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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Sept. 2, 1917)
ARRIVAL OF AMERICANS SPURS FRENCH Long Suppressed Feelings Are Loosed and Greatest of Ovations Given When Troops From New Ally Arrive on ? -r-v r:A "i-feyr TvV" vV sr' Urn (V Ml-., f. S v AMERICAIT troops In France have met ovations everywhere. Paris ians and French of the provinces alike have done their utmost to make the Sammies understand the depth of feeling of appreciation their entry into the great war has stirred In the hearts of the French. Crowds in Paris, upon the arrival of General Pershins and his troops, broke the ranks established by the police and simply overran the visiting: regi ments. They shook and kissed their hands. Everywhere was unbounded enthusiasm, and tributes to American IValor were expressed on every hand. No less sincere and spontaneous was the welcome to the Americans from the people of the French villages. Those outside of Paris were perhaps even more demonstrative than the people of the capital. Zoiik Suppressed Feelings Loosed. As for Paris itself, the coming: of the American contingent has afforded an opportunity for an outlet to the pent tip feelings of the war-saddened popu lation. Throughout the whole war, it Is declared, the French have remained Quietly at- home, watching, waiting, praying for victory. At no time has there been a crowd In the streets of Paris or great processions or gather ings. There have been no entries of Gen erals on horseback, with a marching LEGAL SIDELIGHTS FOR LAWYERS AND LAYMEN By Reynelle G. E. Cornish, of Portland Bar. GOLDEN SILENCE Notwithstand-1 lng the wise saw. silence is not I . i, . i..- rp v v, o.o. always a virtue. Take the case of Deyo vs. Hudson, 161 N. Y. S. 494. for example, wnere a "discreet silence" nd a polite "minding of their own af fairs" cost a firm of brokers a goodly euia of the gold that silence in this case emphatically was not. It appeared from the evidence in the case that the plaintiffs had a law partner whom we will call X. X spec ulated in the stock market, employing the defendants in this case as brokers. He was unfortunate enough to lose not only all of his own property but also some trust funds of the law firm of which he was a member. The firm dis covered the losses but because of the urgings of friends and X's promise to refrain from further speculations, they decided to retain him as a member of the firm. One of the partners thereupon saw " - "v. , t,-"7 1. - " Iri Si V At; icon column behind them, with flags flying and bands playing, as if on parade. There has been no occasion for a cele bration, and the Paris crowds have been nowhere apparent. Those who stay at 'home, behind the fighting line. have remained indoors. But with the arrival of the Ameri can contingent on French soil, all this has changed. The crowds were out again, cheering themselves hoarse, and there was all the old-time fire in the French crowds to assure the visitors of their welcome. Visit Spar F"reeh On. In times past the Paris crowds have toppled over thrones and built barri cades, like mushrooms, in Paris streets over night, while strife and war have been born on the bouleevards of this same mercurial Paris, all because of the gathering of the Paris crowds. But their latest demonstrations are anything but hostile, and they bespoke only the closer relations between the two republics on the east and west shores of the Atlantic. The coming of Pershing and his men to France has heartened every single man in the French army and has in creased their efficiency tremendously. The French will go at their work to demolish the Prussian fighting machine with renewed courage. For those who stay at home, too, for the people of Paris, there is tremendous courage to be had from the coming of the Amer icans. In this new army the hope of Paris for a speedy end of the war is born anew. the manager of the broker's branch, end without saying anything to him about X's embezzlement of trust f unos. asiceo. mm to let me iirm Know in case X speculated any more. This the brokerage firm promised to do. Later X. started to speculate again but the brokerage firm refrained from notifying the other partners of that fact. He appropriated and lost more trust funds belonging to the firm. The partners of the firm were, of course, obliged to make good the loss of the funds entrusted to them, and they promptly sued the brokers for the dam ages suffered on the ground of fraud and deceit. The court held that "the silence of the brokers as to X.'s further specula tions amounted to a legal misrepresen tation that he had not recommenced speculation, and that where, relying upon these false representations, the partners retained X. in the firm where he had access to large trust funds, such representations and reliance there on were the proximate cause of sub sequent loss to the firm through the THE SUNDAY OKEGONIAX, PORTLAND, SEPTEMBER 3, 1917. ;.f t.:.fc-- V : A - j iff bo, J9 J Gu-i Sarnm ry 1 -& . .Vj1 partner's embeszlement," and this In spite of the fact that partners had refrained (rem mentioning to the brok ers the important fact that X. had al ready embesxled once from the part nership of which he was a member. A scrap of paper. Not all promises are enforceable contracts in the eyes of the law. If I promise to treat you to a dinner, and then change my mind, it will be useless for you to sue me in an attempt to collect. So I may promise to leave you my entire fortune when I die. and basety leave It to my other nephew ineteaa, ana it would seem that you have no redress. The law requires that in order to constitute a valid, enforceable contract there must be something of value given by the person to whom the promise is given. The contract, in other words, cannot be exclusively "one-sided." There must be some obligation assumed or some act of value performed by each party to the contract. If this element of mu tuality of obligation is lacking, all the elaborate phraseology with which it is drawn up and red tape with which it is entered into will not make it any more than a "scrap of paper." Sometimes, ? ( n I s4m m c3 Column ori French Soil 7 5 t 1 7 ' T - .V C even large business houses overlook this important rule, and then the con tract is very likely to be threshed out in the courts, as in the recent case of the T. "W. Jenkins Company Anaheim Sugar Company. 23S Federal Rep. 278. In this case the plaintiff, a whole sale grocery company, entered into a contract with a manufacturer to buy at a fixed price all the sugar "needed" for a particular month. After the contract had been made, sugar soared in price and the manufacturer refused to deliver the amount required by the contract. The plaintiff sued and the court refused to grant him relief on the ground that the contract was in valid because it lacked "mutuality." The Joker lay in the provision that the defendant was to sell all the sugar the planitiff "needed." The plaintiff under such a clause, clearly, could buy as little or as much as he pleased and, indeed, could not be compelled to purchase any at all. so long as he did not buy from anyone else. This would give the grocery company all the ad vantage of the contract, since it could buy little or none at all if the market was lower than the price fixed ..-."'. 'J.'M-i .... , . J ret f Si w Fz t&necf by the contract and could stock up with a large amount if the market price went up. The court held, there fore, that the contract lacked the neces sary mutuality of obligation. . was clearly one-sided and would not be en forced. TRUSTY WALKS FROM JAIL Bookkeeper in Jail Gets Hands on Keys, Uses Them and Vanishes. LOS ANGELES, Aug. 26 Jail bars and bookkeeping did not agree with W. A. Holt, until the other morning a member of City Jailor Shand's complex community, so he cose with the first rays of the trtorntng sun and left for parts unknown. Holt, according to Mr. Shand's re port, was given the task of keeping books at the City Jail as part of his "bit" during his 190-day stay there. He was arrested May 28 by Detective Carroll, booked on suspicion of bunco- TO NEW Way to Battle Lines. 5? Mini ti 0 - Jtt. lVai e- darned steering, and later given 190 days as a vagrant. ' In his duties Holt visited the Jailer's office and there his eyes fell gleefully upon a collection of keys of various sizes and shapes. Two of them, it ap pears, fit the fire escape doors on the "felony" floor, and these two it was that Holt took while no one was look ing. Then, while a new jail guard, who knew Holt was a trusty, but did not know the duties the man had to perform or places he was allowed to visit, looked on, the prisoner walked upstairs, unlocked the doors and walked away. GIRL ATTEMPTS SUICIDE Los Angeles Miss, Despondent, Found on Venice Beach. Is VENICE, CaL. Aug. 2a. Twice at tempting to wallu into the ocean, ac cording, to Detective Frank Watson, with suicidal intent. Miss Mary Keet lng, who said she lived at 632 South Olive street. Los Angeles, was brouht to the Venice Emergency Hospital early the other morning. The young woman was hysterical and was nearly unconscious when she was found on the beach, where she had fallen when her nerve failed, and she could not carry out her avowed intention of end ing her life. Lips, slightly burned with carbolic acid, bore out her story that she had previously attempted suicide. This she had done three times, she said to Municipal Nurse Shive. To the nurse EFFORT JT. " ' she also intimated that she had been disappointed in a love which was not reciprocated. Leaving a note to her friends, say ing that she would end her life. Miss Keeting said she had not expected to see them again. Apparently she had tried to revive herself on the beach, as she held in her hand a bottle of aromatic spirits of ammonia. SODA COSTS WOMAN DEARLY Railway Station Scene of Bag-Dls-apjtearance While Drink Is Enjoyed. LOS ANGELES, Aug. 26. Her crav ing for soda water cost Miss A. L. Harrison, of 5401 Santa Monica boule vard, her wardrobe the other after noon. Intending- to catch a car, she dropped in at the Pacific Electric waiting-room on Hill street. The soda fountain, ads caught her eye and "raspberry" appealed to her strongly. She had a reasonable amount of faith in humanity, at least more than she has now, so she re leased her hold on her traveling bag for c minute, while she drank. But in that moment the deed was done. Someone nipped the bag and a new sweater that was strapped to one side of it. If the thief Is a man he is now thoroughly equipped to - tackle Julian. Eltinge roles. Rejected cartridge shells have been bought up by a jewelry firm, and made into flower vases