BANKRUPTCY FRAUD SAYS THE COURT State Supreme Bench Hold That a Creamery Co. Is sued Stock Irregularly. RECEIVER WIN8 CASE AGAINST STOCKHOLDER Other Decisions Handed Down Including Several on Appeals from Multnomah County. i (Special Dispatch to The Journal ) Balera, Or., Nov. 28. The supreme court today decided In favor of the cred itors and against the Kauplsch Cream ery company, an insolvent corporation, deciding that the stock was fraudulently Issued aa fully paid up, when In reality less than half of Its par value had been paia. The suit waa brought In the trial court cy William Mac Beth, a trustee, against the Kauptach Creamery company, to re quire tne stockholders M c. Banfleld, Thomas Rand, Julius C. Kauplsch. H. M. Kauplsch, M. M. Kauptach, O. Hapworth ana N. ri. uioomfleld to pay the bal ance upon the stock which might be deemed unpaid to the amount of the un paid Indebtedness of the concern. The plaintiff won In the trial court, and Ban field, one of the stockholders, appealed On January 27. 189, Julius C. Kauplsch and H. W. Kauplsch engaged In the creamery buslnesa and transferred one half of the Interest In the business to M. C. Banfleld and Thomas Rand for 16.000. The following day the Kauplsch Creamery company organised with a cap ital of 880.000, divided Into 1.200 shares at S25 each. All the property of the creamery waa transferred to a new company for $16,000 and 14,000 paid Into Ita treasury. In consideration the directors Issued to Its stockholders 800 shares After engaging In business six months the company failed and Mac Reth appointed a trustee for the credi tors. Since half the Interest in the bundles had been sold for IB. 000, the court rules that the business Is worth 110.000. hence $20,000 of the capital BtoCk lasued Is fraudulent. Only one half being; paid, and aa Banfleld, who appealed, held 200 shares for which be had paid only 12.500, judgment Is ren dered against him for 12,500. The re mainder of the stockholders accepted the Judgment of the trial court without appeal. The defendant was denied a rehearing In the case of Mollle Wolf, administra trix of estate of Isaac Wolf, against the City and Suburban Railway company, appealed from Multnomah county. Justice Bean denied a rehearing In the case of M. U. Duff, administrator of the estate of James Duff, appealed against the Willamette Iron A Steel Co.. from Multnomah county. The decision of Judge George was af firmed In the rendering of a Judgment In favor of the plaintiff In the case of A. T. Lewis against the First National bank of Portland. This was an action fi to recover money. The Oregon Pulp and Paper Co., sold to the defendant paper valued at 12.200 and, alleging that 81.600 only had been paid, sold the bal ance of the claim to the plaintiff, who , brought suit to recover $700. The testt- rnpny provea mai toe paper company was indebted To the plaintiff for sev eral large sums of money loaned, henoe the court ruled that the balance due from the sale of the paper should be spplled to the larger debt. TH1 ORfcOON DAILY JOURNAL. PORTLAND. MONDAY EVENING, NOVEMBER M. 104. mmmmmmmmmmm-mmmmA : " " 1 1 ' " IT r TsT"STTTsTlTTaaasssssTsssssssssssssssssssssssssssM :" ' THOUSANDS BENEFITED BY OUR POLICY. Drop us a postal, stating your age and we will mail you full particulars how to protect your family and build up an estate for yourself. AGE 25 6 CENT8 a day saved each year will PROTECT you for 91,00000 and guarantee you a GOOD INVEST MENT. Why be without a Policy? Insure with The Washington Life OP NEW YORK. Write for particulars. BLAIR T. SCOTT. General Manager. HARRY B. SCOTT, Agency Director. 609, 610, 611, 612 and 613 Cham, of Com. Bldg., Portland. Ore. AT (Continued from Page One.) cutters, burst into the network, blue flickers sped along the wires, and dosens of the enemy tumbled over, dead or In sensible. 'The ignorant Russian soldiers im agined that heaven had sent down lightning to "blast the heathen." and taking It aa an omen, stood steadfast In the face of terrific attacks. Many of the Japs had their flesh badly burnt. and others without any trace of injury, lay writhing and groaning." TELLS OF LOSSES. Tells of Tearful Port Arthur Casualties, (Journal Special Service.) Rome, Nov. 28. The newspaper Olornale dl Roma has a Toklo dispatch stating that the general attack at the Port Arthur fortifications, which was begun on the night of November 28, was but partially successful. Forts Ehrlungshan, east or Ehrlung. and Malckabujama have been destroyed, but the correspondent asserts the Jap anese attacks on Sung Shan Keakwan were repulsed. The dispatch adds that the total Japaneae losses are reported to have been nearly 7,000 men. The dispatch Is unconfirmed Dy any other reports, sll of which, however. In dicate heavy casualties. WANTS BIG SHIP. negotiating for the Ill-fated Steamer Luokenbach. (Journal Special Bsrstsfcf New York. Nov. 28. It Is reported here that negotiations have been nearly completed for the sale of the steamship L. Luckenbech, to Kussia, tor use ss troop ship or collier. The Luckenbach Is valued at $200,000. and-is the vessel which waa partially L destroyed In the great Hocoxen water front fire. She haa been rebuilt ana is now a flrst-class boat. The esse of J. Dechenback against D. C. Rlma for forcible entry and de tainer, which waa decided In favor of the .defendant by Judge George of Multnomah county, was reversed and re manded for new trial. The plaintiff had received judgment in the Justice court, but the defendant prevailed in the circuit court. The case of J. W. Meyer, respondent, against T. A. Llvesley Co., and John Vincent from Polk county, was reversed and dismissed in an opinion rendered by Justice Bean. The suit was to re strain the defendant from trespassing upon or Interfering with the plaintiff's possession of a hopyard. An action to recover money by B. linger against Knapp Knapp. from i ppik county, and which was decided in invvT of the plaintiff in the circuit court, was today affirmed. - Hibbard. Spencer, Bartlett a Co. won their suit against Philip Stein, on an appeal from Multnomah county. This was sn action to recover possession of sample cases entrusted to Joe Dlener, engaged aa a traveling salesman for the plaintiff. Dlener sold goods to Philip stein but without authority, no tlUe to ownership paaslng. The plaintiff brought suit to recover possession and, being successful in the trial court, the defendant appealed. AGREEMENT MADE. where the responsibility lies and the degree of blame attaching to subjects of the two high contracting parties or to subjects of other countries in the event of their responsibility being es tablished by the Inquiry. "Art $. The commission shall settle the details of procedure which It will follow for the purpose of accomplishing tne task with which it Is entrusted. "Art. . The two high contracting parties undertake to supply the commts slon to the utmost of their ability with all the means and facilities necessary In order to enable It to acquaint Itself thoroughly and appreciate correctly the matters in dispute. "Art. 6. The commission shall as semble In Paris as soon as possible arter tne signature of this agreement. "Art. t. The commission shall pre sent its report to the two high con trading parties, signed by ail the mem bers of . the commission. 'Art. 7. The commission shall take all Its decisions by a majority of the votes or tne rive commissioners. "Art. $. The two high contracting parties undertake to bear on reciprocal terms the expense of the Inquiry made by it previous to the assembly of the commission. The expense incurred by the international commission after the date of its asaembly In organising its staff and conducting the Investigations which it will have to make shall be equally shared by the two governments. "In faith whereof, the undersigned have signed the present sgreement (declaration) and affixing their seals to It. "Done In duplicate at St. Petersburg. November 25. 1104.' mTATiov zs bxtiutdxd. (Joornal Special Berrhw.) Washington, Nov. 28 .The Russian and British ambassadors called at the state department today and formally In vited the United States to name a high ranking officer of the American navy to act on the International commission which Is investigating the Doggerbank incident. The names of Admiral Dewev and Admiral Chadwlck are being consid- erea. lOlKOUI. W1U Inquire Thoroughly Into Worth Sea Incident. - (Journal gpectal Barrlee.) London Nov. 28. The following pro visions have been agreed upon between the Brltlah ambassador and the Rus sian minister at St. Petersburg In rela tion to the inquiry to be made Into the North sea incident: ' : '-' """" "Article 1. The International com mission of lnaulry shall be composed of five members (commissioners) of whom two shall be officers of high rank In the) Brltlah and Imperial Rus sian navies respectively. The govern ments Of France and of the United States shall each be requested to select one of their naval officers of high rsnk as a member or tne commission, ine fifth member shall be chosen by agree ment between the four members above menUoned: In the event of no agree ment being arrived at between the four commissioners ss to the selection of the fifth member of this commission, his Imperial and royal majesty, the emperor of Austria and king of Hun gary, will be Invited to select him. Each of the two high contracting parties shall likewise appoint a legal assessor to advise the commissioners, and an agent officially empowered to take part In the labors or tne commission. Art 2. The commission shall In quire Into and report all clrcumstsnces relative to the North sea inrioent ana nertleularly on the question as to (Journal Special SerTlce.) Bt. Petersburg, Nov. 28. The war of floe has received a dispatch stating that tne last Japanese sssault on Port Ar thur was repulsed with enormous losses to tne enemy. HOW ABOUT YOUR HAT Is it just as fresh looking as it should be? Wc are showing over fifty styles at S3 two of the best $3 Hats on the market Gordon and Imperial no matter how hard you are to please, surely in such a display there is something. ,aBassBasssasasVB4sasl asBSSeser aBSBBaaaefl Bsasafe We also exhibit almost the entire line of STETSON'S HATS From $4 to $6 Including both soft and stiff goods. Youman's Opera, Silk and Derby s The Fashion Dictators of America. SPLENDID HATS FOR $2.50 and f 2.00. All the higher grade styles. Complete Lines of Automobile, Golf, Norfolk and Rob-Roy Caps. OLAN LE ROY DRINKS CARBOLIC ACID His Mother Goes to Care for In jured Father and Child Swallows Poison. Two-year-old Olan Le Roy gdt hold of a bottle of carbolic add last night in the absence of his parents and drank enough of the poison to cause his death. Dr. J. J. Fisher was summoned and did everything In his power to save the little fellow's life, but the deadly liquid had done its work before he reached the scene. The boy's father was injured yes terday at Pendleton, and hia mother left for there as soon as she heard of the accident. The home of Edward LeRoy the father, where the tragedy occurred Is 668 OUsan street. Little Olan had been left In the care of the landlady and secured the poison while she was attending to her dutlea in another room. The funeral will take place tomorrow from Bethel M. E. church, corner of Tenth and Everett streets. SMUTS. (Journal Special Berries.) Brest. France. Nov. 28. Three Rus sian torpedo destroyers convoying transport passed here this morning, and a fourth destroyer is now anchored in tne omng. WILL STOP SALE OF LIQUOR TO MINORS 'Continued from Page One.) Reward Offered! LOST Somewhere in the city of Port landa bunch of keys, with our name plate, with our private mark, attached, containing three flat keys, one key numbered 1887. Party returning same to our store before next Saturday will receive as a reward the handsome ma hogany chiffonier shown in our front window. lull & Gibbs Complete House Furnishers. loon at Fourteenth and Gllsan streets. and many others In various parts of the city, it is charged that they continual ly sell liquor to minors or to any one use wno nas tne price. Juvenile drunkenness Is not confined to any one part of the city, according to those who will prosecute the crusade. out it is to oe round in almost any dis trict. In many parta of the city. It is asserted, there are bands of boys who not only arum in saloons, but take bot ties with them when they leave the places. It Is for the purpose of stopping such practices that the officiate and others purpose Issuing warrants for the arrest of those from whom the boys hsve se cured liquor. They will be relentlessly prosecutea. "The only regret is that there is not some method of torture provided by lew by which saloon men who sell boys whisky may be punished," ssld one of the offlcels who is lntereeted in the case "The mere payment of a line is not sufficient, and serving a term In Jail would not suffice for the enormous crime of putting whisky In the mouth of s child" The youngsters have promised to make a complete confeaalon to the city at torney this afternoon, giving the names of all the saloon men of whom they ob tained liquor of any kind Warrants will be Issued this afternoon. NEW LAND COMPANY IS ORGANIZED IN ROSEBURG 'pertal Dispatch to Tks Jearasl.) Roeeburg, Or., Nov. 28. Articles of Incorporation have been filed here with the county clerk by the Sutherlln Land company. The Incorporators are F. B Walte of this place and Lynn Caton and A. K Caton of Oakland. The capital stork Is $100,000 The corporation will work In connec tion with the Calapooia Land- company. who have on hand a good alsed Irriga tion scheme. XtXI.SBOBO OOVBT COaTVZlhBS. (special Irlapatch to The Jonraal.) JIMlsboro, Or.. Nov. 18. Court con vened todsy. District Attorney Harri son Allen Is investigating the Oakman murder caae. He haa not yet made his return. The Jury haa been dismissed by Judge sirHriae until next Monday on this account SECRETARY TAFT MEETS AMADOR IN PANAMA (Joornal Special Service.) Panama-. Nov. 18. Secretary Taft held a conference today with President Ama dor and other Panama officials. Later he conferred with the officials In charge of the canal sone, and the preliminary presentation of Panama's grievances will be made tomorrow. The United States cruiser Columbia having on board Secretary of War Taft and party arrived at Colon yesterday. Secretary Taft at the meeting of the Panama cabinet aaid: "It is a pleasure to bring the greet ings of the president of the United States snd to congratulate Panama upon the propitious beginning of a long and proeperoua life in fact, a life that is to be a peaceful one and one In which the president and people of the United States are most willing assistants. Ths United States haa no Intention In the Isthmus other than to build the canal for the benefit of Panama, the United States and mankind. There la no desire to exercise further power. I will, in the next few days, confer on those matters about which discus ion has arisen and hope to reach a solution full of honor to both countries. I have the great honor to present the nersonal greetings of President Roosevelt and expressions of profound good will." In reply President Amador said: "Tour arrival In Panama, and the pur pose that brings you. Is the highest honor this republic has received since It was born. The government snd peo ple will know how to appreciate this new proof of sympathy with which the I'nlted States has desired once more to distinguish us." VISCOUNT RIDLEY EXPIRES AT BLAGD0N ACCUSED OF TAKING MONEY FROM TRAMPS Walter Daly Arrested for Person ating an Officer Unable to Give Bond. (Special Dispatch to The Journal ) Eugene, Or., Nov. 18. Walter Daly, the man arreated recently' for person ating an officer and holding up hobos and robbing them, waa given a hearing before Police Judge Dorrls Saturday afternoon and held to appear for trial at the next term of the circuit court In March. His ball was fixed at $600. he was unable to furnish it Daly Is not a hobo, as the impression has been given. He is well dressed. FINAL SESSIONS OF Y. M. C. A. ARE HELD " (Special Dispatch to Ths Journal.) Salem, Nov. 28. With an open meet ing In the Methodist church lsst night, which was so largely .attended that many were turned away for lack of room, the annual Oregon-Idaho T. M. C A. convention came to a close, snd the many delegates and other visitors have now all returned to their homes and colleges to put into practice the new thoughts and inspirations received dur ing the sessions, , The nominating committee named the. following members of the executive committee for the ensuing year, the personnel being the same as last year, and rhey were unanimously chosen; J. Thorburn Ross. Portland; A. L. Veaxle Portland; C. L. Fay. Portland; President P. L Campbell, Eugene: John Bain. Portland; W. M. Ladd. Portland; J. H. Albert, Salem; C C Anderson, Boise; William Wadhams. Portland; President W. H. . ee. Albany; C. M Olson, Oregon City; C. Stevenson. Boise; E. C. Bro naugh, Portland; H. L. Batea, Forest Orove. Secretary H. W. Stone of Port land retires from the committee. STARVING, FORGIVES HER BOY'S SLAYER George Joyce Whom She Killed Avenging Daughter's Honor Was Mother's Support. (Journal Special Berries.) London. Nov. 88. The Right Honor able Blr Matthew White Ridley, firat viscount of the name, formerly sec re -tary of state for the home department. died today at Bladgon. He was born at Carlton House Ter race. July 25. 1842, and was educated at Harrow. Balliol college and Oxford. He was sn eccleslsstlcal commissioner from 1886 and prior to that had been provincial grand master of Northumber- and. Among the other offices occupied by him In the political world was thst of under-Becretary of the home depart men from 1878 to 1880. and from 1888 o 1886 he was financial secretary of the treasury. He waa a member of parliament from Lancashire from 1886 In 1900 and during this period served ss secretsry of state for the home de partment from 1896 to 1800. His estate contained about 10,000 acres of land. nd his heir is his son, Hon. Matthew White Ridley. BAY STATE GAS HEARING COMES UP (Journal Special Service Wilmington. Del.. Nov. 28. The suit brought by Receiver Pepper, of the Bay State Oas company, to recover 875,000. 000 from the officers and directors of the Bay State Oaa company, came up for hearing In the United States court here today, Judge Archbald, of the Cen tral district of Pennsylvania, preatdlng. Receiver Pepper alleges that the issue of 875,000,000 in stock wss Illegally made and. therefore, seeks to recover the amount from the officers of the company and J. Edward Addlcks. The hearing will continue several days. 1 CASTOR I A For Infsats and Children. Tbi Rind You Han Always Botgnt ths Of I PICKET BOAT BOILER EXPLODES KILLING TWO i Journal Special Service.) Portsmouth. Kngland. Nov. 28. Two marines were killed snd one Injured by he explosion of a holler on a picket-boat connected with the torpedo-schoolshlp Vernon In the harbor today. No official report haa been given out. WARRANT FOR WELL KNOWN CONTRACTOR A warrant of arrest was Issued for O. H. Dammeier, a contractor and real estate agent, this afternoon on the charge of obtaining money by false pre tenses. His accuser is Jennie Spsuld Ing, who allege that he took 8110 from her on May 19 aa manager of the Home Building association. She afterward learned, she alleges, that he had no authority to accept the money or issue a receipt for the same. (Special Dispatch to Tbs Joornal.) ' Seattle. Wash., Nov. 88. "Just give me a little help to tide me over until spring. Maybe before that. . time you will be relieved of my care." This wss ths statement of Mrs. Jove, the mother of George . Joye whs was killed by Mrs. Gertrude Robb laat June, when Joye was accused by Mrs. Robb's daughter. Mrs. Joys Is 66 yesrs of age. In ill health and without meana of sup port. The case' was reported to Humane Officer Clark, - who visited the little shack where the woman lives. It is a place of squalid poverty "and the aged woman, clothed in rags, seemed half demented over the loss of her only child, who was her sola support. She did not have a Mte to eat in the house and only two pennlea In her -pocketDook For 16 years she said George had been her support. Each week he came to her with more than half of bis salary earned aa fireman on the steamer Tele phone, This allowed her to live in comfort In a small cottage. With his death she waa forced to move to the shack, and since June laat has eked out sn existence on the money she had saved from his esrnlngs. This Is all gone now. The aged woman broke down and de clared that she prayed nightly to her Father in Heaven to take her to her son. She ssyg George tie ver did a wrong be fore in his fife, with the same breath she forgave the mother of the wronged girl, whom the Jury acquitted laat week. "It waa her only daughter and no one but a mother knows her feelings when she received a confirmation from my son of her daughter's confession." Mrs. Joye will be tsken in charge of by the society. i FOR WELL-TO-DO HOMES. four Pine Used Pianos at arouse on Tour Own Terms. During the past week we have sup plied Pianola Pianos to a number of prominent Portland homes, taking In part payment for same soms really ex cellent used uprights that when new cost a great deal of money. Every one of these pianos must be disposed of at once and we are offering them at prices that will Induce the very first ones see ing them to snap them up quickly. One Is a Chlckering, elegant' walnut case, the 8600 style $250 (payments 226 down and tit a month, if desired) takes It. Another ti also a Chlckering. the 8660 style, genuine rosewood case, could not be told from new price now fits, same terms as above. A KiiH.be- piano, the very largeat else. In rosewood case, the 2660 style. In ele gant condition price now 8285, sauna A nearly new Stetnway, the 2600 style. In highest priced mahogany case, which haa not been used to exceed nine months snd shows no wear whatever price 2285. Bear In mind that these are the high est grade Instruments manufactured and that these figures represent a saving In price sufficient for s complete musical education. Fliers Piano Houae, 861 Washington street. H. R. MARTIN ADMITS HE CUT HIMSELF H. R. Martin, who was tsken to the police station with his throat and wrists badly cut Saturday night, admitted to De 'dives Snow and Karriiaa this aftemoon that the wounds were self-ln- nicted. He has hsd trouble with his wife. SSCXSXOaT VATOM (Joornal Special Service. Washington, Nov. 28. The supreme court today sustained the New York court'a decision In the famous Fayee weather will caae, which was decided In favor of the colleges to which funds had been bequeathed and against the execu tors Twenty colleges are affected NINE DAYS ABOARD WATERLOGGED BARK (Journal SpeeisI Service.) San Francisco. Nov. 28. After suf fering extreme hardships for nine days the crew of 10 men of the barkentlne Quickstep waa landed In this city yes terday from the steamer Homer. EUOTIOST OrflCIlM AESAIOKID (Journal Special Service. ) Denver, Nov. 28. Four election offi clsls of ward 6 precinct were arraigned In the supreme court today, charged with contempt of court In allowing repeaters tn vote and throwing nut cltliens who objected tn being given a marked ballot. The entire day will be spent In taking evidence. tjddbbt death or old maw. Robert McAyesJ. nged 75 years, was found dead In the Ryan hotel, at Front and Main streets, yesterday morning. Heart disease wss the cause of desth. He had been living with hia son. a. MrAyeal, at 269 Broadway, and moved to the hotel when his son broke up houaekeeptng last Wednesday. BaJurday Ihe old man's heart began to trouble him, snd he fell down a flight of stairs The body wss removed to Flnley's un dertsking rooms, snd the funersl will be held tomorrow. blow sai-h o: (Special rHapaten tn Ths Joornal.) Tacoma, Nov. 28. The eafe at 8umaa was blown open by robbers yesterdsy morning esrly. who got 2100. Quick J. A Gulledge of Verbena, Ala., was twice In the hospital from a severe caae qf piles caualng 24 tumors. After doc tors and all remedies failed. Bucklen'a Arnica Salve quickly arrested further Inflammation and cured him. It con quers aches and kills pain. 26c at the) Bed Crops Pharmacy. Sixth and Oak streets, on tbs way to ths post office. WWWW I TOW iTTr77 L T J Sal For Christmas We are showing all the celebrated Waltham, Elgin and Duber-Hampton Moven.ents, In solid silver, solid gold cases and filled cases, warranted 15 and SO years, for a small payment down and $1 a week. We have them from $17.50 up I. GEVURTZ CORNER YAMHILL mm