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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 5, 1920)
THE MORNING OKEGOMAN. SATURDAY, JUNE 5, 1920 1 kwiiriiiitiD i IN FAUNG CONTEST Case Pendina in Local Courts - i Nearly Three Years. FURTHER APPEAL LIKELY .Document Disposes of Estate of $500,000 to C. Lewis Mead and Thomas X. Strong. That no undue influence was exer cised on the late Xa.rifa J. Faling and that her will of August 26. 1915. dis posing of her $500,000- estate to C. Lewis Mead and Thomas N. Strong, expressed her true 'desires, was the opinion of Circuit Judge, Stapleton, handed down yesterday- afternoon, confirming the validity of the will the second decision sustaining the proponents In a bitterly' fought will contest which has been pending In local courts for nearly three years., Though former County Judge Tax well and Circuit Judge Stapleton both have held the will to be valid, appeal to the supreme court will be taken, according to the attorneys for the heirs to the claim of W. Tyler Smith, a cousin, who began the contest, and who has since died. The principal heirs are two sons William Tyler Smith and W. Thurlow Smith of Los Angeles. t . s Content Fn inrt h y. - - First hearing in the contest began In August, 1917. vnd the taking of testimony and arguments consumed an entire year. The case was taken under advisement by Judge Tazwell In the fall of 1918, and a decision, sustaining the -will, handed ciown in May. 1913. The second hearing, on apepal to the circuit court, began before Circuit Judge Stapieton last October and concluded about two months ago. . The entire itcord of the case the testimony of which re quired 12 large volumes was read to the jurist, and arguments consumed three weeks. John F. Logan was senior counsel for the proponents, appearing with James Wilson and C. Henri Labbe. Coy Burnett. K. E. Heckbert and Rus sell Sewall represented the contest ants. The beneficiaries under the will had known Mrs. Faling for many years, but Dr. Smith, the contestant, though a first cousin living at Sheri dan, Or., never saw her until after her death. Air. Mead had been her friend for 25 years. Mr. Strong had been her attorney for 40 years. Mrs. Faling was 76 years old when she died. July 5, 1917. The first question answered by Judge Stapleton concerned the com petency of Mrs. Faling at the time the signed the will of August 26, 1313. "A long line of witnesses have tes tified that Mrs. Faling was wholly Incompetent from some time in 1909 up to the time of her death," said the Judge, in part. "They speak with cer tainty regarding her incapacity to make a will or do any other business requiring mental effort at any tune between said dates and they were just as positive that she was mentally unsound and wholly incapable of making a will between 1911 and June 6, 1914, as they were that she con tinued in the same mental condition up to the time of her death. "But these witnesses were stag gered and their opinions severely shaken by the production of indis putable evidence of the mental capac ity of the testatrix up to June 6, 1911, the date of her last codicil to the 1911 will ... so strongly were the contestant and their attor neys impressed by this testimony and Its truth that they confessed it and procured permission to file an amend ed petition in which they admitted testatrix' mental soundness at the date of the execution of the will of 1911 and continuously thereafter up to and including June 6, 1914. and pre sented said will of 1911 with its six added codicils for probate as the last testamentary disposition of her es tate. Court's Confidence Shattered. "This delayed move on the part of the contestant casts discredit upon the testimony of the vast number of wit nesses testifying to testatrix' un round mental condition prior to June 6, 1911, and to a very large degree shattered the court's confidence in e evidence of said witnesses as it ; touches of the testatrix' mental capac- liy from June 6, 1914, to the time of her death." . ' After further comment on the evi dence Judge Stapleton concluded by the assertion that there appeared to be ample evidence to sustain the men tal capacity of Mrs. Faling at the time her last will was executed. Concerning the question of undue .influence, which might have been ex ercised by Mr, Strong, or . Mr. Mead, the judge commented: "Strong had been Mrs. Faling's at torney for a long term of years, her confidentiol legal adviser. There is nothing in the record at any point that would in any manner connect Mr. Strong with any thought, siiKsrestion or act that can he con- Assist Nature by Mln( BARK ROOT TONIC Mild Laxative An Apptler Miot the time that you went to your dally work feeling down in the mouth: and many the time that yon rame home after the daily (Triad Jot all In. Then why not let Bark Root Tonic help you. lust a little Ji In tbe mom .91 to start f the day rlrht : Jti-t a little m-r . ... . or on retiring- at aicht. will ao ttiMt your bow el, prevent tndiirentlon and give yon a hearty ap petite. What It has .done for oth er It will al- Remember the label, tte convinced, fee that it bears the t.We It a trial younjc squaw. c- today. Siold eept no nubatl- - at all reliable tute. dracrUta. r write CELRO-KOLA CO. Portland ...... . . Oregon &-- v- ft I Ave- nt 2.' ot Alfrohol 1 iUtfulCtain. E-;vy ; jJost- . ---I' 3;.. i' 3 ' ' ' pi" I f fl-jtd onto 8-.-,: i I CCLKO KOLA CO. trued-as -ceTtdmg in any way-to con trol the final disposition of this es tate to his advantage. . - . . "She finally became so feeble that she empowered Mr. Strong .to draw checks upon her funds and keep up her bills, and he performed this duty with remarkable fidelity, .and nothing appears to indicate in the least that he 'ever entertained any thought Of serving himself ., during this , time. V: voluminous a. n is. thn woma justify the cot justify the court in believing that Mr. Strong ever had a hope that he would finally,' become a beneficiary Under her will. . -. . "Mrs. Faling had no acknowledged relations. She was alone in the world. Her friends were those who had be come such during her struggles In Portland. She was under no obliga- tion to anyone but Mr. Strong. She owed no duty to any living person as she regarded It- ... Her desire was that her estate should grow, that It should not be squandered and frittered away, and she naturally cast about to secure someone whom she could feel confi dent would carry out her desire, and naturally, I think, she made this se lection among her friends, and Mr. Mead was the one who most nearly filled the requirement. He was a friend of years. She had advised with him. He had assisted her in a friend ly way on many occasions. He had managed his own affairs with judg ment and profit. He had been kind to her. He was active and . in the prime of life. Mr. Strong . was in failing health. To whom could she turn? To whom would she most like ly turn? I think that Mead was the logical one for her to call in.. . . . Confidence Not Abuned. "It may be said that a close, con fidential relationship existed between Mr. Mead and Mrs. Faling, but there is no evidence that Mead abused that confidence. She was homeless, father less, motherless, husbandless. child less, and, as far as she knew, without relations, and but few if any close friends. No one remained to whom she felt the ties of kindred tighten; no one to whom she owed a single duty or a moment's consideration, -un less it be to those who had been kind to her in her hours of distress and who in her failing health had come to her assistance. Can it be said that the will is unnatural? What is there in the nature of the circumstances that would cause you to change it even now? ... "There is no evidence, however slight, of undue influence." Judge Stapleton also held that the testatrix at the time of making her will was not laboring under any de lusion with respect to her property or 'tj distribution or with respect to ariy person that she felt was en titled to her bounty though she had "while in a semi-conscious condition, talked of seeing an old woman in tho clock, men in the room, cows on the roof, and referred to people who called on her by her daughter's name.' In conclusion the judge recapitu lated that he found that Mrs. Faling on August 26, 1915, was "of sound and disposing mind and capable in all respects of making a will and that she did on said date, as her free and voluntary act, execute the will presented for probate, and that at the time of making said will she was not acting under the undue influence or coercion of any person, whomso ever." It followed that the will was legal and binding and confirmed by the court. WAGE DECISION SPEEDED Railway Labor Board Promises to Act as Soon as Possible. CHICAGO. June 4V The United States Railway Labor board declared in a statement that a tdecision on the demands of railroad employes for wage increases would be reached at the earliest possible moment. The board adjourned publicjsessions today. preparatory to going into executive session. Track Spur Is Permitt.ed. SALEM. Or., June 4. The Oregon public service commission today ap proved the application of the Stand ard Oil company for permission to construct, at grade, an industry spur track across Turner road and over and along Leslie street in Salem. 1 ' ITS Mil "s' Pcture in which this noted beautv has !EBv lif&J!n HM lsaw I fsnaj I III El -' appeared compares to this, her latest and i Bill 1 riT I 111 jfiTV B S- I I 1 I I I B greatest production, Marah Kills Rjhts mag- i Vw-1 I ?l 1 1 1 1 I f M f.jf I I E IJL I I 1 III H nificent story of golden California. Two mil- 1 "?V I 8 1 1 1 1 1 I' I LI 7i I 1 1 1 E I i MID ion copies of the book printed in eight dif- ' 7 l II llifr I S3 bIMjIIIIIM I III B ferent languages and read by more than ten l J if J VV 1 Ji S fa t 1 V ' MM til II i III! millions. of people. Now see it in nirtiircs. II .yftssSiK I iitiir. I 1 e IV9hi III II ONE WEEK ONLY CECIL TEAGUE ON THE WURLITZER IN CONCERT TOMORROW, 1:30 P. M. Kismet i Henlere Let the Rest of the World Go By. Ball Selection "Faust" Gounod Scenes in a Clock Store. (A descriptive musical fantasy) rnrmTfrmfrr T 1 XCHIGE E Master Tells of Plan to Cut Out Middleman. OREGON MAY USE SCHEME Capitalization of State Organiza tion May Be Raised to $25,00 0. Stock Subscriptions Made. BEXD, Or., June 4. (Special.) A national co-operative exchange ulti mately will be organized by the grange, was tne prediction today of National Master S. J. Lowell in an address given in a closed session of the state grange convention here. He explained the co-operative system as It has worked out in his home state of New York, and was followed by vv. J. Thompson, member of the na tional executive committee, who told of the co-operative plan, worked out by the grange In Maine. The report of the committee on co operation stated that while the farm ers of the nation received $6,000,000,- 000 last year for their crop, the cost to the ultimate consumer was $13,- 000.000.000. By co-operation, pro ducer and consumer could .be. brought more closely together, it was sug gested, eliminating tho necessity of rehandling by several middlemen. blamed for the disparity between pro ducers' and consumers' prices. In the effort to increase the capi talization of the state grange co operative exchange to $25,000, a total or $6000 worth of stock was sub scribed this morning, and one offer to take $5000 worth was made. The previous capitalization was $5000. It is the ultimate policy of the grange to establish branches of the exchange in all communities where the order has organized representation. WASniXGTOX SCORXS ALIAXCE Master Quasbcs Resolution Grounds of "Politics." ABERDEEN. Wash.. Juno 4. (Spe cial.) The Washington state grange voted against affiliating with the non-partisan alliance, with the triple alliance, or with the committee of 4 an organization seeking to revive in a new form the progressive republi can party. The grangers in conven tion here yesterday by parliamentary procedure quashed a resolution of affiliation with the three organiza tions it was learned today. The resolution introduced by the committee on fraternal relations wa heatedly debated, and1 was finally ruled out of order by Master William Bouck on the ground that "the grange is not in politias." The rul ing, made shortly after Bouck's dec laration that the grange will be ac tive politically in this state, was re garded as a sweeping victory by conservatives at the convention. Adoption of a resolution urging correction or amendment of the fed eral farm loan act in case it is ruled unconstitutional by the United States supreme court was the most impor tant' item of business transacted by the grange today.. The convention was addressed by D. J. O'Shea. presi dent of the federal farm loan bank of Spokane, and the adoption of the resolution, which calls attention to the necessity of farm loan statutes, followed. Other addresses delivered today were a plea for free speech and free assembly, by Howard Williams of New York, representing the commit tee of 48 and an address on Co-operation of Progressive Farm Organiza tions, made by George P. Hampton, SEEN I I II I legislative agent of the Washington state grange at Washington, D. C. Frank Graham of Spokane was elected a member of the state execu tive committee for a three-year term. succeeding U. S. Case of Frosser. The convention Is scheduled to ad Journ tonight, after on extra session for the consideration of overflow res olutions. LUMBER TRADE CLOGGED Statement Issued Asserts Conges tion Curtails Output. Unshipped lumber accumulating at Oregon and Washington mills is In fluencing production and the shortage of cars again has developed a physical congestion which Is curtailing output. according to a statement issued by Robert B. - Allen, secretary-manager of the West Coast Lumberman's as sociation. The statement, which sums up conditions at the mills in western Oregon and -western Washington for the past week follows: During the past month mills of the West .Coast Lumbermen's association produced more lumber and shipped relatively less than any other produc ing region in the. United states or Canada. Last week 119 association mills pro duced 83.612.202 feet of lumerb and only shipped 46,860,000. by rail. How ever, the same mills i reported- water shipments amounting to 22,032,512 feet. The unshipped "balance In rail orders is 229,140.000 feet; domestic cargoes, 61.034,866 feet; . and export, 66.733.689 feet. Total unshipped at 119 mills, 356,908,555 feet. Buying, always light on a falling market, is showing signs of life probably duo to the certainty of an early and heavy advance In freight rates.. Practically all large buyers are said "to be planning to get- under cover ahead of this increased trans portation charge. . ... , " , GRANGE HOLDS MEMORIAL Tribute Paid to Members Who Have Died Within Year. BEND, Or., June 4. (Special.) Tribute to 13 members of the state grange who died within the last year was paid this afternoon in the sim ple but impressive grange ritualistic memorial service. As the name of each was called, a friend from the ranks of the assem bled grangers told briefly of the life and citizenship of the deceased and laid a flower on the altar. Counting of ballots cast last night showed two offices accorded to a father and son. H. L. Leady of Bea verton was ' re-elected member of the state executive committee, while his son, J. C. Leady, also of Beaverton, was named assistant steward. Charles Hays of Portland is the new over seer; Mrs. Carrie Sales of astoria was chosen Ceres, while H. C. Wheeler of Lane county and M. M. Burtner of Dufur were picked for the legislative committee. 7-STORY BUILDING LEASED Oregon Transfer Company Signs for Structure for Ten Years. Possession of the seven-story brick building at the northwest corner of Eighteenth and Upshur streets for period of 10 years has been obtained by the Oregon Transfer company through the signing of a lease closed yesterday. The building has been occupied for some time and still used by Montgomery Ward & Co. Under the arrangements of the lease the transfer company will take over the property as soon as the present tenant has moved into the new Mont gomery Ward building now under construction in the same neighbor hood. The lease was obtained from J. L. Cormon of Tacoma. W. C. Becktell a local realty agent, acting as agent for both parties. The total rental for the period of 10 years will approx imate $100,000, it is stated. Astoria Elks Coming. ASTORIA, Or., June 4. (Special.) A delegation of approximately 350 Klks from Astoria lodge will visit mm llllll..llllll.llllll..ll.,...lfllll--alla...llllllil inmill mil mi huh ii hiii ! liMtMILj 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ii Gmt You Can Now BREAKFAST at Ye Oregon Grill Broadway at Stark Famous for Years for Its Noon Lunches Evening Dinners After-Theater Suppers The same prompt service and excellent cuisine prevails morn ing;, noon and night. Portland tomorrow, leaving here on special train at 2:30 in the after noon. The Astoria degree team will render the ritualistic work and con fer degrees at the meeting of the Portland lodge on Saturday evening. The Astorians will spend Sunday In the metropolis, their special train leaving there at 11 o'clock on Sunday evening. VALERA TO SEEK PLANK Platform Favoring "Irish Repub lic" Is Desired. CHICAGO, June 4. Eamonn de Va lera, "president of the Irish repub lic." today arrived in Chicago from New York and announced he would attempt to obtain a plank in the re publican platform in favor of the rec ognition by the United States of the "Irish republic." "I hope to see this plank adopted in the platform of both parties." Mr. de Valera said. "After this conven tion Is over, I shall go to San Fran cisco to try to get the democrats to adopt it." .. .. $3000 Damages Awarded. OREGON CITY, Or., June 4. (Spe cial.) Mrs. Catherine Piatt, a well known resident of West Linn, who brought suit against the city of Newberg, Or, for injuries received last July when she fell and broke her arm, has been awarded $3000 by the court at McMinnville. Speedometer Stock lucr eased. RICHMOND. Va., June 4. Stock holders of Stewart-Warner Speedom eter corporation, in special session today, authorized an increase In the I Mil H The Tide Runs i D fin rou I A Real All Men's From Men s Regular Regular Regular Men's Summer Underwear Sale! ATHLETIC UNION SUITS Regularly priced $2.50, $3 and $4 Only $1.95 Three for $5.75 Three Assorted Patterns in a Box Buy Them by the Box! BEN SELLING capital stock of tho corporation from 400,000 to 600,000 shares or no par value. Of the new issue 60,000 shares will be used to acquire the Stewart Manufacturing corporation through exchange ,of stock on the baeis of share for share, and th remaining I r'riSJl Thc Season' Be8t Offering VJ The most gorgeous and sensa- sjS5 tional Dicture ever screened. Beau tiful women. Amazing scenes, remarkable cast, a wonderful story. That's 'Every woman.' COLUMBIA ORCHESTRA Knowles Directing Orchestra Matinee at 2:30 P. M. r Big Sales! Clothing Sale! , Young Men's and Boys' Suits ONE-FIFTH OFF Regular Marked Prices ! All Children's Wash Suits Regularly Priced $2, $2.50, $3, $3.50, $4, $4.50, $5, $6, $6.50, $7.50, $8.50, $10 ONE-FIFTH OFF Colossal Shirt Sale $3.50 and $4 Shirts $2.45 $5.00 and $6 Shirts $3.85 $7.50 and $8.50 Shirts $4.85 140,000 shares treasury. will be left in the Farragut Soon to Join Fleet. VALLEJO. Cal., June 4. The de stroyer Farragut. built to replace the High Leading Clothier Morrison at Fourth destroyer Farragut condemned and sold a few years ago. was delivered to Mare Island today. She will be as signed to the Pacific fleet as soon as fitted out here. Commander P. L. Wil son has been appointed commanding officer. I. i J .