16
TJIE MORNING OREGOMAX, FRIDAY, JULY 2o. 1010.
UTIGMITS IN SUIT
Earl Nicholson Criticises Sister
and Starts Melee.
WOMAN'S HUSBAND BIFFS
relatives and friends of the sufferers.
A mass meeting- was held in the Swiss
hall I and a committee of seven was
selected to take immediate steps for
possible relief activities here and over
the northwest.
The executive committee named con
sists of Paul Weissinger, John Mon-tag-,
Hy Eilers, Rev. K. O. Salzman,
Ernst Kroner, John Reisacher and A. E.
Kern. This committee, the members of
which are nearly all said to have near
relatives in the stricken countries, met
Wednesday night at the chamber of
commerce rooms and named committees
and subcommittees to take up the re
lief work in every district in Oregon
and Washing-ton. A. women's executive
committer, also embracing seven mem
bers, is being- termed for the same
territory. The organization is to be
known as the committee for relief of
German-Austrian women and children.
WIFE REFUTES GHARGES
MRS. MAXMOX DEXIES ILL
TEXTlbXS IX FLIGHT.
IX-
Ollier Parties to Case Jump Into
Jray and Attorneys Concerned
Also Take Hand.
When remarks by Earl Xicholson
derogatory to his sister, Mrs. Grace
Nicholson Holman, were resented by '
her husband, Lawrence H. Holman, as j
they left the courtroom of Circuit I
Judge Tazwell yesterday morning,
a fistic encounter ensued which did
not end until after Mrs. Margaret Root j
and Rodney Nicholson, other litigants, j
and Attorneys Dan J. Malark'ey and E. i
B. Seabrook had joined the melee, ac- i
cording to witnesses of the affair. Mrs.
Root said she was only a spectator.
There were no casualties but friend
ly relations of the brothers and sisters
involved in the litigation over a $30,000
inheritance were severely strained.
Earl Nicholson, according to those
sitting near him, flung remarks at his
sister across an aisle in the courtroom
during a preliminary hearing and after
their case was postponed Mr. Malarkey
followed him into the corridor to tell
him that ungentlemanly conduct would
not be tolerated in the courtroom an
other time. Mr. Holman closely fol
lowed Mr. Malarkey and remarked that
he had stood for insults to his wife
as long as he intended. " As blows were
struck, Mr. Malarkey attempted to
separate the contestants and was set
upon by both Nicholson brothers, he
states. The otners entered the fray in
short order, either with the purpose
of separating combatants, or because
they were imbued with the spirit of
the affair. Order was restored before
there whs bloodshed and the news
paper derision made it a draw.
The case will be heard next Wednes
day hy Judge Tazwell, who threatens
libera! fines for contempt if there is
any disturbance in the courtroom.
-Nicholson Estate Involved.
The matter at issue involves the es
tate of the late William T. B. Nichol
son, an Oregon pioneer who died last
year, leaving five ch ildren. Mrs. Mar
garet Root and Mrs. Minnie I.. Kill
being the eldest daughters, Rodney and
Earl Nicholson, tha sons, and Mrs.
(Irace Holman, the youngest child. The
deceased was owner of a large tract
known as the Nicholson addition, val
ued around $75,000, which he proposed
in a will drawn in 1S94 to divide equal
ly among his children. A few years
later he sold the portion devised to his
son. Earl, disinheriting him except for
a small parcel of land left for division
among all five children.
In 1904, Mr. Nicholson became in
sane, and J. V. Beach was appointed
admin 1st rator of his estate. In 1914,
- when Mr. Beach was on the local
school board, it was considered ad
visible to sell a portion of the Nichol
son property, two blocks, for school
purposes. It was disposed of for $50,000.
As a portion of the property sold came
from the section bequeathed in the
1S94 will to Mrs. Root, Mrs. Hill and
Rodney Nicholson, they agreed t hat
t hey should receive a portion of the
residue not bequeathed in lieu of the
property sold. At the same time Karl
Nicholson, who had been disinherited
of his portion of the land sold, de
manded a settlement in lieu of the
part he had no claim to, and received
it. Mrs. Holman asked no land, as it
was not believed any of her property
had been sold.
Readjustment 1 Refaned.
At the death of the father in 191S,
it was discovered that a mistake had
been made in the 1914 records and that
the entire tract bequeathed the young
est daughter had been sold to the
school district. She proposed a division
agreement with her b, rot hers and sis
lers so that she could receive a just
share of her father's estate but, with
the exception of Mrs. Hill and Rodney
Nicholson, they flatly refused.
When Mrs. Holman, whose husband
is secretary-treasurer of the Amcri
can Transportation company, went t
Attorneys Malarkey, Seabrook & Dibble
to see if anything could be done, they
advised her not to worry as she had
a legal right to the $30,000 residue of
the $50,000 paid for the school land as
her share of the estate. When the other
heirs heard of this, they immediately
proposed a division of land, which Mrs.
Holman rejected, preferring the money,
The present suit seeks to force Mrs.
Holman to accept a division of prop
erty.
CLARKE SENATOR SHUT OUT
MEMBERSHIP OX INDUSTRIAL
BODY HELD ILLEGAL.
u pre me Court Decides Legislators
"Who Helped Pass Code Act
Are Barred.
OLYMPIA, Wash., July 24. (Spe-
ial.) State Senator E. L. French of
Clarke and Representative Fred Nor
man of Pacific are excluded from mem-
ership on the industrial code commis-
mission, created by the 1919 legislature.
by a decision of the supreme court to
day. As legislators who participated
passing the code commission act
hey are constitutionally barred from
accepting the $10 a day compensation
rovided for time actually given to
commission work, or from the personal
expense allowance.
Although membership of a state sen
ator and a representative on the com
mission is statutorily mandatory the
upreme court holds that the governor
can appoint two eligible substitutes
without invalidating the act for the
prescribed purpose of investigating in-
ustnal evils and recommending; a cur
ative code to the 1921 session.
Representative Norman was appoint
ed by Governor Louis F. Hart as labor
member of the commission of five, with
Senator French representing general
interests. It is said the latter may
continue on the commission at his own
expense.
MITRATE PLANT PLANNED
DEVELOPMENT WORK WTLIi BE
DOXE IX HARNEY.
JUDGES GALL ON PIONEER
JAMES McCAIX, McMIXXVILLE
ATTORNEY", VISITED.
Well-Known Oregon Citizen III With
Little Hope Entertained by .
Physicians.
SALEM. Or., July 24. (Special.)
Five members, or the Oregon supreme
court, including Justices Charles A.
Johns. Thomas A. McBride, George H
Bi?rnett, Henry I. Benson and Henry J.
Bean went to McMinnville last tiinht,
where they passed an hour chatting
with James Mclaln, pioneer Oregon at
torney. who has been in ill health for
the past throe months. Mr. McCain
said to be in a serious condition, and
his physicians have little hope for his
recovery.
Although 77 years of age. Mr. McCain
has a keen mind and recalled many
cidents connected with his early life
Oreuon and the Pacific northwest.
Mr. McCain has a wide acquaintance
shin throughout the btate, and for many
years was recognized as one of the
leading attornejs on the Pacific coast.
Until throe months ago he was activ
in his profession and was prominen
In handling some of the most importan
litigation included in the records of
the state supreme court. He was at
one time district attorney of the third
judicial district and held other posi
tions of public trust.
Sheep Monntain and Stinking Lake
Deposits May Interest Capital
of Eastern States.
BEND. Or., July 24. (Special.) De
velopment work on the nitrate deposits
on bheep mountain and in bunking
ake, both in Harney county, will be
tarted this fall by the Oregon Nitrate
company and to interest eastern capital
the new industry J. H. Morton of
this city, president El the company.
1 leave early in August. Expense
will be chiefly at Sheep mountain, 100
iles from Bend, as no plant whatever
will be required in operating at the
ake, 40 miles farther out.
Prospect holes sunk at intervals over
he 4800-acre property have shown
that the entire mountain is an almost
solid mass of nitrate rock, assaying
high for sodium compounds and from
to 23 per cent for potassium salts.
That a fertilizer industry may be
built up also at the lake i3 the belief
of officers of the company and with
this in view samples of the stratum
mmediately underlying the deposit of
mineral salts have been sent to the
Oregon Agricultural college for analy
sis.
Husband, Who Went in Trans-Pacific
Pursuit, Alleged Unfit to
Care for Children.
Echoes of the trans-Pacific pursuit
of Mrs. Enriqueta T. V. Mannion and
ner two younger sons by former Cap
tain James W. B. Mannion. who was
foiled at the Hawaiian Islands while
his wife continued her Journey to
Manila. P. I., unmolested, were awak
ened in the circuit court yesterday
when Mrs. Mannions attorney filed an
affidavit, bearing the imposing gold
seal of the government of the Philip
pine Islands, and refuting accusations
made by her husband in affidavits
filed in the local court last April.
Mrs. Mannion denies she attempted
to flee from the jurisdiction of the
local court, saying that she applied
for passports in the regular way from
the United States district clerk at
Portland, and did not leave surrepti
tiously or clandestinely. She packed
her belongings in casea which had
been furnished by her husband when
she had contemplated, a few months
before, going out of the jurisdiction of
the court to reside in California, and
believed all the while that her actions
were absolutely legal and that it was
unnecessary to inform the court that
she was leaving with the children who
had been granted her by decree of di
vorce, she asserted.
The Mannions were married at Ma
nila. Mrs. Mannion comes from a
wealthy Spanish family. She haa gone
back to her mother where she has a
comfortable home assured for the rest
of her life, leaving, she asserts in her
affidavit, because of her belief that
her husband, who had failed to pay her
alimony for several months, intended
to alienate the affections of her two
younger sons, as well as the eldest
who is still with him. and desert her.
The wife asserts she will apply to
the Manila court for a guardianship of
her children, who will become wards
of the court and may be taken from
her if she proves unfit to care for
them. The S5000 she took with her
from Portland was all that was left of
her private fortune, the remainder of
which had been misappropriated hy
her husband, sho says. She offers to
prove to the court that her husband is
unfit to care for their children.
OIL INDICATIONS ARE GOOD
Geologists Convinced of Existence in
Olympic Peninsula.
ABERDEEN", Wash., July 24. (Spe
cial.) Oil indications in the Grays
Harbor-Jefferson county district are
good, according to Stirling B. Hill,
geologist, of Seattle, who made a study
of formations here for the past nine
vears.
"In common with other geologists I
am convinced that oil exists in the
Olympic peninsula." said Mr. Hill. "The
only ouest'on is whether it will be in
commercial quantities. This is a thing
which can be told only by drilling
down Into the oil sands. I know of no
field where preliminary indications
were better."
. The district contains many anticlines.
which Mr. Hill says were caused by
the earth being wrinkled up like
cloth during the cooling process of
ages ago. The oil. seeking a high level
because it is lighter than water, nat
urally finds reservoirs in these anti
clines.
HOOD TO GREET TOURISTS
Xcw York Party to Sec Orchards
and Columbia Highway.
HOOD RIVER, Or., July 24. (Spe
cial.) Hood River is already shining
up for the entertainment of the Brook-
yn Ka fries party of 125 New York and
Brooklyn folk, who will arrive here
Thursday, August 7. The visitors, on
tour of the national parks and the
Rockies and west coast, will be break
fasted at a local hotel and then carried
on an excursion of several hours
through the orchards.
The party will go from here by train
to Bonnevilie. where they will take au
tomobiles over the Columbia river high
way to .Portland.
Eugene Elks Organize Band.
KUGEXE, Or.. July 24. (Special.)
The Kugcne lodge of Klkn is organiz
ing a brass band with Professor Albert
Perfect, of the university, as director,
The personnel and the instrumentation
follows: Cornets. Charles Cochran
Maurice Hyde. Loyd Pickard, Al Lund-
strum. George Houghton, L. Baker and
Albert Perfect; clarinets, Harry Woo
ley, Milo Roach, Archie Zimmer. Nor
man Byrne, C. W. Tage and Wayne
Headly; horns, Dan Marsters and
Charles Allen : flute, Frank Badollet ;
bassoon. Mr. Probtsfield; oboe, Mr. Bar
rett: trombone. Mr. - Hayes. Harry
Hobbs, Raymond Marlatte, Alf Billard
and R. C. Hall; baritone. Russell Cjuis-
sen berry.
ITALIAN ENVOY RETURNS
Commandatore Garbasso, Minister to
China, on Way Home.
VANCOUVER, B. C, July 24. A dis
tinguished Italian statesman in the
person of Commandatore Garbasso,
minister to the court of Pekin, will
reach Vancouver on the Empress of
Russia July. 28. according to advices
received by Italian Consul Masi from
the charge d'affairs at Pckin and
from the consul-general at Montreal.
Commandatore tiarbasso haa been
called to Rome to assume the duties of
chief of the foreign office staff under
Foreign Minister Tittoni.
Family Travels With Oxen.
WHITE SALMON. Wash., July 24.
(Special.) While Tunis Wyera Jr. and
brother were en route for Prinevilfe
this week they overtook a team of
white-faced oxen, hitched to a prairie
schooner, with family and household
goods aboard, bound for Spokane. The
oxen had on breeching harness, open
bridles with bits in their mouths, col
lars upside down and cruppers under
their tails.
Entertainment Planned for Brran
ABERDEEN. Wash.. July 24. (Spe
cial.) William Jennings Bryan will be
entertained by Aberdeen democrats at
a banquet Tuesday next in connection
with the Grays Harbor Chautauqua.
He also will be taken on a trip to the
camps of the Poison Logging com
pany if he desires to go.
New York Price of Eggs
1911 to 1918
1911-Unr. ISe: kith. 44c
irl-U. IV: b tt, Se
1.1V-Low. 18c: high. 45o
1814 Lew. lfte; huk, 44.
IltIS- Lot. Ik:
lSK-Lsw. Z2c:
1.17. -Low. Sic:
lflt-Ln. Mc:
. 45e
: hixti. 52e
kit. Mc
h4 74.
Lutherans Will Build t'hnrrh.
ABERDEKN, Wash., July 24 Spe
rial.) At a called meeting of the
Swedish Iutheran church here Tuesday
evening it was de-ided to begin at onre
the construction oi a new church on
lot which the church owns at the
corner of Ural and I streets in the
triangle between the First Presbyte
rian and First Methodist churches. The
men of the church volunteered to turn
out to work on the excavation for the
foundation, which will be of concrete
;n::;,.i.
!!
Don't Use a Coffee Pot!
liilllM
There may be other reasons for eating
a thing, but the First Reason is that
it is Good. That's the Outstanding
Argument for G. Washington's
Coffee. It Tastes Better than nine-
tenths of the coffee you find, because
it is absolutely pure coffee. Makes
delicious iced coffee.
Ready for instant use when you
pour on the water- hot or cold.
--.
MADE IN THE CUP AT THETABLE
CATTLEMEN IN RANGE WAR
KLICKITAT COCXTT, WASH., EX
CITED OVER OUTBREAK.
waa fired
being hit.
at from ambush, his car
Arrests Reported Made AJtcr RItbI
Outrits Engage in. Sham Battle
Over Troubles.
WHITK SALMON. Wash.. July 21.
(Special.) Following trouble between
rival cattle outfits in the White Salmon
region a number of arrests are said to
have been made by deputy eheriffs,
who are reported to have taken the
prisoners to Golendalc. Kxcltement
prevails in Klickitat county as the
situation grows more aoute.
It is reported the trouble started
when Kdward Perry, a former range
rider for John Wyers of White Salmon,
joined hands with Bob Barker in the
cattle busings. Perry and Wyers own
a small ranch above l.yl' and have
leased homestead land, giving them a
local operating headquarters. It Is
stated that they took in some 300 head
of cattle from The Dalles and about
100 head from other souroes: these
were put on the range- above Iyle.
eating out the range of the native out
fits it is said.
Incensed at what they considered an
infringement of their fights, a vigil
ance committee was formed. Members
of this committee, heavily masked, are
said to have called on Perry and Wyers
and warned them to leave the country,
giving them a certain time to do so.
Considerable wild shooting is reported
to have takcji place further to intimi
date them.
A week ago Sunday night the com
mittee Is said to have rounded up some
l.'.O to 200 of their cattle with the in
tention of shoving them over on the
herd law district, surrounding White
Salmon, which to quite an extent was
accomplished, it is reported.
The Barker outfit is endeavoring to
round up these strays and get them
back again on the ra.nge. Report has
come in that what is supposed to have
been on-e of the vigilance committee,
while driving his car Saturday lsst.
EDITORS TO BE GREETED
Chrhalls Prepares Welcome for Na
tional Delegates' Party.
CHEHAXJS. Wash., July 24. (Spe
cial.) The local editors of Chehalts
and members of the bureau of conven
tions and publicity of the Citizens club
are busily engaged working out plans
for the proper entertainment of dele
crates to the National Kditorial associa
tion, who are to be guests of the city
at a noonday luncheon to be held here
August S.
A picnic luncheon will be served In
the pretty oak grove opposite the city
library.
LEWISTON TO BID FOR T. R,
Commercial Club Takes Steps t(
Schedule Address.
T.KW1STON. Idaho. July 24. (Spe
cial.) The Commercial club yesterday
noon decided to take steps to get
Theodore Uooevelf for an sddress to
citisens of lewiton some time in Sep-
tember. T. A. r eeney. commander of
the Lewis and Clark post of the
American legion, said State Commander
hi. hi. Boom- of Moscow informed him
that Mr. Roosevelt already was sched
uled to visit Coeur d'Aicne and I'oca
tello, and that Lcwiston might be in
cluded in his itinerary if pressure were
brought to bear. The club pledged its
co-operation to raise funds for this
purpose.
The chairman of the committee to
secure advertising for the I.ewiston
Hill highway reported that an order
for 10.000 picture postcards showing a
series of attractive views of the high
way had been placed.
the 14 miles ot the road this year. Tin
contract call for grading and paving
Chehalls Hoy lron.
CHEIULIf. Wash.. July 14. Spc
oliil.l Yalmont Kavburk. son of Mr.
and Mrs. A. Raybuclc of Chehalis, was
drowned in the ("hchalis river near
laquato while awimming. The lad was
14 years of age. It is thought that he
was seized with cramps.
Road Work Progressing.
SALEM. Or.. July i4. (Special.)
Oskar Hubcr. now at work construct
ing the Salem-Pallas road, has in
formed the state highway commission
that he expects to f-oroleto five of
porf
mmm
ASK YOUR GROCER
HMS-fOSTffiBAKlNGCQ
PORTLAND. OREGON.
SALEM BAKING CQ
J5ALEM.OREGON. Jj
of the jeefon
v.
5 V5f rW'i aM
1 fs9 B W 1
-mv 'for 1
k r, -yr j.
GERMAN RELIEF STARTED
Committee Appointed to Organize
Work Throughout State.
A movement for tli relief of al
leped distress, suffering and hunger
on the part of women, children and
aged person living1 in Germany and
other territory of former enemy coun
tries was started in Portland Wednesday
In response to emergency calls that
have come more or less indirectly to
Wkmt the pnc is a pratrt. it will donsim mt wtstar.
' EGG-O-LATUM mn p-a-fcet,? frwb from
pna or nnmw throagb th fitowin wintv at
!ost of otmt rnt m dtten. tlmsilT and amjcaJy pplMd.
r4re- mrt ev in mi or ww oh in tsetuur.
Tw mbtrm Me jWr f or 10 4ammo m. mad CO
Jar. 4Rkoaa-B t 200 doawa. Wi aaatl po-tpaid.
GEO. H. LEE CO. OMAHA. NEB.
Far Ml mt Dra. Fowtry Supply d Saad Bcwaa
NURAYA TEA Is delicious
Closset Se Devers Portland
"TZe -Cettbi, -tfLcvn, kf4xy
-cccujLd. mlcon4 cL&mxxsrvct
Every grocer every
where sells Kellogg's
every day.
Make them yourself
while your wife is away
AuhtJehiha
When you want an easy breakfast, as well as a
mighty good one, make Aunt Jemima Pancakes.
No expert knowledge of cooking Is needed
all the ingredients to make the best cakes you
ever tasted come already mixed in the flour.
Even sweet milk, in powdered form s that
you add nothing but water. In half a minute you
are sitting down to a big stack of pining hot,
brown pancakes that sure do "hit the spot."
Get a package of Aunt Jemima Pancake
Flour from your grocer today.
I Sf ALREADY
'I'se in town. Honey I ' '
CarrrlaU lilt. Aut Trailiai Ian riiiHT. St. Joaavh. MliKairl