TIIE SUNDAY OREGOXIAX, PORTLAND, AUGUST
13.
1916.
CIVILIZATION' FOR FOES
OF PREPAREDNESS, TOO
Washington Adjutant-General's Assistant Finds Beauties of Peace Ably
Portrayed in Movie Masterpiece Which Is to Be Shown at H-rlig.
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-CIVILIZATION." the wonderful
far picture in 11 reels, which
will be shown at the Hellig
Theater for a limited engagement be
ginning next Saturday, will prove of
interest both to opponents and pro
ponents of preparedness.
At a recent private showing in Seat
tle. Adjutant-General Maurice Thomp
son. Washington National Guard, was
one of the invited guests, as was his
assistant. Major Lemuel L. Bolles. Both
were interested spectators, and on the
following day Major Bolles. one of the
foremost preparedness disciples, in
Washington, wrote the following let
ter to the Seattle producers:
'I desire to express my appreciation
f your production of 'Civilization,'
which I witnessed as your guest last
night. It la a production to which the
word 'stupendous' applies in every re
spect. . It certainly lays great stress
upon and vividly portrays the horrors
.of war and the beauties of peace.
"It is to be .hoped that this produc
tion may help in the realization of the
desires of all serious-minded and patri
otic Americans that the day may come
when war among men will be no more.
The great truth which stands out from
this film is that when the world ac
NATIONAL EXECUTIVE OF
W. C. T. U. COMING HERE
State Officers Are Arranging Plans for Entertaining Ella A. Boole, Who
Is Noted as an Eloquent Temperance Advocate Mass Meeting Planned.
THE new officers elected recently by
the Women's Auxiliary of the Rail
way Mail Association are: President,
Mrs. Essie Seachrest-Kitching; vice
president, Mrs. R. J. Woodward; sec
retary. Mrs. A. J. Stimpson; correspond
ing secretai y, Mrs. Henrietta Van
Groos: treasurer, Mrs. J. F. Hallock.
The president has appointed the fol
lowing committees: Programme. Mes
dames A. L. -Plotts, B. W. Gothard.
Thompson and Ray Antrim: public
health, Mesdames 11. C. Pettit, Charles
Litchfield, and H. V. Smith: home
economics, Mesdames H. E. Leedy, H.
A. Zehrung and A. D. Stearns: mem
bership. Mesdames B. F. Cannon, G. W.
Robinson. L. V. King and Walter
Govro; press, Mesdames C. A. Bump,
Hunt and Alice Butterworth: music,
Me.dames C. H. Miller, C. W-. LWie
baugh. W. P. Perry. Perslnger, L. M.
Lelnnd. F. B. Emmons. Hughes and
f-pltzenburg: courtesy and flowers,
Mesdames Carl Abraham, A. S. Rand
and J. H. Zehrung; club extension, Mrs.
II. H. Haygarth.
The annual picnic at Laurelhurst
Park July 26 was well attended, de-
Prom the Sunday Oregonian, August 16.
Mr. and Mrs. Charles Malarkey en
tertained a number of their young
friends one evening last week at their
rlegant home on Twenty-second street.
The affair was given in honor of Mr.
Farrelly. of Peoria, 111. The spacious
parlors and hall were tastefully decor
ated with great bowls of delicate ferns
and nasturtiums. The drawing-room
was used as a dancing hall, an'" nil
evening gay couples could be seen
dancing the light fantastic or strolling
along on the verandas. Delicious
cherry punch was served during the
evening, and at 11 o'clock the guests
were led to the dining-roomj where a
delightful lunch was spread." Mr. and
Mrs. Malarkey's guests were:
Mr. and Mrs. Will Llndhart, Mrs.
Lorinne Johnson. Mrs. J. Epping. Miss
klaud Taylor. Alta Mason. Marie Ep
Tlng, May O'Connor. Mae Norton, Ina
llette, Emma Johnston. Mamie Smith,
Irene Malarkey, Messrs. L. D. Deane.
Clvde Creighton, Henry Schaub. Dr.
N. E. Smith. P. J. Colman, Dan J. Ma
larkey. Emmet Bellinger. Will Hol
man, James Malarkey. Matthew Far
re 11 y, of Peoria. 111.
Surprise Party.
The home of. Mrs. D. S. Rowland, at
Fulton Park, was the scene of much
merriment on Tuesday afternoon last
when a number of the sisters of Acme
Rebekah degree lodge. No. S2. I. O. O.
F. gave her a genuine surprise. Among
those present were Mrs. D. E. Cran
dall. Mrs. Ed Coles. Mrs. G. R. Dedman.
Mrs. Tomlinson. Mrs. W. T. Gardner,
Mrs. Morris. Mrs. Ham. Mrs. Williams,
Mrs. Farringdom, Mrs. Bossing. Miss
Clara Ham, Miss Mamie Dedman, Miss
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cepts the teachings of Christ In earnest
will be the day when war will be.no
more. That this time is yet far in the
future seems to be a matter of little
doubt.
"It Is hoped that the effects of this
picture will not be to lead the minds
of the people away from the fact that
the dawn of this era is not yet at
hand, and for the present we are living
in a world where the survival of the
fittest still rules, and where the svord
remains the final arbitrament of dis
putes for which man has as yet found
no solution.
"If the effect on our people is not
only to Intensify their abhorrence of
war and their desire to maintain peace,
but also to induce them to avoid prep
aration for the prevention of war, then,
the effect of the film. I fear, will be
very disastrous.
"It is such a powerful conception
and executed in such a masterful man
ner that to the average person it is
very apt to convey an entirely erro
neous impression from that which its
creator nust have intended."
From, this it -will be seen that the
grudging admiration - of a proponent
of preparedness has been earned by a
picture, the mission of which is to stop
the present war by evoking a better
sentiment throughout the world.
spits the rain. Races and games were
features of the afternoon.
Boys' 60-yard race First, Kenneth
Litchfield: second. Jack Miller; third.
Clifford Zehrung.
Girls' 60-vyard race First, Leona
Rhodes; seotond, Frances Gothard and
Marian Rhodes, tied: third. Lucile
Pettit.
The women's race was won by Mrs.
Harry Zehruns and the men's race was
won by Lewis E. Spitzenburg.
Multnomah County Women's Chris
tian Temperance Union executive board
will meet Monday, August 14, at
o'clock in room G of the Central LI
brary.
Polk County Woman's Christian
Temperance Union held an unusually
interesting and successful convention
at Perrydale. Professor Metzger, of
LeMars, la.; Rev. Mr. McConnell, of
Dallas, and Rev. Mr. Stewart, of lnde-
nendence. were the principal speakers.
The following officers were elected:
President, Mrs. Blanche Paul, Falls
City-, vice-president,-Mrs. Hemple, Dal-
las; secretary, Mrs. Flora M. Lee, Per-
rydale: treasurer. Mrs. Morgan. Inde-
Mollis Burt, Miss Maggie Crandall and
Miss Lillian Gardner.
Out o Town Jacksonville.
Miss Valene Kubli entertained her
young friends Bf. a pleasant social par
ty at her home in Jacksonville Tues
day evening. Parlor games, music,
dancing and a charming lunch served
at midnight was the programme of the
happy evening's entertainment. The
guests present were: Misses Mattie and
Maud Prim. Ella and Maggie Krause.
Gertrude Watson, Mary Piymale, Emma
Ulrich and Agnes Love. and. Messrs.
Frank Piymale. Harry Miller, George
Merritt, Clarence Reames, Lewis ul
rich and Ben Taylor.
Matrimonial Bnrness-Macelll.
A very .pretty . home wedding oc
curred last Tuesday evening at the res
idence of Mr. and Mrs. Finley Mac
Neill. parts of the bride. The contract
ing parties were Miss Anna MacXeill
and David G. Burness. the Rev. Will
lam R. Powell officiating. James Bur
ness acted as groomsman and Miss Mat
tie MacNeill as bridesmaid. The bride
was elagontly attired in shrimp pink
silk, en traine, the front panel in the
skirt being decorated with marguerites
handpainted in water colors, the bodice
of silk trimmed witlj cream Spanish
lace; ornaments, diamond earring and
pins, the gift of the bridegroom. She
carried an exquisite bouquet, the gift
of the Misses Yocum. The bridesmaid
wore a costume of blue barege trimmed
with cream lace.
The parlors were beautifully deco
rated with ivy, wax berries and cut
flowers. The bridal gifts were nu
merous and elegant, among them bo
pendence. Mrs. J. P. Caldwell, of Per
rydale. was chosen delegate to attend '
the state Woman's Christian Temper
ance Union convention to be held at
Pendleton. October 17 to 20.
'
Newberg, Or., has started th threi
C's carrtpaign Citizens' Campaign Con
ference. The meetinss are held in the
City Prk and are addressed by busi
ness men and prominent cltisens. At
present they are devoting; their ener
gies to educating; the people to "the
dangers that Iurlc in the beer amend
ment." The Woman's Christian Tem
perance Union Is co-operating; and help
ing to furnish attractive numbers for
the programme.
A successful lawn party was held
last Saturday at the home of Mrs.
Anna Archibald, at Tangent, Or. The
proceeds were donated to the Woman's
Christian Temperance Union fund to
fight the "beer amendment."
Ella A. Booie. Ph. TX. National vice
president of the Women's Christian
Tem?e.-ance Union, wll spend Septem
ber 1 and 2 in Portland and the etate
officers nave their committees at work
on plans for receiving and entertaining
hi-r. Mrs. Booie la an eloquent speaker
an sho w.ll be nvlted to sneak at a
fpublic mass meeting that will be held
au.-iug nc Slav.
mm
Capitol Hill Parent-Teacher Associa
tion has continued its meetings all the
yetr aid during the Summer has had
me delightful gatherings. One of the
very 1 est of those was a community
gathering held n the open last Thurs
day night. The residents assembled
rou'.d the bonfire and sang the old
fashioned Bonrs and' ballads, enjoyed
the refreshments and had a jolly good
time. Some of 'he school children ave
special numbers, and one of the boys
played . the bugrLe call. Mrs. Charles
Kirk ii president of the association.
The members are all Interested in civio
and educational affairs.
Vernon association will hold a busi
ness meeting with Mrs E H. Work.
M02 East Eighteenth street North, on
Monday at 2 o'clock. Vernon's .Picnic
and band concert in the new play
ground on Thursday was a bitr suc
cess. A largo attendance marked :ha
occasion.
T.:e Attitude of the School Board
Toward Labor" will be the subject dis
cussed tomorrow evening at S o'clock
in Library Hall. Central Library. Wil
liam 6. ITRen and Eocene E. Smith.
the Centra! Labor Council, will be
the speakers. Isaac Swett will act as
chairman. The meeting will be held
under the auspices of the Woman's
Civic Welfare Club, and is open to
both men and women.
Christmas Gifts Are Begun
at Social Hours.
Town and Country Clnb Pre
pares Keedlevrorlc at Weekly
Entertainments for Which the
Members Are Hostesses.
MRS. HAROLD LANGE and daugh
ter. Ruth and Eva. of East Burn-
side street, entertained the members
of the Town and Country Christmas
Club at an elaborate luncheon on
Thursday. The club, which has re
cently been organized among members
of the younger set and Is composed of
an equal number from city and coun
try, will meet weekly for Christmas
needle work and a social hour.
Mrs Frank W. Swanton and Mrs. H.
Lange are the chaperons of the club.
The next meeting will be with Dorothy
H.easey at ".ta Kecreo, ' on the river, at
niveraaie.
The Women's Co-operative League
held a meeting at the home of Mrs.
John Shull last Tuesday afternoon. Mrs.
G. J. Frankel, president, wts in the
chair. Mrs. Frankel made an interest
ins report on the camp. Another mat
ter of moment before the league was
the Klrmess, It being decided to pro
duce "The Spirit of the Butterfly" In
the early Fall. The league decided to
produce the spectacle and. if consld
ered worthy, to film it and help th
movement for better films for children.
The children who take part will be
volunteers" and will receive their In
structlon free in return for their help
in the production.
Mothers are invited to attend the
meetings of the league and become fa'
miliar with the work and are also
asked to attend the mass meetings at
the Library to see what the children
are invited to take part i: .
Mrs. J. F. Kellny. president of the
thattuck Parent-Teacher Association
was the speaker at the large meeting
held t-n Friday in the Terwliliger Play
ground. She spoke earnestly in behalf
of a better citizmshlp to be obtained
through better conditions for the chil
dren.
The Missionary Societies of the
Christian churches of Portland, Van
couver and Gladstone will hold their
regular all-day quarterly meeting Frl
day. August 18, at First Christian
Church, Park and Columbia streets. The
special speaker for he day is J. C.
Clark, missionary under Y. M. C. A.
auspices, to China for five years. Mr.
Clark will speak at 2 P. M.
The Woman's New Thought Club
will visit Oregon City Wednesday, Au
srust 16. The boat Kitty Moran leaves
I AWer street dock at 9 A. M. Take
basket picnic. All members and friends
are urged to-take advantage of the op-
portunity to enjoy a most delightful
outing along the shores of the pic
turesque Willamette River.
73NP0BTLAND
ng a handsome easy chair presented
by the bridegroom's friends in the
bank of Ladd & Tllton.
Personal Mention.
Mis.
coast.
Etta Bailey has gone to the
Ben Lombard left
on Tuesday evening.
for Long Beach
Ex-Senator and Mrs. H. W. Corbett
are spending the Summer near Sea
view. Mrs. George W. Hoyt and Miss Fan
nie Hoyt leave for the Eastern states
in about two weeks.
Mrs. Raleigh Stott and Miss Mary
Stout came up from Long Beach last
bunday to spend a lew days in town.
General Gibbon, Miss Gibbon. Mr.
and Mrs. R. Koehler. C. Caesar. Miss
Failing. Miss Emelfe Falling. Miss May
bailing, Henry Failing and 1. M.
Clarke, Jr., are expectej from Alaska
on the steamer Queen, arriving tomor
row.
Mr. and Mrs. W. S. Ladd. Mrs. W. M.
Ladd. Mrs. H. J. Corbett. Mr. and Mr
Fred Pratt and Wesley Ladd left for
Seaview on Tuesday,
E. P. Crowne gave a theater party at
uororay s 1 neater on Monday nla-h
last. Boxes 10 and 11 were comniete
ly filled. . The performance, "bhamus
O Bnen." was received with enthus
lastic spirit.
The family of Captain Van Auken,
of the atark-street ferry. Is spending
the summer at Long Beach
Miss Myrlck, Miss Winifred Myrlck,
Miss DeHart, Miss Burnside and L R.
Dawson left on Tuesday evening for
a 10 days tour of the Sound country
At Tacuma they will be joined by Mrs.
S. M. Mears and Miss Nellie Williams
S'
IX different organists of this city.
lucien n, Beckecr Frederick w.
Goodrich, Miss Gladys B. Morgan.
Frederick C. Feringer, Mrs. Leonora
Fisher Whipp and William R. Boon,
representing Oregon Chapter. Ameri
can Guild of Organists, opened the new
$4500 pipe organ by an interesting and
enjoyable recital last Thursday night
at the home of Dr. John J. and Mrs.
Sellwood. northeast corner of East
Thirteenth and Harney streets. Dr.
Sellwood belongs to the pioneer family
of that name who owned the donation
claim of Sellwood. and Is prominent
in affairs of the Episcopal Church.
lot organ music played on this oc
casion was selected from the works of
Bach, Beethoven, Quilmant. Rogers,
Brewer. Harker. Stebblns. Rene Becker.
St. Clair. Jadasson. Wagner and Bernard
Johnson, and the different selections
were not only splendidly played but
were all chosen to show off the capa
bilities of the pipe organ. The affair
was a brilliant success and largely
LEADER IV 1.INCOLX HIGH
ALt'H.M ACTIVITIES.
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Mln Maxlne .Miller.
Miss Maxine Miller, chairman,
of the social committee of the
Lincoln High Alumni Associa
tion, haa been active in arrang
ing the social calendar of the
alumni the last few months.
Under her leadership the sooie
ty has conducted a number of
outing parties and entertain
ments. attended by an audience representative
of society and musical circles. Hart
ridge Whipp, baritone, sang excellently
two songs, "ir I Were King" Camp-bell-Tlpton.
and "Love and Death"
(Coleridge-Taylor). Mrs. WhlDD played
fine accompaniments. The pipe organ
is one of well balanced tone and of
first-class equipment. As an instru
ment it Is excellent in all its details
and is a credit to the city.
The specifications of this new plpt
organ are: Great organ, open diapason.
eight feet; viol d'Amour, eight feet;
wald flute, four feet; gemshorn. eight
feet. Choir organ, melodia, eight feet;
dulclana, eight feet; flute d'Amour, four
feet. Swell organ, viol d'orchestra, eight
feet: vox celeste, eight feet; gedackt,
eight feet; flauto traverse four feet:
oboe, eight feet: vox humana (separate
ly enclosed), eight feet. Pedal organ.
bourdon, 16 feet; bass flute, eight feet.
Couplers, swell to great, swell to great.
four feet; swell to great, 16 feet; swell
to swell, swell to swell, 16 feet; swell to
choir; choir to great, choir to great,
four feet: choir to great. 16 feet; choir
to choir, four feet; great to great, four
feet: swell to pedal, four feet: great to
pedal, swell to pedal, choir to pedal, great
unison separation, swell unison separa
tion, choir unison separation. Pedal
movements, balanced swell pedal, bal
anced choir pedal, balanced crescendo
and diminuendo pedal. Mechanical ac
cessories, four adjustable combination
pistons affecting great and pedals; five
adjustable combination pistons affect
ing swell and pedals; three adjustable
combination pistons affecting choir and
pedals; swell tremulant, choir tremu
lant, great tremulant, crescendo Indi
cator, wind indicator. Action, tubular
pneumatic; total number pipes. 841.
m m m
At a recent Boston symphony "pop"
WELL-KNOWN PORTLAND COUPLE
ANNIVERSARY.
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Mr. and Mrs. A. W. Mills, of this
their wedding on Wednesday night, w
in their honor by George Wright Post, o. A. m.. ana George Wright Keller
Corps, No. 2, in the headquarters in th e Courthouse. A duplicate wedding
ceremony was enacted with the Rer. C. O. McCulloch presiding and with Ralph
and Lydia Mills attending' the coupfe. , Mrs. lnes Smith presided during
the evening. Among the attractive numbers on the programme were read
ings, Mrs. Cora Ponnay; solo. Roy Marlon Wheeler; sons;. Mildred Smith; read
ing, Mrs. Fullman; an address, J. E. Smith, department commander. Those
who assisted in the wedding were: Catherine Fowler, rlng-bearef; Oeraldtne
Tammasie. flower girl; Maude Beeman, Nellie Blodgett, Mary Loncey. Mary
Dayton, color-bearers. Mr. and Mrs. Mi lis were married in Ohio August 10.
1866. They have four children L. Virgil, of Mentor, O ; Arnes M. Masttck.
Detroit. Mich.; Rollin H. Mills. Cleveland. O.. Ralph W. Mills. Portland. A son.
Herbert Mills, died in 18. The Mills have IS grandchildren and two
great-grandchildren.
concert one of the admired selections
was a rendition of Bainbrldge Crist's
"Egyptian Impressions." Miss Belle
Gottschalk. soprano, of the- Boston
Opera Company, said in an interview
that several compositions like Rogers'
"The Star" and Bainbrldge Crist a com
positions, "have universal appeal."
Mr. Crist has relatives in this city.
Leo. Jan and Mlschel Chcrnlavsky,
violinist, pianist and cellist, and con
cert stars of the first rank, are en
gaged for a. concert in " this city Oc
tober 1. The London Dally Telegraph
said recently: "The prodigy comes into
our musical life only too often, and
in the majority of cases quickly passes
out of it. In the case of the brothers
Chernlavskys, who reappeared in
Bechstem Hall before a iarge audience,
they seem undoubtedly destined to stay.
There Is no sign whatever in their
splendidly vigorous ensemble, their ex
emplary enthusiasm and their ever
growing skill to induce till thought
that they are not likely to rise from
high things to even vastly higher.
There is no denying the sheer ability
of the brothers, they showed it In
various solos by Gotlermann. Ernest,
Avonsky, Tschaikowsky and Chopin
yesterday; it is genuine and great."
Glulio Mlnettl has been appointed
orchestral manager for the San Fran
cisco Symphony Orchestra.
The ninth popular symphony concert
of the Summer series of the People's
Philharmonic Orchestra, will take place
at the Cort Theater. San Francisco, next
Sunday afternoon under the direction
of Nikolai Sokoloff and -will be ren
dered notable by .the presence on tne
programme of Ernest Chausson's only
symphony. It is in B flat major and
is said to be representative of the com
poser at his best. Though this is Chaus
son's only symphony, it is by no means
his only work in the larger forms.
Among others of his big scores are
"Le Rol Arthur," "Helene," "La Tern
pete," "Legende de St. Ceclle." "Soli
tude dans les Boia." "Viviane," "Solr
de Fete" and "Poeme," besides much
music for solo voice and piano, chor
uses and chamber music
The ninth symphony programme
will b the means of Introducing Vlad
imir Shavltch as a pianist of big qual
ity. He will play Tschslkowsky's piano
Concerto, No. 1, In B flat minor, with
its full orchestral garb. Mr. Shavltch is
the husband of the youthful pianist,
Tina Lerner.
A recent issue of the Musical Leader,
of Chicago and New York, has this list
of noted American women composers of
music: Marlon Bauer, Floy L. Bartlett,
Florence Newell Barbour, Mrs. H. H. A.
Beach, Helena Blntham. Carrie Jacobs
Bond, Gena Branscombe. Eva Lourie
Bradley, Mary Helen Brown, Leila
UrOwnell. Grace Chadbourne, Pearl G.
Curran. Mabel Danle.ls, Lulu Jones
Downing, Lucia Forest Eastman. El
eanor Everest Freer. Fay Foster. Jes
sie L. Gaynor. Dolce Grossmayer,
Florence Parr Gere, Helen Hopeklrk.
Fanny Snow Knowlton. Edith Haines
Kuester, Margaret Ruthven Lang, E.
Marschal-Lopke, Florence Turner Ma
ley, Katherine Pannll Mead, Edith Ro
wena Noyes, Edna. Rosalind Park,
Miyie Rich. Caro Roma, Gertrude Ross,
Harriet Rusk. Mary Turner Salter,
Hattie Louise Sims, Patty Stair, Ger
trude Sans Soucl. Ella May Smith,
Lily Strickland, Anlce Terhune. Kate
Vannah, Marie von Hammer, Harriet
Ware, Caroline Holme Walker, Mary
Knight Wood. Madeline S. Worden.
Lola Carrier ' Worrell.
.
Mrs. J. Harvey Johnson has, for ths
eighth consecutive year, been re-engaged
as organist and choir director of
St. James' English-Lutheran Church,
Park and Jefferson streets, and Dr.
Harry W. Moore has been engaged as
teqor soloist there.
e
Phonograph music at some New York
funerals is no longer a rarity, or an
Innovation. This paragraph is from
the New York Times newspaper: "An
experiment was made with phonograph
music at two funerals recently held in
the chapel in Cavalry Cemetery, at
which Father Lonergan. chaplain of the
cemetery, officiated. Father Lonergan
suid that the phonograph music was
satisfactory, and that before the in
strument was used again the subject
of music of that kind would be sub
mitted to the authorities of the Catho
lic Church. Thousands of burials are
made yearly in Calvary Cemetery, and
in many .instances the families are too
poor to pay tor music. It was this that
recently led two women to present to
Father Lonergan one of the latest pat
tern phonographs, with appropriate
records, in memory of their dead sis
ter. Father Lonersran declined to dis
CELEBRATE GOLDEN WEDDING
Grove Photo.
city, celebrated the 50th anniversary of
hen an' elaborate festivity was planned
Linked with names of
hundreds of artists
of world-wide
reputation
v General Western
Player Pianos, Music RolIs--V ictrola and Records.
MORRISON STREET AT BROADWAY. .
OTHER STORES San Francisco. Oakland, Sacramento. San Jose,
Los Angeles, San Diego and Ptfter Coast Cities.
close the names of the donors, but said
they were Interested in having suitable
music rendered at tfce funerals of the
poor. The phonograph was set up In
the chapel In Calvary Cemetery, which
Is a reproduction of a famous chapel
in Rome."
Miss Lena Belle Tartar, contralto, of
Corvallls. Or., returned lately from a
year's study with the eminent voice
builder, and also the musical critic of
the Chicago Evening Post, newspaper,
Karleton Hackett, and will be heard In
concert in the First Presbyterian
Church, Corvallls. Thursday night. Miss
Tartar will be assisted by John Mason.
reader, of McMinnvllle, and Genevieve
Baum-Gaskins. accompanist, of the
Oregon Agricultural College School of
Music, in this programme:
Part 1 (a "In the Garden." and (b).
The Lotus Flower" (Schumann): aria
1. "Ah Rendlmi," from "Mitrainl"
LEGAL SIDELIGHTS FOR
LAWYERS AND LAYMEN
BY REYSELLB G. E. COIMISB, OF PORTLAND BAR.
BY REYNELLE G. E. CORNISH,
of the Portland Bar.
WHO S guilty? Those who are In
terested In the pro and con of
the prohibition question will
read the case of Phair V. Drumond.
15 N. W. 636. with close atten
tion. The state of Nebraska has
x statute which reads as follows:
The person so licensed" (referring to
liquor dealers) "shall pay all damages
that the community or Individuals may
sustain in consequence of such traffic;
he shall support all paupers, widows
and orphans and the expenses of . . .
civil and criminal prosecution growing
out of, or Justly attributed to, his traf
fic In intoxicating drinks."
It appeared that the defendant, a li
quor dealer, had sold whisky to the
father of the plaintiffs. While' in an
intoxicated condition from the liquor
thus furnished. Phair had assaulted his
wife, Infllcing serious injuries, which
caused her death in a couple of years.
The plaintiffs, who were the children
of the deceased woman and the drunk
ard Phair, sued the saloon keeper for
the loss of support which they had
suffered by means of their mother's
death.
The saloon keeper defended against
one of the plaintiffs by show-lng that
she had not been born until a year
after the assault and therefore wsa not
In being at the time the cause of ac
tion arose. The court, however, held
that the statute was broad enough to
include any surviving children who had
been deprived of their mother's sup
port, regardless of whether they had
been born at the time of the assault or
not.
The liquor dealer then ttefended by
showing that Phair had taken a few
drinks at tne bar and then had stolen
the rest of the bottle of liquor and
had run off with it, so that the intoxi
cation complained of resulted from the
stolen whisky and not from the pur
chased drinks. The court refused to
sustain the defendant's contention, say
ing: "It the whisky sold by Drumond
contributed to the intoxication of
Phair, it is not material how be ob
tained the liquor that completed the
intoxication . . . this court has
consistently held from the first that
each licensed vendor who contributes
to the intoxication is liable. Granted
that the stolen whisky completed the
intoxication, it Is clear that the liquor
drunk In tne saloon contributed to pro
duce It."
The liquor dealer was accordingly
held liable to the children of the de
ceased woman for the damage they had
suffered in the loss of their mother.
A dry town. Some cities are voted
dry others have dryness thrust upon
them.! The city of Pasoo. Wash., was
evidently in the latter class, as set
forth in the case of State et al. vs.
Pasco Reclamation Company, et al.. 1S6
Pac S3.
It seems that the city of Pasco had
entered Into an agreement to purchase
its water supply from the Pasco Rec
lamation Company, payment to be made
by sv lump sum of SIS, 000. with an ad
ditional $900 annually for a term of
years. Payment was made the first
year without difficulty, but the second
year the city was dilatory or unfor
tunate Jn collecting Its water assessments-
and the warrants which the city
Issued to the Reclamation, Company
were returned unpaid for lack of funds.
The reclamation company' had In its
contract a clause providing that if the
city failed to perform any covenant or
agreement in its contract, the company
might, at its option, shut off the water
and this the company proceeded to
do. Those of you wio have neglected
to pay a water bill promptly and have
returned from a hot and thirsty day
downtown to find a pink slip under the
door and no liquid in the pipes will
sympathize with the citizens of Pasco.
Some of said Indignant citizens, who
were especially indignant because they
had paid their assessments to the de
faulting city, brought this suit against
Representatives.
2?
(Boss!); readings, (a). "Nathan's Flat"
(Cooke), (b), "Boots" (Kipling): "Me
lisande In the Wood" (Goetx); "Allah
Be With Us" (Flnden).
Part II Recitative and aria. "My
Heart Is Weary." from "Wadeschda"
(Thomas): readings, (a). "A Slight Mis
calculation" (Griffith); (b). "Uunga
Din" (Kipling); song. "Farewell at
Morn" (Pessard).
Miss Tartar's unusually fine voice
and excellent singing have been highly
commended by the Chicago critics. Mr.
Mason's attractive elocutionary presen
tations have made him many friends In
Orupon. and Mrs. Gaskins' charmlns ac
companiments and pipe organ playing
have endeared her to a wide circle of
admirers in Chicago and elsewhere in
the Middle West, and for the past eight
years in Oregon. This concert is un
der the management of William Fred
eric .Gaskins. director of the Oregon
Agricultural College School of MuMt.
the reclamation company to compel
them to turn on the water.
The court held that the 'city had a
right to expect the company to ac
cept warrants instead of cash, but Miat
the company had a right to expect that
such warrants would be promptly paid
when presented, and that It was unfair
to ask the company to wait indefinitely
until the city would have succeeded in
bringing Its collections up to date.
"We do not think that the rule of
construction could be extended to s.-h
an extent as to hold that 1900 means
warrants of that amount without suf
ficient money on hand or forthcoming
with reasonablo certainty to casn
them. The unpaid maintenance fees
may never be collected or even at
tempted to be collected by the city . .
and judging from the manner In
which the city has collected the assess- .
ments already levied, this time would
be very vague and indeflnte."
The indignant citizens still insisted
that the reclamation company had an
adequate remedy at law against the
city, as the assessment was a valid lien
against the property. Hut the court
said: "Granting that this Is true, by
the express terms of the contract an
additional remedy was provided upon
the breach of any covenant on the part
of the city, viz., the turning off of the
water, which remedy appellant resorted
to In this case. The express terms of a
contract cannot be avoided simply be
cause another remedy at law Is avail
able. ... If the cltv fails in It
duty. It would seem that the remedy of
the Injured property owners would be,
in the first instsnce at least, to pro
ceed against the city to compel it to
perform its duty In the premises. The
service company, having a like Interest,
might also proceed against the city, to
compel it to proceed to enforce pay
ment of the assessments, but it had a
choice of remedies, the latter, or the
remedy of ceasing to supply the water."
A RISE IN VALUE . . . "Keep a
thin? seven years." says the proverb,
"and you will find a use for it." The
plaintiff In the case of Water Supply
Company vs. City of New York. 143
N. Y. S. 141, found the proverb true.
He was a farmer who owned about 60
acres of farm land and about Is acres
of sandbank. The sandbank had prac
tically no value until the new Ashokan
reservoir for the supply of New York
City was located In the vicinity. The
site of the reservoir covered the farm
and It was condemned for flowage pur
poses. After the condemnation the city be
gan to make use of the sandbank for
the manufacture of cement In the con
struction of Its dam. The plaintiff
promptly demanded that his award in
clude the Increased value of the sand
that arose from the new use to which
It was being put. It appeared that the
demand arose solely from the city's ac
tivity In building the reservoir and that
after the demand of the city had been
supplied there would be no further de-.
mand (orand in that locality and that
the sandbank would then again become
of little value.
The court, however, agreed that the
plaintiff was entitled to the Increase in
value of his sand, saying: "While the
sandbank had no value prlox to the lo
cation of the reservoir, the fact that
large quantities of sand would be re
quired thereafter in constructing the
dam undoubtedly gave the sandbank
some value, and such value was proper
to be considered In fixing the value of
the property taken. It Is clear that it
a sandbank had been located Immedi
ately outside the reaervolr.the location
of the reservoir would have added ma
terially to the value of that bank If
there was not a surplus of sand in the
locality. A purchaser desiring such
property would necessarily have to pay
a value enhanced by the fact that there
was soon to be a market for sand In the
locality and that It was the only avail
able supp-ty. The same rule would ap
ply where the sand Is located upon the
property to be condemned."
A wea!lhr native of India has llwil
a fund of S.V00 a year fr 13 rmmrn to aid
la suppressing tuberculosis la BosWww.