The Sunday Oregonian., May 21, 1922, SECTION FOUR, Page 10, Image 66

to
THE SUNDAY OREGONIAN, PORTLAND, MAY 2i. 1923
E
w METHOD
TOWIR
BUILDINGS
Electric Conduit Replaces
;: Baseboard in Rooms.
DEVICE HELD PRACTICAL
Invention Declared to Provide for
Changes In Equipment Wanted
by Various Tenants.
The numerous uses of electrical ap
pliances and the necessity of making
provision for these is one of the prob.
lema which confront the builder of
the modern office and lusinesa build
ing. .. . ; , ' ,
: There have been numerous cam
paigns to, acquaint the householder
and builder, with the need for making
provision for all the latest electrical
devices for the home. However, but
little has been said about the needs
of the office or public building. As
ft consequence of this but little is
known generally on this important
phase of building, and many build
ings which are models ofmodern con
Temience in every other respect are
far behind the times, from the stand
point of electrical esuipment and the
provision for the use of the modern
electrical devices now common in the
business office.
Plenty of LirU Required.
' In the modern office one of the pri
mary needs is plenty of light, which
means plenty of lighting equipment.
Added to this there are the numerous
modern pieces of office equipment
operated by electricity, euch as elec
tric adding machines, electric fans,
addressographs, dictaphones and elec
tric bells. All of this equipment
means that there must be eufficient
provision made for outlets for the
convenient tapping of the electrical
Dower.
In the construction of the ordinary
office building, the architect makes
provision for a certain number of
ceiling and wall outlets, sufficient
for the ordinary office, and lets this
nhaae of the construction trouble him
no more. It is Impossible to make
provision for all the tenants who may
occupy a certain office by this means,
but ordinary demands can be taken
care of. With the use of this ordi
nary method of wiring, however, a
change of tenants may mean that
the wiring may have to be changed
to take care of the new demands for
electrical current.
New Method Developed.
With a view to allowing for more'
extensive use of electricity in offices
and public buildings, a new method
of installation has been Introduced
recently tending to give increased
flexibility. This method solves the
problem of increased outlets by using
as an electric conduit a metal base
. in the place of the baseboard run
around the room.
Thds is both attractive and prac
t'.cal, it is declared by experts. As a
baseboard, the device is handsome
and sanitary and may be finished to
match any wood, marble or metal.
It also provides two large concealed
raceways for high and low tension
wires, and these are easily accessible
by removing the base front. By the
use of this Installation it is possible
to place any number of electric re
ceptacles along any point of the base.
$500,000 PROJECT NEXT
FRANK Ii. McGUIRE IS
BUILD 125 HOMES.
TO
Irvington Park Structures
to
Range In Price From $4000 to
' $5000 and Be Fully Modern.
A home building project Involving
an investment of more than $500,000,
aid to be the largest ever under
taken by a Portland organization, was
announced last week by Frank I Mc
Guire. It is planned to build 125 bungalows
In Irvington Park, which will range
in price between $4000 and $5000.
Each house will be distinctive in de
eign, with no two alike in the entire
project. All the bungalows will be of
double-construction and contain all
modern conveniences. Practically all
will have five rooms, including break
fast nooks. It Is proposed to equip
the houses with electric heating
plants. However, if furnaces are de
sired by purchasers, they will be in
stalled instead.
The property to be improved lies
on East Twenty-second street, north
of Hyland street The district is
served by two car lines Alberta and
Woodlawn. It has been announced
that Ainsworth avenue is to be paved
to East Twenty-second street and the
latter street to Dekum avenue. It. is
expected that the street improve
ments will be started at an early date.
The district commands unobstruct
ed views of the Cascaae mountains,
with Mount Hood, Mount Adams and
Mount St. Helens in plain sight.
- The bungalows will be built in
units of ten, work having been start
ed on three houses the last week.
$150,000 APARTMENT BEGUN
Four-Story Structure Started for
Portland Attorney.
Construction of a four-story apart
ment house costing $150,000 has
been started by Bingham & McClel
land, builders, at 263 Montgomery
street for C. A. Sheppard, Portland
attorney.
A special feature of the building
will be a garage for the storing of
automobiles of tenants. The building
will have 45 apartments and will be
Btrictly modern in every respect.
The structure was designed
Charles W. Ertz.
by
Residences Are Planned.
A story-and-a-half residence is to
be erected by H. S. Ganco, 553 East
Ankeny street, at 298 East Sixth
street, on plans prepared by D. L.
Harden. A. P. Sprague of San Diego,
Cal., will erect a bungalow cottage
at 490 East Fifty-fourth street, at a
cost of $4800, and a cottage to cost,
14500 will be erected for Emma E. Al
bert of 415 East Watt street at 1070
Cleveland avenue, on plans prepared
by C A. Dunbar.
;- Realty Board Official Named.
Oscar Kaufer has been appointed
chairman of the realty board's mem
bership committee, taking the place
of Ralph Harris, who resigned. Mr.
Kaufer is planning a campaign for
obtaining many new members for the
board. Walter S. Asher has also been
appointed chaLrman of the arbitra
tion committee to take the place of
Rodney ttligan, who reaifinedj.
FACTORY SUE BOUGHT
THEO. BERGMANN COMPANY
MAKES PURCHASE.
Gronnd - at
Thurman
Twenty-Eighth and
Obtained Build-;?
Ing to Be First-Class.
The Theo. Bergmann Shoe Manufac
turing company has purchased lOOx
200 feet of ground space on the north
side of Twenty-eightn street, between
Thurman and Upshur, as a site for a
proposed new factory building 200x90
feet in dimensions and two stories
high. Th ground was purchased
from the Ladd Estate company and is
valued at $15,000. Plans for the build
ing, prepared by Claussen & Clas
sen, call for a class A fireproof struc
ture costing about $25,000. Founda
tions are of sufficient strength to
carry four additional 'stories. There
will be a basement under the entire
building:.
Theo. Bergmann came to Portlnd
in 1887 and entered the employ of
William J. Fullam, custom shoe
manufacturer, as a cutter and fitter.
In 1893 he established a custom shop
of his own and operated it in connec
tion with a retail shoe store, until
1904, when he incorporated the Theo.
Bergmann Shoe Manufacturing com
pany with a capital of $1000.
The capital stock of the companys
was increased to $5000 in 1S06, to
$10,000 in 1908, to $25,000 in 1911 and
to $50,000 in 1915. At the world's -exposition
at San Francisco in 1915 the
company won the gold medal for
manufacturing the best and highest
grade boots and shoes.
During the period of its growth the
company gradually expanded its mar
ket to cover Oregon, Washington,
Idaho, Montana and California. In
April the capital of the company was
increased to $100,000 for the purpose
of securing additional capital to
finance the construction of the new
plant. Several new lines of men's
business shoes have been added to
the output of the firm and the limited
space of the present factory has made
it impossible to supply the demand,
Mr. Bergmann stated. The new
plant will give employment to about
200 operatives. . Present location of
the plant is at 632 Thurman street.
Officers of the company are Theo.
Bergmann, president, and C. E. Cas-
ael, secretary-treasurer.
LITTLE FARMS FIND BUYERS
Tracts Near Hillsboro on Cariine
Nearly All Sold. -
All but three of the 27 tracts In
Witch Hazel little farms, east of
Hillsboro on the electric line, have
been disposed of since the property
was put on the market, according to
Coe A. McKenna & Co., who handled
the property. The tracts sold range
from 4 to 10 acres in size.
A heavy demand for that sort of
property is reported. Already many
of the purchasers are said to be erect
ing houses and other buildings. 1
Coe A. McKenna & Co. have also
started a building programme in the
University Park section, planning the
immediate erection of six houses
costing in the .neighborhood of $3500
each. One of these already has been
started. The houses will Have four
to five rooms and all modern con
veniences.. Interest in University Park is
growing as a result of the plans for
the erection of a new branch library
there and the activity of the Uni
versity Park Community club.
EAST SIDE HAS
BUILDING' ACTIVITY RUSHED
IN VARIOUS DISTRICTS.
Residences, ' Business ' Structures
' and Garages Under Construc
tion by Contractors.
. Building activity in- the various
districts in the east side includes not
only a large number of residences
now under construction, but also bus
iness buildings and garages. ,
A notable acquisition to the East
moreland district will be the two and
a half story residence to ' be built
for Eugene Kauff, on plans prepared
by himself, at 1360 East Twenty
ninth street, between TOlman and
Claybonrne streets. ' It will cost $17,-
500. D. R. Beam will erect a story
and a half residence, . to cost $5500,
at 1173 East Burnside street, and a
two-store house has been started at
596 East Sixteenth street. North, for
Rufo V. Blake. It will cost $4500.
M. B. Mack of 8 East Twenty-fourth
street is to construct a story and a
half residence, to cost $6000, at 3S
Willamette boulevard, and John Laef
felman will build a $4000 cottage at
1858 East Taylor street
Wegman & Son, contractors, have
in progress several pieces, of con
struction work in east side districts.
They are erecting a one-story con
crete garage for A. Wildman on plans
prepared by A. Dietrich, and which
will cost $12,000. They are well along
with the construction of a one-story
concrete machine shop for Louis
Kuhn at East First and Oregon
streets, and are building a one-story
brick store, 60 by 60 feet in size, for
Sam Holm at East Eighth street and
East Broadway.
Six residences, to cost approximate
ly $3000 each, are to be erected in the
Irvingwood district by, the Ross
BUILDING ACTIVITY AND DEMAND FOR HOMES
Building company. Three are to be
one-story and three a story and a
half. They will be at 665, 673, 675,
679, 681 and 583 East Thirty-second
street. North, between Klickitat and
Siskiyou streets. An $8500 residence
is to be built for Claude E. Eumsey,
1240 East Pine sVeet, in Irvington,
at 544 East Twenty-sixth 6treet,
North, between Knott and Brazee i
streets; and a $6000 residence will be t
constructed for Delia Wildeman at
114 Woodward avenue. W. J. Orme
will build a $7000 two-story Asidence
at 769 Clackamas street, in Holladay
addition.
Robert Paysee has received the con
tract for the erection of the busi
ness building for G. E. Duke at 1034
Hawthorne avenue. This will be a
one-story structure divided Into six
store rooms and Mr. Duke will move
his own meat market business into
the corner room from his present
site.
CAMP SITE IS PURCHASED
SAMUEL C. LANCASTER BUYS
72 ACRES AT BONNEVILLE.
Work Is to Commence at Once Pre
paring Property lor Outing
Place for Summer.
Purchase of 72 acres from the
0.-W.R.. & N. company at Bonneville
was completed last week by Samuel
C. Lancaster and work will be com
menced at once in preparing the prop
erty for another summer camp in ad
dition to the camps Mr. Lancaster will
open this i summer at Lost and
Wahtum lakes.
The property at Bonneville lies be
tween Eagle creek and Bonneville
along the Columbia River highway.
Fourteen jn'les up Eagle creek and
reached by a beautiful mountain trail
will be the camp at Wahtum lake.
Another 12 miles over a beautiful
trail built by the United States for
estry service through the national
forest is the camp at Lost lake. Lost
lake may also be reached by automo
bile by way of Hood river over a
newly completed road..
Arrangements will be made, accord
ing to Mr. Lancaster, and guides will
be furnished so that the trio from
Lost lake over the mountain trails to
the Bonneville camp can be made
with maximum comfort for those who
desire to view some of Oregon's most
wonderful scenery on foot. The camp
at Wahtum lake will serve as a half
way camp for those making the jour
ney. Arrangements will be made at
Wahtum lake whereby a sojourn of
several days - can be made at this
camp, giving a chance to, rest up and
view mo scenery aDout tne lane.
The property at Bonneville is
heavily wooded, and the camp will be
as seclusive as one in the heart of the
mountains, even thought it is right on
the highway. All modern conven
iences will' be installed at both the
Lost lake and Bonneville camps, in
cluding electric lights in all of the
tents and a radio receiving set where
by concerts sent out from Portland
may be enjoyed. Included in the
Bonneville property is a, high bluff
reached in a few minutes by trail
from the highway and from which a
remarkable v'ew of the Columbia
river gorge can be obtained.
TYPES OF BETTER-GRADE HOMES ON EAST SIDE NOW FINDING
READY SALE. ,
'
I t, -
Above Residence at 830 Hamblet avenue, in Alameda Park, sold by Fred
C. Farmer to George C. Hogg for approximately 99000. Below New
bungalow at 484 East Twenty-fourth street North sold by Herman Nelson
to B. S. Jones, new superintendent of the Western Union, for $S0OO.
Both houses shown were sold through the R. T. Street better-homes
agency. This concern reports a good demand for the better type of homes
and also a ready sale for homesites.
Among other sales which they negotiated recently was that of a home
at 448 East Twenty-second street North, sold by S. P. Jennings to Mrs. C. A.
Pruitt for approximately $8000, and a house at 766 East Broadway, sold
by C. M.. Piersoa to J. I . Saead o tbe Irvington garage, for $7000.
CONTINUE TO BE OUTSTANDING FEATURES OF REAL ESTATE
Above at left New $200,000 Scottish
Seven-room house at 110 Mlrimar place, in l.aurelhurst, sold by J. M. Doutcun to Mr. and Mrs. Wallace Hunting
ton for $12,500, the transaction being handled by R. H. Torrey. Below New $25,000 factory to be erected on
$15,000 site at Twenty-ninth and
Claussen.
TEMPLE DEDICATION SET
MASONIC CEREMONIES AT HO
QUIAM TO BE JUNE 9.
Exercises to Be Held In Spacious
Auditorium of 3-Story Brick
and Concrete Building.
HOQUIAM, Wash., May 20. (Spe
cial.) Dedication of the Scottish Rite
temple in this city June 9 will make
another milestone in Masonic history
in southwest Washington. Two days
will be devoted to the ceremonies and
degree work from the third to 14th
to a large class of candidates.
The dedication itself will be the
feature of exercises to be held in the
spacious auditorium of the three
story brick and concrete building at
Eighth and K streets. The ceremonies
will be followed by a grand ball.
The temple has been built as the
result of activity of the Scottish Rite
Temple association which sold ap
proximately $200,000 worth of bonds
to pay for the building and furnish
the lodge rooms which are on the
second and third floors reached by a
main entrance on L street. The grand
lodge of Masons laid the cornerstone
on September 3 of last year.
Through the acceptances of the dates
by William E. McCrea of Spokane,
33d degree honorary, deputy grand in
spector, the Scottish Rite is now go
ing ahead arranging for speakers. Mr.
MoCrea's acceptance . has been re
ceived. Ernest Bertrand Hussey of Se
attle, 33d degree honorary, formerly
sovereign grand inspector-general of
Washington, Alaska and Japan, has
been invited, as have several others.
HiSx. Ky T"T-
223
Rite temple at Hoqnlam, Wash., to be
Thurman streets by the Bergmann
j
As the dates follow the three days
reunion of Scottish Rite in Tacoma,
it is anticipated the gathering here
will be unusually large.
NEW ADDITION TO BE OPENED
Corbett Terrace, Containing 40
Tracts, to Be Put on Market.
Corbett Terrace addition, contain
ing 40 tracts, located at View Point
station on the Oregon Electric, is to
br placed on the market at attractive
prices, according to announcement
made last week. The property has
an unobstructed view of the city, two
rivers and mountains and is naturally
wooded with maples, dogwood and
evergreens.
The sites vary in size up to one-I
Iiolf .ro TV,,. nrnn.rf to
inside the three-and-a-half -mile cir
cle and has all the city conveniences,
including pavement, sidewalks, curbs,
sewers, Bull Run water, gas and
electricity. There is an electrical
station on the tract and graded school
within two blocks. The property has
10-minute oar service to the city and
Is served by the Red car line as well
as the Oregon Electric.
Strong & MacNaughton, estate man
agers, have appointed Henderson,
Bankus & Co. exclusive sales agents
for the property.
BRICK BUILDING TP RISE
WESTERN ELECTRIC COMPANY
CLOSES 5 -YEAR LEASE.
Structure to Be Occupied by Oregon
Branch of Concern to Be at
Park and Flanders.
The Western Electric company of
New York, one of the largest elec
trical jobbing house in the world,
has just closed a five-year lease
through the F. E. Taylor company for
a three-story brick building that will
be immediately erected for its exclu
sive use at tne northwest corner of
Park and Flanders streets. The- struc
ture will cost about $35,000 and will
be ready for occupancy the latter
part of August.
The property is owned by E. D. Van
Dersal and the building is being fi
nanced and built by Strong & Mc
Naughton, estate managers. Chester
A. Moores represented both parties in
the lease, which has been under nego
tiation for approximately a year.
The building will contain many new
innovations for the storage and dis
play of electrical goods and will
carry suppl'es of a value ranging
from $150,000 to a quarter of a mil
lion. It will also be the headquar
ters for the 369 persons the Western
Electric employs locally.
The Portland branch is the 49th of
the 64 branches established as a re
sult of the rapid growth of its whole
sale business in the Oregon territory.
"We have been looking for a proper
location for more than a year. Bald
S. H. Ward, manager of the. Portland
branch, "and after a most searching
survey finally decided on Park and
Flanders because we believe that it
fs in a district best fitted for whole
sale and warehouse purposes. It is
very close to the business section.
trackage and railroad terminals are
available and water shipments call
for only a short level haul."
Dwellings Are Begun.
C. F. Goodwin, 1311 East Davis
street, has begun the erection of a
story and1 a half residence at No. 1305
on this same street, on plans pre
pared by himself. It will cost $4500.
A $3000 bungalow is being erected at
1S.35 East Thirty-ninth sitreet by the
Wickman Building company for W.
W. Bray, 1233 East Thirty-ninth
street, and J. E. Springer is building
a story-arid-a-half house, to cost
$000, at 645 Twenty-seventh street
North. A new Irvington residence is
that being erected at 495 East Four
teenth street North for Fred Bontty
at a cost of $3500. Daniel McPherson
has begun the erection of two resi
dence buildings at 1626 and 1630 Mis
sissiWi avenue,
SITUATION.
A1CCK1TBCTO,
dedicated June A. Above at right
Shoe company. Sketch by Claussen &
LOTS IN GOOD DEMAND
BETTER BUILDING SITES ARE
FINDING READY SALE.
People Who Intend to Build Own
Homes Pay $3000 Apiece
for Land Parcels.
A good demand for the better type
of building sites is reported by Earl
J. Lowe, head of the lot departmen
of Ritter, Lowe & Co. Mr. Lowe said.
ha' his company had sold a number
""""' """"'"S Biles, ""6
Hughes estate in that district. Som
of these sites were priced as high a
$2500 and $3000 and all were take
by those intending to use the prop
erty for the erection of high-class
homes.
"The demand for lots and building
sites has a much better tone tha
that which prevailed a year ago,
said Mr. Lowe. "At that time there
was a demand for the cheaper lot;
for the erection of cheap houses for
speculation. At the present time th
purchases are largely being made by
those who wish to erect their own
homes. The consequence is that th
demand is for the better class
home sites and the buildings to be
erected are of a much more substan
tial and better type.
"This change is one which will
prove of greater benefit to the city
of Portland inasmuch as it is to the
interest of the city to have the erec
tion of the better type of homes by
people who will keep their property
improved and in good shape."
Mr. Lowe reported that about two
thirds of the Hughes estate lots had
been sold by them during the ores
ent campaign and that only about 75
remained.
Sales last week of this property in
eluded a 75x100 lot on the southeast
corner of East Eighteenth and Stan
ton streets to Mr. and Mrs. Felix
Dielschneider; the southeast corner of
East Twentieth and Fremont streets
to Frank T. Angel of the Pacific
Telephone & Telegraph company
75x100 lot on the east side of East
Twenty-second street, between Bra
zee and Knott streets, to Henry E.
Collier, attorney; a lot on East
Twenty-second street near Knott
street, to P. F. Clodius, and a lot on
East Twenty-third street near Fre
mont street, to E. W. Bredemeier.
NEW STRUCTURES PLANNED
Two Buildings to Go Up" Near Park
and Alder Streets.
Plans or the improvement of the
three-story brick building owned by
the Therkelsen Investment company at
the southwest corner of Alder and
Park streets, and the erection of a
two-story addition Immediately south
of this structure on Park street were
announced last week by Cachot Ther
kelsen of W. P. Merry's office. The
improvement will cost In the neigh
borhood of $40,000.
The present building will have glass
fronts on both the Alder and Park
street sides on the first floor, and the
entrance to the upper floors of the
building will be placed on the Park
street side.
The addition to be erected will
have three shops on the ground floor
and four on the second floor. Work
on this improvement will be started
immediately, 'and It. is expected to
have it completed in about three
months. The shops are to be espe
cially suited to the handling of wom
en's wearing apparel.
Laurelhurst Home Is Sold.
A beautiful seven-room home lo
cated on a large view site at 110
Mirimar place in Laurelhurst was
sold last week by J. M. Dougan to
Mr. and Mrs. Wallace Huntington for
a cash consideration of $12,500. The
transaction was handled by R. H.
Torrey. Mr. Huntington is the presi
dent of the Cowlitz Valley bank at
Kelso, Wash., and was also the owner
of a highly Improved 1250-acre farm
at that place until recently, when he
disposed of the same to the Long
Bell Lumber company for $215,000.
E
Good Faith Test tjy Which
Courts Decide.
HONEST ERROR PASSED UP
Claimant Held Liable for Wrong
Statement of Facts Which
Could Be Ascertained.
BY W. B. SHIVELY,
Chairman Legal Committee,
Portland Realty Board.
Where a workman or materialman
intentionally claims excessive
mounts in filing a mechanic's lien,
what Is the effect thereof upon the
Hen?
The mechanics' Hen statute of this
state requires a lien claimant to file
with the county clerk of the county
in which is situated the property -on
wnich he desires to claim a lien
claim containing a true statement of
his demand, after deducting all just
credits and offsets."
In construing this portion of the
statute the supreme court said in
Equitable Savings and Loan associa
tion vs. Hewitt, 55 Ore. 329: 106 Pac.
447: "If, in filing such claim, he puts
on record a statement of the account
which he knows to be untrue, or
which, by the exercise of reasonable
diligence, he could have known to be
untrue, he loses his lien." At the trial
of this case it was proved that the
Hen claimant had received a substan
tial payment on his account for which
no credit was given.
Ruling Is Quoted.
The receipt of payment," said the
court, "is a fact which is particularly
within the claimant's knowledge, and
he is bound to state it truly.
There is no room here to entertain
the supposition that the inaccuracy
of the statement of account in the
Hen notice was the result of an hon
est difference of opinion as to the
amount of the payment. The
statement of account In the lien no
tice not being true, the Hen did not
attach."
A similar ruling is found In Lewis
vs. Beeman, 46 Ore. 311: 80 Pac. 417,
where a lien claimant had failed to
give credit for $5 which he had re
ceived in groceries. The reason for
these rulings is stated in Nicholai vs.
Van Fridagh. 23 Ore. 149; 31 Pac. 288,
where the court said: "So far as the
property holder is concerned,
the sub-contractor or material man
subjects his property to an lncumb
ranee or burden without any contract
with him; It is a special and ex
traordinary remedy or privilege given
by law; and nothing, we presume, is
better settled than that one attempt
ing to avail himself of the advan
tages of a remedy or privilege of this
character, must fully comply with the
provisions of the law conferring It
Accuracy Is Required.
"There is good reason for requiring
There 's good reason for requiring
strictness, accuracy and truthfulness
in filing these statements.
The effect is to tie up the property, to
prevent sales and the raising of
money by mortgage. "
Lienors, with knowledge of the status
of the account, or with information
thereof at their disposal, cannot be
excused for a failure to file this
truthful statement, so wisely and
clearly required by the statute. To
hold otherwise would result in offer
ing a premium for thoughtlessness
and carelessness, and in establishing
liens contrary to the provisions of
law.' "
A different rule applies, however,
where there has been no intentional
fraud on the part of the claimant, as
for instance where an honest mistake
has been made in the amount or price
of labor, or the quantity or value of
materials furnished about which there
may be a difference of opinion re
quiring evidence to ascertain the true
facts. Johnson vs. Paulson, 83 Ore.
238; 163 Pac. 435.
Wage Dispute Cited.
In that case there was a dispute as
to whether or not a workman was to
be paid at the rate of $3.50 a day or
$3 per day. A lien was filed at the
higher rate. The court found that $3
a day was the true rate of pay, but
also found that the workman had
been honestly mistaken in claiming
the larger sum, and therefore refused
to invalidate the lien.
In Columbia River' Door Co. vs.
Todd, 90 Ore. 147, 175 Pac. 443, 860, the
supreme court applied the same rule
to a case where excessive amounts
were claimed due to errors In book
keeping. There being nothing In the
record to Indicate "that these errors
were willful or anything more than
an honest mistake," the court held
the lien valid, notwithstanding the
errors.
An analogous question has arisen
many times where a claimant had in
cluded In his claim llenable and non
lienable items.
Foreman's Pay Included.
For instance, in Allen vs. Elwert,
23 Ore. 428, 44 Pac. 824, a claim had
been filed of $132, a part of which
was for the services of a foreman fn
making repairs to a building, and a
part of which was for the rental of
tools used' by workmen on the job.
While a lien could undoubtedly be
A PLUMBER WHO IS
FULL OF PEP"-
IS APT TO HAVE A
DANDY.
REPJ
A Am
WE'RE full of pep and we've
got a good rep but at that
we watch our step. Each plumb
ing job accomplished by this shop
lives up to the character of the
work which won us such an envi
able place in the business of this
community.
ALASKA PLUMBING &
HEATING CO.
363 E. MORRISON STREET
East 2954
iT,
If
LABOR
LIE
claimed for the services of the fore
man on the construction work, no
l'en could be established for the ren
tal of the tools. There was nothing
to indicate on the lien, as recorded,
how much was chargeable for the
foreman's services and' how much for
the use of the tools. The supreme
court said that oral evidence could
not be received to establish how the
various charges were to be appor
tioned, and the whole lien was there
upon thrown out.
In this case the supreme court laid
down the following rule: "Where
lienable and nonllenable items are
included In one contract for a specific
sum, or are made the basis of a lumD-
ing charge, so that it cannot be per
ceived! from the contract or account
what proportion is chargeable to
each, the benefit of the mechanics'
lien law is lost.
Separate Items Alter Case.
"In such cases the court cannot, by
extrinsic evidence, apportion the
amount of the entire charge or con
tract price between the lienable and
nonlienable Items. But where the
claimant's demand, made In good
faith, consists of several different
Items, separately charged, some of
which are by law a lien upon the
property, and others do not come
within the scope of the statute, he
may enforce his lien so far as given
by law, and it is not vitiated because
he has included therein nonlienable
items."
Whore the lien as filed shows on
its face the Items of the account so
that it will be possible for tha court
to separate the lienable from the
nonlienable items, the segregation
will be made and th lien enforced
for the lienable items only. "When,
however," as stated in Stewart vs.
Spalding, 71 Ore. 310, 141 Pac. 1127,
"a lien j claimed for a lumping sum,
and lienable, and also nonlienable.
Items are mingled together to make
up the lumping sum for which, the
lien Is claimed, and there Is no sep
aration in the statement of the de
mand! of the 1'enable from the non
lienable part of the lumping sum, the
supposed lien is invalid and the d-e-fect
cannot be cured by oral proof
showing the part that Is lienable, and
separating it from the nonlienable
portion of the lumping demand.
Statement Held Untrue.
'A Statement Of the AvjrtxnA tnr a
lien in which lienable and nonlien-
aoie items are merged in a lumping
sum is not "a true statement' of the
claimants' demand, within the mean
ing of the statute." In this- case a
lien had been filed for an amount
aggregating more than $56,000. In
tne trial it was found that the sum
claimed included charges for post
age, telephone, typewriter rent, ex
press charges, railroad fares, steno
graphic charges, premiums on surety
bonds and a number of other non
lienable charges. The court said that
'it was constrained to believe" the
lien claimants had knowingly in
serted the numerous items in bad
faith. Wherefore the court held the
Hen was wholly invalid.
REALTORS' ARTICLE IS FILED
Competition for National Achieve
ment Cup Is Entered.
A 1200-word article telling the
achievement of the Portland Realty
Board for the city and community, for
the national association and for itself
has been submitted to the authorities
of the National Association of Real
Estate Boards in competition for the
national achievement trophy cup, to
be awarded at the convention of the
national association at San Fran
cisco, May 31 to June 3.
The various activities of the board
for the past year include por
tions of the administrations of Coe A.
McKenna and A. R. Ritter as presi
dents and Paul A. Cowgill secretary.
The Portland board captured the
attendance trophy at the last con
vention held at Chicago.
About 40 realtors have signed up
to go from Portland to the conven
tion at San Francisco. Some will go
by train, others by auto and others
by steamer.
Advices received by Paul A. Cow
gill are that the doings of the con
vention will be broadcasted by radio
throughout the west.
for every room
In every building i
Armstrong's
Linoleum
and Cork Tiling
Appropriate patterns for floors,
large or small. Very moderate
in cost. Clean, sanitary, dustless,
attractive.
The Ideal Floor Covering for
Homes and Public Buildings
Cork Floor
Products Co.
Broadway at Taylor Street
"Made in Portland"
Safeguard the Health
of Your Family
ENJOY MODERN CONVENIENCES
BATH, TOILET, KITCHEN SINK IN THE HOME
Sewage Disposal Without Sewers
FIRST COST THE ONLY COST
NO UP KEEP REQUIRED
CONSULT TOUR
PLUMBER
Crane Co., Wholesale Distributors
160 Fourteenth Street North
FURNACE
We have the RIchardson-Boyn-ton
Furnaces both the pipeless
and the regular kind. We are ex
perts on heating and ventilating.
We will give you the benefit of
our forty years' experience in this
line. It will save you future
trouble and expense by installing
the right furnace in the right way.
J. G. Bayer Furnace
Company
Z04 MARKET ST.
-
i
Ask
For
Itiiltt
BulliUi
It's
Fm