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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 patents. , 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 fraud. 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 donated. 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 needed especially. Mayor Asked to Aid Sale of Real, Live Frogs. Man In Penlurn, Minn. Writes In Quest of Firms Who Do Baying. w 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. PERSONAL MENTION. Walter B. Boyer, Realty Dealer, and Mrs. Grace Lnttman Arrested on Complaint of Early Shopper. Married men and stenographers, take notice! 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. VIEW HOPEFUL 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. She writes: "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" Purity, Quality a Absolute At the Sign WlT Big Playing ' Wl M' 66 And if these "Night-Bef ore-Christmas" Dreams Come True They'll All Have A Great Big Box of GAT 'N FIDDLE CANDY On Christmas Morning Dusky Dreams Victoria Chocolates Bitter Sweets French Bonbons and Glace Fruit 1- Packed in Fancy Boxes Baskets and Imported Bonbonnieres REVIVAL PLANS MADE USHERS AND nOORKGEPER CHOSEN FX) It PROPOSED TABERNACLE J. F. Raeburn, of Seattle, is at the Carlton. K. C. Edwards, of Astoria, is at the Carlton. E. H. Simms, of Tacoma, Is at the Oregon. Dr. J. E. Gould, of Seattle, la at the Perkins. 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 Perkins yesterday. 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 Cornelius. 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 Presbyterian Church. 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 ravorite. 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. . f- 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 Was Intoxicated. For driving his automobile while In toxicated, F. L, Whitcomb, merchant, was sentenced yesterday morning to SKIN TROUBLE IN SPOTS ITCHING 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 Ing. "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 meeting. "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 lative Committer. 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 mm. mm$ m mmmmmmm y. Bill Buy Furs Now for 1:?;': mm mm mm Xmas 3 If Jg il ifill The Entire Stock Silverfield's Going to the Public at Manufac turer's Cost. The Lowest mm .ri-"-:i--yr:'-:--- rices ever K am 5 mm VM This Firm Now Retiring from Busi ness. AN IDEA OF THE TERRIFIC SACRIFICE $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. SilverfielcTs 286 Morrison St. Bet. 4th and 5th Sts. 342 Washington St., Morgan Build 'g mm I fmMmm mm i mmhyAmm n m it 1 i Xf lIM'.lJM""'