a business man of
Condon, is registered at the Eaton.
W. B. Sherman registered at the
Oregon yesterday from Grants Pass.
Dr. Myron W. Haynes. affiliated with
McMinnvllle College, is at Hotel Eaton
for a few days.
Mr. and Mrs. A. W. Peterson, of
Cathlamet, Wash., registered at the
C. W. Mount, general freight agent
for the O.-W. R. & N. at Spokane,
is at the Multnomah.
Governor West, Colonel Lawson and
Eniss Fern Hobbs were registered at
the Seward yesterday.
Mr. and Mrs. E. H. O'Brien and
Mrs. c A. Glover, of San Francisco.
are at the Multnomah.
Mrs. W. A. Coffey has returned from
a visit to Lewiston and is again
uomicuea at the Eaton.
C. J. Norgard, publicity man for
the Washington Annex Hotel at Se-
Mr. and Mrs. W. p. Elmore, of
xsrownsvuie, are at tne Perkins. Mr.
hlmore is a Representative-elect.
O. E. Turner and Donald Brown, of
Corvallis, where they are students at
the Agricultural College, are at the
S. Benson, owner of the Hotel Ben
son, left for Los Angeles yesterday,
and will spend a few weeks there
and at Pasadena.
C. W. Mount, district freight and
passenger agent for the O.-W. B. & N,
Company at Spokane, was In Portland
pn business yesterday.
Arrangements Under Way for Series of
Evangelistic Meetings on-Behalf
of Kast Side Churches.
R. R. Steele was elected head usher
for the union meetings which will be
held in January in a tabernacle to be
built on East Tenth and East Morrison
streets, at a meeting in the Hawthorne
Park Presbyterian Church. His assis
tants elected at this meeting were S:
B. Long, of the United Brethren Church
and E. H. Harlow, of Centenary Meth
odist Church. There will be several
assistant ushers. G. S. Munday waa
elected head doorkeeper. George M.
Lynch, manager for Evangelist Bulgin.
urged the Importance of having the
congregations well taken care of.
There was a meeting last night
of the women of the participating
churches In the First United Brethren
Church, East Morrison and East Fif
teenth streets, at which was organized
Win One Circle, whose members will
do personal work during the meet
ings. Today at 12 o'clock the civic
committee will, meet at the Toung
Men's Christian Association to dis
cuss ways and means to obtain the
attendance of Portland organizations
at the general meetingl The com
munity prayer meeting committee has
outlined plans for dally cottage prayer
meetings in the homes of the members
of the participating churches.
A men's mass meeting of all the
churches has been called for next Sun
day at 2:30 in the Hawthorne Park
Cream Caramels Opera Caramels Mexican Chews
Glace Nuts Nut Brittles Cream Taf fies Honey Nugat
Cream Wafers Marsh mallows Gum Candies Etc
Dipped Nuts Dipped Fruits Dipped Paste
Stuffed Dates Salted Nuts
By Parcel Post or Express to All Parts of the Globe
On Broadway 1 45 Theater Row
five days' imprisonment by Municipal
Judge Stevenson, with no fine alterna
tive. Whitcomb gave notice of appeal
and was released under $100 bond.
"A man who will guide an automobile
while dazed from liquor is little more
than. a criminal and should have an
commented Judge Stevenson,
commendted Judge Stevenson.
Whitcomb drove his machine Into a
bakery wagon on the East Side Satur
day afternoon and waa later arrested
by Patrolman Coulter on the Haw
thorne bridge for driving his machine
while under the Influence of liquor.
I ALMA MATER CALLS ALL
WASHINGTON ALUSINI TO CELE
BRATE HERE TONIGHT.
PAHTAGES BILL STARRY
ON AND OUT," LIVELY FARCE, TOP-
LINES HOLIDAY SHOW.
Ten Acrobatic Arabs Thrill, Bean Brum-
mel Singer Is Hit, and All Other
Acts Are -Winners.
A lively little farce tops a bright and
sparkling holiday bill at Pantages
Theater this week. "In and Out" is
the name of the playlet that embraces
scores of laughs, and has lots of action
as well as an interesting plot. The
story is about a brother who goes to
nis ciud ana a sister who stays at home
and receives the "expected" and "unex
pected" guests. The stage setting is
excellent and the change of scenes is
made in a twinkling. Walter S. Howe.
who appears as the unexpected guest.
is supported by a clever cast.
The 10 Mon Amor Arabs have a aoec
tacular act in which their most thrilling
successes are human pyramids and
whirlwind acrobatic feats. The back
ground represents a scene in Algeria.
The troupe wears gay costumes.
Dressed in the spick-and-span attire
of a Beau Brummel, Larry Comer sings
new and old favorites and wins storms
of applause. With the audiences of the
opening day of the bill he was a. big
Joseph Callahan, an American char'
acter actor, made up on the stage, ap
pearing first as President Wilson, then.
in succession, as Abraham Lincoln, Em
peror William II of Germany, George
V of England, Mark Twain and General
Robert 13. Lee. He makes a character
istic address for every personage he
represents, and the orchestra contrib
utes appropriate airs.
Belthra & Belthra, In a skit entitled
"The Musical Dairy," play all sorts of
unique instruments, representing
churn, a broom, rakes, milk cans and
a dipper. It is a happy combination of
burlesque and genius.
Two nifty dancing girls and a dapper
young man make up the Wayne Trio,
who present "A Musical Cocktail." The
girls are pretty, they dance well and
wear pretty costumes.
Amusing pictures and Inspiring music
complete the show.
ANCIENT DAY CELEBRATED
Pupils of Hebrew School Honor
Victory of Maccabees.
More than 100 children, pupils of the
Portland Free Hebrew School, partici
pated in the Chanukah exercises at
the Neighborhood House at Second and
Wood streets Sunday afternoon in
celebration of the Maccabees' victory
over the Hellenic invaders of Jerusa
lem and the restoration of Judiasm in
Judea about 200 B. C.
The house was filled to capacity by
an Interested audience. Following read
ings and recitals of Hebrew prose and
poetry and the singing of traditional
songs by the children several prom
inent Jewish social workers spoke.
Among those Who addressed the gath
ering were: D. Soils Cohen. Mrs. Emma
Aaronson and Mrs. Toba Narod.
Dr. George Rubenstein. superintend
ent of the Portland free Hebrew school,
was in charge of the exercises.
Debating Team Picked.
After the tryout William Teutsch.
Carlyle Cunningham, Ferris Swisher
and Drott Larsen were selected for the
debating teams of the James Johns
High School in its district of 'the State
High School Debating League. The
alternates are Harold Baybrook and
Miss Dorothy Shatter. Miss Beatrice
Kundall, of the high school faculty, is
coaching the St. Johns debaters.
The subject of the debate Is. "Re
solved, That the Federal Government
should own and operate all interstate
railroads acting as common carriers
(including Intrastate lines competing
with them), constitutionality waived.'
St. Johns belongs to the Lower Co
lumbia River district, which ' Includes
St- Johns, Gresham, Astoria and some
other small places. The . debates will
be held in January at Gresham high
school. St. jonns ano Astoria.
AUTO DRIVER GETS 5 DAYS
Sentence Dealt Out to Motorist Who
For driving his automobile while In
toxicated, F. L, Whitcomb, merchant,
was sentenced yesterday morning to
SKIN TROUBLE IN
Large and Red , On Arms. Extended
to Body and Legs. Clothes
Scratched. Cuticura Soap and
Cuticura Ointment Healed.
Moclips,. Wash. "My trouble firs
started on my arms and soon it extended to
my body and legs. The first I noticed of it
was red spots, itching spots
some larger than a pin head.
My clothing irritated them and
I scratched. My sleep was dis
turbed by ths clothes scratch
"It had bothered me for
about ten days and I began to
use the Cuticura Soap and
Ointment. I only purchased
one cake of Cuticura Soap and one box of
Cuticura Ointment and they effected a
complete cure." (Signed) Sid Strawn,
May 19, 1014.
HANDS WOULD CRACK OPEN
Cyclone, Mo. "Every winter I had a
breaking out on my hands. They first got
rough and then would crack open in places
as If there had been little gashes cut. They
hurt and were sore. I used Cuticura Soap
and Ointment and my hands are well. My
face would break out in red pimples and
skin seemed thick and feverish. I used
Cuticura Soap and Ointment and was cured.'
(Signed) Mrs. B. A. Mllleson, Mar. 6, 1914.
Samples Free by Mail
Although Cuticura Soap (26c.) and Cuti
cura Ointment (50c) are sold by druggists
and dealers throughout the world, a liberal
ample of each with 32-p. Skin Book will
be sent free upon request. Address post
card "Cuticura, Dept. T. .Boston."
Twelve Other Cities Also to Assemble
Graduates and Old Students Pro
fessor Kane to Speak,
A college programme, reminiscent ot
their days at Washington, will be given
by alumni of the University of Wash
ington tonight at the Public Library.
The former students at that institution,
whether graduates or non-graduates,
am? the present students home on vaca
tion will assemble to participate in the
programme. Professor Frank G. Kane,
head of the department of journalism,
came from Seattle yesterday afternoon
to make the principal address before
"The University of Washington Is
making efforts to organize her former
students," said Professor Kane yester
day. "The alumni number 2163 and be
sides the holders of degrees there are
nearly 11,000 who at one time or an
other were enrolled in the university.
The majority of these are resident in
the Northwest, and many of them live
in Portland. At the same time that
we are holding this meeting'here, pro
grammes of much the same sort will
be under way in 12 cities of Wash
ington. "The university now has about 3400
students and Washington has 1253
women enrolled, or more than any ex
clusive woman's college in the country,
save Wellesley and Smith.
"We have 150 students in journalism
this year. We are encouraging them to
seek the field of country newspaper
work, and, as a part of the university,
our department is setting up as close
relations as possible with the country
press of Washington."
OSTRICH STEAK ON FARE
Big Bird W ill Be Cut for Those Who
Prefer It to Turkey.
As an addition to the Christmas bill
of fare, ostrich steaks will be at the
disposal of Portland buyers this week.
William Constantlne yesterday received
a full-grown Texas ostrich, and will
have the bird cut.
The ostrich, which weighed 207
pounds, will be put on exhibition at
the Alder-street market today. It was
not a handsome bird as it hung head
downward in Constantine's shop yes
terday, but In parts of the South, where
ostrich steaks have become somewhat
of a staple food, the meat is highly re
garded. The steaks will sell at 25
cents a pound.
There were large receipts of turkeys
for the Christmas trade. The demand
already is better than some of the deal
ers expected, and, should the supply
run short before Christmas, the price
may go a few cents higher.
United States annually consumes 330
pounds of wheat and wheat flour per capita.
HEW TAX LAW FAVORED
SEMI-ANNUAL PAYMENTS WITH
PENALTY" FOR DEFAULT.
Abolition of Properly Holders' Annual
School Meeting; Urged by Legis
Semi-annual payments of taxes with
no discount for advance payments and
a penalty of 1 per cent per month for
delinquent payments, repeal ot. the law
providing publication of delinquent tax
lists and relief of property owners from
penalties upon last year's taxes, are
among the principal provisions con
tained in the report of the special sub
committee on taxation presented to the
Multnomah County legislative commit
tee last night.
The proposed law recommended by
the committee fixes new tax-paylns:
periods May 5 and November G. It
provides for 50 per cent payments at
each period, but. presumes that a suffi
cient number of people will pay all
their taxes at the first payment to give
the state fully 6(f per cent of the full
amount on May 5. This is in accord
ance with a suggestion made last week
by State Treasurer Kay.
Abolition of the annual taxpayers'
school meeting in Portland also is recommended.
IPtt3 -w?-;'. M I
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Buy Furs Now for
The Entire Stock Silverfield's Going
to the Public at Manufac
This Firm Now Retiring from Busi
ness. AN IDEA OF THE TERRIFIC
$11.50 Marmont Mink Scarfs $ 8.75
$ 9.00 Muff to Match S 6.75
$20.00 Blue Wolf Scarf SIO.OO
$20.00 Muff to Match SIO.OO
$27.50 Natural Krimmer Scarf $13.75
$22.60 Muff to Match $11.25
$30.00 Natural Raccoon Scarf $15. OO
$30.00 Muff to Match $15.00
$35.00 Hudson Seal Scarf $26.50
$37.50 Muff to Match $28.50
And thousands upon thousands of other garments
without limit. All made in our own workroom
and fully guaranteed.
286 Morrison St. Bet. 4th and 5th Sts.
342 Washington St., Morgan Build 'g
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