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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 23, 1919)
THE MORNING OltEGOXIAIT, WEDNESDAY.. JULY 23. 191. STATE-UPHELD " IN Supreme Court Opinion Given in Livestock Co. Cas'e. ORIGINAL SUIT DISMISSED Harney Circuit Judge's Decision Is Approved; Attorney-General to Proceed With Action. EALETif, Or., July 22. (Special.) Judge Dalton Bigss of th Harney county circuit court acted within his rights when he prantd a motion for the dismissal of the complaint filed by x-Attorney-3eneral Crawford to re- cover approximately 26,000 acres of lands from the Pacific Li-estock com pany, according: to an opinion rendered by the Oregon fuprcme court today. Dismissal of the original suit asrainst the livestock company was urged by Attorney-General Brown, who charged that hte complaint was defective in that it attempted to show that the racs were acquired hrouch dummy entrymen and conspiracy, when in fact forgery should have bcn the basis of the suit. Under the ruling of the supreme court. Attorney-General Brown may now proceed with the prosecution on a complaint filed by him following the dismissal of tile original proceedings. . Case nates Bark a 1914. The principal question involved, ac cording to the opinion, was whether or not plaintiff may take voluntary non uit under the provisions of a law made applicable to a suit in equity after a demurrer had been disposed of. The case originated in April, 1914, "when ex-Attorney - Oencral Crawford, acting at the request of cx-Oovernor Vest, filed action to recover the lands held by the livestock company in Har ney and Grt-nt counties. The lands were classified as school lands, school indemnity lands and swamp lands. The swamp lands were originally applied for by H. C. Owen, known as the "swamp la.nd angel." In most in stances, the lands had been transferred by the state to W. B. Toddhunter and John Devine. Appeal Made to Legislature. F. A. Hyde, operating in San Fran cisco and famous because of his incrim ination in subsequent land fraud cases, transacted business for Todd Hunter, Mr. T'evlne. Henry Miller and a man by the name of Lux. Mr. Miller died recently and hie estimate is now prin cipal owner of the Pacific Livestock company. "When Attorney-General Brown came into office he lacked sufficient evidence to proceed with the prosecution of the rase on the complaint filed by Mr. Crawford and appealed to the 1917 legislature for an appropriation to pay the costs necessary in starting a new action. This was denied, whereupon the state land board came to the as sistance of the attorney-general and an investigation was authorized. This investigation convinced the attorney-general that many of the appli cations and deeds of assignment were forged and that a new complaint would be necessary in the event the state was to make the best of its case in court. Suit Dismlvsul Then Sought. The attorney-general then filed a motion in the .Harney county circuit court asking that the suit brought by Mr. Crawford be dismissed. In the meantime the livestock company urgeU trial on the original complaint. Judge Bigrgs upheld Mr. Brown's contention and dismissed the com plaint, whereupon the livestock com pany moved to have the order set aside. This was refused and the defending company later appealed to the supreme -ourt. Theodore Kytka. government hand-writlnjr expert, whj played an important part in gathering evidence for the state, died recently. sands of AntftrfpAn mlitlnri who h.v. ) spent their first and last nights In Franca there It is quite an important place, as is shewn also by the fact that there are 20 huts, 12 of them "r1 nuts and the rest divided between the Sal vation Army, the Red Cross and the K. C My friend Lopez whom I met In Pau in April when I was on leave, is now in charge of the new "Alabama V hut" here. - Monday afternoon I spoke at "Mary land hut" to another 1000 men, A num ber of men from Portland looked me up after the show. They have been In bakery company 394, which was sta tioned for some time at Is-sur-Tille. Their commander is First Lieutenant Henry R. Russell of 245 Vista avenue. Among their number were Sergeant Robert Merstell of 237 Madison avenue. Private W. S. Keots of 1068 East Sev enth street and Private Cecil C. War ner of 916 Montana avenue. All of them are in fine health and expect to be home very soon. I have been Invited to become a member of the Internatioaal Union of Farmers Clubs, which was organized at the army school at Beaune by dele rates (rom all over the world. It is a fine opportunity and I am going to accept the invitation at once. It will keep me in touch with some of the best educators in both the United States and Europe. I expect to find this con nection not only interesting and edu cational in a general way, but also particularly helpful in relation to my bird work. CITY MAY BUY M FOOD I SALES TO FCBLIC AT PRICES PLANNED. LOW WOMEN BARBERS FREED JUDGE ROSSMAX HOLDS GIFT CANNOT BE LARCENY. Purchasing Agent Asks- Quarter master at Fort Mason to Give Prices and Delivery Time. City Commissioner Pier yesterday began investigation into the proposition to purchase a large supply of food stuffs from the United States army, to be resold to the Portland public at low prices. The plan is said to have been carried to success by the city of Balti more and was referred to Commissioner Pier by Mayor Baker for investigation. A letter addressed to the officers at the United States quartermaster's head quarters at Fort Mason. California, was dispatched yesterday by City Purchas ing Agent Mcintosh asking for prices ana lime of delivery. If the government will furnish the city with, canned goods in carload lots at low cost it is probable that the city council will appropriate sufficient money to obtain a large supply of food- fcturts. to be resold to residents of the city without profit. SOLDIER IS SHOT DOWN Alleged Attempt at Burglary at Fort Stevens Ends Fatally. ASTORIA. Or.. July 22. (Special.) private Llmer J. Blacklund of the 3d company, coast artillery, was shot and instantly killed at Fort Stevens last night. The military authorities are ex tremely reticent concerning the matter. ana are giving out no information. As near as can be learned, however. three soldiers broke into the storeroom of the post hospital during the night. presumably to get alcohol. The ser geant in charge fired at the trio and Blacklund was hit under the arm with fatal results. Banks Plan to Increase Capital. TACOMA. Wash.. July 22. CSpecial.1 Stockholders of the Scandinavian American bank. Tacoma, will meet next Friday to consider the advisability of increasing the capital stock from J400.- oute to si. 000,000. If the stock is in creased the bank will apply immedi ately for an national charter. This action is deemed necessary to care for increased business, said O. S. Larson, vice-president and manager of the bank. Theater to Be Bjiilt. ASTOP.IA. Or.. July 22. (Special.) A party of Portland capitalists said to ! be headed by Jensen and Von Herberg. have purchased a tract 100x165 feet at the corner of Bond and Fourteenth streets, on which to erect a modern theater building. The price paid for i the property was $18,500 and the con entail an expenditure of approximately $100,000. Policeman Who Sought Evidence Fails to Make Case. Though Defendants Are Scored. Acceptance of a present given under false pretences is not larceny, accord ing to a decision by Municipal Judge Rossman yesterday in the trial of Mary Kelly, 21 years old, alias Ruth Apple gate, and Jennie Lee, barbers, on a charge of stealing J5.30 from Patrol man Zwisler. The judge announced that if the victim had been anyone but a policeman in quest of evidence against the women, he would have decided dif ferently. I'atrolman Zwisler visited the barber shop where the women work, 30 Vt North Sixth street, and got a shave, a hnircut and a face massage, for which they charged him $2, he testified. The barbers everred they had charged him only $1.25. and that the extra 75 cents had been a tip. When the policeman, who represented himself to be a logger just in from camp, asked Mrs. Kelly to spend the evening with him. he swore she ac cepted the invitation on condition that he buy her a bottle of perfume. He paid in for the bottle and 20 cents war tax. He testified that she gave him a tele phone number, which later proved fic titious. Louie Johnson, a truck driver, testi fied that during the Rose Fesval one of the women had charged him $1 for a shave. The trial was enlivened by sharp tilts between Mrs. Kelly and Dep uty Distrirt -A t torney reich. who prose cuted the case. Judge Rossman scored the women in making his decision, pay. inc he was Convinced that they were more thieves than barbers. Port Bonds Are .Sold. ASTORIA. Or.. July 22. (Special.) I The Port of Astoria commission today sold $450,000 in port improvement bonds to Morris Bros, at a rate of $990.50 per thousand. The money is to be used in carrying out the port improvement projects. Medical Examiner Renamed. SALEM. Or., July 22. (Special.) Governor Olcott today re-appointed Robert E. Hunt of Roseburg as a mem ber of the Oregon Stat e veterinary I medical examing board. Mr. Hunt will serve for a four-year term. rFbrtlandYMCA 1 Man 0er$ea .s. '. BY W. A. ELIOT. Letter . 43- BREST. France. At the 'Sth infantry hut" I gave the Oregon movies and bird pictures to 400 men. This is a fine hut. managed by Lieutenant Martin ti-iSluth. formerly of Portland. re Ixuth is a clean-cut young fellow and titViS his work verv interesting. He was delighted to have an opportunity to talk of home. We had a fine long chat- during which he asked to be re membered to Professor Davis and Miss Larrabee and other friends at the Lin coln High srhool. He is a graduate of Lincoln and was attending the Uni versity of California before he entered the army. There were several other northwest men in the crowd, but owing to the rest of the programme of the vening. whiih directly followed my talk. I was unable to meet any of them. t far from Brest is located a large ramp at Pontanezen. The Pontanezen bjoracks have held hundreds of thou- AlkaK in Soap Bad for the Hair Soap should be usea very carefully. if you want to keep your hair looking its best. Most soaps and prepared shampoos contain too much alkali. This dries the scalp, makes the hair brittle and ruins it. The best thing for steady use is Mul slfied cocoanut oil shampoo (which is pure and greaseless), and is better than anything else you can use. One or two teaspoonfuls will cleanse the hair and scalp thoroughly. Simply moisten the hair with water and rub it in. It makes an abundance of rich, creamy lather, which rinses out easily, removing every particle of dust, dirt, dandruff and excessive oil. The hair dries quickly and evenly, and it leaves the scalp soft and the hair fine and sikly, bright, lustrous, fluffy and easy to manage. Tou can get Mulsified cocoanut oil shampoo at any pharmacy: it's very cheap, and a few ounces will supply everv member of the family for months. Adv. "BAYER CROSS" ON GENUINE ASPIRIN -Bayer Tablets of Aspirin" to bo gen uine must be marked with the satety "Bayer Cross." Always buy aa un broken Bayer package which contains proper directions to safely relieve Head ache, Toothache, Earache, Neuralgia. Colds and pain. Handy tin boxes of 11 tablets cost but a few cents at drug stores larger packages also. Aspirin is the trade mark of Bayer Manufacture of Monoacetlcacldfester ot bailcyUcacid. Adv. ' ' We Give S. & H. Green Trading Stamps With Purchases Amounting to 10c or More Stamp Books Redeemed, S. & II. Office, 3d Floor Soda Fountain and Ice Cream Parlors in the Basement SJioe Shining Parlors in the Basement Take Lunch in Tea Room, 4th Floor Best Butter $1.20 Fourth Floor No deliveries ex cept with other purchases made in the Grocery Department. Glen wood Butter on Q1 OA sale Wednesday, 2 lbs. ul.U The Standard Store of the Northwest Olds, Wortman & King Reliable Merchandise Reliable Methods Hammocks 3d Floor Couch Hammocks, Woven Hammocks, Porch Swings, Set tees, Porch Rockers, Chairs and Grass Rugs, etc. Moderately priced. Dept., on Third Floor. Double Tradin Stamps With Cash Purchases in All Departments Today Take Advantage of the Special Double Stamp Offer and Supply Your Needs Today Filled Stamp Books Redeemed in Cash on the Third Floor BASEMENT UNDERPRICE STORE WEDNESDAY SAVING SALES Women's Tub Dresses Great Basement Sale (T Our BASEMENT BUYER, now in New York, se- T cured this lot of 200 Summer Dresses at a special low price and directs us to close them out quickly, hence we have marked them at a price that should clean up the entire lot in one day. You may take our word for it, the values are the bent Been in Port land this season. Very latest midsummer models dainty styles for beach, street, home or outing- wear. Made up in good quality ginghams in fresh, pretty plaids snd checks in various colors and combinations. Finished with collars and cuffs of white material. Make it a point to see this great assortment of dresses, on sale at special 1 "TV lilt A- V $4.79 i: Basement Sale Girls' Tub Frocks At $1.39 Basement Girls' Suanmer Dresses of good quality plaid ginghams. Many attractive styles with fancy collars, belts, pockets, letc. Mothers who have girls to buy for should take advantage of this special offering. Q" QQ Sizes 6 to 14. Various colors. Basement said 0-s-O7 Apron Dresses at 49c Basement Girls' Apron Dresses of good quality percale in many attractive patterns, also a few in plain color cham bray. All are nicely trimmed. Sizes from 6 to 12 years. On sale Jn the Basement at only 1 3Sk 49c r Toilet Paper , Special J -f 18 Rolls 3JL Basement Good quality Crepe Toilet Paper. Limit 13 rolls to a customer. Positively no telephone,. C O. P., or mail orders filled. Priced special Werincs- Q- f( day 18 rolls for only Wl.UU Middy Blouses At $1.15 , Basement Vomn and Mis.ser' Middy Blouses cf god quality plain white material. Sailor col lar, pockets and black lie. On special sale Wednes- "1 fT day in the Basement at wl.lt) Men's Shirt Special 98c Basement Sale Several lines Men's. Shirts grouped for quick disposal. Soft or stiff cuff stylr. also Negligee Shirts with flat cr military collars. All are excellent grade QQr, materials. Sizes 14 V4 to 17. Special OC Bathing: Suits At 95c Basement Men's Cotton Bath ing Suits in one-piece style. Black with white trim- Q?C ming. Sizes to 40. Special eJl BOYS' Cotton Bathing Suits in one-piece style. Sizes Afn 30 and 32. Priced special Men's Underwear in a Sale MESH UNION SUITS, short sleeves, broken sizes. SJ)c ATHLETIC SHIRTS in broken sizes; priced special 48c ATHLETIC UNION SUITS, broken size; special at OJc MEN'S FIBER HOSE special, pair 3c. 3 pairs Sl.OO NEVER BIND BOSTON GARTERS special, pair 2:1? X BOYS' PANTS odd lines while they last, pair -IDo .nN STRAW HATS odd lines, priced special, 2t)c and H5p Jf Coverall Aprons At $1.39 Basement Women's Aprons made in the large coverall style. Plain color percales also dark blue with neat figures. On J" OQ sale in the Basement 3XeO7 V Jim v 1 -I Sport Hats $2 Basement Rough Straw. Sailors, Milan Sailors with side roll brims and white or colored bands, also many other smart hats for sport and outing wear. Base- QO ffl ment special today wi.UU Trimmed Hats $3.48 Basement Black, White, Pink, Tan, Blue or Green Hats taste fully trimmed with wreaths, flow ers and ribbons MilanR with silk crowns Smooth Braid C?Q A Q Hats; etc. Special, at DOsftO Housekeepers' Supplies Our Basement Store is headquarters for thrifty shoppers. You can always depend upon getting the utmost in value for your money. Large Sheets $1.39 72x90-inch Bleached Sheets, re inforced with seam down center. Excellent quality. Doz- Q- OQ en $16.00; or each p'OV HUCK TOWELS good size for hotel use. Full bleached. Limit 2 dozen to customer. Base- "1 ff, ment sale, doz. $1-15; each Avf 1 Bedspreads $2.39 Basemen t Honey Comb Bed spreads in medium size for aver age bed. Plain hemmed. On sale in Basement Wednes- J0 QQ day, 6 .$13.50, each Pillows $1 Basement 21x27-Inch Bed Pil lows, covered with fancy ticking. Priced very special for j" flQ Wednesday at, each OX.UU Mm.. Initial Pillow Cases 65c Each Basement Fancy Hemstitched Pillow Cases with initials or floral designs. Slightly .soiled. On sale Wednesday, each UJl Day Pillow Slips Embroidered Day Slips for pil lows priced special, each Handkerchiefs 6 for 25c Basement Women's and Chil-. dren's Handkerchiefs in a large assortment of patterns. Neat cor ner embroidered effects. OJT, Priced special, 6 for only J Sale of Purses At $1.79 Basement Women's Strap Purses in several styles, fitted wuh vanity mirror. Well made and extra good values for Wednesday's sale, ai Z. S1.79 Women's Hosiery Basement Here is a good opportunity to supply your hosiery needs at a very low price. Fine quality Cotton Hose in black, white and eight of the leading colors. Double soles, reinforced heel and toe. Not all sizes in each color. Shop early! Odd Lines Pumps, Oxfords Special at $2.48 tts.mn Rvn1rn ltneft iinf if TAur size i Viet- voa will get a bargain worth coming for. Women's .White Canvas Pumps, Oxfords and Strap Sandals also a few High Canvas Shoes. On sale wednes- m ti day in Basement; special, a pair OaufxO Shoes and Slippers pricd no Snecial ?OL 50 pairs Women's and Children's Canvass Shoes and Slippers. Small sizes only. Specially priced for QC Wednesday's selling, the pair OU Muslin Underwear $1.69 Envelope Chemise, Gowns, Skirts Basement Hundreds of pieces Mus lin Underwear, included in this sale. Night Gowns, Envelope Chemise and Skirts made op in many dainty styles trimmed with laces and em broideries. Every garment is well made and of good quality material. Specially priced Wednes- C-t ?Q day in the Basement; only JXJy Dainty Camisoles Special at 59c Basement You will want more than one of these when yoa se how attractive they are. Flesh-color material, trimmed with pretty CQ laces and ribbons. Full assortment of sizes. Basement special JJU f r Boys Wash Suits Priced Special Basement These are of fine quality white materia trimmed with pink, blue, navy, or brown. Sizes 5. 6 and 7 only. Priced very special at 70 each. W9c Tea Cups and Saucers Set of Six, r Q Special at Basement Plain White Nippon China Tea Cups and Saucers, suitable for every day use. On sale Wednes- Q"l "1 Q day in the Basement Set of 6 wl.lt Iced Tea Tumblers tl Basement Thin Blown Glass Tumblers of good qual ity. Large size,. 14-ounce capacity. Very suitable for iced tea, lemonade and other beverages. Priced special for Wednesday, while they last 10 each. Save on Notions and Small Wares Today's Specials at Ba CROCHET COTTON. THE qr DOZEN, W EDNESDAY. AT OOU Bargain Circle. First Floor Elgin Maid, a Perl Cotton for crocheting, tatting and embroidery work. White and colors. Pi teed special for Wednesday! dozen. Spool Silk for hand or ma- rT chine. Speeial Wednesday, at Hatr Pin Cabinet, priced enly 7f Defender Safety Pins, special 8 Adamantine Pins, size 4 ontyj priced special per 1-lb. box, at 59 y 35 c rgain Circle, First Floor Regent Bias Fold. 7-yard bolt 7C Lingerie Tape tn light blu, pink and white; priced special. iolt 7 Cube Pins, Jet only; eube for tt Dov Toiltt Pins, per package 4? Kid Curlers, special, a dosen 12 Child's Hose Supporters hi all stses, Jasper nty, special, pair 100 .Bone Hair Pina in shell and amber colorsi priced special, a box, at 10 Itaotzt Trsuaer Hangers for 12e Tailors' Tapes prioed special 4t Wire Hair Pins) all lengths, it 4 -IVon Silk Taffeta Rib bons, pricd STecial, bolt 10e Stickerie Edging in blue and pink; special, a bolt 18p