THE SUNDAY OREGOXIAN. PORTLAND, JUNE 1, 1919.
SI
BUYERS COMPELLED
TO PROVIDE
E
Washington State Wheat
Growers Score Victory.
COURT REVERSES DECISION
Practice of Forcing Farmer to Hold
Product, While Price Rises for
Purchaser, to Stop.
OIiTMPIA, Wash, May 31. (Spe
cial.) In a decision filed today the
supreme court twice reversed itself.
One ruling: is of considerable import
ance to all wheat growers of the etate.
It is now held that a buyer of wheat
roust provide a place in which the
grain can be stored at the time it is
delivered to him and must be bo pro
vided with in the contract time of
delivery.
In th language of Judge Tolman,
whose original dissenting opinion is
now adopted by the entire supreme
court, the former ruling permitted the
buyer of grain and other agricultural
products to compel the seller to hold
the product indefinitely at his own ex
pense and risk, while the buyer awaited
an advance in the markei.price. Chief
Justice Chadwick joined in this dis
sent, which by today's rulling becomes
the law. Both dissenting judges come
from the wheat section of the state.
Point Twice Decided on Appeal.
The point is thus twice decided on
an appeal of the Farmers' Grain &
Supply company to recover. $1075 from
B". W. Lemley, in Whitman county, as
the difference between the contract
and market price of 2500 bushels of
wheat on Ootober 30, 1916, bargained
for early in the eeason at $1.02 a
bushel. Delivery in bulk was arranged
for at Ewan, but the warehouse at this
point was full for the entire contract
period and Lemley was unable to make
delivery.
After this period expired without the
company finding storage for the wheat,
the grower sold it to another buyer,
whereupon the company sued the
grower for the profit it would have
made on wheat contracted for at $1.02
that would have brought J1.45 in Octo
ber. On appeal Supreme Judges Mitchell,
Main and MacKintosh, none of whom
comes from the wheat country, re
versed the lower court and allowed the
Judgment. The grounds for the finding
were a showing that the purchasing
company had finally agreed to pay for
sacks and allow the grower to eack
and deliver the grain instead of in bulk.
Additional Expense Cause.
Judge Tolman objected because the
sacking entailed labor and expense
upon the grower not included in
the sale contract. He pointed out
that sacked grain commands a higher
market price than wheat In bulk, for
which the buying company made no
allowance. The company also insisted
on grading the wheat when finally
delivered according to contract, an act
manifestly unfair. Judge Tolman held,
since few farmers had facilities for
storing wheat in a manner to prevent
depreciation in value and in this case
the grower had at all times, been ready
to deliver on contract time when the
seller was ready to accept it. That
the contract obligation to deliver ended
when the company failed to accept de
livery on the specified time is now the
holding of the court sitting upon re
hearing of a decision rendered by five
Judges.
Baseball Decision Reversed,
One reversal of the supreme court by
itself is a rare occurrence, but the
Washington court today filed a second,
the latter of particular interest to base
ball fans. Edward A. Kavalian was
formerly sustained in a jury award of
$1000 damages against the Seattle base
ball club, when it was under Dugdaie's
management, because he was hit on the
knee by a foul ball. He was sitting
in an unscreened section- of the grand
stand at the time.
On reconsideration the supreme court
en banc, which in baseball language
means the full team of nine judges all
in the game, holds that, as a regular
baseball fan, K.avalian was acquainted
with the damaging possibilities of fouls
and wild throws when he took his 6eat
in the stand and that having elected to
sit in the unscreened section for the
sake of seeing the game better, he took
all the chances. The old management
of the Seattle club is $1000 better off
on a poor season, in consequence.
NC-4 ENDS OCEAN FLIGHT
(Continued Prom First Pag.)
from which the Mayflower sailed 300
years ago, welcome you after your tre
mendous and wonderful flight over the
waters separating us. I think I can
epeak with the voice of England in ex
pressing great admiration for your
achievement and in welcoming to these
shores our American cousins.
Crowd Cheers Aviators.
The NC-4 appeared suddenly out of
the haze at 2:19, summer time. After
circling over the harbor she dropped
gracefully toward the Cattewater,
angnting at near tne buoy pre
pared for her. The great crowd on
the harbor front cheered heartily and
craft tied down their whistles in noisy
welcome.
The seaplane when sighted was fly
ing high and leading an escort of three
flying boats. Her enormous size left
no doubt of her identity.
hile the thousands of spectators
yelled themselves hoarse, the flying
boats dropped Very Lights, and a fleet
of small boats rushed out to greet the
Americans.
Landing: Is Perfect.
The captain's gig from the minelayer
Aroostook proceeded to the XC-4 as the
latter taxied up to her buoy, where she
quickly made fast. It was a nerfec
landing. As the members of the crew
were being taken off by the boat from
the Aroostook for their reception on the
Rochester the British flying boats
swept into the Cattewater and drew
VP alongside the lsC-4.
The inner harbor was calm when the
C-4 came in and presented a fine set
ting for the brilliant picture as viewed
from tne densely crowded slopes o
Plymouth's celebrated playgrounds, Th
Hoe. The haze lying over the sound
obscured visibility and it was not unti
the NC-4 was over the harbor that he
presence became known. j
The American naval base received 70
telegrams today directed to the com
mander of the NC-4, Lieutenant-Commander
A. C. Read, and others of the
crew congratulating them on the finish
of the flight. The majority of the mes
sages were from the United States, one
being from Johephus Daniels, secre
tary of the navy.
Plane Encounters Fop,
Commander Read said shortly before
Teaching Brest his seaplane ran into
a thick fog. The NC-4 circled over the
shipping in Brest harbor and then
passed directly over the Ushant light
ship. The journey across the channel
was made at a very low altitude. The
seaplane never flew at a greater height
than 200 feet, and only at 50 to 100
feet most of the way, because of the
fog.
.Bad, weather, conditions prevailed
during the flight across the bay of
Biscay. Nevertheless the NC-4 kept to
her course perfectly and the trip from
Ferrol was made at an average speed
of about 70 miles an hour.
Before alighting in the sound the
NC-4 circled the Hoe and passed over
the spot from which the Mayflower
sailed to America.
After a brief reception aboard the
Rochester, Commander Read- and his
crew were taken to the Aroostook,
where they doffed their flying clother
before proceeding to Mayor J. P.
Brown's reception at the Mayflower
station. The parade leading to the
pier was lined with British bluejackets
from men-of-war and shore stations.
On the gaily-decorated pier a blue
jacket guard of honor was drawn up
under a canopy of allied flags.
Band Called Into Service.
The royal garrison artillery band
played American and British anthems.
Major Brown arrived in state accom
panied by three mace bearers. He
wore a cocked hat and crimson robe
lined with fur and the heavy gold
mayoralty chain. With him also were
the deputy mayor in gorgeous purple
robes and the bewigged town clerk.
British and American officers stood
with the mayor to receive the NC-4
crew. As their boat drew alongside
the pier the band played "The Star-
Spangled Banner" and "God Save the
King," and the crew advanced to re
ceive the mayor.
In hia address Mayor Brown-said:
"Plymoutn Is always a point of his
toric interest to Americans. The mem
orable sailing of the Pilgrim fathers
from this port was an event which has
proved to be a point in history of im
measurable interest. Mainly out of that
small beginning a mighty people have
sprung up and today in most dramatic
fashion their descendants nave crossed
back to us in a way never dreamed of
by our forefathers and equaling in
scientific development and daring the
greatest imagining of Jules v erne.
Tribute Paid to Courage.
"While science has made their flight
possible, the great note of the achieve
ment is that it was the old spirit of
daring, courage and enterprise which
brought success. The world is ringing
now, not only with your doings, but
with the great exploit of Hawker and
Grieve, whose skill and pluck are ac
claimed by all, and rank with your per
formances.
'I am satisfied that the events we
are celebrating today are but the pre
cursors of further greater developments
and that your achievement will go down
in history, not only as a great triumph
over the elements, but as tending to
strengthen the relationship between the
two countries.
Tour flight today brings our two
great countries together in the warm
est fellowship. Gentlemen, I salute
you and welcome you to England."
Mayor Brown then shook hands and
chatted with the crew, while the crowd
gave three cheers and a tiger. At the
mayor's suggestion, the crew of the
NC-4 stood with him on Mayflower
stone to be photographed.
The journey from the pier to the
hotel, where the Americans were enter
tained tonight by the Royal Air Force,
became a triumphal procession, the
crowds cheering the NC-4 and her
crew.
NC-4 May Fly Home, Too.
It has been learned here unofficially
that there is a prospect that the Ameri
can seaplane NC-4 may fly home over
the direct Atlantic route from Ireland
to Newfoundland. It is understood a
conference will be held here shortly to
discuss the project.
American naval officers say the NC-4
Is in better condition than when she
began her flight. Furthermore, the ex
perience gained by all of the NC-4 s
navigators and pilots would prove of
inestimable benefit should the return
flight be attempted.
The Royal air force dined the Ameri
can flying men tonight. Lieutenant-
Commander Read, replying to a toast
to his health, said:
I appreciate everything that has
been done for us and will say that Ply
mouth has proved to be the climax of
the whole number of places we stop
ped at."
Lieutenant-Commander Towers, who
had command of the NC squadron gen
erally, and the NC-3 in particular, said
his instructions were that he was not
to undertake anything spectacular or
that would stand a chance of failure.
It was for that reason the Azores route
was chosen instead of a direct route
to Ireland.
"Gamble" Is Still Chance.
"We still feel that we have a chance
of making a flight by direct route to
Ireland," he added, "but it would be.
to a certain extent, a gamble, and the
navy doesn't want to gamble."
"Our trip reaily was uneventful,"
Lieutenant-Commander A. C. Read said
to an Associated Presss correspondent.
e knew we would have trouble with
fog, and did, but otherwise everything
went off as we had planned. Our ma
chine worked perfectly ever since we
left New Foundland, with the exception
of our little radiator leak yesterday."
Lieutenant James L. Breese, Jr., of
California, the reserve pilot-engineer,
said:
"We had all the comforts of home
on the old boat. We had comfortable
bunks in which we took relays for
sleeping. Hot water from the radiator
faucet near the bunks helped to make
shaving easy.
"We knew when we were near a de
stroyer, as Rodd (Ensign Charles Rodd,
Cleveland, O., radio operator), would
tell us the radio was getting stronger.
"Then In a few minutes we would
feel a distinct bump, and knew we
were over one. It seems that the heat
or smoke from a vesssel has an effect
on the air 700 or 800 feet up, and this
caused the bump.
"I never was nervous once during the
trip, but admit I have been on shorter
flights. The machine did everything
we asked of it. I think you can fly
anywhere with a Liberty motor."
Among the congratulatory messages
received by the XC-4's crew were tele
grams from Rear-Admiral Harry S.
Knapp and - Admiral Benson, United
States navy, the Aero Club of America,
the Royal Aero Club of England, and
one signed by the duke of Atholt. Lieutenant-Commander
Read's classmates
at Annapolis naval academy were
among the first to congratulate him.
mponsyc-Lf i in. ye "pese
''IS - ,
Left out of 73 High-Grade
Slightly Used Pianos, Player
Pianos and Grand Pianos now on
sale at our big store, 435 Wash
ington Street, Corner Twelfth,
at Extraordinary Price Iiedue
tions.
we were fortunate In making a pur
chase of a large number of slightly
used high-grade Pianos, Player Pianos
and Grand Pianos from the trustee of
eastern financial Institutions. They
wanted their money at once. We bought
these pianos cheap and are passing the
opportunity on to you. Tour chance to
Save $150 to $500
on your piano purchases.
Read this list over carefully and re
member this is only a few of the many
to choose from.
Prentice, rosewood case, small size, sold
for S5O0 new; onr sale price ? 147.50
Automatic, made over from 65-note
player, oak case. In good shape; worth
much more; our sale price. .... .9185.00
Marshall, full-size piano. In walnut case.
easily worth new S4O0j our special sale
price now 9172.00
Three beautiful genuine Kimball Pianos,
all in mahogany case and all could eas
ily be sold for new; 550 style now 9333;
S650 style mow M37.SO
Art style Ludwig Piano in mahogany
case, a beautiful piano, only slightly
used and in guaranteed condition; was
sold for 9350: onr price sale. . .9337.00
Extra Player Special
Used 88-note Player Piano, can hard
ly be told from new, mahogany case
this is some bargain at ... 9293.00
There are also included in this sale
Chickering, A. B. Chase, Schaff Bros
autopiano, Hoffman, Kensington, Pres-
cott, Mendelssohn, Marshall & Wendell,
Behrine, Weber, Lester, Decker, K. S.
Howard, Jesse French and many other
strictly high-grade pianos, player pianos
and grand pianos at extremely low
prices and easy terms.
Out-of-town customers, write us
about these wonderful values. They all
are fully guaranteed and carry ou
one-year exchange agreement, whereby
you virtually have a year free trial ot
any Instrument you purchase. Liberty
bonds accepted at lull face value.
Reed-French Piano
Mfg. Co.
435 Washington St., eor. 12th St.
BREST, May 31. (By the Associated
Press.) The hearts of 80,000 Americans
stationed here or awaiting transport
home were filled with pride as the NC-4
flew past this port between noon and
1 o'clock today.
LONDON. May 81. (By the Associated
Press.) The king sent an equerry to
the American embassy this afternoon
with his majesty's hearty congratula
tions to Lieutenant-Commander Read
and his companions and the United
States navy on the accomplishment of
the Atlantic flight.
LONDON, May 30. (British Wireless
Service.) The Sopwith airplane in
which Harry G. Hawker and Lieuten
ant-commander Grieve attempted to
fly across the Atlantic and which was
picked up at sea by an American
steamer, arrived at Falmouth last
night. It will be brought to London
and exhibited.
RESORT NOT YET FINISHED
Japanese Tea Garden, Xot to Be
Opened for Some Weeks.
The Japanese tea garden, under con
struction at Council Crest, will not be
completed and ready to serve the pub
lie for two or three weeks. Through
an error the statement was published
yesterday that it had been opened,
when, as a matter ot fact, work on it
had only started.
Materials for the building and its
equipment were ordered from Japan
and some have not yet arrived. It. is
to be a replica of the one in Golden
Gate park, San Francisco, even to the
girls in oriental garb, who will serve
patrons.
COSTS TP INCREASE, VIEW
H. O. WQRTMAX SATS PRICES
WILL- GO EVEN HIGHER.
Portland Merchant, Back From Chi
cago and New York, Optimistic
as to Labor Situation.
Prices will go still higher before
there is any material reduction in the
cost of living, in the opinion of H. C
Wortman, secretary-treasurer of the
Olds, Wortman & King company, who
has just returned from his semi-annual
trip to New York and Chicago in the
interest of the store. Mr. Wortman
says business conditions in Portland
compare favorably with those In the
rest of the country.
"The general feeling was that prices
would be reduced sharply after the
war," said Mr. Wortman. "But It has
developed that this was a fallacy. Prices
today are higher than in the midst
of the war and I believe they will go
still higher before they fall.
"High wages and shorter hours for
labor are the causes of the rise. They
increase the cost of output. This con
dition prevails all over the United
States, and in fact, all over the world."
Mr. Wortman says business conditions
in the east are fairly good. Industrial
uni-est, exemplified by strikes, prevails
everywhere, he says.
"The outcome of the industrial trouble
is, of course, problematical," said Mr.
Wortman. "but I am inclined to opti
mism. There are strikes everywhere,
but I believe in looking at the brighter
side of things and I found much to
justify that outlook."
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Duty Galls You to the Polls!
A Vote for These Measures Means a Square Deal
for Our Heroes and Prosperity for Oregon
VOTE 300 X YES ??k2S VOTE 300 X YES
ment.
VOTE 302 X YES -lZXaallaeoa VOTE 302 X YES
VOTE 304 X YES gU1 VOTE 304 X YES
Interest.
VOTE 306 X YES SJt" VOTE 306 X YES
VOTE 310 X YES - RBTve,t 00,84 Mimary mgkm VOTE 310 X YES
VOTE 312 X YES For ontraction B.a. mil VOTE 312 X YES
VOTE 314 X YES -S323S S VOTE 314 X YES
VOTE 316 X YES For Market Roads T" BilL VOTE 316 X YES
Vote for the Entire State
Reconstruction Program
Paid advertisement by the Oregon Reconstruction Campaign Com
mittee, 650 Morgan Bldg., Portland, Ore. B. L. Eddy, Chairman.
WOMAN MUST DEFEND LIFE
Charge of Murder Tiled Against
Spokane Hotel Proprietor.
SPOKANE, May 31. A charge of first
degree murder was filed today against
Airs. Bess'e Lauger, who last Wednes
day night shot Henry Haley V the
hotel of which she is proprietor. Haley
later died of his wounds.
Mrs. Langer claimed she shot In seir
defeiise. TIN CANS NOT WANTED.
Would you trade a healthy baby for
a tin can or a plague-carrying rat?
There are very few people who would
but if you don't vote 512 X yes at the
special city election Tuesday, you will
do your part for the rats and the tin
cans.
Many Portland children are rorcea to
-i v.A tin can q nnd the rats
pia jiniuiis
because Portland hasn't enough play
grounds. AUV.
Death Follows Operation.
VANCOUVER. "Wash.. May 31. (Spe
cial.) Charles Arthur Lamoreaux of
411 West Eleventh street died yester
day at Sacred Heart hospital, Spokane,
following an operation. He was born
in New York 34 years ago and came
to Vancouver in 1910. He is survived
by his widow, Kathleen; a daughter,
Dorrls; asister, Mrs. J. B. Wilson of
Bremerton. Wash., and his parents, Mr.
and Mrs. T. J. Lamoreaux. The body
will arrive here tomorrow.
XTnit So. I to Meet Tuesday.
The regular meeting of Portland
Unit No. 1. American War Mothers, will
6e held Tuesday evening at s o ciock.
in room 520 courthouse.
Greeks Land at Aviali.
PARIS, May 31. Greek forces were
landed yesterday at Aviali, on the coast
of Asia Minor, 66 miles northwes at
Smyrna. The Turkish troops there of
fered only alight opposition, which was
overcome.
Parents Say Son Yet Missing.
The parents of 11-year-old Bert
Chatfield of (25 hood street reported
yesterday that no trace of their boy had
been received since he disappeared on
the afternoon of May 29. Boys of the
neighborhood were fishing In a lake
adjoining the Willamette river, near
the yards of the Coast Shipbuilding
company, south Portland, and say they
suddenly missed Bert Chatfield, who
was playing on a nearby raft. Bert
could not swjm.
in 1 ain
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