10 COMING WITH the coming1 of the cruiser Marblehead to serve as a train ing ship for the Oregon Naval Militia, thus providing a vessel on which week-end cruises may be taken, & great impetus is expected to be given to recruiting in that branch ot the mil itary service. The Marblehead is now being repaired in the Mare Island Jvavy-yard at San Francisco, and is expected to arrive about May 5. Officers and men of the Naval Mi litia are enthusiastic over the coming of the new cruiser, which is to take the place of the Boston, the training ehip here since 1911. As to the final disposition of the Boston no information of an official charter has been received by local Na tional Guard officers. It is believed, however, that she willbe sold at auc tion for conversion into a merchant vessel; At the present price of bot toms it is believed that this would be most economical. The hull of the old cruiser is still in rood condition and she could be fitted with new boilers and machinery and readily utilized for cargo. On the other hand, it is considered that it would be far too expensive to fit her up for further duty as a war vessel. Recruiting Likely to Be Stimulated. Efforts to secure a large number of new recruits are to be made by the Naval Militia. The new auxiliary or ganization formed by Portland attor neys is expected to assist materially In this work. The new training ship will also be an added Inducement. The Boston is a larger war vessel than the Marblehead. The Marblehead, however, is of later design and is built on speedier lines. She carries a lighter "battery but of more modern guns. Both Vessel are third-class cruisers. The difference "n the two vessels is Ihown by the following statistics: Marblehead Built at City Point "Works, Boston, Mass.; 257 feet long: 87 feet beam; 14 feet 6 Inches depth of hold; displacement. 2070 tons: trial speed. 18.44 knots; battery, eight four Inch 50-caliber rapidfire guns and three six-pounder rapidfire guns; echooner rig, two funnels; complement, 12 officers and 239 men and 5 warrant officers; cost for hull and machinery, $74,0or: authorised in 1SSS and re ceived first commission April 2, 1&94. Boston Wan With Dewey. Boston Built at Chester, Pa.; 277 feet long; 42 feet 2 inches beam; 16 feet 10 inches depth of hold; displacement. 3000 tons; trial speed. 15.6 knots; kchooner rig. two funnels: battery, two ierht-inch SO-caliber breech-loading rifles, three six-inch 30-caliber rapid fire guns, one four-inch 40-caliber rapidfire- gun and six six-pounders; complement, 12 officers, 251 men and 5 warrant officers; cost of hull and machinery, $619,000; authorized in 1S83 and first commissioned May 2, 1S87. The Boston was one of the original members of the "White Squadron" on the Atlantic preceding the Spanish American war. She served In Admiral Dewey's fleet during that war and took part in the battle of Manila Bay. Later the Boston was a member of the Pacific fleet and took part in the maneuvers at the time of the Panama Colombia difficulties. The cruiser -was turned over to the Oregon Naval Militia in May, 1911. and in July of that year made a cruise with the mem bers of that organization to Coos Bay. That was her last cruise, and since that time she has been declared unfit for Fea duty and has been moored in the river. Marblehead Was Blockader. The Marblehead also took part in the Spanish-American War. and as a mem ber of Admiral Sampson's fleet she participated in the blockade of Cuba. At that time she was commanded by the late Rear-Admiral B. H. McCalla, then a captain. Later the Marblehead was sent to the Pacific Coast for service, being for a time a member of the same fleet as the Boston. For sev eral years she has been used by the Naval Militia of California for a train ing ship. The Naval Militia has made a num ber of substantial additions to its mem bership recently and it is estimated that 40 per cent of the men now be longing to the organization Joined eince the cruise in July and August. A notable addition made recently was that of the high school division com posed of students of Washington High School and now comprising 47 mem bers. The 21 members of the postmens hand also Joined in a. body, thus giv ing the Naval Militia that splendid musical organization. The new members are particularly enthusiastic over the Naval Militia. Since the high school division was or ganized December 28 there have been among Its membership but two ab sences from drill duty and both of those were caused by sickness. The postmens' bond. Joining about the same time, has had but three absences. Those were caused by the death of a brother cf three of the members of the band. , Target Practice Improves. The Naval Militia, which now has a BiemnershlD of 210 men, was organized In January, 1911. Previous to that, however, there was a voluntary naval reserve, which was formed by proc lamation of the Governor in 1910. Since its organization the Naval Militia has made a cruise each Summer, the first being on the Boston to Coos Bay. After 1911, however, one of the cruis ers of the regular Navy was detailed by the War- Department to take the militia. During the cruise of 1914 the Oregon Militia had its first chance at target practice. The members failed to give a pood account of themselves, but on the following cruise, 1915, they made an unusually good record, their percent aee being 87 H- For the last two years the Naval Militia has also participated In the state and National rifle matches and has made good showings in each contest. Preliminary to an active campaign. OF MARBLEHEAD EXPECTED TO 7r d7saujz of Officer CVc?3 ' Jttc1 Offcers- an sf for recruits for the Oreeon Nava" Militia Lieutenant-Commander George F. Blair, commanding officer of the Naval Militia, is preparing for publi cation a pamphlet describing the or ganization. The text has been ar ranged and it gives some straightfor ward reasons for preparedness. Answering the question: "Why should I Enlist?" Commander Blair gives the six following reasons: "It is your duty as & citizen." "It is your own salvation In case you are compelled to serve." "It develops your physical condi tion." "It broadens your viewpoint by add ing to your knowledge and experience." "It will aid you to aavanoe in your civil occupation." "It will be a pleasure to you." Continuing the same thought h6 eays: "As a citizen you are not only en titled to protection yourself, but you have also guaranteed protection to your fellow citizens, and if you are In capable of Intelligent co-operation for military defense you fail in your duty as a citizen. Furthermore, if you are unwilling to aid in the defense of others you are not entitled to protec tion at their expense, and not only are you a poor citizen yourself, but also you encourage others to be poor cit izens. "In case of war with any world power your services would be needed, and eventually would be compelled, and if you are unprepared your life will be sacrificed to your own lack of thought and foresight Object In to Create Reserve. "If you take up a branch of military service similar to your civil occupa tion you have opportunities for prac tical and technical instruction under experienced masters which you could not obtain otherwise outside a tech nical institution or college."- Of the work of the Naval Militia he says: "As the primary object of the Naval Militta is to provide an efficient re serve force to fill vacancies existing in the complements of the first and sec ond line ships and complements of the ships In reserve, strict discipline is en forced during the weekly hour and a half drill period and during cruises, and the drills and instruction are de signed so as to perfect each man in the duties of his rate So far as the limited time allows. "As a secondary object the state au thorities try so to arrange the drills and instruction that each man will re ceive training whicii will ba ot .value THE SUXDAT OREGOXIAX, PORTLAND, Week-End Cruises for Naval Militia Are Possible in New Training Ship, Which Is Seaworthy. saw-" r 1 to him In his chosen occupation or fit him for a trade or profession. "Though the Naval Militia slogan is work, social and athletic activities are encouraged. Once a quarter a dance Is given for the entire ship's company. Occasional entertainments are given by individual divisions. The athletic club gives smokers, and boat races are held between divisions and in competition with other ships. Concerts are also given by the band." In closing Comamnder Blair urges the young man to enlist. , "Do your part in our National task," LEGAL SIDELIGHTS FOR LAWYERS AND LAYMEN BT REYKELliE G. E. CORNISH, OF PORTLAND BAR. FOUND A HERO! When a team of horses, hitched to a heavy streetsweeper is dashing down a crowded thoroughfare, what is the duty of a man, strong in courage and capable Ijmyslcally 7 Shall he keep himseir in Assured safety "and let the runaway horses go on their way, unchecked, or shall he try to stop them? And if he tries and falls, what does the law say of his act? - These interesting questions are dis cussed in Halloran vs. City of New York. 153 N. Y. S. 417. In this case the man on the sidewalk tried and failed. His administrator sued the city of New York, to whom the street-sweeper and team belonged, for his death, alleging that Its negligence in permitting the team to run away bad caused the ac cident. The city defended on the ground that the deceased had been guilty of con tributory negligence by voluntarily placing himself in danger, in his at tempt to stop the team, so that his es tate was barred from recovery. The court held that it was a ques tion for the jury to decide whether the act of the deceased was rash or justi fied under the circumstances. That where horses were dashing through the streets, unattended, the Jury was Justi fied in inferring that if they continued unchecked harm would come to some one; and that the sense of duty to rescue a person in danger based upon feelings of the highest value. "Whether or not it is culpable to obey that duty rests upon the condi tions presented. . . It is a choice between strong and brave men keeping themselves In assured safeLy aud let 7. .- -...:..; ..,7. 1fcw-::-:.- JZZcf Jfen of he says. "If you are a young man en list in the Naval Militia or some other branch of the voluntary forces it only means the giving one-half of 1 per cent of your time to the military work. If you are too old to enlist inform your self as to the true conditions existing in this country and encourag-e enlist ments by the younger men. Remember that National defense is a matter vital to your personal welfare. If you do your part others will do theirs. If you shirk, others will do likewise. So stop leaving the military work to. the other fellow, get in and act." ting these horses make their hurtling way unchecked, or 'using efforts as prudently as the occasion permits to prevent it." The jury rendered its verdict against the city and in favor of the estate of the hero. And the cook blew up! ... Cooks are notoriously hot of disposition and Inclined to "blow up" on short provo cation. And the cook in Holmberg vs. Jacobs, 150 Pac. 284, (Or.) seems to have been no exception to the general rule. In this case the cook claimed that her employer had furnished her with a defective gas stove which was in such a rusted and dilapidated condition that gas would escape and accumulate In the stove, making it unsafe and danger ous when any person should use it. The testimony showed that the plaint iff had lighted both of the oven burn ers about 20 minutes before the ex plosion and that during that period she had opened the oven door three times to test the heat. The court held that It would take Judicial notice of the fact that gas ordinarily used for fuel is so inflam mable that the moment a flame is ap plied it will immediately ignite with an instant explosion if it is present in any appreciable volume. Since ac cording to the cook's testimony, the gas had been lighted for 20 minutes before, the explosion evidently could not have occurred from any previously accumulated gas as alleged, and there being no evidence of any leak from a pipe or any way In "which gas could get Into ilio oven ticot tnrouh Lbe.1 STATiCIX 26, 1916.' f ill - a - 4 r. -TZf&HV 'a G - burners which she claimed were lighted, she had not established her allegations. "The mere occurrence of an injury furnishes no cause for action, . . it is incumbent upon the plaintiff, not only to establish the happening of the accident as stated, but also that it happened on account of the negligence alleged in the complaint. . . Such a State of testimony, leaves the jury merely to speculate upon the actual cause of the accident, and the author ities ae unanimous to the effect that a recovery cannot be made to depend upon pure speculation." Mind Your Step The defendant owned a grocery store and a butcher shop between which there were swing ing doors for the use of customers. The floor of the butcher shop was slightly lower than that of the grocery store and a platform on a level witn the floor of the grocery store extended a short distance beyond the doors. A customer who had never before been in the butcher shop, passed through the doors, stepped on the edge of the platform and fell. She sued the butcher for damages. The court held that if the construc tion of the platform was so obviously faulty that t constituted a trap the defendant was liable for negligence in maintaining it. Hanley vs. Butler, 153 N. Y. S. 39. Just a JUitUft Hard Ue&i-ing A SPUR RECRUITING V. v. USD S V' r V Ofa&r.t - L 'Jir,-Cin. f s7sy of i?s JSqZozi motorist does not always discharge his duty to the public by a mere blowing of his horn. In the case of Fu'rianao vs. Bird, 146 Pac. 58. the driver of an automobile overtook a person riding a horse along the highway. He blew his horn, but when he observed that the rider apparently did not hear it he continued without slackening his speed and ran into the horse. In an action brought to recover for the damages which resulted, the court held that a person riding a horse on a highway was not obliged to constant ly look back, even though he was hard of hearing, especially where there .was ample room for the driver of an autor mobile to turn out and avoid striking his horse, and that where the driver observed that such person did not hear his horn it was his duty to slow down and even stop if necessary. In order to prevent an accident. Domicile Distinguished From Resi dence The domicile or habitancy of a person is that fixed place of abode to which he intends to return habitually when absent. Miller vs. Miller, 136 Pac. 15 (Or.) Mary Pickforrt's "Brother" Jailed. LANSING. Mich., March 18. Gover nor Ferris has, issued requisition papers lot Paul Morton, alias Paul Norton i n n nf '.7. -J5?v " . --,r& 0 TVf. Pickford. who is under arrest in Ala bama. He is wanted at Paw Paw on a, charge of passing worthless checks. Morton, at times, said he was a brother of Mary Pickford, the movie actress, and while in Paw Paw, it is said, played that role. According to moving-picture magazines, he is wanted in sev eral -places for schemes regarding moving-picture theaters, which turned out to be fraudulent. Celilo. Fan Fran-is-o for Astoria, 10 miles fomh of Blunts Reef. TODAY'S AID TO BEAUTY An especially fine shampoo for this weather can be easily made at trifling expense by simply dissolving a tea spoonful of canthrox in a cup of hot water. Pour slowly on scalp and mas sage briskly. This creates a soothing, cooling lather that dissolves and re moves all dandruff, excess oil and dirt. Rinsing leaves the scalp spotlessly clean, soft and pliant, while the hair takes on a glossy richness of natural color, also a fluffiness which makes it seem very much heavier than it Is. After a canthrox shampoo arranging Uiu hair 1 a pleasure, Adv. ( it - r t