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.
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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